certaine considerations drawne from the canons of the last sinod, and other the kings ecclesiasticall and statue law ad informandum animum domini episcopi wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the church. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) certaine considerations drawne from the canons of the last sinod, and other the kings ecclesiasticall and statue law ad informandum animum domini episcopi wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the church. babington, gervase, - . [ ], p. printed by richard schilders], [middelburg : . place of publication and printer's name from stc. reproduction of the original in the henry e. huntington library and art gallery. some print faded and show-through; some leaves cropped. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england. -- constitutions and canons. -- early works to . ecclesiastical law -- great britain -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robert cosgrove sampled and proofread - robert cosgrove text and markup reviewed and edited - pfs batch review (qc) and xml conversion certaine considerations drawne from the canons of the last sinod , and other the kings ecclesiasticall and statute law , ad informandum animum domini episcopi wigornensis , seu alterius cuiusuis iudicis ecclesiastici , ne temere & inconsulto prosiliant ad depriuationem ministrorum ecclesiae : for not subscription , for the not exact vse of the order and forme of the booke of common prayer , heeretofore provided by the parishioners of any parish church , within the diocesse of worcester , or for the not precise practise of the rites , ceremonies , & ornaments of the church . prov. . . the glory of god is to conceale a thing secret , but the kings honor is to search out a thing . esai . . hearken vnto me ye that know righteousnes , the people in whose heart is my law , feare ye not the reproch of men , neither be ye afraid of their rebukes . cod. de episcopis & cleric l. nul . li licere . nec delatoris nomen suspicionemque formident , cum ●ides atque industria corum , tam laude , quam honestate , ac pariter pretate , non careat , cum veritatem in publicas aures , lucemque deduxerint . . to the right honorable lords , the lords of his maiesties most honorable privie counsell . most noble lords , may it please your good lordshippes , to be put in remembrance how the holy ghost calleth and entituleth the princes of the earth by the name of gods. by which so rare and admirable a style , so high & supereminent a title , men of your estate , cōdition & qualitie be taught , that as your names are , so should your persons be , gods by name & calling , therefore every way such maner of persons , as the most high god , the god of gods , hath commaunded you to be . that is to say ( as iob sayeth ) deliverers of the poore and fatherles , when they crie , and there is none to helpe ; eyes to the blind , & feete to the lame ; diligent in searching out things you know not ; breakers of the chawes of the lyons , and the pluckers of the pray out of their teeth . that so you being covered with iustice , as with a robe , and with a crowne , the blessing of them which are ready to perish , might come vpon you , and the distressed beeing succoured , might have cause to prayse you . and ( most honorable lords ) by so much the more have we presumed to tender vnto your lordships favorable examinatiō , these considerations , by how much the more your fame , prayse and honour may be sounded , and resounded throughout all the churches , when you shall be well pleased to become humble intercessors vnto our most gracious and christian lord and king , for a more temperate , mild , and charitable course , by the diocesans and other ordinaries , hereafter to bee held against the ministers ; vntill they shall defend their late censures , penall proceedings and sentences , for omission of rites , ceremonies , ornamentes , &c. to be in every due regard and circumstance answerable to the kings ecclesiasticall lawes and statutes . in the meane season , that more rigour and severitie of law hath of late bene vsed in some of their consistories , then was meete , these considerations with their reasons drawen from the lawes , statutes , and canons , which them selves professe and practise ( if rightly they were applied to their proceedings ) may sufficiently witnes . for by these groūds and reasons , if inquisition or information had ben made , or taken , sentences of grace and absolution , rather then of disgrace and condemnation ought ( in our iudgement ) to have ensued . if we should be demanded , what colour of law or reason they can pretend , for their forme and maner of proceedings , we might rather have cause to wonder , then be able to yeeld any reasonable aunswere to such demaund . and therefore as they be old inough , so good leave shal they have from vs , to make answere for them selves . only thus much we might be able , reasonably to defend , that a good government being lightsome , can not brooke the darksomnes of that which is evill . and on the other side , that an evill governement , being darksome , can not but flie the lightsomnes of that which is good . if the government then of the church by diocesans , & other ordinaries , had bene lightsomnes , and not rather darksomnes , it could not have come so to passe , as it hath done , that the moone , as it were abashed , and the sunne , as it were ashamed , should flye before the obscuritie of most grosse darknes : that lampes of pure oyle , and candlestickes of fine golde , standing and burning day & night in the temple , should be removed and put out : and that in steed thereof , both woodden candlestickes , and lights of bulrushes , should be brought in , and set vp . nay , if we had not seene it with our eyes , & heard it with our eares , it would have seemed a wonder , altogether vncredible vnto vs , that not one ( so farre as we can learne ) among . or . thousand ministers ( some whereof are notoriously knowne , to be ignorant & vnlearned , some idle and non resident , some common bibbers & taverne haunters , some dycers and gamesters ▪ some fighters and quarellers , some wanton & adulterous , some simoniacall and vsurious , some pompous and ambitious , some greedy and covetous , some swearers and swaggerers , and some prophane and voyd of all honestie of life ) should so much as once in twoo yeares , for any of these grosse impieties , bee publickly admonished , or marked with the least note of disgrace , for not conformitie to the holy lawes of god : and yet notwithstanding , that a third or fourth part of three or foure hundred painfull , discreet , learned , grave and godly ministers , within lesse then sixe monethes , should be suspended , deprived , or deposed some from their offices , and some from their benefices ; not for commission of the least of the grossest of these sinnes , but only for omission of the least of the commaundements and traditions of men . if wee say we had not both heard and seene , and knowne these things , wee could never have beleeved them to be true . nay if we had not heard it , and knowne it , how incredible might it be , that sundry learned and godly ministers , vowing , protesting , & offering to testifie vpon their corporall othes , that they abstayned from the vse of ceremonies , for none other cause , but onely for feare of offendinge god , wounding their owne weake consciences , & scandalizing their brethren , could not for all this , by the diocesans be accepted , but commanded away and put to silence . now alas ( most noble lords ) if such a course of iustice , and such an hand of iudgement , by your lordshippes , or other the kings iustices & officers were held in the civil governement of the common weale , what out-cryes would there be made in all the corners of the land , yea & with what swarmes of disordered and riotous persons , would the kings dominions , in short space , be oversflowen and pestered ? it is true ( my lordes ) we confesse , that non relatione criminum , sed innocentia rei purgantur . and therefore to excuse any minister wherein he may iustly be blamed , is farre from our minde and purpose . for we graunt that every one must beare his owne burthen , and that every man ought by his owne innocencie , to purge himselfe , bee other mens offences never so great , or seeme his owne , in his owne eyes , never so small . but we have therefore balanced the toleration of scandalous and vnlearned ministers , with the molestation of learned and godly ministers , to the end your lordshippes vnderstanding the number of sinnes and impieties every where daily abounding , by the multitude of the former , and the scarcitie of godlines in every place to be seene , by the pa●citie of the later , your lordshippes by your wisedomes might foresee , and by your authorities prevent that pestilent contagion of ignorance of gods revealed will , which by this preposterous sufferance , of the one , & violent progresse against the other , is ready to infect the whole church , and by consequence , to lay wast the common weale , as a pray to the popish faction . for is there not by this me●nes a way prepared and made ready for the greatest part of the people , to revolt from the gospell to poperie ? and so from their naturall and christian lord and king to a forein & antichristian pope ? for let the booke of god be once sealed vp from the people in english , as in time of poperie it was sealed vp , vnto our fathers in latine ; and let the people by example of the wicked & scandalous life of ministers be drawne along in their owne naturall corruption , who will not be ready to assist every iesuite & seminarie , whē he shal preach poperie , the very mistris and mother of all corruption & rebellion ? the wearing of a whit surplice , and the feyned making of an ayrie crosse in baptisme , how litle the popish faction , by the same wil be quieted and kept in awe , the late outragious starting out in wales , and their madd combynings in other places , may be a good caveat for your lordshippes to consider : whether their driftes bee not rather to enterprise a more publike disturbance , then to continew them selves within the listes of that obedience wherevnto they were constreyned in the raigne of our late soveraigne of blessed memorie , queene elizabeth . your lordships therefore could not but performe a most acceptable service , first vnto god , and his church : secondly vnto the king & his realme , if your lordships would be pleased to bee petitioners vnto his maiestie , that by his regale and supreame power , there might bee an healing of the former errour , and vncharitablenes of the diocesans and other ordinaries . for it can not be denied but that by their manner of proceedings , they haue sinned against god ; in this , that they have aequaled , nay rather in some things preferred their owne canons & decrees , before the commaundement of god. and therfore it cannot be but that they have herein , as much as in them lay , provoked the wrath of god against the king and his whole realme , if by the kings zeale , this their so grosse a sinne be not reformed . my lordes , we are well advised what we speake herein before your lordships , for we speake nothing but what we prove thus : whosoever for not wearing a surplice , or for not crossing in baptisme , suspendeth or depriveth a preaching minister , otherwise vnreproveable for life and doctrine , and not suspendeth , nor depriveth , but tolerateth an vnpreaching minister , scandalous in life , & ignorant of doctrine , the same person preferreth in this thing , the observation of his owne canon and decree : before the commandement of god. but some diocesans and ordinaries , for not wearing a surplice , & for not making a crosse in baptisme , do suspend and deprive preaching ministers , otherwise vnreprovable for life and doctrine , and yet doe neither suspend , nor deprive , but tolerate vnpreaching ministers , scandalous in life , and ignorant of doctrine . therefore some diocesans and ordinaries in this thing , preferre the observation of their owne canons and decrees , before the commandement of god. we could heape argument vpon argument , vnanswerable to this purpose , but we should then passe the boundes of an epistle , and become over tedious vnto your lordshippes . only therefore we most humbly beseech your lordships in the behalfe of the faithful ministers of christ , with patience to heare thus much ▪ viz. that for their dissenting in matter of ceremonie , from the diocesans , they ought no more by the diocesans to be traduced for factious sectaries , or seditious scismatickes , then the diocesans them selves ought to be traduced , for such maner persons , by their owne dissenting from the cardinals and popes of rome . for there being as litle difference betweene a sect , and a scisme , as there is betwene a besome & a broome , & there being also as smal oddes betweene faction and sedition , as betweene an edifice and a building , it followeth , the ministers dissenting from the diocesans of england , or the same diocesans dissenting from the cardinalls and popes of rome , if neither of them be seditious scismatickes , that neither of them can be factious sectaries . when paule was accused by tertullus , that he was found a pestilent fellow , and a moover of sedition among all the iewes thorough all the world ; the apostle answered that they neither found him in the temple disputing with any man , neither making vproare among the people , neither in the synagogues nor in the citie . art not thou ( saith the chief captaine , speaking to paule ) the egyptian , who before these dayes raysed a sedition , and led out into the wildernes , foure thousand men that were murtherers ? by which places it appeareth , that a seditious or factious person , by the holy scriptures , is adiudged to be such a kind of person , as who boasting himselfe , rayseth , leadeth , or draweth away much people after him , and vnto whom much people resort and obey : yea and by the civile law , not every one that omitteth some duetie commanded , but such a one as gathereth people together , or stirreth thē to make a tumult , and shall drawe him selfe and his followers , to some place of safetie to defende him selfe and them against an evident commandement , and publike discipline , only such a man , i say , by the civile lawe is to be punished , as a seditious & factious person . for these kind of mē only are properly said , seorsum ire , & partes facere . seditio then being quasi seorsum itio , and faction quasi partium factio , yea a a sect also , being sic dicta , quia fit quasi sectio , vel divisio : and a b scisme , being illicita divisio , per inobedientiam , ab vnitate ecclesiae facta , vel illicita di●cessio eorum , inter quos vnitas esse debet : it followeth , that whosoever by inobedience , or tumultuouslie goeth not a part , or maketh not a part from the vnitie of the church , but either in doing , or suffering , quietly submitteth him self to the lawes , that he can neither be factious sectarie , nor seditious scismaticke . and indeed ( my lords ) from hence is it , that the diocesans and whole clergie of england ( ever since they made a separation from the vnitie of the church of rome ) have falslie bene named , and reputed sectaries & scismatickes , as though they had without cause devided them selves from the vnitie of the true church of christ. whereas in trueth , the church of rome by hir apostasie , having cut hir selfe from the vnitie and vniversalitie of the doctrine and discipline of the true and mother church of ierusalem , is hir selfe become the most notable and prime sectarist and scismatick of all the world . and of whose schismes our diocesans , so farre as they partake with hir , can not be but guiltie . vnles then the diocesans can approve them selves , touching their vse of ceremonies and diocesan governement , to stand in vnitie with the true & new ierusalem , in these dayes repaired & departed from the old scismes and sectes of rome ; we assure our selves that they shall never bee able to prove those ministers which stand not in vnitie either of iudgement , or practise with them , but be conscionably and so lawfully divided in these things , from them , for such division , to be sectaries or scismatickes ? for it must be an vnlawful discession , by inobedience , from the vnitie of the first and mother church of ierusalem , and not a lawfull departure , vpon conscienc , efrō the vnitie of the daughter●church of england , that maketh a sect or scisme . for otherwise , ought not all other churches stande in vnitie of ceremonies and governement with the church of england ? or vnlawfully dividing them selves from the church of england , must they not become scismatickes & sectaries ? and how then are not almost all the christian and reformed churches in the world , not onely almost , but altogether scismatickes and heretickes ? for have they not divided them selves from all those rites , ceremonies and ornaments , yea & from that maner of diocesan governement , which are yet reteyned in the church of england ? my lords , i confesse that brevitie and perspicuitie are two commendable graces of the toung and of the penn ; & such as in all mens speeches and writings , are much to be affected . but yet how long or tedious soever already i have bene , i most humbly beseech your honorable lordshippes , to licence me to passe on one steppe further , especially the matter being of such importance , as the same may not well bee passed over with silence . it hath pleased sir edward cooke knight , his maixsesties attornie generall , with all candor and charitie , to confirme and satisfie by demōstrative profes , all such as were not instructed in these points following ; first , that an ecclesiastical iudge , may punish such parsons , vicars &c. as shall deprave , or not observe the booke of common prayer , by admonition , excommunication , sequestration , or deprivation , & other censures and processe , in like forme as heretofore hath beene vsed in like cases by the queenes ecclesiasticall lawes , though the act of primo eliza had never insflicted any punishment for depraving , or not observing the same . secondly , seeing the authoritie of an ecclesiasticall iudge , is to proceed , and to give sentence in ecclesiasticall causes , according to the ecclesiasticall law , that the iudges of the common law ought to give faith & credit to their sentence , and to allow it to be done according to the ecclesiasticall law , when the iudge ecclesiasticall hath given sentence in a case ecclesiasticall , vpon his proceedings , by force of that law . for ( saith he ) cuilibet in sua arte perito est credendum . now then , as these two pointes bee plainly taught and demonstrated vnto vs , so also even by the same demonstrative reasons , it is cleere , that there must be , first , a depraving , or not observing of the booke : secondly , that every sentence given by an ecclesiasticall iudge , in a case of depraving , or not observing of that booke , must be given , according to the ecclesiasticall law , and vpon his proceedings by force of that lawe in like forme , &c. from whence it followeth , that all sentences touching depravation or not observatiō of the booke , be either voyd sentences by reason of nullitie , or no good sentences by reason of iniquitie and iniustice , if by the iudges ecclesiasticall , vpon their proceedings , the same sentences have not bene given by force and according to the same lawes , in like forme as heretofore hath bene vsed in like cases by the kings . ecclesiasticall lawes ; or if the factes charged vpon the ministers , by the iudges ecclesiasticall , by the letter & intendement of the law , be no depravations , or not observations of the same booke . and therefore to the end all questions touching these two poyntes , might hereafter vtterly cease , and bee quite buried , your lordshipps could not performe a more acceptable service to the king , the church , and realme , then by an humble importuning his maiestie , to have it explaned by parliament ; both who ( by the letter and true meaning of the statute ) bee depravers or not observers of the booke , and also what lawes ecclesiasticall , may , and of right ought to be called , indeed and trueth , the kings ecclesiastical lawes . for vnlesse aswell touching these pointes , as touching the former pointes of sir edward cooks , it be throughly decided , what is the binding and assured law , how should the ministers , or others , content and satisfie themselves with an vndoubted trueth ? and that this maner of controversie about the invaliditie of sentences , of deprivation , given by ecclesiasticall iudges , is not a controversie now first moved , but that the same hath bene long since handled and discussed , is a matter yet remayning ( i doubt not ) vpon publike record . for whereas sentences were given in the tyme of king edward the sixt , for the depriving of steven gardener , from the bishoprick of wincester , bonner from the bishopricke of london : heath from the bishoprick of worcester : day from the bishopricke of chester : tunstall from the bishopricke of durham : vessay from the bishopricke of exeter : wherein many grave and learned commissioners were imployed : as the archbishop cranmer , ridlie bishop of london : goodrick bishop of elie ; sir william peeter , and sir thomas smith , the kings secretaries : sir iames hales , one of the iudges of the law : maister gosnell , maister goodrick , maister lisley , maister stamford , men notably learned in the common lawes of this realme mai. leveson , and mai. oliver , doctors of the civill law , nevertheles the same sentences , were in the tyme of queene mary , revoked and disannulled without perliament , within the space ( as myne authour sayth ) of three dayes , by vertue of other commissioners , for faultes found in the processes , viz. that the former commissioners had proceeded ex officio , without authoritie , contrary to the kings ecclesiastical law : sometimes quod iuris ordo non fuerit servatus , &c. sometimes that the interrogatories were ministred to divers persons without knowledge of the defendants , &c. sometimes that some of the witnesses were examined privately without oath : sometimes that their exceptions and appellations , were not admitted , but their persons committed to prison , pendente appellatione , &c. and therefore ( most honorable lords ) it is to be considered , if the like , or greater and more notorious defaultes and enormities , bee to bee found in any sentence of deprivation , given ex officio , by a diocesan governour at this day , whether the same sentence ought to be maintayned as good and iust , or rather whether the same ought not ( as the kings law requireth ) to bee reversed and disannulled , as evill and erroneous ? and thus i leave and commend vnto your most honorable care , circumspection , and vigilancie , the hearkening and spying out , by all the possible wayes and meanes in your highest wisedomes , you can best devise , how the good lawes , statutes & decrees of the church & realme , being duly executed , a learned , vertuous , paynfull , and godly ministerie may be nursed and suffered to grow vp . and how on the other side , an idle , ignorant , scandalous , and godles ministerie may ( as worthily it deserveth ) be cut downe , and troden vnder foote : the one by a perpetuall decree and ordinance of god , hath establishment from heaven , and therefore without sinne & offence to god can not be neglected : the other springeth from below , and is much like to an evill herbe , or weed , which if it be not speedily rooted vpp , but suffered to spread , will soone so over-spread the gardens of god , with vice and impietie , as there will scarce be any roome left , for vertue and pietie , the one by vse , and execution of the kings ecclesiasticall lawes , may easilie be cherished : the other without abuse and contempt of the same law , can not in any sort bee tolerated . it was said vnto shebna , the steward of the house of king hezekiah : what hast thou to doe here ? and what hast thou here , that thou shouldest hewe thee out a sepulchre , as he that heweth out his sepulchre , in an high place , or graveth an habitation for him selfe in a rocke ? but , oh , you most noble lordes , are not as shebna in the house of hezekiah , but you are vnto king iames , and his house , as was eliakim vnto hezekiah , and to the house of king david . as the key of the house of king david was layde vpon the shoulders of eliakim , so is the key of the house of king iames , laid vpon your shoulders . if you shall open , no man shall shut ; if you shall shut , no man shall open . would your lordshippes then bee fastened as a nayle , in a sure place , as eliakim was ? and would you desire to be the throne of the glorie of your fatbers houses , as eliakim was to his ? you must then hee clothed with the garmentes , and strengthened with the girdle of eliakim : yea and you must be fathers , to the inhabitantes of ierusalem , and of the cittie of god. yea shebna , though he were in mans iudgement so fastened , as though he should never fall , yet must his face bee covered , and he him selfe rouled and turned like a bale in a large lande . yea hee must be driven from his station , destroyed out of his dwellinge place , and bidden to departe . nay the burden that was vppon him , must bee cutt off , that the chariottes of his glorie , may bee the shame of his fathers house . these thinges , most honorable lordes , if you accomplish and bring to effect , you shall approove your selves vnto the great and mighty god , to be such little gods vnder him , as you may not bee ashamed at his glorious appearance , but may reioyce and be glad , that your worthie and divine actes , have beene aunswerable to your divine and worthie names . and thus the god of power , and maiestie , confirme , strengthen , and stablish your heartes faithfully and couragiouslie to doe the worke of god , and of his king. the corrector to the christian reader . this tempest ( good reader ) having blowne downe so many poore parsons houses , vncovered their churches , and overthrowne their pulpits , hath wakened mee to behold the harmes and to consider the danger , least staying vnder the roofe of a tottering building , i might , perhaps , bee suddenly overwhelmed with the ruines . herevpon i betoke me to examine the foundations vpon which this house so sore beaten doth stand : i found the groundworkes good and sure , even christ and his apostles with all the sacred word of god. the walles i perceyved well strengthened with buttresses of the fayrest and firmest stone , that the temple hath bene repayred within these laste times . i grew secure that howsoever the tiles did fly about our eares , yet the walles and the substance would abide : notwithstanding i looked about me still for more props , no store being superfluous in such extreeme perill , and , by gods good providence , i light vpon this worthy treatise , very learnedly written and with great judgement , whereby i receyved comfort and confirmation a fresh . in it i beheld how the vehemencie of the storme forced things cleane contrary to the current of our owne lawes ; and from hence i conceyved this tempest would be blown over anon . for can his sacred maiestie , when he shall throughly vnderstand how his statutes are abused , suffer his most loyall subjects to groane any longer vnder such heavy oppression ? it cannot bee , but together with his high court of parliament , he will at laste take order that the ambition of none shal be of greater force , then his regale decrees . i have thought good to imparte vnto thee this treasure , that thereby thou maist learne what the lawes of the lande require in this case , and maist labour by prayer and by what dutifull and lawfull meanes thou canst to obteyne remedie . farewell . certaine considerations drawne from the canons of the last synod , and other the kings ecclesiasticall & statute law , ad informandum animum domini episcopi wigor●ensis seu alterius cuiusuis iudicis ecclesiastici , ne temere , & incōsulto prosiliant ad deprivationem ministrorum ecclesiae : for not subscription , for the not exact vse of the order and forme of the book of common prayer , &c. first by the letter of the statute . h. . cap. . it seemeth to be a playne case , that no constitutions , canons or decrees , by what name soever they be called , ought to bee made , promulged , or put in execution within this realme , vnlesse the same be made by the whole clergie of the realme , assembled by the kings writ in their convocations . for as by these wordes ( the clergie of the realme ) inserted in the submission & petition of the clergie , the whole clergie of the realme is vnderstood , even so likewise , these wordes , ( clergie of the realme ) beeing repeated in the body of the act , can not well be taken and vnderstood , to bee meant of parte of the clergie , but of the whole body of the clergie of the realme . for otherwise the body of the act should not accord , and bee answerable to the submission . the last synod then , being ( as appeareth by the tytle of the booke of canons ) but a provinciall convocation , for the province of canterbury , consisting only of the bishop of london , president of the same convocation , and the rest of the bishops and clergie of the said province , it followeth ( the archbishop of yorke and the bishops of that province , & so the whole clergie of the realme not beeing assembled with the kings writ to this synod , that the constitutions made in this synode , have nor bene made by the whole clergie of the realme , according to the true intent and meaning of this statute , and consequently , that they ought not to have bene promulged and executed at all , especially within the province of yorke . but to let this passe , and not simply and altogether to stand vpon this poynt , being also ready , vpon better reasons , to alter our opinion , be it for the tyme admitted and graunted , that the canons , and constitutions of the last synod , according to the true meaning of the statute , were lawfully made and promulged . neverthelesse , for so much as throughout all the canons , ther is not so much as mēcion once made of any sentence of deprivation , from an ecclesiasticall benefice , for any crime whatsoever : frō hence it seemeth evident , that the synod never intended , that the peyne of deprivation should follow vpon refusall of subscription , or for the not vse of any ornaments , rites or ceremonies , required and enioyned by those canons . besides , for so much as the synode by the . canon , & other canons mentioning the vse of ornaments , rites and ceremonies , hath appointed and ordeyned some certeyne and speciall peynes , yea and peynes farre lesse then deprivation , for the offences aforesaid : herevpon on also it forcibly ensueth , that deprivation for those offences , by the synod , are cleerlie secluded . poenalia sunt odiosa : odia sunt b restringenda ; poenae igitur c molliendae , potius quam exasperondae . and againe● , statutum poenale non est● extendendum ad casus non expresses , sed strictè debet intelligi sicut iacet in suis terminis . and therfore it is concluded that constitutio poenalis , licet detur omnimoda similitudo , & subsit ●adem ratio , non tamen trecipit extensionem , ad non expressa , quia talis extensio fierit per hommem non habentem potestatem condendi legem . the peyne then by the synod being appointed for not subscription to be no greater peyne , then not to be suffered , to preach , to catechise , or to be a lecturer , or reader , &c. it followeth that the synode adiudged , the peyne of deprivatiō to be too great a peyne for the offence of refusall , to subscribe , ex quantitate poenae , cognoscitur quā titas delicti : qu●a poena de●et esse d commensurabilis delicto . and thefore this offence being adiudged by the peyne to bee but small , the peyne can not be extended to deprivation . quia poena non debet excedere delictum , & beneficium non est auferendum alicui etiam a papa , sine magna & manifest a caus● . nay were it so that deprivation had bene mentioned in the canon as a meete peyne , e to have bene inflicted , for the offence of refusall , yet if vpon any wordes of the canon , a doubt might have rysen , whether deprivation should follow or no , in this case , cum simus in poenalibus , verba capi debent , in potior● significatu , vt euitemus poenam . nay more if by the wo●ds of the canon , vere & propriè sumpta , it were without all controversie ; that deprivation for refusal , might be inflicted , neverthelesse this peyne by the opiniō of baldus for this offence in som case , is not to be inflicted : statuta poenalia semper intelliguntur ( saith he ) habere inse clausulam . si delicta dolo committantur . if refusall thē should be made vpon conscience , and consequently , not per dolum : the peyne ceaseth , as a peyne by cōmon right , not comprised within the canon ; yea & in this case , the peyne ceaseth though the cōscience be erron●ous , contra legem conscientiae , non est obediendum superiori , etium g papae : duplex enim est lex . quaedam priuata seu conscientiae , quaedā publica : priuata est potentior publica : hinc dicimus quod quae spiritu dei aguntur , non sunt sub lege k publica . and therefore conscientia quanquam erronea , & scrupulosa sequenda est , si non potest de iure informari , & veniens contr● conscientiam suam , etiam scrupulosam , aedific at ad gehennam , ●d est , committit peccatum mortale , quod punietur paena gehennae : id est ignis aeterni . and another he saith , quod nemo debet grauare conscient●am suam , sed salutem animae suae , praeferre cuicunque officio . and an other concludeth , propter scandalum vitandum potest de iure omitti obedientia , quod quidem procedit , vt non solum supersedendum sit obedientiae superioris , ad scandalum vitandum , cum ipse quod iniquum est praeceper●t , sed etiam cum aliquid iust um praeceperit . yea and master doctor bilson , though not in iudiciali , yet in foro conscientiae , holdeth and teacheth in effect the very same in these words : we ( saith he ) grant , he that woundeth a weake conscience , sinneth against christ : wee may not for things indifferent , trouble the weake mindes of our brethren . nay by thomas archbishop of canterbury , edward archbishop of yorke , & all other the bishops , prelats and archdeacons of the realme , it was concluded and agreed in maner , forme and effect following , viz. one rule or canon is necessary to be considered , concerning the obedience which is required vnto the rules & canōs ordeyned by the priests and bishops . for as much as that parte of the iurisdiction of priestes & bishops which consisteth only in outward ceremonies , and such things as be themselves but meane and indifferent , surely there is no other obedience required in the same , but that men may lawfully omit , or doe otherwise then is prescribed by the said lawes , & commandements of the priests and bishops ; so that they do it not in contempt or despite of the said power and iurisdiction . but have some good and reasonable cause so to doe , and offend not , nor slaunder not their neighbours in their doing . for in these pointes , christian men must studie to preserve that libertie wherevnto they bee called and brought by christes bloud and his doctrine . that is to say : although men ought to repute and thinke that the observation of holydayes , fastingdayes and other constitutions , be expedient and necessarie for such endes and intentes as they be made for . and though men ought to repute and thinke that all the said ends and intentes be very good , expedient & necessarie , aswell for a common order , &c. yet surely men may not esteeme them but as thinges indifferent , & of no such necessitie , but that men may vpon causes reasonable , well omit & leave the same vndone , so that it be not in case of contempt and sclander . this rule and canon men must diligently learne . yea : but did ma. bilson speake that in the person of the magistrate , or in the person of a brother ? as for the rule and canon mentioned by the said archbishops of canterburie and yorke , and other bishops and prelates , it is to be vnderstood of such ceremonies & ordinances , as the priests and bishops prescribe vnto the people , and not of politicke constitutions of the church , given or confirmed by the magistrate . well : but if a christian magistrate ( notwithstanding the dignitie of his person ) be a christian brother , would not my lord of w : ( if he were demanded ) answere , that a christian magistrates sword , is committed vnto him rather for quieting , then for troubling : for healing , then for wounding of the weake consciences of his christian subiects ? for in that , that princes and subiects , meeting in the communion of saints , be therein brethren , how should the person of a christian magistrate ( though in excellencie h● f●rr surmount the persons of all his subiects , ) alter the nature of a christian trueth , in a christian communitie ? and if it be a trueth in christian communitie , that christian brethren , ought not to trouble the weake mindes of their christian brethren , in things indifferent , doeth not a christian magistrate sinne , if he obey not this trueth ? but to let this passe : where you demand , whether m. bilson speake in the person of a magistrate , or in the person of a brother : i referre it to the iudgment of all men , whether in that place of his booke , his wordes immediatly going before , and following after , doe not as directly touch the magistrates office , as by any possible meanes they may . for he in that place mainteyning the magistrats authorite , touching his lawfull requiring of an oth vnto the supremacie , both for coacting and correcting such , as deny the lawfulnes of the same : and for this purpose having cited the desperatenes of the donatists , who slew themselves , rather then they would be forced to forgoe their fancies , in the end saith thus : how beit we grant that he w th woundeth a weak cōscience , sinneth against christ . whervpon also againe follow these words , a litle after ; we may not for things indifferent , trouble the weake mindes of our brethren . a christian magistrate then , ( for of a christian magistrate he speaketh ) sinneth against christ , if he trouble the weake mindes of his christian brethren , or wound their weake consciences for things indifferent . and so this reply might suffice also , vnto that exception made touching the rule and canon of the archbishops and bishops , before rehearsed , had not them selves in expresse termes , more fully cleared this point . for they make no maner difference or distinction , betwene the preceptes and ordinances of priestes and bishops , rightfully made by authoritie of their iurisdiction , whether they be confirmed , or not cōfirmed , by the people , or christian magistrate : but they affirme directly the same precepts and ordinances being once receyved by the common consent of the people , and authorised by the lawes of christian princes , that no other obedience is required to them , but that men may lawfully omitt , or doe otherwise , then as is prescribed by the said lawes and commandements , of the priests and bishops , so that they doe it not in contempt or despite of the said power and iurisdiction . yea moreover ( say they ) although men ought to repute & think , that all the said ends and intents , be also very good , expedient & necessary , aswell for a common order and tranquilitie , to be had among the people , as also for the better instruction & inducement of the people , vnto the observation of these things , wherein consisteth indeed that spirituall iustice , & that spirituall honor and service , which god requireth of vs ; yet surely men may not esteeme them , bus as things indifferent ; and of no such necessitie , but that men may vpon causes reasonable , well omit and leave the same vndone , so that it be not in case of contempt & sclander . and vnto these cases , ( especially at this time , above all times ) speciall regard is to be had , even by the provinciall or ecclesiasticall law it selfe ; for seeing in every diocesse , there be not a few of the principall pastours ( alleadging the holy scriptures , for the ground of their vpright consciences ) that refuse not vpon will , but vpon conscience ; not vpon contempt or despite of the power of bishops , but vpon reasonable cause , and without offence or slandering of their neighbours , to subscribe and vse the ceremonies , it is plaine by the same ecclesiastical law , that they ought to be respected and tolerated : propter multitudinem , vtique seuerit●ti detrahitur : supersedendum ergo correctioni , vbi pacis perturbatio timetur . item vt scandalum vitetur , lustos homines , aliquando simulare oportet , ob suam & aliorum salutem , vt scilicet grauiora vitentur . hoc ergo casu faciet quilibet praelatus , pro salute hominum , quod iustè potest ; nec vltra existimet , se habere , quod faciat , ne ad instar imperiti medici , vno collirio , omnium oculos curare conetur . and vnto this also agreeth , that which is alleadged by panormitane , in a case of the substraction of the fruits of an ecclesiasticall benefice , from a clarke , who by reason of sicknes and infirmitie , is vnable to discharge his cure . quilibet clericus : ( saith he ) dicitur miles dei , & militat in ecclesia : and therefore he concludeth that clerici non debent terreri , nec inhumaniter tractari , ne cum alij , exemple hui●smodi essent deterriti , inueniri forte non posset , qui vellet clericatui inseruire , & ecclesiae militare : hoc enim videtur turbare statum ecclesiasticum , nedum praesentem sed etiam suturum : and further ( saith he ) potest adduei haec ratio multum notabilis in argumentum , quod clericus , non debet priuari beneficio suo , sinc causa , etiam per romanum pontificem , nam existente infirmitate , & sic impotentia seruiendi , cum non subtrahi debeat beneficiam , ne ex hoc turbetur status ecclesiae , ergo multo fortius , vbi nulla subest causa rationabilis : but in the case of refusing to subscribe , or for the not vsing the rites , ceremonies and ornaments , for conscience , there is no reasonable cause of deprivation , therefore , &c. furthermore if the canon had decreed , that a minister refusing to subscribe , should bee punished by ecclesiasticall censure , in this case the peyne of deprivation , ought not to be inflicted , because by this clause ( ecclesiasticall censure ) is vnderstood interdiction , suspention a●d excommunication , which bee poenae multum fauorabiles , & in animarum remedium inductae ; and doeth not comprehend deposition , deprivation , or degradation , quia illae poenae sunt multum odiosae . lastly , were it so that the synod had indeed decreed , that a minister for refusall to subscribe , should be deprived from his ecclesiastical benefice : & were it so likewise , that a minister should indeed refuse , not vpon conscience , but vpon a selfe will , & dolo m●lo to subscribe , in this case i answere , that the minister can not lawfully for this offence , by this provinciall canon be deprived : the reason is this : beneficia ecclesiastica secundū antiquam ordinationem sunt perpetus , & habent fundationem ● lure communi , which ancient ordinances , being agreeable to the common law of the realme , & confirmed by the high court of parliament , can never be disanulled by the synode : quia non potest inferior disponere , nec contra ius commune , nec contra legem superioris , maximè in praeindicium tertij . considerations for the not exact and precise vse , of the booke of common prayer , attayned and gotten by the parishioners of m. for the minister to vse in the same parish church . it is provided and enacted , that the bookes concerning the said services , shal at the costs & charges of the parishioners of every parish , be attayned and gotten , &c. and that such parishes , where the saide bookes shal be attayned and gotten , &c. shall within three w●ckes , after the bookes so attayned and gotten , vse the said service , and put the same in vre according to this act : from whence it seemeth to follow , ( the minister not being commanded to attayne & get the said booke ) if the parishioners have not hitherto attayned and gotten the said booke , that the minister of the same parish , is not boūd to vse the said service , & put the same in vre , which is not attayned & gotten for him , to be vsed & invred . that the parishioners of the said parish church , have not hitherto attay ned & gottē the said book , semeth to be manifest vpō these cōsiderations : the booke which the minister of the same church is bound to vse , should differ from the booke of common prayer , authorised by act of parliament , . and . ed. . but in foure poyntes , that is to say : one of alteration , or addition of certeine lessons , to be vsed on every sunday in the yeare , an alteration & correctiō of the forme of the letany , and two sentences only added , in the delivery of the sacrament , to the cōmunicants , and none other , or otherwise . but in the booke attayned and gotten by the said parishioners , ther● be moe alterations , then are specified in the statute ; the forme of the letany is not corrected and altered , and moreover there is some detraction from the very matter of the booke , which detraction ought not to have bene made , and which is conteyned in this prayer following : from the tyrannie of the bishop of rome , and all his detestable enormities , good lord deliver vs. and as touching the forme of the letanie of k. edw. booke , whereas the same by the letter of the act , seemeth by the parliament , to have ben altered & corrected ( for the words stand thus , viz. altered & corrected , & not to be altered & corrected ) yet now so it is , that the same forme remaineth stil in the parish book vnaltered , & vncorrected . for the whole forme , order , and dispositiō of prayers , which is in the letanie of the parish book is the same forme , order & disposition of prayers which was in the letany of k. ed. book , except vnhappely we shall say , that the transposition and alteration of the prayer of chrysostom ( by the booke of k. edw. according to the nature of the letter of that prayer appointed to be read , last of all the prayers in the letanie ) is an alteration and correction of the forme of the letanie , when as notwithstanding the transposition and alteration of that prayer by the parish booke , appointed not to bee read last , but before sundrie other prayers , is rather a playne corruption , and not a correction , of that parte of the forme of the letanie : for this transposition is as if an husband-man , should set his cart before his horse ; or as an orator should place his cōclusion before his proheme . again it can not probably or reasonably be gathered , that the parliament mentioning an alteration & correction made of the forme of the letany , did intēd by the words ( forme of the letany altered & corrected ) that part of the matter of the letany was or should be altered & corrected . for the matter of that prayer was good , and without fault , & needed no alteration and correction at all , yea and had the parliamēt detracted or intended , that that prayer should be detracted out of the letany , and that by the detraction thereof , the forme of the letanie had ben altered and corrected , then would no doubt the parliament have spoken properly and plainly in this case , like as the same did in the other two cases , in this or the like maner , viz. one prayer against the tyrannie of the bishop of rome , and all his detestable enormities , detracted : in like sorte , i say , as it enacted , one alteration or addition of certeyne lessons to bee vsed on every sunday in the yeare , and two sentences only added in the delivery of the sacraments to the communicants : wherefore the parliament , in the excellencie of their iudgement & sharpnes of their wisdom , by th●se wordes ( forme altered and corrected ) necessarily implying , that the forme of the letany of king edwards booke , was faulty and corrupt , it can not by any reasonable construction bee gathered , that the parliament by forme of the letanie , did intend any part of the matter of the letanie , which was good and sincere . for if we speake properly , and not tropically , plainly , and not obscurely ; iudiciously , and not ridiculously ; ( as all statutes and all wise law-makers speak or ought to speak ) we can not say , that any parte of the matter of a thing , is the forme of a thing . for what a vanitie were it to call the matter of a loafe , the forme of a loase ? the matter of an house , the forme of an house ? or the matter of a man , the forme of a man ? much more vainly then needs must w● speake , if we call the matter of a mast of a ship , the forme of a ship ; the matter of the clapper of a bell , the forme of a bell ; or the matter of the whit of an egge , the forme of an egge . wherefore it can not otherwise be intended by the parliament , but that the faulty and corrupt forme , order , and disposition of prayers conteyned in the letany of king edwards booke , was , or at leastwise , should have bene corrected and altered into an holy & sincere forme , order , and disposition of prayers , and not to have continued still faulty and corrupted , as the same was in the beginning and first originall thereof . yea and that this indeed was the true meaninge of the parliament , is more fully confirmed vnto vs out of the doctrine of one of the homilies , commaunded publikely to bee read in the churches : for cōmon prayer ( saith the homilie ) is rehearsed and said by the publicke minister , in the name of the people & the whole multitude present , whervnto they giving their ready audience , should assent and say amen . but in the letany of the bo●ke attayned and gotten by the parishioners , the forme of prayers is not framed after this maner . for in some part of the letany the minister only repeateth some thing , for the which the people praye , and so it commeth to passe , that the people only praye , and not the minister : yea and so the minister supplieth the place of the people , and the people the place of the minister . agayne in some other partes of the letany , the minister prayeth for one thing , and the people following , pray for another ; by meanes whereof , the faultie and corrupt forme , order and disposition of prayers in the letany , disagreeable to the doctrine of the homilie , remayneth vnaltered and vncorrected , contrarie to the act of parliament and doctrine of the church of england . concerning addition and alteration specified in the act , there be divers and sundry other alterations , and some additions also , in the parish booke ; differing from the booke of king edward , in wel-nigh l. materiall poyntes . and for the vse of which pointes , if the kings iudges and iustices should as strictly and rigorously proceed , as the bb. have done , and yet doe , for the not vse of the su●plice & crosse , they might bring all the ministers of the church within danger of sixe monethes imprisonment , and of the losse of one yeares profite , of all their spirituall promotions to the king. for these words of the statute , that all and singular ministers , in any cathedrall or parish church , &c. be bound to say and vse the mattens , evensong , celebration of the lords supper , and administration of each of the sacramentes , and all their common and open prayer , in such order and forme as is mentioned in the said booke so authorized by parliament in the fifth & sixth yeeres of the raigne of king edward the sixth with one alteration , &c. and none other or otherwise : these wordes ( i say ) doe as exactly and precisely bind all ministers to vse the book of king edw. and none other or otherwise in all poyntes ( excepting the excepted ) as they binde anie ministers to vse the rites & ceremonies , mencioned in the said booke : but how can any minister vse that order of service , and none other or otherwise , which is appointed in the booke of fift and sixt edw. . ( excepting the excepted ) when as some other order of service ( exceptinge the excepted ) is concluded within the booke , provided by the parishioners ? and for the vse of which booke , rather then for refusall of the vs● of which booke , a minister is punishable by the statute . and to make the thing which we have in hand to be vndeniable , & without cavil : namely , that the booke provided by the parishioners , is not that booke , which is authorised by act of parliament : it is to be noted ( besides the alterations and additions specified in the statute ) that there is one great and mayne alteration , betweene the two bookes , of sundrie chapters , appointed to be read for the first lessons , at mattens , & evensong , vpon divers festivall dayes . which alteration also , it is evident , that the same was made generally , and for the most part from the better , to the worse , namely from the canonicall scriptures , to the apocriphall writings : from whole chapters , to peeces of chapters , and that as it seemeth not without fraud and collusiō to the queene & realm . the proofe of which alteration is apparantly scene by the severall kalenders , of both bookes . vnto which kalenders , for the first & second lessons , ( except the same be proper lessons ) at morning and evening prayer the minister is referred . for in a rubrick before te deum , at morning prayer , it is said : there shal be read two lessons distinctly with a loude voyce ; the first of the old testament , the second of the new , like as they be appointed by the kalender , except there be proper lessons assigned for that day . and in the order for evening prayer it is thus said : then a lesson of the old testament as is appointed likewise in the kalender , except there be proper lessons appointed for that day . and after magnificat : then a lesson of the new testament ; now these first and second lessons , whether they be proper or not proper lessons , assigned by the parish booke , that many of them doe vary from th● first and second lessons , appointed by the booke of . and . edw. . is plainly to be seene , not only by the kalenders of both bookes , but also by the order appointed for proper lessons : a paterne whereof at certeyne feast dayes followeth :   kalender of king edwards originall printed booke . kalender of the parishes printed booke . stevens day morning prayer . . lesson esa . morning prayer . . lesson . pro. evening prayer . lesson . esa . evening prayer . . lesson . eccle. . saint iohn . morning prayer . lesson . esa . morning prayer . lesson . eccle. . evening prayer . lesson . esa . evening prayer . lesson . eccle. . innocents . evening prayer . . lesson . esa . evening prayer . lesson . wisd . ● vpon the circumcision day both bookes agree saving that king edwa. readeth the whole . chapter of deuter. at evening prayer , and the parish booke but part : vpon the epiphanie , the chapters at morning and evening prayer , for first and second lesson by both bookes are the same . but the genealogie of our savior christ mencioned in the third of luke , by the kings booke is appointed to be read , whereas by the kalender and one rubricke in the parish booke , the same is appointed not to be read .   king edw. kalender . the parish bookes kalender . convers . of paule . morning prayer . lesson ge. morning prayer . lesson wisd . evening prayer . lesson gen. evening prayer . lesson wisd . purification of mary . morning prayer . lesson ex. morning prayer . lesson wisd . evening prayer . lesson exo. evening prayer . lesson wisd . mathias . morn . prayer . lesson num. morning prayer . lesson wis . even . prayer . lesson num evening prayer . lesson ecclus. annunciat . of mary . morning prayer . lesson jos . morning prayer . lesson ecclus. evening prayer . lesson jos . evening prayer . lesson ecclus. vpon monday and tewsday in easter weeke , vpon the ascension day and whitsunday king edwa. booke appointeth , no proper chapters , for the first lessons , but only proper chapters for the second lessons : and so referreth the minister for the first lessons on those dayes , to the chapters which by the common kalender are appointed to bee read vpon those dayes . whereas the parish booke appointed proper chapters aswell for the first as second lessons vpon all those dayes . vpon monday and tewsday in whitsunday weeke by the k. book , there be no proper chap. appointed for the first or secōd lesson at morning or evening prayer : whereas the parish book appointed vpon monday part of gene. . at morning prayer for the first lesson ; and for the second lesson corint . . and for the first lesson at evening prayer , of the same day , parte of the . of numbers . vpon tewsday in the same weeke , for the . lesson at morning prayer part of the . . kings , and for the first lesson at evening prayer deut. .   king edwa. kalender . the parish bookes kalender . marke . morn . prayer . lesson . k. morn . prayer . lesson ecclus. evening prayer . lesson . k. evening prayer . lesson ecclus. philip and iacob . morn . prayer . lesson . k. morn . prayer . lesson ecclus . evening prayer . lesson . k. evening prayer . lesson ecclus . barnabe . morn . prayer . lesson hest . morn . prayer . lesson ecclus . evening prayer . lesson hest . evening prayer . lesson ecclus .   king edw. kalender the parish bookes kalender . peter . morn . prayer . lesson iob. morning prayer . lesson ecclu. evening prayer . lesson job . evening prayer . lesson ecclu. iames. morn . prayer . lesson eccl . morning prayer . lesson ecclu. evening prayer . lesson eccle . evening prayer . lesson ecclu. bartholomew . morn . prayer . lesson ezek . morn . prayer . lesson ecclu. evening prayer . lesson ezek . evening prayer . lesson ecclu. matthew . morn . prayer . lesson micha . morning prayer . lesson ecclu. evening prayer . lesson nahu . evening prayer . lesson ecclu. michael . morn prayer . lesson zecha . morning prayer . lesson ecclu. evening prayer . lesson zecha . evening prayer . lesson ecclu. luke . morn . prayer . lesson iudu . morning prayer . lesson ecclu. evening prayer . lesson jud. evening prayer . lesson iob. simon and iude. morn prayer . lesson sapi. morn . prayer . lesson iob. . evening prayer . lesson sapi. evening prayer . lesson job . all saints . morni . prayer . lesson wisd . morn . prayer . lesson part of wis . evening prayer . lesson wisd . even . prayer . lesson part of wis . andrew . morni . prayer . lesson esai . morning prayer . lesson pro. evening prayer . lesson esai . evening prayer . lesson pro. thomas . morn . prayer . lesson esa . morning prayer . lesson pro. evening prayer . lesson esa . evening prayer . lesson pro. vnto these alterations there is one maine difference to be added and fitt in this place to be observed , cōcerning certaine dayes , wherein proper lessons are to bee read . for by the booke of king edw. it is said proper psalmes & lessons for divers feasts and dayes , but by the parish booke , the title is after an other maner . viz. lessons proper for holy dayes . from whence it followeth that all those dayes wherein proper lessons are to be read , are by that title accompted to be holy dayes : which is repugnant to a rubricke of the same booke , entituled : these to bee observed for holy dayes , and none other . out of which rubrick ( amongst a number of holy dayes there specified ) six dayes be secluded from being holy dayes ; for the which six dayes notwithstāding , proper lessons are appointed to be read , as vpon holy dayes : and these six dayes be the dayes following : viz. the day of the cōversion of paule , barnabes day , wensday and thursday before easter , goodfriday , and easter even . it seemeth therefore not to be so safe a matter , as men are borne in hand it is , for ministers absolutely to subscribe , that there is nothing in the whole booke of common prayer , repugnant to the holy worde of god , seeing there is so grosse and palpable a repugnancie in the booke it selfe . consentiet null● , qui secum dissidet ipse . vnto which repugnancie also may be added an other repugnancy more absurd . for besides the alterations and additions before specified , and not comprised in the statute , there is a rubrick added , which not only repugneth the booke of k. edward , but also crosseth the kalender , aswell of the parish booke it selfe , as of the booke of k. edward . by which rubrick also there is a detraction from the booke of k. edward , worse then the former of the letany . because this rubrick appointeth onely part of the first chapter of saint matthew , and part of the third chapter of saint luke to be read , whensoever by the kalender or booke , those chapters come to be read . whereas the kalender of both bookes appointeth the whole first chapter of saint matthew , & the whole third chapter of saint luke to be read vpon divers dayes in the yeare . as for example , both bookes on the first sunday after the nativitie , appoint the whole first chapter of saint matthew to be read for the gospell . which whole chapter also is appointed by the kalenders of both bookes , to be read for the second lesson of morning prayer on the second day of lanuary , the third of may , and the . of august . the like is to be observed by the kalenders , for the reading of the whole third chapter of saint luke , for the second lesson at morning prayer , vpon the . of february , the . of iune , and the . of october . but these chapters are no part of the booke of cōmon prayer , and by the preface before the second part of the homilies , a minister may for some chapters of the old testament , read some chapters of the new , as to him shall seeme to tend more to edification . by your leave , this your exception seemeth to be but an homelie , & frivoulous exception : for though the chapters bee no part of the booke of common prayer , yet be the chapters part of the matter of the common service of the church prescribed by the booke : yea and the formall and orderly reading of such and such chapters , at such & such times , is part also of the order and forme of saying the same service . insomuch as neither mattens nor evensong , in matter & forme can be song or said , without the chapters be read . and as for the preface to the homilies , that by the same the minister is at libertie to leaue some chapters of the old , for some chapters of the new testament , for first or second lesson , what doeth that helpe the falsification of the parish booke , when the same , in place of six and twentie , or thereabouts , of canonical , hath appointed so many of apocriphall chapters , vpon feast dayes to bee read ? or how can the preface exempt a minister from being punishable before the kinges iustices , if he shall follow some private preface , and breake the kings publike edict ? but both bookes agree in many pointes , and namely that the minister in baptisme shall make a crosse vpon the childes forehead , & shall say : we signe thee with the signe of the crosse , &c. and therefore how soever the bookes may differ in some moe pointes then are mentioned in the statute , yet cleane to disavow the book of common prayer provided by the parishioners , not to bee the booke of common prayer , which the ministers in their dayly minist●atiō are bound to vse , is but a cavill , and reproveth the whole state of prelacie and of the realme , who have received and vsed the same booke , ever since the first yeare of our late queenes raigne . king henrie the eight , writing to the emperour against the pope , telleth him , that a free man ignorant of his freedome , doth not therefore become a bondman , because ignorantly he submitteth him selfe to servitude ; no more ( say we ) is the state of the realme , lyable to reproofe , when having committed the ordering of these affayres to the fidelitie and circumspection of the clergie , it hath bene abused by the clergie . howsoever the state then of the realme have received and vsed the booke , attayned and gotten by the parishioners , it mattereth not to the point in question . for if the clergie vnwitting to the state , have caused or suffered a booke to bee printed and published , which hath but the shew of a booke , then ( as it seemeth ) hath the clergie no law , but the shewe of a law to enforce the vse of such a booke , as the state hath not authorized . and therefore we may not for clearing the clergies iust reproofe , confesse an vntrueth , and still conceale a kinde of iniustice ( vnwitting to the state ) executed by the cleargie , vnder a colour of iustice , as if their iniustice by colour of errour , were maintainable by the state : for so contrarie to all reason and good duetie , ( which we owe to the state and to the church ) we should not only interlace the innocencie of the state , with the guiltines of the cleargie , but also mingle the churches industrie , with the clergies ill husbandrie . it is therefore no cavill , to oppose a iust and true answere , to an vntrue and vnsound plea : for albeit the two bookes agree in many pointes , and specially in mencioning the making of a crosse , &c. nevertheles the parish booke , can not therefore any more truely be counted , that booke which is authorised by act of parliament , then can that coyne bee reckoned to be the kings coyne , which hath in it , nine partes silver , and the tenth part copper , nether is it any more lawfull for an ordinary , to presse the vse of a booke , in it selfe corrupted , though in many points it agree with the originall ; then it is sufferable for the kings iustices , to enforce the vse of a coyne in it selfe counterfeite , though in forme and charactere , it be like the kings image and superscription . wherefore the mencion made in the parish booke of making of a crosse , &c. not being a matter of power sufficient to warrant the parish booke ; but the booke authorised by act of parliament , being a matter of power to warrant the making of a crosse , &c. wee may iustly avow the booke of common prayer , attayned and gotten by the parishioners , not to bee that booke , which the ministers in their day he ministration of divine service , be bound to vse , notwithstanding the making of a crosse and signing the child in the forehead with a crosse , be therein mencioned : if reply bee made that this plea would but litle ease or advantage the ministers in case the right booke should be reviewed , corrected and new printed , we then reioyne and averre . first , that the day is past long since , before which time this worke should have bene refined , and that therefore it is now too late , without a new law , to reviewe and amend the same . secondly , that this plea will not only , but litle ease and advantage the nullities , iniquities and iniustices of sentences heretofore passed , by the ordinaries vnder colour of that booke , but also much advantage the king and his state , if his maiestie might bee pleased to do as king ioash , king of iudah , or as k. henry the eighth , king of england did : king ioash , in , or about the beginning of his raigne ( as it seemeth ) having appointed the priestes to take all the silver of dedicate thinges brought to the house of the lord , and therwith to repaire the broken places of the house , wheresoever any decay was found , and the priests vntill the three and twentith yeare of his raigne , not having mended , that which was decayed , nor repayred the ruines of the temple , the king ( i say ) because of the priests negligence , commanded the priests to receive no more money , and tooke from them the ordering of the money , and committed the same to his secretary , and to ieho●ada the high priest , who gaue the money made ready , into the hands of them that vndertooke the worke , and that had the oversight of the house of the lorde , of whom there was no reckoning taken , because they dealt faithfully . if the priestes then of our age , have not only not within three and twentie , but not within three and fortie yeares published that booke , which is mended and corrected by the queene & her state , in the first yeare of her raigne ; but also for the space of eight and fortie yeares , have suffered a corrupted booke , to be intruded into the place of a true booke , we commend it to the wisedome of our soveraigne lord king iames , ( who is as an angell of god to discerne betweene things that differ ) ( there being no high priest in our dayes like faithfull as was iehoiada the high priest in the dayes of king ioash ) whether his maiestie might not be pleased for the redresse of this and other corruptions in the ecclesiasticall state , to appoint as king henry the eighth did , an other cromwell , to be his maiesties vicegerent and vicare generall over the clergie . vnto these differences and alterations betwene the two bookes , not mencioned in the statute may be annexed , both an addition of certaine new prayers , and some alteration also of the forme of the old prayers to be said after the end of the letanie . by addition in the parish booke , there be set three severall prayers , not any one of them mencioned in the kings booke , viz. a prayer for our bishops & curates , beginning thus : almightie and everlasting god , which only workest great marveilles , send downe vpon our bishops and curats , &c. secondly , a prayer out of the . of corint . . . viz. the grace of our lord jesus christ , &c. and thirdly , a prayer beginning thus : o god whose nature and propertie is ever to have mercie , &c. and whereas by the forme of king edwards booke , the letanie should ever end with this collect following : viz. almightie god , which hast given vs grace at this time with one accord , &c. and so this collect should be after the prayers for rayne , for faire weather , in the time of dearth , in the time of warre , and in the time of any common plague , or sicknes , as the time requireth . this collect ( i say ) by king edw. booke appointed to be said after all these prayers , is by the parish booke set before all these . yea and it is to be said also , before the prayer beginning : o god whose nature & propertie is ever to have mercy . by meanes wherof the very forme and order of some prayers , appointed in the kings booke , and by the statute commaunded to be vsed , and none other , or otherwise is so transposed , and inverted , as that the minister observing the parish booke , can not but breake the order and forme of common prayer , commanded to be vsed , and so can not but cast his body , & one whole yeares fruites of his benefice , vpon the kings iudges , and iustices mercy . moreover , besides these additions and alterations , in the end of the letany of king edw. booke , there is one prayer inserted , which by the parish booke is wholy left out , namely : o god mercifull father , which in the time of heliseus , &c. lastly , at the latter end of the communion , in the kings book there is one rubrick concerning kneeling at the communion , which rubrick is not in the parish booke , & the same beginneth thus : although no order , &c. there is also one rubrick among those rubricks which are in the parish booke not to be found in the kinges booke , beginning thus : and in cathedrall or collegiat churches , &c. wherefore the parish booke , in so many and materiall poyntes , being thus grosly corrupted , and no one true original copie provided by the parishioners for the ministers to vse , it seemeth to be a very lamentable and wofull case ; that subscription to a feyned record should bee thus streightly vrged . and that so many learned , peynfull and godly ministers for refusing to subscribe , or precisely to vse an vnauthenticall scedule , should be grieved and molested . by what guyle , or by whose cunning so foule a stratageme , to the deluding of the queene , the lords , and commons in parliament assombled , was first wrought , we know not . neither have we any reason to charge any of the clergie now living , with so foule and grosse an abuse . because there is not one of the clergie , to our knowledge , living , that in the beginning of our late queenes raigne , had ought to medle in church-government , or survey of printing bookes . but this we may speake , and not speake ( as we thinke ) vntruly that some one guilfull priest , or other , vnwitting to the queene and state , yea and it may be vnwitting to the clergie too , was suffered to shoufle , and to set the cardes with the sleight of a false finger . for otherwise , it could not possibly have come to passe , that so many chapters of the apocryphall writings , should be conveyed into the parish booke , in steed of so many chapters of the true and authenticall scriptures , appointed by k. edw. booke ; especially the same chapters , in the parish booke , ( as it were of set purpose ) being ordered to be read , when all the people are solemnly assembled , togither vpon festivall dayes . wherefore these differences betweene these bookes being apparantlie true , and the statute having decreed , that the minister shal be bound to say , and vse the mattens , evensong , &c. in such order and forme , as is mencioned in the same booke of king edward , with such alterations and additions , as be mentioned in the act , & none other , or otherwise , and the parishioners not having atteyned and gotten the saide booke , it is a matter that worthily and necessarily requireth the consideration and resolution of the kings learned iudges and iustices : whether a minister by the letter of the statute be bound exactly and precisely to vse a booke atteyned and gotten by the parishioners , the same booke not being authorised by the letter of the statute ? and if not , then whether the minister by the letter of the statute , bee to loose and forfeite to the king , one yeares profit of all his spirituall benefices and promotions , and his body to suffer imprisonment by the space of six monethes , if he shall refuse to vse some part of a booke not authorised . for it semeth ( as yet ) to vs absurd , that a minister should bee vrged to vse such a booke , as for the vse whereof , hee hath no authoritie , or that he should be punished for refusing the vse of such a booke , as for the vse whereof , hee is by the law punishable . but be it graunted , that the very booke authorised , and none other is atteyned and gotten by the parishioners for the minister to vse ; then is it againe a matter carefully to be weighed , and for the ful contentation of the mindes of all persons to be resolved , by the iudges , what maner of fact is to be holden and adiudged by the letter of the statute , to be a breach of the statute , and for the which fact , a minister , before the kings iustices , is punishable in maner and forme expeessed in the act. for the better resolution of which question , it shall not be amisse to repeate in this place the first clause of the body of this statute . for in the clause of the repeale of the statute of queene mary , and reviving the booke of king edw. it is said ; that the laid booke shall stande and be in full force and effect , according to the tenor and effect of this statute , the tenor and effect of this statute then , is to bee noted , the wordes whereof are these : and further be it enacted by the queenes highnes , with the assent of the lords and commons in this present parliament assembled , and by authoritie of the same , that all and singular ministers in any cathedrall or parish church , &c. shall from , and after , &c. be bound to say and vse the mattens , even song , celebration of the lords supper , and administration of each of the sacramentes , and all their common and open prayer , in such order and forme , as is mentioned in the said booke so authorised by parliament , in the said fifth & sixth yeares of the raign of king edward the sixth , with one alteration or addition of certayne lessons to be vsed on every sunday in the yeare , and the forme of the letany altered and corrected , and two sentences only added , in the deliverie of the sacrament to the communicantes , and none other or otherwise . out of which clause one special poynt for the better vnderstanding of the whole tenor and effect of the statute is to be observed : namely , that the parliament hath wholy in this branch omitted , and not once mencioned the vse of any rites , or ceremonies , in saying and vsing the mattens , evensong , celebration of the lords supper , and administration of each of the sacramentes . so that vnlesse such rites and ceremonies , as be mentioned in the book of k. edw. the sixth , be respectively part of the order & forme of saying & vsing mattens , euensong , celebration of the lords supper , and administration of each of the sacramentes , &c. it can not bee denied , but that rites and ceremonies mencioned in that book , are secluded out , and not comprised within this branch ; and therefore not commanded by this branch to be vsed . the . branch of the body of this statute followeth in these words : and that if any maner parson , vicare , or other what soever minister , that ought or should sing or say common prayer mencioned in the said booke , or minister the sacramentes , &c. refuse to vse the said common prayers , or to minister the sacramentes , &c. as hee should vse to minister the same , in such order and forme , as they be mencioned and set forth in the said booke , or shall wilfully standing in the same , vse any other rite , ceremonie , order , forme or maner of celebrating of the lordes supper , openly or privily , or mattens , evensong , administration of the sacramentes , or other open prayers , then is mentioned and set foorth in the said booke , &c. or shall preach , declare , or speake any thing in the derogation or depraving of the said booke , &c. & shal be therof lawfully convicted , according to the lawes of this realme , &c. shall loose and forfeite to the queenes highnes , &c. for his first offence , the profite of all his spirituall benefices and promotions , comming and arising in one whole yeare next after his conviction . and also , that the parson so convicted , shall for the same offence suffer imprisonment for the space of sixe monethes , without bayle or mainprise . now by the letter of this branch , it can not be denied , but that foure severall kindes of offences mencioned in the same , by what soever minister , they shal be committed , are every of them punishable alike , by one and the self same maner of peyne , notwithstanding the offences seeme to be of divers natures . one consisting in the refusall of the vse of common prayer ; an other in the refusall of the administration of the sacramentes , in such order and forme , as they be mencioned and set foorth in the said booke . a third vpon a wilfull and obstinate standing in the same , in vsing some other rite or ceremonie , then is mencioned and set foorth in the said booke . and a fourth in speaking against , or depraving the booke , or any part thereof . as for the which speaking against , or depraving the booke , the letter of the statute seemeth to bee so playne , as that no maner scruple can be moved , what the minde & intendement of the parliament was , about the speakers against , or depravers thereof . but touching the offence of a ministers refusing to vse the said cōmon prayers , and of his refusing to minister the sacramentes in such order and forme as they be mencioned , & set forth in the said booke , and wilfully & obstinately standing in the same , of his vsing any other rite or ceremonie , then is mencioned , &c. these queres following , reallie and properly arise from the letter of the foresaide two former branches . for seeing there is no mention at all made of rites and ceremonies , in the former branch , and seeing also there is no punishment by the second branch , mencioned to be inflicted vpon a minister for the refusall of the vse of rites and ceremonies , but onely vpon a wilfull and obstinate standing in the same , for the vse of other rites and ceremonies , then are mentioned and set foorth in the saide booke , it seemeth doubtfull and questionable . first quaere . whether a minister conscionably refusing to vse some of the rites and ceremonies mencioned and set forth in the saide booke , be punishable before the kings iustices , in maner and forme before expressed , vnles wilfully & obstinately standing in the same , hee shall vse any other rite or ceremonie , then is mencioned , &c. second quaere . if a minister that is bound to minister the sacrament of batisme , doe not refuse to minister the same sacrament , in such order and forme as is mencioned & set forth in the said booke , but shall in very deed and trueth minister the same sacrament in such order and forme , as is mencioned and set foorth in the said booke ; whether the same minister bee punishable before the kings iustices in maner and forme before expressed , for not making a crosse , or not signing the childe in the forehead with a crosse , after the sacrament of baptisme is fully and perfectly ministred ? for so this sacrament bee ministred in such order and forme , and with such rites and ceremonies preceeding baptisme , as be mencioned in the said booke , and none other rite or ceremony , with wilful obstinacie be vsed in the ministration of baptisme , it seemeth cleere by the letter and sense of the statute , that the minister is not punishable , before the kings iustices , by the peyne of imprisonment , &c. for omission of the crosse after baptisme . for this fact ( of not crossing after baptisme ) not being within the letter of the statute , it is absurd to say that the same fact should be punishable by the law , when as the same fact is not within but without the compasse , scope and letter of the law . that this omission of crossing , is an omission after the ministration of baptisme , and not an omission of the order & forme mencioned to bee in the ministration of baptisme , is made cleere vnto vs , by the decree of all the lordes spirituall , and clergie , by the kings confirmation , vnder the great seale of england , & by the opinion of some great lawyers & iudges , published in open seates of iustice . for this hath ben decreed , confirmed and published that the making of a crosse , and signing the childe in the forehead with a crosse , is no parte of the sacrament of baptisme ; and that baptisme is fully and perfectlie ministred , without these rites and ceremonies . this case then of the omission of the crosse after baptisme , being most cleere by such a cloud of witnesses , that the same is not an omission of that order and forme appointed to be in the ministration of baptisme , it seemeth to be a thing most cleere , that a minister by the letter of the statute , is no more punishable before the kings iustices , for omission of the crosse after baptisme , then is any person by the letter of the statute of queene mary punishable by the kings iustices , for maliciouslie or contemptuously molesting , letting , vexing , or troubling , or by any other vnlawful wayes or meanes disquieting , or misvsing any preacher , not in , but after his sermon , preaching or collation . third quaere . whether a minister that ought or should say common prayer in any parish church , bee punishable before the kings iustices , in maner and forme before expressed , if he shall not refuse to vse all , but shall vse some of the said common prayers , in such order and forme , as they be mencioned , and set forth in the said booke ? for it is not said in this clause ; if he refuse to vse all , or any of the said prayers , but it is saide , if the minister that ought to singe or say common prayer mencioned in the same booke , refuse to vse the said common prayers , &c. if then he observe the order and forme of the booke , by saying some of the prayers , in that order and forme as they bee mencioned in the booke , though hee say not all and singuler the prayers , it seemeth by the letter of the statute that he is not punishable , before the kings iustices : indeed if the booke had appointed , but two prayers onely , as it hath appointed but two sacraments only , and the minister in this case should haue refused to say one prayer , and only have said the other prayer ; in this case it seemeth to be without all controversie , that hee should have violated the law , because the letter of the law sayth , if he shall refuse to vse the said common prayers , which word prayers being of the plurall nomber , must conteyne two prayers at the least . fourth quaere . whether a minister that ought or should vse the rites and ceremonies , mencioned in the said booke of common prayer , be punishable before the kings iustices , in maner & forme before expressed , if he shall not refuse to vse all but shall vse some of the said rites and ceremonies , in such order & forme as they be mencioned and set forth in the said booke ? for it is not enacted , that the minister shall vse all and every the said rites & ceremonies , or if he shall refuse to vse any of the saide rites and ceremonies , but it is said , or shall wilfully and obstinately standing in the same , vse any other rite , ceremonie , order , forme , or maner , &c. by which letter of the statute , it seemeth that the minister is none otherwise punishable before the kings iustices , vnlesse wilfully and obstinately standing in the same , hee shall vse some other rite , ceremonie , order , forme or maner of celebrating the lords supper , then is mencioned , &c. and vpon this clause ( as hath bene heretofore generally conceaved ) certaine inditements , exactly framed even by some iustices of assises sitting vpon the bench , against certaine ministers , for the not observation of the booke , before other of the queenes iustices haue ben traversed and avoyded , as being in this point erroneous , and not agreeable to the intendement of the statute . yea and it hath bene the opinion of some great lawyers , who have bene since iudges , that it is almost impossible to frame an indightement against a minister , for the breach of the first parte of the former clause of the statute , which is not traversable and avoydable . fift quaere . if a minister bound to say common prayer in any parish church , shall not refuse to vse , but indeed shall vse the said common prayers , in such order and forme as they bee mencioned in the said booke , whether he be punishable before the kings iustices , in maner and forme before expressed , if he refuse to say any part , chapter or section , of the said booke , which part , chapter of section conteyneth no prayer . for howsoever the whole booke be authorised , yet the peyne seemeth in this case to have bene inflicted , only for the omission of prayer , and not for the omission of every part , chapter or section of the booke . besides these questions and their reasons there bee other reasons to induce vs , to be of opinion that a minister before the kings iustices is not punishable in maner and forme , above expressed , for his refusing to vse all and every prayer , and prayers ; rite , and rites ; ceremonie , and ceremonies ; section , and sections , in such order and forme as they bee mencioned and set forth in the said booke . in the preface to the booke it is confessed , that nothing can almost so plainly be set forth , but that doubts may arise in the vse and practising of the same , and therefore for the appeasing of all such diversi●ie , and for the resolution of all doubts concerning the maner how to vnderstand , doe , and execute the things conteyned in the booke , it is provided that the parties that so doubt , or diversly take any thing , shalresort to the bishop of the diocesse , who by his discretion shall take order for the quieting and appeasing of the same , so that the same order be not contrarie to any thing , contained in the said booke . and in the two last clauses of the preface , it is said , that all priestes and deacons shall be bound to say daylie the morning & evening prayer , either privately or openly , except they be lett by preaching , studying of divinitie , or by some other vrgent cause . and that the curate that ministreth in any parish church or chappell , being at home , and not otherwise reasonably lett , shall say the same in the parish church or chappell , where hee ministreth . from which places of the preface , ( being part of the booke ) it is plainly to be gathered , that the intent and meaning of the parliament was not to have the ministers to be punished before the kings iustices , in maner and forme before expressed , for refusing to vse all , and singuler the prayers , rites , ceremonies and sections , in such order & forme as they be mencioned in the said booke , if either vpon the ministers doubts rysing in the vse and practise of these things , the bishop by his discretion did not take order for the quieting and appeasing of the same ; or if the minister by preaching the word , studying of divinitie , or by some other vrgent or reasonable cause , were let so to doe . and if no minister , in any of the cases before mēcioned , be punishable , by the kings iustices in maner and forme aboue expressed , then it is manifest by the provisoes following , that the archbishops and bishops have no power and authoritie , by vertue of this act , to inquire and punish the default of any minister , in these cases , by admonition , excommunication , sequestration , or deprivation . and this not onely by the letter of the last provisoe , ordeyned for corroboration of the archbishops , bishopps , and other ordinaries power and authoritie , but also by the provisoe next and immediately following that provisoe , is a matter most cleere and vndeniable . provided alwayes , and be it enasted , &c. that all and singular archbishops and bishops , &c. shall have full power and authoritie , by vertue of this act , aswell to inquire in their visitation , synodes , &c. to take accusations , and informations , of all and every the thinges above mentioned , done , committed or perpetrated , within the limites of their jurisdictions , &c. and to punish the same by admonition , excommunication , sequestration , or deprivation , &c. if then a minister shall not doe , commit , or perpetrate any of the things above mencioned , and so not be punishable by the kings iustices , it followeth that the same minister is not punishable by the ordinarie . and this also by the next provisoe is more playne , by which it is enacted : that what soever person offending in the premises , shall for his offence first receyne punishment of the orainarie , shall not for the same offence est soones be convicted before the lustices ; and likewise receyving for the said first offence punishment by the iustices , he shall not for the same offence est soones receyve punishment of the ordinarle : no offence then punishable before the iustices , no offence punishable by the ordinarie . from all which premises it seemeth that the queene , the lords and commons , never intended to impose such an exact and precise observation of the booke of common prayer vpon the ministers , as that in no place , nor at any tyme , they should omitt the reading , saying , or vsing of a chapter , a prayer , a section , a rite or ceremonie , vpon peyne of imprisonment , &c. before the queenes iustices , or vppon peyne of deprivation before the ordinary . and therefore the intent of the parliament , not beeing so much to binde the minister to such an exact and precise observation , as to seclude all orders and formes of prayers , ministration of sacramentes , vse of rites and ceremonies , not mentioned and set forth in the saide booke , it seemeth very vnreasonable , and much derogatorie to the authoritie of that parliament , that archbishoppes and bishoppes , who were all secluded from that parliament , should by their extentions , constructions , and interpretations ( as it were ) invert the playne meaning of the parliament , and that , ea qua sunt destinata in vnum sinem , should by them bee converted to an other end . but now if the archbishops and bishops ( at the abandoning of the popes power out of the realme ) have ( as we confesse they had ) an ordinarie iurisdiction by the statutes of the realme , reserved to their arch●episcopall and episcopall seas , shall therevpon thinke , that lawfully by their ordinary iurisdiction onely ( without regard of any authoritie graunted vnto them by the statute ) they may proceed ex officio , to punish these defaultes , then we pray their lordships to resolve vs , by what law , besides this statute , they may so proceed . first , this booke before . and . of edward the sixth , was never alive , and being once dead by the statute of queene mary , was but restored to life by the queenes statute of reviver . before this statute thē was revived , these offences were no offences , for where no lawe was , there could be no offence . besides , we have some reason to conceave thus well of the ordinaries , that they should be more prudent & discreete , then to iustifie their criminall processe ex officio , by a plenarie power , or a soveraigne pleasure . and to say , that ex officio , by vertue of the popish canon law they may lawfully proceed to suspension , excommunication , or deprivatiō of any minister of the gospell , for the not observation of the booke of common prayer , we assure our selves , that so to say , were to say amisse , yea and more then ever they will be able to proove . first , the whole forme & order of common service , administration of sacramentes , vse of rites and ceremonies , as they be mencioned and set forth in the booke of common prayer , by all the groundes & rules of that popish law , is adiudged to be erroneous , scismaticall and hereticall . and therefore the refusing to vse the same booke , or any parte thereof , is so farre from being punishable by the same law , as by the same law , it is a matter worthy of high prayse , and commendation for a minister to refuse to vse it . againe , what a vaine part were it , for an ordinarie to plead the popish canon law , for the validitie of his proceding ex officio , when as the whole body and every title , chapter and versicle of the same law , at the petition and submission of the clergie hath long since bene for ever adnulled , made voide and of no value , by an act of parliament ? in regard whereof , and in regard also , that every ordinaries processe ex officio , may be aswell iustifiable in respect of him selfe , as aequall toward the kings subiects , it much every way importeth him , that his proceedings ex officio , be tempered hereafter with better morter , and grounded vpon a surer foundation , then be the maximes & principles of that law . namely it behooveth that they bee founded and established vpon the kings , either ecclesiasticall or temporall lawes and statutes , of which sorte of the kings lawes we may bouldly and honestly say , that the popish and foraine canon law is none : which saying also of ours we briefly proove thus : the clergie of the realme , aswell for their successors , as for themselves , having ( like humble and obedient subiects to the king ) promised in verbo sacerdotij , that they would , never from thence forth , presume to attempt , alleage , claime or put in vre , or enact , promulge or execute any new canons , costitutions or ordinances , provinciall or other , &c. it was enacted by authoritie of parliament , according to the said submission and petition of the clergie , that neither they , nor any of them from thence forth should presume to attempt , alleadge , claime or put in vre any constitutions or ordinances provinciall or sinodalls , or any other canons . all canons then ( by these wordes or any other canons ) of what sort or degree soever , whether domesticall and homebread or strangbread and foraine canons , before that time made , were once vtterly forbidden to be attempted , alleadged , claimed or put in vre , by which meanes they were once , concerning their practise and execution , with vs adnulled and made void , and therefore so many of them , as at that time were not , or since that time have not bene revived and reauthorized , ought not to be attempted , alleadged , claymed or put in vre at this day . it remaineth then to be discussed , what canons , constitutions , ordinances provinciall or synodall , or what other canons , were at that time , or have at any time sithence bene recommanded , & reestablished ; vnto which point from the whole scope & plaine letter of the statute , we answere , that only such canons , constitutions and ordinances provinciall or synodall , may be attempted , alleadged , claimed and put in vre , as were made before that time , by the clergie within the realm , & were not contrariant nor repugnant to the lawes , statuts and customes of the realme , nor to the domage or hurt of the kings prerogative royall . and that therefore all canons , decrees , decretall , sextes , clementines , extravagants and all other whatsoever constitutions and ordinances , papall , being strangers and aliens from the common wealth of england , and not begotten by the clergie within the realme , are forbidden at this day to be attempted , alleadged , claimed or put in vre : the reasons of which our answere drawne from the letter of the statute , be these : the parliament having enacted , as before is mencioned , did neverthelesse ( according to an other branch of the petition of the clergie ) not only give to the king & . persons , by him to be nominated , &c. power and authoritie to viewe , search and examine the said constitutions and ordinances provinciall and synodall , before that time made by the clergie of this realme ; but also enacted , that such of them , as the kings highnes and the said . persons should deeme & adiudge worthy to be continued and kept , should be from thence forth kept , obeyed and executed within this realme ; all canons then made before that time , without the realme , being secluded by the parliament , from the view , search and examination of the king and . persons , though he and they had deemed and adiudged the said canons to have bene continued , kept , and obeyed : yet notwithstanding the same canons ought not to have bene kept , obeyed and executed . for only such canons , by the king and . persons , ought to have ben deemed & adiudged worthie to be continued & kept ; for the continuance and keeping wherof , power & authoritie by parliament was given to the king and . persons . but such canons , constitutions and ordinances , provinciall or sinodall only , and not papall , were committed , &c. therefore papall being once disclaymed , and disauthorised by parliament , and not againe committed by parliament , to view , search and examination , were never by intendement of parliament , to bee continewed , kept and obeyed within this realme . and this againe most pregnantly is confirmed vnto vs by the last provisoe of this act , the wordes whereof are these : provided also that such canons , constitutions , ordinances , and synodalls provinciall being already made , which be not contrariant or repugnant to the lawes , statutes and customes of the realme , nor to the domage or hurt of the kings prerogative royall , shall now still be vsed and executed as they were before the making of this act , till such time as they be viewed , searched or otherwise ordered and determined by the said . persons , or the more part of them , according to the tenor and effect of this act : now by what other words , then by these of this provisoe , could the parliament more fully and clearly have expressed their mind , that the same , by the tenor and effect of this provisoe intended for ever wholy to seclude all papall and foraine canons , from being vsed and executed within this realme ? for at the petition and submission of the clergie , the parliament having first enacted , that neither they , nor any of them from thencefoorth , should presume to attempt , alleadge , clayme , or put in vre any constitutions o● ordinances provincionall , or synodalles , or any other canons : and againe , at the petition and submission of the clergie , the same parliament having committed to the view , search ; examination and iudgement of the king ; and . persons , such canons , constitutions , and ordinances , or the said canons , constitutions , and ordinances provinciall and synodall , which as thertofore had bene made by the clergie of this realme : and lastlie by this proviso , the same parliament having enacted , that such canons provinciall , constitutions provinciall , ordinances provinciall , & synodalls provinciall ( for the word provinciall by the whole tenor and effect of this act , can not in this place but have reference to everie of these wordes ) shall still be vsed and executed , &c. till such tyme as they be viewed , searched , or otherwise ordered and determined by the said two & thirtie persons , &c. seeing these things ( i say ) be thus , first submitted , then afterwards committed , and lastly provided , and not one word , sillable , or lotter ayming at the continuance , vse , keeping , or obedience of the popish canon law , it can not bee averred by any , vnlesse he be too too conceited , & opiniative , that the canon law or any part thereof , made by the pope without the realme , may lawfully at this day be attempted , alleadged , claymed , or put in vre within the realme , by any iudge ecclesiasticall what soever : yea and thus much also is confirmed by a statute . h. . c. . howsoever therefore the kings of england , deryving their ecclesiasticall lawes from others , being proved , approved and allowed hereby and with a generall consent , are rightly and aptly called the kings ecclesiasticall lawes of englande in like maner as those lawes which the normans borrowed from england , were called the lawes of normandie , and as those lawes which the romans fetching from athens , being allowed and approved by that state , were called ius ciuile romanorum , howsoever i say this be true , nevertheles herevpon it will not follow that those ecclesiasticall lawes thus borrowed and derived from others , may then any more rightly and aptly be called the kings ecclesiasticall lawes of englande , when once by and with a generall consent in parliament , they have bene disproved and disallowed ; yea and when also they have bene vtterly adnulled , and commanded never to be put in execution within the realme of england : from whence it seemeth to follow , that whatsoever subiect shall take vpon him , full and plenarie power to deliver iustice in any cause to any the kinges subiects , or to punish any crime and offence within the kings dominions by vertue of those lawes , once by so absolute & high an authoritie disanulled , that the same person denyeth the parliament , to have full power to allow and disalow lawes in all causes , to all the kinges subiects , and consequently , that the high court of parliament , is not a compleat court for the whole and intyre body of the realme . wherefore , albeit we graunt ( as the trueth of the kings law is ) vnto the archbishops , bishops , & other ordinaries , that lawfully they may proceede to inquire in their visitations and synodes , and els where , to take accusations and informations of all and every thing and things above mencioned , done , committed , and perpetrated within the limites of their iurisdictions and authoritie , and to punish the same by admonition , suspension , sequestration , or deptivation , though thus much had never bene provided by the statute : nevertheles we desire to be resolved , whether any minister ought to bee punished by these , or any other censures and processe , before the ordinarie , for any offence mencioned in this act , if for the same offence the same minister , by vertue of this act , be not punishable before the kings iustices ? and therefore for example sake , put this case , viz. that a minister for the not crossing of a childe vpon the forehead ( after baptisme is fully administred ) be indighted before some of the kings iustices , and afterward vpon a traverse before some other of the kings iustices , the same minister be found to have ministred the same sacrament of baptisme , in such order and forme , as in the booke is prescribed . notwithstanding the omission of this ceremonie , after baptisme , and that vpon such a traverse , the indightment , before the said second iustices , be found to be vnsufficient in law , and the minister by the same iustices be adiudged not to be in danger of the penaltie of imprisonment , &c. because his such not crossing is no offence against the law , we demand ( we say ) in this case , whether the same minister , by the bishops of the diocesse , may be suspended , or deprived from his ministerie , or from his benefice for the same his not crossing , yea or no. considerations against the deprivation of a minister , for the not vse of a surplice in divine service . in the whole body of the statute , there is not one syllable or letter , frō the which any semblance of reason can be deduced , that any minister of the church , for refusing to vse , or for the not vsing of any ornament appointed by the statute , or by the book to bee in vse , should be punished with the peyne of deprivatiō . for what soever punishment a minister , for the breach of the statute , may sustayne , by the kings iustices , the same is only to be imposed for such offences , as are specified before the last provisoe of the statute . ornamentes therfore of the church provided to be reteyned , and to be in vse , being not cōteyned in those premises , or things mencioned before the second provisoe , concerning the archbishops and bishops authoritie , and for refusing whereof , a minister , by the premises is punishable , it followeth ( there being no punishmēt for refusing the vse of ornaments in the last provisoe ) that the not vse of ornamentes , is not punishable before the kings iustices . and if there be no punishment appointed to be inflicted before the kings iustices for the refusing to vse any ornament , thē much lesse is there any punishment to be inflicted for the refusall of the vse of a surplice . for the surplice is so farre from being commanded to be worne , as an ornament , in every service of the church , as the same is not so much as once particularly mencioned , either in the parish booke , or in the statute . nay by the generall wordes , both of the statute and the booke , the surplice is wholy secluded from being appointed to be an ornament of it selfe , in some part of the service of the church . for if with the same in some part of the service there be not a cope provided to bee worne , the surplice may not be worne . for the better manifestation whereof , it is necessary that we set downe the wordes of the statute , of the parish booke , and of the booke of the second of k. edw. the sixth : vnto which booke of king edward , for the vse of ornaments , the ministers be referred , both by the parish booke & statute of . eliza. c. . the wordes of which statute are these : provided alwayes and be it enacted , that such ornamentes of the church , and of the ministers shall be retayned and be in vse as was in the church of england , by authoritie of parliament , in the second yeare of the raigne of king edward the . vntill other order shal be therein taken by authoritie of the queenes matestie , with the advise of her commissioners , appointed and authorised vnder the great seale of england , for causes ecclesiasticall , or of the metropolitane of this realme . thus farre the statute : the wordes of the parish booke follow : it is to be noted , that the minister at the time of the communion and other times in his ministration shall vse such ornamentes in the church , as were in vse by authoritie of parliament , in the second yeare of king edw. the sixth , according to the act of parliament , in that case enacted and provided . the wordes of which booke of the second of king edward , are these : vpon the day and at the time appointed , for the ministration of the holy communion , the priest that shall execute the holy ministerie , shall put vpon him the vesture appointed for that ministration , that is to say , a white albe playne , with a vestiment or cope : afterward it is said thus : vpon wensdayes and fridayes the english letany shal be said or song , &c. and though there he none to communicate with the priest , yet those dayes ( after the let any ended ) the priest shall put vpon him a playne albe , or surplice , with a cope , and say all things at the altar , &c. from all which places it is plaine , first , that no minister , at any time vpon wensdayes and fridayes , after the letany ended , was bound simplie to weare a surplice at the altare , for it was in his choyse , to put vpon him a playne albe or surplice , with a cope . secondly , that no priest vpon the day and at the time appointed for the ministration of the holy communion , might put vpon him a surplice , but only a white albe playne , with a vestiment or cope . thirdly , that no minister vpon wensdayes and fridayes , when hee read the letany , did weare , or was bound to weare an albe , or surplice and cope . for it had bene in vayne and a thing ridiculouse for the booke to have willed the minister , after the letany ended , to put vpon him those ornamentes , if in the time of reading the letany , hee had had them vpon his backe . fourthly , that no minister at or in any of the times & services aforesaid , is bound to put vpō him a surplice , vnlesse therewithall he weare a cope . for the vse of ornamentes ought to be according to the act of parliament . and therefore where no cope , there by the act no surplice : where no altar to goo vnto after the letany ended , there no surplice to be put on after the letany : where a communion with a white albe plaine , & a vestiment or cope , there a cōmunion without a surplice . there is yet one other speciall observation before touched , though for an other purpose , worthy to be reiterated in this place against the vse of the surplice at the communion , reading the letany , and saying prayers at the altar . and that is this : namely for that as well the statute . eliza. as the parish booke hath revived and commaunded the vse of those ornamentes , according to the act of parliament , . edw. . which were repealed and forbidden by the booke of the . and . of king edward the sixth . it is to be noted , saith the booke of . and . of king edw. . that the minister , at the time of the communion , and all other times , in his ministration shall vse neither albe , vestiment nor cope , but being an archbishop or bishop , he shall have and weare a rochet , and being a priest or deacon , he shall have and weare a surplice only . and here it is to be noted ( sayeth the parish booke ) that the minister at the time of the communion , and at all other tymes , in his ministration , shall vse such ornamentes in the church as were in vse by authoritie of parliament in the . yeare of the reigne of king edw. the . according to the act of parliament in that case made and provided , which were as the booke of k. edw. saith , an albe with a vestiment or cope , at the communion , and an albe or surplice with a cope , vpon wensdayes and fridayes after the letany ended . but by the provinciall constitutions , ratified and confirmed by act of parliament , the parishioners are enioyned , at their costes and charges , to provide a surplice , and in vayne were this charge layde vpon them , if so be the minister were not bound by the law to weare it . it is true , and can not be denied , that all parishioners are enioyned , and that every masse-priest is bound by the provincials , the one sorte , to provide , the other to weare a surplice , for and at the celebration of the masse , and for and in the vse of other popish services . the reason of the vse of which surplice , by the popish glosers and provincials , is yeelded to be this ; that the priest must be clothed with white , to signifie his innocencie and puritie , and also ob reverentiam & salvatoris nostri & totius caelestis curiae , quam sacramento altaris consiciendo & confecto non est dubium interesse . but how doeth it follow , either from the provincall , or reason of the provinciall , that a minister of the gospell is bound by the provinciall to weare a surplice at the ministration of the word and sacraments of the gospell , when the doctrine and service of the gospell is contrarie and repugnant to the service and doctrine of the masse ? and when by the statute the provinciall is not to be vsed and executed , but as it was vsed and executed before the making of the statute , which was anno . of king henry the eight , at what time the service of the masse , called the sacrament of the altar , was only in request . a minister therefore of the gospell , by the provinciall is no more bound to weare a surplice , then by the provincials & other lawes of the realme , he is bound to say a masse : for the provinciall appointeth a surplice to bee worne at the masse and other idolatrous services , all which services and which masse ( as being blasphemous to the sacrifice of our saviour christ once made vpon the crosse , & repugnant to the holy worship of god ) is abrogated by the lawes of the realme . now then it were to bee wished that all states were given to vnderstand , by what equitie , law or good conscience grounded vpon the said statute , bookes or provincials , sundry grave , learned and godly pastors and other ministers , for sundry yeares passed , have bene deprived , suspended or excommunicated from their benefices , dignities , promotions and ministeries , for not vsing the surplice ? if the archbishops , bishops and other ordinaries , have heretofore proceeded lawfully in this case , by any other right then statute lawe , it were greatly to be wished , & a thing tending every way to their honor , credite and reputation , that the same their iustice were made publikely knowne , to the end all maner persons and states ; might rest them selves fully satisfied and well perswaded of the integritie of such their proceedings , as wherof they now stand in doubt . for our partes we acknowledge , that the queenes highnes had authoritie by the statute with the advise of her commissioners , &c. or metropolitane , to take other order for ornamentes . but wee never yet vnderstood , that any other order was taken accordingly : and especiallie in any such sorte , as that the archbishops , bishops & other ordinaries might warrant their sentences of deprivation to be lawfull against the ministers , which refuse to vse the surplice . by the advertisements wherevpon ( as it seemeth ) they did principally rely , and by authoritie whereof they did chiefly proceed , it is apparant that neither the letter , nor intendement of the statute ( for the alteration of ornamentes ) was observed : and that therefore the commaundement of wearing a surplice in steed of a white albe playne , by the advertissementes , was not duely made . for though by her highnes letters it doth appeare , that she was desirous , as the preface to the advertisemēts importeth , to have advise from the metropolitane & cōmissioners , that she might take order ; nevertheles that her highnes , by her authority , with their advise , did take order & alter the ornamēts : this ( i say ) doth no where appeare , no not by the advertisements them selves . howsoever then the metropolitane vpon the queenes mandative letters , that some orders might be taken , had conference and communication , and at the last , by assent , and consent of the ecclesiasticall commissioners , did think such orders as were specified in the advertisements , meete and convenient to be vsed and followed : neverthelesse , all this proveth not that these orders were taken by her maiesties authoritie . for the metropolitane and commissioners , might thinke , agree and subscribe , that the advertisementes were meete and convenient , and yet might these advertisements be never of any valew , as wherevnto her highnes authoritie was never yeelded . but be it graunted that the surplice by the advertisements , or other canons , hath bene duely authorized , yet herevpon it can not bee concluded , that an ordinary by his ordinarie iurisdiction , hath power to deprive a minister from his benefice for not vsing a surplice . vbi non sertur in contra facientes aliqua poena , constitutio est imperfecta , & modicum prodesse poterit , quoad contra facientes , there being thē no peine mencioned in the advertisementes to bee imposed vpon a minister for the not vse of a surplice , how should a minister for the not vse of a surplice , suffer the losse of his benefice , which is one of the greatest peynes ? herevnto happily it wil be answered , that vbi certa poena statuta est , non debet iudex ab ea recedere , vbi vero non est statuta , tunc est imponenda ad arbitrium iudicantis . and further , that , respectu poenae infligendae proper contemptum iudicis ; non reperitur provisio regulariter , à lege facta , & ideo judex potest arbitrio suo poenam imponere . touching which answeres it may brieflie be replyed , that the peyne spoken of in the civil law , is generally vnderstoode of a pecuniarie peyne , to be assessed and applied to the silke ; or more specially , it may be vnderstood , that among many corporall peynes , the iudge arbitrarily may choose which shall seeme to him most modicinable . now , these kinde of peynes , it is manifest , that neither of them by the ordinarie iurisdiction ecclesiasticall , in the church of england , can be imposed for contempt . and as for that which to the same effect may bee alleadged , out of the forein canonistes or forein canon law , thus standeth the case : the whole plott & frame of the building of the canon law ( as before hath bene proved ) is cleane ruinated and wasted . from whence it followeth , that all the posts , sommers , walles , plates , rafters , and roofe of that pallace , with all the yron , leaden and wooden implementes , and vtensilles thereof , be all likewise rotten and naught , else but drosse & canker . and so from the nullitie thereof , it is to be inferred , that an ordinary can not defend or practise his ordinarie iurisdiction by that law , against any of the kings subiectes . for all strange and forein law , is both a strange power , and a forein traytor to the kings crowne , and for that cause , can not be pleaded in any of the kinges ecclesiasticall courtes , without being in danger of loosing her head . howsoever then this rule , in the romish consistories , by the romish law , be true that an ordinarie for inobedience or contempt , may impose an arbitrary peyne , where a statute or constitution hath appointed no peyne : yet because this rule is an irregular enimy to the regiment of the kings crowne , it seemeth that the kings subiect is wronged whensoever an ecclesiasticall ordinary , for contempt , shal impose arbitrarily , any peyne , for the which peyne he hath not expresse warrant from the kings ecclesiasticall law . besides , if the romish canon law , were the kings ecclesiasticall law , yet doth not the former exception prove , that a parson or vicare , may be deprived from his benefice , by the ordinaries iurisdiction , for the not vse of a surplice ; only the said exceptiō affordeth thus much : viz. that if an ordinarie iudicially and canonically ( as they call it ) according to the sanctions , not of the english , but of the romish church , have admonished a minister to weare a surplice , the exception ( i say ) affordeth in this case thus much , that his ordinary for contempt may impose an arbitrary peyne , if so be nether by common right , nor by constitutiue law , there be an ordinarie peyne imposed . but now so it is , that this case falleth not out to be within the compasse of the peyne of deprivation , for not wearing a surplice . for it is contempt only , and not the not wearing of a surplice , that arbitrarily may bee punished in this case : why then though an ordinary be not able by the kings ecclesiasticall lawes , to drawe in a ministers deprivation , principally and by the head , for not wearing a surplice , yet it seemeth that he may drawe in the same consequently , & as it were by the tayle ; namely , by chardging him with wilfull periury or obstinat contempt ; for the which causes he may iustly be deprived . nay , soft good sir , your conclusion is without premisses . for who ever graunted that the romish canon lawe was the kings ecclesiasticall law ? howsoever then , from part of mine answere made to the exception , of contempt , you might gather that by the romish canon lawe , the deprivation of a parson or vicare , for contempt , may bee drawne in by the tayle , though not by the head ; nevertheles we stil denie that any parsons or vicares deprivation , directly or indirectly by the head , or by the tayle , either for contempt or periury , pretended to be committed for inobedience to canonicall admonition , can iustly be inflicted by the kings ecclesiasticall lawes . first wee affirme ( as earst hath bene said ) that aswell the branch as the budd , the tayle as the head of the romish canon law is cleane cutt of from the body of the kings ecclesiasticall law . secondly , that the oath of canonicall obedience , exacted by the ordinary from the parson or vicare , hath ever bene exacted hetherto , onely by vertue of the foraine canon lawe , and not so farre ( as we can learne ) by any the kings ecclesiasticall lawes . and therefore periury against a parson or vicare , for refusing to weare a surplice at his ordinaries command ( by the kings ecclesiasticall lawes ) can not be obiected ; for where there is no lawfull oath taken , there no lawfull punishment for the breach of the same oath can be inflicted , by meanes whereof , one halfe of the tayle before spoken of , is disiointed . and as for the other halfe , viz. that for contempt of the ordinaries iurisdiction , a parson or vicar ( having promised reverently to obey his ordinary , and other chief ministers vnto whom the governement and charge is committed over him ; following with a glad minde and will their godly admonition , and submitting them selves to their godlie iudgementes ) that a parson or vicar , i say , may lawfully for contempt be deprived from his benefice , if he refuse to put vpon him a surplice at his ordinaries admonition , and vpon his ordinaries iudgment , this might have some colour , if the ordinaries admonition and iudgment by the holy scriptures , could be proved to be a godly admonition , and a godly iudgement : or if the former rule were a rule aswell drawne from the kings ecclesiasticall law , as from the forain canon law ; or if there were no certeyne peyne by the kings ecclesiasticall law appointed for contempt : or that among divers certeyne peynes , deprivation were one . but seeing the same rule is none of the kings ecclesiasticall rules , and that admonition , suspension and excommunication , & not deprivation by the kings ecclesiasticall lawes , be certeyne and ordinarie peynes , to be inflicted for contempt , it followeth by the kings ecclesiasticall laws , that an ordinarie may not arbitrarily , at his pleasure , for such contempt , inflict the peyne of deprivation . nay , were it true that the romish and forein canon law , touching this point of punishment by deprivation for contempt , were in force within the realme of england , yet we affirme , even by the same law , that a parson or vicare , for the not wearing of a surplice , in divine worship , at his ordinaries commaundement , is no more by his ordinarie , to be deprived from his benefice , having a reasonable cause to refuse the wearing of a surplice , then is a bishop to be deprived by an archbishop from his bishopricke , for not putting in execution some of his provinciall decrees ; when as the same bishop hath any reasonable impediment , not to execute the same decree . for this rule , contemptus fit , ex ce ipso , quòd dum possunt hoc facere , illud tamen exequi contradicunt , is of no more efficacie ●gainst a minister subiect to a bishop , then it is against a bishop subiect to an archbishop . for as episcopus est ordinarius omnium presbyterorum suae dioceseos , so is archiepiscopus , ordinarius omnium episcoporum suae provinciae . and therfore as it may be said , quod praecipitur rectori , seu vicario , ab episcopo imperatur ei , & quod a imperatur necesse est fieri ab eo , & si non fiat , poenam habet ; so likewise , vbi preceptum archiepiscopi est factum episcopo , ibi necesse est vt obediat . vnde verbum b praecipimus , habet vim sententiae definitiuae , aswell by an archbishop against a bishop , as by a bishop against a parson or vicare . for as haec dictio praecipimus , vsed by a bishop to a parson or vicare , importat aliquid de voluntate & authoritate episcopi faciendum , vel non faciendū , so by the same word vsed by an archbishop to a bishob , tenetur episcopus cui praecipitur , quòd praeceptum adimpleat , voluntate & authoritate archiepiscopi . in like sort then , as a bishop to save him selfe , both from contempt , & the penaltie of contempt , may alleadge , and plead against an archbishop , that he did not therefore obey and execute his metropolitanes commandement , by reason of absence out of his diocesse , sicknes or other reasonable impediment , even so every parson and vicare to avoid contempt , may pleade for his innocencie , against the admonition of a bishop , that iustam habet excusationem , quare illud non debeat , vel non possit , vel nolit facere . non enim potest dica sponte negligere , qui potestatē faciendi , quod incumbit non habet . et negligens dicitur , qui desidiosus , vel inconsiderains est , ad ea quae agere debet , cum non subsit rationabile impedimentum & contemnere dicitur , qui sine causa , non facit quod preceptum est . et contemnere videtur . jdem esse quod aspernari , vel non curare , & hoc est verum quando non subest causa . wherevpon linwood concluding , that propter inobedientiam possunt subditi corum benesicjs priuari , quia graviter pecat ; qui obedientiam infringot hoc verum est , saith he , si sponte , & sine causa hoc siat . let vs then for examples sake only , suppose that the bishop of chichester , commanded by the archbishops grace of canterbury , to proceed to the deprivation of m. n. vicare of p. in the diocesse of chichester , for his not cōformity in wearing a surplice , should notwithstanding his commandement , spare the said vicare his deprivation , and being convented before his metropolitane to answere this contempt , should for his excuse alleadge that he had received letters of speciall grace , in behalf of the said vicare from the kings maiestie , by which he was required to respite the said vicare , and to assigne him a longer day . suppose this ( i say ) for examples sake to be true , i demand in this case , whether the kings letters directed to the bishop , were not a reasonable impediment and iust cause , to save the bishop from the penalty of contempt , ( which by the canon lawe , is the losse of his bishoprick ) for the not execution of the archbishops provinciall mandate . if all the advocates of the archbishops consistories , must needs grant that his highnes letters were a iust excuse to exempt the bishop from the penalty of contempt , how much more iustly and reasonably may those advocats conclude , that the same vicare was to be excused from contempt , against the bishops admonition , when for his defence he alleadged , and was ready by his oath to have avowed the testimony of his owne conscience , rightly ( as he was perswaded ) grounded vpon the holy commandement of the most high god , that he durst not for feare of wounding his owne conscience , and displeasing god , to weare the surplice in any part of divine worship ? for if the request of an earthly king superior to an archb. be a reasonable excuse , to save a bb. from contempt against an archb. how much more ought the authoritie and precept of an heavenly king , be a iust and reasonable impediment , to save a minister , from contempt against a bishops admonitiō ? vnlesse then a bishop will avow and be able out of holy writ , to iustifie that a ministers conscience ( especially a ministers conscience , who walketh ( as zakarias did ) in all the commandements and ordinances of the lord without reproofe , can not be any iust or reasonable excuse or impediment , why he ought not , or may not , or will not in divine worship weare a surplice , being thervnto admonished by his ordinary , vnles ( i say ) the bishop out of holy writ be able fully to prove that such a ministers conscience is no iust or reasonable cause to stay him from wearing a surplice in divine worship , in this case i say , that even by the romish canon law it self , there can no contempt be charged vpon such a minister , for not obeying his ordinaries , first , second & third admonitions ; the reasons whereof , even out of the same canon law have bene alleadged before in the first parte of these cōsiderations . but to leave the foraine canon law , and all the rules thereof , as being no branches of the ecclesiasticall lawes of england , let it be granted that before the statute of . h. . c. . some canon or constitution synodall or provinciall , had bene made , or since have bene made , by the clergie of the realme , in their cōvocation assembled by the kings writ , that a parson or vicare , for periurie or contempt ecclesiasticall , should bee deprived of his benefice ; neverthelesse it seemeth that the same is a voide canon , and a void constitution : because it is contrary or repugnant to the lawes and customes of the realme : by which lawes and customes no free man of the realme , can be dispossessed , of his franck tenement , for contempt or periury in any of the kings temporall courts . all parsons and vicars then canonically instituted & inducted , being not subiects at this day to any forain power , but being freemen of the realme , in as large and ample maner as any layickes , the kings other subiects be , it seemeth that a parson & vicare ( by the lawes and customes of the realme ) being a freehoulder , should for none other cause loose his freehould , then for the which like cause , a layicke may loose his . yea and because no layicke by the laws & customes of the realme , may bee put from his freehould for contempt , no though the same cōtempt be committed against the kings proclamation , or any decree made in his high courte of chancerie : by so much the more vnreasonable it seemeth to be , that a parson or vicare for contempt against his ordinaries admonition , should bee deprived from his benefice , by how much a contempt against the kings commaundement , is more heinous then is a contempt against the ordinaries admonition . you mistake the cases , & as it seemeth , you vnderstand not the law . the freehold of a layick , and the freehold of an ecclesiasticall person be not of one nature . the former belongeth vnto him by a title invested in his person , but the latter apperteyneth vnto a church-man , in the right of his church : if then the churchman be displaced from his church , it followeth by a necessary cōsequence , that he must likewise be discharged from his freehold . for he , being in the eye of the law dead vnto his church , can no more enioy the freehold which he held in the right of his church , then can a dead layick any longer holde a franktenement , in right of his person . and for your better satisfaction herein , i would have you to consider , that the like course of iustice is kept and ministred against certeine officers in the common weale : which officers , so soone as for any iust cause they shall be put frō their offices , doe withall and forthwith loose such their freeholdes , as iointly with their offices , and in regard of their offices they held . the maister of the rolles and warden of the fleete , having their offices graunted for terme of life , though other of them by the same graunt be seised of a freehold , the one of the house called the rolles , the other of the house called the fleete : nevertheles if the first bee put from his mastership , and the second from his wardenship , neither can the one , nor the other , by the law and iustice of the realme , reteyne either of those houses , as his freehold ; for as the houses were iointly with their offices , & in respect of their offices granted . so their offices being once taken from thē , they must withal by necessary consequence forgo those their houses , w ch for the time they held as their freeholds . well : if this be all that may gaynesay our position , then be not our cases mistaken , neither yet have we so ignorantly vrged & applied the law and free customes of the realme , as you would beare vs in hande . for though we grant , whatsoever you have excepted , to be true , yet can not the same be a barre against our pleading . for wee have hetherto pleaded no more in effect , but thus , viz. that a parson or vicar during his ministeriall function , being in the eye of the law , no dead but a living person , and a free man of the realme , ought no more , for a contempt vnto his ordinaries admonition , by any law of he realme bee dispossessed from the freehold , which in right of his function he enioyeth , then can a layicke for contempt vnto the kings commandement , be disseised of his . and what if the freeholdes of a layick , & of an ecclesiastical person , be ( as you say they be ) diversly possessed , the one by right of church , the other by right of person , what doeth this ( i say ) impugne our saying , that no freeholder for cōtempt of the kings cōmandment may be punished with losse of his freehold , whē the great charter of england telleth vs , that a freemā shall not be amerced for a small fault , but after the quantity of the fault . and for a great fault , after the maner therof , saving to him his contenement or freehold . if then vnto every freemā punishable by the law , though his fault be great , his contenement or freehold ought to be reserved ; it seemeth much more reasonable to follow , that no churchman , being a freeman of the realme , may for contempt be punished , with losse of his contenement or freehold . and that you may consider ( against our next conference ) more deeply of this matter , let me put this case vnto you viz. that a churchman and a temporall person , both freemen of the realme ; for one and the selfe same contempt against the king , were punishable by the great lordes in the starre chamber , or in any other court , by other of the kings iustices ; would our lawes & freecustomes of the realme ( think you ) iustifie , that the spirituall person , enioyning still his spiritual function , might in this case be mulcted with the losse of his benefice , and yet the tēporal person not to be punishable by the losse of his freehold ? the examples produced by you , relieve no whit at all your case , nay rather they stand on our side , and make good our part . for how long soever the maister of the rolles and warden of the fleete , doe enioy their offices , for so long time , by your owne collection , they ought to enioy their freeholdes , annexed to their offices ; yea and you assume in effect , that they may not lawfully for contempt , or any other cause , be disseised of their freeholds , so long as they be possessed of their offices . now then , if from the identity of reason you would conclude , that a parson or vicare for contempt lawfully deposed from his ministeriall function , should in like maner lawfully loose his freehold , annexed to his office , as the maister of the rolles , and warden of the fleete , put from their offices , should loose theirs , we would not much have gainsaid your assertion . for we hold it vnreasonable that a parson or vicar deposed from his ministeriall function , should enioy that freehold or maintenance which is provided for him that must succeed in his ministerial charge . but then your assertion would make nothing against vs. for so you must prove that your officers for contempt only , may lawfully be put from their freeholds annexed to their offices , and yet notwithstanding remaine the same officers still . and then indeed ; frō some parity or semblance of reason , you might have inferred , that a parson or vicare for cōtempt deprived of his free hold , annexed to his function , might notwithstanding such cōtempt , enioy his ministeriall function still . but to dispute after this sort , were idlely to dispute , & not to dispute ad idem . for how doth this follow ? the kings officer , if for contempt he be displaced from his office can not withall but be displaced from his freehold , which ioyntly with his office , and in regard of his office , he possessed . therfore a parson or vicare for contempt , may lawfully be deprived from his benefice or freehold annexed to his ministeriall function , and yet notwithstanding enioy his ministeriall function still . and this is the maine point & generall case ( for the most part ) of all the ministers which at this day for contempt , stand deprived . for among all the sentences pronounced for contempt , there is scarce one to be foūd which deposeth a parson or vicare from his ministerial office , but onlie which depriveth him from his church , parsonadge , or vicaradge . whereby the vnreasonablenes of certeine ordinaries , in their processe of deprivatiōs , become so much the more vnreasonable , by how much more vnreasonable it seemeth to be , that any publicke officer should lawfully be continued in his publicke office , and yet not be suffered to enioy any publick meanes , to mainteine the same his office . and thus much have we replied vnto your answere , made vnto our pleadings , that by the lawes and freecustomes of the realme , a parson or vicar , being a freeman of the realme , may not for cōtempt vnto his ordinaries admonitiō , be deprived from his freehold , if so be you grant that he may enioy his ministerial function still . as touching the lawes of the church , it hath ben already sufficiently demonstrated , that there is then no contempt at all committed against an admonition , whē the partie admonished can alleadge any iust or reasonable cause of his not yeelding to his admonisher . and if no contempt in such case be made , then no deprivatiō from a benefice , or deposition from the ministerie , in such case ought to follow . considerations against subscription , to the booke of the forme and maner of making and consecrating bishops , priests and deacons . what the reason or cause should be , that subscription vnto this booke of consecration & ordination of bishops , priests and deacons , hath bene of l●te yeares , so hotly and egerly pursued by the lords of the clergie , is a misterie , perhaps , not of many of the laytie well vnderstood . and how soever vnder colour of the maintenance of obedience to the statute of the realme , whereby this booke is confirmed , the same subscription may seeme to be pressed : nevertheles if the maine drift and reason of this pressure , were well boulted out , it is to be feared , that not only the vnlawful supremacie of an archbishop is sought to be advāced above the lawfull supremacie of our soverayne lord king iames ; but also that the synodals , canons and constitutions made by the clergie , in their convocation , are intended , if not , to be preferred above , yet at leastwise to be made equall to the common law and statutes of the realme . by the ancient lawes and customes of the realme , one parcell of the kings iurisdiction and imperiall crowne , hath evermore consisted in graunting ecclesiasticall iurisdiction , vnto archbishops , bishops and other prelats . for the maintenance of wich imperiall iurisdiction and power , against the vsurped supremacie of the bishop of rome , divers statutes , not introductorie of new law , but declaratorie of the old , in the time of king henry the eight , king edward the sixth , and of our late most noble queene deceased , have bene made and enacted . yea and in a book entituled the institution of a christian man , composed by thomas archbishop of canterburie , edward archbishop of yorke & all the bishops , divers archdeacons & prelates of the realme , that then were , dedicated also by them to king henry the eight , it is confessed and acknowledged that the nomination & presentation of the bishopricks , apperteyned vnto the kings of this realme . and that it was and ●halbe lawfull to kinges and princes , and their successors , with consent of their parliaments , to revoke and call againe into their owne handes , or otherwise to restreine all the power and iurisdiction which was given and assigned vnto priests & bishops , by the lycence , consent , sufferance and authoritie of the same kings and princes , and not by authoritie of god and his gospell , whensoever they shall have grounds and causes so to doe , as shal be necessarie , wholesome and expedient for the realmes , the repressing of vice , & the increase of christian faith and religion , ever since which time ( vntill of late yeares , the late archbishops of canterbury , with the counsel of his colledge of bishops , altered that his opinion , which some times in his answere made to the admonition to the parliament , he held ) it was generally and publickely maintained , that the state , power and iurisdiction of provinciall and diocesan bishops in england , stood not by any divine right , but meerly and altogether by humaine policie and ordinance alone . and that therefore , according to the first and best opinion and iudgment of the said archbishops , bishops , &c. the same their iurisdiction might be taken away and altered at the will and pleasure of the kings of england , when soever they should have grounds and causes so to doe . mary since , when as the discipline and governement provinciall , & diocesan ministred and exercised by the late archbishop deceased , and his suffraganes , was diversly handled , disputed and controverted , not to be agreeable , but repugnant to the holy scriptures , & necessarie also for the repressing of vice , the increase of faith and christian religion , to be changed ; they herevpon iustly fearing , that the most vertuous & christian queene deceased , vpon sundry cōplaints made in open parliament , against their many vniust greevances , would have reformed the same their maner of governement ; they then presently vpon new advise and consulation taken , boldly and constantly avouched the same their governement , to have bene from the apostles times , and agreeable to the holy scriptures ; and therefore also perpetuall , and still to be vsed , & in no case to be altered , by any king , or potentate whatsoever . by meanes of which this their enclyning to the popish opinion , and holding their iurisdictiō to bee de iure divino , & professedly mainteyning in the homilie ( wherevnto also subscription is vrged ) that the king , and all the nobilitie , ought to be subiect to excommunication , there is now at length growne such a mayne position , of having a perpetuall diocesan and provinciall governement in the church , that rather then their hierarchie should stoope , they would cause the kings supremacie , which he hath over their said iurisdiction , to fall downe to the ground ; in so much as by their supposition , the king hath no authoritie , no not by his supreame power , to alter their sayd governement at all . and to this end and purpose ( as it seemeth ) in their late canons have they devised and decreed , this booke of ordination , to be subscribed vnto . which subscription can not but quite and cleane overthrow the kings supremacie and auncient iurisdiction , in the most dangerous degree . for if their provinciall and diocesan orders and degrees of ministerie , together with their iurisdiction , be to bee vsed , ( as established and derived vnto them by the holy scriptures ) how then can it be in the power and iurisdiction of the king , to graunt , or not to graunt the vse of provinciall and diocesan bishopisme and iurisdiction ? or how may the provinciall bishops , with their diocesan suffraganes , be called the kings ecclesiasticall officers , if their iurisdictions be not derived vnto them from the king ? for if they be called gods bishops , or bishops of gods making , how then may they anie more be called the kings bishops , or bishops of the kings presenting , nominating and confirming ? nay , besides , who then can alter them ? who can restreyne them ? who can revoke or recall their power and iurisdiction ? who can resist them ? or what king of england may pluck his neck from vnder their yoke ? nay , how should the kings supremacie ( as by the ancient lawes of the realme it ought ) remayne inviolable , when his royall person , whole nobilitie and realme , is subiect and lyable to the censure of the canon law , excommunication ? which law the provinciall and diocesan bishops to this day , in right and by vertue of their provinciall and diocesan iurisdiction , and none otherwise , do stil vse , practise , and put in execution ? besides , if bishops provinciall and diocesan ( as they be described in that book ) be commanded in the scriptures , and were in vse ever since the apostles times , then ought they to be in the church of england , though the king and his law never allowed , nor approved of them . but to hold this opinion , as it will vphold the popes supremacie ( because the generall reasons which vphold a provinciall bishop , will vphold a pope ) so will it once againe , not only impeach the kings supremacie , but also be repugnant to the lawes and customes of the realm . by which supremacie , lawes and customes only , the provinciall & diocesan bishops have bene hitherto vpheld . for seing the lawes and customes of the realme , doe make the kings nomination , presentation , and confirmation , the very essence and being of a provinciall , & diocesan bishop with vs , so that these offices ought to be held only , from the authoritie , gift and graunt of the king : how ought not the kings nomination , presentation , authoritie and gift , yea and the law it self , in this case wholy cease , if the order , degree , ministerie and iurisdiction of a provinciall and diocesan bishop be founded in holy scripture ? vnlesse we shall affirme , that , that was in the apostles times , which was not , or that , that is to be found in holy scripture , which is not ? namely that there were in the apostles times , and that there be in the holy scriptures , no bishops but provinciall and dioceasan bishops to bee found ? and that by the law of god and the gospell , every king and potentate , hath supreme power to suffer none but provinciall & diosan bishops to be in the churches . so that by subscription to allow , that provinciall and diocesan bishops , be scripturely bishops , and that their iurisdiction and power , is a scripturely iurisdiction and power , is to deny that their iurisdiction and power , dependeth vpon the kings iurisdiction and power , or that by the kings gift and authoritie they be made bishops . but how doeth subscription ( you will say ) to the booke of ordination approve the orders and degrees of provinciall & diocesan bishops , to be by divine right , rather then by humane ordinance ? how ? why thus : it is evident ( saith the preface of that booke ) to all men diligently reading holy scripture and ancient authors , that from the apostles times , there have bene these orders of ministers in christes church , bishops , priests and deacons . yea and by the whole order of prayer , and of scripture read , & vsed in the forme of consecrating of an archbishop or bishop , it is apparant that the order of an archbishop or bishop , consecrated by that booke , is reputed & taken to be of divine institution . and therfore seing the names of those orders of ministers , must necessarily be taken and vnderstood of such orders of ministers , as be sett forth and described in the body of that booke , it must needes be intended , that the ministers by their subscription , should approve the orders of ministers , mencioned in that booke , to be of divine institution , and consequently , that provinciall and diocesan ministers or bishops , have not their essence and being from the nomination , gift & authoritie of the king. besides , if we should vnderstand by the word ( bishop ) him that hath the ministrie of the word and sacraments , as the pastor & teacher ; and by the word ( priest ) the presbiter , that is the governing elder ; and by the word ( deacon ) the provider for the poore , then for the ministers to subscribe to the booke of ordination , would no way iustifie those officers or degrees of ministers , which are described in that booke , but would indeed vtterly subvert and overthrow them . because the orders and degrees of a provincial & diocesan bishop , of a priest and deacon mentioned in that booke , be of a farr differing nature from those orders and degrees of ministers , which are mencioned in the scriptures : because they only agree in name , and not in nature . wherfore seeing there be other orders and degrees of bishops then provincial & diocesan bishops found in the holy scriptures , & seeing also kings and princes being vicarij dei , be commanded to authorise all things for the trueth ; and nothing against the trueth : it seemeth necessarie that his maiestie should not only restrayne the provinciall and diocesan bishops , from vrging subscription to this booke of ordination , ( being so derogatory ( in their sence and construction ) to his supremacie as nothing can be more , ) but also to keepe the bishops them selves within the tether and compasse of the word of god. for if the word of god , doe approve amongst the ministers of the word and sacraments , a primacie of order only , & denyeth vnto them any primacie of iurisdiction and power in ecclesiasticall governement , ( as the learned protestants have proved against the papists touching peters supremacie ) then will it follow that ours also ought to bee reduced to the same compasse , both for the kings maiesties safetie , and the churches good . least princes giving them more then god alloweth them , they shoud them selves loose that right and authoritie , which they ought to reteyne in their owne royall persons . now that it may not be obiected that we begge the question of scripturely bishops , not having any primacie of iurisdiction & power in ecclesiasticall government , ( to let passe all particuler reasons of the protestants against the papists in this point ) it shall suffice in this place to produce for witnesses six & forty iurors , against whō no chalendge or exception can be taken ; namely the said thomas crammer , archbishop of canterburie : edward archbishop of yorke : iohn bishop of london : cuthhert dunèlmem steven winton : robert cariolen : iohn exon : iohn lincoln : rowl and coven & lichfield : thomas elien : nicholas sarum : iohn banger : edward herefordien . hugh wigornen . iohn roffen . richard cicestren . william norwicen . william meneven . robert assaven . robert landaven . richard wolman , archdeacon of sudbur . william knight archdeacon of richmond : iohn bell , archdeacon of gloster : edmond boner , archdeacon of lecester : william skipp , archdeacon of dorset : nicholas heeth , archdeacon of stafford cuthbert marshall , archdeacon of notingham : and richard curren , archdeacon of oxford : together with william cliff , galfrid downes ; robert oking , radulf bradford , richard smith , simon mathew , john fryn , william lukemaster , william may , nicholas wotton , richard cox , iohn edmonds , thomas robertson , iohn baker , thomas baret , iohn hase and iohn tyson , sacrae theologiae , iuris ecclesiastici , & civilis professores . all which archbishops , bishops , archdeacons and prelates , having with one voyce and accord shewed vnto king henry the eight , that divers good fathers , bishops of rome , did greatly reprove and abhorre ( as a thing cleane cōtrarie to the gospell & the decrees of the church ) that any bishop of rome , or elswhere , should presume , vsurpe , or take vpon him the tytle and name of the vniversall bishop , or of the head of all priestes , or of the highest priest , or any such like tytle ; proceede further , and in the end conclude , and give vp their verdict thus . for confirmation whereof , it is out of all doubt , that there is no mencion made , neither in scripture , neither in the writings of any authenticall doctour or authour of the church being within the tyme of the apostles : that christ did ever make , or institute any distinction or difference to be in the preeminence of power , order , or iurisdiction betweene the aposties them selves , or betweene the bishops them selves ; but that they were all aequall in power , order , authoritie and iurisdiction . and that there is now , and sith the tyme of the apostles , any such diver●●tie or difference among the bishops , it was devised by the ancient fathers , &c. for the said fathers considering the great and infinite multitude of christian men , and taking examples of the ould testament , thought it expedient to make an order of degrees , to be among bishops and spirituall governours of the church ; and so ordeyned some to be pa●riarkes , some to be primates , some to be metropolitanes , some to be archpishops , some to be bishops , &c. which differences the said holy fathers thought necessarie to enact and establish , by their decrees and constitutions , not for that any such differences were prescribed and established in the gospell , or mencioned in any canonicall writings of the apostles , or testified by any ecclesiasticall writer within the apostles tyme. and thus farre their verdict . but let vs graunt , that orders of bishops , priestes and deacons bee conteyned in the holy scriptures , yet if those orders of bishops , priests and deacons which are established in the booke , be not the same orders of bishops , priestes & deacons , which are authorised by the scriptures : then ( through the aequivocation of these wordes ; orders of bishops , priestes and deacons ) there being afalacie : how should this forme and maner of subscription be lawfull ? viz. that the booke cōteyneth nothing contrarie to the word of god , & that it lawfully may be vsed ? for only such orders of bishops , priestes and deacons , ought to be acknowledged , subscribed vnto , & vsed , as by the holy scriptures are warranted . and therefore such as are conteyned in the booke , if so be they be divers frō those which are approved in the holy scriptures , how should they without sinne be subscribed vnto , and vsed ? vnlesse we shall affirme , that ministers of the gospell of god , may rightfully approove of such orders of ministers , as the lord and law giver of the gospell never allowed ne approoved . and thus much have we spoken touching not subscription , touching the not exact vse of the order and forme of the booke of common prayer , and touchinge the not precise practise and wearing of the rites , ceremonies and ornaments of the church . wherein if we have spoken otherwise then as for our speaking wee have warrant from the kings lawes , our earnest desire is that it may be shewed vnto vs wherein we haue erred . for if there be any thing whereof we be ignorant , we shal be willing to be taught the same , and having learned it , to yeald to the practise thereof . in the meane time , seing not to weare a surplice in the ministration of divine service , not to make a crosse in baptisme , & not to subscribe , &c. in it selfe , is not a sinne against any commandement of god , nor a thing scandalous vnto the people : and seeing also the parsons who refuse to weare and vse the same , be in every respect men of good note , condition , fame , qualitie and behaviour , yea & such as against whom , no misdemeanor for doctrine or life , which might aggravate their offence , can iustly be obiected , we may lawfully ( as we thinke ) conclude in their behalf , that de aequitate & misericordia iuris , they ought to be respected and tolerated , rather then for their refusall meerely standing vpon their consciences ( whether erroneous or not erroneous , it skilleth not ) de rigore iuris , ( if there be any such rigour ) to be suspended , excommunicated or deprived , yea and in so generall and doubtfull a case of conscience , vpon so slender a ground of periury or contempt , vpon persons every way so peaceable & well qualified , and wherein no scandall hath ensued , we suppose it can not bee shewed among all the decrees and sentences recorded , among all the popish canonists , that ever any popish ordinaries , in any age have vsed the like iudiciall rigour against any their popish priests . it is to be noted , that the foraine canon law , is none otherwise in any part of this treatise intended to be the kings ecclesiasticall law , then only vpon a false supposition of the archbishops and bishops : because the same law is yet vsed & practised in their consistories , notwithstanding it hath bene long since abolished by act of parliament . god saue king iames . faultes escaped in printing . in the epistle . fol. . pag. . lin . . say we , for ( say we ) fol. pag. . l. à fine . . efrom , for from . fol . pag. . l. à fine . wincester for winchester . in the booke . pag. . l. à fi . . appointed for appointeth . pag . l à fi . . appointed for appoonteth . pag. . the . line is superfluous . pag. l. . expcessed for expressed . pag. l à si ad in marg . . mar ses . . . . pag. . l. . fift for fifth . pag. . l à fi . . decretall , for decretalls . pag. . l. provincalls , for provincials . pag. . in fine , in marg . diceat for dicent . pag. . in marg . is to be added to h. . &c. pag. l à fi . preceptum for praeceptum . ibid in mar . cc. for . c. pag. . in mar . casti for cousti . & contemp . for contem . pag. . l. vlt he for the. pag. l. . à si enioyning for enioying . pag. . l. . ardbishops , for archbishop . pag. . in f. in mar . dioceson for diocesan . pag. . l. . dioocasan , for diocesan . notes, typically marginal, from the original text notes for div a -e cap. . act. . act. . act. . . . cod. de seditio li. . a glos . lind . de heret . c. verb. sectam b glos lind . de magis ca. . verb. scismatum . isa . . . notes for div a -e by whole clergie wee meane the archb bb. & other learned of the clergie heretofore vsually assembled in convocation by the kings writ . the articles of religion . were agreed vpon in convocation by the whole clergie of the realm , vide . eliz. ca , . par in parē nō habet im perium , and therefore yorke not subiect to canterbury ▪ b sf . de li. & posthu . l. cum quidá . c ●f . de poen . l. interpretatione . de poe . dist . l. ●poenae . lyud , de celeb . miss . c. vle . verb. animabu● , & lind. de cōces●i . preb . ●●esurientis verb procurantes . d mag . char . cap. . panor . in 〈◊〉 , querenti de verb. siguif . nu . . e panor , in c. multa de preb nu . . ca. statut . de cle● . lib. . g panor c. inquisition . de sent . excom . nu . . k panor . in cad aures , de aeta . & cual ● . panor in c. per tuas ex iii. nu . & . desimo l. bald. de nihi●urand . l vide . simon de graph. de casibus conscientiae , pa. . exacting the oath . part. . the institutiō of a christian mā dedicated to k. h. . fol. . . answer . reply . fol. . . constit . o● . c. ecclesias : ne dig . tra● ad sir. & glossa ibid verb ●●●ltitudinis . . panor . in . de cler , ●grot . 〈◊〉 dist . faperversū , extra . de t. aegrot . 〈◊〉 totum . ●ag . chart . 〈◊〉 . h. . c. 〈…〉 ● . notes for div a -e ●liza . c. ● . . the second part of the right vse of the church . obiection . answere . obiection . answere . ▪ k. . . note that the lordes only , & not lordes spirituall and temporall , are mencioned : spirituall lordes therefore were not of this parliament . for by divers statutes when only lords are mencioned , temporall lordes are included , and spiritual lords excluded . sir edward cooke , de iure reg . eccle , fol. . notes for div a -e the order where morning & evening prayer , &c. fol. . obiection . answere . lind de celebra . missae c. l●●theamina the bishop by his ordinary iurisdictiō hath no authority to deprive a minister for not wearing a surplice . ff . si quis ius diceat non obte l . & l . si quis in iu● vocat . foraine canō law abolished , . h . c. . a bishop by the forrain canon lawe , hath no iurisdiction . an ordinarie by the kings ecclesiastical law cannot impose an arbitrarie peyne for not wearing a surplice . obiection . answere . a lind. de constitut . ec . quia incontinentiae . verb praecipimus . b verb. praecipimus . ex . de conc . praeb . c. quia &c. vlt. de elect . lind de casti . quia verb neglexerit . lind. de sen ten . excom . verb. contemp . glos in verb contempse●it c. . de appell . li. . luke . answer . reply . notes for div a -e cooke de lure . regis eccle . fol. fol. . fol. . do. sutclif . doct. bilson . part of the right vse of y e church if diocesan bishops bee scripturely bishops , thē may they stand without y ● king. dioceson bishops hither to vphelde only by the lawes of the realme . fol. . . a perfect guide for protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of eliz. and car. at large : to which is added a post-script about ecclesiastical courts and prosecution in them. care, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a perfect guide for protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of eliz. and car. at large : to which is added a post-script about ecclesiastical courts and prosecution in them. care, henry, - . [ ], , p. printed for r. baldwin, london : . written by henry care. cf. bm. caption title: a guide for protestant dissenters. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -- legal status, laws, etc. -- england -- early works to . dissenters, religious -- legal status, laws, etc. -- early works to . dissenters, religious -- england -- early works to . dissenters, religious -- early works to . ecclesiastical law -- england -- early works to . ecclesiastical law -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a perfect guide for protestant dissenters , in case of prosecution upon any of the penal statutes made against them. together with . the statutes of eliz. and car. . at large . to which is added , a post-script about ecclesiastical courts , and prosecution in them. london , printed for r. baldwin . . the preface . 't is the common practice now adays , for base and mercenary pens to pass the worst censures upon the best intentions of men. the arguments that follow are all grounded either upon scripture and reason , or upon equal justice and prudent morality ; and those not enforced with heat and passion , but with all the mildness and submission imaginable ; which argues the fairness and honesty of the design , viz. to procure , if it may be done , a happy union between protestants and protestants ; whom it rather mainly concerns to joyn their forces against the common enemy of their profession , than to make themselves the scorn and triumph of popish cunning , by a needless separation ; which , if duly consider'd , would soon be found unhappily fomented and encreas'd by the encourag'd emissaries and scribling bravo's of rome . is it not apparent , how they already begin to undermine and blow up the truth of the late horrid plot , so miraculously discover'd ? to which purpose , is it not likewise apparent what daily affronts they put upon the king's evidence , to the end that by rendring their persons , and whatever they have said or sworn , ridiculous , they may be the better able to raise a mist before the eyes of the people , and then totally withdraw the plot from their belief ? is it not apparent how vigorously they assail the whole body of the dissenters , men of religious , serious , upright , and most loyal principles , under the scandalous names of fanaticks and whiggs ; and by throwing the failings and misdemeanours of some few upon all ( this earth not affording that happiness to the most holy society in the world , of being without some hypocrites and bad men ) to cast an odium upon above a third part of the most industrious and wealthy part of the nation , on purpose to enervate and impoverish the protestant interest , and make the softer and more easie way for popish intrusion ? enormities much more deserving the punishment of penal laws , than publick meetings for the worship of god. upon which considerations , it cannot be look'd upon certainly by persons of truly pious and cordial affection for the good of their country , as a design either dishonest or factious , to vindicate , so far as may stand with equity and good conscience , the protestant dissenters from the heavy imputations of schism , sedition , and disloyalty , every day cast upon them , though most undeservedly , by the pope's weekly drudges here in this city . to which end , the design of these few sheets is to more than to plead their cause , with all modesty and submission , before the tribunals of justice and divine charity ; to rectifie the iudgments of persons misguided by mercenary scriblers , by setting forth the nature and ends of these meetings , and the dangerous consequences of setting up a protestant persecution , to the encouragement of those pests of the kingdom , ignorant and greedy informers . and because a sight of the statutes themselves may be necessary to those that have them not , they are hereunto annex'd ; there being nothing more moral than the reason of self-preservation in a legal and orderly way ; which they that seek by no other means than by those of duty and allegiance , no other being here propounded , cannot be thought to deviate from the laws of god or nature . a guide for protestant dissenters , &c. there is nothing that seems a greater blemish to christianity , than that little differences about the exercise of divine worship , should cause such heats and animosities among men : and for them whose business it should be to preach unity , love , and charity , under the notion of church-government , to instigate and animate the civil magistrate to make rigid penal laws , to enforce the consciences of good people , seems in some measure contradictory to the easie yoke of christian obedience . it seems somewhat hard , when a poor man has by his industry and frugality got together a small subsistence for himself and his family , that because he is dissatisfied with some few indifferent circumstances , that are impos'd upon their consciences , he should be presently laid at the mercy of rapacious informers and officers ; that his goods should be at the disposal of persons many times fuller of heat and passion , than of true charity ; that he should be excommunicated , and consequently under the lash of a civil writ , because he will not come to the parochial church : as if the place were so material where god were worshipp'd , so in any place he be ador'd in spirit and truth . nor is this spoken in the least in reference to the civil government , but onely in point of divinity . it is apparent by the very prefaces of the acts themselves hereby intended , that the civil magistrate aims at nothing but what is right and just ; to prevent sedition , for the good and quiet of the kingdom . but 't is to be fear'd , that want of charity in others , and too much addictedness to opinionated severity , sways others to extend the lawful pretence of the civil power beyond the bounds and limits of the legislaters intention ; in regard that for the ministry to aggravate civil crimes upon their brethren , and incence the sword of justice , appears no where in scripture agreeable to christian doctrine . there are two statutes , that of the th of elizabeth , and the d . of his present majesty , that create the loud complaints that run through the whole nation : and yet the proems of neither of those acts seem to allow that rigour which is at this time meditated by some persons , and desended perhaps with too much heat in the pulpit . the preamble of eliz. runs thus : for the preventing of such great inconveniencies and perils as might happen and grow by the wicked and dangerous practises of seditiovs sectaries and disloyal persons . the preamble of the d . of his present majesty runs thus : for providing farther and more speedy remedies against the growing and dangerous practises of seditiovs sectaries , and other disloyal persons , who , under pretence of tender consciences , have or may at their meetings contrive insurrections , as late experience hath shewn . here are two statutes , by which most lawful and most necessary provision is made for the preservation of the peace and quiet of the government . now , if it should be asked , what the civil magistrate requires from hence ? it is to be answered , in general , obedience , passive and active ; tranquillity , publick and private : and particularly , that no disloyal persons , nor sectaries , shall meet , under pretence of tender consciences , to contrive insurrections . hence it is submissively presum'd , that if the subject live dutifully towards his prince , free from giving occasion of civil disturbance ; amicably toward his neighbour ; pay those duties and taxes which the law or custom imposes ; and actively , if he be always ready with his sword in his hand to defend his prince and country ; the prince does not regard the inward consciences of such subjects , nor their inconsiderable differences in matters of ceremony ; so that the religion which they profess be not contrary or opposite to the establish'd law and government of the kingdom . and it is plain , that the law extends it self no further than sectaries and disloyal persons , as being look'd upon by the law to be the most likely persons to contrive insurrections , and disturb the peace of the nation . leaving then the civil power to its self , the question is between the dissenters and their opposers , what a sectary is ? for it is suppos'd , that if the ecclesiastical wrath were appeas'd , the displeasure of the civil power might the more easily be atton'd . now then sectaries must either be heretics or schismatics . heretics the dissenters cannot be ; for they do not err in fundamentals ; for such a one is a heretic . the next question then will be , whether they be schismatics ? what is a schismatic ? a schismatick is one that holding firm the same foundation of faith , departs from some ceremony of the church , obstinately , and out of ambitious ends. thus it appears , that obstinacy and ambitious ends are the distinctions that make a schismatic . from whence it is apparent , that there may be some grounds and reasons why a man may dissent from some ceremony of the church , and yet be no schismatic . for example : obstinacy is the opposite to constancy ; ambitious ends , or self-interest , as being a contempt of conscience , the opposite to integrity . so then if a man dissents from any ceremony of the church out of integrity , which is a vertue by which we yield up our obedience to god , though imperfect , yet without hypocrisie ; or out of constancy , by which a man resolves to persist in the knowledge of god and his worship to the end , he can be no schismatic . for the di●senters and their opposers agree in the same knowledge of god , in the same sacraments , and the same worship ; onely the dissenters disallow some outward adiaphorous ceremonies of their church . again , to make them schismatics , that is , obstinate or ambitious dissenters , there must be conviction and contumacy : but in regard that neither the one nor the other appears against them , it follows , that they dissent out of integrity and constancy , and consequently are no way liable to the severity of the statute , especially if the preamble , as it is taken in law , be the key of the statute . seeing then that the dissenters , where there is no proof of petulancy or ambitious ends , cannot be said to be schismatics , and consequently not obnoxious to the law , it remains , that they must be brethren , professing the same fundamentals of doctrine and worship . and then it seems very hard , that the severity of persons who call themselves divines , and teachers of the doctrine of charity , should stretch and strain a law to encourage accusers of the brethren , and to lay violent hands upon those , to whom it never meant any disturbance . and 't is look'd upon as a strange and unhappy disagreement between the common lawyer and the divine , that the one should take it for a charitable maxim , that summum ius est summa injuria ; while men that pretend to be actuated by divinity , and the example of christ , pressing summum ius yet with so much inveteracy , advance summam injuriam , to the prejudice of brethren , for inconsiderable differences . blessed are the peace-makers , saith our most charitable saviour . which sacred truth of his , from his own lips , creates a just appeal to all rational men , how far dissonant from this doctrine of their head and grand instructer those persons are , who avoiding the healing doctrine of unity , make their pulpits ring with nothing but corrosive invectives and satyrs against friend and foe , brethren and schismatics , under the general notion of fanaticism ; forgetting the constant rule , that he onely teaches well , that well distinguishes . certainly it can never be thought that it should proceed from the dictates of reason and conscience , that they who ought to come with healing in their doctrine , should make it their business to exasperate and incence the civil power , meerly to establish an unlawful hierarchie over the consciences of their brethren . they that first shook off the roman toke , thought it expedient not to make a total and absolute change ; but guided by reasons of state , left several of the ceremonies , popish ceremonies , untouch'd , which remain among us to this day ; as , the surplice , and with some th● rail'd altar , second service there perform'd , tapers , with this difference , that the papists are lighted , and ours not ; and lastly , a particular reverence to the east , as if god were more individually present in the chancel , than in the belfry . but now that the state has no occasion for those fears , now that the people universally desire to be freed from these relicks of superstition , for some persons to insist upon it , and with so much obstinacy impose as a duty , what was onely retain'd for state-convenience , as to raise a persecution of tender consciences for the sake of pure ceremony , it is believed , that were those famous reformers now alive , they would not have been angry with those that so readily sought the accomplishment of what they left imperfect . the law was made to punish mutiny , rebellion , and insurrection , against the state and civil government ; not to harrase the liberties and properties of men for not conforming to the impositions of ecclesiastical ambition . what tho the civil magistrate have been so careful to make provision for the repose and quiet of the kingdom ? it may be thought a hard chapter , that the peevishness and choler of some men should turn the stream of that rigour , where no proof is made , upon pretence of breach and disobedience . how ill will it sound in the ears of posterity , when they shall hear of protestants being so severly dealt with for trifles of difference ? how much does it at present advance the mirth of popery , to see the protestants doing their business , and by some ●●ing disunion among themselves , opening a way for self-destruction , and the inroads of superstition , which otherwise the papists were never able to hope for . certainly the profession of divinity teaches men to be of another temper , and to have a chancery of charity always open in their hearts , to mitigate and compose , not to exasperate and provoke the civil magistrate , especially in concerns not of the government , but of their own interest . some people will not have their children sign'd with the cross ; others meet about five together in a place ; and therefore let them be fin'd , let their goods be seiz'd and embezel'd , and their persons imprison'd : for the law is of our side , and we will not remit a tittle of its utmost rigour . a severe way of proceeding , that can never be thought agreeable to the examples or doctrine either of christ or his apostles . if such persons did but consider how much more fragrant the memory of a cranmer smells in history , than that of a bonner , they would surely steer another course . nor can they be thought well to weigh with themselves that of vis unita est fortior , and the doctrine of the divided house , while by a fatal disagreement with their brethren about outward forms and unnecessary circumstances , they render themselves less able to withstand the impetuosity of daily - menacing popery . that is nothing , the decree is gone forth , and must be obey'd ; and though the preamble of the law may be avoided , the body of it , more explanatory of it self , admits , no evasion . for the law positively says , that if any person or persons , above the age of sixteen years , &c. shall be present at any assembly , conventicle , or meeting , under colour or pretence of any exercise of religion , in other manner than according to the liturgie and practise of the church of england , &c. where there shall be five or more persons assembled , over and above those of the houshold , &c. as to the first part of the words , whoever shall be present at any assembly or meeting , under pretence or colour of any exercise of religion , &c. some questions do arise upon the fair accompt of reason and policy . . whether the meaning of the words extend themselves to such an exercise of religion which is truly christian , and according to the direct interpretation of scripture ? . or whether onely such a religion as carries onely a pretence and colour , without any truth and sincerity ? as to the first , it is most certain , that the most pure and christian exercise of devotion carries with it a pretence and colour , as well as the false one , though it be onely that of serving and performing our duty to god. now then it can never be imagin'd , that the intention of this law was ever to prevent the exercise of devotion and true piety . let the place or the number be more or less , in a rational proportion . for , if so , the statute would be void in it self ; in regard that all unbyass'd casuists , lawyers , and divines agree , that all humane laws made against the law of god , are ipso facto annull'd as to any obligation upon the conscience . seeing therefore it cannot be thought , that this law intendeth the destruction of it self , there must be a looking backward to the reason and policy of the law , which from the preamble is apparent to be onely the prevention of disloyalty and insurrection , for the repose and tranquillity of the kingdom . now then let a meeting be suppos'd , though of more than five or ten ; yet if at this meeting there be nothing done that tends to disloyalty , insurrection , or disturbance of the publick peace , the law hath its end , and can take no farther notice , there being no breach of the law , and consequently no occasion of punishment . and this is collected from reason it self ; for , should any other construction be put upon the words , it would be contrary to the law of god , as intended to prevent the true and real worship of god , under pretence of innovation and disloyalty . a thought , an intention , which it were a crime to imagine such worthy and pious legislators ever dream'd of , however the meaning of the law may be strain'd in the absence of its makers . now that such a meaning of the act , as it is inforc'd , is contrary to the word of god , is apparent from the scripture it self : acts . and paul dwelt two years in his hired house , and received all that came to him , preaching the kingdom of god , no man forbidding him . tim. . i will therefore that men pray every where ; with several others . nor will it serve as an objection , to say , that the times are otherwise , now that there are such plenty of publick churches : for , if they be possess'd by such as will not admit their fellow-christians to come together , without prejudice to their consciences , 't is the same thing to them , as if those places were not at all . which being a clear confirmation , that god may be worshipped in spirit and truth in any place , or at any time ; 't is as clear , that the meaning of this law cannot reach the exercise of real piety . for , if the worship in it self be evil , it is not to be endur'd in four ; if consonant to the word of god , the number of fourscore cannot render it criminal . but here in regard there is so much insisting and stress put upon the word conventicle , it will be much to be clearing the meaning of the act , to enquire in to the nature of the word , and whether it be not taken too unwarily in an ill sense , by those that would extend the reason and meaning of this act beyond its limits ? a conventicle then in the general sense is a certain place appointed for the assembling and coming together of people to some purpose or other ; in the particular sense it signifies the assembly it self there met . if then the purpose be for the sake of divine worship , it will be fit next to enquire the difference between a church-assembly and a conventicle-assembly . that which constitutes a church , is an assembly or congregation of people called to the state of grace by prayer , by teaching and hearing the word , and the due administration of the sacraments . the efficient cause of this assembly is the holy trinity , in general , particularly christ . the form of this assembly consists in a double communion of the assembly with christ as the head , and of the particular members among themselves . the matter of this assembly are the persons or several members called to the covenant of grace . the end of this assembly is the glory of god , and their own salvation . the marks of the real christianity and legality of this assembly are the true preaching the word , and due administration of the sacrament ? if then the same substantial efficient cause , the same substantial matter , the same substantial form , the same substantial end , the same substantial marks of a truly christian assembly be found in a house or any other convenient place , though not adorned with steeples or stone arches , call them presbyterians or dissenters , or what you please they center the main fundamentals of faith and doctrine , differ only in some slight and outward ceremonies , and are therefore an essential body of the protestant religion . and if there be any external circumstances in dispute , they are to be argued and determined among themselves , not by the arbitrary power of a justice of the peace , who is an officer only of the peace , and not of the conscience . so that it can never be thought that the determination of christian prudence will ever grant it to be rational that this law was ever made for the prevention of such conventicles , which must prove the suppression of much true piety and devotion . this makes some people think that ecclesiastical jurisdiction is in a very weak condition and most deficient of it self , when it is so earnest and clamarous after the assistance of the civil magistrate . and indeed it is easily demonstrable in story , that there was nothing more advanced the beginnings of the reformation of england than the weakness which henry . perceived in the arguments which the papists brought against the reformers in all their disputes . and therefore a convocation dispute had been much more proper for this controversie than the destructive arguments of distresses and crown office writs . which , if it were put to the test , there are many that question , whether the law-provokers might not come by the worst . for as to those things which are called the rites and ceremonies of true worship , true religion has none but what god has prescribed in his word ; and they are looked upon , either as parts or helps to our devotion . as parts of devotion , they consist in promulgation of the word , the administration of the sacraments and prayer , which requires also decent composure of gesture and posture . as helps to devotion , they are divided into fasting and vows . and these are all the rites or ceremonies of true worship . ceremonies of form , are apt to wander into superstition if not plain idolatry . and therefore it is , that some unbyassed person , not without reason , fear , that the dissenters who have abandoned all , would have much more argument on their side , than they whoretain some . it being thus apparent , that the law was never intended to prevent such assemblies , whose only end of meeting is to worship and glorifie god , and that too according to the same fundamentals which the statute enforcers profess , it now remains to examin , whether the evidence offered be sufficient to make the dissenters guilty of the crimes assigned by the law , viz. disloyalty and insurrection . first then as for colour and pretence , they are only non-appearances lodg'd in the heart of man ; which are only disclosed to the omniscience of god himself . and therefore to judge of colour and pretence appertains only to god , and not to any law : from whence arose that common maxim , that de non apperentibus , the law takes no cognizance . much less is in the power of an informer to make oath of colour or pretence , until colour and pretence break forth into some overt and apparent act which may afford matter for testimony and proof . from whence it is plain , that unless there be due and sufficient proof made of false doctrine , seditious words , or contrivances tending to insurrection and disloyalty , which are the breaches of the law ; and law can never punish , where there is no breach committed . nor does the conscience of any magistrate oblige him to sine and levy upon the bare information of colour or pretence . as for the addition of those words , do or may contrive , it seems somewhat repugnant to reason , that plots and contrivances should ever be carried on in the publick assemblies of women and children ; so that the fear seems only to be of the teachers moving the people to sedition . but as for that , one would think it should be an argument rather for the permission of conventicles , it being a thing far more easie to discover a man that preaches open sedition , than one that goes from house to house , clandestinly insinuating the same doctrine . nor is this branch independant , but casts its influence into the whole crime described and intended by the act thus embody'd . if any person or persons shall be present at any conventicle , &c. under coulour or pretence of any exercise of religion , in other manner than according to the liturgy and practice of the church of england . perhaps some persons carry away with the present torment of unwary passion , may from hence assent that there is no other exercise of religion , that can be truly real and sincere , but only colourable and pretended , which is not performed in the very words of the liturgy , according to the common acceptation of the word in england . to which though there were no other answer to be given , yet the consequent words , and the practise of the church clearly contradict such an uncharitable paraphrase , for that in all parochial churches it is the general custom to pray both before and after sermon . but if the nature of the word liturgy be duly considered , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or liturgy is not more than the office of prayer : the compilers themselves call the english liturgy , an order for morning and evening prayer , or a set form of prayer , whereby it becomes only a species of the grand genus prayer or oration , by which with a true and humble contrition of heart , we address our selves to god , concerning such things as are consentaneous to his holy will ; and this divided into two parts invocation , and thanksgiving . now suppose that the liturgy of england , now the most exact liturgy in the world , as most certainly it is not , it cannot be thought that the dissenters are obliged by this statute to use no other prayers than what are set down in the liturgy , for then the law enforcers may be presum'd to lie under the penalties of the statute themselves . who after the full performance of all the duties of prayer , which is ordered in the liturgy both for morning and evening service , if it may not be said , out of a contempt of the liturgy , yet somewhat to the discredit of the liturgy , are never satisfied till they have given it the supplement of their tedious and vainly ostentatious additions of super-excellent and super-fine : which after a full performance of all the duties of innovation and thanksgiving , seems in them a kind of tautology forbidden in scripture . however because the dissenters using the same form of prayer , though not in the same words , avoid that inconvenience , therefore they must be reduced into obedience to something not well considered what it is , by constabl●s and informers . but there is a more exquisite liturgy yet , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or liturgy prescribed by our saviour himself ; which though out of veneration it be reduced into one prayer for general use ; yet is no other than a set form of prayer , teaching heedless mortals , who might else be extravagant in their petitions , the true matter of prayer ; that is , what we are to implore from god , and what we are to give thanks for , as enjoy'd . examin then the prayers of the dissenters , and if they differ either in the cause , the matter , the form , or end from the english liturgy of men , mentioned in the act , or the heavenly liturgy of christ , let them be delivered over to all deserved punishment ; but if their prayers be agreeable to the prescrib'd forms of both ; nay , if they be agreeable to the coelestial liturgy , though not according to the verbatim of the establish'd liturgy of england ; 't is a hard case that they should by any statute be adjudged not to exercise such a religion . if it be objected , that the notions of many are abortive , and through weakness may deserve reprehension , there is an easie way to remedy those errors by imposing a more equal injunction by the authority of church discipline , that no person should presume to ascend the pulpit with ex tempore raptures . for confirmation then that there is no need of using of form and order , so the matter be the same , there are many of the disciples prayers recorded in scripture , and there is no question to be made but that they were acceptable to god ; and yet we do not read they used the absolute form prescribed by our saviour , but expressed themselves in other words , though altogether agreeing for matter . upon the whole , suppose this question should be put , whether the apostles did use any other form than that which was taught them by christ ? there is , no doubt , but the answer will be , they did not . put then this question to the informer ; did the dissenters use any other prayers than what were agreeable to the church of england ? in the first place , 't is ten thousand to one , whether he be a competent judge . if he be not , he stakes his conscience at a dreadful hazard ; for it behoves him to swear positively in the affirmative , or else in justice his information , and all his hopes of gain , are lost . and thus by a rigid prosecution of uncharitable severity , a necessitous and greedy wretch is brought to this tempting dilemma , either to perjure himself , or lose his expectation . again , the liturgy it self is not always read altogether ; but on some days more , on some days less . the dissenters perhaps use least of all , yet they use some , for they read the reading psalms , a first and second lesson , and afterwards make use of singing psalms : so then it being apparent that the degree of comparison does not annihilate the subject of the comparison , it may be presumed that the dissenters are present at their conventicles , positively according to the liturgy of the church of england . which things not being considered , how uncharitably do they fall under the censure of lavish and inveterate pulpits ? in the last place , though it would be very unreasonable to disallow what has been already said ; yet should it be contradicted , the next words , or the practise of the church , will certainly give relief . for it is the practice of the church of england , to read and sing the psalms of david , to read the first and second lesson , and so do the dissenters ; many of them also militate under the same ordination : and if there be any that do not , 't is presumed they might soon be better advised , the refusal deserving reproof if they may be admitted , being certainly to be look'd upon as an obstinate piece of weakness . but which is more , as to the harmony of practice , they use the same sacraments , though perhaps with some small difference in the form and ceremony of administration , which one would think might be easily reconciled without all this combustion . there is one thing more to be considered upon the account of moral equity : that though the act of vniformity made in this his majesties raign , it is here expresly declared , that no other form or ceremony shall be used , but what is prescribed in that act , or in the book of common prayer : yet both by the act and the book it plainly appears , that the prosecutors of the dissenters make no scruple to dissent from what is there enacted , while they use several ceremonies that are not there , and omit much of what is there , as their going up and bowing to the altar , and reading second service there . their coming out of the pulpit , and reading part of the communion service in their desks , or at the altar again , and giving no blessing at all in pulpit : their setting the communion table altar-wise , richly adorned at the east end of the church , whereas it ought to be placed either in the body of the church , or in some convenient place , covered with a clean linnen-cloath . their turning their faces all of a sudden to the east , and bowing to the name of jesus , and not at the name of god or christ . these dispensations argue an apparent non-conformity , or over-conformity ; the same thing in strickness and partiality one among another : so that it seems a transgression not only against charity , but against common justice , to prosecute those that do no more than only non-conform to those very ceremonies which they themselves regard less of a publick statute , either neglect , or over act at their own will and pleasure . and for a further confirmation of the nonconformity of our most regular ( so pretending themselves ) conformists , point blank even against the very law of the land ; let them that please but consider , how many there are that dispence with non-residence , and pluralities , to the deteriment of many deserving persons that want , and positively against the statute of the of h. . and yet no question but they would think it hard measure to be prosecuted upon that law. so partial is a man to forgive those failings in himself , which he prosecutes in others . however , because all the meekness of perswasion and argument will not stop the career of some mens impetuosity in the prosecution of this act , it will not be from the purpose to cast an eye upon the executive part of the statute . in order to which the most considerable instructions are couched in the first and eleventh section . the instructions of the first section run thus . that it shall and may be lawful to and for any one or more iustices of the peace within the limits , &c. where such offence shall be committed , or for the chief magistrate of the place or corporation , and upon proof of such offence , either by the confession , or oath of two witnesses , or by notorious evidence and circumstance of the fact , to make a record under their hands and seals , which record shall to all intents , &c. be taken to be a full conviction , that thereupon , the said justices , &c. shall impose the sum of , &c. from which words it is clear , that by this clause no power is given to any magistrate to make out any general warrant upon this act till after conviction by two witnesses , or confession of the offender . neither has any constable to do with any such general warrant in reference to this act , unless the warrant grounded upon such a record as is mention'd in the act , upon confession or proof and conviction of the party by two witnesses be given into his hands . whence arises this question , whether any constable or head-borough that acts in relation to this statute , by vertue of a power not authorized by the literal words of the law , do not act at his own peril ? . whether he shall incur any penalty for not doing that which the law requires not at his hands ? for by this part of the law it is required only that the witnesses should be the informers . but by general warrants the constables , &c. are compelled to turn informers themselves , and to find themselves work to accuse their neighbours on purpose to find themselves yet more work to disturb and distrain upon their goods and persons : a duty which the literal sense of this paragraph does not in the least impose upon them . but the eleventh section is more particular in these words : and be it farther enacted , &c. that if any constable , &c. who shall know or be credibly informed of any such meetings held within his precinct , and shall not give information thereof , &c. according to his duty , and endeavour the conviction of the parties , but shall wilfully omit the performance of his duty in the execution of the act , and shall be convicted thereof , shall forfeit the sum of five pounds . by this paragraph it is very plain indeed , that if the constable do either know of himself , or be credibly informed , and do not do his duty he forfeiteth l. but still if he neither know nor be credibly informed , he is not bound to be so sedulous as to go upon the hunt. but suppose the constable , &c. should either know of himself , and be credibly informed , and should do his duty , that is , give information , and should receive a warrant to break open the house and enter : yet finding nothing of resistance , he is still but where he was , in regard that not having been there from the beginning to the end , he cannot be positive , whether the persons there assembled did exercise a religion according to the liturgy or practice of the church of england or not , which if they did , he has no power either to take their names , or apprehend their persons , unless they should be so imprudent as to make resistance , and give an occasion for their military power to be raised for their suppression , for then as mutineers and seditious persons , they break their own peace by disturbing the kings , and by making it appear they are the persons intended by this act , render themselves obnoxi us not only to the penalties of this but of much more severe laws . from which enjoyning of the military officers to be aiding and assisting to the constables with armed force , reason may not improperly collect the sense and meaning of the act to be no other than what has been already presum'd . for armed force and constabl●s , could never be intended by the law against passive submission and obedience . naked swords and constables staves could never be intended by christian legislators to compel the compliance of sincere and upright conscience , to things of small concernment in respect of those fundamentals wherein the prosecutors and the prosecuted both agree . and therefore while the civil magistrate has taken such extraordinary care for the publick safety and tranquility of the nation , it should not be the aim of others to carve out for them their care , the support and maintenance of any by interest whatever : an aim too apparent , by their publick dissatisfaction , and open exclaiming against that noble act of his majesties most royal goodness , his declaration for liberty of conscience ( too unhappily severe those counsels that removed the land-mark of his regal benignity . a presumption that they believe themselves more worthy or more able to manage that part of prerogative themselves , and grutch him the exercise of his right . whereas the legislators with more duty provide that nothing in their act shall extend to invalidate or avoid his majesties supermacy in ecclesiastical affairs . but the dissenting protestants acknowledge their soveraign to be both king and priest : a king as he is the supream head of the government ; a priest as the supream head of the church . to whom , as their lawful soveraign and head of the government , as they have been alwaies ready to yield the utmost of their obedience , so shall they never withdraw from him the utmost of their fidelity . and from whose priestly office they have yet hopes to feel the influences of his former grace and mercy , when their cause shall be better examined . for 't is not the exasperation of the pens of wicked men continually scribling division , nor the subornations of popery to fix imaginary plots , and load their innocence with the guilt and villanies of others , but the truth of their profession , and their upright walking before god and man , which they hope will at length turn the reproaches and calumnies of their enemies upon their own heads . 't is vnion which all true protestants desire , which they daily implore from god. there is nothing but vnion wanting in this rich and plentiful land. which as it is only obstructed by papists , or persons papistically affected , as it is apparent by their daily machinations and contrivances to unsetle and weaken the true protestant interest ; so there can be no greater argument for protestants to unite with protestants against the common enemy of their religion . from these and grounds of the same nature , there are some who have drawn this general conclusion , that it would be more conducing to the good of the kingdom , and the benefit of the protestant religion , that the penal laws against non-conformists , in reference to differences of religion , might not be put in execution , but forborn , till our most gracious soveraign , and his great council the parliament , should take the state of divided protestants into their wise consideration , and reduce things to a happier legal establishment . eor proof of which it may not be altogether improper to give a short recapitulation of the reasons brought in defence of the position . . that it cannot be good to execute the of eliz. which the whole parliament thought dangerous to the whole protestant interest in england , and did as far as in them lay disannul . . it cannot be proper to execute that law upon them who cannot properly be guilty of the crime at which the law aims . . it cannot be proper to execute any law upon dissenting protestants , which was promoted by men popishly inclined , and which since appeared to be papists , as was the five mile act. . because it seems somewhat preposterous to rid the land of dissenting protestants , persons professing true religion and loyalty , yet leave the papists the enemies of the king and church to stay behind . . because the penal laws are to be inflicted upon the proper objects , as seditious sectaries , disloyal persons , hypocrites , that make religion a cloak and pretence to install principles of schism and sedition , not upon meetings where there is no tendency to any such designs . . a sixth argument is drawn from the piety of the non-conformists principles , and the peaceableness of their behaviour , found so to be from the experience of many years . . because they are protestants ; and it seems not so well done to use protestants , the kingdoms friends , and strength worse than papists , the enemies of the kingdom and protestant religion . . because it is not good to execute the law with a heavy hand upon all and every offender , without making a difference between one man and another , between one offence and another . . because by their publick preaching their judgments and practises are best discovered , and being in the head of the younger dissenters , they are as directions and examples to them , to keep them from dangerous excursions . . because that when pious and good men have their publick liberty , and make use of that liberty only to instruct the people in their duty to god and the king , &c. one chief end of the magistrates care of the state is obtained , which is to maintain sound doctrine . . because thereby they will be better enabled and encouraged to perform other good offices to the king and state. . then in reference to the church , these reasons are added : . because agreeing in fundamentals with their prosecutors , they are a great addition of strength against the force and subtleties of rome . . because thereby schism will come to a greater closure , when the church shall be satisfied in their profitable doctrine and peaceable behaviour , which will create a greater desire of peace and union . . because by this publick preaching , multitudes of poor souls that will go no where else , are in the way of salvation and profession of the gospel , of which some divines of the church of england are so deeply sensible , that they treat the non-conformists as friends and fellow labourers . all which reasons are more at large discussed in the conformists plea for the non-conformists , to which the reader is referred . there remains now no more than only the humble proposal of some few queries , and so to conclude . first in reference to the church . . whether a dissenter may be lawfully prohibited from preaching the word of god in truth and sincerity , at any time , or in any place ? . whether by the blessings and rewards that are promised to those that propagate the doctrine of christ , they are not obliged to do it ? . whether the example of christ and his disciples does not admit of preaching in houses , streets and fields to more than five in a company ? . whether it be not something erroneons for the law of man to contradict the law — . whether the passive obedience of persons prohibited by a law from preaching the word of god , be not destructive to the propagation and maintenance of the gospel of christ ? . in reference to the law of the land. . whether the opinion of the commons of england , that the prosecution of protestant dissenters , upon the penal laws , is at this time grievous to the subject , a weakning of the protestant interest , and an encouragement to popery , and dangerous to the peace of the kingdom , ought not to be taken into a more serious consideration ? . whether the prosecution of dissenters does not seem a little strange , as to the present timing of it , when the papists lie under several convictions of seeking the ruin of the protestant religion in the kingdom , and when the kingdom is under such fears and jealousies of the predominancy of their abettors ? . whether it be not more proper to begin with popery before they go about to extirpate non-conformity ? . whether they who have with so much inveteracy rak'd into the forgotten and pardon'd miscarriages of the presbyterians , had not better have spar'd their pains , as nothing at all to the purpose , except to what is unbecoming either peaceable or wise men ? . fifthly , whether a law that creates arbitrary distresses and imprisonments , be not contrary to the fundamentals of magna charta . . in reference to the law of scripture and nature . . whether the proceedings of the law enforcers be not contrary to the doctrine of christ , whatever ye would that men should do unto you , do ye even the same unto them , for this is the law and the prophets ? . whether it be according to scripture ; for protestants acknowledging the same jesus , the same scripture , and agreeing in the fundamentals of religion , only for differences in human ceremonies to tear and devour one another ? . whether in point of appeal to make parties themselves judges , be a thing usual ? . whether in the prosecution of protestants by protestants , to make use of informers and promooters , which the lord cook calls , turbiolum hominum genus , instead of christian advice and solid arguments , be according to scripture ? . in point of policy . . whether it be not against the rules of policy , for english-men of the same religion , by cruelties and severities to destroy one another , which must of necessity weaken the force , and destroy the trade of the nation ? it being one of the lord cook 's maxims , that a king can never be poor when his subjects are rich ; and therefore , . whether it be not against the rules of policy to set up a law for the encouragement of vexatious informers , who under the reverend mantle of love and justice ( to use the lord cook 's own words ) instituted for the protection of the innocent , and the good of the common-wealth , vex and depauperize the subject for malice and private ends , never for love of justice ? . whether it be not contrary to the rules of prudence to make attempts in fruitless undertakings , since it is found by experience , that persecution rather encreases than appeases enmity , and the common maxim is , that sanguis martyrum est semen ecclesiae ? . whether forbearance and mildness would not absolutely remove the scandal given to the protestant churches abroad , and endear us to our forraign protestant alliances ? . whether it be prudence to afflict protestants at home , when we entertain afflicted protestants from abroad ? . whether by these unnatural divisions the necessary leagues and tyes of friendship and acquaintance , common trust and confidence among men , may not in time be broken , to the ruin of all society ? . whether the wicked distinctions of tory and whigg , &c. were not set on foot to encrease the dissentions between protestants , and whether the invention and the malicious continuance of them , do not deserve a punishment equal to the worst of felonies ? . in reference to the executive part . . whether the issuing out of general warrants by the justices of the peace not authorized by the statute , do not render them obnoxious to other laws . . whether it be not almost morally impossible to swear a dissenters meeting to be contrary to the liturgy or practice of the church of england , where there is no overt act of publick disturbance , or seditious doctrine ? . whether the prosecution of this law do not afford several advantages to the spiteful and revengeful to reck their spleen upon their neighbours upon every slight disgust or falling out ? . whither it do not afford great opportunitis of combination between some needy justice of the peace , and their more needy associate the informer , to prosecute unlawful gain ; it being the general complaint of treble distresses made without any return ? . whether the constable not being authorized to break open any door , or force and gate or hedge , if the informer be so fool-hardy as to do either , and the constable follow him , the constable and the informer are not liable to the law ? . whether there be any penalty above l. ( directed by this act ) to be laid upon a constable that shall be negligent in making distresses pursuant to his warrants , it being a try'd case at bury assizes in suffolk , . or . before the l. c. j. scroggs , where no more was recorded , although the warrants were for some hundreds of pounds ? . whether it be not positively against the statute for the observation of the lords day , by which it is expresly enacted , that no warrants shall be served upon that day , but in cases of treason , felony , or breach of the peace , to serve a warrant upon a religious meeting ? this being the state of the dissenters case , there nothing remains behind , but for that most sacred and heavenly vertue charity , to give up a true determination , accroding to the precepts of scripture , reason and morality , and the rules of christian government . although i cannot think but that most men are satisfied , that the act of the of eliz. is expired , yet i thought it might not be amiss to subjoin hereunto the said act at large , with all other statutes made since that act that have any reference to it ; there have been so many solid arguments given , by men understanding in the law , to prove the expiration of it , that i shall not adventure to say any thing after them . the most material act upon which dissenters , are likely to be prosecuted , is that of the of his present majesty , which hath been the subject of most of the preceding discourse , therefore i have also inserted that at laage . vestigia veritatis , &c. an act to retain the queens majesties subjects in their due obedience . for the preventing and avoiding of such great inconveniences and perils as might happen and grow by the wicked and dangerous practices of seditious sectaries and disloyal persons , be it enacted by the queens most excellent majesty and by the lords spiritual and temporal , and the commons in this present parliament assembled , and by the authority of the same , that if any person or persons above the age of years which shall obstinately refuse to repair to some church , chappel , or usual place of common-prayer , to hear divine service established by her majesties laws and statutes , in that behalf made , and shall forbear to do the same by the space of a month next after , without lawful cause , shall at any time after days next after the end of this session of parliament by printing , writing , or express words or speeches advisedly and purposely practise or go about to move , or persuade any of her majesties subjects or any other within her highness realms or dominions , to deny , withstand , and impugn her majesties power and authority in causes ecclesiastical united and annexed to the imperial crown of this realm , or to that end or purpose shall advisedly or maliciously move or persuade any other person whatsoever to forbear or abstain from coming to church to hear divine service or to receive the communion according to her majesties laws and statutes aforesaid , or to come to or to be present at any unlawful assemblies , conventicles , or meetings ; under colour or pretence of any exercise of religion , contrary to her majesties said laws and statutes , or if any person or persons which shall obstinately refuse to repair to some church , chappel , or usual place of common prayer , and shall forbear by the space of a month to hear divine service as is aforesaid , shall after the said forty days either of him or themselves or by the motion , persuasion , entertainment or allurement of any other , willingly joyn in or be present at any such assemblies , conventicles or meetings , under colour or pretence of any such exercise of religion contrary to the laws and statutes of this realm as is aforesaid ; that then every such person so offending as aforesaid , and being thereof lawfully convicted , shall be committed to prison , there to remain without bayl or mainprise , until they shall conform and yield themselves to come to some church , chappel or usual place of common prayer and hear divine service , according to her majesties laws and statutes aforesaid , and to make such open submission and declaration of their said conformity as hereafter in this act is declared and appointed . provided always and be it further enacted by the authority aforesaid , that if any such person or persons which shall offend against this act as aforesaid , shall not within three months next after they shall be convicted for their said offence , conform themselves to the obedience of the laws and statutes of this realm in coming to the church to hear divine service , and in making such publick confession and submission as hereafter in this act is appointed and expressed , being thereunto required by the bishop of the diocess or any justice of the peace of the county where the same person shall happen to be , or by the minister or curate of the parish , that in every such case every such offender being thereunto warned & required by any justice of the peace of the same county where such offenders shall then be , shall upon his and their corporal oath before the justices of the peace in the open quarter sessions of the same county , or at the assizes and gaol-delivery of the same county before the justices of the same assises and gaol delivery , abjure this realm of england and all other the queens majesties dominions for ever , unless her majesty shall licence the party to return ; and thereupon shall depart out of this realm , at such haven or port , and within such time as shall in that behalf be assigned and appointed by the said justices before whom such abjuration shall be made , unless the same offender be letted or stayed by such lawful and reasonable means or causes as by the common laws of this realm are permitted and allowed in cases of abjuration for felony . and in such cases of let or stay , then within such reasonable and convenient time after as the common law requireth in case of abjuration for felony as is aforesaid . and that the justices of peace before whom any such abjuration shall happen to be made as is aforesaid , shall cause the same presently to be entred of record before them , and shall certifie the same to the justices of assises and gaol delivery of the said county , at the next assises or gaol-delivery to be holden in the same county . and if any such offenders which by the tenour and intent of this act is to be abjured as is aforesaid , shall refuse to make such abjuration as is aforesaid , or after such abjuration made , shall not go to such haven and within such time as is before appointed , and from thence depart out of this realm according to this present , act , or after such his departure shall return or come again into any her majesties realms or dominions without her majesties special licence in that behalf first had and obtained : that then in every such case the person so offending shall be adjudged a felon , and shall suffer as in case of felony without benefit of clergy . and furthermore be it enacted by the authority of this present parliament . that if any person or persons that shall at any time hereafter , offend against this act , shall before he or they be so warned or required to make abjuration according to the tenour of this act , repair to some parish church on some sunday or other festival day , and then and there hear divine service , and at the service time before the sermon , or reading of the gospel , make publick and open submission and declaration of his and their conformity to her majesties laws and statutes as hereafter in this act is declared and appointed ; that then the same offender shall thereupon be clearly discharged of and from all and every the penalties and punishments inflicted or imposed by this act for any of the offences aforesaid . the same submission to be made as hereafter followeth , that is to say : i. a. b. do humbly confess and acknowledg , that i have greivously offended god in contemning her majesties godly and lawful government and authority , by absenting my self from church , and from hearing divine service , contrary to the godly laws and statutes of this realm , and in using and frequenting disordered and unlawful conventicles and assemblies , under pretence and colour of exercise of religion ; and i am heartily sorry for the same , and do acknowledg and testifie in my conscience that no other person hath or ought to have any power or authority over her majesty . and i do promise and protest without any dissimulation or any colour or means of any dispensation , that from henceforth i will from time to time obey and perform her majesties laws and statutes , in repairing to the church and hearing divine service , and do mine uttermost endeavour to maintain and defend the same . and that every minister or curate of every parish where such submission and declaration of conformity shall hereafter be so made by any such offender as aforesaid , shall presently enter the same into a book to be kept in every parish for that purpose , and within ten days next following , shall certifie the same in writing to the bishop of the said diocess . provided nevertheless , that if any such offender after such submission made as is aforesaid , shall afterwards fall into relapse , or eftsoons , obstinately refuse to repair to some church , chappel , or usual place of common prayer , to hear divine service , and shall forbear the same as aforesaid , or shall come and be present at any such assemblies , conventicles , and meetings , under colour or pretence of any exercise of religion , contrary to her majesties laws and statutes . that then every such offender shall lose all such benefit as he or she might otherwise by vertue of this act , have or enjoy by reason of their said submission , and shall thereupon stand and remain in such plight , condition and degree to all intents , as though such submission had never been made . and for that every person having house and family , is in duty bounden to have special regard of the good government and ordering of the same ; be it enacted by the authority aforesaid , that if any person or persons shall at any time hereafter , relieve , maintain , retain or keep in his or their house or otherwise , any person which shall obstinately refuse to come to some church , chappel , or usual place of common prayer to hear divine service , and shall forbear the same by the space of a month together , contrary to the laws and statutes of this realm , that then every person which shall so relieve , maintain , retain , or keep any such person offending as aforesaid , after notice thereof to him or them given by the ordinary of the diocess , or any justices of the assizes of the circuit , or any justice of peace of the county , or the minister , curate , or church-wardens of the parish where such person shall then be , or by any of them , shall forfeit to the queens majesty for every person so relieved , maintained , retained or kept after such notice as aforesaid , ten pounds for every month , that he or they shall so relieve , maintain , retain or keep any such person so offending . provided nevertheless , that this act shall not in any wise extend to punish or impeach any person or persons for relieving , maintaining , or keeping his or their wive , father , mother , child or children , wardes , brother or sister , or his wives father or mother , not having any certain place of habitation of their own , or the husbands or wives of any of them , or for relieving , maintaining , or keeping any such person as shall be committed by authority to the custody of any by whom they shall be so relieved , maintained or kept , any thing in this act contained to the contrary notwithstanding . and for the more speedy levying and recovering for and by the queens majesty of all and singular the pains , duties , forfeitures and payments , which at any time hereafter shall accrue , grow or be payable by vertue of this act , or of the statutes made in the th . year of her majesties reign concerning recusants : be it enacted by the authority aforesaid , that all and every the said pains , duties , forefeitures , and payments , shall and may be recovered and levied to her majesties use , by action of debt , bill , plaint , information , or otherwise in any of the courts commonly called kings bench , common pleas , or exchequer ; in such sort and in all respects as by the ordinary course of the common laws of this realm , any other debt due by any such person in any other case should or may be recovered or levied wherein no essoign , protection or wager of law shall be admitted or allowed . provided always that the third part of the penalties to be had or received by vertue of this act , shall be imployed and bestowed to such good and charitable uses , and in such manner and form as is limitted and appointed in the statute made in the th year of her majesties reign touching recusants . provided also that no popish recusant or feme-covert shall be compelled or bound to abjure by vertue of this act. provided also that every person that shall abjure by force of this act , or refuse to abjure being thereunto required as aforesaid , shall forfeit and lose to her majesty all his goods and chattels forever , and shall further lose all his lands tenements and hereditaments , for and during the life of such offender and no longer ; and that the wife of any offender by force of this act shall not lose her dower ; nor that any corruption of blood shall grow or be by reason of any offence mentioned in this act ; but that the heir of every such offender by force of this act shall and may after the death of every offender have and enjoy the lands , tenements and hereditaments of such offender , as if this act had not been made . and this act to continue no longer than the end of the next session of parliament . anno eliz. cap. . an act for the reviving , continuance , explanation , perfecting and repealing of divers statutes . and amongst others it is there thus expressed , viz. and wherein the parliament holden at westminster the . day of february in the th year of the queens majesties reign that now is , there was an act made , intituled , an act to retain the queens majesties subjects in their due obedience ; be it enacted by the authority of this present parliament that this act ( viz. of eliz. ) as well as the other there recited statutes and acts , shall be by authority of this present parliament revived , continued , and endure in force and effect until the end of the next parliament next ensuing . the next parliament was begun and holden at westminister the th day of october in the th of eliz. and there continued until the dissolution thereof , being the th of december next following , anno . and there in the th chapter , sect. . this eliz. is again continued by the statute intituled , an act for continuance of divers statutes , and for repeal of some others . as the . sect. of the said act does make to appear . the words are these , be it enacted by the authority of this present parliament that the same shall be continued and remain in force until the end of the first session of the next parliament . at the parliament begun and holden at westminster the th day of march , the first year of king james , and there continued until the th of july , anno and then prorogued until the th of february next following , which ended that session . in the th chapter intituled , an act for continuing and reviveing of divers statutes , and for repealing of some others , in sect. the th and the th this eliz. and among divers acts , is again continued in these words , viz. shall be continued and remain in force until the end of the first session of the next parliament . at the second session of parliament begun and holden by prorogation at westminster , the th day of november , in the third year of king james , and there continued until the th of may , and from thence prorogued till the th of november next following , there is no mention at all made of any continuance of this eliz. neither was there any mention made of this said eliz. at the next session of the said parliament , begun and holden at westminster , by prorogation the th day of november , in the th year of king james , which session ended the th of july , anno . and then was prorogued until the th day of november next following . nor during all the fourth session of the said parliament , begun and holden by prorogation at westmimster , the th day of february , in the th of king james , and there continued until the th day of july , ( and then prorogued until the th day of october next following . anno . ) was there any the least mention of a continuance of this said elizabeth . the vacation after hil. . jac. memorand . that on monday the th of february at serjeants-inn , upon the assembly of all the justices to take consideration upon the statute of eliz. c. . for the abjuration of sectaries ; the attorny general and serjeant crew being there , after the perusal of the statute , and the continuances thereof , it was first upon debate considered , whether this statute was in force or discontinued , and upon the perusal of the proviso in the statute of subsidy , and upon reasoning the matter , these points were resolved . . if a parliament be assembled , and divers orders made , and a writ of error brought , and a record delivered to the higher house , and divers bills agreed , but no bills signed ; that this is but a convention , and no parliament or session ; as it was anno jac. in which ( as it was affirmed by them which had seen the roll ) it is entred that it is not any session ; or parliament , because that no bill was signed , vide . h. . brook parliament . . every session in which the king signs bills is a parliament . . it was agreed , that if divers statutes be continued until the next parliament or next session , and there is a parliament or a session and nothing done therein as to continuance , all the said statutes are discontinued and gone . and then it was moved whether this statute was discontinued , and seriatim , jones , chamberlain , hutton , denham , haughton , dodderidge , winch and bromley declared their opinions , that this statute is discontinued , and that the statute of subsidy is a parliament , and that every parliament is a session , but not e converso , for one parliament may have divers sessions as the parliament jac. had four , and ended jac. vide . h. . bro. parl. . and that this proviso is not to any other purpose but to continue their proceedings in the same estate as if this act had not been made , and if this proviso had not been , then this statute had been discontinued by this act of subsidy , but when this ends and is determined , then is the session ended , then it is a session , scil . a parliament , which ought to be pleaded , at the parliament holden , &c. and all the commissions of subsidy are accordingly and the proviso call it a session ; then this being done , the lord chief baron did not deliver any opinion , for he said , that he had not considered the statute , and afterwards it was desired that the lords would deliver their opinions , and thereupon the lord hobart declared his opinion accordingly , that it seemed to him that it was a session , and that it was not safe to meddle with such law ; and that he would never refuse to declare his opinion with his brethren . after the lord chief justice ley made a long discourse concerning the purpose and intent of parliament , scilicet , that it was not their purpose to destroy so good laws , and therefore it was not any such session , as was within the intent of the preceding parliament , which was , that these should determine when it is a parliament or session , in which good laws are made . and doderidge said , that it was fit to see the commission , and that that which hath been said , was not to bind any one , but every one spoke what then he was advised of , and peradventure might change upon better consideration . and afterwards , upon tuesday on an assembly of the two chief justices , the chief baron , justice haughtom , baron denham , hutton , chamberlain , and jones the attorney general brought the commission de eliz. june . and that had these words ; pro eo quod nullus regalis assensus , nec responsio per nos praestat . fuit nullum parliamentum nec aliqua sessio parliamenti lata aut tent . fuit . they have power to adjourn this parliament thus begun , and the commission to dissolve this parliament feb. anno. jac. had the same words , saving that he recite that he had given his royal assent to an act of subsidy , by which was intended , that it should not be a session ; and upon view of the commission , the lord chief justice moved that the king was mistaken in this , that he had given power to dissolve this parliament , which had not any session , and if it be a session , then he had no power to dissolve it , and then it is as it were a recess , and a parliament cannot be discontinued or dissolved , but by matter of record , and that by the king alone ; and if the parliament yet continue , then this statute also continue during the parliament by the proviso ; but that would not serve : for first it is against the intent of the king , and against his proclamation : and also the case is truly put in the commission , as to the matter in fact ; and he is not misinformed , but mistaken in the law , and then the commission for the dissolving is good , semblable to the lord chandois case , and other cases , vide in cholmley's case ; but because that all the judges were not at this conference , therefore it was deferred until the next term ; and in the interim the grand secretary and the attorney general were to inform the king , that the statute is obscure , and had not been put in ure , and that we could not agree . si divers sessions sont in vn mesme parlement & le roy ne signe bille tanque al darren , la tout nest que un mesme jour , & tent avera relation al primer jour del primer session & le primer jour & le darren jour nest que un mesme parlement & un mesme jour in ley , nisi special mention soit fait in pact quant ceo prendra force ; mes chescun session in que le roy signe les billes est un jour a per lui , & un parlement a per luy & navera auter relation , mes a mesme le session : quod not a diversitatem ( . h. . ) bro. tit. parl. fol. . b. num . . that is in english , if there be divers sessions in one and the same parliament , and the king signeth no bill until the last day , there all is but one and the same day , and all shall have relation to the first day of the first session , and the first day and the last day is but one and the same parliament , and one and the same day in law , unless there be special mention made in the act when that shall take its force ; but every session wherein the king signeth any bills , is a day by it self , and a parliament by it self , and shall have no other relation but to the same session ; wherein note the diversity . h. . when a parliament is called and doth sit , and is dissolved without any act of parliament passed , or judgment given , it is no session of parliament , but a convention , coke . inst . fo . . vide also . bulstr . fo . . in hobart's rep. p. . it is st. john's case , there was an action brought on the statute . h. . for not returning one burgess , &c. and there it is said , the parliament was as none , because there was no act nor record of it . and in p. . hobart says , the jacobi ( which if you be judged by the journal , was a large , and well occupied parliament ) because no act passed , nor record is of it , was resolved by all the judges to be no parliament . and now we are come to the parliament begun and holden at westminster , the of february , in the year of king james , which was there continued until the day of may following , and then prorogued to the second day of november , anno . and there , in the chapter , is an act intituled , an act for continuing and reviving of divers statutes , and repeal of divers others . wherein are these words , viz. and so much of one act made in the year of the reign of the said late q. elizabeth , intituled , an act to retain the queens majesties subjects in their due obedience , as hath not been sithence repealed by any other statute ( and the other statutes which are there mentioned ) shall , by vertue of this act be judged ever since the session of parliament in the th . year of his majesties reign of england to have been of such force and effect as the same were the last day of that session , and from thenceforth until the end of the first session of the next parliament . well , in the next parliament begun and holden at westminster the day of june , anno . in the first year of king charlis the i. and there continued until the th . day of july following , and then adjourned until the first day of august following unto oxford , several acts passed and by a special bill then past , it was enacted as followeth , ( it is the th chapter in keeble ) viz. and all statutes and acts of parliament which are to have continuance unto the end of this present session shall be of full force after the said adjournment , until this present session be fully ended and determined , and if this session shall determine by dissolution of this present parliament , then all the acts aforesaid , shall be continued until the end of the first session of the next parliament . at the next parliament begun and holden at westminster the th day of march , anno . in the d year of king charles the i. there is an act in the fourth chapter , intituled , an act for repeal and continuance of divers statutes , among which in the section this eliz. is mentioned thus , viz. and so much of one act made in tho year of the reign of the late q. eliz. intituled an act to retain the queens majesties subjects in their due obedience , as hath not been since repealed by any other statute ; and in the d section it enacts , that this of eliz , by vertue of this act shall be and continue until the end of the first session of the next parliament , holden in the first year of the reign of our sovereign lord the king that now is . from that d year unto the there is no mention made ( * as the observer has truly remark'd ) of any thing relating to the . eliz. but in the ( at the parliament begun at westminster the d day of november , anno . c. . ) it is enacted as followeth , viz. and be it enacted by the authority aforesaid , that the passing of this present act , or of any other act or acts , or his majesties royal assent to them or any of them in this present session of parliament , shall not be any determination of the said session , and that all statutes and acts of parliament which have their continuance , or were by an act of parliament made in the d year of the reign of his majestie that now is , intituled , an act for the continuance and repeal of divers statutes continued until the end of the first session of the then next parliament , shall , by virtue of this act be adjudged ever since the session of parliament in the said third year to have been of such force and effect as the same were the last day of that session , and from thenceforth until some other act of parliament be made , touching the continuance or discontinuance of the said statutes and acts in the said act of the third year of his majesties reign continued , as aforesaid . and from this statute we find nothing of the eliz. cap. . till we come to the of his now majesty , and that act i have recited here at large , as followeth , viz. an act to suppress seditious conventicles . vvhereas an act made in the th . year of the reign of our late sovereign lady the queen elizabeth , entituled , an act to retain the queens majesties subjects in their due obedience , hath not been put in execution by reason of some doubt of late made whether the said act be still in force , although it be very clear and evident , and it is hereby declared , that the said act is still in force , and ought to be put in due execution . . for providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious sectaries , and other disloyal persons , who under pretence of tender consciences do at their meetings contrive insurrections , as late experience hath shewed : . be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual and temporal , and the commons in this present parliament assembled , and by authority of the same ; that if any person of the age of years or upwards , being a subject of this realm , at any time after the first day of july , which shall be in the year of our lord , shall be present at any assembly , conventicle , or meeting , under colour or pretence of any exercise of religion , in other manner than is allowed by the liturgy or practice of the church of england , in any place within the kingdom of england , dominion of wales , and town of berwick upon tweed ; at which conventicle , meeting , or assembly , there shall be five persons or more assembled together , over and above those of the same houshold ; then it shall and may be lawful to and for any two justices of the peace of the county , limit , division , or liberty , wherein the offence aforesaid shall be committed , or for the chief magistrate of the place where such offence aforesaid shall be committed , ( if it be within a corporation where there are not two justices of the peace ) and they are hereby required and enjoyned , upon proof to them or him respectively made of such offence , either by confession of the party , or oath of witness or notorious evidence of the fact , ( which oath the said justices of the peace and chief magistrate respectively , are hereby impowered and required to administer ) to make a record of every such offence and offences , under their hands and seals respectively ; which record so made as aforesaid , shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence . and thereupon the said justices and chief magistrate respectively , shall commit every such offender so convicted as aforesaid , to the gaol or house of correction , there to remain without bail or mainprise , for any time not exceeding the space of three moneths , unless such offender shall pay down to the justices or chief magistrate such summ of money , not exceeding l. as the said justices or chief magistrate , ( who are hereby thereunto authorized and required ) shall fine the said offender at , for his or her said offence ; which money shall be paid to the churchwardens , for the relief of the poor of the parish where such offender did last inhabit . . and be it further enacted by the authority aforesaid , that if such offender so convicted as aforesaid , shall at any time again commit the like offence contrary to this act , and be thereof in manner aforesaid convicted , then such offender so convict of such second offence shall incurr the penalty of imprisonment in the gaol or house of correction , for any time not exceeding six moneths without bail or mainprise , unless such offender shall pay down to the said justices or chief magistrate , such summ of money , not exceeding l. as the said justices or chief magistrate ( who are thereunto authorized and required as aforesaid ) shall fine the said offender at , for his or her said second offence , the said fine to be disposed in manner aforesaid . . and be it further enacted by the authority aforesaid , that if any such offender so convict of a second offence , contrary to this act in manner aforesaid , shall at any time again commit the like offence contrary to this act , then any two justices of the peace , and chief magistrate as aforesaid respectively , shall commit every such offender to the gaol or house of correction , there to remain without bail or mainprise , untill the next general quarter sessions , assizes , gaol-delivery , great sessions , or sitting of any commission of oyer and terminer in the respective county , limit , division , or liberty which shall first happen , when and where every such offender shall be proceeded against by indictment for such offence , and shall forthwith be arraigned upon such indictment , and shall then plead the general issue of not guilty , and give any special matter in evidence , or confess the indictment . and if such offender proceeded against shall be lawfully convict of such offence , either by confession or verdict ; or if such offender shall refuse to plead the general issue , or to confess the indictment ; then the respective justices of the peace at their general quarter sessions , judges of assize and gaol-delivery , at the assizes and gaol-delivery , justices of the great sessions at the great sessions , and commissoners of oyer and terminer at their sitting , are hereby enabled and required to cause judgment to be entered against such offender , that such offender shall be transported beyond the seas to any of his majesty's forein plantations , ( virginia and new engl. only excepted ) there to remain seven years ; and shall forthwith under their hands and seals make out warrants to the sheriff or sheriffs of the same county where such conviction or refusal to plead or to confess as aforesaid shall be , safely to convey such offender to some port or haven nearest or most commodious to be appointed by them respectively , and from thence to embarque such offender , to be safely transported to any of his majesty's plantations beyond the seas , as shall be also by them respectively appointed , ( virginia and new england onely excepted . ) whereupon the said sheriff shall safely convey and embarque , or cause to be conveyed or embarqued , such offender to be transported as aforesaid , under pain of forfeiting for default of so transporting every such offender the summ of l. of lawful money , the one moiety thereof to the king , and the other moiety to him or them that shall sue for the same , in any of the kings courts of record , by bill , plaint , action of debt , or information ; in any of which no wager of law , essoin , or protection shall be admitted . and the said respective court shall then also make out warrants to the several constables , head-boroughs , or tythingmen of the respective places , where the estate real or personal of such offender to be transported shall happen to be , commanding them thereby to sequester into their hands the profits of the lands , and to distrain and sell the goods of the offender so to be transported , for the reimbursing of the said sheriff , and such reasonable charges as he shall be at , and shall be allowed him by the said respective court for such conveying and embarquing of such offender so to be transported , rendring to the party , or his or her assigns , the overplus of the same if any be , unless such offender , or some other on the behalf of such offender so to be transported , shall give the sheriff such sureties as he shall approve of for the paying all the said charges unto him . . and be it further enacted by the authority aforesaid , that in default of defraying such charges by the parties to be transported , or some other in their behalf , or in default of security given to the sheriff as aforesaid ; it shall and may be lawful for every such sheriff to contract with any master of a ship , merchant , or other person , for the transporting of such offender at the best rate he can ; and that in every such case it shall and may be lawful for such persons so contracting with any sheriff for transporting such offender as aforesaid , to detain and imploy every such offender so by them transported , as a labourer to them or their assigns , for the space of five years to all intents and purposes , as if he or she were bound by indentures to such person for that purpose . and that the respective sheriffs shall be allowed or paid from the king upon their respective accounts in the exchequer all such charges by them expended for conveying , embarquing , and transporting of such persons , which shall be allowed by the said respective courts , from whence they received their respective warrants , and which shall not have been by any of the ways aforementioned paid , secured , or reimbursed unto them as aforesaid . vii . provided always , and be it further enacted , that in case the offendor so indicted and convicted for the said third offence , shall pay into the hands of the register or cler of the coart or sessions where he shall be conuicted ( before the said court or sessions shall be ended ) the sum of l. that then the said offendor shall be discharged from transportation , and the judgment for the same . . and be it further enacted , that the like imprisonment , indictment , arraignment and proceedings , shall be against every such offender , as often as he shall again offerd , after such third offence , nevertheless is dischargeable and discharged by the payment of the like sum , as was paid by such offendor for his or her said offence next before committed together with the additional and increased sum of l. more upon every new offe●ce committed , the said respective sums to be paid as aforesaid : and to be disposed of as followeth ( viz. ) the one moiety for the repair of the parish-church , or churches , chappel , or chappels of such parish within which such conventicle , assembly , or meeting shall be held , and the other moiety to the repair of the high-ways of the said parish , or parishes ( if need require ) or otherwise for the amendment of such high ways as the justices of the peace at their respective quarter-sessions shall direct and appoint . and if any constable , head orough , or tythingman , shall neglect to execute any the said warrants made unto them for sequestring distraining and selling any of the goods and chattels of any offendor against this act , for the levying such sums of money as shall be imposed for the first or second offence , he shall forfeit for every such neglect the sum of l. of lawful money of england , the one moiety thereof to the king , and the other moiety to him that will sue for the same in any of the kings courts of record as aforesaid . and if any person be at any time su●d for putting in execution any of the powers contained in this act , such person shall and may plead the general issue and give the special matter in evidence . and if the plaintiff be non-suit . or a verdict pass for the defendant thereupon , or if the plaintiff discontinue his action , or if upon demurrer judgment be given for the defendant , every such defendant shall have his or their treble costs . . and be it further enacted , that if any person against whom judgment of transportation shall be given in manner aforesaid , shall make escape before transportation or being transported as aforesaid , shall return unto this realm of england dominion of wales , and town of barwick upon tweed , without the special licence of his majesty , his heirs , and successors , in that behalf first had and obtained . that the party so escaping , or returning , shall be adjudged a fellon , and shall suffer death , as in case of fellony without benefit of clergy , and shall forfeit and loose to his majesty , all his , or her goods and chattels for ever ; and shall further loose to his majesty all his , or her goods and chattels , lands , tenements and hereditaments , for and during the life of such offendor , and no longer . and that the wife of any such offendor by force of this act shall not lose her dower , nor shall any corruption of blood grow , or be , by reason of any such offence mentioned in this act , but that the heir of every such offendor by force of this act , shall and may after the death of such offendor have and enjoy the lands , tenements and hereditaments of such offendors as if this act had not been made . . and for better preventing of the mischiefs which may grow by such seditious and tumultuous meetings , under pretence of religious worship . be it further enacted by the authority aforesaid , that the lieutenants , or debuty-lieutenants , or any commissioned officers of the militia , or any other of his majesties forces , with such troops or companies of horse or foot , and also the sheriffs and justices of peace and other magistrates and ministers of justice , or any of them jointly , or severally , within any the counties or places within this kingdom of england , dominion of wales , or town of berwick upon tweed , with such other assistance as they shall think meet , or can get in readiness with the soonest , on certificate made to them respectively , under the hand and seal of any one justice of the peace , or chief magistrate as aforesaid ; of his particular information , or knowledg of such unlawful meetings , or conventicles , held or to be held in their respective counties or places , and that he ( with such assistance as he can get together , is not able to suppress or dissolve the same ) shall and may , and are hereby required to repair unto the place where they are so held , or to be held , and by the best means they can , to dissolve and dissipate or prevent all such unlawful meetings ; and take into their custody , such of those persons so unlawfully assembled , as they shall judg to be the leaders and seducers of the rest ; and such others , as they shall think fit to be proceeded against , according to law for such their offences . . and be it enacted by the authority aforesaid , that every person who shall wittingly and willingly suffer any such conveticle , unlawful assembly or meeting aforesaid , to be held in his or her house , out-house , barn or room , yard or backside , woods or grounds , shall incur the same penalties and forfeitures as any other offendor against this act ought to incur and be proceeded against in all points in such manner as any other offendor against this act ought to be proceeded agianst . . provided also , and be it enacted by the authhrity aforesaid , that if any keeper of any goal or house of correction , shall suffer any person committed to his custody for any ossence against this act , to go at large , contrary to the warrant of his commitments , according to this act , or shall permit any person who is at large , to joyn with any person committed to his custody , by vertue of this act in the exercise of religion disfering from the rites of the church of england . then every such keeper of a goal or house of correction , shall for every such offence , forfeit the sum of . l. to be levied , raised , and disposed by such persons and in such manner as the penalties for the first and second offences against this act are to be levied , raised and disposed . . provided always , that no person shall be punished for any offence against this act , unless such offendor be prosecuted for the same within three months after the offence committed ; and that no person who shall be punished for any offence by vertue of this act shall be punished for the same offence by vertue of any other act or law whatsoever . . provided also and be it enacted , that judgment of transportation shall not be given against any feme covert unless her husband be at the same time under the like judgment , and not discharged by the payment of money , as aforesaid ; but that instead thereof she shall by the respective court be committed to the goal or house of correction , there to remain without bail or mainprize , for any time not exceeding months , unless her husband shall pay down such sum not exceeding l. to redeem her from imprisonment , as shall be imposed by the said court , the said sum to be disposed by such persons , and in such manner , as the penalties for the first and second offence against this act are to be disposed . . provided also , and be it enacted by the authority aforesaid , that the justices of the peace , and chief magistrate respectively , impowered as aforesaid , to put this act in execution , shall and may with what aid , force and assistance they shall think fit for the better execution of this act , after refusal or denial , enter into any house or other place , where they shall be informed any such conventicle as aforesaid is or shall be held . . provided , that no dwelling-house of any peer of this realm , whilest he or his wife shall be there resident , shall be searched , by vertue of this act , but by immediate warrant from his majesty , under his sign manual , or in the prefence of the lieutenant , or one of the deputy-lieutenants , or two justices of the peace , whereof one to be of the quorum of the same county or riding , nor shall any other dwelling-house of any peer or other person whatsoever , be entered into with force by vertue of this act , but in the presence of one justice of the peace or chief magistrate respectively , except within the city of london , where it shall be lawful for any such other dwelling-house to be entred into as aforesaid , in the presence of one justice of the peace , alderman , deputy-alderman , or any one commissoner for the lieutenancy for the city of london . . provided also , and be it enacted by the authority aforesaid , that no person shall by vertue of this act , be committed to the house of correction , that shall satisfie the said justices of the peace , or chief magistrate respectively , that he or she ( and in case of a feme covert that her husband ) hath an estate of free-hold , or copy-hold , to the value of l. per annum , or personal estate to the value of l. any thing in this act to the contrary notwithstanding . . and in regard a certain sect called quakers , and other sectaries are found not only to offend in the matters provided against by this act , but also obstruct the proceedings of justice , by their obstinate refusal to take oaths lawfully tendered unto them , in the ordinary course of law , therefore be it further enacted , by the authority aforesaid , that if any person or persons , being duly and legally served with process or other summons , to appear in any court of record except court-leets , as a witness , or returned to serve of any jury , or ordered to be examined upon interrogatories , or being present in court , shall refuse to take any judicial oath legally tendered to him , by the judg or judges of the same court having no legal plea to justifie , or excuse the refusal of the same oath , or if any person or persons being duly served with process to answer any bill , exhibited against him or them in any court of equity , or any suit in any court ecclesiastical shall refuse to answer such bill or suit upon his or their corporal oath , in cases where the law requires such answer to be put in upon oath , or being summoned to be a witness in any such court , or ordered to be examined upon interrogatiories shall for any cause or reason not allowed by law , refuse to take such oath , as in such cases is required by law , that then and in such case the several and respective courts wherein such refusal shall be made , shall be and are hereby enabled to record , enter , or register such refusal ; which record or entry shall be and is hereby made a conviction of such offence , and all and every person and persons , so aforesaid offending , shall for every such offence , incur the judgment and punishment of transportation , in such manner as is appointed by this act for other offences . . provided always , that if any person or persons aforesaid , shall come into such court , and take his or their oath in these words . i do swear , that i do not hold the taking of an oath to be unlawful , nor refuse to take an oath on that account . . which oath , the respective court or courts aforesaid , are hereby authorized , and required , forthwith to tender , administer and register before the entry of the conviction aforesaid , or shall take such oath before some justice of the peace , who is hereby authorized and required to administer the same to be returned into such court , such oath so made shall acquit him or them from such punishment , any thing herein to the contrary notwithstanding . . provided always , that every person convicted as aforesaid , in courts aforesaid ( other then his majesties courts of kings-bench , or before the justices of assize , or general goal-delivery ) shall by warrant containing a certificate of such conviction , under the hand and seal of the respective judg or judges , before whom such conviction shall be had , be sent to some one of his majesties goals in the same county where such conviction was had , there to remain without bail or mainprize , untill the next assizes or general-goal-delivery , where , if such person so convicted , shall refuse to take the oath aforesaid , being tendered unto him by the ●ustice or justices of assize or goal-delivery , then such justice , or justices shall cause judgment of transportation to be executed in such manner as judgment of transportation by this act is to be executed ; but in case such person shall take the said oath , then he shall thereupon be discharged . . provided always , and be it enacted by the authority aforesaid , that if any peer of this realm , shall offend against this act , he shall pay l. for the first offence , and l. for the second offence , to be levied upon his goods and chattels by warrant from any two justices of the peace , or chief magistrate of the place , or division , where such peer shall dwell ; and that every peer for the third and every further offence against the tenour of this act , shall be tried by his peers and not otherwise . . provided also and be it further enacted by the authority aforsaid , that this act shall continue in force for three years after the end of this present session of parliament , and from thence forward to the end of the next session of parliament , after the said three years , and no longer . since this was finished , i found in the london gazette published thursday april . . this paragraph , viz. to undeceive the kings loyal subjects , who may be misled into error by a pamphlet called the history of the life and death of eliz. these are to inform them , that that act amongst others , was continued jac. until the end of the first session of the next parliament , there were four sessions in that parliament , the last whereof ended jac. but the act was to continue to the first session of the next parliament ; and though every session to some purposes be as a several parliament , yet it is no such parliament which can have a first session , and is never in acts of parliament stiled the next parliament . the next parliament summoned was jac. but because nothing was done therein , it was held no parliament . then a parliament was summoned jac. wherein passed only subsidies granted by the spiritualty and temporalty . hence a question arose jac. whether eliz. was not discontinued upon this ground , that jac. was a session by passing the subsidy act , which being referr'd to all the judges , nine of them were of opinion , eliz. with the other laws continued jac. were thereby discontinued . to prevent which mischief , the parliament jac. not only revives eliz. and those other laws in all . but enacts that they shall be ad udged ever since the session of parliament jac. to have been of such force and effect as the same were the last day of that session . and 't is undoubted they all were then in force , by virtue of jac. and the latter continuance run clear without the aid of the declaratory law of car. . and though this conventicle act of car. . be expired , yet there is another of greater force of the king yet in being . and having therein mentioned the act of the of his present majesty , i thought i could not justly acquit my self of what i had undertaken ( viz. impartially and fully to let down all that might any ways have relation to this . eliz. c. . ) without giving you that statute at large , whereby the judicious reader may fee how far it proves the eliz. still to be in force . an act to prevent and suppress seditious conventicles . for providing further and more speedy remedies against the growing and dangerous practises of seditious sectaries and other disloyal persons , who under pretence of tender consciences , have or may at their meetings contrive insurrections ( as late experience hath shown ) be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled , and by authority of the same , that if any person of the age of years or upwards , being a subject of this realm , at any time after the tenth day of may next , shall be present at any assembly , conventicle or meeting , under colour or pretence of any exercise of religion in other manner then according to the liturgy and practise of the church of england , in any place within the kingdom of england , dominion of wales , or town of berwick upon tweed , at which conventicle , meeting or assembly , there shall be five persons or more assembled together , over and besides those of the same houshold ; if it be in a house where there is a family inhabiting , or if it be in a house , field ; or place where there is no family inhabiting : then where any five persons or more are so assembled as aforesaid , it shall and may be lawfull to and for any one or more justices of the peace of the county , limit , division , corporation or liberty , wherein the offence aforesaid shall be committed , or for the chief magistrate of the place where the offence aforesaid shall be committed . and he and they are hereby required and enjoyned , upon proof to him or them respectively made of such offence , either by confession of the party , or oath of two witnesses ( which oath , the said justice and justices of the peace and chief magistrate respectively are hereby impowred and required to administer ) or by notorious evidence and circumstance of the fact , to make a record of every such offence under his or their hands and seals respectively ; which record so made as aforesaid , shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence ; and thereupon the said justice , justices , and chief magistrate respectively , shall impose on every such offender so convict as aforesaid , a fine of s. for such first offence , which record and conviction shall be certified by the said justice , justices , or chief magistrate , at the next quarter sessions of the peace for the county or place where the offence was committed . . and be it further enacted by the authority aforesaid , that if such offender so convicted as aforesaid , shall at any time again commit the like offence or offences contrary to this act , and be thereof in manner aforesaid convicted : then such offender so convict of such like offence or offences , shall for every such offence incur the penalty of s. which fine and fines for the first , and every other offence shall be levied by distress and sale of the offenders goods and chattels ; or in case of the poverty of such offender , upon the goods and chattels of any other person or persons who shall then be convicted in manner aforesaid of the like offence at the same conventicle , at the discretion of the said justice , justices or chief magistrate respectively , so as the sum to be levied , or any one person in case of the poverty of other offenders amount not in the whole to above the sum of l. upon occasion of any one meeting as aforesaid , and every constable , headborough , tythingman , church-wardens , and overseers of the poor , respectively , are hereby authorised and required to levy the same accordingly , having first received a warrant under the hands and seals of the said justice , justices , or chief magistrate , respectively so to do ; the said moneys so to be levied , to be forthwith delivered to the same justice , justices , or chief magistrate , and by him or them to be distributed . the one third part thereof to the use of the kings majesty , his heirs and succssors , to be paid to the high-sheriff of the county for the time being , in manner following , that is to say , the justice or justices of the peace , shall pay the same into the court of the respective quarter sessions , which said court shall deliver the same to the sheriff , and make a memorial on record of the payment , and delivery thereof , which said memorial shall be a fufficient and final discharge to the said justice and justices , and a charge to the sheriff , which said discharge and charge shall be certified into the exchequer together , and not one without tho other . and no justice shall or may be questioned or accomptable for the same in the exchequer or else where , then in quarter sessions . and other third part thereof to and for the use of the poor of the parish where such offence shall be committed . and the other third part thereof to the informer and informers , and to such person and persons as the said justice , justices , or chief magistrate respectively shall appoint , having regard to their diligence and industry in the discovery , dispersing , and punishing of the said conventicles . . and be it further enacted by the authority aforesaid , that every person who shall take upon him to preach or teach in any such meeting , assembly , or conventicle , and shall thereof be convicted as aforesaid , shall forfeit for every such first offence , the sum of l. to be levied in manner aforesaid , upon his goods and chattels . and if the said preacher or teacher so convicted be a stranger , and his name and habitation not known , or is fled and cannot be found , or in the judgment of the justice . justices , or chief magistrate before whom he shall be convicted , shall be thought unable to pay the same ; the said justice , justices , or chief magistrate respectively are hereby impowred and required to levy the same by warrant as aforesaid , upon the goods and chattels of any such persons who shall be present at the same conventicle ; any thing in this or any other . act law or statute to the contrary notwithstanding . and the money so levied , to be disposed of in manner aforesaid : and if such offendor so convicted as aforesaid , shall at any time again commit the like offence or offences , contrary to this act , and be thereof convicted in manner aforesaid , then such offendor convicted of such like offence or offences , shall for every such offence incurr the penalty of l. to be levied and disposed as aforesaid . . and be it further enacted by the authority aforesaid , that every person who shall wittingly and willingly suffer any such conventicle , meeting or unlawful assembly aforesaid , to be held in his or her house , outhouse , barn , yard or backside , and be convicted thereof in manner aforesaid , shall forseit the sum of l. to be levied in manner aforesaid upon his or her goods and chattels ; or in case of his or her povetry or inability as aforesaid upon the goods and chattels of such persous who shall be convicted in manner aforesaid of being present at the same conventicle , and the money so levied to be disposed of in manner aforesaid . . provided always , and be it enacted by the authority aforesaid , that no person shall by any clause of this act , be liable to pay above l. for any one meeting in regard of the poverty of any other person or persons . . provided also , and be it further enacted , that in all cases of this act where the penalty or sum charged upon any offender exceed the sum of s. and such offender shall find himself agrieved , it shall and may be lawfull for him within one week after the said penalty or money charged shall be paid or levied , to appeals in writing from the person or persons convicted to the judgment of the justices of the peace in their next quarter sessions , to whom the justice or justices of peace chief magistrate or alderman that first convicted such offendor , shall return the money levied upon the appellant , and shall certifie under his and their hands and seals , the evidence upon which the conviction past , with the whole record thereof and the said appeal ; whereupon such offendor may plead and make defence , and have his tryal by a jury thereupon . and in cafe such appellant shall not prosecute with effect ; or if upon such tryal he shall not be acquitted , or judgment pass not for him upon his said appeal , the said justices at the sessions shall give treble costs again such offendor for his unjust appeal ; and no other court whatsoever shall intermedle with any cause or causes of appeal upon this act , but they shall be finally determined in the quarter sessions only . . provided always , and be it further enacted , that upon the delivery of such appeal as aforesaid , the person or persons appellant shall enter before the person or persons convicting into a recognizance to present the said appeal with effect , which said recognizance the person or persons convicting is hereby impowred to take , and required to certifie the same to the next quarter sessions ; and in case no such recognizance be entred into , the said appeal to be null and void . . provided always , that every such appeal shall be left with the person or persons so convicting as aforesaid , at the time of the making thereof . . and be it further enacted by the authority aforesaid , that the justice , justices of the peace , and chief magistrate respectively , or the respective constables , head-boroughs , and tything men , by warrant from the said justice , justices , or chief magistrate respectively , shall and may with what aid , force and assistance they shall think fit , for the better execution of this act , after refusal or denyal to enter , break open and enter into any house , or other place , where they shall be informed any such conventicle as aforesaid , is or shall be held , as well within liberties as without , and take into their custody the persons there unlawfully assembled , to the intent they may be proceeded against according to this act. and that the lieutenants or deputy-licutenants or any commissionated officer of the militia , or other of his majesties forces with such troops or companies of horse and foot , and also the sheriffs and other magistrates and ministers of justice , or any of them , jointly or severally within any the counties or places within this kingdom of england , dominion of wales or town of barwick upon tweed , with such other assistance made to them respectively under the hand and seal of any one justice of peace , or chief magistrate of his particular information or knowledg of such unlawful meeting or conventicle held , or to be held in their respective counties or places , and that he with such assistance as he can get together , is not able to suppress and dissolve the same , shall and may and are hereby required and enjoyned to repair unto the place where they are so held , or to be held , and by the best means they can to dissolve , dissipate or prevent all such unlawful meetings , and take into their custody , such and so many of the said persons so unlawfully assembled as they shall think fit , to the intent they may be proceeded against according to this act. . provided always , that no dwelling house of any peer of this realm where he or his wife shall then be resident , shall be searched by virtue of this act , but by immediate warrant from his majessiy under his sign manual , or in the presence of the lieutenant , or one deputy-lieutenant or two justices of the peace , whereof one to be of the quorum of the same county or riding . . and be it further enacted by the authority aforesaid , that if any constable , headborough , tythingman , church-wardon , or overfeer of the poor , who shall know ●r be credibly informed of any such meetings or conventicles , held within his precincts , parishes or limits , and shall not give information thereof to some justice of the peace , or the chief magistrate , and endeavour the conviction of the parties , according to his duty , but such constable , headborough , tythingman , churchwarden , overseers of the poor or any person lawfully called in aid of the constable , headborough , or tything-man shall wilfully and wittingly omit the performance of his duty in the execution of this act , and be thereof convicted in manner aforesaid , he shall forfeit for every such offence the sum of l. to be levied upon his goods and chattels , and disposed in manner aforesaid . and that if any justice of the peace or chief magistrate shall wilfully and wittingly omit the performance of his duty in the execution of this act , he shall forfeit the sum of l. the one moiety to the use of the informer to be recovered by action , suit , bill , or plaint in any of his majesties courts at westminster , wherein no essoin , protection , or wager of law shall lie . , and be it further enacted by the authority aforesaid , that if any person be at any time sued for putting in execution any of the power contained in this act , otherwise than upon appeal allowed by this act , such person shall and may plead the general issue and give the special matter in evidence : and if the plaintiff be nonsuit , or a vordict pass for the defendant , or if the plaintiff discontinue his action , or if upon demur judgment be given for the desendant , every such desendant shall have his full treble costs . . and be it further enacted by the authority aforesaid , that this act and all clauses therein contained , shall be construed most largely and beneficially for the suppressing of conventicles , and for the justification and encouragement of all persons to be employed in the execution thereof : and that no record , warrant , or mittimus to be made by vertue of this act or any proceedings thereupon shall be reversed , avoided , or any way impeached by reason of any default in form . and in case any person offending against this act shall be an inhabitant in any other county or corporation , or flie into any other county or corporation after the offence committed , the justice of peace or chief magistrate before whom he shall be convicted , as aforesaid , shall certifie the same under his hand and seal to any justice of peace or chief magistrate of such county or corporation wherein the said person or persons are inhabitants , or are fled into ; which said justice or chief magistrate respectively is hereby authorized and required to levy the penalty or penalties in this act mentioned , upon the goods and chattels of such person or persons , as fully as the said other justice of peace might have done in case he or they had been inhabitants in the place wlfere the offence was committed . . provided also , that no person shall be punished for any offence against this act , unless such offender be profecuted for the same within three months after the offence committed ; and that no person who shall be punished for any offence by vertue of this act , shall be punished for the same offence by vertue of any other act or law whatsoever . . provided , and be it further enacted by the authority aforesaid , that every alderman of london , for the time being , within the city of london and the liberties thereof , shall have ( and they and every of them are hereby impowered and required to execute ) the fame power and authority within london and the liberties thereof for the examining , convicting , and punishing of all offences within this act , committed within london and the liberties thereof , which any justice of peace hath by this act in any county of england ; and shall be subject to the same penalties and punishments for not doing that which by this act is directed to be done by any justice of peace in any county of england . . provided , and be it enacted by the authority aforesaid , that if the person offending and convicted as aforesaid be a feme-covert cohabiting with her husband , the penalty of s. or s. so as aforesaid incurred , shall be levied by warrant as aforesaid , upon the goods and chattels of the husband of such feme-covert . . provided also . that no peer of this realm shall be attached or imprisoned by vertue or force of this act , any thing , matter , or clause therein to the contrary notwithstanding . . provided also , that neither this act nor any thing therein contained , shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs ; but that his majesty and his heirs and successors , may from time to time , and at all times hereafter , exercise and enjoy all powers and authority in ecclesiastical affairs as fully and as amply as himself or any of his predecessors have or might have done the same , any thing in this act notwithstanding . finis . a postscript touching prosecutions in the ecclesiastical courts . having thus done with the temporal prosecutions , it may not be amiss to add a word concerning the spiritual persecutions now on foot , by citations and excommunications , not only to the great perplexity and trouble , but to the great expence of the people . in reference to which , men are to consider whether the present ecclesiastical severity be according to law or no : for what ever is done to disturb the quiet and repose of particular subjects , contrary to law , is down right oppression . that the exercise of the punishments of excommunication and an anathema is allowable against obdurate hereticks and schismaticks , is apparent from scripture ; and the same scriptute directs both by whom , how , and upon whom these sentences ought to be pronounced . on the other side , as there is no part of scripture that erects any ecclesiastical courts of judicature , or warrants the formal processes of citations , pleas and answers , or the extravagant fees of proctors , apparitors and promooters ; so it appears , that since the reformation , they have been abrogated by the law of the land , as being look'd upon meerly to be the effects of popish usurpation : for episcopal authority consists not so much in keeping courts , as in a true inspection and care over the flock of christ ; the weapons of their authory are only admonition and reprehension , and then excommunication comes of course , a more regular aud apostolick way , than by processes and citations as to all other jurisdiction comprehending force and compulsion , it is vested solely in the king , who is by all true protestants accounted the defender of the faith , and the supream head of the church . the law it self runs thus . and whereas the arch-bishops , and bishops , and other spiritual persons in this realm , do use to make and send out their summons , citations and other processes , in their own names , and in such form and manner as was used in the time of the usurped power of the bishop of rome , contrary to the form and order of the summons and process of the common law used in this realm ( seeing that all authority of jurisdiction , spiritual and temporal , is derived and deducted from the kings majesty as supreme head of these churches , and realms of england and ireland , so justly acknowledged by the clergy of the said realm , that all courts ecclesiastical within the said two realms ) be kept by no other power or authority , either forreign or within the realm , but by the authority of his most excellent majesty . be it therefore further enacted by the authority aforesaid , that all summons and citations , or other process ecclesiastical , in all suits and causes of instance betwixt party and party , and all causes of correction , and all causes of bastardy or bigamy , or enquiry , de jure patronatus , probates of testaments , and commissions of administartions of persons deceased , and all acquittances of , and upon account made by the executor , administrators , or collectors of goods of any dead person , be from the first day of july next following , made in the name , and with the style of the king , as it is in writs original or judicial at the common law : and that the test thereof be in the name of the arch-bishop or bishop , or other , having excclesiastical jurisdiction , who hath the commission and grant of the authority ecclesiastical immediately from the kings highness , and that his commissary , official or substitute , exercising jurisdiction under him , shall put his name in the citation or process , after the test . further be it enacted by the authority aforesaid , that all manner of person or persons , who have the exercise of ecclesiastical jurisdiction , shall have from the first day of july before expressed , in their seals of office , the kings highness arms decently set , with certain characters under the arms , for the knowledge of the diocess , and shall use no other seal of jurisdiction , but where his mejesties arms be ingraven , upon pain , that if any person shall use ecclesiastical jurisdiction ( after the day before expressed ) in this realm of england , wales , or other his dominions or territories , and not send or make out the citation of process in the kings name , or use any seal of jurisdiction other than before limited ; that every such offender shall incur , and run in the kings majesties displeasure and indignation , and suffer imprisonment at his higness will and pleasure . provided that no more , nor other fees be taken or paid for the seal and writing of any citations or other process than was heretofore accustomed . which being true , what power the bishops have to hold their spiritual courts , and send out process in their own names , and to make citations and executions of judgements under their own seals , is an enquiry not improper for them that believed themselves wronged . this act is said to have been repeal'd by the . and . of philip , and mary , c. . though no mention be made of it among the repeal'd acts of that time . however , though it were , it was again reviv'd by the . of eliz. c. . in these words , most humbly beseech your most excellent majesty , your faithful and obedient subjects , the lords spiritual and temporal , and the commons in this your present parliament assembled , that where in the time of the reign of your most dear father of worthy memory , king henry the th . divers good laws and statutes were made and established , as well for the utter extinguishment and putting away of all usurped and forreign powers and authorities out of this your realm , and other your highness dominions and countries , as also for the restoring and uniting to the imperial crown of this realm , the ancient jurisdictions , authorities , superiorities and preheminencies to the same of right belonging and appertaining , by reason whereof , we your most humble and obedient subjects , from the five and twentieth year of the reign of your said dear father , were continually kept in good order , and were disburdened of divers great and intollerable charges and exactions before that time unlawfully taken and exacted by such forreign power and authority as before that was usurped , until such time as all the said good laws and statutes , by one act of parliament made in the first and second years of the reigns of the late king philip , and queen mary your highness sister , intituled an act repealing all statues , articles and provisions made against the see apostolick of rome , since the twentieth year of king henry the eight ; and also for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity , were all clearly repealed and made void , as by the same act of repeal more at large doth and may appear ; by reason of which act of repeal , your said humble subjects were eftsoons brought under an usurped forreign power and authority , and yet do remain in that bondage , to the intollerable charges of your loving subjects , if some redress ( by authority of this your high court of parliament , with the assent of your highness ) be not had and provided . may it therefore please your highness , for the repressing of the said usurped forreign power , and the restoring of the rites , jurisdictions and preheminencies appertaining to the imperial crown of this your realm , that it may be enacted by authority of this present parliament , that the said act. made in the first and second years of the reign of the said late king philip and queen mary , and all and every branches , clauses and articles therein contained ( other than such branches , clauses and sentences , as hereafter shall be excepted ) may from the last day of this session of parliament , by authority of this present parliament , be repealed , and shall from thenceforth be utterly void and of none effect . and to the intent that all usurped and forreign power and authority spiritual and temporal , may for ever be clearly extinguished , and never be used or obeyed within this realm , or any other your majesties dominions or countries , may it please your highness that it may be further enacted by the authority aforesaid , that no forreign prince , person , prelate , state or potentate , spiritual or temporal , shall at any time after the last day of this session of parliament , use , enjoy or exercise any manner of power , jurisdiction , superiority , authority , preheminence , or priviledg spiritual or ecclesiastical , within this realm , or within any other your majesties dominions or countries that now be , or hereafter shall be , but from thenceforth the same shall be clearly abolished out of this realm , and all other your highness dominions for ever ; any statute , ordinance , custom , constitutions , or any other matter or cause whatsoever to the contrary in any wise notwithstanding . and that also it may please your highness that it may be established and enacted by the authority aforesaid , that such jurisdictions , priviledges , superiorities and preheminencies spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority hath heretofore been , or may lawfully be exercised or used for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same and of all manner of errors , heresies , scismes , abuses , offences , contempts and enormities , shall for ever , by authority of this present parliament , be united and annexed to the imperial crown of this realm . and that your highness , your heirs and successors , kings or queens of this realm , shall have full power and authority by vertue of this act , by letters patents under the great seal of england , to assign , name and authorize , when , and as often as your highness , your heirs or successors shall think meet and convenient , and for such and so long time as shall please your highness , your heirs or successors , such person or persons being natural born subjects to your highness your heirs and successors , as your majesty , your heirs or successors shall think meet to exercise , use , occupy , and execute under your highness , your heirs and successors , all manner of jurisdictions , priviledges , and preheminencies in any wise touching or concerning any spiritual or ecclesiastical jurisdiction within these your realms of england and ireland , or any other your highness dominions and countries , and to visit , reform , redress , order , correct and amend all such errors , heresies , schismes , abuses , offences , contempts and enormities whatsoever , which by any manner of spiritual or ecclesiastical power , authority or jurisdiction , can , or may lawfully be reformed , ordered , redressed , corrected , restrained , or amended to the pleasure of almighty god , the increase of vertue , and the conservation of the peace and unity of this realm . and that such person or persons so to be named , assigned , authorised and appointed by your highness , your heirs or successors , after the said letters patents to him or them made and delivered , as is aforesaid , shall have full power and authority , by vertue of this act and of the said letters patents under your highness , your heirs and successors , to exercise , use and execute all the premises , according to the tenor and effect of the said letters patents ; any matter or cause to the contrary in any wise notwithstanding . by which branches of this statute , it seems to be most demonstrable , that all manner of jurisdiction in causes spiritual and ecclesiastical is invested in the crown , and that no spiritual courts may be holden , but by the kings commission . lastly , by the . car. primi , the very branch of the statute for granting commissions is also repealed , which left the ecclesiastical courts no power at all . seeing then that all power both temporal and ecclesiastical is vested in the king , it seems to be a high point of disobedience , for subjects to hold courts of judicature to disturb and punish the kings liege people , without any legal authority . from whence may arise these few short quaeries . qu. . whither it be not proper for the persons cited , to demand the sight and hearing of the commission , by which the judges claim their jurisdiction ? st . for their own safety ? dly , in point of loyalty to the king ? dly , as being obliged by the oath of supremacy to renounce ●●l forreign jurisdictions ? qu. . supposing the said judges produce no authority from the king , yet proceed to excommunication , whether the said excommunication be not void ? qu. . whether the said judges be not indictable upon a pramunire ? or liable to an action , as counsel shall direct ? for what remains , the parties concerned may take their measures as they find most necessary for self preservation , from mr. cary's true guide for all persons concern'd in ecclesiastick courts . finis . notes, typically marginal, from the original text notes for div a -e rast . stat. vol. . c. . fo . . this parliament began the of february , in the th of the queen , and was dissolved the th of april following . abjure . the form of the submission . eliz. c. . . eliz. c. . sect. . sect. . king james began his reign anno march the th . . jacobi . ca. . sect. . and . sessio . . . jacob. . session . . jacobi . . session . jacobi . huttons rep. fol. . resolutions upon the statute of eliz. c. . concerning sectaries . what shall be said a session of parliament . this statute was anno jacobi , and printed , but is not in any of the statute books . saint-john versus saint-john . jac. c. statutes in this act revived and continued . car. . cap. . this session of parliament ( by reason of the increase of the sickness and other inconveniences of the season requiring a speedy adjournment nevertheless ) shall not determine by his majesties royal assent to this & some other acts. car. . cap. . sect. . sect. . * in his history of the life and death of the . eliz. c. . an. . car. . cap. . an. . car. . this . eliz. c. . was continued , but that act ( it seems ) is since expired . keeble st● . fo . . c. . . eliz. c. . declared to be in force . statutes are of two sorts . those that are introductory of a new , and those that are declaratory of an old law. further remedy against seditious sectaries . unlawful conventicles and meetings under pretence of exercise of religion forbidden . the punishment and manner of proceeding against them for the first offence . second offence . third offence . how seditious sectaries being convicted may be transported . how the offend●r 〈…〉 discharged ●p●n payment of ●f 〈◊〉 p●und punish 〈◊〉 of offend●rs 〈◊〉 the t●ird offence how the s●id penalty of 〈◊〉 po●●d shall be dispos●d . pers●n sued f●r exec●ting this act may plead the gene●●ral issue ▪ a●d recover ●reble c●sts . felony to esc●pe after convictim , or to ret●rn after transportation . seditious and tum●ltuous mettings and conve●ticles . the penalty of suffering conventieles in private houses . goalers may not let prisoners committed upon this act to go at large . the penalty . within what time offend●rs must be pr●s●cuted . married women how to be punished . how justices of the peace may enter into houses suspected for conventicles . the houses of peers . what persons may not be commited to the house of correction . persons served with process refusing to take au oath . . c. . ca. how such persons may be acquited . peers offending how to be proceeded against the continuance of this act keeble st. a. . car . c. . fol. . . the preamble car. . c. . conventicles ▪ &c. forbidden after the tenth of may . how the offendors must be convicted . the penalty for the first offence . the record and conviction to be returned to the next quarter sessions the penalty for the second offence the penalti●s how to be levied . constablet , & c. to levy the same and pay it to ●he justice immediately . how the penalties are to be devided . certificate into the exchequer the penalty of such as preach or teach in a conventicle how to be levied and disp●sed . the forfeit re of such as suffer conventicles i● their houses . prov●so . appe●●s way be and to whom and in wh●t cases . appellant to enter into a rec●gniza●ce . justices of peace c●●stab●es , &c 〈◊〉 refusal , may break upon do●rs . lieutenants , & deputy lieutenan●s , and 〈◊〉 officers ●f the mili●ia , ●ust . disperse conventicles either with horse or foot. proviso for peers of the realm . the penalty of all justices of peace , constables and oth●r officers civil a●d military , that omit their duty in p●rfor●i●g this act. all persons inde●pri●ied that put this act in execution . this act to be interpreted ●ost beneficially for the suppressing conventicles . offe●d●rs to be pr●secuted within three months after the offence . aldermen within london have the same power there , as justices of peace elsewhere . feme-covert . peers of the realm . proviso f●r the kings supremacy . notes for div a -e sect. . sect. . sect. . sect. . sect. . a compleat parson: or, a description of advovvsons, or church-liuing wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. with many other things concerning the same matter, as they were deliuered at severall readings at new-inne, / by i. doderidge, anno, , . and now published for a common good, by w.i. doddridge, john, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a compleat parson: or, a description of advovvsons, or church-liuing wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. with many other things concerning the same matter, as they were deliuered at severall readings at new-inne, / by i. doderidge, anno, , . and now published for a common good, by w.i. doddridge, john, sir, - . w. i., th cent. [ ], , [ ] p. printed by b[ernard] a[lsop] and t[homas] f[awcet] for iohn groue, and are to bee sold at his shop at furniuals inne gate, london : . the first leaf is blank except for signature-mark "a" between two rows of ornaments. quires b-e are in two settings. b r, line has ( ) "divisions" or ( ) "diuisions"; c v, last line ends ( ) "ei-" or ( ) "ey"; d r, first line has ( ) "he" or ( ) "hee"; e v, first word is ( ) "escheate" or ( ) "escheat". identified as stc a at reel : . reproductions of the original in the folger shakespeare library and harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ecclesiastical law -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion a compleat parson : or , a description of advowsons , or church-liuing . wherein is set forth , the intrests of the parson , patron , and ordinarie , &c. with many other things concerning the same matter , as they were deliuered at severall readings at new-jnne , by i. doderidge , anno , , . and now published for a common good , by w. j. london . printed by b. a. and t. f. for iohn groue and are to bee sold at his shop at furniuals jnne gate . . to the reader . bookes that are not able to protect themselues , may require large preface and dedication , this needeth none , it teacheth the law , and therefore cannot feare any informer ; errors of the print may here and there offer themselues , but for any other , the honourable name of him ( to whom posteritie shall thankfully acknowledge a debt for his worke ) in the very title page is able to vindicate . if thou beest a caviel , yet bee not too quicke at censure , satisfie thy ambition for the present with a readers place ; thou mayest in time come to bee a iudge , which euery man is not borne too . farewell . the contents of the lectures ensuing . lect . . the name , nature , divisions , consequents , causes and incidents of advowsons or patronages . fol. the right that both the patron and ordinarie hath ioyntly to intermeddle with the church . fol. the seuerall intrests of the patron and ordinarie , and what it is . fol what manner of inheritance an advowson is . fol. the word right , and the word advowson explained , and to what inheritance an advowson may bee appendant originally . fol. to what things an advowson may bee appendant secondarily . fol in what manner advowsons are appendant to a mannor . fol. if an advowson appendant , that consists of demesnes and seruices , shall bee appendant in respect of the demesnes onely , or in respect of the demesnes and seruices . fol. how an advowson may bee seuered from the principall , and by what meanes it may bee reconnexed thereunto againe . fol. of advowsons in grosse . fol of advowsons pattly appendant , partly in grosse . fol. what presentation is and what is the effect and fruit thereof , and in what manner presentation and nomination differ . fol the things incident to presentation prosecuted , who may present , what parsons may be presented , to whom the presentation must bee made , and the manner thereof . fol. the two first particuler causes of avoydance of churches , v. z. is eyther temporall , as death ; or spirituall , as depriuation ; the one of it selfe being manifest , and the other a discharge of the dignitie or ministerie . fol. the third particuler cause of avoydance , being spirituall , is resignation . fol. the last speciall meanes in avoydance of spirituall promotions presentatiue , is creation . fol. a compleat parson : or , a description of advovvsons . lect . . the name , nature , divisions , consequents , causes and incidents of advowsons or patronages . forasmuch as wee are said to know , cum causas cognoscimus , and seeing hee laboureth in vaine , that seeketh to apprehend the knowledge of the accident , which is ignorant of the substance : and seeing nothing setteth out the nature of the thing , but the description and definition , and that omnis quae à ratione suscipitur , de re aliqua , institutio , debet à definitione proficisci , vt intelligatur quid sit id de quo disputatur : i will begin as good order requireth , with the description of an advowson , that the nature thereof being knowne , wee may the better obserue , the coherence and congruence of this kind of learning . an advowson therefore generally considered , is a right that a man hath , to preferre his friend , or any fit person , to promotion presentatiue , or donatiue . this definition is generall , and may be attributed to all persons , whereof a man may haue a quare imp : if hee be disturbed ; for , the writs mentioned in the statute , lyeth not onely of dignities presentatiue by the course of the common law , but also of promotions donatiue by this statute : as chaunteries donatiue , * free chappels , &c. also it lyeth , of a subdeaconship , or hermitage , which also may bee donatiue , and this is grounded vpon the words of the statute , de cetero concedantur brevia de cappillis , prebendis , vicarijs , hospitalibus , abbatis quae prius concedi non consueuerunt ; yet neuerthelesse , i read that a quare imp : was maintained of a chappell , by the common law , but such a chappell ( perchance ) was presentatiue , and not donatiue . promotions presentatiue ( whereof the writs are mentioned in the statute ) were maintained at the common law ; as churches , chaunteries , and chappels presentatiue , and such like . and therefore as the afore-specified definition , or description is generall , and appliable to both : so are those subsequent , more properly to be applied to churches advowsons , in which are cures of soules . an advowson , or as the terme , ius patronatus est potestas presentandi aliquem instituendū ad beneficium ecclesiae simplex & vacans : and of other respects , the causes and incidents of advowsons , is described more amply in such manner , ius patronatus , est ius honorificum , onerosum , & vtile . in effect this : a patronage , or an advowson , is a right to present to the bishops or ordinarie a fit person , by him to bee admitted and instituted into a spirituall benefice when it becommeth voyd : and hee that hath such right to present , is called patron : who is thus described , patronus est defensor ecclesiae , qui habet ius presentandi episcopo aliquem vel aliquos in aliqua ecclesia & in ea ab eo instituatur . and hee is so called , de patrocinio , of defence : for that , that hee should defend the church , or à similitudine patris , quia sicut pater filium , sic patronus ecclesiam , de non esse , deducit ad esse . hee is called of old glanvile , advocatus ; as that he should say , an advocate of the causes of the church , and therefore the inheritance is called advocatio , or advowson , or is deuised de vocando : for that , that the patron hath power , for the presentment of a fit person , by the name of his presentation . and heere by the way , let no man thinke , that i thrust my selfe in messem alienam , and to borrow of the cannonists , as well now the description and etimologie before shewed , and after also , to fetch from them more high matter . but let such curious carpers , ( if any bee ) remember the speech of asliton , * who affirmeth , that euery advowson , and right of patronage , dependeth vpon two lawes , that is to say ; the law of holy church , and our lawes , so that the true determination of such learning , is as hee saith ; per ius mixtum , by both lawes ; that is , ecclesiasticall , and temporall : and therefore , when wee purpose to seeke the right intelligence , or true vnderstanding of any things in this kind of learning , wee must of necessitie bee beholden to them . but to returne where wee digressed . the materiall causes and subiects , in which this learning dependeth , are the things before mentioned . as churches , chaunteries , and chappels presentatiue , and such like . churches are of three sorts cathedrall , collegiall , and patrochiall . a cathedrall church , is the seate or church of a bishop , and therefore he onely may be said incumbent thereof . collegiall or conuentuall churches , are such , as in times past , haue beene in priories ; abbies , or such like , and are still in colledges . patrochial churches , are well knowne , and are those , ad quem plebs convenit ad percipienda sacramenta baptismatis & corporis christi vnde pabulum ad animas sustentandas libere suscipiunt , for the incumbent thereof , is onely charged with the cure of soules . and it is commonly called by the name of rectorie , which is into two sorts diuided , being eyther a parsonage , or a vicarage . and so much briefly , for the name , matter , and substance of advowsons . the former cause or manner of this inheritance , yeeldeth forth the vsuall and ordinarie distinctions of advowsons , to bee eyther appendant , or in grosse , or part appendant , part in grosse , eyther for a certaine time , or in respect of certaine persons . the efficient causes of a parsonage , are . ratione dotationis . . ratione fundationis . . ratione fundi . ratione dotationis , is , when hee , or those from whom he deriues his interest , endowed the same church . ratione fundationis , is , when he or his ancestors , or those from whom he claimes his interest , were founders of the same church . ratione fundi , is , when the church was built vpon his or their land , from whom he deriues his interest ; or all three together , as appeareth by the verse , vsed amongst the cannonists . patronum faciunt dos , edificatio , fundus . the vsuall cause or causes , why patronages of churches are giuen by the law , and bestowed vpon lay-men ; is , and were , vt inducantur laici ad fundationem , constructionem , & desetionem ecclesia . the fruit and effect of a parsonage , consisteth in those three things honos . onus , & vtilitas . the honour attributed to a patron , consisteth in his right of presentment . in the discourse whereof , i shall afterward consider , what is required , before the same can bee attempted : then what the nature of presentation is ; and lastly , what is required for the making of a full and perfect incumbent . before the presentation can bee lawfully made , it is meet that the church become void , and of avoidance , our law taketh notice , the same being triable thereby . the manner and meanes how an avoydance groweth , is eyther temporall , or spirituall . temporall , by the death of the incumbent . spirituall , and this is in diuers manners ; that is to say , by resignation , depriuation , creation , session , and entrie into religion . as touching presentation , we are to see ; first , what it is , then who shall present , afterwards what person may be presented , and last of all in what manner the same must be done . those things , that are required to make a perfect incumbent , after the presentation had , dependeth vpon the dutie of the ordinarie ; as first , admission , which requireth examination of the clarke , whereupon sometime ensueth a refusall , and thereupon , either notice , or no notice ( as the case requireth ) is to be giuen to the patron . if the clarke be admitted , then , he must bee instituted , wee are then to see , what institution is , and what is the effect thereof , vpon which ought to ensue induction thereinto , likewise we must see , what it is , by whom it is to bee performed , and what it doth import . if the patron be remisse , and doth not present within the time limitted , then incurreth the lapps of the patron , to the bishop , and from the bishop , to the metropolitan , and from him to the crowne , where it resteth , but if the bishop take his time , then is his presentation a collation , and in the right of the patron himselfe . the second effect of a personage , ( which is onus , ) resteth onely in the defence of the churches possessions , to which the patron and ordinarie by aide prayer , are to bee called by the incumbent , for the defence of the same , to auoid such charges and incumbrances , as are vnduly laid thereupon . as touching the third , which is vtilitie , we haue not any thing to doe with it , in our law , but we must leaue the consideration thereof , to the cannon law , for this vtilitie is imployed for the sustentation of the patron ; for if hee or his posteritie being patrons doe fall to decay , then the incumbent of the fruites of the church by compulsarie censure , of the ordinarie , according to that law , is to be enforced to make contribution to them . all writs concerning this kind of inheritance are either giuen to the patron , or incumbent . writs giuen to the patron are of two sorts , for either he demandeth his inheritance , or presentation , against the possessor , of the patronage , or hee attempts suit against the ordinarie , for either not doing , or doing his duty vnduly . in euery action brought against him that pretendeth possession , it is to be intended , that eyther he is lawfully or vnlawfully possessed . the vnlawfull possessor , is the vsurper , against whom onely lyeth three writs , which the statute speaketh of , namely ; one of the right , as the writ of right of advowson , and the other two of the possession , as a quare imp : and darraigne presentment . against the lawfull possessor , lyeth the writ of dower , for the wife of him that dyed seized of such estate as she might ●e endowed of , and a cessavit of the land against the tenant . but no formedon lyeth for the issue in taile in discender , nor for any in the remainder , nor for the donor in the re●●rter ; for that , that if the advowson be in grosse it cannot properly be discontinued , and being appendant it is to bee recontinued by the same meanes , that the land to which it is appendant , is to be recovered . the incumbent as touching his right for his rectorie , hath the onely writ of iuris vtrun● , and for his possession , any other possessarie action . for if another happen ( during his presentation ) to be presented by the same patron , or doe come into the same church , by course of the law , so that the patronage commeth into debate , their lyeth a spoliation , it being a suite in the spirituall court , lect . . the right that both the patron and ordinarie hath ioyntly to intermeddle with the church . in the former lecture or reading , hauing deliuered in the proiect , a discourse of advowsons , briefly discouering their name , nature , divisions , consequents , causes , effects and incidents of the patronage : now it remaineth in like manner to prosecute euery of those parts , then but pointed at , with a more large and ample explication . first therefore , it is to be considered , that in euery benefice three persons haue intrest . that is to say , the parson hath a spirituall possession . the ordinarie to see the cure serued ; and the patron hath ius presentandi . hence it is that i haue said , that a patronage is a right of presentation ; therefore it is called , ius patronatus ; not a power , nor an authoritie onely , but a right , intrest , or an inheritance : the word ius or right , is diuersly intended , sometimes strictly , to signifie what is left a man , when that , that was once his owne is wrongfully taken from him , as by disseisin or such like . in which sence , the word droit and tort , are priuatè opposita , and is thus deuided ; to be either right of action , or right of entrie ; sometimes , in a more ample signification , as ius habendi , ius possessendi , ius disponendi , by which occasion i purpose at this time to discusse , whether the patron and ordinarie haue right in the rectorie or benefice , and what manner of right it is that they haue ; their right is called collaterall , as wee read , and not habendi , nor possessendi , nor retinendi ; for none of them , can haue , retaine , or possesse the church or rectorie , but their right is , ius disponendi , wherein euery of them hath a particuler charge to the possessions of the church , so free as that hee may maintaine such a one as is thereinto to be presented . that they haue a kind of disposition in them , it is proued by many reasons : . no charge can be founded to be laid vpon the church in perpetuity , to bind their successors , but the patron and ordinarie must be made parties thereunto as all our bookes agree , and litleton giues a notable reason for it . vv ch is , that if the charge be perpetual , the consent of all . ought to concurre , of which ensueth thus much , that if a writ of anuitie be brought against the parson , and he prayeth in aide of the patron and ordinarie and the patron maketh default , and the ordinarie appeareth , and confesseth the action ; or if the ordinarie make default , and the patron appeare , and confesseth the action , that this anuitie shall not bind the successor : but if they both appeare and one of them confesse the action , and the other faith not any thing , it shall bind the rectorie in perpetuitie . for qui tacet consentire videtur . but if the parson onely with the consent of the ordinarie for tythes or other consideration executorie , charge the church in perpetuitie , it shall bee good , without the consent of the patron , as well as if the consideration executorie had remained . secondly it followeth , that the charge of the parson , patron and ordinarie , shall bind in like manner as their intrest is . but if a man haue an advowson for yeares , and the parson by the consent of such patron and ordinarie , grant rent charge in fee , if the parson dye within the terme , & the termor of the advowson presents another , & the terme expireth , quere if then the anuity shal be deliuered , but it seemeth by some that it shall be deliuered ; for that , that this incumbent was not the party , that made the grant , and therefore he should not hold it charged any longer , then during the intrest of the patron . and therefore if two joyntenants in common , or parceners be of an advowson , who agreeth to present by turne , if the person ioyne in grant of a rent charge in fee , with one of them , the parson shall bee charged and also his successors ( alterius vicibus ) for euer ; because , those successors ( that commeth in ) by him that made the charge , shall bee subiect to it onely , and those that commeth in by the presentation of the patron , that neither ioyned nor confirmed , the same shall hold their land discharged for euer . also , such anuitie with which the rectorie is charged , doth not properly charge the land but the parson ; for , if the grantee enter into any part of the gleebe , hee shall not suspend the rent or anuitie . and if the parson , patron , and ordinarie , ioyne in a graunt of an anuitie to s. h. and his heires , except they speake of the successors of the parson , and that the same be granted for the parson and his successors , this cannot be good longer then forthe time , that the parson that granted the same , continueth parson ; for an anuitie is nothing but a parsonall dutie , and no otherwise . and if such an anuitie bee granted ouer , it is not needfull to haue atturnment ; all which proueth , that the same chargeth not the land , but the parson ; yet neuerthelesse , the parson is charge , for if the grantor assigne or be remoued by any meanes whatsoeuer , the charge followeth not his parson , but resteth vpon his successors , and the iurie may bee taken of the towne where the church is , which proueth that such graunt chargeth the parson in respect of the land. moreouer , when the patron and ordinarie , confirmeth the graunt of the parson , it is requisite that the confirmation be made , during such time , as he is incumbent that made the charge ; for if hee die , be remoued , resigue , or otherwise be deptiued before the confirmation , such confirmation is voyd notwithstanding . if an incumbent grant rent charge , to begin after his death out of his rectorie , and the patron and ordinarie confirmeth the same , this is good for so long time as it is graunted . the second principall reason , to proue the intrest they haue to the church or rectorie , is , that all three may charge the church in perpetuitie , so may the patron and ordinarie doe onely in time of vacation , which charge shall bind the successor for euer . because none hath intermedling with the rectorie , but the grauntors aforesaid . the third principall reason ; is this , that as the patron and ordinarie in time of vacation , may charge the church in perpotuitie , so they may make a release , by which any anuitie that chargeth the church or rectorie shall be extinguished , euen in the time of vacation . also , if a man hath an anuitie out of the church of s. and afterward this church is vnited to the church of d. and after the vnited church becomes void , if the grantee release in time of vacation to the patron , that was patron of the other church ; that is to say , of d. and to the ordinarie , such release shall not discharge the incumbent , because , it was not made to the patron of the church that was first charged , for although both the churches are vnited and become one , yet are their patronages distinct and seuerall ; moreouer , that intrest , that the patron and ordinary hath in the rectory , is but collaterall and ius disponendi , and no otherwise , as hath beene formerly said . for if an advowson discend to an infant , and the incumbent bee impleaded in a writ of anuitie , and prayeth ayde of the patron and ordinary , and for that , that the patron is within age , likewise prayeth that the parol may demurre vndiscussed during his nonage , this shall not bee granted ; but the in●ant in such case shall bee ousted of his age , because the charge lyeth vpon the parson , and not vpon the patron , or ordinary , who are not at any time to inioy the rectory themselues , but onely are to haue the disposition thereof . finally , to proue that it is meerely collaterall : if the patron & ordinary doe nothing but giue licence to the person to charge his rectory with an anuitie , this shall bee a good grant to charge the church in perpetuitie . for that , that it is not to any other free tenants a charge , but to the parson ; because neither the patron , nor the ordinarie can haue the church themselues , but onely to dispose and bestow the same , vpon some other ; neuertheles , such assent ought to be by writing . lect . . the seuerall intrests of the patron and ordinarie , and what it is . in the lecture next before , i haue ●et forth to you the right that both the patron and ordinarie hath joyntly to intermeddle in the church ; now it remains , likewise that i declare their seuerall interests : therefore at this present , i intend to deliuer somthing touching the collateral intrest of the patron sole , and after to examine , what manner of inheritance an advowson is , and so to refetre the intrest of the ordinary sole to a more conuenient place when as we shall come to speake of admission and institution . what collaterall intrest alone , the patron hath in the church , may in brie●e thus be decyphered ; first , by the common law , ( before the statute of westminster second , ) as hee ought ▪ by the opinion of some men , to bring his writ of advowson , of the fift part or any lesse part of the tyth●s and oblations of the church in any suite of iudicauit , attempted against the presentee , or incumbent , that hath sued in the spirituall court for the recouerie of the same , and hath caused the patronage in this respect , to come into question , or as some men thinke he might haue had his writ of heres , as a precipe quod reddat advocationem quinque acrarum terrae , or one acre of land and such like ; for which cause the statute was made , to be a restraint for bringing the same writ , of any lesse part then of the fourth part of their tithes ; so that the statute in this behalfe , was but a restraint of the common law : which argueth , that the comparing of the rectorie , tendeth collaterally to be an impeachment and preiudice to the patron himselfe , and so importeth a collaterall intrest that the patron hath to the church . againe , by the graunt of the church the advowson passeth ; wherefore herle sayd in the first part of ed. . that it was not long since , when men knew not what an advowson was nor meant , but by the graunt of the church , they thought the advowson to be sufficiently conueyed in the law ; for , said hee , when they purposed to assure an advowson , their charter specified it in the gui●● of the church . moreouer , the king being patron , hath often ratified and confirmed the estate of the incumbent in a rectorie , that an vsurper had presented ; by meanes whereof , hee cannot remoue the same incumbent , vnlesse for some cause hee repeale his charter of confirmation . notwithstanding , if the king recouer by a quare imp : and after confirmeth the estate of the incumbent , that the vsurper presented , by meanes whereof , hee cannot be remoued ; at the next avoidance the king shall present , for the judgement giuen for him was not at any time executed , which also proueth the collaterall intrest , that the patron hath to the church ; for no parsons can lawfully confirme , but such as haue right to the thing confirmed . ancient bookes haue held , and that not without reason ; that an advowson hath such an affinitie with the church it selfe , to which it is granted , and to which it is a collaterall intrest ( as hath beene sayd ) that it should passe by liuerie of seism , made at the ring of the doore of the church ; and although by such meanes it passe not at this day , being meerely a thing that lyeth in graunt ; yet the same proueth the collaterall intrest of the patron to the church ; for this opinion holden in the bookes , is granted for the like reasons . in a writ of right of advowson , the parson shall bee summoned in the church , or at the doore of the church ; and if a villeine purchase an advowson in grosse , ( littleton saith ) full of an incumbent , the lord of the same villein may come to the same church and their claime , and the advowson shall be in him ; all which things added to the former , sufficiently proueth the collaterall intrest that the patron hath to the church . lect . . what manner of inheritance an advowson is . lecture wee are now to consider , what manner of inheritance an advowson is ; wherfore , let vs consider , that euery inheritance , is eyther : hereditas corporata , or incorporata . hereditas corporata , is a meadow , messuage , land , pasture , rents , &c. that hath substance in themselues , and may continue for euer . hereditas incorporata is , advowsons , villeins , wayes , commons , courts , piscaries , &c. which are and may be appendant or appurtenant to inheritances corporate . an advowson therefore is incorporate , of which a man may be seisied , though not of demesne , yet as of fee , and as of right . and although great disputation haue beene in our bookes , whether an advowson may bee holden or lye in tenure , yet the most authorities concurreth and are , that any advowson either in grosse or appendant , lyeth in tenure , aswell of a common person , as of the king. for a cessauit lyeth thereof , and some haue holden that the lord of whom it was holden may distreine ( either in the church yard , or in the gleebe ) the beasts of the patron onely . if they happen to be there found , . h. . godred contrarie : but though the law be , that there cannot bee taken any distresse , yet the same makes not any impeachment of the tenure , and being parcell of a mannor or appendant to it ; it may bee holden as some bookes are , pro particula illa . therefore it is holden and said , that an advowson is a tenement , and therefore whereas the king hath giuen licence to an abbot to amortise lands and tenements to such a value , by force whereof he purchaseth an advowson , and this was holden good , sufficiently pursuing this licence , and therefore in the booke an issue was taken , if the same advowson were holden in capitie ; and therfore , if a man grant a ward , or omniaterra & tenementa , that he hath by reason of his ward , if there be an advowson holden of the lord , being guardian the same passeth to the grantee , by the words of omniaterras & tenementa . of an advowson a precipe quod reddat . lyeth very well , and a writ of dower shall bee maintained of the same , by the wiues of such as haue such inheritance therein as giueth a dower , as before hath beene said , and so the husband of her that hath the'nheritance in it shall be tenant by the courtesie , although there neuer were had any presentation by the wise to it . but yet there shall not be any discent thereof , from the brother to the sister , of the entyre blood , by the maxime of possessio fratris , &c. but the same shall discend to the brother of the halfe blood ; vnlesse , the first haue presented to it in his life time , but if hee haue presented in his life-time , then it shall discend to the next heire of the entire blood . in advowson is an inheritance and cannot be deuided into parts or parcels , for in a writ of right of advouson ; if the tenant say , that the demaundant is seased of the sixt part of the advowson , this shall abate the whole writ , and yet part thereof may be in some sort considered , for there is an vsuall difference taken , betweene advocatio medietatis ecclesiae , and medietas advotionis ecclesiae . for advocatio medietatis ecclesiae , is where two patrons be , and euery of them hauing right to present a seuerall incumbent to the bishop , to be admitted into one and the same church , for diuers may be seuerall parsons , and haue care of soules in one parish , and such advowson is a like in euery of those patrons , but euery of their presentments is to the moitie of the same church ; and therefore it is called advocatio medietatis ecclesiae , or as the cause salleth out , aduocatio tertiae partis ecclesiae , and the like . but medietas aduocationis ecclesiae , is after pertition betweene perceners , for although the advowson bee entire , amongst them , yet any of them being disturbed to present at his turne shal haue the writ of medietate , or of tertia , or of quarta parte advocationis ecclesiae , as the case lyeth . also , if two patrons of seuerall churches make vnion ; or confederation , of their churches by the assent of all those whose consent is requisite , the patronage of euery of them shall not be but medietas advocationis ecclesiae ; because , but one incumbent is onely in this case to be presented , and not advocatio medietatis ecclesiae . and this difference is onely taken and obserued in the writ of right , which is altogether grounded vpon the right of patronage . but in the quare impedit , which is onely to recouer damages , no such diuersitie is considered , but the writ is generall , presentare ad ecclesiam . lastly , it is to be considered , what temporall profits , value or commoditie , this kind of inheritance is reputed to be of : it is not by the law of god , to be bestowed vpon any incumbent for any need or price ; but onely reserued for such as are worthy thereof . and therefore it is said ; * that guardian in socage of an infant , shall not present to any aduowson ; because such presentation , is not to bee bestowed for price ; for that , that such guardian cannot account for the same , yet neuerthelesse , because the patron thereby may aduance his friend , it hath beene often esteemed for assets in formedon . and as the value thereof may come in question , as in a writ of right of advowson , where the tenant avouche●h , and the vouchee looseth , the tenant shall recouer in value against the vouchee , for euery marke that the church is worth per annum , xij . d. so that the thing which of it selfe is not valuable , is by a secondarie meanes made and esteemed valuable ; because that otherwise , this mischiefe should ensue thereof , which should be a losse without recompence . . by this it appeareth , that it is an inheritance incorporate . . that it lyeth in tenure . . that it passeth by the name of tenement . . that a precipi quod reddat lyeth thereof . . that both tenant in dower , and tenant by the courtesie , and in some case a possessio ●ratris , may bee thereof . . that it is entire by nature , though by accidentall meanes otherwise , and in some respect deuisable . . though it be bestowed gratis , yet it is valuable , for which it is a benefit to aduance a friend , and for being iniured therein we shall recouer damages . lect . . the word right , and the word advowson explained , and to what inheritance an advowson may bee appeudant originally . it resteth at this present , for the more ample explication of this word right , ( whereas in defining an advowson , wee say it ●●keth a r●g●● ) to set forth the d●●●sions of advowsons , and to prosecute euery part deuided with a ●ull discourse ; that thereby , what manner of right and inheritance an advowson is , may be the better perceiued . advowsons therefore , are either appendant or in grosse , or part appendant part in grosse . an advowson appendant , is a right of patronage , appertaining to some corporall inheritance ; so that , hee that hath the same inheritance , is thereby also entituled to haue the other as annexed to the same ; for an advowson passeth alwaies with the inheritance , to which it is appendant ; vnlesse , there bee expresse nomination onely by these words ( vna cum pertinentijs , ) except it bee in case of the king , where the statute de prerogatiua regis , cap. . prouideth expresse words to make the same to passe . the originall of advowsons appendant at the beginning must be in this manner , sythenc● patronages were wonne and gotten as before hath beene declared ; and that either ratione fundati●nis dotationis or fundi , were ( as it seemeth by all conformity of reason ) the originall foundations of advowsons appendant ; for when mannors were created , either the land vpon which the church was built was land parcell of the mannor , or honor to which it is appendant , and he that was donor thereof , gaue the same to build the church vpon , and that the advowson of the same church so built , should bee appendant to the same mannor , which is ratione fundi . or hee that was owner of the same mannor or of any such corporall inheritance , endowed the same church with parcell of the land of the same mannor , honor , or such like corporall inheritance , and gaue the same to the gleebe , of such chuch vpon which the advowson by ordinance of the ordinary , and by the consent and agreement of all others , whose consents were requisite in this behalfe , was at the beginning appointed to be appendant to such mannor , honor , or other corporall inheritance , in recompence of such liuely hood , and dotation bestowed vpon the church . and hereof it ensueth , that if at any time the church bee desolued , the gleebe and land vpon which the church was built , shall returne and escheate to him or them from whom it was deriued and deduced . as in like case , vpon the dissolution of an abbey , the same shall not returne to the sounder of common right , vnlesse some other ordinance be made to encounter the same . . therefore to auoyd confusion in the consideration of advowsons appendant ; let vs first see , to what sort of inheritance advowsons may be properly appendant . secondly , in what manner it is appendant , ( that is ) if it bee part or parcell of the inheritance to which it is appendant , or if as accident or necessarie thereunto . how it may bee seuered from his principall ; and againe , by what meanes it may bee therevnto recontinued againe . as to the first , it may be appendant properly and originally , to things that are onely inheritances corporall , that are compound ; as to an honour , earledome , or such like ; likewise , to a castle , more vsually to a mannor ; all which principall things , that is to say , the earledome , honour , castle and mannor , &c. are inheritances compound , made and combined of diuers things , and in nature different , being those which the logicians call tota intigratia . it may bee appendant to an acre of land , or to a messuage , to a rectorie , parsonage , church or such like ; and so one church may be appendant to another , of which we shall take occasion to speake in the lectures following . but at this present , let vs see in what sort it may be appendant to a mannor . advowson that lyeth in one countie , may be appendant to a mannor that lyeth in another count●e ; and how two or more advowsons may be appendant to one mannor , may be manifested thus . if hee that in ancient time was seisied of a mannor , that extended so large as it was diuided into diuers parishes , the lord of the same mannor , eyther gaue out of the same mannor land to build , or to endow euery of the churches , and so euery of them might be appendant to the same mannor . how one advowson may bee appendant to two mannors , may likewise thus appeare . suppose that a. be seisied of an advowson of the church of dale , as appendant to the mannor of sale , and that both those churches by the ordinarie , and by the consent of both the patrons bee vnited , and called the church of dale , and ordained that the patrons shall present by turne for euer ; these churches by this vnion and confederation are made one , and so the advowson entire , and no moities as is betweene coperceners , joyntenants , and tenants in common ; and therefore it is appendant to both mannors , for the patrons seuerally presenting ▪ shall present to the same church as appendant to both mannors , ( that is to say ) the one shall present seuerally to the church as to his mannor of dale , and the other also shall present thereto when his turne commeth , as appendant to the mannor of sale. yet some are of opinion , and some authorities there are , that each of the same patrons after the same vnion , is seisied de medietate advocationis ecclesiae . and in what manner soeuer the same advowson be entire , yet is the parsons intrest seuerall ; for if such incumbent , which is presented after such vnion made , graunt a rent charge out of the gleebe , and one of the patrons onely confirme , no distresse ( after the death of the incumbent that granted the rent ) can bee taken vpon the gleebe , that belongeth to the gleebe of the other patron , to make the same subiect to the charge in perpetuitie ; for that , that hee confirmed not . but if the mannor of dale , bee holden of the mannor of sale , and to the mannor of dale is an advowson appendant , and that the mannor of dale hath escheated to the mannor of sale , so that the demeanes of the one is become parcell of the demeanes of the other ; yet the advowson shall be still said appendant to the mannor of dale , as it was at the first ; and the mannor of dale shall continue still in reputation ● mannor , in respect of such things as are appendant therevnto . the moitie of an advowson may bee appendant to a mannor , or parcell of a mannor . also , in the pleading of a case in ed. . by dyer , it appeareth that one fourth part of an advowson was alledged to be appendant to the one moitie of a mannor , and another fourth part of the same advowson was appendant to the other moitie of the same mannor , and the other two parts were in grosse : yet neuerthelesse an advowson ( in euery such or the like cases ) cannot be said to be diuided properly , for that , that it is entyre , if you respect the presentation and not the right of patronage . for if a man hath an advowson and giueth one part thereof to a. and the other part to b. & one third part to c. yet the advowson remaineth entyre amongst them , and if any of them disturbe his companions they are without remedy , for that they ought to ioyne in a quare impedit , because the presentation is a parsonall thing , and entyre , wherein they ought to agree , but seeke how they can seuer in these causes in a writ of advowson . moreouer , as touching the right of patronage , if one bring a writ of right of advowson , and the tenant pleadeth that the demandant is seisied of one sixt part , or of some one part of the advowson , the entyre writ shall abate , notwithstanding if it be in barre but for parcell , because cause the advowson is entyre , and not seuerall , by reason wherof the demandant cannot abridge his demand . and as in the ●ases aforesaid it hath appeared , that ●● advowson of a church may bee ap 〈…〉 ●o a m●nnor , in like manner may the 〈…〉 wson of a priorie bee appendant to a 〈…〉 ▪ lect . . to what things an advowson may bee appendant secondarily . in the lectures aforesaid , was shewed , to what sort of inheritances an advowson may bee appendant originally ; now it remaineth ●o show to what things it may bee appendant secondarily . an advowson therefore cannot bee appendant to one acre of land , or two acres , but only to such parcels of land as haue beene parcell of a mannor , or parcell of any earldome , castle , or such like inheritance , to which an advowson may bee appendant originally ; but in what order the same may bee appendant to one acre , let vs consider ; some bee of opinion , that if a man be seisied of a mannor to which an advowson is appendant , giueth certaine acres of the same mannor , vna cum advocatione to another , in such case the advowson shall not passe , to the grantee , vnlesse the same be by deed , and so the same shall be appendant to the same acres . so likewise , some hold opinion , that if a man be seisied of a mannor , to which an advowson is appendant in right of his wife or ioyntly with his wife , and maketh a seofement in fee of certaine acres parcell of the demeanes of the same mannor vna cum advocatione , and dieth ; that the wife notwithstanding this , may present to the advowson , before she recontinue the same acres , by cui in vita ; because ( as they thinke ) the same advowson is not appendant to the same acres , and such alienation is not but during the life of the husband . neuerthelesse , i doe not perceiue any great reason , why the law should be so in such a case ; for if a tenant in tayle of a mannor , to which an advowson is appendant aliene some of the same acres parcell of the mannor , together with the advowson , although it bee without deed , notwithstanding it is appendant to the acres , and cannot be recontinued but by formedon to be brought for the same acres , which case in reason , being like to the formedon of the acres and advowson aliened by the husband , i know not any difference of law that should bee betweene them ; and therefore , if a man bee seisied of a mannor to which an advowson is appendant and make a lease for life of the same mannor , vna cum advocatione , if the lessor enter into the same acre of land for forfeiture , hee hath recontinued the advowson , as appendant to the same acre . an advowson cannot originally bee appendant to a messuage , but secondarily it may ; therefore if an advowson be appendant to a parcell of land , which was sometimes part of the demesnes of a mannor and suchlike , if a messuage be built vpon the same parcell of land , the advowson shall be appendant to the same messuage , and if the same messuage fall or bee pulled downe , the same advowson shall bee againe appendant to the soyle , as it was before . so likewise , an advowson may by a secondary meanes be appendant to a rectory , for vicaridges being not first erected ( in as much as the substitute cannot bee before the principall ) but all at the beginning were parsonages , of the which vicaridges were deriued , and that for the most part , by the reason of many impropriations of benefices , to the houses of religion , and spiritual corporations , which were not of themselues in all points fit for the function and cure of soules . the reason is , because that the advowson of a vicaridge should bee alwayes appendant to the rectory of a parsonage , so that he that is parson , or persona impersona , ( as they call him ) of this church , is of common right patron of the vicaridge , of the same church ; except , some other seuerall ordinance at the beginning of the endowment of the same vicaridge were made to the contrary . and therefore , by the graunt of a parsonage with all the hereditaments thereto belonging , the advowson of a vicaridge passeth to the grantee . in the same manner it should be , if the vicaridge were endowed , so there be a pa●son and a vicar both presented into one church , as by the law there may well be ; but if the vicaridge become voyd , and hee that is parson hauing the advowson of the vicaridge ( as of common right hee ought ) present one to the same vicaridge by the name of parson , who is admitted and instituted ▪ accordingly , by such presentation hath the same vicaridge lost the aforesaid name , and is becommed a parsonage , tamen querae if the first parsonage remaine , and if one of those parsonages ( if they both continue ) be appendant to the other ; but it seemeth by the booke of . h. . that there should be but one parsonage , and the vicaridge extinct . an advowson of a church or chappell , cannot originally bee appendant to another church or chappell ; for that , that things of one nature cannot be originally appendant each to other . but notwithstanding , secondarily the advowson of a church or chappell may be appendant to another church or chappell . as if the advowson of a church or chappell bee appendant to one acre of land , that was sometimes parcell of a mannor , or such like ; and after a church or chappell bee built vpon it , the last new erected church shall bee appendant to the aforesaid church . an advowson may be amortified to a church or chappell , and if it be recouered and lost by default , the parson thereof may haue a writ of right . and an advowson may be parcell and part of a dean●rie , and if the same bee in any free-chappell of the king , if the deane be impleaded , he may of this haue ayde of the king. and thus much concerning inheritances , to which an advowson may be appendant . lect . . in what manner advowsons are appendant to a mannor . now it resteth , that i determine in what manner advowsons are appendant . and first of all , if the advowson be part or parcell of the inheritance , to which it is appendant , and whether it bee onely accident or incident thereunto . secondly , if an advowson be appendant to a mannor , that consisteth of demeanes and seruices , in respect both of the demeanes and seruices , or if it shall be said appendant to a mannor in respect onely of the demesnes , in as much as the demesnes are one corporall inheritance , and such part of the mannor as onely lyeth in manuell occupation . as concerning the first , the authorities of our bookes are diueisly deuided , some tending to one effect and some to another , our best course therefore is to consider the arguments , and to giue censure with that which seemeth most agreeable with law. some hold that an advowson appendant to a mannor and the like , is eyther part or parcell of a mannor , honour , &c. or other inheritance to which it is appendant . and they ground themselues vpon the authorities of r. . . a. b. where it was adjudged that the grant that king h. the . made to thenel marshall of a mannor , to which an advowson was appendant , without thesewords ( cum pertinentijs ) and without any mention of the advowson ; yet notwithstanding , the advowson passed in case of the king before the st 〈…〉 ce of praerogativa regis , cap. . and so likewise it is in the case of a common parson at this day , although in the h. . ▪ & the opinion of some others , in the h. . b. be against it , vpon which they inferre ; that an advowson is parcell of a mannor , for so expressely is the opinion of others in the same booke of . h. . . b. secondly , in the h. . . b. and in the . h. , a. in the abbeyes of scyons case , the difference is agreed for law , that if the king be seisied of a mannor to which an advowson is appendant , and granteth the same mannor , and in the grant the words of the pattent are dedimus & concessimus , the mannor of d. expressing not the advowson in the clause of the grant , if afterward in the habendum there bee , habendum cum aduocatione of the church of d. the advowson passeth by such grant , although it be not comprehended in the clause of the grant ; but if the king grant the mannor of d. to which no advowson is appendant habendum cum aduacatione ecclesiae de s. this advowson passeth not ; for that , that it is mentione● after the grant , the reason of which difference they thinke to be , because in the first case , the aforesaid advowson appendant is parcell of the mannor , which is not so in the last case in the . h. . . b. and likewise in the . h. . . a. it is said , that an advowson appendant is a compound thing , to the composition whereof , diuers things are requisite , al● which things commixt , make the mannor and euery of them is parcell thereof , for as rent cannot be land , so land cannot bee an advowson nec econuerso , yet euery of these things of diuers natures , make the mannor , and are parcell of the mannor , saith keeble . and if a man demand a mannor by his writ and an advowson is appendant thereunto , hee ought to make an exception of the advowson , which seemeth to prooue that an advowson is parcell of a mannor , vpon the other part those which affirme that an advowson is not parcell , but onely appendant to the mannor , denyeth that an advowson lyeth in tenure ; for that , that only the principall thing is holden , and not the thing appendant to such principall ; as leates , co●●ts , estreates , way●es , and the like , for ( said they ) if an advowson appendant be by grant seuered from the mannor , it is holden by such and the same seruices as it was holden by before , for that , that if the advowson be seuered it should be holden pro perticula , thē the services should be encreased , and so double services should be due for one thing , for so he should haue the entyre seruices for the mannor , and also service for the advowson beeing seuered ▪ which is repugnant to reason . in this varietie of opinions ; i thinke it were most conformable to reason , to say that an advowson is not part nor parcell of a mannor , but rather appendent to a mannor , for the better entendment whereof , the law of england calleth those sorts of inheritances which are annexed to others , and what the logicians call aduncta , by these names , that is to say ; incidents , appurtenants , appendants , and regardants , of which termes of law ( regardant ) is properly of villeines , and the word ( appendant ) of a common or an advowson ; of which two an advowson is separable , but a common appendant is not in any case separable , for none can haue common appendant , but hee onely that hath the land to which the common appendant is appendant . the other two words incidents and appurtenances , may generally bee affirmed of all those sorts of inheritances that may in any manner bee annexed to other things , for so a mannor with his appurtenances , may be intended of advowsons , commons , villeines , waifes , estrayes , and the like , which are said to be appurtenances to a mannor , likewise the word appurtenant may be applyed to a court , messuage , or gardein , that are said to be appurtenant to the messuage , the word incident properly signifieth those things annexed which are not knowne by the precedent names of appurtenants or appendants , and yet are notwithstanding annexed to other inheritances , and in such sort a court ▪ baron is incident to a manor , a court of pipowders to a faire , fealtie to homage , homage to escuage ; so likewise a corrody is incident to a foundership ; and againe , of those some are seuerable , as the corrodie from the foundership , some are inseuerable ▪ as the court-barron from the mannor , except onely in case of the king , who hath power to seuer them . but that is called a part or parcell , which is a portion , and required to some composition of entyre and compound things , as the demeanes and services are part of a mannor , the gleebe and the tythes are part of the rectory , so that these are not to be called incidents , appendants , appurtenants , but parts and portions of these compound things , of which they are said to be part , parcell , or portions , and are required necessarily , to the framing of such entyre thing , of which they are parts and portions , & hereof it followeth that an advowson appendant is not any part , parcell or portion of a mannor , no more then a common is part of that thing to which it is appendant , so that the word it selfe of an advowson appendant is sufficient to set forth and declare the same , to bee no part but appendant onely , as the words importeth , wherf●re the first reason of the aduerse part may thus be answered . the bookes before mentioned namely , . e. . . a ▪ . e. . ● , b. . h. . a ▪ which are to this effect , that an advowson appendant may passe by the grant of a mannor without saying ( cum pertinentijs ) in the case of a common parson , and so likewise in the case of the king before the statute of prerogatiua regis , proueth not that an advowson is part or parcell ●f a mannor , for this being a thing appendant may aswell passe with the words ( cum pertinentijs ) as the things that are parts or portions of the same entyre thing passeth . for if a man grant common of estouers to be burnt in such a mannor , of the grantee by the grant of the mannor this common passeth , without the words cum pertinentijs for by the feofment made of the mannor without deed , all appurtenances pasle by finchdens opinion , as fitzh . abridgeth it , although it be not in the report at large , and for the argument of those in the time of hen. the . before remembred , wee say for that , that an advowson appendant passeth by the grant of the mannor it is no good consequence , for the reason aforesaid . the second reason answereth the difference in h. . where the advowson is granted before the habendum and where not , that it is not any proofe that the advowson appendant is parcell of the mannor , for prysot saith , that things in grosse or seuerall being named after the habendum , cannot passe with the first things specified in the clause of the graunt , but things appendant or appurtenant to the premisses of the grant may very well passe ; although the appurtenants be specified after the habendum . as concerning the exception of an advowson appendant to be made in the demaund of a mannor , the same is not any proofe , that the advowson is part of the mannor , for the opinion of stone is , that by the demesnes of a mannor , or by the demesnes of the moitie of a mannor , ( as the case is there ) without the words ( cum pertinentijs ) the advowson appendant cannot be recouered . lect . . if an advowson appendant that consists of demesnes and seruices , shall bee appendant in respect of the demesnes onely , or in respect of the demesnes and seruices . at this present it remaineth , to determine if an advowson appendant to a mannor is appendant , in respect that it consiseth of demesnes and seruices ; or if it shal bee appendant to a mannor , in respect of the demesnes onely , in as much as the demesnes are one corporall inheritance , and such part of the mannor , as onely lyeth in manuell occupation . this question was of late time largely disputed , & at the last , vpon graund deliberation learnedly determined , in the common pleas , in a quare impedit , betweene gyles long pla●●●ffe , and one hening pa●●on , the byshop of glocester as ordinarie , and hadler as clarke , and the same is there among the rolles of pasche . el. rot. . which i haue set heere necessarily in briefe , and being thus : a feofement in fee was made of the mannor of frembillet , and the advowson thereto belonging , and liuery of seisin was made in the demesnes , in anno , . el. and after in anno . of her reigne the advowson was granted to one ranger , and after in the . el. one boyter being ●enant of the same mannor attorned to the feoffee , then the church became voyd , and if the feoffee or the grantee should present was the question , for the better entendment whereof , wee will first see what can bee said vpon both pa●●s . that it is appendant onely in respect of the demesnes , tho●●●r the like authorities or reasons may bee produced . it is said , that an advowson appendant to a mannor , cannot be appendant to a rent , or service of the same mannor , but onely to the demesnes , whereof onely if a man hath a mannor to which an aduowson is appendant , and granteth the demesnes cum pertinentijs , the advowson passe appendant therevnto ; so likewise , if he grant the demesnes , excepting the advowson , the advowson is now becommed in grosse . if a man should haue a mannor , and blacke acre that was holden of the same mannor escheateth , so that the same acre is become now parcell of the demesnes , of the same mannor , if hee that is so seisied of the same mannor , grant all the demesnes , excepting blacke acre , and the same advowson , the advowson is become in grosse , and yet it is a mannor notwithstanding , for now blacke acre is onely the demesnes which together with the other seruices cause the mannor to continue , neuerthelesse the advowson is become in grosse , for that , that it was appendant onely to the demesnes of the mannor , which were aliened , and cannot now be appendant to blacke acre : because it was neuer before appendant to the same , in as much as appendancie is onely granted vpon continuance and prescription , and not vpon the same reason . if hee that is seisie of a mannor , whereof blacke acre is holden , and the same escheateth , and he granteth the same blacke acre , ( vna cum advocatione ) the advowson passeth not appendant to the acre , but in grosse , as aforesaid ; but if in the two aforesaid cases , a man were seisie to a mannor before the statute of westminster the third , de quia emptores terrarum , with an advowson thereto belonging , and giue certaino acres parcell of the demesnes of the same mannor to diuers persons , to bee holden of the same mannor , if afterward such acres escheate , and the lord granteth the residue of the demesnes excepting the acres so escheated , and the advowson ; the advowson is still appendant to the same mannor : because it was appendant to the same acres , before they were giuen to bee holden of the mannor . if a man were seisied of a mannor to which an advowson is appendant , and before the statute of westminster the third were likewise so seisied of other acres of land in grosse , and not parcell of the same mannor , if he had giuen the same acres of land to diuers persons to bee holden of the same mannor , ( as he might then haue done ) and after the same acres of land escheated , now are they parcell of the demesnes of the same mannor , although they neuer were so before , and after the lord of the mannor granted all the ancient and former demesnes of the same mannor vnlesse one acre , this acre and the other acres escheated maketh now the demesnes of the same mannor , and the advowson appendant , is still appendant to the whole mannor , but yet it was so appendant in respect of the one acre , that was parcell of the ancient demesnes of the same mannor , and if the lord intend at any time to seuer this , from the mannor , and still to keepe it appendant to no acre , but onely to that which was parcell of the demesnes of the mannor , all which reasons prooue that the advowson is appendant more in respect of the demesnes then otherwise . of the other part , those cases proue that an advowson appendant to a mannor is not appenpant to any part of the mannor , but to the en●yretie , for it is an intyre thing ; and therefore if a man hath a mannor to w ch an advowson is appendant , i● he enfeoffe i. s. of the same mannor , and 〈…〉 l●uerie of the demesnes and before the 〈…〉 t of the tenants , the church becomes voyd , the feoffee shall not present ; because he hath not the mannor to which the advowson was appendant : but if the tenants afterw●●●●tto●ne within sixe moneths , after the auoydance he may very well present therevnto . so likewise in the former case , if the feoffor o● the estranger present before the attornment of the tenants , yet if afterward attornment be had within the sixe moneths after the avoidance , the feoff●e may bring and maintaine his quare impedit , and so re●uer his presentation , which prooueth that the advowson is appendant to the whole mannor , as it is entyre , and not by reason of the demesnes onely , for the determination of the law in this ; it is true that the advowson in such case is appendant to the entyre mannor , and not to any part thereof , during such temps , as it remaines a mannor without alteration , or disjoyning the advowson from it ; neuerthelesse , if you will diss●lue the mannor and seuer the advowson from it , and yet desire to haue the same appendant , then it cannot be appendant to any part of the mannor , but onely to such lands as were of the ancient demesnes of the same mannor ; wherefore in the first case , iudgement was giuen , that after the attornment had , the advowson passed to the feoffee of the mannor , as appendant to the entyre mannor , and that the graunt made in the meand time betweene the liuerie of the demesnes , and the attornement of the tenants , was voyd , and that the advowson p●ssed not thereby to the same grantee of the advowson , but is ( by the attornment , by which the seruices passed ) made appendant to the entiretie in the hands of the feoffee . lect . . how an advowson may bee seuered from the principall , and by what meanes it may be reconnexed thereunto againe . in the two last former lectures hath beene declared at large ; first , to what kind of inheritance an advowson may bee properly appendant , and then in what manner , it may be appendant : now remaineth the third thing th●n treated of , that is to say , how it may be sundred from the principall ; and againe , by what meanes it may be thereto annexed by entrie or without entrie into its principall . it may bee sundred eyther rightfully or by a rightfull conueyance , of which wee shall speake more at large when wee declare the nature of an advowson in grosse , and of that which is partly in grosse partly appendant , whether it may bee sundred in a wrongfull manner , as by a tortious act , that is to say , by disseisin of the mannor , to which it is appendant , or by a wrongfull assurance as by discontinuance , or other wrongfull disposition thereof . as for vsurpation wee shall speake thereof in a place more conuenient afterward at large , if therefore a man be disseised of a mannor to which an advowson is appendant , and the advowson becomes voyde the mannor still remaining in the hands of the disseisor , this was ancient law as bracton saith , that he should not haue presented to the advowson vntill he had recontinued or made his entrie into the mannor , because saith he , quod sesinam habere non poterit quis de pertinentijs , antiquam acquiseret principale . but at this day the law is contrary , so that if a man be seisie of a mannor , and the entrie of the diseissee being lawfull the advowson becommeth voyde , the disseissee may present to the church , before his entry into his mannor , but if the disseisor bee seisie of a mannor by disseisin , to which an advowson is appendant , and the church becomes voyd , so that the disseisor presenteth , whereupon the clarke is admitted instituted and inducted , it seemeth that the disseisee in this case shall not haue his quare impedit , to recouer his presentation , vnlesse he first enter into the mannor to which the advowson was appendant , and though hee enter ; yet he shall be driuen to his action . yet if a man be seisie of a mannor , to which an advowson is appendant and bee disseisied of the same mannor and the church becomes void , and the disseisor presenteth one that is admitted , instituted , and inducted , and so continueth parson sometime after , if afterward the advowson become voide , now is not the advowson so gained by such vsurpation , but if that i that was deseisied enter into the mannor i may againe present to the advowson , because the former vsurpation was a meane betweene the disseisin and the reentrie , by which reentrie the disseisors estate as well in the advowson as in the mannor , is clearely defeated . but it is otherwise of an advowson in grosse , in which case the patron shall be driuen to his writ of right , so likewise if i be seisie of a mannor , to which an advowson is appendant , and afterward the church becomes voyd , and i present and be disturbed , and after i be deseisied of the mannor , here i shall bring my quare impedit and recover my presentation , before i enter into the same mannor . and so much is said , where the entrie of him that hath right is lawfull in the principall , but where the entrie is not lawfull there he shall not present to the advowson , vnlesse recontinuing the principall ; and therefore if a man bee seisied of a mannor to which an advowson is appendant , and be disseisied , if the disseisor dye seisied , and the church become voyd , the dissiessee shall not present to the church , vnlesse hee first recover the mannor . if tenant in tayle bee seisied of a mannor , to which an advowson is appendant and maketh discontinuance of the same mannor , and after dyeth , if the church become voyd the issue in taile shall not present therevnto , vntill hee hath recovered the mannor by formedon to which the advowson was appendant . likewise if a man bee seisied of a mannor in right of his wife , &c. and both discontinueth the mannor with the advowson , and the husband dyeth , if afterward the church become voyde , the wife shall not present vntill shee hath recontinued the mannor by cui in vita , but forasmuch as the statute of the . h. . . giueth in such case power to the wife , or her heires , to enter into the land so aliened . the law at this present day , must of necessity bee taken , that the wife or her heires in the former case may present , without recontinuance of the mannor , for that , that the same statute ordained then , that such alienation &c. feoffement act or acts , made or done by the husband , shall not bee nor make in any manner any discontinuance thereof , or be preiudiciall to her or her heires . the former rule hath an exception in this manner , yet notwithstanding the entrie being not lawfull in the principall ; yet if the advowson be severed , and in any manner cannot bee recovered , then may the party wronged notwithstanding present without recontinuance of the principall ; as if a man before the statute of the . h. . . be seisied of a mannor in right of his wife , to which an advowson is appendant , and giueth to an estranger the same mannor or parcell thereof with the advowson in ●e● , and dyeth afterward , the church becommeth voyde , and the estranger presenteth and then alleneth the land to another in see , sauing the advowson , and now the church becomes voyde , the wife in such case may present to the church without any recontinuance of the land discontinued to which the advowson was appendant . quare therefore in the . h. . where it is holden that if there be tenant in tayle of a mannor to which there is an advowson appendant and he alieneth the mannor , with the advowson in ●ee , and the discontinued granteth the advowson to another in fe● , severing it from the mannor ; the issue in tayle shall not present vntill such time as hee hath recontinued the mannor , neuerthelesse if a remitter bee of the principall , hee that is so remitted may present to the advowson the next time that it becommeth voyd , notwithstanding any vsurpation thereof before had : for if tenant in tayle bee of a mannor to which an advowson is appendant and discontinueth the same , and the discontinuee granteth the advowson to another in fee , and afterward reenfeofeth the tenant in tayle of the mannor , who dyeth seysied of the mannor , now his heyre shall present to the advowson when it becommeth voyde ; and if hee be disturbed hee shall haue a quare impedit , because hee is remitted to the mannor , and hath not any remedie otherwise to come to the advowson . but vpon the other part if tenant in tayle bee seisie of a mannor to which an advowson is appendant and discontinueth the same , and afterward the church becomes voyde , and the tenant in tayle presenteth to the church by vsurpation , it seemeth by the better opinion , of the . h. . . . that hee is not remitted to the advowson , for that , that his ancient right therevnto was as to an advowson appendant , but now it is in grosse ; but if the tenant in tayle had aliened the same to an estranger in fee , and after dyeth ; notwithstanding that , hee take the rents and services , that afterward discendeth to the issue , yet is the issue therevnto remitted ; because such rents and services are parcell of the mannor and not appendant . and so it was likewise before the said statute of a . h. . if a man bee seisie of a mannor which is an advowson appendant in right of his wife , and discontinueth the same mannor , and after the church becomes void , and he presenteth to the church by vsurpation , and dyeth ; hauing issue by the wife , and the wife also dyeth , the issue in this case is not remitted to the advowson , for the reasons before shewed ; hereof it en●ueth likewise , as before partly hath appeared , that in all cases where there is a mannor , to which an advowson is appendant , and the mannor with the advowson is aliened with wrongfull conueyance , and the entrye of him that hath right is not taken away , there may hee present to the church without recontinuance of the mannor , to which the advowson is appendant ; and therefore if a man make a lease for life of a mannor to which an advowson is appendant , if the lessee for life make a feofment in fee , of the mannor and advowson ; and after the church becommeth voyd , the lessor may present to the church , without any entrie made into the mannor , because his entrie was lawfull into the mannor . but if it be a rightfull purchase that requireth some other act to be done , for the execution and perfection of the same , then cannot the perfection thereof bee accomplished in the accessarie , that is to say , in the advowson before the same bee performed in the principall ; wherefore it is holden by the better opinion in the . e. . . . that where a certaine chamber was exchanged for certaine acres of land , with an advowson appendant to the same acres of land : to perfect this exchange , hee that had the acres and advowson in exchange , could not present to the advowson vntill he had made his entrie into the acres . and thus much hath beene said ▪ how an advowson appendant may bee seuered from the principall , and againe recontinued with re-entrie , or without entrie into the same . lect . . of advowsons in grosse . as concerning our first purposed diuision , to be eyther appendant or in grosse , or partly appendant , or partly in grosse ; i haue before prosecuted the first part , that is to say ; the natures of advowsons appendant , now therefore it resteth to speake somewhat of advowsons in grosse . the originals of advowsons in grosse , seemeth to be grounded vpon two occasions ; the first is , that advowsons in grosse at the beginning begun originally by one of the before-specified three manner of wayes ; which is , ratione fundationis , for when they were agreed , that hee that founded the church , and was at the cost of the building thereof , should be patron thereof ; hee cannot be patron of this by reason of any land or d●●ation , by which his patronage might be appendant , but onely by reason of the building , which being a patronage without land , must of necessitie bee the originall cause of advowsons in grosse . the second occasion of advowsons in grosse , was the sundering and seuerance of them from the principall to which they were first appendant , and so by graunt or other conueyance they became in grosse , which before were appendant ; wherefore how they may be fundred by graunt , now let vs consider , and see what questions in our bookes haue been moued herevpon . in the . h. . . . . pyer of the opinion that shelly is , that if a man be seisied of a mannor , to which an advowson is appendant and alien one acre parcell of the mannor , and by the same deed , after graunteth the advowson , that the advowson shall passe in grosse ; otherwise , hee thought the law to bee as if the feofment were made of the entyre mannor ; yet this difference agreeth not with the opinion of hill , who thinketh that in both cases , the advowson passeth appendant . yet i thinke , if a man be seisied of a manner to which an advowson is appendant , and after granteth by his deed one acre parcell of the mannor , and by another deed the advowson , and deliuereth both those deeds at one time to the grantee , although in construction of law , both those deeds are but one deed ; yet the advowson passeth in grosse clearely , and not appendant to the acre . if a man be seisied of a mannor with an advowson thereto appendant , and graunteth the mannor to i. and s. excepting one acre , the advowson not being specially spoken of , in the grant , it still remaineth to this acre excepted ; fo 〈…〉 saith bracton ▪ si partem fundi dederit quis quamvis cum omnibus pertinentijs suis , & partem retinuerit , non propter hoc transfertur advocatio sed cum donatore , remanebit licet minimam partem fundi retinuerit non enim transfertur cum aliqua parte fundinisi special●tur transfertur . if hee which harh a mannor to which an advowson is appendant giueth one part of the mannor , with one part of the advowson to a. and the second part of the mannor with the second part of the advowson to b. and the third part of the mannor with the third part of the advowson to c. in fee , yet notwithstanding this diuision , the advowson remaineth in common , appendant . if a mannor to which an advowson appendant is belonging , discend to an heire , and if hee grant the moitie or third part of the mannor cum pertinentijs , no part of the advowson passeth ; but if he assigne dower to his mother , of the third part of the mannor , cum pertinentijs , she is hereby endowed of the third part of the advowson and may haue the third presentment . it a man bee seisied of a mannor or one acre of land to which an advowson is appendant , and maketh a lease of the mannor or acre , for tearme of life , excepting the advowson , the advowson is in grosse and cannot bee appendant to the reuersion of the mannor or acre . but if i lease the advowson for tearme of life , reseruing the mannor in my hands , yet the reuersion of the advowson remaineth alwayes appendant to the mannor , or to the acre of land. for if a grant be made by me of a mannor or acre , with the appurtenances , the reuersion of the advowson passeth , for the reuersion of an advowson may bee appendant to a mannor or acre in possession , but the advowson in possession cannot be appendant to the reuersion of an acre or of a mannor . also , if a man hath a mannor to which an advowson is appendant and alieneth the same mannor , and excepteth the advowson , the advowson is become in grosse , and although hee purchase the mannor , yet is the advowson still in grosse ; and cannot bee appendant . but in all these cases some are of opinion● that although the advowson bee excepted out of the grant of the mannor , yet neuerthelesse , it is requisite to haue a deed of such grant containing such exception , otherwise the advowson will passe with the mannor . lect . . of advowsons partly appendant , partly in grosse . hauing formerly spoken of advowsons appendant and in grosse , now remaineth the last member of the former diuision to be mentioned , which is advowsons partly appendant , partly in grosse . such advowsons as are partly appendant and partly in grosse , are so deemed either in respect of the time or in respect of the persons . in respect of the time in this manner , some advowsons there are , that are at one time appendant and at another time in grosse , and so againe may be appendant as occasion serueth . as if a man bee seisied of a mannor or of an acre of land , to which an advowson is appendant , and leaseth the same mannor or acre , excepting the advowson , the advowson is now become in grosse , and yet after the lease is ended , shall bee againe appendant as before . in respect of the parson it may so happen , that an advowson may bee appendant in regard of a proprietor thereof , and that in many cases . one case to begin with , is this , that if a man be seisied of a mannor to which an advewson is appendant and an estranger leauieth a fine of the same advewson to him that is now seisied of the mannor and advowson , vpon which sine the said coun●ee : ( being still owner of the mannor and advowson ) granteth to the counsor that hee shall present to the advowson euery second auoydance , by this sine the advowson remaineth in respect of him that hath the mannor , still appendant to the mannor as before , but in respect of the counsor that neuer had interest before , at euery second auoydance it is become in grosse , and he shall present therevnto as to his advowson in grosse . but if ( as he in the former case ) hee that was seisied of the mannor had leauyed the fine , ( and the estranger so being counsee ) and made such grant to the counsee to present at euery second turne , the advowson had beene totally in grosse ; for by the counsance it had beene wholly in grosse , and scuered from the mannor . if three bee seisied of a mannor that hath an advowson appendant thereto belonging , and two of them releaseth all their right of the advowson to the third , the third is seisied of two parts of the advowson as in grosse , and of the third part as appendant , for that , that the third part , was neuer seuered from the mannor , but if the third dye , all the entyre advowson descends in grosse to his heyre , for nothing was in ioynture but the mannot that suruiued to the other two , that released , their right in the advowson , and no part of the advowson can come to them ; for that , the same was not in ioyn●ure , at the time of the death of the third ioyntenaue , and also because they released their right before . if two ioyntenants bee seisied of a mannor to which an advowson is appendant , and the one granteth all his right of the advowson vnto another in fee , this advowson is both● in grosse and appendant , and if hee that hath the mannor , and ought to present euery second turne ; bring his quare impedit , he shall not say that he is seisied of the mannor with the advowson appendant at euery second turne ( namely , when there is partition betweene them ) to present by turne , but shall say that he was seisied of the mannor with the moytie of the advowson appendant . if a mannor with an advowson appendant therevnto , descend to two coperceners , and they make such partition of the mannor , and composition to present , although the composition be otherwise then of right is due , yet is the first presentation to belong to the eldest , and the second to the second copercener , &c. and the advowson remaineth still appendant notwithstanding such composition , to present by turne . but if three mannors discend to three coperceners , and an advowson is appendant to one of them , and they make such partition , that euery copartner hath a mannor allotted to him , and composition to present by turne to the advowson , now is the advowson in such case severed and in grosse , in respect of the coperceners . if a man bee seisied of foure mannors , and to one of them an advowson is appendant and dyeth , hauing foure daughters , who maketh partition of the mannors , so that everie of them hath a mannor , out of which partition the advowson is excepted , this advowson is in grosse by reason of the exception ; yet it seemeth if all the other sisters should dye , except shee to whom the mannor was allotted to which the advowson was apdendant , that the advowson should bee againe appendant to the mannor . if two churches bee , and the advowson of the one is appendant to a mannor , and the other is in grosse , and the two churches hap to bee vnited , and vpon the vnion it is ordained , that the patrons shall present by turne , now in respect of him that hath the mannor , the advowson shall be appendant , and hee shall present thereunto as to an advowson appendant , but as to the other , hee shall present as to advowson in grosse . lect . what presentation is , and what is the effect and fruit thereof , and in what manner presentation and nomination differ . in the aforesaid lecture or reading hath beene declared such matters as was requisite for the explanation of the word right , set forth in ●●● description of an advowson , which word being there put in steed of that which the logicians call genus , the rest of the words subsequent there likewise expressed , are the proprieties effects , and qualities incident to an advowson , thereby to distinguish this right from other rights so that by such discription , the nature of an advowson may be fully deciphered . an advowson as is said , is ius presentandi , and the power to present is the very fruit effect , and entire profit of an advowson , which is by the meanes of presentation to preferre and advance our friend , and presentation is thus described . a presentation is the nomination of a clarke to the ordinarie to bee admitted , and instituted by him to the benefice voyd , and the same being in writing , is nothing but a letter missiue to the bishop or ordinarie , to exhibite to him a clarke to haue the benefice voided , the formall force hereof resteth in these words chiefly , presento vobis clericum meum , . h. . . b. therefore in our bookes of law , an advowson is called nothing but a nomination or presentation , a power to preferre and inable another to haue the benefice , which not with standing the patron cannot inioy . wherefore if the nomination of an advowson be granted habendum the advowson , the habendum is sufficiently pursuant ; for although it varie in name , yet it is all one in nature , so that the graunt of the nomination of an advowson , is in substance the graunt of the advowson . for the profit and commoditie of an advowson resteth in the nomination or disposition of the same : hereof i● ensueth , that if a man grant to me an advowson excepting the presentation during his li●e , such exception is voyd and repugnant to the graunt . so that the opinion of thompton in the second commentarie of plowden in the arguments of smith and stapletons case , cannot bee law ; who thinketh that if tenant in tayle bee of an advowson , and bee granteth to one by fine the nomination of the clarke to the same advowson when it becom meth voyd , that this fine shall not bind the issues , by the statuto of the . h. . . because such fine is leuyed of a thing intayled , as hee thought ; whereby aboue it hath appeared , that the presentation and the nomination is one thing , and the fruit and full profit of the patronage ; and therefore such fine is of full effect and force to binde the issue in tayle , for the advowsons , and yet if the case aforesaid bee so vnderstood , that tenant in tayle of an advowson granted by fine the nomination of the clarke to one , and his heyres , so that when the church become voyd , the grantee and his heyres should nominate a clarke to the tenant in tayle and his heyres , and that hee or they should present : the clarke ( so nominated ) to the ordinarie , and the tenant in tayle dyeth , such fin● shall not bind the issues in tayle ; therefore the fine is not of things intailed , for there is the nomination and presentation distinguished . the presentation may bee distinguished from the nomination , so , that one may haue the presentation , and another the nomination , and so they may bee diuers distinct inheritances . as if i being seified of an advowson in see , granteth to i. s. and his heyres , that he and his heyres euery time the church becommeth voyde ; shall nominate to mee a person to bee presented to the same church , which person so nominated , i or my heyres shall present to the ordinary of the place to be admitted accordingly , into the church . and a question hath beene moued here vpon who shall be said patron of the same church , some thinke that hee that hath the nomination shall be patron onely , and that he that ought to present , shal be as seruant to him that hath the nominatiō . therefore in the . e. . . the iustices distinguished , that if one bee seisied of an advowson and granteth to i : s. and his heyres to nominate at euery auoydance to him and his heyres a parson to be presented to the same church , which parson so nominated , shall be by him or hisheires presented to the ordinary , that he to whom the nomination is so granted shall be patron . but if i grant to i. s. that at euery auoydance hee shall nominate to me two clarkes , of which i shall present one to the byshop , now i remaine patron , not with standing this , because the election is in me which of the parties named shall bee presented and haue the benefice . if a man haue the nomination to a benefice , and an other the presentation , and he that hath the presentation granteth an anuitie to a clarke vntill he be advanced to a benefice by the grantor , if afterward the church become voyd , and the grantee bee nominated , to the grantor to be presented ouer , who doth so accordingly , and vpon this bee admitted , instituted and inducted , yet the anuitie shall not cease , for that , that the grante● was not the● vnto pref●●●ed by the g●a●tor , ●lthough he p●●se●te 〈◊〉 . of ●●e other p●r● there is an au●ho●ity , that 〈◊〉 ● spiri●●all ma● haue the presentation , and a lay man the nomination , if the lay man nominate to the espirituall man a clarke to bee presen●ed over , who doth s● accordingly , if before his admission the lay man nomina●e another to bee likewi●e pr●sented , which the spirituall man refus●●h to doe ; for that , that hee hath presented one already by his nomination , the lay man shall not maintaine any quare impedit against the presentor for such re●●sall ; becaus● , the spirituall man is patron , and beeing a spirituall man , hee cannot change his presentation alreadie made ; also it should s●eme in such case , that the presentation should bee made onely in his name , ●hat hath the presentation , and not in his name that hath the nomination ; therefore , if the ordinary should refuse the clarke for disabilitie , notice shall be giuen only by him , to him that hath the presentation , & not to him that hath the nomination ; for the better reconciliation of of those and the like authorities , distinguendum est sic , that in resp●ct it must bee had o● such an estranger , as shall vsurpe vpon the byshop or vpon the patron in regard of each other , and in respect of all strangers that vsurpe ; hee that hath the nomination is onely patron , and shall haue a quare impedit or a writ of right , as h●s case requireth : in which his writ of quare impedit , shall be this ; quam permittit ipsum presentare : but his declaration shall bee especiall , that the plaintiffe ought to nominate one , & that be ought to present him ouer to the byshop , and that b. hath diurstbed him of his nomination , and the writ to the byshop shall bee a recoverie to the plaint●ffe , quod ey●scopus admittat clericum ad denominationem , &c. in resp●ct of the byshop that hath the presentation , he shall be said patron ; for if hee that hath the presentation cannot varie from his presentation , the other shall not ; yet if hee that hath the presentation , and he that hath the nomination bee both laymen , then he that hath the nomination may varie in his presentation , and change the same as often as he will , vntill institution be had : wherefore in the former case it ensueth , that if hee that hath the presentation bee a spirituall man , and present him that is nominated to him , beeing not fit , hee ought not to haue notice giuen him of the refusall of the ordinarie , for this cause , he that hath the nomination shall not haue any notice likewise . for i thinke the law to bee thus ; if one hath the nomination and another the presentation , and the church becomes voyde , if the laps incurre , and hee tha● hath the p●esentation onely presenteth to the byshop , before the byshop take benefit of the laps , without any nomination of the other , the byshop in this case ought and is bound to admit his clarke that hee so presenteth , as the clarke of the patron himselfe . if respect be had each of other , then are they both patrons after a manner , and by iniurie offered by every of them to the other , one of them may punish the other . as if he that hath the nomination will present immediately to the ordinarie , he that hath the presentation may bring a quare impedit or a writ of right of advo●son , against him as his case requireth , so if hee that hath the presentation refuse to present the clarke nominated to him , or present one himselfe without nomination , the other shall bring a quare impedit or a writ of right against him , and his writ shall bee quod permat . ipsum presentare , &c. but in his declaration hee shall declare the especiall matter . in every of which suites and recoveries , and in the writ to the byshop shall be so ; if hee that hath the nomination present to him that hath the presentation , he that hath the presentation may disturbe him in two manners ; eyther by refusing the parson nominated , or by presenting some other himselfe that is not nominated . if hee refuse to present him that is nominated to him ; and suite bee commenced without any actuall presentation made by himselfe , then the writ to the byshop of him that hath the nomination shall bee , that hee shall recouer his nomination , and that the byshop shall admit such as the other hath nominated to the presentor , according to his grant of nomination : but if the disturbance vpon which the suite is granted bee because the presentor that should present the parson nominated , hath presented some other himselfe , without nomination , then the nominator shall haue his writ to the byshop to present his clarke immediately without any nomination at all , to be made to the other , that hath the presentation and to remoue the other incumbent . finally , if one hath the nomination , and another the presentation , if such right of presentation acrew to the king , this shall preiudice , the inheritance of him that hath the nomination but he shall nominate to the chancellor still , who in the name of the king shall present to the ordinarie . and if the king present without any such nomination , the nominator shall bring his quare impedit , against the incumbent onely , because the king cannot be tearmed as a vsurper . lect . . the things incident to presentation prosecuted , who may present , what parsons may bee presented , to whom the presentation must be made , and the manner thereof . before hath beene shewed what a presentation is , and what is the effect and fruit of the patronage ; and finally , in what case the presentation and nomination differeth . at this time it resteth , how to prosecute the things incident to presentation , and to make show who may present , what parsons may bee presented , to whom the presentation must bee made , and in what manner ; but because no presentation can bee made vnlesse to a church or dignity , something shall bee showed , when they shall bee voyde , and vpon what occasion . an avoydance is in two sorts , actuall in deed , destitute in law , which is an avoydance de facto , and auoydance de iure . actuall , is when the church is actuall in deed destitute of his incumbent in law , when the church being full of an incumbent , is notwithstanding frustrate of his right and lawfull incumbent by reason of incapacitie or crime in the parson of him that occupieth in steed of the rightfull and lawfull incumbent , and therefore amongst the canonists , ecclesia dr. viduam tuam sponsumque habet invtilem , there is therefore a great difference betweene voydance in law , and voydance in deed ; the first of which two , the espirituall court hath to determine , and therefore the supreame head may so dispense there , that such anoydance in law shall neuer come to be auoydance in deed , and of auoydance in law no title acreweth to the patron , vnlesse something bee therevpon accomplished , by the espirituall court , as a declaratorie sentence or such like ; but , vpon avoydance in deed , presentment acreweth to the patron , yet in such and the like cases , distinguendum est , for if the dignitie bee temporall , as a master of an hospitall or such like , and that there be found defect in him by visitors , it is an actuall avoydance , and the patron may vpon this make a new collation , without solemne sentence of depriuation ; but if the dignity bee espirituall , it is requisite vpon such defect that sentence of depriuation bee giuen , before auoydance can bee , and that such sentence be notified to the patron , otherwise laps shall not incurre against him , auoidance and plenartie , are primati●a contraria , which if they come to bee tryable by issue betweene the parties , they are tryed by two distinct lawes . plenartie , which is , if the church be full of an incumbent or not , shall bee tryed by the common law , which is by the certificate of the ordinarie ; but avoydance , which is , if the church bee voyde or not , shall bee tryed by the country impanuelled in a iury , notwithstanding if the issue bee vpon any speciall sort , or manner of avoydance , the same shall be taxed by the certificate of the byshop , so that such speciall cause shall be spirituall . the efficient causes of avoydance , are eyther temporall as death , or spirituall as deptiuation , resignation , creation session , and entrie into religion , whereof more shall bee said afterward . lect . . the two first particuler causes of avoydance of churches , viz. is eyther temporall , as death ; or spirituall , as depriuation ; the one of it selfe being manifest , and the other a discharge of the ▪ dignitie or ministerie . in the last lecture or reading before , was shewed something of auoydances of churches in generall , now it remaines to pursue the perticular meanes ; that is to say , death , deprination , resignation , creation , or cession , and entrie into religion , of euery of which , we will speake something , as the cause requireth . and first of all , concerning death , quae omnia solui● , the matter of it selfe is manifest , and needeth no further declaration . as concerning depriuation , it is a discharge of the incumbent of his dignitie or ministerie , vpon sufficient cause against him conceived and prooved ; for by this , hee looseth the name of his first dignitie , and herein two manner of wayes ; eyther by a particuler sentence in the spirituall court , or by a generall sentence by some ▪ positiue or statute law , of this realme . deprivation , is in the spirituall court for that , that it is grounded vpon some defect in the partie deprived , although it bee by act of law , yet it is deemed as the act of the partie himselfe . the causes of depriuation , by censure in the spirituall court are to be referred to the common law , therefore let vs remember such of them , vpon which questions haue beene mooved in the bookes of our law , all which causes mentioned seuerally , may bee reduced to three principle points ; first , want of capacity ; secondly , contempt ; thirdly , crime . as concerning the first , although by the common law , a lay person bee presented , and instituted , and inducted , to an especiall benefice , which curate is altogether vncapable of the same , yet the church is not therefore to bee said voyde , as if no presentation had beene , but it is still full of an incumbent , de facto licet non de iure , vntill by sentence declaratorie for his want of capacity , the church be adiudged voyde , and vpon this no laps shall incurre against the lay patron , without notice ( of such incapacity , & sentence of deprivation therevpon ) to him giuen , king h. . presented one that was incapable of his presentation , and the presentee was thereby admitted , instituted & inducted , and afterward the pope enabled the presentee by his bill , yet the king had a scire fac . and thereby recovered his presentation againe , because the incumbent was not capable whē he was presented . if the patron present one that is meerely a lay ▪ man , within the age of . & . he vpon this be admitted , instituted , and inducted , and afterward a qua. imp. be brought against the patron and the same incumbent , whereof iudgment is given by the default of the incumbent , where indeed the incumbent was neuer at any time duely sommoned according to the law , by reason of which iudgment , the same incumbent is removed , if vpon this afterward , the said incumbent by sentence declaratory be deprived in the spirituall court , for want of capacity in suite there , for the cause of his incapacity exhibited against him , such sentence is good , & availeable in the common law , although the said incumbent were before removed from his beneside by the iudgement giuen against him in the qu. imp. for though such declaratory sentence giuen against him by the spirituall law , cannot remoue him that is removed already , yet it shall make this incumbent answerable to the next incumbent , for all the meane profits received by him , that was the first incumbent , from the time of his induction . yet if the first incumbent so depriued , will afterward bring a writ of deceipt vpon the iudgement given against him in the quare impedit by default ; for that , that he was not sommoned as aforesaid , hee shall haue iudgement herein , and the same deprivation had in the meane season in the spirituall court , no impediment therevnto ; for that , that in the said suite of deceipt the incumban●i● shall not be in question , but onely the disturbance of the plaintiffe , in the quare impedit , and so for incapacitie . contempt , may likewise be a cause of deprination , as if the parson or other incumbent bee excommunicate , and he so remaineth in his obstinacie for the space of fortie dayes , hee is for this depriuable of his benefice , and yet the church is not voyd in deed , without sentence in depriuation giuen against him , and if before such depriuation , the king as supreame ordinarie and the head of the church would haue a dispensation to the incumbent , who for all the sentence of depriuation for his contempt had , hee shall hold his benefice ; such dispensation were voyde , and should restraine the patron from his presentation acrewed to him , by meanes of such depriuation after ensuing . the third cause , is crime , within which may be comprehended delappidation , or spoyle of the church benefice , once , in our bookes , worthy of depriuation , likewise sohisme or heresie ; for the which , or if for some other causes the incumbent were depriued in ancient time in the court of rome , vpon such depriuation comming in question in our law , the issue should be vpon the avoydance , and it should be tryed where the church or dignitie is ; but because , crime is hidra , with many heads , and an evill tree , whereof is bred ingens prouentus much fruit , for all fruit of offences which may be comprehended vnder this name ; therefore let vs surcease further to deale with it , onely in generall , noting those three things as the incidents , and consequents of depriuations . first , that our law adiudgeth not the church actually voyde , without a sentence of depriuation , as hath beene before prooued . secondly , that though such sentence of deprivation be meerely wrongfull ; yet the dignitie is voyd , and the sentence remaineth in his force , vntill it bee released . thirdly and lastly , if the party depriued within time require by this law an appeale ( vpon such sentence of depriuation giuen against him at the court of the high iurisdiction ) such is the nature of an appeale , that it holdeth ( the sentence vpon which it was first brought ) in suspence ; because , in the common law it is said , to haue effectum suspensum prioris pronuntiati ; and therefore , if it bee brought vpon depriuation , it voydeth the vigour thereof , and reuiueth the former dignity , for such church shall not be voyde , vntill the first sentence of depriuation chance to be affirmed in the appeale , and thus much of depriuations in the spirituall court , shall suffice at this time . concerning depriuation by censure of statutes and positiue lawes , see these books ; that is tosay , . el. cap. . , h. . cap. . reviued by the . el. cap. . or . lect . . the third particular cause of avoydance , being spirituall , is resignation . the precedent lecture before going , hath shewed the particuler causes of auoydance of churches , whereof the two first , death and depriuation , hath beene at large disciphered ; the next is resignation , of which i will also at this time something speake . resignation , or as the canonists tearmes it remytation , est iuris proprij spontanea refutatio , or whereas resignation is the voluntarie yeelding vp of the incumbent ( into the hands of the ordinarie ) his intrest and right which he hath in the spirituall benefice , to which he was promoted . of which the matter or subiect is the spirituall benefice , as promotion ecclesiasticall . the forme is the manner how , and with what words and due circumstances it is or should be accomplished . the finall causes or effects hereof , is eyther thereby to make the spirituall benefice void and destitute of its incumbent , or vtterly to anient and totally to extinguish such spirituall promotion . the efficient causes are the persons that resigne ▪ and the persons to whom it is or ought to be resigned . as concerning the matter ; this onely may suffice to be obserued , that all spirituall dignities presentatiue may properly be resigned , although they be abbies , priories , prebends , parsonages , or vicaridges , yet such dignities as are certaine may also be resigned , or to speake more properly relinquished , as were some of the abbies in the time of king hen. the . and so may bishop . pricks at this day be resigned , &c. into the hands of the king as supreme ordinarie of the church and rightfull patron of the same bishoprickes . as concerning the forme of resignation , and protestation which must be when the partie will resigne , they are set out in the register , fol. . in the folioes of the booke following , as fitzh . noteth in his nat br. fol. . f. or s. the words of chiefe effect in such instrument of resignatine , are remantiare , edere , & dimittere , for resignation is not any proper tearme of the common law. yet the law of this realme , more respecting matter then formalitie of words , hath adjudged a graunt made by a prebenda●ie to the king , to be an effectuall resignation in the forme of these words following , that is to say : noverint me a. &c. exanimo deliberatiuo , certa scientia & mero motu , & ex quibusda● causis iustis & rationalibus me specialiter m●uent . vltrò & sponte dedisse serenissimo domino ●●stro ed. . angliae , &c. supremo capiti totor●● prebendarum suorum ac omnia maneria terras , tenement a possessiones & hereditament a quecunque , tam spiritualia quam temporalia , ac omnem plenam & liberam facultat . dispositionem authoritat . & potestat . dictae prebendae pertinen . spectan . appenden , &c. habendum & tenendum eidem rege hereditor . & successoribus suis , ad eius vel corum proprium vsum , &c. as touching the efficient causes of resignation ; as first , the person that resigne , if hee be not but onely admitted and instituted , although as concerning the spirituall function he be a parson before induction , yet because no part of the free-hold of the spirituall benefice is transferred to him , but by the induction , hee cannot vntill after the induction , if the king be patron , make any good and effectuall resignation ; as therefore , renuntiatio respi●it plerumque ius quesitum , ac repudiamco pertinet adius nondum acquisitum . as also for that , that by this submission and institution , the church is not full in respect that the king being patron , such incumbent before induction is full subiect to haue his presentation and institution revoked . but if a subiect bee patron , and his presentee be admitted , such presentee ( if hee be willing to leaue his charge ) may before induction resigne the church , for the espirituall dignitie was ful of an incumbent in respect of his patron , and because also there is no other meanes to cleare the church of him but by such renunciation . as concerning the person to whom resignation must be made ▪ distinguendum est ; for if he be onely purposed to auoyd the church , and to cause the patron to present againe , then it ought to bee done to the ordinarie to whom of right the admission and institution belongeth , and to whom the patron is bound to present ; for it is a rule amongst the canonists , apud enim debet fieri renuntiatio apud quem pertinere , dignoscitur confirmatio , and reason will , it shall be so ; because the king as supreame ordinarie , if such resignation should be made to him , hee is not compelable to giue notice to the patron of such resignation , nor can hee or any other ordinarie collate vpon the patron such notice . notwithstanding , if the purpose be vtterly to extinguish such dignitie spirituall , the same resignation may be made to the king , as to the supreame head of the church , as in ancient time it might haue beene made to the pope . for such authoritie and iurisdiction as the pope vsed in this realme , was contradicted by an act of parliament made in the h. . and other statutes to be in h. . and his successors ; which iudgement and opinion i hold to bee firme law , especially where the king himselfe is patron , or where the patronage is to some spirituall man for euer , vpon spirituall parsons the pope ( before the statute of the . e. . ) by his prouisions and other meanes vsed more iurisdictions then at any time lay persons could be permitted to doe . the finall effect which consisteth in the end , wherefore resignation was ordained , wee haue heard to be two fold , the one to adnihilate the spirituall promotion , the other to make it voyde and fit for no incumbent ▪ of the first , we haue sufficiently spoken before , and the vse of the other is manifest by those authorities subsequent . a prebend maketh a lease for yeares rendering rent , and after resigneth it , it is holden cleerely , that by this his resignation , this prebend is discharged of the rent , and therefore such charge shall not be any burthen to his successour ; likewise if a parson resigne after hee hath made a lease for yeares , the lease is avoyded . likewise , if a parson permute or change his benefice , which indeed cannot bee accomplished without resignation , the charge or graunt made by such incumbent for yeares , is vtterly voyde . if a parson grant an anuitie out of the parsonage , and after resigne , if after all this the patron and ordinarie will confirme such graunt , the confirmation , and the graunt which was voyd before confirmation cannot be availeable . with which agreeth pollyard , who saith ; that if a parson charge a gleebe , and after resigneth or dyeth , the charge is avoyded . a recoverie was had against a parson in an action of debt , and in a fierifac . therevpon the sheriffe returned , that the defendant was clericus beneficiatus & non , &c. in this case , if the defendant resigne , the plaintiffe is destitute of his recovery , for by such resignation the church is discharged ; because , the ordinary cannot sequester the spirituall benefice vpon any processe awarded to him . but if the incumbent that so chargeth , bee such as hath by the law absolute power to deale with the lands of his spirituall dignitie , without the confirmation of any other , and may by the law discontinue as abbot or pryor or such like , then such charge by him shall not be voyd , by such resignation , but shall continue against his successors vntill it bee avoyded by some other meanes . thus much concerning the finall cause of resignation , to which suffer vs to annexe the causes allowed by the common law , to mooue a byshop or any other bene●iced parson to relinquish and surrender their function , conscientia criminis , debilitas corporis , defectus scientia , malitiae plebis , graue scandolum , & irregularitas persona . lastly , let vs consider , that resignation is deemed in the law totally to be the act of the partie , and therefore if any incument being plaintiffe in any action resigne his dignity or promotion , his writ brought by him as incumbent shall abate . but if such incumbent take out a writ concerning his r●ctory , and afterward resigne , and againe be promoted to the same dignity , before the returne of the writ aforesaid , it is good and auaileable . vpon the part of the de●endant vpon the same reason , is the law ; that if any action bee brought against any incumbent , that may charge him in respect of his seuerall promotions , his resignation ( hauing the same suite ; for that , that it is his act ) shall not abate such writ or action . it is to be noted , that there are two sorts of resignations , the one is absolute , when the incumbent intendeth so to make voyde the church , and to surrender his right therein to the ordinary , wherevpon the patron may present whosoever it shall please him to the church , as if the said had beene voyded by death , or other meanes of avoydance , as by precedent authorities hath appeared . the other cause of resignation , is causa permutationis , of which in the register , fol. . b. appeareth a precedent . whereupon also ensueth the forme of presentation in this manner . in dei nomine , ego h. w. nunc rector ecclesiae de p. london . diocefies & prius rector ecclesiae de l. ● . dictae p. diocesies protestor dico & allego in hijs scriptis quod si contingit quod huiusmodi ecclesia me● , de p. absque dolo & culpa meis in hac parte à me aliqualiter evincatur volo & intendo ad dictam ecclesiam de n. absque aliqua difficultat . libere & licite redire , & eam rehabere iuxta canonicas sanctiones & protestor insuper quod non intendo nec volo ab huiusmodi protestatione seu affectu eiusdem recedere aliqualiter in futurum sed eidem protestitationi & contentis in eadem volo & intendo in futuris temporibus sirmiter adhaerere , iuris benesicio in omnibus semper soluo , &c. but to what purpose protestation should seem in our law , i cannot perceiue ; for that , that it appeareth by the booke in the ▪ h. . & fitzh . exchange it . lect . . the next speciall meanes , in avoydance of spirituall promotions presentatiue , is creation . now creation is , where the incumbent is not onely elected , but consecrated byshop , or atchbishop . by the former dignities of such consecrated , the benefices becomes voyd , and the churches or places seuerall ( where their former sanctuarie was to be executed ) and vtterly discharged of their incumbent , and this immediatly vpon consecration without solemne sentence declaratorie in the spirituall court. the reason whereof , is not onely for inconuenience of pluralities ; but also , because it should be likewise inconuenient for one and the same parson to be a subiect and a soueraigne , which in the course of our manner of iurisdiction cannot be , but is reserued in the superiour . neuerthelesse , such auoyuance is not before consecration or creation , nor before consecration is he that is promoted , deemed or called bishop , or archbishop : as appeareth by those authorities of . e. . fitzh . br . . vide . e. . f. . trial . . . e. . . a. b. vide . e. . . a. b. . e. . . b. . e. . . . h. . . . . & . h. . . ● . for the better vnderstanding of this kind of auoydance , it is to be noted , that as foure things are required to concurre for the full perfecting of any parson or parsons preferred to any dignitie ecclesiasticall , presentatiue or collatiue , as ( to wit , ) first of all presentation , or as the case requireth collation ; secondly , admission ; thirdly , institution , and fourthly & lastly , induction . so in the promoting of a bishop or archbishop , by the spirituall lawes , were required ( before the statute of the . h. . cap. . ) also foure things , answerable in many respects to the foure former before recited . as first election , secondly confirmation , thirdly consecration , creation , or investure ; and fourthly , installation , or inthronation . the election was made by the deane and chapter , or by the pryor and co●ent , where they being as deane and chapter , as in euery of the seas cathedrall of canterbury , worcester , and norwich , in which churches the pryor and covent was till the dissolution of monasteries , at which time the same pryories were dissolued , and in steed of them in euery of the same cathedrall churches , a deane and chapter hath been by priuate acts of parliament erected . but in some other cathedrall churches , the election hath beene both by deane and chapter , as of wells ; and by the pryor and covent at bathe ; and in the sea of coventry and lichsield . and in some other cathedrall seas , the election of the byshop haue beene by two severall deanes and chapters , as in the archbyshopricke of dublin in ireland , where both the deane and the chapter of christs church , and the deane and chapter of saint patricks joyned in election , and both of them vsed to confirme the grants of the byshop , although christs church was knowne to be the more ancient church to that sea. as concerning therefore the election of archbyshops and byshops , the kings of this realme of their prerogatiue royall , and being immediate patrons of the same cathedrall church , in ancient time gaue and bestowed of their imperiall inrisdiction , archbyshopricks and byshopricks , to such worthy parsons as they thought fit , without any election of the chapter as appeareth , in the . e. . . stower , and this inuesture was by a ring and a little staffe , by the deliuerie of the king , and ensignes of the byshop ; but afterward in the time of king iohn , in as much , as the popes had made constitution , that no man should enter into the church by a secular person , totally , and that the bishop of rome coueted to erect the popery aboue the throne of kings . a great controuersie was now amongst the monkes of canterbury , vpon the death of hubbert their archbyshop , concerning the election of a new one , and although the youngest sect of the monkes hauing license of the king , and also appointment of the king to chuse iohn gray , one of the byshops in this realme for their archbyshop , yet the quarrell grew to such fervencie , that it could not be quenched vnlesse from rome , where the pope taking opportunity of such discention , would not receiue any of the elected , but forced the monkes to chuse for their archbyshop stephen langhton , then cardinall of saint chrisogon , whereof ensued the great discord betweene the king , and the pope ; of which , such was the tyranny of antichrist , that not onely the whole land was interdicted , and so remained fiue yeares . but the king was accursed , and the subiects were discharged of their obedience , and oath of their allegiance to their naturall prince ; and lewis the french kings son provoked to make warre , against king iohn , vntill he were constrained to seeke peace at the hands of the pope , to yeeld his crowne to the legate , and after fiue dayes to take it againe at the legates hands , and become feodary tenant to the pope for the same , paying an annuall sum of mony to the church of rome , for euer ; but also to content his cleargy , he gaue to them alwayes free election of spirituall dignities , which memorable antiquitie of the kings praerogatiue and the losse thereof , is briefly touched in the . h. . . and more at large by the hystories of those times , and although hereby free elections were giuen to the cleargie , yet sued they forth the kings license to proceed to election . the election of a bishop thus made , did not beare the name of a bishop but was to be called lord elect of the place or bishoprick , to which he was elected . the second is confirmatiō , which was vsually made by the bishop of rome and not any other , who ( before such confirmation ) vsed to examine the partie , and vpon cause of nonabilitie to refuse him . the third is consecration , which was performer by the bishop and two other bishops at the least of the same province where the bishoprick then was , being thereunto appointed with the vse of certaine ceremonies , as beatitudes , holding of the bible ouer the head of the parson to be consecrated , laying on of their hands vpon his head , anointing , and other rites , therevnto requisite ; and yet it is said , that the pope reserued the consecration of the bishop to himselfe after election and confirmation , and before creation and consecration : he that was so elected and consecrated , might still retaine the name of his former dignity , and if hee would refuse the imposed charge of the bishopricke . and yet after confirmation and before consecration , of the parson confirmed , hee might exercise so much of his spirituall function as concerned the iurisdiction , but no matters concerning ordination might he meddle with , for the full vnderstanding whereof it is to bee knowne , that all things belonging to the episcopall function or ministery , are to be reduced to three points ; for they belong to him , either ratione iurisdictionis , as the hearing of spirituall causes , censures , and corrections ecclesiasticall , as excommunications vpon offenders and such like which may be performed by him after confirmation . or , ratione ordinationis , as giuing of orders , consecrating or allowing of churches , or such like , which he cannot doe before consecration . or , lege diocesiana , as the execution of ecclesiasticall payments and pensions due to him , as dioclesian of the clargie rated vpon the bishoppricks of his diocesse , called therefore by the common law census cathedraticus . notwithstanding , the king may restore to him his temporalties after confirmation and before consecration if so it please his highnesse , but this is de gracia & non deiure . but after consecration , he was holden in all respects a perfect bishop , and all his former dignities thereby were avoided , for although by confirmation spirituale coniugium contrahetur , yet by consecration consumatur . the last thing is , installation or inthronation , by which he is fully enabled , to pursue his temporalties out of the hands of the king , and actually to enioy the benefit thereof , but if after consecration and before he sue for the temporalties out of the hands of the king , the free-hold bee in him , or not is diue●sly taken in the . e. . ● . ● , . notwithstanding , the metropolitan ought to certifie the day and time of the consecration of euery bishop , within his diocesse , for according therevnto he shall be restored to his temporalties , and this i thinke to be reason . thus you see , that in some respect the election of a bishop resembleth the presentation of a parson , the confirmation , resembleth the admission , of a parson , the creation resembleth the institution of a parson , and the installation or the inthronation the induction of a parson , yet in many other respects they differ . and although after the abrograting of the popes authoritie out of this realme , it be ordained by the . h. . cap. . that the election of bishops and archbishops , should be altered and the king restored to his ancient prerogatiue therein , which prerogatiue king iohn and his ancient progenitors long since enioyed , and although likewise the ceremonies , forme , and manner of consecration of bishops by the authority of parliaments , in the time of king ed. the sixt , were now appointed and published , all acts of parliament being repealed by the first and second of philip and mary , are now reviued and in force , by eliz. yet our former position holds now firme law , that no church nor spirituall dignitie at this day , becommeth voyde , by king the incumbent thereof byshop , vntill his consecration , as well by rigour of ancient time , as by statute . and therefore at the common law , if the king vpon defect , or otherwise , giue by vertue of the . h. . ▪ by his letters pattents to any fit parson , any byshopricke or archbyshopricke within this realme , without election , and therevpon before consecration restore to him his temporalties , or if the pope had giuen a byshopricke to any fit person by reseruation , which amounteth in law to an election and confirmation , if the king had restored to him his temporalties , yet in both cases vntill consecration , he is no perfect byshop , nor his former dignities by such grant and restitution of temporalties become voyde vntill consecration as aforesaid . if before the . of h. . . the incumbent of a benefice had beene elected byshop and confirmed , and before consecration had , obtained of the byshop of rome , a dispensation still to enioy his former benefice , notwithstanding his creation or consecration , had ensued accordingly ; yet by such creation , the church should not haue beene voyde , but the partie still enabled to retaine the same benefice against the patron by vertue of such dispensation . so at this day , if an incumbent of a spirituall benefice , be elected and confirmed , and before hee bee consecrated , obtaine licence or dispensation of the archbyshop of canterbury , to detaine the benefice incommendam ; yet hee shall be promoted to the same byshopricke , although his licence neuer bee enrolled in the chancerie , according to the . h. . but onely enrolled by the register of the archbyshop , although the consecration be before this licence or dispensation appointed to take effect , yet by vertue of such dispensation , the former dignitie or benefice becommeth not voyd , by the same consecration . yet if the i●eumbent of any spirituall benefice be elected , consecrated , and confirmed byshop , and after his consecration procureth a dispensation of the pope in papacie , or of the metropolitan since the stat. of the . h. . c. . such dispensation shall not be available ; because , by the consecration , the former dignity or benefice was actually , and in deed voyd ; and then , neyther the dispensation of the pope , could at any time , nor of the metropolitā at this time , take from the patron , the right of his presentation of such avoyded dignitie , by the consecration acrewed to him ; because , after the first dignitie is once voyde by the consecration , the dispensation commeth too late . yet the king , ex summa authoritate sua regia ecclesiastica qua fungitur , may grant ( to the byshop that is consecrated ) power to take and receiue by presentation , institution and induction , any spirituall benefice , and to hold the same in commendam , notwithstanding his estate of being byshop , for so the pope vsed to doe , and the same authority is recognised by the statute of the . h. . to be in the king or queene of this land , which was within this realme by the pope . finally , this is to be noted , that whereas before it hath bin said , that deprivation is the act of the law , yet grounded vpon the act of the partie ; so is creation of the byshop , the act of the law , wherefore if a man bring an action and pendant his writ , bee created byshop , the writ shall not abate ; because , it is onely the act of the law , but yet resignation is meerely the act of the party , thus much for creation . finis . notes, typically marginal, from the original text notes for div a -e tull : offi● . lib. . quid. fitzh . n. br. . ibid. . a. . e. ib. . . e. . h. . fetzh . quare imp. . summa ho●stènsis d● jure patrono . sūma anglse eod . tit . sūma siluestrinae tit . patronatus . . h. . v. asliton . iohan. bellonius de et imologijs . . e. . fitzh . qu. imp. . ●●●ma hostieus . ti● . ius patronas . i. honos onus . vtilitas . breuia . . h. . b. & a. act . . e. . . b. . h. . . a. . h. . . b. . a. fitz● . ● br . . b. . h. . . b. per pollyard . com. . a com. . b bracton jus. . h. . . ratio . . h. . . b . h. . . ae ratio , . , ● . . graunt , anuitie . ratio , . fitzh . release , . ●ur ven . . . aide ●● roie , . . h. . . b . h. . . . h. . . h. . . ● . h. . ● . ▪ b. . h. . . ● . fitzh . . b ▪ ● . , a. per por●escue . com. . ● . e. . . b . h. . ● a. . h. ● . , b. fitzh . fol. . f. . e. . e. . . . e. . . b . h. . . b . h. . . a. . h. . . a . h. . . a . h. . . b. com. . v . e. . . a . e. . . b. . e. . . b. . h. . . a. . h. . . b. . h. . . . h. . . a. . h. . . . e. ▪ . b . h. . . . h. . . b. , h . b. . h. . , b. . h . a. . h. , . on. , b. . e. . , b . h. , . . h. . a. e , . fitzh . , . d . h . , a. . e. . fitzh . qu. imp. . fitzh . . b. . h. . b. h , . , b. fitzh . . v. , e. . , b fitzh , . b. , h. , , b. , h , , b. , h , , , b. ▪ h. b , fitzh , br , . , e , , . b. , h , . , a , , h , , ▪ a. ▪ h , . a ▪ , b , . h ▪ , a. , e , . fitzh , recouery in value , & . h , . . lit. , e. . , a. , h. ▪ ▪ b. com. ▪ ● . h. . . . ● . ▪ . a. . a ▪ ▪ e. . . v. ● e. . ▪ b. fitzh , . k ● . . h. . . h. ▪ . b. lib. vlt. . ● . . quare ●●p . fitzh , . . e. . . . b. . dyer . h. . b. fitzh . ● . h. . . b. . h. . . a. , ● . . . b . dyer . , e. , ● . , h. . fitzh . . . h. . . a. fine . . h. . . a fitzh . feofments and feof . . . e. . , , , . e. . . b . a. thorpe . fitzh . ▪ ● ▪ e. . . b or . v. thorp . . e. . a. mombray com. . b. , h. , b ▪ & . , b. , e , , ▪ ● . e. . . b. , h . . b . e. ● . qu. imp. . & . . e. , a. . a. . e. . w , d● faits , , , . e. . b. , h. . b. . h. , . a. fitzh . . v. t. & . f. . e. . grants , . & , dyer , , e. . . a , , a : . h , , a. & . b. . e. . . ● . h , . & . b. ● ▪ h. . & . , h. , . com. , b , e , . a. fitzh . qu. i 〈…〉 p. . e. . fitzh . aid le roy , . ibid. fitzh . . ratio . . . h lib. fund leg . . . ratio . . . h . ● or . b. . h. , a , . b. . h. . a , keeble . ratio . . h. . , a & , a . e , , . b ●it . . . e. , . b ▪ h. . . h , . . b e. . . b . ass . h. . . . e. . a. h. , b , h. . . ass . . br. incid . . e. . . reason answered . fitzh . . e ▪ , bre , , . h , , , b. , h , , , b , ● . h. . . . h. . . a. . reason answered . . e. . fitzh . br . . regist . . br . incid . . p. . . eliz. rot. . longs case , in com. bank : . e. . . pl. . dyer iudgement . bracton . lib. ● . ●● . . c. . . h . b. . a. ● . e. . a. b. . h. . a. . h. . ● . & . . . a. . h. . . fit●b . . b . h. . . a. . h. . ● . a. . e. . b. com. . ● . e. . ● . ● . . . h. . . a . ● . . b. . ● . . fitzh . , , e , ▪ fitzh ▪ bre . , , ● . ● . . . , e , , , ● , . ● . of the lavves of ecclesiasticall politie eight bookes. by richard hooker. ecclesiastical polity. books - hooker, richard, or - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], , [ ] p. by iohn windet, dwelling at the signe of the crosse-keyes neare paules wharffe, and are there to be solde, printed at london : . in fact books - only. signatures: a⁴ b-r⁶ s. - c. unsold text sheets ( c) reissued after , usually with at least some sections of stc . many copies (such as the folger shakespeare library copy and the harvard university. library copy) also have b" -- stc. edited by john spenser. reproduction of the original in the union theological seminary (new york, n.y.). library. filmed with stc . . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately 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text creation partnership web site . eng church of england -- apologetic works -- early works to . ecclesiastical law -- early works to . church polity -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion of the lavves of ecclesiasticall politie , eight bookes . by richard hooker . . iesvs . christvs . conteret capvt tvv̄ . gen : ero morsvs infern . tvvs . ose . confidite vici mv̄dv̄ . ioa. . vbi tva mors victoria cor : . printed at london by iohn windet , dwelling at the signe of the crosse-keyes neare paules wharffe , and are thereto be solde . . to the reader . this vnhappie controuersie , about the receiued ceremonies and discipline of the church of england , which hath so long time withdrawne so many of her ministers from their principall worke , and imployed their studies in contentious oppositions : hath by the vnnaturall growth and daungerous fruites thereof , made knowne to the world , that it neuer receiued blessing from the father of peace . for whose experience doth not finde , what confusion of order , and breach of the sacred bond of loue hath sprung from this dissention ; how it hath rent the bodie of the church into diuers parts , and diuided her people into diuers sects ; how it hath taught the sheepe to despise their pastors , and alienated the pastors from the loue of their flockes : how it hath strengthened the irreligious in their impieties , and hath raised the hopes of the sacrilegious deuourers of the remaines of christs patrimony ; and giuen way to the common aduersary of gods truth and our prosperity , to grow great in our land without resistance ; who seeth not how it hath distracted the mindes of the multitude , and shaken their faith , and scandalized their weakeness , and hath generally killed the very hart of true pietie and religious deuotion , by changing our zeale towards christes glory , into the fire of enuie and malice , and hart-burning , and zeale to euery mans priuate cause ? this is the summe of all the gaines which the tedious contentions of so many yeares haue brought in , by the ruine of christs kingdome , the encrease of satans , partly in superstition , & partly in impietie . so much better were it in these our dwellings of peace , to endure any inconuenience whatsoeuer in the outward frame , then in desire of alteration , thus to set the whole house on fire . which moued the religious hart of this learned writer , in zeale of gods truth , and in compassion to his church , the mother of vs all , which gaue vs both the first breath of spirituall life , and from her breasts hath fed vs vnto this whatsoeuer measure of growth we haue in christ , to stand vp and take vpon him a generall defence both of her selfe , and of her established lawes ; and by force of demonstration , so farre as the nature of the present matter could beare , to make knowne to the world , and these oppugners of her , that all those bitter accusations laid to her charge , are not the faultes of her lawes and orders , but either their owne mistakes in the misvnderstanding , or the abuses of men in the ill execution of them . a worke subiect to manifold reprehensions and oppositions , and not sutable to his soft and milde disposition , desirous of a quiet priuate life , wherein hee might bring forth the fruits of peace in peace . but the loue of god and of his countrey , whose greatest daunger grew from this diuision , made his hart hot within him , and at length the fire kindled , and amongst many other most reuerend and learned men , he also presumed to speake with his pen. and the rather , because he sawe that none of these ordinary obiections of partialities could eleuate the authoritie of his writing , who alwayes affected a priuate state , and neither enioyed nor expected any the least dignitie in our church . what admirable height of learning , and depth of iudgement dwelled within the lowly minde of this true humble man , great in all wise mens eyes , except his owne ; with what grauitie and maiestie of speach his tongue and pen vttered heauenly mysteries , whose eyes in the humility of his hart were alwayes cast downe to the ground ▪ how all things that proceeded from him were breathed as from the spirit of loue , as if he like the bird of the holy ghost , the doue , had wanted gall ; let them that knew him not in his person , iudge by the these liuing images of his soule , his writings . for out of these , euen those who otherwise agree not with him in opinion , do affoord him the testimony of a milde and a louing spirit : and of his learning what greater proofe can we haue then this , that his writings are most admired by those who themselues do most excell in iudicious learning , and by them the more often they are read , the more highly they are extolled and desired . which is the cause of this second edition of his former bookes , and that without any addition or diminution whatsoeuer . for who will put a pencile to such a worke , from which such a workeman hath taken his ? there is a purpose of setting forth the three last books also , their fathers posthumi . for as in the great declining of his bodie , spent out with study , it was his ordinary petition to almightie god , that if he might liue to see the finishing of these bookes , then lord let thy seruant depart in peace ( to vse his owne words ) so it pleased god to grant him his desire . for he liued till he sawe them perfected ; and though like rachel he dyed as it were in the trauell of them , and hastened death vpon himselfe , by hastening to giue them life : yet he held out to behold with his eyes these partus ingenii , these beniamins , sonnes of his right hand , though to him they were benonies , sonnes of paine and sorrowe . but some euill disposed mindes , whether of malice , or couetousnesse , or wicked blinde zeale , it is vncerteine , as if they had beene egyptian mid-wiues , as soone as they were borne , and their father dead , smothered them , and by conueying away the perfect copies , left vnto vs nothing but certaine olde vnperfect and mangled draughts , dismembred into peeces , and scattered like medeas abyrtus , no fauour , no grace , not the shadowes of themselues almost remaining in them . had the father liued to see them brought forth thus defaced , he might rightfully haue named them benonies , the sonnes of sorrowe . but seeing the importunities of many great and worthy persons will not suffer them quietly to dye and to be buried , it is intended that they shall see them as they are . the learned and iudicious eye will yet perhaps delight it selfe in beholding the goodly lineaments of their well set bodies , and in finding out some shadowes and resemblances of their fathers face . god grant that as they were with their bretheren dedicated to the church for messengers of peace : so in the strength of that little breath of life that remaineth in them , they may prosper in their worke ; and by satisfying the doubtes of such as are willing to learne , may helpe to giue an end to the calamities of these our ciuill wars . st a preface . to them that seeke ( as they tearme it ) the reformation of lawes and orders ecclesiasticall , in the church of england . though for no other cause , yet for this ; that posteritie may knowe wee haue not loosely through silence permitted thinges to passe away as in a dreame , there shall be for mens information extant thus much concerning the present state of the church of god established amongst vs , and their carefull endeuour which would haue vpheld the same . at your hands beloued in our lord and sauiour iesus christ ( for in him the loue which we beare vnto all that would but seeme to be borne of him , it is not the sea of your gall and bitternes that shall euer drowne ) i haue no great cause to looke for other then the selfesame portion & lot , which your maner hath bene hitherto to lay on them that concur not in opinion and sentence with you . but our hope is , that the god of peace shal ( notwithstanding mans nature too impatient of contumelious maledictiō ) inable vs quietly and euē gladly to suffer al things , for that worke sake which we couet to perform . the wonderful zeale and feruour wherewith ye haue withstood the receiued orders of this church , was the first thing which caused me to enter into consideration , whether ( as all your published bookes and writings peremptorily maintain ) euery christian man fearing god , stand bound to ioyne with you for the furtherance of that which ye tearme the lords discipline . wherin i must plainly confesse vnto you , that before i examined your sundrie declarations in that behalfe , it could not settle in my head to thinke , but that vndoubtedly such nūbers of otherwise right wel affected & most religiously enclined minds , had some maruellous reasonable inducementes which led thē with so great earnestnes that way . but when once , as near as my slender abilitie would serue , i had with trauell & care performed that part of the apostles aduise & counsel in such cases , whereby he willeth to try al things ; and was come at the length so far , that there remained onely the other clause to be satisfied , wherein he concludeth that what good is must bee held : there was in my poore vnderstanding no remedie , but to set downe this as my finall resolute perswasion ; surely the present forme of church gouernment which the lawes of this land haue established , is such , as no lawe of god , nor reason of man hath hitherto bene alleaged , of force sufficient to proue they do ill , who to the vttermost of their power withstand the alteration thereof : contrariwise , the other which instead of it we are required to accept , is only by error & misconceipt named the ordinance of iesus christ , no one proofe as yet brought forth , whereby it may clearely appeare to be so in very deede . the explication of which two thinges i haue here thought good to offer into your owne hands : hartily beseeching you euen by the meeknesse of iesus christ , whome i trust ye loue ; that , as ye tender the peace and quietnesse of this church , if there bee in you that gracious humilitie which hath euer bene the crowne and glory of a christianly disposed minde , if your owne soules , hearts and consciences , ( the sound integritie whereof can but hardly stand with the refusall of truth in personall respects ) be , as i doubt not but they are , things most deare and precious vnto you , let not the faith which ye haue in our lord iesus christ , be blemished with partialities , regard not who it is which speaketh , but waigh onely what is spoken . thinke not that ye reade the wordes of one , who bendeth himselfe as an aduersary against the truth which ye haue alreadie embraced ; but the words of one , who desireth euen to embrace together with you the selfe same truth , if it be the truth ; and for that cause ( for no other god hee knoweth ) hath vndertaken the burthensome labour of this painefull kinde of conference . for the plainer accesse whereunto , let it bee lawfull for mee to rip vp to the very bottome how and by whom your discipline was planted , at such time as this age wee liue in began to make first triall thereof . . a founder it had , whome , for mine owne part , i thinke incomparably the wisest man that euer the french church did enioy , since the houre it enioyed him . his bringing vp was in the studie of the ciuill lawe . diuine knowledge he gathered not by hearing or reading so much , as by teaching others . for though thousands were debters to him , as touching knowledge in that kinde ; yet he to none but onely to god , the author of that most blessed fountaine the booke of life , and of the admirable dexteritie of wit , together with the helpes of other learning which were his guides : till being occasioned to leaue fraunce , he fell at the length vpon geneua : which citie , the bishop and cleargie thereof had a little before ( as some doe affirme ) forsaken , being of likelihood frighted with the peoples sudden attempt for abolishment of popish religiō : the euent of which enterprise they thought it not safe for themselues to wait for in that place . at the comming of caluin thither , the forme of their ciuill regiment was popular , as it continueth at this day : neither king , nor duke , nor noble man of any authoritie or power ouer them , but officers chosen by the people yearely out of themselues , to order all things with publique consent . for spirituall gouernment , they had no lawes at all agreed vpon , but did what the pastors of their soules by perswasion could win them vnto . caluin being admitted one of their preachers & a diuinitie reader amongst them , considered how dangerous it was that the whole estate of that church should hang stil on so slender a thred , as the liking of an ignorant multitude is , if it haue power to change whatsoeuer it selfe listeth . wherefore taking vnto him two of the other ministers for more countenance of the action , ( albeit the rest were all against it ) they moued , and in the end perswaded with much adoe , the people to bind themselues by solemne oath , first neuer to admit the papacie amongst them againe ; and secondly , to liue in obedience vnto such orders concerning the exercise of their religion , and the forme of their ecclesiasticall gouernment , as those their true and faithfull ministers of gods word had agreeablie to scripture set downe for that end and purpose . when these thinges began to bee put in vre , the people also ( what causes mouing them thereunto , themselues best know ) began to repent them of that they had done , and irefully to champe vpon the bit they had taken into their mouthes , the rather for that they grew by meanes of this innouation into dislike with some churches neare about them , the benefite of whose good friendship their state could not well lacke . it was the manner of those times ( whether through mens desire to enioy alone the glory of their owne enterprises , or else because the quicknesse of their occasions required present dispatch , ) so it was , that euery particular church did that within it selfe , which some fewe of their owne thought good , by whome the rest were all directed . such nūber of churches thē being , though free within themselues , yet smal , commō conference before hand might haue eased them of much aftertrouble . but a greater inconuenience it bred , that euery later endeuoured to bee certaine degrees more remoued from conformitie with the church of rome , then the rest before had bene : whereupon grew maruellous great dissimilitudes , and by reason thereof , iealousies , hartburnings , iarres and discords amongst them . which notwithstanding might haue easily bene preuented , if the orders which each church did thinke fit and conuenient for it selfe , had not so peremptorily bene established vnder that high commaunding forme , which tendered them vnto the people , as things euerlastingly required by the law of that lord of lords , against whose statutes there is no exception to be taken . for by this meane it came to passe , that one church could not but accuse & condemne another of disobedience to the wil of christ , in those things where manifest difference was betweene them : whereas the selfesame orders allowed , but yet established in more warie and suspense maner , as being to stand in force till god should giue the opportunitie of some general cōference what might be best for euery of them afterwards to doe ; this i say had both preuented all occasion of iust dislik● which others might take , and reserued a greater libertie vnto the authors themselues of entring into farther consultatiō afterwards . which though neuer so necessary they could not easily now admit , without some feare of derogation from their credit : and therfore that which once they had done , they became for euer after resolute to maintaine . caluin therfore & the other two his associats stiffely refusing to administer the holy communion to such as would not quietly without contradiction and murmur submit themselues vnto the orders which their solemne oath had bound them to obey , were in that quarell banished the towne . a fewe yeares after ( such was the leuitie of that people ) the places of one or two of their ministers being fallen voyde , they were not before so willing to be rid of their learned pastor , as now importunate to obtaine him againe from them who had giuen him entertainment , and which were loath to part with him , had not vnresistable earnestnes bene vsed . one of the towne ministers that sawe in what manner the people were bent for the reuocation of caluin , gaue him notize of their affection in this sort . the senate of two hundred being assembled , they all craue caluin . the next day a generall conuocation . they crye in like sort againe all : vve will haue caluin that good and learned man christs minister . this , saith he , when i vnderstood i could not choose but praise god , nor was i able to iudge otherwise , then that this was the lordes doing , and that it was maruellous in our eyes , and that the stone which the builders refused , was now made the head of the corner . the other two whom they had throwne out ( together with caluin ) they were content should enioy their exile . many causes might lead them to bee more desirous of him . first , his yeelding vnto them in one thing , might happily put them in hope , that time would breed the like easines of condescending further vnto them . for in his absence he had perswaded them , with whome he was able to preuaile , that albeit himselfe did better like of common bread to bee vsed in the eucharist , yet the other they rather should accept , then cause any trouble in the church about it . againe , they saw that the name of caluin waxed euery day greater abroad , and that together with his fame their infamy was spread , who had so rashly and childishly eiected him . besides it was not vnlikely but that his credite in the world , might many wayes stand the poore towne in great stead : as the truth is , their ministers forrein estimation hitherto hath bene the best stake in their hedge . but whatsoeuer secret respects were likely to moue them , for contenting of their mindes caluin returned ( as it had bene an other tully ) to his olde home . he ripely considered how grosse a thing it were for men of his qualitie , wise and graue men , to liue with such a multitude , and to be tenants at will vnder them , as their ministers , both himselfe and others , had bene . for the remedie of which inconuenience , hee gaue them plainely to vnderstand , that if he did become their teacher againe , they must be content to admit a complet forme of discipline , which both they and also their pastors should now be solemnely sworne to obserue for euer after . of which discipline the maine and principall partes were these : a standing ecclesiasticall court to be established : perpetuall iudges in that court to be their ministers ; others of the people annually chosen ( twise so many in number as they ) to be iudges together with them in the same court : these two sorts to haue the care of all mens manners , power of determining all kind of ecclesiasticall causes , and authoritie to conuent , to controll , to punish , as farre as with excōmunication , whomsoeuer they should thinke worthy , none eyther small or great excepted , this deuise i see not how the wisest at that time liuing could haue bettered , if we duly consider what the present estate of geneua did then require . for their bishop and his clergie being ( as it is said ) departed from them by moonelight , or howsoeuer , being departed ; to choose in his roome any other bishop , had beene a thing altogether impossible . and for their ministers to seeke that themselues alone might haue coerciue power ouer the whole church , would perhaps haue bene hardly construed at that time . but when so franke an offer was made , that for euery one minister there should be two of the people to sit and giue voyce in the ecclesiasticall consistory , what inconuenience could they easily find which themselues might not be able alwayes to remedy ? howbeit ( as euermore the simpler sort are , euen when they see no apparant cause , iealous notwithstanding ouer the secret intents and purposes of wiser men ) this proposition of his did somewhat trouble them . of the ministers themselues which had stayed behinde in the citie when caluin was gone , some , vpon knowledge of the peoples earnest intent to recall him to his place againe , had beforehand written their letters of submission , and assured him of their alleageance for euer after , if it should like him to harken vnto that publique suite . but yet misdoubting what might happen , if this discipline did goe forwarde ; they obiected against it the example of other reformed churches , liuing quietly and orderly without it . some of chiefest place and countenance amongst the laitie professed with greater stomacke their iudgements , that such a discipline was little better then popish tyrannie disguised and tendered vnto them vnder a new forme . this sort , it may be , had some feare that the filling vp of the seates in the consistorie , with so great a number of lay men , was but to please the mindes of the people , to the ende they might thinke their owne swaye somewhat ; but when things came to triall of practise , their pastors learning would bee at all times of force to ouerperswade simple men , who knowing the time of their owne presidentship to bee but short , would alwayes stand in feare of their ministers perpetuall authoritie : and among the ministers themselues , one being so farre in estimation aboue the rest , the voyces of the rest were likely to be giuen for the most part respectiuely with a kinde of secret dependencie and awe : so that in shewe a maruellous indifferently composed senate ecclesiasticall was to gouerne , but in effect one onely man should , as the spirite and soule of the residue , doe all in all . but what did these vaine surmises boote ? brought they were now to so straight an issue , that of two thinges they must choose one ; namely , whether they would to their endlesse disgrace , with ridiculous lightnes , dismisse him , whose restitution they had in so impotent maner desired : or else condescende vnto that demaund , wherein hee was resolute eyther to haue it , or to leaue them . they thought it better to be somewhat hardly yoked at home , then for euer abroad discredited . wherefore in the ende those orders were on all sides assented vnto : with no lesse alacritie of minde , then cities vnable to holde out longer are wont to shewe , when they take conditions such as it liketh him to offer them which hath them in the narrow streightes of aduantage . not many yeares were ouerpassed , before these twice sworne men aduentured to giue their last and hotest assault to the fortresse of the same discipline , childishly graunting by comon consent of their whole senate , & that vnder their towne seale , a relaxation to one bertelier whom the eldership had excommunicated ; further also decreeing , with strange absurditie , that to the same senate it should belong to giue finall iudgemēt in matter of excōmunication , and to absolue whom it pleased them ; cleane contrary to their owne former deedes and oaths . the report of which decree being forth with brought vnto caluin ; before ( sayth he ) this decree take place , either my bloud or banishment shall signe it . againe two dayes before the cōmunion should be celebrated , his speech was publiquely to like effect , kill me if euer this hand do reach forth the things that are holy , to thē whom the chvrch hath iudged despisers . whereupon , for feare of tumult , the forenamed bertelier was by his friends aduised for that time not to vse the liberty granted him by the senate , nor to present himselfe in the church , till they saw somewhat further what would ensue . after the communion quietly ministred , and some likelihood of peaceable ending these troubles without any more ado , that very day in the afternoone , besides all mens expectation , concluding his ordinary sermon , he telleth them , that because he neither had learned nor taught to striue with such as are in authority , therefore ( sayth he ) the case so standing as now it doth , let me vse these words of the apostle vnto you , i commend you vnto god & the word of his grace , and so bad them hartily all a dew . it sometimes commeth to passe , that the readiest way which a wise man hath to conquer , is to flie . this voluntarie and vnexpected mention of sudden departure , caused presently the senate ( for according to their woonted maner they still continued onely constant in vnconstancy ) to gather themselues together , and for a time to suspend their own decree , leauing things to proceed as before , till they had heard the iudgement of foure heluetian cities concerning the matter which was in strife . this to haue done at the first before they gaue assēt vnto any order , had shewed some wit & discretion in thē : but now to do it , was as much as to say in effect , that they would play their parts on stage . caluin therfore dispatcheth with all expedition his letters vnto some principall pastor in euery of those cities , crauing earnestly at their hands , to respect this cause as a thing whereupō the whole state of religion & piety in that church did so much depend , that god & all good men were now ineuitably certaine to be trampled vnder foot , vnlesse those foure cities by their good means might be brought to giue sentence with the ministers of geneua , when the cause should be brought before them : yea so to giue it , that two things it might effectually containe ; the one an absolute approbation of the discipline of geneua , as consonant vnto the word of god , without any cautions , qualifications , ifs or ands ; the other an earnest admonition not to innouate or change the same . his vehemēt request herein as touching both points was satisfied . for albeit the sayd heluetian churches did neuer as yet obserue that discipline , neuerthelesse the senate of geneua hauing required their iudgement concerning these three questions : first , after what manner , by gods commaundement , according to the scripture and vnspotted religion , excommunication is to be exercised : secondly , whether it may not be exercised some other way then by the consistorie : thirdly , what the vse of their churches was to do in this case : answer was returned from the sayd churches , that they had heard already of those consistoriall lawes , and did acknowledge them to be godly ordinances drawing towards the prescript of the word of god , for which cause that they did not thinke it good for the church of geneua by innouation to change the same , but rather to keepe them as they were . which aunswer , although not aunswering vnto the former demaunds , but respecting what maister caluin had iudged requisite for them to aunswere , was notwithstanding accepted without any further reply : in as much as they plainely saw , that when stomacke doth striue with wit , the match is not equall . and so the heat of their former contentions began to flake . the present inhabitants of geneua , j hope , will not take it in euill part , that the faltinesse of their people heretofore , is by vs so farre forth layd open , as their owne learned guides and pastors haue thought necessarie to discouer it vnto the world . for out of their bookes and writings it is that i haue collected this whole narration , to the end it might thereby appeare in what sort amongst them that discipline was planted , for which so much contention is raised amongst our selues . the reasons which mooued caluin herein to be so earnest , was , as beza himselfe testifieth , for that he saw how needfull these bridles were to be put in the iawes of that citie . that which by wisedome he saw to be requisite for that people , was by as great wisedome compassed . but wise men are men , and the truth is truth . that which caluin did for establishment of his discipline , seemeth more commendable , then that which he taught for the countenancing of it established . nature worketh in vs all a loue to our owne counsels . the contradiction of others is a fanne to inflame that loue . our loue set on fire to maintaine that which once we haue done , sharpeneth the wit to dispute , to argue , and by all meanes to reason for it . wherefore a maruaile it were if a man of so great capacitie , hauing such incitements to make him desirous of all kind of furtherances vnto his cause , could espie in the whole scripture of god nothing which might breed at the least a probable opinion of likelihood , that diuine authority it selfe was the same way somewhat inclinable . and all which the wit euen of caluin was able from thence to draw , by sifting the very vtmost sentence and syllable , is no more then that certaine speeches there are which to him did seeme to intimate , that all christian churches ought to haue their elderships indued with power of excommunication , and that a part of those elderships euery where should be chosen out frō amongst the laitie after that forme which himselfe had framed geneua vnto . but what argument are ye able to shew , whereby it was euer prooued by caluin , that any one sentence of scripture doth necessarily enforce these things , or the rest wherein your opinion concurreth with his against the orders of your owne church ? we should be iniurious vnto vertue it selfe , if we did derogate from them whom their industrie hath made great . two things of principall moment there are which haue deseruedly procured him honour throughout the world : the one his exceeding paynes in composing the institutions of christian religion ; the other his no lesse industrious trauailes for exposition of holy scripture according vnto the same institutions . in which two things who soeuer they were that after him bestowed their labour ; he gayned the aduantage of preiudice against them , if they gaine said ; and of glorie aboue them , if they consented . his writings published after the question about that discipline was once begunne , omit not any the least occasion of extolling the vse and singular necessitie thereof . of what accompt the maister of sentences was in the church of rome , the same and more amongest the preachers of reformed churches caluin had purchased : so that the perfectest diuines were iudged they , which were skilfullest in caluins writings . his bookes almost the very canon to iudge both doctrine and discipline by french churches , both vnder others abroad , and at home in their owne countrey , all cast according vnto that mould which caluin had made . the church of scotland in erecting the fabricke of their reformation tooke the selfe same paterne . till at length the discipline , which was at the first so weake , that without the staffe of their approbation , who were not subiect vnto it themselues , it had not brought others vnder subiection ; beganne now to challenge vniuersall obedience , and to enter into open conflict with those very churches , which in desperate extremitie had bene relieuers of it . to one of those churches which liued in most peaceable sort , and abounded as well with men for their learning in other professions singular , as also with diuines whose equals were not elsewhere to be found ; a church ordered by gualters discipline , and not by that which geneua adoreth : vnto this church , the church of heidelberge , there commeth one who crauing leaue to dispute publiquely , defendeth with open disdaine of their gouernement , that to a minister with his eldership power is giuen by the law of god to excommunicate whomsoeuer , yea euen kings and princes themselues . here were the seedes sowne of that controuersie which sprang vp betweene beza and erastus about the matter of excommunication , whether there ought to be in all churches an eldership hauing power to excommunicate , and a part of that eldership to be of necessitie certaine chosen out from amongest the laity for that purpose . in which disputation they haue , as to me it seemeth , deuided very equally the truth betweene them ; beza most truly maintaining the necessitie of excommunication ; erastus as truly the nonnecessitie of layelders to be ministers thereof . amongest our selues , there was in king edwards dayes some question moued by reason of a few mens scrupulositie touching certaine things . and beyond seas , of them which fled in the dayes of queene mary , some contenting themselues abroad with the vse of their owne seruice booke at home authorised before their departure out of the realme ; others liking better the common prayer booke of the church of geneua translated ; those smaller contentions before begun were by this meane somewhat increased . vnder the happy raigne of her maiesty which now is , the greatest matter a while contended for was the wearing of the cap and surplesse , till there came admonitions directed vnto the high court of parliament , by men who concealing their names thought it glory inough to discouer their minds and affections , which now were vniuersally bent euen against all the orders and lawes wherein this church is found vnconformable to the platforme of geneua . concerning the defendor of which admonitions , all that i meane to say is but this : there will come a time when three words vttered with charitie and meeknesse , shall receiue a farre more blessed reward , then three thousand volumes written with disdainefull sharpnes of wit. but the maner of mens writing must not alienate our hearts from the truth , if it appeare they haue the truth : as the followers of the same defendor do thinke he hath , and in that perswasion they follow him , no otherwise then himselfe doth calvin , beza , and others , with the like perswasion that they in this cause had the truth . we being as fully perswaded otherwise , it resteth that some kind of tryall be vsed to find out which part is in error . the first meane whereby nature teacheth men to iudge good from euill as well in lawes as in other things , is the force of their owne discretion . hereunto therefore saint paule referreth oftentimes his owne speech to be considered of by them that heard him , i speake as to them which haue vnderstanding , iudge ye what i say . againe afterward , iudge in your selues , is it comely that a woman pray vncouered ? the exercise of this kind of iudgement our sauiour requireth in the iewes . in them of berea the scripture commendeth it . finally whatsoeuer we do , if our owne secret iudgement consent nor vnto it as fit and good to be done ; the doing of it to vs is sinne , although the thing it selfe be allowable . saint paules rule therefore generally is , let euery man in his owne minde be fully perswaded of that thing which he either alloweth or doth . some things are so familiar and plaine , that truth from falshood , and good from euill is most easily discerned in them , euen by men of no deepe capacitie . and of that nature , for the most part , are things absolutely vnto all mens saluation necessarie , either to be held or denied , either to be done or auoided . for which cause saint augustine acknowledgeth that they are not onely set downe , but also plainely set downe in scripture : so that he which heareth or readeth , may without any great difficultie vnderstand . other things also there are belonging ( though in a lower degree of importance ) vnto the offices of christian men : which because they are more obscure , more intricate and hard to be iudged of , therefore god hath appointed some to spend their whole time principally in the studie of things diuine , to the end that in these more doubtfull cases , their vnderstanding might be a light to direct others . if the vnderstanding power or facultie of the soule , be ( sayth the grand phisitian ) like vnto bodily sight ▪ not of equall sharpnesse in all ; what can be more conuenient , then that , euen as the darke-sighted man is directed by the cleare about things visible , so likewise in matters of deeper discourse the wise in heart do shew the simple where his way lyeth ? in our doubtfull cases of law , what man is there who seeth not how requisite it is , that professors of skill in that facultie be our directors ? so it is in all other kinds of knowledge . and euen in this kind likewise the lord hath himselfe appointed , that the priests lips should preserue knowledge , and that other men should seeke the truth at his mouth , because he is the messenger of the lord of hosts . gregory nazianzene offended at the peoples too great presumption in controlling the iudgement of them to whom in such cases they should haue rather submitted their owne , seeketh by earnest intreatie to stay them within their bounds : presume not ye that are sheepe to make your selues guides of them that should guide you , neither seeke ye to ouerskip the fold which they about you haue pitched . it sufficeth for your part , if ye can well frame your selues to be ordered . take not vpon you to iudge your selues , nor to make them subiect to your lawes who should be a law to you . for god is not a god of sedition and confusion , but of order and of peace . but ye will say that if the guides of the people be blind , the common sort of men must not close vp their owne eyes and be led by the conduct of such ; if the priest be partiall in the law , the flocke must not therefore depart from the wayes of sincere truth , and in simplicitie yeeld to be followers of him for his place sake and office ouer them . which thing , though in it selfe most true , is in your defence notwithstanding weake : because the matter , wherein ye thinke that yee see and imagine that your wayes are sincere , is of farre deeper consideration then any one amongest fiue hundred of you conceiueth . let the vulgar sort amongst you know , that there is not the least branch of the cause wherin they are so resolute , but to the triall of it a great deale more appertaineth then their conceipt doth reach vnto . i write not this in disgrace of the simplest that way giuen ; but i would gladly they knewe the nature of that cause wherein they thinke themselues throughly instructed and are not : by meanes whereof they daily run themselues , without feeling their owne hazard , vppon the d●nt of the apostles sentence against euill speakers as touching things wherein they are ignorant . if it be graunted a thing vnlawfull for priuate men , not called vnto publique consultation , to dispute which is the best state of ciuill policie ( with a desire of bringing in some other kind then that vnder which they already liue , for of such disputes i take it his meaning was ; ) if it be a thing confest that of such questions they cannot determine without rashnesse , in as much as a great part of them consisteth in speciall circumstances , and for one kind as many reasons may be brought as for another ; is there any reason in the world , why they should better iudge what kind of regiment ecclesiasticall is the fittest ? for in the ciuill state more insight , and in those affaires more experience a great deale must needes be graunted them , then in this they can possibly haue ? when they which write in defence of your discipline , and commend it vnto the highest not in the least cunning manner , are forced notwithstanding to acknowledge , that with whom the truth is they knowe not , they are not certaine ; what certainty or knowledge can the multitude haue thereof ? waigh what doth mooue the common sort so much to fauour this innouation , and it shall soone appeare vnto you , that the force of particular reasons which for your seuerall opinions are alleaged , is a thing whereof the multitude neuer did , nor could so consider as to be there with wholly caried ; but certaine generall inducements are vsed to make saleable your cause in grosse : and when once men haue cast a phancie towards it , any slight declaration of specialties will serue to lead forward mens inclinable and prepared minds . the methode of winning the peoples affection vnto a generall liking of the cause ( for so ye terme it ) hath bene this . first in the hearing of the multitude , the faults especially of higher callings are ripped vp with maruellous exceeding seuerity and sharpnesse of reproofe ; which being oftentimes done , begetteth a great good opinion of integritie , zeale & holinesse , to such cōstant reproouers of sinne , as by likelihood would neuer be so much offended at that which is euill , vnlesse themselues were singularly good . the next thing hereunto is to impute all faults and corruptions wherewith the world aboundeth , vnto the kind of ecclesiasticall gouernement established . wherin , as before by reprouing faults , they purchased vnto themselues with the multitude a name to be vertuous ; so by finding out this kind of cause , they obtaine to be iudged wise aboue others : whereas in truth vnto the forme euen of iewish gouernement , which the lord himselfe ( they all confesse ) did establish , with like shew of reason they might impute those faults which the prophets condemne in the gouernors of that common wealth ; as to the english kind of regiment ecclesiasticall ( whereof also god himselfe though in other sort is author ) the staines and blemishes found in our state ; which springing from the root of humaine frailty and corruption , not only are , but haue bene alwaies more or lesse , yea and ( for any thing we know to the contrary ) will be till the worlds end complained of , what forme of gouernement soeuer take place . hauing gotten thus much sway in the hearts of men , a third step is to propose their owne forme of church gouernement , as the onely soueraigne remedy of all euils ; and to adorne it with all the glorious titles that may be . and the nature , as of men that haue sicke bodies , so likewise of the people in the crazednes of their minds possest with dislike and discontentment at things present , is to imagine that any thing ( the vertue wherof they here commended ) would helpe them ; but that most , which they least haue tried . the fourth degree of inducements , is by fashioning the very notions & conceipts of mens minds in such sort , that when they read the scripture , they may thinke that euery thing soundeth towards the aduancement of that discipline , and to the vtter disgrace of the contrary . pythagoras , by bringing vp his schollers in the speculatiue knowledge of numbers , made their conceipts therein so strong , that when they came to the contemplation of things naturall , they imagined that in euery particular thing they euen beheld as it were with their eyes , how the elements of number gaue essence and being to the workes of nature . a thing in reason impossible : which notwithstanding through their misfashioned preconceipt , appeared vnto them no lesse certaine , then if nature had written it in the very foreheads of all the creatures of god. when they of the family of loue haue it once in their heads , that christ doth not signifie any one person , but a qualitie whereof many are partakers ; that to be raised is nothing else but to be regenerated or indued with the said quality ; and that when separation of them which haue it from them which haue it not is here made , this is iudgement ; how plainely do they imagine that the scripture euery where speaketh in the fauour of that sect ? and assuredly the very cause which maketh the simple and ignorant to thinke they euen see how the word of god runneth currantly on your side , is that their minds are forestalled and their conceits peruerted before hand , by being taught that an elder doth signifie a lay man admitted onely to the office of rule or gouernement in the church ; a doctor one which may only teach and neither preach nor administer the sacraments ; a deacon one which hath charge of the almes boxe and of nothing else : that the scepter , the rod , the throne & kingdome of christ , are a forme of regiment , onely by pastors , elders , doctors and deacons : that by mysticall resemblance mount sion and jerusalem are the churches which admit , samaria and babylon the churches which oppugne the said forme of regimēt . and in like sort they are taught to apply al things spoken of repairing the wals and decayed parts of the city & temple of god , by esdras , nehemias , & the rest : as if purposely the holy ghost had therein ment to foresignifie , what the authors of admonitions to the parliament , of supplications to the councell , of petitions to her maiesty , and of such other like writs , should either do or suffer in behalfe of this their cause . from hence they proceed to an higher point , which is the perswading of men credulous & ouer capable of such pleasing errors , that it is the speciall illumination of the holy ghost , whereby they discerne those things in the word , which others reading yet discerne them not . dearly beloued saith s. iohn , giue not credit vnto euery spirit . there are but two wayes whereby the spirit leadeth men into 〈◊〉 truth : the one extraordinarie , the other common ; the one belonging but vnto some few , the other extending it selfe vnto all that are of god ; the one that which we call by a speciall diuine excellency reuelation , the other reason . if the spirit by such reuelation haue discouered vnto thē the secrets of that discipline out of scripture , they must professe themselues to be all ( euen men , women , and children ) prophets . or if reason be the hand which the spirit hath led them by , for as much as perswasions grounded vpon reason are either weaker or stronger according to the force of those reasons whereupon the same are grounded , they must euery of them from the greatest to the least be able for euery seuerall article to shewe some special reason as strong as their perswasion therin is earnest . otherwise how can it be but that some other sinewes there are from which that ouerplus of strength in perswasion doth arise ? most sure it is , that when mens affections do frame their opinions , they are in defence of error more earnest a great deale , then ( for the most part ) sound belieuers in the maintenance of truth apprehended according to the nature of that euidence which scripture yeeldeth : which being in some things plaine , as in the principles of christian doctrine ; in some things , as in these matters of discipline , more darke and doubtfull , frameth correspondently that inward assent which gods most gracious spirit worketh by it as by his effectuall instrument . it is not therefore the feruent earnestnes of their perswasion , but the soundnes of those reasons whereupon the same is built , which must declare their opinions in these things to haue bene wrought by the holy ghost , and not by the fraud of that euill spirit which is euen in his illusions strong . after that the phancie of the common sort hath once throughly apprehended the spirit to be author of their perswasion concerning discipline , then is instilled into their hearts , that the same spirit leading men into this opinion , doth thereby seale them to be gods children ; and that as the state of the times now standeth , the most speciall token to know them that are gods owne from others , is an earnest affection that way . this hath bred high termes of separation betweene such and the rest of the world ; whereby the one sort are named the●rethren ●rethren , the godly , and so forth ; the other , worldlings , timeseruers , pleasers of men not of god , with such like . from hence , they are easily drawne on to thinke it exceeding necessarie , for feare of quenching that good spirit , to vse all meanes whereby the same may be both strengthned in themselues , and made manifest vnto others . this maketh them diligent hearers of such as are knowne that way to incline ; this maketh them eager to take and to seeke all occasions of secret conference with such ; this maketh them glad to vse such as counsellors and directors in all their dealings which are of waight , as contracts , testaments , and the like ; this maketh them , through an vnweariable desire of receiuing instruction from the maisters of that companie , to cast off the care of those verie affaires which do most concerne their estate , and to thinke that then they are like vnto marie , commendable for making choyce of the better part . finally , this is it which maketh them willing to charge , yea oftentimes euen to ouercharge themselues , for such mens sustenance and reliefe , least their zeale to the cause should any way be vnwitnessed . for what is it which poore beguiled soules will not do through so powerfull incitements ? in which respect it is also noted , that most labour hath bene bestowed to win and retaine towards this cause them whose iudgements are commonly weakest by reason of their sex . and although not women loden with sinnes , as the apostle s. paul speaketh , but ( as we verily esteeme of them for the most part ) women propense and inclinable to holines , be otherwise edified in good things rather then caried away as captiues into any kind of sinne and euill , by such as enter into their houses with purpose to plant there a zeale and a loue towards this kind of discipline : yet some occasion is hereby ministred for men to thinke , that if the cause which is thus furthered , did gaine by the soundnes of proofe wherupon it doth build it selfe , it would not most busily endeuor to preuaile , where least hability of iudgement is : and therefore that this so eminent industry in making proselytes more of that sex then of the other , groweth for that they are deemed apter to serue as instruments and helps in the cause . apter they are through the eagernes of their affection , that maketh them which way soeuer they take , diligent in drawing their husbands , children , seruants , friends and allies the same way ; apter through that naturall inclination vnto pity , which breedeth in them a greater readines then in men , to be bountifull towards their preachers who suffer want ; apter through sundry opportunities which they especially haue , to procure encouragements for their brethren ; finally , apter through a singular delight which they take in giuing very large and particular intelligence , how all neere about them stand affected as cōcerning the same cause . but be they women or be they men , if once they haue tasted of that cup , let any man of contrary opinion open his mouth to perswade them , they close vp their eares , his reasons they waigh not , all is answered with rehearsall of the words of iohn , we are of god , he that knoweth god , heareth vs ; as for the rest , ye are of the world , for this worlds pompe & vanity it is that ye speake , and the world whose ye are heareth you . which cloake sitteth no lesse fit on the backe of their cause , then of the anabaptists , when the dignitie , authority and honour of gods magistrate is vpheld against them . shew these egerly affected men their inhabilitie to iudge of such matters ; their answer is , god hath chosen the simple . conuince them of folly , and that so plainely , that very children vpbraid them with it ; they haue their bucklers of like defence , christs owne apostle was accompted mad ; the best men euermore by the sentence of the world haue bene iudged to be out of their right minds . when instruction doth them no good , let them feele but the least degree of most mercifully tempered seueritie , they fasten on the head of the lords vicegerents here on earth , whatsoeuer they any where find vttered against the cruelty of bloud-thirstie men ; and to themselues they draw all the sentences which scripture hath in the fauour of innocencie persecuted for the truth : yea they are of their due and deserued sufferings no lesse prowd , then those ancient disturbers , to whom s. augustine writeth , saying : martyrs rightly so named are they , not which suffer for their disorder , and for the vngodly breach they haue made of christian vnitie ; but which for righteousnes sake are persecuted . for agar also suffered persecution at the hands of sara ; wherein , she which did impose was holy , and she vnrighteous which did beare the bu●then . in like sort , with theeues was the lord himselfe crucified , but they who were matcht in the paine which they suffered , were in the cause of their sufferings disioyned . if that must needs be the true church which doth endure persecution , and not that which persecuteth , let them aske of the apostle what church sara did represent , when she held her maide in affliction . for euen our mother which is free , the heauenly ierusalem , that is to say , the true church of god , was ▪ as he doth affirme , prefigured in that very woman by whom the bondmaide was so sharply handled . although , if all things be throughly skanned , she did in truth more persecute sara by prowd resistance , then sara hir , by seueritie of punishment . these are the pathes wherein ye haue walked that are of the ordinary sort of men , these are the very steps ye haue troden , and the manifest degrees whereby ye are of your guides and directors trained vp in that schoole : a custome of inuring your cares with reproofe of faults especially in your gouernors ; an vse to attribute those faults to the kind of spirituall regiment vnder which ye liue ; boldnesse in warranting the force of their discipline for the cure of all such euils ; a slight of framing your conceipts to imagine that scripture euery where fauoureth that discipline ; perswasion that the cause , why ye find it in scripture is the illumination of the spirit , that the same spirit is a seale vnto you of your neernes vnto god , that ye are by all meanes to nourish and witnesse it in your selues , and to strengthen on euery side your minds against whatsoeuer might be of force to withdraw you from it . . wherefore to come vnto you whose iudgement is a lanterne of direction for all the rest , you that frame thus the peoples hearts , not altogether ( as i willingly perswade my selfe ) of a politique intent or purpose , but your selues being first ouerborne with the waight of greater mens iudgements : on your shoulders is laid the burthen of vpholding the cause by argument . for which purpose sentences out of the word of god ye alleage diuerse : but so , that when the same are discust , thus it alwayes in a manner falleth cut , that what things by vertue thereof ye vrge vpon vs as altogether necessarie , are found to be thence collected onely by poore and maruelous slight coniectures . i need not giue instance in any one sentence so alleaged , for that i thinke the instance in any alleaged otherwise a thing not easie to be giuen . a verie strange thing sure it were , that such a discipline as ye speake of should be taught by christ and his apostles in the word of god , and no church euer haue found it out , nor receiued it till this present time ; contrariwise , the gouernmēt against which ye bēd your selues , be obserued euery where throughout all generations and ages of the christian world , no church euer perceiuing the word of god to bee against it . wee require you to finde out but one church vpon the face of the whole earth , that hath bene ordered by your discipline , or hath not bene ordered by ours , that is to say , by episcopall regiment , sithence the time that the blessed apostles were here conuersant . many things out of antiquitie ye bring , as if the purest times of the church had obserued the selfesame orders which you require ; and as though your desire were , that the churches of olde should be paternes for vs to follow , and euen glasses wherin we might see the practise of that which by you is gathered out of scripture . but the truth is ye meane nothing lesse . all this is done for fashions sake onely , for ye complaine of it as of an iniury , that mē should be willed to seeke for examples and paternes of gouernment in any of those times that haue bene before . ye plainly hold , that frō the very apostles times till this present age wherein your selues imagine ye haue found out a right patern of sound discipline , there neuer was any time safe to be followed . which thing ye thus endeuour to proue . out of egesippus ye say that eusebius writeth , how although as long as the apostles liued , the church did remaine a pure virgin ; yet after the death of the apostles , and after they were once gone whom god vouchsafed to make hearers of the diuine wisedome with their owne eares , the placing of wicked error began to come into the church . clement also in a certaine place , to confirme that there was corruption of doctrine immediately after the apostles times , alleageth the prouerb , that there are few sonnes like their fathers . socrates saith of the church of rome & alexandria , the most famous churches in the apostles times , that about the yeare . the romain & alexandrian bishops leauing the sacred function , were degenerate to a secular rule or dominiō . hereupō ye cōclude , that it is not safe to fetch our gouernment from any other then the apostles times . wherein by the way it may be noted , that in proposing the apostles times as a paterne for the church to follow , though the desire of you all be one , the drift and purpose of you all is not one . the chiefest thing which lay reformers yawne for is , that the cleargie may through conformitie in state and condition be apostolicall , poore as the apostles of christ were poore . in which one circumstance if they imagine so great perfection , they must thinke that church which hath such store of mendicant friers , a church in that respect most happy . were it for the glory of god , and the good of his church in deede , that the cleargie should be left euen as bare as the apostles when they had neither staffe nor scrip ; that god , which should lay vpon them the condition of his apostles , would i hope , endue them with the selfesame affection which was in that holy apostle , whose words concerning his owne right vertuous contentment of heart , as well how to want , as how to abound , are a most fit episcopall emprese . the church of christ is a body mysticall . a body cannot stand , vnlesse the parts thereof be proportionable . let it therefore be required on both parts , at the hands of the cleargie , to be in meannesse of state like the apostles ; at the hands of the laitie , to be as they were who liued vnder the apostles : and in this reformation there will bee though little wisedome , yet some indifferencie . but your reformation which are of the cleargie ( if yet it displease ye not that i should say ye are of the cleargie ) seemeth to aime at a broader marke . ye thinke that he which will perfectly reforme , must bring the forme of church discipline vnto the state which then it was at . a thing neither possible , nor certaine , nor absolutely conuenient . concerning the first , what was vsed in the apostles times , the scripture fully declareth not ; so that making their times the rule and canon of church politie , ye make a rule which being not possible to be fully knowne , is as impossible to be kept . againe , sith the later euen of the apostles owne times , had that which in the former was not thought vpon ; in this generall proposing of the apostolicall times , there is no certaintie which should be followed , especially seeing that ye giue vs great cause to doubt how far ye allow those times . for albeit the louer of antichristian building were not , ye s●y , as then set vp , yet the foundations thereof were secretly and vnder the ground layd in the apostles times ▪ so that all other times ye plainely reiect , and the apostles owne times ye approue with maruellous great suspition , leauing it intricat and doubtfull wherein we are to keepe our selues vnto the paterne of their times . thirdly , whereas it is the error of the common multitude , to consider onely what hath bene of olde , and if the same were well , to see whether still it continue ; if not , to condemne that presently which is , and neuer to search vpon what ground or consideration the change might growe : such rudenes cannot be in you so well borne with , whom learning and iudgement hath enabled much more soundly to discerne how farre the times of the church , and the orders thereof may alter without offence . true it is , a the auncienter , the better ceremonies of religion are ; howbeit , not absolutely true , and without exception , but true onely so farre forth as those different ages do agree in the state of those things , for which at the first those rites , orders , and ceremonies , were instituted . in the apostles times that was harmlesse , which being now reuiued would be scandalous ; as their b oscula sancta . those c feastes of charitie , which being instituted by the apostles , were reteined in the church long after , are not now thought any where needfull . what man is there of vnderstanding , vnto whom it is not manifest , how the way of prouiding for the cleargie by tithes , the deuise of almes-houses for the poore , the sorting out of the people into their seuerall parishes , together with sundrie other things which the apostles times could not haue , ( being now established ) are much more conuenient and fit for the church of christ , then if the same should be taken away for conformities sake with the auncientest and first times ? the orders therefore which were obserued in the apostles times , are not to be vrged as a rule vniuersally , either sufficient or necessary . if they bee , neuerthelesse on your part it still remaineth to bee better prooued , that the forme of discipline which ye intitle apostolicall , was in the apostles times exercised . for of this very thing ye faile euen touching that which ye make most account of , as being matter of substance in discipline , i meane the power of your lay-elders , and the difference of your doctors from the pastors in all churches . so that in summe , we may be bold to conclude , that besides these last times , which for insolencie , pride , and egregious contempt of all good order are the worst , there are none wherein ye can truly affirme , that the complete forme of your discipline , or the substance thereof was practised . the euidence therefore of antiquitie failing you , yee flie to the iudgements of such learned men , as seeme by their writings to be of opinion that all christian churches should receiue your discipline , and abandon ours . wherein , as ye heape vp the names of a number of men not vnworthy to be had in honor ; so there are a number whom when ye mention , although it serue ye to purpose with the ignorant and vulgar sort , who measure by tale & not by waight , yet surely they who know what qualitie and value the men are of , will thinke ye drawe very neare the dregs . but were they all of as great account as the best and chiefest amongst them , with vs notwithstanding neither are they , neither ought they to be of such reckening , that their opinion or coniecture should cause the lawes of the church of england to giue place . much lesse when they neither do all agree in that opiniō , and of thē which are at agreemēt , the most part through a courteous inducement , haue followed one man as their guide , finally , that one therein not vnlikely to haue swarued . if any chance to say it is probable that in the apostles times there were layelders , or not to mislike the continuance of them in the church ; or to affirme that bishops at the first were a name , but not a power distinct from presbyters ; or to speake any thing in praise of those churches which are without episcopall regimēt , or to reproue the fault of such as abuse that calling ; all these ye register for men , perswaded as you are , that euery christian church stādeth bound by the law of god to put downe bishops , and in their roomes to erect an eldership so authorized as you would haue it for the gouernmēt of each parish . deceiued greatly they are therfore , who think that all they whose names are cited amongst the fauourers of this cause , are on any such verdict agreed . yet touching some materiall points of your discipline , a kind of agreement we grant there is amongst many diuines of reformed churches abroad . for first to do as the church of geneua did , the learned in some other churches must needs be the more willing , who hauing vsed in like maner not the slow & tedious help of proceeding by publike authoritie , but the peoples more quick endeuor for alteratiō , in such an exigent i see not well how they could haue staied to deliberat about any other regimēt thē that which already was deuised to their hands , that which in like case had bene takē , that which was easiest to be established without delay , that which was likeliest to content the people by reason of some kind of sway which it giueth them . when therfore the example of one church was thus at the first almost through a kind of cōstraint or necessitie followed by many , their concurrence in perswasion about some materiall points belonging to the same policie is not strange . for we are not to maruell greatly , if they which haue all done the same thing , do easily embrace the same opinion as cōcerning their owne doings . besides , mark i beseech you that which galen in matter of philosophie noteth , for the like falleth out euen in questions of higher knowledge . it fareth many times with mens opiniōs , as with rumors & reports . that which a credible person telleth , is easily thought probable by such as are well perswaded of him . but if two , or three , or foure , agree all in the same tale , they iudge it then to be out of controuersie , and so are many times ouertaken , for want of due consideration ; eyther some common cause leading them all in●● error , or one mans ouersight deceiuing many through their too much credulitie and easinesse of beliefe . though ten persons be brought to giue testimony in any cause , yet if the knowledge they haue of the thing whereunto they come as witnesses , appeare to haue growne from some one amongst them , and to haue spred it selfe from hand to hand , they all are in force but as one testimony . nor is it otherwise here where the daughter churches do speake their mothers dialect ; here where so many sing one song , by reason that hee is the guide of the quier concerning whose deserued authoritie amongst euen the grauest diuines , we haue already spoken at large . will ye aske what should moue those many learned to be followers of one mans iudgement , no necessitie of argument forcing them thereunto ? your demaund is answered by your selues . loath ye are to thinke that they whom ye iudge to haue attained as sound knowledge in all points of doctrine , as any since the apostles time , should mistake in discipline . such is naturally our affection , that whom in great things we mightily admire ; in them we are not perswaded willingly that any thing should be amisse . the reason whereof is , for that as dead flies putrifie the oyntment of the apothecarie , so a little folly him that is in estimation for wisedome . this in euery profession hath too much authorized the iudgement of a few . this with germans hath caused luther , and with many other churches caluin , to preuaile in all things . yet are we not able to define , whether the wisedome of that god ( who setteth before vs in holy scripture so many admirable paternes of vertue , and no one of them without somewhat noted wherin they were culpable , to the end that to him alone it might alwayes be acknowledged , thou onely art holy , thou onely art iust ) might not permit those worthy vessels of his glory to be in some thinges blemished with the staine of humaine frailtie , euen for this cause , least wee should esteeme of any man aboue that which behoueth . . notwithstanding , as though ye were able to say a great deale more then hitherto your bookes haue reuealed to the world , earnest chalengers ye are of triall by some publique disputation . wherein if the thing ye craue bee no more then onely leaue to dispute openly about those matters that are in question , the schooles in vniuersities ( for any thing i know ) are open vnto you : they haue their yearely acts and commencements , besides other disputations both ordinary and vpon occasion , wherein the seuerall parts of our owne ecclesiasticall discipline are oftentimes offered vnto that kind of examination ; the learnedest of you haue bene of late yeares noted seldome or neuer absent from thence at the time of those greater assemblies ; and the fauour of proposing there in conuenient sort whatsoeuer ye can obiect ( which thing my selfe haue knowne them to graunt of scholasticall courtesie vnto straungers ) neither hath ( as i thinke ) nor euer will ( i presume ) be denied you . if your suite be to haue some great extraordinary confluence , in expectation whereof the lawes that already are should sleepe and haue no power ouer you , till in the hearing of thousands ye all did acknowledge your error and renounce the further prosecutiō of your cause ; happily they whose authority is required vnto the satisfying of your demaund , do think it both dangerous to admit such cōcourse of deuided minds , & vnmeet that laws which being once solemnly established are to exact obedience of all men , and to constraine therunto , should so far stoup , as to hold thēselues in suspēse frō taking any effect vpō you , till some disputer can perswade you to be obedient . a law is the deed of the whole body politike , wherof if ye iudge your selues to be any part , thē is the law euē your deed also . and were it reasō in things of this qualitie , to giue mē audience pleading for the ouerthrow of that which their own very deed hath ratified ? laws that haue bin approued , may be ( no man doubteth ) again repealed , & to that end also disputed against , by the authors thereof thēselues . but this is whē the whole doth deliberate what laws each part shal obserue , & not when a part refuseth the laws which the whole hath orderly agreed vpon . notwithstāding , for as much as the cause we maintain is ( god be thanked ) such as needeth not to shun any triall , might it please thē on whose approbatiō the matter dependeth to cōdescend so far vnto you in this behalf , i wish hartily that proofe were made euen by solemne conferēce in orderly & quiet sort , whether you would your selues be satisfied , or else could by satisfying others draw thē to your part . prouided alwaies , first in asmuch as ye go about to destroy a thing which is in force , & to draw in that which hath not as yet bin receiued ; to impose on vs that which we think not our selues bound vnto , & to ouerthrow those things whereof we are possessed ; that therefore ye are not to claime in any such cōferēce other thē the plaintifs or opponents part , which must cōsist altogether in proofe & cōfirmation of two things : the one , that our orders by you condēned we ought to abolish , the other that yours , we are bound to accept in the stead therof . secōdly , because the questions in cōtrouersie between vs are many , if once we descend vnto particularities , that for the easier & more orderly proceeding therin , the most generall be first discussed , nor any questiō left off , nor in each questiō the prosecutiō of any one argumēt giuē ouer & another takē in hād , til the issue wherunto by replies & answers both parts are come , be collected red & acknowledged aswel on the one side as on the other to be the plain cōclusiō which they are grown vnto . thirdly for auoyding of the manifold incōueniēces wherunto ordinary & extēporal disputes are subiect , as also because if ye should singly dispute one by one as euery mans owne wit did best serue , it might be cōceiued by the rest that happily some other would haue done more ; the chiefest of you do all agree in this action , that whom ye shal then choose your speaker , by him that which is publikely brought into disputation be acknowledged by al your cōsēts not to be his allegatiō but yours , such as ye all are agreed vpō , & haue required him to deliuer in al your names : the true copy whereof being taken by a notarie , that a reasonable time be allowed for returne of answere vnto you in the like forme . fourthly , whereas a number of conferences haue bene had in other causes with the lesse effectual successe , by reason of partiall & vntrue reports , published afterwards vnto the world , that to preuent this euill , there be at the first a solemne declaration made on both parts of their agreement to haue that very booke & no other set abroad , wherin their present authorized notaries do write those things fully & only , which being written & there read , are by their owne opē testimony acknowledged to be their owne . other circumstances hereunto belōging , whether for the choice of time , place , and language , or for preuention of impertinent and needlesse speech , or to any end and purpose else , they may be thought on whē occasiō serueth . in this sort to broach my priuate conceipt for the ordering of a publike actiō , i should be loth , ( albeit i do it not otherwise thē vnder correctiō of thē whose grauitie & wisedome ought in such cases to ouerrule ) but that so venterous boldnes i see is a thing now general , & am therby of good hope , that where al mē are licensed to offēd , no man will shew himself a sharp accuser . . what successe god may giue vnto any such kind of conference or disputation , we cannot tell . but of this we are right sure , that nature , scripture , and experience it selfe , haue all taught the world to seeke for the ending of contentions by submitting it self vnto some iudiciall & definitiue sentence , wherevnto neither part that cōtendeth may vnder any pretence or colour refuse to stand . this must needs be effectuall and strong . as for other meanes without this , they seldome preuaile . j would therefore know whether for the ending of these irksome strifes , wherein you and your followers do stand thus formally deuided against the authorized guides of this church , & the rest of the people subiect vnto their charge , whether i say ye be content to referre your cause to any other higher iudgement then your owne ; or else intend to persist & proceed as ye haue begun , til your selues can be perswaded to cōdemn your selues . if your determinatiō be this , we can be but sorie that ye should deserue to be reckened with such , of whom god himselfe pronounceth , the way of peace they haue not knowne . waies of peaceable conclusion there are but these two certaine : the one , a sentence of iudiciall decision giuen by authoritie therto appointed within our selues ; the other , the like kind of sentence giuen by a more vniuersall authoritie . the former of which two waies god himselfe in the lawe prescribeth : and his spirit it was which directed the very first christian churches in the world to vse the later . the ordinance of god in the lawe was this . if there arise a matter too hard for thee in iudgement betweene bloud & bloud , betweene plea &c. then shalt thou arise , and goe vp vnto the place which the lord thy god shall choose , and thou shalt come vnto the priests of the leuites ▪ and vnto the iudge that shall be in those dayes , and aske , and they shal shew thee the sentence of iudgement , & thou shalt do according to that thing which they of that place which the lord hath chosen shewe thee ; and thou shalt obserue to do according to al that they enform thee , according to the law which they shall teach thee , and according to the iudgemēt which they shal tell thee shalt thou do , thou shalt not decline from the thing which they shal shew thee to the right hand nor to the left . and that man that will do presumptuously , not harkning vnto the priest ( that standeth before the lord thy god to minister there ) or vnto the iudge , that man shal dye , and thou shalt take away euill from israel . when there grew in the church of christ a question , whether the gentiles belieuing might be saued , although they were not circumcised after the manner of moses , nor did obserue the rest of those legall rites & ceremonies wherunto the iewes were bound ; after great dissension and disputation about it , their conclusion in the end was , to haue it determined by sentence at ierusalem ; which was accordingly done in a councell there assembled for the same purpose . are ye able to alleage any iust and sufficient cause wherfore absolutely ye should not condescend in this controuersie to haue your iudgements ouerruled by some such definitiue sentence , whether it fall out to be giuen with or against you , that so these tedious contentions may cease ? ye will perhaps make answere , that being perswaded already as touching the truth of your cause , ye are not to harken vnto any sentence , no not though angels should define otherwise , as the blessed apostles owne example teacheth : againe that men , yea councels may erre ; and that vnlesse the iudgement giuen do satisfie your minds , vnlesse it be such as ye can by no further argumēt oppugne , in a word , vnlesse you perceiue and acknowledge it your selues consonant with gods word , to stand vnto it not allowing it , were to sinne against your own cōsciences . but cōsider i beseech you first as touching the apostle , how that wherein he was so resolute & peremptory , our lord iesus christ made manifest vnto him euen by intuitive reuelation , wherein there was no possibilitie of error : that which you are perswaded of ▪ ye haue it no otherwise then by your owne only probable collectiō ▪ & therefore such bold asseuerations as in him were admirable , should in your mouthes but argue rashnes . god was not ignorant that the priests and iudges , whose sentence in matters of controuersie 〈◊〉 ordained should stand , both might and oftentimes would be deceiued in their iudgement . howbeit , better it was in the eye of his vnderstanding , that sometime an erroneous sentence definitiue should preuaile , till the same authoritie perceiuing such ouersight , might afterwardes correct or reuerse it , then that strifes should haue respit to growe , and not come speedily vnto some end . neither wish we that men should do any thing which in their hearts they are perswaded they ought not to doe , but this perswasion ought ( we say ) to be fully setled in their harts , that in litigious and controuersed causes of such qualitie , the will of god is to haue them to do whatsoeuer the sentence of iudiciall and finall decision shall determine , yea though it seeme in their priuate opiniō to swarue vtterly from that which is right : as no doubt many times the sentence amongst the iewes did seeme vnto one part or other contending ; and yet in this case god did then allow them to doe that which in their priuate iudgement it seemed ( yea and perhaps truly seemed ) that the lawe did disallow ▪ for if god be not the author of confusion , but of peace ; then can he not be the author of our refusall , but of our contentment , to stand vnto some definitiue sentence ; without which almost impossible it is , that eyther wee should auoyd confusion , or euer hope to attaine peace . to small purpose had the councell of ierusalem bene assembled , if once their determination being set downe , men might afterwards haue defended their former opinions . when therefore they had giuen their definitiue sentence , all controuersie was at an ende . things were disputed before they came to be determined ; men afterwardes were not to dispute any longer , but to obey . the sentence of iudgement finished their strife , which their disputes before iudgement could not doe . this was ground sufficient for any reasonable mans conscience to build the dutie of obedience vpon , whatsoeuer his owne opinion were as touching the matter before in question . so full of wilfulnes and selfeliking is our nature , that without some definitiue sentence , which being giuen may stand , and a necessitie of silence on both sides afterward imposed ; small hope there is that strifes thus far prosecuted , will in short time quietly end . now it were in vaine to aske you whether ye could be content that the sentence of any court already erected , should bee so farre authorized , as that among the iewes established by god himselfe , for the determining of all controuersies : that man which wil do presumptuously , not harkning vnto the priest that standeth before the lord to minister there , nor vnto the iudge , let him dye . ye haue giuen vs already to vnderstand , what your opiniō is in part concerning her sacred maiesties court of high commission , the nature whereof is the same with that amongst the iewes , albeit the power be not so great . the other way happily may like you better , because maister beza in his last booke saue one written about these matters , professeth himselfe to be now weary of such combats and encounters , whether by word or writing , in as much as he findeth that controuersies therby are made but braules ; & therfore wisheth that in some common lawfull assembly of churches , all these strifes may at once be decided . shall there be then in the meane while no doings ? yes . there are the waightier matters of the lawe , iudgement and mercie and fidelitie . these things we ought to do ; and these things , while we contend about lesse , we leaue vndone . happier are they , whom the lord when he commeth , shall finde doing in these things , then disputing about doctors , elders , & deacons . or if there be no remedie but somewhat needs ye must do which may tend to the setting forward of your discipline ; do that which wise men , who thinke some statute of the realme more fit to be repealed then to stand in force , are accustomed to do before they come to parliament where the place of enacting is ; that is to say , spend the time in reexamining more duly your cause , and in more throughly considering of that which ye labour to ouerthrow . as for the orders which are established , sith equitie and reason , the law of nature , god and man , do all fauour that which is in being , till orderly iudgement of decision be giuen against it ; it is but iustice to exact of you , and peruersnes in you it should be to denie thereunto your willing obedience . not that i iudge it a thing allowable for men to obserue those lawes which in their hearts they are stedfastly perswaded to be against the law of god : but your perswasion in this case ye are all bound for the time to suspend , and in otherwise doing , ye offend against god , by troubling his church without any iust or necessary cause ▪ be it that there are some reasons inducing you to think hardly of our lawes . are those reasons demonstratiue , are they necessary , or but meere probabilities only ? an argument necessary & demonstratiue is such , as being proposed vnto any m● & vnderstood , the mind cannot choose but inwardly assent . any one such reason , dischargeth j graunt the conscience , and setteth it at full libertie . for the publike approbatiō giuen by the body this whole church vnto those things which are established , doth make it but probable that they are good . and therefore vnto a necessary proofe that they are not good , it must be giue place , but if the skilfullest amongst you can shew , that all the bookes ye haue hitherto written be able to afford any one argument of this nature , let the instance be giuen . as for probabilities , what thing was there euer set downe so agreeable with so●●●d reason , but some probable shewe against it might be made ? is it meete that when publikely things are receiued and haue taken place , generall obedience thereunto should cease to bee exacted , in case this or that priuate person led with some probable conceipt , shoulde make open protestation , i peter or iohn disallow them , and pronounce them nought . in which case your answere will be , that concerning the lawes of our church , they are not onely condemned in the opinion of a priuate man , but of thousands , yea and euen of those amongst which d●uers are in publique charge and authoritie . as though when publique consent of the whole hath established anything , euery mans iudgement being thereunto compared were not priuate , howsoeuer his calling be to some kind of publique charge . so that of peace and quietnes there is not any way possible , vnlesse the probable voice of euery intier societie or body politique , ouerrule all priuate of like nature in the same body : which thing effectually proueth , that god being author of peace and not of confusion in the church , must needs be author of those mens peaceable resolutions , who concerning these thinges , haue determined with themselues to thinke and do as the church they are of decreeth , till they see necessary cause enforcing them to the contrary . . nor is mine owne intent any other in these seuerall bookes of discourse , then to make it appeare vnto you ; that for the ecclesiasticall lawes of this land , we are led by great reason to obserue them , and ye by no necessitie bound to impugne them . it is no part of my secret meaning to draw you hereby into hatred , or to set vpō the face of this cause any fairer glasse then the naked truth doth afford : but my whole endeuour is to resolue the conscience , and to shew as neare as i can what in this controuersie the hart is to thinke , if it will follow the light of sound and sincere iudgement , without either clowd of preiudice or mist of passionate affection . wherefore seeing that lawes and ordinances in particular , whether such as we obserue , or such as your selues would haue established , when the minde doth sift and examine them , it must needes haue often recourse to a number of doubts and questions about the nature , kindes , and qualities of lawes in generall , whereof vnlesse it be throughly enformed , there will appeare no certaintie to stay our perswasion vpon : i haue for that cause set downe in the first place an introduction on both sides needfull to bee considered : declaring therein what law is , how different kindes of lawes there are , and what force they are of according vnto each kind . this done , because ye suppose the lawes for which ye striue are found in scripture ; but those not , against which we striue ; & vpon this surmise are drawne to hold it as the very maine pillar of your whole cause , that scripture ought to be the onely rule of all our actions , and consequently that the church-orders which wee obserue being not commaunded in scripture , are offensiue and displeasant vnto god : i haue spent the second booke in sifting of this point , which standeth with you for the first and chiefest principle whereon ye build . wherevnto the next in degree is , that as god will haue alwayes a church vpon earth while the worlde doth continue , and that church stand in neede of gouernment , of which gouernment it behoueth himselfe to bee both the author and teacher : so it cannot stand with dutie that man should euer presume in any wise to chaunge and alter the same ; and therefore ▪ that in scripture there must of necessitie be found some particular forme of politie ecclesiasticall , the lawes whereof admit not any kinde of alteration . the first three bookes being thus ended , the fourth proceedeth from the generall grounds and foundations of your cause , vnto your generall accusations against vs , as hauing in the orders of our church ( for so you pretend ) corrupted the right forme of church politie with manifolde popish rites and ceremonies , which certaine reformed churches haue banished from amongst them , and haue thereby giuen vs such examples as ( you thinke ) wee ought to follow . this your assertion hath herein drawne vs to make search , whether these bee iust exceptions against the customes of our church , when ye pleade that they are the same which the church of rome hath , or that they are not the same which some other reformed churches haue deuised . of those foure bookes which remaine and are bestowed about the specialties of that cause which lyeth in controuersie , the first examineth the causes by you alleaged , wherefore the publique duties of christian religion , as our prayers , our sacramants and the rest , should not be ordered in such sort as with vs they are ▪ nor that power whereby the persons of men are consecrated vnto the ministerie , be disposed of in such maner as the lawes of this church doe allow . the second and third are concerning the power of iurisdiction : the one , whether la● men , such as your gouerning elders are , ought in all congregations for euer to bee inuested with that power ; the other , whether bishops may haue that power ouer other pastors , and there withall that honour which with vs they haue , and because besides the power of order which all consecrated persons haue , and the power of iurisdiction which neither they all nor they only haue ▪ there is a third power , a power of ecclesiasticall dominion , communicable as wee thinke vnto persons not ecclesiasticall , and most fit to be restrained vnto the prince or soueraigne commaunder ouer the whole body politique ▪ the eight booke we haue allotted vnto this question , and haue sifted therein your obiections against those preeminences royall which thereunto appert●ine ▪ thus haue j layd before you the briefe of these my trauailes , and presented vnder your view the limmes of that cause litigious betweene vs : the whole intier body whereof being thus compact , it shall be no troublesome thing for any man to find each particular controuersies resting place , and the coherence it hath with those things , either on which it dependeth , or which depend on it . . the case so standing therefore my brethren as it doth , the wisdome of gouernors ye must not blame , in that they further also forecasting the manifold strange & dangerous innouations , which are more then likely to follow if your discipline should take place , haue for that cause thought it hitherto a part of their dutie to withstand your endeuors that way . the rather , for that they haue seene alreadie some small beginninges of the fruits thereof , in them who concurring with you in iudgement aboute the necessitie of that discipline , haue aduentured without more adoe , to separate themselues from the rest of the church , and to put your speculations in execution . these mens hastines the warier sort of you doth not commend , yee wish they had held themselues longer in , and not so dangerously flowne abroad before the fethers of the cause had beene growne ; their errour with mercifull terms ye reproue , naming them in great commiseration of mind , your poore brethren . they o● the contrary side more bitterly accuse you as their false brethrē , & against you they plead saying : from your breasts it is that we haue sucked those thinges , which when ye deliuered vnto vs , ye termed that heauenly , sincere , and wholesome milke of gods word , howsoeuer yee now abhorre as poyson that which the vertue thereof hath wrought and brought forth in vs. ye sometime our companions , guides and familiars , with whome we haue had most sweete consultations , are now become our professed aduersaries . because wee thinke the statute-congregations in englande to bee no true christian churches ; because wee haue seuered our selues from them ; and because without their leaue or licence that are in ciuill authoritie , wee haue secretly framed our owne churches according to the platforme of the worde of god. for of that point betweene you and vs there is no controuersie . alas what would ye haue vs to doe ? at such time as ye were content to accept vs in the number of your owne , your teachinges we heard , we read your writinges : and though wee would , yet able wee are not to forget with what zeale yee haue euer profest , that in the english congregations ( for so many of them as bee ordered according vnto their owne lawes , ) the very publique seruice of god is fraught , as touching matter , with heapes of intollerable pollutions , and as concerning forme , borrowed from the shoppe of antichrist ; hatefull both waies in the eyes of the most holy : the kinde of their gouernment by bishops and archbishops , antichristian , that discipline which christ hath essentially tyed , that is to say , so vnited vnto his church , that wee cannot accompt it really to be his church which hath not in it the same discipline , that verie discipline no lesse there despised , then in the highest throne of antichrist , all such partes of the word of god as doe any way concerne that discipline , no lesse vnsoundlie taught and interpreted by all authorized english pastors , then by antichrists factors themselues ; at baptisme crossing , at the supper of the lord kneeling ▪ at both a number of other the most notorious badges of antichristian recognisance vsuall . being moued with these and the like your effectuall discourses , whereunto we gaue most attentiue eare , till they entred euen into our soules , and were as fire within our bosomes ; we thought we might hereof be bold to conclude , that sith no such antichristian synagogue may be accompted a true church of christ , ye by accusing all congregations ordered according to the lawes of england as antichristian , did meane to condemne those congregations , as not being any of them worthy the name of a true christian church . ye tell vs now it is not your meaning . but what meant your often threatnings of them , who professing thēselues the inhabitants of mount sion , were too loth to depart wholly as they should out of babylon ? whereat our hearts being fearefully troubled , we durst not , we durst not continue longer so neere her confines , least her plagues might suddenly ouertake vs , before we did cease to be partakers with her sinnes : for so we could not choose but acknowledge with griefe that we were , when they doing euill , we by our presence in their assemblies seemed to like thereof , or at least wise not so earnestly to dislike , as became men heartily zealous of gods glory . for aduenturing to erect the discipline of christ without the leaue of the christian magistrate , happily ye may condemne vs as fooles , in that we hazard thereby our estates and persons , further then you which are that way more wise thinke necessary : but of any offence or sinne therein committed against god , with what conscience can you accuse vs , when your owne positions are , that the things we obserue should euery of them be dearer vnto vs then ten thousand liues ; that they are the peremptory commaundements of god ; that no mortall man can dispence with them , and that the magistrate grieuously sinneth in not constraining thereunto ? will ye blame any man for doing that of his owne accord , which all men should be compelled to do that are not willing of themselues ? when god commandeth , shall we answer that we will obey , if so be caesar will graunt vs leaue ? is discipline an ecclesiasticall matter or a ciuill ? if an ecclesiasticall , it must of necessitie belong to the duty of the minister . and the minister ( ye say ) holdeth all his authority of doing whatsoeuer belongeth vnto the spirituall charge of the house of god , euen immediatly from god himselfe , without dependency vpon any magistrate . whereupon it followeth , as we suppose , that the hearts of the people being willing to be vnder the scepter of christ , the minister of god , into whose hands the lord himselfe hath put that scepter , is without all excuse if thereby he guide them not . nor do we finde that hitherto greatly ye haue disliked those churches abroad , where the people with direction of their godly ministers , haue euen against the will of the magistrate brought in either the doctrine or discipline of iesus christ. for which cause we must now thinke the very same thing of you , which our sauiour did sometime vtter concerning false harted scribes and pharises , they say and do not . thus the foolish barrowist deriueth his schisme by way of conclusion , as to him it seemeth , directly and plainely out of your principles . him therefore we leaue to be satisfied by you from whom he hath sprung . and if such by your owne acknowledgement be persons dangerous , although as yet the alterations which they haue made are of small and tender groath ; the changes likely to insue throughout all states and vocations within this land , in case your desire should take place , must be thought vpon . first concerning the supreme power of the highest , they are no small prerogatiues which now thereunto belonging the forme of your discipline will constraine it to resigne , as in the last booke of this treatise we haue shewed at large . againe it may iustly be feared , whether our english nobility , when the matter came in tryall , would contentedly suffer themselues to be alwayes at the call , and to stand to the sentence of a number of meane persons , assisted with the presence of their poore teacher , a man ( as sometimes it hapneth ) though better able to speake , yet little or no whit apter to iudge then the rest : from whom , be their dealings neuer so absurd ( vnlesse it be by way of cōplaint to a synod ) no appeale may be made vnto any one of higher power , in as much as the order of your discipline admitteth no standing inequalitie of courts , no spirituall iudge to haue any ordinary superiour on earth , but as many supremacies as there are parishes & seuerall congregations . neither is it altogether without cause that so many do feare the ouerthrow of all learning , as a threatned sequell of this your intended discipline . for if the worlds preseruation depend vpon the multitude of the wise ; and of that sort the number hereafter be not likely to waxe ouer great , when ( that where with the sonne of syrach professeth himselfe at the heart grieued ) men of vnderstanding are already so little set by : howe should their mindes whom the loue of so pretious a iewell filleth with secret iealousie euen in regard of the least things which may any way hinder the flourishing estate thereof , choose but misdoubt least this discipline , which alwayes you match with diuine doctrine as hir naturall and true sister , be found vnto all kinds of knowledge a stepmother ; seeing that the greatest worldly hopes , which are proposed vnto the chiefest kind of learning , ye seeke vtterly to extirpate as weedes ; and haue grounded your platforme on such propositions , as do after a sort vndermine those most renowmed habitations , where through the goodnesse of almightie god all commendable arts and sciences are with exceeding great industrie hitherto ( and so may they euer continue ) studied , proceeded in , and profest . to charge you as purposely bent to the ouerthrow of that wherein so many of you haue attained no small perfection , were iniurious . only therfore i wish that your selues did well consider how opposite certaine your positions are vnto the state of collegiate societies , whereon the two vniuersities consist . those degrees which their statutes bind them to take , are by your lawes taken away ; your selues who haue sought them ye so excuse , as that ye would haue men to thinke ye iudge them not allowable , but tollerable only , and to be borne with for some helpe which ye find in them vnto the furtherance of your purposes , till the corrupt estate of the chur●h may be better reformed . your lawes forbidding ecclesiasticall persons vtterly the exercise of ciuill power , must needs depriue the heads and maisters in the same colledges of all such authoritie as now they exercise , either at home , by punishing the faults of those , who not as children to their parents by the law of nature , but altogether by ciuill authority are subiect vnto them ; or abroad , by keeping courts amongst their tenants . your lawes making permanent inequalitie amongst ministers a thing repugnant to the word of god , enforce those colledges , the seniors whereof are all or any part of them ministers vnder the gouernment of a maister in the same vocation , to choose as oft as they meet together a new president . for if so ye iudge it necessary to do in synods , for the auoyding of permanent inequality amongst ministers , the same cause must needs euen in these collegiate assemblies enforce the like . except per aduenture ye meane to auoid all such absurdities , by dissoluing those corporations , and by bringing the vniuersities vnto the forme of the schoole of geneua . which thing men the rather are inclined to looke for , in as much as the ministery , whereinto their founders with singular prouidence haue by the same statutes appointed them necessarily to enter at a certaine time , your lawes bind them much more necessarily to forbeare , till some parish abroad call for them . your opinion concerning the law ciuill is , that the knowledge thereof might be spared , as a thing which this land doth not need . professors in that kind being few , ye are the bolder to spurne at them , and not to dissemble your minds as concerning their remoouall : in whose studies although my selfe haue not much bene conuersant , neuerthelesse exceeding great cause i see there is to wish that thereunto more encouragement were giuen , as well for the singular treasures of wisedome therein conteined , as also for the great vse we haue thereof both in decision of certaine kinds of causes arising daily within our selues , and especially for commerce with nations abroad , whereunto that knowledge is most requisite . the reasons wherewith ye would perswade that scripture is the onely rule to frame all our actions by , are in euery respect as effectuall for proofe that the same is the onely law whereby to determine all our ciuill controuersies . and then what doth let , but that as those men may haue their desire , who frankely broch it already that the worke of reformation will neuer be perfect , till the law of iesus christ be receiued alone ; so pleaders and counsellors may bring their bookes of the common law , and bestow them as the students of curious & needlesse arts did theirs in the apostles time ? j leave them to scanne how farre those words of yours may reach , wherein ye declare , that whereas now many houses lye waste through inordinate suites of law , this one thing will showe the excellencie of discipline for the wealth of the realme , and quiet of subiects , that the church is to censure such a party who is apparantly troublesome and contentious , and without reasonable cavse vpon a meere will and stomacke doth vexe and molest his brother & troble the country . for mine owne part i do not see but that it might verie well agree with your principles , if your discipline were fully planted , euen to send out your writs of surcease vnto all courts of england besides , for the most things handled in them . a great deale further i might proceed and descend lower . but for as much as against all these and the like difficulties your answer is , that we ought to search what things are consonant to gods will , not which be most for our owne ease ; and therefore that your discipline being ( for such is your errour ) the absolute commaundement of almightie god , it must be receiued although the world by receiuing it should be cleane turned vpside downe ; herein lyeth the greatest danger of all . for whereas the name of diuine authority is vsed to countenance these things , which are not the commaundements of god , but your owne erronious collections ; on him ye must father whatsoeuer ye shall afterwards be led , either to do in withstanding the aduersaries of your cause , or to thinke in maintenance of your doings . and what this may be , god doth know . in such kinds of error , the mind once imagining it selfe to seeke the execution of gods will , laboureth foorthwith to remoue both things and persons which any way hinder it from taking place ; and in such cases if any strange or new thing seeme requisite to be done , a strange and new opinion concerning the lawfulnesse therof , is withall receiued and broched vnder countenance of diuine authoritie . one example herein may serue for many , to shew that false opinions touching the will of god to haue things done , are wont to bring forth mightie and violent practises against the hinderances of them ; and those practises new opinions more pernitious then the first , yea most extremely sometimes opposite to that which the first did seeme to intend . where the people tooke vpon them the reformation of the church by casting out popish superstition , they hauing receiued from their pastors a generall instruction that whatsoeuer the heauenly father hath not planted must be rooted out , proceeded in some forrein places so far , that down went oratories & the very tēples of god thēselues . for as they chanced to take the compasse of their cōmission stricter or larger , so their dealings were accordingly more or lesse moderate . amongst others there sprang vp presently one kind of mē , with whose zeale & forwardnesse the rest being compared , were thought to be maruelous cold & dull . these grounding thēselues on rules more generall ; that whatsoeuer the law of christ commandeth not , thereof antichrist is the author ; and that whatsoeuer antichrist or his adherents did in the world , the true professors of christ are to vndoe ; found out many things more then others had done , the extirpation whereof was in their conceipt as necessary as of any thing before remoued . hereupon they secretly made their dolefull complaints euery where as they went , that albeit the world did begin to professe some dislike of that which was euill in the kingdome of darknesse , yet fruits worthy of a true repentance were not seene ; & that if men did repent as they ought , they must endeuour to purge the earth of all maner euill , to the end there might follow a new world afterward , wherein righteousnesse only should dwell . priuate repentance they sayd must appeare by euery mans fashioning his owne life contrary vnto the custome and orders of this present world , both in greater things and in lesse . to this purpose they had alwayes in their mouthes those greater things , charity , faith , the true feare of god , the crosse , the mortification of the flesh . all their exhortations were to set light of the things in this world , to count riche● and honors vanitie , and in token thereof not onely to seeke neither , but if men were possessors of both , euen to cast away the one & resigne the other , that all men might see their vnfained conuersion vnto christ. they were sollicitors of men to fasts , to often meditations of heauenly things , & as it were cōferences in secret with god by prayers , not framed according to the frosen maner of the world , but expressing such feruēt desires as might euen force god to hearken vnto them . where they found men in diet , attire , furniture of house , or any other way obseruers of ciuilitie , and decent order , such they reprooued as being carnally and earthly minded . euery word otherwise then seuerely and sadly vttered , seemed to pierce like a sword thorow them . if any man were pleasant , their manner was presently with deepe sighes to repeate those words of our sauiour christ , wo be to you which now laugh , for ye shall lament . so great was their delight to be alwaies in trouble , that such as did quietly lead their liues , they iudged of all other men to be in most dangerous case . they so much affected to crosse the ordinary custome in euery thing , that when other mens vse was to put on better attire , they would be sure to shew thēselues openly abroad in worse : the ordinary names of the daies in the weeke they thought it a kind of prophanes to vse , & therefore accustomed thēselues to make no other distinction then by numbers , the first , second , third day . from this they proceeded vnto publike reformatiō , first ecclesiasticall , and then ciuill . touching the former , they boldly aduouched , that themselues only had the truth , which thing vpon perill of their liues they would at all times defend ; & that since the apostles liued , the same was neuer before in al points sincerely taught . wherfore that things might againe be brought to that auncient integritie which iesus christ by his word requireth , they began to controule the ministers of the gospell for attributing so much force and vertue vnto the scriptures of god read , whereas the truth was , that when the word is said to engender faith in the heart , and to conuert the soule of man , or to worke any such spirituall diuine effect , these speeches are not thereunto appliable as it is read or preached , but as it is ingrafted in vs by the power of the holy ghost opening the eyes of our vnderstanding , and so reuealing the mysteries of god , according to that which ieremy promised before should be , saying , i will put my law in their inward parts , and i will write it in their hearts . the booke of god they notwithstanding for the most part so admired , that other disputation against their opinions then onely by allegation of scripture they would not heare ; besides it , they thought no other writings in the world should be studied ; in so much as one of their great prophets exhorting them to cast away all respects vnto humane writings , so far to his motion they condescended , that as many as had any bookes saue the holy bible in their custody , they brought and set them publiquely on fire . when they and their bibles were alone together , what strange phantasticall opinion soever at any time entred into their heads , their vse was to thinke the spirit taught it them . their phrensies concerning our sauiours incarnation , the state of soules departed , & such like , are things needlesse to be rehearsed . and for as much as they were of the same suite with those of whom the apostle speaketh , saying , they are still learning , but neuer attaine to the knowledge of truth , it was no maruaile to see them euery day broach some new thing , not heard of before . which restlesse leuitie they did interpret to be their growing to spirituall perfection , and a proceeding from faith to faith . the differences amongst them grew by this meane in a maner infinite , so that scarcely was there found any one of them , the forge of whose braine was not possest with some speciall mysterie . whereupon , although their mutuall contentions were most fiercely prosecuted amongst themselues ; yet when they came to defend the cause common to them all against the aduersaries of their faction , they had wayes to licke one another whole , the sounder in his owne perswasion , excusing the deare brethren , which were not so farre enlightned , and professing a charitable hope of the mercy of god towards them notwithstanding their swaruing from him in some things . their owne ministers they highly magnified as men whose vocation was frō god : the rest their maner was to terme disdainfully scribes and pharises , to accompt their calling an humaine creature , and to deteine the people as much as might be from hearing them . as touching sacraments ; baptisme administred in the church of rome , they iudged to be but an execrable mockery & no baptisme ; both because the ministers thereof in the papacy are wicked idolaters , lewd persons , theeues , and murderers , cursed creatures , ignorant beasts ; & also for that to baptise is a proper action belonging vnto none but the church of christ , whereas rome is antichrists synagogue . the custome of vsing godfathers & godmothers at christnings they scorned . baptising of infants , although confest by thēselues to haue bin continued euē sithens the very apostles owne times , yet they altogether condemned : partly because sundry errors are of no lesse antiquity ; and partly for that there is no commandement in the gospell of christ which sayth , baptise infants , but he contrariwise in saying , go preach and baptise , doth appoint that the minister of baptisme shall in that action first administer doctrine , & thē baptisme , as also in saying , whosoeuer doth beleeue and is baptised , he appointeth that the party to whō baptisme is administred shall first beleeue ▪ & then be baptised ; to the end that belieuing may go before this sacramēt in the receiuer , no otherwise then preaching in the giuer , sith equally in both , the law of christ declareth not only what things are required , but also in what order they are required . the eucharist they receiued ( pretending our lord & sauiours example ) after supper : & for auoiding all those impieties which haue bin grounded vpon the mysticall words of christs , this is my body , this is my bloud ; they thought it not safe to mention either body or bloud in that sacrament , but rather to abrogate both , & to vse no words but these , take , eate , declare the death of our lord : drinke , shew forth our lords death . in rites & ceremonies their profession was hatred of all cōformity with the church of rome : for which cause they would rather indure any tormēt then obserue the solemne festiuals which others did , in as much as antichrist ( they said ) was the first inuentor of thē . the pretended end of their ciuill reformatiō , was that christ might haue dominion ouer all , that all crowns & scepters might be throwne downe at his feete , that no other might raign ouer christian mē but he , no regimēt keep thē in awe but his discipline , amongst them no sword at all be caried besides his , the sword of spirituall excommunication . for this cause they laboured with all their might in ouerturning the seats of magistracy , because christ hath said , kings of nations ; in abolishing the execution of iustice , because christ hath sayd , resist not euill ; in forbidding oathes the necessary meanes of iudiciall tryall , because christ hath sayd , sweare not at all ; finally in bringing in community of goods , because christs by his apostles hath giuen the world such example , to the end that men might excell one another , not in wealth the pillar of secular authority , but in vertue . these men at the first were only pitied in their error , and not much withstood by any ; the great humilitie , zeale , and deuotion which appeared to be in them , was in all mens opinion a pledge of their harmelesse meaning . the hardest that mē of sound vnderstanding conceiued of them was but this , o quàm honesta voluntate miseri errant ? with how good a meaning these poore soules do euill . luther made request vnto fredericke duke of saxony , that within his dominion they might be fauourably dealt with and spared , for that ( their errour exempted ) they seemed otherwise right good men . by meanes of which mercifull tolleration they gathered strength , much more then was safe for the state of the common wealth wherein they liued . they had their secret corner-meetings and assemblies in the night , the people flocked vnto them by thousands . the meanes whereby they both allured and retained so great multitudes were most effectuall ; first a wonderfull shew of zeale towards god , where with they seemed to be euen rapt in euery thing they spake : secondly an hatred of sinne , and a singular loue of integrity , which men did thinke to be much more then ordinary in them , by reason of the custome which they had to fill the eares of the people with inuectiues against their authorised guides , as well spirituall as ciuill : thirdly the bountifull reliefe where with they eased the broken estate of such needie creatures , as were in that respect the more apt to be drawne away : fourthly , a tender compassion which they were thought to take vpon the miseries of the common sort , ouer whose heads their manner was euen to powre down showers of teares in complayning that no respect was had vnto thē , that their goods were deuoured by wicked cormorants , their persons had in contempt , all liberty both temporall & spirituall taken from them , that it was high time for god now to heare their grones , and to send them deliuerance : lastly a cunning slight which they had to stroke and smooth vp the mindes of their followers , as well by appropriating vnto them all the fauourble titles , the good wordes , and the gracious promises in scripture ; as also by casting the contrary alwaies on the heades of such as were seuered from that retinue . whereupon the peoples cōmon acclamation vnto such deceiuers was , these are verily the men of god , these are his true and sincere prophets . if any such prophet or man of god did suffer by order of law condigne and deserued punishment ; were it for felony , rebellion , murder , or what else , the people ( so strangely were their hearts inchanted ) as though blessed saint stephen had bene againe martyred , did lament that god tooke away his most deere seruants from them . in all these things being fully perswaded , that what they did , it was obedience to the will of god , and that all men should do the like ; there remained after speculation practise , whereby the whole world thereunto ( if it were possible ) might be framed . this they saw could not be done , but with mighty opposition and resistance : against which to strengthen themselues , they secretly entred into league of association . and peraduenture considering , that although they were many , yet long warres would in time waste them out ; they began to thinke whether it might not be that god would haue them do for their speedie an mighty increase , the same which sometime gods owne chosen people , the people of israell did . glad and faine they were to haue it so : which very desire was it selfe apt to breed both an opinion of possibilitie , and a willingnesse to gather arguments of likelihood that so god himselfe would haue it . nothing more cleare vnto their seeming , then that a new jerusalem being often spoken of in scripture , they vndoubtedly were themselues that newe ierusalem , and the old did by way of a certaine figuratiue resemblance signifie what they should both be and do . here they drewe in a sea of matter , by applying all things vnto their owne companie , which are any where spoken concerning diuine fauours and benefits bestowed vppon the old common-wealth of israell ; concluding that as israell was deliuered out of aegypt , so they spiritually out of the aegypt of this worldes seruile thraldome vnto sinne and superstition ; as israell was to roote out the idolatrous nations , and to plant in steede of them a people which feared god , so the same lords goodwill and pleasure was nowe , that these new israelites should vnder the conduct of other iosuaes , sampsons , and gedeons , performe a worke no lesse miraculous in casting out violently the wicked from the earth , and establishing the kingdome of christ with perfect libertie : and therefore as the cause why the children of israell tooke vnto one man many wiues , might be least the casualties of warre should any way hinder the promise of god concerning their multitude from taking effect in them ; so it was not vnlike that for the necessarie propagation of christes kingdome vnder the gospell , the lord was content to allowe as much . now whatsoeuer they did in such sort collect out of scripture , when they came to iustifie or perswade it vnto others , all was the heauenly fathers appointment , his commandement , his will and charge . which thing is the very point in regard whereof i haue gathered this declaration . for my purpose herein is to shew , that when the minds of men are once erroniously perswaded that it is the will of god to haue those things done which they phancie ; their opinions are as thornes in their sides , neuer suffering them to take rest till they haue brought their speculations into practise : the lets and impediments of which practise their restlesse desire and study to remoue , leadeth them euery day forth by the hand into other more dangerous opinions , sometimes quite & cleane contrary to their first pretended meanings : so as what will grow out of such errors as go masked vnder the cloake of diuine authority , impossible it is that euer the wit of man should imagine , till time haue brought forth the fruits of them : for which cause it behoueth wisedome to feare the sequels thereof , euen beyond all apparant cause of feare . these men in whose mouthes at the first , sounded nothing but onely mortification of the flesh ; were come at the length to thinke they might lawfully haue their sixe or seuen wiues apeece : they which at the first thought iudgement and iustice it selfe to be mercilesse cruelty ; accompted at the length their owne hands sanctified with being imb●ued in christan bloud : they who at the first were wont to beate downe all dominion , and to vrge against poore constables , kings of nations ; had at the length both consuls and kings of their owne erection amongst themselues : finally they which could not brooke at the first that any man should seeke , no not by law , the recouery of goods iniuriously taken or withheld from him ; were growne at the last to thinke they could not offer vnto god more acceptable sacrifice , then by turning their aduersaries cleane out of house & home , and by inriching thēselues with al kind of spoile and pillage ; which thing being laid to their charge , they had in a readinesse their answer , that now the time was come , when according to our sauiours promise , the meeke ones must inherite the earth , and that their title hereunto was the same which the righteous israelites had vnto the goods of the wicked aegyptians . wherefore sith the world hath had in these men so fresh experience , how dangerous such actiue errors are , it must not offend you though touching the sequell of your present misperswasions much more be doubted , then your owne intents and purposes do happily aime at . and yet your words already are somewhat , when ye affirme that your pastors , doctors , elders , and deacons , ought to be in this church of england , whether hir maiestie and our state will or no ; when for the animating of your consederates ye publish the musters which ye haue made of your owne bands , and proclaime them to amount i know not to how many thousands ; when ye threaten , that sith neither your suites to the parliament , nor supplications to our conuocation house , neither your defences by writing ; nor chalenges of disputation in behalfe of that cause are able to preuaile , we must blame our selues if to bring in discipline some such meanes hereafter be vsed as shall cause all our harts to ake . that things doubtfull are to be constered in the better part , is a principle not safe to be followed in matters concerning the publique state of a common weale . but howsoever these and the like speeches be accompted as arrowes idly shot at randon , without either eye had to any marke , or regard to their lighting place : hath not your longing desire for the practise of your discipline , brought the matter already vnto this demurrer amongst you , whether the people and their godly pastors that way affected , ought not to make separation from the rest , and to begin the exercise of discipline without the licence of ciuill powers , which licence they haue sought for , and are not heard ? vpon which question as ye haue now deuided your selues , the warier sort of you taking the one part , and the forwarder in zeale the other ; so in case these earnest ones should preuaile , what other sequell can any wise man imagine but this , that hauing first resolued that attempts for discipline without superiors are lawfull , it will follow in the next place to be disputed what may be attempted against superiors which will not haue the scepter of that discipline to rule ouer them ? yea euen by you which haue stayed your selues from running headlong with the other sort , somewhat notwithstanding there hath bene done without the leaue or liking of your lawfull superiors , for the exercise of a part of your discipline amongst the cleargy thereunto addicted . and least examination of principall parties therein should bring those things to light , which might hinder and let your proceedings ; behold for a barre against that impediment , one opinion ye haue newly added vnto the rest euen vpon this occasion , an opinion to exempt you from taking oathes which may turne to the molestation of your brethren in that cause . the next neighbour opinion whereunto , when occasion requireth , may follow for dispensation with oathes already taken , if they afterwards be found to import a necessity of detecting ought which may bring such good men into trouble or damage , whatsoeuer the cause be . o mercifull god , what mans wit is there able to found the depth of those daungerous and fearefull euils , whereinto our weake and impotent nature is inclinable to sinke itselfe , rather then to shew an acknowledgement of error in that which once we haue vnaduisedly taken vpon vs to defend , against the streame as it were of a contrary publique resolution ! wherefore if we anie thing respect their error , who being perswaded euen as ye are , haue gone further vpon that perswasion then ye allow ; if we regard the present state of the highest gouernour placed ouer vs , if the quality and disposition of our nobles , if the orders and lawes of our famous vniuersities , it the profession of the civil , or the practise of the common law amongst vs , if the mischiefes whereinto euen before our eyes so many others haue fallen headlong from no lesse plausible and faire beginnings then yours are : there is in euery of these considerations most iust cause to feare , least our hastines to embrace a thing of so perilous consequence , should cause posterity to feele those euils , which as yet are more easie for vs to preuent , then they would be for them to remedy . . the best and safest way for you therefore my deere brethren is , to call your deeds past to a new reckening , to reexamine the cause ye haue taken in hand , and to try it euen point by point , argument by argument , with all the diligent exactnesse ye can ; to lay aside the gall of that bitternesse wherein your minds haue hitherto ouer abounded , and with meeknesse to search the truth . thinke ye are men , deeme it not impossible for you to erre : sift vnpartially your owne hearts , whether it be force of reason , or vehemency of affection , which hath bred , and still doth feed these opinions in you . if truth do any where manifest it selfe , seeke not to smother it with glosing delusions , acknowledge the greatnesse thereof , and thinke it your best victory when the same doth preuaile ouer you . that ye haue bene earnest in speaking or writing againe and againe the contrary way , should be no blemish or discredit at all vnto you . amongst so many so huge volumes as the infinite paines of saint augustine haue brought foorth , what one hath gotten him greater loue , commendation and honour , then the booke wherein he carefully collecteth his owne ouersights , and sincerely condemneth them ? many speeches there are of iobes , whereby his wisedome and other vertues may appeare : but the glory of an ingenuous mind he hath purchased by these words onely , behold , i will lay mine hand on my mouth ; i haue spoken once , yet will i not therefore maintaine argument ; yea twice , howbeit for that cause further i will not proceed . farre more comfort it were for vs ( so small is the ioy we take in these strifes ) to labour vnder the same yoke , as men that looke for the same eternall reward of their labours , to be ioyned with you in bands of indissoluble loue and amity , to liue as if our persons being many our soules were but one , rather then in such dismembred sort to spend our few and wretched daies in a tedious prosecuting of wearisome contentions ▪ the end whereof , if they haue not some speedy ende , will be heauie euen on both sides . brought alreadie we are euen to that estate which gregorie nazianzene mournefully describeth , saying . my minde leadeth mee ( sith there is no other remedie ) to flye and to conuey my selfe into some corner out of sight , where i may scape from this cloudie tempest of malitiousnesse , whereby all parts are entred into a deadly warre amongst themselues , and that little remnant of loue which was , is now consumed to nothing . the onely godlines we glory in , is to finde out somewhat whereby we may iudge others to be vngodly . each others faults we obserue , as matter of exprobration , and not of griefe . by these meanes wee are growne hateful in the eyes of the heathens themselues ; and ( which woundeth vs the mo●e deeply ) able we are not to denie but that we haue deserued their hatred . with the better sort of our owne , our fame and credit is cleane lost . the lesse wee are to maruell if they iudge vilely of vs , who although we did well , would hardly allow therof . on our backs they also build that are lewd , and what we obiect one against an other , the same they vse to the vtter scorne and disgrace of vs all . this we haue gained by our mutuall home-dissentions . this we are worthily rewarded with , which are more forward to striue , then becommeth men of vertuous and mild disposition . but our trust in the almightie is , that with vs contentions are now at their highest floate , and that the day will come ( for what cause of despaire is there ) when the passiōs of former enmitie being allaied , we shal with ten times redoubled tokens of our vnfainedly reconciled loue , shewe our selues each towards other the same , which ioseph and the brethren of ioseph were at the time of their enteruiew in aegypt . our comfortable expectation and most thirstie desire whereof what man soeuer amongst you shall any way helpe to satisfie , ( as we truly hope there is no one amongst you but some way or other will ) the blessings of the god of peace both in this world and in the world to come , be vppon him moe then the starres of the firmament in number . vvhat things are handled in the bookes following . the first booke , concerning lawes in generall . the second , of the vse of diuine lawe conteined in scripture ; whether that be the onely lawe which ought to serue for our direction in all things without exception . the third , of lawes concerning ecclesiasticall politie ; whether the forme thereof be in scripture so set downe , that no addition or change is lawfull . the fourth , of generall exceptions taken against the lawes of our politie , as being popish and banished out of certaine reformed churches . the fift , of our lawes that concerne the publike religious duties of the church ; and the maner of bestowing that power of order which inableth men in sundrie degrees and callings to execute the same . the sixt , of the power of iurisdiction , which the reformed platforme claymeth vnto lay-elders , with others . the seauenth , of the power of iurisdiction and the honor which is annexed thereunto in bishops . the eighth , of the power of ecclesiasticall dominion or supreme authoritie , which with vs the highest gouernour or prince hath , as well in regard of domesticall iurisdictions , as of that other forreinly claimed by the bishop of rome . the first booke : concerning lawes , and their seuerall kindes in generall . the matter conteined in this first booke . the cause of writing this generall discourse concerning lawes ▪ of that lawe which god from before the beginning hath set for himselfe to doe all the things by . the law which natural agents obserue , & their necessary maner of keeping it ▪ the lawe which the angels of god obey . the lawe whereby man is in his actions directed to the imitation of god. mens first beginning to vnderstand that lawe . of mans will , which is the first thing that lawes of action are made to guide . of the naturall finding out of lawes by the light of reason to guide the will vnto that which is good . of the benefit of keeping that lawe which reason teacheth . how reason doth lead men vnto the making of humane lawes whereby politique societies are gouerned , and to agreement about lawes whereby the fellowship or communion of independent societies standeth . wherefore god hath by scripture further made knowne such supernaturall lawes as do serue for mens direction . the cause why so many naturall or rationall lawes are set downe in holy scripture . the benefit of hauing diuine lawes written . the sufficiencie of scripture vnto the end for which it was instituted . of lawes positiue conteined in scripture , the mutabilitie of certaine of them , and the generall vse of scripture . a conclusion , shewing how all this belongeth to the cause in question . he that goeth about to perswade a multitude , that they are not so well gouerned as they ought to be , shal neuer wāt attentiue & fauourable hearers ; because they know the manifold defects whereunto euery kind of regiment is subiect , but the secret lets and difficulties ▪ which in publike proceedings are innumerable & ineuitable , they haue not ordinarily the iudgement to consider . and bec●●se such as openly reproue supposed disorders of state are taken for principall friendes to the common benefite of all , and for men that carry singular freedome of mind ; vnder this faire and plausible colour whatsoeuer they vtter passeth for good and currant . that which wanteth in the waight of their speech , is supplyed by the aptnes of mens minds to accept and beleeue it . whereas on the other side , if we maintaine thinges that are established , wee haue not onely to striue with a number of heauie preiudices deepely rooted in the hearts of men , who thinke that herein we serue the time , and speake in fauour of the present state , because thereby we eyther hold or seeke preferment ; but also to beare such exceptions as minds so auerted before hand vsually take against that which they are loath should be powred into them . albeit therefore much of that we are to speake in this present cause , may seeme to a number perhaps tedious , perhaps obscure , darke , and intricate , ( for many talke of the truth , which neuer sounded the depth from whence it springeth , and therfore when they are led thereunto they are soone weary , as men drawne from those beaten pathes wherewith they haue bene inured ) : yet this may not so farre preuaile , as to cut off that which the matter it selfe requireth , howsoeuer the nice humour of some be therewith pleased or no. they vnto whom we shall seeme tedious , are in no wise iniuried by vs , because it is in their owne hands to spare that labour which they are not willing to endure . and if any complaine of obscuritie , they must consider , that in these matters it commeth no otherwise to passe , then in sundry the workes both of art and also of nature , where that which hath greatest force in the very things we see , is notwithstanding it selfe oftentimes not seene . the statelinesse of houses , the goodlines of trees , when we behold them delighteth the eye ; but that foundation which beareth vp the one , that roote which ministreth vnto the other nourishment and life , is in the bosome of the earth concealed ; & if there be at any time occasion to search into it , such labour is then more necessary then pleasant , both to them which vndertake it , and for the lookers on . in like manner the vse and benefite of good lawes , all that liue vnder them may enioy with delight and comfort , albeit the groundes and first originall causes from whence they haue sprung be vnknowne , as to the greatest part of men they are . but when they who withdraw their obedience , pretend that the lawes which they should obey are corrupt and vitious ; for better examination of their qualitie , it behoueth the very foundation and roote , the highest welspring and fountaine of them to be discouered . which because wee are not oftentimes accustomed to doe , when wee doe it , the paines wee take are more needefull a great deale then acceptable , and the matters which wee handle seeme by reason of newnesse , ( till the minde grow better acquainted with them ) darke , intricate and vnfamiliar . for as much helpe whereof as may be in this case , i haue endeuoured throughout the body of this whole discourse , that euery former part might giue strength vnto all that followe , and euery later bring some light vnto all before . so that if the iudgements of men doe but holde themselues in suspence as touching these first more generall meditations , till in order they haue perused the rest that ensue : what may seeme darke at the first will afterwardes be founde more plaine , euen as the later particular decisions will appeare i doubt not more strong , when the other haue beene read before . the lawes of the church , whereby for so many ages together wee haue bene guided in the exercise of christian religion and the seruice of the true god , our rites , customes , and orders of ecclesiasticall gouernment , are called in question ; wee are accused as men that will not haue christ iesus to rule ouer them , but haue wilfully cast his statutes behinde their backes , hating to bee reformed , and made subiect vnto the scepter of his discipline . behold therefore wee offer the lawes whereby wee liue vnto the generall triall and iudgement of the whole world ; hartily beseeching almightie god , whome wee desire to serue according to his owne will , that both wee and others ( all kinde of partiall affection being cleane laide aside ) may haue eyes to see , and hearts to embrace , the things that in his sight are most acceptable . and because the point about which wee striue is the qualitie of our lawes , our first entrance hereinto cannot better be made , then with consideration of the nature of lawe in generall , and of that lawe which giueth life vnto all the rest which are commendable iust and good , n●mely the lawe whereby the eternall himselfe doth worke . proceeding from hence to the lawe , first of nature , then of scripture , we shall haue the easier accesse vnto those things which come after to be debated , concerning the particular cause and question which wee haue in hand . all thinges that are , haue some operation not violent or casuall . neither doth any thing euer begin to exercise the same , without some foreconceiued ende for which it worketh . and the ende which it worketh for is not obteined , vnlesse the worke bee also fit to obteine it by . for vnto euery ende euery operation will not serue . that which doth assigne vnto each thing the kinde , that which doth moderate the force and power , that which doth appoint the forme and measure of working , the same we tearme a lawe . so that no certaine ende could euer bee attained , vnlesse the actions whereby it is attained were regular , that is to say , made suteable , fit and correspondent vnto their ende , by some canon rule or lawe . which thing doth first take plac● in the workes euen of god himselfe . all thinges therefore doe worke after a sort according to lawe : all other thinges according to a lawe , whereof some superiours vnto whome they are subiect is author ; onely the workes and operations of god , haue him both for their worker , and for the lawe whereby they are wrought . the being of god , is a kinde of lawe to his working : for that perfection which god is , giueth perfection to that hee doth . those naturall , necessary , and internall operations of god , the generation of the sonne , the proceeding of the spirit , are without the compasse of my present intent : which is to touch onely such operations as haue their beginning and being by a voluntary purpose , wherewith god hath eternally decreed when and how they should bee . which eternall decree is that wee tearme an eternall lawe . dangerous it were for the feeble braine of man to wade farre into the doings of the most high ; whome although to knowe bee life , and ioy to make mention of his name ; yet our soundest knowledge is , to know that wee know him not as indeede hee is , neither can know him ; and our safest eloquence concerning him is our silence when we confesse without confession , that his glory is inexplicable , his greatnesse aboue our capacitie and reach . hee is aboue , and wee vpon earth ; therefore it behoueth our wordes to bee warie and fewe , our god is one , or rather very onenesse , and meere vnitie , hauing nothing but it selfe in it selfe , and not consisting ( as all things doe besides god ) of many things . in which essentiall vnitie of god , a trinitie personall neuerthelesse subsisteth , after a maner far exceeding the possibilitie of mans conceipt . the works which outwardly are of god , they are in such sort of him being one , that each person hath in them somewhat peculiar and proper . for being three , and they all subsisting in the essence of one deitie ; from the father , by the sonne , through the spirit , all things are . that which the sonne doth heare of the father , and which the spirit doth receiue of the father & the sonne , the same we haue at the hāds of the spirit , as being the last , and therfore the nearest vnto vs in order , although in power the same with the second and the first . the wise and learned among the very heathens themselues , haue all acknowledged some first cause , whereupon originally the being of all things dependeth . neither haue they otherwise spoken of that cause , then as an agent , which knowing what and why it worketh , obserueth in working a most exact order or lawe . thus much is signified by that which homer mentioneth , a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thus much acknowledged by mercurius trismegist . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thus much cōfest by anaxagoras & plato terming the maker of the world an intellectual worker . finally the stoikes , although imagining the first cause of all things to be fire , held neuerthelesse that the same fire hauing arte , did c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . they all confesse therfore in the working of that first cause , that counsell is vsed , reason followed , a way obserued , that is to say , constant order and law is kept , wherof it selfe must needs be author vnto it selfe . otherwise it should haue some worthier and higher to direct it , and so could not it selfe be the first . being the first , it can haue no other then it selfe to be the author of that law which it willingly worketh by ▪ god therefore is a law both to himselfe , and to all other things besides . to himselfe he is a law in all those things whereof our sauiour speaketh , saying , my father worketh as yet , so i. god worketh nothing without cause . all those things which are done by him , haue some ende for which they are done : and the ende for which they are done , is a reason of his will to do them . his will had not inclined to create woman , but that he saw it could not be wel if she were not created , non est bonum , it is not good man should be alone , therfore let vs make an helper for him . that and nothing else is done by god , which to leaue vndone were not so good . if therfore it bee demanded , why god hauing power & hability infinit , th' effects notwithstāding of that power are all so limited as wee see they are : the reason hereof is , the end which he hath proposed , and the lawe whereby his wisedome hath , stinted th' effects of his power in such sort , that it doth not worke infinitely , but correspōdently vnto that end for which it worketh , euen al things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in most decent and comely sort , all things in measure , number , & waight . the generall ende of gods external working , is the exercise of his most glorious and most abundant vertue : which abundance doth shew it selfe in varietie , and for that cause this varietie is oftentimes in scripture exprest by the name of riches . the lord hath made all things for his owne sake . not that any thing is made to be beneficial vnto him , but all things for him to shew beneficence and grace in them . the particular drift of euery acte proceeding externally from god , we are not able to discerne , and therefore cannot alwaies giue the proper and certaine reason of his works . howbeit vndoubtedly a proper and certaine reason there is of euery finite worke of god , in as much as there is a law imposed vpon it ; which if there were not , it should be infinite euen as the worker himselfe is . they erre therfore who think that of the will of god to doe this or that , there is no reason besides his will. many times no reason knowne to vs ; but that there is no reason thereof , i iudge it most vnreasonable to imagine , in as much as hee worketh all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not onely according to his owne will , but the counsell of his owne will. and whatsoeuer is done with counsell or wise resolution , hath of necessitie some reason why it should be done , albeit that reason bee to vs in somethings so secret , that it forceth the wit of man to stand , as the blessed apostle himself doth , amazed therat , o the depth of the riches both of the wisdome and knowledge of god , how vnsearchable are his iudgements , & c ! that law eternall which god himself hath made to himselfe , and therby worketh all things wherof he is the cause and author ; that law in the admirable frame wherof shineth with most perfect beautie the countenance of that wisdome which hath testified concerning her self , the lord possessed me in the beginning of his way , euē before his works of old i was set vp ; that lawe which hath bene the patterne to make , and is the carde to guide the world by ; that law which hath bene of god , and with god euerlastingly ; that law the author and obseruer whereof is one only god to be blessed for euer ; how should either men or angels be able perfectly to behold ? the booke of this law we are neither able nor worthy to open and looke into . that little thereof which we darkly apprehend , we admire ; the rest with religious ignorance we humbly & meekly adore . seeing therfore that according to this law he worketh , of whom , through whom , & for whom are all things ; althogh there seeme vnto vs cōfusion & disorder in th' affaires of this present world ▪ tamen quon ! am bonus mund● rector temperat , rectè fieri cuncta ne dubites , let no man doubt but that euery thing is wel done , because the world is ruled by so good a guide , as transgresseth not his owne law , then which nothing can be more absolute , perfect & iust . the law wherby he worketh , is eternall , and therfore can haue no shew or colour of mutability : for which cause a part of that law being opened in the promises which god hath made , ( because his promises are nothing else but declarations what god will do for the good of men ) touching those promises the apostle hath witnessed , that god may as possibly denie himselfe and not be god ; as faile to performe them . and cōcerning the counsel of god , he termeth it likewise a thing vnchangeable ; the counsel of god , and that law of god wherof now we speake , being one . nor is the freedome of the wil of god any whit abated , let or hindered by meanes of this ; because the impositiō of this law vpō himselfe is his own free & volūtary act . this law therfore we may name eternal , being that order which god before al ages hath set down with himself , for himself to do all things by . i am not ignorant that by law eternall the learned for the most part do vnderstand the order , not which god hath eternally purposed himselfe in all his workes to obserue , but rather that which with himselfe he hath set downe as expedient to be kept by all his creatures , according to the seuerall conditiō wherwith he hath indued them . they who thus are accustomed to speake , apply the name of lawe vnto that onely rule of working which superiour authority in poseth ; whereas we somewhat more enlarging the sense thereof , terme any kind of rule or canon whereby actions are framed , a lawe . now that lawe which as it is laid vp in the bosome of god , they call eternall , receiueth according vnto the different kinds of things which are subiect vnto it , different and sundry kinds of names . that part of it which ordereth naturall agēts , we call vsually natures law : that which angels doe clearely behold , and without any swaruing obserue , is a law coelestiall and heauenly : the law of reason , that which bindeth creatures reasonable in this world , and with which by reason they may most plainely perceiue themselues bound ; that which bindeth them , and is not knowne but by speciall reuelation from god , diuine law ; humane law , that which out of the law either of reason or of god , men probably gathering to be expedient , they make it a lawe . all things therfore , which are as they ought to be , are conformed vnto this second law eternall , and euen those things which to this eternal law are not conformable , are notwithstanding in some sort ordered by the first eternall lawe . for what good or euill is there vnder the sunne , what action correspondent or repugnant vnto the law which god hath imposed vpō his creatures , but in or vpon it god doth worke according to the law which himselfe hath eternally purposed to keep , that is to say , the first law eternall ? so that a twofold law eternall being thus made , it is not hard to conceiue how they both take place in a all things . wherfore to come to the law of nature , albeit therby we sometimes meane that manner of working which god hath set for each created thing to keepe : yet for as much as those things are tearmed most properly naturall agents , which keepe the lawe of their kind vnwittingly , as the heauens and elements of the world , which can do no otherwise then they doe ; and for as much as we giue vnto intellectuall natures the name of voluntary agents , that so we may distinguish them from the other ▪ expedient it will be , that we seuer the law of nature obserued by the one , from that which the other is tied vnto . touching the former , their strict keeping of one tenure statute and law is spoken of by all , but hath in it more then men haue as yet attained to know , or perhaps euer shall attaine , seeing the trauell of wading herein is giuen of god to the sonnes of men , that perceiuing how much the least thing in the world hath in it more then the wisest are able to reach vnto , they may by this meanes learne humilitie . moses in describing the worke of creation , attributeth speech vnto god , god said , let there be light : let there bee afirmamēt : let the waters vnder the heauē be gathered together into one place : let the earth bring forth : let there be lights in the firmament of heauen . was this only the intent of moses , to signifie the infinite greatnes of gods power by the easines of his accomplishing such effects , without trauell , paine or labour ? surely it seemeth that moses had herein besides this a further purpose , namely , first to teach that god did not worke as a necessary , but a voluntary agent , intending before hand and decreeing with himselfe that which did outwardly proceed from him : secondly to shew that god did then institute a law natural to be obserued by creatures , and therefore according to the manner of lawes , the institution thereof is described , as being established by solemne iniunction . his commaunding those things to be which are , and to be in such sort as they are , to keep that tenure and course which they do , importeth the establishment of natures law . this worlds first creation , & the preseruation since of things created , what is it but only so far forth a manifestation by execution , what the eternall lawe of god is concerning things natural ? and as it cōmeth to passe in a kingdom rightly ordered , that after a law is once published , it presently takes effect far & wide , al states framing thēselues therunto ; euen so let vs thinke it fareth in the naturall course of the world : since the time that god did first proclaime the edicts of his lawe vpon it , heauen & earth haue harkned vnto his voice , and their labour hath bene to do his will : he made a law for the raine , he gaue his decree vnto the sea , that the waters should not passe his commandement . now if nature should intermit her course , and leaue altogether , though it were but for a while , the obseruation of her own lawes ; if those principall & mother elemēts of the world , wherof all things in this lower world are made , should loose the qualities which now they haue ; if the frame of that heauenly arch erected ouer our heads should loosen & dissolue it selfe ; if celestiall spheres should forget their wonted motions , and by irregular volubilitie turne themselues any way as it might happen ; if the prince of the lightes of heauen , which now as a giant doth runne his vnwearied course , should as it were through a languishing faintnes begin to stand & to rest himselfe ; if the moone should wander from her beaten way ▪ the times and seasons of the yeare blend themselues by disordered and confused mixture , the winds breath out their last gaspe , the cloudes yeeld no rayne , the earth be defeated of heauenly influence ; the fruites of the earth pine away as children at the withered breastes of their mother no longer able to yeeld them reliefe ; what would become of man himselfe , whom these things now do all serue ? see we not plainly that obedience of creatures vnto the lawe of nature is the stay of the whole world ? notwithstanding with nature it cōmeth somtimes to passe as with arte . let phidias haue rude & obstinate stuffe to carue , though his arte do that it should , his worke will lacke that beautie which otherwise in fitter matter it might haue had . he that striketh an instrument with skill , may cause notwithstanding a very vnpleasant sound , if the string whereon hee striketh chaunce to bee vncapable of harmonie . in the matter whereof things naturall consist , that of theophrastus taketh place , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , much of it is oftentimes such as will by no meanes yeeld to receiue that impression which were best and most perfect . which defect in the matter of thinges naturall , they who gaue themselues vnto the contemplation of nature amongst the heathen obserued often : but the true originall cause therof , diuine malediction , laid for the sinne of man vpon these creatures which god had made for the vse of niā ; this being an article of that sauing truth which god hath reuealed vnto his church , was aboue the reach of their meerely naturall capacitie and vnderstanding . but howsoeuer these swaruings are now and then incident into the course of nature , neuerthelesse so constantly the lawes of nature are by naturall agents obserued , that no man denieth but those thinges which nature worketh , are wrought either alwaies or for the most part after one and the same manner . if here it be demaunded what that is which keepeth nature in obedience to her owne lawe , wee must haue recourse to that higher lawe wherof we haue already spoken , and because all other lawes do thereon depend , from thence we must borrow so much as shall neede for briefe resolution in this point . although we are not of opinion therfore , as some are , that nature in working hath before her certaine exemplary draughts or patternes , which subsisting in the bosome of the highest , and being thence discouered , shee sixeth her eye vpon them , as trauellers by sea vpon the pole starre of the world , and that according there vnto she guideth her hand to worke by imitation : although wee rather embrace the oracle of hippocrates , that each thing both in small and in great fulfilleth the taske which destenie hath set downe : and concerning the manner of executing and fulfilling the same , what they doe they knowe not , yet is it in shewe and appearance , as though they did know what they doe , and the truth is they do not discerne the things which they looke on : neuerthelesse for as much as the works of nature are no lesse exact , then if she did both behold and studie how to expresse some absolute shape or mirror alwayes present before her ; yea such her dexteritie and skill appeareth , that no intellectuall creature in the world were able by capacitie to do that which nature doth without capacitie and knowledge ; it cannot bee , but nature hath some director of infinite knowledge to guide her in all her wayes . who the guide of nature , but onely the god of nature ? in him wee liue , moue , and are . those thinges which nature is said to do , are by diuine art performed , vsing nature as an instrument : nor is there any such art or knowledge diuine in nature her selfe working , but in the guide of natures worke . whereas therefore things naturall which are not in the number of voluntary agents ( for of such onely we now speake and of no other ) do so necessarily obserue their certaine lawes , that as long as they keepe those a formes which giue them their being , they cannot possibly be apt or inclinable to do otherwise then they doe ; seeing the kindes of their operations are both constantly and exactly framed according to the seuerall ends for which they serue , they themselues in the meane while though doing that which is fit , yet knowing neither what they doe , nor why : it followeth that all which they do in this sort , proceedeth originally from some such agent , as knoweth , appointeth , holdeth vp , and euen actually frameth the same . the manner of this diuine efficiencie being farre aboue vs , we are no more able to conceiue by our reason , then creatures vnreasonable by their sense are able to apprehend after what manner we dispose and order the course of our affaires . only thus much is discerned , that the naturall generation and processe of all thinges receiueth order of proceeding from the setled stabilitie of diuine vnderstanding . this appointeth vnto them their kinds of working , the disposition whereof in the puritie of gods owne knowledge and will is rightly tearmed by the name of prouidence . the same being referred vnto the things themselues here disposed by it , was woont by the auncient to bee called naturall destinie . that lawe the performance whereof we behold in things naturall , is as it were an authenticall , or an originall draught written in the bosome of god himselfe ; whose spirite being to execute the same , vseth euery particular nature , euery meere naturall agent , onely as an instrument created at the beginning , and euer since the beginning vsed to worke his owne will and pleasure withall . nature therefore is nothing else but gods instrument : in the course whereof dionysius perceiuing some suddaine disturbance , is said to haue cried out , aut deus naturae patitur , aut mundi machina dissolu●tur , either god doth suffer impediment , and is by a greater then himselfe hindered ; or if that be impossible , then hath he determined to make a present dissolution of the world , the execution of that law beginning now to stand stil , without which the world cannot stand . this workman , whose seruitor nature is , being in truth but onely one , the heathens imagining to be moe , gaue him in the skie the name of iupiter , in the aire the name of iuno , in the water the name of neptune , in the earth the name of vesta and sometimes of ceres , the name of apollo in the sunne , in the moone the name of diana , the name of aeolus and diuers other in the windes ; and to conclude euen so many guides of nature they dreamed of , as they sawe there were kindes of thinges naturall in the world . these they honored , as hauing power to worke or cease accordingly as men deserued of them . but vnto vs there is one onely guide of all agents naturall , and hee both the creator and the worker of all in all , alone to be blessed , adored and honoured by all for euer . that which hitherto hath beene spoken , concerneth naturall agents considered in themselues . but we must further remember also ( which thing to touch in a word shall suffice ) that as in this respect they haue their law , which lawe directeth them in the meanes whereby they tende to their owne perfection . so likewise an other lawe there is , which toucheth them as they are sociable partes vnited into one body ; a lawe which bindeth them each to serue vnto others good , and all to preferre the good of the whole before whatsoeuer their owne particular ; as we plainely see they doe , when things naturall in that regard forget their ordinary naturall woont , that which is heauie mounting sometime vpwardes of it owne accord , and forsaking the center of the earth , which to it selfe is most naturall , euen as if it did heare it selfe commaunded to let goe the good it priuately wisheth , and to relieue the present distresse of nature in common . * but now that wee may lift vp our eyes ( as it were ) from the footstoole to the throne of god , and leauing these naturall , consider a little the state of heauenly and diuine creatures ; touching angels which are spirits immateriall and intellectuall , the glorious inhabitants of those sacred pallaces , where nothing but light and blessed immortalitie , no shadow of matter for teares , discontentments , griefes , and vncomfortable passions to worke vpon , but all ioy ▪ tranquilitie , and peace , euen for euer and euer doth dwell ; as in number and order they are huge , mightie , and royall armies ; so likewise in perfection of obedience vnto that lawe , which the highest , whom they adore , loue , and imitate , hath imposed vpon them , such obseruantes they are thereof , that our sauiour himselfe being to set downe the perfect idea of that which wee are to pray and wish for on earth , did not teach to pray or wish for more , then onely that heere it might be with vs , as with them it is in heauen . god which mooueth meere naturall agents as an efficient onely , doth otherwise mooue intellectuall creatures , and especially his holy angels . for beholding the face of god , in admiration of so great excellencie they all adore him ; and being rapt with the loue of his beautie , they cleaue inseparably for euer vnto him . desire to resemble him in goodnesse , maketh them vnweariable , and euen vnsatiable in their longing to doe by all meanes all maner good vnto all the creatures of god , but especially vnto the children of men ; in the countenance of whose nature looking downeward they behold themselues beneath themselues , euen as vpwarde in god , beneath whom themselues are , they see that character which is no where but in themselues and vs resembled . thus farre euen the painims haue approched ; thus farre they haue seene into the doings of the angels of god ; orpheus confessing , that the fiery throne of god is attended on by those most industrious angels , carefull how all things are performed amongst men ; and the mirror of humaine wisedome plainely teaching , that god mooueth angels , euen as that thing doth stirre mans heart , which is thereunto presented amiable . angelicall actions may therefore be reduced vnto these three generall kindes ; first , most delectable loue , arising from the visible apprehension of the puritie , glory , and beautie of god , inuisible sauing onely vnto spirites that are pure ; secondly adoration , grounded vpon the euidence of the greatnes of god , on whom they see how all things depende ; thirdly imitation , bred by the presence of his exemplary goodnes , who ceaseth not before them daily to fill heauen and earth with the rich treasures of most free and vndeserued grace . of angels wee are not to consider onely what they are , and doe , in regard of their owne being ; but that also which concerneth them as they are lincked into a kinde of corporation amongst themselues , and of societie or fellowship with men . consider angels each of them seuerally in himself , and their law is that which the prophet dauid mentioneth , all ye his angels praise him . consider the angels of god associated , and their lawe is that which disposeth them as an army , one in order and degree aboue an other . consider finally the angels as hauing with vs that communion which the apostle to the hebrewes noteth , and in regard whereof angels haue not disdained to professe themselues our fellowseruants ; from hence there springeth vp a third law , which bindeth them to workes of ministeriall imployment . euery of which their seuerall functions are by them performed with ioy . a part of the angels of god notwithstanding ( we know ) haue fallen , and that their fall hath beene through the voluntary breach of that lawe , which did require at their hands continuance in the exercise of their high and admirable vertue . impossible it was that euer their will should chaunge or incline to remit any part of their dutie , without some obiect hauing force to auert their conceit from god , and to draw it an other way ; and that before they attained that high perfection of blisse , wherein now the elect angels are without possibilitie of falling . of any thing more then of god they could not by any meanes like , as long as whatsoeuer they knew besides god , they apprehended it not in it selfe without dependencie vpon god ; because so long god must needes seeme infinitely better then any thing which they so could apprehend . thinges beneath them could not in such sort be presented vnto their eyes , but that therein they must needs see alwayes how those things did depend on god. it seemeth therefore that there was no other way for angels to sinne , but by reflex of their vnderstanding vpon themselues ; when being held with admiration of their owne sublimitie and honor , the memorie of their subordination vnto god and their dependencie on him was drowned in this conceipt ; whereupon their adoration , loue , and imitation of god , could not choose but be also interrupted . the fall of angels therefore was pride . since their fall , their practises haue beene the cleane contrary vnto those before mentioned . for being dispersed some in the ayre , some on the earth , some in the water , some amongest the minerals , dennes , and caues , that are vnder the earth : they haue by all meanes laboured to effect an vniuersall rebellion against the lawes , and as farre as in them lyeth , vtter destruction of the workes of god. these wicked spirites the heathens honoured in stead of gods , both generally vnder the name of dii inferi gods infernall ; and particularly , some in oracles , some in idoles , some as household gods , some as nymphes ; in a word no foule and wicked spirite which was not one way or other honored of men as god , till such time as light appeared in the world , and dissolued the workes of the diuell . thus much therefore may suffice for angels , the next vnto whom in degree are men . god alone excepted , who actually and euerlastingly is whatsoeuer he may be , and which cannot hereafter be that which now he is not ; all other things besides are somewhat in possibilitie , which as yet they are not in act . and for this cause there is in all things an appetite or desire , whereby they incline to something which they may be : and when they are it , they shall be perfecte● then now they are . all which perfections are contained vnder the generall name of goodnesse . and because there is not in the world any thing wherby another may not some way be made the perfecter , therefore all things that are , are good . againe sith there can be no goodnesse desired which proceedeth not from god himselfe , as from the supreme cause of all things ; and euerie effect doth after a sort conteine , at least wise resemble the cause from which it proceedeth : all things in the world are sayd in some sort to seeke the highest , and to couet more or lesse the participation of god himselfe . yet this doth no where so much appeare as it doth in man : because there are so many kindes of perfections which man seeketh . the first degree of goodnesse is that generall perfection which all things do seeke ▪ in desiring the continuance of their beeing . all thinges therefore coueting as much as may be to be like vnto god in being euer , that which cannot hereunto attaine personally , doth seeke to continue it selfe another way , that is by ofspring and propagation . the next degree of goodnesse , is that which each thing coueteth by affecting resemblance with god , in the constancy and excellencie of those operations which belong vnto their kind . the immutabilitie of god they striue vnto , by working either alwayes or for the most part after one and the same manner ; his absolute exactnes they imitate , by tending vnto that which is most exquisite in euery particular . hence haue risen a number of axiomes in philosophie , shewing , how the workes of nature do alwayes ayme at that which cannot be bettered . these two kinds of goodnesse rehe●rsed are so neerely vnited to the things themselues which desi●e them , that we scarcely perceiue the appetite to stirre in reaching foorth her hand towards them . but the desire of those perfections which grow externally is more apparent ; especially of such as are not expressely desired vnlesse they be first knowne , or such as are not for any other cause then for knowledge it selfe desired . concerning perfections in this kind , that by proceeding in the knowledge of truth , and by growing in the exercise of vertue , man amongst the creatures of this inferiour world , aspireth to the greatest conformity with god ; this is not only knowne vnto vs , whom he himselfe hath so instructed , but euen they do acknowledge , who amongst men are not iudged the neerest vnto him . with plato what one thing more vsuall , then to excite men vnto the loue of wisedome , by shewing how much ▪ wise men are thereby exalted aboue men ; how knowledge doth rayse them vp into heauen ; how it maketh them , though not gods , yet as gods , high , admirable and diuine ? and mercurius trismegisl●s speaking of the vertues of a righteous soule , such spirits ( sayth he ) are neuer cl●yed with praising and speaking well of all men , with doing good vnto euery one by word and deed , because they studie to frame themselues according to the paterne of the father of spirits . in the matter of knowledge , there is betweene the angels of god and the children of men this difference . angels alreadie haue full and complete knowledge in the highest degree that can be imparted vnto them : men if we view them in their spring , are at the first without vnderstanding or knowledge at all . neuerthelesse from this vtter vacuitie they grow by degrees , till they come at length to be euen as the angels themselues are . that which agreeth to the one now , the other shall attaine vnto in the end ; they are not so farre disioyned and seuered , but that they come at length to meete . the soule of man being therefore at the first as a booke , wherein nothing is , and yet all thinges may be imprinted ; we are to search by what steppes and degrees it riseth vnto perfection of knowledge . vnto that which hath bene alreadie set downe concerning naturall agents this we must adde , that albeit therein we haue comprised as well creatures liuing , as void of life , if they be in degree of nature beneath men ; neuerthelesse a difference we must obserue betweene those naturall agents that worke altogether vnwittingly , and those which haue though weake , yet some vnderstanding what they do , as fishes , foules , and beasts haue . beasts are in sensible capacitie as ripe euen as men themselues , perhaps more ripe . for as stones , though in dignitie of nature inferior vnto plants , yet exceed them in firmenesse of strength or durability of being ; and plants though beneath the excellency of creatures indued with sense , yet exceed them in the faculty of vegetation and of fertility : so beasts though otherwise behind men , may notwithstanding in actions of sense and phancie go beyond them ; because the endeuors of nature , when it hath an higher perfection to seeke , are in lower the more remisse , not esteeming thereof so much as those things do , which haue no better proposed vnto them . the soule of man therefore being capable of a more diuine perfection , hath ( besides the faculties of growing vnto sensible knowledge which is common vnto vs with beasts ) a further hability ▪ whereof in thē there is no shew at all , the ability of reaching higher then vnto sensible things . till we grow to some ripenesse of yeares , the soule of man doth only store it selfe with conceipts of things of inferiour and more open qualitie , which afterwards do serue as instruments vnto that which is greater : in the meane while aboue the reach of meaner creatures it ascendeth not . when once it comprehendeth any thing aboue this , as the differences of time , affirmations , negations ▪ and contradictions in speech ; we then count it to haue some vse of naturall reason . whereunto if afterwards there might be added the right helpes of true art and learning , ( which helpes i must plainely confesse this age of the world , carying the name of a learned age , doth neither much know nor greatly regard ) there would vndoubtedly be almost as great difference in maturitie of iudgement betweene men therewith inured , and that which now men are , as betweene men that are now and innocents . which speech if any condemne , as being ouer hyperbolicall , let them consider but this one thing . no art is at the first finding out so perfect as industrie may after make it . yet the very first man that to any purpose knew the way we speake of and followed it , hath alone thereby performed more very neere in all parts of naturall knowledge , then sithence in any one part thereof , the whole world besides hath done . in the pouertie of that other new deuised aide , two things there are notwithstanding singular . of maruellous quicke dispatch it is , and doth shew them that haue it as much almost in three dayes , as if it dwell threescore yeares with them . againe because the curiositie of mans wit , doth many times with perill wade farther in the search of things , then were conuenient : the same is thereby restrained vnto such generalities ▪ as euery where offering themselues , are apparant vnto men of the weakest conceipt that need be . so as following the rules & precepts thereof , we may find it to be , an art which teacheth the way of speedy discourse , and restraineth the minde of man that it may not waxe ouer wise . education and instruction are the meanes , the one by vse , the other by precept , to make our naturall faculty of reason , both the better and the sooner able to iudge rightly betweene truth and error , good and euill . but at what time a man may be sayd to haue attained so farre foorth the vse of reason , as sufficeth to make him capable of those lawes , whereby he is thē bound to guide his actions ; this is a great deale more easie for common sense to discerne , then for any man by skill and learning to determine : euen as it is not in philosophers , who best know the nature both of fire and of gold , to teach what degree of the one will serue to purifie the other , so well as the artisan ( who doth this by fire ) discerneth by sense when the fire hath that degree of heate which sufficeth for his purpose . by reason man attaineth vnto the knowledge of things that are and are not sensible : it resteth therfore that we search how mā attaineth vnto the knowledge of such things vnsensible , as are to be knowne that they may be done . seeing then that nothing can moue vnlesse there be some end , the desire whereof prouoketh vnto motion ; how should that diuine power of the soule , that spirit of our mind as the apostle termeth it , euer stir it selfe vnto action , vnlesse it haue also the like spurre ? the end for which we are moued to worke , is somtimes the goodnes which we conceiue of the very working it selfe , without any further respect at all ; and the cause that procureth action is the meere desire of action , no other good besides being thereby intended . of certaine turbulent wits it is said , illis quieta mouere magna merces videbatur , they thought the very disturbāce of things established an hyre sufficient to set them on worke . sometimes that which we do is referred to a further end , without the desire whereof we would leaue the same vndone , as in their actions that gaue almes to purchase thereby the prayse of men . man in perfection of nature being made according to the likenes of his maker , resembleth him also in the maner of working ; so that whatsoeuer we worke as men , the same we do wittingly worke and freely ; neither are we according to the maner of naturall agents any way so tied , but that it is in our power to leaue the things we do vndone . the good which either is gotten by doing , or which consisteth in the very doing it selfe , causeth not action , vnlesse apprehending it as good , we so like and desire it . that we do vnto any such ende , the same we choose and preferre before the leauing of it vndone . choice there is not , vnlesse the thing which we take , be so in our power that we might haue refused and left it . if fire consume the stubble , it chooseth not so to do , because the nature thereof is such that it can do no other . to choose is to will one thing before another . and to will is to bend our soules to the hauing or doing of that which they see to be good . goodnesse is seene with the eye of the vnderstanding . and the light of that eye , is reason . so that two principall fountaines there are of humaine action , knowledge and will ; which will in things tending towards any end is termed choice . concerning knowledge , behold sayth moses , i haue set before you this day good and euill , life and death . concerning will , he addeth immediatly , choose life ; that is to say , the things that tend vnto life , them choose . but of one thing we must haue speciall care , as being a matter of no small moment , and that is , how the will properly and strictly taken , as it is of things which are referred vnto the end that man desireth , differeth greatly from that inferiour naturall desire which we call appetite . the obiect of appetite is whatsoeuer sensible good may be wished for ; the obiect of wil is that good which reason doth leade vs to seeke . affections , as ioy , and griefe , and feare , and anger , with such like , being as it were the sundry fashions and formes of appetite , can neither rise at the conceipt of a thing indifferent , nor yet choose but rise at the sight of some things . wherefore it is not altogether in our power , whether we will be stirred with affections or no : whereas actions which issue from the dispositiō of the wil , are in the power therof to be performed or staied . finally appetite is the wils sollicitor , and the will is appetites controller ; what we couet according to the one , by the other we often reiect : neither is any other desire termed properly will , but that where reason and vnderstanding , or the shew of reason , prescribeth the thing desired . it may be therfore a question , whether those operations of men are to be counted voluntary , wherein that good which is sensible prouoketh appetite , and appetite causeth action , reason being neuer called to councell ; as when we eate or drinke , or betake our selues vnto rest , and such like . the truth is , that such actions in men hauing attained to the vse of reason are voluntary . for as the authoritie of higher powers hath force euen in those things which are done without their priuitie , and are of so meane reckening that to acquaint them therewith it needeth not : in like sort voluntarily we are said to do that also ▪ which the will if it listed might hinder from being done , although about the doing thereof we do not expressely vse our reason or vnderstanding , and so immediatly apply our wils thereunto . in cases therefore of such facility , the will doth yeeld her assent , as it were with a kind of silence , by not dissenting ; in which respect her force is not so apparant , as in expresse mandates or prohibitions , especially vpon aduice and consultation going before . where vnderstanding therefore needeth , in those things reason is the director of mans will , by discouering in action what is good . for the lawes of well doing are the dictates of right reason . children which are not as yet come vnto those yeares whereat they may haue ; againe innocentes which are excluded by naturall defect from euer hauing ; thirdly mad men which for the present cannot possibly haue the vse of right reason to guide themselues , haue for their guide the reason that guideth other men , which are tutors ouer them to seeke and to procure their good for them . in the rest there is that light of reason , whereby good may be knowne from euill , and which discouering the same rightly is termed right . the will notwithstanding doth not incline to haue or do that which reason teacheth to be good , vnlesse the same do also teach it to be possible . for albeit the appetite , being more generall , may wish any thing which seemeth good , be it neuer so impossible : yet for such things the reasonable will of man doth neuer seeke . let reason reach impossibilitie in any thing , and the will of man doth let it go ; a thing impossible it doth not affect , the impossibility thereof being manifest . there is in the will of man naturally that freedome , whereby it is apt to take or refuse any particular obiect whatsoeuer being presented vnto it . whereupon it followeth ; th●t there is no particular obiect so good , but it may haue the shew of some dif●icultie or vnplesant qualitie annexed to it ; in respect whereof the will may shrinke and decline it : contrariwise ( for so things are blended ) there is no particular euill , which hath not some appearance of goodnes whereby to insinuate it selfe . for euill as euill cannot be desired : if that be desired which is euill , the cause is the goodnes which is or seemeth to be ioyned with it . goodnesse doth not moue by being , but by being apparant ; and therefore many things are neglected which are most pretious , onely because the value of them lyeth hid . sensible goodnesse is most apparent , neere , and present ; which causeth the appetite to be therewith strongly prouoked . now pursuit & refusall in the will do follow , the one the affirmation , the other the negation of goodnes ; which the vnderstanding apprehendeth ▪ grounding it selfe vpon sense , vnlesse some higher reason do chance to teach the cōtrary . and if reason haue taught it rightly to be good , yet not so apparently that the mind receiueth it with vtter im●ossibility of being ot●erwise ; still there is place left for the will to take or leaue . whereas therefore amongst so many things as are to be done , there are so few , the goodnes wherof reasō in such sort doth or easily can discouer ; we are not to m●ruaile at the choyce of euill , euē then when the cōtrary is probably knowne . hereby it cometh to passe , that custome inuring the mind by lō● practise , & so leauing there a sensible impression , preuaileth more thē reasonable perswasiō wh●t way so euer . reason therfore may rightly discerne the thing which is good , & yet the will of mā not incline it selfe theru●to , is oft as the preiudice of sensible experience doth ouersway . nor let any man thinke that this doth make any thing for the iust excuse of iniquity . for there was neuer sin cōmitted , wherein a lesse good was not preferred before a greater , & that wilfully ; which cānot be done without the singular disgrace of nature , & the vtter disturbance of that diuine order , wherby the preeminence of chiefest acceptation is by the best things worthily chalenged . there is not that good which cōcerneth vs , but it hath euidence ●nough for it selfe , if reason were diligent to search it out . through neglect thereof , abused we are with the shew of that which is not ; somtimes the subtilty of satan inueagling vs , as it did a eue ; sometimes the hastinesse of our wils preuenting the more considerate aduice of foūd reasō , as in b the apostles , whē they no sooner saw what they liked not , but they forthwith were desirous of fit frō heauen ; sometimes the very custome of euil making the hart obdurate against whatsoeuer instructions to the cōtrary , as in thē ouer whō our sauior spake weeping , c o ierusalē how often , & thou wouldst not ? still therfore that wherw●th we stand blameable , & can no way excuse it is , in doing euill , we prefer a lesse good before a greater the greatnes whereof is by reasō inuestigable & may be known . the search of knowledge is a thing painful ; & the painfulnes of knowledge is that which maketh the will so hardly inclinable thereunto . the root hereof , diuine maledictiō ▪ wherby the d instrumēts being weakned wherwithall the soule ( especially in reasoning ) doth worke , it preferreth rest in ignorance , before wearisome labour to know . for a spurre of diligence therefore we haue a naturall thirst after knowledge ingrafted in vs. but by reason of that originall weaknesse in the instruments , without which the vnderstanding part is not able in this world by discourse to worke , the very conceipt of painefulnesse is as a bridle to stay vs. for which cause the apostle who knew right well that the wearines of the flesh is an heauy clog to the will , striketh mightily vpon this key , awake thou that sleepest , cast off all which presseth downe , watch , labour , striue to go forward and to grow in knowledge . ▪ wherefore to returne to our former intent of discouering the naturall way , whereby rules haue bene found out concerning that goodnes wherewith the wil of man ought to be moued in humaine actions ; as euery thing naturally and necessarily doth desire the vtmost good and greatest perfection whereof nature hath made it capable , euen so man. our felicitie therefore being the obiect and accomplishment of our desire , we cannot choose but wish and couet it . all particular things which are subiect vnto action , the will doth so farre foorth incline vnto , as reason iudgeth them the better for vs , and consequently the more auaileable to our blisse . if reason erre , we fall into euill , and are so farre forth depriued of the generall perfection we seeke . seeing therefore that for the framing of mens actions the knowledge of good from euill is necessarie ; it onely resteth that we search how this may be had . neither must we suppose that there needeth one rule to know the good , and another the euill by . for he that knoweth what is straight , doth euen thereby discerne what is crooked , because the absence of straightnesse in bodies capable thereof is crookednesse . goodnesse in actions is like vnto straitnesse ▪ wherfore that which is done well we terme right . for as the straight way is most acceptable to him that trauaileth , because by it he commeth soonest to his iourneys end : so in action , that which doth lye the euenest betweene vs and the end we desire , must needes be the fittest for our vse . besides which fitnes for vse , there is also in rectitude , beauty ; as contrariwise in obliquity , deformity . and that which is good in the actions of men , doth not onely delight as profitable , but as amiable also . in which consideration the grecians most diuinely haue giuen to the actiue perfection of men , a name expressing both beauty and goodnesse , because goodnesse in ordinary speech is for the most part applied onely to that which is beneficiall . but we in the name of goodnesse , do here imploy both . and of discerning goodnes there are but these two wayes ; the one the knowledge of the causes whereby it is made such ; the other the obseruation of those signes and tokens , which being annexed alwaies vnto goodnes , argue that where they are found , there also goodnes is , although we know not the cause by force whereof it is there . the former of these is the most sure & infallible way , but so hard that all shunne it , and had rather walke as men do in the darke by hap hazard , then tread so long and intricate mazes for knowledge sake . as therefore physitians are many times forced to leaue such methods of curing as themselues know to be the fittest , and being ouerruled by their patients impatiency are fame to try the best they can , in taking that way of cure , which the cured will yeeld vnto : in like sort , cōsidering how the case doth stād with this present age full of tongue & weake of braine , behold we yeeld to the streame thereof ; into the causes of goodnes we will not make any curious or deepe inquiry ; to touch them now & then it shal be sufficient , when they are so neere at hand that easily they may be conceiued without any farre remoued discourse : that way we are contented to proue , which being the worse in it selfe , is notwithstanding now by reason of common imbecillity the fitter & likelier to be brookt . signes and tokens to know good by , are of sundry kinds : some more certaine ▪ and some lesse . the most certaine token of euident goodnesse is , if the generall perswasion of all men do so account it . and therefore a common receiued error is neuer vtterly ouerthrowne , till such time as we go from signes vnto causes , and shew some manifest root or fountaine thereof common vnto all , whereby it may clearly appeare how it hath come to passe that so many haue bene ouerseene . in which case surmises and sleight probabilities will not serue ; because the vniuersall consent of men is the perfectest and strongest in this kind which comprehendeth onely the signes and tokens of goodnesse . things casuall do varie , and that which a man doth but chaunce to thinke well of , cannot still haue the like hap . wherefore although we know not the cause , yet thus much we may know , that some necessary cause there is , whensoeuer the iudgements of all men generally or for the most part run one & the same way , especially in matters of naturall discourse . for of things necessarily & naturally done there is no more affirmed but this , a they keepe either alwaies or for the most part one tenure . the generall and perpetuall voyce of men is as the sentence of god himselfe . b for that which all men haue at all times learned , nature her selfe must needes haue taught ; and god being the author of nature , her voyce is but his instrument . by her from him we receiue whatsoeuer in such sort we learne . infinite duties there are , the goodnes wherof is by this rule sufficiently manifested , although we had no other warrant besides to approue them . the apostle s. paul hauing speech cōcerning the heathen saith of thē , c they are a law vnto thēselues ▪ his meaning is , that by force of the light of reasō , wherewith god illuminateth euery one which cometh into the world , mē being inabled to know truth from falshood , and good from euill , do thereby learne in many things what the will of god is ; which will himselfe not reuealing by any extraordinary meanes vnto them , but they by naturall discourse attaining the knowledge thereof , seeme the makers of those lawes which indeed are his , and they but onely the finders of them out . a law therefore generally taken , is a directiue rule vnto goodnesse of operation . the rule of diuine operations outward , is the definitiue appointmēt of gods owne wisedome set downe within himselfe . the rule of naturall agents that worke by simple necessity , is the determination of the wisedome of god ▪ known to god himselfe the principall director of them , but not vnto them that are directed to execute the same . the rule of naturall agents which worke after a sort of their owne accord , as the beasts do , is the iudgement of common sense or phancy concerning the sensible goodnes of those obiects wherwith they are moued . the rule of ghostly or immateriall natures , as spirits & angels , is their intuitiue intellectual iudgement concerning the amiable beauty & high goodnes of that obiect , which with vnspeakeable ioy and delight doth set them on worke . the rule of voluntary agents on earth , is the sentence that reason giueth cōcerning the goodnes of those things which they are to do . and the sentences which reason giueth , are some more , some lesse general , before it come to define in particular actiōs what is good . the maine principles of reason are in thēselues apparent . for to make nothing euidēt of it selfe vnto mās vnderstāding , were to take away al possibility of knowing any thing . and herein that of theophras●us is true , they that seeke a reason of all things do vtterly ouerthrow reason . in euery kind of knowledge some such grounds there are , as that being proposed , the mind doth presently embrace them as free from all possibilitie of error , cleare and manifest without proofe . in which kind , axiomes or principles more generall are such as this , that the greater good is to be chosen before the lesse . if therefore it should be demanded , what reason there is why the will of man , which doth necessarily shun harme and couet whatsoeuer is pleasant and sweete , should be commanded to count the pleasures of sinne gall , & notwithstanding the bitter accidents wherwith vertuous actions are compast , yet stil to reioyce and delight in them ; surely this could neuer stand with reason : but that wisedome thus prescribing , groundeth her lawes vpon an infallible rule of comparison , which is , that small difficulties , when exceeding great good is sure to ensue ; and on the other side momentanie benefites , when the hurt which they drawe after them is vnspeakeable , are not at all to be respected . this rule is the ground whereupon the wisedom of the apostle buildeth a law , inioyning patience vnto himselfe ; the present lightnes of our affliction worketh vnto vs euen with aboundance vpon aboundance an eternall waight of glory , while we looke not on the things which are seene , but on the things which are not seene . for the things which are seene are temporal , but the things which are not seene eternall . therefore christianity to be embraced , whatsoeuer calamities in those times it was accompanied withall . vpon the same ground our sauiour proueth the law most reasonable , that doth forbid those crimes which mē for gaines sake fall into . for a man to win the world , if it be with the losse of his soule , what benefit or good is it ? axiomes lesse generall , yet so manifest that they need no further proofe , are such as these , god to be worshipped , parents to be honored , others to be vsed by vs as we our selues would by them . such things , as soone as they are alleaged , all men acknowledge to be good ; they require no proofe or further discourse to be assured of their goodnes . notwithstanding whatsoeuer such principle there is , it was at the first found out by discourse , & drawne from out of the very bowels of heauen and earth . for we are to note , that things in the world are to vs discernable , not onely so farre forth as serueth for our vitall preseruation , but further also in a twofold higher respect . for first if all other vses were vtterly taken away ; yet the mind of man being by nature speculatiue and delighted with cōtemplation in it selfe , they were to be known euen for meere knowledge and vnderstandings sake . yea further besides this , the knowledge of euery the least thing in the whole world , hath in it a secōd peculiar benefit vnto vs , in as much as it serueth to minister rules , canons , and lawes for men to direct those actions by , which we properly terme humane . this did the very heathens themselues obscurely insinuate , by making themis which we call ius or right to be the daughter of heauen and earth . wee knowe things either as they are in themselues , or as they are in mutuall relation one to another . the knowledge of that which man is in reference vnto himselfe , and other things in relation vnto man , i may iustly terme the mother of al those principles , which are as it were edicts , statutes , and decrees in that law of nature , wherby humaine actions are framed . first therefore hauing obserued that the best things , where they are not hindered , do still produce the best operations ; ( for which cause where many things are to concurre vnto one effect , the best is in all congruity of reason to guide the residue , that it preuailing most , the worke principally done by it may haue greatest perfection : ) when hereupon we come to obserue in our selues , of what excellencie our soules are in comparison of our bodies , and the diuiner part in relation vnto the baser of our soules ; seeing that all these concurre in producing humaine actions , it cannot be well vnlesse the chiefest do commaund and direct the rest . the soule then ought to conduct the bodie , and the spirit of our mindes the soule . this is therefore the first lawe , whereby the highest power of the minde requireth generall obedience at the hands of all the rest concurring with it vnto action . touching the seuerall graund mandates , which being imposed by the vnderstanding facultie of the minde , must be obeyed by the will of man , they are by the same method found out , whether they import our dutie towardes god or towards man. touching the one , i may not here stand to open , by what degrees of discourse the mindes euen of meere naturall men , haue attained to knowe , not onely that there is a god , but also what power , force , wisedome , and other properties that god hath , and how all thinges depend on him . this being therefore presupposed , from that knowne relation which god hath vnto vs a as vnto children , and vnto all good thinges as vnto effectes , whereof himselfe is the b principall cause , these axiomes and lawes naturall concerning our dutie haue arisen ; c that in all things we go about , his ayde is by prayer to be craued ; d that he cannot haue sufficient honor done vnto him , but the vttermost of that we can do to honour him we must ; which is in effect the same that we read , e thou shalt loue the lord thy god with all thy heart , with all thy soule , and with all thy mind . which law our sauiour doth terme the f first and the great commaundement . touching the next , which as our sauiour addeth , is like vnto this ( he meaneth in amplitude and largenesse ▪ in as much as it is the roote out of which all laws of dutie to men-ward haue growne , as out of the former all offices of religion towards god ) the like naturall inducement hath brought men to know , that it is their duty no lesse to loue others then themselues . for seeing those things which are equall , must needes all haue one measure : if i cannot but wish to receiue al good , euen as much at euery mans hand as any man can wish vnto his owne soule ; how should i looke to haue any part of my desire herein satisfied , vnlesse my self be careful to satisfie the like desire , which is vndoubtedly in other men , we all being of one and the same nature ? to haue any thing offered them repugnant to this desire , must needs in all respects grieue them as much as me : so that if i do harme , i must looke to suffer ; there being no reason that others should shew greater measure of loue to me , then they haue by me shewed vnto them . my desire therefore to be loued of my equals in nature as much as possible may be , imposeth vpon me a naturall dutie of bearing to them-ward fully the like affection . from which relation of equalitie betweene our selues and them that are as our selues , what seuerall rules and canons naturall reason hath drawne for direction of life , no man is ignorant ; as namely , g that because we would take no harme , we must therefore do none ; that sith we would not be in any thing extreamely dealt with , we must our selues auoide all extremitie in our dealings ; that from all violence and wrong wee are vtterly to abstaine , with such like ; which further to wade in would bee tedious , and to our present purpose not altogether so necessary , seeing that on these two generall heads alreadie mentioned all other specialties are dependent . wherefore the naturall measure wherby to iudge our doings , is the sentence of reason , determining and setting downe what is good to be done . which sentence is either mandatory , shewing what must be done ; or else permissiue , declaring onely what may be done ; or thirdly admonitorie , opening what is the most conuenient for vs to doe . the first taketh place , where the comparison doth stand altogether betweene doing and not doing of one thing which in it selfe is absolutely good or euill ; as it had bene for ioseph to yeeld or not to yeeld to the impotent desire of his lewd mistresse , the one euill , the other good simply . the second is , when of diuerse things euill , all being not euitable , we are permitted to take one ; which one sauing only in case of so great vrgency were not otherwise to be taken ; as in the matter of diuorce amongst the iewes . the last , when of diuers things good , one is principall and most eminent ; as in their act who sould their possessions and layd the price at the apostles feete , which possessions they might haue retained vnto themselues without sinne ; againe in the apostle s. paules owne choyce to maintaine himselfe by his owne labour , whereas in liuing by the churches maintenance , as others did , there had bene no offence committed . in goodnes therefore there is a latitude or extent , whereby it commeth to passe that euen of good actions some are better then other some ; whereas otherwise one man could not excell another , but all should be either absolutely good , as hitting iumpe that indiuisible point or center wherein goodnesse consisteth ; or else missing it they should be excluded out of the number of wel-doers . degrees of wel doing there could be none , except perhaps in the seldomnes & oftennes of doing well . but the nature of goodnesse being thus ample , a lawe is properly that which reason in such sort defineth to be good that it must be done . and the law of reason or humaine nature is that , which men by discourse of naturall reason haue rightly found out themselues to be all for euer bound vnto in their actions . lawes of reason haue these markes to be knowne by . such as keepe them , resemble most liuely in their voluntarie actions , that very manner of working which nature her selfe doth necessarily obserue in the course of the whole world . the workes of nature are all behoouefull , beautifull , without superfluitie or defect : euen so theirs , if they be framed according to that which the law of reason teacheth . secondly those lawes are inuestigable by reason , without the helpe of reuelation supernaturall and diuine . finally in such sort they are inuestigable , that the knowledge of them is generall , the world hath alwayes bene acquainted with them ; according to that which one in sophocles obserueth corcerning a branch of this law , it is no child of two dayes or yeasterdayes birth , but hath bene no man knoweth how long sithence . it is not agreed vpon by one , or two , or few , but by all : which we may not so vnderstand , as if euery particular man in the whole world did know and confesse whatsoeuer the law of reason doth conteine ; but this lawe is such that being proposed no man can reiect it as vnreasonable and vniust . againe there is nothing in it , but any man ( hauing naturall perfection of wit , and ripenesse of iudgement ) may by labour and trauaile find out . and to conclude , the generall principles thereof are such , as it is not easie to find men ignorant of them . law rationall therefore , which men commonly vse to call the law of nature , meaning thereby the law which humaine nature knoweth it selfe in reason vniuersally bound vnto , which also for that cause may be termed most fitly the lawe of reason ▪ this law , i say , comprehendeth all those things which men by the light of their naturall vnderstanding euidently know , or at least wife may know , to be beseeming or vnbeseeming , vertuous or vitious ; good or euill for them to do . now although it be true , which some haue said , that whatsoeuer is done amisse , the law of nature and reason therby is transgrest ; because euen those offences which are by their speciall qualities breaches of supernaturall lawes , do also , for that they are generally euill violate in generall that principle of reason , which willeth vniuersally to flie from euill : yet do we not therfore so far extend the law of reason , as to conteine in it all maner lawes whereunto reasonable creatures are bound ; but ( as hath bene shewed ) we restraine it to those onely duties , which all men by force of naturall wit either do or might vnderstand to be such duties as concerne all men . certaine half waking men there are , ( as saint augustine noteth ) who neither altogether asleepe in folly , nor yet throughly awake in the light of true vnderstanding , haue thought that there is not at all any thing iust and righteous in it selfe : but looke wherwith nations are inured , the same they take to be right and iust . wherupon their conclusion is , that seeing each sort of people hath a different kind of right from other , and that which is right of it owne nature must be euery where one and the same , therefore in it selfe there is nothing right . these good folke ( saith he , that i may not trouble their wits with rehearsal of too many things ) haue not looked so far into the world as to perceiue , that do as thou wouldest be done vnto , is a sentence which all nations vnder heauen are agreed vpon . refer this sentence to the loue of god , & it extinguisheth all heinous crimes ▪ referre it to the loue of thy neighbor , and all grieuous wrongs it banisheth out of the world . wherefore as touching the law of reason , this was ( it seemeth ) saint augustines iudgement , namely , that there are in it some things which stand as principles vniuersally agreed vpon : and that out of those principles , which are in themselues euident , the greatest morall duties we owe towards god or man , may without any great difficultie be concluded . if then it be here demaunded , by what meanes it should come to passe ( the greatest part of the law morall being so easie for all men to know ) that so many thousands of men notwithstanding haue bene ignorant euen of principall morall duties , not imagining the breach of them to be sinne : i deny not but lewd and wicked custome ; beginning perhaps at the first amongst few , afterwards spreading into greater multitudes , and so continuing from time to time , may be of force euen in plaine things to smother the light of naturall vnderstanding , because men will not bend their wits to examine , whether things wherewith they haue bene accustomed , be good or euill . for examples sake , that grosser kind of heathenish idolatrie , wherby they worshipped the very workes of their owne hands , was an absurdity to reason so palpable , that the prophet dauid comparing idols and idolaters together , maketh almost no ods betweene them , but the one in a maner as much without wit and sense as the other , they that make them are like vnto them , and so are all that trust in them . that wherein an idolater doth seeme so absurb and foolish , is by the wiseman thus exprest , he is not ashamed to speake vnto that which hath no life , he calleth on him that is weake for health , he prayeth for life vnto him which is dead , of him which hath no experience he requireth helpe , for his iourney be s●●th to him which is not able to go , for gaine and worke and successe in his affaires he seeketh furtherance of him that hath no maner of power . the cause of which senselesse stupidity is afterwards imputed to custome . when a father mourned grieuosly for his son that was taken away suddenly , he made an image for him that was once dead , whom now he worshipped as a god , ordeining to his seruants ceremonies & sacrifices . thus by processe of time this wicked custome preuailed , & was kept as a law ; the authority of rulers , the ambition of craftsmen , and such like meanes thrusting forward the ignorant , and increasing their superstition . vnto this which the wiseman hath spoken , somwhat besides may be added . for whatsoeuer we haue hitherto taught , or shal hereafter , cōcerning the force of mans naturall vnderstanding , this we alwayes desire withall to be vnderstood , that there is no kind of faculty or power in man or any other creature , which can rightly performe the functions alotted to it , without perpetuall aide & concurrence of that supreme cause of all things . the benefit whereof as oft as we cause god in his iustice to withdraw , there can no other thing follow ▪ then that which the apostle noteth , euen men indued with the light of reason to walke notwithstanding in the vanity of their mind , hauing their cogitations darkned & being strangers from the life of god through the ignorance which is in them , because of the hardnes of their harts . and this cause is mētioned by the prophet esay ▪ speaking of the ignorance idolaters , who see not how the manifest reason condemneth their grosse iniquity and sinne . they haue not in them , saith he ▪ so much wit as to thinke , shall i bow to the stocke of a tree ? all knowledge and vnderstanding is taken from them . for god hath shut their eyes that they cannot see . that which we say in this case of idolatry , serueth for all other things , wherein the like kind of generall blindnes hath preuailed against the manifest lawes of reason . within the compasse of which lawes we do not onely comprehend whatsoeuer may be easily knowne to belong to the duty of all men ; but euen whatsoeuer may possibly be known to be of that quality , so that the same be by necessary consequence deduced out of cleere and manifest principles . for if once we descend vnto probable collections what is conuenient for men , we are then in the territory where free and arbitrarie determinations , the territory where humane lawes take place , which lawes are after to be considered . now the due obseruation of this law which reason teacheth vs , cannot but be effectuall vnto their great good that obserue the same . for we see the whole world and each part thereof so compacted , that as long as each thing performeth onely that worke which is naturall vnto it , it thereby preserueth both other things , and also it selfe . contrariwise let any principall thing , as the sun , the moone , any one of the heauēs or elemēts , but once cease or faile , or swarue ; and who doth not easily conceiue , that the sequele thereof would be ruine both to it selfe , & whatsoeuer dependeth on it ? and is it possible that man , being not only the noblest creature in the world , but euen a very world in himselfe , his transgressing the law of his nature should draw no maner of harme after it ? yes , tribulation and anguish vnto euerie soule that doth euill . good doth followe vnto all things by obseruing the course of their nature , and on the contrarie side euill by not obseruing it : but not vnto naturall agents that good which wee call reward , not that euill which wee properly tearme punishment . the reason whereof is , because amongst creatures in this world , onely mans obseruation of the lawe of his nature is righteousnesse , onely mans transgression sinne. and the reason of this is the difference in his maner of obseruing or transgressing the lawe of his nature . hee doth not otherwise then voluntarily the one or the other . what we do against our wils , or constrainedly , we are not properly said to do it , because the mo●iue cause of doing it is not in our selues but carrieth vs , as if the winde should driue a feather in the aire , wee no whit furthering that whereby we are driuen . in such cases therefore the euill which is done , moueth compassion ; men are pi●●ied for it , as being rather miserable in such respect thei● culpable . some things are likewise done by man , though not through outward force and impulsion , though not against , yet without their wils ; as in alienation of minde , or any the like ineuitable vtter absence of wit and iudgement . for which cause , no man did euer thinke the hurtfull actions of furious men and innocents to be punishable . againe some things wee doe neither against nor without , and yet not simply and meerely with our wils ; but with our wils in such sor● moued , that albeit there b● no impossibilitie but that wee might , neuerthelesse we are not so easily able to doe otherwise . in this consideration one euill deede is made more pardonable then an other . finally , that which we do being euill , is notwithstanding by so much more pa●donable , by how much the exigence of so doing , or the difficultie of doing otherwise is greater ; vnlesse this necessitie or difficultie haue originally risen from our selues . it is no excuse therefore vnto him , who being drunke committeth incest , and alleageth that his wits were not his owne , in as much as himselfe might haue chosen whether his wits should by that meane haue been taken from him . now rewards and punishments do alwaies presuppose some thing willingly done well or ill ▪ without which respect though we may sometimes receiue good or harme , yet then the one is only a benefite , and not a reward ; the other simply an hurt , not a punishment . from the sundry dispositions of mans will , which is the roote of all his actions , there groweth varietie in the sequeie of rewards and punishments , which are by these and the like rules measured : take away the will , and all actes are equall : that which we doe not and would doe , is commonly accepted as done . by these and the like rules mens actions are determined of and iudged , whether they bee in their owne nature rewardable or punishable . rewards and punishments are not receiued , but at the handes of such as being aboue vs , haue power to examine and iudge our deedes . how men come to haue this authoritie one ouer an other in externall actions , wee shall more diligently examine in that which followeth . but for this present , so much all do acknowledge , that sith euery mans hart and conscience doth in good or euill , euen secretly committed and knowne to none but it selfe , either like or disallow it selfe , and accordingly eyther reioyce , very nature exulting as it were in certain hope of reward , or else grieue as it were in a sense of future punishment ; neither of which can in this case bee looked for from any other , sauing only from him , who discerneth and iudgeth the very secrets of all hearts : therefore he is the onely rewarder and reuenger of all such actions , although not of such actions onely , but of all whereby the lawe of nature is broken , whereof himselfe is author . for which cause● ▪ the romane lawes called the lawes of the twelue tables , requiring offices of inward affection , which the eye of man cannot reach vnto , threaten the neglecters of them with none but diuine punishment . that which hitherto wee haue set downe , is ( i hope ) sufficient to shew their brutishnes , which imagine that religion and vertue are only as men wil accompt of them ; that we might make as much accompt , if we would , of the contrarie , without any harme vnto our selues , and that in nature they are as indifferent one as the other . wee see then how nature it selfe teacheth lawes and statutes to liue by . the lawes which haue bene hitherto mentioned , doe bind men absolutely , euen as they are mē , although they haue neuer any setled fellowship , neuer any solemne agreemēt amongst themselues what to doe or not to do . but for as much as we are not by our selues sufficient , to furnish our selues with competent store of thinges needfull for such a life as our nature doth desire , a life fit for the dignitie of man : therefore to supply those defectes and imperfections which are in vs liuing single and solely by our selues , wee are naturally induced to seeke communion and fellowship with others . this was the cause of mens vniting themselues at the first in politique societies ; which societies could not bee without gouernment , nor gouernment without a distinct kind of law from that which hath bene alreadie declared . two foundations there are which beare vp publique societies ; the one , a naturall inclination , wherby al men desire sociable life & fellowship ; the other , an order expresly or secretly agreed vpon , touching the manner of their vnion in liuing together . the later is that which wee call the law of a common weale , the very soule of a politique body , the parts whereof are by law animated , held together , and set on worke in such actions as the common good requireth . lawes politique , ordained for externall order and regiment amongst men , are neuer framed as they should be , vnlesse presuming the will of man to be inwardly obstinate , rebellious , and auerse from all obediēce vnto the sacred lawes of his nature● in a word , vnlesse presuming man to be in regard of his depraued minde little better then a wild beast , they do accordingly prouide notwithstanding so to frame his outward actions , that they bee no hinderance vnto the common good for which societies are instituted : vnlesse they doe this , they are not perfect . it resteth therefore that we consider how nature findeth out such lawes of gouernmēt , as serue to direct euen nature depraued to a right end . all men desire to lead in this world an happie life . that life is led most happily , wherein all vertue is exercised without impedimēt or let . the apostle in exhorting men to contentment , although they haue in this world no more then very bare food and raiment , giueth vs thereby to vnderstand , that those are euen the lowest of thinges necessary , that if we should be stripped of al those things without which we might possibly be , yet these must be left ; that destitution in these is such an impedimēt , as till it be remoued , suffereth not the mind of man to admit any other care . for this cause first god assigned adam maintenance of life and then appointed him a law to obserue . for this cause after mē began to grow to a number , the first thing we reade they gaue thēselues vnto , was the tilling of the earth , and the feeding of cattle . hauing by this meane whereon to liue , the principall actions of their life afterward are noted by the exercise of their religion . true it is that the kingdome of god must be the first thing in our purposes & desires . but in as much as righteous life presupposeth life , in as much as to liue vertuously it is impossible except we liue ; therefore the first impediment , which naturally we endeuor to remoue , is penurie and want of thinges without which we cannot liue . vnto life many implements are necessary ; moe , if we seeke ( as all men naturally doe ) such a life as hath in it ioy , comfort , delight and pleasure . to this end we see how quickly sundry artes mechanical were found out in the very prime of the world . as things of greatest necessitie are alwaies first prouided for , so things of greatest dignitie are most accounted of by all such as iudge rightly . although therefore riches be a thing which euery man wisheth ; yet no man of iudgement can esteeme it better to be rich , then wise , vertuous & religious . if we be both or either of these , it is not because we are so borne . for into the world we come as emptie of the one as of the other , as naked in minde as we are in body . both which necessities of man had at the first no other helpes and supplies , then only domesticall ; such as that which the prophet implieth , saying , can a mother forget her child ? such as that which the apostle mentioneth , saying ▪ he that careth not for his owne is worse then an infidell ; such as that concerning abraham , abraham will commaund his sonnes and his household after him that they keepe the way of the lord. but neither that which we learne of our selues , nor that which others teach vs can preuaile , where wickednes and malice haue takē deepe roote . if therefore when there was but as yet one only family in the world , no meanes of instruction humane or diuine could preuent effusion of bloud : how could it be chosen but that when families were multiplied and increased vpon earth , after seperation each prouiding for it selfe , enuy , strife , cōtention & violence must grow amongst thē ? for hath not nature furnisht man with wit & valor , as it were with armor , which may be vsed as well vnto extreame euill as good ? yea , were they not vsed by the rest of the world vnto euill ; vnto the contrary only by seth , enoch , and those few the rest in that line ? we all make complaint of the iniquitie of our times : not vniustly ; for the dayes are euill . but compare them with those times , wherein there were no ciuil societies , with those times wherein there was as yet no maner of publique regimēt established , with those times wherin there were not aboue . persons righteous liuing vpon the face of the earth : and wee haue surely good cause to thinke that god hath blessed vs exceedingly , and hath made vs behold most happie daies . to take away all such mutuall greeuances , iniuries & wrongs , there was no way but only by growing vnto compositiō and agreement amongst thēselues , by ordaining some kind of gouernment publike , and by yeelding themselues subiect thereunto ; that vnto whom they graunted authoritie to rule & gouerne , by them the peace , tranquilitie , & happy estate of the rest might be procured . men alwaies knew that when force and iniurie was offered , they might be defendors of themselues ; they knew that howsoeuer men may seeke their owne cōmoditie , yet if this were done with iniury vnto others , it was not to be suffered , but by all men and by all good means to be withstood , finally they knew that no man might in reason take vpon him to determine his owne right , and according to his owne determination proceed in maintenance therof , in as much as euery man is towards himselfe , and them whom he greatly affecteth partiall ; and therfore that strifes & troubles would bee endlesse , except they gaue their common consent all to be ordered by some whom they should agree vpon : without which consent , there were no reason that one man should take vpon him to be lord or iudge ouer an other ; because although there be according to the opinion of some very great and iudicious men , a kind of naturall right in the noble , wise , and vertuous , to gouerne them which are of seruile disposition ; neuerthelesse for manifestation of this their right , & mens more peaceable contentment on both sides , the assent of them who are to be gouerned , seemeth necessarie . to fathers within their priuate families nature hath giuen a supreme power ; for which cause we see throughout the world euen from the first foundation therof , all men haue euer bene taken as lords & lawfull kings in their own houses . howbeit ouer a whole grand multitude , hauing no such dependēcie vpon any one , & consisting of so many families as euery politique societie in the world doth , impossible it is that any should haue complet lawful power but by consent of men , or immediate appointment of god ; because not hauing the naturall superioritie of fathers , their power must needs be either vsurped , & then vnlawfull ; or if lawfull , then either graunted or consented vnto by them ouer whom they exercise the same , or else giuen extraordinarily frō god , vnto whom all the world is subiect . it is no improbable opinion therefore which the arch-philosopher was of , that as the chiefest person in euery houshold was alwaies as it were a king ; so when numbers of housholds ioyned themselues in ciuill societie together , kings were the first kind of gouernors amongst them . which is also as it seemeth the reason , why the name of father continued still in them , who of fathers were made rulers : as also the ancient custome of gouernors to do as melchisedec , and being kings to exercise the office of priests , which fathers did at the first , grew perhaps by the same occasion . howbeit not this the only kind of regiment that hath bene receiued in the world . the inconueniences of one kinde haue caused sundry other to be deuised . so that in a word all publike regimēt of what kind soeuer , seemeth euidently to haue risen from deliberate aduice , consultation , & compositiō betweene men , iudging it cōuenient & behoueful ; there being no impossibilitie in nature considered by it self , but that men might haue liued without any publike regiment . howbeit the corruption of our nature being presupposed , we may not deny but that the lawe of nature doth now require of necessitie some kinde of regiment ; so that to bring things vnto the first course they were in , & vtterly to take away all kind of publike gouernmēt in the world , were apparantly to ouerturn the whole world . the case of mans nature standing therfore as it doth , some kind of regiment the law of nature doth require ; yet the kinds therof being many , nature tieth not to any one , but leaueth the choice as a thing arbitrarie . at the first when some certaine kinde of regiment was once approued , it may be that nothing was then further thought vpon for the maner of gouerning , but all permitted vnto their wisedome and discretion which were to rule ; a till by experience they found this for all parts very inconuenient ; so as the thing which they had deuised for a remedie , did indeede but increase the soare which it should haue cured . they saw that to liue by one mans will , became the cause of all mens misery . this constrained them to come vnto lawes , wherein all men might see their duties before hand , and know the penalties of transgressing them . b if things be simply good or euill , and withall vniuersally so acknowledged , there needs no new law to be made for such things . the first kind therefore of things appointed by lawes humane , containeth whatsoeuer being in it selfe naturally good or euill , is notwithstanding more secret then that it can be discerned by euery mans present conceipt , without some deeper discourse and iudgement . in which discourse , because there is difficultie and possibilitie many waies to erre , vnlesse such things were set downe by lawes , many would be ignorant of their duties which now are not ; & many that know what they should do , would neuerthelesse dissemble it , and to excuse themselues pretend ignorance and simplicitie which now they cannot . and because the greatest part of men are such as prefer their owne priuate good before all things , euen that good which is sensuall before whatsoeuer is most diuine ; & for that the labor of doing good , together with the pleasure arising from the cōtrary , doth make men for the most part slower to the one , & proner to the other , then that dutie prescribed them by law can preuaile sufficiently with them : therefore vnto lawes that men do make for the benefit of mē , it hath seemed alwaies needful to ad rewards which may more allure vnto good then any hardnes deterreth from it , & punishments which may more deterre from euil then any sweetnes therto allureth . wherin as the generalitie is naturall , vertue rewardable and vice punishable : so the particular determination of the rewarde or punishment , belongeth vnto them by whom lawes are made . theft is naturally punishable , but the kinde of punishment is positiue , and such lawfull as men shall thinke with discretion conuenient by lawe to appoint . in lawes that which is naturall bindeth vniuersally , that which is positiue not so . to let goe those kind of positiue lawes which men impose vpon thēselues , as by vow vnto god , contract with men , or such like ; somewhat it will make vnto our purpose a little more fully to cōsider , what things are incident into the making of the positiue lawes for the gouernment of thē that liue vnited in publique societie . lawes do not onely teach what is good , but they inioyne it , they haue in thē a certain cōstraining force . and to cōstraine mē vnto any thing inconuenient doth seeme vnreasonable . most requisite therefore it is , that to deuise lawes which all men shal be forced to obey , none but wise mē be admitted . lawes are matters of principall consequence ; men of cōmon capacitie & but ordinary iudgemēt are not able ( for how should they ? ) to discerne what things are fittest for each kind and state of regiment . wee cannot be ignorant how much our obedience vnto lawes dependeth vpon this point . let a man though neuer so iustly , oppose himselfe vnto thē that are disordered in their waies , & what one amongst them commonly doth not stomacke at such contradiction , storme at reproofe , and hate such as would reforme them ? notwithstanding euen they which brooke it worst that men should tell them of their duties , when they are told the same by a lawe , thinke very wel & reasonably of it . for why ? they presume that the lawe doth speake with all indifferencie , that the lawe hath no side respect to their persons , that the law is as it were an oracle proceeded from wisedome and vnderstanding . howbeit laws do not take their constraining force frō the qualitie of such as deuise them , but from that power which doth giue them the strength of lawes . that which we spake before concerning the power of gouernment , must here be applyed vnto the power of making lawes wherby to gouerne ; which power god hath ouer all ; and by the naturall lawe whereunto hee hath made all subiect , the lawfull power of making lawes to commaund whole politique societies of men , belongeth so properly vnto the same intire societies , that for any prince or potentate of what kinde soeuer vpon earth to exercise the same of himselfe , and not either by expresse commission immediatly and personally receiued from god , or else by authoritie deriued at the first frō their consent vpon whose persons they impose lawes , it is no better then meere tyrannie . lawes they are not therefore which publique approbation hath not made so . but approbation not only they giue who personally declare their assent by voice sign or act , but also whē others do it in their names by right originally at the least deriued from them . as in parliaments , councels , & the like assemblies , although we be not personally our selues present , notwithstanding our assent is by reasō of others agents there in our behalfe . and what we do by others , no reason but that it should stand as our deede , no lesse effectually to binde vs then if our selues had done it in person . in many things assent is giuen , they that giue it not imagining they do so , because the manner of their assenting is not apparent . as for example , when an absolute monark commandeth his subiects that which seemeth good in his owne discretion , hath not his edict the force of a law , whether they approue or dislike it ? againe that which hath bene receiued long sithence and is by custome now established , we keep as a law which we may not transgresse ; yet what consent was euer thereunto sought or required at our hands ? of this point therefore we are to note , that sith men naturally haue no ful & perfect power to commaund whole politique mul●itudes of men ; therefore vtterly without our consent we could in such sort be at no mans commandement liuing . and to be commanded we do consent , when that societie wherof we are part , hath at any time before consented , without reuoking the same after by the like vniuersall agreement . wherfore as any mans deed past is good as long as himself continueth : so the act of a publique societie of men done fiue hundred yeares sithence , standeth as theirs , who presently are of the same societies , because corporations are immortall : we were then aliue in our predecessors , and they in their successors do liue stil. lawes therefore humaine of what kinde soeuer are auaileable by consent . if here it be demaunded how it commeth to passe , that this being common vnto all lawes which are made , there should be found euen in good lawes so great varietie as there is : wee must note the reason hereof to bee , the sundry particular endes , whereunto the different disposition of that subiect or matter for which lawes are prouided , causeth them to haue especiall respect in making lawes . a lawe there is mentioned amongst the graecians , whereof pittacus is reported to haue bene author : and by that lawe it was agreed , that hee which being ouercome with drinke did then strike any man , should suffer punishment double as much as if hee had done the same being sober . no man coulde euer haue thought this reasonable , that had intended thereby onely to punish the iniury committed , according to the grauitie of the fact . for who knoweth not , that harme aduisedly done is naturally lesse pardonable , and therefore worthy of the sharper punishment ? but for as much as none did so vsually this way offende as men in that case , which they wittingly fell into , euen because they would bee so much the more freely outragious : it was for their publique good where such disorder was growne , to frame a positiue lawe for remedie thereof accordingly . to this appertaine those knowne lawes of making lawes ; as that lawemakers must haue an eye to the place where , and to the men amongst whome ; that one kinde of lawes cannot serue for all kindes of regiment : that where the multitude beareth sway , lawes that shall tend vnto the preseruation of that state , must make common smaller offices to go by lot , for feare of strife and deuision likely to arise ; by reason that ordinary qualities sufficing for discharge of such offices , they could not but by many bee desired , and so with daunger contended for , and not missed without grudge and discontentment , whereas at an vncertaine lot none can find themselues grieued on whomsoeuer it lighteth ; contrariwise the greatest ; whereof but few are capable , to passe by popular election , that neither the people may enuie such as haue those honours , in as much as themselues bestow them , and that the chiefest may bee kindled with desire to exercise all partes of rare and beneficiall vertue ; knowing they shal not loose their labour by growing in same and estimation amongst the people : if the helme of chiefe gouernment bee in the handes of a few of the wealthiest , that then lawes prouiding for continuance thereof must make the punishment of contumelie and wrong offered vnto any of the common sorte sharpe and grieuous , that so the euill may be preuented , whereby the rich are most likely to bring themselues into hatred with the people , who are not wonte to take so great offence when they are excluded from honors and offices , as whē their persons are contumeliously troden vpon . in other kindes of regiment the like is obserued concerning the difference of positiue lawes , which to be euerie where the same is impossible and against their nature . now as the learned in the lawes of this land obserue , that our statutes sometimes are onely the affirmation or ratification of that which by common law was held before : so heere it is not to be omitted , that generally all lawes humaine which are made for the ordering of politike societies , bee either such as establish some dutie whereunto all men by the law of reason did before stand bound ; or else such as make that a dutie now which before was none . the one sort wee may for distinctions sake call mixedly , and the other meerely humane . that which plaine or necessary reason bindeth men vnto , may be in sundrie considerations expedient to be ratified by humane law : for example , if confusion of blood in marriage , the libertie of hauing many wiues at once , or any other the like corrupt and vnreasonable custome doth happen to haue preuailed far , and to haue gotten the vpper hand of right reason with the greatest part , so that no way is left to rectifie such soule disorder , without prescribing by law the same thinges which reason necessarilie doth enforce , but is not perceiued that so it doth ; or if many be grown vnto that which thapostle did lament in some , concerning whom he writeth saying , that euen what things they naturally know , in those very things as beasts void of reason they corrupted themselues ; or if there be no such speciall accident , yet for as much as the common sort are led by the sway of their sensuall desires , and therefore doe more shun sinne for the sensible euils which follow it amongst men , then for any kinde of sentence which reason doth pronounce against it ▪ this very thing is cause sufficient why duties belonging vnto each kinde of vertue , albeit the law of reason teach them , should notwithstanding be prescribed euen by humane law . which law in this case we terme mixt , because the mat●er whereunto it bindeth , is the same which reason necessarily doth require at our handes , and from the law of reason it differeth in the maner of binding onely . for whereas men before stoode bound in conscience to doe as the law of reason teacheth , they are now by vertue of humane law become constrainable , and if they outwardly transgresse , punishable . as for lawes which are meerely humane , the matter of them is any thing which reason doth but probably ●each to bee fit and conuenient ; so that till such time as law hath passed amongst men about it , of it selfe it bindeth no man. one example whereof may be this . landes are by humane law in some places after the owners decease diuided vnto all his children ▪ in some all descendeth to the eldest sonne . if the lawe of reason did necessarily require but the one of these two to be done , they which by lawe haue receiued the other , should be subiect to that heauy sentence , which denounceth against all that decree wicked vniust , & vnreasonable things , woe . whereas now which soeuer be receiued , there is no law of reason transgrest ; because there is probable reason why eyther of them may be expedient , and for eyther of them more then probable reason there is not to bee found . lawes whether mixtly or meerely humane are made by politique societies : some , onely as those societies are ciuilly vnited ; some , as they are spiritually ioyned and make such a body as wee call the church . of lawes humane in this later kinde wee are to speake in the third booke following . let it therefore suffice thus far to haue touched the force wherewith almightie god hath gratiously endued our nature , and thereby inabled the same to finde out both those lawes which all men generally are for euer bound to obserue , and also such as are most fit for their behoofe who leade their liues in any ordered state of gouernment . now besides that lawe which simply concerneth men as men , and that which belongeth vnto them as they are men linked with others in some forme of politique societie ; there is a third kinde of lawe which toucheth all such seuerall bodies politique , so farre forth as one of them hath publique commerce with another . and this third is the lawe of nations . betweene men and beastes there is no possibilitie of sociable communion ; because the w●lspring of that communion is a naturall delight which man hath to transfuse from himselfe into others , and to receiue from others into himselfe , especially those things wherein the excellencie of his kinde doth most consist . the chiefest instrument of humane communion therefore is speech , because thereby we impart mutually one to another the conceiptes of our reasonable vnderstanding . and for that cause seeing beasts are not hereof capable , for as much as with them wee can vse no such conference , they being in degree although aboue other creatures on earth to whom nature hath denied sense , yet lower then to be sociable companions of man to whome nature hath giuen reason ; it is of adam said that amongst the beastes hee found not for himselfe any meete companion . ciuill societie doth more content the nature of man , then any priuate kinde of solitary liuing ; because in societie this good of mutuall participation is so much larger then otherwise . herewith notwithstanding wee are not satisfied , but we couet ( if it might be ) to haue a kinde of societie & fellowship euen withal mākind . which thing socrates intending to signifie , professed himselfe a citizen , not of this or that cōmon-welth , but of the world . and an effect of that very natural desire in vs , ( a manifest●token that we wish after a sort an vniuersall fellowship with all men ) appeareth by the wonderfull delight men haue , some to visit forrein countries , some to discouer natiōs not heard of in former ages , we all to know the affaires & dealings of other people , yea to be in league of amitie with them : & this not onely for traffiques sake , or to the end that when many are cōfederated each may make other the more strong ; but for such cause also as moued the queene of saba to visit salomon ; & in a word because nature doth presume that how many mē there are in the world , so many gods as it were ther are , or at least wise such they should be towardes men . touching lawes which are to serue men in this behalfe ; euen as those lawes of reason , which ( man retaining his original integritie ) had bin sufficient to direct each particular person in all his affaires & duties , are not sufficient but require the accesse of other lawes , now that man and his offspring are growne thus corrupt & sinfull ; againe as those lawes of politie & regiment , which would haue serued men liuing in publique societie together with that harmlesse disposition which then they should haue had ▪ are not able now to serue when mens iniquitie is so hardly restrained within any tolerable bounds in like maner the nationall lawes of mutuall commerce be●weene societies of that former and better qualitie might haue bene other then now , when nations are so prone to offer violence , iniurie and wrong . here upon hath growne in euery of these three kinds , that distinction between primarie & secundarie lawes ; the one grounded vpon sincere , the other built vpon depraued nature . primarie lawes of nations are such as concerne embassage , such as belong to the courteous entertainment of forreiners and strangers , such as serue for commodious traffique and the like . secundary lawes in the same kinde , are such as this present vnquiet world is most familiarly acquainted with , i meane lawes of armes ▪ which yet are much better known then kept . but what matter the law of nations doth containe i omit to search . the strength and vertue of that law is such , that no particular natiō can lawfully preiudic● the same by any their seueral laws & ordinances , more then a man by his priuate resolutions the law of the whole cōmon-welth or state wherin he liueth . for as ciuill law being the act of a whole body politique , doth therfore ouerrule each seuerall part of the same body : so there is no reason that any one commō-welth of it self , should to the preiudice of another annihilate that whereupon the whole world hath agreed . for which cause the lacedemonians forbidding all accesse of strangers into their coasts , are in y● respect both by iosephus & theodoret deseruedly blamed , as being enimies to that hospitality which for cōmon humanities sake al the nations on earth should embrace . now as there is great cause of cōmuniō , & consequently of laws for the maintenance of cōmunion , amongst nations : so amongst nations christian the like in regard euen of christianitie hath bene a●waies iudged needfull . and in this kinde of correspondence amongst natiōs , the force of general councels doth stand : for as one & the same law diuine , wherof in the next place we are to speak , is vnto al christiā churches a rule for the chiefest things , by meanes whereof they al in that respect make one church , as hauing all but one lord , one faith , and one baptisme : so the vrgent necessitie of mutual communion for preseruation of our vnitie in these things , as also for order in some other things cōuenient to be euery where vniformly kept , maketh it requisit that the church of god here on earth haue her lawes of spirituall commerce betweene christian nations , lawes by vertue wherof all churches may enioy freely the vse of those reuerend religious and sacred consultations which are termed councels generall . a thing whereof gods owne blessed spirit was the author ; a thing practised by the holy apostles themselues ; a thing alwaies afterwardes kept and obserued throughout the world ; a thing neuer otherwise then most highly esteemed of , till pride ambition and ●yranny began by factious and vile endeuors , to abuse that diuine inuention vnto the funherance of wicked purposes . but as the iust authoritie of ciuill courtes and parliaments is not therefore to be abolished , because sometime there is cunning vsed to frame them according to the priuate intents of men ouer-potent in the common-welth : so th● grieuous abuse which hath bene of councels , should rather cause men to studie how so gratious a thing may againe be reduced to that first perfection , then in regard of staines and blemishes sithens growing be held for euer in extreame disgrace . to speake of this matter as the cause requireth , would require very long discourse . all i will presently say is this . whether it be for the finding out of any thing whereunto diuine lawe bindeth vs , but yet in such sort , that men are not thereof on all sides resolued ; or for the setting downe of some vniforme iudgement to stand touching such thinges , as being neither way matters of necessitie , are notwithstanding offensiue and scandalous when there is open opposition about them ; be it for the ending of strifes touching matters of christian beliefe , wherein the one part may seeme to haue probable cause of dissenting from the other ; or be it concerning matters of politie , order , and regiment in the church ; i nothing doubt but that christiā men should much better frame themselues to those heauenly precepts , which our lord and sauiour with so great instancie gaue as concerning peace and vnitie , if we did all concurre in desire to haue the vse of auncient councels againe renued , rather then these proceedings continued , which eyther make all contentions endlesse , or bring them to one onely determination , and that of all other the worst , which is by sword . it followeth therefore that a new foundation being laid , wee now adioyne hereunto that which commeth in the next place to be spoken of , namely , wherefore god hath himselfe by scripture made knowne such lawes as serue for direction of men . al things ( god only excepted ) besides the nature which they haue in thēselues , receiue externally some perfection frō other things , as hath bene shewed . in so much as there is in the whole world no one thing great or small , but either in respect of knowledge or of vse it may vnto out perfectiō adde somewhat . and whatsoeuer such perfection there is which our nature may acquire , the same we properly terme our good ; our soueraign good or blessednes , that wherin the highest degree of all our perfectiō consisteth , that which being once attained vnto , there cā rest nothing further to be desired , & therfore with it our soules are fully cōtent & satisfied , in that they haue they reioyce & thirst for no more ▪ wherfore of goo● things desired , some are such that for themselues we couet them not , but only because they serue as instruments vnto that for which we are to seeke , of this sorte are riches : an other kind there is which although we desire for it selfe , as health & vertue & knowledge , neuerthelesse they are not the last marke whereat we aime , but haue their further end whereunto they are referred ; so as in them we are not satisfied as hauing attained the vtmost we may , but our desires doe still proceede . these things are linked and as it were chained one to another , we labour to eate , and we eate to liue , and we liue to do good , & the good which we do is as seede sowne a with reference vnto a future haruest . but we must come at the length to some pause . for if euery thing were to bee desired for some other without any stint , there could be no certaine end proposed vnto our actions , we should go on we know not whether , yea whatsoeuer we do were in vaine , or rather nothing at all were possible to be done . for as to take away the first efficient of our being , were ●o annihilate vtterly our persons ; so we cannot remoue the last finall cause of our working , but we shall cause whatsoeuer we worke to cease . therfore some thing there must be desired for it selfe simply and for no other . that is simply for it selfe desirable , vnto the nature wherof it is opposite & repugnant to be desired with relation vnto any other . the oxe and the asse desire their food , neither propose they vnto themselues any end wherfore ; so that of them this is desired for it selfe ; but why ? by reason of their imperfection which cannot otherwise desire it : whereas that which is desired simply for it selfe , the excellencie thereof is such as permitteth it not in any sort to be referred to a further end . now that which man doth desire with reference to a further end , the same he desireth in such measure as is vnto that end conuenient : but what he coueteth as good in it selfe , towardes that his desire is euer infinite . so that vnlesse the last good of all which is desired altogether for it selfe , be also infinite ; we doe euill in making it our end : euen as they who placed their felicitie in wealth or honour or pleasure or any thing here attained ; because in desiring any thing as our finall perfection which is not so , we do amisse . nothing may be infinitly desired , but that good which in deed is infinite . for the better , the more desirable ; that therefore most desirable , wherin there is infinitie of goodnes ; so that if any thing desirable may be infinit , that must needes be the highest of all things that are desired . no good is infinite but onely god : therefore he our felicitie and blisse . moreouer desire tendeth vnto vnion with that it desireth . if then in him we be blessed , it is by force of participation & coniunction with him . againe , it is not the possession of any good thing can make them happie which haue it , vnlesse they inioy the thing wherewith they are possessed . then are we happie therfore , when fully we enioy god , as an obiect wherein the powers of our soules are satisfied euen with euerlasting delight : so that although we be mē , yet by being vnto god vnited , we liue as it were the life of god. happines therfore is that estate wherby we attaine , so far as possibly may be attained , the ful possession of that which simply for it selfe is to be desired , and containeth in it after an eminent sorte the contentation of our desires , the highest degree of all our perfection . of such perfection capable we are not in this life . for while we are in the world , subiect we are vnto sundry a imperfections , griefe of body , defectes of minde ; yea the best thinges we doe are painefull , and the exercise of them grieuous , being continued without intermission ; so as in those very actions whereby we are especially perfected in this life , wee are not able to persist , forced we are with very wearines & that often to interrupt thē ; which tediousnes cannot fall into those operations that are in the state of blisse , when our vnion with god is complete . complete vnion with him must be according vnto euery power and facultie of our mindes apt to receiue so glorious an obiect . capable we are of god both by vnderstanding and will ; by vnderstanding as hee is that soueraigne truth , which comprehendeth the rich treasures of all wisdom ▪ by will , as he is that sea of goodnesse , whereof who so tasteth shall thirst no more . as the wil doth now worke vpon that obiect by desire , which is as it were a motion towards the end as yet vnobtained ; so likewise vpon the same hereafter receiued it shall worke also by loue . appetitus inhiantis fit amor fruentis , saith saint augustine , the longing disposition of them that thirst , is chaunged ▪ into the sweete affection of them that taste and are replenished . whereas wee now loue the thing that is good , but good especially in respect of benefit vnto vs ▪ we shall then loue the thing that is good , only or principally for the goodnes of beauty in it self . the soule being in this sorte as it is actiue , perfected by loue of that infinite good ; shall as it is receptiue , be also perfected with those supernaturall passions of ioy peace & delight . all this endlesse and euerlasting . which perpe●uitie , in regard whereof our blessednes is termed a crowne which withereth not , doth neither depend vpon the nature of the thing it selfe , nor proceede from any naturall necessitie that our soules should so exercise themselues for euer in beholding and louing god , but from the wil of god , which doth both freely perfect our nature in so high a degree , & continue it so perfected . vnder man no creature in the world is capable of felicitie and blisse ; first , because their chiefest perfection consisteth in that which is best for thē , but not in that which is simply best , as ours doth ; secondly , because whatsoeuer externall perfection they tende vnto , it is not better then themselues , as ours is . how iust occasiō haue we therfore euen in this respect with the prophet to admire the goodnes of god ; lorde what is man that thou shouldest exalt him aboue the workes of thy hands , so farre as to make thy selfe the inheritance of his rest , and the substance of his felicitie ? now if men had not naturally this desire to be happie , how were it possible that all men should haue it ? all men haue . therefore this desire in man is naturall . it is not in our power not to do the same : how should it then be in our power to doe it coldly or remissely ? so that our desire being naturall , is also in that degree of earnestnes whereunto nothing can be added . and is it probable that god should frame the hearts of all mē so desirous of that which no man may obtaine ? it is an axiome of nature , that naturall desire cannot vtterly be frustrate . this desire of ours being natural should be frustrate , if that which may satisfie the same were a thing impossible for man to aspire vnto . man doth seeke a triple perfection , first a sensual , consisting in those things which very life it selfe requireth , either as necessary supplements , or as beauties & ornaments therof ; then an intellectuall , consisting in those things which none vnderneth man is either capable of or acquainted with ; lastly a spirituall & diuine , consisting in those things wherunto we tend by supernatural means here , but cānot here attaine vnto them . they that make the first of these three the scope of their whole life , are said by the apostle to haue no god , but onely their bellie , to be earthly minded men . vnto the second they bend themselues , who seeke especially to excell in all such knowledge & vertue as doth most cōmend men . to this branch belongeth the lawe of morall & ciuil perfection . that there is somewhat higher then either of these two , no other proofe doth neede , then the very processe of mans desire , which being naturall should be frustrate , if there were not some farther thing wherin it might rest at the length contented , which in the former it cannot do . for man doth not seeme to rest satisfied either with fruition of that wherewith his life is preserued , or with performance of such actions as aduance him most deseruedly in estimation ; but doth further couet , yea oftentimes manifestly pursue with great sedulitie & earnestnes , that which cannot stand him in any stead for vitall vse ; that which exceedeth the reach of sense ; yea somwhat aboue capacitie of reason , somewhat diuine and heauenly , which with hidden exultation it rather surmiseth then conceiueth ; somwhat it seeketh and what ▪ that is directly it knoweth not , yet very intentiue desire thereof doth so incite it , that all other knowne delightes and pleasures are laide aside , they giue place to the search of this but onely suspected desire . if the soule of man did serue onely to giue him beeing in this life , then thinges appertaining vnto this life would content him , as wee see they doe other creatures : which creatures inioying what they liue by , seeke no further , but in this contentation do shew a kind of acknowledgemēt , that there is no higher good which doth any way belōg vnto thē . with vs it is otherwise . for although the beauties , riches , honors , sciences , virtues and perfections of all men liuing , were in the present possession of one : yet somewhat beyond and aboue all this there would still be sought and earnestly thirsted for . so that nature euen in this life doth plainly claime & call for a more diuine prefectiō , then either of these two that haue bene mentioned . this last and highest estate of perfection whereof we speake , is receiued of men in the nature of a a reward . rewards do alwayes presuppose such duties performed as are rewardable . our naturall meanes therefore vnto blessednesse are our workes : nor is it possible that nature should euer find any other way to saluation then onely this . but examine the workes which we do , and since the first foundation of the world what one can say , my wayes are pure ? seeing then all flesh is guilty of that for which god hath threatned eternally to punish , what possibility is there this way to be saued ? there resteth therefore either no way vnto saluation , or if any , then surely a way which is supernaturall , a way which could neuer haue entred into the heart of man as much as once to conceiue or imagine , if god himself had not reuealed it extraordinarily . for which cause we terme it the mystery or secret way of saluation . and therfore s. ambrose in this matter appealeth iustly from man to god , b caeli mysterium doceat me deus qui condidit , non homo qui seipsum ignorauit , let god himselfe that made me , let not man that knows not himselfe , be my instructor concerning the mysticall way to heauen . c when men of excellent wit ( saith lactantius ) had wholly betaken thēselues vnto study , after farewell bidden vnto all kind as well of priuate as publique action , they spared no labour that might be spent in the search of truth ; holding it a thing of much more price to seeke and to find out the reason of all affaires as well diuine as humaine , thē to stick fast in the toile of piling vp riches and gathering together heapes of honors . howbeit they bothe did faile of their purpose , and got not as much as to quite their charges ; because truth which is the secret of the most high god , whose proper handiworke all things are , cannot be compassed with that wit and those senses which are our owne . for god and man should be very neere neighbors , if mans cogitations were able to take a suracy of the counsels and appointments of that maiestie euerlasting . which being vtterly impossible , that the eye of man by it selfe should looke into the bosome of diuine reason ; god did not suffer him being desirous of the light of wisedome , to stray any longer vp & downe , and with bootlesse expense of trauaile to wander in darknesse that had no passage to get out by . his eyes at the length god did open ; and bestow vpon him the knowledge of the truth by way of donatiue ; to the end that man might both be clearly conuicted of folly , and being through error out of the way , haue the path that leadeth vnto immortality layd plaine before him . thus far lactantius firmianus to shew that god himselfe is the teacher of the truth , wherby is made knowne the supernaturall way of saluation & law for thē to liue in that shall be saued . in the natural path of euerlasting life , the first beginning is that hability of doing good , which god in the day of mans creation indued him with ; frō hence obedience vnto the will of his creator , absolute righteousnes and integrity in all his actions ; and last of al the iustice of god rewarding the worthinesse of his deserts with the crowne of eternall glory . had adam continued in his first estate , this had bene the way of life vnto him & all his posterite . wherin i confesse notwithstanding with the a wittiest of the schoole diuines , that if we speake of strict iustice , god could no way haue bene bound to require mans labours in so large and ample maner as humaine felicitie doth import : in as much as the dignity of this exceedeth so far the others value . but be it that god of his great liberality had determined in lieu of mans endeuors to bestow the same , by the rule of that iustice which best beseemeth him , namely the iustice of one that requiteth nothing mincingly , but all with pressed and heaped and euen ouer-inlarged measure : yet could it neuer hereupon necessarily bee gathered , that such iustice should adde to the nature of that reward the property of euerlasting continuance ; sith possession of blisse , though it should be but for a moment , were an aboundant retribution . but we are not now to enter into this consideration , how gratious and bountifull our good god might still appeare in so rewarding the sonnes of men , albeit they should exactly performe ▪ whatsoeuer duty their nature bindeth thē vnto . howsoeuer god did propose this reward , we that were to be rewarded must haue done that which is required at our hands ; we failing in the one , it were in nature an impossibility that the other should be looked for . the light of nature is neuer able to find out any way of obtaining the reward of blisse , but by performing exactly the duties and works of righteousnes . from saluation therefore and life all flesh being excluded this way , behold how the wisedome of god hath reuealed a way mysticall and supernaturall , a way directing vnto the same end of life by a course which groundeth it selfe vpon the guiltinesse of sinne , and through sinne desert of condemnation and death . for in this way the first thing is the tender compassion of god respecting vs drowned and swallowed vp in miserie ; the next is redemption out of the same by the pretious death and merite of a mighty sauiour , which hath witnessed of himselfe saying b i am the way , the way that leadeth vs from miserie into blisse . this supernaturall way had god in himselfe prepared before all worlds . the way of supernaturall dutie which to vs he hath prescribed , our sauiour in the gospell of saint iohn doth note , terming it by an excellency the worke of god : c this is the worke of god that ye beleeue in him whom he hath sent . not that god doth require nothing vnto happinesse at the hands of men sauing onely a naked beliefe , ( for hope and charity we may not exclude : ) but that without beliefe all other things are as nothing , & it the ground of those other diuine vertues . concerning faith , the principall obiect whereof is that eternall veritie which hath discouered the treasures of hidden wisedome in christ ; concerning hope , the highest obiect wherof is that euerlasting goodnesse which in christ doth quicken the dead ; concerning charity , the finall obiect whereof is that incomprehensible beauty which shineth in the countenance of christ the sonne of the liuing god ; concerning these vertues , the first of which beginning here with a weake apprehensiō of things not seene , endeth with the intuitiue vision of god in the world to come ; the second beginning here with a trembling expectation of things far remoued , and as yet but onely heard of , endeth with reall and actuall fruition of that which no tongue can expresse ; the third beginning here with a weake inclination of heart towards him vnto whom we are not able to approch , endeth with endlesse vnion , the mistery wherof is higher then the reach of the thoughts of men ; concerning that faith hope & charity without which there can be no saluation ; was there euer any mention made sauing only in that law which god himselfe hath from heauen reuealed ? there is not in the world a syllable muttered with certaine truth cōcerning any of these three , more then hath bene supernaturally receiued from the mouth of the eternall god. lawes therefore concerning these things are supernaturall , both in respect of the maner of deliuering them which is diuine , and also in regard of the things deliuered , which are such as haue not in nature any cause from which they flow , but were by the voluntary appointment of god ordeined besides the course of nature , to rectifie natures obliquity withall . a when supernaturall duties are necessarily exacted , naturall are not reiected as needlesse . the law of god therefore is though principally deliuered for instruction in the one , yet fraught with precepts of the other also . the scripture is fraught euen with lawes of nature . in so much that , b gratian defining naturall right ( whereby is meant the right which exacteth those generall duties , that concerne men naturally euen as they are men ) termeth naturall right that which the bookes of the lawe and the gospell do containe . neither is it vaine that the scripture aboundeth with so great store of lawes in this kind . for they are either such as we of our selues could not easily haue found out , and then the benefit is not small to haue them readily set downe to our hands ▪ or if they be so cleere & manifest that no man indued with reason can lightly be ignorant of them , yet the spirite as it were borrowing them from the schoole of nature as seruing to proue things lesse manifest , and to induce a perswasion of somewhat which were in it selfe more hard and darke , vnlesse it should in such sort be cleared , the very applying of them vnto cases particular is not without most singular vse and profite many wayes for mens instruction . besides , be they plaine of themselues or obscure , the euidence of gods owne testimonie added vnto the naturall assent of reason concerning the certaintie of them , doth not a little comfort and confirme the same . wherefore in as much as our actions are conuersant about things beset with many circumstances , which cause men of sundry wits to be also of sundry iudgements concerning that which ought to be done : requisite it cānot but seeme the rule of diuine law should herein helpe our imbecillity , that we might the more infallibly vnderstand what is good & what euill . the first principles of the law of nature are easie , hard it were to find men ignorant of them : but concerning the duty which natures law doth require at the hands of men in a number of things particular , so c farre hath the naturall vnderstanding euen of sundry whole nations bene darkned , that they haue not discerned no not grosse iniquity to bee sinne . againe , being so prone as we are to fawne vpon our selues , and to be ignorant as much as may be of our owne deformities ; without the feeling sense whereof we are most wretched , euen so much the more , because not knowing thē we cannot as much as desire to haue them taken away : how should our fest●ed sores be cured , but that god hath deliuered a law as sharpe as the two edged sword , pearcing the very closest and most vnsearchable corners of the heart , which the law of nature can hardly , humaine lawes by no meanes possible reach vnto ? hereby we know euen secret concupiscence to be sinne , and are made fearefull to offend though it be but in a wandering cogitation . finally of those things which are for direction of all the parts of our life needfull , and not impossible to be discerned by the light of nature it selfe , are there not many which few mens naturall capacitie , and some which no mans hath bene able to find out ? they are , sayth saint augustine , but a few and they indued with great ripenes of wit and iudgement , free from all such affaires as might trouble their meditations , instructed in the sharpest and the subtlest points of learning , who haue , and that very hardly , bene able to find out but onely the immortality of the soule . the resurrection of the flesh what man did euer at any time dreame of , hauing not heard it otherwise then from the schoole of nature ? whereby it appeareth how much we are bound to yeeld vnto our creator the father of all mercy eternall thankes , for that he hath deliuered his law vnto the world , a law wherein so many things are laid open cleere and manifest ; as a light which otherwise would haue bene buried in darknesse , not without the hazard , or rather not with the hazard , but with the certaine losse of infinite thousands of soules most vndoubtedly now saued . we see therefore that our soueraigne good is desired naturally ; that god the author of that naturall desire had appointed naturall meanes whereby to fulfill it ; that man hauing vtterly disabled his nature vnto those meanes , hath had other reuealed from god , and hath receaued from heauen a law to teach him how that which is desired naturally must now supernaturally be attained , finally we see that because those later exclude not the former quite and cleane as vnnecessary , therefore together with such supernaturall duties as could not possibly haue beene otherwise knowne to the world , the same lawe that teacheth them , teacheth also with them such naturall duties as could not by light of nature easily haue bene knowne . . in the first age of the world god gaue lawes vnto our fathers , and by reason of the number of their daies , their memories serued in steed of books ; wherof the manifold imperfections and defects being knowne to god , he mercifully relieued the same by often putting them in mind of that whereof it behoued them to be specially mindfull . in which respect we see how many times one thing hath bene iterated vnto sundry euen of the best and wisest amongst them ▪ after that the liues of men were shortned , meanes more durable to preserue the lawes of god from obliuion and corruption grew in vse , not without precise direction from god himselfe . first therefore of moyses it is sayd , that he wrote all the words of god ; not by his owne priuate motion and deuise : for god taketh this act to himselfe , i haue written . furthermore were not the prophets following commanded also to do the like ? vnto the holy euangelist saint iohn how often expresse charge is giuen , scribe , write these things ? concerning the rest of our lords disciples the words of saint augustine are , quic quid ille de suis factis & dictis nos legere voluit ▪ hoc scribendū illis tanquā suis manibus imperauit . now although we do not deny it to be a matter meerely accidentall vnto the law of god to be written ; although writing be not that which addeth authority and strength thereunto , finally though his lawes do require at our hands the same obedience howsoeuer they be deliuered ; his prouidēce notwithstanding which hath made principall choice of this way to deliuer them , who seeth not what cause we haue to admire and magnifie ? the singular benefit that hath growne vnto the world by receiuing the lawes of god , euen by his owne appointment committed vnto writing , we are not able to esteeme as the value thereof deserueth ▪ when the question therefore is , whether we be now to seeke for any reuealed law of god other where then onely in the sacred scripture , whether we do now stand bound in the sight of god to yeeld to traditions-vrged by the church of rome the same obedience and reuerence we do to his written lawe , honouring equally and adoring both as diuine : our answer is , no. they that so earnestly pleade for the authority of tradition , as if nothing were more safely conueyed then that which spreadeth it selfe by report , and descendeth by relation of former generations vnto the ages that succeed , are not all of the them ( surely a miracle it were if they should be ) so simple , as thus to perswade themselues ; howsoeuer if the simple were so perswaded , they could be content perhaps very well to enioy the benefit , as they accompt it , of that common error . what hazard the truth is in when it passeth through the hands of report , how maymed and deformed it becommeth ; they are not , they cannot possibly be ignorant . let them that are indeed of this mind , consider but onely that litle of things diuine , which the heathen haue in such sort receiued . a how miserable had the state of the church of god beene long ere this , if wanting the sacred scripture ▪ we had no record of his lawes but onely the memory of man , receiuing the same by report and relation from his predecessors ? by scripture it hath in the wisedome of god seemed meete to deliuer vnto the world much but personally expedient to be practised of certaine men ; many deepe and profound points of doctrine , as being the maine originall ground whereupon the precepts of duty depend ▪ many prophecies the cleere performance whereof might confirme the world in beliefe of things vnseene ; many histories to serue as looking glasses to behold the mercy , the truth , the righteousnesse of god towards all that faithfully serue ▪ obey and honor him ; yea many intire meditations of pietie , to be as patternes and presidents in cases of like nature ; many things needfull for ●●plication ▪ many for applicatiō vnto particular occasions , such as the prouidence of god from time to time hath taken to haue the seuerall bookes of his holy ordinance written . be it them that together with the principall necessary lawes of god , there are sundry other things written , whereof we might happily be ignorant , and yet be saued . vvhat shall we hereupon thinke them needlesse ? shall we esteeme them as riotous branches wherewith we sometimes behold most pleasant vines ouergrown ? surely no more then we iudge our hands , on our eies ●●perfluou● ▪ or what part soeuer , which if our bodies did want , we might notwithstāding any such defect reteine still the complete being of men . as therfore a complete man is neither destitute of any part necessary , and hath some partes wherof though the want could not depriue him of his essence , yet to haue ●hem standeth him in singular stead in respect of the special vses for which they serues in 〈…〉 all those writings which conteine in them the law of god , all those ●●n●r●ble bookes of scripture , all those sacred tomes and volumes of holy wri● , ●●ey are with such absolute perfection framed , that in them there neither 〈◊〉 any thing , the lacke whereof might depriue vs of life ; nor any thing in such wise aboundeth , that as being superfluous ; vnfruitfull ▪ and altogether needlesse , we should thinke it no losse or danger at all if we did want it . ▪ although the scripture of god therefore be stored with infinite varietie of matter in all kinds , although it abound with all sorts of lawes , yet the principal intent of scripture is to deliuer the lawes of duties supernaturall . oftentimes it hath bene in very solemne maner disputed , whether all things necessary vnto saluation be necessarily set downe in the holy scriptures or no. if we define that necessary vnto saluation , whereby the way to saluation is in any sort made more plaine , apparent , and easie to be knowne ; then is there no part of true philosophie , no art of account , no kind of science rightly so called , but the scripture must conteine it . if onely those things be necessary , as surely none else are , without the knowledge and practise whereof it is not the will and pleasure of god to make any ordinary graunt of saluation ; it may be notwithstanding , and oftentimes hath bene demanded , how the bookes of holy scripture conteine in them all necessary things , when of things necessary the very chiefest is to knowe what bookes we are bound to esteeme holy ; which point is confest impossible for the scripture it selfe to teach . whereunto wee may aunswere with truth , that there is not in the world any arte or science , which proposing vnto it selfe an ende ( as euery one doth some ende or other ) hath bene therefore thought defectiue , if it haue not deliuered simply whatsoeuer is needfull to the same ende : but all kinds of knowledge haue their certaine bounds and limits ; each of them presupposeth many necessary things learned in other sciences and knowne before hand . he that should take vpon him to teach men how to be eloquent in pleading causes , must needes deliuer vnto them whatsoeuer precepts are requisite vnto that end , otherwise he doth no● the thing which he taketh vpon him . seeing then no man can pleade eloquently , vnlesse he be able first to speake , it followeth that habilitie of speech is in this case a thing most necessary . notwithstanding euery man would thinke it ridiculous , that he which vndertaketh by writing to instruct an orator , should therfore deliuer all the precepts of grammar ; because his profession is to deliuer precepts necessarie vnto eloquent speech , yet so , that they which are to receiue them bee taugt before hand , so much of that which is thereunto necessarie as comprehendeth the skill of speaking . in like sort , albeit scripture do professe to conteine in it all thinges which are necessarie vnto saluation ; yet the meaning cannot bee simply of all things which are necessarie , but all things that are necessary in some certaine kind or forme ; as all things that are necessarie , and either could not at all , or could not easilie be knowne by the light of naturall discourse ; all things which are necessarie to be knowne that we may be saued , but knowne with presupposall of knowledge cōcerning certaine principles , wherof it receaueth vs already perswaded , and then instructeth vs in all the residue that are necessary . in the number of these principles one is the sacred authority of scripture . being therefore perswaded by other meanes that these scriptures are the oracles of god ▪ themselues do then teach vs the rest , and lay before vs all the duties which god requireth at our hands as necessary vnto saluation . further , there hath bene some doubt likewise , whether conteining in scripture do import expresse setting downe in plaine tearmes , or else comprehending in such sort that by reason we may frō thence conclude all things which are necessary . against the former of these two constructions , instance hath sundrie wayes bene geuen . for our beliefe in the trinity , the coeternity of the sonne of god with his father , the proceeding of the spirite from the father and the sonne , the duty of baptizing infants , these with such other principall points , the necessity wherof is by none denied , are notwithstanding in scripture no where to be found by expresse literall mention , only deduced they are out of scripture by collection . this kind of cōprehension in scripture being therefore receiued , still there is no doubt how far we are to proceed by collection , before the full and complete measure of things necessary be made vp . for let vs not thinke that as long as the world doth endure ▪ the wit of man shal be able to found the bottome of that which may be concluded out of the scripture ; especially if things conteined by collection do so far extend , as to draw in whatsoeuer may be at any time out of scripture but probably and coniecturally surmised . but let necessary collection be made requisite , and we may boldly deny , that of all those things which at this day are with so great necessitie vrged vpon this church vnder the name of reformed church discipline , there is any one which their bookes hetherto haue made manifest to be conteined in the scripture . let them if they can alleage but one properly belonging to their cause , and not common to them and vs , and shew the deduction thereof out of scripture to be necessarie . it hath beene already shewed , how all things necessarie vnto saluation in such sort as before we haue maintained , must needes be possible for men to knowe ; and that many things are in such sort necessarie , the knowledge whereof is by the light of nature impossible to be attained . whereupon it followeth , that either all flesh is excluded from possibility of saluation , which to thinke were most barbarous ; or else that god hath by supernaturall meanes reuealed the way of life so far forth as doth suffice . for this cause god hath so many times and waies spoken to the sonnes of men . neither hath he by speech only , but by wilting also instructed and taught his church . the cause of writing hath bene to the end that things by him reuealed vnto the world , might haue the longer cōtinuance , and the greater certainty of assurance ; by how much that which standeth on record , hath in both those respects preeminence aboue that which passeth from hand to hand , and hath no pennes but the toongs , no bookes but the eares of men to record it . the seueral bookes of scripture hauing had each some seuerall occasion and particular purpose which caused them to be written , the contents thereof are according to the exigence of that speciall end whereunto they are intended . hereupon it groweth , that euery booke of holy scripture doth take out of all kinds of truth , a naturall , b historicall , c forreine , d supernaturall , so much as the matter handled requireth . now for as much as there hath bene reason alleaged sufficient to conclude , that all things necessary vnto saluation must be made knowne , and that god himselfe hath therefore reuealed his will , because otherwise men could not haue knowne so much as i● necessary ; his surceasing to speake to the world since the publishing of the gospell of iesus christ , and the deliuery of the same in writing , is vnto vs a manifest token that the way of saluation is now sufficiently opened , and that we neede no other meanes for our full instruction , then god hath already furnished vs withall . the maine drift of the whole newe testament , is that which saint iohn setteth downe as the purpose of his owne historie ▪ these things are written , that yee might beleeue that iesus is christ the sonne of god , and that in beleeuing yee might haue life through his name . the drift of the olde , that which the apostle mentioneth to timothie , the holy scriptures are able to make thee wise vnto salu●tion . so that the generall ende both of olde and newe is one ; the difference betweene them consisting in this , that the olde did make wise by teaching saluation through christ that should come ; the newe by teaching that christ the sauiour is come , and that iesus whom the iewes did crucifie , and whom god did raise againe from the dead , is he . when the apostle therefore affirmeth vnto timothie , that the old was able to make him wise to saluation , it was not his meaning that the olde alone can do this vnto vs which liue sithence the publication of the newe . for he speaketh with presupposall of the doctrine of christ knowne also vnto timothie ; and therefore first it is sayd , continue thou in those things which thou hast learned and art perswaded , knowing of whom thou hast bene taught them . againe those scriptures hee graunteth were able to make him wise to saluation ; but he addeth , through the faith which is in christ. vvherefore without the doctrine of the new testament teaching that christ hath wrought the redemption of the world , which redemption the olde did foreshewe he should worke ; it is not the former alone which can on our behalfe performe so much as the apostle doth auouch , who presupposeth this when he magnifieth that so highly . and as his words concerning the bookes of auncient scripture , do not take place but with presupposall of the gospell of christ embraced : so our owne wordes also when wee extoll the complete sufficiency of the whole intire body of the scripture , must in like sorte bee vnderstood with this caution , that the benefite of natures light be not thought excluded as vnnecessarie , because the necessitie of a diuiner light is magnified . there is in scripture therefore no defect , but that any man what place or calling soeuer he hold in the church of god , may haue thereby the light of his naturall vnderstanding so perfected , that the one being relieued by the other , there can want no part of needfull instruction vnto any good worke which god himselfe requireth , be it naturall or supernaturall , belonging simply vnto men as men , or vnto men as they are vnited in whatsoeuer kinde of societie . it sufficeth therefore that nature and scripture do serue in such full sort , that they both ioyntly , and not seuerally either of them , be so complete , that vnto euerlasting felicitie we need not the knowledge of any thing more then these two may easily furnish our mindes with on all sides : and therefore they which adde traditions as a part of supernaturall necessarie truth , haue not the truth , but are in errour . for they onely pleade , that whatsoeuer god reuealeth as necessary for all christian men to do or beleeue , the same we ought to embrace , whether we haue receiued it by writing or otherwise ; which no man denieth : when that which they should confirme who claime so great reuerence vnto traditions is , that the same traditions are necessarily to bee acknowledged diuine and holy . for wee doe not reiect them onely because they are not in the scripture , but because they are neither in scripture , nor can otherwise sufficiently by any reason be proued to be of god. that which is of god , and may be euidently proued to be so , we deny not but it hath in his kind , although vnwritten , yet the selfe same force and authoritie with the written lawes of god. it is by ours acknowledged , that the apostles did in euery church institute and ordeene some ●i●es and customes seruing for the seemelenesse of church regiment , which rites and customes they haue not committed vnto writing . those rites and customes being knowne to be apostolicall , and hauing the nature of things changeable , were no lesse to be accompted of in the church then other things of the like degree , that is to say , capable in like sort of alteration , although set downe in the apostles writings . for bothe being knowne to be apostolicall , it is not the manner of deliuering them vnto the church ▪ but the author from whom they proceed , which doth giue them their force and credite . lawes being imposed either by each man vpon himselfe , or by a publique societie vpon the particulars thereof , or by all the nations of men vpon euery seuerall societie , or by the lord himselfe vpon any or euerie of these , there is not amongst these foure kinds any one , but containeth sundry both naturall and positiue lawes . impossible it is but that they should fall into a number of grosse errors , who onely take such lawes for positiue , as haue bene made or inuented of men , and holding this position hold also , that all positiue and none but positiue lawes are mutable . lawes naturall do alwayes bind ; lawes positiue not so , but onely after they haue bene expresly and wittingly imposed . lawes positiue there are in euery of those kindes before mentioned . as in the first kinde the promises which we haue past vnto men , and the vowes we haue made vnto god ; for these are lawes which we tye our selues vnto , and till we haue so tied our selues they bind vs not . lawes positiue in the second kind are such the ciuill constitutions peculiar vnto each particular common weale . in the third kind the law of heraldy in wa●re is positiue : and in the last all the iudicials which god gaue vnto the people of israell to obserue . and although no lawes but positiue be mutable , yet all are not mutable which be positiue . positiue lawes are either permanent or else changeable ▪ according as the matter it selfe is concerning which they were first made . whether god or man be the maker of them , alteration they so far forth admit , as the matter doth exact . lawes that concerne supernaturall duties , are all positiue ▪ and either cōcerne men supernaturally as men , or else as parts of a supernaturall society , which society we call the church . to concerne men as men supernaturally , is to concerne them as duties which belong of necessitie to all , and yet could not haue bene knowne by any to belong vnto them , vnlesse god had opened them himselfe , in as much as they do not depend vpon any naturall ground at all out of which they may be deduced , but are appoi●●ed of god to supply the defect of those naturall wayes of saluation , by which we are not now able to attaine thereunto . the church being a supernaturall societie , doth differ from naturall societies in this ; that the persons vnto whom wee associate our selues , in the one are men simply considered as men ; but they to whom we bee ioyned in the other , are god , angels , and holy men . againe the church being both a society , and a society supernaturall ; although as it is a society , it haue the selfe same originall grounds which other politique societes haue , namely the naturall inclination which all men haue vnto sociable life , and consent to some certaine bond of association , which bond is the law that appointeth what kind of order they shall be associated in : yet vnto the church as it is a societie supernaturall this is peculiar , that part of the bond of their association which belong to the church of god , must be a lawe supernaturall , which god himselfe hath reuealed concerning that kind of worship which his people shall do vnto him . the substance of the seruice of god therefore , so farre forth as it hath in it any thing more then the lawe of reason doth teach , may not be inuented of men , as it is amongst the heathens ; but must be receiued from god himselfe , as alwaies it hath bene in the church , sauing only when the church hath bene forgetfull of her dutie . wherefore to end with a generall rule concerning all the lawes which god hath tyed men vnto : those lawes diuine that belong whether naturally or supernaturally , either to men as men , or to men as they liue in politique societie , or to men as they are of that politique societie which is the church , without any further respect had vnto any such variable accident as the state of men and of societies of men and of the church it selfe in this world is subiect vnto ; all lawes that so belong vnto men , they belong for euer , yea although they be positiue lawes , vnlesse being positiue god himselfe which made them alter them . the reason is , because the subiect or matter of lawes in generall is thus farre foorth constant : which matter is that for the ordering whereof lawes were instituted , and being instituted are not chaungeable without cause , neither can they haue cause of chaunge , when that which gaue them their first institution , remaineth for euer one and the same . on the other side lawes that were made for men or societies or churches , in regard of their being such as they doe not alwayes continue , but may perhaps bee cleane otherwise a whil● after , and so may require to bee otherwise ordered then before : the lawes of god himselfe which are of this nature , no man indued with common sense will euer denie to bee of a different constitution from the former , in respect of the ones constancie , and the mutabilitie of the other . and this doth seeme to haue beene the very cause why saint iohn doth so peculiarly tearme the doctrine that teacheth saluation by iesus christ , euangelium aeternum , an eternall gospell ; because there can be no reason wherefore the publishing thereof should be taken away , and any other in stead of it proclaimed , as long as the world doth continue : where as the whole lawe of rites and ceremonies , although deliuered with so great solemnitie , is notwithstanding cleane abrogated , in as much as it had but temporary cause of gods ordeining it . but that we may at the length conclude this first generall introduction vnto the nature and originall birth , as of all other lawes , so likewise of those which the sacred scripture conteineth , concerning the author wherof , euen infidels haue confessed , that he can neither erre nor deceiue ; albeit about things easie and manifest vnto all men by common sense there needeth no higher consultation , because as a man whose wisedome is in waighty affaires admired , would take it in some disdaine to haue his counsell solemnely asked about a toye , so the meannesse of some things is such that to search the scripture of god for the ordering of them were to derogate from the reuerend authoritie and dignitie of the scripture , no lesse then they do by whom scriptures are in ordinarie talke very idly applyed vnto vaine and childish trifles : yet better it were to bee superstitious , then prophane ; to take from thence our direction euen in all things great or small , then to wade through matters of principall waight and moment , without euer caring what the lawe of god hath , either for or against our disseignes . concerning the custome of the very paynimes , thus much strab● witnesseth , a men that are ciuill do leade their liues after one common lawe appointing them what to do . for that otherwise a multitude should with harmony amongest themselues , concurre in the doing of one thing , ( for this is ciuilly to liue ) or that they should in any sort menage communitie of life , it is not possible . nowe lawes or statutes are of two sorts . for they are either receiued from gods , or else from men . and our auncient predecessors did surely most honor and reuerēce that which was from the gods ; for which cause consultation with oracles was a thing very vsuall and frequent in their times . did they make so much account of the voyce of their gods , which in truth were no gods : and shall we neglect the pretious benefite of conference with those oracles of the true and liuing god , whereof so great store is left to the church , and wherunto there is so free , so plaine , and so easie accesse for al men ? b by the commandements ( this was dauids confession vnto god ) thou hast made me wiser then mine enemies . againe , i haue had more vnderstanding then all my teachers , because thy testimonies are my meditations . what paynes would not they haue bestowed in the study of these bookes , who trauailed sea and land to gaine the treasure of some fewe dayes talke , with men whose wisedome the world did make any reckoning of ? c that litle which some of the heathens did chance to heare , concerning such matter as the sacred scripture plentifully conteineth , they did in wonderfull sort affect ; their speeches as oft as they make mention thereof are strange , and such as themselues could not vtter as they did other things , but still acknowledged that their wits which did euery where else conquer hardnesse , were with profoundnesse here ouer-matched . wherfore seeing that god hath indued vs with sense , to the end that we might perceiue such things as this present life doth need , and with reason , least that which sense cannot reach vnto , being both now and also in regard of a future estate hereafter necessary to be knowne , should lye obscure ; finally with the heauenly support of d propheticall reuelation , which doth open those hidden mysteries that reason could neuer haue bene able to find out , or to haue knowne the necessitie of them vnto our euerlasting good : vse we the pretious gifts of god vnto his glory and honour that gaue them , seeking by all meanes to know what the will of our god is , what righteous before him , in his fight what holy , perfect , and good , that we may truly and faithfully do it . thus farre therefore we haue endeuoured in part to open , of what nature and force lawes are , according vnto their seuerall kinds ; the lawe which god with himselfe hath eternally set downe to follow in his owne workes ; the law which he hath made for his creatures to keepe , the law of naturall and necessarie agents ; the law which angels in heauen obey ; the lawe whereunto by the light of reason men find themselues bound in that they are men ; the lawe which they make by composition for multitudes and politique societies of men to be guided by ; the law which belongeth vnto each nation ; the lawe that concerneth the fellowship of all ; and lastly the lawe which god himselfe hath supernaturally reuealed . it might peraduenture haue beene more popular and more plausible to vulgar eares , if this first discourse had beene spent in extolling the force of lawes , in shewing the great necessity of them when they are good ; and in aggrauating their offence by whom publique lawes are iniuriously traduced . but for as much as with such kind of matter the passions of men are rather stirred one way or other , then their knowledge any way set forward vnto the triall of that whereof there is doubt made ; i haue therefore turned aside from that beaten path , and chosen though a lesse easie , yet a more profitable way in regard of the end we propose . least therefore any man should maruail● whereunto all these things tend , the drift and purpose of all is this , euen to shew in what manner as euery good and perfect gift , so this very gift of good and perfect lawes is deriued from the father of lights ; to teach men a reason why iust and reasonable lawes are of so great force , of so great vse in the world ; and to enforme their minds with some methode of reducing the lawes whereof there is present controuersie vnto their first originall causes , that so it may be in euery particular ordinance thereby the better discerned , whether the same be reasonable iust and righteous or no. is there any thing which can either be throughly vnderstood , or soundly iudged of , till the very first causes and principles from which originally it springeth bee made manifest ? if all parts of knowledge haue beene thought by wise men to bee then most orderly deliuered and proceeded in , when they are drawne to their first originall ▪ seeing that our whole question concerneth the qualitie of ecclesiasticall lawes , let it not seeme a labour superfluous that in the entrance thereunto all these seuerall kinds of lawes haue beene considered , in as much as they all concurre as principles , they all haue their forcible operations therein , although not all in like apparent and manifest maner . by meanes whereof it commeth to passe , that the force which they haue is not obserued of many . easier a great deale it is for men by law to be taught what they ought to do , then instructed how to iudge as they should do of law ; the one being a thing which belongeth generally vnto all , the other such as none but the wiser and more iudicious sorte can performe . yea the wisest are alwayes touching this point the readiest to acknowledge , that soundly to iudge of a law is the waightiest thing which any man can take vpon him . but if we wil giue iudgement of the laws vnder which we liue , first let that law eternall be alwayes before our eyes , as being of principall force and moment to breed in religious minds a dutifull estimation of all lawes , the vse and benefite whereof we see ; because there can be no doubt but that lawes apparently good , are ( as it were ) things copied out of the very tables of that high euerlasting law , euen as the booke of that law hath said concerning it selfe , by me kings raigne , and by me princes decree iustice . not as if men did behold that booke , and accordingly frame their lawes ; but because it worketh in them ▪ because it discouereth and ( as it were ) readeth it selfe to the world by them , when the lawes which they make are righteous . furthermore although we perceiue not the goodnesse of lawes made ; neuerthelesse sith things in themselues may haue that which we peraduenture ; discerne not ; should not this breed a feare in our harts , how we speake or iudge in the worse part concerning that , the vnaduised disgrace whereof may be no meane dishonour to him , towards whom we professe all submission and awe ? surely there must be very manifest iniquitie in lawes , against which we shall be able to iustifie our contumelious inuectiues . the chiefest roote whereof , when we vse them without cause , is ignorance how lawes inferiour are deriued from that supreme or highest lawe . the first that receiue impression from thence are naturall agents . the lawe of whose operations might be happily thought lesse pertinent , when the question is about lawes for humane actions , but that in those very actions which most spiritually and supernaturally concerne men , the rules and axiomes of naturall operations haue their force . what can be more immediate to our saluation , then our perswasion concerning the lawe of christ towardes his church ? what greater assurance of loue towards his church , then the knowledge of that mysticall vnion whereby the church is become as neare vnto christ , as any one part of his flesh is vnto other ? that the church being in such sort his , he must needes protect it ; what proofe more strong , then if a manifest lawe so require , which law it is not possible for christ to violate ? and what other lawe doth the apostle for this alleage , but such as is both common vnto christ with vs , and vnto vs with other things naturall , no man hateth his owne flesh , but doth loue and cherish it ? the axiomes of that lawe therefore , whereby naturall agentes are guided , haue their vse in the morall , yea euen in the spirituall actions of men , and consequently in all lawes belonging vnto men howsoeuer . neither are the angels themselues , so farre seuered from vs in their kind and manner of working , but that betweene the lawe of their heauenly operations , and the actions of men in this our state of mortalitie , such correspondence there is , as maketh it expedient to know in some sort the one , for the others more perfect direction . would angels acknowledge themselues fellow seruants with the sonnes of men , but that both hauing one lord , there must be some kinde of lawe which is one and the same to both , whereunto their obedience being perfecter , is to our weaker both a paterne and a spurre ? or would the apostle speaking of that which belongeth vnto saintes , as they are linked together in the bond of spirituall societie , so often make mention how angels are therewith delighted , if in thinges publiquely done by the church we are not somewhat to respect what the angels of heauen doe ? yea so farre hath the apostle s. paule proceeded , as to signifie that euen about the outward orders of the church which serue but for comelinesse , some regard is to be had of angels ; who best like vs when we are most like vnto them in all partes of decent demeanor . so that the law of angels wee cannot iudge altogether impertinent vnto the affaires of the church of god. our largenesse of speech how men do finde out what thinges reason bindeth them of necessitie to obserue , and what is guideth them to choose in things which are left as arbitrary ; the care we haue had to declare the different nature of lawes which seuerally concerne all men , from such as belong vnto men eyther ciuilly or spiritually associated , such as pertaine to the fellowship which nations , or which christian nations haue amongst themselues , and in the last place such as concerning euery or any of these , god himselfe hath reuealed by his holy wor● , all serueth but to make manifest , that as the actions of men are of sundry distinct kindes , so the lawes thereof must accordingly be distinguished . there are in men operations some naturall , some rationall , some supernaturall , some politique , some finally ecclesiasticall . which if we measure not each by his owne proper law , whereas the things themselues are so different ; there will be in our vnderstanding and iudgement of them confusion . as that first error sheweth whereon our opposites in this cause haue grounded themselues . for as they rightly maintaine , that god must be glorified in all thinges , and that the actions of men cannot tend vnto his glory , vnlesse they be framed after his law : so it is their error , to thinke that the only law which god hath appointed vnto men in that behalfe is the sacred scripture . by that which we worke naturally , as when we breath , sleepe , mooue , we set forth the glory of god as naturall agents doe , albeit we haue no expresse purpose to make that our end , nor any aduised determination therein to follow a law , but doe that we doe ( for the most part ) not as much as thinking thereon . in reasonable and morall actions another law taketh place , a law by the obseruation whereof we glorifie god in such sort , as no creature else vnder man is able to doe ; because other creatures haue not iudgement to examine the qualitie of that which is done by them , and therfore in that they doe , they neither can accuse nor approue themselues . men doe bothe , as the apostle teacheth ; yea those men which haue no written lawe of god to shewe what is good or euill , carrie written in their hearts the vniuersall lawe of mankind , the law of reason , whereby they iudge as by a rule which god hath giuen vnto all men for that purpose . the lawe of reason doth somewhat direct men how to honour god as their creator ; but how to glorifie god in such sort as is required , to the end he may be an euerlasting sauiour , this we are taught by diuine law , which law both ascertaineth the truth and supplieth vnto vs the want of that other lawe . so that in morall actions , diuine law helpeth exceedingly the lawe of reason to guide mans life ; but in supernaturall it alone guideth . proceed wee further , let vs place man in some publique societie with others , whether ciuill or spirituall : and in this case there is no remedie but we must adde yet a further lawe . for although euen here likewise the lawes of nature and reason be of necessary vse ; yet somewhat ouer and besides them is necessary , namely humane and positiue lawe , together with that lawe which is of commerce betweene grand societies , the law of nations and of nations christian . for which cause the lawe of god hath likewise said , let euery soule be subiect to the higher powers . the publique power of all societies is aboue euery soule contained in the same societies . and the principall vse of that power is to giue lawes vnto all that are vnder it ; which lawes in such case we must obey , vnlesse there be reason shewed which may necessarily enforce , that the lawe or reason or of god doth enioyne the contrarie . because except our owne priuate , and but probable resolutions , be by the lawe of publique determinations ouerruled ; we take away all possibilitie of sociable life in the worlde . a plainer example whereof then our selues we cannot haue . how commeth it to passe that wee are at this present day so rent with mutuall contentions , and that the church is so much troubled about the politie of the church ? no doubt if men had bene willing to learne how many lawes their actions in this life are subiect vnto , and what the true force of each lawe is , all these controuersies might haue dyed the very day they were first brought forth . it is both commonly said , and truly , that the best men otherwise are not alwayes the best in regard of societie . the reason wherof is , for that the law of mens actions is one , if they be respected only as men ; and another , whē they are considered as parts of a politique body . many men there are , then whom nothing is more commendable when they are singled . and yet in societie with others , none lesse fit to answere the duties which are looked for at their handes . yea i am perswaded , that of them with whom in this cause we striue , there are whose betters among men would bee hardly found , if they did not liue amongst men , but in some wildernesse by themselues . the cause of which their disposition so vnframable vnto societies wherein they liue , is for that they discerne not aright : what place and force these seuerall kindes of lawes ought to haue in all their actions . is there question eyther concerning the regiment of the church in generall , or about conformitie betweene one church and another , or of ceremonies , offices , powers ▪ iurisdictions in our owne church ? of all these things they iudge by that r●le which they frame to themselues with some shew of probabilitie ; and what seemeth in that sort conuenient , the same they thinke themselues bound to practise , the same by all meanes they labour mightily to vpholde ; whatsoeuer any law of man to the contrarie hath determined they weigh it not . thus by following the law of priuate reason , where the law of publique should take place , they breede disturbance . for the better inu●ing therefore of mens mindes with the true distinction of lawes and of their seuerall force , according to the di●ferent kind and qualitie of our actions , it shal no● peraduenture be amisse to shew in some one example how they all take place . to seeke no further , let but that be considered then which there is not any thing more familiar vnto vs , our foode . what thinges are foode , and what are not , we iudge naturally by sense , neither neede we any other law to be our director in that behalfe then the selfe-same which is common vnto vs with beastes . but when we come to consider of foode , as of a benefite which god of his bounteous goodnes hath prouided for all thinges liuing ; the law of reason doth here require the dutie of thankefulnesse at our handes , towards him at whose hands we haue i● . and least appetite in the vse of foode , should leade vs beyond that which is meere ▪ we owe in this case obedience to that law of reason , which teacheth mediocritie in meates and drinkes . the same things diuine lawe teacheth also , as at large we haue shewed it doth all partes of morall dutie , whereunto we all of necessitie stand bound , in regard of the life to come . but of certaine kindes of foode the iewes sometime had , and we our selues likewise haue , a mysticall , reli●ious , and supernaturall vse ; they of their pas● all lambe and oblations , wee of our bread and wine in the eucharist ; which vse none but diuine law could institute . now as we liue in ciuill societie , the state of the common wealth wherein we liue , both may and doth require certaine lawes concerning foode ; which lawes , sauing onely that we are members of the common wealth where they are of force , we should not neede to respect a● rules of action , whereas now in their place and kinde they must be respected and obeyed . yea the selfe same matter is also a subiect wherein sometime ecclesiasticall lawes haue place ; so that vnlesse wee will bee authors of confusion in the church , our priuate discretion , which otherwise might guide vs a contrary way , must here submit it selfe to bee that way guided , which the publike iudgement of the church hath thought better . in which case that of zonaras concerning f●stes may be remembred . fastinges are good , but let good things be done in good and conueni●nt maner . he that transgresseth in his fasting the orders of the holy fathers , the positiue lawes of the church of christ ▪ must be plainely tolde that good thinges doe loose the grace of their goodnesse , when in good sort they are not performed . and as here mens priuate phansies must giue place to the higher iudgement of that church which is in authoritie a mother ouer them : so the very actions of whole churches , haue in regard of commerce and fellowship with other churches , bene subiect to lawes concerning foode , the contrarie vnto which lawes had else bene thought more conuenient for them to obserue ; as by that order of abstinence from strangled and bloud may appeare ; an order grounded vpon that fellowship which the churches of the gentiles had with the iewes . thus we see how euen one and the selfe same thing is vnder diuers considerations conueyed through many lawes ; and that to measure by any one kind of law all the action of men , were to confound the admirable order wherein god hath disposed all lawes , each as in nature , so in degree , distinct from other . wherefore that here we may briefly ende , of lawe there can be no lesse acknowledged , then that her seate is the bosome of god , her voyce the harmony of the world , all things in heauen and earth doe her homage , the very least as feeling her care , and the greatest as not exempted from her power ; both angels and men and creatures of what condition so euer , though each in different sort and manner , yet all with vniforme consent , admiring her as the mother of their peace and ioy . the second booke : concerning their first position who vrge reformation in the church of england ; namely that scripture is the onely rule of all things which in this life may be done by men . the matter contained in this second boooke . an answere to their first proofe brought out of scripture . prou. . . to their second . cor. . . to their third . . tim. . . to their fourth . rom. . . to their proofes out of fathers , who dispute negatiuely from the authoritie of holy scripture . to their proofe by the scriptures custome of disputing from diuine authoritie negatiuely . an examination of their opinion concerning the force of arguments taken from humane authoritie for the ordering of mens actions and perswasions . a declaration what the truth is in this matter . as that which in the title hath bene proposed for the matter whereof we treat , is onely the ecclesiasticall lawe whereby we are gouerned ; so neither is it my purpose to maintaine any other thing , then that which therein truth and reason shall approue . for concerning the dealings of men who administer gouernment , and vnto whom the execution of that law belongeth ; they haue their iudge who sitteth in heauen , and before whose tribunall seate they are accomptable for whatsoeuer abuse or corruption , which ( being worthily misliked in this church ) the want eyther of care or of conscience in them hath bred . we are no patrones of those things therfore ; the best defence whereof is speedie redresse & amendment . that which is of god we defend , to the vttermost of that habilitie which he hath giuen : that which is otherwise , let it wither euen in the roote from whence it hath sprung . wherefore all these abuses being seuered and set apart , which rise from the corruption of men , and not from the lawes themselues : come we to those things which in the very whole intier forme of our church-politie haue bene ( as wee perswade our selues ) iniuriously blamed , by them who endeuour to ouerthrow the same , and in stead therof to establish a much worse ▪ onely through a strong misconceipt they haue , that the same is grounded on diuine authoritie . now whether it be that through an earnest longing desire to see things brought to a peaceable end , i do but imagine the matters whereof we contend , to be fewer then indeed they are ; or else for that in truth they are fewer when they come to be discust by reason , then otherwise they seeme , when by heate of contention they are deuided into many slippes , and of euery branch an heape is made : surely as now wee haue drawne them together , choosing out those things which are requisite to bee seuerally all discust , and omitting such meane specialties as are likely ( without any great labour ) to fall afterwardes of themselues ; i knowe no cause why either the number or the length of these controuersies should diminish our hope , of seeing them end with concord and loue on all sides ; which of his infinite loue and goodnes the father of all peace and vnitie graunt . vnto which scope that our endeuour may the more directly tend , it seemeth fittest that first those thinges be examined , which are as seedes from whence the rest that ensue haue growne . and of such the most generall is that , wherewith we are here to make our entrance ; a question not mooued ( i thinke ) any where in other churches , and therefore in ours the more likely to be soone ( i trust ) determined . the rather for that it hath grown from no other roote , then only a desire to enlarge the necessarie vse of the word of god ; which desire hath begotten an error enlarging it further then ( as we are perswaded ) soundnesse of truth will beare . for whereas god hath left sundry kindes of lawes vnto men , and by all those lawes the actions of men are in some sort directed : they hold that one onely lawe , the scripture , must be the rule to direct in all thinges , euen so farre as to the taking vp of a rush or strawe . about which point there should not neede any question to growe , and that which is growne might presently ende , if they did yeelde but to these two restraints : the first is , not to extend the actions whereof they speake so lowe as that instance doth import , of taking vp a strawe , but rather keepe themselues at the least within the compasse of morall actions , actions which haue in them vice or vertue ; the second , not to exact at our hands for euery action the knowledge of some place of scripture out of which we stand bound to deduce it , as by diuerse testimonies they seeke to enforce , but rather as the truth is , so to acknowledge , that it sufficeth if such actions be framed according to the lawe of reason ; the generall axiomes , rules , and principles of which lawe being so frequent in holy scripture , there is no let but in that regard , euen out of scripture such duties may be deduced by some kinde of consequence , ( as by long circuite of deduction it may be that euen all truth out of any truth may be concluded ) ; howbeit no man bound in such sort to deduce all his actions out of scripture , as if eyther the place be to him vnknowne whereon they may be concluded , or the reference vnto that place not presently considered of , the action shall in that respect be condemned as vnlawfull . in this we dissent , and this we are presently to examine . in all parts of knowledge rightly so termed , thinges most generall are most strong : thus it must be , in as much as the certaintie of our perswasion touching particulars , dependeth altogether vpon the credite of those generalities out of which they growe . albeit therefore euery cause admit not such infallible euidence of proofe , as leaueth no possibilitie of doubt or scruple behind it ; yet they who claime the generall assent of the whole world vnto that which they teach , and doe not feare to giue very hard and heauie sentence vpon as many as refuse to embrace the same , must haue speciall regard that their first foundations and grounds be more then slender probabilities . this whole question which hath bene mooued about the kinde of church regiment , we could not but for our owne resolutions sake , endeuour to vnrip and sift ; following therein as neare as we might , the conduct of that iudiciall method which serueth best for inuention of truth . by meanes whereof hauing found this the head theoreme of all their discourses , who pleade for the chaunge of ecclesiasticall gouernment in england , namely , that the scripture of god is in such sort the rule of humane actions , that simply whatsoeuer we doe , and are not by it directed thereunto , the same is sinne ; wee hold it necessarie that the proofes hereof be waighed : be they of waight sufficient or otherwise it is not ours to iudge and determine : onely what difficulties there are , which as yet withhold our assent , till we be further and better satisfied , i hope no indifferent amongst them will scorne or refuse to heare . first therefore whereas they alleage that wisedome doth teach men euery good way ; and haue thereupon inferred , that no way is good in any kind of action , vnlesse wisedome do by scripture leade vnto it : see they not plainely how they restraine the manifold wayes which wisedome hath to teach men by , vnto one only way of teaching , which is by scripture ? the boundes of wisedome are large , and within them much is contayned . wisdome was adams instructor in paradise : wisdome indued the fathers , who liued before the law , with the knowledge of holy things by the wisedome of the lawe of god , dauid attained to excell others in vnderstanding ; & salomon likewise to excell dauid , by the selfe same wisdome of god teaching him many things besides the law . the waies of well-doing are in number euen as many , as are the kindes of voluntarie actions : so that whatsoeuer we do in this world and may do it ill , we shew our selues therein by well doing to be wise ▪ now if wisedome did teach men by scripture not onely all the wayes that are right and good in some certaine kind , according to that of a s. paule concerning the vse of scripture ; but did simply without any maner of exception , restraint , or distinction , teach euery way of doing well ; there is no art but scripture should teach it , because euery art doth teach the way how to do some thing or other well . to teach men therefore wisedome professeth , and to teach them euery good way : but not euery good way by one way of teaching . whatsoeuer either men on earth , or the angels of heauen do know , it is as a drop of that vnemptiable fountaine of wisdom ; which wisdom hath diuersly imparted her treasures vnto the world . as her waies are of sundry kindes , so her maner of teaching is not meerely one and the same . some thinges she openeth by the sacred bookes of scripture ; some things by the glorious works of nature : with some things she inspireth them frō aboue by spirituall influence ; in some things she leadeth and traineth them onely by worldly experience and practise . we may not so in any one speciall kinde admire her , that we disgrace her in any other ; but let all her wayes be according vnto their place and degree adored . that all things be done to the glory of god , the blessed apostle ( it is true ) exhorteth . the glory of god is the admirable excellencie of that vertue diuine , which being made manifest , causeth men and angels to extoll his greatnes , and in regard thereof to feare him . by beeing glorified , it is not meant that he doth receiue any augmentation of glory at our hands ; but his name we glorifie , when we testifie our acknowledgement of his glorie . which albeit we most effectually do by the vertue of obedience : neuerthelesse it may be perhaps a question , whether s. paule did meane that wee sinne as oft as euer wee goe about any thing , without an expresse intent and purpose to obey god therein . he saith of himselfe , i do in all things please all men , seeking not mine owne commoditie , but rather the good of many , that they may be saued . shall it hereupon be thought , that s. paule did not moue eyther hand or foote , but with expresse intent euen thereby to further the common saluation of men ? we moue , we sleepe , wee take the cuppe at the hand of our friend , a number of thinges we oftentimes doe , onely to satisfie some naturall desire , without present expresse and actuall reference vnto any commaundement of god. vnto his glory euen these thinges are done which we naturally performe , and not onely that which morally and spiritually we doe . for by euery effect proceeding from the most concealed instincts of nature , his power is made manifest . but it doth not therefore follow , that of necessitie we shall sinne , vnlesse we expressely intend this in euery such particular . but be it a thing which requireth no more then onely our generall presupposed willingnesse to please god in all things ; or be it a matter wherein wee cannot so glorifie the name of god as we should , without an actuall intent to doe him in that particular some speciall obedience : yet for any thing there is in this sentence alleaged to the contrarie , god may be glorified by obedience , and obeyed by performance of his will , and his will be performed with an actuall intelligent desire to fulfill that lawe which maketh knowne what his will is , although no speciall clause or sentence of scripture bee in euery such action set before mens eyes to warrant it . for scripture is not the onely lawe whereby god hath opened his will touching all thinges that may be done ; but there are other kindes of lawes which notifie the will of god , as in the former booke hath beene prooued at large : nor is there any law of god , whereunto he doth not account our obedience his glory . doe therefore all thinges vnto the glory of god ( saith the apostle ) , be inoffensiue both to the iewes and graecians , and the church of god ; euen as i please all men in all thinges , not seeking mine owne commoditie , but manies that they may be saued . in the least thing done disobediently towardes god , or offensiuely against the good of men , whose benefite wee ought to seeke for as for our owne , we plainely shew that we doe not acknowledge god to be such as indeede he is , and consequently that we glorifie him not . this the blessed apostle teacheth : but doth any apostle teach , that we cannot glorifie god otherwise , then onely in doing what wee finde that god in scripture commaundeth vs to doe ? the churches dispersed amongest the heathen in the east part of the world , are by the apostle s. peter exhorted , to haue their conuersation honest amongest the gentiles , that they which spake euill of them as of euill doers , might by the good workes which they should see , glorifie god in the day of visitation . as long as that which christians did was good , and no way subiect vnto iust reproofe ; their vertuous conuersation was a meane to worke the heathens conuersion vnto christ. seeing therefore this had beene a thing altogether impossible , but that infidels themselues did discerne , in matters of life and conuersation , when beleeuers did well , and when otherwise ; when they glorified their heauenly father , and when not : it followeth that some thinges wherein god is glorified , may be some other way knowne , then onely by the sacred scripture ; of which scripture the gentiles being vtterly ignorant , did notwithstanding iudge rightly of the qualitie of christian mens actions . most certaine it is that nothing but onely sinne , doth dishonour god. so that to glorifie him in all things ; is to do nothing whereby the name of god may be blasphemed ; nothing whereby the saluation of iew or grecian or any in the church of christ may be let or hindered ; nothing wherby his law is transgrest . but the question is , whether onely scripture do shewe whatsoeuer god is glorified in . and though meates and drinkes be said to be sanctified by the worde of god , and by prayer : yet neither is this a reason sufficient to prooue , that by scripture wee must of necessitie be directed in euery light and common thing which is incident into any part of mans life . onely it sheweth that vnto vs the worde , that is to say , the gospell of christ , hauing not deliuered any such difference of thinges cleane and vncleane , as the law of moses did vnto the iewes ; there is no cause but that we may vse indifferently all thinges , as long as wee doe not ( like swine ) take the benefite of them , without a thankefull acknowledgement of his liberalitie and goodnesse , by whose prouidence they are inioyed : and therefore the apostle gaue warning before hand to take heede of such as should inioyne to abstaine from meates , which god hath created to be receiued with thankes-giuing , by them which beleeue and know the truth . for euery creature of god is good , and nothing to be refused , if it be receiued with thankesgiuing , because it is sanctified by the word of god and praier . the gospell by not making many thinges vncleane , as the lawe did , hath sanctified those thinges generally to all , which particularly each man vnto himselfe must sanctifie by a reuerend and holy vse : which will hardly be drawne so farre , as to serue their purpose , who haue imagined the word in such sort to sanctifie all thinges , that neither foode can bee tasted , nor rayment put on , nor in the world any thing done , but this deede must needes be sinne in them , which do not first knowe it appointed vnto them by scripture before they do it . but to come vnto that which of all other things in scripture is most stood vpon ; that place of s. paule they say , is of all other most cleare , where speaking of those thinges which are called indifferent , in the ende he concludeth , that whatsoeuer is not of faith , is sinne . but faith is not but in respect of the worde of god. therefore whatsoeuer is not done by the worde of god , is sinne . whereunto wee aunswere , that albeit the name of faith being properly and strictly taken , it must needes haue reference vnto some vttered worde , as the obiect of beliefe : neuerthelesse sith the ground of credite is the credibilitie of thinges credited ; and things are made credible , eyther by the knowne condition and qualitie of the vtterer , or by the manifest likelihood of truth which they haue in thēselues ; hereupon it riseth , that whatsoeuer we are perswaded of , the same we are generally said to beleeue . in which generalitie , the obiect of faith may not so narrowly be restrained , as if the same did extend no further then to the onely scriptures of god. though ( saith our sauiour ) ye beleeue not me , beleeue my workes ; that ye may know and beleeue that the father is in me , and i in him . the other disciples said vnto thomas , we haue seene the lord ; but his aunswere vnto them was , except i see in his hands the print of the nailes , and put my finger into them , i will not beleeue . can there be any thing more plaine , then that which by these two sentences appeareth , namely that there may be a certaine beliefe grounded vpon other assurance then scripture ; any thing more cleare , then that we are said not onely to beleeue the thinges which we knowe by anothers relation , but euen whatsoeuer we are certainly perswaded of , whether it be by reason , or by sense ? for as much therefore as a it is graunted , that s. paule doth meane nothing else by fayth , but onely a full perswasion that that which we doe is well done ; against which kinde of faith or perswasion , as s. paule doth count it sinne to enterprise any thing , b so likewise some of the very heathen haue taught , as tully , that nothing ought to be done whereof thou doubtest whether it be right or wrōg ; wherby it appeareth that euen those which had no knowledge of the word of god , did see much of the equitie of this which the apostle requireth of a christian man : i hope we shall not seeme altogether vnnecessarily to doubt of the soundnesse of their opinion , who thinke simply that nothing but onely the word of god , can giue vs assurance in any thing wee are to doe , and resolue vs that we doe well . for might not the iewes haue beene fully perswaded that they did well to thinke ( if they had so thought ) that in christ god the father was , although the onely ground of this their faith , had beene the wonderfull workes they saw him do ? might not , yea did not thomas fully in the end perswade himselfe , that he did well to thinke that body , which now was raised , to bee the same which had bene crucified ? that which gaue thomas this assurance was his sense ; thomas because thou hast seene , thou beleeuest , saith our sauiour . what scripture had tully for his assurance ? yet i nothing doubt but that they who alleage him , thinke hee did well to set downe in writing a thing so consonant vnto truth . finally , wee all beleeue that the scriptures of god are sacred , and that they haue proceeded from god ; our selues wee assure that wee doe right well in so beleeuing . wee haue for this point a demonstration sound and infallible . but it is not the worde of god which doth or possibly can assure vs , that wee doe well to thinke it his worde . for if any one booke of scripture did giue testimonie to all ; yet still that scripture which giueth credite to the rest , would require another scripture to giue credite vnto it : neither could we euer come vnto any pause whereon to rest our assurance this way : so that vnlesse besides scripture there were some thing which might assure vs that we do well , we could not thinke we do well , no not in being assured that scripture is a sacred and holy rule of well doing . on which determination we might be contented to stay our selues without further proceeding herein , but that we are drawne on into larger speech by reason of their so great earnestnes , who beate more and more vpon these last alleaged words , as being of all other most pregnant . whereas therefore they still argue , that wheresoeuer faith is wanting , there is sinne , and in euery action not commaunded , faith is wanting ; ergo in euery action not commaunded , there is sinne : i would demaund of them , first for as much as the nature of things indifferent is neither to be commaunded nor forbidden , but left free and arbitrarie ; how there can be any thing indifferent , if for want of faith sinne be committed , when any thing not commaunded is done . so that of necessitie they must adde somewhat , and at leastwise thus set it downe : in euery action not commaunded of god , or permitted with approbation , faith is wanting , and for want of faith there is sinne . the next thing we are to enquire is , what those things be which god permitteth with approbation , and how we may know them to be so permitted . when there are vnto one ende sundrie meanes , as for example , for the sustenance of our bodies many kindes of foode , many sorts of rayment to cloathe our nakednesse , and so in other things of like condition : here the end it selfe being necessary , but not so any one meane thereunto ; necessarie that our bodies should be both fed and cloathed , howbeit no one kinde of foode or rayment necessary ; therefore we hold these things free in their owne nature and indifferent . the choice is left to our owne discretion , except a principall bond of some higher dutie remoue the indifferencie that such thinges haue in themselues . their indifferencie is remoued , if eyther wee take away our owne libertie , as anantas did , for whome to haue solde or helde his possesions it was indifferent , till his solemne vow and promise vnto god had strictly bound him one onely way : or if god himselfe haue precisely abridged the same , by restraining vs vnto , or by barring vs from , some one or moe things of many , which otherwise were in themselues altogether indifferent . many fashions of priestly attire there were , wherof aaron and his sonnes might haue had their free choice without sinne , but that god expressely tied them vnto one . all meates indifferent vnto the iewe , were it not that god by name excepted some , as swines flesh . impossible therefore it is we should otherwise thinke , then that what thinges god doth neither commaund nor forbid , the same he permitteth with approbation either to be done or left vndone . all thinges are lawfull vnto mee , saith the apostle , speaking as it seemeth , in the person of the christian gentile for maintenance of libertie in thinges indifferent : whereunto his answere is , that neuerthelesse all thinges are not expedient ; in thinges indifferent there is a choice , they are not alwayes equally expedient . now in thinges although not commaunded of god , yet lawfull because they are permitted , the question is , what light shall shewe vs the conueniencie which one hath aboue another . for answere , their finall determination is , that whereas the heathen did send men for the difference of good & euill to the light of reason , in such things the apostle sendeth vs to the schoole of christ in his word , which onely is able through faith to giue vs assurance and resolution in our doings . which word only , is vtterly without possibilitie of euer being proued . for what if it were true concerning things indifferent , that vnlesse the word of the lord had determined of the free vse of them , there could haue bene no lawfull vse of them at all ; which notwithstanding is vntrue , because it is not the scriptures setting downe such thinges as indifferent , but their not setting downe as necessarie that doth make them to be indifferent : yet this to our present purpose serueth nothing at all . wee inquire not now whether any thing be free to be vsed , which scripture hath not set downe as free : but concerning things knowne and acknowledged to be indifferent , whether particularly in choosing any one of them before another we sinne , if any thing but scripture direct vs in this our choice . when many meates are set before me , all are indifferent , none vnlawfull ; i take one as most conuenient . if scripture require me so to do , then is not the thing indifferent , because i must do what scripture requireth . they are all indifferent , i might take any , scripture doth not require of me to make any speciall choice of one : i doe notwithstanding make choice of one , my discretion teaching me so to doe . a hard case , that hereupon i should be iustly condemned of sinne . nor let any man thinke , that following the iudgement of naturall discretion in such cases , we can haue no assurance that we please god. for to the author and god of our nature , how shall any operation proceeding in naturall sort bee in that respect vnacceptable ? the nature which himselfe hath giuen to worke by , he cannot but be delighted with , when wee exercise the same any way with●ut commaundement of his to the contrarie . my desire is to make this cause so manifest , that if it were possible , no doubt or scruple concerning the same might remaine in any mans cogitation . some truthes there are , the veritie whereof time doth alter : as it is now true that christ is risen from the dead ; which thing was not true at such time as christ was liuing on earth , and had not suffered . it would be knowne therefore , whether this which they teach concerning the sinfull staine of all actions not commanded of god , be a truth that doth now appertaine vnto vs only , or a perpetuall truth , in such sort that from the first beginning of the world vnto the last consummation thereof , it neither hath bene , nor can be otherwise . i see not how they can restraine this vnto any particular time , how they can thinke it true now and not alwaies true , that in euery action not commanded there is for want of faith sinne . then let them cast backe their eyes vnto former generations of men , and marke what was done in the prime of the world . seth , enoch , noah , sem , abraham , iob , and the rest that liued before any syllable of the lawe of god was written , did they not sinne as much as we doe in euery action not commaunded ? that which god is vnto vs by his sacred word , the same he was vnto them by such like meanes as eliphas in iob describeth . if therefore we sinne in euery action which the scripture commaundeth vs not , it followeth that they did the like in all such actions as were not by reuelation from heauen exacted at their hands . vnlesse god from heauen did by vision still shew them what to doe , they might do nothing , not eate , not drinke , not sleepe , not moue . yea but euen as in darkenes candle light may serue to guide mens steps , which to vse in the day were madnes ; so when god had once deliuered his lawe in writing , it may bee they are of opinion , that then it must needes bee sinne for men to doe any thing , which was not there commaunded them to do , whatsoeuer they might do before . let this be graunted , and it shall here upon plainely ensue , either that the light of scripture once shining in the world , all other light of nature is ther with in such sort drowned , that now we need it not , neither may we longer vse it ; or if it stand vs in any stead , yet as aristotle speaketh of men whom nature hath framed for the state of seruitude , saying they haue reason so farre forth as to conceiue when others direct them , but litle or none in directing themselues by themselues , so likewise our naturall capacity and iudgement must serue vs only for the right vnderstanding of that which the sacred scripture teacheth . had the prophets who succeeded moses , or the blessed apostles which followed them , bene setled in this perswasion , neuer would they haue taken so great paines in gathering together naturall arguments , thereby to teach the faithfull their duties . to vse vnto thē any other motiue then scriptum est , thus it is written ▪ had bene to teach them other grounds of their actions then scripture ; which i graunt they alleage commonly , but not only . only scripture they should haue alleaged , had they bene thus perswaded , that so far forth we do sinne , as we do any thing otherwise directed then by ●cripture . saint augustine was resolute in points of christianity to credit none , how godly and learned soeuer he were , vnlesse he confirmed his sentence by the scriptures , or by some reason not contrary to them . let them therfore with saint augustine reiect and condemne that which is not grounded either on the scripture , or on some reason not contrary to scripture ▪ and we are ready to giue them our hands in token of friendly consent with them . but against this it may be obiected , and is , that the fathers do nothing more vsually in their books , then draw arguments from the scripture negatiuely in reproofe of that which is euill ; scriptures teach it not , auoid it therefore ; these disputes with the fathers are ordinary , neither is it hard to shew that the prophets themselues haue so reasoned . which arguments being sound and good , it should seeme that it cannot be vnsound or euill to hold still the same assertion against which hitherto we haue disputed . for if it stand with reason thus to argue , such a thing is not taught vs in scripture , therefore we may not receiue or allow it ; how should it seeme vnreasonable to thinke , that whatsoeuer we may lawfully do , the scripture by commanding it must make it lawful . but how far such arguments do reach , it shall the better appeare by considering the matter wherein they haue bene vrged . first therefore this we constantly deny , that of so many testimonies as they are able to produce for the strength of negatiue arguments , any one doth generally ( which is the point in question ) condemne either all opinions as false , or all actions as vnlawfull , which the scripture teacheth vs not . the most that can be collected out of thē is onely , that in some cases a negatiue argument taken from scripture is strong ; whereof no man indued with iudgement can doubt . but doth the strength of some negatiue argumen● proue this kind of negatiue argument strong , by force whereof all things are denied which scripture affirmeth not , or all things which scripture prescribeth not , condemned ▪ the question betweene vs is concerning matter of action , what things are lawfull or vnlawfull for men to do . the sentences alleaged out of the fathers , are as peremptory and as large in euery respect for matter of opinion , as of action ▪ which argueth that in truth they neuer meant any otherwise to tye the one then the other vnto scripture , bothe being thereunto equally tyed , as far as each is required in the same kind of necessitie vnto saluation . if therefore it be not vnlawful to know , and with full perswasion to belieue , much more then scripture alone doth teach ; if it be against all sense and reason to condemne the knowledge of so many arts and sciences as are otherwise learned then in holy scripture , notwithstanding the manifest speeches of auncient catholike fathers , which seeme to close vp within the bosome thereof all manner good and lawfull knowledge ▪ wherefore should their words be thought more effectuall , to shew that we may not in deedes and practise , then they are to proue that in speculation and knowledge , we ought not to go any farther then the scripture ? which scripture being giuen to teach matters of beliefe no lesse then of action ▪ the fathers must needs be , and are euen as plaine against credit , besides the relation ; as against practise , without the iniunction of the scripture . saint augustine hath sayd , whether it be question of christ , or whether it be question of his church , or of what thing soeuer the question be ; i say not if we , but if an angell from heauen shall tell vs any thing beside that you haue receiued in the scripture vnder the law and the gospel , let him be accursed . in like sort tertullian , we may not giue our selues this liberty to bring in any thing of our will , nor choose any thing that other men bring in of their will ; we haue the apostles themselues for authors , which themselues brought nothing of their owne wil , but the discipline which they receiued of christ they deliuered faithfully vnto the people . in which place , the name of discipline importeth not as they who alleage it would faine haue it construed ; but as any man who noteth the circumstance of the place , and the occasion of vttering the words , will easily acknowledge ; euen the selfe same thing it signifieth which the name of doctrine doth , and as well might the one as the other there haue bene vsed . to helpe them farther , doth not saint ierome after the selfe same maner dispute , we beleeue it not because we reade it not ? yea , we ought not so much as to knowe the things which the booke of the lawe containeth not , sayth saint hilarie . shall we hereupon then conclude that we may not take knowledge of , or giue credit vnto any thing , which sense or experience or report or art doth propose , vnlesse we find the same in scripture ? no , it is too plaine that so farre to extend their speeches , is to wrest them against their true intent and meaning . to vrge any thing vpon the church , requiring thereunto that religious assent of christian beliefe , wherewith the words of the holy prophets are receiued ; to vrge any thing as part of that supernaturall and celestially reuealed truth which god hath taught , and not to shewe it in scripture , this did the auncient fathers euermore thinke vnlawfull , impious , execrable . and thus as their speeches were meant , so by vs they must be restrained . as for those alleaged words of cyprian , the christian religion shall find , that out of this scripture , rules of all doctrines haue spr●ng , and that from hence doth spring and hether doth returne whatsoeuer the ecclesiasticall discipline doth cōteine : surely this place would neuer haue bin brought forth in this cause , if it had bene but once read ouer in the author himselfe out of whom it is cited . for the words are vttered concerning that one principall commaundement of loue , in the honour whereof he speaketh after this sort : surely this commaundement containeth the law and the prophets , and in this one word is the abridgement of al the volumes of scripture . this nature and reason and the authority of thy word o lord doth proclaime , this we haue heard out of thy mouth , herein the perfection of all religion doth consist . this is the first commandement and the last : thing being written in the booke of life , is ( as it were ) an euerlasting lesson both to men and angels . let christian religion reade this one word , and meditate vpon this commaundement , and out of this scripture it shall find the rules of all learning to haue sprung , and from hence to haue risen , and hither to returne , whatsoeuer the ecclesiasticall discipline containeth ; and that in all things it is vaine and bootelesse which charity confirmeth not . was this a sentence ( trow you ) of so great force to proue that scripture is the onely rule of all the actions of men ? might they not hereby euen as well proue , that one commandement of scripture is the onely rule of all things , and so exclude the rest of the scripture , as now they do all meanes besides scripture ? but thus it fareth when too much desire of contradiction causeth our speech rather to passe by number , then to stay for waight . well , but tertullian doth in this case speake yet more plainely : the scripture ▪ sayth he , denieth what it noteth not : which are indeed the words of tertullian . but what ? the scripture reckoneth vp the kings of israell , and amongst those kings dauid : the scripture reckoneth vp the sonnes of dauid , and amongst those sonnes salomon . to proue that amongst the kings of israell there was no dauid but only one , no salomon but one in the sonnes of dauid , tertullians argument will fitly proue . for in as much as the scripture did propose to recken vp all , if there were moe it would haue named them . in this case the scripture doth deny the thing it noteth not . howbeit i could not but thinke that man to do me some peece of manifest iniury , which would hereby fasten vpon me a generall opinion , as if i did thinke the scripture to deny the very raigne of king henry the eight , because it no where noteth that any such king did raigne . tertullians speech is probable concerning such matter as he there speaketh of . there was , saith tertullian , no second lamech like to him that had two wiues ; the scripture denieth what it noteth not . as therefore it noteth one such to haue bene in that age of the world ; so had there beene moe , it would by likelihood as well haue noted many as one . what infer we now hereupon ? there was no second lamech ; the scripture denieth what it noteth not . were it consonant vnto reason to diuorce these two sentences , the former of which doth shew how the later is restrained ; and not marking the former , to conclude by the later of them , that simply whatsoeuer any man at this day doth thinke true , is by the scripture denied , vnlesse it be there affirmed to be true ? i wonder that a cause so weake and feeble hath bene so much persisted in . but to come vnto those their sentences wherein matters of action are more apparantly touched ; the name of tertullian is as before , so here againe pretended ; who writing vnto his wife two bookes , and exhorting her in the one to liue a widdow , in case god before her should take him vnto his mercy ; and in the other , if she did marry , yet not to ioyne her selfe to an infidel , as in those times some widowes christian had done for the aduancement of their estate in this present world , he vrgeth very earnestly saint paules words , onely in the lord : whereupon he demaundeth of them that thinke they may do the contrary , what scripture they can shew where god hath dispensed and graunted licence to do against that which the blessed apostle so strictly doth inioyne . and because in defence it might perhaps be replied , seeing god doth will that couples which are maried when bothe are infidels , if either party chaunce to be after conuerted vnto christianity , this should not make separation betweene them , as long as the vnconuerted was willing to reteine the other on whom the grace of christ had shined ; wherefore then should that let the making of mariage , which doth not dissolue mariage being made ? after great reasons shewed why god doth in conuerts being maried allow continuance with infidels , and yet disallow that the faithfull when they are free should enter into bonds of wedlocke with such , concludeth in the end concerning those women that so mary , they that please not the lord , do euen thereby offend the lord , they do euen thereby throw themselues into euill : that is to say , while they please him not by marying in him , they do that whereby they incurre his displeasure , they 〈◊〉 an offer of themselues into the seruice of that enemy with whose seruants they linke themselues in so neere a bond . what one syllable is there in all this , preiudiciall any way to that which we hold ? for the words of tertullian as they are by them alleaged , are two wayes misunderstood ; both in the former part , where that is extended generally to all things in the neuter gender , which he speaketh in the feminine gender of womens persons ; and in the later , where receiued with hurt , is put in stead of wilfull incurring that which is euill . and so in summe tertullian doth neither meane nor say as is pretended , whatsoeuer pleaseth not the lord displeaseth him , and with hurt is receiued ; but those women that please not the lord by their kind of marying , do euen thereby offend the lord , they do euen thereby throw themselues into euill . somewhat more shew there is in a second place of tertullian , which notwithstanding , when we haue examined it , will be found as the rest are . the romaine emperours custome was at certaine solemne times to bestowe on his souldiers a donatiue ; which donatiue they receiued , wearing garlands vpon their heads . there were in the time of the emperors seuerus and antoninus , many who being souldiers , had bene conuerted vnto christ , and notwithstanding continued still in that militarie course of life . in which number , one man there was amongst all the rest , who at such a time comming to the tribune of the army to receiue his donatiue , came but with a garland in his hand , and not in such sort as others did . the tribune offended hereat demaundeth , what this great singularitie should meane . to whom the souldier , christianus sum , i am a christian. many there were so besides him , which yet did otherwise at that time ; whereupon grew a question , whether a christian souldier might herein do as the vnchristian did , and weare ●s they wore . many of them which were very sound in christian beliefe , did rather commend the zeale of this man , then approue his action . tertullian was at the same time a montanist , and an enemy vnto the church for condemning that propheticall spirite , which monta●●s and his followers did boast they had receiued ; as if in them christ had performed his last promise ; as if to them he had sent the spirit that should be their perfecter and finall instructer in the mysteries of christian truth . which exulceration of mind made him apt to take all occasions of contradiction . wherefore in honour of that action , and to gall their minds who did not so much commend it , he wrote his booke de corona militis , not dissembling the stomacke wherewith he wrote it . for first the man he commendeth as one more constant then the rest of his brethren , who presumed , sayth he , that they might well enough serue two lords . afterwards choller somewhat more rising within him , he addeth , it doth euen remaine that they should also deuise how to rid themselues of his martyrdomes , towards the prophecies of whose holy spirit they haue already shewed their disdaine . they mutter that their good and long peace is now in hazard . i doubt not but some of them send the scriptures before , trusse vp bagge and baggage , make themselues in a readinesse , that they may flye from citie to citie . for that is the only point of the gospell which they are carefull not to forget . i knowe euen their pastors very well what men they are , in peace lions , harts in time of trouble and feare . now these men , saith tertullian , they must be aunswered where we do find it written in scripture that a christian man may not weare a garland . and as mens speeches vttered in heate of distempered affection , haue often times much more egernes then waight ; ●o he that shall marke the proofes alleaged , and the answers to things obiected in the booke , will now and then perhaps espie the like imbecillity . such is that argument whereby they that wore on their heads garlands , are charged as transgressors of natures lawe , and guilty of sacrilege against god the lord of nature , in as much as flowers in such sort worne , can neither be smelt nor seene well by those that weare them ▪ and god made flowers sweet and beautifull , that being seene and smelt vnto , they might so delight . neither doth tertullian bewray this weaknes in striking only , but also in repelling their strokes with whom he contendeth . they aske sayth he , what scripture is there which doth teach that we should not be crowned ? and what scripture is there which doth teach that we should ? for in requiring on the contrary part the aide of scripture , they do giue sentence before hand that their part ought also by scripture to be aided . which answer is of no great force . there is no necessitie , that if i confesse i ought not to do that which the scripture forbiddeth me , i should thereby acknowledge my selfe bound to do nothing which the scripture commandeth me not . for many inducements besides scripture may leade me to that , which if scripture be against , they all giue place , and are of no value ▪ yet otherwise are strong and effectuall to perswade . vvhich thing himselfe well enough vnderstanding , and being not ignorant that scripture in many things doth neither commaund nor forbid , but vse silence ; his resolution in fine is ; that in the church a number of things are strictly obserued ▪ whereof no law of scripture maketh mention one way or other ; that of things once receiued and confirmed by vse , long vsage is a law sufficient ; that in ciuill affaires when there is no other law ▪ custome it selfe doth stand for lawe ; that in as much as law doth stand vpon reason , to alleage reason serueth as well as to cite scripture ; that whatsoeuer is reasonable , the same is lawfull whosoeuer is author of it ; that the authoritie of custome is great ; finally that the custome of christians was then and had bene a long time not to weare garlands , and therefore that vndoubtedly they did offend , who presumed to violate such a custome by not obseruing that thing , the very inueterate obseruation whereof was a law sufficient to bind all men to obserue it , vnlesse they could shew some higher law , some law of scripture to the cōtrary . this presupposed , it may stand then very well with strength and soundnesse of reason , euen thus to answer ; whereas they aske what scripture forbiddeth them to weare a garland , we are in this case rather to demaund what scripture commandeth them . they cannot here alleage that it is permitted which is not forbidden them : no , that is forbidden them which is not permitted . for long receiued custome forbidding them to do as they did ( if so be it did forbid them ) there was no excuse in the world to iustifie their act , vnlesse in the scripture they could shewe some lawe , that did licence them thus to breake a receiued custome . now whereas in all the bookes of tertullian besides , there is not so much found as in that one , to proue not onely that we may do , but that we ought to do sundry things which the scripture commaundeth not ; out of that verie booke these sentences are brought to make vs belieue that tertullian was of a cleane contrary minde . we cannot therefore hereupon yeeld , we cannot graunt , that hereby is made manifest the argument of scripture negatiuely to be of force , not only in doctrine and ecclesiasticall discipline , but euen in matters arbitrary . for tertullian doth plainely hold euen in that booke , that neither the matter which he intreateth of was arbitrary but necessarie , in as much as the receaued custome of the church did tye and bind them not to weare garlands as the heathens did ; yea and further also he reckoneth vp particularly a number of things , whereof he expresly concludeth ; harum & aliarum eiusmodi disciplinarum si legem expostules scripturarum , nullam inuenies ; which is as much as if he had sayd in expresse words , many things there are which concerne the discipline of the church and the duties of men , which to abrogate and take away , the scriptures negatiuely vrged may not in any case perswade vs , but they must be obserued , yea although no scripture be found which requireth any such thing . tertullian therefore vndoubtedly doth not in this booke shew himselfe to be of the same mind with them by whom his name is pretended . but sith the sacred scriptures themselues affoord oftentimes such arguments as are taken from diuine authoritie both one way and other , the lord hath commaunded , therefore it must be ; and againe in like sort , he hath not , therefore it must not be ; some certainty concerning this point seemeth requisite to be set downe . god himselfe can neither possibly erre , nor leade into error . for this cause his testimonies , whatsoeuer he affirmeth , are alwaies truth and most infallible certainty . yea further , because the things that proceed frō him are perfect without any manner of defect or maime ; it cannot be but that the words of his mouth are absolute , & lacke nothing which they should haue , for performance of that thing whereunto they tend . wherupon it followeth , that the end being knowne wherunto he directeth his speech , the argumēt euen negatiuely is euermore strōg & forcible , cōcerning those things that are apparātly requisit vnto the same ende . as for example , god intending to set downe sundry times that which in angels is most excellent , hath not any where spoken so highly of them as he hath of our lord and sauiour iesus christ ; therefore they are not in dignitie equall vnto him . it is the apostle saint paules argument . the purpose of god was to teach his people , both vnto whom they should offer sacrifice ▪ and what sacrifice was to be offered . to burne their sonnes in fire vnto baal hee did not commaund them , he spake no such thing ▪ neither came it into his mind : therefore this they ought not to haue done . vvhich argument the prophet ieremie vseth more then once , as being so effectuall and strong , that although the thing hee reproueth were not onely not commaunded but forbidden them , and that expresly ; yet the prophet chooseth rather to charge them with the fault of making a lawe vnto themselues , then with the crime of transgressing a lawe which god had made . for when the lord hath once himselfe precisely set downe a forme of executing that wherein we are to serue him , the fault appeareth greater to do that which we are not , then not to do that which we are commaunded . in this we seeme to charge the lawe of god with hardnesse onely ▪ in that with foolishnesse ; in this we shew our selues weake and vnapt to be doers of his will , in that we take vpon vs to be controllers of his wisedome ; in this we faile to performe the thing which god seeth meete , conuenient and good , in that we presume to see what is meete and conuenient better then god himselfe . in those actions therefore the whole forme whereof god hath of purpose set downe to be obserued , we may not otherwise do then exactly as he hath prescribed ; in such things negatiue arguments are strong . againe , with a negatiue argument dauid is pressed concerning the purpose he had to build a temple vnto the lord ; thus sayth the lord , thou shalt not build me an house to dwell in . wheresoeuer i haue walked with all israell , spake i one word to any of the iudges of israel , whom i commaunded to feed my people , saying ▪ why haue ye not built me an house ? the iewes vrged with a negatiue argument touching the ayde which they sought at the hands of the king of aegypt , woe to those rebellious children ( sayth the lord ) which walke forth to go downe into aegypt , and haue not asked counsell at my mouth , to strengthen themselues with the strength of pharao . finally , the league of ioshua with the gabeonites is likewise with a negatiue argument touched . it was not as it should be : and why ? the lord gaue them not that aduise ; they sought not counsell at the mouth of the lord. by the vertue of which examples ▪ if any man should suppose the force of negatiue arguments approued , when they are taken from scripture in such sort as we in this question are pressed therewith , they greatly deceiue themselues . for vnto which of all these was it said , that they had done amisse in purposing to do , or in doing any thing at all which the scripture commanded them not ? our question is , whether all be sinne which is done without direction by scripture , and not whether the israelites did at any time amisse by following their owne minds , without asking counsell of god. no , it was that peoples singular priuiledge , a fauour which god vouchfafed them aboue the rest of the world , that in the affaires of their estate , which were not determinable one way or other by the scripture , himselfe gaue them extraordinarily direction and counsell as oft as they sought it at his hands . thus god did first by speech vnto moses ; after by vrim and thummim vnto priests ; lastly by dreames and visions vnto prophets , from whom in such cases they were to receiue the aunswere of god. concerning iosua therefore thus spake the lord vnto moses saying , he shall stand before eleazar the priest , who shall aske counsell for him by the iudgement of vrim before the lord : whereof had iosua bene mindfull , the fraud of the gabeonites could not so smoothly haue past vnespied till there was no helpe . the iewes had prophets to haue resolued them from the mouth of god himselfe , whether egyptian aides should profite them yea or no : but they thought themselues wise enough , and him vnworthy to be of their counsell . in this respect therfore was their reproofe , though sharpe , yet iust , albeit there had bene no charge precisely geuen them that they should alwayes take heed of egypt . but as for dauid , to thinke that he did euill in determining to build god a temple , because there was in scripture no commandement that he should build it , were very iniurious : the purpose of his hart was religious and godly , the act most worthy of honour and renowne ; neither could nathan choose but admire his vertuous intent , exhort him to go forward , and beseech god to prosper him therein . but god saw the endlesse troubles which dauid should be subiect vnto during the whole time of his regiment , and therefore gaue charge to differre so good a worke till the dayes of tranquilitie and peace , wherein it might without interruption be performed . dauid supposed that it could not stand with the duty which he owed vnto god , to set himselfe in an house of cedar trees , and to behold the arke of the lords couenant vnsetled . this opinion the lord abateth , by causing nathan to shew him plainely , that it should be no more imputed vnto him for a fault , then it had bene vnto the iudges of israell before him , his case being the same which theirs was , their times not more vnquiet then his , nor more vnfit for such an action . wherefore concerning the force of negatiue arguments so taken from the authority of scripture as by vs they are denied , there is in all this lesse then nothing . and touching that which vnto this purpose is borrowed frō the controuersies sometime handled betweene m. harding , and the worthiest diuine that christendome hath bred for the space of some hūdreds of yeres , who being brought vp together in one vniuersitie , it fell out in them which was spoken of two others , they learned in the same , that which in contrary cāps they did practise : of these two the one obiecting that with vs arguments taken from authority negatiuely are ouer common , the bishops answer hereunto is , that this kind of argument is thought to be good , whensoeuer proofe is taken of gods word , and is vsed not only by vs , but also by saint paul , and by many of the catholique fathers . saint paule saith , god said not vnto abraham , in thy seeds all the nations of the earth shall be blessed , but in thy seed which is christ , and thereof he thought he made a good argument . likewise sayth origen , the bread which the lord gaue vnto his disciples , saying vnto them , take and eate , he differred not , nor commanded to be reserued till the next day . such arguments origen and other learned fathers thought to stand for good , whatsoeuer misliking maister harding hath found in thē . this kind of proofe is thought to hold in gods commaundements , for that they be full and perfect , and god hath specially charged vs , that we should neither put to them , nor take fro them : and therefore it seemeth good vnto them that haue learned of christ , vnus est magister vester christus , & haue heard the voyce of god the father from heauen , ipsum au●ite . but vnto them that adde to the word of god what them listeth , and make gods will subiect vnto their will , and breake gods commaundements for their owne traditions sake , vnto them is seemeth not good . againe , the english apologie alleaging the example of the greekes how they haue neither priuate masses , nor mangled sacraments , nor purgatories , nor pardons ; it pleaseth maister harding to iest out the matter , to vse the helpe of his wits where strength of truth failed him , & to answer with scoffing at negatiues . the bishops defence in this case is , the auncient learned fathers hauing to deale with impudent heretiques , that in defence of their errors auouched the iudgement of all the old bishops and doctors that had bene before them , and the generall consent of the primitiue and whole vniuersall church , and that with as good regard of truth , and as faithfully as you do now ; the better to discouer the shamelesse boldnes & nakednes of their doctrine , were oftentimes likewise forced to vse the negatiue , & so to driue the same heretiques as we do you , to proue their affirmatiues , which thing to do it was neuer possible . the ancient father irenaeus thus stayed himselfe , as we do by the negatiue , hoc neque prophetae praedicauerunt , néque dominus docuit , néque apostoli tradiderunt , this thing neither did the prophets publish , nor our lord teach , nor the apostles deliuer . by a like negatiue chrysostome saith , this tree neither paule planted , nor apollo watered , nor god increased . in like sort leo saith , what needeth it to beleeue that thing that neither the lawe hath taught , nor the prophets haue spoken , nor the gospell hath preached , nor the apostles haue deliuered ? and againe , how are the new deuises brought in that our fathers neuer knew ? s. augustine hauing reekoned vp a great number of the bishops of rome , by a generall negatiue saith thus , in all this order of succession of bishops , there is not one bishop found that was a donatist ▪ saint gregory being himselfe a bishop of rome , and writing against the title of vniuersall bishop , saith thus , none of all my predecessors euer consented to vse this vngodly title , no bishop of rome euer tooke vpon him this name of singularity . by such negatiues , m. harding , we reproue the vanity and nouelty of your religion ; we tell you none of the catholique ancient learned fathers either greeke or latine euer vsed either your priuate masse , or your halfe communion , or your barbarous vnknowne prayers . paule neuer planted them , apollo neuer watered them , god neuer increased them , they are of your selues , they are not of god. in all this there is not a syllable which any way crosseth vs. for cōcerning arguments negatiue euen taken from humane authority● , they are here proued to be in some cases very strong and forcible . they are not in our estimation idle reproofes , when the authors of needlesse innouations are opposed with such negatiues , as that of leo , how are these new deuises brought in which our fathers neuer knew ? when their graue and reuerend superiours do recken vp vnto them , as augustine did vnto the donatists , large catalogues of fathers wondered at for their wisdome , piety , and learning , amongst whom for so many ages before vs , no one did euer so thinke of the churches affaires , as now the world doth begin to be perswaded ; surely by vs they are not taught to take exception hereat , because such arguments are negatiue . much lesse when the like are taken from the sacred authority of scripture , if the matter it selfe do beare them . for in truth the question is not , whether an argument from scripture negatiuely may be good , but whether it be so generally good , that in all actions men may vrge it . the fathers i graunt do vse very generall and large tearmes , euen as hiero the king did in speaking of archimedes , from henceforward whatsoeuer archimedes speaketh , it must be belieued . his meaning was not that archimedes could simply in nothing be deceiued , but that he had in such sort approued his skill , that he seemed worthy of credit for euer after in matters appertaining vnto the science he was skilfull in . in speaking thus largely it is presumed , that mens speeches will be taken according to the matter whereof they speake . let any man therefore that carieth indifferency of iudgement , peruse the bishops speeches , and consider well of those negatiues concerning scripture , which he produceth out of irenaeus , chrysostome , & leo ; which three are chosen from amongst the residue , because the sentences of the others ( euen as one of theirs also ) do make for defence of negatiue arguments taken from humane authority , and not from diuine onely . they mention no more restraint in the one then in the other : yet i thinke themselues will not hereby iudge , that the fathers tooke both to be strong , without restraint vnto any speciall kind of matter wherein they held such arguments forcible . nor doth the bishop either say or proue any more , then that an argument in some kinds of matter may be good , although taken negatiuely from scripture . an earnest desire to draw all things vnto the determination of bare and naked scripture , hath caused here much paines to be taken in abating the estimation and credite of man. which if we labour to maintaine as farre as truth and reason will beare , let not any thinke that we trauaile about a matter not greatly needful . for the scope of all their pleading against mans authoritie is , to ouerthrowe such orders , lawes , and constitutions in the church , as depending thereupon if they should therefore be taken away , would peradueture leaue neither face nor memory of church to continue long in the world , the world especially being such as now it is . that which they haue in this case spoken , i would for breuities sake let passe , but that the drift of their speech being so dangerous , their words are not to be neglected . wherefore to say that simply an argument taken from mans authority doth hold no way , neither affirmatiuely nor negatiuely , is hard . by a mans authority we here vnderstād , the force which his word hath for the assurance of anothers mind that buildeth vpon it ; as the apostle somewhat did vpon their report of the house of cloe , and the samaritanes in a matter of farre greater moment vpon the report of a simple woman . for so it is sayd in saint iohns gospell , many of the samaritans of that city belieued in him for the saying of the woman , which testified , he hath told me all things that euer ▪ i did . the strength of mans authority is affirmatiuely such , that the waightiest affaires in the world depend ther●on . in iudgement and iustice are not herevpon proceedings grounded ? sayth not the law that in the mouth of two or three witnesses euery word shal be confirmed ? this the law of god would not say , if there were in a mans testimony no force at all to prooue any thing . and if it be admitted that in matter of fact there is some credite to be giuen to the testimonie of man , but not in matter of opinion and iudgement ; we see the contrary both acknowledged and vniuersally practised also throughout the world . the sentences of wise and expert men were neuer but highly esteemed . let the title of a mans right be called in question ; are we not bold to relie and build vpon the iudgement of such as are famous for their skill in the lawes of this land ? in matter of state , the waight many times of some one mans authority is thought reason sufficient , euen to sway ouer whole nations . and this not onely with the simpler sort ; but the learneder and wiser we are , the more such arguments in some cases preuaile with vs. the reason why the simpler sort are mooued with authority , is the conscience of their owne ignorance ; whereby it commeth to passe , that hauing learned men in admiration , they rather feare to dislike them , then know wherefore they should allow and follow their iudgements . contrariwise with them that are skilfull , authority is much more strong and forcible ; because they only are able to discerne how iust cause there is , why to some mens authority so much should be attributed . for which cause the name of hippocrates ( no doubt ) were more effectuall to perswade euen such men as galen himselfe , then to moue a silly empiricke . so that the very selfe same argument in this kind which doth but induce the vulga● sort to like , may constraine the wiser to yeeld . and therefore not orators only with the people , but euen the very profoundest disputers in all faculties haue hereby often with the best learned preuailed most . as for arguments taken from humaine authority and that negatiuely ; for example sake , if we should thinke the assembling of the people of god together by the sound of a bell , the presenting of infants at the holy font by such as commonly we call their godfathers , or any other the like receiued custome to be impious , because some men of whom we thinke very reuerendly , haue in their bookes and writings no where mentioned nor taught that such things should be in the church ; this reasoning were subiect vnto iust reproofe , it were but feeble , weake and vnsound . notwithstanding euen negatiuely an argument from humaine authority may be strong , as namely thus ; the chronicles of england mention no moe then onely sixe kings bearing the name of edward , since the time of the last conquest ; therefore it cannot be there should be moe . so that if the question be of the authority of a mans testimony , we cannot simply auouch , either that affirmatiuely it doth not any way hold , or that it hath only force to induce the simpler sort , and not to constraine men of vnderstanding and ripe iudgement to yeeld assent , or that negatiuely it hath in it no strength at all . for vnto e●uery of these the contrary is most plaine . neither doth that which is alleaged concerning the infirmitie of men , ouerthrow or disproue this . men are blinded with ignorance and errour ; many things may escape them , and in many things they may bee deceiued ; yea those things which they do knowe , they may either forget , or vpon sundry indirect considerations let passe ; and although themselues do not erre , yet may they through malice or vanity , euen of purpose deceiue others . howbeit infinite cases there are wherein all these impediments and lets are so manifestly excluded , that there is no shew or colour whereby any such exception may be taken , but that the testimony of man will stand as a ground of infallible assurance . that there is a city of rome , that pius quintus and gregory the . and others haue beene popes of rome , i suppose we are certainely enough perswaded . the ground of our perswasion , who neuer saw the place nor persons before named , can be nothing but mans testimony . will any man here notwithstanding alleage those mentioned humaine infirmities , as reasons why these things should be mistrusted or doubted of ? yea that which is more , vtterly to infringe the force and strength of mans testimony , were to shake the very fortresse of gods truth . for whatsoeuer we beleeue concerning saluation by christ , although the scripture be therein the ground of our beliefe ; yet the authority of man is if we marke it the key , which openeth the dore of entrance into the knowledge of the scripture . the scripture could not teach vs the things that are of god , vnlesse we did credite men who haue taught vs that the words of scripture do signifie those things . some way therefore , notwithstanding mans infirmitie , yet his authority may enforce assent . vpon better aduise and deliberation so much is perceiued , and at the length confest , that arguments taken from the authority of men may not onely so farre forth as hath bene declared , but further also be of some force in humaine sciences ; which force be it neuer so smal , doth shew that they are not vtterly naught . but in matters diuine it is still maintained stifly , that they haue no manner force at all . howbeit the very selfe same reasō , which causeth to yeeld that they are of some force in the one , will at the length constraine also to acknowledge , that they are not in the other altogether vnforcible . for if the naturall strength of mans wit may by experience and study attaine vnto such ripenes in the knowledge of things humaine , that men in this respect may presume to build somewhat vpon their iudgement ; what reason haue we to thinke but that euen in matters diuine , the like wits furnisht with necessary helpes , exercised in scripture with like diligence , and assisted with the grace of almighty god , may growe vnto so much perfection of knowledge , that men shall haue iust cause , when any thing pertinent vnto faith and religion is doubted of , the more willingly to incline their mindes towards that which the sentence of so graue , wise , and learned in that faculty shal iudge most sound . for the controuersie is of the waight of such mens iudgements . let it therefore be suspected , let it be taken as grosse , corrupt , repugnant vnto the truth , whatsoeuer concerning things diuine aboue nature shall at any time be spoken as out of the mouthes of meere naturall men , which haue not the eyes wherwith heauenly thinges are discerned . for this we contend not . but whom god hath indued with principall giftes to aspire vnto knowledge by , whose exercises , labours , and diuine studies he hath so bles● , that the world for their great and rare skill that way , hath them in singular admiration ; may wee reiect euen their iudgement likewise , as being vtterly of no moment ? for mine owne part i dare not so lightly esteeme of the church , and of the principall pillars therein . the truth is , that the minde of man desireth euermore to knowe the truth according to the most infallible certaintie which the nature of thinges can yeeld . the greatest assurance generally with all men , is that which we haue by plaine aspect and intuitiue beholding . where we cannot attaine vnto this ; there what appeareth to bee true by strong and inuincible demonstration , such as wherein it is not by any way possible to be deceiued , thereunto the minde doth necessarily assent , neither is it in the choice thereof to do otherwise . and in case these bothe do faile ; then which way greatest probabilitie leadeth , thither the mind doth euermore incline . scripture with christiā men being receiued as the word of god , that for which we haue probable , yea that which we haue necessary reason for , yea that which wee see with our eyes is not thought so sure , as that which the scripture of god teacheth ; because wee hold that his speech reuealeth there what himselfe seeth , & therefore the strongest proofe of all , and the most necessarily assented vnto by vs ( which do thus receiue the scripture , ) is the scripture . now it is not required or can bee exacted at our handes , that we should yeeld vnto any thing other assent , then such as doth answere the euidence which is to be had of that we assent vnto . for which cause euen in matters diuine , concerning some thinges we may lawfully doubt and suspend our iudgement , inclining neither to one side or other , as namely touching the time of the fall both of man and angels ; of some thinges we may very well retaine an opinion that they are probable & not vnlikely to be true , as whē we hold that men haue their soules rather by creation then propagation , or that the mother of our lord liued alwaies in the state of virginitie as well after his birth as before ( for of these two , the one her virginitie before , is a thing which of necessitie we must belieue ; the other her continuance in the same state alwaies , hath more likelihood of truth then the contrary ; ) finally in all things then are our consciences best resolued , and in most agreeable sort vnto god and nature fe●ed , when they are so farre perswaded as those groundes of perswasion which are to be had will beare . which thing i doe so much the rather set downe , for that i see how a number of soules are , for want of right informatiō in this point , oftentimes grieuously vexed . when bare and vnbuilded conclusions are put into their mindes , they finding not themselues to haue therof any great certaintie , imagine that this proceedeth only from lacke of faith , and that the spirite of god doth not worke in them , as it doth in true beleeuers ; by this meanes their hearts are much troubled , they fall into anguish & perplexitie : wheras the truth is , that how bold and confident soeuer we may be in words , when it commeth to the point of triall , such as the euidence is which the truth hath eyther in it selfe or through proofe , such is the hearts assent thereunto , neither can it bee stronger , being grounded as it should be . i grant that proofe deriued frō the authoritie of mans iudgement , is not able to worke that assurance which doth grow by a stronger proofe ; and therfore although ten thousand generall councels would set downe one & the same definitiue sentence concerning any point of religion whatsoeuer , yet one demonstratiue reason alleaged , or one manifest testimonie cited from the mouth of god himself to the contrary , could not choose but ouerweigh them all ; in as much as for them to haue bene deceiued , it is not impossible ; it is , that demonstratiue reason or testimonie diuine should deceiue . howbeit in defect of proofe infallible , because the minde doth rather follow probable perswasions , then approue the things that haue in them no likelihood of truth at all ; surely if a question cōcerning matter of doctrine were proposed , and on the one side no kind of proofe appearing , there should on the other be alleaged and shewed that so a number of the learnedest diuines in the world haue euer thought ; although it did not appeare what reason or what scripture led them to be of that iudgement , yet to their very bare iudgement somewhat a reasonable man would attribute , notwithstanding the common imbecilities which are incident into our nature . and whereas it is thought , that especially with the church , and those that are called & perswaded of thauthority of the word of god , mans authoritie with them especially should not preuaile ; it must & doth preuaile euen with them , yea with them especially as far as equitie requireth , & farther we maintain it not . for men to be tyed & led by authoritie , as it were with a kind of captiuity of iudgement , and though there be reason to the contrary , not to listen vnto it , but to follow like beastes the first in the heard , they know not nor care not whether , this were brutish . againe that authoritie of men should preuaile with men either against or aboue reason , is no part of our beliefe . companies of learned men be they neuer so great and reuerend , are to yeeld vnto reason ; the waight whereof is no whit preiudiced by the simplicitie of his person which doth alleage it , but being found to be sound and good , the bare opinion of men to the contrary , must of necessitie stoope and giue place . irenaeus writing against marcion , which held one god author of the old testament , and another of the new , to proue that the apostles preached the same god which was knowne before to the iewes , hee copiously alleageth sundry their sermons and speeches vttered concerning that matter , and recorded in scripture . and least any should be wearied with such store of allegations , in the ende hee concludeth . while we labour for these demonstrations out of scripture , and doe summarily declare the thinges which many wayes haue beene spoken , bee contented quietly to heare , and doe not thinke my speech tedious : quoniam ostensiones quae sunt in scripturis non possunt ostendi nisi ex ipsis scripturis ; because demonstrations that are in scripture , may not otherwise be shewed , then by citing them out of the scriptures themselues where they are . which wordes make so little vnto the purpose , that they seeme as it were offended at him which hath called them thus solemnely foorth to say nothing . and concerning the verdict of ierome , if no man , be he neuer so well learned , haue after the apostles any authoritie to publish new doctrine as from heauen , and to require the worldes assent as vnto truth receiued by propheticall reuelation ; doth this preiudice the credite of learned mens iudgements in opening that truth , which by being conuersant in the apostles writinges , they haue themselues from thence learned ? saint augustine exhorteth not to heare men , but to hearken what god speaketh . his purpose is not ( i thinke ) that wee should stop our eares against his owne exhortation , and therefore hee cannot meane simply that audience should altogether bee denied vnto men ; but eyther that if men speake one thing and god himselfe teach an other , then hee , not they to bee obeyed ; or if they both speake the same thing , yet then also mans speech vnworthy of hearing , not simply , but in comparison of that which proceedeth from the mouth of god. yea but wee doubt what the will of god is . are wee in this case forbidden to heare what men of iudgement thinke it to be ? if not , then this allegation also might very well haue beene spared . in that auncient strife which was betweene the catholique fathers and arrians , donatistes , and others of like peruerse and frowarde disposition , as long as to fathers or councells alleaged on the one side , the like by the contrarie side were opposed , impossible it was that euer the question should by this meane growe vnto any issue or ende . the scripture they both beleeued , the scripture they knew could not giue sentence on both sides , by scripture the controuersie betweene them was such as might be determined . in this case what madnesse was it with such kindes of proofes to nourish their contention , when there were such effectuall meanes to end all controuersie that was betweene them ? hereby therefore it doth not as yet appeare , that an argument of authoritie of man affirmatiuely is in matters diuine nothing worth . which opinion being once inserted into the mindes of the vulgar sort , what it may growe vnto god knoweth . thus much wee see , it hath alreadie made thousandes so headstrong euen in grosse and palpable errors , that a man whose capacitie will scarce serue him to vtter fiue wordes in sensible manner , blusheth not in any doubt concerning matter of scripture to think his owne bare yea as good as the nay of all the wise , graue , and learned iudgements that are in the whole world . which insolencie must be represt , or it will be the very bane of christian religion . our lordes disciples marking what speech hee vttered vnto them , and at the same time calling to minde a common opinion held by the scribes , betweene which opinion and the wordes of their maister , it seemed vnto them that there was some contradiction , which they could not themselues aunswere with full satisfaction of their owne mindes ; the doubt they propose to our sauiour saying , why then say the scribes that elias must first come ? they knew that the scribes did erre greatly ▪ and that many waies euen in matters of their owne profession . they notwithstanding thought the iudgement of the very scribes in matters diuine to bee of some value ; some probabilitie they thought there was that elias should come , in as much as the scribes said it . now no truth can contradict any truth ; desirous therefore they were to be taught , how bothe might stand together , that which they knew ▪ could not be false , because christ spake it ; and this which to them did seeme true , onely because the scribes had said it . for the scripture from whence the scribes did gather it , was not then in their heads . wee doe not finde that our sauiour reprooued them of error , for thinking the iudgement of scribes to be worth the obiecting , for esteeming it to be of any moment or value in matters concerning god. we cannot therefore be perswaded that the will of god is , we should so farre reiect the authoritie of men , as to recken it nothing . no , it may be a question , whether they that vrge vs vnto this , be themselues so perswaded indeede . men do sometimes bewray that by deedes , which to confesse they are hardly drawne . marke then if this be not generall with all men for the most part . when the iudgements of learned men are alleaged against them ; what do they but eyther eleuate their credite , or oppose vnto them the iudgements of others as learned ? which thing doth argue that all men acknowledge in them some force and waight , for which they are loath the cause they maintaine should be so much weakened as their testimony is auaileable . againe what reason is there why alleaging testimonies as proofes , men giue them some title of credite , honour , and estimation whom they alleage , vnlesse before hand it be sufficiently knowne who they are ; what reason hereof but only a common in grafted perswasion , that in some men there may be found such qualities as are able to counteruaile those exceptions which might be taken against them , and that such mens authoritie is not lightly to be shaken off ? shall i adde further , that the force of arguments drawne from the authoritie of scripture it selfe , as scriptures commonly are alleaged , shall ( being sifted ) be found to depende vpon the strength of this so much despised and debased authoritie of man ? surely it doth , and that oftner then we are aware of . for although scripture be of god , and therefore the proofe which is taken from thence must needes be of all other most inuincible ; yet this strength it hath not , vnlesse it auouch the selfe same thing for which it is brought . if there be eyther vndeniable apparance that so it doth , or reason such as cannot deceiue , then scripture-proofe ( no doubt ) in strength and value exceedeth all . but for the most part , euen such as are readiest to cite for one thing fiue hundred sentences of holy scripture ; what warrant haue they , that any one of them doth meane the thing for which it is alleaged ? is not their surest ground most commonly , eyther some probable coniecture of their owne , or the iudgement of others taking those scriptures as they doe ? which notwithstanding to meane otherwise then they take them , it is not still altogether imposible . so that now and then they ground themselues on humane authoritie , euen when they most pretend diuine . thus it fareth euen cleane throughout the whole controuersie about that discipline which is so earnestly vrged and laboured for . scriptures are plentifully alleaged to proue , that the whole christian worlde for euer ought to embrace it . hereupon men terme it the discipline of god. howbeit examine , sift , and resolue their alleaged proofes , till you come to the very roote from whence they spring , the heart wherein their strength lyeth ; and it shall clearely appeare vnto any man of iudgement , that the most which can be inferred vpon such plentie of diuine testimonies is onely this , that some thinges which they maintaine , as far as some men can probably coniecture , doe seeme to haue bene out of scripture not absurdly gathered . is this a warrant sufficient for any mans conscience to builde such proceedinges vpon , as haue beene and are put in vre for the stablishment of that cause ? but to conclude , i would gladly vnderstand how it commeth to passe , that they which so peremptorily doe maintaine that humane authoritie is nothing worth , are in the cause which they fauour so carefull to haue the common sort of men perswaded , that the wisest , the godliest , and the best learned in all christendome are that way giuen , seeing they iudge this to make nothing in the world for them . againe how commeth it to passe , they cannot abide that authoritie should be alleaged on the other side , if there be no force at all in authorities on one side or other ? wherefore labour they to strip their aduersaries of such furniture as doth not helpe ? why take they such needlesse paines to furnish also their owne cause with the like ? if it be voyd and to no purpose that the names of men are so frequent in their bookes ; what did moue them to bring them in , or doth to suffer them there remaining ? ignorant i am not how this is salued , they do it not but after the truth made manifest first by reason or by scripture , they doe it not but to controule the enemies of the truth , who beare themselues bold vpon humane authority , making not for them but against them rather . which answeres are nothing . for in what place or vpon what consideration soeuer it be they doe it , were it in their owne opinion of no force being done , they would vndoubtedly refraine to doe it . but to the end it may more plainely appeare , what we are to iudge of their sentences , and of the cause it selfe wherein they are alleaged ; first it may not well be denied , that all actions of men endued with the vse of reason are generally eyther good or euill . for although it be granted that no action is properly tearmed good or euill , vnlesse it be voluntarie ; yet this can be no let to our former assertion , that all actions of men indued with the vse of reason are generally either good or euill ; because euen those thinges are done voluntarily by vs , which other creatures do naturally , in as much as wee might stay our doing of them if wee would . beastes naturally doe take their foode and rest , when it offereth it selfe vnto them . if men did so too , and could not do otherwise of themselues ; there were no place for any such reproofe as that of our sauiour christ vnto his disciples , could ye not watch with me one houre ? that which is voluntarily performed in things tending to the end , if it be well done , must needes be done with deliberate consideration of some reasonable cause , wherefore wee rather should do it thē not . wherupō it seemeth that in such actions only those are said to be good or euil , which are capable of deliberatiō : so that many things being hourely done by men , wherein they need not vse with themselues any manner of consultation at all , it may perhaps hereby seeme that well or ill doing belongeth onely to our waightier affaires , and to those deeds which are of so great importance that they require aduise . but thus to determine were perilous , and peraduenture vnsound also . i do rather incline to thinke , that seeing all the vnforced actiōs of mē are volūtary ; & al volūtary actiōs tēding to the end haue choice ; & al choise presupposeth the knowledge of some cause wherfore we make it : wher the reasonable cause of such actiōs so readily offereth it self , that it needeth not to be sought for ; in those things though we do not deliberat , yet they are of their nature apt to be deliberated on , in regard of the wil which may encline either way , and would not any one way bend it self , if there were not some apparent motiue to lead it . deliberatiō actuall we vse , when there is doubt what we should incline our willes vnto . where no doubt is , deliberation is not excluded as impertinent vnto the thing , but as needlesse in regard of the agent , which seeth already what to resolue vpon . it hath no apparent absurditie therefore in it to thinke , that all actions of men indued with the vse of reason , are generally either good or euill . whatsoeuer is good ; the same is also approued of god : and according vnto the sundrie degrees of goodnesse , the kindes of diuine approbation are in like sort multiplyed . some things are good , yet in so meane a degree of goodnesse , that men are only nor disproued nor disalowed of god for them . no man hateth his owne flesh . if ye doe good vnto them that doe so to you , the very publicans themselues doe as much . they are worse then infidels that haue no care to prouide for their owne . in actions of this sorte , the very light of nature alone may discouer that which is so farre forth in the sight of god allowable . some thinges in such sorte are allowed , that they be also required as necessary vnto saluation , by way of direct immediate and proper necessitie finall ; so that without performance of them we cannot by ordinary course be saued , not by any means be excluded from life obseruing them . in actions of this kind , our chiefest direction is from scripture , for nature is no sufficient teacher what we should do that we may attaine vnto life euerlasting . the vnsufficiencie of the light of nature , is by the light of scripture so fully and so perfectly herein supplied , that further light then this hath added there doth not neede vnto that ende . finally some thinges although not so required of necessitie , that to leaue them vndone excludeth from saluation , are notwithstanding of so great dignitie and acceptation with god , that most ample rewarde in heauen is laide vp for them . hereof we haue no commandement either in nature or scripture which doth exact them at our handes : yet those motiues there are in bothe , which drawe most effectually our mindes vnto them . in this kind there is not the least action but it doth somewhat make to the accessory augmentation of our blisse . for which cause our sauiour doth plainely witnesse , that there shall not bee as much as a cup of colde water bestowed for his sake without reward . herevpon dependeth whatsoeuer difference there is betweene the states of saints in glory : hither we referre whatsoeuer belongeth vnto the highest perfection of man by way of seruice towards god : hereunto that feruor and first loue of christians did bend it selfe , causing them to sell their possessions , and lay downe the price at the blessed apostles feet : hereat s. paul vndoubtedly did a●me , in so far abridging his owne libertie , and exceeding that which the bond of necessarie and enioyned dutie tied him vnto . wherfore seeing that in all these seuerall kindes of actions , there can be nothing possibly euill which god approueth ; and that he approueth much more then he doth commaund ; and that his very commandements in some kinde , as namely his precepts comprehended in the law of nature , may be otherwise known then onely by scripture ; and that to do them , howsoeuer we know them , must needs ▪ be acceptable in his sight ▪ let them with whom we haue hitherto disputed consider wel , how it can stand with reasō to make the bare mādate of sacred scripture the only rule of all good and euill in the actions of mortall men . the testimonies of god are true , the testimonies of god are perfect , the testimonies of god are all sufficient vnto that end for which they were giuen . therfore accordingly we do receiue them ; we do not think that in thē god hath omitted any thing needful vnto his purpose , & left his intent to be accomplished by our diuisings . what the scripture purposeth , the same in all points it doth performe . howbeit , that here we swerue not in iudgement , one thing especially we must obserue , namely that the absolute perfection of scripture is seene by relatiō vnto that end wherto it tendeth . and euen hereby it commeth to passe , that first such as imagine the generall and maine drift of the body of sacred scripture not to be so large as it is ▪ nor that god did thereby intend to deliuer , as in truth he doth , a full instruction in al things vnto saluatiō necessary , the knowledge wherof man by nature could not otherwise in this life attaine vnto : they are by this very mean induced , either still to looke for new reuelations from heauen , or else daungerously to ad to the word of god vncertaine tradition , that so the doctrine of mans saluation may be compleate , which doctrine we constantly hold in all respectes without any such thing added to be so cōpleat , that we vtterly refuse as much as once to acquaint our selues with any thing further . whatsoeuer to make vp the doctrine of mans saluation is added , as in supply of the scriptures vnsufficiencie , we reiec● it . scripture purposing this , hath perfectly and fully done it . againe the scope and purpose of god in deliuering the holy scripture , such as do take more largely thē behoueth , they on the contrary side racking & stretching it further thē by him was meant , are drawn into sundry as great incōueniences . these pretēding the scriptures perfection , inferre therupon , that in scripture all things lawfull to be done must needs be contained . we count those things perfect which want nothing requisite for the end wherto they were instituted . as therfore god created euery part and particle of man exactly perfect , that is to say ▪ in all pointes sufficient vnto that vse for which he appointed it ; so the scripture , yea euery sentence thereof is perfect , & wanteth nothing requisite vnto that purpose for which god deliuered the same . so that if hereupon wee conclude , that because the scripture is perfect , therfore all things lawful to be done are comprehended in the scripture ▪ we may euen as wel conclude so of euery sentence , as of the whole sum and body therof , vnlesse we first of all proue that it was the drift , scope and purpose of almightie god in holy scripture , to comprise all things which man may practise . but admit this , and marke ▪ i beseech you , what would follow ▪ god in deliuering scripture to his church , should cleane haue abrogated amongst them the law of nature ; which is an infallible knowledge imprinted in the mindes of all the children of men , whereby both generall principles f●● directing of humane actions are comprehended , and conclusions deriued from them ; vpon which conclusions groweth in particularitie the choise of good and euill in the daily affaires of this life . admit this ; and what shall the scripture be but a snare and a torment to weake consciences , filling thē with infinite perplexities , scrupulosities , doubts insoluble , and extreame despaires ? not that the scripture it selfe doth cause any such thing , ( for it tendeth to the cleane contrarie , and the fruite thereof is resolute assurance and certaintie in that it teacheth : ) but the necessities of this life vrging men to doe that which the light of nature , common discretion and iudgement of it selfe directeth them vnto ▪ on the other side this doctrine teaching them that so to doe were to sinne against their owne soules , and that they put forth their hands to iniquitie , whatsoeuer they go about and haue not first the sacred scripture of god for direction ; how can it choose but bring the simple a thousand times to their wits end ; how can it choose but vexe and amaze them ? for in euery action of commō life to find out some sentence clearly and infallibly setting before our eyes what wee ought to doe , ( seeme wee in scripture neuer so expert ) would trouble vs more then wee are aware . in weake and tender mindes wee little knowe what miserie this strict opinion would breede , besides the stoppes it would make in the whole course of all mens liues and actions . make all thinges sinne which we doe by direction of natures light , & by the rule of common discretiō without thinking at all vpō scripture ; admit this position , and parents shall cause their children to sinne , as oft as they cause them to do any thing , before they come to yeares of capacitie and be ripe for knowledge in the scripture . admit this , and it shall not be with masters , as it was with him in the gospell ; but seruants being commaunded to goe shall stand still , till they haue their errand warranted vnto them by scripture . which as it standeth with christian dutie in some cases , so in common affaires to require it , were most vnfit . two opinions therefore there are concerning sufficiencie of holy scripture , each extreamly opposite vnto the other , & bothe repugnant vnto truth . the schooles of rome teach scripture to be so vnsufficient , as if , except traditions were added , it did not conteine all reuealed and supernaturall truth , which absolutely is necessary for the children of men in this life to know that they may in the next be saued . others iustly condemning this opinion , growe likewise vnto a dangerous extremitie , as if scripture did not only containe all thinges in that kinde necessary , but all thinges simply , and in such sorte that to doe any thing according to any other lawe , were not onely vnnecessary , but euen opposite vnto saluation , vnlawfull and sinfull . whatsoeuer is spoken of god , or thinges appertaining to god , otherwise then as the truth is ; though it seeme an honour , it is an iniurie . and as incredible praises giuen vnto men , doe often abate and impaire the credit of their deserued commendation ; so we must likewise take great heed , least in attributing vnto scripture more then it can haue , the incredibilitie of that do cause euen those thinges which indeed it hath most aboundantly , to be lesse reuerendly esteemed . i therefore leaue it to themselues to consider , whether they haue in this first point or not ouershot themselues ; which god doth knowe is quickly done , euen when our meaning is most sincere , as i am verily perswaded theirs in this case was . the third booke : concerning their second assertion , that in scripture there must be of necessitie contained a forme of church-politie , the lawes whereof may in no wise be altered . the matter conteined in this third booke . what the church is , and in what respect lawes of politie are thereunto necessarily required . whether it be necessary that some particular forme of church-politie be set downe in scripture , sith the thinges that belong particularly to any such forme are not of necessitie to saluation . that matters of church-politie are different from matters of faith and saluation , and that they themselues so teach which are our reprouers for so teaching . that hereby we take not from scripture any thing which thereunto with soundnesse of truth may be giuen . their meaning who first vrged against the politie of the church of england , that nothing ought to be established in the church more then is commaunded by the worde of god. how great iniurie men by so thinking should offer vnto all the churches of god. a shift notwithstanding to maintaine it , by interpreting commaunded as though it were meant that greater thinges only ought to be found set downe in scripture particularly and lesser framed by the generall rules of scripture . an other deuise to defend the same , by expounding commaunded as if it did signifie grounded on scripture , and were opposed to things found out by light of naturall reason onely . how lawes for the politie of the church may be made by the aduise of men , and how those lawes being not repugnant to the word of god are approued in his sight . that neither gods being the author of laws , nor yet his committing of them to scripture , is any reason sufficient to proue that they admit no addition or change . whether christ must needs intend lawes vnchangeable altogether , or haue forbidden any where to make any other law then himselfe did deliuer . albeit the substance of those controuersies whereinto wee haue begun to wade , be rather of outward things appertaining to the church of christ , then of any thing wherein the nature and being of the church consisteth ▪ yet because the subiect or matter which this position concerneth , is a forme of church-gouernment or church-politie ; it therefore behoueth vs so far forth to consider the nature of the church ; as is requisite for mens more cleare and plaine vnderstanding , in what respect lawes of politie or gouernment are necessary therunto . that church of christ which we properly terme his body mysticall , can be but one ; neither can that one be sensibly discerned by any man , in as much as the parts thereof are some in heauen alreadie with christ , and the rest that are on earth ( albeit their naturall persons be visible ) we do not discerne vnder this propertie whereby they are truly and infallibly of that body . onely our mindes by intellectuall conceipt are able to apprehend , that such a reall body there is , a body collectiue , because it cōtaineth an huge multitude ; a body mistical , because the mysterie of their coniunction is remoued altogether from sense . whatsoeuer we read in scripture concerning the endlesse loue and the sauing mercie , which god sheweth towards his church ; the onely proper subiect thereof is this church . concerning this flocke it is that our lord and sauiour hath promised , i giue vnto them eternall life , and they shall neuer perish , neither shall any plucke them out of my hands . they who are of this society , haue such markes and notes of distinction from all others , as are not obiect vnto our sense ; onely vnto god , who seeth their hearts and vnderstandeth all their secret cogitations , vnto him they are cleare and manifest . all men knew nathaniel to be an israelite . but our sauiour pearcing deeper , giueth further testimony of him then men could haue done with such certaintie as he did , beholde indeede an israelite in whom is no guile . if we professe as peter did , that we loue the lorde , and professe it in the hearing of men ; charitie is prone to beleeue all thinges , and therefore charitable men are likely to thinke we do so , as long as they see no proofe to the contrary . but that our loue is sound and sincere , that it commeth from a pure heart and a good conscience & a faith vnfained , who can pronounce , sauing onely the searcher of all mens hearts , who alone intuitiuely doth knowe in this kinde who are his ? and as those euerlasting promises of loue , mercy , & blessednes , belong to the mysticall church ; euen so on the other side when we reade of any dutie which the church of god is bound vnto , the church whom this doth concerne is a sensibly knowne company . and this visible church in like sorte is but one , continued from the first beginning of the world to the last end . which company being deuided into two moieties ; the one before , the other since the comming of christ : that part which since the comming of christ , partly hath embraced , and partly shall hereafter embrace the christian religion , wee terme as by a more proper name the church of christ. and therefore the apostle affirmeth plainely of all men christian , that be they iewes or gentiles , bond or free , they are al incorporated into one cōpany , they al make but a one body . the vnitie of which visible body and church of christ , cōsisteth in that vniformitie , which all seuerall persons thereunto belonging haue , by reason of that one lord , whose seruants they all professe themselues ; that one faith , which they al acknowledge ; that one baptisme , wherewith they are all initiated . the visible church of iesus christ is therefore one , in outward profession of those thinges , which supernaturally appertaine to the very essence of christianitie , & are necessarily required in euery particular christiā man. let all the house of israel know for certaintie , saith peter , that god hath made him both lorde and christ , euen this iesus whome ye haue crucified . christiās therfore they are not , which cal not him their master & lord. and from hence it came , that first at antioch , and afterwards throughout the whole world , all that were of the church visible were called christians , euen amongst the heathen : which name vnto them was precious and glorious ; but in the estimation of the rest of the world , euen christ iesus himselfe was a execrable , for whose sake all men were so likewise which did acknowledge him to bee their lord. this himselfe did foresee , and therefore armed his church , to the end they might sustaine it without discomfort . all these thinges they will doe vnto you for my names sake ; yea , the time shall come , that whosoeuer killeth you will thinke that he doth god good seruice . these thinges i tell you , that when the houre shall come , ye may then call to mind how i told you before hand of them . but our naming of iesus christ the lorde , is not inough to proue vs christiās , vnles we also imbrace that faith , which christ hath published vnto the world . to shewe that the angell of pergamus continued in christianitie , behold , how the spirite of christ speaketh , thou keepest my name , and thou hast not denied my faith . concerning which faith , the rule thereof saith tertullian is one alone , immoueable , and no way possible to be better framed a new . what rule that is hee sheweth by rehearsing those fewe articles of christian beliefe . and before tertullian , ireney ; the church though scattered through the whole world vnto the vtmost borders of the earth , hath from the apostles and their disciples receiued beleefe . the partes of which beleefe hee also reciteth in substance the very same with tertullian , and thereupon inferreth ; this faith the church being spread farre and wide preserueth , as if one house did containe them ; these thinges it equally embraceth , as though it had euen one soule , one heart , and no more ; it publisheth , teacheth and deliuereth these thinges with vniforme consent , as if god had giuen it but one onely tongue wherewith to speake . hee which amongst the guides of the church is best able to speake , vttereth no more then this ; and lesse then this the most simple doth not vtter , when they make profession of their faith . now although wee know the christian faith and allow of it , yet in this respect wee are but entring ; entered wee are not into the visible church , before our admittance by the doore of baptisme . wherfore immediatly vpon the acknowledgement of christian faith , the eunuch ( we see ) was baptized by philip ; paule by ananias ; by peter an huge multitude containing three thousand soules , which being once baptized , were reckoned in the number of soules added to the visible church . as for those vertues that belong vnto morall righteousnesse and honestie of life , we doe not mention them , because they are not proper vnto christian men , as they are christian , but doe concerne them , as they are men . true it is , the want of these vertues excludeth from saluation . so doth much more the absence of inward beliefe of heart ; so doth despaire and lacke of hope ; so emptines of christian loue and charitie . but wee speake now of the visible church , whose children are signed with this marke , one lord , one faith , one baptisme . in whomsoeuer these thinges are , the church doth acknowledge them for her children ; them onely she holdeth for aliens and strangers , in whom these things are not found . for want of these it is that saracens , iewes , and infidels , are excluded out of the bounds of the church . others we may not denie to be of the visible church , as long as these thinges are not wanting in them . for apparent it is , that all men are of necessitie either christians or not christians . if by externall profession they be christians , then are they of the visible church of christ : and christians by externall profession they are all , whose marke of recognisance hath in it those things which wee haue mentioned , yea although they be impious idolaters , wicked heretiques , persons excommunicable , yea and cast out for notorious improbitie . such withall we denie not to be the imps and limmes of satan , euen as long as they continue such . is it then possible that the selfe same men should belong both to the synagogue of satan , and to the church of iesus christ ? vnto that church which is his mysticall body , not possible ; because that body consisteth of none but onely true israelites , true sonnes of abraham , true seruantes and saints of god. howbeit of the visible body and church of iesus christ , those may be and oftentimes are , in respect of the maine partes of their outward profession ; who in regard of their inward disposition of minde , yea of externall conuersation , yea euen of some parts of their very profession , are most worthily both hatefull in the sight of god himselfe , and in the eyes of the sounder partes of the visible church most execrable . our sauiour therefore compareth the kingdome of heauen to a net , whereunto all which commeth , neither is nor seemeth fish ; his church hee compareth vnto a fielde , where tares manifestly knowne and seene by all men doe growe intermingled with good corne , and euen so shall continue till the finall consummation of the world . god hath had euer , and euer shall haue , some church visible vpon earth . when the people of god worshipped the calfe in the wildernesse ; when they adored the brasen serpent ; when they serued the gods of nations ; when they bowed their knees to baal ; when they burnt incense and offered sacrifice vnto idoles ; true it is , the wrath of god was most fiercely inflamed against them , their prophetes iustly condemned them , as an adulterous seede and a wicked generation of miscreantes , which had forsaken the liuing god , and of him were likewise forsaken , in respect of that singular mercie wherewith hee kindly and louingly embraceth his faithfull children . howbeit reteining the lawe of god , and the holy seale of his couenant , the sheepe of his visible flocke they continued euen in the depth of their disobedience and rebellion . wherefore not onely amongst them god alwaies had his church , because hee had thousands which neuer bowed their knees to baal ; but whose knees were bowed vnto baall , euen they were also of the visible church of god. nor did the prophet so complaine , as if that church had bene quite and cleane extinguished ; but hee tooke it as though there had not bene remaining in the worlde any besides himselfe , that carried a true and an vpright heart towardes god , with care to serue him according vnto his holy will. for lacke of diligent obseruing the difference , first betweene the church of god mysticall and visible , then betweene the visible sound and corrupted , sometimes more , sometimes lesse ; the ouersightes are neither fewe nor light that haue beene committed . this deceiueth them , and nothing else , who thinke that in the time of the first worlde , the family of noah did containe all that were of the visible church of god. from hence it grewe and from no other cause in the world , that the affricane bishopes in the councell of carthage , knowing how the administration of baptisme belongeth onelye to the church of christ , and supposing that heretiques which were apparantly seuered from the sound beleeuing church could not possibly be of the church of iesus christ ; thought it vtterly against reason , that baptisme administred by men of corrupt beleefe , should be accounted as a sacrament ▪ and therefore in maintenance of rebaptization their arguments are built vpon the forealeaged ground , that heretiques are not at all any part of the church of christ. our sauiour founded his church on a rocke , and not vpon heresie ; power of baptizing he gaue to his apostles , vnto heretiques he gaue it not . wherefore they that are without the church , and oppose themselues against christ , do but scatter his sheepe and flocke ; without the church baptize they cannot . againe , are heretiques christians , or are they not ? if they be christians , wherefore remaine they not in gods church ? if they be no christians , how make they christians ? or to what purpose shall those words of the lord serue , he which is not with me , is against me ; and , he which gathereth not with me ▪ scattereth ? wherefore euident it is , that vpon misbegotten children and the brood of antichrist , without rebaptization the holy ghost cannot descend . but none in this case so earnest as cyprian ; i know no baptizme but one , and that in the church only ; none without the church , where he that doth cast out the diuell , hath the diuell ; he doth examine about beleefe , whose lips and words do breath foorth a canker ; the faithlesse doth offer the articles of faith ▪ a wicked creature forgiueth wickednesse , in the name of christ antichrist signeth , he which is cursed of god blesseth , a dead carrion promiseth life , a man vnpeaceable giueth peace , a blasphemer calleth vpō the name of god , a prophane person doth exercise priesthood , a sacrilegious wretch doth prepare the altar , and in the necke of all these that euill also commeth , the eucharist a very bishop of the diuell doth presume to consecrate . all this was true , but not sufficient to prooue that heretiques were in no sort any part of the visible church of christ , and consequently their baptisme no baptisme . this opinion therefore was afterwards both condemned by a better aduised councell , and also reuoked by the chiefest of the authors thereof themselues . what is it but onely the selfe same error and misconceite , wherewith others being at this day likewise possest , they aske vs where our church did lurke , in what caue of the earth it slept , for so many hundreds of yeeres together before the birth of martin luther ▪ as if we were of opinion that luther did erect a new church of christ. no the church of christ which was from the beginning , is , and continueth vnto the end . of which church all parts haue not bene alwayes equally sincere & sound . in the dayes of abia it plainely appeareth that iuda was by many degrees ▪ more free from pollution then israell , as that solemne oration sheweth wherein he pleadeth for the one against the other in this wise : o ieroboam and all israell heare you me ▪ haue ye not driuen away the priests of the lord , the sonnes of aaron and the leuits , and haue made you priests like the people of nations ? whosoeuer commeth to consecrate with a young bullocke and seuen rammes , the same may be a priest of them that are no gods. but we belong vnto the lord our god , and haue not forsaken him ; and the priests the sonnes of aaron minister vnto the lord euery morning and euery euening burnt offerings and sweete incense , and the bread is set in order vpon the pure table , and the candlesticke of gold with the lamps therof to burne euery euening ; for we keepe the watch of the lord our god , but ye haue forsaken him . in saint paules time the integritie of rome was famous ; corinth many wayes reproued , they of galatia much more out of square . in saint iohns time ephesus and smyrna in farre better state then thyatira and pergamus were . we hope therefore that to reforme our selues , if at any time we haue done amisse , is not to seuer our selues from the church we were of before . in the church we were , and we are so still . other difference betweene our estate before and now , we know none but onely such as we see in iuda , which hauing some time beene idolatrous , became afterwards more soundly religious by renouncing idolatrie and superstition . if ephraim be ioyned vnto idoles , the counsell of the prophet is , let him alone . if israell play the harlot , let not iuda sinne . if it seeme euill vnto you sayth iosua to serue the lord , choose you this day whom ye will serue , whether the gods whom your fathers serued beyond the floud , or the gods of the amorites in whose land ye dwell ; but i and mine house will serue the lord. the indisposition therefore of the church of rome to reforme her selfe , must be no stay vnto vs from performing our duty to god ; euen as desire of retaining conformity with them , could be no excuse if we did not performe that dutie . notwithstanding so farre as lawfully we may , we haue held , and do hold fellowship with them . for euen as the apostle doth say of israell , that they are in one respect enimies , but in another beloued of god : in like sort with rome we dare not communicate concerning sundrie her grosse and grieuous abominations ; yet touching those maine parts of christian truth wherein they constantly still persist , we gladly acknowledge them to bee of the familie of iesus christ ; and our hearty prayer vnto god almighty is , that being conioyned so farre foorth with them , they may at the length , ( if it be his will ) so yeeld to frame and reforme themselues , that no distraction remaine in any thing , but that we all may with one heart and one mouth , glorifie god the father of our lord and sauiour , whose church we are . as there are which make the church of rome vtterly no church at all , by reason of so many , so greeuous errors in their doctrines : so we haue them amongst vs , who vnder pretence of imagined corruptions in our discipline , do giue euen as hard a iudgement of the church of england it selfe . but whatsoeuer either the one sort or the other teach , we must acknowledge euen heretikes themselues to be though a maimed part , yet a part of the visible church . if an infidell should pursue to death an heretique professing christianitie , only for christian profession sake : could we deny vnto him the honor of martyrdome ? yet this honor all men know to be proper vnto the church . heretikes therefore are not vtterly cut off from the visible church of christ. if the fathers do any where , as oftentimes they do , make the true visible church of christ and hereticall companies opposite , they are to be construed as separating heretikes not altogether from the company of beleeuers , but from the fellowship of sound beleeuers . for where profest vnbeleefe is , there can be no visible church of christ ; there may be , where sound beliefe wanteth . infidels being cleane without the church , deny directly and vtterly reiect the very principles of christianity ; which heretikes embrace , and erre onely by misconstruction ; whereupon their opinions although repugnant indeed to the principles of christian faith , are notwithstanding by them held otherwise , and maintained as most consonant thereunto . wherfore being christians in regard of the generall truth of christ which they openly professe ; yet they are by the fathers euery where spokē of , as men cleane excluded out of the right belieuing church by reason of their particular errors , for which all that are of a sound beleefe must needes condemne them . in this consideration the aunswere of caluin vnto farell concerning the children of popish parents doth seeme crased ; whereas sayth he , you aske our iudgement about a matter , whereof there is doubt amongst you , whether ministers of our order professing the pure doctrine of the gospell , may lawfully admit vnto baptisme an infant whose father is a stranger vnto our churches , and whose mother hath fallen from vs vnto the papacie , so that both the parents are popish ; thus we haue thought good to aunswere , namely that it is an absurd thing for vs to baptise them , which cannot be reckoned members of our bodie . and sith papists children are such , we see not how it should be lawfull to minister baptisme vnto them . sounder a great deale is the aunswere of the ecclesiasticall colledge of geneua vnto knox , who hauing signified vnto them , that himselfe did not thinke it lawfull to baptize bastards or the children of idolaters ( he meaneth papists ) or of parsons excommunicate , till either the parents had by repentance submitted themselues vnto the church , or else their children being growne vnto the yeares of vnderstanding should come and sue for their owne baptisme : for thus thinking sayth he , i am thought to bee ouer seuere , and that not onely by them which are popish , but euen in their iudgements also who thinke themselues maintainers of the truth . maister knoxes ouer-sight herein they controlled . their sentence was , wheresoeuer the profession of christianity hath not vtterly perished and beene exstinct , infants are beguiled of their right , if the common seale be denied them . which conclusion in it selfe is sound , although it seemeth the ground is but weake whereupon they build it . for the reason which they yeeld of their sentence is this ; the promise which god doth make to the faithfull concerning their seede , reacheth vnto a thousand generations ; it resteth not onely in the first degree of descent . infants therefore whose great graund fathers haue bene holy and godly , do in that respect belong to the bodie of the church , although the fathers and graundfathers of whom they descend haue bene apostates : because the tenure of the grace of god which did adopt them three hundred years ▪ agoe and more in their auncient predecessors , cannot with iustice be defeated and broken off by their parents imp●etie comming betweene . by which reason of theirs , although it seeme that all the world may be baptised , in as much as no man liuing is a thousand descents remoued from adam himselfe ; yet we meane not at this time either to vphold or to ouerthrow it : onely their alleaged conclusion we embrace , so it be construed in this sort , that for as much as men remaine in the visible church , till they vtterly renounce the profession of christianity ; we may not deny vnto infants their right by withholding from them the publike signe of holy baptisme , if they be borne where the outward acknowledgement of christianity is not cleane gone and extinguished . for being in such sort borne , their parents are within the church , and therefore their birth doth giue them interest and right in baptisme . albeit not euerie error and fault , yet heresies and crimes which are not actually repented of and forsaken , exclude quite and cleane from that saluation , which belongeth vnto the misticall body of christ ; yea they also make a separation from the visible sound church of christ ; altogether from the visible church neither the one nor the other dothe seuer . as for the act of excommunication , it neither shutteth out from the misticall , nor cleane from the visible , but only from fellowship with the visible in holy duties . with what congruity then doth the church of rome deny , that her enemies , whom she holdeth alwayes for heretikes , do at all appertaine to the church of christ ; when her owne do freely grant , that albeit the pope ( as they say ) cannot teach heresie nor propound error , he may notwithstanding himselfe worship idols , thinke amisse concerning matters of faith , yea giue himselfe vnto acts diabolicall , euen being pope ? how exclude they vs from being any part of the church of christ vnder the colour and pretence of heresie , when they cannot but graunt it possible euen for him to be as touching his owne personal perswasion hereticall , who in their opinion not only is of the church , but holdeth the chiefest place of authority ouer the same ? but of these things we are not now to dispute . that which already we haue set downe , is for our present purpose sufficient . by the church therefore in this question we vnderstand no other then onely the visible church . for preseruation of christianity there is not any thing more needfull , then that such as are of the visible church , haue mutuall fellowship and societie one with another . in which consideration , as the maine body of the sea being one , yet within diuers precincts hath diuers names ; so the catholike church is in like sort deuided into a number of distinct societies , euery of which is termed a church within it selfe . in this sense the church is alwaies a visible society of men ; not an assembly , but a society . for although the name of the church be giuen vnto christian assemblies , although any multitude of christian men cōgregated may be termed by the name of a church ; yet assemblies properly are rather things that belong to a church . men are assembled for performance of publike actiōs ; which actions being ended , the assembly dissolueth it selfe and is no longer in being ; wheras the church which was assembled , doth no lesse continue afterwards then before . where but three are , and they of the laity also , sayth tertullian , yet there is a church , that is to say , a christian assembly . but a church , as now we are to vnderstand it , is a society , that is a number of men belonging vnto some christian fellowship , the place and limites whereof are certaine . that wherein they haue communion , is the publike exercise of such duties as those mentioned in the apostles acts , instruction , breaking of bread , and prayers . as therefore they that are of the misticall body of christ , haue those inward graces and vertues , whereby they differ from all others which are not of the same body ; againe whosoeuer appertaine to the visible body of the church , they haue also the notes of externall profession , whereby the world knoweth what they are : after the same manner euen the seuerall societies of christian men , vnto euery of which the name of a church is giuen with addition betokening seuerally , as the church of rome , corinth , ephesus , england , and so the rest , must bee indued with correspondent generall properties belonging vnto them , as they are publique christian societies . and of such properties common vnto all societies christian , it may not be denied , that one of the very chiefest is ecclesiasticall politie . which word i therefore the rather vse , because the name of gouernement as commonly men vnderstand it in ordinary speech , doth not comprise the largenes of that whereunto in this question it is applied . for when we speake of gouernment , what doth the greatest part conceiue thereby , but onely the exercise of superiority peculiar vnto rulers and guides of others ? to our purpose therefore the name of church-politie will better serue , because it conteineth both gouernement , and also whatsoeuer ▪ besides belongeth to the ordering of the church in publique . neither is any thing in this degree more necessarie then church politie , which is a forme of ordering the publique spirituall affaires of the church of god. but we must note , that he which affirmeth speech to bee necessary amongest all men throughout the world , doth not thereby import that all men must necessarily speake one kind of language . euen so the necessitie of politie and regiment in all churches may be held , without holding any one certaine forme to bee necessarie in them all . nor is it possible that any forme of politie , much lesse of politie ecclesiasticall , should bee good , vnlesse ▪ god himselfe bee author of it . those things that are not of god ( sayth tertullian ) they can haue no other then gods aduersarie for their author . be it whatsoeuer in the church of god , if it bee not of god , wee hate it . of god it must bee , either as those things sometime were , which god supernaturally reuealed and so deliuered them vnto moses for gouernement of the common wealth of israell ; or else as those thinges which men finde out by helpe of that light , which god hath giuen them vnto that ende . the verie lawe of nature it selfe , which no man can deny but god hath instituted , is not of god , vnlesse that be of god , whereof god is the author as well this later way as the former . but for as much as no forme of church-politie is thought by them to be lawfull , or to bee of god , vnlesse god be so the author of it , that it bee also set downe in scripture ; they should tell vs plainely , whether their meaning be , that it must be there set downe in whole or in part . for if wholly , let them shewe what one forme of politie euer was so . their owne to be so taken out of scripture they will not affirme ; neither denie they that in part , euen this which they so much oppugne is also from thence taken . againe they should tell vs , whether onely that be taken out of sripture , which is actually and particularly there set downe ; or else that also , which the generall principles and rules of scripture potentially conteine . the one way they cannot as much as pretend , that all the partes of their owne discipline are in scripture ; and the other way their mouthes are stopped , when they would pleade against all other formes besides their owne ; seeing the generall principles are such ▪ as do not particularly prescribe any one , but sundry may equally be consonant vnto the generall axiomes of the scripture . but to giue them some larger scope , and not to close them vp in these streights ▪ let their allegations bee considered , wherewith they earnestly bend themselues against all , which deny it necessarie that any one complete forme of church ▪ politie should bee in scripture . first therefore whereas it hath beene told them , that matters of faith , and in generall matters necessarie vnto saluation , are of a different nature from ceremonies , order , and the kind of church gouernement ▪ that the one are necessarie to bee expressely contained in the word of god , or else manifestly collected out of the same , the other not so ; that is necessarie not to receiue the one ▪ vnlesse there be some thing in scripture for them , the other free , if nothing against them may thence bee alleaged : although there do not appeare any iust or reasonable cause to reiect or dislike of this , neuerthelesse as it is not easie to speake to the contentation of mindes exulcerated in themselues , but that somewhat there will bee alwayes which displeaseth , so herein for two things we are reprooued ; the first is misdistinguishing , because matters of discipline and church ▪ gouernement are ( as they say ) matters necessary to saluation and of faith , whereas we put a difference betweene the one and the other ; our second fault is iniurious dealing with the scripture of god , as if it conteined onely the principall points of religion , some rude and vnfashioned matter of building the church , but had left out that which belongeth vnto the forme and fashion of it ; as if there were in the scripture no more then only to couer the churches nakednesse , and not chaines , bracelets , rings , iewels to adorne her ; sufficient to quench her thirst , to kill her hunger , but not to minister a more liberall and ( as it were ) a more delitious and dainty dyet . in which case our apologie shall not need to be very long . the mixture of those things by speech , which by nature are diuided , is the mother of all error . to take away therefore that error which confusion breedeth distinction is requisite . rightly to distinguish is by conceipt of minde to seuer thinges different in nature , and to discerne wherein they differ . so that if wee imagine a difference where there is none , because wee distinguish where wee should not , it may not bee denied that wee misdistinguish . the onely tryall whether wee do so , yea or no , dependeth vpon comparison betweene our conceipt and the nature of thinges conceiued . touching matters belonging vnto the church of christ this wee conceiue , that they are not of one sute . some things are meerely of faith , which things it doth suffice that wee knowe and beleeue : some things not onely to bee knowne , but done , because they concerne the actions of men . articles about the trinitie are matters of meere faith , and must bee belieued . precepts concerning the workes of charitie , are matters of action , which to knowe , vnlesse they bee practised , is not enough . this beeing so cleare to all mens vnderstanding , i somewhat maruaile that they especially should thinke it absurde to oppose church-gouernement a plaine matter of action vnto matters of faith , who know that themselues deuide the gospell into doctrine and discipline . for if matters of discipline be rightly by them distinguished from matters of doctrine , why not matters of gouernmēt by 〈◊〉 as reasonably set against matters of faith ? do not they vnder doctrine comprehend the same which we intend by matters of faith ? do not they vnder discipline comprise the regiment of the church ? when they blame that in vs , which themselues followe , they giue men great cause to doubt that some other thing then iudgement doth guide their speech . what the church of god standeth bound to knowe or do , the same in part nature teacheth . and because nature can teach them but onely in part , neither so fully , as is requisite for mans saluation ; nor so easily , as to make the way plaine and expedite enough , that many may come to the knowledge of it and so be saued ; therefore in scripture hath god both collected the most necessarie things , that the schoole of nature teacheth vnto that end ; and reuealeth also whatsoeuer we neither could with safety bee ignorant of , nor at all be instructed in but by supernaturall reuelation from him . so that scripture conteining all things that are in this kind any way needfull for the church , and the principall of the other sort , this is the next thing wherewith we are charged as with an errour : we teach that whatsoeuer is vnto saluation termed necessarie by way of excellencie , whatsoeuer it standeth all men vppon to knowe or do that they may be saued , whatsoeuer there is whereof it may truely be sayd , this not to beleeue is eternall death and damnation , or , this euery soule that will liue must duly obserue , of which sort the articles of christian faith , and the sacraments of the church of christ are ; all such things if scripture did not comprehend , the church of god should not bee able to measure out the length and the breadth of that way wherein for euer she is to walke . heretiques and schismatiques neuer ceasing , some to abridge , some to enlarge , all to peruert and obscure the same . but as for those things that are accessorie hereunto , those things that so belong to the way of saluation , as to alter them is no otherwise to chaunge that way , then a path is chaunged by altering onely the vppermost face thereof , which be it layd with grauell , or set with grasse , or paued with stone , remaineth still the same path ; in such things because discretion may teach the church what is conuenient , we hold not the church further tied herein vnto scripture , then that against scripture nothing be admitted in the church , least that path which ought alwayes to be kept euen , do thereby come to be ouer-growne with brambles and thornes . if this be vnsound , wherein doth the point of vnsoundnesse lye ? it is not that we make some things necessarie , some things accessorie and appendent onely . for our lord and sauiour himselfe doth make that difference , by termin● iudgement , and mercie , and fidelitie , with other things of like nature , the greater and waightier matters of the lawe . is it then in that wee account ceremonies ( wherein wee do not comprise sacraments , or any other the like substantiall duties in the exercise of religion , but onely such externall rites as are vsually annexed vnto church-actions , ) is it an ouersight , that we recken these thinges and a matters of gouernement in the number of things accessorie , not things necessarie in such sort as hath beene declared ? let them which therefore thinke vs blameable , consider well their owne words . do they not plainely compare the one vnto garments which couer the body of the church , the other vnto rings , braslets , and iewels that onely adorne it ; the one to that food which the church doth liue by , the other to that which maketh her dyet liberall , daintie , and more delitious ? is dainty fare a thing necessary to the sustenance , or to the clothing of the body rich attire ? if not , how can they vrge the necessity of that which themselues resemble by things not necessary ? or by what construction shall any man liuing be able to make those comparisons true , holding that distinction vntrue , which putteth a difference betweene things of externall regiment in the church , and things necessarie vnto saluation ? now as it can be to nature no iniury , that of her we say the same which diligent beholders of her workes haue obserued , namely , that she prouideth for all liuing creatures nourishment which may suffice , that she bringeth foorth no kind of creature whereto she is wanting in that which is needfull ; although we do not so farre magnifie her exceeding bountie , as to affirme that she bringeth into the world the sonnes of men adorned with gorgeous attire , or maketh costly buildings to spring vp out of the earth for them : so i trust that to mention what the scripture of god leaueth vnto the churches discretion in some things , is not in any thing to impaire the honour which the church of god yeeldeth to the sacred scriptures perfection . wherein seeing that no more is by vs maintained , then onely that scripture must needs teach the church whatsoeuer is in such sort necessarie as hath bene set downe ; and that it is no more disgrace for scripture to haue left a number of other things free to be ordered at the discretion of the church , then for nature to haue left it vnto the wit of man to deuise his owne attire , and not to looke for it as the beasts of the field haue theirs : if neither this can import , nor any other proofe sufficient be brought foorth , that we either will at any time or euer did affirme the sacred scripture to comprehend no more then onely those bare necessaries ; if we acknowledge that as well for particular application to speciall occasions , as also in other manifold respects infinite treasures of wisedome are ouer and besides aboundantly to be found in the holy scripture ; yea that scarcely there is any noble part of knowledge , worthie the minde of man , but from thence it may haue some direction and light ; yea that athough there bee no necessitie it should of purpose prescribe any one particular for●● of church-gouernement , yet touching the manner of gouerning in generall , the precepts that scripture setteth downe are not few , and the examples many which it proposeth for all church-gouernors , euen in particularities to followe ; yea that those things finally which are of principall waight in the verie particular forme of church-politie , ( although not that forme which they imagine , but that which we against them vphold ) are in the selfe same scriptures conteined : if all this bee willingly graunted by vs , which are accused to pinne the word of god in so narrow roome , as that it should bee able to direct vs but in principall points of our religion , or as though the substance of religion or some rude and vnfashioned matter of building the church were vttered in them , and those things left out that should pertaine to the forme and fashion of it ; let the cause of the accused bee referred to the accusers owne conscience , and let that iudge whether this accusation be deserued where it hath bene layd . but so easie it is for euery man liuing to erre , and so hard to wrest from any mans mouth the plaine acknowledgement of error , that what hath beene once inconsiderately defended , the same is commonly persisted in , as long as wit by whetting it selfe is able to finde out any shift , bee it neuer so sleight , whereby to escape out of the handes of present contradiction . so that it commeth here in to passe with men vnaduisedly fallen into errour , as with them whose state hath no ground to vphold it , but onely the helpe which by subtle conueyance they drawe out of casuall euents arising from day to day , till at length they be cleane spent . they which first gaue out , that nothing ought to be established in the church which is not commanded by the word of god , thought this , principle plainely warranted by the manifest words of the lawe ; ye shall put nothing vnto the word which i commaund you , neither shall ye take ought therefrom , that ye may keepe the commaundements of the lord your god , which i commaund you , wherefore hauing an eye to a number of rites and orders in the church of england , as marrying with a ring , crossing in the one sacrament , kneeling at the other ; obseruing of festiuall dayes moe then onely that which is called the lords day , inioyning abstinence at certaine times from some kindes of meate , churching of women after child birth , degrees taken by diuines in vniuersities , sundry church-offices , dignities , and callings , for which they found no commaundement in the holy scripture , they thought by the one onely stroke of that axiome to haue cut them off . but that which they tooke for an oracle , being sifted was repeld . true it is concerning the word of god , whether it be by misconstruction of the sense , or by falsification of the words , wittingly to endeuour that any thing may seeme diuine which is not , or any thing not seeme which is ▪ were plainely to abuse , and euen to falsifie diuine euidence , which iniury offered but vnto men is most worthily counted ha●nous . which point i wish they did well obserue , with whom nothing is more familiar then to plead in these causes , the law of god , the word of the lord : who notwithstanding when they come to alleage what word and what lawe they meane , their common ordinarie practise is , to quote by-speeches in some historicall narration or other , and to vrge them as if they were written in most exact forme of law . what is to adde to the lawe of god , if this bee not ? when that which the word of god doth but deliuer historically , we conster without any warrant as if it were legally meant , and so vrge it further then we can proue that it was intended , do we not adde to the lawes of god , and make them in number seeme moe then they are ? it standeth vs vpon to be carefull in this case . for the sentence of god is heauy against them , that wittingly shall presume thus to vse the scripture . but let that which they doe hereby intend bee graunted them , let it once stand as consonant to reason , that because wee are forbidden to adde to the lawe of god any thing , or to take ought from it , therefore wee may not for matters of the church make any lawe more then is already set downe in scripture : who seeth not what sentence it shall enforce vs to giue against all churches in the world , in as much as there is not one , but hath had many things established in it , which though the scripture did neuer commaund , yet for vs to condemne were rashnesse . let the church of god euen in the time of our sauior christ serue for example vnto all the rest . in their domesticall celebration of the passeouer , which supper they deuided ( as it were ) into two courses , what scripture did giue commaundement that betweene the first and the second , he that was chiefe should put off the residue of his garments , and keeping on his feast-robe onely , wash the feete of them that were with him ? what scripture did command them neuer to lift vp their hands vnwasht in prayer vnto god , which custome aristaeus ( be the credite of the author more or lesse ) sheweth wherefore they did so religiously obserue ? what scripture did commaund the iewes euery festiuall day to fast till the sixt houre ? the custome both mentioned by iosephus in the history of his owne life , and by the words of peter signified . tedious it were to rip vp all such things , as were in that church established , yea by christ himselfe and by his apostles obserued , though not commaunded any where in scripture . well , yet a glosse there is to colour that paradoxe , and notwithstanding all this , still to make it appeare in shew not to be altogether vnreasonable . and therefore till further reply come , the cause is held by a feeble distinction ; that the commandements of god being either generall or speciall , although there be no expresse word for euery thing in specialtie , yet there are generall commaundements for all things , to the end that euen such cases as are not in scripture particularly mentioned , might not be left to any to order at their pleasure , onely with caution that nothing be done against the word of god : and that for this cause the apostle hath set downe in scripture foure generall rules , requiring such things alone to be receiued in the church , as do best and neerest agree with the same rules , that so all things in the church may be appointed , not onely not against , but by and according to the word of god. the rules are these , nothing scandalous or offensiue vnto any , especially vnto the church of god ; all things in order and with seemelinesse ; all vnto edification ; finally all to the glory of god. of which kind how many might be gathered out of the scripture , if it were necessary to take so much paines ? which rules they that vrge , minding thereby to proue that nothing may be done in the church but what scripture commaundeth , must needs hold that they tye the church of christ no otherwise , then onely because we find them there set downe by the finger of the holy ghost . so that vnlesse the apostle by writing had deliuered those rules to the church , we should by obseruing them haue sinned , as now by not obseruing them . in the church of the iewes is it not graunted , that the appointment of the hower for daily sacrifices ; the building of synagogues throughout the land to heare the word of god and to pray in , when they came not vp to ierusalem ; the erecting of pulpets & chaires to teach in ; the order of buriall , the rites of mariage , with such like , being matters appertaining to the church , yet are not any where prescribed in the law , but were by the churches discretion instituted ? what then shall we thinke ? did they hereby adde to the law , and so displeas● god by that which they did ? none so hardly perswaded of them . doth their law deliuer vnto thē the self same general rules of the apostle , that framing therby their orders they might in that respect cleare thēselues frō doing amisse ? s. paule would then of likelihood haue cited them out of the law , which we see he doth not . the truth is , they are rules and canons of that law , which is written in all men hearts ; the church had for euer no lesse then now stood bound to obserue them , whether the apostle had mentioned them or no. seeing therefore those canons do bind as they are edicts of nature , which the iewes obseruing as yet vnwritten , and thereby framing such church-orders as in their lawe were not prescribed , are notwithstanding in that respect vnculpable ; it followeth that sundry things may be lawfully done in the church , so as they be not done against the scripture , although no scripture do commaund them , but the church only following the light of reason , iudge them to be in discretion meete . secondly vnto our purpose and for the question in hand , whether the commaundements of god in scripture be generall or speciall , it skilleth not . for if being particularly applied , they haue in regard of such particulars a force constraining vs to take some one certaine thing of many , and to leaue the rest , whereby it would come to passe , that any other particular but that one being established , the generall rules themselues in that case would be broken ; then is it vtterly impossible that god should leaue any thing great or small free for the church to establish or not . thirdly if so be they shall graunt , as they cannot otherwise do , that these rules are no such lawes as require any one particular thing to be done ; but serue rather to direct the church in all things which she doth , so that free and lawfull it is to deuise any ceremony , to receiue any order , and to authorize any kind of regiment , no speciall commandement being thereby violated , and the same being thought such by them to whom the iudgement thereof appertaineth , as that it is not scandalous , but decent , tending vnto edification , and setting forth the glory of god , that is to say agreeable vnto the generall rules of holy scripture ; this doth them no good in the world for the furtherance of their purpose . that which should make for them , must proue that men ought not to make lawes for church regiment , but onely keepe those lawes which in scripture they find made . the plaine intent of the booke of ecclesiasticall discipline is to shew , that men may not deuise lawes of church gouernment ; but are bound for euer to vse and to execute only those , which god himselfe hath already deuised and deliuered in the scripture . the selfe same drift the admonitioners also had , in vrging that nothing ought to be done in the church according vnto any lawe of mans deuising , but all according to that which god in his word hath commanded . which not remembring , they gather out of scripture generall rules to bee followed in making lawes ; and so in effect they plainely graunt , that we our selues may lawfully make lawes for the church , and are not bound out of scripture onely to take lawes already made , as they meant who first alleaged that principle whereof we speake . one particular platforme it is which they respected , and which they labored thereby to force vpon all churches ; whereas these generall rules do not let , but that there may well enough be sundrie . it is the particular order established in the church of england , which thereby they did intend to alter , as being not commanded of god ; whereas vnto those generall rules they know we do not defend that we may hold any thing vncomfortable . obscure it is not what meaning they had , who first gaue out that graund axiome : and according vnto that meaning it doth preuaile farre and wide with the fauourers of that part . demaund of them , wherefore they conforme not themselues vnto the order of our church , and in euery particular their answer for the most part is , we find no such thing commaunded in the word . whereby they plainely require some speciall commaundement for that which is exacted at their hands , neither are they content to haue matters of the church examined by generall rules and canons . as therefore in controuersies betweene vs and the church of rome , that which they practise is many times euen according to the very grosnesse of that which the vulgar sort conceiueth ; when that which they teach to maintaine it is so nice and subtle , that hold can very hardly be taken thereupon ; in which cases we should do the church of god small benefite , by disputing with them according vnto the finest points of their darke conueyances , and suffering that sense of their doctrine to go vncontrolled , wherein by the common sort it is ordinarily receiued and practised : so considering what disturbance hath growne in the church amongst our selues , and how the authors thereof do commonly build altogether on this as a sure foundation , nothing ought to be established in the church which in the word of god is not commanded ; were it reason that we should suffer the same to passe without controulement , in that currant meaning whereby euery where it preuaileth , and still till some strange construction were made thereof , which no man would lightly haue thought on but being driuen thereunto for a shift ? the last refuge in maintaining this position , is thus to conster it ; nothing ought to be established in the church , but that which is commaunded in the word of god ; that is to say , all church-orders must be grounded vpon the word of god , in such sort grounded vpon the word , not that being found out by some starre or light of reason , or learning , or other helpe , they may be receiued , so they be not against the word of god ; but according at least wise vnto the generall rules of scripture they must bee made . vvhich is in effect as much as to say , we knowe not what to say well in defence of this position ; and therefore least we should say it is false , there is no remedie but to say that in some sense or other it may be true , if we could tell howe . first that scholie had neede of a very fauourable reader and a tractable , that should thinke it plaine construction , when to be commaunded in the word and grounded vpon the word are made all one . if when a man may liue in the state of matrimonie , seeking that good thereby which nature principally desireth , he make rather choyce of a contrarie life in regard of saint paules iudgement ; that which hee doth is manifestly grounded vppon the word of god , yet not commaunded in his word , because without breach of any commaundement hee might do otherwise . secondly whereas no man in iustice and reason can be reproued , for those actions which are framed according vnto that knowne will of god , whereby they are to bee iudged ; and the will of god which wee are to iudge our actions by , no sound diuine in the world euer denied to bee in parte made manifest euen by light of nature and not by scripture alone ; if the church being directed by the former of these two , ( which god hath giuen who gaue the other , that man might in different sort be guided by them both , ) if the church i say do approue and establish that which thereby it iudgeth meete , and findeth not repugnant to any word or syllable of holy scripture , who shall warrant our presumptuous boldnes controwling herein the church of christ ? but so it is , the name of the light of nature is made hatefull with men ; the starre of reason and learning , and all other such like helps , beginneth no otherwise to be thought of , then if it were an vnluckie comet , or as if god had so accursed it , that it should neuer shine or giue light in things concerning our dutie any way towardes him , but be esteemed as that starre in the reuelation called wormewood , which beeing fallen from heauen , maketh riuers and waters in which it falleth so bitter , that men tasting them dye thereof . a number there are , who thinke they cannot admire as they ought the power and authoritie of the worde of god , if in things diuine they should attribute any force to mans reason . for which cause they neuer vse reason so willingly as to disgrace reason . their vsuall and common discourses are vnto this effect . . the naturall man perceiueth not the thinges of the spirit of god : for they are foolishnesse vnto him ; neither can he knowe them , because they are spiritually discerned . . it is for nothing that saint paule giueth charge to beware of philosop●ie , that is to say , such knowledge as men by naturall reason attaine vnto . . consider them that haue from time to time opposed themselues against the gospell of christ , and most troubled the church with heresie . haue they not alwayes bene great admirers of humane reason ? hath their deepe and profound skill in secular learning , made them the more obedient to the truth , and not armed them rather against it ? . they that feare god will remember how heauie his sentences are in this case ; i will destroy the wisdome of the wise , and will cast away the vnderstanding of the prudent . where is the wise ? where is the scribe ? where is the disputer of this world ? hath not god made the wisedome of this world foolishnesse ? seeing the world by wisedome knewe not god in the wisedome of god , it pleased god by the foolishnesse of preaching to saue beleeuers . . the word of god in it selfe is absolute , exact , and perfect . the word of god is a two edged sword : as for the weapons of naturall reason , they are as the armour of saule , rather cumbersome about the souldier of christ then needefull . they are not of force to doe that , which the apostles of christ did by the power of the holy ghost . my preaching , therefore sayth paule , hath not bene in the intising speech of mans wisedome , but in plaine euidence of the spirit and of power ; that your faith might not bee in the wisedome of men , but in the power of god. . if i beleeue the gospell , there needeth no reasoning about it to perswade mee : if i doe not beleeue , it must bee the spirit of god , and not the reason of man , that shall conuert my heart vnto him . by these and the like disputes an opinion hath spread it selfe very farre in the world , as if the way to bee ripe in faith , were to bee rawe in wit and iudgement ; as if reason were an enemie vnto religion , childish simplicitie the mother of ghostly and diuine wisedome . the cause why such declamations preuaile so greatly , is for that men suffer themselues in two respects to bee deluded ; one is that the wisedome of man being debased , either in comparison with that of god , or in regard of some speciall thing exceeding the reach and compasse thereof , it seemeth to them ( not marking so much ) as if simply it were condemned : an other , that learning , knowledge , or wisdome falsely so tearmed , vsurping a name wherof they are not worthy , and being vnder that name controlled , their reproofe is by so much the more easily misapplied , and through equiuocation wrested against those things wherunto so pretious names do properly and of right belong . this duly obserued , doth to the former allegations it selfe make sufficient answere . howbeit for all mens plainer and fuller satisfaction , first concerning the inhabilitie of reason to search out and to iudge of things diuine ; if they be such as those properties of god , and those duties of men towards him , which may be conceiued by attentiue consideration of heauen and earth ; we know that of meere natural men , the apostle testifieth , how they knew both god , and the lawe of god. other things of god there be , which are neither so found , nor though they be shewed , can euer be approued without the speciall operation of gods good grace & spirit . of such things sometime spake the apostle s. paul , declaring how christ had called him to be a witnesse of his death and resurrection from the dead , according to that which the prophets and moses had foreshewed . festus a meere naturall man , an infidell , a romane , one whose eares were vnacquainted with such matter , heard him , but could not reach vnto that whereof he spake ; the suffering and the rising of christ frō the dead ▪ he reiecteth as idle superstitious phancies not worth the hearing . the apostle that knew them by the spirit , & spake of them with power of the holy ghost , seemed in his eyes but learnedly mad . which example maketh manifest what elswhere the same apostle teacheth , namely that nature hath need of grace ; wherunto i hope we are not opposite , by holding that grace hath vse of nature . . philosophie we are warned to take heed of : not that philosophie , which is true and sound knowledge attained by naturall discourse of reason ; but that philosophie which to bolster heresie or error , casteth a fraudulent shew of reason vpō things which are indeed vnreasonable , and by that meane as by a stratagem spoileth the simple which are not able to withstād such cunning . take heed least any spoile you through philosophie and vain deceit . he that exhorteth to beware of an enemies policie , doth not giue counsell to be impolitique ; but rather to vse all prouident foresight and circumspection , least our simplicitie be ouerreacht by cunning sleights . the way not to be inueigled by them that are so guilefull through skill , is thorowly to be instructed in that which maketh skilfull against guile , and to be armed with that true and sincere philosophy , which doth teach , against that deceiptfull and vaine , which spoileth . . but many great philosophers haue bene very vnsound in beliefe . and many sound in beliefe , haue bene also great philosophers . could secular knowledge bring the one sort vnto the loue of christian faith ? nor christian faith the other sort out of loue with secular knowledge . the harme that heretiques did , they did it vnto such , as were vnable to discerne betweene sound and deceiptfull reasoning ; and the remedie against it , was euer the skill which the auncient fathers had to discrie and discouer such deceipt . in so much that cresconius the heretique complained greatly of s. augustine , as being too full of logicall subtilties . heresie preuaileth onely by a counterfeit shewe of reason ; whereby notwithstanding it becommeth inuincible , vnlesse it be conuicted of fraude by manifest remonstrance , clearely true , and vnable to be withstood . when therefore the apostle requireth habilitie to conuict heretiques , can we thinke he iudgeth it a thing vnlawfull , and not rather needfull to vse the principall instrument of their conuiction , the light of reason ? it may not be denied but that in the fathers writings there are sundrie sharpe inuectiues against heretiques , euen for their very philosophicall reasonings . the cause wherof tertullian confesseth , not to haue bene any dislike conceiued against the kinde of such reasonings , but the end . we may ( saith hee ) euen in matters of god , be made wiser by reasons drawne from the publique perswasions which are grafted in mens mindes , so they be vsed to further the truth , not to bo●ster error ; so they make with , not against that which god hath determined . for there are some things euen knowne by nature , as the immortalitie of the soule vnto many , our god vnto all ▪ i will therfore my selfe also vse the sentence of some such as plato , pronouncing euery soule immortall . i my selfe too will vse the secret acknowledgement of the cōmunaltie , bearing record of the god of gods. but when i heare men alleage , that which is dead is dead ; and , while thou art aliue be aliue ; and , after death an end of all euen of death it selfe : then will i call to minde both that the heart of the people with god is accounted dust , and that the very wisdome of the world is pronounced folly . if then an heretique flye also vnto such vitious popular and secular conceipts , my answere vnto him shal be ; thou heretique auoyd the heathen ; although in this ye be one , that ye both bely god ; yet thou that doest this vnder the name of christ , differest frō the heathen , in that thou seemest to thy selfe a christiā . leaue him therfore his conceits , seeing that neither will he learne thine . why doest thou hauing sight , trust to a blinde guide , thou which hast put on christ , take raiment of him that is naked ? if the apostle haue armed thee , why doest thou borrow a straungers shield ? let him rather learne of thee to acknowledge , then thou of him to renounce the resurrection of the flesh . in a word ▪ the catholique fathers did good vnto all by that knowledge , whereby heretiques hindering the truth in many , might haue furthered therwith themselues , but that obstinately following their owne ambitious or otherwise corrupted affections , in stead of framing their wills to maintaine that which reason taught , they bent their wits to finde how reason might seeme to teach that which their wills were set to maintaine . for which cause the apostle saith of them iustly , that they are for the most part 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , men condemned euen in and of themselues . for though they be not all perswaded that it is truth which they withstand ; yet that to be error which they vphold , they might vndoubtedly the sooner a great deale attaine to know , but that their studie is more to defend what once they haue stood in , then to finde out sincerely and simply what truth they ought to persist in for euer . . there is in the world no kinde of knowledge , whereby any part of truth is seene , but wee iustly account it pretious ; yea that principall truth , in comparison whereof all other knowledge is vile , may receiue from it some kinde of light . whether it be that egyptian and chaldaean wisedome mathematicall , wherewith moses and daniell were furnished ; or that naturall , morall , and ciuill wisedome , wherein salomon excelled all men ; or that rationall and oratoriall wisedome of the graecians , which the apostle saint paul brought from tarsus ; or that iudaicall ; which he learned in ierusalem sitting at the feete of gamaliell ; to detract frō the dignitie therof , were to iniurie euen god himselfe , who being that light which none can approch vnto , hath sent out these lights wherof we are capable , euē as so many sparkls resēbling the bright foūtain from which they rise . but there are that beare the title of wise men and scribes , and great disputers of the world , and are nothing indeede lesse then what in shewe they most appeare . these being wholly addicted vnto their owne willes , vse their wit , their learning , and all the wisedome they haue , to maintaine that which their obstinate hearts are delighted with ▪ esteeming in the phrentique error of their mindes , the greatest madnesse in the world to be wisedome , and the highest wisdom foolishnes . such were both iewes and graecians , which professed the one sort legall , and the other secular skill , neither induring to bee taught the mystery of christ : vnto the glory of whose most blessed name , who so studie to vse both their reason and all other gifts as wel which nature as which grace hath indued thē with ▪ let them neuer doubt but that the same god , who is to destroy & confound vtterly that wisdome falsely so named in others , doth make reckoning of them as of true scribes , scribes by wisdome instructed to the kingdome of heauen , not scribes against that kingdome hardned in a vaine opinion of wisdom , which in the end being proued folly , must needs perish , true vnderstāding , knowledge , iudgemēt & reason , continuing for euermore . . vnto the word of god , being in respect of that end for which god ordeined it , perfect , exact , and absolute in it selfe , we do not adde reason as a supplemēt of any maime or defect therin , but as a necessary instrument , without which we could not reape by the scriptures perfection , that fruite & benefite which it yeeldeth . the word of god is a two edged sword , but in the hāds of reasonable men ; & reason as the weapon that slewe goliath , if they be as dauid was that vse it . touching the apostles , hee which gaue them from aboue such power for miraculous confirmation of that which they taught , indued , thē also with wisdom frō aboue to teach that which they so did confirme . our sauiour made choise of ▪ simple & vnlearned men , that the greater their lack of natural wisdom was , the more admirable that might appeare , which god supernaturally indued thē with frō heauen . such therfore as knew the poore & silly estate wherin they had liued , could not but wonder to heare the wisdome of their speech , & be so much the more attentiue vnto their teaching . they studied for no toong they spake withall ; of thēselues they were rude & knew not so much as how to premeditate , the spirit gaue them speech & eloquēt v●terance . but because with s. paul it was otherwise then with the rest , in as much as he neuer conuersed with christ vpō earth as they did ; and his education had bin scholasticall altogether , which theirs was not ; hereby occasion was taken by certaine malignants , secretly to vndermine his great authoritie in the church of christ , as though the gospell had bin taught him by others then by christ himself ▪ & as if the cause of the gentiles conuersion & beliefe through his meanes , had bin the learning and skill which he had by being conuersant in their books , which thing made thē so willing to heare him , & him so able to perswade thē , wheras the rest of th' apostles preuailed , because god was with them , & by miracle frō heauen confirmed his word in their mouthes . they were mightie in deeds : as for him , being absēt his writings had some force , in presence his power not like vnto theirs . in summe , cōcerning his preaching , their very by word was , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , addle speech , emptie talke . his writings full of great words , but in the power of miraculous operatiōs his presence not like the rest of the apostles . hereupon it riseth , that s. paul was so often driuen to make his apologies . herevpō it riseth , that whatsoeuer time he had spent in the study of humane learning , he maketh earnest protestation to them of corinth , that the gospell which hee had preached amongst them , did not by other meanes preuaile with them , then with others the same gospel taught by the rest of the apostles of christ. my preaching , saith he , hath not bene in the perswasiue speeches of humane wisdome , but in demonstratiō of the spirit & of power , that your faith may not be in the wisdom of men , but in the power of god. what is it which the apostle doth here denie ? is it denied that his speech amongst thē had bin perswasiue ? no , for of him the sacred history plainely testifieth , that for the space of a yeare & a half he spake in their synagogue euery saboth , and perswaded both iewes and graecians . how then is the speech of men made perswasiue ? surely there can be but two waies to bring this to passe , the one humane , the other diuine . either s. paul did onely by arte and naturall industrie cause his owne speech to be credited ; or else god by myracle did authorize it , & so bring credit thereunto , as to the speech of the rest of the apostles . of which two the former he vtterly denieth . for why ? if the preaching of the rest had bene effectuall by miracle , his onely by force of his owne learning ; so great inequalitie between him & the other apostles in this thing ▪ had bin enough to subuert their faith . for might they not with reasō haue thought , that if he were sent of god as wel as they , god would not haue furnished thē & not him with the power of the holy ghost ? might not a great part of them being simple happily haue feared , least their assent had bene cunningly gotten vnto his doctrine , rather through the weaknes of their owne wits , thē the certaintie of that truth which he had taught them ? how vnequall had it bin , that al beleeuers through the preaching of other apostles should haue their faith strongly built vpon the euidence of gods own miraculous approbatiō , & they whō he had cōuerted should haue their perswasion built only vpon his skill & wisdome who perswaded them ? as therfore calling frō men may authorize vs to teach , although it could not authorize him to teach as other apostles did : so although the wisdom of man had not bin sufficient to inable him such a teacher as the rest of the apostles were , vnles gods miracles had strengthned both the one & the others doctrine ; yet vnto our habilitie both of teaching & learning the truth of christ , as we are but meere christiā mē it is not a litle which the wisdome of man may adde . . yea whatsoeuer our harts be to god & to his truth , beleeue we or be we as yet faithles , for our conuersion or confirmatiō the force of natural reason is great . the force whereof vnto those effects is nothing without grace . what then ? to our purpose it is sufficient , that whosoeuer doth serue , honor & obey god , whosoeuer beleeueth in him , that mā would no more do this then innocents & infants do , but for the light of natural reason that shineth in him , & maketh him apt to apprehend those things of god , which being by grace discouered , are effectuall to perswade reasonable mindes and none other , that honour obedience and credit belong aright vnto god. no man cōmeth vnto god to offer him sacrifice , to poure out supplications & praiers before him , or to do him any seruice , which doth not first beleeue him both to be , & to be a rewarder of them who in such sort seeke vnto him . let men bee taught this either by reuelation from heauen , or by instruction vpon earth , by labor , studie and meditation , or by the onely secret inspiration of the holy ghost ; whatsoeuer the meane be they know it by , if the knowledge therof were possible without discourse of natural reasō , why should none be foūd capable therof but only mē , nor mē til such time as they come vnto ripe & full habilitie to work by reasonable vnderstanding ▪ the whole drift of the scripture of god , what is it but only to teach theologie . theologie what is it but the science of things diuine ? what science can be attained vnto without the help of natural discourse & reasō ? iudge you of that which i speake , saith the apostle . in vaine it were to speake any thing of god , but that by reason mē are able somewhat to iudge of that they heare , & by discourse to discerne how cōsonāt it is to truth . scripture indeed teacheth things aboue nature , things which our reason by it selfe could not reach vnto . yet those things also we beleeue , knowing by reason that the scripture is the word of god. in the presence of festus a romane , and of king agrippa a iew , s. paul omitting the one , who neither knew the iewes religion , nor the books wherby they were taught it , speaketh vnto the other of things foreshewed by moses & the prophets , & performed in iesus christ ; intending therby to proue himselfe so vniustly accused , that vnlesse his iudges did cōdemne both moses & the prophets , him they could not choose but acquite , who taught only that fulfilled , which they so long since had foretolde . his cause was easie to be discerned ; what was done their eies were witnesses ; what moses & the prophets did speake , their bookes could quicly shew ; it was no hard thing for him to cōpare them , which knew the one , & beleeued the other . king agrippa beleeuest thou the prophets ? i know thou dost . the questiō is how the bookes of the prophets came to be credited of king agrippa . for what with him did authorize the prophets , the like with vs doth cause the rest of the scripture of god to be of credit . because we maintain that in scripture we are taught all things necessary vnto saluation , hereupon very childishly it is by some demanded , what scripture can teach vs the sacred authoritie of the scripture , vpō the knowledge wherof our whole faith & saluation dependeth . as though there were any kind of science in the world , which leadeth men into knowledge , without presupposing a number of thinges alreadie knowne . no science doth make knowne the first principles whereon it buildeth ; but they are alwaies either taken as plaine and manifest in themselues , or as proued and granted already , some former knowledge hauing made them euident . scripture teacheth al supernaturally reuealed truth , without the knowledge wherof saluatiō cannot be attained . the maine principle wherupon our beliefe of al things therin contained dependeth , is that the scriptures are the oracles of god himselfe . this in it selfe wee cannot say is euident . for thē all men that heare it would acknowledge it in hart , as they do when they heare that euery whole is more then any part of that whole , because this in it selfe is euident . the other we know that all do not acknowledge when they heare it . there must be therefore some former knowledge presupposed , which doth herein assure the hearts of all beleeuers . scripture teacheth vs that sauing truth which god hath discouered vnto the world by reuelation ; & it presumeth vs taught otherwise that it self is diuine & sacred . the questiō thē being by what meanes we are taught this ; some answere that to learne it we haue no other way then only traditiō ; as namely that so we beleeue , because both we from our predecessors , & they from theirs haue so receiued . but is this inough ? that which al mens experience teacheth them , may not in any wise be denied . and by experience we all know , that the first outward motiue leading men so to esteeme of the scripture , is the authority of gods church . for whē we know the whole church of god hath that opiniō of the scripture , we iudge it euen at the first an impudēt thing for any man bredde and brought vp in the church , to bee of a contrary mind without cause . afterwards the more we bestow our labor in reading or hearing the misteries thereof , the more we find that the thing it selfe doth answer our receiued opinion concerning it . so that the former inducement preuailing somwhat with vs before , doth now much more preuaile , when the very thing hath ministred farther reason . if infidels or atheists chance at any time to call it in question , this giueth vs occasion to sift what reason there is , whereby the testimony of the church cōcerning scripture , & our own perswasiō which scripture it selfe hath confirmed , may be proued a truth infallible . in which case the ancient fathers being often constrained to shew , what warrant they had so much to relie vpō the scriptures , endeuored still to maintain the authority of the books of god , by arguments such as vnbeleeuers thēselues must needs think reasonable , if they iudged therof as they shuld . neither is it a thing impossible or greatly hard , euen by such kind of proofes so to manifest & cleere that point , that no mā liuing shal be able to deny it , without denying some apparent principle such as al men acknowledge to be true . wherefore if i beleeue the gospell , yet is reason of singular vse , for that it confirmeth me in this my beleefe the more : if i do not as yet beleeue , neuertheles to bring me to the number of beleeuers except reasō did somwhat helpe , & were an instrument which god doth vse vnto such purposes , what should it boote to dispute with infidels or godles persons for their conuersion & perswasion in that point ? neither can i thinke that when graue & learned men do sometime hold , that of this principle there is no proofe but by the testimony of the spirit , which assureth our harts therin , it is their meaning to exclude vtterly all force which any kind of reason may haue in that behalfe : but i rather iucline to interpret such their speeches , as if they had more expresly set downe , that other motiues & inducemēts , be they neuer so strong & consonāt vnto reason , are notwithstanding vneffectual of thēselues to worke faith concerning this principle , if the special grace of the holy ghost concur not to the inlightning of our minds . for otherwise i doubt not but mē of wisdom & iudgemēt wil grant , that the church in this point especially is furnished with reason , to stop the mouthes of her impious aduersaries : and that as it were altogether bootles to alleage against thē , what the spirit hath taught vs ; so likewise that euen to our owne selues it needeth caution and explicatiō , how the testimony of the spirit may be discerned , by what meanes it may be known , least mē think that the spirit of god doth testifie those things , which the spirit of error suggesteth . the operations of the spirit , especially these ordinary which be cōmon vnto all true christian men , are as we know , things secret & vndiscernable euen to the very soule where they are , because their nature is of an other & an higher kind thē that they cā be by vs perceiued in this life . wherfore albeit the spirit lead vs into all truth , & direct vs in all goodnes ; yet because these workings of the spirit in vs are so priuy & secret , we therfore stand on a plainer ground , when we gather by reason frō the quality of things beleeued or done , that the spirit of god hath directed vs in both ; then if we settle our selues to beleeue , or to do any certaine particular thing , as being moued thereto by the spirit . but of this enough . to go frō the books of scripture to the sense & meaning therof ; because the sentēces which are by the apostles recited out of the psalms to proue the resurrectiō of iesus christ , did not proue it , if so be the prophet dauid meant thē of himsef ; this expositiō therfore they plainly disproue , & shew by manifest reason , that of dauid the words of dauid could not possibly be meant . exclude the vse of naturall reasoning about the sense of holy scripture concerning the articles of our faith , & then that the scripture doth concerne the articles of our faith , who can assure vs ? that which by right exposition buildeth vp christian faith , being misconstrued breedeth error : between true and false construction , the difference reason must shew . can christian men perform that which peter requireth at their hands ; is it possible they should both beleeue , & be able , without the vse of reason , to render a reason of their beleefe , a reason sound and sufficient to answer them that demaund it , be they of the same faith with vs or enemies therunto ? may we cause our faith without reason to appeare reasonable in the eyes of men ? this being required euen of learners in the schoole of christ ; the duty of their teachers in bringing them vnto such ripenes , must needes be somewhat more , then only to read the sentences of scripture , and then paraphrastically to scholie them , to vary thē with sundry formes of speech , without arguing or disputing about anything which they contain . this method of teaching may cōmend it selfe vnto the world by that easines & facilitie which is in it : but a law or a patterne it is not , as some do imagine , for all men to follow that will do good in the church of christ. our lord and sauiour himselfe did hope by disputation to do some good , yea by disputatiō not onely of , but against the truth , albeit with purpose for the truth . that christ should be the sonne of dauid was truth ; yet against this truth our lorde in the gospell obiecteth , if christ be the son of dauid , how doth dauid call him lord ? there is as yet no way knowne how to dispute , or to determine of things disputed , without the vse of naturall reason ▪ if we please to adde vnto christ their example , who followed him as neere in all thinges as they could , the sermon of paule and barnabas set downe in the actes , where the people would haue offered vnto them sacrifice ▪ in that sermon what is there but onely naturall reason to disproue their acte ? o men why doe you these thinges ? we are men euen subiect to the selfe same passions with you : wee preach vnto you to leaue these vanities , and to turne to the liuing god , the god that hath not left himselfe without witnesse , in that he hath done good to the world , giuing raine and fruitfull seasons , filling our heart with ioy and gladnesse . neither did they onely vse reason in winning such vnto christian beleefe as were yet thereto vnconuerted , but with beleeuers themselues they followed the selfesame course . in that great and solemne assembly of beleeuing iewes , how doth peter proue that the gentiles were partakers of the grace of god as well as they , but by reason drawne from those effectes , which were apparently knowne amongst them ? god which knoweth hearts , hath borne them witnesse in giuing vnto them the holy ghost as vnto vs. the light therefore which the starre of naturall reason and wisedome casteth , is too bright to be obscured by the mist of a word or two , vttered to diminish that opinion which iustly hath beene receiued concerning the force and vertue thereof , euen in matters that touch most nearely the principall duties of men , and the glory of the eternall god. in all which hitherto hath beene spoken touching the force and vse of mans reason in thinges diuine , i must craue that i be not so vnderstood or cōstrued , as if any such thing by vertue thereof could be done without the aide and assistance of gods most blessed spirit . the thing wee haue handled according to the question mooued about it ; which question is , whether the light of reason be so pernitious , that in deuising lawes for the church , men ough● not by it to search what may be fit & cōuenient . for this cause therfore we haue endeuoured to make it appeare , how in the nature of reason it selfe there is no impedimēt , but that the self-same spirit , which reuealeth the things that god hath set down in his law , may also be though● to aid & direct men in finding out by the light of reason , what lawes are expedient to be made for the guiding of his church , ouer and besides them that are in scripture . herein therfore we agree with those men , by whom humane lawes are defined , to be ordinances which such as haue lawfull authorisi● giuen them fo● that purpose , do probably draw from the lawes of nature & god , by discourse of reason , aided with the influence of diuine grace . and for that cause it is not said amisse touching ecclesiasticall canons , that by instinct of the holy ghost they haue bin made , and consecrated by the reuerend acceptation of all the world . lawes for the church are not made as they should be , vnles the makers follow such directiō as they ought to be guided by . wherin that scripture standeth no● the church of god in any stead , of serueth nothing at a●●o direct , but may be let passe as needles to be consulted with , we iudge it prophane ▪ impious , and irreligious to thinke . for although it were in vaine to make laws which the scripture hath already made , because what we are already there cōmanded to do , on our parts there resteth nothing but only that it be executed : yet because both in that which we are commanded , in concerneth the duty of the church by law to prouide , that the loosenes and slacknes of men may not cause the commandements of god to be vnexecuted ; and a number of things there are for which the scripture hath not prouided by any law , but left them vnto the carefull discretion of the church ; we are to search how the church in these cases may be well directed , to make that prouision by lawes which is most conuenient &c fit . and what is so in these cases , partly scripture , and partly reason must teach to discerne . scripture comprehending examples & lawes , lawes some naturall and some positiue ; examples neither are there for al cases which require lawes to be made , and whe● they are , they can but direct as precedents onely . naturall lawes direct in such sorte , that in all things wee must for euer doe according vnto them ; positiue so , that against them in no case we may doe any thing , as long as the will of god is that they should remaine in force . howbeit when scripture doth yeelde vs precedents , how far forth they are to be followed ▪ when it giueth naturall lawes , what particular order is thereunto most agreeable ; when positiue , which way to make lawes vnrepugnant vnto them ; yea though all these should wan● , ye● what kinde of ordinances would be most for that good of the church which is aimed at , al this must be by reason found out . and therefore tib refuse the conduct of the light of nature , saith s. augustine , is not folly alone , but accompanied with impietie . the greatest amongst the schoole diuines , studying how to set downe by exact definition the nature of an humane lawe'● ( of which nature all the churches constitutions are ) found not which way , better to do it th●n in these words . out of the precep●s of the law of nature , as out of certaine cōmon & vndemonstrable principles , mans reason doth necessarily proceede , vnto certaine more particular determinations ; which particular determinations beeing found out according vnto the reason of man , they haue the names of humane lawes ; so that such other conditions be therein kept as the making of lawes doth require , that is , if they whose authoritie is thereunto required do establish and publish them as lawes . and the truth is , that all our controuersie in this cause concerning the orders of the church , is what particulars the church may appoint . that which doth finde them out , is the force of mans reason . that which doth guide and direct his reason , is first the generall law of nature , which law of nature and the morall law of scripture are in the substance of law all one . but because there are also in scripture a number of lawes particular and positiue , which being in force may not by any law of man be violated : we are in making lawes to haue thereunto an especiall eie . as for example , it might perhaps seeme reasonable vnto the church of god , following the generall laws concerning the nature of mariage , to ordaine in particular that cosen germains shall not marry . which law notwithstanding ought not to be receiued in the church , if there should be in the scripture a law particular to the contrary , forbidding vtterly the bonds of mariage to be so far forth abridged . the same thomas therfore whose definition of humane lawes we mentioned before , doth adde thereunto his caution concerning the rule and canon whereby to make them : humane lawes are measures in respect of men whose actiōs they must direct ; howbeit such measures they are , as haue also their higher rules to be measured by , which rules are two , the law of god , and the law of nature . so that laws humane must be made according to the generall lawes of nature , & without contradiction vnto any positiue lawe in scripture . otherwise they are ill made . vnto lawes thus made and receiued by a whole church , they which liue within the bosome of that church , must not think it a matter indifferēt either to yeeld or not to yeeld obedience . is it a small offence to despise the church of god ? my sonne keepe thy fathers comaundement , saith salomon , & forget not thy mothers instruction ; bind thē bothe alwaies about thine hart . it doth not stand with the duty which we owe to our heauenly fathers , that to the ordinances of our mother the church we should shew our selues disobedient . let vs not say we keepe the commandements of the one , when we breake the law of the other : for vnlesse we obserue bothe , we obey neither . and what doth let but that we may obserue both , when they are not the one to the other in any sort repugnant ? for of such lawes only we speake , as being made in forme and maner already declared , can haue in them no contradiction vnto the lawes of almighty god. yea that which is more , the lawes thus made god himselfe doth in such sort authorize , that to despise them is to despise in them him . it is a loose & licentious opinion which the anabaptists haue embraced , holding that a christian mans libertie is lost , and the soule which christ hath redeemed vnto himselfe iniuriously drawne into seruitude vnder the yoke of humane power , if any law be now imposed besides the gospell of iesus christ : in obedience whereunto the spirite of god , and not the constraint of men is to leade vs , according to that of the blessed apostle , such as are led by the spirits of god they are the sonnes of god , and not such as liue in thraldome vnto men . their iudgement is therefore that the church of christ should admit no law makers but the euangelists . the author of that which causeth another thing to be , is author of that thing also which thereby is caused . the light of naturall vnderstanding , wit and reason is from god ; he it is which thereby doth illuminate euery man entering into the world . if there proceede from vs any thing afterwardes corrupt and naught , the mother thereof is our owne darknes , neither doth it proceed from any such cause whereof god is the author . he is the author of all that we think or doe by vertue of that light which himselfe hath giuen . and therefore the lawes which the very heathens did gather direct their actiōs by , so far forth as they proceeded from the light of nature , god himselfe doth acknowledge to haue proceeded euen from himselfe , and that he was the writer of them in the tables of their hearts . how much more then he the author of those lawes , which haue bene made by his saints , endued furder with the heauenly grace of his spirit ▪ and directed as much as might be with such instructiōs as his sacred word doth yeeld ? surely if we haue vnto those lawes that dutifull regard which their dignitie doth require , it will not greatly need , that we should be exhorted to liue in obedience vnto them . if they haue god himselfe for their author , contempt which is offered vnto them cannot choose but redound vnto him . the safest and vnto god the most acceptable way of framing our liues therfore is , with all humilitie lowlines and singlenes of hart to studie , which way our willing obedience both vnto god and man may be yeelded euen to the vtmost of that which is due . touching the mutabilitie of lawes that concerne the regiment & politie of the church , changed they are , when either altogether abrogated , or in part repealed or augmented with farther additions . wherein wee are to note , that this question about changing of lawes , concerneth onely such lawes as are positiue , and do make that now good or euill by being commanded or forbidden , which otherwise of it selfe were not simply the one or the other . vnto such lawes it is expressely ▪ sometimes added , how long they are to continue in force . if this be no where exprest , then haue we no light to direct our iudgemēts concerning the chaungeablenes or immutabilitie of them , but by considering the nature and qualitie of such lawes . the nature of euery lawe must be iudged of by the ende for which it was made , and by the aptnes of thinges therein prescribed vnto the same end . it may so fall out , that the reason why some lawes of god were giuen , is neither opened nor possible to be gathered by wit of man. as why god should forbid adam that one tree , there was no way for adam euer to haue certainely vnderstood . and at adams ignorance of this point satan tooke aduantage , vrging the more securely a false cause , because the true was vnto adam vnknowne . why the iewes were forbidden to plow their ground with an oxe and an asse , why to cloath themselues with mingled attire of wooll and linnen , both it was vnto them , & vnto vs it remaineth obscure . such lawes perhaps cannot be abrogated , sauing onely by whom they were made : because the intent of them being knowne vnto none but the author , he alone can iudge how long it is requisite they should endure . but if the reason why things were instituted may be known , and being knowne do appeare manifestly to be of perpetuall necessitie , then are those things also perpetuall , vnlesse they cease to be effectuall vnto that purpose for which they were at the first instituted . because when a thing doth cease to be auaileable vnto the end which gaue it being , the continuance of it must then of necessitie appeare superfluous . and of this we cannot be ignorant , how sometimes that hath done great good , which afterwardes when time hath chaunged the auncient course of thinges , doth growe to be either very hurtfull , or not so greatly profitable and necessary . if therefore the end for which a lawe prouideth be perpetually necessary , & the way whereby it prouideth perpetually also most apt , no doubt but that euery such law ought for euer to remain vnchangeable . whether god be the author of lawes , by authorizing that power of men wherby they are made , or by deliuering them made immediately from himselfe , by word only , or in writing also , or howsoeuer ; notwithstāding the authority of their maker , the mutabilitie of that end for which they are made doth also make them changeable . the law of ceremonies came from god. moses had commandement to commit it vnto the sacred records of scripture , where it continueth euen vnto this very day and houre ; in force still as the iewe surmiseth , because god himselfe was author of it , and for vs to abolish what hee hath established were presumptiō most intollerable . but ( that which they in the blindnes of their obdurate hearts are not able to discerne ) sith the end for which that lawe was ordained is now fulfilled past and gone ; how should it but cease any longer to bee , which hath no longer any cause of being in force as before ? that which necessitie of some speciall time doth cause to be inioyned , bindeth no longer thē during that time , but doth afterwards become free . which thing is also plain , euen by that law which the apostles assembled at the counsell of ierusalem did frō thence deliuer vnto the church of christ ; the preface whereof to authorize it was , to the holy ghost and to vs it hath seemed good : which stile they did not vse as matching thēselues in power with the holy ghost , but as testifying the holy ghost to be the author , and themselues but onely vtterers of that decree . this lawe therefore to haue proceeded from god as the author therof , no faithful man wil denie . it was of god , not only because god gaue thē the power wherby they might make lawes , but for that it proceeded euen frō the holy motion & suggestion of that secret diuine spirit , whose sentence they did but only pronounce . notwithstanding as the law of ceremonies deliuered vnto the iews , so this very law which the gentiles receiued from the mouth of the holy ghost , is in like respect abrogated by decease of the end for which it was giuen . but such as do not sticke at this point , such as graunt that what hath bene instituted vpon any special cause needeth not to be obserued that cause ceasing , do notwithstanding herein faile ; they iudge the lawes of god onely by the author and maine end for which they were made , so that for vs to change that which he hath established , they hold it execrable pride & presumption , if so be the end and purpose for which god by that meane prouideth bee permanent . and vpon this they ground those ample disputes cōcerning orders and offices , which being by him appointed for the gouernment of his church , if it be necessary alwaies that the church of christ be gouerned , then doth the end for which god prouided remaine still ; and therefore in those means which he by law did establish as being fittest vnto that end , for vs to alter any thing is to lift vp our selues against god , and as it were to countermaund him . wherin they marke not that laws are instruments to rule by , and that instruments are not only to be framed according vnto the generall ende for which they are prouided , but euē according vnto that very particular which riseth out of the matter wheron they haue to worke . the end wherefore lawes were made may be permanent , and those lawes neuerthelesse require some alteration , if there be any vnfitnes in the meanes which they prescribe as tending vnto that end & purpose . as for exāple , a law that to bridle the●● doth punish the ones with a quadruple ●estitution , hath an end which wil cōtinue as long as the world it self cōtinueth . theft will be alwayes , and will alwayes need to be bridled ▪ but that the meane which this law prouideth for that end ▪ namely the punishment of quadruple restitution , that this will be alwaies sufficient to bridle and restraine that kind of enormity , no man can warrant . insufficiency of lawes doth somtimes come by want of iudgement in the makers . which cause cannot fall into any law termed properly and immediatly diuine , as it may and doth into humaine lawes often . but that which hath bene once most sufficient , may wax otherwise by alteratiō of time & place ; that punishment which hath bene somtimes forcible to bridle sinne , may grow afterwards too weake and feeble . in a word we plainely perceiue by the difference of those three lawes which the iewes receiued at the hands of god , the morall , ceremoniall , & iudiciall , that if the end for which , and the matter according whereunto god maketh his lawes , continue alwaies one and the same ▪ his laws also do the like ; for which cause the morall law cannot be altered : secondly that whether the matter wheron lawes are made continue or cōtinue not , if their end haue once ceased , they cease also to be of force ; as in the law ceremonial it fareth : finally that albeit the end cōtinue , as in that law of theft specified , and in a great part of those ancient iudicials it doth ; yet for as mush as there is not in all respects the same subiect or matter remaining for which they were first instituted , euen this is sufficient cause of change . and therefore lawes though both ordeined of god himselfe ▪ and the end for which they were ordeined continuing ▪ may notwithstanding cease ▪ if by alteration of persons or times they be foūd vnsufficiēt to attain vnto that end . in which respect why may we not presume , that god doth euē call for such change or alteratiō , as the very cōdition of things thēselues doth make necessary ? they which do therfore plead the authority of the law-maker ▪ as an argument wherefore it should not be lawfull to change that which he hath instituted ▪ and will haue this the cause why all the ordinances of our sauiour are immutable ▪ they which vrge the wisdome of god as a proofe , that whatsoeuer laws he hath made they ought to stand , ●nlesse himselfe from heauen proclaime them disanuld ▪ because it is not in man to correct the ordināce of god ; may know , if it please thē to take notice therof , that we are far frō presuming to think that mē can better any thing which god hath done , euē as we are from thinking that mē should presume to vndo some things of men , which god doth know they cannot better . god neuer ordeined any thing that could be bettered . yet many things he hath , that haue bene changed , and that for the better . that which succeedeth as better now whē change is requisite , had bin worse when that which now is changed was instituted . otherwise god had not then left this to choose that , neither would now reiect that to choose this , were it not for some new grown occasion making that which hath bene better worse . in this case therefore 〈…〉 not presume to change gods ordinance ▪ but they yeeld thereunto requiring it selfe to be chaunged . against this it is obiected , that to abrogate or innouate the gospel of christ , if mē do angels should attempt , it were most heynous and cursed sacriledge . and the gospell as they say containeth not only doctrine instructing men how they should beleeue , but also precepts concerning the regiment of the church ▪ discipline therefore is a part of the gospell ; and god being the author of the whole gospel , a as well of discipline as of doctrine , it cānot be but that both of them haue a common cause . so that as we are to beleeue for euer the articles of euangelicall doctrine , so the precepts of discipline we are in like sort bound for euer to obserue . touching points of doctrine , as for example the vnity of god , the trinitie of persons , saluation by christ , the resurrection of the body , life euerlasting , the iudgement to come , and such like , they haue bene since the first houre that there was a church in the world , and till the last they must be beleeued . but as for matters of regiment , they are for the most part of another nature . to make new articles of faith and doctrine no man thinketh it lawfull ; new lawes of gouernment what common wealth or church is there which maketh not either at one time or another ? the rule of faith , saith tertullian , is but one and that alone immoueable , and impossible to be framed or cast anew . the law of outward order & polity not so . there is no reason in the world wherfore we should esteeme it as necessary alwayes to do , as alwayes to beleeue the same things ; seeing euery man knoweth that the matter of faith is constant , the matter contrariwise of action daily changeable , especially the matter of action belonging vnto church polity . neither than i find that men of soundest iudgement haue any otherwise taught , then that articles of beliefe , and things which all men must of necessity do to the end they may be saued , are either expresly set downe in scripture , or else plainly thereby to be gathered . but touching things which belong to discipline & outward politie , the church hath authority to make canons , laws , & decrees , euen as we reade that in the apostles times it did . which kind of lawes ( for as much as they are not in themselues necessary to saluation ) may after they are made be also changed as the difference of times or places shall require . yea it is not denied i am sure by themselues , that certaine things in discipline are of that nature , as they may be varied by times , places , persons and other the like circumstances . whereupon i demaund , are those changeable points of discipline commaunded in the word of god , or no ? if they be not commanded , and yet may be receiued in the church ; how can their former position stand , cōdemning all things in the church which in the word are not commanded ? if they be commaunded , and yet may suffer change ▪ how can this later stand , affirming all things immutable which are commanded of god ? their distinction touching matters of substance and of circumstance , though true , will not serue . for be they great things or be they small , if god haue commaunded them in the gospell , and his commanding them in the gospell do make them vnchangeable , there is no reason we should more change the one then we may the other . if the authority of the maker do proue vnchangeablenesse in the lawes which god hath made ; then must al laws which he hath made be necessarily for euer permanēt , though they be but of circumstance only and not of substance . i therfore conclude , that neither gods being author of lawes for gouernment of his church , nor his cōmitting ▪ them vnto scripture , is any reason sufficient , wherefore all churches should for euer be bound to keepe them without chaunge . but of one thing we are here to giue them warning by the way . for whereas in this discourse we haue oftentimes profest , that many parts of discipline or church politie are deliuered in scripture , they may perhaps imagine that we are driuē to cōfesse their discipline to be deliuered in scripture , and that hauing no other meanes to auoid it , we are faine to argue for the changeablenesse of lawes ordained euen by god himselfe , as if otherwise theirs of necessitie should take place , and that vnder which we liue be abandoned ▪ there is no remedie therefore but to abate this error in them , and directly to let them know , that if they fall into any such conceit , they do but a little flatter their owne cause . as for vs , we thinke in no respect so highly of it . our perswasion is , that no age euer had knowledged of it but onely ours ; that they which defend it , deuised it ; that neither christ nor his apostles at any time taught it but the contrary . if therefore we did seeke to maintaine that which most aduantageth our owne cause , the very best way for vs , and the strongest against them , were to hold euen as they do , that in scripture there must needs be foūd some particular forme of church-polity , which god hath instituted , and which a for that very cause belongeth to all churches , to all times . but with any such partiall eye to respect our selues , and by cunning to make those things seeme the truest which are the fittest to serue our purpose , is a thing which we neither like nor meane to follow . wherefore that which we take to be generally true concerning the mutability of lawes , the same we haue plainely deliuered ; as being perswaded of nothing more then we are of this , b that whether it be in matter of speculation or of practise , no vntruth can possibly auaile the patrone and defendor long , and that things most truly are likewise most behoouefully spoken . . this we hold and graunt for truth , that those very lawes which of their own nature are changeable , be notwithstāding vncapable of change , if he which gaue them , being of authority so to do , forbid absolutely to change thē ; neither may they admit alteratiō against the will of such a law maker . albeit therfore we do not find any cause , why of right there should be necessarily an immutable forme set downe in holy scripture ; neuerthelesse if indeed there haue bene at any time a church-politie so set downe , the change whereof the sacred scripture doth forbid , surely for mē to alter those lawes which god for perpetuity hath established , were presumption most intollerable . to proue therfore that the wil of christ was to establish laws so permanent and immutable , that in any sort to alter them cannot but highly offend god , thus they reason . first if moses being but a seruant in the house of god , did therin establish lawes of gouernmēt for perpetuity , lawes which they that were of the houshold might not alter : shall we admit into our thoughts , that the sonne of god hath in prouiding for this his houshold declared himselfe lesse faithfull then moses ? moses deliuering vnto the iewes such lawes as were durable ; if those be changeable which christ hath deliuered vnto vs , we are not able to auoide it , but ( that which to thinke were heinous impiety ) we of necessity must confesse , euen the sonne of god himselfe to haue bene lesse faithfull then moses . which argument shall need no touchstone to try it by , but some other of the like making . moses erected in the wildernes a tabernacle , which was moueable from place to place ; salomon a sumptuous & stately temple , which was not moueable : therfore salomon was faithfuller then moses ; which no man indued with reason will thinke . and yet by this reasō it doth plainly follow . he that wil see how faithful the one or the other was , must cōpare the things which they bothe did ; vnto the charge which god gaue each of them ▪ the apostle in making comparison betweene our sauiour and moses , attributeth faithfulnes vnto bothe , and maketh this difference betweene them ; moses in , but christ ouer the house of god ; moses in that house which was his by charge and commission , though to gouerne it , yet to gouerne it as a seruant ; but christ ouer this house , as being his owne intire possesion . our lord and sauiour doth make protestation , i haue giuen vnto them the words which thou gauest me . faithfull therefore he was , and concealed not any part of his fathers will. but did any part of that will require the immutability of lawes concerning church-polity ? they answer , yea . for else god should lesse fauour vs then the iewes . god would not haue their churches guided by any lawes but his owne . and seeing this did so continue euen till christ ; now to ease god of that care , or rather to depriue the church of his patronage , what reason haue we ? surely none to derogate any thing from the ancient loue which god hath borne to his church . an heathen philosopher there is , who considering how many things beasts haue which men haue not , how naked in comparison of them , how impotent , and how much lesse able we are to shift for our selues along time after we enter into this world , repiningly concluded hereupon , that nature being a carefull mother for them , is towards vs a hard harted stepdame . no , we may not measure the affection of our gratious god towards his by such differences . for euen herein shineth his wisdome , that though the wayes of his prouidence be many , yea the ende which he bringeth all at the length vnto , is one and the selfe same . but if such kind of reasoning were good , might we not euen as directly conclude the very same concerning laws of secular regiment ? their owne words are these . in the ancient church of the iewes , god did command , and moses commit vnto writing , all things pertinent as well to the ciuil as to the ecclesiasticall state . god gaue them lawes of ciuill regiment , and would not permit their common weale to be gouerned by any other lawes then his owne . doth god lesse regard our temporal estate in this world , or prouide for it worse then for theirs ? to vs notwithstanding he hath not as to them deliuered any particular forme of temporall regiment , vnlesse perhaps we thinke , as some do , that the grafting of the gentiles & their incorporating into israell , doth import that we ought to be subiect vnto the rites and lawes of their whole politie . we see then how weake such disputes are , & how smally they make to this purpose . that christ did not meane to set downe particular positiue lawes for all things in such sort as moses did , the very different manner of deliuering the lawes of moses and the lawes of christ doth plainly shew . moses had commaundement to gather the ordinances of god together distinctly , and orderly to set them downe according vnto their seuerall kinds , for each publique duty and office the laws that belong thereto , as appeareth in the bookes themselues written of purpose for that end . contrariwise the lawes of christ we find rather mentioned by occasion in the writings of the apostles , then any solemne thing directly written to comprehend them in legall sort . againe the positiue lawes which moses gaue , they were giuen for the greatest part with restraint to the land of iurie ; behold sayth moses , i haue taught you ordinances and lawes as the lord my god commaunded me , that ye should do euen so within the land whither ye go to possesse it . which lawes and ordinances positiue he plainely distinguisheth afterward from the lawes of the two tables which were morall ; the lord spake vnto you out of the midst of the fire , ye heard the voyce of the words , but saw no similitude , onely a voyce . then he declared vnto you his couenant which he commaunded you to do , the ten commaundements , and wrote them vpon two tables of stone . and the lord commaunded me that same time , that i should teach you ordinances and lawes which ye should obserue in the land whither ye go to possesse it . the same difference is againe set downe in the next chapter following . for rehearsall being made of the ten commaundements , it followeth immediatly ; these words the lord spake vnto all your multitude in the mount out of the midst of the fire , the cloude and the darknesse , with a great voyce , and added no more , and wrote them vpon two tables of stone , and deliuered them vnto me . but concerning other lawes , the people giue their consent to receiue them at the hands of moses ; go thou neerer , and heare all that the lord our god sayth , and declare thou vnto vs all that the lord our god sayth vnto thee , and we will heare it and do it . the peoples alacritie herein god highly commendeth with most effectuall and heartie speech ; i haue heard the voyce of the wordes of this people , they haue spoken well . o that there were such an heart in them to feare me , and to keepe all my commaundements alwayes , that it might go well with them , and with their children for euer ! go say vnto them ▪ returne you to your tents ; but stand thou here with me , and i will tell thee all the commaundements and the ordinances and the lawes which thou shalt teach them , that they may do them in the land which i haue giuen them to possesse . from this later kind the former are plainely distinguished in many things . they were not bothe at one time deliuered , neither bothe after one sort , nor to one end . the former vttered by the voyce of god himselfe in the hearing of sixe hundred thousand men ; the former written with the finger of god ; the former tearmed by the name of a couenant ; the former giuen to be kept without either mention of time how long , or of place where . on the other side the later giuen after , and neither written by god himselfe , nor giuen vnto the whole multitude immediatly from god , but vnto moses , and from him to them both by word and writing ; the later tearmed ceremonies . iudgements , ordinances , but no where couenants ; finally the obseruation of the later restrained vnto the land where god would establish them to inhabite . the lawes positiue are not framed without regard had to the place and persons for the which they are made . if therefore almightie god in framing their lawes , had an eye vnto the nature of that people , and to the countrey where they were to dwell ; if these peculiar and proper considerations were respected in the making of their lawes , and must be also regarded in the positiue lawes of all other nations besides ; then seeing that nations are not all alike , surely the giuing of one kinde of positiue lawes vnto one onely people , without anie libertie to alter them , is but a slender proofe , that therefore one kind should in like sort bee giuen to serue euerlastingly for all . but that which most of all maketh for the cleering of this point is , that the iewes who had lawes so particularly determining and so fully instructing them in all affaires what to do , were notwithstanding continually inured with causes exorbitant , and such as their lawes had not prouided for . and in this point much more is graunted vs then wee aske , namely that for one thing which we haue left to the order of the church ; they had twentie which were vndecided by the expresse word of god ; and that as their ceremonies and sacraments were multiplied aboue ours , euen so grew the number of those cases which were not determined by any expresse word . so that if we may deuise one lawe , they by this reason might deuise twentie : and if their deuising so many were not forbidden , shall their example proue vs forbidden to deuise as much as one lawe for the ordering of the church ? wee might not deuise no not one , if their example did proue that our sauiour hath vtterly forbidden all alteration of his lawes , in as much as there can be no lawe deuised , but needs it must either take away from his , or adde thereunto more or lesse , and so make some kind of alteration . but of this so large a graunt we are content not to take aduantage . men are oftentimes in a sudden passion more liberall , then they would be if they had leysure to take aduise . and therefore so bountifull words of course and franke speeches we are contented to let passe , without turning them vnto aduantage with too much rigour . it may be they had rather be listned vnto , when they commend the kings of israell which attempted nothing in the gouernement of the church without the expresse word of god ; and when they vrge that god left nothing in his word vndescribed , whether it concerned the worship of god or outward politie , nothing vnset downe , and therefore charged them strictly to keepe themselues vnto that , without any alteration . howbeit seeing it cannot be denied , but that many thinges there did belong vnto the course of their publique affaires , wherein they had no expresse word at all to shew precisely what they should do ; the difference betweene their condition and ours in these cases , will bring some light vnto the truth of this present controuersie . before the fact of the son of shelomith , there was no law which did appoint any certaine punishment for blasphemers . that wretched creature being therefore deprehended in that impiety , was held in ward , till the mind of the lord were knowne concerning his case . the like practise is also mētioned vpon occasion of a breach of the sabboth day . they find a poore silly creature gathering stickes in the wildernes , they bring him vnto moses and aaron and all the congregation , they lay him in hold , because it was not declared what should be done with him , till god hath sayd vnto moses , this man shall dye the death . the law required to keepe the sabboth ; but for the breach of the sabboth what punishmēt should be inflicted it did not appoint . such occasions as these are rare . and for such things as do fal scarce once in many ages of mē , it did suffice to take such order as was requisite when they fell . but if the case were such as being not already determined by law , were notwithstanding likely oftentimes to come in question , it gaue occasion of adding lawes that were not before . thus it fell out in the case of those men polluted , and of the daughters of zelophhad ; whose causes moses hauing brought before the lord , receiued lawes to serue for the like in time to come . the iewes to this end had the oracle of god , they had the prophets : and by such meanes god himselfe instructed them from heauen what to do , in all things that did greatly concerne their state , and were not already set downe in the lawe . shall we then hereupon argue euen against our owne experience and knowledge ? shall we seeke to perswade men , that of necessity it is with vs as it was with them , that because god is ours in all respects as much as theirs , therefore either no such way of direction hath beene at any time , or if it haue bene , it doth still continue in the church , or if the same do not continue , that yet it must be at the least supplied by some such meane as pleaseth vs to accompt of equall force ? a more dutifull and religious way for vs were , to admire the wisedome of god , which shineth in the beautifull variety of all things ; but most in the manifold and yet harmonious dissimilitude of those wayes , whereby his church vpon earth is guided from age to age throughout all generations of men . the iewes were necessarily to continue till the comming of christ in the flesh , and the gathering of nations vnto him . so much the promise made vnto abraham did import . so much the prophecy of iacob at the hower of his death did foreshewe . vpon the ●afety therefore of their very outward state and condition for so long , the after-good of the whole world , and the saluation of all did depend . vnto their so long safety for two things it was necessary to prouide , namely the preseruation of their state against forraine resistance , and the continuance of their peace within themselues . touching the one , as they receiued the promise of god to be the rocke of their defence , against which who so did violently rush , should but bruse and batter themselues ; so likewise they had his commaundement in all their affaires that way , to seeke direction and counsell from him . mens consultations are alwayes perilous . and it falleth out many times that after long deliberation , those things are by their wit euen resolued on , which by tryall are found most opposite to publique safety . it is no impossible thing for states , be they neuer so well established , yet by ouersight in some one acte or treatie betweene them and their potent opposites , vtterly to cast away themselues for euer . wherefore least it should so fall out to them , vpon whom so much did depend ; they were not permitted to enter into warre , nor conclude any league of peace , nor to wade through any acte of moment betweene them and forraine states , vnlesse the oracle of god or his prophets were first consulted with . and least domesticall disturbance should wash them within themselues , because there was nothing vnto this purpose more effectuall , then if the authority of their lawes and gouernors were such , as none might presume to take exception against it , or to shewe disobedience vnto it , without incurring the hatred & detestation of al men that had any sparke of the feare of god ; therefore he gaue them euen their positiue lawes from heauen , and as oft as occasion required , chose in like sort rulers also to leade & gouerne them . notwithstāding some desperatly impious there were , which adventured to try what harme it could bring vpon them , if they did attempt to be authors of confusion , and to resist both gouernours and lawes . against such monsters god mainteined his owne by fearefull execution of extraordinarie iudgement vpon them . by which meanes it came to passe , that although they were a people infested and mightily hated of all others throughout the world , although by nature hard harted , querulous , wrathful & impatiēt of rest and quietnes , yet was there nothing of force either one way or other to worke the ruine and subuersion of their state , till the time before mentioned was expired . thus we see that there was not no cause of dissimilitude in these things , betweene that one only people before christ , and the kingdomes of the world since . and whereas it is further alleaged , that albeit in ciuill matters and things perteining to this present life , god hath vsed a greater particularity with them then amongst vs , framing lawes according to the quality of that people and countrey ; yet the leauing of vs at greater liberty in things ciuill , is so farre from prouing the like liberty in things pertaining to the kingdome of heauen , that it rather proues a streighter bond . for euen as when the lord would haue his fauour more appeare by temporall blessings of this life towards the people vnder the lawe then towards vs , he gaue also politique lawes most exactly , whereby they might both most easily come into , and most stedfastly remaine in possession of those earthly benefites : euen so at this time , wherein he would not haue his fauour so much esteemed by those outward commodities , it is required , that as his care in prescribing lawes for that purpose hath somewhat fallen , in leauing them to mens consultations which may be deceiued ; so his care for conduct and gouernement of the life to come , should ( if it were possible ) rise , in leauing lesse to the order of men then in times past . these are but weake and feeble disputes for the inference of that conclusion which is intended . for sauing only in such consideration as hath bene shewed , there is no cause wherefore we should thinke god more desirous to manifest his fauour by temporall blessings towards them , then towards vs. godlinesse had vnto them , and it hath also vnto vs , the promises both of this life and the life to come . that the care of god hath fallen in earthly things , and therefore should rise as much in heauenly ; that more is left vnto mens consultations in the one , and therefore lesse must be graunted in the other ; that god hauing vsed a greater particularity with them then with vs for matters perteining vnto this life , is to make vs amends by the more exact deliuery of lawes for gouernment of the life to come ; these are proportions , whereof if there be any rule , we must plainely confesse that which truth is , we know it not . god which spake vnto them by his prophets , hath vnto vs by his onely begotten sonne ; those mysteries of grace and saluation which were but darkely disclosed vnto them , haue vnto vs more cleerely shined . such differences betweene them and vs the apostles of christ haue well acquainted vs withall . but as for matter belonging to the outward cōduct or gouernment of the church ; seeing that euen in sense it is manifest , that our lord & sauiour hath not by positiue lawes descended so farre into particularities with vs , as moses with them ; neither doth by extraordinary means , oracles , and prophets , direct vs , as them he did , in those things which rising daily by new occasions , are of necessitie to be prouided for ; doth it not hereupon rather follow , that although not to them , yet to vs there should be freedome & libertie graunted to make lawes ? yea but the apostle s. paule doth fearefully charge timothy , euen in the sight of god who quickneth all , & of christ iesus who witnessed that famous confession before pontius pilate , to keepe what was commaunded him safe and sound til the appearance of our lord iesus christ. this doth exclude al liberty of changing the lawes of christ , whether by abrogation or addition , or howsoeuer . for in timothy the whole church of christ receiueth charge concerning her duty . and that charge is to keepe the apostles commaundement : and his commaundement did conteine the lawes that concerned church gouernement : and those lawes he straightly requireth to be obserued without breach or blame , till the appearance of our lord iesus christ. in scripture we graunt euery one mans lesson , to be the common instruction of all men , so farre forth as their cases are like , and that religiously to keepe the apostles commandemēts in whatsoeuer they may concerne vs , we all stand bound . but touching that commandement which timothy was charged with , we swarue vndoubtedly from the apostles precise meaning , if we extend it so largely , that the armes thereof shall reach vnto all things which were cōmanded him by the apostle . the very words themselues do restraine thēselues vnto some one speciall commandemēt among many . and therfore it is not said , keepe the ordinances , lawes & constitutions which thou hast receiued , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that great cōmandement , which doth principally concerne thee and thy calling ; that cōmandement which christ did so often inculcate vnto peter ; that cōmandement vnto the carefull discharge whereof they of ephesus are exhorted , attend to your selues & to all flock , wherin the holy ghost hath placed you bishops , to feed the church of god , which he hath purchased by his owne bloud ; finally that cōmandement which vnto the same timothy is by the same apostle euen in the same forme & maner afterwards again vrged , i charge thee in the sight of god , & the lord iesus christ , which will iudge the quicke & dead at his appearance & in his kingdom , preach the word of god. when timothy was instituted into that office , then was the credit and trust of this duty committed vnto his faithfull care . the doctrine of the gospell was thē giuen him , as the precious talent or treasure of iesus christ ; then receiued he for performance of this duty , the special gift of the holy ghost . to keepe this cōmandement immaculate and blamelesse , was to teach the gospel of christ without mixture of corrupt & vnsound doctrine , such as a number did euen in those times intermingle with the misteries of christian beliefe . til the appearance of christ to keep it so , doth not import the time wherein it shold be kept , but rather the time whereunto the finall reward for keeping it was reserued : according to that of s. paul concerning himselfe , i haue kept the faith ; for the residue there is laid vp for me a crowne of righteousnes , which the lord the righteous shall in that day render vnto me . if they that labour in this haruest should respect but the present fruit of their painefull trauell , a poore incouragement it were vnto them to continue therein al the daies of their life . but their reward is great in heauen ; the crowne of righteousnes which shal be giuen them in that day is honorable . the fruite of their industry then shall they reape with full contentment and satisfaction , but not till then . wherein the greatnes of their reward is abundantly sufficient , to counteruaile the tediousnesse of their expectation . wherefore till then they that are in labour must rest in hope . o timothie , keepe that which is committed vnto thy charge , that great commandement which thou hast receiued keepe , till the appearance of our lord iesus christ. in which sense although we iudge the apostles words to haue bene vttered ; yet hereunto we do not require them to yeeld , that thinke any other construction more sound . if therefore it be reiected , and theirs esteemed more probable which hold that the last wordes doe import perpetuall obseruation of the apostles commaundement imposed necessarilly for euer vppon the militant church of christ ; let them withall consider that then his commaundement cannot so largely bee taken , as to comprehend whatsoeuer the apostle did commaund timothy . for themselues do not all blind the church vnto some things whereof timothy receiued charge , as namely vnto that precept concerning the choise of widowes . so as they cannot hereby maintaine , that all things positiuely commanded concerning the affaires of the church , were commanded for perpetuitie . and we do not deny , that certaine things were commanded to be , though positiue , yet perpetuall in the church . they should not therefore vrge against vs places that seeme to forbid change , but rather such as set downe some measure of alteration ; which measure if we haue exceeded , then might they therwith charge vs iustly : whereas now they themselues both granting , and also vsing liberty to change , cannot in reason dispute absolutely against al change . christ deliuered no inconuenient or vnmeete lawes . sundry of ours they hold inconuenient . therefore such lawes they cannot possibly hold to be christs . being not his , they must of necessity graunt them added vnto his . yet certaine of those very lawes so added , they themselues do not iudge vnlawfull ; as they plainly confesse , both in matter of prescript attire , and of rites appertaining to buriall . their owne protestations are that they plead against the inconuenience , not the vnlawfulnes of popish apparell ; and against the inconuenience , not the vnlawfulnesse of ceremonies in buriall . therefore they hold it a thing not vnlawfull to adde to the lawes of iesus christ ; and so consequently they yeeld , that no lawe of christ forbiddeth addition vnto church laws . the iudgement of caluin being alleaged against them , to whom of all men they attribute most , whereas his words be plaine , that for ceremonies and externall discipline the church hath power to make lawes : the answer which herunto they make is , that indefinitly the speech is true , and that so it was meant by him , namely that some things belonging vnto externall discipline and ceremonies , are in the power and arbitrement of the church ; but neither was it mēt , neither is it true generally , that al externall discipline , & all ceremonies are left to the order of the church , in as much as the sacraments of baptisme & the supper of the lord are ceremonies , which yet the church may not therefore abrogate . againe , excommunication is a part of externall discipline ; which might also be cast away , if all externall discipline were arbitrary , and in the choise of the church . by which their answer it doth appeare , that touching the names of ceremonie and externall discipline , they gladly would haue vs so vnderstood , as if we did herein conteine a great deale more then we do . the fault which we find with them is , that they ouermuch abridge the church of her power in these things . whereupon they recharge vs , as if in these things we gaue the church a liberty which hath no limits or boūds ; as if all things which the name of discipline cōteineth , were at the churches free choice , so that we might either haue church-gouernours and gouernement or want them , either reteine or reiect church censures as we list . they wonder at vs , as at men which thinke it so indifferent what the church doth in matter of ceremonies , that it may bee feared least we iudge the very sacraments themselues to be held at the churches pleasure . no , the name of ceremonies we do not vse in so large a meaning as to bring sacraments within the compasse and reach thereof ; although things belonging vnto the outward forme and seemely administration of them , are conteined in that name , euen as we vse it . for the name of ceremonies we vse as they themselues do , when they speake after this sort : the doctrine and discipline of the church , as the waightiest things , ought especially to be looked vnto ; but the ceremonies also , as mynt & comyn , ought not to be neglected . besides in the matter of externall discipline or regiment itselfe , wee doe not deny but there are some thinges whereto the church is bound till the worlds ende . so as the question is onely howe farre the bounds of the churches libertie do reach . we hold that the power which the church hath lawfully to make lawes and orders for it selfe , doth extend vnto sundrie things of ecclesiasticall iurisdiction and such other matters , whereto their opinion is , that the churches authoritie and power doth not reach . whereas therefore in disputing against vs about this point , they take their compasse a great deale wider then the truth of things can afford , producing reasons and arguments by way of generality , to proue that christ hath set downe all things belonging any way vnto the forme of ordering his church , and hath absolutely forbidden change by addition or diminution great or small ( for so their maner of disputing is : ) we are constrained to make our defence , by shewing that christ hath not depriued his church so farre of all libertie in making orders & lawes for it selfe , and that they themselues do not thinke he hath so done . for are they able to shew that all particular customes , rites and orders of reformed churches , haue bene appointed by christ himselfe ? no , they graunt that in matter of circumstance they alter that which they haue receiued ; but in things of substance they keepe the lawes of christ without change . if we say the same in our owne behalfe , ( which surely we may do with a great deale more truth ) then must they cancell all that hath bene before alleaged , and beginne to inquire a fresh , whether we reteine the lawes that christ hath deliuered concerning matters of substance , yea or no. for our constant perswasion in this point is as theirs , that we haue no where altered the lawes of christ , further then in such particularities onely as haue the nature of things chaungeable according to the difference of times , places , persons , and other the like circumstances . christ hath commaunded prayers to be made , sacraments to be ministred , his church to be carefully taught and guided . concerning euery of these somewhat christ hath commaunded which must bee kept till the worlds end . on the contrary side in euery of thē somewhat there may be added , as the church shall iudge it expedient . so that if they will speake to purpose , all which hitherto hath bene disputed of they must giue ouer , and stand vpon such particulars onely as they can shew we haue either added or abrogated otherwise then we ought , in the matter of church politie . whatsoeuer christ hath commanded for euer to be kept in his church , the same we take not vpon vs to abrogate ; and whatsoeuer our lawes haue thereunto added besides , of such qualitie we hope it is , as no law of christ doth any where condemne . wherefore that all may be layd together , and gathered into a narrower roome . . first so farre forth as the church is the mysticall body of christ and his inuisible spouse , it needeth no externall politie . that very part of the law diuine which teacheth faith and workes of righteousnesse , is it selfe alone sufficient for the church of god in that respect . but as the church is a visible society and body politique , lawes of politie it cannot want . . whereas therfore it commeth in the second place to be inquired , what lawes are fittest and best for the church ; they who first embraced that rigorous and strict opinion , which depriueth the church of liberty to make any kind of law for her selfe , inclined as it should seeme thereunto , for that they imagined all things , which the church doth without commandement of holy scripture , subiect to that reproofe which the scripture it self vseth in certaine cases , when diuine authority ought alone to be followed . herupon they thought it inough for the cācelling of any kind of order whatsoeuer , to say , the word of god teacheth it not , it is a deuise of the braine of man , away with it therefore out of the church . s. augustine was of another mind , who speaking of fasts on the sunday saith , that he which would chuse out that day to fast on , should giue therby no small offence to the church of god , which had receiued a contrary custome . for in these things wherof the scripture appointeth no certainty , the vse of the people of god , or the ordinances of our fathers must serue for a law . in which case if we will dispute , and condemne one sort by anothers custome , it will be but matter of endlesse contention ; where , for as much as the labour of reasoning shal hardly beate into mens heads any certaine or necessary truth , surely it standeth vs vpō to take heed , least with the tempest of strife the brightnesse of charity and loue be darkened . if all things must bee commaunded of god which may be practised of his church , i would know what commaundement the gileadites had to erect that altar which is spokē of in the booke of iosua . did not cōgruity of reason induce them therunto , & suffice for defence of their fact ? i would know what cōmandement the women of israel had yearly to mourne and lament in the memorie of iephtaes daughter ; what cōmandement the iewes had to celebrate their feast of dedication neuer spoken of in the law , yet solemnized euen by our sauior himselfe ; what cōmandement finally they had for the ceremony of odors vsed about the bodies of the dead , after which custome notwithstanding ( sith it was their custome ) our lord was contented that his owne most pretious should be intoombd . wherfore io reiect all orders of the church which men haue established , is to thinke worse of the laws of men in this respect , then either the iudgement of wisemen alloweth , or the law of god it selfe will beare . howbeit they which had once takē vpon thē to condemn all things done in the church , & not cōmanded of god to be done , saw it was necessary for thē ( cōtinuing in defence of this their opiniō ) to hold that needs there must be in scripture set down a cōplete particular forme of church polity , a forme prescribing how al the affaires of the church must be ordered , a form in no respect lawful to be altered by mortal mē . for reformatiō of which ouersight & error in thē , there were that thought it a part of christian loue & charity to instruct thē better , & to open vnto thē the diference betweene matters of perpetual necessity to all mens saluation , and matters of ecclesiasticall politie : the one both fully and plainly taught in holy scripture , the other not necessary to be in such sort there prescribed ; the one not capable of any diminution or augmentation at all by men , the other apt to admit bothe . herupon the authors of the former opinion were presently seconded by other wittier and better learned ; who being loath that the forme of church-politie which they sought to bring in should be otherwise then in the highest degree accounted of , tooke first an exception against the difference betweene church-politie and matters of necessitie to saluation ; secondly against the restraint of scripture , which they say receiueth iniurie at our hands , when we teach that it teacheth not as well matters of politie as of faith and saluation . . constrained hereby we haue bene therefore , both to maintaine that distinction , as a thing not only true in it selfe , but by them likewise so acknowledged , though vnawares ; . and to make manifest that from scripture wee offer not to derogate the least thing that truth thereunto doth claime , in as much as by vs it is willingly confest , that the scripture of god is a storehouse abounding with inestimable treasures of wisedome and knowledge in many kindes , ouer and aboue thinges in this one kinde barely necessary ; yea euen that matters of ecclesiasticall politie are not therein omitted , but taught also , albeit not so taught as those other thinges before mentioned . for so perfectly are those thinges taught , that nothing can euer need to be added , nothing euer cease to be necessary : these on the contrarie side , as being of a farre other nature and qualitie , not so strictly nor euerlastingly commaunded in scripture , but that vnto the complete forme of church-politie much may bee requisite which the scripture teacheth not , and much which it hath taught , become vnrequisite , sometime because we neede not vse it , sometime also because wee cannot . in which respect for mine owne part , although i see that certaine reformed churches , the scottish especially and french , haue not that which best agreeth with the sacred scripture , i meane the gouernment that is by bishops , in as much as both those churches are fallen vnder a different kinde of regiment , which to remedie it is for the one altogether too late , and too soone for the other during their present affliction and trouble ; this their defect and imperfection i had rather lament in such case then exagitate , considering that men oftentimes without any fault of their owne , may be driuen to want that kinde of politie or regiment which is best , and to content themselues with that , which either the irremediable error of former times , or the necessitie of the present hath cast vpon them . . now because that position first mentioned , which holdeth it necessarie that all thinges which the church may lawfully doe in her owne regiment be commaunded in holy scripture , hath by the latter defendors thereof beene greatly qualified ; who , though perceiuing it to be ouer extreame , are notwithstanding loth to acknowledge any ouersight therein , and therefore labour what they may to salue it by construction ; we haue for the more perspicuitie deliuered what was thereby meant at the first ; . how iniurious a thing it were vnto all the churches of god for men to hold it in that meaning ; . and how vnperfect their interpretations are who so much labour to helpe it , eyther by diuiding commaundements of scripture into two kindes , and so defending that all thinges must be commaunded , if not in speciall , yet in generall precepts ; . or by taking it as meant that in case the church doe deuise any new order , shee ought therein to follow the direction of scripture onely , and not any starlight of mans reason . . bothe which euasions being cut off , wee haue in the next place declared after what sort the church may lawfully frame to her selfe lawes of politie , and in what reckoning such positiue lawes both are with god , and should be with men . . furthermore because to abridge the libertie of the church in this behalfe , it hath bene made a thing very odious , that when god himselfe hath deuised some certaine lawes and committed them to sacred scripture , man by abrogation , addition , or any way , should presume to alter and change them ; it was of necessitie to be examined , whether the authoritie of god in making , or his care in committing those his lawes vnto scripture , be sufficient arguments to proue that god doth in no case allow they should suffer any such kind of change . . the last refuge for proofe that diuine lawes of christian church-politie may not be altered , by extinguishment of any olde or addition of new in that kinde , is partly a marueilous strange discourse , that christ ( vnlesse he would show himselfe not so faithfull as moses , or not a so wise as lycurgus and solon ) must needes haue set downe in holy scripture some certaine complete and vnchangeable forme of politie ; and partly a coloured shewe of some euidence , where change of that sort of lawes may seeme expressely forbidden , although in truth nothing lesse be done . i might haue added hereunto their more familiar and popular disputes ; as , the church is a citie , yea the citie of the great king , and the life of a citie is politie : the church is the house of the liuing god , and what house can there be , without some order for the gouernment of it ? in the royall house of a prince there must be officers for gouernment , such as not any seruant in the house , but the prince whose the house is shall iudge cōuenient : so the house of god must haue orders for the gouernment of it , such as not any of the household , but god himselfe hath appointed . it cannot stand with the loue and wisedome of god , to leaue such order vntaken as is necessary for the due gouernment of his church . the numbers , degrees , orders , and attire of salomons seruants did shewe his wisedome : therefore he which is greater then salomon , hath not failed to leaue in his house such orders for gouernment thereof , as may serue to be as a looking glasse for his prouidence , care , and wisedome to be seene in . that little sparke of the light of nature which remaineth in vs , may serue vs for the affaires of this life . but as in all other matters concerning the kingdome of heauen , so principally in this which concerneth the very gouernment of that kingdome , needfull it is wee should be taught of god. as long as men are perswaded of any order that it is only of men , they presume of their owne vnderstanding , and they thinke to deuise an other not only as good , but better then that which they haue receiued . by seueritie of punishment , this presumption and curiositie may be restrained . but that cannot worke such chearefull obedience as is yeelded , where the conscience hath respect to god as the author of lawes and orders . this was it which countenanced the laws of moses , made concerning outward politie for the administration of holy things . the like some law giuers of the heathens did pretend , but falsely ; yet wisely discerning the vse of this perswasion . for the better obedience sake therfore it was expediēt , that god should be author of the politie of his church . but to what issue doth all this come ? a man would thinke that they which hold out with such discourses , were of nothing more fully perswaded thē of this , that the scripture hath set downe a complete forme of church-politie , vniuersall , perpetuall , altogether vnchangeable . for so it would follow if the premises were sound and strong to such effect as is pretended . notwithstanding they which haue thus formally maintained argument in defence of the first ouersight , are by the very euidence of truth themselues constrained to make this in effect their conclusion , that the scripture of god hath many thinges concerning church-politie ; that of those many some are of greater waight , some of lesse ; that what hath beene vrged as touching immutabilitie of lawes , it extendeth in truth no further then onely to lawes wherein thinges of greater moment are prescribed . now those things of greater moment , what are they ? forsooth , doctors , pastors , layelders , elderships compounded of these three ; synods consisting of many elderships ; deacons , women-church-seruants or widowes ; free consent of the people vnto actiōs of greatest moment , after they be by churches or synodes orderly resolued . all this forme of politie ( if yet wee may terme that a forme of building , when men haue laide a fewe rafters together , and those not all of the soundest neither ) but howsoeuer , all this forme they conclude is prescribed in such sort , that to adde to it any thing as of like importance , ( for so i thinke they meane ) or to abrogate of it any thing at all , is vnlawfull . in which resolution if they will firmely and constantly persist , i see not but that concerning the points which hitherto haue beene disputed of , they must agree that they haue molested the church with needelesse opposition ; and henceforward as we said before betake themselues wholly vnto the triall of particulars , whether euery of those thinges which they esteeme as principall , be eyther so esteemed of , or at all established for perpetuitie in holy scripture ; and whether any particular thing in our church-politie bee receiued other then the scripture alloweth of , eyther in greater thinges or in smaller . the matters wherein church-politie is conuersant , are the publique religious duties of the church , as the administration of the word and sacraments , prayers , spirituall censures and the like . to these the church standeth alwayes bound . lawes of politie are laws which appoint in what maner these duties shal be performed . in performance whereof because all that are of the church cannot ioyntly and equally worke , the first thing in politie required , is a difference of persons in the church , without which difference those functions cannot in orderly sort bee executed . hereupon we hold , that gods clergie are a state which hath bene and will be , as long as there is a church vpō earth , necessarie by the plaine word of god himselfe ; a state whereunto the rest of gods people must be subiect as touching things that appertaine to their soules health . for where politie is , it cannot but appoint some to be leaders of others , and some to be led by others . if the blind leade the blind , they both perish . it is with the clergie , if their persons be respected , euen as it is with other men ; their qualitie many times farre beneath that , which the dignitie of their place requireth . howbeit according to the order of politie , they being the lightes of the world , others ( though better and wiser ) must that way be subiect vnto them . againe , for as much as where the clergie are any great multitude , order doth necessarily require that by degrees they be distinguished ; wee holde there haue euer bene and euer ought to be in such case , at least wise two sorts of ecclesiasticall persons , the one subordinate vnto the other ▪ as to the apostles in the beginning , and to the bishops alwaies since , wee finde plainely both in scripture and in all ecclesiasticall records , other ministers of the word and sacraments haue bene . moreouer it cannot enter into any mans conceipt to thinke it lawfull , that euery man which listeth should take vpon him charge in the church ; and therefore a solemne admittance is of such necessitie , that without it there can be no church-politie . a number of particularities there are , which make for the more conuenient being of these principall & perpetuall parts in ecclesiasticall politie , but yet are not of such constant vse and necessitie in gods church . of this kind are times and places appointed for the exercise of religion ; specialties belonging to the publike solemnitie of the word , the sacraments and praier ; the enlargement or abridgement of functions ministeriall depending vpon those two principall before mentioned ; to conclude , euen whatsoeuer doth by way of formalitie & circumstance concerne any publique action of the church . now although that which the scripture hath of thinges in the former kind be for euer permanent ; yet in the later both much of that which the scripture teacheth is not alwaies needfull ; and much the church of god shall alwaies neede which the scripture teacheth not . so as the forme of politie by thē set downe for perpetuitie , is three waies faultie . faultie in omitting some things which in scripture are of that nature , as namely the difference that ought to bee of pastors when they grow to any great multitude ; faultie in requiring doctors , deacons , widowes , and such like ; as thinges of perpetuall necessitie by the law of god , which in truth are nothing lesse ; faultie also in vrging some thinges by scripture immutable , as their layelders , which the scripture neither maketh immutable , nor at all teacheth , for any thing either we can as yet find , or they haue hitherto beene able to proue . but hereof more in the bookes that followe . as for those maruellous discourses , wherby they aduenture to argue that god must needs haue done the thing which they imagine was to be done ; i must confesse i haue often wondred at their exceeding boldnesse herein . when the question is whether god haue deliuered in scripture ( as they affirme he hath ) a complet particular immutable forme of church-politie ; why take they that other both presumptuous and superfluous labour , to proue he should haue done it ; there being no way in this case to proue the deede of god , sauing only by producing that euidence wherein he hath done it ? but if there be no such thing apparent vpon record , they do as if one should demaund a legacie by force and vertue of some written testament , wherein there being no such thing specified , hee pleadeth that there it must needes be , and bringeth argumēts from the loue or good-will which alwaies the testatour bore him , imagining that these or the like proofes will conuict a testament to haue that in it , which other mē can no where by reading find . in matters which concerne the actions of god , the most dutiful way on our part is to search what god hath done , and with meeknes to admire that , rather thē to dispute what he in congruitie of reason ought to do . the waies which he hath whereby to do all things for the greatest good of his church , are mo in number thē we can search , other in nature thē that we should presume to determine which of many should be the fittest for him to choose , till such time as we see he hath chosen of many some one ; which one wee then may boldly conclude to be the fittest , because he hath taken it before the rest . when we doe otherwise , surely we exceede our bounds , who and where we are we forget ; and therefore needfull it is that our pride in such cases be controld , and our disputes beaten backe with those demands of the blessed apostle . how vnsearchable are his iudgements , and his waies past finding out ? who hath knowne the minde of the lord , or who was his counsellor ? the fourth booke : concerning their third assertion , that our forme of church-politie is corrupted with popish orders , rites and ceremonies , banished out of certaine reformed churches , whose example therein we ought to haue followed . the matter conteined in this fourth booke . how great vse ceremonies haue in the church . the first thing they blame in the kinde of our ceremonies is , that wee haue not in them auncient apostolicall simplicitie , but a greater pompe & statelinesse . the second , that so many of them are the same which the church of rome vseth ; and the reasons which they bring to proue them for that cause blame worthy . how when they go about to expound what popish ceremonies they meane , they contradict their owne arguments against popish ceremonies . an answere to the argument whereby they would proue , that sith wee allow the customes of our fathers to be followed , we therefore may not allow such customes as the church of rome hath , because we cānot account of thē which are in that church as of our fathers . to their allegation that the course of gods owne wisedome doth make against our conformitie with the church of rome in such things . to the example of the eldest church which they bring for the same purpose . that it is not our best politie ( as they pretend it is ) for establishment of sound religion to haue in these thinges no agreement with the church of rome being vnsound . that neither the papists vpbraiding vs as furnished out of their store , nor any hope which in that respect they are said to conceiue , doth make any more against our ceremonies then the former allegations haue done . the griefe which they say godly brethren conceiue , at such ceremonies as we haue common with the church of rome . the third thing for which they reproue a great part of our ceremonies is , for that as we haue them from the church of rome , so that church had them from the iewes . the fourth , for that sundry of them haue bene ( they say ) abused vnto idolatrie , and are by that meane become scandalous . the fift for that we retaine them still notwithstanding the example of certaine churches reformed before vs , which haue cast them out . a declaration of the proceedings of the church of england for the establishment of things as they are . svch was the ancient simplicitie and softnes of spirit which sometimes preuailed in the world , that they whose wordes were euen as oracles amongst men , seemed euermore loth to giue sentence against any thing publiquely receiued in the church of god , except it were wonderfull apparently euill ; for that they did not so much incline to that seueritie , which delighteth to reproue the least things it seeth amisse ▪ as to that charity , which is vnwilling to behold any thing that dutie bindeth it to reproue . the state of this present age , wherein zeale hath drowned charitie , & skill meeknes , wil not now suffer any mā to maruel whatsoeuer he shal hear reproued by whōsoeuer . those rites & ceremonies of the church therefore , which are the selfesame now that they were whē holy & vertuous men maintained thē against prophane and deriding aduersaries , her owne children haue at this day in derision . whether iustly or no , it shall then appeare , when all thinges are heard which they haue to alleage against the outward receiued orders of this church . which in as much as thēselues do compare vnto mint and comin , graunting thē to be no part of those things which in the matter of politie are waightier , we hope that for small things their strife will neither bee earnest nor long . the sifting of that which is obiected against the orders of the church in particular , doth not belong vnto this place . here we are to discusse onely those generall exceptions , which haue bene taken at any time against them . first therfore to the end that their nature and vse whereunto they serue may plainely appeare , and so afterwardes their qualitie the better be discerned ; we are to note that in euery grand or main publique dutie which god requireth at the hāds of his church , there is , besides that matter and forme wherein the essence therof consisteth , a certaine outward fashion whereby the same is in decent sort administred . the substance of all religious actions is deliuered from god himself in few words . for example sake in the sacraments , vnto the element let the word be added , and they both doe make a sacrament , saith s. augustine . baptisme is giuen by the element of water , and that prescript forme of words which the church of christ doth vse ; the sacrament of the body and bloud of christ is administred in the elements of bread and wine , if those mysticall words be added thereunto . but the due and decent forme of administring those holy sacramēts , doth require a great deale more . the end which is aimed at in setting downe the outward forme of all religious actiōs , is the edification of the church . now men are edified , when either their vnderstanding is taught somewhat whereof in such actions it behoueth all men to consider ; or whē their harts are moued with any affectiō suteable therunto , whē their minds are in any sort stirred vp vnto that reuerence , deuotion , attention & due regard , which in those cases seemeth requisit . because therfore vnto this purpose not only speech , but sundry sēsible means besides haue alwaies bin thought necessary , & especially those means which being obiect to the eye , the liueliest & the most apprehensiue sense of all other , haue in that respect seemed the fittest to make a deepe and strong impression ; from hence haue risen not onely a number of praiers , readings , questionings , exhortings , but euen of visible signes also ; which being vsed in performance of holy actions , are vndoubtedly most effectual to open such matter , as men when they know & remēber carefully , must needs be a great deale the better informed to what effect such duties serue . we must not thinke but that there is some ground of reason euen in nature , whereby it commeth to passe , that no nation vnder heauen either doth or euer did suffer publique actiōs which are of waight , whether they be ciuil and temporall , or else spirituall and sacred , to passe without some visible solemnitie ; the very strangenes whereof and difference from that which is common , doth cause popular eyes to obserue and to marke the same . wordes both because they are common , and doe not so strongly moue the phancie of man , are for the most parte but sleightly heard : and therfore with singular wisdome it hath bene prouided ▪ that the deeds of men which are made in the presence of witnesses , should passe not onely with words , but also with certaine sensible actions , the memory wherof is farre more easie and durable then the memorie of speech can be . the things which so long experience of all ages hath confirmed and made profitable , let not vs presume to condemne as follies and toyes , because wee sometimes know not the cause and reason of them . a wit disposed to scorne whatsoeuer it doth not conceiue , might aske wherefore abraham should say to his seruant , put thy hand vnder my thigh and sweare : was it not sufficient for his seruant to shew the religion of an othe , by naming the lord god of heauen and earth , vnlesse that straunge ceremonie were added ? in contracts , bargaines and conueiances , a mans worde is a token sufficient to expresse his wil. yet this was the auncient maner in israell concerning redeeming and exchanging to establish all things ; a man did pluck off his shooe , and gaue it his neighbour ; and this was a sure witnesse in israel . amongst the romans in their making of a bondman free , was it not wondred wherefore so great a doe should bee made ? the maister to present his slaue in some court , to take him by the hand , and not onely to say in the hearing of the publique magistrate , i will that this man become free , but after these solemne wordes vttered , to strike him on the cheeke , to turne him round , the haire of his head to be shaued off , the magistrate to touch him thrise with a rod , in the end a cap and a white garment to be giuen him . to what purpose all this circumstance ? amongst the hebrewes how strange & in outward appearance almost against reason , that he which was minded to make himselfe a perpetuall seruant , should not only testifie so much in the presence of the iudge , but for a visible token thereof haue also his eare bored through with a nawle ? it were an infinite labour to prosecute these things so far as they might be exempplified both in ciuill and religious actions . for in bothe they haue their necessary vse and force . a the sensible things which religion hath allowed , are resemblances framed according to things spiritually vnderstood , wherunto they serue as a hand to lead and a way to direct . and whereas it may peraduenture be obiected , that to adde to religious duties such rites and ceremonies as are significant ; is to institute new sacraments : sure i am they will not say that numa pompilius did ordaine a sacrament , a significant ceremonie he did ordaine , in commanding the priests b to execute the work of their diuine seruice with their handes as farre as to the fingers couered ; thereby signifiing that fidelitie must be defended , and that mens right handes are the sacred seate thereof . againe we are also to put them in mind , that themselues do not holde all significant ceremonies for sacramentes ; in as much as imposition of handes they denie to be a sacrament ; and yet they giue thereunto a forcible signification . for concerning it their words are these , c the party ordained by this ceremony , was put in mind of his seperation to the worke of the lord , that remembring himselfe to be taken as it were with the hand of god from amongst others , this might teach him not to account himselfe now his owne , nor to doe what himselfe listeth ; but to consider that god hath set him about a worke , which if he will discharge & accomplish , he may at the hands of god assure himselfe of reward ; and if otherwise , of reuenge . touching significant ceremonies , some of thē are sacramēts , some as sacramēts only . sacraments are those , which are signes & tokēs of some general promised grace , which alwaies really descendeth from god vnto the soule that duly receiueth thē : other significant tokēs are onely as sacraments , yet no sacraments . which is not our distinction but theirs ▪ for concerning the apostles imposition of handes , these are their owne words ; manuum signum hoc & quasi sacramentum vsurparunt ; they vsed this signe , or as it were sacrament . concerning rites and ceremonies , there may be fault , either in the kinde , or in the number and multitude of them . the first thing blamed about the kind of ours is , that in many thinges we haue departed from the auncient simplicitie of christ and his apostles , we haue embraced more outward statelinesse , we haue those orders in the exercise of religion , which they who best pleased god and serued him most deuoutly neuer had . for it is out of doubt , that the first state of thinges was best , that in the prime of christian religion faith was soundest , the scriptures of god were then best vnderstood by all men , all parts of godlines did then most abound ▪ and therefore it must needes follow , that customes lawes and ordinances deuised since , are not so good for the church of christ ; but the best way is to cut off later inuentions , and to reduce thinges vnto the auntient state wherin at the first they were . which rule or canō we hold to be either vncertain , or at leastwise vnsufficient ; if not bothe . for in case it be certain , hard it cannot be for them to shew vs , where we shall finde it so exactly set downe , that wee may say without all controuersie , these were the orders of the apostles times , these wholly and onely , neither fewer nor moe then these . true it is that many things of this nature be alluded vnto , yea many thinges declared , and many thinges necessarily collected out of the apostles writings . but is it necessary that all the orders of the church which were then in vse should be contained in their bookes ? surely no. for if the tenor of their writinges be well obserued , it shall vnto any man easily appeare , that no more of them are there touched , then were needfull to be spoken of somtimes by one occasion and sometimes by another . will they allow then of any other records besides ? well assured i am they are farre enough from acknowledging that the church ought to keepe any thing as apostolicall , which is not found in the apostles writings ▪ in what other recordes soeuer it be found . and therefore whereas s. augustine affirmeth , that those thinges which the whole church of christ doth hold , may well be thought to bee apostolicall , although they be not found written ; this his iudgement they vtterly condemne . i will not here stand in defence of s. augustines opinion , which is that such thinges are indeede apostolicall ; but yet with this exception , vnlesse the decree of some generall councell haue happily caused them to be receiued : for of positiue lawes and orders receiued throughout the whole christian world , s. augustine could imagine no other fountaine saue these two . but to let passe s. augustine , they who condemne him herein , must needs confesse it a very vncertaine thing what the orders of the church were in the apostles times , seeing the scriptures doe not mention them all , and other records thereof besides they vtterly reiect . so that in tying the church to the orders of the apostles times , they tie it to a maruellous vncertain rule ; vnlesse they require the obseruatiō of no orders but only those which are knowne to be apostolicall by the apostles owne writings . but then is not this their rule of such sufficiencie , that we should vse it as a touchstone to trie the orders of the church by for euer . our ende ought alwaies to bee the same ; our waies and meanes thereunto not so . the glory of god and the good of his church was the thing which the apostles aymed at , and therefore ought to bee the marke whereat we also leuell . but seeing those rites and orders may be at one time more , which at an other are lesse auaileable vnto that purpose : what reason is there in these thinges to vrge the state of one onely age , as a patterne for all to followe ? it is not i am right sure their meaning , that we should now assemble our people to serue god in close & secret meetings ; or that common brookes or riuers should be vsed for places of baptisme ; or that the eucharist should be ministred after meate ; or that the custome of church feasting should bee renued ; or that all kinde of standing prouision for the ministrie should be vtterly taken away , and their estate made againe dependent vpon the voluntary deuotion of men . in these thinges they easily perceiue how vnfit that were for the present , which was for the first age conuenient enough . the faith zeale & godlines of former times is worthily had in honour : but doth this proue that the orders of the church of christ must bee still the selfesame with theirs ▪ that nothing may be which was not then , or that nothing which then was may lawfully since haue ceased ? they who recall the church vnto that which was at the first , must necessarily set boundes and limits vnto their speeches . if any thing haue bene receiued repugnant vnto that which was first deliuered , the first things in this case must stand , the last giue place vnto them . but where difference is without repugnancie , that which hath bene can be no preiudice to that which is . let the state of the people of god when they were in the house of bondage , and their maner of seruing god in a strange land , be compared with that which canaan and ierusalem did afford , and who seeth not what huge difference there was betweene them ? in aegypt it may be they were right glad to take some corner of a poore cottage , & there to serue god vpon their knees , peraduenture couered in dust and strawe sometimes . neither were they therefore the lesse accepted of god ; but he was with them in all their afflictions , and at the length by working their admirable deliuerance , did testifie that they serued him not in vaine . notwithstanding in the very desert they are no sooner possest of some little thing of their owne , but a tabernacle is required at their handes . beeing planted in the land of canaan , and hauing dauid to be their king , when the lord had giuen him rest from all his enemies , it greeued his religious minde to consider the growth of his owne estate and dignitie , the affaires of religion continuing still in the former manner : beholde now i dwell in an house of cedar trees , and the arke of god remaineth still within curtaines . what hee did purpose , it was the pleasure of god that salomon his sonne should performe , and performe it in maner suteable vnto their present , nor their auncient estate and condition . for which cause salomon writeth vnto the king of tyrus ; the house which i build is great and wonderfull ; for great is our god aboue all gods. whereby it clearely appeareth , that the orders of the church of god may bee acceptable vnto him , as well being framed sutable to the greatnes and dignitie of later , as when they keepe the reuerend simplicitie of aunciente● times . such dissimilitude therefore betweene vs and the apostles of christ , in the order of some outward things , is no argument of default . yea but wee haue framed our selues to the customes of the church of rome ; our orders and ceremonies are papisticall . it is espied that our church-founders were not so carefull as in this matter they should haue bene , but contented themselues with such discipline as they took from the church of rome . their error we ought to reforme by abolishing all popish orders . there must bee no communion nor fellowship with papistes , neither in doctrine , ceremonies , nor gouernment . it is not enough that wee are deuided from the church of rome by the single wall of doctrine , reteining as we do part of their ceremonies , and almost their whole gouernment : but gouernment or ceremonies or whatsoeuer it be which is popish , away with it . this is the thing they require in vs , the vtter relinquishment of all thinges popish . wherein to the ende wee may answer them according vnto their plaine direct meaning , and not take aduantage of doubtfull speech , whereby controuersies growe alwaies endlesse ; their maine position being this , that nothing should bee placed in the church but what god in his word hath commaunded , they must of necessitie holde all for popish , which the church of rome hath ouer and besides this . by popish orders ceremonies and gouernment they must therefore meane in euery of these so much , as the church of rome hath embraced without commandement of gods word : so that whatsoeuer such thing we haue , if the church of rome haue it also ; it goeth vnder the name of those thinges that are popish , yea although it be lawfull , although agreeable to the word of god. for so they plainely affirme saying : although the formes and ceremonies which they ( the church of rome ) vsed were not vnlawfull , and that they contained nothing which is not agreeable to the word of god ; yet notwithstanding neither the word of god , nor reason , nor the examples of the eldest churches both iewish and christian ; do permit vs to vse the same formes and ceremonies , being neither commanded of god , neither such as there may not as good as they and rather better be established . the question therefore is , whether we may follow the church of rome in those orders , rites and ceremonies , wherein wee doe not thinke them blameable ; or else ought to deuise others , and to haue no conformitie with them , no not as much as in these thinges . in this sense and construction therefore as they affirme , so we denie , that whatsoeuer is popish wee ought to abrogate . their arguments to proue that generally all popish orders and ceremonies ought to be cleane abolished , are in summe these ? first whereas wee allow the iudgement of saint augustine , that touching those thinges of this kinde which are not commaunded or forbidden in the scripture , wee are to obserue the custome of the people of god , and decree of our forefathers : how can we retaine the customes and constitutions of the papistes in such things , who were neither the people of god nor our forefathers ? secondly although the formes and ceremonies of the church of rome were not vnlawfull , neither did containe any thing which is not agreeable to the word of god ; yet neither the worde of god , nor the example of the eldest churches of god , nor reason doe permit vs to vse the same ; they being heretiques , and so neare about vs , and their orders beeing neither commaunded of god , nor yet such but that as good or rather better may be established . it is against the word of god , to haue conformitie with the church of rome in such things ; as appeareth in that the wisdome of god hath thought it a good way to keepe his people from infection of idolatry and superstition , by seuering them from idolaters in outward ceremonies ; and therefore hath forbidden them to doe thinges which are in themselues very lawfull to be done : and further whereas the lorde was carefull to seuer them by ceremonies from other nations ; yet was he not so careful to seuer them from any , as from the aegyptians amongst whom they liued , and from those nations which were next neighbours vnto them , because from thē was the greatest feare of infection . so that following the course which the wisdom of god doth teach , it were more safe for vs to cōforme our indifferent ceremonies to the turkes which are farre off , then to the papists which are so neare . touching the example of the eldest churches of god , in one councell it was decreed , that christians should not decke their houses with baye leaues and greene boughes , because the pagans did vse so to doe ; and that they should not rest from their labours those daies that the pagans did , that they should not keepe the first day of euery month as they did . another councell decreed , that christians should not celebrate feastes on the birth daies of the martyrs , because it was the manner of the heathē . o saith tertullian , better is the religion of the heathen : for they vse no solemnitie of the christians , neither the lordes daye , neither the pentecost , and if they knew them ▪ they would haue nothing to doe with them ; for they would be afraide least they should seeme christians : but we are not afraid to be called heathen . the same tertullian would not haue christians to sit after they had prayed , because the idolaters did so . whereby it appeareth , that both of particular men and of councels , in making or abolishing of ceremonies heed hath bene taken that the christians should not be like the idolaters , no not in those thinges which of themselues are most indifferent to b● vsed or not vsed . the same cōformitie is not lesse opposite vnto reason ; first in as much as contraries must be cured by their contraries ; and therefore poperie being antichristianitie is not healed , but by establishment of orders thereunto opposite . the way to bring a drunken mā to sobrietie , is to carry him as far frō excesse of drink as may be . to rectifie a crooked sticke , we bend it on the contrary side , as farre as it was at the first on that side from whence we drawe it ; and so it commeth in the ende to a middle betweene both , which is perfect straightnes . vtter inconformitie therefore with the church of rome in these thinges , is the best and surest policie which the church can vse . while we vse their ceremonies , they take occasion to blaspheme , saying that our religion cannot stand by it selfe , vnlesse it leane vpon the staffe of their ceremonies . they hereby conceiue great hope of hauing the rest of their popery in the end , which hope causeth them to be more frozen in their wickednesse . neither is it without cause that they haue this hope , cōsidering that which maister bucer noteth vpō the . of saint mathew , that where these thinges haue bene left , popery hath returned ; but on the other part in places which haue bene cleansed of these thinges , it hath not yet bene seene that it hath had any entrance . none make such clamors for these ceremonies , as the papists and those whom they suborne ; a manifest token how much they triumph and ioy in these thinges . they breede griefe of minde in a number that are godly minded , and haue antichristianitie in such detestation , that their mindes are martyred with the very sight of them in the church . such godly brethren we ought not thus to grieue with vnprofitable ceremonies , yea ceremonies wherein there is not onely no profit , but also daunger of great hurt that may growe to the church by infection , which popish ceremonies are meanes to breede . this in effect is the summe and substance of that which they bring by way of oppositiō against those orders which we haue commō with the church of rome ; these are the reasons wherewith they would proue our ceremonies in that respect worthy of blame . before we answere vnto these thinges , we are to cut off that , wherunto they from whom these obiections proceed , do oftentimes flie for defence and succor , when the force and strength of their argumēts is elided . for the ceremonies in vse amōgst vs , being in no other respect retained , sauing onely for that to retaine thē is to our seeming good and profitable , yea so profitable and so good , that if we had either simply taken them cleane away , or els remoued them so as to place in their stead others , we had done worse : the plaine & direct way against vs herein had bin only to proue , that all such ceremonies as they require to be abolished are retained by vs with the hurt of the church , or with lesse benefit thē the abolishmēt of thē would bring . but for as much as they saw how hardly they should be able to perform this ; they took a more compendious way , traducing the ceremonies of our church vnder the name of being popish . the cause why this way seemed better vnto them was , for that the name of popery is more odious then very paganisme amongst diuers of the more simple sorte ; so as whatsoeuer they heare named popish , they presently conceiue deepe hatred against it , imagining there cā be nothing cōtained in that name , but needs it must be exceeding detestable . the eares of the people they haue therfore filled with strong clamor ; the church of englād is fraught with popish ceremonies : they that fauour the cause of reformatiō , maintaine nothing but the sinceritie of the gospel of iesus christ : all such as withstand them , fight for the lawes of his sworne enemie , vphold the filthy reliques of antichrist ; and are defenders of that which is popish . these are the notes wherewith are drawn from the harts of the multitude so many sighs ; with these tunes their mindes are exasperated against the lawfull guides and gouernours of their souls ; these are the voices that fil thē with general discōtentment , as though the bosome of that famous church wherin they liue , were more noysome then any dungeon . but when the authors of so scandalous incantations are examined and called to account how they can iustifie such their dealings ; when they are vrged directly to answere , whether it be lawfull for vs to vse any such ceremonies as the church of rome vseth , although the same be not cōmanded in the word of god ; being driuen to see that the vse of some such ceremonies must of necessitie be granted lawfull , they go about to make vs beleeue that they are iust of the same opinion , and that they only think such ceremonies are not to be vsed when they are vnprofitable , or when as good or better may be established . which answer is both idle in regard of vs , and also repugnant to themselues . it is in regard of vs very vaine to make this answere , because they know that what ceremonies we retaine common vnto the church of rome , wee therefore retaine them , for that we iudge them to be profitable , and to be such that others in stead of them would be worse . so that when they say that we ought to abrogate such romish ceremonies as are vnprofitable , or els might haue other more profitable in their stead ; they trifle and they beat the aire about nothing which toucheth vs , vnlesse they meane that wee ought to abrogate all romish ceremonies , which in their iudgement haue either no vse , or lesse vse then some other might haue . but then must they shewe some commission , wherby they are authorized to sit as iudges , and we required to take their iudgement for good in this case . otherwise their sentences will not be greatly regarded , when they oppose their me thinketh vnto the orders of the church of england : as in the question about surplesses one of them doth ; if we looke to the colour , blacke me thinketh is more decent ; if to the forme , a garment downe to the foote hath a great deale more cōlinesse in it . if they thinke that we ought to proue the ceremonies cōmodious which we haue reteined , they do in this point very greatly deceiue themselues . for in all right & equity ; that which the church hath receiued & held so long for good , that which publique approbation hath ratified , must cary the benefit of presumption with it to be accompted meet and conuenient . they which haue stood vp as yesterday to challenge it of defect , must proue their challenge . if we being defendants do answer , that the ceremonies in question are godly , comely , decent , profitable for the church ▪ their reply is childish & vnorderly to say , that we demaund the thing in question , & shew the pouerty of our cause , the goodnes wherof we are faine to begge that our aduersaries would graunt . for on our part this must be the aunswere , which orderly proceeding doth require . the burthen of prouing doth rest on them . in them it is friuolous to say , we ought not to vse bad ceremonies of the church of rome , and presume all such bad as it pleaseth themselues to dislike ; vnlesse we can perswade them the contrary . besides , they are herin opposite also to themselues . for what one thing is so common with thē , as to vse the custome of the church of rome for an argument to proue , that such & such ceremonies cānot be good & profitable for vs , in as much as that church vseth them ? which vsual kind of disputing , sheweth that they do not disallow onely those romish ceremonies which are vnprofitable , but count all vnprofitable which are romish ; that is to say , which haue bene deuised by the church of rome , or which are vsed in that church , and not prescribed in the word of god. for this is the onely limitation which they can vse sutable vnto their other positions . and therefore the cause which they yeeld , why they hold it lawfull to reteine in doctrine and in discipline some things as good , which yet are common to the church of rome , is for that those good things are perpetual commandements , in whose place no other can come ; but ceremonies are changeable . so that their iudgement in truth is , that whatsoeuer by the word of god is not changeable in the church of rome , that churches vsing is a cause , why reformed churches ought to change it , and not to thinke it good or profitable . and least we seeme to father any thing vpon them more thē is properly their owne , let them reade euen their owne words , where they complaine that we are thus constrained to be like vnto the papists in any their ceremonies ; yea they vrge that this cause although it were alone , ought to moue them to whom that belongeth to do thē away , for as much as they are their ceremonies , and that the b. of salisbury doth iustifie this their complaint . the clause is vntrue which they adde concerning the b. of salisbury ; but the sentence doth shew , that we do them no wrōg in setting downe the state of the question betweene vs thus ; whether we ought to abolish out of the church of england all such orders , rites and ceremonies , as are established in the church of rome , and are not prescribed in the word of god. for the affirmatiue whereof we are now to answer such proofes of theirs as haue bene before alleaged . let the church of rome be what it will , let them that are of it be the people of god and our fathers in the christian faith , or let them be otherwise , hold them for catholiques , or hold them for heretiques , it is not a thing either one way or other in this present question greatly material . our conformity with thē in such things as haue bene proposed , is not proued as yet vnlawfull by all this s. augustine hath said , yea and we haue allowed his saying ; that the custome of the people of god , and the decrees of our forefathers are to be kept , touching those things wherof the scripture hath neither one way nor other giuen vs any charge . what then ? doth it here therfore follow , that they being neither the people of god nor our forefathers , are for that cause in nothing to be followed ? this consequent were good , if so be it were graunted , that onely the custome of the people of god & the decrees of our forefathers are in such case to be obserued . but then should no other kind of later laws in the church be good , which were a grosse absurdity to think . s. augustines speech therefore doth import , that where we haue no diuine precept , if yet we haue the custome of the people of god , or a decree of our forefathers ; this is a law and must be kept . notwithstanding it is not denied , but that we lawfully may obserue the positiue constitutions of our owne churches , although the same were but yesterday made by our selues alone . nor is there any thing in this to proue , that the church of england might not by law receiue orders , rites or customes from the church of rome , although they were neither the people of god nor yet our forefathers . how much lesse when we haue receiued from them nothing , but that which they did themselues receiue from such , as we cannot deny to haue bene the people of god , yea such as either we must acknowledge for our owne forefathers , or else disdaine the race of christ ? the rites and orders wherein we follow the church of rome , are of no other kind thē such as the church of geneua it selfe doth follow thē in . we follow the church of rome in moe things ; yet they in some things of the same nature about which our present controuersie is : so that the difference is not in the kind , but in the number of rites only , wherein they and we do follow the church of rome . the vse of wafer-cakes , the custom of godfathers & godmothers in baptisme , are things not commanded nor forbidden in scripture ; things which haue bene of old , & are reteined in the church of rome euen at this very hower . is conformity with rome in such things a blemish vnto the church of england , & vnto churches abroad an ornament ? let thē , if not for the reuerence they ow vnto this church , in the bowels wherof they haue receiued i trust that pretious and blessed vigor , which shall quicken thē to eternall life ; yet at the leastwise for the singular affection which they do beare towards others , take heed how they strike , least they wound whom they would not . for vndoubtedly it cutteth deeper thē they are aware of , whē they plead that euē such ceremonis of the church of rome , as cōteine in thē nothing which is not of it selfe agreeable to the word of god , ought neuerthelesse to be abolished ; and that neither the word of god , nor reason , nor the examples of the eldest churches , do permit the church of rome to be therin followed . heretiques they are , & they are our neighbors . by vs and amongst vs they lead their liues . but what then ? therfore no ceremony of theirs lawfull for vs to vse ? w●●ust yeeld and will that none are lawfull , if god himself be a precedēt against the vse of any . but how appeareth it that god is so ? hereby they say it doth appeare , in that god seuered his people from the heathens , but specially from the aegyptians , and such nations as were neerest neighbors vnto them , by forbidding them to do those things , which were in themselues very lawfull to be done , yea very profitable some and incommodious to be forborne : such things it pleased god to forbid them , only because those heathens did them , with whom conformity in the same things might haue bred infection . thus in shauing , cutting , apparell wearing , yea in sundry kinds of meates also , swines flesh , conies , and such like , they were forbidden to do so and so , because the gentiles did so . and the end why god forbad them such things was , to seuer them for feare of infection by a great and an high wall from other nations , as s. paul teacheth . the cause of more carefull separation from the neerest nations , was the greatnesse of danger to be especially by them infected . now papists are to vs as those nations were vnto israell . therefore if the wisdome of god be our guide , we cannot allow conformity with them , no not in any such indifferent ceremonie . our direct answer hereunto is , that for any thing here alleaged we may still doubt , whether the lord in all such indifferēt ceremonies as those whereof we dispute , did frame his people of set purpose vnto any vtter dissimilitude , either with aegyptians , or with any other nation else . and if god did not forbid them all such indifferent ceremonies ; then our conformity with the church of rome in some such is not hitherto as yet disproued , although papists were vnto vs as those heathens were vnto israell . after the doings of the land of aegypt , wherein you dwelt , ye shall not do , saith the lord ; and after the maner of the land of canaan , whether i will bring you , shall ye not do , neither walke in their ordinances : do after my iudgements , and keepe my ordinances to walke therein : i am the lord your god. the speech is indefinite , ye shall not be like them : it is not generall , ye shall not be like them in any thing , or like vnto them in any thing indifferent , or like vnto them in any indifferent ceremony of theirs . seeing therefore it is not set downe how farre the bounds of his speech concerning dissimilitude should reach ; how can any man assure vs , that it extēdeth farder then to those things only , wherin the nations there mentioned were idolatrous , or did against that which the law of god commandeth ? nay doth it not seem a thing very probable , that god doth purposely adde , do after my iudgements ; as giuing therby to vnderstād , that his meaning in the former sentence was but to bar similitude in such things , as were repugnant vnto the ordinances , lawes and statutes which he had giuen ▪ aegyptians and cananites are for example sake named vnto them , because the customes of the one they had bin , and of the other they should be best acquainted with . but that wherein they might not be like vnto either of them , was such peraduenture as had beene no whit lesse vnlawfull , although those nations had neuer bene . so that there is no necessitie to thinke , that god for feare of infection by reason of neernes forbad them to be like to the cananites or the aegyptians , in those things which otherwise had bene lawfull enough . for i would know what one thing was in those nations , and is here forbidden , being indifferent in it self , yet forbidden onely because they vsed it . in the laws of israel we find it written , ye shal not cut round the corners of your heads , neither shalt thou teare the tufts of thy beard . these things were vsuall amongst those nations , & in themselues they are indifferent . but are they indifferent being vsed as signes of immoderate and hopeles lamentation for the dead ? in this sense it is that the law forbiddeth them . for which cause the very next words following are , ye shal not cut your flesh for the dead , nor make any print of a marke vpon you ; i am the lord. the like in leuiticus , where speech is of mourning for the dead , they shal not make bald parts vpō their head , nor shaue off the locks of their beard , nor make any cutting in their flesh . againe in deuteronomy , ye are the children of the lord your god ; ye shal not cut your selues , nor make you baldnes betweene your eyes for the dead . what is this but in effect the same which the apostle doth more plainly expresse , saying , sorrow not as they do which haue no hope ? the very light of nature it selfe was able to see herein a fault ; that which those nations did vse , hauing bin also in vse with others , the ancient romane laws do forbid . that shauing therefore and cutting which the law doth mention , was not a matter in it selfe indifferent , and forbidden onely because it was in vse amongst such idolaters as were neighbours to the people of god ; but to vse it had bin a crime , though no other people or nation vnder heauen should haue done it sauing only themselues . as for those laws concerning attire , there shall no garment of linnen & wollen come vpon thee ; as also those touching food and diet , wherein swines flesh together with sundry other meates are forbidden ; the vse of these things had bene indeed of it selfe harmelesse and indifferent : so that hereby it doth appeare , how the law of god forbad in some speciall consideration , such things as were lawful inough in themselues . but yet euen here they likewise faile of that they intend . for it doth not appeare , that the consideration in regard whereof the law forbiddeth these things ▪ was because those nations did vse them . likely enough it is that the cananites vsed to feed as well on sheepes as on swines flesh ; & therefore if the forbidding of the later had no other reason thē dissimilitude with that people , they which of their own heads alleage this for reason , can shew i think some reason more thē we are able to find , why the former was not also forbiddē . might there not be some other mystery in this prohibition then they think of ? yes , some other mystery there was in it by all likelihood . for what reason is there which should but induce , and therefore much lesse enforce vs to thinke , that care of dissimilitude betweene the people of god & the heathen nations about thē , was any more the cause of forbidding them to put on garments of sundry stuffe , then of charging them withall not to sow their fields with mesline ; or that this was any more the cause of forbidding them to eate swines flesh , then of charging them withall not to eate the flesh of eagles , haukes , and the like ? wherefore although the church of rome were to vs , as to israell the aegyptians and cananites were of old ; yet doth it not follow , that the wisedome of god without respect doth teach vs to erect betweene vs and them a partition wall of difference , in such things indifferent as haue bene hitherto disputed of . neither is the example of the eldest churches a whit more auaileable to this purpose . notwithstanding some fault vndoubtedly there is in the very resemblance of idolaters . were it not some kind of blemish to be like vnto infidels and heathens , it would not so vsually be obiected ; men would not thinke it any aduantage in the causes of religion , to be able therewith iustly to charge their aduersaries as they do . wherefore to the ende that it may a little more plainely appeare , what force this hath , and how farre the same extendeth ; we are to note howe all men are naturally desirous , that they may seeme neither to iudge , not to do ●misse ; because euery errour and offence●s ▪ staine to the beauty of nature , for which cause it blusheth thereat , but glorieth in the contrary . from thence it riseth , that they which disgrace or depresse the credit of others , do it either in bothe or in one of these . to haue bene in either directed by a weake and vnperfect rule , argueth imbecillity and imperfection . men being either led by reason , or by imitation of other mens example ; if their persons be odious whose example we choose to follow , as namely if we frame our opinions to that which condemned heretiques thinke , or direct our actions according to that which is practised and done by them ; it lieth as an heauy preiudice against vs , vnlesse somewhat mightier then their bare example , did moue vs to thinke or do the same things with thē . christian mē therfore hauing besides the common light of all men so great helpe of heauenly directions from aboue , together with the lampes of so bright examples as the church of god doth yeeld ; it cannot but worthily seeme reprochfull for vs , to leaue both the one and the other , to become disciples vnto the most hatefull sort that liue , to do as they do , onely because we see their example before vs and haue a delight to follow it . thus we may therefore safely conclude , that it is not euill simply to concurre with the heathens either in opinion or in action : and that conformitie with them is onely then a disgrace , when either we follow them in that they thinke and do amisse , or followe them generally in that they do , without other reason then only the liking we haue to the paterne of their example ; which liking doth intimate a more vniuersall approbation of them then is allowable . faustus the manichey therfore obiecting against the iewes , that they forsooke the idols of the gentiles , but their temples , & oblations , & altars , and priesthoods , and all kinds of ministery of holy things , they exercised euen as the gentiles did , yea more superstitiously a great deale ; against the catholike christians likewise , that betweene them and the heathens there was in many things little difference , from them ( sayth faustus ) ye haue learned to hold that one onely god is the author of all , their sacrifices ye haue turned into feasts of charitie , their idols into martyrs whom ye honour with the like religious offices vnto theirs , the ghosts of the dead ye appease with wine and delicates , the festiuall dayes of the nations ye celebrate together with them and of their kind of life ye haue verily changed nothing : s. augustines defence in behalfe of bothe is , that touching the matters of action , iewes & catholique christians were free frō the gentiles faultines , euen in those things which were obiected as tokens of their agreemēt with the gentiles ; & concerning their consent in opinion , they did not hold the same with gentils because gentils had so taught , but because heauen & earth had so witnessed the same to be truth , that neither the one sort could erre in being fully perswaded thereof , nor the other but erre in case they should not consent with them . in things of their owne nature indifferent , if either coūcels or particular mē haue at any time with sound iudgement misliked conformity betweene the church of god & infidels , the cause therof hath bin somwhat else then only affectation of dissimilitude . they saw it necessary so to do , in respect of some speciall accident ; which the church being not alwaies subiect vnto , hath not stil cause to do the like . for exāple , in the dangerous daies of trial , wherein there was no way for the truth of iesus christ to triumph ouer infidelitie , but through the constancy of his saints whom yet a naturall desire to saue themselues from the flame , might peraduenture cause to ioyne with pagans in externall customes , too farre vsing the same as a cloake to conceale themselues in , and a mist to darken the eyes of infidels withall : for remedy hereof , those lawes it might be were prouided , which forbad that christians should decke their houses with boughes as the pagans did vse to do , or rest those festiuall dayes whereon the pagans rested , or celebrate such feasts as were , though not heathenish , yet such that the simpler sort of heathens might be beguiled in so thinking thē . as for tertullians iudgement concerning the rites and orders of the church , no man hauing iudgement can be ignorant how iust exceptions may be taken against it . his opinion touching the catholike church was as vnindifferent , as touching our church the opinion of them that fauour this pretended reformation is . he iudged all them who did not montanize , to be but carnally minded , he iudged them still ouer-abiectly to fawne vpon the heathens , and to curry fauour with infidels . which as the catholique church did well prouide that they might not do indeed , so tertullian ouer-often through discontentment carpeth iniuriously at them , as though they did it euen when they were free from such meaning . but if it were so that either the iudgement of those counsels before alleaged , or of tertullian himselfe against the christians , are in no such consideration to be vnderstood as we haue mentioned ; if it were so that men are condemned as well of the one as of the other , onely for vsing the ceremonies of a religion contrary vnto their owne ; & that this cause is such as ought to preuaile no lesse with vs then with them ; shall it not follow that seeing there is still betweene our religion and paganisme the selfe same contrarietie , therefore we are still no lesse rebukeable , if we now decke our houses with boughes , or send new yeares-gifts vnto our friends , or feast on those dayes which the gentiles then did , or sit after prayer as they were accustomed ? for so they inferre vpon the premises , that as great difference as commodiously may be , there should be in all outward ceremonies betweene the people of god and them which are not his people . againe they teach as hath bene declared , that there is not as great a difference as may be betweene them , except the one do auoide whatsoeuer rites and ceremonies vncommanded of god the other doth embrace . so that generally they teach , that the very difference of spirituall condition it selfe betweene the seruants of christ and others , requireth such difference in ceremonies betweene them , although the one be neuer so farre disioyned in time or place from the other . but in case the people of god and belial do chaunce to be neighbours ; then as the daunger of infection is greater , so the same difference they say is thereby made more necessary . in this respect as the iewes were seuered from the heathen , so most especially from the heathen neerest them . and in the same respect we , which ought to differ howsoeuer from the church of rome , are now they say by reason of our meerenesse more bound to differ from them in ceremonies then from turkes . a straunge kind of speech vnto christian eares , and such as i hope they themselues do acknowledge vnaduisedly vttered . we are not so much to feare infection from turkes as from papists . what of that ? we must remember that by conforming rather our selues in that respect to turkes , we should be spreaders of a worse infection into others ▪ then any we are likely to draw from papists by our conformity with them in ceremonies . if they did hate as turkes do , the christians ; or as cananites of old did the iewish religion euen in grosse ; the circumstance of locall neernes in them vnto vs , might happily enforce in vs a duty of greater separation from them , then from those other mentioned . but for as much as papists are so much in christ neerer vnto vs then turkes , is there any reasonable man trow you , but will iudge it meeter that our ceremonies of christian religion should be popish then turkish or heathenish ? especially considering that we were not brought to dwell amongst them ( as israell in canaan ) hauing not bene of them . for euen a very part of them we were . and when god did by his good spirit put it into our hearts , first to reforme our selues , ( whence grew our separation ) and then by all good meanes to seeke also their reformation ; had we not onely cut off their corruptions , but also estranged our selues from them in things indifferent ; who seeth not how greatly preiudiciall this might haue bene to so good a cause , and what occasion it had giuen them to thinke ( to their greater obduration in euill ) that through a froward or wanton desire of innouation , wee did vnconstrainedly those thinges , for which conscience was pretended ? howsoeuer the case doth stand , as iuda had beene rather to choose conformity in things indifferent with israell when they were neerest opposites , then with the farthest remoued pagans : so we in like case , much rather with papists then with turkes . i might adde further for more full and complete answere , so much concerning the large oddes betweene the case of the eldest churches in regard of those heathens , and ours in respect of the church of rome , that very cauillation it selfe should be satisfied , and haue no shift to flye vnto . but that no one thing may deteine vs ouer long , i returne to their reasons against our conformity with that church . that extreme dissimilitude which they vrge vpon vs , is now commended as our best & safest policie for establishment of sound religion . the ground of which politique position is , that euils must be cured by their contraries ; & therfore the cure of the church infected with the poyson of antichristianity , must be done by that which is therunto as cōtrary as may be . a medled estate of the orders of the gospell & the ceremonies of popery , is not the best way to banish popery . we are cōtrarywise of opiniō , that he which will perfectly recouer a sicke , and restore a diseased body vnto health , must not endeuor so much to bring it to a state of simple cōtrariety , as of fit proportion in contrariety vnto those euils which are to be cured . he that will take away extreme heat , by setting the body in extremity of cold , shall vndoubtedly remoue the disease , but together with it the diseased too . the first thing therefore in skilfull cures , is the knowledge of the part affected ; the next is of the euill which do affect it ; the last is not onely of the kind , but also of the measure of contrary things whereby to remoue it . they which measure religion by dislike of the church of rome , thinke euery man so much the more sound ; by how much he can make the corruptions thereof to seeme more large . and therefore some there are , namely the arrians in reformed churches of poland , which imagine the cancre to haue eaten so far into the very bones and marrow of the church of rome , as if it had not so much as a sound beliefe , no not cōcerning god himselfe , but that the very beliefe of the trinity were a part of antichristian corruption ; and that the wonderfull prouidence of god did bring to passe , that the bishop of the sea of rome should be famous for his triple crowne ; a sensible marke whereby the world might know him to be that mysticall beast spoken of in the reuelation , to be that great and notorious antichrist in no one respect so much , as in this that he maintaineth the doctrine of the trinity . wisdome therefore and skill is requisite to knowe , what parts are sound in that church , and what corrupted . neither is it to all men apparant which complaine of vnsound parts , with what kind of vnsoundnesse euery such part is possessed . they can say that in doctrine , in discipline , in prayers , in sacraments , the church of rome hath ( as it hath in deede ) very foule and grosse corruptions : the nature whereof notwithstanding because they haue not for the most part exact skill and knowledge to discerne , they thinke that amisse many times which is not , and the salue of reformation they mightily call for ; but where and what the sores are which need it , as they wote full little , so they thinke it not greatly materiall to search . such mens contentment must be wrought by stratageme : the vsuall methode of art is not for them . but with those that professe more then ordinary & common knowledge of good from euill , with them that are able to put a difference betweene things naught , & things indifferent in the church of rome , we are yet at controuersie about the maner of remouing that which is naught : whether it may not be perfectly helpt , vnlesse that also which is indifferent be cut off with it , so farre till no rite or ceremony remaine which the church of rome hath , being not found in the word of god. if we thinke this to extreme , they reply that to draw mē frō great excesse , it is not amisse though we vse them vnto somewhat lesse then is competent ; & that a crooked stick is not stieightned vnlesse it be bent as farre on the cleane contrary side , that so it may settle it selfe at the length in a middle estate of euennes between both . but how can these cōparisons stand them in any steed ? when they vrge vs to extreme opposition against the church of rome , do they meane we should be drawne vnto it onely for a time , and afterwards returne to a mediocrity ? or was it the purpose of those reformed churches , which vtterly abolished all popish ceremonies , to come in the end back againe to the middle point of euennesse and moderation ? then haue we conceiued amisse of their meaning . for we haue alwaies thought their opinion to be , that vtter inconformity with the church of rome was not an extremity wherunto we should be drawne for a time , but the very mediocrity it selfe wherein they meant we should euer continue . now by these comparisons it seemeth cleane contrarie , that howsoeuer they haue bent themselues at first to an extreme contrariety against the romish church , yet therin they wil continue no longer then only till such time as some more moderate course for establishmēt of the church may be concluded . yea , albeit this were not at the first their intent , yet surely now there is great cause to leade thē vnto it . they haue seene that experience of the former policie , which may cause the authors of it to hang downe their heads . when germany had strickē off that which appeared corrupt in the doctrine of the church of rome ▪ but seemed neuerthelesse in discipline still to reteine therewith very great conformitie : fraunce by that rule of policie which hath bene before mentioned , tooke away the popish orders which germany did reteine . but processe of time hath brought more light vnto the world ; whereby men perceiuing that they of the religion in france haue also reteined some orders which were before in the church of rome , and are not commaunded in the word of god ; there hath arisen a sect in england , which following still the very selfe same rule of policie , seeketh to reforme euen the french reformation , and purge out from thence also dregs of popery . these haue not taken as yet such roote that they are ●able to establish any thing . but if they had , what would spring out of their stocke , and how farre the vnquiet wit of man might be caried with rules of such policie , god doth know . the triall which we haue liued to see , may somewhat teach vs what posteritie is to feare . but our lord of his infinite mercie , auert whatsoeuer euill our swaruings on the one hand or on the other may threaten vnto the state of his church . that the church of rome doth hereby take occasion to blaspheme , and to say our religion is not able to stand of it selfe , vnlesse it leane vpon the staffe of their ceremonies , is not a matter of so great momēt , that it did need to be obiected , or doth deserue to receiue answer . the name of blasphemy in this place , is like the shoe of hercules on a childs foote . if the church of rome do vse any such kind of silly exprobration , it is no such ougly thing to the eare , that we should thinke the honour and credite of our religion to receiue thereby any great wound . they which hereof make so perilous a matter , do seeme to imagine , that we haue erected of late a frame of some new religion ; the furniture whereof we should not haue borrowed from our enemies , least they relieuing vs might afterwards laugh and gibe at our pouerty : whereas in truth the ceremonies which we haue taken from such as were before vs , are not things that belong to this or to that sect , but they are the auncient rites and customes of the church of christ ; whereof our selues being a part , we haue the selfe same interest in them which our fathers before vs had , from whom the same are descended vnto vs. againe in case we had bene so much beholding priuately vnto them , doth the reputation of one church stand by saying vnto another , i need thee not ? if some should be so vrine and impotent , as to marre a benefite with reprochfull vpbraiding , where at the least they suppose themselues to haue bestowed some good turne ; yet surely a wise bodies part it were not , to put out his fire , because his fond and foolish neighbour , from whom he borrowed peraduenture wherewith to kindle it , might happily cast him therewith in the teeth , saying , were it not for me thou wouldest freeze , and not be able to heate thy selfe . as for that other argument deriued from the secret affection of papists , with whom our conformitie in certaine ceremonies is sayd to put them in great hope , that their whole religion in time will haue reentrance ; and therefore none are so clamorous amongst vs for the obseruation of these ceremonies , as papists and such as papists suborne to speake for them , whereby it clearely appeareth how much they reioyce , how much they triumph in these things ; our aunswere hereunto is still the same , that the benefite we haue by such ceremonies ouerweigheth euen this also . no man which is not exceeding partiall can well deny , but that there is most iust cause wherefore we should be offended greatly at the church of rome . notwithstanding at such times as we are to deliberate for our selues , the freer our minds are from all distempered affections , the sounder & better is our iudgemēt . when we are in a fretting mood at the church of rome , and with that angry disposition enter into any cogitation of the orders & rites of our church ; taking particular suruey of them , we are sure to haue alwayes one eye fixed vpon the countenance of our enemies , and according to the blith or heauy aspect thereof , our other eye sheweth some other sutable token either of dislike or approbation towards our owne orders . for the rule of our iudgement in such case being onely that of homer , this is the thing which our enemies would haue ; what they seeme contented with , euen for that very cause we reiect ; & there is nothing but it pleaseth vs much the better , if we espy that it gauleth them . miserable were the state & condition of that church , the waighty affaires whereof should be ordered by those deliberations , wherein such an humor as this were perdominant . we haue most heartily to thanke god therefore , that they amongst vs to whom the first consultations of causes of this kind fell , were men which aiming at another marke , namely the glorie of god and the good of this his church , tooke that which they iudged thereunto necessary , not reiecting any good or conuenient thing , onely because the church of rome might perhaps like it . if we haue that which is meere and right , although they be glad , we are not to enuie them this their solace ; we do not thinke it a duty of ours , to be in euery such thing their tormentors . and whereas it is said , that popery for want of this vtter extirpation hath in some places taken roote and florished againe , but hath not beene able to reestablish it selfe in any place , after prouision made against it by vtter euacuation of all romish ceremonies ; and therefore as long as we hold any thing like vnto them , we put them in some more hope , then if all were taken away ; as we deny not but this may be true , so being of two euils to chuse the lesse , we hold it better , that the friends and fauorers of the church of rome , should be in some kind of hope to haue a corrupt religion restored , then both we and they conceiue iust feare , least vnder colour of rooting out popery , the most effectuall meanes to beare vp the state of religion be remooued , and so a way made either for paganisme , or for extreme barbāritie to enter . if desire of weakening the hope of others should turne vs away from the course we haue taken ; how much more the care of preuenting our owne feare withhold vs from that wee are vrged vnto ? especially seeing that our owne feare we knowe , but wee are not so certaine what hope the rites and orders of our church haue bred in the hearts of others . for it is no sufficient argument thereof to say , that in maintaining and vrging these ceremonies none are so clamorous as papists , and they whom papists suborne ; this speech being more hard to iustifie then the former , and so their proofe more doubtfull then the thing it selfe which they proue . he that were certaine that this is true , must haue marked who they be that speake for ceremonies ; he must haue noted who amongst them doth speake oftnest , or is most earnest ; he must haue bene both acquainted throughly with the religion of such , and also priuy what conferences or compacts are passed in secret betweene them and others ; which kinds of notice are not wont to be vulgar and common . yet they which alleage this , would haue it taken as a thing that needeth no proofe , a thing which all men know and see . and if so be it were graunted them as true , what gaine they by it ? sundry of them that be popish are eger in maintenance of ceremonies . is it so strange a matter to find a good thing furthered by ill men of a sinister intent and purpose , whose forwardnesse is not therefore a bridle to such as fauour the same cause with a better and sincerer meaning ? they that seeke , as they say , the remouing of all popish orders out of the church , and reckon the state of bishop in the number of those orders , do ( i doubt not ) presume that the cause which they prosecute is holy . notwithstanding it is their owne ingenuous acknowledgement , that euen this very cause which they terme so often by an excellency , the lords cause , is gratissima , most acceptable vnto some which hope for pray and spoile by it , and that our age hath store of such , and that such are the very sectaries of dionysius the famous atheist . now if hereupon we should vpbraide them with irreligious , as they do vs with superstitious fauourers ; if we should follow them in their owne kind of pleading and say , that the most clamorous for this pretended reformation , are either atheists , or else proctors suborned by atheists ; the answer which herein they would make vnto vs , let them apply vnto themselues , and there an end . for they must not forbid vs to presume , or cause in defence of our church-orders , to be as good as theirs against them , till the contrary be made manifest to the world . in the meane while sory we are , that any good and godly mind should be grieued with that which is done . but to remedy their griefe , lieth not so much in vs as in themselues . they do not wish to be made glad with the hurt of the church : and to remoue all out of the church , whereat they shew themselues to be sorrowfull , would be as we are perswaded hurtfull , if not pernitious thereunto . till they be able to perswade the contrary , they must and will i doubt not find out some other good meanes to cheere vp themselues . amongst which meanes the example of geneua may serue for one . haue not they the old popish custome of vsing godfathers and godmothers in baptisme ; the old popish custome of administring the blessed sacrament of the holy eucharist with wafer cakes ? those thing● the godly there can digest . wherefore should not the godly here learne to do the like , both in them and in the rest of the like nature ? some further meane peraduenture it might be to asswage their griefe , if so be they did cōsider the reuenge they take on them , which haue bene , as they interpret it , the workers of their continuance in so great griefe so long . for if the maintenance of ceremonies be a corrosiue to such as oppugne them ; vndoubtedly to such as mainteine them , it can be no great pleasure , when they behold how that which they reuerence is oppugned . and therefore they that iudge themselues martyrs when they are grieued , should thinke withall what they are when they grieue . for we are still to put them in mind that the cause doth make no difference ; for that it must be presumed as good at the least on our part as on theirs , till it be in the end decided who haue stood for truth and who for error . so that till then the most effectuall medicine and withall the most sound to ease their griefe , must not be ( in our opinion ) the taking away of those things whereat they are grieued , but the altering of that perswasion which they haue concerning the same . for this we therefore both pray and labour ; the more because we are also perswaded , that it is but conceipt in them to thinke , that those romish ceremonies whereof we haue hetherto spoken , are like leprous clothes , infectious vnto the church , or like soft and gentle poysons , the venome whereof being insensibly pernicious , worketh death , and yet is neuer felt working . thus they say : but because they say it onely , and the world hath not as yet had so great experience of their art in curing the diseases of the church , that the bare authoritie of their word should perswade in a cause so waightie ; they may not thinke much if it be required at their hands to shewe , first , by what meanes so deadly infection can growe from similitude betweene vs and the church of rome in these thinges indifferent ; secondly , for that it were infinite if the church should prouide against euery such euill as may come to passe , it is not sufficient that they shewe possibilitie of dangerous euent , vnlesse there appeare some likelihood also of the same to follow in vs , except we preuent it , nor is this inough , vnlesse it be moreouer made plaine , that there is no good and sufficient way of preuention , but by euacuating cleane , and by emptying the church of euerie such rite and ceremonie , as is presently called in question . till this be done , their good affection towards the safety of the church is acceptable , but the way they prescribe vs to preserue it by must rest in suspense . and least hereat they take occasion to turne vpon vs the speech of the prophet ieremie vsed against babylon , behold we haue done our endeuour to cure the diseases of babylon , but she through her wilfulnesse doth rest vncured : let them consider into what straights the church might driue it selfe , in being guided by this their counsell . their axiome is , that the sound beleeuing church of iesus christ , may not be like hereticall churches in any of those indifferent things , which men make choyce of , and do not take by prescript appointment of the word of god. in the word of god the vse of bread is prescribed , as a thing without which the eucharist may not be celebrated : but as for the kind of bread , it is not denied to be a thing indifferent . being indifferent of it selfe , we are by this axiome of theirs to auoide the vse of vnleauened bread in their sacrament , because such bread the church of rome beeing hereticall vseth . but doth not the selfe same axiome barre vs euen from leauened bread also , which the church of the grecians vseth ; the opinions whereof are in a number of things the same , for which we condemne the church of rome ; and in some things erroneous , where the church of rome is acknowledged to be sound ; as namely in the article proceeding of the holy ghost ? and least here they should say that because the greeke church is farther off , & the church of rome nearer , we are in that respect rather to vse that which the church of rome vseth not ; let them imagine a reformed church in the citie of venice , where a greeke church and a popish both are . and when both these are equally neare , let them consider what the third shall doe . without eyther leauened or vnleauened bread , it can haue no sacrament : the word of god doth tye it to neither ; and their axiome doth exclude it from both . if this constraine them , as it must , to grant that their axiome is not to take any place , saue in those things only where the church hath larger scope ; it resteth that they search out some stronger reason then they haue as yet alleaged ; otherwise they constraine not vs to thinke that the church is tyed vnto any such rule or axiome , no not then when she hath the widest field to walke in , and the greatest store of choice . against such ceremonies generally as are the same in the church of england and of rome , we see what hath bene hetherto alleaged . albeit therefore we do not finde the one churches hauing of such thinges , to be sufficient cause why the other should not haue them : neuerthelesse in case it may be proued , that amongst the number of rites and orders common vnto bothe , there are particulars the vse whereof is vtterly vnlawfull , in regard of some speciall bad and noysome qualitie ; there is no doubt but we ought to relinquish such rites and orders , what freedome soeuer we haue to retaine the other still . as therefore wee haue heard their generall exception against all those thinges , which being not commanded in the word of god , were first receiued in the church of rome , and from thence haue bene deriued into ours , so it followeth th●t now we proceede vnto certaine kinds of them , as being excepted against not only for that they are in the church of rome , but are besides either iewish , or abused vnto idolatry , and so growne scandalous . the church of rome they say , being ashamed of the simplicitie of the gospell , did almost out of all religions take whatsoeuer had any faire & gorgeous shew , borrowing in that respect frō the iewes sundry of their abolished ceremonies . thus by foolish and ridiculous imitation , all their massing furniture almost they tooke from the law , least hauing an altar and a priest , they should want vestments for their stage ; so that whatsoeuer we haue in common with the church of rome , if the same be of this kind we ought to remoue it . constantine the emperour speaking of the keeping of the feast of easter saith , that it is an vnworthy thing to haue any thing common with that most spitefull company of the iewes . and a little after he saith , that it is most absurd and against reason , that the iewes should vaunt and glory that the christians could not keepe those thinges without their doctrine . and in an other place it is said after this sort ; it is conuenient so to order the matter , that we haue nothing common with that nation . the councell of laodicea , which was afterward confirmed by the sixt generall councell , decreed that the christians should not take vnlea●ened bread of the iewes , or communicate with their impietie . for the easier manifestation of truth in this point , two things there are which must be considered ; namely the causes wherefore the church should decline from iewish ceremonies ; and how farre it ought so to doe . one cause is that the iewes were the deadliest and spitefullest enemies of christianitie that were in the world , and in this respect their orders so farre forth to be shunned , as we haue already set downe in handling the matter of heathenish ceremonies . for no enemies being so venemous against christ as iewes , they were of all other most odious , and by that meane least to be vsed as fit church paternes for imitation . an other cause is the solemne abrogation of the iewes ordinances ; which ordinances for vs to resume , were to checke our lord himselfe which hath disanulled them . but how farre this second cause doth extend , it is not on all sides fully agreed vpon . and touching those thinges whereunto it reacheth not , although there be small cause wherefore the church should frame it selfe to the iewes example , in respect of their persons which are most hatefull ; yet god himselfe hauing bene the author of their lawes , herein they are ( notwithstanding the former consideration ) still worthy to be honoured , and to be followed aboue others , as much as the state of things will beare . iewish ordinances had some things naturall , and of the perpetuitie of those things no man doubteth . that which was positiue , wee likewise knowe to haue bene by the comming of christ partly necessary not to bee kept , and partly indifferent to be kept or not . of the former kinde circumcision and sacrifice were . for this point stephen was accused ; and the euidence which his accusers brought against him in iudgement was , this man ceaseth not to speake blasphemous words against this holy place and the lawe , for we haue heard him say that this iesus of nazaret shall destroy this place , and shall change the ordinances that moses gaue vs. true it is that this doctrine was then taught , which vnbeleeuers condemning for blasphemie , did therein commit that which they did condemne . the apostles notwithstanding from whom stephen had receiued it , did not so teach the abrogation , no not of those things which were necessarily to cease , but that euen the iewes being christian might for a time continue in them . and therefore in ierusalem the first christian bishop not circumcised was marke ; and he not bishop till the daies of adrian the emperour , after the ouerthrow of ierusalem , there hauing bene fifteene bishops before him which were all of the circumcision . the christian iewes did thinke at the first not onely themselues , but the christian gentiles also bound , and that necessarily , to obserue the whole lawe . there went forth certaine of the sect of pharises which did beleeue , and they comming vnto antioch , taught that it was necessary for the gentiles to be circumcised , and to keepe the lawe of moses . whereupon there grew dissention , paul and barnabas disputing against them . the determination of the councell held at ierusalem concerning this matter was finally this , touching the gentils which beleeue , we haue written & determined that they obserue no such thing . their protestation by letters is , for as much as we haue heard that certain which departed frō vs haue troubled you with words , and combred your minds , saying , ye must be circumcised and keepe the lawe ; knowe that we gaue them no such commandement . paule therefore continued still teaching the gentiles , not onely that they were not bound to obserue the lawes of moses , but that the obseruation of those lawes which were necessarily to be abrogated , was in them altogether vnlawfull . in which point his doctrine was misreported , as though he had euery where preached this , not only concerning the gentiles , but also touching the iewes . wherfore comming vnto iames and the rest of the cleargie at ierusalem , they tolde him plainely of it , saying , thou seest brother how many thousand iewes there are which beleeue , & they are all zealous of the law . now they are informed of thee , that thou teachest all the iewes which are amongst the gentiles to forsake moses , and sayest that they ought not to circumcise their children neither to liue after the customes . and hereupon they gaue him counsell to make it apparent in the eyes of all men , that those flying reports were vntrue , and that himselfe being a iew , kept the lawe euen as they did . in some thinges therefore wee see the apostles did teach , that there ought not to be conformitie betweene the christian iewes and gentiles . how many things this lawe of inconformitie did comprehend , there is no need we should stand to examine . this generall is true , that the gentiles were not made conformable vnto the iewes , in that which was necessarily to cease at the comming of christ. touching things positiue which might either cease or continue as occasion should require , the apostles tendering the zeale of the iewes , thought it necessary to binde euen the gentiles for a time to abstaine as the iewes did , frō things offered vnto idols , from bloud , frō strangled . these decrees were euery where deliuered vnto the gentiles to bee straightly obserued and kept . in the other matters where the gentiles were free , and the iewes in their owne opinion still tied , the apostles doctrine vnto the iewe was , condemne not the gentile ; vnto the gentile , despise not the iewe : the one sorte they warned to take heed that scrupulositie did not make them rigorous , in giuing vnaduised sentence against their brethren which were free ; the other that they did not become scandalous , by abusing their libertie & freedome to the offence of their weake brethren which were scrupulous . from hence therefore two conclusiōs there are which may euidently be drawne ; the first , that whatsouer conformitie of positiue lawes the apostles did bring in betweene the churches of iewes and gentiles , it was in those things only , which might either cease or continue a shorter or a longer time , as occasion did most require ; the second , that they did not impose vpon the churches of the gentiles any part of the iewes ordinances with bond of necessary and perpetuall obseruatiō , ( as we al both by doctrine and practise acknowledge ) but only in respect of the conueniencie and fitnes for the present state of the church as thē it stood . the words of the councels decree cōcerning the gentiles are , it seemed good to the holy ghost & to vs , to lay vpō you no more burden sauing only those things of necessitie , abstinence frō idoll-offrings , frō strangled & bloud , and frō fornication . so that in other things positiue which the cōming of christ did not necessarily extinguish , the gentils were left altogether free . neither ought it to seeme vnreasonable , that the gentils should necessarily be bound & tied to iewish ordinances , so far forth as that decree importeth . for to the iew , who knew that their differēce frō other nations which were aliens & strangers frō god , did especially consist in this , that gods people had positiue ordināces giuen to thē of god himself , it seemed maruelous hard , that the christiā gentils should be incorporated into the same common welth with gods owne chosen people , & be subiect to no part of his statutes , more then only the lawe of nature , which heathēs count thēselues boūd vnto . it was an opiniō constātly receiued amongst the iews , that god did deliuer vnto the sonnes of noah seuē precepts ; namely to liue in some form of regimēt vnder publique lawes ; to serue & call vpō the name of god ; to shun idolatry ; not to suffer effusiō of bloud ; to abhor all vncleane knowledge in the flesh ; to commit no ●apine ; finally , not to eate of any liuing creature whereof the bloud was not first let out . if therefore the gentiles would be exempt from the lawe of moses , yet it might seeme hard they should also cast off euen those things positiue which were obserued before moses , and which were not of the same kinde with lawes that were necessarily to cease . and peraduenture hereupon the councell sawe it expedient to determine , that the gentiles should according vnto the third , the seuenth , and the fift of those precepts , abstaine from things sacrificed vnto idoles , from strangled and bloud , and from fornication . the rest the gentiles did of their owne accord obserue , nature leading them thereunto . and did not nature also teach them to abstaine from fornication ? no doubt it did . neither can we with reason thinke , that as the former two are positiue , so likewise this , being meant as the apostle doth otherwise vsually vnderstand it . but very marriage within a number of degrees , being not onely by the lawe of moses , but also by the lawe of the sonnes of noah ( for so they tooke it ) an vnlawfull discouerie of nakednes ; this discouerie of nakednesse by vnlawfull marriages , such as moses in the lawe reckoneth vp , i thinke it for mine owne part more probable to haue bene meant in the wordes of that canon , then fornication according vnto the sense of the lawe of nature . words must be taken according to the matter wherof they are vttered . the apostles commaund to abstaine from bloud . conster this according to the lawe of nature , and it will seeme that homicide only is forbidden . but conster it in reference to the law of the iewes about which the question was , and it shall easily appeare to haue a cleane other sense , and in any mans iudgement a truer , when we expound it of eating , and not of sheading bloud . so if we speake of fornication , he that knoweth no lawe but only the lawe of nature , must needes make thereof a narrower construction , then he which measureth the same by a lawe , wherein sundry kindes euen of coniugall copulation are prohibited as impure , vncleane , vnhonest . saint paule himselfe doth terme incestuous marriage fornication . if any do rather think that the christian gentiles themselues through the loose and corrupt custome of those times , tooke simple fornication for no sinne , and were in that respect offensiue vnto beleeuing iewes which by the law had bene better taught ; our proposing of an other coniecture , is vnto theirs no preiudice . some thinges therefore we see there were , wherein the gentiles were forbidden to be like vnto the iewes ; some things wherin they were commanded not to be vnlike . againe , some things also there were , wherein no lawe of god did let , but that they might be either like or vnlike , as occasion should require . and vnto this purpose leo sayth , apostolicall ordinance ( beloued ) knowing that our lord iesus christ came not into this world to vndo the law , hath in such sort distinguished the mysteries of the old testament , that certaine of them it hath chosen out to benefit euangelicall knowledge withall , and for that purpose appointed that those things which before were iewish , might now be christian customes . the cause why the apostles did thus conforme the christians , as much as might be , according to the patterne of the iewes , was to reine them in by this meane the more , and to make them cleaue the better . the church of christ hath had in no one thing so many and so contrary occasions of dealing as about iudaisme ; some hauing thought the whole iewish lawe wicked and damnable in it selfe ; some not condemning it as the former sort absolutely , haue notwithstanding iudged it either sooner necessary to be abrogated , or further vnlawful to be obserued then truth can beare ; some of scrupulous simplicitie vrging perpetuall and vniuersall obseruation of the law of moses necessary , as the christian iewes at the first in the apostles times ; some as heretiques , holding the same no lesse euen after the contrary determination set downe by consent of the church at ierusalem ; finally some being herein resolute through meere infidelitie , and with open profest enmitie against christ , as vnbeleeuing iewes . to cōtrowle slaunderers of the law and prophets , such as marcionites and manichees were , the church in her liturgies hath intermingled with readings out of the new testament , lessons taken out of the lawe and prophets ; whereunto tertullian alluding , saith of the church of christ ; it intermingleth with euangelicall and apostolicall writings , the law and the prophets ; and from thence it drinketh in that faith , which with water it sealeth , clotheth with the spirit , nourisheth with the eucharist , with martirdom setteth forward . they would haue wondered in those times to heare , that any man being not a fauourer of heresie , should terme this by way of disdaine , mangling of the gospels & epistles . they which honor the law as an image of the wisdome of god himselfe , are notwithstanding to know that the same had an end in christ. but what ? was the lawe so abolished with christ , that after his ascention the office of priests became immediatly wicked , & the very name hatefull , as importing the exercise of an vngodly function ? no , as long as the glory of the temple continued , and till the time of that finall desolation was accomplished , the very christian iewes did continue with their sacrifices and other parts of legall seruice . that very lawe therefore which our sauiour was to abolish , did not so soone become vnlawfull to be obserued as some imagine : nor was it afterwards vnlawful so far , that the very name of aultar , of priest , of sacrifice it selfe , should be banished out of the world . for thogh god do now hate sacrifice , whether it be heathenish or iewish , so that we cannot haue the same things which they had , but with impietie ; yet vnlesse there be some greater let then the onely euacuation of the law of moses , the names thēselues may ( i hope ) be retained without sin , in respect of that proportion which things established by our sauiour haue vnto them which by him are abrogated . and so throughout all the writings of the auncient fathers we see that the words which were do continue ; the onely difference is , that whereas before they had a literall , they now haue a metaphoricall vse , and are as so many notes of remembrance vnto vs , that what they did signifie in the letter , is accomplished in the truth . and as no man can depriue the church of this libertie , to vse names whereunto the lawe was accustomed ; so neither are wee generally forbidden the vse of things which the lawe hath ; though it neither commaund vs any particularitie , as it did the iewes a number ; and the waightiest which it did commaund them , are vnto vs in the gospell prohibited . touching such as through simplicitie of error did vrge vniuersall and perpetuall obseruation of the lawe of moses at the first , we haue spoken already . against iewish heretikes and false apostles teaching afterwards the selfe same , saint paul in euery epistle commonly either disputeth or giueth warning . iewes that were zealous for the lawe , but withall infidels in respect of christianitie , and to the name of iesus christ most spitefull enemies , did while they flourished no lesse persecute the church then heathens . after their estate was ouerthrowne , they were not that way so much to be feared . howbeit because they had their synagogues in euery famous citie almost throughout the world , and by that meanes great opportunitie to withdraw from the christian faith , which to doe they spared no labor ; this gaue the church occasion to make sundry lawes against them . as in the councell of laodicea ; the festiuall presents which iewes or heretikes vse to send must not be receiued ; nor holy dayes solemnized in their company . againe , from the iewes men ought not to receiue their vnleauened , nor to communicate with their impieties . which councell was afterwardes indeede confirmed by the sixt generall councell . but what was the true sense or meaning both of the one and the other ? were christians here forbidden to communicate in vnleauened bread , because the iewes did so being enemies of the church ? hee which attentiuely shall waigh the wordes , will suspect that they rather forbid communion with iewes , thē imitation of them : much more , if with these two decrees be compared a third in the councell of cōstantinople ; let no man either of the clergie or laitie eate the vnleauened of the iewes , nor enter into any familiaritie with them , nor send for them in sicknes , nor take phisicke at their hāds , nor as much as goe into the bath with them , if any do otherwise being a clergie man , let him be deposed ; if being a lay person , let excommunicatiō be his punishment . if these canons were any argumēt , that they which made them did vtterly cōdemne similitude betweene the christians & iewes , in things indifferent appertaining vnto religiō , either because the iewes were enemies vnto the church , or else for that their ceremonies were abrogated ; these reasons had bin as strong & effectual against their keeping the feast of easter on the same day the iewes kept theirs , and not according to the custome of the west church . for so they did frō the first beginning till constantines time . for in these two things the east & west churches did interchangeably both confront the iewes , and concur with thē : the west church vsing vnleauened bread , as the iewes in their passouer did , but differing frō them in the day whereon they kept the feast of easter ; con●●ariwise the east church celebrating the feast of easter on the same day with the iewes , but not vsing the same kind of bread which they did . now if so be the east church in vsing leuened bread had done wel , either for that the iewes were enemies to the church , or because iewish ceremonies were abrogated ; how should we think but that victor the b. of rome ( whom all iudicious mē do in that behalf disallow ) did well to be so vehement & fierce in drawing thē to the like dissimilitude for the feast of easter ? againe , if the west churches had in either of those two respects affected dissimilitude with the iewes in the feast of easter , what reasō had they to drawe the easterne church herein vnto them , which reason did not enforce them to frame themselues vnto it in the ceremonie of leauened bread ? differēce in rites should breed no cōtrouersie between one church & an other : but if controuersie be once bred , it must be ended . the feast of easter being therfore litigious in the daies of cōstantine , who honored of all other churches most the church of rome , which church was the mother from whose breasts he had drawn that food , which gaue him nourishmēt to eternall life ; sith agreement was necessary , and yet impossible , vnlesse the one part were yeelded vnto ; his desire was that of the two the easterne church should rather yeeld . and to this end he vseth sundry perswasiue speeches . when stephen the bi. of rome going about to shew what the catholique church should do , had alleaged what the heritiques themselues did , namely that they receiued such as came vnto them , and offered not to baptise them anew : s. cyprian being of a contrary mind to him about the matter at that time questiō , which was , whether heretikes conuerted ought to be rebaptised yea or no , answered the allegatiō of pope stephen with exceeding great stomack , saying , to this degree of wretchednes the church of god and spouse of christ is now come , that her wayes she frame●h to the example of heretikes ; that to celebrate the sacramēts which heauēly instructiō hath deliuered , light it self doth borrow frō darknes , & christians do that which antichrists do . now albeit cōstantine haue done that to further a better cause , which cyprian did to countenance a worse , namely , the rebaptization of heretiques ; and haue taken aduantage at the odiousnesse of the iewes , as cyprian of heretiques , because the easterne church kept their feast of easter alwayes the fourteenth day of the moneth as the iewes did , what day of the weeke soeuer it ●el ; or how soeuer constantine did take occasiō in the handling of that cause to say , it is vnworthy to haue any thing common with that spitefull nation of the iewes ; shall euery motiue argument vsed in such kinde of conferences , be made a rule for others still to cōclude the like by , cōcerning all things of like nature , when as probable inducements may leade them to the contrary ? ▪ let both this and other allegations suteable vnto it , cease to barke any longer idlely against that truth , the course and passage wherof it is not in them to hinder . but the waightiest exception , and of all the most worthy to be respected , is against such kind of ceremonies , as haue bene so grossely & shamefully abused in the church of rome , that where they remaine they are scandalous , yea they cannot choose but be stumbling blockes and grieuous causes of offence . concerning this point therefore we are first to note , what properly it is to be scandalous or offensiue ; secondly what kinde of ceremonies are such ; and thirdly when they are necessarily for remedie therof to be taken away , and when not . the common conceipt of the vulgar sort is , whensoeuer they see any thing which they mislike and are anrgy at , to thinke that euery such thing is scandalous , and that themselues in this case are the men concerning whome our sauiour spake in so fearefull manner , saying , whosoeuer shall scandalize or offend any one of these little ones which beleeue in me [ that is as they conster it , whosoeuer shall anger the meanest and simplest artizan which carrieth a good minde , by not remouing out of the church such rites and ceremonies as displease him ] better he were drowned in the bottom of the sea . but hard were the case of the church of christ if this were to scandalize . men are scandalized when they are moued , led , and prouoked vnto sinne . at good thinges euill men may take occasion to doe euill ; and so christ himselfe was a rock of offence in israel , they taking occasion at his poore estate , and at the ignominie of his crosse , to think him vnworthy the name of that great and glorious messias , whom the prophets describe in such ample & stately terms . but that which we therfore terme offensiue , because it inuiteth mē to offend , and by a dumb kind of prouocation incourage , thmoueth , or any way leadeth vnto sinne , must of necessitie be acknowledged actiuely scandalous . now some thinges are so euen by their very essence and nature , so that wheresoeuer they be found , they are not , neither can be without this force of provocation vnto euill ; of which kinde all examples of sinne and wickednes are . thus dauid was scandalous in that bloudie acte , whereby he caused the enemies of god to be blasphemous : thus the whole state of israell scandalous , when their publique disorders caused the name of god to be ill spoken of amongst the nations . it is of this kind that tertullian meaneth ; offence or scandall , if i be not deceaued saith he , is when the example not of a good but of an euill thing , doth set men forward vnto sinne . good things can scandalize none saue only euill mindes : good things haue no scandalizing nature in them . yet that which is of it owne nature either good or at least not euill , may by some accident become scandalous at certain times , and in certaine places , and to certaine men , the open vse thereof neuerthelesse being otherwise without daunger . the verie nature of some rites and ceremonies therfore is scandalous , as it was in a number of those which the manichees did vse , and is in all such as the law of god doth forbid . some are offensiue only through the agreement of men to vse them vnto euill , and not else ; as the most of those thinges indifferent which the heathens did to the seruice of their false gods ; which an other in heart condemning their idolatrie , could not doe with them in shew and token of approbation , without being guiltie of scandall giuen . ceremonies of this kinde are either deuised at the first vnto euill ; as the eunomian heretiques in dishonour of the blessed trinitie , brought in the laying on of water but once , to crosse the custom of the church , which in baptisme did it thrise : or else hauing had a profitable vse , they are afterwards interpreted and wrested to the contrarie ; as those heretiques which held the trinitie to be three distinct not persons but natures , abused the ceremonie of three times laying on water in baptisme vnto the strengthning of their heresie . the element of water is in baptisme necessarie : once to lay it on or twice is indifferent . for which cause gregorie making mention thereof , sayth ; to diue an infant either thrice or but once in baptisme , can be no way a thing reproueable ; seeing that both in three times washing , the trinitie of persons ; and in one , the vnitie of godhead may be signified . so that of these two ceremonies , neither being hurtfull in it selfe , both may serue vnto good purpose ; yet one was deuised , and the other conuerted vnto euill . now whereas in the church of rome certaine ceremonies are said to haue bene shamefully abused vnto euill , as the ceremonie of crossing at baptisme , of kneeling at the eucharist , of vsing wafer-cakes , and such like ; the question is , whether for remedie of that euill wherein such ceremonies haue bene scandalous , and perhaps may be still vnto some euen amongst our selues , whome the presence and sight of them may confirme in that former error whereto they serued in times past , they are of necessitie to be remoued . are these or any other ceremonies wee haue common with the church of rome , scandalous and wicked in their verie nature ? this no man obiecteth . are any such , as haue bene polluted from their verie birth , and instituted euen at the first vnto that thing which is euill ? that which hath bene ordeyned impiously at the first , may weare out that impietie in tract of time ; and then what doth let , but that the vse thereof may stand without offence . the names of our monethes and of our dayes , wee are not ignorant from whence they came , and with what dishonour vnto god they are said to haue bene deuised at the first . what could be spoken against any thing more effectuall to stirre hatred , then that which sometime the auncient fathers in this case speake ? yet those very names are at this day in vse throughout christendome , without hurt or scandall to any . cleare and manifest it is ; that thinges deuised by heretiques , yea deuised of a very hereticall purpose euen against religion , and at their first deuising worthy to haue bene withstood , may in time growe meete to be kept ; as that custome the inuentors wherof were the eunomian heretiques . so that customes once established and confirmed by long vse , being presently without harme , are not in regard of their corrupt originall to be held scandalous . but cōcerning those our ceremonies , which they reckon for most popish , they are not able to auouch that any of them was otherwise instituted ; thē vnto good , yea so vsed at the first . it followeth then that they all are such , as hauing serued to good purpose , were afterward conuerted vnto the contrary . and sith it is not so much as obiected against vs , that we reteine together with them the euil , wherwith they haue bin infected in the church of rome ; i would demand who they are whom we scandalize , by vsing harmles things vnto that good end for which they were first instituted . amongst our selues that agree in the approbation of this kinde of good vse , no man wil say that one of vs is offensiue and scandalous vnto another . as for the fauorers of the church of rome , they know how far we herein differ & dissent frō them ; which thing neither we conceale ; & they by their publike writings also professe daily how much it grieueth them ; so that of thē there will not many rise vp against vs , as witnesses vnto the inditement of scandal , whereby we might be cōdemned & cast , as hauing strengthned thē in that euil wherwith they pollute themselues in the vse of the same ceremonies . and concerning such as withstād the church of england herein , & hate it because it doth not sufficiently seeme to hate rome , they ( i hope are far enough frō being by this meane drawne to any kind of popish error . the multitude therfore of them , vnto whom we are scādalous through the vse of abused ceremonies , is not so apparēt , that it can iustly be said in general of any one sort of mē or other , we cause thē to offend . if it be so that now or thē some few are espied , who hauing bin accustomed heretofore to the rites & ceremonies of the church of rome , are not so scowred of their former rust , as to forsake their auncient perswasiō which they haue had , howsoeuer they frame thēselues to outward obedience of laws & orders : because such may misconster the meaning of our ceremonies , and so take thē as though they were in euery sort the same they haue bin , shal this be thought a reason sufficiēt wheron to cōclude , that some law must necessarily be made to abolish al such ceremonies ? they answer that there is no law of god which doth bind vs to reteine thē . and s. pauls rule is , that in those things frō which without hurt we may lawfully absteine , we should frame the vsage of our libertie with regard to the weakenes and imbecillitie of our brethren . wherefore vnto them which stood vpon their owne defence , saying , all things are lawfull vnto me ; he replyeth , but all things are not expedient in regard of others . all things are cleane , all meates are lawfull ; but euill vnto that man that eateth offensiuely . if for thy meates ●ake thy brother bee grieued , thou walkest no longer according to charitie . destroy not him with thy meate for whome christ dyed . dissolue not for foodes sake the worke of god. wee that are strong , must beare the imbecillities of the impotent , and not please our selues . it was a weakenesse in the christian iewes , and a maime of iudgement in them , that they thought the gentiles polluted by the eating of those meates , which themselues were afraid to touch for feare of transgressing the lawe of moses ; yea hereat their hearts did so much rise , that the apostle had iust cause to feare , least they would rather forsake christianitie , then endure any fellowship with such , as made no cōscience of that which was vnto them abhominable . and for this cause mention is made of destroying the weake by meates , and of dissoluing the work of god , which was his church , a part of the liuing stones whereof were beleeuing iewes . now those weake brethren before mentioned are said to be as the iewes were , and our ceremonies which haue bene abused in the church of rome , to be as the scandalous meates from which the gentiles are exhorted to abstaine in the presence of iewes , for feare of auerting them from christian faith . therefore as charitie did bind them to refraine frō that for their brethrens sake , which otherwise was lawfull enough for them ; so it bindeth vs for our brethrens sake likewise to abolish such ceremonies , although we might lawfully else retaine them . but betweene these two cases there are great oddes . for neither are our weake brethren as the iewes , nor the ceremonies which we vse as the meates which the gentiles vsed . the iewes were knowne to be generally weake in that respect ; whereas contrariwise the imbecillitie of ours is not common vnto so many , that we can take any such certaine notice of them . it is a chance if here and there some one be found ; and therefore seeing we may presume men commonly otherwise , there is no necessitie that our practise should frame it selfe by that which th' apostle doth prescribe to the gentiles . againe their vse of meates was not like vnto our of ceremonies ; that being a matter of priuate action in common life , where euery man was free to order that which himselfe did ; but this a publike constitution for the ordering of the church : and we are not to looke that the church should change her publique lawes and ordinances , made according to that which is iudged ordinarily and commonly fittest for the whole , although it chance that for some particular men the same be found incōuenient ; especially whē there may be other remedy also against the sores of particular inconueniences . in this case therefore where any priuate harme doth growe , we are not to reiect instruction , as being an vnmeete plaster to apply vnto it ; neither can wee say that hee which appointeth teachers for phisitians in this kind of euill , is as if a man would set one to watch a childe all day long least he should hurt himselfe with a knife , whereas by taking away the knife from him , the daunger is auoyded , and the seruice of the man better imployed . for a knife may be taken away from a childe , without depriuing them of the benefite thereof which haue yeares and discretion to vse it . but the ceremonies which children doe abuse , if we remoue quite and cleane , as it is by some required that wee should ; then are they not taken from children onely , but from others also ; which is as though because children may perhaps hurt themselues with kniues , wee should conclude that therefore the vse of kniues is to bee taken quite and cleane euen from men also . those particular ceremonies which they pretend to be so scandalous , we shall in the next booke haue occasion more throughly to sift , where other things also traduced in the publike duties of the church whereunto each of these appertaineth , are together with these to be touched , and such reasons to be examined as haue at any time beene brought either against the one or the other . in the meane while against the conueniencie of curing such euils by instructiō , strange it is that they should obiect the multitude of other necessary matters , wherin preachers may better bestow their time , then in giuing men warning not to abuse ceremonies ; a wonder it is that they should obiect this , which haue so many yeares together troubled the church with quarels concerning these things , and are euen to this very houre so earnest in them , that if they write or speake publiquely but fiue words , one of them is lightly about the dangerous estate of the church of england in respect of abused ceremonies . how much happier had it bene for this whole church , if they which haue raised contention therein about the abuse of rites and ceremonies , had considered in due time that there is indeede store of matters fitter and better a great deale for teachers to spend time and labour in ? it is through their importunate and vehement asseuerations , more then through any such experience which we haue had of our owne , that we are forced to thinke it possible for one or other now and then , at leastwise in the prime of the reformation of our church , to haue stumbled at some kinde of ceremonies . wherein for as much as we are contented to take this vpon their credite , and to thinke it may be ; sith also they further pretend the same to be so dangerous a snare to their soules , that are at any time taken therein ; they must giue our teachers leaue for the sauing of those soules ( bee they neuer so fewe ) to intermingle sometime with other more necessary thinges , admonition concerning these not vnnecessarie . wherein they should in reason more easily yeelde this leaue , considering that hereunto we shall not neede to vse the hundreth part of that time , which themselues thinke very needefull to bestowe in making most bitter inuectiues against the ceremonies of the church . but to come to the last point of all , the church of england is grieuously charged with forgetfulnesse of her dutie , which dutie had bene to frame her selfe vnto the patterne of their example , that went before her in the worke of reformation . for as the churches of christ ought to be most vnlike the synagogue of antichrist in their indifferent ceremonies ; so they ought to be most like one vnto an other , and for preseruation of vnitie to haue as much as possible may be all the same ceremonies . and therefore s. paul to establish this order in the church of corinth , that they should make their gatherings for the poore vpon the first day of the saboth ( which is our sunday ) alleageth this for a reason , that he had so ordained in other churches . againe , as children of one father and seruants of one family , so all churches should not only haue one dyet in that they haue one word , but also weare as it were one liuerie in vsing the same ceremonies . thirdly , this rule did the great councell of nice follow , when it ordained , that where certaine at the feast of pentecoste did pray kneeling , they should pray standing ; the reason whereof is added , which is , that one custome ought to be kept throughout all churches . it is true that the diuersitie of ceremonies ought not to cause the churches to dissent one with another ; but yet it maketh most to thauoyding of dissention , that there be amongst them an vnitie , not onely in doctrine , but also in ceremonies . and therefore our forme of seruice is to be amended , not onely for that it commeth too neare that of the papistes , but also because it is so different from that of the reformed churches . beeing asked to what churches ours should conforme it selfe , and why other reformed churches should not as well frame themselues to ours ; their answere is , that if there be any ceremonies which wee haue better then others , they ought to frame themselues to vs ; if they haue better then we , then we ought to frame our selues to them ; if the ceremonies be alike commodious , the later churches should conforme themselues to the first , as the younger daughter to the elder . for as s. paul in the members , where all other things are equal , noteth it for a marke of honor aboue the rest , that one is called before another to the gospell ; so is it for the same cause amongest the churches . and in this respect he pincheth the corinthes , that not being the first which receiued the gospell , yet they would haue their seuerall maners from other churches . moreouer where the ceremonies are alike commodious , the fewer ought to conforme themselues vnto the moe . for as much therefore as all the churches ( so farre as they know which pleade after this manner ) of our confession in doctrine , agree in the abrogation of diuers things which we reteine ; our churches ought either to shew that they haue done euill , or else she is found to be in fault that doth not conforme her selfe in that , which she cannot denie to be well abrogated . in this axiome that preseruation of peace and vnitie amongst christian churches should be by al good meanes procured , we ioyne most willingly and gladly with them . neither denie we but that to th' auoyding of dissention it auaileth much , that there be amongst thē an vnitie as well in ceremonies as in doctrine . the only doubt is about the manner of their vnitie , how far churches are bound to be vniforme in their ceremonies , & what way they ought to take for that purpose . touching the one , the rule which they haue set down is ; that in ceremonies in differēt all churches ought to be one of them vnto another as like as possibly they may be . whcih possibly we cannot otherwise conster , thē that it doth require them to be euen as like as they may be , without breaking any positiue ordinance of god. for the ceremonies wherof we speake being matter of positiue law ; they are indifferent , if god haue neither himselfe cōmanded nor forbidden thē , but left thē vnto the churches discretion . so that if as great vniformitie bee required as is possible in these things , seeing that the law of god forbiddeth not any one of thē ; it followeth , that from the greatest vnto the least they must be in euery christian church the same , except meere impossibilitie of so hauing it be the hinderāce . to vs this opinion seemeth ouer extreame & violent : wee rather incline to thinke it a iust and reasonable cause for any church , the state whereof is free and independent , if in these things it differ from other churches , only for that it doth not iudge it so fit & expedient to be framed therin by the patterne of their example , as to bee otherwise framed then they . that of gregorie vnto leander is a charitable speech and a peaceable ; in vnâ fide nil officit ecclesiae sanctae consuetudo diuersa , where the faith of the holy church is one , a difference in customes of the church doth no harme . that of s. augustine to cassulanus is somewhat more particular , and toucheth what kinde of ceremonies they are , wherein one church may vary from the example of an other without hurt ; let the faith of the whole church how wide so euer it haue spred it selfe be alwaies one , although the vnitie of beliefe be famous for varietie of certain ordinances , wherby that which is rightly beleeued suffereth no kind of let or impediment . caluin goeth further , as concerning rites in particular let the sentence of augustine take place , which leaueth it free , vnto all churches to receiue their owne custome . yea sometime it profiteth and is expedient that there be difference , least men should thinke that religion is tyed to outward ceremonies . alwayes prouided that there be not any emulation , nor that churches delighted with noueltie affect to haue that which others haue not . they which graunt it true that the diuersitie of ceremonies in this kind ought not to cause dissention in churches , must eyther acknowledge that they graunt in effect nothing by these words ; or if any thing be granted , there must as much be yeelded vnto , as we affirme against their former strict assertion . for if churches be vrged by way of dutie to take such ceremonies as they like not of ; how can dissention be auoyded ? will they say that there ought to be no dissention , because such as are vrged ought to like of that whereunto they are vrged ? if they say this , they say iust nothing . for how should any church like to be vrged of dutie , by such as haue no authoritie or power ouer it , vnto those things which being indifferent it is not of dutie bound vnto them ? is it their meaning , that there ought to be no dissention , because that which churches are not bound vnto , no man ought by way of dutie to vrge vpon them ; and if any man doe , he standeth in the sight both of god and men most iustly blameable , as a needelesse disturber of the peace of gods church , & an author of dissention ? in saying this they both condemne their owne practise , when they presse the church of england with so strict a bond of dutie in these thinges , and they ouerthrowe the ground of their practise , which is that there ought to bee in all kinde of ceremonies vniformitie , vnlesse impossibilitie hinder it . for proofe whereof it is not enough to alleage what s. paul did about the matter of collections , or what noble-men doe in the liueries of their seruants , or what the councell of nice did for standing in time of prayer on certain daies : because though s. paule did will them of the church of cori●th , euery man to lay vp somewhat by him vpon the sunday , and to reserue it in store , till himselfe did come thither to send it vnto the church of ierusalem for reliefe of the poore there ; signifying withall that he had taken the like order with the churches of galatia ; yet the reason which hee yeeldeth of this order taken both in the one place and the other , sheweth the least part of his meaning to haue bene that , whereunto his wordes are writhed . concerning collection for the saintes , ( hee meaneth them of ierusalem ) as i haue giuen order to the church of galatia , so likewise doe ye , ( saith the apostle ) that is , in euery first of the weeke let each of you lay aside by himselfe , and reserue according to that which god hath blessed him with , that when i come collections be not then to make ; and that when i am come , whom you shall choose , them i may forthwith sende away by letters to carrie your beneficence vnto ierusalem . out of which word● to conclude the dutie of vniformitie throughout all churches in all manner of indifferent ceremonies will bee very hard , and therefore best to giue it ouer . but perhaps they are by so much the more loth to forsake this argument , for that it hath , though nothing else , yet the name of scripture , to giue it some kinde of countenance more then the next of liuerie coates affordeth them . for neither is it any man● dutie to cloth all his children or all his seruants with one weede ; nor theirs to cloath themselues so , if it were left to their owne iudgements , as these ceremonies are l●ft of god to the iudgement of the church . and seeing churches are rather in this case like diuerse families ; then like diuers seruants of one family ; because euery church , the state whereof is independent vpon any other , hath authoritie to appoint orders for it selfe in thinges indifferent ; therefore of the two we may rather inferre , that as one familie is not abridged of libertie to be clothed in fryers gray , for that an other doth weare clay-colour ; so neither are all churches bound to the selfe same indifferent ceremonies which it liketh sundry to vse . as for that canon in the councell of nice , let them but read it and waigh it well . the auncient vse of the church throughout all christendome was , for fiftie dayes after easter ( which fifty dayes were called pentecost , though most commonly the last day of them which is whitsunday be so called ) in like sort on all the sundayes throughout the whole yeare their manner was to stand at praier , whereupon their meetinges vnto that purpose on those dayes had the name of stations giuen them . of which custome tertullian speaketh in this wise ; it is not with vs thought sit either to fast on the lordes day , or to pray kneeling . the same immunitie from fasting and kneeling we keepe all the time which is betweene the feasts of easter and pentecost . this being therefore and order generally receiued in the church ; when some began to be singular and different from all others , and that in a ceremonie which was then iudged very conuenient for the whole church euen by the whole , those fewe excepted which brake out of the common pale : the councell of nice thought good to inclose them againe with the rest , by a lawe made in this sort : because there are certaine which will needs kneele at the time of praier on the lordes day , and in the fiftie dayes after easter , the holy synode iudging it meet that a conuenient custome be obserued throughout all churches , hath decreed that standing wee make our praiers to the lord. whereby it plainely appeareth that in things indifferent , what the whole church doth thinke conuenient for the whole , the same if any part doe wilfully violate , it may be reformed and inrayled againe by that generall authority whereunto ech particular is subiect , and that the spirit of singularitie in a few ought to giue place vnto publike iudgement ; this doth clearely enough appeare : but not that all christian churches are bound in euery indifferent ceremonie to be vniforme ; because where the whole hath not tyed the parts vnto one and the same thing , they being therein left each to their owne choyce , may either do as other do or else otherwise , without any breach of dutie at all . concerning those indifferent thinges , wherein it hath beene heretofore thought good that all christian churches , should bee vniforme , the way which they now conceiue to bring this to passe was then neuer thought on . for till now it hath bene iudged , that seeing the lawe of god doth not prescribe all particular ceremonies which the church of christ may vse , and in so great varietie of them as may be found out , it is not possible that the lawe of nature and reason should direct all churches vnto the same thinges ; each deliberating by it selfe what is most conuenient : the way to establish the same things indifferent throughout them all , must needs be the iudgement of some iudiciall authoritie drawne into one onely sentence , which may be a rule for euery particular to follow . and because such authoritie ouer all churches , is too much to be granted vnto any one mortall man ; there yet remaineth that which hath bene alwayes followed , as the best , the safest , the most sincere and reasonable way , namely the verdict of the whole church orderly taken , and set downe in the assembly of some generall councell . but to maintaine that all christian churches ought for vnities sake to be vniforme in all ceremonies , & then to teach that the way of bringing this to passe must be by mutuall imitation , so that where we haue better ceremonies then others they shall bee bound to followe vs , and we them where theirs are better ; how should we thinke it agreeable and consonant vnto reason ? for sith in things of this nature there is such varietie of particular inducements , whereby one church may be led to thinke that better , which another church led by other inducements iudgeth to be worse : ( for example , the east church did thinke it better to keepe easter day after the manner of the iewes , the west church better to do otherwise ; the greeke church iudgeth it worse to vse vnleauened bread in the eucharist , the latine church leauened ; one church esteemeth it not so good to receiue the eucharist sitting as stāding , another church not so good standing as sitting ; there being on the one side probable motiues as well as on the other : ) vnlesse they adde somewhat else to define more certainely what ceremonies shall stand for best , in such sort that all churches in the world shall know them to be the best , and so know them that there may not remaine any question about this point ; we are not a whit the neerer for that they haue hitherto said . they themselues although resolued in their owne iudgements what ceremonies are best , the foreseeing that such as they are addicted vnto , be not all so clearely and so incomparably best , but others there are or may be at least wise when all things are well considered as good , knewe not which way smoothly to rid their hands of this matter , without prouiding some more certaine rule to be followed for establishment of vniformitie in ceremonies , when there are diuerse kinds of equall goodnesse ; and therefore in this case they say , that the later churches & the fewer should conforme themselues vnto the elder and the mo . hereupon they conclude , that for as much as all the reformed churches ( so farre as they know ) which are of our confession in doctrine , haue agreed already in the abrogation of diuerse things which we reteine : our church ought either to shew that they haue done euill , or else she is found to be in fault for not conforming her selfe to those churches , in that which she cannot deny to be in them well abrogated . for the authoritie of the first churches , ( and those they accompt to be the first in this cause which were first reformed ) they bring the comparison of younger daughters conforming themselues in attire to the example of their elder sisters ; wherein there is iust as much strength of reason as in the liuery coates before mentioned . s. paul they say , noteth it for a marke of speciall honor , that epaenetus was the first man in all achaia which did embrace the christian faith ; after the same sort he toucheth it also as a speciall preeminence of iunias and andronicus , that in christianity they were his auncients ; the corinthians he pincheth with this demaund , hath the word of god gone out from you , or hath it lighted on you alone ? but what of all this ▪ if any man should thinke that alacrity & forwardnes in good things doth adde nothing vnto mens commendation ; the two former speeches of s. paule might leade him to reforme his iudgement . in like sort to take downe the stomacke of proud conceited men , that glorie as though they were able to set all others to schoole , there can be nothing more fit then some such words as the apostles third sentence doth containe ; wherein he teacheth the church of corinth to know , that there was no such great oddes betweene them and the rest of their brethren , that they should thinke themselues to be gold and the rest to be but copper . he therefore vseth speech vnto them to this effect : men instructed in the knowledge of iesus christ there both were before you , and are besides you in the word ▪ ye neither are the fountaine from which first , nor yet the riuer into which alone the word hath flowed . but although as epaenetus was the first man in all achaia , so corinth had bene the first church in the whole world that receiued christ : the apostle doth not shew that in any kind of things in different whatsoeuer , this should haue made their example a law vnto all others . indeed the example of sundry churches for approbation of one thing doth sway much ; but yet still as hauing the force of an example onely , and not of a lawe . they are effectuall to moue any church , vnlesse some greater thing do hinder ; but they bind none ▪ no not though they be many ; sauing onely when they are the maior part of a generall assembly , and then their voyces being moe in number must ouersway their iudgements who are fewer , because in such cases the greater halfe is the whole . but as they stand out single each of them by it selfe , their number can purchase them no such authority , that the rest of the churches being fewer should be therefore bound to follow them , and to relinquish as good ceremonies as theirs for theirs . whereas therefore it is concluded out of these so weake premisses , that the reteining of diuerse things in the church of england , which other reformed churches haue cast out , must needs argue that we do not well ▪ vnlesse we can shewe that they haue done ill ; what needed this wrest to draw out from vs an accusation of forraine churches ? it is not proued as yet that if they haue done well , our duty is to followe them , and to forsake our owne course , because it different from theirs , although indeed it be as well for vs euery way , as theirs for them . and if the proofes alleaged for conformation hereof had bene ●ound , yet seeing they leade no further then onely to shew , that where we can haue no better ceremonies theirs must be taken ; as they cannot with modesty thinke themselues to haue found out absolutely the best which the wit of men may deuise , so liking their owne somewhat better then other mens , euen because they are their owne , they must in equitie allow vs to be like vnto them in this affection ; which if they do , they case vs of that vncourteou● burden ▪ whereby we are charged either to condemne them , or else to followe them . they graunt we need not followe them , if our owne wayes already be better . and if our owne be but equall , the law of common indulgence alloweth vs to thinke them at the least halfe a thought the better because they are our owne ; which we may very well do , and neuer drawe any inditement at all against theirs , but thinke commendably euen of them also . to leaue reformed churches therefore & their actions for him to iudge of , in whose sight , they are as they are , and our desire is that they may euen in his sight be found such , as we ought to endeuour by all meanes that our owne may likewise be : somewhat we are inforced to speake by way of simple declaration , concerning the proceedings of the church of england in these affaires ▪ to the end that men whose minds are free from those partiall , cōstructions , wherby the only name of difference frō some other churches is thought cause sufficient to condēne ours , may the better discerne whether that we haue done be reasonable , yea or no. the church of englād being to alter her receiued laws cōcerning such orders , rites and ceremonies , as had bene in former times an hinderance vnto pietie and religious seruice of god , was to enter into consideration first , that the change of lawes , especially concerning matter of religion , must be warily proceeded in . lawes , as all other things humaine , are many times full of imperfection , and that which is supposed behoofefull vnto men , proueth often-times most pernicious . the wisedome which is learned by tract of time , findeth the lawes that haue bene in former ages establisht , needfull in later to be abrogated . besides that which sometime is expedient , doth not alwaies so continue : and the number of needlesse lawes vnabolisht , doth weaken the force of them that are necessarie . but true withall it is , that alteration though it be from worse to better hath in it inconueniences and those waighty ; vnlesse it be in such laws as haue bene made vpon special occasions , which occasions ceasing , laws of that kind do abrogate themselues . but when we abrogate a law as being ill made , the whole cause for which it was made still remaining ; do we not herein reuoke our very owne deed , and vpbraid our selues with folly , yea all that were makers of it with ouer sight and with error ? further if it be a law which the custome & continuall practise of many ages or yeares hath confirmed in the minds of men , to alter it must needs be troublesome and scandalous . it amazeth them , it causeth thē to stand in doubt , whether any thing be in it selfe by nature either good or euil , & not al things rather such as men at this or that time agree to accōpt of them , whē they behold euen those things disproued , disanulled , reiected , which vse had made in a maner naturall . what haue we to induce mē vnto the willing obedience & obseruation of lawes , but the waight of so many mēs iudgement , as haue with deliberate aduise assented thereunto ; the waight of that long experience , which the world hath had thereof with consent & good liking ? so that to change any such law , must needs with the common sort impaire and weaken the force of those grounds , whereby all lawes are made effectual . notwithstanding we do not deny alteration of laws to be sometimes a thing necessary ; as when they are vnnatural , or impious , or otherwise hurtfull vnto the publique community of mē , and against that good for which humaine societies were instituted . when the apostles of our lord & sauiour were ordained to alter the lawes of heathnish religion receiued throughout the whole world ; chosen i grant they were ( paule excepted ) the rest ignorant , poore , simple , vnschooled altogether and vnlettered men ; howbeit extraordinarilie indued with ghostly wisedome from aboue before they euer vndertooke this enterprise , yea their authoritie confirmed by miracle ; to the end it might plainely appeare that they were the lords ambassadours , vnto whose soueraigne power for all flesh to stoope , for all the kingdomes of the earth to yeeld themselues willingly conformable in whatsoeuer should be required , it was their duty . in this case therefore their oppositions in maintenance of publique superstition against apostolique endeuours , as that they might not condemne the wayes of their ancient predecessors , that they must keepe religiones traditas , the rites which frō age to age had descended , that the ceremonies of religion had beene euer accompted by so much holier as elder , these and the like allegations in this case were vaine & friuolous . not to stay longer therefore in speech concerning this point , we will conclude , that as the change of such lawes as haue bene specified is necessary , so the euidence that they are such must be great . if we haue neither voice frō heauen that so pronounceth of them ; neither sentence of men grounded vpon such manifest and cleare proofe , that they in whose hands it is to alter them may likewise infallibly euen in hart & conscience iudge them so ; vpon necessitie to vrge alteration is to trouble and disturbe without necessitie . as for arbitrary alterations , when laws in themselues not simply bad or vnmeet are changed for better and more expedient ; if the benefit of that which is newly better deuised be but small , sith the custome of easinesse to alter and change is so euill , no doubt but to beare a tolerable soare is better then to venter on a dangerous remedy . which being generally thought vpon , as a matter that touched neerly their whole enterprise ; whereas change was notwithstanding concluded necessary , in regard of the great hurt which the church did receiue by a number of things then in vse , whereupon a great deale of that which had bene was now to be taken away and remoued out of the church ; yeat sith there are diuerse waies of abrogating things established , they saw it best to cut off presently such things , as might in that sort be extinguished without danger , leauing the rest to be abolished by disusage through tract of time . and as this was done for the manner of abrogation : so touching the stint or measure thereof , rites & ceremonies and other externall things of like nature being hurtfull vnto the church , either in respect of their quality , or in regard of their nūber ; in the former there could be no doubt or difficulty what should be done , their deliberation in the later was more hard . and therefore in as much as they did resolue to remoue only such things of that kind as the church might best spare , reteining the residue ; their whole counsell is in this point vtterly cōdemned , as hauing either proceeded from the blindnes of those times , or from negligence , or from desire of honour and glory , or from an erroneous opinion that such things might be tollerated for a while , or if it did proceed ( as they which would seeme most fauourable are content to thinke it possible ) from a purpose partly the easilier to draw papists vnto the gospell , by keeping so many orders stil the same with theirs , and partly to redeeme peace therby , the breach wherof they might feare would insue vpon more thorow alteration , or howsoeuer it came to passe ; the thing they did is iudged euill . but such is the lot of all that deale in publique affaires whether of church or cōmonwealth , that which men list to surmise of their doings be it good or ill , they must before hand patiently arme their minds to indure . wherefore to let go priuate surmises , whereby the thing in it selfe is not made either better or worse ; if iust and allowable reasons might leade thē to do as they did , then are these censures al frustrate . touching ceremonies harmelesse therfore in thēselues , & hurtful onely in respect of number : was it amisse to decree , that those things which were least needfull & newliest come should be the first that were taken away , as in the abrogating of a nūber of saints daies and of other the like customes it appeareth they did , till afterwards the forme of common prayer being perfited , articles of sound religion and discipline agreed vpon , catechismes framed for the needfull instruction of youth , churches purged of things that indeed were burthensome to the people , or to the simple offensiue and scandalous , all was brought at the length vnto that wherein now we stand ? or was it amisse , that hauing this way eased the church as they thought of superfluitie , they went not on till they had pluckt vp euen those things also , which had taken a great deale stronger and deeper roote ; those things which to abrogate without constraint of manifest harme thereby arising , had bene to alter vnnecessarily ( in their iudgements ) the auncient receiued custome of the whole church , the vniuersall practise of the people of god , and those very decrees of our fathers , which were not only set downe by agreement of generall councels , but had accordingly bin put in vre and so continued in vse till that very time present ? true it is that neither councels nor customes , be they neuer so ancient and so generall , can let the church from taking away that thing which is hurtfull to be retained . where things haue bene instituted , which being conuenient and good at the first , do afterwards in processe of time waxe otherwise ; we make no doubt but they may be altered , yea though councels or customes generall haue receiued them . and therfore it is but a needles kind of opposition which they make who thus dispute , if in those things which are not expressed in the scripture , that is to be obserued of the church , which is the custome of the people of god and decree of our forefathers ; then how can these things at any time be varied , which heretofore haue bene once ordained in such sort ? whereto we say , that things so ordained are to be kept , howbeit not necessarily any longer , then till there grow some vrgent cause to ordaine the contrary . for there is not any positiue law of men , whether it be generall or particular , receiued by formall expresse consent , as in councels ; or by secret approbation , as in customes it commeth to passe , but the same may be taken away it occasion serue . euen as we all know , that many things generally kept heretofore , are now in like sort generally vnkept and abolished euery where . notwithstanding till such things be abolished , what exception can there be taken against the iudgement of s. augustine , who saith , that of things harmelesse whatsoeuer there is , which the whole church doth obserue throughout the world ; to argue for any mans immunitie from obseruing the same , it were a point of most insolent madnes . and surely odious it must needs haue bene for one christian church , to abolish that which all had receiued and held for the space of many ages , & that without any detriment vnto religion so manifest and so great , as might in the eyes of vnpartiall men appeare sufficient to cleare thē from all blame of rash & inconsiderate proceeding , if in feruour of zeale they had remoued such things . whereas contrariwise so reasonable moderation herein vsed , hath freed vs from being deseruedly subiect vnto that bitter kind of obloquie , wherby as the church of rome doth vnder the colour of loue towards those things which be harmelesse , maintaine extremely most hurtfull corruptions ; so we peraduenture might be vpbraided , that vnder colour of hatred towards those things that are corrupt , we are on the other side as extreme , euen againts most harmelesse ordinances . and as they are obstinate to retaine that , which no man of any conscience is able wel to defend : so we might be reckoned fierce and violent , to teare away that , which if our owne mouthes did condemne , our consciences would storme and repine thereat . the romanes hauing banished tarquinius the proud , and taken a sollemne oath that they neuer would permit any man more to raigne , could not herewith content themselues , or thinke that tyrannie was throughly extinguished , till they had driuen one of their consuls to depart the citie , against whom they found not in the world what to obiect , sauing onely that his name was tarquine , and that the common-wealth could not seeme to haue recouered perfect freedome , as long as a man of so daungerous a name was left remaining . for the church of england to haue done the like , in casting out of papall tyranny and superstition ; to haue shewed greater willingnes of accepting the very ceremonies of the turke christs professed enemie , then of the most indifferent things which the church of rome approueth ; to haue left not so much as the names which the church of rome doth giue vnto things innocent ; to haue eiected whatsoeuer that church doth make accompt of , be it neuer so harmelesse in it selfe , and of neuer so auncient continuance , without any other crime to charge it with , then onely that it hath bene the hap thereof to be vsed by the church of rome ; and not to be commanded in the word of god ; this kind of proceeding might happily haue pleased some fewe men , who hauing begun such a course themselues , must needs be glad to see their example followed by vs. but the almightie which giueth wisedome and inspireth with right vnderstanding whō soeuer it pleaseth him , he foreseeing that which mans wit had neuer bene able to reach vnto , namely what tragedies the attempt of so extreme alteration would raise in some parts of the christian world , did for the endlesse good of his church ( as we cannot chuse but interpret it ) vse the bridle of his prouident restraining hand , to stay those eager affections in some , and to settle their resolution vpon a course more calme and moderate ; least as in other most ample and heretofore most flourishing dominions it hath since fallen out , so likewise if in ours it had come to passe , that the aduerse part being enraged , and betaking it selfe to such practises as men are commonly wont to embrace , when they behold things brought to desperate extremities , and no hope left to see any other end , then onely the vtter oppression and cleane extinguishment of one side ; by this meane christendome flaming in all parts of greatest importance at once , they all had wanted that comfort of mutuall reliefe , wherby they are now for the time susteined , ( and not the least by this our church which they so much impeach ) till mutuall combustious bloudsheads and wastes ( because no other inducement will serue ) may enforce them through very faintnesse , after the experience of so endlesse miseries , to enter on all sides at the length into some such consultation , as may tend to the best reestablishment of the whole church of iesus christ. to the singular good whereof it cannot but serue as a profitable direction , to teach men what is most likely to proue auaileable , when they shall quietly consider the triall that hath bene thus long had of both kinds of reformation , as well this moderate kind which the church of england hath taken , as that other more extreme and rigorous which certaine churches elsewhere haue better liked . in the meane while it may be , that suspence of iudgement and exercise of charity were safer and seemelier for christian men , then the hote pursute of these controuersies , wherein they that are most feruent to dispute , be not alwayes the most able to determine . but who are on his side and who against him , our lord in his good time shall reueale . and sith thus farre we haue proceeded in opening the things that haue beene done , let not the principall doers themselues be forgotten . when the ruines of the house of god ( that house which cōsisting of religious soules is most immediatly the pretious temple of the holy ghost ) were become not in his sight alone , but in the eyes of the whole world so exceeding great , that very superstition began euen to feele itselfe too farre growne : the first that with vs made way to repaire the decayes thereof by beheading superstition , was king henry the eight . the sonne and successour of which famous king as we know was edward the saint : in whom ( for so by the euent wee may gather ) it pleased god righteous and iust to let england see , what a blessing sinne and iniquitie would not suffer it to enioy . howbeit that which the wise man hath sayde concerning enoch ( whose dayes were though many in respect of ours , yet scarse as three to nine in comparison of theirs with whome hee liued ) the same to that admirable child most worthily may be applyed , though he departed this worlde soone , yet fulfilled he much time . but what ensued ? that worke , which the one in such sort had begun , and the other so farre proceeded in , was in short space so ouerthrowne , as if almost it had neuer bene : till such time as that god , whose property is to shew his mercies then greatest when they are neerest to be vtterly despaired of , caused in the depth of discomfort and darknes a most glorious starre to arise , and on her head setled the crowne , whome him selfe had kept as a lambe from the slaughter of those bloudie times , that the experience of his goodnes in her own deliuerance , might cause her mercifull ▪ disposition to take so much the more delight in sauing others , whom the like necessity shold presse . what in this behalfe hath bene done towards nations abroad , the parts of christendome most afflicted can best testifie . that which especially concerneth our selues in the present matter we treate of , is the state of reformed religion , a thing at her comming to the crowne euen raised as it were by miracle from the dead , a thing which we so little hoped to see , that euen they which behelde it done , scarcely belieued their own senses at the first beholding . yet being then brought to passe , thus many years it hath continued , standing by no other worldly meane but that one only hand which erected it , that hand which as no kinde of imminent daunger could cause at the first to withholde it selfe , so neyther haue the practises so many so bloudie following since beene euer able to make wearie . nor can we say in this case so iustly , that aaron and hur the ecclesiasticall and ciuill states haue sustained the hand which did lift it selfe to heauen for them ; as that heauen it selfe hath by this hand sustained them , no ayde or helpe hauing thereunto bene ministred for performance of the worke of reformation , other then such kind of helpe or ayde as the angell in the prophet zacharie speaketh of , saying , neither by an armie nor strength , but by my spirit saith the lord of hostes. which grace and fauour of diuine assistance , hauing not in one thing or two shewed it self , nor for some few daies or yeares appeared , but in such sort so long continued , our manifold sinnes & transgressions striuing to the contrarie ; what can we lesse thereupon conclude , then that god would at leastwise by tract of time teach the world , that the thing which he blesseth , defendeth , keepeth , so strangely , cannot choose but be of him ? wherefore if any refuse to beleeue vs disputing for the veritie of religion established , let them beleeue god himselfe thus miraculouslie working for it , and wish life euen for euer and euer vnto that glorious and sacred instrument whereby he worketh . finis an aduertisement to the reader ▪ i haue for some causes , ( gentle reader ) thought it at this time , more fit to let goe these first foure bookes by themselues , then to stay both them and the rest , til the whole might together be published . such generalities of the cause in question as here are handled , it will be perhaps not amisse to consider apart , as by way of introduction vnto the bookes that are to follow concerning particulars . in the meane while thine helping hand must be craued , for the amendment of such faultes committed in printing , as ( omitting others of lesse moment ) i haue set downe . pag. line fault ▪ correction pag. line fault correction be ordained he ordained still stay if any of any it is for nothing it is not for nothing mar . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wash waste mar . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pretious should pretious body should mar . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meerenes neerenes manifest reason manifest law of reasō vrine vaine or that of that ma. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ase such are such do ( i doubt ) not presume , do ( i doubt not ) presume holy worke holy word mar . sticke strike seuerally seueraltie . worde world notes, typically marginal, from the original text notes for div a -e the cause and occasion of handling these things : and what might be wished in them for whose sakes so much paine is taken . ia. . . the first establishment of new discipline by m. caluins industry in the church of geneua : and the beginning of strife about it amongst our selues . epist. cal. . luc. . . an. d ▪ . ep. . quod eam vrbem videret omnino his frenis indigere . by what meanes so many of the people are trained into the liking of that discipline . . cor. , . . cor. ● , , luc. . ▪ . act , . . . rom. . . galen . de opt ▪ docen . ge● . mal . . greg. naz. orat . qua se ●●cusat . matth. . . mal. . . iud ver . ▪ . pet. . . cal. instit . li. . cap. . sect. the author of the petition directed to her maiestie p. . arist. metaph. lib. . cap. . ● . ioh. ● . ● . . thes. . . . tim. . . . iohn . . . . cor. ● . . act. . . sap. . . vve foole● thought his life madnes . m●rc . tris. ad asculap . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vide lactant. de ●ust●t . lib. ● . cap. august . ep●st . . vvhat hath c●used so many of the l●arne●er sort to approue the same disciplin● . t.c. lib. . p. euseb. . lib. lib. strom. somewhat after the beginning . lib. . c. . phil. . ● . a 〈…〉 ceremoniis atque f●ni● tantum sanctitatis tribuere cōsueuit quantum adstruxerit vetustatis . arno. p. . b rom. . . . cor . . . thes. . . . pet. . . in their meetings to serue god , their maner was in the end to salute one an other with a kisse , vsing these words ▪ peace be with you . for which cause tertull. doth call it sig●aculum orationis , the seale of prayer . lib. d● orat. c epist. iud. vers . . concerning which feasts , . chrysost . s●ith , stati● diebus mesas faciebant commune● , & peract● synaxi post sacramentorum cōmunionem inibāt conuiuium , diuiti●us quidemcibos afferēribus , pau peribus au●em & qu● ni●il habebant etiam vocati● ▪ in . cor. . hom . . of the same feasts in like sort tertull. coena nostra de n●mine rationsui oftendit . vocatur en●m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●d quod est penes graecos d●lectio . quantis cunq ▪ sumptibusconste● , lucrum est , ●etatis nomine fa●ere sumptum . apolog. c. . galen . clas . . lib. de cuiosque anim . peccat . notitia atque medela . petit. to the q ▪ m.p. . eccles. . . their calling for triall by disputation . no end of contention , without submission of both parts vnto some definitiue sentence . rom. ● . . deut. . . act . ●res . tract , 〈◊〉 excom . & presbyt . math. . ● ▪ t.c. li. ● . p. ▪ the matter contained in these eight bookes . how iust cause there is to feare the manifold dangerous euents likely to ensue vpon this intended reformation , if it did take place . . pet. . . psal. . . pref. against d. baner . matth. . . sap. . . eccl. . . humb. motion to the l l. p. . act. . . mumb. m●t. p. . counterp . p. . matth. ● . ● . guy de brés contre l'errent des anabapa . tistes . p. . p. . p. . p. . . . . p. . p. . luc. . . p. . p. . ier. . . p. . p. . . tim. . . p. . ● . p. . p. . p. . . p. . p. . p. . p. . p. . p. . p. ● . p. . p. . p. . p. ● . p. . p. . la●ant . de . iustit . lib. . cap. . p. . p. . . p. ● . p. . . p. . p. . p. . matt. . . exod. . . matt. in his ● . libel . p. . demonstr . in the praef . the conclusion of all . iob. . . greg. na● . in apol. notes for div a -e the cause of writing this generall discourse . of that lawe which god from before the beginning hath set for himselfe to do all things by . ioh. ● . . . . a iupiter● counsell was accomplished . b the creator made the whole world , not with hands , but by reason . stob in eclog. phys . c proceed by a certaine and a 〈◊〉 waie in the making of the world . ioh. . . gen. . . sap. . . sap. . . eph. . . phil. . . col. ● . . prou . . . ephe. . . rom. . . prou . ● . . rom. . . bor● . lib. ▪ des consol. philo● . tim. . . heb. . . the lawe which natural ag●nts haue giuen t●em to obserue , and their necessary maner of keeping it . a id omne quod in rebus creatis fit , est materia legis oeternae . th . . q . art ● . . nullo modo aliquid legibus summi creato ris ordinationique subtrahitur , a quo pax vniuersitatis administratur . august . de ciu . de● lib. . c. . immo & pece●tum , quatenus ● deo ●ustè permittitu● , cadit ●n legemaeter●am . e●●a●leg●aetern● sub●icitur peccatum ▪ quatenus voluntaria legis transgressio poenale quodd● incommodum animae ●●ser●t , ●uxta ill●d augustini , ius●isti d●mine & sic est , vt poe●ia su ●sib● sit omnis animus inordin●tus . co●fe● . lib . c. ● nec male sc●ola●t●ci . quemadmodum inquiunt videmus res naturales contingentes , hoc ipso quod à fine particular● suo atque adeu à lege aeternâ exor●itant , in candem legem ae ernam incidere , qu●t●nucons●q iu●tur alium fine ● à lege ●riam aeternâ ipsis in casu particulari consti●utum : sic verisimile e●t homines etiam cù n peccant & desciscunt à lege aeternâ ●●praecipiente , re neidere in ordinē aeternae legisvt punientis . psal . . . pheophr . in metaph. arist. rhet. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 act. . ● . a forme in other creatures , is a thing proportionable vnto the soule in liuing creatures . sensible it is not , nor otherwise discernable , then only by effects . according to the diuersitie of inward formes , things of the world are distinguished into their kindes . vide thom. in compend . theol , cap. . omne quod mouetur ab aliquo est quasi instrumentum quoddam primi mouentis . ridiculum est autem e●am apud indoctos ponere instrumentum moueri non ab aliquo principale agente . the law which angels doe worke by . psal. . . heb. . . eph. . . dan. . . matth. . . heb. . . luc. . . matth. . . matth. . . psal. . . . luc. . . heb. . . act. . . dan. . . matth. ● . ● . dan. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. metaph. . cap. . iob. . . math. . . psal . . . heb. . . esa. . . this is intimated wheresoeuer we finde them termed the sonnes of god : as iob. . . & . . ● . pet . . . ep. iud. ver . . psal . . . luk. . . matth ▪ . . psal . . . heb. . . apoc , . . ioh. . ▪ . pet . . . apoc. . . gen. . . . chr. , , iob. . , & , ioh. , , act. , , apoc. ● , . the law wherby man is in his actions directed to the imitation of god. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. de an . lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ari. . de cael . ca. . matth. . . sap. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mens first beginning to grow to the knowledge of that law which the● are to obserue . vide isa. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . merc. trism . aristot●li●all demonstration a●misty . of mans will which is the thing that lawes of action are made to guide . eph. . . salust . matth. . . deut. . . o mihi praeter●tos referat si iupiter annos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . paulo post ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a cin de doge ma● . pla● . a . cor. . . co●ruptible body is heauy vnto the soule and the earthly mansion keepeth down the min● that is ful of cares . and hardly can we discern the things that are vpō earth , & with great labor find we out the things which are before vs. vvho can then seeke out the things that are in heauen ? b luc. . ● . c math. . d sap . . eph. . . heb. ● . . . cor. . prou . . luc. . ● . of the natural way of finding out laws by reason , ●o guide ●he will vnto that which is good . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a●●st . de an . l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. rhet. . cap. . b non potest error contingere , vbi omnes idem opinantur . monticat . in . polit. quicquid in omnibus indiuiduis vniu●●peciei communiter inest , id cause● cōmunem habeat opo●tet , quaest eorum indiuiduorum species & natura . idem . quod à t●ta aliqua specie fit , vniuersali● particularisque naturae fit instinctu ficin . de . christ ▪ relig . si pro●icer● cupis , primo firmé id ve●um puta quod sanmen● omniū hominum attestatur . cusa . in compend . cap. . non li●er naturalé vniuersaléque hominum iudicium falsum van umque existima●e teles ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ a●ist . eth. . cap. . c rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theoph. i● metaph. ● . cor. . . matth. . . arist. polit. ● . cap. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . plat. in theaet . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist ▪ metop . lib. . cap. . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . plat. in tim. d arist. ethi ● . lib. . ca. vlt. e deut. . . f math. . ● . g quod quis in se approbat , in alio reprobare nō posse . ●an arenam c. de ino● . test . quod quisque iuris in alium sta●u●●it , ipsum quoque codem vti debere . l. quod quisque . ab omni penitu● iniu●●â atque vi . abstinendū . l. § . quod vi . autclam . matth. . . on these two commandements hangeth the whole law . gen. . . mar. . . act. . . act. . . ● . thes. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . soph. anti. th. . . q. . art . . omnia peccata sunt in vniuersum contra rationem & naturae legem . aug. de ciu . dei . lib. . ●ap . . omne vitium naturae noc●t , ac per hoc contra naturam est . de doctr . christ. lib. . cap. . psal. . . sapi. . . s●pi . ● . . eph. . . esay . . . . the benefit of keeping that law which reason teacheth . voluntate subla●â omnem actum parem esse . l. ●oedissimam c. de adult . bonam voluntatem plerun● que pro facto reputari . l. si quis in testamen . diuo● cast● adeunto , pi●tatent adhi●bento . qui secus faxir , deus ipsi ●in● dex crit . how reason doth leade men vnto the making of humane lawes , whereby politique societies are gouerned , and to agreement about lawes , whereby the fellowship or communion of independent societies stādeth . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. rhet. . tim. . . gen. . . gen. . . gen. . . gen. . . mat. . gen. . . . ● . esay . . . . tim. . . gen. . . gen. . . gen. . . gen. . . pet. . . arist. pol. l ▪ ● . & . arist. polit . lib. . cap. . vide & platonem in . de legibus . a cum premeretur initio multitudo ab lis qui maiores opes habebāt , ad vnum aliquem confugiebant virtute praestantem ; qui cum prohiberet iniuriâ tenuiores , aequitate constituendâ summos cum infimis pari iu re retinebat . cum id minus contingeret , leges sunt inuentae . cic. off . lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. rhet. ad alex. tanta est enim vis voluptatum , vt & ignorantiam pro telet in occasionem , & conscientiam corrumpat in dissimulationem . tertul. lib. de spectacul . arist. polit . lib. ● . c. v●t . staundf . pref , to the pleas of the crowne . epis. iud. v. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. ethi . lib. cap. . esa. . . arist. pol. . c. gen. . . cic. tusc. . & . de legib . . reg. . . . chr. . . math. . . luk. . . iose. lib. . contra applou . theod. lib. . de sanand 〈◊〉 affec● ▪ eph. . ● . act. ● . ● . ioh. . ● wherfore god hath by scripture further made knowne such supernaturall lawes as do serue for mens direction . a gal. . . hee that soweth to the spirit , shall of the spirit reape life euerlasting . vide arist eth . cap. . & metaph. . ca . & cap. . & cap. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mercur. trismeg . aug. de trin . lib. . ca. vl● . math. . the iust shall goe into life euerlasting ▪ math. . they shal be a● the angels of god. ● . tim. . ● . . pet. . . psal. ● . comment in proaem . . me●●ph . phil. . ● . a math. ● . ● . reioyce and be glad ▪ for great is your reward in heauen . aug. de doct . christ. cap. . summa merces est vt ipso per●ru●mur . b ambros. contra sym. c magno & excellenti ingenio viri , cum se doctrinae penitus dedidissent , quicquid laborit poterat impendi ( contemptis omnibus & priuatis & publicis actionibus ) ad inquirendae veritatis studi● contulerunt ; existimentes multo esse praeclarius humanarum diuinarumque rerum inuestigare ac scire rationem , quàm struēdi● o●ibus aut cu●nulandis honoribus in haerere . sed nequ● adepti sunt id quod volebant ▪ & operam simul atque industriam pe● diderunt ▪ quia veritas , id est arcanum summi dei qui fecit omnia , ingenio ac propriis sensibu● non potest cōprehendi . alioqui nihil inter deum hominémque distaret , si consilia & dispositiones illius maiestatis aeternae cogitatio assequeretur hu●lana . quod quia fieri non potuit vt homini per seipsum ratio diuina notesceret , non est passus hominem deus lumen sapientiae requirentem diutiùs a berrare , ac sine vllo laboris effectu vagari pertenebras inextricabiles . a peruit oculo● eius aliquando , & noti●nem veritati● munus suum fecit , vt & humanam sapientiam nullam esse monstraret , & erranti ac vago ●●am consequendae immortalitatis ostenderet . lactan. lib. . cap. . a scot. lib. . sent. dict . . loquendo de strictâ iustitiâ , deus nulli nostrum propter quaecun● que merita est debitor perfectionis reddendae tam intensae , propter immoderatū excessum illius perfectionis vltra illa merita . sed esto quod ex liberalitate suâ determinasset meritis conserre actum tam perfectum tanquam praemium , tali quidem iustitiâ qualis decet cum , scilicet supererogantis in praemus : tamen non sequitur ex hoc necessatiò quòd perillam iu●titiam sit reddenda perfectio perennis tanquam praemium , imo abundans fieret retributio in beatitudine vnius momenti . b iohn . . . c iohn . . a the cause why so many naturall or rational laws are ●et downe in hol ▪ scripture . b ius naturale est quod in lege & euāgelio continetur . p. . d. . c iosephus lib. secūdo contra appio . lacedae monii quomodo nō sunt ob inhospitalitatē reprehendēdi , ●aedúmque neglectum nuptiarum ? elien●e● verò & th●bani ob coitū cum malculis planè impudentē & contra naturam ; quem recte & vtiliter exercere pu●abant ? cumque hae● comninò perpetrarēt , etiam luis legibus miscu ere . vide . th. . q. . . . . lex naturae 〈◊〉 corrupt● suit apud 〈◊〉 manos , ve 〈◊〉 trocinium ti●●● reputarēt peccatum . august . aut quisquis author est lib. de quaest . non . & vet . test . quis nescia● , quid bonae vitae cōueniat , aut ignor●t ▪ quia quod 〈◊〉 sien non vultali●s minime deb●at facere ? at verò vbi naturali● lex qua n●st oppressa , consuetudine delinquendi , tunc oportuit manifestari scriptis , vt dei iudicium omnes audiren● : non quod penitus oblitera ta est , sed qui● maxima eius authoritate carebat , idololatriae studebatur , timor dei in terris nō erat , fornicatio operabatur , circa rem proximi auida erat concupiscentia . data ergo lex est , vt quae sciebantur authoritatem haberent , & quae latere caeperant manifestarentur . the benefit of hauing diuine lawes written . exod. . . ose. . ● . apoc. ● . & . . aug. lib. . de cons. euang. cap. v●c . a i mean those historical matters cōcerning the anciēt state of the first world , the deluge , the sons of noah , the children of israels deliuerance out of aegypt , the life and doings of moses their captaine , with such like : the certaine truth whereof deliuered in holy scripture , is of the heathen which had thē onely by report , so intermingled with fabulous vanities , that the most which remaineth in them to bee seene , is the shew of darké and obscure steps , where some part of the truth hath gone . the sufficiency of scripture vnto the end for which it was instituted . v●rum cognitio supernaturalis necessaria viatori , sit sufficienter tradita in sacrâ scripturâ . this question proposed by scotus , i● affirmatiuely concluded . a eph. . . b . tim. . . c tit. . . d . pet. . . iohn . ● . . . tim. ● . ▪ . tim. . . verse . . vvhitake●us aduersu . b●llarmin quaest . . cap. . of lawe● positiue conteined in scripture , the mutability of certaine of them , and the generall vse of scripture . esa. . . their feare towards me was taught by the precept of men . apoc. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . plat. in sine . . polit. a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . stra. geogr. lib. . b psal. ● . ▪ c vide orphei carmina . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philo de mos. a conclusion shewing how all this belongeth to the cause in question . iam. . arist. phys. ii. . cap. . arist. eth. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . intelligit de legum qualitate iudicium . prou. . . eph. . . apoc. . . . pet. . . eph. . . . tim. . . . cor. . ps. . , , . rom. . . rom. . . rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. eth. . cap. . iob. . . ps. ● . . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . zonarin can . apo●t . . act. . . notes for div a -e t.c. l. . p. . & . the first pretended proofe of the first position out of scripture . pro. . . t. c .l. . p. . i say that the word of god containeth whatsoeuer things can fall into any part of mans life . for so salomon saith in the . chapter of the prouerbes , my sonne , if thou receiue my words &c. then thou shalt vnderstand iustice , and iudgement , & equitie , and euery goodway . psal. . . a . tim. . the whole scripture is giuen by inspiration of god , and is profitable to teach , to improue , to correct , and to instruct in righteousnes , that the man of god may be absolute being made perfect vnto all good works . he meaneth all and only those good workes , which belong vnto vs as we are men of god , and which vnto saluation are necessary . or if we vnderstand by men of god , gods ministers ▪ there is not required in them an vniuersall skill of euery good worke or way , but an habilitie to teach whatsoeuer men are bound to doe that they may be saued . and with this kinde of knowledge the scripture sufficeth to furnish them as touching matter . the second proofe out of scripture . . cor. . . t.c. l. . p. . s. paul saith that whether we eat or drink or whatsoeuer we do , we must do it to the glory of god. but no man can glorifie god in any thing but by obedience ; and there is no obedience but in respect of the commaundement and word of god : therefore is followeth that the word of god directeth a man in all his actions . . pet. . . rom. . . . cor. . . rom. . . the third scripture prof . . tim. . . and that which s. paul said of meats & drink● that they are sanctified vnto vs by the word of god , the same is to b● vnderstanded of all things els whatsoeuer we haue the vse of . t.c. l. . p. . . tim. . the fourth scripture-proofe . rom. . . t.c. lib. , p. . psal. . . apoc. . . . cor. . . ioh. . . ioh. . . a and if any will say , that s. paule meaneth there a full 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and perswasion that that which hee doth is well done , i graunt it . but from whence can that spring but from faith ? how can wee perswade and assure our selues that wee doe well , but whereas we haue the word of god for our warrant ? t.c. lib. . cap. . b what also that some euen of those heathen men haue taught , that nothing ought to be done , whereof thou doubtest whether it be right or wrong ? whereby it appeareth , that euen those which had no knowledge of the worde of god , did see much of the equitie of this which the apostle requireth of a christian man : and that the chiefest difference is , that where they sent men for the difference of good and euill to the light of reason , in such things the apostle sendeth them to the schoole of christ in his worde , which onely is able through faith to giue them assurance and resolution in their doings . t.c. lib. . pag. . ioh. . . t.c. li. . p. ● . act. . exod . . . leuit. . . cor. . . iob. . . arist. pol. . august , ep. . the first assertion indeuoured to be proued by the vse of taking arguments negatiuely from the authority of scripture : which kind of disputing is vsuall in the fathers . august-contr . liter . petil. li. . cap. . tertull. de prescrip . aduers . t.c. l. . p. ● . augustine sayth ▪ whether it be question of christ , or whether it be question of his church , &c. and least the answerer should restraine the generall saying of augustine●nto ●nto the doctrine of the gospell ▪ so that he would thereby shut out the discipline ▪ euen tertullian himself● before he was embrued with the heresie of montanus , g●ueth testimony vnto the discipline in these words , vve may not giue our selues , &c. hieron . contra heluid . hilar. in psal. . t.c. l. . p. . let him heare what cyprian sayth : the christian religion ( sayth he ) shall find , that &c. ver● hoc mandatum legem complectitur & prophetas , & in hoc verbo omnium scripturarum volumina coarcta●iur . hoc natura , hoc ratio ▪ hoc , domin● , verbi tui clamat authoritas , hoc ex ere tuo iudiuimu● , h●c inuenit consummationem omnis religio . primum est hoc mandatum & vltimum ▪ hoc in libro vitae conscriptum indeficientem & hominibus & angelis exhibet lectionem . legat hoc vnum verbum & in hoc mandato meditetur christiana relig●o , & inueniet ex h ac scriptura omnium doctrinarum regulas emanasse , & hinc nasci & huc reuerti quicquid ecclesiastica continet disciplina , & in omnibus irritum esse & friuolum quicquid dilectio non confirmat . tertul. lib ▪ de monog . t. c. l. . p. . and in another place tertullian sayth , that the scripture denieth that which it noteth not . t. c. l. ● . p. . and that in indifferent things it is not enough that they be not against the word , but that they be according to the word , it may appeare by other places , where he sayth , that whatsoeuer , pleaseth , not the lord , displeaseth him , and with hurt is receiued . lib. . ad vxorem . qua domino non placent , vtique dominum offendunt ▪ vtique malo se inferunt . t. c. l. . p. . and to come yet neerer , where he disputeth against the wearing of crowne or garland , ( which is indifferent of it selfe ) to those which obiecting asked , where the scripture saith that a man might not weare a crowne ; he answereth by asking where the scripture sayth that they may weare ? and vnto them replying that it is permitted which is not forbidden ; he answereth , that it is forbidden which is not permitted . whereby appeareth , that the argument of the scriptures negatiuely holdeth , not onely in the doctrine and ecclesiasticall discipline , but euen in matters arbitrary and variable by the aduise of the church . where it is not inough that they be not forbidden , vnlesse there be some word which doth permit the vse of them : it is not enough that the scripture speaketh not against them , vnlesse it speake for them : and finally where it displeaseth the lord which pleaseth him not , we must of necessitie haue the word of his mouth to declare his pleasure . tert. de corona militis . the first assertion endeuoured to be confirmed by the scriptures custome of disputing frō diuine authority negatiuely . . iohn . . ▪ god is light , and there is in him no darknesse at all . hebr. . . it is imposble that god should lye . num. . . god is not as man that he should lye . t. c. l. . p. ▪ it is ●er hard to shew that the prophets haue reasoned negatiuely . a● whe● in the person of the lord the prophet sayth ▪ whereof i haue not spoken ▪ ieremie . . and ▪ wh●ch neuer entered into my heart ▪ ier●mie . . . and where he condemne●h them because ▪ they haue not asked counsell at the mouth of the lord , esay . . and it may be shewed ▪ that the same kind of argument hath bene vsed , in things which are not of the substance of saluation or damnation , and whereof there was no commaund●ment to the contrary ( as in the former there was ▪ leuit. . . & . . deut. . . ) in iosua the children of israel are charged by the prophet that they asked not counsell of the● mouth of the lord when they entered into couenant with the gabeonites , iosh. . . and yet that couenant was not made contrarie vnto anie commaundement of god. moreouer we reade that when dauid had taken this counsell to build a temple vnto the lord , albeit the lord had reuealed before in his word that there should be such a standing place ▪ where the arke of the couenant and the seruice should haue a certaine abiding ▪ and albeit there was no word of god which ●orbad dauid to build the temple : yet the lord ( with commendation of his good affection and zeale hee had to the aduancement of his glorie ) concludeth against dauid● resolution to build the temple , with this reason ▪ namely that he had giuen no commandement of this who should build it . . chr. . . leuit. . . & . . deut. . . . chro. , ● . esay . . iosh. . . num. . . . chron. . t. c. l. ● . p. . m. harding reprocheth the b. of salisbury with this kind of reasoning : vnto whom the b. answereth , the argument of authority negatiuely , is taken to be good , whensoeuer proofe is taken of gods word , and is vsed not onely by vs , but also by many of the catholique fathers . a litle after he sheweth the reason why the argument of authority of the scripture negatiuely is good , namely for that the word of god is perfect . in another place vnto m. harding casting him in the teeth with negatiue arguments , be alleageth places out of iren●●us , chrysostom , leo , which reasoned negatiuely of the authoritie of the scriptures . the places which he alleageth be very full and plaine in generality , without any such restraint as the answerer imagineth , as they are there to be seene . ● vell. patere . iugurtha as marius sub codem africano militantes , in ijsdem castris didicere qua postea in contrarijs facere●t . art. . diuis . . gal. . orig. in . leuitho . . math. . math. . desen . par . . ca. . diuis . ● . lib. . cap. ● de incomp . nat . dei hom . . epist. ● . ca. epist. . ca. . epist. ● . lib. . ep . . their opinion cōcerning the force of arguments taken from humane authority for the ordering of mens actiō● or perswasiōs . t. c. l. . p. . when the question is of the authority of a man , it holdeth neither affirmatiuely nor negatiuely . the reason is , because the infirmitie of man can neither attaine to the perfection of any thing whereby he might speake all things that are to be spoken of it ; neither yet be free from error in those things which he speaketh or giueth out . and therefore this argument neither affirmatiuely nor negatiuely compelleth the hearer , but only induceth him to some liking or disliking of that for which it is brought , and is rather for an orator to perswade the simpler sort , then for a disputer to enforce him that is learned . . cor. . . iohn . . . deut. . . mat. . . t. c. l. . p. . although that kind of argument of authoritie of men is good , neither in humaine nor diuine sciences ; yet it hath some small force in humaine sciences , for as much as naturally , & in that he is a man , he may come to some ripenes of iudgement in those sciences ; which in diuine matters hath no force at all , as of him which naturally , and as he is a man , can no more iudge of them shew a blind man of colours . yea so farre is it from drawing credit if it be barely spoken without reason and testimony of scripture , that it carieth also a suspition of vntruth whatsoeuer proceedeth from him , which the apostle did well note when to signifie a thing corruptly spoken and against the truth , he saith , that it is spoken according vnto man. rom. . he saith not as a wicked and lying man , but simply as a man. and although this corruption be reformed in many ; yet for so much as in whome the knowledge of the truth is most aduanced , there remaineth both ignorance and disordered affections ( whereof either of them turneth him from speaking of the truth ; ) no mans authority , with the church especially , and those that are called and perswaded of the authority of the word of god , can bring any assurance vnto the conscience . t. c. l. . p. . of diuers sentences of the fathers themselues ( wherby some haue likened them to brute beastes without reason , which suffer themselues to be led by the iudgement and authority of others ▪ some haue preferred the iudgemēt of ou● simple rude man alleaging reason vnto companies of learned men ) i will content my selfe at this time with two or three sentences . irenaeus saith , whatsoeuer is to be shewed in the scripture , canne , bee shewed but out of the scriptures themselues ▪ lib. ● cap. . ierome saith . no man be he neuer so holy or eloquent , hath any authoritie after the apostles in ps. . augustine saith , that he will beleeue none , how godly and learned soeuer he be , vnlesse he confirme his sentence by the scriptures , or by some reason not contrary to them epist. . and in another place , heare this , the lord saith , heare not this , donatus saith , rogatus saith , vincentius saith , hylarius saith , ambrose saith , augustine saith , but hearken to this the lord saith , epist. . and againe hauing to do with an arrian , he affirmeth that neither he ought to bring forth the councell of nice , nor the other the councell of arimine , thereby to bring preiudice each to other ; neither ought the arrian to be holden by the authoritie of the one , nor himselfe by the authoritie of the other , but by the scriptures which are witnesses proper to neither , but common to both ▪ matter with matter , cause with cause , reason with reason ought to be debated . contra maxim. arian . . . ca. and in an other place against petilian the donatist he saith , let not these wordes be heard betweene vs , i say , you say , let vs heare this , thus saith the lord. and by and by speaking of the scriptures he saith , there let vs seeke the church , there let vs try the cause . de vnita . eccles. cap. . hereby it is manifest , that the argument of the authoritie of man affirmatiuely is nothing worth . matth. . . t. c. l. . . if at any time it happened vnto augustine ( as it did against the donatists and others ) to alleage the authority of the auncient fathers which had bin before him ; yet this was not done before he had laid a sure foundation of his cause in the scriptures , and that also being prouoked by the aduersaries of the truth , who bare themselues high of some counsell , or of some man of name that had fauoured that part . a declaration what the truth is in this ma●ter . math. . . ephes. . . matth. . . . tim. . . matth. . . act. . . . thes. . . . t. c. l. . p. . where this doctrine is accused of bringing men to despaire , it hath wrong . for when doubting it the way to dispaire , against which this doctrine offereth the remedie ; it must needs be that it bringeth comfort and ●●y to the conscienc● of man. due . . . notes for div a -e what the church is , and in what respect lawes of polity are thereunto necessarily required . ioh. . . ioh. . . ioh. . . . tim. ● . . a eph. . . that he might reconcile bothe vnto god in one body . eph. . . that the gentiles should be inheritors also and of the same body . vide th. p. . q. . ar . . ▪ cor. . . eph. . . act. . . ioh. . . col. . . col. . . a . cor. . . vide & tacitum lib. annal. . nero quaesitiss●mis poenis affecit quos per flagitia inuisos vulgus christianos appellabat , auctor nominis eius christus , qui tiberio imperitante per procuratotem pontium pilatum supplicio affectus erat . repressáque in presen● exitiabilis superstitio rursus etumpebat , non modo per iudaeam , originem eius mali , sed per vrbem etiam . quo cuncta vndique atrocia aut pudenda confluunt celebranturque . ioh. . . ioh. . . . apoc. . . tertul. de . virgin . veland . iren. aduers. haer . lib. . cap. . & . act. . . act. . . act. . . matth. . . math. . ● . exod. . psal. . . . . king. . . ier. . . . king. . . esa. . . esa. . . esa . . ier. . . ● . king. . . fortunat. in concil . car. math. . . math. . ● . math. . . secundinus in eodem conci . math. . . in concilio niceno vide hierony . dial . aduers. luciferia . . chron. ● . hos. . . & . ios. . . rom. . . cal. epist. . epist. . epist. . tertul. exhort . ad castit , vbi tre● , ecclesia est , licet laici . act. . . vvhether it be necessarie that some particular forme of church-poli●y be set downe in scripture● sith the things that belong particularly vnto any such forme , are not of necessitie to saluation ▪ tertul. ●● ha●●bitu mul. aemuli sint necesse est , quae dei non sunt . rom. . . lactan. lib. . ca. . ille legi● huius inuentor , disceptator , lator ▪ cic. t ● ▪ de 〈◊〉 two things misliked , the one , that we distinguish matters of discipline or church-gouern●●nt from matters of faith and necessarie vnto saluation ● the other , that we are iniurious to the scripture of god ? 〈◊〉 abridging the large and rich content● thereof . their words are these : you which distinguish betweene these , and say that matter of faith and necessarie vnto saluation may not be tolera●● in the church , vnlesse they be expressely conteined in the word of god , or manifestly gathered ; but that ceremonies , order , d●scipline , gouernment in the church , may not be receiued against the word of god , and consequently may be receiued , if there be no word against them , although there be none for them ; you ( i say ) distinguishing or diuiding after this sort , do proue your selfe an euill diuider . although matters of discipline and kind of gouernement were not matters necessary to saluation and of faith . it is no small iniurie which you do vnto the word of god to pin it in so narrow roome , as that it should be able to dir●ct 〈◊〉 in the principall points of our religion , or as though the substance of religion or some rude and vnfashioned matter of building of the church were v●tered in them ▪ and th●●e thing● were left out that should pertaine to the forme and fashion of it , or as if there were in the scriptures onely to couer the churches nakednesse and not also cha●nes ▪ and bracelets , and rings , and other iewels to adorne her and set her out ▪ or that to conclude , these were sufficient to quench her thirst and kill her hunger , but not to minister vnto her a more liberall , and ( as it were ) a more delitious and dainty dyes . those things you seeme to say , when you say that matters necessary to saluation and of faith are contained in scripture ▪ especially when you oppose these things to ceremonies , order , discipline , and gouernement . t. c. lib. p. . that matters of discipline are different from matters of faith and saluation , and that they them selues so teach which are our reproouers . t. c. lib. . pag. . we offer to shewe the discipline to be a part of the gospell . and againe pag. . ● speake of the discipline as of a part of the gospell . if the discipline be one part of the gospell , what other part can they assigne but doctrine , to answer in diuision to the discipline ? matth. . . a the gouernement of the church of christ graunted by fennar himselfe , to be though a matter of great moment , yet not of the substance of religion . against d ▪ bridges . pag. . if it be fennar which was the author of that booke . that we doe not take from scripture any thing which may be thereunto giuen with soundnesse of truth : arist. pol. li. . cap. . & plato in menex . arist. lib. . de anima . cap. . their meaning who first did plea●e against the politie of the church of england , vrging that nothing ought to be established in the church , which is not commaunded by the word of god : and what scripture they thought they might ground this assertion vpon . deut. . . & deut. . . vvhatsoeuer i commaund you take heed you do it● thou shalt put nothing thereto , nor take ough●● therefrom . the same assertion we cannot hold , without doing wrong vnto all churches . ioh. ● . caenatorium : de ▪ qu● math. . . ibi de caenatori● nu●tiali . act. . a shift to maintaine that . nothing ought to be established in the church , which is not commanded in the word of god ; namely that commandements are of two sorts ▪ and that all things lawfull in the church are commanded , if not by speciall precepts , yet by generall rules in the word . . cor. . . . cor. . . . cor. . rom. . . . t. c. l. . p. . another aunswere in defence of the former assertion , whereby the meaning thereof is opened in this sort . all church orders must be commaunded in the word , that is to say , grounded vpon the word , and made according at the leastwise vnto the generall rules of holy scripture . as for such things as are found out by any starre or light of reason , and are in that respect receiued so they be not against the word of god , all such things it holdeth vnlawfully receiued . arist. polit . . . cor. . apoc. . . . cor. . . col. . ● . . cor. . . . cor. ● rom. . . verse . act. . . act. . . . cor. . . col. . . tit. . . . tertul. de resur . carnis . tit. . . act. . . dan. . . . king. . . act. . matth. . . hebr. . . ● . cor. . . . cor. . . act. . ● . v. . heb. . . . cor. . . act. . . act. . . & cap. . . . pet. . . matth. . . act. . . act. . c. vi●latores . . q. . how lawes for regiment of the church may be made by the aduise of mē , following therein the light of reasō ; and how those lawes being not repugnant to the word of god , are approued in his sight . luminis naturalis ducatum repellere , non modo stultum est . sed & impium . aug. . de trin . c. . th. aqui. . q. l ▪ . art . . ex preceptis legis naturalis ▪ quasi ex qui●usdam , principiis communibus & in demōstrabilibus , necesse est quod ratio humana procedat ad allqua magis particulariter disponenda . et istae particulares disposi●●ones ad●nuentae sec●●dum rationem humanā , dicuntur leg es humanae , obseruatis alii● conditionibus quae pertinent ad rationem legis . . . q. . art . . . cor. . . prou. . . rom. . . iohn . . . rom. . . & . . that neither gods being the author of laws , nor his committing them to scripture , nor the continuance of the end for which they were instituted , is any reason sufficient to proue that they are vnchangeable . deut. . . deut. . . quod pro necessitate temporis statutum est , cessante necessitate debet cessare pariter quod vrgebat . . q. . quod pro necessit . act. . counterp . p. . a we offer to shew the discipline to bee a parte of the gospell , and therfore to haue a cōmon cause : so that in the repulse of the discipline , the gospell receiue● a checke . and againe , i speake of the discipline as of a part of the gospell , and therfore neither vnder nor aboue the gospel , but the gospell ▪ t.c. l. . p. . . tertul. de veland virg . ma●t . in . sam. . act. . a disciplin● est christian● ecclesiae politia , a deo eiurectè administrandae cause constituta , ac propterea ex cius verbo pe●enda , & ob ●andem causam omnium ecclesiarum communi● , & omnium temporum . lib. de eccles . discipli . in analy . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist e●h . . c. . vvhether christ haue forbidden all chaunge of those lawes which are set downe in scripture . heb. . . either that commendation of the son before the seruant is a false testimony , or the sonne ordained a permanent gouernment in the church . ●f parmanent , then not to be changed . vvhat then do they that hold it may be changed at the magistrates pleasure , but aduise the magistrate by his positiue lawes to proclaime that it is his will , that if there shall be a church within his dominions , he will maime and deforme the same . m.m. p. . he that was as faithfull as moses , left as cleare instruction for the gouernment of the church . but christ was as faithfull as moses . ergo. demonst ▪ of disc. cap. . iohn . . either god hath left a prescript forme of gouernement now ▪ or else he is lesse carefull vnder the new test●mēt then vnder the olde demonst. of disc. cap. . ecclesiast . disc . lib. ▪ rom. ● . . eph. ● . . deut. . . verse . verse . verse . deut. . . deut. . deut. . deut. . deut. . deut. . t.c. l. . p. . whereas you say that they ( the iewes ) had nothing , but was determined by the law , and we haue manie things vndetermined and left to the order of the church : i will offer for one that you shall bring that we haue left to the order of the church , to shew you that they had twentie which were vndecided of by the expresse word of god. t.c. in the table to his second booke . t.c. l. . p. if he will needs separate the worship of god from the externall politie ; yet as the lord set forth the one , so he left nothing vndescribed in the other . leuit , . . numb . . . numb . . numb . . gen. . . gen. . . t.c. lib. ● . pag. . . tim. . . iohn . . . iohn . . . act. . . . tim. . . . tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . tim. . . . tim. . . . tim. . . t.c. l. . pa. . my reasons do neuer conclude the vnlawfulnes of these ceremonies of buriall , but the inconuenience and inexpediente of them . and in the table : of the inconuenience , not of th● vnlawfulnes of popish apparell and ceremonies in buriall . t.c. l. . p. . vpon the indefinite speaking of m. caluin , saying , ceremonies and externall discipline without adding all or some , you go about subtilly to make men believe , that m. caluin had placed the whole externall discipline in the power and arbiterment of the church . for if all externall discipline were arbitrary and in the choise of the church , excommunication also ( which is a part of it ) might be cast away , which i thinke you will not say . and in the very next words before . where you would giue to vnderstand that ceremonies & externall discipline are not prescribed particularly by the word of god , and therfore left to the order of the church : you must vnderstand that all externall discipline is not left to the order of the church , being particularly prescribed in the scripture● : no more then all ceremonies are left to the order of the church , as the sacrament of baptisms , and supper of the lord. t.c. l. . p. . t.c. l. . p. . we deny not but certaine things are left to the order of the church ▪ because they are of the nature of those which are varied by times , places , persons , and other circumstances , & so could not at one be set downe and established for ever . esa. . . col. . . aug. epist. . ios. . iud. . . ●oh . . . ioh. . . a nisi reip . suae statum omnē constituerit , magistratus ordinarit , singulorum munera potestatémque descripserit , quae iudi ciorum forique ratio habenda , quomodo ciu●um finiendae lites : non solum minus ecclesiae christianae prouidit quàm moses olim iudaicae , sed quā à lycurgo , solone , numa ciuitatib . suis prospectū fit . lib. de ecclesiast . disc. the defence of godly minist . against d. bridges . p. ● luc. . ●● . matth. . ● ▪ rom. . . notes for div a -e how great vse ceremonies haue in the church . mat. . . the doctrine and discipline of the church , as the waightiest things , ought especially to be looked vnto : but the ceremonies also , as mint & comin , ought not to be neglected . t.c. l. . p. . gen. . . ruth . . . exod. . ● . a dionis . p. ● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b litt. ● . . m●nu ad digitos vsque involutâ ●em diuinā facere ; significantes sidem tutandam , sedémque eius etiam in dextris sacratam esse . c eccl. disci . . . ●ol . . the first thing they blame in the kind of our ceremonies is , that we haue not in them ancient apostolical simplicitie , but a greater pompe and statelines . lib. eccle . disci . & t.c. l. . p. . tom. . de bap contra dona●ist . l. . cap . t.c. l. . p. . if this iudgement of s. augustine bee a good iudgement and sound ; then there be some things commaunded of god , which are not in the scripture ; and therefore there is no sufficient doctrine contained in scripture whereby we may be saued . for all the commaundements of god and of the apostles are needfull for our saluation . vid. epist. . sam. . . . chro. ● . ●● our orders & ceremonies blamed , in that so many of thē are the same which the church of rome vseth . eccles. discipl . fol. . t.c. lib. . p. . t.c. lib. . p. . t.c. lib. . p. t.c. l. . p. ● . t.c. l. . p. . t.c. l. . p. . t.c. l. . p. tom. . br●● . . con. africa . cap. . lib. de idololatria . he seemeth to mean the feast of easter day , celebrated in the memory of our sauiours resurrection , and for that cause termed the lords day . lib. de anima t.c. l. . p. . t.c. l. . p. ● t.c. l. . p. . that wheras they who blame vs in this behalfe , whē reason euicteth that all such ceremonies are not to be abolished , make answere that when they condemne popish ceremonies their meaning is of ceremonies vnprofitable , or ceremonies in stead wherof as good or better may be deuised : they cannot hereby get out of the briers , but contradict and gainesay themselues ; in as much as their vsuall maner is to proue , that ceremonies vncommaunded of god , and yet vsed in the church of rome , are for this very cause vnprofitable to vs , and not so good as others in their place would be . t.c. lib. p. . what an open vntruth is it , that this is one of our principles not to be lawful to vse the same ceremonies which the papists did : when as i haue both before declared the contrary , and euen here haue expressely added ▪ that they are not to be vsed when as good or better way be established ? ecclesi . discipl . fol. . t.c. l. . p. . as for your oft●̄ repeating tha● the ceremonies in question are godly , comely & decent : it is your old wont of demaunding the thing in question , and an vndoubted argument of your extreme pouerty . t.c. l. p. . t.c. l. . p. . and that this complaint of ●urs is iust , in that we are thus constrained to be like vnto th● papists in any their ceremonies , and that this cause only ought to moue . ●hem to whom that belongeth to do theirs away , for as much 〈◊〉 they are their ceremonies : the reader may further se● in the b. of salisbury , who brings diuerse proofes thereof . that our allowing the customes of our fathers to be followed , is no proofe that we may not allow some customes which the church of rome hath , although we do not accōpt of them as of our fathers . that the course which the wisedome of god doth teach , maketh not against our conformitie with the church of rome in such things . t.c. lib. . p. . & . leuit. . . leuit. . . leuit. . . deut. . . deut. . . & leuit. . ephes. . . leuit. . . leuit. . . leuit. . . deut. . . . thes. . . leuit. . . deut. . . deut. . . leuit. . leuit. . . deut. . leuit. . eph. . . that the exāple of the eldest churches is not herein against vs. t.c. l. . p. . the councels although they did not obserue themselues alwaies in making of decrees this rule , yet haue kept this consideration continually in making of their lawes , that they would haue the christians differ from others in their ceremonies . to. . cont . faust. m●nich . lib. . cap. . t.c. l. . p. . also it was decreed in ●nother councell , that they should not decke their houses with bay leaues & greene boughes , because the pagans did vses● ; and that they should not rest from their la●or those daies that the pagans did , that they should not keepe the first day of euery moneth as they did . t.c. l. . p. tertul. saith , o sayth he , better is the religion of the heathen ; for they vse no solemnitie of the christians , neither the lords day , neither , &c : but we are not afraid to be called heathen . t.c. l. . p. . but hauing shewed this in generall to be the politie of god first , and of h●● people afterwards , to put as much difference as can be commodiously betweene the people of god and others which are not ; i shall not , &c. that it is not our best policy for the establishment of sound religion ▪ to haue in these thinges no agreement with the church of rome being vnsound . t.c. l. . p. common reason also doth teach , that contraries are cured by their contraries . now christianity , and antichristianity , the gospell and popery ▪ be contra●ies , and therefore antichristianitie must be cured , not by itselfe , but by that which is ( as much as may be ) contrary vnto it . t.c. l. . p. . if a man would bring a drunken man to sobrietie , the best and nearest way is to carry him as farre from his excesse in drinke as may be : and if a man could not keepe a meane , it were better to fault in prescribing lesse them he should drinke , thē to fault in giuing him more then he ought . as we see to bring a sticke which is crooked to be straight , we do not only how it so farre vntill it come to be straight , but we bend it so farre vntill we make it so crooked of the other side , as it was before of the first side ; to this end that at the last it may stand straight , and as it were in the midway betweene both the crookes . that we are not to abolish our ceremonies , either because papists vpbraide vs as hauing taken from them ▪ or for that they are sayd hereby to conceiue i know not what great hopes . t.c. l. . p. . by vsing of these ceremonies , the papists take occasion to blaspheme ; saying that our religion cannot stand by it selfe , vnlesse it l●●ue vpon the staffe of their ceremonies . t.c. l. . p. . to proue the papists triumph and ioy in these things , i alleaged further that there are ●o●e which make such clamors for these ceremonies , as the papists and those which they suborne . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t.c. l. . p. . thus they conceiuing hope of hauing the rest of their poperie in the end ▪ it causeth them to be more frozen in their wickednesse , &c. for not the cause , but the occasion also ought to be taken away , &c. although let the reader iudge , whether they haue cause giuen to hope that the tails of popery yet remaining ▪ they shall the easilier hale in the whole body after : considering also that maister bucer noteth , that where these things haue bene left , there popery hath returned : but on the other part in places which haue bene clensed of these dregs , it hath not bin seene that it hath had any entrance . ecclesi . dis● fol. . t.c. l. . p. . there be numbers which haue antichristianitie in such detestation , that they c●●not without griefe of mind behold them ▪ and afterwards , such godly brethren are not easily to be grieued , which they seeme to be when they are thus martyred in their minds , for ceremonies which ( to speake the best of them ) are vnprofitable . the griefe which they say godly brethren conceiue , in regard of such ceremonies as we haue common with the church of rome . t.c. l. . p. although the corruptions in them sticke not straight to the heart , yet as gentle poysons they consume by little and little . 〈◊〉 . ● . . their exception against such ceremonies as we haue receiued from the church of rome , that church hauing taken them frō the iewes . eccles. discisol . . and t.c. l. . p. . many of these popish ceremonies fault by reason of the pompe in them ; where they should be agreeable to the simplicitie of the gospel of christ crucified . t.c. l. . p. . euseb. l. . c. . socr. . lib. c. . to. . concil . laod. can . . act. . , . vide niceph. lib. . cap . . & sulpit , s●uer . pag. . in edit . plant. act. ● . act. . . act. . . act. . . act. . . act. . . rom. . . lib. qui seder olam inscribi●tur . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heb. . . . cor. . . gal. . . . l●uit . . ● . cor. ● . . leo in ieiun . mens . sep● ser. . tertull. de praescript . aduers . haeret . t.c. l. . p. what an abusing also is it to affirme , the mangling of the gospels and epistles to haue bene brought into the church by godly and learned men ? t.c. l. . p. seeing that the office and function of priests was after our sauiour christs ascēsion naught & vngodly ; the name whereby they were called which did exercise that vngodly function , cannot be otherwise taken then in the euil part . concil . laod. can. ● . . t.c. l. . p. . t.c. l. . p. concil . constantinop . . cap. . cyp● . ad pompe● . lib. cont . epist. stephani . socr. ecclesiast . hist. lib. cap. . plerique in asiā minore antiquitus . die mensis , nullâ ratione die● sabbati habitâ hoc ●estum obseruarunt . quod dum faciebant , cum aliis qui aliam rationem in codem festo agendo sequebantur vsque cōnequaquam dissenserunt , quoad victor episcopus romanus supra modum iracundiâ inflammatus , omnes in asiâ qui erant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellati excommunica●erit . ob quod factum irenaeus episcopus lugduni in victorem per epistolam grauiter inuectus est . euseb. de vita constant. lib. . ca. . quid praestabilius , quidue augustiu● esse poterat , quàm veboc festum per quod spem immortalitatis nobis often tatam habemus , vno modo & ratione apud omnes integ●e sincereque obseruaretur ? ac primum onmium indignum planè videbatur , vt ritum & consuetudinē imitantes iudaeorum , ( qui quoniam sua● ipsorum manus im●ani scesere polluerunt , meritò , vt scelestos decet , coeco animorum errore tenentur irretiti ) istud festum sanctissimum ageremu● . in nostrâ enim situm est potestate , vt illorum more reiecto , veriore ac magis sincero instituto , ( quod quidem vsque à primâ passionis die hactenus recoluimus ) huius fetti celebrationem ad posterorum seculorū memoriam propagemus . nihil igitur sit nobis cum iudaeorum turbâ omnium odiosâ maximè . their exception against such ceremonies as haue bene abused by the church of rome , and are said in that respect to be scandalous . matth. . . . pet. . ● . . sam. ● . . rom. . . ezech. . . tertul. lib. de virgin ▪ veland . epist. ad lean drum hisp. hom . de pasch. idololatriae consuetudo in tantum homines occoecauerat ; vt solis , lunae , martis atque mercurii , louis , veneris , saturni , & diuersi● elemētorum ac da●monū appellationibus dies vocitarent , & luci tenebra●um nomen imponerent . beda de ratione temp . cap. . octauus dies idem primus est , ad quem reditur , indeque ru●sus heb●omada inchoatur . his nomina a planetis gentilitas indidir , habere se credentes à sole spiritum ; à luna corpus , à marte sanguinem , à mercurio inge●um & linguam , à loue temperantiam , à venere voluptatem , à saturno tarditatem : i sid . hisp. lib. ● . etymol . ca. . dies dicti à diis , quorum nomina romani quibusda● ▪ syderibus sacrauerunt . . cor. . . rom. . rom. . . vide harmenop . lib. . ●it . . §. . t.c. l. . p. t.c. l. . p. . it is not so conuenient that the minist●r hauing so many nec●ssary points to bestow his time in , should bee driuen to spend it in giuing warning of not abusing them , of which ( although they were vsed to the best ) there is no profite . our ceremonies except●d against , for that som● churches reformed before ours haue cast ou● those things , which wee notwithstanding their example to the contrary do reteine still . t.c. l. . p. ● . . cor. ● . . can. . the canon of that councell which is here cited , doth prouide against kneeling at prayer on sundayes , or for fiftie dayes after easter on any day , and not at the feast of pentecost onely . t. c. lib. . p. . . rom. . . . . cor. . . respon . ad media● . t.c. l. . p. . and therefore s. paul to establish this order in the church of corinth , that obey should make their gatherings for the poore vpon the first day of the saboth , ( which is our sunday ) alleageth this for a reason that he had so ordained in other churches . . cor. . ●● t.c. li. . pag. . so that as children of one father , and ser●ants of one master , he wil haue al the churche● not onely haue one dyet in that they haue one word , but also we are as it were one liuery in vsing the same ceremonies . t. c. l. . p. this rule did the great coun●●ll of nice follow , &c. die dominico & per omnem penticostem , nec de geniculis ado●are , & iciunium soluere . de coro . 〈◊〉 . t. c. l. ● . p. . if the cerem●nies be alike ●ommodio●● , th● later churches should conforme themselues to the first , &c. and againe , the fewer ought to conforme themselues vnto th● 〈◊〉 . rom. . . . cor. . . t.c. l. . p. . our church ought either to shew that they haue done euill , or else shee i● found to be in fault that doth not conforme her selfe in that which she cannot deny to be well abrogated . a declaration of the proceedings of the church of england , for establishment of things as they are . t.c. l. . p. . it may well be their purpose was by that temper of popish ceremonies with the gospell , partly the ●asilier to draw the papists to the gospell , &c. partly to redeeme peace thereby . t. c. l. . p. ● . aug. epist. ● t. c. l. . p. for indeede it were more safe for vs to conforme our indifferent ceremonies to the turkes which are farre off , then to the papists which are so neare . constitutions and canons ecclesiastical treated upon by the bishop of london, president of the convocation for the province of canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the king's majesty's licence in their synod begun at london anno domini , and in the year of the reign of our sovereign lord james, by the grace of god, king of england, france, and ireland the first, and of scotland the thirty seventh : and now published for the due observation of them, by his majesty's authority, under the great seal of england. church of england. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) constitutions and canons ecclesiastical treated upon by the bishop of london, president of the convocation for the province of canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the king's majesty's licence in their synod begun at london anno domini , and in the year of the reign of our sovereign lord james, by the grace of god, king of england, france, and ireland the first, and of scotland the thirty seventh : and now published for the due observation of them, by his majesty's authority, under the great seal of england. church of england. bancroft, richard, - . 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users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- government. ecclesiastical law -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion constitutions and canons ecclesiastical , treated upon by the bishop of london , president of the convocation for the province of canterbury , and the rest of the bishops and clergy of the said province : and agreed upon with the king's majesty's licence in their synod begun at london anno domini , . and in the year of the reign of our sovereign lord james , by the grace of god king of england , france , and ireland the first , and of scotland the thirty seventh : and now published for the due observation of them , by his majesty's authority , under the great seal of england . london , printed for samuel mearne , stationer to the king 's most excellent majesty , and robert pawlet , . james by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas our bishops , deans of our cathedral churches , archdeacons , chapters and colledges , and the other clergy of every diocess within the province of canterbury , being summoned and called by virtue of our writ directed to the most reverend father in god , john , late archbishop of canterbury , and bearing date the . day of january , in the first year of our reign of england , france and ireland , and of scotland the . to have appeared before him in our cathedral church of st. paul in london , the . day of march then next ensuing , or elsewhere , as he should have thought it most convenient , to treat , consent , and conclude upon certain difficult and urgent affairs mentioned in the said writ , did thereupon at the time appointed , and within the cathedral church of st. paul aforesaid , assemble themselves , and appear in convocation for that purpose , according to our said writ , before the right reverend father in god , richard , bishop of london , duly ( upon a second writ of ours dated the . day of march aforesaid ) authorized , appointed and constituted , by reason of the said archbishop of canterbury his death , president of the said convocation , to execute those things which by virtue of our first writ did appertain to him the said archbishop to have executed if he had lived : we , for divers urgent and weighty causes and considerations us thereunto especially moving , of our especial grace , certain knowledge , and meer motion , did by virtue of our prerogative royal , and supreme authority in causes ecclsieastical , give and grant by our several letters patents under our great seal of england , the one dated the . day of april last past , and the other the . day of june then next following , full , free and lawful liberty , licence , power and authority unto the said bishop of london , president of the said convocation , and to the other bishops , deans , archdeacons , chapters and colledges , and the rest of the clergy before mentioned of the said province , that they from time to time during our first parliament now prorogued , might confer , treat , debate , consider , consult and agree of , and upon such canons , orders , ordinances and constitutions , as they should think necessary , fit and convenient for the honour and service of almighty god , the good and quiet of the church , and the better government thereof , to be from time to time observed , performed , fulfilled , and kept as well by the archbishops of canterbury , the bishops and their successors , and the rest of the whole clergy of the said province of canterbury in their several callings , offices , functions , ministeries , degrees and administrations , as also by all and every dean of the arches , and other iudge of the said archbishop's courts , guardians of spiritualties , chancellors , deans and chapters , archdeacons , commissaries , officials , registers , and all and every other ecclesiastical officers , and their inferiour ministers whatsoever , of the same province of canterbury , in their and every of their distinct courts , and in the order and manner of their and every of their proceedings : and by all other persons within this realm , as far as lawfully , being members of the church , it may concern them , as in our said letters patents amongst other clauses more at large doth appear . forasmuch as the bishop of london , president of the said convocation , and others the said bishops , deans , archdeacons , chapters and colledges , with the rest of the clergy , having met together at the time and place before mentioned , and then and there by virtue of our said authority granted unto them , treated of , concluded , and agreed upon certain canons , orders , ordinances and constitutions , to the end and purpose by us limited and prescribed unto them , and have thereupon offered and presented the same unto us , most humbly desiring us to give our royal assent unto their said canons , orders , ordinances and constitutions , according to the form of a certain statute or act of parliament made in that behalf , in the . year of the reign of king henry the eighth , and by our said prerogative royal and supreme authority in causes ecclesiastical , to ratifie by our letters patents under our great seal of england , and to confirm the same ; the title and tenour of them being word for word , as ensueth . constitutions and canons ecclesiastical , treated upon by the bishop of london , president of the convocation for the province of canterbury , and the rest of the bishops and clergy of the said province ; and agreed upon with the king's majesty's licence in their synod begun at london , anno dom. . and in the year of the reign of our sovereign lord james by the grace of god , king of england , france , and ireland the first , and of scotland the thirty seventh . of the church of england . i. the king's supremacy over the church of england , in causes ecclesiastical , to be maintained . as our duty to the king 's most excellent majesty requireth , we first decree and ordain , that the archbishop of canterbury ( from time to time ) all bishops of this province , all deans , archdeacons , parsons , vicars , and all other ecclesiastical persons , shall faithfully keep and observe , and ( as much as in them lieth ) shall cause to be observed and kept of others , all and singular laws and statutes made for restoring to the crown of this kingdom , the ancient jurisdiction over the state ecclesiastical , and abolishing of all foreign power repugnant to the same . furthermore , all ecclesiastical persons having cure of souls , and all other preachers , and readers of divinity lectures , shall to the uttermost of their wit , knowledge and learning , purely and sincerely ( without any colour or dissimulation ) teach , manifest , open , and declare four times every year ( at the least ) in their sermons and other collations and lectures , that all usurped and foreign power , ( forasmuch as the same hath no establishment , nor ground by the law of god ) is for most just causes taken away and abolished : and that therefore no manner of obedience , or subjection within his majesty's realms and dominions , is due unto any such foreign power : but that the king's power within his realms of england , scotland and ireland , and all other his dominions and countries , is the highest power under god , to whom all men , as well inhabitants , as born within the same , do by god's laws owe most loyalty and obedience , afore and above all other powers and potentates in earth . ii. impugners of the king's supremacy , censured . whosoever shall hereafter affirm , that the king's majesty hath not the same authority in causes ecclesiastical , that the godly kings had amongst the jews , and christian emperours of the primitive church , or impeach any part of his regal supremacy in the said causes restored to the crown , and by the laws of this realm therein established : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of those his wicked errors . iii. the church of england , a true and apostolical church . whosoever shall hereafter affirm , that the church of england by law established under the king's majesty , is not a true and an apostolical church , teaching and maintaining the doctrine of the apostles : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of this his wicked errour . iv. impugners of the publick worship of god established in the church of england , censured . whosoever shall hereafter affim , that the form of god's worship in the church of england , established by law , and contained in the book of common prayer and administration of sacraments , is a corrupt , superstitious , or unlawful worship of god , or containeth any thing in it that is repugnant to the scriptures : let him be excommunicated ipso facto , and not restored , but by the bishop of the place , or archbishop , after his repentance and publick revocation of such his wicked errors . v. impugners of the articles of religion established in the church of england , censured . whosoever shall hereafter affirm , that any of the nine and thirty articles agreed upon by the archbishops and bishops of both provinces , and the whole clergy in the convocation holden at london , in the year of our lord god , one thousand five hundred sixty two , for avoiding diversities of opinions , and for the establishing of consent touching true religion , are in any part superstitious or erroneous , or such as he may not with a good conscience subscribe unto : let him be excommunicated ipso facto , and not restored , but only by the archbishop , after his repentance and publick revocation of such his wicked errors . vi. impugners of the rites and ceremonies established in the church of england , censured . whosoever shall hereafter affirm , that the rites and ceremonies of the church of england by law established , are wicked , antichristian , or superstitious , or such as being commanded by lawful authority , men who are zealously and godly affected , may not with any good conscience approve them , use them , or as occasion requireth , subscribe unto them : let him be excommunicated ipso facto , and not restored until he repent , and publickly revoke such his wicked errors . vii . impugners of the government of the church of england by archbishops , bishops , &c. censured . whosoever shall hereafter affirm , that the government of the church of england under his majesty by archbishops , bishops , deans , archdeacons , and the rest that bear office in the same , is antichristian , or repugnant to the word of god : let him be excommunicated ipso facto , and so continue until he repent , and publickly revoke such his wicked errors . viii . impugners of the form of consecrating and ordering archbishops , bishops , &c. in the church of england , censured . whosoever shall hereafter affirm or teach , that the form and manner of making and consecrating bishops , priests and deacons , containeth any thing in it , that is repugnant to the word of god ; or that they who are made bishops , priests or deacons in that form , are not lawfully made , nor ought to be accounted either by themselves or others ; to be truly either bishops , priests or deacons , until they have some other calling to those divine offices : let him be excommunicated ipso facto , not to be restored until he repent , and publickly revoke such his wicked errors . ix . authors of schism in the church of england , censured . whosoever shall hereafter separate themselves from the communion of saints , as it is approved by the apostles rules in the church of england , and combine themselves together in a new brother-hood , accompting the christians who are conformable to the doctrine , government , rites and ceremonies of the church of england , to be prophane and unmeet for them to joyn with in christian profession : let them be excommunicated ipso facto ; and not restored , but by the archbishop , after their repentance and publick revocation of such their wicked errors . x. maintainers of schismaticks in the church of england , censured . whosoever shall hereafter affirm , that such ministers as refuse to subscribe to the form and manner of god's worship in the church of england , prescribed in the communion book , and their adherents , may truly take unto them the name of another church not established by law , and dare presume to publish it , that this their pretended church hath of long time groaned under the burthen of certain grievances imposed upon it , and upon the members thereof before mentioned , by the church of england , and the orders and constitutions therein by law established : let them be excommunicated , and not restored until they repent , and pulickly revoke such their wicked errors . xi . maintainers of conventicles , censured . whosoever shall hereafter affirm or maintain , that there are within this realm other meetings , assemblies or congregations , of the king 's born subjects , than such as by the laws of this land are held and allowed , which may rightly challenge to themselves the name of true and lawful churches : let him be excommunicated , and not restored , but by the archbishop , after his repentance , and publick revocation of such his wicked errors . xii . maintainers of constitutions made in conventicles , censured . whosoever shall hereafter affirm , that it is lawful for any sort of ministers and lay-persons , or of either of them , to joyn together , and make rules , orders , or constitutions in causes ecclesiastical , without the king's authority , and shall submit themselves to be ruled and governed by them : let them be excommunicated ipso facto , and not be restored until they repent , and publickly revoke those their wicked and anabaptistical errors . of divine service , and administration of the sacraments . xiii . due celebration of sundays and holy-days . all manner of persons within the church of england , shall from henceforth celebrate and keep the lord's day , commonly called sunday , and other holy-days , according to god's holy will and pleasure , and the orders of the church of england , prescribed in that behalf ; that is , in hearing the word of god read and taught , in private and publick prayers ; in acknowledging their offences to god , and amendment of the same , in reconciling themselves charitably to their neighbours , where displeasure hath been , in oftentimes receiving the communion of the body and blood of christ , in visiting of the poor and sick , using all godly and sober conversation . xiv . the prescript form of divine service to be used on sundays and holy-days . the common prayer shall be said or sung distinctly and reverently upon such days as are appointed to be kept holy by the book of common-prayer , and their eves , and at convenient and usual times of those days , and in such place of every church as the bishop of the doicess , or ecclesiastical ordinary of the place shall think meet for the largeness or straitness of the same , so as the people may be most edified . all ministers likewise shall observe the orders , rites , and ceremonies prescribed in the book of common-prayer , as well in reading the holy scriptures , and saying of prayers , as in administration of the sacraments , without either diminishing in regard of preaching , or in any other respect , or adding any thing in the matter or form thereof . xv. the letany to be read on wednesdays and fridays . the letany shall be said or sung when , and as it is set down in the book of common-prayer , by the parsons , vicars , ministers , or curats , in all cathedral , collegiate , parish churches and chapels , in some convenient place , according to the discretion of the bishop of the diocess , or ecclesiastical ordinary of the place . and that we may speak more particularly , upon wednesdays and fridays weekly , though they be not holydays , the minister at the accustomed hours of service , shall resort to the church and chapel , and warning being given to the people by tolling of a bell , shall say the letany prescribed in the book of common-prayer : whereunto we wish every housholder dwelling within half a mile of the church , to come or send one at the least of his houshold fit to joyn with the minister in prayers . xvi . colledges to use the prescript form of divine service . in the whole divine service , and administration of the holy communion , in all colledges and halls in both universities , the order , form and ceremonies , shall be duly observed , as they are set down and prescribed in the book of common-prayer , without any omission or alteration . xvii . students in colledges to wear surplices in time of divine service . all masters and fellows of colledges or halls , and all the scholars and students in either of the universities , shall in their churches and chapels upon all sundays , holydays , and their eves , at the time of divine service , wear surplices according to the order of the church of england : and such as are graduats , shall agreeably wear with their surplices such hoods as do severally appertain unto their degrees . xviii . a reverence and attention to be used within the church in time of divine service . in the time of divine service , and of every part thereof , all due reverence is to be used , for it is according to the apostle's rule , let all things be done decently , and according to order : answerable to which decency and order , we judge these our directions following ; no man shall cover his head in the church or chapel in the time of divine service , except he have some infirmity ; in which case , let him wear a night-cap or coif . all manner of persons then present , shall reverently kneel upon their knees when the general confession , letany , and other prayers are read ; and shall stand up at the saying of the belief , according to the rules in that behalf prescribed in the book of common-prayer : and likewise when in time of divine service the lord jesus shall be mentioned , due and lowly reverence shall be done by all persons present , as it hath been accustomed ; testifying by these outward ceremonies and gestures , their inward humility , christian resolution , and due acknowledgement , that the lord jesus christ , the true eternal son of god , is the only saviour of the world , in whom alone all the mercies , graces and promises of god to mankind , for this life and the life to come , are fully and wholly comprized . none , either man , woman or child , of what calling soever , shall be otherwise at such times busied in the church , than in quiet attendance to hear , mark and understand that which is read , preached or ministred ; saying in their due places audibly with the minister , the confession , the lord's prayer and the creed ; and making such other answers to the publick prayers , as are appointed in the book of common-prayer : neither shall they disturb the service or sermon by walking or talking , or any other way , nor depart out of the church during the time of service or sermon , without some urgent or reasonable cause . xix . loyterers not to be suffered near the church in time of divine service . the church-wardens or quest-men , and their assistants , shall not suffer any idle persons to abide either in the church-yard or church-porch , during the time of divine service or preaching ; but shall cause them either to come in , or to depart . xx. bread and wine to be provided against every communion . the church-wardens of every parish against the time of every communion , shall at the charge of the parish , with the advice and direction of the minister , provide a sufficient quantity of fine white bread , and of good and wholesom wine for the number of communicants that shall from time to time receive there : which wine we require to be brought to the communion table in a clean and sweet standing pot , or stoop of pewter , if not of purer metal . xxi . the communion to be thrice a-year received . in every parish church and chapel where sacraments are to be administred within this realm , the holy communion shall be ministred by the parson , vicar , or minister , so often , and at such times as every parishioner may communicate , at the least thrice in the year ( whereof the feast of easter to be one ) according as they are appointed by the book of common-prayer . provided , that every minister as oft as he administreth the communion , shall first receive that sacrament himself . furthermore , no bread or wine newly brought shall be used ; but first the words of institution shall be rehearsed when the said bread and wine be present upon the communion table . likewise the minister shall deliver both the bread and the wine to every communicant severally . xxii . warning to be given beforehand for the communion . vvhereas every lay person is bound to receive the holy communion thrice every year , and many notwithstanding do not receive that sacrament once in a year : we do require every minister to give warning to his parishioners publickly in the church at morning prayer , the sunday before every time of his administring that holy sacrament , for their better preparation of themselves : which said warning we enjoyn the said parishioners to accept and obey , under the penalty and danger of the law. xxiii . students in colledges to receive the communion four times a-year . in all colledges and halls within both the universities , the masters and fellows , such especially as have any pupils , shall be careful that all their said pupils , and the rest that remain amongst them , be well brought up , and throughly instructed in points of religion , and that they do diligently frequent publick service , and sermons , and receive the holy communion ; which we ordain to be administred in all such colledges and halls , the first and second sunday of every month , requiring all the said masters , fellows , and scholars , and all the rest of the students , officers , and all other the servants there so to be ordered , that every one of them shall communicate four times in the year at the least , kneeling reverently and decently upon their knees , according to the order of the communion book prescribed in that behalf . xxiv . copes to be worn in cathedral churches by those that administer the communion . in all cathedral and collegiate churches , the holy communion shall be administred upon principal feast-days , sometimes by the bishop , if he be present , and sometimes by the dean , and at some times by a canon , or prebendary , the principal minister using a decent cope , and being assisted with the gospeller and epistler agreeably , according to the advertisements published ann. elizabethae : the said communion to be administred at such times , and with such limitation as is specified in the book of common-prayer . provided , that on such limitation by any construction shall be allowed of , but that all deans , wardens , masters , or heads of cathedral and collegiate churches , prebendaries , canons , vicars , petty canons , singing-men , and all others of the foundation , shall receive the communion four times yearly at the least . xxv . surplices and hoods to be worn in cathedral churches when there is no communion . in the time o` divine service and prayers in all cathedral and collegiate churches , when there is no communion , it shall be sufficient to wear surplices : saving that all deans , masters and heads of collegiate churches , canons and prebendaries being graduats , shall daily at the times both of prayer and preaching , wear with their surplices such hoods as are agreeable to their degrees . xxvi . notorious offenders not to be admitted to the communion . no minister shall in any wise admit to the receiving of the holy communion , any of his cure or flock which be openly known to live in sin notorious without repentance , nor any who have maliciously and openly contended with their neighbours , until they shall be reconciled : nor any churchwardens or side-men , who having taken their oaths to present to their ordinaries all such publick offences as they are particularly charged to enquire of in their several parishes , shall ( notwithstanding their said oaths , and that their faithful discharging of them is the chief means whereby publick sins and offences may be reformed and punished ) wittingly and willingly , desperately and irreligiously incur the horrible crime of perjury , either in neglecting or in refusing to present such of the said enormities and publick offences , as they know themselves to be committed in their said parishes , or are notoriously offensive to the congregation there , although they be urged by some of their neighbours , or by their minister , or by their ordinary himself , to discharge their consciences by presenting of them , and not to incur so desperately the said horrible sin of perjury . xxvii . schismaticks not to be admitted to the communion . no minister when he celebrateth the communion , shall wittingly administer the same to any but to such as kneel , under pain of suspension , nor under the like pain to any that refuse to be present at publick prayers , according to the orders of the church of england , nor to any that are common and notorious depravers of the book of common-prayer , and administration of the sacraments , and of the orders , rites , and ceremonies therein prescribed , or of any thing that is contained in any of the articles agreed upon in the convocation , one thousand five hundred sixty and two , or of any thing contained in the book of ordering priests and bishops , or to any that have spoken against and depraved his majesty's sovereign authority in causes ecclesiastical ; except every such person shall first acknowledge to the minister before the church-wardens , his repentance for the same , and promise by word ( if he cannot write ) that he will do so no more ; and except ( if he can write ) he shall first do the same under his hand-writing , to be delivered to the minister , and by him sent to the bishop of the diocess , or ordinary of the place . provided , that every minister so repelling any ( as is specified either in this or in the next precedent constitution ) shall upon complaint , or being required by the ordinary , signifie the cause thereof unto him , and therein obey his order and direction . xxviii . strangers not to be admitted to the communion . the church-wardens or quest-men , and their assistants , shall mark as well as the minister , whether all and every of the parishioners come so often every year to the holy communion , as the laws and our constitutions do require : and whether any strangers come often and commonly from other parishes to their church , and shall shew their minister of them , lest perhaps they be admitted to the lord's table amongst others , which they shall forbid , and remit such home to their own parish churches and ministers , there to receive the communion with the rest of their own neighbours . xxix . fathers not to be godfathers in baptism , nor children not communicants . no parent shall be urged to be present , nor be admitted to answer as godfather for his own child : nor any godfather or godmother shall be suffered to make any other answer or speech , than by the book of common-prayer is prescribed in that behalf : neither shall any person be admitted godfather or godmother to any child at christening or confirmation , before the said person so undertaking hath received the holy communion . xxx . the lawful use of the cross in baptism explained . vve are sorry that his majesty's most princely care and pains taken in the conference at hampton court , amongst many other points , touching this one of the cross in baptism , hath taken no better effect with many , but that still the use of it in baptism is so greatly stuck at and impugned . for the further declaration therefore of the true use of this ceremony , and for the removing of all such scruple as might any ways trouble the consciences of them who are indeed rightly religious , following the royal steps of our most worthy king , because he therein followeth the rules of the scriptures , and the practice of the primitive church ; we do commend to all the true members of the church of england , these our directions and observations ensuing . first , it is to be observed , that although the jews and ethnicks derided both the apostles , and the rest of the christians , for preaching and believing in him who was crucified upon the cross ; yet all , both apostles and christians , were so far from being discouraged from their profession by the ignominy of the cross , as they rather rejoyced and triumphed in it . yea , the holy ghost , by the mouths of the apostles , did honour the name of the cross ( being hateful among the jews ) so far , that under it he comprehended not only christ crucified , but the force , effects and merits of his death and passion , with all the comforts , fruits and promises which we receive or expect thereby . secondly , the honour and dignity of the name of the cross , begat a reverend estimation even in the apostle's times , ( for ought that is known to the contrary ) of the sign of the cross , which the christians shortly after used in all their actions , thereby making an outward shew and profession , even to the astonishment of the jews , that they were not ashamed to acknowledge him for their lord and saviour , who died for them upon the cross. and this sign they did not only use themselves with a kind of glory , when they met with any jews , but signed therewith their children when they were christened , to dedicate them by that badge to his service , whose benefits bestowed upon them in baptism , the name of the cross did represent . and this use of the sign of the cross in baptism was held in the primitive church , as well by the greeks as the latins , with one consent and great applause . at what time , if any had opposed themselves against it , they would certainly have been censured as enemies of the name of the cross , and consequently of christ's merits , the sign whereof they could no better endure . this continual and general use of the sign of the cross , is evident by many testimonies of the ancient fathers . thirdly , it must be confessed , that in process of time the sign of the cross was greatly abused in the church of rome , especially after that corruption of popery had once possessed it . but the abuse of a thing doth not take away the lawful use of it . nay , so far was it from the purpose of the church of england to forsake and reject the churches of italy , france , spain , germany , or any such like churches , in all things which they held and practised , that , as the apology of the church of england confesseth , it doth with reverence retain those ceremoni●s which do neither endamage the church of god , nor offend the minds of sober men : and only departed from them in those particular points , wherein they were fallen both from themselves in their ancient integrity , and from the apostolical churches which were their first founders . in which respect , amongst some other very ancient ceremonies , the sign of the cross in baptism hath been retained in this church , both by the judgment and practice of those reverend fathers and great divines in the days of king edward the sixth , of whom some constantly suffered for the profession of the truth ; and others being exiled in the time of queen mary , did after their return , in the beginning of the reign of our late dread sovereign , continually defend and use the same . this resolution and practice of our church hath been allowed and approved by the censure upon the communion book , in king edward the sixth his days , and by the harmony of confessions of later years : because indeed the use of this sign in baptism was ever accompanied here with such sufficient cautions and exceptions against all popish superstition and error , as in the like cases are either fit or convenient . first , the church of england since the abolishing of popery hath ever held and taught , and so doth hold and teach still , that the sign of the cross used in baptism , is no part of the substance of that sacrament : for when the minister dipping the infant in water , or laying water upon the face of it , ( as the manner also is ) hath pronounced these words , i baptize thee in the name of the father , and of the son , and of the holy ghost , the infant is fully and perfectly baptized . so as the sign of the cross being afterwards used , doth neither add any thing to the virtue and perfection of baptism , nor being omitted doth detract any thing from the effect and substance of it . secondly , it is apparent in the communion-book , that the infant baptized is by virtue of baptism , before it be signed with the sign of the cross , received into the congregation of christ's flock , as a perfect member thereof , and not by any power ascribed unto the sign of the cross. so that for the very remembrance of the cross , which is very precious to all them that rightly believe in jesu christ , and in the other respects mentioned , the church of england hath retained still the sign of it in baptism : following therein the primitive and apostolical churches , and accounting it a lawful outward ceremony and honourable badge , whereby the infant is dedicated to the service of him that died upon the cross , as by the words used in the book of common prayer , it may appear . lastly , the use of the sign of the cross in baptism , being thus purged from all popish superstition and error , and reduced in the church of england to the primary institution of it , upon those true rules of doctrine concerning things indifferent , which are consonant to the word of god , and the judgments of all the ancient fathers , we hold it the part of every private man , both minister and other , reverently to retain the true use of it prescribed by publick authority considering that things of themselves indifferent , do in some sort alter their natures , when they are either commanded or forbidden by a lawful magistrate , and may not be omitted at every man's pleasure contrary to the law , when they be commanded , nor used when they are prohibited . ministers , their ordination , function and charge . xxxi . four solemn times appointed for the making of ministers . forasmuch as the ancient fathers of the church , led by example of the apostles , appointed prayers and fasts to be used at the solemn ordering of ministers ; and to that purpose allotted certain times , in which only sacred orders might be given or conferred : we , following their holy and religious example , do constitute and decree , that no deacons or ministers be made and ordained , but only upon the sundays immediately following jejunia quatuor temporum , commonly called ember-weeks , appointed in ancient time for prayer and fasting , ( purposely for this cause at their first institution ) and so continued at this day in the church of england . and that this be done in the cathedral or parish-church where the bishop resideth , and in the time of divine service , in the presence not only of the arch-deacon , but of the dean and two prebendaries at the least , or ( if they shall happen by any lawful cause to be lett or hindred ) in the presence of four other grave persons , being masters of arts at the least , and allowed for publick preachers . xxxii . none to be made deacon and minister both in one day . the office of deacon being a step or degree to the ministery , according to the judgment of the ancient fathers , and the practice of the primitive church ; we do ordain and appoint , that hereafter no bishop shall make any person , of what qualities or gifts soever , a deacon and a minister both together upon one day ; but that the order in that behalf prescribed in the book of making and consecrating bishops , priests and deacons , be strictly observed . not that always every deacon should be kept from the ministery for a whole year , when the bishop shall find good cause to the contrary ; but that there being now four times appointed in every year for the ordination of deacons and ministers , there may ever be some time of trial of their behaviour in the office of deacon , before they be admitted to the order of priesthood . xxxiii . the titles of such as are to be made ministers . it hath been long since provided by many decrees of the ancient fathers , that none should be admitted either deacon or priest , who had not first some certain place where he might use his function . according to which examples we do ordain , that henceforth no person shall be admitted into sacred orders , except he shall at that time exhibit to the bishop of whom he desireth imposition of hands , a presentation of himself to some ecclesiastical preferment then void in that diocess : or shall bring to the said bishop a true and undoubted certificate , that either he is provided of some church within the said diocess , where he may attend the cure of souls , or of some ministers place vacant , either in the cathedral church of that diocess , or in some other collegiate church therein also situate , where he may execute his ministery : or that he is a fellow , or in right as a fellow , or to be a conduct or chaplain in some colledge in cambridge or oxford : or except he be a master of arts of five years standing , that liveth of his own charge in either of the universities : or except by the bishop himself , that doth ordain him minister , he be shortly after to be admitted either to some benefice or curatship then void . and if any bishop shall admit any person into the ministery that hath none of these titles , as is aforesaid , then he shall keep and maintain him with all things necessary , till he do prefer him to some ecclesiastical living . and if the said bishop shall refuse so to do , he shall be suspended by the archbishop , being assisted with another bishop , from giving of orders by the space of a year . xxxiv . the quality of such as are to be made ministers . no bishop shall henceforth admit any person into sacred orders , which is not of his own diocess , except he be either of one of the universities of this realm , or except he shall bring letters dimissory ( so termed ) from the bishop of whose diocess he is , and desiring to be a deacon , is three and twenty years old , and to be a priest , four and twenty years compleat , and hath taken some degree of school in either of the said universities , or at the least , except he be able to yield an account of his faith in latin , according to the articles of religion approved in the synod of the bishops and clergy of this realm , one thousand five hundred sixty and two , and to confirm the same by sufficient testimonies out of the holy scriptures : and except moreover , he shall then exhibit letters testimonial of his good life and conversation , under the seal of some college of cambridge or oxford , where before he remained , or of three or four grave ministers , together with the subscription and testimony of other credible persons , who have known his life and behaviour by the space of three years next before . xxxv . the examination of such as are to be made ministers . the bishop before he admit any person to holy orders , shall diligently examine him in the presence of those ministers that shall assist him at the imposition of hands : and if the said bishop have any lawful impediment , he shall cause the said ministers carefully to examine every such person so to be ordered . provided that they who shall assist the bishop in examining and laying on of hands , shall be of his cathedral church , if they may conveniently be had , or other sufficient preachers of the same diocess , to the number of three at the least : and if any bishop or suffragan shall admit any to sacred orders , who is not so qualified and examined , as before we have ordained , the archbishop of his province having notice thereof , and being assisted therein by one bishop , shall suspend the said bishop or suffragan so offending , from making either deacons or priests for the space of two years . xxxvi . subscription required of such as are to be made ministers . no person shall hereafter be received into the ministery , nor either by institution or collation admitted to any ecclesiastical living , nor suffered to preach , to catechize , or to be a lecturer or reader of divinity in either university , or in any cathedral or collegiate church , city or market-town , parish-church , chapel , or in any other place within this realm , except he be licensed either by the archbishop , or by the bishop of the diocess , ( where he is to be placed ) under their hands and seals , or by one of the two universities under their seal likewise ; and except he shall first subscribe to these three articles following , in such manner and sort as we have here appointed . . that the king's majesty under god , is the only supream governour of this realm , and of all other his highness dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal , and that no foreign prince , person , prelate , state or potentate , hath or ought to have any jurisdiction , power , superiority , preheminence or authority ecclesiastical or spiritual , within his majesty's said realms , dominions and countries . . that the book of common-prayer , and of ordering of bishops , priests and deacons , containeth in it nothing contrary to the word of god , and that it may lawfully so be used , and that he himself will use the form in the said book prescribed in publick prayer , and administration of the sacraments , and none other . . that he alloweth the book of articles of religion agreed upon by the archbishops , and bishops of both provinces , and the whole clergy in the convocation holden at london in the year of our lord god , one thousand five hundred sixty and two : and that he acknowledgeth all and every the articles therein contained , being in number nine and thirty , besides the ratification , to be agreeable to the word of god. to these three articles whosoever will subscribe , he shall for the avoiding of all ambiguities , subscribe in this order and form of words , setting down both his christian and sirname , viz. in. n. do willingly and ex animo subscribe to these three articles above-mentioned , and to all things that are contained in them . and if any bishop shall ordain , admit or license any , as is aforesaid , except he first have subscribed in manner and form as here we have appointed , he shall be suspended from giving of orders and licences to preach for the space of twelve months . but if either of the universities shall offend therein , we leave them to the danger of the law , and his majesty's censure . xxxvii . subscription before the diocesan . none licensed , as is aforesaid , to preach , read lecture , or catechise , coming to reside in any diocess , shall be permitted there to preach , read lecture , catechise or minister the sacraments , or to execute any other ecclesiastical function , by what authority soever he be thereunto admitted ) unless he first consent and subscribe to the three articles before mentioned , in the presence of the bishop of the diocess , wherein he is to preach , read lecture , catechise or administer the sacraments , as aforesaid . xxxviii . revolters after subscription , censured . if any minister , after he hath once subscribed to the said three articles , shall omit to use the form of prayer , or any of the orders or ceremonies prescribed in the communion-book , let him be suspended : and if after a month he do not reform and submit himself , let him be excommunicated : and then if he shall not submit himself within the space of another month , let him be deposed from the ministery . xxxix . cautions for institution of ministers into benefices . no bishop shall institute any to a benefice , who hath been ordained by any other bishop , except he first shew unto him his letters of orders , and bring him a sufficient testimony of his former good life and behaviour , if the bishop shall require it : and lastly , shall appear upon due examination to be worthy of his ministery . xl. an oath against simony at institution into benefices . to avoid the detestable sin of simony , because buying and selling of spiritual and ecclesiastical functions , offices , promotions , dignities and livings , is execrable before god ; therefore the arch-bishop , and all and every bishop or bishops , or any other person or persons , having authority to admit , institute , collate , install , or to confirm the election of any archbishop , bishop , or other person or persons to any spiritual or ecclesiastical function , dignity , promotion , title , office , jurisdiction , place or benefice , with cure or without cure , or to any ecclesiastical living whatsoever , shall before every such admission , institution , collation , installation or confirmation of election , respectively minister to every person hereafter to be admitted , instituted , collated , installed or confirmed in or to any archbishoprick , bishoprick , or other spiritual or ecclesiastical function , dignity , promotion , title , jurisdiction , place or benefice with cure or without cure , or in or to any ecclesiastical living whatsoever , this oath in manner and form following , the same to be taken by every one whom it concerneth in his own person , and not by a proctor : in. n. do swear , that i have made no simoniacal payment , contract or promise , directly or indirectly , by my self or by any other to my knowledge or with my consent , to any person or persons whatsoever , for or concerning the procuring and obtaining of this ecclesiastical dignity , place , preferment , office or living , ( respectively and particularly naming the same whereunto he is to be admitted , instituted , collated , installed or confirmed ) nor will at any time hereafter perform or satisfie any such kind of payment , contract or promise made by any other without my knowledge or consent : so help me god through jesus christ. xli . licences for plurality of benefices limited , and residence enjoined . no licence or dispensation for the keeping of more benfices with cure than one , shall be granted to any , but such only as shall be thought very well worthy for his learning , and very well able and sufficient to discharge his duty , that is , who shall have taken the degrce of a master of arts at the least in one of the universities of this realm , and be a publick and sufficient preacher licensed . provided always , that he be by a good and sufficient caution bound to make his personal residence in each his said benefices for some reasonable time in every year : and that the said benefices be not more than thirty miles distant asunder : and lastly , that he have under him in the benefice where he doth not reside , a preacher lawfully allowed , that is able sufficiently to teach and instruct the people . xlii . residence of deans in their churches . every dean , master or warden , or chief governour of any cathedral or collegiate church , shall be resident in his said cathedral or collegiate church fourscore and ten days conjunction or divisim in every year at the least , and then shall continue there in preaching the word of god , and keeping good hospitality , except he shall be otherwise let with weighty and urgent causes to be approved by the bishop of the diocess , or in any other lawful sort dispensed with . and when he is is present , he , with the rest of the canons or prebendaries resident , shall take special care , that the statutes and laudable customs of their church , ( not being contrary to the word of god , or prerogative royal ) the statutes of this realm being in force concerning ecclesiastical order , and all other constitutions now set forth and confirmed by his majesty's authority , and such as shall be lawfully enjoyned by the bishop of the diocess , in his visitation , according to the statutes and customs of the same church , or the ecclesiastical laws of this realm , be diligently observed , and that the petty canons , vicars choral , and other ministers of their church , be urged to the study of the holy scriptures ; and every one of them to have the new testament not only in english , but also in latin. xliii . deans and prebendaries to preach during their residence . the dean , master , warden or chief governour , prebendaries and canons in every cathedral and collegiate church shall not only preach there in their own persons so often as they are bound by law , statute , ordinance or custom , but shall likewise preach in other churches of the same diocess where they are resident , and especially in those places whence they or their church receive any yearly rents or profits . and in case they themselves be sick , or lawfully absent , they shall substitute such licensed preachers to supply their turns , as by the bishop of the diocess shall be thought meet to preach in cathedral churches . and if any otherwise neglect or omit to supply his course , as is aforesaid , the offender shall be punished by the bishop , or by him or them to whom the jurisdiction of that church appertaineth , according to the quality of the offence . xliv . prebendaries to be resident upon their benefices . no prebendaries nor canons in cathedral or collegiate churches , having one or more benefices with cure , ( and not being residentiaries in the same cathedral or collegiate churches ) shall under colour of their said prebends , absent themselves from their benefices with cure above the space of one month in the year , unless it be for some urgent cause , and certain time to be allowed by the bishop of the diocess . and such of the said canons and prebendaries as by the ordinances of the cathedral or collegiate churches do stand bound to be resident in the same , shall so among themselves sort and proportion the times of the year , concerning residence to be kept in the said churches , as that some of them always shall be personally resident there : and that all those who be , or shall be residentiaries in any cathedral or collegiate church , shall after the days of their residency appointed by their local statutes or customs expired , presently repair to their benefices , or some one of them , or to some other charge where the law requireth their presence there to discharge their duties according to the laws in that case provided . and the bishop of the diocess shall see the same to be duly performed and put in execution . xlv . beneficed preachers being resident upon their livings , to preach every sunday . every beneficed man allowed to be a preacher , and residing on his benefice , having no lawful impediment , shall in his own cure , or in some other church or chappel where he may conveniently , near adjoyning ( where no preacher is ) preach one sermon every sunday of the year , wherein he shall soberly and sincerely divide the word of truth to the glory of god , and to the best edification of the people . xlvi . beneficed men , not preachers , to procure monthly sermons . every beneficed man , not allowed to be a preacher , shall procure sermons to be preached in his cure once in every month at the least , by preachers lawfully licensed , if his living in the judgment of the ordinary , will be able to bear it . and upon every sunday when there shall not be a sermon preached in his cure , he or his curate shall read some one of the homilies prescribed , or to be prescribed by authority to the intents aforesaid . xlvii . absence of beneficed men to be supplied by curates that are allowed preachers . every beneficed man licensed by the laws of this realm , upon urgent occasions of other service not to reside upon his benefice , shall cause his cure to be supplied by a curate that is a sufficient and licensed preacher , if the worth of the benefice will bear it . but whosoever hath two benefices shall maintain a preacher licensed , in the benefice where he doth not reside , except he preach himself at both of them usually . xlviii . none to be curates but allowed by the bishop . no curate or minister shall be permitted to serve in any place , without examination and admission of the bishop of the diocess or ordinary of the place having episcopal jurissdiction , in writing under his hand and seal , having respect to the greatness of the cure , and meetness of the party . and the said curates and ministers , if they remove from one diocess to another , shall not be by any means admitted to serve without testimony of the bishop of the diocess , or ordinary of the place as aforesaid , whence they came , in writing , of their honesty , ability , and conformity to the ecclesiastical laws of the church of england . nor any shall serve more than one church or chapel upon one day , except that chapel be a member of the parish church , or united thereunto ; and unless the said church or chapel where such a minister shall serve in two places , be not able in the judgment of the bishop or ordinary as aforesaid , to maintain a curate . xlix . ministers not allowed preachers may not expound . no person whatsoever not examined and approved by the bishop of the diocess , or not licensed as is aforesaid , for a sufficient or convenient preacher , shall take upon him to expound in his own cure or elsewhere , any scripture or matter of doctrine , but shall only study to read plainly and aptly ( without glossing or adding ) the homilies already set forth , or hereafter to be published by lawful authority , for the confirmation of the true faith , and for the good instruction and edification of the people . l. strangers not admitted to preach without shewing their licence . neither the minister , church wardens , nor any other officers of the church , shall suffer any man to preach within their churches or chapels , but such as by shewing their licence to preach , shall appear unto them to be sufficiently authorized thereunto , as is aforesaid . li. strangers not admitted to preach in cathedral churches without sufficient authority . the deans , presidents , and residentiaries of any cathedral or collegiate church , shall suffer no stranger to preach unto the people in their churches , except they be allowed by the archbishop of the province , or by the bishop of the same diocess , or by either of the universities . and if any in his sermon shall publish any doctrine , either strange or disagreeing from the word of god , or from any of the articles of religion agreed upon in the convocation house , anno . or from the book of common prayers , the dean or the residents shall by their letters subscribed with some of their hands that heard him , so soon as may be , give notice of the same to the bishop of the diocess , that he may determine the matter , and take such order therein as he shall think convenient . lii . the names of strange preachers to be noted in a book . that the bishop may understand ( if occasion so require ) what sermons are made in every church of his diocess , and who presume to preach without licence , the church-wardens and side-men shall see that the names of all preachers which come to their church from any other place , be noted in a book , which they shall have ready for that purpose : wherein every preacher shall subscribe his name , the day wherein he preached , and the name of the bishop of whom he had licence to preach . liii . no publick opposition between preachers . if any preacher shall in the pulpit particularly , or namely of purpose , impugn or confute any doctrine delivered by any other preacher in the same church , or in any church near adjoyning , before he hath acquainted the bishop of the diocess therewith , and received order what to do in that case , because upon such publick and dissenting and contradicting , there may grow much offence and disquietness unto the people : the church-wardens or party grieved shall forthwith signifie the same to the said bishop , and not suffer the said preacher any more to occupy that place which he hath once abused , except he faithfully promise to forbear all such matter of contention in the church until the bishop hath taken further order therein : who shall with all convenient speed so proceed therein , that publick satisfaction may be made in the congregation where the offence was given . provided , that if either of the parties offending do appeal , he shall not be suffered to preach pendentelite . liv. the licences of preachers refusing conformity , to be void . if any man licensed heretofore to preach , by any archbishop , bishop , or by either of the universities , shall at any time from henceforth refuse to conform himself to the laws , ordinances , and rites ecclesiastical established in the church of england , he shall be admonished by the bishop of the diocess , or ordinary of the place , to submit himself to the use and due exercise of the same . and if after such admonition , he do not conform himself within the space of one month , we determine and decree , that the licence of every such preacher shall thereupon be utterly void and of none effect . lv. the form of a prayer to be used by all preachers before their sermons . before all sermons , lectures and homilies , the preachers and ministers shall move the people to joyn with them in prayer , in this form or to this effect , as briefly as conveniently they may . ye shall pray for christ's holy catholick church , that is , for the whole congregation of christian people dispersed throughout the whole world , and especially for the churches of england , scotland and ireland . and herein i require you most especially to pray for the kings most excellent majesty , our soveraingn lord iames , king of england , scotland , france , and ireland , defender of the faith , and supream governor in these his realms , and all other his dominions and countreys , over all persons , in all causes , as well ecclesiastical as temporal . ye shall also pray for our gracious queen anne , the noble prince henry , and the rest of the king and queens royal issue . ye shall also pray for the ministers of gods holy word and sacraments , as well archbishops and bishops , as other pastors and curates . ye shall also pray for the kings most honourable council , and for all the nobility and magistrates of this realm , that all and every of these in their several callings , may serve truly and painfully to the glory of god , and the edifying and well governing of his people , remembring the account that they must make . also ye shall pray for the whole commons of this realm , that they may live in the true faith and fear of god , in humble obedience to the king , and brotherly charity one to another . finally let us praise god for all those which are departed out of this life in the faith of christ , and pray unto god that we may have grace to direct our lives after their good example : that this life ended , we may be made partakers with them of the glorious resurrection in the life everlasting ; always concluding with the lord's prayer . lvi . preachers and lecturers to read divine service , and administer the sacraments twice a year at the least . every minister being possessed of a benefice , that hath cure and charge of souls , although he chiefly attend to preaching , and hath a curate under him to execute the other duties which are to be performed for him in the church , and likewise every other stipendiary preacher that readeth any lecture , or catechiseth or preacheth in any church or chappel , shall twice at the least every year read himself the divine service upon two several sundays publickly , and at the usual times , both in the fore-noon and after-noon in the church which he so possesseth , or where he readeth , catechiseth , or preacheth , as is aforesaid , and shall likewise as often in every year administer the sacraments of baptism ( if there be any to be baptized ) and of the lords supper , in such manner and form , and with the observation of all such rites and ceremonies as are prescribed by the book of common-prayer in that behalf : which if he do not accordingly perform , then shall he that is possessed of a benefice ( as before ) be suspended : and he that is but a reader , preacher , or catechiser , be removed from his place by the bishop of the diocess , until he or they shall submit themselves to perform all the said duties , in such manner and sort as before is prescribed . lvii . the sacraments not to be refused at the hands of unpreaching ministers . whereas divers persons seduced by false teachers , do refuse to have their children baptized by a minister that is no preacher , and to receive the holy communion at his hands in the same respect , as though the vertue of those sacraments did depend upon his ability to preach : forasmuch as the doctrine both of baptism and of the lord's supper is so sufficiently set down in the book of common-prayer to be used at the administration of the said sacraments , as nothing can be added unto it that is material or necessary : we do require and charge every such person seduced as aforesaid , to reform that their wilfulness , and to submit himself to the order of the church in that behalf , both the said sacraments being equally effectual , whether they be ministred by a minister that is no preacher , or by one that is a preacher . and if any hereafter shall offend herein , or leave their own parish churches in that respect , and communicate , or cause their children to be baptized in other parishes abroad , and will not be moved thereby to reform that their error and unlawful course : let them be presented to the ordinary of the place by the minister , church-wardens , and side-men or quest-men of the parishes where they dwell , and there receive such punishment by ecclesiastical censures , as such obstinacy doth worthily deserve : that is , let them ( persisting in their wilfulness ) be suspended , and then after a months further obstinacy , excommunicated . and likewise if any parson , vicar , or curate , shall after the publishing hereof , either receive to the communion any such persons which are not of his own church and parish , or shall baptize any of their children , thereby strengthening them in their said errors : let him be suspended and not released thereof , until he do faithfully promise that he will not afterwards offend therein . lviii . ministers reading divine service , and administring the sacraments , to wear surplices , and graduates therewithal , hoods . every minister saying the publick prayers , or ministring the sacraments , or other rites of the church , shall wear a decent and comely surplice with sleeves , to be provided at the charge of the parish . and if any question arise touching the matter , decency , or comeliness thereof , the same shall be decided by the discretion of the ordinary . furthermore , such ministers as are graduates , shall wear upon their surplices at such times , such hoods as by the orders of the universities are agreable to their degrees , which no minister shall wear ( being no graduate ) under pain of suspension . notwithstanding it shall be lawful for such ministers as are not graduates , to wear upon their surplices instead of hoods , some decent tippet of black , so it be not silk . lix . ministers to catechize every sunday . every parson , vicar , or curate , upon every sunday and holy-day before evening prayer , shall for half an hour or more , examine and instruct the youth and ignorant persons of his parish , in the ten commandments , the articles of the belief , and in the lord's prayer : and shall diligently hear , instruct , and teach them the catechism set forth in the book of common prayer . and all fathers , mothers , masters and mistresses , shall cause their children , servants , and apprentices , which have not learned the catechism to come to the church at the time appointed , obediently to hear , and to be ordered by the minister until they have learned the same . and if any minister neglect his duty herein , let him be sharply reproved upon the first complaint , and true notice thereof given to the bishop or ordinary of the place . if after submitting himself , he shall willingly offend therein again , let him be suspended . if so the third time , there being little hope that he will be therein reformed , then excommunicated , and so remain until he will be reformed . and likewise , if any of the said fathers , mothers , masters or mistresses , children , servants , or apprentices shall neglect their duties , as the one sort in not causing them to come , and the other in refusing to learn as aforesaid : let them be suspended by their ordinaries , ( if they be not children ) and if they so persist by the space of a month , then let them be excommunicated . lx. confirmation to be performed once in three years . forasmuch as it hath been a solemn , ancient , and laudable custom in the church of god , continued from the apostles times , that all bishops should lay their hands upon children baptized and instructed in the catechism of christian religion , praying over them and blessing them , which we commonly call confirmation , and that this holy action hath been accustomed in the church in former ages , to be performed in the bishops visitation every third year : we will and appoint , that every bishop or his suffragan in his accustomed visitation , do in his own person carefully observe the said custom . and if in that year , by reason of some infirmity , he be not able personally to visit , then he shall not omit the execution of that duty of confirmation the next year after as he may conveniently . lxi . ministers to prepare children for confirmation . every minister that has cure and charge of souls , for the better accomplishing of the orders prescribed in the book of common-prayer concerning confirmation , shall take especial care , as that none shall be presented to the bishop for him to lay his hands upon , but such as can render an account of their faith according to the catechism in the said book contained . and when the bishop shall assign any time for the performance of that part of his duty , every such minister shall use his best endeavour to prepare and make able , and likewise to procure as many as he can to be then brought , and by the bishop to be confirmed . lxii . ministers not to marry any persons without banns or licence . no minister , upon pain of suspension per triennium ipso facto , shall celebrate matrimony between any persons without a faculty or licence granted by some of the persons in these our constitutions expressed , except the banns of matrimony have been first published three several sundays or holy-days in the time of divine service in the parish-churches and chapels where the said parties dwell , according to the book of common prayer . neither shall any minister , upon the like pain , under any pretence whatsoever , joyn any persons so licensed in marriage at any unseasonable times , but only between the hours of eight and twelve in the fore-noon , nor in any private place , but either in the said churches or chapels where one of them dwelleth , and likewise in time of divine service : nor when banns are thrice asked ( and no licence in that respect necessary ) before the parents or governours of the parties to be married , being under the age of twenty and one years , shall either personally , or by sufficient testimony , signifie to him their consents given to the said marriage . lxiii . ministers of exempt churches , not to marry without banns or licence . every minister who shall hereafter celebrate marriage between any persons contrary to our said constitutions , or any part of them , under colour of any peculiar liberty or privilege claimed to appertain to certain churches and chapels , shall be suspended per triennium , by the ordinary of the place where the offence shall be committed . and if any such minister shall afterwards remove from the place where he hath committed that fault before he bo suspended , as is aforesaid , then shall the bishop of the diocess , or ordinary of the place where he remaineth , upon certificate under the hand and seal of the other ordinary from whose jurisdiction he removed , excute that censure upon him . lxiv . ministers solemnly to bid holy-days . every parson , vicar or curate , shall in his several charge declare to the people every sunday at the time appointed in the communion book , whether there be any holy-days , or fasting-days the week following . and if any do hereafter wittingly offend herein , and being once admonished thereof by his ordinary , shall again omit that duty , let him be censured according to law , until he submit himself to the due performance of it . lxv . ministers solemnly to denounce recusants and excommunicates . all ordinaries shall in their several jurisdictions carefully see and give order , that as well those who for obstinate refusing to frequent divine service established by publick authority within this realm of england , as those also ( especially of the better sort and condition ) who for notorious contumacy or other notable crimes stand lawfully excommunicate , ( unless within three months immediately after the said sentence of excommunication pronounced against them , they reform themselves , and obtain the benefit of absolution ) be every six months ensuing , as well in the parish church as in the cathedral church of the diocess , in which they remain , by the minister openly in time of divine service upon some sunday , denounced and declared excommunicate , that others may be thereby both admonished to refrain their company and society , and excited the rather to procure out a writ de excommunicato capiendo , thereby to bring and reduce them into due order , and obedience . likewise the register of every ecclesiastical court , shall yearly between michaelmas and christmas , duly certifie the archbishop of the province of all and singular the premises aforesaid . lxvi . ministers to confer with recusants . every minister being a preacher , and having any popish recusant or recusants in his parish , and thought fit by the bishop of the diocess , shall labour diligently with them from time to time , thereby to reclaim them from their errors . and if he be no preacher , or not such a preacher , then he shall procure , if he can possibly , some that are preachers so qualified , to take pains with them for that purpose . if he can procure none , then he shall inform the bishop of the diocess thereof , who shall not only appoint some neighbour preacher or preachers adjoyning to take that labour upon them , but himself also ( as his important affairs will permit him ) shall use his best endeavour by instruction , persuasion , and all good means he can devise , to reclaim both them and all other within his diocess so affected . lxvii . ministers to visit the sick. vvhen any person is dangerously sick in any parish , the minister or curate ( having knowledge thereof ) shall resort unto him or her ( if the disease be not known , or probably suspected to be infectious ) to instruct and comfort them in their distress , according to the order of the communion book , if he be no preacher ; or if he be a preacher , then as he shall think most needful and convenient . and when any is passing out of this life , a bell shall be tolled , and the minister shall not then slack to do his last duty . and after the parties death ( if it so fall out ) there shall be rung no more but one short peal , and one other before the burial , and one other after the burial . lxviii . ministers not to refuse to christen or bury . no minister shall refuse or delay to christen any child according to the form of the book of common prayer , that is brought to the church to him upon sundays or holydays to be christened , or to bury any corps that is brought to the church or church-yard ( convcnient warning being given him thereof before ) in such manner and form as is prescribed in the said book of common prayer . and if he shall refuse to christen the one or bury the other , except the party deceased were denounced excommunicated majori excommunicatione , for some grievous and notorious crime , ( and no man able to testifie of his repentance ) he shall be suspended by the bishop of the diocess from his ministery by the space of three months . lxix . ministers not to defer christening , if the child be in danger . if any minister being duly without any manner of collusion , informed of the weakness and danger of death of any infant unbaptized in his parish , and thereupon desired to go or come to the place where the said infant remaineth , to baptize the same , shall either wilfully refuse so to do , or of purpose , or of gross negligence shall so defer the time , as when he might conveniently have resorted to the place , and have baptized the said infant , it dieth through such his default unbaptized ; the said minister shall be suspended for three months , and before his restitution shall acknowledge his fault , and promise before his ordinary , that he will not wittingly incur the like again . provided , that where there is a curate or a substitute , this constitution shall not extend to the parson or vicar himself , but to the curate or substitute present . lxx . ministers to keep a register of christenings , weddings and burials . in every parish church and chapel within this realm , shall be provided one parchment book at the charge of the parish , wherein shall be written the day and year of every christening , wedding and burial which have been in that parish since the time that the law was first made in that behalf , so far as the ancient books thereof can be procured , but especially since the beginning of the reign of the late queen . and for the safe keeping of the said book , the church-wardens at the charge of the parish , shall provide one sure coffer with three locks and keys ; whereof the one to remain with the minister , and the other two with the church-wardens severally ; so that neither the minister without the two church-wardens , nor the church-wardens without the minister , shall at any time take that book out of the said coffer . and henceforth upon every sabbath day , immediately after morning or evening prayer , the minister and church-wardens shall take the said parchment book out of the said coffer , and the minister in the presence of the church-wardens shall write and record in the said book , the names of all persons christened , together with the names and surnames of their parents , and also the names of all persons married and buried in that parish , in the week before , and the day and year of every such christening , marriage and burial : and that done , they shall lay up that book in the coffer as before : and the minister and church-wardens unto every page of that book , when it shall be filled with such inscriptions , shall subscribe their names . and the church-wardens shall once every year within one month after the five and twentieth day of march , transmit unto the bishop of the diocess , or his chancellor , a true copy of the names of all persons christened , married or buried in their parish in the year before ( ended the said five and twentieth day of march ) and the certain days and months in which , every such christening , marriage and burial was had , to be subscribed with the hands of the said minister and church-wardens , to the end the same may faithfully be preserved in the registry of the said bishop : which certificate shall be received without fee. and if the minister or church-wardens shall be negligent in performance of any thing herein contained , it shall be lawful for the bishop or his chancellor to convent them , and proceed against every of them as contemners of this our constitution . lxxi . ministers not to preach or administer the communion in private houses . no minister shall prench or administer the holy communion in any private house , except it be in times of necessity , when any being either so impotent as he cannot go to the church , or very dangerously sick , are desirous to be partakers of the holy sacrament , upon pain of suspension for the first offence , and excommunication for the second . provided , that houses are here reputed for private houses , wherein are no chapels dedicated and allowed by the ecclesiastical laws of this realm . and provided also under the pains before expressed , that no chaplains do preach or administer the communion in any other places , but in the chapels of the said houses ; and that also they do the same very seldom upon sundays and holy-days : so that both the lords and masters of the said houses and their families shall at other times resort to their own parish churches , and there receive the holy communion at the least once every year . lxxii . ministers not to appoint publick or private fasts or prophesies , or to exercise , but by authority . no minister or ministers shall without the licence and direction of the bishop of the diocess first obtained and had under his hand and seal , appoint or keep any solemn fasts , either publickly or in any private houses , other than such as by law are , or by publick authority shall be appointed , nor shall be wittingly present at any of them , under pain of suspension for the first fault , of excommunication for the second , and of deposition from the ministery for the third . neither shall any minister not licensed , as is aforesaid , presume to appoint or hold any meetings for sermons , commonly termed by some prophesies or exercises , in market-towns or other places , under the said pains : nor without such licence to attempt upon any pretence whatsoever , either of possession or obsession , by fasting and prayer to cast out any devil or devils , under pain of the imputation of imposture or cozenage , and deposition from the ministery . lxxiii . ministers not to hold private conventicles . forasmuch as all conventicles and secret meetings of priests and ministers have been ever justly accounted very hurtful to the state of the church wherein they live : we do now ordain and constitute , that no priests or ministers of the word of god , nor any other persons shall meet together in any private house or elsewhere , to consult upon any matter or course to be taken by them or upon their motion or direction by any other , which may any way tend to the impeaching or depraving of the doctrine of the church of england , or of the book of common prayer , or any part of the government and discipline now established in the church of england , under pain of excommunication ipso facto . lxxiv . decency in apparel enjoyned to ministers . the true , ancient and flourishing churches of christ being ever desirous that their prelacy and clergy might be had as well in outward reverence , as otherwise regarded for the worthiness of their ministery , did think it sit by a prescript form of decent and comely apparel , to have them known to the people , and thereby to receive the honour and estimation due to the special messengers and ministers of almighty god : we therefore following their grave judgment , and the ancient custom of the church of england , and hoping that in time new-fangleness of apparel in some factious persons will die of it self , do constitute and appoint , that the archbishops and bishops , shall not intermit to use the accustomed apparel of their degrees . likewise all deans , masters of colleges , archdeacons and prebendaries in cathedral and collegiate churches , ( being priests or deacons ) doctors in divinity , law and physick , batchellors in divinity , masters of arts and batchellors of law having any ecclesiastical living , shall usually wear gowns with standing collars and sleeves strait at the hands , or wide sleeves , as is used in the universities , with hoods or tippets of silk or sarcenet , and square caps . and that all other ministers admitted or to be admitted into that function , shall also usually wear the like apparel as is aforesaid , except tippets only . we do further in like manner ordain , that all the said ecclesiastical persons above mentioned , shall usually wear in their journeys cloaks with sleeves , commonly called priests cloaks , without gards , welts , long buttons or cuts . and no ecclesiastical person shall wear any coife or wrought night-cap , but only plain night-caps of black silk , satten or velvet . in all which particulars concerning the apparel here prescribed , our meaning is not to attribute any holiness or special worthiness to the said garments , but for decency , gravity and order , as is before specified . in private houses and in their studies , the said persons ecclesiastical may use any comely and scholar-like apparel , provided that it be not cut or pinckt ; and that in publick they go not in their doublet and hose , without coats or cassocks : and that they wear not any light coloured stockings . likewise poor beneficed men and curates ( not being able to provide themselves long gowns ) may go in short gowns , of the fashion aforesaid . lxxv . sober conversation required in ministers . no ecclesiastical person shall at any time , other then for their honest necessities resort to any taverns or alehouses , neither shall they boad or lodge in any such places . furthermore , they shall not give themselves to any base or servile labour , or to drinking , or riot , spending their time idlely by day or by night , playing at dice , cards or ta●les , or any other unlawful game : but at all times convenient , they shall hear or read somewhat of the holy scriptures , or shall occupy themselves with some other honest study or exercise , always doing the things which shall appertain to honesty , and endeavouring to profit the church of god , having always in mind that they ought to excel all others in purity of life , and should be examples to the people to live well and christianly , under pain of ecclesiastical censures to be inflicted with severity , according to the qualities of their offences . lxxv . ministers at no time to forsake their calling . no man being admitted a deacon or minister , shall from thenceforth voluntarily relinquish the same , nor afterward use himself in the course of his life , as a lay-man , upon pain of excommunication . and the names of all such men so forsaking their calling , the church-wardens of the parish where they dwell shall present to the bishop of the diocess , or to the ordinary of the place , having episcopal jurisdiction . school-masters . lxxvii . none to teach school without licence . no man shall teach either in publick school , or private house , but such as shall be allowed by the bishop of the diocess , or ordinary of the place under his hand and seal , being found meet , as well for his learning and dexterity in teaching , as for sober and honest conversation , and also for right understanding of gods true religion , and also except he shall first subscribe to the first and third articles aforementioned simply , and to the two first clauses of the second article . lxxviii . curates desirous to teach , to be licensed before others . in what parish church or chappel soever there is a curate which is a master of arts , or batchelor of arts , or is otherwise well able to teach youth , and will willingly so do , for the better increase of his living , and training up of children in principles of true religion : we will and ordain , that a licence to teach youth of the parish where he serveth , be granted to none by the ordinary of that place , but only to the said curate . provided always , that this constitution shall not extend to any parish or chappel in countrey towns , where there is a publick school founded already : in which case we think it not meet to allow any to teach grammar , but only him that is allowed for the said publick school . lxxxix . the duty of school-masters . all school-masters shall teach in english or latin , as the children are able to bear , the larger or shorter catechism heretofore by publick authority set forth . and as often as any sermon shall be upon holy and festival days , within the parish where they teach , they shall bring their schollars to the church where such sermon shall be made , and there see them quietly and soberly behave themselves , and shall examine them at times convenient after their return , what they have born away of such sermons . upon other days , and at other times they shall train them up with such sentences of holy scriptures , as shall be most expedient to induce them to all godliness : and they shall teach the grammar set forth by king henry the eighth , and continued in the times of king edward the sixth , and queen elizabeth of noble memory , and none other . and if any school-master being licensed , and having subscribed , as aforesaid , shall offend in any of the premisses , or either speak , write , or teach against any thing whereunto he hath formerly subscribed , ( if upon admonition by the ordinary he do not amend and reform himself ) let him be suspended from teaching school any longer . things appertaining to churches . lxxx . the great bible and book of common prayer , to be had in every church . the church-wardens or quest-men of every church and chappel , shall at the charge of the parish provide the book of common prayer , lately explained in some few points by his majesties authority according to the laws and his highness prerogative in that behalf , and that with all convenient speed , but at the furthest within two months after the publishing of these our constitutions . and if any parishes be yet unfurnished of the bible of the largest volume , or of the books of homilies allowed by authority , the said church-wardens shall within convenient time provide the same at the like charge of the parish . lxxxi . a font of stone for baptism in every church . according to a former constitution , too much neglected in many places , we appoint , that there shall be a font of stone in every church and chappel where baptism is to be ministred ; the same to be set in the ancient usual places . in which only font the minister shall baptize publickly . lxxxii . a decent communion table in every church . vvhereas we have no doubt but that in all churches within the realm of england , convenient and decent tables are provided and placed for the celebration of the holy communion , we appoint that the same tables shall from time to time be kept and repaired in sufficient and seemly manner , and covered in time of divine service with a carpet of silk or other decent stuff thought meet by the ordinary of the place , if any question be made of it , and with a fair linen cloth at the time of the ministration , as becometh that table , and so stand , saving when the said holy communion is to be administred . at which time the same shall be placed in so good sort within the church or chancel , as thereby the minister may be more conveniently heard of the communicants in his prayer and ministration , and the communicants also more conveniently and in more number may communicate with the said minister : and that the ten commandments be set upon the east-end of every church and chappel where the people may best see and read the same , and other chosen sentences written upon the walls of the said churches and chappels in places convenient and likewise , that a convenient seat be made for the minister to read service in . all these to be done at the charge of the parish . lxxxiii . a pulpit to be provided in every church . the church-wardens or quest-men at the common charge of the parishioners in every church , shall provide a comely and decent pulpit , to bo set in a convenient place within the same , by the discretion of the ordinary of the place , if any question do arise , and to be there seemly kept for the preaching of gods word . lxxxiv . a chest for alms in every church . the church-wardens shall provide and have within three months after the publishing of these constitutions , a strong chest , with a hole in the upper part thereof , to be provided at the charge of the parish ( if there be none such already provided ) having three keys ; of which one shall remain in the custody of the parson , vicar or curate , and the other two in the custody of the church-wardens for the time being : which chest they shall set and fasten in the most convenient place , to the intent the parishioners may put into it their alms for their poor neighbours . and the parson , vicar or curate shall diligently from time to time , and especially when men make their testaments , call upon , exhort , and move their neighbours to confer , and give as they may well spare to the said chest , declaring unto them , that whereas heretofore they have been diligent to bestow much substance otherwise then god commanded , upon superstitious uses , now they ought at this time to be much more ready to help the poor and needy , knowing that to relieve the poor , is a sacrifice which pleaseth god : and that also whatsoever is given for their comfort , is given to christ himself , and is so accepted of him , that he will mercifully reward the same . the which alms and devotion of the people , the keepers of the keys shall yearly , quarterly , or oftner ( as need requireth ) take out of the chest , and distribute the same in the presence of most of the parish , or six of the chief of them , to be truly and faithfully delivered to their most poor and needy neighbours . lxxxv . churches to be kept in sufficient reparations . the churchwardens or questmen shall take care , and provide that the churches be well and sufficiently repair'd , and so from time to time kept and maintained , that the windows be well glazed , and that the floors be kept paved , plain , and even , all things there in such an orderly and decent sort , without dust , or any thing that may be either noysome or unseemly , as best becometh the house of god , and is prescribed in an homily to that effect . the like care they shall take , that the church-yards be well and sufficiently repaired , fenced and maintained with walls , rails or pales , as have been in each place accustomed , at their charges unto whom by law the same appertaineth : but especially they shall see that in every meeting of the congregation peace be well kept , and that all persons excommunicated , and so denounced , be kept out of the church . lxxxvi . churches to be surveyed , and the decays certified to the high commissioners . every dean , dean and chapter , archdeacon , and others which have authority to hold ecclesiastical visitations by composition , law or prescription , shall survey the churches of his or their jurisdiction , once in every three years in his own person , or cause the same to be done , and shall from time to time within the said three years , certifie the high commissioners for causes ecclesiastical , every year of such defects in any the said churches , as he or they do find to remain unrepaired , and the names and sirnames of the parties faulty therein . upon which certificate we desire that the said high commissioners will ex officio mero send for such parties and compel them to obey the just and lawful decrees of such ecclesiastical ordinaries making such certificates . lxxxvii . a terrier of glebe-lands and other possessions belonging to churches . we ordain , that the archbishops , and all bishops within their several diocesses , shall procure ( as much as in them lieth ) that a true note and terrier of all the glebes , lands , medows , gardens , orchards , houses , stocks , implements , tenements and portions of tythes , lying out of their parishes ( which belong to any parsonage , or vicarage , or rural prebend ) be taken by the view of honest men in every parish by the appointment of the bishop , whereof the minister to be one , and be laid up in the bishops registry there to be for a perpetual memory thereof . lxxxviii . churches not to be prophaned . the church-wardens or quest-men and their assistants shall suffer no plays , feasts , banquets , suppers , church-ales , drinkings , temporal courts or lets , lay-jurys , musters , or any other prophane usage to be kept in the church , chappel or church-yard , neither the bells to be rung superstitiously , upon holy-days or eves abrogated by the book of common prayer , not at any other times , without good cause to be allowed by the minister of the place , and by themselves . church-wardens or quest-men , and side-men or assistants . lxxxix . the choice of church-wardens , and their accompt . all church-wardens or quest-men in every parish , shall be chosen by the joynt consent of the minister and the parishioners , if it may be : but if they cannot agree upon such a choice , then the minister shall chuse one , and the parishioners another : and without such a joynt or several choice , none shall take upon them to be church-wardens , neither shall they continue any longer then one year in that office , except perhaps they be chosen again in like manner . and all church-wardens at the end of their year , or within a month after at the most , shall before the minister and the parishioners , give up a just account of such money as they have received , and also what particularly they have bestowed in reparations , and otherwise for the use of the church . and last of all , going out of their office , they shall truly deliver up to the parishioners whatsoever money or other things of right belonging to the church or parish , which remaineth in their hands , that it may be delivered over by them to the next church-wardens by bill indented . xc . the choice of sidemen , and their joynt office with church wardens . the church-wardens or quest-men of every parish and two or three or more discreet persons in every parish to be chosen for sidemen or assistants , by the minister and parishioners , if they can agree , ( otherwise to be appointed by the ordinary of the diocess ) shall diligently see , that all the parishoners duly resort to the church upon all sundays and holydays , and there continue the whole time of divine service : and none to walk or to stand idle or taking in the church , or in the church-yard , or the church-porch , during that time . and all such as shall be found slack or negligent in resorting to the church , ( having no great or urgent cause of absence ) they shall earnestly call upon them : and after due monition ( if they amend not ) they shall present them to the ordinary of the place . the choice of which persons , viz. church-wardens or quest-men , side-men or assistants shall be yearly made in easter-week , parish clerks . xci . parish clerks to be chosen by the minister . no parish clerk upon any vacation shall be chosen within the city of london , or elsewhere within the province of canterbury , but by the parson or vicar : or where there is no parson or vicar , by the minister of that place for the time being : which choice shall be signified by the said minister , vicar or parson , to the parishioners the next sunday following in the time of divine service . and the said clerk shall be of twenty years of age at the least , and known to the said parson , vicar or minister , to be of honest conversation , and sufficient for his reading , writing , and also for his competent skill in singing ( if it may be . ) and the said clerks so chosen shall have and receive their ancient wages , without fraud or diminution , either at the hands of the church-wardens at such times as hath been accustomed , or by their own collection according to the most ancient custom of every parish . ecclesiastical courts belonging to the archbishops jurisdiction . xcii . none to be cited into divers courts for probate of the same will. forasmuch as many heretofore have been by aparitors both of inferiour courts , and of the courts of the archbishops prerogatives much distracted , and diversly called , and summoned for probate of wills , or to take administrations of the goods of persons dying intestate and are thereby vexed and grieved with many causeless and unnecessary troubles , molestations and expences : we constitute and appoint , that all chancellors , commissaries or officials , or any other exercising ecclesiastical jurisdiction whatsoever , shall at the first charge with an oath all persons called , or voluntarily appearing before them for the probate of any will , or the administration of any goods , whether they know , or ( moved by any special inducement ) do firmly believe that the party deceased ( whose testaments or goods depend now in question ) had at the time of his or her death , any goods or good debts in any other diocess or diocesses , or peculiar jurisdiction within that province , then in that wherein the said party died , amounting to the value of five pounds . and if the said person cited , or voluntarily appearing before him , shall upon his oath affirm , that he knoweth , or ( as aforesaid ) firmly believeth , that the said party deceased had goods or good debts in any other diocess or diocesses , or peculiar jurisdiction within the said province , to the value aforesaid , and particularly specifie and declare the same : then shall he presently dismiss him , not presuming to intermeddle with the probate of the said will , or to grant administration of the goods of the party so dying intestate : neither shall he require or exact any other charges of the said parties more then such only as are due for the citation , and other precess had and used against the said parties , upon their further contumacy ; but shall openly and plainly declare and profess , that the said cause belongeth to the prerogative of the archbishop of that province , willing and admonishing the party to prove the said will , or require administration of the said goods in the court of the said prerogative , and to exhibite before him the said judge the probate or administration under the seal of the prerogative within fourty days next following . and if any chancellor , commissary , official or other exercising ecclesiastical jurisdiction whatsoever , or any their register shall offend herein , let him be ipso facto suspended from the execution of his office , not to be absolved or released until he have restored to the party all expences by him laid out contrary to the tenour of the premisses and every such probate of any testament or administration of goods so granted , shall be held void and frustrate to all effects of the law whatsoever . furthermore , we charge and enjoyn , that the register of every inferiour judge do without all difficulty or delay , certify and inform the apparitor of the prerogative court , repairing unto him once a month , and no oftner , what executors or administrators have been by his said judge for the incompetency of his own jurisdiction , dismissed to the said prerogative court within the month next before , under pain of a months suspension from the exercise of his office for every default therein . provided , that this canon or any thing therein contained , be not prejudicial to any composition between the archbishop and any bishop , or other ordinary , nor to any inferiour judge that shall grant any probate of testament of administration of goods to any party that shall voluntarily desire it , both out of the said inferiour court , and also out of the prerogative . provided likewise , that if any man dye in itinere , the goods that he hath about him at that present , shall not cause his testament or administration to be liable unto the prerogative court. xciii . the rate of bona notabilia liable to the prerogative court. furthermore , we decree and ordain , that no judge of the archbishops prerogative shall henceforward cite , or cause to be cited ex officio any person whatsoever to any of the aforesaid intents , unless he have knowledge that the party deceased was at the time of his death possessed of goods and chattels in some other diocess or diocesses , or peculiar jurisdiction within that province , than in that wherein he died , amounting to the value of five pounds at the least : decreeing and declaring , that whoso hath not goods in divers diocesses to the said sum or value , shall not be accounted to have bona notabilia . always provided , that this clause here , and in the former constitution mentioned , shall not prejudice those diocesses where by composition or custom bona notabilia are rated at a greater sum . and if any judge of the prerogative court , or any his surrogate , or his register or apparitor , shall cite , or cause any person to be cited into his court contrary to the tenor of the premisses , he shall restore to the party so cited all his costs and charges , and the acts and proceedings in that behalf shall be held void and frustrate . which expences if the said judge or register , or apparitor shall refuse accordingly to pay , he shall be suspended from the exercise of his office untill he yield to the performance thereof . xciv . none to be cited into the arches or audience , but dwellers within the archbishops diocess or peculiars . no dean of the arches nor official of the archbishops consistory , nor any judge of the audience , shall henceforward in his own name , or in the name of the archbishop , either ex officio , or at the instance of any party , originally cite , summon , or any way compel , or procure to be cited , summoned , or compelled any person which dwelleth not within the particular diocess or peculiar of the said archbishop , to appear before him or any of them , for any cause or matter whatsoever belonging to ecclesiastical cognizance , without the licence of the diocesan first had and obtained in that behalf , other than in such particular cases only as are expresly excepted and reserved in and by a statute ann. h. . cap. . and if any of the said judges shall offend herein , he shall for every such offence be suspended from the exercise of his office , for the space of three whole months . xcv . fhe restraint of double quarrels . albeit by former constitutions of the church of england , every bishop hath had two months space to enquire and inform himself of the sufficiency and qualities of every minister , after he hath been presented unto him to be instituted into any benefice : yet for the avoiding of some inconveniencies , we do now abridge and reduce the said two months unto eight and twenty days only . in respect of which abridgement , we do ordain and appoint , that no double quarrel shall hereafter be granted out of any of the archbishops courts at the suit of any minister whosoever , except he shall first take his personal oath , that the said eight and twenty days at the least are expired , after he first tendered his presentation to the bishop , and that he refused to grant him institution thereupon : or shall enter bonds with sufficient sureties to prove the same to be true , under pain of suspension of the granter thereof from the execution of his office , for half a year toties quoties , to be denounced by the said archbishop , and nullity of the double quarrel aforesaid , so unduly procured , to all intents and purposes whatsoever . always provided , that within the said eight and twenty days , the bishop shall not institute any other to the prejudice of the said party before presented , sub poena mullitatis . xcvi . inhibitions not to be granted without the subscription of an advocate . that the jurisdictions of bishops may be preserved ( as near as may be ) entire and free from prejudice , and that for the behoof of the subjects of this land , better provision be made , that henceforward they be not grieved with frivolous and wrongful suits and molestations : it is ordained and provided , that no inhibition shall be granted out of any court belonging to the archbishop of canterbury at the instance of any party , unless it be subscribed by an advocate practising in the said court : which the said advocate shall do freely , not taking any fee for the same , except the party prosecuting the suit , do voluntarily bestow some gratuity upon him for his counsel and advice in the said cause . the like course shall be used in granting forth any inhibition at the instance of any party by the bishop or his chancellor against the archdeacon , or any other person exercising ecclesiastical jurisdiction : and if in the court or consistory of any bishop there be no advocate at all , then shall the subscription of a proctor practising in the same court be held sufficient . xcvii . inhibitions not to be granted until the appeal be exhibited to the iudge . it is further ordered and decreed , that henceforward no inhibition be granted by occasion of any interlocutory decree , or in any cause of correction whatsoever , except under the form aforesaid : and moreover , that before the going out of any such inhibition , the appeal it self , or a copy thereof ( avouched by oath to be just and true ) be exhibited to the judge or his lawful surrogate , whereby he may be fully inform'd , both of the quality of the crime , and of the cause of the grievance , before the granting forth of the said inhibition . and every appellant or his lawful proctor shall before the obtaining of any such inhibition , shew and exhibit to the judge or his surrogate in writing , a true copy of those acts , wherewith he complaineth himself to be aggrieved , and from which he appealeth , or shall take a corporal oath that he hath performed his diligence , and true endeavour for the obtaining of the same , and could not obtain it at the hands of the register in the country , or his deputy , tendring him his fee. and if any judge or register shall either procure or permit any inhibition to be sealed , so as is said , contrary to the form and limitation above specified , let him be suspended from the execution of his office , for the space of three months : if any proctor , or other person whatsoever by his appointment , shall offend in any of the premisses , either by making or sending out any inhibition , contrary to the tenour of the said premisses , let him be removed from the exercise of his office , for the space of a whole year without hope of release or restoring . xcviii . inhibitions not to be granted to factious appellants , unless they first subscribe . forasmuch as they who break the laws cannot in reason claim any benefit or protection by the same : we decree and appoint , that after any judge ecclesiastical hath proceeded judiciously against obstinate and factious persons , and contemmers of ceremonies , for not observing the rites and orders of the church of england , or for contempt of publick prayer , no judge ad quem , shall admit or allow any his or their appeals , unless he having first seen the original appeal , the party appellant do first personally promise and avow , that he will faithfully keep and observe all the rites and ceremonies of the church of england , as also the prescript form of common prayer , and do likewise subscribe to the three articles formerly by us specified and declared . xcix . none to marry within the degrees prohibited . no persons shall marry within the degrees prohibited by the laws of god , and expressed in a table set forth by authority in the year of our lord god . and all marriages so made and contracted shall be adjudged incestuous and unlawful , and consequently shall be dissolved as void from the beginning , and the parties so married shall by course of law be separated . and the aforesaid table shall be in every church publickly set up and fixed at the charge of the parish . c. none to marry under xxi years , without their parents consent . no children under the age of one and twenty years compleat , shall contract themselves or marry without the consent of their parents , or of their guardians and governors , if their parents be deceased . ci. by whom licences to marry without banns shall be granted , and to what sort of persons . no faculty or licence shall be henceforth granted for solemnization of matrimony betwixt any parties , without thrice open publication of the banns according to the book of common prayer , by any person exercising any ecclesiastical jurisdiction , or claiming any priviledges in the right of their churches ; but the same shall be granted only by such as have episcopal authority , or the commissary for faculties , vicars general of the archbishops and bishops sede plena or sede vacante , the guardian of the spiritualties , or ordinaries exercising of right episcopal jurisdiction in their several jurisdictions , respectively , and unto such persons only as be of good state and quality , and that upon good caution and security taken . cii . security to be taken at the granting of such licences , and under what conditions . the security mentioned shall contain these conditions : first , that at the time of the granting every such licence , there is not any impediment of precontract , consanguinity , affinity , or other lawful cause to hinder the said marriage . secondly , that there is not any controversie or suit depending in any court before any ecclesiastical judge touching any contract or marriage of either of the said parties with any other . thirdly , that they have obtained thereunto the express consent of their parents ( if they be living ) or otherwise of their guardians or governours . lastly , that they shall celebrate the said matrimony publickly in the parish church or chappel where one of them dwelleth , and in no other place , and that between the hours of eight and twelve in the forenoon . ciii . oaths to be taken for the conditions . for the avoiding of all fraud and collusion in the obtaining of such licences and dispensations : we further constitute and appoint , that before any licence for the celebration of matrimony , without publication of banns be had or granted , it shall appear to the judge by the oaths of two sufficient witnesses , one of them to be known either to the judge himself , or to some other person of good reputation then present , and known likewise to the said judge , that the express consent of the parents or parent , if one be dead , or guardians , or guardian of the parties , is thereunto had and obtained . and furthermore , that one of the parties personally swear , that he believeth there is no let or impediment of precontract , or kindred , or alliance , or of any other lawful cause whatsoever , nor any suit commenced in any ecclesiastical court , to bar or hinder the proceeding of the said matrimony , according to the tenor of the foresaid licence . civ . an exception for those that are in widowhood . if both the parties which are to marry being in widowhood , do seek a faculty for the forbearing of banns , then the clauses before mentioned requiring the parents consents , may be omitted ; but the parishes where they dwell both shall be expressed in the licence , as also the parish named where the marriage shall be celebrated . and if any commissary for faculties , vicars general , or other the said ordinaries shall offend in the premisses , or any part thereof , he shall for every time so offending , be suspended from the execution of his office for the space of six months ; and every such licence or dispensation shall be held void to all effects and purposes , as if there had never been any such granted , and the parties marrying by vertue thereof , shall be subject to the punishments which are appointed for clandestine marriages . cv . no sentence for divorce to be given upon the sole confession of the parties . forasmuch as matrimonial causes have been always reckoned and reputed amongst the weightiest , and therefore require the greater caution when they come to be handled and debated in judgment , especially in causes wherein matrimony having been in the church duly solemnized , is required upon any suggestion or pretext whatsoever to be dissolved or annulled : we do straitly charge and injoyn , that in all proceedings to divorce and nullities of matrimony , good circumspection and advice be used , and that the truth may ( as far as is possible ) be sifted out by the deposition of witnesses , and other lawful proofs and evictions , and that credit be not given to the sole confession of the parties themselves howsoever taken upon oath , either within or without the court. cvi. no sentence for divorce to be given but in open court. no sentence shall be given either for separation a thoro & mensa , or for annulling of pretended matrimony , but in open court , and in the seat of justice , and that with the knowledge and consent either of the archbishop within his province , or of the bishop within his diocess , or of the dean of the arches , the judge of the audience of canterbury , or of the vicars general , or other principal officials , or sede vacante of the guardians of the spiritualties , or other ordinaries to whom of right it appertaineth , in their several jurisdictions and courts , concerning them only that are then dwelling under their jurisdictions . cvii . in all sentences for divorce , bond to be taken for not marrying during each others life . in all sentences pronounced only for divorce and separation a thoro & mensa , there shall be a caution and restraint inserted in the act of the said sentence , that the parties so separated , shall live chastly and continently ; neither shall they , during each others life , contract matrimony with other person . and for the better observation of this last clause , the said sentence of divorce shall not be pronounced , until the party or parties requiring the same , have given good and sufficient caution and security into the court , that they will not any way break or transgress the said restraint or prohibition . cviii . the penalty for iudges offending in the premisses . and if any judge giving sentence of divorce or separation shall not fully keep and observe the premisses , he shall be by the archbishop of the province , or by the bishop of the diocess , suspended from the exercise of his office for the space of a whole year , and the sentence of separation so given contrary to the form aforesaid , shall be held void to all intents and purposes of the law , as if it had not at all been given or pronounced . ecclesiastical courts belonging to the jurisdiction of bishops and arch-deacons , and the proceedings in them . cix . notorious crimes and scandal to be certified into ecclesiastical co●rts by pre●entment . if any offend their brethren , either by adultery , whoredom , incest , or drunkenness , or by swearing , ribbaldry , usury , or any other uncleanness and wickedness of life , the church wardens or quest-men , and sidemen in their next presentments to their ordinaries , shall faithfully present all and every of the said offenders , to the intent that they and every of them may be punished by the severity of the laws , according to their deserts ; and such notorious offenders shall not be ad●●tted to the holy communion till they be reformed . cx . schismaticks to be presented . if the church-wardens or quest-men or assistants , do or 〈…〉 any man within their parish or elsewhere , that is a hindere●… 〈◊〉 the word of god to be read or sincerely preached , or of the 〈…〉 these our constitutions , or a factour of any usurped or foreign 〈◊〉 by the laws of this realm justly rejected and taken away , or a 〈…〉 popish and erroneous doctrin : they shall detect and present the same to the bishop of the diocess or ordinary of the place , to be censured and punished according to such ecclesiastical laws as are prescribed in that behalf . cxi . disturbers of divine service to be presented . in all visitations of bishops and arch-deacons , the church-wardens or quest-men and sidemen , shall truly and personally present the names of all those which behave themselves rudely and disorderly in the church , or which by untimely ringing of the bells , by walking , talking , or other noise shall hinder the minister or preacher . cxii . not communicants at easter to be presented . the minister , church-wardens , quest-men and assistants of every parish church and chappel , shall yearly within forty days after easter exhibit to the bishop or his chancellor , the names or sirnames of all the parishioners , as well men as women , which being of the age of sixteen years , received not the communion at easter before . cxiii . ministers may present . because it often cometh to pass , that the church-wardens , sidemen , quest-men , and such other persons of the layity as are to take care for the suppressing of sin and wickedness in their several parishes , as much as in them lieth , by admonition , reprehension , and denunciation to their ordinaries , do forbear to discharge their duties therein , either through fear of their superiors , or through negligence , more then were fit , the licentiousness of these times considered : we ordain , that hereafter every parson and vicar , or in the lawful absence of any parson or vicar , then their curates and substitutes may joyn in every presentment with the said church-wardens sidemen , and the rest above mentioned at the times hereafter limited , if they the said church-wardens and the rest will present such enormities as are apparent in the parish : or if they will not , then every such parson and vicar , or in their absence as aforesaid , their curates may themselves present to their ordinaries at such times and when else they think it meet , all such crimes as they have in charge , or otherwise , as by them ( being the persons that should have the chief care for the suppressing of sin and impiety in their parishes ) shall be thought to require due reformation . provided always , that if any man confess his secret and hidden sins to the minister for the unburthening of his conscience , and to receive spiritual consolation and ease of mind from him , we do not any way bind the said minister by this our constitution , but do straitly charge and admonish him , that he do not at any time reveal and make known to any person whatsoever , any crime or offence so committed to his trust and secrecy ( except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same ) under pain of irrgularity . cxiv . ministers shall present recusants . every parson , vicar , or curate , shall carefully inform themselves every year hereafter , how many popish recusants , men , women and children above the age of thirteen years ; and how many being popishly given ( who though they come to the church , yet do refuse to receive the communion ) are inhabitants , or make their abode either as sojourners or common guests in any of their several parishes , and shall set down their true names in writing ( if they can learn them ) or otherwise such names , as for the time they carry , distinguishing the obsolute recusants from half recusants : and the same so far as they know or believe so distinguished and set down under their hands , shall truly present to their ordinaries before the feast of the nativity next ensuing , under pain of suspension to be inflicted upon them by their said ordinaries , and so every year hereafter upon the like pain , before the feast of st. john baptist. also we ordain , that all such ordinaries , chancellors , commissaries , arch-deacons , officials , and all other ecclesiastical officers to whom the said presentments shall be exhibited , shall likewise within one month after the receipt of the same , under pain of suspension by the bishop , from the execution of their offices for the space of half a year ( as often as they shall offend therein ) deliver them or cause to be delivered to the bishop respectively ; who shall also exhibit them to the archbishop within six weeks , and the archbishop to his majesty within other six weeks after he hath received the said presentments . cxv . ministers and churchwardens not to be sued for presenting . vvhereas for the reformation of criminous persons and disorders in every parish , the churchwardens , questmen , sidemen , and such other church officers are sworn , and the minister charged to present as well the crimes and disorders committed by the said criminous persons , as also the common fame which is spread abroad of them , whereby they are often maligned and sometimes troubled by the said dilinquents or their friends : we do admonish and exhort all judges , both ecclesiastical and temporal , as they regard and reverence the fearful judgment-seat of the highest judge , that they admit not in any of their courts , any complaint , plea , suit , or suits against any such churchwarden , questmen , sidemen , or other church-officers , for making any such presentments , nor against any minister for any pres●ntment that he shall make : all the said presentments tending to the restraint of shameless impiety , and considering that the rules both of charity and government do presume that they did nothing therein of malice , but for the discharge of their consciences . cxvi . churchwardens not bound to present oftner than twice a year . no churchwardens , questmen , or sidemen of any parish , shall be inforced to exhibit their presentments to any having ecclesiastical jurisdiction , above once in every year , where it hath been no oftner used , nor above twice in any diocess whatsoever , except it be at the bishops visitation . for the which presentments of every parish church or chappel , the register of any court where they are to be exhibited , shall not receive in one year above four pence , under pain for every offence therein , of suspension from the execution of his office for the space of a month toties quoties . provided always , that as good occasion shall require , it shall be lawful for every minister , churchwardens , and sidemen , to present offenders as oft as they shall think meet . and likewise for any godly disposed person , or for any ecclesiastical judge , upon knowledge or notice given unto him or them , of any enormous crime within his jurisdiction , to move the minister , churchwardens , or sidemen , as they tender the glory of god and reformation of sin , to present the same , if they shall find sufficient cause to induce them thereunto , that it may be in due time punished and reformed . provided , that for these voluntary presentments , there be no fee required or taken of them under the pain aforesaid . cxvii . churchwardens not to be troubled for not presenting oftner then twice a year . no church-wardens , quest-men , or side-men shall be called or cited , but only at the said time or times before limited , to appear before any ecclesiastical judge whosoever , for refusing at other times to present any faults committed in their parishes , and punishable by ecclesiastical laws . neither shall they nor any of them , after their presentments exhibited at any of those times , be any further troubled for the same , except upon manifest and evident proof it may appear that they did then willingly and wittingly omit to present some such publick crime or crimes as they knew to be committed , or could not be ignorant that there was then a publick fame of them , or unless there be very just cause to call them for the explanation of their former presentments . in which case of wilful omission , their ordinaries shall proceed against them in such sort as in causes of wilful perjury in a court ecclesiastical it is already by law provided . cxviii . the old churchwardens to make their presentments before the new be sworn . the office of all church-wardens and side-men , shall be reputed ever hereafter to continue until the new church-wardens that shall succeed them , be sworn , which shall be the first week after easter , or some week following , according to the direction of the ordinary . which time so appointed , shall always be one of the two times in every year , when the minister and church-wardens , and side-men of every parish shall exhibit to their several ordinaries , the presentments of such enormities as have hapned in their parishes since their last presentments . and this duty they shall perform before the newly chosen church-wardens and side-men be sworn , and shall not be suffered to pass over the said presentments to those that are newly come into office , and are by intendment ignorant of such crimes , under pain of those censures which are appointed for the reformation of such dalliers and dispencers with their own consciences and oaths . cxix . convenient time to be assigned for framing presentments . for the avoiding of such inconveniences as heretofore have happened by the hasty making of bills of presentments , upon the days of the visitation and synods , it is ordered , that always hereafter , every chancellor , archdeacon , commissary and official , and every other person having ecclesiastical jurisdiction , at the ordinary time when the church-wardens are sworn : and the archbishop and bishops when he or they do summon their visitation , shall deliver , or cause to be delivered to the church-wardens , quest-men and side-men of every parish , or to some of them , such books of articles as they or any of them shall require for the year following the said church-wardens , quest-men and side-men , to ground their presentments upon at such times as they are to exhibit them . in which book shall be contained the form of the oath which must be taken immediately before every such presentment : to the intent that having beforehand time sufficient , not only to peruse and consider what their said oath shall be , but the articles also whereupon they are to ground their presentments , they may frame them at home both advisedly and truly to the discharge of their own consciences , after they are sworn , as becometh honest and godly men . cxx . none to be cited into ecclesiastical courts by process of quorum nomina . no bishop , chancellor , archdeacon , official , or other ecclesiastical judge , shall suffer any general processes of quorum nomina , to be sent out of his court : except the names of all such as thereby are to be cited , shall be first expresly entered by the hand of the register , or his deputy , under the said processes , and the said processes and names be first subscribed by the judge , or his deputy and his seal thereto affixed . cxxi . none to be cited into several courts for one crime . in places where the bishop and archdeacon do by prescription or composition visit at several times in one and the same year , lest for one and the self same fault any of his majesties subjects should be challenged and molested in divers ecclesiastical courts : we order and appoint , that every archdeacon or his official , within one month after the visitation ended that year , and the presentments received , shall certifie under his hand and seal , to the bishop or his chancellor , the names and crimes of all such as are detected and presented in his said visitation , to the end the chancellor shall thenceforth forbear to convent any person for any crime or cause so detected or presented to the archdeacon . and the chancellor within the like time after the bishops visitation ended , and presentments received , shall under his hand and seal signifie to the archdeacon or his official , the names and crimes of all such persons which shall be detected or presented unto him in that visitation , to the same intent as is aforesaid . and if these officers shall not certifie each other as is here prescribed , or after such certificate shall intermeddle with the crimes or persons detected and presented in each other visitation ; then every of them so offending shall be suspended from all exercise of his jurisdiction , by the bishop of the diocess , until he shall repay the costs and expences which the parties grieved have been at by that vexation . cxxii . no sentence of deprivation or deposition to be pronounced against a minister , but by the bishop . when any minister is complained of in any ecclesiastical court belonging to any bishop of his province for any crime , the chancellor , commissary , official , or any other having ecclesiastical jurisdiction to whom it shall appertain , shall expedite the cause by processes and other proceedings against him : and upon contumacy for not appearing , shall first suspend him , and afterwards his contumacy continuing , excommunicate him . but if he appear and submit himself to the course of law , then the matter being ready for sentence , and the merits of his offence exacting by law , either deprivation from his living , or deposition from the ministry , no such sentence shall be pronounced by any person whosoever , but only by the bishop , with the assistance of his chancellor , the dean ( if they may conveniently be had ) and some of the prebendaries , if the court be kept near the cathedral church , or of the arch-deacon , if he may be had conveniently , and two other at the least grave ministers and preachers to be called by the bishop , when the court is kept in other places . cxxiii . no act to be sped but in open court. no chancellor , commissary , archdeacon , official , or any other person using ecclesiastical jurisdiction whosoever , shall speed any judicial act , either of contentious or voluntary jurisdiction , except he have the ordinary register of that court , or his lawful deputy : or if he or they will not , or cannot be present , then such persons as by law are allowed in that behalf to write or speed the same , under pain of suspension ipso facto . cxxiv . no court to have more than one seal . no chancellor , commissary , archdeacon , official , or any other exercising ecclesiastical jurisdiction , shall without the bishops consent have any more seals than one for the sealing of all matters incident to his office : which seal shall always be kept either by himself , or by his lawful substitute exercising jurisdiction for him , and remaining within the jurisdiction of the said judge , or in the city , or principal town of the county . this seal shall contain the title of that jurisdiction which every of the said judges or their deputies do execute . cxxv . convenient places to be chosen for the keeping of courts . all chancellors commissaries , archdeacons , officials , and all other exercising ecclesiastical jurisdiction , shall appoint such meet places for the keeping of their courts by the assignment or approbation of the bishop of the diocess , as shall be convenient for entertainment of those that are to make their appearance there , and most indifferent for their travel . and likewise they shall keep and end their courts in such convenient time , as every man may return homewards in as due season as may be . cxxvi . peculiar and inferiour courts to exhibit the original copies of wills into the bishops registry . whereas deans , archdeacons , prebendaries , parsons , vicars , and others exercising ecclesiastical jurisdiction , claim liberty to prove the last wills and testaments of persons deceased within their several jurisdictions , having no known nor certain registers , nor publick place to keep their records in , by reason whereof many wills , rights and legacies , upon the death or change of such persons and their private notaries , miscarry , and cannot be found , to the great prejudice of his majesties subjects : we therefore order and enjoyn that all such possessors and exercisers of peculiar jurisdiction , shall once in every year exhibite into the publick registry of the bishop of the diocess , or of the dean and chapter , under whose jurisdiction the said peculiars are , every original testament of every person in that time deceased , and by them proved in their several peculiar jurisdictions , or a true copy of every such testa ment examined , subscribed , and sealed by the peculiar judge and his notary . otherwise if any of them fail so to do , the bishop of the diocess , or dean and chapter , unto whom the said jurisdictions do respectively belong , shall suspend the said parties , and every of them from the exercise of all such peculiar jurisdiction , until they have performed this our constitution . judges ecclesiastical and their surrogates . cxxvii . the quality and oath of iudges . no man shall hereafter be admitted a chancellor , commissary or official , to exercise any ecclesiastical jurisdiction , except he be of the full age of six and twenty years at the least , and one that is learned in the civil and ecclesiastical laws , and is at the least a master of arts , or batchelor of law , and is reasonably well practised in the course thereof , as likewise well affected , and zealously bent to religion , tou●hing whose life and manners no evil example is had , and except before he enter into , or execute any such office , he shall take the oath of the kings supremacy in the presence of the bishop , or in the open court , and shall subscribe to the articles of religion , agreed upon in the convocation , in the year one thousand five hundred , sixty and two , and shall also swear that he will to the uttermost of his understanding , deal uprightly and justly in his office , without respect , or favour of reward : the said oaths and subscription to be recorded by a register then present . and likewise all chancellors , commissaries , officials , registers , and all other that do now possess or execute any places of ecclesiastical jurisdiction , or service , shall before christmas next , in the presence of the archbishop of bishop , or in open court , under whom or where they exercise their offices , take the same oaths , and subscribe as before is said : or upon refusal so to do , shall be suspended from the execution of their offices , until they shall take the said oaths , and subscribe as aforesaid . cxxviii . the quality of surrogates . no chancellor , commissary , arch-deacon , official , or any other person using ecclesiastical jurisdiction , shall at any time substitute in their absence any to keep any court for them , except he be either a grave minister and a graduate , or a licensed publick preacher , and a beneficed man near the place where the courts are kept , or a batcheler of law , or a master of arts at least , who hath some skill in the civil and ecclesiastical law , and is a favourer of true religion , and a man of modest and honest conversation , under pain of suspension for every time that they offend therein from the execution of their offices for the space of three months toties quoties : and he likewise that is deputed , being not qualified as is before expressed , and yet shall presume to be a substitute to any judge , and shall keep any court as is aforesaid , shall undergo the same censure in manner and form as is before expressed . proctors . cxxix . proctors not to retain causes without the lawful assignment of the parties . none shall procure in any cause whatsoever , unless he be thereunto constituted and appointed by the party himself , either before the judge , and by act in court , or unless in the beginning of the suit , he be by a true and sufficient proxy thereunto warranted and enabled . we call that proxy sufficient , which is strengthened and confirmed by some authentical seal , the parties approbation , or at least his ratification therewithal concurring . all which proxies shall be forthwith by the said proctors exhibited into the court , and be safely kept and preserved by the register in the publick registry of the said court. and if any register or proctor shall offend herein , he shall be secluded from the exercise of his office for the space of two months , without hope of release or restoring . cxxx . proctors not to retain causes without the counsel of an advocate . for lessening and abridging the multitude of suits and contentions , as also for preventing the complaints of suiters in courts ecclesiastical , who many times are overthrown by the over-sight and neglience , or by the ignorance and insufficiency of proctors , and likewise for the furtherance and increase of learning , and the advancement of civil and canon law , following the laudable customs heretofore observed in the courts pertaining to the arch-bishop of canterbury , we will and ordain , that no proctor exercising in any of them shall entertain any cause whatsoever , and keep and retain the same for two court days , without the counsel and advice of an advocate , under pain of a years suspension from his practice : neither shall the judge have power to release or mitigate the said penalty , without express mandate and authority from the arch-bishop aforesaid . cxxxi . proctors not to conclude in any cause without the knowledge of an advocate . no judge in any of the said courts of the arch-bishop , shall admit any libel , or any other matter , without the advice of an advocate admitted to practice in the same court , or without his subscription : neither shall any proctor conclude any cause depending , without the knowledge of the advocate retained and fee'd in the cause : which if any proctor shall do , or procure to be done , or shall by any colour whatsoever defraude the advocate of his duty or fee , or shall be negligent in repairing to the advocate , and requiring his advice what course is to be taken in the cause , he shall be suspended from all practice for the space of six months , without hope of being thereunto restored before the said term be fully compleat . cxxxii . proctors prohibited the oath , in animam domini sui . forasmuch as in the probate of testaments and suits for administration of the goods of persons dying intestate , the oath usually taken by proctors of courts , in animam constituentis , is found to be inconvenient : we do therefore decree and ordain , that every executor or suiter for administration , shall personally repair to the judge in that behalf , or his surrogate , and in his own person ( and not by proctor ) take the oath accustomed in these cases . but if by reason of sickness or age , or any other just let or impediment , he be not able to make his personal appearance before the judge : it shall be lawful for the judge ( there being faith first made by a credible person , of the truth of his said hinderance or impediment ) to grant a commission to some grave ecclesiastical person abiding near the party aforesaid , whereby he shall give power and authority to the said ecclesiastical person in his stead , to minister the accustomed oath above mentioned , to the executor or suiter for such administration , requiring his said substitute , that by a faithful and trusty messenger he certifie the said judge truly and faithfully what he hath done therein . lastly , we ordain and appoint , that no judge or register , shall in any wise receive for the writing , drawing or sealing of any such commission , above the sum of six shillings and eight pence ; whereof one moyety to be for the judge , and the other for the register of the said court. cxxxiii . proctors not to be clamorous in court. forasmuch as it is found by experience , that the loud and confused cries and clamours of proctors in the courts of the arch-bishop , are not only troublesom and offensive to the judges and advocates , but also give occasion to the standers by , of contempt and calumny toward the court it self : that more respect may be had to the dignity of the judge , then heretofore , and that causes may more easily and commodiously be handled and dispatched , we charge and enjoyn , that all proctors in the said courts do especially intend , that the acts be faithfully entred and set down by the register , according to the advice and direction of the advocate , that the said proctors refrain loud speech and brabling , and behave themselves quietly and modestly , and that when either the judges or advocates , or any of them , shall happen to speak , they presently be silent , upon pain of silencing for two whole terms then immediately following every such offence of theirs . and if any of them shall the second time offend herein , and after due monition shall not reform himself ; let him be for ever removed from his practice . registers . cxxxiv . abuses to be reformed in register if any register or his deputy , or substitute whatsoever , shall receive any certificate without the knowledge and consent of the judge of the court , or willingly omit to cause any person cited to appear upon any court day to be called , or unduly put off , and defer the examination of witnesses to be examined by a day set and assigned by the judge , or do not obey and observe the judicial and lawful monition of the said judge , or omit to write , or cause to be written such citations and decrees as are to be put in execution and set forth before the next court day , or shall not cause all testaments exhibited into his office to be registred within a convenient time , or shall set down or enact as decreed by the judge any thing false , or conceited by himself , and not so ordered o● decreed by the judge , or in the transmission of processes to the judge ad quem , shall add , or insert any falsehood or untruth , or omit any thing therein , either by cunning , or by gross negligence , or in causes of instance , or promoted of office , shall receive any reward in favour of either party , or to be of counsel directly or indirectly with either of the parties in suit , or in the execution of their office shall do ought else maliciously , or fraudulently , whereby the said ecclesiastical judge or his proceedings may be slandered or defamed : we will and ordain , that the said register or his deputy or substitute , offending in all , or any of the premisses , shall by the bishop of the diocess be suspended from the exercise of his office , for the space of one , two or three months , or more , according to the quality of his offence , and that the said bishop shall assign some other public notary to execute and discharge all things pertaining to his office , during the time of his said suspension . cxxxv . a certain rate of fees due to all ecclesiastical officers . no bishop , suffragan , chancellor , commissary , arch-deacon , official , nor any other exercising ecclesiastical jurisdiction whatsoever , nor any register of any ecclesiastical courts , nor any minister belonging to any of the said officers or courts , shall hereafter for any cause incident to their several offices , take or receive any other or greater fees , then such as were certified to the most reverend father in god , john , late arch-bishop of canterbury , in the year of our lord god , one thousand five hundred ninety and seven , and were by him ratified and and approved , under pain that every such judge , officer or minister offending herein shall be suspended from the exercise of their several offices , for the space of six months for every such offence . always provided , that if any question shall arise concerning the certainty of the said fees or any of them : those fees shall be held for lawful , which the arch-bishop of canterbury for the time being shall under his hand approve , except the statutes of this realm before made , do in any particular case express some other fees to be due . provided furthermore , that no fee or money shall be received either by the arch-bishop , or any bishop or suffragan , either directly or indirectly , for admitting of any into sacred orders , nor that any other person or persons under the said arch-bishop , bishop or suffragan , shall for parchment , writing , wax , sealing , or any other respect thereunto appertaining , take above ten shillings , under such pains as are already by law prescribed . cxxxvi . a table of the rates and fees to be set up in courts and registries . vve do likewise constitute and appoint , that the registers belonging to every such ecclesiastical judge , shall place two tables , containing the several rates and sums of all the said fees : one in the usual place or consistory where the court is kept , and the other in his registry , and both of them in such sort , as every man whom it concerneth may without difficulty come to the view and perusal thereof , and take a copy of them ; the same tables to be so set up before the feast of the nativity next ensuing . and if any register shall fail to place the said tables according to the tenour hereof , he shall be suspended from the execution of his office , until he cause the same to be accordingly done : and the said tables being once set up , if he shall at any time remove or suffer the same to be removed , hidden or any way hindered from sight , contrary to the true meaning of this constitution , he shall for every such offence be suspended from the exercise of his office for the space of six months . cxxxvii . the whole fees for shewing letters of orders , and other licences , due but once in every bishops time . forasmuch as a chief and principal cause and use of visitation is , that the bishop , arch-deacon or other assigned to visit , may get some good knowledge of the state , sufficiency and ability of the clergy , and other persons whom they are to visit : we think it convenient , that every parson , vicar , curate , schoolmaster , or other person licensed whosoever , do at the bishops first visitation , or at the next visitation after his admission , shew and exhibit unto him his letters of orders , institution and induction , and all other his dispensations , licences or faculties whatsoever , to be by the said bishop either allowed , or ( if there be just cause ) disallowed and rejected : and being by him approved , to be , as the custom is , signed by the register ; and that the whole fees accustomed to be paid in the visitations in respect of the premisses , be paid only once in the whole time of every bishop , and afterwards , but half of the said accustomed fees , in every other visitation during the said bishops continuance . apparitors . cxxxviii . the number of apparitors restrained . forasmuch as we are desirous to redress such abuses and aggrievances as are said to grow by somners or apparitors ; we think it meet that the multitude of apparitors be ( as much as is possible ) abridged or restrained : wherefore we decree and ordain , that no bishop or archdeacon , or their vicars or officials , or other inferior ordinaries , shall depute or have more apparitors to serve in their jurisdictions respectively , then either they or their predecessors were accustomed to have thirty years before the publishing of these our present constitutitions . all which apparitors shall by themselves faithfully execute their offices , neither shall they by any colour or pretence whatsoever cause or suffer their mandates to be executed by any messengers or substitutes ▪ unless it be upon some good cause to be first known and approved by the ordinary of the place . moreover , they shall not take upon them the office of promoters or informers for the court , neither shall they exact more or greater fees than are in these our constitutions formerly prescribed . and if either the number of the apparitors deputed shall exceed the fore said limitation , or any of the said apparitors shall offend in any of the premisses , the persons deputing them , if they be bishops , shall upon admonition of their superiour , discharge the persons exceeding the number so limited : if inferiour ordinaries , they shall be suspended from the execution of their office until they have dismissed the apparitors by them so deputed , and the parties themselves so deputed shall for ever be removed from the office of apparitors : and if being so removed , they desist not from the exercise of their said offices , let them be punished by ecclesiastical censures as persons contumacious . provided , that if upon experience the number of the said apparitors be too great in any diocess in the judgment of the archbishop of canturbury for the time being , they shall by him be so abridged as he shall think meet and convenient . authority of synods . cxxxix . a national synod the church representative . whosoever shall hereafter affirm , that the sacred synod of this nation in the name of christ , and by the king's authority assembled , is not the true church of england by representation , let him be excommunicated , and not restored until he repent and publickly revoke that his wicked error . cxl . synods conclude as well the absent as the present . whosoever shall affirm , that no manner of person either of the clergy or laity , not being themselves particularly assembled in the said sacred synod , are to be subject to the decrees thereof in causes ecclesiastical ( made and ratified by the kings majesties supream authority ) as not having given their voices unto them ; let him be excommunicated , and not restored until he repent and publickly revoke that his wicked error . cxli . depravers of the synod censured . whosoever shall hereafter affirm , that the sacred synod assembled as aforesaid , was a company of such persons as did conspire together against godly and religious professors of the gospel : and that therefore both they and their proceedings in making of canons and constitutions in causes ecclesiastical by the kings authority as aforesaid , ought to be despised and contemned , the same being ratified , confirmed and enjoyed by the said regal power , supremacy and authority : let them be excommunicated , and not restored until they repent and publickly revoke that their wicked error . we of our princely inclination , and royal care for the maintenance of the present estate and government of the church of england , by the laws of this our realm now settled and established , having diligently , with great contentment and comfort , read and considered of all these their said canons , orders , ordinances , and constitutions agreed upon , as is before expressed ; and finding the same such , as we are perswaded will be very profitable , not only to our clergy , but to the whole church of this our kingdom , and to all the true members of it , ( if they be well observed ) have therefore us , our heirs and lawful successors , of our special grace , certain knowledge , and meer motion given , and by these presents do give our royal assent , according to the form of the said statute or act of parliament aforesaid , to all and every of the said canons , orders , ordinances and constitutions , and to all and every thing in them contained , as they are before written . and furthermore , we do not only by our said prerogative royal , and supream authority in causes ecclesiastical , ratifie , confirm , and establish by these our letters patents , the said canons , orders , ordinances and constitutions , and all and every thing in them contained , as is aforesaid , but do likewise propounid , publish , and straightway enjoyn and command by our said authority , and by these our letters patents , the same to be diligently observed , executed , and equally kept by all our loving subjects of this our kingdom , both within the province of canturbury and york , in all points wherein they do or may concern every or any of them according to this our will and pleasure hereby signified and expressed : and that likewise for the better observation of them , every minister , by what name or title soever he be called , shall in the parish church or chappel where he hath charge read all the said canons , orders , ordinances and constitutions once every year , upon some sundays or holy days , in the afternoon before divine service , dividing the same in such sort , as that the one half may be read one day , and the other another day : the book of the said canons to be provided at the charge of the parish betwixt this and the feast of the nativity of our lord god next ensuing : straightly charging and commanding all archbishops , bishops , and all other that exercise any ecclesiastical iurisdiction within this realm , every man in his place , to see , and procure ( so much as in them lieth ) all and every of the same canons , orders , ordinances and constitutions to be in all points duly observed , not sparing to execute the penalties in them severally mentioned , upon any that shall wittingly or wilfully break , or neglect to observe the same , as they tender the honour of god , the peace of the church , the tranquility of the kingdom and their duties and service to us their king and sovereign . in vvitness , &c. the table . of the church of england . the kings supremacy over the church of england in causes ecclesiastical , to be maintained . page impugners of the kings supremacy , censured the church of england , a true and apostolical church . ib. impugners of the publick worship of god established in the church of england , censured . ib. impugners of the articles of religion established in the church of england censured . impugners of the rites and ceremonies established in the church of england censured . ib. impugners of the government of the church of england by archbishops , bishops , &c. censured . ib. impugners of the form of consecrating and ordering archbishops , bishops , &c. in the church of england , censured . ib. authors of schism in the church of england , censured . maintainers of schismaticks in the church of england , censured ib. maintainers of con●nticles , censured . ib. maintainers of constitutions made in conventicles , censured . of divine service and administration of the sacraments . due celebration of sundays and holy-days . the prescript form of divine service to be used on sundays and holy-days . ib. the letany to be read on wednesdays and fridays . colledges to use the prescript form of divine service . ib. students in colledges to wear surplices in time of divine service . ib. a reverence and attention to be used within the church in time of divine service . loyterers not to be suffered near the church in time of divine service . bread and wine to be provided against every communion . ib. the communion to be thrice a year received . ib. warning to be given beforehand for the communion . ib. students in colledges to receive the communion four times a year . copes to be worn in cathedral churches by those that administer the communion . ib. surplices and hoods to be worn in cathedral churches when there is no communion . notorious offenders not to be admitted to the communion . ib. schismaticks not to be admitted to the communion . ib. strangers not to be admitted to the communion . fathers not to be godfathers in baptism , nor children not communicants . ib. the lawful use of the cross in baptism explained . ministers , their ordination , function and charge . four solemn times appointed for the making of ministers . none to be made deacon and minister both in one day . the titles of such as are to be made ministers . ibid. the quality of such as are to be made ministers the examination of such as are to be made ministers . ib. subscriptions required of such as are to be made ministers . subscription before the diocesan . revolters after subscription , censured . ib. cautions for institution of ministers into benefices . ib. an oath against simony at institution into benefices . ib. licences for plurality of benefices limited , and residence enjoined . residence of deans in their churches . deans and prebendaries to preach during their residence . ib. prebendaries to be resident upon their benefices . beneficed preachers being resident upon their livings , to preach every sunday . beneficed men not preachers , to procure monthly sermons . ib. absence of beneficed men to be supplied by curates that are allowed preachers . none to be curates but allowed by the bishops . ib. ministers not allowed preachers may not expound . ib. strangers not admitted to preach without shewing their licence . strangers not admitted to preach in cathedral churches without sufficient authority . ib. the names of strange preachers to be noted in a book . ib no publick opposition between preachers . ib. the licences of preachers refusing conformity , to be void . the form of a prayer to be used by all preachers before their sermons . ib. preachers and lecturers to read divine service , and administer the sacraments twice a year at the least . the sacraments to be refused at the hands of unpreaching ministers . ministers reading divine service , and administring the sacraments , to wear surplices , and graduates therewithal , hoods . ib. ministers to catechize every sunday . confirmation to be performed once in three years . ib. ministers to prepare children for confirmation . ministers not to marry any persons without banns or licence . ib. ministers of exempt churches , not to marry without banns or licence . ministers solemnly to bid holy-day . ib. ministers solemnly to denounce recusants and excommunicates : ib. ministers to confer with recusants . ministers to visit the sick. ib. ministers not to refuse to christen or bury . ministers not to defer christning , if the child be in danger . ib. ministers to keep a register of christenings , weddings and burials . ib. ministers not to preach or administer the communion in private houses . ministers not to appoint publick or private fasts or prophesies or to exercise , but by authority . ministers not to hold private conventicles . ib. decency in apparel enjoyned to ministers . sober conversation required in ministers . ministers at no time to forsake their calling . ib. school-masters . none to teach school without licence . curates destrous to teach , to be licensed before others . the duty of school-masters . ib. things appertaining to churches . the great bible , and book of common prayer , to be had in every church . a font of stone for baptism in every church a decent communion table in every church . ib. a pulpit to be provided in every church . a chest for alms in every church ib. churches to be kept in sufficient reparation . ib. churches to be surveyed , and the decays certified to the high commissioners . a terrier of glebe-lands and other possessions belongin to churches . ib. churches not to be prophaned . church-wardens or quest-men , and side-men or assistants . the choice of churchwardens , and their accompt . the choice of sidemen , and their joynt office with church-wardens . ib. parish clerks . parish clerks to le chosen by the minister . ecclesiastical courts belonging to the archbishops jurisdiction none to be cited into divers courts for probate of the same will. the rate of bona notabilia liable to the prorogative court. none to be cited into the arches or audience , but dwellers within the archbishops diocess or peculiars . ib. the restraint of double quarrels . inhibitions not to be granted without the subscription of an advocate . ib. inhibitions not to be granted until the appeal be exhibited to the iudge . inhibitions not to be granted to factious appellants , unless they first subscribe . ib. none to marry within the degrees prohibited . none to marry under xxi years , without their parents consent . ib. by whom licences to marry without banns shall be granted , and to what sort of persons . ib. security to be taken at the granting of such licences , and under what conditions . oaths to be taken for the conditions . ib. an exception for those that are in widdowhood . ib. no sentence for divorce to be given upon the sole confession of the parties . no sentence for divorce to be given but in open court. ib. in all sentences for divorce , bond to be taken for not marrying during each others life ib. the penalty for iudges offending in the premisses . ecclesiastical courts belonging to the jurisdiction of bishops and arch-deacons , and the proceedings in them . notorious crimes and scandal to be certified into ecclesiastical courts by presentment . schismaticks to be presented . ib. disturbers of divine service to be presented . not communicants at easter to be presented ib. ministers may persent . ib. ministers shall present recusants . ministers and churchwardens not to be sued for presenting . ib. churchwardens not bound to present oftner than twice a year . churchwardens not to be troubled for not presenting oftner then twice a year . ib. the old church-wardens to make their presentments before the new be sworn . convenient time to be assigned for framing presentments ib. none to be cited into ecclesiastical courts by process of quorum nomina . none to be cited into several courts for one crime . ib. no sentence of deprivation or deposition to be pronounced against a minister , but by the bishop . no act to be sped but in open court. ib. no court to have more than one seal . ib. convenient places to be chosen for the keeping of courts . peculiar and inferiour courts to exhibit the original copies of wills into the bishops registry . ib. judges eccleslastical and their surrogates . the quality and oath of iudges . the quality of surrogates . proctors . pproctors not to retain causes without the lawful assignment of the parties . proctors not to retain causes without the counsel of an advocate . ib. proctors not to conclude in any cause without the knowledge of an advocate . proctors pohibited the oath , in animam domini sui ib. proctors not to be clamorous in court. registers . a buses to be reformed in registers . a certain rate of fees due to all ecclesiastical officers . a table of the rates and fees to be set up in courts and registers . the whole fees for shewing letters of orders , and other licences , due but once in every bishops time . ib. apparitors . the number of apparitors restrained authority of synods . a national synod the church representative . synods conclude as well the absent as the present . ib. depravers of the synod censured . ib. finis . severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. sheet ([ ] p.) s.n., [london : ] place of publication from wing (cd-rom edition). signed and dated at end: g.c. october the th. . g.c. = george carew--wing (cd-rom edition). reproduction of original in the bodleian library. eng church of england -- government -- early works to . ecclesiastical law -- england -- early works to . tithes -- england -- early works to . broadsides -- england a r (wing c ). civilwar no severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in t carew, george, esq f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion severall grounds , reasons , arguments , and propositions , offered to the kings most excellent majesty , for the improvement of his revenue in the first-fruits , and tenths : annexed to the petition of james , earl of north-hampton , leicester , viscount hereford , sir william farmer , baronet , george carew , esq and the rest of the petitioners for a patent of the first-fruits and tenths , for the term of one and thirty years , at the yearly rent of threescore thousand pounds . that whereas in the th . year of king henry the eight , the lords spiritual , temporal , and commons assembled in parliament , with his royal assent , did ordain , and enact , that the king's highness , his heirs , and successours , kings of this realm , should have and enjoy for ever , the first-fruits , and profits for one year , of every person , and persons , which should be nominated , elected , presented , or by any other ways , or means appointed , to have any arch-bishoprick , bishoprick , deanry , prebendary , parsonage , vicarage , or other dignity , or spiritual promotion whatsoever within this realm , of what name , nature , or quality soever they be , or to whose patronages , or gifts soever they belong , the first-fruits , revenues , or profits , for one year of every such dignity , benefice , or spiritual promotion , whereunto any such person or persons , shall be nominated , presented , elected , or appointed ; and that every such person or persons , before any actual and real possession , or medling with the profits of any such dignity , benefice , office , or promotion spiritual , should satisfie , content , and pay , or agree to pay to the kings vse , at reasonable daies and times , upon good sureties , the first fruits and profits for one whole year , to the kings treasury . ☞ and it was enacted by the authority aforesaid , that the lord chancellour of england , and master of the rolls , for the time being , and from time to time , at their will and pleasure , should name and depute by commission , or commissions , under the great seal , fit persons to examine and search for the just and true values of the first fruits , and profits , by all ways and means that they can , and to compound and agree for the rate of the said first fruits and profits , and to limit days of payment upon good security , which should be in the nature of a statute staple . and whereas it was ordained and enacted by the authority aforesaid , that the kings majesty , his heirs , and successours , kings of this realm , shall yearly have , take , enjoy , and receive , united , and knit to the imperial crown for ever , one yearly rent or pension , amounting to the tenth part of all the revenues , rents , farmes , tythes , offerings , emoluments , and of all other profits , as well called spiritual , as temporal , now appertaining , or belonging , or hereafter that shall belong to any arch-bishop , or bishop , dean , prebend , parson , vicar , or other benefice , spiritual dignity , or promotion whatsoever , within any diocess of england or wales , and that the said yearly pension , tenth , or annual rent , shall be yearly paid to the kings majesty , his heirs or successours , kings of this realm for ever , which was confirmed by several acts of parliament , in hen. . and h. . and h. . and edw. . and edw. . and the eliz. ☞ and it was also further enacted and ordained by the said authorities , that the said yearly rent , pension , or tenth part , shall be taxed , rated , levied , received , and paid to the kings vse , in manner and form following , that is to say ; the lord chancellour of england , for the time being , shall have power and authority to direct into every diocess in england , and wales , several commissions in the kings name , under his great seal , to such person or persons , as the kings highness shall name and appoint , commanding , or authorising the commissioners , or three of them at least , to examine , search , and enquire , by all the ways and means that they can , by their discretions of , and for the true , just , and whole intire yearly values , of all the mannours , lands , tenements , rents , tythes , offerings , emoluments , and hereditaments , and all other profits whatsoever , as well spiritual as temporal , appertaining to any such dignity , or spiritual promotions as aforesaid , ordinary deductions to be defalked out of the same . and that the several bishops should be charged with the collection of the said first-fruits and tenths , in their several and respective diocesses . and that upon the bishops certificate any incumbent , refusing to pay his tenths , shall be discharged of his living . by the grave advice , and consultations of all estates in so many parliaments , the first fruits and tenths were granted and confirmed to the crown of england , for the better maintenance , and support of the royal estate . and if the people are since multiplied , whereby there is a further encrease of rents and tythes , and a greater value upon all commodities , the crown revenue should be improved towards the king's innumerable charges for the government , and well-being of those people , and holding a correspondence with all forreign princes , for their trade and commerce . as lately the spanish trade was restored at the king's charge . kings , and queens of england , gave most of the lands , tenements and hereditaments belonging to these ecclestastical dignities and promotions , and have also erected divers foundations , colledges , and houses of learning , and given large inheritances , and endowments thereunto , whereby most of the clergy have their educations , and are made fit for these dignities , and other ministerial offices in the church , without any great charge to their families , or relations , therefore good reason the first-fruits and tenths of all their dignities and benefices , should be paid to the king , whom they hold of , as patron paramount , and as supream head of the church , and defender of the faith of england . the statutes , and established laws of the land , are made for the full payment , and whole intire first-fruits and tenths , wherein the clergy themselves had their votes in parliaments . and it it is as great injustice for the clergie to withold any part of the kings dues , as others to deny them any part of their predial , personal , or mixt tythes , the subject in general suffers , wherein the kings revenue is abated , which of right belongs to the crown . every private person may , as often as he pleases , improve his own revenue , when occasion serves . the meanest subject is allowed the benefit of the law , and the king does him iustice , and maintains his property , according to the common and positive laws of the land . the king may expect the same ▪ benefit of the laws , and require his own rights , and revenues , by those rules of iustice , which all men are bound to observe and obey . three objections raised against payment , of first-fruits and tenths , answered by the petitioners . that the first-fruits and tenths , is an innovation obtruded upon the clergy of late times ▪ to this they answer , that the first-fruits and tenths , were paid in the saxons time , as appears by bedes ecclesiastical history , and have so contiued ever since in england , to this very day , and that those payments or tributes , bede calls vectigal , which signifies a badg of subordination of the clergie to the supream civil magistrate , and where they have cast off this tribute , the civil magistrate hath been subordinate to the authority of the church . that the first-fruits and tenths , are of a popish institution . answ. it may be satisfactory ●●ough , that this tribute of first-fruits and tenths , have been paid to all kings and queens of england , since the reformation in henry the eighth's time , without any repeal of any of the said statutes : but in the time of ●opery , ( viz. ) in the . and . of philip and marie , the act for paying of first-fruits and tenths was repealed , but confirmed again in the very first year of queen elizabeths reformation of religion from popery , by the statute of the . eliz. chap. . with a recital and ratification of all former statute● , that confirmed the same to the crown , and have continued in force ever since : so that if the tythes be jure divino , payable to the clergie for their administration of the word and sacraments to the people , the first-fruits and tenths jure politico are payable to the king , their soveraign lord , for his administration of iustice , and maintaining the rights , priviledges , and liberties , both of church and state . that the clergie of all orders and degrees , have lately suffered , and therefore ought not to be raised in their first fruits and tenths . answ. that the king hath suffered more , and his revenue much diminished by the late detestable and irreligious war , which hath been fomented , and encouraged by many thousands of the clergie , now confirmed in their livings by act of parliament , and the commons of england would more willingly pay their tythes , if they were sensible the first-fruits , and full tenths were to be paid to the king , as they lately expressed in their desires upon the like occasion of improving that part of the kings revenue . the incumbents have , and do daily take advantages for their tythes , of new tillage , and other improvements of land , which ought to be proportionably answered to the king . the bishops , and all other persons in spiritual dignities and promotions , may raise a full tenth part to be paid by their tenants , who offers now to advance so much besides the old reserved rents , and also to repair the ruins of their cathedral churches . six proposals to the king . . that the said petitioners will discharge the said debt of fifty thousand pounds due from the crown , as mentioned in their petition , and give good security for the payment of sixty thousand pounds yearly rent unto his majesty , his heirs or successours , kings of england , during the said term of one and thirty years , without any defalkation , other charges , or reprisal whatsoever . . that the petitioners will not take any first-fruits or tenths , of such benefice or living , which is appropriated to the cure of souls , that upon due examination and enquiry , shall not be indifferently found and returned at the full yearly value of thirty pounds upon the survey . . that no hospital , colledge , or schole shall pay any first-fruits or tents . . that the bishop shall not be troubled with the care or charge of collection of first-fruits or tenths , within his diocess : but be wholly busied in the other spiritual affairs of the church , and cure of souls . . that all ministers who were settled in livings , before the th . of may la● . and have already compounded for their first fruits , shall be discharged accordingly . . that the petitioners will prepare a bill that the said patent for one a●d thirty years may be confi●med by parliament , ( with his majestyes concurrence ) to the petitioners , containing such covenants ▪ clauses ▪ provisoes , conditions , and agreements , as the attorney general , and the rest of his majesties council , learned in the law shall reasonably advice and direct , whereby all legall power and authority may be granted and confirmed to the petitioners , to tax , levie , and receive the said first-fr●its and tenths , in as large and ample a manner , as by the said laws and statutes , the same were granted to the kings and queens of england , as aforesaid . three proposals offered to the clergie . . that upon the nomination , appointment , election , or presentation of a●● spiritual person , into t●e said dignities , benefices , or promotions , and before they enter into the actual possession thereof , they shall be bound in a recognizance , in the nature of a statute staple , with two sufficient sureties to pay the first fruits , according to the full value , as shall be returned upon a survey , payable within four years , after such nomination , election , presentation , or entrance , at eight severall payments , by equal portions ●very six moneths , and that one years tenths of every such dignity , benefice , or promotion , shall be deducted out of the said first-fruits . . that whereas by the liberty and disorder of the late depraved times , the clergie were not held in such reverence and esteem by the common people , as the dignity of their calling requires . and they have been forced to commence several actions for their tythes , and by reason of contentio●s and distempered spirits , the preaching of the word of god , hath been unprofitable to the people , that have taken aprejudice against the ministery . therefore a short bill shall be prepared by counsel , and offered to the parliam●nt , that an act may be passed for the speedy recovering of tythes , and that the two next iustices of the peace adjacent to the place , may have power upon complaint of any minister , or other person to whom the tythes do , or shall belong , to issue their warrants yo distrain the goods and chattels of any person or persons refussing to pay their tythes to whom they shall become due and payable as aforesaid . that love and vnity may be preserved between the ministers and their congregations . . that it shall be proposed to his majesty , that forthwith conmissions m●y be issued out in his majesties name throughout england and wales , to examine and finde out the full values of all dignities , benefices , parsonages and other spiritual promotions aforesaid to return the surveys ther●of , with the names of the patrons , and present incumbents , ( and in the mean time to suspend all proceedings in the first-fruits office ) and that his majesty would be pleased to appoint thomas coleman to be secretary for pres●ntations , ( of all such livings as shall be in his majesties dispose ) who is a fit person for that imployment , and will wholly intend his majesties service therein : to the end , that his majesty may be fully informed of the true value of those livings , that well qualified persons may be preferred , answerable to such promotions . and whereas for the ease of his majesty , several livings and promotions were heretofore in the lord chancellour , or lord keepers dispose , to be so continued , notwithstanding any new return of a greater value . further arguments will be given by the petitioners ▪ in convenient time , conducing both to the advantage of the king , and the benefit of the clergy as occasion requires . all which is humbly submitted to the considerations of his majesty , the lord chancellour , lord high treasurer , and lord chief baron , &c. g. c. october the th . . notes, typically marginal, from the original text notes for div a e- note , the current money of england much infeebled since those times . see the severall presidents and commissions with returns of full values in queen elizabeth's time . felix nullo que ut esse modo populus , cujus gubernandi potestas non penès regem sit divitem . felicia illa olim tempora , in quibus majus subditorum animis insedit utilitatis regiae studium , quam rerum suarum curae fa as king james was to the church of scotland . vide lord burley's speech to queen elizabeth . ●elode se est , quisquis de jure regali demit . the present yearly revenue not fifteen thousand pounds , all charges deducted . see selden upon tyhes of the eastern countries . vide sir henry yelverton's advice to king james . vide doctour iohn gerson in his treatise called regulae morales . necessary that an assistant be to the secretaries of state by reason of their m●ny other ●eighty affairs . ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the right reverend father in god, edward, lord bishop of worcester. stillingfleet, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the right reverend father in god, edward, lord bishop of worcester. stillingfleet, edward, - . xxvii, [ ], p. printed by j.h. for henry mortlock.., london : . reproduction of original in the union theological seminary library, new york. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ecclesiastical law -- england. law reports, digests, etc. -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion ecclesiastical cases relating to the duties and rights of the parochial clergy , stated and resolved according to the principles of conscience and law : by the right reverend father in god , edward , lord bishop of worcester . london , printed by i. h. for henry mortlock at the phoenix in st. paul's church-yard , . to the reverend clergy of the diocese of worcester . my brethren , the following discourses do of right belong to you ; the substance of them being contained in what i delivered to you in several times and places , in the course of my visitations : in which i endeavoured to lay open the nature and dignity of your function , the rules you are to observe in the discharge of it , and to state and resolve the most important cases which relate to your duties and rights , according to the principles both of law and conscience . for i observed that some had spoken very well of the general nature of the ecclesiastical function , without a particular regard to the limitations of the exercise of it by our laws . others had endeavoured to give advice and counsel in point of law , who meddle not with the obligation of conscience . and therefore i thought it necessary to joyn both these together , that you might have a clear and distinct view of your duties in both respects . for in a matter of positive institution , where only the general duties are prescribed in scripture , and the bounds of the exercise of them depend upon the laws of the land , i could not see how any person could satisfie himself in the discharge of his duty , without a regard to both . for the care of souls in general , is a matter of wonderful weight and importance , and can never be sufficiently considered by those who are concerned in it . but no man among us takes upon him an indefinite care of souls , without regard to persons or places ; for that would produce confusion and endless scruples , and perplexities of conscience about the nature and obligation to particular duties , which cannot be prevented or removed without a right understanding the different respect all that have taken our holy function upon them , do stand in both to the church in general , and to that particular cure of souls which they are admitted to . the best way i know to represent them , is to consider the case of dominion and property ; and how far the vniversal obligation of mankind to promote each others good , is consistent with the care of their own and families welfare . adam had in himself the entire and original dominion over all those things , which after became the subject of particular property ; when his posterity found it necessary to make and allow several shares and allotments to distinct families , so as they were not to incroach , or break in upon one another . but the law of nature did not prescribe the way and method of partition , but left that to occupancy or compact : and so the heads of families upon their settlement in any countrey , had a twofold obligation upon them ; the first was to preserve the interest of the whole body , to which they still were bound , and were to shew it upon such occasions as required it . the next was to take particular care of these shares which belonged to themselves , so as to improve them for their service , and to protect them from the invasion of others . and although this division of property was not made by any antecedent law , yet being once made , and so useful to mankind , the violation of it , by taking that which is anothers right , is a manifest violation of the law of nature . i do not think , that the distribution of ecclesiastical cures , for the greater benefit of the people , is of so strict a nature ; because the matter of property doth not extend to this case in such a manner . but since an vniversal good is carried on by such a division far better than it could be without it , there is an obligation lying on all persons who regard it , to preserve that order which conduces to so good an end. and i cannot see how any persons can better justifie the breach of parochial communion as such , than others can justifie the altering the bounds of mens rights and properties , because they apprehend that the common good may be best promoted by returning to the first community of all things . if our blessed saviour , or his holy apostles in the first founding of churches , had determined the number of persons , or fixed the bounds of places within which those who were ordained to so holy a function , were to take care of the souls committed to them , there could have been no dispute about it among those who owned their authority . but their business was to lay down the qualifications of such as were fit to be imployed in it ; to set before them the nature of their duties , and the account they must give of the discharge of them ; and to exhort all such as under took it to a watchfulness , and diligence in their places ; but they never go about to limit the precincts , within which they were to exercise the duties incumbent upon them . when churches were first planted in several countries , there could be no such things expected as parochial divisions ; for these were the consequents of the general spreading of christianity among the people . as is evident in the best account we have of the settlement of the parochial clergy among us , after christianity was received by the saxons . which was not done all at once , but by several steps and degrees . it cannot be denied by any , that are conversant in our histories , that the nation was gradually converted from paganism by the succesful endeavours of some bishops and their clergy in the several parts of england . not by commission from one person ( as is commonly supposed ) but several bishops came from several places , and applied themselves to this excellent work , and god gave them considerable success in it . thus bizinus did great service among the west saxons ; and felix the burgundian among the east-saxons ; and the northern bishops in the midland-parts , as well as augustin and his companions in the kingdom of kent . and in these midland-parts , as christianity increased , so the bishops sees were multiplied ( five out of one ) and placed in the most convenient distances for the further inlarging and establishing christianity among the people . the bishops were resident in their own sees , and had their clergy then about them , whom they sent abroad , as they saw cause , to those places where they had the fairest hopes of success . and according thereto they either continued or removed them , having yet no fixed cures or titles . all the first titles were no other than being entred in the bishops register , as of his clergy , from which relation none could discharge himself , without the bishop's consent . but as yet the clergy had no titles to any particular places , there being no fixed bounds of parishes , wherein any persons were obliged to be resident for the better discharge of their duties . this state of an vnfixed and itinerant clergy was soon found to be very inconvenient ; and therefore all incouragement was given , where christianity most prevailed , for the building churches at a convenient distance from the cathedral , and setling a number of presbyters together there , which were after called collegiate-churches ; and the great and devout men of that time gave them liberal endowments that they might the better attend the service of god there , and in the countrey about them . but after that the several parts grew to be more populous , and lords of manors , for the conveniency of themselves and their tenants , were willing to erect churches within their precincts , laws were then made , that they might detain one share of the tithes for the supply of this new church ; the other two remaining due to the mother church . and i can find nothing like any allowance for the lords of manors to appropriate the other two parts as they thought fit . for those manors themselves were but parcels of larger parishes ; and the tithes were due from those estates , which were no part of their manors , and therefore they had nothing to do with them . but after the norman invasion , the poor parochial clergy being saxons , and the nobility and bishops normans , they regarded not how much they reduced the inferiour clergy , to enrich the monasteries belonging to the normans , either at home or abroad . and this i take to be the true reason of the multitude of appropriations of two thirds of the tithes in the norman times , and too often with the consent of the bishops , who ought to have shewed more regard to the interest of the parochial clergy than they generally did . but of this i have discoursed more at large in one of the following cases . in the latter end of the saxon times , if we believe those called the confessors laws , after all the danish devastations , there were three or four churches where there had been but one before . by which it appears that the parochial clergy were numerous before the conquest . and within this diocess , in two deanaries of it , there are to be found in doomsday-book above twenty parish-churches : in the deanary of warwick , ten ; and in the deanary of kingstone , fifteen : but of the former seven were appropriated in the norman times ; and of the latter , ten ; by which we may see to how low a condition they then brought the parochial clergy . one church in the former deanary i find built in that time , and that was at exhal ; which was before a chapel to salford , but was erected in the time of h. . by the lord of the manor and freeholders , who gave the glebe and tithes , as appears by the confirmation of simon bishop of worcester . many other parochial churches , i doubt not , were built and endowed after the same manner , although the records of them are lost . and as churches were new erected , the parochial bounds were fixed , that the people might certainly know whither they were to resort for divine worship , who were bound to attend them as part of their charge , from whose hands they were to receive the holy sacraments , and whose advice and counsel they were to take in matters which related to the salvation of their souls . now here lies the main difficulty with some people ; they cannot think that parochial bounds are to determine them in what concerns the good of their souls ; but if they can edifie more by the parts and gifts of another , they conclude , that it is their duty to forsake their own minister , and go to such a one as they like . i meddle not with extraordinary occasions of absence , nor with the case of scandalous incumbents , because it is the peoples fault if they be not prosecuted , and the place supplied by better men. but the case , as it ought to be put , is , how far a regard is to be shewed to a constitution so much for the general good , as that of parochial communion is . we do not say , that mens consciences are bound by perambulations , or that it is a sin at any time to go to another parish ; but we say , that a constant fixed parochial communion , tends more to preserve the honour of god , and the religion established among us , to promote peace and vnity among neighbours , and to prevent the mischief of separation . and what advances so good ends , is certainly the best means of edification : which lies not in moving the fansie , or warming the passions , but in what brings men to a due temper of mind , and a holy , peaceable , and unblameable conversation . and as to these excellent ends , it is not only your duty with great zeal and diligence to perswade your people to them ; but to go before them your selves in the practice of them . for they will never have any hearty regard or esteem for what any one says , if they find him to contradict it in the course of his life . suppose it be the peoples fault to shew so little regard to your profession ; yet you are bound to consider how far you may have given too much occasion for it , and their fault can be no excuse for you , if any of your own were the true occasion of theirs . we live in an age wherein the conversations of the clergy are more observed than their doctrines . too many are busie in finding out the faults of the clergy , the better to cover their own ; and among such priest craft is become the most popular argument for their insidelity . if they could once make it appear ; that all religion were nothing but a cheat and imposture of some cunning men for their own advantage , who believed nothing of it themselves ; and that all the business of our profession was to support such a fraud in the world for our own interest , they were very excusable in their most bitter invectives against such priest-craft . for nothing is more to be abhorred by men of ingenuous minds , and natural probity , than to be the instruments of deceiving mankind in so gross a manner . but , thanks be to god , this is very far from being the case among us ; for our profession is built upon the belief of god and providence , the difference of good and evil , and the rewards and punishments of another life . if these things have no foundations , we are certain that the best , and wisest , and most disinterested men in all ages have been in the same fundamental mistakes . and it is now somewhat too late for any persons to set up for sagacity and true iudgment in these matters , above all those of foregoing ages . there is a mighty difference between slight and superficial reasonings , ( although some may be vain enough to cry them up for oracles ) and those which are built on the nature of things , and have born the test of so many ages , and remain still in the same degree of firmness and strength , notwithstanding all the batteries of profane and atheistical wits . for it cannot be denied , that such there have been in former times as well as now ; but that makes more for the advantage of religion , that our modern pretenders are fain to borrow from the old stock ; and scarce any thing worth answering hath been said by them , but hath been often said , and with more force by their masters . and the best philosophers of this age have given up the cause of atheism as indefensible ; so that the being of god and providence seems to be established by a general consent ; and if any secretly be of another mind , they think it not for their reputation to own it . the main pretence now is against revealed religion ; but without offering to shew how so great and considerable a part of mankind as the christian church hath been made up of , came to be so imposed upon , as to a doctrine which advances morality to the greatest height , and gives mankind the most assured hopes of a blessed immortality , when nothing like interest and design as to this world , could be carried on by the first and greatest promoters of it . but we are told in a late complaint made abroad by a friend of our deists ( wherein i am particularly concerned ) that we make objections for them which are most easie to answer , and pass over their most considerable difficulties . which is a very unjust charge , and cannot be made good but by producing those considerable difficulties which we have taken no notice of . for my part , i know of none such : and we make no objections for them ; however , we may think it our duty to lay open the weakness of them , when we are importuned to do it ; which was my case in the treatise i suppose he refers to . if they keep their considerable difficulties to themselves . i know not how we should be able to answer them . but it is the common way in a baffled cause still to pretend , that the main difficulties were not produced . but this is not a proper occasion to insist lon●er on these matters ; my present business is to answer the objection which immediately regards the clergy ; and the summ of it is , that our profession rather hinders than confirms the belief of religion ; because they who plead for what makes for their interest , are always suspected to be swayed more by interest than by reason . to give a full and clear answer to this , we must consider , that however mankind are apt to be swayed by interest , yet the truth and reason of things do not at all depend upon them ; for a thing is not true or false in it self , because it makes for or against a man ; and the measures of judging truth and falshood , are quite of another nature ; and so mens interests come not into consideration . so that in this case they are not to examine whose turn is served , whether such a thing be true or false ; but whether there be sufficient evidence to convince an impartial mind of the truth of it ; for let the reasons be produced by whom they please , the grounds of conviction are the same . if a man in a dispute about surveying a piece of land , which he claimed a right to , should appeal to the elements of geometry in his case , would the evidence be less because he was concerned in the land ? but we proceed farther ; suppose it be for the interest of religion in a nation , for an order of men to be set apart on purpose to attend the services of it ; and that there should be great incouragements for their education ; and a maintenance set apart for their subsistence afterwards , that they may not live in dependance on the humours and uncertain fancies of the people ; how can such a constitution take off from the credibility of that religion which they are to support ? was it any lessening to the authority of the law of moses , that the tribe of levi was so plentifully provided for by god's own appointment ? they were to teach the law to the people in the places where they were dispersed among the several tribes : and suppose it had been then said , why should we believe what you say , when you live by it ? you have cities , and lands , and tithes , and oblations , and dignities among you ; no wonder you set up this law as divine and holy ; but we get nothing by it , but part with a share of our profits to maintain you ? what then ? was the law therefore false , and moses an impostor ? these are hard consequences , but they naturally follow from such a supposition . and if such an inference were not reasonable then , neither will it appear to be so now . but we do not pretend that the parochial settlement of our clergy is by such a divine law as the levitical priesthood was ; but this we do insist upon , that the christian religion being owned and established in the nation , there was a necessary reason from the nature of it , and the obligation to preserve and support it , that there should be an order of men set apart for that end , that they should instruct the people in it , and perform the several offices belonging to it ; and that a sufficient maintenance be allowed them by the law of the land to support them in doing their duties . and i appeal to any men of sense or of common vnderstanding , whether on supposition that our religion is true , these be not very just and reasonable things ? how then can that make a religion suspected to be false , which are very reasonable , supposing it to be true ? if it be true , as most certainly it is , are not they bound to maintain it to be true ? and can it be the less so , because their subsistence depends upon it ? therefore all the impertinent talk of our profession being a trade , can signifie nothing to any men that understand the difference between scarron and euclid , or the way of burlesquing and of demonstration . there is still one common prejudice to be removed , and that is , that too many of those who preach up our religion , as true , do not live as if they believed it to be so . we are very sorry , there should be any occasion given for such a reproach as this ; and we hope there are not so many instances of it , as some would have it believed . woe be to those by whom such offences come . but supposing the instances true , is there any religion in the world , considering the follies and infirmities of mankind , which can secure all the professors of it from acting against the rules of it ? but if such instances are sufficiently proved , there ought to be the greater severity used in such cases ; because religion it self , as well as the honour of our church , suffers so much by them . but it will still be said , that these persons are secret infidels , and believe nothing of what they profess . this is another point , how far bad lives are consistent with sound opinions : some that think that men act consistently , will not allow that bad men can be any other than meer infidels ; but others who consider the prevalency of mens lusts and passions over their reasons , are apt to think that they may retain their good opinions , even when they act contrary to them : but then their consciences fly in their faces , and they condemn themselves for their evil actions . and then these very instances are an argument against infidelity ; for we may justly presume , that they would shake off their fears of another world , if they could . but why should some instances of this nature signifie more against religion , than the many remarkable examples of a godly , righteous and sober life among the clergy , to a stronger confirmation of it ? for they have had greater occasion of searching into all the considerable difficulties about religion , than others can pretend to ; and i do not know any that have imployed most time and pains about it , but have had greater satisfaction as to the truth and excellency of it . thus i have endeavoured to remove the most common prejudices of our times , against our profession . it would now be proper for me to give some particular directions to you , but that is so much the business of the following discourses , that i shall refer you to them ; and commend you to the grace and blessing of almighty god , that you may so carefully discharge your duties in this world , that it may advance your happiness in another . i am your affectionate friend and brother edw. wigorn . hartlebury c. apr. . . errata . preface , pag. viii . lin . . read birinus . p. xii . l. . r. kington . p. . l. . after fraudes add & . p. . l. . r. birinus . p. . l. . r. wulstan . p. . l. . r. flocks they go to . p. . l. . after but , insert to perswade you . p. . l. . for more r. meer . p. . l. . for titles r. tithes . p. . l. . r. a●b●rdus . p. . l. . r. guthrun . p. . l. . for than r. as . the contents . case i. the bishop of worcester's charge to the clergy of his diocess , in his primary visitation , &c. p. . ii. of the nature of the trust committed to the parochial clergy , &c. p. . iii. of the particular duties of the parochial clergy , &c. p. . iv. of the maintenance of the parochial clergy by law , p. . v. of the obligation to observe the ecclesiastical canons and constitutions , &c. p. . to which is annexed a discourse concerning bonds of resignation , &c. a catalogue of books published by the right reverend father in god , edward lord bishop of worcester , and sold by henry mortlock at the phoenix in st. paul's church-yard . a rational account of the grounds of the protestant religion ; being a vindication of the lord archbishop of canterbury's relation of a conference , &c. from the pretended answer of t. c. the second edition . folio . origines britannicae , or the antiquities of the british churches , with a preface concerning some pretended antiquities relating to britain , in vindication of the bishop of st. asaph . folio . irenicum , a weapon-salve for the churches wounds . quarto . origines sacrae : or a rational account of the grounds of christian faith , as to the truth and divine authority of the scriptures , and the matters therein contained . the fifth edition , corrected and amended . quarto . the unreasonableness of separation , or an impartial account of the history , nature and pleas of the present separation from the communion of the church of england . quarto . a discourse concerning the idolatry practised in the church of rome , and the hazard of salvation in the communion of it , in answer to some papers of a revolted protestant , wherein a particular account is given of the fanaticism and divisions of that church . octavo . an answer to several late treatises occasioned by a book , entitled , a discourse concerning the idolatry practised of the church of rome , and the hazard of salvation in the communion of it : part i. octavo . a second discourse in vindication of the protestant grounds of faith , against the pretence of infallibility in the church of rome , in answer to the guide in controversie , by r. h. protestancy without principles , and reason , and religion ; or the certain rule of faith , by e. w. with a particular enquiry into the miracles of the roman church . octavo . an answer to mr. cressy's epistle apologetical to a person of honour , touching his vindication of dr. stillingfleet . octavo . a defence of the discourse concerning the idolatry practised in the church of rome , in answer to a book entitled , catholicks no idolaters . octavo . several conferences between a romish priest , a fanatick chaplain , and a divine of the church of england ; being a full answer to the late dialogues of t. g. octavo . the council of trent examin'd and disprov'd by catholick tradition , in the main points in controversie between us and the church of rome ; with a particular account of the times and occasions of introducing them . a discourse concerning the doctrine of christ's satisfaction ; or the true reasons of his sufferings , with an answer to the socinian objections , and a preface concerning the true state of the controversie about christ's satisfaction . octavo . second edition . a discourse in vindication of the doctrine of the trinity : with an answer to the late socinian objections against it , from scripture , antiquity and reason : and a preface concerning the different explication of the trinity , and the tendency of the present socinian controversie . octavo . second edition . the bishop of worcester's answer to mr. locke's letter concerning some passages relating to his essay of humane understanding , mention'd in the late discourse in vindication of the trinity . octavo . the bishop of worcester's answer to mr. locke's second letter , wherein his notion of idea's is proved to be inconsistent with it self , and with the articles of the christian faith. octavo . sermons preached upon several occasions , in three volumes in octavo . the effigies of the right reverend father in god , edward lord bishop of worcester , engraven on a copper-plate . price d. the bishop of worcester's charge to the clergy of his diocese , in his primary visitation , begun at worcester , september th . . my brethren , this being my primary visitation , i thought it fitting to acquaint my self with the ancient as well as modern practice of episcopal visitations , and as near as i could , to observe the rules prescribed therein , with respect to the clergy , who are now summoned to appear . and i find there were two principal parts in them , a charge and an enquiry . the charge was given by the bishop himself , and was called admonitio episcopi , or allocutio ; wherein he informed them of their duty , and exhorted them to perform it . the enquiry was made according to certain articles drawn out of the canons , which were generally the same ; according to which the iuratores synodi ( as the ancient canonists call them ; or testes synodales ) were to give in their answers upon oath ; which was therefore called iuramentum synodale ; for the bishop's visitation was accounted an episcopal synod . the former of these is my present business ; and i shall take leave to speak my mind freely to you , this first time , concerning several things which i think most useful , and fit to be considered and practised by the clergy of this diocese . for , since it hath pleased god , by his wise and over-ruling providence , ( without my seeking ) to bring me into this station in his church , i shall esteem it the best circumstance of my present condition , if he please to make me an instrument of doing good among you . to this end , i thought it necessary in the first place , most humbly to implore his divine assistance , that i might both rightly understand , and conscientiously perform that great duty which is incumbent upon me ; for without his help , all our thoughts are vain , and our best purposes will be ineffectual . but god is not wanting to those who sincerely endeavour to know , and to do their duty ; and therefore in the next place , i set my self ( as far as my health and other occasions would permit ) to consider the nature and extent of my duty ; with a resolution not to be discouraged , altho i met with difficulties in the performance of it . for such is the state and condition of the world , that no man can design to to do good in it ; but when that crosses the particular interests and inclinations of others , he must expect to meet with as much trouble as their unquiet passions can give him . if we therefore consulted nothing but our own ease , the only way were to let people follow their humours and inclinations , and to be as little concerned as might be , at what they either say or do . for if we go about to rowze and awaken them , and much more to reprove and reform them , we shall soon find them uneasie and impatient ; for few love to hear of their faults , and fewer to amend them . but it is the peculiar honour of the christian religion , to have an order of men set apart , not meerly as priests , to offer sacrifices ( for that all religions have had ) but as preachers of righteousness , to set good and evil before the people committed to their charge ; to inform them of their duties , to reprove them for their miscarriages ; and that , not in order to their shame , but their reformation : which requires not only zeal , but discretion , and a great mixture of courage and prudence , that we may neither fail in doing our duty , nor in the best means of attaining the end of it . if we could reasonably suppose , that all those who are bound to tell others their duties , would certainly do their own , there would be less need of any such office in the church as that of bishops ; who are to inspect , and govern , and visit , and reform those who are to watch over others . but since there may be too great failings even in these ; too great neglect in some , and disorder in others ; too great proneness to faction and schism , and impatience of contradiction from mere equals ; therefore st. ierom himself grants , that to avoid these mischiefs , there was a necessity of a superiour order to presbyters in the church of god ; ad quem omnis ecclesiae cura pertineret , & schismatum semina tollerentur ; as he speaks , even where he seems most to lessen the authority of bishops . but whatever some expressions of his may be , ( when the bishop of ierusalem and the roman deacons came into his head ) his reasons are very much for the advantage of episcopal government . for can any man say more in point of reason for it , than that nothing but faction and disorder followed the government of presbyters , and therefore the whole christian church agreed in the necessity of a higher order , and that the peace and safety of the church depends upon it ; that if it be taken away , nothing but schisms and confusions will follow . i wish those who magnifie s. ierom's authority in this matter , would submit to his reason and authority both , as to the necessity and usefulness of the order of bishops in the church . but beyond this , in several places , he makes the bishops to be successors of the apostles , as well as the rest of the most eminent fathers of the church have done . if the apostolical office , as far as it concerns the care and government of churches , were not to continue after their decease , how came the best , the most learned , the nearest to the apostolical times , to be so wonderfully deceiv'd ? for if the bishops did not succeed by the apostles own appointment , they must be intruders and usurpers of the apostolical function ; and can we imagine the church of god would have so universally consented to it ? besides , the apostles did not die all at once ; but there were successors in several of the apostolical churches , while some of the apostles were living : can we again imagine , those would not have vindicated the right of their own order , and declared to the church , that this office was peculiar to themselves ? the change of the name from apostles to bishops , would not have been sufficient excuse for them ; for the presumption had been as great in the exercise of the power without the name . so that i can see no medium , but that either the primitive bishops did succeed the apostles by their own appointment and approbation , ( which irenaeus expresly affirms , qui ab apostolis ipsis instituti sunt episcopi in ecclesiis ) or else those who governed the apostolical churches after them , out-went diotrephes himself ; for he only rejected those whom the apostles sent ; but these assumed to themselves the exercise of an apostolical authority over the churches planted and setled by them . but to let us see how far the apostles were from thinking that this part of their office was peculiar to themselves , we find them in their own time , as they saw occasion , to appoint others to take care of the government of the churches , within such bounds as they thought fit . thus timothy was appointed by st. paul at ephesus , to examine the qualifications of such as were to be ordained ; and not to lay hands suddenly on any ; to receive accusations , if there were cause , even against elders ; to proceed judicially before two or three witnesses : and if there were reason , to give them a publick rebuke . and that this ought not to be thought a slight matter , he presently adds , i charge thee before god , and the lord iesus christ , and the elect angels , that thou observe these things , without preferring one before another , doing nothing by partiality . here is a very strict and severe charge for the impartial exercise of discipline in the church upon offenders . and although in the epistle to titus , he be only in general required to set in order the things that are wanting , and to ordain elders in every city , as he had appointed him ; yet we are not to suppose , that this power extended not to a iurisdiction over them when he had ordained them . for if any of those whom he ordained ( as believing them qualified according to the apostles rules ) should afterwards demean themselves otherwise , and be self-willed , froward , given to wine , brawlers , covetous , or any way scandalous to the church , can we believe that titus was not as well bound to correct them afterwards , as to examine them before ? and what was this power of ordination and iurisdiction , but the very same which the bishops have exercised ever since the apostles times ? but they who go about to unbishop timothy and titus , may as well unscripture the epistles that were written to them ; and make them only some particular and occasional writings , as they make timothy and titus to have been only some particular and occasional officers . but the christian church preserving these epistles , as of constant and perpetual use , did thereby suppose the same kind of office to continue , for the sake whereof those excellent epistles were written : and we have no greater assurance that these epistles were written by st. paul , than we have that there were bishops to succeed the apostles in the care and government of churches . having said thus much to clear the authority we act by , i now proceed to consider the rules by which we are to govern our selves . every bishop of this church , in the time of his consecration makes a solemn profession , among other things , that he will not only maintain and set forward , as much as lies in him , quietness , love and peace among all men ; but that he will correct and punish such as be unquiet , disobedient , and criminous within his diocese , according to such authority as he hath by god's word , and to him shall be committed by the ordinance of this realm . so that we have two rules to proceed by , viz. the word of god , and the ecclesiastical law of this realm . ( ) by the word of god ; and that requires from us , diligence , and care , and faithfulness , and impartiality , remembring the account we must give , that we may do it with ioy and not with grief . and we are not meerly required to correct and punish , but to warn and instruct , and exhort the persons under our care , to do those things which tend most to the honour of our holy religion , and the church whereof we are members . and for these ends there are some things i shall more particularly recommend to you . ( . ) that you would often consider the solemn charge that was given you , and the profession you made of your resolution to do your duty at your ordination . i find by the provincial constitution of this church , that the bishops were to have their solemn profession read over to them twice in the year , to put them in mind of their duty . and in the legatine constitutions of otho , ( h ▪ . ) the same constitution is renewed , not meerly by a legatine power , but by consent of the archbishops , and bishops of both provinces ; wherein i● is declared , that bishops ought to visi● their diocesses at fit times , correcting and reforming what was amiss , and sowing the word of life in the lords field ; and to put them the more in mind of it , they were twice in the year to have their solemn profession read to them . it seems then , that profession contained these things in it ; or else the reading that could not sti● them up to do these things . what the profession was which presbyters then made at their ordination , we have not so clear an account , but in the same council at oxford , h. . i● is strictly enjoined , that all rector● and vicars should instruct the people committed to their charge , and fee● them , pabulo verbi dei , with the food of god's word ; and it is introduced with that expression , that they might excite the parochial clergy to be more diligent in what was most proper for those times . and if they do it not , they are there called canes muti : and lyndwood bestows many other hard terms upon them , which i shall not mention ; but he saith afterward , those who do it not , are but like idols , which bear the similitude of a man , but do not the offices proper to men. nay , he goes so far as to say , that the spiritual food of god's word is as necessary to the health of the soul , as corporal food is to the health of the body . which words are taken out of a preface to a canon in the decretals de officio iud. ordinarii , inter caetera . but they serve very well to shew how much even in the dark times of popery , they were then convinced of the necessity and usefulness of preaching . these constitutions were slighted so much , that in edw. . the office of preaching was sunk so low , that in a * provincial constitution at that time , great complaint is made of the ignorance and stupidity of the parochial clergy , that they rather made the people worse than better . but at that time the preaching friars had got that work into their hands by particular priviledges , where it is well observed , that they did not go to places which most needed their help , but to cities and corporations , where they found most incouragement . but what remedy was found by this provincial council ? truly , every parochial priest four times a year was bound to read an explication of the creed , ten commandments , the two precepts of charity , the seven works of mercy , the seven deadly sins , the seven principal vertues , and the seven sacraments . this was renewed in the province of york , ( which had distinct provincial constitutions ) in the time of edw. . and here was all they were bound to by these constitutions . but when wickliff and his followers had awakened the people so far , that there was no satisfying them without preaching , then a new provincial constitution was made under arundel , archbishop of canterbury ; and the former constitution was restrained to parochial priests who officiated as curates ; but several others were authorized to preach ; as ( . ) the mendicant friars were said to be authorized iure communi , or rather privilegio speciali , ( but therefore lyndwood saith , it is said to be iure communi , because that privilege is recorded in the text of the canon law ) these were not only allowed to preach in their own churches , but in plateis publicis , saith lyndwood , out of the canon law ( wherein those words were expressed ) and at any hour , unless it were the time of preaching in other churches ; but other orders , as augustinians and carmelites , had no such general license . those preaching friars were a sort of licensed preachers at that time , who had no cures of souls ; but they were then accounted a kind of pastors . for io. de athon . distinguisheth two sorts of pastors ; those who had ecclesiastical offices , and those who had none , but were such only verbo & exemplo ; but they gave very great disturbance to the clergy , as the pope himself confesses in the canon law. ( . ) legal incumbents authorized to preach in their own parishes iure scripto . all persons who had cures of souls , and legal titles , were said to be missi à iure ad locum & populum curae suae , and therefore might preach to their own people without a special license ; but if any one preached in other parts of the diocess , or were a stranger in it , then he was to be examined by the diocesan , and if he were found tam moribus quam scientia idoneus , he might send him to preach to one or more parishes , as he thought meet ; and he was to shew his license to the incumbent of the place , before he was to be permitted to preach , under the episcopal seal . and thus , as far as i can find , the matter stood as to preaching , before the reformation . after it , when the office of ordination was reviewed and brought nearer to the primitive form ; and instead of delivering the chalice and patten , with these words , accipe potestatem offerre deo sacrificium , &c. the bishop delivered the bible with these words , take thou authority to preach the word of god , and to minister the holy sacraments in the congregation , &c. the priests exhortation was made agreeable thereto , wherein he exhorts the persons in the name of our lord jesus christ , to consider the weight and importance of the office and charge they are called to ; not barely to instruct those who are already of christ's flock , but to endeavour the salvation of those who are in the midst of this naughty world. and therefore he perswades and charges them from a due regard to christ , who suffered for his sheep , and to the church of christ , which is so dear to him , to omit no labor , care or diligence in instructing and reforming those who are committed to their charge . and the better to enable them to perform these things , there are some duties especially recommended to them , viz. prayer , and study of the holy scriptures , according to which they are to instruct others , and to order their own lives , and of those who belong to them . and that they might the better attend so great a work , they are required to forsake and set aside ( as much as they may ) all worldly cares and studies , and apply themselves wholly to this one thing , that they may save themselves and them that hear them . after which follows the solemn profession , wherein they undertake to do these things . this is that , my brethren , which i earnestly desire of you , that you would often consider . you are not at liberty now , whether you will do these things or not ; for you are under a most solemn engagement to it . you have put your hands to the plough , and it is too late to think of looking back ; and you all know the husbandman's work is laborious and painful , and continually returning . it is possible after all his pains , the harvest may not answer his expectation ; but yet if he neither plows nor sows , he can expect no return ; if he be idle and careless , and puts off the main of his work to others , can he reasonably look for the same success ? believe it , all our pains are little enough to awake the sleepy and secure sinners , to instruct the ignorant , to reclaim the vitious , to rebuke the profane , to convince the erroneous , to satisfie the doubtful , to confirm the wavering , to recover the lapsed ; and to be useful to all , according to their several circumstances and conditions . it is not to preach a sermon or two in a weeks time to your parishioners , that is the main of your duty ; that is no such difficult task , if men apply their minds as they ought to do to divine matters , and do not spend their retirements in useless studies ; but the great difficulty lies in watching over your flock , i. e. knowing their condition , and applying your selves uitably to them . he that is a stranger to his flock , and only visits them now and then , can never be said to watch over it ; he may watch over the fleeces , but he understands little of the state of his flock , viz. of the distempers they are under , and the remedies proper for them . the casuists say , that the reason why there is no command for personal residence in scripture , is , because the nature of the duty requires it ; for if a person be required to do such things which cannot be done without it , residence is implied . as a pilot to a ship , needs no command to be in his ship ; for how can he do the office of a pilot out of it ? let none think to excuse themselves by saying , that our church only takes them for curates , and that the bishops have the pastoral charge ; for by our old provincial constitutions ( which are still in force so far as they are not repugnant to the law of the land ) even those who have the smallest cures are called pastors ; and lyndwood there notes , that parochialis sacerdos dicitur pastor ; and that not meerly by way of allusion , but in respect of the care of souls . but we need not go so far back . for what is it they are admitted to ? is it not ad curam animarum ? did not they promise in their ordination , to teach the people committed to their care and charge ? the casuists distinguish a threefold cure of souls . . in foro interiori tantum , and this they say is the parochial cure. . in foro exteriori tantum , where there is authority to perform ministerial acts , as to suspend , excommunicate , absolve , ( sine pastorali curâ : ) and this archdeacons have by virtue of their office. . in utroque simul , where there is a special care , together with jurisdiction : this is the bishops . and every one of these , say they , secundum commune ius canonicum , is obliged to residence , i. e. by the common law ecclesiastical ; of which more afterwards . the obligation is to perpetual residence , but as it is in other positive duties , there may other duties intervene , which may take away the present force of it ; as care of health , necessary business , publick service of the king or church , &c. but then we are to observe that no dispensation can justifie a man in point of conscience , unless there be a sufficient cause ; and no custom can be sufficient against the natural equity of the case , whereby every one is bound from the nature of the office he hath undertaken . i confess the case in reason is different , where there is a sufficient provision by another fit person , and approved by those who are to take care that places be well supplied , and where there is not ; but yet , this doth not take off the force of the personal obligation , arising from undertaking the cure themselves , which the ecclesiastical law understands to be , not meerly by promise , but cum effectu , as the canonists speak ; which implies personal residence . not that they are never to be away ; non sic amarè intelligi debet , ut nunquam inde recedat , saith lyndwood ; but these words are to be understood civili modo , as he expresses it , i. e. not without great reason . there must not be , saith he , callida interpretatio , sed talis ut cessent fraudes negligentiae , i. e. there must be no art used to evade the law , nor any gross neglect of it . it 's true , the canonists have distinguished between rectories and vicarages , as to personal residence ; but we are to consider these things . . the canon law strictly obliges every one that hath a parochial cure to perpetual residence , and excepts only two cases , when the living is annexed to a prebend or dignity ; and then he who hath it , is to have a perpetual vicar instituted , with a sufficient maintenance . . after this liberty obtained for dignified persons to have vicars endowed in their places , the point of residence was strictly enjoined to them : and we find in the provincial constitutions a difference made between personatus and vicaria ; but this was still meant of a vicarage endowed . this was in the time of stephen langton , archbishop of canterbury ; and in another constitution he required an oath of personal residence from all such vicars , altho' the place were not above the value of five marks ; which , as appears by lyndwood elsewhere , was then sufficient for maintenance and hospitality . and to cover the shameful dispensations that were commonly granted to the higher clergy , under pretence of the papal power , the poor vicars by a constitution of otho , were bound to take a strict oath of continual residence ; and without it their institution was declared to be null . but even in that case the gloss there saith , that they may be some time absent for the benefit of the church or state ; but not for their own particular advantage . . the obligation in point of conscience remains the same , but dispensing with laws may take away the penalty of non-residence in some cases . ioh. de athon . canon of lincoln , who wrote the glosses on the legatine constitutions , doth not deny , but that rectors are as well bound to residence as vicars ; but these are more strictly tied by their oath ; and because a vicar cannot appoint a vicar , but a parson may . and altho' that name among some be used as a term of reproach , yet in former ages personatus and dignitas were the same thing ; and so used here in england in the time of henry ii. but afterwards it came to be applied to him that had the possession of a parochial benefice in his own immediate right ; and was therefore bound to take care of it . for the obligation must in reason be supposed to go along with the advantage ; however local statutes may have taken off the penalty . ii. when you have thus considered the obligation which lies upon you , to take care of your flock , let me in the next place recommend to you a plain , useful , and practical way of preaching among them . i mean such as is most likely to do good upon them ( which certainly ought to be the just measure of preaching . ) i do not mean therefore a loose and careless way of talking in the pulpit , which will neither profit you , nor those that hear you . he that once gets an ill habit of speaking extempore , will be tempted to continue it by the easiness of it to himself , and the plausibleness of it to less judicious people . there is on the other side , a closeness and strength of reasoning , which is too elaborate for common understandings ; and there is an affected fineness of expression which by no means becomes the pulpit : but it seems to be like stroaking the consciences of people by feathers dipt in oil. and there is a way of putting scripture-phrases together without the sense of them , which those are the most apt to admire , who understand them least : but for those who have not improved their minds by education , the plainest way is certainly the best and hardest , provided , it be not flat , and dry , and incoherent , or desultory , going from one thing to another , without pursuing any particular point home to practice , and applying it to the consciences of the hearers . and give me leave to tell you , that meer general discourses have commonly little effect on the peoples minds ; if any thing moves them , it is particular application as to such things which their consciences are concerned in . and here i must recommend to you the pursuing the design of his majesties letter , which hath been some time since communicated to you ; by it you are required to preach at some times on those particular vices which you observe to be most prevalent in the places you relate to , such as drunkenness , whoredom , swearing , profaning the lord's day , &c. if ever we hope to reform them , you must throughly convince them , that what they do is displeasing to god. and there are two sorts of men you are to deal with , . profane scoffers at religion . these seldom trouble you ; but if any good be to be done upon them , it is by plain and evident proofs of the good and evil of moral actions . for , as long as they think them indifferent , they will never regard what you say , as to the rewards or punishments of them . . stupid and senseless people , whose minds are wholly sunk into the affairs of the world , buying and selling and getting gain . it is a very hard thing to get a thought into them above these matters . and whatever you talk of meer religion , and another life , is like metaphysicks to them ; they understand you not , and take no care to do it : but if you can convince them , that they live in the practice of great sins , which they shall certainly suffer for , if they do not repent , they may possibly be awakened this way ; if not , nothing but immediate grace can work upon them ; which must work on the will , whatever becomes of the understanding . iii. after preaching , let me intreat you to look after catechizing and instructing the youth of your parishes . he that would reform the world to purpose , must begin with the youth ; and train them up betimes , in the ways of religion and virtue . there is far less probability of prevailing on those who have accustomed themselves to vicious habits , and are hardened in their wickedness . it seems strange to some , that considering the shortness of human life , mankind should be so long before they come to maturity ; the best account i know of it , is , that there is so much longer time for the care of their education , to instill the principles of virtue and religion into them , thereby to soften the fierceness , to direct the weakness , to govern the inclinations of mankind . it is truly a sad consideration , that christian parents are so little sensible of their duties , as to the education of their children ; when those who have had only natural reason to direct them , have laid so much weight upon it . without it , plato saith , that mankind grew the most unruly of all creatures . aristotle , that as by nature they are capable of being the best , so being neglected , they become the worst of animals , i. e. when they are brought up without virtue . education and virtue , saith he , is a great thing , yea , it is all in all , and without it they will be much worse than beasts . the main care of the education of children must lie upon parents ; but yet ministers ought not only to put them in mind of their duty , but to assist them all they can , and by publick catechizing , frequently to instruct both those who have not learned , and those who are ashamed to learn any other way . and you must use the best means you can to bring them into an esteem of it ; which is by letting them see , that you do it , not meerly because you are required to do it , but because it is a thing so useful and beneficial to them , and to their children . there is a great deal of difference between peoples being able to talk over a set of phrases , about religious matters , and understanding the true grounds of religion ; which are easiest learned , and understood , and remembred in the short catechetical way . but i am truly sorry to hear , that where the clergy are willing to take pains this way , the people are unwilling to send their children . they would not be unwilling to hear them instructed , as early as might be , in the way to get an estate , but would be very thankful to those who would do them such a kindness ; and therefore it is really a contempt of god and religion , and another world , which makes them so backward to have their children taught the way to it . and methinks those who have any zeal for the reformation , should love and pursue that which came into request with it . indeed the church of rome it self hath been made so sensible of the necessity of it , that even the council of trent doth not only require catechizing children , but the bishops to proceed with ecclesiastical censures against those who neglect it . but in the old provincial constitutions i can find but one injunction about catechizing ; and that is when the priest doubts whether the children were baptized or not ; and if they be born eight days before easter and whitsontide , they are not to be baptized till those days , and in the mean time they are to receive catechism . what is this receiving catechism by children , before they are eight days old ? it is well exorcism is joyned with it ; and so we are to understand by it the interrogatories in baptism : and lyndwood saith , the catechism is not only required for instruction in faith , but propter sponsionem , when the godfather answers , de fidei observantiâ . it is true , the canon law requires in adult persons catechizing before baptism ; but i find nothing of the catechizing children after it ; and no wonder , since lyndwood saith , the laity are bound to no more than to believe as the church believes ; nor the clergy neither , unless they can bear the charges of studying , and have masters to instruct them . this was good doctrine , when the design was to keep people in ignorance . for learning is an irreconcilable enemy to the fundamental policy of the roman church ; and it was that which brought in the reformation , since which a just care hath still been required for the instruction of youth ; and the fifty ninth canon of our church is very strict in it , which i desire you often to consider with the first rubrick after the catechism , and to act accordingly . iv. after catechizing , i recommend to you the due care of bringing the children of your parishes to confirmation . which would be of excellent use in the church , if the several ministers would take that pains about it , which they ought to do . remember that you are required to bring or send in writing , with your names subscribed , the names of all such persons in your parish , as you shall think fit to be presented to the bishop to be confirmed . if you take no care about it , and suffer them to come unprepared for so great , so solemn a thing , as renewing the promise and vow made in baptism , can you think your selves free from any guilt in it ? in the church of rome indeed great care was taken to hasten confirmation of children all they could : post baptismum quam citius poterint , as it is in our constitution provincial ; in another synodical , the parochial priests are charged to tell their parishioners , that they ought to get their children confirmed as soon as they can . in a synod at worcester , under walter de cantilupo , in the time of henry iii. the sacrament of confirmation is declared necessary for strength against the power of darkness ; and therefore it was called sacramentum pugnantium : and no wonder then that the parochial priests should be called upon so earnestly to bring the children to confirmation ; and the parents were to be forbidden to enter into the church , if they neglected it for a year after the birth of the child , if they had opportunity . the synod of exeter allowed two years , and then if they were not confirmed , the parents were to fast every friday , with bread and water , till it were done . and to the same purpose , the synod of winchester in the time of edw. i. in the constitutions of richard , bishop of sarum , two years were allowed , but that time was afterwards thought too long ; and then the priest as well as the parents was to be suspended from entrance into the church . but what preparation was required ? none that i can find : but great care is taken about the fillets to bind their heads to receive the unction , and the taking them off at the font , and burning them , lest they should be used for witchcraft , as lyndwood informs us . but we have no such customs , nor any ▪ of the reformed churches : we depend not upon the opus operatum , but suppose a due and serious preparation of mind necessary , and a solemn performance of it . i hope , by god's assistance , to be able , in time , to bring the performance of this office into a better method ; in the mean time i shall not fail doing my duty ; have you a care you do not fail in yours . v. as to the publick offices of the church , i do not only recommend to you a due care of the diligent , but of the devout performance of them . i have often wondred how a fixed and stated liturgy for general use , should become a matter of scruple and dispute among any in a christian church , unless there be something in christianity which makes it unlawful to pray together for things which we all understand beforehand to be the subject of our prayers . if our common necessities and duties are the same ; if we have the same blessings to pray , and to thank god for in our solemn devotions , why should any think it unlawful or unfitting to use the same expressions ? is god pleased with the change of our words and phrases ? can we imagine the holy spirit is given to dictate new expressions in prayers ? then they must pray by immediate inspiration ( which i think they will not pretend to , lest all the mistakes and incongruities of such prayers be imputed to the holy ghost ) but if not , then they are left to their own conceptions , and the spirits assistance is only in the exciting the affections and motions of the soul towards the things prayed for ; and if this be allowed , it is impossible to give a reason why the spirit of god may not as well excite those inward desires , when the words are the same as when they are different . and we are certain , that from the apostles times downwards , no one church or society of christians can be produced , who held it unlawful to pray by a set-form . on the other side , we have very early proofs of some common forms of prayer , which were generally used in the christian churches , and were the foundations of those ancient liturgies , which , by degrees were much enlarged . and the interpolations of later times , do no more overthrow the antiquity of the ground-work of them , than the large additions to a building , do prove there was no house before . it is an easie matter to say , that such liturgies could not be st. iames's or st. mark 's , because of such errors and mistakes , and interpolations of things and phrases of later times ; but what then ? is this an argument there were no ancient liturgies in the churches of ierusalem and alexandria , when so long since , as in origen's time we find an entire collect produced by him out of the alexandrian liturgy ? and the like may be shewed as to other churches , which by degrees came to have their liturgies much enlarged by the devout prayers of some extraordinary men , such as s. basil and s. chrysostom in the eastern churches . but my design is not to vindicate our use of an excellent liturgy , but to put you upon the using it in such manner , as may most recommend it to the people . i mean with that gravity , seriousness , attention , and devotion , which becomes so solemn a duty as prayer to god is . it will give too just a cause of prejudice to our prayers , if the people observe you to be careless and negligent about them ; or to run them over with so great haste , as if you minded nothing so much as to get to the end of them . if you mind them so little your selves , they will think themselves excused , if they mind them less . i could heartily wish , that in greater places , especially in such towns where there are people more at liberty , the constant morning and evening prayers were duly and devoutly read ; as it is already done with good success in london , and some other cities . by this means religion will gain ground , when the publick offices are daily performed ; and the people will be more acquainted with scripture , in hearing the lessons , and have a better esteem of the prayers , when they become their daily service , which they offer up to god as their morning and evening sacrifice ; and the design of our church will be best answered , which appoints the order for morning and evening prayer daily to be said , and used throughout the year . vi. as to the dissenters from the church ; the present circumstances of our affairs require a more than ordinary prudence in your behaviour towards them . it is to no purpose to provoke or exasperate them , since they will be but so much more your enemies for it ; and if you seem to court them too much , they will interpret your kindness to be a liking their way better than your own ; so that were it not for some worldly interest , you would be just what they are ; which is in effect to say , you would be men of conscience , if ye had a little more honesty . for they can never think those honest men , who comply with things against their consciences , only for their temporal advantage ; but they may like them as men of a party , who under some specious colours , promote their interest . for my own part , as i do sincerely value and esteem the church of england ( and i hope ever shall ) so i am not against such a due temper towards them , as is consistent with the preserving the constitution of our church . but if any think , under a pretence of liberty , to undermine and destroy it , we have reason to take the best care we can , in order to its preservation . i do not mean by opposing laws , or affronting authority , but by countermining them in the best way , i.e. by out-doing them in those things which make them most popular , if they are consistent with integrity and a good conscience . if they gain upon the people by an appearance of more than ordinary zeal for the good of souls , i would have you to go beyond them in a true and hearty concernment for them ; not in irregular heats and passions , but in the meekness of wisdom , in a calm and sedate temper ; in doing good even to them who most despitefully reproach you , and withdraw themselves and the people from you . if they get an interest among them by industry , and going from place to place , and family to family ; i hope you will think it your duty to converse more freely and familiarly with your own people . be not strangers , and you will make them friends . let them see by your particular application to them , that you do not despise them . for men love to value those who seem to value them ; and if you once slight them , you run the hazard of making them your enemies . it is some trial of a christians patience , as well as humility , to condescend to the weaknesses of others ; but where it is our duty , we must do it , and that chearfully , in order to the best end , viz. doing the more good upon them . and all condescension and kindness for such an end , is true wisdom as well as humility . i am afraid distance and too great stiffness of behaviour towards them , have made some more our enemies than they would have been . i hope they are now convinced , that the persecution which they complained lately so much of , was carried on by other men , and for other designs than they would then seem to believe . but that persecution was then a popular argument for them ; for the complaining side hath always the most pity . but now that is taken off , you may deal with them on more equal terms . now there is nothing to affright them , and we think we have reason enough on our side to perswade them . the case of separation stands just as it did in point of conscience , which is not now one jot more reasonable or just than it was before . some think severity makes men consider ; but i am afraid it heats them too much , and makes them too violent and refractary . you have more reason to fear now , what the interest of a party will do , than any strength of argument . how very few among them understand any reason at all for their separation ! but education , prejudice , authority of their teachers sway them ; remove these , and you convince them . and in order thereto , acquaint your selves with them , endeavour to oblige them , let them see you have no other design upon them , but to do them good ; if any thing will gain upon them , this will. but if after all , they grow more headstrong and insolent by the indulgence which the law gives them ; then observe , whether they observe those conditions on which the law gives it to them . for these are known rules in law , that he forfeits his privilege who goes beyond the bounds of it ; that no privileges are to be extended beyond the bounds which the laws give them ; for they ought to be observed as they are given . i leave it to be considered , whether all such who do not observe the conditions of the indulgence , be not as liable to the law , as if they had none . but there is a very profane abuse of this liberty among some , as tho' it were an indulgence not to serve god at all . such as these , as they were never intended by the law , so they ought to enjoy no benefit by it : for this were to countenance profaneness and irreligion , which i am afraid , will grow too much upon us , unless some effectual care be taken to suppress it . vii . there is another duty incumbent upon you , which i must particularly recommend to your care , and that is , of visiting the sick. i do not mean barely to perform the office prescribed , which is of very good use , and ought not to be neglected ; but a particular application of your selves to the state and condition of the persons you visit . it is no hard matter to run over some prayers , and so take leave ; but this doth not come up to the design of our church in that office : for , after the general exhoratation and profession of the christian faith , our church requires , that the sick person be moved to make special confession of his sins , if he feel his conscience troubled with any weighty matter ; and then if the sick person humbly and heartily desires it , he is to be absolved after this manner , our lord iesus christ , who hath left power in his church to absolve all sinners who truly repent and believe in him , &c. where the power of absolution is grounded upon the supposition of true faith and repentance ; and therefore when it is said afterwards , and by his authority committed to me , i absolve thee from the same , &c. it must proceed on the same supposition . for the church cannot absolve when god doth not . so that all the real comfort of the absolution depends upon the satisfaction of the person's mind , as to the sincerity of his repentance and faith in christ. now here lies the great difficulty of this office ; how to give your selves and the wounded conscience satisfaction , as to the sincerity of those acts ; i do not mean as to the sincerity of his present thoughts , but as to the acceptableness of his faith and repentance with god , in order to remission of sins . but what if you find the persons so ignorant , as not to understand what faith and repentance mean ? what if they have led such careless and secure lives in this world , as hardly ever to have had one serious thought of another ? is nothing to be done but to come and pray by them , and so dismiss them into their eternal state ? is this all the good you can , or are bound to do them ? i confess it is a very uncomfortable thing to tell men how they are to begin to live , when they are liker to die than to live ( and the people generally have a strange superstitious fear of sending for the minister , while there is any hope of recovery . ) but at last you are sent for ; and what a melancholy work are you then to go about ? you are , it may be , to make a man sensible of his sins , who never before considered what they were , or against whom they were committed , or what eternal misery he deserves by committing them . but i will suppose the best i can in this case , viz. that by your warm and serious discourse , you throughly awaken the conscience of a long and habitual sinner ; what are you then to do ? will you presently apply all the promises of grace and salvation to one whose conscience is awakened only with the fears of death , and the terrors of a day of judgment ? this , i confess , is a hard case ; on the one side , we must not discourage good beginnings in any ; we must not cast an awakened sinner into despair ; we must not limit the infinite mercy of god : but on the other side , we must have a great care of incouraging presumptuous sinners to put off their repentance to the last , because then upon confession of their sins , they can so easily obtain the churches absolution , which goes no farther , than truly repenting and believing . but here is the difficulty , how we can satisfie our selves that these do truly repent and believe , who are out of a capacity of giving proof of their sincerity by amendment of life ? i do not question the sincerity of their present purposes ; but how often do we find those to come to nothing , when they recover and fall into the former temptations ? how then shall they know their own sincerity till it be tried ? how can it be tried , when they are going out of the state of trial ? the most we can do , is to encourage them to do the best they can in their present condition , and to shew as many of the fruits of true repentance as their circumstances will allow ; and with the greatest humility of mind , and most earnest supplications to implore the infinite mercy of god to their souls . but besides these , there are many cases of sick persons , which require very particular advice , and spiritual direction , which you ought to be able to give them , and it cannot be done without some good measure of skill and experience in casuistical divinity . as , how to satisfie a doubting conscience , as to its own sincerity , when so many infirmities are mixed with our best actions ? how a sinner who hath relapsed after repentance , can be satisfied of the truth of his repentance , when he doth not know , but he may farther relapse upon fresh temptations ? how he shall know what failings are consistent with the state of grace , and the hopes of heaven , and what not ? what measure of conviction and power of resistance is necessary to make sins to be wilful and presumptuous ? what the just measures of restitution are in order to true repentance , in all such injuries which are capable of it ? i might name many others , but these i only mention to shew how necessary it is for you to apply your selves to moral and casuistical divinity , and not to content your selves barely with the knowledge of what is called positive and controversial . i am afraid there are too many who think they need to look after no more than what qualifies them for the pulpit ; ( and i wish all did take sufficient care of that ) but if we would do our duty as we ought , we must inquire into , and be able to resolve cases of conscience . for the priests lips should keep this kind of knowledge ; and the people should seek the law at his mouth ; for he is the messenger of the lord of hosts , mal. . . if this held in the levitical priesthood , much more certainly under the gospel , where the rates and measures of our duties are not to be determined by levitical precepts , but by the general reason and nature of moral actions . viii . among the duties of publick worship , i must put you in mind of a frequent celebration of the lord's supper . there is generally too great a neglect of this , which is the most proper part of evangelical worship . the duties of prayers and praises , are excellent and becoming duties , as we are creatures with respect to our maker and preserver . the duty of hearing the word of god read and explained , is consequent upon our owning it to be the rule of our faith and manners ; and all who desire to understand and practise their duty , can never despise or neglect it . but that solemn act of worship wherein we do most shew our selves christians , is the celebrating the holy eucharist . for , therein we own and declare the infinite love of god in sending his son into the world to die for sinners , in order to their salvation ; and that this is not only a true saying , but worthy of all men to be credited . therein , we lift up our hearts , and give thanks to our lord god ; we joyn with angels and archangels in lauding and magnifying his glorious name . therein , we not only commemorate the death and sufferings of our lord , but are made partakers of his body and blood , after a real , but sacramental manner . therein we offer up our selves to god , to be a reasonable , holy and lively sacrifice unto him . therein we adore and glorifie the ever blessed trinity ; and humbly implore the grace and assistance of our ever blessed mediator . and what now is there in all this , which is not very agreeable to the faith , hope and charity of christians ? nay , what duty is there , which so much expresses all these together , as this doth ? nor , whereby we may more reasonably expect greater supplies of divine grace to be bestowed upon us ? what then makes so many to be so backward in this duty , which profess a zeal and forwardness in many others ? if we had that warmth and fervor of devotion , that love to christ , and to each other , which the primitive christians had , we should make it as constant a part of our publick worship , as they did ; but this is not to be expected . neither did it always continue in the primitive church , when liberty , and ease , and worldly temptations made persons grow more remiss and careless in the solemn duties of their religion . s. chrysostom takes notice in his time of the different behaviour of persons , with respect to the holy ●●charist . there were some who pretended to greater holiness and austerity of life than others , who withdrew from the common conversation of mankind , and so by degrees from joining in the acts of publick worship with them . which did unspeakable mischief to christianity ; for then the perfection of the christian life , was not supposed to consist in the active part of it , but in retirement and contemplation . as tho' our highest imitation of christ lay in following him into the wilderness to be tempted of the devil ; and not in walking as he walked , who frequented the synagogues , and went about doing good . but this way of retirement happening to be admired by some great men , the publick worship came to be in less esteem ; and others upon reasons of a different nature , withdrew themselves from such acts of devotion as required a stricter attendance , and a more prepared temper of mind . and there were some who did abstain , because they were not so well satisfied with themselves as to their own preparations ; and such as these s. chrysostom seems to favour , rather than such who came often without due care , as to the whole course of their lives ; only out of custom , or out of regard to the orders of the church . from hence many thought it better to forbear , as long as they did it not out of contempt . and so by degrees the people were content to look on it as a sacrifice for them to be performed by others , rather than as an office , wherein they were to bear a part themselves ; at least , they thought once or thrice a year sufficient for them . and to this , as appears by our old provincial constitutions , they were forced by severe canons . when the reformation began , this disuse of this holy sacrament was looked on , by the chief reformers , as a great abuse and corruption crept into the church , which ought by all means to be reformed ; and the frequent celebration of it set up in the reformed churches . but unreasonable scruples in some , and misapprehensions in others , and a general coldness and indifference , as to matters of religion , have hitherto hindered the reviving this primitive part of devotion among us . i do not go about to determine the frequency in your parishes , which the scripture doth not as to the christian church , but supposes it to be often done ; but i may require you to take care that christ's institution be observed among you ; and that with your utmost care , both as to the decency and purity of it . the last thing i recommend to you all , is , to have a great care of your conversations . i do not speak it out of a distrust of you ; i hope you do it already : and your case will be so much worse , if you do it not , because you very well know how much you ought to do it . for the honour of god and religion , and the success of your ministry , as well as your own salvation , depend very much upon it . lead your flock by your example , as well as by your doctrine , and then you may much better hope that they will follow you ; for the people are naturally spies upon their ministers , and if they observe them to mind nothing but the world all the week , they will not believe them in earnest , when on the lords days they perswade them against it . and it takes off the weight of all reproof of other mens faults , if those they reprove have reason to believe them guilty of the same . i do not think it enough for a preacher of righteousness merely to avoid open and scandalous sins , but he ought to be a great example to others in the most excellent virtues which adorn our profession , not only in temperance and chastity , in iustice and ordinary charity , but in a readiness to do good to all , in forgiving injuries , in loving enemies , in evenness of temper , in humility and meekness , and patience , and submission to god's will , and in frequent retirements from the world , not meerly for study , but for devotion . if by these and such things you shine as lights among your people , they will be more ready to follow your conduct ; and in probability you will not only stop their mouths , but gain their hearts . for among all the ways of advancing the credit and interest of the church of england , one of the most succesful will be the diligent labours , and the exemplary lives of the clergy in it . but if men will not regard their own , or the churches interest in this matter ; if they will break their rules in such a manner , as to dishonour god , and the church , and themselves by it ; then you are to consider the next thing i was to speak to , which is , ii. what authority is given to us for the punishing offenders in our diocesses by the ecclesiastical law of this realm . for this we are to consider , that our authority herein is not derived from any modern canons or constitutions of this church ( altho' due regard ought to be shewed to them ) but from the ancient common law ecclesiastical in this realm , which still continues in force . for as there is a common law with respect to civil rights , which depends not on the feudal constitutions , altho' in many things it be the same with them ; but upon ancient practice , and general consent of the people from age to age. so , i say , there is a common law ecclesiastical , which altho' in many things it may be the same with the canon law , which is read in the books ; yet it hath not its force from any papal or legatine constitutions , but from the acceptance and practice of it in our church . i could easily shew ( if the time would permit ) that papal and legatine constitutions were not received here , altho' directed hither ; that some provincial constitutions never obtained the force of ecclesiastical laws ; but my business is to shew what did obtain and continue still to have the force of such ecclesiastical laws among us . by the statute of h. . c. . it is declared , that such canons , constitutions , ordinances , and synodals provincial being already made , which be not contrariant nor repugnant to the laws , statutes , and customs of this realm , nor to the damage or hurt to the king's prerogative royal , shall now still be used and executed as they were afore the making of this act , &c. it 's true , a review was appointed , but such difficulties were found in it , as to the shaking the foundations of the ecclesiastical law here , that nothing was ever legally established in it ; and therefore this law is still in force . in the statute h. . c. . it is said , that this realm recognizing no superiour under god but the king , hath been , and is free from subjection to any man's laws , but only to such as have been devised , made , and observed within this realm , for the wealth of the same : or to such other , as by the sufferance of the king and his progenitors , the people of this realm have taken at their free liberty , by their own consent , to be used amongst them , and have bound themselves by long use and custom to observance of the same , not as to the observance of the laws of any foreign prince , potentate , or prelate , but as to the customs and ancient laws of this realm , originally established , as laws of the same by the said sufferance , consent , custom , and none otherwise . all that i have now to do ; is to shew what authority the bishops had over the clergy by the ancient ecclesiastical law of this realm ; and what censu●es they were liable to for some particular offences . i. by the ecclesiastical law the bishop is iudge of the fitness of any clerk presented to a benefice . this is confessed by the lord coke in these words : and the examination of the ability and sufficiency of the person presented , belongs to the bishop , who is the ecclesiastical iudge , and in the examination he is a iudge , and not a minister , and may and ought to refuse the person presented , if he be not persona idonea . but this is plain to have been the ancient ecclesiastical law of this realm , by the articul . cleri in edw. ii. time , de idoneitate personae praesentatae ad beneficium ecclesiasticum pertinet examinatio ad iudicem ecclesiasticum , & ita est hactenus usitatum , & fiat in futurum . by the provincial constitutions at oxford in the time of hen. iii. the bishop is required to admit the clerk who is presented , without opposition , within two months , dum tamen idoneus sit , if he thinks him fit . so much time is allowed , propter examinationem , saith lyndwood ; even when there is no dispute about right of patronage . the main thing he is to be examined upon , is his ability to discharge his pastoral duty , as coke calls it ; or as lyndwood saith , whether he be commendandus scientia & moribus . as to the former , the bishop may judge himself ; but as to the latter , he must take the testimonials of others ; and i heartily wish the clergy would be more careful in giving them , by looking on it as a matter of conscience , and not meerly of civility ; for otherwise it will be impossible to avoid the pestering the church with scandalous and ignorant wretches . if the bishop refuses to admit within the time ( which by the modern canons is limited to twenty eight days after the presentation delivered ) he is liable to a duplex querela in the ecclesiastical courts , and a quare impedit at common law ; and then he must certifie the reasons of his refusal . in specot's case it is said , that in hen. . , . all the iudges agreed , that the bishop is iudge in the examination , and therefore the law giveth faith and credit to his iudgment . but because great inconveniencies might otherwise happen , the general allegation is not sufficient , but he must certifie specially and directly ; and the general rule is , and it was so resolved by the judges , that all such as are sufficient causes of deprivation of an incumbent , are sufficient causes to refuse a presentee . but by the canon law * more are allowed . in the constitutions of othobon , the bishop is required particularly to enquire into the life and conversation of him that is presented ; and afterwards , that if a bishop admits another who is guilty of the same fault for which he rejected the former , his institution is declared null and void . by the canon law , if a bishop maliciously refuses to admit a fit person , he is bound to provide another benefice for him ; but our ecclesiastical law much better puts him upon the proof of the cause of his refusal . but if the bishop doth not examine him , the canonists say it is a proof sufficient that he did it malitiosé . if a bishop once rejects a man for insufficiency , he cannot afterwards accept or admit of him ; as was adjudged in the bishop of hereford's case . if a man brings a presentation to a benefice , the bishop is not barely to examine him as to life and abilities , but he must be satisfied that he is in orders . how can he be satisfied , unless the other produce them ? how can he produce them , when it may be they are lost ? what is to be done in this case ? the canon is express , that no bishop shall institute any to a benefice , who hath been ordained by any other bishop , ( for if he ordained him himself , he cannot after reject him , because the law supposes him to have examined and approved him ) except he first shew unto him his letters of orders , and bring him a sufficient testimony of his fo●mer good life and behaviour , if the bishop shall require it ; and lastly , shall appear upon due examination to be worthy of the ministry . but yet in palmes and the bishop of peterborough's case , it was adjudged , that no lapse did accrue by the clerk's not shewing his orders , for the bishop upon his not coming to him again , collated after six months . but the court agreed , that the clerk ought to make proof of his orders ; but they differed about the manner of their proof . anderson said , the bishop might give him his oath . but if a proof were necessary , and the clerk did not come to make proof , it seems to me to be a very hard judgment . ii. the bishop by the ecclesiastical law , is to visit his diocess , and to take an account of the clergy how they behave themselves in the duties of their places . by the eldest canons i can find , the bishops visitation is supposed as a thing implied in his office ; whereby he is obliged to look after the good estate of his whole diocess , and especially of the clergy in it . in the time of hubert arehbishop of canterbury , in the beginning of king iohn's time , care is taken in the canons then made , that b●shops should not be burdensom to the clergy in the number of the attendants in their visitations , which then were parochial , and the number allowed of twenty or thirty horse , was too heavy for the clergy to bear . and therefore by degrees it was thought fit to turn that charge into a certainty , which was the original of procurations . by the fourth council of toledo , the bishop was to visit his whole diocess , parochially , every year . the gloss saith , if there were occasion for it ; and that the bishop may visit as often as he sees cause ; but if he be hindered , the canon saith , he may send others ( which is the original of the arch-deacon's visitation ) to see not only the condition of the churches , but the lives of the ministers . the council of braga in the latter end of the sixth century , makes this the first canon , that all bishops should visit their diocesses by parishes , and there should first examine the clergy , and then the people ; and in another canon he was required to receive only his cathedraticum , i. e. a certain sum in lieu of entertainment ; which came to be setled by prescription . the council of cavailon in france , a. d. . fixed no sum , but desired the bishops to be no burdens to the clergy in their parochial visitations . lyndwood saith , the ancient procuration here , was a day and nights entertainment ; which after came to be a customary payment : but however it was paid , it is an evident proof of the right of the bishops visitations by the ancient ecclesiastical law ; and by such a custom as is allowable by the rules of our common law. iii. there are some faults which make the clergy liable to deprivation by virtue of the ecclesiastical law , which was here received . i shall name only some of them , and conclude ; these being sufficient for my present purpose . i. excessive drinking . all drinking ( ad potus aequales ) was absolutely forbidden to clergymen , on pain of suspension after admonition ; not only by a synodical , but by a provincial constitution under edmund , archbishop of canterbury . the canon law saith in that case , ab officio vel beneficio suspendatur : but our constitution is more severe , à beneficio & officio . the council of oxford not only strictly forbids all clergymen whatever tends to gluttony and drunkenness ; but it requires the bishops to proceed strictly against those who are guilty , according to the form of the general council , i. e. the lateran , . viz. by admonition first , and then suspension . lyndwood complains , that this was not so much looked after as it should be , because it brought no profit ; i hope that reason will not hold among those who pretend to reformation ; which will be very defective , if it extend not to our lives as well as our doctrines : for there can be no greater reproach than to see those loose and dissolute in their conversations , who think it their honour to be ministers of a reformed church . it was a stinging reflection upon our church by the archbishop of spalato , ( who was no very strict man himself ) that he saw nothing reformed among us but our doctrines . i hope there was more of satyr than of truth in it ; for i do not question , but there were many then ( as there are now ) of exemplary lives , and unblameable conversations ; but if there be any others , it will be the more shame not to proceed against them ; since even before the reformation , the canons were so strict and severe in this matter . in the council at westminster in henry ii. time , under richard , archbishop of canterbury , all clergymen are forbidden going into taverns to eat or drink , unless upon travelling ; and the sanction of this canon is , aut cesset , aut deponatur . the same was forbidden in the council at york , in the time of richard i. in the council at london under hubert , in the time of king iohn . and since the reformation the same canon is renewed , that no ecclesiastical persons shall at any time , other than for their honest necessities , resort to any taverns or ale-houses . and there have been instances of the severity of our ecclesiastical censures against drunkenness in clergymen . in iac. parker was deprived of his benefice for drunkenness , and moved for a prohibition , but it was denied him . in iac. another was deprived for the same fault ; and the judges at common law allowed the sentence to be good . no doubt there are other instances , but we had not known of these , if they had not been preserved in books of reports . ii. incontinency . lyndwood saith , those who are proved to be guilty of it , are ipso iure privati ; but he thinks a declaratory sentence of the ecclesiastical judges necessary for the execution of it . since the reformation , we have instances of deprivation for adultery in our law books . one eliz. another eliz. a third eliz. these are enough to shew that the ecclesiastical law is allowed by the judges of common law , to continue in sufficient force for deprivation in this case . iii. simony . which is the name given by the ecclesiastical law , to all contracts for gain in the disposing or obtaining any ecclesiastical promotion or ministry . it is true , these do not come up to the very sin of simon magus , which related to the immediate gifts of the holy ghost ; but because the whole ministerial office in all the parts of it ( especially the cure of souls ) is of a spiritual nature ; and all bargains are so repugnant to the design of it , therefore the ecclesiastical law hath fixed that detestable name upon it : for , all contractus non gratuiti in these things , savour of turpe lucrum , and tend to bring in turpe commercium into the church ; which would really overturn the whole design of that ministry , which was designed for the salvation of souls . and therefore it was necessary , that when persons had received ( by the favour of temporal princes and other benefactors , who were founders of churches ) such endowments as might encourage them in their function , that severe laws should be made against any such sordid and mischievous contracts . and such there were here in england long before the excellent stat. of eliz. c. . although it seems the force of them was so much worn out , as to make that statute necessary for avoiding of simony ; which is there explained to be corruption in bestowing or getting possession of promotions ecclesiastical . in a council at london under lanfranc , in the conqueror's time , simony was forbidden , under the name of buying and selling of orders . and it could be nothing else before the churches revenue was setled : but in the time of henry i. ecclesiastical benefices were forbidden to be bought or sold , and it was deprivation then to any clergyman to be convicted of it ; and a layman was to be out-lawed , and excommunicated , and deprived of his right of patronage . and this was done by a provincial synod of that time . in the reign of henry ii. it was decreed , that if any person received any money for a presentation , he was to be for ever deprived of the patronage of that church ; and this was not meerly a provincial constitution , but two kings were present ( hen. ii. and his son ) and added their authority to it . this was not depriving a man of his free-hold by a canon , as a learned gentleman calls it ; for here was the greatest authority , temporal as well as ecclesiastical added to it . but we are told , these canons were of as little effect as that of othobon , which made all simoniacal contracts void ; but some of the most judicious lawyers have held , that simony being contractus ex turpi causâ , is void between parties . all that i aim at is to shew , that by our old ecclesiastical law , simoniacus incurred a deprivation and disability before the stat. . eliz. and therein i have the opinion of a very learned judge concurring with me . iv. dilapidations . by which the ecclesiastical law understands any considerable impairing the edifices , woods , and revenues belonging to ecclesiastical persons , by virtue of their places . for it is the greatest interest and concernment of the church to have things preserved for the good of successors ; and it is a part of common iustice and honesty so to do . and the lord coke positively affirms , that dilapidation is a good cause of deprivation . and it was so resolved by the judges in the kings bench , iac. not by virtue of any new law or statute , but by the old ecclesiastical law. for which coke refers to the year-books , which not only shew what the ecclesiastical law then was , but that it was allowed by the common law of england ; and we are told , that is never given to change ; but it may be forced to it by a new law , which cannot be pretended in this case . and by the old constitutions here received , the bishops are required to put the clergy in mind of keeping their houses in sufficient reparations , and if they do it not within two months , the bishop is to take care it be done out of the profits of the benefice . by the injunctions of edw. vi. and queen elizabeth , all persons having ecclesiastical benefices , are required to set apart the fifth of their revenue to repair their houses ; and afterwards to maintain them in good condition . v. pluralities . by the ecclesiastical law , which was here received , the actual receiving institution into a second benefice made the first void ipso iure ; and if he sought to keep both above a month , the second was void too . lyndwood observes , that the ecclesiastical law had varied in this matter . and it proceeded by these steps , ( which are more than lyndwood mentions . ) i. it was absolutely forbidden to have two parishes , if there were more than ten inhabitants in them , because no man could do his duty in both places . and if any bishop neglected the execution of it , he was to be excommunicated for two months , and to be restored only upon promise to see this canon executed . ii. the rule was allowed to hold , as to cities , but an exception was made as to small and remote places , where there was a greater scarcity of persons to supply them . iii. if a man had two benefices , it was left to his choice , which he would have : but he could not hold both . this kind of option was allowed by the ecclesiastical law then in force . iv. that if he takes a second benefice , that institution is void , by the third council of lateran , under alexander . v. that by taking a second , the first is void ; which is the famous canon of the fourth lateran council . vi. that if he were not contented with the last , but endeavour to keep both , he should be deprived of both . and this was the ecclesiastical law as it was declared in our provincial constitutions . but the general practice was to avoid the former , according to the lateran council . these were very severe canons , but that one clause of the pope's dispensing power , made them to signifie little , unless it were to advance his power and revenue . for when the dispensing power came to be owned , the law had very little force ; especially as to the consciences of men. for if it were a law of god , how could any man dispense with it ? unless it were as apparent that he had given a power in some cases to dispense , as that he had made the law. those casuists are very hard put to it , who make residence iure divino , and yet say the pope may dispense with it ; which at last comes only to this , that the pope can authoritatively declare the sufficiency of the cause : so that the whole matter depends upon the cause ; whether there can be any sufficient to excuse from personal residence . it is agreed on all hands , that the habitual neglect of a charge we have taken upon our selves , is an evil thing , and that it is so to heap up preferments meerly for riches , or luxury , or ambition ; but the main question in point of conscience is , what is a sufficient cause to justifie any man's breaking so reasonable and just a rule as that of residence is . it cannot be denied , that the eldest canons of the church were so strict and severe , that they made it unlawful for any man to go from that church in which he first received orders ; as well as to take another benefice in it : and so for any bishop to be translated from that place he was first consecrated to ; as well as to hold another with it . but the good of the church being the main foundation of all the rules of it ; when that might be better promoted by a translation , it was by a tacit consent looked on , as no unjust violation of its rules . the question then is , whether the churches benefit may not in some cases make the canons against non-residence as dispensible , as those against translations ? and the resolution of it doth not depend upon the voiding the particular obligation of the incumbent to his cure ; but upon some more general reason with respect to the state of the church ; as being imployed in the service of it , which requires a persons having ( not a bare competency for subsistence , but ) a sufficiency to provide necessaries for such service : for those seem to have very little regard to the flourishing condition of a church , who would confine the sufficiency of a subsistence , meerly to the necessaries of life . but it seems to be reasonable , that clergymen should have incouragement sufficient , not only to keep them above contempt , but in some respect agreeable to the more ample provision of other orders of men. and by god's own appointment the tribe of levi did not fall short of any of the rest , if it did not very much exceed the proportion of others . we do not pretend to the privileges they had , only we observe from thence , that god himself did appoint a plentiful subsistence for those who attended upon his service . and i do not know what there is levitical or ceremonial in that . i am sure the duties of the clergy now require a greater freedom of mind from the anxious cares of the world , than the imployments of the priests and levites under the law. but we need not go so far back ; if the church enjoyed all her revenues as entirely , as when the severe canons against pluralities were made , there would not be such a plea for them , as there is too much cause for in some places , from the want of a competent subsistence . but since that time , the abundance of appropriations ( since turned into lay-fees ) hath extreamly lessened the churches revenues , and have left us a great number of poor vicarages , and arbitrary cures , which would hardly have afforded a maintenance for the nethinims under the law , who were only to be hewers of wood , and drawers of water . but this doth not yet clear the difficulty : for the question is , whether the subsistence of the clergy can lawfully be improved by a plurality of livings ? truly , i think this ( if it be allowed in some cases lawful ) to be the least desirable way of any ; but in some circumstances it is much more excusable than in others . as when the benefices are mean , when they lie near each other , when great care is taken to put in sufficient curates with good allowance ; when persons take all opportunities to do their duties themselves , and do not live at a distance from their benefices in an idle and careless manner . but for men to put in curates meerly to satisfie the law , and to mind nothing of the duties of their places , is a horrible scandal to religion and our church , and that , which if not amended , may justly bring down the wrath of god upon us . for the loosest of all the popish casuists look upon this as a very great sin , even those who attributed to the pope the highest dispensing power in this case . but when the great liberty of dispensing had made the ecclesiastical laws in great measure useless , then it was thought fit by our law-makers to restrain and limit it by a statute made h. viii . wherein it is enacted , that if any person or persons having one benefice with cure of souls , being of the yearly value of eight pounds , or above , accept , or take any other with cure of souls , and be instituted , and inducted in possession of the same , that then , and immediately after such possession had thereof , the first benefice shall be adjudged to be void . and all licenses and dispensations to the contrary are declared to be void and of none effect . this , one would have thought , had been an effectual remedy against all such pluralities and dispensations to obtain them ; and this , no doubt , was the primary design of the law ; but then follow so many proviso's of qualified men to get dispensations , as take off a great deal of the force and effect of this law. but then it ought well to be consider'd , whether such a license being against the chief design of a law , can satisfie any man in point of conscience , where there is not a just and sufficient cause ? for , if the pope's dispensation , with the supposed plenitude of his power , could not satisfie a man's conscience without an antecedent cause , as the casuists resolve , much less can such proviso's do it . it is the general opinion of divines and lawyers , saith lessius , that no man is safe in conscience by the pope's dispensation for pluralities , unless there be a just cause for it . no man can with a safe conscience , take a dispensation from the pope for more benefices than one , meerly for his own advantage , saith panormitan ; and from him sylvester and summ. angelica . a dispensation , saith cardinal to-let , secures a man as to the law ; but as to conscience there must be a good cause for it ; and that is , when the church hath more benefit by it , than it would have without it . but the pope's dispensing power went much farther in point of conscience in their opinion , than that which is setled among us by act of parliament . for it is expressed in the statute of hen. viii . that the dispensation is intended to keep men from incurring the danger , penalty , and forfeiture in the statute comprised . so that the most qualified person can only say , that the law doth not deprive him ; but he can never plead that it can satisfie him in point of conscience , unless there be some cause for it , which is of more moment to the church , than a man 's sole and constant attendance on a particular cure is . but this statute is more favourable to the clergy , than the canon law was before , in two particulars . . in declaring that no simple benefices , or meer dignities , as the canonists call them , are comprehended under the name of benefices , having cure of souls , viz. no deanary , archdeaconry , chancellorship , treasurership , chantership , or prebend in any cathedral or collegiate church , nor parsonage that hath a vicar endowed , nor any benefice perpetually appropriate . but all these before were within the reach of the canon law , and a dispensation was necessary for them : which shews , that this law had a particular respect to the necessary attendance on parochial cures , and looked on other dignities and preferments in the church , as a sufficient encouragement to extraordinary merit . . that no notice is taken of livings under the valuation of l. which , i suppose , is that of e. . for that of h. . was not till five years after that statute . but after that valuation it was to be judged according to it , and not according to the real value , as the judges declared car. i. in the case of drake and hill. now here was a regard had to the poorness of benefices , so far , that the statute doth not deprive the incumbent upon taking a second living , if the former be under l. the question that arises from hence is , whether such persons are allowed to enjoy such pluralities by law ; or only left to the ecclesiastical law , as it was before ? it is certain , that such are not liable to the penalty of this law ; but before any person might be deprived by the ecclesiastical law for taking a second benefice without dispensation , of what value soever the former were ; now here comes a statute , which enacts , that all who take a second benefice , having one of l. without qualification , shall lose his legal title to the first ; but what if it be under ? shall he lose it or not ? not by this law. but suppose the ecclesiastical law before makes him liable to deprivation ; doth the statute alter the law without any words to that purpose ? the bishop had a power before to deprive , where is it taken away ? the patron had a right to present upon such deprivation ; how comes he to lose it ? and i take it for granted , that no antecedent rights are taken away by implications ; but there must be express clauses to that purpose . so that i conclude , the ancient ecclesiastical law to be still in force , where it is not taken away by statute . and thus , my brethren , i have laid before you the authority and the rules we are to act by ; i have endeavoured to recommend to you , the most useful parts of your duty , and i hope you will not give me occasion to shew what power we have by the ecclesiastical law of this realm to proceed against offenders . nothing will be more uneasie to me , than to be forced to make use of any severity against you . and my hearts desire is , that we may all sincerely and faithfully discharge the duties of our several places , that the blessing of god may be upon us all ; so that we may save our selves , and those committed to our charge . of the nature of the trust committed to the parochial clergy , at a visitation at worcester , october st . . my brethren , i have formerly , on the like occasion , discoursed to you of the general duties of your function , and the obligation you are under to perform them ; and therefore i shall now confine my discourse to these two things : i. to consider the particular nature of the trust committed to you . ii. the obligation you are under to your parochial cures . i. the first is necessary to be spoken to ; for while persons have only so confused and cloudy apprehensions concerning it , they can neither be satisfied in the nature of their duties , nor in their performance of them . and there is danger as well in setting them so high as to make them impracticable , as in sinking them so low as to make , not only themselves , but their profession contemptible . for the world ( let us say what we will ) will always esteem men , not meerly for a name and profession , but for the work and service which they do . there is , no doubt , a reverence and respect due to a sacred function on its own account ; but the highest profession can never maintain its character among the rest of mankind , unless they who are of it , do promote the general good , by acting suitably to it . and the greater the character is , which any bear , the higher will the expectations of others be concerning them ; and if they fail in the greatest and most useful duties of their function , it will be impossible to keep up the regard which ought to be shew'd unto it . we may complain as long as we please of the unreasonableness of the contempt of the clergy in our days , ( which is too general , and too far spread ) but the most effectual means to prevent or remove it , is for the clergy to apply themselves to the most necessary duties , with respect to the charge and trust committed to them . but here arises a considerable difficulty , which deserves to be cleared ; viz. concerning the just measures of that diligence which is required . for , there are some who will never be satisfied that the clergy do enough , let them do what they can ; and it is to no purpose to think to satisfie them who are resolved not to be satisfied : but on the other side , some care not how little they do , and the less , the better they are pleased with them ; and others again , have raised their duties so high , that scarce any man can satisfie himself that he hath done his duty . it is a matter therefore of the highest consequence to us , to understand , what rule and measure is to be observed , so as we may neither wilfully neglect our duty , nor despair of doing it . here we are to consider two things ; . how far the scripture hath determined it . . what influence the constitution of our church is to have upon us concerning it . . the scripture doth speak something relating to it , both in the old and new testament . in the old testament we have the duties enjoyned to the levitical priesthood , and the extraordinary commissions given to the prophets . as to the levitical priesthood , we can only draw some general instructions , which may be of use , altho' that priesthood hath been long since at an end ; christ being our high-priest after another order , viz. of melchisedeck ; and our duty now is to observe his laws , and to offer that reasonable service which he requires . but even from the levitical priesthood , we may observe these things . . that although the main of their duty of attendance respected the temple and sacrifices ; yet at other times they were bound to instruct the people in the law. for so moses leaves it as a special charge to the tribe of levi , to teach iacob his iudgments , and israel his law. and to incourage them to do it , they had a liberal maintenance , far above the proportion of the other tribes . for , by computation it will be found , that they were not much above the sixtieth part of the people ; for when the other tribes were numbred from twenty years old , they made six hundred thousand , and three thousand and five hundred and fifty . but the children of levi were reckoned by themselves from a month old ; and they made but two and twenty thousand ; so that if the males of the other tribes had been reckoned , as they were , it is agreed by learned men , who had no fondness for the clergy , that they did not make above a fiftieth or sixtieth part ; and yet they had near a fifth of the profits , besides accidental perquisites , as to sacrifices , and ransoms of the first-born . thus , say they , god was pleased to enrich that tribe which was devoted to his service . but it was not certainly , that they should spend their time in idleness and luxury , but that they might with the greater freedom apply themselves to the study of the law , that they might instruct the people . for the cities of the levites were as so many colleges dispersed up and down in the several tribes , to which the people might upon occasion , more easily resort . . that if the people erred thro' ignorance of the law , god himself laid the blame on those who were bound to instruct them . my people , saith god by the prophet , are destroyed for lack of knowledge . if people are resolved to be ignorant , who can help it ? had they not the law to inform them ? but it is observable , that the peoples errors are laid to the charge of the priests , and the punishment is denounced against them . because thou hast rejected knowledge , i will also reject thee , that thou shalt be no priest unto me . it seems the priests were grown careless and negligent , as to their own improvements ; they did not know to what purpose they should take so much pains in studying the law , and the difficult points of it ; they were for a freedom of conversation , and hoped to keep up their interest among the people that way . therefore isaiah call them shepherds that cannot understand ; but were very intent upon their profits , they all look to their own way , every one for his gain from his quarter . but this was not all , for the prophet charges them with a voluptuous , careless , dissolute life . come ye , say they , i will fetch wine , and we will fill our selves with strong drink , and to morrow shall be as this day , and much more abundant . was not this a very agreeable life for those who were to instruct the people in the duties of sobriety and temperance ? it was death for the priests by the law to drink wine or strong drink , when they went into the tabernacle of the congregation ; and the reason given is , that ye may put a difference between holy and unholy , and between unclean and clean ; and that ye may teach the children of israel all the statutes , which the lord hath spoken to thee by the hand of moses . which implies , that those who are given to drinking wine or strong drink , are very unfit to instruct others in the law of god. and god looked on them as such a dishonour to his worship , that he threatens immediate death to them that approached to his altar , when they had drank wine ; and the iews say , that was the reason why nadab and abihu were destroyed . and then god said , i will be sanctified in them that come nigh me . all nations have abhorred sottish and drunken priests , as most unfit to approach to god when they were not themselves ; or to offer sacrifices for others , when they made beasts of themselves . but this was not all ; for god required from them who were to teach others the law , that they should be always in a capacity of understanding and practising it themselves . but if we proceed to the prophets , nothing can be more dreadful , than what god saith to ezekiel , that if he did not warn the people as he commanded them , their blood will i require at thy hand . is this charge now lying upon every one of you , as to every person under your care ? who would not rather run into a wilderness , or hide himself in a cave , than take such a charge upon him ? but we must distinguish what was peculiar to the prophet's immediate commission to go to any particular person in god's name , from a general charge to inform persons in their duties , and to tell them the danger of continuing in their sins . if any fail for want of information , when you are bound to give it , the neglect must fall heavy , and therefore you are bound to take all just opportunities in publick and private to inform those under your care of such sins as you know them to be guilty of ; not with a design to upbraid , but to reform them . in the new testament the charge is general to feed the flock of god ; and to do it willingly , not for filthy lucre , but of a ready mind ; and to be examples to the flock . but st. peter , who gives this advice , doth not determine who belong to the flock ; nor within what bounds it is to be limited ; and there were many flocks in the iewish dispersion , and many elders scattered up and down among them in pontus , asia , galatia , cappadocia , and bithynia ; so that here we have only general and excellent advice for such who had care of the several flocks , to carry themselves towards them with great humility and tenderness , with charity and goodness , as those that made it their business to do good among them , and conduct them in the way to heaven . st. paul , in his charge to those whom he sent for to miletus , tells them , that they must take heed to themselves , and to all the flock , over which the holy ghost hath made them overseers , to feed the church of god , which he hath purchased with his own blood. it 's possible here might be a particular designation of the flock they were to oversee , by the direction of the holy ghost ; but yet the charge is general to take heed to themselves and to the flock , and to promote the good of the church of god , which christ hath purchased with his own blood. which are the most weighty considerations in the world to excite us to the utmost care and diligence in discharge of our duties . in the epistle to the thessalonians they are said to be over them in the lord , and to admonish them . in that to the hebrews , to watch for their souls , as they that must give an account . no doubt , very great care and watchfulness is required in all that take so great and solemn an office upon them ; but where are the bounds and limits set , as to the people , and nature of the duties required from them ? must every man be left to his own conscience and judgment , what , and how far he is to go ? or can we suppose all men equally careful of doing their duties , if no particular obligation be laid upon them ? some of the eloquent fathers of the church , as st. chrysostom , st. ierom , st. gregory nazianzen , and others , have allowed themselves so much in the flights of fancy , and figures of speaking about the height and dignity of the sacred function , as if they had a mind to discourage all men of modest and humble dispositions from undertaking it . i do not wonder that they ran into solitudes , and withdrew from the world upon it ; but i do wonder how they came from thence and undertook the same charge afterwards , without giving an answer to their own arguments . for the world remained just as it was when they left it . mankind were still as impatient of being governed , or told of their faults , as sickle and humoursom , as prone to evil , and untractable to good , as it was before . and could they hope it would ever mend by their running away from it ? or , was their duty become more easie by declining it ; i think it was very well for the church of god , that , notwithstanding their own many arguments , they took the sacred office upon them at last , and did god and the church good service in it . but if men were to judge by their writings upon this argument , one would think none but those who had a mind to be damned , would undertake it . and their great strains of wit and eloquence , if they had any force , would keep the best men out of the church , who were most likely to do god service in it ; and we need no other instances than these very persons themselves . and if all good , and humble , and conscientious men should for the sake of the hardness of the work , decline the church's service , and take any other lawful imployment , what would become of the church of god ? for none that had , or intended to keep a good conscience , could undertake the cure of souls ; and so they must be left to such as had no regard to their own ; but were either ignorant , stupid and senseless creatures , or such as regarded not their own salvation , who durst undertake such a task , as would not only add to their own guilt , but bring the heavy load of other mens faults upon them too . what is now to be done in this case ? hath god really imposed such a task upon all those who enter into this sacred function , that it is morally impossible for an honest man to discharge it with a good conscience ? how then can any such undertake it ? but if it may be done , what are those bounds and rules we are to observe , so as a good man may satisfie himself in a competent measure , that he hath done his duty ? ii. and this is that which i shall now endeavour to clear . for every one who is in orders , hath a double capacity : one with respect to the church of god in general ; another to that particular flock which is allotted to him , by the constitution of this church , and the law of the land. for although the nature of our duty in general be determined by the word of god , as i have already ready shewed , yet the particular obligation of every one to his own flock , is according to that power and authority , which by the rules and orders of this church is committed to him , and is fully expressed in the office of ordination . by which it plainly appears , that the care of souls committed to persons among us , is not an absolute , indefinite , and unaccountable thing ; but is limited , as to place , persons , and duties , which are incumbent upon them . they are to teach the people committed to their charge ; by whom ? by the bishop when he gives institution . they are to give private as well as publick monitions and exhortations , as well to the sick , as to the whle : what , to all ? no , but to those within their cure. they are to banish erroneous doctrines , and to promote peace and love , especially among them committed to their charge . and last of all , they are to obey those who have the charge and government over them . these things are so express and plain in the very constitution of this church , and owned so solemnly by every one that enters into orders , that there can be no dispute concerning them . and from thence we observe several things that tend to the resolution of the main point , as to the satisfaction of doing your duties , as incumbents on your several places . i. that it is a cure of souls limited as to persons and place , i.e. within such a precinct as is called a parish . ii. that it is limited as to power , with respect to discipline . therefore i shall endeavour to clear these two things : i. what the just bounds and limits of parochial cures are . ii. what is the measure of that diligence which is required within those bounds . as to the former , we are to begin with the limitation as to place . i. that it is a cure of souls limited within certain bounds which are called parishes , which are now certainly known by long usage and custom , and ought still to be preserved with great care ; for otherwise confusion and disputes will arise between several ministers , and several parishes with one another . for since the duties and the profits are both limited , it is necessary that those bounds should be carefully preserved , as they generally are by annual perambulations . but there are some who will understand nothing of this bounding of ministerial duties by distinct parishes , who think they are at liberty to exercise their gifts where-ever they are called ; and that it were better that these parochial inclosures were thrown open , and all left at liberty to chuse such whom they liked best , and under whom they can improve most . these things seem to look plausibly at the first appearance , and to come nearest to the first gathering of churches , before any such thing as parishes were known . but to me this arguing looks like persons going about now to overthrow all dominion and property in lands and estates , because it seems not so agreeable with the first natural freedom of mankind ; who according to the original right of nature , might pick and chuse what served most to their own conveniency . but although this were the first state of things , yet the great inconveniencies which followed it , upon the increase of mankind , made division and property necessary ; and altho' there be no express command of god for it , yet being so necessary for the good of mankind , it was not only continued every where , but those persons were thought fit to be punished by severe laws , who invaded the rights and properties of others , either by open violence and rapine , or by secret stealth and purloining i grant , that at first there were no such parochial divisions of cures here in england , as there are now . for the bishops and their clergy lived in common ; and before that the number of christians was much increased , the bishops sent out their clergy to preach to the people , as they saw occasion . but after the inhabitants had generally embraced christianity , this itinerant and occasional going from place to place , was found very inconvenient , because of the constant offices that were to be administred ; and the peoples knowing to whom they should resort for spiritual offices and directions . hereupon the bounds of parochial cures were found necessary to be settled here by degrees , by those bishops who were the great instruments of converting the nation from the saxon idolatry . but a work of this nature could not be done all at once , as by a kind of agrarian law , but several steps were taken in order to it . at first , as appears by bede , they made use of any old british churches that were left standing ; so augustin at first made use of st. martin's near canterbury , and after repaired christs-church , which were both british churches . but ethelbert gave all incouragement both to repair old churches and to build new. however , the work went on slowly ; augustin consecrated but two bishops , which were setled at london and rochester , where ethelbert built and endowed two churches for the bishops and their clergy to live together . in the western parts bicinus built several churches about dorchester , where his see was fixed . wilfred converted the south-saxons , and settled presbyters in the isle of wight , but they were but two . in the kingdom of mercia there were five diocesses made in theodore's time ; and putta , bishop of rochester , being driven from his see , he obtained from saxulphus , a mercian bishop , a church with a small glebe , and there he ended his days . in the northern parts we read of two churches built by two noblemen , ( puch and addi ) upon their own manors . and the same might be done elsewhere ; but bede would never have mentioned these , if the thing had been common . but in his epistle to egbert , archbishop of york , a little before his death he intimates the great want of presbyters and parochial settlements , and therefore earnestly perswades him to procure more . and if egbert's canons be genuine ( of which there are several ancient mss. ) the duties of presbyters in their several churches are set down : however , the work went not on so fast , but in his successor eanbaldus his time , the bishops were required to find out convenient places to build churches in ; and the same passed in the southern parts by general consent . in the council of cloveshoo , we read of presbyters placed up and down by the bishops in the manors of the laity , and in several parts distinct from the episcopal see ; and there they are exhorted to be diligent in their duties . in the times of edgar and canutus , we read of the mother churches , which had the original settlement of tithes , ( after they were given to the church by several laws ) and of the churches built upon their own lands by the lords of manors ; to which they could only apply a third part of the tithes . but in the laws of canutus , we find a fourfold distinction of churches . . the head church , or the bishop's see. . churches of a second rank , which had right of sepulture , and baptism , and tithes . . churches that had right of sepulture , but not frequented . . field-churches or oratories , which had no right of burial . the second sort seem to be the original parochial churches which had the endowment of tithes , and were so large , that several other churches were taken out of them by the lords of manors ; and so the parishes came to be multiplied so much , that in the laws of edward the confessor , c. . it is said , that there were then three or four churches , where there had been but one before . in this diocess i find by an epistle of wulston , bishop of worcester , to anselm , that before the conquest there were churches in vills , or upon particular manors that were consecrated . and if william the conqueror demolished six and thirty parish churches in the compass of the new forest , as is commonly said , there must be a very great number before the conquest ; although so few are said to appear in doomsday book ; ( yet there are many parochial churches of this diocess in it , above twenty in two deanaries ) but the normans almost ruined the parochial clergy , by seizing the tithes , and making appropriations of them . but in the saxon times the number still encreased , as lords of manors and others were willing to erect new churches , and to have a settled parochial minister among them , who was to take care of the souls of the people within such a precinct , as hath obtained the name of a parish . but parishes now are of a very different extent and value ; but the obligation which the law puts upon them , is the same ; only where the maintenance is greater they may have the more assistants . and from hence came the difference among the parochial clergy ; for , those whose parishes were better endowed , could maintain inferior clerks under them , who might be useful to them in the publick service , and assist them in the administration of sacraments . and this was the true original of those we now call parish-clerks ; but were at first intended as clerks-assistant to him that had the cure ; and therefore he had the nomination of them , as appears by the ecclesiastical law , both here and abroad . and lyndwood saith , every vicar was to have enough to serve him , and one clerk or more ; and by the canon-law , no church could be founded , where there was not a maintenance for assisting-clerks . in the synod of worcester , under walter cantelupe , in henry the third's time , they are called capellani parochiales , and the rectors of parishes were required to have such with them . and the canon law doth allow a rector to give a title to another to receive orders as an assistant to him ; and this without any prejudice to the patron 's right ; because but one can have a legal title to the cure. but lyndwood observes very well , that those who gives titles to others , as their assistants or curates , are bound to maintain them if they want . these are called vicarii parochiales , & stipendiarii ; but conductitii presbyteri , who are forbidden , were those who took livings to farm , without a title . but after appropriations came in , then there were another sort of vicars called perpetui , and were endowed with a certain portion of the temporalities , and were admitted ad curam animarum : but such could not personam ecclesiae sustinere in an action at law about the rights of the church , but as to their own right they might . but still there is another sort of vicars , who are perpetual , but not endowed any otherwise than the bishop did allow a congrua portio ; and this was in appropriations where the bishop consented only upon those terms , as they generally were so made , till the neglect made the statutes necessary , r. . . and h. . . the bishops were to make , or enlarge the allowance , say the canonists , after presentation , and before institution , and were to see that it were a sufficient subsistence . but there were some cures which had chapels of ease belonging to them ; and they who offiuated in them , were called capellani , and had their subsistence out of the oblations and obventions , and were often perpetual and presentative . and where the incumbents had several chapels of ease , and only assistants to supply them , the canon law doth not call them rectores , but plebani ; who had a sort of peculiar jurisdiction in lesser matters ; but still they were under the bishops authority in visitations and other ecclesiastical censures , because the care of the whole diocess belonged to him iure communi ; and so it was taken for granted in all parts of the christian world : and especially in this kingdom , where parochial episcopacy was never heard of till of late years . for , nothing can be plainer in our history , than what is affirmed in two of our laws , stat. of carlisle , e. . and the stat. of provisors , e. . that the church of england was founded in prelacy , or diocesan episcopacy . for our first bishops were so far from being confined to one church or town , that at first in the saxon-division of kingdoms , every bishop had his diocess equal with the extent of the kingdom , except in kent , where one suffragan to the archbishop at rochester was confirmed . the first conversion of the english nation to christianity from paganism , was by the diocesan bishops , who were sent hither from several parts , and the presbyters imployed by them ; and as the number of christians increased , the number of bishops did so too ; so that in the parts of mercia one diocess was divided into five , that they might the better look after the government of them ; and every bishop , as appears by the saxon-councils , was bound to see parochial churches built , and the clergy to be settled in them to attend upon the duties of their function among the people committed to their charge . that which i have aimed at in this discourse , was to shew , that the original constitution of this church , was episcopal ; but yet that the bishops did still design to fix a parochial clergy under them , as churches could be built and endowed . it remains now to shew , that this constitution of a parochial clergy , is more reasonable , than that of an unfixed , and unsettled clergy by law ; which will easily appear , if we consider , . the greater advantage as to unity , and real edification among the people . for this makes them to be as one body within certain bounds : and the people know whither to resort for publick worship and sacraments ; and the inconveniencies , as to the difference of mens abilities , is not so great , as the inconveniency of a broken , divided people , as to religion ; which always creates suspicions and jealousies , and generally contempt and hatred of each other . and i think every wise and good christian will consider , that which tends to peace and unity , is really more edifying than a far better talent of elocution , or the most moving way of exciting the fancies and passions of hearers . for , s. paul tells us , charity is beyond miraculous gifts . it is easie to observe , that the wisest methods are seldom the most popular ; because the generality of mankind do not judge by reason , but by fancy , and humour , and prejudices of one kind or other . from hence the heats of enthusiasm , and odd gestures , and vehement expressions , with no deep or coherent sense , take much more with ordinary and injudicious people , than the greatest strength and clearness of reason , or the soundest doctrine , and the most pious exhortation , if they be not set off in such a way as strikes their imaginations , and raises their passions . and this is that which such do commonly call the most edifying way of preaching , which is like the coming up of the tide with noise and violence , but leaves little effect ; whereas the other is like a constant stream which goes on in a steady and even course , and makes the earth more fruitful . the one is like a storm of thunder and lightning , which startles , and confounds , and amuses more ; but the other is like a gentle rain which softens and mellows the ground , and makes it more apt to produce kindly and lasting fruit. we are to judge of true edification , not by the sudden heat and motion of passions , but by producing the genuine effects of true religion ; which are fixing our minds on the greatest and truest good , and calming and governing our disorderly passions , and leading a godly , righteous and sober life . but we too often find violent and boisterous passions , an ungovernable temper , envy , strife and uncharitableness , growing up with greater pretences to zeal , and better ways of edification . i never expect to see the world so wise , as to have persons and things universally esteemed according to their real worth. for there will be a tincture in most persons , from temper , and inclination , and the principles of education ; but generally speaking matters of order and decency , and things which tend to a publick good , affect those most , who have the best judgment and temper ; and irregular heats , and disorderly methods of praying and preaching , those whose religion makes more impression upon their fancies , than their judgments , and is seen more in the inflaming their passions , than in keeping them in their due order . . there is a greater advantage as to discipline : for , if among the teachers they are under no bounds nor subjection to a superiour authority , it is very easie to avoid any kind of censure for the most corrupt doctrines or practices . we cannot boast much of the strict exercise of discipline among us ; and one great reason is , that many have more mind to complain of the want of it , than to do their endeavour to amend it . we hear of many complaints of the clergy in general , and sometimes by those who have more mind to have them thought guilty , than to prove them so , for fear they should acquit themselves , or at least the church should not bear the blame of their miscarriages . but we cannot proceed arbitrarily , we must allow them timely notice , and summon them to appear , and a just liberty of defence ; but if upon proof , and sufficient evidence we have not proceeded against them with the just severity of the law , then we ought to bear the blame , but not otherwise . but whatsoever personal neglects or faults there have been , or may be , my business is to shew , that our way is much better fitted for the just exercise of discipline , than that of independant congregations , altho' the managers of them pick and cull out the best they can for their purpose ; and one would think , when they had made choice of members to their mind , and bound them together by an explicit covenant , they should be very easie , and tractable , and submissive to their own discipline . but they have found the contrary by their sad experience ; they grow too heady and wilful to bear any such thing as strict discipline ; for when they had the courage to exercise it , their congregations were soon broken to pieces , and the several divided parts were for setting up new heads one against another , till at last they found it was much easier to be teaching than to be ruling elders . and so they have let the reins of discipline fall to keep their congregations together . but suppose the teachers should fall out among themselves ; as , to give a fresh and late remarkable instance : suppose some set up antinomianism , and preach such doctrines to the people or flocks before you , which others think of dangerous consequence , what is to be done in such a case ? they may send some brethren to enquire whether the matters of fact be true . suppose they find them true , what then ? what is to be done next ? it may be , some would have them come up to their brethren and answer to the accusations brought against them . but suppose they will not ; and others of the brethren say , they ought not ; and so fall into heats and disputes among themselves about it , and make new parties and divisions : is not this an admirable way of preserving peace , and order , and discipline in a church ? and i am as certain , this is not the way of christ's appointing , as i am , that god is the god of order , and not of confusion ; and that when christ left the legacy of peace to his church , he left a power in some to see his will performed . but these things can never be objected against us ; for all are members of the same body , and are governed by certain and known rules ; and if any be guilty of open violation of it , the way is open to accuse and prosecute them ; and if they be found guilty , the censures of the church will render them uncapable of doing it in such a station ; or at least , to bring them to confession of their fault , and promise of future amendment . and now i leave any one to judge , whether the parochial clergy are not under greater and better discipline , than the teachers of the separate congregations . ii. but the great complaint of such men is , that we want parochial and congregational discipline , so that faults should be examined and punished where they have been committed ; but instead of that , all matters are drawn into the ecclesiastical court , and there causes are managed so , as looks rather like a design to punish men in their purses , than for their faults ; and the delays are so great , that the court it self seems to be designed for penance , and grows very uneasie , even to those who are the members of our church . and some think that the proceeding against men upon articles of enquiry , not so agreeable to the rights and liberties of mankind . in answer to this , i shall consider , ( . ) the proceedings upon enquiry at visitations . ( . ) the method of proceeding in the ecclesiastical courts . ( . ) the inconveniencies of parochial discipline . . as to enquiries at visitations . they were grounded upon one of the main pillars of our law , viz. an ancient , immemorial custom founded upon good reason : in the first canons that ever were made in this church under theodore , archbishop of canterbury ; the second is , that every bishop is to look after the government of his own diocess , and not to invade anothers . and that in so doing they went about their diocesses in order to an enquiry and correction of miscarriages , is evident from the council under cuthbert , archbishop of canterbury , can. . . the first council at calechyth , can. . the constitutions of odo , archbishop of canterbury , can. . and the canon of edgar , can. . but in these saxon times , the visitations were annual , which were found inconvenient ; and therefore in the norman times , the archdeacons were taken into a part of the jurisdiction under the bishop , and visited those years the bishop did not . but we meet with no archdeacons with any kind of jurisdiction in the saxon times ; we read indeed sometimes of the name of archdeacons , but they had nothing to do in the diocess , but only attended the bishop at ordinations , and other publick services in the cathedral . lanfranc was the first who made an archdeacon with jurisdiction in his see. and thomas first archbishop of york , after the conquest , was the first who divided his diocess into archdeaconries ; and so did remigius , bishop of lincoln , his large diocess into seven archdeaconries , saith h. of huntingdon : and so it was with the rest ; of which there were two occasions , . the laying aside the corepiscopi in the western parts , as assuming too much to themselves . . the publick services which the bishops were more strictly tied to , as the king's barons in the norman times : which was the reason not only of taking in archdeacons , but likewise of archpresbyters or rural-deans , who had some inspection into the several deanaries , and assisted the bishop in such things , as they were appointed to do ; and then came in the other ecclesiastical officers , as vicars general , chancellors , commissaries , &c. for we read not of them here at all in the saxon times ; but about the time of hen. ii. the bishops took them for their assistance in dispatch of causes , when the king required their strict attendance on the publick affairs in the supreme court of parliament . . as to the method of proceeding in the ecclesiastical courts , it is no other than hath been continued here without interruption , till of late years , ever since the conquest . for the consistory-court , and the rules of proceeding there , were established by a law in the time of william the first . as far as i can find by king edward's laws , c. . the bishops did then proceed by the ecclesiastical laws , although they then sat in the county-court ; but this caused so much confusion , that william , by a general consent , and a charter directed to all the people of england , doth separate the ecclesiastical from the temporal courts ; which was enrolled as good law , r. . upon occasion of a suit of the dean and chapter of lincoln ; and therefore the charter of remigius , bishop of lincoln , is more mentioned than others , but the same was to all the bishops and counties of england , as appears by other copies of it . thus the consistory-court was first established , as a distinct court from the county-court , which it was not in the saxon times , for then the bishop sate with the civil magistrate in the same court ; and ecclesiastical causes were first heard and decided there . it seems the people wer very unwilling to go to a new place ; and therefore the law is inforced with severe penalties for contempt . and those who object against the reasonableness of the method of proceeding in those courts , must reflect upon some of the wisest nations in the world , who have gone upon the same grounds , in all that have received the civil law , and upon some of the greatest courts at this time in the kingdom , as the chancery and admiralty , which go by the same fundamental rules . as to any objections which arise from the personal faults of those who are imployed in them , that reaches , i am afraid , to all courts ; and it ought to be the work and business of those who look after them , to do what in them lies , to reform them , that others faults may not be laid at their doors . . but for those who would have a parochial or congregational discipline set up , as much better , and more effectual , i shall desire them to consider , that since matters of discipline are such , as that in them the reputation and interest of persons is very much concerned , they ought not to be left to arbitrary proceedings of any persons , but they ought to be managed by the certain and common rules of justice ; since every man hath a right to defend himself , when he is accused . and unless there be known and established methods of proceeding agreeable to natural justice , and the laws of the land , nothing would be more grievous and intolerable than the common exercise of a parochial discipline . for , . it cannot be presumed , that there will be competent judges . for every one who hath a faculty of preaching , hath not a faculty of judging in such cases . and where discretion and a judgment of circumstances is wanting , an honest mind will not secure men from doing injury , and exposing their judicature to contempt . . they have no fixed and established rules of proceeding , as there are in the ecclesiastical courts , which have been continued down from time to time , and allowed by the laws of the land. and what miserable disorder must follow an arbitrary method , when humour , and will , and passion may over-rule justice , and equity , and conscience ? . they are not under the check of the law , as the ecclesiastical courts are . for , if they exceed their bounds , either as to the nature of the cause , or the manner of proceeding , they are liable to prohibitions from the king's courts of justice ; but the law can take no notice of parochial or congregational judicatures , and so men may suffer without remedy . . they have no way to judge of legal evidence , which is very material when a person is accused . it is one of the nicest points in all criminal proceedings to determine what is good and sufficient evidence . for several things are to be weighed , before either witnesses or testimonies can be allowed . as to witnesses , it is required that they be persons of reputation , and free from infamy of law and fact ; that they be disinterested , and so not liable to the just suspicion of partiality ; that they be men of discretion and sane memory ; and all reasonable exceptions are to be allowed against them . as to testimonies ; they must be by our law upon oath ; and what authority have such persons to give an oath , and why shall a man be liable to suffer by a testimony , without one , when the law requires it ? they must be deliberate , and not given in passion , consistent as to time , place , and other circumstances : they must be certain and positive , and not upon hear-say , or the believing of other persons : they must be free from any just suspicion of contrivance and conspiracy , or any sort of corruption or partiality . and now is every parochial minister , or select congregation fit to judge of these matters , whereon the reputation , and consequently the interest of every person may be so deeply concerned ? . they have no way to prevent a percipitate and hasty sentence . suppose a man be accused by one of interest and passion , who possesses others with the same opinion before-hand , and the judges are all prejudiced before the matter comes to be heard ; and in popular assemblies some few men sway the rest , what a case is a person accused unjustly in ? he hath no liberty for others that are not of the congregation , altho' more disinterested , either to come in to judge , or to plead for him : he can have no advocate to defend him , or to shew the weakness , or inconsistency of the evidence against him . in all ecclesiastical courts , they may sometimes proceed summarily , but even then the fundamental rules of the court must be observed , as to proofs and witnesses , or else the sentence is void ; but here the sentence will take place , altho' there hath not been the least colour of justice in the whole proceedings . . here is no settled course of appeals in case of a wrong sentence . but where men are liable to mistake and passion , a right of appeal is one of the fundamental parts of justice . and therefore independent and arbitrary courts of judicature , as all congregational churches are , are inconsistent with the common rights of mankind , and that due subordination which ought to be in all societies in order to the preserving order and justice among men. but suppose , parochial discipline so settled among us , as to allow a liberty of appeal , how would the trouble , and vexation , and expence be increased , by going from the parochial sentence to the bishop's court , and from thence still further ? so that if there be some inconveniencies in point of distance , for persons to be summoned to appear at first so far from home , yet there is some compensation by the less trouble and charges , if due care be taken to prevent delays , and unnecessary expences ; which ought to be done : and those who do make the greatest clamour against our courts , are rather willing they should continue such as they may have cause to complain of , than to do their endeavours to reform them . thus i have endeavoured to shew the just bounds and limits of parochial cures . ii. i now come to consider the just measure of that diligence which is required under those limits . for our church requires faithful diligence in preaching , and sacraments , and prayers , and reading the holy scriptures . if then we can understand what this faithful diligence implies , we may come to satisfie our selves whether we do our duty or not . . faithful diligence implies serious application of our minds to the main end and design of our holy function : which is to do good to the souls of men , especially to those committed to your charge . and an idle , careless , santering life ; or one too busie and distracted with the cares of the world , are not consistent with it . i do not go about to take you off from necessary business , and reasonable allowances , as to health and studies ; but that the doing good to your peoples souls , ought to be the principal and chief design of your thoughts , studies and endeavours . and if the people be satisfied that this is really your design among them , you will find , that your doctrine will be easier received , your persons esteemed , and your labours valued . it is possible , you may meet with a froward , peevish , self-willed people ; and it is hard when a man is only set to water and mend a hedge made up of briars and thorns ; the more pains he takes , the more scratches he may meet with ; but if it be your lot , be not discouraged from doing your duty : remember what sort of people the prophets were sent to , and what usage they had from them ; what hardships and reproaches christ and his apostles underwent from a very unkind world ; but a patient continuance in well-doing , gave them inward satisfaction in the midst of all , and did by degrees gain the christian doctrine access to the hearts of those who most opposed it . . it implies an honest and conscientious care of discharging the known and common duties of your function , as preaching , praying , catechizing , administring sacraments , visiting the sick , &c. a diligent person is one who neglects no good opportunities of doing his business , but watches for them , and studies to improve them to the best advantage . can those satisfie themselves that they use faithful diligence , who shamefully neglect their cures , and care not how seldom they come at them , nor how they are supplied , if they make a good bargain for their own advantage ? i cannot deny , but that according to the laws of the land , and the canons of this church , some persons are allowed to have two several cures , which must imply a non-residence for some time at least , upon one of them . but they still suppose , that there are persons resident upon them , who are allowed by the bishop to be sufficient to discharge the necessary duties of the place , and not to be taken up like post-horses , the next that comes , and to be turned off at the next stage . i think it a very great fault in those who have pluralities , that they look no more after the curates they imploy , and that they do not bring them to the bishop to be approved , and to have their allowance fixed , before they imploy them . they think no more is required but to pay the fees for a licence ; but i have , and shall endeavour to convince the clergy of this diocess , that licences are not to be taken as st. peter took the fish that first came with money in the mouth of it ; i hope to be able to satisfie them , that it is not the fees that we aim at , but at persons doing their duties . and our canons are express , that no curate is to be allowed in any cure of souls , that hath not been examined and admitted by the bishop or ordinary having episcopal jurisdiction , and attested by the hand and seal of the bishop . how then come curates to officiate without ever coming to the bishop at all , or undergoing any examination by him ? this is a plain breach of the canon , and ought to be reformed . i do not say , that such licences as have customarily passed without the bishop's hand and seal , are void ; but i do say , that they are irregular and voidable , and none ought to be allowed , which are not according to the canon ; and that no incumbent ought to take any one for his curate till the bishop hath allowed and approved him under his hand and seal . and this remedy the law gives us against the inconveniencies which attend pluralities by weak and insufficient curates ; but no man is excused either by law or canons from attending the duties of his place at some times in his own person , and that good part of the year ; in which time he ought to do the duties of his place with diligence and care ; and to acquaint himself with his parishioners , in order to the better discharge of his duty towards them . they have very mean thoughts of their holy function , that think the main part of it lies only in the pulpit ( i wish even that were minded more ) but all the ways you can do good among your people , is within the compass of your duty ; not meerly to instruct them in religion , but to prevent quarrels , and contentions , and meetings for debauchery , which tend to corrupt mens minds , and draw them off from the principles as well as practice of true religion : it is your duty to endeavour to make them live like good christians and good neighbours , and to set patterns your selves of sobriety , meekness , charity , and of every thing praise-worthy . . faithful diligence implies filling up your vacant hours with the most useful studies , as to the main end of your function . for in your ordination you solemnly promise to lay aside the study of the world and the flesh , and to apply your selves to the study of the scriptures , and such studies as help to the knowledge of the same . but it may be seasonably asked by some , what method and course of studies will best conduce to that end ? to this i shall endeavour to give a short answer so far as it concerns the main end of your function , which it is most proper for me to consider at this time . . look well to the temper of your minds , that it be humble , sober , and religious . for a vain , affected and self-opinionated person can never have an inward and hearty relish of divine truths . the scriptures will appear to him either too plain and easie , or too obscure and intricate ; some things will seem low and flat , and others too lofty and poetical . those who read not with a good mind , will have always something or other to cavil at . it is a mighty advantage in all spiritual knowledge to come to it with an unbiassed mind , free from the power of prejudice and evil inclinations . for these give a strange tincture to the mind , and hinder the clear and distinct perception of revealed truths , as above the natural faculties which god hath given us . some are therefore so fond of philosophical speculations , that unless the letter of the scripture suits with them , they are ready to despise it , and only shame and fear keep up any reverence for it in them . some are altogether for mathematical evidence and demonstration , as though the way to salvation were to be shewed by lines and figures ; why do they not first run down all laws and history , because they are not capable of mathematical evidence . and it argues a far greater measure of true understanding to know when to be satisfied , than to be always disputing and cavilling . the plainness of scripture in some places , is no more an offence to one that wisely considers the design of it , than a beaten road is to a traveller who desires to know which is the true way to his journeys end , and the plainer it is , the more he is satisfied with it . but the scripture wants not its depths , which require a very attentive and considering mind , and will afford matter for exercise of thoughts , and frequent and serious meditation . the excellency of the scripture is , that all necessary things are plain ; and such as are not so , although they are not necessary to be known for salvation , yet require our diligence to understand them ; and give great satisfaction as far as we can know them . . not to perplex your minds with difficulties above your reach , as in what relates to the eternal decrees , and the particular manner of that unity of the godhead which is consistent with the trinity of persons . for since the scripture doth assert both , we may safely be contented with what the scripture reveals , although the manner of it be incomprehensible . and as to the other the scripture is clear and positive , as to the moral parts of our duties ; and if we are to seek how to reconcile them with gods decrees , we have this certain rule to go by , that without doing our duty , we cannot be happy ; but we may without understanding how the freedom of our wills is consistent with the divine prescience and decrees . . not to fix plain and necessary duties upon new and unaccountable theories . as for instance ; there are no duties of greater consequence , than the love of god and our neighbour : but it would be unspeakable mischief to religion to fix the love of god upon so absurd a principle as his being the immediate cause of all sensation in us . and it would have made the christian doctrine ridiculous to found its fundamental precepts on extravagant notions , and mystical contemplations . and so for the love of our neighbours to allow only a love of benevolence and charity , and not of delight and complacency , is to make nice distinctions , where god hath made none . but to take away the love of complacency in friends and relations , and the blessings which god gives for the comfort of life , is to overthrow the due sense of god's goodness in giving them ; and to take away a great measure of that gratitude we owe to god for them . but when any seem very fond of such notions , and shew so much self-complacency in them ; it is impossible upon such principles that they should love their neighbours as themselves . . if you would understand the new testament aright , fix in your minds a true scheme of the state of the controversies of that . time , which will give you more light into the true knowledge of the scriptures , than large volumes of commentators , or the best systems of modern controversies . as what the iewish notions of justification by works , and expiation of sin , were ; and of god's decrees of election and reprobation as to themselves : and what the principles of the judaizing christians were , as to the joyning the law and the gospel , and the pythagorean superstition together . and what the gnosticks , who were professed libertines , held , as to grace , redemption , liberty , government , &c. all which tend very much to the clearing the sense of the new testament . . where the sense appears doubtful , and disputes have been raised about it , enquire into the sense of the christian church in the first ages , as the best interpreter of scripture ; as whether the apostles left bishops or presbyters to succeed them in the government of churches ; whether the apostles appointed the lords day to be observed as the day of publick worship ; whether baptism were not to be administred to infants as well as circumcision , both being seals of god's covenant ; whether divine worship doth not belong to christ , and were ●o● given to him in the hymns and doxologies of the primitive church ; and , whether divine worship can be given to any creature ; whether the form of baptism was not understood so , as to imply a trinity of persons ; and , whether all true christians were not baptized into this faith ; and consequently , whether denying the trinity be not renouncing christian baptism . these and many other such questions of great importance , receive great light from the writings of the first ages . but some rules may be very useful for right judging the sense of those times . . to distinguish the genuine and supposititious writings of that time. this hath been examined with so much care by learned men of this last age , that it is no hard matter to make a true judgment about them . . in those that are genuine , to distingush the sense of the church , delivered by them , from their own particular opinions ; the sense of the church is best known by publick acts , as by creeds , sacraments , hymns , prayers and censures of such as oppose or contradict them . . to put a difference between the authority of private persons , and of the bishops and governours of the church , who may be presumed to understand the sense of the church , and the doctrine of the apostles better than the other . and so clemens , ignatius , polycarp , theophilus , and irenaeus are more to be trusted , as to the sense and practice of the christian church , than such as hermes , and papias , and tatianus , who had neither the judgment nor the authority of the other . . that may be justly looked on as the sense of the church , which is owned both by the friends and the enemies of it . the enemies of christianity charged them with many things , which the apologists utterly denied . now we find pliny charging the christians with singing hymns to christ , as to god ; several christian writers of that time mention this , but never go about to soften , or to excuse , or deny it . and so we find lucian deriding the christians for the doctrine of three and one ; which the apologists of that time are so far from denying , that they assert and vindicate it , as appears by athenagoras and others . but these things i only touch at , to shew how the sense of the church is to be taken , and how from thence the sense of the scriptures may be cleared . of the particular duties of the parochial clergy , at a visitation , october th . . my brethren , as often as it pleases god in his wise providence to bring me among you in the ordinary course of my visitation , i cannot satisfie my self that i do my own duty , unless i put you in mind of doing yours . we live in an age , wherein the contempt of the clergy is too notorious not to be observed ; but the true reasons are not so well considered as they ought to be . some , to increase the contempt of the clergy , have given such reasons of it , as seem to make it a light and jesting matter ; but truly it is very far from being so : for the contempt of religion is oft-times both the cause and the effect of it . it is not at all to be wondred at , that those who hate to be reformed , should hate those whose duty and business it ought to be to endeavour to reform them . but when religion is struck at through our sides , we ought with patience to bear the wounds and reproaches we receive in so good a cause . wo be to us , if those who are enemies to religion , speak well of us : for it is a strong presumption that they take us to be of their side in our hearts , and that we are distinguished only by our profession , which they look on only as our trade . and we give too much occasion for such suspicions of us , if we do not heartily concern our selves for the honour and interest of true religion in the world , whatever we may suffer , as to our reputation , for the sake of it . it is possible , that if we go about to humour such persons in their infidelity and contempt of religion , we may escape some hard words for the present , but they cannot but have the greatest inward contempt and hatred of all those who live upon religion , and yet have not the courage to defend it . and what satisfaction can such have , when they reflect upon themselves , and think what occasion they have given to confirm such persons in their infidelity , and to make them think the worse of religion for their sakes . the best thing we can do to recover the honour of religion , and to set our profession above contempt , is to apply our selves seriously and conscientiously to do our duties . for if others find that we are in earnest , and make it our great business to do all the good we can , both in the pulpit , and out of it ; if we behave our selves with that gravity , sobriety , meekness and charity which becomes so holy a profession , we shall raise our selves above the common reproaches of a spiteful world ; and do what lies in us to stop the mouths at least , if not to gain the hearts of our enemies . for the real esteem which men have of others , is not to be gained by the little arts of address and insinuation , much less by complying with them in their follies ; but by a steady and resolute practice of our own duties , joyned with a gentle , and easie , and obliging behaviour to others , so far as is consistent with them . but a proud , supercilious , morose behaviour towards our greatest enemies , doth but make them much more so ; if any thing softens them , and makes them more tractable , it will be , joyning a firmness of mind , as to our plain duties , with humility and kindness in other matters . but what are these duties we are obliged to so much care in the performance of ? there is a twofold obligation lying upon us . i. that which is more general from the nature and design of our imployment ; which is the cure of souls ; and that requires great diligence and faithfulness , frequent recollection and consideration , serious application of our selves to divine studies and imployments ; a prudent use of the best methods for the convincing , reproving , directing and assisting those who are committed to our care. and all these are implied in the nature of our office , as it is set forth in holy scripture ; wherein we are described as laborers , and therefore must take pains , and not spend our time in vain and idle company : as teachers , and therefore ought to be stored with a good stock of knowledge our selves , and be ready to communicate it to others : as pastors , and so we ought to look after our flock , and not leave them to the careless management of others , who are not so concerned for their welfare , as we ought to be : as ambassadors from christ , and therefore we are bound to look after the business we are sent upon and the great weight and importance of it , as to your own salvation as well as others : as stewards of the mysteries of god , and the first thing required in them , is to discharge their trust honestly and faithfully , remembring the account they must give to god. but these , you may say , are only general things , and do not determine and limit our duties within certain bounds ; what is there which doth fix and determine our duties , as to the station we have in this church ? ii. i come therefore to the special duties , which by the ancient constitution of this church , and the ecclesiastical laws of it , are incumbent upon you . and you are to consider , that as the law hath taken care for your maintenance and subsistence in doing your duties ; so it doth suppose your careful performance of them , not only in regard to the general rule of conscience , but to that particular obligation you are under , as members of this church . and therefore i shall enquire into two things : i. the duties you are under this obligation to . ii. the incouragement which the law gives in consideration of it . i. the duties are of two sorts : . publick and solemn . . private and occasional . . publick and solemn ; and those either respect the time , or the duties themselves . . as to the times of solemn and publick worship , which are the weekly lord's days , and the other holy-days . . i begin with the observation of the lord's days ; which i shall now make appear to have been set apart for the solemn worship and service of god , especially by the clergy , from the first settlement of a parochial clergy in this church . in a provincial council held at cloveshoo or cliff , a. d. . the king and nobility being present ( where the archbishop and bishops assembled for regulating the worship of god in parochial churches then newly erected in many places ) the fourteenth canon is express , that the lord's day ought to be celebrated with due veneration , and devoted only to divine worship ( divino tantum cultui dedicatus ) and the presbyters are required to officiate in their several churches , both in preaching and praying ; and the people are required to let alone their common worldly affairs , and to attend the publick worship of god. the canons of egbert , archbishop of york , are as clear and full for the northern province , as the other for the southern , can. . that nothing is to be done on the lord's day , but what tends to the worship and service of god. and can. . that christ sanctified the lord's day by his resurrection . but because these canons of egbert will be often used , something ought to be observed to clear their authority . sir h. spelman saith , there are several ancient mss. of them . mr. selden owns the cotton ms. to be of the time of h. . but he suspects that another made the collection , and put it under his name . but it was no strange thing for the great bishops to make such a collection of canons ; for so it was done by theodore , archbishop of canterbury ; by theodulphus of orleans ; isaac lingonensis , chrodegangus , herardus , hincmarus , &c. and egbert was not only a great man , brother to the king of the northumbrians , but a great promoter of learning and ecclesiastical discipline , as appears by his dialogue about the latter , and the other by alcuin's epistles about him , and bede's epistle to him a little before his death . and the agreement between the capitulars and these canons , might come from alcuin's carrying them over into france with him . in the saxon canons , c. . it is said , that the lord's day on which our saviour rose from the dead , is to be devoted wholly to the service of god , excepting only works of necessity and charity . these canons are translated from those of theodulphus , bishop of orleans , a. d. . and it is observable , that as the christian religion prevailed in these northern parts , so the religious observation of the lord's day was enforced , as appears by the canons of the gallican church , as well as this . as in the famous canon of the council of mascon , a. d. . where the bishops assembled , complain of the neglect of the lord's day , and agree to put the people upon a stricter observance of it . and so before in the council of orleans , a. d. . but in both these canons they avoid a iewish superstition as well as profane neglect . they allowed both works of necessity and conveniency , and did not place the observation in a bare rest , but in attendance on the worship of god ; and forbad all manner of secular imployments which were inconsistent with it . nay , theodulphus his canon goes higher , tantummodo deo vacandum , the whole day ought to be spent in religious and charitable imployments . the greatest men in our saxon churches asserted the same . bede saith , that the apostles appointed the lord's day to be observed with religious solemnity , and therein we ought to devote our selves to the worship of god ; tantum divinis cultibus seviamus . and to the same purpose speaks alcuin , who was bred up under egbert , archbishop of york , and calls bede the greatest master of his time ; and in another place he saith , one seventh day is set apart among christians , as another had been among the iews for the service of god ; and that therein we ought to attend to the care of our souls , and to lead a spiritual life . bede distinguishes between the patriarchal and iewish sabbath . the latter he calls a carnal , and the other a spiritual sabbath ; the former lay in a strict abistnence from labour , but the other in prayer , and devotion , and spiritual contemplations . the iewish rest , he saith , was inutile , 〈◊〉 , & luxuriosum . for the 〈…〉 ●llowed recreations and sports on their sabbaths ; vacant ab opere bono , saith he , non ab opere nugatorio . vacant ad nugas , saith s. augustin ; but he saith , they had better plow or dig , than dance on that day , or sit in the theater . and he tells us , that the heathens objected against the iews , that they spent one day in the week in idleness . for they supposed the bare rest to be the sanctification of the day which was commanded ; and the spending any part of it in the publick worship , to be voluntary devotion . but the better sort of the iews thought the rest was appointed for the knowledge of the law , and spiritual imployments . so philo , iosephus , aben-ezra , kimchi , and menasseh ben israel . it seems most reasonable in this case to distinguish between the legal rest strictly required by the fourth commandment , and the original rest in remembrance of god's resting from the work of creation . the former was a sign between god and the people of israel , as it is often called in scripture ; and the other was a commemorative sign , but such as excited them to the worship of the creator ; and therefore the patriarchal sabbath , as bede observes , was of a spiritual nature . and such a spiritual sabbath , as s. augustin calls it , ought to be observed by christians in the duties of god's worship , as well as in spiritual and holy thoughts . but the iewish sabbath , he often-saith , doth not oblige christians . i the rather mention him , because bede followed his doctrine herein ; and that of gregory i. who was the great instrument of promoting the conversion of our ancestors to christianity . and he declares himself fully , both as to the cessation of the iewish sabbath , and the religious observation of the lord's day . it seems there were some then , as there are among us now , who were for the strict observation of the saturday-sabbath . but gregory saith , they might as well insist upon circumcision and sacrifices , as the iewish sabbath . but yet he adds , we ought on the lord's day to abstain from worldly imployments , and devote our selves unto prayers , that we may make some amends for the weeks negligence , by the devotions on that day . and this devoting the lord's day to the service of god , is entred into the body of the canon law ; and taken out of ivo , and by him from the canons of the gallican church , as appears by several councils . our lyndwood mentions that canon as in force here , die dominicâ nihil aliud agendum , nisi deo vacandum . and he takes some pains to explain it , by distinguishing , . works servile materially and formally , as plowing , sowing , markets , law-days , &c. these are generally forbidden . . acts spiritual materially and finally , as all acts of piety and devotion , and these we ought to attend upon with care and diligence . . acts not servile in themselves , but done for a servile end , as studies and designs for gain . . acts servile in themselves , but not so in their end ; as the man's taking up his couch on the sabbath-day , whom christ cured . he affirms , that there is a moral part in the fourth commandment , which , he saith , is a spiritual rest , or a time set apart for god's service : which he takes from aquinas , who saith the substance of the command is moral ; but he doth not make it to be one day in seven , but some determinate time , which , he saith , the church may appoint ; but then it must be imployed in the service of god ( vacare rebus divinis ) as things were said to be sanctified under the law , which were applied to god's service . but notwithstanding this judgment of aquinas , some great men in the church of rome have thought one day in seven , moral ; and that the proportion which god himself had appointed , cannot be lessened . for altho' mankind could not by natural reason find out the proportion , yet being once revealed , it doth not cease to oblige , unless something figurative and symbolical , or peculiar to the iewish nation be discovered in it . bellarmin makes that the reason of the institution of the lord's day , because god's law required that one day in seven should be set apart for the worship of god ; but the apostles thought it not fit to observe the iewish sabbath , and therefore changed it into the lord's day . covarruvias saith , that all divines agree with aquinas , that there is something moral in the fourth command , which continues to oblige ; and that the lord's day is of divine institution . and to him the roman editors of the canon law referr , as to this matter . azorius confesseth , that the observation of the lord's day hath something of the divine and natural law in it , which requires one day in a week should be consecrated to the service of god , and that it is most agreeable to reason . and he adds , that panormitan , sylvester , and other canonists held the lord's day to be of divine institution . suarez saith , that the church doth observe one day in seven by virtue of the divine law ; that proportion being so agreeable to natural reason , that it cannot be altered . thomas waldensis , who lived here in the time of h. . observes , that even then there were two extreams in mens opinions about the observation of the lord's day ; some allowed no kind of work , and others , any . but he shews , that the law of nature requires some solemn days for divine worship ; and that then there ought to be a rest from other labours , because they hinder the mind from that attention necessary to the service of god : and necessary works are left to a few , that others may be more at liberty . in the saxon laws we find many against the profanation of the lord's day by slavish imployments , by markets and trading , by folkmotes and law-suits , &c. so that great care was taken then , that the lord's day should be duly observed . after the norman times , we have several constitutions to inforce the strict observation of the lord's day . in the time of h. . hubert de burgo saith , that custom may derogate from other holy-days , but not from the lord's day ; because they are not commanded by god , as that is . since the reformation our book of homilies goes upon the same grounds which were used in the saxon times , viz. that the iewish sabbath doth not oblige us ; but however to observe the like proportion of time , and devote it to the service of god. mr. hooker saith , that we are to account the sanctification of one day in seven a duty which god's immutable law doth exact for ever . but what is meant by this sanctification of one day in seven ? if it be understood according to the old canons , it will fill scrupulous minds with more doubts and fears about the right observation of it . origen saith , the observation of the christian sabbath lies in these things ; . a forbearance of worldly business . . attendance on the publick worship . . divine meditation on things invisible and future . haec est observatio sabbati christiani . and in another place , he requires besides publick worship , private meditation and reading the holy scriptures . s. chrysostom insists very much upon the same in several places , and on different occasions . and altho' it be in his popular sermons , yet he would certainly not put them upon any thing , but what he thought very fit to be done . and they must have a mean opinion of him , who think his eloquence carried him too far in this matter . i shall conclude with the opinion of lyndwood , a learned and judicious canonist ; and he observes a threefold sanctification of the lord's day . . by abstinence from sin , which is necessary at all times . . by abstinence from such bodily labours as hinder the mind's attendance upon god's service . . by the whole imployment of our minds in divine matters ; and this he calls the perfect observation of it . these things i have the more largely insisted upon , to shew , that the religious observation of the lord's day , is no novelty started by some late sects and parties among us , but that it hath been the general sense of the best part of the christian world , and is particularly inforced upon us of the church of england , not only by the homilies , but by the most ancient ecclesiastical law among us . but this is not all , for the ancient as well as modern canons require the observation of holy-days likewise . the canons of egbert require not only prayers , but preaching then , can. . . the council of cloveshoo , can. . distinguishes the holy-days relating to our saviour , from the rest ; and saith , they are to be observed in a solemn and uniform manner , and the rest according to the roman martyrology ; which , i suppose , were those repeated then in the diptychs of the church ; which custom continued longer at rome , than in other churches ; but it was generally disused before the time of charles the great . the custom in rome , in gregory's time , was to observe the saints days with the solemn service at one church , as appears by his homilies on the evangelists , which were many of them preached on those occasions ; as of s. felicitas , hom . s. agnes , hom. , . s. felix , hom. . s. pancrace , hom. . &c. and of others who were roman martyrs ; and therefore had a particular solemnity appointed for them . but as to other saints days , it appears by the antiphonarius and sacramentary of gregory i. that they had particular anthems and collects proper for them in the offices of the day ; but i do not find that the generality of the people were so strictly tied up , when the offices were over , as they were on the lord's days , and the greater festivals relating to our saviour . in the council of cloveshoo , can. . i observe , that the natalitia sanctorum , i.e. the anniversary saints days , were observed with particular psalmody and anthems ; and can. . the days of gregory and augustin , the two great instruments of converting the nation , were only to be kept as holy-days by the clergy , without any particular obligation on all the people . so that the holy-days of strict observation then , seem to have been no other than those which relate to our saviour , called dominicae dispensationis in carne festivitates ; the rest had some proper offices which were performed on their days ; but the people were to attend them , as well as they could ; but after there was not this strictness required , as upon the greater holy-days ; and as it was in the church of rome afterwards , when they made the obligation of conscience to extend to all holy-days appointed by the church . but it is observable , ( . ) that this obligation is taken from those canons which mention only the lord's day , as appears by bellarmin . ( . ) that they kept up the distinction of greater and lesser holy-days . ( . ) that they allow the bishop to dispense , as to some works on holy-days . lyndwood observes , that the abstinence from work is not alike , but as the church hath required it ; and that if a bishop's licence cannot be had , a less will serve . our church , can. . requires holy-days to be observed with works of piety , charity , and sobriety ; but gives no rule as to abstinence from works , or the strict obligation of conscience . . i now come to the particular duties of the clergy on the days which are solemnly devoted to the service of god. . the constant and devout attendance upon , and solemn reading the prayers of the church , as they are appointed . in the old saxon canons the presbyters are required to officiate constantly at prayers in their churches ; so in the council at cloveshoo ; can. . the canons of egbert , can. . canons of edgar , can. . but how if the people will not come to the prayers ? you ought , what lies in you , to remove the causes of such neglect ; which arises generally from these things ; either a gross stupidity and regardlesness of religion , which is too common in the world , or from prejudice and principles of education , or the interest of a party ; or from not reading the prayers with that attention and devotion which is fit to raise an esteem of them . the other two , you ought to do what you can to remove ; but this is your own fault if you do it not . we are not to please the fancies of people by an affected variety of expressions in prayers ; but we ought to do what we can to excite their affections , which is done as much by the due manner of reading , as by figures in speaking . and the people are uneasie at staying , when they see the minister read them so fast , as though he minded nothing so much as to be at the end of them ; or when he mangles them so , as if he had a mind to make the people out of love with them . . the next duty is preaching ; and truly that need to be looked after , when the esteem of our profession depends so much upon it . we have none of those methods which those on both sides make so much use of ; we can neither comply with the people in gestures , and phrases , and enthusiastick heats , nor with the superstitious devotions and priest-craft of others . of all churches ours hath the least reason to be charged with it , since they let go so many advantages over the people by the reformation . thanks be to god , we have scripture , and reason , and antiquity of our side ; but these are dry and insipid things to the common people , unless some arts be used to recommend them . but since our main support lies in the honesty and justice of our cause , without tricks and devices , we ought to look very well to that part of our profession which keeps up any reputation among the people ; and that is preaching . those who are so weak or lazy , as to be glad to have that laid aside too , in a great measure , never well considered the design of our profession , or the way to support it . it 's true , for some time preaching was an extraordinary thing in the church ; and none but great and eloquent men of authority in the church were permitted to preach , and the greatest bishops were then the preachers , as appears by the sermons of s. ambrose , s. chrysostom , s. augustin , &c. and even some of the bishops of rome , whatever sozomen saith , were frequent preachers , as appears by gregory's homilies on ezekiel and the gospels . and if it were not then practised he did very ill to complain of the burden of it , and the danger of neglecting it . but in other churches while the bishop and the presbyters lived together , before parochial cures were settled , the presbyters had no constant office of preaching , but as the bishops appointed them occasionally . but afterwards , when the presbyters were fixed in their cures , they were required to be very diligent and careful in preaching , or instructing the people committed to their charge , as may be seen in many early canons of the gallican church ; and so it was here in england : council of cloveshoo , c. . . egbert , can. . and that not only in the moving way in the pulpit , but in the familiar and instructing way , which we call catechizing ; concil . cloveshoo , c. . can. egbert . . both ought to be done , because they are both very useful . the principles and foundations of religion must be well laid , to make the people have any taste or relish of preaching ; otherwise it is like reading mathematicks to those who understand not numbers or figures . erasmus observes , that the sense of religion grows very cold without preaching ; and that the countess of richmond , mother to h. . had such a sense of the necessity of it in those times , that she maintained many preachers at her own charges , and imployed bishop fisher to find out the best qualified for it . and since the reformation the church of rome hath been more sensible of the necessity of it , as appears by the council of trent . cardinal borromeo , one of the most celebrated saints since that time , frequently insists upon it , gives directions about it , and speaks of it as a thing , which tends very much to the glory of god , and the salvation of souls . and to the same purpose other great men among them , as cardinal palaeotus , godeau , bordenave , and others . would it not then be a great shame for us , who pretend to a zeal for reformation and the true religion , to neglect or lessen the reputation of those things which our adversaries have learnt from us , and glory in them ; and those are diligence in preaching and catechizing ? which none can despise who value religion , none can neglect who have any regard to the interest or honour of their profession . . the next duty is the solemn administration of the sacraments , which ought to be done in the publick assemblies , where there is not a great reason to the contrary . the saxon canons are express , that baptism , unless in case of necessity , should be administred only in due times and places , egber . can. , . while the ancient discipline was kept up , and baptism only celebrated at the great festivals , there was a necessity of its being publick ; and the catechumens underwent several scrutinies , which lasted several days in the face of the church , as s. augustin observes , after they had been kept under private examination for some time before . but when whole nations were not only converted , but infants generally baptized , the former method of discipline was changed . but yet the church retained her right as to satisfaction about the due admission of her members . and that is the true reason why , after private baptism , the child is required to be brought to the publick congregation . for baptism is not intended to be done before a select number of witnesses , but in the face of the church , which is the regular and solemn way ; however , the bishop may dispense in some particular cases , which he judges reasonable . at first baptism was administred publickly , as occasion served , by rivers ; as bede saith , paulinus baptized many in the rivers , before oratories or churches were built . afterwards the baptistery was built at the entrance of the church , or very near it ; which is mentioned by athanasius , s. chrysostom , s. ambrose , s. augustin , &c. the baptistery then had a large bason in it , which held the persons to be baptized , and they went down by steps into it . afterwards when immersion came to be disused , fonts were set up at the entrance of churches : but still the place was publick . but in case of necessity there is a form prescribed ; and i do not see how any , without leave , can use the form of publick baptism in private houses ; which is against both our ancient and modern canons . in the greek church it is deprivation to do it ; and the synod under photius confirms it , both as to the eucharist and baptism , because publick order is to be preserved . but it is there understood to be done in opposition to the bishop's authority , whose consent may make the case different , if they judge it reasonable . but ministerial officers are not judges in an equitable case against a standing rule . . another duty of the parochial clergy is , to be able and ready to resolve penitential cases , which relate to the internal court of conscience , and not the external and judiciary court , which respects the honour of the church , as to scandalous offences committed by the members of it . and this takes in the private and occasional duties of the parochial clergy ; for they ought to inform themselves of the spiritual condition of their people , that they may be able to give suitable advice and directions to them both in health and sickness : but chiefly to be able to give them safe and seasonable advice under troubles of conscience by reason of wilful sins . duarenus , a very considerable lawyer , thinks the main business of the clergy , as to the cure of souls , lies in the power of binding and loosing , i. e. in dealing aright with the consciences of men , as to the guilt of their sins . and the rules of the penitential court , are different from those of the ecclesiastical court , as well as the end is different . in the saxon times , there were both here . there were ecclesiastical law which related to judicial cases , wherein a publick penance was injoyned in order to the churches satisfaction . but there were many cases which were not publick , and yet great care was to be used , as to the direction of penitents , as appears by the penitentials of theodore and bede in the saxon times . whereby we learn that a difference was to be observed , as to the nature of offences , and the circumstances of persons and actions , and the measure of contrition ; and the particular method is set down in the penitential books , which was in very material circumstances different from the methods used in the church of rome . but it is a thing necessary for every parochial minister to be able to settle doubting consciences , and to put them into the best methods of avoiding sin for the future , without which the absolution of the priest signifies nothing . for where god doth not absolve , the church cannot . . giving a good example to the people committed to your charge . this is often mentioned in the saxon canons : council at cloveshoo , c. . canons of egbert , , , , , . in the laws of alfred , c. . of edward c. . constit. of odo , c. , . of edgar , , , , , , . of canutus , c. . and in the conclusion of one collection of his laws are these words , happy is that shepherd , who by his good life and doctrine leads his flock to eternal and heavenly ioys ; and happy is that flock that follows such a shepherd , who hath rescued them out of the devil's hands , and put them into god's . . lastly the performance of all these duties supposes a constant residence among your people ; without which it is impossible to discharge them in such a manner , as to give them and your selves full satisfaction . this , i am sensible , is a very nice and tender point ; and the difficulties of it do arise from these things : on one side it is said , . that there is an allowance by the law given to several persons to hold more benefices than one ; and since the distribution of benefices is not by the law of god , but by the law of the land , what fault is there in making use of the privileges which the law gives ? but there cannot be constant residence in more places than one . . that the general service of the church is more to be preferred than taking care of a particular parish ; because the necessary duties of a parish may be supplied by persons approved by the bishop , and a single living seldom affords a sufficient competency for persons to be capable of publick service . . that the way of subsistence for the clergy , is now much altered from what it was when celibacy was enjoyned . for a competency was always supposed where residence was strictly required ; and what was a competency to a single person , is not so to a family . . that the church hath a power of relaxing the severity of ancient canons from the different circumstances of things ; and when the general good of the church may be more promoted therein ; as in the removal of clergymen from one diocess to another , and the translation of bishops . . that the case is now very different , as to dispensations , from what it was in the church of rome , as to the number of benefices , and the manner of obtaining them ; that a great restraint is laid by our laws upon pluralities , and our own metropolitan is the judge when they are fit to be granted . but on the other side it is objected , . that in the first constitution of parochial churches , every incumbent was bound to a strict residence ; so in the canons of egbert , can. . presbyters are said to be settled in those churches , which had a house and glebe belonging to them ; and many canons were then expresly made , that no person should have more than one church ; and it is said in the capitulars , that this had been several times decreed . and so it is in herardus his collection of canons , can. . in isaac lingonensis , tit. . c. . in chrodegangus , c. . in ivo carnotensis , part . . c. . in regino , l. . c. . the like we find in the spanish churches , concil . tolet. . c. . and thence in the canon●law , c. . q. . c. . and in the greek churches , concil . . can. . c. . q. . c. . and as soon as the abuse crept in in these western churches , it was complained of , and endeavoured to be redressed , concil . paris . . c. . concil . aquisgran . . part . . c. . concil . metens . c. . that afterwards , not meerly the mendicant friars complained of them , as some have suggested , but some of the greatest bishops have been zealous against them , as gulielmus parisiensis , peraldus , archbishop of lions , iacobus de vitriaco bishop of acon , robert de c●orton cardinal ; guiard bishop of cambray ; and gregory ix . declared , that he could only dispense with the penalty of the law. after a solemn disputation at paris , it was determined against pluralities , if one benefice be sufficient ; and all the divines joyned with the bishop therein , except two ; so that it seemed to be the current opinion of the learned and pious men of that time. aquinas saith , it is a doubtful point , but cajetan is positive against them . so that all the zeal against pluralities , is not to be imputed to the piques of the friars against the secular clergy ; although there is no question but they were so much the more earnest in it ; but in the council of trent the bishops of spain were the most zealous , as to the point of residence , and the friars against it , as appears by catharinus and others . . setting aside all authorities , the argument in point of conscience , seems the strongest against non-residence ; because persons have voluntarily undertaken the cure of souls within such limits ; and although the bounds be fixed by human authority , yet since he hath undertaken such a charge personally , knowing those bounds , it lies upon his conscience to discharge the duties incumbent upon him , which cannot be done without constant residence , as the magistrates are bound in conscience to do their duty , although the bounds are settled by human laws : and so in the case of property , human laws bind so that it is a sin to invade what is settled by them . and if it be left to a man's conscience , whether a man answers his obligation more by personal attendance , or by a curate ; whether the honour of religion , and the good of souls be more promoted , and the peace of his own mind secured by one or the other , it is no hard matter to judge on which side it must go . it is impossible to defend all the arguments used in the old canons against pluralities , as that polygamy is unlawful under the gospel : so that , as a bishop hath but one city , and a man but one wife , so a presbyter ought to have but one church : that no man can serve two masters , &c. but all their reasons were not of this sort . for , the council of toledo speaks home , that one man cannot perform his duty to more than one charge . to the same purpose the sixth council at paris ; and withal , that it brings a scandal on the christian church , and an hinderance to publick worship , and the good of souls , and savours too much of a worldly mind ; which are weighty arguments . the only considerable thing on the other side , is , that the bishops are to take care that the places be duly supplied ; but whether it be done by parson , vicar or curate , is not material . but this will not hold . for , ( . ) the care of souls is committed personally to him that doth undertake it . and a regard is had to the qualifications of the person for such a trust , by the patron that presents , and the bishop who admits and institutes the person so qualified . ( . ) the old canons were very strict as to personal residence , so as to fix them in their cures from which they could not go away when they pleased , which they called promissionem stabilitatis . our saxon canons are clear , as to the personal cure , can. egbert . . , . populo sibi commisso ; and no presbyter could leave his cure and go to another only for honour or profit , can. . and none could go from one bishop to another , without his diocesan's leave , concil . herudford . c. . egbert . de eccles. instit. p. , . and when the bishop gives institution , he commits the care of souls to the incumbent , and not meerly the care that divine offices be there performed . but yet it is well observed by aquinas , that if the having more benefices than one were a thing evil in it self , it could in no case be dispensed with ; but there are some actions which in general are irregular , yet in some cases may be justified ; especially , if they be extraordinary , as to publick service and usefulness , &c. and to the same purpose cajetan speaks ; but he saith , the cases that make it lawful , must relate to a publick , and not a private good ; but he mentions these things which excuse from residence ; . lawful impediments , as to health , &c. . publick service . and others say , a geometrical proportion ought to be observed in the distribution of ecclesiastical benefices , and not an arithmetical , i. e. a regard ought to be had to the merits and capacities of persons ; as a commander hath more pay than many common souldiers ; but this reaches only to the value , and not to the number of benefices . but the question still remains , whether a legal dispensation take not off the obligation in point of conscience , since it is allowed by law , and the curate appointed by the bishop , who committed the cure of souls to him ? in answer to this , we must consider , . that the law proposes in dispensations very allowable ends , as publick service , incouragement of learning , reward of merit ; and therefore doctors by favour have not the privilege which others have ; and in case of incompetency , as it was then judged , no legal dispensation was needful . . some ancient canons took care of the supply of the place by competent persons , and in that case abated the rigour of the canon . for sirmondus saith in the canon of the council of nantz , against pluralities , this clause was added , unless he hath presbyters under him to supply the duties of his place : and the same clause is in regino , l. . c. . and regino puts it among the articles of enquiry , as to the clergy , if any had more churches than one without presbyters to assist him . and in their old admonition to them at visitations it is to the same purpose , but in others it is left out . thomassin is of opinion , that the former enquiry related to those who had chapels , and not to more churches ; because then there were none that had titles upon anothers benefice ; but these words are express as to more churches . it 's true , there were no such titles then ; for a title in the old canon law , was the relation which a clergyman stood in to the bishop of his diocess , being one of his clergy ; and so the greek canonists understand a man 's not being ordained without a title , and not having two churches ; i. e. not to have relation to two diocesses , and so sine titulo , is without being owned by some bishop ; and this was that which they thought ought to be strictly observed ; and to which purpose many canons were made , both ancient and later ; and if any deserted their bishop , they were liable to deprivation . afterwards the word , title , came to be applied to parochial churches ; but there were some who found out , that the ancient canons had another sense . thence in the council of placentia in the canon sanctorum dist. . c. . it was decreed , that one might have two churches in the same diocess , but not two preferments in several cathedrals . and in the council of clermont , a. d. . the reason is given , because according to the canons no man could have-two titles ; and every one was bound to hold to the title to which he was first ordained . but after all , the council of nantz shews plainly , that more parochial titles were then allowed , if well provided for , by such persons as the bishop of the diocess approved . now this very much alters the state of the case ; for then the obligation is real , and not personal . . it was agreed by the ancient canons , that where there was an incompetency of maintenance , they allowed an union for support ; now that is but the bishop's act in joyning what had been divided , supposing a sufficient subsistence : and a reasonable distance with the bishop's allowance , hath the same equity ; i.e. the bishop's act may unite two small benefices for a support , not by a perpetual union , but so long as he sees cause , which our law doth still allow , under such a value . but it is rather a dispensation than an union ; for the rights continue distinct . in the court of rome there were prerogative unions ad vitam , which were very scandalous , and are owned by the best canonists to be destructive of all order , and invented to defeat the canons against pluralities . but the unions which the law allows , are only those where two distinct benefices are made one for a competent subsistence ; and then if the union be reasonable , the dispensation within due distance is so too . balsamon saith , in the greek church pluralities are not forbidden , if they be near , and under the same bishop ; but they did not allow the same man to be under two bishops . in the capitulars that clause is added , that no man shall have more livings than one , si facultas suppetit , if it affords a reasonable subsistence . and therefore in case of incompetency of maintenance , of a good provision for curates , and of publick service , the severity of the ancient canons is with reason abated , and a person is supposed to undertake the cure , with those measures which the law and canons allow . but every man who regards the doing his duty out of conscience , will consider how much lies upon himself ; and that the original intention of the church and laws , was , that no man should undertake more than he was willing and ready to discharge , as far as one man's abilities could go . for , in great cities , one great parish requires more than several churches in the countrey ; and in such cases an equitable construction must be put upon such canons , which require personal performance of these duties . of the maintenance of the parochial clergy , by law . the subject i intend now to consider , is the incouragement which the parochial clergy have by law for the doing their duties : which are the manse , the oblations , and the tithes . i. the manse , or house and glebe . in the canons of egbert it is said , can. . that an entire manse ought to belong to every church , without any other than ecclesiastical service . by a manse , mr. selden saith , in the old charters the same is meant as a casat or hyde of land. bignonius and sirmondus say , so much glebe as was an imployment for an husbandman and two servants . spelman saith , it takes in the house too . lyndwood saith , as much land as would imploy a yoke of oxen ; and so the gloss on the canon law. but in another place the gloss saith , the manse is the original endowment of the church , without which it cannot be supplied : and without which it could not be consecrated . for the endowment was first to be produced before the building , collatâ primitùs donatione solemni , are the words of the canon law. and the same appears by concil . valent. . c. . concil . bracar . . c. . vit. udalrici c. . regino l. . c. , . which is there explained to be a substantial sustenance for those who were to attend the service of that church . and in the acts of consecration of a parochial church in baluzius , the bishop in the first place declares himself satisfied with the endowment , unde dignè domus dei sustentaretur . and upon this the original right of patronage was founded , not upon the soil , which gave no title , where there was not a church built and endowed with a competent subsistence . so that all advowsons or rights of presentation in private patrons , were at first appendant to manors , and not in gross ; because the right came from the endowment out of the manor : and the name of patron in the sense of the feudal law , is the same with lord of the fee , and so beneficium is a feudal term ; and till the feudal law prevailed , the name of patrom is rarely used in this sense . and when it came to be used , the patrons in france would have brought those who had their benefices to a kind of feudal service , and to have received investiture from them . this mr. selden drives at , as though the patrons had the right of investiture belonging to them , because some such practice is often complained of in the french canons , and as often condemned , not meerly by ecclesiastical canons , but by as good laws as any were then made . it cannot be denied that bad practices are the occasion of making good laws ; but doth it follow that those practices which were against law , were the law of that time ? yet this is mr. selden's way of arguing ; he grants , that there were laws made , but they were little obeyed . must we therefore conclude those illegal practices to have been the standing law , and the laws themselves to be illegal ? there were two things aimed at by those patrons . . to keep the clergy in a sole dependance on themselves , witout regard to the bishop's authority . . to make such bargains with them as they thought fit . both these were thought necessary to be redressed by laws , since the canons were slighted by them . and if the practice be good against law in one case , why not in the other also ? why is not simony justified , as well as the patron 's absolute power over the incumbents ? but the laws were severe against both . for in the time of lud. pius , a. d. . there was a solemn assembly of the estates of the empire , where several ecclesiastical laws were passed , and among the rest , these two : . that no presbyters should be put in , or put out of churches , without the authority and consent of the bishops ; and that the bishops should not refuse those who were presented , if they were probabilis vitae & doctrinae , i.e. such as the bishops could not object against either for life or learning . . that every church should have an entire manse belonging to it , free from any feudal service ; but if they had other estates of their own , for them they were to answer to the lords of the manor , as others did . and from hence this came into the collections of ivo , regino , burchardus , and gratian , and passed for a law generally received . as to the former , a new sanction was added to it in another assembly at worms , a. d. . c. . and repeated in the capitulars , l. . c. . addit . . c. . and the like as to the latter , l. . c. . capit. a. . c. . but it seems there were some still continued obstinate in their former practices , and therefore these laws were reinforced in another assembly , a. d. . in the time of carolus calvus , who mentions the laws of his father and grandfather to the same purpose , c. . and there takes notice of the contrivances made use of to defeat the intention of those laws ; and the bottom of all is there said to be abominable simony . which shews , what it was which these patrons aimed at , by claiming investiture without the bishop . and it was then judged necessary , that the bishop's consent was required to prevent this mischief . but still some patrons required feudal service for the glebe they had given to the church ; but the law commands them to restore it free from such service , capit l. . c. . addit . l. . c. , . and after much struggling , hinomarus , who lived at that time , saith , that these laws were observed . the patron 's right by virtue of the endowment , was not disputed ; but an arbitrary power , as to the incumbents , was utterly denied them ; and they were put under the bishop's care , who was to receive complaints against them , and to proceed according to the churches canons . but i am apt to think that all this stir in france did not arise from the pretence of original donation and endowment of churches , but from the infeodation of church lands and titles , by charles martel ( as an old ms. in filesacus saith ) and others in france , whose custom it was to give them in recompence to their souldiers , who then looked on them as their own , and were hardly brought to any reasonable allowance for the clergy which supplied them . these were called beneficia in the capitulars , and they were to pay nonae & decimae , i.e. a fifth part out of them , which was obtained with much difficulty , as appears by the many laws made about them . in the council at leptins , a.d. . carolomannus , son to charles martel , owns the letting out some of the church lands sub precario & censu , upon a reserved rent , can. . capit. l. . c. . but then it was barely for life . but the consequence was , that it was very hard to recover either the lands or the reserved rents , and they put in clergy-men , and put them out as they pleased , because they held these lands as beneficiary tenures from the crown . so that it was the work of more than an age to put the church there in any tolerable condition . but this seems to be very much mistaken , when it is brought to prove the right of patronage from the endowment , as to the disposal of benefices . but the right of patronage by the first building and endowing the church , is owned by the civil law in iustinian's novels , . c. . and two things were there required ; . a sufficient maintenance for the clergy who were nominated . . the bishop's satisfaction as to their fitness ; about which he speaks in another novel , . tit. . c. . and he elsewhere requires , that before any churches were built , the bishop should see that there were sufficient maintenance for those who were to officiate , novel , . tit. . the same right obtained here upon the same grounds , as appears by the barons answer to gregory ix . who affirm , that they had it ever since christianity was founded here . they mean , ever since parochial churches were endowed by their ancestors ; for there could be no such right of patronage before . and such patrons were here called advocati ecclesiae , as appears by ioh. sarisbur . ep. . . and the ius advocationis , as our lawyers tell us , is a right which a person hath to present to a vacant benefice in his own name ; which is agreeable to what bracton and fleta had said long before . but it doth not appear by them how the names of patron and advocate came to be so applied . among the romans , saith asconius pedianus , the patron was he that pleaded the cause of another ; the advocate , he that appeared in court on his behalf . but this doth not reach to the ius advocationis which we are now about . in the ninety seventh canon of the african code , an allowance is made for the churches to have advocates to solicite their causes at court. from hence the greater churches and monasteries had their proper advocates appointed them by the king , as bignonius observes ; and in the old charters of aub. miraeus , several such advocates are appointed ; and it appears to have been an honorary title , and great men were pleased with it . miraeus faith , it was accounted a considerable honour at that time . and so by degrees the founders of parochial churches came to have the title of patrons and advocates of them ; and the right they injoyed , the right of advowson as well as patronage ( not as some ridiculously talk of advocat se , or advocat alium ) because the trust and care of those churches , endowed by their ancestors , was fallen to them , and they were bound to look after , and to defend the rights of them ; and so lyndwood explains it . ii. the next thing to be considered , is the oblations of the people , which in those elder times were so free and large , that ( which may seem incredible now ) there were persons who would build churches on their own land to have a share in the oblations , as is affirmed in one of the spanish councils , and there forbidden with great severity . it was not , as the gloss on the canon law understands it , to make a bargain for the right of patronage , but it is expressed to have an equal share with the clergy in the oblations of the people . it is observed by agabardus , that the devotion of persons in the first ages was so great , that there was no need to make laws or canons for the supplies of churches , since they were so amply provided for by the liberality of the people . thence we read of the deposita pietatis in tertullian , which were voluntary oblations ; and out of which were made divisiones mensurnae in s. cyprian , and the sportulae , which were the allowances made to the clergy out of the common stock ; and they who received them , and not those who gave them ( as mr. selden fancies ) were called sportulantes fratres ; and the allowances were then stiled stipes & oblationes , which were so considerable , that st. cyprian blamed some for their setting their hearts too much upon them ; stipes , oblationes , lucra desiderant , quibus prius insatiabiles incubabant ; which could not be said of any meer necessary subsistence ; these they received tanquam decimas ex fructibus , as st. cyprian speaks , in lieu of tithes at that time , when the most of the christian church inhabited the cities , and gave out of their stock to maintain the church , and those who attended upon the service of it . but when christianity came to spread into the countries , then a more fixed and settled maintenance was required , but so as to retain somewhat of the ancient custom in voluntary oblations . no sooner was christianity settled in france , but we read of lands given to the church by clodovaeus after his conversion ; these are owned by the first council of orleans called in his time , a. d. . and were put into the bishop's hands , and to be distributed by him for repairs of churches , maintenance of the clergy , and other pious uses , can. . , . but besides these , we read still of oblations made by the people on the altar , both in the mother-church , and in parochial churches . if in the mother-church one moiety went to the bishop , the other to the clergy ; if in the other , only the third part to the bishop . in the second council of mascon , can. . we find it required , that all the people make an oblation of bread and wine at the altar ; and this was a. d. . but besides , the next canon insists on the payment of tithes , as founded on the law of god , and the ancient custom of the church , which is thereby reinforced ; unde statuimus & decernimus ut mos antiquus reparetur ; which words are not fairly left out by mr. selden , because they shew that there was only in this canon a renewing of an ancient custom , which had obtained , but was now growing into disuse . for this council of mascon was called on purpose to restore what they found too much declining , as to religion ; and they begin with the observation of the lord's day , and after , add this , wherein they complain of the neglect of that which their predecessors observed , as founded on the law of god. so that there can be no doubt of the custom of paying tithes in france , from the time of receiving christianity ; and that this custom declined as their religion did . in the council of nantz , about a. d. . oblations and tithes are mentioned together , c. . as making up the churches stock , which was to be divided into four parts , to the bishop , and to the clergy , and to repairs , and to the poor . but besides the oblations of the living , it was then common to make oblations at their death ; and these were called oblationes defunctorum , and severe canons were made against the detainers of them , concil . vas. i. c. . agath . c. , . q. , , , . and so much appears by those canons which forbid exactions at funerals , concil . tribur . c. . nannet . c. . where an exception is made as to voluntary gifts , either by the parties deceased , or by the executors . but here , in the saxon times there was a funeral duty to be paid , called pecunia sepulchralis & symbolum animae , and a saxon soul-shot ; this is required by the council at aenham , and inforced by the laws of canutus , c. . and was due to the church the party deceased belonged to , whether he were there buried or not . some take this for the foundation of mortuaries ; but then the money must be turned into goods . for in glanvil's time , a freeholder is allowed to make his will of other things , provided that he give his first best thing to his lord , and his second to the church . and this was not originally pro animâ defuncti , as lyndwood thinks , from the modern canonists de consecrat . c. . but it was a right of the church settled on the decease of a member of it , as appears by the law of canutus . others have said , that it was in lieu of tithes substracted , and oblations not duly made . so simon langham in his constitution about mortuaries , which was made to explain a former constitution of robert winchelsee , because the people were observed not to pay their tithes and oblations as they ought . but he did not go about to settle a right which had not been before , but to prevent suits about that which was to be taken for a mortuary ; and he declares , that where there was a choice of three or more , the second was to be for the mortuary , de sepult . f. . b. so that r. winchelsee supposes it to be an ancient right . indeed in the cotton ms. of the council of merton , where this constitution is extant , the reason is given , that it was required by way of compensation for the neglect of tithes and oblations . in the synod of winchester , in his time , a constitution is made for the uniform payment of mortuaries in that diocess , the second best of the goods or chattels was to be paid in lieu of tithes unpaid . in the synod of exeter of pet. quivil , e. . the reason is given for the neglect of all parochial duties ; but there it is said , that some pleaded custom against the payment of them , and others , as to the manner ; and although this council endeavoured to settle an uniform payment , yet the statute of circumspectè agatis , leaves the whole matter to custom , ubi mortuarium dari consuevit . from whence my lord coke inferrs , that there is no mortuary due by law , but only by custom . the true inference was , that the contrary custom had altered the law from what it was in the times of canutus and glanvil . but that the prevailing custom became the standing law , as to mortuaries , appears by the statute of h. . c. . which limits the payment where the custom continued , but allows liberty for free oblations : and this free oblation was then called cors presentè , and was distinct from the mortuary in lieu of tithes , as appears by the instances in sir w. dugdale . but i return to other oblations , which lyndwood distinguisheth into those by way of gift , and such as became due . for these latter , he insists on c. omnis christianus in the canon law , de consecr . d. . c. . which requires that every one who approaches the altar , make some oblation . where the gloss saith , it is but counsel at other times , but a command on the festivals . for this q. . c. . is produced , quas populus dare debet ; but it is there interpreted of the case of necessity : hostiensis thinks all are obliged on great festivals , and that the general custom lays an obligation ; but lyndwood thinks the custom of particular churches is to be observed . in the synod of exter before-mentioned , oblations are said to be of divine right , and that every parishioner is obliged to make them ; but the time is limited to christmas , easter , the saints-day of the church and the dedication , or all-saints . so that four times in the year they were required to make oblations after the age of fourteen . and so giles , bishop of sarum , debent offerre ex debito quater in anno . in the synod of winchester , none were so obliged till eighteen , and having goods of their own . but i observe , that in the ancient canons here , by the oblations , such things were then understood , as were for the support of the clergy : thence several canons were made against those who turned them another way . so in the council of london under archbishop stratford , oblations are declared to belong only to ecclesiastical persons . and so lyndwood saith , the goods of the church are called oblations . and in case the mother-church were appropriated , the oblations and obventions made in the chapel of ease , did not belong to the convent , but to the persons who officiated there . these were called by the name of the altarage , and were generally expressed under that name in the endowment of vicarages ; but when these were too small for the maintenance of the vicar , those small tithes which were joyned with them , were comprehended under that name ; and so it hath been resolved in the courts of law upon a solemn hearing . iohn de burgo , in his pupilla oculi , speaking of oblations , saith , that persons may be bound to them four ways : . by contract upon the foundation of the church , which amounts only to a pension upon endowment . . by promise either living or dying . . by necessity , when the parochial minister cannot be supported without it . . by custom , in the greater solemnities ; but he saith , the proportion and kind are left to discretion ; which made oblations sink so low , that the parochial clergy must have starved , if they had nothing else to support them . but besides these , he mentions occasional oblations upon particular services , as at marriages , christenings , funerals , &c. concerning which we have several constitutions against those who went about to hinder them , or to reduce them to a small quantity . the easter-offerings are none of these voluntary oblations , but a composition for personal tithes payable at that time ; of which i may have occasion to speak more afterwards . but in the saxon times here were other sorts of oblations ; as ( ) the cyrycsceat or first-fruits of corn payable at s. martin's day , ina ll. . . edmund . c. . and is often mentioned in doomsday-book , and in fleta l. . c. . malmsb. l. . c. . and the oblation of poultrey at christmas is mentioned in doomsday , under that title . ( . ) there was here another kind of oblation called plow-alms , which was a peny for every plow between easter and whitsontide . this is mentioned in the laws of king ethelred , and required to be paid fifteen days after easter , although it be called eleemosyna aratralis . in the endowment of the vicarage of s. ives , plow-alms is mentioned besides the altarage and obventions . but all these oblations made a very poor subsistence for the parochial clergy . iii. and therefore i come to the main legal support of the parochial clergy , which is in tithes . concerning which i shall proceed in this method ; i. to consider the foundation in law which they stand upon . ii. the rules of law which are to be observed about them . i. as to the foundation they stand upon in point of law. my lord coke not only saith , that the parochial right of tithes is established by divers acts of parliament ; but he mentions the saxon laws before the conquest for the payment of tithes of edward and gathrun , ethelstan , edmund , edgar , canutus , and king edward ' s , confirmed by william i. hobart saith , that tithes are things of common right , and do of right belong to the church . and since parishes were erected , they are due to the parson ( except in spiritual regular cases ) or vicar of the parish . in the register of writs , a book of great authority , there is a writ of consultation for tithes , wherein they are owned to be of common right , as well as immemorial custom , due to the rector within the limits of his parish . lord chief justice dyer saith , that tithes can never be extinguished , because they are of common right . the same is affirmed by justice dodderidge in the case of fosse and parker . in pieddle and napper's case , tithes are said to be an ecclesiastical inheritance collateral to the estate in land , and of their own nature due to an ecclesiastical person : and , that all lands of common right are to pay tithes . therefore it is said by hobart in slade's case , that no land can be discharged of tithes , although it may be discharged of the actual payment . in popham's reports we read , that it is a maxim in law , that all persons ought to pay tithes , and all lands shall be charged with them of common right . so that if the judgment of some of the greatest men of the profession may be taken , nothing can be more clear and evident than the legal right of tithes . but it falls out unhappily among us , that nothing hath been the occasion of so much difference and contention between the incumbents and their parishioners , than the point of the payment of tithes . so that some have wished them changed into some other way of maintenance ; but i cannot see any reason why so ancient , so legal , so just a maintenance should be changed into any other , which would less answer the end , and be liable to as many difficulties , if not far more ; but every change of this kind , where we cannot be secured of the event , is very dangerous , especially when it proceeds from want of judgment or ill-will to the profession ; both which are to be suspected in this case . if the ill humours of some people could be changed , it would signifie far more to the quiet of the clergy , than altering their legal maintenance . therefore the best way is to enquire into the reasons of this dissatisfaction , that we may find out the proper methods to remove it , and thereby to prevent the troublesom and vexatious suits about them , which make the parochial clergy so uneasie , and their labour often unsuccessful with the people . and there is a twofold dissatisfaction which lies at the bottom of most of these contentions about tithes . . in point of conscience . . in point of law. . in point of conscience . there is a sort of people among us , who are very obstinate in this matter , and will rather chuse to go to prison and lie there , than pay their tithes . i have often thought whence such a stiffness should arise in a matter of legal right . if they had opposed all determinations of property by law , they had been more consistent with themselves ; but to allow the law to determine the right as to nine parts , and not as to the tenth , is not to be reconciled . for if the question be concerning the other parts , to whom they do belong , may not men as well dispute the matter of dominion and property in them ? may they not say , that the seed is our own , and the labour and charges our own ; why then shall i answer to another for the profit which arises from my pains and expence ? if it be replied , that the law hath given the property of the land to one , and the use to another , why may they not pretend this to be an unreasonable law to separate one from the other , since land was given for the use ; and the original right of dominion was from what was necessary for use ; therefore the separating right and use , is an incroachment on the natural rights of mankind . and there seems to be more colour for this , than for any to allow the laws to determine the right of nine parts to belong to the lord of the soil , but the tenth by no means to go that way , which the law of the land hath long since determined it . so that the lord of the soil either by descent or purchase , can claim no right to it ; for neither did his ancestors enjoy it , nor those who sold the land to a purchaser consider it as his own , for then he would have had the value of it . the tenth part then is set aside in valuation of estates , as already disposed of ; and the question is , whether the same law which settled the right to the other , shall determine this likewise ? is it not a part of natural injustice to detain that which by law belongs to another ? and is not the law the measure of right in cases of difference between man and man ; why then should not the law fairly and equally determine this matter , to whom the tenth of the profits belongs ? but still they say , it is against their conscience , and they cannot do it . is it against their conscience to do acts of natural justice , not to detain that from another , which of right belongs to him ? but it is in vain to argue with people , who do not judge of things by the common light of reason and justice , but by an unaccountable light within them , which none can judge of but themselves ; and in matter of interest men are the worst judges in their own case . . therefore i come to those who are capable of being argued with ; such , i mean , who are unsatisfied in the point of law , not in general , but in particular cases , from whence suits arise , and those are often from these causes : . not duly considering the just measure and extent of the rules of law for the payment of tithes . . not attending to the exemptions , or discharges by law from the payment of tithes . the best way i know to prevent troublesome suits about tithes , is to enquire diligently into these two things : . the rules of law for the payment of tithes . one might have justly expected , that in a matter of common right and daily practice , and wherein the peace and quiet of the people is so much concerned , as well as of the clergy , the rules of law should have been plain , and clear , and liable to as few exceptions as possible ; but instead of this , there is not one general rule in this matter , but hath several exceptions ; and different opinions have been about them by the great men of the law , which hath given too much occasion to the multitudes of suits which have been in the matter of tithes ; so that the clergy are not so much to blame , if they are unavoidably involved in suits by the perplexity of the law , and the different resolutions which have been made about the cases reported by them . this i shall make appear by examining some of the most general rules of law , and comparing them with the resolutions which have been made in particular cases . . one of the most standing rules of the law , is , that tithes are only to be paid of things which do annually increase , ex annuatis renovantibus simul & semel . but is this rule allowed in all cases ? . from hence coke concludes , that no tithes are to be paid of minerals , or of what is of the substance of the earth ; and so stone , turff , tinn , lead , coals , chalk , pots of earth , are denied to be titheable . but i find , h. . n. . a petition of the commons was denied about being sued in the ecclesiastical courts for tithes of stone and slat taken out of their quarries . the petition was renewed , h. . and then the king's answer was , that the former custom should continue . and so about tithes for sea-coals , e. . n. . from whence it appears , that these things might be tithed by ancient custom , and that was not thought fit to be altered . but , eliz. it was resolved in the kings-bench , that no tithes are due of quarries of slat or stone , in the case of lysle and wats . here was no regard to custom , and a reason is given , which deserves to be considered , viz. that he may have tithes of the grass or corn which groweth upon the surface of the land where the quarry is . but how if there be none ? as lands where quarries are , seldom afford tithes . but the note on the register saith , that if corn do grow there , tithe of it would be due however . so that here we have a rule against an ancient custom and rule too . but it cannot be denied , that fitz-herbert and brook say , that there is no tithe of quarries , or coals , or such things ; and it was so adjudged , iac. and iac. and in other cases since . and yet after all , rolls yields , that a custom in these cases is to be allowed ; so that the general rule is to be understood so , as there be no custom to the contrary . and as to minerals , it is determined by a late writer , that by custom tithes may be due of them , although they do not annually increase . and my lord coke mentions king iohn's grant to the bishop of exeter of the tithe of his tinn-farm . and a good author assures us , that in places of lead-mines , the tithe of lead is the chief part of the ministers maintenance . therefore my lord coke concludes his discourse of tithes with this general rule , that by custom a parson may have tithes of such things as are not titheable of common right . . from hence it is concluded , that no tithe can be due for houses , because they have no annual increase . this was solemnly debated in dr. grant's case , iac. and that there was no tithe due , was proved by the counsel from the register , fitz. h. n. b. brook , &c. but it was resolved by the court , that although houses of themselves were not titheable , yet there might be a modus decimandi on the ground on which the houses stood , and the houses did not take away the right before ; and in most ancient cities and burroughs there was such a modus for the maintenance of their minister . i grant that there was a certain modus decimandi upon houses , but not upon the account of the ground they stood upon ; but there was a customary duty upon houses in lieu of tithes , and were accounted a sort of praedial tithes , although they were called oblationes de domibus , as lyndwood saith , and were distinct from personal tithes , for the iews were bound to pay tithes of houses , but not personal . such was the rate on houses in london : but in dr. layfield's case it was denied , that there could be a prescription of tithes upon houses , because they are to be paid only for the increase of things . what is now become of the former modus decimandi , when a prescription was here insisted upon and denied ? so that here were different opinions , a special custom was allowed upon good reason ; and here a prescription disallowed upon such a reason as would have overthrown the former custom , and yet the law was the same still . . from hence it would follow , that if this rule hold , things which have not an annual increase would not be titheable : then no tithe of saffron would be due , whose heads are gathered but once in three years , nor of sylva caedua , under twenty years ; and yet this was allowed in parliament at sarum , saith the register , notwithstanding it was not renewed every year . and rolls saith , that tithes shall be paid of beeches , hazle , willows , holly , alder , maple , even after twenty years , because they are not timber . but what if willows be used for timber ? then hobart saith , they ought to be excepted . if young trees grow in a nursery , and be sold , it is allowed that tithes shall be paid of them , and these are not renewed every year . and what becomes now of this general rule , when so many exceptions are made to it ? . if this rule hold , there can be no tithes of after-pasture , for the rule is simul & semel . and my lord coke saith , it was adjudged , iac. that a parson shall not have two tithes of land in one year ; and he instances in the hay and after-pasture , &c. and yet rolls affirms , that it is due by law , unless there be a prescription to the contrary ; and he saith , the iudgment was given upon the prescription . and therefore he resolves it into a modus decimandi . but he mentions several judgments , that no tithe is due for after-pasture , where tithe-hay hath been paid before ; which must be where there was no custom to the contrary , or else he must contradict himself . and so yelverton saith in the case of green and austen , that of common right , tithe-hay discharges the tithe of the after-pasture . but crook saith , that in that case the court went upon the prescription , and allowed it to be good . how could it go upon both ? and sir s. degge is positive , that if a meadow affords two crops , the parson shall have tithe of both . how can these things consist ? or what authority may we rely upon in such difference of opinions ? . another rule in law is , that things which are ferae naturae , are not tithable . but here we are to seek what things are ferae naturae ? whether such things as may be tamed and kept under custody , and become a man's property , are ferae naturae ? is it not felony to steal rabbets or pigeons ? if it be , they must be some man's property ; and if they be a man's proper goods , how can they be said to be ferae naturae ? for the meaning was , that no man was to pay tithes for that which was not his own . are not bees ferae naturae , as much as pigeons and rabbets ? but the tithe of bees is allowed to be paid by the tenth of the honey and wax . but rolls saith , that it was doubted whether a tenth swarm were a good modus for the tithe of bees , because they are ferae naturae . the reason is , because they are left wild , and under no custody ; but if they went into several hives belonging to the proprietor , they might be tithable by the hives . and so for pigeons under custody in a dove-house , they are a man's property , and therefore tithable : as it hath been several times resolved in courts of law , iac. in whately and fanbor's case , in iones and gastrill's case , a prohibition was denied ; and justice dodderidge declared , to whom the court assented , that tithe was due both of young pigeons and conies . but the prevailing opinion hath been , that if they are consumed in the house , they are not tithable , but if sold , they are . but are they not ferae naturae as well when they are sold at market , as when they are eaten at home ? why then are they tithable in one case , and not in the other ? if they are tithable at all , they are so where-ever they are spent ; for in tithing , the nature of the thing is to be considered , and not the place of spending it . for upon the same reason there would be no tithe of corn spent at home , or pigs , calves , &c. and therefore i look on the reason as of worse consequence , than the total denying the payment . for who can tell how far this reason may be carried in other cases ? but it is resolved in many cases , that though they are ferae naturae , yet by custom they may be tithed ; and so for fish. custom it seems hath the power of reducing things ferae naturae to the same condition with other things . but as far as i can find , these things by our old constitutions , were as tithable as other things ; but the notion of their being ferae naturae being started , served as a plea against them , where the custom was not continued ; and where it was beyond all dispute , then they said , they were not tithable in themselves , but only by custom ; or not by law , but by custom ; and yet such customs make a part of our law. in several ancient appropriations , fish , and pigeons , and rabbets are expresly mentioned , as given together with other tithes ; so that in those times both law and custom went together . for the lords of manors were not wont to give tithes which were not otherwise due . . but what is to be done with those lands which might afford tithe , if the increase of grass were suffered but the owners feed cattel upon it , and so there can be no tithes , what remedy doth the law afford in this case ? . it is agreed that no tithe is due , if no other cattel be fed , but such as the owner pays tithe for , or are imployed in plowing , or any other way which is for the benefit of the incumbent of that parish where they are fed . for otherwise they are but as barren cattel to him . . that there is a certain rate due for the agistment of barren cattel , iure communi , and so delivered by hales then chief baron , according to the value of the land , unless custom hath determined otherwise . and so for guest-horses , &c. unless the inn-keeper had paid tithe-hay , say some , or the custom be otherwise : but none for saddle-horses for the use of the owner . one of the judges dissenting , because not intended for husbandry . but for unprofitable cattel the tenth part of the bargain is due , or according to the value of the land , and the owner of the cattel is compellable to pay . . if profitable and unprofitable be mixed , so as the latter be the greater number , then herbage must be paid for them , and tithe in kind for the profitable ; but if the profitable be the greater number , it is questioned whether the other are not excused ; but no law or precedent is produced for it : and there seems to be no reason , if pasturage be due for unprofitable cattel , why they should be excused because there are more profitable , unless their number be inconsiderable . these things i have only briefly touched at , that you may the better govern your selves in disputes of this nature ; and as you are not to lose the just rights of the church , so neither is it for your interest or honour to be engaged in them , where the law will not bear you out . ii. the next thing necessary to be considered , is , the legal discharges from the payment of tithes . for , although the reason of the payment of them be founded on the law of god , and the settlement of tithes among us hath been by ancient and unquestionable laws of the land , yet the recovery of tithes when unjustly detained , can be no otherwise than by the law of the land , as it is now in force . and if these do allow several discharges and exemptions not to be found in the ancient laws or practice , we shall but involve our selves in fruitless-contentions , if we dispute those limitations which the law hath put upon the payment of tithes . and therefore our business is to enquire and satisfie our selves , as well as we can , about the nature and extent of these limitations . now there are four sorts of discharges of the payment of tithes allowed . . by appropriations to monasteries . . by privileges of particular orders . . by prescription and real compositions . . by unity and possession . of these i shall discourse in order , so as to clear the greatest difficulties , with respect to them . . as to appropriations . by the statute of dissolution , h. . . the new possessors are to enjoy their parsonages appropriated , tithes , pensions , and portions , and all other lands belonging to them , discharged and acquitted of the payment of tithes , as freely , and in as ample a manner as they were enjoyed before . h. . . it is enacted , that no persons shall be compelled , or otherwise sued to yield , give or pay any manner of tithes for any mannors , lands , tenements , or other hereditaments , which by laws or statutes of this realm are discharged , or not chargeable with the payment of any such tithes . so that we must enquire into the state of parsonages appropriated before the dissolution , and how the payment of tithes stood then . i will not deny that there were churches appropriated to monasteries in the saxon times ; but if mr. selden's doctrine hold good , as to the arbitrary consecration of tithes till the twelfth century , those churches cannot carry the tithes along with them , but only such glebe and oblations as belonged to them . for how could the tithes pass with the churches , if they were not then annexed to them ? but he confesses , that the mention of tithes with churches in appropriations , was rare , or not at all till after the normans . the reason might be , that the separation of tithes from the churches , was not known till the norman times . for the norman nobility took little notice of the saxon laws about tithes ; but finding tithes paid out of the lands within their manors , they thought they did well , if they gave the whole tithes , or a portion and share of them , as they thought fit , to some monastery either abroad or at home . and this i take to be the true account of the beginning of appropriations among us . it were endless to give an account of the appropriations made by the normans , for the monasticon is full of them . william i. gave several churches with their tithes to battle-abbey . william rufus added more . h. . to the monastery of reading , several churches in like-manner ; and h. . more . hugh earl of chester , gave the tithes of several manors to the monastery of st. werburg , in the time of william i. of which kind the instances are too many to be mentioned ; instead thereof , i shall set down the state of the parochial clergy under these appropriations , which was very mean , and intended so to be , being supplied by the english clergy . . where the churches and tithes were appropriated to a monastery , the vicar had only such a competency as the bishop thought fit to allow , till vicarages came to be endowed : for right understanding this matter of appropriations , as it stood here in england , these things are to be considered . . that there was a parochial right of tithes settled in the saxon times : which i infer from the laws of edgar and canutus , where the tithes are required to be paid to the mother-church ; and if the lord of a manor have a church on his own free-land , he may retain a third part of the tithes for the use of it . these laws are so plain and clear , that mr. selden does not deny them ; and he confesses , the first limitation of profits to be contained in them . but what is to be understood by the mother-church to which the tithes were given ? mr. selden would have it the monastery or mother-church ; but afterwards he grants , that a parochial right to incumbents was hereby settled ; which is the first legal settlement of tithes in a parochial manner : but these laws of edgar and canutus were so solemnly enacted , that , as mr. selden observes , they were particularly called , leges anglicae , the old english laws in the old latin mss. it is a commonly received opinion among the lawyers of the best rank , that before the lateran council there was no parochial settlement of tithes here . my lord coke found no such decree of the lateran council under alexander . h. . a. d. . and therefore he refers it to a decretal of innocent . as to the lateran council which lyndwood mentions , it plainly speaks of feudal tithes , which a person enjoyed by the churches grant , and such might before that council , be given to what church the person pleased . but is there no difference between feudal and parochial tithes ? and what proof is there of any ancient infeodations of tithes here ? mr. selden himself thinks lyndwood applies the custom of other countries to his own . but as to the parochial right of tithes among us , it stands thus : by the saxon laws the parochial was settled . after the norman invasion these laws were neglected and slighted by the normans ; h. i. by his charter restored them , h. . c. . and the very words of the laws of edgar and canutus are repeated . the normans went on notwithstanding , and so these laws were discontinued in practice . but hadrian . who was an englishman by birth , observing the disorderly payments of tithes here , published a constitution to require the parochial payment of them , as is observed by p. pithaeus , a very learned and impartial man. after him alexander . in a decretal directed to the archbishop of canterbury and his suffragans , complains , that whereas the parishioners had formerly paid their tithes entirely where they ought to pay them , the contrary custom had obtained ; and some withdrew the tithe of wooll , fish , and mills ; therefore he requires the strict payment of them to the churches to which they were due . the latter part only is in the canon law , but the former is added from the ancient copies by pithaeus . as to the decretal of innocent iii. to which my lord coke refers , and mr. selden thinks was mistaken for the lateran council , being brought into england with it ; there is such an epistle extant in the collection of his epistles , but not put into the canon law , and was nothing but an inforcement of the former laws , and a declaring the contrary custom void , which had too much obtained since the norman times . but in a decretal extant in the canon law , de decim . c. . he acknowledges the parochial payment of tithes to be due by common right , cum perceptio decimarum ad paroeciales ecclesias de iure communi pertineat . can any thing be plainer than that the parochial right could not depend upon his decretal epistle , when himself confesses that they were due by common right ? we do not deny that he inforced the payment which had been so grosly neglected in the norman times , and the most they would be brought to in many places , was to pay only a third part to the parish-priest who officiated , and gave the rest to monasteries , and often appropriated the whole tithes to them , either at home or abroad , as will abundantly appear by the monasticon ; from whence it is plain , that they looked on tithes in general , as due to the church , as appears by very many of their ancient charters ; but they thought they did very well when they appropriated them to monasteries of their own erection , or others , as they thought fit . but this humour took so much among the norman nobility , and served so many purposes of honour and devotion , as they thought ( besides reason of state ) that the parochial clergy were reduced to so poor a condition , that alexander iv. complained of it as the bane of religion , and destruction of the church , and as a poison which had spread over the whole nation . and it must be very scandalous indeed , when the pope complained of it : for the monks that were able , generally got their appropriations confirmed in the court of rome . . there was a competency to be settled on the parochial clergy by the bishops consent , which was required in order to the confirming an appropriation ; as may be seen in multitudes of them in the monasticon , besides those which are preserved in the churches registers . sometimes the endowment is expressed , and at other times it is reserved in the bishop's power to do it as he sees cause . but the bishops were either so remiss in those times , or the monks so powerful at rome , that the poor vicars fared so hardly , that in the time of h. . alexander iii. sent a reprimand to the bishops for favouring the monks too much , and the clergy too little ; and therefore requires the bishops to take care that the vicar had a competent subsistence , so as to be able to bear the burden of his place , and to keep hospitality . this was directed to the bishop of worcester ; for it seems so long since the poor vicars here were hardly provided for . and yet i have seen several forms of appropriations made by the bishops here , after the conquest , wherein there is a twofold salvo ; one for the bishop's right , and another for a sufficient maintenance for the curate , although the church were appropriated ad communem usum monachorum , as of wolstan , roger , and of william in the time of hen. ii. when alexander iii. lived , and of walter de grey , sylvester , &c. but it seems where a competent subsistence had been decreed , the monks took the first opportunity to lessen it ; which occasioned another decretal in the canon law , wherein any such thing is forbidden , without the bishop's consent . in other places they pleaded custom for it ; thence came another decree of the lateran council , to void all such customs by whomsoever introduced , where there was not a competent subsistence for him that served the cure. the monks were still refractary in this matter ; and because the bishops had power to refuse any person presented by the monks , unless they did consent to such a reasonable allowance as the bishop thought fit ; therefore they grew sullen , and would not present ; in which case another decretal was made to give the bishop power to present . and after all , clement v. de iure patron . c. . reinforced the former decretals , and injoyned the diocesans in the strictest manner , not to admit any person presented to a cure , where the church was appropriated , unless sufficient allowance were made by the bishop's consent and approbation , and all custom and privileges to the contrary are declared to be void . but how far doth this hold among us now , since the appropriations are become lay-fees , and the bishop's power is not mentioned in the statute of dissolution ? to this i shall give a clear answer , but i doubt not satisfactory , to all parties concerned . for as necessity and power , so some mens interest and reason live very near one another . . the statute of dissolution leaves all matters of right as to persons interested just as they were before . for by the surrender the king was to have the monasteries and tithes in as large and ample a manner as the abbots then had them in right of their houses , and in the same state and condition as they then were , or of right ought to have been : and so res transit cum suo onere . but this is not all : for there is an express salvo for all rights , claims , interests , &c. of all persons and bodies politick . so that if by the law of england there was such an antecedent right in the vicar to his allowance , and in the bishop to assign it , it is not taken away by this statute , nor any other . . by the law of england the bishop had a right to provide a competent maintenance for supplying the cure upon an appropriation . we are told by an unquestionable authority in point of law , that car. . this point was brought before the kings bench , in the case of thornburgh and hitchcot . the vicar complained , that the church was appropriated , and that he wanted a competent maintenance ; a prohibition was prayed , but denied upon this reason , that the vicar had reason for his suit , and that the ordinary might compel the impropriator to make it greater ; because in all appropriations that power was reserved to the ordinary . and so in the year-books it is allowed , that the ordinary may increase or diminish the vicar's portion , e. . cas. . f. . by our provincial constitutions , the bishop is to take care that the vicar have a competent allowance ; which at that time was set at five marks ; but lyndwood observes , that as the price of things rose , so the allowance was increased , and in stipendiaries it was then advanced to eight or ten marks ; which , according to sir h. spelman's computation , comes to above sixty pounds per annum . but some have told us , that by some old statutes , even beneficed persons were not by law to have above six marks per annum ; for this was the sum allowed to parish priests ; which is so gross a mistake in any that pretend to law or antiquity , that it is to be wondred how they could fall into it . the truth of the case was this ; the parochial chaplains or priests were complained of , e. . n. . that they could not be gotten to attend after the plague , but at excessive rates ; upon this a provincial constitution was made , extant in the parliament rolls , wherein they are obliged to demand no more than six marks . but who were these parish-priests ? not such as had the legal endowments , but those who depended on the good-will of the parson or people , and were hired to officiate in chapels of ease , or to perform offices for the dead , which were so frequent at that time . and these were called annual chaplains , or masse chaplains , and were distinguished from domestick chaplains who officiated in great mens houses in their private oratories , and from beneficed persons , as appears by many constitutions . but whatever was understood by the act of parliament then , it was repealed iac. . . . the law of england , as to a competent subsistence for the vicars or curates in appropriated churches , is founded on very good reason . for the tithes were originally given for the service of the church , and not for the use of monasteries . and this was a hard point for the monks to get over , since the tithes were given for the maintenance of the clergy , and they were none of the clergy , how they came to have a right to the tithes . it is certain , that the state of the clergy and the monastick state were different ; and the offices of the clergy and of the monks were inconsistent , if they held to their rules ; how then came the monks to take the maintenance which belonged to the clergy for other offices , as though they were originally intended for them ? for which there is no colour or pretence . this point was debated between two great men of their times , s. bernard and petrus cluniacensis : the former a cistertian monk , declared himself unsatisfied with the monks taking the maintenance of the parochial clergy from them , which was given on purpose to attend the cure of souls . but , said petrus cluniacensis , do we not pray for their souls ? but the cure of souls is another thing ; and by the canons of the church the monks were forbidden to meddle in parochial offices of preaching , baptizing , visiting the sick. so that it might bear a question in law , whether a monastery were capable of an appropriation , since by the ecclesiastical law , they are not an ecclesiastical body ? and for that reason hobart saith , a nunnery is not ; and the same reason will hold for the other . the cistertian order was at first very scrupulous in this matter , when they came hither , and pretended to live only on their own lands , and disliked appropriations , as great injuries to the clergy , and called it sacrilege to take their tithes away from them . this was wisely done of them at first to ingratiate themselves with the clergy , and to get as good lands as they could . but after a while they abated their zeal , and then they pretended to do nothing without the bishops consent ; till at last they were as ready as any , and got as large privileges to exempt their lands from payment of tithes , under which the clergy suffer to this day . but to return to the beginning of appropriations among us . after the normans coming , they stood upon no niceties of law , or original grants , but they took possessions of the tithes of their manors , and disposed them as they pleased . the poor parochial clergy were english , whom they hated , and cared not how poor they were ; the bishops were normans , as fast as they could make them ; and the business of the great men , was to incourage the norman monks that came over , and to build and endow monasteries for them to pray for their souls , which they minded so little themselves ; and this i take to be the true account of the beginning and increase of appropriations in england , which at first were only permitted , but are confirmed by the law since the statute of dissolution . ii. in some appropriations there were vicarages endowed , and here the difficulty lies in distinguishing the tithes which belong to one from the other . before the statutes for endowment of vicarages , in case of appropriations , r. . . h. . . there were endowments made , where the bishops took care of it ; but they were generally so remiss in it , that those statutes were thought very necessary ; and one , it● seems , was not sufficient . for they eluded the former by appointing vicars out of their own body ; but the latter statute requires , that the vicar shall be a secular person , and made spiritual vicar , and have such an endowment as the ordinary should think fit , otherwise the appropriation to be void . the scandal of the appropriations was made so great by the greediness of the monks , and easiness of the bishops , that i find in the parliament rolls h. . . a petition of the commons , that no appropriations should be made for the future ; but afterwards they came to that temper which is expressed in the statute h. . and that before those statutes , there was no necessity of the endowment of a vicarage , is plain from the occasion of making them ; and so it hath been agreed in the courts of law in the case of britton and ward . but the main difficulty is , to state the tithes which belonged to the vicarage and to the appropriation ; because there was no certain limitation either as to quantity or kind , although generally the great tithes of corn and hay went with the parsonage , and the small tithes and obventions , and altarage with the vicarage . the best rules i can find to be satisfied in this matter , are the endowment , or prescription . and where the endowment is found , yet there may be a prescription for tithes not mentioned ; because the bishop had a power reserved to increase the allowance : as in the case of the vicar of gillingham , who sued for customary tithes not mentioned in the endowment ; and he recovered them on this presumption , that the vicarage might be augmented with those tithes ; and in case of long possession , it is there said to have been often so held and ruled . sometimes there is a difficulty in the sense of the words of the endowment , as in the case of barksdale and smith , whether decima garbarum in w. implied tithe-hay ; but it was resolved , that although garba seems to relate to corn , de omni annonâ decima garba deo reddenda est . l. edw. confess . c. . at least , to something bound up ; and so lyndwood applies it to faggots ; yet the custom was thought sufficient to extend it to tithe-hay ; and for tithe-wood in renoulds and green's case . but the greatest difficulty hath been about small tithes , which is the common endowment of vicarages . in the case of ward and britton , one point was , whether lambs were small tithes or not . noy pleaded custom for it . the councel on the other side said , that small tithes were such as grew in gardens ; but lambs were a sort of praedial tithes ; however , it was yielded , that custom might bring them under small tithes . another point about small tithes , was about saffron growing in a corn-field , in the case of bedingfield and freak , and it was resolved to be small tithes . but the ground of that resolution was questioned in the case of udal and tyndal ; some said it was , because saffron was small tithes where-ever it grew : others , that by the endowment , the parson had only reserved the tithe of corn and hay . but suppose whole fields be planted with woad , which grows in the nature of an herb , is this to be reckoned among small tithes ? crook seems to deliver the sense of the court so , in the former case ; but hutton reports it , that it might come to be majores decimae and praedial , if it came to be the main profits of the place . and the like may hold as to hemp , hops , wooll and lambs . it 's there said , that all these new things , as saffron , hemp , woad , tobacco , &c. are to be reckoned among small tithes , unless there be some material circumstance to the contrary . but who is to be judge of that ? and what proportion changes small tithes into greater ? but what if the endowment be so expressed , that only tithes of corn and hay be reserved to the parson ? then rolls thinks all the rest falls to the vicar by construction of law. by the word altarage , it was resolved in the exchequer , upon a solemn hearing , eliz. and after confirmed in the case of wood and greenwood , not meer oblations are to be understood , but whatever custom hath comprehended under it . and i find in the settlement of the altarage of cockerington by rob. grosthead , bishop of lincoln , not only oblations and obventions , but the tithes of wooll and lamb were comprehended under it . ii. the next discharge of tithes , is by the privileges of particular orders allowed by our law. for it is , to be observed , that no bulls of popes make a legal discharge ; but in such cases where the law allows them , and my lord coke thinks it cannot be insisted upon without danger of a praemunire . for when the cistertians had procured new bulls to inlarge their privileges , as to their lands in the hands of farmers , a law was passed against it , h. . c. . which was grounded on a petition in parliament shewing the novelty and mischief of it . it was affirmed by our great lawyers , that the pope's act in dissolving the body of the templars , which was done , e. . had no effect here till the e. . when the parliament gave their lands to the hospitallers . and that the pope could not by his bull dissolve a vicarage after they were made perpetual by the statute ; so that our own law is to govern in this matter . but what orders had exemption from tithes by our law ? at first most of the orders of monks had it for lands in their own hands . this by hadrian iv. was restrained to the cistertians , templars and hospitallers , which is owned in the canon law by a decretal of alexander iii. who declares it not to be intended for lands let out to farm . innocent iii. restrains it to such lands as they were then in possession of ; but my lord coke makes the grant to be from innocent iii. in the council of lateran , john ; but he adds , that it extends only to the lands which they had before ; which was all that was done then . but he saith , that this privilege was allowed by the general consent of the realm ; however that were , it is certain that the lateran council made no restriction to the three orders . but what shall we say to the praemonstratenses , of whom he saith , that they were discharged by a bull of innocent iii. this point was disputed in the case of dickenson and greenhow . it was not denied , that they had obtained such a bull , but it was denied that it was ever received here . on the other side , it was said , that their bulls were confirmed ; which doth not appear , nor that any judgment was given in the case . there is a bull extant in the collection of innocent's epistles , to exempt the praemonstratenses from the tithes of lands in their own hands ; but this was granted in the first year of innocent iii. sometime before the lateran council , and they might enjoy the same privileges with the cistertians , if it could be proved , that they were as generally received , which hath not yet been done . as to the cistertians themselves , there are considerable limitations of their privileges . . they must relate to lands in their possession before the lateran council , a. d. . of king iohn . and in matters against common right , the proof in reason ought to be on those who pretend to particular privilege . but it 's certain the cistertian order hath had many lands in england since that time ( and it were no hard matter to find them out . ) but , suppose they were actually discharged at the dissolution , and the proprietaries were to enjoy them in the state they found them , is not this a sufficient discharge ? yes , if it be a legal discharge ; for the statute only puts them into the same legal capacity they were in before ; but if they were lands given since the lateran council , they were not in a capacity to be discharged by law ; for it was not otherwise received . . this privilege doth not exclude ancient compositions , as to their demesn lands . for these privileges did not go down so easily , but where there were rectors able to contest it , they brought even the cistertians to compositions . and the pope himself appointed commissioners here to compound the matter : as between the monastery of pipewel and hugh patesbul rector of eltyndon , which ended in a composition of six marks per annum for the tithes of their demesns . and another between the vicar of dunchurch and the same monastery ; and between the rector of wynswick for the tithes of ten yard-lands in colds-abbey . all which i have perused in the register of that monastery ms. . the privilege doth not hold where the monasteries were under value , and came to the king by the statute h. . unless they were continued , and came within the statute of dissolution , h. . and it ought to be proved that they continued separate ; for if their lands were given to the greater monasteries , they did not retain the privilege upon dissolution . but there is a much harder point concerning the hospitallers ( who had the lands of the templers after e. . ) their lands were not given to the king by the statute of dissolution , h. . but h. . c. . and the clause of exemption was left out of the grant. upon which a great question hath risen , whether their lands are exempt or not ? and judgment was given against them in the case of cornwallis , or quarles and spurling . but in the case of whiston and weston , it was argued , that the king had the same privileges which the hospitallers had . but it was replied , that other lands given to the king after that act , had not those privileges , as chanteries , &c. it was said , that it was , because they were not regular ecclesiastical bodies : which was a strange answer , considering what sort of ecclesiastical bodies the hospitallers made , when only the grand master and two chaplains are bound to be ecclesiasticks ; and in foreign judicatures they were denied to be any part of the clergy , being only an order of knights under some particular regulations . but suppose them capable of appropriations of tithes , yet when the body is dissolved , the appropriation falls of it self , unless continued by act of parliament , as those of the templars were to them ; and those of the monasteries by h. . but where there is no clause to continue the appropriation , it must be understood to be left to the natural course of things , and so the appropriation sinks . iii. the third legal exemption is from prescription , and ancient compositions . this seems a difficult case , because something less than the real value is to be taken , and the rule in lyndwood is , non valet consuetudo , ut minus quam decima solvatur ; but in all such prescriptions and compositions there is less than the true value . to clear this matter , i shall shew , . that by our ecclesiastical law , all compositions are not condemned . . that by the common law all prescriptions are not allowed . and if these things be made out , it will follow , that where the compositions and prescriptions are legal , the clergy may with good conscience submit to them , as they do in other matters of law. . as to the ecclesiastical law , lyndwood himself makes these limitations ; . in case of personal tithes . he grants that as to them , a man may with a good conscience observe the custom although it be under the real value . now these are founded on the same laws that praedial and mixt tithes are ; and by the stat. e. . c. . they are reduced to a customary payment before easter , as it had been used forty years before : but besides these there were offerings to be compounded for , and the easter duties are a kind of composition for personal tithes . . in small tithes , the customary payment is allowed . the payment in lyndwood's time , was ob . for six lambs , because it was the tenth of the value at that time of a lamb of a year old ; the seventh lamb was to be paid in kind , for which ob . were to be paid back , because three lambs were wanting of the number ten. but can any one believe that d. was the true value then of a lamb of a year old ? and lyndwood doth not suppose it be the exact value ; but it was such as the provincial constitution determined , and he allows compositions super minutis decimis . . compositions were allowed with the bishop's consent with lay-persons for their tithes . as to what is past , there was no doubt ; but for the future he saith , it doth not hold sine iudicis auctoritate ; which implies , that by his consent it may . and if so , then a modus decimandi so qualified , is allowed by the ecclesiastical law. such compositions as these were entred into the bishop's registries , and if they were then made upon a valuable consideration at that time , i doubt the force of custom will get the better of the reason that may be taken from the great difference of valuation of things . . let us now consider what prescriptions and compositions are not allowable at common law. . no prescription de non decimando , is allowed among lay-persons , because none but spiritual persons are by the law capable of tithes in their own right . a lay-man , saith mr. selden , cannot be discharged of all payment by meer prescription , unless he begin the prescription in a spiritual person . and to the same purpose our great lawyers speak . but in the famous case of pigot and hern , a distinction was found out , which may prove of dangerous consequence , viz. that although the lord of a manor cannot prescribe for tithes , because he is not capable of them by our law , yet he may prescribe for a tenth shock , as a profit apprendre , as a thing appurtenant to his manor ; and so he may have decimam garbam , but not decimas garbarum . upon which resolution it is said in the bishop of winchester's case , that the lord of a manor may have tithes as appurtenant to his manor : for which there is no foundation in our ancient laws or customs , that i can find , and is inconsistent with what is before acknowledged , that none but spiritual persons are capable of tithes . but in plain truth , this case is not truly represented ; and my lord chief justice hobart , a person of great judgment and learning in the law , hath told the world , that this famous reporter hath sometimes given his own opinion , and that sudden , instead of the resolution of the court , which must take much off from the authority of his reports ; especially when the case is differently reported by others ; as it falls out in this case . for serjeant moor , who was of councel in that case , saith , that the defendant pleaded a modus decimandi in satisfaction for tithes , which was s. per annum : but as to the other point , whether such an ancient modus being made with the lord of a manor , binds the copy-holders , it is out of our way ; but surely there ought to be good proof , that the modus was made before the copy-holds holds were granted , which is not offered , but only that it might be so ; which deserves no other answer , but that it might not be so . and it is hard indeed , when judgments are given upon possibilities . and for the distinction of decima garba and decimae garbarum , in a composition for tithes , is the same thing . mr. selden , as to this case of pigot and hern , saith , it was an inheritance of tithes from immemorial time , by virtue of an ancient composition . and he would not understand the judges in any other sense : for no kind of infeodation of tithes is allowable here , he saith , so as to create in lay-men a perpetual right to them ( except only by the statute of dissolution of monasteries ) unless it be derived from some ancient grant of discharge from the parson , patron and ordinary , with a consideration of recompence to the parson ; and that either from time immemorial , or ancient composition . and to the same purpose he speaks in another place , where he owns , that by our law every parson had a common right to the tithes of all annual increase ( praedial or mixt ) within the limits of his parish ; and any title or discharge must be specially pleaded . . where a prescription is pleaded de modo decimandi , the actual recompence by composition must be shewed . for , as my lord coke saith , a modus decimandi is intended as a yearly sum in way of satisfaction for the tithes to the parson ; which rolls calls the actual recompence . in the register the account of the modus decimandi is thus set down : . there was a real composition , as four acres of land for some small tithes . . there was an agreement in writing , by the consent of ordinary and patron . but my lord coke saith , the modus may as well be for a sum of money as for land. suppose no ancient composition in writing can be produced , how far doth a prescription hold ? . it must be immemorial , or time out of mind . here a great point arises fit to be considered : suppose the thing it self hath been within memory , as improvements by hops , fruit-trees , &c. doth not a composition bind in this case ? i answer , that we are to distinguish personal contracts from real compositions . in the case of hitchcock and hitchcock , there was a contract between the vicar and parishioners , but it was denied to be a real composition , although confirmed by the ordinary , and affirmed not to be binding to the successors . a composition by a meer verbal agreement in the case of hawles and bayfield was declared to be neither binding to the party nor his successors . but in the case of tanner and small it was declared to hold for years , but not for life . my lord coke seems to be of opinion , that if it be a prescription , it must be time out of memory of man ; but that a real composition may be either before , or within memory of man ; but then it must be by parson , patron , and ordinary . it is well observed by sir simon degge in his useful book about these matters , that although real compositions are supposed in law to be the foundation of prescriptions de modo decimandi , where the patron , ordinary and parson did consent to them ; yet that the most of them have grown up by the negligence and carelesness of the clergy themselves , which , i am afraid , is too true . and he is of opinion , that no real composition can be made now to bind the successor , since the statute , eliz. c. . which restrains all binding grants to one and twenty years , or three lives ; and if so , then the consent of patron and ordinary cannot make it good . . it must be reasonable , and therefore it hath been rejected in these cases : . if it be a prescription to pay a certain tithe without the parson's view of the nine parts , because , saith hobart , it is against the law of partition , in the case of wilson and the bishop of carlisle . . if there be no recompence to the parson , as in the case of scory and barber , the prescription was founded on the parishioners finding straw for the body of the church . . if it be for paying only what was due in lieu of other tithes ; as in the case of ingoldsby and iohnson , that they paid their other tithes in lieu of tithes of dry cattel ; or in case a load of hay be prescribed for in lieu of tithe-hay , or ten sheafs of corn for the tithe of all the rest . . if it be not for something certain and durable . for this , saith hobart , shews an original weakness in the composition ; being of a thing certain and durable for that which is not so . iv. the last exemption or discharge that is pleaded as to the payment of tithes , is unity of possession : that is , where a monastery had the right of tithes by appropriation , and had other lands which did not pay tithes , because the owners were to receive them , these were actually free at the time of dissolution ; and the question is , whether they are legally so by virtue of the statute ? it cannot be denied , that unity of possession is in it self no legal discharge ; but whether by the words of the statute the judges were divided in opinion . but afterwards in the case of green and bosekin the judges allowed it , so it were not a meer unity of estate , but of occupation . hobart saith , that after it had been long controverted , it was received as the common opinion . coke , that where unity of possession gives a discharge , the title must be clear , the non-payment general , and the prescription time out of memory ; but if the appropriation were made in the time of ed. . h. . it could not be discharged by unity ; nor if it were a late abby-prescription . thus i have endeavoured to lay this matter before you as briefly and clearly as i could , from the best light i could get , that i might give you such directions , that you may neither run into needless and vexatious suits , nor be run down by frivolous pretences . it is your great advantage that you have the law of your side , if you understand it a right ; but have a care of being set on by such , whose interest it is to promote suits ; and i am sure it is yours to prevent them , if it be possible , and as much as lies in you . the church's right is not to suffer by your negligence ; and you are not to make the church to suffer by your contentions . he that loves going to law , seldom fails of having enough of it ; he suffers in his purse , in his reputation , in his interest , and the church suffers by his means . endeavour to gain , as much as may be , the love of your people by a kind , modest , courteous and peaceable behaviour , which is the best way to prevent , or to compose differences . if you are forced to sue for your maintenance , let them see that you are forced to it , and that you are always willing to put an end to all such disputes , if the church's right be secured , which you are bound to preserve . of the obligation to observe the ecclesiastical canons and constitutions , at a visitation october th . . in speaking clearly and distinctly to this case , there are these two things to be considered ; i. by what authority they do oblige , ii. in what way and manner they oblige . i. the first thing to be considered , is the authority by which ecclesiastical canons and constitutions do oblige . for , if there be not sufficient authority , there cannot be that obligation on conscience , which supposes a legal exercise of power , or a just right to command . our obedience to the orders of our superiours , is due by virtue of that divine law which requires us to be subject for conscience-sake : but our obedience is to be regulated by the order of iustice , i.e. it ought to be according to law. therefore it is necessary , in the first place , to enquire , whether there be among us any such things as ecclesiastical laws , i.e. such rules , which according to the constitution of our government , we are bound to observe . for we are members of a church established by law ; and there are legal duties incumbent on us , with respect , not only to the laws of god , but of the realm . for , although our office and authority , as church-men , hath a higher original ; yet the limitation of the exercise of it , is within such bounds as are allowed and fixed by the law of the land. it is therefore a matter of great consequence to us to understand how far our ecclesiastical constitutions are grounded upon the law of the land , which cannot be done without searching into the foundations of our laws . which lie in three things : . immemorial custom . . general practice and allowance . . authority of parliament . and i shall endeavour to shew how far our ecclesiastical constitutions are founded on these . . immemorial custom . our greatest lawyers allow ancient custom to be one of the foundations of our laws ; and my lord coke calls it one of the main triangles of the laws of england . i suppose he means foundations . and another saith , that the common law of england is nothing else but the common custom of the realm . my lord chief justice hales saith , that the common usage , custom and practice of the kingdom , is one of the main constituents of our law. coke quotes bracton ' s authority to prove , that custom obtains among us the force of a law , where it is received and approved by long use. and of every custom , he saith , there be two essential parts , time and usage ; time out of mind , and continual and peaceable usage without interruption . but in case of prescription or custom , he saith , that an interruption of ten or twenty years hinders not the title , but an interruption in the right ; the other is only an actual suspension for a time . it may be asked , how time and usage come to make laws , since time hath no operation in law , saith grotius ? not of it self , as grotius there saith , but with the concurrence of other circumstances it may . bracton saith , longa possessio parit jus possidendi ; and by a long and peaceable possession dominion is transferred , without either title or delivery ; which he founds on this good reason , that all claims of right ought to have a certain limitation of time , and length of time takes away any proof to the contrary . littleton saith , that time out of memory of man , is said to give right , because no proof can be brought beyond it . and this he calls prescription at common law , as it is distinguished from prescription by the several statutes of limitations . but whence is it then , that an immemorial possession gives right ? is it from the meer silence of the parties concerned to claim it ? no , silence gives no consent , where ignorance or fear may be the cause of it . and is it a punishment upon the neglect of the party concerned ? so bracton saith , time doth it per patientiam & negligentiam veri domini . but meer neglect doth not overthrow right , unless there be an antecedent law to make that neglect a forfeiture ? is it from a presumptive dereliction ? but that supposes not bare continuance of time , but some kind of voluntary act , which implies a sort of consent which doth not appear in this case . and it is a great mistake in those , who think there is no presumptive dereliction , where there is not a full consent ; for it may be , where there is the consent of a mixt will , i.e. partly voluntary , and partly involuntary ; when the circumstances are such , as the person rather chuses to leave his right , than submit to the lawful conditions of enjoying it : as if a man would rather quit his fee than perform the service which belongs to it . is it from the common interest of mankind , that some bounds be fixed to all claims of right ? because otherwise that men will be liable to perpetual disturbance , if the right be permitted to be claimed beyond any possibility of proof . or is it , lastly , that in such nations where immemorial custom obtains the force of a law , it seems agreeable to the foundations of law , that a long continued possession should carry right along with it . and this was the case here in england , as not only appears by what bracton hath said , but glanvil makes a great part of our law to consist of reasonable customs of long continuance . and st. germain affirms ancient general customs to be one of the principal foundations of our law ; and that they have the force of laws , and that the king is bound by his oath to perform them . and it is worth our while to observe what general customs he doth instance in ; as the courts of equity and law , the hundred court , the sheriffs turn , the court baron , &c. which depend not upon acts of parliament , but the ancient custom of england , which he calls the common law. and among these ancient customs , he reckons up rights of descent , escheats , the different sorts of tenures , freeholds , and the laws of property , as they are received among us . we are now to enquire , how far any of our ecclesiastical constitutions can be said to be built upon this foundation ; and upon immemorial custom generally received . . i place ( . ) the distribution of this national church into two provinces , in each whereof there is an archbishop with metropolitical power , which lies chiefly in these things , ( . ) the right of consecration of his suffragans . ( . ) the right of visitation of every diocess in such way and manner as custom hath settled it . ( . ) the right of receiving appeals from inferiour courts of judicature in ecclesiastical matters . ( . ) the right of presiding in provincial councils of the suffragans of his province ; which by the most ancient constitutions of this church , were to be held once a year ; so it was decreed in the council under theodore , a. d. . but by the difficulties of the times , they were discontinued ; and so the authority of examining things through the province , came by a kind of devolution to the archbishop and his courts . ( . ) the custody of vacant sees , by the custom of england , falls to the metropolitan , if there hath been no custom or composition to the contrary . and so it hath been upon solemn ▪ debates resolved in our courts of common law. coke thinks that of common right it belongs to the dean and chapter , but by custom to the archbishop . but panormitan saith , there was no pretence of common right for them , till the time of boniface viii . . the ordinary jurisdiction of every bishop over the clergy of his own diocess . this is as ancient as christianity among us . for no sooner were churches planted , but there were bishops set over them ; who had from the beginning so much authority , that none of the clergy could either receive or quit his benefice without their consent and approbation ; and they were all bound to give an account of their behaviour at their visitations ; and in case of contempt , or other misdemeamours , they were to proceed against them according to the canons of the church . i do not say the diocesses were at first all modelled alike , or with the same bounds which they now have ; which was unreasonable to suppose , considering the gradual conversion of the nation . for at first there was but one bishop in every one of the saxon kingdoms , except kent , where was but one suffragan to the metropolitan for some time , till the kingdoms came to be united ; or the kings consented to an increase of several diocesses , and uniting them under one metropolitan , which was a work of time. but in all the saxon councils we find no mention of any ecclesiastical jurisdiction , but what was in the bishops themselves , concil . cloveshoo , can. , , . concil . cealchyth . can. . egbert canon . c. , . the first who began to seek for exemptions , were the abbots , who were under the bishop's jurisdiction , who was too near them ; and therefore they endeavoured to get under the pope's immediate jurisdiction by charters of exemption , which the great abbies either procured or made ; and the more ancient the more suspicious . but the lord chancellor and three chief judges declared , that by the common law of england , every bishop in his diocess , and the archbishops in convocation may make canons to bind within the limits of their jurisdiction . . the subordinate jurisdiction which was lodged in the bodies of the clergy resident in cathedral churches , and of archdeacons in the several diocesses : i cannot find either of these to have had any jurisdiction here before the conquest , neither were there any courts of justice out of the several counties before ; for all causes were transacted in the county-courts and sheriffs turns , and appeals lay from them to the supreme judicature of the king and the lords . but this doth not hinder but these courts may be founded on the law of england . and so the original jurisdiction , which of right belonged to the bishop , might by degrees , and a gradual consent , come to be committed , as to some parts , to the bodies of cathedral churches , and to the archdeacons , who are , saith my lord coke , sixty in england . we are told in a late case of woodward and fox , that there are archdeaconries in england by prescription , which have no dependency on the bishop , but are totally exempt . and for this godolphin is cited , who refers to the gloss on the legatine constitutions , f. . where we read of some archdeacons having a customary and limited iurisdiction separate from the bishop , for which a prescription lies . but this is only for some special iurisdiction ; as the archdeacon of richmond for institutions , which came first by grant from the bishops ; but that not being to be produced , they insist upon custom and prescription , as the deans and chapters do , where the ancient compositions are lost . but none who understand the ancient constitution of this church , can suppose either of them to have been original , since the right to the jurisdiction of the diocess was in the bishop , before there were here either archdeacons or chapters with jurisdiction . in the case of chiverton and trudgeon , it was declared , that an archdeacon might have a peculiar jurisdiction , as to administration , &c. as the dean of st. paul's had at s. pancras ; and so the archdeacon of cornwall , as to wills. in the case of gastril and iones the chief justice declared , that the archdeacon is the bishop's officer , and his authority subordinate to the bishops , and granted by them ; but if special custom be pleaded , that must be well proved ; to which dodderidge agreed . but we must distinguish between archdeaconries by prescription , for which i can find no foundation ( being all derived by grant from the bishop ) and archdeacons having some kind of iurisdiction by prescription , which others have not ; which cannot be denied . all the power which the archdeacons have by virtue of their office , is per modum scrutationis simplicis , as lyndwood speaks , tanquam vicarius episcopi : whatever power they have beyond this , is not iure communi , but iure speciali , and depends either upon grant or custom ; which the gloss on the legatine constitutions calls a limited iurisdiction . the archdeacon's court is declared by the judges in woodward ' s case , to have been , time out of mind , settled as a distinct court , from which there lies an appeal to the bishop's court , by the statute , h. . c. . and so the archdeacon's jurisdiction is founded on an immemorial custom , in subordination to the bishops . as to deans and chapters , i observe these things : . that although ecclesiastical bodies in cathedrals were very ancient , yet we read not of any jurisdiction peculiar to themselves , during the saxon times . my lord. coke saith , there were chapters , as the bishop's council , before they had distinct possessions . and by their books , he saith , it appears , that the bishops parted with some of their possessions to them , and so they became patrons of the prebends of the church : such were london , york and litchfield . . that several of our chapters were founded and endowed by the bishops since the conquest : such was that of salusbury by osmund out of his own estate , as appears by his charter , and the confirmation of h. . so was that of lincoln by remigius , who removed the see from dorchester thither , and placed there a dean , treasurer , praecentor , and seven archdeacons , as henry of huntingdon saith , who lived near the time . and in following times those of exeter and wells were settled as dean and chapter ; for they were ecclesiastical bodies before , but not under that denomination . . that some had the legal rights of dean and chapters , as to election of bishops , and confirmation of leases , &c. but were a monastick body consisting of prior and convent : such were canterbury , winchester , worcester , after the expulsion of the secular canons ; for the monks not only enjoyed their lands , but were willing enough to continue the name of dean among them as at canterbury , after dunstan's time , agelmothas is called dean ; in worcester wolstan is called dean when he was prior ; and winsius , upon the first change , is said to be placed loco decani , by florence of worcester . at norwich , herbert the bishop founded the prior and convent out of his own possessions in the time of william ii. and they became the chapter of the bishop by their foundation . now as to these , it is resolved in the dean and chapter of norwich's case , that when the king transferred them from a prior and convent , the legal rights remained the same . and in hayward and fulcher's case , the judges declared , that an ecclesiastical body may surrender their lands , but they cannot dissolve their corporation , but they still remain a chapter to the bishop . and it was not only then delivered , but since insisted upon in a famous case , that it was the resolution of the iudges , that a surrender cannot be made by a dean and chapter , without consent of the bishop , because he hath an interest in them . . that h. . endowed some as chapters to new erected bishopricks , as chester , bristol , oxford , &c. h. , . h. . . and united others , as bath and wells , and coventry and litchfield , h. . . h. . . . that where the custom hath so obtained , there may be a legal-chapter without a dean ; as in the diocesses of s. david's and landaff , where there is no other head of the chapter but the bishop ; but they must act as a distinct body in elections and confirmations of grants by the bishops . . that by the ancient custom of england , there are sole ecclesiastical corporations as well as aggregate . a sole ecclesiastical corporation , is , where a single person represents a whole succession , and under that capacity is impowered to receive and to convey an estate to his successors : as bishops , deans , archdeacons , parsons , &c. but parsons and vicars are seized only in right of the church , but as to a bishop , he may have a writ of right , because the fee-simple abideth in him and his chapter ; and so may a dean and master of an hospital : and these are called bodies politick by littleton . that the exercise of the bishop's power may be restrained by ancient compositions , as is seen in the two ancient ecclesiastical bodies of st. paul's and litchfield . concerning which , it is to be observed , that where the compositions are extant , both parties are equally bound to observe their parts . thus by the remisness and absence of the bishops of litchfield from their see , by going to chester , and then to coventry , the deans had great power lodged in them , as to ecclesiastical jurisdiction there . after long contests , the matter came to a composition , a. d. . by which the bishops were to visit them but once in seven years , and the chapter had jurisdiction over their own peculiars . so in the church of sarum the dean hath very large jurisdiction , even out of the bishop's diocess ; which makes it probable to have been very ancient ; but upon contest , it was settled by composition between the bishop , dean , and chapter , a. d. . but where there are no compositions , it depends upon custom , which limits the exercise , although it cannot deprive the bishop of his diocesan-right . . the delegate jurisdiction which was committed to the several officers of the bishops courts , and the manner of their proceedings , is founded upon immemorial custom . in the saxon times i find no delegation of ecclesiastical jurisdiction ; for the bishops sate in person in the county-courts , and there heard ecclesiastical causes , as appears by the charter of h. . when he pretended to restore the saxon laws , c. . but william i. had settled the consistory-court by as good a law as any was made at that time , distinct from the county-court , and required all ecclesiastical causes to be there heard ; and his son h. . did but make a shew of restoring the saxon laws , and the former law came to be generally received ; and so mr. selden yields , that it grew to be a general law ; which shews that it obtained the force of a law by consent , as well as by authority . the consistory-courts being thus settled , and numbers of causes there depending , and the bishops being then by h. . in the constitutions of clarendon strictly tied to attendance upon the supreme courts of judicature , with other barons , there came a necessity of taking in other persons with a delegated power to hear causes , and to do such other acts of jurisdiction as the bishops should appoint . for it was still allowed that iure communi , the jurisdiction was in the bishop ; but iure speciali , & in auxilium episcopi , it might be delegated to others . and so it hath been here received , and not only here , but it hath been the general practice of christendom . as to the manner of proceeding in the ecclesiastical courts , it is the same in all parts , and built on the same grounds with those of our courts of equity and admiralty , which are as different from those of the common law. . the settling parochial rights , or the bounds of parishes depends upon an ancient and immemorial custom . for they were not limited by any act of parliament , nor set forth by special commissioners ; but as the circumstances of times , and places , and persons did happen to make them greater or lesser . in some places parishes seem to interfere , when some place in the middle of another parish belongs to one that is distant ; but that hath generally happened by an unity of possession , when the lord of a manor was at the charge to erect a new church , and make a distinct parish of his own demesns , some of which lay in the compass of another parish . but now care is taken by annual perambulations to preserve those bounds of parishes , which have been long settled by custom . but the bounds of parishes is not allowed to belong to the ecclesiastical jurisdiction . ii. the next foundation of law is a general practice , and allowance i.e. when things of themselves do not oblige by the authority of those that made them ; yet being generally received and allowed , they thereby become law to us . this we have in an act of parliament , h. . c. . wherein it is said , that the people of england are only bound to such laws as are properly their own , being in subjection to no foreign legislative power . but were not many things here received for laws , which were enacted by a foreign authority , as the papal and legatine constitutions ? true , say they , but it is not by virtue of their authority , but by the free consent of the people in the use and allowance of them : and so they are not observed as the laws of any foreign prince , potentate , or prelate , but as the customed and ancient laws of this realm , originally established as laws of the same , by the said sufferance , consent and custom , and no otherwise . so that here we have a full and express declaration by parliament ; that such canons as have been received and allowed by ancient custom , make a part of our laws , and continue to oblige , provided that they be not repugnant to the king's prerogative , nor to the laws , statutes , and customs of the realm , as it is expressed in another act of the same parliament , h. . c. . the ecclesiastical laws , saith my lord coke , are such as are not against the laws of the realm , viz. the common law , and the statutes and customs of the realm : and according to such laws the ordinary and other ecclesiastical iudges do proceed in causes within their conusance . so that by the acknowledgement of this great oracle of the common law , there are laws ecclesiastical in force among us , and causes to be judged by those laws , and officers appointed by the law to proceed according to them . the ecclesiastical laws and ordinances are owned by the statute , h. . c. . h. . c. . h. . c. . after the commission appointed for the review of them . e. . c. . the ecclesiastical courts are appointed to be kept by the king's authority , and process to be issued out in his name in all suits and causes of instance between party and party , where the causes are particularly mentioned , which belong to those courts , and no alteration is made in them , as to their powers , but only that the process should be in the king's name . but some persons in our age , who love to be always starting difficulties to humour such as bear ill . will to our constitution , have 〈…〉 although this act was 〈…〉 m. . yet that repeal 〈…〉 ●ac . . n. . therefore 〈…〉 stat. e. . is 〈◊〉 but the plain and short answer is this , that there was no need of any debate about the repeal of the statute of e. . after the first of q. eliz. because then the statute , h. . c. . was expresly revived , wherein the bishops were impowered to act as before they might have done , according to the laws and customs of the realm . by which no less men of the law than coke , popham , and other judges did think the stile of the court , and manner of their proceedings was comprehended . and the ancient episcopal iurisdiction is declared to be according to law , by the stat. el. c. . and all foreign iurisdiction is abolished , and the ecclesiastical iurisdiction annexed to the crown of this realm ; which is owned by every bishop when he takes the oath of supremacy . how then can it be imagined , that he should do any more to the prejudice of the crown , by the process being in the bishop's name , than the lord of a manor doth , when he keeps his courts in his own name ? to suppose that it is owning a foreign iurisdiction , is ridiculous ; for the bishops of england never pretended to act as ordinaries , by virtue of a jurisdiction from the pope , but by virtue of their original authority which they had by the laws of the realm , as to their exterior jurisdictions . and the authority they then acted by from the pope , was in cases extraordinary , when they were delegated by particular commission . and if there had been any real derogation from the king's prerogative , in the process being in the bishop's name , can any man of sense imagine , that it would have been permitted in such jealous times as to supremacy , as the latter end of h. . and the whole reign of q. elizabeth were , wherein the bishops wanted not enemies , but their malice would have been too apparent , if they had insisted on such objections ? but to proceed in shewing that the ecclesiastical laws have been owned by acts of parliament since the reformation , e. . c. . n. . the ecclesiastical iudges are required to proceed according to the king 's ecclesiastical laws . and to the same purpose , el. c. . n. . accordingly my lord coke frequently owns the ecclesiastical laws and iurisdiction , so they be bounded by the laws of the realm ; of which there can be no question . for deciding of controversies , and for distribution of iustice , saith he , there be within this realm two distinct iurisdictions ; the one ecclesiastical , limited to certain spiritual and particular cases ; the other secular and general , for that it is guided by the common and general law of the realm . and to the same purpose my lord chief justice hales in several places in a ms. discourse of the history and analysis of the common law , ch . , and . but here the great difficulty lies in finding out what these canons and constitutions are , which have been so received and allowed by our laws . for it is certain , that several canons made by popes , were not received here , as in the statute of merton , about legitimation of children born before marriage , stat. mert. c. . where the lords declared they would not alter the old laws for a new canon . for alexander iii. in the time of hen. ii. had made a canon to that purpose ; but as glanvil saith , it was contra jus & consuetudinem regni . the canon to take away the benefit of the clergy from bigami , was debated in parliament how far it should be received , and the sense there declared , which was complained of , e. . and taken away , e. . c. . the canon against investiture of bishops by a lay-hand , was never here received ; for although h. . after a long contest gave it up , yet it was resumed by his successors . the canons for exemption of the clergy , were never fully received here . some lawyers say , it was never observed ; i suppose they mean , according to the canons , but that they had legal privileges here , although not a total exemption , cannot be denied by any one versed in our laws from the saxon times . the pope's canon for the clergy not being taxed without his consent , was never received , as appears by the contests about it in the time of e. . and their submission afterwards . the pope's canons about appeals , provisors , dispensations , &c. were never received by such a general consent as to make them laws ; they were sometimes practised by connivence , and the kings , when it served their purposes , let them alone ; but as often as there was occasion , they were contested and denied , and statutes made against the execution of them . some canons i find disputed , whether they were received by the law of england or not . as the canon against clergy mens sons succeeding their fathers in their benefices immediately , without a papal dispensation ; is not only a part of the canon law , but enter'd in our provincial constitutions . but in the case of stoke against sykes , it was held by dodderidge and iones , two learned judges , that this canon was not received here . and dodderidge instanced in two other canons not received ; as against a man's marrying a woman he had committed adultery with ; and a lay-man's not revoking his first presentation . and sir iohn davis mentioned reckoning the months for presentation by weeks , and not by the calendar . but both these are disputable points . for some say , as to the former , that none but the king can revoke a presentation . but the canonists think a private patron may vary with the bishop's consent . and as to the way of computing the months , it hath been differently resolved ; but in catesbie's case , it was determined to be calendar-months for many reasons . but in the ancient resolution in the time of e. ii. the tempus semestre was reckoned from notice to the patron , and not from the death of the incumbent . rolls saith , by our law it is from the time the patron might have notice , with regard to the distance of the place where the incumbent died : which leaves the matter uncertain . but the register reckons from the vacancy . in many other cases the foreign canons were not received , for they allow but four months to a lay-patron , but our law six months ; they deny any sale of a right of advowson , but our law allows it , and a separation of it from the inheritance , which the canon law allows not ; and so in other particulars , but these are sufficient to my purpose . it is observable , that after the council of lions , where the pope was present , peckham , archbishop of canterbury , called a provincial council , wherein he mentions the difference of our customs from all others , and a temperament to be made suitable to them . and our judges in the great case of evans and ayscough , declared , that no canons bind here , but such as are recieved by the realm . and dodderidge said , that our ecclesiastical law doth not consist of the pope's decretals , but is an extract out of the ancient canons , general and national . but the judges agreed , that when they are received , they become part of our law. lord chief justice vaughan saith , that if canon law be made a part of the law of the land , then it is as much the law of the land , and as well , and by the same authority , as any other part of the law of the land. in another place , that the ancient canon law received in this kingdom , is the law of the kingdom in such cases . in a third , that a lawful canon , is the law of the kingdom , as well as an act of parliament . iii. i now come to the third thing , viz. the power of making canons by act of parliament . this is founded on the statute h. . c. . the words are , that no canons , constitutions and ordinances , provincial or synodal , shall be made , promulged and executed without the king 's royal assent or licence . canons so made , and authorized by the king's letters patents , according to the form of the statute , are said by lord chief justice vaughan , to be canons warranted by act of parliament . and such he affirms the canons of a. d. . to be . but some have objected , that these are only negative words , and are not an introduction of a new law , but a declaration of what the law was before . but my lord coke with far greater judgment , limits that expression , that what was then passed , was declaratory of the common law , to that clause , that no canons should be in force , which were repugnant to the laws of the realm . but as to the making of new canons , he only saith , that their iurisdiction and power is much limited , because they must have licence to make them , and the king 's royal assent to allow them , before they be put in execution . but he never imagined the sense of the statute to be , that no canons could be made but in parliament , or that the king had not a power to confirm new canons made by the convocation . as to the law , as it stood before , we must distinguish these two things ; . convocations called by the king 's writ to the bishops , and the body of the clergy , could never assemble without it . but the writ for the convocation to sit with the parliament , ( not together in place , but at the same time ) is contained in the writ to the bishop , and begins with the clause , praemunientes . and it is most probable , that it began on the same ground that the attendance of burgesses did , viz. that when they were brought into the payment of subsidies , they ought to give their consent . for i find , that in the time of h. . a. r. . the inferiour clergy complained , that they were taxed without their consent . . convocations called by the king 's writ to the archbishops ; and in this province the archbishop sends his mandate to the bishop of london , who is to summon all the bishops , &c. to appear at a certain time and place , and to act as they receive authority from the king. the not distinguishing these two writs , hath caused so much confusion in some mens minds , about the rights of the convocation : for they imagine that the convocation , as it treats of ecclesiastical matters , sits by virtue of the first writ , which is in the bishops summons to parliament ; but that related to them as one of the three estates of the realm , whose consent was then required to their own subsidies , which were distinctly granted , but confirmed by the other estates . but the other writ was directed to the archbishop , by which the bishops and inferiour clergy were strictly required to appear , and then to understand the king's further pleasure , as appears by the most ancient . writs for a convocation . which shews , that the convocation , properly so called , is an occasional assembly for such purposes as the king shall direct them when they meet . and this was the true foundation upon which the statute , h. . was built . for it cannot be denied , that in fact there had been convocations for ecclesiastical purposes called without the kings writ , by virtue of the archbishop's legatine power , which was permitted to be exercised here , although it were an usurpation upon the king 's right . so even in the time of h. . although there were a convocation summoned by the king 's writ to the archbishop of canterbury , yet cardinal wolsley , by virtue of his legatine power , superiour to that of the archbishop , removed the convocation to another place , and presided in it : which was as great an affront to the king 's as well as the archbishop's authority , as could well be imagined . but this was then patiently born : wherefore the statute is to be understood of legal , and not of legatine convocations . but when h. . was sufficiently provoked by the court of rome , he resolved to resume the ancient and legal rights of the crown , how soever disused by modern usurpations . and among these he claimed this of summoning the convocation , and directing the proceedings therein . the difference of these writs will best appear by the instance of the convocation , a. d. . in the year , . about the first of february the parliament writ was issued out to the bishops for calling their clergy to parliament ; and this is only ad consentiendum iis quae tunc ibidem de communi concilio regni nostri contigerint ordinari . the other writ for the convocation to the archbishops was issued out the twentieth of february , and had this clause , ad tractandum , consentiendum , & concludendum super praemissis & aliis quae sibi clarius exponentur ex parte meâ . the parliament at that time being dissolved , it 's certain the convocation sitting by virtue of the writ to the bishops must fall with it : but a great question arose , whether the convocation sitting by the writ to the archbishops , was dissolved , or not ? and the greatest judges and lawyers of that time were of opinion it was not . but those were not times to venture upon such points , when people were disposed to find fault , as they did , to purpose when the next parliament met ; who made use of the sitting of this convocation and the canons then pass'd , as one of the popular themes to declaim upon against the bishops , and to inflame the nation against the whole order . the greatest objection in point of law , was , that the commission had a respect to the convocation sitting in parliament-time , which began april . and the commission bore date april . the parliament was dissolved may . and the th of may a new commission was granted , which made void that of the fifteenth of april ; and so what was done by virtue of that , must be done out of parliament , and so not in convocation , according to h. . . although these canons were confirmed by the king's authority the thirtieth of iune the same year . after the king's restoration , an act of parliament passed for restoring the bishops ordinary jurisdiction ; wherein a clause is added , that this act did not confirm those canons of . but left the ecclesiastical laws as they stood . which act being passed by the king's assent , it voids the former confirmation of them , and so leaves them without force . but the alteration of our law by the act , h. . c. . lay not in this , that the convocation by the king 's writ to the archbishop , could not sit but in parliament-time ( although that in all respects be the most proper time ) for there is not a word tending that way in the statute ; but provincial councils having been frequently held here , without any writ from the king , and therein treating of matters prejudicial to the crown , by virtue of a legatine power , there was great reason for the king to resume the ancient right of the crown . for so william i. declared it in eadmerus , that nothing should be done in provincial councils without his authority . but afterwards we find hubert , archbishop of canterbury , holding a provincial council against the king's prohibition ; and several writs were sent to them to prohibit their meddling in matters of state in prejudice to the crown , h. . under penalty of the bishops forfeiting their baronies ; and to the like purpose , e. . e. . e. . which seems to be a tacit permission of these provincial councils , provided they did nothing prejudicial to the crown . and from such councils came our provincial constitutions , which lyndwood hath digested according to the method of the canon-law , and hath therein shewed what part of the canon-law hath any force here ; not by virtue of any papal or legatine power , but by the general consent of the nation , by which they have been received among us . but my business is not now with canons so received , but with canons made according to the statute , h. . . for it is ridiculous to imagine those are only negative words , for then they exclude the king's power of calling a convocation , as well as confirming the acts of it . for to what purpose is the king 's writ to call them together , if being assembled they can do nothing ? but i have already mentioned my lord chief justice vaughan's opinion , that the canons made a. d. . are warranted by h. . c. . it was urged by the council in the case of grove and eliot , carol. . that no canons can alter the law , which are not confirmed by act of parliament . but it was said on the other side , that these canons had been always allowed , having been confirmed by the king. one of the judges said , that the king and convocation cannot make canons to bind the laity , but only the clergy . but vaughan said , that those canons are of force , although never confirmed by act of parliament , as no canons are ; and yet , saith he , they are the laws which bind and govern in ecclesiastick affairs . the convocation , with the licence and assent of the king , under the great seal , may make canons for regulation of the church , and that as well concerning laicks as ecclesiasticks ; and so is lyndwood . there can be no question in lyndwood's time , but ecclesiastical constitutions were thought to bind all that were concerned in them ; and the ecclesiastical laws which continue in force by custom and consent , bind all ; the only question then is about making new canons , and the power to make them , is by virtue of an act of parliament , to which the nation consented ; and so there need no representatives of the people in convocation . and no such thing can be inferred from moor , . for the judges declared the deprivation of the clergy for not conforming to the canons , to be legal ; but they say nothing of others . but in the case of bird and smith , f. . the chancellor and three chief judges declared , that the canons made in convocation by the king's authority , without parliament , do bind in ecclesiastical matters , as an act of parliament . and therefore i proceed to shew , ii. in what manner we are obliged to the observation of these canons ; concerning which i shall premise two things ; . that i meddle not with such canons as are altered by laws ; for all grant , that unless it be in moral duties , their force may be taken away by the laws of the land. . there are some canons , where the general disuse in matters of no great consequence to the good of the church , or the rights of other persons , may abate the force of the obligation ; especially when the disuse hath been connived at , and not brought into articles of visitation , as can. . about gowns with standing collars , and cloaks with sleeves . but the general reason continues in force , viz. that there should be a decent and comely habit for the clergy , whereby they should be known and distinguished by the people ; and for this , the ancient custom of the church is alledged . but here a very material question arises , how far custom is allowed to interpret and alter the force of canons made by a lawful authority : for where a custom prevails against a standing rule , it amounts to this , whether practice against law , is to have more force than the law. and how can there be a reasonable custom against a law built upon reasonable grounds ? but on the other side , if custom hath no power in this case , then all the ancient canons of the church do still bind in conscience , and so we must not kneel at our prayers on sundays , nor between easter and whitsontide , which were thought to be made upon good reason at first ; and so many other canons which have long grown into a disuse . so that if we do strictly oblige persons to observe all ecclesiastical canons made by lawful authority , we run men into endless scruples and perplexities ; and gerson himself grants , that many canons of general councils have lost their force by disuse , and that the observation of them now would be useless and impossible . but on the other side , if meer disuse were sufficient , what would become of any canons and constitutions , where persons are refractary and disobedient ? this is a case which deserves to be stated and cleared . and we are to distinguish three sorts of customs . . customs generally obtaining upon altering the reason of ancient canons . . customs allowed upon the general inconveniency of modern canons . . customs taken up without any rules or canons for them . . as to general customs against ancient canons where the reason is altered ; i see no ground for any to set up those canons , as still in force , among us : for this must create confusion and disorder , which those canons were designed to prevent ; and the laws of the land do certainly supersede ancient canons , wherein the necessary duties of religion are not immediately concerned . for we must have a care of setting up ancient canons against the authority of our laws , which cannot be consistent with our national obligation , nor with the oath of supremacy . . as to customs relating to modern canons , if it hath any force , as to altering the obligation . . it must be general ; not taken up by particular dissaffected persons to our constitution ; for the custom of such men only shews their wilful disobedience and contempt of authority ; and all casuists are agreed , that contempt of lawful authority , is a wilful sin : which supposes a wilful neglect upon knowledge and admonition of their duty . for contempt is , nolle subjici cui oportet subjici ; and a lesser fault commited with it , is a greater sin than a greater fault in it self committed without it , i.e. by meer carelesness and inadvertency . but where there is an open and customary neglect , there is a presumption of contempt , unless some great and evident reason be produced for it . i do not say the bare neglect doth imply contempt in it self , but where there is admonition and a continuance after it , there is a down-right and positive contempt . but where the disuse is general , not out of contempt , but upon other reasons ; and there is no admonition by superiours , but a tacit connivence ; there is a presumtion of a consent towards the laying aside the strict obligation of the canons relating to it . . it must be reasonable ▪ i.e. on such grounds as may abate the force of the obligation . for there is a difference between a custom obtaining the force of a law , and a custom abating the force of a canon : in the former case the custom must be grounded on more evident reason than is necessary for the latter . wherein the casuists allow a permission of superiours joyned with reasonable circumstances , to be sufficient . but how can acts of disobedience make a reasonable custom ? cajetan saith , they are to blame who began it , but not those who follow it , when the custom is general . and suarez saith , it is the common opinion . the canonists say , if a custom be against a rule , the reason must be plain ; if only besides the rule , and be not repugnant to the end and design , the reasonableness when it becomes general , is presumed . but if the superiours take notice of it , and condemn it , it loses the force of custom , unless a new reason or higher authority appear for it . . but what is to be said for customs taken up without rules or canons ; of what force are they in point of conscience ? . it is certain , that no late customs brought in by such as have no authority to oblige , can bind others to follow them . for this were to lay open a gap to the introducing foolish and superstitious customs into the church , which would make distinctions without cause , and make way for differences and animosities , which all wise and good men will avoid as much as may be . it is a rule among the casuists , that voluntary customs , although introduced with a good mind , can never oblige others to observe them . and suarez yields , that a bare frequent repetition of acts cannot bind others , although it hath been of long continuance . . if the customs be such as are derived from the primitive times , and continue in practice , there is no reason to oppose , but rather to comply with them ; or if they tend to promote a delight in god's service . as for instance : . worshipping towards the east , was a very ancient custom in the christian church . i grant that very insufficient reasons are given for it ; which origen would not have men to be too busie in inquiring into , but to be content that it was a generally received practice , even in his time ; and so doth clemens alexandrinus before him , who thinks it relates to christ , as the sun of righteousness . tertullian and s. basil own the custom , and give no reason . but of all customs that of contention and singularity , where there is no plain reason against them , doth the least become the church of god. . the use of organical musick in the publick service . if it tends to compose , and settle , and raise the spirits of men in the acts of worship , i see no reason can be brought against it . if it be said to be only a natural delight , that reason will hold against david , who appointed it by god's own commandment . they who call it levitical service , can never prove it to be any of the typical ceremonies , unless they can shew what was represented by it . i come now to the measure of the obligation of the canons in force . and therein a great regard is to be had to the intention of that authority which enjoyns them ; and that is to be gathered from three things ; . the matter . . the words and sense of the church . . the penalty . . as to the matter . if it be in it self weighty , and tends to promote that which is good and pious , and for the honour of god , and service of religion , it cannot be denied but these canons do oblige in conscience . bellarmin distinguishes between laws of the church , which , he saith , are very few , and pious admonitions and good orders , which are not intended to oblige men to sin , but only in case of contempt and scandal . and as to the feasts and fasts of the church , which belong to the laws , he saith , they have mitissimam obligationem ; so any one would think , who considers how many are exempted , and for what reasons . gerson saith , that no human constitutions bind as to moral sin , unless it be founded on the law of god ; as he confesses the church's authority is , as to circumstances ; and then he thinks it obliges in conscience . the substance of his opinion , which hath been much disputed and controverted by modern casuists , lies in these things : . that where ecclesiastical constitutions do inforce any part of the law of god , although it be not expresly contained therein , they do immediately bind the consciences of men. . that where they tend to the good of the church , and the preservation of decency and order , they do so far oblige , that the contempt of authority therein , is a sin against the law of god. . that where the injunctions of authority are for no other end , but to be obeyed , he doth not think that there is any strict obligation in point of conscience . and so far cajetan agrees with him . and although the other casuists seem to be very angry with him , yet when they require a publick good , and the order of the church to be the reason of ecclesiastical laws , they do , in effect , agree with him . now as to the matter of our canons which respect the clergy , there are two especially which bind them strictly ; . the canon about sobriety of conversation , can. . yes , some may say , as far as the law of god obliges , i.e. to temperance and sobriety ; but the canon forbids resorting to taverns , or alebouses , or playing at dice , cards , or tables ; doth this canon oblige in conscience in this manner ? if it were a new thing that were forbidden , there were some plea against the severity of it ; but frequenting publick houses is forbidden by the apostolical canons , which are of great antiquity , by the council of laodicea , and in trullo , and many others since . and by the apostolical canons any presbyter playing at dice , and continuing so to do after admonition , is to be deprived . the illiberitan council makes it excommunication to play at dice . not meerly for the images of the gentile gods upon them , as albaspinaeus thinks , but because the thing it self was not of good report , even among the gentiles themselves ; as appears by cicero , ovid , suetonius , &c. as giving too great occasion for indecent passions , and of the loss of time . hostiensis reckons up sixteen vices that accompany it , which a clergyman especially ought to avoid . and playing at dice was infamous by the civil law. iustinian forbids clergymen not only playing , but being present at it . it was forbidden in the old articles of visitation here , and in several diocesan synods , spelm. ii. , , , , . so that there can be no reason to complain of the severity of this canon , which so generally obtained in the christian church . ii. the canons which relate to ministers discharging the several duties of their function , in preaching , praying , administring sacraments , catechizing , visiting the sick , &c. which are intended to inforce an antecedent duty ; which we can never press you too much or too earnestly to ; considering that the honour of religion , and the salvation of your own and the peoples souls depend upon it . ( . ) the next way of judging the church's intention , is by the words and sense of the church . cajetan thinks the general sense is the best rule . navarr saith to the same purpose , although some words are stricter than others . suarez , that the main obligation depends on the matter , but the church's intention may be more expressed by special words of command . tolet relies most upon the sense of the church : but the sense of the church must be understood , whether it be approving , or recommending , or strictly commanding , according to the obligation of affirmative precepts , which makes a reasonable allowance for circumstances . and so our church in some cases expresly allows reasonable impediments . and in precepts of abstinence , we must distinguish the sense of the church , as to moral abstinence , i.e. subduing the flesh to the spirit ; and a ritual abstinence in a meer difference of meats , which our church lays no weight upon ; and a religious abstinence for a greater exercise of prayer and devotion , which our church doth particularly recommend at particular seasons , which i need not mention . ( . ) by the penalties annexed , which you may find by reading over the canons , which you ought to do frequently and seriously , in order to your own satisfaction about your duties , and the obligation to perform them . but some may think , that such penal canons oblige only to undergo the punishment . to which i answer , that the case is very different in an hypothetical law , as suarez calls it ; when laws are only conditional and disjunctive , either you must do so , or you must undergo such penalty , which is then looked on as a legal recompence ; and ecclesiastical constitutions , where obedience is chiefly intended , and the penalty is annexed only to inforce it , and to deterr others from disobedience . for no man can imagine that the church aims at any man's suspension or deprivation for it self , or by way of compensation for the breach of its constitutions . and now give me leave not only to put you in mind , but to press earnestly upon you the diligent performance of those duties , which by the laws of god and man , and by your own voluntary promises when you undertook the cure of souls , are incumbent upon you . it is too easie to observe , that those who have the law on their side , and the advantage of a national settlement , are more apt to be remiss and careless when they have the stream with them , than those who row against it , and therefore must take more pains to carry on their designs . as those who force a trade must use much more diligence , than those who go on in the common road of business . but what diligence others use in gaining parties , do you imploy in the saving their souls : which the people will never believe you are in earnest in , unless they observe you are very careful in saving your own by a conscientious discharge of your duties . they do not pretend to fineness of thoughts , and subtilty of reasoning , but they are shrewd judges whether men mean what they say , or not ; and they do not love to be imposed upon by such a sort of sophistry , as if they could think that they can have such a regard to their souls , who shew so little to their own . therefore let your unblameable and holy conversations , your charity and good works , your diligence and constancy in your duties , convince them that you are in earnest ; and they will hearken more to you , than if you used the finest speeches , and the most eloquent harangues in the pulpit to them . these , the people understand little , and value less ; but a serious , convincing , and affectionate way of preaching , is the most likely way to work upon them . if there be such a thing as another world , as no doubt there is , what can you imploy your time , and thoughts , and pains better about , than preparing the souls of your people for a happy eternity ? how mean are all other laborious trifles , and learned impertinencies , and busie inquiries , and restless thoughts , in comparison with this most valuable and happy imployment , if we discharge it well ? and happy is that man , who enjoys the satisfaction of doing his duty now , and much more happy will he be whom our lord , when he cometh , shall find so doing . notes, typically marginal, from the original text notes for div a -e pag. , &c. histoire des o●●●ages des scavans . août , . p. . notes for div a -e regino . l. . p. . hispan . concil . p. . regino collect. canon . lib. . p. . burchard . l. . c. , . gratian . q. . c. . hieron comment . ad titum . epist. ad 〈◊〉 advers . luciferian . hier. in psal. ad evagr. ad marcel . cyprian . ep. . aug. in ps. . . ambros. ad eph. . . cor. . . theod. ad tim. . . iren. l. . c. . iohn , . tim. . , , &c. . . . . . titus . . de voto & voti redempt . lyndw. f. . concil . anglic. vol. . f. . constit. othon . f. . concil . angl. vol. . f. . constit. provinc . de officio archi-presbyteri , f. . concil . anglic. vol. . p. . lyndw. v. latratuf . . v. pabulo v. dei. * prov. constit . de offic. arch-presbyt . f. . concil . anglic. vol. . p. . concil . anglic. vol. . p. , . concil . anglic. vol. p. . constit. de haeret . f. . lyndw. f. . c. dudum . clem. de sepulturis . io. de athon . in constitut. othobon . f. . c. dudum de sepulturis . non potest esse pastoris excusatio , si lupus oves comedit , & pastor nescit . extr. de reg. juris c. . reginald . praxis , l. . tr . . c. . p. . constit. provinc . de clericis non resid . c. quum hostis . ioh. athon . ad constit. othon . f. . reginald . ib. n. . can. relatum ex. de cleri●is non resid . lyndw. in c. ●uum hostis . residcant cum effectu . ioh. de athon . in constit. othon . f. . continui . can. extirpand . de praebend . & dign . de praesumpt . f. . . de cleri●● non resident . cum hostis , &c. lyndw. f. . ioh. de athon . in constit. othon . f. . otho de instit. vic. f. . othobon . f. . ioh. de athon . in constit. othon . can. quia nonnulli de clericis non resid . quadril . . . c. . plato de leg. l. . arist. polit. l. . c. . nicom . l. . c. . . c. . 〈◊〉 . . de 〈…〉 c. ▪ lyndw. pr●v . c●st . f. , . concil . anglic. vol. , . de c●nse●r . dist. . c. , . lynd. f. . . sciat . si enim habeant expensas & magistros , peccarent , nisi plus sciant quam laici . provine . constit . de sacra vnct. f. . concil . angl. . vol. p. . c●●cil . angl. 〈◊〉 . p. ● , ●● . 〈…〉 . p. ● . ● . . lyndw. f. . orig. in iur. h●m . . p. . ed. 〈◊〉 . . q. . c. . lyndw. ad l. de poenis . f. . extr. de priv. c. porro in gloss. in 〈…〉 . in ephes. hem. . concil . angl. tom. . p. , , . calvin . instit. l. . c. . n. . pet. martyr . l. c. l. . c. . n. . in cor. . p. . bucer in matth. . p. . i●●t . . inst. . provinc . cons. quum secund . f. . can. . rep. . * multa impediunt promovendum , quae non de●iciunt . gloss. in c. . de vit. & honest. cleric . c. christiano , f. . de iure patron . c. pastoralis officii . gloss. in can. & malitiose . moor el. . cr. . can. . cr. . leon. . regino l. . c. , , , , . baluz . ad reginon . p. . concil . anglic. vol. . f. . c. . q. . episcopum , regino . l. . c. . concil . braga . . c. . . q. . placait . concil . cabil . . c. . de censibus , f. . de officio vicarii c. quoniam v. procurari . concil . anglic. vol. . , . extr. de vita & honestat . cleric . c. . prov. cont. f. . epist. ad ios. hall. concil . anglic. vol. . f. . . can. . brownlow's rep. f. . id. f. . lyndw. f. . c. . hob. . owen . cr. . . officium curae animarum est praecipuum a● spiritualissimum dei donum . ca●etan . in act. . concil . anglic. vol. . p. , . p. . p. . constit. prov. . parsons councellor , sect. . hob. . rolls . io. de athon . in constit. othob . f. . . . e. . ● r. . 〈◊〉 inst. . ●●oo● . godbolt . rolls . . e. . . hen. . . hen. . . . e. . . constit. othob . f. . . othob . f. . . provinc . constit . f. . lyndw. ib. v. sit content . . q. . c. vnio . concil . tolet. . c. . . q. . c. . clericus . ex. de praeb . c. referente . ex. de cleric . non-resident . c. quia nonnulli . ex. de praeb . c. de multa . less . l. . c. . dub. . pan. c. du . lu● . . de elect. sylv. benef. . sum. angel. ben. . tolet summa casim . . ● . . cr. car. f. . c. . . holland's case . notes for div a -e deut. . . levit. . . numb . . , . ● . , . selden's review , p. . hosea . . isa. . . . levit. . , . . . levit. . . ezek. . , . . . pet. . , . acts . . thess. . . heb. . . ad probandam ecclesiam parochialem , primo est necesse quod habeat locum certis finibus constitutum , in quo degat populus illi ecclesiae deputatu● . rebuff . ad concord . de collat. sect. stat. n. . bed. l. . c. . c. . l. . c. . l. . c. . l. . c. , . l. . c. . l. . c. , . bed. epist. ad egbert . p. . egbert . can. , , , . concil . anglie . . . . p. . can. . concil . anglic● . . p. , . p. . ansclm. episi . l. . ep. . ioh. de athon : in const. othob . p. . extr. de iure patron . c. . lyndw. f. . . de vit. & honest. c. . gloss. c. . q. . c. . concil . anglic. . . lynw. f. . . . . . extr. ne praeter vices , &c. c. . lyndw. de consert . e. stat. c. rect. athon . f. . ext. de praeb . c. de monachis . lyndw. d● o●ficio 〈◊〉 c. qu●● thorn. c. ▪ sect. . extr. de 〈◊〉 ordin . azor. p. . l. c. . barbosa de officio parochial . c. . n. . concil . angls . p. . angl. sacr. . . stub . vit. arch. h. huntingin angl. sacr. concil . angl. . . seld. . . l●st . . tit. h. . c. ● . can. . can. . notes for div a -e concil . angl. . . concil . angl. i. . egbert . dial. de eccles. instit . cum bedae epistol . ad egbert . dublin , . concil . angl. . . bed. t. . p. . alcuin . de offic c. . epist. . . de off. c. , bed. t. iv. . v. . ii. . viii . . august . in psal. . in psal. . . . de chordis . euseb. praep. l. . c. . ioseph . . c. appion . aben-ezra in exod. kimchi ad psal. . menass . concil . in exod. q. . aug. c. faust. l. . c. . c. adimant . c. . . de genes . ad lit . c. . . epist. ad ian. . c. . greg. epist. l. . c. . de consecr . dist. . c. . conc. narbon . can. . concil . cabil . c. . aquisgran . c. . arelat . vi. can. . rhem. . c. . paris . vi. l. . c. . de officio archipresbyt . f. . . aquin. in sent. l. . dist. . qu. . art. . . . . . ● . q. . . bell de cultu sanct. l. . c. . covarruv . car. resol . l. . c. . azor. t. . c. . q. . suarez de rel. tr. . l. . c. . n. . c. . n. , . waldens . t. . tit. . c. . ina ll. c. . withred . c. . alfred . c. , . athelst. c. . edgar . c. . ethelred . c. . canut . c. . concil . angl. ii. , , . pupill . oculi , part . . c. . homily of the place and time of prayer . eccles. polity , l. . n. . orig. in numer . hom. . c. . hom. . in levit. . chrysost. hom. . in matth. hom. in ioh. hom. . ad pop. antioch . hom. . in gen. de officio archipresbyt . v. sanctifices . alcuin . de offic. c. . wilt●em . in diptych . leod. c. . de cultu sanct. l. . c. . de feriis , f. . concil . angl. i. . soz. l. . c. . regest . l. . . concil . vasens . . c. . turon . . c. . arel . . c. . capitul . . . reginold . . . capit. . c. . erasm. praefat . ad eccles. sess. . c. . de reform . act. eccles. mediol . ● , . palaeot . de administr . eccles. bonon . part . . p. . godeau sur les ordres , p. . bordenave des eglis . cathedral . p. . tertul. de baptis . c. . leo ep. . ambros. serm. . theodulph . de ordine baptism . c. . alcuin . de bapt. cerem . p. . august . de symbol . ad catech. l. . c. . de fide & oper. c. . august . serm. . bed. l. . c. ● concil . in trullo , can. , . syn. a. & b. can. . duaren . de benef. l. . c. ▪ concil . angl. i. p. . theod. capit. , . l. l. canut . c. , . l. l. edmund . cap. . theod. capit. c. . regino i , . capit. l. . c. , . addit . . c. . gul. paris . de collat. benef. c. . perald . sum. vit. to. . de avarit . c. sect. . cantiprat . de apibus l. . c. . n. . hist. universit . paris . secul . . p. . aquin. quaest. quodlibet . q. . art. . caj . ad . . q. . r. . concil . tolet. . c. . c. . q. . c. . concil . paris . . c. . capit. l. . c. . capit. l. . c. . l. . c. . cajet . sum. v. benef. . . in. . . q. . r. . filliuc . tr. . c. . n. . concil . nanet . c. . regino inquisit . art. . baluz . append . ad regin . , , . thomassin , part. . c. . n. . can. apost . . nicen. c. . antioch . . laodic . . calced . , . cod. afric . c. . cresc . coll. tit. . concil . herudf , c. . can. edgar . . egbert . can. . capitul . l. ● . c. . concil . nannet . c. . concil . tolet. . c. . c. . q. . c. vnio . compegins de vnion . n. , , , &c. azor. p. . l. . c. . flam. paris . de resign . l. . c. . n. . addit . . n. . notes for div a -e baluz . ad capit. selden of tithes , p. . bignon . ad form. marc. p. . sirmond . ad capit. p. . lyndw. f. . extr. de censib . c. . c. . q. . c. . de consecr . d●st . . c. . c. . q. . c. . baluz . append . ad reginon . p. . ent. de eccles . aedific . c. ad audientium . seld. , . f. . capit. . c. . capit. , , . ivo p. . c. , . regino l. . c. . burch . l. . c. . c. . q. . c. . . concil . labb . t. . p. . filesaci opus . p. , &c. fragment . de majoribus pal. du chesn . t. . capit. l. . . regin . l. . , , , . inst. . b. capit. l. . c. . bignon . in marculph . l. . c. . aub. mirae . cod. donat. l. . c. . p. roverii reomaus , p. . de foro compet . f. . c. . q. . n. . concil . brac. . c. . de consecr . . c. . agabard . de dispens . c. . tertul. apolog. c. . cypr. ep. . ep. . ep. . selden of tithes , c. . n. . p. . spelm. con. p. . glanvil . l. . c. . spelm. concil . ii. p. . p. . p. . inst. . warwickshire , p. , &c. spelm. ii. p. . p. . p. . p. . p. . lyndw. f. . spelm. ii. p. . spel. gloss. c. altarage . ioh. de burgo pupill . oculi , f. . b. spelm. ii. , . pupilla oculi , part. . c. . spel. concil . ● , . mon. i. . ● . inst. . hob. r. . regist. f. . moor. f. . bustrod . . . r. . hob. . . rolls r. . . poph. r. . law of tithes , c. . p. . inst. . select 〈◊〉 . . moor . ● . el. . 〈…〉 . f. n. b. . b. . rolls . march ▪ law of tithes ▪ . inst. . rolls , . cosin's apo● . p. . inst. . r. , . rolls . . lyndw. de decimis . c. sanct c. negotiat . selden of tithes , . cr. car. . hob. . . regist. . rolls . . hob. . cr. car. . rolls . . iones . hardres . inst. . rolls . . . yelv. . cr. iac. . law of tithes , . c. . inst. . law of tithes c. . cr. car. . iones , . f. n. b. . rolls . . . rolls , . . rolls , r. . . hetley , . littleton , . n. . rolls , . . march , . hetley , . rolls , . , . palmer , . cr. car. , . lyndw. . spel. ii. . hardr. . kebl . . . inst. . . . monast. i. . . . ii. . . lynd. f. . f. n. b. . inst. . hardres , . poph. . rolls , . , . bulst . . . rolls , . . poph. , . hardr. . law of tithes . hist. of tithes , . m●n . . ●punc ; . . l. l. saxon. wh. p. . spelm. concil . . l. l. canut . c. , , . seld of tithes , p. . p. . p. . r. . inst. . dyer , . brook , . cr. car. . palmer , . selden , . lyndw. . b. selden , . not. in decret . l. . c. . n. . innocent . . epist. . c. . monast. i. , , , , , , . ii. , . du fresn . e. appropr . monast. i. , . ii. , , , . iii. , . extr. de praeb . c. de monachis . ext. de praeb . c. avar. ext. de praeb . c. extirp . extr. de monachis , ubi supra . ext. de supplend . neglig . prael . sicut nobis . rolls , . . pro. const. de offic. vic. c. quoniam . of tithes , p. . miscel parl. . birchington , l. . lyndw. f. . sacerdos parochialis opposed to beneficiatus . lyndw. f. petr. cluniac . ep. l. . . d. . c. . c. . q. . c. , , , , , . mon. i. . rolls , r. . . mon. i. . rolls , r. . . cr. . . yelv. . hardr. . cr. el. . bulstr. . . palmer , . cr. ●ac . . cr. eliz. . moor , . hutton , . owen , , cr. car. . hutton ▪ . rolls , a. . . littleton , . hetley , . mon. ii. inst. . rot. parl. h. . . mon. ii. . cr. . . palm . . walsingh . . cr. . . pal. . extr. de de●imis . c. . inst. . popham ▪ ● . innocent . . epist. l. . ep. . coke r. . . moor , . cr. car. . cr. . . moor , . iones , bridgm. . latch . . rolls . r. . ▪ selden 〈◊〉 tithes , ▪ lynd. f. . lynd. f. . b. c. consuc● f. . lynd. f. . lynd. f. . b. selden of tithes , p. . coke r. . . cr. . . rolls , . moor , , . hob. . cr. el. . r. . hob. . moor , . moor , . seld. p. . p. . select cases , . registr . . b. inst. . bulst . . . march , . hob. . yelv. , . inst. . select cases , . inst. . loon. . . parson's coun. part. . c. . hob. . rolls , . rolls , . cr. el. . march , . cr. eliz. . c. select cases , . bulst . . . hob. . moor , . . c. r. . . moor , . mob . . r. . notes for div a -e inst. . b. . b. . preface to r. sir iohn davis pref. hales history and analysis of the law , ms. inst. . b. inst. . b. grot. de j. b. & p. l. . c. . sect. . bract. l. . c. . l. . c. . n. . l. . c. . n. . c. . littl. ten. sect. . glanv . prol. dr. and st. c. . spel. con. i. p. . rolls , . . bulst . . . brownl . . . keble , . . panor . in c. cum olim . moor , r. . inst. 〈◊〉 . ventris , ii. . . godol . , . rolls r. . . . de offic. archdiac . gloss. in const. oth. p. . ventris , ii. . inst. . r. . 〈…〉 . i. . 〈◊〉 . a. . anderson , ii. . inst. . b. r. . palmer , . iones , . quo warranto , . 〈…〉 sect. . sect. . selden of tithes , p. . ●ordenave , f. . inst. . c. . . inst. . inst. . prooem . to inst. inst. . stat. de merton . c. . glanvil . l. . ● . . stat. de bigamis . c. . popham , . spel. conc● . . de eili●● presbyt . cum à jure sit inhibit . lyndw. f. . latch . . popham , . leon. i. . hugh's pars. law , c. . lyndw. f. . leon. i. . r. . rolls a. ● . reg. . b. inst. . spel. concil . ii. . iones , . latch . . plamer , . . vaugh. . . . vaugh. . bagshaw's arg. about the canons , p. . inst. . annal. bur●on , . car. . c. . eadmer . hist. p. . hoveden , p. . ●pel . ii. . ventris rep. ii. . gers●● de vit. spirit . lect. . cor. . cajet . sum. in verb. so●o de iust. l. . q. . art. . ad . sayr . clavis reg. l. . c. 〈◊〉 . n. . caj . ad . . q. . art. . suar. de leg. l. . c. . n. . roch. curt. de statut. sect. . n. , . sect. . n. , , , . soto , l. . q. . art. . suarez , de ll. l. . c. . , . origen . in numer . hom. . clem. alex. str. l. . tertul. apol. c. . basil. de sp. sancto c. . chron. . . bell. de r. d. l. . c. . de vit. spir. lect. . cor. . coroll . . cajet . sum. . contempt . &c. clerico● rum . can. apost . . laodicea , . in trullo , . carthag . . dist. . , , . aquisgr . c. . francf . c. . aquisgr . . c. . extr. de vit. & honest. cleric . c. . conc. west●●●n . c. . spelm. ii. . lynd. l. . c. . concil . illiber . can. . cicero phil. . ovid de a. a. l. . suet. in aug ▪ c. . hostiens . sum. d. . de excess . praelat . d. de aleat . l. . cujac . observ. l. . c. . c. de episcop . audient . caj . & prae●ept . navar. man. c. . n. , &c. suarez de ll. l. . c. . tolet. sum●● l. . c. . n. . interest deposed, and truth restored, or, a word in season, delivered in two sermons the first at st. maryes in oxford, on the th of july, , being the time of the assizes : as also of the fears and groans of the nation in the threatned, and expected ruin of the lawes, ministry, and universityes : the other preached lately before the honourable societie of lincolns-inn / by robert south ... south, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) interest deposed, and truth restored, or, a word in season, delivered in two sermons the first at st. maryes in oxford, on the th of july, , being the time of the assizes : as also of the fears and groans of the nation in the threatned, and expected ruin of the lawes, ministry, and universityes : the other preached lately before the honourable societie of lincolns-inn / by robert south ... south, robert, - . south, robert, - . ecclesiasticall policy the best policy. [ ], , [ ], p. printed by a.l. for tho. robinson, oxford [oxfordshire] : . added t.p. and separate paging ([ ], p.): ecclesiasticall policy the best policy, or, religion, the best reason of state. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic 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and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion interest deposed , and truth restored . or , a word in season , delivered in two sermons : the first at st. maryes in oxford , on the th of iuly , . being the time of the assizes : as also of the fears and groans of the nation in the threatned , and expected ruin of the laws , ministery , and vniversityes . the other preached lately before the honourable societie of lincolns-inn . by robert sovth , mr. of arts , and student of christ-church . oxford , printed by a.l. for tho. robinson , . to the right worshipfull edward atkins , serjeant at law , and formerly one of the justices of the common-pleas . honoured sir , though at first it was free , and in my choice , whether or no i should publish these discourses , yet the publication being once resolved , the dedication was not so indifferent ; the nature of the subject , no less than the obligations of the author , styling them in a peculiar manner yours : for since their drift is to carry the most endangered , and endangering truth , above the safest , when sinfull , interest ; as a practice upon grounds of reason the most generous , and of christianity the most religious ; to whom rather should this assertion repaire as to a patron , than to him whom it has for an instance ? who in a case of eminent competition choose duty before interest , and when the judge grew inconsistent with the justice , preferred rather to be constant to sure principles , than to an unconstant government : and to retreat to an innocent , and honourable privacy , than to sit and act inquity by a law ; and make your age and conscience , ( the one venerable , the other sacred ) drudges to the tyranny of fanatick , perjured usurpers . the next attempt of this discourse , is a defence of the minstery , and that at such a time when none owned them upon the bench ( for then you had quitted it ) but when on the contrary we lived to hear one in the very face of the university , as it were in defiance of us and our profession , openly in his charge defend the quakers and fanaticks , persons not fit to be nam'd in such courts , but in an indictment . but , sir , in the instructions i here presumed to give to others , concerning what they should doe , you may take a narrative of what you have done : what respected their actions as a rule or admonition , applyed to yours is onely a rehearsall . whose zeal in asserting the ministeriall cause is so generally known , so gratefully acknowledged , that i dare affirme , that in what i deliver , you read the words indeed of one , but the thanks of all. vvhich affectionate concernment of yours for them , seems to argue a spirituall sence , and experimentall tast of their vvorks , and that you have reaped as much from their labours , as others have done from their lands : for to me it seemed alwaies strange , and next to impossible , that a man converted by the word preached , should ever hate and persecute a preacher . and since you have severall times in discourse declared your self for that government in the church , that is founded upon scripture , reason , apostolicall practice and antiquity , and ( we are sure ) the only one that can consist with the present government of state , i thought the latter discourse also might fitly addresse it selfe to you , in the which you may read your judgement , as in the other your practice . and now since it has pleased providence , at length to turn our captivity , and answer persecuted patience with the unexpected returns of settlement ; to remove our rulers , and restore our ruler ; and not onely to make our exactors righteousnesse , but , what is better , to give us righteousnesse instead of exaction , and hopes of religion to a church worried with reformation ; i believe upon due and impartiall reflexion on what is past , you now find no cause to repent , that you never dipt your hands in the bloody high courts of iustice , properly so called onely by antiphrasis ; nor ever prostituted the scarlet robe to those employments , in which you must have worne the colour of your sinne in the badge of your office. but notwithstanding all the enticements of a prosperous villany , abhorred the purchase , when the price was blood. so that now being priviledged by an happy unconcernment in those legall murders , you may take a sweeter relish of your own innocence , by beholding the misery of others guilt , who being guilty before god , and infamous before men , obnoxious to both , begin to find the first fruit of their sinne in the universal scorn of all , their apparent danger , and unlikely remedy : which beginnings being at length consummated by the hand of justice , the cry of blood and sacriledge will cease , mens doubts will be satisfied , and providence absolved . and thus , sir , having presumed to honour my first essayes in divinity , by prefixing to them a name , to which divines are so much obliged . i should here in the close of this addresse , contribute a wish at least to your happynesse : but since we desire it not yet in another vvorld , and your enjoyments in this ( according to the standard of a christian desire ) are so compleat , that they require no addition , i shall turn my vvishes into gratulations , and congratulating their fulnesse , onely wish their continuance : praying , that you may still possesse , what you possesse ; and doe what you doe ; that is , reflect upon a clear , unblotted , acquitting conscience , and feed upon the ineffable comforts of the memoriall of a conquered temptation ; without the danger of returning to the tryall . and this ( sir ) i account the greatest felicity that you can enjoy , and therefore the greatest that he can desire , who is yours in all observance , ro. sovth . ch. ch. the th . of may , . a preface to the reader . that being conscious to my self of having in discourse so often condemned the scribling of the present age , i should yet now own it by my practise ; especially in that sort of writing in which severall have gone before me , whom it is no glory to come behind , i find a necessity of bespeaking the readers acceptance with excuse , which yet i trust i shall not manage so , as to make it onely matter for another , but present him with reason , as well as apology . and first for the publication of these two discourses the one preached in the time of our feares , the other of our hopes , and now both comming forth in the beginning of our fruition , i shall not plead their having passed the test and approbation of two of the most iudicious and learned auditories in the nation , as supposing that was rather for the seasonablenesse of the truth , than any elegance of the composure , and more for the venture than the performance : yet from whatsoever cause it came , i shall not vouch it as a reason of the publication , since the same persons may applaud the same thing from the pulpit , that they shall afterwards hisse coming from the presse ; as could be easily instanced in the forlorne works of some vnfortunate divines : but much lesse was it the insolent , imprudent itch of appearing in publick , that induced me to this , as being confident that these discourses , had more hearers than they are like to finde readers ; so that my present attempt may be rather termed an edition than a publication . but least of all shall i plead the importunity of freinds , that stale pretence for publishing so many scribles ; such as being by much importunity brought to the press , need a greater to bring them to perusall . but because a sordid , complying spirit has been often charged upon the vniversity , and ( we must confesse ) a spice of it has appeared in many amongst us , who have fouled , as well as disturbed these fountains ; i thought good to let our detractors understand , that in the very depth of sectarian barbarisme , when the professed enemies of the church were the only favourites of the state , and the very pillars of it , the vniversities and ministers were falling , there has been some , who durst assert a truth , though to the visible danger of their present enjoyments , and the utter extinction of their future hopes ; and for so desperate a service the most inconsiderable person was the fittest , whose successe would have equally been an advantage , and whose ruin no losse . nor can i deny but that i was desirous to clear my self from the underserved surmises , that some ( whose good esteem i have cause to value ) have had of me ; as if the injurious favours of some had not onely courted , but wonne me to a servile compliance , which i alwaies abhorred : but such was my fate , that some while they were in power injured me by persecution , when declining , by their favour . the vindication also of some things here delivered was no small inducement to a publication : for notwithstanding the forementioned acceptance these discourses found , yet the former was attached by some severe reprehenders , who according to the canting dialect of wallingford house ( which forty years ago would not have been understood , neither will it forty years hence ) charged it as full of much wrath and darknesse ; but it seemes it was such darknesse as the tyrannizing egyptians began to feele ; and i am sure no more wrath then was deserved , and therefore very well bestowed . however , providence has encouraged it to see the light , while some of its reprehenders sit in darknesse . yet since by warrant from the spirit it self , we may be angry , and sinne not , the sharpnesse of a reprehension is to be ascribed to the nature of the thing that merits , not to the temper of him that delivers it . and since it has pleased god to unshackle men from engagements , visitations , and the awe of vsurpers , it is not to be expected , that perjury , blood , and sacriledge , can be any longer gospellized into acts of piety , or high strains of evangelicall perfection , because indeed they goe much beyond the command . yet that person , the late oppressor of this nation , and the known father of enthusiasts , in whom those three perfections eminently concurred , and who , we confesse is glanced upon in what follows , even him i have heard commended , as one , who notwithstanding those forementioned infirmities ( so called i conceive , because they were the matter of his dayly temptations ) yet as to the main was truly pious , and to use his encomiasts very expression , had great communion with god. i suppose in the same sence , that the faithful , innocent , and devout , hold communion with the devill . wherefore if by wrath was meant a free ( though at that time dangerous ) animadversion upon such spots of christianity , we own the charge , and readily confesse , that the ensuing discourse was not calculated for the soothing of galled consciences , but really intended to gall them more ; and professedly designed to reprove avarice , oppression , pious fraudes , blasphemies , and perjuries , waies not heretofore known of holding communion with god. and as for personall reflexions , i know none such spoken , but made such by being applyed : and if some proceeded to application before i did , and from their consciousnesse inferred their concernment , the over-ruling sentence of a guilty conscience placing them under the dint of any of these reproofs , i am not he that either can , or would absolve them : for , as i have often said , either they are not guilty , and so they are not concerned in them , or guilty , and so they deserve them . but whereas it has been further objected , that i proposed many doubts , which i left unanswered ; i am sorry , that it was a fault , to think so honourably of my auditory , as to esteem it needlesse : but it is not in my power to inform some mens ignorance , nor my desire to gratifie their humour : and whether this plea proceeds from a tender conscience , or a tender head , i am not much concerned , but acquiesce fully in this , that for the objections , those that were learned , could hear and answer them ; those that were not , could not apprehend them , both therefore equally without danger . and whereas i do not now at least in the printing them , adde their solutions ; i answer , that in regard i professe to publish the sermon i then preached , i should not verify my word , should i by such additions make it another . having given an account of my design in the former discourse , and wiped off the censures that for some time have stuck upon it , i shall endeavour to prepare the reader for a fair understanding of the second , which being preached before many of the most considerable members of the house of commons , had an auditory suitable to its design . for in as much as an erastian antiministeriall spirit has for many years acted most of the nation , who would command the service , without submitting to the discipline of the ministers ; and since arguments from piety or scripture work little upon most of them , i thought it the best service that could be done to the ecclesiasticall cause , to make it appear that even a politick consideration would perswade that , which was commanded upon a spiritual : by shewing how religion is that alone that holds together the whole frame of government ; it being upheld it self by the encouragement , and honour of the clergy . so that whereas i enforce it chiefly by arguments drawn from civill concernments , i would have none offended , since my intent is limited here , only to this respect , it being an argument ad hominem ; not the onely one that the the subject would afford , but that which was the most likely to reach the temper of the times . and if i infer the necessity of religion , and an honourable clergy from the exigence of the civil interest , i suppose the necessity of it from gods command , and from the salvation of mens soules , is unquestionable : wherefore i shall take the boldnesse to entreat those who shall think it worthy their reading , before they censure , to vouchsafe it at least an attentive perusal , in as much as it presents to them some truths , i think not often observed , i am sure , not usually delivered . for my own part , i cannot conceive how religion can stand without a ministery , nor the ministery without its two essential props , iurisdiction and respect . it is the old , sly , and undermining plea , that ministers ought only to procure respect by their learning , and laborious , vpright life ; other advantages belong not to them . but to answer this ; besides , that late experience proves , that the most pious , and the most learned , have been the most persecuted and contemned , it is irrationall to think , that men ever yet made their duty the measure of their practice . and howsoever all ought , yet there are but very few who reverence ministers for those qualifications ; but still those that do not , must be governed , or the church ruined : therefore the assistance of secular supports must be taken in . most therefore will confess church government necessary , though they deny that necessity to any determinate kind . but since church government in generall sequestred from its severall kinds , is a meer idea , i am apt to think that the determination of it was commanded together with the thing it self . and since only particular , not vniversal natures fall under practice , in as much as the apostles did actually govern the church , it must needs be , that it was by a certain determinate kind of government : and then considering the infallible apostolick spirit by which they were acted , i conceive their practice and example was a virtual command : especially when the reason and grounds of it continue still the same . what that practice was , though there are many not obscure traces of it in scripture , yet i desire to gather it from the general practise of the church successively continued from their times : the most rationall guide where the scripture is silent , and the best comment where it is obscure . and upon this rule and ground , i hold it more reasonable to erre , than upon fanatick principles to stumble upon the truth . having thus shown my intent in these sermons , and also the rule , to the guidance of which i intend to resign my self , in whatsoever god shall hereafter call me either to speak or act as a minister , i shall venture these meditations into the world. what reception they may find i am ignorant , but not sollicitous . but sure , of all persons , ministers , scholars , and especially those of the vniversities , have little cause to censure , or reprehend me , who have freely ventured the whole of my small advantages from them , in asserting them in a day of the blackest danger and rebuke , that i trust will ever befall the church . however , i value not the taunts , the murmurs of any : i have learned by bearing , to contemn them . frequent endurance has bred an apathy . but whatsoever men shall mutter , rail , or declaim against these writings , either out of a dislike of the subject here treated of , or a personal hatred of my self ; yet in this i rest satisfied , and assured , that the truth here spoken of , will stand , whatsoever becomes of him , that spoke it . math. . . but whosoever shall deny me before men , him will i deny before my father which is in heaven . as the great comprehensive gospel duty is the denyal of self , so the grand gospel sin that confronts it , is the denyal of christ. these two are both the commanding and the dividing principles of all our actions : for whosoever acts in opposition to one , it is alwaies in behalf of the other . none ever opposed christ , but it was to gratifie self : none ever renounced the interest of self , but from a prevailing love to the interest of christ. the subject i have here pitched upon , may seem improper in these times , and in this place , where the number of professors , and of men is the same ; where the cause and interest of christ has been so cryed up ; and christs personall reign and kingdome so called for , and expected . but since it has been still preached up , but acted down ; and dealt with , as the eagle in the fable did with the oyster , carrying it up on high , that by letting it fall he might dash it in peices : i say , since christ must reign , but his truths be made to serve . i suppose it is but reason , to distinguish between profession and pretence ; and to conclude , that mens present crying , haile king , and bending the knee to christ , are onely in order to his future crucifixion . for the discovery of the sence of the words , i shall enquire into their occasion . from the very beginning of the chapter wee have christ consulting the propagation of the gospel ; and in order to it ( being the onely way that he knew to effect it ) sending forth a ministery ; and giving them a commission , together with instructions for the execution of it . he would have them fully acquainted with the nature and extent of their office ; and so he joynes commission with instruction ; by one he conveighs power , by the other knowledge . supposing ( i conceive ) that upon such an undertaking , the more learned his ministers were , they would prove never the less faithfull . and thus having fitted them , and stript them of all manner of defence , v. . he sends them forth amongst wolves : a hard expedition , you will say , to go amongst wolves ; but yet much harder to convert them into sheep ; and no less hard even to discerne some of them , possibly being under sheeps cloathing ; and so by the advantage of that dress , sooner felt than discovered : and probably also such as had both the properties of wolves , that is , they could whine and howle , as well as bite and devoure . but that they might not goe altogether naked amongst their enemies , the onely armour that christ allows them , it is prudence and innocence ; be ye wise as serpents , but harmlesse as doves , v. . weapons not at all offensive , yet most suitable to their warfare , whose greatest encounters were to be exhortations , and whose only conquest , escape . innocence it is the best caution , and we may unite the expression , to be wise as a serpent , is to be harmless as a dove . innocence , it is like polish'd armour , it adorns , and it defends . in summe , he tells them , that the opposition they should meet with , was the greatest imaginable , from the . to the . v. but in the ensuing verses he promises them an equall proportion of assistance ; which if it was not argument of force enough to out-weigh the fore-mentioned discouragements , he casts into the balance , the promise of a reward to such as should execute , and of punishment to such as should neglect their commission : the reward in the former verse , whosoever shall confesse me before men , &c. the punishment in this , but whosoever shall deny . &c. as if by way of preoccupation he should have said , well : here you see your commission , this is your duty , these are your discouragements : never seek for shifts and evasions from worldly afflictions ; this is your reward if you perform it , this is your doome if you decline it . as for the explication of the words they are clear and easie ; and their originals in the greek are of single signification , without any ambiguity ; and therefore i shall not trouble you , by proposing how they run in this , or in that edition : or straining for an interpretation where there is no difficultie , or a distinction where there is no difference . the onely exposition that j shall give of them , will be to compare them to other parallel scriptures , and peculiarly that in the mark . whosoever therefore shall be ashamed of me and my words , in this adulterous and sinfull generation , of him also shall the son of man be ashamed , when he cometh in the glory of his father , with the holy angels . these words are a comment upon my text. . what is here in the text called a denying of christ , is there termed a being ashamed of him , that is , in those words the cause is expressed , and here the effect : for therefore we deny a thing , because we are shamed of it , first peter is ashamed of christ , then he denyes him . . what is here termed a denying of christ , is there called a being ashamed of christ and his words : christs truths are his second self . and he that offers contempt to a kings letters or edicts , virtually affronts the king ; it strikes his words , but it rebounds upon his person . . what is here said before men , is there phrased , in this adulterous and sinfull generation . these words import the hindrances of the duty enioyned , which therefore is here purposely enforced with a non obstante to all opposition . the terme adulterous i conceive may cheifly relate to the jewes who being nationally espoused to god by covenant , every sinne of theirs was in a peculiar manner spirituall adultery . . what is here said i will deny him before my father , is there expressed : i will be ashamed of him before my father and his holy angels , that is when he shall come to judgment , when revenging justice shall come in pomp , attended with the glorious retinue of all the host of heaven . in short the sentence pronounced declares the judgment , the solemnity of it , the terror . from the words , we may deduce these observations . . we shall find strong motives and temptations from men , to draw us to a deniall of christ. . no terrors , or solicitations from men , though never so great can warrant or excuse such a deniall . . to deny christs words , is to deny christ. but since these observ●tions are rather implyed then expressed in the words , i shall wave them , and instead of deducing a doctrine , distinct from the words , prosecute the words them selves under this doctrinall paraphrase . whosoever shall deny , dis-owne or be ashamed of either the person or truths of iesus christ for any fear or favour of man ; shall with shame be disowned , and eternally rejected by him at the dreadfull judgment of the great day , the discussion of this shall lye in these things . . to shew how many wayes christ and his truths may be denyed , and what is the deniall here cheifly intended . . to shew what are the causes that induce men to a deniall of christ and his truths . . to shew how farre a man may consult his safety in time of persecution , without denying christ. . to shew what is imported in christs denying us before his father in heaven . . to apply all to the present occasion . but before i enter upon these i must breifly premise this , that though the text and the doctrine run peremptory and absolute , whosoever denyes christ , shall assuredly be denyed by him : yet still there is a tacit condition in the words supposed , unless repentance intervene . for this and many other scriptures , though as to their formall termes they are absolute , yet as to their sence they are conditionall . god in mercy has so framed , and temper'd his word , that we have for the most part , a reserve of mercy wrap'd up in a curse . and the very first judgment that was pronounced upon fallen man , it was with the allay of a promise . wheresoever we find a curse to the guilty expressed , in the same words mercy to the penitent is still understood . this premised , i come now to discusse the first thing , viz. how many wayes christ and his truths may be denyed , &c. here first in generall i assert , that we may deny him in all those acts that are capable of being morally good or evill : those are the proper scene in which we act our confessions or denialls of him . accordingly therefore all wayes of denying christ , i shall comprise under these three . . we may deny him and his truths by an erroneous , hereticall judgment . i know it is doubted whether a bare error in judgment can condemne : but since truths absolutely necessary to salvation , are so clearly revealed , that we cannot erre in them , unless we be notoriously wanting to our selves ; herein the fault of the judgment is resolved into a precedent default in the will : and so the case is put out of doubt . but here it may be replyed , are not truths of absolute and fundamentall necessity , very disputable : as the deity of christ , the trinity of persons ? if they are not in themselves disputable , why are they so much disputed ? indeed i believe if we trace these disputes to their originall cause we shall find , that they never sprung from a reluctancy in reason to embrace them . for this reason it self dictates as most rationall , to assent to any thing though seemingly contrary to reason , if it is revealed by god , and we are certaine of the revelation . these two supposed , these disputes must needs arise only from curiosity and singularity ; and these are the faults of a diseased will. but some will further demand in behalf of these men , whether such as assent to every word in scripture , for so will those that deny the naturall deity of christ and the spirit , can be yet said in doctrinalls to deny christ ? to this i answere , since words abstracted from their proper sense & signification , loose the nature of words , & are only equivocally so called : inasmuch as the persons we speak of , take them thus ; & derive the letter from christ , but the signification from themselves , they cannot be said properly to assent so much as to the words of the scripture . and so their case also is clear . but yet more fully to state the matter , how farre a deniall of christ in beleife and judgment is damnable : we will propose the question . whether those that hold the fundamentalls of faith , may deny christ damnably , in respect of those superstructures and consequences that arise from them ? i answer in breif , by fundamentall truths are understood , . either such without the beleif of which we cannot be saved , or , . such , the beleif of which is sufficient to save : if the question be proposed of fundamentalls in this latter sence , it containes its own answer ; for he that beleives those truths , the beleif of which is sufficient to save , the disbeleif or deniall of their consequences cannot damne . but what and how many these fundamentalls are , it will then be agreed upon , when all sects , opinions and perswasions doe unite and consent . ly . if we speake of fundamentalls in the former sence , as they are only truths without which we cannot be saved : it is manifest that we may believe them , and yet be damned for denying their consequences : for that which is only a condition without which we cannot be saved , is not therefore a cause sufficient to save : much more is required to the latter , then to the former . i conclude therefore , that to deny christ in our judgment , will condemne , and this concernes the learned : christ demands the homage of your understandings : he wil have your reason bend to him , you must put your heads under his feet . and we know that heretofore he who had the leprosy in this part , was to be pronounced utterly unclean . a poysoned reason , an infected judgment is christs greatest enemy . and an error in the judgment , it is like an impo●tume in the head , which is alwayes noysome , and frequently mortall . . we may deny christ verbally , and by orall expressions . now our words they are the interpreters of our hearts . the transcripts of the judgment with some further addition of good or evill . he that interprets usually inlarges . what our judgment whispers in secret , these proclaime upon the house top . to deny christ in the former imports enmity , but in these open defiance . christs passion is renewed in both : be that mis-judges of him , condemnes him , but he that blasphemes him spits in his face . thus the jewes & the pharisees denyed christ. we know that this man is a sinner , joh. . . and a deceiver , mat. . . and he casts out devills , by the prince of the divells . . mat. . and thus christ is dayly denyed , in many blasphemies printed & divulged , and many horrid opinions vented against the truth . the schooles dispute whether in moralls the external action superadds any thing of good or evill to the internall elicit acts of the will : but certainly the enmity of our judgments is wrought up to an high pitch before it rages in an open deniall . and it is a signe that it is grown too bigge for the heart , when it seeks for vent in our words . blasphemy uttered it is error heightned with impudence . it is sinne scorning a concealment , not only committed , but defended . he that denyes christ in his judgment sins , but he that speakes his deniall , vouches and ownes his sinne : and so by publishing it , does what in him lies to make it vniversall : and by writing it to establish it eternall . there is another way of denying christ with our mouthes , which is negative : that is when we doe not acknowledge and confesse him : but of this i shall have occasion to treat under the discussion of the third general head. . we may deny christ in our actions and practice , and these speak much louder then our tongues . to have an orthodox belief , and a true profession , concurring with a bad life , it is only to deny christ with a greater solemnity . beleif and profession will speak thee a christian but very faintly , when thy conversation proclaimes thee an infidell . many while they have preached christ in their sermons , have read a lecture of atheisme in their practice . we have many here that speak of godlinesse , mortification and self-deniall : but if these are so , what meanes the bleating of the sheep , and the lowing of the oxen , the noise of their ordinary sinnes , and the cry of their great ones ? if godly , why doe they wallow and sleep in all the carnalities of the world , under pretence of christian liberty ? why doe they make religion ridiculous by pretending to prophecy , and when their prophecies prove delusions , why doe they blaspheme ? if such self-denyers , what means the griping , the prejudice , the covetousnesse , and the pluralities preached against , and retained , and the arbitrary government of many ? when such men preach of self-denyal and humility . i cannot but think of seneca , who praised poverty , and that very safely , in the midst of his great riches and gardens ; and even exhorted the world to throw away their gold , perhaps ( as one well conjectures ) that he might gather it up ; so these desire men to be humble , that they may domineer without opposition . but it is an easie matter to commend patience , when there is no d●nger of any tryall , to extoll humility in the midst of honours , to begin a fast after dinner . but o how christ will deal with such persons when he shall draw forth all their actions bare and stript from this deceiving vaile of their heavenly speeches ! he will then say , it was not your sad countenance , nor your hypocriticall groaning , by which you did either confesse or honour me : but your worldliness , your luxury , your sinister partial dealing ; these have denyed me , these have wounded me , these have gone to my heart : these have caused the weak to stumble , and the prophane to blaspheme : these have offended the one , and hardned the other . you have indeed spoke me fair , you have saluted me with your lips , but even then you betray'd me . depart from me therefore you professors of holiness , but you workers of iniquity . and thus having shewn the three wayes by which christ may be denyed , it may now be demanded , which is the deniall here intended in the words . answere . i conceive if the words are taken as they were particularly and personally directed to the apostles upon the occasion of their mission to preach the gospel , so the denyall of him , was the not acknowledgement of the deity or godhead of christ ; and the reason to prove , that this was then principally intended , is this . because this was the truth in those dayes cheifly opposed , and most disbeleived , as appeares , because christ and the apostles did most earnestly inculcate the beleif of this , and accepted men upon the bare acknowledgement of this , and baptisme was administred to such as did but profess this , acts , . and indeed as this one aphorisme iesus christ is the son of god , is vertually and eminently the whole gospel , so to confess or deny it is vertually to embrace or reject the whole round and series of gospell truths . for he that acknowledges christ to be the sonne of god , by the same does consequentially acknowledge that he is to be beleived and obeyed in whatsoever he does enjoyne and deliver to the sonnes of men : and therefore that we are to repent and beleive and rest upon him for salvation , and to deny our selves : and within the compass of this is included whatsoever is called gospell . as for the manner of our denying the deity of christ here prohibited , i conceive it was by words and orall expressions verbally to deny , and dis-acknowledge it : this i ground upon these reasons . . because it was such a deniall as was before men , and therefore consisted in open profession , for a deniall in judgment and practice , as such , is not alwayes before men . . because it was such a deniall or confession of him as would appear in preaching : but this is mannaged in words and verball profession . but now ly . if we take the words as they are a generall precept equally relating to all times , and to all persons , though delivered only upon a particular occasion to the apostles ( as i suppose they are to be understood ) so i think they comprehend all the three wayes mentioned of confessing or denying christ : but principally in respect of practice , and that . because by this he is most honoured or dishonoured . . because without this the other two cannot save . . because those who are ready enough to confess him both in judgment and profession , are for the most part very prone to deny him shamefully in their doings . pass we now to a second thing , to shew what are the causes inducing men to deny christ in his truths . i shall propose three . . the seeming supposed absurdity of many truths : vpon this foundation heresie allwayes builds . the heathens derided the christians , that still they required and pressed beleif , and well they might ( say they ) since the articles of their religion are so absurd , that upon principles of science they can never winne assent . it is easy to draw it forth and demonstrate , how upon this score the cheif heresies that now are said to trouble the church , doe oppose and deny the most important truths in divinity . as first , hear the denyer of the deity and satisfaction of christ. what ( saies he ) can the same person be god and man ? the creature and the creator ? can we ascribe such attributes to the same thing , whereof one implyes a negation and a contradiction of the other ? can he be also finite and infinite , when to be finite is not to be infinite , and to be infinite not to be finite ? and when we distinguish between the person , and the nature , was not that distinction an invention of the schooles , favoring rather of metaphysicks , then divinity ? if we say that he must have bin god , because he was to mediate between us and god , by the same reason they will reply , we should need a mediator between us and christ , who is equally god , equally offended . then for his satisfaction , they will demand to whom this satisfaction is paid ? if to god , then god payes a price to himself : and what is it else to require and need no satisfaction , then for one to satisfie himself ? next comes in the denyer of the decrees and free grace of god. what ( saies he ) shall we exhort , admonish , and entreat the saints to beware of falling away finally , and at the same time assert that it is impossible for them so to fall ? what shall we erect two contradictory wills in god , or place two contradictoryes in the same will , and make the will of his purpose and intention run counter to the will of his approbation ? hear another concerning the scripture and justification . what ( saies the romanist , relye in matters of faith upon a private spirit ? how doe you know this is the sence of such a scripture ? why by the spirit . but how will you try that spirit to be of god ? why by the scripture : this he explodes as a circle , and so derides it . then for justification . how are you justified by an imputed righteousness ? is it yours before it is imputed , or not : if not ( as we must say ) is this to be justified , to have that accounted yours , that is not yours ? put again , did you ever hear of any man made rich or wise by imputation ? why then righteous or just ? now these seeming paradoxes , attending gospell truths , cause men of weak and prejudiced intellectualls to deny them , and in them christ , being ashamed to owne faith so much ( as they think ) to the disparagement of their reason . . the second thing causing men to deny the truths of christ , is their , vnprofitableness . and no wonder if here men forsake the truth and assert interest . to be pious is the way to be poore . truth still gives its followers its own badge and livery , a despised nakedness . it is hard to maintaine the truth , but much harder to be maintained by it : could it ever yet feed , clothe , or defend its assernors ? did ever any man quench his thirst , or satisfie his hunger with a notion ? did ever any one live upon propositions ? the testimony of brutus concerning vertue , is the apprhension of most concerning truth : that it is a name , but lives and estates are things , and therefore not to be thrown away upon words . that we are neither to worship or cringe to any thing under the deity is a truth to strict for a naaman : he can be content to worship the true god , but then it must be in the house of rimmon : the reason was implyed in his condition , he was captaine of the host , and therefore he thought it reason good to bow to rimmon , rather then endanger his place : better bow , then break. indeed some times providence casts things so , that truth and interest ly the same way : and when it is wrapt up in this covering men can be content to follow it , to presse hard after it : but it is as we pursue some beasts only for their skins : take of the covering , and though men obtaine the truth , they would lament the losse of that . as iacob wept and mourned over the torn coat , when ioseph was alive . it is incredible to consider how interest outweighes truth . if a thing in it self be doubtfull , let it make for interest and it shall be raised at least into a probable ; and if a truth be certaine , and thwart interest , it will quickly fetch it down to but a probability ; nay if it does not carry with it an impregnable evidence , it will goe near to debase it to a down right falsity . how much interest casts the ballance in cases dubious , i could give sundry instances , let one suffice . and that concerning the unlawfullness of usury . most of the learned men in the world successively both heathen and christian doe assert the taking of use to be utterly unlawfull ; yet the divines of the reformed church beyond the seas though most severe and rigid in other things , doe generally affirme it to be lawfull . that the case is doubtfull and may be disputed with plausible arguments on either side , we may well grant : but what then is the reason that makes these divines so unanimously concurre in this opinion ? indeed i shall not affirme this to be the reason , but it may seem so to many : that they receive their salaryes by way of pension , in present ready money , and so have no other way to improve them ; so that it may be suspected , that the change of their salary , would be the strongest argument to change their opinion . the truth is , interest is the grand wheele , and spring that moves the whole vniverse . let christ and truth say what they will , if interest will have it , gain must be godliness : if enthusiasme is in request , learning must be inconsistent with grace . if pay growes short , the vniversity maintenance must be too great . rather then pilate will be counted cesars enemy , he will pronouce christ innocent one hour , and condemne him the next . how christ is made to truckle under the world , and how his truths are denyed and shuffled with for profit and pelfe , the clearest proof would be by induction and example . bus as it is the most clear , so here it would be the most unpleasing : wherefore i shall passe this over , since the world is now so peccant uopn this account , that i am afraid instances would be mistaken for invectives . . the third cause inducing men to deny christ in his truths , is their apparent danger . to confesse christ , is the ready way to be cast out of the synagogue . the chuch , it is a place of graves as well as of worship and profession . to be resolute in a good cause is to bring upon our selves the punishments due to a bad. truth indeed it is a possession of the highest value , and therefore it must needs expose the owner to much danger . christ is sometimes pleased to make the profession of himself costly , and a man cannot buy the truth but he must pay down his life and his dearest blood for it . christianity marks a man out for destruction : and christ sometime chalks out such a way to salvation , that shall verifie his own saying , he that will save his life shall loose it . the first ages of the church had a more abundant experience of this : paul and the rest , what they planted by their preaching , they watered with their blood . we know their usage was such as christ foretold , he sent them to wolves , and the common course then was christianos ad leones . for a man to give his name to christianity in those dayes , was to list himself a martyr , & to bid farewell not only to the pleasures but also to the hopes of this life . neither was it a single death only that then attended this profession , but the terror and sharpnesse of it redoubled was in the manner and circumstance . they had persecutors , whose invention was as great as their cruelty . wit and malice conspired to find out such tortures , such deaths , and those of such incredible anguish , that only the manner of dying was the punishment , death it self the deliverance . to be a martyr signifies only to witness the truth of christ , but the witnessing of the truth was then so generally attended with this event , that martyrdome now signifies not only to witness , but to witness by death . the word besides its own signification importing their practice : and since christians have been freed from heathens , christians themselves have turned persecutors . since rome from heathen was turned christian , it has improved its persecution into an inquisition . now when christ and truth are upon these termes , that men cannot confesse him , but upon paine of death , the reason of their apostacy and deniall is clear , men will be wise and leave truth and misery to such as love it , they are resolved to be cunning , let others run the hazard of being sincere . if they must be good at so high a rate , they know they may be safe at a cheaper . si negare sufficiat , quis erit nocens ? if to deny christ will save them , the truth shall never make them guilty . let christ and his flock lye open & exposed to all weather of persecution , foxes will be sure to have holes . and if it comes to this that they must either renounce religion , deny and blaspheme christ , or forfeit their lives to the fire or the sword , it is but inverting iobs wives advice , curse god and live . . we proceed now to the third thing , which is to shew , how farre a man may consult his safety , &c ▪ this he may doe two wayes . . by withdrawing his person . martyrdome is an heroick act of faith . an atcheivement beyond an ordinary pitch of it : to you saies the spirit it is given to suffer , phil. . it is a peculiar additionall gift : it is a distinguishing excellency of degree , not an essentiall consequent of its nature . be ye harmlesse as doves saies christ ; and it is as naturall to them to take flight upon danger , as to be innocent : let every man throughly consult the temper of his faith , and weigh his courage with his feares , his weakness and his resolutions together , and take the measure of both , and see which preponderates , and if his spirit faints , if his heart misgives and melts at the very thoughts of the fire , let him flye and secure his own soul , and christs honour . non negat christum fugiendo qui ideò fugit ne neget : he does not deny christ by flying , who therefore flyes that he may not deny him . nay , he does not so much decline , as rather change his martyrdome : he flies from the flame , but repaires to a desart ; to poverty and hunger in a wilderness . whereas if he would dispense with his conscience , & deny his lord , or swallow down two or three contradictory oaths , he should neither fear the one , nor be forced to the other . . by concealing his judgement . a man sometimes is no more bound to speak than to destroy himself ; and as nature abhors this , so religion does not command that . in the times of the primitive church , when the christians dwelt amongst heathens , it is reported of a certain mayd , how she came from her fathers house , to one of the tribunals of the gentiles , and declared her self a christian , spit in the judges face , and so provoked him to cause her to be executed . but will any say that this was to confesse christ , or dye a martyr ? he that uncalled for , uncompelled , comes and proclaims a persecuted truth , for which he is sure to dye , he onely dyes a confessour of his own folly , and a sacrifice to his own rashness . martyrdome is stampt such onely by gods command ; and hee that ventures upon it without a call , must endure it without a reward : christ will say , who required this at your hands ? his gospel does not dictate imprudence : no evangelical precept justles out that of a lawfull self-preservation . he therefore that thus throws himself upon the sword , he runs to heaven before he is sent for : where though perhaps christ may in mercy receive the man , yet he will be sure to disown the martyr . and thus much concerning those lawfull wayes of securing our selves in time of persecution ; not as if these were alwaies lawfull : for sometimes a man is bound to confesse christ openly , though hee dyes for it ; and to conceal a truth is to deny it . but now to shew when it is our duty , and when unlawfull to take these courses , by some generall rule of a perpetual , never-failing truth , none ever would yet presume : for , as aristotle saies , we are not to expect demonstrations in ethicks , or politicks ; nor to build certain rules upon the contingency of humane actions : so , in as much as our flying from persecution , our confessing , or concealing persecuted truths , vary and change their very nature , according to different circumstances of time , place , and persons , we cannot limit their directions within any one universall precept . you will say then , how shall we know when to confess , when to conceale a truth ? when to wait for , when to decline persecution ? indeed the onely way that i think can be prescribed in this case , is to be earnest , and importunate with god in prayer for special direction : and it is not to be imagined , that he who is both faithfull and mercifull , will leave a sincere soul in the dark upon such an occasion . but this j shall adde , that the ministers of god are not to evade , or take refuge in any of these two forementioned wayes . they are publique persons : and good shepheards must then chiefly stand close to the flock when the wolf comes . for them to be silent in the cause of christ is to renounce it ; and to fly , is to desert it . as for that place urged in favour of the contrary , in . v. when they persecute you in this city flee into another , it proves nothing ; for the precept was particular , and concerned onely the apostles ; and that but for that time in which they were then sent to the jews , at which time christ kept them as a reserve for the future : for when after his death they were indifferently sent both to jews and gentiles , wee find not this clause in their commission , but they were to signe the truths they preached with their blood ; as we know they actually did . and moreover , when christ bids them , being persecuted in one city fly into another , it was not ( as grotius acutely observes ) that they might lye hid , or bee secure in that city , but that there they might preach the gospel : so that their flight here was not to secure their persons , but to continue their business . i conclude therefore , that faithfull ministers are to stand and endure the brunt . a common souldier may dye , when it is the duty of him that holds the standard to dye upon the place . and we have abundant of encouragements so to doe . christ has seconded and sweetned his command with his promise : yea the thing it self is not onely our duty , but our glory . and he that has done this work , has in the very work partly received his wages . and were it put to my choice , j think i should chuse rather with spitting and scorn to be tumbled into the dust in blood , bearing witness to any known truth of our dear lord , now opposed by the enthusiasts of the present age , than by a denyal of those truths through blood and perjury wade to a scepter , and lord it in a throne . and we need not doubt , but truth , however oppressed , will have some followers , and at length prevaile . a christ , though crucified , will arise : and as it is in the revel . . the witnesses will prophesie , though it be in sackcloth . having thus dispatched the third thing , i proceed to the fourth , which is to shew , what it is for christ to deny us before his father in heaven . hitherto we have treated of mens carriage to christ in this world ▪ now we will describe his carriage to them in the other . these words clearly relate to the last judgement , and they are a summary description of his proceeding with men at that day . and here we will consider : . the action it self , he will deny them . . the circumstance of the action , hee will deny them before his father , aad the holy angels . . concerning the first ; christs denying us , is otherwise expressed in the luke . i know you not . to know in scripture language is to approve ; and so not to know , is to reject and condemne . now who knows how many woes are crowded into this one sentence , i will deny him ? it is ( to say no more ) a compendious expression of hell , an eternity of torments comprised in a word : it is condemnation it self , and what is most of all , it is condemnation from the mouth of a saviour . o the inexpressible horrour that will seize upon a poor soul when he stands arraigned at the barre of divine justice ▪ when he shall look about , and see his accuser his judge , the witnesses all of them his remorsless adversaries : the law impleading , mercy and the gospel upbraiding him , the devill , his grand accuser , drawing his indictment ; numbring his sinnes with the greater exactness , and aggravating them with the cruellest bitterness , and conscience , like a thousand witnesses , attesting every article , flying in his face , and rending his very heart . and then after all , christ , from whom only mercy could be expected , owning the accusation . it will be hell enough to hear the sentence ; the very promulgation of the punishment will be part of the punishment , and anticipate the execution . if peter was so abashed when christ gave him a look after his denyall ; if there was so much dread in his looks when he stood as prisoner , how much greater will it bee when he sits as a judge ? if it was so fearfull when he looked his denyer into repentance , what will it be when he shall look him into destruction ? believe it , when we shall hear an accusation from an advocate , our eternall doome from our intercessour , it will convince us that a denyall of christ is something more than a few transitory words : what trembling , what out-cries , what astonishment will there be upon the pronouncing this sentence ! every word will come upon the sinner like an arrow striking through his reines ; like thunder that is heard , and consumes at the same instant . yea it will be a denyal with scorn , with taunting exprobrations ; and to be miserable without commiseration , is the height of misery . he that falls below pitty , can fall no lower . could i give you a lively representation of guilt and horrour on this hand , and paint out eternall wrath , decypher eternall vengeance on the other , then might j shew you the condition of a sinner hearing himself denyed by christ : and for those whom christ has denyed , it will be in vaine to appeale to the father , unless wee can imagine , that those whom mercy has condemned , justice will absolve . . for the circumstance , he will deny us before his father , and the holy angels . as much as god is more glorious than man , so much is it more glorious to be confessed before him , than before men : and so much glory as there is in being confessed , so much dishonour there is in being denyed . if there could be any room for comfort after the sentence of damnation , it would be this , to be executed in secret , to perish unobserved . as it is some allay to the infamy of him that dyed ignominiously , to be buried privately . but when a mans folly must be spread open before angels , and all his baseness ript up before those pure spirits , this will be a double hell : to be thrust into utter darkness , onely to be punished by it , without the benefit of being concealed . when christ shall compare himself , who was denyed , and the thing for which he was denyed together , and parallel his merits with a lust , and lay eternity in the ballance with a trisle , then the folly of the sinners choice shall be the greatest sting of his destruction . for a man shall not have the advantage of his former ignorance and errour , to approve his sinne : things that appeared amiable by the light of this world , will appear of a different odious hue in the clear discoveries of the next : as that which appears to be of this colour by a dimn candle , will be found to be of another look'd upon in the day . so when christ shall have cleared up mens apprehensions about the value of things ; he will propose that worthy prize for which he was denyed : he will hold it up to open view , and call upon men and angels : behold , look , here is the thing , here 's that peice of dirt , that windy applause , that poor transitory pleasure , that contemptible danger , for which i was dishonoured , my truths disowned , and for which life , eternity , and god himself was scorned and trampled upon by this sinner : judge all the world , whether what he so despised in the other life , he deserves to enjoy in this ? how will the condemned sinner then crawle forth , and appear in his filth and shame before that undefiled , tribunall , like a toade or a snake in a kings presence chamber . nothing so irksome as to have ones folly displaied before the prudent , ones impurity before the pure : and all this before that company surrounding him , from which he is neither able to look off , nor yet to look upon . a disgrace put upon a man in company is unsupportable : it is heightned according to the greatnesse , and multiplyed according to the number of the persons that hear it . and now as this circumstance [ before his father ] fully speaks the shame , so also it speaks the danger of christs then denying us . for when the accusation is heard , and the person stands convict , god is immediately lifting up his hand to inflict the eternal blow ; and when christ denyes to exhibit a ransome , to step between the stroak then coming , and the sinner , it must inevitably fall upon him , and sinke his guilty soul into that deep and bottomless gulph of endless perdition . this therefore is the summe of christs denying us before his father , viz. unsupportable shame , unavoydable destruction . i proceed now to the vses that may be drawn from the truths delivered . and here ( right honourable ) not only the present occasion , but even the words themselves seem eminently to addresse an exhortation to your honours . as for others not to deny christ , is openly to profess him ; so for you who are invested with authority , not to deny him , is to defend him . know therefore , that christ does not onely desire , but demand your defence , and that in a double respect . . in respect of his truth . . of his members . . he requires that you should defend and confess him in his truth . heresie it is a tare sometimes not to be pulled up but by the civill magistrate . the word liberty of conscience , is much abused for the defence of it , because not well understood . every man may have liberty of conscience to think and judge as he pleases , but not to vent what he please . the reason is , because conscience bounding it selfe within the thoughts , is of private concernment , and the cognizance of these belong only to god : but when an opinion is published , it concerns all that hear it , and the publique is endamaged , and therefore becomes punishable by the magistrate , to whom the care of the publique is entrusted . but there is one truth that concerns both ministery and magistracy , and all : which is opposed by those who affirm , that none ought to govern upon the earth but christ in person : absurdly , as if the powers that are , destroyed his ; as if a deputy were not consistent with a king ; as if there were any opposition in subordination . they affirm also , that the wicked have no right to their estates , but onely the faithfull , that is , themselves , ought to possess the earth . and it is not to be questioned , but when they come to explaine this principle , by putting it into execution , there will be but few that have estates at present , but would be either found , or made wicked . i shall not be so urgent to press you to confess christ , by asserting and owning the truth contrary to this , since it does not only oppose truth , but propriety , and here to deny christ , would be to deny your selves . . christ requires you to own and defend him in his members ; and amongst these , the chief of them , and such who most fall in your way , the ministers ; i say , that despised , abject , oppressed sort of men , the ministers ; whom the world would make antichristian , and so deprive them of heaven , and also strip them of that poor remainder of their maintenance , and so allow them no portion upon the earth . you may now spare that distinction of scandalous ministers , when it is even made scandalous to be a minister . and as for their discouragements in the courts of the law , i shall onely note this , that for these many years last past , it has been the constant observation of all , that if a minister had a cause depending in the court , it was ten to one but it went against him . i cannot believe your law justles out the gospel ; but if it be thus used to undermine christ in his servants , beware that such judgements passed upon them , doe not fetch down gods judgements upon the land ; and that for such abuse of the law , christ does not in anger deprive both you and us of its vse . ( my lords ) i make no doubt , but you will meet with many suites in your course , in which the persons we speak of are concerned , as it is easie to prognosticate from those many worthy petitions preferred against them , for which the well-affected petitioners will one day receive but small thanks from the court of heaven . but however their causes speed in your tribunals , know that christ himself will recognize them in a greater . and then what a different face will be put upon things ! when the usurping , devouring nimrods of the world shall be cast with scorn on the left hand : and christ himself in that great consistory shall daign to step down from his throne , and single out a poor despised minister , and as it were taking him by the hand , present him to , and openly thus confess him before his father . father , here is a poore servant of mine , that for doing his duty impartially , for keeping a good conscience , and testifying my truths in an hypocriticall pretending age , was wrong'd , trood upon , stript of all : father , i will that there be now a distinction made , between such as have owned & confessed me with the loss of the world , and those that have denyed , persecuted and insulted over me : it will be in vain then to come and creep for mercy : and say , lord , when did we insult over thee ? when did we see thee in our courts , and despised or oppressed thee ? christs reply will be then quick and sharp : verily in as much as you did it to one of these little , poor , despised ones , ye did it unto me. . use is of information , to shew us the danger as well as the baseness of a dastardly spirit ; in asserting the interest and truth of christ. since christ has made a christian course a warfare , of all men living , a coward is the most unfit to make a christian : whose infamy is not so great , but it is sometimes less then his perill . a coward does not allwayes scape with disgrace , but sometimes also he loses his life : wherefore let all such know , as can enlarge their consciences like hell , and call any sinfull compliance submission , and style a cowardly silence in christs cause , discretion and prudence . i say let them know , that christ will one day scorn them , and spit them with their policy and prudence into hell ; and then let them consult how politick they were for a temporall emolument , to throw away eternity . all that causes men to deny christ , it is either the enjoyments , or the miseries of this life : but alass at the day of judgment all these will be expired , and as one well observes , what are we the better for pleasure , or the worse for sorrow when it is past ? but then sinne and guilt will be still fresh , and heaven and hell will be then yet to begin . if ever it was seasonable to preach courage in the despised , abused cause of christ , it is now , when his truths are reformed into nothing , when the hands and hearts of his faithfull ministers are weakned , & even broke , and his worship extirpated in a mockery , that his honour may be advanced . well , to establish our hearts in duty , let us before hand propose to our selves the worst that can happen . should god in his judgment suffer england to be transformed into a munster . should the faithfull be every where massacred . should the places of learning be demolished , and our colledges reduced ( not only as one in his zeal would have it ) to three , but to none . yet assuredly hell is worse then all this , and this is the portion of such as deny christ : wherefore let our discouragements be what they will : losse of places , losse of estates , loss of life and relations , yet still this sentence stands ratified in decretals of heaven . cursed be that man , that for any of these , shall desert the truth , and deny his lord. ecclesiasticall policy the best policy : or , religion the best reason of state : in a sermon delivered before the honourable society of lincolnes inn . by ro. sovth . oxford , printed by a. l. for tho. robinson , . king. . ch . , . v. after this thing jeroboam returned not from his evill way , but made again of the lowest of the people priests of the high places : whosoever would he consecrated him , and he became one of the priests of the high places . and this thing became sin unto the house of jeroboam , even to cut it off , and to destroy it from off the face of the earth . ieroboam ( from the name of a person become the character of impiety ) is reported to posterity as eminent , or rather notorious , for two things ; usurpation of government , and innovation of religion . 't is confessed , the former is expresly said to have been from god ; but since god may order , and dispose , what he does not approve ; and use the wickedness of men while he forbids it ; the design of the first cause does not excuse the malignity of the second : and therefore the advancement and scepter of ieroboam was in that sense onely the work of god , in which it is said , amos . that there is no evill in the city which the lord has not done . but from his attempts upon the civill power , he proceeds to innovate gods worship ; and from the subjection of mens bodies and estates to enslave their consciences , as knowing that true religion is no freind to an unjust title . such was afterwards the way of mahomet , to the tyrant to joyne the impostor , and what he had got by the sword to confirm by the alcoran ; raising his empire upon two pillars , conquest , and inspiration . ieroboam being thus advanced , and thinking policy the best piety , though indeed in nothing ever more befooled ; the nature of sin being not onely to defile , but to infatuate . in the ii. chap. and the . v. he thus argues ; if this people goe up to doe sacrifice in the house of the lord at ierusalem , then shall the heart of this people turne again unto their lord , even unto rehoboam king of iudah , and they shall kill me , and goe again unto rehoboam king of iudah . as if hee should have said . the true worship of god , and the converse of those that use it , dispose men to a considerate , lawfull subjection . and therefore i must take another course : my practise must not be better than my title ; what was won by force must be continued by delusion . thus sin is usually seconded with sin : and a man seldome commits one sinne to please , but he commits another to defend himself . as 't is frequent for the adulterer to commit murder , to conceal the shame of his adultery . but let us see ieroboams politick procedure in the next ver . whereupon the king took counsel , and made two calves of gold , and said unto them , it is too much for you to goe up to ierusalem , behold thy gods o israel . as if he had made such an edict : i ieroboam , by the advice of my council , considering the great distance of the temple , and the great charges that poor people are put to in going thither ; as also the intollerable burden of paying the first fruit , and tythes to the priest , have considered of a way that may be more easie , and lesse burthensome to the people , as also more comfortable to the priests themselves ; and therefore strictly enjoyne , that none henceforth presume to repaire to the temple at ierusalem , especially since god is not tyed to any place or form of worship ; as also because the devotion of men is apt to be clogged by such ceremonies ; therefore both for the ease of the people , as also for the advancement of religion , we require and command , that all henceforth forth forbear going up to ierusalem . questionless these , and such other reasons the impostor used to insinuate his devout idolatry . and thus the calves were set up , to which oxen must be sacrificed ; the god and the sacrifice out of the same herd . and because israel was not to returne to egypt , egypt was brought back to them ; that is , the egyptian way of worship , the apis , or serapis , which was nothing but the image of a calfe , or oxe , as is clear from most historians . thus ieroboam having procured his people gods , the next thing was to provide priests . hereupon to the calves he addes a commission , for the approving , trying , and admitting the rascality and lowest of the people to minister in that service : such as kept cattel , with a little change of their office , were admitted to make oblations to them . and doubtless besides the approbation of these , there was a commission also , to eject such of the priests and levites of god , as being too ceremoniously addicted to the temple , would not serve ieroboam before god , nor worship his calves for their gold , nor approve those two glittering sins for any reason of state whatsoever . having now perfected divine worship , and prepared both gods and priests : in the next place , that he might the better teach his false priests the way of their new worship , he beginnes the service himself , and so countenances by his example , what he had enjoyned by his command , in the . v. of this chapter , and ieroboam stood by the altar to burne incense . burning of incense was then the ministerial office amongst them , as preaching is now amongst us . so that to represent you the nature of ieroboams action : it was , as if in a christian nation the chief governour should authorize and encourage all the scumme and refuse of the people to preach , and call them to the ministry , by using to preach , and invading the ministerial function himself . but ieroboam rested not here , but while he was busie in his work , and a prophet immediately sent by god declares against his idolatry , he endeavours to seize upon , and commit him , in the . v. he held forth his hand from the altar , and said , lay hold of him . thus we have him compleating his sinne , and by a strange imposition of hands persecuting the true prophets as wel as ordaining false . but it was a natural transition , and no wayes wonderful to see him that stood affronting god with false incense in the right hand , persecute with the left , and abet the idolatry of one arme with the violence of the other . now if we lay all these things together , and consider the parts , rise , and degrees of his sinne , we shall find , that it was not for nothing , that the spirit of god , so frequently , and bitterly in scripture stigmatizes this person : for it represents him , first incroaching upon the civil government , thence changing that of the church , debasing the office that god had made sacred ; introducing a false way of worship , destroying the right . and in this we have a full and fair description of a foul thing ; that is , of an usurper , and an impostor : or , to use one word more comprehensive than both , of ieroboam the sonne of nebat who made israel to sinne . from the story and practise of ieroboam we might gather these observations . . that god sometimes punishes a notorious sinne , by suffering the sinner to fall into a worse . thus god punished the rebellion of the israelites by permitting them to fall into idolatry . . there is nothing so absurd but may be obtruded upon the vulgar under pretence of religion . certainly otherwise a golden calfe could never have been made either the object , or the means of divine worship . . sin , especially that , of perverting gods worship , as it leaves a guilt upon the soul , so it perpetuates a blot upon the name . hence nothing so frequent , as for the spirit of god to expresse wicked , irreligious kings , by comparing them to ahab or ieroboam . it being usuall to make the first and most eminent in any kind , not onely the standard for comparison , but also the rule of expression . but i shall insist onely upon the words of the text , and what shall be drawn from thence . there are two things in the words that may seem to require explication . . what is meant by the high places . . by the consecration of the priests . . concerning the high places . the use of these in the divine worship was generall and ancient . and as dionysius vossius observes in his notes upon moses maimonides , the first way that was used , long before temples were either built , or thought lawfull . the reason of this seemes to be , because those places did not shut up , or confine the immensity of god , as they thought an house did , and withall gave his worshippers a nearer approach to heaven by their height . hence we read that the samaritanes worshipped upon mount gerezim , ioh. . v. and samuel went up to the high place to sacrifice , sam. . . and solomon sacrificed at the high place in gibeon , king. . . yea the temple it selfe was at length built upon a mount or high place , chr. . . you will say then , why are these places condemned ? i answer , that the use of them was not condemned , as absolutely and alwaies unlawfull in it selfe , but onely after the temple was built , and that god had professed to put his name in that place , and no other : therefore what was lawfull in the practice of samuel and solomon before the temple was in being , was now detestable in ieroboam , since it was constituted by god the onely place for his worship . to bring this consideration to the times of christianity . because the apostles and primitive christians preached in houses , and had onely private meetings , in regard they were under persecution , and had no churches ; this cannot warrant the practice of those now adaies , that preferre houses before churches , and a conventicle before the congregation . . for the second thing , which is the consecration of the priests , it seems to have been correspondent to ordination in the christian church . idolaters themselves were not so farre gone , as to venture upon the priesthood without consecration and a call. to shew all the solemnities of this would be tedious , and here unnecessary : the hebrew word which we render to consecrate , signifies to fill the hand , which indeed imports the manner of consecration , which was done by filling the hand : for the priest cut a peice of the sacrifice , and put it into the hands of him that was to be consecrated ; by which ceremony he received right to sacrifice , and so became a priest. as our ordination in the christian church , is said to have been heretofore transacted by the bishops delivering of the bible into the hands of him that was to be ordained , whereby he received power ministerially to dispense the mysteries contained in it , and so was made a presbyter . thus much breifly concerning consecration . there remains nothing else to be explained in the words , i shall therefore now draw forth the sense of them in these two propositions , . the surest means to strengthen , or the readiest to ruin the civill power , is either to establish , or destroy the worship of god in the right exercise of religion . . the next , and most effectuall way to destroy religion , is to embase the teachers and dispensers of it . of both these in their order . for the prosecution of the former we are to shew , . the truth of the assertion , that it is so . . the reason of the assertion , why and whence it is so . . for the truth of it , it is abundantly evinced from all records both of divine and prophane history , in which he that runs may read he ruine of the state in the destruction of the church , and that not only portended by it as its signe , but also inferred from it , as its cause . . for the reason of the point it may be drawne . from the judiciall proceeding of god , the great king of kings , and supreme ruler of the vniverse ; who for his commands is indeed carefull , but for his worship jealous . and therefore in states notoriously irreligious , by a secret and irresistable power , countermands their deepest projects , splits their counsells , and smites their most refined policies with frustration and a curse : being resolved that the kingdomes of the world shall fall down before him , either in his adoration , or their own confusion . . the reason of the doctrine may be drawn from the necessary dependence of the very principles of government upon religion . and this i shall pursue more fully . the great business of government is to procure obedience , & keep off disobedience : & the great springs upon which those two move are rewards and punishments answering the two ruling affections of mans mind , hope and fear . for since there is a naturall reluctancy between the judgment and the appetite , the former respecting what is honest , the latter what is pleasing , which two qualifications seldome concurre in the same thing , and withall mans designe in every action is delight : therefore to render things honest also practicable , they must be first represented desireable ; which cannot be but by proposing honesty cloathed with pleasure ; and since it presents no pleasure to the sense , it must be fetcht from the apprehension of a future reward . for questionless duty moves not so much upon command as promise . now therefore that which proposes the greatest , and most sutable rewards to obedience , & the greatest terrors & punishments to disobedience , doubtless is the most likely to enforce one , and prevent the other . but it is religion that does this , which to happinesse and misery joynes eternity . and these , supposing the immortality of the soul , which philosophy indeed conjectures , but only religion proves , or ( which is as good ) perswades ; i say these two things , eternall happiness & eternall misery , meeting with a perswasion that the soul is immortall , are without controversy of all others , the first the most desireable , & the latter the most horrible to humane apprehension . were it not for these , civill government were not able to stand before the prevailing swing of corrupt nature , which would know no honesty , but advantage , no duty but in pleasure , nor any law , but it s own will. were not these frequently thundred into the understandings of men , the magistrate might enact , order and proclaime , proclamations might be hung upon walls and posts , and there they might hang , seen and despised , more like malefactors , then lawes : but when religion binds thē upon the conscience , conscience will either perswade or terrify men into their practice . for put the case a man knew , and that upon sure grounds , that he might doe an advantagious murder or robbery , and not be discovered , what humane lawes could hinder him , which he knowes cannot inflict any penalty , where they can make no discovery ? but religion assures him , that no sin , though concealed from humane eyes , can either escape gods sight in this world , or his vengeance in the other . put the case also , th●t men looked upon death without fear , in which sense it is nothing , or at most very little ; ceasing while it is endured , and probably without pain , for it seazes upon the vitalls and benumms the senses , and where there is no sense , there can be no pain . i say , if while a man is acting his will towards sin , he should also thus act his reason , to despise death , where would be the terror of the magistrate , who can neither threaten or inflict any more ? hence an old malefactor in his execution , at the gallowes made no other confession but this ; that he had very jocundly passed over his life in such courses , and he that would not , for fifty yeares pleasure , endure half an hours paine , deserved to dye a worse death then himself : questionlesse this man was not ignorant before , that there were such things as lawes , assizes , and gallowes , but had he considered , and beleived the terrors of another world , he might probably have found a fairer passage out of this . if there was not a minister in every parish , you would quickly find cause to encrease the number of constables : and if the churches were not imployed to be places to hear gods law , there would be need of them , to be prisons for the breakers of the lawes of men . hence 't is observable that the tribe of levi , had not one place or portion together like the rest of the tribes : but because it was their office to dispence religion , they were diffused over all the tribes , that they might be continually preaching to the rest , their duty to god , which is the most effectuall way , to dispose them to obedience to man : for he that truely feares god cannot despise the magistrate . yea so near is the connexion between the civill state , and the religious , that heretofore , if you look upon well regulated , civilized , heathen nations , you will find the goverment and the preisthood united in the same person : anius rexidem hominum , phaebique sacerdos . virg. . aen. if under the true worship of god. melchisedech king of salem and priest of the most high god , heb. . . and afterwards moses ( whom as we acknowledge a pious , so atheists themselves will confess to have been a wise prince ) he , when he took the kingly goverment upon himself , by his own choice , seconded by divine institution , vested the preisthood in his brother aaron , both whose concernments were so coupled , that if nature had not , yet their religious , nay their civill interests , would have made them brothers . and it was once the designe of the emperour of germany , maximilian the first , to have joyned the popedome and the empire together , and to have got himself choose pope , and by that meanes derived the papacy to his succeeding emperors . had he effected it , doubtless there would not have been such scuffles between him and the bishop of rome ; the civill interest of the state would not have been undermined , by an adverse interest , mannaged by the specious and potent pretences of of religion . and to see even amongst us , how these two are united , how the former is upheld by the latter : the magistrate sometimes cannot doe his own office dexterously , but by acting the minister ; hence it is , that judges of assize find it necessary in their charges , to use patheticall discourses of conscience , and if it were not for the sway of this , they would often lose the best evidence in the world against malefactors , which is confession : for no man would confess and be hanged here , but to avoid being damned hereafter . thus i have in generall shewn the utter inability of the magistrate to attain the end of goverment , without the aid of religion . but it may be here replyed , that many are not at all moved with arguments drawn from hence , or with the happy or miserable state of the soul after death , & therefore this availes little to procute obedience , and consequently to advance goverment . i answer by concession : that this is true of epicures , atheists , & some pretended philosophers , who have stifled the notions of a deity , and the souls immortality ; but the unprepossessed on the one hand , and the well disposed on the other , who both together make much the major part of the world , are very apt to be affected with a due fear of these things : & religion accomodating it self to the generality , though not to every particular temper , sufficiently secures government , in as much as that stands or falls according to the behaviour of the multitude . and whatsoever conscience makes the generality obey ▪ to that prudence will make the rest conforme . wherefore , having proved the dependance of government upon religion , j shall now demonstrate , that the safety of governement depends upon the truth of religion . false religion is in its nature the greatest bane and destruction to religion in the world . the reason is , because whatsoever is false , is also weak . ens and verum in philosophy are the same : and so much as any religion has of falsity , it loses of strength and existence . falsity it gains authority onely from ignorance , and therefore is in danger to be known ; for from being false , the next immediate step is to be known to be such . and what prejudice this would be to the civill government , is apparent , if men should be awed into obedience , and affrighted from sin by rewards and punishments , proposed to them in such a religion , which afterwards should be detected , and found a meere falsitie , and cheat ? for if one part be but found to be false , it will make the whole suspicious . and men will then not onely cast off obedience to the civill magistrate , but they will doe it with disdaine and rage , that they have been deceived so long , and brought to doe that out of conscience which was imposed upon them out of designe : for though men are often willingly deceived , yet still it must be under an opinion of being instructed , though they love the deception , yet they mortally hate it under that appearance : therefore it is no wayes safe for a magistrate , who is to build his dominion upon the fears of men , to build those fears upon a false religion . 't is not to be doubted , but the absurdity of ieroboams calves , made many israelites turne subjects to rehoboams government , that they might be proselytes to his religion . herein the weaknesse of the turkish religion appears , that it urges obedience upon the promise of such absurd rewards , as that after death they should have palaces , gardens , beautifull women , with all the luxury that could be : as if those things that were the occasions , and incentives of sin in this world , could be the rewards of holinesse in the other . pesides many other inventions , false , and absurd , that are like so many chincks and holes to discover the rottenesse of the whole fabrick , when god shall be pleased to give light to discover , and open their reasons to discern them . but you will say , what government more sure and absolute than the turkish , and yet what religion more false ? therefore certainly government may stand sure and strong , be the religion professed never so absurd . i answer , that it may doe so indeed by accident , through the strange peculiar temper , and grosse ignorance of a people ; as we see it happens in the turks , the best part of whose policy , supposing the absurdity of their religion , is this , that they prohibit schooles of learning ; for this hinders knowledge , and disputes , which such a religion would not bear . but suppose wee , that the learning of these western nations were as great there as here , and the alcoran as common to them as the bible to us , that they might have free recourse to search and examine the flawes and follies of it , and withall that they were of as inquisitive a temper as we : and who knows , but as there are vicissitudes in the government , so there may happen the same also in the temper of a nation . if this should come to pass , where would be their religion ? and then let every one judge , whether the arcana imperii , and religionis would not fall together . they have begun to totter already ; for , mahomet , having promised to come , and visit his followers , and translate them to paradise after a thousand years , this being expired , many of the persians beganne to doubt and smell the cheat , till the mufti or cheif priest told them , that it was a mistake in the figure , and assured them , that upon more diligent survey of the records , hee found it two thousand instead of one . when this is expired , perhaps they will not be able to renew the fallacy . i say therefore , that though this government continues firme in the exercise of a false religion , yet this is by accident , through the present genius of the people , which may change ; but this does not prove , but that the nature of such a religion ( of which we onely now speak ) tends to subvert and betray the civill power . hence machiavel himself , in his animadversions upon livy , makes it appear , that the weaknesse of italy , which was once so strong , was caused by the corrupt practises of the papacy , in depraving , and misusing religion to that purpose , which he , though himself a papist , sayes could not have hapned , had the christian religion been kept in its first , and native simplicity . thus much may suffice for the clearing of the first proposition . the inferences from hence are two . . if government depends upon religion , then this shews the pestilential design of those that attempt to disjoyn the civil and ecclesiastical interests , setting the latter wholly out of the tuition of the former . but 't is clear that the fanaticks know no other step to the magistracy but through the ruin of the ministry . there is a great analogy between the body natural and politick ; in whith the ecclesiastical or spiritual part , justly supplyes the part of the soul ; and the violent separation of this from the other , does as certainly infer death & dissolution , as the disjunction of the body and the soul in the natural ; for when this once departs , it leaves the body of the cōmon-wealth a carcass , noysom , and exposed to be devoured by birds of prey . the ministery will be one day found according to christs word , the salt of the earth , the only thing that keeps societies of men from stench and corruption . these two interests are of that nature , that 't is to be feared they cannot be divided , but they will also prove opposite ; and not resting in a bare diversity , quickly rise into a contrariety : these two are to the state , what the elements of fire and water to the body , which united compose , separated destroy it . i am not of the papists opinion , who would make the spiritual above the civill state in power as well as dignity , but rather subject it to the civill ; yet thus much i dare affirm , that the civill , which is superiour , is upheld and kept in being by the ecclesiasticall and inferiour ; as it is in a building , where the upper part is supported by the lower ; the church resembling the foundation , which indeed is the lowest part , but the most considerable . the magistracy cannot so much protect the ministery , but the ministers may doe more in serving the magistrate . a tast of which truth you may take from the holy war , to which how fast and eagerly did men goe , when the priests perswaded them , that whoever dyed in that expedition was a martyr ? those that will not be convinced what a help this is to the magistracy , would find how considerable it is , if they should chance to clash , this would certainly eat out the other . for the magistrate cannot urge obedience upon such potent grounds , as the minister , if so disposed , can urge disobedience . as for instance , if my governour should command me to doe a thing , or i must dye , or forfeit my estate ; and the minister steps in , and tells me , that i offend god , and ruine my soul , if i obey that command ; it 's easie to see a greater force in this perswasion from the advantage of its ground . and if divines once begin to curse meros , we shall see that levi can use the sword as well as simeon ; and although ministers doe not handle , yet they can employ it . this shews the imprudence , as well as the danger of the civil magistrates exasperating those that can fire mens consciences against him , and arme his enemies with religion : for i have read heretofore of some , that having conceived an irreconcileable hatred of the civil m●gistrate , prevailed with men so farre , that they went to resist him even out of conscience , and a full perswasion and dread upon their spirits , that not to doe it were to desert god , and consequently to incurre damnation . now when mens rage is both heightned and sanctified by conscience , the war will be fierce ; for what is done out of conscience , is done with the utmost activity . and then campanella's speech to the king of spain will bee found true , religio semper vicit , praesertim armata : which sentence deserves seriously to be considered by all governours , and timely to be understood , lest it comes to be felt. . if the safety of government is founded upon the truth of religion , then this shews the danger of any thing that may make even the true religion suspected to be false . to be false , and to be thought false , is all one in respect of men , who act not according to truth , but apprehension . as on the contrary , a false religion , while apprehended true , has the force and efficacy of truth . now there is nothing more apt to induce men to a suspition of any religion , than frequent innovation and change : for since the object of religion , god , the subject of it , the soul of man , and the businesse of it , truth , is alwayes one and the same : variety and novelty is a just presumption of falsity : it argues sickness and distemper in the minde , as well as in the body , when a man is continually turning and tossing from one side to the other . the wise romans ever dreaded the least innovation in religion : hence we find the advice of mecanas to augustus caesar in dion cassius in the book . where hee counsels him to detest , and persecute all innovators of divine worship , not onely as contemners of the gods , but as the most pernicious disturbers of the state : for when men venture to make changes in things sacred , it argues great boldness with god , and this naturally imports little belief of him : which if the people once perceive , they will take their creed also , not from the magistrates law , but his example . hence in england , where religion has been still purifying , and hereupon almost alwaies in the fire and furnace ; atheists , and irreligious persons have took no small advantage from our changes . for in king edward the sixts time , the divine worship was twice altered in two new liturgies . in the first of queen mary , the protestant religion was persecuted with fire and faggot , by law and publick counsel , of the same persons , who had so lately established it . upon the coming in of queen elizabeth , religion was changed again , and within a few daies the publick council of the nation made it death for a priest to convert any man to that religion , which before with so much eagerness of zeal had been restored . so that it is observed by an author , that in the space of twelve years there were four changes about religion made in england , & that by the publick councill , and authority of the realm , which were more than were made by any christian state throughout the world in fifteen hundred years before . hence it is that the enemies of god take occasion to blaspheme , and call our religion statisme : and now adding to the former , those many changes that have hapned since , j am afraid we shall never be able to claw off that name . nor , though we may satisfie our own consciences in what we professe , to repell and cleare off the objections of the rational world about us , which not being interested in our changes as we are , will not judge of them as we judge : but debate them by impartiall reason , by the nature of the thing , the generall practise of the church ; against which new lights , suddain impulses of the spirit , extraordinary calls , will be but weak arguments to prove any thing but the madnesse of those that use them , and that the church must needs wither , being blasted with inspiration . we see therefore how fatall and ridiculous innovations in the church are : and indeed when changes are so frequent , it is not properly religion , but fashion . this j think we may build upon as a sure ground , that where there is continuall change , there is uncertainty , and uncertainty in religion , is a sufficient reason , if not to deny , yet to doubt of its truth . thus much for the first doctrine , j proceed now to the second , viz. that the next , and most effectuall way to destroy religion , is to embase the teachers and dispencers of it . in the handling of this j shall shew , . how the dispensers of religion , the ministers of the word are embased or rendred vile . . how the embasing or vilifying them is a means to destroy religion . . for the first of these , the ministers and dispencers of the word are rendred base or vile two waies . . by devesting them of all temporall priviledges , and advantages , as inconsistent with their calling . it is strange since the priests office heretofore was alwaies splendid , and almost regall , that it is now looked upon as a piece of religion , to make it low and sordid . so that the use of the word minister is brought down to the signification of it , a servant : for now to serve and to minister , servile and ministeriall , are termes equivalent . but in the old testament the same word signifies a priest , and a prince , or cheif ruler : hence , though wee translanslate it priest of on , gen. . and priest of midian , exod. . and , as it is with the people so with the priest , isa. . iunius and tremellius render all these places not by sacerdos , priest , but by praeses , that is , a prince , or at least a chief counsellour , or minister of state. and it is strange , that the name should be the same , when the nature of the thing is so exceeding different . the like also may be observed in other languages , that the most illustrious titles are derived from things sacred , and belonging to the worship of god. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it was the title of the christian caesars , correspondent to the latine augustus , and it is derived from the same word that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , cultus , ●es sacra , or sacrificium . and it is usuall in our language to make sacred , an epithete to ma●esty : there was a certaine royalty in things sacred . hence the apostles , who i thinke was no enemy to the simplicity of the gospel , speaks of a royall priesthood , pet. . which shews at least , that there is no contradiction or impiety in those tearmes . in old time , before the placing this office onely in the line of aaron , the head of the family , and the first-borne offered sacrifice for the rest , that is , was their priest. and we know that such rule and dignity belonged at first to the masters of families , that that they had ius vitae & necis , jurisdiction and power of life and death in their own family , and from hence was derived the beginning of kingly government ; a king being onely a civill head , or master of a politick family , the whole people ; so that we see the same was the foundation of the royall and sacerdotall dignity . as for the dignity of this office among the jews , it is so pregnantly set forth in holy writ , that it is unquestionable . kings and priests are still mentioned together , in the lamen . . the lord hath dispised in the indignation of his anger , the king and the priest , hosea , hear o priests , and give ear o house of the king. deut. . and the man that does presumptuously , and will not hearken unto the priest that standeth there to minister before the lord thy god , or unto the iudge , even that man shall dye . hence paul , together with a blow , received this reprehension , act. . . revilest thou gods high priest ? and paul in the next verse does not defend himselfe , by pleading an extraordinary motion of the spirit , or that hee was sent to reforme the church , and might therefore lawfully vilifie the priesthood , and all sacred orders ; but in the . v. he makes an excuse , and that from ignorance , the onely thing that could take away the fault ; namely , that he knew not that he was the high priest , and subjoines a reason which further advances the truth here defended : for it is written thou shalt not speak evil of the ruler of thy people . to holy writ we might adde the testimony of iosephus of next authority to it in things concerning the jews , who in sundry places of his history , sets forth the dignity of the priests , and in his second book against appion the grammarian , he has these words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the priests were constituted judges of all doubtfull causes . hence iustire also in his booke has this , semper apud iudaeos mos fuit , ut eosdem reges & sacerdotes , haberent : though this is false , that they were alwaies so , yet it argues that they were so frequently , and that the distance between them w●s not gre●t . to the jews we may joyne the egyptians , the first masters of learning and philosophy . synesius in his epist. having shewen the generall practise of antiquity , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gives an instance in the jews and egyptians , who for a many ages , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , had no other kings but priests . next we may take a view of the practise of the romans : numa pompilius , that civilized the fierce romans , is reported in the . book of livy , sometimes to have performed the priests office himself . tum sacerdotibus creandis animum adjecit , quamquàm ipse plurima sacra obibat , but when he made priests , hee gave them a dignity almost the same with himself . and this honour continued together with the valour and prudence of that nation . for the success of the romans did not extirpate their religion . the colledge of the priests being in many things exempted even from the jurisdiction of the senate , afterwards the supream power . hence iuvenal in his . sat. mentions the priesthood of mars , as one of the most honourable places in rome . and iul. caesar who was chose priest in his minority , thought it not below him to continue the same office when he was created absolute governour of rome under the name of perpetuall dictator . adde to these the practise of the gaules mentioned by caesar in his . book de bello gallico , where he saies of the druides , who were their priests , that they did judge de omnibus ferè controversiis publicis privatisque . see also homer in the . book of his iliads representing chryses the priest of apollo with his golden scepter , as well as his golden censer . but why have i produced all these examples of the heathens ? is it to make these a ground of our imitation ? no , but to shew , that the giving honour to the priesthood , was a custome universall amongst all civilized nations : and whatsoever is universall , is also naturall , as not being founded upon compact , or the particular humours of men , but flowing from the native results of reason : and that which is natural , neither does nor can oppose religion . but you will say , this concernes not us , who have an expresse rule and word revealed . christ was himself poor and despised , and withall has instituted such a ministery . to the first part of this plea i answer ; that christ came to suffer , yet the sufferings and miseries of christ , does not oblige all christians to undertake the like . for the second , that the ministery of christ was low , and despised by his institution , i utterly deny . it was so indeed by the malice and persecution of the heathen princes , but what does this argue or inferre for a low , dejected ministery in a flourishing state , which professes to encourage christianity ? but to dash this cavill , read but the practise of christian emperours and kings all along down from the time of constantine , in what respect , what honour and splendour they treated the ministers , and then let our adversaries produce their puny , pittifull arguments for the contrary , against the generall , clear , undoubted vogue and current of all antiquity . as for two or three little countries about us , the learned and impartiall will not value their practice ; in one of which places the minister has been seen , for meer want to mend shooes on the saturday , and been heard to preach on the sunday . in the other place , stating the severall orders of the citizens , they place their ministers after their apothecaries : that is , the physician of the soul after the drugster of the body : a fit practice for those , who if they were to ranck things as well as persons , would place their religion after their trade . and thus much concerning the first way of debasing the ministers and ministery . . the second way is by admitting ignorant , sordid , illiterate persons to this function . this is to give the royall stamp to a piece of lead . i confesse , god has no need of any mans parts , or learning ; but certainly then , he has much lesse need of his ignorance , and ill behaviour . it is a sad thing when all other employments shall empty themselves into the ministery : when men shall repair to it , not for preferment , but refuge ; like malefactors , flying to the altar onely to save their lives ; or like those of ely's race , sam. . . that should come crouching , and seek to be put into the priests office , that they might eat a piece of bread. heretofore there was required splendour of parentage to recommend any one to the priesthood , as iosephus witnesses in a treatise that he wrote of his owne life ; where he sayes , to have right to deale in things sacred , was amongst them accounted an argument of a noble and illustrious descent . god would not accept the offals of other professions . doubtlesse many rejected christ , upon this thought , that he was the carpenters sonne , who would have embraced him , had they known him to have been the sonne of david . the preferring undeserving persons to this great se●vice , was eminently ieroboams sin ; and how ieroboams practise and offence has been continued amongst us in another guise , is not unknown : for has not learning unqualified men for approbation to the ministery ? has not parts and abilities been reputed enemies to grace , and qualities no wayes ministeriall ? whiles friends , faction , well-meaning , and little understanding , have been accomplishments beyond study and the university ; and to falsifie a story of conversion , beyond pertinent answers and clear resolutions to the hardest and most concerning questions . so that matters have been brought to this passe , that if a man amongst his sonnes had any blind , or disfigured , he laid him aside for the ministery , and such an one was presently approved , as having a mortified countenance . in short , it was a fierie furnace , that often approved drosse , and rejected gold. but thanks be to god , those spirituall wickednesses are now discharged from their high places . hence it was , that many rushed into the ministery , as being the onely calling that they could profess , without serving an apprentiship . hence also we have had those that could preach sermons , but not defend them . the reason of which is clear , because the works and writings of learned men might be borrowed , but not their abilities . had indeed the old leviticall hierarchy still continued , in which it was part of the ministerial office to slay the sacrifices , to cleanse the vessels , to scoure the flesh-forks , to sweep the temple , and carry the filth and rubbish to the brook kidron . no persons living had been sitter for the ministery , and to serve in this nature at the altar . but since it is made a labour of the mind ; as to inform mens judgements , and move their affections , to resolve difficult places of scripture , to decide and clear off controversies , i cannot see how to be a butcher , scavinger , or any other such trade , does at all qualifie , or prepare men for this work . but as unfit as they were , yet to clear a way for such into the ministery , wee have had almost all sermons full of gibes and scoffs at humane learning . away with vain philosophy , with the disputer of this world , and the enticing words of mans wisdome , and set up the foolishnesse of preaching , the simplicity of the gospel : thus divinity has been brought in upon the ruines of humanity ; by forcing the words of the scripture from the sense , and then haling them to the worst of drudgeries , to set a ius divinum upon ignorance and imperfection , and recommend naturall weakness for supernaturall grace . hereupon the ignorant have took heart to venture upon this great calling , and instead of cutting their way to it , according to the usuall course , through the knowledge of the tongues , the study of philosophy , school-divinity , the fathers and councils , they have taken another , and a shorter cut , and having read perhaps a treatise or two upon the heart , the bruised reed , the crums of comfort , wollebius in english , and some such other little authors , the usuall furniture of old womens closets , they have set forth as accomplished divines , and forthwith they present themselves to the service ; and there has not been wanting ieroboams , as willing to consecrate , and receive them , as they to offer themselves . and this has been one of the most fatall , and almost irrecoverable blows that has been given to the ministery . and this may susfice concerning the second way of embasing gods ministers ; namely , by entrusting the ministery with raw , unlearned , ill-bred persons , so that what solomon speaks of a proverb in the mouth of a fool , the same may be said of the ministery vested in them , that it is like a pearle in a swines snout . i proceed now to the second thing proposed in the discussion of this doctrine , which is to shew , how the embasing of the ministers tends to the destruction of religion . this it does two wayes . . because it brings them under exceeding scorn and contempt ; and then let none think religion it self secure : for the vulgar have not such logicall heads as to be able to abstract ; such subtile conceptions , as to separate the man from the minister , or to consider the same person under a double capacity , and so honour him as a divine , while they despise him as a poor but suppose they could , yet actions cannot distinguish as conceptions doe , and therefore every act of contempt it strikes both , and unavoydably wounds the ministery through the sides of the minister . and wee must know , that the least degree of contempt weakens religion , because it is absolutely contrary to the nature of it , religion properly consisting in a reverentiall esteem of things sacred . now that which in any measure weakens religion will at length destroy it : for the weakning of a thing is onely a partiall destruction of it . poverty and meanesse of condition is exposes the wisest to scorn ; it being naturall for men to place their esteem , rather upon things great than good ; and the poet observes that this infelix & paupertas has nothing in it more intolerable than this , that it renders men ridiculous . and then how easie and naturall it is for contempt to passe from the person to the office , from him that speaks , to the thing that he speaks of , experience proves . counsell being seldome valued so much for the truth of the thing , as the credit of him that gives it . observe an excellent passage to this purpose in the eccl. . . wee have an account of a little city with few men in it , besieged by a great and potent king , and in the . v. we read , that there was found in it a poor wise man , and he by his wisdome delivered the city . a worthy service indeed , and certainly we may expect that some honourable recompence should follow it ; a deliverer of his country , and that in such distresse , could not but be advanced : but we finde a contrary event in the next words of the same verse , yet none remembred that same poor man ? why ? what should be the reason ? was he not a man of parts and wisdome ? and is not wisdome honourable ? yes , but he was poor : but was he not also succesfull as well as wise ? true ; but still he was poor : and once grant this , and you cannot keep off that un●voydable sequel in the next verse , the poor mans wisdome is despised , and his wo●d● are not heard . wee may believe it upon solomons word , who was rich , as well as wise , and therefore knew the force of both : and probably had it not been for his riches , the queen of sheba would never have came so farre onely to have heard his wisdome . observe her behaviour when she came . though upon the hearing of solomons wisdome , and the resolution of her hard questions she expressed a just admiration , yet when solomon afterward shew her his palace , his treasures , and the temple which hee had built , king. . c. . v. it is said , there was no more spirit in her . what was the cause of this ? certainly the magnificence , the pomp and splendour of such a structure : it struck her into an extasy beyond his wise answers . she esteemed this as much above his wisdome , as astonishment is beyond bare admiration . she admired his wisdom , but she adored his magnificence . so apt is the mind , even of wise persons , to be surprised with the superficies , or circumstance of things , and value , or undervalue spirituals , according to the manner of their externall appearance . when circumstances faile , the substance seldome long survives ; cloathes are no part of the body , yet take away cloathes , and the body will dye . livy observes of romulus , that being to give laws to his new romans , he found no better way to procure an esteem and reverence to them , but by first procuring it to himselfe , by splendour of habit and retinue , and other signes of royalty . and the wise numa , his successor took the same course to enforce his religious laws , namely , by giving the same pomp to the priest who was to dispense them . sacerdo●em creavit , insignique eum veste , & curuli regiâ sollâ adornavit . that is , he adorned him with a rich robe , and a royall chair of state. and in our judicatures take away the trumpet , the scarlet , the attendance , and the lordship , which would be to make justice naked , as well as blind , the law would lose much of its terror , and consequently of its authority . let the minister be abject and low , his interest inconsiderable , the word will suffer for his sake : the message will still find reception according to the dignity of the messenger . imagine an ambassadour presenting himselfe in a poor freeze jerkin , and tattered cloathes , certainly he would have but small audience , his embasy would speed rather according to the meaness of him that brought , than the majesty of him that sent it . it will fare alike with the ambassadours of christ , the people will give them audience according to their presence . a notable example of which we have in the behaviour of some to paul himselfe , cor. . c. . v. hence in the jewish church it was cautiously provided in the law , that none that was blind or lame , or had any remarkable defect in his body , was capable of the priestly office : because these things naturally make a person contemned , and this presently reflects upon the function . this therefore is the first way by which the low , despised condition of the ministers , tends to the destruction of the ministery and religion : namely , because it subjects their persons to scorn , and consequently their calling : and it is not imaginable that men will be brought to obey what they cannot esteem . . the second way by which it tends to the ruine of the ministery is , because it discourages men of fit and raised abilities from undertaking it . and certaine it is , that as the calling dignifies the man , so the man much more advances his calling . as a garment , though it warmes the body , it has a returne with an advantage , being much more warmed by it . and how often a good cause may miscarry without a wise mannager ; and the faith for want of a defender , is , or at least may be known . 't is not the truth of an assertion , but the skill of the disputant that keeps off a baffle ; not the justnesse of a cause , but the valour of the souldiers that must winne the field . when a learned paul was converted , and undertook the ministery , it stopp'd the mouthes of those that said , none but poor , weak fisher-men preached christianity , and so his learning silenced the scandall , as well as strengthned the church . religion placed in a soule of exquisite knowledge and abilities , as in a castle , it finds not only habitation but defence . and what a learned forrein divine said of the english preaching , may be said of all , plus est in artifice quàm in arte. so much of moment is there in the professors of any thing , to depresse , or raise the profession . what is it that kept the church of rome strong , athletick , & flourishing for so many centuries , but the happy succession of the choicest wits engaged to her service by suitable preferments ? and what strength doe we think would that give to the true religion , that is able thus to establish a false ? religion in a great measure stands or falls according to the abilities of those that assert it : and if , as some observe , mens desires are usually as large as their abilities , what course have we took to allure the sormer , that we might engage the latter to our assistance . but we have tooke all wayes to affright and discourage schollars from looking towards this sacred calling : for will men lay out their wit and judgment , upon that employment , for the undertaking of which , both will be questioned ? would men not long since have spent toylsome dayes and watchfull nights in the laborious quest of knowledge preparative to this work , at length to come and dance attendance for approbation from a iuncto of petty tyrants , acted by party and prejudice , who denyed fitness from learning , and grace from morality ? will a man exhaust his livelyhood upon bookes , and his health , the best part of his life upon study , to be at length thrust into a poor village , where he shall have his due precariously , and entreat for his own , and when he has it , live poorly & contemptibly upon it , while the same or lesse labour bestowed upon any other calling , would bring not only comfort , but splendor , not only maintenance but abundance ? 't is i confess the duty of ministers to endure this condition : but neither religion nor reason does oblige either them to approve , or others to choose it . doubtlesse parents will not throw away the towardness of a child , and the expence of education upon a profession whose labour is encreased , and whose rewards vanished . to condemne promising lively parts to contempt , and penury in a despised calling . what is it elss but the casting of a moses into the mud , or to offer a son upon the altar : and instead of a preist to make him a sacrifice . neither let any here reply , that it becomes not a ministeriall spirit to undertake such a calling for reward ? for they must know , that it is one thing to undertake it for a reward , and not to be willing to undertake it , without one : it is one thing to performe good workes only that we may receive the recompence of them in heaven , & another thing not to be willing to follow christ and forsake the world if there were no such recompence . but besides , suppose it were the duty of scholars to chuse this calling in the mid'st of all its discouragements . yet a prudent governour , who knowes it to be his wisdom as well as his duty , to take the best course to advance religion , will not consider mens duty , but their practice : not what they ought to doe , but what they use to doe : and therefore draw over the best qualified to this service , by such wayes , as are most apt to perswade and induce men . solomon built his temple with the tallest cedars : and surely when god refused the defective , and the maimed for sacrifice , we cannot thinke that he requires them for the priesthood . when learning , abilities , and what is excellent in the world forsake the church , we may easily foretell its ruine without the gift of prophesy . and when ignorance succeeds in the place of learning , weakness in the roome of judgment , we may be sure , heresye and confusion will quickly come in the roome of religion . for undoubtedly there is no way so effectuall to betray the truth , as to procure it a weak defender . well : now instead of raising any particular uses from the point , that has been delivered , let us make a breif recapitulation of the whole . government , we see depends upon religion , and religion upon the encouragement of those that are to dispence , and assert it . for the further evidence of which truths we need not travell beyond our own borders ▪ but leave it to every one impartially to judge , whether from the very first day that our religion was unsettled , and church government flung out of doores , the civill government has ever been able to fix upon a sure foundation . we have been changing even to a proverb . the indignation of heaven has been rolling and turning us from one form to another , till at length such a giddiness seazed upon government , that it fell into the very dreggs of sectaryes , that threatned an equall ruin both to the minister and magistrate . and how the state has symphathized with the church , is apparent . for have not our princes , as well as our preists bin of the lowest of the people ? have not coblers , draymen , mechanicks governed , as well as reached ? nay have not they by preaching come to govern ? was ever that of solomon more verified , that servants have rid , while princes , and nobles have gone on foot ? but god has bin pleased by a miracle of mercy to dissipate this confusion and chaos , and to give us some openings , some dawnings of liberty and settlement . but now let not those that are to rebuild our jerusalem , thinke that the temple must be built last . for if there be such a thing as a god , and as religion , as , whether men beleive it or no , they will one day find and feele , assuredly he will stop our liberty , till we restore him his worship . besides , it is a senceless thing in reason , to think that one of these interests can stand without the other , when in the very order of naturall causes , government is preserved by religion . but to return to ieroboam with whom we first began . he laid the foundation of his government in destroying , though doubtless he coloured it with the name of reforming gods worship : but see the issue . consider him cursed by god ; maintaining his usurped title , by continuall vexatious warres against the kings of judah ; smote in his posterity , which was made like the dung upon the face of the earth , as low and vile as those preists whom he had imployed . consider him branded , and made odious to all after ages . and now when his kingdome , and glory was at an end ; and he and his posterity rotting under ground , and his name stinking above it . judge what a worthy prize he made in getting of a kingdome , by destroying the church . wherefore the summ of all is this ; to advise and desire those whom it may concern , to consider ieroboams punishment , and then they will have little heart to ieroboams sinne . finis . aarons rod blossoming, or, the divine ordinance of church-government vindicated so as the present erastian controversie concerning the distinction of civill and ecclesiasticall government, excommunication, and suspension, is fully debated and discussed, from the holy scripture, from the jewish and christian antiquities, from the consent of latter writers, from the true nature and rights of magistracy, and from the groundlesnesse of the chief objections made against the presbyteriall government in point of a domineering arbitrary unlimited power / by george gillespie ... gillespie, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) aarons rod blossoming, or, the divine ordinance of church-government vindicated so as the present erastian controversie concerning the distinction of civill and ecclesiasticall government, excommunication, and suspension, is fully debated and discussed, from the holy scripture, from the jewish and christian antiquities, from the consent of latter writers, from the true nature and rights of magistracy, and from the groundlesnesse of the chief objections made against the presbyteriall government in point of a domineering arbitrary unlimited power / by george gillespie ... gillespie, george, - . [ ], p. printed by e.g. for richard whitaker ..., london : . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ecclesiastical law -- great britain. church and state -- great britain. church polity. excommunication. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion aarons rod blossoming . or , the divine ordinance of church-government vindicated , so as the present erastian controversie concerning the distinction of civill and ecclesiasticall government , excommunication , and suspension , is fully debated and discussed , from the holy scripture , from the jewish and christian antiquities , from the consent of latter writers , from the true nature and rights of migistracy , and from the groundlesnesse of the chiefe objections made against the presbyteriall government in point of a domineering arbitrary unlimited power . by george gillespie minister at edinburgh . for unto us a child is born , unto us a sonne is given , and the government shall be upon his shoulder . isaiah . . let the elders that rule well be counted worthy of double honour , tim. . . and the spirits of the prophets are subject to the prophets , for god is not the author of confusion but of peace . cor. , . august . lib. contra donatistas post collationem , cap. . ne fortè aut indisciplinata patientia foveat iniquitatem , aut impatiens disciplina dissipet unitatem . published by authority . london , printed by e. g. for richard whitaker , at the signe of the kings armes in pauls church yard . . to the reverend and learned assembly of divines convened at westminster . right reverend , though many faithfull servants of god did long agoe desire to see those things which we see , and to heare those things which we heare ; yet it hath been one of the speciall mercies reserved for this generation , and denied to the times of our ancestors , that divines of both kingdomes within this island , should be gathered and continued together , to consult peaceably and freely concerning a reformation of religion in doctrine , worship , discipline , and government . 't is a mercy yet greater , that two nations formerly at so great a distance in the form of publike worship and churchgovernment , should ( to their mutuall comfort and happines , and to the further endearing of each to other ) through the good hand of god be now agreed upon one directory of worship , and with a good progresse advanced , as in one confession of faith , so likewise in one forme of church-government . for all which , as the other reformed churches , ( in regard of their common interest in the truth and ordinances of christ ) so especially your brethren in the church of scotland are your debters : your name is as precious oynment among them , and they doe esteeme you very highly in love for your workes sake . a worke , which as it is extraordinary and unparalleld , requiring a double portion of the spirit of your master , so you have very many hearts and prayers going along with you in it , that the pleasure of the lord may prosper in your hand . as for my reverend colleagues and my selfe , it hath been a good part of our happinesse that we have been partakers of , and assistants in your grave and learned debates . yet ( as we declared from our first comming amongst you , ) we came not hither presuming to prescribe any thing unto you , but willing to receive as well as to offer light , and to debate matters freely and fairely from the word of god , the common rule both to you and us . as herein you were pleased to give testimony unto us in one of your letters to the generall assembly of the church of scotland , so the great respects which in other things and at other times you have expressed , both towards that church from which we are entrusted , and particularly towards our selves , doe call for a returne of all possible and publique testimonies of gratitude . for which purpose , i doe for my part take hold of this opportunity . i know that i owe much more unto you , then i have either ability to pay , or elocution to set forth . yet although i cannot retaliate your favours , nor render that which may be worthy of your selves ; i beseech you to accept this part of my retribution of respects . i doe offer and entitle unto you this enucleation of the erastian controversie , which is dignus vindice nodus . i hope here is a word in season concerning it . others might have done better , but such furniture as i had , i have brought to the worke of the tabernacle . i submit what is mine unto your greater learning and better judgement , and shall ever continue yours to serve you , geo. gillespie . to the candid reader . i have often and heartily wished that i might not be distracted by nor ingaged into polemick writings , of which the world is too full already , and from which many more learned and idoneous have abstained ; and i did accordingly resolve that in this controversall age i should be slow to write , swift to read and learne . yet there are certaine preponderating reasons which have made me willing to be drawn forth into the light upon this subject . for beside the desires and sollicitations of diverse christian friends , lovers of truth and peace , seriously calling upon me for an answer to m r prynne his vindication of his foure questions concerning excommunication and suspension , the grand importance of the erastian controversie , and the strong influence which it hath into the present juncture of asfaires , doth powerfully invite me . among the many controversies which have disquieted and molested the church of christ , those concerning ecclesiasticall government and discipline are not the least , but among the chiefe , and often mannaged with the greatest animosity and eagernesse of spirit , whence there have growne most dangerous divisions and breaches , such as this day there are , and for the future are to be expected , unlesse there shall be ( through gods mercy ) some further composing and healing of these church-consuming distractions : which if we shall be so happy as once to obtaine , it will certainely contribute very much toward the accommodation of civill and state-shaking differences . and contrariwise , if no healing for the church , no healing for the state. let the gallio's of this time ( who care for no intrinsecall evill in the church ) promise to themselves what they will , surely he that shall have cause to write with nicolaus de clemangis , a booke of lamentation de corrupto ecclesiae statu , will finde also cause to write with him de lapsu & reparatione justitiae . as the thing is of high concernment to these so much disturbed and divided churches , so the elevation is yet higher by many dègrees ; this controversie reacheth up to the heavens , and the top of it is above the clouds . it doth highly concerne iesus christ himselfe , in his glory , royall prerogative , and kingdome , which he hath and exerciseth as mediator and head of his church . the crowne of iesus christ , or any part , priviledge , or pendicle thereof must needs be a noble and excellent subject . this truth that iesus christ is a king , and hath a kingdome and government in his church , distinct from the kingdomes of this world , and from the civill government , hath this commendation and character above all other truths , that christ himselfe suffered to the death for it , and sealed it with his blood . for it may be observed from the story of his passion , a this was the onely point of his accusation , which was confessed and avouched by himselfe , b was most aggravated , prosecuted , and driven home by the iewes , c was prevalent with pilate as the cause of condemning him to die , and d was mentioned also in the superscription upon his crosse . and although in reference to god , and in respect of satisfaction to the divine justice for our sinnes , his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a price of redemption , yet in reference to men who did persecute , accuse , and condemne him , his death was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a martyrs testimony to seale such a truth . this kingly office of iesus christ ( as well as his propheticall ) is administred and exercised , not onely inwardly and invisibly by the working of his spirit in the soules of particular persons , but outwardly also and visibly in the church , as a visible politicall ministeriall body , in which he hath appointed his own proper officers , ambassadours , courts , laws , ordinances , censures , and all these administrations , to be in his own name , as the onely king and head of the church . this was the thing which herod and pilate did , and many princes , potentates , and states doe looke upon , with so much feare and jealousie , as another government co-ordinate with the civill . but what was darke upon the one side to them , hath been light upon the other side to those servants of iesus christ who have stood , contended , and sometime suffered much for the ordinance of church-government and discipline , which they looked upon as a part of christs kingdome . so e bucer . so f parker . so g m. welseh my countreyman of precious memory , who suffered much for the same truth , and was ready to seale it with his blood . beside divers others who might be named , especially learned didoclavius in his altare damascenum cap. . and throughout . i am not ignorant that some have an evill eye upon all government in a nation , distinct from civill magistracy , and if it were in their power they would have all anti-erastians ( and so consequently both presbyterians and independents ) lookt upon as guilty of treason , at least , as violaters of , and encroachers upon the rights and priviledges of magistracy , in respect of a distinct ecclesiasticall government . and indeed it is no new thing for the most faithfull ministers of iesus christ to be reproached and accused as guilty of treason , which was not onely the lot of m. calderwood , and ( as hath been now shewed ) of m. welsch , and those that suffered with him , h but of m. knox before them , as likewise of many martyrs and confessors , and i of the apostles themselves . yet ( if we will judge righteous judgement , and weigh things in a just ballance ) we doe not rob the magistrate of that which is his , by giving unto christ that which is christs . we desire to hold up the honour and greatnesse , the power and authority of magistracy , against papists , anabaptists , and all others k that despise dominion , and speake evill of dignities . we doe not l compare ( as innocentius did ) the civill and the ecclesiasticall powers , to the two great lights , that to the moone , this to the sunne . we hold m it is proper to kings , princes and magistrates , to be called lords , and dominators over their subjects whom they governe civilly , but it is proper to christ onely to be called lord and master in the spirituall government of the church ; and all others that beare office therein , ought not to usurpe dominion therein , nor be called lords , but onely ministers , disciples and servants . we acknowledge and affirme n that magistracy and civill government in empires , kingdomes , dominions , and cities , is an ordinance of god for his owne glory , and for the great good of mankind , so that whoever are enemies to magistracy , they are enemies to mankind and to the revealed will of god : o that such persons as are placed in authority , are to be beloved , honoured , feared , and holden in a most reverend estimation , because they are the lieutenants of god , in whose seat god himselfe doth sit and judge ; we teach p that not onely they are appointed for civill policy , but also for maintenance of the true religion , and for suppressing of idolatry and superstition whatsoever . we confesse q that such as resist the supreame power , doing that thing which appertaineth to his charge , doe resist gods ordinance ; and therefore cannot be guiltlesse . and further we affirme , that whosoever deny unto them their ayd , counsell and comfort , whilest the princes and rulers vigilantly travell in execution of their office , that the same men deny their help , support , and counsell to god , who by the presence of his lieutenant doth crave it of them . we know and believe , r that though we be free , we ought wholly in a true faith holily to submit our selves to the magistrate , both with our body , and with all our goods , and endeavour of mind , also to performe faithfulnesse , and the oath which we made to him , so far forth as his government is not evidently repugnant to him for whose sake we doe reverence the magistrate . s that we ought to yeeld unto kings and other magistrates in their owne stations , feare , honour , tribute , and custome , whether they be good men or evill , as likewise to obey them , in that which is not contrary to the word of god : it being alwaies provided that in things pertaining to our soules and consciences , we obey god onely and his holy word . we believe t that god hath delivered the sword into the hands of the magistrates , to wit , that offences may be repressed , not onely those which are committed against the second table , but also against the first . we doe agree and avouch , u that all men of what dignity , condition , or state soever they be , ought to be subject to their lawfull magistrates , and pay unto them subsidies and tributes , and obey them in all things which are not repugnant to the word of god. also they must poure out their prayers for them , that god would vouchsafe to direct them in all their actions , and that we may lead a peaceable and quiet life under them , with all godlinesse and honesty . we teach x that it doth belong to the authority and duty of the magistrate , to forbid and ( if need be ) to punish such sinnes as are committed against the ten commandements or the law naturall : as likewise to adde unto the law naturall some other lawes , defining the circumstances of the naturall law , and to keepe and maintaine the same by punishing the transgressors . we hold y that the lawes of the realme may punish christian men with death , for heynous and grievous offences . and that it is lawfull for christian men , at the command of the magistrate , to beare arme , and to serve in just warres all these things we doe sincerely , really , constantly , faithfully , and cheerfully yeeld unto and assert in behalfe of the civill magistrate . so that the cause which i now take in hand doth not depresse but exalt , doth not weaken but strengthen magistracy . i doe not plead against the power of the sword when i plead for z the power of the keys . these two are most distinct , they ought not to be confounded , neither need they to clash or interfeere between themselves . the controversie is not about taking from the magistrate what is his , but about giving to christ that which is his . we hold a reciprocall subordination of persons , but a coordination of powers . a as the ministers and others of the ecclesiastical estate are subject to the magistrate civill , so ought the person of the magistrate be subject to the church spiritually , and in ecclesiasticall government . and the exercise of both these jurisdictions cannot stand in one person ordinarily . againe , b the magistrate neither ought to preach , minister the sacraments , nor execute the censures of the church , nor yet prescribe any rule how it should be done , but command the ministers to observe the rule commanded in the word , and punish the transgressors by civill meanes . the ministers exerce not the civill jurisdiction , but teach the magistrate , how it should be exercised according to the word . c the laws and statutes of geneva doe at once ratifie the ecclesiasticall presbyteriall power of iurisdiction or censure , and withall appoint that ministers shall not take upon them any civill jurisdiction , but where there shall be need of compulsion or civill punishments , that this be done by the magistrate . yea , under a popish magistrate ( as in france ) and even under the turke himselfe many churches doe enjoy not onely the word and sacraments , but a free church government and discipline within themselves , rectio disciplinae libera , which is thought no prejudice to the civill government , they that governe the churches having no dominion nor share of magistracy . vide d. chytraei orat . de statu ecclesiarum in graecia &c. i know well , that there are other horrid calumnies and mis-representations of presbyteriall government , besides that of encroaching upon magistracy : but they are as false as they are foule . and although we goe upon this disadvantage d which demosthenes ( being loadened with a heavy charge and grievous aspersions by e aeschines ) did complaine of , that though by right both parties should be heard , yet the generality of men doe with pleasure hearken to reproaches and calumnies , but take little or no pleasure to heare mens clearing of themselves or their cause ; and that his adversary had chosen that which was more pleasant , leaving to him that which was more tedious : neverthelesse i must needs expect from all such as are conscionable and faithfull in this cause and covenant , that their eares shall not be open to calumnies , and shut upon more favourable informations . and however , let the worst be said which malice it selfe can devise , it shall be no small comfort to me , that our lord and master hath said , f blessed are ye when men shall revile you , and persecute you , and shal say all manner of evill against you falsely for my names sake . i know also that a government and discipline in the church ( the thing which i now undertake to plead for ) is a very displeasing thing g to those that would faine enjoy liberty either of pernicious errors , or grosse prophannesse . but ( as maimonides saith well ) we must not judge of the easinesse or heavinesse of a law according to the affections and lust of any evill man , being rash ( in judgement ) and given to the worst vices ; but according to the understanding of one who is most perfect among men , like unto whom , according to the law , all others ought to be . more nevochim part . . cap. . no marvell that the licentious hate that way wherein they shall finde themselves hemmed in , if not hedged up with thornes . and that they may the more flatter themselves in their sinfull licentiousnesse , they imagine that christs yoke is easie and his burthen light , to the flesh as well as to the spirit , to carnall as well ▪ as to spirituall men . for my part if i have learned christ aright , i hold it for a sure principle , that in so farre as a man is spirituall and regenerate , in as farre his flesh is under a yoake ; and in so farre as he is unregenerate , in as farre his flesh is sine jugo without a yoke . the h healing of the spirit is not without the smiting of the flesh . when i speake of this divine ordinance of church government , my meaning is not to allow , muchlesse to animate any in the too severe and over strict exercise of ecclesiasticall discipline and censures . it was observed by i hierome , as one of the errors of the montanists : illi ad omne pene delictum ecclesiae obserant fores . they shut the church doore , ( that is , they excommunicate and shut out of the church ) almost at every offence . i confesse the greater part are more apt to faile in the defect , then in the excesse , and are like to come too short , rather than to goe too farre . yet a failing there may be , and hath been both waies . the best things , whether in church or state , have been actually abused , and may be so againe , through the error and corruption of men . the holy scripture it selfe is abused to the greatest mischiefes in the world , though in its owne nature it serves for the greatest good in the world . the abuse of a thing which is necessary , and especially of a divine ordinance , whether such abuse be feared or felt , ought not , may not prejudice the thing it selfe . my purpose and endeavour shall be ( wherein i beseech the ▪ lord to help my infirmities ) to own the thing , to disowne the abuses of the thing , to point out the path of christs ordinance , without allowing either rigour against such as ought to be tenderly dealt with , or too much lenity towards such as must be saved with feare , and pulled out of the fire , or at all any aberration to the right or left hand . i have had much adoe to gaine so many ●…orae sub●…isivae from the works of my publique calling , as might suffice for this worke . i confesse it hath cost me much paines , and i thinke i may say without presumption , he that will goe about solidly to answer it , will finde it no easie matter . subitane lucubrations will not doe it . but if any man shall by unanswerable contrary reasons or evidenees discover error or mistake in any of my principles , let truth have the victory , let god have the glory . onely this favour ( i may say this justice ) i shall protest for . first , that my principles and conclusions may be rightly apprehended , and that i may not be charged with any absurd , dangerous or odious assertion , unlesse my own words be faithfully cited from which that assertion shall be gathered , yea also without concealing my explanations , qualifications , or restrictions , if any such there be . which rule to my best observation i have not transgressed , in reference to the opposites . secondly , that as i have not dealt with their nauci , but with their nucleus , i have not scratched at their shell , but taken out their kernell ( such as it is ) i have not declined them , but encountered , yea sought them out , where their strength was greatest , where their arguments were hardest , and their exceptions most probable : so no man may decline or dissemble the strength of my arguments , inferences , authorities , answers and replies , nor thinke it enough to lift up an axe against the uttermost branches , when he ought to strike at the root . thirdly , if there be any acrimony , let it be in a reall and rationall conviction , not in the manner of expression . in which also i aske no other measure to my selfe than i have given to others . t is but in vaine for a man to help the bluntnesse of reason with the sharpnesse of passion : for thereby he loseth more than he gaineth with intelligent readers : the simpler sort may peradventure esteem those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those despicable nothings , to be something , but then they are delu ded , not edified . ▪ therefore let not a man cast sorth a flood of passionate words , when his arguments are like broken cisternes which can hold no water . if any replyer there be of the erastian party , who will confine himselfe within these rules and conditions , as i doe not challenge him , so ( if god spare me life and liberty ) i will not refuse him . but if any shall so reply as to prevaricate and doe contrary to these just and reasonable demands , i must ( to his greater shame ) call him to the orders , and make his tergiversation to appeare . i shall detaine thee ( good reader ) no longer . the lord guide thee and all his people in waies of truth and peace , holinesse and righteousnesse , and grant that this controversie may ( i trust it shall ) have a happy end to the glory of god , to the embracing and exalting of iesus christ in his kingly office , to the ordering of his house according to his owne will , to the keeping pure of the ordinances , to the advancing of holinesse , and shaming of prophanesse , and finally to the peace , quiet , wel-being , comfort , and happinesse of the churches of christ. these things ( without thoughts of provoking any either publike or private person ) the searcher of hearts knoweth to be desired and intended by him who is thine , to please thee , for thy good to edification , geo. gillespie . the contents . the first booke . of the jewish church government . chap. i. that if the erastians could prove what they alledge concerning the iewish church government , yet in that particular the iewish church could not be a president to the christian. the jewish church a patterne to us in such things as were not typicall or temporall . if it could be proved , that the jewes had no supreme sanhodrin but one , and it such as had the power of civill magistracy , yet there are foure reasons for which that could be no president to the christian church . where the constitution , manner of proceedings , and power of the sanhedrin , ure touched . of their synagoga magna , what it was . that the priests had great power and authority not onely in occasionall synods , but in the civill sanhedrin it selfe . chap. ii. that the iewish church was formally distinct from the iewish state or commonwealth . we are content that the erastians appeale to the jewish government . seven distinctions between the jewish church and the jewish state. of the proselytes of righteousnesse , and that they were imbodied into the jewish church , not into the jewish state. chap. iii. that the iewes had an ecclesiasticall sanhedrin and government distinct from the civill . divers authors cited for the ecclesiastcal sanhedrin of the jews . the first institution thereof , exo. . that the choosing & calling forth of these elders is not coincident with the choosing of the elders mentioned num. . nor yet with the choosing of judges exod. . the institution of two coordinate governments , cleared from deut. . a distinct ecclesiasticall government setled by david , chro. . and . the same distinction of civill and church ▪ government revived by iehoshaphat , chro. . that text vindicated . two distinct courts , one ecclesiasticall , another civill , proved from ierem. . another argument for an ecclesiasticall senate from ierem. . . who meant by the wise men of the jewes ? another argument from ezech. . . another from kings . . and ezech. . . another from psal. . . another from zech. . , , . that ezech. . . seemeth to hold forth an ecclesiasticall sanhedrin . that the councell of the chiefe priests , elders and scribes , so often mentioned in the gospel , and in the acts of the apostles , was an ecclesiasticall sanhedrin , and not a civill court of justice , as erastus and m. prynne suppose : which is at length proved . that the civill sanhedrin which had power of life and death did remove from hierusalem , yeeres before the destruction of the temple and city , and consequently neere three yeeres before the death of christ. the great objection , that neither the talmud nor talmudicall writers doe distinguish a civill and an ecclesiasticall sanhedrin , answered . finally , those who are not convinced that there was a distinct ecclesiasticall sanhedrin among the jewes , may yet by other mediums be convinced that there was a distinct ecclesiasticall government among the jewes : as namely , the priests judgement of cleannesse or uncleannesse , and so of admitting or shutting out . chap. iv. that there was an ecclesiasticall excommunication among the iewes : and what it was . fifteen witnesses brought for the ecclesiasticall excommunication among the jewes , all of them learned in the jewish antiquities . of the causes of the jewish excommunication , which were lookt upon formally qua scandals , not qua injuries . of the three degrees of their excommunication , niddui , cherem , and shammata . the manner and form of their excommunication , sheweth that it was a solemne ecclesiasticall censure . formula anathematis . the excommunication of the cuthites . the excommunication among the jewes was a publique and judicial act : and that a private or extrajudicial excommunication was voyd , if not ratified by the court. the effects of the jewish excommunication . that such as were excommunicated by the greater excommunication were not admitted to come to the temple . he that was excommunicated with the lesser excommunication was permitted to come , yet not as other israelites , but as one publiquely bearing his shame . the end of their excommunication was spirituall . chap. v. of the cutting of from among the people off god frequently mentioned in the law. the sence of the hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scanned . that the commination of cutting off a man from his people , or from the congregation of israel , is neither meant of eternall death , nor of dying without children , nor of capitall punishment from the hand of the magistrate , nor yet of cutting off by the immediate hand of god for some secret sinne . reasons brought against all these . that excommunication was meant by that cutting off , proved by six reasons . chap. vi. of the casting out of the synagogue . the casting out of the synagogue is understood by interpret●rs and others to be an excommunication from the church assemblies , and not a civill punishment . eight considerations to prove this . that he who was cast out of the synagogue was shut out , not onely from the company and fellowship of men , but from the place of publique sacred assemblies . it cannot be proved , that he who was cast out of the synagogue was free to enter into the temple . the casting out of the synagogue was abused by the pharisees , as the casting out of the church by diotrephes . chap. vii . other scripturall arguments to prove an excommunication in the iewish church . that the separation from the congregation , ezra . . was excommunication . iosephus explained in this particular . of the devoting of a mans substance as holy to the lord ▪ which was joyned with the excommunication . what meant by the cursing neh. . . that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or separating mentioned luke . . was excommunication , or a segregation not from civil fellowship onely , but from sacred or church communion . the ecclesiasticall use of that word touched . chap. viii . of the iewish exomologesis , or publike declaration of repentance by confession of sinne . the heathens had their publique declaration of repentance from the jewes . the jewish exomologesis proved from the imposition of hands upon the head of the sacrifice . the law lev. . . did also appoint confession of sinne , to be made at the offering of a trespasse offering . which confession was made in the temple , and in the priests hearing ▪ the law of confessing sinne num. , , . explained , and divers particulars concerning confession deduced from it . other proofes of the jewish confession of sins from ioh. . . also from that which interveened between their excommunication and their absolution . from ezra , . that davids confession psalm . was published in the temple , after ministeriall conviction by nathan . that if there be necessity of satisfying an offended brother , how much more of satisfying an offended church ? chap. ix . whether in the iewish church there was any suspension or exclusion of prophane , scandalous , notorious sinners , from partaking in the publique ordinances , with the rest of the children of israel in the temple . the affirmative is proved by plaine and full testimonies of philo , and iosephus , beside some late writers wel acquainted with the jewish antiquities . that the publican luke . came not into the court of israel , but into the court of the gentiles . nor can it be proved , that he was a prophane publican , so much as in the opinion of the pharisees and jews . that the temple into which the adultresse was brought iohn . was also the court of the gentiles : neither was she admitted into the temple for worship , but brought thither for a publique triall and ●entence . seven scripturall arguments brought to prove an exclusion of the scandalous and known prophane persons , from the temple . somewhat de jure zelotarum . what esteem the hebrews had of an hereticall or epicurean israelite . that the temple of ierusalem was a type of christ , ( which is instanced in ten particulars ) and had a sacramentall holinesse in it , so that the analogy is not to be drawn to an exclusion of prophane persons from the word preached , but from the sacrament . chap. x. a debate with m. prynne , concerning the exclusion of prophane scandalous persons from the passeover . the analogy of the law of the passeover , as master prynne understandeth it , wil militat strongly against that which himselfe yeeldeth . that the uncleane might be kept backe from the passeover longer then a moneth . that they were kept back by an authoritative restraint , and were cut off if they did eate in their uncleannesse . that some uncleane persons were not put out of the campe , nor from the company of men , but from the tabernacle and holy things onely . that all uncleane persons were not suspended from all ordinances . that scandalous and flagitious persons were not admitted to a trespasse offering ( which was a reconciling ordinance ) much lesse to the passeover ( which was a sealing ordinance ) without a publique penitentiall confession of their sinne . m. prynnes replyes to this argument of min● confuted . chap. xi . a confutation of the strongest arguments of erastus , namely , those drawn from the law of moses . the strength of these arguments put together . which is not onely e●ervated , but retorted . that the confession of sinne required levit. . . num. . , . was a confession of the particular sin by word of mouth : and that this confession was required even in criminall and capitall cases . that morall , as well as ceremoniall uncleannesse , was a cause of sequestration from the sanctuary , yea much more , the morall uncleannesse being more hatefull to god , more hurtfull and infective to gods people . that the exclusion of the unclean under the law could not so fitly signifie the exclusion from the kingdom of heaven , as from communion with the church in this life . that this legall type did certainly signifie a sequestration of scandalous or morally uncleane persons from church-communion under the new testament , is proved from esay . . cor. . , , , . also from the exposition of peters vision acts . that among the jewes such as attended a litigious action , or at least a capitall judgement , upon the preparation day , were thought defiled and not allowed to eate the passeover . that it was not left to a mans free will to judge of his owne cleannesse or uncleannesse , nor to expiate his sinne when he pleased . that the universall precept for all that were circumcised to eate the passeover , doth admit of other exceptions , beside those that were legally uncleane , or in a journey . the great difference between sacraments and sacrifices , which erastus confoundeth . chap. xii . fourteen arguments to prove that scandalous and presumptuous offenders against the morall law , ( though circumcised , and not being legally uncleane ) were excluded from the passeover . known presumptuous and obstinate sinners , were cut off from among their people , therefore not admitted to the passeover . the jewes themselves held that morall , as wel as ceremoniall uncleannesse did render them incapable of eating the passeover . who were esteemed hereticall or apostat israelites ? who epicurean israelites ? that these and such like were not acknowledged to be in the communion of the church of israel , nor was it allowed to speake or converse with them , muchlesse that they should eate the passeover . grotius his argument , there was an excommunication for ceremoniall uncleannesse , therefore much more for morall uncleannesse . what god did teach his people by the purging out of leaven . if the shew-bread might not be given to davids men , unlesse they had for some space before abstained from their wives , much lesse might known adulterers be admitted to the passeover . ezech. ● . . discussed against mr. coleman . the originall words explained . proph●ne church members have the name of heathens , and strangers . the qualifications of proselytes , without which they were not admitted to circumcision and the passeover . that course was taken ezra . that none defiled with unlawfull marriages might eate the passeover . by erastus his principles the most scandalous conversation was not so hatefull to god as legall uncleannesse . the law of confessing sin , levit. . num. . is meant of every known sin , which was to be expiated by sacrifice , especially the more notorious and scandalous sins . chap. xiii . m. prynnes argument from cor. . ( which he takes to be unanswerable ) discussed and confuted . mr prynne in expounding that text of the passeover differeth both from the apostles , and from erastus himselfe . his argument ( if good ) wil necessarily conclude against his owne concessions . if scandalous sinners had been suspended from the manna , and water of the rocke , they had been suspended from their ordinary orporal meat and drinke . that the scandalous sins mentioned by the apostle , were committed , not before , but after their eating of that spirituall meate , and drinking of that spirituall drinke . the argument strongly retorted . the scandalous sins mentioned by the apostle were nationall sins , and so come not home to the present question , which is of persons , not of nations . an appendix to the first booke . the erastians misrepresent the jewish government . their complyance with the anabaptists in this particular . their confounding of that which was extraordinary in the jewish church , with that which was the ordinary rule . fourteen objections answered . m. prynne his great mistakes of deut. . and chron. . the power and practice of the godly kings of iudah in the reformation of religion cleared . the argument from solomon his deposing of abiathar , and putting zadock in his place , answered foure waies . the priests were appointed to be as judges in other cases , beside those of leprosie and jealousie . chro. . . further scanned . a scandalous person was an unclean person both in the scripture phrase , and in the jewish language . the sequestration of the uncleane from the sanctuary , no civill punishment . of lawes and causes civill and ecclesiasticall among the jewes . of their scribes and lawyers . some other observable passages of maimonides concerning excommunication . what meant by not entring into the congregation of the lord , deut. . , , . and by separating the mixed multitude , nehem. . . five reasons to prove that the meaning of these places , is not in reference to civil dignities and places of government , nor yet in reference to unlawful mariages onely , but in reference to church-membership and communion . two objections to the contrary answered . one from exod. . . another from the example of ruth . an useful observation out of onkelos , exod. . the second booke . of the christian church government . chap. i. of the rise , growth , decay and reviving of erastianisme . the erastian error not honest is parentibus natus . erastus the mid-wife , how engaged in the busines . the breasts that gave it sucke , prophannesse and self-interest . it s strong food , arbitrary government . it s tutor , arminianisme . it s deadly decay and consumption , whence it was ? how ill it hath been harboured in all the reformed churches ? how stiffled by erastus himselfe ? erastianisme confuted out of erastus . the divines who have appeared against this error . how the controversie was lately revived ? chap. ii. some postulata or common principles to be presupposed . that there ought to be an exclusion of vile and prophane persons , ( knowne to be such ) from the holy things , is a principle received among the heathens themselves . that the dishonour of god by scandalous sinnes ought to be punished , as well , yea much rather , than private injuries . that publique sinnes ought to be publiquely confessed , and the offenders put to publique shame . that there ought to be an avoyding of , and withdrawing from scandalous persons in the church , and that by a publique order , rather then at every mans discretion . that there is a distinction of the office and power of magistracy a●d ministery . that the directive judgement in any businesse doth chiefly belong to those who by their prosession and vocation are set apart to the attendance and oversight of such a thing . chap. iii. what the erastians yeeld unto us , and what we yeeld unto them ? they yeeld that the magistrate his power in ecclesiasticis , is not arbitrary , but tied to the word . that there may be a distinct church government under heathen magistrates . that the abuse takes not away the just power . they allow of presbyteries , and that they have some jurisdiction . that the ministery is iure divino , and magistracy distinct from it . we yeeld unto them ▪ that none ought to be rulers in the church , but such against whom there is no just exception . that presbyteriall government is not a dominion but a service . that it hath for its object onely the inward man. that presbyteriall government is not an arbitrary government , cleared by sive considerations . that it is the most limited , and least arbitrary government of any other , cleared by comparing ▪ it with popery , prelacy , independency , and with lawfull magistracy . that the civil magistrate may and ought to doe much in and for religion , ordinarily , and yet more in extraordinary cases . that the civil sanction is a free and voluntary act of the magistrates favour . that ministers owe as much subjection and honour to the magistrate as other subjects . chap. iv. of the agreement and the differences between the nature of the civill , and of the ecclesiasticall powers or governments . ten agreements between the civil power and the ecclesiasticall power . the differences between them opened in their causes , efficient , matter , ( where a fourfold power of the keys is touched ) for me , and ends , both supreme and subordinate , ( where it is opened , how and in what respect the christian magistrate intendeth the glory of jesus christ , and the purging of his church ; ) also effects , objects , adjuncts , correlations , ultimate terminations , and divided executions . chap. v. of a twofold kingdome of iesus christ : a generall kingdome as he is the eternall sonne of god , the head of all principalities and powers , raigning over all creatures : and a particular kingdome , as he is mediator , raigning over the church onely . how this controversie fals in , and how deepe it drawes . that our opposites herein ▪ joyne issue with the socinians . nine arguments to prove this distinction of a twofold kingdom of christ. in which , of the eternity , universality , donation , and subordination of the kingdome of christ. the arguments brought to prove that christ as mediator raigneth over all things , and hath all government ( even civil ) put in his hands , examined and confuted . in what sence christ is said to be over all , the heire of all things , to have all things put under his feet , to be the head of every man. a distinction between christs kingdome , power , and glory , cleared . chap. vi. whether iesus christ , as mediator , and head of the church , hath placed the christian magistrate , to hold and execute his office , under and for him as his vicegerent ? the arguments for the affirmative discussed . the decision of this question will doe much , ( yet not all ) in the decision of the erastian controversie . the question rightly stated . ten arguments for the affirmative discussed and answered . where divers scriptures are debated and cleared . how we are to understand that christ is king of kings , and lord of lords . how all power in heaven and in earth is said to be given to him . that the governments set in the church , cor. . . are not civill magistrates , fully proved , ephes. . , , . and colos. . . vindicated . chap. vii . arguments for the negative of that question formerly propounded . the lawfull authority of the heathen magistrates vindicated . it can not be shewed from scripture , that christ as mediator hath given any commission of vice-gerentship to the christian magistrate . that the worke of the ministery is done in the name and authority of jesus christ : the worke of magistracy not so . the power of magistracy or civill government , was not given to christ as mediator , shewed from luke . . iohn ● . luke . , . magistracy founded in the law of nature and nations . the scripture holds forth the same origination of heathen magistracy , and of christian magistracy . chap. viii . of the power and priviledge of the magistrate in things and causes ecclesiasticall , what 〈◊〉 〈◊〉 not , and what it is ? that no administration formally and properly ecclesiasticall , ( and namely the dispencing of church censures ) doth belong unto the magistrate ▪ nor may ( according to the word of god be assumed and exercised by him , proved by six arguments . that christ hath not made the magistrate head of the church , to receive appeales from all ecclesiasticall assembles . there are other sufficient remedies against abuses or mal-administration in church-government reasons against such appeales to the magistrate . the arguments to the contrary from the examples of ieren●…y and of paul , discussed . of the collaterality and coordination of the civill and ecclesiasticall powers . what is the power and right of the magistrate in things and causes ecclesiasticall , cleared , first generally ; next , more particularly by five distinctions . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 belong to the civill power , but non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , . the magistrate may imperare that which he may not elicere . . distinguish the directive power from the coercive power . . the magistrates power is cumulative not privative . . he may doe in extraordinary cases that which he ought not to doe ordinarily . a caution concerning the arbitrary power of magistrates in things ecclesiasticall . chap. ix . that by the word of god there ought to be another government besides magistracy or civill government , namely an ecclesiasticall government ( properly so called ) in the hands of church-officers . the question stated , and the affirmative proved by one and twenty scripturall arguments . who meant by the elders that rule well , tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 names of government . the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heb . , . examined . of receiving an accusation against an elder . of rejecting an hereticke . of the excommunication of the incestuous corinthian , and the sence of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ of the subjection of the spirits of the prophets to the prophets . the angels of the churches why reproved for having false teachers in the church ? note that man , thess. . . proved to be church-censure . of the ruler , rom. . . and governments , cor. . . a patterne in the jewish church for a distinct ecclesiasticall government . what meant by cutting off , gal. . ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 properly what ? of the ministeriall power to revenge all disobedience , cor. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cor. . . what ? of the visible administration of the kingdome of christ by his laws , courts , censures . the arguments for excommunication , from matth. . and cor. . briefly vindicated . that elders are rulers of the flock . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a name of government ministers why called s●…ewards of the mysteries of god. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a name of government . church-government exercised by the synod of the apostles and elders , acts . chap. x. some objections made against ecclesiasticall government and discipline , answered . mr husseys objection doth stricke as much against paul , as against us . the fallacy of comparing government with the word preached , in point of efficacy . foure ends or uses of church-government . that two coordinate governments are not inconsistent . the objection , that ministers have other worke to doe , answered . the feare of an ambitious ensnarement in the ministery , so much objected , is no good argument against church-government . m. husseys motion concerning schooles of divinity examined . church government is no immunity to church-officers from censure . though the erastian principles are sufficiently overthrown by asserting from scripture the may be of church-government , yet our arguments prove a must be or an institution . six arguments added which conclude this point . chap. xi . the necessity of a distinct church-government , under christian , as well as under heathen magistrates . this acknowledged by christian emperours of old . grotius for us in this particular . christian magistracy hath never yet punished all such offences as are ecclesiastically censurable . presbyteries in the primitive times did not exercise any power which did belong of right to the magistrate . no warrant from the word , that the ordinance of a distinct church government , was onely for churches under persecution : but contrariwise the churches are charged to keep till the comming of christ , the commandement then delivered . no just ground for the feare of the interfeering of the civill , and of the ecclesiasticall power . the churches liberties enlarged , ( not diminished ) under christian magistrats . the covenant against this exception of the erastians . the christian magistrate , if he should take upon him the whole burthen of the corrective part of church-government , could not give an account to god of it . the erastian principles doe involve the magistrate into the prelaticall guiltinesse . the reasons and grounds mentioned in scripture , upon which church-censures were dispenced in the primi●ive churches , are no other then concerne the churches under christian magistr●tes . the end of church-censures , neither intended nor attained by the administration of christian magistracy . the power of binding and loosing not temporary . they who restrict a distinct church-government , to churches under heathen or persecuting magistrats , give a mighty advantage to socinians and anabaptists . gualther and master prynne for us in this question . appendix . a collection of some testimonies out of a declaration of king iames , the helvetian , bohemian , augustane , french , and dutch confessions , the ecclesiasticall discipline of the reformed churches in france , harmonia synodorum belgicarum , the irish articles , a book of melanchton , and another of l. humfredus . the third booke . of excommunication from the church , and of suspension from the lords table . chap. i. an opening of the true state of the question , and of master prynnes many mistakes and mis-representations of our principles . a transition from church-government in generall , to excommunication and suspension in particular . the present controversie ten waies mis-stated by m. prynne . that which was publiquely depending between the parliament and assembly , did rather concerne the practicall conclusion it selfe , then the mediums to prove it . the strength of the assemblies proofes for suspension scarce touched by m. prynne . that the power of suspension is neither in the minister alone , nor unlimitted . the question is practically stated by aretius . the present controversie how different from the prelaticall ? the power desired to elderships , is not to judge mens hearts , but to judge of externall evidences . the distinction of converting and confirming ordinances how necessary in this question ? excommunication and suspension confounded by m. prynne ( as likewise by the separatists ) contrary to the manner both of the jewish church , and of the ancient and reformed christian churche● ▪ m. prynnes assertion concerning suspension , is contrary to the ordinances of parliament . the question stated , as it ought to be stated . chap. ii. whether matth. . , , . prove excommunication . the erastians cannot avoyd an argument ex consequenti from this text for excommunication , although we should grant that the literall sence and direct intendment of the words , is not concerning excommunication . of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that the trespasse meant vers . . is sometime known to more then one at first . that the meaning is not of a civill personall injury , but of a scandalous sinne , whether there be materially a personall injury in it or not . this confirmed by six reasons . that if it were granted these words , if thy brother trespasse against thee , are understood of a personall injury , this could be no advantage to the erastian cause , in six respects . erastus his argument , that the trespasse here meant is such as one brother may forgive to another , answered . that the law of two or three witnesses belongeth to ecclesiasticall , as well as to civill courts . that tell the church here can not be , tell the civill sanhedrin or court of justice among the jewes . of the meaning of these words let him be unto thee as an heathen man and a publican . m. prynnes argument retorted . that the heathens might not enter into the temple , to wit , into the court of israel , but into the intermurale they might come and worship . that there is not the like reason for excluding excommunicate persons wholly from our churches . of solomons porch . that m. prynne confoundeth the devout penitent publican with the prophane unjust publicans . the objection from the publicans going up to the temple to pray , examined . publicans commonly named as the worst and wickedest of men . another objection , let him be to thee , ( not to the whole church ) as an heathen , &c. discussed . chap. iii. a further demonstration that these words let him be unto thee as an heathen man and a publican , are not meant of avoyding civill , but religious or church-fellowship . the great disorder and confusion which m. p●…ynne his sence of this text might introduce . that it was not unlawfull to the jewes to have civill company or fellowship with heathens , unlesse it were for religious respects , and in case of the danger of an idolatrous insnarement , which is cleared by a passage of elias in thesbyte . in what sence peter saith acts . . that a jew might not keepe company or come unto one of another nation . that the jewes did keep civill and familiar fellowship with ger toschav , or gerschagnar , the proselyte indueller , or the proselyte of the gate , who yet was uncircumcised , and no member of the jewish church , nor an observer of the law of moses , but onely of the seven precepts given to the sonnes of noah . which cleareth the reason why the synod of the apostles and elders , who would not impose circumcision nor any other of the mosaicall ceremonies upon the believing gentiles , did neverthelesse impose this as a necessary burthen upon them , to abstaine from blood and things strangled . christians are permitted by paul to eate and drinke with them that believe not . further proofes that some uncircumcised heathens had civill fellowship with the jewes , and some circumcised hebrews had not ecclesiasticall communion with the jewes . the question decided out of maimonides . that these words , let him be unto thee as an heathen man and a publican doe imply somewhat negative , and somewhat positive . the negative part is , that he must not be worse used in civill things , than an heathen man or publican : that excommunication breaketh not naturall and morall duties : neither is any civill fellowship at all forbidden to be kept with an excommunicate person , except under a spirituall notion and for spirituall ends , not qua civill fellowship . the positive part is , that he must be used in the same manner , as an heathen man and a publican in spirituall things , and in church-communion . heathens five waies excluded from communion with the jewes in the holy things . let him be as a publican implieth two things more then let him be as an heathen , but exclusion from some ordinances was common both to heathens and scandalous publicans . that the phraisees speech concerning the publican who went up to the temple to pray , sheweth that he was not esteemed a prophane publican . chap. iv. a confutation of erastus and bilson their interpretation of matth. . , , . as likewise of dr. sutcliffe his glosse , differing somewhat from theirs . the scope of this scripture wholly spirituall , concerning the gaining of a brother from sin , not civill concerning the prosecuting of a personall injury . rebuke for sinne a common christian duty . which is necessary in sinnes committed against god , rather than in injuries committed against man. that any sinne by which thou art scandalized is a trespasse against thee . the erastian interpretation of matth. . makes it lawfull for one christian to goe to law with another before an unbelieving judge , and so maketh paul contrary to christ. the same interpretation restricteth the latter part of the text to those christians onely , who live under an unbelieving magistrate , while it is confessed that the former part belongeth to all christians . it is contrary also to the law of moyses . they contradict themselves concerning the coercive power of the sanhedrin . the gradation in the text inconsistent with their sence . the argument of erastus to prove that the words as a publican , are meant of a publican qua publican , and so of every publican , examined . their exception , let him be to thee , &c. not to the whole church , answered three waies . chap. v. that tell it unto the church hath more in it , then , tell it unto a greater number . the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 never given to any lawfull assembly , simply because of majority of number . this interpretation provideth no effectuall remedy for offences . kahal by the hebrews and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the grecians often used for an assembly of such as had jurisdiction and ruling power . whether the two or three witnesses matth. . . be onely witnesses or assistants in the admonition , or whether the intention be that they shall prove the fact before the church forensically , ( if need be ) and whether two or three witnesses must be taken when the offence is known to him onely that gives the first rebuke ; discussed ? this their interpretation brings a brother under the greatest yoke of bondage . grotius his interpretation of the word church , not inconsistent with ours . divers authors of the best note for our interpretation , that is , that by the church here is meant the elders of the church assembled . the name of the church given to the elders for four considerations . chap. vi. of the power of binding and loosing , matth. . . our opposites extreamly difficulted and divided in this point . binding and loosing both among hebrews & grecians , authoritative & forensicall words . antiquity for us , which is proved out of augustine , hierome , ambrose , chrysostome , isidorus pelusiota , hilary , theophylact. that this power of binding and loosing belongeth neither to private persons , nor to civill magistrates , but to church officers , and that in reference , . to the bonds of sinne and iniquity . . to the dogmaticall decision of controversies concerning the will of christ. that this power of binding and loosing is not meerely doctrinall but juridicall or forensicall , and meant of inflicting or taking off ecclesiasticall censure . this cleared by the coherence and dependency between verse . and , ( which is asserted against m. prynne ) and further confirmed by eleven reasons . in which the agreement of two on earth verse . the restriction of the rule to a brother or church-member , also matth ▪ . . john . . psalm . , , , . are explained . another interpretation of the binding and loosing , that it is not exercised about persons , but about things or doctrines , confuted by ●ive reasons . how binding and loosing are acts of the power of the keys , as well as shutting and opening . chap. vii . that cor. . proveth excommunication , and ( b● a necessary consequence even from the erastian interpretation ) suspension from the sacrament of a person un excommunicated . the weight of our proofs not laid upon the phrase of delivering to sathan . which phrase being set aside that chapter will prove excommunication , verse . let us keepe the passeover ▪ &c. applied to the lords supper , even by m. prynne himselfe . master prynnes first exception from cor. . , . & . . concerning the admission of all the visible members of the church of corinth , even drunken persons to the sacrament , answered . his second , a reflection upon the persons of men . his third , concerning these words , no , not to eate , confuted . hence suspension by necessary consequence . his fourth exception taken off . his three conditions which he requireth in arguments from the lesser to the greater , are false and doe not hold . our argument from this text doth not touch upon the rock of separation . eight considerations to prove an ecclesiasticall censure , and namely excommunication from cor. . compared with ▪ cor. . more of that phrase , to deliver such a one to sathan . chap. viii . whether judas received the sacrament of the lords supper . the question between m. prynne & me concerning iudas , much like unto that between papists and protestants concerning peter . two things premised . . that matthew and marke mentioning christs discourse at table , concerning the traytor , before the institution and distribution of the lords supper , place it in its proper order , and that luke placeth it after the sacrament by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or recapitulation : which is proved by ●ive reasons . . that the story iohn . . concerning iudas and the sop , was neither acted in bethany two daies before the passeover , nor yet after the institution of the lords supper . the first argument to prove that iudas received not the lords supper from ioh. . . he went out immediately after the sop . mr prynnes foure answers confuted . his opinion that christ gave the sacrament before the common supper , is against both scripture and antiquity . of the word immediately . the second argument from christs words at the sacrament . that which m. prynne holds , viz. that at that time ( when christ infallibly knew iudas to be lost ) he meant conditionally that his body was broken and his blood shed for iudas ; confuted by three reasons . the third argument from the different expressions of love to the apostles , with an exception , while iudas was present ; without an exception at the sacrament . m. prynnes arguments from scripture to prove that iudas did receive the sacrament , answered . that iudas received the sacrament , is no indubitable verity as mr. prynne cals it , but hath been much controverted both among fathers , papists and protestants . that the lutherans who are much of m. prynnes opinion in the point of iudas his receiving of the lords supper , that they may the better uphold their doctrine of the wicked their eating of the true body of christ , yet are much against his opinion in the point of admitting scandalous persons not excommunicated to the sacrament . m. prynnes bold assertion that all the ancients except hilary onely , doe unanimously accord that iudas received the lords supper , without one dissenting voyce ; disproved as most false , and confuted by the testimonies of clemens , dionysius areopagita , maximus , pachymeres , ammonius alexandrinus , tacianus , innocentius . rupertus tuitiensis , yea by those very passages of theophylact , and victor antiochenus , cited by himselfe . many moderne writters also against his opinion , as of the papists , salmeron , turrianus , barradius , of protestants , danaeus , kleinwitzius , piscator , beza , tossanus , musculus , zanchius , gomarus , diodati , grotius . the testimonies cited by m. prynne for iudas his receiving of the sacrament ▪ examined : some of them found false , others prove not his point , others who thinke that iudas did receive the sacrament , are cleare against the admission of known prophane persons . the confession of bohemia and belgia not against us , but against master prynne . chap. ix . whether judas received the sacrament of the passeover that night in which our lord was betrayed . that christ and his apostles did eate the passeover , not before , but after that supper at which he did wash his disciples feet , and give the sop to iudas . these words before the feast of the passeover , joh. . . scanned . the jewes did eate the passeover after meale , but they had no meale after the paschall supper . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ioh. . . needeth not be turned , supper being ended , but may suffer two other readings . christs sitting down with the twelve is not meant of the paschall supper , and if it were , it proves not that iudas did eate of that passeover , more than cor. . . proves that iudas did see christ after his resurrection . a pious observation of cartwright . another of chrysostome . chap. x. that if it could be proved that judas received the lords supper , it maketh nothing against the suspension of known wicked persons from the sacrament . christs admitting of iudas to the sacrament when he knew him to be a divell , could no more be a president to us , then his choosing of iudas to be an apostle , when he knew also that he was a divell . iudas his sinne was not scandalous but secret , at that time when it is supposed that he did receive the sacrament . the same thing which m. prynne makes to have been after the sacrament , to prove that iudas did receive the sacrament , the very same he makes to have been before the sacrament , to prove that iudas was a scandalous sinner , when he was admitted to the sacrament . he yeeldeth upon the matter that iudas received not the sacrament . that before iudas went forth , none of the apostles knew him to be the traytor except iohn , yea some hold that iohn knew it not . that christs words to iudas , thou hast said , did not make known to the apostles that he was the traitor , and if they had , yet ( by their principles who hold that iudas received the sacrament ) these words were not spoken before the sacrament . divers authors hold that iudas was a secret ▪ not a scandalous sinner , at that time when it is supposed he received the sacrament , yea m. prynne himselfe holdeth so in another place . he loseth much by proposing as a president to ministers what christ did to iudas in the last supper . christ did upon the matter excommunicate iudas ; which many gather from these words , that thou dost doe quickly . and if christ had admitted him to the sacrament , it could be no president to us . chap. xi . whether it be a full discharge of duty to admonish a scandalous person of the danger of unworthy communicating ? and whether a minister in giving him the sacrament after such admonition , be no way guilty ? mr prynne doth here mistake his marke , or not hit it , whether the question be stated in reference to the censure of suspension , or in reference to the personall duty of the minister . five duties of the minister in this businesse beside admonition . admonition no church censure , properly . six conclusions promised by m prynne , examined . his syllogism concerning the true right of all visible members of the visible church to the sacrament discussed . four sorts of persons , beside children and fooles , not able to examine themselves , and so not to be admitted to the lords supper , by that limitation which m. prynne yeedeth . his argument from the admission of carnall persons to baptisme , upon a meere externall sleight profession , answered . his eleven reasons for the affirmative of this present question answered . the erastian argument from cor. . . let a man examine himselfe , not others , nor others him , faileth many waies . m. prynne endeavours to pacifie the consciences of ministers by perswading them to believe , that a scandalous person is outwardly fitted and prepared for the sacrament . how dangerous a way it is to give the sacrament to a scandalous person , upon hopes that omnipotency can at that instant change his heart and his life . of a mans eating and drinking judgement to himselfe . chap. xii . whether the sacrament of the lords supper be a converting or regenerating ordinance . mr prynne in this controversie joyneth not onely with the more rigid lutherans , but with the papists . the testimonies of calvin , bullinger , ursinus , musculus , bucerus , festus honnius , aretius , vossius , pareus , the belgicke confession , and forme of administration , the synod of dort , gerhardus , walaeus , chamierus , polanus , amesius , are produced against m. prynne , all these and many others denying the lords supper to be a converting ordinance . how both lutherans and papists state their controversie with calvinists ( as they call them ) concerning the efficacy of the sacraments . m. prynnes distinctions of two sorts of conversion , and two sorts of sealing , being duely examined , doe but the more open his errour instead of covering it . of the words sacrament and seale : concerning which m. prynne as he leaneth toward the socinian opinion , so he greatly cals in question that truth , without the knowledge whereof the ordinance of parliament appointeth men to be kept backe from the sacrament . foure distinctions of my own premised , that the true state of the question may be rightly apprehended . the . distinction between the absolute power of god , and the revealed will of god. . between the sacrament it selfe , and other ordinances which doe accompany it . . between the first grace , and the following graces . . between visible saints and invisible saints . chap. xiii . twenty arguments to prove that the lords supper is not a converting ordinance . . from the nature of signes instituted to signifie the being or having of a thing . the significancy of sacraments à parte ante . . sacraments suppose faith and an interest had in christ , therefore doe not give it . . the lords supper gives the new food , therefore it supposeth the new life . . it is a seale of the righteousnesse of faith , therefore instituted for justified persons onely . . from the example of abrahams justification before circumcision . . from the duty of self-examination , which an unregenerate person cannot performe . . from the necessity of the wedding garment . . faith comes by hearing , not by seeing or receiving . . neither promise nor example in scripture of conversion by the lords supper . . every unconverted and unworthy person , if he come ( while such ) to the lords table ) cannot but eate and drink unworthily , therefore ought not to come . . the wicked have no part in an eucharisticall consolatory ordinance . . christ calleth none to this feast but such as have spirituall gracious qualifications . . they that are visibly no saints , ought not to partake in the communion of saints . . baptisme it selfe ( at least when administred to persons of age ) is not a regenerating , but a sealing ordinance . . from the necessity of the precedency of baptisme before the lords supper . . from the method of the parable of the lost sonne . . from the doctrinall dehorting of all impenitent unworthy persons from comming to the sacrament , unlesse they repent , reforme , &c. ( allowed by m. prynne himselfe ) which a minister may not doe , if it be a converting ordinance . . from the incommunicablenesse of this ordinance to pagans , or to excommunicated christians for their conversion . . from the instrumentall causality of a converting ordinance , which in order doth not follow , but precede conversion , and therefore is administred to men , not qua penitent , but qua impenitent , which can not be said of the sacrament . . antiquity against m. prynne in this point . witnesse the sancta sanctis . witnesse also dionysius areopagita , justin martyr , chrysostome , augustine , isidorus pelusiot●… , prosper , beda , isidorus hispalensis , rabanus maurus , besides scotus , alensis , and other schoolmen . chap. xiv . master prynne his twelve arguments brought to prove that the lords supper is a converting ordinance , discussed and answered . his first argument answered by three distinctions . his second proveth nothing against us , but yeeldeth somewhat which is for us . his third charged with divers absurdities . his fourth concerning the greatest proximity and most immediate presence of god , and of christ in the sacrament retorted against himselfe , and moreover not proved nor made good by him . his fifth argument hath both universall grace and other absurdities in it . his sixth concerning conversion by the eye , by the booke of nature , by sacrifices , by miracles , as well as by the eare , examined and confuted in the particulars . his seventh not proved . nor yet his eighth , concerning conversion by afflictions without the word . his ninth concerning the rule of contraries is misapplied by him . his tenth concerning the ends of the sacrament yeeldeth the cause and mireth himselfe . his eleventh a grosse petitio principii . his twelfth appealing to the experience of christians , rectified in the state , and repelled for the weight . that this debate concerning the nature , end use , and effect of the sacrament , doth clearely cast the ballance of the wholecontroversie concerning suspension . lucas osiander cited by m. prynne against us , is more against himselfe . chap. xv. whether the admission of scandalous and notorious sinners to the sacrament of the lords supper , be a pollution and prophanation of that holy ordinance ? and in what respects it may be so called ? the true state of this question cleared by five distin●ions . nine arguments to prove the affirmative . that the admitting of the scandalous and prophane to the sacrament gives the lie to the word preached , and looseth those whom the word binddeth . that it is a strengthning of the hands of the wicked t is a prophanation of baptisme to baptise a catechumene jew , or a pagan , being of a known prophane life , although he were able to make confession of the true faith by word of mouth . that such as are found unable to examine themselves ( whether through naturall or sinfull disability ) or manifestly unwilling to it , ought not to be admitted to the lords supper . the reason for keeping backe children and fooles holds stronger for keeping back known prophane persons . hag. . , , , . explained . a debate upon matth. . . give not that which is holy to dogs , &c wherein m. prynne is confuted from scripture , from antiquity , from erastus also and grotius . chap. xvi . an argument of erastus ( drawn from the baptisme of john ) against the excluding of scandalous sinners from the lords supper , examined . that iohn baptised none but such as confessed their sinnes , and did outwardly appeare penitent . t is a great question whether those pharisees who came to his baptisme , matth. . were baptised . the coincidency of that story matth. . with the message of the pharisees to iohn baptist , ioh. . the argument retorted . chap. xvii . antiquity for the suspension of all scandalous persons from the sacrament , even such as were admitted to other publique ordinances . o● the foure degrees of penitents in the ancient church and of the suspension of some unexcommunicated persons from the lords supper who did joyn with the church in the hearing of the word and prayer . proved out of the ancient canons of the councels of ancyra , nice , arles , the sixth and eighth general councels , out of gregorius thaumaturgus , and basilius magnus , confirmed also out of zonaras , balsamon , albaspin●…us . the suspension of all sorts of scandalous sinners in the church from the sacrament further confirmed out of isidorus pelusiota , dionysius areopagita with his scholiast maximus , and his paraphrast pachimeres . also out of cyprian , justin martyr , chrysostome , ambrose , augustine , gregorius magnus , walafridus strabo . chap. xviii . a discovery of the instability and loosenesse of m. prynne his principles , even to the contradicting of himselfe in twelve particulars . an argument hinted by m. prynne from the gathering together all guests to the wedding supper , both bad and good , examined , and foure answers made to it . that m. prynne doth professe and pretend to yeeld the thing for which his antagonists contend with him , but indeed doth not yeeld it : his concessions being clogged with such things as do evacuate and frustrate all church discipline . that m. prynne contradicteth himselfe in twelve particulars . foure counter-quaerees to him . a discourse of m. fox the author of the booke of martyrs , concerning three sorts of persons who are unwilling that there should be a discipline or power of censures in the church . the names of writers or workes cited and made use of in this tractate . is . abrabanel melchier adamus ainsworth aeschines albaspinaeus albinus flaccus alcuinus alex. alensis algerus ambrosius ambrose the monke ammonius alexandrinus ampsin●ius dutch annotations english annotations apoll●nius aquinas arabick n. t. aretius arias montanus aristótle arnobius irish articles of faith augustinus azorius b balsamon io. baptista derubcis baronius basilius magnus m r bayne becanus becmanus beda bellarmine bertramus beza bilson brentius brochmand brughton mart. bucerus gers. bucerus budoeus bulling●r buxtorff c cabeljavius cajetanus calvin i. camero camerarius canons of the african church . l. capellus d. carthusianus cartwright i. casaubon the magdeburgian centurists chaldee paraphrase chami●rus chemnitius chrysostomus d. chytraeus is. clarus fr. à s. clara clemens clemens alexandrinus nic. de clemangis iudocus clichtoveus i. cloppenburgius i. coch m r coleman a●gid de coninck barthol . coppen balthasar ●orderius corpus disciplinae m r cotoon tomes of councels richardus cowsin cyprian cyrill . d dan●us r. david ganz . demos●henes m. david dickson didoclavius lud. de dieu mich. dilherrus di●dati the directory of both kingdomes dio●yfins 〈◊〉 syn●d of dort iesuits of doway i. drusius du●renus durandus duran●s e elias r. eli●ser c ● empereur erastus erasmus c. espen●us es●ius euthymius aben ezra f fa●ritius m r fox ch. francken hist. of the troubles at franckeford the disciplin of the reformed churches of fran● d r fulk● g p. galatinus phil. gamachaeus gelenius laws and statu●es of genevah genebrardus geo. genzius i. ●rhardus gesnerus s●l . glassius godwyn gomarus gorranus gregorius magnus gregorius thaumaturgus professors of groning grotius gualther h harmony of confessions harmonia synoder●n belgicarum haymo helmichius hemmiugius heshusius hesychius hier● hilarius m. hildersham p. hinkelmannus fra● . holy-oke 〈◊〉 honnius h●go de s. uict●re hug● cardi●lis l. humfredus aegid . h●ius m. hussey hutterus i king iames iansen●us i'lyricus i●nocentius . . iosephus iosuae levitae halichoth olam . isidorus hisp●lensis isidorus 〈◊〉 iulius caesar fr. iunius iustinus martyr k ke●erm ●nnus d r k●llet c. kir●erus l corn . a lapide lavater laurentius de la barre m r leigh nieolaus lambardus lorinus luthe●us lyr● m maccovius maimonides maldonat man●sseh ben. israel concilia●or marianae marlorat martial m. martinius p. martyr maximus medina meisnerus menochius mercerus p. maulin munsterus musculus n g. nazianzen i. newenklaius nonnus novarinus o oecumenius origen luc. osiander p pachymeres m r paget : pagnin paraeus parker pasor pelargus pellicanus pemble philo the iew piscator plato polanus m r prynne r rabanus maurus raynolds the remonstran●s revius rittangelius d. rivetus rupertus tuitiensis m. rutherfurd s emanuel sa salmasius salmeron m. sal●marsh sanctius saravia i. scaliger scapula schindlerus ionas schlichtingius the booke of discipline of scotland scotus subtilis m. selden the 〈◊〉 ●eius f. socin●s ●ipingius fr. spanbemi●t spelman stegmannus strigelius suarez suidas su●livius syariac● n. t. t tacianus the talmud tannerus tertullian theodoretus theophylactus tilenus tirinus titus bostrorum episcapus toletus tostatus tossanus trelcatius triglandius tully w walaeus walafridus strabo m r io. welsh mr iohn wey●es of craigton mr iohn weimes of latho●ker westhemerus whitgift whittakerus willet i. winkelmannus wolphius v gr. de valentia vatablus uazquez uedelius uictor antiochenus gisb. v●etius gul. vorstius hen. vorstius ger●ardus uossius dionysius vossius ursinus z zanc●ius zepperus zon●ras z●inglius . aarons rod blossoming : or , the divine ordinance of church-government vindicated . the first booke . of the jewish church-government . chap. i. that if the erastians could prove what they alledge concerning the iewish church government , yet in that particular the iewish church could not be a president to the christian. observing that very much of erastus his strength , and much of his followers their confidence , lie●h in the old testament , and jewish church , which ( as they averre ) knew no such distinction , as civill government , and church government ; civill justice , and church discipline ; i have thought good , first of all , to remove that great stumbling-block , that our way may afterward lie fair and plain before us . i doe heartily acknowledge , that what we finde to have been an ordinance , or an approved practice in the jewish church , ought to be a rule and patterne to us , such things onely excepted which were typicall , or temporall , that is , for which there were speciall reasons proper to that infancy of the church , and not common to us . now , if our opposites could prove that the jewish church was nothing but the jewish state , and that the jewish church-government , was nothing but the jewish state-government , and that the jewes had never any supreame sanhedrin but one onely , and that civil , and such as had the temporall coercive power of magistracy ( which they will never be able to prove ) yet there are divers con●iderable reasons , for which that could be no president to us . first , casaubon exerc . . anno . num . . proves out of maimonides , that the sanhedrin was to be made up ( if possible ) wholly of priests and levites ; and that if so many priests and levites could not be found , as were fit to be of the sanhedrin , in that case some were assumed out of other tribes . howbeit i hold not this to be agreeable to the first institution of the sanhedrin . but thus much is certaine , that priests and levites were members of the jewish sanhedrin , and had an authoritative decisive suffrage in making decrees , and inflicting punishments , as well as other members of the sanhedrin . philo the jew de vita mosis pag. . saith that he who was found gathering sticks upon the sabbath , was brought ad principem & sacerdotum consistorium , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is , to the prince or chiefe ruler ( meaning moses ) together with whom the priests did sit and judge in the sanhedrin . jehosaphat did set of the levites , of the priests , and of the chiefe of the fathers of israel , for the judgement of the lord , &c. chro. . . secondly , the people of israel had gods own judiciall law given by moses , for their civill law : and the priests and levites in stead of civill lawyers . thirdly , the sanhedrin did punish no man , unlesse admonition had been first given to him for his amendment . maimon . de fundam . legis cap. . sect . . ( yea saith gul. vorstius upon the place , though a man had killed his parents , the sanhedrin did not punish him unlesse he were first admonished ) and when witnesses were examined , seven questions were propounded to them , one of which was , whether they had admonished the offender , as the talmud it self tels us ad tit . sanhedrin cap. . sect . . fourthly , the sanhedrin respondebat de jure , did interpret the law of god , and determine controversies , concerning the sence and intent thereof . deut. . , , , . and it was on this manner as the ierusalem talmud in sanhedrin cap. . sect . . records . there were there ( in ierusalem ) three assemblies of iudges : one sitting at the entry to the mountaine of the sanctuary : another sitting at the doore of the court : the third sitting in the conelave made of cut stone . first , addresse was made to that which sate at the ascent of the mountaine of the sanctuary : then the elder ( who came to represent the cause which was too hard for the courts of the cities ) said on ●…his manner . i have drawne this sence from the holy scripture , my fellows have drawn that sence . i have taught thus , my f●…llows so and so . if they had learned what is to be determined in that cause , they did communicate it unto them . if not , they went forward together to the iudges sitting at the doore of the court : by whom they were instructed , if they ( after the laying forth of the difficulty ) knew what resolution to give . otherwise all of them jointly had recourse to the great sanhedrin . for from it doth the law go forth unto all israel . it is added in exc. gemar . sanhed . cap. . sect . . that the sanhedrin did sit in that roome of cut stone ( which was in the temple ) from the morning to the evening daily sacrifice . the sanhedrin did judge cases of idolatry , apostasie , false prophets , &c. talm. hieros . in sanhed . cap. . sect . . now all this being unquestionably true of the jewish sanhedrin : if we should suppose , that they had no supreme sanhedrin but that which had the power of civill magistracy , then i aske where is that christian state , which was , or is , or ought to be moulded according to this patterne . must ministers have vote in parliament ? must they be civill lawyers ? must all criminall and capitall judgements be according to the judiciall law of moses , and none otherwise ? must there be no civill punishment , without previous admonition of the offender ? must parliaments sit , as it were in the temple of god , and interpret scripture , which sence is true , and which false , and determine controversies of faith and cases of conscience , and judge of all false doctrines ? yet all this must be , if there be a paralell made with the jewish sanhedrin . i know some divines hold , that the judiciall law of moses , so far as concerneth the punishments of sins against the morall ●aw , idolatry , blasphemy , sabbath-breaking , adultery , theft , &c. ought to be a rule to the christian magistrate . and for my part , i wish more respect were had to it , and that it were more consulted with . this by the way . i am here only shewing , what must follow , if the jewish government be taken for a pr●sident , without making a dis●inction of civil & church government . surely , the consequences will be such , as i am sure our opposites will never admit of , and some of which ( namely concerning the civill places or power of ministers , and concerning the magistrates authority to interpret scripture ) ought not to be admitted . certainly , if it should be granted that the jewes had but one sanhedrin , yet there was such an intermixture ●of civill and ecclesiasticall both persons and proceedings , that there must be a partition made of that power , which the jewish sanhedrin did exercise , which ( taken whole and entire together ) can neither sute to our civill nor to our ecclesiasticall courts . nay , while the erastians appeale to the jewish sanhedrin ( suppose it now to be but one ) they doe thereby ingage themselves to grant unto church officers a share at least ( yea a great share ) in ecclesiasticall government : for so they had in the supreme sanhedrin of the jewes . and further the jewes had their synagoga magna , which grotius on matth. . . distinguisheth from the sanhedrin of . for both prophets and others of place and power among the people praeter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , besides the members of that sanhedrin were members of that extraordinary assembly , which was called the great synagogue , such as that assembly ezra . which did decree forfeiture and separation from the congregation , to be the punishment of such as would not gather themselves unto ierusalem : in which assembly were others beside those of the sanhedrin . of the men of the great synagogue i read in tzemach david pag. . ●…dit . hen. vors . that they did receive the traditions from the prophets ; and it is added viri synagogae magnae ordinarunt nobis preces nostras . the men of the great synagogue did appoint unto us our prayers , meaning their liturgies , which they fancy to have been so instituted . the hebrews themselves controvert , whether all the men of the great synagogue did live at one and the same time , or successively ; but that which is most received among them , is , that these men did flourish all at one time , as is told us in the passage last cited , where also these are named as men of the great synagogue , haggai , zechariah , malachi , zerubbabel , mordechai , ezra , jehoshua , seria , rehaliah , misphar , rechum , nehemias . rambam addeth , chananiah , mischael , and azariah . finally , as prophets , pries●s , and scribes of the law of god had an interest in the synagoga magna after the captivity , so we read of occasionall and extraordinary ecclesiasticall synods before the captivity , as that assembly of the priests and levites under hezekiah , chro. . . . and that erring synod of the prophets , kings . . herod also gathered together the chiefe priests and scribes , matth. . . i conclude , that if it should be granted there was no ecclesiasticall sanhedrin among the jewes , distinct from the civill , yet as the necessity of a distinct ecclesiasticall government among us , is greater then it was among them ( in respect of the foure considerations above mentioned ) so likewise the priests had a great deale more power and authority in the jewish church , ( not onely by occasionall synods , but by their interest in synagoga magna , and in the civill sanhedrin it selfe ) then the erastians are willing that church officers should have in the christian church . chap. ii. that the iewish church was formally distinct from the iewish state or common-wealth . it hath been by some ( with much confidence and scorne of all who say otherwise ) averred that excommunication and church-government distinct from the civill , hath no patterne for it in the jewish church . i am sure ( saith m r coleman in his brotherly examination re-examined , pag. . ) the best reformed church that ever was went this way , i meane the church of israel , which had no distinction of church government and civill government . hast thou appealed unto caesar ? unto caesar shalt thou goe . have you appealed to the jewish church ? thither shall you goe . wherefore i shall endeavour to make these five things appeare : . that the jewish church was formally 〈◊〉 from the jewish state. . that there was an eccle●iasticall sanhedrin and government distinct from the civill . . that there was an ecclesiasticall excommunication , 〈◊〉 from civill punishments . . that in the jewish church there was also a publike exomologesis or declaration of repentance , and thereupon a reception or admission againe of the offender to fellowship with the church in the holy things . . that there was a suspension of the prophane from the temple and passeover . first , the jewish church was formally di●tinct from the jewish state. i say formally , because ordinarily they were not distinct materially , the same persons being members of both . but formally they were distinct , ( as now the church and state are distinct among us christians . ) . in respect of distinct lawes ; the ceremoniall law was given to them in reference to their church state , the judiciall law was given to them in reference to their civill state. is. abrabanel de capite fidei cap. . putteth this difference between the lawes given to adam and to the sonnes of noah , and the divine law given by moses : that those laws were given for conservation of humane society and are in the classis of judiciall or civill laws . but the divine law given by moses , doth direct the soule to its last perfection and end . i doe not approve the difference which he puts between these lawes . this onely i note , that he distinguisheth judiciall or civill laws for conservation of society , ( though given by god ) from those laws which are given to perfect the soule , and to direct it to its last end , such as he conceives the whole morall and ceremoniall law of moses to be ▪ halichoth olam tract . . cap. . tels us that such and such rabbies were followed in the ceremoniall lawes : other rabbies followed in the judiciall lawes . . in respect of distinct acts : they did not worship god and offer sacrifices in the temple , nor call upon the name of lord , nor give thanks , nor receive the sacraments as that state , but as that church . they did not punish evill doers by mulcts , imprisonment , banishment , burning , stoning , hanging , as that church , but as that state. . in respect of controversi●s ; some causes and controversies did concerne the lords matters , some the kings matters , chro. . . to judge between blood and blood was one thing . to judge between law and commandement , between statut●s and judgements ; that is , to give the true sence of the law of god when it was controverted , was another thing . . in respect of officers : the priests and l●vites were church-officers . magistrates and judges not so , but were ministers of the state. the priests might not take the sword out of the hand of the magistrates . the magistrates might not offer sacrifice nor exercise the priests office . . in respect of continuance , when the romans tooke away the jewish state and civill government , yet the jewish church did remaine , and the romans did permit them the liberty of their religion . and now though the jewes have no jewish state , yet they have jewish churches . whence it is , that when th●y tell where one did or doth live , they doe not mention the town , but the church : in the holy church at uenice , at frankford , &c. see buxtorf . lex . rabin . pag. . . in respect of variation . the constitution and government of the jewish state was not the same , but different , under moses and ioshua , under the iudges , under the kings , and after the captivity . but we cannot say , that the church was new modelld as oft as the state was . . in respect of members . for as a m. selden hath very well observed concerning that sort of proselytes , who had the name of pr●…selyti justitiae ; they were initiated into the jewish religion by circumcision , baptisme , and sacrifice : and they were allowed not onely to worship god apart by themselves , but also to come into the church and congregation of israel , and to be called by the name of jewes : neverthelesse they were res●rained and secluded from dignities , magistracies and preferments in the jewish republique , and from divers marriages , which were free to the israelites : even as strangers initiated and associated into the church of rome , have not therefore the priviledge of roman citizens . thus m. selden , who hath thereby made it manifest , that there was a dis●iuction of the jewish church and jewish state , because those proselytes b being imbodied into the jewish church as church members , and having a right to communicate in the holy ordinances among the rest of the people of god , yet were not properly members of the jewish state , nor admitted to civill priviledges : whence it is also that the names of jewes and proselytes were used distinctly , acts . . chap. iii. that the iewes had an ecclesiasticall sanhedrin and government distinct from the civill . i come to the second point , that there was an ecclesiasticall government , and an ecclesiasticall sanhedrin among the jews . this distinction of the two sanhedrins , the civill and the ecclesiasticall , is maintained by zepperus de polit . eccles . l. . cap. . iunius in deut. . piscator ibid. wolphius in . reg. . gerhard harm . de pass . cap. . g●…dwin moses and aaron lib. . cap. . bucerus de gubern . eccl . pag. , . walaeus tom. . pag. . pelargus in deut. . sopingius ad bonam fidem sibrandi pag. . et seq . the dutch annotations on deut. . & chron. . bertramus de polit . jud. cap. . ap●…llonii jus majest . part . . p. . strigelius in . paralip . cap. . the professours of groning . ( vide judicium facult . theol. academiae groninganae , apud cabeljav . def . potest . eccl. pag. . ) i remember raynolds in the conference with hart is of the same opinion . also m. paget in his defence of church government , pag. . besides divers others . i shall onely adde the testimony of constantinus l'empereur , a man singularly well acquainted with the jewish antiquities , who hath expressed himselfe concerning this point both in his annotations upon bertram pag. . and annot. in cod. middoth . pag. , . the latter of these two passages you have here in the c margin , expressing not only his opinion , but the ground of it . and it is no obscure footstep of the ecclefiasticall sanhedrin , d which is cited out of elias , by d. buxtorf in his lexicon chald. talmud . & rabbin . p. . the first institution of an ecclesiasticall sanhedrin appeareth to me to be held forth exod. . . where god saith to moses , come up unto the lord , thou and aaron , nad●… and abihu , and seventy of the elders of israel . it is a controversie among interpreters who those seventy elders were . f tostatus maketh it cleare , that they were not the seventy elders chosen for the government of the common-wealth , num . nor yet the judges chosen by the advice of iethro , exod. . nor yet any other judges which had before time judged the people . these three negatives willet upon the place holdeth with tostatus . not the first : for this was done at mount sinai , shortly after their comming out of egypt . but on the twenty day of the second moneth , in the second yeere , they tooke their journey from sinai to the wildernesse of paran , num. . , . and there pitched at hibroth-hattaavath num. . . where the seventy elders were chosen to relieve moses of the burthen of government . so that this election of seventy exod. . was before that election of seventy num . not the second : for this election of seventy exod. . was before that election of judges by iethros advice exod. . iethro himselfe not having come to moses till the end of the first yeere , or the beginning of the second yeere after the comming out of egypt , and not before the giving of the law : which tostatus proves by this argunent , the law was given the third day , after they came to sinai ; but it was impossible that iethro should in the space of three daies , heare that moses and the people of israel were in the wildernesse of sinai , and come there unto them , that moses should goe forth and meet him , and receive him , and entertaine him ; that iethro should observe the manner of moses his government , in litigious judgement from morning till evening , and give counsell to rectifie it ; that moses should take course to helpe it ; how could all this be done in those three daies , which were also appointed for sanctifying the people against the receiving of the law ? therefore g he concludeth that the story of iethro exod. . is an anticipation . lastly , he saith , the seventy elders mentioned exod. . could not be judges who did judge the people before iethro came , because iethro did observe the whole burthen of government did lie upon moses alone , and there were no other judges . now it is to be observed , that the seventy elders chosen and called exod. . were also invested with h authority in judging controversies , wherein aaron or hur were to preside vers . . they are joyned with aaron , nadad , and abihu , and are called up as a representative of the whole church , when god was making a covenant with his people . t is after the judiciall lawes , exod. . & . & . and that chapter is a transition to the ceremoniall lawes concerning the worship of god , and structure of the tabernacle , which are to follow . neither had the seventy elders ( of which now i speake ) any share of the supreme civill government , to judge hard civill causes , and to receive appeals concerning those things from the inferiour judges ; for all this did still lie upon moses alone , num. . . furthermore they saw the glory of the lord , and were admitted to a sacred banquet , and to eat of the sacrifices in his presence exod. . , , . and were thereby confirmed in their calling . all which laid together may seem to amount to no lesse then a solemne interesting and investing of them into an ecclesiasticall authority . the next proofe for the ecclesiasticall sanhed●in shall be taken from deut. . , , , , . where observe . t is agreed upon both by jewish and christian expositors , that this place holds forth a supreme civill court of judges , and the authority of the civill sanhedrin is mainly grounded on this very text. now if this text hold forth a superior civill jurisdiction ( as is universally acknowledged ) it holds forth also a superior ecclesiasticall jurisdiction distinct from the civill . for the text carrieth the authority and sentence of the priests as high , as the authority and sentence of the judges , and that in a disjunctive way , as two powers , ( not one ) and each of them binding , respectively , and in its proper sphere . . the hebrew doctors tell us of three kinds of causes , which being found difficult were transmitted from the inferiour courts to those at ierusalem . . capitall causes . . mulcts . . leprosie , and the judgement of clean or unclean . now this third belonged to the cognizance and judgement of the priests . yea the text it self holdeth forth two sorts of causes , and controversies , some forensicall between blood and blood : some ceremoniall between stroke and stroke ; not onely hierome , but the chaldee , and greek , readeth , between leprosie and leprosie . grotius noteth , the hebrew word is used for leprosie , many times in one chapter , lev. . plea and plea seemeth common to both , there being difference of judgement concerning the one and the other . . here are two iudicatories distinguished by the disjunctive or v. . which we have both in the hebrew , chaldee , greek , and in our english translation ; so that vers . . and is put for or , as grotius noteth , expounding that verse by vers . . and as the priests and levites are put in the plurall v. . the like must be understood of the iudge , whereby we must understand iudges , and so the chaldee readeth v. . even as ( saith ainsworth ) many captains are in the hebrew called an head , chron. . . and so you have there , references of difficult cases from inferior courts , to the priests or to the judges at ierusalem . . there is also some intimation of a twofold sentence ; one concerning the meaning of the law , according to the sentence of the law , which they shall teach thee , v. . and this belonged to the priests , mal. . . for the priests ( it s not said the judges ) lips should preserve knowledge , and they should seek the law at his mouth . another concerning matter of fact , and according to the judgement which they shall tell thee , thou shalt do . grotius upon the place acknowledgeth a udgement of the priests distinct from that of the judges : and he add●th a simile from the roman synod consisting of seventy bishops which was consulted in weighty controversies . but he is of opinion that the priests and levites did onely end avour to satisfie and reconcile the dissenting parties , which if they did , well , if not , that then they referred the reasons of both parties to the sanhedrin , who gave forth their decree upon the whole matter . the first part of that which he saith , helpeth me . but this last hath no ground in the text , but is manife●ly inconsistent therewith , v. . the man that will doe presumptuously , and will not hearken unto the priest , or unto the judge , even that man shall die . which proves , i that the judgement of both was supreme in suo genere , that is , if it was a controver●e ceremoniall , between leprosie and leprosie , or between clean and unclean , lev. . , , . ezech. . . or dogmaticall and doctrinall , concerning the sence of the law , and answering de jure , when the sence of the law was controverted by the iudges of the cities , then he that would not stand to the sentence of the ecclesiasticall sanhedrin , whereof the high priest was pre●dent , was to die the death . but if the cause was criminall , as between blood and blood , wherein the nature or proofe of the fact , could not be agreed upon , by the judges of the cities , then he that would not submit to the decree of the civill sanhedrin at i●…rusalem should die the death . and thus the english divines in their late annotations , give the sence according to the disjunction , v. . while the priest bringeth warrant from god for the sentenee which he passeth in the cause of man , ezech. . , . he that contumaciously disobeyeth him disobeyeth god , luke . . matth. . . the cause is alike if the just sentence of a competent judge be contemned in secular effaires . in the third place , we read that david did thus divide the levites ( at that time eight and thirty thousand ) foure and twenty thousand of them were to set forward the work of the house of the lord , foure thousand were porters , and foure thousand praised the lord with instruments , and six thousand of them were made some schoterim officers , and some sch●…phtim judges , chro. . . some understand by schoterim rulers , or those who were over the charge . to speak properly schophtim were those that gave sentence ; schoterim those that lookt to the execution of the sentence , and to the keeping of the law , like the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the craecians : ( for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was one thing , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 another . ) so chro. . . chenaniah and his sonnes were for the outward businesse over israel , fo●… officers ( or rulers or over the charge ) and judges : that is , they were not tied to attendance and service in the temple , as the porters and singers , and those that did service about the sacrifices , lights , washings , and such like things in the temple : but they k were to judge and give sentence concerning the law and the meaning thereof , when any such controversie should be brought before them from any of the cities in the land : they were not appointed to be officers and judges over the rest of the levites to keepe them in order ( for which course was taken in another way ) but to be rulers and judges over israel , saith the text , in the outward businesse which came from without to ierusalem , in judging of which peradventure they were to attend by course , or as they should be called . if any say that all those levites who were judges did not sit in judgement at ierusalem , but some of them in severall cities of the land , that there might be the easier accesse to them ; i can easily grant it , and i verily believe it was so , and it maketh the more for a church government in particular cities , which was subordinate to the ecclesiasticall sanh d●in at ierusalem . however the levites had a ruling power , and deut. . . those who are schoterim in the originall , the septuagints call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hierome , doctores , because their teachers were officers over the charge , and had a share in government . now no man can imagine that there were no other officers over the charge not judges in israel , except the levites onely ; for it followeth in that same story , ● chro. . . and david assembled all the princes of israel , the princes of the tribes , and the captains of the companies that ministred to the king by course , & the captains over the thousands , &c. nor yet wil any man say , that the levites were officers over the charge , and judges of the same kind , in the same manner , or for the same ends , with the civill rulers and judges , or the military commanders ; or that there was no distinction between the ruling power of the princes , and the ruling power of the levites . where then shall the difference lie , if not in this , that there was an ecclesiasticall government , besides the civill and military ? i grant those levites did rule and judge not onely in all the businesse of the lord , but also in the service of the king , chro. . , . but the reason was , because the jewes had no other civill law , but gods owne law , which the priests and levites were to expound . so that it was proper for that time , and there is not the like reason that the ministers of jesus christ in the new testament should judge or rule in civill affairs : ( nay it were contrary to the rule of christ and his apostles for us to do so ) yet the levites their judging and governing in all the bufines of the lord , is a patterne left for the entrusting of church officers in the new testament with a power of church government : there being no such reason for it , as to make it peculiar to the old testament , and not common to the new. the fourth scripture which proves l an ecclesiasticall government and sanhedrin , is chro. . , , . where iehoshaphat restoreth the same church government , which was first instituted by the hand of moses , and afterward ordered and setled by david . moreover ( saith the text ) in jerusalem did jehoshaphat set of the levites , and of the priests , and of the chiefe of the fathers of israel , for the judgement of the lord , and for controversies , &c. it is not controverted whether there was a civill sanhedrin at ierusalem , but that which is to be proved from the place , is an ecclesiasticall court , which i prove thus . where there is a court made up of ecclesiasticall members , judging spirituall and ecclesiasticall causes , for a spirituall and ecclesiasticall end , moderated by an ecclesiasticall president , having power ultimately and authoritatively to determine causes and controversies brought before them by appeale or reference from inferiour courts ; and whose sentence is put in execution by ecclesiasticall officers ; there it must needs be granted that there was a supream ecclesiasticall court , with power of government . but such a court we finde at ierusalem in iehoshaphats time . ergo. the proposition i suppose no man wil deny . for a court so constituted , so qualified , and so authorised , is the very thing now in debate . and he that will grant us the thing which is in the assumption , shall have leave to call it by another name if he please . the assumption i prove by the parts . . here are levites and priests in this court , as members thereof , with power of decisive suffrage , and with them such of the chiefe of the fathers of israel , as were joyned in the government of that church ; whence the reverend and learned assembly of divines , and many protestant writers before them have drawn an argument for ruling elders . and this is one of the scriptures alledged by our divines against bellarmin , to prove that others beside those who are commonly ( but corruptly ) called the clergy ought to have a decisive voyce in synods . . spirituall and ecclesiasticall causes were here judged : which are called by the name of the judgement of the lord , v. . and the matters of the lord distinguished from the kings matters , v. . so v. . beside controversies between blood and blood , that is , concerning consanguinity and the interpreting of the laws concerning forbidden degrees in marriage , ( it being observed by interpreters that all the lawfull or unlawfull degrees are not particularly expressed , but some onely , and the rest were to be judged of by parity of reason , and so it might fall within the cognizance of the ecclesiasticall sanhedrin . ) though it may be also expounded otherwise , between blood and blood , that is , whether the murther was wilfull or casuall , ( which was matter of fact ) the cognisance whereof belonged to the civill judge ; it is further added between law and commandement , statutes and judgements : noting seeming contradictions between one law and another , ( such as manasseb ben israel hath spoken of in his conciliator ) or when the sence and meaning of the law is controverted , ( which is not matter of fact , but of right ) wherein speciall use was of the priests whose lips should preserve knowledge and the law was to be sought at his mouth , a●…al . . . and that not onely ministerially and doctrinally , but judicially and in the sanhedrin at ierusalem , such controversies concerning the law of god were brought before them , as in chro. . the place now in hand . yea shall even warn them , &c. which being spoken to the court , must be meant of a synedricall decree , determining those questions and controversies concerning the law , which should come before them . as for that distinction in the text of the lords matters and the kings matters , erastus page . saith that by the lords matters is meant any cause expressed in the law , which was to be judged . whereby he takes away the distinction which the text makes ; for in his sence the kings matters were the lords matters . which himselfe ( it seems ) perceiving , he immediately yeeldeth our interpretation , that by the lords matters are meant things pertaining to the worship of god ; and by the kings matters , civill things . si per illas libet res ad cultum dei spectantes , per haec res civiles accipere , non pugnabo . if you please ( saith he ) by those , to understand things pertaining to the worship of god , by these , civill things , i will not be against it . . it was for a spirituall and ecclesiasticall end , ye shall even warne them that they trespasse not against the lord. it s not said against one another , but against the lord , for two reasons . . because mention had been made of the commandements , statutes , and iudgements , after the generall word law , v. . by which names interpreters use to understand ( both in this and many other places of scripture ) the lawes morall , ceremoniall and judiciall . now the case to be judged might be part of the ceremoniall law , having reference to god and his ordinances ; and not part of the judiciall law , or any injury done by a man to his neighbour . and in refer●nce to the morall law it might ●e a trespasse against the first table , not against the second . . even in the case of a personall or civill injury , or whatso●ver the controversie was that was brought before them , they were to warn the judges in the cities not to trespasse against the lord by mistaking or mis-understanding the law , or by righting mens wrongs so as to wrong divine right . and for that end they were to determine the ius , and the intendment of the law , when it was controverted . . whatsoever cause of their brethren that dwelt in the cities , should come unto them , v. . ( whether it should come by appeale , or by reference and arbitration ) this court at ierusalem was to give out an ultimate and authoritative determination of it . so that what was brought from inferiour courts to them , is brought no higher to any other court. . this court had an ecclesiasticall prolocutor or moderator , v. . amariah the chiefe priest is over you in all matters of the lord : whereas zebadiah the ruler of the house of iudah , was speaker in the civill sanhedrin for all the kings matters . amariah and zebadiah were not onely with the sanhedrin , as members , or as councellors , but over them as presidents . eis summos magistratus ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) ex amicorum numero praeposuit , amasiam sacerdotem , & ex judae tribu zebadiam , saith iosephus antiq . l. . cap. . erastus confesseth pag. . that both of them were presidents set over the sanhedrin . and pag. . si sacerdotem in dei nomine , zebadiam autem regis praesedisse affirmetur , non refragabor . he confesseth also , that the one was more especially to take care of the lords matters , the other of the kings matters . what then ? he saith they were presidents both of them to the whole sanhedrin , not the one to one number , and the other to another . yet in this he yeeldeth also p. . quanquam non peccet forte , qui senatores hos per officia distributos di●…at , ut alii magis haec , alii magis illa negotia tractarint . whosoever denieth that that place proveth two distinct courts , he may be convinced from this one reason , and i shall say to him in the words of bildad , jo●… 〈◊〉 . . enquire i pray thee of the former age , and prepare thy selfe to the s●…arch of their fathers : and in the prophets words , ierem. . . passe over the isles of chittim , and see , and send unto kedar and consider diligently : and see if there be such a thing . where was it ever heard of , that a priest was president of a cou●t , and that in sacred things and causes ; that a civill magistrate was president of a court , and that in civill causes : and yet not two courts , but one court ? if both courts had materially consisted of the same members , of the same priests , and of the same fathers of israel , ( which yet cannot be proved ) this very diversification of the presidents , and of the subject matter , ( if there were no more ) will prove two courts formally distinct . even as now among our selves the same men may be members of two , or three , or foure , or more courts , but the distinction of presidents , and of the subject matter , maketh the court distinct . . here were also ecclesiasticall officers , vers . . also the levites shall be officers before you . as before chro. . & . some of the levites were schophtim judges to give sentence , others schoterim , officers to see that sentence put in execution , and to cause those that were refractory to obey it , ( so doe the hebrews distinguish these two words ) so it was here also , some of the levites appointed to judge , v. . some to doe the part of officers in point of execution of ecclesiasticall censures , for they could not , nor might not compell men by the civill sword. the same name is given to military officers who prosecute the commands of authority , iosh. . . and so much of this fourth . the fifth place which i take to hold forth that distinction of courts and jurisdictions is ierem. , where first the prophet is taken into the court of the priests and prophets , for which the chaldee readeth scribes , whose office it was to be doctors of the law , and to resolve the difficult cases , and in that capacity they were members of ecclesiasticall councels , matth. . . to the same sence saith diodati , that the prophets here spoken of , were such as were learned in the law , and had been bred in the schooles and colledges of the chiefe prophets , and in jeremiahs time were present at ecclesiasticall judgements and assemblies , kings . . as in christs 〈◊〉 scribes and doctors of the law used to be , who were somewhat like these prophets . menochius and others expound it as the chaldee doth . in this court ieremiah was examined and judged as a false prophet , v. . . yet though they had judged him worthy to die , the court of the princes acquitteth him as a prophet of the lord , who had spoken to them in the name of the lord , v. , , . that ieremiahs cause was twice judged in two distinct courts , and two different sentences upon it , hath been asserted by divers of the erastian party to prove appeales from ecclesiasticall to civill courts : to which argument i have elsewhere spoken . onely i take here what they grant , that there were two courts , and two sentenc●s given , and so it was . the sentence of the court of the priests , ( as themselves explaine it , v. . ) was this , this man is worthy to die , or as the hebrew hath it , the judgement of death is for this man. the chaldee thus , a sinne of the judgement of death is upon this man. for ( say they ) he hath 〈◊〉 so and so ; and he that speaketh against this city , and against this holy place is worthy to die . but the sentence ●f the court of the princes is v. . this man is n●…t worthy to die , for he hath spoken to us in the name of the lord our god. they doe not say to the priests , who did put any jurisdiction or authority to judge , in your hands ? but they acquit him in point of fact , whom the court of the priests had condemned in point of right , as if they had said to the priests , if ieremiah were a false prophet , you had reason to call for justice upon him even unto death : but your judgement hath runne upon a false supposition in point of fact , which we doe not finde proved , but know to be false . wherefore from this place , these two things may appeare : ▪ that the court of the priests had not power of capitall punishments ; for if they had , certainly ieremiah had been put to death , as hierom noteth . . yet they had a power to judge of a false prophet , and judicially to pronounce him to be a false prophet , and such a one as ought to be punished so and so , according to the law. that they had such a power , appeareth , . from v. , . where they doe not take him to lead him to the court of the princes , and there to ●ccuse him ; but they take him , so as to give forth their owne sentence against him , as against a false prophet , thou shalt surely die , say they , why hast thou prophesied in the name of the lord , &c. why didst thou dare to pretend the name of god , as if god had sent thee to preach against the temple and holy city ? . i●…remiah doth not in all his differences alledge that the priests and scribes had not power to judge of a false prophet , or to give sentence against one in such a case . nor yet did the princes object this , as hath been said ; yet this had been as strong an exception as could have been made against the priests , if they had assumed a power and authority of judgement , which was without their sphere , and did not at all belong unto them . . if you compare the sentence of the priests with the sentence of the princes , the former is in suo genere , no lesse judiciall , authoritative , and peremptory , than the later : onely that was affirmative , this was negative . finally , let us take for a conclusion of this argument , that which m r. prynne himselfe in his fourth part of the soveraigne power of parliaments and kingdomes , pag. . tels us out of vindiciae contra tyrannos , with an approbatory and encomiastick close of his citation . ieremy being sent by god to denounce the overthrow of the city jerusalem , is for this first condemned ( citing in the margin ierem. . ) by the priests and prophets , that is , by the ecclesiasticall judgement or senate : after this by all the people , that is , by the ordinary judges of the city , to wit , by the captains of thousands and hundreds : at last by the princes of judah : that is , by men sitting in the new porch of the temple ; his cause being made known , he is acquitted . the sixth place which intimateth an ecclesiasticall sanhedrin , is ierem. . . where the adversaries of ieremiah say among themselves , come and let us d●…vise devices against jeremiah , for the law shall not perish from the priest , nor counsell from the wise , nor the word from the prophet . come , and let us smite him with the tongue . the force of their argument , ( as not onely our interpreters , but maldonat also and sanctius , following aquinas and lyra , tell us ) stands in this , those who are of greatest authority in the church , the priests , prophets , and elders , with whom are the oracles of truth , doe contradict ieremiah , therefore he is a false prophet . but what was the ground of this consequence ? surely the ground was , that which bullinger and the late english annotations doe observe , namely , the popish error was also their error , the church cannot erre . but let us yet follow the argument to the bottome . how came they to thinke the church cannot erre ? or what was that church which they thought infallible ? no doubt they had respect to the law of the sanhedrin , deut. . , , . and thou shalt doe according to the sentence which they of that place ( which the lord shall ●…hoose ) shall shew thee ; and thou shalt observe to doe according to all that they enforme thee . according to the sen●…ence of the law which they shall teach thee , and according to the judgement which they shall tell thee , thou shalt 〈◊〉 : thou shalt not decline from the sentence which they shall shew thee , to the right hand , or to the left ; and the man that will doe presumptuously , and will not hearken unto the priest ( that standeth to minister there before the lord thy god ) or unto the judge , even that man shall die . from this scripture misapplyed they drew an argument against ieremiah . wherein their meaning could not be this , that the doctrine of every individuall priest , or of every individuall scribe , is infallible , ( for as the law now cited did speak of the sanhedrin , not of individuall priests , so neither the jewes of old nor the papists after them , have drawn the conceited infallibility so low , as to every particular priest. ) but they mean collectively , and point at an assembly or councell of priests , wise-men , and prophets , which ( as they apprehended ) could not erre , and whose determination they preferred to the word of the lord by ieremiah : for the law ( that is , saith menochius , the interpretation of the law ) can not perish from the priest , nor counsell from the wise . now this was an ecclesiasticall , not a civill sanhedrin , which may appeare thus : first , they doe not make mention of the judge mentioned deut. . ( where the priest & the judge are distinguished ) onely they mention the priest , the prophet , ( for which the chaldee hath scribe : which is all one , as to the 〈◊〉 argument for we finde both prophets and scribes in ecclesiasticall assemblies , as was said before ) and the wise . by the wise are meant those that were chiefe or did excell among the scribes or doctors of the law. so grotius annot . in matth. ● . . and it may be collected from ierem. . , . this is cert●ine , that these wise men were church-officers ; for as they are 〈◊〉 from the judges , esay . . so jesus christ speaking of 〈◊〉 , and other ministers of the gospel , whom he was to send forth , expresseth himselfe by way of allusion to the ecclesiasticall ministers of the jewes . matth . . behold i send unto you prophets , and wise men , and scribes , which luke ch . . v. . hath thus , i will send them prophets and apostles . secondly , the civill sanhedrin at this time did ( so far as we can finde ) contradict ieremiah ; but when his cause came afterward before them , ierem. . they shew much favour and friendship to him . thirdly , that which is added , come and let us him smite with the tongue : may be three waies read , and every way it sut●th to the ecclesiasticall sanhedrin ( whether themselves be the speakers in the text , or whether the people be the speakers of it , as of that which they would de●ire and move the sanhedrin to doe in the name of them all ) either thus : let us smite him for the tongue , that is for an ecclesiasticall cause , for false doctrine . or thus , let us smite him in the tongue ( so the septuagint , and arias montanus ) that is , let us smite him with an ecclesiasticall censure , and silence him , and discharge him to preach any more to the people . or thus , let us smite him with the tongue , that is , with an ecclesiasticall sentence or declaration , smite him not with the sword ( which belonged onely to the civill magistrate ) but with the tongue , by declaring him to be a false prophet , and by determining the case de jure , what ought to be done with him according to the law. seventhly , consider another place , ezech. . . then shall they seek a vision of the prophet : but the law shall perish from the priest , and counsell from the ancients . here againe , these are to be lookt upon collectively and conjunctly , ( not di●tributively and severally ) and this i prove from the text it selfe , not onely because the counsell here sought for , was not to be given by one ancient , but by the ancients , yea i● was a principall part of the curse or judgement , that counsell could not be had from an assembly of ancients or elders , suppose it might be had from some individuall elders here or there : ) but also because the antithesis in the text intimateth a disappointment in that thing which was sought after . they shall seeke a vision from the prophet , or ( as the chaldee hath it ) discipline from the scribe . this they shall not finde , and why ? because the law shall perish from the priest , and counsell from the ancients . it was therefore consistoriall or synedricall counsell , judgement , or disscipline , which should be sought , but should not be found . so that though a prophet of the lord shall peradventure be found , who can reveale the councell of the lord , in a time of generall defection , like micaiah contradicting the prophets , yet an ecclesiasticall counsell of prophets , scribes , priests , and elders , sometime israels glory , shall turn to be israels shame , and that assembly which did sometime respondere d●… jure , and pronounce righteous judgement , and give light in difficult cases , shall doe so no more : the very light of israel shall be darknesse ; the law and counsell shall perish from them ; that is , they shall not finde councell , nor the understanding of the law , saith sanctius . polanus upon the place draweth an argument against the infallibility of counsels , because the law and counsell did perish not onely ( saith he ) from the priests here and there in the cities , but also from the high priest , and the other priests and elders , who were together at ierusalem . if this text be rightly applied by him ( and so it is by other protestant writers ) to prove against papists that councels may erre , then here was an ecclesiasticall councell . eightly , even without ierusalem and i●…da there was a senate or assembly of elders , which did assist the prophets in overseeing the manners of the people , censuring sin , and deliberating of the common affairs of the church . this c. bertramus de polit . jud. c. . collecteth from kings . . but elisha sate in his house , and the elders sate with him . i know some think that those elders were the magistrates of samaria , but this i cannot admit , for two reasons . . because iosephus antiq. lib. . cap. . cals them elishaes disciples : and from him hugo cardinalis , carthusianus , and others doe so expound the text. they are called elishas disciples , as the apostles were christs disciples , by way of excellency and eminency : all the disciples or sonnes of the prophets were not properly elders , but those onely who were assumed into the assembly of elders , or called to have a share in the mannaging of the common affaires of the church . . cajetan upon the place gives this reason from the text it selfe , to prove that these elders were spirituall men ( as he speaketh ) because elisha asketh them , see ye how this sonne of a murderer hath sent to take away my head ? what expectation could there be , that they did see a thing , then secret and unheard of , unlesse they had been men familiar with god ? now these elders were sitting close with elisha in his house . it was not a publike or church assembly for worship , but for counsell , deliberation , and resolution , in some case of difficulty and publike concernment . so tostatus and sanctius on the place . a paralell place there is , ezech. . . i sate in mine house , and the elders of iudah sate before me . whether those elders came to know what god had revealed to the prophet , concerning the state of iudah and ierusalem , as lavater upon the place supposeth , or for deliberation about some other thing , it is nothing like a civill court , but very like an ecclesiasticall senate . now if such there was out of ierusalem , how much more in ierusalem , where ( as there came greater store of ecclesiasticall causes and controversies concerning the sence of the law , to be judged , so ) there was greater store of ecclesiastical persons ●it for government ? whatsoever of this kind we finde elsewhere , was but a transsumpt , the archetype was in ierusalem . ninthly , that place ze●…h . . , , . helpeth me much . the jews sent commissioners unto the temple , there to speake unto the priests which were in the house of the lord of hosts , and to the prophets ( the chaldee hath and to the scribes ) saying , should i weepe in the first moneth , &c. here is an ecclesiasticall assembly , which had authority to determine controversies concerning the worship of god. grotius upon the place distinguisheth these priests and prophets from the civill sanhedrin , yet he saith they were to be consulted with , in controverted cases , according to the law , deut. . . if so , then their sentence was authoritative and binding , so far that the man who did presumptuously disobey them , was to die the death , deut. . . tenthly , let it be considered what is that moshav zekenim consessus or cathedra seniorum , psal. . . ( for though every argument be not an inf●llible demonstration , yet cuncta juvant ) let them exalt him also in the congregation ( or church ) of the people , and praise him in the assembly of the elders . compare this text with psalm . , , . as likewise with psalm . , , . in all the three texts , there are three sorts of persons distinguished , and more especially called upon to glorifie god. oh that men would praise the lord for his goodnesse , saith the text in hand , psalm . . for that you have in the other two places , ye that feare the lord , &c. for the congregation of the peple , you have in the other two places israel , and the house of israel . for the assembly of the elders , you have in the other texts , the house of aaron . i will not here build any thing upon the observation of hugo cardinalis on psalm . . that the congregation of the princes is not mentioned in this businesse , because not many mighty , not many noble , &c. one thing i am sure of , there were elders in israel , clearly distinct both from the princes , judges , and civill magistrates , ios. . . kings . . ezra . . acts . . and elsewhere . and the parallel texts afore cited , doe couple together these elders and the house of aaron , as pastors and ruling elders now are ; and as the priests and elders are found conjoyned elsewhere in the old testament , exod. . . deut. . . with vers . . ezech. . . ier. . . so matth. . . the work also of giving thanks for mercies and deliverances obtained by the afflicted and such as have been in distresse ( the purpose which the psalmist hath in hand , extended also to the deliverances of particular persons . ) is more especially commended to those who are assembled in an ecclesiasticall capacity . even as now among our selves , the civill courts of justice , or magistrates and rulers or judges assembled by themselves in a politick capacity , use not to be desired to give thanks for the delivery of certain persons from a danger at sea , or the like . but it were very proper and fit to desire thanks to be returned , . by those that feare god ; for as we should desire the prayers , so likewise the praises of the saints . . by the church or congregation , of which they that have received the mercy are members . . by the eldership , yea ( if therebe occasion ) by a synod of elders , who as they ought to watch over the city of god , and to stand upon their watch-tower for observing approaching dangers , so they ought to take speciall notice of exemplary mercies , bestowed upon the afflicted members of the church , and be an ensample to the flocke , in giving thanks , as well as in other holy duties . the eleventh place , which seemeth to hold forth unto us an ecclesiasticall sanhedrin , is ezech. . . where its said of the prophets that did see vanity , and divine lies : they shall not be in the assembly of my people , neither shall they be written in the writing of the house of israel , neither shall they inter into the land of israel . where ( as diodati and grotius observe , ) the speech riseth by degrees . . they shall not any more be admitted into the assembly or councell to have any voice there , as prophets in those daies had saith diodati citing ier. . . secondly , they shall not so much as come into the computation or numbring of the people as members of the church of israel . . nay they shall not be permitted to dwell in the holy land , or to returne thither from their captivity ; they shall not have so much favour as strangers had , who might come into the holy land and sojourne there . in the first branch , the word translated assembly is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sod which properly signifieth a secret , and is used for counsell ( because counsell ought to be secret ) or for the place of counsell , or assembly of counsellers . pagnin in his thesaurus p. . readeth this place with hierome , in consilio , or otherwise saith he , in concilio . vatablus : in concilio populi mei non erunt . the septuagints read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : that is , those prophets shall have no hand in the discipline of my people . the same word they render in other places by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , yea by both these put together , prov. . . where for the hebrew sod , the septuagints have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he that revealeth the secret counsels in the sanhedrin ; and it cohereth well with the preceding verse , where they mention 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , governments . sometime they expound the word by an episcopall ( i mean not prelaticall ) inspection iob . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . god was an overseer of my house . so that , so far as the septuagints authority can weigh , that place ezek. . . must be understood of the secluding of those prophets from the sanhedrin , not from the civill ( in which the prophets were not members ) but from the ecclesiasticall sanhedrin . in the twelfth and last place , the new testament holds out to us an ecclesiasticall sanhedrin : whether the civill sanhedrin was wholy taken away by herod , and another civill sanhedrin not substitute in the place of that which he took away , but the ecclesiasticall sanhedrin onely remaining , as some hold ; or whether both did then continue though not so clearely distinct , as others hold : this we finde that there was an ecclesiasticall government in the hands of church-officers ; for . there was a councell of the priests and elders and scribes matth. . . & . . & . . & . , . & . . . marke . . luke . . acts . . m the centurists say that those elders were joyned with the priests in the government of the church , with ecclesiasticall persons in ecclesiasticall affaires . which hath been rightly taken for a president of our ruling elders . . that councell is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 luke . . acts . . the presbytery or eldership : the very name which paul gives to that assembly of church-officers , who ordained timothy , tim. . . is it credible that the apostle would transfer the name of a civill court to signifie an assembly , which was meerely ecclesiasticall and not civill ? the very use of the word in this sence by the apostle , tels us that in his age the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was taken in an ecclesiasticall notion onely . . this councell did examine iesus concerning his disciples and his doctrine , and received witnesses against him , and pronounced him guilty of blasphemy , matth. . . marke . , . ioh. . . hence protestant writers draw an argument against papists , to overthrow their infallibility of councels : unto which argument bellarmine deviseth foure answers . but it came not once into his thoughts , to reply that this councell was civill , not ecclesiasticall , which had been his best answer , if any probability for it . it hath been supposed , both by protestant , and popish writers , that it was an ecclesiasticall councell , such as the controversie is about : otherwise our argument had been as impertinent , as their answer was insufficient . . our opposites have no evasion here , but that which bilson , saravia , and others of the prelaticall party did answer in opposition to ruling elders ; namely , that the jewish elders were judges or magistrates ; but the reply which served then , will serve now : the elders are plainly distinguished from judges , rulers , and princes , ios. . . & . . deut. . . iud. . . kings . , . ezra . . acts . . t●…status on deut. . . & . , . observeth the same distinction of judges and elders . pelargus on deu●… . . , , . observeth the like . that which i say concerning the distinction of judges and elders may be confirmed by halichoth olam tract . . cap . the judges of soura , m. houna , and d. isaac . the iudges of phoumbeditha m. papa the sonne of samuel , &c. the elders of soura m. houna and m. hisda . the elders of phoumbeditha ena and abimi the sonne of rahba . and thus we are taught how to under and th●se gemarick phrases , of the judges of such a place , and the eld●rs of such a place , that we may not mistake them as if they were one . . some have also drawne a patterne for the constitution of synods , from that councell , acts . , . where we finde assembled together rulers , 〈◊〉 , elders , scri●es , according to which patterne we have in our synods , . the civill 〈◊〉 to preside in the order of proceedings , for preventing tumults , injuries , disorders , and to assist and protect the synod . . pastors of churches . . doctors from universities , answering to the scribes or doctors of the law. . ruling elders who assist in the government of the church . . after that iudaea was redacted into a province , and the romans having keptin their owne hands , not only the power of life and death iohn . . but all judgement in whatsovever civill , or criminall offences , falling out among the jews , meant by matters of wrong or wicked leudness , acts . . and having left to the jewes no government , nor any power of judgement , except in things pertaining to their religion onely ib. verse . these six things considered , it is very unprobable ( if not unpossible ) that the councell of the priests , elders , and scribes , mentioned so often in the new testament , should be no ecclesiasticall court , but a temporall and civill magistracy . the centurists cent. . lib. . cap. . reckon that councell for an ecclesiasticall court , distinct from civill magistracy : and they propose these two to be distinctly treated of , acta coram pontificibus seu magistratu ecclesiastico , ( and here they bring in the councell of the priests , elders , and scribes , ) and actio coram pilato seu magistratu politico . i know erastus lib. . cap. . aud lib. . cap. . though he confesse plainly that the jewish sanhedrin mentioned in the gosspell , and in the acts of the apostles , had onely power of judging causes belonging to religion , and that the romans did leave them no power to judge of civill injuries ; yet he holdeth , that in these causes of religion , the sanhedrin had power not onely of imprisoning , and scourging , but even of death it selfe . and so endeavours to make it a temporall or civil magistracy , ( which m r prynne also doth vindic . page , . yet he speaketh dubiously of their power of capitall punishments . ) but this is confuted by the reasons which i have given . whereunto i further adde these few animadversions . . the strongest proofe which erastus brings out of iosephus antiq . lib. . cap. . which ( as he alledgeth ) puts the thing out of all controversie , is a very weake and insufficient proof . iosephus tels us in the close of that chapter , that after the death of herod and a chelaus , this was the jewish government , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this he citeth page . and page . to prove that the sanhedrin in christs time , was a civill magistracy , having power of the sword. but i may with a great deale more probability argue contrariwise from these words . iosephus tels us the constitution and forme of the jewish policy or government was at that time aristocraticall , but it was an ecclesiasticall aristocracy , the government was in the hands of the chiefe priests . or thus ( if you will ) the jewes at that time had a bare name of an aristocracy ; they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 optimates , primates , or rulers : but it was titulo tenus , all power of civill government being taken from them by the romans , and the government that was , was ecclesiasticall . that very chapter gives us a better argument to prove , that the romans did not permit to the jewes capitall judgements : for iosephus there records that ananus the high priest taking the opportunity after the death of festus , while albinus the successour of festus , was but yet on his journey toward iudea , did call a councell of judges ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) before whom he presented iames the brother of christ , and some others , who were ( as guilty of impiety ) condemned to be stoned . which mightily displeased all such as did observe the laws . albinus at that time comming from alexandria , being enformed of the thing , and that it was not lawfull for ananus to doe any such thing , without the roman governour , wrote a chiding and threatning letter to ananus . and further , the thing being secretly signified by some to king agrippa , who did also beseech the king to command ananus to doe no such thing againe , he having trespassed in this . whereupon agrippa was so highly offended , that he tooke away from ananus the high priests place , and gaue it to iesus the sonne of damneus . . whereas erastus argueth from the imprisoning , beating , or scourging , yea taking counsell to kill the apostles acts , & . the stoning of steven acts . pauls letters from the high priest , for biuding and bringing to ierusalem the disciples of the lord acts . , . also the imprisoning and condemning to death the saints acts . . unto all this i answer out of n iosephus , that in that degenerate age the high priests and such as adhered to them , did use a great deale of violence , whereby they did many things for which they had no just nor lawfull power . so that the letters and warrants given out to saul , and the execution of the same by a cruell and bloody persecuting of the saints , can not prove the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the power and authority which was allowed to the sanhedrin , but onely the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the present prevalent power of the high priest and his faction in that confusion of affaires ; and their extreame malice against the saints , to have been such as made them to doe things for which they had no legall power nor warrant . and this one animadversion breakes all the strength of m r prynnes argument vindic . page . that the councell of the jewes had power ( which no meere ecclesiasticall consistory can doe ) to scourge , imprison , torture , and out-law offenders , if not to c●…ndemne , put to death . ( where he citeth divers texts , none of which proveth either torturing , or out-lawing , and the most of which , prove not so much as that the councell of the jewes at that time had authority to scourge or imprison , as matth. . . & . . mark . . acts . , , . & . . & . . ) the imprisonment of the apostles was not without the authority of the captaine of the temple acts . , . this captaine of the temple , is thought by the best interpreters , to have been the captaine of the garrison which the romans placed in the ca●tle antonia hard by the temple , and that to prevent tumults and uproares when the people came to the temple , especially at the solemne feasts in great multitudes . but that the captaine of the temple was a civill magistrate of the jewes , or one d puted with authority and power from the sanhedrin , will never be proved . when the councell thought of slaying the apostles acts . . it was in a sudden passion , being cut to the heart at that which they heard . but gamaliel tels them verse . ye men of israel take heed to your selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 warning them as interpreters take it , of their own danger , from the romans , if they should put any one to death . the putting of steven to death was upon pretence of iudicium zeli , or ius zelotarum , as grotius thinks d●… jure belli a●… pacis lib. . cap . sect . . if so , it was an extraordinary act . i am sure it was done most tumultuously , disorderly and furiously , before either himselfe was heard speake out , or any sentence was given against him , as is manifest acts . , , . . erastus his glosse upon iohn . . it is not lawfull for us to put any man to death , meaning ( saith he ) for making himselfe a king against caesar , the cause for which they did chiefly accuse him to pilate . so likewise bishop bilson ( a great follower of erastus ) of the perpetuall government of christs church cap. . but marke the words , then said pilate unto them , take ye him and judge him according to your law ; the jewes therefore said unto him , it is not lawfull for us to put any man to death . pilate durst not have refused to judge a man who made himselfe a king against caesar , nor durst he have put it over upon the jewes to have judged one in that which concerned caesars crowne . nay , as soone as the jewes objected , if thou let this man goe , thou art not caesars friend ; for whosoever maketh himselfe a king , speaketh against caesar. pilate when he heard that , went in againe , and sate down on the judgement seat iohn . . . therefore when pilate said to the jewes take ye him , and judge him according to your law , he spake it of matters of their law. the councell of the chiefe priests , elders and scribes had given sentence against christ de ju●…e , that he was guilty of blasphemy , and thereupon ( not having power to put any man to death ) they led him to pilate , matth. . , . with matth. . , . marke . , . with marke . . luke . . with luke . . pilate unwilling to meddle against christ , waves the businesse in the judgement-hall , i perceive ( would he say ) that this man is accused of such things as concerne your law and your religion ; therefore take him and judge him according to your law. they reply , in reference to that which pilate did drive at , it is not lawfull for us to put any man to death . if they had meant , for causes which concerned caesars crown , it had been not onely an impertinent reply , but a yeelding to pilates intention ; for he might have said , i doe not meane , that ye shall judge him for that which concerneth caesar , but for that which concerneth your owne law and religion . therefore certainely the answer which the jewes made to pilate , did reply , that though they had power to judge a man in that which concerned their law and religion , yet they had no power to put any man to death , no not for that which concerned their law. . there are severall passages in the story of paul which shew us , that though the jewish sanhedrin might judge a man in matters of their law , yet they were accusers , not judges , in civill or capitall punishments , i meane when a man was accused as worthy of bonds or of death , though it were for a matter of their law , they had no liberty to judge , but onely to accuse . the jewes drew paul before the judgement seat of gallio , even for a matter of their law . this fellow ( say they to gallio ) perswadeth men to worship god , contrary to the law acts . . if they had intended onely an ecclesiasticall censure , their recourse had been either to the sanhedrin , or at least to the synagogue , but because they intended a corporall temporall punishment , which neither the sanhedrin nor the synagogue had power to inflict , therefore they must prosecute paul before gallio ; whose answer was to this purpose , that if it had been a matter of wrong or wicked leudnesse , it had been proper for him to have judged it , but that since it was no such thing , he would not meddle in it , knowing also , that the jewes had no power to doe it by themselves . againe , acts . , . claudius lysias writeth to faelix concerning paul thus , and when i would have knowne the cause wherefore they accused him , i brought him forth into their councell . whom i perceived to be accused of questions of their law , but to have nothing laid to his charge worthy of death or of bonds . that which made lysias interpose in the businesse , and rescue paul from the hands of the jewes , was the jewes designe to put paul to death , under colour of judging him according to their law ( which was the pretence made by tertullus acts . . ) now in that which was to be punished , either by death , or so much as by bonds , lysias conceives the jewes to be no competent judges , therefore he brings paul into the councell of the jewes , not to be judged by them , but to know what accusation they had against him . for the same reason paul himselfe did decline going to ierusalem , to be judged there , no not of matters concerning the religion and law of the jewes , that accusation being so far driven on , as to make him worthy of death . his accusers ( saith festus to king agrippa ) brought none accusation of such things as i supposed , but had certaine questions against him of their owne superstition , and of one iesus which was dead , whom paul affirmed to be alive . and because i doubted of such manner of questions ▪ i asked him whether he would goe to ierusalem , and there be judged of these matters , acts . , , . this paul had declined vers . . i stand at caesars judgement seat ( said he ) where i ought to be judged . and why ? but because his accusation was capitall , even in that which concerned the law of the jewes , and he knew the jewes at that time had no power of capitall judgements . some have alledged this example of paul for appeales from presbyteries or synods to the civill magistrate : by which argument themselves grant that the jewish sanhedrin then declined by paul , was a ecclesiasticall , not a civill court. . besides all this erastus his opinion is strongly confuted by that which constantinus l'empereur annot. in remp . jud. pag. . to . proving that the jewes after the thirtieth yeere of christ , had no power of punishing with death ; for proofe hereof citeth a passage of aboda zara , that forty yeers before the destruction of the temple , the sanhedrin ( which had in former times exercised capitall judgements ) did remove from hierusalem , quum viderent se non posse judicia capitalia exercere , when they perceived that they could not exercise capitall judgements , they said let us remove out of this place , lest we be guilty : it being said deut. . . according to the sentence which they of that place shall shew thee : whence they collected , that if they were not in that place , they were not obliged to capitall judgements : and so they removed . and if you would know whe ther he tels us out of rosch hasschana , they removed from hieru salem to iabua , thence to ousa thence to sc●…aphrea , &c. he that desires to have further proofes for that which hath been said , may read buxtorf . lexic. chald. talmud . & rabbin . pag. , . he proves that iudicia criminalia , criminall judgements did cease , and were taken away from the jewes forty yeeres before the destruction of the second temple . this he saith is plaine in talmud hierosol . in lib. sanhedrin cap. . in talmud babyl . in sanbedrin fol. . . in aboda z●…ru fol. . . in schab . fol. . . in iuchasin fol. . . majen●…on . in sanhedrin cap. . sect . . he cites also a passage in berachos fol. . . concerning one who for a hainous crime even for lying with a beast ought to be adjudged to death ; but when one said that he ought to die , it was answered , that they had no power to put any man to death . and this saith d r. bux●…orf is the very same , which the jewes said to pilate john . . now this power being taken from the jewes forty yeeres before the destruction of the temple and city , which was in the yeere of christ , his death being in the . hence he proveth that this power was taken from the jewes neere three yeeres before the death of christ. and i further make this inference , that since the sanhedrin which had power of life and death , did remove from hierusalem forty yeers before the destruction of the temple ( for which see also tzemach david . edit . hen. vorst . pag. . and so about three yeeres before the death of christ ; it must needs follow that the councell of the priests , elders , and scribes , mentioned so often in , and before christs passion , was not a civill magistracy , nor the civill sanhedrin , but an ecclesiasticall san●edrin . whence also it follows , that the church matth. . . unto which christ directs his disciples to goe with their complaints , was not the civill court of justice among the jewes , ( as m r prynne takes it ) for that civill court of justice had then removed from hierusalem , and had lost its authority in executing justice , i. coch annot . in exc. gem. sanhedrin . cap. . s●…ct . . beareth witnesse to the same story above mentioned , that forty yeeres before the destruction of the temple , the sanhedrin did remove from its proper seat ( where he also mentions the ten stations or degrees of their removing ) and iam tum cessarunt judicia capitalia , saith he . now at that time the capitall judgements did cease . thus we have three witnesses singularly learned in the jewish antiquities . unto these adde casau●…on exerc . . anno . num . . he holds that though the councell of the jewes had cognizance of the offence ( for otherwise how could they give a reason or cause when they demanded justice ) in which respect the councell did judge christ to be guilty of death , marke . . yet their councell had then no more power of capitall punishments , which saith he , the more learned moderne writers doe demonstrate è iuchasin , and from other talmudicall writings ; he addeth that this power of putting any man to death was taken from the jewes some space before this time when they said to pilate , it is not lawfull for us to put any man to death : for this power was taken from them , saith he , forty yeeres before the destruction of the second temple , as the rabbinicall writers doe record . i have thus largely prosecuted my last argument , drawn from the new testament , mentioning the councell of the priests , elders , and scribes . and i trust the twelve arguments which have been brought may give good satisfaction toward the proofe of an ecclesiasticall jewish sanhedrin . the chiefe objection which ever i heard or read against this distinction of a civill sanhedrin and an ecclesiasticall sanhedrin among the jewes , is this . that neither the talmud nor the talmudicall writers mention any such distinction , but speake onely of one supreme sanhedrin of , and of other two courts , which sate the one at the doore of the court before the temple , the other at the gate which entereth to the mountaine of the temple . there were also courts in the cities where capitall cases were judged by three and twenty , pecuniall mults by three . answ. it must be remembred that not onely the talmudicall commentators , but the talmud it selfe , is much later than the time of the sanhedrin , and the integrity of the jewish government . yea later ( by some centuries ) than the destruction of the temple and city of ierusalem . so that the objection which is made is no stronger than as if one should argue thus , there is no mention of elderships constituted of pastors and ruling elders ( without any bishop having preeminence over the rest ) neither in the canon law , nor decretals of popes , nor in the booke of the canons of the roman church . therefore when paul wrote his epistle to the church of rome , there was no such eldership in that church , constituted as hath been said . but if the ecclesiasticall government either of the church of rome , or of the church of the jewes can be proved from scripture ( as both may ) it ought to be no prejudice against those truths , that they are not fou●d in the writers of af●ertimes , and declining ages . howbeit there may be seen some footsteps of a civill and ecclesiasticall sanhedrin , even in the talmudicall writers , in the opinion of constantinus l'empereur , and in that other passage cited by d. buxtorf out of elias . of which before . and so much concerning an ecclesiasticall sanhedrin among the jewes . if after all this , any man shall be unsatisfied in this particular , yet in the issue , such as are not convinced that there was an ecclesiasticall sanhedrin among the jewes , distinct from their civill sanhedrin , may neverthelesse be convinced not by the former arguments , but by other mediums , that there was an ecclesiasticall government among the jewes distinct from their civill government . for it belonged to the priests , ( not to the magistrates or judges ) to put difference between holy and unholy , and between unclean and cleane . and the priests ( not the magistrates ) are challenged for not putting difference between the holy and prophane ezech. . . and this power of the priests was not meerly doctrinall or declarative , but decisive , binding , and juridicall , so farre as that according to their sentence men were to be admitted as cleane , or excluded as uncleane . yea in other cases , as namely in trying and judging the scandall of a secret and unknown murther , observe what is said of the priests , deut. . . by their word shall every controversie and every stroke be tried . yea themselves were judges of controversies ezech. . . and in controversie they shall stand in judgement , and they shall judge it according to my judgements . where the ministers of the gospell are principally intended , but not without an allusion unto and parallel with the priests of the old testament , in this point of jurisdiction . suppose now it were appointed by law , that ministers shall separate or put difference between the holy and prophane , that by their word every controversie concerning the causes of suspension or sequestration of men from the sacrament , shall be tried ; that in controversie they shall stand in judgement , and judge according to the word of god : would not every one looke upon this , as a power of government put into the hands of ministers . and none readier to aggravate such government , then the erastians . yet all this amounts to no more , then by the plaine and undeniable scriptures above cited , was committed to the priests . suppose also , that men were kept backe from the temple and from the passeover , not for any morall uncleannesse , but for ceremoniall uncleannesse onely ( which is to be afterwards discussed ) yet the priests their judging and deciding of controversies concerning mens legall uncleannesse , according to which judgement and decision , men were to be admitted to , or kept backe from the temple and passover ( yea sometime their owne houses , as in the case of leprosie ) could not choose but entitle them to a power of government , which power was peculiar to them , and is not in all the old testament ascribed to magistrates or judges . and as the exercise of this power did not agree to the magistrate , so the commission , charge , and power given to those who did keepe backe the uncleane , was not derived from the magistrate ; for it did belong to the intrinsecall sacerdotall authority kings . . the priest ( iehojada ) appointed officers over the house of the lord. the thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . these officers or overseers over the temple , were appointed by iehojada , for keeping backe the uncleane , as grotius upon the place , following iosephus , hath observed . compare chro. . . and he ( iehojada ) set the porters at the gates of the house of the lord , that none which was uncleane in any thing should enter in ▪ for the same end did he appoint these overseers over the temple , kings . it was also appointed by the law , that the man who should doe any thing presumptuously , contrary to the sentence of the priests , should die the death , as well as the man who should doe any thing presumptuously , contrary to the sentence of the judge , deut. . , . finally , the high priest was a ruler of the people , and to him is that law applied , thou shalt not speake evill of the ru●…ers of thy people acts . . which is not meant onely in regard that he was president of the sanhedrin ; for there was an ecclesiasticall ruling power , which was common with him to some other priests , chro. . . hilkiah the high priest , and zachariah and iehiel priests of the second order , are called rulers of the house of god : being in that very place thus distinguished from other priests and levites imployed in the manuall worke of the temple about sacrifices and the like . chap. iv. that there was an ecclesiasticall excommunication among the iewes : and what it was . it hath been affirmed by some who pretend to more skill in jewish antiquities than others , that though the jewes had an excommunication which did exclude a man from the liberty of civill fellowship , so that he might not come within foure cubits of his neighbour , ( and so one man might and did excommunicate another ) yet no man was judicially or by sentence of a court excommunicated , at least not from the temple , sacrifices , and holy assemblies . to these i shall in the first place oppose the judgement of others who have taken very much pains in searching the jewish antiquities , and are much esteemed for their skill therein . n d. buxtors expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cherem to be a casting out of one from the holy assemblies , or an ejection from the synagogue , and maketh it parallel to the excommunicating of the incestuous man cor. . o m r selden extendeth the jewish excommunication so farre , as to comprehend an exclusion from fellowship in prayer and holy assemblies , and makes it parallel to that which tertullian tels us to have been used by the primitive church . m r brughton in his exposition of the lords prayer page . makes a parallel between the jewish and the christian church in many particulars , and among the rest , he saith they agree in the manner of excommunication and absolution . p henric. vorstius in his late animadversions upon pirke rabbi eliezer , wonders how any man can imagine that an apostate , a blasphemer , or the like was admitted into the temple . for his part , he thinkes some excommunicate persons were absolutely excluded from the temple , and that others for whom there were hopes of reconciliation , were admitted into it . q drusius and r iohannes coch hold , that there were such excommunicate persons among the jewes , as were removed from church assemblies , and were not acknowledged for church members . s schindlerus describeth their excommunication to be a putting away of an impenitent obstinate sinner from the publique assembly of the church , and so a cutting him off from his people . t arias montanus expounds their casting out of the synagogue to be an excommunication ( such as in the christian church ) from religious fellowship . u so doe the centurists plainly , where they doe purposely shew what was the ecclesiasticall policy and church government of the jewes : they make it a distinct question , whether the jewes in christs time had any civill government , or magistracy . x cornelius bertramus thinks that to the jewish niddui answereth our suspension from the sacrament , and that to their cherem answereth our excommunication from the church : and that the jewes had the very same kind of excommunication , by which the incestuous corinthian , hymeneus and philetus , and the emperour theodosius were excommunicated . constansinus l' empereur annot . in rempub . jud. pag. . to . holdeth the same thing which bertramus holdeth concerning the jewish excommunication , and which hath now been cited . godwyn in his moses and aacon , lib. . cap. speaketh of the ecclesiasticall court of the jewes , unto which ( saith he ) belonged the power of excommuication , the severall sorts of which censure he explaineth cap. . namely niddui , cherem , and shammata . after all which , he begins cap. . to speake of civill courts of the jewes , a distinct government . grotius . annot . in luke . . compares the jewish excommunication with that which was exercised by the druides in france , who did interdicere saerificiis , interdict and prohibit from their sacrifices impious and obstinate persons . yea those who were excommunicate by niddui or the lesser excommunication , he likens to those penitents or mourners in the ancient christian church , who were said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , qui non cum caeteris orabant &c. he tels us the ancient christians did in divers things follow the jewish discipline , and among other things in excommunication ; he cites the same passage of tertullian which is cited by m r selden , concerning a shntting out , à communicatione orationis , & conventus , & omnis sancti commercii . which is as full and high a description of the ecclesiasticall censure of excommunication , as any can be . so that the jewish excommunication being paralleld with that excommunication which tertullian speakes of , and which was practised in the ancient christian church , what more can be required in this particular ? and here i cannot but take notice , that master prynne doth very much mistake and misrepresent m r selden , as if he held the jewish excommunication to have been no more but a shutting out from civill company or fellowship , whereas he clearly holds lib. . de jure nat . & gent. cap. . p. . that he who was excommunicated by the jewish cherem , was put away and cast off from fellowship in prayer , and from all religious fellowship , even as tertullian speaks of excommunicated persons in the church . lud. capellus in spicilegio upon ioh. . . speaking of the common distinction of the three degrees of the jewish excommunication , doth plainly beare witnesse to that which i plead for , namely , y that there was a jewish excommunication from communion in the holy things . i confesse he understands the cherem , and the shammata , otherwise then i doe ; for he takes the cherem to be nihil aliud , nothing else than the forfeiture of a mans substance for the use of the sanctuary : ( whereas it is certaine there was a cherem of persons as well as of things , and the formulae of the cherem which shall be cited afterward , containe another thing than forfeiture . ) and shammata he takes to be the devoting of men to death , and that being shamatized they must needs die . ( and yet the jewes did shamatize the cuthites or samaritans ( as we shall see afterward ) whom they had not power to put to death . ) however he speaks of the niddui as a meere ecclesiasticall censure , and therefore tels us it was formidable to the godly , it being a shutting out from communion in the holy things , but not formidable to wicked men ; which must be upon this reason , because wicked men did care little or nothing for any censure or punishment , except what was civill . he granteth also that niddui was included in the other two : so that in all three there was a shutting out from the holy things . i must not forget the testimony of my countreyman master weemse in his christian synagogue lib. . cap. . sect . . paragr . . they had three sorts of excommunication ; first the lesser , then the middle sort , then the greatest . the lesser was called niddui : and in the new testament they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , put out of the synagogue : and they hold that cain was excommunicated this way . the second was called cherem or anathema : with this sort of excommunication was the incestuous person censured cor. . the third shammatha , they hold that enoch instituted it , jude v. . and after , these who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , put out of the synagogue were not simply secluded from the temple , but suffered to stand in the gate , &c. these who were excommunicated by the second sort of excommunication , were not permitted to come neer the temple . these who were excommunicated after the third sort , were secluded out of the society of the people of god altogether . and thus i have produced fifteen witnesses for the ecclesiasticall excommunication of the jewes . i might produce many more , but i have made choice of these , because all of them have taken more than ordinary paines in searching the jewish antiquities , and divers of them are of greatest note for their skill therein . in the next place let us observe the causes , degrees , manner and rites how , the authority by which , the ends and effects of excommunication among the jewes , and see whether all these doe not helpe to make their excommunication a patterne for ours . for the causes , there were causes , for which a man was excommunicated among the jewes . you may read them in buxtorfs lexicon chald ▪ talmud & rabbin . p. , . m. selden de jure nat . & gentium . lib. . cap. . jo. coch annot. in excerp . gem. sanhedrin cap. . pag. . divers of these causes did not at all concerne personall or civill injuries ( for such injuries were not accounted causes of excommunication , but were to be punished otherwise , as shall be proved afterward ) but matters of scandall , by which god was dishonoured , and the stumbling-blocke of an evill example laid before others ; one cause was the despising of any of the preceps of the law of moses , or statutes of the scribes . another was the selling of land to a gentile . another was , a priest not separating the gifts of the oblation . another , he that in captivity doth not iterate or observe the second time a holy day . another , y he that doth any servile worke upon easter eve . another , he that mentioneth the name of god rashly , or by a vaine oath . another , he that enduceth , or giveth occasion to others to prophane the name of god. another , he that makes others to ●ate holy things without the holy temple . another , he that maketh computation of yeeres and moneths without the land of israel : that is , ( as d r buxtorf ) writeth calendars , or ( as m. selden ) computeth yeeres and moneths otherwise than their fathers had done . another , he that retardeth or hindreth others from doing the law and commandement . another , he that maketh the offering prophane ( as d r buxtorf ) or offereth a sickly beast , ( as i. coch. ) another , a sacrificer that doth not shew his sacrificing knife before a wise man or a rabbi , that it may be knowne to be a lawfull knife , and not faulty . another , he that cannot be made to know or to learne . another , he that having put away his wife , doth thereafter converse familiarly with her . another , a wise man ( that is , a rabbi or doctor ) infamous for an evill life . the other causes had also matter of scandall in them , namely , the despising of a wise man or rabbi , though it were after his death . the despising of an officer or messenger of the house of judgement . he that casteth up to his neighbour a servile condition , or cals his neighbour servant . he that contumaciously refuseth to appeare at the day appointed by the judge . he that doth not submit himselfe to the judiciall sentence . he that hath in his house any hurtfull thing , as a mad dogge or a weake leather . he that before heathen judges beareth witnesse against an israelite . he that maketh the blind to fall . he that hath excommunicate another without cause , when he ought not to have been excommunicate . thus you have the causes of the jewish excommunication ; of which some were meere scandals : others of a mixed nature , that is , partly injuries , partly scandals ; but they were reckoned among the causes of excommunication qua scandals , not qua 〈◊〉 . io. coch. annot. in exc. gem. sanhedrin . pag. ▪ explaining how the wronging of a doctor of the law by contumelies , was a cause of excommunication , sheweth that the excommunication was because of the scandall . licet tamen condonare nisi res in praputulo gesta sit . publicum doctoris ludibrium in legis contemptum redundat . 〈◊〉 ob causam doctor legis honorem 〈◊〉 remittere non potest . ubi res clam & sine scandalo gesta est , magni animi & sapientis est injuriam contemptu vindicare . if there was no scandall , the injury might be remitted by the party injured , so as the offendor was not to be excommunicate ▪ but if the contumely was known abrond , and was scandalous , though the party wronged were willing and desirous to bury it , yet because of the scandall , the law provided that the offender should be excommunicate . for they taught the people that he who did contend against a rabbi did contend against the holy ghost ( for which see gul. vorstius annot . in maimon . de fundam . legis . pag. , . ) and hence did they aggravate an ecclesiasticall or divine ( not a civill ) injury . whence it appeareth that the causes of excommunication , were formally lookt upon as scandals . adde that if qua injuries , then a quatenus ad omne , all personall or civill injuries had been causes of excommunication . but all civill injuries doe not fall within these . causes . if it be objected , that neither doe all scandalls fall within these . causes . i answer they doe ; for some of the causes are generall and comprehensive , namely these two , the th . he that despiseth the statutes of the law of moses , or of the scribes ; and the th . he that retardeth or hindereth others from doing the law. when i make mention of any particular heads , either of the jewish discipline , or of the ancient christian discipline , let no man understand me , as if i intended the like strictnesse of discipline in these dayes . my meaning is onely , to prove ecclesiasticall censures , and an ecclesiasticall government . and let this be remembred upon all like occasions ; though it be not everywhere expressed . and so much for the causes . the degrees of the jewish excommunication , were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 niddui , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cherem , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 schammata . elias in tisbite , saith plainly that there were three kinds of excommunication , niddui , cherem , and schammata . niddui is 〈◊〉 out ; but if he be not converted , they smite him with cherem ; and if neither so he repent , they schammatize him . these three doctor buxtorf thus distinguisheth , not only out of elias , the common sentence of the but hebrew doctors . the first and smallest excommunication is niddui , which is a simple separation for a certain time . the greater excommunication is cherem , which ▪ is a separation with imprecations and curses . the greatest of all is schammata , a finall excommunication , without hope of returning to the church . so likewise hen. uorstius animad . in pirke pag. . and answerably hereunto some divines have distinguished excommunicatio minor , major , and maxima . the first is suspension from the sacrament . the second is a casting out of the church , and a delivering over to sathan : which yet is a medicinall excommunication for the destruction of the flesh , that the spirit may be saved . the third is anathema maranatha , an accursing of a man to the comimg of christ , without hope of mercy ; which is excommunicatio exterminativa , and cannot be done , without a propheticall spirit . corn. bertramus de repub . ebraeor cap. . saith that our suspension from the sacrament answereth to their niddui : our excommunication to their cherem . and for their schammata , he thinks it was an adjudging of one to eternall death ; whereunto answereth the apostles anathema , and the churches devoting of iulian the apostate , as one to be no more prayed for , but to be prayed against . munsterus will have schammata to be the same with niddui . wherein master selden agreeth with him , still holding a difference between niddui , and cherem , as between the lesser , and the greater excommunication : de jure nat . & gentium , l. . c. . of the same opinion is io. coch , annot. in exc. gem. sanhedrin . p. . but constantinus l' empereur annot . in rempub . jud. tels us , that the talmudists in divers places , do distinguish the three degrees of excommunication , as bertramus doth ; and that schammata was the highest excommunication , greater then either niddui or cherem , he proves not onely by the epitheton adonai added by the chaldee paraphrase num. . . et percussit eum israel per schammata dei ; but further from the words of rabbi solomon , comparing one excommunicated by schammata , to the fat cast in the furnace , which is wholly consumed , and which never comes out , so he that is schammatized , is lost for ever , and without all remedy unto all eternity . he confirmeth it also , from the words of elias above mentioned . it is not much to my present argument , to dispute whether the jewes had three distinct degrees of excommunication or two only . however it 's agreed , that the jews had their excommunicatio minor & major . and niddui ▪ was an excommunication for . dayes , during which time if the person ( man or woman ) repent , well and good : if not , he was excommunicate , for other . dayes . yea , saith doctor buxtorf , the time might be triplicate to . dayes . and if after all that time he repent not , then he was excommunicate , with the greater excommunication cherem . and so much for the degrees . as for the manner , and rites of their excommunication , it was done most solemnly , z doctor buxtorf tells us , if the party was present , the sentence of excommunication was pronounced against him by word of mouth : if he was absent , there was a writ publikely affixed , containing the sentence of excommunication , which writ was not published , till the offence was proved , at least by two witnesses . it is certain from pirke rabb . elierser cap. . that cherem was not without an assembly of ten at least . and it is as certaine that cherem was not onely in a solemn , but in a sacred manner performed , which is manifest from that formula anathematis , which a doctor buxtorf hath transcribed out of an old hebrew manuscript ; and from b another forme , which hen. vorstius taketh out of col bo both shewing , that it was not a civill , but a sacred businesse , done in the name and authority of the god of heaven : and the latter formula still used in most of the jewish synagogues as vorstius informes us we read also in pirke rabb . elieser cap. . c that the cuthites ( who were also called samaritans ) after they had been circumcised by rabb . d●…stai , and rabbi zacharias , and had been taught by them out of the book of the law ; they were excommunicate by ezra , zerubbabel , and ioshua the high priest , . priests , and . disciples , and the whole church , in the temple ; the trumpets sounding , and the levites singing ; they did even by the great name of god , excommunicate the cuthites , that there should be no fellow-ship between any man of israel and the cuthites , that no proselyte should be received of the cuthites ; and that they should have no part in the resurrection of the dead , nor in the building of the house of god , nor in ierusalem . this passage doctor buxtorf , in his rabbinicall lexicon , p. . and master selden de jure nat . & gentium . l. . c. . have observed out of pirke ; and doctor buxtorf , both there and dissert de lit . hebr. thes . . noteth the three words used by the hebrews in this relation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , they did excommunicate them both by niddui , cherem , and schammata . and so much for the manner and rites . as for the authority , by which a man was excommunicated , we see ( by that which hath been already noted ) that it was a publike and judiciall act , and it was necessary there should be at least an assembly of ten . those formulae before cited , make it evident , that it was an authoritative sentence of an ecclesiasticall assembly , ( and therefore done as it were in name of the court of heaven , to which purpose domus judicii superioris seu coelestis , was mentioned in the businesse , and it was a juridicall or forensicall act , and done solemnly in the temple , in that case of the cuthites ) drusius de tribus sectis judaeorum lib. . num. . concerning the discipline of the essaeans , and their excommunicating of ungodly persons , tells us it was done by a hundreth men assembled together . it is very true , which m r. selden observeth , de jure nat . & gentium l. . c. . the hebrews writ of a judiciall excommunication , and of an extrajudiciall excommunication , by which one private man might excommunicate another . yet , that extrajudiciall excommunication could not stand in force , unlesse it were ratified by the court ; and of it selfe , it was rather optative , or imprecative , than obligative : as is manifest by the instance , which d io. coch gives us ex gem. moed caton . two men having mutually excommunicated each other , it commeth to an authoritative decision . he that had excommunicated the other , for that for which he ought to have been punished by a pecuniall mulct , but not by excommunication , was himself justly excommunicate by the other , according to the last of the . causes of excommunication before mentioned , that is , that he who unjustly excommunicateth another , shall be himselfe excommunicated . so the excommunicating of the one man for a civill injury was declared null : and the excommunicating of the other , for his unjust act of excommunication , was ratified . which doth not onely prove what i have said of private , or extrajudiciall excommunication : but also confirme what i asserted before , concerning the causes of excommunication , that it was not for personall or civill injuries , but for matter of scandall . and that pecuniary mulcts and excommunication , were not inflicted for the same but for different causes . and so much for the authority . the effects of excommunication were e these . he might not be admitted into an assembly of ten persons . he might not sit within foure cubits to his neighbour . he might not shave ▪ his hair , nor wash himself . it was not lawfull to eat nor drinke with him . he that dyed in excommunication got no funerals , nor was there any mourning made for him , but a stone was set over him , to signifie that he was worthy to be stoned , because he did not repent , and because he was separated from the church . an excommunicate person might not make up the number of ten , where there were nine . the reason was because he might not be acknowledged for a church member , or one who could make up a lawfull assembly . drusius de tribus sectis judaeorum lib. . cap. . draweth two consequences from that excommunication of the cuthites before mentioned . . that it was not lawfull for a jew , to eat bread with a samaritan . . that the samaritans were cut off from the jewish church , and that without hope of regresse , being shammatized . it is more disputable , how farre forth excommunication did deprive a man of the liberty of accesse into the temple . the talmudists hold , that of old an excommunicate person might enter into the temple , yet so as he might be known that he was excommunicate . it is said in pirke rabb . elieser cap. . that solomon built two gates , one for bride-grooms , another for mourners and excommunicated persons ; and when the children of israel , sitting between these two gates , upon the sabbath-dayes and holy-dayes , did see a bride-groome come in , they knew him , and did congratulate with him : but when they saw one come in at the doore of the mourners , having his lips covered , they knew him to be a mourner , and said , he that dwells in this house , comfort thee . but when they saw one come in at the doore of mourners , with his lips not covered , they knew him to be excommunicated , and spake to him on this manner . he that dwells in this house comfort thee , and put into thy minde , to hearken unto thy neighbours . the like you have in codice middoth cap. . sect. . where it is said that ordinarily , all that came into the temple , did enter upon the right hand ; and they went out upon the left hand , those excepted to whom some sad thing had befallen ; and when it was asked of such a one , why dost thou enter upon the left hand , he either answered , that he was a mourner , and then it was said to him , he that dwells in this house comfort thee , or he answered , because i am excommunicate ( so readeth buxtorf ) or quia ego contaminatus rejicior ( so readeth l' empereur ) and then it was said to him , he that dwells in this house , put into thy minde , to hearken to the words of thy companions , that they may restore thee . the same thing is cited e libro musar by drusius praeter . lib. . in jo. . . his opinion is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those that were separate and excommunicate by the lesser excommunication , were admitted into the temple , in the manner aforesaid : but that they were not admitted into the synagogue : because it s added in libro musar , ( which i finde also added in the fore-mentioned place of pirke r elies . ) that after the temple was destroyed , it was decreed , that bride-grooms and mourners should come into the synagogues , and that they in the synagogue , should congratulate with the one , & condole with the other . behold saith drusius , no mention here of excommunicate persons , for they did not come into the synagogues . peradventure every excommunicate person , had not accesse to the temple neither , but he that was extrajudicially , or by private persons excommunicate , as those words might seeme to intimate , he that dwells in this house put into thy mind , to hearken to thy neighbours or companions , that they may restore thee . or if you take it to extend to judiciall excommunication , then hen. vorstius doth expound it , animad . in pirke p. . f so , as it may be understood onely of the lesser excommunication , when there was still hope of repentance , and reconciliation . so io. coch. ubi supra pag. . thinks that an excommunicate person was not altogether cast out of the synagogue , but was permitted to heare , and to be partaker of the doctrine , but otherwise and in other things he was separate , and not acknowledged for a church member ; and this he saith of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 menudde , of him that was simply excommunicate by the lesser excommunication or niddui . but he saith otherwise of him that was excommunicate with cherem . non docet , non docetur . he is neither permitted to teach , nor to be taught . grotius on luke . . tells us , that excommunicate persons under niddui , came no otherwise to the temple than heathens did , that is , had no liberty to come into the court of israel . however , such as were excommunicate by cherem were not permitted to come neere the temple , saith master weemse in his christian synag . p. . an excommunicate person of the first sort , ( niddui , ) when he came to the temple , or synagogue , you see ( by what hath been said ) he was there publikely bearing his shame , and looked upon as one separate from the communion of the people of god. and so much for the effects . the end of excommunication was spirituall , g that a sinner being by such publike shame and separation humbled , might be gained to repentance , and thereby his soule saved ; ( which is the end of church discipline , not of civill censures . ) the court waited . dayes upon his repentance , and did not proceed to cherem , except in case of his continuing impenitency , when all that time he gave no signe of repentance , nor sought absolution . from all that hath been said , i hope it 's fully manifest , that the jewish excommunication was an ecclesiasticall censure , and not ( as ( h master prynne would have it ) a civill excommunication , like to an outlary at common law. i conclude with a passage of drusius de tribus sectis judaeorum lib. . cap. . concerning the essaeans , who did most religiously retaine the discipline of excommunication . jus dicturi inter se congregantur centum viri , qui eos quos deprehenderint reos & improbos expellunt e caetu suo . these words he citeth out of salmanticensis . being to judge or give sentence among themselves , a hundreth men are gathered together , who doe expell from their assembly those whom they find to be guilty and ungodly . he addeth this testimony of rufinus . deprehensos verò in peccatis à sua congregatione depellunt . such as are deprehended in sinnes they put away from their congregation . loe , an ecclesiasticall excommunication because of scandalous sinnes . chap. v. of the cutting off from among the people of god , frequently mentioned in the law. it hath been much controverted , what should be the neaning of that commination , so frequently used in the law of moses : that soule shall be cut off from among his people . the radix 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth properly such a cutting off , as is like the cutting off a branch from the tree : and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cutting off , is applied to divorcement , deut , . . a bill of divorcement , in the hebrew , of cutting off . so isa. . . ier. . . it is certaine that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 carath doth not necessarily signifie to cut off by death , destruction , or a totall abolition of the very existence of him that is cut off , but any cutting off , by whatsoever losse or punishment it be . the septuagints render it , not seldome , by such words as signifie the losse or punishment of the party , without destroying him , as by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , abscindo , amputo , succid●… , excindo , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 avello , abstraho , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , demitto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , circumcido , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , aufere , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 percutio , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 verbero . sometime they render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contero , extero , terendo excutio : to strike out , ( sometime , to wash out , or , to wipe off spots or filth , as h. stephanus tels us : thence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the cloth wherewith we wipe our hands when we wash them ) numb . . . that soule shall be cut off from israel . the septuagints 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . yea where they render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or cutting off is sometimes meant of captivity amos . . sometimes of the decay and dissolution of a monarchy ezech. . . sometimes of the deposition or repudiating of priests . sam. . . the man of thine whom i shall not cut off from mine altar . sometimes generally for a judgement or punishment , isa. . . the english translators in some places where it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the originall and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , render it to faile , kings . . to loose kings . . sometime they render the same originall word to hew , kings . . to hew timber , jer. . sometime simply to cut , ezech. . thy navell was not cut . in other places where the septuagints have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aufero , the english hath to faile , kings . . & . . chro. . . this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the word used by the apostle in the case of excommunication , cor. . . there are five different opinions concerning that cutting off mentioned in the law. first , augustine in divers places , understands the meaning to be of the second death or eternall condemnation . but this is not sutable to the infancy of the jewish church ; for whiles they were bred under the paedagogy of the law , things eternall and invisible were not immediately and nakedly propounded unto them , but under the shadows and figures of temporall and visible things . so that if eternall death were the ultimate intendment of that commination ( as i verily believe it was ) yet it must needs be acknowledged , that there was some other punishment in this life , comprehended under that phrase , to resemble in some sort , and to shadow forth that everlasting cutting of . . some understand that cutting off to be when a man dieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , without children , having no off-spring or posterity behind him to preserve the memory of him ; for he that left children behind him , was esteemed to live in some sort after he was dead . but the cutting off in the law , is privative , not negative , it is a depriving of a man of what he hath , not the deniall of what he would have . neither was that of the preserving of ones name in the posterity , applicable to women , but to their husbands onely ; whereas their cutting off was threatned to all that were guilty , whether men or women . finally , if that were the sence , then the cutting off did neither belong to such as choosed voluntarily to live unmarried , nor to men who being married had children to preserve their memory after their death . but all that committed such or such a sinne , were to be cut off , whether married or unmarried , whether having children or wanting children . . others understand capitall punishment to be inflicted by the civill magistrate . but if all the offences for which cutting off was threatned in the law , had been punished by death , the mosaicall lawes , no lesse then those of draco , might have been said to be written in blood , saith i gersomus bucerus . is it credible that all and every one , who did by any chance , eate the fat , or the blood , or did make a perfume for smell like to the holy perfume , or did touch a dead body , or a grave , or a tent wherein a man had died , or any thing which an unclean person had touched ; and had not been thereafter sprinkled with the water of separation ; were without mercy to die for any of these things ? yet these were cut off from among their people exod. . . lev. . , . num. . . . another reason i take from mercerus on gen. . . we nowhere finde either in scripture , or in the jewish writings , that such of the seed of abraham , as did neglect circumcision , were punished by the sword of the magistrate , yet by the law such were to be cut off . now without all controversie such were excluded from communion with the church of israel , and being so excluded they were said properly to be cut off from among their people , saith mercerus . and moreover the cutting off in the law , is expressed by such a word , as doth not necessarily signifie that the person cut off ceaseth to have any being , but it is used to signifie a cutting off from a benefit , relation , or fellowship , when the being remains , as was noted in the beginning . . many of the hebrews whom m. ainsworth annot . in gen. . . exod. . . numb . . . followeth , understand by that cutting off , untimely death , or the shortning of life , before the naturall period . this interpretation i also dislike , upon these reasons , . that which is taken for a foundation of that opinion , namely , that the cutting off in the law is meant onely as a punishment of private sinnes known to god alone , and which could not be proved by witnesses ; this ( i say ) is taken for granted which is to be proved . . yea , the contrary appeareth from levit. . , . the end of that cutting off was , that the children of israel might feare to doe that thing which they saw so punished . but how could they make this use of a divine judgement inflicted for some private sinne , they knew not for what ? . the commination of divine judgements is added in a more proper place deut. . lev. . and in divers places , where wrath and punishment from god is denounced against all such as would not observe his commandements , nor keepe his statutes and judgements . but the cutting off is a part ( and a great part ) of the corrective or penall mosaicall lawes , which containe punishments to be inflicted by men , not by god ; which makes piscator almost everywhere in his scholia to observe , that exscindetur is put for exscinditor , that soule shall be cut off for , let that soule be cut off . ▪ the cutting off was a distinguishing punishment ; they that did such and such things were to be cut off , and in being cut off , were to beare their iniquity , lev. . . numb . . . but we cannot say that abijah the sonne of ieroboam , or king iosiah , being taken away by an untimely death , were thereby marked with a signe of gods wrath , or that they were cut off from among their people , and did beare their iniquity . . and whereas they object from levit. . . & . , . that the cutting of was a worke of god , not of men , it is easily answered from that same place , it was onely so , in extraordinary cases , when men did neglect to punish the offenders . levit. . , . and if the people of the land hide their eyes from the man , when he giveth of his seed unto molech , and kill him not : then i will set my face against that man , and against his family , and will cut him off . which giveth light to the other place levit. . . what i have said against the third and fourth opinion , doth militate against erastus , for he expoundeth the cutting off these two waies , that is either of capitall punishment , or of destruction by the hand of god , yet he inclineth chiefly to the last . see lib. . c. . he toucheth this cutting off in divers places but valde jejunè . and because he is pleased to professe he had no skil of the hebrew , he appealeth to the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . of which before . there is a fifth exposition , followed by many both popish and protestant writers , who understand by the cutting off , excommunicating or casting out from the church , and of this opinion are some very good hebritians , as schindlerus lexic. pentagl . pag. . cornelius bertramus de republica ebraeorum . cap. . godwyns moses and aaron lib. . cap. . the jewish canons of repentance printed in latin at cambridge , anno . where the hebrew hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the latin hath ordinarily excommunicatio . so doe divers of our soundest writers take the cutting off in the law to be excommunication . synops. pur . theol. disp. . thes. . . there are these reasons for it . . the cutting off had reference to an ecclesiasticall corporation or fellowship . it is not said , that soule shall be cut off from the earth , or cut off from the land of the living , but , cut of from his people : more plainly , from israel , exod. . . num. . . but most plainly , that soule shall be cut off from the congregation ( or church ) of israel , exo. . . that soule shall be cut off from among the congregation ( or church ) num. . . intimating somewhat ecclesiasticall . so lev. . . that soule shal be cut off from my presence . the septuagints 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from me . the chaldee , from my face . and this was the very cutting off or excommunication of cain from the church , by god himselfe genes . . . from thy face shall i be hid . and vers . , and cain went out from the presence of the lord. it is another and much different phrase , which is used to expresse cutting off from the world , or from the land of the living ezech. . . i will cut thee off from the people , and will cause thee to perish out off the countreys , jerem. . . let us cut him off from the land of the living . zeph. . . i will cut off man from off the land. . he that in his uncleannesse did eate of an unholy thing was to be cut off levit. . , . yet for such a one was appointed confession of sinne , and a trespasse-offering , by which he was reconciled and atonement made for him , as m. ainsworth himselfe tels us on levit. . . whence i inferre , that the cutting off such a one was not by death inflicted , either from the hand of the magistrate , or from the hand of god , but that the cutting off was ecclesiasticall , as well as the reception or reconciliation . i know m. ainsworth is of opinion that the cutting off was for defiling the sanctuary presumptuously , or eating of an holy thing presumptuously , when a man was not cleansed from his uncleannesse : and that atonement by sacrifice was appointed for such as defiled the sanctuary ignorantly . but that which made him thinke so , was a mistake ; for he supposeth , that for sinnes of ignorance or infirmity onely , god did appoint sacrifices ; but that for wilfull or malicious sinnes there was no sacrifice . see his annot . on levit. . . which faustus socinus also holdeth praelect . cap. . p. . but to me , the contrary is plaine from levit. . . to . where we have atonement to be made by trespasse offerings , for wilfull lying , perjury , fraud , robbing , or violence , which made the septuagints , v. . for commit a trespasse , to read , despising despise the commandements of the lord. and whereas m. ainsworth confirmeth his opinion from heb. . . for if we sinne wilfully after that we have received the knowledge of the truth , there remaineth no more sacrifice for sinnes ; i answer with calvin , beza , hemmingius , and others upon the place , it is not meant of all sinnes done wilfully , ( which to hold were a most dangerous and despairing doctrine , ) but of a totall defection from christ and the truth . and now to returne , there is nothing levit. . . to exclude a trespasse-offering for one who should in his uncleannesse wilfully goe to the sanctuary , or touch an holy thing : but there is this reason , why it should not be excluded , because in that very place verse . he that did wilfully , for favour or malice , conceale his knowledge , being a witnesse in judgement , was yet admitted to bring his trespasse-offering . . the apostle cor. . gives us some light concerning the cutting off ; for as vers. , , . most manifestly he pointeth at the purging of all the congregation of israel from leaven ▪ exod. . so vers. . when he saith , therefore put away from among your selves ▪ that wicked person , he plainly alludeth to exod. . , . whosoever eateth that which is leavened , even that soule shall be cut off from the congregation , ( or church ) of israel . theophylact on cor. . . observeth the apostles allusion to the old law of cutting off : and maccovius ( otherwise no very good friend to church-discipline and government ) loc . com . disp . . proveth that excommunication was transferred from the jewes to us , by christ himselfe matth. . and that the cutting off mentioned in the law , is no other thing than that which the apostle meaneth , when he saith , put away from among your selves that wicked person . . the cutting off soule from among his people did typifie or resemble eternall death and condemnation ; in which respect peter doth some way apply it to the daies of the gospell , that every soule which will not heare christ the great prophet , shall be destroyed from among his people , acts . . so vatablus on gen. . . that soul shall be cut off , that is , shall not be partaker of my promises , and of my benefits . so that as i. coch. annot ▪ in sanhedrin . cap. . saith well , death inflicted by the hand of god is lesse then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cutting off . nam exterminii post mortem poena luitur . the same thing guil. vorstius confirmeth out of maimonides , annot . in maimon . de fundam . legis pag. . and abrabanel de capite fidei cap. . saith that the greatest reward is the life of the world to come , and the greatest punishment is the cutting off of the soule . now this could not so fitly be resembled , and shadowed forth by the cutting off from the land of the living , either by the hand of god , or by the hand of the magistrate , as by cutting off from the church , and from the communion of saints , by excommunication , which is summum futuri judicii praejudicium , as tertullian called it , and fore-sheweth that the ungodly shall not stand in the judgement , nor sinners in the congregation of the righteous , psal. . . but gods taking away of a man by death in the phrase of the old testament , is not a cutting off from , but a gathering of him unto his people ; yea k it is said of wicked ishmael when he died , he was gathered unto his people . and as for the abbreviation of life , and the untimelinesse of death in youth , or middle age , that both is now , and was of old , one of the things which come alike to all , to the good as well as to the bad . as touching the capitall punishment of malefactors by the hand of the magistrate , it being founded upon the very law of nature , and common to all nations , without as well as within the church , ( so that very often those from whom a malefactor is cut off , are not so much as by profession the church and people of god : ) it cannot so fitly resemble the separation or casting out of a man from having part or portion of the inheritance of the saints in light . . d r. buxtorf lexic. chald . talm. & rahbin . page . tels us that this difference was put between him that was guilty of cutting off , and him that was guilty of death . reus ▪ mortis , ipse tantum , non semen ejus : paena excidii comprehendit ipsum & semen ejus . now if the punishment of death was personall one● ▪ and the punishment of cutting off , comprehensive not onely of them but of their seed , how can this agree so well , to any thing else , as to excommunication ; especially if that hold which godwyn in his moses and aaron lib. . cap. . tels us , that the children of excommunicate persons were not circumcised . . m. selden de jure nat . & gent. lib. . cap. . tels us , that the hebrew doctors themselves doe not agree concerning that cutting off in the law. he saith that r. bechai and others , make three sorrs of cutting off . i. a cutting off , whereby the body onely is cut off , which they understand by that phrase levit. . . i will cut him off from among his people : and this is untimely death palm . . bloudy and deceitfull men shall not live out half their daies . . they say there was another cutting off , which was of the soule onely , levit. . . the souls that commit these things ●…all be cut off from among their people . by this cutting off ( they say ) the soule ceaseth to have a being , the body not being taken away by death , before the naturall period . . they make a third kind , whereby both soule and body is cut off , num. . . that soule shall be utterly cut off , his iniquity shall be upon him . whereby ( say they ) both the body is destroyed before the naturall time , and likewise the soule ceaseth to have a being . but whatsoever any of the hebrews fancied in their declining latter times , concerning that second kinde of cutting off , ( which m. selden doth not approve , but relate out of them ) i am confident it was onely the degenerating notion of excommunication ; and that very fancy of theirs , is a footstep thereof ; which may make us easily believe that the more ancient hebrews in purer times , did understand that such a cutting off was mentioned in the law , by which a man in respect of his spirituall being was cut off from the church of israel , whiles his naturall life and being was not taken ftom him . yea gul●…elmus vorstius annot . in maimon . de fundam . legis pag. . sheweth us , that some of the hebrewes acknowledge nothing under the name of the cutting off , but that which is the cutting off of the soule onely . but if there be so much as some cutting off mentioned in the law , which concerneth a mans spirituall estate onely , it doth abundantly confirme what i plead for : and i shall not need to assert , that everywhere in the law excommunication must needs be understood by cutting off . some understand the cutting off in the judiciall or civill lawes , to be meant of capitall punishments : and the cutting off in the ceremoniall lawes ( which were properly ecclesiasticall ) to be meant of excommunication , or cutting off from the church onely . if anywhere the cutting off be excommunication , it sufficeth me . or what ever it may signifie more , or be extended unto , if excommunication be one thing which it signifieth , then they who thinke it signifieth some other thing beside excommunication , are not against me in this question . i shall conclude with that in the dutch annotations upon gen. . . that soule shall be cut off from his people . the annotation englished saith thus , that man shall be excommunicate from the fellowship of gods people . this kind of expression implies also ( as some doe conceive ) a bodily punishment to be i●…sticted withall by the magistrate . they hold determinately and positively that it signifieth excommunication . whether it signifie some other thing beside , they judge not to be so cleare , and therefore offer it to be considered . it is but a poore argument , whereby bishop bilson , of the government of the church , chap. . would prove the cutting off not to be meant of excommunication , because it is applyed even to capitall offences , such as the law elsewhere appointeth men to be put to death for . as if it were any absurdity to say , that one and the same offence , is to be punished sub formalitate scandali with excommunication , and sub formalitate criminis with capitall punishment . and who knoweth not that a capitall crime is a cause of excommunication , which is also sometimes the sole punishment , the magistrate neglecting his duty . if a known blasphemer or incestuous person be not cut off by the magistrate as he ought by the law of god : shall he therefore not be cut off by excommunication ? if he had proved that all the causes of cutting off in the law were capitall crimes , he had said much : but that will never be proved . chap. vi. of the casting out of the synagogue . we read of a casting out of the church , which was pretended to be a matter of conscience and religion , and such as did more especially concerne the glory of god , isa. . . your brethren that hated you , that cast you out for my names sake , said , let the lord be glorified . such was the casting out of the synagogue , mentioned in the gospell ioh. . . & . . & . . arias montanus de arcano sermone cap. . expounds it of excommunication from church assemblies . so the magdeburgians cent . . lib. . cap. . and corn. bertramus de repub . ebraeor . cap. . godwyn in his moses and aaron , lib. . cap. . & lib. . cap. . wherein the interpreters also upon the places cited doe generally agree , erasmus , brentius , tossanus , diodati , cartwright in his harmony , gerhard , &c. so likewise m. leigh out of paulus tarnovius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicitur ▪ ejectus e 〈◊〉 sacro ecclesiae , excommunicatus . see critica sacra of the new test. pag. . so doth aretius , theol. probel . loc . . ( though cited by our opposites againstus ) he saith , though it was abused by the pharisees , yet it sheweth the antient use of the the thing it self , that there was such a discipline in the jewish church . it is not much materiall , to dispute which of the degrees of the jewish excommunication , or whether all the three were meant by that casting out of the synagogue . drusius , and grotius expound , io. . . of niddui . gerhard expounds io. . . of all the three niddui , cherem , and shammata . it is enough for this present argument , if it was a spirituall , or ecclesiasticall censure , not a civill punishment . master prynne , vindic. pag. , . tels us . first , this casting ▪ out of the synagogue , was not warranted by gods word , but was onely a humane invention . secondly , as it was practiced by the jewes , it was a diabolicall institution . thirdly , that it was meerly a civill excommunication , like to an outlary , whereby the party cast out , was separate from civill conversation onely , or from all company with any man , but was not suspended from any divine ordinance . fourthly , that it was inflicted by the temporall magistrate . fifthly , that in the jewish synagogues at that time , there was neither sacrament nor sacrifice , but onely reading , expounding , preaching , disputing , and prayer , so that it cannot prove suspension from the sacrament . to the first , i answer , it was not onely warranted by the cutting off mentioned in the law , but erastus himselfe gives a warrant for it from gods word . he saith , pag. . the casting out of the synagogue , was vel idem vel simile quidpiam with that separating from the congregation ez●…a . . . to the second aretius hath answered . the best things in the world may be abused . to the third , i offer these eight considerations to prove that it was an ecclesiasticall , not a civill censure . first , the causes for which men were put out of the synagogues , were matters of scandall , offences in point of religion , and we read of none cast out of the synagogue for a civill injury or crime ; it was for confessing christ io. . . & . . then counted heresie : and for preaching of the gospell io. . . secondly , the synagogicall assembly or court , was spirituall and ecclesiasticall , as ludoviens de dieu noteth upon matth . . we read of the rulers of the synagogue , act. . . among whom he that did pre●de and moderate , was called the chiefe ruler of the synagogue act. . . . names never given to civill magistates or judges . therefore brughton makes this of the rulers of the synagogue , to be one of the paralells betweene the jewish , and the christian church . se● his exposition of the lords prayer pag. . . as for that assembly of the pharisees , which did cast out , or excommunicate the blind man , io. . tossanus upon the place calls it senatus ecclesiasticus ; and brentius argueth from this example against the infallibility of councells , because this councell of the pharisees call'd christ himselfe a finner . the court of civill judgement , was in the gates of the city , not in the synagogue . such as the communion and fellowship was in the synagogue , such was the casting out of the synagogue . but the communion or fellowship , which one enjoyed in the synagogue , was a church-communion and sacred fellowship , in acts of divine worship . therefore the casting out of the synagogue was also ecclesiasticall and spirituall , not civill or temporall . the end was sacred and spirituall , to glorifie god is. . . to doe god good service io. . . in that which did more immediately and neerly touch his name and his glory , though the pharisees did falsely pretend that end , their error was not in mistaking the nature of the censure , but in misapplying it where they had no just cause . master prynne himself tells us pag. . that this excommunication from the synagogue was of force forty dayes ( though i beleeve he hath added ten more then enough , and if he look over his bookes better , he will find he should have said thirty , ) yet so as that it might be shortned upon repentance . but i pray , are civill punishments shortned or lengthened according to the parties repentance ? i know church censures are so . but i had thought , the end of civill punishments , is not to reclaime a mans soule by repentance , and then to be taken off : but to guard the lawes of the land , to preserve justice , peace , and good order , to make others feare to doe evill , to uphold the publike good . the magistrate must both punish and continue punishments , as long as is necessary for those ends , whether the party be penitent or not . how is it credible , that the holy ghost meaning to expresse a casting out from civill company or conversation onely , ( which was not within , but without the synagogue ) would choose such a word as signifieth the casting out from an ecclesiasticall or sacred assembly ? ( for such were the synagogues , in which the jewes had reading , expounding , preaching and prayer , as master prynne tells us ) christ himselfe distinguisheth the court or judicatory , which was in the synagogue , from civill magistracy luk. . . and when they bring you unto the synagogues , and unto magistrates and powers . magistrates and powers are civill rulers , supreame and subordinate , but the synagogues are distinct courts from both these . our opposites cannot give any other rationall interpretation of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . erastus pag. . confesseth , it is very hard to tell what it was . he gives three conjectures . first , that it was some ignominy put upon a man : which i thinke no body denies , and it may well stand with our interpretation . secondly , he saith not that it was a separating of the party from all company , or society with any man. ( for which master prynne citeth erastus with others ) but a pulling away , or casting out of a man from some particular towne onely ; for instance , from nazareth . thirdly , he saith , it seemes also to have been a refusall of the priviledges of jewish citizens ▪ or the esteeming of one no longer for a true jew , but for a proselyte . but that a proselyte , who was free to come both to temple and synagogue ( for of such a proselyte he speaketh expressely ) should be said to be made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it may well weaken , it cannot strengthen his cause . . in tzemach david edit . hen. vorst . pag , . we read , that when the sanhedrin did remove from hierusalem , . yeeres before the destruction of the temple , there was a prayer composed against the hereticks . hen. vorstius in his observ . pag. ▪ sheweth out of maimon ▪ that it was a maledictory prayer appointed to be used against the hereticks of that time , who encreased mightily : and that r. sol. jarchi addeth this explanation of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minim , the disciples of jesus of nazareth . d. buxtorf . lexic . chald. talm. & rab . pag. . collecteth that this maledictory prayer was composed in christs time , and against his disciples . surely it suteth no story so well , as that of the decree of casting out of the synagogue io. . . after all these eight considerations , this i must adde , that i doe not a little admire , how master prynne could cite godwyns jewish antiquities lib. . cap. . for that opinion , that the casting out of the synagogue was not an ecclesiasticall but onely a civill censure . if he had but looked upon the page immediately preceding , he had found this distinction between the ecclesiasticall and civill courts of the jewes ; the office of the ecclesiasticall court , was to put a difference between things holy and unholy , &c. it was a representative church . hence is that , di●… ecclesiae . matt. . . tell the church because unto them , belonged the power of excommunication , the severall sorts of which censure follow ; and so he beginneth with the casting out of the synagogue , as the first or lesser excommunication o● niddui , and tells us among other effects of it , that the male children of one thus cast out were not circumcised . to master prynnes fourth exception , the answer may be collected from what is already said . we never find the temporall magistrate called the ruler of the synagogue , nor yet that he sate in judgement in the synagogue . the beating or scourging in the synagogues , was a tumultuous disorderly act ; we read of no sentence given , but onely to be put out of the synagogue , which sentence was given by the synagogicall consistory , made up of the priest or priests and jewish elders . for the power of judging in things and causes ecclesiasticall , did belong to the priests and levites , together with the elders of israel . chro. . . & . . . . chro. . . and therefore what reason master prynne had to exclude the priests from this corrective power , and from being rulers of the synagogue , i know not . sure i am the scriptures cited make priests and levites to be judges and rulers ecclesiasticall ; of which before . as for the chief ruler of the synagogue : archysynagogus erat primarius in synagoga doctor , say the centurists cent. . lib. . cap . and if so , then not a civill magistrate . to the fifth i answer , . if there was an exclusion from reading , expounding , preaching , and prayer , then much more from sacraments , in which there is more of the communion of saints . . he that was cast out of the synagogue might not enter in the synagogue , saith menochius in io. . . therefore he did not communicate in prayer with the congregation , nor in other acts of divine worship , ( which how farre it is applicable to excommunication in the christian church , i do not now dispute , nor are all of one opinion , concerning excommunicate persons , their admission unto some , or exclusion from all publike ordinances , hearing of the word and all ) i know erastus answereth the word synagogue may signifie either the materiall house , the place of assembling ; or the people , the congregation which did assemble ; and some who differ in judgement from us in this particular , hold that when we read of putting out of the synagogue , the word synagogue doth not signifie the house or place of publike worship ( which yet it doth signifie in other places , as luk. . . act. . . ) but the church or assembly it selfe . but i take it to signifie both joyntly ; and that it was a casting out , even from the place it selfe , such as that io. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and they cast him out , or excommunicated him , as the english translators adde in the margine . besides , i take what it is granted . it was a casting out from the assembly , or congregation it selfe . but how could a man be cast out from the congregation , and yet be free to come where the congregation was assembled together ? o but he must keepe off foure cubites distance , from all other men . and was there so much roome to reele to and fro in the synagogue ? i doe not understand how a man shall satisfie himselfe in that notion . but i rather thinke bertramus speakes rationally , that he that was excommunicate by niddui was shut out ab hominum contubernio atque ade●… ab ipsius tabernaculi aditu . de rep. jud. cap. . which niddui he takes to be the same with casting out of the synagogue . he that was cast out from mens society , must needs be excluded from the publike holy assemblies , and from the place where these assemblies are . whereunto agreeth that which we read in exc. gem. sanhedrin cap. . sect. . a certaine disciple , having after two and twenty yeeres divulged that which had been said in the schoole of r. ammi , he was brought out of the synagogue , and the said rabbi caused it to be proclaimed , this is a revealer of secrets . it is more then mr. prynne can prove that the sacrament of circumcision was not then administred in the synagogues . the jewes do administer it in their synagogues ; and that iohn was circumcised in the synagogue , some gather from luk. . . venerunt , they came ( to wit to the synagogue ) to circumcise the child ; for my part i lay no weight upon that argument . but i see l●sse ground for mr. prynnes assertion . as for that which m. prynne addeth in the close , that those who were cast out of the synagogue might yet resort to the temple , he hath said nothing to prove it . i find the same thing affirmed by sutlivius de presbyt . pag. . ( though i had thought master prynnes tenen●s of this kind , should never have complyed with those of episcopall men , against the anti-episcopall party ) but neither doth sutlivius prove it ; onely he holds that the casting out of the synagogue was meerely a civill excommunication , and his reason is that which he had to prove , that christ and his disciples , when they were cast out of the synagogues , had notwithstanding a free accesse to the temple . to my best observation , i can find no instance of any admitted to the temple , while cast out of the synagogue . i turn again to erastus pag. . to see whether he proves it . he gives us two instances , first of christ himselfe who was cast out of the synagogues , and yet came into the temple . but how proves he that christ was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ? for this , he tells us onely quis dubitat ? who makes question of it ? i am one who make a great question of it● , or rather put it out of question , that christ was not cast out of the synagogues ; for what saith he himselfe io. . . i ever taught in the synagogue , and in the temple , whether the iewes alwayes resort . christ was cast out of the city of nazareth in the tumult by the people luk. . but here was no consistoriall sentence , it was not the casting out of the synagogue of which our question is . the other instance which erastus gives , helps him as little . the apostles saith he , were cast out of the synagogue , and yet immediately went to the temple , and taught the people act. . & . and how many synagogues was paul cast out of ? cor. . yet he is not reprehended for coming into the temple . answ. i find nothing of the synagogue in those places which he citeth . it was the councell , not the synagogue which the apostles had to doe with act. . v . but what have they gained if they could prove that christ or his apostles , while knowne to be excommunicate from the synagogues , were admitted into the temple ? how often did they come into the temple , when the priests , and elders , and scribes , would gladly have cast them out , but they feared the people , and so were restrained ? nay , what if they could give other instances , that such as were cast out of the synagogue , were permitted to come into the temple ; what gaine they thereby ? if we understand the casting out of the synagogue to be meant of niddui , of the lesser excommunication as drusius , bertramus , grotius , and godwyne understand it , we are not at all pinched or straitned . nay , though we should also comprehend the cherem or greater excommunication under this casting out of the synagogue , all that will follow upon the admission of such into the temple , will be this , that excommunicate persons when they desired to make atonement for their sinne by sacrifice , were for that end admitted into the temple ( which who denies ? ) but still with a marke of ignominy upon them as long as they were excommunicated , as i have shewed before . chap. . finally whereas master prynne concludeth his discourse of this point , that we may as well prove excommunication from diotrephes . io. , as from the casting out of the synagogue , i admit the paralell thus . the pharisees did cast out from the synagogue such as professed christ ; diotrephes did cast out of the church ( as iohn saith ) such as received the brethren . both clave errante : the ecclesiasticall censure was abused and misapplyed ; yet from both it appeareth ▪ that ecclesiasticall censures were used in the church . there was a casting out of the synagogue used among the jewes , which the pharisees did abuse . there was a casting out of the church used among christians , which diotrephes did abuse . i remember i heard master coleman once draw an argument against excommunication from that text in iohn concerning diotrephes . which is as if we should argue thus , the scripture tells us it is a sinne to condemne the righteous , ergo it is a sinne to condemne . it is a sinne to cast out of the church godly persons who love and receive the brethren , ergo it is a sinne to cast out of the church . a fallacy à dicto secundum quid ad dictum simpliciter . the weight is laid upon the application of such a censure to such persons : an unju● excommunication is not imitable , but a just excommunication is imitable ▪ according to the warning given us in the words immediately added , follow not that which is evill , but that which is good . chap. vii . other scripturall arguments to prove an excommucation in the iewish church . another scripture proving excommunication in the jewish church ( which is also paralell to that casting out of the synagogue as erastus himselfe told us ) is ezra . . . that whosoever would not come within three dayes , according to the counsell of the princes and elders , all his substance should be forfeited , and himselfe separated from the congregation ( or church , it is kahal in the hebrew , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greeke ) of those that had been carryed away . this separation from the congregation or church is not meant of banishment , but of excommunication , as it is interpreted by lyra , hugo cardinalis , cajetan , nicholaus lombardus , mariana , cornelius a lapide : of protestants pellicanus , lavater , diodati , the dutch annotations , the late english annotations ; all upon the place . also by zepperus de pol. eccl . lib. . cap. . and divers others who cite that place occasionally . ampsingius disp . advers . anabaptist . pag. . doth from that place confute the anabaptists tenent , that there was no other but a civill tribunall in the jewish church . beda upon the place cals this assembly a synod , ●…nita synodo &c. josephus antiq . lib. . cap. . expresseth the punishment of those who would not come to hierusalem at that time , thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a double punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : the former is referred to the persons themselves , and it signifieth an abalienation of those persons from the congregation , not a banishing or driving of them out of the land ; for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth to abalienate a person or thing , by renouncing and quitting the right , title , and interest which formerly we had in that person or thing ; so houses , lands , persons , &c. are abalienated , when ( though they and we remaine where before ) we cease to owne them as ours ; and thus the congregation of israel did renounce their interest in those offenders , and would not owne them as church-members . the other punishment was the dedicating or devoting of their substance . gelenius the interpreter hath rightly rendered the sence of iosephus : et quisquis non adfuerat intra praescriptum ●…empus , ut excommunicetur , bonaque ejus sacro aerario addicantur . you will object , this separation from the congregation is coupled together with forfeiture of a mans estate , and so seemeth rather banishment than excommunication . this objection being taken off , i think there shall be no other difficulty to perplex our interpretation . wherefore i answer these two things . . it is the opinion of divers who hold two sanhedrins among the jewes , one civill , and another ecclesiasticall ; that in causes and occasions of a mixed nature which did concerne both church and state , both did consult conclude , and decree , in a joynt way , and by agreement together . now ezra . the princes , elders , priests , and levites , were assembled together upon an extraordinary cause , which conjuncture and concurrence of the civill and the ecclesiasticall power might occasion the denouncing of a double punishment upon the contumacious , forfeiture and excommunication . but . the objection made , doth rather confirme me , that excommunication is intended in that place . for this forfeiture was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a making sacred , or dedicating to an holy use , as i have shewed out of iosephus . the originall word translated forfeited is more properly translated devoted , which is the word put in the margin of our bookes . the greek saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , anathemstizabitur which is the best rendring of the hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it was not therefore that which we call forfeiture of a mans substance . intellige saith grotius , ita ut deo sacra fiat . and so the excommunication of a man , and the devoting of his substance as holy to the lord , were joyned together : and the substance had not been anathematized if the man had not been anathematized . i doe not say that excommunication ex natura rei doth inferre and draw after it , the devoting of a mans estate as holy to the lord. no : excommunication can not hurt a man in his worldly estate , further than the civill magistrate and the law of the land appointeth . and there was excommunication in the apostolical churches , where there was no christian magistrate to adde a civill mulct . but the devoting of the substance of excommunicated persons ezra . as it had the authority of the princes and rulers for it , so what extraordinary warrants or instinct there was upon that extraordinary exigence , we can not tell . finally m. selden de jure nat . & gentium . lib. . cap. . p. . agreeth with lud. capellus that the separation from the congregation ezra . . plane ipsum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fieri , it is the very same with casting out of the synagogue , which confuteth further that which m. prynne holds , that the casting out of the synagogue was not warranted by gods word , but was onely a humane invention . i know some have drawne another argument for the jewish excommunication from nehem. . . i contended with them , and cursed them , id est , anathematizavi & excommunicavi , saith c. a lapide upon the place . so tirinus upon the same place . mariana expounds it , anathema dixi . aben ezra understands it of two kinds of excommunication , niddui and cherem . for my part , i lay no weight upon this , unlesse you understand the cursing or malediction to be an act of the ecclesiasticall power , onely authorised or countenanced by the magistrate : which the words may well beare ▪ for neither is it easily credible that nehemiah did with his owne hand smite those men and plucke off their hayre , but that by his authority he tooke care to have it done by civill officers , as the cursing by ecclesiasticall officers . the dutch annotations leane this way , telling us that nehemiah did expresse his zeale against them as persons that deserved to be banned or cut off from the people of god. another text proving the jewish excommunication is luke . . when they shall separate you , and shall reproach you , and ●…ast out your name as evill . it was the most misapplied censure in the world , in respect of the persons thus cast out ; but yet it proves the jewish custome of casting out such as they thought wicked and obstinate persons . this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beda upon the place understandeth of casting out of the synagogue , separent & synagoga depellant &c. yet it is a more generall and comprehensive word then the casting out of the synagogue . it comprehendeth all the three degrees of the jewish excommunication , as grotius expounds the place . which agreeth with munsterus dictionar . trilingue , where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the onely greeke word given both for the three hebrew words niddui , cherem , and shammata , and for the latine excommunicatio . wherefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this place is extermino , excommunico , repudio , which is one of the usuall significations of the word given by stephanus , and by scapula . it is a word frequently used in the canons of the most ancient councels , to expresse such a separation as was a church-censure , and namely suspension from the sacrament of the lords supper . for by the ancient canons of the councels , such offences as were punished in a minister by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is deposition , were punished in one of the people by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is segregation or sequestration . zonaras upon the th canon of the eighth generall councell , observeth a double 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used in the ancient church ●ne was a totall separation or casting out of the church which is usually called excommunication ; another was a suspension or sequestration from the sacrament onely . of which i am to speak more afterward in the third booke . i hold now at the text in hand , which may be thus read , according to the sence and letter both , when they shall excommunicate you , &c. howbeit the other reading when they shall separate you , holds forth the same thing which i speake of ; separate , from what ? our translators supply from their company : but from what company of theirs ? not from their civill company onely , but from their ▪ sacred or church assemblies , and from religious fellowship , it being a church-censure and a part of ecclesiasticall discipline , in which sence , as this word frequently occurreth in the greeke fathers and ancient canons when they speake of church discipline , so doubtlesse it must be taken in this place . . because , as grotius tels us , that which made the jewes the rather to separate men in this manner from their society was the want of the civill coercive power of magistracy , which sometime they had . and i have proved before that the civill sanhedrin which had power of criminall and capitall judgements did remove from ierusalem , and cease to execute such judgement , forty yeeres before the destruction of the temple . . because in all other places of the new testament where the same word is used , it never signifieth a bare separation from civill company , but either a conscientious and religious separation by which church members did intend to keep themselves pure from such as did walke , ( or were conceived to walke ) disorderly and scandalously , acts . . cor. . . gal. . . or gods separating between the godly and the wicked , matth . . & . . or the setting apart of men to the ministery of the gospell , acts . . rom. . . gal. . . thirdly , a civill separation is for a civill injury ; but this separation is for wickednesse and impiety , whether accompanied with civill injury or no ; they shall cast out your name as evill , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or as it seemes the syriak and arabik interpreters did read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tanquam improborum , as of wicked and evill men . the sence is the same . thus farre of the jewish church , the jewish ecclesiasticall sanhedrin , the jewish excommunication . i proceed to the jewish exomologesis or publike confession of sinne . chap. viii . of the iewish exomologesis , or publike declaration of repentance by confession of sinne . as there were some footsteps of publique confession among the heathens , and namely among the lacedemonians : l who made him that was deprehended in a crime , to compasse the altar , and there to expresse his owne shame , and to pronounce some disgracefull words against himselfe . so , i make no doubt , they had this ( as many other rites ) from an imitation of the people of god , who had their owne exomologesis , and publique testimonies of repentance , which may thus appeare . first , a man was to put his hand upon the head of the sacrifice which he brought , and so it was accepted to make atonement for him , lev. . . and this was done in the tabernacle publiquely before the priest. genebrardus and lorinus in psalm . . tell us out of aben ezra and other rabbinicall autors , and ex libro siphri , that when he that brought the sacrifice , did put his hands between the hornes of the beast which was to be offered , he did distinctly commemorate that sinne for which he did then repent , professing his detestation thereof , and promising to do ▪ so no more . m r ainsworth on levit. . . to the same purpose citeth out of maimeny in treat . of offering sacrifices , cap. . these words . he layeth his hands between the two hornes , and confesseth upon the same offering , the iniquity of sinne , and upon the trespasse-offering , the iniquity of trespasse : and upon the burnt offering he confesseth the iniquity of doing that which he should not ▪ and not doing that he ought , &c. now that confession of sinne was joyned with the laying on of hands upon the sacrifice , is not onely proved by the judgement of the hebrews , understanding the law in that sence , but by the law it selfe , lev. . . where aaron is commanded to lay his hands upon the head of the live goat , and confesse over him all the iniquites of the children of israel , and all their transgressions in all their sinnes , putting them upon the head of the goat . secondly , the law appointeth confession to be made at the bringing of trespasse-offerings levit. . and that in three kinds of trespasses . if one heare the voyce of swearing , that is , heare his neighbour swearing or cursing , which he ought to reveale : and is a witnesse whether he hath seen or known of it : ( that is , whether he himselfe hath been present at the cursing or reviling ( of god levit. . , . or of man , sam. . . ) or hath heard it by relation from others , and knowne it that way . so the dutch annotations and the best interpreters ) if he doe not utter it , then he shall beare his iniquity . the meaning is when one doth for favour or malice ( so aretius and pareus upon the place ) dissemble the truth , and conceale his knowledge , and so make himselfe partaker of other mens sinnes . grotius expounds it by prov. . who so is partner with a thiefe hateth his owne soule : he heareth a cursing and bewrayeth it not . in such a case a man did greatly scandalize all those ( were they more or fewer ) who knew his dissimulation , and that he did not utter his knowledge . if one had touched any uncleane thing , and not being cleansed from his uncleannesse m did goe into the sanctuary or touch an holy thing ( whether he knew himselfe to have touched the uncleane thing , when he went into the sanctuary , but did afterward forget it , as the hebrews understand the place ; or whether he did not know of his uncleannes when he went into the sanctuary ) as soon as it was revealed to him by others who did take offence at it , or otherwise brought to his knowledge , he was held guilty till confession and atonement was made . it was not simply the touching of an uncleane thing , for which the confession and trespasse-offering was appointed : seeing the law ( saith ainsworth ) maketh such uncleane but till evening lev. . , . when washing themselves and their clothes they were cleane , and for uncleannesse by a dead man , the sprinkling water cleansed them , num. . , , . wherefore he resolveth out of the hebrew doctors , that this confession of sinne , and the trespasse-offering was required in case an uncleane person in his uncleannesse came to the sanctuary , or did eate of an holy thing . if one had sworne unadvisedly , as david , sam. . . herod , mark . . those conspirators against paul , acts . . ( which are the examples given in the dutch annotations , and they are examples of scandals ) if the thing were hid from him , through the distemper , impetuosity , and passion of his spirit , overclouding the eye of his mind , so that when he hath sworn a scandalous oath , he scarce knowes or remembers well the thing . or thus ; if a man had sworne an oath to doe a thing , or not to doe it , and afterward falsified his oath , either because he could not doe what he had rashly sworne , or because he was unwilling to doe it , or because he neglected to doe it : ( aretius puts this triple case in expounding the text : ) when a man was brought to the knowledge of the falsifying of his oath , being told , or put in mind of it by others , saith diodati , which was also a case of scandall . in any of these three cases , a man was to confesse his ●inne , when he brought his trespasse-offering , and the offering was not accepted without confession : lev. . . and it shall be , when he shall be guilty in one of these things , that he shall confesse that he hath sinned in that thing . and he shall bring his trespasse-offering , &c. n this confession was made in the priests hearing , and not to god alone , as m r prynne affirmeth vindic. pag. . for , . it was a cereomoniall law , concerning the externall worship of god , and a part of the law of trespasse-offerings . he might as well have said , that the trespasse-offering was made to god alone , without the presence of the priest or any other ▪ . he himselfe doth not deny ( but intimate ) that till such confession was made , a man was not admitted to make atonement by trespasse-offerings . and so doe the jewes understand the law of confession , as we shall heare by and by . now how could it be knowne , whether a man had confessed any thing at all , if it was secretly , and to god alone ? . the sinnes to be confessed , were oft times scandalous and knowne to others , ( as hath been cleared . ) therefore the confession was to be knowne to others also . that this confession ( not private and auricular , but publique and penitentiall ) was made in the temple , before and in the hearing of the priest , i prove from philo the jew . in his booke de sacr . abelis & caini , at the close , speaking of the levites ministery , he saith , that he did execute and performe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , all those services which belong to a perfect priesthood , and to the bringing of man to god , whether by burnt-offerings , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aut pro peccatis quorum paenitet saith gelenius the interpreter , meaning the trespasse-offerings . but observe further , he speaks of the penitentiall part , as a publique thing , or rather of the publique declaration of repentance . repentance of sinnes , that is , repentance declared or professed ( which was in the confession joyned with the trespasse-offerings ) was one of the chiefe things about which the leviticall ministery was exercised : which is the cleare sence of the place . more plainly , the same philo lib. de victimis towards the close , where he tels that certaine parts of the trespasse-offerings were eaten by the priests , and that these must be eaten in the temple , he gives this reason for it , lest the penitents sinne and shame should be divulged and punished more then needs must , which intimateth that the particular offence was so confessed that it was made knowne to such as were within the temple . the third scripturall proofe is num. . , . when a man or a woman shall commit any sinne that men commit , to doe a trespasse against the lord , and that person be guilty , then they shall confesse their sinne which they have done : and he shall recompence his trespasse , &c. the hebrews expound it thus : all the precepts in the law , whether they command or forbid a thing , if a man transgresse against any one of them , either presumptuously or ignorantly , when he maketh repentance and turneth from his sinne , he is bound to confesse before the blessed god , as in numb . . . this confession is with words , and it is commanded to be done . how doe they confesse ? he saith , oh god , i have sinned , i have done perversely , i have trespassed before thee , and have done thus and thus : and loe i repent , and am ashamed of my doings : and i will never doe this thing againe . and this is the foundation of confession . and who so maketh a large confession , and is long in this thing , he is to be commended . and so the owners of sinne and trespasse-offerings , when they bring their oblations for their ignorant or for their presumptuous sinnes : atonement is not made for them by their oblation , untill they have made repentance and confession by word of mouth . likewise all condemned to death by the magistrates , or condemned to stripes , no atonement is made for them by their death , or by their stripes , untill they have repented and confessed . and so he that hurteth his neighbour , or doth him dammage , though he pay him whatsoever he oweth him , atonement is not made for him , tell he confesse and turne away from doing so againe for ever , as it is written in num. . . any of all the sinnes of men . all this ainsworth transcribeth out of maimony in misn. treat . of repentance , chap. . sect. . see also the latin edition of the jewish canons of repentance printed at cambridge ann. . where beside that passage in the first chapter , concerning the necessity of confessing by word of mouth , that sinne for which the trespasse offering was brought , you have another plaine passage , cap. . for ( o ) publike confession ( not of private sinnes known to god onely , but ) of known sinnes by which others were scandalized . in which passage i nnderstand by sinnes against god , sinnes known to god onely . . because its forbidden to reveale those sinnes , therefore they were secret . . because otherwise those canons shall contradict themselves , for cap. . it 's told us that all who brought trepasse offerings , were bound to confesse by word of mouth , the sinne which they had done , without which confession , they got not leave to make atonement by the trespasse-offering . now trespasse offerings were for sinnes against god as well as for sinnes against man. . it should otherwise contradict the law num. . . which appointeth any sinne or trespasse against the lord to be confessed . . those trespasses were to be publikely confessed , for which in case of impenitency and obstinacy , a man was excommunicated with cherem , or the greater excommunication . but a man was excommunicated for divers sinnes against god , which did not at all wrong his neighbour , setting a side the scandall . which i have proved before . these four reasons will prove either that the meaning of that canon must be of private sinnes , and not of publike and scandalous sinnes against the first table : or otherwise that the canon is contrary to and inconsistent with both scripture , reason , and other rabbinnicall writings . from the law num. . thus explained , observe concerning the confession of sinne . . it was for any scandalous sinne , of commission or omission against the first or second table . . it was not free and voluntary to the offender . i doe not say that he w●s compelled to it by any externall force or coercive power : but he was commanded and obliged by the law to confesse ; vatablus on num. . . fatebuntur . ● . t●…nebuntur fateri , they shall confesse , that is , they shall be bound to confesse : and a man was not admitted with his trespasse offering except he confessed . . it was done by word of mouth . . and publikely before the congregation that were present . . p the particular trespasse was named in the confession . . sinnes both of ignorance and malice , when scandalous , were to be confessed . . the sinner was not slinted to a prescript forme of words in confession , but was to enlarge his confession , as his heart was enlarged . . in criminall and capitall cases , beside the civill or corporall punishment , confession was to be made , because of the scandall which had been given . which doth further appeare from the talmud it selfe in sanhedrin . cap. . sect. . for that is observed in all who are put to death , that they must confesse ; for whoever doth confesse he hath part in the world to come ; and namely it is recorded of achan , that joshua said to him , my sonne give now glory to the lord god of israel , and make confession unto him ; and achan answered , indeed , i have sinned against the lord god of israel , and thus and thus &c. whence is it collected that his confession did expiate his sinne . and joshua said , why hast thou troubled us ? god shall trouble thee this day . this day thou shalt be troubled , not in the world to come . the like you read of achan in pirke r. elieser cap. . i know achans confession was not in the sanctuary , nor at a trespasse offering . but i make mention of it because q erastus holdeth that under the law , confession was onely required in such cases , where the sinne was not criminall or capitall . which is confuted by the afore-mentioned passages in maimonides and the talmud it selfe : proving that whether the sinne was expiated by sacrifice or by death , it was alwayes to be confessed ; from the same example of achan doth p. r galatinus lib. . cap. . prove that declaration of repentance was to be made by word of mouth , and that the sinne was to be particularly confessed , which he further proveth by another rabbinicall passage . in the fourth place , io. . . seemeth to hold forth a judiciall publike confession of sinne to have been required of scandalous sinners . the pharisees being upon an examination of him that was born blind , and was made to see , they labour to drive him so farre from confessing christ , as to confesse sinne and wicked collusion , give god the praise say they , we know that this man is a sinner . which is to be expounded by ios. . . give glory to the lord god of israel , and make confession . fifthly , as the jewes had an excommunication , so they had an absolution , and that which interveened was confession and declaration of repentance . and hence came the arabik 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nadam , he hath repented ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nadim a penitent , the niddui made the nadim : for when a man was excommunicated by the lesser excommunication , s the consistory waited first . dayes , and then other . dayes , and as some thinke ( the third time ) . dayes , to see whether the offender were penitent , ( which could not be known without confession ) and would seek absolution : which if he did not , but continued obstinate & impenitent , then they proceeded to the greater excommunication . which doth prove a publike confession , at least in the case of the excommunicated . sixthly , we find a publike penitentiall confession ezra . . . . and ezra the priest stood up and said unto them , ye have transgressed and have taken strange wives to encrease the trespasse of israel . now therefore make confession unto the lord god of your fathers , and doe his pleasure , and separate your selves from the people of the land , and from the strange wives . marke here the foresaking of the sinne could not su●fice without confessing the sinne . all israel had sworne and covenanted to doe the thing , to put away the strange wives vers . . but ezra the priest tells them they must also make confession of their sinne ; confession of their former trespasse must be joyned with reformation for the future : all which the people promise to doe as ezra had said vers . . but what was this confession ? was it onely a private confession to god alone ? or was it onely a generall confession made by the whole congregration of israel at a solemne fast and humiliation ? nay , that there was a third sort of confession differing from both these , appeareth by vers . . neither is this a worke of one day or two : for we are many that have transgressed in this thing ; yea , three moneths are spent in the businesse , vers . , . during which space , all that had taken strange wives , came at appointed times out of every city , and were successively examined by ezra the priest and certaine chiefe of the fathers and levites , ( such of both , as were not themselves guilty ) before whom such as were found guilty did make confession : the sons of the priests made confession as well as others , yea , with the first ; and gave their hands , that they would put away their wives : and being guilty , they offerered a ram of the flock for their trespasse . with which trespasse offering confession was ever joyned , as hath been before shewed from the law. seventhly , master hildersham of worthy memory in his . lecture upon psal. . draweth a● argument from davids example for the publike confession of a scandalous sinne before the church , he made , saith he , publike confession of his sinne to the congregation and church of god ; for we see in the title of this psalme . . that he committed this psalme ( that containeth the acknowledgement of his sinne , and profession of his repentance ) to the chief musitian to be published in the sanctuary and temple . that in this publication of his repentance , he hideth not from the church his sinne , nor cloketh it at all , but expresseth in particular the speciall sinne , &c. adde hereunto , this publike confession was made after ministeriall conviction by nathan , who did convince david of the greatnesse of that scandalous sinne , in which he had then continued impenitent neer a yeer or thereabout . the doctrin which master hildersham draweth from davids example is this , that they whose sinnes god hath detected and brought to light , whose sinnes are publike and notorious , scandalous and offensive to the congregations where they live , ought to be willing to confesse their sins publikely , to make their repentance as publike and notorious as their sinne is . he addeth in his explanation , when they shall be required to doe it by the discipline of the church . marke one of his applications ( which is the subject of the . lecture ) the second sort that are to be reproved by this doctrine , are such as having authority to enjoyne publike repentance to scandalous sinners , for the satisfying of the congregation , when they are detected and presented unto them , refuse or neglect to doe it . and here he complaineth , that the publike acknowledgement of scandalous sinnes , was grown out of use , and that though it was ordered by authority , yet it was not put in execution . the canons of our church ( saith he ) can . . straightly charge every minister , that he shall not in any wise admit to the communion , any of his flock which be openly known to live in sinne notorious without repentance . and the booke of common prayer in the rubrike before the communion , commandeth , that if any be an open and notorious evill liver , so that the congregation by him is offended , the minister shall call him , and advertise him in any wise , not to presume to the lords table , till he hath openly declared himself , to have truly repented , that the congregation may thereby be satisfied , which were afore offended . so that you may see the lawes and discipline of our church , require that open and scandalous sinners should d●…e open and publike repentance ▪ yea , give power to the minister to repell and keepe back such from the communion that refuse to doe it . where it may be observed by the way , that the power of elder-ships for suspending scandalous persons ( not excommunicated ) from the sacrament , now so much contented against by master prynne , is but the same power which was granted by authority to the ministery , even in the prelaticall times . and he hath upon the matter endeavoured to bring the consciences of a whole elder-ship into a greater servitude under this present reformation , then the conscience of a single minister was formerly brought under by law in this particular . eightly , master hildersham ibid. lect. . argueth not onely ●… pari , but ●… fortiori . if a necessity of satisfying an offended brother , how much more a necessity of satisfying an offended church , which will equally hold both for the old and new testament ? his owne words are very well worth the transcribing . this is evident by those two laws lev. . . . and num. . . . where god plainly taught his people , that their trespasse offering which they brought to him , to seeke pardon of any sinne , whereby they had wronged any man , should not be accepted , till they had first made satisfaction to the party to whom the wrong was done . and le●…t we should thinke those lawes concerned the jewes onely , our saviour himselfe giveth this in charge matth. . . . if thou bringest thy gift to the altar , and there remembrest that thy brother hath ought against thee : leave there thy gift before the altar , and go thy way , first be reconciled to thy brother , and then come and offer thy gift . and if there be such necessity of making satisfaction to any one brother that hath ought against us , before we can get assurance of our reconciliation with god , what necessity is there of making satisfaction to a whole church and congregation , that we have given just cause of offence unto ? in this case it is not sufficient to approve our repentance and truth of heart to god ; we must be willing also and desirous to approve it to the congregation and church of god , that we may say as the two tribes and halfe said , josh. . the lord god of gods he knoweth , and israel he shall know . thus master hildersham . chap. ix . whether in the iewish church , there was any suspension or exclusion of prophane , scandalous , notorious sinners , from partaking in the publike ordinances , with the rest of the children of israel in the temple . erastus and his followers hold , that among the jewes none was excluded from any publike ordinance in the temple , for morall uncleanesse , that is , for a prophane scandalous conversation , but onely for legall or ceremoniall uncleanesse . the like master prynne saith of the passeover , and of the temple he holds that even those who were for their offences cast out of the synagogues , were yet free to come and did come to the temple . i shall particularly make answer both to erastus and to master prynne in this point , when they shall fall in my way afterward . i shall here , more generally endeavour to rectifie their great mistake , and to prove an exclusion from the temple and publike ordinances , for publike and scandalous offences in life and conversation , or for morall as well as ceremoniall uncleanesse . first , i shall prove it ex ore duorum , from the testimonies of two of the most famous witnesses of the jewes themselves , philo and iosephus . t philo lib de victimas offerentibus , is so full and plaine , as if he had purposely written that booke to record the exclusion of scandalous persons from communion with the church of israel in the temple . he presseth all along the necessity of holinesse and purity in those who bring sacrifices , and tells us that their law did exclude from their holy assemblies meretricious persons , despisers of god , and all that were known to be impious and prophane , as well as those who were legally uncleane . the same thing may be confirmed out of iosephus , u who records that one simon a doctor of the law , did in the absence of king agrippa , accuse him to the people as an impure unworthy man , who ought not be suffered to enter into the temple . iosephus gives a good testimony to agrippa , that he was unjustly accused . agrippa himselfe sends for simon , and askes him what he had ever done which deserved such an accusation . but neither agrippa himselfe , nor iosephus , saith one syllable to this purpose , that the excluding of a man from the temple for prophanenesse and impiety was a new arbitrary censure , contrary to the law or custome of the jewes : which ( no doubt ) they had done , if there had been any ground for them to say so . their very pleading of innocency , and no more , tacitely confirmeth that if guilty , it had been just to exclude from the temple . againe de bello jud. lib. . cap. . iosephus records that ananus the high priest ( whom cap. . he highly commends for good government ) had an oration to the jewes against the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the zelots , who under colour of that name , which they took to themselves , committed a great deale of injustice and violence . he said with tears , i had rather dye then see the house of god filled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with such crimes ( or criminall persons ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the forbidden and holy places to be haunted and trode with the feet of those who are polluted with murthers : speaking of those zelots . what can be more plaine ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a piacular crime , was a cause of keeping back from the temple ( even as also among the heathens , some were for piacular crimes interdicted the sacrifices ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , blood-guiltinesse , defilement by murther , was also a cause of exclusion from the temple , and to such the temple was a place inaccessible and forbidden . i adde a testimony of i. scaliger elench . trihaeres . nic. terar . cap. . where speaking of those essaeans who did not observe the mosaicall rites , he saith , itaque non mirum , si tanquam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & piaculares aditu templi prohibebantur . the like constantinus l'empereur annot . in cod. middoth pag . proves from another passage in iosephus : vi●…i autem qui non per omnia cas●…i essent ab interiori aula prohibebantur . where l'empereur addeth , in spacii descripti partem interiorem non admittebant quoque haereticum : which he saith may be proved out of the talmud . quis enim dicat ( saith hen. vorstius , animad . in pirke pag. . ) apostatam , blasphemum , aliaque sacra capita intra templum fuisse admissa . of the exclusion of excommunicate persons i have before spoken , following their opinion who hold , that such as were excommunicate by the lesser excommunication or niddui , had liberty to come into the temple , yet so that they were to enter in at the gate of the mourners , and were not seen in the temple , but as penitents : but such as were excommunicated by the greater excommunication or cherem were not suffered to come into the temple , nor so much as into any assembly of ten men , and they might neither teach nor be taught . x grotius holds that such as were excommunicated by niddui or the lesser excommunication had power to come to the temple , but no otherwise then heathens , and that they might not come into the court of israel : which is an answer to m. prynnes objection , that such as were cast out of the synagogue came to the temple . there are but two places in the new testament , which seem at first to make much against that which i have said . one is , luke . concerning the publicans going up to the temple to pray , as well as the pharisee . the other is iohn . concerning the woman taken in adultery , whom they brought before christ in the temple . i remember y erastus objecteth them both . to the first i answer , it rather confirmeth then confuteth what i have said . for . the text saith , vers. . the publican stood afarre off : the pharisee not so . z grotius upon the place , verse . noteth , that the pharisees fault was not in this particular , that he came further into the temple then the publican : for the custome was such , that the publicans were to stand in the court of the gentiles , the pharisees in the court of israel . camer . myroth . in luke . is also of opinion that the publican stood in the court of the gentiles , or in that first court into which iosephus lib. . contra appion . saith , that all , even heathens , might come . . and though our opposites could prove , that the publican came into the court of israel , ( which they will never be able to doe ) yet this place helpes them not at all , unlesse they can prove that this was a scandalous and prophane publican . it is certaine that divers of the publicans were religious and devout men , and that this was one of them , we may more then conjecturally know , by the pharisees owne words , for when he hath thanked god , that he is not as other men , adulterers , unjust , extortioners , he addeth with a disjunction , or even as this publican , thus preferring himselfe not onely to the infamous and scandalous publicans , but even to this devout publican . more of this place afterward , in the debate of matth. . to the other objection from iohn . , . where it is said that the pharisees brought a woman taken in adultery into the temple , and set her before christ ; first , i answer with a const. l'empereur annot . in cod. middoth cap. . pag. . by the temple , in that place , we are to understand the intermurale , the utter court , or court of the gentiles , which was without the court of israel , which utter court ( saith he ) both the evangelists and iosephus call by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the temple . yea the whole mountaine of the temple , even comprehending that part of it which was without the intermurale , had the name of the temple , as m. selden noteth de jure nat . & gent. l. . c. . p. . and lib. . cap. . he expounds that of the money-changers in the temple , to be meant of the court of the gentiles . this answer doth the better agree to iohn . because v. . tels us , it was in the place where all the people came unto jesus , and he taught them . now it is certaine that both christ and his apostles did often teach the people in the coutt of the gentiles , and in solomons porch , which was without the court of israel , in the intermurale , that all might have the better occasion of hearing the gospell , even they who were not permitted to enter into the court of israel . wherefore since the text tels us , that when the pharisees brought the woman to christ , he was teaching in such a place , where all the people had accesse to heare him : this agreeth better to the intermurale , then to the court of israel . secondly , i answer , that woman did not come as a priviledged person , free to come and worship ●in the court of israel , with the church of israel ; but she is brought as an accused person , that in the most publique and shamefull manner she might be sentenced and condemned , and made vile before all the people : so that it was in her paena , non privilegium . b the sanhedrin also did sit in the temple , so that such as were to be examined and judged , must be brought to that place where the sanhedrin was , which sate in that part of the temple that was called gazith . this might be the occasion of bringing some to the temple as parties to be judged , who were not admitted to the ordinances of worship in the court of israel . even as the prohibition of reading atheisticall or hereticall bookes , sanhedrin cap. . sect . . was not violated by the councels reading or searching of them for a judiciall triall and examination : as is rightly observed by dionysius vossius , annot . in maimon . de idol . pag. . and now having taken off the two principall objections , we shall take notice of such scriptures as either directly , or at least by consequence prove , that notorious and scandalous sinners were not allowed to be admitted into the temple , and partake in all the ordinances . . god reproveth not onely the bringing of strangers into his sanctuary , who were uncircumcised in the flesh , but the bringing of those who were uncircumcised in heart , that is , known to be such , for de secretis non judicat ecclesia , ezech. . , . such ought not to have had fellowship in the holy things . no stranger uncircumcised in flesh , shall enter into my sanctuary , of any stranger that is among the children of israel . it is a law concerning proselytus domicilii , such proselytes as having renounced idolatry , and professing to observe the seven precepts given to the sonnes of noah , were thereupon permitted to dwell and converse among the children of israel . ( of which more elsewhere . ) such a one ought not be admitted into the sanctuary , or place of the holy assemblies , there to pertake in all the ordinances with the church , unlesse he be both circumcised in flesh , and also in regard of his profession and practice a visible saint , or one supposed to be circumcised in heart . the disjunction nor tels us that if he were either uncircumcised in flesh , or known to be uncircumcised in heart , god did not allow him to be admitted to cōmunion with the children of israel in al publik ordinances . . there is a law , deut. . . forbidding to bring the hire of a whore into the house of the lord : and that because it was the price of a whore ; how much more was it contrary to the will of god , that the whore her selfe , being knowne to be such , should be brought to the house of the lord ? for propter quod ununiqu●…que est tale , id ipsum est magis tale . this argument is hinted by c philo the jew . . the lord sharply contendeth with those who did steale , murther , and commit adultery , and sweare falsely , and burne incense to baal , and yet presumed to come and stand before him in his owne house . is this house which is called by my name , saith the lord , become a den of robbers in your eyes ? ierem. . , , . a den of robbers is the place which receives robbers ; and ( saith vatablus upon the place ) as robbers after their robbing come to their denne , so doe these even after their stealing , murthering , &c. come to the temple . to the same purpose is that challenge ezech. . , . moreover this they have done unto me , they have defiled my sanctuary in the same day , and have prophaned my sabbaths . for when they had slaine their children to their idols , then they came the same day into my sanctuary to prophane it . but god would not have the temple to be a receptacle for such . when christ applieth that scripture , ierem. . against those who bought and sold in the temple , matth. . , . he makes it cleare , that the temple was made a den of robbers , not onely as it was made a place of gaine , or a den where the robbers prey lies , but even as it was a receptacle of the robbers or theeves themselves : therefore he is not contented with the overthrowing of the tables of money-changers , and the seats of them that sold doves , but he did also cast out all them that sold and bought in the temple : that is , he would neither suffer such things , nor such persons in the temple , yea though it was onely in the utmost court , or the court of the gentiles , as grotius and m r selden thinke : how much lesse would he have suffered such persons in the court of israel . d philo the jew doth also apply what is said in the prophets of gods hating the sacrifices of the wicked , even to the excluding of prophane men from the temple . m r. selden de jure nat . & gent. lib. . cap. . doth so explaiue that casting out of the buyers and sellers out of the temple , that the argument in hand is not a little strengthned thereby . he saith truly , that those who were cast out had polluted and profaned that holy place , ideo & ipsi , ut qui tum criminis aliorum participes , tum suo infames pariter , sie templum seu montis templi locum illum ipsis permissum profanabant , ejiciendi . he holdeth also that this which christ did was done ex jure patrio , to wit , ex zelotarum jure : and that else it had been challenged by the priests and scribes , if it had been contrary to the law or custome . zelots , that is , private persons zealously affected , were permitted to scourge , wound , yea kill such as they saw publiquely committing atrocious wickednesse , by which the holinesse either of the name of god , or of the temple , or of the nation of the jewes was violated . so m r. selden sheweth out of the talmudists , ib. cap. . now ( saith he ) zelotarum jure , our saviour though a private person ( for so he was lookt upon by the priests and scribes ) did scourge and cast out the buyers and sellers . if so , then certainly such wicked and abominable persons were not allowed to come to the temple ; and if they did , they ought to have been judicially and by authority cast out ; for that which was permitted to private persons in the executing of justice or inflicting of punishment , out of their zeale to the glory of god , was much more incumbent to such as had authority in their hands for correcting and removing the prophanation of the temple in an authoritative , judiciall , and orderly way . . the levites had a charge to let none that were uncleane in any thing enter into the temple , chron. . . now this is like that cor. . . with such a one no not to eate : an argument from the deniall of that which is lesse , to the deniall of that which is more . so here , it was a necessary consequence : if those that were ceremonially uncleane were to be excluded from the temple , much more those who were morally or impiously uncleane . for , . the legall uncleannesse did signifie the sinfull uncleannesse ; and the exclusion of those that were known to be legally uncleane from the temple , did signifie the excluding of those who are knowne to be grossely and notoriously uncleane in their life and conversation . which shall be abundantly confirmed afterwards . therefore bertramus de rep. ebr. cap. . saith rightly that the levites had a charge to keepe from the temple the uncleane aut etiam alio quovis modo indignos , or those also who were any otherwaies unworthy . . godwyn in his moses and aaron , lib. . cap. . makes a comparison betweene the three degrees of the jewish excommunication , and the three degrees of excluding the uncleane , numb . . which parallel if we please to make then as for any of the three sorts of uncleannesse , the touch of the dead , issue , or leprosie , a man was excluded from the campe of god or the sanctuary ; so it will follow that even those who were cast out by the niddui ▪ or lowest degree of excommunication , were fo● a time suspended from communion with the church in the ordinances . . the levites were appointed to put a difference not onely betweene the cleane and the uncleane , but betweene the holy and unholy , levit. . . or betweene the holy and profane , ezech. . . & . . by cleane and uncleane i understand persons or things that were ceremonially such ; by holy and prophane , persons that were morally such . . i prove the same point from psalm . , . open to me the gates of righteousnesse , i will goe into them , and will praise the lord. this gate of the lord into which the righteous shall enter . the chaldee saith , the gate of the house of the sanctuary of the lord. the gates of gods sanctuary , are called gates of righteousness , saith ainsworth on the place , because onely the just and cleane might enter into them . we read also that it was written over the gates of some of the jewish synagogues , this is the gate of the lord , into which the righteous shall enter . * vatablus upon this place , thinks that david speakes by way of antithesis to the former ▪ pollution of the sanctuary by saul , and other wicked persons , who by comming to the house of god had made it a denne of thieve● ▪ but now the righteous shall enter in it . [ the righteous ] ●…on to such ( saith di●…dati ) and 〈◊〉 to prophane persons , it belongeth to enter in there . . the same thing may be proved , from psalm . . lord who shall abide in thy tabernacle ? who shall dwell in thy holy hill ? he that walketh uprightly , and worketh righteousnesse , &c. i know the chiefe intendment of god in this place is to describe such a one as is a true member of the church invisible , and shall enter into the heavenly ierusalem . but certainly there is an allusion to the sanctuary , and the holy hill thereof in ierusalem , as to the type of that which is spiriuall and eternall , which iansenius upon the place noteth : and the prophet here teacheth the people so to looke upon those offences for which men were excluded from the sanctuary , as to learne what kind of persons are true members of the church , and who not ; who shall be allowed to commun●cate in all the ordinances of the new testament , and who not ; who shall be received into everlasting life , and who not ; and thus by the type he holds forth the thing tipyfied ; gesnerus upon the place thinkes that communion with the church in this world is meant in the first words , lord who shall sojourne ( so the word is jagur in the hebrew , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek ) in thy tabernacle . ( the name of tabernacle fitly expressing the moveable and military estate of the church in this world : ) and that reception into the church triumphant , is meant in the following words : who shall dwell in thy holy hill ? which noteth a permanent and durable estate . the chaldee paraphrase expoundeth the whole , of such as were thought worthy to be admitted into the house of the lord , thus , lord who is worthy to abide in thy 〈◊〉 〈◊〉 and who shall be worthy to sojourne in the mountaine of the house of thy holinesse . so psalm . . the chald● readeth thus , who shall be worthy to ascend unto the mountaine of the house of the sanctuary of the lord ? so that the thing alluded unto in both these places , is that the priests and levites did admit 〈◊〉 to the sanctuary , but such as had the markes or characters there enumerated , so farre as men can ●udge of these markes , that is so fa●e as they are externall and discernable . . the same thing seemeth also to be alluded unto psalm . . unto the wicked ( the chaldee addes , that repenteth not , and prayeth in his transgression ) god saith , what hast thou to doe to declare my statutes , or that thou shouldest take my covenant in thy mouth . it is spoken to a scandalous prophane man , vers. , , . who yet will needs take upon him a forme of godlinesse . e where philo the jew speakes of him that blasphemed the name of the lord , he addeth , that it was not lawfull for all men to name the name of god , no not for honour or religions sake , but onely for good and holy men . and this gives me occasion to adde in conclusion a further confirmation out of the hebrew doctors . they held that an israelite turning an hereticke , ( that is , denying any of their thirteen fundamentall articles ) to be as an heathen man , and did therefore permit a jew to lend to him upon usury even as to an heathen . m. selden de jure nat . & gentium . lib. . cap. . they held that such a one , an hereticall israelite , had no communion with the church of israel . see tzemach david translated by hen. vorstius pag. . abrabanel de capite fidei cap. . dub . . & ib. cap. . they esteemed an hereticall jew , more hereticall then a christian , and did excommunicate him , even summarily and without previous admonition . see buxtorf . lexic. chald. talm. & rabbin . pag. . moses maimonides de fundam . legis . cap. . sect . . tels us that if an epicurean israelite had written a coppy of the booke of the law , it was to be burnt , with the name of that epicurean wretch , because he had not done it holily , nor in the name of god. they who did imagine the scripture it selfe to be polluted and prophaned , when it came thorough the hands of an epicurean , or hereticall israelite , no doubt , they thought the temple polluted and prophaned , if such a one should be suffered to come and worship in it . from all which it appeareth , how much reason l'empereur had to say , that they did not admit an heretick into the inner part of the intermurale , or that part of the temple which divided between the israelites and heathens . if any man shall aske , what i meane to inferre from all this . must all prophane persons be kept back from our 〈◊〉 ●s and publike assemblies , and so from hearing the word ? i answer ; god forbid . the analogy which i understand is to hold between the jewish and christian church , is this . as prophane persons were forbidden to enter into the temple because of the sacramentall and typicall holinesse thereof ( for the temple was a type of christ ) so prophane persons are now much more to be kept back from the sacrament of the lord supper , which hath more of sacramentall signification , mystery , and holinesse in it , then the temple of ierusalem had , and whereby more ample evangelicall promises are set forth and sealed unto us . and as prophane persons might of old come into the court of the gentiles , and there heare the word preached in solomons porch ( where both christ and his apostles did preach io. . . act . . act. . . which porch was in the utmost court , that is , the court of the gentiles : of which else-where out of iosephus ) but might not come into the court of israel , nor have communion in the sacrifices : so prophane obstinate sinners are to be excluded , for their impiety , from the church communion of saints , though they may heare the word , as heathens also may doe . now that the temple of ierusalem had a typicall sacramentall resemblance of christ , may appear plainly in divers particulars . . as the glory of the lord dwelt in the temple within the oracle , above the arke and the mercy seat ; and at the dedication of the temple , the cloud of the glory of the lord did visibly fill the whole house ; so in christ the fulnesse of the god-head dwells bodily , as the apostle speakes ▪ . as the great god whom the heavens of heavens cannot containe , was yet pleased to dwell on earth , by putting his name in that place ; so notwithstanding of the infinite distance between god and man , yet they are brought neer each to other , to have fellow-ship together in jesus christ. . god revealed his will , that he would accept no sacrifices from his people , but in the temple onely , after it was built : so god hath revealed his will , that 〈◊〉 spirituall sacrifices cannot be acceptable to him , except in ▪ jesus christ onely . . the people of god were bound to set their faces toward the temple of hierusalem , when they prayed . kings . . . dan. . . so are we bound in prayer to looke toward jesus christ with an eye of faith . as there was an ample promise of god to heare the prayers which should be made in that place . chro. . , . so hath god promised to heare us and accept us , if we seeke unto him in and through jesus christ. . god said of the temple , mine eyes and mine heart , shall be there perpetually . chro. . . so he said of chri●t , this is my well beloved son in whom i am well pleased . . there was but one temple so but one mediator between god and man , the man jesus christ saith paul. . as the temple was appointed to be a house of prayer for all nations isa. . . and the s●ranger , as well as the israelite , might come and pray in it chro. . so 〈◊〉 is a propitiation , not for the jewes onely , but for the gentiles ; and whosoever beleeves on him , ( jew or gentile ) shall not be confounded . . because of thy temple at hierusalem , shall kings bring presents unto thee , saith the prophet , ps. . . so because of jesus christ ( who hath got a name above every name , and hath received all power in heaven and earth ) shall kings submit themselves and bow the knee . . glorious things were spoken of ierusalem the city of god , but the temple was the glory of ierusalem : so glorious things are spoken of the church , but christ is the churches glory . other like considerations might be added , but these may suffice . chap. x. a debate with master prynne , concerning the exclusion of prophane scandalous persons from the passeover . that which master prynne in his vindication pag. , . pleadeth for his opinion , from the law of the passeover , may be ( as i conceive ) with no great difficulty answered , and i shall doe it very shortly , ( being to insist further in answering erastus , who said much more for that point , which deserveth ●n answer ) first , in answer to our argument from the keeping back of the unclean . num. . he saith , that all circumcised persons whatsoever , had a right to eat the passeover , &c. being bound to eat the passeover in its season , except in cases of necessity , disability , by reason of a journey , or of legall uncleannesse onely , not spirituall , as is cleer by exo. . . . to . num. . . to . deut. . , . ezra . . , , . kings . , , . chron. . , . . . . where we read that all the people and all the males that were present received the passeover , not one of them being excluded from eating it . answ. . if it was so , doth not this make as much against himselfe as against us , unlesse he will say , that the analogy must hold so farre , that all baptized persons whatsoever , none excepted ( if it be not in cases of necessity or disability ) how scand●lous , impenitent , and obstinate soever they be , ought to be admitted to the lords table ? so there shall be no excommunication at all ( which yet himselfe granteth ) for if any baptized person , ( though such as master prynne himselfe would have to be excommunicated ) shall be shut out from the church and from all publike ordinances , and so from the lords supper , because of his obstinacy and continuance in some foule scandall , after previous admonitions , in so doing , we shall , by his principles , doe contrary to the law of the passeover , in the point of analogy . . the texts cited by him , prove that men were debarred for legall uncleannesse , but there is not one of them which will prove that men were debarred onely for legall uncleannesse , and no man for morall uncleannesse . yea , one of those texts . ezra . . . tells us that those who were admitted to the passeover , were such as had separated themselves from the silthynesse of the heathen of the land , to seeke the lord god of israel . . that morall uncleannesse , i meane known prophannesse or scandalous sinnes , did render men uncapable of eating the passeover i shall prove anone by divers arguments , unto which i remit master prynne . that which hee objecteth from cor. . i am to answer also distinctly by it selfe . his second reply is , that those who were legally uncleane at the day appointed for the passeover , so as they could not then receive it , were yet peremptorily enjoyned to eat it the . day of the second moneth , &c. num. . . . he must not be suspended from it above one moneth . answ. the scripture cited proves no such thing , except upon supposition that they be clean the . day of the following moneth . and what if any of them were in the second moneth also uncleane , by the touch of a deadbody or otherwise ? were they not kept off in the second moneth , as well as in the first ? is it not plainly said of the second passeover vers . . ( the very pla●e cited by himselfe ) according to all the ordinances of the passeover they shall keep it ? and one of those ordinances was the keeping back the uncleane . thirdly , he saith , that he who was legally uncleane , was kept back neither by the priest nor magistrate , but by those of the same family as vers . , . imports . and the true reason ( saith he ) in this text why his uncleannesse did seclude him from eating the passeover , was because it quite excluded him out of the camp for a time , ( not tabernacle or temple ) and so by necessary consequence from the house wherein he was to eat the passeover , &c. and by like reason it debarred him from all other ordinances . answ. the text num. , . tells us the unclean were kept back ; but by whom they were kept back , it tells not . that it was neither left free to the unclean person to eat of the passeover , nor to the family to admit him , but that there was an authoritative restraint , i prove by this argument . he that was uncleane and before his cleasing did eat of the flesh of the peace-offerings was cut off from among his people lev. . . , therefore he that in his uncleannesse , did eat the passeover , was to be cut off also . no man will say that there was any lesse punishment intended for the pollution of the passeover , than for the pollution of peace-offerings . and if the uncleane were not permitted , under the law , to eat of the flesh of the sacrifices , or if they did they were cut off ; shall not as great care be had to keep the body of jesus christ ( which was signified by the flesh of the sacrifices ) and the bloud of the covenant , from being trod under foot by dogges and swine ? . neither is there any such reason in that text num. . as the excluding quite out of the camp , those who were uncleane by a dead body , and so by consequence from the passeover . nay the text rather intimateth , that they were in the camp ; for they came before moses and aaron on that day , when the passeover was kept , and said , we are defiled by the dead body of a man , wherefore are we kept back . vers . . . i hope moses and aaron were not without the camp . i knew the lepers and some other uncleane persons were put out of the camp ; but there is not one of the texts cited by him which gives the least shadow of reason to prove that the uncleane by the dead body of a man were quite excluded out of the camp , except num. . . and if he will beleive the hebrew doctors , and others upon that place , there were three camps , the camp of israel , the camp of the levites , and the camp of divine majesty ; f the uncleane by the dead were free ( say they ) to be in the first two camps , and were onely excluded from the third . however , it s agreed , that some uncleane persons were excluded from the sanctuary , who were not excluded from the camp of the chidren of israel , as is observed by tostatus in lev. . quaest. . menochius in num. . . the english annotations on num. . . and others . and if master prynne can prove , that those uncleane persons who were excluded from the sanctuary , were not excluded from the passeover , let him try it . that this thing may be yet better understood , let us observe with tostatus in levit. . quest. . a threefold separation of the uncleane under the law : some were separate onely from the sanctuary and the holy things ; for he that had but touched a man or a woman , who had an issue , or had touched the bed , clothes , or any thing else , which had been under him or her , was not permitted to come unto the tabernacle , till he was cleansed lev. . others were separated both from the holy things , and from the company or society of their neighbours , yet not cast out of the camp : for this he gives the case of women having an issue of blood , who were put apart seven dayes lev. . and for the same space a woman after the birth of a male child , was uncleane , so farre as to be kept apart from human society , but she did continue uncleane three and thirty dayes longer , as to the sanctuary and hallowed things , during which space of the three and thirty dayes , she was not separated from company and society , as in the first seven dayes , onely she was forbidden to touch any hallowed thing , or to come into the sanctuary . there was a third sort separated not onely from the sanctuary , and from humane society , but also cast out of the camp , which was the case of lepers . i conclude , all uncleane persons whatsoever were excluded from the tabernacle lev. . . and from eating of the flesh of the sacrifices lev. . . . neither might any of the sonnes of aaron having his uncleannesse upon him eat of the holy things , though it was his food lev. . v. . to . in which places cutting off is appointed to be the punishment , not for unclean persons their being in the camp , but for their coming to the tabernacle , or for their eating of the holy things ; and accordingly it is said chro. . . that ichojada set the porters at the gates of the house of the lord , that none which was uncleane in any thing should enter in . but we never read that none which was uncleane in any thing , was permitted to enter in at the gates of ierusalem , or to converse among the people . whereas master prynne thinkes that uncleane persons were excluded from all ordinances , as well as from the passeover , first , what saith he to that which erastus holdeth and ( as he thinkes ) grounded upon scripture , namely that all uncleane persons as well as others , were admitted to the feast of expiation ? next , what saith he to that which is observed by master selden and divers others , namely , that some uncleane persons might come not onely to the mountaine of the house of the lord , but might also enter into the intermurale ? into that utmost court the heathens might come and pray ; & so might the israelites that were not legally cleane saith g arias montanus . the fourth and fifth answers which m r. prynne gives that there is no such warrant for keeping back scandalous persons from the lords table , as there was for keeping back the uncleane from the passeover ; and that suspension for legall uncleannesse : proves not suspension for morall uncleannesse , these i say doe but petere principium , and therefore to be passedover , because he takes for granted what is in controversie . i shall therefore proceed to that which he addeth in the next place , in answer to an argument of mine in my controversall fast sermon , ( as he miscalleth it ) the argument as i did propound it , was this . those scandalous sinners that were not admitted to offer a trespasse offering ( which was reconciling ordinance ) without confession of sinne , and declaration of their repentance for the same , were much lesse admitted to the passeover ( which was a sealing ordinance ) without confession of known and scandalous sins , if they had committed any such . but circumcised persons , if they were scandalous sinners , were not admitted to offer a trespasse offering ( which was a reconciling ordinance ) without confession of sinne and declaration of their repentance for the same lev. . . . ergo m r prynne answereth pag. . it s a meer non-sequitur . . because contradicted ( as he thinks ) by cor. . which is a contrarious argument , and i shall answer it in the proper place . . he saith that examination of the conscience , repentance , and confession , are no where required of such as did eate the passeover , it being onely a commemoration of gods mercy in passing over the israelites first borne , when he slew the egyptians : but there being no remission without confession , it was necessary that those who came to offer a trespasse-offering for some particular sinnes , should confesse those very sinnes , yet not to the priest , but to god alone . answ. . if examination of the conscience , repentance , and confession , were not required in those that did eate the passeover , and if there might be a worthy eating of it without this ( as he plainly intimateth when he saith that this is no where required in scripture , of such as did eat the passeover , though all circumstances and necessaries for the worthy eating of it , he most punctually enumerated ) and if the passeover was but onely a commemoration of gods infinite mercy in passing over the israelites first borne , as he saith , ( which was but a temporall mercy ) then he must needs say , either that in the sacrament of the passeover , or confirmation of faith , increase of grace , nor spirituall mercy was given , or that in that sacrament this grace ( yea , by his principles , conversion and regeneration it selfe ) was conferred ex opere operato . and he must either say the like of the lords supper , or otherwise hold that the sacraments of the new testament differ from those of the old , specifically ; and that the passeover did not seale the same covenant of grace for the substance , which is now sealed by the lords supper . what was the meaning of the bitter herbs , with which the passeover was commanded to be eaten ? were not the people of god thereby taught the necessity of repentance in that very action ? and what means it that at hezekiahs passeover , the people are called to turne againe unto the lord , chron. . . that the priests and the levites were ashamed and sanctified themselves , vers . . & offered peace-offerings made confession to the lord god of their fathers , vers . . where i understand confession of sinne , according to the law , which appointed confession of sinne to be made with the peace offerings , which confession was signified by laying hands upon the head of the offering lev. . . . . compared with lev. . . and so we find repentance joyned with peace offerings . iudg. . . finally read we not of the peoples preparing of their heart to seeke god at the passeover chro. . . which as it could not be without repentance and examination of their consciences , so hezekiah mentioneth it , as that without which the peoples eating of the passeover , could not have been in any wise accepted . . that it was not a private confession to god alone , but a publike penitentiall confession in the temple , and before the priests , i have before chap. . made it to appear both out of the text , and out of philo the iew. this i adde here . the confession of the sin was made in the place of offering the trespasse offering , before the priest , at the laying on of hands between the horns of the beast , therefore it was not made in secret to god onely : which doth further appear , by the ●awes concerning such and such sacrifices , for such and such sinnes , lev. . and by the restitution which was also joyned with the confession num. . . and it is also cleare from the jewish h canones paenitentiae cap. . & . where we find confession of ●inne to be made both by word of mouth , and publikely before the congregation . . in stead of making my argument a non-sequitur , he makes it a clarè-sequitur : for the first part of it not being taken off , but rather granted by him , because ( as he saith truly ) without confession of sin there is no remission of it , hence the other part must needs follow : for if it was in vaine so much as to sue for pardon in a reconciling ordinance , when the sinne was not confessed ; how much more had it been a taking in vaine of the name of god , & a prophaning of a sealing ordinance , to seale up pardon to a scandalous sinner , who had not so much as confessed his scandalous sin , but continued in manifest impetency ? but we will trie whether his third and last answer can relieve him . it is this : that every particular communicant before he comes to receive the sacrament , makes a publike confession of his sinnes to god with the rest of the congregation , and in words at least , voweth newnesse of life for the future , there being no communicant that ever i heard of ( saith he ) so desperatly wicked and atheisticall , as not to professe heartily sorrow for all his forepast sinnes , or to avow impenitent continuance in them when he came to the lords table . behold , what a latitude ? if the vilest sinner practically persevering in a scandalous sinne , shall but joyne with , and not gainsay the publique confession of the whole congregation ( wherein the best men doe and ought to joyne ) and in words promise newnesse of life ( and who will not promise to endeavour to live better ? ) nay if he have but so much wit , as not to professe or avow impenitency : then m r. prynne alloweth his admission to the sacrament . but is this the confession that my argument did prove ? nothing like it . it was a particular confession of such a sinne by name , levit. . . and it shall he when he shall be guilty in one of these things , that he shall confesse that he hath sinned in that thing : and with the confession there was a reall amendment . for instance , a recompencing of the trespasse with the principall , and the addition of a fifth part , when the case did so require , num. . . then they shall confesse their sinne which they have done , and he shall recompence his trespasse , &c. this is that my argument did drive at , and it still stands in force to conclude that the confession of the particular sinne which hath given publique scandall , i together with the forsaking of it externally and in practice , is so necessary , that without these the admission of a scandalous sinner is a most horrible prophanation of the sacrament . but now finding the argument concerning the passeover and legall uncleannesse to have been more fully prosecuted by erastus than it is by m r. prynne , i doe resolve to trace it hard at the heeles whithersoever it goeth . chap. xi . a confutation of the strongest arguments of erastus , namely , those drawn from the law of moses . among erastus k his arguments against excommunication , three of them , namely , the first , the seventh , and the sixteenth , are all one for the substance , the strength of them lying in this supposition , that the scripture doth not restraine , nor keep off any from the sacrifices nor any other sacraments ( as he speaketh ) of the old testament , because of a wicked or scandalous conversation : but contrariwise commandeth that all the males both jewes and forreiners , being circumcised , and not being legally uncleane , nor in a journey , should compear thrice in the yeere before the lord at ierusalem , to keepe the three solemn feasts , of the passeover , weeks , and tabernacles . now ( saith he ) christ hath not in this thing destroyed nor altered the law of moses , nor hath he made the rule straiter now then it was then : but as then all circumcised , so now all baptized persons must be acknowledged for church members , having a right to partake of church priviledges : and as then there was no discipline or punishment for the flagitious and wicked , except by the hand of the magistrate ; so ought it to be in like manner in the christian church . this argument he trusteth very much unto . and because it is the common opinion , that the excluding and separating of the uncleane under the law , did signifie the excluding of scandalous sinners from communion with the church , he spendeth l a long chapter against that opinion , and laboureth to make it appeare that the legall uncleannesse did signifie the corruption of our nature and unbeliefe ; that exclusion from the temple did signifie exclusion from the heavenly paradice ; and that the cleansing and reception into the temple , did tipyfie the cleansing of our souls , and the turning of us to god by the blood of jesus christ. now here i shall make such animadversions , as shall not onely enervate the strength which these arguments may seem to have against church censures : but also afford some strong reasonings against erastus , from those very grounds rightly apprehended , from which ( upon misapprehensions ) he disputeth against the excluding of scandalous sinners . first , it is certaine that for divers sinnes against the morall law , the sinners were appointed not onely to bring their trespasse-offerings , but to confesse the sinne which they had committed , and to declare their repentance for the same , and till this was done , the trespasse-offering was not accepted . let us but have the like , that is a confession of the sinne , and declaration of repentance , and then men shall not be excluded for scandals formerly given . m erastus himselfe acknowledgeth that in this point of the confession of sinne , the analogy must hold betwixt the old and new testament ; onely he pleadeth , that the very act , the very desiring of the sacrament of the lords supper , is really a confession that he is a sinner who desireth it : and that , much more , it may suffice , if sinners being asked by the minister , confesse themselves to be sinners , and that they have not perfectly kept the commandements of god. but all this , say i , can not satisfie the argument drawn from that confession of sinne under the law. for , . it was not a confession ipso facto , by the bringing of the trespasse-offerings , but by word of mouth , and n thus it hath been expounded by the hebrew doctors . the owners of siune and trespasse-offerings , when they bring their oblations for their ignorant or for their presumptuous sinnes , atonement is not made for them by their oblation , untill they have made repentance , and confession by word of mouth . . it was not a generall confession that one is a sinner , and hath not perfectly kept the commandements of god , ( for who did ever refuse to make such a confession , that were in their right wits ? that limitation is as good as nothing , when we speake of the suspending of any from the lords table . ) but it was a confession of the particular individuall sinne , which had been committed , levit. . . and it shall be when he shall be guilty in one of these things , that he shall confesse that he hath sinned in that thing . marke , in that thing . num. . . then they shall confesse their sinne which they have done . o which law is to be understood of all like sinnes and trespasses , that is , that other sinnes which were expiated by sacrifice , were first to be confessed . all this maketh against erastus . next , whereas he saith p that this confession or declaration of repentance for sinne , in the old testament , had place onely in those sinnes for which the law appointed no particular punishments : and that there was no confession imposed where the magistrate was to punish the crime : this with a great deale of boldnesse and considence ( as his manner is ) he doth maintaine : intending thereby ( it seems ) to exempt from all manner of church-discipline whatsoever is punishable by the civill magistrate , as adultery , perjury , and the like . but that which he affirmeth so strongly , is manifestly contrary to the expresse law , levit. . from vers . . to vers . . where wilfull lying , and perjury , robbing and violence , fraud and couzenage , all these were to be confessed and expiated by sacrifice ; notwithstanding that they were also to be severely punished by the civill magistrate . nay , in that very place it is commanded that what had been violently taken away , or deceitfully gotten , or fraudulently detained , should be restored , and moreover a fifth part added thereto , for a mulct , yet this did not exempt the sinner from making confession . so num. . , , . for one and the same offence the law enjoyneth both that confession be made and expiation ; and moreover that recompence be made to the party injured or to his kinsman . yea the law , num. . , . speaketh universally ; when a man or woman shall commit any sinne that men commit , &c. then they shall confesse their sinne which they have done . which made the hebrews extend this law to criminall and capitall cases , as m r. ainsworth upon the place noteth out of these words of maimony . likewise , all condemned to death by the magistrates , or condemned to stripes ; no atonement is made for them by their death , or by their stripes , untill they have repented and confessed . and so he that hurteth his neighbour , or doth him dammage , though he payeth him what ever he oweth him , atonement is not made for him till he confesse . therfore erastus is still a double loser in arguing from the law of moses . it proves not what he would , and it doth prove what he would not . thirdly , men were kept from the sanctuary of the lord , not onely for ceremoniall , but for morall uncleannesse , i meane for publique and scandalous sinnes against the morall law. ezech. . , . god was offended when such proselytes were brought into his sanctuary , as were either uncircumcised in flesh , or uncircumcised in heart ; that is , whose practise or conversation did declare them to be uncircumcised in heart : else the lord would not have challenged those who brought such proselytes into his sanctuary , if their uncircumcision of heart had not been externally manifested , so that it might be perceived by his people ; according to that psalm . . the transgression of the wicked saith within my heart , that there is no feare of god before his eyes . to the same purpose we read ezra . . not that all proselytes , nor all uncircumcised , but onely all such as had seperate themselves from the filthinesse of the heathen of the land , to seeke the lord god of israel , did eate of the passeover . moreover we may argue by a necessary consequence from scripture . the ceremoniall uncleannesse was a cause of exclusion from the sanctuary , and from the holy things . therefore much more morall uncleannesse . it was more sinfull in its selfe , and more abominable in gods sight for those who did steale , murder , commit adultery , sweare falsely , and burne incense to baal , to come and tread in the courts of the house of the lord , and to offer sacrisices there , as if gods house had been a denne of robbers , isa. . , , , . ierem. . , , . this i say was more abominable to god then if he that had touched a dead body , or had come into the tent where a man died , should have come unto the tabernacle in his legall uncleannesse . therefore when christ casteth out the buyers and sellers out of the temple , it is not for ceremoniall but morall uncleannesse , and he applieth to them the words of ieremiah , ye have made it a denne of theeves , matth. . . with ierem. . . and as it was more sinfull to the person , and more hatefull to god , so it was more hurtfull to the soules of others , who were in greater danger of infection from the morall , then from the ceremoniall uncleannesse . this q erastus denieth indeed , but his expression is unsavoury and unholy , which i am ashamed to repeat . sure the apostle speaketh farre othewise heb. . , . lest any root of bitternesse sp●…inging up trouble you , and thereby many be defiled ; lest there be any fornicator , or prophane person , as esan . a prophane or scandalous person defileth , you see , many others : and sinne was of a defiling nature under the old testament , as well as under the new . i meane a root of bitternesse not plucked up , a prophane person not censured , doth defile others , as well as himselfe . both peter and iude have told us , that scandalous persons are spots and blemishes in the communion of saints , pet. . . iude vers . . so that as erastus granteth , that one legally uncleane could make others legally uncleane among whom he came , and therefore was kept off from fellowship and company with the congregation of gods people : it must likewise be granted , that scandalous persons are to be suspended from the sacred communion of the christian church , because if they should be admitted , the church should be thereby sinfully defiled . for if the saying god speed to a false teacher make us partakers of his evill deeds iohn . how much more doth the admitting of such or the like scandalous sinners to the lords table make ( i say not all who communicate then and there , but ) all who consent to their admission , to be partakers of their evill deeds . fourthly , whereas r erastus holdeth that the exclusion of the uncleane under the law , did onely typyfie something which is to come to passe in the life to come , that is , the shutting forth of sinners from the heavenly paradice , if they be not washed from their silthynesse by the blood of jesus christ : and therefore ought not to be unto us any argument for the exclusion of scandalous sinners . i answer , if the shutting out from heaven was the onely thing signified , and if there be a fit analogy or proportion between the type and the thing typified , then . one may be in heaven and cast out againe , and in and out againe , as under the law one might be many times admitted to the temple and shut out againe . . it would also follow , that there is some other exclusion greater then the exclusion from heaven , as under the law there was a greater exclusion than the exclusion from the sanctuary , and that was to be cast out from the company and conversation of gods people : s for though every uncleannesse which did exclude one from the company of the israelites , did also exclude him from the sanctuary ; yet every uncleannesse which did exclude one from the sanctuary , did not exclude him from the company of the israelites . even as now among us , suspension from the lords table is not the greatest and worst exclusion , but there is another greater then that . thus you see erastus could not make his type agree with his antitype . whence it doth further appeare that the exclusion of the uncleane under the law , did teach and hold forth somewhat in a politicall sence , touching the communion and fellowship of the church in this life . whatsoever it might signifie more , i will not now dispute , but this it did signifie . and this i shall so farre make good , that i shall at once both answer erastus , and propound a strong argument for the keeping off from the holy things those that are morally aud scandalously encleane . first , let it be remembered that i have proved already from heb. . , . pet. . . iude vers . . that the people of god are defiled by communion and fellowship with scandalous sinners . in the second place consider that prophecy , isa. . . put on thy beautifull garments , o jesusalem , the holy city : for henceforth there shall no more come into thee the uncircumcised aud the uncleane . that whole chapter is a prophecy concerning the condition of the church in the new testament , as is evident by six parallels at least . vers. . with rom. . . vers. . with rom. . . vers. . with luke . . the beginning of vers. . with revel . . . the following part of vers. . with cor. . . vers. . with rom. . . neither is it the church invisible , but the church visible , for vers. . is applied to the calling of the gentiles rom. . . and vers. . to the churches open separation from babylon , revel . . . it is also the church ministeriall vers. , , . how beautifull upon the mountaines are the feet of him that bringeth good tidings , &c. thy watchmen shall lift up the voyce , &c. be ye cleane that beare the vessels of the lord. it remaines to consider what is meant by the uncleane , vers. . it cannot be meant of legall uncleannesse ( the ceremoniall law being abolished ) nor of the hid uncleannesse of close hypocrites ( for in that sence it is onely the priviledge of the church triumphant , that no uncleane thing , nor no hypocrite shall enter there . ) it must therefore be meant of such as are visibly or scandalously uncleane . and when it is said , there shall no more come into thee the uncircumcised , and the uncleane , it must be understood respective , the uncircumcised , signifying such as are not fit to be at all church-members : the uncleane signifying such as are not fit to have communion in the holy things : for so these two were distinguished under the law. thirdly , there is another place which ( to me ) puts it out of controversie , cor. : , , , . where the apostle exhorteth believers to avoyd all intime conversation or fellowship with unbelievers , by marrying with them , by going to the idoll temples , or the like ; he concludeth with a manifest allusion to the legall ceremony , be ye separate , and touch not the uncleane thing , or the uncleane things as the syriacke hath it . and what agreement hath the temple of god with idols , vers. . where the syriack readeth thus : and what agreement hath the temple of god with the temple of divels ? remember , would the apostle say , that as under the law , the touching or eating of uncleane things made those that touched them , or did eate of them to be uncleane ; so doth your fellowship with unbelievers , or your eating in their idoll temples defile you . and as then those that had touched any unclean thing were not received into the sanctuary , so i will not receive you into fellowship with me and my people , saith the lord , except you be separate from the sonnes of belial . therefore touch not the uncleane thing , and i will receive you : which is not spoken of receiving us into heaven , but of receiving us into the tabernacle of god in this life , as is manifest by levit. . , . the place cited by the apostle in the words immediately preceding . and i will set my tabernacle among you , and my soule shall not abhorre you . and i will walke among you , and will be your god , and ye shall be my people . and in this manner , god saith he will not receive us , except we avoid fellowship with the workers of iniquity , especially in holy things . i shall adde fourthly , for further cleering of this point in hand , peters vision , and the interpretation thereof act . & . a passage cited by erastus pag. , . while he is proving , that the thing signified by the legall uncleannesse , was onely the corruption and infidelity of nature which excludeth a sinner from heaven . the place is so farre from proving what he would , that it proveth the contrary ; for it speaketh plainly of that uncleannesse which excludeth men from fellow-ship with the saints in this life ; from companying together , from eating together . and when peter expoundeth the vision , he saith , ye know how that it is an unlawfull thing for a man that is a jew to keep company , or to come unto one of another nation : but god hath shewed me that i should not call any man common or unclean , meaning for being a gentile and not a iew. act. . . you see , the not eating nor touching of unclean beasts , birds , and creeping things ( such as peter saw in the vision ) was understood by the people of god , as forbidding their association or fellowship in this world with heathens , or irreligious persons , and such as walked not according to the law. and in this sence the law was understood , not onely by peter , but generally by the jews act. . . gal. . . nay fifthly , the legall uncleannesse , in the sence of the jewes , did signifie not onely such things as did exclude others from fellow-ship with them , but such as did exclude the jewes themselves from the holy things . therefore it is said io. . . they themselves went not into the judgement hall , lest they should be defiled : but that they might eat the passeover : intimating that if they had gone into the house of an uncircumcised man , or had upon such a day gone into the judgement hall about a litigious action , they had been unclean , and so might not eat the passeover . whether it were the coming into the house of pilate , he being a man uncircumcised ; or t whether it were ( which i rather think ) a litigious action upon a holy-day , which might have defiled them : this is plaine , that they thought there was a morall uncleannesse ( signified by the ceremoniall uncleanesse ) which might keep men from the passeover . the fifth animadversion shall be this : whereas erastus holdeth pag. . that under the law every one was judged cleane or uncleane , according to his owne judgement and conscience , aud not according to the priests , the lepers onely excepted ; also that when a man had committed any sinne , it was in the free will of the sinner to expiate his sinne when he pleased , and he was no way compelled to it . i answer , if every uncleane person except the leper was allowed to judge and pronounce himself cleane when he pleased , then to what purpose did u that law serve lev. . . . or that whoever was uncleane and had not purified himself , was not to be admitted to come into the tabernacle , and if he presumed to come , he was to be cut off from the congregation num. ? by erastus his principles no man should have been cut off , if he had pleaded himself not to be uncleane ; and how many would doe so , if that could save them from being cut off ? is it not also plaine from levit. . . . . that both men and women who were uncleane by their issues , ( not by leprosie ) were to bring an offering to the priest for their cleansing , otherwise were not to be accounted cleane , but lookt upon as defilers of the tabernacle in their uncleannesse , whatever they might thinke of themselves . so women that were unclean after child-birth , had not power to pronounce themselves cleane , and were not free to come to the sanctuary when they pleased , but they were first to bring a sinne offering , and the priest was to make atonement for them lev. . . . . there was a certaine number of dayes appointed for the cleansing , both of women after child-birth , and of men who had an issue , yea , when the dayes of the cleansing were full-filled , they were not free to come unto the tabernacle , except they brought their offering for atonement . lev. . . . & . v. . . . philo the jew de vita mosis lib. . pag. . tells us there was a certaine definit time , till the expiring whereof , those that were uncleane by a dead body , were excluded from the temple . iosephus antiq . iud. lib. . cap. . records the like , not onely of lepers , but of those that had an issue , or were defiled by the dead , that till the set time was fulfilled , all these were kept back from the congregration . the other thing which erastus saith , that it was left free to the sinner to expiate his sinne when he pleased , doth no better agree with the word . for it was commanded that upon the very knowledge of the sinne , the trespasse offering should be brought , and the sinne confessed levit. . . . & . . . . sixthly , whereas erastus pag. . urgeth the universall law , by which all are commanded to keep the passeover except the uncleane , and those in a journey , therefore all others ( how flagitious or scandalous soever in their lives ) were bound to keep it ; i answer . who knows not , that many universalls in scripture are to be restricted , and not to be understood as the words at first sound ? as io. . . every man at the beginning doth set forth good wine , that is every master of a feast luk. . . doth not each one of you on the sabbath lose his oxe or his asse ; that is each one that hath an oxe or an asse ; io. . . all that ever came before me were theeves and robbers , meaning whoever before him did make himself the true doore , by which the sheep must enter in . so ioel. . . i will poure out my spirit upon all flesh , yet not upon all and every one , but upon those onely whom he receiveth in covenant . rev. . . and all that dwell upon the earth shall worship him ( the beast ) whose names are not written in the booke of life ; yet there have been many reprobates who neither worshipped the pope nor knew him : but it is meant of all under the power of the beast . so when all are commanded to keep the passeover , it must be understood of all sit persons , and such as were not to be excepted . you will say the law excepteth none , but the unclean , and those in a journey , therefore all others not excepted were to keep it ; for where an exception is made from an universall rule , that rule is the more sure and certaine concerning all other particulars not excepted . to that i answer , erastus himself addeth another exception , and that is , of the sick who could not be present . the hebrewes make divers other exceptions , for they say , women and servants are not bound to appear : but all men are bound except the deaf , and the dumb , and the foole , and the little-child and the blinde , and the lame , and the defiled , and the uncircumcised ; and the old man , and the sick , and the tender and weake which are not able to goe up on their feet . all these eleven are discharged &c. see ainsworth on exo. . . and compare this with maimonides de idolol . ch●o . . sect. . where he that hearkens to sooth-sayers , wizards , charmers , and the like , is said to be reckoned among fooles and children whose reason is imperfect . therefore these were to be excepted as well as fools and children , and so were other scandalous persons , which i shall prove anon . a seventh animadversion shall be this . erastus in these arguments of his from the law , doth confound sacraments with sacrifices ( as i touched in the beginning ) yea , x he argueth expressely , that whoever were admitted to expiate their sinne by sacrifices , were thereby admitted to sacraments , because ( saith he ) all these sacrifices were true sacraments . so he speaketh in other places , that he might seeme to dispute the more appositely for promiscuous admission to the sacrament of the lord supper . y but sacrifices and sacraments are as different as giving and receiving . in sacrifices man is the giver , god is the receiver . in sacraments god is the giver , man is the receiver . in sacrifices peace is made with god. in sacraments it is sealed and supposed to be made . they therefore that hold the passeover was a sacrifice ( an opinion partly grounded on deut. . . and partly taken from the jewes dispersed , who though they observe divers paschall rites , yet they doe not kill the paschall lambe , nor keep the passeover according to the law , it being to them unlawfull to offer sacrifices , except in the land of canaan ) have the shorter evasion from erastus his argument touching the admission to the passeover . but i have given other answers . and this much shall suffice for answer to the erastian arguments drawn from the law of moses , which some suppose to be the strongest . chap. xii . fourteen arguments , to prove that scandalous and presumptuous offenders against the morall law ( though circumcised and not being legally uncleane ) were excluded from the passeover . there is so much weight laid , both by erastus himself , and by master prynne , upon the universall law commanding all that were circumcised to eat the passeover , except such as were legally uncleane , or were in a journey : that i am resolved , once for all , to demonstrate against them , that men were excluded from the passeover , for scandalous and enormous trespasses against the morall law , as well as for legall uncleannesse . peradventure it will seeme to some , that i undertake to prove a paradox , and to walke in an untrodden or obscure path. yet my arguments are such , as i trust shall weigh much with intelligent men . the first argument shall be this . ( which is hinted by ursinus and pareus explic. catechit . quest. . art . . ) whosoever by gods appointment were excluded from the priviledges of church members , and not to be reckoned among the congregation of israel , those were by gods appointment excluded from the passeover . but whosoever committed any scandalous sinne presumptuously , or with an high hand , were by gods appointment excluded from the priviledges of church members and not to be reckoned among the congregation of israel . ergo. the proposition hath this manifest reason for it . those all who were commanded to eat the passeover , cannot be understood to be of a larger extent then the church of israel : those therefore who were not to be acknowledged or used as church-members , were by gods appointment excluded from the passeover . the assumption is proved from numb . . . but the soule that doth ought presumptuously ( whether he be born in the land , or a stranger ) the same reproacheth the lord , and that soule shall be cut off from among his people , because he hath despised the word of the lord , and hath broken his commandement , that soule shall utterly be cut off : his iniquity shall be upon him . the presumption here spoken of , is not onely the presumption of heart ( saith cajetan ) of which god onely is judge , but a presumption manifested in word or work , which he conceives to be intimated by the hebrew phrase , with an high hand . grotius understands one that either denyes that there is a god , or that the law was given by god , or after admonition goeth on in his trespasse . but sure he mistakes the punishment , which he understands to be extrajudiciall , and that he who finds one thus sinning presumptuously , may kill him ex jure zelotarum , as phinehes did kill zi●…i and cosbi . i have spoken before of the cutting off , which i will not here resume . onely this , such presumptuous and contumacious sinners were not to be reckoned among the people of god , nor to enjoy the priviledge of church members , therefore not admitted to the passeover . secondly , iosephus de bello iud. lib. . cap. . speaking of such as were permitted to eat the passeover , in the time of cestius , doth thus designe them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , being all of them pure and holy , not onely pure from legall uncleannesse , but such as were also esteemed holy . but moreover , it is clear from io. . , they themselves ( the jewes ) went not into the judgement hall lest they should be defiled : but that they might eat the passeover : that the jewes did so understand the law , that morall as well as ceremoniall uncleannesse , did render them uncapable of the passeover : for they had no such ceremoniall law , that they who come into the judgement hall , should be legally or ceremonially uncleane : yet this had disabled them from eating the passeover : for they held litigious or forensicall actions unlawfull upon a holy day as capellus , and casaubon ( above cited ) doe prove . such a finfull and scandalous act had kept them back from the passeover . thirdly , if we consult the chaldee paraphrase upon exod. . . it saith thus . every sonne of israel , who is an apostate , shall not eat of it . and upon the same place master ainsworth proves out of maimonides that no apostate nor idolater was permitted to eat of the passeover . yea , some israelites who were not apostates , nor idolaters , were for a seandalous action excluded from civill , how much more from ecclesiasticall fellow-ship ? see maimon ; of idolatry cap. . sect. . with an israelite , who hath made defection to the worship of idolls , it is forbidden to have traffique or commerce either in his going or returning : with another israelite going to the markets and faires of heathens , we are onely forbidden to have commerce in his returning . if it was unlawfull to them , so much as to have civill commerce with an israelite coming from the markets of heathens ( fearing lest he had sold some what which was dedicate to idolatry , as the reason is there given ) although he was no apostate nor idolater : it is not easily ●imaginable , that such a one was freely admitted to the passeover . fourthly , an israelite though circumcised , and not legally uncleane , yet if he either turned idolater , or an heretick , or an epicurean , was no longer acknowledged to be in church-fellowship or communion , therefore rendred uncapable of the passeover . is. abrabanel in his book de capite fidei , as he sheweth whom they esteemed apostats or hereticks cap. . so he also intimateth that such were excluded from the communion of their law cap. . dub . . none being acknowledged to be in the communion of israel , who did not beleeve the articles of faith professed in the jewish church cap. . yea , he tells us cap. . ( which the talmud it self saith ●…it . sanhedrin . cap. . sect. . ) that hereticall or epicurean israelites were lookt upon as excluded from having portion in the world to come . and as doctor buxtorf sheweth out of their owne writers , they esteemed an hereticall israelite to be so abominable , that they did straight and without delay excommunicate him . lexic . chald. talm. & rabbin . pag. . how is it then imaginable that they admitted such a one to eat the passeover ? let us heare r. moses maimonides himself de idololatria cap. . sect. . an idolatrous israelite is as an heathen in all things which he doth &c. so also israelites who are epicures are not esteemed to be israelites in any action of theirs &c. now they are epicures who aske counsell from the thoughts of their own mind , being ignorant of those things we have spoken of , untill having transgressed the chief heads of the law , they offend by contumacy and presumption , and say there is no sinne in this thing . but it is forbidden to speake with them or to answer them ; for it is said , come not neer the door of her house prov. . . therefore the whorish woman that solomon speakes of , was ( in the opinion of maimonides ) such a one as was not to be esteemed as an israelite , nay nor such as was to be spoken with , much lesse to be admitted to the passeover . yea , maimonides de idal . cap. . sect. . saith yet more . but those israelites which forsake their religion , or become epicures we are bidden kill them and persecute them even unto hell . how could they then admit to the passeover those whom they thought themselves obliged to persecute even unto hell ? fifthly , those arguments which prove an exclusion of known prophane persons from the temple , will also prove an exclusion of known prophane persons from the passeover : for none might eat of the passeover , who might not also come into the temple . that scandalous prophane persons might not come into the temple , hath been proved already . sixthly , i argue from the lesser to the greater . if men were to be kept back for legall uncleannesse , much more for morall uncleannesse , this being more hatefull to god and more hurtfull to men then the other . this just consequence grotius annot . in luk. . . doth admit . if by the law saith he , one that was leprous or had a filthy scab , was separated from mens company , lest he should infect others , it was no ill consequence . that ( if no heavier thing ) this at least should be imposed on flagitious & wicked persons , who did by the contagion of their sinfull example hurt others , & bring a reproach upon the whole congregation from which the congregation could not be made free , but by some publik detestation of that wickednes ▪ thus groti : seventhly , the purging out of leven from the congregation of israel , was a significant teaching ceremony ▪ holding forth this duty , that the church ought to put away wicked persons from among them ; for so doth the apostle expound it . cor. . vers . . . know ye not that a little leaven leaveneth the whole lumpe ? purge out therefore the old leaven . which relateth not onely to the purging of their own hearts , but to the purging of the church , and the putting away of that wicked person , this being the scope of the whole chapter . now the morall signification of that ceremony of purging out the leaven , did concerne the church of israel as well as the christian church ; even as the divers washings under the law did teach and hold forth the duty of sanctification and purity to the people of god at that time , as well as typifie the sanctification of the christian church . eighthly , though the hallowed bread might in case of necessity be lawfully given to david and his men , ( the ceremonials of the first table yeelding to the substantials of the second ) yet abimelech the priest would not adventure to give it , till he understood that the young men had then kept themselves at least from women , sam. . , , . this being a part of that sanctification which was required in those who did partake of holy things , not onely among the hebrews , but among other nations , as hugo grotius noteth upon the place , and upon exod. . . now the shew-bread , or the twelve loaves which did shew or present the people to god , can not be supposed to be holier then the paschall lambe which did shew or present christ to the people , and was a sacrament or seale of the covenant of grace . david also and his men in that danger of their lives had as good right to eate the shew-bread , as any israelite could pretend to for his eating the passeover : yea that was a substantiall duty of the second table , which christ himselfe justifieth : this was a ceremoniall duty of the first table , and grounded on a positive law . this therefore doth afford me an argument with manifold advantages . for if the shew-bread might not be given to david and his men in their extreame necessity , unlesse they had for a certaine space before abstained from the use of their wives , otherwise lawfull : how much lesse might the passeover be given as an holy ordinance ( which did not concern the saving of mens lives in extreame necessity ) to scandalous persons living in known whordome and adultery ? ninthly , i argue from that place , ezech ▪ . . her priests have violated my law and have prophaned mine holy things : they have put no difference between the holy and prophane . will any man say , that they were to put a difference between the holy and prophane in other ordinances , and not in the passeover ? and why not in the passeover , as well as in other ordinances ? if such difference was to be put in the passeover , then how shall one imagine that no man was kept backe from the passeover because of known prophanesse or morall uncleannesse ? for what difference was put between the holy and prophane , when the prophane were received as well as the holy ? m r coleman held that this text reacheth not to the keeping pure of the ordinances by any act of government , but onely that the priests did prophane the holy things in their owne practice , by eating in their uncleannesse , and also in their ministery because they taught not the children of israel to put a difference between the cleane and the uncleane . maledicis pag. . but the text gives not the least ground to restraine this fault of the priests here reproved , either to their personall actions , or to their doctrinall ministery . nay the text will reach to an act of government neglected ; for the word here used to expresse the distinguishing or putting of a difference between the holy and prophane is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is often used in scripture to expresse an act of government or authority , whereby one person is separated or distinguished from another person , or one thing from another thing , as ezra . . then i separated twelve of the chiefe of the priests , &c. ezra . . all his substance should be forfeited , and himselfe separated from the congregation . here it signifieth such a separation , as was a publique censure : why not also ezech. . ? the same word is used in the story of the division of the land by ioshua , iosh. . . and the separate cities for the children of ephraim . it is used also to expresse gods dividing of light from darknesse , genes . . . also his separating of israel from all other nations , levit. . . and whereas m r coleman did take hold of the following words in that place of ezechiel , neither have they shewed difference between the uncleane and the cleane , as being meerly doctrinall . first , ( if it were so ) how will it appeare that these words are exegeticall to the former , and that the putting of difference between the holy and prophane , mentioned in the former words , was onely meant of shewing the difference doctrinally ? or why may we not rather understand , that the priests are charged with neglect of duty both in doctrine and government . secondly , even that latter word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fecerunt scire , the septuagints render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and they use 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as synonymous with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : by all these ( signifying to separate or to divide ) they render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yea the septuagints expresse a forensicall censure or judiciall separation by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as ezra . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so that when they retalne the same word in rendering 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this text of ezekiel , they doe thereby intimate that the latter word will reach a power which was more then doctrinall , as well as the former . which i doe the rather assert , because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is taken by the septuagints ( not seldome ) as agreeing in signification with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de voluntate sua certiorem reddidit , constituit , decrevit : so that it will reach the making of others to know a thing , not onely doctrinally , but by rules , canons , statutes , and government . yea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will reach the teaching or making men to know by censures or punishments inflicted , as iudg. . . gedeon tooke briars and thornes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pagnin , & confregit . and he brake with these the men of succoth . hierome , & contrivit . the septuagints 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 comminui●… . the english translation , and with these be taught ( in the margent made to know ) the men of succoth . for this signification of the word , namely conterere , arias montanus in his hebrew lexicon citeth isa. . . ezech. . . so conteri psalm . . prov. . . upon this last place mercerus tels us that the hebrews doe not onely admit this sence of that text , but in other places also take the same word pro confringi . so that without the least violence to the text in ezekiel it may be thus read ; they have not separated ( or put difference ) between the holy and prophane , neither have they broken ( or divided ) between the uncleane and the cleane . the latter part seemeth to charge the priests with the admission of such as were legally uncleane ; the former part , with the admission of such as were morally uncleane or prophane , to such ordinances as were appointed onely for the holy and cleane . tenthly , heathens or strangers who were not proselytes of the covenant or of righteousnessè , were not permitted to eate of the passeover . now one that is by profession a church member , but living in prophanesse and scandalous wickednesse , ought to be esteemed as an heathen , matth. . . yea as worse than an infidell , tim. . . hence was it that the word heathen was used for an irreligious or wicked man , as is observed by mathias martinius in lexic. philol . pag. . . and as a discriminating name from believers ; so zonaras in cone . carthag . can. . when david speaks of his persecuting wicked enemies , though israelites , he cals them strangers and heathen , psal. . . psal. . . how then can it be supposed , that those who were esteemed as heathens , were admitted to all church priviledges , as well as the best israelites ? eleventhly , that which was among the jewes a sufficient cause to deny circumcision to him who desired to be admitted and received into the jewish church as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ger ben berith , a proselyte , sonne of the covenant , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ger tsedeck , a proselyte of righteousnesse , was also a sufficient cause to deny the passeover to a proselyte who desired to eate it . even as now that for which we may and ought to refuse baptisme to one that desireth it , must needs be also a cause and reason to refuse the lords supper to him that desireth to receive it ; for he that is not fit to be baptized , is much lesse fit to receive the lords supper . but prophanesse or a scandalous conversation was among the jewes a sufficient cause and reason to refuse circumcision . yea as d r buxtorf tels us in lexic . chald. talm. & rabbin . pag. . before the jewes would circumcise or baptize a proselyte ( for after circumcision they did baptize him ) they did first examine him exactly , and prove him narrowly , whether he desired to be a proselyte , from covetousnesse , ambition , feare , the love of an israelitish virgin , or the like sinister end . if upon examination it did appeare that he was not moved by any worldly consideration , but by affection to religion and the glory of god , then they proceeded to set before his eyes the strictnesse of the law , and how strait and narrow a path he must walke in , telling him also of the persecutions and tribulations of israel . if after all this triall they found him stedfast in his desires and resolutions , then they received him , he being first instructed in the articles of their faith , and in the commandements of the law. how much lesse would they have circumcised a scandalous person , being so farre from any hopefull signes of sincerity , that he had the blacke markes of a worker of iniquity ? and if they would not receive such a scandalous flagitious person to circumcision , how could they receive such a one ( being circumcised ) to the passeover ? twelfthly , compare ezra . . with ezra . , . first it is marked ezra . . that such proselytes did eate the passeover with the children of israel , as had separated themselves unto them from the silthinesse of the heathen of the land , to seeke the lord god of israel . if those who did eate were thus qualified , it is not obscurely intimated , that those who were not thus qualified did not eate . and if no proselyte who did not separate himselfe from the filthinesse of the heathen , was allowed to eat the passeover , then muchlesse was an israelite who did not separate himselfe from the silthynesse of the heathen , allowed to eat it . i like well beda his observation upon ezra . , . israel was purged from unlawfull marriages , and the strange wives put away ; and this worke was ended against the beginning of the first moneth , to the intent that none defiled with unlawfull mariages might eate the passeover , ut ante initium mensis primi consummarentur omnes qui prophano erant connubio maculati , id est a tali scelere purgarentur , quatenus ipsum mensem primum in quo erat pascha faciendum , mundi intrarent , mundi paschalia festa peragerent &c. thirteenthly , i argue from the signification of the legall or ceremoniall uncleannesse , and from that which was signified by the exclusion of those that were legally uncleane . without all controversie the keeping backe of such , was a significant ceremony . for all the legall ceremonies concerning cleannesse or uncleannesse were teaching ceremonies , and are therefore called doctrines , matth. . . col. . . what was taught and signified thereby , i have before shewed , namely , that prophane ones be not admitted to fellowship with gods people in their holy things . yea , was not prophannesse and open wickednesse more hatefull to god than legall uncleannesse ? yes saith erastus pag. . because god appointed greater punishments for the former then for the latter : the greater crimes were punished by fire and sword , stoning , hanging ; the smaller by mulcts , and stripes . but yet ( say i ) by his grounds the legall uncleannesse was more hatefull to god than prophanesse and wickednesse , in reference to fellowship in the holy things , ( for that is the point ) he holds that the most flagitious and prophane were commanded of god to eate the passeover , and yet those that were onely iegally uncleane were forbidden : though the scripture say , prov. . . & . . that the sacrifice of the wicked is abomination to the lord , and the oblations of those whose hands were full of blood , his soule hated , and he could not away with them ▪ isa. . , , , . and when they came to his house , he told them , when ye come to appeare before me , who hath requird this at your hands , to tread my courts ? i shall not need to insist here , upon the excluding of bond servants , and those that were bought with money , from the passeover , and the admitting onely of those that were free . which z some of the zurik divines themselves have interpreted to signifie the exclusion of those who are servants of sinne , and of those who seeke onely the things of the earth . but there is one argument more ( it shall be the last ) which doth convince me , that others besides the uncircumcised , and they that were legally uncleane , even those that had scandalously transgressed the morall law , were excluded from the passeover . the ground of my argument is that whereof i have spoken before , the law for confession of sinne and declaration of repentance ; without which the trespasse-offering was not accepted levit. . , . which law is extended to every knowne sinne that was to be expiated by sacrifice , numb . . , . when a man or woman shall commit any sinne that men commit , to doe a trespasse against the lord ( the read , and despising he despise ; to note rebellion or co●macy ) and that person be guilty ( that is be found guilty , or when the sinne shall be known , so the phrase of being guilty is explained , levit. . , . ) then they shall confesse their sinne which they have done . after which followes restitution to the party wronged , and atonement made by the priest. whence i argue thus . if the scandalous persons were not admited to the trespasse offering ( which was a reconciling ordinance ) without confession of their sinne , which was knowne to have been committed by them , much lesse were they admitted to the passeover ( which was a sealing ordinance ) without such confession of their sinne . but scandalous persons were not admitted to the trespasse-offering , ( which was a reconciling ordinance ) without confession of their sinne which was known to have been committed by them . therefore much lesse were they admitted to the passeover , ( which was a sealing ordinance ) without such comession . this argument i did before chap. . vindicate from m r. prynne . i will here further strengthen it , and vindicate it from another exception , which peradventure will be made against it . the proposition is certaine : for some are called to make their peace with god , who can not have any assurance sealed unto them , that their peace is made with god ; but if god will not be reconciled , he will farre lesse seale reconciliation . there is no peace to the wicked saith god , how much lesse can their peace be sealed to them ? the assumption is manifest from the scriptures last cited . and if any shall say that the law , levit. . is meant onely of private sinnes , and those of ignorance , which so soon as they come to knowledge , are to be confessed : i answer . . it s more then can be proved , that onely private sinnes and those of ignorance are there meant of . of this i have spoken elsewhere . but be it so . if some private sinnes , yea sinnes of ignorance were to be publiquely confessed when they were known , how much more were publique and scandalous sins to be publiquely confessed ? . the hebrews understand the law of confession to be extended to all sinnes whatsoever that were expiated by sacrifice , and that before atonement could be made , the sinner must make confession and say , o god i have sinned , and done perversely , i have trespassed before thee , and have done thus and thus : and lo i repent and am ashamed of my doings , and i will never doe this thing againe . . in all sacrifices for atonement or expiation a man laid his hand upon the head of his offering , levit. . . exod. . , , . this laying on of hands was the rite used in confession of sinne , whereby a man did professe that he was worthy to be destroyed for his sinne , and that he laid his sinne upon the beast which was killed in his stead , thereby figuring that upon christ are laid the iniquities of us all . and with the laying on of hands upon the sacrifice , confession of sinne was made by word of mouth ; which as it is the judgement of a interpreters , so it is easily proved from levit. . . and aaron shall lay both his hands upon the head of the live goat , and confesse over him all the iniquities of the children of israel , and all their transgressions in all their sinnes , putting them upon the head of the goat . whereupon i conclude , that any sinne which was expiated by sacrifice , whether a publique or secret offence , was confessed before it was expiated . . the law numb . . . extends confession to any sinne that men commit , as hath been before observed . . philippus gamachaeus a learned doctor of sorbon , comment . in tertiam partem thomae , de paenitentiae sacramento cap. . doth ingenuously acknowledge , that the foresaid law of moses , concering confession of sinne , is no warrant for their private auricular , and sacramentall confession , b because the jewes were not by that law bound to confesse any other sinnes , but sinfull actions or externall transgressions , nor all such , but chiefly the notorious and scandalous sinnes . if he had perceived the least colour of an argument , from that mosaicall law , for the necessity of confessing private sinnes to the priest , surely he had taken hold of it , and had not quit it . chap. xiii . master prynnes argument from cor. . ( which he takes to be unanswerable ) discussed and confuted . master prynne in the . page of his vindication endeavoureth to prove , that spirituall pollution by reason of grosse and scandalous sinnes , did not debaree them that were circumcised from the passeover . as paul ( saith he ) expressely determines cor. . . to . ( an unanswerable text to this purpose ) moreover brethren i would not that ye should be ignorant that : ( the text saith how that ) all our fathers were under the cloud , and all passed through the sea , & were all baptized unto moses in the cloud & in the sea ; and did all eat the same spirituall meat ( to wit the passeover and manna ) and did : all drinke of the same spirituall drinke , for they dranke of the rock that followed them , and that rock was christ. but perhaps all these communicants were visible saints , free from any legall pollution , at least not tainted with any scandalous sinne : the apostle to take off this evasion , subjoynes , in the very next words . but with many of them , god was not well pleased , &c. so that the israelites being once circumcised , were all admitted to eat the passeover , though some of them were idolaters , others lusters after evill things ; others fornicators , others tempters of christ ; others murmurers against god and moses . the same argument he hinteth pag. . to prove the like under the gospell . it 's one of erastus his argments , confirm . thes. pag. . . and as colourable as any other , yet not unanswerable as master prynne holds . for . though he saith the apostle cleerly determines , that those who were tainted with grosse and scandalous sinnes , were admitted to the passeover ; yet i finde nothing of the passeover , neither in the text , nor in the sence of any interpreter which i have looked upon . nay , it did not so much as fall in the thoughts of erastus himself ; for beza having objected to him that he ought to have compared our sacraments with the purely sacred feasts in the old testament rather than with the manna , and with the water of the rock , which were for corporall nourishment ; erastus replyeth nothing concerning the passeover ( which had been his best answer if he had seen any probability for it , ) onely he saith that he compareth our sacraments with the manna and the water of the rock , as the apostle doth before him . . the text it self seemeth rather to determine clearly , that the passeover is not there intended for all the other particulars there mentioned did agree to all the israelites , men , women , and children : all these were under the cloud , and all these passed through the sea , and all these drank of the water of the rock ; and why shall we not understand , that all these did also eat of the same spirituall meat , that is of the manna , not of the passeover , of which women and children under yeares of age did not eat : neither did all the males above yeares eat of it ▪ for the unclean were excluded by the law : those that were in a journey did not eat of it nor the hired servant : the sick saith erastus did not eat of it : the jewes exclude also the dumbe and the deaf . if it be said , that vers . . speaketh onely of the fathers , and that therefore the text is not to be understood of women and children also . i answer , this is as inconsequent , as if one would argue , paul saith men , brethren , and fathers , therefore no women were among that multitude of the people act. . . . . . or thus , the apostle saith brethren pray for us , therefore he desires not beleeving sisters to pray for him . in this same text in hand , the apostle speakes to the whole church of corinth , to make them afraid of gods judgements if they sinne as the israelites did . if he had argued onely from the sinne and judgement of the men , and not also of the women in the wildernesse , the women in corinth had so much the lesse applyed it to themselves . but if i should grant ( which will never be proved ) that by the fathers are understood the men onely , yet it cannot be said that as all the men of israel were baptized in the cloud and sea , and all of them drank of the same spirituall drink which came out of the rock , so all of them did eat the passeover ▪ for even of the males divers were excluded from the passeover , as the unclean , the hired servant , the child , the sick , &c. so that this would make the apostles argumentation running upon a five-fold all to hang ill together . i had not insisted at all upon this , but to shew the weak grounds of m r. prynnes strong confidence . . if this argument of his hold good , he must grant by analogy that all baptized persons must be admitted to the lords table , though they be idolaters , fornicators , &c. which as it is contrary to the ordinance of parliament , so to his own professed tenents , for he professeth otherwhere , he is not for the admission of scandalous persons to the sacrament , and that he would have them in case of obstinacy , not onely suspended from the sacrament , but excommunicated from all other ordinances , till publike satisfaction given for the scandall , and till externall symptomes of repentance appear . so the antidote animadverted tells us and his owne vindication pag. . if this be his minde , then it is incumbent to him to loose his owne knot , all circumcised persons though tainted with grosse scandalous sinnes , as idolatry , and fornication , were admitted to the passeover , and so it ought to be under the gospell . if he say that those scandalous sinners in the wildernesse had not been admonished , were not obstinate , or that they professed repentance , and promised amendment , and did not in the meane while persevere in their wickednesse , but satisfied for the scandall : first how proves he that ? next , in so saying he will answer for us as well as for himself , and his argument ( if all granted ) cannot prove that such scandalous sinners as have manifest symptoms of impenitency , or doe not confesse and forsake their sinne , may be admitted to the lords table . . the manna and the water out of the rock , though they had a spirituall and evangelicall signification , and di● typifie jesus christ , yet they were also the ordinary food and drink of the people in the wildernesse : so that if scandalous sinners had been excluded from partaking of these , they had been deprived of their ordinary daily corporall nourishment ; which makes a vast difference between their case in the wildernesse , and ours at the lords table . . the apostle speakes of those scandalous sinnes , as committed , not before , but after the eating of that spirituall meat , and drinking of that spirituall drink ; first this is cleer of their baptisme in the cloud and in the sea , which was at their passing through the red sea , exod. . before any of the grosse and scandalous sinnes there mentioned were committed ; and therefore was not pertinent to be objected . immediately thereafter they did eat of the spirituall meat , that is of the manna exo. . and drank of the spirituall drink , that is of the water out of the rock which followed them exod. . to give drink to my people , my chosen saith the lord isa. . . now after those men had eaten of the spirituall meat , and drunk of the spirituall drink , they did fall into idolatry , fornication , &c. and this is all which the apostle saith , thereby warning the corinthians not to presume upon their partaking in the ordinances , nor to think all well with themselves , because they were baptized , and had eaten and drunk at the lords table ; for after all this they had need to take heed , lest they fall in foule sinnes , and lust after evill things , and so draw upon themselves the heavier judgements . that which master prynne takes for granted ( upon a marvellous mistake of the apostles words ) he hath yet to prove , that is , that after some of them had fallen into idolatry , others into fornication , others into murmuring against god , those who were known to have committed those grosse and scandalous sinnes , were allowed and admitted , as before , to eat of the spirituall meat , and drink of the spirituall drink . i mean not onely the passeover , ( which is not at all meant in this text ) but even from the manna and the water of the rock those scandalous sinners were cut off by death , except such of them as did repent and turn , for whom atonement was made to god. as soon as moses came into the camp , he gave a charge to slay every man his brother , and every man his companion which had committed the sinne of idolatry : and for the rest who survived moses made atonement , and got an answer of peace from god , concerning them . exo. . & . we read also that the lord plagued the people , because of their idolatry exo. . . and the people did mourn and humble themselves and cast off their ornaments exo. . . so that ( i am sure ) the first case mentioned by the apostle maketh much against our opposites . the second example is the matter of peor , where they did fall both into idolatry and fornication together ; but what came of it ? moses gave a charge to the judges of israel , to slay every one his men that were joyned to baal peor numb . . . and there died also of the plague . v. . but what was the peoples part in repenting ? vers . . tells us , that all the congregation of the children of israel were weeping before the door of the tabernacle of the congregation ; and for those that remained alive , phinehes made atonement , and the lord smelled a savour of rest vers . . . as for the third case , instanced by the apostle , which is the tempting of christ , much people of israel dyed for it , and the remnant did repent , and confesse that particular sinne that they had spoken against the lord and against moses , and therefore did desire moses , to pray unto the lord for them . num. . . . lastly , for that of murmuring , those that had the chiefe hand in it died of the plague , num. . . and the people mourned greatly , and confessed , we have sinned vers . . . and thus by searching for an answer to our opposites argument , we have found this argument against them . if god himself did execute such discipline upon those who were tainted with the grosse and scandalous sinnes of idolatry , fornication , &c. that he would not permit them to enjoy their former liberty of eating of the manna , and drinking of the water of the rock , ( being spirituall meat , and spirituall drink , as typifying christ , though appointed of god also for ordinary daily food and drink to his people ) untill they mourned , repented , confessed , and atonement was made for them : it is much lesse the will of god , that such scandalous sinners , as are manifestly impenitent and manifestly not reconciled to god , should be admitted and received to the lords supper , which is an ordinance purely spirituall . but the former part is true . therefore so is the latter . . another answer i shall adde , ( though i need adde no more ) those sinnes mentioned by the apostle were not scandals given by a few persons , nor yet by a few families , nor by a tribe , but they were common nationall sinnes ; and so fall not within the verge of our controversie , which is not concerning the suspending of a scandalous nation from the sacrament , for some nationall sinne ; but concerning the suspension of scandalons persons for their personall publike offences . if it be objected unto me , that the apostle saith , that some of them were idolaters , and some of them did commit fornication , &c. i answer , when he saith some , he saith so in reference to the all which had gone before , that is , all the israelites who did eat of the manna and drink of the water of the rock , during the yeers in the wildernesse , successively : so that he makes a distribution of israel in the wildernesse , comparing one passage with another , not distributing those that lived together at one and the same time . and that it must needs be so understood i prove from exo. . where we find all the people falling into idolatry , so num. . . and all the children of israel murmured against moses and against aaron . the other two are also called the sinnes of the people , and of israel , and the people were punished , and for one of them all the heads of the people commanded to be hanged . num. . . . & . . . peradventure every one did not act in each of these sinnes , but yet they were nationall ( as we call nationall ) sinnes , the generality of the children of israel , either acting or partaking therein . in such a case augustine thought fit to suspend the exercising of excommunication for the sinne of drunkennesse rather than to excommunicate all africa . these are my six answers to master prynnes unanswerable argument . the end of the first book . an appendix to the first booke : containing an additionall debate concerning the jewish church-government and censures . i have said enough ( as i suppose ) of a church-government and church-censures distinct from magistracy and civill justice among the jewes , whereby the seeming old testament strength of the erastians , is sufficiently yea abundantly broken ; and now it appeareth how ill grounded that assertion is which did lately come abroad in the discourse entituled , the difference about church-government ended pag. . moses was first the sole ruler , &c. afterwards when kings reigned in israel , king solomon put abiathar the high priest from his office , setting up zadok , and david distinguished the courses of the priests , and other godly kings from time to time ruled in things ecclesiasticall , and priests never ; till that after their returne from the babylonish captivity , &c. and no better grounded are the first five questions in m r prynne his diotrephes catechised , in which he doth intimate that there was no distinct ecclesiasticall jurisdiction among the jewes , and that all scandalous sinnes and offences now pretended to be of ecclesiasticall cognisance , were by gods owne institution throughout the old testament , inquireable , examinable , determinable , and punishable onely by the temporall magistrates or ●ivill powers , not by any ecclesiasticall persons or officers . but when he should prove that there was no ecclesiasticall jurisdiction distinct from the civill , he brings many scriptures to prove that there was a civill jurisdiction and civill or temporall punishments in the old testament . how cold the consequence from hence will be , against church-government , the intelligent reader cannot but perceive . the most of that strength which doth militate against these erastian principles , is presented and drawn up in this preceding booke . that which i now intend is onely an additionall debate . and first of all it is to be observed that the same point of controversie is debated a with the anabaptists , they holding as the erastians doe , that in the old testament , there was but one kind of government , one kind of jurisdiction , one kind of punishment , and that it was civill or temporall ; but an ecclesiasticall judicature or censure in the old testament they deny . wherein they are contradicted by those that writ against them . secondly , we must distinguish with great caution , and ( as they say ) cum grano salis , between that which was ordinary and that which was extraordinary in the jewish government . we can not , from extraordinary cases collect and conclude that which was the fixed , setled , ordinary rule . the examples which have been alledged for the administration of church-government , the purging away of scandals , the ordering of the ministery in the old testament , by the temporall magistrate or civill powers onely , and by their owne immediate authority , how truly alledged or how rightly apprehended shall appeare by and by : this i say for the present , diverse of them were extraordinary cases , and are recorded as presidents for godly magistrates their duty and authority , b not in a reformed and constituted church , but in a church which is full of disorders , and wholly out of course , needing reformation . so that the erastian arguments drawn from those examples , for investing the magistrate with the whole and sole power of government and jurisdiction in ecclesiasticall affaires , are no whit better than the popish and prelaticall arguments , for the lawfulnesse of the civill power and places of clergymen ( as they called them ) drawne from some extraordinary examples of aaron his joyning with moses , and eleazer with ioshua , in civill businesse of greatest consequence ; of the administration and government of the commonwealth by eli the priest , and by samuel the prophet ; of the anointing of iehu to be king by elisha ; of the killing of athaliah , and the making of ioash king by the authority of iebojada the priest ; of the withstanding and thrusting out of king uzziah , by fourscore valiant men of the priests , and such like cases . master prynne himself in his diotrephes catechised pag. . noteth that ezra the priest received a speciall commission from artaxerxes , to set magistrates and judges which might judge all the people ezra . , . from all which it appeareth that as priests did extraordinary some things which ordinarily belonged to magistracy , so magistrats did extraordinarily that which ordinarily did not belong to their administration . i conclude this point with a passage in the second book of the discipline of the church of scotland chap. . and although kings and princes that be godly , sometimes by their own authority , when the church is corrupted , and all things out of order , place ministers , and restore the true service of the lord , after the example of some godly kings of judah and divers godly emperours and kings also in the light of the new testament : yet where the ministery of the church is once lawfully constituted , and they that are placed doe their office faithfully , all godly princes and magistrates ought to beare and obey their voyce , and reverence the majesty of the sonne of god speaking in them . in the third place , let us take a particular survey of such objections , from which the erastians doe conclude that the power of church-gov●rnment in the old testament was onely in the hand of the magistrate . and first concerning moses , it is objected that he being the supreme magistrate did give lawes and ordinances for ordering the church in things pertaining to god. answ. this he did as a prophet from the mouth of the lord , yea as a type of jesus chri●t the great prophet , deut. . . . not as civill magistrate . . object . we read not of an ecclesiasticall sanhedrin adjoyned with moses , but onely of a civill sanhedrin num. . neither doth the talmud mention any supreme sanhedrin but one . answ. . if those elders , num. . be understood onely of the civill sanhedrin , ( which some doe not admit , though for my part i doe not gainsay it ) yet we read of the con●itution of another sanhedrin or assembly of before them . which i have before proved from exod. . . . and if there had been no dis●inct ecclesiasticall sanhedrin in moses his time , yet by the law , deut. . when the people came into the land of promise , they were to have two distinct courts in the place which the lord should choose . of which also before . and whereas m r prynne in his diotrephes catechised quaest . . intimateth , that by the law deut. . the priests were onely ●oyntly and together with the temporall judges , to resolve hard civill cases or controversies : this sence can neither agree with the dis●unction in the text verse . the man that will not hearken unto the priest , or unto the judge : nor yet with the received interpretation of those words between stroke and stroke , that is , between leprosie and leprosie , the decision whereof , is no where in scripture found to be either committed unto or assumed by the civill judge . as for the talmud , that of babylon was not begun to be compiled before the yeere of 〈◊〉 , nor finished before the yeere of christ . the ierusalem talmud can pretend to no greater antiquity than the yeere of christ . so that both were collected long after the dissolution of the sanhedrin and government of the jewes . no marvell therefore , if these declining times did weare out the memory of some part of their former government . . object . the king was by gods appointment entrusted with the custody of the booke of the law , deut. . . king. . . answ. . the principall charge of the custody of the law was committed to the priests and levites , deut. . , , . of the king it is onely said deut. . . that he shall write him a coppy of this law in a booke , out of that which is before the priests and levites . . i heartily yeeld that a lawfull magistrate , whether christian or heathen , ought to be a keeper or guardian of both tables , and as gods v●cegerent hath authority to punish haynous sinnes against either table , by civill or corporall punishments which proves nothing against a 〈◊〉 church-government for keeping pure the ordinances of christ. . object . king david did appoint the offices of the levites and divided their courses chr●… . . so likewise did solomon appoint the courses and charges of the priests , levites and porters in the temple . answ. david did not this thing as a king , but as a prophet , 〈◊〉 . . . for so bad david the man of god commanded ; the same thing being also commanded by other prophets of the lord , hro . . . according to the commandement of david , and of g●…d the kings seer , and nathan the prophet , for so was the commandement of the lord by his prophets . which cleareth also solomons part , for ( beside that himselfe also was a prophet ) he received from david the man of god , a patterne of that which he was to doe in the worke of the house of the lord , and directions concerning the courses of the levites , chro. . , , . chro. . . object . king solomon deposed abiathar from his priesthood , and did put 〈◊〉 in his place . answ. abiathar was guilty of high treason for assis●ing and ayding adonijah , against solomon , whom not onely his father david but god himselfe had designed to the crowne . so that the crime was of civill cognizance , and abiathar deserved to die for it . that which solomon did was an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a moderation of the punishment , as strigelius cals it ; when solomon might justly have put him to death , he onely banisheth him from hierusalem to anathoth , there to enjoy his owne inheritance , to live a private life , and no more to intermeddle in state affaires . wherefore this example doth belong to the case of a capitall crime committed by a minister , but not to the case of scandall or mal-administration in his ministery . . neither did solomon directly or intentionally put abiathar from the priesthood for that offence , but by consequence it followed upon his banishment from hierusalem , the place where the high priest was to exercise his calling , king. . . so ( that is , in respect of banishment from ierusalem mentioned in the verse immediately preceding ) solomon thrust out abiathar from being priest unto the lord. a minister now banished is not thereby thrust out from all exercise of his ministery , for he may exercise it in another place ; but abiathar being thrust out from hierusalem was eo ipso thrust from the calling of the high priest , which was necessarily to be exercised in that place . . solomon being a prophet , who knowes what warrants he had more then ordinary for that which he did to abiathar ? that it was not without an extrordinary divine instinct , some collect from the next words ; that he ( solomon ) might fulfill the word of the lord which he spake cencerning the house of eli in shilo . . as for the investing of zadok with the place and authority of the high priest , it doth not prove that the magistrate hath a constitutive power to make or authorize church officers : for zadok had been formerly chosen by the congregation of israel , and anointed to be high priest , chro. . . yea he did fall to the place iure divino : for the high priesthood was given to eleazar the eldest sonne of aaron , and was to remaine in the family of eleazar , from whom zadok had lineally descended : whereas abiathar was not of the family of eleazar , but of the family of i●…hamar . . object . hezekiah did apply his regall power to the reformation of the levites and to the purging of the temple , chr. . . and did also appoint the courses of the priests and levites every man according to his service , chro. . so likewise did king iosiah , chro. . answ. hezekiah in exhorting the levites to sanctifie themselves and to cleanse the temple , doth require no other thing than the law of god did require , num. . . . . & . . which hezekiah himselfe pointeth at , chro. . . and why should not the magistrate command ministers to do the duties of their calling according to the word of god ? as for his appointing of the courses of the p●iests and levites , he did nothing therein , but what the lord had commanded by his prophets , chro. . . the like i answer concerning king iosiah , for it is recorded , that what hee did , was after the writing of david and solomon , chro. . . and according to the commandement of david and asaph , and heman , and jeduthun , the kings seer , verse . as it is written in the booke of moses , v. . . object . king ioash while hee yet did right in the dayes of iebojada the priest , sent the priests and levites to gather from all israel , a collection for repairing the house of the lord , and when they dealt negligently in this businesse he discharged them to receive any more money so collected . ans. joash did impose no other collections , but those quae divino jure debebantur , which were due by divine right , saith wolphius , in kings . the thing was expressely commanded in the law of moses , compare chro. . . exo. , , , . as for the kings prohibition afterwards laid upon the priests , . the priests had still neglected the worke till the three and twentieth yeare of his raigne was come , . the priests themselves consented to receive no more money , . the high priest had still a chiefe hand in the managing of that businesse , in which also the priests that kept the doore had an interest . all which is plaine from kings . . , , . and beside all this , it was a money matter , concerning the hyring and paying of workemen , and so did belong to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to the extrinsecall , not to the intrinsecall things of the church . . object . the kings of the jewes have purged the land from idolatry and superstition , have broken downe altars , cut down groves , destroyed high places , and such like idolatrous monuments . ans. this was nothing but what was commanded in the law of moses , whereunto also the secular coercivepower was necessary . let it be remembled concerning those godly reforming kings of 〈◊〉 . the case was extraordinary , no matter of ordinary government . their reformation was iure divino . the law of god was the rule , and ius divinum was not then startled at , but embraced . . sometime also the reformation was not without an assembly of the prophets , priests and elders , as kings . . . object . mr. prynne in his diotrephes catechised , quest. . 〈◊〉 another objection from chr. . asking , whether it be not clearly meant , that as king josiah himselfe ( he should have said iehoshaphat ) did by his owne regall authority , appoint iudges in the land and in jerusalem , in the preceeding , , , , . & . verses , to d●…termine all controversies and punish all offences whatsoever , acco●…ding to the lawes of god and that kingdome , so hee did by the selfe same regall authority appoint amariah then chiefe priest , over the priests and levites onely . ( implyed in the word you , not over the people of the land ) in all matters of the lord , that is , to order , direct the priests and levites , under him in their severall courses , and all matters whatsoever concerning the worship , &c. ans. . mr. prynne will never prove from that text , that iehoshaphat by his regall authority did appoint , or set amariah the chiefe priest to be over the rest ; the english translators expresse the sence by interlacing the word is verse . and behold amariah the chiefe priest is over you in all matters of the lord. . to restrict the word you to the priests and levites onely , is an intolerable wresting of the text ; for all these relatives , verse , , . them , ye , you , must needs repeat the antecedent verse . and so relate to the chiefe of the fathers of israel , as well as to the priests and levites . so that these words , amariah the chiefe priest is over you , are spoken to the sanhedrin ; and the plaine meaning is , that amariah the chiefe priest was at that time the nasi , or princeps senatus , the prince or chiefe ruler of the senat , as grotius expounds it . . that the high priest was a ruler of the people , as well as of the priests and levites , is manifest from , acts . . where paul applieth to the high priest , that law , thou shalt not speake evill of the ruler of thy people . . wherefore to retort the objection , mr. prynne doth here acknowledge upon the matter two distinct governments to have beene at that time , one civill , another ecclesiasticall : distinct i say both objectively , and subjectively : objectively , for hee expounds the lords matters to be meant of the sacrifices and other services in the temple , the kings matters hee takes to be the kings househould , lands , revenues : subjectively also , for hee yeeldeth upon the matter both amariah and zebadiah to have had a certaine ruling or governing power in ordering and directing these over whom they were set , which well agreeth both with the version of the ( giving the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both to the one and to the other ) and with the originall ; for he that is over the sanhedrin it selfe must needs be a ruler . . object . the causes of leprosy , lev. . & . and jealousie num. . are the onely cases wherein the priests were appointed to be as judges in the old testament . so mr. prynne in his diotrephes catechised quest . . ans. . if the priests were judges in these cases , then ( so farre at least ) there was a judging , decisive , binding sentence of the priests , distinct from and not subordinate unto the civill magistracy . . but that these two were the onely cases wherein the priests were appointed to be as judges , is easily confuted , being an assertion contrary to diverse texts of scripture , as first deut. . . in the triall of secret murther the law appointeth thus : and the priests the sonnes of levi shall come neare , &c. and by their word shall every controversy and every stroke bee tried , that is , every controversy which was to be ended by purgations or purifications , oathes or confession , as pelargus noteth upon the place . there is also a generall comprehensive expression concerning the priests their judging and deciding of controversies forensically , ezech. . . and in controversy they shall stand in judgement , and they shall judge it according to my judgements . likewise deut. . , , . the priest as well as the judge hath authority to give forth a binding decree concerning hard matters , brought from inferior courts to ierusalem . againe chron. . . the porters of the temple ( that is , the priests that kept the doore as they are designed kings . . of whom also it is said , that i●…hojadah the high priest , appointed officers over the house of the lord , kings . . which text grotius following iosephus doth parallell wi●h chro. . . ) had this charge , that none which was unclean in any thing should enter in . . object . if the priests power of judging reached further than the cases of leprosie , and jealousie , the most was to judge of such as were uncleane in any thing , and that according to their sentence the uncleane were to be excluded . ans. not to insist now upon these texts , deut. . . . & . . ez●… . . . which hold forth the juridicall power of the priests more generally and comprehensively , without restricting it to cases of cleane and uncleane only ; nor yet to repeat diverse other answers before given , in answer to erastus and m. prynne , concerning legall and morall uncleannesse ; i shal here only give this one answer out of that text chro. . . none which was unclean in any thing . what cogent argument can now restrict this text concerning the exclusion of uncleane persons from the temple , to such only who were legally or ceremonially unclean ? if we should suppose and grant that it is meant onely of the legall uncleannesse , yet both by analogy and à fortiori , that text affoordeth an argument against the erastians , and i have accordingly made use of it before ; yet neverthelesse i believe it will puzle them to prove that this text doth not comprehend those also that were morally uncleane , that is , scandalous prophane persons . for my part i doe believe that it is meant of keeping back those that were morally unclean , as well as those that were ceremonially such . and my reasons are these , . the text saith generally , none which was uncleane in any thing , or as the have it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , such as were uncleane in every or any word , or ( if you will ) against any word , that is , against any commandement of the law , . because impiety , profannesse , and wickednesse hath the name of uncleannesse , even in the old testament ; & such as commit sin and ungodlinesse are called unclean , and are said to defile themselves , as wel as those that were legally uncleane . i shall not neede to expound , lev. . . if he touch the uncleannesse of man , whatsoever uncleannesse it be that a man shall be defiled withall ; as if it were meant of fellowship with scandalous sinners ; which is origens interpretation , hom. . in levit. who also taketh a commentary to that text from , cor. . . it will have more weight in it , to observe targum onkel●…s , deut. . . where the law concerning mamzer a bastard or whoores son , is thus explained , a bastard shall not be clean that he may enter into the congregation of the lord : even unto the tenth generation his sons shall not be clean that they may enter into the congregation of the lord. but i will give yet surer warrants for what i say . iob. . . their life is among the uncleane , that is , ( as pagnin following the chaldee paraphrase expresseth it ) inter scortatores ; hierome , inter effaeminatos : others , inter impudicos ; the same word is rendered sodomites , kings . . it commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or per antiphrasin signifieth to be impure or unclean , and it is used of the legall uncleannesse , deut. . . lest the fruit of thy vineyard be defiled . so hag. . , . both he that touched a dead body , and he that trespassed against the morall law , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 uncleane ; for after the resolution concerning that which was legally uncleane , it is added , so is this people , and so is this nation before me saith the lord , and so is every w●…rke of their hands , and that which they offer there is unclean . the same name is given to an ungodly person , eccle. . . where the godly person is called the cleane , the notorious scandalous prophane person is called the unclean . so wickednesse is frequently called uncleannesse as , ezra . . . ezec. . . zech. . . i wil here adde a testimony of maimonides in more nevochim part . cap. . hence also the transgression of the commandement is called uncleannesse or pollution , and it is said of the principall and fundamentall commandements , of idolatry , of uncovering the nakednesse , of the shedding of bloud . of idolatry it is said c : because he hath given of his seed unto molech , to defile my sanctuary , and to prophane my holy name . of the uncovering of the nakednesse ; d defile not your selves in any of these things . of the shedding of bloud , e defile not therefore the land wherein ye dwell . wherefore this word uncleannesse or defilement is said of three sorts of things , first of a mans qualities and of his transgressions of the commandements , whether theoricall or practicall ( that is , which concerne either doctrine , or his conversation . ) secondly of externall filthinesse and defilements , &c. thirdly , of these imaginary things , that is , the touching or carrying upon the shoulders some uncleane thing , &c. adde hereunto the observation of drusius de tribus sect . judaeor . lib. . num . . . . the pharisees did account sinners and prophane persons to be uncleane , and thought themselves polluted by the company of such persons , for which reason also they used to wash when they came from the mercate . though there was a superstition in this ceremony , yet the opinion that prophane persons are uncleane persons , and to be avoided for uncleannesse , had come from the purest antiquities of the jewes , even from moses and the prophets . since therefore both in the old testament phrase , and in the usuall language of the jewes themselves , a scandalous prophane person was called an unclean person , it is to me more then probable that where i read , none which was uncleane in any thing should enter in it is meant of those that were morally uncleane by a scandalous wicked conversation , no lesse yea much more than of those that were onely ceremonially uncleane . . especially considering that the sanctuary was prophaned and polluted by the morall uncleannesse of sinne , and by prophane persons their entring into it , as is manifest from lev. . . eze. . . how can it then be imagined that those priests whose charge it was to keepe back those that were uncleane in any thing , would admit and receive such as were not onely unclean persons in the language of scripture and of the jewes themselves , but were also by expresse scriptures declared to be defilers or polluters of the sanctuary ? . it is said of the high priest , lev . . and he shall make atonement for the holy place , because of the uncleannesse of the children of israel , and because of their transgressions in all their sins : or from their uncleannesse and from their transgressions , as the chaldee and the lxx have it : the sence is the same : and it sheweth that the holy place was made uncleane by the transgressions and sinnes of the children of israel : which uncleannesse of transgression , if it were visible , publik and notorious , then the priests had failed in admitting such to the holy place . . object . throughout the old testament we read onely of temporall punishments , as burning , hanging , stoning , fines , stripes , and the like , but never of excommunication or any church censure . neither did the jewes know the distinction of lawes ecclesiasticall and lawes civill , causes ecclesiasticall and causes civill , for the church of the jewes was th●ir common-wealth , and their common-wealth was their church , and the government of church and state among them was one and the same . their civill lawyers were also expositors or doctors of the law of god. ans. that in the jewish church , there was an ecclesiasticall censure or punishment distinct from the civill , i have proved in this preceeding booke , both from scripture and from the jewish antiquities . and if there were no more but the sequestration or separation from the temple or from the passeover , for such legall uncleannesse as did not separat a man from his house , nor from all company of men , even that alone proves a kinde of censure distinct from all civill punishment : neither did it belong to the magistrate or civill judge , but to the priests to examine , judge , and determine concerning cleannesse or uncleannesse , and consequently concerning admission to or separation from the temple , passeover , and sacrifices . that the jewish church and the jewish state were formally distinct , see before chap. . where it hath beene observed that some proselytes had the full priviledges of the jewish church , though none of them had the full priviledges of the jewish common-wealth . the like i have read of the spaniards , who admit the moores or inhabitants of morisco to turne christians , and receive them into ecclesiasticall membership and communion , but by no meanes into their civill liberties . that the causes of excommunication among them were lookt upon as scandalls , and not as civill in●uries , see chap. . this onely i adde that more nevochim part . . chap. . doth distinguish civill lawes from sacred lawes , even among the people of god , making the scope of the civill lawes to be the good safety and prosperity of the common-wealth ; the sacred or divine lawes to concerne properly religion and mens soules . he that will compare the civill lawes and panall statutes of the jewes mentioned in baba kama , with their ceremoniall lawes concerning the holy ordinances of god , and who should have communion therein , who not , cannot but looke upon their church and 〈◊〉 lawes , as formally distinct from their state and civill lawes . again , he that will consider who were the viri synagogae magnae , the men of the great synagogue , and what their power and acts were , ( as dr. buxtorf describeth the same in his tyberi●…t cap. , . ) and their authoritative determinations , concerning the right writing , reading , and expounding of the holy scripture , &c. must needs acknowledge that it was senatus ecclesiasticus magnus ( as buxtorf cals it ) and that such power and acts were incompetent to the civill magistrate . as for their doctors of law and scribes , they were of the sons of aaron , yet some way diversified in their administrations . scaliger in elench . trihaeres . nic. serar . cap. . distinguisheth between the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , f that the former were the wisemen or chief of the scribes who did interpret the law , and declare the sence of it ; the latter did attend civill forensicall matters . drusius de tribus sect . jud. lib. . cap. . noteth from luke . . . . that there was some distinction between the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , between the scribes and the lawyers , for when christ had spoken of the scribes and pharises , then answered one of the lawyers and said unto him , master , thus saying thou reproachest us also . and he said , wo unto you also ye lawyers : this will be more plaine by that other distinction observed by lud. de dieu . in mat. . . and diverse others , between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , between the scribes of the law of god who did interpret the law , such as ezra the priest ; and the scribes of the people who were actuarii publici , publick notaries or clerks . whence it appeareth that the offices of scribes and lawyers ( although the persons themselves were of the tribe of levi ) were so ordered , as that civill and sacred affaires might not be confounded . yea , the scriveners or notaries were of two sorts ; for besides those which did attend civill courts of justice , &c. there was a chiefe scribe who waited upon the king and wrote unto him a coppy of the book of the law , according to that deut. . . such a scribe was sheva , sam. . . shaphan kings . . . baruch jer. . such a scribe had joash kings . . there were divers other scribes for the house of the lord and for the people , whose office it was to write and to read the law , chro. . , psal. . . ier. . . . object . but neither in the old testament nor in the talmudists can there be found any ecclesiasticall excommunication properly so called . answ. i deny both , yea i have disproved both . moreover , as touching the excommunication used in the jewish church i shall adde here these following testimonies of m●…imonides . in libro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tract . talmud torah cap. . sect . . he that revileth a wiseman , though after his death , shall be excommunicated by the sanhedrin , by whom also after repentance he shall be absolved . ib. sect . . he who is excommunicated in his own town , ought also to be esteemed in all other cities and towns , as a person excommunicated . answerable hereunto were the ancient canons , which did appoint that a person excommunicated in his own church should not be received to communion in another church . the . causes of excommunication ( above mentioned ) he there reckoneth forth from sect . . to the end of that chapter . again , cap. . sect . . what is the manner of a simple excommunication or niddui ? he that doth excommunicate saith : let that person n. be in ( or under ) an excommunication or separation . if the person excommunicated be present , they who doe excommunicate say unto him , let this person n. be separated or excommunicated . and when cherem or the greater excommunication is inflicted , what is the manner ? they say , let n. be devoted and accursed , let an execration , adjuration and separation be upon him . but how doe they loose the person excommunicated , and how doe they free him from the separation or the curse ? they say , be thou loosed , be thou pardoned . if the guilty party be absent , they say . let n. be loosed , and let him be pardoned . in the same chapter sect . . neither is there any certain space of time predetermined , before which the bond of the excommunication inflicted may not be loosed . for immediately and at the same time when excommunication is inflicted , it may be loosed if the guilty party doe immediately repe●…t , and come to himselfe . which doth further set forth the great difference between the nature and scope of excommunication , and the nature and scope of corporall or civill punishments . for how soon soever an excommunicat person giveth good signes of true repentance , he is to be loosed from the bond of excommunication . but he that is punished in his body or estate for any crime , is not freed from the punishment , because he is known to be penitent ; the repentance of a criminall person is no supersedeas to civill justice . thereafter maimonides proceedeth thus . yet if it seem good to the sanhedrin that any man shall be left in the state of excommunication , for how many yeeres shall be be left in excommunication ? the sanhedrin will determine the number of yeers and space of time , according to the haynousnesse of the trespasse . so likewise if the sanhedrin will , it may devote and subject to a curse , first the party himself who is guilty of the crime , and then also every other person whosoever eateth or drinketh with him , or sitteth neere unto him unlesse at foure cubits distance : that so by this means the heavier correction may fall upon the sinner , and there may be as it were a hedge put about the law , which may restrain wicked men from transgressing it . whence observe . it was from the jewish church , that the ancient councels of the christian church , took a pattern for determining and fixing a certaine number of yeeres to the separation of some haynous offenders from the sacrament , and sometimes from other ordinances also . though i doe not approve this thing , either in the jewish or christian church ; for at what time soever a scandalous sinner doth give evident signes of repentance , the church ought to receive him againe into her bosome and fellowship . . from the jewish church also was the patterne taken , for that ancient discipline in the christian church , that he who keepeth company and communion with an excommunicated person , should fall under the same censure of excommunication . which thing must be well explained and qualified before it can be approved . . compare also this passage of maimonides with cor. . . with such a one no not to eate , thes. . . have no company with him , that he may be ashamed . which texts doe fitly answer to that which the hebrew writers say of a person excommunicated . . the excommunication of an offender among the jewes , was intended not onely for the offenders humiliation and amendment , but for an ensample to others , that they might heare and feare and do no more any such thing : it was therefore a publique and exemplary censure . and so much of sect. . in the . and . sections maimonides sheweth us , that though a wise man was allowed to prosecute unto the sentence of excommunication one that did revile or calumniat him , yet it was more praise-worthy and more agreeable to the example of the holy men of god to passe in silence and to endure patiently such injuries . then followeth sect. . these things which have been said , are to be understood of such reproaches and contumelies as are clandestine . for if railers doe put a publike infamy upon a wise man , it is not lawfull to him to use indulgence or to neglect his honour : and if he shall pardon ( as to the punishment ) him who hath hurt his fame , he himselfe is to be punished , because that is a contempt of the law . he shall therefore avenge the contumely , & not suffer himselfe to be satisfied , before the guilty party hath craved merey . here is the true object , or ( if you will ) the procuring and meritorious cause of excommunication , viz. not a private personall or civill injury , which a man may passe by or pardon if he will , but a scandalous sinne the scandall whereof must be removed and healed , by some testimony or declaration of the sinners repentance , otherwise he must fall under the censure and publique shame . these testimonies of maimonides , and the observations made thereupon , beside all that hath been said in this preceding book , will make it manifest that the spirituall censure of excommunication was translated and taken from the jewish church into the christian church . furthermore , beside all the scriptural proofs already brought , i shall desire another text , nehem. . , . to be wel weighed . after the reading of the law ( deut. . . ) that the amm●…nite and the moabite should not come into the congregation of god for ever , it came to passe , saith the text , when they heard the law , that they separated from israel all the mixed multitude . i conceive that this separation was a casting out of the church of israel , and is not meant here of a civill separation from honours and priviledges , nor yet onely in reference to the dissolution of unlawfull marriages . i understand also by the prohibition of entring into the congregation of the lord deut. . , , . that such were not to be received into church communion . ostendit autem qui a caetibus fidelium debeant excludi . he sheweth who ought to be excluded from the assemblies of the faithfull , saith aretius upon deut. . . hic dicitur ecclesia dei atrium mundorum , quod non debebant tales ingredi . here that court of the temple which was appointed only for the clean , is called the congregation of god , whereunto such persons ought not to enter , saith hugo cardinalis upon the same place . audita lege de duabus inimicis gentibus anathematizandis , &c. having heard the law concerning the two hostile nations , to be anathematized or accursed , saith beda on nehem. . thereupon they separated the mixed multitude . pelargus on deut. . citeth theodoret , procpius , and rabanus , besides the canonills , for this sence , that the not entring into the congregation of the lord , is meant of refusing ecclesiasticall not civill priviledges . i know that divers others understand deut. . , , . of not admitting unto , and nehem. . . of separating from marriages with the jewes , and civill dignities or places of magistrates or rulers in that commonwealth , such a one shall not enter into the congregation of the lord , that is , shall not be received into the assembly or court of judges . but there are some reasons which diswade me from this and incline me to the other interpretation . first , the law deut. . being read to the people nebem . . . upon the hearing of that law they separated from israel all the mixed multitude . it is not to be imagined that all this mixed multitude was married to jewes , muchlesse that they were all magistrats , rulers , or members of courts and judicatures in israel . but by the mixed multitude are meant all such as were in israel but not of israel , or such as conversed and dwelt among the jewes and had civill fellowship with them , but had no part nor portion ( by right ) in church-membership and communion : in which sence also the mixed multitude is mentioned exod. . . num. . . secondly , that this separation from israel is to be understood in a spirituall and ecclesiasticall sence , it appeareth by the instance and application immediately added neb. . . to vers . . and before this , that is , before this separation , eliashih the priest being allied unto tobiah had prepared for him a chamber in the courts of the house of god , but now when the separation of the mixed multitude was made ; nehemiah did east out the stuffe of tobiah , and commanded to cleanse the chambers of the temple which had been defiled by tobiah . behold an instance of the separation in reference to the temple or holy place , not to any civill court. thirdly , the chaldee paraphrase helpeth me deut. . , , . for instead of these words , shall not enter into the congregation of the lord , onkelos readeth shall not be clean to enter into the congregation of the lord ; having respect to the law which did forbid uncleane persons to enter into the temple . ita isti mundi reputabantur ; so likewise were these ( ammonites , moabites , bastards , &c. ) esteemed as unclean , saith tostatus in deut. . quaest . . fourthly , edomites and egytians might enter into the congregregation of the lord in the third generation deut. . , . was the meaning , that edomites and egyptians should in the third generation marry with the jewes , or be magistrates in israel , members of the sanhedrin , or judges ? he that will thinke so , will hardly prove that it was so . to me it is not at all probable , that god would allow his people either to marry with the edomites and egyptians , or to prefer them to be magistrates and judges in israel , no not in the third generation . but it is very probable , that when an edomite or egyptian came to dwell in the land of israel , as a proselyte indweller , ob erving the seven precepts given to the sonnes of noah , the children of that egyptian or edomite in the third generation , mi●ht enter into the congregation of the lord , that is , might upon their desire and submission to the whole law of moses , be received as proselytes of righteousnesse or of the covenant , and so free to come to the court of israel , and in all church relations to be as one of the israelites themselves . fifthly , philo the jew lib. de victimas offerentibus towards the end , tels us that their law did prohibit all unworthy persons from their sacred assemblies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . from the same sacred assemblies of the church , he saith that their law did also exclude eunuohs , and bastards , or such as were borne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( the word used by the lxx in deut. . . ) where philo most certainly hath respect to that law , deut. . understanding by the congregation of the lord in that pla●e , neither a civill court nor liberty of marriage , but the sacred or church assembly . there are but two objections which i finde brought against that which i have been now proving . one is from exod. . . a law which admitteth strangers to the church and passeover of the jewes , provided they were willing to be circumcised . the other objection is from the example of ruth the moabitesse , who was a member of the church of israel . to the first i answer , that exod. . . will not prove that every stranger who desired to be circumcised , and to eate the passeover , was to be immediately admitted upon that desire , without any more adoe : onely it proves that before any stranger should eate of the passeover , he must first be circumcised . a stranger might not be gertsedek , a proselyte of righteousnesse , when he pleased , but he was first to be so and so qualified . besides this , it may be justly doubted whether deut. . . be not an exception from the rule exod. . . for all strangers were not to be alike soon and readily received to be proselytes of righteousnesse : but a great difference there was between those nations which god had expressely and particularly devoted and accursed , and others not so accursed . to the other objection concerning ruth , rabanus cited by pelargus on deut. . answereth that the tenth generation of the moabites was past , before ruth did enter into the congregation of the lord. and if it had not , yet the case was extraordinary , and one swallow makes not summer . . object . but is there any patterne or president in the jewish church , for keeping backe scandalous sinners from the sacrament ? ans. there is ; for i have proved a keeping back of notorious sinners both from the passeover , and from the temple it selfe which had a sacramentall signification and was a type of christ and communion with him . it is worthy of observation that by the chaldee paraphrase , exod. . . any israelite who was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an apostate , might not eate of the passeover . againe , verse . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & omnis prophanus . so the latine interpreter of onkelos : and no prophane person shall eate of it . the word is used not onely of a heathen , but of any prophane person , as prov. . . where the chaldee expresseth the whorish woman ( though a jewesse ) by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be prophaned , è sancto prophanum fieri . surely onkelos had not thus paraphrased upon exod. . if it had not been the law of the jewes , that notorious prophane persons should be kept backe from the passeover . the second book of the christian church-goverment . chap. i. of the rise , growth , decay , and reviving of erastianisme . diverse learned men have ( to very good purpose ) discovered the origination , occasion , first authors , fomenters , rise and growth of errors , both popish , and others : i shall after their example make known briefly , what i find concerning the rise and growth the planting and watering of the erastian error , i cannot say of it , that it is honest is parentibus natus , it is not borne and descended of honest parents . the father of it is the old serpent , who finding his kingdom very much impaired , weakned and resisted by the vigor of the true ecclesiastical discipline , which separateth between the precious and the vile , the holy & prophane ; and so contributeth much to the shaming away of the unfruitful works of darknesse ; thereupon he hath cunningly gone about to draw men , first into a jealousie , and then into a dislike of the ecclesiastical discipline , by gods mercy restored in the reformed churches . the mother of it , is the enmity of nature against the kingdom of iesus christ ; which he , as mediator , doth exercise in the goverment of the church : which enmity is naturally in all mens hearts , but is unmortified and strongly prevalent in some , who have said in their hearts , we will not have this man to raigne over us . luke . let us break their bonds asunder , and cast away their cords from us . psal. . . the midwife which brought this unhappy brood into the light of the world , was thomas erastus doctor of medicine at heidelberg of whom i shall say no more , then what is apparant by his owne preface to the reader , namely , that as he was once of opinion , that excommunication is commanded in the word of god , so he came off to the contrary opinion , not without a male-contented humour , and a resentment of some things which he lookt upon as provocations and personal reflections , though its like enough they were not really such , but in his apprehensions they were . one of these was a publick dispute at heydelberg in the year . upon certain theses concerning the necessity of church government , and the power of presbyteries to excommunicate : which theses were exhibited by m. george withers an englishman , who left england because of the ceremonies , and was at that time made doctor of divinity at heydelberg . and the learned dispute had thereupon , you may find epitomized ( as it was taken the day following from the mouth of dr. vrsinus ) in the close of the second part of dr. pareus his explication of the heidelberg catechisme . the erastian error being borne , the breasts which gave it suck were prophanesse and self-interest . the sons of belial were very much for it , expecting that the eye of the civil magistrate shall not be so vigilant over them , nor his hand so much against them for a scandalous and dissolute conversation , as church-discipline would be . germanorum bibere est vivere , in practice as well as in pronunciation . what great marvel if many among them ( for i do not speak of all ) did comply with the erastian tenent ? and it is as little to be marvelled at , if those , whether magistrates , lawyers , or others , who conceived themselves to be so far losers , as ecclesiastical courts were interested in government , and to be greater gainers by the abolition of the ecclesiastical interest in government ; were by assed that way : both these you may find among the causes ( mentioned by aretius 〈◊〉 . probl . loc . . ) for which there was so much un willingnes to admit the discipline of excomunication . magistratus jugum non admittuxt , timent honoribus , licentiam amant , &c. the magistrates do not admit a yoke , are jealous of their honours , love licentiousnesse . vulgus quoque & plebs dissolutior : major pars corruptissima est , &c. the communaltic also and people are more dissolute : the greater part is most vicious . after that this unlucky child had been nursed upon so bad milk , it came at last to eat strong food , and that was arbitrary government , under the name of royall prerogative . mr. iohn wemys ( sometime senator of the colledge of justice in scotland ) as great a royalist as any of his time , in his book de regis primatu , lib. . cap. . doth utterly dissent from and argue against the distinction of civil and ecclesiasticall lawes , and against the synodical power of censures ; holding that both the power of making ecclesiastical lawes , and the corrective power to censure transgressors , is proper to the magistrate . the tutor which bred up the erastian error , was arminianisme ; for the arminians finding their plants pluckt up , and their poison antidoted by classes and synods , thereupon they began to cry down synodical authority , and to appeal to the magistrates power in things ecclesiastical , hoping for more favour and lesse opposition that way . they will have synods onely to examine , dispute , discusse , to impose nothing under pain of ecclesiastical censure , but to leave all men free , to do as they list . see their exam . cens . cap. . and vindic. lib. . cap. . pag. . . and for the magistrate they have endeavoured to make him head of the church , as the pope was ; yea so far , that they are not ashamed to ascribe unto the magistrate that jurisdiction over the churches , synods , and ecclesiastical proceedings ' which the pope did formerly usurpe : for which see apollonius in his ius maj●…statis circa sacra . but the erastian error being thus borne , nursed , fed , and educated , did fall into a most deadly decay and consumption : the procuring causes whereof were these three . first , the best and most ( and in some respect all ) of the reformed churches refused to receive , harbour , or entertain it , and so left it exposed to hunger and cold , shame and nakednesse . some harbour it had in switzerland , but that was lookt upon as comming onely through injury of time , which could not be helped ; the theological and scriptural principles of the divines of those churches , being anti-erastian , and presbyteriall , as i have * else-where shewed against mr. coleman . so that erastianisme could not get warmth and strength enough , no not in zurick it self . yea dr. ursi●…us in his iudicium de disciplinâ ecclesiasticâ , & excommunicatione , exhibited to the prince elector palatine frederick the third ( who had required him to give his judgement concerning erastus his theses ) doth a once and again observe , that all the reformed churches and divines , as well those that did not practice excommunication , as those that did practise it , agree notwithstanding in this principle , that excommunication ought to be in the church . which is a mighty advantage against erastianisme . the second cause was a mis-accident from the mid-wife , who did half stisle it in the birth , from which did accrue a most dangerous infirmity , of which it could never recover . b read the preface of erastus before the confirmation of his theses ; also the close of his sixth book ; put these together , you will find him yeeld , that all ought not to be admitted promiseuously to the sacrament , but that such admission be according to the custome and rule observed in the church of heidelberg ( and what that was , you may find in the heidelberg catechisme quaest. . & . namely a suspension of prophane scandalous persons from the sacrament , and in case of their obstinacy and continuing in their offences , an excommunicating of them . ) he yeelds also that these seven sorts of persons ought not to be esteemed as members of the church , and that if any such be found in the visible church , they ought to be cast out . . idolaters . . apostates . . such as do not understand the true doctrine , that is , ignorant persons . . such as doe not approve and embrace the true doctrine , that is , hereticks and sectaries . . such as desire to receive the sacrament otherwise then in the right manner , and according to christs institution . . such as defend or justifie their wickednes . . such as doe not confesse and acknowledge their sins , and professe sorrow and repentance for them , and a hatred or detestation of them . and thus you see as erastianisme pleadeth for no favour to sectaries , or whosoever dissent in doctrine , or whose tenents concerning christs institution , or manner of administration , are contrary to that which is received in the church where they live : ( for c it is content that all such , were they never so peaceable and godly , be cast out of the church by excommunication . all the favour and forbearance which it pleadeth for , is to the loose and prophane ) so neither doth it altogether exempt the prophane , but such onely as do neither deny nor defend their wickednesse , but confesse their sins , and professe sorrow for them . let the erastians of this time observe what their great master hath yeelded touching the ecclesiastical censure of prophane ones . which though it is not satisfactory to us , for reasons elsewhere given , yet it can be as little satisfactory to them . but whereas erastus together with those his concessions ( that hee may seem to have said somewhat ) falls a quarrelling with presbyteries for presuming to judge of the sincerity of that repentance professed by a scandalous sinner , and their not resting satisfied with a mans owne profession of his repentance . if his followers will now be pleased to reduce the controversie within that narrow circle , whether a presbyterie may excommunicate from the church , or at least suspend from the sacrament , any church-member , as an impenitent scandalous sinner , who yet doth not defend nor denie his sin by which he hath given scandall , but confesseth it , and professeth sincere and hearty repentance for it : ( which is the point that erasius is faine to hold at in the issue ) then i hope we shall be quickly agreed , and the controversie buried ; for we do rest satisfied with the offender his confession of his sinne , and profession of his repentance , unlesse his owne known words or actions give the lye to his profession of repentance ; that is , if he be known to justifie and defend his sin in his ordinary discourse , or to continue in the practice of the sin , which he professeth to the presbyterie he repents of ; if these or such like sure signes of his impenitency be known , must the presbyterie notwithstanding rest satisfied with his verbal profession of repentance ? all that fear god ( i think ) would cry shame , shame , upon such an assertion . and moreover , let us take it in the case of an idolater , heretick , apostate ( for erastus is content that such be excluded from the sacrament . ) suppose such a one doth confesse his sin , and professeth repentance , in the mean while is known to be a writer or spreader of books in defence of that idolatry or heresie , or to be a perswader and enticer of others secretly to that way , or if there be any other known infallible signe of his impenitency , must his verbal profession to the presbyterie in such cases be trusted and taken as satisfactory ? i am confident erastus himself would not have said so . wherefore as in the case of an heretick , so in the case of a prophane person , or one of a scandalous conversation , there is a necessity that the presbyterie examine the real signes of repentance , and the offenders verbal profession is not all . the third cause which helped forward the deadly malady and consumption of erastianisme ; was the grief , shame , confusion and losse which it sustained by the learning and labour of some divines in the reformed churches , who had to very good purpose taken pains to discover to the world the curled nature of that unlucky brood , being of the seed of the amalekites , which ought not to enter into the congregation of the lord. the divines who have more especially and particularly appeared against it , are ( to my observation ) these . beza de excommunicatione , & presbyterio contra erastum : which was not printed till erastus his reply unto it was first printed . whereunto as beza in a large preface layeth the foundation of a duply , so he had prepared and perfected his duply , had he not been hindred by the great troubl●s of geneva , at that time besieged by the duke of savoy ; beza himself being also at that time . yeares old ; howbeit for all this , he did not lay aside the resolution and thought of that duply , if he should have opportunity , and see it requisite or calld for ; all which is manifest from that preface . next to him , i reckon zacharias ursinus a most solid judicious divine , who did ( as i touched before ) exhibite to the prince elector palatine frederick the third , iudicium de disciplina ecclesiastica & excommunicatione ( which you may find in the end of his third tome ) wherein he doth soundly confute the theses of erastus , neither hath any reply been made thereto , that ever i could learn of ● also in his catecheticall explications , quaest , . he plainly disputes against the erastian principles . the more strange it is that mr. hussey in his epistle to the parliament would make them beleeve that ursinus is his , and not ours , in this controversie . after these , there did others , more lately , come upon the stage against the erastian principles , as casparus brochmand a lutheran , in system . theol. tom. . artic. de disciplina ecclesiastica , where he examineth the most substantiall arguments of erastus : antonius walaeus de munere ministrorum ecclesiae & inspectione magistratus circa illud . et in loc●… com . de clavivibus & potestate ecclesiastica . et tom , . disp. de disciplina ecclesiastica . helmichius de vocatione pastorum & institutione consistoriorum . d. triglandius in differtatione de potestate civili & ecclesiastica . d. revius in examine libelli de episcopatu constantini magni . d. apollonij 〈◊〉 majestatis circa sacra . d. cabeliavius de libertate ecclesiae in exercenda disciplina spirituali . dr. voqtius in his politica ecclesiastica , especially his disputations de potestate & politia ecclesiarum . beside acronius , thysius , ludov. a renesse , who were champions against that unhappy error revived in the low-countries by w●…enbogard a proselyte of the arminians . but now , while e●…astianisme did thus lye a dying , and like to breath its last , is there no physitian who will undertake the cure , and endeavour to raise it up from the gates of death to life ? yes , mr. coleman was the man , who ( to that purpose ) first appeared publikely ; first by a sermon to the parliament ; next , by debating the controversie with my selfe in writing ; and lastly , by engaging in a publike debate in the reverend assembly of divines , against this proposition : iesus christ as king and head of his church , hath appointed a governement in the church , in the hands of church-officers , distinct from the civil governement . after he had some dayes argued against this proposition ( having full liberty both to argue and reply as much as he pleased ) it pleased god to visit him with sicknesse , during which , the assembly ( upon intimation from himself , that he wished them to lay aside that proposition for a time , that if god should give him health again , he might proceed in his debate ) did goe upon other matter , and lay this aside for that season . the lord was pleased to remove him by death , before he could do what he intended in this , and other particulars . one of his intentions was to translate and publish in english the book of erastus against excommunication . but through gods mercy , before the poison was ready , there was one antidote ready , i mean mr. rutherford his answer to erastus . but though mr. coleman was the first man he was not the onely man that hath appeared in this present controversie in england . others ( and those of divers professions ) are come upon the stage . i shall leave every man to his judge , and shall judge nothing before the time . onely i shall wish every man to consider sadly and seriously , by what spirit and principles he is led , and whether he be seeking the things of christ , or his owne things ; whether he be pleasing men , or pleasing christ ; whether sin be more shamed , and holinesse more advanced , this way , or that way ; which way is most agreeable to the word of god , to the example of the best reformed churches ; and so to the sol●mne league and cov●nant . the controversie is now hot : every faithfull servant of christ , will be carefull to deliver his owne soule by his faithfulnesse , and let the lord do what seemeth him good . the cause is not ours , but christs ; it stands him upon his honour , his crowne , his lawes , his kingdom . our eyes are towards the lord , and we will wait for a divine decision of the businesse : for the lord is our judge , the lord is our law-giver , the lord is our king , he will save us . chap. ii. some postulata or common principles to be presupposed . for a foundation to the following discourse , i shall premise the particulars following , which i hope shall be condescended upon , and acknowledged , as so many 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . there must be a most conscientious and speciall care had , that there be not a promiscuous admission of all sorts of persons ( that please or desire ) to partake in all the publike ordinances of god : but a distinction is to be made of the precious and the vile , the clean and the unclean ; i mean those who are apparantly and visibly such . this was a principle and rule among the heathens themselves , therefore d when they came to doe sacrifice , the prophane were bidden be gone , and e caesar tells us , that of old the druides ( the heathnish french priests ) did interdict the flagitious from their sacrifices and holy things . these druides france had from england , if the observation of francis holy-oke out of tacitus , hold . . that censures and punishments ought to be appointed and inflicted , as for personal and private injuries between man and man , so much more for publike and scandalous sins , whereby god is very much dishonoured , and the church dangerously scandalized . tyberius his slighting maxime , deorum injurias dijs curae esse , may be entertained among atheists , but is exploded among all true christians . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is the christian maxime . care is to be first taken of things pertaining to god. . it is requisite and necessary , that he who hath given publick scandall and offence to the church , and hath openly dishonoured god by a grosse notorious sin , should honour god , edifie others , and ( so far as in him lyeth ) remove the offence by a publike confession of the sin , and declaration of his sorrow and repentance for the sa●ne ; and of his resolution ( through the grace of christ ) to do so no more : as many of the beleevers at ephesus did publikely confesse and shew their deeds : act. . . the syriack addeth their offences . a patterne of this confession we have in the law of moses , and jewish policie ( whereof else-where ) as likewise in the baptisme of iohn , matth. . . of this publike confession of sin , see festus honnius disp . . thes , . mr. hildersham on psal. . lect. . & . and diverse others . both the word of god , and the example of the best reformed churches , leadeth us this way . the centurists cent. . lib. . cap. . observe four kinds of confession in the new-testament : first , a confession of sin to god alone . iohn . . secondly , a confession coram ecclesia , before the church , when men acknowledge publikcly their wicked and scandalous deeds , and do professe their repenting and lothing of the same : and for this they cite act. . . thirdly , a confession one to another of particular private injuries and offences , chiefly recommended to those who are at variance , and have wronged one another . iam. . . fourthly , the confession or profession of the true faith. iohn . . . that publick shame put upon a scandalous sinner , and the separating or casting out of such an one , as the vlle from the precious , is the fittest and most eff●ctual means which the church can use to humble him , to break his heart , and to bring him to the acknowledgement of his offence . . that there may be and often are such persons in the church , whom f we must avoid , rom. . . withdraw from them . tim . . tim. . . thes. . . have no company with them . thes. . . not eat with them . cor. . . nor bid them god speed . epist. john , vers . . . . that since there must be a withdrawing from a brother that walketh disorderly and scandalously , it s more agreeable to the glory of god , and to the churches peace , that this be done by a publick authoritative ecclesiastical judgement and sentence , than wholly and solely to trust it to the piety and prudence of each particular christian , to esteem as heathens and publicans , whom , and when , and for what he shall think good , and accordingly to withdraw and separate from them . . that there is a distinction between magistracy and ministery , even iure divino . that the civil magistrate hath not power to abolish or continue the ministery in abstracto at his pleasure ; nor yet to make or unmake ministers in concreto , that is , to ordain or depose ministers , as he thinks fit . . as the offices are distinct g so is the power ; magistrates may do what ministers may not doe : and ministers may doe what magistrates may not do . . it is iuris communis , a principle of common equity and naturall reason , that the directive judgement in any matter doth chiefly belong to such as ( by their profession and vocation ) are devoted and set apart to the study and knowledge of such matters , and ( in that respect ) supposed to be ablest and fittest to give judgement thereof . a consultation of physitians is called for , when the magistrate desires to know the nature , symptomes , or cure of some dangerous disease . a consultation of lawyers , in legal questions . a councell of war in military expeditions . if the magistrate be in a ship at sea , he takes not on him the directive part of navigation , which belongs to the master , with the mates and pilot . neither doth the master of the ship ( if it come to a sea-fight ) take on him the directive part in the fighting , which belongs to the captain . and so in all other cases , artifici in sua arte credendum . wherefore though the judgement of christian prudence and discretion belongs to every christian , and to the magistrate in his station ; and though the magistrate may be , and sometime is learned in the scriptures , and well acquainted with the principles of true divinity , yet ut plurimum , and ordinarily , especially in a rightly reformed and well constituted church , ministers are to be supposed to be fittest and ablest to give a directive judgement in things and causes spiritual and ecclesiastical : with whom also other ruling church . officers do assist and joyne , who are more experimentally and practically ( they ought also , and diverse times are more theoretically ) acquainted with the right way and rules of church-government and censures ; then the civil magistrate ( when he is no ruling elder in the church , which is but accidentall ) can be rationally or ordinarily supposed to be . . there is some power of governement , in the church given to the ministery by christ : else why are they said to be set over us in the lord , and called rulers and governours , as we shall see afterwards ? chap. iii. what the erastians yeeld unto vs , and what we yeeld unto them . for better stating of the controversie , we shall first of all take notice of such particulars as are the opposites concessions to us , or our concessions to them . their concessions are these . . h that the christian magistrate in ordering and disposing of ecclesiastical causes and matters of religion , is tyed to keep close to the rule of the word of god ; and that as he may not assume an arbitrary government of the state , so far lesse of the church . . that church-officers may exercise church-government , and authority in matters of religion , where the magistrate doth not professe and defend the true religion : in such a case two governments are allowed to stand together , one civil , another ecclesiastical . this i erastus granteth , as it were by constraint , and it seems by way of compliance with the divines of zurik ( who hold excommunication by church-officers under an infidel magistrate , and that iure divino ) to move them to comply the more with him in other particulars . . that the abuse of church-governement is no good argument against the thing it self : there being no authority so good , so necessary in church or state , but by reason of their corruptions who manage it , may be abused to tyranny and opression . these are mr. prinnes words , vindic. of the . questions pag. . . that some jurisdiction belongs to presbyteries by divine right . mr. prynne in his epistle dedicatory before the vindication of his four questions , saith , that his scope is , not to take from our new presbyteries , all ecclesiastical jurisdiction due by divine right to them , but to confine it within certain definite limits , to prevent all exorbitant abuses of it . . that the christian magistrate ought not , may not preach the word , nor minister the sacraments . mr. coleman in his brotherly examination re-examined pag. . i never had it in my thoughts that the parliament had power of dispensing the word and sacraments : then so far there is a distinction of magistracy and ministery iure divino : yet in this he did not so well agree with k erastus . . that the ministery is iure divino , and ministers have their power and authority of preaching the word derived to them from christ , not from the magistrate . so mr. hussey in his epistle to my self . we preach the word with all authority from christ , derived to us by those of our brethren that were in commission before us . magistrates may drive away false teachers , but not the preachers of the gospel but at their utmost peril . . they admit and allow of presbyteries , so that they doe not exercise government and jurisdiction . erast. lib. . cap. . our concessions to our opposites , are these . . that all are not to be admitted promiscuously either to be governours or members in the ecclesiastical republick , that is , in a visible political church . none are to governe l nor to be abmitted members of presbyteries or synods , except such as both for abilities and conversation , are qualified according to that which the apostle paul requireth a bishop or elder to be . scandalous or prophane church-officers are the worst of dogs and swine , and to be first cast out . and as all are not to governe , so all are not to be governed ecclesiastically ; but onely church-members , cor. . . therefore what hath been objected concerning many both pastors and people in england , who are still branches of the old stock , doth not strike against what we hold . all are not sit for a church-government . therefore those that are fit shall not have a church-government . so they must argue ; or thus , a popish people are not fit to be governed presbyterially , and episcopal ministers are not fit to governe ; therefore the rest of the nation shall want a government . . presbyteriall government is not despotical , but ministerial , it is not a dominion , but a service . we are not lords over gods heritage : pet. . . but we are the servants both of christ and of his church . we preach not our selves , saith the apostle , but christ jesus the lord , and our selves your servants for jesus sake . cor. . . . that power of government with which pastors and elders are invested , hath for the object of it , not the external man , but the inward man. it is not , nor ought not to be exercised in any compulsive , coercive , corporal , or civil punishments . when there is need of coertion or compulsion , it belongs to the magistrate , not to the minister , though the question be of a matter of religion ; of persons or things ecclesiastical . which as it is rightly observed by m salmasius , so he further asserteth against the popish writers , that all ecclesiastical jurisdiction hath for the object of it , onely the inward man ; for consider the end of church-censures , saith he , even when one is ex communicated or suspended from the sacrament , it is but to reduce him and restore him by repentance , that he may again partake of the sacrament rightly and comfortably : which repentance is in the soule or inward man , though the signes of it appear externally . . presbyterial government is not an arbitrary government ; for clearing whereof take these five considerations . . we can do nothing against the truth but for the truth : and the power which the lord hath given u● , is to edification and not to destruction cor. . all presbyterial proceedings must be levelled to this end , and squared by this rule . . presbyters and presbyteries are 〈◊〉 to the law of the land , and to the corrective power of the magistrate ; quatenus ecclesia est in republica , & reipub. pars , non respublica ecclesiae : in so far as the church is in the common-wealth , and a part of the common-wealth ; not the common-wealth a part of the church , saith salmasius appar . ad lib. de primatu pag. . for which , pag. . he cites , optatus milivitanus lib. . non enim respullica est in ecclesia , sed ecclesia in republica . ministers and elders are subjects and members of the common-wealth , and in that respect punishable by the magistrate , if they transgresse the law of the land. . yea also as church-officers , they are to be kept within the limits of their calling , and compelled ( if need be ) by the magistrate to do those duties which by the clear word of god and received principles of christian religion , or by the received ecclesiastical constitutions of that church , they ought to do . . and in corrupto ecclesiae statu , i mean , if it shall ever happen ( which the lord forbid , and i trust shall never be ) that presbyteries , or synods shall make defection from the truth to errour , from holinesse to prophanesse , from moderation to tyranny and persecution , censuring the innocent and absolving the guilty , as popery and prelacy did , and there being no hopes of redressing such enormities in the ordinary way by intrinsecal ecclesiastical remedies , that is , by well-constituted synods , or assemblies of orthodox , holy , moderate presbyters : in such an extraordinary exigence , the christian magistrate may and ought to interpose his authority to do diverse things which in an ordinary course of government he ought not to do ; for in such a case , magistracy ( without expecting the proper intrinsecal remedy of better ecclesiasticall assemblies ) may immediately , by it self , and in the most effectual manner , suppresse and restrain such defection , exorbitancy , and tyranny , and not suffer the unjust , heretical , tyrannical sentences of presbyteries or synods to be put in execution . howbeit in ecclesia bene constituta , in a well constituted and reformed church , it is not to be supposed , that the condition of affairs will be such as i have now said . we heartily acknowledge with mr. cartwright annot . on mat. . sect. . that it belongeth to the magistrate , to reforme things in the church , as often as the ecclesiastical persons shall either through ignorance , or disorder of the affection of covetuousnesse or ambition , d●…file the lords sanctuary . for saith iunius animad . in bell. contr . . lib. . cap. . & . both the church when the concurrence of the magistrate faileth , may extraordinarily doe something which ordinarily she cannot : and again when the church faileth of her duty , the magistrate may extraordinarily procure , that the church return to her duty . . i dare confidently say , that if comparisons be rightly made , presbyterial government is the most limitted and the least arbitrary government of any other in the world . i should have thought it very unnecessary and superfluous , to have once named here the papal government , or yet the prelatical , but that mr. prynn in his preface to his four grand questions , puts the reverend assembly of divines in mind , that they should beware of usurping that which hath been even by themselves disclaimed against , and quite taken away from the pope and prelats . mr. coleman also in his sermon brought objections from the usurpations of pope paul the fift , and of the archhbishop of canterbury : well , if we must needs make a comparison , come on . the papal usurpations are many . . the pope takes upon him to determine what belongs to the canon of scripture , what not ? . that he onely can determine what is the sence of scripture . . he addeth unwritten traditions . . he makes himself judge of all controversies . . he dispenseth with the law of god it self . . he makes himself above general councels . . his government is monarchical . . he receiveth appeals from all the nations in the world . . he claimeth infallibility at least ex cathedra . . he maketh lawes absolutely binding the conscience , even in things indifferent . . he claimeth a temporal dominion over all the kingdoms in the world . . he saith he may depose kings , and absolve subjects from their oath of allegiance . . he persecuteth all with fire and sword and anathema's , who do not subject themselves to him . . he claimeth the sole power of convocating general councels . . and of presiding or moderating therein by himself or his legates . what conscience or ingenuity can there now be , in making any parallel between papall and presbyteriall governement ? as little there is in making the comparison with prelacy , the power whereof was indeed arbitrary and impatient of those limitations and rules which presbyteries and synods in the reformed churches walkby . for . the prelate was but one , yet he claimed the power of ordination and jurisdiction as proper to himself in his owne diocesse . we give the power of ordination and church censures not uni , but unitati , not to one , but to an assembly gathered into one . . the prelate assumed a perpetual precedency and a constant priviledge of moderating synods , which presbyterial government denyeth to any one man. . the prelate did not tye himself either to aske or to receive advice from his fellow presbyters , except when he himself pleased . but there is no presbyteriall nor synodicall sentence , which is not concluded by the major part of voices . . the prelate made himself pastor to the whole diocesse ( consisting it may be of some hundreds of congregations ) holding that the ministers of particular congregations did preach the word and minister the sacraments , in his name by vertue of authority and order from him , and because he could not act by himself in every congregation . the presbyteriall government acknowledgeth no pastorall charge of preaching the word and ministring the sacraments to more congregations then one ; and doth acknowledge the pastors of particular churches , being lawfully called , to have power and authority for preaching the word and ministring the sacraments in the name of christ , and not in the name of the presbyterie . . the prelates as they denyed the power and authority of pastors , so they utterly denyed the very offices of ruling elders , and deacons for taking more especiall care of the poor , in particular congregations . . they did not acknowledge congregationall elderships , nor any power of discipline in particular congregations which the presbyteriall government doth . . they intruded pastors oft times against the consent of the congregation , and reclamante ecclesiâ , which the presbyteriall government doth not . . they ordained ministers without any particular charge , which the presbyterial government doth not . in synods they did not allow any but the clergie alone ( as they kept up the name ) to have decisive suffrage . the presbyterial government gives decisive voices to ruling elders as well as to pastors . . the prelates declined to be accountable to and censurable by either chapters , diocesan or nationall synods . in presbyteriall government all ( in whatsoever ecclesiasticall administration ) are called to an account in presbyteries , provinciall and nationall assemblies respectively , and none are exempted from synodicall censures in case of scandall and obstinacy . . the prelates power was not meerly ecclesiasticall , they were lords of parliament , they held civil places in the state , which the presbyterial government condemneth . . the prelats were not chosen by the church , presbyters are . . the prelates did presume to make lawes binding the conscience , even in things indifferent , and did persecute , imprison , fine , depose , excommunicate men for certain rites and ceremonies acknowledged by themselves to be indifferent ( setting aside the will and authority of the law makers ) this the presbyteriall government abhorreth . . they did excommunicate for money matters , for trifles . which the presbyteriall government condemneth . . the prelates did not allow men to examine by the judgement of christian and private discretion , their decrees and canons , so as to search the scriptures and look at the warrants , but would needs have men think it enough to know the things to be commanded by them that are in place and power . presbyteriall government doth not lord it over mens consciences , but admitteth ( yea commendeth ) the searching of the scriptures , whether these things which it holds forth be not so , and doth not presse mens consciences with sic volo , sic jubeo , but desireth they may doe in faith what they do . . the prelates held up pluralities , non-residencies &c. which the presbyteriall government doth not . as many of the prelates did themselves neglect to preach the gospel , so they kept up in diverse places a reading non-preaching ministery : which the presbyteriall goverment suffereth not . . they opened the door of the ministery to diverse scandalous , arminianized , and popishly affected men , and locked the door upon many worthy to be admitted . the presbyteriall government herein is as contrary to theirs , as theirs was to the right . . their official courts , commissaries , &c. did serve themselves h●ires to the sons of eli , nay , but thou shalt give it me now , and if not , i will take it by force . the presbyterial government 〈◊〉 such proceedings . . the prelates and their high-commission court did assume pot●…statem utriusque gladij , the power both of the temporall and civil sword. the presbyteriall government medleth with no civil nor temporall punishments . i do not intend to enumerate all the differences between the papal and prelatical government on the one side , and the presbyterial government on the other side ; in this point of unlimitednesse or arbitrarynesse . these differences which i have given , may serve for a consciencious caution to intelligent and moderate men , to beware of such odiou● and unjust comparisons , as have been used by some , and among others by mr. sal●…marsh in his parallel between the prelacy and presbyterie : which as it cannot strike against us , nor any of the reformed churches ( who acknowledge no such presbyterie as he describeth ) and in some particulars , striketh at the ordinance of parliament ( as namely in point of the directory ) so he that hath a mind to a recrimination , might with more truth lay diverse of those imputations upon those , whom ( i beleeve ) he is most unwilling they should be laid upon . in the third place , the presbyterian government is more limited and lesse arbitrary than the independent government of single congregations , which exempting themselves from the presbyterial subordination , and from being accountable to , and censurable by classes or synods , must needs be supposed to exercise a much more unlimited or arbitrary power , than the presbyterial churches do : especially when this shall be compared and laid together with one of their three grand principles , which disclaimeth the binding of themselves for the future unto their present judgement and practice , and avoucheth the keeping of this reserve to alter and retract . see their apologetical narration , pag. , . by which it appeareth that their way will not suffer them to be so far moulded into an uniformity , or bounded within certain particular rules ( i say not with others , but even among themselves ) as the presbyterian way will ad●it of . finally , the presbyterial government hath no such liberty nor arbitrarinesse , as civil or military government hath : there being in all civil or temporal affairs a great deal of latitude 〈◊〉 to those who manage the same , so that they command nor act nothing against the word of god. but presbyterial government is tyed up to the rules of scripture , in all such particulars as are properly spiritual and proper to the church ; though in other particular , occasional circumstances of times , places , accommodations , and the like , the same light of nature and reason guideth both church and state ; yet in things properly spiritual and ecclesiastical , there is not near somuch latitude left to the presbytery , as there is in civil affairs to the magistrate . and thus i have made good what i said , that presbyterial government is the most limited and least arbitrary government of any other . all which vindication and clearing of the presbyterial government , doth overthrow ( as to this point ) master hussey's observation , pag. . of the irregularity and arbitrarinesse of church-government . and so much of my fourth conc●ssion . the fifth shall be this : 't is far from our meaning , that the christian magistrate should not meddle with matters of religion , or things and causes ecclesiastical , and that he is to take care of the common-wealth , but not of the church . certainly there is much power and authority which by the word of god , and by the confessions of faith of the reformed churches , doth belong to the christian magistrate in matters of religion . which i do but now touch by the way , so far as is necessary to wipe off the aspersion cast upon presbyterial government . the particulars i refer to chapter . our sixth concession is , that in extraordinary cases , when church-government doth degenerate into tyranny , ambition , and avarice ; and they who have the managing of the ecclesiastical power , make defection and fall into manifest heresy , impiety , or injustice , ( as under popery and prelacy it was for the most part : ) then , and in such cases ( which we pray and hope we shall never see again ) the christian magistrate may and ought to do diverse things in and for religion , and interpose his authority diverse wayes , so as doth not properly belong to his cognizance , decision , and administration , ordinarily , and in a reformed and well constituted church . for extraordinary diseases must have extraordinary remedies . more of this before . a seventh concession is this : the civil sanction added to church-government and discipline , is a free and voluntary act of the magistrate . that is , church-government doth not ex 〈◊〉 〈◊〉 , necessitate the magistrate to aid , assist , or corroborate the same , by adding the strength of a law. but the magistrate is free in this , to do or not to do , to do more or to do lesse , as he will answer to god and his conscience : it is a cumulative act of favour done by the magistrate . my meaning is not , that it is free to the magistrate ▪ in genere moris ; but in genere entis . the magistrate ought to adde the civil sanction hic & nunc , or he ought not to do it . it is either a duty , or a sin ; it is not indifferent . but my meaning is , the magistrate is free herein from all coaction , yea from all necessity and obligation ; other then ariseth from the word of god , binding his conscience . there is no power on earth , civil or spiritual , to constrain him . the magistrate himself is his own judge on earth , how far he is to do any cumulative act of favour to the church . which takes off that calumny , that presbyterial government doth force or compel the conscience of the magistrate . i pray god we may never have cause to state the question otherwise , i mean , concerning the magistrate his forbidding what christ hath commanded , or commanding what christ hath forbidden : in which case we must serve christ and our consciences , rather then obey laws contrary to the word of god and our covenant : whereas in the other case , of the magistrate his not adding of the civil sanction , we may both serve christ , and do it without the least appearance of disobedience to the magistrate . eighthly , we grant that pastors and elders , whether they be considered distributively , or collectively in presbyteries and synods , being subjects and members of the common-wealth , ought to be subject and obedient in the lord to the magistrate and to the law of the land ; and as in all other duties , so in civil subjection and obedience they ought to be ensamples to the flock ; and their trespasses against law are punishable , as much , yea , more then the trespasses of other subjects . of this also before . ninthly , if the magistrate be offended , at the sentence given , or censure inflicted by a presbytery or a synod , they ought to be ready in all humility and respect , to give him an account and reason of such their proceedings , and by all means to endeavour the satisfaction of the magistrate his conscience : or otherwise to be warned and rectified , if themselves have erred . chap. iv. of the agreements and differences between the nature of the civil and of the ecclesiastical powers or governments . having now observed what ▪ our opposites yeeld to us , or we to them , i shall for further unfolding of what i plead for , or against , adde here the chief agreements and differences between the civil and ecclesiastical powers , so far as i apprehend them . they both agree in these things : . they are both from god ; both the magistrate , and the minister is authorized from god , both are the ministers of god , and shall give account of their administrations to god. . both are tyed to observe the law and commandments of god : and both have certain directions from the word of god to guide them in their administration . . both civil magistrates and church officers are fathers ▪ and ought to be honoured and obeyed according to the fifth commandment : utrumque scilicet dominium , saith luther , tom. . fol. . both governments , the civil and the ecclesiastical , do pertain to that commandment . ▪ both magistracy and ministery are appointed for the glory of god as supreme , and for the good of men as the subordinate end . . they are both of them mutually aiding and auxiliary , each to other . magistracy strengthens the ministery , and the ministery strengthens magistracy . . they agree in their general kinde ; they are both powers and governments . . both of them require singular qualifications , eminent gifts and endowments ▪ and of both it holds true , quis ad haec idoneus ? . both of them have degrees of censures and correction according to the degrees of offences . . neither the one nor the other may give out sentence against one who is not convict , or whose offence is not proved . . both of them have a certain kind of jurisdiction in foro exteriori . for though the ecclesiastical power be spiritual , and exercised about such things as belong to the inward man onely ; yet as dr. rivet upon the decalogue , pag. . . saith truly , there is a two-fold power of external jurisdiction which is exercised in foro exteriori : one by church-censures , excommunication , lesser and greater ▪ which is not committed to the magistrate , but to church-officers : another , which is civil and coercive , and that is the magistrates . but mr. coleman told us , he was perswaded it will trouble the whole world to bound ecclesiastical and civil jurisdiction , the one from the other ; maledicis pag. . well : i have given ten agreements . i will now give ten differences . the difference between them is great ; they differ in their causes , effects , objects , adjuncts , correlations , executions , and ultimate terminations . . in the efficient cause . the king of nations hath instituted the civil power ; the king of saints hath instituted the ecclesiastical power . i mean the most high god , possessor of heaven and earth , who exerciseth soverainty over the workmanship of his own hands , and so over all mankind , hath instituted magistrates to be in his stead , as gods upon earth . but iesus christ as mediator and king of the church , whom his father hath set upon his holy hill of zion , psal. . . to reigne over the house of jacob for ever , luke . . who hath the key of the house of david laid upon his shoulder , isa. . . hath instituted an ecclesiastical power and goverment in the hands of church-officers , whom in his name he sendeth forth . . in the matter , magistracy or civil power hath for the matter of it the earthly scepter and the temporal sword : that is , it is monarchical and legislative : it is also punitive or coercive of those that do evil ; understand , upon the like reason , remunerative of those that do well . n the ecclesiastical power hath for the matter of it , the keyes of the kingdom of heaven . . the key of knowledge or doctrine , and that to be administred , not onely severally by each minister concionaliter , but also consistorially and synodically in determining controversies of faith , and that according to the rule of holy scripture onely : which is clavis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . the key of order and decency , so to speak : by which the circumstances of gods worship and all such particulars in ecclesiastical affairs , as are not determined in scripture , are determined by the ministers and ruling officers of the church , so as may best agree to the generall rules of the word concerning order and decency , avoyding of scandall , doing all to the glory of god , and to the edifying of one another . and this is clavis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . the key of corrective discipline or censures to be exercised upon the scandalous and obstinate : which is clavis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . adde also the key of ordination or mission of church-officers , which i may call clavis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the authorizing or power giving key , others call it missio potestativa . . they differ in their formes . the power of magistracy is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it is an authority or dominion exercised in the particulars above mentioned , and that in an immediate subordination to god : for which reason magistrates are called gods . the ecclesiastical power is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 onely . it is meerly ministeriall and steward-like , and exercised in an immediate subordination to iesus christ , as king of the church , and in his name and authority . . they differ in their ends . the supreme end of magistracy is onely the glory of god , as king of nations , and as exercising dominion over the inhabitants of the earth : and in that respect the magistrate is appointed to keep his subjects within the bounds of external obedience to the moral law , the obligation where of lyeth upon all nations , and all men . the supreme end of the ecclesiastical power , is either proximus or remotus . the neerest and immediate end is the glory of iesus christ , as mediator and king of the church . the more remote end is the glory of god , as having all power and authority in heaven and earth . you will say , must not then the christian magistrate intend the glory of iesus christ , and to be subservient to him as he is mediator and king of the church ? certainly he ought and must ; and god forbid but that he should do so . but how ? not qua magistrate , but qua christian. if you say to me again , must not the christian magistrate intend to be otherwise subservient to the kingdom of iesus christ as mediator , then by personal or private christian duties , which are incumbent to every christian ? i answer , no doubt he ought to intend more , even to glorifie iesus christ in the administration of magistracy . which that you may rightly apprehend , and that i be not misunderstood , take this distinction . it is altogether incumbent to the ruling officers of the church , to intend the glory of christ as mediator , even ex natura rei , in regard of the very nature of ecclesiasticall power and government which hath no other end and use for which it was intended and instituted , but to be subservient to the kingly office of iesus christ in the governing of his church upon earth ( and therefore sublata ecclesiâ perit regimen ecclesiasticum , take away the church out of a nation , and you take away all ecclesiasticall power of government , which makes another difference from magistracy , as we shall see anon . ) but the magistrate though christian and godly , doth not ex natura rei , in regard of the nature of his particular vocation ▪ intend the glory of iesus christ as mediator , and king of the church : but in regard of the common principles of christian religion , which do oblige every christian in his particular vocation and station ( and so the magistrate in his ) to intend that end . all christians are commanded that whatever they do in word or deed , they do all in the name of the lord iesus , col. . . that is , according to the will of christ , and for the glory of christ : and so a marchant , a mariner , a tradesman , a school-master , a captain , a souldier , a printer , and in a word , every christian in his own place and station ought to intend the glory of christ , and the good of his church and kingdom . upon which ground and principle , if the magistrate be christian , it is incumbent to him so to administer that high and eminent vocation of his , that christ may be glorified as king of the church , and that this kingdom of christ may flourish in his dominions , ( which would god every magistrate called christian did really intend . ) so then the glory of christ as mediator and king of the church , is to the ministery both finis operis , and finis operantis . to the magistrate , though christian , it is onely finis operantis ; that is , it is the end of the godly magistrate , but not the end of magistracy : whereas it is not onely the end of the godly minister , but the end of the ministery it self . the ministers intendment of this end , flowes from the nature of their particular vocation . the magistrates intendment of the same end , flowes from the nature of their general vocation of christianity , acting , guiding , and having influence into their particular vocation . so much of the supreme ends . now the subordinate end of all ecclesiastical power , is , that all who are of the church , whether officers or members , may live godly , righteously , and soberly in this present world , be kept within the bounds of obedience to the gospel , void of all known offence toward god , and toward man , and be made to walk according to the rules delivered to us by christ and his apostles . the subordinate end of the civil power is , that all publike sins committed presumptuously against the moral law , may be exemplarly punished , and that peace , justice , and good order may be preserved and maintained in the common-wealth , which doth greatly redound to the comfort and good of the church , and to the promoting of the course of the gospel ▪ for this end the apostle bids us pray for kings , and all who are in authority ( though they be pagans , much more if they be christians ) that we may live under them a peaceable and quiet life , in all godlinesse and honesty : ▪ tim. . . he saith not simply , that we may live in godlinesse and honesty , but that we may both live peaceably and quietly , and also live godly and honestly : which is the very same that we commonly say of the magistrate , that he is custos utriusque tabulae . he is to take speciall care that all his subjects be made to observe the law of god , and live not onely in moral honesty , but in godlinesse , and that so living , they may also enjoy peace and quietnesse . more particularly ; the end of church censures is , that men may be ashamed , humbled , reduced to repentance , that their spirit may be saved in the day of the lord. the end of civil punishments inflicted by the magistrate is , that justice may be done according to law , and that peace and good order may be maintained in the common-wealth , as hath been said . the end of delivering hymeneus and alexander to satan , was , that they may learn not to blaspheme , tim. . . erastus yeelds to beza , pag. . that the apostle doth not say ut non possint blasphemare , that henceforth they may not be able to sin as they did before ( which yet he acknowledgeth to be the end of civil punishments , ) but that they may learn not to blaspheme . wherefore when he expounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to no other sence but this , that the apostle had delivered those two to be killed by satan , ut non possint , that they may not be able to blaspheme so any more ; just as a mastgirate delivers a theef from the gallows , that he may not be able to steal any more , and ( as he tels us some speak ) that he may learn to steal no more : he is herein confuted , not onely out of the text , but out of himself . so then , the end of church-censures is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that the offenders may learn or be instructed to do so no more ; which belongeth to the inward man or soul. the end of civil punishments is , ut non possint ( as erastus tels us ) that the offenders may not be able or at least ( being alive and some way free ) may not dare to do the like , the sword being appointed for a terrour to them who do evil , to restrain them from publike and punishable offences , not to work upon the spirit of their mindes , nor to effect the destroying of the flesh by mortification , that the spirit may be safe in the day of the lord. the fifth difference between the civil and ecclesiastical powers , is in respect of the effects . the effects of the civil power are civil laws , civil punishments , civil rewards . the effects of the ecclesiastical power , are determinations of controversies of faith , canons concerning order and decency in the church , ordination or deposition of church-officers , suspension from the sacrament , and excommunication . the powers being distinct in their nature and causes , the effects must needs be distinct , which flow from the actuating and putting in execution of the powers . i do not here speak of the effects of the ecclesiastical power of order , the dispensing of the word and sacraments ; but of the effects of the power of jurisdiction or government , of which onely the controversic is . sixthly : the civil power hath for the object of it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the things of this life , matters of peace , war , justice , the kings matters , and the countrey-matters , those things that belong to the external man : but the ecclesiastical power hath for the object of it , things pertaining to god , the lords matters , as they are distinct from civil matters , and things belonging to the inward man , distinct from the things belonging to the outward man. this difference protestant writers do put between the civil and ecclesiastical powers . fr. junius ecclesiast . lib. . cap. . saith thus : we have put into our definition humane things to be the subject of civil administration : but the subject of ecclesiastical administration , we have taught to be things divine and sacred . things divine and sacred we call both those which god commandeth for the sanctification of our minde and conscience , as things necessary ; and also those which the decency and order of the church requireth to be ordained and observed , for the profitable and convenient use of the things which are necessary : for example , prayers , the administration of the word and sacraments , ecclsiastical censure , are things necessary and essentially belonging to the communion of saints : but set dayes , set hours , set places , fasts ▪ and the like , belong to the decency and order of the church &c. but humane things we call such as touch the life , the body ▪ goods and good name , as they are expounded in the second table of the decalogue ; for these are the things in which the whole civil administration standeth . tilen , synt. part . . disp . . tels us to the same purpose , that civil government or magistracy versatur circa res terrenas & hominem externum . magistratus , saith danaui pol. christ. lib. . cap. . instituti sunt à deo rerum humanarum quae hominum societati necessariae sunt , respectu , & ad earum curam . if it be objected , how can these things agree with that which hath been before by us acknowledged , that the civil magistrate ought to take special care of religion , of the conservation and purgation thereof , of the abolishing idolatry and superstition ; and ought to be custos utriusque tabulae , of the first , as well as second table ? i answer , that magistrates are appointed , not onely for civil policy , but for the conservation and purgation of religion ▪ as is expressed in the confession of faith of the church of scotland , before cited , we firmly beleeve , as a most undoubted truth . but when divines make the object of magistracy to be onely such things as belong to this life and to humane society , they do not mean the object of the magistrates care ( as if he were not to take care of religion ; ) but the object of his operation . the magistrate himself may not assume the administration of the keys , nor the dispensing of church-censures ; he can but punish the external man with external punishments . of which more afterwards . the seventh difference stands in the adjuncts : for . the ecclesiastical power in presbyterial or synodical assemblies , ought not to be exercised without prayer and calling upon the name of the lord , matth. . . there is no such obligation upon the civil power , as that there may be no civil court of justice without prayer . . in divers cases civil jurisdiction hath been and is in the person of one man : but no ecclesiastical jurisdiction is committed to one man , but to an assembly in which two at least must agree in the thing , as is gathered from the text last cited . . no private or secret offence ought to be brought before an ecclesiastical court , except in the case of contumacy and impenitency , after previous admonitions : this is the ordinary rule , not to dispute now extraordinary exceptions from that rule . but the civil power is not bound up by any such ordinary rule : for i suppose , our opposites will hardly say ( at least hardly make it good ) that no civil injury or breach of law and justice , being privately committed , may be brought before a civil court , except first there be previous admonitions , and the party admonished prove obstinate and impenitent . the eighth difference stands in their correlations . the correlatum of magistracy is people embodied in a common-wealth , or a civil corporation . the correlatum of the ecclesiastical power is people embodied in a church , or spiritual corporation . the common-wealth is not in the church , but the church is in the common-wealth , that is , one is not therefore in or of the church , because he is in or of the common-wealth , of which the church is a part ; but yet every one that is a member of the church , is also a member of the common-wealth , of which that church is a part . the apostle distinguisheth those that are without , and those that are within in reference to the church , who were notwithstanding both sorts within in reference to the common-wealth , cor. . , . the correlatum of the ecclesiastical power may be quite taken away by persecution , or by defection , when the correlatum of the civil power may remain . and therefore the ecclesiastical and the civil power do not se mutuò ponere & tollere . ninthly : there is a great difference in the ultimate termination . the ecclesiastical power can go no further then excommunication , or ( in case of extraordinary warrants , and when one is known to have blasphemed against the holy ghost ) to auathema maranatha . if one be not humbled and reduced by excommunication , the church can do no more , but leave him to the judgement of god , who hath promised to ratifie in heaven , what his servants in his name , and according to his will , do upon earth . salmasius spends a whole chapter in confuting the point of the coactive and magistratical jurisdiction of bishops . see walo messal . cap. . he acknowledgeth in that very place , pag. , , , ▪ that the elders of the church have in common the power of ecclesiastical discipline , to suspend from the sacrament and to excommunicate , and to receive the offender again upon the evidence of his repentance . but the point he asserteth is , that bishops or elders have no such power as the magistrate hath , and that if he that is excommunicate do not care for it , nor submit himself , the elders cannot compel him . but the termination or quo usque of the civil power , is most different from this . it is unto death , or to banishment , or to confiscation of goods , or to imprisonment . ezra . . tenthly : they differ in a divided execution . that is , the ecclesiastical power ought to censure sometime one whom the magistrate thinks not fit to punish with temporal or civil punishments : and again , the magistrate ought to punish with the temporal sword , one whom the church ought not to cut off by the spiritual sword. this difference pareus gives , explic . catech. quaest . . art . . and it cannot be denied : for those that plead most for liberty of conscience ▪ and argue against all civil or temporal punishments of hereticks , do notwithstanding acknowledge , that the church whereof they are members ought to censure and excommunicate them , and doth not her duty except she do so . the church may have reason to esteem one as an heathen and a publican that is no church-member , whom yet the magistrate in prudence and policy doth permit to live in the common-wealth . again , the most notorious and scandalous sinners , blasphemers , murtherers , adulterers , incestuous persons , robbers , &c. when god gives them repentance , and the signes thereof do appear , the church doth not binde but loose them , doth not retain but remit their sins ; i mean ministerially and declaratively . notwithstanding the magistrate may and ought to do justice according to law , even upon those penitent sinners . chap. v. of a twofold kingdom of iesus christ : a general kingdom , as he is the eternal son of god , the head of all principalities and powers , raigning over all creatures : and a particular kingdom , as he is mediator , raigning over the church onely . the controversie which hath been moved concerning the civil magistrate his vicegerentship , and the holding of his office ▪ of and under and for jesus christ as he is mediator , hath a necessary coherence with , and dependance upon another controversie concerning a twofold kingdom of jesus christ ; one , as he is the eternal son of god , raigning together with the father and the holy ghost over all things ; and so the magistrate is his vicegerent , and holds his office of and under him : another as mediator and head of the church , and so the magistrate doth not hold his office of and under christ as his vicegerent . wherefore before i come to that question concerning the origination and tenure of the magistrate's office , i have thought good here to premise the enodation of the question concerning the twofold kingdom of jesus christ. it is a distinction which master hussey cannot endure ▪ and no marvel ; for it overturneth the foundation of his opinion . he looks upon it as an absurd assertion , pag. . shall he have one kingdom as mediator , and another as god ? he quarrelleth all that i said of the twofold kingdom of christ , and will not admit that christ as mediator is king of the church onely , pag. , , , , , . the controversie draweth deeper then he is aware of : for socinians and photinians finding themselves puzzled with those arguments which ( to prove the eternal godhead of jesus christ ) were drawn from such scriptures as call him god , lord , the son of god ; also from such scriptures as ascribe worship and adoration to him ; and from the texts which ascribe to him a supreme lordship , dominion , and kingdom over all things : ( for this hath been used as one argument for the godhead of jesus christ and his consubstantiality with the father . the father raigns , the son raigns , the holy ghost raigns . vide lib. isaaci clari hispani adversus varimadum arianum : ) thereupon they devised this answer ▪ that jesus christ in respect of his kingly office , and as mediator , is called god , and lord , and the son of god , ( of which see fest. honnij specimen controv. belgic . pag. . ionas schlichtingius contra meisnerum pag. . ) and that in the same respect he is worshipped , that in the same respect he is king , and that the kingdom which the scripture ascribeth to jesus christ , is onely as mediator and head of the church , and that he hath no such universal dominion over all things as can prove him to be the eternal son of god. this gave occasion to orthodox-protestant-writters , more fully and distinctly to assert the great difference between that which the scripture saith of christ , as he is the eternal son of god ; and that which it saith of him , as he is mediator : and particularly to assert a twofold kingdom of jesus christ , and to prove from scripture , that besides that kingdom which christ hath as mediator , he hath another kingdom over all things which belongs to him onely as he is the eternal son of god. this the socinians to this day do contradict , and stisly hold that christ hath but one kingdom , which he exerciseth as mediator over the church , and in some respect over all things ; but by no means they admit that christ as god raigneth over all things : but our writters still hold up against them the distinction of that twofold kingdom of jesus christ. see stagmanni photinianismus disp. . quaest . . the same distinction of the twofold kingdom of christ , as god , and as mediator , is frequently to be found in protestant writers . see synops. pur . theol. disp. . thes . . gomarus in obad. vers . ult . the late english annotations on cor. . . and many others . let o polanus speak for the rest . see also the same distinction cleared and asserted by master apollonius in his ius majestatis circa sacra , part . . pag. . & seq . the arguments to prove that distinction of the twofold kingdom of christ , are these : first , those kingdoms of which the one is accessory and adventitions to the son of god , and which , if it were not , the want of it could not prove him not to be god : the other necessarily floweth from his godhead , so that without it he were not god ; are most different and distinct kingdoms . but the kingdom of christ as mediator , and the kingdom of christ as he is the eternal son of god , are such . ergo : if the son of god had never received the office of mediator , and so should not have raigned as mediator , yet he had been the natural son of god ; for this could not be a necessary consequence , he is the natural son of god , therefore he is mediator ; for he had been the natural son of god , though he had not been mediator , and though man had not been redeemed . but if you suppose that the son of god raigns not as god with the father and the holy ghost , from everlasting to everlasting , then you must needs suppose that he is not the natural and eternal son of god. secondly , those kingdoms of which the one is proper and personal to jesus christ god-man ; the other is not proper and personal , but common to the father and the holy ghost , are most different and distinct kingdoms . but the kingdom of jesus christ as mediator , and his kingdom as he is the eternal son of god , are such . ergo : that kingdom which christ hath as mediator , by special dispensation of god committed to him , is his alone properly and personally : for we cannot say that the father raigns as mediator , or that the holy ghost raigns as mediator . but that kingdom which christ hath , as he is the eternal son of god , is the very same consubstantially with that kingdom whereby god the father and god the holy ghost do raign . thirdly , he that hath a kingdom which shall be continued and exercised for ever , and a kingdom which shall not be continued and exercised for ever , hath two distinct kingdoms . but jesus christ hath a kingdom which shall be continued and exercised for ever , namely , the kingdom which he hath as the eternal son of god ; and another kingdom which shall not be continued and exercised for ever , namely , the kingdom which he hath as mediator . ergo : the eternity of the one kingdom is not doubted of : but that the other kingdom shall not be for ever exercised , that is , p that christ shall not for ever raign as mediator , is proved from cor. . , . master hussey pag. , , . goeth about to answer this argument , which he confesseth to say something : and indeed it saith so much , that though he maketh an extravagant exception , ( doth it appear , saith he , that the kingdom that he shall lay down to god his father , is not over all the world ? ) yet he plainly yeelds the point , which i was then proving . christ , saith he , in the day of judgement shall lay down all the office of mediatorship . i hope he will not say that christ shall lay down at the day of judgement that kingdom which he hath as the eternal son of god. so then i have what i was seeking , that christ hath one kingdom as mediator , another as the eternal son of god. and whereas master hussey holdeth that christ as mediator raigns over all things as the vicar of his father , we shall see anon the weaknesse of his arguments brought to prove it . mean while , i ask , what then is that kingdom which belongs to christ as the eternal son of god , and which shall not be laid down , but continued for ever ? let him think on this argument , whatsoever belongs to that kingdom which shall be continued for ever , and shall not be laid down at the day of judgement , doth belong to christ , not as mediator , but as the eternal son of god. but the general power and dominion , by which jesus christ exerciseth soveraignty over all creatures without exception , doing to them and fulfilling upon them all the good pleasure of his will , belongs to that kingdom which shall be continued for ever , and shall not be laid down at the day of judgement . ergo : that general power and dominion by which jesus christ exerciseth soveraignty over all creatures without exception , doing to them and fulfilling upon them all the good pleasure of his will ; doth belong to christ , not as mediator , but as the eternal son of god. and thus i make a transition to another argument . fourthly , he that hath a kingdom administred by and in evangelical ordinances , and a kingdom administred by his divine power , without evangelical ordinances , hath two different and distinct kingdoms . but jesus christ hath a kingdom administred by and in evangelical ordinances , and a kingdom administred by his divine power , without evangelical ordinances . ergo : doth not jesus christ raign over the devils and damned spirits by his divine power , reserving them in chains of darknesse to the judgement of the great day ? but will master hussey say that christ raigns over the divels and damned spirits as mediator or by the same kingdom by which he raigns in his church by and in his ordinances ? therefore we must needs say , that christ hath one kingdom as the eternal son of god , another as mediator . fifthly , he that hath a kingdom in subordination to god the father , and as his vicegerent ; and another kingdom wherein he is not subordinate unto , but equal with god the father , hath two most different kingdoms . but jesus christ hath a kingdom in subordination to god the father , and another kingdom wherein he is not subordinate unto , but equal with god the father . ergo : the kingdom which christ hath as mediator doth ( in regard of the office of mediatorship ) constitute him in a subordination to his father , whose commandments he executeth , and to whom he gives an account of his ministration . so that though he that is mediator , being the eternal son of god , is equal with the father ; yet as mediator , he is not equal with the father , but subordinate to the father , which our divines prove from these scriptures , isai. . . behold my servant . jo. . . my father is greater then i. cor. . . the head of christ is god : in the same consideration as christ is our head , god is christs head , namely , as christ is mediator . but that kingdom which christ hath as he is the eternal son of god , he holds it not in a subordination to god the father ; but as being consubstantial with his father , and thinking it no robbery to be called equal with god : so that in this consideration , the father is not greater then he . master hussey pag. . saith of christ , in respect of the government which he hath as mediator , he is as it were the vicar of his father . i hope he will not say so of that government which christ hath as the eternal son of god. and pag. . he holds that christ as mediator is subject to god ; but in the consideration that christ is the second person of trinity , so he is not inferior to god the father . so that he himself cannot but yeeld my argument . sixthly , if christ hath a kingdom in time dispensed and delegate to him , and unto which he was anointed , and hath another kingdom which is not delegate nor in time dispensed , nor he anointed to it ; but doth necessarily and naturally accompany the communication of the divine nature to him by eternal generation : then he hath two most different kingdoms , one as he is mediator ; another as he is the eternal son of god. but christ hath a kingdom in time dispensed and delegate &c. if you speak of christ as mediator , god hath made him both lord and christ , act. . . but as he is the eternal son of god he is not dominus factus ; he is not made lord and king , no more then he is made the natural son of god. when the psalmist speaketh of that kingdom which christ hath as mediator , he tels us of the anointing of christ. ps. . . the scepter of thy kingdom is a right scepter : vers . . thy god hath anointed thee with the oyle of gladnesse . but we cannot say that christ was anointed to that kingdom , which he hath as the eternal son of god. seventhly , if the scripture holds forth a kingdom which christ hath over all creatures , and another kingdom which he hath over the church onely ▪ then it holds forth the twofold kingdom which i plead for , and which master hussey denieth . but the scripture holds forth &c. christ as he is god over all , blessed for ever , rom. . . exerciseth soveraignty and dominion over all things , even as his father doth , psal. . . dan. , . for his father and he are one . but as he is mediator , his kingdom is his church onely , and he is over his own house , heb. . . you will say the word onely is not in scripture . i answer : when we say that faith onely justifieth , the word onely is not in scripture , but the thing is . just so here : for , first , david , solomon , and eliakim were types of christ the king. now david and solomon did raign onely over gods people as their subjects , though they had other people tributaries and subdued : so doth christ raign over the house of iacob onely , luk. . , . the lord shall give unto him the throne of his father david , and he shall raign over the house of jacob for ever . isai. . . of the encrease of his government and peace there shall be no end , upon the throne of david and upon his kingdom to order it . isa. . . i will commit the government into his hand , and he shall be a father to the inhabitants of jerusalem , and to the house of judah , and the key of the house of david will i lay upon his shoulder . . it was foretold and applied to the church and people of god as a proper and peculiar comfort to the church , that christ was to come and raign as a king : isai. . . unto us a child is born , unto us a son is given , and the government shall be upon his shoulder . zech. . . rejoyce greatly o daughter of zion : shout o daughter of jerusalem : behold thy king cometh unto thee . matth. . . out of thee shall come a governour that shall rule my people israel . . the iews did generally understand it so , that the messias was to be the churches king onely , which made pilate say to them , shall i crucifie your king ? and hence it was also , that the wise men who came to enquire for christ , said , where is he that is born king of the jews ? matt. . . eighthly , that very place eph. . , , . from which master coleman drew an argument against us , doth plainly hold forth a two-fold supremacy of iesus christ , one over all things , another in reference to the church onely which is his body , his fulnesse , and to whom alone he is head , according to that text : of which more afterwards . ninthly , the apostle col. . doth also distinguish this two-fold preeminence , supremacy , and kingdom of iesus christ : one , which is universal , and over all things , and which belongeth to him as he is the eternal son of god , vers . . . . who is the image of the invisible god , the first born of every creature : for by him were all things created that are in heaven , and that are in earth , visible and invisible , whether they be thrones , or dominions , or principalities , or powers : all things were created by him and for him . and he is before all things , and by him all things consist . q another which is oeconomicall and particular in and over the church , and this he hath as mediator : vers . . and he is the head of the body the church : who is the beginning , the first born from the dead , that in all things he might have the preeminence . that vers . . he speaketh of christ as mediator , is not controverted . but mr. hussey pag. . would fain make it out ( if he could ) that christ as mediator is spoken of , vers . . . . the apostle indeed in that which went before did speak of christ as mediator . but the scope of these three verses is to prove the god-head of iesus christ. yea , mr. hussey himself yeeldeth , that as god and not as mediator he did create the world . how can he then contend that the apostle speaketh here of christ as mediator ? and why doth he find fault with my exposition that the apostle speaketh here of christ as god ? do not our writers urge col. . . . against the socinians and photinians , to prove the eternal god-head of iesus christ , because by him all things were created , and he is before all things . see stegmanni photinianismus disp . . quaest. . becmanus exercit. . and exerc. . where you may see , that the adversaries contend ( as mr. hussey doth ) that the apostle vers . . . . doth not speak of the person of iesus christ , proving him to be true god ; but that he speaks of christ as mediator or in respect of his office , and of that dominion which christ hath as mediator ( so ionas schlichtingius contra meisner . pag. . ) and that vers . . . . ascribeth no more to christ , than vers . . but becmanus answering iulius , distinguisheth the text as i do : for which analysis i did formerly cite beza , zanchius , gualther , bullinger , tossanus , m. bayne , beside diverse others . but i have found none that understands the text as mr. hussey doth , except the socinians and photinians , who do not acknowledge that christ hath such an universall dominion and lordship over all things , as god the father , but onely that he ruleth over all things , as mediator . now for answer to that which mr. hussey pag. . . alledgeth , to prove that christ as mediator reigneth over all things , first , he tells us out of diodati that christ is head of the church , and king of the universe , and out of calvin , that the kingdom of christ is over all , and filleth heaven and earth : but who denieth this ? that which he had to prove , is , that christ as mediator , is king of the universe , and as mediator his kingdom is spread over all : and when he hath proved that , he hath another thing to prove , that the universality of christs kingdom as he is mediator , is to be understood not onely in an ecclesiastical notion , that is , so far as all nations are or shall be brought under the obedience of the gospel ; but also in the notion of civil government , that is , that christ reignes as mediator over all creatures , whether under or without the gospel : and that all civil power , principality , and government whatsoever in this world , is put in christs hand as mediator . if therefore he will argue , let him argue so , as to conclude the point . the next objection he maketh , is from heb. . . christ as mediator is made heir of all things . but i answer , christ is heir of all things . . as the eternall son of god , in the same respect as it is said of christ in the next words of the same verse , that he made the world : and thus he may be called heir of all things by nature , even as col. . . he is called the first borne of every creature . . he is heir of all things as mediator , for the heathen and all the ends of the earth are given him for an inheritance , psal. . . but that is onely church-wise , he shall have a catholique church gathered out of all nations , and all kings and people , and tongues , and languages shall be made to serve him . moreover mr. hussey objecteth from heb. . . and cor. . . that god hath put all things under christs feet as he is mediator . answ. as this is not perfectly fulfilled in this world , but will then be fulfilled when christ shall have put down all rule and all authority , and power : so in the measure and degree wherein it is fulfilled in this world , it concerneth not men onely , but all the works of gods hands , heb. . . thou crownedst him with glory and honour , and didst set him over the works of thy hands . which is taken out of the eighth psalme , vers . . . thou hast put all things under his feet , all sheep and oxen &c. now how is it that the apostle applyeth all this to christ ? how doth christ rule over the beasts , fowles , fishes ? calvin in cor. . . . answereth , dominatur ergo , ut omnia serviant ejus gloriae . he ruleth , so as all things may serve for his glory . so then , all things are put under christs feet as he is mediator , both in regard of his excellency , dignity , and glory unto which he is exalted far above all the glory of any creature ; and in respect of his power and over-ruling providence whereby he can dispose of all things so as may make most for his glory . but it is a third thing which mr. hussey hath to prove , namely , that christ as mediator exerciseth his office and government over all men as his subjects , and over all magistrates as his deputies , yea over all things , even over the reasonlesse creatures ; for by his arguing , he will have christ as mediator to governe the sheep , oxen , fowles , and fishes : all things as well as all persons being put under christs feet . but in the handling of this very argument mr. hussey yeelds the cause . god is said to put all things under him , saith he , whereby it is implyed that all things were not under him , before they were put under him ; but as the second person in trinity , so nothing could be said to be put under him , because they were in that respect alwaies under him . is not this all one for substance with that distinction formerly cited out of polanus , of a two-fold kingdom of christ , one natural ; as he is the second person in the trinity , another donative , as he is mediator ? lastly , mr. hussey argueth from phil. . . . . christ as mediator is exalted to have a name above every name , that at the name of iesus every knee may bow . answ. here is indeed a dignity , glory , and power , as diodati saith , above all things , but yet not a government or kingdom , as mediator : for those who must bow the knee to christ , are not onely things in heaven , that is , angels , and things in earth , that is , men , but also things under the earth , that is , divells , yet divells are none of the subjects of christs kingdom as he is mediator . therefore this text proves not a head-ship or government over all , ( which mr. hussey contends for ) but a power over all . i will here anticipate another objection , which is not moved by mr. hussey . it may be objected from cor. . . that the head of every man is christ. i answer , . some understand this of christ as god , and as the creator of man. and if it be said that the latter clause the head of christ is god , is meant of christ as mediator , and not as god : yet martyr tells us out of chrysostome , that all these comparisons and subordinations in this text , are not to be taken in one and the same sence . . i grant also that christ may be called the head of every man , not onely in respect of his god-head , but as mediator , that is , the head of every man in the church , not of every man in the world : for the apostle speaks , de ordine divinitus sancito in ecclesiae corpore mystico , as mr. david dicksone ( an interpreter who hath taken very good pains in the textuall study of scripture ) saith upon the place . i shall clear it by the like formes of speech . ier. . wherefore do i see every man with his hands on his loyns ? luke . . the kingdom of god is preached , and every man presseth unto it . cor. . . the manifestaetion of the spirit is given to every man to profit withall . heb. . . iesus did taste death for every man. yet none of these places are meant of every man in the world. . yea in some sence christ , as mediator , may be called the head of every man in the world , that is , in respect of dignity , excellency , glory , eminence of place , quia in hoc sexu ille supra omnes eminet , saith gualther , or because no man hath parity or equality of honour with christ : so martyr and hunnius . the english annotations say , that christ is the head of every man , in as much as he is the first begotten among many brtheren . which best agreeth with my second answer . but for taking off all these , and for preventing of other objections , that one distinction will suffice , which i first gave in examining mr. colemans sermon . in the mediator iesus christ there is , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , dignity , excellency , honour , glory , splendor . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , his mighty power , by which he is able to do in heaven and earth whatsoever he will. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his kingdom , and kingly-office or government . which three as they are distinguished in god ▪ thine is the kingdom , and the power , and the glory : why not in the mediator also ? in the first two respects , christ as mediator is over all things , and so over all men , and so over all magistrates , and all they in subjection to him . but in the third respect the relation is onely between christ and his church , as between king and kingdom . so that the thing in difference , is that which mr. hussey hath not proved , namely , that christ as mediator doth not onely excell all things in glory , and exercise a supreme power and providence over all things , for his own glory , and his churches good ( neither of which is denied ) but that he also is as mediator , king , head , and governor of the universe , and hath not onely the government of his church , but all civil government put in his hand . when mr. hussey pag. . saith that i denyed pag. . what this distinction yeeldeth , namely , that christ as mediator exerciseth acts of divine power in the behalf and for the good of his church , it is a calumny : for that which i denied pag. . was concerning the kingdom , not the power : my words were these . but as mediator he is onely the churches king , head , and governour , and hath no other kingdom . yea himsef , pag. . speaking to these words of mine , noteth that i did not say , that as mediator he hath no such power . how commeth it to passe that he chargeth me with the denying of that , which himself but two pages before had observed that i denie it not ? well , but pag. , he desires from me a further clearing of my distinction , kingdom , power , and glory , and that i will shew from scripture , how it agreeth to christ. i shall obey his desire : though it was before easie to be understood , if he had been willing enough to understand . solomon did excell all the kings of the earth in wisedom , riches , glory , and honour , chron. . . and herein he was a type of christ , psal. . . i will make him my first born , higher then the kings of the earth : but as solomon was onely king of israel , and was not by office or authority of government , a catholique king over all the kingdomes of the world , nor all other kings solomons vicegerents , or deputies : so iesus christ as mediator is onely the churches king , and is not king or governour of the whole world , nor civil magistrates his vicegerents , though he excell them all in dignity , glory , and honour . again , david did subdue by power diverse states , provinces , and kingdoms , and make them tributary . but was david king of the philistines , and king of the moabites , and king of the syrians , and king of the edomites , because he smote them and subdued them , . sam. . nay it is added , in that very place vers . . and david reigned over all israel , and david executed justice and judgement unto all his people . ( and this is one argument to prove that those subdued and tributrary territories , were not properly under the government of israel , because israel was not bound to extirpate idolaters out of those lands , but onely out of the holy land . see maimonides de idolol . cap. . sect . . with the annotation of dionysius vossius . ) so christ who was set upon the throne of david , doth as mediator , put forth his divine and irresistible power in subduing all his churches enemies , according to that psal. . thou shalt break them with a rod of iron , thou shalt dash them in peeces like a potters vessel . rev. . . the lamb shall overcome them , for he is lord of lords , and king of kings . but this vis major , this restraining subduing power makes not christ , as mediator , to be king and governour , not onely of his church , but of the whole world beside . yea the power of christ is over all things , as well as all persons , over all beasts , fowles , and fishes ; heb. . . . compared with psal. . . . yea his power is over divells , meant by things under the earth , phil. . . wherefore it cannot be said , that christ as mediator , is king , head , and governour of all those whom he excelleth in glory , or whom he hath under his power , to do with them what he will. it is a strange mistake when mr , hussey pag. . objecteth against this distinction , that a kingdom without power and glory , is a nominall empty thing . surely there may be a kingly right and authority to governe , where there is little either power or glory . but this is nothing to my distinction , which doth not suppose a kingdom without power and glory , nor yet power and glory without a kingdom , but onely that the kingdom and government is not to be extended to all those whom the king excelleth in glory ( for then one king that hath but little glory , shall be subject to a king that hath much glory : ) or over whom the king exerciseth acts of power , ( for then the king shall be king to his and his kingdomes enemies ) i verily beleeve that this distinction rightly apprehended , will discover the great mistakes of that supposed universall kingdom of christ , as mediator , reigning over all things , and the civil magistrate as his vicegerent ▪ chap. vi. whether jesus christ , as mediator and head of the church , hath laced the christian magistrate to hold and execute his office under and fo him , as his vicegerent . the arguments for the 〈◊〉 discussed . mr. hussey is very angry at my distinctions and arguments which i brought against mr. col●…mans fourth rule , insomuch that in his reply to me , he spendeth very near two parts of three upon this matter , from pag. . to . having past over sicco ped much of what i had said of other points in difference . come now therefore and let us try ▪ his strength in this great point . he holds that christ as mediator hath placed the christian magistrate under him , and as his vicegerent , and hath given him commission to govern the church , which if he or any man can prove from the word of god , it will go far in the decision of the erastian controversie : though this is not all which is incumbent to the erastians to prove , for as i first replied to mr. colemans fourth rule , the question is , whether there be not some other government instituted and appointed by iesus christ to be in his church beside the civil government : and if it should be granted that christ even as mediator hath committed , delegated and instituted civil government in his church , yet they must further prove , that christ hath committed the whole and sole power of church-government to the magistrate , and so hath left no share of government to the ministery . but i can by no means yeeld that so much contended for vicegerentship of the christian magistrate , and his holding of his office of and under christ as he is mediator . mr. coleman in his re-examination pag. . was fearfull to set his foot upon so slippery ground . he was loth to adventure upon this a●sertion , that magistracy is derived from christ as mediator by a commission of deputation and vicegerentship ( which yet did necessarily follow upon the fourth rule which he had delivered in his sermon ) wherefore he made a retreat and held him at this , that magistracy is given to christ to be serviceable in his kingdom . but out steps mr. hussey and boldly 〈◊〉 a great deal more : i much mistake if he shall not be made either to make a retreat as mr. coleman did , or to do worse . first of all , this part of our controversie is to be rightly stated . the question is not . . whether the magistrate be gods deputy or vicegerent , and as god upon earth ; for who denies that ? nor . whether the magistrate be christs deputy as christ is god , and as he exerciseth an universall dominion over all things , as the father and the holy ghost doth . here likewise i hold the affirmative . nor . whether the christian magistrate be usefull and subservient to the kingdom of jesus christ , even as he is mediator and king of the church ; for in this also i hold the affirmative , that is , that as every man in his owne calling , parents , masters , servants , marchants , souldiers &c. being christians , so the magistrate in his eminent station , being a christian , is obliged to endeavour the propagation of the gospel , and the good and benefit of the church of christ. but the question is , whether the christian magistrate be a governour in the church vice christi , in the room and stead of jesus christ as he is mediator . or ( which is all one ) whether the rise , derivation , and tenure of christian magistracy be from jesus christ under this formall consideration , as he is mediator and head of the church . or ( which is also the same ) whether jesus christ by vertue of that authority and power of government which as mediator , and as god-man , he received of the father , hath substituted and given commission to the christian magistrate to govern the church in subordination to him , as he governeth it in subordination to his father . in all these mr. hussey is for the affirmative , i am for the negative . let us hear his reasons . first pag. . he argueth from my concession . a christian magistrate is a governour in the church , said mr. coleman , this understood sano sensu i admitted . now saith mr. hussey , if the church be christs kingdom , surely such as govern in it , must receive commission from him . which commission saith he , must be in this forme . christ the mediator , king of his church , doth appoint kings and civil magistrates to govern under him . let him find this commission in scripture , and i shall confesse he hath done much . neither doth any such thing follow upon my concession . for . it is one thing to govern in the church ▪ another thing to govern the church : christian parents , masters of colledges , and the like , are governours in the church , that is , being within , not without the church , yet as parents or masters they are not church-governours . . i can also admit that the christian magistrate governeth the church ; and if this had been the concession , which is more then the other , it could not have helped him . for how doth the magistrate govern the church ? not qua a church , but qua a part of the common-wealth , as learned salmafiu●… distinguisheth , appar . ad lib. de primat . pag. . . for the common-wealth is not in the church , but the church in the common-wealth , according to that rev , . the church in smyrna , the church in pergamus , the church in thyatira . and suppose all that are members of the common-wealth to be also church-members , yet in an universall spread of the gospel , the church is governed by the magistrate as it is a common-wealth , not as it is a church . every soule must be subject to the higher powers , church-officers , church-members and all , but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 qua tale , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : quo ad , is not any ecclesiastical or spiritual , but a humane and civil relation . but whereas mr ▪ hussey addeth that the gospel is the law by which christ will judge all the world : if all the world be under the law of christ , th●…n the kingdom of christ must needs reach over all the world : his proofes are meer mistakes : he cites . thess. . . . christ shall come in slaming fire , to take vengeance on all them that know not god , and that obey not the gospel of our lord jesus christ : but in that place they that obey not the gospel , are those disobedient persons to whom the gospel was preached : he cites also rom. . . iudge all the world according to my gospel : but the text saith not so ; it saith , the secrets of men , not all the world. wherefore as the apostle there saith of the law vers . . so say i of the gospel , as many as have sinned without the gospel , shall also perish without the gospel ; and as many as have sinned under the gospel , shall be judged by the gospel . secondly , he draweth an argument the strength whereof is taken from psal. . . ask of me and i shall give thee the heathen for thine inheritance , and the uttermost parts of the earth for thy possession : and from tim. . . our lord jesus christ is said to be king of kings , and lord of lords : jesus , christ , being names that agree to him onely as mediator . answ. christ as mediator hath right to the whole earth , and all the kingdoms of the world , not as if all government ( even civil ) were given to christ ( for in this kind he governeth not so much as any part of the earth as he is mediator ) which was the thing he had to prove : but it is meant onely of his spiritual kingdom , which is not of this world , and in this respect alone it is , that christ as mediator hath right to the government of all nations , he hath jus ad rem , though not in re . as for that title king of kings , and lord of lords , it may be understood two wayes . first , as christ is the eternal and natural son of god , the eternal wisdom of god , by whom kings reigne , and princes decree justice , prov. . . . which is spoken of christ , as he was the fathers delight , and as one brought up with him before the foundation of the world : ibid. vers . . to . neither can the names of jesus and christ prove that what is said there must needs be meant of him as mediator , mark how well grounded mr. husseys arguments are . iesus sate at meat in simon the pharisees house . luke . . iesus wept for lazarus because he loved him . iohn . . . must we needs therefore say , that as mediator he sate at meat in the pharisees house , and as mediator he wept for lazarus ? christ is the son of david , matth. . . must we therefore say that as mediator he is the son of david ? christ is god over all , blessed for ever . rom. . . must we therefore say that this is meant of christ onely as mediator ? what is more ordinary then to use the names of jesus and christ when the thing which is said is meant in reference to one of the natures ? secondly , christ is king of kings , and lord of lords , even as mediator : not in mr. husseys sence , as if kings had their commission from christ , and did reigne in his stead , as he is mediator ; but in the sence of the hebraisme , vanity of vanities , that is , most vain ; holy of holies , that is , most holy ; so king of kings , and lord of lords , that is , the most excellent glorious king of all others : the excellency , splendor , dignity , and majesty of kings may be compared without any subordination . drusius pr●…terit . lib. . upon this very place which mr. hussey objecteth , saith that this forme of speech , king of kings , and lord of lords , was taken from the persians and assyrians , who called a great king , king of kings , and lord of lords . thirdly , the kingdom of christ saith mr. hussey , is a●… ample as his prophecy ; but the prophecie of christ is extended to all nations , as may appear by the commission , g●… teach all nations . but . i throw back the argument ; christs kingdom and his prophecie are commensurable : therefore as his prophecie is not actually extended to all nations , except successively , as the gospel commeth among them , so his kingdom , as he is mediator , is extended no further then the church , not to all nations . . his argument therefore is a miserable fallacy à dicto secundum quid ad dictum simpliciter . christs prophecy is extended to all nations successively , and when the gospel comes among them , therefore his kingdom is simply extended to all nations ▪ and is not bounded within the church onely . fourthly , he tells us pag. . if kings may be called holy , if their offices may be accounted holy offices , or not sinful , they must be held off and under christ. answ. if he mean holy in opposition to civil , humane , worldly , secular , i denie the office of kings to be holy ; if he mean holy in opposition to sinful , unlawful , unholy ( as it seems he doth ) then i confesse the office of kings is lawful not sinful , and themselves are holy when sanctified : but this proves not that they hold their office of and under christ , more then carters or coblers hold their office of and under christ : i am far from making a paralel between the magistrate and these : but this i say , mr. husseys plea for the magistrate is no other than agreeth to these . and where he addeth out of calvin , kings have place in the church , and flock of christ , and are not spoiled of their crown and sword that they may be admitted into the church ; this in reference to the conclusion he driveth at , is no more than if he had argued thus , carters and coblers have place in the church and flock of christ , and are not necessitated to quit their secular calling that they may be admitted into the church of christ , therefore they hold their offices of and under christ. fifthly , he argueth thus , that office which christ hath declared to be of god , and bounded and limited in his gospel , that office is held under christ as mediator : but the civil magistrate is so , rom. . . answ. . his proposition is most false , and will never be proved . . if this argument hold good , then the pagan magistrate holds his office under christ as mediator ( for of such magistrates then in being , the apostle meaneth , rom. . ) so that either he must recall what he saith here , or what he saith afterward , that the office of the pagan magistrate is sinful and unlawful . , by mr. husseys medium , one might prove that servants hold their office under christ as mediator , because he hath declared their office to be of god , and hath bounded and limited the same in his gospel . eph. . ▪ , , . sixthly , he saith they be the same persons that are under christ , and under the magistrate , and further , christs ends and the kings ends are both one , tim. . . that we may lead a quiet and peaceable life in all godlinesse and honesty . now either the office of the mediators kingdom is superior , or inferior , or co-ordinate , in reference to the magistrates office . answ. . very often they are not the same persons that are under christ , and under the magistrate . for cor. . , . the apostle distinguisheth those that were within , or those that were called brethren , from those that were without , both were under the magistrate , both were not under christ ; and now the jews in diverse places are under the christian magistrate , not under christ. . the ●nd of 〈◊〉 kingly office , and the end of magistracy are so different , that to say they are the same , i● to offer indignity and dishonour to jesus christ. kings are indeed appointed , that we may live under them a quiet and peaceable life in all godlinesse and honesty : but herein he hath answered himself pag. . the civil magistrate may require of the people , that they will attend upon the means , out of natural principles , deum esse & colendum . more of the ends of magistracy i have spoken before , whether i remit him . the ends of christs kingly office are quite another thing ; namely , to destroy all our soules enemies , satan , the flesh , the wicked world , death , to put all his enemies under his feet ; to send out his officers and ministers for the perfecting of the saints , for the work of the ministery , for the edifying of the body of christ , to govern his people by his word and spirit , and to keep them by the power of god through faith unto salvation . . the comparison between christs kingly office as mediator , and the magistrates office , is neither to be drawn from superiority and inferiority , nor co-ordination ; for they are disparata , and differ toto genere . and now i shall proceed for methods sake to examine other four arguments from scripture , upon which mr. hussey ( though he doth not joyn them to the former six ) afterward layeth no small weight for upholding that opinion , that the magistrate holds his office of and under christ , as he is mediator . the seventh argument therefore shall be that which he draweth from matth. . . pag. . whereunto i have two answers , according to two different applications of that text. when christ said all power is given unto me in heaven and in earth , it may be understood either as he is mediator , or as he is the second person in the blessed trinity , the eternall sonne of god. so when the ubiquitaries would prove from that place the reall communication of divine omnipotency to the humane nature of christ , our divines answer , the text may be understood either of christs person , god-man , or as he is the natural son of god. see gomarus upon the place . now take the text either way , it proves not what mr. hussey would . let it be understood of christ as god-man , and as mediator , ( which is the most promising sence for him ) yet it cannot prove that all power without exception , and all government as well without as within the church , as well secular as ecclesiastical , is put in christs hand as he is mediator , and that the civil magistrate holds his office of and under christ : but the sence must be r all power which belongs to the mediator , and all authority which belongs to the gathering and governing of the church is given to me : for we must needs expound his meaning as himself hath taught us : iohn . . luke . . we must not say that any such power is given to him , as himself denieth to be given to him , namely , civil power and magistracy . wherefore martin bucer in his scripta anglicana , pag. . doth rightly referre these words , all power is given unto me in heaven and in earth , to the head de ecclesiae oeconomia , and makes this text paralel to iohn . , , . as my father hath sent me , even so send i you , &c. whose soever sins ye remit , &c. and to matth. . . i will give unto thee the keyes of the kingdom of heaven : and whatsoever thou shalt bind on earth , shall be bound in heaven , and whatsoever thou shalt loose on earth , shall be loosed in heaven . and this is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all authority or power in heaven and in earth , which is meant matth. . . which is further confirmed by the syriack , which readeth thus verse . all power is given unto me in heaven and in earth : but as my father hath sent me ▪ even so send i you . vers. . goe therefore teach all nations : so restricting the sence to be in reference to the church onely , and excluding civil government and magistracy , from which christ had before excluded his apostles . medina in tertiam partem , quaest . . art . . holds the same thing , that the context and cohesion of vers . . and vers . . proves the kingdom of christ to be meerly spirituall . but . the text will suffer yet a further restriction , namely that all power in heaven and in earth is said to given unto jesus christ , as he is the eternal sonne of god , and that both in respect of the eternal generation by which the god-head , and so all divine properties ( of which omnipotency is one ) was from all eternity communicated from the father to the son : and in respect of the declaration or manifestation of him to be the son of god with power , when god raised him from the dead . mr. hussey saith he is astonished to hear that any thing should be given to christ , as god ; where first of all i observe how miserably he mangleth and maimeth my words as in other places , so here ; he citeth these words as mine , that christ as he is eternal god , doth with the father and the holy ghost reigne over the kingdoms of the earth , &c. and this power was given &c. it is not fair nor just dealing to change a mans words in a citation , especially when the change is materiall . now here are divers changes in this passage . this one onely i take notice of , i said not as he is eternal god , but as he is the eternal sonne of god , and all along in that question i spake of the son of god , not essentially , but personally , as he is the sonne of god , or second person in the trinity , and so the god head and all the attributes and properties thereof , are communicated to him from the father by the eternal generation ; and as the nicene creed said he is deus de deo , lumen de lumine , god of god , light of light. i ask therefore mr. hussey , what do you mutter here ? speak it out , doe you hold that jesus christ is not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not onely essentially , but personally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that he is not onely ex seipso deus , but ex seipso filius ? if this be the thing you hold , then you oppose me indeed , but so as you fall into a blasphemous heresie , that christ as he is the eternall sonne of god , hath not all power in in heaven and in earth , but onely as he is mediator , because that power is given to him , and nothing can be given to christ as he is the eternall sonne of god , but onely as he is mediator , by your principles : but if your meaning be no more then this , that christ considered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in respect of the very nature and essence of the god-head , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not god of god , but god of himself , and that so nothing can be said to be given to him : then why have you dealt so uncharitably as to suppose me to be herein opposite unto you ; when i plainly spake of the eternal son of god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in respect of the personality or relation of filiation , or as he is the eternall son of god , in which sence i yet averre confidently , that all power in heaven and earth may be said to be given to jesus christ , as he is the eternal son of god by eternal generation . i added , that all power in heaven and earth may be said to be given to christ as he is the eternal son of god , in another respect , namely in respect of the declaration thereof at his resurrection . to this mr. hussey replieth , that to hold any thing should be given him that should concern his god-head at the time of his resurrection , is more monstrous . then hath gomarus and others given a monstrous answer to the ubiquitaries , yet they clear it by augustines rule , aliquid dicitur fieri quando incipit patesieri . is it any more strange then to say that christ was begotten that day when he was raised from the dead act. . . the son of god had in obedience to his fathers will , laid aside and relinquished his divine dominion and power when he took upon him the forme of a servant ( which i said before , but it seems was not considered by mr. hussey ) now at his resurrection the father restoreth with advantage that formerly relinquished soveraignty . but he addeth , that if matt. . . be not understood of christ as mediator , then he had no authority as mediator to send his apostles : for it followeth go ye therefore and preach : from this authority here spoken of , is the authority to preach the gospel . answ. not to stand upon the want of the particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore , in diverse greek coppies : i admit of the cohesion and dependance of the words , thus . christ being to give a commission to the apostles to go and preach the gospel to all nations , he first anticipateth a great objection , which might arise in the apostles minds ; they might think , how shall we be able to carry the gospel through the nations ? we shall have all the powers of the world against us . to remove this fear , he said , all power is given unto me in heaven and in earth , as if he had said , do you beleeve that i who send you out , a● the son of the living god ? t●en know assuredly , that my divine power and soveraignty shall be for you , and i will so over-rule all the kings and potentates and states of the world , as may be most for my glory and your good ; fear not therefore , but go and preach to all nations . and so much of that text matth. . . salmeron upon the place draws from it christs dominion even in temporall things ( as mr. hussey doth ) and thence he deriveth the temporall power of the pope as christs vicar over the kings and kingdoms of the world. so suarez in tertiam partem thomae disp . . sect . . gamachaeus in tertiam partem thomae , quaest. . yet some of the papists themselves are ashamed to defend christs dominion in temporall things ( except as god onely ) it appearin to them so far contrary to other scriptures . bellarmine himself lib. . de pont. rom. cap. . confesseth that christ as he did not execute any temporall dominion , so he neither had nor received such power and authority : thereupon he inferreth that the pope whom he calleth christs vicar and representee on earth , hath not any temporal dominion directly , but indirectly , and in ordine ad spiritualia . i appeal also to salmeron in another place where he speaks more soundly tom. . part ▪ . tract . . pag. . he proves from iohn . . and luke . . that christ had not nor received not any temporall power , and thence inferreth , cum ergo christus hujusmodi potestatem non habuerit , nec petro illam tradidit . the eigth argument shall be that which mr. coleman did draw from cor. . . to prove that christ hath placed in his church magistrates or civil governments . hereunto i had made four answers . mr. hussey passeth two of them , which he is pleased to esteem trifles not worth answer . now the gamaliel speaks è cathedra . the other two he offereth to confute , pag. , , . first , whereas i said that if by governments in that place be understood civil magistrates , yet the text saith not that christ hath placed them . then saith mr. hussey à fortiori you disclaim by that means any government in this place as officers under christ. no sir , this reasoning is à baculo ad angulum . i hold church-officers and church-government to be under christ , and under him as mediator , and k●ng of the church , and am ready to prove it against any that will denie it : but upon supposition , that civil government is meant in that text , ( which i utterly deny ) i had reason to call the affirmer to his proper task , to prove from that text , that christ as mediator hath placed civil government or magistracie in his church . this was the point it was brought for , and still i call to make good that proof , for i denie it . it seemes mr. hussey finds himself puzzled to make it out , and therefore he saith , if mr. coleman will be ruled by me . so as mr. gilespie will not urge this for constitution of church-governments , he shall 〈◊〉 it goe . but if it be a truth , sir you ought to buy it , and not sell it : for my part i dare make no bargain of scripture . my next answer was , that the apostle speaks of such governours , as the church had at that time ; but at that time the church had no godly nor christian magistrates . mr. hussey answereth that it cannot be proved that the apostle speaketh of such officers as were in the church in his time onely . he addeth , i shall urge some few argaments to the contrary . to the contrary of what ? i did not say that the apostle speaketh of such officers as were in the church in his time onely : but that the church at that time had all those officers whom the apostle speaketh of . one would think that he who censureth others so much for want of skill in disputations , should not so far mistake his mark . but we know what he would have said though he hath not hit it . let us hear his arguments . first , he tells us that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will signifie proposuit or decrevit , so that where we read god hath set in the church , it may be read god hath appointed to his church , so to take in those governments which should afterward by gods appointment come to the church . he clears it by iohn . . act. . . answ. then the apostle saith no more to the corinthians , then might have been said to the old world before the flood , for if the meaning be that god hath ordained and purposed , all this text had been true , if delivered in terminis terminantibus , to the old world , god hath set some in the church , first apostles , &c. . the context sheweth that the apostle speaketh onely of such administrations , as the church had at that time , for all this is spoken in reference to the preventing of a schisme in the church of corinth , and that every member of that body might discharge its owne proper function without usurping anothers . . he confuteth himself , for he addeth , this cannot be a catalogue of such officers as are at all times necessary to the church , for th●…n apostles might not be mentioned . therefore it must be said , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this place is posuit or collocavit ( according to the more usuall signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) and doth relate to that present time , as well as act. . . the holy ghost hath made or set you overseers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : in like manner here god hath set ( or placed ) in the church , and so it will agree both to ordinary and extraordinary officers . but if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be decrevit , then it will referre the apostles , prophets , evangelists , miracles , to the future estate of the church , as if they were ordinary officers to continue in the church . . when 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth decrevit , then the thing is not mentioned , as having an actuall present existence , but a futurition ; so that when he takes him to the decrevit , he quits the posuit , and by that means one cannot prove from that text , that the church at that time had any of these officers there enumerated : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 relates to all that follows , and either it must be posuit to them all , or to none of them . . if he had intended to expresse gods decree or purpose to give unto his church certain officers , he would not have said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and god hath decreed some in the church . which could make no perfect sence except some other thing were added . mr. hussey might as well expound act. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thus , and they decreed them in the common prison . mr. hussey would render the text thus , he hath appointed to his church : if the text had said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he might have rendred it so , but when the text saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he must not render it ●…o the church , but in the church , as act. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , paul purposed in the spirit : the purpose was not to the spirit , but in the spirit . the second argument whereby he 〈◊〉 that which i said , is this , at tha●… time there were workers of miracl●…s which did supply the defect of civil magistrates . and here he insisteth a while to tell us that thus much a national covenant and 〈◊〉 magistrate may require of the people , that they will attend upon the means out of natural principles , which at that time miracles caused men to attend upon . but quid haec ad rhombum ? how comes this home to that which he undertook to prove ? and if it did , i must say that the civil magistrate is but little , and a national covenant far lesse beholding to him . and if the workers of miracles did at that time supply the defect of civil magistrates ( i suppose he should have said christian magistrates ) then he must draw christian magistracy to come in succession not so much to the civil magistracy in the apostles times ( which yet was true magistracy ) as to the miracles mentioned in the text , and so bring in the christian magistrate upon the ceasing of miracles . a fine plea indeed for christian magistracie . his third argument goeth thus , we have in the text first , second , and third ; when the apostle speaks of these which might be liable to present view , but then he breaks off with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , after that miracles , which lasted somewhat longer then the apostles and prophets ; and last we have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and these may be ordinary gifts , and this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 relates to helps , governments : that calvin thinks the helps were some officers the church hath lost : but being put both in one case without any conjunction copulative , why they may not ( i beleeve he would have said , why may they not ? for the sence can be no other ) belong both to one thing , and this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may not have some influence upon the times and after age . answ. if this be his manner , we shall not much fear the dint of his arguments , when it comes to the schooles , which he calls for . what a great matter is made of meer nothing ? first , he offereth violence to the text , because if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 note posteriority of time , and ordinary gifts , then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is compounded from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must much rather note the same thing , and so we shall have not onely gifts of healing , but miracles too , ordinary and continuing administrations in the church . next he offereth violence to the greek language : for when 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifie posteriority , not onely in the enumeration , but in the time of existence , then the one must needs signifie a pre-existence , and the other a post-existence , they cannot be contemporary from their beginnings ; yet mr. hussey will needs have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before miracles , and again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 efore gifts of healing and diversities of tongues , to signifie posteriority of time , though he cannot say that gifts of healing and diversities of tongues were not contemporary but posterior in time to miracles , and further observe that when the text runs in this order , first apostles , secondarily prophets , thirdly teachers , after that miracles , then gifts of healings , &c. mr. hussey will make this the sence , that there were apostles before prophets , there were prophets before teachers , there were teachers before miracles , there were miracles before gifts of healings , &c. and vice versa , there were no gifts of healings till after there had been miracles , no miracles till after there had been teachers in the church , &c. even as mark. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first the blad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then the ear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after that the ful corn in the ear : the blade hath an existence before the eare , the eare before the full corne . so that taking 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in his sence , he must either make out distinctly the order of time , or else confesse he would make the apostle speak as never grecian in the world spake , or lastly be content to understand the apostles words of the order of enumeration . if the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had been in the text ▪ that had indeed carried it to posteriority of time as heb. . . but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( though sometime it signifieth posteriority of time , yet ) in this place having reference to such antecedents and consequents cannot bear his sence . i see it were no ill sport to examine his quint arguments if a man had but so much leisure . thirdly , he offereth violence to calvin , for s calvin saith that these helps mentioned cor. . . were either an ancient gift and office unknown to us now , or it belongs to deaconship , that is , the care of the poor . and this second ( saith he ) rather pleaseth me . qua fide then , could mr. hussey affirm that calvin thinks they were some officers that the church hath lost . fourthly , whereas he thinks helps , governments , to belong both to one thing , there was some such thing once foisted into the english bibles : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , was read thus , helps in governments : but afterwards the prelats themselves were ashamed of it , and so it was printed according to the greek distinctly , helps , govirnments . the syriack addeth a copulative , and readeth thus , and helpers , and governors , so making them distinct officers in the church . neither is it any unusual thing in the greek , to put together nouns in the same case without any conjunction copulative , when the things themselves so expressed are most different , as matth. , . gal. . , , , , . rom. . , . . the next thing he brings against me , is from ephes. . . where there is no ordinary or standing officer left to us , but the teacher of the word : here is neither help nor government but this poor teacher left alone to edifie the body of christ , and to perfect the saints . answ. what argument is there here ? ruling elders are not mentioned ephes. . therefore the governments mentioned cor ▪ . are such as the church had not at that time . there are diverse passages of christs doctrine , life , and sufferings , which are not mentioned by matthew , yet they are mentioned by iohn or some of the other evangelists . so if we take the primitive platform right , we must set the whole before us , that which is not in one place is in another place . the apostle eph. . intendeth onely to speak of preaching officers who are appointed for this work of the ministery , to bring us to unity of the faith and of the knowledge of the son of god , that we be not carried about with every wind of doctrine , v , . and if the apostle had intended to enumerate all church-officers in that place , which were then in the church , how comes it he doth not mention deacons which he distinguisheth from bishops or elders ? tim. . his last argument is , that in this very place cor. . the apostle , when he doth again enumerate the particulars vers . . . he leaveth out helps , governments , for which , he saith , he knows no reason , but because there were none such at that time , and the apostle in that induction was to deal with their experience . this ( as many other things which he hath ) was before answered to mr. coleman . i give this plain reason for the omission of these two . the apostle speaketh to those , who were not well satisfied nor contented with their owne station in the church , but were aspiring to more eminent gifts and administrations , are all apostles ? saith he , are all prophets ? &c. and so he reckoneth out onely those rare and singular gifts , which men did most covet : and for that cause it was neither necessary , nor had it been agreeable to the scope of the apostle to have added , are all helps ? are all governments ? but now he purposely leaveth out these , thereby intimating to the ruling elders and deacons of the church of corinth , that they ought to be contented with their owne station , though they be neither apostles , nor prophets . &c. it remaineth therefore that the governments in the church mentioned cor. . . were such governments as were in the church at that time , and therefore not to be understood of christian magistracy : but of church ▪ government distinct from the civil . the ninth argument brought to prove that all government is given to christ as mediator , and that the christian magistrate holds his office of and under christ , as the head of magistracy and principality , is from eph. . , , . this argument first propounded by mr. coleman , is prosecuted by mr. hussey pag. , . &c. he demurres upon that which i said , that this place maketh more against him then for him ; the meaning whereof was no more then this , that this place doth rather afford us an argument against him , then him against us . come we to the particulars . my first reply was , the apostle saith not that christ is given to the church , as the head of all principalities and powers . the brother saith so , and in saying so he makes christ a head to those that are not of his body . this exception mr. hussey quarrelleth , but when he hath endeavoured to prove from that text that christ is the head of principalities : because he that is head of all things , is also head of principalities : though he will never be able to make it out from that text , that christ ( as mediator ) is head of all things , but onely , that he who is the churches head is over all things ; and gave him to be the head over ( not of ) all things to the church , saith the text , which as i told before , the syriack readeth more plainly thus , and him who is over all , he gave to be the head to the church . ) at last he fairly gives over the proof . it is true saith he , disputations do require men to keep close to termes , but in col. . . ye have the very words , head of all principality and power . in col. . . christ as he is the eternall son of god , is called head of all principality and power : as we shall see anon : but ephes. . where the apostle speaketh of christs headship , in reference to the church , and as mediator , he is not called the head of all principality and power . so that i had reason to except against mr. colemans argument which made that text ephes. . to say what it saith not . now what saith he to the reason i added , can christ be a head to them that are not of his body ? he tells me the visible church is not the body of christ , but onely the faithfull . he might have observed the visible church consisting of visible saints , plainly spoken of , as the body of christ , cor. . , . cor. , . . i know the visible church is not all one with the invisible and mystical body of christ ; but he who denyeth the visible church to ●e the visible , political , ministerial body of christ , must also deny the visible church to be the visible church ; for if a church , then certainly the body of christ , at least visibly . the next thing which i did replie , was in explanation of the text , which was to this sence . he that is the churches head , is over all , both as he is the sonne of god , or as the apostle saith rom. . . god over all , blessed for ever , yea even as man he is over or above all creatures , being exalted to a higher degree of glory , majesty , and dignity , then man or angel ever was , or shall be : but neither his divine omnipotency , nor the height of glory and honour which as man he is exalted to , nor both these together in the mediator and head of the church , omnipotency and exaltation to glory , can prove that ( as mediator ) he exerciseth his kingly office over all principalities and powers , and that they hold of and under him as mediator . mr. hussey replieth that the text makes christ over or above principalities and powers , not onely in dignity and honour , but as king or head of them , and that thus we must understand the comparison , that he is above principality in principality , power in power , might in might , dominion in dominion . this is nothing but a begging of what is in question : that the power and dominion of the civil magistrate , is eminently in christ as mediator , and from him ( so considered ) derived to the magistrate , is that which i deny can be proved from that text ; and lo when he comes to the point of probation , he supposeth what he had to prove . my exposition of the text made good sence ; for as an earthly king is exalted to have more power and more glory , then those not onely of his subjects , but of another state or kingdom to whom he is not king ; so the mediator and king of the church is exalted to power and glory far above all principality and power , but is not therefore head or king or governor to all principality and power , as mediator . and as me exposition makes good sence of the text , his makes very bad sence of it . for if christ as mediator be head and king of all principalities , powers , and dominions , then he is , as mediator , head and king of heathenish and turkish principality , power , might , and dominion ; and when the apostle wrote this to the ephesians , it must be granted ( according to mr. husseys glosse ) that christ as mediator was head and king of the romane emperour , and that caesar held his office of and under christ as mediator : for if head of all principality , how shall they except any ? i further brought severall reasons from the text it self . the first was this , the honour and dignity of jesus christ there spoken of , hath place not onely in this world , but in that which is to come ( vers . ) but the kingdom and government which is given to christ as mediator , shall not continue in the world to come . mr. hussey answereth pag. . this is ignoratio el nehi , it followeth not , that which belongeth to him in reference to the world to come , belongeth not to him as mediator , therefore that government that is given to him in reference to this world , is not given to him as mediator . but still he beggs what is in question , and divideth asunder what the text coupleth together , not onely in this world , but also in that which is to come : here is a rising and heightning , but no contradistinction , nothing here of one exaltation in reference to the world to come , another in reference to this world : but that exaltation of christ above every name that is named , ( which this text speaks of ) beginnes in this world , and shall continue in the world to come . calvin . in eph. . . seculi autem futuri disertam facit mentionem , ut significet non temporalem esse christi excellentiam , sed aeternam . he makes expresse mention of the world to come , that he may signifie christs excellency not to be temporal , but eternal . this doth well agree to the dignity , excellency , glory , and honour of christ , but it cannot be said that christ shall for ever continue in his kingly office as mediator . the second reason which i fetcht from the text , was from vers . . he hath put all things under his feet ; that is , all things except the church , saith zanchius . but all things are not yet put under his feet , except in respect of gods decree ; it is not yet done actually . heb. . . now christ reignes as mediator before all things be put under his feet , not after all things are put under his feet , which is clear cor. . . act. . , . mr. husseys reply pag. . . saith , that the church is not here to be excepted , but church and all is here put under christs feet , which he proveth by heb. . . he left nothing that is not put under him . but this cannot be understood to be actually done ; for the next words say , but now we see not yet all things put under him : and if not done actually , but in respect of gods decree and fore-knowledge , ( according to the sence i gave out of hierome on eph. . . ) how can it strengthen him in this particular ? we see not yet . this yet shall not expire till the end , when christ shall put down all authority and power . and now when it is said he hath put all things under his feet . ephes. . . that the church is not meant to be comprehended , but to be excepted in that place as zanchius saith , may thus appear ; the apostle distinguisheth the all things from the church , and calls the church the body of christ , and him the head to that body , but the all things are put under christs feet ( his body is not under his feet , but under the head ) and he over all things : for so runs the text , and hath put all things under his feet , and gave him to be the head over all things to the church , which is his body . and whereas mr. hussey distinguisheth between christs putting all his enemies under his feet , cor. . . and the fathers putting all things under his feet , ibid. vers . . and maketh this latter to be an actual putting under him of friends , foes , church and all , whence it seems he would have it to follow , that christ reignes as mediator , even after all things are put under his feet . he is herein easily confuted from heb. . ● . where god the father his putting all things under christs feet , is plainly declared to be a thing to come , and not yet actually done . the next reason which i gave out of the text was from those words , and gave him to be the head over all thiags to the church ; christs headship and his government as mediator , are commensurable . christ is a head to none but to his church . these words of mine mr. hussey changeth thus : he is head over none saith mr. gilespie , but his church , and then he addeth , is this to argue out of scripture , or rather to deny and outface the scripture ? the scripture saith , he is over all . see what unconscionable impudent boldnesse this is , to cite my words ( yea in a different character too , that his reader may beleeve it the better ) and yet to change not onely my words , but my meaning . i purposely kept my self to the text , that christ is a head to none but to his church , yet he that is the churches head is over all things . and since mr. hussey will needs hold that christ as mediator is head of all things ( which the text saith not ) what were the consequence hereof ? the text saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 over all things , not over all persons onely : so heb. , . compared with psal. . , . whence it followes by mr. husseys principles ( which i tremble to mention ) that christ as mediator is head and king not onely of men , but of sheep , oxen , fowles , and fishes . behold how dangerous it is for men to be wise above that which is written . the last reason which i brought from the last verse , was this , the church is there called christs fulnesse in reference to his headship . this mr. hussey saith , seemeth to come tolerably from the text ; but the next words , that which makes him full and compleat so farre as he is a head or king : he calls a fallacy , how commeth this word king in here ? saith he ; first here he yeelds that the church makes christ full and compleat so farre as he is a head , whence it followeth that as mediator he is onely the churches head , and there is no other body of christ but the church ; for if the church be his fulnesse , his compleat body , there can be no other body of christ. doth not this destroy what he hath been arguing for , that christ as mediator is head of all principality and power ? and for the word king , it may well come in where head commeth : for is not christs kingdom as mediator , commensurable with his headship as mediator ? is he as mediator king to any to whom he is not head ? surely this very answer as it is his last , so it really yeeldeth the cause . the tenth objection is that which i my self moved to prevent my antagonists . christ is called the head of all principality and power , col. . . to this i answered out of bullinger , gualther , and tossanus ; the scope and meaning of the apostle , is to shew that christ is true god , and therefore we must not understand the apostle to speak of christs headship as he is mediator , but as he is the natural and eternal sonne of god. mr. hussey pag. . thinks it is no good consequence , the apostle speaks not of christ as mediator , because he speaks of him as true god , is not christ saith he , true god as mediator ? i answer , as mediator he is god-man . but he must remember the argument is urged to prove the subordination of all principality and power to jesus christ as mediator . now let him prove that the apostle speaketh there of christ as mediator ; i say he speaketh of christ as god ; he cannot conclude against what i said , except he argue thus , that which christ is as god , he is as mediator ; which is false , as i have made it appear else-where . well : but mr. hussey proves from the text that christ is there spoken of as mediator . vers . , . for in him dwelleth the fulnesse of the god-head bodily , and ye are compleat in him which is the head of all principality and power . but he draweth no argument from the words . neither is there any thing in them which maketh against me . the apostle shews them , that the man jesus christ is also true god , equal and consubstantial with the father ; for the very fulnesse of the god-head is in him , that is , he is fully and compleatly god , so that saith calvin , they who desire something more then christ , must desire something more then god. wherefore our writers make the right use of this place when they bring it against the socinians , to prove the god-head of christ. see christian. becman . exercit . . this fulnesse of the god-head is in christ bodily , that is , either personally , to distinguish him from the holy men of god , who were inspired by the holy ghost ; or substantially , as others take the word , in opposition to the tabernacle and temple in which the god-head was typically . ye are compleat in him , saith the apostle , meaning because he is compleatly god , so that we need not invocate or worship angels , as if we were not compleat in christ. mr. hussey admitteth what i said concerning the scope of the place , to teach the colossians not to worship angels , because servants : but saith he , may they not worship christ as mediator ? yes doubtlesse they may . no doubt he that is mediator must be worshipped , because he is god ; christ god-man is the object of divine adoration , and his god-head is the cause of that adoration ; but whether he is to be worshipped because he is mediator , or under this formall consideration as mediator ; and whether the mediator ought to be therefore adored with divine adoration , because he is mediator , is res altioris indaginis . if mr. hussey please to read and consider what divers school ▪ men have said upon that point , as aquinas tertia part . quaest . . art . . & . alex. alensis sum. theol. part ▪ . quaest . . membr . . suarez in tertiam part . thomae disp. . sect . . valentia comment . in tho. tom. . disp. . quaest . . punct . . tannerus theol. scholast . tom. . disp. . quaest . . dub. . but much more if he please to read disputatio de adoratione christi , habita inter faustum socinum & christianum francken : and above all dr. voetius select . disput . ex poster . part . theol. disp. . an christus qua mediator sit adorandus ? then i beleeve he will be more wary and cautious what he holds concerning that question . but i must not be ledd out of my way to multiply questions unnecessarily : all that i said was , that the apostle teacheth the colossians , not to worship angels , because they are servants , but christ the son of the living god , who is the head and lord of angels ; and in that place the apostle speaketh of the honour which is due to christ as god ; and if we would know in what sence the apostle calls christ the head of all principality and power , see how he expounds himsel coloss. . , , . speaking of the god-head of jesus christ. finally , if mr. hussey will prove any thing from coloss. . . against us , he must prove that those words which is the head of all principality and power , are meant in reference not onely to the angels , but to civil magistrates ; and next , that they are meant of christ , not onely as god , but as mediator . both which he hath to prove , for they are not yet proved . chap. vii . arguments for the negative of that question formerly propounded . my arguments against the derivation of magistracy from jesus christ as mediator , and against the magistrates holding of his office of and under christ as mediator , are these . first , this doctrine doth evacuate and nullifie the civil authority and government of all heathen or pagan magistrat● ; for which way was the authority of government derived from christ , and from him as mediator , to a pagan magistrate or emperour ? if he hath not his power from christ as mediator , then he is but an usurper , and hath no just title to reign , according to their principles which hold that all government , even civil , is given to c rist , and to him as mediator . mr. hussey forsooth doth learnedly yeeld the argument , and answereth pag. . that not onely it is a sin to be a heathen , but the government of a heathen is sinfull and unlawfull , for which he gives this reason , whatsoever is not of faith is sin . he might as well conclude , in that sence , that the best vertues of the heathen were sin , because not of faith , that is , accidentally sin , in respect of the end , or manner of doing , not materially , or in their own nature . vpon the same reason he must conclude , that the government of a christian magistrate is unlawfull , if it be not of faith , as oftimes it is not , through the blindnesse and corruption of mens hearts who govern . but whether is the government of a heathen magistrate per se , simpliciter , & ex natura sua , unlawful and sinful ? whether hath he any just right or title to government and magistracy ? if his title to civil magistracie be just , and if his government be in it self materially and substantially lawful ▪ then he must have a commission from christ , and from him as mediator : this i suppose cannot be mr. husseys sence , for he hath not answered one syllable to the argument , tending that way . but if the government of an heathen magistrate be in it self materially , substantially , and in the nature of the tenure , sinfull and unlawfull , so that as long as he remains an heathen , he hath no reall right , nor true title to government , but onely a pretended and usurped title ( which must needs be mr. husseys sence , if he hath answered any thing at all to my argument ) then he goeth crosse not onely to the holy men of god in the old testament who honoured heathen princes , and were subject to them as to lawful magistrates ; but also to the doctrine of jesus christ , who taught his disciples to give unto caesar what is caesars ; and of the apostles who in their time exhorted the churches to be subject even to heathen magistrates ( for they had no other at that time ) to obey them , to pray for them . rom. . titus . . tim. . , . pet. . , . . it is justly condemned as one of the errors of the anabaptists , that an heathen magistrate is not to be acknowledged as a lawfull magistrate , or as being from god. see gerhard loc . com . tom. . pag. p. hinkelmannus de anabaptismo disp . . cap. . the scriptures now cited are so clear , that when mr. hussey saith of the heathen magistrate , let baal plead for himself , he might as well have said , that christ and his apostles pleaded for baal . they that plead for the authority of an heathen magistrate do not plead for baal , but for god , and for his ordinance : for the powers that be , are ordained of god , saith paul speaking even of the heathen magistrates , rom. . . but what will mr. hussey say , if his great master erastus be found a pleader for baal , as much as i am ? confirm . thes. lib. . cap. . pag. . speaking of the heathen and unbeleeving magistrates , before whom the corinthians went to law one against another , he saith , an non est impius quoque magistratus à deo praepositus , ut subjectes quoslibet ab injuria & vi tueatur ? is not the ungodly magistrate also preferred by god , that he may defend any of his subjects from injury and violence . yea the scriptures afore touched are so clear in this point , that gamachaeus in primam secunda quaest. . & . cap. . though he hold that by humane and ecclesiastical right , pagan princes lose their dominion and authority over their subjects , when their subjects turne christians ; yet he acknowledgeth that they still retain their former jurisdiction over those subjects , by the law of god and nature . surely one might as well say , that heathen parents are unlawful , and heathen masters are unlawful , and heathen husbands are unlawful ; ( all which were contrary to the word of god ) as to say that heathen magistrates are unlawful . take the instance in parents , for all lawful magistrates are fathers by the fifth commandement . doth the paternity of a heathen father differre specie , from the paternity of a christian father ? are they not both lawful parents , being made such by god and nature ? are not their children bound to honour them , and be subject to them , and obey them in things lawful ? the paternity is the same in se , but different modaliter that i may borrow a distinction from mr. hussey . the christian father is sanctified , and qualified to do service to jesus christ , as a father , in educating his children christianly , which an heathen father can not do . so the heathen magistrate , and the christian magistrate are both lawful magistrates , being made such by god and nature , or by election of people : they are both of them to be honoured , submitted unto , and obeyed , they are both of them the ministers of god for good to their people : their power is the same in actu signato , though not in actu exercito . the heathen magistrate may do and ought to do what the christian magistrate doth ; but the christian magistrate is fitted , qualified , enabled , and sanctified to glorifie and serve jesus christ , as a magistrate , which the heathen magistrate is not . secondly , they that hold the derivation of magistracy to be from jesus christ , and that it is held of and under him as mediator , must either shew from scripture that jesus christ as mediator hath given a commission of vicegerentship or deputyship to the christian magistrate , or otherwise acknowledge , that they have given the most dangerous and deadly wound , even to christian magistracy it self , which ever before it received . mr. hussey pag. answereth , i conceive he ( the christian magistrate ) hath a commission from christ : but when he should prove it ( which my argument calld for ) here he is at a losse . he citeth psal. ▪ . all kings shall fall downe before him , all nations shall serve him . isa. . . that nation and kingdom that will not serve thee shall perish . i hope indeed there is a time comming when all kings shall fall down before jesus christ , and all nations shall serve him , and that will make an end of the erastian controversie . but i pray , do all that serve jesus christ , hold their office of and under christ , as mediator , and as his vicegerents ? then the poorest servant that fears god shall be a vicegerent of jesus christ , as mediator , and shall have a commission from christ to that effect , for every godly servant doth not serve his master onely , but christ , eph. . , , . again , if those who shall perish because they serve not christ , be his deputies and vicegerents ; then the wickedest persecuters in the world shall have a commission of vicegerentship from jesus christ. well , let the christian magistrate animadvert , whether these men have done any thank-worthy service to magistracy , who will needs have it to hold of and un●er christ as mediator , and by a commission of vicegerentship from him ; and when they are put to it , to produce that commission , they prove no more then agreeth either to the meanest christian , or to the wickedest persecuter . the ministery hath a clear undeniable commission from christ as mediator ( even our opposites themselves being judges ) matth. . . and . . . iohn . , ▪ . cor. . , . eph. . , . act. . . tit. . . i say therefore again ▪ let them also shew from scripture a commission from jesus christ constituting christian magistrates to be his vicegerents as he is mediator , and to hold their office of and under him as mediator : which if they cannot shew , they have done a greater disservice to the christian magistrate , then they can easily repair or amend : we are sure the lawful magistrate ( whether heathen or christian ) is gods vicegerent ▪ and that is a safe holding of his office . but our opposites shall never prove , that any civil magistrate ( though christian and godly ) is the vicegerent of jesus christ as mediator . and in seeking to prove it , i am perswaded they shall but discover their own weaknesse , and shall also weaken the magistrates authority more then they can strengthen it . thirdly , the scripture intimateth this difference between ministery and magistracy ; that the work of the ministery and the administrations thereof are performed in the name of jesus christ as mediator and king of the church : the work of magistracy not so , except we adde to the word of god ; they who will do any thing in the name of jesus christ as mediator , and cannot find any scripture which can warrant their so doing , are lyars , and the truth is not in them . now let our opposites shew ( if they can ) where they find in scripture , that the christian magistrate is to rule in the name of christ , to judge in the name of christ , to make laws in the name of christ , to make war or peace in the name of christ , to punish evil doers with the temporal sword in the name of christ. of the ministery i did shew , that in the name of the lord jesus christ we do assemble our selves together , matth. . . in his name doe we preach , luk. . . act. . , . and . . . and . . in his name do we baptize , act. . . and . . and . . in his name do we excommunicate , cor. . . these my proofs from scripture mr. hussey pag. . professeth he will examine according to laws of disputation . i know none transgresseth those laws more than himself , and even in this very place where he professeth to keep close to lawes of disputation : my first proof from matth. . . he quarrelleth upon a meer mistake of his owne . he saith i brought it to prove the institution of church-officers , and that to prove it , i do appropriate the meeting in the name of hcrist to church-officers , and thereupon he tells us the text saith not , that none shall gather together in my name but church-officers . are these mr. husseys lawes of disputation ? he had need to be a better disputer who calls others to school . i did not speak here of the institution of church-officers , and far lesse did i exclude all others from meeting in the name of christ ; church-officers assemble in the name of christ with the church ; and when they assemble in the name of christ apart , and without the multitude , will it follow that because they meet in the name of christ , therefore none but they meet in the name of christ. well , let mr. hussey try all his logick in this consequence , it will not do . the sixth general councell , actione . apply unto their owne oecumenicall assembly , that promise of christ matth. . . where two or three are gathered together in my name , &c. protestant writers both in their commentaries , and polemick writings , do usually apply the same text to synods and councells : for instance , calvin . instit. lib. . cap. . sect . & . holds that the authority of councells dependeth upon that promise of christ , where two or three are met together in my name , &c. that which went before , carries it to assemblies for acts of discipline , as being principally intended in that place . the promise ver . . is general , belonging to all church assemblies : yet in that place it is applyed to assemblies of church-officers for discipline . but neither need i go so far in this present argument ; for when church-officers meet with the church for the word , sacraments ▪ and other parts of worship , this is in the name of jesus christ , without all controversie , and this is enough to justifie all that i brought that text for ; especially there being herein a difference between sacred and civil assemblies : there is no such promise made to magistrates courts of justice , as to church assemblies . that which he citeth out of dr. whittaker and bishop mortoun makes nothing against me , neither doth he quote the places , peradventure because he found something in those passages which made against him . whittakers sence is plainly of sacred , and not of civil assemblies . and for that so much controverted text matth. . . tell the church . whittaker expoundeth it as we do against the erastians , tell the pastors and rulers of the church . whittak . de eccles. quaest . . cap. . dic ecclesiae , hoc est pastoribus & praefectis ecclesiae . as for preaching , mr. hussey saith , it is out of question that we preach in the name of christ. well : then let him shew such another thing of the magistrate , as is without controversie done by him in the name of christ. but where i added , that in the name of jesus christ we baptize , though i said no more then the scripture saith , yet he is pleased to object against me . these places he citeth saith he , to prove that we baptize in the name of jesus , as exclusively to father and holy ghost , ( leaving out the words of the commission : matth. . baptize in the name of the father , son , and holy ghost ) for so the state of his question doth require ; for he distinguisheth acutely and acurately between christ as mediator and second person ( he should have said as second person ) in trinity , in all this argument . and so he concludes that which i had said to be contrary to the words of the commission and the practice of all churches . what doth he drive at ? i cited plain texts to prove that baptisme is administred in the name of christ : either mr. hussey denyeth that this is done in the name of christ as mediator : or he denyeth it not . if he denie it , let him speak it out , and he shall not want an answer . mean while let him remember that himself pag. . saith , that christ as mediator did give that commission to the apostles , go preach and baptize . if he denie it not , then let him give the like instance for magistracy and civil government , to prove it to be managed in the name of jesus christ as mediator , else he must not plead that magistracy is of the same tenure from christ as the ministery . again , either he admitteth a distinction between christ as mediator , and as second person in trinity , or not . if he doe not , he will infallibly wind himself into a grosse heresie ; as namely these two . . he must denie that principle which according to the word of god , all orthodox divines hold against the arrians and antitrinitarians , that t christ as mediator is subordinate unto , and lesser then the father ; but as second person in the trinity he is not subordinate unto nor lesser then the father , nor the father greater then he , but as such he is equal with the father in greatnesse , glory , and honour . . as opera trinitatis ad extra sunt indivisa , he must also hold that whatsoever christ as mediator doth , that also the father and the holy ghost doth : but christ as mediator did humble himself to the death , offer himself in a sacrifice for sin , maketh intercession for us , ergo , he must conclude the father doth the same . but if he do admit the distinction as mediator , and as second person in trinity , then why doth he so often quarrell it ? and in this very place his argument must drive against that distinction , or against nothing . but how doth the baptizing in the name of christ as mediator , agree with the commission to baptize in the name of the father ▪ son , and holy ghost ? though this belong not to my argument , yet i will by the way speak to it . first i say , the question is of things or actions , not of words . mr. hussey ( it seems ) did apprehend my meaning , as if i had intended an expression to be made in the act of baptizing , thus , i baptize thee in the name of iesus christ. but i spake of the action , not of the expression , even as in the other instance i gave ; our assembling together is in the name of christ , though we do not say in terminis , we are now assembled in the name of christ. in baptisme christ doth not command us to say , either these words , i baptize thee in the name of christ ; or these words , i baptize thee in the name of the father , son , and holy ghost : but we are commanded to do the thing , both in the name of christ as mediator , and in the name of the father , son , and holy ghost : but in different respects . a minister of christ doth both preach and baptize in the name of christ as mediator , that is vice christi ▪ in christs stead , and having authority for that effect from christ as mediator ; for christ as mediator gave us our commission to preach and baptize by mr. husseys confession . so that to preach and baptize 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which we find both of preaching , luk. . and of baptizing , act. . . ) comprehendeth a formall commission , power and authority given and derived from christ , i say not that it comprehendeth no more , but this it doth comprehend . but when christ biddeth us baptise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto , or into , or in the name of the father , son , and holy ghost , mat. . . this doth relate to the end and effect of baptisme , or the good of the baptized ( if we understand the words properly ) not the authority of the baptizer , as if a formall commission were there given him from the father , son , and holy ghost . so that to baptize one in or unto the name of the father , son , and holy ghost , is properly meant both of sealing the parties right and title to the enjoyment of god himself , as their god by covenant , and their interest in the love of god , the grace of christ , and the communion of the holy ghost ; and of dedicating the party to the knowledge , profession , saith , love , and obedience of god , the father , son , and holy ghost . i return , the next branch of my argument was that we excommunicate in the name of christ cor. . mr. hussey pag. . saith i make great hast here , deliver to sathan saith he is not to excommunicate , &c. but grant that it were excommunication , &c. the decree was pauls , and not the corinthians . what is meant by delivering to sathan , belongs to another debate . call it an apostolicall act , or call it an ecclesiasticall act , or both , yet it was done in the name of the lord jesus christ ; the like whereof we find not in scripture of any act of the civil magistrate . why doth he not attend to the drift of the argument ? and as to his exceptions u they are no other then prelats , papists , and socinians have made before him , and which are answered long agoe . that the apostle commandeth to excommunicate the incestuous man , is acknowledged by mr. prynne . that he who is excommunicated may be truly said to be delivered to sathan , is undeniable ; for he that is cast out of the church , whose sins are retained , on whom the kingdom of heaven is shut and locked , whom neither christ nor his church doth owne , is delivered to sathan , who reignes without the church . that this censure or punishment of excommunication was a church act , and not an apostolicall act onely , may thus appear . . the apostle blameth the corinthians , that it was not sooner done ; he would not have blamed them , that a miracle was not wrought . . he writeth to them , to do it when they were gathered together , not to declare or witnesse what the apostle had done , but to joyne with him in the authoritative doing of it , vers . . . again he saith to them vers . . purge out therfore the old leaven . vers . . doe not ye judge them that are within ? vers . . put away from among your selves that wicked person . . it was a censure inflicted by many , . cor. . not by the apostle alone , but by many . . the apostle doth not absolve the man , but writeth to them to forgive him , cor. . . lastly , the syriack maketh for us , which runneth thus , vers . . that in the name of our lord jesus christ , you all may be gathered together , and i with you in the spirit , with the power of our lord iesus christ , vers . . that you may deliver him to sathan . &c. but now at last mr. hussey comes home , and gives this answer to my third argument . a thing may be said to be done in the name of christ or of god , when men do any thing in confidence that god will assist us : so psal. . in the name of our god will we set up our banners in confidence god will assist us : thus i hope the parliament and other christians may undertake the businesse in the name of christ , &c. secondly , in the name of christ a thing is said to be done , that is done in the authority , room , and place of christ , &c. so he pag. . seeking a knot in the rush . in the first part of his distinction , he saith nothing to my argument , neither saith he any more of the parliament then agreeth to all christians , the poorest and meanest ; for every christian servant , every christian artificer is bound to do whatsoever he doth , in the name of christ , colos. . . but what is that to the argument ? come to the other member of his distinction . the ministers of christ do act in the name of christ : that is , in the authority , room and place of christ ; we are ambassadors for christ , and we preach in christs stead , cor. . . this he doth not nor cannot denie : ( which makes good my argument ; ) why did he not shew us the like concerning magistracy ? i suppose he would , if he could : this is the very point which he had to speak to , but hath not done it . my fourth argument against the magistrates holding of his office of , and under , and for christ , that is , in christs room and stead as mediator , shall be that which was drawn from luk. . . the jewes were of the same opinion , which mr. coleman and mr. hussey have followed , namely , that civil government should be put in the hands of christ , which they collected from ier. . . he shall execute justice and judgement in the earth ; and such other prophecies by them mis-understood . and hence it was that one said to christ , master , speak to my brother that he divide the inheritance with me . our lords answer was , man who made me a judge or a divider over you . whatsoever act of authority is done by a deputy or vicegerent , as representing his master and soveraigne , may be done by the king himself when personally present : if therefore the magistrate judge civil causes , and divide inheritances , as the vicegerent of christ , and of christ as mediator , then christ himself , when present in the dayes of his flesh , had power as mediator to judge such causes . but this christ himself plainly denyeth . let us hear mr. husseys answer , pag. . ( it is the very same with that which azorius instit. mor. part . . lib. . cap. . ( pleading for the popes temporall dominion ) answereth concerning the point now in hand ) it doth not follow that because christ was not a iudge actu exercito , therefore the originall right of government was not in him : and this objection may be answered thus , christ doth not say he was not a iudge , but who made me a iudge ? how dost thou know that i am a iudge ? and thus christ in the time of his humiliation did often hide the manifestation of his power . x what greater violence could be offered to the text ? for the verbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituit is purposely used to deny the power or right , as well as the exercise ; and proveth that he was not a judge actu signato , having no such power nor authority given him , it is the same phrase which is used act. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , who made thee a ruler and a judge ? moses was then beginning to do the part of a ruler and a judge , actu exercito ; but they refuse him as having no warrant , power , nor authority , act. . . the apostles bid choose seven deacons , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whom we may appoint say they over this businesse , tit. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and ordain elders in every city : yet neither can that of the deacons , nor this of the elders , be understood otherwise , then of the right , power , and authority given them . see the like heb. . . luk. . . matth. . . the scope therefore of christs answer was this ( as aretius upon the place ) non debeo aliena munia invadere . i ought not to invade such offices as belong to others , not to me . some of the jesuits ( as forward as they are to defend the temporal power of the pope as christs vicar on earth , yet ) cannot shut their eies against the light of this text , who made me a judge or a divider over you ? but they are forced to acknowledge y that christ denies that he had any right or authority to be a civil judge . for how can he who is authorized to be a judge say , who made me a judge ? the fifth argument i take from iohn . . my kingdom is not of this world. the great jealousie and fear which both herod and pilate had of christ ; was , that they understood he was a king. christ clears himself in this point , his kingdom was such as they needed not be afraid of , for though it be in the world , it is not of the world ; though it be here , it is not from hence , it is heterogeneous to temporal monarchy and civil government . mr. hussey pag. . tells us , he knows not how those governments that should be executed by church-officers ▪ should savour lesse of the world then the civil government . for this i remit him to those many and great differences , which i have shewed between the civil and the ecclesiastical power . in the mean while my argument stands in force ; for if all civil government were put in christs hand as he is mediator , and he to depute and substitute others whom he will under him ; then what is there in that answer of his to pilate , which could convincingly answer those mistakes and misapprehensions of the nature of his kingdom . that which is now taught by master hussey , is the very thing which herod and pilate were afraid of : but christ denyeth that which they were afraid of : and vers . . is an answer to the question asked , vers . . art thou the king of the jews ? my kingdom is not of this world , saith he . to the same sence ( as grotius upon the place noteth out of eusebius ) christs kinsmen when they were asked concerning his kingdome , did answer to domitian , z that his kingdom was not worldly ; but heavenly . sixthly , i prove the point from luke . , . and when he was demanded of the pharisees when the kingdom of god should come ; he answered them and said , the kingdom of god commeth not with observation . neither shall they say loe here , or lo there ; for behold the kingdom of god is within you . by the kingdom of god is meant in this place the kingdom of the messiah , as interpreters do unanimously agree . both iohn baptist and chrst himself had preached , that the kingdom of god was at hand ; and the jews themselves were in expectation of the messiah to make them free from the roman yoke , and to restore a temporal or earthly monarchy to israel . hereupon they aske when this kingdom should come . his answer is ▪ the kingdom of god commeth not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with observation , or outward shew and pomp , but it is within you , it is spiritual , it belongs to the inward man. but if the magistrate be christs vicegerent , and hold his office of and under christ as mediator , and if christ as mediator reigne in , through and by the magistrate , then the kingdom of the messiah doth come with observation and pomp , with a crown , a scepter , a sword , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with princely splendor , riches , triumph , such as the pharisees then , and the jews now do expect : which saith grotius is the thing that christ here denieth ; for all the outward pomp , observation , splendor , majesty , power , and authority , which a vicegerent hath , doth principally redound unto his master and soveraign : so that by our opposites principles , the kingdom of christ must come with observation , because the dominion of the magistrate ( whom they hold to be his vicegerent ) commeth with observation . seventhly , that government and authority which hath a foundation in the law of nature and nations ( yea might and should have had place and been of use , though man had not sinned ) cannot be held of and under and managed for christ as he is mediator . but magistracy or civil government hath a foundation in the law of nature and nations ( yea might and should have had place and been of use though man had not sinned ) ergo. the reason of the proposition , is because the law of nature and nations , and the law which was written in mans heart in his first creation , doth not flow from christ as mediator , but from god as creator : neither can it be said that christ as mediator ruleth and governeth all nations by the law of nature and nations , or that christ should have reigned as mediator , though man had not sinned . the assumption is proved by gerhard loc . com . tom. . pag. . . in the state of innocency there had been no such use of magistracy as now there is ; for there had been no evil doers to be punished , no unruly persons to be restrained ; yet as the wife had been subject to the husband , and the son to the father , so no doubt there had been an union of diverse families under one head , man being naturally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as aristotle calls him , he is for society and policy , and how can it be imagined that mankind multiplying upon the earth should have been without headship , superiority , order , society , govenment ? and what wonder that the law of nature teach all nations some government : a hicrome observeth , that nature guideth the very reasonlesse creatures to a kind of magistracy . eightly , if the scripture hold forth the same derivation or origination of magistracy in the christian magistrate and in the heathen magistrate , then it is not safe to us to hold that the christian magistrate holds his office of and under christ as mediator . but the scripture doth hold forth the same derivation or origination of magistracy in the christian magistrate , and in the heathen magistrate . ergo , the proposition hath this reason for it , because the heathen magistrate doth not hold his office of and under christ as mediator ; neither doth mr. hussey herein contradict me : onely he holds the heathen magistrate and his government to be unlawful : wherein he is anabaptistical , and is confuted by my first argument . as for the assumption , it is proved from divers scriptures , and namely these , rom. . . the powers that be , are ordained of god , which is spoken of heathen magistrates . dan. . . thou o king art a king of kings , for the god of heaven hath given thee a kingdom , power , and strength , and glory . so saith daniel to nebuchadnezzar an idolatrous and heathen king. see the like ier. . . isa. . . god sent his servant the prophet to anoint hazael king over syria ; kings . . read to this purpose augustine de civit . dei , lib. . cap. . where he saith b that the same god gave a kingdom and authority both to the romans , assyrians , persians , hebrews ; and that he who gave the kingdom to the best emperors , gave it also to the worst ▪ emperors ; yea he that gave it to constantine a christian ▪ did also give it saith he , to iulian the apostate . tertullian apol. cap. . speaking of the heathen emperors of that time , saith that they were from god , à quo sunt secundi , post quem primi ante omnes , that he who had made them men , did also make them emperors , and give them their power . ibid. cap. . ut meritò dixerim noster est magis caesar , ut a nostro deo constitutus : so that i may justly say , caesar is rather ours , as being placed by our god : saith he , speaking to the pagans in the behalf of christians . wherefore though there be huge and vast differences between the christian magistrate and the heathen magistrate , the former excelling the latter , as much as light doth darknesse , yet in this point of the derivation and tenure of magistracy ; they both are equally interested , and the scripture sheweth no difference , as to that point . chap. viii . of the power and priviledge of the magistrate in things and causes ecclesiastical ; what it is not , and what it is . the new notion that the christian magistrate is a church-officer , and magistracy an ecclesiastical as well as a civil administration , calls to mind that of the wise-man ; is there any thing whereof it may be said , see this is new ? it hath been already of old time which was before us . plato in his politicus ( a little after the middle of that book ) tells me , that the kings of egypt were also priests , and that in many cities of the grecians , the supream magistrate had the administration of the holy things . notwithstanding even in this particular there still appeareth some new thing under the sun. for plato tells me again epist. . that those supreme magistrates who were priests , might not be present nor joyne in criminall nor capitall judgements , lest they ( being priests ) should be defiled . if you look after some other president for the union of civil and ecclesiastical government , secular and spirituall administrations ▪ in one and the same person or persons , perhaps it were not hard to find such presidents , as our opposites will be ashamed to owne . i am sure heathens themselves have known the difference between the office of priests and the office of magistrates . aristotle de repub. lib. . cap. . speaking of priests saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for this is another thing then civil magistrates . he had said before , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a civil society hath need of many rulers : but every 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who is made by election or lot , is not a civil magistrate : and the first instance he giveth is that of the priests : and so aristotle would have the priest to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a ruler , but not a civil magistrate . so de repub. lib. . cap. . he distingu sheth between the priests and the judges in a citty . but to the matter . i will here endeavour to make these two things appear . . that no administration formally and properly ecclesiasticall ( and namely the dispencing of church censures ) doth belong unto the magistrate , nor may ( according to the word of god ) be assumed and exercised by him , . that christ hath not made the magistrate head of the church , to receive appeals ( properly so called ) from all ecclesiasticall assemblies . touching the first of these , it is no other than is held forth in the irish articles of faith ( famous among orthodox and learned men in these kingdoms ) which do plainly exclude the magistrate from the administration of the word and sacraments , and from the power of the keys of the kingdom of heaven . it is the unhappinesse of this time that this and other truths formerly out of controversie , should be so much stuck at and doubted of by some . now that the corrective part of church-government , or the censure of scandalous persons in reference to the purging of the church , and keeping pure of the ordinances , is no part of the magistrates office , but is a distinct charge belonging of right to ministers and elders ; as it may fully appear by the arguments brought afterwards to prove a government in the church distinct from magistracy : ( which arguments will necessarily carry the power of church censures and the administration of the keys of the kingdom of heaven into other hands then the magistrates ; ) so i shall here strengthen it by these confirmations . first , church-censures must needs be dispensed by ministers and elders , because they are heterogeneous to magistracy : for first , the magistrate by the power which is in his hand , ought to punish any of his subjects that doe evil , and he ought to punish like si●s with like punishments . but if the power of church-censures be in the magistrates hands , he cannot walk by that rule ; for church-censures are onely for church-members , not for all subjects : cor. . . . secondly , church-censures are to be executed in the name of christ , matth. . . with vers . , . cor. . . and this cannot be done in his name , by any other but such as have commission from him to bind and loose , forgive and retain sins . but where is any such commission given to the civil magistrate , christian more then heathen ? thirdly , church-censures are for impenitent contumacious offenders : but the magistrate doth and must punish offenders ( when the course of justice and law so requireth ) whether they appear penitent or impenitent . fourthly , the magistrates power of punishing offenders , is bounded by the law of the land . what then shall become of such scandalls as are not crimes punishable by the law of the land ? such as obscene rotten talking , adulterous and vile behaviour , or the most scandalous conversing and companying together ( though the crime of adultery cannot be proved by witnesses ) living in known malice and envie , refusing to be reconciled , and thereupon lying off ( it may be for a long time ) from the sacrament , and the like , which are not proper to be taken notice of by the civil judge . so that in this case , either there must be church-censures and discipline exercised by church-officers , or the magistrate must go beyond his limits : or lastly . scandalls shall spread in the church , and no remedy against them . far be it from the thoughts of christian magistrates , that scandalls of this kind shall be tolerated , to the dishonour of god , the laying of the stumbling blocks of bad examples before others , and to the violation and pollution of the ordinances of jesus christ , who hath commanded to keep his ordinances pure . a second argument may be this , in the old testament god did not command the magistrates , but the priests to put a difference betwixt the prophane and the holy , the unclean and the clean : levit. . . ezech. . . ezech. . , . deut. . . chron. . , . and in the new testament , the keyes of the kingdom of heaven are given to the ministers of the church : matth. . . and . . iohn . . but no where to the civil magistrate . it belongeth to church-officers to censure false doctrine . revel . . . . . to decide controversies , acts . . and to examine and censure scandalls , ezech. , . which is a prophecy concerning the ministery of the new testament . and elders judge an elder , tim. . . or any other church-member . cor. . . thirdly , the scripture holdeth forth the civil and ecclesiastical power as most distinct ; insomuch that it condemneth the spiritualizing of the civil power , aswell as the secularizing of the ecclesiastical power ; state papacy , aswell as papal-state : church-officers may not take the civil sword , nor judg civil causes : luke . , , and . . matth. . . cor. . . tim. . . so uzzah might not touch the ark : nor saul offer burnt offerings : nor uzziah burn incense : i wish we may not have cause to revive the proverb which was used in ambrose his time . that emperors did more covet the priesthood , then the priests did covet the empire . shall it be a sin to church-officers to exercise any act of civil government ? and shal it be no sin to the civil magistrate to ingrosse the whole and sole power of church-government ? are not the two powers formally and specifically distinct ? of which before ▪ chap. . it is to be well noted that maccovius and vedelius who ascribe a sort of papal power to the civil magistrate , to the great scandall of the reformed church ; do notwithstanding acknowledge that christ hath appointed church discipline and censures , and the same to be dispenced by church-officers onely : and that the magistrate as he may not preach the word , and administer the sacraments ; so he may not exercise church-discipline , nor inslict spiritual censures , such as excommunication . though erastus pag. . hath not spared to say , that the magistrate may in the new testament ( though he might not in the old ) exercise the ministeriall function , if he can have so much leisure from his other employments . fourthly , the power of church discipline is intrinsecall to the church , that is , both they who censure , and they who are censured , must be of the church , cor. . . . they must be of one and the same corporation , the one must not be in the body , and the other out of the body . but if this power were in the magistrate , it were extrinsecall to the church . for the magistrate quatenus a magistrate , is not so much as a church-member ; far lesse can the magistrate as magistrate have jurisdiction over church-members , as church members , even as the minister as minister is not a member of the common-wealth or state , far lesse can he , as minister , exercise jurisdiction over the subjects , as subjects . the christian magistrate in england is not a member of the church as a magistrate , but as a christian. and the minister of jesus christ in england , is not subject to the magistrate as he is a minister of christ , but as he is a member of the common-wealth of england he was both a learned man and a great royallist in scotland , who held that all kings , infidel as well as christian , have equal authority and jurisdiction in the church , though all be not alike qualified or able to exercise it . io. wemius , de reg. primat . pag. . let our opposites loose this knot among themselves ; for they are not of one opinion about it . fifthly , church-officers might and did freely and by themselves dispence church-censures , under pagan and unbeleeving magistrates , as is by all confessed : now the church ought not to be in a worse condition under the christian magistrate , then under an infidel ; for the power of the christian magistrate is cumulative , not privative to the church ; he is a nursing father , isa. . . not a step-father . he is keeper , defender and guardian of both tables , but neither judge nor interpreter of scripture . sixthly , i shall shut up this argumentation with a convincing dilemma . the assemblies of church-officers being to exercise discipline , and censure offences ( which is supposed and must be granted in regard of the ordinances of parliament ) either they have power to do this iure proprio , and virtute officii : or onely iure devoluto , and virtute delegationis , such authority being derived from the magistrate ; if the former ; i have what i would ; if the latter , then it followeth , . that where presbyteries and synods do exercise spirituall jurisdiction , not by any power derived from , or dependant upon the civil magistrate , but in the name and authority of iesus christ , and by the power received from him , as in scotland , france , the low-countries , &c. there all ecclesiastical censures , such as deposition of ministers , and excommunication of scandalous and obstinate persons . have been , are , and shall be void , null , and of no effect . even as when the prelaticall party did hold , that the power of ordination and jurisdiction pertaineth onely to prelats , or such as are delegate with commission and authority from them : thereupon they were so put to it by the arguments of the anti-episcopall party , that they were forced to say , that presbyters ordained by presbyters in other reformed churches , are no presbyters , and their excommunication was no excommunication . . it will follow , that the magistrate himself may excommunicate , for nemo potest aliis delegare plus juris quam ipse habet ; no man can give from him by delegation or deputation to another , that right or power which he himself hath not . . if the power of excommunication come by delegation from the magistrate , either the magistrate must in conscience give this power to church-officers onely , or he is free and may without sin give this power to others ; if the former , what can bind up the magistrates conscience , or astrict the thing to church-officers , except it be gods ordinance that they only do it ? if the latter , then though this parliament hath hath taken away the old high commission court , which had potestatem utriusque gladii , yet they may lawfully and without sin erect a new high commission court , made up of those who shall be no church-officers , yea having none of the clergy in it ( as the other had ) with commission and power granted to them to execute spiritual jurisdiction and excommunication , and that not onely in this or that church , yea or province , but in any part of the whole kingdom . so much of the first point . now to the second , concerning appeals to the magistrate , as to the head of the church . it is asked , what remedy shall there be against the abuse of church-discipline by church-officers , except there be appeals from the ecclesiastical courts to the civil magistrate : which if it be , church-officers will be the more wary and cautious to do no man wrong , knowing that they may be made to answer for it : and if it be not , there is a wide dore opened , that ministers may do as they please . answ. look what remedy thene is for abuses in the preaching of the word , and administration of the sacraments ; the like remedy there is for abuses in church-discipline ; mal-administration of the word and sacraments is no lesse sinfull to the ministers , and hurtful to others , then mal-administration of discipline : and in some respects the former is more to the dishonour of god and destruction of men than the latter : ministers have not an arbitrary power to preach what they will , now when the word is not truly preached , nor the sacraments duely administred by any minister or ministers , the magistrate seeketh the redresse of these things ( in a constituted church ) by the convocating of synods , for examining , discovering , and judging of such errors and abuses as are found in particular churches . but if the synod should connive at , or comply with that same error ; yet the magistrate taketh not upon him the supreme and authoritative decision of a controversie of faith , but still endeavoureth to help all this by other ecclesiastical remedies ; as another synod , and yet another , till the evil be removed . the like we say concerning abuses in church-discipline : the magistrate may command a resuming and re-examination of the case in another synod : but still the synod ratisieth or reverseth the censure . in which case it is betwixt the magistrate and the synod , as betwixt the will and understanding ; for voluntas imperat intellectui quo ad exercitium , yet notwithstanding determinatur per intectellum quoad specificationem actus . take for instance this also . if it be a case deserving deposition or degradation : in such a case saith learned salmasius appar . ad lib. de primatu pag. . the prince or magistrate cannot take from a minister that power which was given him in ordination with imposition of hands , for he cannot take away that which he cannot give . but if a prince would have a minister for his offence● to be deprived of his ministeriall power , he must take care that it be done by the ministers themselves ; qui judices veri ipsius sunt , & auferre soli possunt quod per ordinationem dederunt . who are his true judges , and they onely can take away what by ordination they have given . thus salmasius . . and further , if presbyteries or synods exceed the bounds of ecclesiasticall power , and go without the sphaere of their own activity , interposing and judging in a civil cause which concerneth any mans life or estate , the magistrate may reverse and make null whatsoever they do in that kind , and punish themselves for such abuse of their power ; as solomon punished abiathar , and banished him to anathoth , he being guilty of high treason : kings . . it was not a case of scandall onely , or of delinquency or mal-administration in his sacerdotall office , otherwise it had fallen within the cognizance , and jurisdiction of the ecclesiastical sanhedrin . . though the case be meerly spirituall and ecclesiastical the christian magistrate ( by himself and immediatly ) may not onely examine by the judgement of discretion the sentence of the ecclesiastical court , but also when he seeth cause ( either upon the complaint of the party , or scandall given to himself ) interpose by letters , messages , exhortations , and sharp admonitions to the presbyterie or synod , who in that case are bound in conscience , with all respect and honour to the magistrate , to give him a reason of what they have done , and to declare the grounds of their proceedings , till by the blessing of god upon this free and fair dealing , they either give a rationall and satisfactory accompt to the magistrate , or be themselves convinced of their mal-administration of discipline . and in extraordinary cases when the clergy hath made defection , and all church discipline is degenerated into tyrannie , as under popery and prelacy it was ; it belongeth to the magistrate to take the protection of those who are cast out or censured unjustly ; for extraordinary evils must have extraordinary helps . and in this sence we are to understand divers of our reformers and others , groaning under the pressures of the roman clergy , and calling in the help of the civil magistrate for their relief . but we deny that ( in a well constituted church ) it is agreeable to the will of christ , for the magistrate , either c to receive appeals ( properly so called ) from the sentence of an ecclesiastical court , or to receive complaints exhibited against that sentence by the party censured , so as by his authority , upon such complaint , to nullifi● or make void the ecclesiastical censure . the latter of these two v●…delius pleadeth for , not the former . but apollonius oppugneth the latter , as being upon the matter all one with the former . now to ascribe such power to the magistrate , is . to change the pope , but not the po●…edome ; the head , but not the headship ; for is not this the popes chief supremacy , to judge all men ▪ and to be judged of no man , to ratifie or rescind at his pleasure the dec●ees of the church , councels ●nd all : and shall this power now be transferred upon the magistrate ? good lord , where are we , if this shall be the up-shot of our reformation ? o● for it ? shall we condemn the papists and anabaptists who give too little to the magistrate , and then joyn hands with the arminians , who give as much to the magistrate as the pope hath formerly usurp●d ? . appeals lie in the same line of subordination , and do not go de g●…nere in genus ; but the civil and ecclesiasticall courts stand not in one line , neither are they of one kind and nature ; they are disparata , non subordinata . . they who receive appeals , have also power to 〈◊〉 the sentence , else the appeal is in vain . but the magistrate hath no power to execute the church ce●sure , nor to shut out of the church , our opposites themselves being judges . it was not therefore without just cause that augustine did v●ry ●uch ●lame the donatists for their appealing from the ecclesi●stical assemblies , to the emperors and civil c●urts , epist. . and epist. . there are two examples alledged from scripture for appeals from ecclesiastical to civil courts : one is the example of ieremiah ; i●…r . . the other is the example of paul , act. . but neither of the two prove the point . for . ieremiah was not censured by the priests with any spirituall or ecclesiastical censure ( of which alone our controversie is ) but the priests took him and said to him , thou shalt surely die . jer. . . . would god that every christian magistrate may protect the servants of god from such unjust sentences and persecuting decrees . when ecclesiasticall courts are made up of bloody persecuters ▪ that is an extraordinary evil which must have an extraordinary remedy . . neither yet is there any syllable of ieremiahs appealing from the priests to the princes , but the text saith , when the princes of judah heard these things , then they came up , &c. verse . that is , the princes so soon as they understood that the priests had taken ieremiah , and had said to him thou shalt surely die . verse . and being also informed that all the people were gathered together tumultuously and disorderly against the prophet , verse . they thought it their duty to rescue the prophet from the priests and people , that he might be examined and judged by the civil court , he being challenged and accused as one worthy to die . as for pauls appellation to caesar. first , it is supposed by our opposites that he appealed from the ecclesiastical sanhedrin of the jews , which is a great mistake ; for he appealed from the judgement-seat of festus to caesar ; that is , from an in●eriour civil court , to a superiour civil court , which he had just cause to do : for though festus had not yet given forth any sentence against paul , yet he appeals à gravamine , and it was a great grievance indeed , while as festus shew'd himself to be a most corrupt judge , who though the jews could prove none of those things whereof they accused paul , act. . . ( which should have made festus to acquit and dismisse him ) yet being willing to do the jews a pleasure , he would have paul to go to ierusalem , there to be judged before himself . verse . now this was all the favour that the jews had desired of festus , that he would send paul to ierusalem , they laying wait in the way to kill him . vers . . no appellation here from the sanhedrin at ierusalem , where he had not as yet compeered to be examined , far lesse could he appeal from any sentence of the sanhedrin . the most which can be with any colour alleadged from the text , is , that paul declined to be judged by the sanhedrin at ierusalem , they not being his competent and proper judges in that cause . i stand at caesars iudgement-seat saith he , where i ought to be judged ; meaning that he was accused as worthy of death , for sedition , and offending against caesar ; whereof he ought to be judged onely at caesars tribunall ; not by the jews , who were no judges of such matters . a declinator of a judge is one thing , and appellation from his judgement or sentence is another thing . but put the case that paul had indeed appeal●d from the sanhedrin at ierusalem , either it was the civil sanhedrin , or the ecclesiasticall . if the civil , it is no president for appeals from ecclesiastical courts . if the ecclesiastical , yet that serveth not for appeals from ecclesiasticall courts in ecclesiasticall causes ; for it was a capital crime whereof paul was accused . nay , put the case that paul had at that time appealed from the ecclesiastical sanhedrin in an ecclesiastical cause : yet neither could that help our opposites , for the government of the christian church , and the government of the jewish church were at that time separate and distinct , so that the ecclesiastical court , which should have judged of any scandall given by paul ( if at all he ought to have been censured ) had been a christian synod , not a jewish sanhedrin . and so much of appeals . of which question triglandius , revius , and cabeljavius , have peculiarly and fully written . three famous academies also , of leyden , groening , and utrecht , did give their publike testimonies against appeals from ecclesiastical to civil courts . and the three professors of utrecht in their testimony do obtest all christians that love truth and peace , to be cautious and wary of the arminian poyson lurking in the contrary tenent . see cabeljav . defensio potestatis ecclesiasticae . pag. . it is further objected , that thus fixing a spirituall jurisdiction in church-officers , we erect two collateral powers in the kingdom , the civil and the ecclesiastical , unlesse all ecclesiastical courts be subordinate to magistracy , as to a certain head-ship . answ. there is a subordination of persons here , but a co-ordination of powers : a subordination of persons , because as the ministers of the church are subject to the civil magistrate , they being members of the common-wealth or kingdom ; so the magistrate is subject to the ministers of the church , he being a church-member . the former we assert against papists , who say that the clergy is not subject to the magistrate . the latter we hold against those who make the magistrate to be the head of the church : again , a co-ordination of powers ; because as the subjection of the person of the christian magistrate to the pastors and elders of the church , in things pertaining to god , doth not inferre the subordination of the power and office of the magistrate to the church-officers : so the subjection of pastors and elders to the magistrate in all civil things ( as other members of the common-wealth are subject ) may well consist with the co-ordination of the ecclesiastical power with the civil . and as it is an error in papists to make the secular power dependant upon , and derived from the ecclesiasticall power : so it is an error in others to make the ecclesiastical power derived from , and dependant upon the civil power : for the ecclesiastical power is derived from christ , ephes. . . and now while i am expressing my thoughts , i am the more confirmed in the same , by falling upon the concession of one who is of a different judgement ; for he who wrote ius regum in opposition to all spiritual authority exercised under any forme of ecclesiastical government , doth not withstanding acknowledge pag. . both of them ( the magistrate and the minister ) have their commission immediatly from god , and each of them are subject to the other , without any subordination of offices from the one to the other , for the magistrate is no lesse subject to the operation of the word from the mouth of the minister , then any other man whatsoever : and the minister again is as much subject to the authority of the magistrate as any other subject whatsoever ; and therefore though there be no subordination of offices , yet is there of persons ; the person of a minister remaining a subject , but not the function of the ministery . he might have said the same of the exercise of church-discipline which he saith of the preaching of the word , for the same christ who gave the keyes of doctrine , gave also the keys of discipline , without any tye to make the use thereof subject to the pleasure of the civil magistrate . let him prove that the ministery of the word is not subordinate to , nor dependant upon the magistrate ; and i shall prove by the same medium , that the ministery of church-censures hath as little of that subordination in it . and this i must adde , that least of all others can our independent brethren charge the presbyterians with the setting up of an ecclesiastical government co-ordinate with , and not subordinate unto the civil government : for themselves hold as much in this point ( if not more ) then we do . take for instance mr. cotton his k●…yes of the kingdom of heaven , published by mr. goodwyn and mr. nye , pag. . the first subject of the ministeriall power of the keyes , though it be independent in respect of derivation of power from the power of the sword to the performance of any spiritual administration : &c. pag. . as the church is subject to the sword of the magistrate in things which concerne the civil peace : so the magistrate ( if christian ) is subject to the keyes of the church . &c. as for that collaterality which is objected , i answer , the civil and ecclesiastical power , if we speak properly , are not collateral . . they have no footing upon the same ground : there may be many subject to the magistrate , who are no church-members , and so not under the spiritual power : and where the same persons are subject to both the powers , there is no more collaterality in this case , nay , not so much , as is betwixt the power of a father in one man , and the power of a master in another man , when both powers are exercised upon the same man who is both a son and a servant . . powers that are collateral , are of the same eminency and altitude , of the same kinde and nature ; but the civil power is a dominion and lordship : the ecclesiastical power is ministerial , not lordly . . collateral powers do mutually and alike exercise authority over each other respectively . but , though the magistrate may exercise much authority in things ecclesiastical , church-officers can exercise no authority in things civil . the magistrates authority is ecclesiastical objective , though not formaliter : but the church-officers authority is not civil so much as objective , not being exercised about either civil , criminal , or capital cases . . collateral powers are subordinate to , and derived from the supreme and original power , like two branches growing out of the same stock , two streams flowing from the same fountain , two lines drawn from the same center , two arms under the same head . but the power of the magistrate is subordinate unto ; and dependeth upon the dominion of god the creator of all : the power of church-officers dependeth upon the dominion of christ , the mediator and king of the church . i shall conclude my answers to the present objection , with the testimony of learned d salmasius , who hath so overthrown the papal and prelatical government from scripture and antiquity , that he hath withall preserved , yea strengthened the distinction of civil government and church-government , and holdeth that church-censures and civil punishments do very well consist and sweetly agree together . i have now done with the negative part of this present controversie , what the power of the magistrate in ecclesiasticis is not . i proceed to the positive part , what it is . to this i w●ll speak first more generally , then more particularly . for the general , i hold with the large consession of faith of the church of scotland ; art. . moreover to kings , princes , rulers , and magistrates , we affirm , that chiefly and most principally , the conservation and the purgation of the religion appertains ; so that not onely they are appointed for civil policy ▪ but also for maintenance of the true religion , and for suppressing of idolatry and superstition whatsoever . to the same purpose , calvin , instit. lib. . cap. . sect . . hoc nomine maximè laudantnr sancti reges , quòd dei cultum corruptum vel eversum restituerint , vel curam gesserint religionis , ut sub illis pura & incolumis s●…oreret . the like see in zanchius in . praec . pag. . and in polanus syntag. lib. . cap. . they hold that the christian magistrate his office , as concerning religion , is , diligently to take care that in his dominion , or kingdom , religion from the pure word of god , expounded by ●…he word of god it self , and understood according to the principles of faith ( which others call the analogy of faith ) be either instituted , or ( being instituted ) kept pure ; or being corrupted , be restored and reformed : that false doctrines , abuses , idolls , and superstitions be taken away , to the glory of god , and to his own and his subjects salvation . unto these things i do assent as unto safe and undoubted truths . but for the clearer un●erstanding and enodation of our present question , i will particularize and explain what i hold , by these five following distinctions . . distingue materiam subjectam . there are two sorts of things belonging to the church . some which are intrinsecal , and belonging to the soul or inward man , directly and primarily . such things are not to be dispensed and administred by the civil magistrate , i mean the word and sacraments , the keys of the kingdom of heaven , the suspension or excommunication of church-officers or members , the ordination or deposition of officers , the determination and resolution from scripture of controversies concerning the faith , the worship of god , the government of the church , cases of conscience . these being in their nature , end , and use , meerly spiritual , and belonging not to the outward man , but to the inward man or soul , are committed and intrusted to the pastors and other ruling officers of the church , and are not of civil and extrinsecal , but of ecclesiastical and intrinsecal cognizance and judgement . there are other things belonging to the church , which are extrinsecal and do properly belong to the outward man , and are common to the church with other humane societies or corporations . things of this kinde fall within the civil jurisdiction . for the churches of christ , being societies of men and women , and parts of common-wealths , are accountable unto and punishable by the civil magistrate , in their bodies , lives , civil liberties , and temporal estates , for trespasses against the law of god or the law of the land : by the law of god i understand here ius divinum naturale , that is , the moral law or decalogue , as it bindeth all nations ( whether christians or infidels ) being the law of the creator and king of nations . the magistrate by his authority , may and in duty ought to keep his subjects within the bounds of external obedience to that law , and punish the external man with external punishments for external trespasses against that law. from this obligation of the law , and subjection to the corrective power of the magistrate , christian subjects are no more exempted then heathen subjects , but father more straitly obliged . so that if any such trespasse is committed by church-officers or members , the magistrate hath power and authority to summon , examine , judge , and ( after just conviction and proof ) to punish these , as well as other men . we do therefore abominate the disloyal papal tenent , that clergy men are not to be examined and judged by civil , but by ecclesiastical courts onely , even in causes civil and criminal . whereof see duarenus de sacr. eccl. minist . lib. . cap. . spelman concil . britann . tom. . pag. . i further explane my self by that common distinction , that there are two sorts of things that belong to the church , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , things inward , and things outward . for church officers and church-members do consist ( as other men ) of a soul , and of a body . all things properly belonging to the soul or internal man , ( which here we call things inward ) are the object of ecclesiastical power given to church-officers , pastors , and other ruling officers . but what belongs to the outward man , to the bodies of church-officers and members ( which things are outward ) the judging and managing thereof , is in the hand of the magistrate , who ruleth not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those that are without , whom the church judgeth not , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the things outward of the church . salmasius calls the power of the magistrate in things ecclesiastical 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the inward episcopacy or overseeing . which well agreeth with that which constantine said to the bishops , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . you are made bishops of the inward things of the church , i of the things outward . so that he doth not assume their government , but distinguisheth his from theirs . this external inspection and administration of the magistrate , in reference to religion , is twofold . . corrective , by externall punishments . . auxiliary , by externall benefits and adminicles . the magistrate may and ought to be both custos & vindex utriusque tabulae , he ought to preserve both the first and second table of the holy and good law of god , from being despised and violated , and punish by corporal or other temporal punishments such ( whether church officers or church-members ) as openly dishonour god by grosse offences , either against the first or against the second table ; and this he doth as gods deputy and vicegerent subordinate and subservient to that universall dominion which god almighty exerciseth over the children of men . but in doing hereof , he is also helpfull and usefull to the kingdom of christ as mediator ; magistracy being ( in the respects aforesaid ) serviceable and profitable ( as to order the common-wealth aright , so also ) to purge the church of scandals , to promote the course of the gospel , and the edification of one another . but how ? not perfectly , but pro tanto ; not every way , but more suo ; not intrinsecally , but extrinsecally ; not primarily , but secundarily ; not directly , but ex consequenti ; not sub formalitate scandali , sed sub formalitate criminis , not under the notion of scandall , but of crime ; the magistrate in punishing all crimes committed by any in the church ( which are contrary to the law of god ) in suppressing tumults , disorders , in prot●cting the church from danger , harme , or mol●station , in putting a hook in the nostrils , and a bridle in the mouthes of unruly , obstinate , and contumacious sinners , who vexe the church , and create trouble to the people of god ; in so doing , he doth by consequence , and removendo prohibens , purge the church , and advance the kingdom of christ , and the course of the gospel : in the mean while not depriving the church of her owne int●insecall power and jurisdiction , but making it rather more 〈◊〉 by the aid of the secular power . and so much of the corrective part of the magistrates administration . the other part of his administration in reference to religion , is auxiliary , or assistant to the church . for the magistrate watcheth over the outward businesse of the church , not onely by troubling those persons , and punishing those sins that trouble the israel of god ; but by administring such things as are necessary for the well being and comfortable subsistence of the church , and for that end , doth convocate synods pro re nata , ( beside the ordinary and set meetings ) and presideth therein ( if he please ) in externall order , though not in the synodicall debates and resolutions : he addeth his civil sanction to the synodical results , if he find nothing therein which may hurt peace or justice in the common-wealth . the magistrate ought also to take care of the maintenance of the ministery , schooles , poor , and of good works for necessary uses , that religion and learning may not want their necessary adminicles . finally , he ought to take care that all churches be provided with an able , orthodox , and godly ministery , and schools with learned and well qualified teachers , such as shall be best approved by those to whom it belongeth to examine and judge of their qualifications and parts . and all these wayes the magistrate ought to be , and the well affected magistrate hath been and is a nursing father to the church of christ. . my second distinction shall be this : the magistrate may and ought not onely to conserve justice , peace and order in the common-wealth , and in the church , as it is in the common-wealth , but also to take speciall care of the conservation of the true reformed religion , and of the reformation of it when and wherein it needeth to be reformed , imperativè , not elicitivè . the magistrate saith dr. rivet on the decalogue , pag. . is neither to administer word , nor sacraments , nor church discipline , &c. but he is to take care that all these things be done by those whom god hath called thereunto . what ever is properly spiritual belonging to the soul and inward man ( such as church-censures , and the other particulars before mentioned ) cannot be actus elicitus of the magistrate : the magistrate can neither immediatione suppositi , nor immediatione virtutis , determine controversies of faith , ordain ministers , suspend from the sacraments , or excommunicate . he can neither doe these things himself ; nor are they done in the name and authority of the magistrate or by any ministeriall power receeived from him , but in the name and authority of jesus christ , and by the power given from jesus christ. yet all these and generally the administration of the keyes of the kingdom of heaven , are actus imperati of the christian magistrate , and that both antecedenter and consequenter . antecedently , the magistrate may command church-officers to suspend or excommunicate all obstinate and scandalous persons : he may command the classis to ordain able and godly ministers , and no other : he may command a synod to meet , to debate and determine such or such a controversie . consequently also , when the thing is examined , judged , resolved , or done by the ecclesiasticall power , the magistrate hath power and authority to adde his civil sanction confirmation , ot ratification , to make the ecclesiasticall sentence to be obeyed and submitted unto by all whom it concerneth . in all which the christian magistrate doth exceeding much for the conservation and purgation of religion : not elici●…ndo actus , doing or exercising by himself or by his owne authority acts of church . government or discipline , but taking care , that such and such things be done by those to whom they do belong . . distinguish the directive part and the coercive part . the directive part , in the conservation or purgation of religion , doth belong to the ministers and ruling officers of the church assembled together ; in administring therefore that which concerneth religion and peoples spirituall good , the magistrate not onely juvatur , but dirigitur , is not onely helped , but directed by the ecclesiastical directive power ; fest. hon. disp. . thes. . magistracy may say to ministery as moses said to hobab ; thou mayest be to us in stead of eyes . ad sacrae religionis informationem , fid●…lis magistratus verbi divini administris , veluti oculis , uti debet ; and for that end he is to make use of consistoriall and synodicall assemblies say the professors of l●…yden , synopspur . 〈◊〉 . disp. . thes. . but the coercive part , in compelling the obstinate and unruly , to submit to the presbyteriall or synodicall sentence , belongs to the magistrate . not as if the magistrate had nothing to do , but to be an executioner of the pleasure of church-officers , or as if he were by a blind and implicite faith to constrain all men to stand to their determination . god forbid . the magistrate must have his full liberty to judge of that which he is to compell men to do , to judge of it , not onely judicio appreh●…nsivo , by understanding and apprehending ●right what it is , but judicio discretivo , by the judgement of christian prudence and discretion , examining by the word of god , the grounds , reasons , and warrants of the thing , that he may in faith , and not doubtingly , adde his authority thereto . in which judging , he doth iudicare , but not iudicem agere ; that is , he is iudex suarum actionum , he judgeth whether he ought to adde his civil authority to this or that which seemeth good to church-officers , and doth not concur therewith , except he be satisfied in his conscience that he may do so ; yet this makes him not supreme judge or governour in all ecclesiastical causes , which is the prerogative of jesus christ , revealing his will in his word : nor yet doth it invest the magistrate with the subordinate ministeriall forensicall directive judgement in ecclesiastical things or causes , which belongeth to ecclesiasticall not to civil courts . . distinguish between a cumulative and a privativ●… authority . the mag●strate hath indeed an authoritative influence into matters of religion and church-government ; but it is cumulative , that is , the magistrate takes care that church-officers as well as other subjects may do those things which ex officio they are bound to do ; and when they do so , he aideth , assisteth , strengtheneth , ratifieth , and in his way , maketh effectuall what they do . but that which belongs to the magistrate is not privative , in reference to the ecclesiastical government . it is understood salvo jure ecclesiastico : for the magistrate is a nursing father , not a step . father to the church : and the magistrate ( as well as other men ) is under that tye ; cor. . . we can do nothing against the truth , but for the truth . this proviso therefore is justly made , that whatever power the magistrate hath in matters of religion , it is not to hinder the free exercise of church discipline and censures against scandalous and obstinate sinners . as the casuists in other cases distinguish lucrum cessans , and damnum emergens , so must we distinguish between the magistrate his doing no good to the church , and his doing evil to the church : between his not assisting , and his opposing : between his not allowing or authorizing , and his forbidding or restraining . it doth properly and of right belong to the magistrate to adde a civil sanction and strength of a law for strengthning and aiding the exercise of church discipline , or not to add it . and himself is judge whether to add any such cumulative act of favour or not . but the magistrate hath no power nor authority to lay bands and restraints upon church-officers to hinder any of christs ordinances , or to forbid them to do what christ hath given them a commission to do . and if any such restraints of prohibitions or lawes should be laid on us , we ought to obey god rather than men . . distingue tempora . whatever belongs to the magistrate in matters of religion , more then falls under the former distinctions , is extraordinary , and doth not belong to ordinary government . in extraordinary reformations the magistrate may do much by his owne immediate authority , when synods have made defection either from the truth of doctrine , or from holinesse and godlinesse : yet in such a case he ought to consult with such orthodox godly divines as can be had , either in his owne or from other dominions . fest. hon. disp. . thes. . and so much be spoken of the magistrate his power and duty in things and causes ecclesiasticall . as we do not deny to the magistrate any thing which the word of god doth allow him , so we dare not approve his going beyond the bounds and limits which god hath set him . and i pray god that this be not found to be the bottome of the controversie , whether magistracy shall be an arbitrary government ; if not in civil , yet in ecclesiastical things ? whether the magistrate may do , or appoint to be done in the matter of church-government , admission to , or exclusion from the ordinances of christ , what ever shall seem good in his eyes ? and whether in purging of the church he is obliged to follow the rules of scripture , and to consult with learned and godly ministers ? although erastus himself ( as is before observed ) and sutlivius ( a great follower of him ) de presbyt . cap. . are ashamed of , and do disclaim such assertions . chap. ix . that by the word of god there ought to be another government beside magistracy ●r civil goveram●nt , ●amely an ecclesiastical government ( properly so call●d ) in the hands of church-offic●rs . this question hath arisen from mr. colemans third and fourth rule which he offered to the parliament , excluding all government of church-officers , ministers and elders ; that is , as he expounds himself all corrective government , leaving them no power except what is meerly doctrinal , and appropriating all government properly so called to the magistrate onely . mr. hussey following him falls in the same ditch with him . the question is not whether church-officers ought to have any share in the civil government ? nor whether church-officers may have any lordly government or imperious domination over the lords heritage ? nor whether church-officers may exercise an arbitrary irregular government , and rule as themselves list ? god forbid . but the question plainly is , whether there may not , yea ought not to be in the church a ministeriall or ecclesiastical government properly so called , beside the civil government or magistracy . mr. coleman did , and mr. hussey doth hold there ought not . i hold there ought : and i shall propound for the affirmative these arguments . the first argument i draw from tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , elders that rule well . mr. hussey pag. . askes whether the word elder be prima , or secunda notio . if prima notio , why must not elder women be church-officers as well as elder men ? if secunda notio for a ruling officer , parliament men , kings and all civil governours are such elders . i know no use which that distinction of prima and secunda notio hath in this place , except to let us know that he understands these logicall termes . egregiam vero laudem . he might have saved himself the labour , for who knowes not hieromes distinction ? elder is either a word of age or of office : but in ecclesiasticall use it is a word of office . mr. husseys first notion concerning elder women is no masculine notion . his second notion is an anti-parliamentary notion . for the honourable houses of parliament in the first words of their ordinance concerning ordination of ministers have declared , that by the word of god a bishop and a presbyter or elder are all one ; for thus beginneth the ordinance , whereas the word presbyter , that is to say elder , and the word bishop , do in the scripture intend and signifie one and the same function , &c. therefore parliament men and civil governors cannot be the elders mentioned by the apostle paul , except mr. hussey make them bishops , and invest them with power of ordination . besides this , if kings and parliament men be such elders as are mentioned in this text , then the ministers of the word must have not onely an equall share in government , but more honour and maintenance then kings and parliament men . see how well mr. hussey pleadeth for christian magistracy : it is also an anti-scripturall notion , for some of those elders that ruled well , did labour in the word and doctrine , as paul tells us in the very same place ; these ( sure ) are not civil governours . wherefore mr. hussey must seek a third notion before he hit the apostles meaning . it is not hujus loci to debate from this text the distinction of two sorts of elders ; though among all the answers which ever i heard or read , mr. husseys is the weakest , pag. . that by elders that labour in the word and doctrine , are meant those ministers whose excellencie lies in doctrine and instruction , and that by elders that rule , are meant those that give reproof . he contradistinguisheth a reproving minister from a minister labouring in the word and doctrine . the very reproof given by a minister will be , ( it seemes ) at last challenged as an act of government . it is as wide from the mark , that he will have the two sorts of elders to differ thus , that the one must governe and not preach , the other must preach and not govern ; not observing that the text makes ruling to be common to both . the one doth both rule and labour in the word and doctrine : the other ruleth one y , and is therefore called ruling elder , non quia solus praeest , sed quia solum praeest . but to let all these things be laid aside as heterogeneous to this present argument : the point is , here are rulers in the church who are no civil rulers . yea this my argument from this text was clearly yeelded by mr. coleman in his maledicis pag. . but i will deal clearly saith he , these officers are ministers , which are instituted not here , but else-where ; and those are the rulers here mentioned . ergo , he yeeldeth ecclesiastical rulers ( and those instituted ) distinct from magistracy . neither is it a lordly but a ministeriall ruling of which our question is . for my part saith mr. hussey , i know not how lordship and government doth differ one from another . then every governour of a ship must be a lord . then every steward of a great house must be lord of the house . there is an oeconomicall or ministerial government , and of that we mean. my second argument i take from thes. . . and we beseech you brethren to know them which labour among you , and are over you in the lord , and admonish you . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , qui praesunt vobis . hence doth calvin conclude e a church government distinct from civil government , for this is a spirituall government , it is in the lord , that is in the name of the lord , or ( as others ) in things pertaining to god. hence also beza argueth against episcopall government ; because the elders in the apostolique churches did govern in common . but saith mr. hussey pag. . pasor telleth us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with a genitive case signifieth praecedo , and then it signifieth no more but them that go before you , either by doctrine or example . i answer first to the matter , next to the force of the word . for the matter , certainly the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or ruling power of ministers , is not meerly doctrinall or perswasive , as is manifest by tim. . . where those who are not convinced of two sorts of elders , are yet fully convinced of two sorts of acts , the act of ruling , and the act of teaching . whatsoever that text hath more in it , or hath not , this it hath , that those who labour in the word and doctrine , are rulers ; but they are more especially to be honoured for their labouring in the word and doctrine . next , as to the force of the word , if it be true which mr. hussey here saith , then the english translators that read are over you ; calvin , beza , bullinger , gualther , and others that here follow hierome , and read praesunt vobis ; arias montanus who reads praesidentes vobis , have not well understood the greek . but if mr. hussey would needs correct all these and many more , why did he not at least produce some instances to shew us where the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are used for no more , but a meer going before , either by doctrine or example , without any power or authority of government . yea if this here be no more but a going before either by doctrine or example , then every good christian who goeth before others by good example is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; neither will that of the genitive case help him , for see the like tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one that ruleth well his owne house , mr. hussey will make it no more but this , one that goeth before his owne house , by teaching them , or by giving them good example , though the very next words tell us there is more in it , and that is authoritative government , having his children in subjection . so vers . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ruling their children well . pasor is not at all against my sence , but for it : for if mr. hussey will make pasor to say that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with a genitive doth never signifie any more but praecedo , then he makes him to say both that which is manifestly false , and in so saying to contradict himself , for pasor tells us also , the word signifieth praesum , and for that he cites tim. . . where it is with a genitive . sometime indeed with a genitive it may be turned praecedo , as pasor saith , but he citeth onely tit. . . where it is not genitivus personae ( as thes. . but rei ; and we may also read praestare , as a. montanus to excell or be chief in good works , or to maintain , as our books have it . but furthermore i shall offer for answer to mr. hussey the observation of an excellent grecian . it is f salmasius de primatu papae , pag. , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to speak properly , is another thing then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : the former signifieth a power of jurisdiction and government : the latter a precedence or placing of one before another : although they are sometimes used promiscuously , and although 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . yea they have the very names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( if you look to the native etymologie of the words ) from their precedence or standing before , even as antistites quasi ante stantes , and praetor quasi praeitor : such names being chosen ( for mollifying and dulcifying of government ) as might hold forth precedence , rather then high sounding names of power and authority . i shall adde but two testimonies of ancient grecians : plato epist. . near the end : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . or if he that ruleth some great city , and such as hath the dominion over many smaller cities , should unjustly distribute to his owne city the means and substance of those lesser cities . dionysius areopagita epist. . speaking of moses his supreme power of rule and government over israel , which was envyed by korah and his faction , calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . well : mr. hussey will try if his logick can help him , if his greek cannot . whatsoever this person is that is to be beloved , ho is supposed not instituted in this place , the subject is supposed not handled in any science . the like he saith afterward pag. . that we cannot prove from cor. . that paul did institute excommunication , but at most that he supposed an institution . for my part , that scripture which supposeth an institution , shall to me prove an institution ; for i am sure that which any scripture supposeth , must be true . and herein as i take it , mr. coleman would have said as i say , for in his fourth rule he proved the institution of magistracy from rom. . yec magistracy is not instituted in that place , but supposed to be instituted . a third argument i take from hebr. . remember them which have the rule over you , who have spoken unto you the word of god : vers. . obey them that have the rule over you , and submit your selves : for they watch for your soules , as they that must give an account . bullinger and gualther referre this th . verse both to magistracy and ministery , and so far they are ours , in sharing the rule and government between both , and in making obedience due to both . but calvin and many others doe better expound the text of ecclesiasticall rulers or governours onel : wherein salmasius followeth the greek scholiasts , who expound the text of bishops or elders who did in common govern the church . see walo messal . pag. . . that it is not spoken of civil but of ecclesiastical rulers , may thus appear : beside that it were hard to take 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the th . verse in another sence then it hath verse . or the rulers that watch for the soule , vers . . to be any other , then the rulers that had spoken the word of god , vers . . it is further to be noted that the apostle speaks of such rulers as the beleeving hebrewes had at that time , as is evident by vers . . salute all them g that have the rule over you , and all the saints , and those rulers did watch for their soules . but they had no christian or godly magistrates that watched for their soules , or whom the apostle would thus salute with the saints . but the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith mr. hussey pag. . which is ducum , them that lead you . the apostle hath indeed chosen a word free of ambition , yet saith beza , auctoritatis maximae , it is a word of the greatest authority . the syriack hath the same word here , by which he rendreth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , cor. . . and if you consult the septuagints , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 except very rarely where it signifieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu viae ducem ( and then , to speak properly , subjection and obedience is not due to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as exod. . . where yet it was an angel that was the guide , and so not without authority : they do usually and in innumerable places use this word to expresse one invested with power and authority of government ; and the same hebrew words which they render by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are likewise by by them translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; all which are names of superiority , command , and government : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the governour , is pilates highest title , matth. . . and erastus , lib. . cap. . pag. , saith , the magistrates of the gentiles were called by the names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the same in signification . stephen in theslinguae gr. citeth out of plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and tells us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with a genitive , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , generally is used for praesum . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is iosephs greatest title , to expresse his government over egypt , acts . . yea , christ himself is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to expresse his governing or ruling power over his church , matth. . . salmasius doth at once shew us , both that the apostle means the elders of the church under the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and that the same name is used for civil magistrates , yea emperours . see walo messal . pag. , . far be it from all the ministers of christ , to arrogate or assume any such dominion as belongs to the civil magistrate , or to lord it over the lords inheritance . nay , here that rule must take place , luke . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he that is chief , as he that serveth . onely the holy ghost gives to church-officers those names of authority which are given to civil magistrates , thereby to teach the people of god their duty , and that there is another government beside the civil , whereunto they ought to submit and obey in the lord. master husseys next answer is , that where our books have it obey them that have the rule over you , the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is no more but be perswaded . for proof whereof , he tells us out of pasor , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is verbum foreuse , a word whereby the advocates perswade the judges : yet we cannot say that the judges obey the advocates . i answer : let him make of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what he can ; the passive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , doth frequently signisie i obey , or obtemper : for which signification , h. stephanus in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , citeth out of xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : out of plutaroh , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : out of plato , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if we come to the scripture phrase , i am sure in some places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a thing of another nature , then to be perswaded forensically , as iam. . , behold , we put bits in the horses mouthes , that they may obey us : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but here when we speak of the obedience of church-members to church-officers , it is a free , rational , willing , christian obedience ; yet obedience it is which we owe to spiritual rulers , as well as that which we owe to civil magistrates . sure gualther and bullinger did understand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here to be more then be perswaded ; for they apply this text to the obedience due to magistrates . and m. hussey might have also observed that pasor renders 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by pareo , obedio ; for which he citeth gal. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not to obey the truth . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he renders inobediens , refractarius , as rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , disobedient to parents . i know that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is also used for to be perswaded ; but i verily believe m. hussey is the first man that ever quarrelled the word obey in this text , and turned it to be no more but be perswaded . yet if he shall well observe that which followeth in the very next words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and submit your selves ( which in theodorets opinion noteth here intense obedience : they must not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , yeeld , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , yeeld with subjection and submission : this relateth to authority ; nor can we say that the judges do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the advocates , nor travellers to their guides ) he himself shall be perswaded to cast away this glosse , and to seek a better . and if he will stand to it , he shall but do a disservice to magistracy , whiles he would weaken the power of the ministery : for though there be much in the new testament concerning subjection or submission to magistrates ; yet the clearest , fullest , yea ( to my remembrance ) the onely expresse word for obedience to magistrates is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is rightly translated in our books to obey magistrates : but master hussey will make it no more , but to be perswaded by magistrates . yea , the very simple and uncompounded verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ in the fore-cited passages of xenophon and plutarch is used where they speak of obedience to magistrates and masters . if this must fail him , he hath yet another answer : let the word stand , saith he , as it is translated obey ; yet it is not alway correlative to the command of a superiour : and the holy ghost requireth obedience here , not by an argument from the authority of him that leadeth them , but from the benefit that cometh to themselves ; for that is unprofitable for you . he divideth what the apostle joyneth ; for there are two sorts of arguments in the text , by which the apostle perswadeth them to this obedience : one is taken from the authority of the ministery , which is intimated both by that name of authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and by their subordination or submission which the apostle calls for : another from the benefit that cometh to themselves , by their obedience , and the hurt which they shall do to themselves by their disobedience . both these arguments are wrapt up in these words , for they watch for your souls , which is the very same with that acts . . to all the flock over the which the holy ghost hath made you overseers . the apostle doth also perswade christians to be subject to the magistrate , by an argument taken from the benefit that cometh to themselves , rom. . . for he is the minister of god to thee for good : yet that doth not weaken but rather strengthen the authority of the magistrate . the fourth argument shall be taken from tim. . . against an elder receive not an accusation , but before ( or under ) two or three witnesses . which is not a temporary charge laid upon timothy as an evangelist , and so incompetent to ordinary ministers : for it is joyned with the rules of publike rebuking , of laying on of hands , not partaking of other mens sins , and such like things which are of ordinary concernment . he is also charged to keep the commandment till the appearing of christ , tim. . , which cannot be otherwise understood then as spoken to him in reference to the ministery . now what is an act of government , if this be not , to receive accusations , and that against elders , and that under two or three witnesses ? the apostle intendeth here the avoiding of these two evils ; first , upon the one hand , because veritas odium parit , and elders doing their duty faithfully , will certainly be hated , and slandered , and evil spoken of by some , that therefore every diotrephes pratling against a servant of christ with malicious words , may not be able to blast his christian reputation and good name : next , upon the other part , because the offences and scandals of elders are not to be connived at , but to be aggravated and censured , more then the offences of others , that therefore an accusation be received against them , if it be under two or three witnesses . now where accusations ought to be received , and that under two or three witnesses , and not otherwise ( with special charge also to observe these things , without partiality , or preferring one before another , vers . . ) there is certainly a forensical proceeding , and a corrective jurisdiction or government . more of this argument in malè audis , pag. . fifthly , what is that else but a corrective jurisdiction , tit. . . a man that is an heretick , after the first and second admonition , reject , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he speaks of a rejecting of persons , not of things onely ; and of such a rejecting of persons , as cannot be understood onely of that avoiding or rejecting , by which every private christian ought to observe , and avoid , and not receive false teachers , but of a publike ministerial or consistorial rejecting of an heretick , by cutting him off , or casting him out of the church . it is a canon de judiciis ecclesiasticis , saith tossanus upon the the place . this the greek will easily admit : for stephanus in thesauro linguae gr. tells us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used for recuse , aversor , repudio ; and citeth out of plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to repudiate or put away a wife . as here also we may read , a man that is an heretick , after the first and second admonition , repudiate or put away ; though the word reject doth also bear the same sence . and as the greek will admit it , so i have these reasons to confirm it , which shall suffice for the present . ( he that pleaseth , may read a large discourse concerning the censure of hereticks , in claudius espencaeus upon this place . ) first , the apostles scope is not to hold forth the common duties of all christians , except ex consequenti : but his primary intention all along in that epistle , is to instruct titus concerning the ordering and governing of the church , chap. . vers . . secondly , there must be a first and second admonition , before the heretick be thus rejected . this rejecting is not for his dangerous and false doctrine , simply or by it self considered , but for his contumacy and incorrigiblenesse . but private christians ought to observe by the judgement of private discretion , and ought in prudence and caution to avoid all familiar fellowship and conversation with a man that is an heretick , though he hath not yet gotten a first and second admonition : matth. . , . beware of false prophets which come to you in ●…eeps clothing , but inwardly they are ravening wolves . ye shall know them by their fruits . thirdly , the admonition in the text is a publike authoritative or ministerial admonition , after that thou ( titus ) hast once and again admonished him saith the syriack : therefore the rejecting must also be publick and ministerial . fourthly , h this rejecting of an heretick is the last act , when he appears incorrigible . we find before chap. . vers . . rebuke them sharply ; and chap. . vers . . rebuke with all authority . but now when the apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reject , this is a higher degree . and this ( much more ) must be with all authority , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which words compare with cor. . . where the apostle opposeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , commandement , and opinion or judgement . from all which it will appear , that this rejecting of an heretick by titus and others joyned with him in the government of the church , was an authoritative and juridical act , and the judgement thereupon decisive , not consultative onely . fifthly , look by what authority elders were ordained , by the same authority they were for heresie ( maintained with contumacy ) rejected : for the apostle committeth into the same hands , the ordaining of elders , and the rejecting of hereticks ; compare tit. . . with tit. . . now the ordination was by the presbyterie : tim. . . therefore so was the rejection . i conclude with the dutch annotations upon tit. . . reject . i. e. have no communion with him . let him go without disputing any further with him , and casting the holy things before such dogs . matth. . . let him not remain in the outward communion of the church . the sixth argument i draw from cor. . . do not ye judge them that are within ? vers. . therefore put away from among your selves that wicked person . cor. . . sufficient to such a man is this punishment ( or censure . ) which was inflicted of many . here is an ecclesiastical judging , not by the judgement of private christian discretion onely ( for so they judged those also that were without ) but an authoritative corrective judgement , by which a scandalous brother , a rotten member , like to infect other members , is put away from among the people of god. and this judgement was made , sentence given , and censure inflicted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by many , that is not by all , but by the elders of that church saith walaeus , tom. . pag. , or you may read by the chiefest ; so piscator and heinsius upon the place . the sence is all one , as if the apostle had said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by them that have the rule over you . now what will you make of judging , putting away , and censuring , being acts neither of a civil power , nor put forth upon any except church-members , if you make it not a corrective church-government ? as for mr. colemans answer that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 amounts to no more but an objurgation , i have fully confuted that in male audis pag. . . . which i will not resume . but beside all i said there , i add somewhat which i have since observed . zonaras in conc. antioch . can . . useth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for to be punished or censured : and in conc. carthag . can . . he calls the man who is under church-censure , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . balsamon in conc. carthag . can . . calls him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . both of them do often use 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for church-censure , as in the place last cited , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . yea the councell of antioch held under constantius , useth pauls word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to expresse ecclesiasticall censure , and an act of corrective government . can. . it is said of him that receiveth a presbyter or deacon being justly deposed , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ille quoque à communi synodo puniatur , ut qui ecclesiastica statuta dissolvat . ibid. can. . a bishop is prohibit to ordain within the charge of another bishop , unlesse that other bishop consent . but if any presume to do such a thing , let the ordination be void or null , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & ipse a synodo puniatur , and let himself be punished by the synod : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith balsamen , how they should be punished who ordain without the bounds of their owne charge , and without consent of him whose charge it is , may be learned from other canons . where you see he understands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to agree in signification with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is punishment . the sixth general councel can. . useth the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for suffering punishment , adding also by way of explanation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be subject to afflictions and labours . seventhly , we have an argument from cor. . , . and the spirits of the prophets are subject to the prophets ; for god is not the author of confusion , but of peace , as in all churches of the saints . the apostle is giving such rules and directions concerning prophecying or interpretation of scripture , that upon the one hand there may be a liberty to all the prophets to prophecy , and that the church may be edified by the gifts of all , and that for that end one ought to give place to another : upon the other hand , that a boundlesse liberty and confusion , and immunity from censure , may not be introduced into the church ▪ to this latter branch belongs vers . . . . let the prophets speak two or three , and let the other judge . he will have two , or at most three prophets to speak in one congregation , at one diet or time of assembling : and those prophets , saith he , must be i examined , judged , and censured by the other prophets : for the spirits of the prophets are subject to the prophets , that is , every particular prophet distributively , is subject to all the prophets collectively , or to the colledge of prophets ( add , and of other spirituall persons intrusted with the government of the church , together with the prophets , as from vers . . and gal. . . is well observed by our country-man mr. dickson upon this place ) . therefore walaeus tom. pag. . doth rightly collect from this place an authority of church-government . protestant writers prove hence the authority of general-councels above the pope : and that the pope is a false prophet , because he refuseth to be subject to the prophets . iunius in divers places , applieth this text to the authority of presbyteries and synods . gualther upon the place applyeth it against the pope who will judge all men , and be judged of no man ; whereas ( saith he ) the apostle here will have no man how eminent soever , to be free from censure , when he is censurable . so then we have in this text a subjection , and an authority of judging and censuring . and this judgement which the apostle here speaks of , is neither the judgement of the civil magistrate , nor the judgement of discretion common to the whole church , but it is the judgement or censure of prophets , and that not school-wise according to mr. husseys notion of schooles , that is by the prophets disputing a man out of his error , and no more , no vote , no decision , no result , except he that hath taught an error do agree to the arguments of the other prophets , and so all end in a brotherly accord , and in the unanimous consent of the whole clergy ( for so doth he advise the parliament ) so that he shall be no more subject to all the prophets , then all the prophets to him . yea in mr. husseys sence the pope will not refuse to be subject to a councel of prophets , and then protestant writers have been far out of their way , who have disputed against the pope from this text , supposing it to hold forth a binding authoritative judgement of the prophets , whereunto any one prophet is bound to be subject , the judgement of his private discretion being alwaies reserved to him , that he give not blind obedience . eighthly , i argue from revel . . . . the lord jesus reproveth the angel of the church in pergamus for suffering those that taught the doctrine of balaam , and the angel of the church in thyatira for suffering iezebel which called her self a prophetesse , to seduce his people . the fault here reproved must be the neglect of church-censures and corrective government , which is so manifest , that they who plead most for liberty of conscience from the magistrate , do acknowledge that the angels of these churches are reproved for not censuring ecclesiastically those that did thus seduce gods people . neither is it said because thou art silent and dost not reprove nor convince ; but because thou hast there them that hold the doctrine of balaam : that is , because thou dost not cast them out of the church , that they may not hurt others . so the english annotations upon the place , referring us also to cor. . the angel of the church was guilty in this , that those who had so much scandalized the church by their doctrine , were still in the church , and not yet cast out of the church . and who can imagine that the angels of those churches whom christ himself commendeth for holding fast his name , and for their love , service , faith , and patience were so void either of prudence as not to observe , or of zeal , as not to gainsay and confute by sound doctrine those soul and scandalous errors ? certainly their sin was like that of eli , they did not together with the doctrinal and monitory part , make use of that jurisdiction and corrective power , which god had put in their hands . ninthly , we have another argument from thess. . . and if any man obey not our word by this epistle , note that man , and have no company with him , that he may be ashamed . here the syriack helpeth us much . and if any man obey not these words which are contained in this epistle , let that man be separated from you , neither have company with him , that he may be ashamed . gualther upon the place saith , the apostle speaks de disciplina ecclesiastica , what discipline they ought to have in the church , and the end thereof . so calvin , beza , piscator , zanchius , diodati , the dutch annotations , gomarus , also mariana , cajetan , salmeron , gorranus , esthius in lib. . sent. dist. . sect. . and diverse others following augustine , ambrose , chrysostome , theophylact , theodoret , aquinas , all these do apply it to ecclesiasticall discipline and censure . some controversie there is whether this text reach as far as excommunication ( which doth not belong to this present argument ) but certainly it reacheth to a publick church-censure , and is more then the withdrawing of private company and fellowship , either because of personal or private injuries , or because of prophanesse . for . the offence spoken of by the apostle is not a matter of civil or personal injury , but of scandal ; he speaks of idle bodies that walked disorderly , not working at all , and if these must be noted and separated , how much more saith theoylact . those who commit crimes and wickednesse ? . here is contumacy added to the offence , if any man obey not our word by this epistle , intimating that upon occasion of this epistle , those that walked disorderly were to be solemnly admonished , and required to work in quietnesse , and to eat their owne bread : which if after admonition they would not do , then to note them . aquinas clears it by sam. . - for rebellion is as the sin of witck-craft , and stubbornesse is as iniquity and as idolatry . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , note that man : signate ( as menochius rendreth it ) rather then either significate or notate : set a mark upon him , even as ( saith erasmus ) we set a mark upon pushing oxen that we may avoid them ; which agreeth well with the syriack , let that man be separated from you : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is some what more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latter usually signifieth no more , but significo , indico , signum do : but the former is signum & notam imprimo , obsigno , insignio . the septuagints make 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to answer to the hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , levavit , elevavit , sustulit , so psal. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. signatum est super nos : that is , the light of thy c untenance is lifted up upon us examplarly , or banner-wise , so as it may be remarkeable to others . the learned authors of the dutch annotations upon thess. . . tell us that this greek word doth not properly signifie to present or represent one , but to note one and mark him out , putting some ignominy upon him , or outing him from an honourable congregation , and marking or blotting out his name , as one unworthy of that honour . by which reason , as likewise by that which followes , they confute those who construe the word note with the word epistle , as if the apostle had said , note or present me such a one by a letter . . have no company with him . he speaks it to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that they may have no fellowship with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he will have those that walk orderly and by rule , to have no company with those that walk disorderly . now this concerneth the whole church equally , and it is spoken to the church , for what reason can there be that some in the church should have no company with one , because of his scandalous and disorderly walking , but the same reason will make the whole church to have no company with him ? there may be divers civil respects and considerations which may make it unfit for some to keep familiar civil fellowship , which respects and considerations do not concern others . but the avoyding of the company of those who walk scandalously and disorderly , and that because they walk in that manner , and further adde obstinacy to their sin after publike admonition ; must needs belong to the whole church . . note that man and have no company with him ; he must first be noted , before he be avoyded , and both these are publick ecclesiastical acts : for it was far from the apostles meaning that every man should be herein left to his liberty ; he that pleaseth to note him and have no company with him , well and good ; he that pleaseth not , shall be free . but unlesse there be an ecclesiastical judgement and censure past upon such a one , every one had been left to his liberty . . that he may be ashamed : this as it is the end of church-censures , so it will be attained in a very small measure , and perhaps not at all , by one private man his avoyding the company of another , which will not make the offender ashamed , abased , and humbled , but when he is publikely noted , and when the church avoids his company , that is it which most covers a man with shame and confusion of face . tenthly , the apostle mentioneth ecclesiastical rulers , rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praefectus , or qui praeest , he that ruleth , that is , the ruling elder . he is making an enumeration of ecclesiastical offices and administrations , and no other : so calvin , beza , piscator , martyr , tossanus , diodati , all upon the place , and iunius eccles. lib. . cap. . do conceive , and the whole context and the allusion to the severall offices of severall members in the same body proveth it , and if all the rest be ecclesiastical , why not k the office of ruling also , which is there mentioned ? for how should civil ruling come in among the ecclesiastical administrations , especially in those dayes when magistrates were not christian ? musculus takes the rulers here to be elders . gualther and bullinger , though they make this text applicable to civil rulers , yet they do not exclude church-officers from ruling , but expressely mention church-governours distinct from civil governours , to be there comprehended under 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mr. hussey pag. . answering this argument , can neither deny what i said of gualther and bullinger , nor yet doth affirm that civil rulers are there meant , onely his reply is that my argument is drawn from the interpretation of the place , but the disputant may not interpret saith he , that is the answerers part : this calls to mind the anabaptistical error , concionatores non retinent verba textus , sed interpretantur ea , id quod non ferendum . for which see petrus hi●…kolmannus de anabaptism●… , disp. . cap. . my argument was drawn from the text , for the text rightly understood and interpreted ; is the text. but see now what strange rules you may exspect when mr. hussey comes to school-disputes , the disputant may not interpret , he must keep close to termes , if the thing be not in terminis in the text , it s no argum●nt , by which rule he will at one dash overthrow not onely the disputations of protestants against papists ; of the ancient fathers against the hereticks of their times ( for how is justification by faith onely , the number of the sacraments , the consubstantiality of the sonne with the father , and many other most materiall points proved , but by scripture rightly opened , cleared , and interpreted ? ) but also the disputations of the apostles , and of jesus christ himself against the pharisees , sadduces , and jewes ; for there is nothing more ordinary with christ and his apostles in their disputes for the truth , then to interpret scripture , and give the sence of it . eleventhly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the governments mentioned cor. . . are not civil but ecclesiastical governments , as i have largely proved chap. . and shall not need here to repeat it ; onely observe what l bullinger saith on the place : whereunto add the testimony of hugo grotius ( whom i suppose our opposites do not look upon as an adversary ) on luke . . he acknowledgeth that in the church of corinth , censura morum was penes presbyterium , the censure of mens manners , was in the power of the presbytery . this government the church of corinth had , a christian magistrate they had not . twelfthly , if in the jewish church there was an ecclesiastical government , distinct from the civil ; then in the christian church also there ought to be an ecclesiastical government distinct from the civil . but in the jewish church there was an ecclesiastical government distinct from the civil . ergo. the proposition is proved thus . there can be no reason given for an ecclesiastical government among the jews , distinct from the civil , which will not hold as well and as strongly for an ecclesiastical government among christians , distinct from the civil : for we speak not now of the particulars ( a high priest , or the like ) which were typical and proper to that time , but we speak of a church government distinct from the civil , look upon it under that notion , and then see if any reason can be given for it among them , which will not conclude the like among us : yea much more among us , for if the priests had a great influence and interest into the civil government of the jewes , and yet there was a church-government distinct from the civil ; how much more now when ministers have not , neither ought to have any share in the civil government ? the assumption hath been abundantly proved before in the first book . i will not repeat , but here note these scriptures : ier. . . the prophets bear rule : it was their office to bear rule , it was their sin to support themselves in their ruling by the false prophets . chron. . azariah , the ruler of the house of god. chron. . . and azariah the ruler of the house of god. 〈◊〉 . . . serajah the ruler of the house of god. all the chief pri●sts or heads of the several classes or orders of priests were called principes sanctuarii saith matthias martinius lexic . philol. pag. . so . chron. . . hilkiah and zachariah , and jehiel , rulers of the house of god. act. . . then said paul , i wist not brethren that he was the high priest , for it is written thou shalt not speak evil of the ruler of thy people . finally , deut. . . where we find schoterim , that is officers , rulers , or such as were set over the charge ; the . read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hierome , doctores . more plainly kings . . the priest appointed officers over the house of the lord. thirteenthly , a corrective ecclesiastical government in the churches of galatia seemeth to be intimated , gal. . . i would they were even cut off ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) which trouble you . which many understand of excommunication . see esthius in lib. . sent. dist. . sect. . . also salmeron , menochius , vasquez , novarinus , and ( of ours ) b●…za , diodati , gomarus , all upon the place , beside diverse others . musculus upon the place doth paralell this cutting off , with delivering to sathan , cor. . . tim. . . and explaineth excindantur by abalienentur which best suteth to excommunication . certainly the words will easily admit this sence , or rather invite to it : for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not properly perdo , destruo , consumo , but amputo , abscindo , also minuo , because that from which any thing is cut off , is diminished and made lesse : also repello , abjungo , separo , ahstraho . and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , abscindor , excindor , separor , abstra●…or . hunters and such as trace the vestigies , but cannot find them , are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be cut off or abstracted . h●…sych . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , abscissus , is not he who is cut off by death or destruction , but he that hath his members cut off : which seems to have been the ground of augustine his mistake of this text , conceiving the apostles wish to be , that those men should be made eunuchs . the septuagints have sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , circumcido , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , demitto , as synonymous with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . now from the phrase , to the purpose of the text. that it is meant of excommunication , i have these reasons which confirme me : . because vers . . a little leaven leaveneth the whole lump , are the very same words which he useth cor. . . where he presseth the excommunication of the inces●uous man ; as there , one unclean person in life ; so here , some few seducers ( especially that one who is singularly pointed at vers . . ) is meant by the little leaven , which was to be purged out , lest it should leaven the whole church . . interpreters do generally agree , that the apostle here alludeth to circumcision , which those judaizing teachers pressed upon the galatians as necessary : wishing that they who would so fain have the galatians circumcised , were themselves cut off and cast out of the church as rotten members , or as a gangren out of the body . this allusion suteth best with excommunication . . the words so understood will more fitly answer and be paralel unto the cutting off in the law , that soul shall be cut off from among his people ( which i have before proved to be meant of excommunication ) as likewise to that cor. . . put away that wicked person from among you . . other interpretations do not so well agree to the text. this cutting off could not be expected nor any hopes had of it by the hand of justice , or of the magistrate , for the magistrates of that time were themselves troublers of the christians , so far they were from cutting of those that troubled them . those that understand the words of an imprecation of eternal cutting off from god , and being accursed from christ , draw themselves into thorny questions , wherein they can hardly satisfie themselves or others . to understand it of cutting off by death , doth not well answer that allusion to circumcision , generally observed ( as hath been said ) by interpreters : which allusion doth intimate that it is not a cutting off out of the world , but a cutting off from the body of the church . i would that they themselves were cut off as the praeputium from the church , that is , cut off à consortio ecclesiae saith gu●…lther . if it be said , why then doth the apostle onely wish it ? why doth he not prescribe or command to excommunicate them ? to this we may either answer as b●…za , the apostle pauls authority at that time was extreamly blasted and weakned in the churches of galatia ; or thus , the apostle knew that as the churches of galatia then stood affected ( being bewitched with the judaizing zealots , and in a manner moved away to another gospel ) both churches and ministery were unwilling to excommunicate those that he means of : for which cause he would not peremptorily command their excommunication , renitente ecclesiâ , but forbeareth for that season , wishing for better times . some think that the apostle speaketh positively of excommunication , vers . . he shall bear his judgement . but others are of opinion the apostle there speaks of the judgement of god , which he certainly and positively denounces , and that vers . . he addeth this as a distinct purpose , that he could wish them also cut off from the church by excommunication . it will be an argument of more weight against erastus his interpretation of that text , if we object against him thus . this cutting off which the apostle wisheth to those that troubled the galatians , cannot be meant of a divine or miraculous judgement upon them , such as he thinks to be meant cor. . ( which place he parallels with gal. . . as to the punishment intended ) for if so , why doth not the apostle adjudge them positively to be cut off or destroyed , as he did constitute and decree by his apostolical power of miracles ( so thinks erastus ) the incestuous corinthian to be delivered to satan ? to this erastus replieth , lib. . cap. , because the apostles had not power to work miracles quoties vellent , as often as they would , nor to afflictor stay any , but when it seemed good in gods eyes , sed quando deo visum fuit utile , necessarium , & salutare . but i ask , was it right and agreeable to the will of god , that the apostle should wish their cutting off ? was it not profitable and necessary for the churches good , that they should be cut off ? where shall we finde that the working of a miracle was profitable and necessary for the churches good , and that an apostle did desire and thirst after the working of that miracle , and yet had not power from god to work it ? how had the false apostles insulted at this ? is this the great apostle of the gentiles , who hath not power from god to work a miracle , when himself professeth he would gladly have it wrought ? fourteenthly , that passage , cor. . . is by some brought ( not without very considerable reasons ) for the spiritual or ecclesiastical censures . and have in readin●…sse , saith the apostle , or ( as the syriack , we are ready ) to revenge all disobedience , when your obedience is fulfilled . novarinus in cor. . . plerique de excommunicandi potestate haec verba interpretantur . in this sence was the text understood a thousand yeers ago by gegro●…y epist. lib. . cap. . the dutch annotations upon the place , say that the apostles meaning is ; of declaring the vengeance of god against the obstinate ; and of exercising the ecclesiastical banne or discipline , against those who professing themselves members of the congregation , do yet teach or lead unchristian lives or doctrine . others also ( among whom is master david dickson ) understand church-censures to be here meant . the apostle is in that chapter confuting the calumny of such as said of him , his epistles were weighty and powerful , and did speak of great things ; but when he himself is bodily present , he doth but little , he assumes no great authority , he is weak and almost contemptible . in answer hereunto , he tells them , the weapons of our warfare ( speaking not onely in his own name , but in the name of all the ministers of christ ) though they be not carnal , yet they are mighty through god to conquer and captivate souls to the obedience of christ. and as for the stubborn and unruly , we are armed with a power of corrective government , which shall be more fully executed in due time . there is but one of two interpretations which can with any probability seem to agree to this text , namely , that it is meant either of the extraordinary apostolical power , by which they did miraculously punish some offenders ( as peter did ananias and sapphira , and as paul did e●…ymas ) or of a corrective church-government , and excommunication . the reasons which induce me to believe , that the apostle meaneth here of church-censures , especially excommunication , and not of that extraordinary miraculous power , are these . . the reason added , when your obedience is fulfilled , cannot suit to the power of working miracles ( for it had been the more seasonable to work such miracles , while the obedience of the corinthians was not yet fulfilled . miracles are not for them that believe , but for them that believe not , saith the same apostle . ) but it suits very well to the power of church-censures : for as esthius and novarinus explain the apostles reason , it is in vain to excommunicate all such as are worthy of excommunication , when there is a general re●itency and unwillingnesse in the church ; or to cut off a member , when the same evil hath infected either the whole or the greatest part of the body ; which augustine also tells us in divers places . and this ( by the way ) confirms the reason which i gave why the apostle onely wisheth those that troubled the galatians to be cut off , but doth not command it , in regard of the present unwillingnesse and disaffection of those churches . . we may have a great deal of light to this place by comparing it with cha●… . . verse , . and chap. . verse . many among the corinthians had sinned foul and ●eandalous sins , whereof they had not repented , and for which they were not censured or cast out of the church . the apostle certifieth them , that if he come , he will not spare . what ? was it his meaning to work a miracle upon every fornicator , and each other scandalous person in the church of corinth ? no sure : mark his words ; now i write to them which heretofore have sinned , and to all other , that if i come again , i will not spare . who can imagine his meaning to be , that he would work a miracle upon them and all other ? so ●ere when it is said , having in readiness●… to 〈◊〉 all 〈◊〉 , let it be remembred that the apostolical power of miracles was never appointed to be executed against all disobedience . thirdly , that which the apostle saith of the spiritual weapons , mighty through god to the pulling down of strong holds , &c. was not proper or peculiar to the apostles , but is rightly applied to all the ministers of the gospel : the more hardly can it be supposed , that what is immediately added , and as it were with one breath uttered , and having in readinesse to 〈◊〉 all disobedience , is meant of the extraordinary apostolical power . fourthly , such as the weapons are for conquering and subduing souls to the obedience of christ , such is the corrective or punitive part there spoken of . but the weapons for conquering , are meerly spiritual , not corporal : therefore the corrective or punitive part there spoken of , is also spiritual , and so doth not concern the inflicting of corporal punishment , such as the erastians understand by delivering to satan . fifteenthly , an ecclesiastical ruling power may be proved from cor. . . i beseech you that you would confirm your love towards him . here is a juridical power of loosing , and consequently of binding ; for it belongeth to the same power to binde and loose , to excommunicate and to absolve . an authoritative juridical loosing , i prove from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which properly signifieth the making a thing sure or firm by a decisive suffrage , authoritative judgement , or ratificatory and obligatory sentence past upon it . hen. stephanus in thes. linguae gr. in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith that this text cor. . . is more rightly read , ut ratam faciatis in illum charitatem , then as the vulgar latin hath it , ut confirmetis . the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he expoundeth thus ; auctoritatem do , auctoritate mea comprobo ; vel ratum habeo , ratum facio . pasor renders the same verb sancio , ratum facio , and citeth for that sence , cor. . . so erasmus likewise upon the place . so cartwright upon the same place against the rhemists . so chemnitius exam. conc. trident. part . . de indulg . pag. . the force of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was urged against the opinion of erastus in a publike dispute at heydelberg ; the narration whereof is left by ursinus in his catechetical explications . that the word signifieth an authoritative act , and supposeth a ruling power , may be thus further confirmed . first , who did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ? no doubt the apostle borroweth the word from the language and customs of the heathen greeks . now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was a fixed or set lawful assembly , which met with a judicial ruling power , and ratified a thing by decisive suffrages , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . see suidas in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , stephanus and scapula in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; erasmus in cor. . . arias montanus in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tells us that to the graecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was the same thing , which comitia to the latines : therefore such assemblies had a judicial power , and their suffrages were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , firm and ratified sentences . secondly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whence also cometh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lord , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dominion , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to rule , or to have a dominion : it was long ago observed by dionysius areopagita , de divinis nominibus , cap. . where after he hath put into the description of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dominion , that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , true and unshaken firmenesse , he addes this reason , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which balthasar corderius rendereth thus : qu●…propter dominatio grae●…è à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 derivato nomine , idem est quod firmatio , firmamentum & firmum , ac firmans seu ratificans . pachimeres in his paraphrase addeth that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it signifieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hath its name from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so then it is not every confirming , certifying , or making sure a thing , but when a thing is made sure or firm with fulnesse of authority and power . the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is therefore rightly rendred by stephanus , scapula and pasor , not onely firmamentum , rata fides , but auctoritas plena , full authority . thirdly , the same apostle calls a ratified testament ( which ratification is by a legal and judicial authority ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gal. . . fourthly , the opposite verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth anctoritate priv●… , omni imperio spolio , irritum reddo . as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 noteth a privation of authority , so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a giving of authority or ratification . the sixteenth argument to prove a distinct church-government , is this . the visible political ministerial church is the kingdom of jesus christ , and he is the head , king , judge , and law-giver thereof , isa. . . isa. . , . psal. . . luk. . . cor. . eph. . m , . dare any say that the lord jesus shall not governe the church of england , and reigne over the same ? luk. . . must he not be received both as lord and as christ ? acts . . now in the administration and government of a kingdom these three things are necessarily required . . lawes . . officers , ministers , judges , courts . . censures and punishments of offences . which three being universally necessary in every kingdom , can 〈◊〉 of all be supposed to be wanting in the church and kingdom o● jesus christ , who hath been more faithfull in the execution o● his kingly office , and hath provided better for the government of his church , then ever any king or state in this world did for a civil government . i adde the lawes , judicatories , and censures in the kingdom of christ must be spiritual and becl●siastical , because his kingdom is not of this world , and his servants cannot take the sword , iohn . . neither are the weapons of our warfarre carnal , but yet mighty through god , and in readinesse to revenge all disobedience : cor. . . . i do not see what can be answerd to this argument , except any do so far deny the kingly office of jesus christ , as to say that the church political or ministerial is not his kingdom ; but onely the church mystical ; that is , as he ruleth over our soules by his word and spirit . to which purpose mr. hussey in his plea pag. . denyeth that the visible church can be called the body of christ , or he their head ; and tells us that the government which christ hath over the faithful , is truely spiritual , and of this kingdom faith he , he hath indeed no officers but his spirit . i reply , . the scripture is plain that a visible ministeriall church is the body of christ , rom. . , . cor. . . . cor. . . to . if we admit of a visible church and visible saints , we must also admit of a visible body , and a visible kingdom of christ. . the political ministerial church were a body without a head . the analogie of a political head as well as of a natural head agreeth to christ : the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and he hath an influence upon the church potestative as well as effective . . he 〈◊〉 his prophe●icall office not onely in teaching us inwardly by his spirit , but in teaching the church outwardly by his servants the ministers of his word : now i● he be a prophet to the visible ministerial church , he is also a king to the same ; for his offices cannot be divided , his scholars are his subjects , and whosoever receive him as a prophet , must also receive him as a king. yea , let us hear mr. hussey himself pag. . the kingdom of christ is 〈◊〉 ample as his prophecy , &c. the doctrine which they must teach commands , no●… commands have alwaies power and authority 〈◊〉 . so that either he must say that christ gives no commands to the visible church , or confesse that the visible church is the visible kingdom of christ. that the kingdom of christ comprehendeth the government and discipline of the church , i prove from matt●… . ● . . there be some standing here which shall not tast●… of death till they see the son of man comming in his kingdom : where first of all note , christ hath not onely an invisible , but a visible kingdom ; next , this visible kingdom is not meant of his comming again in glory to judge the quick and the dead ; for all that were then hearing christ , have tasted of death , and yet christ is not come to judgement . nor is it meant of christs tranfiguration mentioned matth. . for that was six dayes after , matth. . . and if he meant that , he would not have said so emphatically , there be some here that shall not taste of death , &c. intimating what was to come to passe , not after some daies , but after some yeares ; as if he had said this age or generation shall not passe away till these things be fulfilled . neither is that transfiguration any where called the kingdom of god , nor can it be properly so called . nor lastly is the kingdom of god in that place meant onely of the preaching of the gospel , for so they had seen christ comming in his kingdom . luk. . . . nor is it meant of christs working of miracles , for so likewise they had seen his kingdom . matth. . . melius ergo beda & gregorius , quorum sententiam nostri sequuntur , per illud regnum christi intelligunt constitutionem ecclesiarum , post christi ascensum , saith tossanus upon the place . some of those to whom he spoke at that time lived to see christ reigne in the gathering and governing of churches . gregor .. hom . in evang. et quia nonnulli ex discip●…lis usque ad●…o in corpore victuri erant ut ecclesiam dei constructam conspiceren●… , & contra mundi hujus glorium erectam , consolatoria promissione nan●… dieitur : sunt quidam de hinc 〈◊〉 qui non gustabu●…t mortem , donec videant reg●…um dei. the very same words hath bed●… on mark. . . following ( it seemes ) gregory . grotius on matth. . . doth likewise understand the promulgation of the gospel , and the sc●pter of christ , that is , his law going out of zion to be here meant . i conclude , as the church is not onely a mystical but a political body , so christ is not onely a mystical but a political head. but peradventure some men will be bold to give another answer , that the lord jesus indeed reigneth over the church , even in a political respect , but that the administration and influence of this his kingly office is in , by , and through the magistrate , who is supreme judge , governour , and head of the church under christ. to this i answer , hence it would follow . that christs kingdom is of this world , and commeth with observation , as the kingdoms of this world do , which himself denieth luke iohn . next , it would follow , that christ doth not reigne nor exercise his kingly office in the government of his church under pagan , turkish , or persecuting princes , but onely under the christian magistrate , which no man dare say . . the civil magistrate is gods vicegerent , but not christs : that is , the magistrates power hath its rise , orig●nation , institution , and deputation , not from that speciall dominion which christ exerciseth over the church as mediator and head thereof , but from that universal lordship and soveraignity which god exerciseth over all men by right of creation : in so much , that there had been ( for orders sake ) magistrates or superior powers though man had not fallen , but continued in his innocency ; and now by the law of nature and nations there are magistrates among those who know nothing of christ , and among whom christ reigneth not as mediator , though god reigneth over them by the kingdom of power . . if the magistrate be supreme head and governour of the church under christ , then the ministers of the church are the magistrates ministers as well as christs , and must act in the magistrates name , and as subordinate to him ; and the magistrate shall be christs minister , and act in christs name . the seventeeth argument i draw from the institution of excommunication by christ , matth. . . tell it unto the church : but if he neglect to hear the church , let him be unto thee as a heathen man and a publican . in which text . all is restricted to a brother , or a church-member , and agreeth not to him who is no church-member . . his tre●pasle is here lookt upon under the notion of scandal , and of that which is also like to destroy his owne soule . . the scope is not civil , but spiritual , to gain or save his soul. . the proceedings are not without witnesses . . there is a publick complaint made to the church . . and that because he appeares impenitent , after admonitions given privatly , and before two or three . . the church speaks and gives a : judgement concerning him , which he is bound to obey . . if he obey not , then he is to be esteemed and held as a heathen man and a publican . . and that for his not hearing the church , which is a publike scandal concerning the whole church . . being as as an heathen and publican , he is kept back from some ordinances . . he is bound on earth by church-officers . whatsoever ye bind , &c. . he is also bound in heaven . more of this place else-where . these hints will now serve . the erastians deny , that either the case , or the court , or the censure there mentioned is ecclesiastical or spiritual . but i prove all the three . first , christ speaketh of the case of scandals , not of personal or civil injuries , whereof he would be no judge , luk. . . and for which he would not permit christians to go to law before the roman emperor or his deputies , cor. . . . . but if their interpretation stand , they must grant that christ giveth laws concerning civil injuries , and that he permitteth one of his disciples to accuse another for a civil injury before an unbeleeving judge . beside , christ saith not , if he shall hear thee , thou hast from him a voluntary reparation of the wrong , or satisfaction for it ( which is the end why we deal with one who hath done us a civil injury ) but he saith , if he shall hear thee , thou hast gained thy brother , intimating that the offending brother is told and admonished of his fault , onely for a spiritual end , for the good of his soul , and for gaining him to repentance . all which proveth that our saviour meaneth not there of private or civil injuries , as the erastians suppose , but of scandals , of which also he had spoken much before , as appeareth by the preceding part of that chapter . a civil injury done by one brother to another is a scandal , but every scandal is not a civil injury . the jewes ( to whose custome christ doth here allude ) did excommunicate for diverse scandals which were not civil injuries . and paul saith of a scandal which was not a civil injury : when ye sin so against the brethren . &c. cor. . . . the court is ecclesiastical , not civil , for when it is said tell it unto the church , must we not expound scripture by scripture , and not understand the word church to be meant of a civil court ? for though the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used act. . reoitative , of a heathenish civil assembly , called by that name among those heathens : yet the pen-men of the holy ghost have not made choice of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in any place of the new testament , to expresse a civil court either of jewes or christians . so that we cannot suppose that the holy ghost speaking so as men may understand him , would have put the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this place to signifie such a thing as no where else in the new testament it is found to signifie . nay , this very place expoundeth it self , for christ directeth his speech to the apostles , and in them to their successors in the government of the church . whatsoever ye shall bind &c. and if two of you shall agree , &c. so that the church which here bindeth or judgeth , is an assembly of the apostles , ministers , or elders of the church . . the censure is spirituall , as appeareth both by these words , let him be unto thee as a heathen and a publican ; which relate to the excommunication from the church of the jewes , and comprehendeth not onely an exclusion from private fellowship and company ( which was the condition of the publicans , with whom the jewes would not eat ) but also an exclusion from the temple , sacrifices , and communion in the holy things , which was the condition of heathens , yea of prophane publicans too : of which elsewhere . and further it appeareth by these words , whatsoever ye shall bind on earth , &c. the apostles had no power to inflict any civil punishment , but they had power to bind the soul , and to retain the sin . ioh. . . and this power of binding is not in all the scripture ascribed to the civil magistrate . the eighteenth argument shall be drawn from the example of excommunication , cor. . , . the apostle writeth to the church of corinth to deliver to sathan ( for the delivery to sathan was an act of the church of corinth , as the syriack explaineth it ) the incestuous man , which is called a censure inflicted by many cor. . . that is , by the whole presbytery of the church of corinth . and whereas some understand by delivering to sathan , the putting forth of the extraordinary apostolicall power to the working of a miracle upon the offender , by giving him over into the hands of sathan , so as to be bodily tormented by him , or to be killed and destroyed ( as erastus takes it ) i answer . it cannot be meant of death , for it is said that hymeneus and alexander were delivered to sathan , and to what end ? that they might learne not to blaspheme , tim. . which had been too late to learn after death , . nor is it at all meant of any miraculous tormenting of the body by the divel , for beside that it is not likely this miracle could have been wrought , paul himself not being present to work it , it is utterly incredible that the apostle would have so sharply rebuked the church of corinth , for that a miracle was not wrought upon the incestuous man , ( it not being in their power to do : ) or that he would seek the consent of that church to the working of a miracle , and as a joynt act proceeding from him and the church by common counsell and deliberation , for where read wee of any miracle wrought that way ? therefore it is much more safe to understand by delivering to sathan , ( as gualther himself doth ) excommunication , which is a shutting out of a church-member from the church , whereby sathan commeth to get dominion and power over him , for he is the god of this world , who reigneth at his pleasure in and over those who are not the church and people of god. cor. . . eoh. . . and if any shall be so far unsatisfied as not to admit this sence which we put upon that phrase of delivering to sathan ; yet our argument for excommunication drawn from cor. . standeth strong , the weight of it not being laid upon tradere satanae onely , but upon vers . . . , . compared with cor. . . which undeniably prove excommunication from church fellowship . the nineteenth argument shall be drawn from act. . . take heed therefore unto your selves , and to all the flock over the which the holy ghost hath made you overseers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , compared with pet. . . . feed the flock of god which is among you , taking the oversight thereof : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : which texts as they hold forth a bishop and a presbyter to be one and the same iure divino , so they hold forth the ruling power of presbyters or elders . first , because otherwise the simile ( so much made use of in these scriptures ) of overseeing the flock ( mentioned and joyned together with the feeding thereof ) will fall short in a main and most materiall point : for the overseers of flocks do not onely make them to lye down in green pastures , and lead them beside the still waters , but they have also rodds and staves for ruling the flocks , and for correcting and reducing the wandring sheep , which will not be brought home by the voice of the shepheard , psal. . . . the pastorall rod there mentioned by david is corrective : as clemens alexandrinus paedag . lib. . cap. . who doth also paralel it with that cor. . shall i com● unto you with a rod ? secondly , paul requireth the elders of the church of ephesus to take heed unto , and to oversee the whole flock , which did consist of more then did or could then meet together ordinarily into one place for the worship of god , as appeareth by the church in the house of aquila and priscilla ( which was one , but not the onely one church assembly at ephesus ) by the great and wonderfull increase of the gospel at ephesus , and such other arguments which i do but point at , the full debate of them not being my present work . peter also writing to the churches of the strangers in severall provinces , calls them the flock not flocks , and commends unto the elders the feeding and oversight of that flock . now what is it that can denominate many particular visible churches or congregations to be one visible ministeriall flock or church , unlesse it be their union and association under one ecclesiasticall government ? no doubt , they had the administration of the word and sacraments partitive , or severally . nor do i deny but they had a partitive several government : but there was also an union or association of them under one common government , which did denominate them to be one visible ecclesiastical flock . thirdly , the very name given to the elders of the church , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is a name of authority , rule , and government , especially in the christian and ecclesiasticall use of the word . h. stephanus in thes. ling. gr. in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith that the elders of the church were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , seu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to wit saith he , those qui verbo & gubernationi praeera●…t . where he tells us also that the magistrate or praetor who was sent with a judiciall power into those townes which were und●r the power of the athenians , was called by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the septuagints use the word nehem. . . ioel the son of zi●…hri was their overfeer ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) and judah the son of senuah was second over the city . he that had but the second place was a ruler , how much more he that was in the first place . loe here , the head and chief ruler of the benjamites called by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so numb . . . kings . . the chief officers of the host , the captains over thousands , and captains over hundreds , are called by the septu●gints 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the same hebrew words which they render by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they render in other places by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , praefectus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , antistes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , praepositus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , princeps : yea the name of god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they render by this word iob. . . this is the portion of a wicked man from god , and the heritage appointed to him by god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the greek , by the overseer , ( even as the same name of bishop is given to christ , pet. . . ) conradus kirch●…rus in the word pakad , tells us also that gen. . . l●…t pharaoh do this and let him appoint officers over the land , where the . read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the greek scholia which he useth to cite hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fourthly , peter addeth , not as being lords , or over-ruling 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that we might understand he condemneth the ruling power of the lord bishop , not of the lords bishop , of episcopus dominus , not of episcopus domini . just as ezek . . . the shepheards of israel are reproved for lording it over the flock , with force and with cruelty have ye ruled them , it was their duty to rule them , but it was their sin to rule them with force and with cruelty . the twentieth argument i take from cor. . . let a man so account of us , as of the ministers of christ , and stewards of the mysteries of god. moreover it is required in stewards that a man be found faithfull . and tit. . . a bishop is the steward of god ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this name doth exclude lordship and dominion , but withall it noteth a ministeriall rule or government , as in the proper , so in the metaphorical signification : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a name diverse times given by aristotle in his politicks to the civil magistrate . the septuagints have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as fynonymous with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . esth●…r . . to the lieutenants and the deputies . the . thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the holy ghost by the same word expresseth government , gal. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is under tutors and governors . rom. . . erastus is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theophylact thinks he was governour of the city ; erasmus that he was praefectus aerario , town-treasurer . the english translators call him the chamberlain of the city . yea setting aside the metaphorical signification of this name often used for a name of rule ; the very literall and native signification of the word will serve to strengthen this argument in hand . ministers are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , house-stewards , or over the house ; but what house ? aristotle at the beginning of the second book of his oeconomicks , distinguisheth a fourfold oeconomy , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : kingly , noble , civil , private : the ministers of christ are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the first sort . they are stewards in the house of the great king. he that is steward in a kings house , must needs have a ruling power in the house . kings . . ahishar was over solomons houshold . kings . . and ahab called obadiah which was the governour of his house . kings . . eliakim which was over the houshold . in all which places the . have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i hold therefore with m peter martyr upon cor. . . that ministers being by their calling and office stewards in the house of god , ought to cast out prophane impure persons out of the house , and receive them again upon their repentance . and why are they called stewards of the mysteries of god ? surely the sacraments are part ( and a chief part ) of those mysteries : and christ hath made his ministers ( not the civil magistrates ) stewards of these mysteries , to receive unto , or to exclude from the sacraments ; and as they may not keep back any of the children of the house , so they may not suffer dogs to eat at the childrens table . the one and twentieth argument , which shall claudere agmen , shall be drawn from act. . where we find an ecclesiastical assembly or synod of the apostles , elders , and other choice brethren , snch as iudas and sylas : these did so assemble themselves , and proceed with authority in a businesse highly concerning the truth of the gospel , christian liberty , the healing of scandal , and the preserving of peace in the church , as that it is manifest they had , and executed a power of government distinct from magistracy . mr. selden de jure natur . & gent. lib. . cap. . hath sufficiently expressed that which is the ground of my present argument : and i rather choose to speak it in his words then in my owne , now a dispute being had of this thing at antioch , paul and barnabas ( who having used many arguments against that pharisaical opinion , yet could not end the controversie ) are sent to hierusalem that there the thing might be determined by the apostles and elders . it is agitated in a synod . in it it is determined by the apostles and elders , that the gentiles who had given their names to christ , are not indeed bound by the law of moses or of the hebrewes , as it is mosaicall and prescribed to the church or common-wealth of the iewes , but that they ought to enjoy their christian liberty . and so much for that which the synod loosed them from . but what dorh the synod bind upon them ? the synod doth also impose certain things , namely abstinence from fornication , and from things offered to idols , and from blood , and things strangled , vt quae necessario observanda , ex authoritate synodi , saith mr. selden , being such as were necessarily to be observed , in regard of the authority of the synod , by those who giving their names to the christian religion , should live with the jewes ( they also giving their names to the christian religion ) and so enter into religious fellowship with them . i shall adde two other testimonies of mr. prynns ; the first i shall take out of his twelve considerable serious questions concerning church-government , pag. . where arguing against the independency of particular congregations , he askes , whether the synod●…l assembly of the apostles , elders , and brethren at hierusalem , act. . who made and sent binding decrees to the churches of the gentiles in antioch , syria , and cilicia , and other churches , be 〈◊〉 an apparent subversion of independency . so that by mr. prynns confession , the scripture holds forth other governours or rulers in the church beside magistrates , and the authority of these other governours to be such as to make and send to the churches binding decrees in things and causes ecclesiastical . another testimony i take from his independency examined , pag. . where he argueth against the independents , and proveth from act. . the authority of ordinary ecclesiastical synods , bringing also six arguments , to prove that the apostles did not there act in their extraordinary apostolical capacity , or as acted by a spirit of infallibility , but in their ordinary capacity . thereafter he concludeth thus . therefore their assembling in this councel , not in their extraordinary capacity , as apostles onely , bu●… as elders , ministers : and the elders , brethrens sitting together in councell with them , upon this controversie and occasion , is an undeniable scripture authority for the lawfulnesse , use of parliaments , councels . synods under the gospel , upon all like nec●…ssary occasions : and for their power to determine controversies of religion , to make canons in things necessary for the churches peace and government . loe here mr. prynn gives us an undeniable scripture authority for a diataktick governing power in the church , distinct from magistracy . how he will draw from act. . the use of parliaments or their authority , i do not imagine : it is enough for my argument that he acknowledgeth this scripture to warrant synods of ministers and elders , and the power of these synods to be not onely consultive , but conclusive , decisive , and obligatory ; for , this ( i suppose ) he means by the power to determine controversies , and to make canons for the churches peace and government : else he had concluded nothing against the independents , who yeeld a consultive synodicall power . if any shall yet desire to be more parti●ularly satisfied concerning the strength of my present argument from act. . i will make it out from these particulars following . first , here is a power and authority to assemble synodically , and it is an intrinsecall power within the church it self , not adventitio●s or extrinsecall from the magistrate . whence the soundest protestant writers prove , that though the civil magistrate hath a power of convocating synods , and he ought to do it when the churches necessity or danger doth call for such a remedy ; yet this power of his is positive , not privative , cumulative , not destructive , and that if the magistrate be an enemy and persecuter of the church and of true religion , or cease to do his duty , that is to wit , in a manifest danger of the church , the church notwithstanding ought not to be wanting to her self , but ought to use the right and authority of convocation , which first and for●…most remaineth with the rulers of the church ; as may be seen act. . so say the professors of leyden in synops. purior . theol. disp. . thes. . beside diverse others whom i might here cite , but that is not now my businesse . secondly , beside the publike debate and deliberation , the synod did also choose and send certain delegates or commissioners to antioch , and wrote by them a synodical epistle to the churches in antioch , syria , and cilicia . i beleeve such synodical acts of sending commissioners and letters to the churches in other nations or provinces , should now be lookt upon as acts of government , if done without the leave of the magistrate , as then iudas and silas were sent . thirdly , that synod did exercise and make use of a threefold ecclesiastical power , for remedy of a three-fold ecclesiastical disease . . they purge out the leven of false doctrine and heresie , by deciding and determining that great controversie , whether circumcision and the keeping of the ceremoniall law of moses were neeessary to salvation . they hold forth and declare to the churches the negative ; and this they do by the dogmatik power . . there was a great scandal , taken by the beleeving jewes ( then not fully instructed and perswaded concerning the abrogation of the ceremoniall law by the death of christ ) who were so far stumbled and offended at the beleeving gentiles for their eating of things sacrificed to id●ls , and of blood , and things strangled , that they could not freely nor contentedly converse , company , and eate together with the gentiles . for remedy whereof , the synod doth require ( in regard of the law of love , edification , peace , and avoyding of scandall ) that the gentiles should abstain from those things , as also from fornication , ( which for what cause it is added , i do not now dispute ) and this they do by the diataktik power . . there was a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a schisme , dissention , and rent made in the church by the judaizing teachers , vers . . who clothed themselves with a pretended authority and warrant from the apostles and elders at hierusalem , and thereupon got the more following , and drew away the more disciples after them . for remedy hereof , the synod stigmatizeth and brandeth those men , by declaring them to be lyars , troublers of the church , and subverters of souls , vers . . and this they do by the critick power , or authority of censures . fourthly , the decree and canon of the synod , which is made , imposed , emitted and promulgat , is authoritative , decisive , and binding ; act. . . for it seemed good to the holy ghost , and ( here the arabick repeateth it seemed good ) to us , to lay upon you no greater burthen then these necessary things , that ye abstain &c. if it be said that this was but a doctrinal advice . it seemed good &c. i answer , iosephus antiq. iud. lib. . cap. . speaking of the decree of the supreme sanhedrin ( which he that disobeyed was to be put to death ) calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that which seemeth good : so likewise in this place , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is not meant of an opinion onely , for an opinion ( as schoolmen define it ) is properly such a 〈◊〉 of or assent to a thing , as is evident and firme , but not certain : so that opinion cannot be ascribed to the holy ghost ; it is therefore here a word of authority and decree : as mr. leigh in his critica sacra at the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 noteth out of ch●…mnitius . in which sence the grecians frequently use it . so stephanus out of demosthenes : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it is de reed by the senate . and budaeus out of plato , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it is certainly appointed to die . observe also the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , imposing and burthen . they do impose some burthen , onely they are carefull to impose no burthen except in necessary things . acts . . and as they went through the cities they delivered them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the decrees that were ordained of the apostles and elders which were at hierusalem . and here i cannot passe the observation of that gentleman who hath taken so good pains in the original tongues , mr. leigh in his critica sacra of the new testament , in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : wheresoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is found in the new-testament , it is put for decrees or lawes , as luke . . acts . . it is put for the decrees of caesar ; and ephes. . . colos. . . for the ceremonial lawes of moses ; and so frequently by the lxx . in the old testament for decrees ; as dan. . . and . . . and . . for lawes , dan. . . caeterum saith erasmus upon act. . . dogmata graeca vox est , significans & ipsa decreta five placita , non doctrinam ut vulgus existimat . and whereas some have objected , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are used onely in reference to a doctrinal power , as col. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i answer , budaeus expounds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be decerno , and col. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the syriack makes it judicamini ; erasmus and bullinger , decretis tenemini . stephanus , beza , and gualther , ritibus oneramini ; the english translators , are ye subject to ordinances ? this subjection was not onely to doctrines , but to commandements , vers . . after the commandements and doctrines of men : and these commandements ( though in deed and truth the commandements of men onely at that time ) were imposed as the commandements of god , and as ceremoniall lawes given by moses . the vulgar latine hath decernitis , and tertullian readeth sententiam fertis , both of them ( it seemeth ) having read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : however they understand the power related unto to be more then doctrinall . i conclude that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , acts . . must be more then doctrinal declarations , and that it is meant of binding decrees ( that i may use mr. prynns phrase ) especially when joyned with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , there was a judgement passed and given upon the making and sending of those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not the judgement of one or two , but the judgement of the apostles and elders synodically assembled . so acts . . iames and the elders speaking of that synodical judgement say , we have written and concluded that they observe no such thing , &c. these four considerations being laid together , concerning an intrinsecall ecclesiastical power of assembling together synodically ; of choosing and sending commissioners with a synodical epistle to the churches in other parts ; of providing effectual and necessary remedies both for heresies , scandals , and schismes arising in the church ; of making and imposing binding decrees on the churches , will infallibly prove from scripture authority another government in the church beside magistracy . i might here adde other arguments , but so much for this time . chap. x. some objections m●de against ecclesiastical government a●d discipline answered . mr. hussey in his epistle to my selfe objecteth thus , what will your censure doe ? it will shame a few whores and knaves ; a great matter to shame them the law of nature shameth . all this in terminis might have been as justly objected against the apostle paul , when he wrote to the corinthians to put away from among themselves the incestuous man. what will your censure do paul ? a great matter to shame one whom the law of nature shameth . the lord save me from that religion which will not shame whores and theeves , and all other whom the law of nature shameth , and that in a church way ( as well as civilly ) if any such member fall into such impiety : yet this is not all . all orthodox writers that write of church-censures , will tell him , that scandalls either of doctrine or life , either against the first or second table , fall under ecclesiastical cognizance and censure . secondly , he argueth thus ibid. sure in the day of our lord there will be as good a returne of the word preached , as of the censure . and in his plea pag. . if the word be able to make the man of god perfect , then nothing is wanting to him : perfectum cui nihil deest : and it is a wonder how that conscience should be wrought upon by humane authority , with whom divine cannot prevail . answ. . this also he might as well have objected against the apostle paul , who did require the corinthians to put away from among them the incestuous man , and titus to rej●ct an heretick after once or twice admonishing of him . . he might object the same thing against magistracy . shall there not be a better account of the word preached then of magistracy ? and if the word be able to make the man of god perfect , there is no need of magistracy . perfectum est cui nihil deest . surely many erastian arguments do wound civil as well as ecclesiastical government . . church-censures are not acts of humane authority , for they are dispensed in the name of the lord jesus christ , and ( if clave non errante ) are ratified in heaven . . discipline is no addition to that word which is able to make the man of god perfect , for it is one of the directions of the word . . the comparison which some make between the efficacy of the word preached , and the efficacy of church-discipline , as to the point of converting and winning foules , is a meer fallacy ab ignoratione ●…lenchi : for church discipline is not intended as a converting , light-giving , or life-giving ordinance . faith comes by hearing , and hearing by the word of god : and the word is the power of god for salvation to every one that beleeveth . but ecclesiastical discipline hath a necessary use , though it hath not that use . discipline and censures in the church are intended . . for the glory of god. that his name may not be blasphemed , nor the doctrine of the gospel reproached , by occasion of uncensured scandalls in the church . . for keeping the ordinances of christ from prophanation and pollution , that signa gratiae divinae , the signes of gods favour and grace , and the seales of his covenant may be denied to unworthy scandalous persons . . for preserving the church from the infection of bad and scandalous examples , it is fit to put a black mark upon them , and to put away the wicked person as the apostle saith ; for a rotten member if it be not cut off , and a scabbed sheep if not separated from the flock , may infect the rest . . for the good also of the offender himself , that he may be ashamed , and humbled . thes. . . . cor. . . this afflicting of the sinner with shame and sorrow , may and shall by the blessing of god be a means to the destruction of the flesh ; cor. . . that is to tame and mortifie his lusts , and so far removere prohibens that he may be the better wrought upon by the word . i conclude , church-government being instituted by christ , and having a necessary use in the church ; the erastians gain nothing by comparing it with the word . because it is not so necessary as the word , ergo , it is not necessary at all . or because it is not efficacious in the same manner as the word is . ergo it is not efficacious at all . the apostle saith christ sent me not to baptiz●… but to preach the gospel , cor. . . what if he had said christ sent me not to rule but to preach the gospel ? then had the erastians triumphed . yet this expression could not have proved that church-government is not an ordinance of christ , more then that can prove that baptisme is not an ordinance of christ. a negative in the comparative , will not inferre a negative in the positive . . object . i could never yet see said mr. coleman , how two co-ordinate governments exempt from superiority and inferiority can be in one state. against this i instanced in the co-ordinate governments of a general and an admiral , of a master and a father , of a captain and a master in one ship . mr. hussey finding he can not make good mr. colemans word , tells me pag. . that he meaneth two supreme co-ordinate governments . where first he loseth ground , and tacitely yeeldeth that church-government and civil government , distinct each from other do well consist , as long as they are not supreme , but as two armes under one head : no inconsistency therefore of congregational and classical elderships , and of provinciall assemblies , with the subordinate magistrates and civil courts in cities and counties . next we shall find also in scripture two co-ordinate supreme governments , for the civil and the ecclesiastical sanhedrin of the jewes were both supreme and co-ordinate , and there was no appeal from the sentence of either : as is evident by that disjunctive law , deut. . . and the man that will do presumptuously , and will not hearken unto the priest ( that is to the priests , as vers . . ) or unto the judge ( that is , the assembly or court of judges , as i have cleared else-where ) even that man shall die . but i have also answered more fully this objection concerning co-ordination . chap. . . object . ministers have other work to do , and such as will take up the whole man. to this argument ( saith mr. hussey pag. . ) mr. gilespie maketh no answer at all , though saint paul useth the very self same argument to discharge the preachers from oversight of the poor . act. . . god forbid we should leave the care of the word of god , and serve at tables . it will not be unseasonable to mind both him and mr. prynne that the canonized names by them used stylo romano , saint paul , saint matthew , saint mark , &c. ought to be laid aside , except they will use it of all saints , and why not as well saint moses , and saint aar●…n ( whom the psalmist calls the saint of the lord ? ) or why not saint aquila , saint apollos , saint epaphras , &c. methinks men professing reformation ought not to satisfie themselves in using this forme of speech , onely of such as have been canoniz●dat rome , and inrolled saints in the popes calender . and as strange it is that mr. hussey makes paul to act in the businesse , act. . before he was either saint or apostle . now to the argument . i did answer at first ( though mr. hussey is pleased not to take notice of it ) pag. . that where mr. coleman objected , ministers have other work to do , he might as well have added , that when ministers have done that other work , and all that ever they can , yet without the power of church-government , they shall not keep themselves , nor the ordinances from pollution : that is , church-government is a part of their work , and a necessary part , which hath been proved : i thought it enough to touch an answer where an objection was but touched : another objection in that very place being more insisted on ( and with more colour of reason ) concerning the fear of an ambitious ensnarement . and for the objection now in hand , mr. hussey hath made it no whit stronger by his instance from act. . for . the apostles did not wholy lay aside the care of the poor . sure paul ( afterward an apostle ) took great care of the poor at diverse times , and in diverse places as himself recordeth : but such taking care of the poor as did distract and hinder them from the main work of preaching the gospel , this was it which they declined ; and in that respect the work of baptizing also did give place to the work of preaching , cor. . . likewise the work of discipline must be so ordered , as may not hinder the principal work of preaching the gospel : which is very possible , yea probatum est : for where church-government is exercised , there are as painful preachers as any in the world , and such as neglect none of their other work . . to take speciall and particular care of the poor , did belong by christs institution ( whose mind was no doubt known to the apostles ) to the office of deacons , and for that reason the ministers of the word ought in like manner to be relieved of that burthen by deacons : but church-government doth belong to the elders of the church , of whom some labour both in doctrine and government , others in government onely . but neither must the argument go so , i have another thing to ask ; what is that other work which will take up the whole man ? mr. hussey pag. . expounds mr. colemans meaning , that the preaching of the gospel would take up the whole man , especially in our time : our knowledge of the scriptures is to be acquired by ordinary means &c. and in his epistle to the parliament he saith , i found the minister charged onely with preaching and baptizing , which being performed with such zeal and diligence as is needful , is aboundantly a sufficient employment . and so he takes off the minister not onely from government , but from visiting particular families , especially the sick ; from catechising and examining those who are to be admitted to the lords supper , from the celebration of the lords supper it self , to say nothing of the solemnization of marriage , yea from disputations in schools concerning the controversies of the time , which yet himself so much calls for . and why ? the minister hath other work to do , and such as will take up the whole man , which is to preach and baptize . . object . if acts of government be put in the hands of church-officers , there is fear of an ambitious ensnarement , which mr. coleman proved by an arguing from his owne heart to the hearts of other men . mr. gilespies answer to the matter of ambition saith mr. hussey , pag. . is onely by involving the civil magistrate in the same danger of ambition . and here he falleth out into a concertation , professedly with my answer , but really with mr. colemans argument : for the foundation of his argument was universal . might i measure others by my selfe , and i know not why i may not ( god fashioneth mens hearts alike , and as in warer face answers to face , so the heart of man to man ) &c. hereupon i replyed , is this corruption onely in the hearts of ministers ? or is it in the hearts of all other men ? i suppose he will say in all mens hearts ; and then his argument will conclude against all civil government . and now per omnes musas i beseech him , which of us involveth the magistrate in ambition ? must i be charged with involving the magistrate because i discovered that mr. colemans argument involveth the magistrate ? he might as truly say he is not the traytor that commits treason , but he is the traytor that 〈◊〉 treason . and why saith he that my answer was onely concerning that involving of the magistrate ? did i not first shew that the two scriptures on which mr. colemans argument was grounded , did not prove it : though now mr. hussey tells us mr. coleman did but allude to those scriptures ( i am sure it was all the scripturall proof which was brought for that argument upon which so much weight was laid ) which i will not trouble my reader withall saith he : a pretty shift , when a man cannot defend the argument , then forsooth he will not trouble the reader . next , did i not deny that which mr. coleman did take for granted ; that we may reason from this or that particular corruption in one mans heart , to prove the same particular corruption in all other mens hearts , and that paul taught us not so ? phil. . . did i not also answer in his owne words , that his brethrens wisedom and humility may safely be trusted with as large a share of government as themselves desire ? did i not lastly answer , that if his whole argument were granted , it cannot prove that there ought to be no church-government , for where the thing is necessary , abuses must be corrected and amended , but must not take away the thing it self ? unto which exceptions nothing hath been replied , nor offered to vindicate or make good that argument which was publikely offered to the parliament . if such men were fit to put the reverend assembly and all the ministery of england to school again , to learn to dispute , let every pious and wise man judg . and so i am ledd on to another objection . . object . schools of divinity will advance learning and religion , and get us an able ministery more then ecclesiasticall government can do . so mr. col man in his sermon pag. ● . yea mr. hussey calleth for schools , that there may be unity found among the preachers of the gospel , together with more learning and knowledge , pag. , , , . ( where by the way the jesuits are much beholding to him , and protestant writers very little . ) in his epistle to the parliament he desireth that ministers would unbend their thought of government , and think on wayes to get knowledge . i should have thought multum scientiae , parum cons●…ientiae , might be as seasonable a complaint . knowledge and learning are indeed most necessary , and i am confident shall flourish more under presbyteriall government , then either under popery or prelacy . school-disputes need not hinder ecclesiastical government : that ought to be done , and this not to be left undone . there is a practical part which belongs to presbyteries and synods , as well as a contemplative part belonging to schools : which made m the divines of ze●…land to offer this among other articles to be advised upon by the synod of dort , that they who are preparing for the ministery , may ( after their education at schools , before their setling in the ministery ) be for some space present in presbyteries , to learn church-government . that which a minister must do , is work : and that work is labouring in the word and doctrine , in ruling and watching over the flock , in dispensing the ordinances to them as a faithful steward . but mr. hussey pag. . tells us the minister must not be called from his study to examine notorious offences : which indeed suteth his notion of schools . the grecians did not intend schools for any such work ; for to them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was rest from work , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be idle , to take a vacation from work , that is , from other affairs , and from a practical life , to attend reading and studies . if schools be made to serve for all those necessary uses which church-government will serve for ; then there is much said ; but other wise nothing against us . . object . but quis custodiet ipsos custodes ? if the power of government and censures be in the hands of church-officers , how shall they be censurable and punishable for their owne offences ? how shall the censurers themselves be censured ? this objection i find in the eight epistle of dionysius areopagita ( or who ever he was that wrote under that name ) it was made by one d●…mophilus , what then say you , must not the prophane priests , or such as are convicted to have done somewhat amisse be corrected ? and shall it be lawful to them alone , while they glory in the law , to dishonour god by breaking of the law ? a little after , this direct answer is made to the objection . but if perhaps any among these erre from that which it becommeth him to do , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let him be corrected by the saints of his owne order , and so order shall not be intermixed with order , but each one shall be exercised in his owne order and administration . as the faults of church-officers deserve the greatest censures , so in all the reformed churches , where the free exercise and administration of church-discipline is received , there is greatest severity of church-discipline against church-officers , and especially against ministers of the word , when any such are upon just proof convict of scandal . it is too much diffidence ( and groundlesse , i dare say ) to apprehend that ministers who have taken upon them the bond of such a covenant , and joyned in such a reformation , will yet be ready to connive at any scandalous person of their owne coat . and if a classis should happen to commit such an error , yet there can be no such fear in this particular from a provinciall or national assembly , which in a well reformed church , ( as they are constituted of choice , able , and godly , both ministers and others assembled from diverse quarters , so ) use to correct ( not to confirme ) the mal-administration in inferior ecclesiastical courts . i speak here of the ecclesiastical offences of church-officers : their other offences belonging wholy to the civil cognizance and jurisdiction . . object . but let the scripture speak expressely , and institutions appear institutions , and all must bow . it is asked why we must not prove a must be , as well as a may be : and whether do our proofes amount to an institution and a ius divinum . for satisfaction in this point also . i answer the question which for the present i speak to , is not whether christ hath in his word limited and determined us to any one particular forme of church-government , so as no other forme can be admitted as lawful or agreeable to the word : much lesse do i now enquire what is that particular forme or kind of government which christ hath instituted . but the present controversie with the erastians is , whether christ have not appointed and instituted a government in his church in the hands of church-officers , distinct from civil government : as it is one thing to enquire whether it be the will of god , that there be a civil government or magistracy , that is , that there be not an anarchie in a n●tion , but some rule and government . another thing , to enquire whether god hath in his word limitted a nation to any one particular kind of civil government , and if any , what it is ? so it is one thing to enquire whether it be the will of christ , that there be an ecclesiastical government , or an intrinsecal power of ruling in the hands of church-officers , distinct from the civil government ? another thing to ask whether the word determineth any one kind of church-government as necessary , and which it is ? the former , not the latter is our present controversie . yea in very truth the erastians do oppose not onely the institution , but the lawfulnesse and agreeablenesse to the word of god , of a church-government distinct from the civil ; for their principles and arguments tend to the investing of the civil magistrate with the whole and sole power of church-government ; as that which belongeth to him onely , and that iure divino : so that if their principles hold good , it shall be unlawful and contrary to the word of god , for church-officers to claim , or assume , or exercise any government or power of censures . though ( i say ) the clearing and vindicating of the lawfulnesse of a distinct church-government , doth overthrow the erastian principles : yet that i may deal the more clearly and fully , for the satisfaction of all such as may be satisfied , this i avouch and averre : it is jure divino , it is the will of god , and of his sonne iesus christ the king and head of his church , that there be a church-government in the hands of church-officers distinct from the civil government . it is de necessitate praecepti , of the necessity of precept that it be s●… . it is sin and a violation of christ●… institution if it be not so . i am confident the arguments which i have brought chap. . will reach this point , and fully conclude it , especially if the strength of them be put together . yet now to drive the nail to the head , i adde these following arguments , directly inferring and proving an institution . first , the scripture speaks of church government in the same manner , and with the same height , fulnesse , and peremptorinesse of expression , as it speaketh of other things which are without controversie acknowledged even by the erastians themselves to be institutions of christ. for instance , let the erastians prove against the socinians the necessity and perpetuity of the ordinance of baptisme , that it ought to continue alwais in the church , and that by vertue of an institution and precept of christ : i will undertake by the like medium to inferre the like conclusion concerning church-government . again , let them prove the necessity , perpetuity , and institution ( i say not now of the word it self , or of preaching , but ) of the ministery , or of the pastoral office , i will bring the like argument concerning church-government : i do not now compare or paralel the government with the ministery of the word quo ad necessitatem medii vel finis , as being equally necessary to salvation , nor yet as being equally excellent ; but this i say , the one is by the scripture language an institution and ordinance of christ as well as the other . one ordinance may differ much from another , and still both be ordinances . secondly , church-government is reckoned among such things as had an institution , and which god did set in the church , cor. . . it is a good argument for the institution of pastors and teachers , that god set them in the church , as we read in that place , and christ gave them to the church , ephes. . . will not this then hold as well for the institution of a government in the church ? that the governments mentioned cor. . . are ecclesiastical and distinct from civil , is already proved , chap. . thirdly , if it be the will and commandement of god , that we be subject and obedient to church-governors , as those who are over us in the lord , as well as to civil governors , then it is the will of god that there be a rule and government in the church , distinct from the civil . for relata se mut●…o ponunt vel tollunt . if we be obliged by the fifth commandement to honour magistrates as fathers , then it is the will of god that there be such fathers . so when we are commanded to know them which are over us in the lord , and to esteem them highly , thess. . . to honour doubly elders that rule well , tim. . . to be subject and obedlent unto ecclesiasticall rulers , heb. . . with verse . . doth not this intimate the will of god , that pasto●s and elders be over us in the lord , and rule us ecclesiastically ? fourthly , that which being administred is a praise and commendati●n to a church , and being omitted is a ground of controversie to christ against a church , can be no other then an ordinance , and necessary duty . but church-government and discipline is such a thing , as being administred , it is a praise and commendation to a church , cor. . . revil . . . and being omitted is a ground of controversie to christ against a church , cor. . . . . revel . . . . ergo. fifthly , the rules and directions concerning an ecclesiastical government and discipline are delivered preceptwise in scripture cor. . . put away that wicked person from among you . thess. . . note that man. tit. . . a man that is an heretick after the first and second admonition reject . augustine lib. contra donatistas post collationem , cap. . saith that church-censur●s and discipline are exercised in th● church secundum praeceptum apostolicum , according to the apostolick precept , for which he citeth thess. . . sixthly , there is an institution and command , matth. . let him be unto thee as an heathen man and a publican . in which place there are three acts of the church , that is , of the assembly of church-officers . . they must be met together to receive complaints and accusations , tell the church . . they give sentence concerning the case , if he neglect to hear the church , &c. where heareing is required and obedience , there must needs be an authoritative speaking or judging . so that they who would prove the church here hath onely power to admonish doctrinally , because it is said if he hear not the church ; they may as well prove that the judges of israel had no more power but to admonish doctrinally because it is appointed deut. . . that the man who will not hearken to the judge shall die ; and it is not there expressed that the judge shall put him to death , more then it is expressed here that the church shall declare the offender to be as a heathen and a publican . . they must bind such a one by excommunication , whatsoever ye bind on earth , &c. neither could it ever enter in the thoughts of jesus christ to command one church-member or private brother to esteem another brother as an heathen and a publican , whom he would not have so esteemed by the whole church : and least of all can it be the will of christ that one and the same person should be esteemed by one of the church to ▪ be as a heathen and a publican , and withall be esteemed by the whole church as a brother , a good christian , a church-member , and accordingly to be freely admitted to the ordinances . chap. xi . the necessity of a distinct church-government under christian as well as under heathen magistrates . some when they could not denie but there was a church-government in the primitive and apostolick churches , distinct from all civil government , and churchcensures distinct from all civil punishments ; yet they have aledged ( though no such thing was alledged of old , neither by constantine and other christian emperors , nor by others in their behalf ) that this was for want of christian magistrates , and that there is not the same reason for such a church-government or censures , where there is a christian magistracy . see mr. husseys plea , pag. . as likewise mr. prynne in his diotrephes catechised . master colemans re-examination , pag. . calls for an instance where the state was christian. for taking off this exception , i shall observe , first of all n grotius ( otherwise no good friend to church-government , being poisoned with the arminian principles , who have endeavoured to weaken extremely the authority of classical and synodical assemblies , and to give a kind of papal power to the magistrate ) yet in this particular he argueth strongly for us , and not against us . secondly , where is that christian magistracy which hath suppressed or punished all such offences as did f●ll under ecclesiastical cognizance and censure , in the primitive and apostolick churches ? or where is that christian magistrate that will yet undertake to punish all those offences and scandals which were censured in the apostolick churches ? till some such instance be given , this exception against church-discipline and censures under a christian magistrate hath not so much as colour enough . aliae sunt leges caesarum ▪ ali●…e christi : aliud papinianus , aliud paulus noster praecipit saith hierome in epitaph . fabi●…lae . caesars lawes , and christs lawes are not the same , but different . papinianus commands one thing , paul another thing . chrysostome homil. . in . epist. ad cor. tells us that the best and wisest law-givers had appointed no punishment for fornication , for consuming and trifling away of time with playing at dice , for gluttony and drunkennesse , for stage-plaies and lascivious whorish gestures therein . is there not some cause to apply all this ( and much more of this kind ) even to christian law givers and magistrates ? put the case that he who is called a brother ( as the apostle speaks ) that is a member of the visible church , be found grossely ignorant of the principles of religion , and so far from growing in knowledge , that he loseth the knowledge of the scriptures , and of the truth of god which he had ( for this hath been diverse times observed ) through neglect of the means : or if he be known to neglect ordina●lly prayer in and with his family , and to continue in that offence after admonition : or if he live in known or scandalous malice and envie , and refuse to be reconciled with his neighbour , or if he be a known lyar and dissembler : or if by his words and actions he do scandalously and manifestly shew himself covetous , drowned in sensuality , ambitious , proud : or if he give a foul scandal by filthy and obscene speeches , by lascivious , obscene , whorish-like gestures or actions , where the act it self of adultery or fornication cannot be proved . i suppose that for these and such like scandals ( which are causes deserving not onely the elderships enquiry and admonition , but suspension from the lords table ) the christian magistrate neither doth , nor by the civil or municipal laws is bound to arraign and punish all such as are guilty thereof . thirdly , whereas arch-bishop whitgift answ. to the admon . pag. . did alledge that the church may not be governed under a christian magistrate as it may under a tyrant , which he brings as an exception against ruling elders and elderships , while he could not denie but such there were in the primitive church . mr. cartwrigh ▪ in his reply pag. . answereth , that if these elders under a tyrant had medled with any office of a magistrate , then there had been some cause why a godly magistrate being in the church , that office should cease : but since they did onely assist the pastor in matters ecclesiastical , there is no distinction between times of persecution , and times of peace , as touching the office of elders . the like say i of church-censures and discipline . if the government of the church by presbyteries and synods , if suspension and excommunication in the apostles times had been an usurping of any thing belonging to the magistrate , then there had been some reason to lay aside all church-censures and ecclesiastical government , when the magistrate turned christian , and willing to do his duty . but if not , then the civil and church-government may still remain distinct , even where the state is christian. fourthly , every institution or ordinance of christ , must continue as a perpetual obligation , unlesse we can find in the word that christ hath given us a dispensation or taken off the obligation , and set a period to the ordinance , that it shall continue so long and no longer . i mean every ordinance of christ must be perpetual , which we cannot prove from the word to be but temporal or extraordinary . now in the word christ hath not appointed the governing the church , and correcting scandals , to be onely under a tyrant , and to cease under a christian magistrate : neither is there any such thing held forth in scripture ( which yet our opposites must shew , if they will make good what they say ) but contrariwise , what christ delivered to the apostles , and they to the churches , is to be kept and continued , till our lord come again cor. . . . tim. . . and he himself saith , rev. . . . that which ye have already , hold fast till i come . these things were not spoken to the apostles , to timothy , to the churches of that time personally ( for they were not to live till christs comming again ) but the charge was given to them in name of and with respect unto all the ministery and churches of christ. fifthly , this exception made against church-censures under a christian magistrate , supposeth that such censures will make an interfering and clashing between the civil and ecclesiastical power . but there is no cause for that fear , these powers being so hugely differenced in their efficient causes , matters , formes , ends , effects , objects , adjuncts , correlations , and ultimate terminations , as i have made it to appear in the particulars , chap. . sixthly , the churches liberty and power is not to be infringed , diminished , nor taken away ; but preserved , maintained , enlarged , and augmented under a christian magistrate . were it not a sad case , if there should be cause to say that the churches of christ have not so much liberty under a christian magistrate to keep themselves and the ordinances from pollution , as they had under pagan and infidel magistrates ? seventhly , why may not christian church-government consist with christian magistracy , as well as the jewish church government did consist with the jewish magistracy , being of the same religion ? or if we please to look to later presidents , who can be ignorant that civil government and church-discipline have rather strengthened then destroyed each other , not onely in france where the magistracy is not protestant , but in scotland , in the low-countries , in geneva , and else-where ? eightly , we have covenanted to endeavour a reformation of church-government and discipline according to the word of god and the example of the best reformed churches . now both the word of god , and the example of the best reformed churches , leadeth us to a church-government distinct from civil government : and the example of the best reformed churches doth undeniably lead us to a church-discipline , even where he magistrate is christian , neither doth the word make any exception of christian states , but contrariwise chargeth us to keep the commandement and ordinances till christ come again . ninthly , the magistrate hath other work to do , and such as will take up the whole man : and if he should take upon him the whole burthen of church-government , the enquiring into , examining and correcting of all scandals in the church , surely it is more then he can discharge , or give a good account to god of . it will be hard enough to church-officers to do it , though they are set apart to that service , and ex officio do watch over peoples souls , as they that must give an account . but for the christian magistrate to discharge the whole corrective part of church-government , and to watch over the soules of all the people ; so as to take care of the purging of the church from scandals , and for that end to observe , examine , and judge all offences in the church , and to determine that this man ought to be admitted to the sacrament , and that man ought not to be admitted ( for that there must be a suspension of scandalous and unworthy persons , i now take it for granted because of the ordinance of parliament ) as it is impossible for the magistrate to do all this , so i beleeve it will be to him durus sermo , a hard saying , to hear that he must give account to god of all these things ; and that ministers have no more to answer for but preaching , ministring the sacraments to those to whom they are appointed to give them , catechizing , visiting the sick , exhorting , admonishing , reproving , comforting . it was a good argument against the prelat ; he assumed the ecclesiastical government of a whole diocesse , and could not give account to god for so many thousands , and sometime hundreths of thousand souls . yet mr. coleman would have had the parliament to be church-officers to the whole kingdom in point of corrective government , and the ministery to have no part of that government . but then i ask , how shall they answer for that ecclesiastical government and administration of theirs , more then the prelat could answer for the ecclesiastical government of a whole diocesse ? if it be said that the parliament is onely to settle a rule , and to give order what is to be done , and to commit the execution and the managing of particular cases to subordinate courts and inferiour officers , then no more is said then the prelats did plead for themselves , that they did per alium what they could not do per se. so that such principles do tend directly to involve the parliament in the prelatical guiltinesse , which our principles do avoid . was it not another argument used against the prelats , that they could not manage both civil and church-government , and that an ecclesiastical administration could not consist with civil power and places in the parliament or with offices of state , any one of these administrations ( either the civil or the ecclesiastical ) requiring the whole man. do not the erastians endeavour to draw the parliament into the very same absurdity with which the prelats were pressed ? for if any of these two administrations require the whole man , how can the civil magistrate ( though christian ) take upon him the burthen of church-government , more then church-officers can take upon them the burthen of civil-government ? philo the jew gives this reason why moses did make a partition of the charge between ioshua and aaron , committing to the one the civil , to the other the ecclesiastical administration . he considered that it was impossible rightly to take care both of the supreme civil power , and of the priesthood , since the one professeth to care for things pertaining to god , the other for men . philo de charitate . tenthly , ratio immutabilis facit praeceptum immutabil●… . if the apostle had required the corinthians to excommunicate the incestuous man , upon such grounds and reasons as were proper to that time , and are not applicable to after times , so as to prove the necessity of excommunication for , the like offence , then there were some reason why excommunication should not be esteemed a perpetual ordinance in the church : but it is manifest that the reasons given by the apostle were not proper to that time , but do concern this time as well as that . the reasons are taken . from the glory of god , vers●… . . he that had done such wickednesse as was not so much as named among the gentiles , was not to be suffered among gods people , but to be taken away from among them ; if evil be not put away from israel , it is a great dishonour to the god of israel . this first argument used by the apostle , is like that ezek. . , . they had prophaned the holy name of god among the heathen , therefore god would sanctifie his great name , and make the heathen to know that he is the lord , when he should be sanctified in his people before their eyes . . from the commission , power , and authority which the church of corinth that is their presbytery ( compare cor. . . ) had to excommunicate such a●one . vers . , . in the name of our lord iesus christ when ye are gathered together . &c. . from the good and benefit of the sinner himself , that he might be ashamed , humbled , reclaimed , mortified and saved : vers . . for the destruction of the flesh , that the spirit may be saved in the day of the lord jesus . . from the churches good , that the church might be preserved from the contagion of such sinful examples vers . . know ye not that a little leaven leaveneth the whole lump ? . from that which was signified and typified by the purging out of leaven from israel in the time of the passeover . vers . , purge out therefore the old leaven &c. . from the end of christs death , which was to purifie and sanctifie , as well as to reconcile and justifie his people , vers . . . for christ our passeover is sacrificed for us , therefore let us keep the feast , &c. . from the difference which ought to be made between the foul sins of church-members , and others that are not church-members : a blacker mark is to be put upon the former , then upon the latter : and more withdrawing there must be from a scandalous brother or professor of christian religion , then from a prophane heathen , vers . . . . from all which it doth appear , that it is not without good reason that martyr and pareus upon cor. . do maintain the necessity of excommunication , under a christian and pious magistrate , as well as under an infidel and prophane magistrate . eleventhly , the end and use for which church-censures are necessary , is not intended and endeavoured , much lesse attained , by the government of the christian magistrate . for though the christian magistrate punisheth many ( i cannot say all ) grosse and scandalous sins with corporal or civil punishments : yet to punish sin is one thing ; to seek the salvation of the sinner is another thing : so the offender his suffering of punishment and satisfying the law of the land is one thing ; his declaring of his repentance , and publike confession of his sin , for taking away the scandal which he hath given to the church , is another thing . suppose a deli●quent ( whose fault is not capitall by the law of the land , for instance a fornicator , a drunkard , a common swearer , a sabbath-breaker , or the like ) to have suffered in his person or estate , all the punishment which he ought to suffer , so that he hath now made a civil atonement ( as i may call it ) for his offence , and the christian magistrate hath no further to charge him with . suppose also that he is by such corporal or civil punishments as by a bit and bridle over-awed and restrained from committing again the like ext●rnal acts : notwithstanding he hath not the least signe of true repentance and godly sorrow for his former foul and scandalous sins , and he is known to be not an accuser , but an excuser of himself for those faults and scandals . such a one comes and desires to receive the sacrament . must his poenal satisfaction to the christian magistrate be a sufficient poenitential satisfaction to the church ? here is a rock which the er●…stians dash upon , unlesse they admit of a distinct ecclesiastical judgement , concerning the signes of repentance in a scandalous sinner , according to which , as these signes shall appear or not appear , he is to be admitted or not admitted to the sacrament . twelfthly , the power of binding and loosing , is not a temporary but a perpetual power , that is , appointed by christ to continue in his church alwaies unto the end . now this power is given onely to church-officers , and christ hath not given the keyes of discipline and the power of binding and loosing ( of which else-where ) to the magistrate , nay not to the christian magistrate , more then to the infidel magistrate . let the least hint be found in scripture , where christ hath given any such power to the christian magistrate , and i yeeld the cause . thirteenthly , the new testament holdeth out as little of the ministery of the word and sacraments under a chrīstian magistrate , as it doth of a church-government under a christian magistrate . shall this therefore strengthen the socinian tenent , that baptisme is not a perpetual ordinance in the church , and that we are not obliged by that commission which the apostles had to baptize ? god forbid . fourteenthly , the german anabaptists required an expresse warrant or example in the new testament of a christian magistrate , or of the sword and wars in a christian state , yet this hath been thought no good argument against magistracy and wars among christians . i cannot pretermit a passage of gualther , who may seem to be opposite to me in this present question . even he in his homily upon iohn . . after he hath spoken of excommunication in the jewish church , and in the apostolick churches , he addeth o and this day also there is need of ecclesiastical discipline , which being instituted in the reformed churches , ought to be diligently kept , lest the indulgence of magistrates , which reignes almost every where , should render the doctrine of the gospel suspected among those that are without , and that themselves also may be contained in their office , and may not think that any thing they will is lawful to them in the church . but after all this , let me put mr. hussey and other erastians in mind , that if they do acknowledge that jesus christ hath instituted or commanded that there be a church government and power of censures distinct from the civil government , when the magistrate is heathenish or idolatrous , let them speak it out , and let us agree so far . otherwise if they do not agree in this , it is but a blind for them to make use of this distinction , that where the magistrate is christian , there is no necessity of a distinct church-government . i conclude with a passage of mr. prynne in his twelve considerable serious questions touching church-government . the ninth of those questions runs thus . whether the independents challenge of the presbyterians to shew them any national church , professing christ in our saviours or the apostles daies , before any one nation totally converted to the christian faith , or any general open profession made of it by the princes , magistrates , and major part of any nation , kingdom , republick , who were then all generally pagans and persecutors of the gospel , not then universally imbraced , be not a most irrational unjust demand ? sure if this hold against the independents , it will hold as strongly , yea more strongly against the erastians , to prove their demand to be most irrational and unjust , while they challenge us to shew them in the new-testament a distinct church-government under a christian magistrate , or where the state was christian , though themselves know magistrates and states were then generally pagan and not christian : yea there was in those daies much more of a national church then of a christian magistrate . an appendix to the second book , containing a collection of some testimonies not cited before ; and first a testimony of king iames in a declaration of his , penned with his own hand , signed and delivered to the commissioners of the church of scotland at linlithgow , december . anno . i for my part shall never , neither my posterity ought ever cite , summon , or apprehend any pastor or preacher for matters of doctrine , in religion , salvation , heresies , or true interpretation of the scripture : but according to my first act which confirmeth the liberty of preaching the word , ministration of the sacraments , i avouch the same to be a matter meer ecclesiastical , and altogether impertinent to my calling . therefore never shall i , nor ever ought they , i mean my posterity , acclaim any power or iurisdiction in the foresaids . his majesties meaning was that he ought not to do this in prima instantiâ , that is , before the person be accused , convict , or judged in any ecclesiastical court. ( which was the question at that time , occasioned by mr. andrew melvill his case ) afterward in the same declaration it followeth thus . christ saying dic ecclesiae , and one onely man stealing that dint in a quiet hole , the act of parliament reduceth the sentence for informality and nullity of processe , not as iudges whether the excommunication was grounded on good and just causes or not , but as witnesses that it was unformally proceeded , against the warrant of gods word , example of all reformed ki●ks , and your owne particular custome in this countrey . a little after . i mind not to cut off any liberty granted by god to his kirk . i acclaim not to my self to be judge of doctrine in religion , salvation , heresies , or true interpretation of scripture . and after . my intention is not to meddle with excommunication , neither acclaim i to my self or my heires power in any thing that is meer ecclesiastical and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nor with any thing that gods word hath simply devolved in the hands of his kirk . and to conclude , i confesse and acknowledge christ iesus to be head and law-giver to the same . and what soever persons do attribute to themselves , as head of the kirk , and not as member , to suspend or alter any thing that the word of god hath onely remitted to them , that man i say committeth manifest idolatry , and sinneth against the father in not trusting the words of his son , against the son in not obeying him and taking his place , against the holy ghost , the said holy spirit bearing the contrary record to his conscience . testimonies taken out of the harmony of the confessions of the faith of the 〈◊〉 churches , r●printed at london . pag. . out of the confession of helvetia . furthermore , there is another power of duty , or ministerial power limited out by him , who hath full and absolute power and authority . and this is more like a ministry then dominion . for we see that some master doth give unto the steward of his house authority and power over his house , and for that cause delivereth him his keyes , that he may admit or exclude such as his master will have admitted or excluded . according to this power , doth the minister by his office , that which the lord hath commanded him to do , and the lord doth ratifie and confirm that which he doth , and will have the deeds of his ministers to be acknowledged and esteemed as his own deeds , unto which end are those speeches in the gospel : i will give unto thee the keyes of the kingdom of heaven , and whatsoever thou bindest or loosest in earth , shall be bound and loosed in heaven . again , whose sins soever ye remit , they shall be remitted ; and whose sins soever ye retain , they shall be retained . but if the minister deal not in all things as his lord hath commanded him : but passe the limits and bounds of faith , then the lord doth make void that which he doth . wherefore the ecclesiastical power of the ministers of the church , is that function whereby they do indeed govern the church of god , but yet so as they do all things in the church as he hath prescribed in his word ; which thing being so done , the faithful do esteem them as done of the lord himself . pag. . out of the confession of bohemia . the th . chapter of ecclesiastical doctrine is of the lords keyes , of which he saith to peter , i will give thee the keyes of the kingdom of heaven , and these keyes are the peculiar function or ministery and administration of christ his power , and his holy spirit ; which power is committed to the church of christ , and to the ministers thereof , unto the end of the world : that they should not onely by preaching publish the holy gospel , although they should do this especially , that is , should shew forth that word of true comfort , and the joyful message of peace , and new tydings of that favour which god offereth , but also that to the beleeving and unbeleeving , they should publikely or privately denounce and make known , to wit , to them his favour , to these his wrath , and that to all in general , or to every one in particular , that they may wisely receive some into the house of god , to the communion of saints , and drive some out from thence , and may so through the performance of their ministery , hold in their hand the scepter of christ his kingdom , and use the same to the government of christ his sheep . and after , moreover a manifest example of using the power of the keyes is laid out in that sinner of corinth and others , whom st. paul , together with the church in that place , by the power and authority of our lord jesus christ , and of his spirit , threw out from thence and delivered to sathan : and contrariwise after that god had given him grace to repent , he absolved him from his sins , he took him again into the church to the communion of saints and sacraments , and so opened to him the kingdom of heaven again . by this we may understand , that these keyes , or this divine function of the lords , is committed and granted to those that have charge of souls , and to each several ecclesiastical societies , whether they be smal or great . of which thing the lord sayeth to the churches , verily i say unto you , whatsoever ye bind on earth , shall be bound in heaven . and straight after : for where two or three are gathered together in my name , there am i in the middest of them . pag. . out of the french confession . vve beleeve that this true church ought to be governed by that regiment or disc●pline which our lord jesus christ hath established , to wit so , that there be pastors , elders , and deacons , that the purity of doctrine may be retained , vices repressed . &c. pag. . out of the confession of belgia . vve beleeve that this church ought to be ruled and governed by that spiritual regiment which god himself hath delivered in his word , so that there be placed in it pastors and ministers purely to preach , and rightly to administer the holy sacraments : that there be also in it seniors and deacons , of whom the senate of the church might consist , that by these means true religion might be preserved , and sincere doctrine in every place retained and spread abroad : that vicious and wicked men might after a spiritual manner be rebuked , amended , and as it were by the bridle of discipline kept within their compasse . pag. . out of the confession of auspurge . again , by the gospel , or as they term it by gods law , bishops , as they be bishops , that is , such as have the administration of the word and sacraments committed to them , have no jurisdiction at all , but onely to forgive sin , also to know what is true doctrine ; and to reject such doctrine as will not stand with the gospel , and to debarre from the communion of the church such as are notoriously wicked , not by humane force and violence , but by the word of god. and herein of necessity the churches ought by the law of god to perform obedience unto them , according to the saying of christ , he that heareth you , heareth me . upon which place the observation saith thus . to debar the wicked , &c. to wit by the judgement and verdict of the presbyterie , lawfully gathered together . &c. a testimony out of the ecclesiastical discipline of the reformed churches in france . cap. . art. . the knowledge of scandals , and the censure or judgement thereof belongeth to the company of pastors and elders . art. . if it befalleth , that besides the admonitions usually made by the consistories to such as have done amisse , there be some other punishment or more rigorous censure to be used : it shall then be done either by suspension , or privation of the holy communion for a time , or by excommunication or cutting off from the church . in which cases the consistories are to be advised to use all prudence , and to make distinction betwixt the one and the other : as likewise to ponder and carefully to examine the faults and scandals that are brought before them , with all their circumstances , to judge warily of the censure , which may be required . harmonia synodorum belgicarum . cap. . art. . . . peccata sua natura publica , aut per admonitionis privatae contemtum publicata , ex consistorii totius arbitrio , modo & formâ ad aedificationem maximè accomodatis sunt corrigenda . qui pertinaciter consistorii admonitiones rejecerit , à s. coenae communione suspendetur . si suspensus post iter atas admonitiones nullum poenitentiae signum dederit , ad excommunicationem procedet ecclesia . melchior adamus de vitis germanorum theologorum , pag. . cumque sub id tempus ( anno . ) fredericus elector palatinus , qui ludovico successerat , de ecclesiarum agitaret reformatione : composuit melanchthon , cum evocato venire integrum non esset , scriptum de reformandis ecclesiis : cujus synopsin aliquot regulis comprehendit : quas addimus . vera & salutaris gubernatio ecclesiae christi praecipuè in his sex membris consistit . primum , in vera & pura doctrina , quam deus ecclesiae suae patefecit , tradidit , & doceri mandavit . secundo , in legitime usu sacramentorum . tertio , in conservatione ministerii evangelici & obedientiae erga pastores ecclesiarum ; sicut deus vult & postulat conservari ministerium evangelii , & servat ipse sua potentiâ & presentiâ . quarto , in conservatione honestae & pia disciplinae retinendae per judicia ecclesiastica , seu jurisdictionem ecclesiasticam . quinto , in conservandis studiis necessariae doctrinae & scholis . sexto , ad haec opus est defensione corporali & facultatibus , ad personas , quae sunt in efficiis necessariis , alendas . the irish articles of religion . art. . neither do we give unto him ( the supreme magistrate ) hereby the administration of the word and sacraments , or the power of the keyes . and art. . but particular and visible churches ( consisting of those who make profession of the faith of christ , and live under the outward means of salvation ) be many in number : wherein the more or lesse sincerely according to christs institution , the word of god is taught , the sacraments are administred , and the authority of the keyes is used ; the more or lesse pure are such churches to be accounted . laurentius humfredus de religionis conservatione & reformatione vera . ad nobilitatem , clerum , & populum anglicanum . pag. . nec satis mirari possum nec satis dolere , cum intellgam in his locis * repudiari disciplinam ecclesiasticam , & vel nullam esse vel nimis laxam , vel non satis vigilanter administratam , in quibus tamen alioqui religionis sincera ef●igies cernitur : quasi evangelium esse possit ubi non vivitur evangelicè : aut quasi christus laeto ▪ carnali , voluptuario delectetur evangelio . &c. at in ecclesia manere debet censura & jurisdictio , non minus quam gladius in repub. pag. . sit ergo haec prima reformationis perfectae ratio , nostri ac peccatorum recognitio & emendatio . deinde severior adsit in ecclesia castigatio & animadversio : ut illa laxit as & remissio frnaeetur , quo minus & levius deinceps peccetur . finis . the third booke . of excommunication from the church . and , of suspension from the lords table . chap. i. an opening of the true state of the question , and of master prynnes many mistakes and mis-representations of our principles . having now by the light of scripture and other helps asserted a church-government distinct from civill magistracy , both in the old and new testament , the last part of my present undertaking shall be to vindicate the particular ordinances of excommunication and suspension , called by the schoolmen excommunicatio major & minor . of which also i have before spoken divers things occasionally ; for i have asserted an excommunication and suspension in the jewish church , booke . chap. , , , , , , , , . the nature , grounds , reasons , uses , and ends whereof , were not proper to the old testament , but such as concerne the christian church . i have also brought arguments booke . chap. , . which conclude not onely church-government , but excommunication . and so much of my worke is done : neverthelesse there is more to doe . m r prynne first in his foure grand quaeres , and thereafter in his vindication of the same , hath argued much , both against the suspension from the sacrament of a person not excommunicated and wholly cast out of the church , and against some of the most pregnant scripturall proofes for excommunication it selfe . in his vindication he hath branched forth the controversie into ten points of difference . two of these , viz. the fifth concerning suspension from the sacrament of the passeover , and the ninth concerning casting out of the synagogue , i have discussed before in the first book . where i have also examined other assertions of his concerning the jewish sanhedrin , temple , confession of sinne . the other points of difference not handled before , i am ( as the lord will help me ) now to speak to . the first point of difference is , whether in those foure quaeres of his he stated the controversie aright . he is offended that i ( in a sermon of mine before the honourable house of commons ) charged the questionist with mistakes , and that i did not take notice of the question concerning suspension from the sacrament , as he stated it . vindic. pag. . i had reason , because he had mis-stated it ; and since it pleased him to interpose in a matter depending between the honourable houses of parliament , and the reverend assembly of divines , and to publish a paper plainly reflecting upon a petition of the assembly , i hope he can not think either the assembly , or me , tied to his stating of the question . if he will meddle with the businesse of the assembly , he must speak to it as it is . and that it may now appeare how just cause i had to charge his queres with mistakes of the state of the question , ( which he still mistaketh ) i shall endeavour a more particular and full discovery of these his mistakes . and first , that which was desired by the assembly was , that such a rule may be established by authority of parliament , as may keep off all scandalous and notorious sinners from the sacrament . the question was not what texts of scripture doe warrant this thing . it did not concerne me to debate whether the scriptures of the old and new testament quoted by him , prove suspension from the lords table . the controversie was of the practicall conclusion , and of establishing such a rule , as may keep off scandalous persons from the sacrament . if the thing be done , if the conclusion be consented to , there is the greater liberty for men to abound in their own sence concerning the mediums to prove it . secondly , and if he would needs debate what texts of scripture doe prove the thing , and what precept or president in scripture doth warrant it : me thinks he had done better to have informed himselfe , on what scripturall proofs the reverend assembly had grounded the suspension of scandalous sinners from the sacrament , though not yet cast out of the church ; the proofes from scripture voted in the assembly , were these . because the ordinance it selfe must not be prophaned . and because we are charged to withdraw from those who walk disorderly . and because of the great sinne and danger both to him that comes unworthily , and also to the whole church . the scriptures from which the assembly did prove all this , were , matth. . . thess. . , , . cor. . , to the end of the chapter , compared with iude vers . . tim. . . another proofe added by the assembly was this . there was power and authority under the old testament to keep unclean persons from holy things , levit. . . num. . . chro. . . and the like power and authority by way of analogy continues under the new testament , for the authoritative suspension from the lords table , of a person not yet cast out of the church . now that which was the strength of the assemblies proofes of the proposition , m r prynne hath almost never touched , but run out upon other particulars . thirdly , observe that he disputes all along whether any minister can suspend one from the sacrament . but this no body , that i know , asserts . the power is given not uni , but unitati , to the eldership , not to any one , either minister or elder . fourthly , that which in the preface of his queres he undertakes to prove , is , that excommunication and suspension from the sacrament , being a matter of great moment and much difficulty , is to be handled and established with great wisdom , caution and moderation . and his result in the close is concerning a limited jurisdiction in presbyteries . as these things are not denied by any that i know , so himselfe manifestly acknowledgeth by these expressions , the thing it selfe for the substance , ( which yet the current of his debate runneth against● ) and onely questioneth concerning the bounds , cautions and limitations . god forbid that church-officers should ever claim an unlimited power : their power is given them to edification , and not to destruction , and we can doe nothing against the truth , but for the truth , cor. . , . the power of censures must not be in the power of any one man , nor in the power of any who are themselves scandalous and worthy of censure . a there must be no sentence of excommunication or suspension , upon reports , surmises , suspitions , but either upon the confession of the offence or proofe thereof by two witnesses at least . none must be excommunicated nor suspended for money matters , debts , and such like civill causes which are not of ecclesiasticall cognizance , but are to be judged by the civill judge . it must not be for those peccata quotidianae incursionis , such sinfull infirmities as all the godly in this life are guilty of : though on the other side , the scandalous sinnes meant of in this controversie , must not be restricted to such sinnes onely as can not stand with the state of grace . these and such like limitations we doe not onely admit of , but desire to be put . fifthly , he goeth about to cleare the state of the question out of aretius , and citeth him for what himself now undertaketh to prove . whereas aretius holds excommunication to be an ordinance of god both in the old and new testament , and that it was wanting through the injury and corruption of the times , the abuse of it in popery having made the thing it self hatefull ; and the most part in those places where he lived , loving carnall liberty so well ; and taking upon them the protection and defence of prophane ones , and being so unwilling to be brought under the yoke of christ. for these and the like reasons , he thought it not expedient to have that discipline of excommunication erected at that time in those parts ; as himselfe gives the reasons : and b he professeth withall , that he doth not despaire of better times , when men shall be more willing to submit to that discipline . so that this is the question , if it shall be stated out of aretius ; whether excommunication , being an ordinance of god , ought to be setled where prophanesse and licentiousnesse abounds , and where the better party is like to be oppressed by the greater party : or whether we should wait till god send better times for the setling of it . sixthly , the author of those questions maketh a parallel between that power of censures now desired to be setled in presbyteries , and the prelaticall tyranny , as if this were the very power which heretofore was declaimed against in , denied to , and quite taken away from the prelates . yea in the close he makes this power now desired to be setled in presbyteries , to be such as our very lordly prelates never durst to claime . yet ecclesiae anglicanae politeia in tabulas digesta authore richardo cousin tab. . tels me that the episcopall jurisdiction did exercise it selfe in these censures , which were common both to lay-men and clergy-men ( as they were called . ) . interdictio divinorum . . monitio . . suspensio vel ab ingressu ecclesiae , vel a perceptione sacramentorum . . excommunicatio . . anathematisinius , &c. neverthelesse there is a truth too in that which m r prynne saith . i confesse the prelates never durst desire that which this learned and pious assembly hath desired in this particular . he hath said it . the prelats never durst indeed take upon them to suspend all scandalous persons from the sacrament ; for if they had , it had been said unto most of them , physitian cure thy selfe , besides the losing of many of their party . and moreover the very lordly prelates never durst make themselves to be but members of presbyteries , nor to be subject to the admonitions and censures of their brethren , which every minister now must doe . the lordly prelate did ( contrary to the institution of jesus christ ) make himselfe pastor of many congregations , even of his whole diocesse , and did assume sole and whole power of government and church censures to himself , and his underling officers which were to execute the same in his name . and as the appropriating of jurisdiction to the lordly prelate , so the manner and kind of his government , and his proceedings in ecclesiasticall censures , came neither from christ nor from the purest antiquity , but from the popes canon law. what then hath presbytery to doe with prelacy ? as much as light with darknesse , or righteousnesse with unrighteousnesse . he that would see more of the differences between presbyteriall and prelaticall government , let him read a book printed in the prelates times , entituled the pastor and the prelate . and the cleere antithesis between presbytery and prelacy printed at london anno . . see also what i have said before book . . chap. . . it is evident by his fourth question , that he states the case , as if ministers meant to know the secrets of all mens hearts , and to be so censorious and peremptory in their judging as to quench the smoaking flax or to break the bruised reed ; thereupon he askes whether the sacrament may be denyed to a man , if he desires to receive it , in case he professe his sincere repentance for his sinnes past , and promise newnesse of life for the time to come . god forbid we be censorious , peremptory , and rigid in our judging of mens spirituall estate ; where there is any thing of christ , it s to be cherished , not quenched . but again , god forbid that we shut our eyes to call darknesse light , or black white . in that very place where our saviour condemneth uncharitable judgement , immediately he addeth , give not that which is holy unto the doggs , neither cast ye pearles before swine mat. . impenitency under a scandalous sinne is discerneable either by not confessing it , or by not forsaking it . all our present controversie is concerning a visible church , visible saints , visible holinesse , visible repentance , visible fitnesse or qualification for the sacrament , that is c of such externall signes and evidences as the word of god holds out for judging of the spirituall estate of other men , not of such internall gracious marks whereby a man must judge of his own spirituall estate . and so he that professeth his sincere repentance for his sinnes past , and promiseth newnesse of life for the time to come , if there be nothing which ( visibly and to the eye of man ) giveth the lye to his profession and promise , ( for instance , if it can be proved that immediately before or immediately after he hath professed or promised the contrary to his companions in his wickednesse , or that he still continueth in the practise of that sinne ) is not to be excluded as an impenitent sinner from the sacrament . . the third quaere , as also the conclusion of all , runneth upon a great mistake , by reason of the confounding of things which are of a different nature . there is great weigh-laid upon this , that there is as much sin & danger to a mans soule in his unworthy and unprofitable hearing of the word , as in his unworthy receiving of the sacrament ; and therefore ministers may as well refuse to preach unto people , whom they deeme unprofitable hearers , as refuse to give them the sacrament , because they judge them unmeet to receive it . whether the sinne of unworthy hearing be as great as the sinne of unworthy receiving the sacrament , i will not now debate . the d reply which was made to his quaeries by another , hath said enough to that point . but that which i intend in this place , is ( for clearing a maine principle which we goe upon ) to distinguish these two things . there are some ordinances appointed for the conversion of sinners . there are other ordinances appointed for the communion of saints . the preaching of the word and the hearing thereof , though it hath no small influence into the communion of saints , yet it is also appointed for converting and bringing in sinners who have no part in the communion of saints . the sacrament was not appointed for the conversion of sinners , but is peculiar to the communion of saints . the apostles preached to the unbeleiving jewes in the temple and synagogues act. . . act. . . . act. . . . act. . . . . but it is onely said of those that gladly received the word , they continued stedfastly in the apostles doctrine and fellowship , and in breaking of bread and in prayers . act. . . the apostles preached also to many heathens and idolaters , but they admitted none to the sacramens till they saw such evidences as might perswade them in the judgement of charity that they were such as might be admitted . they that are suspended from the sacrament , yea they that are excommunicate , are admitted to the hearing of the word for their conversion , as the unbeleeving jewes and heathens were . can any alledge the like reason for admitting them to the sacrament ? erastus himself observeth that the unclean under the law who might not eat of the passeover , yet were not forbidden but commanded to observe the sabbath , and the feast of expiation . i mention it onely as an argument ad hominem . if a sinner be known for a improfitable hearer of the word , that cannot make it a sinne to me to preach any more to him . but if he be known to be a dogg or a swine in reference to the sacrament , that will make it a sin to me if i minister the sacrament to him . the reason is because i am still bound to endevour his conversion ( not knowing that he hath blasphemed against the holy ghost ) but i am not bound to give him the seale of remission of sinnes and salvation by jesus christ : yea it were sinne to give that seal to him who is visibly and apparently uncapable of such sweet and comfortable application of christ. i conclude that the suspending of scandalous persons from the sacrament , is neither onely nor principally grounded upon the sinne and guilt of eating and drinking unworthily , which will cleave to the unworthy communicant : but rather ( not excluding the other ) upon the nature of the ordinance which is such as cannot admit of the notoriously scandalous to receive , but that holy ordinance shall thereby be prophaned and made common ; for what can be more contrary to the na ure of that ordinance and to the institution of jesus christ , than to turne the communion of saints , into the communion of scandalous sinners ; and to make that which was instituted for the comfort of those that repent and beleeve , to be a comfort and seal of salvation to those who are known by their fruits to have neither repentance nor faith , and so to send them away with a good conceit of their spirituall estate , and thereby to strengthen their hearts and hands in wickednesse ? . the question is not whether all scandalous persons are to be excommunicated and wholly cast out off the church . the assemblies petition was not concerning excommunicating , but concerning suspending from the sacrament all scandalous persons . yet the current of master prynnes argumentation both in his quaeries , and in his vindication thereof , for the most part , runneth along against excommunication and suspension from the sacrament , as the tittles likewise doe promise . which is a fallacy d conjunctis ad divisa . and when he debateth so much concerning excommunication and suspension , his and is either copulative or exegeticall . if copulative , he opposeth no body that i know so much as himself ; for i know none that would have all scandalous sinners suspended , to be excommunicated also , except himself . if exegeticall , even so he is contrary to himself , who confesseth that one may be suspended from the sacrament before he be excommunicated . vindic . p. . . and whereas in the latter part of his first quaere , he would drive us to this hard choice , that either a scandalous person must be excommunicated , or not suspended from the sacrament ; he saith it is evident by tertullians apology cap. . & lib. de poenit . that scandalous persons were ever excommunicate and wholly cast out of the church , not barely sequestred from the sacrament . whence saith he all the canonists and schoolemen determine that an excommunicate person is excluded from the church and all publike ordinances . let the prudent reader observe , that in stead of proving that scandalous persons were wholly cast out of the church , he tells us out of the canonists and schoolemen , that excommunicate persons were wholly cast out of the church , that is , that those who were cast out of the church , were cast out of the church . and for his antiquity , he hath given here no small wound to the reputation of his skill in antiquities . which will more fully appear chap. . meane while , how can any that hath read tertullian or cyprian , not know , that some failings and falls in time of persecution , and other smaller offences , were not punished by excommunication , but by suspension from the sacrament , till after publike declaration of repentance and confession of the offence , the offender was admitted to the sacrament . and for the places he citeth , i find in tertullians book de poenitentia much of that exomologesis and publike declaration of repentance , but that all scandalous persons brought under church-censures were wholly cast out of the church , i find not ; in the chapter of his apologetick there is no such thing as is alledged , but the contrary plainly intimated , e concerning severall degrees of ecclesiasticall discipline , and that if any mans offence was so great , as to deserve excommunication , then he was excommunicate and wholly cast out of the church . and as in the antient churches there were , and in the reformed churches there now are different degrees of censures , according to the different degrees of offences : so in the jewish church the like may be observed , both concerning ceremoniall uncleannesse , and morall offences . touching the former , that law num. . . command the children of israel that they put out of the camp every leper , and every one that hath an issue , and whosoever is desiled by the dead , hath been understood by the jewish doctors respectivè , that is , that the , leper was put out of all the three camps , the camp of israel the camp of the levites , and the camp of divine majesty which was the tabernacle : he that had an issue might be in the camp of israel , but was put out of the other two . he that was defiled by the dead , was onely restrained from the camp of divine majesty , for which also see before book . . ch●…p . . and touching morall offences , there were severall steps and degrees in the jewish excommunication , as f master selden hath observed from the talmudists : for first a man was separate from the congregation for dayes , and if thereafter he was found obstinate , he was separate for other dayes , and if after dayes he did not repent , then they passed from the lesser excommunication to the greater , that is from niddui and shammatha ( as he thinketh ) to cherem or anathema . the author of the quaeries , while he argueth in that first quaere against the suspending from the sacrament of a person not excommunicated nor wholl● cast out of the church , closeth in this particular with them of the separation ( which i beleeve he did it not intend to doe ; ) for they in one of their letters in answer to the second letter of fr. junius written to them , where they bring eleven exceptions against the dutch churches , one of these exceptions was that they use a new censure of suspension , which christ hath not appointed . they doe hold excommunication to be an ordinance of christ , but doe reject the distinction of suspension and excommunication , as master prynne doth . tenthly , the true state of the present question is not , whether the parliament should establish the power of suspending scandalous persons from the sacrament , as iure divino , ( nay , let divines assert that , and satisfie peoples consciences in it : but let the parliament speak in an authoritative and legislative way , in adding their civill sanction . ) nor , whether there ought to be any suspension from the sacrament of scandalous persons , not yet excommunicated and cast out of the church ; and that the elder-ship should doe it ; for the ordinance of parliament hath so farre satisfied the desires of the reverend assembly and of the generality of godly people , that there is to be a suspension of scandalous persons ( not excommunicated ) from the sacrament , and power is granted to the eldership to suspend from the sacrament for such scandals as are enumerate in the ordinances of octob. . . and march. . . which ordinances doe appoint that all persons or any person that shall commit such or such an offence , shall be by the eldership suspended from the sacrament , upon confession of the party , or upon the testimony of two credible witnesses . so that in truth the stream of master prynnes exceptions runneth against that which is agreed and resolved upon in parliament : and his arguments ( if they prove any thing ) must necessarily conclude against that power already granted by parliament to elder-ships . and now if he will speak to that point which is in present publike agitation , he must lay aside his querees and his vindication thereof , and write another book to prove that the assembly and other godly ministers and people ought to rest satisfied ( in point of conscience ) with the power granted to elderships to suspend from the sacrament in the enumerate cases , and that there is not the like reason to keep off scandalous persons from the sacrament for other scandalls beside these enumerate in the ordinance of parliament . nay , and he must confine himself within a nearower circle , then so ; for the parliament hath been pleased to think of some course for new emergent cases , that the door may not be shut for the future upon the remonstrances of elderships concerning cases not expressed . i know the gentleman is free to choose his own theme to treat of , and he may handle what cases of conscience he shall think fit for the churches edification . but since he professeth in the conclusion of his foure questions and in the preface before his vindication , and in divers other passages , that his scope is to expedite a regular settlement of church discipline , without such a power of suspending the scandalous , as is now desired to be setled in the new elderships , and manifestly reflecteth upon one of the assemblies petitions concerning that businesse , as hath been said ; yea the first words of his queres tell us , he spoke to the point in present publike agitation , the case standing thus ; i must put him in mind ( under favour ) that he hath not been a little out of the way , nor a little wide from the mark . and if the question were which of these tenents ( master prynnes or ours , ) concerning suspension , doth best agree with the mind of the parliament , let us heare their own ordinance dated march . . the words are these : yet were the fundamentalls and substantiall parts of that government long since setled in persons by and over whom it was to be exercised , and the nature , extent , and respective subordination of their power was limitted and defined ; onely concerning the administration of the sacrament of the lords supper , how all such persons as were guilty of notorious and scandalous offences might be suspended from it , some difficulty arising , not so much in the matter it self , as in the manner , how it should be done , and who should be the judges of the offence : the lords and commons having it alwayes in their purpose and intention , and it being accordingly declared and resolved by them that all sorts of notorious scandalous offenders should be suspended from the sacrament , which is the very point so much opposed by master prynne ; for the controversie moved by him is not so much concerning the manner , or who should be the judges , as concerning the matter it selfe : he contending that all sorts of notorious scandalous offenders should not be suspended from the sacrament , but onely such as are excommunicated and excluded from the hearing of the word , prayer , and all other publique ordinances . having now removed so many mistakes of the true state of the question : that which is in controversie is plainly this ; whether according to the word of god there ought to be in the elderships of churches a spirituall power and authority , by which they that are called brethren , that is , church members , or officers , for the publique scandall of a prophane life , or of pernicious doctrine , or for a private offence obstinately continued in after admonitions , and so growing to a publique scandall , are upon proofe of such scandall to be suspended from the lords table untill signes of repentance appeare in them ; and if they continue contumacious , are in the name of jesus christ to be excommunicate and cut off from all membership and communion with the church , and their sinnes pronounced to be bound on earth , and by consequence in heaven , untill by true and sincere repentance they turne to god , and by the declaration of such repentance be reconciled unto the church . the affirmative is the received doctrine of the reformed churches , whereunto i adhere . the first part of it concerning suspension , is utterly denyed by m r prynne , which breaketh the concatenation and order of church discipline held forth in the question now stated . whether he denieth also excommunication by elderships to be an ordinance and institution of christ , and onely holdeth it to be lawfull and warrantable by the word of god , i am not certaine . if he do , then he holds the totall negative of this present question . however i am sure he hath gone about to take away some of the principall scripturall foundations and pillars upon which excommunication is builded . * as touching the gradation and order in the question as now stated , it is meant positively and exclusively , that such a gradation not onely may but ought to be observed ordinarily ( which m r prynne denieth ) although i deny not tha● for some publique enormous , haynous abominations , there may be ( without such degrees of proceeding ) a present cutting off by excommunication . but this belongs not to the present controversie . chap. ii. whether matth. . , , . prove excommunication . the second point of difference is concerning matth. . m r prynne in the first of his foure questions told us that the words matth. . . let him be to thee as an heathen man and a publican , are meant onely of personall private trespasses between man and man , not publique scandalous sinnes against the congregation : and that t is not said , let him be to the whole church , but let him be to thee , &c. this i did in my sermon retort . for if to thee , for a personall private trespasse ; much more to the whole church , for a publique scandalous sinne , whereby he trespasseth against the whole congregation . yea , it followeth upon his interpretation , that he may account the whole church as heathens and publicans , if all the members of the church doe him a personall injury , whereupon i left this to be considered by every man of understanding , whether if a private man may account the whole church as heathens and publicans for a personall injury done to himselfe alone , it will not follow that much more the whole church may account a man as a heathen and publican , for a publique scandalous sinne against the whole church . m r prynne in his vindication , pag. . glanceth at this objection , but he takes notice onely of the halfe of it , and he is so farre from turning off my retortion , that he confirmeth it ; for pag. . he confesseth that every christian hath free power by gods word to esteeme not onely a particular brother , but all the members of a congregation , as heathens and publicans , if he or they continue impenitent in the case of private injuries , after admonition . now my exception against his quere remains unanswered . if i may esteem the whole church as heathens and publicans , when they doe me an injury and continue impenitent therein : may not the whole church esteem me as an heathen man and a publican , when i commit a publique and scandalous trespasse against the whole church , and continues impenitent therein ? shall a private man have power to cast off the whole church as heathens and publicans ? and shall not the whole church have power to cast off one man as an heathen and publican ? i know he understands those words , let him be to thee as a heathen man and a publican , in another sence then either the reformed churches doe , or the ancient churches did , and takes the meaning to be of avoyding fellowship and familiarity with him , before any sentence of excommunication passed against the offender . but however my argument from proportion will hold . if civill fellowship must be refused , because of obstinacy in a civill injury , why shall not spirituall or church-fellowship be refused to him that hath committed a spirituall injury or trespasse against the church ? if private fellowship ought to be denied unto him that will not repent of a private injury , why shall not publique fellowship in eating and drinking with the church at the lords table be denied unto him that will not repent of a publique scandall given to the congregation ? are the rules of church fellowship looser and wider than the rules of civill fellowship ? or are they straiter ? is the way of communion of saints broader than the way of civill communion ? or is it narrower ? peradventure he will say , that the whole church , that is , all the members of the church , have power to withdraw from an obstinate scandalous brother , that is , to have no fraternall converse or private christian fellowship with him . well then : if thus farre he be as a heathen and a publican to the whole church distributively , how shall he be as a christian brother to the whole church collectively ; if all the members of the church severally withdraw fellowship from him even before he be excommunicated , how shall the whole church together be bound to keepe fellowship with him till he be excommunicated ? instead of loosing such knots , m r prynne undertakes to prove another thing , that this text of matthew is not meane of excommunication or church censures , and that the church in this text was not any ecclesiasticall consistory ( here he citeth iosephus , as if he had spoken of that text ) but onely the sanhedrin or court of civill justice . but though all this were true which he saith , yet there may be a good argument drawn by necessary consequence from this text to prove excommunication . which grotius did well perceive : for in his annotations upon the place , after he hath told his opinion that excommunication is not meant in this text , he addeth , that he hath elsewhere spoken of the antiquity and necessity of excommunication : quanquam ad eam ex hoc etiam loco non absurde argumentum duci p●…sse , non negaverim : though i will not deny , saith he , that even from this place , the argument may be drawn to excommunication without any absurdity . my argument afore-mentioned will hold good even from master prynnes owne exposition . thus farre i have gone upon a consession : now to the confutation . before i come to his reasons , i observe in his margent a double mistake of the testimony of scapula . first , he sends us to scapula to learn that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth any civill assembly or councell , as well as an ecclesiasticall presbytery . yes : scapula tels us , it hath in heathen writers a generall signification , to expresse any assembly called forth . but he addeth immediately , that in the writing of christians it signifieth the assembly of such as are called to eternall life and doe professe christian religion . since therefore it hath not the same signification in heathen writings , and in the new testament , he should have shewed us where the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the new testament doth signifie a civill court of justice . i hope the holy ghost did speake so in this place as he might be understood , and to take the word church here , in that sence which it hath nowhere else in the new testament , doth not agree with that received maxime , that scripture is to be expounded by scripture . i finde indeed the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used for a civill assembly , acts . , . but as that is an heathen assembly , so it is not the evangelist luke his expression otherwise then recitative : that is , he mentioneth an heathen assembly under that name by which heathens themselves called it . his other mistake of scapula , is , the citing of him for that assertion , that the church in this text is not an ecclesiasticall con sistory . whereas scapula doth expound the church matth. . to be meant of the presbytery or colledge of elders , ( as g stephani thesaurus doth also ) and having told that the word signifieth the whole christian church : also particular congregations : he addeth two more restricted significations : sometimes it signifieth a christian family : sometimes the presbytery ; for this last he citeth matth. . now i proceed to m r prynnes reasons . first , saith he , this text speakes not at all of any publique scandalous sinne against the church or congregation , the proper object of church censures , but onely of private civill trespasses between man and man , as is evident by the words , if thy brother trespasse against thee , goe and tell him his fault between him and thee , &c. answ. we have ever understood that place of such trespasses , which grow publique afterwards by the offenders obstinacy after admonition . yet the trespasse here meant , may be often such as even at first is scandalous to more then one . such a case falleth under christs rule here , and is not excluded . wherein observe durand upon the fourth book of the master of sentences dist. . quest. . but if , saith he , the sinne be not altogether secret , nor altogether knowne , that is , such as is known to many by whom he may be convict , or be is ill reported of among grave persons , though the publique fame be not against him , so the procedor which christ hath set us in the gospell , seemeth to have place , to wit , that first he may be secretly admonished , concerning his amendment ; which if it profit not , that he may be admonished concerning his amendment before those who know the fact ; but if that also doe not profit , that then he may be declared to the church . but if we should grant that no other trespasse is meant here , but a private trespasse , yet i aske , is there no private trespasse but that which is civill ? the schoolmen writing de scandalo will tell him that one brother trespasseth against another when he scandalizeth him by any sinfull example , though without any civill injury . nay it s the greatest trespasse which is committed against the soule of our neighbour : scandall is soule murther . it is a breach of the law of love , not onely by omission , but by commission . he that is commanded to edifie his brother , and then giveth scandall to him , doth he not trespasse against his brother ? the like answer i return to that which he addeth , that luke relating the same thing without any dic ecclesiae , luk. . , puts it out of question , if compared with gen. . . ( there is no such scripture ) sam. . . what ? out of question . doth he not find scandalous sins in the two verses immediately preceding in luke , and thereupon it s immediatly added , take heed to your selves , if thy brother trespasse against thee , rebuke him , and if he repent , forgive him . can not a christian rebuke his brother who scandalizeth him , and if he repent forgive him ? luke needed not adde dic ecclesiae , because he speaks of a repenting brother , not of an impenitent brother , after private admonition . and that scandalous trespasses are understood matth. . . ( as augustine , tostatus , and many others have observed ) may thus appeare . . scandals are the greatest and worst trespasses , as hath been said , and woe unto the world because of offences . surely jesus christ did intend to provide a remedy against the greatest evils , rather than against the lesser . . christ would not be judge of civill injuries , luke . . how can it be then supposed that he giveth here lawes concerning civill rather then spirituall injuries ? . christ saith , if be shall heare ( not repaire ) thee , thou hast gained ( not thy goods or thy good name , or the like , but ) thy brother . intimating , that it s not a mans owne interest , but the rescuing of his brothers soule from sinne and scandall , which is here sought . m r prynne himselfe confirmeth it not a little , for he takes the meaning to be of avoyding a brothers company , in the case of a civill or private injury , if he continue impenitent after admonition . now what if he that hath done the injury make full reparation , and all reall satisfaction to the brother injured , and yet continue impenient shewing no symptome at all of repentance , must he not by m r prynnes exposition be esteemed as an heathen man and a publican , because of his visible and scandalous impenitency ? how often hath it been seen that a man was compelled by law , or perswaded by friends to make a reall restitution and full satisfaction for a civill or personall injury ; and yet hath given very great scandall by his impenitency , not so much as confessing , but still defending and justifying his sinfull act , in his discourses ? . the dependency upon the preceding parts of that chapter confirmeth it : from the beginning of the chapter to this very text , vers . . christ hath been upon the doctrine of scandals , warning us not to offend so much as one of his little ones , which he presseth by divers arguments . . the erastians and we doe both agree in this , that christ here hath a respect to the jewish government . now the trespasses for which men were excommunicate by the jewish sanhedrin were scandalous trespasses , such as the despising of any of the precepts of the law of moses , or statutes of the scribes : the doing of servile worke upon easter eve : the mentioning of the name of god rashly , or by a vaine oath : the inducing of others to prophane the name of god , or to eate holy things without the holy place ; and the like ; more of this elsewhere , in the causes of the jewish excommunication . . m r prynne expoundeth this text in matthew by cor. . , , , . but there the apostle intends the purging of the church from scandals , whether those scandals have any private injury in them or not . instance in idolatry and drunkennesse , there mentioned . . i can also ( without yeelding the least advantage to the erastian cause ) admit and suppose that which is so much pressed both by erastus , m r prynne , and others , viz. that these words , if thy brother trespasse against thee , are spoken of a personall injury between man and man , though i doe not grant the thing , yet i am content , even upon their own supposition , to argue from this text. and first , it may be answered with aegi dius de coninck . de actib . supernat . disp. . dub. . that christ doth not speake of the case of personall injuries , as if he meant to restrict unto such cases the order of proceeding for gaining of the offenders soule from sinne ; h but onely for examples sake he brought such kind of sinne , of which it might have been most doubted , whether in the reproofe thereof this order be to be kept , and in which it can be most hardly observed , in respect of the innate desire of revenge in many . . let our opposites themselves say , whether we ought not in conscience and duty , endeavour the gaining of an offending brothers soule , when we see him commit a trespasse against god , which is no personall injury to our selves , as well as when the trespasse is a personall injury . . as this order of proceeding here prescribed by christ , is ( in the case of a personall injury ) the greatest triall of christian love in the person offended , so it may ( by gods blessing ) be the stronger and more efficacious upon the person offending , to conquer and overcome his spirit , while he that might prosecute him in a legall and criminall way , commeth in meeknesse and love to admonish him , and to endeavour the gaining of him from sin by repentance . which is the observation of chrysostome upon the place , for if he that might demand punishment upon him , even that man be seen to be taking care of his salvation , this most of all other things is able to make him ashamed , and to yeeld . . if it be a civill and personall injury matterially , yet it comes not in here under that formall consideration , but partly as a scandall to him that hath received the injury ( so that chrysostome doth rightly make this text to hang together with that which was said before in the same chapter concerning scandals ) partly as a soul-destroying sinne upon him that doth the wrong , which doth endanger his salvation : and if under such a notion private injuries be here spoken of , then what have our opposites gained ? . the scope also is not civill but wholly spirituall ; which chrysostome doth very well explaine . hom. . in matth. what is it , if he shall heare thee ? if he shall be perswaded to condemne himselfe of sinne . thou hast gained thy brother , he saith not thou bast a sufficient punishment or satisfaction , but thou hast gained thy brother . and after , he saith not accuse , nor censure , nor demand punishments , but convince , saith he . the context confirmeth it ; for these words are added immediately after the parable of bringing home the lost sheep . which parable we have also luke . ( where it is not applied to the reducing of such as have done private injuries , but of publicans and sinners who were publiquely scandalous : this i thought good to note by the way ) ammonius alexandrinus de quatuor evang. consonantia , cap. , . doth together with the parable of the lost sheep , adde also the other two , of the lost penny , and the lost sonne , immediately before these words , if thy brother trespasse against thee &c. . and suppose that the businesse hath its rise and beginning from a personall injury , verse . yet the trespasse for which the man is to be held as a heathen and publican , is a publique scandalous sinne against the church or congregation , namely his neglecting to heare the church vers . . for it is not his first trespasse , but his contumacy against the church , which by this text is to make him esteemed as an heathen and a publican . before i leave this point , i will answer the chief argument by which eràstus would prove that this text is meant only of private civill injuries : because ( saith he ) the trespasse here spoken of is no other then what one brother may forgive to another . i answer , both he and master prynne doe suppose this text mat. , , . to be parallell to that in luk. . . . which they take for granted , without proof or reason . certainly there is a great difference between the purpose and scope of the one place and of the other . it will be replyed that even in this very chapter matth. . the next thing which follows vers . . is concerning personall injuries which one brother can and ought to forgive to another . then came peter to him and said , lord how oft shall my brother sinne against me , and i forgive him ? &c. to that i answer . . we cannot gather from the text that peter did propound this question immediately after or upon occasion of that which went before vers . , , , &c. where nothing is spoken of one brothers forgiving another . we read luk. . . then came to him his mother and his brethren , &c. yet the meaning is not that his mother and his brethren came to him immediately after his speaking of the words before mentioned by luke in that place ; for that it was not after these , but after other words , is plain from the harmony of the other evangelists matthew and mark. so here these words then came peter , may very well relate to a new businesse and to another time . . or if it was the same time , it might be said , then came peter , that is , peter being absent , and not having heard that which christ had been before speaking , he came immediatly after , & did propound a new question . . suppose also that peter was present and heard all which had been before spoken , yet it is much doubted among interpreters , whence peter had the rise and occasion of that question . some think it was upon his calling to minde those words in the rule of prayer , even as we forgive those who trespasse against us . others conceive the occasion of his question was that which was said vers . . againe i say unto you if two of you shall agree on earth , supposing that agreement ( and consequently forgiving of injuries ) is necessary to make our prayers the more effectuall ; for my part , i think it not improbable that whatever the occasion of the question was , vers . beginneth a new and distinct purpose . which i take to be the reason why the arabik here makes an intercision , and beginneth the eight and fiftieth section of matthew at those words , then came peter and said , lord how oft , &c. . and if vers . . have a dependence upon that which went before , it may be conceived thus : christ had said , if thy brother trespasse against thee , goe & tell him his fault betweene thee and him alone , which supposeth a continuance of the former christian fellowship and fraternall familiarity , and that we must not cast off a scandalous brother as lost , or as an enemy , but admonish him as a brother . this might give occasion to peter to aske , lord how oft shall my brother sinne against me , that is , scandalize me by his sinne against god , ( for even in luk. . . . that of forgiving one that trespasseth against us , is added immediately after a doctrine of scandals ; ) and i forgive him , that is , as grotius expounds it , restore him to the former degree of friendship and intimate familiarity , to deale with him thus as with a brother ; which he well distinguisheth from that other forgiving which is a not revenging . and so much of master prynnes first reason . his second reason is because the mention of two or three witnesses vers . . relateth onely to the manner of trying civill capitall crimes ( as murders and the like ) before the civill magistrates of the jewes , &c. not to any proceedings in ecclesiasticall causes , in their ecclesiasticall consistories , of which we find no president . answ. . if this hold , then the text must not be expounded indefinitely of civill injuries ( as he did before ) but of civill capitall injuries , whereas erastus takes the meaning to be of smaller offences onely , and not of capitall crimes . . the law concerning two or three witnesses is neither restricted to capitall crimes , nor to civill judicatories . i appeale to the ordinance of parliament dated octo. . . the elder-ship of every congregation shall judge the matter of scandall aforesaid , being not capitall , upon the testmiony of two credible witnesses , at the least . that law therefore of witnesses is alike applicable to all causes and courts ecclesiasticall and civill deut. . . one witnesse shall not rise up against a man for any iniquity , or for any sinne , in any sin that he sinneth : at the mouth of two witnesses or at the mouth of three witnesses shall the matter be established . . and the same law is in the new testament clearly applied to proceedings in ecclesiasticall causes cor. . . & again tim. . . against the elder receive not an accusation but before two or three witnesses , which is not spoken to any civill magistrate , but to timothy and others joyned with him in church government . his third reason doth onely begge what is in question , that by the church is not meant any ecclesiasticall but a civill court of the jewes . he needed not to cite so many places to prove that the jewes had civill courts . if he could but cite one place , to prove that they had no ecclesiasticall courts , this were to the purpose . not that i grant that at this time the jewes had any civill jurisdiction or jewish court of justice ; for after that herod the great did kill hircanus and the sanhedrin , ( in the opinion of many learned men ) the jewes had no more any civill jurisdiction . now herod the great was dead before the time of christs ministery . others think they had some civill jurisdiction a while after hircanus death . how ever he cannot prove , that at this time when christ said tell the church , the jewes had any civill court of justice , which did exercise either criminall or capitall judgements . i have in the first book shewed out of buxtorf , l'empereur , casauhon , and i. coch. ( who prove what they say from the talmudicall writers ) that yeeres before the destruction of the temple ( and so before christ said tell the church ) the court of civill justice at hierusalem did cease . if master prynne make any thing of this glosse of his , he must prove . that there was no ecclesiasticall court among the jewes . ( i have before proved that that councell of the jewes in christs time was an ecclesiasticall court , though he conceives it was meerely civill ) . that a private civill injury might not then , nor may not now , be brought before a civill court , except after severall previous admonitions despised . . that chists rule , tell the church was antiquated and ceased , when a civill court of justice among the jewes ceased . if he say that the same rule continueth for telling the civill magistrate in case the offender prove obstinate after admonition , then i aske . ● . how will he reconcile himself ? for pag. . he saith the church in this text is onely the sanhedrin or court of civill justice among the jewes . . if this text mat. . was applicable to the primitive church after the destruction of ierusalem , and when there was no jewish sanhedrin to goe to , then the pagan magistracy must passe under the name of the church , for they had no other civill court of justice to goe to . one thing i must needs take notice of , that whereas he would prove here that tell the church , is nothing , but , tell the civill court of justice among the jewes , commonly called the councell saith he , or sanhedrin , he doth hereby overthrow all that he hath been building for the jewish sanhedrin at that time , had not power to judge civill , nor criminall , and least of all capitall offences , but onely causes ecclesiasticall : the romans having taken from them their civill government , and left them no government nor jurisdiction except in matters of religion . i hope master prynne will not in this contradict i erastus . and if so , how shall his glosse stand , that this text is to be understood of civill injuries yea , and of these onely , for remedy whereof he conceives that christ sends his disciples to the jewish sanhedrin ? how sweetly doe his tenents agree together ? his fourth reason is , that those words , let him be to thee as an heathen man and a publican , cannot signifie excommunication , because heathen men being never members of the church , could never be excommunicated or cast out of it , being uncapable of such a censure . as for publicans , those of them who were members of the jewish church , though they were execrable to the jewes , by reason of their tax-gatherings and oppressions , yet we never read in scripture , that they were excommunicated or cast out of their synagogues , but contrarily , that they went up into the temple to pray , as well as the pharisees , and were more acceptable to christ himself , &c. so likewise sutlivius ( against beza ) de pres●…yt . cap. . pag. . i answer . by a retortion . master prynne p. . expounds these words , let him be unto thee as an heathen man and a publican , to be meant of avoiding familiar fellowship with the brother that hath committed a civill trespasse , and keeping no more civill company with him . now i argue thus ad hominem . this cannot be the meaning which he gives , because heathens being never admitted into familiar fellowship and company with the jewes ( who might not marry nor familiarly converse with them , as himself proveth pag. . ) could never be cast out of their fellowship and company , being uncapable of any such thing . if our exposition of excommunication must drive us to acknowledge that heathens were formerly members of the jewish church , his exposition of avoiding familiar fellowship , must drive him to acknowledge that formerly the heathens were admitted into familiar fellowship with the jewes . . those words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let him be unto thee , &c. do not look backward but foreward ; neither is the matching and comparing of the scandalous impenitent brother , with an heathen , à priori , but à posteriori , so that no comparison is to be made between the praeterite estate of an offending brother , and the praeterite estate of an heathen man , but between the future estate of an offending obstinate brother , and the present estate of an heathen man. . let him be unto thee as an heathen , is as much as have no communion nor fellowship with him in the holy assemblies nor in the temple ; for heathens were not permitted to come into the temple ezek. . . . act. . . whereupon paul is accused for bringing greeks into the temple and so polluting that holy place act. . . heathens were excluded from atrium israelis , the court of israel , which was without the court of the priests . there was without the court of israel , atrium gentium , the court of the heathen , otherwise called intermurale , because it lay between the temple and the utter wall mentioned ezek. . . into this utmost court or intermurale heathen men were admitted to come and worship there , according to that kings . . . chro. . . they might not onely come into the holy land , but to the holy city , and not onely to the holy city , but to the mountain of the house of the lord , yea , not onely to the mountaine of the temple , but within the utter wall : yet into the court of israel which was properly the first or utter court of the temple , they were forbidden to enter . he that would be further satisfied that these things were so , let him read ioseph . antiq . lib. . cap. . t●…status in . reg. . quaest . . arias montanus de saer . fabric . pag. . azorius instit . moral tom. . lib. chap. . l'empereur annot. in cod middoth cap. . sect. . peradventure you will say , if it was thus , then an excommunicate person being esteemed as an heathen , must not g●t leave to heare the word , nor at all to enter into the places of publike ass●molies where the word was preached . answ. i will not now debate that point . others have debated it with the anabaptists who hold that excommunicate persons ought not be admitted to the hearing of the word . luc. osiand . enchirid. contra anab. c. . quest . . but however it doth not follow upon what i have said , that excommunicate persons must be wholly excluded from hearing of the word . first , because the places of our publike worship have no sacramentall significancy or holinesse as the temple and tabernacle had of old : therefore say the professors of leyden there is not the like reason to exclude excommunicate persons wholly from our temples , as there was excluding them from the temple of ierusalem . . because both christ io. . . and the apostles acts . . did use to preach in solomons porch , ( b ) this porch so called was the great east porch in the intermurale , whether heathens were admitted , and so they did hear the word , though they had no leave to come into the court of israel , there to have fellowship with or to be esteemed and reputed among the people of god. yea , as master selden tells us de jure nat . & gent. lib. . cap. . some understand by solomons porch act . . . & . . the very court of the gentiles , into which they came to worship , which gentiles were not withstanding forbidden by a superscription under paine of death to enter into the court of israel , or into that which iosephus calls the second temple . iosephus doth also make mention of foure porches of the temple ; into the utmost of which ( & this is certainly meant of solomons porch ) it was lawful for heathens to come . contra appron . l. . . for the other part , let him be unto thee as a publican , if the meaning were no more but this avoid all fellowship and familiarity with him , it doth not hurt our exposition : exclusion from the temple being clearly signified by his being as an heathen : and avoiding of fellowship with him being in the most emphaticall manner further expressed by his being as a publicans both these put together do the more fully hold forth excommunication . and in this sence some resolve the words . . yet let us see how master prynne proves that the publicans were admitted into the temple or synagogues . he tells us that christ received them or conversed with them , as if the meaning had been to compare an impenitent brother with penitent publicans , luk. . . who drew neer to christ to heare him luk. . . who left all and followed christ to be among his disciples matth. . . luk. . , . mark. . . who justified god luk. . . who knew themselves to be sick of soule-diseases matth. . , . these very places cited by himself make against him . however the question is how publicans were esteemed of in the jewish church ( for that is the thing pointed at in those words , let him be unto thee as a publican ) for that , he objecteth that publicans went up into the temple to pray . if he meane that publicans who were neither devout jewes nor proselytes , went up into the temple to pray , had accesse to and fellowship in the sacrifices and temple worship , as well as the jewes themselves , it s more than he can prove . if he mean that publicans who were jewes or proselytes , went up into the temple to pray , it helpeth him not , except he can prove that when christ saith , let him be unto thee as an heathen man and a publican , the meaning is of such a publican as was a devout jew or proselyte . and if so , then he had to prove that the jewes did not keep civill company or fellowship , so much as with the religious publicans with whom they went together to the temple to pray and worship . this also he hath to prove , not that religious publicans ( of whom christ means not ) but that impious infamous publicans came to the temple . . that passage luke . . concerning the publicans goe ing up to the temple to pray ; first , it is expressely declared to be a parable vers. . and therefore can not prove the reality of the thing according to the letter , no more than an audible conference between abraham and the rich man in hell can be proved from luke . . to the end of the chapter , ( though i believe that be a history related parabolically , as v●…ssius proveth in his theses : ) farre lesse can a parable properly so called prove an historicall narration . the meaning may be no other but this , that if such a publican and such a pharisee should goe up to the temple to pray , then the one should depart justified , and the other not . . i can also grant without any prejudice to the businesse of excommunication that the publican , yea an execrable publican did goe up to the temple to pray . for an excommunicate person among the jewes ( as many thinke ) so long as there was hope of his repentance , had leave to come into the utter court of the temple , yet so that they came in at the gate of the mourners , and excommunicate persons were known by all that saw them , to be excommunicate persons . more of this booke . cap. . . this very text luke . helpes us . for t is said vers. . the publican stood afarre off , that is , ( in the opinion of diodati ) in some remote part of the first court of the temple , kings . . it is very probable ( whereof see book . chap. . that the intermurale or atrium gentium is meant , which sometime hath the name of the temple . to the publicans standing afarre off is opposed the pharisees standing by himselfe , vers. . where i construct 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as camero doth : so camerarius and beza following the syriack and some old greek copies : he stood apart by himselfe , the very custome making it so , that the publican should not come neere him , but stand in atrio gentium . . the reason why publicans are named as hatefull and execrable persons , was not for civill respects , nor because publicans , ( for the jewes themselves did not refuse to keep company with good and just publicans , as i shall prove afterwards : ) particularly , it was not for their tax-gathering ( a particular mentioned by m r prynne , it seems to strengthen his exposition of civill injuries ) but for divers scandalous sinnes and abominable prophanesse , therefore publicans and sinners , publicans and harlots , publicans and gluttons , and wine-bibbers are almost synonyma's in the gospell , matth. . . & . . & . . murke . . luke . . and publicans are named as the worst of men , matth. . , . the most of them being so reputed . from all this which hath been said in answer to his fourth reason it appeareth that let him be to thee as an heathen and a publican , is more than he would make it , keepe not any familar company , or have no civill fellowship with him . and whereas page . he saith that paul expresly interprets it so , cor. . , , . thess . . ephes. . . rom. . . i answer out of himselfe , in that same place , and pag. . let him be to thee as an heathen , &c. is a phrase never used elsewhere in scripture . how then , saith he , that paul doth expresly interpret it ? paul commandeth to withdraw fellowship , ( and that for any scandalous sin in a church-member , although it be no private injury to us , as the places quoted by himselfe make it manifest ) therefore paul doth expresly interpret that phrase mat. . to be meant of withdrawing civill fellowship only . what consequence is there here ? i come to his fifth and last reason , the words runue only , let him be to thee as an heathen man and a publican , not to the whole church . answ. . this is the very thing he said in his first quaere , which is answered before . i shall onely adde here another answer out of l erastus , who argueth thus : one brother should forgive another seventy times in a day , if the offending brother doe so oft turn againe and crave pardon : therefore so should the church doe to a sinner that craveth pardon , even as often as he doth crave pardon . for ( saith he ) there can be no just reason given wherefore the whole church ought not to doe herein , what church members ought to doe severally . if this be a good argument when christ saith , if thy brother repent , forgive him , luke . . ( by which place m r prynne expoundeth matth. . . ) will it not be as good an argument , let him be to thee as an heathen and a publican , therefore let him be such to the whole church , when the whole church is offended by his obstinacy and impenitency ? . those words , let him be to thee , cannot be restrictive . it must be at least extended to all such as are commanded to rebuke their brother , and if he continue obstinate to tell the church . now the commandement for rebuking our brother that fals into a scandalous sinne , is not restricted to him that is personally or particularly wronged , but it is a common law of spirituall love , levit. . . yea , saith m r hildersham , lect . . on psal. . every man hath received ●… commandement from christ , to inform●… the governours of the church of such a brother as cannot otherwise be reformed , matth. . . tell the church . if it belong to every church member to reprove a scandalous sinne which his brother committeth in his ●ight or hearing , or to his knowledge , and if he repent not , to tell the church , then it also belongs to every church member to esteeme him as an heathen man and a publican , if he heare not the church . . the next words , whatsoever ye shall bind on earth shall be bound in hraven , being spoken to the apo les , and in them to other mini●ers of jesus christ , doe expound the former words let him be unto thee , &c. to be meant not of private withdrawing of fellowship , but of a publique church censure . . the reason why chri● will have such an offender to be esteemed as an heathen man and a publican , is not the offence and fault first committed , but his obstinacy and contumacy in that offence , and his neglecting to heare the church . so that suppose the offence had been a private or personall injury ; yet that for which thē offender is to be esteemed as an heathen and a publican , toucheth the whole church , and is a generall scandall to them all , namely his contumacy and not hearing the church . how can it then be imagined , that christ would onely have one church member to esteem a man as an heathen and a publican , for that which is a common generall scandall to the whole church ? m munsterus in his annotations upon matth. . doth better hit the meaning , that the offender is to be esteemed as an heathen man and a publiean , by those who did before admonish him but were despised , that is , by the church , whose admonitions being despised , they ought to cast out him who had despised them . . and how can it be supposed , that christ would have one and the same person to be as a heathen man and a publican to one member of the church , and yet not to be as ● heathen man and a publican , but as a brother received in fellowship by the whole church ? sure this were a repugnancy between the judgement of the whole church , and the judgement of one member of the church : and two things which are repugnant can not be both of them agreeable to the will of christ. chap. iii. a further demonstration that these words , let him be to thee as an heathen man and a publican , are not meant of avoyding civill , but religious or church-fellowship . i hope i have already made it to appeare that to draw excommunication from matth. . is not to extract water out of flint , as m r prynne supposeth : but that it commeth as liquidè from the text , as water out of the fountaine . wherein i am the more confirmed , because m r prynnes exposition of these words , let him be to thee as an heathen man and a publican , can not stand , for he takes the sence to be no more but this , keepe not any civill fellowship or company with such a one . now that this can not be our saviours meaning , i prove thus . . if a private man shall thus at his owne hand withdraw and separate from an offending brother , as from an heathen man and a publican , n what order , peace , or good government can there be either in church or state ? and all the odium cast upon excommunication ( as contrary to the spirituall priviledges of christians ) will fall more heavy upon his owne way , which brings any man ( be he prince , parliament-man , pastor , or whoever he be ) under so much slavery to the lust of any private person , that he may be by that person ( and by ten thousand persons more , in case of so many civill injuries , not amended after complaint to the magistrate ) esteemed , avoyded , and abhorred , as an heathen man and a publican . so that in the issue it may fall out , that any man how eminent or deserving soever he be in church or state , may be looked upon as a heathen and a publican by ten thousand of the people , before ever he be so judged by any judicature . for instance , put case that a minister be judicially convict to have wronged his parishioners in the matter of small tythes , and they conceive him to persevere in the same injury , must or may each of them flee from him as from an heathen and a publican ? put case a whole company thinke themselves wronged in pay or otherwise by their captaine , or a whole regiment by their colonell , and after complaint made finde themselves not repaired , are they therefore free to avoyd all civill company with the captaine or colonell , and to flee from them as from heathens and publicans ? and what if both the lord major of london and many godly ministers who have eate at his table , should accuse mr. prynne of a calumny , because of that passage in his booke , pag. . where he saith of anabaptists , separatists , independents , presbyters or divines , neither of which make any conscience of not repairing to the lord majors , or any other publique city feast , where they are sure of good fare , because they were certaine there to meet and eate with some covetous or other scandalous persons , with whom st. paul probibtes them , no not to eate ? if , i say , the lord major should accuse m r prynne for slandering him and his house with the company of scandalous persons : and if many godly conscientious ministers should accuse him for aspersing them , as having more love to good fare , then conscience of avoyding to eate with scandalous persons : and if after sentence past against m r prynne he should still continue impenitent and not confesse his fault in this particular ? will he allow the lord major , and all the godly ministers who have eaten at the lord majors table to avoyd m r prynne as an heathen and a publican ? let hm take heed whether his principles will lead him . . m r prynne saith pag. . that let him be to thee as an heathen and a publican , is interpreted by cor. . , , . thess. . . and elsewhere by paul. now that place of the corinthians which he citeth , is meant of excommunication , as shall be proved in due time . and vers . . ( cited by himselfe ) makes it plaine , that a judiciall act , not a private mans withdrawing onely , is meant ; for that verse speaks twice of judging , an apostolicall judgeing , and an ecclesiasticall judging . and the best interpreters expound thess. . . of church censures . it s not the case of private civill injucies which the apostle there speaks of , but the case of publique scandall , if any man be disobedient to the apostolicall epistle , note that man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , put a marke upon him , that is , let him be publiquely censured , let him be separated from you , saith the syriak , and then have no company with him , and all this that he may be ashamed , which must needs be by some publique censure or blacke mark put upon him . . let him be to thee as an heathen ; if it be meant of keeping no civil company , he must shew us that the jews of old were and christians under the new testament are forbidden to keepe civill company with heathens and those that are without the church . he goeth about to prove that the phrase is taken from the practice of the jewes in that age , pag. . but how doth he prove it ? he citeth some places to prove that the israelites might not marry with the canaanites , but he doth not prove that they might not keep civill company with any of the heathens . there was no such favour nor fellowship permitted between the israelites and the canaanites , as between the israelites and other gentiles who came among them from other lands , as tostatus noteth in matth. . quaest . . the reason was because god had destinat the canaanites to utter destruction , and that the whole land of canaan should be given to the children of israel . onely some few by speciall dispensation were spared as the gibeonites because ioshua and the princes had sworne unto them , and rahab with her kindred because she saved the spies . but such extraordinary cases excepted , the israelites ought not to permit any of the canaanites to live , nor receive them though they had been willing to be circumcised as tostatus there thinketh . however that great distance and alienation in point of fellowship between the israelites and the canaanites , was not qua heathens , but qua canaanites , otherwise the children of israel had been obliged to root out other nations as well as the canaanites . yea the law puts an expresse difference between the nations , in so much that some of them were not to be abominate , though others were , deut. . . thou shalt not abhorre an edomite , for he is thy brother : thou shalt not abhorre an egyptian , because thou wast a stranger in his land. the very canaanites themselves were by the law , deut. . , . to have so much favour as an offer of peace , which if any of their cities had accepted , that city was not to be cut off , but the people thereof were to be tributaries , and to serve israel , and so permitted to live among them . the last of his citations maketh very much against him , namely , acts . , . where the jewes of asia doe accuse paul for bringing greekes into the temple . for they had seen before with him in the city trophimus an ephesian , whom they supposed that paul had brought into the temple . marke here paul is not challenged for conversing familiarly with a greeke , but onely for bringing him into the temple ; and without all doubt the malice of his adversaries did catch at every advantage which they could have against him . i cannot but admire how m. prynne could cite this place to prove that the jewes might not converse nor keepe civill company with the heathens , since it proveth the very contrary , that the jewes might have civill , but no religious fellowship with heathens . and whereas he addeth that the jewes had no dealing or conversation with the samaritans , joh. . . luke . , . i answer , the reason was because the jewish church had excommnnicated and anathematized for ever the samaritans , who being once circumcised and having received the booke of the law , did afterward hinder the building of the house of the lord. this excommunication of the cuthites or samaritans most solemnly performed you may finde in pirke r. ecclesiae , cap. . more of this elsewhere . here i onely touch it , to shew that this also of the samaritans makes against him . . it is certaine that the jewes had civill company and conversation with heathens . for solomons servants and hirams servants were both together . kings . . chr. . . yea , chr. . , . solomon numbred of strangers or heathens in the land of israel , a hundred fifty and three thousand and six hundred . could there be so many of them and employed also in the building of the temple , and yet no civill company kept with them ? nehemiah in the court of artaxerxes , and daniel with his companions in the court of nebuchadnenar had civill company with heathens , but religious company with them they would have none . we finde the king of edom in fellowship with iehoshaphat and iehoram , kings . and the merchants of tyre were permitted to come into ierusalem , and there to fell all manner of ware unto the children of iuda , onely they were forbidden to doe it upon the sabbath day , nehem. . , , . l'empereur de legibus ebraeorum forensibus pag. , . putteth it out of controversie , that in christs time there were many heathens in the land of canaan with whom the jewes did converse and dwell together ; and that christ found in those places where he preached both jewes and gentiles . istis locis inter istos commorabantur gentiles , qui magistrorum placitis se astringi passi non sunt . and a little after , nec enim israelitas ab alienigenarum urbibus abstinuisse , iosephus indicat . and that long before that time there was a mutuall conversing of jewes and gentiles , i gather from kings . . thou shalt make streets for thee in damascus as my father made in samaria , meaning for trade and commerce . i will here anticipate a great objection which may be made against me , from acts . . ye know that it is an unlawfull thing for a man that is a jew to keepe company or come unto one of another nation . this might seem to make more for m r prynnes exposition , then all the places cited by himselfe . but i answer , for the better understanding of that place , first of all observe what drusius quaest. & resp . lib. . quaest . . tels us out of elias in thesbite : the jewes had an old law against drinking wine with gentiles or heathens , lata videlicet eo tempore quo gentes vinum libabant in sacris , the law was made at that time when the gentiles used a praelibation of wine in their idolatrous solemnities : whereupon the wise men of the jewes fearing lest heathen men should give to jewes that wine which had been dedicated to idols did forbid the jewes to drinke wine with heathens : which ( as other statutes of their wise men ) the jewes did religiosè religiously observe . marke we hence , . it was not a generall received custome among the jewes , in no case to eate or drinke with heathens ; else it had been unnecessary and supervacaneous to forbid the drinking of wine with heathens , exceptio affirmat regulam in non exceptis . . it was for a religious and consciencious reason , propter 〈◊〉 idololatriae , for feare of pertaking with idolatry , and 〈◊〉 〈◊〉 civill respects , that they were forbidden to drinke wine with the gentiles . the same i say of their shunning to eate with them , for the heathens used also a dedicating of their meats to idols , cor. . . secondly , observe peter addeth immediately : but god hath shewed me that i should not call any man common or uncleane : meaning , so as not to keepe company with him because of his gentilisme or uncircumcision , or because of his eating of meats which were uncleane by the ceremoniall law , as ludovicus de dieu doth rightly give the meaning , understanding , not morall , but onely ceremoniall uncleannesse to be there spoken of ; for many men under the gospell are still to be looked upon and avoyded as morally uncleane . but god had taught peter by abrogating the ceremoniall differences of meats in the vision , that the ceremoniall law which was the partition wall between jewes and gentiles , was now to be taken away : so that the gentiles should be no longer called dogs , as matth. . . neither were the disciples to be forbidden any longer to goe into the way of the gentiles , matth. . . henc forth no man should be called holy because of his circumcision , no man uncleane because of his uncircumcision . this being the meaning , it followeth that the unlawfulnesse of eating and companying with an heathen mentioned act. . . must not be so understood , as if bare civill fellowship had been unlawfull ; but it must be understood , first , in reference to the morall law , that is for avoiding the danger of idolatry in eating or drinking that which idolatrous heathens had sacrificed to idolls , as hath been just now cleared . secondly , in reference to the ceremoniall law , or of such fellowship as was contrary to the ceremoniall law , in eating together with heathens of meats legally unclean , such as were represented to peter in the vision , and he commanded to eate what was formerly unclean to him . otherwise when the gentiles did not eat any thing which the jewes were forbidden to eat , it was lawfull for the jewes to eat with the gentiles saith tostatus in . paral. . quest. . so likewise grotius de jure belli ac pacis lib. . cap. . sect. . where he referreth the jewes their not eating with the heathens , to the law of meats or the peculiaris victus which was prescribed to the jewes . but otherwise the law did not make it unlawfull for them to eat with any of another nation : which he thinks is proved by christs own example who took a drink of water from the woman of samaria , being yet most observant of the law. that the unlawfulnesse of eating with the heathens was understood in reference to the ceremoniall law , i prove , from gal. . . . peter having before eaten with the gentiles , to avoid the scandall of some jewes that came from iames , did withdraw and separate himself from the believing gentiles : what ? to keep no more any civill company with them . i hope no man will imagine that . but the text expounds it selfe vers . . if thou being a iew , livest after the manner of the gentiles , and not as doe the iewes , why compellest thou the gentiles to live as doe the iewes ? this was peters fault , that having formerly lived as the gentiles , that is , eating with them all sorts of meats freely , thinking himself liberate from the yoke of the ceremoniall law , afterward he withdrew and separated himself from that manner of fellowship with the centiles , and bound up himselfe to live as doe the jewes , and to observe the distinction of meats according to the law. and in so doing , whiles he avoided the scandall of the jewes , he gave a greater scandall to the gentiles in compelling them by the authority of his example to judaize , and to thinke the ceremoniall law necessary . thirdly , the foresaid place act. . is to be understood of such fellowship as was not meerely civill , but religious and sacred : as may appear , . by the exposition formerly given of these words , god hath shewed me that i should not call any man common or unclean . . by the invitation of the men that were sent from cornelius to peter who did not call him to civill but to sacred fellowship act. . . and they said , cornelius the conturion , a just man and one that feareth god , and of good report among all the nation of the jewes , was warned from god by an holy angell , to send for thee into his house and to heare words of thee . . peter calls in the men and lodgeth them ; that being a civill fellowship , he doth it freely , v. . but when he comes to cornelius and those that were assembled with him , to heare words from peter , here was the case of conscience , and here peter beginneth to apologize v. . ye knew how that it is an unlawfull thing , &c. the syriak hath it thus , ye know that it is not lawfull for a man that is a jew to joyn himself unto a man that is a stranger , who is not a sonne of his generation : as it were intimating a religious and church fellowship . . that which gave offence to them of the circumcision at ierusalem . was , that they heard peter had so gone in to men uncircumcised , that they had also received the word of god from him act. . . . and as soone as they were satisfied in that point , that god had given unto the gentiles repentance unto life vers . . they held their peace , and made no further scruple concerning eating with them . i hope i have sufficiently answered the strongest objection which can be made against that which i did begin to prove , namely , that the jewes might and did keep civill company and fellowship with heathens . which that i may now further consirme , let it be observed with schindlerus in lexic. pentaglo p. . that there were two sorts of proselytes among the jewes . some that were circumcised and received the law of moses ; and such a one was even as a jew , and was called proselytus justitiae or faederis , a righteous or a true proselyte , or a proselyte of the covenant . others , that did onely renounce ldolatry and keep the seven precepts given to the sonnes of noah , not being circumcised nor keeping the law of moses , were permitted to dwell with the jewes , and therefore such a one was called proselytus portae or proselytus incola , a proselyte of the gate , or a proselyte indweller , who dwelt within their gates . see for the same thing l'empereur de legibus ebraeorum forensibus pag. buxtorflexic . rabbin . p. . . grotius de jure belli acpacis lib. . cap. . sect. . henr. vorstius observ . ad chronol . r. ganz . pag. . georgius genzius in annot . ad maimon . canon . ethic. p. . . to the same purpose , master ainsworth annot . in gen. . . and on exod. . . and on levit. . . hath noted out of the hebrew writers : that such of the heathens as did observe the seven precepts given to the sonnes of noah , though they were not circumcised , neither did observe the ordinances of the ceremoniall law , nor were admitted to the holy things of the children of israel , yet they were permitted to cohabit and converse with the people of god in the holy land. and that it was so , may be proved from levit. . . . . ( where the chaldee hath an uncircumcised indweller ) deut. . . yea , such a one might dwell in the priests house lev. . . the jewes receive no proselyte now except one that undertakes to keep the whole law to the least jote , as doctor buxtorf informes us in the place last cited : and so they are a great deale more strict in reference to the gentiles then the antient jewes were . notwithstanding they doe without scruple familiarly converse and keep company with gentiles who keep not the last of the seven precepts which bind ( as they think ) all the sonnes of noah , namely that concerning the not eating of blood . how much more may we suppose that the antient jewes did keep civill company and fellowship with such gentiles as did observe all these seven precepts ? and this comparison the jewes have made between themselves and the gentiles in reference to the law of moses . it is our inheritance , not theirs : as for them , let them observe the seven precepts . exc. gem. sanhedrin . cap. . sect. . so that the jewes were not scandalized at the gentiles their not observing of the whole law of moses , not being circumcised , &c. but at their not keeping of those seven precepts , which were also a part of the law of moses . this to me appeareth to be a chief reason ( if not the reason ) why the synod of the apostles & elders at ierusa . did impose upon the churches of the gentiles no other burthen of jewish rites & ceremonies , but to abstain from blood & things strangled : they did not impose circumcision , nor holy dayes , nor the like : because that which was intended was , to draw together the beleevers of the jewes & the beleevers of the gentiles into a familiar conversation , that they might live together and eat together without scandall : and this could not be , except the beleiving gentiles should observe the seven precepts which were given not onely to the posterity of abraham , but to the posterity of noah ; of which precepts one did forbid the eating of blood gen. . . ( and under that is comprehended also the eating of things strangled ) now there was no doubt of the beleiving gentiles their observing of the other six precepts which the hebrewes say were observed from adam to noah : the first against idolatry , . against blasphemy , . against shedding of blood , . against uncleannesse or unlawfull copulations , . against rapine or robbery , . for executing judgement and inflicting punishment upon malefactors . all the question was of the seventh and last against eating of blood , which the beleiving gentiles ( though they knew it to be older then the ceremoniall law or circumcision it self , and to belong to all the posterity of noah , yet ) knew to be temporary and not perpetuall , and so at the abrogation of the other ceremonies , and propagation of the gospell to the gentiles , thought themselves free from that , as well as other ceremonies . on the other part , it was a principle among the jewes , that they ought not to converse familiarly with any of the gentiles , except such as observe the seven precepts given to the sonnes of noah . wherefore the synod of the apostles and elders thought good that the beleiving gentiles should so farre condescend to the weaknesse of the jewes ( not fully instructed concerning christian liberty , and the abrogation of the old ceremonies ) as to observe for a time that precept against eating blood , as well as the other precepts given to the sonnes of noah ; to the intent that the jewes and gentiles might peaceably and familiarly cohabite and converse together : for though the gentiles did not observe the other ordinances and ceremonies of the jewes : yet observing those seven precepts , they were free to converse familiarly with the jewes . schindlerus in his lexicon pentagl . pag. . land pag. seemeth to have had the same notion ; for he saith the apostles and elders would not impose circumcision and the keeping of the law of moses , but they imposed some things not unlike to the precepts given to the sonnes of noah . i returne to that distinction of the two sorts of proselytes . the one had the name of ger tzedek a proselyte of righteousnesse , and ger berith , a proselyte of the covenant . the other was called ger toschav , a prosclyte indweller and ger schagnar , a proselyte of the gate , qui intra portas , inter judaeos scilicet habitabat , who dwelt within the gates , to wit among the jewes saith matthias martinius in lexic . philol . pag. . this proselyte indweller was not called nor esteemed as one of the jewes , being no church member , nor admitted to any religious or church commnnion with the jewes , but he was still esteemed and reckoned as one of the uncircumcised gentiles . yet the iewes did keep civill company and fellowship with such a one , as with a neighbour and a inhabitant of the same city , or land. and if the jewes had not been free to keep civill company with heathens or infidells , yet christians are expressely allowed to do so . cor. . . if any of them that beleeve not , bid you to a feast , aud ye be disposed to go , whatsoever is set before you , eat , asking no question for conscience sake ; and ch. . . . . the apostle permitteth christians to company and eat with fornicators , covetous , extortioners , or idolaters , who are no church-members , but by no meanes with scandalous brethren . i doe not dispute whether any more liberty of this kind is granted to christians , then peradventure was granted to the jewes . yet i am sure a great measure of the liberty of civill fellowship with heathens was granted to the jewes also . it must needs follow from that which hath been said , that , let him be unto thee as an heathen man and a publican , is not a casting out from mere civill fellowship and company , but from religious and church-fellowship . this agreeth well with that passage in iosephus contra appionem lib. . whoever ( of the gentiles ) are willing to come and live under our law , it doth freely receive them esteeming communion to consist not onely in origination or descent , but also in choyce of life . but as for those ( of the gentiles ) who come occasionally among us , our law doth not admit them into our solemne or sacred assemblies , but it appointeth to communicate unto them all such things as they need , as fire , water meat , also to shew them the way , and to let none of them be unburied . ( so likewise publicans noted for impiety and injustice were permitted to be city members , but not owned for church-members ) grotius de jure belli ac pacis lib. . c. . sect. . holds that it was lawfull for the jewes , not onely to have company and commerce with heathens , but to doe them good and to enter in league and covenant with them , such onely excepted as the law did accurse , namely the seven nations in canaan , the amalekites , ammonites and moabites . he brings among other things the example of the asmonites , who as they were themselves skilled in the law , so with the approbation both of priests and people , they made a covenant with the lacedemonians and romanes : yea publikely prayed for them . learned master selden de jure nat . & gent. lib. . c. doth not onely confirme what hath been said before of the proselyti domicilii , heathens not circumcised nor keeping the law of moses , but observing the seven precepts given to the sonnes of noah , and that such were permitted to dwell together with the children of israel ; but he further tells us out of maimonides that though when the jewish republike did flourish and when they were sui juris , no strangers were permitted to dwell among them except such as did renounce idolatry and keep the seven precepts , yet after the captivity and under the romans , the jewes did allow to themselves a common commerce and civill conversing even with such gentiles , as had not renounced the pagan or idolatrous worship ; & as for such of the gentiles , as the jewes did observe to be good men whom they called ex piis è gentibus mundi , such as cornelius the centurion , to whom the jewes themselves gave a good estimony of these he saith that though they were not formally admitted and received as proselyte indwellers were wont to be ( that formall reception of proselyti domicilii having ceased in those later times ) yet he puts it out of doubt that the jewes were willing that such gentiles should dwell among them . adde hereunto that which gul. vorstius annot . in maimon . de fundam●…legis cap. . sect. . observeth ou● of beth joseph de idololat . and out of aboda zara , that a heathen man was permitted to be phi●tian to a jew , provided that he should not entice him to idolatry : and that a jew also was permitted to be physitian to a gentile , for which purpose they alledged the example of moses who ( as their tradition told them ) did practice medicine in egypt . furthermore when master prynne understands nothing by those words let him be unto thee as an heathen man and a publican , but avoid civill fellowship and keep no familiar company with him , and expounds it also by cor. . . with such a one not to eat ( which he still conceives to be onely meant of avoiding civill fellowship ) and by . io. . receive him not into thy house . he is twice out , both because the jewes did keep civill company with heathens which hath been proved : and also because ( if we beleive the jewish writters concerning the customes of their nation ) the rabbies or wise men among them did not keep familiar fellowship nor civill company with the plebeians of the jewes themselves : they were forbidden to eat and drink with or among the plebeians . maimen de fundam . legis cap. . sect. . neither might they converse in the paths nor come into the houses of the plebeians . ibid. sect. . gul. vorstius in his annot . pag. . addeth a passage in misua that a wise man might neither lodge with a plebeian nor receive a plebeian to lodge with him . neverthelesse a wise man was permitted to converse not onely civilly but frequently with an heathen man , for which see master selden de jure nat . & gent. lib. . cap. . quoniam nihil mali ex gentilium consuetudine viro scientiori im●…inere censebant . so that in master pryn●… sence , all the plebeians of the jewes themselves were as heathens and publicans , or civilly excommunicated by their wise men . wherefore we must needs distinguish a two fold communion or fellowship among the jewes , one civill , another ecclesiasticall ; it was the shutting out from the ecclesiasticall communion of the jewes , which christ alludes to mat. . for beside the distinct notions of the jewish church and the jew state ( of which before ) is. abrabanel de capitc fidei cap. . speaking of certaine fundamentall articles which the jewish church did beleive , saith , they were intended to be articles of judaisme , so that he that should beleive these should be in the communion of israel : and ib. cap. . speaking of an article concerning the coming of the messiah , he moves a doubt about it , because rabbi hillell who denieth it , was not excluded from the communion of the law , for the gema●…a gives him the title of rabbi . when he comes to the solution of this doubt cap. . he cleares rabbi hillell , as not denying that article . but all this intimateth that for heresy there was a shutting out from ecclesiasticall communion : or that an hereticall apostat jew was unto them as an heathen man ; and therefore they were permitted to take usury as from strangers or heathens , so from an apostat jew , quia fratris nomen exuerat saith master selden de jure nat . & gent. lib. c. . in tzemach david edit . hen. uorst . pag. . it is said that the chief of the hereticks were tzadok and baythos , who denying rewards and punishments after this life , exiverunte communione ( vel caetu israelis ) they went out from the ecclesiasticall communion of israel . this is good reason to say of a sonne of israel , if he be a sonne of belial , let him be to thee as an heathen , that is , esteeme him as prophane , and as lost as an heathen ; have no more church communion with him then with an heathen . and by this time i suppose it doth fully appeare to the intelligent reader that some uncircumcised heathens were admitted in to the civill fellowship , and some israelites continued not in the ecclesiasticall fellowship of ihe jewes : which overturneth the whole strength of m r prynnes answer to our argument from matth. but once more , ( for i have thought good to insist the longer upon this point , because much dependeth upon it . ) let him be to thee as an heathen , doth forbid ecclesia●icall communion , not civill company except secondarily & as a consequent of excommunication , & for spirituall respects and ends ( as i shall shew anon ) but it is not meant of abstaining from meere civil company & fellowship : because the jews were permitted to keep civil company and fellowship with heathens , even any civill company which did not encroach upon religion , or had appearance of an ensnarement into idolatry , and in that respect ( as participating of religious fellowship ) became unlawfull . this is the point i have been proving , and which i will yet further prove out of maim mides de idolalotria cap ▪ . that one chapter is sufficient to 〈◊〉 the present question . thus it begins . three daies before the feasts ( or holydaies ) of heathens that worship idols , we are forbidden to buy from them , or to sell unto them any durable thing ; to take or give any thing in lend ; to take or make payment of that which was given in lend upon writ , or pledge ; but what was given in lend upon words onely , it is lawfull to exact ; because this seemeth to be taken out of their hands . it is also lawfull to sell unto them , that which can not last , as green herbs or anything sodden ; and that ever untill their holy day . you see it was lawfull among the jewes to buy and sell , borrow and lend , to make contracts , with heathens , yea with idolatrous heathens ; onely in some ( not in all ) things there was a restraint upon them , and that but three daies before the heathen sestivities . then follows sect. . this hath place in the land of the israelites : but in the other lands , it is not forbidden except upon their holy day . if any man transgresse , by having trade or commerce with them , during that space of three daies , it is lawfull ( though ) to use the ware : but if any man trade with them upon their holyday , the things are forbidden to be used . it is unlawfull also to send a gift to an heathen man upon his holy day : unlesse it be known that 〈◊〉 〈◊〉 n●…t 〈◊〉 the worship of idols , neither ser●…eth them . but if som●… 〈◊〉 m●…n upon his holyday send a gift to an israelite , let him not take it from him , 〈◊〉 it be suspected that h●… will be offended . nevertheless●… he shall not use it , untill it be known that the heathen man doth not worship idols nor esteem them to be gods. observe . that the things mentioned in the first section , though unlawfull to the ●ewes in their own land , three daies before the heath●nish 〈◊〉 , yet they held them not unlawfull in other lands . . they held it lawfll for a jew to send a gift to an heathen man , or to receive a gift from him , so that it were not upon the heathenish festivity . . yea in some cases it was permitted to a jew to send a gift to an heathen man , upon the very heathen festivity , ( to wit , if he knew that heathen man to be no worshipper of idols ) as likewise to receive a gift from him ( though upon the holy day ) for avoyding of offence . sect. . reckoneth among the heathenish festivities a day set apart by them for coronation of a king , or in memory of a mans nativity , deliverance out of danger , or the like . then it is added sect. . but with those idolaters who spend that day in mirth and gladnesse , eating and drinking , and observe that day whether for custome or for the kings honour , neverthelesse hold it not for a holy day , it is lawfull to have commerce and trade . wh●n conversing with heathens did not entrench upon religion , they could doe it without scruple , even upon the heathens good daies or solemnities of joy . then sect. . is israelites dwell among heathens with whom they have made a cov●…nt , it is lawfull to sell armes to the kings servants and to his military forces , &c. it is unlawfull to enter into a town in which idolatry is practiced : it is lawfull to come out of it . but if the idoll be without the town , it is also lawfull to enter in it . if the jewes might dwell among and enter into league and covenant with heathens , yea enter into the townes of idolaters , when the idoll was not in town , then they held it not unlawfull to have any civill company with heathens . it follows sect. . it is lawfull to goe to the markets or faires of heathens , and to buy from them beasts , men-servants , maid-servants , though they be yet heathens : also houses fields , vineyards . also for writing ( contracts ) it is permitted to goe to their judiciall courts . if it be objected that sect. . doth forbid an israelite to come to the banquet of a heathen , which he hath made for his sonne or for his daughter ; i answer from that very place . for lest this should be taken for a prohibition of civill fellowship , maimonides did adde these words . now this intervall is appointed for idolatry : for it is said , and one call thee , and thou eate of his sacrifice , and thou take of their daughters unto thy sonnes , and they goe a wboring after their gods : citing exod. . , . from all which i conclude , that christs words , relating to the jewish custome , let him be to thee as a heathen man , cannot be meant ( as m r prynne would have them ) of avoyding meere civill company and fellowship ; for as much as it was not held unlawfull among the jewes to have civill company and commerce with heathens . sure the jewes of our age are farre from holding such a thing unlawfull . yea so farre i am unsatisfied with m r prynnes interpretation , that i verily believe ( and so doe some others ) a part of the intendment of these words , let him be to thee as an heathen man and a publican , is to hold forth the lawfulnesse , yea the obligation of performing all naturall ( and in diverse cases morall ) duties to a person excommunicated : i meane that the text doth intimate thus much . as upon the one hand the contumacious offender who will not heare the church , is to be used no better than an heathen or a prophane publican , and is not to be admitted to any ordinance , except such as heathens and prophane publicans are and may be admitted unto ; so upon the other hand , let him have no worse usage and entertainment , then those very heathens and publicans , unto whom all naturall and some morall duties are performed , notwithstanding they be heathens and publicans . for the apostle commandeth christians to be subject even to heathen magistrates , servants to honour and be subject to heathen and ungodly masters , the wife not to depart from the husband because he believeth not . so that this rule of christ , matth. . . is so full and perfect , as to teach us , as well what fellowship is lawfull with such a one , as what fellowship is not lawfull to be kept with him . i doe not deny but that ( according to the ordinary rule ) fellowship with an excommunicate person in meat , drinke , familiarity , and salutations , is unlawfull , as well as in the sacrament and prayer , according to the received rule : si pro delictis , anathema quis efficiatur ; os , or are , vale , communio , mensa negatur . and the scripture forbidding to eate with such a one , or to have company with him , or to bid him god speed , will reach as farre . neverthelesse there are divers excepted or reserved cases in which the performance of naturall duties unto and keeping of civill company with an excommunicate person is allowed . the exception made from the rule is this : haee anathema quidem faciunt , ne possit obesse : utile , lex , humile , res ignorata , necesse . utile , as when a man seeketh payment of debt from an excommunicate person . lex , because the law alloweth husband and wife to company together , though the one of them be excommunicate . humile , because children may and ought to doe the duties of children , and servants the duty of servants , and subjects the duty of subjects , and vassals the duty of vassals , and souldiers the duty of souldiers , in companying with submitting unto , honouring and obeying of their excommunicated parents , masters , kings , lords , commanders . r●…s ignorata , when he that companieth with an excommunicate person , doth not know that he is excommunicate . necesse , as when a man passeth through the land or is under the power of excommunicate persons , or some such way is drawn into a necessity of speaking and companying with them . all which is most agreeable to this expression , let him be unto thee as an heathen man and a publican , and to the nature of excommunication , which doth not breake asunder naturall or morall , but spirituall and ecclesiasticall bonds . if it be asked why then are we forbidden to eate with an excommunicate person , or to bid him god speed ; i answer , these things are not forbidden but under a spirituall notion and for a spirituall end , that the offender may be ashamed and humbled , that others may not be deceived by countenancing of him or companying with him , and that our eating with him or saluting of him may not be interpreted as a conniving at , or complying with his sinnes , or as a signe of christian fellowship with a scandalous person formerly called a brother ▪ sinally that god may be the more glorified , wickednesse the more ashamed , others the more edified , the sinner the more abas●d , our selves the better kept from snares by avoyding of all appearance of evill . otherwise setting aside these and such like spirituall considerations and respects , i doe aver that excommunication hath nothing to doe with the avoyding of civill company qua civill , that is under a civill or politicalln otion . thus we have the negative part of the rule of christ. now to the positive part . what is it to be as an heathen and a publican ? he must not be worse used in naturall or civill things , y●t he mu● be used in the same manner as an heathen and a publican , in spirituall things . wherefore , let him be as an heathen man , implieth foure things : . i have proved that heathens were not permitted to come into the utter court of the temple , which the children of israel did come into , onely they might come and worship in the 〈◊〉 or atrium gentium ; and when they were at any time brought into the temple , it s challenged both by god , 〈◊〉 〈◊〉 ● . and by the people of the jews , acts . . . h●ns , though sojourning among the children of israel , and dwelling within their gates might not eate of the passeover exod. . , . where the civill fellowship was allowed , partaking of the passeover was forbidden . . no heathen man , no not he that was in the priests house , might ca●e of an offering of the holy things , levit. . , . . a sac●ifice was not accepted from the hand of an heathen l●…it . . . those that came from a farre countrey to pray and worship before the temple , if they had brought out of their owne countrey , or had bought in the land of israel , beasts , or bread , or oyle , or frankincence , or the like , and brought any of these for an oblation , it was not accepted from their hand as tostatus in . paral . . quest . . rightly observeth . onely he collecteth from ezra . , . that an heathen might give to the priests money or expences to buy sacrifices , and to offer them in the temple . fiftly , and generally , the heathens had no part or portion with gods people , nehem. . . they were not within but without the church , being aliens from the common-wealth of israel , and strangers from the covenants of promise , having no hope , and without god in the world , ephes. . . so that , let him be as an heathen must reach thus farre , let him no more partake in the ordinances then an heathen , have no more church-communion with him then with an heathen , let him be no more acknowledged for a church member than an heathen . and good reason ; he hath made himselfe as an heathen , yea worse than an heathen , rom. . . if thou be a breaker of the law , thy circumcision is made uncircumcision . yea a scandalous and prophane church member is worse then an infidell , tim. . . cor. . . this fivefold restraint of heathens from the temple , from the passeover , from eating of an offering , from bringing an oblation unto the lord , and generally from all church fellowship , did lie even upon those heathens who did cohabit and familiarly converse with the children of israel , who are called proselyti domicilii : and no heathen man was free of such restraint , except proselyti justitiae , who were circumcised and made members of the jewish church , and had the name of jewes . finally , let him be unto thee as an heathen man , may have a commentary from sam. . . where david curserh his enemies before the lord , because they had made him as an heathen man : they have driven me out this day from abiding in the inheritance of the lord , saying , goe serve other gods. he did not reckon his banishment , want of civill liberties , cutting off from the civill fellowship and company of the children of israel , in comparison of that which was farre worse to him , and a great deale heavier to be borne , namely , that he was rejected and repudiate from spirituall fellowship with gods people , from partaking in the holy ordinances , from comming to the sanctuary , from the church priviledges , that his persecution was materially and substantially an excommunication , and qua excommunication it was more grievous to him then qua persecution . i suppose it now appeares that let him be to thee as an heathen man , is a shutting out not from civill , but from sacred fellowship . the other branch , let him be to thee as a publican , i have before said enough of it . this onely i adde . there were among the jewes two sorts of publicans : some were good and just men , exacting no more then what was appointed them ; others were unjust and extortioners , and thereby made infamous . the former sort the hebrews have professed they were willing to converse civilly withall , as members of the same common-wealth . see l'empereur de legibus ebraeorum forensibus , pag. . but when christ saith , let him be to thee as a publican , he means the impious and unjust publican onely , as the same learned antiquary there saith . and so when our saviour bids us esteem such a one not onely as an heathen man , but as a publican , he means that he is not only to be denied fellowship in the holy things , but further made infamous among the people ; for the name publican is used to signifie the worst of men , matth. . , . and in the gospell it is said , publicans and sinners , publicans and harlots , as was noted before . so hierome upon matth. . . understands the name of publicans secundum tropologiam , for such as are given to unlawfull gaines , deceits , thefts , perjuries , and such like abominable wickednesses . wherefore we must not thinke that for civill respects of tax-gathering or the like the jewes refused to keepe civill company or fellowship with the publicans . for we read in exc. gem. sanbedrin cap. . sect . . that though he that was a shepheard , as such , was unfit to be a witnesse , yet he that was simply a publican ( that is , as i. coch. saith in his annotation , a publican who is not convict of exacting more then is appointed by law ) or a publican as a publican is not forbidden to be witnesse . where it is also added , that the father of r. sira had the office of a publican thirteen yeeres . hence we see that a publican were he a jew or gentile , provided he were a just publican , his testimony had faith and credit in judgement ; how then can it be supposed that the jewes did not so much as keep any civill company with such a one ? we must therefore understand that the jewes refused to have any fellowship with the impious and unjust publicans , as with church members , and this the jewes did because of their scandalous ungodlinesse and unrighteousnesse . wherefore to be esteemed as a publican was esteemed among the jewes , comprehendeth these three things . . to be esteemed as the worst of men , impious , abominable , execrable , infamous , and as it were publici odii victimae , for so were the publicans esteemed among the jewes . d r buxtorf●…lexic . chald. talm. & rabbin . pag. . tels us that where in sanhedrin fol. . . it is said of a certaine publican , the glosse expounds it thus , of a certaine wicked man. . not to hold or keep with such a one , the religious christian fellowship , which we keep with church members ; yea , and ( for religious ends , and in spirituall respects , as was said before ) not to keep with such a one , so much as that civill fellowship which we are permitted to keep with pagans and unbelievers , with whom when bidden to a feast , we may goe and eate together as the apostle expresly resolveth , but with him that is called a brother when scandalous and obstinate , ( and therefore justly made as a publican ) we may not so much as eate , as the same apostle teacheth , wherein those are ever to be excepted , who are tied by naturall relations to performe naturall and humane duties to the party excommunicate and made as a publican , as the wife to the husband , the children to their parents . in both these respects , let him be as a publican , superaddeth somewhat , and saith more then was in that other part , let him be as an heathen man. the third thing which i conceive to be meant by being esteemed as a publican , is coincident with was meant by let him be as an heathen , that is , let him be kept that which back from communion and fellowship with the church in the holy things . m r prynne brought a parabolicall argument concerning the publicans going up to the temple to pray . that devout and religious publicans , whether jewes or gentiles did goe up into the temple to pray , i make no question , and such a one is the publican in the parable ; yea , if we marke the pharisees owne words he speaketh of that publican as one of the best and most religious publicans luk. . . god , i thanke thee that i am not as other men are , extortioners unjust , adulterers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even as this publican , the vulgar latin hath it velut etiam hic publicanus , as likewise this publican , making the publican to be one of those extortioners , unjust , adulterers . but it is a mistake of the text , which plainly holds forth a disjunctive , not a copulative sence . the pharisee is further declaring what himself was not , and the disjunctive ● intimateth some new matter . therefore the syriak and arabik hath it , neither as this publican . erasmus , aut etiam ut hic publicanus . arias monntanus , aut & ut hic publicanus . and the english , or even as this publican . many of the publicans were extortioners , unjust , adulterers , but the pharisee thought he had not said enough when he had preferred himself to these , therefore he addeth this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or even as this publican , which is a rising and heightning of his speech , as if he had said , god , i thank thee that i am more holy and righteous then the best of the publicans , who yet are not ( as most of them are ) extortioners , unjust , adulterers . but that prophane , unjust , scandalous , infamous , publicans whether jewes or gentiles , were allowed or permitted to come to the temple , to the worship , prayer and sacrifices , among the rest of the people of the jewes , i deny it , and master prynne hath said nothing to prove it . these onely are the publicans meant of when christ saith , let him be unto thee as a publican . now this sort of publicans , if they were allowed any thing in reference to the temple , it was but to stand afarre off in the intermurale or atrium gentium as heathens might doe . if the religious publican stood afarre off , how much more the prophane infamous publican ? that such as were publikely scandalous , infamous for impiety , and esteemed the worst of men ( which i have shewed to be meant by let him be unto thee as a publican ) were admitted into the temple as much as the rest of the people of the jewes , or had fellowship with the church in the holy things , i doe not beleive , i have proved the contrary from philo and iosephus . chap. iv. a confutation of erastus and bilson their interpretation of math. . , , . as likewise of doctor sutliffe his glosse differing some what from theirs . as for that other erastian glosse upon matth. . . that christ meaneth of going to the orthodox magistrate being of the same true religion , ( & that this is the sence of those words tell the church ) but if the brother who hath done us wrong will not heare nor obey that magistrate , then let him he unto thee as an heathen man and a publican , that is , thou mayest prosecute him , as thou wouldest prosecute an heathen man or a publican before an extrinsecall tribunall , such as at that time the roman emperours was to the jewes . see erastus thes . . wherein he is followed by bishop bilson of the perpetuall government of christs church cap. . this glosse hath been justly rejected by many learned men . the first argument which i bring against it , is that it is wide from the scope of the text , yea prejudgeth and even overthroweth the great thing which is principally intended by jesus christ in this place , camero myroth . in math. . thinks it is , utterly different from christs intention in this place , which is to prescribe rules to our consciences concerning the amendment of our brother , and the reducing of him from his sinne , not to give oeconomicall rules concerning the reparation of our injuries or losses : wherefore he concludes that by the church is meant the presbytery mentioned . tim. . . he holdeth also that in the new testa . the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth ever signifie an assembly cum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad religionem , with an habitude and reference to religion . let it be also observed with bucerus script . anglic. pag. . . , , . that what our saviour directeth one brother to doe toward the gaining of another , by admonitions and reproofs , doth onely belong to the care and sollicitude of the salvation of his soule , and the gaining of him from eternall death to eternall life ; and this he collects from these words in the text , thy brother , and thou hast gained thy brother . he doth also paralell math. . . with gal. . . brethren , if any man be overtaken in a fault , ye which are spirituall , restore such an one in the spirit of meeknesse . now this as it is the surest exposition ( expounding scripture by scripture ) so it doth not concerne a judiciall proceeding in the case of private injuries , but the christian duty of reclaiming and saving the soule from sin . he further observeth that the thing which christ recommendeth to every christian , to be done ex charitate christiana , is nothing else but what is incumbent to pastors ex officio ; for pastors ought by vertue of their publike charge and ministery to doe the same thing authoritatively , which one christian is bidden doe to another in christian brotherly charity , that is to admonish , rebuke , &c. i am perswaded were the lord jesus his scope and intent in this text rightly understood , there should need no other confutation of the glosses given either by erastus or by m r. prynne . they restrict to the case of private or personall injuries , and to the party injuried civilly , that which our saviour prescribeth o as a duty of christian charity , which every church member oweth to another . it was an impious word of cain , am i my brothers keeper ? though spoken in reference to his brothers body and naturall life ; how much more sinfull is it , to say or thinke in reference to our brothers soule , am i my brothers keeper ? every christian is bound by the commandement of god to rebuke his brother , when he seeth , heareth , or knoweth hlm to commit sinne : lev. . . thou shalt in any wise rebuke thy neighbour , and not suffer sinne upon him . where the marginall paralell in the english bibles is mat. . . yea , erastus himself lib. . cap. . pag. . confesseth that christ doth in matth. . interpret that law lev. . so prov. . . such as keep the law contend with the wicked . we ought to hate and abhorre sinne by which god is dishonoured ( and consequently to expresse our zeale against it by rebukes when it is committed in our sight , hearing , presence , privity or knowledge ) as much yea much more , then if it were a private and personall injury against our selves psal. . . amos , . . rom. . . psal. . , . hence it is that the apostle exhorteth christians to warne them that are unruly or disorderly , thess. . . wherefore it is justly and truly maintained by augustine regul . infine tomi primi . durandus lib. . dist . . quaest. . tostatus in math. . quaest. . and divers thers , that to admonish and rebuke a brother committing sinne , is a necessary christian duty commanded by the word of god , whereunto christians are obliged by the love of god and their neighbour : for which see also aegidius de coninck de actib . supernat . disp . . dub . . & . and if the offender be not reduced by more private admonitions and rebukes , the same law of spirituall love bindeth his brother that knoweth his sinne and impenitency to tell the church , as ioseph told his father of his brethrens faults , gen. . . and joseph brought unto their father their evill report , that is their scandalous sinnes which made them to have an evill report . it is well noted by pareus upon the place , that the thing which ioseph did complaine of to his father , was not his brethrens hatred against himselfe , nor any personall injury done to himself , ( because their hatred of ioseph was the effect , not the cause , of the information which he gave to his father of their faults ) but it was their sinne and scandalous life by which they brought an evill name upon themselves and the family of their father . wherein he doth upon good reason justifie what ioseph did , because he told not his brethrens faults to an enemy but to a father , nor for their evill , but for their good . it was also declared unto the apostle by them of the house of cloe that there were contentions among the corinthians cor. . . so it is collected from thess. . . that some in the church of thessalonica gave notice to the apostle of such as walked disorderly . and as he that spares the rod hates the child , so he that neglects to rebuke an offending brother , or ( when that cannot amend him ) neglects to tell the church , doth hate his brothers soule , in so farre as he suffers sinne upon him . if these things be acknowledged for truths , we will be easily induced to believe that the scope of jesus christ math. . , , . is to teach us , not what he permits the party injured to doe toward the party injuring , but what he commands every one that loves the soule and salvation of his neighbour , to doe for reducing his neighbour from a sinne wherewith he is overtaken . which fitly agreeth with p that which drusius praeter . lib. . on mat. . . citeth e libro musar . besides , both fathers , schoole-men , casuists , commentators , popish , and protestant , when they handle the questions de correptione fraterna , they make brotherly rebukes to be a common duty of love which one neighbour oweth to another , and ever and anon they cleare what they hold from mat. . i verily believe it is one of the wiles yea depths of sathan in perverting that text with the erastian glosses , to throw out of the church and to drown in desuetude and oblivion , a great and necessary duty which every christian by the law of love oweth to the soule of his brother with whom he converseth , which were it conscionably practised , i dare say , it should be a most powerfull and effectuall meanes ( by the blessing of christ upon his owne ordinance ) to purge the church of scandals , to gaine soules , and to advance holinesse . now he that can neither be reduced by more private reprehensions nor by publike ecclesiasticall conviction , let him be unto thee as an heathen man , saith christ , let him be esteemed as one that hath no part in the communion of the saints , in church-membership , in the holy things , in the common-wealth of israel , in the covenants of promise , more then an heathen man. which is a spirituall , not a civill separation , according to that gal. . . we who are jewes by nature , and not sinners of the gentiles . my second argument shall be this . that which christ saith generally of any sinne whereby one brother scandalizeth another brother , the erastians restrict to private or personall injuries . and whereas christs rule tendeth to the rescuing and saving of a sinner , their glosse runnes upon a mans particular interest in the resarclating of a private injury . if thy brother trespasse against thee , that is , cum quis coram aliquo peccaverit , saith munsterus , when any brother sinneth in the presence of some other . are we not oblidged to rebuke an offending brother in christian love ; and to endeavour to bring him to repentance and to save his soule ; whether he hath done to us any particular injury or not : may we suffer sinne upon his soule , because that sinne is not an injury to us ? let it be well observed , the thing here aimed at , is the salvation of the offending brother , and his turning from sinne , as grotius rightly noteth from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which q erastus also confesseth from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) for in that sence is the same word used cor. . , , , . that i might gain them that are under the law , &c. and pet. . . they may be wonne by the conversation of the wives . this ( saith grotius ) james doth explain ch. . v. . he which converteth the sinner from the error of his way , shall save a soule from death , and shall hide a multitude of sinnes . if this then be the meaning of christs words , thou hast gained thy brother : then it concerneth all sinnes whereby we know our brothers soule and salvation to be in hazard . wherefore though grotius understand private injuries to be that case which the text putteth , yet saith he , it is the manner of the law of god , by one particular and more remarkable kind of things , to intimate what ought to be done in other things according to the rule of just proportion . and it holds more true in other sinnes , then in the case of private injuries : this rebuking is necessary as well in sins which are committed against god as in those which are committed against man , and by so much the more its necessary in sinnes which are committed against god , by how much they are heavier then sinnes which are committed against man , saith tostatus in mat. . quest . . and grotius himself citeth out of mimus , amici vitia si feras faeias tua . and whereas the erastian take much hold of the words against thee . if thy brother trespasse against thee . i have before answered , that any sinne against god which is committed in my sight , hearing , or knowledge , and so becommeth a scandall or stumbling block to me , is a trespasse committed against me , because he that ought to edifie me doth scandalize me . so that the words against thee are added , to signifie , not a civill injury , bnt rather a spirituall injury or scandall . augustine regul . . in fine tom. . applieth the rule and method of proceeding mentioned mat. . to lascivious or adulterous behaviour , which one brother observing in another , ought to admonish him , first secretly , then to take witnesses , then to tell the church , and if he be contumacious , de vestra societate projiciatur , let him be cast out of your society saith he , and the context carrieth it to any scandall whereby one brother scandalizeth another : whereof much was spoken in the preceding part of the chapter . erastus pag. . scopus christi est in hoc capite docere , quantum malum sit scandalum . the scope of christ is in this chapter to teach how great an evill scandall is . wherefore i adhere to the resolution of tostatus in math. . quaest . , sive sit peccatum directè contra deum , sive contra proximum , si fit nobis scientibus , fit contra nos , cum nos scandalizet . both chrysostome and theophilact upon math. . . observe this cohesion , that christ having before spoken against those that give scandall , now he gives a rule to the person scandalized . thirdly , that exposition which now i argue against , tendeth to make one scripture contradict another , and to make that lawfull by one scripture , which another scripture makes unlawfull even some of themselves being judges . they so expound matth. s. that they make it lawfull ( and as such allowed by christ himself ) for a christian to pursue his brother for a civill injury before infidell or heathnish judges , even as he would pursue an heathen or infidell , if such an one had done him the in ury . r erast , saith freely ( yet foully ) that if a congregation of the faithfull be under the turke or the pope , one of them may pursue another for an injury ( when the offender will not hearken to his own assembly ) before those judges who are aliens , and enemies to the true religion . his exposition of matth. . doth plainly lead hereunto . so saith bishop bilson ( a great follower of erastus ) in this debate upon matth. . in the place before cited , let him be to thee as an heathen man and a publican , that is pursue him in those courts , where thou wouldest a pagan and publican that should do thee wrong . but how doth this agree with cor. . ( the place which erastus thes . . conceiveth to be a commentary upon matth. . ) doth not the apostle expressely condemne it , as being utterly a fault that one brother went to law with another for the things of this life or civill causes , before the unjust and unbeleevers ? nay , let us heare bishop bilson himself in that very place . paul saith he by no means permitted them to pursue their brethren at the tribunals of infidels . what then ? will they set paul against christ ? or will they make cor. . contrary to matth. . as for that whereby erastus would reconcile this difference , it is as good as nothing . he saith pag. . that paul requireth them to referre to arbitrators within the church it self , only the smallest matters and things pertaining to this life , but not crimes or weighty matters which he would reserve to the magistrates , otherwise he had detracted much from those to whom he every where commandeth to give obedience . and so ( saith he ) that which paul saith is nothing but what christ saith , tell the church . besides paul himself appealed to cesar. let all men judge ( saith he ) whether the apostle would make it unlawfull to other wronged persons , which he thought lawfull for himself ? i answer , . if it was a shame and foule scandall for christians to pursue one another for smaller matters pertaining to this life , how much more for crimes and weightier matters ? for then the unbeleevers might cast the heavier load of reproaches upon the christian religion . . this might have opened a door to elude that which the apostle so earnestly presseth ; for one would be ready to say , this cause of mine is a weighty one , it is an injury and crime that can not be born , therefore i am free to pursue it before unbelievers . whereas the apostle saith , why do ye not rather take wrong ? why doe ye not rather suffer your selves to be defrauded ? . the judging of the smallest matters , and of the things pertaining to this life , is by the apostle opposed , not to weighty civill injuries , but to the judging of the world and of angells , as is manifest by the antithesis in the text. but he maketh no intimation of the least distinction of civill injuries , as if some might be pursued before unbeleiving judges , some not : he speaketh generally vers . . dare any of you having a matter against another . vers . . if then ye have judgements of things pertaining to this life vers . . why doe ye not rather take wrong ? . if that which paul saith , be the same with that which christ saith tell the church , and if it was pauls mind that he who would not hearken to chosen arbitrators among the saints might be pursued before the unbeleiving judges ( as erastus tells us both here and thes. . ) then tell the church cannot be meant of telling the magistrate of the same religion ; for paul sends them to no christian magistrate ( because there was none such then and there ) but to arbitrators chosen among the saints . t is most strange to me that so acute a disputant could expound the telling of the church matth. . by the reference to arbitrators . cor. . and yet understand the church matth. . to be the civill magistate . . there might be subjection and obedience to the heathen magistrates , although the saints should not go to law one against another before them . paul did but appeal from caesars deputy to caesar himself . he was drawne by the jewes before the tribunall of festus ( wherein paul was a sufferer ) and finding festus unjust and partiall , and that he endeavoured to deliver him to the jewes , who had a mind to have him put to death , thereupon he appealeth from festus to caesar. so that if erastus had made the paralell right , all that he could conclude from pauls example , had been this , that when a christian is drawne and compelled by his accusers and enemies ( not being christians ) before the tribunall of an inferiour heathen judge , if he there find himself in danger of his life , he may appeale in his just defence to an higher heathen judge . wherefore i yet conclude that by the erastian principles christ and paul cannot be reconciled ▪ these three arguments doe militate not onely against erastus and bilson , but likewise against sutlivius de presb. cap. . where he gives this sence of matth. . , , . that we ought to take heed we give no scandall in the pursuing of injuries , and for that end ought to give admonition first privately , then before witnesses , and in case of obstinacy in the brother that hath done the injury , to tell the rulers of the church ( meaning the prelates ) and if he will not hear them , then to go to law with that brother , as with an heathen or publican . the other arguments which are to follow , ( the last excepted ) strike not at his interpretation , but at those other glosses , of erastus , bilson , and master prynne . fourthly , this erastian exposition makes these words , but if he neglect to hear the church , let him be unto thee as an heathen man and a publican , to be applicable onely to such christians as live under unbelieving magistrates , and not to all christians . this consequence erastus foresaw , that it would needs follow from his interpretation , therefore he plainly owneth it thes. . he confesseth that the former part concerning rebuking and seeking to gaine the offending brother , belongs to all christians ; what a boldnesse is here to rent asunder this passage of scripture , which was uttered as it were with one breath ? and why doth not the latter part also belong unto all christians ? must christians that live under an infidell magistrate have more effectuall meanes and wayes to use towards an offending brother , and may they go a step further in putting him to shame or in humbling him , then those christians can doe who live under a christian magistrate ? how well doth this hang together ? i should have thought the ballance must rather fall to this hand . but to make the condition of those , who live under a christian magistrate to be more privative , and the condition of those who live under an infidell magistrate to be more cumulative , is too great a paradoxe for me . sixthly , whereas they say that the way prescribed by christ matth. . is such as is agreeable to the law of moses , and they understand by tell the church , tell the magistrate , i aske what magistrate ? if the judges and magistrates of the cities , as bishop bilson thinkes , then he who did not hearken to those judges might appeale to the great sanhedrin at hierusalem , or the judges themselves might referre and transmit the case thither : so that the man was not to be straight way accounted as an heathen man and a publican . but if by the church they understand the great sanhedrin it self , he that would not hearken to it was to be put to death by the law deut. . so that it had not been agreeable to the law of moses , to teach that he who will not hearken to the great sanhedrin is to be esteemed as an heathen man and a publican ; for this supposeth that he shall not dye but be suffered to live . seventhly , the erastian principles do plainly contradict and confute themselves . for both erastus , bishop bilson , and master prynne hold that he jewish sanhedrin in christs time was a temporall magistracy and a civill court of justice , which had power to scourge , imprison , torture , and outlaw offenders , yea to put to death as the first two doe positively averre . s how then can it be said , if he neglect to heare the church , &c. that is , if he neglect to heare the civill magistrate who hath power to imprison , scourge , torture , outlaw , yea to put him to death ? surely if he neglect to heare the church , doth intimate that the church hath not used nor cannot use any externall coercive power . erastus findes himselfe so mightily puzled with this difficulty , that to make out his interpretation of matth. . he confesseth thes. . and confirm . thes. lib. . cap. . the jewish sanhedrin had no power under the romans to judge of civill causes and injuries , but of things pertaining to their religion onely , t so that at that time ( saith he ) a man might impune without punishment contemne the judgement of the sanhedrin in civill things . and thus while he seeketh a salvo for his glosse upon matth. . he overthroweth the great argument by which he and his followers endeavour to prove that there was no other sanhedrin in christs time , but a civill court of justice , because say they , that sanhedrin had the power of the sword and other temporall punishments . eighthly , observe the gradation in the text , . a private conviction or rebuke . . conviction before two or three witnesses . . conviction before the church , and the churches declaring the thing to be an offence , and commanding the offender to turn from his evill way . . if he will not heare the church ( which implieth that the church hath spoken and required him to doe somewhat which he refuseth to doe ) then let him be as an heathen man and a publican . this last is heavier then all that went before , and is the punishment of his not hearing the church now this gradation is in consistent with the interpretation which erastus giveth ; for by his owne confession the sanh drin of the jewes at that time had not power to judge of civill causes nor to punish any man for a civill injury , but for a matter of religion onely . ( yet they are not matters of religion , but civill trespasses which he understands to be meant matth. . ) here is an intercision in the third step of the gradation . and if it were an offence in the matter of religion , it had not been a greater punishment , but a greater ease to the offender , to draw him before the roman tribunals , for the romans cared for none of those things , of which the jewish sanhedrin was most zealous . the gradation in the text is as inconsistent with m r prynnes interpretation ; for imagine the offender to be after previous admonitions publiquely accused and convict before the church ( that is , in his opinion ) the civill court of justice which had power to imprison , scourge , torture , and outlaw offenders , if not to condemne , and put to death ) what should be done with such an one ? can we goe no higher ? yes : thus it is in m r prynnes sence . he that will not submit to the magistrate , and cannot be reduced by stripes and imprisonment , torturing and outlawing , yea peradventure by condemnation to die the death ; let this be the last remedy for such an one , let him be unto thee as an beathen man and a publican , that is , withdraw familiar civill company from him . ninthly , that interpretation of erastus leaneth to a false supposition , namely that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a publican , are meant universally of all publicans good or bad , or whatever they were . to prove this he takes an argument pag. , , . from the article 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; for with the grecians , saith he , the article being joyned to the predicate , noteth the nature and consequently the universality of the thing ; whence he concludeth that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a publican qua publican , and so every publican . now what can be the sence of christs words in reference to every publican ( saith he ) unlesse this be it , that it was lawfull to pursue any publican at a tribunall of the romans ? i answer , his argument goeth upon a most false supposition , which i cleare by the like instances , matth. . . use not vaine repetitions as the heathen doe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . shall we thence conclude that the heathens as heathens , and so all heathens without exception did use repetitions in prayer , or that they were all so devout in their way as to make long prayers ? luke . . i am not as other men are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , extortioners , unjust●… &c. did the pharisee meane that every man eo ipso that he was another man , and so the rest of the pharisees as well as others , were extortioners , &c. iohn . . he is cast forth as a branch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if the rule of erastus hold , then a branch as a branch , and so every branch is cast out . many such instances might be given . if in these texts there must be a restriction of the sence , notwithstanding of the prepositive article , so that by heathens we must understand devout or praying heathens : by other men , vulgar men , or the common sort of men ; by a branch , a fruitlesse or withered branch . why shall we not also understand by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the prophane loose or unjust publican , and as grotius doth rightly expound it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let him be esteemed , saith he , as an heathen man , that is , as an alien from religion , or as a publican ; that is , if he be a jew , esteeme him as an infamous sinner , or one of a flagitious life . since therefore erastus confesseth pag. . that as the office of the publicans was lawfull , so likewise many publicans were honest , chast , religious , and pious men , i may safely conclude , that let him be unto thee as a publican , cannot be meant universally of all publicans . for how can it be supposed that christ would tacitely allow of alienation from or severity to pious publicans ? tenthly , whereas the erastians lay great waight upon that forme of speech , let him be to thee , ( not to the whole church ) as an heathen man and a publican , ( which is also one of sullivius his exceptions de presbyterio , cap. . ) in this also they do abuse the text , for . the same offence which is a sufficient ground to one church-member to esteem another church member as an heathen man or a publican , being a publique and known scandall ( such as is contumacy and disobedience to the church ) must needs be a sufficient ground to all other church members , or to the whole church to esteem so of him . surely christ would not have contradictory judgements in his church concerning so high a point , as is the esteeming of a church member to be as a heathen man and a publican . . the erastians herein argue no better than the papists : christ said to peter , i will give unto thee the keyes of the kingdome of heaven . therefore unto peter alone . peradventure mr. hussey was so sagacious as to prevent this objection with his popish concession : these keyes were never given to any of the apostles but to peter , saith he , in his plea for christian magistracy , pag. . it seems he will farre lesse sticke to grant the prelaticall argument , timothy laid on hands , and titus ordained elders , therefore each of these had the power of ordination by himselfe alone . . it is a good observation of luther tom. . resolv . super propos . . de potest . papae . fol. . in the sixteenth of matthew christ begins with all his disciples , whom say ye that i am ? and he endeth with one , unto thee will i give , &c. in the eighteenth of matthew he beginneth with one , if thy brother trespasse against thee , &c. and he endeth with all , whatsoever he binds on earth , &c. whence he concludeth that in both these places what is said to one is said to all of them . chap. v. that tell it to the church hath more in it , then , tell it unto a greater number . there is yet another interpretation of these words invented to elude the argument for ecclesiasticall government and censures from mat. . tell it unto the church , that is , if the offending brother will neither hearken to private admonition , nor to admonition before two or three witnesses , then tell it unto many or unto a greater company . this cals to mind u d r sutcliffes glosse upon the word presbytery , tim. . . that it signifieth presbyters or ministers non juris vinculo , sed utcunque collectos , as if the occasionall meeting of some presbyters in westminster hall , or upon the exchange , or in a journey , or at a buriall , were a presbytery with power to lay on hands . that interpretation of the word church is no better . but that i may reject nothing without reason , i desire it may be considered , . whether either in scripture , or in any greeke lexicon , or in any classick author , it can be found that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was ever used to signifie meerly a greater number or company then two or three , not called out and imbodied together for government or worship . for my part i could never yet finde where the simple majority of the number maketh the denomination of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i finde the word sometimes ( yet very seldome ) used of an unlawfull assembly combining or joyning together to evill : the reason i take to be this , because they pretended to be authorised as a lawfull assembly ; so christ called iudas , friend , when he came to betray him with a kisse . but since the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 matth. . . doth signifie a lawfull assembly , ( as all doe confesse ) i desire some testimony of scripture or approved authors , where this name is given to a lawfull assembly , which was not imbodied for worship or government , but had the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 simply because of the majority of number . sure i am 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is at least caetus evocatus , an assembly called forth ; and every offended brother hath not from christ the priviledge of gathering a church . . if by tell it unto the church were meant no more but this , tell it unto a greater number , then if the offender doe not heare the church , there must be recourse unto some others distinct from the church , for the more authoritative and ultimate determination , ( unlesse it be said that there is no remedy for offences , but in a greater number which each man shall make choice of ) but where is their more effectuall remedy , or where will they fixe the ultimate degree of proceedings ? . when christ saith tell it unto the church , and if he neglect to heare the church , &c. whether respect be had to the forme of the hebrews , or to the forme of the grecians , the church will still have a ruling power . in the old testament , the originall giveth the name kahal , church , ( which is the word used in the hebrew evangel of matthew published by munsterus , chap. . vers . . ) and the septuagints the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the elders and rulers of israel , as chro. . . . & . . chro. . . and in other places . and that which is said of the elders , deut. . . i●…sh . . ● . is said of the congregation or church , num. . . ios. . . so exod. . . compared with vers . . the septuagints also render kahal by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prov. . . it was not therefore to any assembly , but to an assembly of rulers , that causes were brought in the old testament . if we turne to the heathen grecians , among them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had a power of jurisdiction to judge and determine causes , as is manifest from acts . . . there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was of two sorts , as suidas , budaeus , stephanus , and others have observed . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a lawfull set fixed assembly , which met at ordinary diets ( which is meant in that place of the acts last cited ) it was also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of the jurisdiction and ruling power which was seated in it . wherein i am confirmed by this passage of aristotle polit . lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for the assembly , saith he , hath the government or arbitrement of all such things ; he is speaking of the choosing of magistrates , and of craving an account of their administration . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was indicted and called pro re nata , upon some urgent extraordinary cause , and it was concio magnatum s●…ve optimatum , in which the people were not present , as in the other . it was therefore rightly noted by passor that demosthenes useth the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro concione magnatum . afterward the roman senate was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without an adjection . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore among the heathen grecians ( from whom the word came ) was not any assembly , but an assembly which had a jurisdiction or ruling power . it shall not be in vaine to adde that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to appeale to a superiour ruler commeth from the same originall verbe from which commeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . the church mentioned matth. . . hath a forensicall or juridicall power , as appeareth by that of the two or three witnesses vers . . which relateth to a juridicall proceeding in the trying and punishing of offences , as m. prynne hath observed . peradventure some man will say , that the two or three witnesses here are brought in onely to be witnesses to the admonition , or to make the admonition the more effectuall , and the more to be regarded , but not as if any use were to be made of these witnesses , to prove the fact or offence it selfe before the church , if there be occasion . i answer , either it must be supposed here that the trespasse was seen or knowne onely by him that gives the first rebuke privately , or that it was also seen or known by those two or three witnesses . if the former , it is much disputed among schoolmen whether he that rebukes his offending brother be to proceed any further than a private rebuke for a private offence , or whether he is to stop at private rebukes , and not to take witnesses with him ( which divers thinke to be unfit and disallowed , as being an officious and unnecessary irritation of the offending brother by the spreading of his shame , a making of a private sinne to become scandalous to others , as likewise an engaging of witnesses to assist in the admonition and rebuke by a blinde and implicite faith ) for my part i shall not need here to dispute this point : for what ever ought to be done , or ought not to be done in this case , when the trespasse is known to one onely : yet in the other case when besides him that rebukes there are two or three more which can be witnesses of the fact or trespasse committed ( the trespasse being yet not publiquely divulged ) it can not be denied , that these witnesses of the fact are to be brought unto and confronted with the offender , when he cannot be gained by private rebuke , and ( if need be ) prove it afterward before the church . which i have before noted out of durand . and x aegidius de coninck tels us ( in whatsoever other case witnesses are to be taken , or are not to be taken ) in this case all doe consent that witnesses are to be taken . concerning the taking of witnesses , when the trespasse is known to me alone , there are three different opinions . . that when i have rebuked the offender privately , and cannot gaine him , i am to proceed no further , but have done my duty and must leave the event to god. . that when a secret admonition is not effectuall ▪ witnesses are to be taken , in case the offender so admonished continue in his sinne , or in case his relapse be feared and expected , that the witnesses may observe such continuing or relapse in sinne , and then assist and joyne in rebuking him , and if need be ( that is , in case of his contumacy ) to prove the fact before the church . . that even when his continuance or relapse in sinne can not be observed , ( and so can not be afterward proved by witnesses ) yet the second admonition is to be given before witn●sses , when the first admonition given privately hath not gained the offender . of these let the reader judge . t is enough for the point now in hand , that when witnesses can be had to prove the trespasse committed , they ought to be brought , first before the offender , and then ( if he continue obstinate ) before the church to prove the fact : and they must be three , or two at the least , which i doe not see how it can be thought necessary , if we suppose that the sinne is not known to any but to me alone who give tho first rebuke ; for if there must be a witnesse of my second admonition , why may not one witnesse joyn with me as well as two , when i can not have two , but one onely , willing and ready to ●oyn with me . but now a necessity of precept lies on me , that i must have two witnesses at least , which cannot be otherwise understood , but in reference to a forensicall proceeding afterwards , if need be . . that interpretation which now i speak against , while it goeth about to avoyd a power of jurisdiction and censure in this text , it doth subject him that is reproved by another , to a heavier yoke , and brings him into a greater servitude . for though a man be not disobedient nor contumacious unto any court civill or ecclesiasticall , yet if he doth not hearken to such a number , as the party offended shall declare the case unto ( being a greater number then two or three ) he must be by and by esteemed and avoyded as an heathen man and a publican . . this interpretation , as it is fathered upon grotius , so it may be confuted out of grotius upon the very place . he expounds tell it unto the church by the same words which drusius citeth , è libro musar . declare it coram multis , before many . but is this any other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the many spoken of cor . ? a place cited by grotius himselfe , together with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before all , tim. . . now these were acts of ecclesiasticall power and authority , not simply the acts of a greater number . he tels us also it was the manner among the jewes to referre the businesse ad multitudinem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to the assembly of those who were of the same way , or followed the same rites , the judgements of which multitude ( saith he ) seniores tanquam praesides moderabantur , the elders as presidents did moderate . he further cleares it out of tertullian apol . cap. . where speaking of the churches or assemblies of christians , he saith : ibidem etiam exhortationes , castigationes & censura divina &c. praesident probati quique seniores . where there are also exhortations , corrections , and divine censure , &c. all the approved elders doe preside . and is not this the very thing we contend for ? i hope i may now conclude that tell the church is neither meant of the civill magistrate , nor simply of a greater number , but of the elders or ( as others expresse it better ) of the eldership or assembly of elders ; so stephanus , scapula , and pasor in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , calvin , bucerus , illyricus , beza , hunnius , tossanus , pareus , cartwright , camero , diodati , the dutch annotations , all upon the place . marlorat in thesauro in the word ecclesia zanchius in . praec . pag. . iunius animad . in bell. contr. . lib. . cap. . gerhard loc . theol . tom. . pag. . meisuerus disput. de regim . eccles. quaest . . trelcatius instit. theol. lib. . pag. . polanus syntag. lib. . cap. . bullinger in cor. . . whittaker . de ecclesia quaest . . cap. . danaeus in tim. pag. . . these and many more understand that neither the magistrate nor the multitude of the church , nor simply a great number , is meant by the church matth. . but the elders or ecclesiasticall senate , who have the name of the church , partly , by a syn●cdoche because they are a chief part of the church ( as otherwhere the people or flock distinct from the elders , is called the church act. . . ) partly , because of their eminent station and principall function in the church , as we say we have seen such a mans picture , when haply t is but from the shoulders upward : partly , because the elders act in all matters of importance , so as they carry along with them the knowledge and consent of the church . ( and therefore according to salmeron his observation tom. . part . . tract . . christ would not say , tell the officers or rulers of the church , but tell the church , because an obstinate offender is not to be excommunicate secretly or in a corner , but with the knowledge and consent of the whole church : so that for striking of the sinner with the greater fear and shame , in regard of that knowledge and consent of the church , the telling of the officers is called the telling of the church : ) partly also , because of the ordinary manner of speaking in the like cases ; that which is done by the parliament is done by the kingdom , and that which is done by the common councell is done by the city . among the jewes with whom christ and his apostles were conversant this manner of speaking was usuall . danaeus ( where before cited ) citeth r. david kimchi upon ose. . noting that the name of the house of israel is often put for the sanhedrin in scripture . t is certaine the sanhedrin hath divers times the name kabal in the hebrew and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek of the old testament , which is acknowledged even by those who have contended for a kind of popular government in the church . see guide unto zion pag. . ainsworth in his counterpoison pag. . chap. vi. of the power of binding and loosing matth. . . they that doe not understand matth. . . of excommunication , are extreamely difficulted and scarce know what to make of that binding and loosing which is mentioned in the words immediately following v. . verily i say unto you , whatsoever ye shall bind on earth , shall be bound in heaven , and whatsoever ye shall loose on earth , shall be loosed in heaven . erastus and grotius understand it of a private brother , or the party offended his binding or loosing of the offender . bishop bilson understands it of a civill binding or loosing by the magistrate , whom he conceives to be meant by the church vers . . these doe acknowledge a coherence and dependance between vers . . and . m r prynne differing from them , doth not acknowledge this coherence , and expounds the binding and loosing to be ministeriall indeed , but onely doctrinall . some others dissenting from all these , doe referre this binding and loosing not to a person , but to a thing or doctrine , whatsoever ye shall bind , that is , whatsoever ye shall declare to be false , erroneous , impious , &c. sutlivius though he differ much from us in the interpretation of vers . , , . yet he differeth as much ( if not more ) from the erastians in the interpretation of vers . . for he will have the binding and loosing , to be ecclesiasticall and spirituall , not civill , to be juridicall , not doctrinall onely , to be acts of government committed to apostles , bishops and pastors : he alloweth no share to ruling elders , yet he alloweth as little of the power of binding and loosing , either to the magistrate , or to the party offended . see him de presbyteri●… cap. . & . so that they can neither satisfie themselves nor others , concerning the meaning and the context . for the confutation of all those glosses , and for the vindication of the true scope and sence of the text , i shall first of all observe , whence this phrase of binding and loosing appeareth to have been borrowed , namely , both from the hebrewes and from the graecians . the hebrews did ascribe to the interpreters of the law , power , authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to bind , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to loose . so grotius tells us on mat. . . the hebrews had their loosing of an excommunicated person , which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 see buxtorf . lexic . chald. talm. rabbin . pag. . the grecians also had a binding and loosing which was judiciall . budaeus and stephanus on the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cite out of aeschines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quum primo suffragio non absolutus fuerit reus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was the stone by which the senators did give their suffrage in judgement , it was either a blacke stone , by which they did bind the sinner and retaine his sinne , and that stone was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : or it was a white stone , by which they did loose remit and absolve : and that stone was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : which was the thing that tully calleth solvere crimine . so where it is said , her iniquity is pardoned isa. . . the read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , her iniquity is loosed . and because there is usually some kind of expiation before a loosing and remitting of sinnes , which expiation being performed the loosing follows , therefore the graecians called such necessary and r●quisit expiation by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , loosing : and they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they expiatory gods , who did chiefly take care of those expiations . that in scripture the power of binding , is judiciall and authoritative , is cleared by my reverend and learned colleague ma●er rutherford in the divine right of church government pag. . i adde , that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto which grotius sends ●s , is ●sed for that binding or incarceration which is an act of 〈◊〉 authority , as gen. . . gen. . . . . num. . levit. . . kings . . . isa. . . jer. . . ezek. . . it is also used for an authoritative prohibition num. . . my lord moses forbid them . thence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interdictum , a decree forbidding somewhat dan. , , , . as binding and loosing are acts of authority and power , such as doth not belong to any single person or brother offended , so the binding and loosing mentioned matth. . . are acts of ecclesiasticall and spirituall authority , belonging to the kingdom and government of christ in his church , but not belonging to the civill magistrate . and as the authority is ecclesiasticall and spirituall , so it is more than doctrinall , it is a power of inflicting or taking off church censures . these two things i will endeavour to prove . . that this power of binding and loosing belongeth neither to private christians nor to civill magistrates , but to church officers . . that this power is juridicall or forensicall , and not doctrinall onely ; that is , that church-officers are here authorised to bind with censures , or to loose from censures , as there shall be cause . in both which we have antiquity for us . which i doe the rather observe because erastus and grotius alledge some of the antients , for their exposition of math. . . that this binding or loosing is by the offended brother . that which augustine , origen , and theophylact say of one brother his binding or loosing , is but spoken tropologically , and not as the literall sence of the text , yea , theophylact in that passage cited by erastus and grotius , doth distinguish between the ministeriall or ecclesiasticall binding and loosing , and the party offended his binding and loosing . non enim solùm quae solvunt sacerdotes sunt soluta , sed quaecunque & nos &c. theophylact doth also find excommunication in that text illam autem ( ecclesiam ) si non audierit , tunc abjiciatar , ne suae maliti●… participes faciat alios . i further appeal to augustine himself epist. . where speaking of excommunication and anathema he distinguisheth it from corporall punishment , and after he hath spoken of the temporall sword he addeth , spiritualis autem paena , qua fit quod scriptum est , quae ligaveris in terra , erunt ligata & in caelo , animas obligat . but the spirituall punishment , by which that thing is done which is written , what thou shalt bind on earth shall be bound in heaven , doth bind soul●… . againe in his sixth tome lib. . contra adversarium legis & prophetarum ●…ap . . y he doth most plainly interpret math. . . of church discipline and binding by censure . z hierome both in his commentary upon matth. . and in his epistle to heliodorus , speaketh of this power of binding as a judiciall forensicall power belonging to the ministers or officers of the church , by which they judge and censure offenders . but to save my self the labour of more citations , i take help from bishop bilson , of the perpetuall government of christs church cap. . where though he expound the binding and loosing matth. . . to be acts of the magistrate , yet he acknowledgeth hat the antient writers leane vere much another way , and understand that text of the ministeriall and spirituall power of excommunication , for which he citeth chrysost. de sacerdotio lib. . ambros. de paenitent . lib. . c. . hierom. in matth. cap. . hilar. in mat. can . . vnto these i also adde isidorus polusiota in the third book of his epistles , epist. . where he applieth this text matth. , . to this sence , that impenitent finners are to be bound , and penitent sinners loosed , and thence argueth against the absolving of a perjured person who had not declared himself penitent , but had purchased his absolution by a gift . nor can i passe chrysostome upon this very text , where he tells that christ will have such a one to be punished 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , both with a present chastisement and with a future punishment , or both in earth and in heaven ; and would have the offender to fear 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , casting out of the church . he addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he cuts not off immediately , but after admonitions . i will now proceed to a further confirmation of the two propositions afore mentioned . touching the first , that this binding and loosing matth. . . belongeth nei her to private christians , nor to civill magistrates , but to church officers , i clear it thus . there are two things by which ( as schoolemen observe ) mens soules and consciences are bound , . they are bound by their sinnes . prov. . . his own iniquities shall take the wicked himself , & he shall be holden with the cords of his sins , act. . . thou art in the bond of iniquity . . men are bound by precepts matth. . . they bind heavy burthens and grievous to be born , and lay them on mens shoulders . this binding by precept or law , some take to be meant ezech. . . o sonne of man behold they shal put bands upon thee , & shall bind thee with them , that is , thou shalt in vision see thy self bound with bands upon thee , to signifie that i have forbidden thee to be a reprover to the rebellius house . so the chaldee paraphrase . but thou a sonne of man , behold i have put my word upon thee , as a band of cords with which they bind , and thou shalt not goe forth into the midst of them . now in both these respects the scripture elsewhere doth ascribe to church-officers a power of binding and loosing . in respect of sinne io. . . whosesoever sins ye remit they are remitted unto them , and whosesoever sin s ye retaine they are retained . it is spoken to the apostles and their successors in the ministery of the gospell . matth. . . i will give unto thee the keyes of the kingdome of heaven : and whatsoever thou shal●… bind on earth , shall be bound in heaven , and whatsoever thou shalt loose on earth shall be loosed in heaven . where the power of binding and loosing is given to the apostles , & grotius upon the place cleareth it from . cor. . . . god hath committed unto us the word of reconciliation . now then we are ambassadours for christ. so that we find in scripture church officers inabled and authorised ex officio as the heraulds and ambassadours of the king of zion , to loose from the bands of sinne all repenting and beleiving sinners , and to bind over to eternall justice and wrath the impenitent and unbeleevers . they are also authorised , dogmatically and authoritatively to declare and impose the will of christ , and to bind his precepts upon the shoulders of his peeple matth. . . as likewise to loose them and pronounce them free from such burthens , as men would impose upon them contrary or beside the word of god cor. . . an example of both we have act. . . the synod of the apostles and elders bindeth upon the churches such burthens , as were necessary by the law of love for the avoiding of scandall , but did pronounce the churches to be free and loosed from other burthens which the judaizing teachers would have bound upon them . now therefore if we will expound matth. . . by other scriptures ( it being the onely surest way to expound scripture by scripture ) it is manifest and undeniable , that church-officers are by other scriptures inabled and authorised to bind & loose in both those respects afore-mentioned . but we no where find in scripture , that christ hath given either to all private christians , or to the civill magistrate , a commission and authority to bind or loose sinners ; i know a private christian may and ought to convince an impenitent brother , and to comfort a repenting brother , ex charitate christiana : but the scripture doth not say , that god hath committed to every private christian the word of reconciliation , and that all christians are ambassadours for christ , nor is there a promise to ratifie in heaven the convictions or comforts given by a private christian : no more then a king doth ingage himself in verbo principis to pardon such as any of his good subjects shall pardon , or to condemne such as any of his good subjects shall condemne : but a king ingageth himself to ratifie what his ambassadours , commissioners or ministers shall doe in his name and according to the commission which he hath given them to pardon or condemne . besides all this , if christ had meant here of the brother to whom the injury was don , his private binding or loosing , not condemning or forgiving , then he had kept the phrase in the singular number , which erastus observeth diligently all along the text vers . , , . but he might have also observed , that vers . . carries the power of binding and loosing to a plurality , vvhatsoever ye bind , &c. as for the magistrate , it belongeth to him to bind with the cords of corporall or civill punishments , or to loose and liberat from the same , as he shall see cause according to law and justice . but this doth n t belong to the spirituall kingdome of jesus christ ; for his kingdome is not of this world , neither are the weapons thereof carnall but spirituall . and beside the magistrate may lawfully and sometime doth bind on punishment , when the soule is loosed in heaven , and the sinne remitted . again , the magistrate may lawfully , and sometime doth loose and absolve from punishment , when a mans soule is impenitent , and sinne is still bound upon his conscience . there is no such promise that god will forgive whom the magistrate forgiveth , or condemne whom the magistrate condemneth . neither hath god any where in scripture committed to the magistrate the keyes of the kingdome of heaven , or the word of reconciliation , as to the ambassadours of christ. binding and loosing in the other sence by a dogmaticall authoritative declaration of the will of christ , is not so principally or directy intended matth. . . as that other binding and loosing in respect of sinne . howbeit it is not to be excluded , because the words preceding vers. . mention not onely the execution of excommunication , let him be to thee as an heathen man and a publican ; but also the churches judgement , and determination of the case , if he neglect to heare the church , which words implie , that the church hath declared the will of christ in such a case , and required the offender to doe accordingly , but he shewing himselfe unwilling and contumacious , as it were saying in his heart , i will breake their bands asunder , and cast away their cords from me , thereupon the promise reacheth to this also , that what the church hath determined or imposed according to the will of christ shall be ratified and approved in heaven . a now christ hath no where given a commission either to every particular christian , or to the magistrate , to teach his people to observe all things which he hath commanded them , and authoritatively to determine controversies of faith , or cases of conscience . as in the old testament , the priests lips did preserve knowledge , and they were to seeke the law at his mouth , mal. . . so in the new testament the ministers of christ have the commission to make known the counsell of god. my second proposition that the power of binding and loosing matth. . . is juridicall or forensicall , and meant of inflicting or taking off ecclesiasticall censures ; this i will make good in the next place against m r prynne , who to elude the argument for excommunication from matth. . answereth two things concerning the binding and loosing there spoken of . . that these words have no coherence with , or dependence upon the former . . that this binding and loosing is meant onely of preaching the gospell . touching the first of these , i confesse if by the church , vers . . be meant a civill court of justice ; and by those words , let him be unto thee as an heathen , &c. be meant no more but keepe no civill fellowship with him ( which is his sence of the text ) i cannot marvell that he could finde no coherence between vers . . and vers . . yet if there be no coherence between these verses , the generality of interpreters have gone upon a great mistake of the text , conceiving that christ doth here anticipate a great objection , and adde a great encouragement in point of church discipline ; for when the offender is excommunicated , ( that is all the church can doe to humble and reduce him ) put the case he or others despise the censures of the church , what will your censure doe ? saith m r hussey : to that very thing christ answereth , it shall be ratified in heaven , and it shall doe more then the binding of the offenders in fetters of iron could doe . but let us heare what m r prynne saith against the coherence of text : because ( saith he ) that of binding and loosing is spoken onely to and of christs disciples , as is evident by the parallel text of joh. . . not of the jewish church . it maketh the more against him ( i am sure ) that it s spoken to and of christs disciples , for this proveth that the church vers . . is not the jewish sanhedrin , but the christian presbytery , then instituted , and afterwards erected : and that the thing which makes one as an heathen and a publican , is binding of his sinnes upon him . and for the context , immediatly after christ had said , if he neglect to heare the church , let him be unto thee , &c. he addeth , verily i say unto you , whatsoever ye shall bind on earth , &c. the dependency is very cleare . a christian having first admonished his brother in private , then having taken two or three witnesses , after this having brought it to the publique cognizance of the ecclesiasticall consistory , and after all that , the offender being for his obstinacy excommunicate ; here is the last step , no further progresse . now might one thinke , what of all this ? what shall follow upon it ? nay , saith christ , it shall not be in vaine , it shall be ratisied in heaven . and as the purpose cohereth , so that forme of words , verily i say unto you , is ordinarily used by christ to signifie his continuing and pressing home the same purpose which he had last mentioned , as matth. . . matth. . . matth. . . matth. . . matth. . . matth. . . matth. . , . matth. . . matth. . . matth. . . matth. . , . marke . . & . . & . . luke . . and many the like passages . to my best observation , i have found no place where christs verily i say unto you , begins a new purpose which hath no coherence with nor dependency upon the former . this coherence of the text and the dependency of vers . . upon that which went before ( which dependency is acknowledged by erastus , who perceiving that he could not deny the dependency , fancieth that the binding and loosing is meant of the offended brothers pardoning or not pardoning of the offender , confirm . thes. pag. . ) doth also quite overthrow master prynnes other answer , that this binding and loosing is onely meant of preaching the gospell , and of denouncing remission of sinnes to the penitent , and wrath to the impenitent . nay , that potestas clavium conoionalis is instituted in other places : but here its potestas cl●…vium disciplinalis , as is evident : first , by the coherence of the text , and by the taking of two or three more , and then telling of the thing to the church ; all which intimateth a rising as from one or two or three more , so from them to the church , which cannot be meant of one man , as hath been argued against both pope and prelate , for no one man can be called a church : neither hath one man the power of jurisdiction ; but one man hath the power of preaching . secondly , the apostles , and those who succeed them in the worke of the ministery have the same power of the keys committed from christ to them ministerially , which christ hath committed from the father to him ( as mediator ) authoritatively . for in the parallel place , ioh. . v. , . where he gives them power of remitting or retaining sinnes , he saith , as my father hath sent me , even so send i you . but the father gave christ such a power of the keyes , as comprehends a power of government , and not meerely doctrinall , isa. . , . i will commit the government into his hand , &c. and the keyes of the house of david will i lay upon his shoulder . thirdly , it may be proved also by that which immediately followeth , vers . . againe i say unto you , that if two of you shall agree on earth &c. which cannot be meant of the power of preaching ; for neither the efficacy of preaching , nor the ratification of it in heaven , nor the fruit of it on earth , doth depend upon this , that two preachers must needs agree in the same thing . but it agreeth well to the power of discipline , concerning which it answereth these two objections . first , it might be said , the apostles and other church-governours may fall to be very few in this or that church where the offence riseth ; shall we in that case execute any church-discipline ? yes , saith christ , if there were but two church-officers in a church ( where no more can be had ) they are to exercise discipline , and it shall not be in vaine . againe , it might be objected , be they two or three , or more , what if they doe not agree among themselves ? to that he answereth , there must be an agreement of two church-officers at least , otherwise the sentence shall be null ; we can not say the like of the doctrinall power of binding or loosing , that it is of no force nor validity unlesse two at least agree in the same doctrine , as hath been said ; two must agree in that sentence or censure , which is desired to be ratified in heaven , and then they binding on earth , and unanimously calling upon god to ratifie it in heaven , it shall be done . fourthly , this binding and loosing can not goe without the church , it is applicable to none but a church member or a brother . so the threed of the text goes along from vers . . if thy brother trespasse against thee , and vers . . thou hast gained thy brother . and when it is said , tell the church , it is supposed that the offender is a member of the church , over whom the church hath authority , and of whom there is hope that he will heare the church . and when it is said , let him be unto thee as an heathen man and a publican , it is supposed that formerly he was not unto us as an heathen man and a publican . for these and the like reasons tostatus in matth. . quaest . . and divers others hold that this rule of christ is not applicable to those who are without the church . but if the binding and loosing be meant onely of preaching the gospell , as master prynne would have it , then it were applicable to those that are not yet baptised nor made church members , for unto such the gospell hath been and may be preached . the binding and loosing which is proper to a brother or to a church member , must be a juridicall power of censures , of which the apostle saith , cor. . . what have i to doe to judge them also that are without ? doe not ye judge them that are within ? therefore chrysostome hom. . in matth. ( according to the greeke hom. . ) doth parallel matth. . with cor. . proving that this rule of christ is not applicable to one that is without , but onely to a brother . which paul also saith in these words , what have i to doe to judge them also that are without ? but he commandeth us to convince and reduce brethren , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to cut off the disobedient : this he ( christ ) doth also in this place . theophylact also on matth. . noteth the same restriction of this rule of christ to a christian brother . fifthly , this binding power is not to be made use of , till all other meanes have been essayed , ante tentanda omnia saith munsterus , first a private admonition , then before witnesses , then the matter is brought to the church , the church declareth and judgeth , the offender neglecteth to heare the church , then after all this commeth the binding , which must needs be a binding with censures ; for that binding which master prynne speakes of , the denouncing of the wrath of god against the impenitent , by the preaching of the gospell , is not , neither ought to be suspended or delayed upon such degrees of proceeding . sixthly , this binding and loosing is not without two or three witnesses , vers . . but that of two or three witnesses relateth to a forensicall or judiciall proceeding , as m r prynne himselfe tels us . these witnesses may be brought before the ecclesiasticall court , either to prove the offenders contumacy being admonished , or to prove the scandalous fact it selfe , which was from the beginning knowne to two or three witnesses , according to the sence of schoolmen , expressed in the precedent chapter . seventhly , this phrase of binding and loosing is taken both from the hebrews , and from the grecians . but both the hebrews and the grecians used these words in a juridicall sence , as i observed in the beginning . eighthly , that the binding and loosing matth. . . is juridicall , not doctrinall , belonging to the power of jurisdiction , not of order , is the sence of the ancients above cited , as likewise of scotus lib. . sent. dist. . quaest. . art . . tostatus in matth. . quest. . yea the current both of schoolmen and of interpreters , as well protestant , as popish , runneth that way . it were too long to cite all . yea further salmasius in appar . ad lib. de primatu p●…p . . understands the binding and loosing matth. . . ioh. . . of discipline . so walaeus tom. . pag. . so divers others . from the same places aretius theol. probl . loc . . de excom . draws excommunication as an ordinance of christ. from the same two texts ioh. . . and matth. . . dionysius areop agita de ecclesiastica hierarchia cap. . sect . . doth prove that christ hath committed unto the ministers of the church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . his ancient scholiast maximus upon that place tels us , that he speaks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of excommunications and separations , or ( as he there further explaineth ) the judging and separating between the righteous and the wicked . salmeron upon matth. . . thinks that the latter part of that verse , and whatsoever thou shalt binde on earth , &c. doth belong to the power of jurisdiction and censure : hugo de s. victore de sacramentis lib. . cap. . doth also expound matth. . . of the forensicall power of excommunication . now if in these places binding and loosing , remitting and retaining sinnes comprehend a juridicall power of laying on or taking off church censures ; how much more must this juridicall power be comprehended matth. . . where the context and circumstances will much more enforce this sence , then in the other two places ? this binding and loosing being also in the plurall number , whatsoever ye bind , &c. not in the singular , as the phrase is matth. . . whatsoever thou shalt bind &c. one minister may bind doctrinally , but one alone can not bind juridically . ninthly , the very doctrinall or concionall binding which is yeelded by m r prynne , is voyded and contradicted by the admission of known scandalous impenitent sinners to the sacrament : for he that is admitted to the sacrament is loosed , not bound ; remission , not condemnation is supposed to be sealed up to him , as is manifest by the words of the institution , matth. . , . drinke ye all of it , for this is my blood of the new testament , which is shed for many for the remission of sinnes . so that without a power of binding by censures , and namely by suspension from the sacrament , one and the same scandalous impenitent person shall be bound by the word , and loosed by the sacrament . surely he that is to be bound by the word , ought also to be bound by suspension from the sacrament , unlesse we make one publique ordinance to contradict another . tenthly , doth m r prynne believe that jesus christ hath any where given to church-officers a forensicall or juridicall power of binding by excommunication , and loosing by absolution or receiving againe into the communion of the church ? if he doth believe it , then i aske where hath christ committed that power unto them , if not matth. ? if he doth not believe that christ hath given any such power , then why doth he hold excommunication to be lawfull and warrantable by the word of god ▪ most certaine it is , that neither king , nor parliament , nor eldership , nor synod , nor any power on earth , may or ought to prohibite or keepe backe from the sacrament such as christ hath not commanded to be kept backe , or to bind sinners by excommunication , if christ hath given no such commission to bind in that kind . eleventhly , it may give us some light in this present question , to compare the phrase of binding and loosing matth. . . with psalm . , , , . let the high praises of god be in their mouth , and a two-edged sword in their hand , to execute vengeance upon the heathen and pnnishments upon the people . to bind their kings with chaines , and their nobles with fetters of iron , to execute upon them the judgement written : this honour have all his saints . which both jewish and christian interpreters referre to the kingdome of christ , out of whose mouth proceedeth a two-edged sword , revel . . . & . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the phrase used in the greeke version of psalm . if it should be understood of temporall or externall victories and conquests of the nations and their kings , so it was not fulfilled to the jews in the old testament ; and the jewes doe now but in vaine flatter themselves with the expectation of such a thing to come . there are but two expositions which are most received and confirmed . the first is , that the saints shall judge the world together with christ cor. . . and then vengeance shall be executed on the wicked , and all they who would not have christ to reigne over them shall be bound hand and foot and cast into utter darknesse . this is the sence of arnobius upon the place , and the jesuits of doway , emmanuel sa , jansenius , lorinus , menochius goe that way . the other exposition holds an accomplishment of the thing in this same world , and this in a spirituall sence , concerning the kingdome of christ in this world , is holden by calvin , bucer , vvestmeherus , heshusius , gesuerus , fabritius , and others . so the dutch annotations , augustine and hierome , both of them upon the place , take the sword , and the chaine , and fetters to be meant of the word of god conquering and overcomming aliens , and hereticks , and the mightiest enemies ; which others cleare from isa. . . men of stature shall come over unto thee , and they shall be thine , they shall come after thee , in chaines they shall come over . but because the psalmist maketh mention of a corrective or punitive judiciary power , therefore others ▪ adde for making the sence more full , the power of excommunication ; for which lorinus citeth bruno , and hugo victorinus . of the protestant interpreters upon the place , gesnerus , applieth it to the power of the keyes , to be made use of according to that which is written math. . fabritius conceiveth the text to comprehend castigationes spirituales , and he citeth math. . . math. . . io. . . heshusius cleareth it by the instance of theodosius excommunicated by ambrose , master cotton in his keyes of the kingdom of heaven pag. . applyeth it to the ecclesiasticall power of the keyes . bartholomaeus coppen understands it of the spirituall rule and kingdom of christ , and makes it paralell to cor. . . the weapons of our warrefare are not carnall but mighty through god , to the pulling downe of strong holds , vers . . and having in readinesse to revenge all disobedience . this judiciary ecclesiasticall power is to be executed upon all such of the nations as fall under the government of the church according to the rule of christ. and this honour have all his saints , that their ministers are armed with a power . they that follow this latter exposition will be easily induced to beleive that the binding and loosing mat. . . is also judiciall or juridicall : they that follow the former exposition , will also observe that the phrase of binding in scripture , even where it is ascribed to the church or saints , is used in a judiciary sence , and therefore it is most sutable to the scripture phrase to understand mat. , . in that sence . as touching that other exposition of the binding and loosing , that the object it is exercised about , is not a person , but a thing or doctrine , for it is not said whomsoever but whatsoever ye bind : it is sufficiently confuted by ▪ much of that which hath been said already , proving a forensicall binding and loosing even of persons . onely i shall adde these further considerations . first , the binding and loosing are acts of the power of the keyes , and are exercised about the same object , about which the power of the keyes is exercised math. . . now the power of the keyes is exercised about persons , for the kingdom of heaven is opened or shut to persons , not to doctrines . if it be said that the keyes are for opening and shutting , not for binding and loosing , to this i answer with alexr . alensis part . quaest. . membr . . that these keyes are as well for binding and loosing as for shutting and opening ; but the act of binding and loosing doth agree to the keyes immediately and in respect of the subject ; but the act of opening in reference to the last end . ibid. membr . . he had given this reason why the power of the keyes is called the power of binding and loosing , because although to open and shut be the more proper acts of the keyes themselves , yet neverthelesse to loose and bind are the more proper acts in reference to those who are to enter into the kingdome , or to be excluded from the same ; for the persons themselves which doe repent , are the subject of loosing : and they that repent not , of binding . which is not so of opening and shutting ; for although the opening be to those that are loosed , and the shutting to those that are bound ; yet those that are loosed are not the subject of opening ( as to the manner of speaking ) nor those that are bound , the subject of shutting . so then antecedently binding and loosing are acts of the power of the keyes , because a man is bound before he be shut up , and loosed before the door be opened to him . secondly , that glosse which now i despute against , doth suppose one of these two things : either that binding and loosing cannot be exercised upon the same object at different times , and that the binding is such as can never be loosed againe ; or otherwise that one and the same doctrine may be condemned at one time , and approved at another time . both which are absurd , and contrary to the generality of divines . thirdly , seeing the scripture speaketh of binding and loosing in reference to persons , as corporally , so spiritually , which i have before proved . why then , shall persons be excepted from being the object of binding and loosing matth. ? fourthly , that of binding and loosing mat. . . doth cohere with and is added by occasion of that which went before , as is also before proved . if this concerning the context be acknowledged , it will carry it to persons ; for it was an offending brother , not a false doctrine , which was spoken of in the verses preceding . fifthly , binding and loosing here doth at least reach as farre as retaining or remitting of sinnes io. . . but there it is whosoever sinnes ye remit , &c. they whose sinnes are retained , are bound . wherefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whatsoever mat. . . is put for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whomsoever , by an hypallage generis , many examples whereof may be given in scripture : so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 io. . . is expounded by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and all things that offend mat. . . expounded by them that doe iniquity . vnlesse you please to understand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whatsoever sinnes ye bind upon men or loose from off them , they shall be bound upon them or loosed from off them in heaven . chap. vii . that cor. . proveth excommunication and ( by a necessary consequence even from the erastian interpretation ) suspension from the sacrament of a person unexcommunicated . master prynne in his first quaere did aske whether that phrase cor. . to deliver such a one to sathan , be properly meant of excommunication or suspension from the sacrament onely . this , he saith , i did in my sermon wave with a rhetoricall preterition . i answer for the latter part of the quaere , i know not the least ground , for who did ever expound it of suspension from the sacrament onely ? for the former part of it , it s not necessary to be debated , therefore for husbanding time and not to multiply questions unnecessarily , i said in my sermon , that the question ought to be whether that chapter ( not whether that phrase ) prove excommunication ; and that we have a shorter way to prove excommunication from the last words of that chapter as doctor moulin doth in his vates lib. . cap. . and if i should grant that delivering such a one to sathan signifieth either of those things which master prynne conceiveth , that is , a bodily possession , torture , or vexation by sathan , inflicted either by the apostolicall power of miracles , or by gods immediate permission : yet that will not prove that it signifieth no more . therefore peter martyr upon the place , thinks that the apostles delivering of the man to sathan by a miraculous act , and the churches delivering of him to sathan by excommunication , doe very well stand together . so synop. pur . theol. disp . . thes. ▪ and he alloweth of both these expositions ; and afterward in his common place of excommunication he speaketh of gods cooperating with the church censure , by punishing the excommunicate person with diabolicall vexations . sure i am an excommunicate person may truly be said to be delivered to sathan , who is the god and prince of this world and reigneth in the children of disobedience . but master prynne will find himself difficulted to prove that tradere satanae cor. . is onely meant of a miraculous or extraordinary act , or to shew how or why the apostle requireth the assembling of the church and their consent to the working of a miracle . which ( if there were no more ) may discover the weaknesse of master prynnes notions concerning delivering to sathan , , . but as the full debate were long , so it were not necessary , since master prynne doth now himself acknowledge that the last verse of that chapter proveth excommunication , vindic . pag. . i come therefore to the next , which he calls the fourth difference , whether cor. . . with such an one no not to eat , be properly meant of excommunication or suspension from the sacrament . but ( whatsoever be properly meant by that phrase ) that which his debate driveth at , is , that this verse doth neither prove excommunication nor suspension from the sacrament so much as by necessary consequence . but let us see whether his reasons can weaken the proof of suspension from vers . . first he saith there is not one syllable of receiving or eating of the lords supper in this chapter . i answer , the question is neither of syllables nor words but of things , and how will he prove that vers . . let us keep the feast , not with old leavon , &c. is not applicable to the lords supper , i say not to it onely , yet surely it cannot be excluded , but must needs becomprehended as one part , yea , a principall part of the meaning , the better to answer the analogy of the passeover , ( there much insisted upon . ) he may be pleased also to remember that he himself pag. . proving the passeover and the lords supper to be the same for the substance , for proof hereof citeth cor. . . and that aretius theol probl . loc . . expoundeth our feast of the passeover cor. . to be meant of the lords supper . but he further objecteth from cor. . , . we are all partakers of that one bread ; if all were then partakers of this bread , certainly none were excluded from it in the church of corinth ; but at the israelites under the law , did all eat the same spirituall meat , and all drinke the same spirituall drinke though god were displeased with many of them who were idolaters , tempters of god , fornicators , murmurers , and were destroyed in the wildernesse . cor. . . to . so all under the gospell who were visible members of ●…he church of corinth , did eat and drink the lords supper to which some drunkards whiles drunken did then resort , as is clear by cor. . . . which paul indeed reprehends vers . . answ. when paul saith , we being many are one bread and one body , for we are all partakers of that one bread , he speaketh of the communion of saints , & the word all can be of no larger extent then visible saints , to whom the epistle is directed cor. . . and cannot be applyed to visible workers of iniquity , who continue impenitent and obstinate in so doing . as we may joyn in communion with a visible church , which hath the externall markes of a church , though it be not a true invisible church ; so we joyne with visible saints to become one body with them in externall church communion and to be partakers of one bread with them , though they be not true or invisible saints in the hid man of the heart . but if these be visibly no church , we cannot joyne in church communion ; and if a man be visibly no saint , he ought not to be admitted to the communion of saints . i shall never be perswaded , that the apostle paul would say of himselfe and the saints at corinth , we are one body with known idolaters , fornicators , drunkards and the like . if all in the church of corinth , ( none excluded ) even drunkards whiles drunken , and if all under the gospell who are visible members of the church ought to be admitted to eat the same spirituall meat and drinke the same spirituall drink at the lords table , as he supposeth that in the wildernesse all the israelites did the like , who were idolaters , fornicators , &c. then i beseech you observe how master prynne doth by all this overthrow his owne rules ; for pag. . and elsewhere he tells us he would have notorious scandalous sinners who after admonition persevere in their iniquities without remorse of conscience or amendment to be excommunicated from the church and from the society of the faithfull in all publike ordinances ? if both in the church of israel and in the church of corinth , all were admitted and none excluded , even those who were idolaters or drunkards , whiles actually such without repentance or amendment ; how can master prynne straiten christians , now more then moses did the jewes , or paul the corinthians ? since therefore his arguments drive at it , it s best he should speak it out , that all manner of persons who professe themselves to be christians , be they never so scandalous , never so obstinate , though they persevere in their iniquity after admonition without amendment , yet ought to be admitted to the lords table . he shall never be able to prove either that those drunken persons cor. . . were drunken when they did resort to the church , ( for it was in the church and in eating and drinking there , that they made themselves drunke ) nor yet that the idolaters and fornic●tors in the wildernesse their eating of the spirituall meat and drinking of the spirituall drinke mentioned by the apostle cor. . was after their idolat●ies and fornications : but of this latter , i have elsewhere spoken distinctly and by it self . to say that all who were visible members of the church of corinth were admitted , and none excluded , and to say it with a certainly is to make too bold with scripture . and the contrary will sooner be proved from cor. . . ye cannot drink the cup of the lord and the cup of devills : ye cannot be partakers of the lords table and of the table of devills . so much for his first exception . his second is concerning persons ( but not to the purpose ) that if we looke upon the catalogue of those with whom we are forbidden to eat , not onely shall most of the anabaptisticall and independent congregations , but too many presbyterian ministers and elders , who are most foreward to excommunicate others for idolatry , fornication , drunkennesse , must first be excommunicated themselves for their owne covetousnesse . answ. let it light where it may , ministers doe not stand nor fall to his judgement ▪ but where just proof can fasten either covetousnesse or any other scandalous sinne upon them , it s all the reason in the world they be censured with the first . if i had fallen upon this passage of his book without knowing the author , i had presently imagined it to be a peece from oxford , it calls to my thoughts so many expressions in pamphlets from thence , aspersing london and westminster , as more full of covetousnesse , lying , hypocrisie , then oxford of bloody oathes , masses and the like . thirdly , saith he , it is as clear as the noone day sunne , that , no not to e●…t , in this text is no more , then not to keep company , or hold civill familiarity with such . what ? as cleare as the noon day sun ? let us open our eyes then to see this meridian light ; first saith he , no not to eat , is interpreted in the text it self by not to keep company , which we find twice in the preceding words , eating together being one of the highest expressions of outward friendship and familiarity . had the apostle said simply , not to eat ▪ this argument had been the more colourable , but after he had twice said , not to keep company , to adde no not to eat , b doth plainly intimate that the apostle argueth from the lesse to the greater ▪ and that there is some other fellowship and company with such a one , which is more than eating together and so much lesse permitted : and what is that ? ( eating together being as master prynne saith one of the highest expressions of outward friendship and familiarity . ) must it not be communion in the holy things , and especially the receiving such a one to the lords table ? as if he had said , if scandalous brethren be spots in your common , how much more in your sacred feasts ? for which cause the mixture of scandalous persons in church fellowship is extreamly blamed pet. . . iude v. . put case that a parliament man or a divine of the assembly were known ( as god forbid ) to be an incendiary , an active malignant , a traytor , a blasphemer , so that no raher parliament man or member of the assembly would eat or company with him , were it not strange , if for all that such a one should be permitted to sit in parliament or in assembly ? is it not as strange if the whole church distributively shall not so much as eat with a scandalous person , and yet the whole church collectively shall eat with him , in that very action which is a symbole of the communion of saints ? so that if i should now admit that sence , that these words no not to eat , amount to no more then not to keep company , or hold civill familiarity with such , ( as m r. prynne expresseth it ) yet the argument will stand firme and strong in regard of this necessary consequence . if a private christian ought not to hold so much as civill fellowship with a scandalous brother not excommunicated , much lesse ought the church to admit him to church communion in all publike ordinances ; ( there being lesse latitude , & the rule much stricter in this communion than in private civill fellowship , ) & if we be forbidden to do so much as to eat with such a one at a common meal , quanto magis convictu sacro saith pareus upon the place , how much more is the church forbidden to receive him to the lords table ? for if the end of avoiding private company with such a one be to make him ashamed , as the erastians themselves doe confesse from thes. . . were it not contrary to that end to countenance and embolden him by receiving him to publike church communion at the lords table ? surely the refusing of the private could not so much put him to shame , as the admission to the publike should put respects upon him . wherefore cor. . . as it is interpreted by master prynne proveth by a necessary consequence the suspension from the sacrament of a scandalous church-member not excommunicated . if his next reason help him not , surely his sun will go down at noon , he citeth some paralell texts , which interpret not to eat here , of avoiding them , turning away from and rejecting them , &c. which are no judiciall acts of the presbytery , but morall or prudentiall acts of particular christians . answ. there is a judiciall presbyteriall act , ( as very many conceive ) in some of those paralell texts cited by him thess. . . tit. . . and so his proof is no lesse questionable , then the thing he would prove by it . and here the apostle intendeth more then a voluntary prudentiall withdrawing of particular christians , even a judiciall act , in the very next words , what have i to doe to judge them also that are without ? doe not ye judge them that are within ? where he gives the reason of what he had said before , that he had written to them not to be mixed with scandalous brethren , permitting them to keep company with pagans though guity of the same faults . the reason , because church-censures are onely for those that are church-members not for aliens . after m r prynne hath put forth his strength to prove that excommunication or suspension from the sacrament is not meant cor. . . he comes in the next place to answer the argument drawn by consequence ▪ if we may not so much as eate with such a one at our owne tables , farre lesse at the lords table . whereunto his answer is , the argument is fallacions , saith he , because it varieth in the kinde of eating , the one being civill , the other spirituall ; the one private in ones owne house , or anothers , where he hath absolute freedome or liberty to eate or not to eate with another , the other publike in the church , &c. but all this ( say i ) maketh our argument the stronger ; for if it be sinne to a private man to eate in his owne house with a scandalous brother , though this be but a civill fellowship in which there is more liberty and lesse latitude than in religious fellowship ; how much more sinfull is it for church-officers to admit such a one to sacramentall eating with the church ? and for that first rule of his , that arguments from the lesse t the greater are not conclusive , except in the same kind of action , it s utterly untrue . for the holy scripture it selfe hath divers arguments from the lesse to the greater , where the kind is no lesse different , if not more , than private civill eating together is from publique eating together at the table of the lord , as numb . . . if miriams father had spit in her face , should she not be ashamed seven daies ? how much more when god hath smitten her with leprosie for speaking against his servant moses ? h●…g . . . you have built to your selves ceiled houses , how much more ought ye to have built the house of the lord ? ioh. . . if i have told you earthly things , and ye believe not , how shall ye believe if i tell you of heavenly things ? cor. . . know ye not that we shall judge angels ? how much more things that pertain to this life ? his second exception is , that they fall not b●…th under the self-same precept . if this be a just exception against our argument , then one cannot argue thus , it s a sinne to steale a mans private goods , how much more to steale that which is holy ? it s a sinne to reproach a mans name , how much more to reproach gods name ? these doe not fall under the selfe-same precept ? shall such arguments be therefore inconcludent ? whence comes all this new logick which the world never knew before ? his third condition ( let it be remembred he saith , if either of these three conditions faile , the argument is inconseqent ) is , that it must be within the compasse of the same power . if it be so , how shall that hold universally true ? h●…w much better is it to get wisdome then gold ? and to get understanding rather to be chosen then silver ? by m r prynnes rule it must onely hold true in this case , when it fals within the compasse of the same power to get both wisdome and gold ? however if he had apprehended out argument aright , he had perceived that the iesser thing , and the greater thing are both within the compasse of the same power . the church of corinth ought not to eate with such a one at common tables : therefore not at the lords table . for this refusing to eate with such a one at common tables , was by vertue of a judiciall ecclesiasticall sentence passed against the scandalous person . so that when m r prynne saith we have free power not to eate bread with those at our own tables , with whom we have no power or liberty left us by christ , to refuse to eate with them at the lords table , and thereupon supposeth that our argumentation from that text is one principall cause and prop of independency , yea of separation , not onely from sacraments , but from churches : he doth altogether misapprehend the businesse . for . separation from churches is properly a renouncing of membership as unlawfull : our argument concerneth the unlawfulnesse of a particular act , not of a membership in such a church . . the causes and motives of separation suppose either an unlawfull constitution of churches , or an unlawfull government of churches , or both , so farre , that they who separate hold it unlawfnll to continue their membership in churches so constituted and governed , or so much as to communicate and partake in the sacrament with such churches , though they know no scandalous person admitted to the sacrament . . the great mistake lieth in this , that our present controversie is apprehended to be whether every particular christian hath power or liberty from christ to withdraw from the sacrament , because of the admission of a scandalous person . whereas our question is onely of the churches power to suspend a scandalous person from the sacrament , and when the apostle vers . . , . forbiddeth to be mixed or so much as to eate with such and such scandalous members of the church , he meaneth of church-discipline and excommunication , which he had begun to speak of , and so he comes to shew them what kinde of persons c he would have to be excommunicated , and used like that incestuous man. so beza , bullinger , hunnius , gualther , martyr , tossanus , and others upon the place . and long before all these augustine and beda plainly expound the apostles words of a publique ecclesiasticall judgement , past upon one who hath either confessed his offence or is formally accused and convict thereof ; and as they conceive , that text doth not at all justifie but doth rather condemne private christians their separating from the church , because of a mixture of scandalons persons . i know we ought prudently and cautiously to endeavour the avoyding of the company and fellowship of scandalous brethren , though not yet censured in the church , ( which may be proved from other scriptures ) but that is not the point the apostle is here upon : he meanes by no not to eate synecdochically , the whole casting off of an excommunicate person , and all that separation or withdrawing which is commanded to be made from him , or if you will ( by a metonimy of the effect for the cause ) he meanes excommunication it selfe : and however , the words immediately following prove that a publique judiciall act is intended as hath been said before . these things considered , i shall not need to be led out of my way by m r prynnes descanting upon the meaning of cor. . . how farre it prohibits civill communion and eating with a scandalous christian , being a railer or fornicator or idolater , &c. i confesse some of his limitations , as namely , that we may eate with such a●one in cases of expediency or when we can not avoyd it in civility nor without offence , are very lubricke , unsafe , and ensnaring , and at best it s but like that in martials epigramme difficilis , facilis , jucundus , acerbus es idem ; nec tecum possum vivere , nec sine te . but to treat of that case of conscience in generall is not hujus loci ; for this text speaks of not eating with an excommunicate person . neither yet shall i need here to examine m r prynnes six considerations p. , , . which he wisheth to be pondered by separatists and independents misled , ( as he thinks ) by our fallacious argument : i hope he doth not mistake our question so farre as to comprehend the sinfulnesse of any private christian his receiving of the sacrament , when and where some scandalous sinners are admitted to the sacrament , that private christian not being accessary to the sinne of the minister and eldership in admitting those scandalous sinners . wherefore i will adde eight counterballancing considerations to prove from cor. . * the first twelve verses thereof ( all which m r prynne conceiveth can not prove excommunication ) compared with cor. . an ecclesiasticall jurisdiction or power of censures , and particularly of excommunication . . there was a censure inflicted upon the incestuous man by the eldership of the church of corinth , being assembled together cor. . , . where read we that ever the church was intentionally gathered together , to cooperate with an apostle in the exercise of his miraculous apostolicall power ? but we doe read that this mans punishment or censure was inflicted upon him not by the apostle alone but by many , cor. . . erastus pag. ▪ thinks that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( in our bookes rendered punishment , and in the margent censure ) was not excommunication , but onely sharpe objurgation or reproofe . to this i have abundantly answered book . chap. . and in male audis pag. , , . and if it should be granted that the man was not then excommunicate but sharply and publiquely rebuked ( which indeed is the opinion of some ) yet the church of corinth had proceeded to excommunication , had not written to disswade them , if the apostle and take them off with a sufficit , which he neither needed nor would have done , if they had power to doe no more ●o the offender then to rebuke him sharply . to conclude this point , m prynne granteth that cor. . . proveth excommunication ; and why the gathering together , vers . . should not be intended for the same worke , i cannot imagine ? some question there was of old whether the apostles meaning vers . . were not that the corinthians should put away every man out of himselfe the evill of sinne . which augustine having somewhere left in medio , doth in his retractations correct , ( and beda upon the place out of him tels us the very same ) and expound it of the taking away of the evill man from the church by excommunication , because saith he , the greeke can not be rendered hoc malum , but hunc malum . . they who had power to receive him and forgive him , and to confirme their love towards him , had power to cast him out and censure him ; but those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the church officers of the church of corinth had power of the former ; therefore of the latter . see cor. . , . the apostle adviseth them to forgive the offender . how to forgive him ? not as man forgives a private injury : that was not the case . nor onely by the doctrine of remission of sinnes applied to him in foro conscientiae , upon evidence of his repentance : that any one minister might doe . but the apostle will have those many who had censured him consistorially and judicially , to forgive him in the same manner . which is yet further confirmed by that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that confirming of their love towards him vers . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is ratum facere , thence commeth not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . when the apostle will expresse a ratified or confirmed testament galat. . . he cals it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . from the same word erasmus doth collect that the apostle speaketh to them as the ordinary judges who have power to confirme their love to that penitent sinner in an authoritative manner . and why doth the apostle choose a word which properly signifi●th an authoritative confirming or ratifying of a thing , if he were not speaking of a jurisdiction and power of inflicting and taking off againe censures ? . the apostle upon occasion of that offenders case , puts the corinthians in remembrance , that they ought likewise to purge the church from the mixture of other scandalous sinners , cor. . , , , . the chapter both begins and ends with the case of the incestuous man and his punishment ; which makes interpreters conceive , that what is enterlaced concerning other scandalous sinners in the church , is to be understood of such as the apostle would have to be censured in the same manner as that incestuous man. . he instanceth in six cases , ( not intending an enumeration of all the particular cases of excommunication ) fornication , covetousnesse , ( meaning covetousnesse scandalously and grossely manifested , or practicall covetousnesse , for of the heart god onely judgeth ) idolatry , railing , drunkennesse , extortion . his instancing in these , tels us he intends not the case of private civill injuries , but of scandals , yea though the scandall be without the mixture of any civill or private injury , as in the case of an idolater or a drunkard . . and even where there is a private injury wrapt up in the bosome of the scandall , as in railing and extortion , yet the apostle there looketh upon them not qua injuries , but qua scandals ; and in that notion , he will have not onely the party particularly interrested and injured , but the other members of the church also to withdraw communion from the offender ; for he writeth to the whole church of corinth , not to keepe company with such . . when he saith , with such a one no not to ●…ate , he intimates by no not some further and greater punishment than not eating with him , as hath been said before : if not so much as eating with him , then muchlesse church communion with him at the lords table . . he meanes not of that withdrawing whereby each christian may and ought to withdraw familiarity and fellowship from such a notorious scandalous sinner , whose sinne is manifest before hand , that he may keep himselfe pure , and not partake of another mans sinne : in which case a member of one church may withdraw familiar conversing with a scandalous member of another church . but he speakes of such a withdrawing from and avoyding of the fellowship of a scandalous brother , as is done not by one or some few private christians , but by the whole church ( for hee writeth to the whole church of corinth , not to company nor eate with such a one ) i say , by the whole church , whereof the offender was a member : and that not without a judiciall or consistoriall sentence , vers . . doe not ye judge them that are within ? which can not be restricted to the judgement of christian discretion and prudence ( for so both the apostles and they did judge those that were without , to walke circumspectly toward them , col. . . and to beware of their evill . ) but t is meant of censures and punishments inflicted by many , that is , by the presbyters of that church , cor. . . . and so i have touched upon the last consideration , which is this . that as the fault was a scandall given to the church , and the judgement and censure was ecclesiasticall , not civill , so that censure for that offence was inflicted onely upon church members , not upon unbelievers . if an unbeliever did a civill injury to a christian , the christian was free to accuse the unbeliever ( if he saw it good ) before the civill magistrate , and there to seeke judgement and justice . or the christian was free to withdraw civill fellowship from the unbeliever , which did him a civill injury , which i suppose m r prynne will easily grant . but this way of censuring and punishing a scandalous church member , did not agree to an heathen who was an idolater , or drunkard , or extortioner , &c. vers. , , , . thus i have proved church censure from cor. . compared with cor. . without laying the weight of any argument upon tradere sathanae . which i would not have to be understood , as if i yeelded to our opposites , that the delivering to satan is not meant of excommunication . my meaning is onely to make the shorter worke of the erastian antithesis . the weight of their arguments , not of ours , is laid upon tradere sathanae . but for my sence of the word , i am of their opinion who interpret it of excommunication ; and so doth gualther himselfe . so doth the syriack , which readeth , that you ( corinthians ) may deliver such a one to satan . if it was an an act of the church of corinth , then it was a church censure , not a miracle . the greeke doth also carry it to be an act of the church of corinth assembled together . we have also some ( though not all ) of the ancients for us in this particular : as balsamon in canon . epist. basilii ad amphilo●… . c●…n . ● . observeth . basil speaketh of some who at that time had been delivered to satan for yeeres , that they might learn not to carry thnmselves filthily , yea unnaturally , as they had done formerly : concerning whom he adviseth that now after so long a time , they might be ( upon their spontaneous confession of their hainous offence ) received againe into the church . hereupon balsamonn oteth , those are said to be delivered to satan , who are separated from the communion of christians . chap. viii . whether judas received the sacrament of the lords supper . m r. prynne hath filled up a good part of his vindication with the case of iudas , as going very farre in the deciding of this present contoversie . but as protestant writers answer the papists in the case of peter , that it cannot be proved tha● peter was ever bishop of rome , but rather that he was no● ; and if he had , this cannot prove the popes supremacy : the like i say of this case of iudas . m. prynne shall never be able to prove that iudas did receive the sacrament of the lords supper : and if he could prove it , yet it shall not at all helpe that cause which he maintaineth . i begin with the matter of fact , whether iudas received the sacrament of the lords supper , as well as the other apostles , which is the question by him stated . for decision whereof , i hold it necessary , first of all that these two things be premised , concerning the harmony of the evangelists in that matter of iudas , the use whereof we shall see afterwards . matthew and marke tell us christs discourse of the traytor at table , and the discovery of iudas , before the institution of the sacrament . luke hath the same thing after the institution and distribution of the sacrament . so that either matthew and marke speak by anticipation , or luke speaketh by a recapitulation ; that is , either matthew and marke put before what was done after , or luke puts after what was done before . now that there is in luke an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a narration of that after the institution which was indeed before the institution of the sacrament , may thus appeare . . that very thing which luke placeth after the institution and distribution of the sacrament , luk. . , , . behold the hand of him that betrayeth me is with me on the table . and truly the sonne of man goeth as it was determined , but woe unto that man by whom he is betrayed . and they began to enquire among themselves which of them it was that should doe this thing . the very same thing doe matthew and marke record before the institution of the sacrament , matth. . . to . marke . . to . and it is more credible that one of the evangelists is to be reduced to the order of two , rather than two to the order of one . . especially considering that luke doth not relate the businesse of the last supper according to that order wherein things were acted or spoken , as is manifest by luke . . . and he tooke the cup and gave thanks and said , take this and divide it among your selves . this though related before the taking and breaking of the bread , yet it is but by an anticipation or preoccupation , occasioned by that which had preceded vers . . so to joyne the protestation of not drinking againe , with that of not eating againe the passeover with his disciples : therefore beza , salmeron , maldonat , and others following augustine and euthymius doe resolve it is an anticipation , even as paul mentioneth the cup before the bread , cor. . . i know some understand the cup mentioned luke . . to be the paschall cup ; others , to be the cup in the ordinary supper ; but to me its plaine that it was the eucharisticall cup ; yea m r prynne takes it so pag. . because that which luke saith of that cup , that christ tooke it , and gave thankes , and gave it to the disciples , that they might all drinke of it , and told them he would not drinke with them any more of the fruit of the vine till the kingdome of god should come ; all this is the very same which matthew and marke record of the eucharisticall cup. therefore our non-conformists were wont to argue from that place , that the minister ought not to give the sacramentall elements to each communicant out of his owne hand , but that the communicant● ought to divide the elements among themselves , because christ saith in that place , of the cup , divide it among your selves . . luke saith not that after supper , or after they had done with the sacrament , christ told his disciples that one of them should betray him ; onely he addeth , after the history of the sacrament , what chrst said concerning the traytor . but matthew and marke doe not onely record christs words concerning the traytor before they make narration concerning the sacrament , but they record expresly that that discourse and the discovery of the traytor was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as they did eate , matth. . . marke . . now when the evening was come he sate down with the twelve , and immediately followeth , as the first purpose which christ spake of , and as they did eate , he said , verily i say unto you , that one of you shall betray me . which could not be so , if luke relate christs words concerning the traytor in that order in which they were first uttered ; for luke having told us verse . that christ tooke the cup after supper and said , this cup is the new testament , &c. addeth , but behold the hand of him that betrayeth me is with me on the table . so that if this were the true order , christ did not tell his disciples concerning the traytor , as they did eate ( which matthew and marke doe say ) but after they had done eating . if it be said that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may suffer this sence , when they had eaten , or having eaten . i answer , the context will not suffer that sence ; for they were indeed eating in the time of that discourse , matth. . . he that dippeth his hand with me in the dish the same shall betray me , jos. . . he it is to whom i shall give a sop after i have dipped it . . musculus in loc . com . de caen . dom . pag. . gives this reason out of rupertus , why lukes narration of christs words concerning the traytor , is placed by a recapitulation after the sacrament : because luke is the onely evangelist who writeth distinctly of the paschall supper , and what christ said at that supper : and having once fallen upon that purpose , the connexion of the matter did require that he should immediately adde the story of the e●charisticall supper , without interlacing that of the traytor . which reason will passe for good with such as think iudas did eate of the paschalll supper , and that christs words concerning him were spoken at the paschall supper , which i greatly doubt of . . m r prynne pag. . doth in effect grant the same thing that i say ; for he saith , that matthew and marke record that immediatly before the institution of the sacrament , as they sate at meat jesus said unto the twelve , verily one of you shall betray me , whereupon they began to be sorrowfull and to say unto him , &c. he addeth , that iudas was the last man that said , is it i ? immediately before the institution , as matthew records . but of luke he saith onely thus much , that he placeth these words of christ concerning judas his betraying him , after the institution and distribution of the sacrament , not before it . if it be thus as m r prynne acknowledgeth , that matthew and marke record , that christ had that discourse concerning iudas before the institution of the sacrament , then most certainly it was before the institution of the sacrament , because it must needs be true which matthew and marke say . whence ●t will necessarily follow that luke doth not mention that discourse concerning iudas in its proper place , and this doth not offer the least violence to the text in luke , because he doth not say that christ spake these words after the sacrament , onely he placeth these words after the sacrament , as m r prynne saith rightly . when scripture saith that such a thing was done at such a time , it must be so believed . but when scripture mentioneth one thing after another , that will not prove that the thing last mentioned was last done . more plainly master prynne pag. , . tels us that the sacrament was given after christ had particularly informed his disciples that one of them should betray him , which he proves from ioh. . . to . matth. . . to . marke . . to . luke . , , . whence it follows inevitably by his owne confession , that matthew and marke recording that discourse about iudas after the sacrament , doe place it in the proper order ; and that luke mentioning that discourse about iudas after the sacrament , doth not place it in its owne place . this is the first thing which i thought good to premise , which will easily take off the strongest argument which ever i heard alledged for iudas his receiving of the sacrament , namely this , that luke immediately after the institution and distribution of the sacrament addeth , but behold the hand of him that betrayeth me is with me at the table . if these words were not uttered by christ in that order wherein luke placeth them ( which i have proved ) then the argument is not conclusive . the second thing to be premised , is this : that the story which we have ioh . from the beginning to verse . concerning the supper at which christ discoursed of iudas and gave him the sop , after which he went immediately out , was neither in bethany two daies before the passeover , as the antidote animadverted tels us pag . nor yet after the institution of the sacrament , as m r prynne tels us , vindic. pag. . herein differing either from himselfe or his friend . that supper in bethany , the pamphlet saith , was two daies before the passeover ; but some interpreters collect from iohn . , . it was longer before ; christ having come to bethany six daies before , and after that supper the next day christ did ride into ierusalem on a young asse , and the people cried hosanna , joh. . . the very story which we have matth. . marke saith that two daies before the passeover the chiefe priests and scribes sought how to put christ to death , but he doth not say that the supper in bethany was two daies before the passeover . but of this i will not contend , whenever it was , it is not much materiall to the present question , there was nothing at that supper concerning iudas , but a rebuking of him for having indignation at the spending of the alabaster box of oyntment , and from that he sought opportunity to betray christ : but the discourse between christ and his apostles concerning one of them that should betray him , and their asking him one by one is it i ? was in the very night of the passeover , as is cleare matth. . , , to . marke . , to . so that the story ioh. . . to . being the same with that in matthew and marke , could not be two daies before the passeover . and if two daies before christ had discovered to iohn who should betray him , by giving the sop to iudas , how could every one of the disciples ( and so iohn among the rest ) be ignorant of it two daies after , which made every one of them to aske is it i ? finally , that very night in which the lord jesus did institue the sacrament , the disciples began to be sorrowfull , and began to enquire which of them it was that should betray him , matth. . . marke . . luke . . but if christ had told them two daies before that one of themselves who did sit at table with him should betray him , surely they had at that time begun to be sorrowfull and to aske every one is it i ? that which hath been said doth also discover that other mistake that the discourse at table concerning the traytor , and the giving of the sop to iudas ioh. . was after the institution of the sacrament . if it were after , then either that in iohn is not the same with the discourse concerning the traytor mentioned by matthew and marke ; or otherwise matthew and marke speake by anticipation . but i have proved both that the true order is in matthew and marke , and that the discourse concerning the traytor mentioned by iohn must be in the evangelicall harmony put together with that in matthew and marke , as making one and the same story . and if this in iohn had been posterior to that in matthew , then why doth m r prynne himselfe joyn these together as one , pag. , . these things premised , i come to the arguments which prove that iudas did not receive the sacrament of the lords supper . the first argument ( which was by me touched in that sermon so much quarrelled by m r prynne ) is this . it is said of iudas , ioh. . . he then having received the sop went immediatly out . but this sop or morsell was given him before the sacrament , whiles they were yet eating the other supper , at the end whereof christ did institute the sacrament . therefore iudas went away before the sacrament . let us heare m r prynnes four answers to this argument , pag. , . first , saith he , iudas went not out till after supper , iohn . . and supper being ended , &c. answ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will not prove that the supper was fully ended . the centurists gent. . lib. . cap. . explaine iohn . . thus , magnâ caenae hujus parte peractâ , a great part of this supper being done ; yea the greek may be as well turned thus , when they were at supper , as the late english annotations have it . ludovicus de dieu chooseth this sence . salmeron and others proue it from verse . he riseth from supper , with vers . ▪ he sate down againe to supper , and dipped the sop . take but two like instances in this same story of the passion , matth. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 now when jesus was in bethany , not , after jesus was in bethany . matth. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 now when the even was come , not , when the even was ended . his second answer , that all the other three evangelists prove that iudas was present at the sacrament , is but petitio principii . thirdly ( saith he ) the sacrament was not instituted after supper , but as they sat at supper . answ. it was indeed instituted while they were sitting at supper , or before they rose from supper , so that they were still continuing in a table gesture ; yet the actions must needs be distinguished , for they did not at the same instant receive the sacrament , and eate of another supper too . and though it be said of the bread , that as they did eate , jesus tooke bread , yet of the cup paul and luke say , that jesus tooke it after supper , that is , after they had done eating ; therefore certainly after iudas got the sop and went away , at which instant they had not done eating . neither is there any ground at all luke . . to prove that he tooke the cup during supper , as m r prynne conceiveth . but finding no strength herein , he addeth : that some learned men are of opinion that christ had that night first his paschall supper , at the close whereof he instituted his own supper . secondly , an ordinary supper which succeeded the institution of his own , in imitation whereof the corinthians and primitive christians had their love feasts , which they did eat immediately after the lords supper : and this is more then intimated john . v. , , to , &c. therefore lukes after supper he tooke the cup , must be meant onely after the paschall supper , not th●… other supper . answ. i verily believe that beside the paschall and eucharisticall suppers , christ and his disciples had that night a common or ordinary supper , and so think calvin and beza upon matth. . . pareus upon matth. . . fulk on . cor. . . cartwright ibid. and in his harmony lib. . pag. . pelargus in ioh. . quaest . . tossanu●… in matth. . tolet and maldon●… upon iohn . . iansenius cone . evang . cap. . and divers others . i am very glad that m r prynn●… grants it ; and i approve his reason , that in the paschall supper we read of no sops , nor ought to dip them in . the jewes indeed tell us of a sauce in the passeover which they call chareseth : but i suppose christ kept the passeover according to the law , and did not tie himselfe to rites which had come in by tradition . i could bring other reasons to prove an ordinary supper , if it were here necessary . but what gaineth m r prynne hereby ? surely he loseth much , a● shall appeare afterwards . . whereas he thinks the common supper at which christ did wash his disciples feet , and discover iudas , and give him the sop , was after the sacrament , as i know not those learned men that thinke as he doth in this point , so ●t is more than he can prove . the contrary hath been proved from matthew and marke who record that the discourse concerning iudas was while they were eating that supper which preceded the sacrament ; so that the giving of the sop to iudas must be before the sacrament . but after the sacrament both matthew and marke doe immediately adde , and when they had sung a hymne they went out into the mount of olives . . as for that of the corinthians , the very place cited by himselfe maketh against him , cor. . . for when they came together to eate the lords supper , every one did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first take his owne supper , and that in imitation of christ who gave the sacrament after supper . so aquinas , lyra , and others following augustine . this taking first or before , d hath reference to the sacrament ; because it is spoken of every one who came to the lords table , every one taketh before his owne supper , which made such a disparity that one was hungry and another drunken at the sacrament , the poore having too little , and the rich too much at their owne supper . . the example of the ancient christians will helpe him as little . i finde no such thing in tertullians apologetik , as the eating of the love feasts immediately after the lords supper . but i finde both in the e african canons and in f augustine , and in g walafridus strabo that once in the yeere ( and oftner by divers ) the sacrament was received after the ordinary meat for a commemoration of that which christ did in the night wherein he was betrayed . it had been formerly in use among diver● to take the sacrament ordinarily after meat , till the african councell discharged it , as laurentius de la barre observeth in the notes upon tertullian pag. . edit . paris . . augustine epist. . cap. . & . answereth certaine quaeries of ianuarius , concerning eating or not eating before the sacrament . he saith that christ did indeed give the sacrament after supper , and that the corinthians did also take it after supper : but that the scripture hath not tied us to follow these examples , but left us at liberty . and upon this ground he defendeth the churches custome at that time of taking the sacrament fasting , for greater reverence to the ordinance . but in this he speakes plainly , h that when christ was eating with the disciples , and telling them that one of them should betray him , he had not then given the sacrament . with augustines judgement agreeth that epistle of chrysostome , where answering an objection which had been made against him , that he had given the sacrament to some that were not fasting , he denieth the fact , but addeth , if he had done so , it had been no sinne , because christ gave the sacrament to the apostles after they had supped . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . let them depose , saith he , the lord himselfe , who gave the communion after supper . in commemoration whereof the ancient church ( even when they received the sacrament fasting at other times , yet ) upon the passion day called good friday received it after meales , as i proved before . and this i also adde by the way , that though ▪ paul condemneth the corinthians for eating their love feast in the church , yet he allowes them to eate at home before they come to the lords table , as the centurists , cent . . lib. . cap. . pag. . prove from cor. . . and if any man hunger let him eate at home , that ye come not altogether unto condemnation . casaubon exerc. . pag. . edit . francof . . thinks it was in imitation of christs example that those egyptians mentioned by socrates did take the sacrament at night after they had liberally supped 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , being filled with all sorts of meats . i conclude therefore that when luke saith after supper he took the cup , the meaning is , after both paschall and common supper , and that there was no other eating after the sacrament that night , and so consequently the giving of the sop to iudas must needs be before the sacrament ; and his going out immediately after the sop proves that he did not receive the sacrament . but m r prynne gives us a fourth answer , which is the last ( but a very weake ) refuge . the word immediately , saith he , many times in our common speech signifieth soon after , or not long after , as we usually say we will doe this or that immediately , instantly , presently , whenas we mean onely speedily , within a short time . answ. . this is no good report which m r prynne brings upon the english tongue , that men promise to doe a thing immediately , when they do not mean to doe it immediately . i hope every conscientious man will be loath to say immediately , except when he meanes immediately , ( for i know not how to explaine immediately , but by immediately ) and for an usuall forme of speaking , which is not according to the rule of the word , it s a very bad commentary to the language of the holy ghost . . and if that forme of speech be usuall in making of promises , yet i have never known it usuall in writing of histories , to say that such a thing was done immediately after such a thing , and yet divers other things intervened between them . if between iudas his getting of the sop and his going out did interveene the instituting of the sacrament , the taking , blessing , breaking , distributing , and eating of the bread , also the taking and giving of the cup , and their dividing it among themselves , and drinking all of it ; how can it then be a true narration that iudas went out immediately after his receiving of the sop . . neither is it likely that satan would suffer iudas to stay any space after he was once discovered , lest the company ▪ and conference of christ and his apostles should take him off from his wicked purpose . . gerard having in his common places given that answer , that the word immediately may suffer this sence , that shortly thereafter iudas went forth ; he doth professedly recall that answer in his cotinuation of the harmony cap. . p. . and that upon this ground , because iudas being mightily irritated and exasperated ▪ both by the sop , and by christs answer , ( for when iudas asked is it i ? christ answered thou hast said ) would certainly breake away abruptly and very immediately . so much of the first argument . the second argument ( which i also touched in my sermon ) was this . as christ said to the communicants , drinke ye all of it , matth. . . and they all dranke , matth. . . so he saith to them all , this is my body which is broken for you , this is the cup of the new covenant in my blood , which is shed for you , luke . . . but if iudas had been one of the communicants , it is not credible that christ would have said so in reference to him , as well as to the other apostles . this argument m r prynne p. . doth quite mistake , as if the strength of it lay in a supposed particular application of the words of the institution to each communicant , which i never meant , but dislike it as much as he : the words were directed to all , in the plurall . this is my body broken for you , &c. my blood shed for you , &c. m r prynne conceives that it might have been said to iudas , being meant by christ , onely conditionally , that his body was broken , and his blood was shed for him , if he would really receive them by faith . jonas schlichtingius a socinian in his booke against meisnerus pag. . though he supposeth as m r prynne doth that iudas was present at the giving of the sacrament , yet he holds that it is not to be imagined , that christ would have said to iudas , that his body was broken for him . and shall we then who believe that the death of jesus christ was a satisfaction to the justice of god for sinne ( which the socini● believe not ) admit that christ meant to comprehend iudas ●mong others , when he said this is my body which is broken for you ? ministers doe indeed offer christ to all upon condition of believing , being commanded to preach the gospell to every creature , and not knowing who are reprobates : but that christ himselfe ( knowing that the sonne of perdition was now lost , that the scripture might be fulfilled iohn . . ) would in the sacrament ( which is more applicative then the word , and particularizeth the promises to the receivers ) so speake , as that in any sence those words might be applied to iudas , that even for him his body was broken and his blood shed ; and that thereupon the seales should be given him , to me is not at all credible ; and i prove the negative by foure arguments : ( though i might give many more ) . if christ did in reference to iudas meane conditionally that his body was broken , and his blood shed for him , if he would believe ( as m r prynne holds ) then he meant conditionally to save the sonne of perdition whom he knew infallibly to be lost , and that he should be certainly damned and goe to hell , and that in eating the sacrament he would certainly eate and drinke judgement to himselfe ( all which m r prynne himselfe pag. . saith christ infallibly knew ) but who dare thinke or say so of jesus christ ? suppose a minister knew infallibly that such a one hath blasphemed against the holy ghost , ( which sinne the centurists and others thinke to have been committed by iudas , which could not be hid from christ ) and is irrecoverably lost , and will be most certainly damned , durst that minister admit that person to the sacrament , and make those words applicable to him so much as conditionally ; this is the lords body broken for you : this is the blood of the new covenant shed for you unto remission of sinne ? how much lesse would christ himselfe say so , or mean so in reference to iudas ? . if christ would not pray for iudas , but for his elect apostles onely , and such as should believe through the word of the gospell , then he meant not so much as conditionally to give his body and blood for iudas . ( for if he meant any good to iudas , so much as conditionally , he would not have excluded him from having any part at all in his prayers to god. ) but christ doth exclude iudas from his prayer , iohn . not onely as one of the reprobate world vers . . but even by name vers . . giving him over for lost , and one that was not to be prayed for . . love and hatred in god and in his sonne jesus christ , being eternall and unchangeable , ( for actus dei immanentes sunt aeterni ) it followeth that if there was such a decree of god , or any such meaning or intention in christ , as to give his body and blood for iudas , whom he knew infallibly to be lost : and since that same conditionall meaning or intention could not be without a conditionall love of god and of christ to iudas and his salvation : this love doth still continue in god , and in christ , to save iudas now in hell upon condition of his believing , which every christian i thinke will abominate . . that conditionall love and conditionall intention or meaning , could not have place in the sonne of god. for as spanhemius doth rightly argue in his late learned exercitations de gratia universali pag. . it doth not become either the wisdome or goodnesse of god to will and intend a thing upon such a condition as neither is nor can be . and pag. . he saith , that this conditionall destination or intention cannot be conceived , as being incident onely to such as doe neither foreknow nor direct and order the event , and in whose hand it is not to give the faculty and will of performing the thing . which can not without impiety be thought or said of god. thus he . the third argument ( which i shall now adde ) is that whereby hilarius can. . in matth. and innocentius the third lib. . de mysterio miss . cap. . prove that iudas received not the sacrament , neither was present at the receiving of it . because that night while iudas was present , christ in his gracious and comfortable expressions to his apostles did make an exception , as iohn . , . ye are cleane , but not all . for he knew who should betray him , therefore said he , ye are not all cleane , vers . . i speak not of you all , i know whom i have chosen . so vers . . even as before joh. . . have not i chosen you twelue , and one of you is a divell . but at the sacrament all his sweet and gracious speeches are without any such exception , this is my body which is given for you , &c. yea he saith positively of all the apostles to whom he gave the sacrament , i will not drinke henceforth of this fruit of the vine , untill that day when i drinke it new with you in my fathers kingdome , matth. . . and this he saith nnto them all , as it is cleare from vers . . drinke ye all of it . againe , luke . , , . ye are they which have continued with me in my temptatoons . and i appoint unto you a kingdome as my father hath appointed unto me . that ye may eate and drinke at my table in my kingdome , and sit on thrones judging the twelve tribes of israel . would not christ much more have excepted iudas in these expressions , if he had been present , seeing he had so often excepted him before ? as for m r prynnes reasons from scripture to prove that iudas did receive the sacrament , they are extreamely inconcludent . first , he saith , that matthew , marke , and luke , are all expresse in terminis , that christ sate down to eate the passeover , and the twelve apostles with him ; that iudas was one of those twelv● , and present at the table ; that as they sate at meat together , jesus tooke bread , &c. that he said of the cup , drinke ye all of it ; and marke saith they all dranke of it . answ. . the three evangelists are all expresse in terminis , that when even was come , christ sate down with the twelve ; as likewise that the twelve did eate with him that night ; but that the twelve apostles were with him in the eating of the passeover , they are not expresse in terminis , and i have some reasons which move me to thinke that iudas did not eate so much as of the passeover that night ▪ whereof in the proper place . . and if he had been at the passeover , that proves not he was at the lords supper . when christ tooke the cup and said , drink ye all of it , it was after supper , that is , after the paschall supper , as m r prynne himselfe gives the sence . . when marke saith , they all dranke of it , he means all that were present , but iudas was gone forth . his argument supposeth that iudas was present , which being before disproved , there remaines no more strength nor life in his argument . that which he addeth pag. , . if it have either strength or good sence , i confesse the dulnesse of my conception . he would prove from matthew and marke that immediately before the institution of the sacrament , christ told his disciples that one of them should betray him , and they all asked is it i ? and that therefore certainly the sacrament was given to iudas , because he was the last man that said is it i ? immediately before the institution . and further ( saith he ) luke placeth these words of christ concerning iudas his betraying of him , after the institution , which manifesteth that iudas was present at the sacrament . his inference is this , that seeing iohn averreth , chap. . v. . that all this discourse , and the giving of the sop to iudas was after supper , and the other three evangelists agreeing that christ instituted and distributed the sacrament , as they did eate , before supper quite ended , it must follow that iudas did receive the sacrament . answ. . but how doth this hang together , first to argue that iudas received the sacrament , because christs discourse concerning iudas , and iudas his question is it i ? were immediately before the institution of the sacrament : and againe to prove that iudas did receive the sacrament , because christs discourse about iudas was after supper ended , and after the sacrament which was instituted before supper ended ? the one way of arguing destroyeth the other . . for that in matthew and marke , that christ discoursed of the traytor , and that iudas said is it i ? before the institution of the sacrament , i confesse ; but that it was immediately before the institution of the sacrament the evangelists doe not say , neither doth he prove it . iudas went out after that discourse and the sop , and how much of the consolatory and valedictory sermon ( which beginneth iohn . . ) was spent before the distribution of the sacrament , who is so wise as to know ? . for that in luke , i have proved that though he sets down the things , yet not in that order wherein they were done : which is also the opinion of grotius upon that place . and for that iohn . . supper being ended , i have answered before . shall we in the next place have a heape of humane testimonies concerning iudas his receiving of the sacrament ? i see so much light from scripture to the contrary , that i shall not be easily shaken with the authority of men : yet it shall not be amisse a little to trie whether it be altogether so as he would make us believe . he saith we goe against all antiquity , pag. . and against the most and best of protestant writers , pag. . yea , that all ages have received it as an indubitable verity that iudis received the sacrament , pag. . no sir , soft a little . the truth is the thing hath been very much controverted both among the fathers , and among papists , and among protestant writers . i have found none so unanimous for iudas his receiving of the sacrament as the lutherans , i endeavouring thereby to prove that the wicked hypocrites and unbelievers doe in the sacrament eate the true body of christ , and drinke his true blood , yet ( as hot as they are upon it ) they acknowledge it is no indubitable verity , they cite authorities against it as well as for it . see gerhard harm . evang . cap. . brachmand tom. . pag. . neither doe the lutherans make any such use of iudas his receiving of the sacrament as master prynne doth : for they hold that not onely excommunicated persons , but scandalous and notorious sinners , not yet excommunicated , ought to be kept backe from the lords table : see gerhard loc . com . tom. . , , . where he proves distinctly that all these ought to be excluded from the lords supper . . hereticks . . notorious scandalous sinners . . excommunicated persons . . possessed persons , furious persons , and idiots . . infamous persons , who use unlawfull arts , as magitians , negromancers , &c. and for the exclusion of scandalous sinners he citeth the ecclesiasticall electorall constitutions . l. osiander enchir. contra anabap. cap. . quaest . . tels us that the lutheran churches exclude all known scandalous persons from the sacrament . but it is strangest to me that m r prynne will not give credit to some of the testimonies cited by himselfe . theophylact. enar in matth. . saith quidam autem dicunt quod egresso juda , tradidit sacramentum aliis discipulis , proinde & nos sic facere debemus , & malos à sacramentis abarcere . idem enar . in marc. . quidam dicun●… ( but who they were appeares not saith m r prynne , in any extant worke of theirs ) iudam non fuisse participem sacramentorum , sed egressum esse priusquam dominus sacramenta traderet . shall we take this upon m r prynnes credit , that it doth not appeare in any extant worke of theirs ? nay , let him take better heed what he saith , and whereof he affirmeth . in the next page he himselfe excepteth one , which is hilary ; but except him onely , he saith that all the ancients unanimously accord herein , without one dissenting voyce . but see now whether all is to be believed that m r prynne gives great words for . t is well that he confesseth we have hilary for us . first therfore let b the words of hilary be observed . next i will prove what he denieth , namely that others of the ancients were of the same opinion . clemens lib. . constit . apost . cap. . after mention of the paschall or typicall supper , addeth these words , as of the apostles , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but when he had delivered to us the antitype mysteries ( so called in reference to the paschall supper ) of his precious body and blood , judas not being present with us . i doe not owne these eight bookes of the apostolicall constitutions , as written by that clemens who was pauls fellow-labourer , phil. . yet certainly they are ancient as is universally acknowledged . dionysius areopagita ( or whosoever he was that anciently wrote under that name ) de ecclesiastica hierarchia cap. . part . . sect . . speaking of the same bread , and the same cup , whereof all the communicants are partakers , he saith that this teacheth them a divine conformity of manners , and withall cals to mind christs supper in the night when he was betrayed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in quo caena : so ambrose the monke in his latine translation , and iudoeus clichtoveus in his commentary , in which supper ( for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 relates to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the supper before mentioned , and signifieth the time of supper , or after supper was begun . ; so the graecians use to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to signifie in the time of sicknesse ) the authour himselfe of those symbols doth most justly deprive or cast out him ( judas ) who had not holily and with agreement of mind supped together with him , upon holy things . by these holy things he understands ( it should seem ) the typicall or paschall supper , of which iudas had eaten before , and peradventure that night also , in the opinion of this ancient . iudocus clichteveus in his commentary saith onely , that iudas did that night eate together with christ cibum , meate , he saith not sacramentum . this ancient writer is also of opinion that christ did excommunicate iudas , or as clichtoveus expounds him , à caeterorum discipulorum caetu aequissime separavit , discrevit & dispescuit . if you thinke not this cleare enough , heare the ancient scholiast maximus to whom the centurists give the testimony of a most learned and most holy man : he flourished in the seventh century , under constans , he was a chiefe opposer of the monothelites , and afterwards a martyr . his scholia upon that place of dionysius , maketh this inference 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that after judas had gone forth from supper , christ gave the mystery to his disciples . againe , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . where note , that to him also , ( that is , to iudas ) he ( christ ) gave of a mysticall bread ( meaning the unleavened bread of the passeover ) and cup ( meaning the cup drunke at the paschall supper ) but the mysteries ( that is , the eucharisticall bread and cup , commonly called the mysteries by ancient writers ) he gave to his disciples after judas went forth from supper , as it were because judas himselfe was unworthy of these mysteries . adde hereunto the testimony of georgius pachymeres , who lived in the thirteenth century : in his paraphrase upon that same place of dionysius , he saith that christ himselfe the author and institutor of this sacrament , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . christ doth cast out and separate or excommunicate most justly judas , who bad not holily supped together with him . for having given to him also of a mysticall bread and cup , he gave the mysteries to the disciples alone , after be went forth from supper , thereby as it were shewing that judas was unworthy of these mysteries . by the mysteries which maximus and pachimeres speake of , and which they say christ gave to his disciples , after iudas was gone forth . , i can understand nothing , but the eucharisticall supper , the elements whereof are very frequently called the mysteries by the ancients , as hath been said . and if any man shall understand by these mysteries the inward graces or things signified in the lords supper , then what senoe can there be in that which maximus and pachimeres say ? for christ could as easily keepe backe from iudas , and give to his other disciples , those graces and operations of his spirit , when iudas was present among them , as when he was cast out . so that it could not be said that christ did cast out iudas in order to the restraining from him , and giving to the other disciples , the invisible inward grace signified in the sacrament , as if the other apostles had not received that grace at the receiving of the sacrament , but that iud●…s must first be cast out , before they could receive it ; or as if iudas had received the inward grace , if he had not gone out from supper . the sence must therefore be this , that iudas as an unworthy person was cast out by christ , before he thought fit to give the sacrament of his supper unto his other apostles . unto all these testimonies adde ammonius alexandrinus de quatuor evangeliorum consonantia , cap. . where he hath the story of iud●…s his receiving of the sop , and his going forth immediately after he had received it : thereafter cap. . he addeth the institution and distribution of the lords supper , as being in order posterior to iudas his going forth . so likewise before him tacianus doth make the history of the institution of the sacrament to follow after the excluding of iudas from the company of christ and his apostles : which neither of them had done , if they had not believed that iudas was gone before the sacrament . with all these agreeth l innocentius the third , who holdeth expresly that the sacrament was not given till iudas had gone forth : and that there is a recapitulation in the narration of luke . moreover as it is evident by the forementioned testimonies of theophylact that some of the ancients did hold that christ gave not the sacrament to iudas : so also the testimony cited by m r prynne out of victor antiochenus beareth witnesse to the same thing : sunt tamen qui judam ante porrectam eucharistiae sacamentum exivisse existiment . but yet ( saith he ) there are who conceive that judas went forth before the sacrament of the eucharist was given . and with these words m r prynne closeth his citation out of victor antiochenus . but i will proceed where he left off . the very next words are these , sane johannes quiddam ejusmodi subindicare videtur . certainly i●…hn seemeth to intimate some such thing . which is more then halfe a consenting with those who thinke that iudas went forth before the sacrament of the lords supper . i shall end with two testimonies of rupertus tuitiensis , m one upon the sixth : n another upon the thirteenth of iohn . the latter of the two speaketh thus , being englished . but we must know , that , as it hath been also said before us , if judas after the sop did goe forth immediately , as a little after the evangelist saith , without doubt , he was not present with the disciples at that time when our lord did distribute unto them the sacrament of his owne body and blood . and a little after , therefore by the lords example the good ought indeed to tolerate the bad in the church , untill by the fanne of judgement the graine be separated from the chaffe , or the tares from the wheate : but yet patience must not be so farre void of discerning , as that they should give the most sacred mysteries of christ , to unworthy persons whom they know to be such . as for moderne writers , this present question hath been debated by salmeron tom. . tract . . and by d r kellet in his tricaenium lib. . cap. . both of them hold that iudas did not receive the lords supper . mariana on luke . . citeth authors for both opinions , and rejecteth neither . gerhard harm . evang. cap. , citeth for the same opinion , that iudas did not receive the lords supper , ( beside salmeron ) turrianus and barradius : and of ours danaeus , musculus , kleinwitzius , piscator , & alii complures , saith he , and many others . adde also zanchius upon the fourth command . gomarus ( who professedly handleth this question upon iohn . ) o beza puts it out of question , and p tossanns tels us it is the judgement of many learned men , as well as his owne . q musculus following rupertus , concludeth that certainly iudas was gone forth , before christ gave the sacrament to his apostles . so likewise r diodati and s grotius . by this time it appeareth that m r prynne hath no such consent of writers of his opinion , or against mine , as he pretendeth . as for those ancients cited by m r prynne , some of them ( as origen and cyrill ) did goe upon this great mistake that the sop which christ gave to iudas , was the sacrament ; which errour of theirs is observed by interpreters upon the place . no marvell that they who thought so , were also of opinion that iudas received the sacrament of the lords supper ; for how could they choose to thinke otherwise , upon that supposition ? but now the later interpreters , yea m r prynne himselfe having taken away that which was the ground of their opinion , their testimonies will weigh the lesse in this particular . chrysostome thinks indeed that iudas received the sacrament , but he takes it to be no warrant at all for the admission of scandalous persons : for in one and the same homily , hom. . in matth. he both tels us of iudas his receiving of the sacrament , and discourseth at large against the admission of scandalous persons . as for bernard m r prynne doth not cite his words nor quote the place . oecumenius ( in the passage cited by m r prynne ) saith that the other apostles and iudas did eate together communi mensa , at a common table ; but he saith not at the sacrament of the lords supper . that which oecumenius in that place argueth against , is the contempt of the poore in the church of corinth , and the secluding of them from the love feasts of the richer sort . now , saith he , if christ himselfe admitted iudas to eate at one and the same table , with his other disciples , ought not we much more admit the poore to eate at our tables ? m r prynne tels us also that nazianzen in his christus patiens agreeth that iudas did receive the lords supper together with the other apostles . i answer , first i finde no such thing in that place . next , those verses so entituled , are thought to be done by some late author , and not by nazianzen , as io. new enklaius in his censure upon them noteth , and giveth reason for it . cyprians sermon de ablutione pedum , as it is doubted of whether it be cyprians , so the words cited by m r prynne doe not prove the point in controverfie . the other testimony cited out of cyprians sermon de caena domini , as it is not transcribed according to the originall , so if m r prynne had read all which cyprian saith in that sermon against unworthy receivers , peradventure he had not made 〈◊〉 of that testimony . the words cited out of ambrose doe not hold forth clearely iudas his receiving of the eucharisticall supper . the words cited out of augustine epist. . iudas accepit pretium nostrum , are not there to be found , though there be something to that sence . it is no safe way of citations to change the words of authors . this by the way . as for his other three citations out of augustine tract . . . & . in ioh. i can not passe them without two animadversions . first , the greatest part of those words , which he citeth as augustines words , and also as recited by beda in his commentary on cor. . is not to be found either in augustine or beda in the places by him cited ; viz. these words : talis erat judas , & tamen cum sanctis discipulis undecin●… intrabat & exibat . ad ipsam caenam dominicam pariter accessit , conversari cum iis potuit , eos inquinare non potuit : de uno p●…ne & petrus accipit & judas ; & tamen quae pars fideli & infideli ? petrus enim accepit ad vitam , manducat judas ad mortem : qui enim comederunt indigne judicium sibi manducat & bibit sibi , non tibi , &c. of which last sentence if m r prynne can make good latine , let him doe it , ( for i can not ) and when he hath done so , he may be pleased to looke over his bookes better to seeke those words elsewhere , if he can finde them , for as yet he hath directed us to seeke them where they are not . my next animadversion shall be this . the words of augustine , which m r prynne alledgeth for iudas his receiving of the sacrament , are these , tract . . in joh. num enim mala erat buccella quae tradita est judae à domino ? absit . medicus non daret venenum : salutem medicus dedit , sed indigne accipiendo ad perniciem accepit , quia non pacatus accepit . thus the originall , though not so recited by m r prynne : but that i passe , so long as he retaines the substance . yet how will he conclude from these words that iudas received the sacrament of the lords supper , unlesse he make augustine to contradict himselfe most grossely : for tract . . in joh. ( another place whether m r prynne directeth us , ) speaking of christs giving of that buccella or sop to iudas , he saith , non autem ut putant quidam negligenter legentes , tunc judas christi corpus accepit : but judas did not at that time receive the body of christ , as some negligently reading doe thinke . which words beda also in his comment on ioh. . hath out of augustine . it is augustines opinion that the sacrament was given before that time , at which iudas was present . that which m r prynne citeth out of algerus ( a monke , who in that same booke writeth expresly for transubstantiation ) maketh more against him then for him . for algerus takes the ●eason of christs giving the sacrament to iudas , to be this , because his perverse conscience though knowne to christ was not then made manifest , iudas not being accused and condemned : so that he was a secret , not a scandalous sinner . thus farre we have a taste of m r prynnes citations of the ancients . peradventure it were not hard to finde as great flaws in some other of those citations . but it is not worth the while to stay so long upon it . among the re● he citeth haymo bishop of halberstat for iudas his receiving of the sacrament . but he may also be pleased to take notice that haymo would have no notorious scandalous sinner to receive the sacrament , and holds that a man eats and drinks unworthily qui gravioribus criminibus commaculatus praesumit illud ( sacramentum ) sumere ; that is , who being defiled with haynous crimes presumeth to take the sacrament ; but if he had thought it ( as master prynne doth ) the most effectuall ordinance , and readiest meanes to worke conversion and repentance , he could not have said so . that which m r prynne pag. . citeth out of the two confessions of bohemia and belgia , doth not assert that for which he citeth them . for neither of them saith that iudas did receive the sacrament of the lords supper . the belgik confession saith an evill man may receive the sacrament unto his own condemnation . as for example , judas and simon magus both of them did receive the sacramentall signe . i can subscribe to all this ; for it is true in respect of the baptisme both of iudas and simon magus . but i must here put m r prynne in minde , that the thing which he pleads for , is extreamly different from that which the belgick churches hold . for harmonia synodorum belgicarum cap. . saith thus , nemo ad caenam dominicam admittatur , nisi qui fidei confessionem ante reddiderit , & disciplinae ecclesiasticae se subjecerit , & vitae inculpatae testes fideles produxerit . let no man be admitted to the lords supper , except he who hath first made a confession of his faith , and hath subjected himselfe to the church discipline , and hath proved himselfe by faithfull witnesses to be of an unblameable life . the other confession of bohemia saith that iudas received the sacrament of the lord christ himselfe , did also execute the function of a preacher , and yet he ceased not to remaine a divell , an hypocrite , &c. this needeth not be expounded of the lords supper ( which if he had received , how did he still remaine an hypocrite ? for that very night his wickednesse did breake forth and was put in execution ) but of the passeover received by iudas once and againe , if not the third time . that chapter is of sacraments in generall , and that which is added , is concerning ananias and his wife , their being baptised of the apostles . however the very same chapter saith that ministers must throughly looke to it , and take diligent heed lest they give holy things to dogs , or cast pearles before swine . which is there applied to the sacraments , and is not understood of preaching and admonishing onely as m r prynne understands it . also the booke entituled ratio disciplinae ordinisque eccles●…astici in unitate fratrum bohemorum cap. . appointeth not onely church-discipline in generall , but particularly suspension from the lords table of obstinate offenders . finally , whereas m. prynne citeth a passage of the antiquated common prayer booke , as it hath lost the authority which once it had , so that passage doth not by any necessary inference hold forth that iudas received the sacrament , as d. kellet sheweth at some length in his tricaenium . the citation in which m. prynne is most large , is that of alexander alensis part . . quaest. . membr . . art . . sect . . ( though not so quoted by him ) but for a retribution , i shall tell him three great points , in which alexander alensis in that very dispute of the receiving of the eucharist , is utterly against his principles . first , alexander alensis is of opinion that the precept matth. . . give not that which is holy to dogs , neither cast ye pearles before swine , doth extend to the denying the sacrament to known prophane christians ; for both in that section which hath been cited , and art . . sect . . answering objections from that text , he doth not say , that it is meant of the word , not of the sacrament , and of infidels , hereticks , persecutors , not of prophane ones : but he ever supposeth , that the ministers are forbidden by that text , to consent to give the sacrament to prophane scandalous sinners . secondly , alexander alensis holds , that christs giving of the sacrament to iudas , is no warrant to ministers to give the sacrament to publique notorious scandalous sinners , though they doe desire it . and thus he resolveth ib. art . . sect . . if the priest know any man by confession to be in a mortall sinne ; he ought to admonish him in secret , that he approach not to the table of the lord : and he ought to deny unto such a one the body of christ , if he desire it in secret . but if he desire it in publique , then either his sinne is publique or secret . i●… publique , he ought to deny it unto him ; neither so doth he reveale sinne because it is publique : if private , he must give it , lest a worse thing fall out . thirdly , alexander alensis holds the sacrament of the lords supper , not to be a converting , but a confirming and conserving ordinance ibid. art . . sect . . his words i shall cite in the debating of that controversie . chap. ix . whether judas received the sacrament of the passeover that night in which our lord was betrayed . mr prynne ( distrusting peradventure the strength of his proofes for iudas his receiving of the lords supper ) betakes himselfe to an additionall argument pag. . all our antagonists , saith he , and the evangelists clearely agree that jud●…s did eate the passeover with christ himselfe , as well as the other apostles : now the passeover was a type of the lords supper , &c. it seems he had not the notes of my sermon truly ( though he endeavour to confute it ) for i did then , and i doe still make a very great question of it , whether iudas did so much as eate the passeover at that time with christ and the other apostles : and i thinke i have very considerable reasons which make it probable that iudas did not eate the passeover that night with christ and the apostles . the resolution of this question depends upon another , whether christ and his apostles did eate the passeover before that supper at which he did wash his disciples feet , and gave the sop to iudas ( after the receiving whereof iudas immediately went out ) or whether that supper was before the eating of the passeover . i finde t some others as well as my selfe have been of opinion that it was before , not after the passeover ; ( yea that the jewish custome was to eate their common supper before the passeover . see m. weemse his christian synagogue pag . ) i finde also ammonius alexandrinus de quatuor evangeliorum consonantia cap. . placeth that supper mentioned iohn . , , , . at which jesus did wash his disciples feet , and when he had done sate down againe , and told them that he who was eating bread with him should betray him . then cap. . he proceedeth to the story of the paschall supper , in which he conceiv●th the sop was given to iudas ; but in this particular he did much mistake ; for the sop was given at the same supper mentioned iohn . , , , . and not at the paschall supper ( as m prynne also acknowledgeth , ) this is cleare , that ammonius placeth the common supper at which christ did wash his disciples feet , and told them of the traitor , to have been before the paschall supper . i will first tell the reasons that incline me this way , and then answer the objections which may seem to be against it . the reasons are these : . the orientall custome was to wash before meal , not after they had begun to eate . . this supper ( in which the sop was given to iudas , whereupon he went away ) was before the feast of the passeover , joh. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , meaning immediately before the feast of the passeover , it being reckoned from the time of eating the paschall lambe , and so before the feast of the passeover , hath the same sence as luke . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the pharisee wondred that christ had not washed before dinner , that is immediately before dinner . so here i undestand before the feast of the passeover , that is immediately before the time of eating the paschall lambe , which was the beginning of the feast of the passeover . you will say perhaps that christ did not eate the passeover upon the same day that the jewes did , and so those words before the feast of passeover , may be understood before the passeover of the jewes , not before the passeover of christ. i answer , whether christ and the jewes kept the passeover at one time , is much debated among interpreters . baronius , toletus , and divers others hold that christ did eate the paschall lambe upon the same day with the jewes . scaliger , causabon , and others hold the contrary . the question hath been peculiarly debated between ioh. cloppenburgius , and ludovicus capellus , yet so that capellus ( who followes scaliger and casaubon ) acknowledgeth that both opinions have considerable reasons , and both are straitned with some inconveniencies . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de ultimo christi paschate pag. . & . for my part , i shall not contend : but admit the distinction of christs passeover and the jewes passeover ; yet saith maldonat upon ioh. . . i doubt not but iohn understands christs passe-over ; for all the evangelists in the story of the last supper when they speake of the passeover , they mean christs passeover , and it was the true passeover according to the law. . that which makes many to thinke that christ did eate the passeover before that other supper in which he gave the sop to iudas , is a mistake of the jewish custome , which as they conceive was to eate other meat after , but none before the paschall lambe . now to me the contrary appeareth , namely , that whatsoever the jewes did eate before the paschall supper , in the night of the passeover , was eaten before the paschall supper , and it was among them forbidden to eate any thing after the paschall supper . which may be proved not onely by that talmudicall canon ( cited by d. buxtorf in hist. instit . caenae dom. ) which saith , the passeover is not eaten except after meal : but also more plainly by w liber rituum paschalium lately translated and published by rittangelius : and by another canon cited by x martinius . but there are two arguments which may be brought to prove that iudas did eate the passeover with christ and the apostles . . because that supper at which iudas got the sop , was after the paschall supper , for it is said iohn . . supper being ended . which must be meant of the paschall supper . i answer these words may very well be understood not of the paschall supper , but of that other supper at which the sop was given to iudas . and as for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : some greeke copies have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and nonnus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : so the sence were as augustine expounds , supper being prepared and ready and set on table . but be it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the matter is not great ; for there is no necessity of expounding 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thus , when supper was done or ended . it may suffer other two sences . one is , that of augustine , when it was supper time , or when supper was set on table . and this sence is followed by a●…binus fl●…us alcuinus lib. de divinis officiis , artic. de caena domini . circa v●…speram vero caenâ factâ , id est paratâ , & ad convivantium mensam usque perductâ , non transactâ neque ●…initâ , surgit jesus à caenâ & p●…it vestimenta , &c. so likewise mariana upon ioh. . . tels us that caenâ factâ , may well be expounded , caenâ paratâ , or ante caenam , or cum caenae tempus adesset , which he cleareth by the like formes of speech in other scriptures . secondly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may very well be translated , when supper was begun , or when they were at supper , as i have before shewed by like instances in the new testament , matth. . . . things permanent as a house , or the like are said to be factae , when they are ended and compleate . but things which are successive are said to be factae , when they are begun , as dies factus , not when the day is ended , but when it is begun . so here , there can be no more proved from the words , but that supper was begun , or they were at supper . this sence is given by osiander , erasmus , ●…ossanus harm . evang . part . cap. . beside the centuri●ts , salmeron , and lud. de dieu before cited . the other argument may be this . matthew , marke and luke , after they have told of the making ready of the passeover , adde that christ sate 〈◊〉 with the twelve . ans. . it cannot be proved , that this is meant of sitting down to eate the passeover ; nay , it rather appeareth from the text , that it was to eate that other supper , at which the sop was given to iudas ; the same discourse and questioning concerning the traytor , which iohn sets down before iudas his getting of the sop and going out ; is recorded by ma●…thew and marke , to have been in that first supper , unto which christ sate down with the twelve when even was come . therefore christs sitting down with the twelve matth. . , . mark ▪ . , . ●eing spoken of that supper at which christ told his disciples that one of them should betray him , and every one asked is it i ? ( which by m r prynnes confession was not the paschall , but the ordinary supper . ) it followeth that the sitting down with the twelve is not meant of the passeover , but of an ordinary supper before the passeover . . the same words of christs sitting down with the twelve are expounded ( though upon other considerations ) as spoken in reference not to the paschall , but the ordinary or common supper , by lorinus in psal. . . following maldonat , and by gerhard . harm . evang. cap . p. . their reason is , because according to the law , the passeover was to be eaten standing , not sitting : but that is more then can be proved from the law which doth not so much as speake of standing at the first passeover . it is no necessary consequence : they had their stav●s in their hands , ergo they were standing . this by the way . . granting that christs sitting downe with the twelve were spoken of the paschall supper , yet the paschall supper being after the other supper , at which iudas got the sop and went away ( which i now suppose for the reasons before-mentioned till i see better reasons to the contrary . ) it might be said , after iudas was gone , that christ sate down with the twelve , as well as cor. . . it is said of christ risen from the dead , he was seen of cephas , then of the twelve , though he was seen onely of the eleven , and iudas was gone to his place . which answers all that can be said from luke . , . if i have not said so much , as to put it out of all question that iudas did not eate of the passeover with christ and his apostles , yet i am sure i have cleared so much as this , that master prynne will not be able to prove convincingly that iudas did eate of the passeover that ●ight with christ. i will conclude with the pious observation of m r cartwright : that it was not a vaine or idle question , which the disciples propounded , ( being commanded to prepare the passeover ) they aske , where wilt thou that we prepare ? luke . , . for christ having commanded them , that into whatsoever city they entered , they should enquire who were godly therein , and turne in to such , to lodge and to eate there ; they did thereby easily understand , that if in common and ordinary eating together , then much more in this sacred feast , they must turne in to the families of the godly , and avoyd the prophane ; especially considering that they who were of that houshold were to eate the passeover with christ and his disciples , according to the law. from this very example of the passeover he drawes an argument for keeping off all ungodly and prophane persons from the sacrament , so farre as is possible . thus cartwright harm . evang. lib. . pag. . the like observation chrysostome hath upon matth. . . i will keepe the passeover at thy house with my disciples . he bids us marke those words with my disciples : not with prophane or scandalous ones , but with my disciples . to the like purpose titus bostrorum episcopus in luke . hath this observation . non manducat autem hoc pascha cum judaeis , sed tantum cum discipulis suis : siquidem judaei , propter obstinatam incredulitatem , hoc paschate indigni erant . yet he eateth not this passeover with the jewes , but onely with his own disciples : for as much as the jews , because of their obstinate incred●…lity , were unworthy of this passeover . chap. x. that if it could be proved that judas received the lords supper , it maketh nothing against the suspension of known wicked persons from the sacrament . i have now done with the first part of this controversie concerning iudas , and have disproved that which m r prynne hath said either for iudas his receiving of the sacrament of the lords supper , or for his eating of the passeover . in which particulars , though learned and godly divines who are against the admission of scandalous sinners to the sacrament , are not all of one opinion , yet all looke upon it as a matter of debate , and i know none that ever cried downe with scorne and contempt the opinion of iudas his not receiving of the sacrament , excep● m r prynne whose grounds are oftimes weakest where his assertions are strongest . i proceed to the second answer . granting that iud●…s did receive the sacrament , that can make nothing for the admission of scandalons sinners whose prophannesse and ungodly conversation is knowne , and maketh their name to stinke in the church . for iudas his wickednesse was not publique nor knowne before he had got the sop and gone out , and left the company of christ and the apostles . and moreover he who argueth from christs receiving of iudas to the sacrament , when though his sinne was yet secret , yet christ knew him to be a divell ; to prove that the eldership may and ought to admit one to the sacrament , whom they know to be a iudas , a divell : may as well argue from christs choosing of iudas to be an apostle when he knew him to be a divell , to prove the lawfulnesse of the elderships choosing of a minister whom they know to be a divell . but now for that point of the scandall or secresie of iudas his sinne , let us heare m r prynnes reply , pag. , . he gives it foure feet to runne upon . but the truth is , it hath but two ( the same things being twice told ) and those how foundered you shall see by and by . first he saith , that at the time when christ instituted the sacrament he foretold the disciples that iudas should betray him iohn . . to . matth. . . to . marke . . to . luk●… . , , . more plainly pag. . he saith , christ did admit iudas , to eate the passeover and sacrament with his other disciples , and they made not any s●…ruple of conscience to communicate with him in both , no not after christ had particularly informed them , and iudas himselfe , that he should betray him , matth. . . to . answ. . it was but just now that m r prynne told us , ( to manifest that iud●…s was at the sacrament ) that luke placeth christs words concerning iud●…s , after the sacrament , not before it . and more expressely he told us out of iohn that christs discourse about iudas , and his informing of the disciples that one of them should betray him , and his giving the sop to iudas , was after the sacrament , because it was after supper end●d , the sacrament being instituted and distributed before supper ended vindic. pag. , . & . the same thing which before he made to be after the sacrament , to prove that iudas did receive the sacrament , the very same he now makes to be before the sacrament , that he may prove iudas a scandalous ●inner and a known traitor , even before his receiving of the sacrament . and shall he thus abuse not onely his reader , but the word of god it selfe with palpable and grosse contradictions ? i shall beseech him in the feare of god to looke to it , and never more to take this liberty to put contrary sences upon the holy scripture , so as may seeme to serve most for his present advantage . surely such lucubrations are not onely subitane but sinfull . . his answer which now he gives us doth clearely yeeld these two things : . that the discourse about the traytor , and the giving of the sop , i●…hn . . to vers . . was before the sacrament ; now iudas having gone out immediately after the sop , hereby master prynne strengthneth my argument which i brought to prove that iudas did not receive the sacrament ; which argument in this very particular he formerly opposed . . he hath here also yeelded that these words luke . , , . but behold the hand of him that betrayeth me is with me on the table , &c. though mentioned after the sacrament ( which is the most colourable argument for iudas his receiving of the sacrament ) yet were spoken before the sacrament , and that the order of time is not to be gathered from luke but from matthew and marke who record that discourse about iudas before the sacrament . and in yeelding this , he takes off his own strongest argument , and confirmes what i have before taken pains to prove . . those divines that hold iudas did receive the sacrament , doe conceive that those words , but behold the hand of him that betrayeth me , &c. were indeed spoken after the sacrament , and that luke placeth them in their proper place . and so holding that the discourse about the traytor was after the sacrament , they doe thereby intimate that iudas was not knowne to be the traytor , till after the sacrament . wherefore either a man must quit the most considerable argument for iudas his receiving of the sacrament , or else acknowledge that iudas was not knowne by the disciples to be the traytor till after the sacrament . . when after the giving of the sop christ said to iudas , that thou dost , doe quickly , no man at the table knew for what intent he spake this unto him , john . . but if christ had particularly informed them that iudas was the traytor , how is it that they could have been so altogether ignorant of christs intent , as to thinke that he was still trusting iudas with the buying of what they had need of against the feast , or with giving to the poore ? hence lud. capellus spicileg . in joh. . collecteth that when iohn asked of christ , who it was , and when christ said , he it is unto whom i shall give the sop , this was but a secret conference , and the rest of the disciples did not heare it : else they could not have been so ignorant of it . . the places cited by m r prynne doe not prove that christ did particularly tell and informe his disciples that iudas ( but that one of them ) should betray him . christ made it known to iohn alone by the signe of giving the sop , ioh. . . yea theophylact. upon ioh. . thinkes , that as the other apostles heard not what christ said to iohn concerning the traytor , so iohn himselfe even at that instant could hardly imagine that iudas would commit so great wickednesse . nullus ergo cog●…vit , saith he , no man did know it , which he gathers from the words of john himselfe , vers . , . bucerus in matth. . . holdeth the same . i know some thinke it was made knowne to all the disciples by that math. . then jud●…s which betrayed him answered and said , master is it i ? he said unto him , thou hast said . but others answer that it is not certaine that christ said this to iudas in the hearing of all the disciples : also that these words thou hast said , are not a cleare affirmation of the thing . lud. capellus spicileg . in matth. . admitteth these words thou hast said , to be affirmative of that which had been said . but he moves this doubt : when iudas had said is it i ? he did not affirme the thing , but doubted of it . how then did christ returne such an answer as agreeth to that which iudas had said , as if it had been a positive truth . he gives this solution , that christ as searcher of the heart did speake it to iudas , who was in his conscience convinced that he was the man , and so assenteth to the truth of that testimony of his conscience . now this could not be certainly known to the other apostles . for my part i shall not need to contend much about that : for granting it to be a cleare information to all the disciples that iud●…s was the traytor , yet ( by their principles who hold iudas did receive the sacrament ) this was after , not before the sacrament , for they make the anticipation to be in matthew and marke , and the true order to be in luke . . beside that of the french catechisme , which saith the impiety of iudas was concealed , and not broken forth into the light and knowledge of men when the sacrament was given : take these other testimonies , martyr . in cor. . et quod attinet ad judam , peccatum ejus non erat cognitum atque perspectum , nec ullo judicio convictum . gerhard . harm . evang. cap. . pag. , iudae scelus nondum erat in lucem productum , sed anim●… suo illud ad●…c ela●…sum tenebat . the same he hath in his common places tom. . pag. . where he sheweth that iudas receiving of the sacrament maketh nothing for the admission of scandalous persons ; because although iudas had gone to the chiefe priests and agreed with them , this was knowne to none of the disciples , at that time , but to christ himselfe onely . nay the testimony cited by m r prynne himselfe out of algerus de sacram. maketh strongly against him in this particular : quia enim saith algerus ) judas accusatus & damnatus non fuerat , ideo christus conscientiam ejus perversam , quamvis sibi notam damnare noluit . for because judas was not accused & condemned , therefore christ would not condemne ( openly ) his perverse conscience , though known to himself . innocentius . in the place above cited de myst . missae lib. . cap. . after he hath asserted that iudas did not receive the lords supper , he addeth , that if it should be granted that iudas did receive it , this onely will follow at most , that ministers are to admit to the sacrament such as are not known to the church , to be impious or wicked , as iudas his wickednesse was not at that time knowne to the disciples . likewise both chrysostome and theophylact upon iohn . are cleare in this , that iudas hypocrisie was not detected to the apostles till christ did separate him , and he went forth . moreover i shall minde m r prynne how he himselfe doth apply this example of iudas in his independency examined , pag. , . he argueth thus : whether independents refus●…ll to admit such christians who are not notoriously scandalous in their lives , nor grossely ignorant in the principles of religion , to the sacrament of the lords supper , &c. onely upon this suspition or apprehension , that they are but carnall men , not truly regenerated or sanctified by gods spirit ( though they can not certainly judge of their present spirituall conditions infallibly known to god alone ) be not a very uncharitable arrogant , yea unchristian practice , contrary to our saviours owne immediate example , who at the first institution of this sacrament admitted iudas to his last supper , as well as his disciples , though he certainly knew him to be both a traytor and a divell . in which argumentation he himself supposeth that iudas was not notoriously scandalous , nor knowne to the disciples , ( but to god and christ alone ) to be a traytor and divell . for otherwise he could not in any reason argue thus against the independents : because if this supposition be not laid downe that iudas was an unregenerate yet not a scandalous person : then the independents had this obvious answer , that if his argument prove any thing , it doth conclude the admission not onely of unregenerated and unsanctified , but of scandalous persons , to the sacrament ; whereas he brings it to prove against them , that persons not scandalous , though unregenerate , ought not to be refused the sacrament . and now he brings the same thing against us to prove that scandalous persons ought to be admitted , if not excommunicated , and desirous to receive the sacrament . he tels us by the way of iudas his theevish , covetous , as well as traiterous disposition iohn . . both which did make him scandalous . but he might have observed , that the holy ghost sheweth plainly that in that act iudas was not a scandalous sinner in the esteeme of the other disciples ; for his theevish covetous disposition was not known to the disciples ; yea the pretext of his care for the poore was so plausible to them ( though abominable to christ who knew his heart ) that it is said , not onely of iudas , but of the disciples ( by his instigation ) they had indignation at the wasting of that which might have been sold for much and given to the poore , matth. . . let us now heare m r prynnes other answer vindic. pag. , . he tels us that though perchance the other disciples did not know that iudas was a traytor and a divell , yet christ himselfe did infallibly know all this of iudas , and did notwithstanding admit him to the sacrament . whereupon he beseecheth all ministers not to make themselves wiser , holier , rigider in this point then christ himselfe . answ. . if ministers did take upon them to suspend men from the sacrament upon their owne private knowledge of some secret sinnes whereof those men are guilty : his argument might say somewhat . but the question being of suspension by the eldership upon the notoreity or proofe of the offence , and consis●oriall formall conviction of the offender , he saith here nothing to that point . . what a minister should do when he certainly knows one of the congregation ( not convict nor notoriously scandalous ) to be a iudas , a traytor , a divell , i will not now dispute . but surely m r prynnes reason why the minister ought to admit such a one , is not rightly applied , * for christ did then know iudas to be a traytor and a divel , but how ? not as man , by sight , information , or the like , but as god and as omniscient , that is , he knew iudas by that same knowledge whereby he knows close hypocrites in whom no eye of man hath seen any thing scandalous , but rather good and promising signes ; some of this kind no doubt are admitted to the sacrament both among presbyterians and independents , whom christ knowes to be iudasses , because he knows what is in man. but now for a minister to know ( not the heart and the reines as christ doth , but ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some foule act which a man hath done , and some wicked profession which a man hath made , though in private , and not yet known to the world ; this is a very different case from the other , and if christ had admitted iudas to the sacrament , knowing him by his divine knowledge to be a traytor , this could not prove , that a minister ought to admit a traytor , whom by his humane knowledge he knows to be such . . and if that which christ did in this particular ought to be a president to ministers what to doe in like cases : then as christ had a most sad and moving discourse about the traytor , till iudas himselfe was made to understand , that christ knew his traiterous purpose , and then he said to him , that thou dost doe quickly , which x diverse doe rightly conceive to be as much , as if christ had said to him , get you gone , i have no more to doe with you : he spake it , ut a consortio suo recederet , that he might be gone out of his company , as ambrose takes it : and thus did by the sword of his mouth chase away and as it were excommunicate iudas before the sacrament . so should a minister ( if he see one in the congregation whom he certainly knows to be a iudas , and to be living in some abominable wickednesse , even whiles he comes with a professed desire to receive the sacrament ) tell the congregation , that he knows and sees one amongst them whom he certainly knows to be guilty of such a particular secret horrible sinne , and ( if it be possible ) make the sinner himselfe to know by such or such a signe , that he is the man whom he speakes of , and not to leave off powerfull checks , sharpe rebukes , terrible comminations , till by the blessing of god and the power of the word , he get such a one terrified and chased away . . it shall not be in vaine to observe here that gamachaeus in tertiam partem thomae quaest. . c. . though he hold that christ gave the sacrament to iudas ( whence he argueth that the sacraments doe infallibly worke ex opere operato , where no barre is put , though there be no faith nor devotion exercised in the receiver ) yet he doth immediately move this objection , it is unlawfull to give the sacraments to the unworthy , and to such as live in mortall sinne . whereunto y he answereth , that it is indeed unlawfull to ministers to give the sacrament to the unworthy , when they can refuse them without scandall ( a restriction which i suppose m r prynne dare not owne ; for if the lawfulnesse or unlawfulnesse of the thing must be determined by the scandall , they goe upon a very slippery ground . ) he addeth that it is unlawfull to us to follow gods example in giving holy things to the unworthy , as it is unlawfull to follow his example in the permitting of sinne when we can hinder it . the like i finde in alexander alensis , summa theol. part . . quaest. . membr . . art . . sect . . where he moves this objection in the question , whether christ gave the sacrament to iudas . christ himselfe hath commanded , give not that which is holy to dogs , &c. and it seems he would not doe the contrary of that which himselfe commandeth . unto this objection his answer is , that this prohibition lieth indeed upon the ministers , dispencers of the sacraments , but bindeth not christ himselfe the law-maker . as long therefore as we are able to prove from scripture , that scandalous persons ought to be keep back from the sacrament , and that it is unlawfull for church ▪ officers to admit such ; the erastians doe but weakly helpe themselves by arguing from christs giving the sacrament to iudas . which i have said by way of concession : for my opinion is , that christ did upon the matter excommunicate iudas , and that his practice in this very particular is a patterne to us , which i hope i have made evident . finally , it is observed by io. baptista de rubeis in his novum rationale divinorum officiorum lib. . cap. . that this cause of iudas doth not concerne publique and known scandalous persons , but secret and lurking wicked persons , when they publikely desire to receive the sacrament ; who yet ( saith he ) ought to be admonished and dehorted by the minister , that they come not to the sacrament : and if such a one make his desire to receive the sacrament secretly known to the minister , the minister ought to refuse him , though his sinne be yet secret , and not publiquely known . * but if the sinne be open or manifest , then whether the sinner do secretly or openly desire to receive the sacrament , the minister ought to refuse him . chap. xi . whether it he a full discharge of duty to admonish a scandalous person of the danger of unworthy communicating ? and whether a minister in giving him the sacrament after such admonition , be no way guilty ? mr. prynne pag. . stateth the seventh point in difference thus , whether the minister hath not fully discharged his duty and conscience if he give warning to unworthy communicants of the danger they incurre by their unworthy approaches to the lords table , and seriously dehort them from comming to it , unlesse they repent , reforme , and come preparedly ? but here he much mistakes his marke , or hitteth it not , as may appeare thus . first , what if we should affirme it , as he doth ? what hath he gained thereby ? that the minister hath not the power of keeping backe scandalous persons : which cannot adde one dram weight to his cause . the power is seated in the eldership , of which the minister is a principall member : even as aristotle polit . lib. . cap. . tels us that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it is not the senator but the senat that doth rule . but if m r prynne meant to conclude against the suspension of scandalous persons not excommunicated ( the thing which all along he opposeth , ) he ought to have stated the point thus , whether the eldership hath not fully discharged their duty , &c. for every branch of this controversie concerning suspension ( which is an act of jurisdiction and censure ) must be fixed upon the eldership , not upon the minister . there is a huge difference between the ministers personall duty , and the censure of suspension : in so much that if the affirmative of this present question ( as he stateth it ) were yeelded to him ; it derogateth nothing from the power of the eldership to suspend from the sacrament a person not excommunicate . secondly , in the debating of this point he sometimes argueth against the refusing or withholding of the sacrament by any minister or presbytery as pag. , , . sometimes he argueth that no ministers private judgement or conscience ought to be the rule of his admitting any to , or suspending them from the sacrament , as pag. . which is a confounding together of two most different points . thirdly , and if the question should be stated of the minister his duty , that which m r prynne affirmeth , viz. that the minister hath fully discharged his duty and conscience , if he give warning to unworthy communicants of the danger they incurre by their unworthy approaches , to the lords table , and seriously dehort them from comming to it , unlesse they repent , reforme and come preparedly ; is erroneous and false : for there are other necessary duties incumbent to the minister , in this businesse : as . he must be earnest in his prayers to god , for the conversion and reformation of such unworthy persons , else that god would give his spirit and assistance to the eldership , and others to whom the case shall be brought , that they may faithfully doe their duty in restraining such persons : or ( if not so ) that god would by his owne providence keepe backe such persons , or hedge up their way with thornes , and make a wall , that they shall not finde their pathes to come and prophane the lords table . . the minister must deale seriously with the eldership by informations , exhortations , and admonitions , to move them to doe their duty . . the minister must give his owne vote and sentence in the eldership against the admission of such persons . . if ( which god forbid ) the eldership be not willing to doe their duty , but sinfully neglect it , the minister ought to addresse himselfe with his complaints to the superiour ecclesiasticall assemblies ( as they lie in their order ) that they may interpose by their authority , to rectifie the mal-administration of the congregationall eldership . . and if it should fall out that a scandalous unworthy person should finde so much favour in the higher assemblies also , as that they shall judge him fit to be admitted to the sacrament ; yet if the minister know him certainly to be a scandalous abominable person , and be also cleere in his conscience , that the matter of scandall is sufficiently proved , he must not doe an unlawfull act in obedience to men , but walke by that apostolicall rule , tim. . . be not partaker of other mens sinnes ; keep thy selfe pure . in doing whereof , he doth not make his conscience the rule of inflicting any censure and particularly of suspending from the sacrament ( which must be done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by many ) but yet his conscience so sarre as it is informed and illuminate by the word of god , is a rule to him of his owne personall acting or not acting , notwithstanding of which the offender stands rectus in curia , and is not excluded by the sentence of any ecclesiasticall court. i confesse a minister ought to be very cleare in his conscience , and be perswaded ( not upon suspicions , surmises , or such like sleight motives , but ) upon very certaine grounds , that the sentence of an eldership , classis , or synod is contrary to the word of god , before he refuse to doe the thing . but what may be the reason why m r prynne is so large upon this point from pag. . to ? i take not upon me to judge de intentione operantis . but the intentio operis is to yeeld somewhat in lieu of suspension from the sacrament , which yet shall be no church censure nor act of jurisdiction , and so to make the discipline of suspension ( yea and excommunication too ) to be of no necessary use in the church . for if it be sufficient and a full discharge of duty , to admonish unworthy scandalous persons , not to come to the lords table , unlesse they repent and reforme , this cuts off the necessity of censure , whether suspension or excommunication . as for that admonition or warning to be given , it is no church censure , nor act of jurisdiction , especially when given by the minister alone ; for no ecclesiasticall jurisdiction can be excercised , or censure inflicted by any one man , how eminent soever in the church . yea when it is a consistoriall or presbyteriall admonition , it is not properly a censure , but a degree to censure . . because admonition doth not exclude a person from any church priviledge nor from communion in any ordinance . and how can one be said to be under church censure , who still enjoyeth all church priviledges ? . if consistoriall admonition be a binding , where is the loosing of that bond ? every censure consistorially inflicted , must be also consistorially taken off , upon repentance appearing in the party . these things i doe but t●uch , that i might make it appeare how m r prynnes doctrine tendeth to strip elderships out of all jurisdiction or power of censures . now come we to the particulars , wheren i doe not finde any great matter to insist long upon . he ●irst premiseth six conclusions . supposed conclusions he may make them , but proved conclusions they are not . the first of them is indeed ushered in syllogistically , but very weakly , as shall appeare . the strength of his discourse he contracteth into this argument . those who have a true right to the sacrament , as visible members of the visible church , ought not in justice or conscience to be deprived of it , in case they demand it , by any minister or presbytery . but all unexcommunicate christians , who are able to examine themselves , as visible members of the visible church , have a true right to the sacrament , in case they doe demand it , when publiquely administred . ergo , they ought not in justice or conscience be deprived of it , by any minister or presbytery , when publiquely administred , if they shall require it . answ. first , this is fallacia plurium interrogationum ; for these words , as visible members of the visible church , both in the major and minor , clogge and confound the argument , and patch up two distinct propositions into one . secondly , his major cannot be admitted without a distinction . there is ius ad rem , and ius in re . there is a remote right , or a right in actu primo , th●t is , such a right , relation , or habitude as entitleth a person to such a priviledge or benefit , to be enjoyed and possessed by him when he shall be capable and fit to enjoy it : such is the right of a minor to his inheritance : such was the right of lepers of old to their t●nts , houses , and goods , when themselves were put out of the camp , and might not ( during their leprosie ) actually enjoy their own habitations : such is the right which a man hath in england to his sequestred estate , lands , and houses ; he doth not lose but retaine his right , title , charters and deeds ( as valid in law , and not made voyd or null ) and may be againe admitted to the actuall possession upon satisfaction given to the state : and a huge difference there is between sequestration , and forfeiture or outlawry . there is againe a proxime right , or a right in actu secundo , which rendereth a person actually and presently capable of that thing which he is entituled unto . if m r prynnes major be understood of the first kind of right , i deny it . if of the second kind of right , i admit it , and it doth not help his opinion , nor hurt mine . thirdly , yea himselfe must needs admit an exception from his major proposition , for by his owne principles , those that have a true right to the sacrament , as visible members of the visible church , may be excommunicated and so deprived , not onely of the sacrament , but of all other publique ordinances . when he tels us here that nothing but an actuall excommunication can suspend them from this their right , he doth but begge that which is in question . and if his argument conclude against a lesser suspension from their right , why not also against the greater ? fourthly , he hath not proved his minor , especially being understood of the second kind of right , which renders me● actually and presently capable of the thing . he saith that the sacraments were bequeathed by christ , to his visible church on earth , and all visible members of it . which he hath not proved , and i deny it , except it have this limitation , all visible members of the visible church , which are ( visibly or in externall profession and conversation ) qualified according to the rule of christ , and against whose admission to the sacrament there is no just exception . fifthly , when he concludeth , that no unexcommunicated christians who are able to examine themselves ( that is , as himselfe hath explained , who are not naturally disabled as children , and fooles : though he shall finde it a very hard taske to prove , that all other unexcommunicate christians besides these , are able to examine themselves ) ought in justice or conscience to be deprived of the sacrament by any minister or presbytery : he doth upon the matter conclude , that the ordinances of parliament octob. . . and march . . authorising presbyteries to suspend from the sacrament scandalous persons unexcommunicated , are contrary to all justice and conscience . n. b. sixthly , as touching that limitation yeelded by himselfe , that they must be such as are able to examine themselves , i aske , . are persons grossely ignorant able to examine themselves ? . are drunken persons able to examine themselves ? . are men of corrupt minds and erroneous , yea prophane principles , who call evill good , and pervert scripture to the defending of some grosse sinnes , are these able to examine themselves ? . are those who are known that they had never any worke of the law upon their consciences to convince or humble them ( for by the law is the knowledge of sinne ) able to examine themselves ? if the answers be affirmative , then surely this selfe-examination is not ri●htly apprehended what it is . if the answers be negative ; then those who in their address●s to the lords table are found ignorant , or drunke , or defenders of sinne , or presumptuous and unconvinced , and doe manifestly appeare such , though they be not excommunicated , and being professed christians , and desiring the sacrament , yet ought not to be admitted . i proceed to his second conclusion , the strength whereof ( so farre as i am able to gather from his discourse ) may be drawn together into this argument . such as in all ages , yea by the very apostles themselves , have been deemed fit to receive , and could not be denied the sacrament of baptisme , ought to be ( being baptised and unexcommunicated , and willing to communicate ) admitted to the sacrament of the lords supper . but in all churches from christs time till this present , all externall professors of christ , even carnall persons , onely upon a bare externall profession of faith and repentance , were deemed fit to receive , and were never denied the sacrament of baptisme ( yea , saith he , we read in the very apostles times that a meere externall sleight confession of sinne , and profession of the christian faith , was sufficient to enable sinners to be baptized ergo , all externall professors of christ , &c. ought to be admitted to the sacrament of the lords supper . answ. . i retort the argument thus . such as have been deemed by the apostles and by all well constituted churches , unworthy to be admitted to baptisme , ought also to be deemed unworthy though baptised ) to be admitted to the lords supper . but all known wicked and prophane livers , how able and willing so ever to make confession of the true christian faith , have been by the apostles and all w●ll con●ituted churches deemed unworthy to be admitted to baptisme . ergo , all known wicked , &c. more of this afterward chap . and chap . secondly , i answer directly , i distinguish the major , i deny the minor. i distinguish the major : those who have been admitted to baptisme ought to be admitted to the lords supper caeteris paribus , if the proportion hold in the particulars , and if they be as free of scandalous sines now when they desire to receive the lords supper , as they were when they desired to receive baptisme . he needed not make so great a matter of our suspending from the sacrament a person formerly deemed fit to receive baptisme . for why ? the person is a scandalous person now which he was not th●n . my limitation of caeteris paribus he himselfe ▪ must admit ; otherwise how will he defend his owne principle , that the flagicious , abominable and obstinate sinners who cannot be reduced by admonitions , may and ought to be excommunicated , and so to be cut off from the lords supper , and all other publike ordinances , although formerly deemed sit to receive baptisme ? the minor i utterly deny as most false and as a reproach ca● upon the apostles themselves . m r prynnes rule is so large , that turkes or pagans who practically live in idolatry , common swearing , adultery , drunkennesse , murthering , stealing , or the like , and are known to live in those abominable scandalous sinnes , ought neverthelesse up●…n a meere externall sleight confession of sinne , and profession of the christian faith , be baptised . when i expected his proofe from the apostles times , he onely tels us that philip baptized simon magus though he were in the gall of bitternesse and bond of iniquity , acts . yea , saith he , many other who turned wolves , apostates , hereticks were baptised by the very apostles , acts . . tim. . if he had proved that simon magus was known to be in the gall of bitternesse and bond of iniquity when philip did baptize him , or that the apostles did baptise any ( upon a sleight externall profession ) who were then known to be wolves , apostates , and hereticks , he had said more for his cause then all his booke saith beside . but to tell us that some persons baptized ( he might as well have said that some persons who received the lords supper did appeare afterward to be in the gall of bitternesse , wolves , apostates , heretickes , is as much as to travell , and to bring forth nothing . for how shall ever this reach the admission of known prophane persons to the lords supper ? that which he had to prove was the admission ( not of hypocrites , but ) of knowne scandalous profane persons to baptisme . his third conclusion that it is the ministers bounden duty to administer the sacraments to their people , as well as to preach and pray ; no man will deny it , so that the ministers doe it debito modo , and according to the rule of christ : they are stewards of the mysteries of god : moreover it is required in stewards that a man be found faithfull , cor. , . it is the bounden duty of stewards to give the childrens bread to children and not to dogges and swine . it is not the duty of ministers to preach peace to the wicked , and much lesse to seale it to them who are knowne to be such . the fourth conclusion , that the word and sacraments are set accidentally for the fall and ruine , as wel as for the salvation of men ▪ maketh nothing to the purpose in hand . whatever the secret intention of god be , and his unsearchable judgement upon the soule of this or that man , it is no rule of duty to the minister or eldership . to the law and to the testimony . secret things belong to god. the fifth , that god onely infallibly knows the hearts , and present state of all men , is no whit neerer the point the eldership ●udggeth of words and works , professions and practises . by their fruits ye shall know them . the sixth , that no ministers private judgement or conscience ought to be the rule of his admitting any to , or suspending them from the sacrament , is also wide from the controversie in hand , which is concerning the elderships ( not the ministers ) power . of the ministers personall duty i have spoken before . these six conclusions premised ▪ m r prynne proceeds to prove , that a minister in delivering the sacrament to a scandalous unexcommunicated person , who after admonition of the danger , doth earnestly desire to receive it , &c. becomes no way guilty of his sinne or punish●…ent , in case be eate or drinke judgement by his unworthy receiving of it . his first reason , because this receiver hath a true right to this sacrament , as a visible member of the visible church , is the same thing which i have already answered . his second reason , because ●…e ( the minister ) hath no commission from christ to keep back such a person , doth not conclude that the minister becomes no way guilty &c. he had to prove that a minister hath no commission touching this businesse , but onely to admonish the person of the danger . i hold there are other five duties incumbent to the minister . of which before , if any of these duties be neglected , the minister is guilty . whether such a person ought to be kept backe is the point in controversie , and therefore he ought not have taken the negative pro confessò . his third reason pag. . is the same which was used by z erastus as one of his arguments against excommunication , that the apostle saith , let a man examine himselfe , and so let him eate of that bread , and drink of that cup. cor. . . therefore a mans fitnesse or unfitnesse for the sacrament , is not to be judged by others , but by himselfe onely , and if he judge himselfe fit , the eldership hath no power to exclude him . the same scripture is here pressed against us by m r prynne to prove , that if a man judge himselfe fitly prepared , joynes with others in the publique confession of his sinnes , and promiseth newnesse of life , the minister ( he should say the eldership ) ought in point of charity to deem him so , and hath no commission from christ to exclude him , &c. let a man therefore examine himselfe , not others , or others him . i answer , . the self-examination there spoken of , is not mentioned as exclusive : for it is not said , let a man examine himselfe onely . . yet i can grant it to be exclusive , it being understood of that judging of a mans selfe , which prevents the judgement of god vers . . no mans examining of another can doe this , but his examining of himselfe . that which can give us confidence and boldnesse before god , and assure our hearts before him , joh. . . is not the examination or approbation of others , but of our owne conscience ; for what man knowes the things of a man , save the spirit of man which is in him ? cor. . . the pastors and elders of corinth had admitted some to the lords table , whom they judged sit and worthy communicants , but god judged otherwise of them . therefore saith the apostle , let a man make a narrow search of his owne conscience , and not rest upon the judgement of others . . if it be enough for a man to examine himselfe , by what warrant doth m r prynne require more , namely , that a man joyn with others in the publique confession of his sinnes , and promise newnesse of life . . it is not enough for a notorious scandalous sinner to judge himselfe , nor yet to joyne with others in publique confession : but he must publiquely and particularly confesse his owne sinne , which he must doe personally , or for his own part , and others can not doe it with him . . a augustine tels us when a man hath examined himselfe , he must also edifie the church ( which before he scandalized ) by a publique declaration of repentance for his scandalous sinne . . m r prynne himselfe vindic. pag. . will not have an excommunicated person , to be againe received and admitted to the lords supper till publique satisfaction given for the scandall , and open profession of amendment of life , accompanied with externall symptomes of repentance . and why all this examination should not be required for a prevention of excommunication , yea of suspension , i know not . m r prynnes fourth reason is , because the minister administers the sacrament to that scandalous unexcommunicated person , as to a person outwardly fitted and prepared , the inward preparation of whose heart for ought he knows may be sincere towards god , and really changed from what it was before . i appeale to every godly minister , whether this can pacifie or secure his conscience , that a scandalous unexcommunicated person living in known prophannesse and wickednesse , is or may be esteemed a person outwardly fitted and prepared for the sacrament , yea that the inward preparation of his heart , while he is living in grosse scandalous sinnes , may be sincere towards god and really changed from what it was before : and that therefore he ( the minister ) in delivering the sacrament to a scandalous unexcommunicated person who after admonition of the danger , doth earnestly desire to receive it , as conceiving himselfe in his own●… heart and conscience meet to participate of it , becomes no way guilty , & c ? the lord save me from that divinity which holds that a scandalous person in the church may be admitted to the lords supper as a person outwardly fitt●d and prepared for that sacrament . fifthly , he argueth from the holinesse and lawfulnesse of administring the sacrament , and the ministers good intention to benefit all , and hurt none by it . answ. the first part of this reason is a fallacy ab ignoratione elenchi : the point he had to prove was , that the administration of the sacrament to a scandalous person , is a holy lawfull action . the latter part doth not conclude . a good intention can not justifie a sinfull action . sixthly , saith he , because such a persons unworthy r●…eiving is onely contingent and casuall ▪ no minister or creature being able infallibly to judge , wh●…ther god at this instant , may not by the omnipotent working of his spirit , &c. change both his ●…eart ▪ and his life . answ. . by this principle the minister shall become no way guilty , if he deliver the sacrament to an heathen , to an excommunicated person , for the same reason will have place in that case as much as in this , viz. god may at the very instant before or in the act of receiving change the heart and life of such a heathen or excommunicate person . . a scandalous prophane person his unworthy receiving , is casuall and contingent in sensu diviso , but not in sensu composit●… , that is , peradventure god will give him repentance and change his heart and his life , which done , he shall come worthily , and receive worthily : but while he is yet scandalous and neither heart nor life yet changed , his receiving in that estate will certainly be an unworthy receiving : for it implies a contradiction and impossibility , to say that a mans life can be changed while it is not changed , in sensu composit●… , or that a man can be worthy while he is unworthy . . it is a most sinfull tempting of the almighty to ca●l his word behind us , and then expect the working of omn●potency for that whereof we have neither promise nor example in the word . seventhly , he argueth from our concessions that ministers may administer the sacrament to masked hypocrites , and yet are not guilty of their unworthy receiving . this he saith is a yeelding our objection false in the case of scandalous persons too . but his reason is ●ust as if he had said , ministers are not guilty when they give the sacrament to those who are not scandalous . ergo , they are not guilty when they give the sacrament to those that are scandalous . or , as if he had argued thus he th●t harboureth a traytor whom he doth not nor cannot know to be such , is not guilty . ergo , he that harboureth a knowne traytor is not guilty . eighthly , ( for he hath given his seventh already ) he tels us , that the minister onely 〈◊〉 the sacrament , and the unworthy receiving is the receivers own personall act and sinne alone . answ . he begges againe and againe what is in que●ion . . there is an unworthy giving , as well as an unworthy receiving . the unworthy giving is a sin●ull act of the minister , which makes him also accessary to the sinne of unworthy receiving , and so partake of other mens ●innes . the ninth concerning christs giving of the sacrament to iudas is answered before . the tenth i have also answered before in his fourth conclusion . the minister is a sweet savour of christ , as well in those that perish by the sacrament , as in those that are benefited by it , with this proviso , that he hath done his duty , as a faithfull steward , and that he hath not given that which is holy to dogs , else god shall require it at his hands . finally , he argueth from cor. . . he that eateth and drinketh unworthily , eateth and drinketh ( not condemnation but ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judgement , ( meaning some temporall judgement ) to himselfe ) not to the minister or communicants . ) answ. . whatever be meant by judgement in this place , certainly it is a punishment of sinne , and such a thing as proceedeth from gods displeasure : and it is as certaine that unworthy receiving maketh a person lyable to a greater judgement then that which is temporall . . if to himselfe be restrictive and exclusive in the case of close hypocrites , such as are by church-officers ( judging according to outward appearance ) admitted to the sacrament ; yet how will it be made to appeare that the apostle meant those words as restrictive and exclusive in the case of scandalous and knowne unworthy communicants . . such a scandalous person doth indeed eate and drink judgement to himselfe ; but this can neither in whole nor in part excuse but rather greatly aggravate the sinne of the minister : for when a wicked man dieth in his iniquity , yet his blood god will require at the hands of the unfaithfull minister , who did strengthen his hands in his sinne . chap. xii . whether the sacrament of the lords supper be a converting or regenerating ordinance . i had in answer to mr. prynns third quaere , given this reason why prophane and scandalous persons are to be kept off from the sacrament , and yet not from hearing the word : because the word is not onely a confirming and comforting , but a converting ordinance , and is a mean appointed of god to turn sinners from darknes to light , and from the power of sathan to god : whereas the sacrament is not a converting , but a confirming and sealing ordinance , which is not given to the church for the conversion of sinners , but for the communion of saints : it is not appointed to put a man in the state of grace , but to seal unto a man that interest in christ and in the covenant of grace which he already hath . mr. prynne doth with much eagernesse contradict me in this , and argue at length the contrary . ( which is the marrow and fatnesse ( if there be any ) in his debate concerning the eighth point of difference ) whereby he doth not onely contradict me , but himself too ( as shall appear ) yea and joyn not onely with the more rigid lutherans , but with the papists themselves against the writers of the reformed churches . for the very same thing which is controverted between him and me , is controverted between papists and protestants . the papists hold that the sacraments are instrumental● to confer , give , or work grace ; yea ex opere operato ▪ as the school-men speak . our divines hold that the sacraments are appointed of god , and delivered to the church as sealing ordinances , not to give , but to testifie what is given , not to make but confirm saints . and they do not onely oppose the papists opus operatum : but they simply deny this instrumentality of the sacraments , that they are appointed of god for working or giving grace , where it is not . this is so well known to all who have studied the sacramentarian controversies , that i should not need to prove it . yet that none may doubt of it , take here some few insteed of many testimonies . b calvin holds plainly against the papists that the sacraments do not give any grace , but do declare and shew what god hath given . he clear● it in that chapter thus , the sacraments are like seals appended to writs , which of themselves are nothing , if the paper or parchment to which they are appended be blank . again , they are like pillars to a house which cannot be a foundation , but a strengthening of a house that hath a foundation ; we are built upon the word , the foundation of the prophets and apostles . again , sacraments are to us from god , that which messengers are which bring good newes from men , they declare what is , but do not so much as instrumentally make it to be . these are calvins similes . c b●…llinger confuteth the popish doctrine concerning the sacraments conferring of grace , by this principle , that the saints are justified and sanctified before they are sealed and confirmed by the sacraments . d ursinus speaks so fully and plainly for us , that none can say more . he distinguisheth between the word and sacraments , as between converting and confirming ordinances , and argueth that the sacraments do not confer grace , because we receive not the thing by receiving the signe , but we get the signe because it is supposed we have the thing . yea he speaks of it as a principle known to children . wolfangus musculus in his e common places saith thus , who seeth not what manner of persons we must be when we approach to this mystical table of the lord , to wit , not such as do therein first of all seek the fruition of the body and blood of the lord , as if we were yet destitute thereof ; but such as being already before partakers thereof by faith , do desire to corroborate more and more in our hearts , the grace once received by the sacramental communication of the body and blood of the lord , and by the remembrance of his death , and to give thanks to our rede●…mer . f martin bucer upon matth. . . puts this difference between the word preached , and the lords supper ; that the word may be preached to the unconverted : but the lords supper may not be given to any who by their lives do declare that they are out of communion with jesus christ. which is the very point now in controversie . g festus honnius disp. . thes. . confuting the popish opinion of the sacraments working or giving grace , brings this reason against it ; they that receive the sacraments , have this grace before they receive them , neither are any to be admitted to the sacraments who may be justly supposed not to be justified and sanctified . aretius coment . in mark . loc . . observeth , qui admissi sint ad istam coenam ? discipuli solum , who were admitted to that ( eucharistical ) supper ? the disciples o●…ely . hence he inferreth : quare mysteria haec ad solos fideles pertinent : wherefore these mysteries do pertain to the faithful alone : that is , to those who are supposed to be converted and beleevers . vossius disp. de sacram. effic . part . poster . after he hath observed two respects in which the sacraments do excel the word . . that infants who are not capable of hearing the word , are capable of the sacrament of baptisme , and are brought to the laver of regeneration . . that the sacraments do visibly and clearly set before our eyes that which is invisible in the word . he adds h thes. . other two respects in which the word doth far excel the sacraments . . that the word can both beget & confirm faith : the sacraments cannot beget faith in those that are come to age , but onely conserve and increase it . . that without the word we cannot be saved , for he that beleeves not is condemned ; now faith commeth by hearing : but the sacraments though profitable means of grace , yet are not simply necessary . the confession of the faith of the church of scotland in the article entituled to whom sacraments appertain , saith thus . but the supper of the lord we confesse to appertain to such onely as be of the houshold of faith , and can try and examine themselves as well in their faith , as in th●…ir duty towards their neighbours . the belgick confession art. . saith of the sacraments in generall , that god hath instituted them to seal his promises in us , to be pledges of his love to us ▪ and to nourish and strengthen our faith. and i art. . they plainly hold that the sacrament of the lords supper is intended and instituted by christ for such as are already regenerate , and are already quickned with the life of grace . the synod of dort in their judgement of the fifth article of the remonstrants k sect. . ascribeth both the inchoation and conservation of grace to the word : but ascribeth o●ely to the sacraments the conserving , continuing , and perfecting of that begun grace . in the belgick form of the administration of the lords supper ( see corpus disciplinae lately published by the ministers and elders of the dutch church at london pag. . ) it is said thus . those which do not feel this testimony in their hearts ( concerning their examining of themselves touching their repentance , faith , and purpose of true obedience ) they eat and drink judgement to themselves ; wherefore we also ( according to the commandement of christ and the apostle paul ) do admonish all those who find themselves guilty of these ensuing sins , to refrain from comming to the lords table , and do denounce unto them that they have no part in the kingdom of christ. ( here follows an enumeration of diverse scandalous sins concluded with this general , and all those which lead a scandalous life . ) all these as long as they continue in such sins , shall refrain from this spiritual food ( which christ onely ordained for his faithful people ) that so their ●…udgement and damnation may not be the greater . which plainly intimates that they hold this sacrament to be a sealing , not a converting ordinance . and this they also signifie , ibid. pag. . and to the end we may firmly beleeve that we do belong to this gracious covenant , the lord jesus in his last supper took bread . &c. l paraeus puts this difference between the word and sacraments ; that the word is a mean appointed both for beginning and confirming faith : the sacraments means of confirming it after it is begun . that the word belongs both to the converted and to the unconverted : the sacraments are intended for those who are converted and do beleeve , and for none others . and though the lutherans make some controversie with us about the effect of the sacraments , yet m ioh. gerhardus doth agree with us in this point , that the lords supper is not a regenerating but a confirming and strengthening ordinance , and this difference he puts between it and baptisme . n walaeus asserteth both against papists , and against some of the lutherans , that sacraments do instrumentally confirme and increase faith and regeneration ; but not begin nor work faith and regeneration where they are not . petrus hinkelmannus de anabaptismo disp. . cap. . error . disputeth against this as a tenent of the calvi●…ists . fideles habent spiritum s. habent res signatas ante sacramenta : the faithful have the holy spirit , they have the things which are sealed , before they receive the sacraments . brochmand . system . theol. tom. . de sacram. cap. . quaest. . condemneth this as one of the calvinian errors : sacramenta non esse gratiae conferendae divinitu●… ordinata media : that sacraments are not instituted and appointed of god to be means of conferring or giving grace . which he saith is the assertion of zuinglius , beza , danaeus , musculus , piscator , vorstius . the lutheran opinion he propounds ibid. quaest . . that the sacraments are means appointed of god to confer grace , to give faith , and being given to increase it . esthius in sent. lib. . dist . . sect. . stateth the opinion of the calvinists ( as he calls us ) thus , justificationem usu sacramenti esse priorem , obtentam nimirum per fidem quâ homo jam ante credidit sibi remitti peccata ; sacramentum verò postea adhiberi , ut verbo quidem promissionis fides confirmetur : elemento verò ceu sigillo quodam diplomati appenso eadem fides obsignetur ; atque ita per sacramentum declaretur testatumque fiat hominem jam prius esse per fidem justicatum . this he saith is manifestly contrary to the doctrine of the church of rome , from which ( saith he ) the lutherans do not so far recede as the calvinists . gregorius de valentia in tertiam partem thomae disp. . quaest. . punct . . thus explaineth the tenent which he holdeth against the protestants concerning the sacraments giving of grace . sacramenta esse veras causas qualitatis gratia , non principales , sed instrumentales : hoc ipso videlicet , quod deus illis utitur ad productionem illius effectus , qui 〈◊〉 gratia , tamet si supra naturam seu efficacitatem naturale●… ipsorum . the papists dispute indeed what manner of casuality or vertue it is by which the sacraments work grace , whether phisica , or ethica ; whether infita , or adsita . in which questions they do not all go one way . see gamachaeus in tertiam partem tho. quest. . cap. . but that the sacraments do work or give grace to all such as do not ponere obicem , they all hold against the protestants . they dispute also whether all the sacraments give the first grace , or whether baptisme and pennance onely give the first habitual grace , and the other five sacraments ( as they make the number ) give increase of grace . but in this they all agree , that habitual grace is given in all the sacraments of the new-testament : the thomists hold further , that the very first grace is de facto given in any of the sacraments . see for the former o becanus , for the latter p tannerus . you will say peradventure ▪ that protestant writers hold the sacraments to be . significant or declarative signes . . obsignative or confirming signes ▪ . exhibitive signes , so that the thing signified is given and exhibite to the soul. i answer , that exhibition which they speak of , is not the giving of grace where it is not ( as is manifest by the afore quoted testimonies ) but an exhibition to beleevers , a real effectual lively application of christ and of all his benefits to every one that beleeveth , for the staying , strengthening , confirming , and comforting of the soul. chamierus contractus . tom. . lib. . cap. . docemus ergo in sacramentorum perceptione effici gratiam in fidelibus : & hactenus sacramenta dicenda efficacia . polan . syntag. lib. ● . cap. . saith the visible external thing in the sacrament , is thus far exhibitive , quia bona spiritualia per eam fidelibus significantur , exhibentur , communicantur & obsignantur . so that in this point habenti dabitur is a good rule . for unto every one that hath shall be given , and he shall have abundance ; but from him that hath not shall be taken away even that which he hath . maith . . . our divines do not say that the sacraments are exhibitive ordinances , wherein grace is communicated to those who have none of it , to unconverted or unbeleeving persons . by this time it may appear ( i suppose ) that the controversie between us and the papists concerning the effect of the sacraments ( setting aside the opus operatum , which is a distinct controversie ▪ and is distinctly spoken to by our writers , setting aside also the casualitas phisica and insita , by which some of the papists say the sacraments give grace , though diverse others of them hold the sacraments to be onely moral causes of grace ) is thus far the same with the present controversie between mr. prynn and me , that protestant writers do not onely oppose the opus operatum , and the casualitas physica & insita , but they oppose ( as is manifest by the testimonies already cited ) all casuality or working of the first grace of conversion and faith in or by the sacraments , supposing alwaies a man to be a beleever and within the covenant of grace before the sacrament , and that he is not made such , nor translated to the state of grace in or by the sacrament . this the papists contradict , and therein mr. prynn joyneth with them . when bellarmine brings an impertinent argument : the sacraments ( saith he ) have not the same relation to faith which the word hath : nam verbum dei praecedit fidem , sacramenta autem sequuntur , saltem in adultis . the word of god doth go before faith , but the sacraments follow after it , at least in those who are of age . dr. ames bell. enerv . tom. . lib. . cap. . corrects his great mistake or oblivion . hoc illud est quod nos docemus : sacramenta confirmare fidem per verbum dei prius ingeneratam , saltem in adultis . this ( saith he ) is that which we teach , that the sacraments confirm that faith which was first begotten by the word of god , at least in those who are of age . mr. prynns assertion is ▪ that the lords supper is a converting , as well as a sealing ordinance ; for clearing whereof h● premiseth two distinctions . there are two sorts both of conversion and sealing , which he saith his antagonists to delude the vulgar have ignorantly , wilfully , or injudiciously confounded . whether such language beseems a man fearing god , or honouring them that do fear god , let every one judge who knoweth any thing of christian moderation . see now if there be any reason for this grievous charge . first ( saith he ) there is an external conversion of men from paganisme or gentilisme to the external profession of the faith of christ. this ( he saith ) is wrought by the word or by miracles , and effected by baptisme in reference to infants of christian parents . but how the baptism● of such infants is brought under the head of conversion from paganisme to the external profession of christ , i am yet to learn. secondly saith he , there is a conversion from a meer external formal profession of the doctrine and faith of christ , to an inward spiritual embracing and application of christ with his merits and promises to our souls , by the saving grace of faith , and to an holy christian real change of heart and life : in this last conversion , the sacrament of the lords supper is not onely a sealing or confirming , but likewise a regenerating and converting ordinance as well as the word . he might upon as good reason have made a third sort of conversion from a scandalous and prophane life to the external obedience of the will and commandements of god. but all this is to seek a knot in the rush ; for there is but one sort of conversion which is a saving conversion , and that is a conversion from nature to grace , from sin to sanctification , from the power of sathan to god , whether it be from paganisme , or from prophanenesse , or from an external formal profession . now that conversion which mr. prynn ascribes to the sacrament is a true sanctifying and saving conversion . the other conversion which he ascribes not to the sacrament , is not a saving conversion , for the external conversion of men from paganisme or gentilisme to the external profession of the faith of christ , without the other conversion to an inward spiritual embracing of christ , doth but make men seven ▪ fold more the children of hell. so that mr. prynn hath more opened his sore when he thought to cover and patch it . the other distinction which he gives us , is of a twofold sealing . but by the way he tells us that baptisme and the lords supper are termed sacraments and seals , without any text of scripture to warrant it . hereby as he gratifieth q the socinians not a little ( who will not have the lords supper to be called either seal or sacrament , but an obediential act and a good work of ours , and tell us that we make the lords supper but too holy to delude the vulgar ) so he correcteth all orthodox writers , ancient and modern . the apostl● ▪ describeth circumcision to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a seal of the righteousnesse of faith , rom. . . whence divines give the name of seals to all sacraments rectè autem ( saith aretius theol. probl. loc. . ) speciebus imis & intermediis generibus eadem ●…ssignantur in definiendo genera . circumcision is a seal , therefore a sacrament is a seal : as well as this , justice is a habit , therefore vertue is a habit . man is a substance , therefore a living creature is a substance . and further , if circumcision was a seal ; the lords supper is much more a seal ; as we shall see afterwards . the honourable houses of parliament , after advice had with the assembly of divines have judged this point ( which mr. prynn so much quarrelleth ) to be not onely true , but so far necessary and fundamental , that in their ordinance of october . . for keeping back the ignorant and the scandalous from the sacrament , this truth , that the sacraments are seals of the covenant of grace , is enumerate among those points of religion , which all persons who shall be admitted to the lords supper ought to know , and of which whosoever is ignorant shal not be admitted to the lords supper . i hope mr. prynn shall not be willing to fall within the category of ignorant persons , and such as ought not be admitted to the sacrament : which yet by that ordinance he must needs do ; if he will not know the lords supper to be a seal of the covenant of grace . wherefore though he leaneth much that way , both here , and pag. . yet i shall expect he will rectifie himself in this particular . his words are these . there is a double sealing ( if we admit this sacrament or baptisme to be seals , though never once stiled seals in any scripture text ) and in the margent , they are termed sacraments and seals of the covenant , without any text to warra●…t it . now quaeritur whether mr. prynn doth know that the sacraments are seals of the covenant of grace ; and if he doth not know this , whether doth not the ordinance strike against him . and now to return , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , a seal ; ( which makes most to our present purpose ) is a scripture word . as for the word sacrament , we need not seek it in scripture , because it is a latin word , and there is not either in the hebrew or greek ( the languages in which scripture was written ) any word which properly , closely and fully answereth to the word sacrament . sure we have the thing sacrament ( though not the name ) in scripture . peradventure mr. prynn is the more afraid of the word sacrament , because some derive it à sacramente which suteth not so well to his notion of a converting ordinance . well : but what are nis two sorts of sealing ? . a visible external sealing of the pardon of sin and gods promises in the blood of christ to our outward s●…nces . . an internal invisible sealing of them by the spirit , working in , by the word and sacraments to our souls . in the first sence ( he saith ) this sacrament is a seal to all receivers , even to those who are scandalous and unworthy , who receive onely the outward elements . again this first kind of sealing ( saith he ) seals all gods promises and a free pardon of all our sins onely conditionally , if we truly repent , lay hold on christ &c. the second which is an absolute sealing , he grants to belong onely to worthy penitent beleeving receivers . who doth now delude the vulgar ? when the lords supper is called a sealing ordinance ; did ever any man understand this of a sealing to our outward sences onely , or of receiving the outward elements and no more ? who can mistake the thing so far as to think that christ hath instituted and ordained this sacrament to be a meer external seal and no more ? when he grants that in the second sence this sacrament is a seal , onely to worthy , penitent , beleeving receivers , who receive the inward invisible grace , as well as the outward signes : he grants that which i require , that is , that it is a sealing ordinance intended for worthy penitent beleeving receivers , not for the scandalous and unworthy . god forbid we should make a sealing ordinance to be an empty ordinance . the truth is , his first kind of sealing without the second , is no sealing , yea worse then no sealing . where there is no charter , how can there be a sealing , except we seal blank paper ? and as we shall hear anon from chrysostome , we have not so much as the seal , except we have that which is sealed . i know it will be answered , there is somewhat to be sealed even to the scandalous and unworthy ▪ that is , the pardon of all their sins conditionally , if they truly repent , beleeve , lay hold on christ. in this very place mr. prynn tells us , that all gods promises and a free pardon is sealed , even to scandalous and unworthy receivers conditionally ; that is , as he explicates himself pag . upon condition that they become penitent and beleeving receivers . but then ( say i ) he must upon as good reason grant , that the sacrament may be given to pagans and turks , at least the first day of preaching the gospel to them ; may it not be said to pagans and turks , that if they repent and beleeve on christ , they shall have pardon of sin ? here is the thing to be sealed in mr. prynn's opinion . what then should hinder the sealing ? he shunneth to call the sacrament a converting ordinance in reference to pagans ; and now behold his principles will admit the giving of the sacrament even to pagans as a sealing ordinance , how much more then as a converting ordinance ? we have now heard his two distinctions , which if they have given any clearing to his assertion , it is such as is little to his advantage . i will now premise some distinctions of my owne to clear that which i hold . . the question is not de potentia dei absoluta , whether god by his omnipotency can give the first grace of conversion in the instant of receiving the sacrament . but the question is of the revealed will of god , and the way of the dispensation of grace made known to us in the gospel , which must be the rule to us to walk by . a peradventure it may be , and who knoweth but the scandalous sinner may be converted , is no warrantable ground to go upon in this case , as mr. prynn would make it pag. . for we may as well adventure to delay repentance , upon a peradventure it may be . there is an example in the new-testament of one who got repentance and mercy at his end , and if we beleeve the hebrews and divers christian interpreters ; there is another example of the same kind in the old testament , which is the example of achan . whereas there is no example in all the scripture of any converted by the sacrament . but if a thing be contrary to the revealed will and commandement of god ( as both these are , the delaying of repentance , and the admission of scandalous persons to the sacrament ) we may not dare to go upon peradventures . to the law , and to the testimony . search the scriptures . if the word do not shew us any thing of conversion by the sacrament , we must not think of any such thing . . we must distinguish between the sacrament it self , and those things that do accompany the sacrament , powerful preaching , exhortation , prayer , or the like before or after the sacrament . put case a sinner be effectually converted by a sermon or a prayer , which he heareth at the ordination of a minister , will any man therefore say that ordination is a converting ordinance ? so if by most serious powerful exhortations , convictions , promises , threatnings , by prayer , by christian conference by reading or meditation before or after the sacrament , the lord be pleased to touch the conscience and convert the soul of an impenitent prophane wicked liver , nothing of this kind can make the sacrament a converting ordinance . . we must distinguish even in conversion between gratia praeveniens & subs●…quens , operans & co-operans , excitans & adjuvans , or rather , between habitual and actual conversion . habitual conversion i call the first infusion of the life and habits of grace ; actual conversion is the souls beginning to act from that life and from those habits . the first or habitual conversion in which the sinner is passive , and not at all active , it being wholy the work of preventing , exciting , quickning grace , is that which never is to be looked for in the sacrament of the lords supper , which is enough to overthrow that opinion , that scandalous impenitent sinners ( having an external formal profession , but known by a wicked abominable conversation to be dead in sins and trespasses , in whom the holy ghost hath never yet breathed the first breath of the life of grace ) may be admitted to the lords supper ( if they desire it , not being excommunicated ) upon hopes , that it may prove a converting ordinance to them . as for gratia subsequens co-operans & adjuvans , by which the sinner ( having now a spiritual life created in him and supernatural habits infused in his soul ) is said actually to convert , repent , and beleeve . i consider even in this actual conversion , repenting , beleeving , these two things . . the inchoation . . the progresse of the work . where the work is begun , if it were but faith like a grain of mustard seed , and where there is any thing of conversion which is true and sound ; the sacrament is a blessed powerful means to help forward the work . but i peremptorily deny that the sacrament of the lords supper is appointed or instituted by christ as a regenerating converting ordinance , as well as the word , or as a means of beginning actual , much lesse habitual conversion . . when i hold the lords supper not to be a converting but a sealing ordinance , the meaning is not as if ▪ i beleeved that all who are permitted to come to the lords table are truly converted , or that they are such as the seals of the covenant of grace do indeed and of right belong unto ( for we speak of visible churches and visible saints ) but my meaning is that christ hath intended this sacrament to be the childrens read onely ( though the hired servants of the house have other bread enough and to spare ) and he alloweth this portion to none but such as are already converted and do beleeve : and that they who are the ministers of christ and stewards of the mysteries of god ought to admit none to this sacrament , except such as are quallified and fit ( so far as can be judged by their profession , knowledge , and practice , observed and examined by the eldership according to the rules of the word , no humane court being infallible ) to have part and portion in the communion of saints , and to receive the seals of the covenant of grace , at least that they may not dare to admit any man whose known and scandalous wickednesse continued in without signes of repentance , saith within their heart , that there is no fear of god before his eyes . these things premised ( which are to be remembred by the reader , but need not be repeated by me as we go along ) i proceed to the arguments which prove my assertion , that the lords supper is not a converting but a sealing ordinance . and thereafter i shall answer mr. prynns arguments brought to the contrary . chap. xiii . twenty a●guments to prove that the lords supper is not a converting ordinance . first , that which is an institute significant signe , to declare and testifie the being of that thing which is thereby signified , is not an operating cause or mean which makes that thing signified to begin to be where it was not . but the sacrament is an instituted signe to declare and testifie the being of that thing which is thereby signified . ergo , this is an argument used by r protestant writers against papists . the sacraments being by their definition signes , are not causes of that which they signifie , neither are the things signified the effects of the sacraments . wherefore the sacrament of the lords supper being a signe of our spiritual life , faith , union with christ , and remission of sins , is not instituted to convey these spiritual blessings to such as have them not . significancy is one thing , efficiency another . you will say by this argument there is no grace exhibited nor given to beleevers themselves in the sacrament . answ. growth in grace and confirmation of faith is given to beleevers in the sacrament , which the significancy hinders not , because the sacrament doth not signifie nor declare that the receiver hath much grace and a strong faith ; but that he hath some life of grace and some faith . the very state of grace or spiritual life , regeneration , faith and remission of sins are signified , declared , testified , and sealed , but not wrought or given in the sacrament . the strengthening of faith and a further degree of communion with christ is not signified in the sacrament , i mean , it s not signified that we have it , but that we shall have it , or at most that we do then receive it . so that beleevers may truly be said to receive at the sacrament a confirmation or strengthening of their faith , or a further degree of communion with christ : but it cannot be said that the very sacramental act of eating or drinking , being a signe of spiritual life and union with christ ( as that which we have , not which we shall have , or at that instant receive ) is a mean or instrumental cause to make a man have that which it testifieth or signifieth he hath already . there is no evasion here , for one who acknowledgeth the sacrament to be a signe , declaring or shewing forth that we have faith in christ , remission of sins by him , and union with him . mr. prynn must either make blank the signification of the sacrament à parte ante , though not à parte post , or else hold that the signification of the sacrament , is not applicable to many of those whom he thinks fit to be admitted to receive it . secondly , that which necessarily supposeth conversion and faith , doth not work conversion and faith . but the sacrament of the lords supper necessarily supposeth conversion and faith . ergo. the proposition is so certain , that either it must be yeelded , or a contradiction must be yeelded : for that which worketh conversion and faith , cannot suppose that they are , but that they are not . therefore that which supposeth conversion and faith , cannot work conversion and faith , because then the same thing should be supposed both to be and not to be . the assumption i prove from scripture . mark. . . he that beleeveth and is baptized shall be saved . act. . . repent and be baptized . vers . . then they that gladly received his word were baptized . act. . . . and the e●…nuch said , see here is water , what doth hinder me to be baptized ? and philip said , if thou beleevest with all thin●… heart 〈◊〉 mayest . act. . . can any man forbid water that these should not be baptized which have received the holy ghost as well as we ? now if baptisme it self ( which is the sacrament of our initiation ) supposeth ( according to the tenor and meaning of christs institution ) that the party baptized ( if of age ) doth actually convert and beleeve , and ( if an infant ) supposeth an interest in jesus christ and in the covenant of grace ( for if he be a child of an heathen or an infidel although taken into a christian family , yet the synod of dort. sess. . adviseth not to baptize such a child , till it come to such age as to be instructed in the principles of christian religion . ) how much more doth the lords supper , necessarily , by christs institution , suppose that the receivers are not unconverted and unbeleeving persons ? the previous qualifications which are supposed in baptisme , must be much more supposed in the lords supper . thirdly , that which gives us the new food , supposeth that we have the new birth and spiritual life , and that we are not still dead in sins and trespasses . but the sacrament of the lords supper gives us the new food . ergo it supposeth we have the new birth . the proposition i prove thus . s a man must first be born by the new birth , before he can be fed with the new food : and how can a man eat the flesh , and drink the blood of christ , and yet be supposed not to have a spiritual life before that act , but to get a spiritual life in that very act ? doth a man get life because he eats and drinks , or doth he not rather eat and drink because he lives ? the assumption is a received and uncontroverted truth . and hence do divines give this reason why we are but once baptized , but do many times receive the lord● supper ; because it is enough to be once born , but not enough to be once nourished or strengthened . see the belgick confession . art. . and d. parei miscellanea catechetica pag. . i shall strengthen my argument by the confession of bohemia cap. . the sacraments cannot give to any such ( which before was not inwardly quickened by the holy ghost ) either grace or justifying and quickening faith , and therefore they cannot justifie any man , nor inwardly quicken or regenerate any mans spirit : for faith must go before . and after . for if a dead man or one that is unworthy do come to the sacraments , certainly they do not give him life and worthinesse . &c. see the harmony of confessions printed at london . pag. . . to what end then is the sacrament of the lords supper instituted ? for that , see the confession of belgia ibid. pag. . we beleeve and confesse that jesus christ our lord and saviour hath instituted the holy sacrament of his supper , that in it he might nourish and sustain those whom he hath regenerated and ingrafted into his family , which is the church . both these chapters did mr. prynn cite in the question of iudas ( which yet prove not what he affirmeth in that point , as i have noted before ) but it seems he did not observe these passages , which make directly against him in this question of conversion or conferring of grace by the sacrament . i add also mr. pemble in his christian disections for receiving the sacrament . the sacrament saith he is appointed for our nourishment in grace ; where we grow not by it , it is a signe this food was not digested but vomited up again t where faith , repentance , thankfulnesse , and obedience are not increased , there christ crucified was not remembred . but how can there be any nourishment in grace , or any increase of grace in those who come to the sacrament , without the first grace , or in the state of unregeneration ? fourthly , that ordinance which is instituted onely for beleevers and justified persons , is no converting but sealing ordinance . but the sacrament of the lords supper is instituted onely for beleevers and justified persons . ergo. the proposition hath light enough in it self ; for converting ordinances do belong even to unjustified and unconverted persons . therefore that which is instituted onely for beleevers is no converting ordinance . all the question will be of the assumption , which i shall the rather confirm , because it is the very principle from which polanus and others argue for the suspension of scandalous persons from the lords table . now i prove the assumption thus . every sacrament , even a sacrament of initiation , is a seal of the righteousnesse of faith. if circumcision was a seal of the righteousnesse of faith . rom. . . then baptisme ( which hath succeeded to circumcision ) is also a seal of the righteousnesse of faith , and that more fully and clearly then circ●mcision was : and if baptisme be a seal of the righteousnesse of faith , much more is the sacrament of the lords supper a seal of the righteousnesse of faith ; which is also proved by mat. . . for this is my blood of the new covenant , which is shed for many for the remission of sins . chrysostome on rom. . considering those words vers . . a seal of the righteousnesse of faith , hath this meditation upon it , that a sacrament is no signe , no seal , except where the thing is which is signified and sealed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for of what shall it be a signe , or of what shall it be a seal , when there is none to be sealed . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for ( faith he ) if it be a signe of righteousnesse , and thou hast not righteousnesse , neither hast thou the signe . if therefore a sacrament be a seal of the righteousnesse of faith , then it is instituted onely for beleevers and justified persons , because to such onely it can seal the righteousnesse of faith . upon this ground saith u ursinus that the sacraments are to the wicked and unbeleevers no sacraments : which agreeth with that rom. . . if thou be a breaker of the law , thy circumcision is made uncircumcis●…on . fifthly , the apostle argues that abraham the father of the faithfull , and whose justification is as it were a pattern of ours , was not justified by circumcision , or ( as aquinas confesseth upon the place ) that circumcision was not the cause but the signe of justification . rom. . . . . we say that faith was reckoned to abraham for righteousnesse . how was it then reckoned ? when he was in circumcision or in uncircumcision ? not in circumcision but in uncircumcision . and he received the signe of circumcision , a seal of the righteousnesse of the faith which he had yet being uncircumcised x if abraham the father of the faithful , got not so much as the sacrament of initiation , till after he was justified and sanctified , how shall we think of receiving , not onely the sacrament of initiation , but the sacrament of spiritual nourishment , while unjustified and unsanctified ? and if god did by his word make a covenant with abraham , before he received circumcision the seal of that covenant , must it not much more be supposed , that they are within the covenant of grace , who eat and drink at the lords table , and consequently , that those who are children of disobedience and wrath , and strangers to christ and the covenant of grace ( apparently and manifestly such , though not professedly ) ought not to be admitted to the lords table under colour of a converting ordinance , it being indeed a seal of the covenant of grace . sixthly , that ordinance which is appointed onely for such as can and do rightly examine themselves concerning their spiritual estate , regeneration , repentance , faith , and conversation : is no converting ordinance . but the sacrament of the lords supper is an ordinance which is appointed onely for such as can and do rightly examine themselves concerning their spiritual estate , regeneration , repentance , faith , and conversation . ergo , it is no converting ordinance . the reason of the proposition is , because unconverted persons cannot nor do not rightly examine themselves concerning their spiritual estate , regeneration , &c. for such are a generation pure in their own eyes , and yet not washed from their filthinesse . proverb . . . and . . and . . and the natural man cannot know the things of the spirit of god , because they are spiritually discerned , but he that is spiritual judgeth all things . cor. . . . the carnal mind is enmity against god. rom. . . the assumption is proved by cor. . . but let a man examine himself , and so let him eat of that bread and drink of that cup. this self-examination ( interpreters say ) must be concerning a mans knowledge , y repentance , faith , and conversation . the apostle expounds himself cor. . . examine your selves whether ye be in the faith : prove your own selves , how that jesus christ is in you except ye be reprobates , or counterfeit , and unapproved . this self examination , as it is requisite at other times , so especially before our comming to the lords table ; and an unconverted man can no more do it truly and rightly ( according to the apostles meaning ) then he can convert himself . and here that which mr. prynn did object , maketh against himself ; the apostle saith , let a man examine himself , not others ; for the examination there spoken of belongs to the court of a mans own conscience , and to the inward man saith martyr upon the place , not to the ecclesiastical court. but a natural unconverted man may possibly examine others and espie a mote in his brothers eye , he cannot in any right or acceptable manner examine his own conscience , nor go about the taking of the beam out of his own eye . z he therefore who either cannot through ignorance , or doth not through impenitency and hardnesse of heart , examine himself , and is known to be such a one by his excusing , justifying , or not confessing his scandalous sin , or continuing in the practice thereof , ought not to be admitted to that holy ordinance which is instituted onely for such as can and do humbly and soundly examine themselves , and consequently not intended for unconverted impenitent persons . seventhly , that ordinance unto which one may not come without a wedding garment , is no converting ordinance . but the supper of the lord , the marriage feast of the kings son , is an ordinance unto which one may not come without a wedding garment . ergo. the proposition hath this reason for it . if a man must needs have a wedding garment that comes , then he must needs be converted that comes ; for what-ever ye call the wedding garment , sure it is a thing proper to the saints , and not common to unconverted sinners , and the want of it doth condemn a man into utter darknes , matth. . . the assumption is clear from matth. . . . when the king came in to see the guests , he saw there a man which had not on a wedding garment . and he saith unto him , friend , how camest thou in hither , not having a wedding garment ? and he was speechlesse . if he had been of mr. prynns opinion he needed not be speechlesse ; for mr. prynns divinity might have put this answer in his mouth . lord i thought this to be a converting ordinance , and that thou wouldest not reject those that come in without a wedding garment , provided that here at the marriage feast they get one . but we see the king condemneth the man for comming in thither without a wedding garment . eightly , that ordinance which is not appointed to work faith is no converting ordinance . but the sacrament of the lords supper is not appointed to work faith . ergo. the proposition must be granted , unlesse a man will say that conversion may be without faith . the assumption is proved by rom. . . men cannot pray if they do not beleeve , and they cannot beleeve if they do not hear the word , v. . so then faith commeth by hearing , and hearing by the word of god. if faith commeth by hearing , then not by seeing ; if by the word , then not by the sacrament . ninthly , that ordinance which hath neither a promise of the grace of conversion annexed to it , nor any example in the word of god of any converted by it , is no converting ordinance . but the sacrament of the lords supper hath neither a promise of the grace of conversion annexed to it , nor is there any example in all the scripture of any ever converted by it . therefore it is no converting ordinance . tenthly , that ordinance whereof christ would have no unworthy person to partake is not a converting ordinance . but the lords supper is an ordinance whereof christ would have no unworthy person to partake . ergo. the proposition i prove thus . it is not the will of christ that converting ordinances should be dispenced to no unworthy person ( for else how should they be converted ) but onely he hath forbidden to dispence unto unworthy persons such ordinances as belong to the communion saints . the assumption i prove from cor. . . whosoever ( though otherwise a worthy person & one converted to the state of grace ) shall eat this bread and drink this cup of the lord unworthily , shal be guilty of the body & blood of the lord. v. . for he that eateth and drinketh unworthily , eateth and drinketh judgment to himself , not discerning the lords body . if the unworthines of that particular act , in respect of the manner of doing it , make a man so guilty and liable to such judgement , how much more the unworthinesse of the person that eats and drinks ? for a mans state , the course of his life , and the frame of his spirit , is more then one single act . this therefore doth prove that he that is an unworthy person ( if he come to the lords table ) doth eat and drink unworthily ( whence is that where the apostle saith vers . . he that eateth and drinketh unworthily , the syriack interpreter hath it , he that eateth and drinketh thereof being unworthy , or indignus existens : ) which may be also gathered from the interweaving of vers . . between vers . . and vers . . he that eats and drinks , not having before rightly examined himself , eats and drinks unworthily . but he that is an unworthy person , and comes to the lords table unworthily and unpreparedly , eats and drinks not having before rightly examined himself . ergo. what of that ? will you say . a much to the point . every unconverted and unregenerate person is an unworthy person ( as the scripture distinguisheth worthy persons and unworthy ) and comes unworthily and unpreparedly ( if he come while such ) to the lords table ; therefore such a one if he come , eats and drinks unworthily , and so eats and drinks judgement to himself . b augustine argueth promiscuously against those who come unworthily , and those that eat and drink unworthily , and applyeth the apostles words of eating and drinking unworthily , to all who come with polluted souls , such as all unconverted have . and gualther , martyr , and other interpreters upon the place , the centurists also in the place last cited , reckon those to eat and drink unworthily , who come without the wedding garment , and without faith , and holinesse of conversation , which intimateth that they who live unworthily , do also eat the lords supper unworthily , which is most plainly intimate in the directory pag. . where ignorant , scandalous , and prophane persons are warned not to come to that holy table , upon this reason , because he that eats and drinks unworthily , eats and drinks judgement to himself , which necessarily implyeth that unworthy persons and prophane livers , if they come to the sacrament , are not converted , but sin more in eating and drinking unworthily . i conclude therefore that the prohibition of eating and drinking unworthily doth necessarily imply a prohibition of unconverted , unregenerate , impenitent persons , to come to the lords table , and by consequence that it is no converting ordinance . eleventhly , that ordinance which is eucharistical and consolatory , supposeth that such as partake of it have part and portion in that thing for which thanks are given , and are such as are fit to be comforted . but the lords supper is an ordinance eucharistical and consolatory . ergo. the proposition needs no other proof but the third commandement ; thou shalt not take the name of the lord thy god in vain . shall a man be called to give thanks for redemption , reconciliation , and remission of sins , and to take comfort in jesus christ , even while he is such a one of whom god hath said , there is no peace to the wicked : high talk becommeth not a fool . psal. . . rejoyce in the lord o ye righteous , for praise is comely for the upright . psal. . . . offer unto god thanksgiving &c. but unto the wicked god saith , what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth . c the assumption is acknowledged among all ; for as it hath the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so is the nature of it . it is also a consolatory ordinance , in which we are called to spiritual joy and gladnesse , it being a feast of fat things full of marrow , and of wines on the lees well refined . at this ordinance of the holy supper christ spake many a sweet and consolatory word to the disciples , and did not rebuke them nor chide them , as he had done at other times . is it not then a healing slightly of the malady of impenitent unconverted sinners , yea a betraying of their souls to bring them to joy and comfort and thanksgivings and songs of praise , to eat of the marrow and fatnesse , and to drink of the rivers of pleasure which are in the house of god , when we ought rather call them to weeping and to mourning , to make their peace with god , and to flee from the wrath to come ? twelfthly , that ordinance unto which christ calleth none but such as have spiritual gracious qualifications , is not a converting but a sealing ordinance . but the lords supper is an ordinance unto which christ calleth none but such as have spiritual and gracious qualifications . ergo. the proposition i hope needs no proof , because unconverted persons dead in sins and trespasses , have no spiritual gracious qualifications . the assumption may be proved by many scriptures . if of any ordinance , chiefly of this ; it holds true that christ inviteth and calleth none but such as labour and are heavie loaden , matth. . . such as are athirst for the water of life , iohn . . isa. . . such as have the wedding garment , matth. . . such as examine themselves cor. . . such as are christs friends , cant. . . eat o friends , drink yea drink abundantly o beloved . thirteenthly , that ordinance which is instituted for the communion of saints , is intended onely for such as are saints , and not for unconverted sinners . but the lords supper is an ordinance instituted for the communion of saints , and of those who are members of the same body of christ cor. . . . compared with cor. . . ergo. martin bucer de regno christi lib. . cap. . conceiveth that this sacrament doth so far belong to the communion of saints , that wicked and unworthy persons are not onely to be kept back from partaking , but from the very beholding or being present in the church at the giving of the sacrament : which yet is more then we have affirmed . fourteenthly , if baptisme it self ( at least when ministred to those that are of age ) is not a regenerating or converting ordinance , far lesse is the lords supper a regenerating or converting ordinance . but baptisme it self ( at least when ministred to those that are of age ) is not a regenerating or converting ordinance . ergo. the ground of the proposition is , because baptisme hath a nearer relation to regeneration then the lords supper , and therefore hath the name of the laver of regeneration . the assumption i prove thus . . because we read of no persons of age baptized by the apostles , except such as did professe faith in christ , gladly received the word , and in whom some begun work of the spirit of grace did appear ( i say not that it really was in all , but somewhat of it did appear in all . ) . if the baptisme of those who are of age be a regenerating ordinance , then you suppose the person to be baptized an unregenerated person ( even as when a minister first preacheth the gospel to pagans , he cannot but suppose them to be unregenerated : ) but i beleeve no consciencious minister would adventure to baptize one who hath manifest and infallible signes of unregeneration . sure , we cannot be answerable to god if we should minister baptisme to a man whose works and words do manifestly declare him to be an unregenerated unconverted person . and if we may not initiate such a one , how shall we bring him to the lords table ? fifteenthly , if the baptisme even of those who are of age must necessarily precede their receiving of the lords supper , then the lords supper is not a converting but a sealing ordinance . but the baptisme even of those who are of age must necessarily precede their receiving of the lords supper . ergo. the assumption is without controversie , it being the order observed by christ and by the apostles , and by all christian churches . the proposition i prove thus . . d what better reason of the necessity of this precedency of baptisme , than that baptisme is the sacrament of regeneration , the lords supper the sacrament of our spiritual nourishment , and one must be borne before he eat and drink . . the apostle saith gal. . . as many of you as have been baptized into christ , have put on christ. rom. . . we are buried with him by baptisme into death . col. . . buried with him in baptisme , wherein also you are risen with him through the faith of the operation of god. therefore if the sacrament of the lords supper be intended onely for the baptized , then it is intended onely for such as are supposed to have put on christ , are buried and raised again with him through faith , and consequently , it is not intended for unconverted persons to convert them , but for converted persons to confirme them . sixteenthly , the method of the parable of the forlorne son maketh very much against mr. prynns opinion . the lord is indeed ready to forgive , and hath compassion upon the poor sinner , and falls on his neck and kisseth him , and saith to his servants , bring forth the best robe and put it on him , and put a ring on his hand , and shoes on his feet , and bring hither the fatted calf , and kill it , and let us eat and be merry . luke . . , . and this is done in the sacrament of the lords supper , more especially and more manifestly then in any other ordinance . but when ? not while the man is yet playing the prodigal , wasting his substance with riotous living , nor yet while he is filling his belly in a far countrey with the husks which the swine did eat . but it was when he came to himself , when he came to his father and said , father i have sinned against heaven and in thy sight , and am no more worthy to be called thy son. then , and not till then , doth the father bestow upon him the best robe and the fatted calf . for this my son was dead ( saith the father ) and is alive again , was lost and is found . had the best robe and the fatted calf been given him before he repented and came to himself , he had ( belike ) been so much the more carelesse of comming home to his father . but we see these love tokens , this feast , and this mirth , is for entertaining a poor penitent , not for converting an impenitent sinner . seventeenthly , i shall draw another argument both out of the directory for the publike worship of god throughout the three kingdoms , and out of mr. prynn himself . thus it is . that ordinance from which the minister in the name of christ ought concionaliter or doctrinally to excommunicate all impenitent prophane persons , is not a converting but a sealing ordinance . but the lords supper is an ordinance from which the minister ought in the name of christ concionaliter or doctrinally to excommunicate all impenitent prophane persons , ergo. the proposition ariseth from this ground , we ought not to dehort impenitent prophane men from converting ordinances , but rather exhort them to come and partake thereof . the assumption i prove , first , from the directory in the head of the lords supper , which speaketh of the minister thus , next , he is , in the name of christ on the one part to warn all such as are ignorant , scandalous , prophane , or that live in any sin or offence against their knowledge or conscience , that they presume not to come to that holy table , shewing them that he that eateth and drinketh unworthily , eateth and drinketh judgement to himself . and on the other part he is in especial manner to invite and encourage all that labour under the sence of the burthen of their sins , and fear of wrath , and desire to reach out unto a greater progresse in grace then yet they can attain unto , to come to the lords tàble . is it not here held forth as the will of christ , that no prophane impenitent unconverted person ought or may come to the lords table , but onely such as have somewhat of the work of grace in them ? but let us hear mr. prynn himself . the seventh difference which he stateth between his antagonists and himself pag. . is this . whether the minister hath not fully discharged his duty and conscience if he give warning to unworthy communicants of the danger they incurr by their unworthy approaches to the lords table , and seriously dehort them from comming to it , unlesse they repent , reform , and come prepared . if this be a right stating of that difference ( and if it be true which mr. hussey in his epistle to the parliament pag. . saith , that it is a very great and dangerous sin , if they come without repentance , faith , and charity , wherein the minister must instruct his people publikely and privatly . ) then i suppose that mr. prynn will not deny that a minister ought in duty and conscience to do all this , to admonish a scandalous unworthy person , and seriously dehort &c. onely he contends that the minister is not bound in duty and conscience after all this to keep back such from the sacrament . well : i take for the present what he grants : and even by that i prove the lords supper is no converting ordinance ; for if it were . . how dare any minister seriously dehort any unworthy person from approaching to it ? may we forbid sinners to use the means of their conversion , especially if they be such as are not excommunicated nor cast out of the church , and do desire to receive the sacrament ? ( which are the cases often put by mr. prynn . ) . how can the minister warn such persons not to come to the sacrament unlesse they repent , reform , and come prepared ? if it be not a sealing ordinance intended onely for such as do repent and reform , the minister may not say so . . and otherwise the sence were this , that such persons ought not to come to a converting ordinance , unlesse they be converted ; for to repent , reform , and come prepared , are things which none can do who are not converted . finally ▪ by mr. prynn his principles , we may as well ▪ yea rather , dehort men from comming to hear the word unlesse they repent and reform . for pag. . he saith that the sacrament is as converting , yea a more humbling , regenerating , converting ordinance then the word . which if it be so , then we may more warrantably and with lesse danger to the souls of those who do not repent and reform , dehort them from comming to the word , then from comming to the sacrament . eighteenthly , that ordinance which is not communicable to heathens or pagans , nor to excommunicated christians , for their conversion from darknesse to light , from the power of sathan to god , from the state of sin to the state of repentance , is not a converting ordinance . but the lords supper is such . ergo. the reason of the proposition is , because converting ordinances are communicable to heathens : and thence proceeded the general commission to preach the gospel to every creature , and to teach all nations matth. . mark . . which accordingly the apostles did , rom. . . col. . . and if the sacrament be a converting ordinance for known impenitent scandalous prophane persons within the church , what reason is there imaginable why it is not also a converting ordinance for heathens , pagans , turks , jews ? or where have we the least hint in scripture that an ordinance which may convert the prophanest unexcommunicated person within the church , cannot convert both heathens and excommunicated christians ? the assumption i prove from mr. prynns own acknowledgement , pag. . though the sacrament saith he must not be administred to heathens , to whom the gospel may and must be preached , before they beleeve and professe christ : yet it must be administred to them as well as baptisme , after their beleef and profession of christ. where he clearly grants both sacraments , baptisme and the lords supper , to be onely sealing and confirming ( not converting ) ordinances to heathens , and therefore not communicable to them , till after they beleeve and professe christ. nineteenthly , that ordinance which is not communicable nor lawful to be administred to any known impenitent sinner under that notion , but onely as penitent sinners , truly repenting of their sins past , is not a converting but a sealing ordinance . but the sacrament of the lords supper is such . ergo. the proposition i prove thus . a converting ordinance may be administred to known impenitent sinners under that notion , or lookt upon as such , wallowing in their blood and filthinesse . yea a converting ordinance qua converting , is not ( nor indeed can be ) administred to penitent sinners qua penitent , or lookt upon as truly converted . for as every effect is in order of nature posterior to its cause , so a converting ordinance being the instrumental cause of conversion , regeneration , and repentance , it must needs be supposed that conversion and repentance doth not in order of nature precede but follow after the administration of the converting ordinance . the assumption is granted by mr. prynn pag. . the minister ( saith he ) doth not ( i suppose he will also say ought not ) administer the sacrament to any known impenitent sinners under that notion , but onely as penitent sinners , truly repenting of their sins past , and promising , purposing to lead a new life for the future . therefore yet again by some of his own principles , the sacrament is not administred as instrumental to the first conversion of scandalous unworthy persons in the church : for where there is in any ordinance an instrumental causality toward the conversion of a scandalous person , that ordinance must needs be administred to that person under the notion of an unconverted person , and the effect of conversion lookt upon as consequent , not as antecedent . the twentieth argument and the last is this . as i have before shewed that mr. prynn in holding the sacrament to be a converting ordinance , unto which unregenerate impenitent and unbeleeving persons ( not being excommunicated ) ought to be admitted , doth joyn issue with papists , and dissenteth from the protestant writers in a very special point , and that the controversie draweth very deep : so i will now make it to appear that he dissenteth as much from the ancients in this particular . dionysius areopagita de eccles. hierarch . cap. . part. . speaking of the nature of this ordinance of the lords supper , tells us that it doth not admit those scandalous sinners who were in the condition of penitents , before they had fully manifested their repentance , much lesse prophane and unclean persons in whom no signe of repentance appeareth ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not admitting him who is not altogether most holy . just in martyr apol. . lets us know that in his time the lords supper was given to none , but to such a person as was lookt upon as a beleever , and washed in the laver of regeneration , and lived according to the rule of christ. chrysostome hom. . in matth. augustine de side & operibus cap. . isidorus pelusiota lib. . epist. . and others might be here added . but i shall bring their full testimonies chap. . where i will shew antiquity to be for the suspension of scandalous persons unexcommunicated . beside these , i add also e beda upon cor. . who tells us both out of augustine and prosper , that none ought to come to the lords table but a justified person , and such a one as abideth in christ and christ in him . isidorus de ecclesiast . offic . lib. . cap. . citing the apostles words , he that eateth and drinketh unworthily , addeth . f for this is to receive unworthily , if any man receive at that time in which he should be repenting . the same words hath rabanus maurus de instit. cleric . lib. . cap. . which plainly sheweth us that in their judgement , the sacrament of the lords supper doth suppose conversion and repentance to be already wrought , and if it be not wrought , the receiving is an unworthy receiving . moreover that the lords supper was not anciently esteemed a converting ordinance , but a sealing ordinance , supposing conversion , is more then apparent by the distinction of missa catechumenorum and missa fidellum : and by that proclamation in the church before the sacrament , sancta sanctis , the sence whereof durantus de ritibus , lib. . cap. . num . . giveth out of chrysostome and cyrill , that sancta sanstis was as much as to say : si quis non est sanctus , non accedat : if any man be not holy , let him not approach . or as if it had been said to them , the sacrament is a holy thing , sancti & vos cum sitis sancto spiritu donati ; and seeing you also are holy , the holy spirit being given unto you ; atque ita sancta sanctis conveniant , and so holy things agreeing to holy persons . if the lords supper be a holy thing intended onely for holy persons , then ( sure ) it is no converting ordinance . i might also cite divers school-men against mr. prynn in this particular . i shall instance but in two for the present . scotus in lib. . sent. dist . . quaest. . proveth from cor. . . that it is a mortal sin for a man to come to the sacrament at that time when he is living in a mortal sin ; and that he who is not spiritually a member of christ , ought not to receive the sacrament , which is a signe of incorporation into christ. alexander alensis part . quaest. . membr . . art. . sect. . saith thus . as there is a double bodily medicine ( curativa & conservativa ) one for cure , another for conservation , so there is a double spiritual medine , to wit ( curativa & conservativa ) one for cure , another for conservation ; repentance for the cure , the eucharist for conservation . &c. chap. xiiii . mr. prynne his twelve arguments brought to prove that the lords supper is a converting ordinance , discussed and answered . it shall be now no hard businesse to answer mr. prynns twelve arguments , brought by him to refute my assertion , that that the sacrament of the lords supper is no converting ordinance . see vindic. pag. . to . first he tells us we grant that moral carnal christians , and all such as are not convicted of scandalous sins , are to be admitted to the sacrament . thrrefore doubtlesse ( saith he ) it is and was intended by christ for a converting ordinance to all such as these , to turn them from their evil waies , and work saving grace within their hearts , since it can have no other proper primary effect in such . certainly god and christ bestow no ordinances upon men in vain ; therefore their intentions in instituting this supper , even for such visible , moral , unregenerate christian , as well as real saints , must necessarily be for their conversion , not their confirmation and sealing onely . answ. lapsus in initio mali augurii est . he confoundeth here things most different . . he confoundeth our admitting of communicants , with gods intention to do good to their souls : and his argument runs upon this mistake , that god intendeth good to the souls of all who come to the lords table , though wicked close hypocrites ; and since this good cannot be sealing onely , it must be conversion . but it is neither sealing , nor conversion , nor any good at all which god intends by that ordinance to them that perish : yet it is not in vain : for he himself tells us pag. . that even in these , the minister administring the sacrament , is a sweet savour to god , who hath appointed the sacrament secundarily and contingently , to be a means of aggravating mens sins and condemnation , to magnifie his justice . . there is a most dangerous mistake in that which he saith of the intentions of god and of christ. if he mean of what god intendeth or purposeth in the councel of his own will , that in this sence god intendeth the conversion of those that perish , is to make void and frustraneous the decree , will , and intention of god , which is grosse arminianisme and jesuitisme . but if he mean finis operis , the proper end for which the sacrament was instituted , and the good which the word of god tells us we ought to seek , and may through the grace of god find in the sacrament : then in that sence , to say that christs intention in instituting this sacrament was for conversion of moral unregenerate christians , is meerly a begging of what is in question . the like i say of that proper primary effect of the sacrament in such . if he mean the proper primary effect decreed in the secret counsel of god , he myres himself in arminianisme . if he mean the proper primary effect of the sacrament in respect of its own nature , this is but petere principium . . all who pretend right to the sacrament are either visible saints , qualified according to the rule of christ , and such as the eldership ( examining their profession and practice according to the rules of the word ) judgeth fit to be admitted to the sacrament ; or they are not such . if they be such , then the end and use of the sacrament in reference to them , is to be a sealing ordinance . for the eldership judgeth and supposeth them fit to be sealed and confirmed , so far as they can understand , and in that capacity do admit them : god onely being able to judge close hypocrites . if they be not qualified , as i have said , then we do not grant that they ought to be admitted . his second argument hath no strength at all . all ordinan●es which strengthen grace do more or lesse begin or beget it , and the directory it self calls the sacraments means of grace pag. . what then ? the directory calls this sacrament means of grace , because by it christ and all his benefits are applied and sealed up unto us , and we are sealed up by his spirit to an assurance of happinesse and everlasting life . but ( saith he ) why may not the sacraments convert as well as confirm . i have given many reasons for it . if he could prove that what confirms doth also convert , why did he not do it ? if he could not prove it , why brings he a strong affirmation instead of an argument ? as for that which he addeth , that the lords supper is received not once as baptism , but frequently . for this very end , that those who often fall into sin through infirmity , may likewise by this supper often rise again , be refreshed , comforted , and get strength against their corruptions and sins : and is it not then a converting as well as a confirming ordinance ? what a wavering is here ? is the raising , refressiing , and comforting of those who often fall through infirmity , the conversion or first grace which now we dispute of ? or whether doth he not here yeeld the cause ? for the refreshing and comforting and strengthening of those that fall through infirmity , is the effect of a confirming not of a converting ordinance . and in this sence divines have given a reason , why we are but once baptized , but do often receive the lords supper , because baptisme is the sacrament of our initiation , the laver of regeneration ; ( i mean not that which hath been called baptismal regeneration , fancied to be common to all the baptized , but i mean that which is wrought in and sealed to the elect baptized ) the lords supper is the sacrament of our spiritual nourishment and strengthening : and it is enough to be once born , once regenerate , but we must be often nourished and strengthened . his third argument is this . the very receiving of the sacrament even in ●…nregenerate persons , is accompanied with such things as are most effectual to convert . as . with a previous external serious examination of their own hearts and estates between god and their own consciences . . a solemn searching out of all their open or secret sins and corruptions , past or present , accompanied with a serious particular privat confession of them , a hearty contrition and humiliation for them &c. . pious soul ravishing meditations &c. which make deep temporary impressions on their hearts . flexanimous exhortations , admonitions , comminations , directions , prayers by the ministers in the congregation , before , in , and after this dutie . whereupon he leaveth it to every mans conscience to judge whether this sacrament is not more likelie to regenerate and change their hearts , and lives , then the bare word preached , or any other ordinance . answ. . here is a lump of wild , uncouth , and most erroneous divinity . who ever heard of an external examination of mens hearts between god and their own consciences ? or . that unregenerate persons can and do seriously examine their own hearts , and search out all their sins with a hearty contrition and humiliation for them ? &c. or . that deep temporary impressions on their hearts are most effectual to convert and regenerate ( for he doth enumerate all these as particulars most effectual to convert . ) or . that in the very receiving of the sacrament , men hear the ministers prayers in the congregation . . that this sacrament is more likely to regenerate then the bare word preached ( i suppose he means not the word without the spirit ( for nobody holds the bare word in that sence to regenerate ) but preaching without other concurring ordinance ) or any other ordinance . which if it be , he cannot choose but allow to give the sacrament of the lords supper to excommunicated persons , and to the unbaptized , whether heathens or jews , being of age , and desiring to receive it . secondly , if all the whole antecedent part of his argument were granted , the consequence is naught : for this must be the consequence , if examination of mens hearts , the searching out of all their sins , confession , contrition , prayers , vowes , meditations , exhortations , which do accompany the sacrament , be most effectual to convert and to beget grace , then the sacrament is a converting ordinance . which consequence he will never prove . put the case that self-examination , confession , prayers , vowes , meditations , exhortations , at the calling of a parliament , at the going out of an army , at the choosing of magistrates or ministers , at the death of parents , friends , &c. prove effectual to conversion ; shall we therefore say that the calling of a parliament , the going out of the army , the choosing of ministers or magistrates , the death of parents or friends , are converting ordinances ? his fourth argument alone is syllogistical ( i wish all his arguments throughout his whole book had been such , that the strength or weaknesse thereof might the sooner appear ) that ordinance where●…n we most immedietly converse with god and christ , and have more intimate visible sensible communion with them , then in any other , is certainly the most powerful and effectual ordinance of all others , to humble , regenerate , convert , and beget true grace within us . &c. but the sacrament of the lords supper by our antagonists own confession is such . ergo. answ. . i retort his argument against himself . that ordinance wherein we most immediatly converse with god and christ , and have more intimate communion with them then in any other , is a sealing , confirming , but not a converting ordinance . for they who are converting have not such intimate communion and immediat conversing with god and christ , as they who are already converted and do walk with god as enoch did and are filled with all joy and peace in beleeving , rom. . . even with joy unspeakable and full of glory , pet. . . the daughters of ierusalem being sick of love for christ , yet are far from that communion with him , which his spouse longer acquainted with him did enjoy , therefore they ask at her , whither her beloved was gone that they might seek him with her . cant. . hath the child fed with milk more communion and conversing with his father , then the son come to years , who eateth and drinketh at his fathers table ? do we not see often a servent convert like apollos , whom an aquila and priscilla must take and expound unto him the way of god more perfectly . act. . , . . i deny his proposition as he frames it , for the plain english of it is this ; if it be a sealing , comforting , confirming ordinance , then it is a converting ordinance , which i clear thus . he takes his medium from his antagonists concession , for they accord ( saith he ) that we have more immediate communion with god in this ordinance then in any other , for as much as in this sacrament christ is more particularly applied , and the remission of our sins more sensibly sealed to us then in any other ordinance : from whence i thus infallibly conclude against these opposites . then follows his argument , which is no other then a putting of the converted in the condition of the unconverted , or the unconverted in the capacity of the converted ▪ or to prove it converts , because it seals . . if this sacrament be the most powerful and effectual ordinance of all others , to humble , regenerate , convert , and beget true grace : it will follow that we ought ( at least may ) give the sacrament not onely to the most ignorant and scandalous within the church , but to turks , pagans , jews , and to excommunicated persons , as i said before . . he challengeth his antagonists for crying up and magnifying this sacrament above the word preached , and by way of opposition tells them that he hath in some former tractates proved gods presence and spirit to be as much , as really present in other ordinances as in this . vindic. pag. yet now i see no man who doth so much as himself , magnifie the sacrament above the word . . whereas he brings this proof for his major proposition : because the manifestation , revelation , and proximity of god and christ to the soul , is that which doth most of all humble and convert it . if this hold true in the generality as he propounds it , then the spirits of just men made perfect and glorified , are converted by the revelation and proximity of god and of christ , whereof they have unconceaveably more then the saints on earth . but neither in this world doth the manifestation and revelation of god and of christ , prove conversion and regeneration to be in fieri at that instant when god so manifesteth and revealeth himself , which is the thing he had to prove . i give instance in divers of those scriptures cited by himself : gods revealing of himself to iob , chap. . and . to isaiah , chap. . christs manifesting of his power to peter , luke . was after , not at their conversion , so that psal. . . but heteregeneous impertinent quotations of scripture are usual with him : i am sorry i have cause to say it . some other scriptures which here he citeth may be expounded of gods proximity to us , and ours to god in conversion , isa. . . zeph. . . eph. . . iam. . . but that this kind of proximity which doth convert , is in the sacrament , he hath supposed , but not proved . his fifth argument is taken from the converting power of the word : that which makes conversion by the word is the particular application of christ and the promises . now the sacrament doth most particularly and effectually apply christ and the promises unto every communicants eyes , ears , heart , and soul , far livelier then the word preached . answ. . this is a meer fallacy , à dicto secundum quid ad dictum simpliciter : and easily discovered . the sacrament applyeth christ , but to whom ? not to the unconverted and unbeleevers ( for that were to give a seal without a charter ) but to those that are supposed to be converted and beleevers . he had this to prove , that the sacrament doth apply christs death , passion , and merits to unconverted persons , and to unbeleevers , yea to their heart and soul. . that the sacrament doth apply the death , passion , and merits of christ to the communicants ears , and that far livelier than the word preached , is to me a riddle which i think will trouble mr. prynn himself to expound . . a great controversie there hath been about the orall or corporal manducation of the body of christ in the sacrament . but mr. prynn out-runneth here all ubiquitaries in the world , for he hath said no lesse then that every communicant eateth spiritually and by faith the body of christ , even unconverted persons , for he saith , that this sacrament doth most particularly , fully , lively , and sensibly apply the promises , yea the death , passion , and merits of christ unto every communicants eyes , ears , heart and soul . which is plainly universal grace to all who ever received this sacrament ( and so to iudas , according to his principles ) and to all who ever shall receive it . . whereas he would confirm this which he saith , by his antagonists confession ; i do not think he can give any conscientious account of that word . who said it , or where ? he must needs hold universal grace , hold it who will. . here lies the strength of his argument : the word converts by applying christ , therefore the sacrament , which doth more lively apply christ to every communicant , must be a converting ordinance . which necessarily implyeth , that all who receive the sacrament are converted . yea if application inferre conversion , as the effect of the application , the saints and beleevers themselves must be again constituted in the first article of conversion , and transition from the estate of nature and unregeneration . . the application of christ in the word unto conversion , is a thing of another nature than the sacramental application of christ , and therefore like effects ought not to be ascribed unto these ordinances : for the application of christ made in the word preached to the unconverted to convert them , is per influxum physicum , by a most efficacious life-giving influence , as when elisha applyed himself to the shunnamites dead child , or like that ezek. . . iohn . . and . . but this manner of influence or causality is denied to the sacrament by many of the schoolmen and papists themselves . so much of his fifth argument which i thought to answer in two words , if the many absurdities in it had given me leave . his sixth argument is this , all grant that god doth as effectually convert by the eye as by the ear . all grant . i deny it . and i verily beleeve he can produce very few authors ( if any ) for it . he ought not to speak so great words without good warrants , which here i am sure he hath not . well : but he will prove the thing it self . first he tells us of the book of nature , and of the creatures , by which we are instructed &c. but either he means that the very book of nature can and doth effectually and savingly convert to faith in christ and to true sanctification , or not . if the affirmative , then the heathens who lived and died in paganisme had sufficient means and helps to conversion and faith in christ : ( for those pagans had the book of the creatures to instruct them , as is expressed in some scriptures cited by himself ) and so there may be salvation and the means thereof without the church . if this be not his meaning , but that the book of nature instructeth us concerning many things of god , yet doth not teach us to know christ and all things necessary to salvation , far lesse doth effectually and savingly convert : then he hath said nothing to that point which he had to prove . . he saith that all the sacrifices of the old law , and circumcision , and the passeover did teach gods people who participated of them , or were present at them , by the eye , and were converting ordinances , as all do and must acknowledge . answ. here is another tinckling cymbal . do all acknowledge that the sacraments of the old testament were converting ordinances ? there can be no rational account given hereof . certainly our writers before cited , and diverse others who denie the sacraments of the new testament to be converting ordinances , never meant to admit that the sacraments of the old testament were converting ordinances . . how circumcision did teach by the eye those who did participate of that ordinance , and so infants , is another riddle . . if sacrifices under the law had been converting ordinances , yet that cannot be a just parallel to sacraments , except seeking to make the lords supper a converting ordinance we convert it self into a sacrifice for sin , as papists do . but neither doth he offer the least colour of reason to prove that all the external sacrifices of the old law were converting ordinances , which here he affirmeth . the apostle speaketh otherwise of the legal sacrifices , which he saith could not make him that did the service perfect , as pertaining to the conscience : heb. . and therefore calls all those rites carnal ordinances , vers . . for though they were spiritual in respect of their signification and typifying of christ , and sealing the covenant of grace to the faithful in the old testament , yet they were not spiritual in regard of their giving of grace or working conversion or purging the conscience , for they had no such operation nor effect . fourthly , mr. prynn confirms his present argument by the miracles of the prophets , christ and the apostles , which ( saith he ) converted thousands without preaching , did convert and regenerate men by the eye without the ear . for proof whereof he cites abundance of texts of scripture which do not prove what he saith , nay some of them prove the contrary . some of the scriptures cited , do not prove conversion and regeneration by miracles , but either confirmation as iohn . . after the miracle , it is added , and his disciples beleeved on him . or some preparatory initial work before regeneration , as that iohn . . mr. prynn will hardly prove that nicodemus was already regenerated at that instant , when he knew not what regeneration was : or that those iohn . . who beleeved on christ when they saw his miracles at the feast , had any more then a temporary faith , it being said of them , that iesus did not commit himself unto them , because he knew all men . act. . . luke . . . tell us of some who at the sight of miracles were stricken with fear and amazement , and gave glory to god , which proves not that miracles did convert , but convince . the like i say of kings . . . other texts cited by him make expresse mention of the word as a mean of the conversion which was wrought , as iohn . . the man beleeved the word that jesus had spoken , and this was before the miracle . iohn . . many beleeved , but they heard christ preach vers . . so iohn . . those jewes who beleeved on christ after they had seen the miracle , did also hear that which christ said , yea their beleeving is mentioned as an effect of their hearing , vers . . . so act. . . stephen did indeed great miracles , but the multiplying of the number of the disciples , is referred to the word , vers . . act. . . it is expressely said , and the people with one accord gave heed unto those things which philip spake , hearing and seeing the miracles which he did . quâ fide hath mr. prynn cited this very text to prove that men were converted by miracles without the word , by the eye without the ear . some other scriptures by him quoted prove onely a popular confluence and the multitudes following of christ. having seen his miracles as iohn . . and . . . matth. . . . for the people were inclined to hearken to doctrine by miracles , which moveth natural men to flock together to see strange things saith mr. hussey . plea for christian magistracy , pag. . which he is pleased to clear by peoples flocking to a mountebank . other texts which he citeth , speak of miracles , but not a syllable of conversion or regeneration wrought by miracles , as act. . . act. . . . among the rest of the texts he citeth iohn . . ye seek me , not because ye saw the miracles , but because ye did eat of the loaves and were filled . and hence forsooth he will prove that miracles did convert and regenerate men . i had not touched these particulars , were it not that i desire mr. prynn himself in the fear of god may be convinced of his making too bold with the scripture in citing and applying it very far amisse : and that for the future his reader may be wary , and not take from him upon trust a heap of scriptural quotations , such as often he bringeth . in the fourth place , he tells us , that the things we see with our eyes do more affect , and beget deeper impressions in our hearts , then the things we hear . he means ( i think ) do more effectually convert , for so he makes the application , that the very beholding of christs person , passion , without the word , were the most effectual means of working contrition , conversion , &c. well : what is his proof ? he citeth christs words to his disciples , blessed are your eyes for they see : ( without adding the rest , and your ears , for they hear ) and simeons words , mine eyes have seen thy salvation , as if forsooth either simeon or the apostles had been converted and regenerated by the seeing of christs person . he cites also luk. . , , . as if all who ( beholding christs passion and death ) smote upon their breasts , had been by that sight converted and regenerated . that the things we behold with our eyes , if they be great or strange things work deep impressions , there can be no doubt of it . but that the hearing of great things may not work as deep impressions , or that seeing without hearing doth convert and regenerate , hath been strongly affirmed by mr. prynn , but not yet proved . i proceed to his seventh argument which is this . the most melting soul-changing meditation is the serious contemplation of christs death and passion . no meditation comparable to this , to regenerate and convert a carnal heart . and is not this effectually represented to our eyes , hearts , in this very sacrament in a more powerful prevailing manner then in the word alone . answ. that which he had to subsume and prove is , that this sacrament worketh in a unregenerate carnal heart such soul changing meditations of the death and passion of christ , as it never had before ( the soul having never before been regenerate ) which being the point to be proved , why did he not prove it , if he could ? no doubt the sacrament is a most powerful mean to beget in the hearts of beleevers and regenerate persons most humbling and melting meditations concerning the death of christ. but that it begetteth any soul changing or regenerating meditations in those in whom the word hath never yet begun the work of regeneration and conversion ; i do as much disagree in this , as i agree in the other . the eighth argument which he brings is from comparing the sacrament with afflictions . our own corporal external afflictions are many times without the word the means of our repentance and conversion unto god , &c. then much more the sacrament , wherein the afflictions of christ himself are so visibly set forth before our eyes . answ. . it is a very bad consequence , for the strength resolves into this principle , an unregenerate carnal man will be more affected and moved with the representation of christs afflictions , than with the feeling of his own corporal afflictions . . affliction doth not convert without the word either going before or accompanying it ( unlesse we say that pagans or turks may be converted savingly by affliction before ever they hear the word . ) psal. . . blessed is the man whom thou chastenest and teachest him out of thy law. job . . . . . and if they be bound in fetters , and holden in cords of affliction . then he sheweth them their work and their transgression that they have exceeded . he openeth also their ear to discipline , and commandeth that they return from iniquity . behold conversion by afflictions , but not without the word . while mr. prynn goeth about to prove that afflictions convert without the word , the first text he citeth is psal. . . . where expresse mention is made of the word . as for manasseh his conversion chron. . . . it was wrought by the means of affliction , setting home upon his conscience that word of god mentioned in the verse imediatly preceding , which saith and the lord spake to manasseh and to his people , but they would not hearken . let him shew the like instance of the conversion by the sacrament of such as would not hearken to the word , and i shall yeeld the cause . the word is expresse , that affliction is one special powerful mean of conversion , but it no where saith any such thing of the sacrament . . it was also incumbent to him to prove that afflictions do convert without the word , not onely at such times and in such places as do sequester a person from the liberty of hearing the word preached , but also when and where the word is freely enjoyed . otherwise how far is he from concluding by analogy the point he had to prove ? which is , that an unregenerate person living under the ministery of the gospel , and being an ordinary hearer , never converted by the word , may neverthelesse ( according to the dispensation of the grace of god revealed in scripture ) be converted by the sacrament received ? his ninth argument is this . that ordinance whose unworthy participation is a means of our spiritual obduration , must by the rule of contraries when worthily received , be the instrument of our mortification , conversion , salvation . but the unworthy receiving of the sacrament is a means &c. answ. . this argument doth necessarily suppose , that an unconverted , unmortified , unworthy person , while such , may yet worthily receive ( and so by that means be converted ) the contrary whereof i have demonstrated in my tenth argument . . if the sacrament be not worthily received , without repentance , faith , and self-examination ( for which cause men are dehorted to come , except they repent &c. ) then there is perfect non-sence in the argument , for to say that the sacrament when worthily received is the instrument of conversion , is as much as this ; the sacrament is an instrument of conversion to those who are already converted . . that rule of contraries is extremely mis-applyed . the rule is oppositorum , quatenus talia , opposita sunt attributa , contraries have contrary attributes . g the comparison must be made secundum differentias quibus dissident , otherwise that old fallacy were a good argument . a single life is good , therefore marriage is evil ; virginity is pure , therefore marriage is impure : whereas marriage and single life are not opposed in the point of good and evil , purity and impurity , but in the point of immunity from worldly cares and troubles . so it is a bad consequence ( at least against us ) unworthy receiving of the sacrament is an instrument of obduration , ergo worthy receiving of it is a mean of conversion . for we hold that worthy receiving and unworthy receiving are not opposed in point of conversion , but in point of sealing : the worthy receiving seals remission and salvation : the unworthy receiving seals judgement . but mr. prynn still takes for granted what he had to prove ; viz. that this particular is one of those differentiae quibus dissident ista opposita . come on to his tenth argument . it s taken from the ends for which this sacrament was ordained . . the keeping in memory christs death . . the ratification and sealing of all the promises and covenant of grace unto the receivers souls . . to be a pledge and symbole of that most neer and effectual communion which christians have with christ , and that spiritual union which they enjoy with him . . to feed the communicants souls in assured hope of eternal life . . to be a pledge of their resurrection . . to seal unto them the assurance of everlasting life . . to binde them as it were by an oath of fidelity to christ , whereupon he asketh how it is possible that this sacrament should not both in gods intention and christs ordination , be a converting as well as a sealing ordinance , since that which doth seal all these particulars to mens souls , &c. must needs more powerfully perswade , pierce , melt , relent , convert an obdurate heart and unregenerate sinner then the word it self ? answ. . his argument may be strongly retorted against himself , divers of these ends of the sacrament being such as are incompetent and unapplicable to obdurate and unregenerate sinners : how did he imagine that even to such as these , the sacrament doth ratifie and seal to their souls all the promises and covenant of grace , they not having yet closed with christ in the covenant ? or how will he make it to appear , that this sacrament is a pledge of a most neer union and communion with christ , even to those who are yet far from any union with christ ? or how shall they be fed in hope and sealed in assurance of everlasting life , who are yet under the curse of the law and state of condemnation ? surely master prynne granting here that the sacrament is ordained of christ to seal , and that it doth seal all these particulars to mens souls , doth thereby yeeld the whole cause . for that which doth seal all these particulars to mens souls , most certainly doth not convert , but presuppose conversion . . if this sacrament be by gods intention a converting ordinance , and gods intention being by him distinguished from christs ordination , whether doth it not necessarily follow both from this and from his first argument ( unto which this gives more light ) that god did in the secret counsel of his will intend and decree the conversion of the flintiest heart and obdurest spirit , as he speaketh ; and that either this effect is wrought by the sacrament in the flintiest heart and obduratest spirit ( which i believe he dare not say ) or that gods decree and intention is frustrate ? . and if the sacrament must needs more powerfully perswade , pierce , melt , relent , convert an obdurate heart and unregenerate sinner then the word it self ; how then can he either seclude pagans , or dehort impenitent unworthy persons from the sacrament ? his eleventh argument is the grossest and palpablest petitio principii of any that ever i met with , and to be offered to none except such as cannot distinguish between that which is affirmed , and that which is proved . first he tells us what true conversion is , and then asks if any thing be so prevalent to effect this as the sacrament . this therefore i passe . his twelfth and last argument is an appealing to the experience of christians . but a part of his appeal is of no use ; that is , whether this sacrament doth not strengthen against corruptions and tentations , which doth not touch this present controversie . it is as little to the purpose which he saith of conversion by preparations to the sacrament , which may be by the word , prayer , &c. but that many thousands of converted christians will experimentally affirm , that the receiving of the sacrament was the first effectual means of their conversion , yea , that they had not been converted had they been debarred from it for their former scandalous sins , i do as confidently deny it as he affirmeth it : and if any who hath been a scandalous liver , whose heart was never yet turned , humbled , broken , changed by the word , nor by any other mean of grace , should affirm that his very receiving of the sacrament did effectually convert him , i durst not herein give credit to him . for to the law and to the testimony ; if they speak not according to this word , it is because there is no light in them . and whereas he concludes , for shame therefore disclaim this absurd irreligious paradox , for which there is not the least shadow of scripture or solid reason : i shall wish him for shame to disclaim this and many such like expressions more bold and arrogant , then either prudent or conscientious . and the intelligent reader who considereth my twenty arguments for that which he calls so absurd , and my answers to all his twelve arguments , will easily judge where the shame and irreligiousnesse will lie . if at his door , let him look to it . alba ligustra cadunt , vaccin●…a nigra leguntur . all that he addeth pag. , , , being at best rhetorical , not rational , and a superstructure upon that foundation , that the lords supper is a converting ordinance ; it needs no battering , but falls of it self , the foundation being taken away . and as we ought not nor cannot without sin suspend scandalous sinners from the sacrament , if it be a converting ordinance ( upon which supposition also both the advice of the assembly of divines , and the ordinance of parliament concerning suspension from the sacrament , were most sinful and unlawful ) so if it be not a converting but a sealing ordinance ( which i hope is now luce clarius ) there needs no other argument for the suspension of scandalous sinners living in grosse reigning sins , but this , that the end and use for which this sacrament was instituted , is not conversion which these need , but sealing and confirmation , of which they are incapable , they being such as ought to be kept back à signis gratiae divinae , as divines speak . for how shall these that in words professe god , but in their works deny him , be sealed with the seals or marked with the marks of the favour and grace of god ? most certainly this question concerning the nature , end , and use of the sacrament , casts the ballance of the whole controversie concerning suspension : which i have therefore been the larger upon . and whereas master prynne concludeth , pag. , with a large citation out of lucas osiander enchir. contra anabapt . cap. . quaest . . for that he shall have this return . first , all that osiander there saith , is brought to prove this point against the anabaptists , quod et si unum aut alterum videamus in ecclesia aliqua flagitiosum , propterea neque secessionem faciendam , neque à sacris congressibus , aut coena domini christiano abstinendum . that although in some church we see some one or other flagitious person , yet a christian is not therefore either to make a separation , or to abstain from the sacred assemblies or the lords supper . which is not the question now agitated between us . secondly , after that passage cited against us , master prynne might have taken notice of another passage which maketh against himself . where the anabaptists did object to the lutheran churches , their admitting of scandalous persons to the sacrament , osiander denieth it : for ( saith he ) although we cannot help hypocrites their coming to the lords table ; nos tamen scienter neminem admittimus , nisi peccatores poenitentes , &c. yet we admit none willingly , except penitent sinners who confesse their sins and sorrow for them . thirdly , osiander , ibid. quaest. . holdeth excommunication to be an ordinance of god , and groundeth it upon matth. . , , . therefore master prynne must seek another patron then osiander . and now the nature of the ordinance being cleared , there needeth no more to confute master prynne in that which he makes the eighth thing in controversie between him and his antagonists , namely , whether ministers may not as well refuse to preach the word to such unexcommunicated , grosse , impenitent , scandalous christians , whom they would suspend from the sacrament . certainly it is not lawful but commanded as a duty to preach both to the converted and to the unconverted , without excluding the most scandalous impenitent sinners whosoever . but the lords supper being ( according to its institution and the minde of jesus christ ) a sealing or confirming ordinance onely , it cannot without a violation of the institution be given to known impenitent scandalous persons . other particulars in his debate concerning this eighth point of difference , which do require any answer , i will take occasion to speak unto them in the next chapter . chap. xv. whether the admission of scandalous and notorious sinners to the sacrament of the lords supper , be a pollution and profanation of that holy ordinance ; and in what respects it may be so called ? master hussey in his plea , pag. . doth very much mistake his mark , when in opposition to what i had said concerning the polluting of the sacrament by the admission of the scandalous , he tells me out of beza , that the sacraments remain effectual to the good , though evil men come to them : and thereupon concludeth , that the sacrament is holy and pure to the believer , notwithstanding the unpreparednesse of the wicked : which is not the thing in question : much lesse is it the question , whether there be any such thing as a pollution of the sacrament : for this master coleman hath yeelded ( though before he quarrelled that phrase of polluting the ordinances ) giving instance in the using of cheese instead of bread , male dicis , pag. . but the true state of the controversie may be laid open in these few distinctions . first , as scotus in lib. . sent. dist. . quaest. . distinguisheth two sorts of things which may be called necessary to a sacrament ; necessarium simpliciter , and necessarium aliqualiter : the former he calls that without which the sacrament is no sacrament : the later , that without which they that give the sacrament cannot avoid sin , or the want whereof maketh the ministery guilty ; so do i distinguish two sorts of pollution of the sacrament , one which makes the sacrament no sacrament , but a common or unhallowed thing to those that do receive it , as ( for instance ) if the sacrament were given by those that are no ministers , o● to those that are no church , or without the blessing and breaking of bread : another which makes the ministration of the sacrament hic & nunc , and with such circumstances to be sinful , and those that do so administer it to be guilty : and so whatsoever is done in the ministration of the sacrament contrary to the revealed will of god , is a pollution of that ordinance . the present question is of the later , not of the former . secondly , some wicked men by their receiving the sacrament do onely draw judgement upon themselves , and these are close hypocrites : others by their receiving of the sacrament do involve not themselves onely , but others also into sin and gods displeasure ; and these are scandalous notorious sinners . thirdly , the sin of those who pollute the sacrament by using it contrary to the nature and institution of it , may be the sin of others , and those others accessary to such pollution of the sacrament two ways : either it is the sin of the whole church , none excepted , so that none that communicateth then and there can be free of the sin , as where the bread is elevated and worshipped , all the communicants are eo ipso that they joyn in the sacrament then and there , partakers of the sin of bread-worship , though perhaps some of them do not joyn in the act of worshipping the bread , but have done what they could to prevent or hinder it . or it is the sin onely of so many as have not done what they ought and might have done for observing the institution , rule and example of jesus christ. and of this sort is the sin of communicating with scandalous and profane men . if private christians have interposed , by admonitions given to the offender , and by petitions put up to those that have authority and power for restraining the scandalous from the lords table , they have discharged their consciences , and may without sin communicate though some scandalous members be admitted : for such persons sin in taking the sacrament , but worthy communicants are not partakers of their sin . but if church-officers who have a charge and authority from jesus christ , to receive none whom they know to be unworthy , profane and scandalous , shall not withstanding admit such persons , they are thereby partakers of their sin , so that their receiving , or rather polluting of the sacrament , is imputed not to themselves onely , but to the church-officers who had authority to keep them back , and did it not . fourthly , the suffering of a mixture of known wicked persons among the godly in the church , doth sometime defile us with sin , sometime not . it doth not defile us , when we use all lawful and possible remedies against it , and namely , when we exercise the discipline of excommunication , and other church-censures , saith augustine , lib. contra donatistas , post collationem , cap. . tom. . but it doth defile us , and we do incur sin and wrath , when the means of redressing such known evils are neglected , indisciplinata patientia ( it is augustines word ) so to bear with wicked men , as not to execute discipline against them , that certainly makes us partakers of their sin . i mean in a reformed and well constituted church , where the thing is feasible . but where it cannot be done , because of persecution , or because of the invincible opposition either of authority , or of a prevalent profane multitude , in that case we have onely this comfort left us , blessed are they that hunger and thirst after righteousnesse ; and , in magnis voluisse sat est . fifthly , neither doth this question concerning the pollution or profanation , or abuse of the sacrament , concern those peccata quotidianae incursionis , such sins of infirmity as all the godly , or at least the generallay of the godly , are subject unto and guilty of , as long as they are in the world ( for then the sacrament should be polluted to all ; for , who can say , i have made my heart clean , i am pure from my sins ? ) but onely grosse and scandalous sins , such as make the name of god and the profession of religion to be evil spoken of and reproached , those roots of bitternesse which spring up , whereby many are like to be defiled ; those that are guilty of such sins , and have given no evidence of true repentance , if they be received to the sacrament , it is a profaning of the ordinance . now that the admission of scandalous and notorious sinners to the sacrament in a reformed and constituted church , is a profanation or pollution of that ordinance , may be thus proved . first , paraeus upon the question in the heidelberg catechism , where it is affirmed , that by the admission of scandalous sinners to the sacrament , the covenant of god is profaned , giveth this reason for it , because as they who having no faith nor repentance , if they take the s●als of the covenant , do thereby profane the covenant ; so they who consent to known wicked and scandalous persons their taking of the seals , or to their coming to the sacrament , do by such consenting make themselves guilty of profaning the covenant of god ( for the doer and the consenter fall under the same breach of law ) yea , so far do they sin by such consenting , as that they do thereby acknowledge the children of the devil to be the children of god , and the enemies of god to be in covenant and to have fellowship with god. he distinguisheth these two things , who ought to come to the sacrament , and who ought to be admitted . none ought to come , except those who truely believe and repent : none ought to be admitted , except such as are supposed to be believers and penitent , there being nothing known to the contrary . if any impenitent sinner take the sacrament , he profanes the covenant of god. if the church admit to the sacrament any known to live in wickednesse without repentance , the church profaneth the covenant of god. secondly , that ordinance which is not a converting but a sealing ordinance , which is not appointed for the conversion of sinners but for the communion of saints , is certainly profaned and abused contrary to the nature , institution , and proper end thereof , if those who are manifestly ungodly , profane , impenitent , and unconverted , be admitted to the participation thereof . but the sacrament of the lords supper is not a converting but a sealing ordinance , &c. which i have proved by infallible demonstrations . ergo. thirdly , that use of the sacrament which is repugnant and contradictory to the word truly and faithfully preached in the name of christ , is a prophaning of the sacrament . but to give the sacrament to those who are known to live in grosse sins without repentance , is an use of the sacrament which is repugnant and contradictory to the word truly and faithfully preached in the name of christ. ergo. i suppose no man will denie , that if we truly and faithfully preach the word , we may and ought to pronounce and declare such as live in sin impenitent and unconverted , to be under gods wrath and displeasure as long as they continue in that estate . be not deceived saith the apostle , neither fornicators , nor idolaters , nor adulterers , nor effeminate , nor abusers of themselves with mankind , nor theeves , nor covetous , nor drunkards , nor revilers , nor extortioners , shall inherit the kingdom of god. cor. . . . see the like ephes. . , , . whence it is , that doctrinally we warn the ignorant and scandalous , and all such as live in known sins without repentance , that they presume not to come and prophane that holy table . of which ministers are appointed by the directory to give warning . how then can we by giving the sacrament to such as these , give the lye to the word ? h for what other thing shall we do ; if those whom the word pronounceth to have no part in the kingdom of god nor of christ , shall be admitted as well as the godly to eat and drink at the lords table , while known to continue in the committing of their damnable sins , or while it is known that they have not repented of the uncleannesse , and fernication , and lasciviousnesse which they have committed ? cor. . . what is this but to absolve in the sacrament those who are condemned in the word , and to open the kingdom of heaven in the sacrament unto those on whom the word shutteth it ? fourthly , that use of the sacrament which strengtheneth the hands of the wicked , so that he turneth not from his wickednesse , is an abuse and profanation of the sacrament . but the giving of the sacrament to any known prophane impenitent person is such an use of the sacrament as strengtheneth the hands of the wicked , so that he turneth not from his wickednesse . ergo. i appeal to the experience of all godly and faithful ministers , whether they have not found it a great deal more difficult to convince or convert such prophane men as have been usually admitted to the sacrament , then to convince or convert such as have been kept back from the sacrament ? no marvel that such prophane ones as have usually received the seals of the covenant of grace , and joyned in the highest act of church-communion , live in a good opinion of their souls estate , and trust in lying words , have we not eaten and drunken at thy table ? the sacrament , the sacrament , as of old the temple , the temple . mr. prynn thinks , that the minister hath fully discharged his duty and conscience , if he give warning to unworthy communicants of the danger they incurre by their unworthy approaches to the lords table . vindic. pag. , . but he may be pleased to receive an answer from himself , pag. . the things we see with our eyes do more affect and beget deeper impressions in our hearts , then the things we hear . the word preached is verbum audibile , the sacrament is verbum visibile . how shall prophane ones be perswaded by their ears to beleeve that whereof they see the contrary with their eyes ? they will give more credit in mr. prynns own opinion to the visible word , then to the audible word . fifthly , if it were a prophanation of the sacrament of baptisme to baptize a catechumene , a jew , or a pagan professing a resolution to turn christian , he being manifestly under the power of abominable reigning sins , and being still a prophane and wicked liver , although he were able to give a sound and orthodox confession of faith : then it is also a prophanation of the lords supper to admit unto it abominable and prophane livers . but it were a prophanation of the sacrament of baptisme &c. augustine lib. de fide & operibus cap. . tells us , that the church did not admit whores and such other scandalous persons to baptisme . et nisi egerint ab his mortuis operibus poenitentiam , accedere ad baptismum non sinuntur . and except they repent ( saith he ) from these dead works , they are not suffered to come unto baptisme . divers arguments he brings in that book for this thing , as . that peter saith ( act. . . ) repent and be baptized . . that the apostle heb. . , . joyneth repentance from dead works with baptisme . . that iohn preached the baptisme of repentance . . that fornicators , adulterers , theeves , &c. shall not inherit the kingdom of god : therefore such as are known to live in these sins without repentance ought not to be baptized . . he argueth from cor. . , , . &c. now i offer this quaere . shall an abominable wicked life , murther , adultery , swearing , cursing , lying , or the like keep back a man from so much as entering into the visible church by the door of baptism , and shall not the like abominations keep back a man from fellowship with the saints at the lords table ? is there more evidenc● of saintship required in those who come to be baptized , then in those who come to the lords table ? if there be , let our opposites speak it out , and open up the riddle . if there be not , then how can their tenent avoid the prophanation of the lords table ? sixthly , that ordinance which is prophaned by admitting infants and idiots who can make no good use of it , is much more prophaned by admitting abominable and known prophane persons who make a very bad use of it . but the lords supper is prophaned by admitting infants and idiots who can make no good use of it . ergo. mr. prynn pag. . yeeldeth that children , fools , and distracted men , are by a natural disability made uncapable of receiving the lords supper , because unable to examine themselves , to which ( saith he ) not withstanding they have been admitted in some churches . in what churches fools and distracted men have been admitted to the lords supper , i should have willingly learned from him , for as yet i know not any such thing children i know were somtime admitted by the ancients who did afterward discover their own great error in that particular . however , he yeelds as i take it , children and fools to be uncapable of the lords supper . and why ? because unable to examine themselves , in regard of natural disability . but where there is no disability in the natural faculties , may not a sinful disability which a man hath drawn upon himself ( as ignorance , drunkennesse , corrupt and atheistical opinions , presumptuous excusing or defending of sin ) make him unable to examine himself ? shall men that are unable to examine themselves be admitted to the sacrament , because not disabled by any natural disability ? sure this was far from pauls thoughts when he delivered that rule concerning examining our selves before the sacrament . whoever they be who are unable to examine themselves , whether naturally or sinfully , much more they who manif●stly appear unwilling to examine themselves , if they be admitted and allowed to come to the lords supper , it is a high and ha●nous prophanation of that ordinance . wherefore to prosecute my argument , why do we exclude infants and idiots ? because 〈◊〉 apostle saith , let a man examine himself , and so let him 〈◊〉 bread , and drink of that cup : but infants and idiots 〈◊〉 examine themselves . now a positive prophanation of the sacrament , is worse then a negative prophanation of it : abuti is more then non bene uti . we know that prophane impenitent sinners will not onely make no good use of the sacrament , nor examine themselves aright , but will abuse it to the worst use that can be , even to slatter themselves in their wickednesse , and to harden themselves in sin and impenitency . mr. prynn will tell us , we know not but god may convert such at the sacrament . but there is not the least hint in all the word of god of any impenitent sinner converted by the sacrament . and beside , it is as easie for god to give an idiot or distracted man his right wits , and to illuminate him with a self-examining knowledge and light in the very instant of approaching to or sitting down at the table ; and if a possibility , a per adventure it may be , and who knoweth but it may convert and do them good ; be a warrantable ground for ministers to administer the sacrament to prophane and scandalous persons as mr. prynn holds , pag. . why shall not the same ground be as warrantable for admitting idiots . seventhly , if the temple was polluted and prophaned by the comming of prophane and abominable persons into it , then is the sacrament of the lords supper also profaned by such persons their participation of it . but the temple was polluted and prophaned &c. the reason of the consequence in the proposition is , because as the temple had a sacramental signification of christ , and a certain ceremonial holinesse , as well as the lords table , so it will be dur●…s sermo ( and i presume none of our opposites will adventure to say it ) that such prophanesse as did of old keep back men from the temple , cannot now exclude them from the sacrament . the assumption is largely proved in the first book , both from scripture and from jewish writers . that one place ezek . . . . ( beside divers others ) cleareth it . moreover this they have done unto me : they have defiled my sanctuary in the same day , and have prophaned my sabbaths ▪ for when they had slain their children to their idols , then they came the same day into my sanctuary to prophane it . you see the temple was prophaned and polluted , not onely by those that were ceremonially unclean , but by idolaters and murtherers when any such presumed to come into the temple . eighthly , i desire the scope of that place hag. . , , , . may be considered . the lord is teaching his people , that a thing legally holy , could not by the touch thereof sanctifie that which by the law was common and not holy , yet he which was legally unclean , did defile whatsoever he touched , yea though it were legally holy . so is this people , and so is this nation before me , saith the lord , and so is every work of their hands , and that which they offer there is unclean . the legal holinesse and uncleannesse were significant ceremonies to teach the people the hecessity of moral holinesse , and the evil or danger of moral uncleannesse : hence god himself argues from the significant ceremony to the morality , so as the place holds forth by necessary plain consequence these three propositions . . the ceremonial uncleannesse did signifie the moral uncleannesse , and the effect of the former did signifie the effect of the latter . . unholy persons are not sanctified by their approaching to , or joyning in holy ordinances : but he that is filthy will be filthy still , and he that is unjust ▪ unjust still . if god do not give them his spirit to sanctifie them , the ordinances cannot do it . . yet unholy persons , while such , do defile holy ordinances , and that by moral as well as by ceremonial uncleannesse : therefore the people themselves , and every work of their hands being evil , the lord for that cause reckoneth their sacrifices to be unclean . did prophane persons defile the sacrifices of old , and do they not defile our sacraments ? nay , i should think this , much more then that , there being more of the communion of saints in our sacraments , then in their sacrifices . the ninth argument which alone may conclude the point , shall be taken from matth. . . give not that which is holy unto the dogs , neither cast ye your pearls before swine . if the sacrament be a holy thing , and if prophane scandalous impenitent sinners be dogs and swyne , then to give the sacrament to such , is to prophane and pollute the sacrament , and indeed no better but worse then to give pearls to swine . mr. prynns ▪ reply vindic . pag. . doth not take off this argument . for without any proof , he restricteth to certain particulars that which the text saith generally both of the things and of the persons . first for the things , he saith the text is principally intended of not preaching the gospel to such , so that we must seclude them from the word as well as from the sacrament . but i ask , is it meant onely of the word ? he hath not said so , nor will ( i think ) say so . erastus himself pag. . confesseth it is meant also of the sacraments . the text saith not , the holy thing , and the pearl , but holy things , pearls . it must therefore be understood respective . some are so vile , and so abominably prodigiously prophane , blasphe●ous , mockers , persecuters , that i ought not to preach to such , but to turn away from them to others , according to christs direction , and the apostles example . others are such as i may preach unto , yet ought not to pray or give thanks with them , nor to admonish them ( and much lesse give them the sacrament ) others i may admonish and pray with them , yet ought not to give them the sacrament . and all these by reason of that rule , give not that which is holy to dogs , &c. so that we are not bound up by this text , either to seclude men from the word , or otherwise from no holy : thing . next , the argument holds à fortiori , from the word to the sacrament . for saith i pareus . if christ said this of the word , which is common to the converted and to the unconverted , how much more must it be said of the sacraments , which are instituted onely for such as are converted . as for that sort of persons which the text speaks of , master prynne ( following erastus , lib. . cap. . ) saith that these doggs and swine are onely such infidels and heathens , who refused to embrace the gospel , and harbour the preachers of it : or pers●cutors of the gospel , and of the ministers of it : or open apostates from the christian faith which they once embraced . and he citeth divers scriptures , which he saith do expresly determine it . but he observes not that the most which those scriptures prove , is , that such men as he speaks of are doggs and swine , which is not the question : that which he had to prove , is , that the doggs and swine which christ speaks of , are onely infidels , or persecutors , or apostates from the christian faith . this onely he hath boldly averred , but shall never prove it . it is one thing to prove that infidels , persecutors and apostates are doggs and swine , another thing to prove that there are no other doggs and swine . that which the apostle peter saith , of such as having escaped the pollutions of the world , and known the way of righteousnesse , do afterward turn aside from the holy commandment , namely , that such do with the dog ●eturn to the vomit , and with the sow that was washed to the wallowing in the mire , pet. . , , . doth belong to all scandalous and backsliding christians , whether they be such in doctrine or in life onely ; and is generally so applied by divines . erastus himself , pag. . understandeth that vomit and puddle , . pet. . to be the sinful pleasures of the world , relabuntur ( saith he , glossing upon the place ) ad voluptates moresque hujus seculi . and solomon saith the same thing generally of an ungodly wicked person , prov. . . as a dog returneth to his vomit , so a fool returneth to his folly . nor is it to be forgotten that the apostle using the words of epimenides , calls the cretians evil beasts , tit. . . because they professed to know god , but in their works ▪ denied him , being impure , disobedient , and unto every good work reprobate . wherefore the precept matth. . . is rightly applied by isidorus pelusiota , lib. . epist. . to the denying of the sacrament to all persons of an unclean conversation , ▪ as well as to jews and hereticks . so chrysostome doth apply this text to the excluding of known unworthy men from the sacrament ; and this he doth , homil. . de compunctione cordis , as i remember . and hom. in matth. he hath these words to the same purpose . if thou hadst a clear fountain committed to thy keeping , to be kept clean by thee , wouldst thou let filthy swine come and puddle in it ? how much more the fountain of the blood of christ ? where by filthy swine he understandeth all unworthy and scandalous persons whatsoever , as is evident by that which follows , and by that also which went before , where he gives instance of the scandals in life and conversation . and upon the text it self , matth. . he applieth it to a suspension of all such as were not acknowledged for visible saints , not onely from receiving but from beholding the sacrament . hence was that in the ancient church , sancta sanctis ; at which word all others were dismissed before the receiving of the sacrament , who were not accounted visible saints . hence came the distinction of duplex missa , that is , duplex dimissio . missa catechumenorum , & missa fid●…lium . when the catechumens were dismissed , then also together with them were dismissed all scandalous persons who had scandalized the church , except such penitents as ( having now in a great measure satisfied the church-discipline , and manifested their repentance publikely , according to certain usual degrees of publike declaration of repentance ) were permitted to behold the giving and receiving of the sacrament , after the catechumens were gone ( which yet themselves were not admitted to partake of , till they had gone thorow all the degrees , and finished the whole course of publikely manifesting repentance ; onely in the danger of death they were permitted to receive the sacrament , before that course was finished , if they should desire it . ) then last of all , after the sacrament , was the missa fidelium , the dismission of the faithful . augustine , lib. de fide & operibus , cap. . so applieth the prohibition of giving holy things to doggs , that he thence argueth against the administration of baptism to persons living in adultery ( although such as have embraced the orthodox doctrine ) which is also the scope of that whole book . now if persons of a profane conversation , though orthodox in their judgement and profession , be such doggs as ought to be refused baptism when they desire it , surely they are also such doggs as ought to be refused the lords supper . moreover , the onely seeming advantage which master prynne catcheth , is from the word doggs ( which yet is no advantage ; for that is applied generally to wicked and profane persons in the scriptures above cited ▪ and so revel . . . ) but he shall do well to observe the word swine too : for ( as grotius upon the place , following chrysostome , doth make the distinction ) the doggs are such as bark and contradict ; the swine such as do not bark and contradict , but by an impure life ( saith he ) declare how little esteem they have of the holy things . which difference ( as he conceives ) the text it self doth hint : for it mentioneth not onely the turning again to rent , which is the dogges part , but the trampling of pearls under feet , which is the swines part . finally , this argument from matth. . hath gained so much upon erastus himself , lib. . cap. . that he restricteth himself to the admission of such onely to the sacrament as acknowledge and confesse their fault , promise amendment , and desire to use the sacraments rightly with the rest , so far as we are able to judge . which concession will go far . chap. xvi . an argument of erastus ( drawn from the baptism of john ) ●gainst the excluding of scandalous sinners from the lords supper , ●xamined . the strongest arguments of erastus drawn from the old testament , i have before discussed . another argument of his which deserveth an answer ( for i take him in his greatest strength ) is this . iohn baptist ( saith he ) did baptize all , none excepted , who came to him to be baptized ; yea , even the pharisees and sadduces , whom yet he called a generation of vipers . answer . . they that were baptized by iohn , did confesse their sins , and professe repentance ; and l erastus himself brings in iohn baptist speaking to those pharisees on this manner . i do not see into your hearts , but he that cometh after me , hath his fan in his hand , and will separate the chaff from the wheat : so that though ye may deceive me with a feigned repentance , yet you cannot deceive him . hereupon erastus concludeth , that the ministers of the gospel ought not to deny the sacraments to those that professe repentance , and ought not take upon them to judge of mens hearts whether they do truely and unfeignedly repent . m now all this maketh for the suspension from the sacrament of all such as do not confesse their sins , nor professe repentance for the same : the drunkard that will not confesse his drunkennesse , the unclean person that will not confesse his uncleannesse , the sabbath-breaker that will not confesse his breach of the sabbath , are by this ground to be excluded ; and so of other scandalous persons . we are not to judge of mens hearts ▪ , but we are to judge of the external sign●s of repentance , whether sin be confessed , and repentance declared by some hopeful signes or not . . neither doth his argument fully reach admission to the lords table , where some further and more exact proof must be had of ones fitnesse and qualification for the communion of saints . even those that are of age when they are baptized are but incipientes : when they come to the lords table they are proficientes : there is some more required in proficients , then in novices and beginners : as there is more required to fit one for strong meat th●n for milk . . it is also a question whether those pharisees that came to the baptisme of iohn were indeed baptized of him n tostatus tells us some think they were not baptized , and they prove it from luk. . . and all the people that heard him and the publicans justifie●… god , being baptized with the baptisme of john. but the pharisees and lawyers rejected the counsel of god against thems●…lves , being not baptized of him . there is a controversie whether th●se be the words of our saviour christ , or of the evangelist luke . but there can be no controversie of this , that the pharisees and lawye●s were not baptized of iohn , but the people and the pu●licans were . which may very well be extended to those pharisees of whom we read matth. . . for the holy ghost having said of the people , that they were baptized of iohn in iordan , confessing their sins , he saith no such thing of the pharisees , but onely that they came to his baptisme ( whether to see the fashion and the new ceremony , or whether with an intention to be baptized ) after which we read no more but that iohn gave them a most sharp admonition , and called them a generation of vipers , and told them that they should not glory in being abrahams children : whereupon it may seem they went away displeased and unbaptized . but when i compare the evangelists together , that which appears to me to be meant matth. . . concerning many of the pharisees comming to the baptisme of iohn , is that they were sent from ierusalem with a message to ask iohn , who art thou ? for they who were sent upon that message were of the pharisees , iohn . . and they were sent to bethabara beyond iordan where iohn was baptizing , iohn . . and a part of iohns answer to them was , i baptize with water , but there standeth one among you whom ye know not : &c. iohn . . in both passages iohn speaks of him that was to come after him , whom he preferreth before himself . in both , he professeth that he could do no more but baptize with water or ministerially . in both , he saith he was not worthy to unloose the latchet of christs shoe . so that many of the circumstances do agree with the story , matth. . and the other circumstances are not inconsistent . in the other evangelists it is , i baptize you with water : but that proves not that the pharisees who were sent to iohn , were baptized , for luke doth plainly apply those words to the people luke . . . . but when the pharisees asked iohn , why baptizest thou &c. the answer to them was not i baptize you with water , but i baptize with water . o the centurists think that the pharisees who were sent from ierusalem to iohn to ask him who art thou ? john . were not sent from any good esteem which was had of iohn , but from malice , and an intent to quarrel with him . this they prove because iohn saith to them o generation of vipers , who hath forewarned you to flee from the wrath to come ? which insinuateth a coincidency of these two stories related matth. . and iohn . p salmeron thinks that message was sent to iohn out of honour and respect to him , and he endeavours to confute the centurists , but among all his answers he doth not averre ( which had been his best reply , if he had thought it probable ) that those words o generation of vipers , were not spoken to the pharisees that were sent from ierusalem to iohn . yea q salmeron himself doth in another place observe divers coincidencies between the story of that which passed between iohn , and the pharisees that came to his baptism ; and the story of that which passed between iohn and the pharisees that were sent to him from ierusalem . . erastus argueth from the admission of a generation of vipers to baptisme , to prove the lawfulnesse of admitting a generation of vipers to the lords supper . but i argue contrariwise . such persons as desire to be received into the church by baptisme , if they be prophane and scandal us persons , ought not to be baptized but refused baptisme , as augustine proveth in his book de fide & operibus . therefore prophane and scandalous persons ought much lesse be admitted unto the lords supper . of which argument more before . i conclude with the r centurists . iohn did not cast pearls before swine : he did not admit rashly any that would to baptisme , but such as confessed their sins , that is , onely such as were tryed and did repent , but the contumacious and the defenders of their impieties or crimes he did reject . chap. xvii . antiquity for the suspension of all scandalous persons from the sacrament , even such as were admitted to other publik ordinances . mr. prynn in his first quaere would have us beleeve that in the primitive times scandalous sinners were ever excommunicated and wholy cast out of the church , and sequestred from all other ordinances , as well as from the sacrament ; and since ( saith he ) in the primitive times ( as is evident by tertullians apologie cap. . de poenitentia lib. and others ) scandalous persons were ever excommunicated and wholy cast out of the church ( extra gregem dati ) not barely sequestred from the sacrament . but for further clearing of the ancient discipline concerning suspension , i have thought good here to take notice of the particulars following . first , that great antiquary s albaspinaeus , proving that church communion or fellowship was anciently larger than partaking of the sacrament of the lords supper ; he proves it by this argument , because many of those who had scandalously fallen , were admitted to communion with the church in prayer and all other ordinances , the eucharist onely excepted . next , it is well known to the searchers of antiquity , that there were four degrees of publike declaration of repentance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : which the latines call fl●…us , auditio , substratio , consistentia : after all which followed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the participation of the sacrament , which they were at last admitted unto , and is therefore mentioned by some as the fifth degree , though ( to speak properly ) it was not poenal , nor any degree of censure as the other four were . first , the penitent was kept weeping at the church door , beseeching those that went in to pray for him : thereafter he was admitted to hear the word afar off among the catechumens : in the third place there was a preparatory reconciliation or reception into the church , with prayer and imposition of hands , which being done , the man was in some sort admitted into christian fellowship , and acknowledged for a brother , yet after the word and prayer . he went forth with the catechumens before the sacrament . but there was a fourth degree after all this ; he might stay in the church , and see and hear in the celebration of the sacrament , after the catechumens and the three first sort of penitents were dismissed , yet still he was suspended from partaking of the sacrament , for a certain time after he was brought to this fourth and last step : t so cautious were those ancients in admitting of men to the sacrament , till they perceived lasting , continuing , clear , and real evidences of true repentance . three of the degrees above-mentioned are found in the canons of the councel of ancyra . and of the councel of nice , namely the three last . the first which did not admit a man so much as into the church to the hearing of the word , as it was afterwards added , so it is not so justisicable as the other three . but here is the point i desire may be well observed , that of old in the fourth and fifth , yea in the third century , u men were admitted not only to the hearing of the word , but to prayer with the church , who yet were not admitted to the sacrament of the lords supper . x the councel of ancyra held about the year . can. . appointeth some scandalous persons to shew publike signes of repentance for . years , before they be admitted to fellowship with the church in prayer : and for . years thereafter to be kept off from the sacrament . y the councel of nice doth plainly intimate the same thing , that some were admitted to prayer , but not to the sacrament . the different steps of the reception of those that had fallon may be likewise proved from z the councel of arles . i. mich. dilherrus lib. . electorum cap. . after the mention of those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth observe that as antiquity did goe too far , so the later times have fallen too short . and this is a chief cause why christian religion doth hear very ill among many , because ecclesiastical discipline hath waxed cold * so much by the way . this of the several degrees of penitents . i shall yet further insist upon , because this alone will prove that we have antiquity for us . a gregorius thaumaturgus in his canonical epistle concerning those who in the time of the incursion of the barbarians , had eaten things sacrificed to idols , and had committed other scandalous sins ; doth plainly distinguish these five things thus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the weeping is without the gate of the church , where the sinner must stand , beseeching the faithfull that come in to pray for him . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the hearing is within the gate in the porch , where the sinner may come no nearer then the catechumens , and thence go out again . &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the substration is that standing within the church door , he go forth with the catechumens . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the consistency is that he stand still together with the faithful , and do not go forth with the catechumens . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in the last place the participation of the holy mysteries or sacrament . he that will read the epistles of basilius magnus to amphilochius will find these five degrees more particularly distinguished , applyed to several cases , and bounded by distinct intervalls of time . it were too long to transcribe all : b i shall onely give you some most plain passages to prove that there was in basils time a suspension from the sacrament of the lords supper alone , or that a man was suspended from the sacrament , when he was not suspended from hearing and praying among the faithful . for further confirmation of the same thing , read conc. ancyr . can. . can. . can. . can. . can. . can. . co●…t . nican . can. . can. . can. . can. . i do not mean to approve the too great severity of this ancient discipline , nor do i hold it agreeable to the will of christ , that such as give good signes of true repentance , and do humbly confesse and really forsake their sin , having also made publike declaration of their repentance to the church for removing the publike scandal , ought notwithstanding of all this , to be suspended from the sacrament when they desire to receiv● it . for the word doth not warrant the suspending of scandalous sinners from the sacrament , until such a set determinate time be expired , but onely till they give sufficient evidence of repentance . but setting aside this and such like circumstances , the thing it self , the suspending of a scandalous person from the sacrament , who is not nor ought not to be suspended from assembling , hearing , and praying with the church , is the will of christ , as i have proved , and was the commendable practice of the ancient church , which is the point i now prove against mr. prynne . the councel of ancyra can. . . doth also appoint the time of suspension from the sacrament to be made shorter or longer , according as the signes of true repentance should sooner or later , more or lesse appear in the offender . so doth the councel of nice can. . and the councel of carthage held under honorius and theodosius the lesser . can. . if any man shall obj●ct against me and say ; peradventure the penitents before spoken of , were onely such as did manifest their repentance after excommunication , and these several degrees afore-mentioned , were but the degrees of their reception or admission into the church , so that all this shall not prove the suspension from the sacrament of persons not excommunicated . i answer , he that will think so , will be found in a great mistake : and my argument from antiquity will yet stand good , for suspending from the sacrament persons not excommunicated . for first , neither do the canons of the councels of ancyra , and nice , nor of gregorius thaumaturgus and basilius magnus , nor yet the commentators zonaras and balsamon , apply these five degrees above mentioned to persons who had been excommunicated , but they speak generally of persons who had committed scandalous sins , and afterward were converted and appeared penitent : for instance , those who did backslide and fall in time of persecution , as multitudes did under licinius and other persecuters , when they converted and professed repentance , they were received again into the church by certain steps and degrees , some more , some fewer , according to the quality of their offence ; no man that hath searched antiquity will say that all who did fall in time of persecution were excommunicated for that offence , nor yet that they were all put to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to the weeping at the church door , but yet all of them , even those whose offence was least ( as the libellatici who had taken writs of protection from the enemy or persecuter ) were put to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or consistentia , which was a suspension or abstention from the sacrament , even when the person was admitted to hear and pray with the church . wherefore the degrees afore-mentioned were degrees of receiving into the communion of the church scandalous persons professing repentance . secondly , the . canon of basil to amphilochius speaketh thus . he that hath stolen , if repenting of his own accord he accuse himself , shall be for a year restrained from the communion of the holy mysteries onely . but if he be convict , the space of two yeers shall be divided to him unto substration and consistency : then let him be thought worthy of the communion . will any man imagine that a penitent theef accusing himself , was excommunicated ? it is more then manifest that here was a suspension of an offender not excommunicated . for assoon as the offence was known by the offenders accusing of himself , he was suspended from the sacrament alone for a year , and then admitted to the sacrament . yea he that was convict of theft , was not by this canon excommunicated , nor yet put either to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but onely to the third and fourth degrees . thirdly , by the th . canon of basil to amphilochius , he that had killed another though in a lawful war , was ( for the greater reverence to the sacrament ) suspended for three yeers ; and by the . canon , he also that killed a robber was suspended from the sacrament . i do not justifie these canons , but only i cite them to prove , that by the ancient discipline persons not excommunicated were suspended from the sacrament : for no man can imagine that a souldier shedding blood in a lawful war , or a man killing a robber on the high way was therefor excommunicated . fourthly , the eighth general councel called synodus prima & secunds , held about the yeer . in the thirteenth canon , speaking of certain turbulent schismaticks ( not being of the clergie as the canon speaketh , but laicks or monks ) appointeth this censure , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let them be totally or altogether separated from the church . which intimateth that there was a lesser degree of being separated or suspended from communion with the church . zonaras upon that canon doth so understand it , and distinguisheth a double 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c for it is also a separation ( saith he ) to be excluded or restrained from the receiving of the divine mysteries onely . but there is another separation , which is to be cast out of the church , which the canon calleth a total separation , as being the heavier or greater censure . which is the very same distinction with that which was afterward expressed under the terms of major & minor , the greater and lesser excommunication . for which also i shall give you another proof as clear and older too , taken from the . canon of the sixth general councel , where it is decreed that those who resort to magicians , charmers , fortune-tellers , and such others who professe curious and unlawful arts , shall fall under the canon of six years separation . but as for those who per●…ist in such things , and do not turn away nor flee from these pernicious and heathenish studies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we appoint them to be altogether cast out of the church . mark the gradation in the canon , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and hear balsamon his explanation upon it . note from this present canon ( saith he ) that he who sinneth and converteth , obtaineth favour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and is punished in a lesser measure ; but he who persevereth in the evil , and is not willingly reduced to that which is better , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is greatly punished . for here also he that commeth and confesseth the sin , is to be punished with six yeers segregation : but he that persevereth in the evil 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is to be east out or expelled from the church : adde what he had said before , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and shall not thenceforth converse with the orthodox . which intimateth as plainly as any thing can be , that there was an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a segregation or sequestration used in the ancient church , which was a lesser censure than casting out of the church and from the company of church-members . zonaras seemeth to understand the canon otherwise . ( for he saith nothing of the offenders converting and confessing his sin before the six years segregation ; but that for the offence it self ( committed , not confessed ) a man was segregated six years , and afterward if he did not repent but continue in the offence , that then he was to be cut off , and cast out of the church : wherein as i take it , he did explain the mind of the councel , better then balsamon . however in that point which i now prove , they are most harmonious , namely concerning a greater and lesser excommunication . wherefore also the fathers of this synod ( saith zonaras ) did ordain those who do such a thing , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be segregated for six years , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but if they continue therein , to be also cut off from the church . fifthly , to suppose that there were no poenitentes in the ancient church but such as were excommunicati , were a greater error then that it should need any confutation . yea there were some poenitents who did of their own accord confesse their offences which could not have been otherwise known but by such voluntary confession : and those saith zonaras annot. in conc. carth. can. . were most properly called poenitents , i hope no man will imagine that such were excommunicated . but so it was that all the poenitents ( even such as had neither been excommunicated nor yet forensically convict by proof of scandal , but did voluntarily confesse and convert ) were for some season kept back from the sacrament , as is manifest by that instance given out of basilius magnus , of theft voluntarily confessed , for which notwithstanding the offender was for a year suspended from the sacrament . sixthly , it is manifest that there were several degrees of censure upon bishops and presbyters . they were sometime suspended from giving the sacrament , and as it were sequestred from the exercise of their ministery , which suspension or sequestration is sometimes called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be separate , sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be sequestred from communion , to wit in the exercise of the ministery , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not to minister there was a higher censure then this , which was deposition or degradation , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the honour or degree of presbytership to be taken away ; basils phrase is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they are deposed from their degree . these two censures , a suspension or sequestration from the ministery , and a total deposition from the ministery are distinguished by the eighteenth canon of the councel of ancyra , and the sixteenth canon of the councel of nic●… , compared with the fifteenth canon of those called the apostles , ( which certainly were not the apostles , yet are ancient ) see also zonaras in can. . apost . likewise both him and balsamon in conc. nic. can. . again there was somthing beyond all this , which was excommunication or to be wholy cast out of the church , a censure sometime not inflicted when the former were : for a minister might be suspended , yea deposed from his ministery , yet permitted to communicate or receive the sacrament among the people , as is plainly determined can. . apost . and can. ▪ basilii ad amphil. if there were such degrees of censure appointed for bishops and presbyters , how shall we suppose that there was no lesse censure for church-members then excommunication ? for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to a minister , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to one of the people , were paralel . whence it is that you will often find in the ancient canons , and namely of the sixth general councel , he that committeth such a fault , if he be one of the laity , let him be segregated , if one of the clergie , let him be deposed . as therefore a further censure after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 might fall upon a minister ; so a further censure after that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 might be inflicted upon one of the people . i have now made it to appear that the practice , discipline , and canons of the ancient church , are for us in this present controversie about suspension from the sacrament . in the next place i will produce particular testimonies of fathers . i shall take them as they fall to my hand without any curious order . i begin with isidorus p●…lusiota who flourished about the year . or ( as others say ) . in the first book of his epistles , epist. , to thalel●…us he disswadeth from giving the sacrament to three sort of persons . . to jews . . to hereticks , of both which he saith that they had once received the doctrine of truth , but did after return with the dog to the vomit . . to persons of a prophane and swinish conversation . d unto all or any of these he holds it unlawful to give the sacrament , and that because of a divine prohibition , give not holy things to dogs , neither cast ye pearls before swine . and he concludeth thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for saith he the giving of the mysteries to such persons , is unto those who contemptuously give them , a breach out of which they are not awaked . dionysius areopagita ( whom i do not take to be that areopagite converted by paul ▪ act. . but certainly he is an ancient writer as is manifest by the scholia upon him , written by maximus who flourished about the year . he is also cited by the sixth general councel , and by some ancient writers ) de ecclesiastica hierarchia cap. . part . . sect. . . having spoken of the exclusion of the catechumens , energumens , and penitents from the sacrament of the lords supper , though all these heard the word read and preached , he addeth that unclean , carnal , prophane persons in whom sathan reigneth by sin , are worse , and ought much lesse to be admitted to the sacrament , then those who were bodily possessed of the divel . these therefore ( unclean and profane persons ) as the first , and much rather then those ( energumens ) let them be suspended or sequestrate by the judicial or discriminating voice of the minister : for it is not permitted unto them to partake of any other holy thing , but the ministery of the word , by which they may be converted . for if this heavenly celebration of the divine mysteries , refuse or repel , even penitents themselves ( although they were sometime partakers thereof ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not admitting him who is not altogether most holy , &c. ( for that most pure voice doth also restrain those who cannot be joyned and knit together with such as do worthily communicate in those divine mysteries ) surely the multitude of those in whom vile lusts and passions do reigne , is much more prophane , and hath much lesse to do with the fight and communion of these holy things . the old scholiast maximus upon that place saith thus , note that he reckoneth together with the energumens those that continue without repentance in the allurements of bodily pleasures , as fornicators , lovers and frequenters of unlawful plaies , such as the divine apostle having mentioned , doth subjoyn with such a one no not to eat . where mr. prynn may also note by the way how anciently cor. . . was applied , so as might furnish an argument against the admission of scandalous persons to the sacrament . let us also hear the paraphrast pachimeres upon the place . for if the celebration of the divine mysteries refuse even those who are in the very course of repentance , not admitting such , because they are not throughly or wholy purified and sanctified , as it were proclaiming it self invisible and incommunicable unto all who are not worthy to communicate , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , much more they who are yet impenitent are to be restrained from it . if you please to search further , take but one passage of e cyprian , which speaks plainly to me for suspension from the sacrament , for he sharply reproves the receiving to the sacrament such persons as were not excommunicate ( for if they had , most certainly he had mentioned that as the most aggravating circumstance ) but having committed smaller offences , had not made out the course of publike manifesting their repentance according to the discipline of the church . if we shall require more , we have a most plain testimony of iustine martyr , telling us that at that time they admitted none to the lords supper except those onely who had these three qualifications . . they must receive and beleeve the doctrine preached and professed in the church . . they must be washed or baptized unto the remission of sins and regeneration . . they must be such as live according to the rule of christ. his words are these . this food is with us called the eucharist , which is lawful for none other to partake of , but to him that beleeveth those things to be true which are taught by us , and is washed in the laver for remission of sins and for regeneration , and liveth so as christ hath delivered or commanded . g walasridus strabo ( a diligent searcher of the ancients which were before him , and of the old ecclesiastical rites ) who died about the year . mentioneth this suspension from the sacrament , as an ecclesiastical censure received from the ancient fathers : and he gives three reasons for it , to prove that it is for the sinners own good to be thus suspended . . that he may not involve himself in greater guiltinesse . . that he may not be chastened of the lord with sicknesse and such other afflictions as the profanation of that sacrament brought upon the corinthians . . that being terrified and humbled , he may think the more earnestly of repenting and recovering himself . it was truly said that this discipline was received from the ancient fathers , which as it appeareth from what hath been already said , so the testimony of chrysostome must not be forgotten . he in his tenth homily upon matthew expounding those words matth. . . and were baptized of him in jordan , confessing their sins : noteth that the time of confession belongeth to two sorts of persons : to the prophane not yet initiated ; and to the baptized : to the one that upon their repentance they might get leave to partake in the holy mysteries : to the other that being washed in baptism from their filthinesse they might come with a clean conscience to the lords table . his meaning is , that neither the unbaptized nor scandalous livers though they were baptized , might be admitted to the lords table , whereupon he concludeth : let us therefore abstain from this l●…ud and dissolute life . h the latin translation rendring the sence rather then the words , speaketh more plainly . but there is a most full and plain passage of chrysostome in his . homily upon matthew , neer the end thereof , where he saith of the lords supper , let no cruel one , no unmerciful one , none any way impure , come unto it . i speak these things both to you that do receive , and also to you that do administer . even to you this is necessary to be told , that with great care and heedfulnes you distribute these gifts . there doth no small punishment abide you , if you permit any whose wickednesse you know , to partake of this table : for his blood shall be required at your hands . if therefore any captain , if the consul , if he himself that wears the crown come unworthily , restrain him , which to do thou hast more authority then he hath . and after . but if you say how shall i know this man and that man ? i do not speak of those that are unknown , but of those that are known . i tel you a horrible thing , it is not so ill to have among you those that are bodily possessed of the divel , as these sinners which i speak of , &c. i let us therefore put back not onely such as are possessed , but all without distinction whom we see to come unworthily , &c. but if thou thy self darest not put him back , bring the matter to me , i will permit no such thing to be done . i will sooner give up my life , than i will give the body of the lord unworthily ; and sooner suffer my blood to be poured out , than give the lords blood unworthily , and contrary to my duty ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to such as are horribly scandalous . he concludeth that this discipline is medicinal and profitable in the church , and that the keeping back of the scandalous , is the way to make many worthy communicants . can any man imagine that all such unworthy persons were excommunicate and wholy cast out of the church ? do not all chrysostomes arguments militate against the admission of any scandalous and unworthy person known to be such ? saith he not , that all simply or without distinction whom they perceived to come unworthily were to be put back ? if onely excommunicate persons were kept back from the sacrament , what needed all this exhortation to those that did administer the sacrament to be so careful , cautious , and heedful , whom they would admit ? and if none were to be excluded from the sacrament but those that were branded with the publike infamy of excommunication , what needed this objection to be moved , how shall i know such ? moreover , both cyprian and k ambrose do most plainly and undeniably hold forth different degrees of church censures , and l cyprian is most full and clear concerning a suspension from the sacrament of persons not excommunicated nor cast out of the church . for answering a case of conscience put to him concerning certain young women whose conversation and behaviour with men had been scandalous and vile , he resolveth that so many of them as did professe repentance , and forsake such scandalous conversing and companying together , if they were still virgins , were to be again received to communicate with the church ( namely in the sacrament from which they had been kept back ) with premonition given to them , that if they should after relapse into the like offence , they should be cast out of the church graviore censura with a heavier censure : but that if they were found to have lost their virginity , they should make out the whole course of publike declaration of repentance , and so not be so soon admitted to , but longer susspended from the sacrament . adde hereunto a passage in m augustine plainly intimating that at that time , beside reprehension , degradation , and excommunication , there were other censures daily used in the church according to the apostles commandement , thess. . . . he is speaking of the mixture of good and bad in the church , and that wicked men may be in some sort suffered in the church , provided ( saith he ) that the discipline of excommunication , and the other usual censures in the church be not neglected , but duly executed where it is possible . but what were those other censures , if not the suspension of scandalous and prophane persons ( not excommunicated ) from the sacraments : i appeal for further proof hereof to one passage more of augustine de fide & operibus cap. . n whores , stage-players , and others whosoever they be that are professors of publike filthinesse , except such bonds ( of wickednesse ) be loosed and broken , are not permitted to come unto the sacraments of christ : which forsooth according to their judgment ( that is such as would have profane persons baptized as well as others ) should be all admitted , unlesse the holy church should retain the ancient and vigorous custom , which commeth from the most clear truth , by which she hath it for certain , that they who do such things , shall not inherit the kingdom of god. whence it will certainly follow , that all who were excluded from the lords table were not excommunicated persons : for first , the church did keep back such scandalous persons upon this ground , because those who are known to live without repentance in any of those sins , of which the apostle saith that they who do such things shall not inherit the kingdom of god , are not fit to be admittrd unto the sacrament ( for this were to give the seals of salvation to those whom the word pronounceth to be in a state of damnation . ) secondly , augustine is there confuting the opinion of some ( whom he calls fratres qui aliter sapiunt , brethren who otherwise understood themselves well ) whose principles did admit to the sacraments all uncleane and scandalous persons : which cannot be meant of excommunicated persons ; for there was never any such opinion maintained in the church , that all excommunicated persons ought or may be received to the sacrament . lastly , lest his meaning should be restricted to the sacrament of baptisme onely , ( of which principally and purposely he treateth in that book ) he speaketh in the plural of the sacraments of christ. observe also these passages of gregory called the great , epist. lib. . cap. . sicut exigente culpâ , quis à sacramento communionis dignè suspenditur , ita insontibus nullo modo talis debet irrogari vinaicta . ibid. cap. . et si in vestra cognitione cujusquam ●…um facinorosi criminis reum esse patuerit , tunc ex nostra auctoritate non solum dominici corporis & sanguinis communione privatu●… fit , verum●…tiam in monasterium ubi poenitentiam agere debeat , retrudatur . and so much for antiquity in this question . chap. xviii . a discovery of the instability and loosenesse of mr. prynn his principles , even to the contradicting of himself in twelve particulars . i shall not need to insist upon his tenth point of difference vindic. pag. . nor upon his four following quaerees and conclusion , in all which there is no new material point , but a repetition of divers particulars spoken to and debated else-where . as touching that hint of a new argument pag. . consider the parabl●… of the mariage of the kings son , where the king sent forth his servants to invite guests to the wedding supper , who gathered together all they found , both bad and good , that the wedding might be furnished with guests . matth. . . to . i answer , . some understand here by the bad vers . . those who had formerly ( before they were called and brought home by the gospel ) been the worst and most vicious among the heathens , so that the words both bad and good make not a distinction of two sorts of christians or church-members , but of two sorts of heathens not yet called , some of them were good , some of them bad comparitively , that is , some of them much better then others , some of them much worse . so grotius , and long before him hierome and theophylact upon the place . . others ( as bucerus , tossanus , cartwright , o gomarus ) understand by the bad , close hypocrites who appear good so far as the ministers and officers of the church are able to judge of them . these by a synecdoche of the genus for the species may be understood by the bad . and so the text will not comprehend scandalous and known prophane persons . that synecdoche generis , is often used in scripture , is proved by sal. glassius philolog . sacrae lib. . tract . . cap. . . i throw back an argument from the same parable against himself , for the king sheweth his servants that he will have unworthy persons kept back from the marriage feast , vers . . then saith he to his servants , the wedding is ready , but they which were bidden were not worthy , luk. . . for i say unto unto you , that none of those men which were bidden shall tast of my supper . the king makes it also known that he alloweth none to come in to this mariage feast , except such onely as have the wedding garment ( or as the syriak wedding garments ) upon them . all which is inconsistent with mr. prynns principles concerning the admission of known scandalous unworthy persons to the sacrament , as to a converting ordinance . . and if all must be brought in or let in to the lords supper , both bad and good promiseuously and without distinction , then it should follow that the ordinances of parliament concerning the suspension of all sorts of scandalous persons from the sacrament are contrary to the will of christ : and that mr. prynn himself in yeelding ●…ag . . and else-where , that scandalous impenitent obstinate persons ought to be not onely suspended but excommunicated , doth yeeld what his argument concludes to be unlawful . and so i come to that which i have here proposed , viz. the instability and loosenesse of mr. prynns principles in this controversie . by comparing divers passages together , i find that he doth professe and pretend to yeeld the question , which yet he doth not yeeld really and indeed . first , it is to be observed that he deserteth erastus and that party in the point of excommunication . for in the vindication of his four questions pag. . he readily yeeldeth that grosse notorious scandalous obstinate sinners , who presumptuously persevere in their iniquities , after private and publike admonitions , without remorse of conscience or amendment , may be justly excommunicated from the church , the society of the faithful , and all publike ordinances , after due proof and legal conviction of their scandalous lives : and that . cor. . . warrants thus much . the antidote animadverted by p. in the first page yeeldeth that excommunication is an ordinance of god. and indeed cor. . . doth not onely warrant excommunication as lawful , but injoyn and command it as necessary ; for the apostles words are praeceptive and peremptory : therefore put away from among your selves that wicked person . the thing was not indifferent , but necessary and such as could not without sin be omitted . however mr. prynn his asserting from that place that it may be , is a deserting of the erastian party . . in the . page of his vindication he professeth that his antagonists do contend for that which he granteth them with advantage . they would have scandalous sinners suspended from the sacrament . he will have them not onely suspended from the sacrament , but excommunicated from all other publike ordinances . . he confesseth ibid. that in some cases a person not excommunicated may be suspended from the sacrament . but whatever his concessions may seem to be , they are really as good as nothing . for . he will have none to be suspended from the sacrament except such as are ripe for excommunication , and against whom the sentence of excommunication is ready to be pronounced as persons incorrigible . . he admitteth no suspension from the sacrament till after several solemn previous publike admonitions , reprehensions , rebukes contemned or neglected . see both these pag. . whence you see that with mr. prynns consent all the votes of parliament concerning several causes of suspension from the lords table , shall be of no use to presbyteries , until after a long processe of time , and after many previous publike admonitions , so that if one in the congregation commit a notorious incest or murther a day or two , or a week before the celebration of the sacrament , and the thing be undeniably certified and proved before the eldership , yet the eldership cannot suspend such an abominable scandalous sinner from the sacrament , hac vice : but must first go through all those preparatory steps which are necessary and requisite before excommunication . well : but after all those publike previous admonitions , shall the sentence of excommunication follow ? nay , here also he will have presbyteries to go through a very narrow lane : for in the same place he thus describeth the persons whom he would have to be excommunicated ; they are scandalous , obstinate , peremptory , incorrigible , notorious sinners , who desperately and professedly persevere in their grosse scandalous sins , &c. but i beseech you , what if they persevere in their grosse scandalous sins neither desperately nor professedly ? must they not then be excommunicate ? shall not the offender be cast out of the church after clear proof of the offence , and several previous publike admonitions contemned or neglected ? must we wait till the adulterer professe that he will persevere in his adultery ; and till the blasphemer professe that he will persevere in his blasphemy ? nay further , what if the offender do neither 〈◊〉 nor actually persevere in his grosse scandalous sin ? put case he that hath blasphemed once do not blaspheme the second time : and that he who grossely and scandalously prophaned the lords day , did it but once , and hath not done it again since he was reproved . must this hinder the sentence of excommunication , when that one grosse scandal is not confessed , nor any signe of repentance appearing in the offender ? moreover whereas mr. prynn in his fourth quare , and in several places of his vindication seemeth to allow none to be admitted to the lords table except such as professe sincere repentance for sins past , and promise newnesse of life for time to come . if we expound his meaning by his own expressions in other places , that which he granteth bordereth upon nothing : for pag. . speaking of scandalous sinners their admission to the sacrament , if they professe sincere repentance for their sins past , and reformation of their lives for time to come , he addeth , as all do at least in their general confessions before the sacrament , if not in their private meditations , prayers , &c. and a little after he saith , that all who come to receive , do alwaies make a general and joynt confession of their sins before god and the congregation &c. and then he addeth pag. . yea i dare presume , there is no receiver so desperate , that dares professe when he comes to receive , he is not heartily sorry for his sins past , but resolves to persevere impenitently in them for the future , though afterward he relapse into them , as the best saints do to their old infirmities &c. i know the best saints have their sinful infirmities , but whether the best do relapse to their old infirmities may be a question . and however he doth open a wide door for receiving to the sacrament all scandalous sinners not excommunicated , if they do but tacitely joyn in the general confession of sins made by the whole church , or do not contradict those general confessions , and professe impenitency and persevering in wickednesse , though in the mean time there be manifest real symptomes of impenitency , and no confession made of that particular sin which hath given publike scandal . wherefore i say plainly with the professors of leyden , synops. pur. theol. disp. . thes. . the administration of this censure of suspension from the lords table hath place in these two different cases , either when one that is called a brother hath given some hainous scandal of life or doctrine , who after admonition doth indeed by word of mouth professe repentance , but yet doth not sh●…w the fruits meet for repentance , that so the scandal might be taken away from the church : or when he doth not so much as in words promise or professe repentance , &c. martin bucer hath a notable speech to this purpose de regno christi , lib. . cap. . to hold it enough that one do professe by word onely repentance of sins , and say that he is sorry for his sins , and that he will amend his life , the necessarie signes and works of repentance not being joyned with such profession , it is the part of antichrists priests , not of christs . in the next place it is to be taken notice of , how palpably and grossely mr. prynn contradicteth himself in divers particulars : which being observed , may peradventure make himself more attentive in writing , and others more attentive in reading such subitane lucubrations . the particulars are these which follow . . vindicat , pag. . he saith , the confession of sin which was made at the trespasse offerings , was not to the priest , classis , or congregation , but to god alone . . in the very same page he saith , none were kept off from making their atonement by a trespasse offering , if they did first confesse their sins to god , though perchance his confession was not cordiall , or such as the priests approved , but external onely in shew . i beseech you how could it be at all judged of , whether it was external and onely in shew , if it was made to god alone ? nay , if it was made to god alone , how could it be known whether he had confessed any sin at all ; and so whether he was to be admitted to the trespasse offering or not ? . vindic. pag. . he freely granteth that all scandalous , obstinate , peremptory , incorrigible , notorious sinners , who desperately and professedly persevere in their grosse scandalous fins , to the dishonour of christian religion , the scandal of the congregation , the ill example and infection of others , after several solemn previous publike admonitions , reprehensions , rebukes , contemned or neglected , and full conviction of their scandal and . vindic. pag. . certainly the speediest , best and only way to suppresse all kind of sins , schismes , to reform and purge our churches from all scandalous offences , will be for ministers not to draw out the sword of excommunication and suspension against them , which will do little good , but the sword of the spirit , the powerful preaching of gods word , and the sword of the civil magistrate . impenitency , may and ought to be excommunicated , suspended , &c. if this be the best and only way to suppresse sin , and to reform and purge the churches , how is it that some scandalous sinners may and ought to be excommunicated ? . vindic. pag. where the f●…ct is notorious , the p●…oofs 〈◊〉 , the sentence of excommunication ready to be pronounced against them as persons impenitently scandalous and in●…orrigible , ●…erchance the presbyterie or ●…l ssis may order a suspension from the sacrament , or any other ordinances , before the sentence of excommunication solemnly denounced if they see just cause . . yet all along he disputes against the su pending from the sacrament of a person unexcommunicated , and not suspended from all other publike ord nances and society of gods people . and pag . arguing for the right of all visible members of the visible church to the sacrament , he saith that nothing but an actual excommunication can suspend them from this their rig●…t . . vindic. pag. . he saith that a particular examination of the conscience , and repentance for sin , is no where required in scripture of such who did eat the passeover . and herein he distinguisheth the trespasse-offerings , and the passeover , that in bringing a trespasse offering men came to sue for pardon , and make atonement , and that therefore confession of sin was necessary . but in the passeover . ibid. pag. . he saith that the passeover was the same in substance with the eucharist under the gospel , wherein christ was spiritually represented and received , as well as in the lords supper . but how can this be , if repentance for sin was not necessary in the passeover , and if it was onely a commemoration of a by ▪ p●st temporal mercy in sparing the first born of the israelites ? there was r●… atonement &c. but onely a commemoration of gods infinite mercy in passing over the israelites first born when he sl●…w the egyptians .   . vindic. pag. . he saith that immediatly before the institution of the sacrament , christ told his disciples that one of them should betray him , and that iudas was the last man that said is it i ? immediately before the institution . and pag. . he saith . that the other disciples did eat the sacrament with iudas , after christ had particularly informed them and iudas himself , that he should betray him . . yet pag. . he reckoneth that very thing to have been after the institution of the sacrament : for to that objection that iudas went out before supper ended , immediately after he received the sop , whereas christ did not institute the sacrament till after supper : he makes this answer , that the dipping of the sop ( at which time iudas said is it i ? ) was at the common supper , which ( saith he ) succeded the institution of the sacrament , so that the sacrament was instituted after the paschal , not after the common supper . and pag. . he argues that iudas did receive the sacrament upon this ground , that all this discourse and the giving of the sop to judas was after supper ended ; but christ instituted and distributed the sacrament ( at least the bread ) as he sate at meat , as they were eating , before supper quite ended . . vindic. pag. . speaking of ungodly scandalous sinners , he plainly intimateth that the receiving of the sacrament of the lords supper is more likely to regenerate and change their hearts and lives then the word preached . and in that same page , he holdeth that this sacrament is certainly the most powerful and effectual ordinance of all others to humble , regenerate , convert . the like see pag. , . and pag. . yea no doubt many debosht persons have been really reclaimed , converted , even by their accesse and admission to the sacrament . . pag. . he ascribeth the power of godlinesse in many english congregations to powerful preaching , and saith , that this sword of the spirit , the powerful preaching of gods word , and the sword of the civil magistrate , are onely able to effect this work , to suppresse all kind of sinnes , schismes , to reform and purge the churches . if this be the speediest , best , and onely way to suppresse all kind of sinnes , schismes , to reform and purge our churches from all scandalous offences , as he there saith , and if the word and the magistrate are onely able to effect this work ; how is it that the lords supper doth change mens hearts and lives , and that more effectually then any other ordinance ? again pag. . he saith , he hath in other treatises of his proved gods presence and spirit to be as much , as really present in other ordinances , as in this of the lords supper . how then makes he this sacrament to be the most powerful and effectual ordinance of all others , to humble , regenerate , convert ? . pag. . he makes the sacrament to be a seal to the sences of unworthy persons , but not to their soules ; in this latter sence he saith it is a seal onely to worthy penitent beleeving receivers . . yet pag. , . the strength of his tenth argument lies in this , that the sacrament sealeth unto the communicants souls , yea to the flintiest heart , and obduratest spirit , the promises , an union with christ , assurance of everlasting life , and therefore in regard of the sealing of all these particulars unto mens souls , must needs convert an obdurate unregenerate sinner . which argument were non-sence if it did not suppose the sacrament to seal all these particulars even to the souls of unregenerate sinners . mark but these words of his own ; since that which doth seal all these particulars to mens souls , and represent them to their saddest thoughts , must needs more powerfully perswade , pierce , mels , relent , convert an obdurate heart ▪ and unregenerate sinner , &c. . vindic. pag. . he admitteth that a minister ought in duty and conscience to give warning to unworthy persons of the danger of unworthy approaching to the lords table , and seriously dehort them from . pag. . he tells us of an old error in forbidding drink to those who were inflamed with burning feavers , which physitians of late have corrected by suffering such to drink freely . he desires that this old comming to it unless they repent , reform , and come prepared . error of p●isicians may not enter among divines ; for as drink doth extinguish the unnatural heat which else would kill the diseased , so feaverish christians burning in the flames of sins and lusts ought to be permitted freely to come to the lords table , because they need it most to quench their flames . do these now repent , reform , and come prepared ? yet here he makes it a sin to forbid them to come to the lords table . though he applieth it against suspension : yet the ground he goeth upon makes it a soul murthering sin , so much as to dehort them from that which they need most to quench the flames of their lusts . . vindic. pag. . i answer , first ▪ that the minister doth not administer the sacrament to any known impenitent sinners under that notion , but onely as penitent sinners , truly repenting of their sins past . the meaning of which words cannot be that the minister gives the sacrament to known impenitent sinners , while known to be impenitent , and yet he gives the sacrament to those known impenitent sinners , not as impenitent , . this as it casts down what himself hath built in point of the converting ordinance ( for if the sacrament be not administred to any known impenitent sinners , under that notion , but onely as penitent , then it doth not work but suppose repentance and conversion in the receivers , and so is not a converting ordinance to any receiver : ) so also it is inconsistent with what himself addeth in the very same place . secondly but as penitent : which were a mighty strong bull. but the meaning bust needs be , that the minister gives the sacrament to such as have been indeed formerly lookt upon as impenitent sinners , and known to be such , but are now when they come to the sacrament lookt upon under the notion of penitent sinners , and that the minister gives the sacrament to none , except onely under the notion and supposition that they are truly penitent . saith mr. prynn , he ( the minister ) us●…h th●…se words , the body of christ which was broken , and the blood of christ shedd for you , &c. not absolutely , but conditionally onely , in case they receive the sacrament worthily , and become penitent ▪ and beleeving receivers , as they all professe themselves to be ▪ just so as they preach repentan●…e and remission to their auditors ; therefore the case is just , the same in both ( the word preached and the sacrament ) without any difference : here christ is offered in the sacrament , as well as to the word , and accordingly the sacrament administred to known impenitent sinners under that notion , and as still known to be impenitent upon condition that they become penitent . . vindic. pag. . it being onely the total exclusion from the church and all christian society ( not any bare suspension from the sacrament ) which works both shame aud remorse in excommunicate persons , as paul resolves , . thess. . . cor. . . compared with cor. . . to . . yet vindic. pag. . and . he denieth that either cor. . . . or thess. . . can amount to any excommunication or exclusion from the church , and expounds both these places of a private withdrawing of civil fellowship , without any publike judicial act or church censure . . in his epistle to the reader before his vindication , he disclaimeth that which some conceived to be his opinion , viz. that the ministers and elders of christs church , ought not to be trusted with the power of church censures , or that all of them are to be abridged of this power : and professeth that these debates of his tend onely to a regular orderly settlement of the power of presbyteries , not to take from them all ecclesiastical jurisdiction due by divine right to them , but to confine it within certain definite limits . . diotrephes catechised , pag. . it is the safest readiest way to unity and reformation , to remit the punishment of all scandalous offences to the civil magistrate , rather then to the pretended disputable questioned authority of presbyteries , classes , or congregations . . vindic. pag. . he agreeth with his opposites that scandalous obstinate sinners after proof and conviction , may be justly excommunicated from the church &c. and that cor. . . warrants thus much &c. so that thus far there is no dissent on either part . remember the present controversie which he speaks to , is concerning excommunication in england , and so under a christian magistracy . . diotrephes catechised , pag. . . he plainly intimateth that cor. . . is no satisfactory argument for the continuance and exercise of excommunication in all churches , and where the magistrates be christian. and that those who presse this text , may as well conclude from the very next words , cor. . . to . that it is unlawful for christians to go to law before any christian judges now , &c. where by the way it is also to be noted , that he should have said before any heathen judge●… . otherwise the argument cannot be parallel . i shall now close with four counter-quaeries to mr. prynne . . since diu deliberandum quod semel statuendum , which is a received maxime , approved by prudent men , and god himself , as his epistle to the reader saith ; whether was it well done to publish his subitane lucubrations ( as himself in that preface calls them ) and upon so short deliberation to ingage in this publike and litigious manner against the desires of the reverend and learned assembly , especially in a businesse wherein it is well known the hearts of godly people do generally go along with them ? . whether mr. prynus language be not very much changed from what it was in the prelats times : seeing vindic. pag. . he hath these words , our opposites generally grant , &c. citing onely cartwright ? and are the old non conformists of blessed memory , now opposites ? where are we ? i confesse as he now stands affected , he is opposite to the old non-conformists , and they to him . for instance . mr. hildersham lect. . on psal. . holdeth that all open and scandalous sinners should do open and publike repentance , and acknowledge their scandalous sins in the congregation , otherwise to be kept back from the holy communion . and while mr. prynn pleadeth that matth. . , , . is not meant of a presbyterie or of any church-censure , he manifestly dissenteth from the non-conformist , and joyneth issue with bpp. bilson de gubern . eccl. c. . and sutlivius de presbyterio cap. . pleading for prelacy against presbyterie . . seeing the businesse of excommunication and sequestration from the sacrament , now in publike agitation , is a matter of great moment , much difficulty , and very circumspectly to be handled , established , to prevent pro●anation and scandal on the one hand ; and arbitrary , tyrannical , papal domineering power over the consciences , the spiritual priviledges of christians , on the other . ( these are his own words in the preface of his quaeries ) whether hath he gone in an even path to avoid both these evills ? or whether hath he not declined to the left hand , while he shunned the error of the right hand ! whether hath he not so gone about to cure the heat of the liver , ▪ as to leave a cold and phlegmatick stomack uncured ? and whether doth he not trespasse against that rule of his owne last cited , when he adviseth this as the best and onely way to suppresse all kind of sins , and to reform and purge the churches of this kingdom , that the sword of excommunication and suspension be not drawn , but onely the sword of the spirit , and the sword of the magistrate ? vindic. pag. . finally , whether in this kingdom there be more cause to fear and apprehend an arbitrary , tyrannical , papal domineering power over the consciences of christians , ( where church discipline is to be so bounded by authority of parliament , that it be not promiscuously put in the hands of all , but of such against whom there shall be no just exception found , yea are or shall be chosen by the congregations themselves , who have also lately abjured by a solemn covenant , the popish and pre●atical government ? ) or whether we ought not to be more afraid and apprehensive that the ordinances of christ shall hardly be kept from pollution , and the churches hardly purged from scandals , there being many thousands both grossely ignorant , and grossely scandalous ? . i desire it may be ( upon a review ) seriously considered , how little truth , wisdom , or charity there is in that suggestion of mr , prynn , pag. . that the lives of the generality of the people are more strict , pious , lesse scandalous and licentious in our english congregations ▪ where there hath been powerful preaching , without the practice of excommunication or suspension from the sacrament , then in the reformed churches of france , germany , denmark , or scotland , for which i appeal to all travellers , &c. i confesse it is a matter of great humiliation to the servants of christ , that there is occasion to exercise church discipline and censures in the reformed churches : yet this is no other then what was the condition of the apostolique churches . cor. . . i fear saith the apostle l●…st when i come again , my god will humble me among you , and that i shall bewail many which have sinned already , and have not repented of the uncleannesse , and fornication , and lasciviousnesse which they have committed . and this is not the onely testimony concerning scandals and disorderly walking in those primitive churches . but as for those who are so rigid in their censures against the government of the reformed churches , i answer to them as hierome did of the montanists . they are rigid , not to the end that themselves also might not commit worse sins ; but this difference there is between them and us , that they are ashamed to confesse their sins , as if they were righteous : we while we repent , do the more easily obtain mercy . mr. prynn and others of his profession are not very willing that such an ecclesiastical discipline be established in england , as is received and setled in scotland and other reformed churches . but if once the like sin-searching , sin-discovering , and sin-censuring discipline were received and duely executed in england , then ( and not till then ) such comparisons may ( if at all they must ) be made , between the lives of the generality of the people in england , with those in other reformed churches , which of them is more or lesse licentious and scandalous . a testimony of mr. foxe the author of the book of martyrs , taken out of a treatise of his printed at london , . entituled de censura ecclesiastica interpellatio j. foxi , the eighth chapter of which treatise is here translated out of latin into english. what the are chief obstacles hindering excommunication ? that the thought and care of excommunication hath now so far waxed cold almost in all the churches , is to be ascribed ( as appeareth ) unto three sorts of men . the first is of those whose minds the wealth of this world and high advancement of dignity do so lift up , that they are ashamed to submit the neck to the obedience of christ. what ( say these ) shall that poor fellow lay a yoke on me ? what , should i be subject to this naughty and rude pastor ? but let go , good sir ▪ your vain swelling empty words ; how rude soever he be , yet if he be your pastor , you must needs be a sheep of the flock , whom if he doth rightly instruct , so much the more dutifully you must submit . but if otherwise , it is the fault of the man , not of the ministry ; to those at least yeeld thy self to be ruled , whom thou knowest to be more learned . but go to , thou which canst not suffer a man to be thy pastor , to whom then wilt thou submit thy self ? unto christ himself ( thou sayest : ) very well forsooth . this then is of such importance , that christ for thy cause must again leave the heavens , or by his angels or arch-angels feed and govern thee , whom these mean men the pastors do not satisfie : but what if it so pleased the lord by these mean pastors , as thou callest them , to cast down and conf●und all the highest statelynesse and pride of this world , even as of old by a few and comtemptible fishers he subdued not onely the high and conceited opinion of philosophers , but even the scepters of kings also ? now what will thy boasting magnificence say ? but hear what christ himself saith of them , whom thou from thy high loftinesse look●st down upon as unworthy . he that despiseth you despiseth me ( saith he . ) and moreover who so despiseth christ , despiseth him from whom he is sent , and who said unto him , thou art my son , this day have i begotten thee : ask of me and i will give thee the heathen for thine inheritance , and the utmost ends of the earth for thy possission : thou shalt rule them with a rod of yron , and break them in pe●…ces like a p●…tters vessel . wherefore seeing thou dost acknowledge so great a lord , so many wayes above all maiesty whatsoever can be named ; let it not be grievous to thee ( my brother whosoever thou art , or with how great power soever thou art highly advanced ) laying aside thy high looks and pride , to be humbled under his mighty hand ; and do not think it a light matter ( whereas thou entertainest with so great applause and honourable respect an earthly kings ambassadors ) that thou shouldest disdain the ambassadors of him , who alone hath power over all kings and lords . if thou yeeldest unto a mortal physitian thy wounds to be handled , yea to be cut also , and to be burned and seared ( if need be ) how commeth it , that thou canst lesse endure the same thing also in the curing of the diseases of the soul from the spiritual physitian , especially seeing in so many respects better is the health of the soul then of the body ? nor do thou so account any whit in this regard to be impared of thy honour , if unto thy bishop or pastor , yea rather herein to christ thou be subjected . yea contrariwise , so account as the thing is indeed , that there is no true glory but in christ and in his sheepfolds ; that none do more prosperously reigne , then they which every way do serve him , without whom as there is no glory , so is there no safety and salvation . neither let it seem disgraceful to thee , what so many ages ago the most high monarchs of the world and most potent emperors have done before thee : amongst whom philip , as he was the first of all the emperors who was made a christian ; so i meet with no other more famous example , and more worthy of all mens imitation . he willing to be present at the solemn assemblies of the church on easter , and to communicate of the sacrament ▪ when as yet he was judged not worthy of admission ; it is reported that fabian the bishop withstood him , neither did receive him before he confessed his sins , and stood among the penitentiaries . what would those our proud gyants , fighters against god do here , if they had stood in the like condition and high place ? but this no lesse mild then most mighty emperor was nothing ashamed ( forgetting in the mean while his imperial majesty ) of his own accord to submit himself to the obedience of his pastor , undergoing every thing whatsoever in the name of christ was imposed upon him . o truly noble emperor , and no lesse worthy bishop ! but these examples in both are too rare amongst us this day . another ▪ sort is of those which would be christians but in name and title onely , they promise an honest enough shew of christian profession ; they dispute both learnedly , and every where with grea● endeavour , of christ ; they carry about in their hands the gospel ; they frequent sacred sermons ; have cast off all superstition ; they feed with the perfect ; they marry , eat , and are clothed , so as they hold no difference either of times or of places . finally , whatsoever is pleasing in christ they take and stiffely hold . but if ye look into their life , they are epicures , wasters , ravenous , covetous , sons of belial ; not christs servants , but slaves of their belly ; who according to the satyrist , think vertue to be but words , as the wood to be but trees . and of these there is a great store every where , who seeing onely for their belly they follow christ , they leave nothing undevised and uninterprised to hinder excommunication , that so they may the more freely satisfie and serve their own lusts . so the covetous man feareth that his covetousnesse be called in question , which he will not forsake . the adulterer , he that buyeth or selleth men into slavery , the dycer , the whoremonger , the drunkard would rather his intemperance to be concealed . so the robber , the murderer , the incendiary is afraid to be laid open or made known . so he that delighteth to be fatted and enriched with the dammages of the common ▪ wealth , is unwilling to have any bridle to curb and restrain him : the cheater that with false wares beguileth the people ; the seller that with unjust gain outeth counterfeit wares ; the deceiver who cozeneth and circumventeth his neighbour . last of all whosoever are thus affected that they savour or follow nothing but their belly , their ambition , and the purse , they do not willingly endure that their liberty of sinning should be stopped to them . moreover after these , others not much unlike them , come into the same account , which out of some places of scripture perversely wrested , if they find out ought that may flatter their affections , hence forthwith do they promise a wicked liberty of sinning to themselves and others , whence follows a very great corruption of life , together with injury of the scripture . while these men are not sufficiently shaken and stricken with the sence of their sin , and force the scripture violently wrested to defend and maintain their perverse affections , from which scripture it had been meet to seek all medicines of their vices . but little do these men in the mean while consider how dear it cost christ , which they make so small account of . they do not mark and weigh how horrible a thing sin is before god , which no otherwise could be expiate and purged but by the death of his onely begotten son ; which hath utterly rui●ated not whole cities , but kingdoms also and monarchies . which things if these and all other epicures did more diligently think of , it would come to passe i suppose , that neither the custome of sin would so much like them , and withall the matter it self would so far draw them , that more willingly they would have recourse unto these so many waies wholsom remedies of the church , as unto the onely medicine of mans life . finis . notes, typically marginal, from the original text notes for div a -e a luke . . john . , . b luke . . john . , . c joh. . , d d john . . e de regno christi lib. . cap non d●fuerunt quoque intra ●os triginta annos , praesertim in germania , qui videri voluerunt just●m evangelii praedi 〈◊〉 〈◊〉 &c. v●um perpauci adhuc repei ti sunt qui se christi evangelio & regno emuino subj●cissent : imo qui passi fuissent christi religionem & ecclesia●um disciplinam restitui per omnia juxta leges regis nostri . et infra in hungaria , gratia domino , non-paucae jam existunt ecclesiae quae cum p●â christi doctrinâ , s●lidam etiam ejus discipl●nam receperunt , custodiunique religiosè . rex noster christus saxit ut ●arum ecclesiarum exemplunt quàm plurimae sequantur . f de polit . eccles. lib. . cap. . politeia ecclesiastica est pars regni christi . g m iohn welseh his letter to the lady fleemming , written from his prison at blacknesse in january . who am i that he should first have called me and then constituted me a minister of glad things , of the gospell of salvation these fifteen yeeres already , and now last of all to be a sufferer for his cause and kingdome , to witnesse that good confession that jesus christ is the king of saints , and that his church is a most free kingdome , yea as free as any kingdome under heaven , not onely to convocate hold and keepe her meetings , conventions , and assemblies , but also to judge of all her affaires , in all her meetings and conventions , among his members and subjects ! these two points , that christ is the head of his church , secondly that she is free in her government from all other jurisdiction except christs ; these two points are the speciall cause of our imprisonment , being now convict as traytors for maintaining thereof . we have been waiting with joyfulnesse to give the last testimony of our blood in confirmation thereof , if it would please our god to be so favourable as to honour us with ●hat dignity . thus he . h discourse of the troubles at frankeford first published in the yeere and reprinted at london in the yeere . pag. . i acts . , . k jude ep . v. . l fr à s. clara apolog. episcop . cap. . m the second booke of the discipline of the church of scotland , cap. . n the confession of faith of the church of scotland art. o ibib. p ibid. q ibid. r the confession of helvetia in the head of magistracy . s the confession of bohemia cap. . t the french confession art. . u the confession of belgia att. . x the confesof saxony , art. . y irish articles of religion art. , . z matth. , . & . which is meant ●t laying on or taking of church censure . august . tract . in jo. si 〈◊〉 in ecclesiâ fit , ut quae in terrd ligantur in caelo ligentur , & que solvuntur in terrd , solvantur in caelo : quiacum excommunicat ec. clesia , in caelo ligatur excommunicatustcum reconciliatur ab ecclesiâ , in caelo solvitur reconciliatus , &c. a the second booke of the discipline of the church of scotland , cap. . c see the laws and statutes of geneva translated out of the french and printed at london . pag. , . d de corona orat . . in initio e in orat . contr● ciesiphontem . f matth. ● . . g psalm . . luke ● ▪ . h origen . in levit . hom. . quid percu●it ? carnem . quid sanat ? spiritum . prorsus ut illa deficiat , iste pro ▪ ficiat . i hier. ad marcellum . notes for div a -e a de iure natur . & gentium lib. . cap. . prosely●us iustitiae utcunque novato patriae nomine iudaeus dice●etur , non tam quidem 〈◊〉 iudaicus simpliciter censendus ●sset qu●m peregrinas semper , cui jura quamplurima inter cives . see the like lib. . c. . b buxtorf . lexic. chald. talm. & rabbin pag. proselyti justitiae sunt qui non rerum externarum , sed solius religionis causâ , & gloriae dei studio , religionem iudaicam amplectuntur , & totam legem mosis dicto modo recipiunt . hi natis iudaeis habentur aequales : understand in an ecclesiasticall , not in a civill capacity . in which sence also matthias martinius in lexic. philol . pag. . saith that these proselytes , cum ad sacrorum iudaicorum communionem admit●ebantur , &c. veri iudaei censebantur : and that to be made a proselyte , and to be made a jew , are used promiscuously in the rabbinicall writings . so also drusius praet . l. . in io. . . c caete●ùm supremus senatus cujus in hoc concl●visedes , duplex fuisse videtur , pro ●erum ecclesi●ticarum & politicarum diversitate : quonia● deut . . ubi de supremis senatoribus agitur , manisestè sacerdos d iudice distinguitur ; ad sacerdotema●t ad iudicem i. e. sacerdotes aut iudices , ut com . . inaicio est , ubi pro sacerd●te ponuntur sacerdotes . adde ieboshaphatum , cum iudicia hicrosolymis restaura●et , duos ordines conflituisse , sacerdetes & capita samilia●um , ad judicium dei & ad litem : similiter duos praes●les com . un●m ad omnem causam dei : alterum scilicet duce● iudaeorum ad omne negotium regis . quibus succinunt verba jerem. . . quibus seniores populi● senioribus sacerdot●m distinguntur . quocirca in n. t. sublato ( ut videtur ) per h●rodem , uno synedrio , sc. politico ; al●erum apostolorum seculo supersuit , in quo politici etiam manebant reliqui● : nam ab ecclesiasticis seniores populi distinguntur , matth. . . & . vers . . ni magis placeat , quod ab aliis observatum suit , herodem , sublatis . senioribus è familia davidica , alios inseriores substitu●sse : quod judiciorum quibusdam excmplis firmari videtur . adeo 〈◊〉 illis temporibus duplex quoque synedrium suerit , quamvis utriusque senatores subinde convenirent : qu● fortè reserendum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quod matth. . . marc . . & . . acts . . occurrit . ( quin etiam cap . cod . iomae , eadem distinctio his verbis confirmatur ( ubi de 〈◊〉 sacerdotis magni ad diem expiationis agitur ) tradunt eum seniores d●mus iudicii , senioribus sacerdotii . d propter meritum assess●rum sy●edrii , qui occupati sunt in lege , & illuminant iudicium . et descendit in babyloniam ad concilium sapientum . i● non fuit synedrium iudicum & magistratus summi , sed collegium doctorum . f iu exod. . quaest. . g in exod. . quest. . h menocbius in exod. . . redite ad populum , ut illum regatis , & in officio contineati● . pelargus upon the place saith that moses would not leave the church without rulers to avoyd the danger of popular anarchy . i eros●…us confirm th●…s . lib. cap. m●…ses 〈◊〉 ait , intersici ●…dum ●…sse illum , qu●… vel 〈◊〉 , sentemiae vel judicis assentire nollet non ergo liberum facit ab i●…lo ad 〈◊〉 pr●…vocare . k me●ochius in . paral. . . idem sunt praepositi & iudices , quorum mun●s erat israelitarum causas qu● juxta legem finiebantur , judicare , quod patet ex . paral. . . ubi habemus constituit jehosaphat in jerusalem levi●…as & sacerdotes , & princip s famil●…arum ex is●…a l , ut judicium & causam domini judicarent . l salmas . apparat . ad libros de primatu p. . quae ad ●es sacras ac divinas pertinebant , de his praecipue judicium sacerdotum fuit , de ali● civilibus & regalib● , praesides 〈◊〉 rege constituti , ut patet ex lib. . chro. cap. . titinus in . chro. . . ubi not a distinctionem sori seu magistratus ec clesiastici & civilis , contra anglo-calvinistas & nostros arminianos . m magdeb gent. 〈◊〉 . lib. . cap . seniores populi videntu●… fuisse 〈◊〉 è populo lecti viri , aetate , d ctrina , & vitae p●…obitate spectati , gui simul cum ecclesiasticis 〈◊〉 , templi , 〈◊〉 & 〈◊〉 rerum 〈◊〉 〈◊〉 ecclesiae 〈◊〉 〈◊〉 , 〈◊〉 habuerunt . n antiq. iud. lib. . cap . ipsi 〈◊〉 pontifices dissiacre cae●erunt à sacer●otibus & primatibus hieroso● mi●anorum ●ivium , singuléque m●edebant stipati manu au ▪ dacissimorum & seditiosorum bominum , 〈◊〉 inter se mutu●s ce●tabant convitiis & 〈◊〉 : nec erat qui compesceret , quasi vacante urbe magistratibus . in tantum autem exarsit summorum pontific●m impudentia , ut auderent servos suos in areas mittere , qui auf●rrent debitas sacerdotibus decimas , aliquótque pauperiores è sacerdo●um ordine alimentorum in●pia fame deficerent . tantò plus ●um pol●ebat violentia sedi - tiosorum quam justitia . n lexicon chald. talmud . & rabbin . edit . . pag. ● , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 excommunicatio , exclusio ● caetu sacro , ejectio ex syna ▪ goga &c. cum tali excommunicato non licet edere nec bibert . quo fortè respicit apostolus cor. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nam admonitionem illam generalem facit , ex occasione incestuosi quem excommunicare jubet . o de iure natur . & gentium lib. . cap. . atque is planè à communicatione orationis , & convenius , & omnis sancti commercii relegabatur , quemadmodum de bujusmodi anathemate sub initils ecclesie christianae loquitur tertullianus . p animad in pirke pag. . qu●… enim dicat apostatam , blashemum aliaque sacra capita intra templum suisse admissa ? &c. certe si quibuslibet excommunicatis permissum suisset in trare templom , tum 〈◊〉 mitior judaicae synagoga disciplina esset statuenda , quam veteris christianae ecclesiae . q quest. & resp. l. . quaest . solebant autem veteres ( i●der ) si qu● gravius deliquerat , primum eum movere caetu ecclesiastico : si non emendabat se , tum feriebant 〈◊〉 : quòd si ne tum quidem redibat ad srugem , ultimo ac postremo loco samatizabant . r annot. in exc. gemar . sanhedrin cap. . qui simpliciter excommunicatus est ( menudde ) est ille quidem separatus à caetu , ita ut pro vero membro ecclesie non habeatur . s lexicon pentaglot . pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 excommunicatio , cum quis se non emendans catu ecclesiastico ●ovetur , & ex populo suo excinditur . where he also mentioneth the three distinct kinds of excommunication niddui , cherem , and schammata . ibid. pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 remetio , excommunicatio , ejectio ex caetu piorum , illa anathematis species , qua quis immundus ab bominum contubernio , aut qua aliquis ● caetu ecclesiastico removetur ad tempus ▪ à lege praescriptum . t de arcano sermone cap. . ejectio autem è synagega , communicationis abnegatio est , & abalienatio a religiosa consuetudine , quae á nostris recepto jam verbo sixcommunicatio dicitur . u magdeb. cent. . ●…ib . . cap . judicabant degmata & promulgobant eorum damnationes , unà cum personis : quae quidem res ▪ nihil aliud quam publica excommunicatio erat jo. . . & . . . & ● . ● . et infra . extra synagogam fieret , ▪ hoc est excommunicaretur . x 〈◊〉 ▪ ebr. cap . legis sanctio triplex &c. prima est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aversatio , antolitio & amandatio &c. secunda est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 devo●… extremo cuidam exitio . excommunicatio : quando videlicet a●…quis excindi duebatur ex populo sue , & in eo amplius non censeri ( ut jam supra expo ▪ suimus ) ex majore aliquo delicto . atque hoc p●…to esse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fieri &c. primae illae speciei respondet quod in ecclesiis nostris vocamus prohibitionem seu suspensionem à sacramentis : 〈◊〉 excommunicatio publice facta . y harum trium excommunicationis specierum vel potius graduum , secunda primam , tertia utramque includebat . prima piis quidem iudaeis erat formidabtlis , quia per eam à sacrorum communione submovebantur , at qui minus pii erant eâ non magnopere movebantur . y buxtors lexic. rabbin . p. ex pesachim fol. . qui vesperâ sabbathi & aliorum dierum festorum operas serviles ●cit , infaustum illud quidem est , neque videt signum benedictionis , sed non schammatisamus eum : at qui vesper● pas ch●tis operas serviles facit , hîc verò omnino schammatisamus eum . they did also excommunicate an hereticall or epicurean israelite . buxtorf ibid , pag. . z lexicon . chald. talmud . & rabbin . pag. . excom municatio siebat quandoque verbis expressis , quando excommunicandus erat praesens : quandeque scripto publicè affixo , quando absens erat . hinc legitur in majemone in libro madda cop . . sect. . quomodo sit niddui : dicit n. esto in excommunicatione . si. excommunicant eum in faciem , id est presentem , dicit n. hic esto in excommunicatione sive banno . ibid. pag. . nuncius vel minister publicus judicii câ side habetur , ut si dicat , n. à me citatus ad judicium , contempsit me , aut vilipendit judicem , aut dixit sa nolle comparere in judicio , tunc sammatisent ipsum ad verba ejus , sed non scribunt super eo schedam excommunicationis shammata , donec veuerint duc quo testentur ipsum noluisse comparere ad judicium . a lexicon rabbin . p. . ex sententia domini dominorum , sit in anathemate ploni filius ploni , in utraque domo judicii , superiorum scilicet & inferiorum , in anathemate item sanctorum excelsorum , in anathemate seraphim & ophannim , in anathemate denique totius ecclesiae , maximorum & minimorum &c. b another forme more full and large see in vorstius his animadversions upon pirke pag. . to . decreto vigilum atque edicto sanctotum anathemizamus . adju●amus , excommunicamus schammatizamus , maledicimus , execramus ex sententia hujus loci atque ex scientia hujus coe●ûs , hoc libro legis , sexcentis tredecim praeceptis in illo conscriptis . anathe . mate quo joshua devo vie jericho ; maledictione quâ maledixit eliseus pueris , & maledictione quam imprecatus est gichazi servo suo . shammate quo schammatizavit barack meroz , &c. nomine aebthariel jah domini zehaoth . nomine michael principis magni . nomine mathatheron cujus nomen est sicuti nomen domini ejus . nomine sandalphon qui nectit coronas pro domino suo . nomine nominis . literarum . nomine quod apparuit mosi in sinai . nomine quo dissecuit moses mare . nomine ehieh ascher ehieh , ero qui ero . arcano nominis amphor●…sch . scripturâ quae exarata est in tabulis . nomine domini exercituum dei israelis , qui sedit inter cherubim , &c. maledictus ex ore nominis celebrandi , & tremendi , quod e●reditur ex ore sacerdotis magni die expiationum , &c. evellatur ipse è tabernaculo . nolit dominus illi condonare , sed tunc sumet furor & indignatio contra virum illum . incumbant illi omnes maledictiones conscriptae in hoc libro legis . expellat nomen ejus sub caelo , & segreget illum in malum ex omnibus tribubus israelis , juxta omnes execrationes hujus faederis consignatas in hoc libro legis , &c. haec sit voluntas dei & dicatur amen . c quid tum fec●runt ezra , zerobahel , & jehoshua ? congregaveront totam ecclesiam seu caetum populi in templum dom ni & introduxerant . sacerdotes , & . adoles ▪ centes ( seu discipulos minores ) quibus erant in manibus . buccinae , & . libri legis . hi clangebant ; levitae autem cantabant & psallebant : & excommunicabant cuthaeos per mysterium nominis te r●grammati , & per scripturam descriptam in tabulis legis , & per anathema fori superioris seu caelestis , & per anathema fori inferioris seu terrestris , ita ut nemo israelitarum unquam in posterum comederet buccellam aliquam cuthaeorum . hinc dicunt quicunque comedit carnem cuthaei , is vescitur quasi carne poreinâ . cuthaeus quoque ne seret proselytus , neque haberet partem in resurrectione mortuorum , juxta illud quod scriptum est . non ad vos simul nobiscum attinet instauratio domus dei nostri : neque in hoc neque in suturo seculo . praeterea quoque ne haberet partem in jerusalem . hinc dicitur , uobis non est pars neque jus , neque memoria in jerusalem . transmisetunt autem anathema hoc ad israelitas qui erant in babylonia . d annot gem in ex. sanhedrin . p. . r. simon , si●… . lakisch custodiebat hortum . venit quidam & ficus caepit vovare . ille inclamare : hic non nauci facere . tum ille ▪ excommunicatus esto . tu vicissim inquit alter excommunicatus esto . nam si ad pecuniam tibi obstrictus sum , numquid anathemati obnoxius sum ? adiit r. lakisch super hoc scholae rectores . responsum est : ipsius anathema anathema est ▪ tuum nullum est . e buxtorf . lexion chald. talm. & rab. p. . . f de his meritò dubitari potest , num licuerit ipsis sacra adire limina , imprimis qui severi●…i ex communicationis genere vel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 multati erant . quis enim dicat apostatam , blasphemum , al●…áque sacra capita intra templum suisse admissa ? de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alia ratio ●…sse potest , eum his spes veniae non fuerit adempta . g m. selden de ●…ure natur . & gentium lib. . cap. . effectus ac finit excommunicationis hujusmodi , jure communi erat , ut solitae popularium consuetudin●… libertate reu●… privaretur , usque dum panitentiâ ad bonam mentem rediens solveretur sententiâ . h independency examined pag. . vindic. of the . questions p. . i de gubern . eccl. pag. . k gen. ▪ . l lorinus in psal. . . ex plutarcho . m see ainswarth upon the place . n bucer . scripta anglicana ▪ pag. . nunc autem legimus ▪ lev. , . & . deum populo suo ordin●sse ac mandasse : si quos de populo , de sacerdotibus , aut principibus , aut si etiam populus universus aliquid fortè deliquisset contra mand●a sua , seu ●aciendo quae ipse vetuerat , seu omittendo quae praeceperat ; ut tales ante se in ecclesia sua , & coram sacerdote comparerent , ibi peccatum suum confiterentur , veniam pererent , oblationes suas offerrent , & hoc modo per sacerdotem recoaciliationem consequerentur . idque haud dubiè non absque seria humiliatione , planctu , & jejunio . o eximia l●us est paenitentiam agenti , ut publicè confiteatur , iniquitates suas toti caetui indicans , & delicta quae in proximum admisit , aliis aperiens hunc in modum . revera peccavi in n. n. ( virum nominans ) & haec vell illa feci : ecce autem me vobis nunc convertor , & me facti paenitet . qui vero prae super●ia non indicat , sed abscondit iniquitates suas ▪ ill● perfecta non est paenitentia : quia dicitur , qui abscondit scelera sua , non dirigetur . haec dicta intelligenda sunt de peccatis quae in proximum admittuntur . verum in transgressionibus quae sunt hominis in deum , non necesse est cuiquam seipsum propalare : quin imò perfrictae frontis est , illiusmodi peccata revelare : sed in conspectu dei paenitentiam agit , & coram illo peccata haec speciatim recenset . p hanc 〈◊〉 confessionem hebraei vocant confessionem super peccato singulari , quia in aliis sacrificiis siebat confessio peccatorum generalis , saith ●atablus upon the place . q confirm . thes. pag. . . r ex ●o quod in libro joma , id est , dierum , in capite , jom h●kippurim , id est , dies propitiationum , ita scribitur . dixit rab. hunna : omnis qui transgressione transgressus est , necesse est ut singulatim exprimat peccatum . s seld. de jure nat . & gentium lib. . cap. . pro diversitate peccati & peccantis moribus , nunc citius nunc serius sequebatur absolutio . sed ut plurimum excommunicatio fiebat in diem tricesimum &c. intra hoc tempus exspectabat forum ut ad bonam ●ediret . mentem , 〈◊〉 , & quae juberent ipsi praestaret &c. post trignta di●um contumaciam , idem tempus semel i●erabatur &c ▪ at vero s● ▪ neque intra id spatii paenitens absolutionem pe●eret , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cherem seu anathemate feriebatur . t offerenti victimas le● praecipit , ut p●rus fiat corpore ac animo . et infra . necessum est igitur adituros templum sacr●rum gratia , & corpore nitidos esse , & multo magis anima . ● &c. nam veri dei templum non patet prophanis sacrificiis . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ) et post . an dubium est , neque legem quicquam ab injustis , neque solem à tenebris accipere ? et versus finem . caeterum quia societatem humanitatemque ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) maximè docet lex nostra , utrique vir●ti honorem habet meritum , neminem deplorate malum ad eas admittens , sed quàm longissimè in rem malam ablegans . cum igitur sciret concionibus ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) admisceri multos improbos , quòd se posse in turba latere autument , ut id caveret in posterum , omnes indignos à sacro caetu edicto prohibint ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) incipiens à semiviris obscaeno 〈◊〉 laborantibus , qui naturae monetam adulterantes , in impudicarum mulierum affectum & formam sponte degenerant . spadones item & castratos arcet &c. pariter repellit non tantum scorta , sed & natos è prostitutis , contactos materno dedecore propter natales adulterinos . &c. alii vero quasi contendant hos in impietatis stadio post se relinquere , addunt amplius , ut non solùm ideas , sed & deum esse negent . et post . proinde omnes hi meritò pelluntur à sacris c●ibus , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) u antiq. lib. . cap. ● . libenter & continuò degebat ( agrippa ) hierosolymis , institutorum ac rituum patriae servator religiosissimus ▪ 〈◊〉 enim ●rat â contaminamentis omnibus , nec ulla dies ei praeteribat absque sacrificio . accidit aliquando ut quidam hierosolymita legis peri●s , nomine simon , advocata concione , per regis absentiam , agentis ●um caesareae , crimina●etur illum ●t impurum & arcendum templi aditu , quod non ni●i dignis pateat . id ubi praefectus u●bis illi significavit per literas , confestim accersivit hominem &c. di● mihi inquit , quid ribi non probatur ex his quae ●acimus . x annot ▪ in luk. . . qui hac nota ( minoris 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 five niddui ) inusti erant , s●ante templo , accedebant ad templum , ut ex hebraeis vir doctus notavit : sed haud dubiè consistebant extra ● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 qui distingueb●t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ ab israelitis . nam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lo●o habebantur . y confirm thes. lib. . cap. . pag. . and elsewhere . z nam mos id●●erebat ut publicani in atrio . gentilium , pharisaei in atrio israelitarum sta●nt , nec quicquam in ●o erat insolitum au● pharisaeo imputandum . a sanè cum servator in templo d●cuisse cap. . joh. legitur , quò mulierem depraehensam pharisaei ipsi adduxerunt ; alium locum praeter hunc qui ●at extra a tria , designati credere nequeo : quandequidem è josepho obs●vatum jam suit , impu●is atria adire fa● non fuisse . b p. cuneu● de ▪ repub . hebr. lib. . cap. . concilii magni sedes in ipso ●anctuario fuit . c de monarchia lib. . proinde rectè honesté que vetitum est alicubi , ne merce● meretrici● inferatur in sacratium . atqui nummi per se carent crimine , sed quae hos accepit unà cum suo quaestu est abominabilis . d lib. de victimas offerentibus . nam veri dei templum non pater profanis sacrificiis . tali homini dicerem , obon● , non gaudet d●us centenis boum victimis &c. mavult pia● mentes &c ▪ * haec porta &c. i. e. d●us hoc templum sibi dicari voluit , hîc est sanctuarium ejus : debet pu●um esse ab omnibus sordibus , quemadmodum etiam lex severè jubet . antehac impuri & scelerati ( quales saul , & alii omnes impii qui primas tenebant , i●a ut nemo non 〈◊〉 ipsorum esse templum ) co●ruperant hoc templum . non fuit igitur tam domicilium ipsius dei , quamlatronum ●verna . e lib. . de vit●… mos●…s : quem ne honoris quidem gratia ●…as est nominari ab omnibus●… sed à solis optimis & purificatis hominibus . f vatablus in num. . . t●ia secundum hebraeos castra erant . castra nempe dei , id est tabernaculum : castra levitarum , & castra israel . leprosi ab omnibus arcebantur : impuri per fluxum à primis duobus excludebantur . pollutus vero propter cadaver solum à tabernaculo ecclesiae arcebatur . godwyn in his moses and aarom lib. . cap. . cit●th paulus fagius for the same thing . see also mr. wee●…se his christian synagogue pag. . . g de tempfabrie . p. . in quod ( at●ium ) exte●i , id est gentes , quae israolis nomen non prosit erentur , conve nire ad orandum poss●nt : & isr●elitae etiam qui caeremoniali ritu puri non essent : h uide edit . lutin . cantabr . a●…no . . pag. . eximia laus est paenitentiam agenti , ut publicè confiteatur , iniquitat●s suat toti caetui indicans , & delicta q●ae in proximum admisit , ●liis 〈◊〉 hunc in modum , ●evera pecca●i in n. n. ( vitum nominans ) & haec & illa seci 〈◊〉 ecce autem me vobis nunc conv●rtor & me facti paenitet . q●i verò prae superbia non i●dicat , sed abscondit iniquitates suas , illi perfecta non est paenitentia , quia dicitu● , qui abscondit scelera sua , non dirigetur . i r. mosis canones panitentiae cap. . quicunque verbis confitetur , & ●x corde non statuit peccacum derelinquere : ecce hic ei similis est qui lavat , & manu reptile immundum retinet : neque enim quicquam prodest lavatio , donec reptile abjecerit . et hoc illud est quod a sapiente illo dicitur . qui autem confessus fuerit & reliquerit ea , misericordiam consequetur . quin & oportet ut pecca●um speciatim recenseat : quia dicitur : obsecro domine , peccavit populus iste peccatum maximum seceruntque sibi deos anreos . k confirm . thes. lib . cap. . & . l lib. . cap. . m pag. , , , . n see ainsworth ▪ annot . on num. . . o ainsworth on lev●t . . p pag. . . q pag. . cum ergo quaeritur cur ei qui semen praeter voluntatem noctu emisit , ad sacra adire non licuerit , priusquàm mundaretur , scortatori autem & concubinario licuerit ? respondeo , quia ille ad se appropinquantes contaminabat ; hic deo & sibi immundus tantum erat : aliosque non magis inquinabat , quàm si cum uxore legitima cubavisset . r pag. . quocirca non fuit exclusio haec , qua propter legis immunditiam aliqui prohibebantur venire in caetus publicos , sigu●a rei cujuspiam in hoc seculo complendae , sed i●ago & simulacrum suit rei in altera vita persiciendae . s tostatus in levit. . quast . . t tostatus in matth. . quaest . . etiam actus quidam praeter contactum , reddebant homines immundos ad manducandum agnum , vel quaecunque sanctificat● , sicut litigare judicialiter , vel intrare in locum judicii ad litigandum , sic dicitut io. . lud. capelli 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de ultimo christi paschate p. . cum itaque haec una fuerit illarum traditionum , ut ne die festo capitali judicio vacarent , causa nulla est curex istimemus eos sine necessitate voluisse proprias constitutiones ita pedibus conculcare , & tam sole●is festi religionem prophanare . casaubon exerc. . anno . num . . citeth a plaine passage in maimonides declaring that they held it unlawfull to judge of capitall cases upon the perparation to the sabbath or to a holy-day . u l' empereur annot . in cod . middoth . p. . arcebantur autem hujusmodi contaminati , donec ca peregissent quae ad reatum caeremonialem quem contraxerant delendum facerent , atque hac ratione suis magistris morem gessissent . the unclean were not permitted to partake of the sacrifices . iosephus de bello iud lib. . c. . x pag. . huc ipso , quod ad expiandum peccatum jubetur adferre sacrificium , non excluditur à sacramentis , sed ad ea invitatur ; nam o●nnia haec sacrificia etant vera sacramenta , y pareus in ●…evit . . differunt sacrificium & sacramentum ; quod sacrificium est obedientia nostra deoad mandatum ejus praestita , sive moralis five caerimonialis cum morali conjuncta ▪ sacramentum est signum gratiae dei erga nos in fide à nobis susceptum . z lavater hom . . in ezram . a tostatus in levit. . quaest . . ainsworth on levit. . . b deinde nec judaei confiteban● peccata omnia exactè , accuratè , sicut nos ; non enim peccata interna & mentalia , sed solùm externa , quae opere ipso consummata essent , & in exteriorem actum trans●issent &c. tertiò , nec judaei omnia externa peccata in confessione declarabant , sed praesertim notoria & publica , ut fert opinio probabilior . a s●…e a●…psiagius di●…p : adv . anabapt . pag. . ioh. cloppenburg . in gangraena theol. anabapt . part . . disp. . citeth these words out of a booke of the anabaptists de censur . eccles. ante adventum christi tempore veteris testamenti , unicum tantum institutum suisse regimen , ac non nisi unicam punitionem , videlicet d m●…gistratu exercendam secundum scriptam lagem à mose traditam : quâ luendum erat vel in bonis vel in corpore , ●…c sustinenda aut mors , aut carcer , aut muleta pecuniaria : quae omnia politici 〈◊〉 , non ecclesiastici judicii . in opposition hereunto he addeth . in ecclesiis reformatis creditur ex verbo dei , fuisse à deo jam olim in u. t. 〈◊〉 duplex regimen , duplici officio gubernátionis , qua politicae , qua ecclesiasticae ; distinctum . b d. 〈◊〉 in deut. . judicia ecclesiastica ad ecclesiam pertinent secundum verbum dei. magistratus nihil ominus est custos utriusque tabulae , & ces●antibus sacerdotibus vel degenerantibus , debet reformare secundum legem . c lev. . ● d lev. . ▪ e num. . , . f quum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 legem interpretarentur , quod proprium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 verò formulas juris praescriberent , & actiones civiles docerent , & forensia magis tractarent . notes for div a -e * see nihil respondes pag. . male audis pag. . . a in alijs ( ecclesijs ) ubi aut nulla est excommunicatio in usu , aut non lecitime administratur , ac nihilomirus absque omni convoversia , in consesso est ac palam docetur , eam merito in ecclesia vigere debere , et infra , ne etiam celsitudo tua se suasque ecclesias ab alijs omnibus ecclesijs , tain ab ijs quae nullam habent excommunicationem , quam ab ijs quae habent , nova hac opinione sejungat : siquidem universae ac singulae uno ore confitentur , semperque confessae sunt , merito illam in usu esse debere . b erast. praefat . nos de illis solis loqui peccatoribus qui doctrinam intelligunt , probant amplectuntur : peccata sua se agnoscere vere atque edisse aiunt , & sacramentis secundum institutienem christi uti cupiunt . et lib. . cap. . faciunt praelerea nobis injuriam ( imo vera calumnia est ) cum dicunt nos omnes sine ullo examine velle admitti , quales quales sint ac esse velint . quippe sic volumus unumquemque admitti , quomodo ecclesiae nostrae consuetudo & regula jubet . et intra . sane ut idololatram & apostatam , negamus membrum esse ecclesiae christi , sic etiam nequitiam suam desendentem negamus inter membra ecclesiae censendum esse . et quemadmodum illos ex christiano coetu judicamus exterminandos , sic hos queque putamus in eo coeiu non esse ferendos . verum neque de bis , neque de illis quaerunt nostrae theses : sed disputatur in eis , de solis doctrinam amplexantibus , & sacramentis rite cum ecclesia uti cupientibus , hoc est poenit entiam eodem modo quo alij profitentibus . c erastus ib. equidem in thesibus ab initi●… monui , me de sola illa excommunicatione apere , qua aliqui doctrinam intelligentes , probantes , amplexantes , & sacramentis rectè uti cupientes , quod ad externum usum attinet ab eijsdem propter anteactae vitae turpitu linem a quibusdam presbyteris repelluntur : quia scilic et non videtur eis serio dolere , qui lapsus fuit , ac sibi dolere id profitetur . isa. . ● . d procul , hinc procul ite prophani , conclamat vates , totoque absistite luco . et illud , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 et illud , tu genitor cape sacra manu patriosque penates . me bello extento digressum & caede recenti attrectare nefas , donec me flumine vivo abluere — e caesar lib. . de bello gallico , si quis privatus aut publicus eorum decreto non steterit , sacrificijs interdicunt . haec poena est apud eos gravissima quibus est interdictum , ij numeroimpiorum ac sceleratorum habentur . ij omnes decedunt ( others read ) ab ijs omnes decedunt ) adinim sermonemque defugiunt , ne quid ex contagione incommodi accipiant . f erastus lib. . cap. . horum debetis vitam & mores observare , & quos impuros esse cognovistis vitare , ne vos quoque inficiamini ; ipsi autem pudefiant & in viam redeant . g salmasius appar . ad lib. de prim . pag. . cum sit ut jam vidimus duplex potestas ecclesiastica , altera interna , external altera tam peccant qui utramque principi , vel magistratui civili tribuunt , quam qui utramque denegant ministre ecclesiastico . h erastus confirm . thes. lib. . cap. . veruntamen ut in rebus prophanis curandis ei ( magistratui ) non licet terminos & fines aequitatis , justitiae ac honestatis , hoc est praescriptionem legum & statutorum reiptranscendere . sic in disponendis & ordinandis rebus sacris , vel ad cultum divinum pertinentibus , longe minus ei licet 〈◊〉 in parte , a praescripto verbi dei discedere ; quod tanquam re gulam in omnibus debet sequi , ab eoquenusquam vel latum pilum deflectere . i erastus ibid. intelligi hoc debet de ea repub. dictum , in quia magistratus & subditi , eandem profitentur religionem , eamque veram . in hac dico duas distinctis jurisdictiones minime debere esse . in alta , in qua videlicet magistratus falsam tuetur sententiam , certo quodo●…modo toler abilis videri fortosse possit divisi●… rectionum . k confirm . thes. lib. . cap. . quod addis non licere magistratui , re ita postulante , docere & sacramenta administra re ( si modo per ne gotia possit utrique muneri sufficere ) idverum non est . l bullinger de conc. lib. . c. . si turpe aut indignum quondam videbatur gentes inducere in templum del : quare non videatur hodie sacrilegum , introducere in synodum ecclesiasticam canes & porcos . m appar . ad lib. de primatu pag. . ubicunque sane imperio opus est per vim agente ac jubenie , aut jurisdictione cogente & cohercente , nihil istic habent quod agant verbi divini ministri , neque jus agendi ullum , etiamsi de re aut persona ecclesiastica quaestio sit , aut de religione agatur , sed ad principes out magistratus ea vis coactiva , & il'ud jus imperativum & coercitivum pertinet . ibid. pag. . iurisdictionem ijdem ( pontificij doctores ) porro interiorem ac exteriorem ita distinguunt , ut interior sit qua sacerdos possit peccatorem confessum a peccatis absolvere & satisfactionem ponere : exterior autem qua peccatores adstringit 〈◊〉 anathematis , aliasque publicas censuras irrc●…at , & abijsdem exsolvit . verum hae duae iurisdictiones un●…m faciunt , ean que solam interiorem . nulla quippe exterior est , cum utraque respiciat & p●…o objecto habeat hominem interiorem , id est animam . lb. p. . finis tantum respici debet . aliquis suspenditur & excommunicatur ? sane , sed ut per poenitentiam restitui possit , & sacramenta corporis & sanguiris christi iterum participare . et poenitentia illa quam quis agit ut possit reconciliari , interioris est hominis . n festus honnius disp . . thes . . circa bonum spirituale versatur potestas ecclesi astica proprie ita dicta , cujus proprium officium est verbum dei praedicare , sacramenta administrare , disciplinam ecclesiasticam exercere , ministros ecclesiae ordinare , de controversiis ecclesi isticis quae circa doctrinam aut regimen ec clesiae intercidunt , ordinarie judicare , & de ritibus adiaphoris ad ordinem , decorum atque aedificationem ecclesiae pertinentibus , canones seu leges ecclesiasticas constituere . i. gerard loc . com . tom. . pag. . distinguitur christi regnum ad quod potestas clavium pertinet , ab imperiis mundanis quae gladio corporali in administratione utuntur . o synt. theol. lib. . cap. . regnum christi vel naturale est ▪ vel 〈◊〉 〈◊〉 . regnum christi naturale est quod christus a natura hal et , estque communis totius deita is &c. hes regnum etiam universale dicitur , quia est simpliciter in universa . at regnum christi donativum est qued christus tradiium a patre ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accepit &c. hoc regnum 〈◊〉 prium christi , quod ut rex mediator obtinet in persona sua : ac regnum etiam singulare di● quia est peculiare in ecclesia &c. utque naturale regnum obtinet jure naturae , quia est naturalis filius dei patris : ita donativum regnum obtinet jure donationis . p synt. pur . theol. desp. . thes . . ipsi ( patri ) suum queque sceptrum mediatorium seu oeconomieum traditurus dicitur , ut imperium mere divinum eadem gloria ae majestate cum patre , erga suos electos in aeternum exerceat . zach. ursinus tom. . pag. . christus patri tradet regnum post glorificationem ecclesiae , id est , desinet facere officium mediatoris . q calv. in col. . . postquam generaliter de christi excellentia disseruit , deque summo ejus in omnes creaturas principa●… : iterum redit adea quae peculiariter ad ecclesiam spectant . in nomine capitis alii plura considerant &c. hic vero potissimum , meo judicio , de guhernatione loquitur . r greg. de valenti● . comment . in thom. tom . . disp . . quaest . . punct . . si autem per omnem potestatem , secundo intelligamus ibi cum hieronymo & anselmo omnem potestatem necessariam quidem christo ad gubernandam spiritualiter omnem ecclesiam , tum in coelo , ubi est caput & rex 〈◊〉 ; tum in terra , ubi 〈◊〉 homines , quorum item est rex & caput : satis constat non inde sequi quod accepe●…it etiam potestatem pol●…ticam . medina in tertiam partem , quaest : . a●t . . dicendum quad omnis potestas & auctoritas tribuenda est christo , si tamen decens sit ad efficium redemptionis ; at quod fuerit rex temporalis totius orbis minime decuit christum , ●…b idque istam auctoritatem non accepit . s calv. in cor. . . aut certe tam munus quam domum olim suit , quod nobis hodie est incognitum : aut ad diaconiam pertinet , hoc est curam pauperum . atque hoc secundum mihi magis arridet ▪ t synop. pur . theol. disp. . thes. . tametsi ob istam mediationem filius dei minor sit patre , non propterea ipso minor est quoad deitatem . u synops. pur . theol. disp. . coroll . . an apostolus paulus cum hominem incestuojum satanae tra●…ret , quicquam peculiare habuerit ? nos contra socinianos apostolum paulum non ex jwe sibi peculiari , sed sibi cum omnibus ecclesiae preslyteris communi , incestuosum illum satanae tradidisse , colligimus ex cor. . . mat. . . . x jo. brentius hom. in luc. tom. . hom. . quis me construit judicem aut divisorem super vos ? hoc est , alia est civilis magistratus voca to , alia mea vocatio . ad illum pertinet ut dijudicet controversias de haereditatibus , & id genus ahis rebus . ad me autem pertinet ut doceam evangelion de remissione peccatorum , & vita aeterna . ut igitur nollem quod magistratus meum officium temere usurparet , ita & mea interest , ne temere usurpem mihi vocationem magistratus . observanda doctrina , qua non solum erudimur , quod sit proprium & legitimum officium christi in hoc externo mundo , verum etiam admonemur exemplo christi , ne quis alienam vocationem illegitime invadut . jo. winckelmannus in luk. . . negat se esse politicum judicem herciscundae familiae , sicut nec adulteram damnet , joh. . ostendit enim esse discrimen inter politicum magistraium , & munus ecclesiasticum . y greg. de valentia comment . theol. tom. . disp. ▪ quaest. . punct . . homo , quis me constituit judicem aut divisorem inter vos ? quasi diceret : nemo plane , neque homo , & multo minus deus . si enim a deo habuisset dominium jurisdictionis politicae , multo verius su sset censtitutus judex politicus , quam si eam jurisdictionem habuisset ab homine . et tamen negat omnino se fuisse talem judicem constitutum . unde per hoc quod addit , quis me constituit judicem ? &c. eum remisit ad alium qui haberet eam potestatem , qua ipse careret . see the like in bellarmine de pontif. lib. . cap. . z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a hier. ru st co monacho . etiam muta animantia & serarum greges ductores sequuntur suos . in apibus principes sunt . b qui mario , ipse caio caesari : qui augusto , ipse & neroni ; qui vespasianis vel patri vel filio , suavissimis imperatoribus , ipse & domitiano crudelissimo . et ne per singulos ire necessesit , qui constantino christiano , ipse apostatae iuliano . c synops. pur . theol. disp . . thes. . e●…si vero hanc spiritualem p●…testatem a christiani magistratus inspectione , tanquam utriusque tabulae custode non eximimus , negamus tamen eam , aut ejus praxin a magistratus suprema aucto●…itate pendere , sicuti quidam ●…ecentiores contendunt , cum a christo solo pendeat , & ab ipso immediate ecclesiae sit concessa ut loci an●…ea producti demon strant . ac proinde nec per appellationem , aut provocationem proprie dictam , po●…estas haec ad magistratus aut principum tribunal deferr●… potest . quum ejus executio penes ipsos non sit . d apparat. ad lib. de primatu pag. , . ●…lebs autem ipsa quam curan●… pastores , quantum a●…tines ad animaecuram , pastoribus suis subdita est . si corporis ratio aga●…ur , summum in illud imperium habent principes ac supremi magistratus . delicta igitur hominum dupliciter puniumur , aut in anima sola , aut in corpore . poenae quae corporis necem aut noxam inferunt , aut bonorum amissionem , a magistratu civili infliguntur : quae vero animarum castigationem & emendationem spectant , per ministrum ecclesiae imponuntur . summa earum poenarum excommunicatio est . et in●ra . idem peccatum in eodem homine ali●…er vindicat magistratus civilis , aliter punit minister ecclesiae . e praesunt in domino . hoc additum videtur ad notandum spirituale regimen . tametsi enim reges quoque & magistrátus dei ordinatione praesunt , quia tamen ecclesiae gubernationem dominus peculialiter vult suam agnosci , ideo nominatim praeesse in domino dieuntur , qui christi nomine & mandato ecclesiam gu-bernant . f et hoc nomine differt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quod haec praesidentiam cùm potestate , sive praeposituram cum jurisdictione ac coercitione ●ibuat , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vero ut in loco quis sit priore collocatus , tantum efficit . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hesychius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interpretatur gubérnationem vel administrationem . et notum qui dicerentur proprie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in republica atheniensium . g aretius comment . in hebr. . . primum apostolus salutat suo nomine ipsorum praepositos , hoc est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quo nomine intelligo tum ministros , tum etiam seniores , qui reliquos auctoritate regebant , & in officio detinebant . h zach ursinus tom. . pag. . object . . tantum praecipit ministro ut eum sugiat ergo non excommunicantus . resp. negatur antecedens quia non vult de una & eadem re , vel persona , contraria judicia esse aut pugnantes sententias . ergo dum vult ut haereticum pro everso habeat minister , non vult ut reliqui in ecclesia habeant eum pro stante . object . . sed non jubet excommunicari . resp. iubet , quia vult illum pro everso & suopte judicio condemnato haberi . ergo non est ecclesiae membrum , & alibi docet judicium hoc debere fieri ordinario & legitimo consensu ecclesiae . i aegid . hunnius in cor. . . paulus hanc regulam praescribit , ut spiritus prophetarum prophetis subjiciantur , id est ▪ ut is qui prophetas , non du●…itet , sermonem & concionem suam censurae judicioque reliquorum concionatorum subjicere . k musculus upon the place . habet ecclesia quaelibet suos praesectos & gubernatores &c. isti sunt seniores &c. calv. ibid. temporis illius conditio non de quibuslibet praefectis paulum loqui ostendit , ( quia tunc nulli erant pii magistratus ) sed de senioribus qui morum erant censores . tossanus ibid. id omne ad regimen & ordinem ecclesiae & potestatem illam spiritualem de qua cor. . referri debet : & tribuitur praesidum appellatio quos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat apostolus tim. . omnibus in genere ministris & etiam senioribus ecclesiae . l at gubernatores vocavit amb●osius qui spiritu ilibus retina●ulis docum●nto 〈◊〉 hominibus , quales sunt seniores , pres●yteri , & disciplinae christianae praesecti , morum censores . m curabit denique ( oeconomus ) ut impuros & perdite viventes a familia excludat , eosdemque si poenitentiam egerins , rursus in eam recipiat . m synod . dord . sess . . et quia vocati ad ministerium regimini ecclesiae aliquando sunt praeficiendi : ecclesiarum vero regimen in scholis exacte non addiscitur , non abs re f●…ret si aliquot ante vocasionem mensibus , in urbibus 〈◊〉 us potestas his fiat ut inte●…sint presbyter●…is , &c. n annot. in luc. . . reperti sunt & qui judicia ista ecclesiae putarent inhibenda ; quoties christiana●… potestates deus concederet saeculo &c. at christi leges multo plus exigunt , quam in commune civibus impe●…ii alicujus praescribi solet , aut etiam potest , semper enim magna pars hominum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . quare civiles quidem leges suo funguntur officio , si graviora & societati maxime no●…entia delicta coerceant : at quae contra dilectionis , contra mansuetudinis , contra patientiae leges pec●…antur , extra communes leges sunt posita : non etiam extra eas leges ▪ quas se sectantibus christus praescribit , & secundum quas ▪ judicare debet ille selectus ex mundo coetus . o et hodie e●iam disciplina ecclesiastica opus est , quae in reforma●is eccles●is instituta diligenter servari debet , ne magistratum indulgentia quae ubique sere regnat , evangelii doctrinam exteris suspectam reddat , & ut ipsi quoque in officio contineantur , nec sibi quidvis in ecclesia licere putentt . matth. . john . matth. . cor. . cor. . matth. . cons. theol. pag. . gubernatio ecclesiae in quibus consistat . * he wrote from basil. notes for div a -e a aug. tom . bom . . nos vero à communione prohibere quenquam non postumus , quamvis haec prohibitio nondum sit mortalis , sed medicinalis , nisi aut spōnte confessum , aut in aliquò sive seculari five ecclesiastico judicio nominatum atque convictum . b theol. probl . loc . . interea non desperandum esse libenter fateor , dabit posterior aetas tractabiliores fortè animas , mitiora pectora , quàm nostra habent saecula . c concil . nicaen . can . . ab omnibus verò illud praecipue observetur , ut animus eorum & fructus paenitentiae at●endatur . quicunque enim cum omni timore & lachrymis perseverantibus , & operibus bon●s conversationem su●m , non ve●bis soli● , sed opere & veritate demonstran● , cum tempus statutum etiam ab his fuerit imple●um , & orationibus jam caeperint communicate , licebit etiam episcopo humanius circa eos aliquid cogitare . qui vero indifferenter habnerint lapsum , & sufficere sibi quod ecclesiam introierint , arbitrantur , ipsi omnimodo tempora statuta complebunt . d a full answer to a printed paper entituled foure serious questions concerning excommunication and suspension &c. consirm . thes. lib. p. . non tamen pro non judaeo , vel non circumciso , aut pro improbo damna●…vór habeba ●…ur cogebatur inhilominus secundùm ritus patrios vivere , sabbatum custo dire , aliáque talia sacere . quinetiam a sacramento expiationis generalis , quae die . ●…eni îs septembris per agebatur lev. . & . immundi nulli excludebantur . e ibidem etiam exhortationes , castigationes , & censura divina . nam & judicatur magno cum pondere ut apud certos de dei conspectu : summumque futuri judicii praejudicium est , si quis ita deliquerit , ut a communicatione orationis , & conventus , & omnis sancti commercii releget●r . f de iure natur . & gent. lib. . cap. . * yea now also it appeareth by his diotrephes catechised that he denieth and opposeth excommunication it selfe , at least under a christian magistrate . g steph. restringitur & 〈◊〉 m●…do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad synedrium seu presbyterium , id est seniorum collegium , ut matth. . so marlora●… in thesaur●… saith that the word ecclesia is taken prosenatu ecclesiastico matth. . . h sed solùm exempli causa attulit tale genu● peccati , de quò maximè poterat dubitari , an in ejus correptione hic ordo servandus sit , & in quò difficillimè servetur , ob innatam multis cupiditatem vindictae . i consirm . thesium lib. . cap. . quis nescit illo tempore judaeos sub romanis vixisse , ac praesidem eorum p●rentibus omnibus jus dicere solitum suisse ? civilem potentiam ad se omnem f●rè per●raxerant , relicta potestate ipsis de rebus sacris judicandi , & secundum legis ceremonias vivendi . idem lib. . cap. . in●erim tamen pa●ebant romanis : neque in aliis rebus potestatem servaverant integram , quàm in rebus ad religionem morésque patrios pertinentibus . b iosephus an-tiq . lib. . cap. . suasit ( popu lus ) regi ut orientalem instauraret porticum . ea templi extima claudebat , profundae valli & augustae imminens , &c. opus solomonis , regis , qui primus integrum templum condi●it . l erast cousirm . thes. lib. . pag. . quod uni dictum est , dictum toti est ecclesiae . at uni dictum est ut septuagies in die culpam deprecanti remit●at . ergo tota ecclesia deprecanti ignoscore debet , quo●iescunque in die sibi ignosci petot nulla enim justa causa proferri poterit , cur tota ecclesia non debeat facere in hac causa , quod singulis ejus membris praeceptum est . m quod si hos contemn●t , indicetur ecclesiae ejus pervicatia . et si ne ecclesiam au dierit , monitus scilicet à multis , habeatur ab eis veluti ethnicus & publicanus . et quaecunque illi sic ligave in t , ligata habebuntur in caelis , hoc est , quos ita monitos ejecerint è suo consortio , ●i etiam apud patrem ejecti habebuntur . n martyr in cor. . ult . loc . de excom . verum si hoc pro suo arbitrio cuique permittatur , ut facultatem habeat discedend● & separandi se à quibus voluerit , simultates , contentiones , & discordiae , longè graviores orientur , quàm si publicâ excommunicatione ut●remur . o cartwright histor. christi ex . evang. pag. . hoc loco ( mat. ) notandum , singulotum in ecclesia civium munus esse , ut deiinquentem s●rm corpaint . p si peccaverit in te frater tuus ] eadem habentur in libro musar . quan ▪ quam paulò aliter , qui arguit socium debet primùm hoc sacere placidè interse & ipsum solùm verbis mollibus , ita ut non pude saciat eum si respiscit ▪ bene est ●… sin , debet eum acriter arguere , & pudefacere inter se & ipsum . si non respiscit , debet adhibere socios , ipsumque coram illis pudore afficere : si nec hoc mod●… quicquam prosecit , debet eum pudesacere coram multis , ejusque delictum publicare . nam certè detegendi sunt hypocritae . q confirm . thes. lib. . cap. . p . ideo dicit christus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud math. ut intelligamus cum erroris & iniquitatis convincendum esse , ut eam agnoscat ac deprecetur non apud nos tantum , sed multò magis apud deum . r confirm . thes. lib. . cap pag. . habitant nunc sub turca & pontifice romano fideles ; si quis assiciatur ibi à fratre injuriâ , nec audire injuriosus suum coetum velit , quid aliud potest offensus facere quàm ejus implorare judicis opem , qui facultatem habet coercendi ? s sutliviks de presbyteri● cap. deindelo●…uitur christus de ecclesia , quae cogendi potestarem non habuit , c ▪ j sque sententiam impunèlic●…it contemn●…re . nam si cogendi po●…statem habuisset , srustra i●…la verba addita sunt , fi ecclesiam audire noluerit : nam ecclesia coegisset , & sententiam suam executioni mandasset . this he objecteth against the presbytetian interpretation . but in truth it helpeth us and strongly mili tateth against the erastian interpretation . t pag. . proinde impunè poterat , qui volebat judicium synedtii contemnere in civilibus rebus . u sutcliv de presbyt . cap. . x de actib . super●…at . disp. . d●…b . . item qua●do peccatum corripiendi p●aeter me est uni vel alteri notum , etiam facile mihi est hos post primam correp ionem adjungere mihi socios ac testes secundae 〈◊〉 . cum eni● hi non minus quàm ego ejus pecc●tum noverint , aequaliter poterunt ipsum de hoc corripere , illudúe poste● , si opus 〈◊〉 , coram superior● testari . quare communiter omnes censent in eo casu testes ●sse adhibendos , si prima correptio non suerit efficax . sed tota difficultas est quando pecca●um est mihi soli notum . qua in re triplex est 〈◊〉 . prima docet quando tunc proximus non ●mendatur secreta me admonitione , non esse ulterius p●ogrediendum , &c. y ignoscendi autem misericors mansuetudo , &c. non ad hoc valet ut sit iniquitas impunita , aut torpens & dormiens disciplina , quod potius obsit quam dil g ns vigilansque vindicta . claves quippe ●egni caelorum sic dedit christus ecclesiae , ut non solùm diceret quae solveritis super terram , c●unt solu a & in caelis : ubi apertissim è bonum , non malum pro malo reddit ecclesia : verùm & adjungeret : quae ligaveritis in terra erunt ligata & in caelo . quia bon● est & vindicandi justitia . illud enim quod ait , si nec ecclesiam audi●rit , sit tibi tanquam ethn●cus & publicanus , g●avius est quam si gladio soriretur , si flammis absumeret●r , si feris subrigeretur . nam ibi quoque subjunxit , amen dico vobis quae ligaveritis super te●tam erunt ligata & in caelis : ut intelligeretur quanto gravius sit punitus qui velut relictus est impunitus . z hior . in matth. . , quia dixerat , si autem ecclesiam non audierit , sit tibi sicut ethnicus & publicanus , & poter●t contemptoris fratris haec occulta esse responsio vel tacita cogitatio : si me despicis & ego te despicio : si tu me condemnas & meâ sententiâ condemnaberis : potestatem tribuit apostolis , ut sciant qui à talibus condemnantur , humanam sententiam divina sententia roborari , & quodcunque ligatum sucrit in terra , lig●ri pariter & in caelo . hier. epist. . ad heliod . absit ut de his quicquam sinist um loquar , qui apostolico gradui succedentos , christi corpus sacro ore conficiunt , per quos & nos christiani sumus . qui claves regni caelorum habentes , quodammodo ante judic●i d●em judicant , &c , mihi ante presbyterum ( legendum fortasse presbyterium ) sedere non licet : illi si peccavero , li●et tradere me satanae in interitum catuis , ut spiritus salvus fit . et in veteri quidem lege , quicunque sacerdotibus non obtemperasset , aut extra castra positus , lapidabatur à populo , aut gladio cervice subjecta , contemptum expiabat c●uore : nunc ve●ò inobediens , spirituali mucrone truncatur , aut ejectus de ecclesia , ●abido daemonum ore discerp●tur . a sutlivius de presbyt . cap. . p. . apostoli religionis & fidei à christo cognitionem acceperunt : haec enim pars est maxima clavium quas ille apostolis suis commisit . b m●…gdeb . cent. lib. . cap. . pag. . edit . giving the sence of this very place , they say . atque ita excludantur a communione ecclesiae , ut non modo arceantur ab usu sacramen : orum , sed etiam à commerció , ne cibus quidem cum iis capiatur . novariuus upon the place expreseth the apostles meaning in these words of ambrose . cum fraire in quo vi●…ia haec reperiuntur , non solùm sacramenta non edenda , sed nec communem escam docet , ut erubescat quum vitatur & se currigat . c gualther archel . in cor. . . catalogus eorum qui debent excommunica●i . tossanus ibid. quod cibum non vult sumi cum iis , pertinet id quidem ad disciplinam excommunica●ionis . martyr ibid. notandum praeterea , non esse privatorum hominum ut quisque pro sus libidine ab hoc vel ab illo , quem peccasse fortè suspicatus fuerit , sese disjungere velit . ad commune judicium ecclesiae pertinet . angust . hom. joyneth cor. . v. . with v. , . and then saith , quibus 〈◊〉 〈◊〉 oftendit non ●…emerè aut quomodolibet , sed per judicium ●…uferondos esse 〈◊〉 ab ecclesiae communione , ut si per judicium auferri non possunt , tolerentur potius , ne perverse malos quisque evitando , ab ecclesia ipse discedens , eos quos fugere videtur vinci●…t ad gehennam . the same hath bed●… upon the place out of augustine ▪ so likewise ambr●…se and the centurists before cited ▪ * the verse he yeeldeth to be a warrant for excommunication : yet he 〈◊〉 concerning that also , in diotre●… catechised . cor. . , . ter●…ul . apolog . d 〈◊〉 . ce●… . . lib. . cap. . cap. . edit . . apud corinthios invalu●rat ●lle abusus , ut an●e caenam dominicam inter se concertarent ; & alii ibi suas coenas instruerent & benepoti caenam domini acciperen● . e ●…od . c●…non . eccl . afri●… . can . . ut sacramenta altaris 〈◊〉 ni●i à jejunis hominibus celebrentur , excepto uno die anniversario , quo caena dominica celebratur . f august . epist. . cap. . sed nonnullos probabilis quaedam ratio delectavit , ut uno certo die per annum quo ipsam caenam dominus dedit , ●anquam ad insigniorem commemorationem , post cibos offerti & accipi liceat corpus & s●nguinem domini &c. hoc tamen non arbitror institu●um , nisi quia plures & propè omnes in plerisque locis eo die caenare consueverunt . g walafridus strabo de reb . eccl . cap. . hoc qu●que commemorandum videtur , quod ipsa sacrament● quidam interdum jejuni , interdum pransi perc●pisse leguntur . he tels us out of socrates that the egyptians ne●re alexandria , as likewise those in thebais did often take the s●crament after they had eaten lib●rally . h cum sero factum esset , recumbebat cum duodecim , & manducantibus ois dixit ▪ quoniam unus ex vobis me tradet . post enim tradidit sacramentum . i gerhard . loc . com . tom . . pag. , . petrus hinckelmannus de anabaptismo . disp . . cap. . b hilarius can. . in matth : post quae judas proditor indicatur , sine quo pascha accepto calice & fracto pane conficitur : dignus enim aeternerum sacramentorum communione non f●erat &c. neque sanè bibere cum eo poterat , qui non erat bibeturus in regno . l lib. . de myster . misse cap. . patet ergo quod judas prius exiit quàm christus traderet eucharistiam . quod autem lucas post calicem commemorat traditc●…em , per recapitualtionem potost intelligi : quia saepe ●…it in scriptura ut ' quod prius sactum sserat posterius enarretur . that whole chapter is sp●nt in the debating of this questio● . m in i●…h . de participatione autem co●po r●s & sanguinis ejus , potest aliquis opinari quod ille ( judas ) intersuerit . sed profecto diligentius evangelistarum natratione , doctorumque ●nsiderata diversitate , citius deprehendi , huic quoque sacramento illum nequaquam inter● nam cum accepis●et buccellam , qua traditor designatus est , exivit continuo . n idem in io. . sciendum 〈◊〉 ò est , quia , sicut & ante nos dictum est , si post bucellam continuo judas ●xivit , sicut paulò post evangelista dicit , procul●ubio nequaquam discipulis tunc interfuit , quando domirus noster sacramentum illis corporis & sanguinis sui distribuit . et paulo post . igitur exemplo domini , tolerate quidem malos boni debent in ecclesia , don●c ventilabro judicii granum à palea , vel à tritico separentur zizan●a : 〈◊〉 e● non ●o usque indis● eta debet esse patientia , ut indig●is , quos noverunt , sacrosancta christi tradant mysteria . o beza i●… jo. . . certa videtur esse corum sententia ●ui existimant judam institutioni sacrae caenae non interfuisse . p tessanus in joh. . ita ut judae qu●dem laverit pedes christus , sed postea egres●us caenae sacramentali non interfuerit , sicut ●ruditi multi ex hoc capite colligunt . q musculus in loc . com . de can●… dom. p. . m●hi sanè dubium non est , egressum ad perficiendum traditionis scelus fuisse judam , priusquam sacramentum hoc à domino disscipul is traderetu● . r diodati upon ioh . . we may gather from hence that he ( judas ) did not communicate of our saviours sacrament . s grotius annot . in mat. . , . luk . . ●…ch . . holds that the supper at which the sop was given to iudas , and from which he went forth , was the common supper , and that it was before the lords supper , and that luke doth not place christs words concerning iudas luke . . in the proper place . t gerhard . har●… evang. cap. . quidam statuunt pedum lotionem ips● etiam legali caenae sive agni pasch●lis esui praemittendam esse . w non dimittunt ( caetum comedentium ) post esum ( agni ) paschalis cum bellariis ( hoc est non sinunt caetum comedentium post esum agni paschalis comedere secundarum mensatum delitias ) ibid. v●…rsus finem . comedentium caetus sic dimittitur , ut nihil amplius cibi aut bellariorum aut similes secundarum mensarum delitias , quae ad commessationes pertinent , illis comedere aut quicquam bibere permissum sit : non enim in more habent post sacram hanc caenam indulgere commess●tionibus & 〈◊〉 , imo ne minimum quidem ▪ gustant . x matth. martini●… lexic. philol . pag. . nam sanè canon paschali●… diser●…e interdicebat , post poculum la●…dationis , aliquid cibi aut p●…tus sumere . interdicitur comedere aliquid post poculum hymni . hic fuit verus ritus celebrat●…nis pascha temporibus messiae , &c. * durantus de ritibus lib. . cap. . num . . ipsi tamen ( judae ) corpus & sanguinem suum dedit , ne occultum peccatorem sine accusatore & evidenti probatione , ab aliorum communione separarot . et insra num . . nam etsi christo nota crat judae iniquitas , sicut deo : non tamen ei cognita crat co modo , quo hominibus innotescit . x gerhard . har. evang cap. . christus his verbis judam quasi excommunicat , & ex apostolorum coll●gio disc●dere jubet , cum se totum diabolo tradidisset . quod facis fac citius , id est , cum ali● magistro te addixeris , & me audire pertinaciter renuas , abi ex meo & apostolorum meorum conspectu , &c. ambros. lib. . de cain & abel cap. . quod facis fac cele●…ius , quid illud ? ut quia introie●at in illum satanas , ipse abiret à christo. ejicitur itaque & excluditur , ●o quod jam cum domino jesu esse non posset , qui caeperat es●e cum diabolo . estius in lib. . sent. dist . . sect . . qui● & ipse christus hanc potestatem qua traduntur homines sathanae , exercuisse videtur , quando iudam à suo consortio removit , atque abire jussit dicendo , quod facis , fac citius . chrysostome hom. . in joh. ( according to the greek hom. . ) making a transition unto that text , that thou dost , doe quickly , he useth these words , to expresse what christ was at that instant doing to iudas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and againe , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , christ did separate him from the rest of the apostles , and cast him out . theophy lact . upon the same place : illum divisit domin●…s & separavit ab alils discipulis . y respondemus id nobis revera esse illicitum , & peccare ministros qui dant sacramenta indignis , quando fine scandalo denegare possunt , attamen deum his legibus non teneri , cum sit supremus dominus , qui suis donis utitur , prout voluerit , quemadmodum etiam deus non peccat permittendo hominum peccata , imò & ad peccati substantiam concurrendo ; nobis verò , nec concurrere licet nec permittere aliquod peccatum , quando sufficienter & moraliter id impedire possumus . * si verò peccatum est manif●stum , tun● verò sive in occulto sive in manifesto petat , debot ei denegare . z c●…nfirm , thes. p●g . . a tom. . hom . . et cum in se protulerit severissimae medicinae sententiam , veniat ad antistites , per quos illi in ecclesiâ claves ministrantur , & tanquam bonus incipi●s jam esse filius maternorum membrorum ordine custodito , à praep●sitis sacrorum accipiat satisfaction s suae modum , ut in offe●ndo sacrificio cordis contribulati devotus & supplex , id tamen agat , quod non solum illi p●osit ad recipiendam salutem , sed etiam caeteris ad exemplum . ut si peccata ejus non solum in gravi ejus malo , sed etiam in scandalo est aliorum : atque hoc expedire videtur utilita●i ecclesiae , antistiti in notitia multorum , vel etiam totius plebis agere paenitentiam non recuset . b i●stit . pag. . edit . . cum hoc tantum in ministerio habeant ( sacramenta ) testificari nobis ac confirmare dei in nos benevolentiam &c. ut quae 〈◊〉 largiantur quidem aliquid gratiae , sed renuncient & ostendant quae divina largitate nobis data sunt . c decad. . serm. . docuit vulgus sacerdotum & monachorum sacramenta novae legis non tantum esse signa gratiae , sed simul etiam gratiae causos , hoc est qu●… habeant virtu●…m conferendi gra●…iam . and after . sancti & electi dei non tum primum gratia dei donisque coelestibus participant , cum sacramenta percipiunt . etenim rebus prius quam fignis partic●…pant . and after . pro●…nde in coena 〈◊〉 non primum accipiuntur divi●…a 〈◊〉 , sed pro acceptis aguntur gratia . effec●… his opinor , eviciqu●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d ursin. tract . theol. pag. . sicut verbum est conversionis & confirmationis organum : sic 〈◊〉 sacramenta sunorgana confirmationis &c. non res accipimus ideo quia signum accipimus : sed signum nobis tribuitur quia res habemus : idque ita , ut non cur habeamus causa , sed quod eas habeamus testimonium sit . ibid. de sacram. def●ns . quinti arg. pag. . nos vero supra hoc discrimen verbi & sacramentorum non dis●…imulavimus , quod fides per verbum inch●…atur : sacramentorum usu autem confirmatur , exercetur , fovetur , augetur jam inchoata . sacramenta enim ne docent quidem , nedum confirmant , nisi praeeunte verbo & addente explicationem typorum . ideirco etiam sacramenta iis instituta sunt , quos deus jam pro membris ecclesiae a nobis vult agnosci . inchoatio igitur fidei ordinaria verbi propria est ; confirmati●… inchoatae , sacramentis cum verbo communis est . judicium de disciplina ecclesiastica ad finem tom. pag. . quasi non pueris jam no●…um , verbum & conversis & non conversis esse annuncia●…dum , quo illi quidem confirmentur , hi vero convertantur . sacramenta autem iis esse instituta qui jam sunt conversi & membra populi dei facti . e de coena dom. pag. quis non videt quales nos ad mysticam hanc domini mensam accedere oporteat ? nempe non tales qui fruiti●…nem corporis ac sanguinis domini primum in ea ●…aeramus , tanquam illius adhuc expertes : sed qui per fidem illius jam antea participes , gratiam semel acceptam , communicatione hac sacramentali corporis ac sanguinis domini , & mortis ipsius rememoratione , in cordibus nostris magis ac magis corrob●…rare , redemptorique gratias agere cupiamus . f adhaec praedicandum iis quoque est , qui nondum audierunt , aut certe nondum perceperunt . attame● utcunque feratur impuritas con●entuum ubi verbum praedicatur , quam christus & apostoli quoque tulerunt : coenae tamen communio ( ut dixi ) purior esse debet . nam publica est eorum qui palam se christianos profitentur , de redemptione gratiarum actio ●ideo circa hanc , ut communionem christi solemmiter sancti percipiunt , ita excludendi inde sunt qui vita sua se extra ●anc communionem esse , ma●ifesto probant . g fideles enim ante usum sacramentorum hanc gratiam omnin● habe●t : neque ad sacramentorum usum accedere debent qui ea● gratiam pro aetatis modo non habeat , neque admittendi sunt qui eam non habere meri●o praesumuntur . h quemadmodum autem sacramenta duplici nomine praesiant verbo , itidem verbum duobus nominibus praferendum sacramentis . vno quod verbum in adultis & generet fidem , & genitam foveat atque alat : sacramenta vero ●am non gignant , sed tantum genitam conserve●t atque augeant . altero quod absque verbo non salv●mur . &c. i credimus & confit●mur iesu● christum servatorem nostrum sanctae coenae sacramentum ●rdinasse & instituisse , ut ea nutriat & sustentet eos , quos jam regeneravit , &c. at vero , ad conservationem vitae sp●ritualis & c●estis , quam fideles jam habent , deu● illis pane● 〈◊〉 misit &c. k quem ad modum autem deo placuit opus hoc suum gratiae per predicationem evangelii in nobis incho●re , ita p●r ejusdem auditum , lectionem , meditationem , adhortationes , minas , promissa , nec non per usum sacramentorum , illud conservat , continuat et persicit . l explic. catech. quaest. . verbum est instrumentum spiritus sancti , per quod incl●…oat & confirmat in nobis fidem ideoque verbum debet praeire . sacramenta sunt organa spiritus sancti per quae fidem inchoatam confirmat : ideoque sacramenta debent sequi . ibid. quaest. . art. . sacramenta tantum sunt instituta fidelibus & conversis , ut his promissionem evangelii obsignent , & fidem confirment . verbum quidem est conversis , & non conversis commune , ut conversi confirmentur , nondum conversi convertantur : sacramenta vero ad solos fideles per●…inent . m loc. com . tom. . pag. . per baptismam regeneramur ac re●…ovamur : per sacramentum coenae alimur ac nutrimur ad vitam aeternum . in baptism●… praesertim infan●…um , per spiritum s. fides accenditur : in usu sacrae coenae augetur , confirmatur , & obsignatur . per baptis●…num christo inserimur , in quo spirituale incrementum salutari coenae usu accipimus . n tom. . pag. . at an non per sacramenta etiam fides & regeneratio exhibetur ? resp. distinguendum inter primum fidei & resipiscentiae initium , & confirmationem ejus ac augmentum . nemo admit●…tur ad sacramenta nisi pro fideli & poenitente habeatur ; quemadmodum verba clara sunt , quisquis crediderit & baptizatus fuerit . in●…ntes habentur pro foederatis , ac proinde etiam pro iis qui spiritum fidei acceperunt , sed de hac repostea . sic in coena requiritur , ut 〈◊〉 probet se an sit in fide , & ut digne manducet : infidelibus enim vel nondum credentibus nullae fiunt promissiones , ac proinde nec obsignantur . perperam ergo statuunt ipsa sacramenta esse caus●… primae regenerationis aut justificationis , tum pontificii , tum lutherani quidam . sed si fidei & regenerationis conf●…atio & augmentum spectetur , recte tribuitur sacramentis ut causis instrumentalibus . o becanus theol. schol. part . . tract . de s●cram . quaest. . omnia sacramenta ●…ovae legis s●…mper conferunt gratiam habitu●…lem seu 〈◊〉 , non ponentibus obicem , ac proinde gratia habitualis est communis quidam esfectus om●…ium sacramentorum : est communi●… sententia . p tannerus in thomam . tom. . disp. . qaest . . dub. . ●…mo omnia sacramenta de facto nonnunquam possunt ex opere operato ( how much more if there be also opus operantis ) confer●…e primam gr●…am . haec est sententia magis pia & probabilior ; quam docet s. thomas &c. eandem communiter sequuntur t●…omistae . he confirms it thus . quia quaedam sacram●…nta per se pro●…riesolum instituta ad dindam prima●… gratiam , tossunt conserre 〈◊〉 . ergo etiam per se instituta ad honc toterunt conferre primam &c. atque hoc etiam sensu admitti potest quod nonnulli dixeru●…t , omnibus sacramentis sub ratione saltem generica sacramenti novae legis , etsi non specifica , per se co●…venire ut gratiam primam conferant . q faustus socinus de coena dom. tract . brev . terum , quod omnes fere opinantur , hoc ritu , quem sacramentum appellant , confirmari saltem fidem nostram , ne id quidem verum censeri debet ; cum nec ullo sacro testimonio comprobetur , nec ulla ratio sit , cur id fièri possit . quomodo enim potest nos in fide confirmare id quod nos ipsi facimus , quodque licet a domino institutum , opus tamen nostrum est . smalc . disp. . de coena . vox sacramenti in hac significatione barbara vel saltem sacris liter is incognita est , ●…b hominibus vero otiosis , qui ceremoniis hujusmodi nescio quid praeter sacram scripturam superstiti●…sum aut eti●…m idololatricum ex parte , 〈◊〉 non sunt 〈◊〉 , ad 〈◊〉 dolum 〈◊〉 . r chamier . contract . tom . lib. . cap. . quia ut efficientia toto genere suo differt a significatione : ita diversa ratio est instituendi in st●…umenta efficientia , & significantia &c. . prob . inductione . quia nulla signa sive miraculosa , sive alia sunt efficientia . polanus synt. lib. . cap. . elementum sacramentale significat , testatur , & obsignat ●…redentibus rem verbo dei promissam , eam autem nequaquam causat , efficit , aut producit . s synops. pur. theol. disp. . thes. . duo tantum esse & non plura ( sacramenta ) affirmamus : quoniam unum est initiationis , seu regenerationis , alterum nutritionis seu alimoniae . so matthias martinius lexic. philol. pag. . makes this distinction between baptisme and the lords supper : that is a sacrament of initiation and ●…doption : this of confirmation and ●…urishment . t polan . synt lib. . cap. . he holds that omnes illi qui scandala praebent & non resipiscunt serio , a mensa domini sunt arcendi . . quia si infideles & impoenitèntes ad coenam domini admitterentur , profanaretur foedus dei , tam communicando symbola foederis iis quibus deus nihil promittit , quam usu●…pando symbola sacra sine fide & resipistentia . . quia polluerent & contaminarent eibum & potum consecra●…um , quem christus non destinavit nisi suis domesticis & fidelibus &c. . quia incredulos & manifeste impios christus prohibuit admitti ad sacram coenam : nam instituit illam solis fidelibus . u ubi supra pag. . x bullinger decad. . serm . . quis praeterca i●…de non colligat , nos qui filii abrahae sumus , non alia ratione justificari , quam p●…trem justifica●…um constat , ac sacramenta nostra in nobis non aliud ●…fficere , quam quod in ille 〈◊〉 ? 〈◊〉 cum eadem sit ratio sacramentorum veterum & nostrorum . y synops. pur . theol. disp. . th●s . . dignus ejus usus praeeu●…te probatione sui cujusque definitur : scilicet an sit in fide cor. . . & s●…ria resipiscentia afficiatur , secundum illud pauli , probet vero seipsum homo . &c. z ursinus tract . theol. pag. . edit . . ad coenam domini autem nulli nisi adulti , qui & probare seipsos possunt , & hanc probationem confessione & vita ostendant . quid porro de his faciendum qui vitam christianis indignam agunt ? ecclesiastica disciplina coercendi sunt . a magdeb. cent. lib. cap. . pag. . indigne eos uti docet ( paulus ) qui sine vera poenitentia & fide accedunt . &c. oecumenius upon cor . fixeth the sin of eating and drinking unworthily upon the corinthians , in regard of their contempt of the ●… poor , and their other sinnes : supposing all such to eat unworthily who are under any wickednesse unrepented , when they come . b de tempore scrm. . et cum nullus homo velit cum ●…unica sordibus plena ad ecclesiam convenire , nescio qua conscientia cum anima per luxuriam sit inquinata , praesumit ad altare accedere : non timens illud quod apostolus dixit : qui enim manducat corpus & sumit sanguinem domini indigne , reus erit corporis & sanguinis domini . c zuinglius tom. . de verâ & falsâ religione cap. de sacram. coena dominica d●…nus experimentum , quod morte christi fidamus , quum gratulantes & laeti adsimus in eo coe●…u , qui deo gratias agit pro beneficio redemptionis . d hutterus disp. . de coena dom. thes. . sacramentum initiationis novi test. puta baptisinum , ordine convenientissimo excipit sacramentum confirmationis , quod est sacra●…ssima coena domini & servatoris nostri jesu christi : tum ob causas alias , tum quod ea est fidei nostrae , in baptismo nobis collatae , respectu nostri infirmitas , ut nisi subinde confirmetur , mo●… penitus fatiscat & intereat . e si itaque in me manet , & ego in illo , tunc manducat , tunc bibit . qui autem non in me manet , nec ego in illo , & si accipit sacramentum , magnum acquirit tormentum . et infra . ad altare dei invisibile ( quo non accedit injustus ) ille pervenit , qui ad hoc praesens justificatus accedit . f hoc est enim indignè accipere , si eo tempore quis accipiat , quo debet agere poenitentiam . g vide kekerm . system . log . lib. . cap. ● . h z●ch . ursin . judicium de disciplina ecclesiastica . tom. . pag. . haec enim dei voluntas non erit in aeternum , ut ecclesia christiana alicui gratiam christi & remissionem pec catorum , annun ciatione verbi divini deneget , & eidem exhibitione sacramentorum spondeat . i explic. catech. q●aest ▪ . si enim christus hoc di xit de verbo audibili ▪ quod ta●…men institutum est conversis , & n●…n convers●…s vel convertendis : 〈◊〉 magis 〈◊〉 dic●…uy d●… verbo visibili hoc est de sacrame●…tis , quae tantum conversis sunt institut●… . ( ) pag. . sermo noster de illis est , qui crimen agnoscunt & con●…itentur : qui emendationem promi●…tunt : qui sacramentis rectè cum cae●…eris u●…i , quantum judicare nos possumus , desiderant . l pag. . m medina in tertiam partem , quaest . . verum cum non sit idem , agnoscere se peccatorem , & con●…iteri peccata sua , recte intelligimus cos sua peccata saltem majora indicasse , & confessos esse d. johanni , sic●…t & act. . multi creden●…ium dicuntur venisse ad paulum confitentes & annuntiantes actus suos . n in matth. . quaest . . so salmeron ▪ tom. part. . tract . . narrantur venisse ad jo●…annem & ad baptis●…um su●…m . non ●…onstat autem an baptisati su●…rint : n●…m luc. ▪ . dicuntur sprevisse consilium dei in seme●… ipsos , non baptisati a johanne . o cent. . lib. . cap. . p tom. . part . . tract . . q ibid. tract . . r cent. . lib. . cap. . nequaquam margaritas anie porcos proi●…cit : non quoslibet temere ad baptismum admisit , sed consitentes peccata sua , hoc est , exploratos , & agentes poenitentiam tantum : con●…umacos vere , ac defensores suarum impietatum aut scelerum , reprobavit . s observat. lib. . cap. . nam eorum in lapsos judicium ad eucharistiam referri nequit , quibus post aliquod tempus omnia cum 〈◊〉 fratribus volunt esse communia , praeter eucharistiam , cui enim cum fidelibus supplicationes facere & orare liceret , is ad omnia quae eram in societate christiana , una excepta eucharistia , jus habere censebatur . t albaspinaeus observ. lib. . observ. . quod si quaeratur quam ob rem antiqui quartum illum gradum posuerint &c. nulla potest c●…ngruentior commodio●… que 〈◊〉 ratio , quam quae ex reverentia ac religiene petitur , qua adversus , sanctam eucha●…istiam fe●…ebantur : detetestabile q●…ippe deo & hominilus , non solum existurabant hominem , vel levissima macula inquindium , aut maculae nebula ●…ffusum , ad e●…haristiam accedere , sed etiam periculosum absolutes poeni●…entes eam tangere & a●…ectare , quo●…●…on satis sancti & sanctificati censebantur , quibus tanta res committeretur . u causabon exerc. ● . pag. . edit . francof . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 igitur c mysteriis genti●…m vox accepta , appellabatur statio inter fideles : ibi poenitentes duos persape annos agebant ; quod ad caetera ejusdem conditionis cum fidelibus ; neque jam cum catechumenis exibant ; sola participatione mysteriorum caeteris fra●…ribus inferiores . x conc. ancyr . can. de his qui irrationabiliter versati sunt sive versantur . quotquot ante vicesimum ae●…atis suae annum , tale crimen commiserint , quindecim annis exactis in poenitentia , communionem mereantur orati●…num . deinde quinquennio in hac communione durantes , tunc dentum oblationis sacramenta contingant . discutiatur autem vita eorum , quales tempore poenitudinis extiterint . &c. y conc. nicaen . can . duobus autem annis iidem sine oblatione in oratione sola participent populo . z conc. arelat . . can. . si qui vero dolore victi & pondere persecutionis negate & sacrificare compulsi sunt , duobus annis inter catechumenos : triennio inter poenitentes habeantur a communione suspensi . of these poenitentes we read also in codice canonum ecclesiae africanae can. . & can . and it is certain they were admitted to the word , and some to prayer , but not to the sacrament , till the church was abundantly satisfied with the signes and proofs of their true repentance . * et causa non est postrema cur apud multos pessime audiat christianismus : quod disciplina ecclesiastica refrixerit . a vide apud theod. balsam . can. greg. thaumat . can. . fletus seu luctus est 〈◊〉 p●…rtam 〈◊〉 : ubi peccato●…em stantem opo●…tet fideles ingredientes orare ut pro se precentur . auditio est intra portam in porticu , uhi oportet eum qui peccavit stare , usque a●… catechumenos , & illinc egredi . audiens enim , inquit , scriptaras , & doctrinam , ejiciatur , & precatione indignus censeatur . subjectio autem seu substiatio est , ut intra templi portam stans cum catechumenis egrediatur . congrega●…o seu consistentia est , ut cum fidelibus consistat , & cum catechumenis non egrediatur : ●…ostremo est participatio sacramentorum . b vide apud theod. balsam . canonic . epist. basilii ad amphil. can. . oportet autem non eos ( trigamo●… ) omnino arcere ab ecclesia , sed dignari auditione duobus vel tribus annis : & postea permitti quidem consistere , seu in fidelium esse congregatione , a boni tamen communione abstinere , & sic postquam poenitentiae fructum ullum ostender●…nt , communionis loco restituere . ibid. can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , anno a sola sacramentorum commun●…one arcebitur . ibid. can. . qui autem sine necessitate suam fidem 〈◊〉 . cum duobus annis defleverint , & duobus annis audiverint , & in quinio in substratione fuerint , & in duobus aliis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sine oblatione in orationis communionem suscepti extiterint , ita tandem condigna scilicet poenitentia ostensa , in corpo●…is christi communionem recipientur . the like see can. . can. . can. . can. . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d margaritas item ne ante porcos projiciamus , divino interdict● prohibemur , hoc est ante e●s qui in vitiosis affectibus volutantur , ac porcinum vitae genus sequuntur : ne forte conculcent eas pedibus , nimirum in sceleratis suis studiis divino nomini contumeliam inferentes : & conversi disrumptant vos . e cypr. lib. . ep. . na●… cum in mi●…oribus peccatis agant peccatores poenitentiam justo tempore , & secundum disciplinae ordinem a l exomologesin veniant , & per manus impositionem episcopi & cleri jus communicationis accipiant ; nunc ●…udo tempore , persecutione adhuc perseverante , nondum restituta ecclesiae ipsius pace , ad communicationem admittuntur , & 〈◊〉 nomen ●…orum , & nondum poenitentia acta , nondum exomologest facta , nondum manu eis ab episcopo & clero imposita , eucharistia illis datur , cum scriptum sit , qui ederit l'anem aut biber●…t calicem domini indigne , reus erit corporis & sanguinis domini . just. marty● apol. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ( c ) de rebus eccles. cap. . unde etiam criminum foeditate capitalium , a membris christi deviantes , ab ipsis sacramentis ecclesiastico suspenduntur judicio . et infra . sciendum enim a sanctis patribus ob hoc vel maxime constitutum , ut mortaliter peccantes a sacramentis dominicis arceantur , ne indigne ea percipientes , vel majore reatu involvantur , ut judas , &c. vel ne ( quod apostolus de corinthiis dicit ) infirmitatem corporis & imbecillitatem , ipsamque mortem praesumptores incurrant . et ut a communione susperst , terrore ejus exclusionis , & quodam condemnationis anathemate compellantur , studiosius poenitentiae medicamentum appete●…e , & avidius recuperandae salutis desideriis inhiare . h tempus quidem confessionis , aeque & lotis baptismate , & illotis prophanisque incumbit : illis quidem ut post patentia criminum vulnera poenitentia inter veniente curentur , & ad sacra mysteria redire mereantur : his vero ut ablutis in baptisino maculis , ad dominicam mensam munda jam conscientia accedant . i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . k ambros. lib. . de offic . cap. . cui titulus : de be ▪ nignitate & quod excommunicatio tardius sit exerenda ; saith thus sic episcopi affectus boni est ut 〈◊〉 sanare infirmo●… , serpentia auserre ulcera , adurere aliqua non abscindere : postremo quod sanari non potest , cum dolore abscindere . l cypr. lib. . epist. ● or according to pamelius his edition epist . . quod si poenitentiam hujus illiciti concubitus sui egerint , & a se invicem recesserint , inspiciantur interim virgines ab obstetricibus diligenter , & si virgines inventae fuerint , accepta communicatione ad ecclesiam admittantur , hac tamen interminatione ut si ad eosdem masculos postmodum reversae suerint , aut si cum eisdem in una domo & sub eodem tecto simul habitaverint , graviore censura ejiciantur , nec in ecclesiam postmodum facile recipiantur . si autem de eis aliqua corrupta fuerit deprehensa , agat poenitentiam plenam . m aug. lib. contra donatist . post collationem cap. . ita sane ut nec emendationis vigilantia quiescat , corripiendo , degradando , excommunicando , cae●…erisque coe citionibus licitis atque concessis , quae salva unitatis pace in ecclesia quotidie fiunt , secundum praeceptum apostolicum charitate se●…vata , qui dixit , si quis autem non obaudit verbo nostro . &c. n meretrices & hist●iones & quilibet alii publicae turpitu dinis professores , nist solutis out di●uptis talibus vinculis , ad christi sacramenta non permittun●ur accedere : qui utique secundum istorum sententiam omnes admitterentur , nisi antiquum & robustum morem sancta ecclesia retineret ex illa scilicet liquidissima verita●e venientem , qua cer●um habet , quoniam qui talia agunt , regnum dei non p●ssidebunt . o in matth. . neque enim apertos ac palam malos , apostoli aut ulli sancti evangelii praecones congregare , & ecclesiae communioni per sacramenta aggregare potuerunt aut congregarunt , quod tales a communione ecclesiae tanquam pestes illius sint arcendi , sed congregarunt opertos ac●…ectos , quos quia sub ovina pelle sunt lupi & sub externa fidei & vitae ●…bristianae specie , internam fraudem ac impietatem tegunt ( atque ita vere bonis exterius pares , imo interdum superiores apparent ) idcirco ab apostolis aliisque evangelii praeconibus dignosci non potuerunt . &c. rigidi autem sunt , non qu● & ipsi pejora non peccent : sed hoc inter nos & illos interest , quod illi erubescunt confiteri peccata , quasi justi : nos dum poenitentiam agimus , facilius veniam promer●mur . reliquiæ spelmannianæ the posthumous works of sir henry spelman, kt., relating to the laws and antiquities of england : publish'd from the original manuscripts : with the life of the author. spelman, henry, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reliquiæ spelmannianæ the posthumous works of sir henry spelman, kt., relating to the laws and antiquities of england : publish'd from the original manuscripts : with the life of the author. spelman, henry, sir, ?- . gibson, edmund, - . [ ], , [ ] p. : ill., folded geneal. tables, port. printed at the theater for awnsham and john churchill ..., oxford : . dedication signed: edmund gibson. issued in as part of the english works of sir henry spelman, publish'd in his life-time. reproduction of original in huntington library. imperfect: port. and ill. lacking in filmed copy. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng spelman, henry, -- sir, ?- . law -- england. ecclesiastical law -- england. great britain -- antiquities. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion reliquiae spelmannianae . the posthumous works of sir henry spelman kt. relating to the laws and antiquities of england . publish'd from the original manuscripts . with the life of the author . sine dubio , domus jurisconsulti est totius oraculum civitatis . cicero . oxford , printed at the theater for awnsham and john churchill at the black-swan in pater-noster-row , london . . imprimatur , joh . meare vice-can . oxon . jan. . . to the most reverend father in god thomas lord arch-bishop of canterbury , primate of all england and metropolitan , and one of his majesty's most honourable privy council . my lord , i beg leave to lay before your grace these posthumous discourses of sir henry spelman ; promising them a favourable reception , both for their own worth , and for the sake of their author . he was a person endow'd with those excellent qualities , which never fail to recommend others to your grace's good opinion and esteem : a gentleman of great learning , and a hearty promoter and encourager of it : in his temper calm and sedate ; and in his writings , grave and inoffensive : a true lover of the establisht church , and a zealous maintainer of her rights and privileges . in which respect , the clergy of this nation were more particularly engag'd to him ; because being a lay-man , and so not lyable to the suspicion of prejudice or interest , his reasonings carry'd in them a greater weight and authority , than if they had come from one of their own order . i might add , as some sort of excuse for this trouble , that he had the honour to be particularly respected by two of your grace's predecessors ; and some of his posthumous works , by a third . arch-bishop abbot and his immediate successor were the chief encouragers of the first volume of his councils : and after his death , the second part of his glossary was publisht by the procurement of arch-bishop sheldon . so that these papers have a kind of hereditary right to your grace's protection . all the share that i have in this work , is the handing it into the world : and to make the first present to your grace , would be no more than a decent regard to the eminence of your station ; though i had no particular obligation to do it . but in my circumstances , i should think my self very ungrateful , if enjoying so much happiness under your grace's patronage , i should omit any opportunity of expressing my thankfulness for it . especially , since such small acknowledgements as this , are the only returns that i can ever hope to make for the encouragement , which you daily afford to your grace's most obliged and most dutiful servant edmund gibson . the preface . i shall not make any apologie for the publication of these treatises : they seem'd to me to be very useful towards a right understanding of the laws and antiquities of england ; and i hope they will appear so to others too . nor need i endeavour to recommend them to the world , any otherwise than by shewing them to be the genuine labours of sir h. spelman , whose learning , accuracy , and integrity are sufficiently known . the first of them , concerning feuds and tenures in england , was written in the year . and is printed from a fair copy in the bodleian library , corrected with sir henry spelman's own hand . the occasion of writing it , was the great case of defective titles in ireland ; as may be gathered in some measure from the hints , that our author has given us ; but is much more evident from the case it self , printed afterwards by order of thomas viscount wentworth the then lord deputie . the grounds thereof ( with the pleadings and resolutions , so far as they concern the original of tenures ) were , in short , thus : the several mannours and estates within the counties of roscomon , sligo , mayo and gallway , in the kingdom of ireland , being unsettl d as to their titles ; king james i. by commission under the great seal dated the d . day of march in the th . year of his reign , did authorize certain commissioners , by letters patents to make grants of the said lands and mannours to the respective owners . whereupon , several letters patents to that effect , passed under his majesties great seal , by virtue of the said commission , for the strengthening of titles that might otherwise seem defective . and afterwards , in the reign of king charles i. upon an enquirie into his majestie 's title to the countie of mayo , there was an act of state publisht , commanding all those who held any lands in that county by letters patents from the crown , to produce them or the enrollment thereof before the lord deputie and council , by a certain day . to the end that they might be secur'd in the quiet possession of their estates , in case the said letters were allow'd by that board to be good and effectual in law. in pursuance of this order , several letters patents were produc'd , and particularly the lord viscount dillon's ; which last , upon the perusal and consideration thereof by his majestie 's council , were thought to be void in law. and therefore it was order'd by the lord deputie and council , that the doubt arising upon the letters patents should be drawn up into a case , and that case to be openly argu'd at the council-board . the case was drawn up in these words : king james by commission under the great seal dated the second day of march in the fourth year of his reign , did authorize certain commissioners to grant the mannour of dale , by letters patents under the great seal of this kingdom , to a. and his heirs , and there is no direction given in the said commission touching the tenure to be reserv'd . — there are letters patents by colour of the said commission pass'd unto a. and his heirs , to hold by knights ▪ service , as of his majesties castle of dublin . here , it was agreed on all hands ▪ that the letters patents were void as to the tenure , and that the commissioners had acted beyond their commission in reserving a mean tenure , to the prejudice of the king ; when they ought either to have reserv'd an express tenure by knight's service in capite , or have mention'd no tenure at all , but have left the law to imply a tenure in capite . the question therefore was , whether the deficiency of the tenure did so far affect the grant , as wholly to destroy the letters patents ? or , whether the letters patents might not be good as to the land , and void only as to the tenure ? the case was argu'd several days by counsel on both sides ; and was afterwards deliver'd up to the judges , who were requir'd by the lord deputie and council , to consider of it and to return their resolution . but upon private conference , not agreeing in their opinions , it was thought necessary for publick satisfaction to have it argu'd solemnly by them all : which was accordingly done . and when it came to be debated , whether the reservation of a tenure , so different from that intended and warranted by the commission , could make void the whole grant ; this happen'd to lead them to a more general enquirie , what the reservation of a tenure is to the grant ? whether it be a part of the grant , and the modus concessionis , or whether it be a distinct thing , and aliud from the grant ? for ( so the printed case represents their opinion ) if the reservation of the tenure and the grant of the land , be aliud & aliud , two distinct things , in the consideration of the whole grant made , and the authority given by the said commission for the making thereof ; then the patent may be void as to the tenure , and yet good for the grant of the land. but if the reservation of the tenure be incident unto the authority and included within it , and the reservation of the tenure and the grant of the land make up but one entire grant , so that the one is a part of the other , and the reservation of the tenure be modus concessionis ; then the granting of the land , reserving a diverse or contrary tenure to that which their [ nude ] authority did warrant them to reserve , is a doing of idem alio modo , and so the whole act is void . they who pleaded for the validity of the letters patents as to the lands , and their being void only as to the tenure ; urg'd , among other arguments , that tenures in capite were brought into england by the conquest , but grants were by the common-law ; and therefore grants being more ancient than tenures , the tenure must of necessity be aliud from the thing granted . and to prove that this tenure came in with the conqueror , they cited mr. selden in his spicileg ▪ ad eadmerum , p. . where he hath that out of bracton de acquir . rerum dominio . b. . forinsecum servitium dicitur regale servitium quia spectat ad dominum regem & non ad alium , & secundum quod in conquestu fuit adinventum . but this argument and the authority were both over-ruld ; and it was affirm'd , that tenures were not brought into england by the conqueror , but were common among the saxons . their answer to mr. selden's opinion , with the reasons upon which they grounded their position , i will transcribe at large from the printed case ; the book being very scarce , and this the only point wherein sir henry spelman is concern'd . it was answered that mr. selden in that place does barely recite the words of bracton , not delivering any opinion of his own . for in that book cited , pag. . and in his titles of honour , the last edition . p. . we find that he was of another opinion , and that this tenure was in use in england in the times of the saxons . what were those thani majores , or thani regis among the saxons ? but the kings immediate tenants of lands , which they held by personal service , as of the kings person by grand serjeanty , or knights-service in capite . the land so held , was in those times called thain-land , as land holden in socage was called reveland , so frequently in dooms-day : haec terra fuit terra regis edwardi thainland , sed postea conversa est in reveland . cokes instit . sect. . after some years that followed the coming of the normans , the title of thane grew out of use , and that of baron and barony succeeded for thane and thain-land . whereby we may understand the true and original reason , of that which we have in the lord cromwels case , . coke . that every barony of ancient time was held by grand serjeanty ; by that tenure were the thain-lands held in the time of the saxons , and those thain-lands were the same that were after called baronies . 't is true , the possessions of bishops and abbots were first made subject to knights-service in capite by william the conquerour , in the fourth year of his reign , for their lands were held in the times of the saxons : in pura & perpetua eleemosyna , free , ab omni servitio saeculari . but he then turned their possessions into baronies , and so made them barons of the kingdom by tenure , so that as to them , this tenure and service may be said to be in conquestu adinventum . but the thain-lands were held by that tenure before . as the kings thane was a tenant in capite , so the thanus mediocris or middle thane , was only a tenant by knights-service , that either held of a mean lord and not immediately of the king , or at the least of the king as of an honour or mannour , and not in capite . what was that trinoda necessitas , which so often occurs in the grant of the saxon kings , under this form. exceptisistis tribus expeditione , arcis & pontis exstructione ? ( see it in a charter of king etbeldred in the preface to cokes . report , &c. ) but that which was after expressed by salvo forinseco : bracton lib. . cap. . & . . edw. . gard . . ass . . selden analect . anglobrit . . and therefore it was said that sir henry spelman was mistaken , who in his glossary verbo feudum , refers the original of feuds in england to the norman conquest . it is most manifest , that capite tenures , tenures by knights-service , tenures in socage , frank-almoigne , &c. were frequent in the times of the saxons . and if we will believe what is cited out of an old french customary , in a ms. treatise of the antiquity of tenures in england , which is in many mens hands , all those tenures were in use long before the saxons , even in the times of the britains , there it is said ▪ the first british king divided britain into four parts , and gave one part to the arch-flamines to pray for him and his posterity . a second part he gave to his earls and nobility to do him knights-service . a third he divided among husbandmen , to hold of him in socage . the fourth part he gave to mechanical persons to hold in burgage . but that testimony was wav'd , there being little certainty or truth in the british story before the times of caesar . neither would they make use of that , which we are taught by william roville of alenzon in his preface to the grand customier of normandy , that all those customs ( among which these tenures are ) were first brought into normandy out of england by edward the confessor . besides , that which hath been said , we find feuds both the name and thing in the laws of those times , among the laws of edward the confessor , cap. . where it is thus provided , debent enim universi liberi homines , & secundum feodum suum , & secundum tenementa sua , arma habere , & illa semper prompta conservare , ad tuitionem regni , & servitium dominorum suorum , &c. lambard . archaionom . . this law was after confirmed by william the conqueror , vid. cokes instit . sect. . as these tenures were common in those times , so were all the fruits of them , homage , fealty , escuage , reliefs , wardships . for releifs , we have full testimony in the reliefs of their earls and thanes , for which see the laws of king canutus , cap. , & . the laws of edward the confessor , cap. de heterochiis , and what out of the book of dooms-day coke hath in his instit . sect. . camden in bark-shire . selden in eadmer . p. . that wardships were then in use , and not brought in by the normans , as camden in his britt . . nor by hen. iii. as randolph higden in his polichronicon ; and others ( not understanding him ) would perswade . vid. seldens notes on fortescue . . among the priviledges granted by edward the confessor to the cinque-ports , we meet with this , that their heirs shall shall not be in ward . lambards perambulat . of kent . . and in the customs of kent , which are in the magna charta of tottels edition , and in lambards perambulation , there is a rule for the wardship of the heir in gavelkind , and that he shall not be marryed by the lord. and those customs say of themselves , that they were devant le conquest , & en le conquest . for the antiquity of wardships in england and scotland , see also hect. boet. lib. . buchanan rerum scot. lib. . and the laws of malcolm ii. which prove the antiquity of wardships in scotland , and therefore in england before the norman conquest ; for in those times it is probable the laws of both nations did not much differ , as for the times after , it appears they did not , by comparing their regiam majestatem , and our glanvil . neither is the bare conjecture of sir henry spelman sufficient , to take away the force of those laws . vid. spelman . glossar . verbo feudum . upon this ( amongst other reasons ) they did conclude , that upon consideration of the authority given , and grant thereupon made , the reservation of the tenure cannot be said to be aliud . so. a separate and distinct thing from the authority of granting the land , but rather included within it . and that the reservation of the tenure , though it be not ipsa concessio , the grant it self , yet it is modus concessionis , and a part of the grant ; and that therefore the authority being not pursued in that , the whole grant is void . these were their arguments for tenures among the saxons ; as they are set down in the case it self , drawn up and printed by order of the lord deputie . sir henry spelman has severally consider'd both the truth and force of them ; not strictly confining himself to their reasons and reflections , but taking occasion from thence to write a very elaborate treatise of the nature and original of feuds and tenures . the two discourses , of the ancient government of england , and of parliaments , are both of them publisht from the original manuscripts in the hands of mr. charles spelman of congham in norfolk , son of sir john spelman , and grandson to sir henry . that , concerning the original of the four terms , was publisht in the year . from a very uncorrect and imperfect copy , which probably had been taken , when the author first wrote the discourse . the original manuscript ( with very many additions and corrections , that sir henry afterwards made in it ) is preserv'd in the bodleian library ; from whence the work is now printed entire . the apology for arch-bishop abbot , by an unknown author , and the answer to it by sir henry spelman ; are in the pos●ession of mr. henry spelman ( son to mr. clement spelman , who was sir henry's youngest son ) both written with our author 's own hand . to this answer he refers us in his glossary ▪ under the title muta canum . the letters relating to the same subject , are in a collection of original papers and records , deliver'd to mr. wharton by arch-bishop sancroft , and now in the hands of mr. ch●●wel . the treatise of the original of testaments and wills , and his icenia , or the description of norfolk ▪ are both publisht from the author 's own copies , in the bodleian library . the latter of these is not so compleat , as he had intended to make it . the catalogue of the earls marshal of england , and the dissertation de milite , were evidently design'd for a part of his glossary ; as appears from the manner of the composition , and from several passages in them . but when the papers were deliver'd to sir william dugdale , for the publication of the second part of that work , these two ( it seems ) had been mislaid . the account of the earls marshal is ( i fear ) imperfect in some places ; but will however be of good use towards a more accurate catalogue of them . the succession of the family of sharnburn , is a peice of antiquity that was exceedingly valu'd by sir henry spelman ; as appears both from his recommendation , and from the use that he has made of it in some part of his works . having met with a copy in mr. ashmole's museum at oxford , i thought it might not be improper to publish it among his remains . the dialogue concerning the coin of the kingdom , and the catalogue of the places of the arch-bishops and bishops of this realm ; are in the possession of mr. charles spelman . the first is written in a hand not unlike sir henry spelman's , only somewhat less ; which ( if it was really his ) may have been occasion'd by his writing it while he was young . for it appears to have been compos'd in the . of elizabeth ; when sir henry was but about thirty three years of age . the catalogue was drawn up in the time of king james i. for the use of the then arch-bishop of canterbury ; as i gather from those words in the beginning , written in a different hand , pro domino archiepiscopo cantuar. i dare not positively affirm , that either of these is sir henry spelman's ; but the finding them among his other papers , and the accurate knowledge of our english affairs which appears in both , incline me to believe that he was really the author of them ; and for that reason , they are printed upon this occasion . this is all i have to say concerning the posthumous works of sir henry spelman ; which i was willing to make publick , for the author's reputation and the service of the world. the life of sir henry spelman kt. henry spelman was born at congham , a town in norfolk near lynn . he was descended from an ancient family of that name ; who , about henry the iii's ▪ time were seated in hampshire , but afterwards remov'd into suffolk , and from thence into norfolk , about . years since . his father's name was henry spelman esq as i learn from a pedigree of the family under sir henry's own hand ; and not john , as a late writer has told us . his mother was frances , daughter of william sanders of ewel in surrey esq . after his education at school , he was sent to trinity colledge in cambridge , before he was quite . years of age , and indeed ( as he himself complains ) before he was ripe for the university . he had not stay'd there two years and a half , but his father dy'd ; and he was call'd home to assist his mother in the management of the family . afterwards , when he came into the world , and betook himself to writing , and the study of our laws , he found the want of university education ; and condoles his misfortune in that particular , in a letter to his friend mr. richard carew . contrary to a perswasion , very common now adays , that philosophy , oratory , poetry , and the other exercises which take up the first four years in our universities , are altogether foreign to the business of lawyers ; and that the study of them is so much loss of time , to gentlemen design'd for that honourable profession . after he had continu'd at home about a twelve-month , he was sent to study the law at lincoln's-inn ; either with a design to practise it , or ( which is more likely ) as a necessary accomplishment of an english gentleman . there he stay'd almost three years ; but was then unhappily remov'd , when we may imagine he began to relish the law , and in some measure to conquer the difficulties of it . many years after , we find him complaining of his hard fortune , in the preface to his glossary : and he concludes his complaint with a character of the common-law , which i will here transcribe for the honour of the profession . excussit me interea è clientela sua ( speaking of the law ) gratiae , potestatis , dignitatis , immensaeque apud nos largitrix opulentiae : illa ( inquam ) vestitu simplici & inculto , sed jurium omnium municipalium ( absit dictis invidia ) nobilissima domina ; omni utpote justitia , moderamine , prudentia , sublimique acumine ( temere licet eam perstrinxerit hottomannus ) refertissima . he was about twenty years of age ; and retiring into the countrey , married the eldest daughter and coheir of john le strange , a gentleman of an ancient family in norfolk . by this match , he became guardian to sir hamon le strange ; during whose minority , he liv'd at hunstanton , ( the seat of that family , ) and was high sheriff of norfolk . by degrees , he begun to be taken notice of , for his great prudence and abilities ▪ and was accordingly , three several times , sent by the king into ireland upon publick business . at home , he was appointed one of the commissioners to enquire into the oppression of exacted fees , in all the courts and offices of england , as well ecclesiastical as civil ; which a late author calls a noble examination and full of justice . to this business he gave his constant attendance for many years together , with great integrity and application ; and the government was so sensible of his good services , that the council procur'd his majesties writt of privy seal for l. to be presented to him ; not as a full recompence ( for so they declar'd ) but only as an occasional remembrance , till they should have an opportunity of doing something for him , that might be a more suitable consideration for his diligence , in that and other publick affairs . this attendance made him neglect his own private business , to the great prejudice of his family ; as he himself seems to complain , in his preface to the glossary . and his eldest son ( sir john spelman ) represented to the privy councel , how much his father's estate had suffer'd by it ; appealing ( for a proof of his great pains therein ) to the knowledge of several of their lordships , to the journals of that commission , and to his papers and collections relating to the same . i cannot give any particular account , of the other publick services wherein he was employ'd . he was knighted by k. james , who had a particular esteem for him , as well on account of his known capacity for business , as his great learning in many kinds ; more especially in the laws and antiquities of our nation . these , for a good part of his life , he seems to have study'd for the service of his prince , and his own diversion ; but not with an eye to any particular design . when he was about . years of age , he resolv'd to draw his affairs into as narrow a compass as might be ; with a full design to bestow the remainder of his time among books and learned men. with this resolution he sold his stock , let his estate , quitted the countrey , and settl'd in london with his wife and family . his next business was ( as he himself tells us ) to get together all such books and manuscripts , as concern'd the subject of antiquities , whether foreign or domestick : for in these enquiries he had ever had a particular delight ; and now being in a good measure free'd from the daily disturbances he was before exposed to , it was natural for him to fall into a study , to which his own genius had always led him . it is likely , he had then a good understanding of the laws and customs of the kingdom ; i mean the modern part of them , such as is commonly us'd in the ordinary practice of it . but such a general knowledge could not satisfie a mind so curious , and a judgement so solid , as his appears to have been , in all his writings . these inclin'd him to search into the reasons and foundations of the law , which he knew were not to be learnt , but from the customs and histories of our nation in all ages ; nor these usages to be trac'd out , but by a strict examination of the most ancient records and manuscripts . and as his own inclination led him to this enquiry ; so , not troubling himself with the practice of the law , but content to live quietly upon his own estate , he was perfectly at leasure to pursue it . and indeed ( as the best things in this world are attended with inconveniences ) it is very much to the disadvantage of the law , that those of the long robe , who are best qualified to improve the knowledge of it from original records , are so much taken up with the business of their profession , that they have little time to bestow upon those matters . as on the other hand , men who are born to leasure and estates , however inclinable they may be to the more polite parts of learning , do seldom care to engage in a study , which at first sight seems to be so rough and tedious . thus , the one wants leasure , and the other resolution ; and so the monuments of our fore-fathers being neglected , we are depriv'd of a great deal of useful knowledge ▪ that might be drawn from them . it was the happiness of sir henry spelman ( and much more , of the english nation ) that he had both time and inclination to do it ; i mean , to examine the ancient laws and monuments , not only of our own , but also of most other northern kingdoms . particularly , he was very well versed in the old feudal law ; and has shewn us in a discourse upon that head , how most of the tenures here in england , have their foundation from thence . this near relation between their customs and our constitutions , made him many times marvel , that my lord cooke adorning our law with so many flowers of antiquity and foreign learning , should not turn aside into this field , from whence so many roots of our law have of old been taken and transplanted . and i wish ( so he goes on ) some worthy lawyer would read them diligently , and shew the several heads , from whence these of ours are taken . they beyond the seas , are not only diligent , but very curious in this kind ; but we are all for profit , taking what we find at market , without enquiring from whence it came . with this honest freedom does he censure his own times . not but then ( as well as now ) the studies to which he directs , were pursu'd and encourag'd by persons of the highest stations in the law ; and some of them were so far concern'd for the improvement of ancient learning , that they form'd themselves into a society of antiquaries for that purpose : as we learn from sir henry's introduction to his law-terms . with this design of understanding the foundation of our laws , ecclesiastical as well as civil ; he read over the fathers , councils , and as many of the middle-age historians as he could meet with , whether foreign or domestick , printed or manuscript . the roughness of style could not be very pleasing ; but that which chiefly discourag'd him , was the great number of strange and obsolete words ; which are very hard to be understood , and yet oftentimes are so considerable , that the meaning of the whole sentence depends upon them . however , he went forward ; and where he met with any such word , set it down in it's proper order ; with a distinct reference to the place : till by degrees he had collected a variety of instances , and by comparing the several passages where the same word occurr'd , was able to give a tolerable conjecture at the true signification . after he had made a considerable collection of this kind , and observ'd how by this means the reading of the old historians became every day more easie and pleasant ; he begun to digest his materials ; and from the several quotations , to draw a judgement of the strict acceptation of each word , in the respective ages wherein it was used . for he consider'd , that what had been a discouragement to him , would be so to others too ; and that a work of this nature , would remove one of the greatest difficulties in the reading of our old historians . but tho' a number of instances gave him good satisfaction , as to the several words ; yet finding that many of our laws since the conquest are drawn from the constitution of the saxons , and that many obsolete terms in our latin historians must be of a pure saxon original ; he despair'd of ever accomplishing his design , for want of understanding that language . at least , he was certain , that the knowledge of it must needs lead him to a clearer interpretation of many obscure passages , and enable him ( throughout the whole work ) to deliver his opinion with a better assurance . this language , at that time , was not to be learnt without great difficulty : little assistance was to be expected from conversation , in a study which few people of that age ever minded . nor had he the directions either of grammar or dictionary ; as we at this day are accommodated with both , very accurate in their kind . however , he set heartily about it ; and tho' , i think , he never perfectly conquer'd it ; yet ( under so many inconveniencies ) it is a greater wonder that he should attain so good a knowledge , than that he should not make himself an absolute master of it . after he had made large collections , and got tolerable knowledge of the saxon tongue ; he resolv'd to go on with his undertaking : but because he would not depend altogether upon his own judgement , he printed a sheet or two for a specimen , whereby his friends might be able to give him their opinion of the design . he was encourag'd , on all hands by the most learned persons of that age ; at home by archbishop usher , bishop williams then lord keeper , mr. selden , and sir robert cotton ; abroad , by rigaltius , salmasius , piereschius , and others ; as also bignonius , meursius , and lindenbrogius , whose assistances he very gratefully acknowledges , in his preface to the work . upon their encouragement , he prepar'd part of it for the press , and offer'd the whole copy to mr. bill the king's printer . he was very moderate in his demands ; desiring only five pound , in consideration of his labour , and that too to be paid him in books . but mr. bill absolutely refus'd to meddle with it ; knowing it to be upon a subject out of the common road , and not likely to prove a saleable work . so that sir henry was forc'd to carry it on at his own charge ; and in the year . publisht the first part of it , to the end of the letter l. why he went no farther , i cannot tell ; nor has he so much as hinted to the cause of it , either in his preface , or any part of his works , that i know of . monsieur du fresne ( who very much laments that he should not publish the second part himself ) fancies that his design of compiling the english councils , might be the occasion of his breaking off in the middle of his glossary . but 't is not likely , that a person of sir henry spelman's settl'd temper and resolution , should leave one work imperfect , to make way for another . i have heard it affirm'd by others , that he stopped at the letter m. because he had said somethings under magna charta , and magnum consilium , that his friends were afraid might give offence . but i believe , the true reason was this : printing it at his own charge , he must have laid out a considerable summ upon the first part , and having a large family , there was no reason why he should venture as much more , without the prospect of a quicker return , than either the coldness of the bookseller , or the nature of the work gave him . it fell out accordingly ; for , eleven years after , the greatest part of the impression remain'd unsold ; till in . two of the london booksellers took it off his hands . and ( tho' he should afterwards have had encouragement to go forward ) that was not a time to speak freely , either of the king's prerogative or the liberties of the subject ; both which would upon many occasions fall in his way . besides , that the finishing the second part , with the same copiousness and accuracy as he had done the first , would have been too heavy a task for a man of his great age. the author has told us in an advertisement before the book , that he chose to entitle his work archaeologus , rather than glossarium , as we commonly call it . for a glossary , strictly speaking , is no more than a bare explication of words ; whereas this does more especially treat of things , and contains entire discourses and dissertations upon several of the heads therein mention'd . for which reason , it is not only to be consulted upon occasion , like our common lexicons ; but ought to be carefully perus'd and study'd , as the greatest treasure extant , of the ancient customs and constitutions of england . before the edition of . he has this remarkable dedication : deo , ecclesiae , literarum reipub. sub protestatione de addendo , retrahendo , corrigendo , poliendo , prout opus fuerit & consultius videbitur ; deo clementissime annuente , henricus spelmannus omni supplex humilitate d. d. i have therefore set it down at large , because in the editions of . and . they have thought fit to omit it : and i would not have the good man depriv'd of such a publick testimony of his modesty , and love for truth . about the year . sir william dugdale acquainted our author , that many learned men were very desirous to see the second part publisht ; and requested of him to gratifie the world with the work entire . upon that , he show'd him the second part ; as also the improvements that he had made upon the first : but withall told him , what great discouragements he had met with from the booksellers . so , for that time , the matter rested ; and upon the author's death , all the papers came into the hands of his eldest son sir john spelman ; a gentleman who had sufficient parts and abilities , to compleat what his father had begun , if death had not prevented him . after the restoration of king charles ii. arch-bishop sheldon and the lord chancellor hyde , enquir'd of sir william dugdale , what became of the second part of the glossary , or whether it was ever finisht . he told them that it was finisht by the author , and that the copy was in the hands of mr. charles spelman , grandson to sir henry . they desir'd , that it might by all means be printed , and that he would prevail upon mr. spelman to do it ; for the service of the publick and the honour of his grandfather . whereupon , having got a good number of subscriptions , the management of that whole affair was referr'd to sir william dugdale ; as well to treat with the booksellers , as to prepare the copy for the press . the share that sir william dugdale had , in the publication of this second part , has been made the ground of a suspicion , that he inserted many things of his own , that were not in sir henry spelman's copy ; and particularly , some passages which tend to the enlargement of the prerogative in opposition to the liberties of the subject . the objection has been rais'd on occasion of a controversie , about the antiquity of the commons in parliament ; the authority of sir henry being urg'd , to prove that there was no such thing as a house of commons till the time of henry iii. it is agreed on all hands , that this learned knight was a very competent judge of that controversie ; that as he had thoroughly study'd our constitution , so he always writ without partiality or prejudice ; that he was not engag'd in a party , nor had any other design but to publish the truth fairly and honestly , as he found it asserted by the best historians . upon these grounds , his opinion in matters of this nature , has ever been thought confiderable ; and his bare judgement will always be valu'd , when we can be sure that it is his own . and there can be no doubt , but his assertions under the title parlamentum ( upon which the controversie is rais'd ) are his own , and not an interpolation of sir william dugdale's . for the very copy from which it was printed , is in the bodleian library , in sir henry spelman's own hand ; and agrees exactly with the printed book : particularly , in the passages under dispute , they are the same , word for word . so far then as this copy goes ( for it ends at the word riota , ) it is a certain testimony , that sir william dugdale did no more than mark it for the printer , and transcribe here and there a loose paper . and tho' the rest of the copy was lost , before it came to the oxford library , and so we have not the same authority for the glossarie's being genuine , after the letter r ; yet it is not likely that sir william had any more share in the seven last letters of the alphabet , than he had in the others . for all the parts of such a work must be carry'd on at the same time ; and so , to be sure , the author left equal materials for the whole . the gentleman also , who is concern'd to prove the second part to be all genuine , has urg'd sir william dugdale's own authority for it ; and that too while he was living . then , i have seen a letter from sir william dugdale to mr. spelman , giving him an account of the great losses he had sustain'd by the fire of london , and the pains he had taken in the publication of the councils and glossary . as to the former , he expresly lays claim to the better half of it , as his own work and collection ; adding , that if the impression had not perisht , in all right and reason he ought to have had consideration for the same ; as also ( so he goes on ) for my pains in fitting the copy of the glossary for the printer , by marking it for the difference of letter , and introducing and transcribing those loose papers left by your grandfather , without fit directions where they should come in . this is all that he pretends to , in the glossary ; and if he had any further share in it , t is likely he would have insisted upon it , on this occasion ; to convince mr. spelman the more effectually of the good services he had done him in that business . i have been the more particular in this matter , because if it should appear in the main , that sir william had taken the liberty of adding or altering ; every single passage after would be lyable to suspicion , and the authority of the whole very much weaken'd . for tho' that worthy person was extremely well vers'd in our english affairs ; yet it must be own'd , that sir henry spelman was a better judge of our ancient customs and constitutions ; and consequently , whatever he delivers as his opinion , ought to be allow'd a proportionable authority . had he put his last hand to this second part , the glossary ( as it is now printed together ) would have made a much nobler work. but the latter part , in comparison of the other , is jejune and scanty ; and every one must see , that it is little more than a collection of materials , out of which he intended to compose such discourses , as he has all along given us in the first part , under the words that are most remarkable . it was my good fortune , among others of his papers , to meet with two of these dissertations , de marescallis angliae and de milite ; which are publisht among these remains for the present , and will be of use hereafter , in a new edition of the glossary ; as properly belonging to it , and originally design'd for it by the author . tho' it is not likely that he should lay aside his glossary , for the sake of the councils ; yet it is certain , that he enter'd upon this latter work , before the glossary was finisht . he was particularly encourag'd in it , by dr. george abbot and dr. william laud , successively arch-bishops of canterbury ; and above all , by the most learned primate of armagh , archbishop usher . and in his preface , he tells us that he was much confirm'd in his design , by what he had heard from dr. wren , first , bishop of norwich , and afterwards of ely. he told him , how dr. andrews ( the then late bishop of winchester ) had been reflecting with great concern , upon the diligence of the germans , french , italians , and other nations , in publishing the histories and decrees of their respective synods ; whilst the english ( who had a greater plenty of evidences both in ecclesiastical and civil affairs , than any of their neighbours ) had never so much as attempted such a publick service to their church , upon that occasion , the good bishop desired dr. wren , that for the credit of the kingdom and the honour of religion , he would think of such an undertaking ; and lest it should prove too tedious for any single hand , that he would draw to his assistance a convenient number of men , of sufficient learning and judgement for a work of that nature . upon this request , he promis'd to consider of it ; and had proceeded , but that the bishop excus'd him , upon an assurance , that sir henry spelman was engag'd in the same design . sir henry having been told this passage by the bishop of norwich , with great modesty express'd his concern , for taking the work out of much abler hands . but since it had hapen'd so , he did not any longer look upon it as a matter of choice , whether or no he should go forward ; but thought he was bound in justice to make the best satisfaction he was able , for depriving the church of the joint labours of so many learned men. he branch'd his undertaking into three parts ; assigning an entire volume to each division : . from the first plantation of christianity , to the coming in of the conqueror , in . d . from the norman conquest , till the casting off the pope's supremacy , and the dissolution of monasteries by king henry viii . d. the history of the reform'd english church , from henry viii . to his own time . the volume containing the first of these heads , was publisht in the year . ( about two years before his death ) with his own annotations upon the more difficult places . he confesses , that it would have been impossible for him to finish it , without the assistance of his own son and mr. jerem . stephens . of the former of these we have occasion to speak more at large , among sir henry's children : and also of the latter , upon occasion of some papers , that he left at his death , to the care of that learned gentleman . only , it may be proper to observe in this place , that arch-bishop laud procur'd for him a prebend in the church of lincoln , for his assisting in the publication of the first volume of the councils . and sir henry does , in effect , recommend to him the preparing the second and third ; as a person every way qualified to compleat the design . the author honestly tells us , ( that in such a confusion of thoughts and papers ) he had omitted the accounts of some synods , which he had ready by him : that he had receiv'd observations from many learned persons , after the press was gone too far to have them inserted : and that particularly the learned primate of armagh had communicated his animadversions upon the whole volume . i have seen , among his own papers , the remarks of salmasius and de laet ; but where the rest are to be met with , i cannot tell . out of these , the corrections and additions that he himself had made , he resolv'd to publish an appendix to the tome , but i suppose was prevented by death . however , to encline the reader to a favourable interpretation of the omissions or imperfections of his work ; he desires him to consider that most of his materials were to be fetch'd from manuscripts ; whereof indeed there were very great numbers , both in the universities and other parts of the kingdom ▪ but being neglected by the generality of scholars , they lay in confusion and were in a great measure useless , to his or any other design . at that time , this was a just and proper apologie ; but our age is much more curious in those matters . witness that noble catalogue of manuscripts which we daily expect from the oxford press , and a volume of the same kind intended by the university of cambridge . the second volume of the councils ( at the same time with the second part of the glossary ) was put into the hands of sir william dugdale , by the direction of arch-bishop sheldon and chancellor hyde . he made considerable additions to it out of the arch-bishop's registers and the cottonian library ; so that he affirms in a letter to mr. spelman , grandson to sir henry , that of the . sheets in that book , not above . were of his grandfather's collecting . and it appears from the original in the bodleian library , under the hands of sir henry spelman and sir william dugdale ; that the former had left little more towards the second volume , than hints and references where the councils were to be met with . it was publisht in the year . but with abundance of faults , occasion'd by the negligence either of the copier or corrector , or both . mr. somner , sensible of this , took great pains in collecting the printed copy with many of the original records ; correcting the errors in the margin of his own book . this is now in the library of the church of canterbury , and will be a good help towards a more accurate edition ; as well as those collections of mr. junius , in the possession of mr. jones of sunningwell . the truth is , we very much want a new edition ; the greatest part of the impression having been burnt in the fire of london ; so that the book is hardly to be met with , and ( uncorrect as it is ) has ever since bore an immoderate price . i know no work that would be a greater service to our church , than an entire history of all the councils before the reformation , ▪ for the account of 'em which we have already , is far from being entire ▪ with the addition of a third volume , to contain the publick affairs of our reform'd church . ( it is probable , that towards this last part , some assistance may be had from that manuscript of sir william dugdale's , entitl'd papers to be made use of for a third volume of the councils ; tho' i fear not so much as the title promises . ) the great discoveries of manuscripts ; the many observations that have been made by the learned bishop of worcester and others , upon the constitution of the british and saxon churches ; and the general approbation that the work must needs meet with ; are all of 'em very good encouragements to such an undertaking . next to his glossary and councils ; we are to give an account of that part of his works , wherein he asserts a due veneration to persons , places , and things , consecrated to the service of god. the first that he publisht of this kind , was his noted treatise de non temerandis ecclesiis ; printed at london in the ● . and afterwards at other places . it was written ( as the title informs us ) for the sake of a gentleman , who having an appropriate parsonage , employed the church to prophane uses , and left the parishioners uncertainly provided of divine service in a parish there adjoining . the two oxford editions came forth with a large preface by his son clement spelman , containing many things relating to impropriations , and several instances of the judgements of god upon sacriledge . the greatest part of these instances seems to be taken from his history and fate of sacriledge , a book still in manuscript . the gentleman , for whose sake it was written , dy'd immediately upon the publication of this book ; but however it did very good service to the church . this , mr. stephens has made appear , in a preface to some of his posthumous works ; wherein he instances in several gentlemen who were induc'd by the reading of this book , to restore their impropriations to the church . that part of the preface is since reprinted before an edition of this book which came out in the year . and therefore i shall not repeat the catalogue of them in this place . i will only beg leave to mention a more modern benefaction of this kind ; as it is set down in the late edition of camden's britannia . scarce two miles from arksey ( in the west-riding of york-shire ) lies adwick in the street , memorable on this account , that mrs. ann savill ( a virgin benefactor yet living ) daughter of john savill of medly esq purchased the rectory thereof , for which she gave about l. and has settl'd it in the hands of trustees for the use of the church for ever ; and this from a generous and pious principle upon the reading of sir henry spelman's noted treatise , de non temerandis ecclesiis . some reflections were made upon this discourse , by an unknown author ; who could not forgive sir henry for paying so much respect to churches , and particularly for applying the word ecclesia to a material church ; urging that this term belongs only to the assembly or congregation . this sir henry takes notice of in his glossary , under the title ecclesia , producing some instances of the use of that word in ancient authors : and afterwards honoured it with a fuller apology . it is publisht by mr. stephens , at the end of his larger work of tithes , ( so call'd with respect to the smaller treatise de non temerandis ecclesiis ; ) together with a pious epistle to mr. richard carew , who in a letter to the author had express'd his dissatisfaction in some particulars of this work. his next book upon this subject , is that which he calls the larger work of tithes ; publisht by mr. jerem. stephens in the year . with an excellent preface by the same hand . in this discourse , he asserts tithes to the clergy , from the laws of nature and of nations ; from the commands of god in the old and new testament ; and from the particular constitution of our own kingdom . another work , in vindication of the rights of the church , is still in manuscript , with this title ; the history and fate of sacriledge , discover'd by examples of scripture , of heathens , and of christians ; from the beginning of the world continually to this day , by sir henry spelman kt. anno domini . the account which the oxford antiquary gives us of it , is this : in the year . mr. stephens began to print the history of sacriledge , design'd and began by sir henry spelman , and left to mr. stephens to perfect and publish . but that work sticking long in the press , both the copy , and sheets printed off , perisht in the grand conflagration of london , . i have been told by a learned divine ▪ since , a prelate of our church , ) that mr. stephens was forbidden to proceed in an edition of that work , lest the publication of it should give offence to the nobility and gentry ▪ but , whatever was the occasion of its continuing in the press till the fire of london ; it has been taken for granted , that the whole book was irrecoverably lost : and i was satisfied of the same ▪ upon mr. wood's relation of the matter ; till examining some manuscripts which were given to the bodleian library by the late bishop of lincoln , i met with a transcript of some part of it . upon further enquiry , i found other parts , in other places : so that now the work seems to be pretty entire . he begins with a general definition of sacriledge ; then reckons up various kinds of it , as to places , persons , and things ; after which , he enumerates ( at large ) the many signal punishments of it among heathens , jews , and christians ; describing more particularly the instances of that kind , which have formerly happen'd in our nation . then , he proceeds to give an account of the attempt upon the lands of the clergy in henry the iv's . time , and how it was disappointed ; afterwards he descends to the suppression of priories-alien in the reign of henry v. and so on to the general dissolution under henry viii . here , he shows us the several steps of the dissolution ; the king 's express promise to employ the lands to the advancement of learning , religion , and relief of the poor ; with the remarkable calamities that ensu'd , upon the king , his posterity , his principal agents in that affair , the new owners of the lands , and the lords who promoted and passed the dissolution act : concluding with a chapter , which contains the particulars of divers monasteries in norfolk , whereof the late owners since the dissolution are extinct , or decay'd , or overthrown by misfortunes and grievous accidents . this is a short account of a large work : wherein the judicious author is far from affirming , that their being concern'd in this affair ( either as promoters of the alienation or possessors of the lands ) was directly the occasion of the calamities that ensu'd . on the contrary , he declares more than once , that he will not presume to judge of the secret methods of god's providence ; but only relates plain matters of fact , and leaves every man to make his own application . tho' it must be granted , that many of the instances ( and those well asserted ) are so terrible in the event , and in the circumstances so surprising ; that no considering man can well pass them over , without a serious reflection . this discourse might have appear'd among his other posthumous works ; but that some persons in the present age would be apt to interpret the mention of their predecessors ( in such a manner , and on such an occasion ) as an unpardonable reflection upon their families . these , i think , are all the treatises that he either wrote or publisht about the rights of the church . the next work that i shall mention , is a history of the civil affairs of the kingdom , from the conquest to magna charta , taken from our best historians , and generally set down in their own words . it is a manuscript in the bodleian library , and the title which sir henry has given it , is this : codex legum veterum & statutorum regni angliae , quae ab ingressu gulielmi , usque ad annum nonum henrici tertii edita sunt ; hoc est , ante primum statutum omnium impressorum in libris juridicis , quod magna charta appellatur , ab edwardo i. confirmata . e variis monimentis , authoribus , manuscriptis , & antiquis paginis concinnatum . opere & studio henrici spelman collecta . anno dom. . with the imprimatur of sir john bramston , july . . many instruments in this collection , are printed in the second volume of his councils ; and it might be much improv'd from some historians that have been publisht since his time . in the year . there came out a discourse de sepultura , by sir henry spelman , concerning the fees for burials . 't is likely , that it was compos'd on occasion of his being one of the commissioners for regulating the fees , in our civil and ecclesiastical courts . the treatise consists of five sheets in to . so that i wonder why j. a. in his preface to the glossary , should tell us that is was no more than two leaves . his latin treatise entitled aspilogia was next publish'd ( with notes ) by sir edw. bish anno . in folio . in this ( tho' it was one of his first pieces ) he discourses with great variety of learning concerning the original and different kinds of those marks of honour , since call'd arms. he also drew up a scheme of the abbreviations and such other obsolete forms of writing , as occur in our old manuscripts ; to facilitate the reading of ancient books and records . there are several copies of it in manuscript ; as , one in the bodleian library ; another in the library of the late dr. plot ; a third in the possession of mr. worsley of lincolns-inn ; and 't is probable , there may be more of ▪ em abroad in other hands . two other things he was concern'd in ; which i shall but just mention . the villare anglicum , or a view of the towns in england , ( publisht in the year . ) was collected by the appointment , at the charge , and for the use of that worthy antiquary sir henry spelman . and mr. speed , in his description of great britain , acknowledges that he receiv'd the account of norfolk from the same learned knight . as for his posthumous works which are publisht together on this occasion , i shall give a more particular account of 'em in the preface ; and in this place shall only add an instance or two , of his encouragement to learning and learned men. it was he , who first advis'd dr. wats to the study of antiquities , and when he had arriv'd to a good skill in those matters , put him upon a new edition of matthew paris . the doctor , in the preface to that excellent work , makes this grateful mention of his friend , and patron : tertium manuscriptum accommodavit nobilis ille doctissimusque dominus henricus spelmannus eques auratus , eruditionis reconditioris , judicii acerrimi vir , nostrae britanniae lumen gloriaque ; amicus insupermeus singularis , in studiis adjutor praecipuus ; & qui me primus ad antiquitates eruendas tam verbo quam exemplo aliquoties stimulavit erudivitque . he was likewise a great favourer of sir william dugdale ; who had been recommended to him by sir simon archer , a gentleman of warwickshire , very well versed in heraldry , and the affairs of our own nation . at that time , mr. dodsworth ( who was much assisted and encouraged by sir henry spelman ) had got together a vast collection of records , relating to the foundation of monasteries in the northern parts of england . sir henry thought that these might be very well improv'd into a monasticon anglicanum ; and lest the design should miscarry by mr. dodsworth's death , he prevail'd upon mr. dugdale to join him in so commendable a work ; promising to communicate all his transcripts of foundation charters , belonging to several monasteries in norfolk and suffolk . for his further encouragement , he recommended him to thomas earl of arundel , then earl marshal of england , as a person very well qualify'd to serve the king in the office of arms. accordingly , upon his character of him ( seconded by the importunity of sir christopher hatton ) he was settl'd in the heralds-office ; which gave him an opportunity to fix in london , and from the many assistances there , to compile the laborious volumes which he afterwards publisht . his revival of the old saxon tongue , ought to be reckon'd a good piece of service to the study of antiquities . he had found the excellent use of that language in the whole course of his studies ; and very much lamented the neglect of it , both at home and abroad : which was so general , that he did not then know one man in the world , who perfectly knew it . paulatim ( says he ) ita exhalavit animam , nobile illud majorum nostrorum & pervetustum idioma ; ut in universo ( quod sciam ) orbe , ne unus hodie reperiatur ; qui hoc scite perfecteve calleat ; pauci quidem , qui vel exoletas literas usquequaque noverint . hereupon he settl'd a saxon lecture in the university of cambridge , allowing l. per an. to mr. abraham wheelock ; who tells us , that upon his advice and encouragement , he spent the best part of seven years in the study of that language : magnam septennii quod effluxit partem consumpsi saxonum nostrorum inquirendo monumenta , eorumque vetus idioma ( veritatis & pacis catholicae magistram ) perquirendo ; ne nobilissimi viri & in his studiis monitoris mei honoratissimi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d. henrici spelmanni , antiquitatum nostrae gentis instauratoris eximii , consilio defuissem . this stipend was intended to be made perpetual ; but both he and his eldest son dying in the compass of two years , the civil wars breaking forth , and the estate being sequester'd ; the family became uncapable of accomplishing that design . nor indeed was that a time for settlements of this kind , when such a terrible storm threatn'd the universities and the revenues that belong'd to ' em . after he came into business , he was intimately acquainted with the most considerable persons of that age. he calls mr. camden , his ancient friend ; and how entire a familiarity there was between him and arch-bishop usher , we are inform'd from the life and letters of that learned primate . to these i might add sir rob. cotton , mr. selden , olaus wormius ; with peireschius , meursius , beignonius , and others of great note both at home and abroad , whom he himself occasionally mentions , as the chief encouragers of his glossary . upon the whole matter ; as his loyalty , wisdom , and experience in publick affairs , would sufficiently recommend him to the great states-men of his time ; so his eminent piety and learning must needs make him highly esteem'd among divines and scholars . he had eight children , four sons and four daughters . his eldest son ( the heir of his studies , as he calls him ) was john spelman esq a scholar and a gentleman ; who had great assurances of favour and encouragement from king charles i. this good prince sent for sir henry spelman , and offer'd him the mastership of suttons hospital , with some other things , in consideration of his good services both to church and state. but after his humble thanks to his majesty , he told him , that he was very old and had one foot in the grave ; and that it would be a much greater obligation upon him , if his majesty would please to consider his son. accordingly , the king sent for mr. spelman ; and with many expressions of kindness , immediately conferr'd on him the honour of knighthood . after the civil wars broke out , his majesty , by a letter under his own hand , commanded him from his own house in norfolk , to give his attendance at oxford ; where he was oftentimes call'd to private councel , and employ'd to write several papers in vindication of the proceedings of the court. but while he was thus attending the affairs of the publick , and ▪ when these would give him leave ) his own private studies ; he fell sick , and died the . of july , . his funeral sermon , by his majestie 's special order , was preached by arch-bishop usher ; an intimate acquaintance both of the father and son. in the year . he had publisht the saxon psalter from an ancient ms. of sir henry's ; which ( as he tells us in the preface ) was a task enjoyn'd him by his father . he also wrote the life of king alfred in english ; which having layn several years in manuscript , was at last translated into latin , and publisht in . with mr. walker's commentary upon it . clement spelman ( youngest son to sir henry ) was a councellor , and made puny baron of the exchequer , upon the restoration of king charles ii. he publisht some peices relating to the government , and a large preface to his father's book de non temerandis ecclesiis . dying in june . he was buried in st. dunstan's church in fleet-street . to return to sir henry : he dy'd in london , at the house of sir ralph whitfeild his son-in-law ; being about . years of age. his body , by the favour of king charles , was appointed to be inter'd in westminster-abbey ; whither it was carried with great solemnity , on the th . of october , . and buried at the foot of the pillar over against mr. camden's monument . the several discourses contain'd in this volume . . the original , growth , propagation and condition of feuds and tenures by knight-service , in england , pag. . chap. i. the occasion of this discourse , and what a feud is , p. . chap. ii. the original , growth , and propagation of feuds : first in general , then in england , p. . chap. iii. that none of our feodal words , nor words of tenure , are found in any law or ancient charter of the saxons , p. . chap. iv. of tenures in capite , more particularly , p. . chap. v. what degrees and distinctions of persons were among the saxons , and of what coudition their lands were , p. . chap. vi. of earls among our saxons , p. . chap. vii . of ceorls ; and that they were ordinarily but as tenants at will ; or having lands , held not by knight-service , p. . chap. viii . of thanes , and their several kinds , p. . chap. ix . charters of thane-lands granted by saxon kings , not only without mention of tenure or feodal-service , but with all immunity , except expedition , &c. p. . chap. x. observations upon the precedent charters , shewing that the thane-lands or expedition were not feodal , or did lye in tenure , p. . chap. xi . more touching the freedom of thane-land out of doomsday , p. . chap. xii . the fruits of feodal tenures ; and that they were not found among the saxons , or not after our manner , p. . chap. xiii . no profit of land by wardship in the saxons time , p. . chap. xiv . no wardship in england amongst the saxons : objections answer'd , p. . caap. xv. no marriage of wards , p. . chap. xvi . no livery ; no primer-seisin , p. . chap. xvii . that reliefs ( whereon the report most relyeth ) were not in use among the saxons ; nor like their heriots , p. . chap. xviii . difference between heriots and reliefs , p. . chap. xix . no fines for licence of alienation , p. . chap. xx. no feodal homage among the saxons , p. . chap. xxi . what manner of fealty among the saxons , p. . chap. xxii . no escuage among the saxons : what in the empire , p. . chap. xxiii . no feodal escheate of hereditary lands among the saxons , p. . chap. xxiv . thaneland and reveland what : no marks of tenure , but distinctions of land-holders , p. . chap. xxv . how the saxons held their lands ; and what obliged them to so many kinds of services , p. . chap. xxvi . the charter whereby oswald bishop of worcester , disposed divers lands of his church after the feodal manner of that time , entituled , indiculum libertatis de oswalds-laws-hundred , p. . chap. xxvii . inducements to the conclusion , p. . chap. xxviii . the conclusion , p. . ii. of the ancient government of england , p. . iii. of parliaments , p. . iv. the original of the four terms of the year , p. . the occasion of this discourse , p. . sect . i. of the terms in general , p. . sect . ii. of the names of terms , ibid. sect . iii. of the original of terms or law-days , p. ▪ sect . iv. of the times assigned to law-matters , call'd the terms , ibid. chap. i. of law-days among the ancients , p. . chap. ii. of law-days amongst the romans , using choice days , p. . chap. iii. of law-days among the first christians , using all times alike , p. . chap. iv. how sunday came to be exempted , p. . chap. v. how other festival and vacation-days were exempted , ibid. chap. vi. that our terms took their original from the canon-law , p. . chap. vii . the constitution of our saxon kings in this matter , ibid. chap. viii . the constitution of canutus , more particular , p. . chap. ix . the constitution of edw. the confessor , most material , p. . chap. x. the constitution of william the conqueror , p. . chap. xi . what done by will. rufus , henry i. k. stephen , and hen. ii. p. . chap. xii . the terms laid out according to their ancient laws , p. . chap. xiii . easter-term , p. . chap. xiv . trinity-term , p. . chap. xv. of michaelmass-term , according to the ancient constitutions , p. . chap. xvi . the later constitutions of the terms , p. . chap. xvii . how trinity term was alter'd and shortn'd , p. . chap. xviii . [ how michaelmass-term was abbreviated by act of parliament , . car. i. cap. . ] p. . sect . v. other considerations concerning term-time , ibid. chap. i. why the high-courts sit not in the afternoons , p. . chap. ii. why they sit not at all some days , p. . chap. iii. why some law business may be done on days exempted , p. . chap. iv. why the end of michaelmass-term is sometimes holden in advent , and of hilary in septuagesima , &c. p. . chap. v. why assizes be holden in lent , ibid. chap. vi. of the returns , p. . chap. vii . of the quarta dies post , p. . chap. viii . why there is so much canon and foreign law us'd in this discourse ; with an excursion into the original of our laws , p. . appendix , p. . v. an apologie for arch-bishop abbot , touching the death of peter hawkins the keeper , wounded in the park at bramsil , july . . p. . vi. an answer to the said apologie , p. . vii . letters and instruments relating to the killing of hawkins , by the a. b. p. . viii . of the original of testaments and wills , and of their probate , to whom it it anciently belong'd , p. . ix . icenia , sive norfolciae descriptio topographica , p. . x. catalogus comitum marescallorum angliae , p. . xi . dissertatio de milite , p. . de aetate militari , p. . de evocatis ad militiam suscipiendam , p. . de modo ●reandi militem honoratum ; & primo de cingulo militari , p. . qui olim fiebant milites , p. . qui possint militem facere , p. . judices etiam sub appellatione militum censeri ; scil . equ . esse palatinos , p. . de loco & tempore creationis , p. . de censu militari , p. . modus exauctorandi militem , quod degradare nuncupatur . xii . historia familiae de sharnburn , p. . xiii . familiae extraneorum ( sive lestrange ) accurata descriptio , p. . xiv . a dialogue concerning the coin of the kingdom ; particularly , what great treasures were exhausted from england , by the usurpt supremacy of rome , p. . xv. a catalogue of the places or dwellings of the arch-bishops and bishops of this realm ( now or of former times ) in which their several owners have ordinary jurisdiction , as if parcel of their diocess , tho' they be situate within the precinct of another bishop's diocess , p. . the original , growth , propagation and condition of feuds and tenures by knight-service , in england . chap. i. the occasion of this discourse , and what a feud is . in the great case of tenures , upon the commission of defective titles , argued by all the judges of ireland , and published after their resolution by the commandment of the lord deputy , this year . it fell out upon the fourth point of the case to be affirmed , that tenures had their original in england before the norman conquest : and in pursuit of this assertion it was concluded , that feuds were then and there in use . in proof hereof divers laws and charters of the saxon kings , and some other authorities be there alledged , which being conceived to have clear'd that point , it thus followeth in the report , p. . and therefore it was said that sir henry spelman was mistaken , who in his glossary ( verbo feodum ) refers the original of feuds in england to the norman conquest . and for a corollary ( p. . ) addeth these words : neither is the bare conjecture of sir henry spelman sufficient to take away the force of these laws . vide spelman in glossar . verbo feodum . being thus by way of voucher made a chief antagonist to the reverend opinion of these learned , grave , and honour'd judges , i humbly desire of them , that writing what i did so long ago , and in a transitory passage among a thousand other obscure words ( not thinking then to be provok'd to this account ) they will be pleas'd to pardon my mistakings where they fall , and to hear without offence , what motives led me to my conjectures which they speak of . it is necessary therefore , that first of all we make the question certain , which ( in my understanding ) is not done in the report . for it is not declared whether there were divers kinds of feuds or no ; nor what kind they were that were in use among the saxons : nor what kind those were that i conjectured to be brought in by the norman conqueror . i will therefore follow the direction of the orator , and fix the question upon the definition . a feud is said to be vsus fruct●s quidam rei immobilis sub conditione fidei . but this definition is of too large extent for such kind of feuds as our question must consist upon : for it includeth two members or species greatly differing one from the other , the one temporary and revocable , ( as those at will or for years , li●e or lives ) the other hereditary and perpetual . as for temporary ●eu●s , which ( like wild fig-trees ) could yield none of the feodal fruits of wardship , marriage , relief , &c. unto their lords , they belong nothing unto our argument , nor shall i make other use in setting of them forth , than to assure the reader they are not those that our laws take notice of . to come therefore to our proper scheme , let us see what that hereditary feud is , whereupon our question must be fixed : for none but this can bear the feodal fruits we speak of , wardship , marriage , &c. a feud is a right which the vassal hath in land , or some immoveable thing of his lord's , to use the same and take the profits thereof hereditarily : rendring unto his lord such feodal duties and services as belong to military tenure : the meer propriety of the soil always remaining unto the lord. i call it as the feudists do , jus utendi praedio alieno ; a right to use another mans land , not a property in it ; for in true feodal speech the tenant or vassal hath nothing in the propriety of the soil it self , but it remaineth intirely unto the lord , and is comprehended under the usual name which we now give it of the seignory . so that the seignory and the feud being joyned together , seem to make that absolute and compleat estate of inheritance , which the feudists in time of old called allodium . but this kind of feud ( we speak of ) and no other , is that only whereof our law taketh notice , though time hath somewhat varied it from the first institution , by drawing the propriety of the soil from the lord unto the tenant . and i both conceive and affirm under correction , that this our kind of feuds being perpetual and hereditary , and subject to wardship , marriage , and relief , with other feodal services , were not in use among our saxons ; nor our law of tenures ( whereon they depend ) once known unto them . as shall appear by that which hereafter followeth . chap. ii. the original , growth , and propagation of feuds : first in general , then in england . before i enter into the question in hand , it will be necessary for better understanding that which followeth , to set forth the original , growth , propagation , and condition of feuds in general : which i conceive to be thus . there were no doubt from the beginning of jus gentium , lords and servants ; and those servants of two sorts . some to attend and guard the person of their lord upon all occasions in war and peace . some to manure his lands for the sustenance of him and his family . when private families were drawn into a kingdom , the kings themselves held this distribution . examples hereof are in all nations . king david well observ'd it in the institution of the kingdom of israel : where , if such services have any shew of feuds or tenures , we have a pattern for them all : viz. for that of francalmoine in the levites : for knight-service , tenure in capite , and grand serjeanty in the military men , which serv'd the king personally by monthly courses : for socage , in those whom david appointed to manure the fields , dress the vineyards , the olive-trees , the mulberry-trees , and that had the care of the oyl , of the oxen , of the camels , asses , sheep , &c. for the lands and portion of the levites was given to do the service of the tabernacle ; the lands of the other tribes , to fight the battels of the lord against his idolatrous enemies , and to root them out . thus may fancy couple the remotest things . to come lower down and nearer home , pausanias tell 's us , that when brennus ( who they say was a britain ) invaded greece with an army of gauls ; every horseman of the better sort , had two other horsemen to attend and second him ( as his vassals ) and they three together were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 trimarcesiam , i. e. a society of three horsemen . but caesar saith , that the nobler gauls in his time , had ( according to their abilities ) many horsemen attending them in war , whom by a german word he calleth ambactos , which properly signifieth servants , vassals , workmen , and labourers ; yet he by a fairer name expoundeth it there in latin clientes , and in another place calleth them among the germans comites & familiares , as accounting them ( like abraham's . souldiers ) to be all their lord's followers and of his family . tacitus likewise nameth them comites , as companions and followers ; quod bello sequi dominum coguntur , saith cujacius . but tacitus further saith , gradus quinetiam ipse comitatus habet judicio ejus quem sectantur ; that there were degrees in those companies , as he whom they followed did appoint . like them , perhaps , in after-ages of earls , barons , knights , &c. but how the comites or ambacti were maintained , neither caesar nor yet tacitus have related . as for such portions of land , as we call knights-fees , they could not then have any ; for caesar speaking of the germans saith , ( and so it appears by tacitus ) neque quisque agri modum certum , aut fines proprios habet , &c. that no man hath any certain estate or peculiar bounds of lands ; but the magistrate and lords ( of the place ) assign from year to year to kindreds and such as live together , what quantity of land , and in what place they think good ; and the next year force them to remove . the reason you may see in caesar , who also sheweth , that they had no common magistrate ; but the lord of the town or territorie set what laws he would among his followers or ambactos . these laws , the goths , the swedes , the danes , and saxons , called bilagines ; of by , which in all these languages signifieth a town , and lagh or laghen which signifieth laws , as gravius suecus , and our saxon authors testifie . and tho' jornandes a spanish goth writeth it after the spanish corruption bellagine● , yet we in england keep the very radix and word it self by-laws even unto this day , tho' diverted somewhat from the sense that caesar speaks of . for we call them town-laws or by-laws which the townsmen make among themselves ; but caesar sheweth that the lords imposed them . herewith agreeth , that of tacitus , or some other ancient , who speaking of the germans saith , agricolis suis jus dicunt , they give laws to them which dwell upon their lands . for i take agricolis here in the larger sense , to extend to all that dwell upon the lord's lands ( as well his military followers as his husbandmen ) in the same manner as solicolae containeth all that live upon the soil , ruricolae all that live in the country , and coelicolae all that live in heaven . these lordships of towns , which caesar speaketh of , were after by the normans called maneria . the ambacti or comites , and these which he saith sectabantur dominos suos , were called vassalli , and sectatores manerii sive curiae domini vassals and suiters of court. the bilagines or town-laws were called consuetudines and customs of the mannor . the jurisdiction , which the lord had over his followers and suiters , was called the court baron , and the portions of land , &c. assigned to his followers for their stipend or maintenance , were at first called munera , after beneficia ; and lastly feuda or tenant-lands , which were of two sorts , one for military men called feudum militare and feudum nobile , tenure by knights-service ; the other for husbandmen call'd therefore feudum rusticum & ignobile , tenure in socage , or by the plough . thus it appeareth that feuds and tenures and the feudal law it self , took their original from the germans and northern nations . in such condition therefore ( how obscure soever ) as caesar and tacitus left them to us , gerardus niger the consul of milan ( who flourished about a. d. . and first composed them into a book ) taketh them up as he there findeth them , and speaking of the times of caesar and tacitus ( as having the forementioned passages under his eye ) saith , antiquissimo tempore sic erat in dominorum potestate connexum , ut quando vellent , possent auferre rem in feudum à se datam . and this agreeth with caesar , by whom it seemeth in the places before mentioned , that the ambacti or followers of the germans had in those times either no land at all , or no estate at all in their land , or first but at the will of the lord , and then but for one single year . which gerardus also confesseth to have been the condition of the eldest sort of feudataries , for he saith presently after his former words , postea vero eo ventum est , ut per annum tantum stabilitatem haberent ( res in feudum datae ) . thus for another while their feudal vassals ( whom here he calleth fideles , and we now tenants by knights-service ) enjoyed their feuds no otherwise than from year to year at the pleasure of their lords , either by grant or sufferance , till further grace confirmed them to them for divers years , and at length for term of life , which gerardus also presently there declareth , saying , deinde statutum est ut usque ad vitam fidelis producerentur ( feuda . ) in this manner stood the principal feuds themselves , even those of earldoms and dukedoms ( which they call feuda majora and feuda regalia ) in the latter time of the saxons , till the coming of the conquerour . but as touching the lesser feuds which we call knights-fees , i find nothing in abby-books , otherwise than a numerous multitude of leases and grants made by bishops and abbats to their followers for term of life , without mention of tenure or feudal service . yet i must confess that there is a notable precedent left us by oswald bishop of worcester in the time of king edgar , who in granting out the lands of his bishoprick unto his followers , for life or three lives , imposed upon them by a solemn instrument , ratified by the king himself , a multitude of services and charges , as well military as civil : which after you shall here see , and then consider how and whether they conduce to our feuds or not . if we understand them to be feuds among the saxons or of that nature , then are we sure they were no more than for life , and not inheritable nor stretching further , without further grace obtained from the lord. for which purpose conradus salicus ( a french emperour , but of german descent ) going to rome about fourty five years before the time of our king edgar ( viz. sub an. dom. . ) to fetch his crown from pope john x. made a constitution upon the petition of his souldiers : that filii or aviatici , the sons , or if no sons were living the nephews or grandsons ( as they call them ) of some of them , should succeed in the feud of their father . ( see the constitution in the beginning of the fifth book of feuds . ) but gerardus noteth that this law settled not the feud upon the eldest son , or any other son of the feudatarie particularly ; but left it in the lord's election to please himself with which of them he would . after this , feuds were continued in divers places by several increments to the third , fourth , fifth , sixth and seventh generation , and sometime ( for want of lineal issue ) collaterally to the brother , as gerardus testifieth ; but whether by some positive law , or by the munificence of the lords , he doth not tell us ; nor when or by whom they were made perpetual and hereditary ; tho' he confesseth , that at last they grew to be extended in infinitum , and then they began to be settled upon the eldest son , who formerly had no preheminence above a younger brother . but while they stood sometimes produced in this manner by the indulgence of princes , to the third , fourth , or fifth generation , &c. some men of learning have concluded them to be hereditary , as tho' there were no medium between a limitation ( how far so ever extended ) and infinitum . to pass by that ; let us now go on in examination , when and how feuds became hereditary . some suggest a shew of such a matter under the two othones , german emperours ( who succeeded one the other about the year . ) but to rest upon the common and received opinion ( which we shall hereafter more at large declare , ) the truth is , that when hugh capet usurped the kingdom of france againgst the carolinges , he to fortifie himself , and to draw all the nobility of france to support his faction about the year . granted to them in the year . that whereas till then they enjoyed their feuds and honors but for life or at pleasure of their princes ; they should from thenceforth for ever hold them to them , and their heirs , in feudal manner by the ceremony of homage , and oath of fealty : and that he would accordingly maintain them therein , as they supported him and his heirs in the crown of france ; which they joyfully accepted . this was a fair direction for william of normandy ( whom we call the conquerour ) how to secure himself of this his new acquired kingdom of england ; and he pretermitted not to take the advantage of it . for with as great diligence as providence , he presently transfer'd his country-customs into england ( as the black book of the chequer witnesseth ) and amongst them ( as after shall be made perspicuous ) this new french custom of making feuds hereditary , not regarding the former use of our saxon ancestors ; who , like all other nations , save the french , continued till that time their feuds and tenures , either arbitrary or in some definite limitation , according to the ancient manner of the germans , receiv'd generally throughout europe . for by the multitude of their colonies and transmigrations into all the chiefest parts thereof , they carried with them such feodal rights , as were then in use amongst them ; and planting those rites and customs in those several countries where they settled themselves , did by that means make all those several countries to hold a general conformitie in their feuds and military customs . so by the longobards they were carried into italy , by the saliques into the eastern parts of france , by the franks into the west part thereof , by the saxons into this our britain , by their neighbours the western goths ( who communicated with the germans in manners , laws , and customs , ) into spain ; and by the eastern goths into greece it self , and the eastern parts of europe , &c. these ( i say ) carried with them into the parts of europe , where they settled , such ancient feudal customs , as at the time of their transmigration were in use among them . but the more prevalent and more generally receiv'd customs , were those that were in use or taken up in the time of conradus the emperour , and when feuds became hereditary ; for on them especially is the feudal law grounded and composed , tho' enlarg'd oftentimes by constitutions of the emperours , and spread abroad into divers nations by their example , countenance , or authority . wherein the court of milan was chiefly followed in rebus judicatis ( as appeareth by duarenus and merula ; ) but reserving unto every nation their peculiar rights and customs . for it was generally received into every kingdom , and then conceived to be the most absolute law for supporting the royal estate , preserving union , confirming peace , and suppressing robberies , incendiaries , and rebellions . i conclude with cujacius , who upon the above-cited passages of gerardus niger , saith , quam aliam feudorum originem quaerimus ? his veluti incrementis paulatim feuda constituta sunt ; quae & post conradum usus recepit , ut transirent ad liberos mares in infinitum , &c. the military and lay-feuds being thus advanced from an arbitrary condition to become perpetual and hereditary , did now in ordinary account leave their former name of beneficia ( which were only temporary for years , or life ) unto the livings of the clergy , and retained to themselves the proper name of feuds , whereby they were produced to be perpetual and hereditary . cujacius therefore speaking of them both , saith , feudum differt a beneficio , quod hoc temporaneum fuit , illud perpetuum . and treating in another place of these beneficiarii and temporarii possessores , he saith further , iisdem postea c●pit concedi feudum in perpetuum , quod est verum , & proprium feudum . concluding in a third place , that propria feudi natura haec est , ut sit perpetua . so that cassineus in the feuds of burgundy saith , that omne feudum quocunque modo acquisitum fit haereditarium , cum successione sit redactum ad instar allodialium : that all feuds by what means soever they be acquired , are made hereditary ; in so much as by the continual succession of the children into the feuds of their fathers , the feuds are now brought to be like allodial or patrimonial inheritances . thus feudum ( which at first was but a tottering possession , ad voluntatem domini ) growing at length to be an irrevocable estate , descending by many successions from son to son , became at last to be an absolute inheritance , and thereupon the words themselves feudum and haereditas in common use of speech ( quem penes arbitrium est & jus & norma loquendi ) to be voces convertibiles , and by a fair metonymia each to signifie other . for as horace further saith , — verborum vetus interit aetas , et juvenum ritu florent modo nata vigentque . aptly therefore and truly is it said by the ever honoured justice littleton , that feodum idem est quod haereditas ; and the captious criticism of sir thomas smith ( dr. of the civil law ) in denying it , is to his own reproach : for his great master cujacius ( as before appeareth ) supporteth littleton ; and his fellow civilians do tell him , quod in feudis particularis & localis consuetudo attendenda est . and littleton received it as used in this signification from the eldest writers of our law. of the like indiscretion is that of dr. cowell , who carpeth at this ancient phrase used in the formulis of our pleading , where it is ordinarily said , rex seisitus fuit in dominico suo ut de feodo , as tho de feodo was there to be understood according to the court of milan , for praedium militare superiori domino & servitiis obnoxium ; not by the laws of england , pro directo dominio vel haereditate pura & absoluta . to conclude therefore . it appeareth by this passage of justice littleton's , joyned to that we have formerly delivered , that our law took no notice of feuds till they were become hereditary with us ; which being since the conquest ( as we have already shewed , and shall prove abundantly hereafter ) overthroweth all the arguments in the report produced for proving our feodal rites of tenure , wardship , marriage , relief , &c. to have been in use among the saxons ; for till they were hereditary , these appendances could not belong to them . it is also very improbable that feuds were made hereditary here in england before other countries ; or that the more civil nations of europe , should take example herein from our rude ( if not illiterate ) saxons . chap. iii. that none of our feodal words , nor words of tenure , are found in any law or ancient charter of the saxons . it appeareth by that which hath been said , that our modern kind of feuds could not be in use among our english saxons . and it will now be a question , whether any of our modern tenures ( or which of them ) were then in use , or not ? the report saith , it is most manifest that capite-tenures , tenures by knight-service , tenure in socage , frank-almoign , &c. were frequent in the time of the saxons . i desire that without offence , i may examine this that is so manifest , and so frequent . i confess there be many specious shews of knight-service and socage among our saxon ancestors ; but whether by way of tenure , contract , or de more gentium , must be well examined . for the romans and other nations had formerly as great command over their followers , and such as dwelt upon their lands , as our saxons had , yet was it without any rule or speech of tenure . the word tenura is neither known nor found in any latin author of antiquity , nor any conjugate thereof ( as tenentes , tenementa , tenere or tenendum ) in a feodal sense . the first place where i meet with tenere in that manner , is amongst the saliques and germans , in the constitution before mentioned of conradus the emperour , about the year , when beneficia ( which we now call feuds ) were first continued to some of the sons and grand-children of the male line of them that then enjoyed them . but i find not one of those words or any consignificant or equivalent to them , in all our saxon-laws . the word feodum , feud or fee it self , is never mentioned in them , nor is there any sound of tenure in capite , tenure by knight-service , tenure in socage , frank-almoign , &c. either in our saxon laws or in the laws of any other nation ( that i can find ) till the time that feuds began to be perpetual or hereditary ( as before is mentioned . ) it is true that in some latin charters of the saxon time , we now and then find the words tenere , tenementum , and tenendum : and in a charter of beorredus king of the mercians dated anno . the words de eodem seodo , ( as tho' lordships at that time had been distributed into feuds ; ) which being reported by ingulfus a saxon , giveth great probability that feuds were then in use . but it is to be noted , that these charters are ( as i said ) in latin and not in saxon ; and therefore not likely to be the very originals , but translations of them made after the conquest for the instruction of the normans , either by ingulf himself , or some other expert in the norman language , laws , and customs . who applying himself to the understanding of the normans , used norman words , and such interpretation as they were best acquainted with , tho' differing from the propriety of the saxon tongue ; and so perhaps translated de eodem f●odo for de eodem territorio or patrimonio ; and tenentes , tenementa and tenendum , for possidentes , possessiones and possidendum . not unlike our translators of the holy scriptures , who tell us of the arms of families , chancellors , sheriffs , recorders , townclerks , doctors of law , homage done to solomon , and of the arraignment of our blessed saviour ; as tho' the jewish and asiatick nations had in those days of old , their college of heralds , the same magistrates , officers , degrees in school , customs of law , pleas of the crown , and form of government , which we in england have at this day . by such allusions i suppose ( or illusions rather ) came our later feodal words into ancient latin charters . i desire to see but one charter in the saxon tongue before the conquest , wherein any feodal word is apparently expressed . a saxon chronicle telleth us , that king alfred in the year . gave london to ethelred ( an earl or alderman that married his daughter ethelfled ) to healdo , that is ad tenendum , which some understand feodally as to hold it of him ; but wigorniensis reports the matter plainly ad servandum , that is , to keep and defend it . so among the customs of kent , the word healder ( i. e. holder ) is used for a tenant in the saxon distich there cited . but it is to be noted , that those customs were collected long after the conquest , and therefore written in the norman tongue , not in the saxon ; and that the distich it self is not of the ancient saxon , but of a puisne dialect used vulgarly since the conquest . but because the charter of beorredus ( produced by my self against my self ) is more material for proof of feuds among the saxons , than all that is alledged to that purpose in the report ; first , in respect of the antiquity thereof ; then for that it nameth the word feodo expresly ; and thirdly , for that it declareth certain lands to be de eodem feodo , as if there were many other feods then in use : give me leave ( i beseech you ) to examine this charter yet more largely and particularly . it is therefore to be understood , that the elder saxons made their ordinary conveyance of lands , &c. without deed or writing , by delivery of a turff or spear , a staff , an arrow , or some other symboll , in token thereof . yea their very laws ( like those of the lacedaemonians called rhetra ) were unwritten ; till ethelbert their first christian king , caused his own laws to be put in writing about the year . ( as other western nations in an age or two before had done ) and as bede saith , wrote them in the saxon tongue . the first charter ( if i shall so call it ) or writing , touching lands and privileges , was ( as a ms. of canterbury reporteth ) made by withredus king of kent in the year . and ( as that charter it self witnesseth ) was appointed to be kept in the church of our saviour at canterbury , as a precedent for posterity to imitate ; and tho' it appeareth not there in what language it was written , yet i presume it was in the same with their law , which was the saxon tongue . for there be two copies of it extant in latin , so differing the one from the other , as thereby they both appear to be translations . for proof thereof , the one of them useth the words charta and chartula , which ingulfus affirmeth to be brought in hither by the normans , that is , above three hundred years after the time of this charter of withred's . the other latin copy termeth it scriptum not chartam ; and the saxons themselves used neither of those words , but called such writings in latin chirographos , not chartas ; as ingulfus there also testifieth . so that it hereby appeareth , that the prototype or first pattern of charters which the saxons imitated , was not in latin but in saxon. secondly , it is therefore to be presumed ( and very strongly ) that tho' this charter of beorredus remaineth to us by a latin copy , yet the original it self ( like a thousand others ) was in the saxon tongue . nor could it in all probability be otherwise ; for at the very time when it was made , ( viz. in anno . ) learning was so generally subverted throughout england , by the barbarous danes , that king alfred ( who began to reign within four years after the date thereof ) saith , paucissimi fuerunt cis humbrum , qui vel preces suas communes sermone anglico intelligere potuerant , vel scriptum aliquod è latino transferre . tam sane pauci fuerunt , ut ne unum quidem recordari possum ex australi parte thamesis , tum cum ego regnare occaeperam . but as their original charters were in the saxon tongue ; so in the leiger-books in which they are preserved to us , they are often set down in the saxon , and then ( because the books themselves are in latin ) they are there translated also into latin , and often times set down in the latin only without the saxon ; as in the book of ramsey-abby , which having no charters in it in the saxon tongue , the author of it saith , that himself had there translated them all into latin , after that that abby in the days of king stephen had recovered her liberty . yet i deny not , that latin charters might be often used by their latter clergy-men , when learning ( which in beorred's time was utterly subverted ) began at last to recover life again . thirdly , ( i conceive ) that the word feudum or feodum was not in use in beorredus's days , ( viz. anno . . ) for proof whereof , we are to consider the infancy , youth , and full age of the feodal law ; for according to these several times , the feodal lands had their several denominations . first , they were called munera , then beneficia , and lastly feuda ( as is aforesaid . ) marculfus , who collected the formulas ( or precedents as we call them ) of charters and instruments of the time he lived in ( which was under clodovaeus ii. king of france about the year . ) maketh mention , in his first book of munera , and in his second of beneficia ; but no where of feuda : and he who a hundred years or more after him collected the formula's incerti autoris , speaketh divers times of beneficium , but never nameth feudum : for that this term came not into use till afterwards , when these beneficia began to be granted in perpetuity . beneficium regis ( saith bignonius ) postea feudum dictum est . and in another place he saith , beneficii nomine ea praedia dicta ( sunt ) — quae feuda posteritas dixit ; initio namque vita accipientis finiebantur . as if he should say , they were called beneficia when they were granted only for life of the grantee ; but were called feuda when they began to be granted in perpetuity , and not before . cujacius therefore speaking of feudatarii , which word came into use with feudum , ( for relatives mutuo se ponunt & auferunt ) saith , that when actores , custodesque proediorum nostrorum temporarii , perpetui esse caeperunt , &c. when those who had the use and ordering of our lands for a certain time , began to enjoy them in perpetuity , and yet retained their latin name of homines ( our men , ) they grew then also to be called after new and forreign names , vassalli , leudes and feudatarii , by the princes and great noblemen ; who choosed rather to grant them lands in perpetuity , in consideration that they should do them military service . and he saith , that these names were first brought into italy by the german princes . where ( and particularly in milan , as merula reporteth ) the feodal laws and customs have had their original , and from thence been propagated throughout europe . by this it appeareth , that the words feudum and feudatarii were not in use till that the word munera was grown obsolete . nor afterward , till beneficia , leaving to be temporary or but for life , became to be perpetual possessions ; which ( as i have often said ) was not long before the conquest . so that the word feudum could not be in use in beorredus's time , who lived two hundred years before . fourthly , tho' the word feudum were in the original charter of beorredus , yet doth it not prove that our feuds were then in use . for call them beneficia or call them feuda , certain it is that neither the one nor the other were then hereditary or perpetual , but either temporary or for life only ; which at length begat the difference between feuda and beneficia , for beneficia in a restrained sense began to signifie no more than an estate for life , ( in which sense it resteth at this day in our clergy-men's livings called benefices ) and the word feuda grew to be understood only of such beneficia or benefices , as were perpetual and hereditary . to return from whence we digressed . i suppose it now appeareth sufficiently , how some feodal words are crept into charters and writings of saxon date ; and i think i may conclude , that the words before mentioned ( tenura , tenentes , tenementa , tenere or tenendum , in a feodal sense , or feodum it self ) were not in use among them . much less tenure in capite , tenure by knight-service , tenure in socage , or frank-almoign ; tho' the like services were performed to the saxon lordships , by their thanes and theodens , their socmen or husbandmen , and their beads-men or clergy-men , by way of contract for the lands received from them ; as were after the conquest to the norman lordships by way of tenure , for lands holden of them . the neapolitan and sicilian constitutions ( which had their original from princes of norman lineage ) do ..... the conquest here in england make mention of tenens , tenere , tenementum and tenere de rege in capite ; but whether the normans carried these terms into italy , when they conquer'd naples about the year . or brought them from thence into normandy , i cannot determine . certain it is , that from the normans they came to us in england ; for being not met with before in any authentick author , we presently after the conquest begin to hear of them , even about the third or fourth year of the conqueror's reign , as appeareth by his charter of emendationes legum in the red book of the exchequer , f. . b. and in lambard's archaionomia . chap. iv. of tenures in capite , more particularly . touching tenures therefore in capite , i think i may boldly say , that here were none in england in the saxons time , after the manner now in use among us . first , for that their feodal lands ( as we have shewed ) were not descendible before the conquest . for tho' there were hla●ord and ðane amongst the saxons , that is , lord and thane , or servitour , whom beyond the seas they called seigneur & vassall , alias vassallum , dominum & clientem , while their feuds were arbitrable or but for years or life ; yet grew not the words of tenure into use , till that feuds became descendable to posterities , and thereby obliged the whole succession of heirs to depend and hold upon their capital lords by the services imposed at the creation of that feud . secondly , the word in capite is like a relative in logick ; which being a supreme degree of it self , implieth some other degrees to be under it , as tenant in medio or tenant in imo , or both , viz. tenant in capite , tenant in menalty , and tenant paravale , or at least tenant in capite and tenant paravale , which inferiour tenants could not be in the saxons time , for that the granting of feuds in perpetuity ( out of which the under-tenancies must be deduced ) was ( as i have said ) not yet in use . thirdly , to hold in capite is of two sorts , the one general , which is of the king , as caput regni & caput generalissimum omnium feodorum , the fountain whence all feuds and tenures have their main original . the other special or subaltern , which is of a particular subject , as caput feudi or terrae illius , so called because he was the first that created and granted that feud or land in that manner of tenure , wherein it standeth , and is therefore at this day so to be understood by the ordinary words ( in our deeds ) of tenendum de capitalibus dominis feodi illius , &c. signifying that the lands so granted ( since the statute of quia emptores terrarum ) must now be holden mediately or immediately of him or his heirs or assigns , that was caput feodi , the first that created or granted that feud in that tenure , who thereupon was called capitalis dominus & caput terrae illius ; among the feudists capitanus feudi illius ▪ and the grantee and his heirs were said to be tenants in capite , because they held immediately of him that first granted that feud or land in that manner . hereupon david i. king of scots and earl of huntingdon here in england , was in right of his earldom ( in the time of king henry i. ) said to be capud terrae de crancfeld & craule post regem angliae . and roger de molbray about the same time or shortly after , made a grant in these words : roger de molbray omnibus hominibus & fidelibus suis normannis & anglis salutem . sciatis quod ego concessi roberto de ardenna clerico amico meo totum nemus de bedericheslea cum omnibus antiquis libertatibus & consuetudinibus ejusdem nemoris ad tenendum de me in capite & haeredibus meis ita libere & quiete , &c. sicut ego unquam , &c. the deed is without date ; but note that the direction of it is omnibus hominibus fidelibus suis normannis & anglis , which implieth that it was made before henry ii's time : for he being of anjou in france and bringing in french-men with him , altered then very properly the directions of charters into hominibus & fidelibus suis francis & anglis . yet i find the same direction , tho' more improperly , to be some time used under the norman kings . qu. so likewise ( as before ) w. marshall the great earl of pembrock , in a charter of his , useth these words about the beginning of henry iii's time ( as i take it : ) nisi fortè forinseca tenementa tenueris de me ( in ) capite . and mat. paris in an. . making mention of one g. a knight , saith , that rex memoratus ( hen. iii. ) cuidam militi tenenti de ecclesia s. albani in capite , &c. warennam concessit : where the words tenenti de ecclesia s. albani in capite , do signifie , that some abbat of the church of st. alban first created and granted that feud . having thus in general manner prepared my way to the ensuing discourse , i shall now ( god willing ) by the patience of them whom it most concerneth , examine such particular assertions , as are produced in the report , either to prove our tenures and feuds with their dependancies , to have been in use among the saxons , or to disprove what i have affirmed in my glossary , or in the chapters here precedent , and will first shew therein as followeth . chap. v. what degrees and distinction of persons were among the saxons , and of what condition their lands were . for the better understanding of our discourse , it is necessary that we should shew what degrees and distinctions of persons were among the saxons , and of what condition their lands were . touching their persons , they are by themselves divided in this manner , eorle and ceorl and Ðegn and Ðeoden . in latin comes and villanus , tainus [ unus ] & alius , singuli pro modo suo . that is to say , the earl and the husbandman , the thane of the greater sort called the king's thane , and the thane of the lesser sort called the theoden or vnder-thane . more degrees the saxons had not in their laity , and among these must all the tenures lye that were in use with them . as for their bond-men ( whom they called theowes and esnes ) they were not counted members of that common-wealth , but parcels of their master's goods and substance . touching lands among the saxons they were of two sorts , bocland and folcland . bocland signifieth terram codicillarem or librariam , charter-lands : for the saxons called a deed or charter an bec , i. e. librum , a book ; and this properly was their terra haereditaria : for it commonly carried with it the absolute inheritance and propriety of the land , and was therefore preserved in writing , and possess'd by the thanes and nobler sort , as proedium nobile , liberum & immune a servitiis vulgaribus & servilibus . in which respect the thanes themselves were also called liberales , as appeareth by canute's forest-laws ( art. . . & seqq . ) a name not well agreeing with feodal servitudes . but it seemeth by divers abby-books , that some estates for life , which we call frank tenements , were also put in writing , especially among the latter saxons . yet were not these accounted bocland ; for they were laden commonly with many feodal and ministerial services , whereas bocland ( as i said ) was free from all services not holden of any lord , the very same that allodium ; descendable ( according to the common course of nations and of nature ) unto all the sons , and therefore called gavelkind , not restrain'd to the eldest son ( as feodal lands were not at first ) but devisable also by will , and thereupon called terrae testamentales , as the thane that possessed them was said to be testamento dignus . folcland was terra vulgi , the land of the vulgar people , who had no estate therein , but held the same ( under such rents and services as were accustomed or agreed of ) at the will only of their lord the thane ; and it was therefore not put in writing , but accounted proedium rusticum & ignobile . but both the greater and the lesser thanes , which possessed bocland or hereditary lands , divided them according to the proportion of their estates into two sorts ; i. e. into inland and outland . the inland was that which lay next or most convenient for the lord's mansion-house , as within the view thereof , and therefore they kept that part in their own hands for supportation of their family and hospitality . the normans afterwards called these lands terras dominicales , the demains or lord's lands : the germans , terras indominicatas , lands in the lord 's own use : the feudists , terras curtiles or intra curtem , lands appropriate to the court or house of the lord. outland was that which lay beyond or out from among the inlands or demeans , and was not granted out to any tenant hereditarily , but , like our copy-holds of ancient time ( having their original from thence ) meerly at the pleasure of the lord. cujacius speaking of this kind of land , calleth it proprium feudum , that is to say , such land as was properly assigned for feodal lands . proprium feudum est ( saith he ) extra curtem , & consistit in praediis . as if he should say , that land properly is a feud or feudal land , which lyeth without the demains of the mannour , and consisteth in land not in houses . we now call this outland the tenants land or the tenancy , and so it is translated out of biritrick's will in the saxon tongue . this outland they subdivided into two parts ; whereof one part they disposed among such as attended on their persons either in war or peace , ( called theodens or lesser thanes ) after the manner of knights fees ; but much differing from them of our time , as by that which followeth shall appear . the other part they allotted to their husbandmen , whom they termed ceorls ( that is carles or churles . ) and of them we shall speak farther by and by , when we consider all the degrees aforesaid ; beginning with the earl. chap. vi. of earls among our saxons . an earl , in the signification of comes , was not originally a degree of dignity , as it is with us at this day ; but of office and judicature in some city or portion of the country , circumscribed anciently with the bounds of the bishoprick of that diocess ; for that the bishop and the earl then sat together in one court , and heard jointly the causes of church and common-wealth , as they yet do in parliament . but in process of time the earl grew to have the government commonly of the chief city and castle of his territory , and withal a third part of the king's profits arising by the courts of justice ( fines , forfeitures , escheats , &c. ) annexed to the office of his earldom . yet all this not otherwise than at the pleasure of the king ; which commonly was upon good behaviour , and but during life at most . this is apparent by the severe injunction of king alfred the great ( labouring to plant literature and knowledge amongst the ignorant earls and sheriffs of his kingdom ) imposed upon them , that they should forthwith in all diligence apply themselves to the study of wisdom and knowledge , or else forgoe their office. herewith ( saith asser menevensis who lived at that time and was great with the king ) the earls and sheriffs were so affrighted that they rather choose insuetam disciplinam quam laboriose discere , quam potestatum ministeria dimittere , that is , to go at last to the school of knowledge , how painful soever , rather than to lose their offices of authority , and degrees of honour ; which alfred there also declareth , that they had not by inheritance , but by god's gift and his ; dei ( saith he ) dono & meo , sapientium ministeria & gradus usurpatis . this is manifest by divers other authorities and examples in my glossary ( in verbo comes ) as the reader , if he please , may there see . some conjecture , that deira and bernicia in northumberland , and mercia in the midst of england , were feudal and hereditary earldoms in the saxon times . those of northumberland presently after their first arrival under hengistus , about the year . that of mercia by the gift of alfred the great ( about the year . ) to ethelredus , a man of power , in way of marriage with his daughter ethelfleda : but for ought i see it is neither proved by the succession of those earldoms , nor our authors of antiquity . for my own part , i think it not strange , that there was not at the entry of the saxons a feudal and hereditary earldom in all christendom . as for this our britain , the misery of it then was such , as it rather seemed an anarchy and chaos , than in any form of government . little better even in alfred's days , through the fury of the danes ; tho' he at last subdued them for his time . how soever three or four examples in five hundred years before the conquest differing from the common use , is no inference to overthrow it , especially in times unsettled and tumultuous . the noble earldom of arundel in our days of peace , differeth in constitution from all the other earldoms of england ; yet that impeacheth not their common manner of succession . loyseau and pasquier , learned frenchmen , speaking of the dukes and earls of france , which england ordinarily followeth ( and sometimes too near the heels ) justifie at large what i have said ; shewing the dukes and earls in the roman empire ( from whose example others every where were derived ) were like the proconsuls and presidents of provinces , simple officers , who for their entertainment had nothing else but certain rights and customs raised from the people ( which we in england called tertium denarium . ) and that the dukes and earls of france were officers in like manner , but had the seigneurie of their territory annexed to their office : so that they were officers and vassals both at once , ( that is to say ) officers by way of judicature , and vassals ( whom we call feodal tenants ) for their seignories of dukedoms and earldoms . but ( say they ) tenue neant moiens en fief a vie , &c. holden notwithstanding as a fief for life , not hereditary nor patrimonial in the beginning , as afterward they were . this change they assign to have been begun about the end of the first line of their kings ; who being at that time weak and simple men , the dukes and earls took opportunity to make their estates hereditary . but it continued not long ; for the first kings of the second line reduced them presently to conformity . yet some there were in the remote provinces , that maintain'd themselves hereditary in despight of the kings , whereupon ensued many wars . thus far both these authors do concur , and then loyseau addeth further , that at the end of the second line , hugh capet having made himself king of france , permitted all to hold their dukedoms , earldoms , and seigneuries hereditarily ; and taking homage of them as of hereditary fiefs , each party obliged themselves to support the other and their posterity in those dignities as hereditarily . this happened in france a little before the conquest of england , and from this precedent of hugh capet's did our william the conquerour make the earldoms and feuds in england first hereditary , as we have already shewed in the second chapter . so that i conclude ( as i assumed in the beginning ) that the saxon earldoms were not hereditary , nor otherwise feodal ( if we shall so term them ) than for life , whereon neither wardship , nor marriage , &c. could depend . yet i confess that the dukes and earls of the saxon times both had and might have great possessions in other lands as patrimonial and hereditary , namely their thaneland : and in what condition they possessed them , it shall appear anon , when we come to speak more at large of thanes and thane-lands . chap. vii . of ceorls ; and that they were ordinarily but as tenants at will , or having lands held not by knight-service . the division before mentioned , which the saxons made of their own degrees , leadeth me in this next place ( tho' not orderly ) to speak of the ceorle ( that is of the carle or churle ) and husbandman . the ancients called him in latin villanus , not as we ordinarily take it for a bondman , but for him that dwelling in a village or country town , lived by the country course of husbandry . mr. lambard therefore ( to decline the misconceiving of the word villanus ) doth render it in the saxon laws by paganus , which signifieth the same that villanus doth , according to the french for a villager , but not according to our english for a bondman . our saxons otherwhile did term them , like the dutchmen , boors , that is , such as live by tilth or grasing , and by works of husbandry . such were the ceorls among the saxons ; but of two sorts , one that hired the lord's outland or tenementary land ( called also the folcland ) like our farmers : the other that tilled and manured his inland or demeans , ( yielding operam not censum , work and not rent ) and were thereupon called his socmen or ploughmen . these , no doubt , were oftentimes his very bondmen ; i therefore shall not meddle with them , but will hold me to the first sort , who having ordinarily no lands of their own , lived upon the outlands before mentioned of their lord the thane , as custumary tenants at his will , ( after the usual manner of that time ) rendring unto him a certain portion of victuals , and things necessary for hospitality . this rent or retribution they called feorme , but the word in the saxon signifieth meat or victuals ▪ and tho' we have ever since henry ii's time , chang'd this reservation of victuals into money , yet in letting our lands , we still retain the name of fearms and fearmers unto this day . the quantity of the fearme or rent for every plough-land , seemeth in those times to have been certain in every country , according to the nature of the place . king ina in his laws did make it so through all the territory of the west-saxons , as you may see ( with much more touching this matter ) in my glossary , verbo firma . but insomuch as the chiefest part of the fruit and profits of the lands thus manured by the ceorls or husbandmen , redounded to the benefit of their lords and not of the ceorls themselves ; the romans counted them to be as bondmen and not freemen . caesar therefore speaking of them while they were yet in germany , saith , plebs pene servorum habebatur loco : that their common people were in a manner bondmen . and tacitus to the same purpose , caeteris servis ( meaning these ceorls or husbandmen ) non in nostrum morem descriptis per familiam ministeriis utuntur ; suam quisque sedem , suos penates regit . frumenti modum dominus aut pecoris aut vestis , ut colono , injungit . et servus hactenus paret . but this service was no bondage . for the ceorl or husbandman might as well leave this land at his will , as the lord might put him from it at his will : and therefore it was provided by the laws of ina in what manner he should leave the land when he departed from it to another place . and the writ of waste in fitz-herbert seemeth to shew that they might depart if they were not then well used . it is apparent also that the ceorl was of free condition , for that his person was valued as a member of the common-wealth in the laws of aethelstan , and his least valuation is there reckoned to be s. whereas the bondman was not valued at all , for that he was not ( as i said ) any part of the common-wealth , but of his master's substance : nor was he capable of any publick office . but the ceorl ( tho' he had no land ) might rise to be the leader of his country-men , and to use the armour of a thane or knight , viz. an helmet , an habergeon , and a gilt sword. and if his wealth so increased as that he became owner of five hides of land , the valuation of his person ( which they call'd his were or weregild ) was increased to two thousand thrimsas , that is six thousand shillings , and being then also adorned with other marks of dignity , he was counted for a thane ; as you shall see in the next chapter . but ( for all this ) a ceorl or husbandman ( tho' he were a freeman ) was not by the feodal law of that and later times , capable of a knights-fee , or land holden by military service ; and therefore what land soever he purchased , was to be intended land of no such tenure . and it appeareth further by the laws of aethelstan , that the five hides of land ( before mentioned ) purchased by the ceorl , were descendable to his posterity ; which sheweth also that they were not feodal land , for that feuds at that time were not here descendable , as we have often declared . so that i hope i may conclude , that the ceorls or husbandmen among the saxons held no land by our tenure of knight-service . chap. viii . of thanes , and their several kinds . seeing then the weight of the question will rest wholly upon the thanes , we must consider them the more diligently , first in the quality of their persons , secondly in the tenure of their lands . a thane was ( in like manner as the earl ) not properly a title of dignity , but of service : so called in the saxon of ●enian servire , and in latin minister à ministrando . but as there be many degrees of service , some of greater estimation and some of less ; so those that served the king in places of eminency , either in court or common-wealth , were called thani majores and thani regis ; and those that served under them in like manner as under dukes , earls , and other great officers of the kingdom , and also under bishops , abbats , and the greater prelates of the church , were called thani minores , or the lesser thanes . and as the titles of honourable office and service in dukes , earls , &c. became at length to be made hereditary ; so this of thanes , like our titles of noblemen and gentlemen , descended at last with their fathers land upon their children and posterity . and continued thus till after the conquest , as appears by some writs and charters of the conquerour . buchanan describing the quality of their persons , calleth them , praefectos regionum sive nomarchas & quaestores rerum capitalium , governours of places , principal ministers of justice , chequer men , sheriffs , &c. but we will take them as the saxons themselves describe them in the place before mentioned , where it thus followeth , gif ceorl geðeah ꝧ he hefde fullice fif hyda agenes lande , &c. if a churl or husbandman thrive , so that he had fully five hydes of his own land , a church and a kitchin , a bell-house , and a gate-house , a seat and a several office in the king's hall ; then he was from thenceforth worthy of the rights of a thane : meaning ( as i understand it ) he was then one of the greater thanes or king's thanes . for the lesser thane is by and by described also in that which followeth , viz. and gif ðegen geðeah , &c. and if a thane himself so prospered that he served the king , and ridd upon his message as others of his court , and then had a thane ( i. e. an under or lesser thane ) that followed him , which had five hydes ( or plough-land ) chargeable to the king's expedition , and served his lord in the king's court , and had gone thrice upon his errand to the king : he ( this under-thane ) might take an oath instead of his lord , and at any great need supply the place of his lord. and if a thane did so thrive as he became an earl , he had the rights of an earl. and a merchant might become a thane , &c. mr. lambard conceiveth this place to discover but three degrees among the saxons , viz. earls , thanes and ceorls , not admitting the under-thane to be a several degree . the words seem otherwise , and the saxon division before recited maketh four degrees , earl , ceorl , thegn and theoden or under thane . some therefore distinguish thanes into majores and minores , some into majores , minores ( otherwise called mediocres ) and minimi , whom canutus in his forest-laws calleth minuti and tinemen . i dare not venture to define them particularly , but will rest upon the saxon division first mentioned , which i find to be pursued by norman terms in the laws of edw. confess . and william conq. delivered by ingulfus , viz. count , baron , valvasor , and villain . where he placeth count instead of earl , baron instead of kings-thane , valvasor instead of theoden or lesser thane , and lastly villain instead of churl . as though the division both of the saxon and norman times did hold analogy one with the other , and both of them with ours at this day , viz. of earls and barons of the kingdom , including the greater nobility , barons of towns and mannours ( including the lesser nobility or gentry ) and that of our yeomen including the husbandmen . to return to the thanes . this saxon passage hath per transennam shew'd unto us , not only the quality of their person , but the nature of their land , whereupon all our question doth depend . and true it is , it sheweth that both they and it were subject to military service , call'd in latin expeditio , in saxon utfare and ferdgung , and in foreign nations heribannum , that is the calling forth of an army . and it appeareth by an ancient ms. of saxon laws in the kings library , that the thanes were not only tyed to this , but to many other services to be done unto the king , and that in respect of their land , which notwithstanding bred no tenure in capite or by knights-service . the words be these , tbani lex est , ut sit dignus rectitudine testamenti sui , & ut tria faciat pro terra sua , expeditionem , burghbotam & brugbotam , & de multis terris majus landirectum . exurgit ad bannum regis , sicut est deorhege , ad mansionem regiam , & sceorpum in hosticum , & custodiam maris , & capitis , & pacis , & elmesfeoh , & ciricsetum , i. e. pecunia eleemosynae , & ciricsceatum , & aliae res . thus in english . the law touching a thane is ; that he have power to make a will , and that in respect of his land he shall do three things , viz. military expedition , repairing of castles , and mending of bridges , and for more lands to do more land-duties . to go forth upon the king's summons to the enclosing of his park and mansion-house , and to * ..... into the enemies lands , and to defend the sea , his own head , and the peace , to pay alms-monies , church-seeds , church-shots , and other things . what is there in all this to shew either a tenure in capite or by knight-service ? it will be said that the military expediton , and warding of the sea against enemies , imply a tenure by knight-service , and that those and the other services being to be performed to the king , ( and upon the king's summons ) shew a tenure in capite . and no doubt , so would it be for lands given in this manner by the king since the conquest . but i conceive that none of all this riseth out of any tenure , or feodal reservation made by the saxon kings in granting these lands , or by any particular contract agreed of by the thane or subject in accepting them , but out of a fundamental law or custom of the kingdom , ( as ancient as the kingdom it self ) whereby all the land of the whole kingdom was oblig'd to this trinodae necessitati , of military expedition , and building or repairing of castles and bridges ; so that if this made a tenure by knight-service in capite in the thane lands , then must it follow also , that all the land of the kingdom was likewise holden by knights-service in capite : for it was wholly tyed to those three services , as appeareth in the council of eanham , ( cap. . . ) where they are commanded to be yearly done . and by the laws of canutus ( cap. . . ) where they are appointed to be done as necessity requireth . and also by the law of king ethelred , who about the thirtieth year of his reign , ordain'd , that every eight hides or plough-land through the whole kingdom , shall find a man with a crosset and helmet to the naval expedition . and every three hundred and ten plough-lands , an ordinary ship . for these purposes , was the whole land formerly divided , either by alfred the great or some other precedent king , into . hydes or plough-lands , and according to this division were the military and other charges of the kingdom impos'd and proportion'd , without ever any mention of tenures in ●●●ite or by knight-service . hence it rose that the saxon kings in granting o● lands , liberties , and priviledges unto ecclesiastical persons and others , were usually so careful in reserving expedition , burghbote and brigbote , as you may see in the charters of king withred , ina , aethelbald , aethelwulph , edgar , &c. in the britain councils , as also in the charters here following , and in a multitude of others elsewhere besides . neither did this military expedition otherwise at that time bind the saxons to a tenure in capite or knight-service , then it doth us at this day in the naval expedition lately now reviv'd . for better manifestation that thanelands were subject to no feudal service , consider , i pray you , the words of the saxon passage before mention'd , where it is said that a thane must have three hydes at least of his agenes lande , i. e. of his own land , not terrae emphiteuticariae , or precariae , not usu-fructuariae , or feodatariae , but as a latin copy hath it terrae suae propriae , where the word propriae carrieth another sense than is ordinarily conceiv'd , as to signifie in this place , land wherein no other man hath any interest by feodal superiority or dominion , but whereof himself hath meram proprietatem , the sole and absolute propriety ; even the same alodium that is spoken of in the report , and which no man hath or can have now at this day , but the king's land holden of no man in the feodal sense , ( for the phrase of tenure was not then in use amongst the saxons ) nor ty'd any man to do any feodal service . another old latin ms. therefore reciteth the same saxon passage in these words , si villanus ( so they at that time call'd a husbandman ) ita crevisset sua probitate , quod pleniter haberet quinque hidas de suo proprio alodio , &c. dignus erat honore liberalitatis , quod angli dicunt Ðanescipes surðe : si autem liberalis homo , . Ðegen [ thanus ] ita profecisset ut regi servisset , & vice sua equitaret in missatico regis , hic talis si haberet alium [ thanum ] sub se , qui ad expeditionem regis quinque hidas teneret & in aula regis domino suo servisset , &c. here i must say with cujacius , speaking of the author of the second book of feuds : proprietatem [ alias ] vocat quod hic alodium : noting thereby that proprieta● and alodium are synonima , signifying land free from all feodal service and holden of no body . yet in that sense alodium is here said to be terra ad expeditionem regis , land oblig'd to the warfare of the king. i must note also by the way , that he that thus translated the saxon passage by the words , qui ad expeditionem regis quinque hidas teneret , follow'd the manner which before we spake of , in rendring saxon customs by norman phrases . the reader perhaps will here understand teneret in the feodal sense , for to hold of his lord , whereas in the saxon book the words are no otherwise than gif he he●de , i. e. if he had five hydes of land , so that teneret here is no otherwise to be taken than for possideret . to return to our purpose . thaneland might no doubt be tyed to do military service or knight-service , and yet not holden in capite or by knight-service ; for it is one thing to hold by knight-service , and another to be tyed to do it . no man holdeth , that hath not tenementum or tenementale quiddam : but a man might be tyed to do this military expedition for his personal estate ( tho' he had no land ) or for his very person it self , as appeareth by the laws of king ina , cap. . where it is said gif se siðcundman , &c. if the sithcundman having land forbeareth to go the expedition , he shall forfeit his land and s. and if he have no land yet he shall forfeit s. and an husbandman ( who if he had land was but tenant in socage according to our law ) s. it appeareth also by many charters of the saxon kings that thane lands were not feodal , and that the military expedition mde no tenure by knight-service . give me leave therefore to produce some of them , that you may see thereby the use of those times , and what the kings themselves conceiv'd therein . chap. ix . charters of thane-lands granted by saxon kings , not only without mention of tenure or feodal service , but with all immunity , except expedition , &c. ego eadwigh monarchiam totius britanniae insulae cum superno juvamine obtinens , cuidam meo fideli ministro , vocitato nomine aelfwine , duas mansas & dimidiam tribuo perenniter illic ubi antiquorum hominum relatu nominatur at schylfhinghatune , habeat quam diu vivat , & post cui voluerit impertiat , cum his rebus quae sibi rite pertinent tam in magnis quam in minimis . sit haec donatio immunis a servitute mundana , excepto illo labore , qui communis omni populo videtur esse ( not naming expeditione , &c. but concluding ) si quis augeat , augeatur . si quis minuat , careat praemio aeterno , &c. so that here he was freed a servitute mundana both great and small , that was incident or inherent to the land by way of tenure , and yet he was chargeable to military expedition , and to the repairing of bridges , castles , burroughs , and fortifications , but that not otherwise than as all the land of the kingdom was charg'd , ( as before we have shew'd ) . regnante in perpetuum domino nostro , &c. ego eadgarus rex anglorum , caeterarumque gentium in circuitu persistentium gubernator & rector , cuidam fideli meo ministro vocato nomine alur . modicam muniminis mei partem terrae , i. e. in dorset . & tres perticas in illo loco , ubi anglica appellatione dicitur at lonk , ut habeat ac possideat quamdiu vivat , & post se unum haeredem , quicunque sibi placuerit , derelinquat . sit hoc praedictum rus liberum ab omni malorum obstaculo cum omnibus ad rus rite pertinentibus , campis , pascuis , pratis , sylvis ; excepto communi labore , expeditione , pontis & arcis constructione . si quis vero hominum hanc meam donationem cum stultitiae temeritate jactando infringere tentaverit , sit ipse gravibus per colla depressis catenis inter flamivomes tetrorum doemonum catervas , nisi prius ad satisfactionem emendare voluerit . istis terminis haec tellus ambita videtur : Ðis is þe landgemark at lonk , &c. haec charta scripta est anno dominicae incarnationis , . mundi denique status christi moderatoris disponente , &c. ego ethelredus totius albionis basileus , cuidam mihi obsequentium aethelwoldo vocitatione , pro ejus placabili obsequio quandam terrae particulam , i. e. decem manentia in loco quem coloni maningforde appellant in perpetuam concedo haereditatem , quatenus ille bene perfruatur ac prospere possideat quamdiu presenti fruitur vita , & post vitae suae terminum cuicunque sibi placuerit haeredi derelinquat . sit autem praesata terra liberrima ab omni munduali obstaculo , cum omnibus ad eam pertinentibus in campis & pascuis pratisque ac cursibus aquarum , tribus tantummodo causis exceptis , i. e. expeditione , pontis arcisve restauratione . si quis autem hanc donationem pervertere studuerit , perpetuae maledictionis incurrat reatum , & gehennae aeternum sustineat incendium nisi mortis ante exitum hanc praesumptionem emendare curaverit . istis terminis ambitur praefata tellus Ærst of eastreƿeardan , &c. so king ethelred in the charter to his thane sealwyne , granteth five cassatos in readdn , cum omnibus , &c. cuicunque sibi libuerit cleronomo direlinquat haereditate , &c. sit autem istud praefatum rus liberrimum ab omni mundali obstaculo in magnis ac modicis , campis , pascuis , pratis ; tribus tantummodo rationabiliter rebus exceptis quae usuali ritu observantur , i. e. cum glomerata sibi expeditioni compulerit populari commilitonum confligere castra , atque cum sua petivit pontis titubantia muniri vada : ac cum concinni turma urbium indigent muniri stabiliter septa , &c. dat. anno dominicae incarnat . . indict . . in nomine dei almi & agiae sophiae , &c. idcirco ego cnute rex , anglorum gubernator & rector , quandam ruris portionem , decem & septem viz. terrae mansas illo in loco ubi jamdudum solicolae illius regionis nomen imposuerunt at abbodesbury meo fideli ministro , quem notis affines orc appellare solent , in perpetuam confirmo haereditatem quatenus ille bene perfruatur ac perpetualiter possideat quamdiu deus per suam ineffabilem misericordiam vitam illi & vitalem spiritum concedere voluerit , deinde namque sibi succedenti cuicunque voluerit cleronomi jure haereditario derelinquat , ceu supra diximus in aeternam haereditatem . maneat igitur hoc nostrum donum immobile aeterna libertate jocundum cum universis quae ad eundem locum pertinere dinoscuntur tam in magnis quam in modicis rebus , in campis , pascuis , pratis , rivulis , silvis , aquarumque cursibus . excepto communi labore quod omnibus liquide patet , viz. expeditione , pontis constructione , arcisve munitione . si quis autem , &c. and king edward the confessor granting duas mansas & dimidiam in wudeton , &c. to thola ( widow of the foresaid orc , whom in a saxon charter he calleth his man , that is his thane ) saith thus : in aeternam haereditatem concedo quatenus illa habeat & perpetualiter possideat hanc meam regalem donationem quamdiu vivat , & post obitum suum cuicunque voluerit haeredi relinquat . sit autem praefatum rus liberum ab omni seculari gravedine tam in magnis quam in modicis rebus , in campis , pascuis , pratis , silvis , aquarumque decursibus ; tribus exceptis quae omnibus hominibus communia sunt , viz. expeditione , pontis , arcisve restauratione . after all these , i will yet add one other of king eadgar's , having somewhat of note above the rest , as anon we shall observe . it was made to the new monastery of hide near winchester in these words . annuente altitoni moderatoris imperio , &c. ego edgar totius britanniae basileus quasdam villas ut nominantur , dunketone habens quinque hidas terrae & ecclesiam , sueyse cum . hydis terrae , &c. concedo in puram & perpetuam eleemosynam novae wintoniensi ecclesiae beato petro apostolorum principi dicatae , &c. cum omnibus utensilibus , pratis , viz. pascuis , rivulis , aeterna largita sint haereditate , &c. sint autem praedictae villae , rus , mansiones , terrae , rivuli , omni terrenae servitutis jugo liberae imperpetuum , tribus exceptis , rata viz. expeditione , pontis arcisve restauratione . si quis autem hanc nostram donationem in aliud quam constituimus transferre voluerit , privatus consortio sanctae dei ecclesiae , aeternis baratri incendiis , &c. puniatur , &c. whatsoever the phrase be in the saxon original , ( for i take this to be a translation of the norman time ) it here maketh the lands to be given in franckalmoign , but without mention of tenendum , and yet sheweth that they were tyed to expedition , &c. yea , and calleth it notwithstanding puram eleemosynam , whereas tho' in libera eleemosyna a rent in old deeds hath sometime been reserv'd , yet can it not be called pura , if any rent or service at all were reserved to the donor . i have recited these charters the more at large for that they apparently discover by many reasons ( which we shall set forth in the next chapter ) that the thanes possess'd not their thane-lands either by any feodal service or by way of tenure . chap. x. observations upon the precedent charters , shewing that the thane-lands or expedition were not feodal or did lye in tenure . these charters present unto us the general manner of granting and possessing of thane-land among the saxons during the time of their monarchy , 'till the very coming of the normans . and there is to be observed in them ( as in other before mention'd ) what hereafter followeth . first , that the word thane which is here and usually interpreted minister , ( that is an officer or servant , of ðenian servire ) noteth nothing belonging properly to the war , and is not therefore to be understood as bracton fancieth the word barones to be quasi robur belli , or to import any matter either of feodal service or of tenure . secondly , that ( as we have formerly observed upon other charters ) so there is not in any of these now produced , one word either of tenure or of feodal signification , which presently after the conquest became innumerable , as brought in by the conquerour . yet well may it be , that edward the confessor ( having his education in normandy ) might ( as travellers use to do ) bring some norman words and manners into england . thirdly , that instead of tenere and tenendum ( by which the norman feudists implied a clientary if not servile dependance , that the tenant hath upon the lord ) the saxons used habeat , possideat , fruatur , or perfruatur ( and elsewhere gaudeat ) words of freedom and immunity . so likewise for tenementa ( signifying things holden of a superior proprietary ) they used mansas , manentia , and mansiones à manendo , ( as places of abode ) or casatas à casa , for a dwelling-house , otherwise call'd hyda , quasi tectum à tegendo , including under these names all the lands that belong'd thereunto . and those that dwelt upon those mansas , &c. they called not tenentes ( holders ) as we do , but manentes , as persons abiding there . all the foresaid words being of the middle-age-dialect , not appropriated to the feodal language . fourthly , in granting of feuds and feud lands , the consideration is allways for matter de futuro , as pro homagio & servitio habendo . but here in granting these thane-lands , the consideration is for service past or present , signified by the quality of the thane , as fideli ministro meo , or pro placabili obsequio , not only without reservation of any future service , but with express immunity from all services : as , to use the words of the charters themselves , . ut sint libera vel immunia à servitute mundana . . ab omni malorum obstaculo . . liberrima ab omni munduali obstaculo . . liberrimum ab omni munduali obstaculo in magnis & modicis . . aeterna libertate jocundum . . liberum ab omni seculari gravedine . such was the freedom of these thane-lands , equal and no less than that of the lands given in franck-almoigne by king edgar in the last cited charter , which are there said to be omni terrenae servitutis jugo liberae imperpetuum . fifthly , the feodal lands might not be aliened without licence : but the thane by the very words of his original charter , might grant them cuicunque voluerit . sixthly , a feodal tenant or tenant by knights-service ( as we call him ) could not devise his land by will before the statute of . hen. viii . tho' it were with licence of the lord and of the king himself , ( which law the germans themselves do hold even unto this day . and the danes can yet devise no land by will ( as i am informed ) but the thane might devise his thane-land to whom he would , as appeareth b● the words of king edward the confessor in a charter to thola , where he saith , possideat hanc meam regiam dona●●onem quamdiu vivat , & post obitum suum cuicunque voluerit haeredi relinquat ; excluding hereby all title of wardship and feodal duties . to the same effect are the rest of the charters , and therewith agreeth the priviledge of a thane before mentioned , thani lex est ut sit dignus rectitudine testamenti sui . as for that passage in the will of brictrick the saxon , where he seeketh his lord s consent that his will may stand , i conceive it to be in respect of some ●o●●land or custumary land , which according to the use of that time he held at the will of his lord , and not in respect of any thane-land . for tho' this brictrick were a man of great possessions , yet was he none of the chiefest sort of than●s called the king's thanes , but as appeareth by his will , an under-thane belonging to aelfric , who was earl of mercia . and how far the priviledge of these under or lesser-thanes extended , i cannot yet determine . seventhly , if thane-land were of the nature of lands holden by knight-service , then by the feodal law of that time it could not transire a lancea ad fusum , that is , it might not be granted to women ; for women were not then , nor long after capable of feodal land . but the land here granted to thola was thane-land , as appeareth by the very words of her charter ; for that it is granted in aeternam haereditatem perpetualiter possidendam , which words ( making an estate of inheritance ) were only proper to thane-land otherwise called bocland ; not to folcland or popular land , which was but at will of the lord for years or for life . eighthly , there could no tenure nor service lye upon the thane-lands , other than what was expressed in the charters . for in the end of every of them there was an horrible curse ( which in those days was fearfully respected ) laid by the king himself upon all those that should violate the charter , ( either by adding other incumbrances , or by diminishing the granted immunities . ) so that it is not to be supposed that there was any lurking tenure , or matter of plus ultra to impeach them . the curse beginneth in every of the charters with these words , si quis autem , &c. ninthly and lastly , touching expedition , and repairing of castles and bridges , which the saxons called burghbote and brugbote , tho' the two first of them be wholly military , and the last serving as well for the passage of the king's army as for the trade and commerce of his people ; yet were none of them either marks of tenure or of feodal service , as appeareth by that we have formerly shew'd , and by the testimony of these charters , where ( to use the words of edw ▪ the confessor in that to thola ) it is said that they are , omnibus hominibus communia , a common burthen to all men , as belonging to the safety and sacred anchor both of the kingdom and common-wealth . the saxons therefore did not call them services or feodal duties , as things that lay upon the person of the owner ; but landirecta , rights that charg'd the very land whosoever did possess it church or lay man. and these duties were ordinarily excepted in every charter , not for that they should otherwise be extinguished , but per superabundantem cautelam , lest the general words precedent should be mistaken to involve them and to release that which the king could not release . for tho' ethelbald by his charter to the monks of croyland did give the site of that monastery , with the appendancies , &c. libera & soluta ab omni onere seculari in perpetuam el●emosynam , yet in his charter of priviledges granted to all churches and monasteries of his kingdom , speaking of the repairing of castles and bridges , he confesseth and saith , that nulli unquam relaxari possunt . and i suppose that the word expedition was here omitted by the negligence of the scribe ; for i never find it severed from repairing of castles and bridges in any other charter . and also tho' king ethelwulf by his memorable charter of priviledges ( ratified by the great council of winchester in the year . ) did by express words free sanctam ecclesiam , that is all the churches and monasteries of his kingdom , ab expeditione & pontis extructione & arcis munitione , yet the whole clergy about the year . did notwithstanding voluntarily assist his son beorredus against the danes with all the power they could , as appeareth by the charter of the same beorredus . chap. xi . more touching the freedom of thane-land out of doomsday . tho' that which is delivered in these charters be authentical and need no farther proof , yet to convince broad spreading errors the more manifestly , it will not be unnecessary to shew what doomsday it self relateth to confirm it . for whereas lands holden in capite and by knights-service , could not otherwise be disposed than by licence of the king or superior lord , doomsday sheweth that the thane-lands might be used and disposed at the pleasure of the owner , without impeachment of any other . for at ebsa in suthry under the title of ric. fil . comitis gisleberti , it saith , hanc terram tenuerunt novem teigni & cum ea poterant utere quo volebant . plain latin , but the sense is , that nine thanes held this land of ebsam ( in the time of edward the confessor ) and might do with it what they would . so at est-burnham in buckinghamshire under the title of milo crispin , duo teigni homines brictrici hanc terram tenuerunt , & vendere potuere : and here it seemeth that these thanes were not the kings thanes , but of the lesser sort ; for that he calleth them homines brictrici . so in the same shire under the title of s. petr. westmon . it is said of the same town of est-burnham : hoc manerium tres treigni tempore regis edwardi tenuerunt , & vendere potuerunt . it there also appeareth that the thane-land might be charg'd with a rent issuing out of it , for it immediately followeth , & tamen ipsi tres reddiderunt quinque oras de consuetudine . and it might be restrain'd from alienation , as where it is said in doomsday , de ea ( viz. lega pelton ) sunt in dominio duae hidae ; una ex hiis fuit tainland , non tamen poterat ab ecclesia separari . where the word tamen implyeth , that altho' thane-lands might otherwise be alienated , yet this particularly could not . so likewise might it be entailed upon a family , as appeareth in the laws of alured cap. . but thus doomsday after the conquest affirmeth the same that the charters did before the conquest . and the words both in the one and the other , which shew that the thane might sell or use this land as he would , do imply an estate of inheritance independant of any lord either feodal or superior , and was as even the alodium mentioned in the chapter of thanes ; but whether it were descendable only upon the eldest son , or dividable between all the sons as in gavelkind , i cannot say , but the formula of alodium join'd with marculfus doth divide it between them all . chap. xii . the fruits of feodal tenures , and that they were not sound among the saxons , or not after our manner . hitherto we have sought our tenures among the saxons , and have not found them , tho' the report telleth us , it is most manifest that they were frequent and common in the times of the saxons . we will now follow the direction of our saviour , and see if by the fruit we can find the tree . the report saith , ( by question and answer ) the fruits of the tenure viz. in capite and knights-service ) what are they ? but the ( ) profits of the lands . ( ) wardship . ( ) livery . ( ) primier seisin . ( ) relief , mistaken to be an heriot . ( ) fine for alienation and the rest : which rest it supplyeth shortly after to be ( ) homage . ( ) fealty . ( ) escuage : adding again relief and wardship , instead whereof i out of a third passage do place ( ) escheats . and it concludeth that as all these tenures were common in those times , so were all the fruits of them , &c. which if it be true the question is determined ; nay , i yield it , if any one of them agreeing directly with our tenures be found amongst them ; some shew of fealty and licence to alien lands granted for a certain time , only excepted , for avoiding captious disputation . their very names pretend no saxon antiquity , but as the ephramites bewrayed their tribe by their language , so by their names these fruits discover themselves to be of norman progeny . and the report doth not give us one instance or example of any of them in all the saxon times . if it did , the words before mention'd in the charters to the thanes , declaring that their land must be libera ab omni seculari gravedine , &c. sweep all away at once as the west-wind did the grashoppers in egypt , and do make the thane-lands to have the priviledge of alodium ( here before mention'd ) to belong unto them , that is , to be free from all tenure and service . it is true notwithstanding that both the greater and lesser-thanes might have , and had other lands ( besides these that were hereditary ) of feudal nature and holden by military service ( as in the charter of oswald the bishop shall after appear : ) but they holding them like folcland only at the will of the lord ( whether king or other ) or for certain years , or at most for life or lives , their tenure and feuds determin'd with the will of the lord , the term of years or estate for life . and then could not any of the fruits before spoken of , accrue unto the lord that granted the land , for that it forthwith reverted intirely into his own hands , and was to be kept and dispos'd a-new as pleas'd him . it is apparent therefore by this general demonstration , that the fruits we speak of , could not arise out of either of the thane-lands , ( were they temporary or hereditary ) if not haply fealty or some gratuity to the lord for licence that the temporary tenant might assign his interest or have it enlarg'd , ( things proper as well to socage and folcland as to feudal . ) but let us examine all these fruits particularly , and see whether and how we find any of them among the saxons ; and give me leave herein to produce them in such order ( tho' not logical ) as the report presenteth them to the reader in their several places . chap. xiii . no profit of land by wardship in the saxons time . as for the profits of the land which the king hath now during the minority of a ward , it is manifest that the kings then had no such of the thane-lands ; for that the thane had this particular priviledge , that when he dy'd he might make his will of his own lands ( as it formerly appeareth ) and give them unto whom he would , which was never lawful after the coming of the normans , for any baron or tenant by knight-service to do ; till the statute . hen. viii . cap. . gave free liberty to all men to devise all socage-land by their last will in writing , and no more than two parts only of land holden in capite or by knight-service , least it should hinder the lords too much of their feodal profits . and socage-lands were therefore long before devisable in many burroughs , for that thereby the lord sustain'd no such prejudice . but to conclude this point in one word , it shall ( i hope ) be made manifest in the next chapter , that there were no wardships amongst the saxons , and thereupon it will follow invincibly there could be then no profits of lands arising to the king or lords by title of wardship . chap. xiv . no wardship in england amongst the saxons . objections answered . in following the report i must now speak de causa post causatum ; of wardship after the profits of land growing by it . this being the chiefest fruit of all feodal servitudes , and the root from whence many branches of like grievances take their original ; the report laboureth more to prove it to have been in use among our saxons , than it doth in all the rest of them , and enforceth me thereby to the greater labour in examining it , and discovering the contrary . touching the name ( wardship ) i confess it carryeth a saxon sound , but from norman god-fathers , with whom gard signifying the same that ward doth with us , and they bringing this custom into england , our english ancestors ( as in a multitude of other words ) changed the norman g. into a w. and so made ward for gard , and thereof wardship for gardship . yet to this day we call him that hath the custody of the ward , after the norman manner his gardian not his warden . but i find neither ward , wardship nor warden , in this sense , in any saxon law , charter , or manuscript , or any thing conducing to such signification : the proof being in the affirmative lyeth on the other side , yet doth not the report produce one single case , text , or precedent , to maintain their assertion ; but like pythagoras's schollars , resteth wholly upon ipse dixit , such and such have said it ; and i am now turn'd over to those authors . they have chosen a right good foreman ( confess ) mr. selden , of whom i say as she in ovid , nomine in hectoreo pallida semper eram . but let us hear what he affirms , according as the report conceiveth him , where the words be thus . that wardships were then ( viz. in the saxon's time ) in use , and not brought in by the normans , as mr. cambden in his britt . . nor by henry iii. as randolph hygden , &c. would perswade . vid. selden's notes to fort●scue , . ▪ the report says vide , and i say audi . mr. selden to confute this opinion attributed to rand. hygden useth these words . neither is the custom of wardship so new as r. hygden in his polycronicon , or rather some others not understanding him , ignorantly make it , by supposing the beginning of it here under hen. iii. clearly wardships were before or from the normans at least . thus mr. selden . there may be some amphiboly in the word before , as doubtful whether it shall relate to the normans or to hen. iii. but the occasion of his speech is to confute the opinion of them that did attribute the beginning of wardships to hen. iii. saying , that clearly they were before , and tho' he determineth not how long before , yet he concludeth that from the normans at least , citing glanvill to shew they were in use in hen. ii's time , and the grand custumer of normandy to fetch them higher than so from the normans , who ( by the opinion of berhault that writ the commentary to that custumary ) did first bring them into england . mr. selden ( god be thanked ) is living to explain himself , and i find ( by chance ) where he hath done it fully . his words in the titles of honour be thus , these kind of military fiess or fees as we now have , were not till the normans , with whom the customs of wardship in chivalry ( they began not under hen. iii. as most ignorantly r. hygden the monk of chester and polydore tells you ) came into england . and speaking by and by of malcolm second king of scotland , who dyed about twenty two years before the conquest , he saith : but in this malcolme's time , wardships were not at all in england . thus , mr. selden , whom they so often press against me out of ambiguous places , is clearly with me . their next authority to prove wardships to have been in use amongst the saxons , is ( saith the report ) that amongst the priviledges granted by edw. the confessour to the cinque ports we meet with this , that their heirs shall not be in ward . for this they cite lambard's perambulation of kent , p. . but i demand oyer of the record , and i verily perswade my self nul tiel recorde , nor in truth hath lambard averr'd that there is . lambard's words be these , the priviledges of these ports being first granted by edw. the confessour and william the conqueror , and then confirm'd and encreased by william rufus , hen. ii. rich. i. hen. iii. and king edw. the first , be great , &c. and in reciting some of these priviledges , he tells us amongst the rest , that they themselves ( the inhabitants of the cinque ports ) be exempted from all payments of subsidies , and their heirs freed from wardship of body notwithstanding any tenure . he doth not say that this is in the charter of edward the confessor , but that it is among the priviledges granted by him and william the conqueror , and then confirm'd and encreas'd by the succeeding kings . doubtless the word subsidies here mention'd in this sense , was not in use either in the confessor or conqueror's time , nor in many years after till taxes , aids , and tallages were grudged at and restrain'd . i am therefore confident that this came in among the encreased priviledges afterward , and it appeareth that mr. lambard was not perswaded that there was such a charter of the confessor's time , and therefore waving it seeketh the original of the priviledges of the cinque ports , no further than the conqueror . why then do we father this upon the confessor , especially seeing the charter of anno . edw. i. wherein all the charters of the precedent kings seem to be mention'd , that of edw. the confessor is not spoken of . the third assertion is , that in the customs of kent , ( which are in magna charta of tottil's edition , and in lambard's perambulation ) there is a rule for the wardship of the heir in gavelkind , and that he shall not be married by the lord. and those customs say of themselves , that they were devant le conqueste , e en le conqueste . the words in lambard be devant le conqueste , e en le conquest , e toutes houres ieskes en ca. that is , before the conquest and at the conquest , and ever since till now : which word ( now ) relateth to the ● . of edw. i. there immediately before mention'd . and to save the credit of the author , must be favourably understood to be meant of such customs , as were in use either before the conquest , or at the conquest , or at any time since , in the disjunctive not in the aggregative . for if it be taken conjunctively , then is it notoriously false , for some things mention'd in it had their original under hen. ii. as the grand assize , and justices of eyer , whereof that of eyer was not instituted , till the council ( or parliament as we now call it ) of nottingham , an. dom. . viz. in the . or . of hen. ii. and for that of the grand assize , it is expresly said in the customs , that it was granted them by hen. iii . many other things there be , as the office of the crowner , the manner of essoyning , writ of cessavit , &c. which i suppose was never heard of before the conquest . but if you mark it , the words in question , viz. devant le conquest , &c. stand in lambard at a little more distance than the lines precedent , as if himself conceiv'd them not to belong unto the text of customs . and to clear the doubt in the elder edition publish'd by tottill . june . no such thing is mention'd ; but if it were , there are such other differences in their copies as both their authorities may be question'd , and i in the mean time well delivered from this objection . let us see what followeth . fourthly , for the antiquity of wardships in england and scotland . " see also ( says the report ) hector boet. lib. . buchanan rerum scot. lib. . and the laws of malcome ii. which prove the antiquity of wardships in scotland and in england before the conquest . for in those times it is probable the laws of both nations did not much differ ; as for the times after , it appears they did not , by comparing their regiam majestatem with our glanvil . neither is the bare conjecture of sir henry spelman sufficient to take away the force of those laws , vid. spelman's glossary verbo feudum . upon all this ( saith the report ) they ( the justices of ireland ) did conclude and proceed to sentence . " with the sentence ( as a sacred thing ) i will not meddle . but as touching that part of this argument which — in nostros fabricata est machina muros — i 'm tyed either to answer or to submit . for hector boethius therefore , i confess the place to be truly alledg'd , ( and that hitherto hath seldom happened ) but for the credit of that author i wish leland were alive to deliver the censure he hath left upon him with his own mouth : i forbear it . true it is , he relateth that malcolm ii. gave all his lands well nigh unto his nobility in reward of their service , and that they in thankfulness to support his dignity , regranted unto him , vardam , desponsationem , & releviam al. relevatam , wardship , and marriage of their heirs within age , and relief of those of full age . the paragraph there is long , but to the effect we spoke of . it is also true that buchanan doth report the like , and since him cameraris , and a little before them all johannes major ; but all their harping is from the sound of one string , which in the report is not left unstrain'd , i. e. the laws of malcolme before mention'd , where it is said , that ad montem placiti in villa de scona omnes barones concesserunt sibi wardam , & releviam de haerede cujuscunque baronis defuncti ad sustentationem domini regis . which , because they concern a noble kindom , and have been receiv'd as authentical by an ancient parliament , i will not presume to contradict it . but i humbly offer to the consideration of the learned of that kingdom , and to those of ours and theirs that are conversant in antiquities , these particulars following . first , it being agreed ( which the scots affirm ) that malcolm ii. began his reign in the year . ( i. e. above . years before the normans conquer'd england ) how it cometh to pass that malcolm useth so many norman words in his scottish laws , and whether those words be found in any other monument there before : for in england it was not so . secondly , whether their kings then had not only a seal but magnum sigillum in the custody of the chancellor , and set-fees appointed for the use of it ; for in england it was not so , tho ▪ edward the confessour had a seal after malcolm's time . thirdly , whether they had brevia clausa in cera , and other ordinary instruments seal'd cum magno sigillo , and fees appointed for it ; for in england it was not so . fourthly , whether they had solemn presentations to churches and hospitals under seals in that manner ; for this was long before the council of lateran . fifthly , whether they had then the names of barons , seneschallus , constabularius , mareschallus , ( not in use in england in the time of the confessour ) as appeareth , for the two latter , by the appendix to the confessours laws ; and for their seneschallus called their steward , buchanan says he was brought in by malcolm iii. into scotland . sixthly , whether the norman officers of justiciarius , vicecomes , coronator , ballivus , &c. were then in use by any other proof than by or from these laws ; & sic de caeteris . many other things i pretermit , and take no exception to the frequent mention of pounds and shillings , tho' i know they were scarce with them in scotland ; as not abundant then in england , but paid in truck and cattel . but i admit that which the report saith , that in those times it is probable the laws of both nations did not much differ . as for the times after , it appeareth they did not , by comparing their regiam majestatem with our glanvil . they run much ( i confess ) paribus vestigiis , and oftentimes totidem verbis , iisdem paragraphis . whether of them leads or follows the other , i dare not define , and am loath to dispute . the preface to the regia majestas sheweth it to be written at the command of king david ; whom skeneus in his annotations calleth the first , and saith , he began to reign anno . i. e. . or . of hen. i. and 't is certain that our glanvil was not written till the time of hen. ii. who began not to reign till . so that if this be true , it must needs follow that we took a great part of the modell of our laws , or at least the expression of them , from the scots , ( which our ancestors never yet acknowledg'd ) . it may perhaps fall out ( upon better examination ) that david i. may be mistaken for david ii. but for the part of malcolm ii's laws , which speak of wardship , marriage and relief in scotland at that time , to have risen from their own nobility ; buchanan himself recedeth from that opinion , and concludes , hun● morem ab anglis & danis potius acceptum credo : quod in tota anglia & parte normanniae adhuc perseveret . and demster himself , their greatest antiquary , ingeniously consesseth , that there were no barons in scotland till malcolm iii. created them . and he might well take his precedent from the conquerour , for he liv'd all the time of the conquerour , and about seven years after : so that if there were no barons in scotland in the time of malcolm ii. as demster affirmeth , or the precedent taken out of england for wardship , as buchanan believeth : then could not this law be made in malcolm ii's . time , but seemeth rather ( by both their opinions ) to be ascrib'd to malcolm iii. and that the error hath risen ( as easily it may ) in writing ii. for iii. but in the mean time all this makes no proof against me . chap. xv. no marriage of wards . as for marriage , it is here and in some other places mention'd by the report , but not a word any where to prove that it belonged to the lord in the saxon time . i will help them with what i meet in the old ms. book of ramsey , sect. . where it is said , that one edwine son of othulf gave five hides of land to archbishop odo , pro eo quod regem edredum inflexerat , ut ei liceret filiam cujusdam viri vlfi quem concupiverat , maritali sibi foedere copulare . here it appeareth that the king's licence or good will was sought , but the reason appeareth not . the good will of king solomon was sought that abishag might be given to adoniah for his wife , but not in respect of tenure in either case . it is an express law of king canutus ( ll. . ) ne nyde man naðer ƿif ne maeden , &c. that no man should constrain either woman or maid to marry otherwise than where they will , nor shall take any mony for them , unless by way of thankfulness some do give somewhat . if these passages carry any shew of wardship , i must still let you know that knights fees were not at this time descendable unto women by the feudal law , no nor long after , when they were become hereditary in the masculine line , ne à lancea ad fusum haereditas pertransiret , as you may see by cujacius in feud . lib. . tit. . the first law that i meet with touching feudal marriages is in magna charta libertatum hen. i. yet is there nothing spoken of marrying the heir male of the kings tenant within age . and touching the female issue it is only provided , that the king should be so far acquainted with their marriage , as that he might be assur'd they should not marry with his enemies , lest the feuds or feifs which were given for service against them , should by this occasion be transferr'd to them . hear the words of the charter . et si quis baronum meorum , vel aliorum hominum meorum siliam suam nuptui tradere voluerit , sive sororem suam , sive neptem , sive cognatam , mecum inde loquatur ; sed nec ego aliquid de suo pro hac licentia accipiam , nec defendam ei quin eam det , excepto si eam velit jungere meo inimico . et si mortuo barone vel alio homine meo , filia haeres remanserit , & sine liberis fuerit , dotem suam & maritationem habebit , & eam non dabo marito , nisi secundum velle suum , &c. ordaining , that the wife shall be guardian of the childrens lands , or some near kinsman , qui justus esse debet ; and that other lords observe the like courses touching their wards . thus among the normans : but i don't find in all the feodal law of these times , any thing sounding to this purpose , nor any mention of marriage or wardship of the body or lands . i take them therefore to have risen from the normans a little before their coming into england , but in a diverse manner , according to the diversity of the places , and the moderate or covetous disposition of the lords . for it seemeth that tho' the profits of the land belong'd wholly to the lord , and were therefore ordinarily so taken by him : yet some of the lords deducting only the charge of education of the ward , and just allowances , restor'd him his lands at full age , with the surplusage upon accompt . and the grantee of a wardship from the king , was in normandy tyed to do it , as appeareth by the . artic. of the reformed customes ; for otherwise they were not guardians properly and tutores rei pupillaris , but fructuarii rather , and suum promoventes commodum . see the comment to that article . so in point of feodal marriage , it seemeth that the charter of henry i. was grounded upon the norman custom , which , tho it required the consent of the lord in tendring of marriage to women ( for the reason aforesaid ) yet did it not permit either him or the kindred or friends ( whom they called the parents ) to make it venal , or to take any thing for the same , as you may see by divers passages there , and by a case adjudged in the comment to the . article , where the tutor or guardian and the parents and friends thus offending , are all condemn'd to pay costs and damages . and note , that according to the norman custom ) the consent of the parents , ( viz. the next kindred and friends ) was as requisite as the consent of the lord or tutor , which , as i conceive , gave the occasion of the words si parentes conquerantur , in the statute of merton , as in respect of the ancient right they had in consenting to the marriage . and insomuch as we don't find that the various usages touching wardship and marriage , were compos'd into an uniform law till magna charta henr. iii. did determine it , it may be conceiv'd to have been the reason that rand. higden before mention'd and our other authors , did ascribe this part of our feodal law to be introduced by henry iii. but it is manifest by glanvil that it was in use in henry ii's time : and by the charter of henry i. to have been so likewise under william rufus ; yet is there nothing hitherto any way produc'd to bring it from the saxons , or to shew it to have been in use amongst them . chap. xvi . no livery , no primer seisin . if the king's tenant in capite or by knight-service dieth , the king shall have his lands till the heir hath done homage ; which if he be of full age , he may do presently : but if he be under age the land must continue in the king's hands till his full age . and when either the one or the other sueth to have it out of the king's hands , his obtaining it is called livery , and the profits receiv'd in the mean time by the king , are call'd his primer seisin . but neither of these could be among the saxons , for that their hereditary lands were not feodal , but libera ab omni gravedine , ( as before we have shew'd . ) and their temporary lands could not be subject to it , for that their estate extended no farther then to a franck tenement . and neither the one or the other was then tyed to do homage , as shall appear when we speak of homage . after the coming of the normans they were presently afoot amongst us , even in william rufus's days , but uncertain and irregular ; which was a certain note of their novelty , and that feuds hereditary were new begun . the great charter of liberties granted by henry i. implyeth as much : where to moderate them , the king saith thus , si quis baronum meorum seu comitum sive aliorum qui de me tenent , mortuus fuerit , haeres suus non redimet terram suam sicut faciebat tempore fratris mei , sed legitima & justa relevatione relevabit eam . similiter & homines baronum meorum justa & legitima relevatione relevabunt terras suas de dominis suis . i take this redeeming of the land out of the king's hands , to be a composition for his primer seisin , and for the livery and relief , things uncertain at this time even in their norman appellations , and not likely therefore to be known unto the saxons . chap. xvii . that reliefs ( whereon the report most relyeth ) were not in use among the saxons ; nor like their heriots . of all the feodal profits alledged in the report to be receiv'd by the saxons , it casteth anchor chiefly on reliefs , as a thing most evident and unanswerable : the rest ( save wardship ) it scarcely fortifieth with a breath besides the bare assertion . this it saith was common ; and in pursuit thereof addeth these words . for reliefs , we have full testimony in the reliefs of their earls and thanes , for which see the laws of king canutus , cap. , and . the laws of edw. the confessor , cap. de heretochiis , and what out of the book of doomsday coke hath in his instit . sect. . camden in berkshire , selden in eadmer . . great authorities ; secumque deos in praelia ducunt . we must not meddle with them all at once , let us try them singly . the law cited out of canutus is in these words : and beon ða heregeata , let the heriot ( which was to be paid after the death of great men ) be according to their dignities . an earl's , eight horses , ( four sadled and four unsadled ) four helmets , four corslets , eight spears and as many shields , four swords and two hundred marks of gold. the heriot of a thane next to the king , four horses ( two sadled and two unsadled ) two swords , four spears , four shields , one helmet , one corslet , and fifty marks . of the inferiour or midling thane , an horse furnished and his weapon , &c. and he that less hath and less may , let his heriot be two pound . here is speech indeed of an heriot but none of relief : i shall anon shew the difference between them , and then hath this law nothing against me . touching the law alledged to be edward the confessor's , the words be these , qui in bello ante dominum suum ceciderit ( sit hoc in terra sit alibi ) sint ei relevationes condonatae , &c. here i confess is mention of reliefs , but i deny this to be the law of edward the confessor : 't is true that it is published by lambard among his receiv'd laws , but ( if you mark it ) in a differing letter as noting it to be an addition . in an ancient ms. therefore ( which i have ) of those laws , it is not sound , nor in the printed copy of roger hoveden , who wrote till the third year of king john , that is . years after the confessor's time : with reverence therefore be it spoken , it is mistaken both in the report and by my ld. coke himself , whom it followeth , if they say that these words were part of the law of edw. the confessor , yea , the text it self maketh ..... of william the younger call'd rufus . but to conceal no truth , it is delivered by jornalensis monachus in the very same words , as a law of an elder king amongst us , than the confessor ; namely of canutus our danish king , who in the . chap. of his laws ( speaking of one slain in battel in the presence of his lord ) saith expresly , sint ei relevationes condonatae . now the game seemeth to be wonn ; but stay a while , and remember what i said before of the translations of our saxon laws and charters into latin. the saxons and the danes ( whose language and laws differ'd little in those days ) wrote their laws only in their own tongue , and the translating of them hath begotten much variety and many controversies ; we must therefore resort to the original saxon , where this passage is in the th . chap. of the second part of his laws in these words , & se man ðe aet ðam sy●dung toforan his hla●ord ●ealle , sy hit innan lande , sy hit of lande . beon herogeata forgyfene : which is thus verbatim , the man that in a military voyage is slain before or in the presence of his lord , be it upon land or off of land , let the heriots be forgiven him . he saith not , let the releifs , but let the heriots be forgiven him , and i deny not but this might be one of the danish laws which edward the confessor took out of canutus's laws when he compos'd the common law out of the west saxon law , mercian law , and dane law , if the copies of them were extant ; and it is very probable that william the conquerour ( or one of his sons ) did turn that law of heriots into this of reliefs . for that which my lord coke hath out of doomsday , is the same which mr. cambden hath in barkshire touching all that county . vt tainus vel miles regis dominicus moriens , pro releviamento dimittebat regi omnia arma sua , & equum unum cum sella , & alium sine sella ; quod si essent canes vel accipitres , praestabantur regi , ut sivellet , acciperet . here is releviamentum us'd in the conquerour's time , ( which i doubt not , ) but our question is of it in the time of the saxons . that also cited by and out of mr. selden is of the same nature , and one answer therefore serveth to all the three . yet by way of corollary , i shall anon discover another error of this sort , rising even from doomsday it self and the normans possessing this kingdom of the saxons , but not well instructed in their laws and customs : which is as followeth . chap. xviii . difference between heriots and reliefs . heriots were usual among the latter saxons : reliefs among the elder normans before their coming into england . this according to the custom of the feudal law , and other nations : that ordain'd by ludovicus al. clodoveus king of france about the year . to tame the almans whom he then had brought to servitude . i find it not in england till the soveraigntie of the danes . the first laws ( which i find ) that mention it , are those of canutus before mentioned , who perhaps for the assurance of his throne us'd this politick device to have all the armour of the kingdom at his disposition in this manner , when he had dismissed his danish army . but it falling so out as the heriot being to be paid at or after the death of the old tenant , and the relief at or before the entry of the new ; the normans in this did like our ancestors the saxons , who , because our christian pascha or passover fell out yearly to be celebrated about the time of the feast of their idol . easter , call'd our passover by the name of their easter ; so they seem to have conceiv'd the saxon heriot to be the same that their norman relief was , and therefore translated the word heriot by releviamentum or relevium , and raising the form of their feudal law in england , drew the saxon customs to cohere therewith as much as might be . but there is great difference between heriots and reliefs ; for heriots were militiae apparatus , which the word signifieth , and devised ( as i said before ) to keep the conquered nation in subjection , and to support the publick strength and military furniture of the kingdom : the reliefs for the private commodity of the lord , that he might not have inutilem proprietatem in the seignory . the heriots were therefore properly paid in habiliments of war , the reliefs usually in money : the heriot for the tenant that died , and out of his goods ; the relief for the tenant that succeeded and out of his purse . the heriot whether the son or heir enjoy'd the land or not : the relief by none but him only that obtain'd the land in succession . the heriot whether the land were fallen into the lord's hands or not : the relief in old time not unless it were fallen and lay destitute of a tenant , whose taking of it up out of the lord's hands was in that sense called relevium or relevatio , a taking up of that was fallen , according to the french word reliefe . bracton well observ'd the difference , saying , fit quaedam praestatio quae non dicitur relevium sed quasi , sicut heriotum quasi loco relevii , & quod dari debet aliquando ante sacramentum fidelitatis , aliquando post . hotoman saith , relevium dicitur honorarium ( munus ) quod novus vassallus patrono introitus causa largitur ; quasi morte alterius vassalli vel alio quo casu feudum ceciderit , quod jam à novo sublevetur . ( nov. leo. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nominat . ) i stand the longer herein , for that not only the report but even doomsday it self and generally all the ancient monkish writers , have confounded heriots and releifs . yet might i have saved all this labour , for nothing can make the difference more manifest than that we often see both of them are together issuing out of the same land . but when all is done , neither is heriot nor releif any badge of land holden by knight's-service or in capite , for both of them are found in lands of ordinary socage . yet i confess that bracton saith , de soccagio non datur relevium , and a little before , de soccagio non competit domino capitali custodia nec homagium : & ubi nulla custodia , nullum relevium , sed è contra . but this serveth my turn very well ; for that they in the report having fail'd to prove that releifs were in use in the saxons time , ( whereof they affirm'd they had full testimony ) it now inferreth on my behalf that if releifs and wardships were not in use among the saxons , that then also tenure by knight-service was not with them . besides all this , the heriot was a certain duty , and settled by law , the relief so various and uncertain , as the lords exacted what they listed for it when it fell into their hands ; constraining the heir of the tenant , as it were to make a new purchase of their feud ; whereupon the feudists called this releif not only renovatio and restauratio feudi , in greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , turning or bringing back of the feud to the former condition or proper nature of it ; but also redemptio a ransoming of it out of the lord's hands . that it thus stood with us in england by and by after the conquest , appears by that we have shewed before out of the magna charta of henry i. chap. xix . no fines for licence of alienation . touching fines for licence of alienation , it is not said what kind of tenants among the saxons did pay them , nor for what kind of land they were paid . the thane-land hereditary is apparently discharg'd thereof by the ordinary words of their charters before mention'd , where 't is said , that the owners of lands may give and bequeath them cuicunque voluerint , and that freely , ab omni munduali obstaculo . doomsday also ( as we here shewed ) doth testifie as much , and so doth the very word alodium , which the ancient authors attribute to these lands . so that the thane-lands doubtless were free both from the fine and licence . but as touching folcland and land holden at will of the lord , tho' continued in ancient time to their children after the manner of copy-holds ; it is no question but that they might both have licence for aliening such lands , and also pay consideration for it ; as our copy-holders do at this day . i find that one brictrick in the time of king etheldred about the year . bequeath'd legacies of good value unto his lord's wife , to intreat her husband that this brictrick's will ( whereby he had devised many lands and goods to monasteries and divers men ) might stand . and that thola the widow of vrke a thane of edward the confessor , obtain'd licence from the same king edward , that she might devise both her lands and goods to the monastery of abbotsbury . but of what nature these licences were , whether to alienate the land , or to make a will , or to give the land to monasteries as in mortmain , i cannot determine . if they only intended alienation , then i understand them only of lands holden ( according to the custom of the time ) at will of the lord , or folcland . yet in that thola's licence was as well to bequeath her goods expresly as her lands ; the licence seemeth to be given therefore to make a will , which no man then could do if not a thane . ( quaere . ) but howsoever it be expounded , it must not be extended to the thane-lands or land hereditary , for the reasons before alledged . and as touching fines for licence of alienation after our manner ( which the report suggesteth ) they could not doubtless be in use among the saxons ; for there are not found ( as i suppose ) here among us before the time of edward i. and not established afterwards 'till . edw. iii. where the king granteth that from thenceforth lands holden in chiefe , should not be seized as forfeited ( which formerly they were ) for alienation without licence , but that a reasonable fine should be taken for the same . see the statute ▪ chap. xx. no feodal homage among the saxons . our word man and homo in latin , have for many ages in old time been used by the german and western nations for a servant or vassal . and from thence hominium and vassaticum , afterwards homagium was likewise used for hominem agere , to do the office or duty of a servant ; ( not to signifie manhood as some expound it , ) and so also vassalagium . but by little and little all these latter words have been restrain'd , to note no more than our ceremonial homage belonging properly unto tenures ; which i met not with among our saxons , nor any shew thereof in former ages , unless we shall fancy that the devil had it in his eye when he offered to give unto our saviour all the kingdoms of the world , if he would fall down and worship him . for here he maketh himself as capital lord , our saviour as the feodal tenant : the kingdoms of the world to be the feud : the falling ( or kneeling ) down to be the homage : and the worshipping of him ( consisting as the feodists expound it in six rules of service ) to be the fealty . pardon me this idleness , but from such missemblances rise many errors . homage ( as we understand it in our law ) is of two sorts : one more ancient than the other called homagium ligeum , as due unto the king in respect of soveraignty , and so done ( more francico ) to king pipin by tassilo duke of bavaria about the year . the other homagium feodale or praediale , belonging to every feodal lord , and not begun in france 'till feuds were there made hereditary by hugh capet , nor in england till william the conqueror did the like , as before appears . the reason of it was to preserve the memory of the tenure and of the duty of the tenant , by making every new tenant at his entry to recognize the interest of his lord , lest that the feud being now hereditary and new heirs continually succeeding into it , they might by little and little forget their duty , and substracting the services , deny at last the tenure it self . we see at this day frequent examples of it ; for by neglecting of doing homage and those services , tenures usually are forgotten and so revolv'd to the king by ignoramus , to the great evil of their posterity that neglect it . but the saxons having only two kind of lands , bocland and folcland , neither of them could be subject unto homage : for the bocland ( which belong'd properly to their greater thanes ) tho' it were hereditary , yet was it alodium and libera ab omni seculari gravedine , as before is shewed , and thereby free from homage . and the folcland being not otherwise granted by the king or his thanes than at will , or for years , or for life , the tenant of it was not to do any homage for it . for justice littleton biddeth us note , that none shall do homage but such as have an estate in fee simple or fee taile , &c. for ( saith he ) 't is a maxim in law , that he which hath an estate but for term of life , shall neither do homage nor take homage . but admit the saxons had the ceremony of doing homage among them , yet was it not a certain mark of knights-service : for it was usual also in socage-tenure . and in elder ages , as well a personal duty as a praedial , that is done to princes and great men , either by compulsion for subjection , or voluntary for their protection , without receiving any feud or other grant of land or benefit from them . and he or they which in this manner put themselves into the homage of another for protection sake , were then called homines sui , and said commendare se in manus ejus or commendare se illi , and were thereupon sometimes called homines ejus commendati , and sometimes commendati without homines , as in doomsday often . tho' we have lost the meaning of the phrase , yet we use it even to this day . commend me unto such a man , which importeth as much as ( our new compliment taken up from beyond the seas ) let him know that i am his servant . see the quotations here annexed , and note , that tho' the saxons did ( as we at this day ) call their servants and followers homines suos , their men ; yet we no where find the word tenure , or the ceremony of homage among them , nor any speech of doing or of respiting homage . chap. xxi . what manner of fealty among the saxons . so for fealty : if we shall apply every oath sworn by servants and vassals ( for fidelity to their lord ) to belong unto fealty , we may bring it from that which abraham imposed upon his servant , put thy hand under my thigh , and swear , &c. for the saxons abounded with oaths in this kind , following therein their ancestors the germans , who , as tacitus saith , took praecipuum sacramentum , a principal oath to defend the lord of the territory under whom they lived , and to ascribe their own valour to his glory . so likewise the homines commendati before mention'd , yea , the famuli ministeriales and houshold servants of noble persons , were in ancient times and within the memory of our fathers , sworn to be faithful to their lords . these and such other were anciently the oaths of fealty , but illud postremo observandum saith bignonius ( a learned french-man of the king 's great council ) fidelitatem hodie quidem feudi causa tantum praestari ; shewing farther that fealty was first made to princes by the commendati and fideles , without any feud given unto them , and that the princes afterwards did many times grant unto them feuda vacantia , as to their servants : but whether the oath of fealty were so brought in upon feodal tenants , or were in use before , he doth not determine . in the mean time it hereby appeareth , that fealty in those days was personal as well as feodal or praedial , which imposeth a necessity upon them of the contrary part in the report , that if they meet with fealty among the saxons , they must shew it to be feodal and not personal ; for otherwise it maintaineth not their assertion . i will help them with a pattern of fealty in those times , where oswald bishop of worcester granting the lands of his bishoprick to many and sundry persons for three lives , reserv'd a multitude of services to be done by them , and bound them to swear , that as long as they held those lands , they should continue in the commandments of the bishop with all subjection . i take this to be an oath of fealty , but we must consider whether it be personal or praedial . if personal , it nothing then concerneth tenures , and consequently not our question . if praedial , then must it be inherent to the land , which here it seemeth not to be , but to arise by way of contract . and being praedial must either be feodal , as for land holden by knight-service ; or colonical as for lands in socage . if we say it is feodal , then must there be homage also as well as fealty , for homage is inseperable from a feud by knight-service : but the estates here granted by oswald being no greater than for life , the grantees must not ( as we have shewed ) either make or take homage . and being lastly but colonical or in socage , it is no fruit of a tenure in capite by knight-service , nor belonging therefore to our question . so that if fealty be found among the saxons , yet can it not be found to be a fruit of knight-service in capite , as the report pretendeth it , see fidelitas in my glossary . chap. xxii . no escuage among the saxons . what in the empire . the word scutagium and that of escuage , is of such novelty beyond the seas , as i find it not among the feudists , no not among the french or normans themselves , much less among the saxons . yet i meet with an ancient law in the novella of constantine porphyrogenita ( emperour of greece in the year . ) that gives a specimen of it , tho' not the name . quaedam esse praedia militaria , quibus cohaereat onus militiae , ita ut possessorem necesse sit se ad militiam comparare domino indicante delectum : vel si nolit aut non possit se ad delectum exhibere , certam eo nomine pecuniam fisco dependere , quae feudorum omnium lex est , &c. this tells us , that there were certain lands to which the burden of warfare was so adherent , that every owner of them was tyed upon summons made by his lord to make his appearance therein , or else to pay certain money by way of a fine , as was common in all cases of feodal tenures . this hath some shew of our escuage , and might well have taken that name from the manner of summons used in the empire ; which was by erecting a post or pillar , and hanging a shield at the top thereof , an herald proclaiming that all who held in this manner should at such a day attend the emperour in his voyage to rome , for taking the crown of italy or king of romans ; which the ligurine poet thus expresseth , — ligno suspenditur alte erecto clypeus : tunc praeco regius omnes convocat a dominis feudalia jura tenentes , &c. as we have shew'd in our glossary verbo feudum . he useth clypeus for a shield , instead of scutum ; and from this shield i say it might well be called scutagium , as also from the service performed in it cum hasta & scuto . yet this summons was not called schiltbannum but heribannum , that is indictio exercitus , not indictio s●uti . but to keep nearer the matter . first , our saxons neither used the name nor the rules of the norman escuage ; for they called their going to war upon legal summons , firdfare and utfare , in latin expeditionem and profectionem . secondly , they were not tyed to any definite time of abode , as for fourty days or more or less , but as the law saith , sƿa a ðon ðearf sy for gemene●●●re neode , so as need shall require for common necessity . thirdly , the mulct or forfeiture that the tenant in escuage incurred for not going forth upon that summons , was uncertain among the normans and us , 'till the parliament assign'd it ; but among the saxons he that offended in ferdwite , that is , in not going forth in the expedition , was certainly fin'd at . fourthly , whereas every lord among us had the fine assess'd by parliament of his own tenant for the lands holden of himself ; the king among the saxons had the fine aforesaid of every delinquent , whose tenant or follower soever he were , by all the laws of the kingdom , that is to say , by the west-saxon law , by the mercian , and by the dane law ; tho' otherwise they differ'd in their heriots , and many particular customs . so that to talk of escuage among the saxons , is without all colour or probability as i take it . chap. xxiii . no feodal escheate of hereditary lands among the saxons . escheats ( of eschoeir in french ) signifieth things coming accidentally , as on the by or by chance . the f●odists therefore call them caduca ( a cadendo ) and excadentias ; the black book of the exchequer escaetas , excidentia and excadentia : but among our saxons i find no word to express them either properly or paraphrastically . in our law they be of two sorts , regal escheats and feodal . regal are those obventions and forfeitures which belong generally to kings by the ancient right of their crowns and supreme dignity . thus king david gave the lands of mephibosheth accused of treason , unto ziba ( tho' too hastily . ) feodal are those which accrue to every feodal lord as well as to the king , by reason of his seignory , and of all the fruits of tenure none so great as this ( if we may call it a fruit ) where the feud or tree it self resulteth back unto the lord. let us see therefore if we find any of these feodal escheats among the saxons . there is a shrewd text ( i confess ) in canutus his laws . qui fugiet à domino suo vel socio pro timiditate in expeditione navali vel terrestri , perdat omne quod suum est , & suam ipsius vitam , & manus mittat dominus ad terram quam ei dederat , & si terram haereditariam habeat , ipsa in manum regis transeat . here is the appearance of a tenure , of a feud , of a forfeiture , and of an escheat . the tenure lyeth between the lord and his fugitive vassal , whom the saxons and germans called his man , we his tenant . the feud in the land , quam d●m●nus ●i dederat . the forfeiture , in fugiendo , in the vassals running away . and the es●heat , in the lord 's seizing of the land : manus mittat dominus in terram quam ei dederat , let the lord take back the estate which he gave in the temporary feud : but for the hereditary land , he saith , transeat ( non redeat ) in manum regis . all this is nothing in our case ; for i declared in the beginning that our question was fix'd upon such feuds as the law of england taketh notice of at this day , that is , of feuds after they were become hereditary and perpetual , not of those mention'd by gerardus niger , which were temporary as at will of the lord , or for years , or for life , like them here intended by canutus . this very law observeth the difference , and discovereth also that feuds were not hereditary in his time , and therefore giveth the feodal land , being but a temporary estate , back unto the lord ( in whom the reversion was by inheritance ) as a feodal right , but giveth the hereditary lands unto the king as a regal escheat ; for that there was no mean or intervenient lord to claim them by any feodal tenure , for that the hereditary lands among the saxons ( otherwise called bocland ) were holden of no body , nor subject to any feodal service , ( as we have often declared ) and could not therefore escheat unto any feodal lord. the kentish custom of the father to the bough and the son to the plough , suggesteth as much , and sheweth also to have been the general use of england , till the conquerour introducing hereditary feuds , put upon us therewith these greater feodal servitudes of wardship , marriage , escheats , &c. so that the hereditary lands not being feodal in the saxon's time , nor the feodal lands hereditary ; there could then be no feodal escheats among them . and i take it to be considerable whether the land resumed by the lord upon his vassal's running away , be properly an escheat by the law of canutus , or rather a penalty only impos'd in this particular case . chap. xxiv . thaneland and reveland what : no marks of tenure but distinctions of land-holders . there is yet another assertion , rather shewed than proved , that the thani majores or king's thanes , held by personal service of the king's person by grand serjanty or knights-service in capite . and the reason following is , that the land so held was in those times called thane-land , as land holden in socage was called reveland : so frequently in doomsday , haec terra fuit terra regis edwardi thainland , sed postea conversa est in reveland ; coke's instit . § . . thus the report dischargeth it self upon my lord coke , whose words be these , it is to be observ'd that in the book of doomsday , land holden by knights-service was called thainland , and land holden by socage was called reveland . i reverence the opinion of that famous lawyer with admiration , but i suppose he speaketh not this ex tripode juridico . for it is impossible , that it and that which is before deliver'd out of the very charters of the saxon kings themselves , should stand together , viz. that their thanelands should be liberae ab omni seculari gravedine , and yet be subject to that which of all other was most grievous , viz. our knights-service in capite . it may be answered , ( as the report in another place delivereth positively ) that tenure in capite cannot be transferred or extinct by release or grant ; for it is an incident inseparably annexed to the crown . the answer were good if once they had made it appear that both this tenure and this law were in force in the saxons time . there is nothing shew'd to prove that suggestion , and were it true i should desire no better argument on my behalf than what the place it self bringeth with it . for if thaneland were converted into reveland , and that reveland signify socage-land , then it is as manifest as the sun , that tainland did not signify land holden by knights-service in capite ; for if it did , then could it not decline into socage-tenure , as their own maxime doth demonstrate . if there be a cloud before this sun , i shall remove it also . my lord coke citing this place out of doomsday , noteth in the margin herefords● . but delivereth both the title and the text by halfs . the title is hereford . rex . the text thus : haec terra fuit tempore edwardi regis tainland , sed postea conversa est in reveland . et idem dicunt legati regis quod ipsa terra & census qui inde exit , furtim aufertur regi . the very title discovers the tenure , for if it be terra regis , ( as the word rex declareth it ) then it is plainly ancient demesne , and every lawyer will tell us , that in ancient demesne there was no tenure by knights-service , but wholly in socage . so that this cloud now vanisheth into the air , and our tainland is clearly discovered to be but socage . i shall speak more of it afterwards . but what construction shall we now find for the words in doomsday , tainland conversa est in reveland . ( hoc opus , hic labor est . ) it is sufficient for me to have quit my self of the objection , they must seek some new interpretation . yet will i help them what i can in that also : i suppose that the land which is here said to have been thaneland , t. e. r. and after converted into reveland : was such land as being reverted to the king after the death of his thane , who had it for life , was not since granted out to any by the king , but rested in charge upon the account of the reve or bailiff of the mannour , who ( as it seemeth ) being in this lordship of hereford , like the reve in chaucer , a false brother , concealed the land from the auditor and kept the profit of it to himself ; till the surveiors , who are here called legati regis , discovered this falsehood and presented to the king , that furtim aufertur regi , as by the words in the latter part of the paragraph ( which my lord coke reciteth ) appeareth . besides all this , why should the coming of these lands into the reve's accompt , alter the nature of the tenure , seeing all men know that the reves and bailiffs of mannours govern and dispose the lands thereof , as well which are holden by knights-service as those in socage . as for the old french ms. custumary ( which they affirm doth mention tenures by knights-service , long before the saxons even in the time of the britains ; ) i doubt not but there may be such a passage in it ; for the law which they ascribe to edward the confessour for proving feuds to be in use in his time , affirmeth also that the laws , dignities , liberties , &c. of the city of london were at that day the same which were in old great troy. but as they in the report wave the one , so i take them both for romances , and pass them over as not worth an answer . having thus particularly answered every argument , inference and objection , produced in the report , to prove our feuds and form of tenures to have been in use amongst our saxons ; i shall now conclude that it neither was nor could be so , unless we shall assume that our poor illiterate saxons ( in a corner of the world ) were the authors of the feodal law , and gave the precedent thereof to the germans , longobards , french , italians , and the empire . for in none of these was it otherwise extant ( till about the end of our saxon monarchy ; ) then by such budds and branches as we formerly have expressed out of caesar , tacitus , and some other . chap. xxv . how the saxons held their lands , and what obliged them to so many kinds of services . it cometh now in question , how the saxons held their lands , and what obliged them to that multitude of services which lay upon them both in war and peace . as for tenures , i still say that they had not the name in use among them , yet ( like the jews , the greeks , the romans , and other ancient nations ) a multitude of services , whereof some were personal , and some praedial . personal services were those which a man did for his person or personal estate , either generally to the king and common-wealth in publick occasions , as in the trinodi necessitate , &c. or particularly to his own lord upon particular agreement between them , like the commendati before mentioned , and some ministerial officers and domestick servants . praedial service was that which was done after the same manner ( to the king or his lord ) for land only ; and this was of three sorts , alodial , beneficiary , and colonical . alodial service was that which the greater thanes and other who had alodial land ( otherwise called bocland , and as i take it gavelkind and hereditary land ) were tyed to do pro bono publico to the king and common-wealth , in respect of those lands ; tho' by the feudal law that kind of land was free from all tenure and feodal service . i should not therefore use this solecism to call them services , if the dialect of our law afforded me some other fit expression ; but the saxons themselves term'd them land-rights not services , of which sort were the trinodis necessitas of expedition , burghbote and brigbote , the guarding of the sea and of the peace , attendance upon the king's summons for his park or palace before expressed , and besides them all the tribute of danegelt , &c. beneficiary services were those , which were done by the midling or lesser thanes to the king , and the greater thanes either militarily in war , or ministerially in peace , for those portions of out-land , which being granted to them temporarily ( as at will of the lord or for life or lives ) were then called beneficia , but being extended after to perpetuity , they were named by the normans feoda . the creation , manner , variety , and multitude of them , you shall see in the charter of bishop oswald , by and by ensuing . colonical services were those which were done by the ceorls and socmen , ( that is , husbandmen ) to their lords ( the king and thanes ) of all sorts , for some portions also of their out-lands . these were after called feoda rustica beyond the seas , with us socage-lands , and were holden at pleasure of their lords either by rendring part of the profits thereupon growing or reared , as victuals especially , in saxon called feorms , &c. ( whereof see the rates in the laws of king ina , chap. . ) or by doing some works of husbandry upon the lord's inlands now called his demeans , as tillage , carriage , harvest-works , &c. among all these diversities of services , none cometh so near to the nature of feuds and tenures , as the beneficiary do . let us therefore consider them the more seriously by that notable pattern of them left unto us from bishop oswald , who dividing much of the land of his church of worcester into those kind of portions , which after the feodal word then in use he called beneficia , granted the same unto his thanes and followers , not by the name of his milites or tenentes , but of his fidos subditos , for the term of three lives ( according to the manner which they retain in those parts even to this day ) and reserving to his church and successors not homagium & s●rvitium , the material words in tenure to create knights-service in the feodal law , but the services mentioned in his charter secundum conventionem cum eis factam & sponsionem suam , as the very words are there expresly . but hear the charter or rather epistle as he himself calleth it , which the king confirmed and a councell . the aranga or preamble of it is a thankful acknowledgement of king edgar's bounty and goodness to him ( the bishop ) and his church ; the conclusion ( after the manner of those times ) a curse and heavy imprecation against all such as shall spoil or violate the same . both which being long and nothing to our purpose , i think convenient here to pretermit . the rest is as followeth under the title given it in the manuscript . chap. xxvi . the charter whereby oswald bishop of worcester disposed divers lands of his church after the feodal manner of that time , entituled , indiculum libertatis de oswaldes-lawes-hundred . domino meo charissimo regi anglorum edgaro , ego oswaldus wigorniensis ecclesiae episcopus , &c. quare quomodo fidos mihi subditos telluribus quae meae traditae sunt potestati per spatium temporis , trium hominum id est duorum post se haeredum , condonarem , placuit tam mihi quam ipsis fautoribus & consiliariis meis , cum ipsius domini mei regis licentia & attestatione , ut fratribus meis successoribus scil . episcopis per chirographi cautionem apertius enuclearem , ut sciant quid ab eis extorquere juste debeant secundum conventionem cum eis factam , & sponsionem suam ; unde & hanc epistolam ob cautelae causam componere studui , nequis malignae cupiditatis instinctu hoc sequenti tempore mutare volens , abjurare a servitio ecclesiae queat . haec itaque conventio cum eis facta est , ipso domino meo rege annuente , & sua attestatione munificentae suae largitatem roborante & confirmante , omnibusque ipsius regiminis sapientibus & principibus attestantibus & consentientibus , hoc pacto eis terras sanctae ecclesiae sub me tenere concessi : hoc est ut omnis equitandi lex ab eis impleatur , quae ad equites pertinet , & ut pleniter persolvant omnia quae ad jus ipsius ecclesiae juste competunt , scil . ea quae anglice dicuntur ciricsceott & toll , id est thelonium , & tacc id est swinseade , & caetera jura ecclesiae , nisi episcopus alicui eorum quid pardonare voluerit , seseque quamdiu ipsas terras tenent in mandatis pontificis humiliter cum omni subjectione perseverare etiam jurejurando affirment . super haec etiam ad omnis industriae episcopi indigentiam semet ipsos praesto impendant , equos praestent , ipsi equitent , & ad totum piramiticum opus ecclesiae calcis atque ad pontis aedificum ultro inveniantur parati . sed & venationis sepem domini episcopi ultronei ad aedificandum repperiantur , suaque quandocunque domino episcopo libuerit venabula destinent venatum . insuper ad multas alias indigentiae causas quibus opus est domino antistiti saepe furnisci , sive ad suum servitium sive ad regale explendum : semper illius archiductoris dominatui & voluntati qui episcopatui praesidet , propter beneficium quod illis praestitum est , cum omni humilitate & subjectione subditi fiant , secundum ipsius voluntatem , & terrarum quas quisque possidet quantitatem . decurso autem praefati temporis curriculo , viz. duorum qui post eos qui eas mode possident haeredum vitae spatio , in ipsius antistitis sit arbitrio , quid inde velit , & quomodo sui velle sit inde ita stet , sive ad suum opus eas retinere si sic sibi utile judicaverit , sive eas alicui diutius praestare , si sic sibi placuerit , velit , ita duntaxat ut semper ecclesiae servitia pleniter ( ut praefati sumus ) inde persolvantur . ast si quid praefatorum delicti praevaricantis causa defuerit jurum ; praevaricationis delictum secundum quod praesulis jus est , emendet : aut illo quo antea potitus est dono & terra careat . siquis vero diabolo instigante , &c. the sum of all aforesaid is , that the bishop's tenant shall pay and do as followeth . first , that they shall perform all duties that belong to horsemen . that they shall pay all things that are due unto the church , and perform all other rights that belong to it . that they shall swear to be in all humble subjection at the command of the bishop , as long as they shall hold these lands of him . that as often as the occasion of the bishops shall so require , they shall present themselves to be ready for it , and shall both furnish him with horses and ride themselves . that of their own accord they shall be ready to perform all the work about the steeple of that church , and for the building of castles and bridges . that they shall readily help to fence in the bishop's parks , and to furnish him with hunting weapons , when he goeth a hunting . that in many other cases when the occasion of the lord bishop shall require , whether it be for his own service or for the king's service , they shall in all humbleness and subjection be obedient to the chief captain or leader of the bishoprick , for the * benefit done unto them , and the quantity of land which every one of them possesseth . that after the expiration of the three lives , the land shall return again to the bishoprick . that if there be any defect in performing the premisses by reason that some shall vary or break the agreement , the delinquent shall make satisfaction according to the justice of the bishop , or shall forfeit the land which he had of his gift . i suppose that this was the common manner of grants and reservations in those times , and that they were not made otherwise than for life or three lives , for so i find them in the abby-books . and i also suppose that they to whom these lands were granted , were the thani episcopi & thani ecclesiae , spoken of in doomsday-book , and that the lands themselves were such as in the same book are usually called thain-lands , ecclesiae , episcopi and abbatis . but i see they were laden with many services which the lands of the king's thane , in respect of his dignity and person , were free from . therefore when this very bishop by another charter granted tres cassatas , three hydes of land in cungle , cuidam ministro regis , to one of the king's thanes nam'd alfwold , and to his mother ( if she surviv'd ) during their lives : he put no service upon the king's thane , but saith plena glorietur libertate , excepta expeditione rata , pontis arcisve constructione : the common exception in grants unto the kings thanes as before appeareth ; and yet the services thereby excepted belonged not either to the bishop or the king himself , otherwise than pro bono publico and common necessity . after all this i beat still upon the old string , that here yet is nothing to prove wardship or marriage , or ( as the law then stood ) a tenure by knights-service : for we have made it manifest that expedition and building of castles and bridges were no feodal services nor grew by tenure . and as for these that were tyed to ride and go up and down with their lord , baraterius an old feudist saith , that a knights fee may be given so ut vassallus in diebus festivis cum uxore domini ad ecclesiam vadat , and the feudal law it self inferreth as much , lib. . tit. . but our bracton speaking of our law here in england ( de invest . feud . ) in his time touching such tenants , calleth them rodknights alias radknights , lib. . cap. . nu . . ut siquis debeat equitare cum domino suo de manerio in manerium ; and saith not that it is knight-service , but that it is a serjantie , and that although such sometimes do homage , yet the lord shall not have ward and marriage . admit notwithstanding that it were knight-service , and that the lands thus holden were knights fees during the life of the tenant , yet where is the wardship , marriage and releif ? who shall undergo these servitudes , since the tenure and all the services are determin'd with the life of the tenant ? chap. xxvii . inducements to the conclusion . seeing then that neither the greater thanes nor the lesser thanes among the saxons were subject to the rules of our knight-service : upon whom then ( if it were in use among them ) did it lye ? for as touching the clergy it is said in the laws of edw. the confessor , cap. . that the king and the people magis in ecclesiae confidebant orationibus quam in armorum defensionibus . and the report it self confesseth ( pag. . in pede ) that the possessions of bishops and abbots were first made subject to knight-service in capite by william the conqueror in the fourth year of his reign : for their lands were held in the times of the saxons , in pura & libera eleemosyna , free ab omni servitio seculari , &c. though this be not true in the latter part , ( being strictly taken , ) for no doubt their lands were subject to the trinodi necessitati , viz. expeditioni , pontis arcisque constructioni ( as before appeareth , ) yet cometh it very fitly to my purpose : for hereby it is evident that if the trinodis necessitas made no tenure by knight-service or in capite in the church lands , then neither did it in the thane-lands ( as before we have shew'd ) and then much less in the land of churles and husbandmen commonly call'd the socmanni ; for it is agreed on all hands that their lands were holden no otherwise than by socage . therefore if all kent in the saxon's time were gavelkind , then could there be no tenures by knight-service in all that county . for glanvil ( lib. . c. . ) telleth us , that where the inheritance is divideable among the sons , it is socage : and his reason is , because that where 't is holden by knight-service the primogenitus succedit in toto . this kentish custom was ab initio the general law of england , and of all nations , jews , greeks , romans , and the rest , and so continueth even till this day , where the feodal law hath not altered it ; which first happen'd here in england , when the normans introducing their feuds settled the whole inheritance of them upon the eldest son , which the ancient feodal law it self did not ( as we before have noted ) till feuds were grown perpetual . the reason as i take it that begat this alteration , was for that while the feud did descend in gavelkind to the sons and nephews of the feodatorie , the services were suspended till the lord had chosen which of the sons he would have for his tenant , and then it was uncertain whether the party chosen would accept of the feud or not ; for sometimes there might be reasons to refuse it . to return where i left ; it makes to the proof of all this that has been said , and ( for conclusion ) seems to be unanswerable , that the old inheritance which in the saxons time belong'd to the crown , called in doomsday terra regis , and in the law books antient demesne , containing a great part of every county , had not any lands within it ( or within any mannor thereof ) holden by knight-service . for fitz-herbert saith , that nul terres sont antient demesne forsque terres tenus en socage . and therefore if the tenant in ancient demesne will claim to hold of the lord by knights-service , it is good cause to remove the plea , because that no lands holden of a mannor which is antient demesne are holden by other services of the lord than by socage : for the tenants in antient demesne are call'd socmanni , that is to say , tenants del carve , angl. le plough . thus far fitz-herbert . now if in the mannors of the king himself , there were then no lands holden by knight-service throughout all england , it will then in all probability follow , that there were none likewise among his subjects in the saxons time , and consequently that our feudal law was not introduc'd before the conquest . mr. cambden by their own confession is of the same opinion ; and mr. selden himself , whom they alledge against me , is clearly with me ; as before i have shew'd . if these our three opinions avail nothing , we have yet a fourth to strengthen us , great bracton the most learned in our ancient laws and customs , that hath been in this kingdom ; who speaking of forinsecum servitium as the genus to these tenures , saith , lib. . cap. . nu. . fol. . a. that it was call'd regale servitium , quia spectat ad dominum regem , & non ad alium , & secundum quod in conquestu fuit adinventum . here bracton also refers the invention to the conquest , but the report waveth his opinion as well as ours , notwithstanding his great knowledge , and that he liv'd nearer to the conquest by two third parts of the time than we do . well , there is yet an elder , and one that might see some that liv'd in the conqueror's time , the author of the black-book of the chequer : who speaking of the saxon laws and those of the conqueror saith , cap. . fol. . b. quasdam reprobavit , quasdam autem approbans , illis transmarinas neustriae ( id est normanniae ) leges quae ad regni pacem tuendam efficacissimae videbantur , adjecit . what were those neustrian laws or what could they be ( in all the books of the law ) for preserving peace , save military tenures ? and the exchequer it self , where the cognisance of all these tenures lyeth , was brought in also by the conqueror . but ingulphus the abbot of croyland , liv'd long in the conqueror's time , and was one of his domesticks or familiars , as he termeth himself . and by him it appeareth that the conqueror not only generally dispossess'd the saxons and gave their lands to his normans and others , but chang'd also their manner of conveyance , the form of their charters , and the course of making knights , whereupon all the rules of knight-service have since depended , see his words p. . for at that time miles & per militiam tenens were all one by glanvils testimony , lib. . ca. . p. . but when all fails , i hope they will believe the conqueror himself , who in a charter of his laws and a great council of the kingdom , which we now call a parliament , publish'd by mr. lambard , useth these words . statuimus & sirmiter praecipimus , ut omnes comites , & barones , & milites , & servientes , & universi liberi homines totius regni nostri praedicti , habeant & teneant se semper bene in armis , & in equis , ut decet & oportet . et quod sint semper prompti & parati ad servitium suum integrum nobis explendum & peragendum , cum semper opus adfuerit , secundum quod nobis debent de feodis & tenementis suis de jure , facere , & sicut illis statuimus per commune consilium totius regni nostri praedicti , & illis dedimus & concessimus in feodis jure haereditatio . hoc praeceptum non sit violatum ullo modo super forisfacturam plenam . here the word statuimus , &c. sheweth that it was the conqueror's institution , and concessimus in feodis jure haereditario , implyeth that feuds were not hereditary before this grant . but there may lye the same objection against it which my self made against the like in edw. the confessor's laws , that it is in a differing letter from the rest of the text , and not found in the copy left unto us by roger hoveden . i acknowledge it , but i see that here every thing agreeth with the manners , laws , time , and idiom of the conqueror . and i conceive that it is fallen out as it did of old in the councils of nice and sardis , and many other too , several councils to be joyn'd together . for hoveden mentioneth his copy to be decretum in civitate claudia , that is gloster : but lambard his , to be in civitate londra , london : so that they seem two several constitutions made at several times and places , and here put together into one . howsoever it be , 't is very observable ; for it discovereth that which elsewhere we meet not with so perspicuously related , that the great dignities of earls and barons or ministerial thanes , which before were arbitrable or but for life , and those also of the lesser sort ( which enjoy'd the knights fees no otherwise than in the same manner ) were either now erected with us or made hereditary , according to the testimony of the feodal law before recited . 'till now therefore there could no wardship , marriage , releif , or other feodal servitudes ( thereupon depending ) be amongst us ; nor could the word feodum be taken for haereditas , the one being formerly contrary to the other . for cujacius and the feudists , feud . lib. . tit. . p. . make proprietas , alodium , & haereditas to be all one in feodal sense ; and feodum to be contrary to them all , as res alienae proprietatis , servituti obnoxia , & successionis coercitae ; and being until this time not hereditary but arbitrable . the course being thus chang'd by the conqueror , was presently pursued here in england according to the norman manner as appeareth in doomsday , where it is said , habet — in eodem feudo de w. comite radulpho de limes . carucat ▪ terrae sicut fit in normannia . he joyneth normannia with feudum , as to shew us whence it came , and where we should see the pattern of it . the old saxon manner of dividing the kingdom by hydes , and levying souldiers according to the hydes , grew now out of use ; and instead thereof the kings wars to be supplied by knights fees , the number whereof shortly after were accompted , as sprott the monk of canterbury relateth , to . and of them he saith . were in the clergies hand . the normans also chang'd the name of an hyde of land and call'd it carruè a plough land , and as it seemeth in erecting and laying forth their knight's fees , assign'd ordinarily two carrues or plough land to a knights fee. for 't is noted out of the black register of st. edmunds-bury , that will. the conqueror gave to baldwin then abbot there , octoginta carucatas terrae unde feodaret quadraginta milites . and according to the rate of so much land in those times , is a knights fee at this day valued in the law books but at five pounds . chap. xxviii . the conclusion . i will wander no further in this argument ; i suppose i may be bold ( out of that which is already said ) to conclude that i was not mistaken in referring the original of our feuds in england to the norman conquest : and that my conjecture doth not cross the force of any law. but now i come to an end , i must discover a great mistaking committed by him that drew the breviate for the reverend judges ; for he hath made us all on both sides , like pan in ovid , to towse a reed-sheaf instead of syrinx , or like ixion to embrace a cloud instead of juno , to labour much about a surmis'd assertion of his own , instead of that which i deliver'd . the truth is , i have no where refer'd the original of feuds in england to the norman conquest . nay , when i spake of them , i said habentur plurima , quae apprime huc conducunt in anglo saxonum nostrorum legibus , and this i still affirm ; but my words which he hath much perverted are these , feodorum servitutes in britanniam nostram primus invexit gulielmus senior . it was neither my words nor my meaning to say , that he first brought in either feuds or military service in a general sense , but that he brought in the servitudes and grievances of feuds , viz. wardship , marriage , and such like , which to this day were never known to other nations that are govern'd by the feodal law. there is great difference between servitia militaria and servitutes militares : the one , heroick , noble and full of glory , which might not therefore be permitted in old time to any that was not born of free parents ; no , not to a king's son ( as appeareth in virgil , ) wherein our saxons also were very cautelous , and accounted a souldiers shield to be insigne libertatis : the other , not ignoble only and servile , but deriv'd even from very bondage . let not this offend : i will say no more . . julii . finis . two discourses : i. of the ancient government of england . ii. of parliaments . by sir henry spelman kt. publish'd from the original manuscripts . sapientia , & disciplina , & scientia legum apud deum : dilectio & via bonorum apud eum . wisdom , and knowledge , and understanding of the law are of god : and love and good works come of him . ecclus . . . of the ancient government of england . to tell the government of england under the old saxon laws , seemeth an vtopia to us present ; strange and uncouth : yet can there be no period assign'd , wherein either the frame of those laws was abolished , or this of ours entertained ; but as day and night creep insensibly one upon the other , so also hath this alteration grown upon us unsensibly , every age altering something , and no age seeing more than what themselves are actors in , nor thinking it to have been otherwise than as themselves discover it by the present . like them of china , who never travailing out of their own countrey ; think the whole world to extend no further . as one therefore that hath coasted a little further into former times , i will offer unto you a rude mapp thereof ; not like those of the exquisite cosmographers of our later ages , but like them of old , when as neither cross sails nor compass , were yet known to navigators . our saxons , though divided into many kingdoms , yet were they all one in effect , in manners , laws , and language ; so that the breaking of their government into many kingdoms , or the reuniting of their kingdoms into a monarchy , wrought little or no change amongst them touching laws . for though we talk of the west-saxon law , the mercian law , and the dane law , whereby the west parts of england , the middle parts , and those of norfolk , suffolk , and the north , were severally governed ; yet held they all an uniformity in substance , differing rather in their mulct than in their canea , that is in the quantity of fines and amercements , than in the course and frame of justice . therefore , when all these kingdoms grew into one monarchy , as under alured , ethelstane , edgar , &c , this bred no notable innovation in any of them ; for the king had no new law to impose upon his new subjects , nor were his new subjects unacquainted with his form of government ; having always liv'd according to the same . so that when edward the confessor came to take away these small differences that were between these three laws , he did it even in these fickle and unconstant times without all tumult or contradiction ; making that his alteration famous rather by the new name , than by the new matter . for abolishing the three particular names before-mentioned , he now call'd it the common law of england , for that no part of the kingdom should henceforth be governed by any particular law , but all alike by a common law. but insomuch as this common law is but the half arch of the government , tending only to the temporal part thereof , and not unto the ecclesiastical ; i cannot well present the one without the other , and must therefore make a project of the whole arch , that so the strength and uniformity of both the parts may the better be conceived . as therefore each side of an arch descendeth alike from the coane or top-point ; so both the parts of that their government was alike deduced from the king , each of them holding correspondency one with the other ( like two loving sisters ) both in aspect , and in lineaments . to begin with the right side or eldest sister : the estate ecclesiastical was first divided into provinces : every province into many bishopricks : every bishoprick into many arch-deaconries : every arch-deaconry into divers deanries : every deanry into many parishes . and all these committed to their several governours ; parsons , deans , arch-deacons , bishops and arch-bishops ; who , as subordinate one to the other , did not only execute the charge of these their several portions : but were accoumptant also for the same to their superiours . the parson as ima species , was to hear and determine the breaches of god's peace , of love , and charity , within his parish : to reprove the inordinate life of his parishoners : and tho' he could not strike with the ecclesiastical sword , yet might he shake it against them by enjyoning notorious offenders to contrition , repentance , satisfaction ; and sometime by removing them from the blessed sacrament . the dean , to take cognisance of the life and conversation of the parsons and clergy-men of every parish within his deanry : to censure breach of church-peace , and to punish incontinent and infamous livers by excommunication , pennance , &c. and because there could be no breach of the king's peace ; but it must also break the peace and unity of the church ; the bishop's dean , in whose deanry the peace was broken , had in some cases s. for his part of the mulct , or fine thereof ; as appeareth ll. ed. confess . cap. . the arch-deacon , drawing nearer to the bishop , drew the more preeminence from him , and was his coadjutor in the ordination of clarkes , having a superintendent power over all parochial parsons within every deanry of his precinct . the bishop , as the greatest orb of the diocess , had jurisdiction and coertion through the same , in all ecclesiastical causes , and on all persons ; except monasteries exempted . and for this purpose had two general synods in the year , wherein all the clergy of his diocess assembled for determining matters touching the church , as well in faith , as in government . but the arch-bishop ( to bind up this golden fagot in the band of union and conformity ) comprehended all the bishops of his province sub pallio suae plenitudinis , or sub plenitudine potestatis ; having supreme jurisdiction to visit and reform in all their diocesses whatsoever was defective or omitted . that by this means no transgression might break through so many wards , but if it escaped the sword of hasael , jehu might slay it ; or if it passed them both , yet elisha might light upon it . this was the modell of the church policy ; composed no doubt out of that fundamental rule of government prescribed by jethro unto moses : appoint rulers over thousands , over hundreds , over fifties , and over tens . according to the steps whereof the state temporal did likewise take her lineaments . for the temporal government was likewise divided into satrapies or dukedoms , which contained in them divers counties ; the county divers lathes or trithings ; every trithing divers hundreds or wapentakes ; every hundred divers towns or lordships , shortly after called baronies . and the government of all these were committed to their several heads ; viz. towns or mannours to the lords thereof , whom the saxons called theings , after barons ; hundreds to the lords of the hundreds : trithings or lathes to their trithingreves ; counties to their earls or aldermen ; and the larger satrapies to their dukes or chief princes . all which had subordinate authority one under the other ; and did within the precinct of their own territories minister justice unto their subjects . for the theinge or lord of the town , ( whom the normans called a baron ) had of old jurisdiction over them of his own town , ( being as it were his colony ; ) and as cornelius tacitus saith , did agricolis suis jus dicere . for those whom we now call tenants , were in those ancient times but husbandmen dwelling upon the soil of the lord , and manuring the same , on such conditions , as the lord assigned ; or else such as were their followers in the wars , and had therefore portions of ground appointed unto them in respect of that service ; which portion was thereupon called a knights-fee , for that a servant in the war , whom the saxons called a knight , had it allotted unto him as the fee , or wages of his service . neither at the first had they these their fees , but at the lord's pleasure , or for a time limited ; and therefore both these kinds of military and husbandmen dwelling upon the town or colony of the lord , were ( as in reason they ought ) under the censure and will of their lord touching the lands they ocucpy'd ; who therefore set them laws and customs , how and in what manner they should possess these their lands ▪ and as any controversy rose about them , the lord assembling the rest of his followers , did by their opinion and assistance judge it . out of which usage , the court-barons took their beginning , and the lords of towns and mannours gain'd the priviledge of holding plea and jurisdiction within those their territories over their tenants and followers ; who thereupon are at this day called sectatores , in french suitres , of suivre to follow . but the saxons themselves called this jurisdiction sacha and soca , signifying thereby causarum actionem and libertatem judicandi ; for sacha signifieth causa , in which sense we yet use it , as when we say , for god's sake ; and soca signifieth liberty or priviledge , as cyri●socne , libertas ecclesiae . but by this manner the lords of towns ( as ex con●●etudine regni ) came to have jurisdiction over their tenants and followers , and to hold plea of all things touching land . but as touching cognizance in criminal matters , they had not otherwise to meddle therewith than by the king's charters . for as touching the king's peace , every hundred was divided into many freeborgs or tithings consisting of ten men , which stood all bound one for the other , and did amongst themselves punish small matters in their court for that purpose , called the lete ; which was sometime granted over to the lords of mannours , and sometime exercised by peculiar officers . but the greater things were also carryed from thence into the hundred courts ; so that both the streams of civil justice , and of criminal , did there meet , and were decided by the hundreds , &c , as by superiour judges both to the court baron , and court leet also . edward the confessor ( ll. ca. . ) saith , that there were justices over every ten freeborgs , called deans , or tienheofod , ( that is , head of ten ) which among their neighbours in towns compounded matters of trespasses done in pastures , meadows , corn , and other strifes rising among them . but the greater matters , saith he , were referred to superiour justices appointed over every ten of them , whom we may call centurions , centenaries , or hundradors , because they judged over an hundred freeborgs . the lord of the hundred therefore had jurisdiction over all the towns of the hundred , as well in criminal matters , as in civil ; and they that failed of their right in the court barons , tithings , or leets , might now prosecute it here before the lord of the hundred , and his followers , called the suitors of the hundred , which were the lords and owners of lands within that hundred : who were tyed to be there at every court ; which as appeareth by the laws of h. i. ca. . was to be holden twelve times in the year , that is , once every month : but especially a full appearance was required twice in the year ; in memory whereof the suitors are at this day called at our lady and michaelmass courts , by the steward of the hundred . these ( as i said before ) held piea of trespasses done in pastures , meadows , corn and such like , and of other strifes arising between neighbour and neighbour , and ( as by and by also shall be shewed ) of criminal matters , touching the very life of a man. decrevit tum porro aluredus , &c. king alured then further decreed , that every free-man should be settled in some hundred and appointed to some freeborg or tithing , ( as did also canutus ll. par . . cap. . ) and that the heads of these tithings or freeborg ( whom we now call capitales plegii ) should judge the smaller matters ( as in leets , &c. ) but should reserve the greater for the hundred court ; and those of most difficulty , to the alderman and sheriff in the county court , lamb. voc . centuria . the order of which proceedings in the hundred court do there also appear out of the laws of king ethelred made in a great assembly at vanatinge cap. . in singulis centuriis comitia sunto , &c. let the courts be holden in every hundred , and let twelve men of the elder sort together with the reve ( of the hundred ) holding their hands upon some holy thing , take their oath that they shall neither condemn any man that is innocent , nor quit him that is guilty . and it seemeth by the laws of canutus , ( par . . cap. . & . ) that a man was not to be delayed above three court days from having his right : for if he were , he might then resort to the county ; and if he obtained it not there within four courts , then he might seek unto the king. and no doubt , but this law opened a great gap for the carrying of matters from the hundred and county courts up to the king 's court. the jurisdiction also of this court seemeth to be further abated by h. i. who , tho' he establish'd the ancient manner of holding it ; yet pulled he from it some principal parts thereof ; as after shall appear in a writ of his , touching this and the county court , directed to the sheriff of worcester , ( ms. co. pa. inter . & . ) the thrithingreve or leidgreve ( whom i take to be the same called in the salic laws tungimus ; but doubt whether he or no , that in our laws of h. i. is called thungrevius ) was an officer that had authority over the third part of the county , or three or more hundreds , or wapentakes ; whose territory was thereupon called a thrithing , otherwise a leid or lath ; in which manner the county of kent is yet divided : and the rapes in sussex seem to answer the same : and perhaps the ridings also of yorkshire ; being now corruptly so called for tridings or thrithings . those things therefore that could not be determined in the hundred-courts either for difficulty or miscarriage thereof ; were from thence brought unto the trithing : where all the principal men of three or more hundreds being assembled , did debate and determine it : or if they could not , did then send it up nnto the county court to be there decided , as in parliament , by the whole body of the county . this appeareth by the laws of edward the confessor ( cap. . ) where it is said , erant & aliae potestates super wapentachia , quas vocabant ðriðingas , &c. that is , there were other jurisdictions over wapentakes ( or hundreds ) which they called thrithings , because they contained a third part of the province ( or county . ) and those that governed these thrithings , were thereupon called thrithingreves : before whom were brought all causes that could not be determined in the wapentakes or hundreds . tho' i find no such division of our county of norfolk ; yet i see the use thereof remained there , both till and after the times of the conquest . for william rufus in a controversie of the abbot of ramsie's about the town of holme in norfolk , sent his writ to h. chamberlyn then trithingreve , ( as it seemeth ) over that part of the county , commanding him to assemble three hundreds and an half at a place called fli●ham-burrough , ( which to this day beareth that name , and is the site of the hundred of frebridge ) there to determine the said controversie : which writ for reviewing of the ancient customs of the kingdom , i will here adjoin , as it standeth in the book of ramsey abbey , sect. . willielmus rex angl. h. camerario salutem : fac convenire & consedere tres hundredos & dimidium apud flicceham-burgh propter terram illam de holm quae pertinet ad ringstedam , & quam abbas ramesiae reclamat ad victum & vestitum monachorum suorum : et si abbas poterit ostendere ratione & testimonio comprovincialium , quod antecessor illius eandem terram habuerit eo die quo pater meus fuit vivus & mortuus , tunc praecipio ut illam terram , & omnia quae juste pertinent ad abbathiam suam pacifice & honorifice habeat . teste r. bigod apud wind. out of which writ i conjecture that this h. camerarius to whom it was directed , might be trithingreve of that part of the county ; the rather for that the writ nameth him not vicecomes as in the next precedent it doth another man , viz. will. rex , o. vicecomiti salutem , &c. and that these three hundreds and an half were to be judges of the cause , it appeareth by the words fac consedere , that is , cause them to sit down together . for magistrorum & judicum est sedere , famulorum & ministrorum stare . therefore it is said , exod. . . moses sat to judge the people , and the people stood about him : whereupon hugo also noteth , magistrorum est sedere . to this purpose also is the law of h. i. ca. . si aliquis in hundr●… agendorum penuria * judicium , vel casu aliquo transferendum sit in d●us vel tres vel amplius hundredos respectetur justo fine claudendum . ( qu. ) but it seemeth that these judges were sworn to do right , as well as those before mentioned in the hundred court. and that our course now used for taking a jury out of many hundreds in the county , for tryal of a cause arising in one hundred , took the beginning from the tryal in the trithing , and that thereupon the trithing court grew out of use . the alderman of the county , whom confusedly they call an earl , was in parallel equal with the bishop , and therefore both their estimations valued alike in the laws of ethelstane at eight thousand thrymses . he was a man learned in the laws , and had the government of the whole shire , and cognizance over all inferiour courts and persons , both in civil matters and criminal . for which purpose he held his ordinary court by the shreve , once every month : and there resorted as suitors , and bound by duty , all the lords of mannours , and principal men of the county , with the rest of the free-holders , who were not only assistants , but judges with him of all matters there depending , whether entred there originally , or coming thither by appeal or provocation from the inferiour courts . ll. edw. senioris , cap. ult . ic ƿille ðat aelc geresa hebbe gemo●e , &c. i will that every sheriff hold his court about every four weeks , and that he do right equally to every man , and make an end of all suites , under the pain before expressed . as the bishop had twice in the year two general synods wherein all the clergy of his diocess of all sorts were ty'd to resort for matters concerning the church ; so also was there twice in the year a general assembly of all the shire for matters concerning the common-wealth ; wherein , without exception , all kind of estates were required to be present , dukes , earls , barons , and so downward , of the laity ; and especially the bishop of that diocess among the clergy . for in those days the temporal lords did often sit in synod with the bishops , and the bishops in like manner in the courts of the temporalty , and were therein ( as by and by shall appear ) not only necessary , but principal judges themselves ; ll. canuti regis , par . . ca. . the shyre-gemot ( for so the saxons called this assembly of the whole shire ) shall be kept twice a year ( and oftner if need require ) wherein the bishop and the alderman of the shire shall be present ; the one to teach the laws of god , the other the law of the land. this great assembly was by the laws of ethelstan ( ca. . ) to be proclaimed or published a sennight before hand ; and every man tyed thereupon to be present at it , and in the mean time either to satisfie the wrong he had done to another , or to undergo the penalty ; which if he refused , all he had was presently to be se●sed , and himself put to find sureties for his appearance to answer . but because this notable assembly ( otherwise called by the authors of that time mallum and placitum generale ) was the supreme court of county-justice , wherein all things of what sort soever were to be determined : we will take a little scope in description thereof : shewing first more particularly , who were bound to give their attendance here : then , what lay in cognizance of this court : and thirdly , in what steps they proceeded to the determination of the same . all which , because they cannot be more authentically delivered , then out of the law it self ; i will even from thence report it as it standeth in ll. h. i. ca. . sicut antiqua fuerat institutione formatum , &c. as it was devised by an ancient institution , and confirmed by true report , that the general pleas of the counties ought to be assembled in every province of england at certain places , and before certain judges , at certain times thereto appointed ; and that none should be put to further trouble unless the king 's own necessity , or the common good of the kingdom required it : therefore the bishops , earls , sheriffs , heretoches or marshals of armies , trithingreves , leidgreves , lieutenants , hundredors , aldermen , magistrates , reves , barons , vavasors , thungreves and other lords of land , must be all diligently attending ( at these assemblies ) lest that the lewdness of offenders , the misdemeanor gravionum ( i. of sheriffs ) and the ordinary corruption of judges escaping unpunished , make a miserable spoil of the people . first , let the laws of true christianity ( which we call the ecclesiastical ) be fully executed with due satisfaction ; then let the pleas concerning the king be dealt with ; and lastly , those between party and party ; and whomsoever the church-synod shall find at variance , let them either make an accord between them in love , or sequester them by their sentence of excommunication , &c. whereby it appeareth , that ecclesiastical causes were at that time under the cognizance of this court. but i take them to be such ecclesiastical causes , as were grounded upon the ecclesiastical laws made by the kings themselves for the government of the church ( for many such there were almost in every king's time , ) and not for matters rising out of the roman canons , which haply were determinable only before the bishop and his ministers . to proceed . before they entered into any causes ( as it is commanded in the laws of canutus which we mentioned , par . . ca. . ) the bishop ( to use the term of our time which from hence taketh the original ) gave a solemn charge unto the people touching ecclesiastical matters ; opening unto them the rights and reverence of the church , and their duty therein towards god and the king , according to the word of god and divinity . then the alderman in like manner related unto them the laws of the land , and their duty towards god , the king , and common-wealth , according to the rule and tenure thereof . of all which , because i find a notable precedent in a synodal edict made by carolus calvus emperour and king of france , ( in concil . carissiaco . an. dom. . ) i will here add it , not to shew that our saxons took their form of government from the french ; but that both the french and they , as brethren descending from one parent , the german , kept the rights and laws of their natural country . episcopi quinque in suis parochiis , & missi in illorum missaticis , comitesque in eorum comitatibus pariter placita teneant , quo omnes reipub. ministri , & vassi dominici , omnesque quicunque vel quorumcunque homines in iisdem parochiis & comitatibus sine ulla personaram acceptione & excusatione , aut dilatione conveniant , &c. that is , the bishops in their parishes ( or diocesses ) and the justices itinerant or aldermen in their circuits , and the earls in their counties , shall hold their pleas together : whereunto all ministers and officers of the common-wealth , all the king's barons and all other whatsoever they be , or whose tenants soever they be within the same parishes or counties , without any respect of persons , excuse , or delay , shall assemble together : and the bishop of that parish or diocess , having briefly noted sentences touching the matter out of the evangelists , apostles , and prophets , shall read them to the people , and also the decrees apostolick , and canons of the church ; and in open and plain terms shall instruct them all , what manner , and how great a sin it is to violate or spoil the church , and what and how great pennance , and what merciless and severe punishment it requireth ; with other accustomed , necessary and profitable admonishments . the aldermen also , or justices , shall note down such sentences of law as they call to mind ; and shall publish unto them the constitutions of us and our predecessors , kings and emperours , gathered together touching this matter . and the bishops by the authority of god and the apostles ; and the aldermen or justices , and earls , under the penalty of the king's laws ; shall , with all the care they can , prohibit every man of the kingdom from making any prey or spoil of the church , &c. of parliaments . when states are departed from their original constitution , and that original by tract of time worn out of memory ; the succeeding ages viewing what is past by the present , conceive the former to have been like to that they live in , and framing thereupon erroneous propositions , do likewise make thereon erroneous inferences and conclusions . i would not pry too boldly into this ark of secrets : but having seen more parliaments miscarry , yea suffer shipwrack , within these sixteen years past , than in many hundred heretofore , i desire for my understanding's sake to take a view of the beginning and nature of parliaments ; not meddling with them of our time , ( which may displease both court and country , ) but with those of old ; which now are like the siege of troy , matters only of story and discourse . because none shall go beyond me in this argument , i will begin with the foundation of kingdoms , which of necessity must be more ancient than parliaments , for that a parliament is the grand council of the kingdom assembled at the commandment of the king , for advice in matters of state. our first labour is then , to see what this grand-council was originally . it is confest on all hands , that the king is universal lord of his whole territories , and that no man possesseth any part thereof , but deriv'd from him either mediately or immediately . this derivation thus proceeded . the king in the beginning divided his whole territory into two parts , one to be manured by his own tenants and husbandmen ; then call'd socmen . for the kings of england us'd in those days to stock their grounds themselves , like the kings of israel ; and by the profits thereof especially , to maintain their hospitality , their court , and estate ; having in every mannour officers and servants for that purpose . this part was sacrum patrimonium the inseperable inheritance of the crown , call'd in doomsday terra regis , and in law the ancient demaine . and because it belong'd to the husbandry of the king , all that manur'd or held any part of this land , were said to be tenants in socage , and might not be drawn into the wars ; of which nature , as touching their tenure , they continue at this day . the other part of his whole territory he portioned out to military men ; which ( tho' the other was the more profitable ) yet this was always held for the more honourable , and therefore so divided this among his nobles and chief servants and followers for supportation in his wars and royal estate . to some in greater measure , to others in less , according to their merit and qualities . provinces to dukes , counties to earls , castles and signiories unto barons : rendring unto him , not ex pacto vel condicto ( for that was but cautela superabundans ) but of common right and by the law of nations ( for so i may term the feodal-law then to be in our western orb ) all feodal duties and services due from the donees and their heirs , upon every gift , grant , and alienation ; tho' no word were spoken of them . it appeareth by the feodal-law ( from whence all that part of our common-law that concerneth tee and tenures hath original , and which our common-law also affirmeth ; ) that there was always due ..... * those that thus receiv'd their territories from the king , were said to hold them in capite , for that the king is caput regni , and were thereupon call'd capitanei regis and capitanei regni , otherwise barones regis , the king's men , tenants or vassals : who having all the land divided amongst them , saving that which the king reserv'd to himself as sacrum patrimonium , were also call'd pares regni , and were always upon commandment about the person of the king , to defend him and his territories in war , and to counsel and advise him in peace , either judicially in matters of law brought before the king in his palace , which in those days was the only place of royal justice : or politically in the great affairs of the kingdom . hereupon , they were not only call'd praetorianum consilium , as belonging to the king's palace , but magnum concilium regis , and magnum concilium regni . for that in those times , it belonged only to them , to consult with the king on state-matters and matters of the kingdom ; insomuch as no other in the kingdom possessed any thing but under them . and therefore , as in despotical government , the agreement or disagreement of the master of the family concluded the menial and the whole family ; so the agreement and disagreement of the chief lord or him that held in capite , concluded all that depended on him or claimed under him , in any matter touching his fee or tenure . to this purpose , seemeth that in the laws of edward the confessor , ratified by the conqueror : debet etiam rex omnia ritè facere in regno , & per judicium proc●rum regni . these great lords , according to this archetype of government set them by the king , divided their lands in like manner among their tenants and followers . first , they assign'd a portion ad victum & vestitum suum , which they committed over to their socmen and husbandmen , to furnish them with corn , victuals , and provision for hospitality ; and briefly , all things necessary to their domestical and civil part of life . the residue they divided into as many shares or portions as might well maintain so many military men , whom then they call'd their knights , and thereupon the shares themselves knights-fees , i. e. stipendia militaria . and these fees they granted over to each of their principal followers , furnishing them with so many knights for the wars . these grantees that receiv'd their estates from the barons or capitanei and not from the king , were called valvasores ( a degree above knights , ) and were unto their lords ( the capitanei or barones regis ) as they the capitanei were unto the king : and did in like manner subdivide their lands among their socmen and military followers , who in old time were call'd valvasini ; whom i take to be the same at this day that are the lords of every mannour , if not those themselves that we call knights , as owners of a knights-fee . for in this , the feodal-law it self is doubtful and various , as of a thing lost by antiquity or made uncertain by the differing manners of several nations . insomuch , that valvasores and valvasini grew to be confounded , and both of them at last to be out of use , and no other military tenures to be known amongst us , than tenere p●r baroniam , and tenere per feodum militare . but in a charter of henr. i. it is said : si exurgat placitum de divisione terrarum , si interest barones meos dominicos , tractetur in curia mea ; & si inter vavassores duorum dominorum , tractetur in comitatu , &c. where the valvasores were also , and the barons themselves , suitors and attendants . bracton mentioneth them in henry iii's time , to be viri magnae dignitatis . nor was their memory clean gone in richard ii's days ; as appeareth by chaucer . yet do i not find in any of our ancient laws or monuments , that they stood in any classick kind of tenure , other than that we may account the baron , vavasor , and knight , to be ( as our lawyers at this day term them ) the chief lord , mesne , and tenant . but herein the feodal-law of our country differ'd from that of milan and other parts . for there the valvasini could invest ( which we call infeosse ) none under them in fee , that is , to hold of them by knights-service . and with us , every tenant par aval might in infinitum , till the statute of quia emptores terrarum , enfeoffe another by knight-service , and to do all the services unto him , that he did to his mesne lord. so that by this means , a line of knights-services might be created of a dozen , yea twenty mean-lords and tenants , wherein every of them might have his prochine tenant obliged unto him in the duties and services that his lord paramont , which held of the king , was to do and yeild unto the king himself for the same lands , viz. honour , ward , sustenance ,     safety , marriage ,   give keep   attendance , relief , counsel to aid , defence of his person , tribute , fidelity .   defence of his patrimony ,         all which in ancient time , while the feodal-law flourished , were well understood to be comprehended under the profession of homage and the oath of fidelity , which every feodal tenant ( or , as others call him , vassal ) usually did unto his lord. honour ; promis'd by the tenant upon his knees in doing homage : which tho' it be the greatest and most submiss service that a freeman can do unto his lord , yet the profession of it to the meanest subject is as ample and submiss ; yea , in the very same words that to the king himself . attendance ; to follow and attend him in the war at his own charge ; and in peace with suite of court. therefore tacitus calleth them comites . defence of his person ; for if he forsook his lord being in danger , it was forfeiture of life , land , and all he had . defence of his signiory ; that nothing of his lands , rents , or services , were withholden or withdrawn . profit by ward , marriage , and relief , as they fell . tribute by way of aid ; to make his eldest son a knight ; to marry his eldest daughter , ransom himself being taken prisoner ; yea , in some places to be an hostage for his lord. sustenance ; that being faln into poverty , ( according to that in the canon law spoken of a patron ) alatur egenus . counsel and advice ; in which respect the tenant was bound ordinarily once in every three weeks to come to his lord's court , and there as a judge ( with other of his peers ) to censure the causes of his signiory , and to direct his lord , as the cause occurrent did require , and always to keep his counsel . this to the meanest lord was in the nature of the king 's great court or counsel , call'd afterward a parlyment . fidelity ; for to all these was the tenant by knights-service ty'd by his oath of fealty , swearing to be feal and leal : as the oath was at those times interpreted as well by divines and canonists , as by feodists and lawyers . and as these were inherent to this tenure of common right ; so was there many other grievous exactions impos'd by the lords upon their tenants ; some by custom of the mannour ; some by composition upon granting the fee ; and many by signioral authority , as tho' the lord besides his legal power , might do some things ( like the king ) by prerogative . by custom , when the lord or lady came into the mannour , the bailiff was to present them oras denar . and every of their servants s. with some summs of mony as gratuities , ut essent laeti animo . that the tenants should pay d. for every daughter they married . it was an ordinary custom , that lords might take ( not only of their tenants , but of all the country thereabout ) victuals and all other necessaries for furnishing their castles ; which how grievous it was , may well enough be conceiv'd , tho' the statute that restrain'd it , did not testifie it . so other lords took provision for their houshold and hospitality , within their mannours . by composition ; as to have their tenants attend them with horse and man in their journies ; whom they call'd road-knights . to present them yearly at times , horses , hawks , and other things of profit and pleasure . by signioral authority ; as to lye and feast themselves and followers ( call'd coshering ) at their tenants houses ; and when any matter of extraordinary charge fell upon them , then to extort the same amongst their tenants ; which the irish , about fourty years since , of my own knowledge still continu'd , calling it cuttings , according to our old word tallagium . but among us it was taken away by the magna charta of king john. i speak not of the innumerable carriages , angaries , and vexations , with which they otherwise harrowed if not plagued their tenants . yet must i not let that pass , which every where was then in use , for lords of castles to imprison men at pleasure , to hold and keep distresses there against common justice , and to do many outrages all about them . wherein the lords of mannours imitating them , would also imprison their tenants and followers ; which custom i saw also yet not laid down in ireland , fourty years since . for a meane-lord would ordinarily say upon offence taken against a churle , &c. take him and put him in bolts . but let matthew paris , who liv'd long after many of these oppressions were abolish'd , tell you the fashions of those times * . every lord having this authority over his tenant , the superiour as comprehending them all and holding in capite , was tyed to the king to see all under his tenure to be of good government , good behaviour , and forth-coming whensoever they should be demanded to answer any misdemeanour . this appeareth by the laws of edward the confessor , where it is said , archiepiscopi , episcopi , comites , barones , & omnes qui habuerint sacam & socam , &c. milites & proprios servientes sc . dapiferos , pincernas , &c. sub suo friburgo habeant . that is , sub sua fide-jussione de se bene gerendo . by reason whereof , whatsoever those their lords agreed or disagreed unto in matters of the state and common-wealth , it did bind every of them their inferiors . unto whom they themselves might then also appoint laws and ordinances in their own courts . and this is that which tacitus affirmeth to have been the ancient manner of the germans our ancestors ; agricolis suis jus dicere : where under the word agricolis , he intendeth all them whom we call tenants . hence then it comes to pass , that in making laws of the kingdom , the common people were not consulted with , but only the barons and those which held in capite , who then were call'd consilium regni . and the common people being , as i said , by way of tenure under one or other of them , did then by him that was their chief lord ( as by their tribune or procurator , and as now by the knights of the shire ) consent or dissent in law-making , and are not therefore nam'd in the title of any ancient law. look doomsday-book , and there ye shall see the whole kingdom divided only among the barons and great persons : and the whole commons of the kingdom distributed and plac'd under some of them , tho' not by name , yet by number in their several qualities . let us then see , how the practice of those ancient ages agreed with this theoreme . king ina made his laws by the advice of kenred his father , and ( as he saith himself ) heddis & erkenwaldi episcoporum meorum , & omnium aldermannorum ( i. e. procerum ) meorum , & seniorum sapientum regni mei , & multa aggregatione servorum dei , which is of church-men , as i take it . alured briefly , consilio sapientum meorum . edward the elder proposeth his laws not as senatus-consultum but as edictum principis ; viz. ego edouardus rex , iis omnibus qui reipub. praesunt , etiam atque etiam mando , ut , &c. and after by the absolute words , praecipio , statuimus , volo . yet those wherein he and guthrun the dane joyned , are call'd senatus-consulta . ethelstane made his , ex prudenti vlfhelmae archiepiscopi aliorumque episcoporum suorum consilio , nec-non omnium optimatum & sapientum mandato suo congregatorum . edmund , in a great assembly , tam ecclesiasticorum quàm laicorum , cui interfuerunt oda & wulstanus archiep. plurimique alii episcopi . edgar , in frequenti sapientum senatu . ethelred , in sapientum concilio . canuius saith , sapientum adhibito consilio per omnem angliam observari praecipio . as for edward the confessor , his laws come not to us as they were composed by himself , but as the paragraphs of them were collected by the conqueror , and augmented afterward . in which collection , there is no mention made of the manner of their institution . but reciting of a passage of st. austens touching tithes , it is spoken as of former time , that haec concessa sunt à rege , baronibus & populo ; meaning , the several kinds of tithes there mention'd . but whether these words extend to a concession of them by parlament ( as we now call it , ) or by a voluntary contribution of them , yeilded unto by the king , the barons , and the people , according to the canons of the church , i leave to others to determine . to come to times of the conquerour ; wherein novus seclorum nascitur ordo ; and from whence , as from a new period , we must now take all our projections . the great establishment of his own and of edward the confessor's laws , is said in the title to be that which gulielmus rex anglorum cum principibus suis constituit post conquisitionem angliae . other authors instead of principibus have barones . and tho' all his laws for the most part were ordain'd by his charter in his own name only , yet they seem to be made by the consent of the bishops and barons . for in his charter whereby he divideth the court-christian from the temporal , he saith thus — sciatis — quod episcopales leges — communi concilio & consilio archiepiscoporum meorum & caeterorum episcoporum & abbatum , & omnium principum regni mei emendandas judicavi . and this seemeth to be that same commune concilium totius regni , whereby he made the laws he speaketh of in his charter of the great establishment aforesaid . william rufus in an. . calls episcopos , abbates cunctosque regni principes to a council at rochingheham , . id. mar. henry i. de communi concilio gentis anglorum ( saith matthew paris ) posuit dunelmensem episcopum in vinculis . where gentis anglorum might be extended to such a parlament as we use at this day , if the use of that time had born it . but eadmere speaking of a great counsel holden a little after at lambith , calleth it concilium magnatum utriusque ordinis , excluding plainly the commons . and to that effect are also all the other councils of his time . but our later chroniclers following polydore as it seemeth ( for they cite no author ) do affirm that henry i. in the sixteenth year of his reign , held the first parlament of the three estates . the truth whereof i have taken some pains to examine ; but can find nothing to make it good . eadmerus who flourisht at that very time , writing particularly of this council or assembly , saith , xiii . kal. aprilis , factus est conventus episcoporum , abbatum , & principum totius regni apud serberiam , cogente eos illuc sanctione regis henrici i. and among other causes handled there , he sheweth this to be the principal , viz. that the king being to go into normandy , and not knowing how god might dispose of him , he desir'd that the succession might be confirm'd on his son william . whereupon ( saith eadmer ) omnes principes facti sunt homines ipsius willielmi , fide & sacramento confirmati . florentius wigorniensis , who liv'd at that time and dy'd about two years after , reporteth it to the same effect . conventio optimatum & baronum totius angliae apud sealesbiriam . cal. apr. facta est ▪ qui in praesentia regis henrici , homagium filio suo gulielmo fecerunt & fidelitatem ei juraverunt . here is no mention of the commons ; whom in likelyhood they should not have pretermitted , if they had been there assembled , contrary to the usual custom of those times . nor doth any succeeding author that i can find , once touch upon it . i conceive there might a mistaking grow by polydore or some other ; for that many of the commons , if not all , were at this time generally sworn to prince william , as well as the barons were ; and as after in the year . to maud his daughter , prince william being then dead . but i no where find in all the councils ( or parlaments if you so will call them ) of this time , any mention made of any other than the bishops , barons , and great persons of the realm . and so likewise in the time of king stephen . the first alteration that i meet with , is in the twenty second year of hen. ii. where benedict abbas saith , circa festum s. pauli venit dominus rex usque ad northampton , & magnum ibi celebravit concilium de statutis regni sui , coram episcopis , comitibus , & baronibus terrae suae , & per consilium militum & hominum suorum . here militum & hominum suorum extendeth beyond the barons , and agreeth with the charter of king john , as after shall appear . yet hoveden speaking of this council , doth not mention them ; but only termeth it magnum concilium . but there hapn'd about this time a notable alteration in the common-wealth . for the great lords and owners of towns which before manur'd their lands by tenants at will , began now generally to grant them estates in fee , and thereby to make a great multitude of free-holders more than had been . who by reason of their several interests , and being not so absolutely ty'd unto their lords as in former time , began now to be a more eminent part in the common-wealth , and more to be respected therefore in making laws , to bind them and their inheritance . but the words militum & hominum suorum , imply such as held of the king in capite not per baroniam , and therefore were no barons ; yet such as by right of their tenure ought to have some voice or patron to speak for them in the councils of the kingdom . for holding of the king , as the barons did , they could not be patronized under them . and doubtless they were not many at this time , tho' much encreased since the making of domesdei ▪ book ; where those few that were then , are mentioned . and it may be , the word hominum , here doth signify those that serv'd for burrough-towns holden of the king ; for it must be understood of tenants not of servants . to grope no further in this darkness . the first certain light that i discover for the form of our parliaments at this day , is , that which riseth fourty years after , in the magna charta of king john. the words whereof i will recite at large , as they stand not only in matthew paris , but also in the red-book of the exchequer , with some little difference hapning in the writing . et civitas londinensis habeat omnes antiquas libertates & liberas consuetudines suas tam per terras quam per aquas . praetereà , volumus & concedimus , quod omnes aliae civitates & burgi , & villae , & barones de quinque portubus , & omnes portus , habeant omnes libertates , & omnes liberas consuetudines suas : et ad habendum commune consilium regni de auxiliis assidendis ( aliter quam in tribus casibus praedictis ) & de scutagiis assidendis ; summoneri faciemus archiepiscopos , episcopos , abbates , comites , & majores barones regni sigillatim per literas nostras . et praetereà faciemus summoneri in generali per vice-comites & ballivos nostros , omnes alias qui in capite tenent de nobis , ad certum diem , scil . ad terminum . dierum ad minus , & ad certum locum ; & in omnibus literis summonitionis illius , causam summonitionis illius exponemus . et sic facta summonitione negotium procedat ad diem assignatum , secundum consilium eorum qui praesentes fuerint , quamvis non omnes summoniti venerint . here is laid forth the members , the matter , and the manner of summoning of a common council of the kingdom ; which as it seemeth was not yet in the records of state call'd a parlament . the members are of three sorts . first , the arch-bishops , bishops , abbots , earls , and the greater barons of the kingdom , so call'd to distinguish them from the lesser barons , which were the lords of mannours . secondly , those ( here before mention'd by bened. abbas to be call'd to clarenden ) that held of the king in capite ; whom i take to be now the knights of the shire . and thirdly , those of cities , burroughs , and towns , call'd burgesses , and the barons of the cinque-ports . the first sort are to appear personally , or by particular proxies ; for the words as touching them are , summoniri faciemus sigillatim : but as touching the others , it is summoniri faciemus generaliter , &c. not that all should come confusedly , but that they should send their advocates , which commonly are but two , to speak for them . these the french in their parliaments call ambasiatores , and syndicos . in the first rank , the earls and greater barons have their place in this council ; for that they hold of the king in capite by a baronie ▪ and the bishops and abbots with them of the second rank : so likewise , for that it was declared and ordained in the council of clarendon , that they should have their possessions of the king as a barony , and should be suiters , and sit in the king's court in judgements , as other barons ; till it came to the diminution of members , or matter of death . but this council of clarendon did rather affirm than give them their priviledge . for the prelates of the church were in all ages the prime part of these great councils . in the third rank , the burgesses and barons of the cinque-ports have their place ; not so much in respect of tenure ( for they were not conceived to be owners of lands ) but for that in taxes and tallages touching their goods and matter of trade , they might have some to speak for them , as well as other members of the kingdom . but here then ariseth a question , how it cometh to pass , that every poor burrough of england , how little soever it be , ( two excepted ) have two to speak for them in this great council , when the greatest counties have no more . it seemeth that those of the counties whom we call knights , served not in ancient time for all the free-holders of the county , as at this day they do , but were only chosen in the behalf of them that held of the king in capite , and were not barones majores barons of the realm . for all freeholders besides them had their lord paramount ( which held in capite to speak for them ) as i have shewed before ; and these only had no body , for that themselves held immediately of the king. therefore king john by his charter did agree to summon them only and no other freeholders ; howbeit those other freeholders , because they could not always be certainly distinguish'd from them that held in capite , ( which encreased daily ) grew by little and little to have voices in election of the knights of the shire , and at last to be confirm'd therein by the stat. . henr. iv. and . henr. vi. but to come to our question , why there are but two knights for a county ? it may well seem to be , for that in those times of old there were very few besides the barons that held in capite , as appeareth by that we have already spoken ; and that two therefore might seem sufficient for these few , as well as two for the greatest burroughs or city of england , except london . and it may be , that of the four which serve for london , two of them be for it as it is a city , and two other as it is a county ; tho' elsewhere it be not so . but when two came first to be chosen or appointed for the rest of the burrough or county , i cannot find . it seemeth by those synods that were holden in the times of the saxon kings , and by some after the conquest , that great numbers of the common people flowed thither . for it is said in an. . cum quamplurimis gregariis militibus , ac cum populi multitudine copiosa : and an. . innumeraque cleri & populi multitudine : and so likewise in an. . and other synods and councils . by what order or limitation , this innumera populi multitudo came to these assemblies , it appeareth not . bartol that famous civilian , and hottoman according with him , thus expoundeth it in other places . nota : quod praesides provinciarum coadunant universale parlamentum provinciae : quod intellige , non quod omnes de provincia debent ad illud ire , sed de omnibus civitatibus deputantur ambasiatores , qui civitatem repraesentant . and johan . de platea likewise saith : vbi super aliquo providendum est , pro utilitate totius provinciae , debet congregari generale concilium seu parlamentum : non quod omnes de provincia vadant , sed de qualibet civitate aliqui ambasiatores vel syndici , qui totam civitatem repraesentent . in quo concilio seu parlamento petitur proponi sanum ac utile consilium . but our burgesses , as it seemeth , in time of old were not call'd to consult of state matters ; being unproper to their education , otherwise than in matter of aide and subsidy . for king john granteth no more unto them , than ad habendum commune consilium regni de auxiliis assid●ndis ; if his charter be so pointed that this clause belong to that of the liberties granted to them : which is very doubtful , and seemeth rather to belong to that which followeth ; otherwise , there are no words at all for calling them unto the great councils , or parlaments ( if you so will term them ) of that time . and yet further , it is to be noted , that this whole branch of his charter , touching the manner of his summoning a great council , was not comprised in the articles ( between him and his barons ) whereupon the charter was grounded ; but gain'd from him , as it seemeth , afterward . and that may be a reason why it is left out in the magna charta of henry iii. confirm'd after by edward i. in such manner as now we have it . the charter of these articles , i have seen under his own seal . after the death of king john , i find many of these great councils holden , and to be often named by the authors of that time colloquia , after the french word parlament ; but no mention in any of them of burgesses ; saving that in an. dom. . regis . it is said , that the king held his christmass at westminster , praesentibus clero & populo , cum magnatibus regionis : and that the solemnity being ended , hugh de burgo the king's justice propounded to the arch-bishop , bishops , earls , barons , & aliis universis , the losses the king had received in france , requiring of them one xv th . and in the year . the king summoneth to westminster archiepiscopos , episcopos , abbates , priores , templarios , hospitalarios , comites , barones , ecclesiarum rectores , & qui de se tenebant in capite ; about the granting a tenth to the pope : wherein those that held in capite are call'd ( as in henr. ii. ) to the council of clarendon , and as the charter of king john purporteth ; but no mention is here made of burgesses . the original of the four terms of the year . by sir henry spelman kt. printed in the year . from a very uncorrect and imperfect copy : now , publish'd from the original manuscript in the bodleian library . sir william dugdale in his origines juridiciales , chap. . pag. . concerning this treatise . i shall here briefly exhibit some particulars , which i acknowledge to have gather'd from an ample and most judicious discourse on this subject , written by the learned sir henry spelman knight , in . very well worthy to be made publick . the occasion of this discourse . about fourty two years since , divers gentlemen in london , studious of antiquities , fram'd themselves into a college or society of antiquaries , appointing to meet every friday weekly in the term at a place agreed of , and for learning sake to confer upon some questions in that faculty , and to sup together . the place , after a meeting or two , became certain at darby-house , where the herald's-office is kept , and two questions were propounded at every meeting , to be handled at the next that followed ; so that every man had a sennight's respite to advise upon them , and then to deliver his opinion . that which seem'd most material , was by one of the company ( chosen for the purpose ) to be enter'd in a book ; that so it might remain unto posterity . the society increased daily : many persons of great worth , as well noble as other learned , joyning themselves unto it . thus it continu'd divers years ; but as all good uses commonly decline ; so many of the chief supporters hereof either dying or withdrawing themselves from london into the country ; this among the rest grew for twenty years to be discontinu'd . but it then came again into the mind of divers principal gentlemen to revive it ; and for that purpose , upon the — day of — in the year . there met at the same place sir james ley knight , then attorney of the court of wards , since earl of marleborough and lord treasurer of england ; sir robert cotton knight and baronett ; sir john davies his majestie 's attorney for ireland ; sir richard st. george knt. then norrey , mr. hackwell the queen's solicitor , mr. camden then clarentieux , my self , and some others . of these , the lord treasurer , sir robert cotton , mr. camden , and my self , had been of the original foundation ; and to my knowledge were all then living of that sort , saving sir john doderidge knight , justice of the king 's bench. we held it sufficient for that time to revive the meeting , and only conceiv'd some rules of government and limitation to be observ'd amongst us ; whereof this was one , that for avoid offence , we should neither meddle with matters of state nor of religion . and agreeing of two questions for the next meeting , we chose mr. hackwell to be our register and the convocator of our assemblies for the present ; and supping together , so departed . one of the questions was , touching the original of the terms ; about which , as being obscure and generally mistaken , i bestow'd some extraordinary pains ; that coming short of others in understanding , i might equal them if i could in diligence . but before our next meeting , we had notice that his majesty took a little mislike of our society ; not being enform'd , that we had resolv'd to decline all matters of state. yet hereupon we forbare to meet again , and so all our labours lost . but mine lying by me , and having been often desir'd of me by some of my friends , i thought good upon a review and augmentation to let it creep abroad in the form you see it , wishing it might be rectify'd by some better judgement . sect . i. of the terms in general . as our law books have nothing , to my knowledge , touching the original of the terms , so were it much better if our chronicles had as little : for tho' it be little they have in that kind , yet is that little very untrue , affirming that william the conquerour did first institute them . it is not worth the examining who was author of the errour , but it seemeth polydore virgil ( an alien in our common-wealth , and not well endenized in our antiquities ) spread it first in print . i purpose not to take it upon any man's word : but , searching for the fountain , will , if i can , deduce them from thence , beginning with their definition . the terms be certain portions of the year , in which only the king's justices hold plea in the high temporal courts of causes belonging to their jurisdiction , in the places thereto assigned , according to the ancient rites and customs of the kingdom . the definition divides it self , and offers these parts to be consider'd . . the names they bear . . the original they come from . . the time they continue . . the persons they are held by . . the causes they deal with . . the place they are kept in . . the rites they are performed with . the parts minister matter for a book at large , but my purpose upon the occasion impos'd , being to deal only with the institution of the terms ; i will travel no farther than the three first stages of my division , ( that is ) touching their name , their original , and their time of continuance . sect . ii. of the names of the terms . the word terminus is of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth the bound , end , or limit of a thing ; here particularly of the time for law matters . in the civil law it also signifieth a day set to the defendant , and in that sense doth bracton , glanvil , and others sometimes use it . mat. paris calleth the sheriff's turn , terminum vicecomitis , and in the addition to the mss. laws of king inas , terminus is applied to the hundred-court ; as also in a charter of hen. i. prescribing the time of holding the court. and we ordinarily use it for any set portion of time , as of life , years , lease , &c. the space between the terms , is named vacation , à vacando , as being leasure from law business ; by latinists justitium , à jure stando , because the law is now at a stop or stand . the civilians and canonists call term-time , dies juridicos law-days ; the vacation , dies feriales , days of leasure or intermission , festival-days , as being indeed sequester'd from troublesome affairs of humane business , and devoted properly to the service of god , and his church . according to this , our saxon and norman ancestors divided the year also between god and the king , calling those days and parts that were assigned to god , dies pacis ecclesiae , the residue alloted to the king , dies or tempus pacis regis . divisum imperium cum jove caesar habet . other names i find none anciently among us , nor the word terminus to be frequent till the age of henry ii. wherein gervasius tilburiensis , and ranulphus de glanvilla ( if those books be theirs ) do continually use it for dies pacis regis . the ancient romans , in like manner , divided their year between their gods and their common-wealth ; naming their law-days or term-time , fastos , because their praetor or judge might then fari , that is speak freely ; their vacation , or days of intermission ( as appointed to the service of their gods ) they called nefastos , for that the praetor might ne fari , not speak in them judicially . ovid ( fastorum lib. . ) thus expresseth it : ille nefastus erat , per quem tria verba silentur : fastus erat per quem lege licebat agi . when that the three judicial words the praetor might not use , it was nefastus : fastus then , when each man freely sues . the three judicial words were do , dico , abdico ; by the first he gave licence to cyte partem ream , the defendant ; by the second he pronounced sentence ; and by the third he granted execution . this à latere . the word term hath also other considerations ; sometimes it is used for the whole space , from the first return to the end of the term , including the day of return , essoigne , exception , &c. sometimes and most commonly excluding these from the first sitting of the judges in full court , ( which is the first day for appearance ) and this is called full term by the statute of . of hen. viii . cap. . as tho' the part precedent were but semi-term , puisne-term , or introitus termini . the words of the statute are these , that trinity-term shall begin the munday next after trinity-sunday , for keeping the essoignes , profers , returns , and other ceremonies heretofore used , &c. and that the full term of the said trinity-term shall yearly for over begin the friday next after corpus christi day . here the particulars i speak of are apparently set forth , and the term declared to begin at the first return . by which reason it falleth out that the eight days wherein the court of the exchequer openeth , at the beginning of michaelmass-term , hilary-term and easter , are to be accounted as parts of those terms , for that they fall within the first return : the exchequer having one return in every of them , more than the courts of common-law have , viz. crastino sancti michaelis , octabis hilarii , and octabis or clausum paschae : and it seemeth that trinity-term had crastino trinitatis in the self same manner , before this statute alter'd it . sect . iii. of the original of terms or law-days . law-days or dies juridici , which we call terms , are upon the matter , as ancient as offences and controversies : god himself held a kind of term in paradice , when judicially he tryed and condemned adam , eve , and the serpent . in all nations , as soon as government was settled , some time was appointed for punishing offences , redressing of wrongs , and determining of controversies ; and this time to every of those nations was their term. the original therefore of the terms or law-days , and the time appointed to them , are like the signs of oblique ascention in astronomy , that rise together . i shall not need to speak any more particularly of this point , but shew it , as it farther offereth it self in our passage , when we treat of the time appointed to term or law-days , which is the next and longest part of this our discourse . sect . iv. of the times assigned to law-matters , called the terms . we are now come to the great arm of our division , which spreads it self into many branches , in handling whereof we shall fall , either necessarily or accidentally , upon these points , viz. . of law-days among the ancients , jews , greeks , &c. . of those among the romans using choice days . . of those among the primitive christians using all alike . . how sunday came to be exempted . . how other festivals , and other vacation days . . that our terms took their original from the canon-law . . the constitutions of our saxon kings ; edward the elder , guthrun the dane , and the synod of eanham under ethelred , touching this matter . . the constitutions of canutus more particular . . the constitutions of edward the confessour more material . . the constitution of william the conquerour : and of law-days in normandy . . what done by william rufus , henry i. stephen , and henry ii. . of hiliary-term according to those ancient laws . . of easter-term in like manner . . of trinity-term and the long vacation following ; how it differeth from the other vacations . . of michaelmass-term . . of the later constitutions of the terms by the statutes of the . of hen. iii. and . of edw. iii. . how trinity-term was alter'd by the . of hen. viii . chap. i. of law-days among the ancients . the time allotted to law-business seemeth to have been that from the beginning amongst all , or most nations , which was not particularly dedicated ( as we said before ) to the service of god or some rites of religion ( for none that i read of , ordain'd them to be us'd confusedly . ) therefore whilst moses was yet under the law of nature , and before the positive law was given , he sacrificed and kept the holy festival with jethro his father-in-law on the one day , but judged not the people till the day after . some particular instance ( i know ) may be given to the contrary , as i after shall mention , but this seemeth then the general use . the greeks , who ( as josephus in his book against appion witnesseth ) had much of their ancient rites from the hebrews , held two of their prytanean-days in every month for civil matters , and the third onely for their sacra . aeschines ▪ in his oration against c●esiphon , chargeth demosthenes with writing a decree in the senate , that the prytanean magistrates might hold an assembly upon the eighth day of the approaching month of elaphebolion , when the holy rites of aesculapius were to be solemnized . the romans likewise ( whether by instinct of nature or precedent ) meddled not with law causes during the times appointed to the worship of their gods , as appeareth by their primitive law of the twelve tables , feriis jurgia amovento , and by the places before cited , as also this of the same author , post semel exta deo data sunt , licet omnia fari , verbaque honoratus libera praetor habet . when sacrifices and holy rites were done , the reverend praetor then his courts begun . and martial to the same purpose , sacra damus ●estis ●ora judicialia ponunt . to be short , it was so common a thing in those days of old , to exempt the times of exercise of religion from all worldly business ; that the barbarous nations , even our angli , whilst they were yet in germany , the suevians themselves , and others of those northern parts would in no wise violate or interrupt it . tacitus says of them , that during this time of holy rites , non bellum ineunt , non arma sumunt , clausum omne ferrum ; pax & quies tun● tantum nota , tun● tantum amata . of our german ancestors we shall speak more anon ; our old british are little to the purpose : they judged all controversies by their priests the druides , and to that end met but once a year , as caesar sheweth us by those of the gauls . the later britains ( whom we now call the wesh ) in the saxons time about the year . had two terms only for causes of inheritance ; the one beginning at the ninth of november till the ninth of february ; the other from the ninth of may till the ninth of august . the rest of the year was counted time of vacation , for sowing in the spring and reaping in the harvest . chap. ii. of law-days amongst the romans using choice days . i will therefore seek the original of our terms only from the romans , as all other nations that have been subject to their civil and ecclesiastical monarchy do , and must . the ancient romans , whilst they were yet heathens , did not , as we at this day , use certain continued portions of the year for a legal decision of controversies , but out of a superstitious conceit that some days were ominous , and more unlucky than others ( according to that of the aegyptians , ) they made one day to be fastus or term-day , and another ( as an aegyptian day ) to be vacation or nefastus : seldom two fasti , or law-days together , yea , they sometimes divided one and the same day in this manner , qui modo fastus erat , mane nefastus erat , the afternoon was term , the morning holy-day . nor were all their fasti applyed to judicature , but some of them to other meetings and consultations of the common-wealth ; so that being divided into three sorts , which they called fastos proprie , fastos endotercisos , & fastos comitiales , containing together . days , through all the months of the year , there remained not properly to the praetor , as judicial or triverbial days , above . whereas , we have in our terms above . days in court , besides the sundays and exempted festivals falling in the terms ; which are twenty or there about . yet sir * thomas smith counts it marvellous , that three tribunals in one city in less than the third part of the year , should rectifie the wrongs of so large and populous a nation as this of england . but let us return where we left off . chap. iii. of law-days among the first christians , using all times alike . to beat down the roman superstition touching observation of days , against which st. augustine and others wrote vehemently ; the christians at first used all days alike for hearing of causes , not sparing ( as it seemeth ) the sunday it self , thereby falling into another extremity . yet had they some precedent for it from moses and the jews . for philo judaeus in the life of moses reporteth , that the cause of him that gather'd sticks on the sabbath-day , was by a solemn council of the princes , priests , and the whole multitude , examined and consulted of on the sabbath-day . and the talmudists , who were best acquainted with the jewish customs , as also galatinus the hebrew do report , that their judges in the council called sanhedrim , sate on the week-day from morning to night , in the gates of the city ; and on the sabbath-day and solemn festivals , in the walls . so the whole year then seemed a continual term , no day exempt . and they that seek the original of our modern laws among them , do but spend their time in vain ; unless for some things impos'd on them by the roman emperours , when they became subjects . how this stood with the levitical law , or rather the moral , i leave to others . chap. iv. how sunday came to be exempted . but for reformation of the abuse among christians , in perverting the lord's day to the hearing of clamorous litigants , it was ordained in the year of our redemption . by the fathers assembled in concilio taraconensi , cap. . after that , in concilio spalensi , cap. . and by adrian bishop of rome in the decretal caus . . quaest . . that , nullus episcopus vel infra positus die dominico causas judicare [ al. ventilare ] praesumat . no bishop or inferiour person presume to judge or try causes on the lord's day . for it appeareth by epiphanius , that in his time ( as also many hundred years after ) bishops and clergy-men did hear and determine causes , lest christians , against the rule of the apostle , should go to law under heathens and infidels . and it is said in the st . epistle of clement ( if it were truly his ) that s. peter himself did so appoint it . concil . tom. . p. . this canon of the church for exempting sunday , was by theodosius fortified with an imperial constitution , whilst we britains were yet under the roman government , solis die , quem dominicum recte dixere majores , omnium omnino litium & negotiorum quiescat intentio . thus was sunday redeemed from being a part of the term ; but all other days by express words of the canon were left to be dies juridici , whether they were mean or great festivals . for it thus followeth in the same place of the decretals ; caeteris vero diebus , convenientibus personis , illa quae justa sunt , habent licentiam judicandi , excepto criminali , ( or as another edition reads it ) exceptis criminalibus negotiis . the whole canon is verbatim also decreed in the capitulars of the emperours carolus & ludovicus . chap. v. how other festival and vacation days were exempted . now let us see how other festivals and parts of the year were taken from the courts of justice . the first canon of note that i meet with to this purpose , is that in concilio triburiensi ca. . in or about the year . nullus comes , nullusque omnino secularis diebus dominicis vel sanctorum in festis seu quadragesimae , aut jejuniorum , placitum habere , sed nec populum illo praesumat cohercere . after this , the council of meldis cap. . took easter-week , commonly called the octaves , from law business ; pascae hebdomade feriandum , forensia negotia prohibentur . by this example came the octaves of pentecost , st. michael , the epiphany , &c. to be exempted , and principal feasts to be honoured with octaves . the next memorable council to that of tribury was the council of erpford in germany in the year . which tho' it were then but provincial , yet being after taken by gratian into the body of the canon law , it became general , and was imposed upon the whole church . i will recite it at large , as it standeth in binius , for i take it to be one of the foundation-stones to our terms . placita secularia dominicis vel aliis festis diebus , seu etiam in quibus legitima jejunia celebrantur secundum canonicam institutionem , minime fieri volumus . insuper quoque gloriosissimus rex [ francorum henricus ] ad augmentum christianae religionis , ( or as gratian hath it ) [ sancta synodus ] decrevit ut nulla judiciaria potestas licentiam habeat christianos sua authoritate ad placitum bannire septem diebus ante natalem domini , & à quinquagesima usque ad octavas paschae , & septem diebus ante nativitatem sancti johannis baptistae , quatenus adeundi ecclesiam orationibusque vacandi liberius habeatur facultas . but the council of st. medard extant first in burchard , and then in gratian enlargeth these vacations in this manner , decrevit sancta synodus , ut a quadragesima usque ad octavam paschae , & ab adventu domini usque ad octavam epiphaniae , nec-non in jejuniis quatuor temporum , & in litaniis majoribus , & in diebus dominicis , & in diebus rogationum ( nisi de concordia & pacificatione ) nullus supra sacra evangelia jurare praesumat . the word [ jurare ] here implyeth that they should not try law-causes , or hold plea on these days , as by the same phrase in other laws shall by and by appear : which the gloss also upon this canon maketh manifest , saying , in his etiam diebus causae exerceri non debent , citing the other canon here next before recited ; but adding withal , that the court and custume of rome it self doth not keep vacation from septuagesima , nor , as it seemeth , in some other of the days . and this precedent we follow , when septuagesima and sexagesima fall in the compass of hilary-term . chap. vi. that our terms took their original from the canon-law . thus we leave the canon law , and come home to our own country , which out of these , and such other forreign constitutions ( for many more there are ) have framed our terms , not by choosing any set portion of the year for them ( as polydore virgil , and our chroniclers ignorantly suggest ) but by taking up such times for that purpose , as the church and common necessity ( for collecting the fruits of the earth ) left undisposed of , as in that which followeth plainly shall appear . chap. vii . the constitution of our saxon kings in this matter . inas one of our ancient saxon kings , made a very strict law against working on sunday . and alured instituted many festivals ; but the first that prohibited juridical proceedings upon such days , was edward the elder and guthrun the dane , who in the league between them , made about ten years before the council of erpford , ( that it may appear we took not all our light from thence ) did thus ordain ; ordel & aþas syndon tocƿedon freols dagum . & rihtfaesten dagum ; &c. we forbid that ordel and oaths ( so they called law-tryals at that time ) be used upon festival and lawful fasting days , &c. how far this law extended , appeareth not particularly ; no doubt to all festival and fasting-days then imposed by the roman church , and such other provincial , as by our kings and clergy were here instituted . those which by alured were appointed to be festivals , are now by this law made also days of vacation from judicial tryals ; yet seem they , for the most part , to be but semi-festivals , as appointed only to free-men not to bond-men ; for so his law declareth , viz. the twelve days of christmass , the day wherein christ overcame the devil , the anniversary of st. gregory , the seven days afore easter , and the seven days after , the day of st. peter and st. paul , and the whole week before st. mary in harvest , and the feast-day of all-saints . but the four wednesdays in the four ember weeks are remitted to bond-men to bestow their work in them as they thought good . to come to that which is more perspicuous ; i find about sixty years after , a canon in our synod of eanham , under king ethelred in these words . first , touching sunday , dominicae solempnia diei cum summo honore magnopere celebranda sunt , nec quicquam in eadem operis agatur servilis . negotia quoque secularia quaestionesque publicae in eadem deponantur die . then commanding the feast-days of the b. virgin , and of all the apostles , the fast of the ember days , and of the friday in every week to be duely kept ; it proceedeth thus , judicium quippe quod anglicè ordeal dicitur , & juramenta vulgaria , festivis temporibus & legitimis jejuniis ; sed & ab adventu domini usque post octabas epiphaniae , & à septuagesima usque . dies post pascha minime exerceantur : sed sit his temporibus summa pax & concordia inter christianos , sicut fieri oportet . it is like there were some former constitutions of our church to this purpose ; but either mine eye hath not light upon them , or my memory hath deceived me of them . chap. viii . the constitution of canutus , more particular . canutus succeeding shortly by his danish sword in our english kingdom , not only retained but revived this former constitution , adding , after the manner of his zeal , two new festival and vacation days . and ƿe forheodað ordal & aðas freols dagum . & ymbren dagum . & rite faesten dagum ; & fram adventum domini oþ se eahtoþa dag agan sy ofer tƿelfta daeg ▪ &c. we forbid ordal and oaths on feast-days and ember-days , and in lent , and set fasting days , and from the advent of our lord till the eighth day after the twelfth be past . and from septuagesima till fifteen nights after easter . and the sages have ordained that st. edward's day shall be festival over all england on the fifteenth of the kalends of april , and st. dunstan's on the fourteenth of the kalends of june , and that all christians ( as right it is ) should keep them hallowed and in peace . canutus , following the synod of eanham , setteth down in the paragraph next before this recited , which shall be festival and which fasting-days , appointing both to be days of vacation . among the fasting-days he nameth the saints eves and the fridays ; but excepteth the fridays when they happen to be festival-days , and those which come between easter and pentecost ; as also those between midwinter ( so they called the nativity of our lord ) and octabis epiphaniae . so that , at this time , some fridays were law-days and some were not . those in easter term , with the eve of philip and jacob , were ; and the rest were not . the reason of this partiality ( as i take it ) was ; they fasted not at christmass for joy of christ's nativity , nor between easter and whitsuntide , for that christ continued upon the earth , from his resurrection till his ascension ; and * the children of the wedding may not fast so long as the bridegroom is with them : nor till whitsuntide , for joy of the coming of the holy ghost . chap. ix . the constitution of edward the confessor most material . saint edward the confessor drew this constitution of canutus nearer to the course of our time , as a law , in these words : ab adventu domini usque ad octabas epiphaniae pax dei & sanctae ecclesiae per omne regnum ; similiter à septuagesima usque ad octabas paschae ; item ab ascensione domini usque ad octabas pentecostes ; item omnibus diebus quatuor temporum ; item omnibus sabbatis ab hora nona , & tota die sequenti , usque ad diem lunae ; item vigiliis sanctae mariae , sancti michaelis , sancti johannis baptistae , apostolorum omnium & sanctorum quorum solennitates a sacerdotibus dominicis ●nnunciantur diebus ; & omnium sanctorum in kalendis novembris , semper ab hora nona vigiliarum , & subsequenti solennitate : item in parochiis in quibus dedicationis dies observatur ; item parochiis ecclesiarum ubi propria festivitas sancti celebratur , &c. the rubrick of this law is , de temporibus & diebus pacis regis , intimating term-time ; and here in the text the vacations are called dies pacis dei & sanctae ecclesiae , as i said in he beginning . but pax dei , pax ecclesiae , & pax regis , in other laws of edward the confessor , and elsewhere , have other significations also more particular . hora nona is here ( as in all authors of that time ) intended for three of the clock in the after-noon , being the ninth hour of the artificial day ; wherein the saxons , as other parts of europe , and our ancestours of much later time , followed the judaical computation : perhaps till the invention and use of clocks gave a just occasion to alter it , for that they could not daily vary for the unequal hours . chap. x. the constitution of william the conquerour . this constitution of edward the confessour was amongst his other laws confirm'd by william the coquerour ; as not only hoveden and those ancient authors testifie , but by the decree of the conquerour himself , in these words ; hoc quoque praecipio ut omnes habeant & teneant leges edwardi in omnibus rebus , adauctis his quae constituimus ad utilitatem anglorum . and in those auctions nothing is added , alter'd , or spoken , concerning any part of that constitution . neither is it like , that the conquerour did much innovate the course of our terms or law-days , seeing he held them in his own dutchy of normandy , not far differing from the same manner , having received the customs of that his country from this of ours , by the hand of edward the confessour ; as in the beginning of their old custumary themselves do acknowledge . the words touching their law-days or tryals be these , under the title de temporibus quibus leges non debent fieri : notandum autem est quod quaedam sunt tempora in quibus leges non debent fieri , nec simplices , nec apertae , viz. omnia tempora in quibus matrimonia non possunt celebrari . ecclesia autem legibus apparentibus omnes dies festivos prohibet , & defendit , viz. ab hora nona die jovis , usque ad ortum solis die lunae sequenti , & omnes dies solennes novem lectionum & solennium jejuniorum , & dedicationis ecclesiae in qua duellum est deducendum . this law doth generally inhibit all judicial proceedings , during the times wherein marriage is forbidden , and particularly all tryals by battail , ( which the french and our glanvil call leges apparentes , aliàs apparibiles , vulgarly loix apparisans ) during the other times therein mention'd . and it is to be noted , that the emperour frederick the second in his neapolitan constitutions includeth the tryals by ordeal under leges paribiles . but touching the time wherein marriage is forbidden ; it agreed at that day with the vacations from law-business , prescrib'd by edward the confessour : the church not thinking it reason , that men abstaining from litigation , should give themselves to lust , and to feasting and dancing , ( things incident to marriage : ) in which respect , it also required that man and wife ( as near as they could ) should at these times forbear the pleasure of their bed , and give themselves to devotion and piety . for tho' covetous persons have since abused that godly institution to their profit , yet the fathers that were authors of it in ilerdensi concilio , about . years after christ , aim'd at nothing , but meerly sanctity . the times of marriage , prohibited according to the constitution of the church , were these ; a prima dominica adventus , usque ad octavas epiphaniae exclusive : & à dominica septuagesimae usque ad primam dominicam post pascha inclusive : & à prima die rogationum usque ad septimum diem festi pentecostes inclusive . the law-vacation , according to the prescription of edward the confessour , is , ab ascensione domini usque ad octabis pentecostes . but here , the wedding-vacation is three days before it , viz. à prima die rogationum ; which is according to the constitution de feriis , ca. capellanus . so that the term-times , and vacations , of the english and normans , were anciently all one ; and our ecclesiastical courts hold it so to this day . of the dies novem lectionum before mention'd , we shall speak anon . chap. xi . what done by william rufus , henry i. king stephen , and henry ii. as for william rufus , we read that he pulled many lands from the church , but not that he abridged the vacation times assigned to it . henry i. upon view of former constitutions , composed this law under the title , de observatione temporis leges faciendi , viz. ab adventu domini usque ad octabis epiphaniae , & à septuagesima usque ad . dies post pascham , & festis diebus , & quatuor temporum , & diebus quadragesimalibus , & aliis legitimis jejuniis , in diebus veneris , & vigiliis sanctorum apostolorum non est tempus leges faciendi , idem vel jusjurandum ( nisi primo fidelitate domini vel concordia ) vel bellum , vel ferri , vel aquae , vel leges exactionis tractari , sed sit in omnibus vera pax , beata charitas , ad honorem omnipotentis dei , &c. the copies of these laws is much corrupted , and it appeareth by florence wigorn's continuer , that the londoners refused them , and put maud the empress to an ignominious flight when she pressed the observation of them . but in this particular branch there is nothing not agreeable to some former constitution . the word bellum here signifieth combats , which among our saxons are not spoken of , and by those of ferri vel aquae , are meant ordeal . king stephen by his charter recited at malmesbury , confirmed and established by a generality , bonas leges , & antiquas , & justas consuetudines . henry the ii. expresly ratified the laws of edward the confessour and william the conquerour , as hoveden telleth us , saying , that he did it by the advice of ranulph glanvil then newly made chief justice of england ; which seemeth to be true , for that glanvil doth accordingly make some of his writs returnable in octabis , or clauso paschae , where the laws of edward the confessour appoint the end of lent vacation : and gervasius tilburiensis also mentioneth the same return . yet the mss. laws of henry ii. which remain in the red-book of the exchequer , following the synod of eanham , extendeth lent vacation , à septuagesima usque . dies post pascha , and layeth out the whole frame of the year in this manner , under the rubrick de observatione temporis leges faciendi , viz. ab adventu domini usque ad octabis epiphaniae , & a septuagesima usque ad quindecim dies post pascha , & festis diebus , & quatuor temporum , & diebus quadragesimalibus , & aliis legitimis jejuniis in diebus veneris & vigiliis singulorum apostolorum non est tempus leges faciendi , idem vel jusjurandum nisi primo fidelitate domini , vel concordia , vel bellum , vel ferri , vel aquae , vel legis examinationis tractari . sed sit in omnibus vera pax ( & ) beata charitas ad honorem omnipotentis , cujus sapientia conditi sumus , nativitate provecti , morte redempti , consolatione securi ; & qui debitor est , persolvat ante vel induciet , donec dies isti transeant , gaudiis & honestis voluptatibus instituti . et si quis maleficium inter manus habens , alicubi retinetur ; ibi purgetur vel sordidetur si solum inculpatio , plegiis si opus est datis , ubi justum fuerit terminanda revertatur . chap. xii . the terms laid out according to these ancient laws . to lay out now the bounds of the terms according to these canons and constitutions , especially that ancient law of edward the confessour ; it thus appeareth , viz. hilary-term began then certainly at octabis epiphaniae , that is the thirteenth day of january , seven days before the first return it now hath , and nine days before our term beginneth ; and ended at the saturday next before septuagesima , which being moveable made this term longer in some years than in others . florentius wigorniensis , and walsingham in his hypodigma neustriae saith , — anno . in octabis epiphaniae apud sarisburiam rex gulielmus [ rufus ] tenuit consilium in quo jussit gulielmi de anco in du●llo victi oculos eruere , & testiculos abscindere , & dapiferum illius gulielmum de alderi , filium amitae illius suspendi , &c. proceeding also judicially against others . tho' walsingham calleth this consilium with an s , a counsel ; and wigorniensis concilium with a c , an assembly , ( the word term perhaps not being in use under william rufus ; ) yet it seemeth to be no other , than an assembly of the barons , in the king's house or court of state , ( which was then the ordinary place of justice for crimes of this nature . ) for the barons of the land were at that time judges of all causes , which we call pleas of the crown , and of all other belonging to the court of the king : the proceeding also against these offenders seemeth meerly legal , and not parliamentary or ex arbitrio . for the tryal was according to law , by battel ; and the judgement ( after the manner of the time ) by putting out the eyes and mutilation of the privy members . as for putting men to death , i confess that it was not at this time ordinary : for william the conquerour had made a law : interdico nequis occidatur , vel suspendatur pro aliqua culpa ; sed eruantur oculi & abscindantur testiculi . but as himself observ'd it not ; so his son made not nice in breaking of it . and i think the barons of that time did in many things , ( especially crimes of treason ) ex arbitrio judicare . besides this , if it had been other than an ordinary course of justice , they would not have call'd it consilium or concilium simply ; but magnum concilium or commune concilium regni , as the phrase then was for parliaments . lastly , tho' it had been a parliament , yet they could not , or at least they would not break the constitutions of the church , by medling with tryals of crime and blood , in diebus pacis ecclesiae : and therefore we must conceive it to be done in term-time , & diebus pacis regis , as the canons alledg'd , and assign'd it . i meet also with a precedent to this purpose in radevicus under the year . whereby it appears , that they began their term or law-day likwise beyond the seas at octabis epiphaniae . curia ( says he ) quae in octavis epiphaniae papiae fuerat indicta , usque in sextam feriam proxime ante caput jejunii ( quia in destructione cremae dominus imperator detinebatur ) est dilata . the norman custumary sheweth also expresly , that this term began at octabis epiphaniae : in saying , that their law-days began and went out with the times of celebrating marriage : which in this part of the year ( as we shewed before ) came in at octab. epiphaniae , and went out at septuagesima , as it still doth . and the court of the arches doth still hold the same beginning . the exchequer also being brought out of normandy , seemeth to retain at this day the steps of the norman custume . for in that it openeth eight days before the beginning of the term , it openeth upon the matter at octabis epiphaniae : by which it appeareth that it was then no vacation , and that the term was begun at octabis epiphaniae ; whereby it is the likelyer also that it ended at septuagesima , lest beginning it , as we now do , it might fall out some years to have no hilary-term at all , as shall anon appear . and this our ancient use of ending the term at septuagesima is some inducement to think , the council of erpford is depraved , and that the word there quinquagesima should be septuagesima , as the gloss there reporteth it to be in some other place : and as well gratian mistakes this , as he hath done the council it self , attributing it to ephesus a city of ionia , instead of erpford a town in germany ; where burchard before him , and binius since , do now place it . it comes here to my mind , what i have heard an old chequer-man many years ago report , that this term and trinity-term were in ancient time either no terms at all , or but as reliques of michaelmass and easter-terms , rather than just terms of themselves : some courses of the chequer yet encline to it . and we were both of the mind , that want of business ( which no doubt in those days was very little ) by reason suits were then for the most part determined in inferiour courts , might be the cause thereof . but i since observe another cause , viz. that septuagesima or church-time one while trode so near upon the heels of octabis epiphaniae ( i mean came so soon after it , ) as it left not a whole week for hilary-term ; and again , another while , trinity sunday fell out so late in the year , that the common necessity of hay-seed and harvest , made that term very little and unfrequented . for insomuch as easter ( which is the clavis , as well to shut up hilary-term , as to open trinity-term ) may , according to the general council of nice , holden in the year . fall upon any day between the st . of march exclusively , which then was the aequinoctium , and the . of april inclusively , ( as the farthest day that the sunday following the vernal full-moon can happen upon ; ) septuagesima may sometimes be upon the eighteenth of january , and then could they in ancient time not have above four days term , and we at this day no term at all , because we begin it not till the d. of january , which may be six days after septuagesima , and within the time of church-vacation . but what hilary-term hath now lost at the beginning of it , it hath gained at the latter ending . of trinity-term i shall speak more by and by . chap. xiii . easter-term . easter-term , which now beginneth two days after quindena paschae , began then as the law of edward the confessour appointed it , at octabis . this is verified by glanvil , who maketh one of his writs returnable thus ; rex &c. summone per bonos summonitores quatuor legales milites de vicineto de stock , quod sint ad clausum paschae coram me vel justiciis meis apud westmonasterium ad eligendum supra sacramentum suum duodecim legales milites . but , as it began then nine days sooner than it now doth , so it ended six or seven days sooner , viz. before the vigil of ascension ; which i take to be the meaning of the law of edward the confessour , appointing the time from the ascension ( inclusivè ) to the octaves of pentecost , with ascension-eve , to be dies pacis ecclesiae , and vacation . chap. xiv . trinity-term . trinity-term therefore in those days began as it now doth ( in respect of the returns ) at octab. pentecostes , which being always the day after trinity sunday , is now by the stat. of . of hen. viii . appointed to be called crastino trinitatis . but it seemeth that the stat. of . of hen. iii. changed the beginning of this term from crastino trinitatis , to octabis trinitatis , and that therefore the stat. of hen. viii . did no more in this point than reduce it to the former original . as touching the end of this term , it seemeth also that the said stat. of . hen. iii. assigned the same to be within two or three days after quindena sancti johannis , ( which is about the twelfth of july ) for that statute nameth no return after . but , for ought that hindreth by the canons , it is tanquam terminus sine termino ; for , there was no set canon or ecclesiastical law ( that i can find ) to abridge the continuance thereof till michaelmass , unless the seven days next before st. john baptist , were ( according to the canon of erpford ) used as days of intermission , when they fell after the octaves of pentecost as commonly they do ; tho' this year . four of them fell within them : and except the ember-days meet after holy-rood ; for jejunia quatuor temporum , as well by the laws of canutus , and edward the confessour , as by all other almost before recited , are either expresly or implicitely exempted from the days of law. but when trinity sunday fell near the feast of st. john baptist , then was the first part of this term so thrust up between those days of the church , that it was very short ; and the latter part being always fixt , did so hinder hay-seed and harvest following , that either the course of it must be shortned , or it must still usurp upon the time , allotted by nature to collect the fruits of the earth . for as religion closed the courts of law in other parts of the year , so now doth publick necessity stop the progress of them ; following the constitution of theodosius , thus decreeing ; — omnes dies jubemus esse juridicos . illos tamen remanere feriarum dies fas est geminis mensibus ; ad requiem laboris indulgentior annus excepit : aestivis quoque fervoribus mitigandis , & autumpnis fructibus decerpendis . this is also confirmed in the canon conquestus ; and in gratian with the glosses upon them , to which i leave you . but it is of old thus expressed by statius , as if it were ex jure gentium : certe jam latiae non miscent jurgia leges , et pacem piger annus habet , messesque reversae dimisere forum : nec jam tibi turba r●orum vestibulo , querulique rogant exire clientes . the latian laws do no man now molest , but grant this weary season peace and rest ; the courts are stopt when harvest comes about , the plaintiff or defendant stirs not out . so the longobards ( our brethren as touching saxon original ) appointed for their vintage a particular vacation of thirty days , which paulus diaconus doth thus mention : proficiscentes autem eo ad villam , ut juxta ritum imperialem triginta diebus ad vindemiam jocundaretur . so also the western goths ( a branch of the northern nations ) ordain'd pro messivis feriis , à . kal. augusti , usque ad . kal. septembris , &c. observandas . whereby it appeareth that this time was not onely a time of vacation in those ancient days , but also of feasting and merriment , for receiving the fruits of the earth ; as at nabal's and absalom's sheep-shearing , and in divers parts of england at this day . so the normans , whose terms were once not so much differing from ours , might not hold their assizes or times of law , but after easter and harvest ; ( that is , after the times of holy church and publick necessity ) as appeareth by their custumary . and forasmuch as the swainmote-courts are by the ancient forest-laws appointed to be kept fifteen days before michaelmass ; it seemeth to be intended that harvest was then done , or that in forests little or no corn was then used to be sown . but it is to be remembred , that this vacation by reason of harvest , hay-seed , vintage , &c. was not of so much solemnity as those in the other parts of the year , and therefore called of the civilians , dies feriati minus solennes ; because they were not dedicated divino cultui , but humanae necessitati . therefore tho' law business was prohibited on these days , to give ease and freedom unto suiters whilst they attended on the store-house of the common-wealth ; yet was it not otherwise than that by consent of parties they might proceed in this vacation ; whereof see the decreta gregorii . to this effect , in a ms. of the lives of the abbots of st. albans , i meet with this precedent : that . non. aug. anno dom. . indictione . comparentibus judicialiter coram nobis offic. cur eborum . commissario generali in majore ecclesia eborum loco 〈…〉 pro tribunali sedentibus fratre johanne de redburne , 〈…〉 s. albani , ordinis s. benedicti lincolniensis dioeces . procuratore , r●●g . virorum dominorum abbatis & conventus ejusdem monasterii verorum patronorum ecclesiae de appleton in rydale eborum . dioc. procuratorio pro eisdem ex una , ac domino waltero flemengs rectore ejusdem ecclesiae personaliter ex altera : idem dominus walterus rector , tempore messium non obstante , ipsoque tunc in nobis ut in judice suo ad infra scripta judicialiter consentiente , fatebatur se teneri dictis dominis abbati & conventui & eorum monasterio in . libris argenti , nomine pensionis sex marcarum annuarum eisdem religiosis ab eo & dicta sua ecclesia de tempore quo rector ejusdem ecclesiae extitit , debit . & per eundem per idem tempus subtractis . chap. xv. of michaelmass-term according to the ancient constitutions . michaelmass-term ( as the canons and laws aforesaid leave it ) was more uncertain for the beginning than for the end . it appeareth by a fine taken at norwich , . hen. iii. that the term was then holden there , and began within the octaves of saint michael ; for the cyrograph of it is ; haec est finalis concordia facta in curia domini regis apud norwicum , die martis proximo post festum sancti michaelis , anno regni regis henrici filii regis johannis . coram tho. de mulet , rob. de lexint , olivero , &c. i observe that the tuesday next after st. michael can ( at the farthest ) be but the seventh day after it , and yet it then must be a day within the octaves ; whereas the term now beginneth not till the third day after the octaves . but gervasius tilburiensis , who lived in hen. ii's time , hath a writ in these words : — n. rex anglorum , [ illi vel illi ] vicecomiti jalutem . vide , sicut teipsum & omnia tua diligis , quod sis ad scaccarium [ ibi vel ibi in crastino sancti michaelis , vel in crastino clausi paschae ] & habeas ibi tecum quicquid debes de veteri firma & nova , & nominatim haec debita subscript . viz. &c. by which it appeareth that the term in the exchequer , as touching sheriffs and accomptants , and consequently in the other parts , began then as now it doth , saying that the statute de scaccario , . hen. iii. hath since appointed , that sheriffs and accomptants shall come to the exchequer the monday after the feast of st. michael , and the monday after the vtas of easter * . which time , not being ferial or church-days , is freely allow'd to term business , if the octaves of st. michael had no priviledge ; of which hereafter . it is to be noted that the term in the exchequer hath one return at the beginning of every term before the first return in other courts , excepting trinity-term ; viz. crastino s. michaelis , in michaelmass-term ; octabis s. hilarii , in hilary-term ; and octabis or clausum paschae , in easter-term . and it seemeth , that crastino trinitatis was so likewise in trinity-term before the stat. . hen. viii . and these returns or the space of eight days , in which the exchequer is open before the full term , ( which now we commonly call the beginning of the term ) are counted to be term-time , as appeareth by the said statute , where it is thus enacted ; that trinity-term shall begin the monday next after trinity sunday , for keeping of the essoignes , profers , returns , and other ceremonies heretofore used , &c. and that the full term of the said trinity-term , shall yearly for ever begin the friday * .... the end is certainly prefixed by the canons and laws aforesaid , that it may not extend into advent . and it holdeth still at that mark ; saving that because advent sunday is moveable , according to the dominical letter , and may fall upon any day between the twenty sixth of november and the fourth of december , therefore the twenty eighth of november ( as a middle period by reason of the feast and eve of st. andrew ) hath been appointed to it . howbeit when advent sunday falleth on the twenty seventh of november , as sometimes it doth , then is the last day of the term ( contrary to the canons and former constitutions ) held in advent , and consequently void , if custom help it not , or , for more security the statute of . edw. i. ca. . where the bishops , at the king's request , admit assizes and inquests to be taken in advent , as it after shall more largely appear . chap. xvi . the later constitutions of the terms . to leave obscurity and come nearer the light , it seemeth by the statutes of . hen. iii. called dies communes in banco , that the terms did then either begin and end as they do now , or that those statutes did lay them out , and that the statute of . edw. iii. cap. . confirmed that use : for the returns there mentioned are neither other , more or fewer than at this day . chap. xvii . how trinity-term was alter'd and shortned . trinity-term is alter'd and shortned by the statute of . hen. viii . chap. . which hath ordained it quoad sessionem , to begin for ever the friday after corpus christi day , and to continue nineteen days ; whereas in elder times it began two or three days sooner . so that corpus christi day being a moveable feast , this term cannot hold any certain station in the year , and therefore this year . it began on st. john baptist's day , and the last year it ended on his eve. hereupon , tho' by all the canons of the church and former laws , the feast of st. john baptist was a solemn day , and exempt from legal proceedings in courts of justice ; yet is it now no vacation day , when corpus christi falleth ( as it did this year . ) the very day before it : for that the statute hath appointed the term to begin the friday next after corpus christi day , which was the day next this year before st. john baptist , and so the term must of necessity begin on saint john baptist's day . this deceived all the ptognosticators , who counting st. john baptist for a grand day , and no day in court , appointed the term in their almanacks to begin the day after , and consequently to hold a day longer ; deceiving many by that their errour . but , the aforesaid statute of . hen. viii . changed the whole frame of this term : for it made it begin sooner by a return , viz. crastino sanctae trinitatis , and thereby brought octabis trinitatis , which before was the first return , to be the second , and quindena trinitatis which before was the second , now to be the third ; and instead of the three other returns of crastino octabis , and quindena sancti johannis , it appointed that which before was no return , but now the fourth and last , called tres trinitatis . the altering and abbreviation of this term is declared by the preamble of the statute , to have risen out of two causes , one for health , in dismissing the concourse of people in that contagious time of the year ; the other for wealth , that the subject might attend his harvest , and gathering in the fruits of the earth . but there seemeth to be a third also not mention'd in the statute , and that is , the uncertain station , length and returns of the first part of this term , which , like an excentrick , was one year near to st. john baptist , another year far removed from it ; and thereby making the term not only various , but one year longer , and another shorter , according as trinity sunday ( being the clavis to it ) fell nearer or farther off from st. john baptist . for if it fell betimes in the year , then was this term very long , and the two first returns of octabis and quindena trinitatis might be past and gone a fortnight and more , before crastino sancti johannis could come in : and if it fell late , ( as this year . it did ) then would crastino sancti johannis be come and past , before octabis trinitatis were gone out . so that many times one or two of the first returns of this term ( for ought that i can see ) must in those days needs be lost . * chap. xviii . how michaelmass-term was abbreviated by act of parliament , . car. i. cap. . the last place our statute-book affords upon this subject of the limits and extent of the terms , is the stat. . car. i. chap. . intituled , an act concerning the limitation and abbreviation of michaelmass-term . for whereas by former statutes it doth appear , that michaelmass-term did begin in octabis sanctae michaelis , that statute appoints , that the first return in this term shall ever hereafter be à die sancti michaelis in tres septimanas , so cutting off no less than two returns from the ancient beginning of this term , viz. octabis sancti michaelis , & à die sancti michaelis in quindecim dies , and consequently making the beginning of it fall a fortnight later than before . wherefore the first day in this term will always be the twenty third day of october , unless it happen to be sunday , for then it must be defer'd till the day following ; upon which account we find it accordingly placed on the twenty fourth for the year . this is all the alteration that statute mentions , and therefore for the end of michaelmass-term , i refer the reader to what our author has said already in the th . chapter . it may not be amiss in pursuit of our author's method to set down the motives of making this abbreviation as we find them reckon'd up in the preamble to that statute . there we find , that the old beginning of michaelmass-term , was generally found to be very inconvenient to his majesty's subjects both nobles and others . first , for the keeping of quarter-sessions next after the feast of st. michael the archangel ; secondly , for keeping their leets , law-days and court-barons : thirdly , for the sowing of land with winter-corn , the same being the chief time of all the year for doing it ; fourthly , for the disposing , and setting in order of all their winter husbandry and business ; fifthly , for the receiving aud paying of rents ; sixthly , because in many parts of this kingdom , especially the most northern , harvest is seldom or never inned till three weeks after the said feast . all which affairs they could before by no means attend , in regard of the necessity of their coming to the said term , so speedily after the feast of st. michael the archangel , to appear upon juries , and to follow their causes and suits in the law. sect . v. other considerations concerning term-time . having thus laid out the frame of the terms , both according to the ancient and modern constitutions , it remaineth that we speak something of other points properly incident to this part of our division touching term-time , viz. . why the courts sit not in the afternoons . . why not upon some whole days , as on grand-days , double feasts , and other exempted days , and the reason of them . . why some law business may be done on days exempted . . why the end of michaelmass-term is sometimes holden in advent , and of hilary-term in septuagesima , sexagesima , and quinquagesima . . why the assizes are holden in lent , and at times generally prohibited by the church . . of returns . . of the quarta dies post . . why i have cited so much canon , civil , feodal , and foreign laws in this discourse , with an excursion into the original of our laws . chap. i. why the high courts sit not in the afternoons . it is now to be considered , why the high courts of justice sit not in the afternoons . for it is said in exodus , that moses judged the israelites from morning to evening . and the romans used the afternoon as well as the forenoon , yea , many times the afternoon and not the forenoon , as upon the days called endotercismi or intercisi , whereof the forenoon was nefastus or vacation , and the afternoon fastus or law-day , as we shewed in the beginning . and the civilians following that law do so continue them amongst us in their term at this day . but our ancestours and other the northern nations being more prone to distemper and excess of diet ( as the canon law noteth of them ) used the forenoon only , lest repletion should bring upon them drowsiness and oppression of spirit ; according to that of st. jerome , pinguis venter non gignit mentem tenuem . to confess the truth , our saxons ( as appeareth by huntington ) were immeasurably given to drunkenness . and it is said in ecclesiastes , vae terrae cujus principes mane comedunt . therefore to avoid the inconvenience depending hereon , the council of nice ordained , that judices non nisi jejuni leges & judicia decernant . and in the council of salegunstad it was after decreed , vt lectio nicaeni concilii recitetur , which being done in the words aforesaid , the same was likewise there confirm'd . according to this , in the laws of carolus magnus the emperour it is ordained , ( logobard lib. . ) vt judices jejuni causas audiant & discernant : and again in the capitulars caroli & lodovici , ne placitum comes habeat nisi jejunus . where the word comes , according to the phrase of that time , is used for judex , as elsewhere we have at large declared . to the same effect is the capitular ad legem salicam : and out of these and such other constitutions ariseth the rule of the canon law , that quae à prandio fiunt consultationes , inter decreta non referuntur . yet i find that causes might be heard and judged in the afternoon ; for in capitulars lib. . can. . and again lib. . can. . it is said , causae viduarum , pupillorum & pauperum audiantur & definiantur ante meridiem , regis vero & potentium post meridiem . which tho' it seem contradictory to the constitutions aforesaid , yet i conceive them to be thus reconcilable : that the judges ( sitting then but seldom ) continued their courts both forenoon and afternoon , from morning till evening without dinner or intermission , as at this day they may , and often do , upon great causes : tho' being risen and dining , they might not meet again ; yet might they not sit by night , or use candle light , quod de nocte non est honestum judicium exercere . and from these ancient rites of the church and empire is our law derived , which prohibiteth our jurours , being judices de facto , to have meat , drink , fire or candle-light , till they be agreed of their verdict . it may be here demanded how it cometh to pass , that our judges after dinner do take assizes and nisi prius in the guild-hall of london , and in their circuits ? i have yet no other answer but that ancient institutions are discontinued often by some custom grating in upon them , and changed often by some later constitution , of which kind the instances aforesaid seem to be . for assizes were ordained many ages after by henry ii. as appeareth by the charter of beverly , glanvil and radulphus niger ; and nisi prius by edward i. in the statutes of westminster . tho' i see not but in taking of them the ancient course might have been continued , if haste would suffer it . chap. ii. why they sit not at all some days . though there be many days in the terms , which by ancient constitutions before recited are exempted from law-business , as those of the apostles , &c. and that the statute of edw. vi. appointed many of them to be kept holy-days , as dedicated , not unto saints , but unto divine worship , which we also at this day retain as holy-days : yet do not the high courts forbear sitting in any of them , saving on the feast of the purification , the ascension , st. john baptist , all-saints , and the day after , ( tho' not a feast ) called all-souls . when the others lost their priviledge and came to be term-days , i cannot find ; it sufficeth that custome hath repealed them by confession of the canonists . yet it seemeth to me , there is matter for it in the constitutions of our church , under islepe arch-bishop of canterbury , in the time of edward iii. for tho' many ancient laws and the decretals of gregory ix . had ordained judicialem strepitum diebus conquiescere feriatis ; yet in a synod then holden , wherein all the holy-days are appointed and particularly recited , no restraint of judicature or forensis strepitus is imposed , but a cessation only ab universis servilibus operibus , etiam reipublicae utilibus . which tho' it be in the phrase that god himself useth touching many great feasts , viz. omne servile opus non facietis in iis , yet it is not in that wherein he instituteth the seventh day to be the sabbath , non facies omne opus in eo , without servile , thou shalt do no manner of work therein . now the act of judicature , and of hearing and determining controversies is not opus servile , but honoratum & plane regium , and so not within the prohibition of this our canon , which being the latter seemeth to qualifie all the former . yea the canonists and casuists themselves not only expound opus servile of corporal and mechanick labour , but admit twenty six several cases , where ( even in that very kind ) dispensation lieth against the canons , and by much more reason then , with this in question . it may be said that this canon consequently giveth liberty to hold plea and courts , upon other festivals in the vacations . i confess that so it seemeth ; but this canon hath no power to alter the bounds and course of the terms , which before were settled by the statutes of the land , so that in that point it wrought nothing . but here ariseth another question , how it chanceth that the courts sit in easter-term upon the rogation-days , it being expresly forbidden by the council of medard , and by the intention of divers other constitutions ? it seemeth that it never was so used in england , or at least not for many ages , especially since gregory ix . insomuch that among the days wherein he prohibiteth forensem strepitum , clamourous pleading , &c. he nameth them not . and tho' he did , yet the glossographers say , that a nation may by custom erect a feast that is not commanded by the canons of the church . et eodem modo posset ex consuetudine introduci , quod aliqua quae sunt de praecepto non essent de praecepto , sicut de tribus diebus rogationum , &c. to be short , i find no such priviledge for them in our courts , as that they should be exempt from suits ; tho' we admit them other church rites and ceremonies . we must now ( if we can ) shew why the courts , sitting upon so many ferial and holy-days , do forbear to sit upon some others , which before i mention'd ; the purification , ascension , st. john baptist , all-saints , &c. for in the synod under islepe before mention'd , no prerogative is given to them above the rest , that fall in the terms ; as namely , st. mark and st. philip and jacob , when they do fall in easter-term , st. peter in trinity-term , * st. luke and ss . simon and jude in michaelmass-term . it may be said , that , although the synod did only prohibit opera servilia to be done on festival-days , as the offence most in use at that time ; yet did it not give licence to do any act that was formerly prohibited by any law or canon . and therefore if by colour thereof , or any former use ( which is like enough ) the courts did sit on lesser festivals , yet they never did it on the greater , among which as majoris cautelae gratia , those opera servilia are there also prohibited to be done on easter-day , pentecost , and the sunday it self . let us then see which are the greater feasts , and by what merit they obtain the priviledge , that the courts of justice sit not on them . as for sunday , we shall not need to speak of it , being canonized by god himself . as for easter and whitsunday , they fall not in the terms : yet i find a parliament held , or at least begun on whitsunday . but touching feasts in general , it is to be understood , that the canonists , and such as write de divinis officiis , divide them into three sorts , viz. festa in totum duplicia , simpliciter duplicia , & semiduplicia . and they call them duplicia , or double feasts , for that all , or some parts of the service , on those days were begun voce duplici , that is , by two singing-men ; whereas on other days all was done by one . our cathedral churches do yet observe it : i mean not to stay upon it : look the rationale ; which feasts were of every of these kinds . the ordinary apostles were of the last , and therefore our courts made bold with them : but the purification , ascension , st. john baptist , with some others that fall not in the term , were of the first , and because of this and some other prerogatives were also called festa majora , festa principalia , & dies novem lectionum , ordinarily , double feasts , and grand days . mention is made of them in an ordinance . edw. iii. that writs were ordained to the bishops , to accurse all and every of the perturbers of the church , &c. every sunday and double feast , &c. but we must needs shew why they were called dies novem lectionum ; for so our old pica de sarum styleth them , and therein lyeth their greatest priviledge . after the arian heresie against the trinity , was by the fathers of that time most powerfully confuted and suppressed , the church in memory of that most blessed victory , and for better establishing of the orthodox faith in that point , did ordain , that upon divers festival-days in the year , a particular lesson touching the nature of the trinity , besides the other eight , should be read in their service , with rejoycing and thanksgiving to god for suppressing that horrible heresie : and for the greater solemnity , some bishop , or the chiefest clergy-man present , did perform that duty . thus came these days to their styles aforesaid , and to be honoured with extraordinary musick , church-service , robes , apparel , feasting , &c. with a particular exemption from law-tryals amongst the normans , who therefore kept them the more respectively here in england : festa enim trinitatis ( saith belethus ) digniori cultu sunt celebrandi . in france they have two sorts of grand days , both differing from ours : first , they call them , les grand jours , wherein an extraordinary sessions is holden in any circuit , by virtue of the king's commission directed to certain judges of parliament . secondly , those in which the peers of france hold once or twice a year their courts of haught justice ; all other courts being in the mean time silent . see touching these , loyseau de seigneures . to come back to england , and our own grand days , i see some difference in accounting of them : durandus in the first chapter of his seventh book , reckoneth the purification , ascension and st. john baptist to be grand days , not mentioning all-saints ; but both he in his th . chapter , and belethus in his — do call it festum maximum & generale , being not only the feast of apostles and martyrs , but of the trinity , angels and confessours , as durandus termeth it . and that honour therefore and duty quod in singulis valet , potentius valebit in conjunctis . as for the feast of all-souls , neither durandus nor belethus , nor any ancient of those times ( for they lived almost . years since ) do record it for a festival . but our country-man walsingham the monk of st. albans saith , that simon arch-bishop of canterbury in the year . at a provincial council holden at london , did ordain , quod die parasceue & in commemoratione omnium animarum ab omni servili opere cessaretur . surely he mistook it ; for neither is it so mention'd in lindewood , reciting that canon , nor in the ancient copy of the council it self , where the two feasts canonized by him are the paresceue and the conception of the blessed virgin. yet doubtless , whensoever it was instituted it was a great feast with us , tho' no where else . for the old breviarium eboracensis ecclesiae , doth not only set it down in the kalendar for a double feast , but appointeth after , the whole service , with the nine lessons for it , as a feast of the trinity . and though neither the statute of edward vi. nor our church at this day do receive it ; yet being formerly a vacation day ( as it seemeth ) our judges still forbear to sit upon it , as not hitherto made a day in courts , tho' deprived of festival rites , and therefore neither graced with robes nor feasting . the feast also of st. peter and paul on the th . of june was a double feast , yet it is now become single , and our judges sit upon it . i confess i have not found the reason , unless that by decanonizing st. paul and so leaving st. peter single , we allow him no prerogative above the other apostles , lest it should give colour for his primacy ; for to st. paul , as one born out of time , we allow no festival , either in the statute of edward vi. or in the almanacks and kalendars of our church . and why st. peter hath it not is the more observable , for that he not only is deprived of the ancient rights of his apostleship , contrary to the canons ( as the other are ; ) but also of the priviledge given him in that place by pope nicholas the d. in a bull to edward the confessour ; and being patron of the paroche and dedication of westminster , where the terms are kept , and where by the right of his day he was also priviledged from court business . other festivals i enquire not after , as of st. dunstan and the rest that stand rubricate in old kalendars ; they being either abrogated by old canons of our own church , or the statute of edward vi. whereof i must note by the way that i find it repealed by queen mary , but not revived by queen elizabeth or since . i am carried from the brevity i intended , yet all this lyeth in my way ; nor is it out of it to speak a word of st. george's-day , which sometimes falleth in easter-term , and is kept in the court royal with great solemnity , but not in the courts judicial . tho' he stood before in the kalendar , and was the english patron of elder time , yet h. chichley arch-bishop of canterbury gave him his greatness , by canonizing his day to be as a double feast and grand day , as well among the clergy as laity ; and that both the one and other repairing to their churches should celebrate it ( as christmass-day ) free from servile-work , in ardent prayers for safety of the king and kingdom . the occasion of this constitution was , to excite king henry the v. being upon his expedition for normandy ; and tho' this , among other holy-days , was abolished by the statute . and . of edw. vi. yet it being the festival of the knights of the garter , it was provided in the statute , that the knights might celebrate it on the d. d. and th . of april . other feasts there were of this nature ; as that of st. wenefred on the second of november , which is in effect no day of sitting , but applied to the pricking of sheriffs . these are vanished , and in their room we have one new memorably day of intermitting court and law business for a little in the morning , whilst the judges in their robes go solemnly to the great church at westminster on the fifth of november yearly , to give god thanks for our great delivery from the powder-treason , and hear a sermon touching it ; which done , they return to their benches . the institution hereof is by act of parliament jacobi , and it is of the kind of those ferial days , which being ordained by the emperours , not by the popes , are in canon and civil law called dies feriati repentini . i will go no farther among the tedious subtilties of distinguishing of days ; i have not been matriculated in the court of rome : and i confess i neither do nor can explain many objections and contrarieties that may be gathered in these passages . some oedipus or ariadne must help me out . chap. iii. why some law business may be done on days exempted . in the mean time let us see , why some law business may be done on days exempted , and sometimes on sunday it self , notwithstanding any thing before mentioned . for as in term-time some days are exempted from term business , and some portion of the day from sitting in courts ; so in the vacation-time and days exempted , some law business may be performed by express permission of the canon law , according to that of the poet in the georgicks , quippe etiam festis quaedam exercere diebus fas & jura sinunt — the synod of medard admitteth matters de pace & concordia , to be dispatched both on holy days and on sunday it self : the laws of hen. i. matters of concord and doing fealty to the lord : the decree of gregory ix . cases of necessity and doing piety , according to that of prosper , non recto servat legalia sabbata cultu , qui pietatis opus credit in his vetitum . the rule is verified by our saviour's healing on the sabbath . out of these and such other authorities of the laws ecclesiastical and civil , cited in the glosses , the canonists have collected these cases , wherein judges may proceed legally upon the days prohibited , or do the things herein following . for matters of peace and concord , by reason whereof our judges take the acknowledgement of fines , statutes , recognizances , &c. upon any day , even the sabbath-day , ( tho' it were better then forborn , if necessity require it not . ) for suppressing of traitours , thieves , and notoriours offenders , which may otherwise trouble the peace of the common-wealth , and endanger the kingdom . for manumission of bond-men : a work of piety . for saving that which otherwise would perish : a work of necessity . for doing that , which time overslipt , cannot be done : as for making appeals within the time limited , &c. for taking the benefit of a witness that otherwise would be lost , as by death , or departure . for making the son sui juris : as if , amongst us , the lord should discharge his ward of wardship . all which are expressed in these verses ; haec faciunt causas festis tractare diebus , pax , scelus admissum , manumissio , res peritura , terminus expirans , mora testis abesse volentis , cumque potestatis patriae jus filius exit . or thus according to panormitanus ; ratione appellationis , pacis , necessitatis , celeritatis , pietatis , matrimonii , latrocinii , & ubicunque in mora promptum est periculum . so likewise by consent of parties upon dies feriati minus solennes , viz. harvest , hay-seed , &c. as we have said before . and divers others there are , whereof see the glosses in gratian , and in the chapter conquestus ; but especially the title de feriis & dilationibus in ff . from whence most of the premises are deduc'd ▪ and where also , by a constitution of trajan , military business may be done in diebus feriis , and at all times . rescripsit ( saith the law ) ferias tantum à forensibus negotiis dare vacationem ; ea tamen quae ad disciplinam militarem pertinerent , esse feriatis diebus peragenda . upon these reasons , the admiral-court is always open ; for that strangers and merchants and sea ▪ faring-men , must take the opportunity of tides and of winds , and other necessities ; and cannot without ruine or great prejudice attend the solemnity of courts and dilatory pleadings . the marshal's court also for military matters , falleth within the priviledge granted by trajan : yet hath it observ'd , as near as conveniently it may , the canons of the church ; as forbearing to assign battle in quadragesima & temporibus prohibitis . and so lately in the case between the lo. raye and mr. ramesey . so likewise the chancery , being a court of piety , is said to be always open : but i take this to be understood as it is officina brevium and consistorium aequi & boni ; not where it is praetorium juris communis , and proceedeth in course of the common law. as for the star-chamber , it is in lieu of that which was in ancient time the counsel-chamber , and specula regni , the watch-tower of the kingdom : where the barons and other of the king's counsel us'd to meet ad prospiciendam fovendamque remp. to discover , prevent , and suppress all dangers and enormities occurrent , and to provide for the safety and good of the kingdom . it was necessary therefore that this session should not only be daily open , but ( as is said of the house of fame ) nocte dieque patens ; for an evil may happen in the night that would be too late to prevent in the morning . and therefore the statute of . henr. vii . and . henr. viii . enlarging the jurisdiction hereof , do not circumscribe it either with term-time or days of sitting . chap. iv. why the end of michaelmass-term is sometimes holden in advent ; and of hilary , in septuagesima , &c. but the terms sometimes extend themselves into the days of the church which we call vacation ; as when advent sunday chanceth on the th . of november , then michaelmass-term borroweth the day after out of advent ; and when septuagesima followeth suddenly upon the purification , hilary-term not only usurpeth upon it and sexagesima , ( which by the precedent of the church of rome here before mention'd it may do , ) but also upon quinquagesima , ash-wednesday , and quadragesima it self ; for all which there is matter enough in one place or other already shewn . yet it is farther countenanced by the statute of . edw. i. cap. . where it is thus provided ; forasmuch as it is great charity to do right unto all men at all times ( when need shall be ; ) by assent of all the prelates it was provided , that assizes of novel disseisin , mordauncester , and darrain presentment , should be taken in advent , septuagesima and lent , even as well as inquests may be taken , and that at the special request of the king made unto the bishops . where it is to be noted , that inquisitions might be taken before this statute within the days prohibited , or church time , and that this licence extended but to the particularities therein mentioned . chap. v. why assizes be holden in lent. it seemeth that by virtue of this statute , or some other particular dispensation from the bishops , assizes began first to be holden in lent , contrary to the canons . i find in an ancient manuscript of the monastery of st. albans a dispensation of this kind , thus entituled ; licentia concess . justic . reg. de assis . tenend . sacro tempore non obstante . pateat universis per praesentes nos ricardum ( miseratione divina ) abbatem monasterii sancti albani , licentiam & potestatem authoritate praesentium dedisse dilecto nobis in christo domino johanni shardlow & sociis suis justic . dom. regis , assisas apud barnet ( nostrae jurisdictionis exemptae ) die lunae proximo ante festum s. ambrosii capiendi juxta formam , vim , & effectum brevis domini regis inde iis directi . in cujus , &c. anno domini , &c. sub magno sigillo . whether this was before or after the statute , it appeareth not ; it may seem before ; for that otherwise it needed not . but i find shardlow to be justice of oier in pickering forest , . aug. an. . edw. i. if it were after , it seemeth the writ to the justices extended to somewhat out of the statute , and that this licence was obtained in majorem cautelam . but to conclude ; hereby it appeareth that although we find not the reasons of things done in ancient ages , yet nothing was done against the rules of the church without special licence and dispensation * . the feast of st. ambrose mentioned in the licence was on the fourth of april , which commonly is about a week or two before easter . and the abbat of st. alban , having exempt jurisdiction within the province of canterbury , granteth this dispensation to hold assizes in tempore sacro , as the rubrick explaineth it , lest the words [ nostrae jurisdictionis exemptae ] might be applied to some layick franchise : i assure my self there are many of this kind , if they might come to light . and as they granted licence in times prohibited , so they censur'd such as offended without licence ; as appeareth by the case of sir gilbert plumpton an. . who being to be hang'd at worcester upon the sunday for a rape committed by him , the bishop prohibited execution for that day upon pain of excommunication , &c. chap. vi. of the returns . of the returns i will not venture to speak much , but nothing at all of essoine and exception-days , for that draweth nearer to the faculty of lawyers , wherein i mean not to be too busie . the returns are set days in every term appointed to the sheriff , for certifying the courts what he hath done , in execution of the writs he received from them . and i take it , that in old time they were the ordinary days set to the defendants for appearance , every one of them being a sennight after another , to the end that the defendant according to his distance from the place where he was to appear , might have one , two , three , or more of these returns , that is , so many weeks for his appearance , as he was counties off in distance from the court where he was to appear . this is verified by the law of ethelred the saxon king , in case of vouching upon trover . gif he cenne ofer an scira . haebbe an ƿucena fyrrst ; gif he cenne ofer tƿa scira . haebbe tƿa ƿucena fyrst ; gif he cenne ofer iii. scira . haebbe iii. ƿucena fyrst ; ofer eal sƿa fela scira . sƿa he cenne . haebbe sƿa feala ƿucena fyrrt ; i. e. if the vouchee dwell one shire off , let him at first have one week ; if two shires off , let him have two weeks ; if three shires off , let him have three weeks ; and for so many shires as he dwelleth off , let him have so many weeks . the law of henry the first is somewhat more particular ; qui residens est ad domum suam , summoniri debet de placito quolibet cum testibus . et si d●mi [ non ] est , idem dicatur vel dapifero , vel denique familiae suae libere denuncietur 〈◊〉 in eodem comitatu sit , inde ad septem dies terminum habeat ; si in alia schira ●it , . dierum terminum habeat ; & si in tertio comitatu sit , . hebdomadae ; 〈◊〉 quarto , quartae hebdomadae ; & ultra non procedit ubicunque fuerit in anglia , 〈◊〉 competens eum detineat * soinius ; s●ultra mare est . hebdomadas habeat & unum diem ad accessum & recessum maris , nisi vel occupatio servitii regis , vel ipsius aegritudo , vel tempestas , vel competens aliquod amplius respectet . the statute of marlebridge cap. . soundeth to this purpose ; in assisis autem ultimae praesentationis & in placito quare impedit de ecclesiis vacantibus dentur dies de quindena in quindenam , vel de tribus septimanis in tres septimanas , prout locus fuerit propinquus vel remotus . and again , cap. . sed si vocatus , &c. ( ad warrantum coram justiciar . itinerantibus ) fuerit infra comitatum , tunc injungatur vicecomiti , quod ipsum infra tertium diem vel quartum ( secundum locorum distantiam ) faciat venire sicut in itinere justiciar . fieri consuevit . et si extra comitatum maneat , tunc rationabilem habeat summonitionem . dierum ad minus secundum discretionem justiciar . & legem communem . there was also another use of returns , as appeareth by the reformed custumary of normandy , artic. the th . some of them belonged to pleas of goods and chattels , which we call personal actions , as those of octab. some to pleas of land , and real actions , as those of quindena . pleas of goods and chattels were holden from octabis to octabis ; pleas of land not sooner than from quindena to quindena . nul n'est tenu de respondere de son heretage en moindre tems que de quinzaine in quinzaine . the more solemn actions had the more solemn returns , as we see by the stat. of dies communes in banco , which i leave to my masters of the law. i will not speak of the returns particularly , more than that octab. is sometimes reckon'd by seven days , sometimes by eight ; by seven days , excluding the feast from which it is counted ; by eight , including it . and the word is borrowed from the constitutions of the church , where the seven days following easter were appointed to be ferial-days ( as we have shewed before ) in imitation of the seven days azymorum , following the passover in the levitical law. but in this manner octab. trinitatis always includeth nine days , reckoning trinity-sunday for one , by reason the just octabis falleth on the sunday following ; which being no day in court , putteth off the return till the next day after , making munday always taken for the octab. unless you will count these two days for no more than one , as the statute de anno bissextili in the like case hath ordained , the superfluous day in the leap-year ( call'd intercalaris ) and the day going next before , to be accounted but one day . it is here to be noted , that although the sundays and grand-days be no days in court , yet they are numbred among the days of retourne , according to the civil law , feriae autem , sive repentinae sive solennes sint , dilationum temporibus non excipiantur , sed his quoque connumerentur . chap. vii . of the quarta dies post . touching the quarta dies post allowed to the defendant for his appearance after the day of return , it is derived from the ancient saxon , salique , french and german laws , where it was ordained , that the plaintiff should per triduum seu amplius adversarium expectare , usque ad occasum solis ( which they called sol satire , ) as appeareth abundantly in their laws , and in the formular of marculfus , and bignonius's notes upon the same . to which also may be added that which occurreth in gratian cap. biduum vel triduum . but the original proceedeth from the ancient custom of the germans mentioned by tacitus ; * illud ex libertate vitium quod non simul nec jussi conveniunt , sed & alter & tertius dies cunctatione coeuntium absumitur . he saith , ex libertate , because that to come at a peremptory time was a note of servitude , which the germans despised . it is very observable , that king edw. iii. calling a great council in the fifteenth year of his reign , wherein were assembled divers bishops and twenty two earls and abbots ; he appointeth them by his writ of summons to meet at london , die mercurii proxime post festum translationis s. thomae martyris proximo futura — vel saltem infra tres dies ex tunc immediate sequentes ad ultimam . the writ carrieth the form , phrase , and stile of a parliament-writ ; but in this point of triduum post differeth from all others that i have seen . hear the writ it self : rex ven. in christo r. eadem gratia bathon . & wellens . episcopo salutem . quia super quibusdam arduis & urgentibus negotiis nos & statum regni nostri angliae contigerit vobiscum & cum aliis praelat . ac magnatibus dicti regni die mercurii proximo post festum translationis sancti thomae martyris proxime futuri apud london colloquium habere & tractatum : vobis in fide & dilectione , quibus nobis tenemini , mandamus firmiter injungentes quod quibuscunque actionibus cessantibus , dictis die & loco , vel saltem infra tres dies ex tunc immediate sequent . ad ultimam personaliter intersitis nobiscum , & cum dictis prelatis & magnatibus super negotiis praedictis tractaturi , vestrumque consilium impensuri . et hoc , sicut nos & honorem nostrum ac jurium & dicti regni nostri commodum diligitis , nullo modo omittatis . teste rege apud turrim london . xii . die junii . per ipsum regem . ¶ vide plus de returnis , ll. h. ii. cap. . chap. viii . why i have used so much canon and foreign law in this discourse , with an excursion into the original of our law. i have used much canon and some other foreign law in this discourse , yet , i take it , not impertinently ; for as these western nations are , for the most part , deduced from the germans , so in ancient times there was a great 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and affinity in their laws : — facies non omnibus una , nec diversa tamen , qualem decet esse sororum . they that look into the laws of our english saxons , of the saliques , french , almayns , ripuarians , bavarians , longobards , and other german nations , about . years since , shall easily find it . out of them , and other manners , rites and customs of the saxons and germans is the first part and foundation of our laws , commonly called the laws of edward the confessour , and common law. two other principal parts ( as from two pole-stars ) take their direction from the canon law and the law of our brethren the longobards ( descending of saxon lineage as well as we ) called otherwise the feodal-law , received generally through all europe . for in matters concerning the church and church-men , advousons , patronage , presentations , legitimation , matrimony , wills , testaments , adultery , defamation , oaths , perjury , days of law , days of vacation , wager of law , and many other things , it proceeded , sometimes wholly , sometimes for the greater part , by the rules and precepts of the canon law. and in matters touching inheritance , fees , tenures by knights-service , rents , services , wards , marriage of wards , reliefs , treason , pleas of the crown , escheats , dower of the third part , aids , fines , felony , forfeiture , tryal by battel , essoine , warrantie , &c. from the feodal law chiefly ; as those that read the books of those laws collected by obertus and gerardus may see apparently . tho' we and divers other nations ( according as befitteth every one in their particular respects ) do in many things vary from them , which obertus confesseth to be requisite , and to happen often among the longobards themselves . i do marvel many times , that my lord cooke , adorning our law with so many flowers of antiquity and foreign learning ; hath not ( as i suppose ) turned aside into this field , from whence so many roots of our law , have of old been taken and transplanted . i wish some worthy lawyer would read them diligently , and shew the several heads from whence these of ours are taken . they beyond the seas are not only diligent but very curious in this kind ; but we are all for profit and lucrando pane , taking what we find at market , without enquiring whence it came . another great portion of our common law is derived from the civil law , ( unless we will say that the civil law is derived from ours . ) dr. cowel , who hath learnedly travelled in comparing and parallelling of them , affirmeth , that no law of any christian nation whatsoever , approacheth nearer to the civil law than this of ours . ( his meaning is no municipal law. ) yet he saith that all of them generali hujus disciplinae aequitate temperantur , & quasi condiuntur . had he not said it , his book it self , intituled institutiones juris anglicani ad methodum & seriem institutionum imperialium compositae & digestae , would demonstrate it : which bracton also above . years before right well understanding , not only citeth the digests and books of civil law in many places for warrant of our common law , but in handling our law pursueth the method , phrase , and matter of justinian's institutes of civil law. when and how these several parts were brought into our common law , is neither easily nor definitively to be expressed . those no doubt of canon law , by the prevalency of the clergy in their several ages : those of the feodal by military princes , at , and shortly after the conquest . and those of civil law , by such of our reverend judges and sages of ancient time , as for justice and knowledge sake sought instruction thence , when they found no rule at home to guide their judgements by . for i suppose they in those days judged many things , ex aequo & bono , and that their judgements after ( as responsa prudentium among the romans , and the codex theodosianus ) became precedents of law unto posterity . as for the parts given unto common law out of the constitutions of our kings since the conquest , and before magna charta ; i refer them ( as they properly belong ) to our statute law , tho' our lawyers do reckon them ordinarily for common law. among these various heads of our law , i deduce none from the scots ; yet must i confess that if those laws of theirs , which they ascribe to malcolm the second , who lived about sixty years before the conquest , be of that antiquity , ( which i cannot but question ) and that our book called glanvil be wholly in effect and verbatim for the greatest part taken out of the book of their law , called regiam majestatem , for they pretend that to be elder than our glanvil ; i must ( i say ) ingenuously confess , that the greatest part or portion of our law is come from scotland , which none i think versed either in story or antiquities will or can admit . to come therefore to the point ; if my opinion be any thing ▪ i think the foundation of our law to be laid by our german ancestours , but built upon and polished by materials taken from the canon law and civil law. and under the capacious name of germans , i not only intend our saxons , but the ancient french and saliques ; not excluding from that fraternity the cimbrian nations , i. e. the norwegians , danes , and normans . and let it not more mislike us to take our laws from the noble germans , a prime and most potent people , than it did the conquering romans theirs from greece , or the learned grecians theirs from the hebrews . it is not credible that the britains should be the authors of them ; or that their laws after so many transmutations of people and government , but especially after the expulsion ( in a manner ) of their nation , or at least of their nobility , gentry and free-men , the abolishing of their language , and the cessation of all commerce with them , and an hereditary hostility settl'd between these nations ; that after all this ( i say ) they should remain or be taken up by the conquering enemy , who scarcely suffered one town in a county to be called as they named it , or one british word almost , ( that i yet have learned ) to creep into their language . admit that much of their servile and base people remained behind them , pleased perhaps as well with their new lords as with their old ; can we think that the saxons should take either laws or manners , or form of government , from these base and servile people ? i would not blemish the least feather of the british honour ; but i must follow the truth , tho' it rubb upon the apple of their eye . what i have said , appeareth not only by bede , ( lib. . cap. . ) but by their own historians . bede having spoken of their most miserable extirpation throughout the whole land , saith , itaque nonnulli de miserandis reliquiis ..... and the chiefest monument of british antiquity , ( written in the british tongue , and brought about . years since out of britannia armorica by walter arch-deacon of oxenford , and in those days translated into latin by monumethensis ) doth report that in the days of cadualladur , the land was so afflicted with discord , sloth , pestilence and famine , that miserae ( britannorum ) reliquiae patriam , factis agminibus , diffugientes , transmarinas petebant regiones , cum ululatu magno sub velorum funibus hoc modo cantantes ; dedisti nos tanquam oves escarum , in gentibus dispersisti nos , &c. ps . . . and cadualladur himself there complaineth fleeing into armorica , whence he never returned , incumbit [ divinae ] illius ergo potestatis ultio , quae nos ex natali solo extirpat ; quos nec olim romani , nec deinde scotti , vel picti , nec versutae proditiones exterminare quiverunt . and the author going on , sheweth , that the land was so universally destitute of british inhabitants , that the saxons ( which were already seated here ) inform'd their country-men beyond seas of these desolate territories , inviting them to come and possess them . quod cum ipsis indicatum fuisset ( saith the author ) nefandus populus ille , collecta innumerabili multitudine virorum & mulierum , applicuit in partibus northanhumbriae , & desolatas provincias ab albania ( i. e. scotia ) usque ad cornubiam ( cornwall ) inhabitavit . non enim aderat habitator qui prohiberet , praeter pauperculas britonum reliquias quae superfuerant , quae infra abdita nemorum in gualiis commanebant . ab illo tempore , potestas britonum in insula cessavit , & angli regnare coeperunt * their history of cambria ( written also in their own welch language , about . years since , and translated into english by their country-man and greatest antiquary humf. lhoyd ) doth acknowledge , that after cadwallader's departure , there remain'd none of his nation , but certain poor britains that liv'd by roots in rocks and woods . and that the saxons , angles , and juthes ( that is to say , goths ) being then call'd in by such of their country-men that were there before , did come in great numbers ; and dividing this land into divers territories and kingdoms , did inhabit all the cities , towns , castles , and villages , which the britains had builded , rules , and inhabited , by the space of . years . let the reader now judge , whether it be likely , that the scrupulous nation of the saxons either did , or could by any probable means take any laws from the poor reliques of the britains . * when the romans conquer'd this land , they neither remov'd the inhabitants nor brought any foreigners upon them , other than ( to govern and keep them in obedience ) some legions of souldiers and small colonies . yet that they made an alteration of their laws , we may see in the scripture by the example of judaea . for tho' pompey obtained the kingdom there , rather by the confederacy with hyrcanus , than by right of conquest , ( and therefore suffer'd them to enjoy their rites of religion , with the liberties of most of their cities ; ) yet it being reduced into a province ( as this of ours was ) their laws were so changed , as by their own confession , john . . it was not lawful for them to put any man to death . therefore our saviour and the two thieves were judged , and suffer'd upon the cross after the roman manner , not according to the laws of the jews , ( for their law never inflicted the cross upon any offender ) and the punishment of blasphemy wherewith they charged christ , was stoning ; ( in which course , they once in a fury were about to put him to death , joh. . . ) and the punishment of theft a quadruple restitution , or bondage in default thereof . as for the stoning of stephen , it was not judicial but tumultuous , an act of fury , and against law : in which course they meant also to have murthered st. paul , had not lysias prevented them , by sending him to his legal tryal , caesar's judgement seat. wherein it is further to be observ'd , that even then , offences committed about the very judicial law , and religion it self , was also under the cognizance of the roman judge . for even that self same cause , wherein paul stood accus'd before festus ( as festus himself reporteth it ) acts . . [ was ] touching questions of their own religion . by this , we may conceive , how the romans dealt with the britains touching their laws ; and the story of st. alhan and st. amphibalus somewhat sheweth it . where , according to the roman manner , st. alban was convened before the roman judge by souldiers not by civil officers , and before his execution whipp'd ( as pilate us'd our saviour ) and then deliver'd to the souldiers to be beheaded . bed. lib. . ca. . but what laws soever the romans us'd in britain ; the saxons doubtless swept them all away with the british nation . otherwise than that in composing laws for the government of their people , after they had receiv'd christianity from the roman clergy , they might perhaps ( by their advice ) take somewhat also from the roman law. which beda seemeth to avouch , lib. . ca. . speaking of the acts of ethelbert the first christian saxon king : qui inter caetera bona quae genti suae conferebat ; etiam decreta illi judiciorum , juxta exempla romanorum , cum consilio sapientum constituit . what beda meant by the words juxta exempla romanorum , is not perspicuous . as , whether his meaning was , that he made positive decrees , as the romans had done , for the government of his people ? or , that in making his decrees , he took the sum and manner of them from the romans ? this doubt we shall easily resolve , by that which followeth in bede himself : quae ( decreta ) conscripta anglorum sermone , hactenus habentur & observantur ab ea . in quibus primitus posuit , qualiter id emendare deberet , qui aliquid rerum vel ecclesiae , vel episcopi , vel reliquorum ordinum furto auferret , volens scil . tuitionem eis , quos & quorum doctrinam susceperat , praestare . and to say truth , this that bede here doth mention touching the protection of the clergy , is the chiefest matter in them that he taketh from the romans , as namely , from their canons not from their civil law. for the secular part of those his decrees differ far from those of the romans , as by the saxon copy of them ( which i my self have to shew ) appeareth plainly . but to conclude this point ; whatsoever in them savoureth of the roman law , be it canon or civil , it doubtless was inserted by his roman clergy , being then a principal part of the king's council , ( as the clergy was afterward in all ages . ) and of them chiefly , i suppose that to be meant which bede mentioneth , cum consilio sapientum constituit . we find among the saxons , the example and the reason , why our common law was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an unwritten law. they were originally a grecian colonie coming out of lacedaemon and the territorie of sparta . where lycurgus being sometime king and author of their law , among other of his decrees he named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ordain'd this for one , that their laws should not be written , because he would have every man to fix them in his memory : and for that purpose , made them short and summary , after the manner of our maximes . this course , the saxons , and by their example the other german nations held for many ages . the first of the northern nations that alter'd it , were the goths ; who in the aera . i. e. the year of christ . under euricus their king , set their laws in writing : legum instituta scriptis habere caeperunt * ..... the burgundians and saliques a little before ; but the saxons themselves , and the angli , werini and frisii are not noted to have written law , till the time of herald the dane , about the year . so that our saxons here in britain began to write some of their laws before their brethren of germany . for tho' they reduc'd not the general manners and customs of their country , whereby they liv'd and were govern'd , into a written volume , but left them still , as lycurgus his rhetras , to common memory and tradition ; yet many of their ancient kings after they had recieved christianity , put their own constitutions into writing . so did the most ancient of them , aethelbert king of kent about the year . if his laws ( whereof i have a ms. copy ) were in his own days put in writing . so did inas king of the west-saxons . what the laws of the britains were , remains at this day to be seen by a model of them in an ancient manuscript under the title of the laws of hoel dha , ( that is , hoel the good ; ) nothing consonant to these of ours at this day , or those of the saxons in time past . but we find by the red book in the exchequer , that the laws of hen. i. did so concur in many things with them of the other nations we spake of , that sometimes he not only citeth the salique law , and the ribuarian or belgique law by name , but deduceth much of the text verbatim from them . and we find also a great multitude of words of art , names of offices , officers and ministers in our law , common in old time to the germans , french , saliques , longobards , and other nations , as well as to our saxons , danes , and normans ; but not one to my knowledge that riseth from the british tongue , nor do we retain any law , rite or custom of the ancient britains , which we received not from the saxons or germans , as used also by them of old , before they came into britain . for these few greek words that are found in our law , chirographer and protonotary , ( whereby some argue the antiquity of our law to be from the druides , whom caesar and pliny report to have used the greek tongue ; ) it is doubtless , that they are come to us from the civil lawyers , and the one of them being a mongrel , half greek and half latin , could not descend from the druides , who had neither knowledge nor use of the latin tongue . they therefore that fetch our laws from brutus , mulmutius , the druides , or any other brutish or british inhabitants here of old , affirming that in all the times of these several nations , ( viz. britains , romans , saxons , danes and normans ) and of their kings , this realm was still ruled with the self same customes that it is now ( viz. in the time of king henry vi. ) govern'd withal ; do like them that make the arcadians to be elder than the moon , and the god terminus to be so fixed on the capitoline-hill , as neither mattocks nor spades , nor all the power of men nor of the other gods , could remove him from the place he stood in . and thus i end . appendix . pat. . hen. iii. m. . rex universis patentes literas inspecturis salutem . cum venerabilis pater s. cant. episcopus , auctoritate domini papae & fratrum suorum , nobis gratiam de juramentis praestandis coram justiciariis nostris de praecept . nostro itiner . ab instanti adventu domini usque ad vigiliam sancti thomae apostoli , & a principio quadragesimae usque ad dominicam qua cantatur isti sunt dies ; duntaxat in rebus subscriptis ; viz. in assizis ultimae praesentationis de morte antecessor . novae diss . de magna assiza , & de inquisitionibus quae de terra emergerint coram eisdem justiciariis nostris vel per judicium vel de consensu pertinent : ita quod haec concessio hoc anno tantum durabit usque ad diem dominicam supradictam : nos per literas nostras patentes quas eidem domino archiepiscopo fieri fecimus , protestati sumus quod concessio illa nobis ad praesens facta usque ad diem dominicam supradictam , non trahetur in consequentiam post eundem diem . cum igitur supplicaverimus ven. patri iv. archiepiscopo eboracensi de consimili gratia nobis concedenda de juramentis praestandis per totam provinciam suam usque ad terminum praedictum : nos per has literas nostras patentes protestamur , quod dictus archiepiscopus ebor. per totam proviciam suam id de juramentis praestandis ( sicut praedictum est ) nobis duxerit concedendum , concessio ista ad praesens facta usque ad terminum praedictum non trahetur in consequentiam post diem eundem . in cujus rei testimonium eidem domino archiepiscopo ebor. dedi has literas nostras patentes sigillo nostro signatas . teste meipso apud westmonast . . nov. anno regni nostri undecimo . claus . . h. iii. m. . rex dilectis & fidelibus suis stephano de segrave & roberto de lexinton , & sociis suis justic . itinerantibus in com. warw. leic. glouc. & wigorn. salutem . sciatis quod venerabilis pater s. cant. archiep. auctoritate domini papae , concessi quod juramenta praestentur coram justiciariis nostris itinerant . ab instanti adventu corum usque vigiliam sancti thomae apostoli , & à principio quadragesimae usque ad diem dominicam qua cantatur isti sunt dies , viz. in ass . ultimae praesentationis de morte antecessor . de magna ass . & de inquisitionibus quae emergerint de terris , sicut plenius nobis constitit ex inspectione literarum domini cant. quas inde vobis mittimus . rogamus ut v. p. w. ebor. archiepiscopus quatenus concedens juramenta in consimilibus causis praestari infra provinciam suam usque ad praesat . terminum , literas suas patentes consimiles literas domini cant. inde habere faciat . vt autem liberius & facilius hoc volet facere , misimus literas nostras patentes , quales fieri fecimus domino cant. protestantes quod post terminum praefatum concessio praedicta ab eo nobis facta non poterit trahi in observantiam . vobis igitur mandamus , quod cum archiepiscopus ebor. hoc nobis concesserit , & literas suas patentes nobis habere fecerit , iter justic . nostr . in comitat qui ..... sunt jurisdictioni praedicti archiepiscopi ebor. & aliis comitat. subsint jurisdictioni archiepiscopi cantuar. usque ad praefatum terminum , si opus fuerit , continuetis solita prudentia & solitudine . quod non dubitamus vos esse facturos negotiis nostris expediendis ad commodum & honorem nostrum intendent . dat. apud westm . . die nov. in custodia franc. bacon de graies-inn armig. . febr. an. . discreto viro domino tho. weyland illustr . reg. angl. justic . * r. miseratione divina norwic. episcopus salutem & honoris augmentum . cordis nobis est ut omni tempore justitia debitum & celerem sortiatur effectum . hinc est quod cum ass . ultimae praesentationis super ecclesiam de kirkby omnium sanctorum inter imann . quae fuit uxor ric. de thwait querentem , & ricardum lc cam defendentem , coram vobis sit arannata , ut intelliximus , vobis auctoritate praesentium permittimus quod non obstante instanti quadragesima assisam praedictam inter partes praedictas etiamsi juramentum interveniat licite capiatis : valete . dat. apud buketon . kal. martii , anno domini m. cc. lxxvi . finis . a short apologie for arch-bishop abbot , touching the death of peter hawkins . by an unknown hand . with a large answer to this apologie , by sir henry spelman kt. as also , several letters relating to the same fact : with a copy of the dispensation for irregularity , granted to the arch-bishop . and a treatise of the original of testaments and wills , and of their probats , and to whom it anciently belonged . by the said sir henry spelman kt. an apologie for arch-bishop abbot , touching the death of peter hawkins the keeper , wounded in the park at bramsil , july . . . it is certain that in foro conscientiae , this case may not only deservedly produce a fear and trembling in him who was the accidental cause thereof ; but may justly make the tallest cedar in lebanon to shake , in recounting with his inward man , what sin it is that hath provoked god to permit such a rare and unusual action to fall out by his hand : which maketh him , for the time , to be fabula vulgi , and giveth opportunity to the enemies of religion of all kinds , to rejoice , to speak their pleasure , to fill their books and libels , within the realm , and perhaps , beyond the seas . and that , concerning his calling as well as his person , not only for the present , but also in future ages ; beside grief to his friends , and some scandal to the weak , who do not rightly apprehend things , but raise questions which few men can resolve . to all which may be added , the interpretation of it by his majesty , graciously or otherwise ; and the forfeiture , that in rigorus construction of law may be put upon him , although held for no great delinquent ; besides the providing for a widow and four fatherless children . all which may pierce a heart that is not senseless ; and day and night yeild him matter enough of troubled meditations . . and yet , lest he that intended no ill ( much less to that person , a poor man and a stranger to him ) should be swallowed up with sorrow ; he is not devoid of some comfort , as that consensus facit peccatum , and voluntas facit reatum ; and where those concurr not , misdemeanours are properly contra nullum decalogi praeceptum . and that when god , speaking of such casual death ( exod. . . ) useth these words , if a man lye not in wait , but god deliver him ( the slain man ) into his hands ; divines collect thereupon , that it is not humanum but à deo , which no man's providence can absolutely prevent . for what god will have done , shall be ; and no creature may dare to set him to school in what manner , or by what person he will have it perform'd . and deuteronom . . , . god putting the case of the man slain by the iron of his neighbour's ax slipping off , appointeth cities of refuge , lest he should be slain also ; who ( as he saith ) was not worthy of death : and again , that innoxius sanguis , innocent blood be not shed in the land. where we may collect , that such cases are foreseen and order'd by god himself ; and that no calling , no not that of the priest , is free from that which god will have accomplish'd ; since he must communem hominum subire sortem . homo sum , humani nihil a me alienum puto . and , quod cutque contingere potest , cuivis potest ; although of all others , the priest should be most wary , what he attempt and how . . there is no text in the old testament which directly distinguisheth the priest from other men , in case of blood ; but there are examples ( which may not be apply d to evil , for that were to pervert them ) resolving one scruple which is made . as moses was no priest , yet he gave down the law ; and he consecrated aaron the high-priest , notwithstanding the time was that he had kill d the aegyptian . the levites slew . of the israelites , after the idolatry with the golden calf . phineas , who was afterwards the high-priest , slew the israelitish man with the midianitish woman , and was blessed by god for it . samuel hewed agag to pieces . jehoiada the priest commanded athal●ah the usurper to be slain . the machabees fought for their countrey ; and so took away the lives of many a man. paul was consenting to the death of stephen . peter , ( although rebuk'd for it ) cut off the ear of malchus . josephus the jew , of the seed of the priests , was captain over judah , and fought divers times . out of all which , i do only make this collection ; that the priest s restraint from blood , is not ex jure divino , but ex jure positivo ; pontificio soil . vel canoni●o , or ecclesiastico , as we call it ; out of caution , for purity , and decency , and good congruity for so holy a calling , which cometh so near god , and attendeth at his altar . . see then in the ecclesiastical law , what grace is afforded to him , who against his will , hath casually been the death of another . there is in the decretals , a title de homicidio voluntario vel casuali : concerning the latter of which , there be many rescripts ; which demonstrateth , that in human life such things do frequently fall out . in these , there are five chapters , cap. lator : cap. dilectis siliis : cap. ex litteris : cap. ex litteris tuae : cap. joannes : where the rubrick is , homicidium casuale non imputatur ei qui non fuit in culpa : and homicidium casuale non imputatur ei qui dedit operam rei licitae , nee fuit in culpa . and there the decision is evermore , that there is no irregularity in promovendo , or in promoto ad sacros ordines . this is the more to be noted , because it is not the interpreters , but the body of the law. and the gloss thereupon hath ; nota , quod homicidium casu commissions , culpa non praecedente non est imputandum . and , sibi imputari non debet , quia fortuitos casus , qui praevideri non possunt , non praevidit . and , de casu fortuito nullus tenetur , cum praevideri non possit . and upon this the stream of the canonists do run , as by a multitude of books may be shew'd : with whom our bracton , a great civilian and common lawyer too ; homicidium casuale non imputatur . . the two heads whereto the law looketh , freeing a man from blame , and expresly from irregularity , are ; that the person by whom the action is perform d , do not dare operam rei illicitae , and that he use diligence of his part that no hurt be committed . azorius the jesuite saith , irregularitas , cum ob delictum constituitur , non nisi ex lethali peccato contrahitur : nisi ex homicidio fiat quis irregularis , eo quod det operam rei vetitae & interdictae ; nam tunc quamvis homicidium casu sequatur , ob culpam nostram levem vel levissimam , multorum est opinio irregularitatem contrahi . and ivo in his canons , some hundreds of years before him ; si duo fratres in sylva arbores succiderint , & appropinquante casura unius arboris , frater fratri dixerit cave , & ille fugiens , in pressuram arboris inciderit , ac mortuus fuerit , vivens frater innocens de sanguine germani dijudicatur . now , the ca●e at bramsil , is within the compass of these two conditions . for the party agent , was about no unlawful work : for what he did , was in the day , in the presence of fourty or fifty persons , the lord zouch , who was owner of the park , not only standing by , but inviting to hunt and shoot ; and all persons in the field were call'd upon to stand far off , partly for avoiding harm , and partly lest they should disturb the game ; and all in the field perform'd what was desir'd . and this course did the lord arch-bishop use to take , when or wheresoever he did shoot ; as all persons at any time present can witness : never any man being more solicitous thereof , than he evermore was . and the morning when the deed was done , the keeper was twice warn'd to stay behind , and not to run forward ; but he carelesly did otherwise , when he that shot could take no notice of his galloping in before the bow ; as may be seen by the verdict of the coroner's inquest . . this case at bramsill is so favourable ; that the strictest writers of these times , directly conclude , that if a clergy-man committing casuale homicidium be about a forbidden and interdicted act , yet he is not irregular , if the interdicted act be not therefore forbidden , because it may draw on homicide . and thereupon , inasmuch as hunting is forbidden in a clergy-man , not in respect of danger of life , but for decency , that he should not spend his time in exercises which may hinder him from the study fit for his calling , or for other such reasons ; irregularity followeth not thereupon . and to this purpose , writeth at large soto , covarruvias , and suarez , who are great canonists and schoolmen . and if this be true , ( as out of great reason it may be so held ) how much further is the present case in question from irregularitie . . but some go directly to the point , and say , that the lord arch-bishop did navare operam rei illicitae , because he was on hunting ; for that was interdicted to a bishop by the canon de clerico venatore ; and so by a consequent he must needs be irregular . to which objection , see how many clear and true answers there be . as first , that the canon being taken out of the decrees , is by gratian himself branded to be palea , no better than chaff . secondly , it is cited out of the fourth council of orleans ; and there is no such thing to be found , as the gloss well observeth . thirdly , it forbiddeth hunting cum canibus aut accipitribus ; and none of these were at bramsil . and if you will enforce it by comparison or proportion , the rule of the law is , favores sunt ampliandi , odia restringenda : where mark , when hunting with dogs or hawks is forbidden , it is not for fear of slaughter , for there is no such danger in either of them . fourthly , the canon forbiddeth hunting voluptatis causa , but not recreationis or valetudinis gratia , which the books say is permitted etiam episcopo . fifthly , the canon hath , si saepius detentus fuerit , if he make a life or occupation of it ; which the world knoweth , is not the arch-bishop's case , but a little one time in the year , directed so by his physician , to avoid two diseases , whereunto he is subject , the stone and the gout . sixthly , it is clamosa venatio against which the canon speaketh , not quieta or modesta , which the canonists allow ; and this whereof the question ariseth , was most silent and quiet ; saving that this accident , by the keeper's unadvised running in , hath afterwards made a noise over all the countrey . . these exceptions , as they naturally and without any enforcing , give answer to this objection of the canon ; so there is another thing that may stop the mouth of all gain-sayers ; if any reason will content them . and that is , that by the stat. of henr. viii . . ca. . no canon is in force in england , which was not in use before that time , or is not contrary or derogatory to the laws or statutes of this realm , nor to the prerogatives of the royal crown : of which nature this is . for in charta de foresta , archbishops and bishops by name have liberty to hunt : and . ric. ii. cap. . a clergy-man who hath l. by the year , may keep grey-hounds to hunt . and linwood , who liv'd soon after that time , and understood the ecclesiastical constitutions and the laws of england very well , in treating of hunting , speaketh against clergy-men using that exercise unlawfully ; as in places restrain'd or forbidden ; but hath not one word against hunting simply . and the arch-bishop of canterbury had formerly more than twenty parks and chaces of his own , to use at his pleasure ; and now by charter hath free-warren in all his lands . and by ancient record , the bishop of rochester , at his death , was to render to the arch-bishop of canterbury his kennel of hounds as a mortuary , whereof ( as i am credibly inform'd ) the law taketh notice for the king sede vacante , under the name of muta canum and mulctura . to this may be added , the perpetuated use of hunting by bishops in their parks , continu'd to this day without scruple or question . as that most reverend man the lord arch-bishop whitgyfte us'd in hartlebury-park while he liv'd at worcester ; in ford-park in kent ; in the park of the lord cobham , near canterbury ; where , by the favour of that lord , he kill'd twenty bucks in one journey ; using hounds , grey-hounds , or his bow , at his pleasure , although he never shot well . and the same is credibly reported of the lord arch-bishop sandes . and it is most true , that the deans and chapter of winchester use it as they please in their franchise . to say nothing of dr. rennal , whose hounds were long famous throughout all england ; and yet he was by profession a canonist ; and knew well what induced irregularity . i will add two things more , which directly appertain to the arch-bishop of canterbury . the one is , the famous record , that at the coronation of queen eleanor , wife to henr. iii. the earl of arundel ( who was by his place cup-bearer for that day ) was enforc'd to serve by a deputy , because he was excommunicated by the arch-bishop , for taking up his hounds coming into the earl's grounds to hunt ; where the arch-bishop pleaded and alledg'd that it was lawful for him to hunt within any forest of england , whensoever he would . the other , is that which is written of arch-bishop cranmer , in his life ; where i will cite the very words : permiserat ei pater aucupium , venationem , equitationem , &c. quibus quidem , cum jam archiepiscopus relaxare animum & abducere se à rebus gravioribus vellet , ita utebatur , ut in famulatu suo non fuerit quisquam qui in generosum equum salire ac tractare elegantius , aut aves ferasque aucupio aut venatione insequi commodius intelligentiusque potuisset : saepe etiam , etsi oculis infirmis esset , arcum tendens , sagitta percussit seram . out of all which , and many more records and cases that are to be shewed , the conclusion is clear , that howsoever the canon may touch bishops and clergy-men beyond the seas , it meddleth not with the bishops of england , who by favour of princes and the state have baronies annext to their sees . so that it doth arise out of true collection from these heads , that there is no danger of irregularity in the lord arch-bishop's case , either toward himself or other men . his majesties princely grace giveth an end to all ; and this he most humbly craveth . for other things , god being appeas'd ( as he hopeth that he is ) he dreadeth not the tongue or pen of any enemy : among whom , the popes and cardinals have wilfully committed many poisonings , murthers , and outragious acts ; and yet they must believe that they are the head and chiefest members of the church . an answer to the foregoing apologie for arch-bishop abbot ; by sir henry spelman kt. touching the first , second , and third sections : it may be that the priests in the old law ( whose ministry was altogether in blood ) were not prohibited but that upon just occasion they might shed even the blood of man as well as of beasts ; and put on an armour as well as an ephod . for the tabernacle was covered with red skins , to signify cruentum seculum , cruentum ministerium : and moses ( whose hands were dipt in blood ) was not forbidden to be the chief founder thereof . but when the temple came to be built ( which was the image of the church of christ ) then the hands of david , tho' they had fought the battles of god , yet because they were seasoned with blood , they might not lay one stone in that foundation . therefore , when the old law and this bloody priesthood were grown to an end , and going out of the world , and that the priests of the gospel were entring in their room into the world ; our saviour commanded peter to put up his sword ; for now , arma horrentia martis rejicienda ; and stola candida induenda fuit . tho' then some priests in the old law and many thousand levites were martial-men , yet for many hundred years in the time of the gospel , i read not of any : insomuch , that the succeeding ages desiring a martial saint , were driven to suppose st. george . whether therefore these laws of the church , which at this day prohibit clergy-men to meddle with matters of blood , be meerly ex jure positivo , or ex divino mixto , i leave it to the determination of the reverend divines . . concerning the cases alledg'd out of the decretals : it is true that the rubrick is , homicidium casuale non imputatur ei qui non fuit in culpa ; and homicidium casuale non imputatur ei qui dedit operam rei licitae , nec fuit in culpa . and so likewise , is that alledg'd out of the gloss thereupon , and out of bracton . but let us parallel the case in these with them , which are as followeth . a. and p. two clerks sporting together , a. by chance threw p. down , who having a knife by his side , the same happened to wound a. that he died . pope alexander iii. commanded the bishop of exeter in this case to admit p. to holy orders ; for sporting was lawful . a sickly chaplain being gotten upon an unruly horse , and he checking him with bridle and spur to stay him , the horse brake his bridle , cast his master , and running over a woman coming by , kill'd a child in her arms . this chaplain was admitted to holy orders , for that neither in will nor act he committed homicide , but also did a lawful act. one being to unlade a cart of hay , looked round about to see if any were near , and seeing none , threw a stack off the cart , and having unladed it , a boy was after found dead with a little stripe in his face . this priest after canonical purgation was admitted to his place . a monk helping to take a bell down out of a steeple , casually thrust down a piece of timber , which bruised a boy to death . the monk is judged not uncapable of further ecclesiastical preferment , for that the business was necessary , and the place not for ordinary resort . a priest tolling a bell to prayers , the same fell and killed a boy . the bishop is commanded to suffer the priest to execute his function , for nihil potuit imputari , si casus omnes fortuitos non praevidit . tho' there be many points in all these cases ( and more in some than others ▪ to excuse the parties agent ; yet will i meddle only with those two which are most eminent , and offer d by the apologist ; that is , animus or intentio innocua , and actio legitima . touching the intent , none is so impious as to imagine that his lordship intended to hurt any man : yet is there this difference between his intent and theirs in the cases alledged : they intended to hurt neither man nor beast , he , tho not to hurt a man , yet to kill a beast : they , nihil saevum aut non legitimum : he , legitimum quiddam sed tamen saevum . for there is a kind of cruelty in the slaughter of every thing ; and therefore in the old law ( lev. . . ) he that taketh any beast or fowl by hunting that may be eaten ; shall pour out the blood thereof , and cover it with dust ; that the cruelty appear not , as ● take it . and in our law , those that were exercised in slaughter of beasts , were not received to be tryers of the life of a man. much is to be said out of histories to this purpose . but to come to the point whereon all dependeth , whether the action his lordship was now about , be lawful or not ? the places of azorius and ivo are truly cited ; and i doubt them not to be law : that is , to this effect , that it worketh no irregularity , where , in a lawful action a clerk killeth a man casually , having first used all diligence to prevent it . and it appeareth that his lordship did this so carefully , that all were continually called upon , not only to stand off , but so farr off as sheweth his lordship to be very unskilful in the use of his bow ; and may therefore touch him in discretion for meddling with so dangerous an engine in so great an assembly ; and consequently produce irregularity even by the words of azorius alledged to excuse him , tho' the action be lawful : nam tunc quamvis homicidium casu sequatur , ob culpam nostram levem vel levissimam , multorum est opinio irregularitatem contrahi . but not to fall from the tree by reaching at a twig ; we will rest upon the chief station in the case , the nature of the action ; which tho' it be forbidden , yet according to soto , covarruvias and suarez ( as it is alledged ) induceth not irregularity when homicide follows thereon , if it be not therefore forbidden , because it may draw on homicide : concluding , that tho' hunting be forbidden to a clergy-man , yet for that it is not forbidden in respect of danger of life , but for decency , &c. irregularity followeth not thereupon . as for covarruvias and suarez , i have them not ; but soto is not happily alledged . for tho' he incline to that opinion ( with cajetan ) yet he taketh a a distinction that woundeth the case in question ; and that is , venatione , quae armis & telis fit , profecto siet clericus irregularis : and this falleth out to be now the case . for this hunting was perform'd with a cross-bow , a deadly and a dangerous weapon , that hath been the occasion of many bloody misfortunes . but in a former passage , soto also saith , that cajetan and sylvester and doctores ●uris canonici universalem regulam astruunt , quod omnis qui dat operam rei illi●itae , quandocunque ex illa datione sequatur homicidium , fiat irregularis . and azpilcu●ta navarrus saith , that cajetan in the other place ( and by consequence sotus ) is to be understood with a limitation , as meaning venationem passerum & perdi●um ad aucupis cantum , vel accipitris , sine armis in provinciis — non venationem ursorum , aprorum , & cervorum , quae armis exercetur . enchirid. cap. . sect. . wherein , the distinction he taketh , making a main difference between venationem ludi●ram and venationem martiam , concludeth plainly , the case in hand to have wrought irregularity . and the apologist finding no sure ground in this assertion , buildeth no otherwise upon it , than if it be true as out of great reason ( he saith ) it may be so held : and passeth from it to his chiefest place of refuge , shewing that the canon that makes hunting to be actio illicita doth no way touch his lordship . first , for that upon the matter there is no such canon : insomuch as gratian himself ( that collected the canons ) brandeth this to be palea and no better than chaff . it is true , he brandeth it with the term palea , and was a worthy man ; but noted generally to have mistaken many things , and some extremely . but if that be the meaning of the word , his error seemeth very perspicuous , as finding this canon ascribed to the council of orleans and not finding it there , he presently branded it , palea . but the canonists have many other opinions of it , as to signifie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 antiqua ; or of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rursum . john andrea , imota , alexandrinus and jason , famous professors , think this title to be put over the heads of many canons , to signifie they were added by protopalea a cardinal , since gratian's time . and experience excludeth the first interpretation of the word , for that the canons so entituled are very many , and not rejected as spurii or palea . besides , burchard bishop of wormes , who lived long before gratian , hath this very canon in his second book , cap. . and there ascribed ( as it ought ) to the council of meldis ; as also by ivo , part . . ca. . if then it be any where in the councils , it sufficeth ; tho' the collector mistook the place , which is easily done : as even the evangelist matthew ( ca. . . ) citeth a place out of the prophet jeremy , which is not found there , but in zachariah . it is apparent also that many copies of councils are unperfect , and want some of the true canons , as neglected or not finished by the notary . but if need be , this canon hath further warrant , even from the times almost of the primitive church . for in concil . agathensi , of . bishops in an. . ca. . it is said , sacerdotes & levitae canibus ad venandum & accipitribus non utantur . and in concil . epaunensi , of . bishops , in an. . vt episcopi venatores non sint , nec accipitres alant . the capitularies also of ludovicus imp. taking notice of it , about the year . prohibiteth priests , ut venationes ferarum vel avium minime sectentur . addit . . ca. . so that we have no reason to account this canon either supposititium or paleam ; but rather to be ( as it is indeed ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 antiquum or ex antiquis . according to which sense , the canons of like nature in the laws of the wisigoths or western-goths are in every passage intituled by the very latin word ( not the greek ) antiqua . and justinian himself seemeth to have had this distinction in his eye , when he called his later constitutions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. novellas , that so they might be mark'd from those of old , which cedrinus in justinian's life calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , leges antiquas . his second objection is , that it is cited out of the fourth council of orleans , and it is not there . this we have already answered , and shewed where it is . thirdly , he saith it forbiddeth hunting cum canibus & accipitribus , and none of these were there . it is strange , a keeper should go about to strike a deer , and not have his lyme-hound to draw after him . but the canon goeth further , canes ad venandum , aut accipitres , aut hujusmodi res habere non licet . where hujusmodi res seemeth to contain all instruments used in hunting . fourthly , voluptatis causa ; not recreationis or valetudinis , which the books say is permitted etiam episcopo . what his books say , i know not ; but my book saith thus : dic breviter , quod venari causa voluptatis est mortale peccatum , & in laico ; sed venari causa necessitatis vel indigentiae corporis non est mortale peccatum ; in clerico tamen potius prohibetur . but he adjoineth , in venatione , potius delectatio quam actus attenditur . atho . in othob . fol. . b. neither is there here any mention of recreatio , unless delectatio and it be all one ( as commonly we use it ) and then forbidden . besides , what action or recreation belonging to health is there , in letting off a cross-bow ; wherein neither head , hand nor foot , no , not the nimblest member of the body ( the eye ) stirreth all that while . fifthly , the canon hath , st saepius detentus fuerit , if he make a life or occupation of it , which his lordship did not . burchard saith detectus , and with more reason : and i suppose his lordship useth it very temperately : yet the apologist in his fifth section insinuateth , that his lordship doth it often . sixthly , whereas he saith that the canon speaketh against clamosa venatio , not quieta or modesta ; i find no such word or distinction in the canon : yet is there no doubt , that if the deer be not kill'd out of hand ; but in recovering him , there must be both clamor and venatio . thus he counteth the mouth of the canon to be stopt . yet because it is good to make sure work with so dangerous an object , now he setteth law upon law , the common against the canon or at least the statute , which indeed hath crack'd a great sort of canons . that by the statute of henry viii . . ca. . no canon is in force in england , which was not in use , or is contrary or derogatory to the laws or statutes of this realm , or to the prerogatives of the royal crown . of which sort ( he saith ) this is one , and gives his reasons : for in charta de foresta arch-bishops and bishops by name have liberty to hunt : and . ric. ii. ca. . a clergy-man who hath l. by the year , may keep grey-hounds to hunt. the name of charta de foresta ( and also of hunting ) is , clero lachrimabile nomen . for the first breach that ever was made into the freedom of clergy-men , and which gave passage to all that followed , rose from the occasion of clergy-mens hunting in forests : which henry ii. greatly discontented with , never rested , till by assent of the pope's legate hugo petro-leonis , he obtained a law in the twenty first year of his reign , an. dom. . to convent them therefore before secular judges , and there to punish them . but to our purpose : there is no contradiction ( as i take it ) between the canon de clerico venatore , and charta or statutum de foresta . the canon doth say , they shall not hunt ; and the statute doth not say they shall . the words of the statute ca. . are thus : an arch-bishop , bishop , earl , or baron coming to us upon our command and passing through our forest , liccat ei capere unam bestiam vel duas , per visum forestarii , si praesens fuerit : sin autem , faciat cornare , ne videatur furtum facere . here is no word of hunting ; but that they may take a deer ; and this they will say cannot be but either with dogs or engine , and so consequently by hunting . but the very words of charta de foresta seem to shew , that it was not meant , the bishop should be an huntsman , for that it admitteth him not to have so much skill in hunting as to wind an horn , tho' that by no law or canon be forbidden to him . and therefore saith not , corniat ipse , but faciat corniare , let him cause an horn to be blown , &c. i conceive the meaning to be , that the bishops and barons shall each of them take as they may ; the barons by hunting ( if they will ) in their own persons ; the bishops as they may , by the hands of their officers and servants . it is a common phrase in all old charters , that the bishops shall have sac and soc , toll and team , &c. i. e. cognisance of plea , suit of court , toll , and such other customs : shall we intend , that he must take these in his own person ? no ; it was not henry the third's meaning , when he granted the charter of the forest , to break the laws of the church : for at the same time in magna charta ca. . he granteth , that the church shall have omnia jura sua integra & libertates suas illaesas ; which could not possibly be , if by his charter he changed the canons of the church , especially in matters of doctrine and conscience : as , when the church teacheth that a clerk may not be a huntsman , for him to say that he shall be . doubtless , if he would , the clergy would not then accept it . in the person of a bishop there be three distinct faculties : his spiritual function , wherein he is a bishop ; his legal ability , wherein he is a lay-man and hath liberty to contract , &c. and his temporal dignity , wherein he is a baron and peer of the realm , and participateth their priviledges . i could put cases wherein every of these may be seen severed from the other ; but i should then wander from my matter . only , i present them thus anatomy'd , that it may appear what portion the church had in them , what the common-wealth , and what the king ; that so it may also the better appear how the laws both of the church and kingdom are to be applyed unto them respectively . when therefore the king granted temporal lands unto them ; tho' they took them as lay-barons , and in their temporal capacity , yet might they not otherwise use them than might stand with their spiritual function : no more than when he granted ecclesiastical possessions to a lay-man , the grantee might otherwise use them than as a lay-man . for example ; it was a common thing in old time , that the king granted churches to lay-men , by the name of ecclesiam de dale and ecclesiam de sale ; yet it was never intended that the grantee , tho' he had the churches to order and dispose , should ( contrary to his vocation ) meddle with the divine service , but present his clerk only . so in like manner , when the king granted to clergy-men , chaces , parks , and warrens ; it was not intended that ( contrary to the rules of their profession and laws of the church ) they should or might become hunters and foresters . my long stay upon this point , is a preparative to an answer to the next , which is the statute of ric. ii. being in the negative , that no priest nor other clerk , not advanced to l. a year , shall have or keep any greyhound , nor other dog to hunt ; nor they shall not use ferrets , hayes , nets , hare-pipes , nor cords , nor other engines , for to take and destroy deer , hares , nor conies , &c. upon pain of one years imprisonment . the statute ( i say ) is in the negative , and saith that none under l. a year shall keep ; but saith not in the affirmative , that it shall be lawful for them that have l. a year to keep , &c. i should therefore think , that this statute doth not discharge a priest ( having l. a year and using hunting ) against the canon-law : no more than the statute of vsury , forbidding a man to take above l. loan for an l , giveth him liberty to take that l. or doth discharge him against the canons of vsury . touching his inference , that linwood speaketh not one word against hunting simply by clergy-men , but against their using it in places restrained ; it is true , for the text of the canon led him no further ; being only de clerico , de transgressione forestae aut parci alicujus diffamato , and made to no other intent than to aggravate the censure of the ecclesiastical law , which before was not sharp enough against offenders in that kind . but johannes de athon ( as great a canonist and somewhat elder , whom linwood often citeth and relyeth upon as one well understanding the ecclesiastical constitutions and the laws of england ) hath apparently condemned it in the place by me recited . yet is it to be noted , that neither athon nor linwood intended to gloss upon all the constitutions of the church of england ; but athon only upon those of otho and othobon ; and linwood ( beginning where athon left ) upon those of stephen arch-bishop of canterbury and his successors . there are therefore a great number of canons and constitutions of the church of england , which neither of these canonists have either meddled with or so much as touched : as also there be many statutes in force , which are no where mentioned in any of the abridgements . but jo. de burgo ( another english canonist and chancellour of cambridge , who wrote in richard the second's time ) taketh notice of this canon , and that hunting was thereby forbidden to our clergy-men , as appeareth in his pupilla oculi part . . ca. . m . to go on . the apology saith , that the arch-bishop of canterbury had formerly more than twenty parks and chases , to use at his pleasure , and by charter hath free-warren in all his lands . habutsse , lugubre : it seemeth the wisdom of the latter times ( the more p●ty ▪ dissented from the former ; yet did not the former approve that bishops should use them at their pleasure , but as the laws and canons of the church permitted . for as they had many parks and warrens ; so had they many castles and fortresses , and might for their safety dwell in them : but as they might not be souldiers in the one , so might they not be huntsmen in the other . in like sort , the abbat and monks of st. alban's ( as mat. paris reporteth the case in an. . pa. . ) had free-warren at st. alban's , &c. by grant of the kings , and recovered damages against many that enter'd into the same and hunted : for the having of it was lawful , as appeareth in the clementines tit. de statu monast . § . porro a venatoribus . but it is there expresly forbidden , that either they should hunt in it themselves , or be present when others do hunt , or that they should keep canes venaticos aut infra monasteria seu domus quas inhabitant , aut eorum clausuras , pa. . radulphus de diceto in an. . saith , that the bishops of that time affected to get into their hands comitatus , vice-comitatus , vel castellarias ; counties , sheriffwicks , and constable-ships of castles ; but shall we think they either did or might use them in their own persons , as , with banners display'd to lead forth the souldiers of their county , or with sword and target to defend the walls of their castles , or with a white wand to collect the king's revenues , &c. it is true , that walter bishop of durham , having bought the county of northumberland of william the conquerour , would needs sit himself in the county-court ; but he paid dearly for it : for his country-men furiously slew him , even sitting there . matt. paris in an. . so hugh bishop of coventry exercised the sheriff's place , but was excommunicate for it , as contra dignitatem episc . and so acknowledged his error . dicet . in an. . but every one will say , it was a common thing in old time for bishops to be judges in secular courts . i confess it ; and think it godly and lawful as it was used at the first . for the bishop and the earl sat together in the county-court : the bishop as chancellor , to deliver dei rectum and populum do●ere ; the earl as secular judge , to deliver rectum seculi and populum coercere ; as is manifest by the laws of king edgar and others . but when the bishops began to supply both places , and to be meer judges of secular courts , then were they prohibited by many canons . and therefore roger bishop of salisbury being importuned by the king to be his justice ; would by no means accept it , till he had obtained dispensation , not only from his metropolitan the arch-bishop of canterbury , but from the pope himself , as dicetus affirmeth in an. . and no doubt but others of wisdom did the like . in those things therefore that bishops did against canons , we must take no example to follow them : for tho' their publick actions be manifest , yet their dispensations and matter of excuse is for the most part secret . neither doth every thing done against a canon produce irregularity , if some criminous mischance follow not thereon . for the record that relateth that the bishop of rochester was at his death to render to the arch-bishop of canterbury his kennel of hounds as a mortuary , and that the law takes notice of it for the king sede vacante , under the name of muta canum and mulctura : i must ( as they say in the law ) demand oyer of the record ; we shall otherwise spend many words in vain . but that dogs should be given for a mortuary is against all likelyhood . for a mortuary , is as an offering given ( by him that dieth ) unto the church , in recompence of his tithes forgotten ; and it is a plain text , deuter. . . non offeres mercedem prostibuli , nec pretium canis in domo domini . but if there be no other word to signify a kennel of hounds , than muta canum and mulctura , the exposition may be doubtful , tho' it come somewhat near it . freder . ii. emp. in the prologue to his second book de venatione , speaking of an hawks-mue , saith , domicula quae dicitur muta ; following the italian vulgar , which cometh à mutando , because the hawk doth there change her coat . and for the affinity between dogs and hawks , it may be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 transferred to a dog-kennel ; and whether to the hounds themselves or no , it is not much material . for , no doubt , they that may have parks and warrens , may have dogs and hounds for hunting : but every body that may have hounds may not use them themselves , as appeareth by that which i said before out of the clementines , and by the opinion of justice brudnel , with the rest of the judges , . henr. viii . fol. . where it is said , a man may keep hounds notwithstanding the statute of . ric. ii. but he must not hunt ; as he may keep apparel of cloth of gold , notwithstanding the statute of apparel , but he must not wear it . besides , religious persons in ancient times were driven to have dog-kennels for the king's hounds : for rad. niger in an. ..... saith , that king henry ii. abbates , hypodromos & canum custodes fecit . after all this , his lordship is defended with the perpetual use of hunting by bishops in their parks ; and by the particular examples of some eminent men his predecessors , and others . this point of use and example i have in a manner answered before ; speaking , as it fell in my way , of bishops being secular judges . one line serveth to level at them both : yet for further and more perspicuous resolution of the matter , see both the example and the use censured in the decret . . distinct . ca. . by pope nicholas , ad albinum archiepisc . alias aluinum . quemadmodum relatione fidelium nostris auribus intimatum est , quod lanfredus episcopus , qui & juvenis esse dicitur , venationi sit deditus ; quod vitium plurimos etiam de clericali catalogo , genere duntaxat germanos & gallos irreverenter implicat , verum iste ( si ita est ut audivimus ) merito juvenis dicitur , qui juvenilibus desideriis occupatus , nulla gravitate constringitur . et infra : nam ( ut beatus dicit hieronymus ) venatorem nunquam legimus sanctum . then blaming him also for being too familiar with his daughter , he saith , oportet ergo fraternitatem tuam synodale cum episcopis & suffraganeis tuis convocare concilium , & hunc salutaribus colloquiis episcopum convenire , atque illi pastorali authoritate praecipere quatenus ab omnium bestiarum vel volucrum venatione penitus alienus existat : or ( in short ) to excommunicate him . here he sheweth hunting to be used both by a bishop and by a multitude of clerks , ( plurimos . ) but neither the person and dignity of the one , not the multitude nor frequent use in the other , maketh the pope to abstain from condemning it . howbeit , they whose example the apologist alledgeth , little respected ( as i think ) the whole volume of canons . touching the record of the earl of arundel's excommunication for taking up the arch-bishop of canterbury's hounds coming into the earl's grounds to hunt ; and the arch-bishop's pleading that it was lawful for him to hunt in any forest of england whensoever he would , we must ( as we before said ) pray oyer of the record ; for parols font plea , and their certainty appears not here , nor what became of the issue : which , tho' it fell out to be found for the arch-bishop , yet perhaps it discharged him not against the canon . and well might he be as bold with the canon , as he was with the law. for it is directly against the law both of england and france , to excommunicate a peer of the realm without the king's assent : and therefore henry iii. was sore offended with the arch-bishop for this excommunication ; ( and the bishops of london and norwich were called in question for the like in henry the second s time ; as matthew paris reporteth , pa. . ) but because his case sways the cause to the ground ; i must dwell a little the longer upon it , to shew what became of it . the truth is , it was ended by comprise in the chappel at slyndon upon friday after the circumcision of our lord , . that is , . henr. iii. in this manner : quod idem archiepiscopus & successores sui semel in quolibet anno & non plus , cum transierint per dictam forestam ( i. e. de arundel cum una lesia de sex leporariis sine aliis canibus & sine arcu habeant unum cursum in eundo & alium in redeundo ; ita quod si capiant unam feram , illam habebunt ; si nihil capiant in illo cursu , nihil habebunt . si vero capiant plus quam unam feram , archiepiscopi qui pro tempore fuerint , habeant quam elegerint , & residuum habeant dictus dominus johannes & haeredes ejus , &c. then is it further awarded , that the said earl , his heirs , and assigns , shall yearly for ever pay unto the said arch-bishop and his successors , . bucks and . does , ( captas de fermysun as the record saith ) at times there appointed . and then followeth this close , which maketh all plain ; et actum est expresse in●●r partes de praecepto & ordinatione dictorum arbitratorum , quod dictae partes procurabunt confirmationem domini papae & domini regis super praesenti confirmatione . by this record it appeareth , that neither the earl could make this grant without licence from the king , ( for that all forests are the kings , and no subject can have them otherwise than in custody ) nor the arch-bishop could safely use the priviledge of hunting without dispensation from the pope : and tho ●yet find not where the one was obtain'd from the pope , yet i find where the other was granted from the king ; and namely from edward the first in the d. year of his reign ; where all the award and composition beforesaid , is ( by way of inspeximus ) recited and confirmed . but the composition for the bucks and does , was after in edw. the third's time released by the arch-bishop simon islip , having taken for the same . marks ; as witness antiqq . britann . ca. . and it seemeth further by this record , that the arch-bishops of canterbury had not at that time dispensation from the pope , to hunt where they listed in any forest of england ; for then should he not have needed special dispensation in this case . but howsoever the dispensation or confirmation was hereupon obtain ; it is apparent that it stretched no further than to hunt with grey-hounds ; for the bow is expresly forbidden and excepted . it may be , some will extend the word confirmation , to be meant of some right of hunting , which the arch-bishop ( upon this arbitrement ) was to disinherit his church of : which i leave to the judgement of lawyers . for it may contain both ; tho' i never saw any precedent of the popes in that kind for so small a matter : but of the other kind , we have before made mention of one to roger bishop of salisbury , and a multitude of others are to be produc d. again , if they have a dispensation for hunting , yet it hath some limitation either for the place or the manner ; which his lordship ( if he justify under that ) must shew particularly . to come now at last to to the last point of the apologie , drawn from the particular example of arch-bishop cranmer ; who , in the description of his life ( britannicarum antiqq . ca. . ) is set forth to hunt , shoot , and ride a great or stirring horse with notable activity , even when he was arch-bishop , and in the words recited by the apologist . but these be exercises of war , not of religion ; fit for barons not for bishops ; who in ancient time , following the example of our saviour and his apostles , walked on foot , as appeareth by bede , eccl. hist . l. . ca. . & lib. . ca. . and beginning to ride , used here in england mares , as bede also witnesseth , lib. . ca. . in other places mules , not horses ; for bellum haec armenta minantur , as not only the poet saith , but as the scripture also , prov. . ult . equus paratur ad diem belli . and such belike , did this arch-bishop cranmer mount upon and mannage , as the words imply , ut in famulatu suo non fuerit quisquam qui in generosum equum salire , ac tractare elegantius — potuisset . besides , the shooting here mentioned seemeth not to be the long-bowe , which stirreth the body and is profitable to health , but that deadly engine ( which imagineth mischief as a law ) the cross-bowe , whose force a man cannot mitigate as in other weapons , and is properly numbred amongst the instruments of war ; and therefore by a multitude of canons prohibited to clergy-men , so that they may not use them pro justitia exercenda ( as appeareth by the constit . of othob . tit. ) de clericis arma portan . nor equitantes per loca periculosa , as it is in the gloss upon the decret . of gratian p. . where the text is , clerici arma portantes & usurarii excommunicentur . but i have gone the length of my tedder , i mean as far as the apologie leadeth me ; and therefore now manum de tabula . the case of this reverend and most worthy person deserveth great commiseration and tender handling : for who can prevent such unexpected casualties ? yet may the consequence prove so mischievous both to himself and those that are to receive their consecration from him , as of necessity it must be carefully look'd into and provided for . let me remember an ancient precedent , even in one of his own predecessors , stigand , arch-bishop of canterbury in the time of the conquest , who , because he had not canonically received his consecration , but from the hands of pope benedict ( who stood excommunicate and sacris interdictus ) was not only deprived himself by authority of a council , but also the bishops and abbots which had taken their consecration from him . therefore the bishops of wells and hereford foreseeing that evil ; to make all clear , fetch their consecration at rome from pope nicholas : vitabant enim ( saith flor. wigorn. in an. . ) à stigando qui tunc archiepiscopatui doroberniae praesidebat , ordinari : quia noverant illum non canonice pallium suscepisse . it is good to follow the counsel of gratian in the like matter : consultius est in hujusmodi dubio abstinere quam celebrare , ca. . . but because we are fallen into a case , wherein perhaps some extraordinary consecration may be required ; let me also relate a strange consecration used in the entrance of the reign of henry i. an. . where eadmere a monk of canterbury being elected by the clergy and people of scotland to be bishop of st. andrews , with the great good liking of king alexander and the nobility . yet by reason of some discontentments the same king had conceived against the arch-bishop of york , within whose province scotland then was , he would by no means agree that eadmere should take his consecration from that arch-bishop ; and after much consultation how then it might otherwise be performed , it was at last agreed , that the staff of the bishoprick should be solemnly laid upon the altar , and that eadmere taking it from thence , should receive it as deliver'd him from god himself : which accordingly was done . this calleth to my mind another of like nature , somewhat more ancient : where wulstan , the good bishop of worcester , both resigned his bishoprick by laying the staff thereof upon the shrine of st. edward the confessor ( by the agreement of a council holden under lanfranc ) and in like manner received the same again from thence , in the presence of king william , the arch-bishop lanfranc , and many others ; not without some miracle , as matthew paris writeth it in an. . these as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and thus , in this matter of shooting , if i have done as the proverb saith , shot like a gentleman , that is fair , tho far off , it sufficeth . i humbly crave pardon . . octob. . recep . apolog. ● . octob. praeced . some letters and instruments , concerning the killing of hawkins by arch-bishop abbot . a letter written by his majesty to the lord keeper , the bishops of london , winton , rochester , st. davids , and exeter , sir henry hobart kt. chief justice of the common-pleas , mr. justice dodderidge , sir henry martin , and mr. doctor steward , or any six of them , whereof the lord keeper , the bishops of london , winton , and st. davids , to be four . it is not unknown unto you what happened this last summer unfortunately to our right trusty and our right well-beloved counsellour the lord arch-bishop of canterbury ; who shooting at a deer with a cross-bow in bramsil-park , did with that shoot casually give the keeper a wound , whereof he died . which accident , tho it might have happened to any other man , yet because his eminent rank and function in the church , hath ( as we are informed ) ministred occasion of some doubts , as making the case different in his person , in respect of the scandal ( as is supposed : ) we therefore being desirous ( as it is fit we should ) to be satisfied therein , and reposing especial trust in your learning and judgement ; have made choice of you to inform vs concerning the nature of this case : and do therefore require you to take it presently into your consideration , and the scandal that may have risen thereupon : and to certify vs , what in your judgements the same may amount unto , either to an irregularity or otherwise . and lastly , what means may be found to redress the same ( if need be ) of all which points we shall expect to hear your reports , with what diligence and expedition you possibly may . dated at theobalds . oct. . a letter from the lord keeper to arch-bishop abbot , intimating the reception of his majesty's letter . may it please your grace . my lord of winchester , my lord hobart , sir john dodderidge , dr. martin , and my self , having met this afternoon about a letter sent unto us ( together with some others ) under his majesty's signet ; and finding the contents thereof to require from us some information of the nature of an unfortunate act , which doth referr unto your grace : we thought our selves ty'd in all justice and respect , to send your grace ( as i do here inclosed ) a copy of his majesty's letter : and to let your grace understand , that we are ready to receive from your grace ( in writing ) all the qualifying circumstance , of the fact ( if any such there be ) omitted in this letter ; that we may be better grounded to deliver our opinions ( as is desired ) concerning the nature of this unlucky accident . and we have appointed two of the clock in the afternoon upon saturday next , to be the time ; and this colledge of westminster , to be the place of our meeting , to receive what information of the fact , your grace shall 〈…〉 unto us , and ceasing to be further troublesome , i shall 〈…〉 your grace's poor friend and servant jo. lane. & c. s. westminst . coll. 〈…〉 of october ● . the arch-bishop's answer . my very good lords , i thank you for sending me the copy of his majesty's letter , which concerneth the ●nhappy 〈…〉 that befell me in hampshire . i here inclosed send unto your 〈◊〉 a ●opy of the verdict given up by the jurors unto the coroner : as also a 〈…〉 of some circumstances of this fact , which are not expressed in that verdict . 〈◊〉 the first ▪ being already upon oath , it needeth not ( as i conceive , under your lor●s●●● ( favour ) any further verification : and for the other , such of the particular● a● are not included in the verdict , there are in readiness those who will testi●i● the ●ame . and for the better expedition of the whole business , if your 〈…〉 all on●● 〈◊〉 what are the special points in law to be insisted upon ; i will , 〈…〉 ●ll , 〈◊〉 sp●●● , cause my council to be ready to attend you : by whom i desire to give your lordships satisfaction . and so commending my love and service to your lordships , and forbearing to be further troublesome , i rest your lordships very loving friend g. cant. lambeth , oct. . . a note of my lord keepers at the bottom of the letter . to this letter we answered , that we had no warrant to hear counsel ; no● could we in justice hear any , unless the credit of the church and honour of the king , had their council likewise on the other side . jo. linc. & c. s. the opinion of the bishops and others to whom the consideration of arch-bishop abbot ▪ s case was referred ; in a letter to his majesty . may ●t please your majesty . whereas we receiv'd a command from your majesty under your royal 〈◊〉 to deliver our opinions unto your majesty , whether an irregularity or 〈◊〉 might ar●se by this unfortunate act , which god permitted to come to pass by ●h●●and of the most reverend father in god the lord arch-bishop of canterbury , ●●ooting in a cross-bowe at a deer in bramsil-park ; as also of the cure and 〈…〉 the same irregularity , in case it should be so adjudgd . 〈◊〉 do in all 〈…〉 humility return this account unto your majesty : 〈…〉 the first , 〈…〉 be contracted by this act , in the person of my lord 〈…〉 gr●ater part of our number could assent or agree : because 〈…〉 and 〈◊〉 themselves are so general and so ready to entertain distinctions and limitations , the doctors and glosses so differing , inferences and disputes so peculiar to every man's conceit and apprehension , authorities of canonists and casuists so opposite in this very case in hand ; that we could not return unto your majesty any unanimous resolution or opinion in the same . for the second , whether any scandal may arise out of this act ? we are of opinion , a scandal may be taken by the weak at home and the malitious abroad ; tho' most of us believe there was no scandal given by the said right reverend father . for the third , we are all agreed , not only that a restitution or dispensation may be granted by your majesty , either immediately under the great seal , or ( which most of us in all humility represent unto your majesty ) by the hands of some clergy-men , delegated by your majesty for that purpose , or what other way your majesty shall be pleas'd to extend that favour . but withal , we are of opinion , that it is most sitting for the said reverend father , both in regard of his person and the honour of the church , to sue unto your most gracious majesty for the said dispensation in majorem cautelam , si qua forte sit irregularitas . all which , craving pardon for our weakness , we do in all humbleness submit to the decision of your majesties most profound and incomparable wisdom . jo. linc. elect . c. s. geo. london . — la. winton . — jo. roffens . guil. menevens . elect . — valen. exon. elect . henr. hobart . jo. doddridge . h. marten . ny . stywarde . cir. di . . nov. . dispensatio cum georgio archiepiscopo cantuariensi , super irregularitate . reverendissimo in christo patri georgio providentia divina cantuariensi archiepiscopo , totius angliae primati & metropolitano , johannes lincoln . georgius london . lancelotus winton . samuel norwicens . thomas coven . & lich. arthurus bathon . & wellen. nicolaus eliensis & georgius cicestrensis permissione divina respective episcopi de provincia cantuar. salutem & gratiam in domino sempiternam . recipimus literas commissionales à serenissimo in christo principe ac domino nostro domino jacobo dei gratia angliae , scotiae , franciae & hiberniae rege , fidei defensore , &c. sub magno sigillo angliae confectas & nobis directas ; quarum tenor sequitur in haec verba : jacobus dei gratia angliae , scotiae , franciae , & hiberniae rex , fidei defensor , &c. reverendo in christo patri & perdilecto & perquam fideli consiliario nostro johanni episcopo lincoln . custodi magni sigilli nostri angliae , ac reverendo in christo patri georgio episcopo london . ac reverendo in christo patri ac perdilecto & perquam fideli consiliario nostro lanceloto episcopo winton . necnon reverendis in christo patribus samueli norwicen . thomae coven . & lichen . nicholao elien . arthuro bathon . & wellen. & georgio cicestren . respective episcopis ▪ salutem & gratiam . humili nobis supplicatione exposuit reverendissimus in christo pater , perdilectus & per fidelis consiliarius noster georgius cantuar. archiepiscopus , quod cum nuper in parco quodam vocato bramzil-park apud bramzil in comitatu nostro southamton . per honorandum virum ejusdem parci dominum rogatus & invitatus damam sagitta figere destinaret , debita adhibita diligentia ne quid inde periculi cuiquam eveniret ; forte tamen accidit ut sagitta ab eo emissa & in feram directa , in quendam petrum hawkins adhunc parci praedicti custodem , improvide & temere se periculo ictus sagittae exponentem , & per locum ubi a praefato archiepiscopo conspici non potuit cum imp●tu transcurrentem incideret , eique brachiam sauciaret ; ex quo quidem vuln●re ▪ ●ra unius horae spacium expiraba● : & quamvis propter hujusmodi homicidium casuale , nulla praefati archiepiscopi culpa sed ipsius occisi temeritate contig●ns , idem reverendissimus pater bona fretus conscientia , se nullam omnino irregularitatem incurrisse , persuasissimum habeat ; provida tamen animi circumspec●ione , & ut omnis infirmorum mentibus scrupulus eximatur , secum a nobis super omni & omnimoda irregularitate & irregularitatis nota aut suspicione , si quam praemissorum ratione contraxisse forsitan aliquibus videri possit , ad cautelam & ex superabundanti dispensari humiliter supplicavit : sciatis igitur quod nos petitionis hujusmodi vim & ●fficaciam reg●o animo & pro affectu ponderantes , & de veritate praemissorum solicita indagatione certiores facti , & ut piam reverendissimi patris intention●m ●ac in re s●quamur , & ad abundatiorem cautelam , persidelis consiliarii nostri 〈◊〉 ●ue de e●cl●si● & republica m●r●●i prae●ulis statum , famam , & dignitatem , nostri etiam patrocinii minime teneri & firmare dignoscamur , ad praesentem venimus dispositionem : vobisque vel aliquibus sex vestrum , quorum vos praefat . johannem lincoln . georgium london . lancelotum winton . & samuelem norwicen . respective episcopos , quatuor esse volumus , de quorum etiam side , judicio , & industria plurimum confidimus , mandamus & de gratia nostra speciali & ex auctoritate nostra regia suprema & ecclesiastica qua fungimur , pro nobis , haeredibus , & successoribus nostris damus & plenam concedimus facultatem & potestatem per praesentes , quatenus vos vel aliqui sex vestrum ; quorum vos praefatos , johannem lincoln . georgium london . lancelotum winton . & samuelem norwicen . respective episcopos , quatuor esse volumus , cum praefato reverendissimo patre super omni & omnimod . juris vel facti defectu , censura , sive poena aliqua canonica & ecclesiastica , praesertim vero irregularitate omni seu irregularitatis nota ( si quae forsitan ratione praemissorum contracta fuit ) vel quibusdam contracta esse videantur , utque in susceptis ordinibus & jurisdictionibus secundum concreditam sibi ratione ordinis & archiepiscopatus sui potestatem libere ministrare , frui , exercere , & gaudere valeat , ad majorem cautelam dispensetis , ac caetera omnia & singula quae ad statum , commodum , & honorem praefati reverendissimi patris conservandum & corroborandum in hoc parte necessaria fuerint seu quomodolibet opportuna faciatis , & dispensationem hujusmodi , caeteraque sic ut praefertur per vos aut aliquos sex vestrum , quorum vos praefatas , johannem lincoln . georgium london . lancelotum winton . & samuelem norwicen . respective episcopos , quatuor esse volumus , facienda in debita juris forma concepta , & inscripta , reducta , sigillisque vestris seu sigillo aliquo authentico munita , praefato archiopiscopo tradere non differatis . quam quidem dispensationem , caeteraque sic ut praefertur per vos aut aliquos sex vestrum , quorum vos praefatos , johannem lincoln . georgium london . lancelotum winton . & samuelem norwicen . respective episcopos , quatuor esse volumus , pagenda sub magno insuper sigillo nostro angliae confirmari volumus , & super hiis praefati magni sigilli nostri custodi aliisque cancellariae nostrae ministris quibuscunque expresse mandamus , & plenam tenore praesentium concedimus potestatem . teste meipso apud westmon . vicesimo secundo die novembris , anno regni nostri angliae , franciae , & hiberniae , decimo nono & scotiae lv. secundum tenorem & exigentiam literarum commissionalium praerecitatarum , & ad eximendum omnem scrupulum ab infirmorum mentibus , si quis forsitan sit aut fuerit in ea parte conceptus . nos praedicti , johannes lincoln . georgius london . lancelotus winton . samuel norwicen . thomas coven . & lichfeld . arthurus bathon . & wellen. richardus elien . & georgius cicestrens . respective episcopi , nomine primitus invocato ac deum patrem oculis solum habentes , & considerantes atque pro certo habentes quod dicta venatio cui per te data erat opera , quando dictum casuale homicidium ( te nihil tale suspicante ) accidebat , erat modesta , decens , & quieta , & quod debita per se adhibita erat diligentia in dicta venatione ad praecavendum ne quid periculi alicui inde eveniret , tecum praefato georgio archiepiscopo cantuariensi super omni irregularitate & irregularitatis nota , si quam forsitan ratione casualis homicidii sive mortis praefati petri hawkins incurristi vel aliquibus incurrisse videaris ad omnem & qualemcunque juris effectum dispensamus ; teque praefatum georgium archiepiscopum cantuariensem ac personam tuam ab omnibus & singulis inhabilitatibus , suspensionibus , irregularitatibus , aliisque poenis , impedimentis , censuris , & coercionibus quibuscunque ecclesiasticis sive canonicis ( si quam forsitan ratione praemissorum aut eorum alicujus incurristi aut aliquibus incurrisse videaris ) ad omnem & qualemcunque juris effectum liberamus ac tenore praesentium pro liberato haberi decernimus & pronunciamus : quemque defectum , labem , notam , sive maculam , ( si quam forsitan ratione praemissorum aut eorum alicujus contraxisti aut aliquibus contraxisse videaris , penitus abolemus ac pro abolitis haberi decernimus & pronunciamus : teque etiam praefatum georgium archiepiscopum cantuariensem ex superabundanti & ad majorem cautelam , rehabilitamus & restituimus ad omnem & qualemcunque juris effectum : et ut in susceptis ordinibus & archiepiscopatu praedicto , ac in omnibus & singulis jurisdictionibus , privilegiis , praeeminentiis , praerogativis , dignitatibus , alque aliis rebus quibuscunque , aliqu● modo ad dictum archiepiscopatum spectantibus & pertinentibus libere ministrare valeas , concedimus & indulgemus , perinde ac si praedictum casuale homicidium commissum non fuisset ; canonibus , legibus , decretis , ordinationibus , & constitutionibus ecclesiasticis quibuscunque contrariis ( si quae sint in ca parte contraria ) in aliquo non obstantibus . in cujus rei testimonium , sigilla nostra episcopalia hisce praesentibus apponi fecimus . dat. duodecimo die decembris , anno domini millesimo sexcentesimo vicesimo primo . teste rege apud westmon . . die decembris anno regni regis jacobi , &c. xix . & scotiae quinquagesimo quinto . of the original of testaments and wills , and of their probate , to whom it anciently belong'd . the word testament or any other for a last will , is not found in all the scripture before christ's time . and tho' it be common in the vulgar translation , yet st. jerome noteth , that it is according to the hebrew to signify pactum or f●dus , and so the geneva translation expresseth it . altho' therefore there be many passages in the old testament which seem to be meant of wills , and so expounded by interpreters : as where it is said that achitophel put his house in order and hanged himself . and where hezekiah is commanded from god to put his house in order for he should die . yet there appeareth no law nor form of wills ; and the declarations that jacob , moses , joshua , david , &c. made at the times of their death were matter of consolation and counsel , effata novissima or ultima elogia , but not testaments as we use the word . sigonius in his book of jewish antiquities maketh no mention of their wills , nor do i yet find any in josephus . it is true , that s. paul maketh express mention of them , but not till the romans had conquer'd the jews , and imposed their law upon them . then s. paul speaketh of them according to the roman law , not judaical . of all this i desire further advertisement . it is observed that the ancient greeks , who ( as josephus testifieth ) fetch'd their laws from the jews , had not any . tacitus reporteth of the germans in his time , which was about . years after christ , successores sui cuique liberi & nullum testamentum . si liberi non sunt , proximus gradus in possessione , fratres , patruus , avunculus with their descendants according to our law. it is therefore very probable , that our saxon ancestors , coming out of germany , observed for a long time the custom of their country , and that they had not the use of making wills ; as neither had their brethren the normans . the custom therefore of making wills among the german and northern nations was taken up by little and little from the romans in some places after one manner , in some after another , as it is to be seen in france it self . when the roman emperors grew potent in germany , and the german princes came to be emperors , the germans generally forsook their ancient custom spoken of by tacitus , and received the roman law. the rest of the angli that remained in germany and came not over into england , made a law about the year of our lord . that it should be lawful for a free-man to dispose his inheritance by will as he pleased . the normans kept the old custom in part , and left it in the other part . they suffered him that had neither wife nor children ( if he were twenty year old ) to make a will and bequeath his moveable goods as he listed , either to or from his kindred . so likewise if he were married and his wife dead . having children he could dispose but of a third part . and so might man or woman of . years old . but land which they ( according to the civilians ) called immoveable goods , no man * amongst them might dispose of by his will. in some other parts of france as in champain , they disposed both moveable and immoveable , that is , goods and lands , according to the civil law. the civil law custom they called lex romana , the other lex barbara . our saxon ancestors by direction of their clergy , who chiefly affected the roman manners , seem also to have observed the civil law in making of wills both in substance for disposing lands and goods , and much in the form and ceremony of making and publishing the same . as carolus magnus in france disposed the lands of his great dominions between his three sons , lewis , pepin , and charles , by his last will. so by his example king ethelwulfus here divided his lands by his will between his three sons , aethelbald , aethelred , and aelfred . king aelfred in the like manner disposed both his lands and goods by his will now extant . and many other saxons by their wills in writing , bequeathed lands and goods with their bodies unto monasteries . that herein they followed the civil law is manifest by the saxon will of birtrick and elf●uith his wife , made about the year . ( according to the manner of that time ) by them both jointly . first it seemeth to be made in calatis comitiis , that is , in an assembly called together for that purpose . then whereas the civil law requireth necessarily vii . witnesses , here were a dozen , least it might be defective in that one was a woman , and some other under age or bond-men . the disposition of lands as well as of goods , is by the civil law , and therefore the course is more solemn . which also this well observeth both for disposing land and goods and also for the solemnity of the course . but most evidently it appeareth to be according to the civil law , in that the man and his wife joyn both together in it , which was neither in use nor resolv'd to be good till the novel constitution of theodosius and valentinian did authorise it . after this constitution that kind of testament became so common , that marculfus , who lived about the year . hath left unto us an especial formula or precedent of it as it was then in use in france . and saith in it , that it was ut romanae legis decrevit authoritas . and concludeth it with an imprecation or curse against such as should violate it , as doth also the will of birtrick . with the like solemnity of witnesses ( eight in number besides a lady ) did elfere another saxon before birtrick , bequeath the town or land of snodland to the church of s. andrews . of the probate of wills or testaments . after the will was thus composed , the roman use was to have the testator and witnesses to subscribe it , then binding it up close with thred , to seal it with their seals , which upon producing of it they or many of them were to view and acknowledge before the praetor or judge . and then rupto lino the thred being cut , it was opened and published , and copies of it delivered to the parties under a publick seal , the original remaining in the publick register . the ancient manner of opening , publishing , or as we call it , proving of wills before the magister census , is described by john fabri . but nearer to our purpose is that in the formulae of marculfus of a will proved in a city or corporation before the magistrate there , or of a town before the defensor plebis . for a will by the civil law and the use of our neighbour nations , might be proved before divers officers and in divers places . we already mentioned the praetor , but justiman the emperor ordained that in rome none should be opened save by the magister census . in the provinces by a constitution of theodosius , the rectores provinciarum , and where the access to them was uneasy , there donations and wills made in cities and corporations might be exhibited and proved before magistratus municipales the magistrates there ; in other towns before the defensor plebis . according to these two last are the formulae of marculfus and another in brissonius . from these constitutions of the emperors , grew the various manner of probate of wills amongst us in ancient time . with the magister census being proper only to the city of rome we have nothing to do . but as we were once a province of the empire , so our ancestors received and held the manner of provinces . for the rectores provinciarum , which with us were the earls of the counties , had the cognisance or probation of wills as shall by and by appear . so also had divers of our magistratus municipales , magistrates of cities and corporations : as that which i am best acquainted with my neighbours of lenn episcopi , now kings lynn in norfolk . and instead of the defensores plebis in an ordinary town , the lord of the town or mannor both had , and hath that priviledge with us in divers places . all this while there is no mention of any ecclesiastical person , which we must now look into . the fourth council of carthage ordained , that episcopus tuitionem testamentorum non suscipiat , and this canon gratian has taken into the body of the canon law , whereto the gloss saith : tuitionem , id est , apertionem , sc . coram eo non apperiantur , sed coram magistro census . c. de testam . l. consulta . and tho' it addeth vel dicatur quod non sit advocatus ad tuendum testamentum , yet that seemeth an idle interpretation : for tho' epiphanius maketh mention that bishops in old time judged causes , yet it was never known that they pleaded causes . but it is apparent , that the clergy-men in those days took upon them to prove wills even in justinian's time , who flourished an. dom. . and therefore he prohibited them not only by a constitution , but also by a mulct of . pound weight of gold , saying absurdum est namque si promiscuis actibus rerum turbentur officia , & alii creditum alius subtrahat ; ac praecipue clericis quibus opprobrium est , si peritos se velint disceptationum esse forensium ostendere . but here we see that the clergy even in those days , had set their foot upon the business , and i suppose that since that time they never pulled it wholly out again . it is like the eastern nations adhering to the empire did observe it . but the western being torn from it by the northern nations saxons , goths and normans , took and left as they thought good . re●●ardus king of the western goths about the year . tho' he retained the manner of the civil law in making wills , yet he ordained that they should be publish ▪ d by a priest as formerly they had been . his succ●ssor chindavin●us about an. . making a law about a military will ordained , that it should be examined by the bishop and earl , and ratified by the hand of a priest and the earl. as the northern nations i speak of the goths , the saxons , and normans , were of neighbour and affinity in their habitation , language , and original , so were they also in their laws and manners . therefore as the goths trusted to their priests with the passing of wills , so did the normans , their custom and law was that tout testament doit estre passe par devant le curè , ou vicaire , notaire ou tabellion en la presence de daux temotn●s idoines d● xx. ans accomplis & non legataires . that all testaments shall pass before the curate or vicar , &c. where the commentary noteth , that it must be the curate or vicar of the same parish , where the testator dwelleth . and that notary hath been adjudged to be a notary apostolick or ecclesiastical . so that the business was then with them wholly in the hands of the clergy . this ancient norman use liveth to this day in many towns of england . the parson of castle rising in norfolk hath the probat of testaments in that town . and so hath the parson of rydon , and the parson of north-wotton in north-wotton . to go back to our saxon ancestors . i see they held a kind of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or similitude of laws with their brethren the goths and normans . and tho' i find no positive constitution among them in this point , yet ab actis & judicatis ( the supporters of the common law it self ) we may perceive what their custom and law was . elf●re who lived before the year . having made his will , did afterward publish the same before odo the arch-bishop of canterbury , elfsy the priest of croydon , and many other . birtrick and his wife in no long time after declared their will at mepham before elfstane bishop of rochester , wine the priest , and divers other . see a ms. law of king alured the great , who flourished an. . de eo qu● terram testam●ntalem habet , quam ei par●ntes sui dimiserunt : ponimus ne illam extra cognationem suam ●●ttere possit , si scriptum intersit testamenti , & testes quod ●orum prohibitto fuerit , qui ha●c imprimis acquisiverint & ipsorum qui dederint ei n● hoc possit , & hoc in regis & episcopi testimonio recitetur coram parentela sua . it is said in the civil law that the declaration of a testament before the prince omnium testamentorum solennitatem superat . here the bishop is joined with the king in cognisance of the testament by the copulative & , but mr. lambard ( tho' i confess it agreeth not with the saxon ) maketh it in the disjunctive , coram rege aut episcopo , as if it might be before either of them . the saxon is on cyninges & bisceopes geƿitnysse , in r●gis & episcopi testimonio . be it one or the other it cometh much to a reckning , for the presence of the king was then represented in the county by the person of the earl of the county , as it is this day in his bench by the person of his judges . and the earl and bishop sitting together in the court of the county did ( as if the king and the bishop had been there ) hear jointly , not only the causes of wills spoken of in this law , wherein the bishop had special interest , but other also that came before them : and therefore in those days the extent of the earl's county and the bishop's diocess had but one limit . to this purpose is the law of king edgar cap. . and the like of canutus cap. . comitatus bis in anno congregatur nisi plus necesse sit , & in illo comitatu sint episcopus & comes qui ostendant populo & justitiam dei & rectitudines seculi . the saxon is , & ðaere beon ðaere scyre biscop & se ealdorman . let the shire bishop be there and the alderman , so then they called the earl. thus both ecclesiastical and secular causes were both decided in the county court , where , by the canons of the church the ecclesiastical causes were first determined , and then the secular . and many laws and constitutions there be to keep good correspondency between the bishop and the earl or alderman . and as both kind of justice were administred in the county court , so were they also in the hundred court ; in which course they continued in both courts 'till the very time of the conquest , as it seemeth , and almost all his time after . but about the eighteenth year of his regn , by a common council of the arch-bishops , bishops , abbots , and princes of the kingdom , ( which we now call a parliament ) he ordained , as appeareth in a charter of his then granted to remigius bishop of lincoln , vt nullus episcopus vel archidiaconus de legibus episcopalibus amplius in hundred placita teneat , nec causam quae ad regimen animarum pertinet ad judicium secularium omnium adducant , sed quicunque secundum episcopales leges de quacunque causa vel culpa interpellatus fuerit , ad locum quem ad hoc episcopus ei elegerit & nominaverit veniat , ibique de causa vel culpa sua respondeat & non secundum hundred , sed secundum canones & episcopales leges , rectum deo & episcopo suo faciat , &c. what ensued upon this , and how the bishop and earl divided their causes and jurisdiction appeareth not ; that of wills belonged either wholly to the earl ( as rector provinciae ) by the constitution of theodosius , or as much to the earl as to the bishop , by the laws of king edgar and canutus . but the subsequent use must inform us what was then done upon it . and thereby it seemeth that all went wholly to the bishop and clergy , and that the saxon custom was changed , and the norman introduced : and that the name of court christian or ecclesiastical , sprung not up or was heard of till after this division . for now the devising of lands by will after the saxon manner was left , and the goods themselves could not be bequeathed , but according to the use of normandy . a third part must remain to the wife , a third part to the heir ( or children ) and a third part the husband might dispose by his will. the norman manner appeareth at large by their custumary , and the english at that time briefly toucht by glanvil . but let the will and the matter thereof be what it would . it seemeth the insinuation , probate , and cognisance of it , belonged generally now unto the bishop and clergy , tho' i must confess it be hard to find manifest proof thereof in those ancient days of the conqueror and his sons . we must therefore discover as we can , and very material ( in my understanding ) to that purpose is the testimony which i find in the ancient laws of scotland , compos'd by the commandment of david their king , who lived long in the time of king henry i. son of the conqueror , and of king stephen the conqueror grand-child . for those laws have that similitude with ours of that time delivered by glanvil , as that in effect they be much what the same , mutatis mutandis , &c. and very often totidem verbis with glanvil . it is there said under the title de causis ad ecclesiam spectantibus , &c. pla●●tum de dotibus , & de testamentis ad forum ecclesiasticum pertinet . dower was then thought to belong to the ecclesiastical court , because it was a dependency of marriages , which doth belong to that court. and the rule was , qui est judex in principali est judex in acc●ssorio . but to our purpose it is plain , that testaments were then de ●ure ecclesiastico in scotland , and doubtless even then also in england . for not long after ( in henry ii's time ) glanvil himself doth testifie as much , saying , that where the testator nameth no executor , his next of kin possunt se ad hoc faciendum ingerere , and might have a writt to the sheriff ( in the form there recited ) against them , that detained any of the goods : and then addeth , si quis autem auctoritate hujus brevis conventus dixerit contra testamentum , soil . quod non suit rationabiliter factum , vel quod res petita non fuerit , ita ut dicitur legata , tun● quidem placitum illud in curia christianitatis audiri debet & terminari , &c. at this time ecclesiastical jurisdiction was grown to that exorbitant height and latitude , that they neither doubted to convent the king himself to their synod , as henry bishop of winchester and legate did king stephen to the synod of winchester , nor to put him to corporal punishment under the name of pennance , as the monks of canterbury did king henry ii. by whipping him . in ordinary matters therefore , no doubt but they extended their jurisdiction very far . yet all this while was not the decretum gratiani come into the world. in henry iii. time , bracton expresseth wills and testaments to belong to the ecclesiastical jurisdiction , as glanvil had done before in henry ii. and the scottish laws in henry i. time . si de testamento oriatur contentio in foro ecclesiastico debet placitum terminari , quia de causa testamentaria ( sicut nec de causa matrimoniali ) curia regis non se intromittit , &c. i am now come to the lists of the modern common law , and i dare venter no further . finis . icenia : sive norfolciae descriptio topographica . ab henrico spelmanno equ . aur. icenia . iceni nostri , quibus nixi sunt initiis , & unde nomen asciverint ; nec proditum reor à veteribus , nec rimatum feliciter à recentioribus . caesar ( hospes ) cenimagnos vocat : ptolemaeus ( altero velut orbe dissitus ) simenos : tacitus , praefecti britanniae gener , & diuturnus in gallia belgica magistratus , certiusque igitur insequendus , icenos . mitto , qui tigenos ; sine dubio perperam . non à rege aliquo nuncupatos , cum camdeno censeo : sed nec ut ille à forma loci , quam britanni ( inquit ) iken , id est , cuneum vocant . certe ptolomaei tabula & comperta ratio , quadrangulam potius justam , quam cuneatam faciunt . mallem ego ab ise fluvio celeberrimo , britannis ichen , totam regionem brachiis longe divaricatis transeuntem , deducendos . sic apud asiaticos , indi ab indo ; apud graecos , maeones à maeonia ; apud scythas , alani ab alano ; apud germanos , alsati ab alsa ; apud gallos , sequani à sequana , fluminibus . sic in ipsa anglia , derbienses á derwent ; lancastrenses à lan , alias lon fluvio , ut ipse agnoscit camdenus noster ; northumbrenses ab humbro ; & wiltoniae comitatus à guillo , i. e. willo fluvio , ut perhibet wigorniensis . nec obest ( s ) in ( c ) migratio , cum in voce conservetur sonus , & ptolemaeo litera , quam alii tamen in ( g ) mutant . soliti autem sunt britanni pro graeco σ , ch . ponere , ut ichen pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , soch pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. sue , buch pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. bove . fluvii nomen ab ise , alias iside , gentium dea , sortitum videatur . priscis , quippe in more fuit , sylvas , montes , fluvios numinibus consecrare , eorumque appellare nominibus . britannos vero prae diis aliis cererem & proserpinam , ( quae & isis dicitur ) inferna coluisse numina strabo perhibet . hinc infernales sui ritus , & nocturna sacra . nox diem ducit ; & per noctes , dierum seriem ; per lunas , mensium ; per hyemes , annorum numerant . sic hodie à seven-night pro vii . diebus ; à fort-night , quasi fourteen-night , pro xiv . diebus dicimus . et majores nostri xx. xxx . xl. winters , pro totidem annis recitabant . hyemem autem ideo consecrabant infernalibus , quod rerum semina sub hoc tempore ab eisdem existimabant conservari . hinc & in fluviis nostris celeberrimis , crebrum isis nomen , alias caelibis , ut brigantum isis ; isis icenorum ; & isis dobunorum : alias conjugis , ut tham-isis , is-urium , & hujusmodi . sed iceniae videamus terminos ; quibus includit camdenus norfolciam , suffolciam , cantabrigiae comitatum , & huntingtoniae . quod ut non probetur facile , ita sat difficile est ad refellendum . ptolemaeus simenos ponit inter catieuchlanos & metarim aestum , versus boream ; trinobantes versus austrum ; dobunos & coritanos versus occidentem ; & germanicum oceanum versus orientem . sed quibus hi destituuntur invicem finibus , non exponit . camdenus coritanos locat , ubi ptolemaeus inversis sedibus catieuchlanos ; mediterraneos scil . ubi hic maritimos , & è contra . auctorem non laudat ; propter viri tamen eminentiam inficias non ibo ; ne crassa versans caligine , falsis illudar imaginibus . haud tamen censeam priscos illos britanniae populos adeo certis & definitis limitibus disterminatos , cum scriptores antiqui tractum potius quo versati sunt obscuriores populi , quam tractuum limites designaverint . et qui fieri possit , ut hod●●rnis comitatuum finibus dividerent●● olim b●●●anni veteres , cum comitatus ipsi a saxonibus postea , & plerunque ab aluredo non ultra 〈…〉 anni● , dim●tati sint ? reor equidem priscarum gentium terminos , 〈◊〉 barbararum , instar magni aestuarii , nunc expansiores fuisse , nunc contractio●●● , juxta potentiam & deliquium suorum principum . sic londinum ipsum , tot●●s insulae metropolin , alias a veteribus in essexia , alias in middl●s●xia vidimus collocatam . eversa britannia , divisaque a victoribus romanis in quinque ditiones citra vallum quod instituit hadrianus , restituitque postmodum severus imperator ( sell . in britanniam primam , britanniam secundam , ●laviam caesariensem , valentiam , & maximam caesariensem ) cessit icenorum hic tractus ( ut camdeno pla●ui● ) in ●laviam caesariensem . celebre vero antiquitatis monumentum , quod notitia utriusque imp●rii nuncupatur , in — vi●ariorum britanniarum insulam ponens ; britanniam secundam locat ( consulto dixeris , an fortu●●o ) ubi ptolemaeus trinobantes & simenos . sed ejectis tandem britannis , cum reliquiis romanorum , descendit flaviae nomen , pariter & iceniae ad inferos , vocaturque a saxonibus tractus iste east-angle i. anglia orientalis , quod gens anglorum cum saxonibus e germania venientium , suam hic obtinuislent sedem , parte alia circa humbrum incolente . quibus tamen limitibus claudebatur , cum nec adhuc in comitatus distincta ●sset insula , satis videatur ambigendum , dimensionem licet satis habeamus explicatam . in antiquissima enim descriptione omnium praediarum , ex australi parte humbri fluminis , east-engl perhibetur . hidas demetiri . hidam beda familiam vocat , & vulgus alias pro . & . acris terrae aestimavit . nec semper tamen definite ; sed normanni postea caru●atam appellarunt , scriptores medii seculi coloniam , & romani olim villam rusticam . cum ●●●o aluredus , rex ( sine invidia dixerim ) inter principes optimos laudatissimus , angliam totam ad priscam germanorum politiam in shiras , quas plerique comitatus ; centurias ( quas hundreda jam & wapentachia ) & decanias ( quas fri●ergas vulgo & tithingas appellamus ) divisisset ; concluditur east-anglorum ditio trium shirarum extensione , norfolciae , suffolciae , & cantabrigiae . non dico , comitatuum , quod ad unum omnes sub hoc seculo pertinuer● comitatum ; siquidem ut ad unum episcopatum . comitatus enim plures saepe obtinuit shiras , & iisdem quibus episcopatus finiebatur terminis ; quod episcopus & comes simul considentes , populo jus dicerent ; hic humanum ille vero divinum . haec , pulsis britannis , inter advenas saxones conditio fuit ; donec erectam in monarchiam aluredus , angliam totam in certas portiones dissecuit ; quae a facto , shires hodie asque appellantur . qua partitione , licet antiquos britannorum limites in quibusdam observasse non est dubium ; in aliis tamen longius discessisse certum est . ideoque — sectiones britannicis respondere non credendae sunt . deposita autem controversia ( ut certa nostro argumento s●●na statuatu● ) concedamus hodiernos norfolciae , suffolciae , cantabrigiae , & huntingtoniae tractus , icenorum ambitu contineri . redacta heptarchia in monarchiam , canutus magnus angliae , daniae , norwegiae , aliarumque gentium borealium rex , monarchiam hanc in tetrarchiae speciem disposuit , viz. west-saxoniae regimen , sibimet ; east-angliam ( cujus duces vlfkettelum patrem & athelwardum filium in essenduni praelio trucidavera● ▪ quaeque ja●● norsol●iam & suffolciam complecti dicitur ) turkillo comiti ; m●rciam seu partem mediterraneam , edrico principi perfido ; & northumbriam , henrico designavit . sic sit east-anglia , anglo-dania ; & cum novo populo novas suscipit leges , quae a conditoribus dene-la 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. lex danorum , appellatus . prioribus igitur duabus ( i. e. ●est-saxon-lag & mereen-lag ) accedens , jam tertia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituit , è quibus cum edvardus confessor unam ex omnibus deduxisset , communemque inde appellasset ; gulielmus i. à danis & norwegis oriundus , danorum illam profundiorem & honestiorem aliis fuisse contendens , eam omnino suscitaverat , si vehementissimis magnatum deprecationibus non fuisset remoratus . ab hoc vero tempore ita claruerunt norfolcienses pietatis studio & splendidis ingeniis ; ut hinc in legum scientia primas obtinentes , quolibet aevo , regni tribunalia scientissimis judicibus , subsellia argutissimis jurisconsultis ornarunt : illinc rerum coelestium ardore conciti plus minus jam . ecclesias in hoc tractu , & ultro . coenobia ( quot in simili spatio nusquam invenies ) condiderunt . vivit sat honeste ipsa plebecula ; cujus tamen rusticitatem famoso derisit carmine ( quod aliquando vidimus ) sub johannis regis exitu monachus quidam petroburgensis , sic exordiens : edictum exiit augusto caesare qui mittens nuncios jussit describere mundi provincias summo cum opere . erat vero tunc quidam familiaris ejus norfolcianus , jo. de s. omero , cujus nominis familia in well juxta wisbech sedem habuit , & foemina haerede ad beaupreos transiit . ille monachi vesaniam indignatus , patrias edit vindicias , numeros reddens numeris , & rhythmos rhythmis : opusculum inscribit norfolcianae descriptionis impugnationem . sic inchoatur . edictum fingitur factum à caesare . sub rege autem johanne novas suscepisse periclitabatur norfolcia & suffolcia incolas . has enim provincias ipse , ut dicebat , per chartam suam hugoni de bones dederat , qui cum . millia armatorum in auxilium ejus comparasset , una omnes à pelago sunt absorpti , & cadaver hugonis cum mersorum multitudine tam foeminarum & infantium quam virorum , gernemutae ejectum . multitudo aërem ipsum inficiens morbum & pestem provincialibus intulit ; quos ut viva statuerat extinguere , & sedes hic sibi perpetuas comparare , voti quodammodo compos efficitur . e quatuor his regiunculis ; mediterraneae sunt omnino huntingtoniensis & cantabrigiensis : maritimae , pro dimidio , norfolcia & suffolcia . coelum omnibus velut unum , mite satis & tenue ; sed maritimis refrigerantius . solum unicuique proprium ; sed mediterrane is pinguius . huntingtonia pascuis aptior ; cantabrigia cereri ; suffolcia lacte scatet & caseo ; norfolcia vellere est nobilior . mediterraneae tantum ex humo vivunt . maritimae autem , cum thetim habent vicinam , penu praeterea illic funguntur ditissima . huntingtonia , leviter montana est : cantabrigia , tota campestris : suffolcia , sylvis consita : norfolcia , omnium particeps . singularum fines in paludibus coëunt ; ubi commune omnibus flumen unum est , amplum , piscosum , & navigationi commodissimum . ousam dicunt ; sed corrupte ( ut mihi videtur ) pro isidem . e paludibus damnum saepe omnes ferunt ; lucrum tamen annuò non exiguum ; praeter ingentem vim piscium & aquatilium . fluvius iste mediterraneis multis regiunculis tanquam via lactea est ; qua merces & alia vitae necessaria copiose inferunt & deferunt : ejusque in ostio , instar clavis , lenna sedet . aliud flumen celebre huntingtonia non habet , nec cantabrigia : habent vere tum suffolcia ; tum norfolcia , quae & caeteras , rivulorum multitudine , antecellit . succedit proxima suffolcia . indigere videtur cantabrigia ; sed magis tamen huntingtonia . metallum nulla effodit , nec carbones : ne structiles quidem lapides ; si non norfolcia . eliensis insula in paludibus sedet ; contineturque sub cantabrigiae appellatione . marslandia ( quae ex nomine cognoscitur , palustre solum ) . metit● jugera , inter vii . villas distributa . aggere cingitur elatiori , ab australi plaga recentium undarum impetum , à boreali marinarum , cohibente . eoum latus fortius rodit isis fluvius ; occiduum , furens à vulturno aestuarium . incolis hinc perpetua formido & periculum ; sed in aggere communis salus & fiducia . singulas tamen villas singuli claudunt aggeres alii , ne submersa una pereant caetera . bis sub nostra memoria generale passae sunt diluvium , aquarum dulcium an. dom. — ; salsarum , an. . qua ( ut mihi inter alios regio diplomate designatos ) pagensium juramento innotuit , damnum supra . libras illatum esse . aggerem quippe non ut alias trajecit pelagus ; sed transiliit altius toto pede ; quod ne indies faciat miraculo prohibetur & divina misericordia . octogenis enim cubitis supra britanniam intumescere aestus , pythias massiliensis auctor est . o bone deus , qui mare nobis ut israelitis olim , murum dedit in perpetuum suae bonitatis testimonium ! solum hie omnino pingue , sed robustum : pascuis igitur atque pecore laetum , magis quam in cerere . fossis & elicibus quibus centum & undeni incumbunt latericii pontes & ponticuli vermiculatim dissectum ; cum ad educendum inimicum imb●em , tum ad inducendum expetitum . fontem enim nullum habet neque rivulum : n●● talpam alit nec soricam . in marslandiae parte extima , versus occidentem , sitae sunt , walsoka , id est , immunitas juxta aggerem : waltona , id est , villa ad aggerem : & walpola , quod est , gurges prope aggerem , wall enim à vallo ductum , aggerem significat , & per translationem , murum . pertinebant olim priores duae ad abbatem ramesiensem . waltona scilicet , ex dono albredae viduae eustachii de scelleia sub henrico i. walpola vero ad ecclesiam eliensem , natalitiis clara s. goderici heremitae , cujus vitam & miracula parisiensis plurime decantavit . in viciniis jacent terrington & st. maries ; hoc familiae chervillorum qui de capra-villa olim dicebantur , & pro crista capram emblema nominis detulere antiquum patrimonium . sed defunctis nuper henrico cheruil equite , & filia sua , in cobbarum scribitur haereditatem . illud howardorum , qui hoc olim tractu maxime claruere , vetus sedes , & ad ingentia conservatrix felicissima . splendida etiam hic ecclesia cujus aliquando rector edmundus gundevill , collegium sui nominis exstruxit cantabrigiae sub an. dom. . adjacet tylney , veteris utique tilneiorum familiae radix ; quae per filiam & haeredem frederici tilney equitis amplissimi , in howardianam stirpem tertio hinc seculo confluens , auctiorem eam multo reddidit . hic se expandit insignis area , quae à planicie nuncupatur tylney-smeeth , pinguis adeo & luxurians ut paduana pascua videatur superasse . cum enim vii . villarum majora animalia quotidie recipit compascentia ; oves tamen praeterea plus minus . alere perhibetur ; nulla excedens extensione bis mille passus . tuentur eum indigenae velut aras & focos , fabellamque recitant longa petitam vetustate de hikifrico ( nescio quo ) haii illius instar in scotorum chronicis qui civium suorum dedignatus fuga , aratrum quod agebat , solvit ; arreptoque temone furibundus insiliit in hostes , victoriamque ademit exultantibus . sic cum de agri istius finibus acriter olim dimicatum esset inter fundi dominum & villarum incolas , nec valerent hi adversus eum consistere ; cedentibus occurrit hikifrikus , axemque excutiens à curru quem agebat , eo vice gladii usus ; rota , clypei ; invasores repulit ad ipsos quibus nunc funguntur terminos . ostendunt in coemiterio tilniensi , sepulchrum sui pugilis , axem cum rota insculptum exhibens . nec procul wigenhall , antiquae etiam cognomen stirpis . magna hujus pars ante aliquot secula ita aquis opprimebatur , ut neglecta generaliter occupantibus permitteretur . multi igitur sedes sibi illic elaborantes , totam pene in aridum redegerunt ; metuentesque jam tum ejici , in obsequium potentiorum se tradidere , censum & tenuram patrocinii causa agnoscentes ; ut antiqua refert inquisitio . extra aggeris partem illam , quam the podike vocant , soil . inter isidem fluvium & municipium eliensis episcopi , quod à situ in occidentali glarea wisebeach dicitur ( wise enim saxonice , ut in wisegothorum nomine , occidentale sonat ) well habetur , id est puteus . cum enim circumclusa jam marslandia , aquarum impediretur dilatatio , huc se recipientes ut in puteum , superficiem late opprimebant . nobilissima fit interea piscatura , quam ailwinus dux east-angliae , & totius angliae aldermannus , cognatus regis edgari , & fundator coenobii ramesiensis ( circiter an. dom. . ) eidem coenobio contulit , cum mansis & toftis piscatorum , ( ut verbis utar ramesiensis codicis . ) mansit ( ut videtur ) sub eadem conditione , usque ad aetatem regis gulielmi i. qui ecclesiae illi confirmans praedia , concedo ( inquit ) in welles . homines piscatores , singulis annis . milliaria anguillarum ( i. e. singulis monachis singula milliaria ) ibidem reddentes . emersit postea in villam celebrem , partim in insula eliensi , partim in norfolcia ( fluvio dividente ) sitam ; foro , nundinis , & uberrimis privilegiis sub abbatibus ramesiae honestatam , dimidiique hundredi fretam dignitate . hic & beau-preovum seu de bello prato , sedes opulenta ; praesertim cum excisis monasteriis ramesiense hic dominium comparassent : quod cum reliquo suo patrimonio edmundus beaupre dorotheae transtulit , quam ex winteri aliquando suscepit conjuge . nuptaque ea viro insigni roberto bell , qui capitalis baro scaccarii effectus est , à nepote ex filio corundem roberto bell , splendidi ingenii equite , possidetur . haud procul , in lincolniensi tractu ( nam confinia lambens , memorabile quod occurrit non praeteream ) tydd conspicitur . vicus pauper , sed cujus aliquando rector ( quem personam vocant ) nicolaus breakespeare à roma in norwegiam missus , eam praedicando ad fidem convertit christianam : & ab eugenio [ iii. ] albanus ideo constitutus est episcopus cardinalis ; creatusque est ipse post eugenium [ & anastasium ] an. dom. . papa hadrianus iv. consulum hic ademit potestatem ; quae orbem olim , urbem hactenus administrasset ; sibi retinens & successoribus . copiosissime in hoc & palustri reliqua regione , [ effoditur ] fomes terrea ; quae ( à torff , antiquo rege danico , ut ..... prodit inventore ) torff , etiam hodie appellantur ; & latine turbae à crassioris labii forensibus . mallem vero à sax. tyrf quod cespitem notat , ( v. gloss . nost . ) ni inventorem à re inventa dictum opinatus fueris . jam in norfolciae continentem transeundus est undosus noster plemmyrium , h. e. isis fluvius ; qui semper equidem non est transeundus . cum enim in duobus aequinoctiis maxime tumeant marini aestus , & potissimum ( ut plinius notat ) sub autumnali plenilunio ; hunc interdum è mari praevolat adeo insanus undae cumulus , qui se fluvii undis obviis non apponit , sed earum superficiem ita rapide superlabitur , ut velocitate equitantem superet , & furore quaelibet occurrentia mergat & evertat . venientem fugiunt naviculae , & ipsa aquatica volatilia cum ingenti strepitu . fluvii accolae hoc à feritate the eagar nuncupant , matthaeus parisiensis ( si recte intellexerim ) hygram : aliud reor quam graecorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sed non aliud quam undarum ingens cumulus , quem è lato collectum mari in angustias fluvii subdito detrudit aestus . in latiori enim ejus parte non ita saevit . taceo copiosam fluvii piscaturam ; de eo tamen dicam , ut de pergusa lacu ovidius — non illo plura caister carmina cygnorum labentibus audit in undis . trajecto iside , in centuriam clacklose pervenitur ; quae cum multis in eadem villis ad ramesiense olim spectabat monasterium ; hodie ad amplissimum equitem johannem har● ; velut unum illius abbatiae coh●r●dum . ad ponti● transitum primum obest downham-market , a montano sita nomen habens ▪ doun en●m mons est , ham habitatio : sed in membranis regiis downeham-hithe , i. e. portus , appellatur . mercatum illis antiquissimum ; nam ab edwardo confessore confirmatum reperi . aspicit prope in aequali situ domini sui aedes amplas & exim●as , annum circiter — . a nicholao hare , jurisperito ad stow-bardolfe extructas , sed lat●fundiis ●gregie ditatas beneficio hugonis hare , juris item peri●i & fratris nicolai , qui coelebs excedens , . lib. & eo amplius dicto joanni ex ricardo fratre pronepoti , & tantundem hugo● , dommo colera●● in hibernia ex johanne fratre nepoti , testamento dedit ; me in eodem supravisore inter alios descripto . copiosissime in palustri hic tractu effodiuntur focales cespites , quos turffs appellant , danorum nobis beneficium . a torfo enim ipsorum rege ( qui floruit an. dom. — ) inventos referunt ; nomenque tenuisse inventoris . sub●st wallington , quod ● coningesbeis cum uxore transiit ad franciscum gaudy , capitalem nuper civilium placitorum justitiarium , qui congesta h●●● plurima dominia , nepti suae e filia comiti warwici desponsatae , transmisit omnia . ●iliam aut●m duxerat gulielmus hatton , cancellarii ● sorore nepos . paulum hinc in euro-notum ad paludum marginem , sita est west-deerham villula , cunis memoranda huberti walter , filii harvei walter , & fratris theobaldi walter , hiberniae pincernae , a quo illustrissima pincernarum familia ▪ quam butl●r vocant ) & ormondiae comites ( ut testatur charta fundationis coenob●● de woney in hibernia ) originem ducunt . hic hubertus sub ranulpho de glanvilla , illustri illo totius angliae justitiario enutritus , evasit archiepiscopus cantuariae , cancellarius regis ricardi i. legatus papae celest●i iv. & tot●us etiam angliae justitiarius . miraberis tot in unum collatos magistratus , praesertim si recte intellexeris quanti sub hoc seculo munus fuerit justitiarii , potestate scil . omnes regni magistratus , dignitate omnes superantis proceres . post regem , primus universam complectebatur solus rem judiciariam ; officium capitalis justitiarii regii tribunalis , capitalis justitiarii civilium placitorum , capitalis baronis scaccarii , & in plerisque magistri pup●llorum . disposuit de thesauro regis , & in regni arduis elato peragebat omnia supercilio . in absentia regis ( quae sub istis seculis crebro accidit ) regni custos & pro-rex salutatur . tantos edidit villa haec obscura partus ; qui tamen coactus est ab innocentio iv. fasces istos seculares deponere , & aratro christi totus indulgere . ad cunarum vero decus , coenobium in west-deereham condidit : acceptique memor beneficii , instituit , ut pro anima ranulphi de glanvilla , patroni sui , preces hic perpetuo funderentur . sed descriptis ab henrico viii . in fiscum monasteriis , thomas deereham ut à nomine ●edem compararet , anno . ejusdem regis hoc mercatus est ; possidetque hod●e post cr●bram haeredum mutationem , e quinto filio nepos ejus homonymus , equ●s probus . progredienti mox occurrit ox●burgh , dictum ( ut suspicor ) pro ouse-burgh , quod ad isem fluvium , quem ouse appellant , sit appositum . sic oxeforde , pro ouse-forde . nomen antiquitatem loquitur & eminentiam . urbes enim quas britanni ●strias , saxones nostri & german● burghs vocant ( ut & recte notat littletonu●● a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , pro turri . haud tamen aio , burgos apud nos omnes , ●●●sse ol●● urbes : nam vox alias munimen quodlibet , & interdum montem no●at , a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ab assurgendo in altum [ instar turris . ] oxburgus igitur , si clarum aliquando oppidum non exstiterit , locum tamen munitum fuisse non est dubitandum . hoc idem generaliter statuo de villis omnibus , in quorum nomine burgh deprehenditur . sedes antique fuit weilandorum ; è qua familia thomas w●ilandus , capitalis justitiarius civilium placitorum , . edw. i. in exilium mittitur à parliamento . postea venit ad tuddenhamos , & deinde ( haeredis eorum nuptiis ) ad bedingfeildos , claros aliquando in aula regia , & florentes hodie latifundiis . duxerat quippe edmundus bedingfeildus sororem thomae tuddenhami equitis amplissimi ; & ex regni vicissitudine fortunarum suarum dispendium metuentes , pactum ineunt obsignatis tabulis , quod bedingfeildus signa sequeretur edouardi iv. tuddenhamus vero henrici vi. & si belli alea edouardo cederet , bedingfeildus gratiam regis tuddenhamo compararet ; sin é contra tuddenhamus id praestaret bedingfeildo . victoriam autem obtinente edouardo iv. bedingfeildus à rege impetrat tuddenhami patrimonium , sed tuddenhamus ipse capite plectitur ; clam hoc omne ; nam utrique aliter capitale . hinc processit versus oxburgum , quarto distantem lapide ; velut burgos conjunctura fossa alia hodie locis aliquibus complanata ; at centuriam clacklose , qua à fluviis non cingebatur , muniens & disterminans . transiens autem juxta bicham-well , appellatur bicham-dich ; & devenit terminus libertatum ramesiensis ecclesiae ex parte clacklos ( ut newmarket-dich libertatum s. ethelredae ad coenobium s. edmundi buriensis pertinentium . ) sic enim charta henr. i. sect. . sciatis me concessisse & confirmasse ecclesiae s. benedict . de ramesia , &c. socam , sacam — & omnes libertates & omnia placita ad coronam meam pertinentia apud bancastre & ringsted & apud clacos-hundred & dimid . cum . socomannis ad hundredum pertinentibus , scilicet infra bicham-dich & apud forum de dunham , quod pertinet ad winebodesham . socomanni dicti sunt coloni , qui domino suo rem expediunt frumentariam : & cum in coenobio ramesiensi . essent monachi , qui totidem anguillarum vescerentur milliariis , ut in well supra memoravimus , hic singuli singulis suppeditantur socomannis , cererem ministrantibus , quatuor abbati reservatis . quinto hinc lapide , in acclivi solo swafham conspicitur ; mercatu nobilis , quem à rege ..... obtinuit . aërem exhibet à laudatissimo medico laudatissimum . splendidam item ecclesiam , cujus insulam borealem pedaneus condidit aginator . descenditur hinc ad castle-acre , i. e. castellum in agro ; quod è resurgente monte late prospicit adjacentia . prisca hic sedes altera comitum warrenniae ; quorum antecessor willelmus de warrenna forestarius regis gulielmi conquestoris , & gulielmus de albeneiaco pincerna ejus , sortes adeo luculentas in occidua tulerunt norfolciae parte , cum normannis divideretur , ut nulla pene villa quae ab episcopo aliquo vel monasterio non possideretur , quin in alterius eorum ditionem cessit . testantur hoc antiqui libri feodales , qui alterutrum faciunt cujusque pene villae capitalem dominum . ad radicem castelli ( quod rudera tantum nunc ostendit ) gulielmus de warenna comes surregiae , an. dom. . condidit prioratum in honorem beatae virginis mariae , cellam vero futuram statuit lewensi monasterio , quod in sussexia pater ejus gulielmus instituerat . hic me monet locus , ut cum prudentia junctam [ eorum ] pietatem memorem , qui non minus animae saluti quam corporis consulentes , spiritualibus se militibus contra hostes spirituales , aeque ac secularibus contra seculares munierunt . vix enim reperitur primaria sedes alicujus magnatis , quae castello suo non subjunxit coenobium . claruit & contiguis west-acre eximio monasterio . castelli pomoerium & utriusque moenia monasterii perlabitur fluviolus elegans , nar ( quod aliis commune est nomen ) mihi ut videtur appellatus . nam in procursu statim occurrit narford villula , quasi narris vadum ; & subinde narburgh , quasi burgus seu castrum ad narrem : cui belle convenit quod in ligurinis canitur , meliori subdita caelo castra locat , gelidas vicini naris ad undas . dictum de narnia , oppido italiae , cui nar fluvius interluens nomen indidit ; & tyberi conjungitur : exemploque monitus ego , villas has nostras narniam advadum , & narniam ad burgum appellabo . quod de narburgh prodiderunt incerti senes , ego posteris non refundam . nec his fidem mendicabo , quae johannes bramis thetfordensis monachus , circa aevum henrici iv. ( ut scriptura codicis mihi suggerit ) in historia waldei regis hujus tractus , decantavit . saepe tamen ejus nititur auctoritate jo. catus , in antiquitate cantabrigiensis academiae , & ab eodem succrevisse lumen mihi aliquando , non negaverim . laborare cum fateor normannorum & gallorum vitio , quo romani suos deturparunt , fictitia veris commiscentes . nerburgum resert , civitatem fuisse sub aevo uter pendragonis , qui rex britanniae floruit an. dom. . comiti cuidam okenardo subditam . eam à waldeo fortiter obsessam , defendisse strenue septem mensibus okenardum ; noctuque saepe exsilientem hostium multos interfecisse : & florentium quendam waldeo dilectissimum truculenter vulnerasse ; waldeum facto gravius irritantem : qui vindictae acriter jam incumbens , okenardum ad extremas adegit angustias . fractum igitur , à seneschallo suo admonitum fuisse ut se fugae traderet : st enim ( inquit senescallus ) te rex waldeus in manibus poterit habere , te ut latronem faciet interire . igitur cum rex supervenerit , fugies de civitate ista , & nos castellum istud custodiemus , mittemusque ad waldeum , & vitam nobis & membra obtinebimus ab eo , priusquam trademus illud in manus illius . okenardus igitur , nocte superveniente , equo ascenso , egressus est ; venit & londonias ad uther , &c. senescallus autem de salute pactus , civitatem reddit , & waldens protinus delevit eam . haec & plura brainis . rerum illic antique gestarum , testimonium adfert ipse locus . sepimentum vetus militare , ubi ( si forte uspiam ) castellum okenardi . saxones burgum vocant , & a narburgo usque ad oxburgum velut burgos conjunctura protenta olim fossa militaris , hodie licet locis aliquot complanata . adde quod dum clemens spelman eques , . abhinc annis , hortum novum sub radice burgi moliretur , multa humana ossa cum armorum partibus aliquot sunt effossa . longe autem ante normannorum adventum , inducto aratro ; illud civitatis exhalavit dignitatem . de ea enim , ut de villula rusticana , sic liber angliae censualis , qui domesdei appellatur , sub titulis norff. roger. & hundred . de grenehow : nereburgh tenuit aelwius tempore regis edwardi confessoris , modo r. vicarius terrae pro manerio . tunc [ erant ibidem ] . villani , & post . modo similiter . tunc & semper . bordarii ; modo tres . tunc & post in dominio . carucatas [ terrae ; ] modo . aelwius iste videtur fuisse danus , ut plerique sub hoc aevo norfolcienses ; ejectus autem à rogero supradicto , puta bigoto normanno , cui amplam in hoc tractu partem gulielmus conquestor elargitus est . r. vicarius terrae ( uti censeo ) fuit robertus , aut rogerus de narburgh , qui rogeri vice hoc manerio fruitur , & splendidae narburgorum familiae ( qui à bigotis ipsum acceperunt , ut castrum suum norwicense feodali jure tuerentur ) initium dedit . deficiente vero sub henrico vi. prole mascula ela filia gulielmi de narburgh shouldamo primum , & secundis nuptiis henrico spelman collocatur , e quorum filio juniori johanne spelman , secundo justitiario regii tribunalis , valde ( ut fitz-herbert testatur ) perito in lege , johannes atnepos narburgo potitur . a narburgh crebra ludens vertigine , ad marham & pentney , claram utramque suo monialium coenobio tendit fluviolus . deinde ad shouldham coenobio item ornatam , & exhausta propemodum antiqua familia shouldhamorum , aquilam auream in coelo ceruleo gestantium . mox allabitur wormgey & middleton , castello & coenobio monialium aliquando insignem , ad barones de scales , & postea ad comites oxoniae ex nuptiis spectantem . illam castello item & coenobio decoratam , & à [ willielmo ] de warrenna primo comite surriae , ad bardolphos clarissimos barones deductum . jam ad lennum properans narra fluvius , domino suo isidi conjungitur ▪ qui congunum fluvium ex parte alia suscipiens , insignem in compitis stationem oppido insigni expedivit . dici autem len ( nam corrupte lyn ) à britannico ●hyn pro stagno aut diffusis aquis , si vox eo traheretur ( ut camdenus voluit ) non assentior . saxonicum plane existimo , & alias praedium , alias feodum significare . sic apud germanos hodie fanelhen , praedium feu feodum baronis ; & len-episcopi idem plane quod praedium episcopi . contrahitur etiam vox saxonibus nostris non tam praedium significare , quam praedium ecclesiasticum ; quod in aliarum villarum nominibus saepius deprehenderis , & britannis ipsis ( si hoc malueris ) omnino similiter . illis enim ( si mihi non imponant ) ter-llen significat terram ecclesiae , vel ecclesiasticorum . labitur & vir optimus pede altero . nam hoc dictum opinatur lennum episcopi ; illud in adversa ripa , ( vulgo old-len ) lennum regis : cum len-regis idem sit à tempore henrici viii . quod eausque len episcopi . permutante enim rege cum episcopo norwicensi monasterium s. benedicti de hulmo , & terras plurimas , pro terris & dominiis episcopatus sui ; len inter alia ad regem transiit , & jam inde nomen ( ut oportuit ) in lenn regis commutavit . glauci forte & diomedis permutatio ; recte vero si ariolar , sol eatenus alium non vidit lenni dominum quam episcopum east-anglorum . illic primarium ejus municipium , illic sedes altera , illic cuneum . hoc in mint-len , illa in contiguo gey-wood . magnam illic & primariam ecclesiam s. margaretae dicatam sub gulielmo rufo struxit herbertus de losinga , qui episcopatum transtulit de thetfordia in norwicum . praetoem dedit rex johannes ; à joanne graio , episcopo norwicensi , villae domino ( cum regem hic lautissime excepisset ) exoratus . regis tamen non officialem fore sed episcopi ; jurandumque novum quotannis in curia seu praetorio episcopi gaywodensi , ubi aulam & egregiam molem praesul iste suscitabat . episcopo igitur in omnibus subaudiens , homo episcopi nuncupatus est . largitur rex praeterea splendida privilegia , & à latere ( ut ferunt ) gladium suum ; sed quo nomen ejus magis celebrant quam in aliis omnibus munificentiis , cyphum ex argento egregium , interius deauratum , & exterius encausto ( quod miraberis ) insolito , costisque ex auro solido illustratum . piaculum ducunt merum non lectissimum ex hoc haurire : & hauriunt quidem , non libant ; caduntque interea cypho plures quam ipso gladio ( dicam cum martiali : hic scyphus est in quo misceri jussit amicis largius henricides , & bibit ipse merum ) quem ostendunt hodie , & à latere regis johannis traditum perhibent , majori praeferendum : ego vero ut credam non adducor . non enim regis fuit , sed episcopi municipium ; nec majorem statuit rex johannes sed praepositum , quem henricus iii. in majorem commutavit , cum lenni cives in insula eliensi partes ejus contra pr●scriptos barones , fidelius multo quam feliciter [ tuebantur ] & in charta regis johannis qua id privilegii concederetur , nulla gladii mentio . certe henrici viii . donum fuit , cum villam consecutus esset ab episcopo . novis enim eam ornans privilegiis , & burgenses mutavit in aldermannos ; & gladium , ( expressis in charta verbis ) majori concessit praeferendum . testatur ipsius gladii in capulo inscriptio . dominium villae cum censu , vectigali & theolonio ad episcopos spectabat ; sed theolonii tertiam partem comites arundelii jure castri sui de risinge vendicabant . hanc cum aliquando rogerus de monte alto , baro eximius , & jam castri dominus à lennensibus postulasset ; moeniis atque carcere interclusum tenent , donec relaxasset jus suum , juramentoque confirmasset , se nunquam super hoc aut inficias iturum , aut apud regem conquesturum . longae extant rei ambages in fisci schedis , anno ..... edw. ii. sed & in ipsum municipii sui dominum , norwicensem episcopum , cervicem adeo erexerunt , ut jura aliquot quae super eis habuit dominii ratione , pauperibus risingae burgensibus ( velut in ludibrium & conculcationem ) elocavit . incentivum prodere videtur haec charta ; quam ab alia pariter denotanda supposuimus : w. dei gratia episcopus norwicensis , dilectis & fidelibus suis johanni de bedeford . gilb. fil . warin . & omnibus aliis probis hominibus suis lenn . excepto eadmundo de wasingham majore nostro & fautoribus suis , salutem & dei benedictionem . sciatis quod cum nuper in die sti. stephani venissent ad nos apud norwicum dictum eadmundus angerus de rising & quatuor alii burgenses tam ex parte nostra quam ex parte sua , villam nostram de lenn peterent ad firmam sicut prius ; nos habito cum pluribus viris sapientibus consilio , tandem optulimus eis ut ipsi eadmundus angerus & duo alii ditiores villae reciperent villam illam ad firmam , viz. tali modo quod neminem talliarent , nec pauperes gravarent , nec alicui injuriam facerent . quod quidem penitus refutaverunt , & willielmum de pinkebek ut ballivum nostrum receperunt cum gratiarum actione . et super hoc audivimus , quod ( nescimus quorum ducti consilio ) ipsum willielmum ut ballivum admittere recusantes ingressum domorum nostrarum & bothae nostrae denegaverunt eidem . et ideo vobis mandamus quod in fide qua nobis tenemini , eidem willielmo & ballivo nostro sitis intendentes , & eidem ingressum & seisinam domorum nostrarum , gwyldhallae , & bothae nostrae habere faciatis sine omni dilatione , ut fidelitatem & discretionem vestram merito debeamus commendare . datum apud thefford iii. kalend. januar. pontisicatus nostri anno iv. esculentis & poculentis ita a natura accommodatum , ut penarium cereris atque bacchi videatur . ex parte enim ejus orientali tanta incumbit vis frumenti , ovium , cuniculorum , & campestrium alatilium ; & ex parte occidentali , casei , butyri , boum , cygnorum , & palustrium volatilium ; in viciniis , piscium hinc marinorum illinc sluvialium & recentium ; ut vix in tota britannia , forte & europa , in consimili circuitu tanta habeatur eduliorum diversorum copia . lenno per gaywodiam ( de qua diximus ) exeunti ashwicken-thoresbei prostat , domicilium dixerim an latibulum , nescio ; sed splendido cinctum patrimonio , domino satis dispari dominatum . in recto quem faciunt angulo isis & congunus fluvii , e palustri solo assurgit , nomen inde deferens , rising ; & egesto ex immani fossae colle arduo in gyrum dato , castro insuper coronatur . fossae species gothica est , ut procopius docet , normannisque ideo usitata , genus à gothis deducentibus . licet enim saxones castra sua , gyrata etiam fossa circumscripserint , angustiori tamen usi sunt , & minus depressa , sed majoris plerumque circumferentiae ; qua & hos romani superabant . romani autem ( ut polybius refert & vegetius ) in oblongum , si pateretur locus , castrametebantur quadrum , fossaque . tantum muniebant pedum , praetenta anteriori lateri fossa alia quam loricam appellabant . formam infra videris , cum de brancaster tractaverimus . ex his quae diximus , uniuscujusque populi , romani , saxonis , dani , & normanni deprehendas munimentum . romanos apud risinge aliquid habuisse praesidii , & loci monet opportunitas , littus procul nudum , portum juxta celebrem despicientis ; & effossus in vicinia nummus constantini magni inde pridem ad me allatus . castri exterior fabrica , norwicensem exprimit ; tecto pariter & intestinis spoliata . tribus in muro firmata turribus , quas trium maneriorum domini , viz. de hunstanton , wutton , & ridon , feodali obsequio tuebantur . municipium adeo vetus , ut originem ejus nesciant archiva regia . praetore gaudet , & binis olim in hebdomade mercatis ; nundinisque in anno quolibet . dierum . ab anno ..... duos misit ad comitia regni procuratores , quos burgenses vocant . vetus fuit albeniorum , comitum arundeliae possessio , & in divisione amplissimi eorum patrimonii inter sorores hugonis comitis , in portionem cessit roberti de monte alto , baronis limitanei . robertus de monte alto , qui ..... reliqua desiderantur . prisas hic vocat , jus capiendi annonam in villis circumjacentibus ad sustentationem castri , precium intra . dies reddentibus , ut stat. an. . edw. i. definitum est . ad orientalem risingae limitem ( mantua me miserum nimium vicina cremonae ) congham adest , nomen a conguno quem emittit fluviolo auspicata . hic pars maxima nostri patrimonii , quam obtinuit olim gulielmus rusteng , qui sub comite arundeliae militans in terra sancta tempore richardi i. miles factus est ab eodem comite , prout etiam — de ingolsthorpe , & andreas de sharneburne . hoc quippe seculo dominis licuit capitalibus clientes suos milites instituere , etiam episcopis & abbatibus . sed abbatibus prohibetur in concilio [ londinensi sub anselmo archiepiscopo cantuariensi , an. . ] ad mallingham hinc proceditur , quam robertus mordant prothonotarius civilium placitorum sub henrico viii . nuptiis tulit barbarae , filiae & haeredis johannis le strange jurisconsulti , easdemque transmisit ad pronepotem . huc se adjungit rougham , ab aevo richardi ii. yelvertonorum sedes , e quibus willielmus sub henrico vi. christophorus sub elizabetha , & henricus hodie , justitiarii claruere ; hoc est , ( ut avum taceam , qui & jurisconsultus fuit ) filius pater , & tritavus . sed christophorus & henricus in northamptoniae consederunt comitatu . descripsi ante aliquot annos in norfolciae tabula geographica circulum , duodecem habentem in semidiametro mille passus . centrum posui in campis roughamiae , deprehendique sub illius ambitu fuisse . monasteria , totidemque minorum nobilium domicilia . simul in vigore omnia , cum ferale illud exiit de excindendis monasteriis senatus-consultum . domicilia ab iisdem familiis vel eatenus ( puta . post excidium annos ) possideri . monasteria vero , ter , quater , quinquies , dominos cum familiis eructasse , nec reperiri hodie monasterii sedem , quamvis uberem & amaenam unamquamque ( nam , ut abel , pinguia deo sacrificabant majores nostri ) qua una eademque familia nobilis est gavisa . duas excipio , quarum altera non dum tertiam , altera ne secundam transiit generationem . sed nec haec familiae alicujus habitatio ; nec illa à gravissimis infortuniis unquam libera . par in reliquis observatio ; ut intelligas non inanes fuisse multiplices illas maledictiones raptoribus istorum à veteribus imprecatas ; nominis vel familiae exstirpationem , patrimonii effusionem , lites & jurgia diuturna , infortunia saepe gravissima , saepe etiam capitale excidium . numerosa praesto sunt exempla ; sed hic aliud institutum . sed recurrendum mihi est in occidentem ad borealem , quem faciunt isis & congunus , angulum . illic babbingley , ubi s. felix east-anglorum apostolus , circiter an. dom. . à dunmocco applicans , incolas imbuit christiana fide , primamque hujus tractus ecclesiam condidit , quae à posteris ejus dicata patrocinio , hodie s. felicis appellatur . rei memoriam etiam praedicant adjacentes montes , christianorum dicti , the christian-hills ; & in vicinia flitcham , quasi felix-ham , i. e. felicis villa seu habitatio . haec coenobio ornabatur monialium , quod ejus fundator cellam statuit , ad abbatiam s. mariae walsinghamiae pertinentem ; dictaque ipsa est s. maria de fontibus , quod ab oriente fontes ostendit aprico interdum meatu , interdum subterraneo ludentes . habetur hic in campis quadrata area & leni conclusa fossa mallobergium , quod incolae flitcham-burgh nuncupant . ibi olim , ut in praetorio conveniri soliti sunt centumvirales judices ( the free-holders vocant ) cum istius centuriae seu hundredi , tum & aliarum ad lites in centuria emergentes dirimendas . sic enim in brevi quodam gulielmi rufi . willielmus rex anglorum h. camerario salutem . facias convenire & considere tres hundredos & dimidium apud flicceham-burch propter terram illam de holme , &c. huc etiam convenire olim solebant centenarii , ad dominum hundredi eligendum : & ex prisci moris vestigia huc annuatim hodie indicuntur centenarii seu hundredarii obsequium domino hundredi ( quem sectam hundredi vocant ) praestituri . progredienti versus boream , appleton , ubi splendidas aedes non ita pridem exstruxit edouardus paston ; & sandringham , ubi ab aevo edw. iii. cobbarum succrevit familia , à laeva praeteritis ad sharneburne descenditur . hic thokus quidam loci dominus , a s. felice conversus & baptizatus , secundam extruxit ecclesiam , quam in honorem ss . petri & pauli felix dedicavit . parvam siquidem , & ( pro ratione illius aevi ) ligneam ; unde longo tempore stock-chappel appellata est . thoki deinceps haeres ex multis suscepta nepotibus , edwino cuidam dano angliam venienti cum canuto rege an. dom. . desponsata est ; edwino rex canutus snetesham dedit , & multa praedia de quibus postea , sherburnamque uxoris patrimonium confirmavit . hic ille omnibus pace atque otio fruitur , donec à normannis ejectus est ex omnibus . distribuente enim inter commilitones angliam gulielmo conquestore , & partes hic amplissimas gulielmo de albeneio , & gulielmo de warrenna concedente , ejecerunt illi quotquot vellent , & edwinum pariter expulerunt . conqueruntur pulsi & ejecti apud regem , & ( ut verbis utar ms. cod●cis ) dixerunt ei quod nunquam ante conquestum , nec in conquestu , nec post , fuerunt contra ipsum regem in consilio vel auxilio , sed tenuerunt se in pace ; & hoc parati fuerint probare quomodo ipse rex vellet ordinare . per quod idem rex fecit inquiri per totam angliam . possedit praeterea thokus quicquid jacet ab occidente sharnburniae , versus mare ; deditque totum ingulpho cuidam cum filia unica in matrimonium , qui de nomine suo villam ibi condidit ingolsthorpe , ut refert ms. liber cui fidem cedo , licet ego dictam putassem ab ingol fluviolo , qui hic mare ingreditur . ad fontem ingolis habetur netesham , i. e. villa vaccaria , hodie snetsham , quam ( ut diximus ) canutus dedit edwino dano ; sed eripuit illi gulielmus de albeney normannus ; suaeque prosapiae comitibus arundeliae permansit , donee ex nuptiis unius haeredum ad monte-altos transiit , & ab his per stirpem regiam ad duces lancastriae . nobile dominium & splendidis ornatum privilegiis ; sed inter ignobiles jampridem distractum . dedit etiam canutus edwino dano planiciem ex parte orientali sneteshamiae , ad senos incultam mille passus . illic edwinus in lapideo colle , quem seculi illius latinastri hogum pecosum appellabant , stanehow condidit . a vado hic prope arundineo nomen ascivit sedgeford , ecclesiae s. trinitatis norwici olim collata : sed possessio nuper johannis le strange , cujus ego filiam primogenitam in matrimonium duxi ; patrimonium vero ( qua per fas aut nefas ) sub puellarum abrasit socer infantia ; suam inde pinguescens sobolem . injuriae , longae sunt ambages . transeo . sedgfordia exeunti exurgit promontorium s. edmundi regis & martyris nobilissimi ; qui ab offa rege east-anglorum in regni adoptatus successionem , splendido navium & ministrorum apparatu , à germania , huc in portum vicinum appulit , cui nomen eo tempore fuit maiden-boure , i. e. thalamus virginis . quis autem hic esset locus magna me tenuit dubitatio . portum de hecham exilem & obscurum censeo ; nec burneham satis laudabilem ad splendidum excipiendum navigium , quamvis naves illius seculi satis agnosco tenues . lennum igitur in considerationem veniens , prae caeteris arridet ; tum quod portus sit tractus istius eminentior , tum quod s. margaretae virginis sacrarium esset & thalamus . hanc enim lennenses ex antiquo divam coluere tutelarem ; templi ejus custodes sunt , & in honorem ejus tria capita draconis , quem illa cruce armata triumphasse dicitur , singulo in ore singulis sauciata crucibus , pro insignibus gestant . habeturque emblema virginis in sigillo suo publico , draconem cruce vulnerantis & conculcantis , cum hac circumscriptione stat margareta , draco fugit , in cruce laeta . sanctus vero edmundus à maidenbore non longe progressus , villam condidit regalem hunstanstone ; quod johannes pringtonus dulcedinem & potentiam interpretatur ; moratusque illic per annum pene , psalterium davidis in saxonico idiomate memoriter sategit recitare . liber ipse à clientibus suis monachis buriensibus in ipsius honorem religiose custodiebatur , usque ad excidium monasteriorum . ab hunstantonia perrexit athelburgum , regnique anno . martyrio coronatus , divorum ascribitur collegio ; & in vertice promontorii hunstantoniensis capella splendida honorabatur . pervenit deinceps haec villa regia ad alfricum , sub canuto rege elmamensem episcopum ; qui eandem , cum holme adjacente vicula ( cujus ecclesiam struxit hen. nottingham ) monasterio s. edmundi buriensis dono dedit . sed deducta postea sub ingressu normannorum , ad albeneios jure feodali extran●is vulgo le strange ceditur , ob praesidium à . militibus faciendum in castro de risinge . longe itaque mansit apud barones le strange de knoken ; sed à johanne barone an. . edw. i. confertur in hamonem fratrem suum de se & haeredibus suis tenendum per ser . — e cujus prosapia illic hodie floret hamo le strange equ . priscam familiam avitis ornans virtutibus , & ( quod magis in precio ) facultatum accessione . cerere ( ut hiblen melle , croco tmolum invidere taceam ) luxuriat pars haec maritima , praesertim hordeo , ex quo vinum conficiunt britannicum , vitis aemulum ; saxonibus antiquis bier ( quod proprie hordeum significat ) appellatum . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 graecis , qui hoc adeo capiebantur latice , ut in honorem ejus byrtorum seu hordeaceorum festum instituere , à constantinopolitanis usque ad anastasium imp. qui hoc sustulit , celebratum . festum ( inquam ) sustulit imperator anastasius , laticis desiderium omnes non tollent imperatores . at num saxonibus beire in usu ? bryton ( inquam ) seu potus hordeaceus , quem alio nomine eale , & à dulcedine soth-eale appellabant : non noster iste lupulatus : nam cum hordeo lupulus ante medium regni henrici viii . nuptias non inierat . ex illa vero die summo in honore lupulatum bryton ; quod ( ut graeci ) numen colimus , salutisque praedicamus donatorem . o funestam & infelicem salutem ! prima enim quae hic unquam pota fuit , in excidium transiit totius gentis . cum hengistum saxonem ad auxilium induxisset rex britannus vortiger , & hospes hospitem mutuis se exciperet convivationibus , roëna hengisti filia pernoctanti apud patrem regi propinans ait , was-hale . rex loquelam non intelligens , quid dixisset , quaerit à circumstantibus ; responsum est potare eam salutem regi ; qui rei captus novitate , blanditias colit cum virgine , & brevi in uxorem ducit . illa patris erudita technis , proceres regni ad convivium vocat , ubi ex insidiis trucidantur omnes , & ad saxones translatum regnum . hic branodunum ( à brano non procul fluvio , & duno pro monte ) vulgo brancaster , i. e. castrum ad branum ; pelagus à sinistris late spectat ; à dextris longius ericeta . recipiente se in orientem littore , branodunum vetus , hodie brancaster , ericeta longius , pontem juxta despiciens , romani castri vallum exhibet , ad mensuram à caesare datam ( bell. gall. lib. . ) castra in altitudinem pedum . vallo , fossaque duodeviginti pedum munire jubet . ●ormam castri cum singulis suis dimens●on●●●s , ut ●omanam plane agnoscas apposuimus . [ in codice ms. sp●l●anni spatium va●uum relinquitur ; ipsa castri figura desideratur . ] castri dimensiones ipsum ostendunt non tumultuarium fuisse , aut in transitu factum , sed legitimum & stativum , ad custodiam insuper totius littoris borealis contra saxonum irruptiones ( quibus adeo expositum fuit ut littus saxonicum appellaretur ) destinatum . e● nomen a bran seu brun & burn fluviolo , & duno pro monte ; quod etiam , ut berig & burg saxonibus , oppidum alias significat . bran vero & brun confundi videas in leofrici anglo-saxonis cognomine , qui alias dominus de brane , alias de burne appellatus est , pater scilicet herewardi . stationem hic habuit sub comite littoris saxonic● praepositus equitum dalmatarum cum sua vexillatione . sed illud quaero , quorum tempore coeperit hoc litus saxonicum appellari , ejusque praefectus , comes litoris saxoni●i . ferunt , inde nomen quod hic comes litus tueretur contra saxones . qui autem hoc ? num britanniam infestarunt saxones , romanis dominantibus . certe non reperi . pro derelicto autem habuerunt an. dom. . cum ab aetio consule opem contra scotos & pictos , valentiniano iii. imperante , implorantes non 〈…〉 vero ante annum . non appellunt , nec tum quidem a v●●tigerno haud accersiti & britannis . ante hoc igitur tempus non videtur saxonicum l●tus appellari . quid ergo in imperiorum notitia tanto proponuntur fastu romani magistratus in britannia , vicarius britanniarum , dux britanniae , comes britanniae , comes litor●s saxonici , &c. cum insigni praefectorum , officialium , & ministrorum cat●rva , & apparatu ? suspicor ; ut in provinciale ecclesiarum in romana cancellaria , patriarchae , archiepiscopi , episcopi suffraganei , hodie numerantur sub infidelibus ; ut floruerunt olim sub christianis . ●oc autem posito , male convenit ut romani nomine uterentur sua ditione non enato : provinciale siquidem priscas retinuit appellationes . celebre igitur monumentum notitiam imperii , de cujus origine & antiquitate crebro contenditur , siquido constat sub exitu valentiniani iii. concinnatum fuisse , non exutis omnino romanorum reliquiis , sed turgescente indies alluvione saxonum ; litus jam ideo nuncupari saxonicum , & praefectum ejus , comitem litoris saxonici , qui sub valentiniano i. superioribus paucis annis ( marcelino teste ) comes maritimi tractus appellatus est . haec ad ambiguum enucleandum ; ad me redeo . pinguntur huic comiti in notitia pro insignibus oppida ix . quibus praesidebat in insula ( puta britanniae ) cum nominibus ascriptis : soil . unum in sussexia ; . in cantio ; . in essexia ; & . in norfolcia , branodunum , viz. & ( de quo postea ) garienum . merebant sub eo una legio , quae hoc tempore . fere continebat pedites : seni numeri forte . pedites : & . ordines equitum , i. e. dalmatarum , qui praesidinm hic agebant ; & stablesianorum , qui ad ostium garieni , numero simul . vel hunc circiter . sic tota ejus militia per . oppida seu stationes disposita , continebat plus minus . pedites , & . equites . dalmatae vero hi dicti sunt , quod e parte s●lavoniae quam dalmatiam tunc appellabant , conscriberentur . eorum insignia praebet , ut vides , notitia : colores vero ex antiquis mss. sic expressit pancirollus . praeferunt ( inquit ) in alba parma duplicem argenteum globum , quorum primum minorem sex virides munitiones circumstant ; alter . acutas cuspides emittit . supra est quadrata tabella , quae unam legem duplici orbi romano dari insinuat ; prominentes mucrones caedem hostibus nunciant . eruuntur hic saepe romana numisinata ; ad me etiam nonnulla delata , cum duobus aliquando vasculis aeneis seu capedunculis . regiam autem villam ipsam ( sic enim olim appellatam reperiri , & regalibus imbutam hodie privilegiis ) coenobio s. benedicti ramesiensi dedit vulfgiva comitissa , uxor ailwini east-anglorum ducis , & totius angliae aldermannus ( id est , justitiarius ) qui opulentissimum ramesiae monasterium fundavit sub an. dom. . brani ostio septemplex innititur burnham ; nomen inde ( si britannorum bran , cum saxonum brun , prun , & burn confunderim ) etiam deferens . hoc autem isti pro torrente dixerunt : sed gunterus ( austriades ) ubi de hayl-prun oppido imperiali loquitur , hayl salutem exponit ; prun vero fontem : eoque sensu , fontem ( inquit ) liquere salutis . portu claret & mercato ; aliquando etiam prioratu . obtinuerunt hic olim è warreniorum dono splendidum calthorpii beneficium , dominorumque una symbolum auro & cyaneo tessellatum , quod trajectu distinctum armelino hodie gestant in clypeo ; ut pro more veteris illius seculi patronum enuncient feodalem . sic ut diximus sharnburni albeneiorum : & moris typum exhibuisse videtur apud giraldum cambrensem , sub henrico i. giraldus de windesora , constabularius penbrochiensis , qui xv. armigeris arma dominorum suorum cum feodis dedit , ipsosque statim militari cingulo decoravit . habetur sub edw. iii. in quatuor illis armigeris pugnacissimi baronis de audeley recentius testimonium , sed nos aliud agimus . transiit haec haereditas superiori seculo cum filia philippi calthorp equitis ad parkeros , à gente baronum de morley propagatos . egeruntur hic secundum littus crebri monticuli ; saxonum & danorum proculdubio sepulturae , ( nam de germanis tacitus , sepulchrum ( inquit ) cespes erigit ) an & romanorum , fossione dignoscendum . hi mortui , cineres in urna condidere , aggestis desuper cespitibus ; ut in exequiis mezentii prodit virgilius . illi non cineres , sed cadaver integrum colle opprimebant . tria vero exhibentur observanda . primum , tractum hunc qui jam cer●ris videatur thalamus , incultum tunc fuisse ; nam in arvis sepelire mortuos , gentium prohibuit superstitio ; ut apud ciceronem legas in fine libri . de legibus . secundum , paganorum & gentilium haec fuisse monumenta ; christiani enim more judaeorum in fossa occultabant mortuos , licet à saxonico berig , quod montem notat , nos hodie to bury dicimus , quasi monte tegere , ut latini etiam tumulare . tertium , scenam hic fuisse martis , clientumque ejus caemiterium , qui branoduni & pro portu patriae ad castra juxta creake & holkham contra danos militantes ▪ occubuere . in campis enim de creake haud procul à coenobio , amplum erigitur sepimentum militare , saxonici operis ; à quo decurrens via regia , blood-gate , id est , sanguinea via , nuncupatur ; cruenti illic proelii testimonium . habetur & his partibus ebuli herbae copia ; quam velut è danorum exortam sanguine , incolae dane-blood vocant . habentur & per loca in depresso littore arenarum tractus , marinos cohibentes fluctus , the meales à farinae pulverisve similitudine ( nam vox utrumque sonat à suevico & germanico mul pro pulvere ) appellati . quarto à mare lapide , depressius in valle sedet walsingham , illustri olim coenobio in honorem beatae mariae virginis celebrata . penetrale illic parentum religione augustissimum , ad effigiem capellae nazareth in terra sancta , ubi gabriel angelus deiparam virginem salutavit . conditum à richolde vidua nobili , villae domina , supra . annis ante excidium monasteriorum cum in visione tertio ad hoc excitata esset ab ipsa diva , exemplum ( ut ferunt ) aedificii demonstrante , & miraculo postea fabricam erigente . multos illic divinae potestatis radios effulfisse perhibent ; sanatas omnes morborum species , nec obticent mortuos suscitatos . hinc ab omni nostri orbis angulo celebris ad divam virginem walsinghamiensem ( parathalassam vocat erasmus ) peregrinatio . nec à vesana tantum plebecula , sed ad ipsis regni atque sacerdotii potestatibus . obtinuit fama celebris , me adhuc puero , regem angliae henricum viii . nudis pedibus à bashamia ad praesentiam virginis perrexisse ; conceptisque votis , monile peringentis precii obtulisse . forte ut leniret divam , quam exciso cum coenobio penetrali , extorrem brevi relegaturus erat . in ea quippe miram deprehendit bonitatis indolem , exigui memorem beneficii , & ingentium ( ut numen decet ) obliviosam injuriarum . moriens igitur huic legavit testamento animam , si legatam recte collocaverint executores ; qui in alio , quod sciam , nihilo implerunt ejus testamentum . beatissimae virginis imaginem chels●iae delatam flammis dedit monasteriorum excisor cromwellius , anno . ejusdem henrici . holl. p. . relicta walsinghamia , & villis in confinio croceos anhelantibus odores , bashamiae sub illo tempore aedes condidit istius tractus illustrissimus gulielmus fermer , eques potens ; e cujus jam familia ad calthorpos nuptiis transiturae sunt . adjacet fakenham , mercatorium , quod in sexto a mari lapide salinam olim praebuisse ( ut testatur liber angliae censualis ) mirum opinaberis . illic ad occidentem rayneham , cujus sub edw. iv. & hen. vii . dominus suit rogerus townesend eques primo regiarum causarum ( quem attornatum vocant ) procurator , postmodum civilium placitorum justitiarius . ejus abnepos , homonymus animae & fortunae dives facultatibus , avitas sedes non tam novis aedibus , quam nova aedificandi fabrica magnifice illustravit . nec procul wissingset ; quod herbertus bozun normannus sub gulielmo i. emeriti nomine suscipiens , longa nepotum serie , in hodiernum transfudit sobolem . et in proximis mileham , si non alio , cunis memorabile edwardi coke , summi nuper angliae justitiarii , legum officinae conditoris , & quod ruptis ilibus fateantur aemuli , jurisprudentiae nostrae coryphaeus . praedicabat miri quidpiam ejus genitura ; matrem ita subdito juxta focum intercipiens , ut in thalamum cui suberat non moveretur . locum ipsum ipse mihimet demonstravit . late hic ad hieri ramum borealem distendit alas nobile dominium elmham , quod usque patrum nostrorum memoriam secularem nunquam agnovit possessorem . gentilium enim aevo flaminis perhibetur habitatio , conversisque ad fidem a felice sigeberto rege & anglis orientalibus in episcopi transiit patrimonium , cujus sedes dunwici fuit . cum vero tres illic successissent a felice praesules ; graveque videretur tantam plebem unius credi moderamini ; divisa est parochia inter duos , relictaque alteri suffolcia cum dunwico civitate , alter sortitus est norfolciam cum elmhamia . sederunt hic deinceps ante an. dom. . viginti tres episcopi , a sede elmhamenses nuncupati . castellum praebuit in egesto colle , cui se recepisse dicitur episcopus norwicensis , cum excommunicationem , quam innocentius ix . in joannem regem promulgaverat , edixisset , regemque merito accendisset . a castello per cuniculum subterraneum in ecclesiam itur ad altare ; ubi sancti olim episcopi jejuniis & assiduis orationibus incumbentes , deum clam mortalibus invocabant . ecclesiam condidit sub gulielmo juniore herbertus de losinga , primus norwicensis episcopus ; vel collapsam potius à fundamentis credideris excitasse : sedem enim episcopalem tot annis ecclesià caruisse , nemo cogiter . traditur hoc dominium cum reliquo episcopatus patrimonio in permutationem , ut praefati sumus , henrico regi viii . a richardo nix , episcopo caeco , ut è laqueo quem inciderat semet liberaret . rex acceptum d. cromwello contulit funestum donum . securi enim hic adimitur , & effuso postea integro patrimonio , pronepos ejus d. coko ipsum venundavit , aerumnarum satis exin conscio . ad australem hieri ramum gressenhall assidet , nobilis olim fstotevillorum habitatio , & clientes multos in obsequium habens militare per foliotos ad tho. hastings , baronis de abergavenni fratrem , transiit . ejus ortus à nepotibus edwardus hastinge ( cum in hastiludio occisus esset an. dom. ..... laurentius hastings comes pembrochiae ) titulum baronis de hasting , & sine discerniculo insignia , coccineam scil . manicam in clypeo aureo , sibimet assumpsit . gravissimas ideo lites cum de grey ruthino barone legitimo è foemina haerede , tum in curiis civilibus tum in militari , per annos plurimos incredibili tuebatur pervicacia : nec victus demum & incarceratus succubuit , nec moriturus . desiit vero ejus familia in hugone hasting ; haereditate ad extraneos & brownos per filias transeunte . nec silentio praetereundae cley & blackney , portus non inhospitales , adversis euripi incumbentes faucibus : eo autem prior clarior , quod nautae ejus an. dom. . filium & haeredem regis scotorum , foederis causa ad galliae regem navigantem , interceperunt & henrico iv. regi angliae munus aptatis●imum exhibuerunt . jam in boream reclinantibus , ad initium buri fluminis habetur melton , constabulariorum aliquando sedes , & ex nuptiis ad astleios veniere ..... edidit qui in illustri sub henrico vi. duello ..... gallum in gallia coram gallis vicit , laborantemque famam suam emancipavit . burus tenui hinc procurrens filo , à dextra heydon linquit , aliquando mercatorium . et sall , ubi elegans ecclesia , à brusio ( qua ex insculptis insignibus conjectare licet ) villae domino & patrono , circa aetatem henrici vi. condita . cancella vero aeque elegans à quodam gulielmo wode , rectore ecclesiae & decretorum baccala●reo à fundamentis struitur an. dom. . a brusiis vero ad townsendos , &c. — tria hic vicina mercatoria ; repham , tribus splendidis in uno coemiterio ecclesiis splendidum ; sed una jam diruta : caston , ubi manus aenea ( rationem non teneo ) praefertur dominii senescallo : & qua burus ponte jungitur ▪ ailesham , quod ducatus lancastriae apud nos praetorium est . mirum hic in jure nostro ; manerium à manerio , & per virgam teneri ad voluntatem domini , & per copiam rotulorum curiae concedi ; manerium scilicet de sextons de manerio de ailesham . loquor in forensi dialecto : sed qui nescierit ipsa feoda militaria tenta olim fuisse & per virgam & ad voluntatem domini , legat si placeat quae de feodis in nostro archaeologo disseruimus . a laeva blickling , bolannorum aliquando sedes , è quibus orti sunt thomas bolen , comes wiltsh●riae , & anna bolen uxor regis henrici viii . optimae principis divae elizabethae mater , natalitium hic sortita . cadente in fatum jacobo bolen avunculo reginae elizabethae , blicklinga ex nuptiis ejus filiae & haeredis , ad joannem clere pervenit : cujus e filio nepos edwardus , ordinis s. michaelis eques , eam vendidit henrico hobart i quiti , summo plebei tribunalis justitiario ; qui aedes veteres insigni auctas impendio , familiae suae stationem posuit nobilissimam . ab austro , non praeteream wichingham , clarum olim wichinghamiorum familia ; è qua sub edw. iii. floruit clarissimus nominis illius jurisconsultus ; & bretonum , non minus insigne celeberrimo illo episcopo herefordensi , qui sub edw. i. pandectum juris nostri regii concinnavit ; quam facinore joannis breton sub henrico iii. vulgatissimo . godofredus de millers , eques genere & militia clarus , concubitum ambit filiae joannis breton . illa , patre consulto , noctem pangit , qua cubiculum virginis eques clanculum subrepit ; captus vero ex insidiis gravissime primum vulneratur , deinde flagris caesus acerbissime per distentos ad trabem pedes tollitur , mortemque ardentius imprecanti abscisis membris virilibus , mutilatus est . accidit & eodem tempore dapsili c●idam clerico simile infortunium ; sed commotus hisce rex praeconia per provincias edixit voce , ne quis praesumat , nisi pro conjuge , adulterum membris mutilare genitalibus . trans burum in conspectu blicklingae , pare velut distantia , habentur calthorp , dictum à frigore ; & erpingham ; viculae tenues & jam obscurae , sed felix utraque è celebris & antiquae familiae natalitiis . illa calthorpiorum , propaginem late distendentium ; haec epingamiorum fortiter dimicantium : è quibus unus fuit e xv. viris qui henricum ducem lancastriae ab exilio ad regni molimina redeuntem , comitatus est : & qui henrico v. in agencortensi proelio fortissime dimicaturus , rudem ejecit , ineundae pugnae tesseram auspicatissimam . hic à latere baningham , ubi rex henricus i. . marcatus terrae dedi● gerardo tasard tenendum de eo per serjantiam balastriae ( ut inquiunt schedae ) i. e. arcubalistae . reflector paululum in occasum ad berningham , à berninghamis per hethersetos ad pagravos ducta : e quibus johannes pagrave jurisconsultus aedificium recoluit & filio dimisit . et baconsthorp , ubi à johanne heidon jurisconsulto sub henrico vi. potenter excrescens heidonorum familia , jam in deliquium regressa est . adjacet gresham , nomen faciens ditissima exinde prosapiae ; quod thomas gresham , praetor londinensis , & regalis ( ut vocant ) excambii conditor , florere incoepit . hinc in boream mari vicinior habetur felbrig ; nomen & sedem praestans vetustae & effaetae familiae felbriggorum ; è qua d. simon de felbrig , eques inter nostrates celeberrimus connubio potitur margaretae , filiae ducis thasae , regis bohemiae nepotis , è qua alanam filiam & haeredem suscitavit , nuptam gulielmo tyndall , patri thomae tyndall , qui genuit gulielmum tyndall , ad creationem arthuri principis walliae balteo cinctum militari , & jure margaretae proaviae suae , haeredem regni bohemiae denuntiatum . sic heraldorum nostrorum fasti ; sic me puero fama celebris . jam ad litus reversus , cromer mercatorium neptuno contritum inimico praetereo ; gimminghamiam accedens , ducatus apud nos lancastriae sedem primariam . ingens illic aula columnis distincta , quarum ea olim ratio fuit , ut supra columnam suae conditioni designatam nemo ascenderet . retinetur & prisci moris consuetudo : a colonis manerii quos socmannos olim , hodie ten●ntes in soccagio vocamus , non tam censum pecuniarium quam opera rustica , & ad victum vestitumque pertinentia repetere . moris ut romanis insoliti , tacitus meminit cisalpinis omnibus in usu . nobis vero mutavit primus rex henricus ii. nec procul in crepidine promontorii bronholmensis , coenobiolum aliquando s. sepulchri , à g. glanvilla censu pauperi constitutum ; sed ex cruce quae illic colebatur , auctius indies & per quam celebre . liceat dicere de hàc , quid proditum . factam sine dubio ( ut asseritur ) de ipsa cruce in qua pependit dominus noster ; ad longitudinem pene humanae manus , cum duplici ligno per transversum . ferri solitam inter alias reliquias à patriarcha & episcopis ante baldewinum imperatorem constantinopolitanum ( flandriae prius comitem ) in aciem progressurum contra crucis inimicos ; neglectaque fortuito semel aliquando , caesum cum exercitu imperatorem . erat tunc constantinopoli , capellanus quidam anglicus divina inter alios celebrans in capella imperatoria , & reliquiarum agens custodiam ; qui cum omnia desperata videret & perturbata , reliquias & pretiosa multa clam surripiens , angliam venit ; & quaedam monacho s. albani vendidit , quae parisius fatetur , magna illic fuisse veneratione cum haec ipse scriberet , id est , an. dom. . crucem vero nullis cederet capellanus ; qui & ipsum & duos filios suos parvulos in ordinem non susciperent monachatus . repudiata conditione à divitibus multis monasteriis , ut fraudem suspicantibus ; ad bronholmiae devenit prioratum , aedificiis & inopia jam tum laborantem . pacta vero illic conditione prior & fratres suscipiunt crucem , & in honestissimo oratorii sui loco magna cum reverentia & laetitia collocant . subsequitur mox miraculorum ingens fama , & non solum ex tota anglia sed è longinquis regionibus huc concurritur . coenobitis interea luculentus quaestus . hujus meminit sub exitu quarti abhinc seculi galfridus chaucer in praepositi lasciva fabula : and with the falle out of her sleep she braide , help holy cross of bromholme she said . hic in littore una sedent paston & pastoni , villa tenuis , gens ditissima . legendo à pastona littus occurrit waxham , sedes woodhousiorum familiae , ortu & insignibus ab illa kimberleae discrepantis ; sed clarae pariter . hic gulielmus woodhouse eques , jacobo regi nuper in facetiis , & familiae corruentis suscitator , primum apud nos instituit decipulum anatarium , peregrino nomine a ●oye , i. e. cors , seu cavea nuncupatum . stagnum siquidem valde latum est , sed parte una arundinibus septa , in angustiam porrectum . in hac angustia , nutriuntur indies anates aliquot proditionis causa mansuefactae , quae totam regionem circumvolantes , sui generis volatilia redeuntes ducunt catervatim in stagni latitudinem . apparente jam tum caute in extremitate latitudinis stagni cane subdolo ad hoc edocto , secedunt volatilia remotius angustiam versus , prementeque adhuc cane , sed à longe , & in aquam alias semet immergendo alias furtim efferendo , capescunt tandem ipsam angustiam . palam nunc exultat canis ; eoque viso , sidunt aves proditoriae , & dum in alas se conjiciunt advenae , retibus obruuntur anatarii . praedantur anno uno in hujusmodi decipulo , tot quot vaeniant aves mille coronatis gallicis , & ( ut audivimus ) multo supra ; in vicinorum grave admodum praejudicium , qui hoc modo & aucupii coërcentur voluptate & mensarum pristino supplemento . germanis igitur superioribus capitale perhibetur , hoc erigere . ad meridiem walsham , & worsted . buri in margine , cowshil est , cui inter privilegia indulsit henricus iii. ut servus qui hic per annum manserit , exiret liber . in adversa ripa frekenham-hill , ubi turnus vice-comitis toti annuatim indicitur comitatui . vicinum crostwick obtinet . crassorum sedes , vulgo le grosse , equestris sub henrico iii. familiae . nec longe sprowston , aedificiis à joanne corbet jurisconsulto ( norwicensibus oriundo ) adornatum , praediisque auctum à milone equite aurato , filio ejus : jam cum milonis pronepote in tutela regis est . redeo ad burum , qui depressas saepe planicies superfluens , nobiles multas edidit piscaturas , & percarum genus celeberrimum . memorabile est quod ab accolis accepi : ranworthae aliquando . modios piscium , duobus circumclusorum retibus , depraedari . e regione sedet ludham , ubi aedes non episcopales , sed episcopi norwicensis in rure unicae . officinam fuisse dicuntur agriculturae abbatis s. benedicti de hulmo , vulgo grangiam . subest in palude tremula ruderum ejusdem abbatiae moles ingens , quae ex insculptis insignibus sculpturam prodit recentiorem . fundavit tamen eam rex canutus in honorem s. benedicti , cujus ut apud anglos ordo vetustissimus , ita & regula gratissima & frequentissima . tanta eam admiratione amplexus est fortissimus monachatus propugnator rex eadgarus , ut cum monasterio s. aethelredae eliensis , quod instaurabat wintoniae episcopus ethelwoldus , . hydas terrae apud hatfeld elargitus esset ; nobile manerium de sudburne addidit in coronidem , sub conditione quod ethelwoldus regulam s. benedicti de latino in anglicum transmutaret . festinans jam burus ad hueri confluvium , acleam à dextris praeterlabitur , quam ead●othus filius goderici abbatiae s. benedicti ramesiensis dedit . a sinistris flegg peninsula frumento dives & ubertate soli , primam excepisse videtur danorum coloniam ; tum quod portui cui appulerunt , sit vicinior , natur●●que munita beneficio ; tum quod exiguo suo ambitu . villas comprehendit in by desinentes , voce danica & villam seu habitationem significante . hinc nos hodie a b●-law dicimus , quod villa quaepiam sibi constituerit ; seriptorib●● dani●●s bi-laginem , a by pro villa , & lage , quo nos ( ut solemus ▪ g in ● mutamus , pro lege . yarmouth nee verum garianonum , nec à vero alienum est . sedes enim utrique ad ost●um fluvii garienis , qui & utrique nomen indidit . huic vero à canali vetere , illi a recentiore . ambo autem in illo littoris spatio , quo an. dom. . cerdicus saxo cum cinrico filio ejus & . navibus portum ingrediens , britannos profligavit obvios , portuique nomen , cerdicis oram , ut aethelwerdus refert , dereliquit . sub quarto inde lustro , stuff & wuthger pariter saevientes , hanc diripiunt regionis partem . ambo autem in illo littoris spatio , quo sub comite littoris saxonici praesidium agebant stablesiani equites ; qui proprie suberant magistro equitum in occidente duces limitanei ( panc. p. . b. ) sed ut alii magistrorum milites , alus ducibus & comitibus limitaneis merebantur : sic hi sub nostro . erant vero sub hujus nomine vexillationes aliae plures , ut stablesiani primi , secundi , tertii , africani , italicani , &c. sed an ab aliquo eorum nostri deferendi sint , an per se britannicani appellandi , aliis linquo . dicti omnes à loco unde orti sunt : & forte legendum putat pancirollus p. . a. stabaliani ; qui fuere galliae populi . stablesianorum symbolum nescio an omnium , vel corum tantum , qui in occidente sub magistro equitum militabantur , sic in notitia impp. describitur , & à pancirollo qui in mss. depictum vidit , enarratur , fol. . e veteris garianoni exequiis succrevit novum , & ut maritum uxor fluvium sequitur exulantem . longo tamen ut videtur intervallo . in appulsu enim saxonum nulla hujus vel alterius mentio : sed in ipsa ora velut nuda & anonyma cerdericus conscendisse fertur ; nomenque inde , ut aethelwerdus meminit , cerdericshore imposuisse . ut venetiae in arenis maris adriatici sedem sibi è ruinis aquilegii eluctatae sunt ; sic nova haec jermutha nostra è deliquio vetustioris originem sumpsit & incrementum . sita est enim in lacinia terrae , quae olim arenarum moles suit ; ab oriente , salso mari ; ab occidente , fluvio salso ( vel ut isthmus ) latitudine interclusa ; longitudine , . passus non excedens . quod miraberis tamen , aquis abique dulcibus exuperans . mare exhibet xerxianae classi satis fidam stationem , fluvius portum tutum proebet , qui . naves aequore suscipiat languescenti . ora igitur cerdici olim , & saxonibus excip●endis commodissime exposita . arenam obruisse fluvius dicitur usque ad canuti regis tempora , annum circiter . cedente vero tunc mari , & arenis indies latius atque firmius semet efferentibus ; conveniunt illic sub edouardo confessore & ingressu normannorum , non tantum norwicenses & vicini plurimi de norfolcia suffolciaque ; sed portuenses ipsi qui hoe aevo soli habebantur angliae piscatores , galli , belgae , aliique peregrini artem exercentes piscatoriam . halecum enim nobilissima hic europae piscatura & septembris exitu ( quem cum danis igitur fish-month appellemus ) per totos plerumque . dies , quod immunium illic hodie nundinarum spatium est ; primumque papiliones & tuguria contra jovem inimicum , sed ex licentia regum , honestiora statim domicilia & ad fastum protinus exaedisicant . tempore gulielmi rufi , gulielmus herbert norwicensis episcopus , ( de losinga , id est , mendax cognominatus ) capellam in hac arena condidit pro salute animarum illic appellentium : & post paucos annos , non longe à capella , ecclesiam perillustrem s. nicolao dicatam , piscatorum vero ditata● oblationibus & dotatam . hinc statio illa , roda , ( i. e. statio ) s. nicolai appellatur . novae jam villae rex henricus i. anno regnis sui . magistratum imponit , regia functum authoritate , quem ( de more normannorum ) le provost , i. e. praepositum appellabant . et cum hoc sub regimine , centenos floruisset annos , joannes rex . mar. regni sui . villam in burgum , homines in burgenses constituit , de jermuth nuncupandos : & burgum ipsum burgensibus dunisit ad firmam ( ut loquuntur ) feodi in perpetuum . ex concessione henrici iii. se muro claudunt & fossato , . jugera continentibus , a. d. . & in an. . gubernatur burgus per balivos suos . edouardus i. & ii. aquam illic nomine honestarunt portus jermuth , tronumque & sigillum dictum coquet pro oneratione & exoneratione navium instituerunt . edouardus iii. ( qui hinc maris cognoscatur dominus ) burgo locum in alto mari distantem . leucas , vocatumque kirkeley roade univit in perpetuum ; opibusque & potentia sic tunc jermutha floruit , ut an. dom. . dicti regni . ad caleti obsidionem . emisit naves & . nautas ; quod à nullo portu angliae factum est si fowensem excipias , qui licet quatuor naves plures exhibuit , nautas tamen . pauciores ; londinum ipsi . tantum naves & . [ nautas ] exhibente . frequentia populi ex hoc dignoscitur , quod paulo ante in uno anno . . peste rapiuntur ; cum sub initio jacobi regis . tantum illic aestimarentur . possidet quod sciam nullas hodie hoc ( ut alia ) municipium possessiones ; sed instar filiorum aeoli atque thetidis ( ut in inquisitione . henr. iii. compertum est ) maria & . ventos . repetit quod deseruit mare ; & cum aliquando isthmus , quo situm est oppidum , ad sextum protenderetur lapidem , hodie in secundo terminatur ; & ne vicinius proruat ingenti cohibetur ..... quae singulis annis , l. [ f. resarcitur . ] retia illic piscatoria londinum à jermutha , i. e. . mill . porriguntur ; quod cum in parliamento . elizabethae palam audissem affirmatum , & ut certiar fierem , sciolum convenissem ; respondit , compertum fuisse , suffectura ea ad totum spatium inter jermutham & belgiam occupandum , dum ab una navi ad alteram ( piscatorum more ) jungerentur . mirabiles quidem in nostris auribus ; sed aestimata alias legimus ad . libras anglicanas . veterem garrianoni sedem oblivioni tradidit alveum destituens fluvius , sedisque & fluvii incerta vestigia . videntur eam duo vendicare ; burgh-castle in agro suffolciano , quod meridionali fluvii lateri hodie incumbit ; & à boreali . distans mille passus castor villula . romanam ostendunt ambo speciem ; illud quadrilateram oblongam castrametationem muro coronatam , sed remotiorem à mari & loco paludibus & angustiis ita impedito , ut equestribus male conveniat turmis ; haec in ipso litore , muri etiam & muniminis rudera prodens , campestri loco equitumque discursioni litoris praesidio quod huic comiti , huic equitatui demandatum fuit , commodissimo . interiora enim & mediterranea comes alius tuebatur , peditumque magis cohortibus quam turmis equitum . garianonum igitur castorem pono , camdeno licet burgh arrisit . conducit in sententiam nostram , castor , nomen à romanis sumptum , praesertim cum in tota anglia , nihil ( quod sciam ) hujus nominis reperietur non romanum . convenit & ipse locus , arenarum oppilationi & diversioni fluminis oportunior , ornithiis & euro-aquilone imperantibus . orientem solem ulterius non videt norfolcia : remeandum igitur ad occidentem . e yermutha exeuntes statim recipit burgh-castle , ad hieri marginem , sed in suffolcia collocatum , quo nos igitur non commorabimur . situm tamen dabimus & effigiem , ut romanam fuisse intelligas : sed an stablesianorum equitum statio , cum fluminibus & palustri impediretur solo , licet in acclivi castrum , non est verisimile . si autem cnoberi urbs fuit , & monasterium ( de quo beda l. . c. . ) à judaeis postea habitatum tradunt incolae , & fidem auget , ejus ducens ad introitum via antiqua , judaeorum hodie appellata . tenebat aliquando hoc castrum radulfus filius rogeri de burgo per serjantiam ; quam cum dimisisset gilberto de weseham , & ille regi henrico iii. eandem dedidisset , rex . aprilis , regni sui . coenobio s. andreae de bromholme , cum omnibus adjacentiis conferebat . ad hieri cum wavenio coitum , tertio à yermutha miliari , è paludibus vix se erigit reedham villula , barneorum sedes , ab arundineo situ nuncupata , sed miraculoso lothbroci nobilis dani appulsu aeque celebris , at infelix . lugubrem suscitabo narrationem . lothbrocus hic à stirpe regia , cum duos genuisset filios , hinguarem atque hubbam , & solus aliquando in navicula , aves per vicinas daniae insulas , cum accipitre depraedaretur , correptus est subita tempestate per maris latitudinem , & in hieri ostium usque reedham deportatur . peregrinum incolae ( ut invenerant ) solum cum accipitre eadmundo regi east-auglorum , cujus ad decimum inde lapidem erat castor regia , detulerunt . formam & fortunam viri rex miratur , vultuque & moribus adeo serenis excipit , ut lothbrocus subito patriae desiderio non teneretur . capitur & aulicorum studiis , praesertim venatorio ; quo ut fiat peritior , berno se adjungit venatori regio , magistrumque sic brevi superat ; ut invidia percitus , hunc ille inter nemora seductum clam peremerit . desiderato lothbroco , canis quem alerat leporarius interfecti corpus vigil tuebatur , sed coactus fame alias atque alias aulam petit : observatusque à ministris regis , subsequentes ducit ad interfecti corpus . bernus sceleris reus agitur , & judicio curiae , regis lothbroci imponitur naviculae , solus & sine omni instrumento nautico ; fluctibusque & ventis creditus , daniam fato advectus est . cognita illic navicula , tormentis arguitur de lothbroci nece ; & se ut liberet , interfectum mentitur ab eadmundo rege east-anglorum . saevissimam jurant hingar & hubba ultionem , collectoque . armatorum exercitu , ductore berno , totam east-angliam ex improviso diripiunt . eadmundum regem brevi capiunt , flagris caedunt , confossumque deinde sagittis , & gladio detruncatum , inter divos referendum excarnificant . sic cum rege animam efflavit regnum east-anglorum , an. gratiae , . die . . calend. decembris , quae eadmundo hactenus celebratur in calendario . ex his videtur reedham villam hanc parvam , magna yarmutha antiquiorem esse . nam si habitatoribus frueretur yermutha , cum lothbrocus huc appulsus est , opem proculdubio clamore implorasset , attritusque fame & itinere , ulterius non perrexisset in fluvio . decurrit hinc fluviolus ad romanam alteram munitionem , sed an ventam illam icenorum , qua nihil olim apud nos illustrius , ego subito non definiam . mirum enim videatur & inconsultum , magni celebrisque populi metropolim ad ignobilem collocari fluvium , cum in viciniis ipsis haberetur aliud nobilissimum . hinc inter waveney & hierum nihil quod sciam memorabile , donec sub . pene lapide ad hales venieris ; ubi jacobus hobart , henrici vii . attornatus pluribus familiis initium dedit . pari distantia waveneium occupat mercatorium haileston . inde in septentrionem rediens , per shelton , quod antiquos suae appellationis dominos nuper exuit , ad tasburg itur . in wenti & hieri commissura , & wento magis quam hiero norwich assidet . a north dictum quod boreale , & wic quod castellum , vicum , portum , sinum seu anfractum fluvialem , saxonibus nostris significabat . convenit igitur , quamcunque elegeris significationem ; sed non aeque omnis . si de sinu dixeris , urbs non in sinu fluvii sed in dorso ponitur , nec ad partem quidem borealem sed occiduam magis , unde & west-wich potius quam norwich diceretur . saxo ipse alfricus nostras , wic exponit de castello , & huc nihil accommodatius . effecit enim ipsa ratio , ut castellum boreale diceretur ; cum ad tertium inde milliare versus ipsum austrum , aliud haberetur castrum regium , quod , extinctum hodie , caster tamen appellatur . s● a castro igitur nomen urbis , castrum nomine proculdubio est antiquius ; & forte ipsa urbe , quod in ejus habeatur meditullio . sic roma capitolium . licet enim fossam propter formam orbicularem & immanem amplitudinem , danorum censeam vel normannorum opus , arcem utique normannorum ; castrum tamen ab antiquiori seculo illic exstitisse , & nomen suggerit , & charta quaedam henrici i. qua enixius ab harvaeo , primo eliensi episcopo [ rogatus , ] ecclesiam illam liberam facit de jugo servitutis , & custodia , quam castello norwici debebat . imponi non poterat ista servitus , dum ab episcopis , monachis aut monialibus possiderentur terrae ecclesiae , si prius non fuisset debita ; ideoque debitam fuisse dum in secularium exstiterunt manibus ( i. e. tomberti australium gerviorum principis , qui aethelredae uxori suae , primae eliensis monasterii fundatrici , circiter an. dom. . eas dedit ) necesse est . in ecclesiasticorum enim dum erant possessione , magis ( inquiunt ll. edw. confess . ) in ecclesiae confidebant orationibus , quam in armorum defensionibus . ca. . amplum etiam fuisse norwici castrum ante normannorum ingressum , ex eo liquet , quod in domesdei legitur ibidem lxxxi . mansurae vacuae in occupatione castelli . nobile etiam tune fuisse videtur hoc norwici castrum , & velut totius icenorum provinciae metropolis , cui insignis ille geruiorum princeps , & tam insignis insulae illius pars ( si non tota ) deservirent . primo etiam ad east-anglorum reges , postea praesides , quos alias aldermannos , alias duces , alias comites appellabant , pertinuisse . in instauratione igitur monasterii , aetheldreda fratris sui adulphi regis east-anglorum opem implorat : & in translatione monachorum inde betrichswordiam , sub canuto rege , an. dom. . idem facit leofinus abbas à turchillo comite . quonam olim frueretur nomine , non me torqueo . proculdubio vel saxonico norƿic ; vel ( quod camdenus cedit ) britannico caer guntum ; vel ( ut lhuydus habet ) caer guynt . in historiis ( fateor ) raro occurrit vox alterutra : rarius quippe ipsae historiae . caer guntum vero quasi wentopolis , i. e. civitas ad guntum fluvium ( quem saxones more suo g. in w. mutantes , wentum pro wuntum dicunt , romani ventam . ) diceretur aeque & hieropolis , ab hiero fluvio . sed quaeritur an haec venta illa icenorum apud veteres & antoninum ? negaveris forte & affirmaveris in aequilibrio . a norwico per adversum flumen ad cossey remigatur ; ubi junior sed clara jerneghamiorum familia sedem obtinet luculentam ; primogenita illa quae ad somerle-town in lothingland suffolciae non pridem flourit , jam extincta . prope hic ad austrum , wenti sinum alium videas norwicensi similam : cujus cum in dorso pendeat , ut norwicus , villula , non à sinu nomen habet , sed à dorso , bouthorpe , quasi à bout , i. ambitu , & thorpe , villula . ab hoc sinu per intwood quod greshamos excussit nuper , ad kettringham contenditur , heveninghamorum sedem , numerosum equitum seriem proferentium . late hic in centuria ( quae à . montibus , ubi convocari solet , nuncupatur forehow ) distendit alas wimundham , vulgo windham . albeneiorum , comitumque arundeliae , eorumque haeredum , subinde ab ingressu normannorum opulenta possessio , donec à knevettis ad henricum hobart , capitalem justitiarium civilium placitorum , venditione devenit . coenobio claruit nigrorum monachorum , à gulielmo de albeneio pincerna regis henrici i. condito , sanctoque albano primitus ascripto : coenobium vero , crebris albeneiorum , comitumque aliquot arundeliae sepulturis ; ubi de fundatore hoc epitaphium hunc pincerna locum fundavit , & hic jacet ; illa quae dedit huic domui , jam sine fine tenet . huic radios hengham porrigit ; ubi rex aethelstanus . hydas , i. e. carucatas terrae aethelwoldo dedit , episcopo wintoniensi , qui easdem cum eadgaro rege mox post annum . commutavit pro . hydis & dimidio in insula ely & adjacentibus ; cum jurisdictione & immunitate . centuriarum & dimidiae , quae hodie s. aethelred s liberty appellatur . mercatorium est , & suos habuit barones ; sed clarius nomen à radulpho de hengham . a dextris kimberley egregiis adornatur woodhousorum aedibus , a johanne woodhouse equite nascentium . a sinistris dum in meridiem tend●●us , merito nos moratur attilburgh ; ut sopitam ejus dignitatem suscitemus . atque id in primis moneo : nusquam occurrit appellatio burgi , nihil innuens antiqui inuniminis ; puta urbem , castrum , turrim , vallum , sepimentum●e militare : majori autem , qua apud nos frequenter deprehenditur , castrum ; vrbem , civitatem . recte igitur littletonus , quae hodie ( inquit ) civitates , olim dicebantur burgi . nec pro civitate , alia pro veteres nostros saxonas seu recentes germanos appellatio . perhibetur celebri fama attilburgum non solum fuisse civitatem , sed & aliquando regiam & provinciae metropolim . famae non deest antiquae paginae testimonium ▪ si joanni de bramis ( waldei historiae ante . annos authori ) stet , ( quod penitus non faciam . ) refert joh. bramis , atlynge quendam , norfolciae regem ( qui sub ..... christi seculo floruit ) in defensionem suam eam condidisse adversus rond , thetfordiae regem , muro etiam cinxisse atque fossa , & quatuor portis , quatuor turres addidisse . ductum insuper a conditore nomen . de auctoris fide non digladiabor . monachus fuit thetfordiensis , & historiam transtulisse refert , tum ex exemplari gallico , tum & anglico , verbis laborante utroque interdum exoletis : sed & gallicum , pro genio seculi & illius populi multa invexisse . in confiniis attilburgi , villulam optimam ( sic besthorp sonat ) proavorum sedem habitat eques primarius — et jam in tractum pervenitur , sylvis divitem atque pascuis , quo primas obtinet boccinum , oppidum vetus , ad i●idem fluvium ( ut lelandus ponit ) situm ; & nunc buckenham , non à fagis ( ut camdeno visum ) quae in tota hac provincia nusquam ( quod sciam ) reperiuntur , sed a cervorum copia ( quibus ut circumfusa n●mora olim abundarent , ita neque hodie destituta sunt ) nomen habet . nam hos item dani atque saxones bucken vocant . pinguior autem ista comitatus portio , cum villis plurimis adjacentibus , & officio pincernae regii , gulielmo albeneio à conquestore data perhibetur , castrumque ille buckenhamiae condidisse ; cum tamen in excisenda patria nostra inter normannos nulla ejus mentio fiat in libro censuali , qui domesdei nuncupatur . quandocunque autem facta fuerit haec donatio ; certum est & fieri aliquando , crevisseque ejus posteros in comites arundeliae ; sed deficiente sub henrico iii. haerede masculo , insignis haec haereditas inter foeminas dispartita est : cessitque jam castellum de buckenham cum nobilissimo mancrio wimondham inter alia multa per tatsallos , calios , cliftonos , ad knevettorum prosapiam , e qua hodie philippus knivet baronetti gaudet novo titulo ; sed patrimonium vetus adeo labefactavit , ut vix buckenham cum castello r●maneant integre . inter villas plurimas quas keninghal hic trahit in suam ditionem , subest ad austrum garbusham , alias garbelsham , & garbolisham , quod wilfricus abbas sextus eliensis , antequam ecclesia illa in episcopatum eveheretur , gudmundo fratri suo inter alia cessit , ad vitae spacium . sed direpta interea à normannis anglia , hugo de munford miles normannicus , haec & caetera cum à gudmundo tum a monasterio in perpetuum abrasit . cito vero transiit garbulsham ▪ ut videtur ) ad dominos villae keninghal , cujus in vestibulo jacet . amplum enim hoc , & sedes olim potentissimorum baronum . hic limen norfolciae tuetur lopham è cujus latere velut ab eodem alvo enascentes discordes fratres , isis minor & waveney , fluvii , contrariis alveis hic per dille in oriente garienum petit , ille per thetforde in occidente lennum regis ; suo ambitu totum norfolciae australe hemisphaerium complectentes . thetfordiam ( antique tedford ) dici à supposititio fluminis nomine thet vel sit , vix assentior . saxonibus liquido sonat vadum populi , ðeod enim populus , ƿord vadum . fuisse tamen antonini sitomagum non inficior ; male licet de intervallo convenit à venta icenorum ; vetustamque admodum , ut caetera omnia in magus ( quod urbem sonat ) desinentia . in antiquae tabulae fragmentis simomagus , alias sinomagus ; quod utrumque mihi icenorum urbem velut primariam olim , & metropolin tractus istius fuisse suggerit . prior enim vox simomagus ptolemaeo quadrat , qui icenos vocat simenos : & vox posterior sinomagus dicit qu. icenomagus . nec caesari dissonat , qui icenos ( juxta camdeni lectionem ) cenos vocat , ut alii hispanos , spanos . in historiis autem non omnino sonuit sitomagus nomen ; nec ante saxones recentiores tedford ipsum ; nec jo. brami monacho adhibueris aurem de rondo quodam strenuo istius urbis rege , vicinisque infestissimo , memoranti . floruisse eum refert vortigerni seculo , torpentibus & cedentibus jam romanis , grassantibus pictis & scotis , enervatis britannis , saxonibusque cumulatim irruentibus . sic ut de britannia jam dicamus , ut de israel olim , nullus jam rex in israel . occupanti enim omnia jam ceduntur , & ubique tot toparchae , ( quos scriptores veteres appellabant reges ) quot tyranni , munita possidentes oppida vel territoria . praedones siquidem non reges ; de quibus recte porphyrius impius apud ninnium ; britannia fertilis provincia tyrannorum . brit. pa. . fertur & ex historia anonyma fuisse olim scholasticorum studium thetfordiae ( caius , p. . & fidem astruit ipse beda , lib. . c. . de sigeberto ita loquens : patriam reversus , ubi regno potitus est , mox ea quae in galliis bene disposita videt , imitari cupiens , instituit scholam , in qua pueri literis erudirentur . nollem fraudi esse cantabrigiae , quae locum hunc ad suam trahit academiam ; priorem tamen agnoscit ipse caius — egregia olim schola è plebeis ; cum per aliquot secula ex edicto gregoriano prohiberentur angli gymnasia celebrare propter arianam & pelagianam haeresim , aliosque quosdam britannorum errores . v. caium . veteres urbis aerumnas hodie praedicant fossae vicinae militares , egestumque plurimo cespite propugnaculum ; danorum potius quam saxonum opus : proculdubio non romanorum , qui nec tanta elatione nec tam exiguo ambitu castra metabantur . hanc , è northymbria regressi ( anno circiter . ) hungar & hubba , danorum occupant conductores truculentissimi . quibus dum congreditur orientalis nostrae angliae rex piissimus eadmundus , in fugam est coactus , obsessusque in castello de foamingham , demum capitur , sagittisque , arbori alligatus , transfixus , & truncatus capite : decerptumque deinceps regnum ejus ad occidentales saxones est delatum . ( vid. holl. & hunt. ) sub ingressu normannorum , arfastus , capellanus gulielmi i. & jam tractus hujus pontifex , episcopalem sedem ab helmhamia transtulit thetfordiam quod ab antiquo municipium esset episcopatus sui , & jam cautum esset concilio , ut episcopi sedes suas non in villis , sed in urbibus collocarent . secundus vero successor ejus , herbertus de losinga , norwicum detulit . apud episcopos tamen norwicenses annos totos . mansit thetfordiae dominium . cum vero sub henrico viii . ricardus nixus episcopus incidit in crimen diminutae regiae potestatis ( quod praemunire vocant ) bonisque omnibus & perpetuo carcere mulctandus esset ; gratiam ut redintigraret , universa episcopatus praedia ( viz. . vel supra , eximia maneria ) in regis patrimonium transcripsit : acceptis ( glauci & diomedis permutatione ) abbatia s. benedicti de hulmo cum suis , aliisque nonnullis praediis . quae ut certius , annecterentur episcopatui , decreto parlamentario anni . henr. viii . sancitum est , ut episcopus norwicensis semper abbas s. benedicti de hulmo habeatur , & e contra abbas s. benedicti de hulmo semper utique episcopus norwicensis : sic unus hodie nobis abbas . sed quoniam mentionem fecimus tantae cladis nobilissimi istius episcopatus , casum referam , quo regi tam obnoxius fit episcopus . anno . henrici viii . regiarum causarum procurator billam quam vocant de praemunire exhibuit in banco regis versus episcopum norwicensem ( nomine richardum nix ) tune in custodia marescalli existentem . billa quae di●itur indictamenti , suit hujusmodi . quod in villa thetfordiae in comitatu norfolciae , ultra hominum memoriam , consuetudo extiterat ; ut causa omnes ●●●l●siasticae in eadem emergentes villa , coram decano villae ejusdem , qui ibidem peculiar●m habuit jurisdictionem , terminarentur : & quod nullus extra dictam villam in placitum traheretur in aliquam aliam curiam christianam pro causis ecclesiasti●is , nisi coram eodem decano : & si aliquis contra dictam consuetudinem tractus esset in placitum coram aliquo alio judice ecclesiastico , & hoc praesentatum for●t coram majori ejusdem villae , delinquens ille forisfaceret vi. sol . vii . den . et quod quidam n. sectam prosequebatur in consistorio dicti i piscopi , pro re exorta infra dictam villam thetfordiae , & praesentatum hoc fuit coram majore , & quod ipse pro delicto isto forisfaceret vi. sol . viii . den . ob hoc episcopus majorem citat generaliter pro salute animae ad comparendum coram semetipso in aedibus suis hoxomi● , in comitatu suffolciae : & apparente eo , tanquam per libellum , questus ●st ore-tenus de praedi●ta materia , injunxitque eidem sub poena excommunicationis , ut quod praesentatum fuit , adnihilaret . episcopus petit at consilium ●ruditum ( sic advocatos vocant ) sibi assignaretur : & hi assecunt ●●m id quod praesentatum fuit , tum & ipsam consuetudinem vacnam 〈◊〉 propterea non posse dici contra coronam & dignitatem regiam ; nec 〈◊〉 tractum esse ad episcopum ad aliud examen : quod in nulla curia exa●●ari deberet . ● . curia episcopi non intelligitur fore inf●a stat. . ric. ii. sed in curia romana aut alibi , debet intelligi , extra regnum . sed resolutum fuit per fitz james capitalem justitiarium & totam curiam ; quod , sitne consuetudo , sive id quod praesentatum est legitimum vel non ; res , temporalis est & à lege communi determinabilis , non in curia spirituali : & episcopum igitur incidisse in crimen de praemunire . ● . quod verbum alibi , extendit tum ad curias episcopi , tum & alias curias ●cclesiasticas infra regnum , & saepius ita judicatum esse per curiam . tune episcopus indictamentum confessus est , & super hoc , port secundus justi●iar●●s judicium versus eum protulit : quod esset extra protectionem regis , & quod bona & catalla ejus regi essent forisfacta , corpusque ejus car●●ri mancipandum ●squ●quo placu●rit regi . de episcopatu plura aliquot . eum instituit s. felix burgundus , adductus a sigeberto , east-anglorum regum primo christiano ; ut populo suo apostolus sor●t . sedem posuit dunmoci in suffolcia . sed post tertium succ●ssor●m divisus est episcopatus in duas di●●ces●s : alt●ra cum . episcopis dunwi●i permanente , altera cum . elmhamiae in norfolcia collocata . direpta jam a danis tota regione , diu vacua ●●●sit utraque dioecesis ; sed coal●sc●nt● sub edwino rege , anno scilic●t . sede elmhamiae fruuntur . alii episcopi . hic arfastus vero dec●●us tertius , thetfordiam transtulit sub guli●lmo i. & qui post alterum successit ei herbert●s de losinga , norwicum usque ; ubi praediis ( ut di●imus ) antiquis viduata ; hodie novis fruitur . tenu●runt autem episcopi veteres baroniam suam , . melitum s●odis ; quibus jam regi devolutis , quaero quonam fulcimine baronia nititur , & quonam titulo parliamentaria ingreditur episcopus comitia ? inter caetera nobilitatis monumenta ; celebris olim fuit haec urbecula solio regum east-anglorum , episcopali cathedra , & octo praeterea monaster●s , quod ne● in primaria ulla reperitur civitate , nec in tantillo ambitu , n● ipsomet londmo ; adeo ut vel nostram dixeris 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vel ex merito mona●●opolin . in responsion● vero quam dedit norfolciae vice-com●s brevi regis edouardi i. anno regni ejus . emanenti , quo se fieri certior●m rex p●aecepit , quot civitates , burgi , & villae essent in hoc comitatu ▪ unica ●an●um memoratur civitas , norwicus scilicet ; & duo pariter burgi , h. e. jaremutha magna & villa lenn-episcopi : nulla de thetfordia mentione , quantacunque celebri vetustate . proculdubio quod jam burgi tantum essent habiti , qui procuratores in regni emitterent comitia seu parliamenta : & thetfordiensibus non indulta est haec gratia ante annum — quatenus è schedis liqueat parliamentariis . inter coenobitas qui hic floruere , joannes bramis waldei historiam è veteribus anglico & gallico exemplaribus latine concinnavit , quod in ms. codice collegii corporis christi cantabrigiae sic exponitur , de thetford monachis bramis edidit ista joannes . nec taceam nobile illud monumentum nostrum , quod à senorum dierum creatione , hexameron ( cum illo s. ambrosii ) inscribitur , à monacho etiam thetfordiensi , . hinc annis ( ut scriptura suadeat ) conditum perhiberi . carmine , fateor , satis impolito , & pro genio seculi , leonino ; egregia vero solertiâ & amplo volumine , rerumque cognitione multiplicium ( ne bartassus primus dicatur hunc induisse cothurnum ) refertissimum . addam prologi ejus exordium ; ut nostrum sciat manuscriptum , qui in similem codicem in ciderit : omnia disponens , nusquam metam sibi ponens virtus divina , stabilis manet absque ruina . sacrum pneuma quidem , genitor genitus , deus id●m fons , vitae munus , numero sine , trinus & unus , &c. a thetfordia in boream redeunti velut ad septimum lapidem , breclis occurrit , exoletae breclesiorum familiae sedes , quam sub anglo-normannorum seculo , willielmus de warenna , comes sussexiae & surriae , thomae dedit filio godfridi , filio alberti francigenae , cum pluribus aliis burnhamiae , grimstoniae , &c. praediis , quae per faemineam haeredem ad cumptonos aliosque transiêre . tulit nobilis olim haec familia in feodali clypeo dominorum suorum comitum de warenna symbolum , cianeo colore in distinctionem in nigrum verso : hoc est , aream tessellatam ( cheque vocant ) ex auro & nigro ; ut de calthorpis utique supra memoravimus . haud procul ellingham : & hic à latere woodrising , southwellorum amplissimae samiliae ( è qua ricardus reginae mariae è consiliis claruit ) speciosa pariter & spatiosa habitatio . huic se adjungit carbrooke , ubi militum s. joannis hierosolymitani prioratus fuit , plurimis per hanc provinciam ditatus praediis & clientibus feodalibus . qui cum amplissimis illius ordinis gauderent privilegiis , crucis symbolum domibus suis vicatim apponebant , ut sic ab aliis eorum innotesceret immunitas . hoc autem cum multi alii olim factitarent , ut sub iisdem delitescerent immunitatibus , statutum an. . edw. i. westm . . ca. . ut praedia illa quibus falso appingerentur ejusmodi cruces , in domini feodalis transirent patrimonium . hinc per watton mercatorium , ad merton itur ; quod à lacu nomen habet ; decus autem à splendidis aedibus , quas illic nuper exstruxit gulielmus grey , probitate & prosapia eques splendidus . habentur in hoc tractu northwold , methwold , & hocwold , i. e. — aquilonaris , medius , & angularis , quod in sinu isidis velut angulo concluditur . northwold vero . aestimatum hydis , in illa permutatione de qua supra diximus , cessit rex eadgarus episcopo wintoniensi , qui hoc statim contulit eliensi monasterio . methwold ad ducatum lancastriae pertinens , cuniculos alit laudatissimos , cui ex constitutione leoffini abbatis tempore canuti regis , obsonium reddebat annuatim duorum mensium : ut vicinum feltwell , munfordorum antiquae & equestris familiae habitatio , quae an ab hugone de monte forti , qui cum gulielmo i. angliam est ingressus , plurimaque praedia tractu hoc invaserat , dicant qui rimantur stemmata : confundi enim saepius animadverto nomina : & in charta libertatum angliae ab henrico i. concessa , inter testes venit rob. de mundforde , ut in rubro libro scaccarii habetur , parisio autem rob. de monteforti . haec ruris pars , ut occidentis reliqua pascendis ovibus magnopere exponitur . pleraeque villae aut unum , aut duo , aut tria , interdum quatuor vel quinque millia nutriunt : ut intelligas proceres angliae apud edw. i. de vectigali lanis imposito conquerentes , consulto affirmasse opum regni dimidium in lanis consistere . dignum est vel nosse leges quibus lanigerum hoc pecus apud nos regitur : nam alibi non reperiuntur . gregem instituere solius fuit domini villae seu manerii , numerum & species ovium , stationesque designare : ubi locorum , & quo modo quibusque legibus cum in hyeme , tum in aestate pascerentur . hyeme vero , non suas tantum , sed aliorum omnium terras stationem illam per semestre pascere . caulas item erigere & circumducere sive stercorationis causa , sive alterius beneficii . nihil horum alteri licitum , ne vel ovem unicam in alodio suo hic sustinere . stationem istam the shepes course vocant ; libertatem erigendi caulas , fouldage & saxonice fal●-●ocne , stercorationem tath ; & hyemalem pastionem shack appellant ..... reliqua desiderantur . finis . comites marescalli angliae . et de milite dissertatio . ab henrico spelmanno equ . aur. comitum marescallorum angliae catalogus . quis sub gulielmo conquestore sit donandus marescalli titulo , nemo ( reor ) certus affirmaverit . non recepta enim videtur adhuc illa vox à scriptoribus nostris : & , si qui novisse se id officium arbitrentur ; adeo dissonis tradidere vocibus , ut lectorem relegant dubitantem . mentionem quippe faciunt de praeposito regalis exercitus , de principe militiae , de magistro militum , magistro equitum , tribuno militum , tribuno rei militaris , tribuno exercitus , &c. sed cujus hi erant conditionis , constabulariine an marescalli , iidem an diversi officiales , ductorumve tertium genus aliquod & in se distinctum alias , non definiunt . radulphus de waceio , apud gulielmum gemeticensem , gulielmi conquestoris pueri adhuc tutor , constituitur & princeps militiae normannorum , & in mox sequenti capite altero magister militum appellatur . gulielmus vero filius osberni , qui prae aliis omnibus conquestorem excitavit ad anglorum excidium , exercitusque ejus partem tertiam duxit ; in lib. ms. coenobii de bello , tribunus militum nuncupatus est , & alias tribunus normanni exercitus : quod de marescalli munere ( fateor ) intelligatur . huntingtonio , ( pag. . ) dapifer ducis . sed eboracensis fecialis ( nescio qua authoritate fretus , & in hoc à vincentio , suo mastice , minime postulatus ) expresse refert , gulielmum conquestorem in anno dom. . id est regni sui . vel . . gulielmum filium osberni , ob eximiam in militia navatam operam , & comitem herefordiae & marescallum senescallumque angliae constituisse . certe , non redarguam , eum fuisse marescallum ; angliam autem tunc venisse in titulos marescalli , constabularii , aut senescalli non assentiar ▪ occubuisse vero dicitur osbernus an. dom. . i. e. . vel . conquestoris . hugo grantesmale à fecialibus nostris in rimandis genealogiis sub conquestore inscribitur marescallus . sic in genealogia vice-comitis montecute : quo nixa fulciminae , non ariolor . et in genealogia gulielmidum , quos fitz-williams appellamus ; stirpis protoplastum ponunt g. fitz-williams sub gulielmo conquestore com. marescallum angliae . johannes marescallus . suggerere se videtur istiusmodi quispiam in testatione brevis cujusdam regis henrici i. quod in registro veteri ecclesiae cathedralis norwicensis legitur , numero xv. h. rex anglorum , rogero costard & brumam fil . waring , & edwardo salutem . praecipio , &c. quod monachi de norwic , &c. t. johanne mar. ( lego marescallo ) apud theotford . gilbertus ( à forti arcu cognominatus strangbow ) secundus filius gilberti comitis clare , creatus fuit comes palatinus penbrochiae ann●● . regis stephani , & marescallus fuit palatii regis ; obiitque an. . regis ●tephani . sepelitur in abbatia tinternae . [ quaere : nam hic in petitione margaretae filiae primogenitae & cohaeredis thomae de brotherton comitis norfolc . exhibita , in coronatione ric. ii. dicitur fungi officio marescalciae in coronatione henrici ii. ut post aliquot in marescalcia henrici de percy latius patebit . ] ricardus de hu●ez sub hoc tempore , viz. sub henrico ii. dicitur in chron. abbatiae de bello , tribunus regis . richardus comes pembrochiae , & striguliae , &c. fortissimus regni lemstriae apud hibernicos subactor , dominus marescallus & saevissimus teneri atque unici filii exenterator , quod ab hostibus oppressus in patrium confugit praesidium . sepultus kilkenniae an. ● . dubliniam à sidneio prorege transfertur , monumentoque donatus in ecclesia s. — , dislectum praebet a latere filium , ut aliquando vidimus . willielmus marescallus regis , filius johannis , & gilberti nepos , accipiens in uxorem ex tutelari dono regis richardi i. isabellam filiam & haeredem dicti richardi comitis penbrochiae , a johanne rege in die suae coronationis penbrochiae comes instituitur , & marescallus angliae , ut quidam perhibent . mihi autem non videtur hoc gavisus titulo . nam mat. paris auctor coaetaneus , eum omni laudum genere prosequitur , magnumque appellat marescallum , sed ( quod memini ) non angliae , verum regis , marescallum . erat praeterea custos regis & regni , necnon summus angliae justitiarius ; ubi plura quaepiam de illo annotavimus . placeat hic tamen repetitum ejus epitaphium : sum quem saturnum sibi sensit hibernia , solem anglia , mercurium normannia , gallia martem . obiit an. . . henr. iii. & sepultus est in novo templo . kal. apr. relicti● , praeter . filias , totidem filiis , qui in marescalciam caeterasque dignitates succedentes omnes , omnes sine sobole excesserunt , viz. willielmus marescallus , qui secundi nuptiis eleanoram duxit filiam regis johannis . obiit . apr. . . henr. iii. ricardus marescallus secundus filius , anglicarum libertatum audacissimus assertor ( ut habet matthaeus parisiensis ) in hibernia fortiter occubuit , . henr. iii. gilbertus marescallus tertius filius ( clericali titulo primum addictus ) duxit margaretam sororem wil. regis scotiae , & in hastiludio hartfordiae ab effraenato sui ipsius equo interficitur . kal. julii , an. dom. . . henr. iii. mat. paris . hunc comitem marescallum ibidem vocat ( pa. . ) sepelitur in novo templo londoniis . stow in an. . henr. iii. dom. . walterus comes marescallus ( quartus filius ) viam universae carnis ingressus est pridu nonas decembris aut ut alii volunt ) octavo calend. decembris , &c. ●nquit pari●ius in an. dom. . pa. . ) id est . ( vel ut alii volunt ) ● . henr. iii. anselmus comes marescallus , quintus filius willielmi magni marescalli , obiit . decembr . id est . ( ut quidam perhibent ) post fratrem die , quinis suis sororibus haereditatem cedens herciscendam . rogerus bigot , quartus comes norfolciae illius cognominis , hoc deinceps modo in marescalciam successit . hugo bigot pater ejus , comes norsolciae , vel ( ut parisius habet ) orientalium anglorum ; duxit matildem primogenitam dictarum cohaeredum , & obiit anno . henr. iii. domini nostri . ( ut refert parisius pa. . ) omnibus uxoris suae fratribus jam tunc viventibus ; & marescallus ideo jure uxoris ( ut quidam innuit ) non potui● salutari . extincto autem anselmo fratrum novissimo , anno . vel . henr. iii. divisaque anno . inter sorores immensa ejus haereditate , marescalcia angliae ( cum manerio de hemsted in comitatu berceriae , cui è tenura id incumbit officium , & latifundiis annui simul valoris . librarum ) in matildis cessit portionem . marescalciam in eodem statim anno , cum illius virga dignitatis , filio suo rogero supradicto contulisse dicitur . mat. par. in an. . qui . & . henr. iii. eodem ( inquit ) anno , multiplicatis intercessionibus , concessa est marescalcia cum officio & honore , comiti rogero bigod , ratione comitissae filiae comitis magni willielmi marescalli primogenitae uxoris suae . cave : legendum videtur matris suae : nam hugo pater ejus filiam duxit primogenitam willielmi magni marescalli , ut supra declaravimus ; ipse vero isabellam filiam willielmi regis scotiae , & in hastiludio conquassus expiravit sine prole , an. . stowus anno . parisium secutus , rogerum duxisse ait filiam marescalli : perperam . rogerus bigot , ex hugone fratre justitiario angliae rogeri nepos in norfolciae comitatum & marescalciam angliae succedebat . hic cum regi edouardi i. in auxilium comitis flandriae profecturo militiam contumacius detrectasset ; regem postmodum ad gratiam ejus redintegrandam , haeredem scripsit ; sponte tamen an coactus , non satis liquidum . sunt enim qui obaeratum eum ferunt fratri suo johanni , expertemque liberorum eidem cedere post dies suos patrimonium statuisse . fratre vero nimia deposcente debitum importunitate , indignantem convenisse cum rege anno . hunc & leniret , illum ut perderet . regi patrimonium cum marescalcia transcribendum . ea tamen conditione , quod appositis annui valoris mille marcarum praediis , rex ei norfolciae comitatum & marescalciam angliae ad terminum vitae suae concederet ; necnon & soboli , si futura contigeret ; regi alioquin remansuram : & debita rex praeterea solveret . pactum alii impositum perhibent . comes vero intra quadriennium moritur sine prole an. . . penultimo vel antepenultimo regis ; praeteritoque fratre , pacta ad regem deferuntur . walsinghamus hunc non semel comitem marescallum nuncupat , ( pa. . l. . & . l. . ) ut matthaeus parisiensis gilbertum comitem marescallum ; & willielmus marescallus appellatus erat comes , tempore henr. ii. non tamen cinctus fuit gladio comitatus striguil . donec rex johannes hoc ei praestitit in coronatione sua : sic & gaufridus fitz-peter gladio comitatus essexiensis ( vid. hovd . pa. . l. . ) cum tamen comitis titulum ex concessione principis nondum assecuti essent marescalli ; exemplo tribunorum scholarum in jure civili , tribunus militum ( qui nunc marescallus dicitur ) nomen & honorem comitis signavit . ( vid. cod. tit. de comitibus & tribunis ; & p. tribuni scholarum . ) robertus de clifford : cui rex edw. ii. anno regni . officium contulit marescalciae angliae ; ut patet pat. p. . m. . nicolaus de segrave eodem constitutus anno , durante regis beneplacito . pat. p. . m. . thomas de brotherton , quintus filius edouardi i. & secundo natus toro , creatus est comes norfolciae ab edouardo ii. fratre suo ex parte patris , . dec. anno . dicti edouardi ii. & marescallus angliae . febr. anno ejusdem . tenend . dignitatem primam , sibi & haeredibus suis de corpore suo , &c. alteram , sibi & haeredibus masculis de corpore suo legitime procreatis ; ut testatur charta regia eandem concedens in haec verba — dilecto & fideli nostro thomae de brotherton comiti norfolk . fratri nostro charissimo marescalciam angliae cum omnibus ad marescalciam illam pertinentibus . habendum & tenendum sibi & haeredibus masculis de corpore suo legitime procreatis , &c. faciendo inde nobis & haeredibus nostris servicia quae progenitoribus nostris inde debebantur , antequam eadem marescalcia ad manus domini e. quondam regis angliae patris nostri , per donationem & remissionem rogeri le bygod quondam comitis norff. & marescalli angliae d●venit , &c. dat. per manum nostram apud lincoln . . die febr. anno regni nostri nono . obiit hic thomas anno duodecimo edw. iii. gratiae . relicta sobole , edouardo , margareta , & alicia . edouardus comes norfolciae & marescallus angliae , pupillari moritur in custodia ; trans●unte ad sorores patrimonio . willi●●m●s montacute . vincent . pa. . thomas beauchamp decimus quartus comes warwic . anno . qui respicit annum . & initium . edwardi tertii , factus est ( inquit yorckus , pa. . ) marescallus angliae ab edouardi iii. durante placito . obiit . ●jusd . edward● ▪ [ vide : nam hoc non convenit cum ultimis supra . ] ( spelm. ) rogerus mortimer comes marchiae . marescallus erat angliae . edw. iii. ut patet original . . ed. iii. rot. . thomas be●uchamp comes warwicensis , ad placitum . dat. . octob. ● . edw. iii. pat. p. . m. . edmundus mortimer , comes marchiae , sub annis novissimis edwardi iii. angliae fru●tur marescalcia ; sed quo nixus jure , nondum reperi . anno vero domini . regis edw. iii. . jussus a johanne duce lancastriae ( qui jam torpente sen●o rege primas obtinuit ) ut tuendae calisiae gratia in partes cederet transmarinas ; veritus machinationis quidpiam sibi impendere , marescalc●● virgam cum officio duci reddidit . is laetanter hanc accipiens , ●am protinus familiari suo henrico de percy ( quem hotspur appellabant ) tradidit . stow. ibid. — dicitur marescallus angliae in commissione in casu judicandi inter thomam moore & rad. basset concessa guidoni brian & richardo stafford , anno . edw. iii. pat. p. . m. . dors . henricus percy sic ut diximus marescallus salutatur anno . edw. iii. jam tum languescentis & anno proximo morientis . henricus de percy non de jure , sed ● regis beneplacito designatus est in coronatione richardi secundi , marescallus angliae ; pendente tunc de jure controversia . margareta quippe filia primogenita & haeres altera dicti thomae comitis norfolciae in processu facto ad istius regis coronationem , petitionem hanc exhibuit . a tres honore seigneur le roi de castele & de l●on duc de lancastre & seneschall d ▪ engleterre , supplie margarete file & h●●re thomas de brotherton nadgairs counte de norff. & marescall d' engl●terre d estre acceptee al office de marescalcie ore al coronement nostre seigneur le roy , come a son droit heritage apres la mort le dit thomas son piere , fesant l' office per son depute , come gilbert mar●schall counte de strogoile fist al coronement le roy henry s●cond . c●st assauoire d● p●ser debatz en meson le roy au jour de coronement , & ● faire liveree des h●rbergages , & de garder les oesses del chambre l● roy , pernant de chescun baron & counte ●at●z chiualer a c●l jour , un palfrey one une selle . sup●r quo ( inquiunt membranae regiae ) audita petitione praedicta , dictum fuit pro domino rege i●idem : quod officium illud in persona domini regis in feodo remansit , ad assignandum & contulendum cuicunque ipsi regi placeret : & super hoc auditis tam pro domino rege quam pro praefata comitissa pluribus rationibus & allegationibus in hac parte , pro ●o quod videbatur curiae , quod sinalis discussio negotii praedictis , propter temporis brevitatem , ante coronationem praedictam fieri non potuit ; henricus de percy ex assensu & praecepto ipsius regis assignatus fuit ad officium praedictum faciendum , percipiendo feoda debita & consueta , salvo jure cujuslibet , & sic idem henricus officium illud perfecit . hac scilicet vice ; non diuturnus marescallus . sed quaere , quo margareta nitebatur titulo , cum officium patri suo & haeredibus de corpore suo tantum masculis ut supra patet ) conferretur ? jo. fitz-a●an dominus maltravers . — tho. ho●land — sub ultima medietate junii , cum rex gulielmum walworth praetorem ●ondinensem equ . auratum constituit , creavit etiam ( inquit stowus ) super monte versus iseldoune comites marescallum & penb. ( pa. . ) ( quaere , quis hic fuit ? ) thomas dominus de moubray , filius ( & post mortem johannis fratris sui ) haeres elizabethae utriusque corum matris , filiae & haeredis johannis domini segrave & margaretae praedictae ducissae norfolciae , filiae & haeredis tho. de brotherton praedicti ; creatus est à ric. ii. anno regni sui . comes nottingham . et cum huc usque , domini tantum marescalli in chartis regiis nuncuparentur , iste * primus per chartam ejusdem regis , dat . . jan. regni . titulo investitus est comitis marescalli angliae , tenendum sibi & haeredibus masculis de corpore suo exeuntibus . anno deinceps . ejusdem regis , evectus est in aviae dignitatem , ducem scil . norfolciae : sed haud multo post in exilium relegatus , venetiis obiit , an. . . henrici iv. suscitavit prolem , thomam , johannem , isabellam , & margaretam , omnes marescalciae functos dignitate , vel in seipsis , vel in sobole . thomas holland comes cantii , filius thomae holland comitis cantii , & fratris uterini regis ricardi ii. ab eodem rege anno regni sui . creatus est dux surriae : & ad cognoscendum de lite militari jam tum exorta inter henricum ducem herefordiae , appellantem ; & thomam moubray ducem norfolciae comitem marescallum angliae , partem ream ; mox itemque factus est hac vice marescallus angliae , aumarliense duce tunc agente constabulario . york , pag. . . & . hol. . b. . . b. . jo. montague comes sarisburiensis . thomas moubray , mortuo in exilio patre , dux norfolciae & comes marescallus angliae salutatur . sexto vero anno henrici iv. capite mulctatus , sine prole excessit . radulphus nevill comes westmerland . . ric. ii. & richmundiae . henr. iv. fuit comes marescallus angliae . obiit . henry vi. . york . — vincent . pa. . tho. erpingham commissarius ad exequendum officium marescalli angliae . pat. p. . m. . johannes mowbray , thomae senioris secundus filius restituitur comes nottingham & comes marescallus angliae , anno primo henrici v. & deinceps anno tertio henrici vi. dux norfolciae in parliamento restitutus est . obiit anno domini . ut york dicit pa. . vel an. . ut dicit pa. . vid. vincent . ibid. johannes mowbray filius dicti johannis , dux norfolciae & comes marescallus angliae , fato cessit anno primo edwardi iv. domini nostri . thomas holland , marescallus angliae , durante minore aetate dicti johannis ; factus anno . henrici sexti . pat. p. . m. . johannes mowbray , vivente patre suo , creatus est ab henrico vi. comes warren . & surriae , eidemque morienti successit dux norfolciae & comes marescallus angliae . interiit an. dom. . . edw. iv. unica suscepta filia & haerede , anna nomine . ricardus dux eboracensis secundus filius regis edouardi iv. duxit praedictam annam , filiam & haeredem ultimi johannis mowbray , & jure ejus , fuit comes marescallus angliae , quod haec dignitas ad foeminas transiit haeredes de corpore thomae mowbray ; non autem dux norfolciae , quod haec tantum masculis cedebatur . iste dux ricardus cum fratre suo rege edouardi v. à ricardo duce glocestriae avunculo eorum , nefandissima in turri londinensi morte obruitur , an. dom. . nullaque suscitata prole , ipsa etiam anna extinguitur . gulielmus dominus berkeley , filius jacobi domini berkeley & isabellae uxoris suae , filiae thomae domini mowbray ducis norfolciae , primi comitis marescalli angliae ; anno . ric. iii. factus est comes nottingham & comes marescallus angliae ; & . henrici vii . marchio de berkeley . exhalavit sine prole , anno . ejusdem regis henrici . johannes howard eques auratus ( filius roberti howard equitis aurati & margaretae uxoris suae , filiae & demum cohaeredis thomae mowbray senioris ducis norfolciae & primi comitis marescalli angliae , utpote consanguineus & alter haeredum dictae annae ducissae eboracensis ; ) constitutus est a richardo iii. dux norfolciae & comes marescallus angliae : proque rege suo fortiter dimicans in bosworthensi praelio , una cum eodem , votis & fato conjunctus , interfectus est . extincto autem ad hunc modum , ducatus ejus norfolciae & marescalcia angliae ad fiscum rediguntur ; filiusque ejus & haeres thomas howard ▪ qui a richardo iii. eodem tempore factus est surregiae comes , quo & pater dux norfolciae ) licet jure gentium & naturae , domini sui regis & patris signa insecutus esset , a victore tamen rege henrico vii . arce londoniensi mancipatus coërcetur ; sed nullo interea marescalciae designato . tho. howard tertius dux . tho. howard , heros fortissimus ( quem ut verbo non transeam virtuti sacrum prohibet ) creatus est surriae comes a richardo iii. cum & joh. pater ejus in ducem promovetur norfolciae . ipsis vero rege & patre in bosworthi praelio corruentibus ; hic inter medias acies virtute dextrae sospes emicuit . captus autem a victore rege henrico septimo , in arcem londinensem detruditur : sed ob eximiam probitatem , prudentiam , & fortitudinem , ab eodem henrico post triennium evocatur ; & ad debellandum hostes suos in praelia lincolnense , — & bambregense emissus , omnia adeo strenue gessit , ut in tractu boreali tam ad compescendos provinciales quam ad scotos conterendos , vicarius regis designatur . hoc ut auspicatius exequeretur , in ipso utriusque regni limine se constituit ; anglis à tergo clypeum tutelarem , scotis à fronte gladium formidabilem . contritis his , & pacatis illis , ad regem gratus regreditur . fit angliae thesaurarius & ad paternam dignitatem comitis marescalli angliae restituitur . rex moritur ; succedit filius ejus henricus viii . qui in galliam , cum illustri exercitu proficiscens , nobilitatem pene omnem una abducit . veteris autem hostis memor , comitem denuo praeficit cum armatis copiis tractui boreali ; ut quae in absentia sua moliretur scotus , praesto oppugnaret . rex scotiae jacobus quartus , ansam ex absentia regis tempestive comprehendendam ratus , angliam cum ingenti exercitu ingreditur . occurrit comes in limite : pugnatur acerrime . ruit scotorum exercitus atque una rex ipse , . episcopi , . comites , . barones , . equites aurati , minoris autem nobilitatis & gregariae multitudinis . cadentibus interea quamplurimis anglorum . captis deinde scotorum castris , cum machinis pyreis & suppellectili bellico , firmatisque omnibus ad regionis pacem conducentibus , londinum regreditur ; reversoque è gallia regi henrico inimici ( licet fratris conjugalis ) cadaver & opima spolia pacis & victoriae symbola proponebat . laetus rex è duplici palma ; illa quam à gallis ipsemet feliciter , ista quam à scotis comes fortissime detulit ; comiti reddit ducatum norfolciae ; latifundia confert : & ut ipse pariter & nepotes de tanta victoria triumpharent , emblema clypei interfecti regis in diagonio clypei howardotum gerendum perpetuo designavit . pace inter reges angliae & franciae composita , delegatur jam hic idem dux norfolciae in franciam , cum maria sorore regis henrici , regi franciae ludovico desponsanda . et transeuntibus deinde rege & regina angliae in aquitania , ad salutandum regem & reginam franciae ; hic totius angliae prorex constituitur , & mariae tutor principis infantulae . tandem à curia & consiliis regis per licentiam secedens octogenarius , residuo vitae pie ac placide exacto , in castro suo framingamiae migravit ad dominum . edouardus seimour dux somersetensis , à nepote suo rege edouardo vi. & thesaurarius factus est & marescallus angliae ; bellum jam adversus scotos sub initio regis suscepturus ; thoma duce norfolciae , priori marescallo , turri interea coërcito . johannes dudley dux northumbriae . thomas howard in avitos majorum titulos à regina maria post deliquium suscitatus , quartus dux norfolciae hujus nominis comes marescallus angliae efficitur . nuptias vero ambiens mariae reginae scotiae , cum à regina elizabetha prohiberetur , fataliter recidit . georgius talbot , comes salopiae , qui in proscriptione thomae ducis norfolciae novissimi , functus est officio magni seneschalli angliae ; post sublatum eundem , marescalli insignitur munere . robertus d' eureux , comes essexiae & augiae , vice-comes bourchier , multisque praeterea illustris dignitatibus . populi ab ephebis desiderium fuit , etiam aulae , & ipsius aliquando reginae elizabethae . in hispaniam missus cum exercitu , & una carolus howard baro effinghamiae magnus angliae admiralius , imperio pares , caletem diripiunt , spoliumque ingens referentes , hic nottinghamiae comitatu , ille comitiva marescalcia angliae ad vitae terminum insignitur . altero post haec anno , comes essexius in hiberniam prorex delegatur , ad tironensium motus compescendos . re vero parum integre administrata , reginae contrahit indignationem , quam ut mulceat , propere advolat : sed desperata spe , ad arma provocat ; & ausis decidens , mulctatur capite , . feb. . eliz. . sic ad fiscum rediit marescalcia . thomas howard è filio nepos thomae ultimi ducis norfolciae ( comes arundeliae & surregiae , comitumque omnium * britannicorum primicerius ; baroniarum onustus titulis , eques periscelidis , regiae majestati à consiliis , &c. heros natus ad ornamentum reipublicae , veteris exemplar prudentiae & romanae gravitatis ; ) donatus fuit avita comitis marescalli angliae dignitate & virga aurea , à jacobo rege , ad vitae terminum possidenda . de milite dissertatio . miles à mille , ut perhibent ; nec probo , nec corrigo . is autem est , qui in militiam legitime conscribitur : sed transfertur nomen ad civiles aliquot magistratus , officiales , ministros , famulos ; de quibus dicemus , cum militares absolverimus . conscriptio duplex , pl●b●●a , seu gregaria ; & honoraria . de gregario milite , plurimis licet honestato privilegiis in jure caesareo , nos hic non agimus . honoratus est , qui honoraria aliqua solennitate in ordinem ascribitur militarem . ejus multiplex in appellatio . brito in synonimis : miles , eques , tyro , tyrunculus , atque quirites , atque neoptolemus novus est regnator in illis . valla & plures alii decurionem nuncupari volunt : & addantur pari licent●a equitum romanorum antiqua nomina : celeres , sub romulo & regibus , a celeritate in praelio : flexumines , à flectendis equis milita●●bus ; qui & postmodum trossuli , quod sine peditum auxilio trossulum , urbem in tuscia , cepissent . adjiciatur & recentius è feudistis subvavasor ; ab anglo-saxonibus thanus , & quod thanum ( vernaculumque nostrum knight ) latine sonat , minister . de prioribus dicant academici ; nos de reliquis suo loco . nostra autem sic annectentur ad illa britonis : flexumines , celeres , decurio , trossulus olim , nuperius thanus , subvavasor , atque minister . miles vero , a militantibus in genere : eques , à specie ; quod equo merebat . valla tamen . miles ( inquit ) proprie qui pedibus militat , dicitur , eques , qu● equo . et dum militis nomen perperam his impositum causatur quos dignatione afficimus , eos mavult decuriones nuncupari ; quod duarenus nomen atque alii ad majores item villarum transferentes , vocem destituunt certa signicatione . vallae tamen approbat bebellius in commentariis de abusione linguae , & multa congerit adversus interpretes qui hos appellant milites : ut tiraquellus item vir doctissimus in consuetud . picta . tit. ● . § . ult . gloss . . tyro , miles novitus ; cujus tamen est ( ut docet cicero , tuse . . ) ferre labor●m & vulnus contemnere . tyrunculus , tyro rudior . quirites ; eur , non teneo : nullius enim ordinis suit ; sed commune romanorum nomen , à quirino , i. e. romulo . sed quirinus ipse , à quiris , hastam ▪ sabinorum lingua ) significante tanquam hastatus dicitur : ovid. fast . hasta , quiris , priscis est dicta sabinis . quirites igitur dicantur milites nostri , velut marti● & hastat● . certissimum est , vocem receptam est . hinc annis pro milite honorato ; ingulphumque saxonem ideo dixisse quiritem degenerem ut virgilius , degenerem neoptolemum ) pro milite non legitimo . neoptolemus enim à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. novus & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alias 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bellum ; quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 novus bellator seu miles novitius ; pyrrhoque achillis filio ideo impositum nomen , quod ad trojanum bellum ( a knight ) id est , puer venerat . et equiti adjungi solet aurati epitheton ; non ab aureis equitum romanorum annulis , ut multi suspicantur ; sed ab auratis calcaribus quibus insignitur denuo ( ut inferius dicemus ) eques hic noster . franciscus enim philelphus , qui floruit anno . ( eques ipsemet auratus ) appellationem primus comperit ; ut in lib. epistolar . . ca. . ad albertum parrisium profitetur . in hoc autem magis videatur necessarium , quod apud gallos , insigniores utique magistratus ( ut loysaeus mihi auctor est ) chevaliers ; apud neapolitanos , sui quique nobiles ( ut amiratus perhibet ) cavallieri , ( id utrisque est equites ) appellentur ; licet equestrem non obtinuerint institutionem . sed hos pariter auratos forsitan appellaverint . ( qu. ) ferunt etiam nonnulli ( mihi nescio an imponentes ) imperatorem aliquoties eruditionis & id generis causarum equites instituere , qui non habentur milites honorati : ut item comites inferioris gradus , de quibus diximus in suo loco : & professores similiter juris civilis dici equites auratos cum . annos in eodem studio emensi fuerint . sed haec ego per transennam , de exoticis . militem nostrum seu equitem auratum à romano equite non deducimus . ille totus olim ad militiam fabricatus est ; hic ad rem civilem pariter ; & sub consulibus , ex opulentia non virtute . quicunque enim . valebat sestertia , i. e. monetae nostrae veteris sterlingorum . novae . more & jure civium romanorum in equestrem ordinem conscribendus fuit . propinquior videtur , qui sub imperatoribus baltheo cinctus est militari : hic vero tunc cultus non tam dignitatis fuit , quam cujusque militis symbolum . adeo ut discinctus pro ignavo dicitur & exuto militia , & inter poenas militares graviores habita . virilis etiam toga non ad classem aliquam , sed adultos omnes pariter attinebat . ad germanos provoco , ut cum suos nobis in plerisque mores porrexerint , in hoc etiam auctores fiant . martis autem sic adibant limina . arma sumere ( inquit tacitus ) non ante cuiquam moris , quam civitas suffecturum probaverit . tum in ipso concilio , vel principum aliquis , vel pater , vel propinquus , scuto frameaque juvenem ornat . haec apud illos toga ; hic primus juventae honos : ante hoc domus pars videntur , mox reipublicae . locum non intelligo de ignobili ; sed de eo cujus foret & consiliis adesse principum , & de rebus tractare publicis . cum enim dixisset tacitus in praecedentibus : germanos nihil agere non armatos ; subjungit illico , sed arma sumere , &c. ut citavimus . ecce igitur germani militis instituendi formulam . primo , expetenda & expectanda civium approbatio : secundo , consilii sententia : tertio , symbolorum collator , qui est vel princeps aliquis vel magistratus honoris causa , vel pater aut propinquus mancipationis gratia . quarto , symbolorum ( id est scuti & frameae ) collatio . sic quinto , exultans telis concilio egreditur miles legitimus . eques autem , non pedes : nam scutum & framea sunt equitis armatura , & plane integra , non peditis ; ut superius ipse docet tacitus : eques quidem ( inquit ) scuto frameaque contentus est : pedites & missilia spargunt , pluraque singuli . hinc tyroni istiusmodi duplex appellatio : miles , à genere ; eques , à specie . latine utimur utroque vocabulo ; sed in vulgari idiomate galli , itali , hispani speciem tenent , sc . chevalier , cavalliere , cavallero , à latinoram caballo . germani , kitter , à ritten equitare . angli vero priscum secuti saxonicum , knighte dicimus , quasi famulum seu ministrum militiae . saepe conspicitur antiquae institutionis specimen in sigillis anglo-normannorum usque ad aetatem — , ubi eques exhibetur , scutum ad pectus , frameam gestans ab humero dextro . et originis vestigium in conferendis feodis militaribus ; quae alias hastae traditione , alias baculi velut hastae , in jure feodali transferuntur . solebant enim magnates latifundia sua in portiones dispartiri ( quae feoda vocant ) ad alendum singulos milites ; easdemque ob servitium & subsidium in bello clientibus suis hoc modo concedere ; adjuncto insuper annulo , ad notandum ( reor ) fidelitatis sacramentum , quo vassallus domino ratione feodi tenebatur . admissos sic in militiam suam suos milites appellabant ; etiamsi nunquam in militiam progrederentur sed vicarios mitterent . hujusmodi fuisse eos censeo , de quibus in priscis nostris annalibus anglicanis saepe legitur , talem venisse tali expeditione cum . vel . knights in comitatu suo . quidam male intelligunt de equitibus auratis ; quidam verisimilius de militibus gravis armaturae , quos gallli homes de armes appelant . tuo utere judicio . hi vero non videntur olim aliquando prioribus illis inferiores , cum & in domini sui militiam baculi & annuli ceremonia admitterentur ; tum & patrimonium una acciperent variis nobilitatum privilegiis ( ut supra videas in feodum ) quo militarem dignitatem splendidius tuerentur . hoc enim patrimonium , feodum nobile dicebatur ; quod ad nobiles solum , non ad rusticos , non ad burgenses vel opifices transmigraret . galli igitur milites antiquos dividunt in chevaliers , bannerets , & bacheliers : cujacius exponit , equites , mello equites , & vasellos sive vasallos : nisi malis ( inquit ) a buccellariis ducere ; quod equidem non probo . teneat potius primam sententiam , bacheliers idem esse quod vassallos , i. e. milites feodales ; non quod meam tueatur assertionem , sed quod ipsa res hoc loquitur , bacularios seu bacillarios non minus dici à baculo seu bacillo feodali ; quam banneretti , à bannerio ; equites ab equo ; feodalibus . qui igitur fit , ut caeteri equites ( nam hi etiam equo merebant ) feoda non dotati , bacularii nuncupentur ? forte baculo etiam velut hasta in militiam aliquando admitterentur ; vel ex errore natum , pauciores in plurimorum transisse appellationem , differentia ab auctoribus non bene observata . nam germanis utique multos dici censeo fanlchen , i. e. vexilliferos , qui vexillo non suscipiunt hodie dignitatem . ( quaere . ) cum autem militis instituendi ratio , alia non esset , quam honoraria candidati seu tyronis in militiam ( ut praefati sumus ) susceptio : praestari solita est apud omnes populos vel armorum aliquid conferendo , vel ceremoniam aliquam ad militiam pertinentem adhibendo . romani , sub imperio , cingulo usi sunt militari . germani veteres ( ut supra declaravimus ) scuto & framea . longobardi arma integra largiuntur . sic turismodus rex alboinum , regis audoini filium , turismodi filii sui armis insignibus donat . paul. diac. longob . . ca. . salici , baln●o usi sunt ; cum aliquo genere armorum , & ritu sacro . baln●o scil . ut purgati intelligerentur à spurcitie corporis & animae . du tillet p. . &c. anglo-saxones gladium ad altare consecratum à candidati collo suspendunt . de aetate militari . aetas militaris , quae romanis virilis dicitur , in exitu anni . pueritiae apud ipsos habita est ; togamque ideo virilem ( ut germani olim arma militaria ) non sine religionis ceremonia concedebant ; ut mox videbitur . de germanorum ritu , copiose admodum ex ipso tacito in praecedentibus . apud recentiores , carolus magnus ludovicum filium suum jam appellentem adolescentiae tempora , ense accinxit . aluredus nepotem suum aethelstanum puerum adhuc praemature militem fecit . henricus i. gaufridum comitis andegaviae filium , adolescentiae primaevo flore vernantem , quindecim annorum armis induit . quid plura ? legitima hinc aetas militaris apud nos habetur annus decimus-quintus ; nec auxilium igitur ad faciendum filium suum militem quisquam à subditis deposcat feodalis dominus , ne quidem rex . valet tamen junior factus . rex edourdus vi. anno aetatis decimo ; henricus vi. quinto ▪ prandens olim aliquando dubliniae juvenis apud d. proregem hiberniae , vidi tenerum quendam adolescentulum prae militibus aliquot antiquis accumbentem ; nuntiatumque mihi est , ni memoria meretrix , eundem ipsum fuisse quem prorex alius è sacro fonte susceperat , & in cunis statim militem fecerat , dum apud patrem infantuli fortuito hospitaretur . facto perhibet authoritatem , quod in juris nostri legitur annalibus . audivi ( inquit thirning justitiarius . henr. iv. fol. . ) magnatem quendam , filium quem susceperat , ad sacrum deportasse fontem , arreptoque statim gladio , baptizatum , militem fecisse , anglice hoc adjiciens , probus si poteris esto miles , armiger vero nunquam fueris . ●ec mirum hoc in secularibus ministeriis ; cum in ipsis ecclesiasticis , hugo filius hereberti comitis admodum juvenis parvulus , qui nec adhuc quinquennii tempus explesse videbatur , in amplissimum remensem episcopus electus esset . quantulacunque autem aetate factus est quispiam miles , liber evadit à domini feodalis potestate quoad corporis sui ditionem , quam custodiam vocant . et peti videtur mihi ratio à majoribus nostris germanis , quam expressit tacitus : ante hoc , domus pars videtur ; mox reipublicae . de evocatis ad militiam suscipiendam . antiqui juris est , ut in regia coronatione aliisque nonunquam solennibus , rex breve suum unicuique vice-comiti mittat ; praecipiens , ut submoneat omnes in comitatu suo , qui censu funguntur militari & non sunt milites , quod tali die ad regis se praesentiam sistant , militarem suscepturi dignitatem . census hic sub normannicis nostris regibus , . libris aestimatur ; sub henrico iii. decem primo , deinde quindecim . sub edv. i. viginti : hodie , quadraginta . excipiuntur tamen ab hac angaria in stat. — edw. i. qui vel morbo diuturno , vel aere alieno , vel prole laborant numerosa . brevis haec est forma : rex vice-comiti norfolciae salutem . praecipimus , &c. proclamatur & de more per comitatum : sed venientibus & non venientibus à carolo rege evocatis sors plerumque eadem . nesciebant enim qui venerunt , ubi suam exhiberent praesentiam , eandemve facerent recordari . opinantur quidam coram baronibus in scaccario , quidam apud comitem marescallum , quidam apud magnum camerarium angliae ; & dum caligant singuli , deviant omnes . tandem enim definiri perhibent , in cancellaria registrandam . verba autem brevis sunt , coram regis praesentia ; & dum regium sic opperiuntur otium atque bene-placitum , facultatum partem non exiguam , forte etiam & aevi minuant . vice-comites autem summonitorum nomina baronibus exhibent scaccarii , hi vi●issim commissionariis à rege delegatis , ad componendum statuendumque de animadversione pecuniaria , in evocatos ( velut contumaciae reos ) sigillatim imponendae ; quam si ( gravem licet ) non admiserint , vel subterfugiendo detrectaverint , è terrarum suarum usu fructibus ( quos exitus vocant ) barones scaccarii regi addicunt . primo termino s. secundo l. tertio l. quarto l. quinto l. atque ita pro arbitrio assurgentes . fuit retroactis seculis animadversio à commissariis imposita , satis levis ; sed hodie gravis admodum : tenuis enim fortunae viri , olim . . . solidis plectebantur : hodie , libris totidem ; et ditiores nonnulli ducentis , trecentis , quadringentis . de modo creandi militem honoratum : & primum de cingulo militari . cum in creando milite maxime olim esset necessarium officium cinguli ; de cingulo quidpiam praelibandum . ejus triplex genus : civile , zona ; militare , baltheus ; mixtum , cingulum indefinite . hinc varro zonam inter vestimenta refert ; baltheum inter arma . cingulum utrisque convenit , & est tam dignitatis & magistratus , quam militiae symbolum ; & à trojanis seculis honorarium , ut homero passim . romani veteres equitem honoratum instituebant equo & annulo aureo à censore datis : inferiores , milites qui à caesaris erant comitatu , cingulo donabant , quo à caeteris innotescerent militibus . fuit autem hoc è corio atque inde baltheus nuncupatum : nam balgh & beltz germanis pellem significat ; ut item ( quod galli dicunt pro baltheo ) baudeier , l in u & t in d mutatis . romanum enim nihil censeo genuine quod per th scribitur . huc autem id propertii lib. . eleg. . praebebant caesi baltea lenta boves . balthei seu cinguli militaris officium fuit , munire , ornare , distinguere , legionem notare , & arma sustinere . . munire ; ideo late compositum , aliasque bullis , alias laminis ( ne distringeretur ) firmatum . virgil. aen. lib. . — humero cum apparuit ingens baltheus , & notis fulserunt cingula bullis pallantis pueri . — humero ( inquit ) ut alibi : tum lateri atque humeris tegeaeum subligat ensem . . ornare ; pro fastu militari & lateris dignitate , auro , gemmis , & insigni opere . — virgil. aen. . — rhamnetis & aurea bullis cingula — passim homerus ; & supra modum odyss . xi . sed inferiores intuere . luithprandus hist . lib. . ca. . boso mirae longitudinis & latitudinis habebat balteum , qui multarum & preciosarum splendebat nitore gemmarum . . distinguere : aliàs personas , ut atridarum apud homerum aurea balthea : hectoris , puniceus : diomedis , discolor . aliàs dignitates & magistratus : ut in vet. epigramm . val. probi annot. aulica quippe comes rexi patrimonia clarus , et mea patricio fulserunt cingula cultu . hinc in epilogo edicti theoderici regis italiae , cingulum pro magistratu ponitur . nec cujuslibet dignitatis , aut substantiae , aut potentiae , aut cinguli , aut honoris persona ; contra haec — esse veniendum . et apud suidam , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. cingulum tropice pro facultate ( seu authoritate ) capitur , quod cincti ad rem gerendam sunt expeditiores . inde crebro in canonibus , judex cinctus . erat namque cingulum tam palatinae quam armatae militiae insigne . ideo apud cassiodorum & jurisconsultos pro magistratu dicitur & ejusdem administratione . variar . lib. . formul . . otiosi cinguli honore praecincta dignitas , i. e. magistratus citra molestiam dignitas . et imperator inferius judices admonens de laudabiliter se gerendo : grave ( inquit ) pondus invidiae est , splendere cinguli claritate , & morum lampade non lucere . . legionem notare : isidorus origin . lib. . ca. . baltheus cingulum militare est dictus , propter quod ex eo signa dependent ad demonstrandam legionis militaris summam , id est , sex millium sexcentorum ; ex quo numero & ipsi constituunt . . arma sustinere : ensem & clypeum ; & singulare singularem ; de quibus multa homerus , qui & de thoracis baltheo meminit , ajacemque hectori baltheum cum ense dedisse , iliad . . sidonius arvernorum episcopus , qui floruit an. dom. . suo aevo hos cultus attribuit , in panegyr . ad anthem . aug. car. . pectora bis cingunt zonae . — et supra , bullis hostilibus asper applicat à laeva fulgentem balteus ensem , inseritur clypeo victrix manus , &c. romanis siquidem frequens , ut pluribus obiter hic inferius . de recentioribus etiam bartholinus austriad . lib. . et mos gemmato mucronem annectere balteo . sic à veterimis seculis ad nostram aetatem ( qua maxime floret ) perductum vides cingendi hunc morem : de quo dicam ut martialis , de parazomio : militiae decus hoc & grati nomen honoris , arma tribunitium cingere digna latus . hinc cingulum velut militiae dignitatumque compendium , in eisdem conferendis optatissimum . frisones , cum cinctura gladii colaphum impingunt : & hoc à carolo magno eorum praesidi concessnm ferunt in quadam constitutione ; ubi de militibus agens : eis gladium ( inquit ) circumcingat ; & dato eisdem , sicut consuetudinis est , manu colapho , sic milites faciat , eisdemque firmiter injungendo praecipiat , ut deinceps more militum sacri imperii aut regni franciae , armati incedant — qui frisones signum suae militiae a dicta potestate ( i. e. praeside ) recipere debent ; in quo corona imperialis , in signum suae libertatis à nobis concessa , debeat esse depicta . ex francis . mennenio tit. ha . . anglorum erat consuetudo , ( non ingressis adhuc normannis ) quod qui militiae legitime consecrandus esset , vespera praecedente diem suae consecrationis , ad episcopum vel abbatem , vel monachum , vel sacerdotem aliquem , contritus & compunctus de omnibus suis peccatis , confessionem faceret ; & absolutus , orationibus & devotionibus , & afflictionibus deditus , in ecclesia pernoctaret in crastino quoque missam auditurus , gladium super altare offerret , & post evangelium sacerdos benedictum gladium collo militis cum benedictione imponeret : & communicatis ad eandem missam sacris christi mysteriis , denuo miles legitimus permaneret . haec ingulphus saxo , p. . sic fortissimus herewardus ( qui normannis tantam facessivit operam ) miles factus est . hanc tamen consecrandi militis consuetudinem aspernati sunt normanni , nec militem legitimum talem tenebant , ( inquit ingulphus ) sed socordem equitem & quiritem degenerem . et quorsum , obsecro ? num quod ab ecclesiasticis acceperint dignitatem , non à viris militaribus ? certe gulielmus rufus ( qui postea rex evasit ) non a patre suo gulielmo i. rege angliae , sed à lanfranco archiepiscopo cantuariae , in vita patris , miles factus est , ut malmesburiensis & parisius testantur . num quod ab altari susceptum gladium ? prequens inter ipsos anglo-normannos ritus sub henrico ii. ut perspicue refert auctor coaetaneus petrus blesensis , epist . . sed & hodie ( inquit ) tyrones , enses suos recipiunt de altari . et rationem adjungit , ut profiteantur se filios ecclefiae , atque ad honorem sacerdotii , ad tuitionem pauperum , ad vindictam malefactorum , & patriae liberationem , gladium accepisse . quomodo tuebantur professionem ? male , ( ut hodie ) quod pluribus blesensis . num denique , quod in ecclesia pernoctarent vigilantes & paenitentes ? sospitavit equidem & pius hic usus ad edouardi i. saeculum , ut è florilego deinceps videris . carolus magnus , an. . ludovicum filium suum jam appellentem adolescentiae tempora ranespurgi ense accingit . theganus episc . trever . de vita lud. pii , pag. . ludovicus ipse imperator jam factus filium suum carolum [ calvum ] armis virilibus , id est , ense cinxit , corona regali insignivit , &c. idem pag. . & aimoin . lib. . ca. . alfredus rex anglorum aethelstanum suum e filio nepotem puerum adhuc praemature militem fecit , donatum chlamide coccinea , gemmato baltheo , ense saxonico cum vagina aurea . malm. gest . reg. lib. ii. ca. . pa. . henricus iii. anno . ad natale domini , baltheo ( inquit parisius ) apud eboracum donavit militari [ alexandrum ] regem scotiae , & cum eo tyrones fecit ▪ . qui omnes vestibus pretiosis & ●xcogitatis , sicut in tam celebri tyrocinio de●uit , ornabantur , pag. . intelligo , à rege datis ; nam sic idem auctor in anno — . et cum legati nepotem cingeret , . lib. annuatim redditas ei dedit haereditario , & cuidam alii censum pariter opulentum , pag. . edwardus i. ter centum simul preciosis donat vestibus , nec dignitatem tamen confert , donec in templo nocte peregissent vigilias , ut è florilego videmus . pluries citaturus sum locum ; semel habeatis integrum . ad augmentandum igitur ( inquit ) profectionem suam in scotiam , fecit rex per angliam publice proclamari , ut quotquot tenerentur fieri milites successione paterna , & qui haberent unde militarent , adessent apud westmonasterium in festo pentecostes , admissuri singuli omnem ornatum militarem praeter equitaturam , de regia garderoba . confluentibus itaque . juvenibus , filiis comitum , baronum , & militum , distribuebantur purpura , byssus , syndones , cyclades auro textae , effluentissime prout cuique competebat . et quia palatium regale etsi amplum , tamen ad tot occurrentium turbam angustum fuit , apud novum templum londini , succisis lignis pomiferis , prostratis muris , erexerunt papiliones & tentoria , quo tyrones deauratis vestibus se singuli decorarent . ipsa quoque nocte in templo praedicti tyrones , quotquot poterat capere locus ille , suas vigilias faciebant . sed princeps walliae , praecepto regis patris sui cum praecelsis tyronibus fecit vigilias suas in ecclesia westmonasteriensi . — die autem crastina , cinxit rex filium baltheo militari in palatio suo , & dedit ei ducatum aquitaniae . princeps ergo factus miles , perrexit in ecclesiam westmon . ut consocios suos militari gloria venustaret . — princeps autem propter turbam comprimentem non secus sed supra magnum altare , divisa turba per dextrarios bellicosos , socios suos cinxit . mat. westm . an. . pa. . sine ut hic breviter notem adnotanda . profectionem ] quam sub quindena s. johannis sequenti rex iniit ; & multis in scotia truculenter gestis , carleoli obiit anno proximo , i. e. . proclamari ] non in forma juris per breve regium vice-comitibus directum , ut non venientes mulctarentur ; aut non venientes & non obtinentes dignitatem , finem , i. e. animadversionem regi solverent pecuniariam . tenerentur ] tenebantur olim omnes liberi homines militare . successione paterna ] ergo filius & haeres militis , qui patri successurus erat in haereditate , ex jure miles etiam faciendus erat . vnde militarent ] licet ex patre milite non esset oriundus ; tamen si haberet unde se in militia sustineret , suscipere tenebatur dignitatem . et hoc quidem olim fuisse videtur praedium . lib. sub ingressu normannorum . pentecostes ] unum è tribus majoribus festis , quibus prisci reges prodire solebant coronati ; convocatisque regni magnatibus , de arduis consulere & statuere . admissuri ] suscepturi . garderoba ] vestiarium . graecis inferioribus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à veste germanorum roch. ¶ [ reliqua pars commentarii desideratur . ] galli praeter cingulum seu baltheum , gladium adhibent & aurata calcaria , nihil sacri interposito . bartholin . austriad . . pa. . et mos gemmato mucronem annectere baltheo . recentiores plerique nullum tradunt symbolum ; sed gladio delibant alii scapulas & pectus candidati , alii humerum velut percutientes tangunt , dicentesque sois chevalier , au nom de dieu , gladium apponunt osculandum . qui humerum feriunt , colaphum impingentium tenent rationem ; candidato velut interminantes , ut deinceps nunquam ictum ferat inultus . vidi aliquando senem ephaebo filio sic primum porrigentem gladium . sed hoc gentilium more , non christianorum ; è quibus ictus olim aliquando miles , respondit , non verbera tulissem , si non essem christianus . qui olim fiebant milites . fiebant olim milites ex solis militibus vel militiae candidatis ; non servis quantumvis eximiis , non colonis , non rusticis , non burgensibus , non mercatoribus , vel togatis . non servis . hinc regis filium carpit virgilius aen. — quorum primaevus helenor , maeonio regi quem serva licimnia furtim sustulerat , vetitisque ad trojam miserat armis . vetitis ( inquit ) armis : quod helenor licet regis filius , ex serva tamen natus , servus esset : servisque jure militari vetitum fuit arma ferre . sic mercatoribus atque rusticis , sub quorum appellatione burgenses veniunt , & coloni , l. julia de vi publica , & constitutione frederici imp. lib. . feud . togatis ; quod in scholis suam habuere militiam , suas dignitates . a veterum enim moribus alienum fuit , ad gradus provocare suae professioni non competentes . doctorum primus , quos invenerim , in militiae dignitatem conscriptus est bartholus de saxoferrato jurisconsultus celeberrimus ; qui & cum dignitate leonem accepit pro insignibus . inter classes vrbicas , omnium apud nos primus militari cingulo donatus est à ric. ii. praetor londinensis , non servati tantum civis sed regni causa , cum egregium proditorem inter copias coram rege exultantem pugione occidisset ; successoribus facto hanc obtinens dignitatem , pugionemque inscribi clypeo civitatis . sunt & qui — aevo — primum ferunt justitiariorum angliae militis donatum titulo . sed decipiuntur proculdubio ; ut copiose viderint in catalogis nostris justitiariorum ; licet & me alterius interdum nitentem fide non errasse alias haud asseruero . sub rege — omnes plerumque justitiarios tribunales milites salutabant . henricus viii . selectos tantum aliquot . regina elizabetha ( tenax nimium in conferendis honoribus ) vix unum atque alterum , praeter summos . jacobus rex cataractas aperuit dignitatum , obrepentibus interea ( ne asperius dicam ) plurimis ignobilibus . quippe cum in tota anglia vix . reperisset milites , ipsos statim ter tribus auxit centenariis . mirum nostro aevo , antiquis vero satis assuetum . henricus iii. nuptias sororis suae cum alexandro rege scotiae mille celebravit militibus . sed refert paulus aemilius , philippum pulchrum regem franciae in praelium contra edouardum iii. regem angliae , ter mille descendisse militibus , baltheo militari ( ut ejus utar verbis ) virtutis causa donatis . qui possunt militem facere . eorum fuit militem facere , quorum fuit feodum dare . nam qui feodum dabat , militem constituit , & patrimonium insuper adjecit quo aleretur . minus igitur est , militem facere , quam & facere & alere . qui feudum dare possunt , exprimit liber . de feudis , cap. . feudum ( inquit ) dare possunt , archiepiscopus , episcopus , abbas , abbatissa , praepositus ; si antiquitus consuetudo eorum fuerit , feudum dare . dux , marchio , & comes similiter , feudum dare possunt , qui regni vel regis capitanei dicuntur . addit & valvasores , sed minuta plenitudine . videamus autem an hi milites utique facerent . ab archiepiscopo : lanfrancus archiepiscopus cantuariae , gulielmum rufum quem nutriverat , militem fecit , patre adhuc vivente ; uti referunt malmesburiensis & parisius , hic in anno . pa. . ille pa. . sic goslariae , per concessionem archiepiscopi ( bremensis ) primum se rex ( puta henr. iii. imp. ) arma bellica succinxit . lambert . schafnab . in chro. t. . ab episcopo : annales dominicanorum colmariens . in anno . venerabilis ( inquiunt ) dominus de leichtenberg argent . episcopus , fecerat hoc anno ante festum s. michaelis milites ; quos omnes vestivit ad minus triplici vestimento ; soil . tunica preciosa , surgotum nobili vario , suchornam cum vario precioso . en in uno priscus hic ritus alius ; cum dignitate vestimenta largiri . sic henricus iii. apud parisium . et quidem triplicia : quod ex prisca romanorum consuetudine ad equites spectabat ; pediti enim simplex , duplex centurioni , triplex equiti dabatur . sic in ecclesia s. dionysii , die dominica per manus episcoporum armis accingitur ludovicus pius imperator , qui paulo anterius arma deponere & ante altare ponere coactus est . thegan . in vit. ejus pagg. . & . ab abbate : sic apud ingulphum saxonem , herewardus cum aliquot aliis cohortis suae tyronibus , à brando abbate burgi s. petri patruo suo ( sub an. . id est , . gulielm . i. ) more anglico , quem dedignati sunt normanni , miles factus est . morem expressit stowus in annalibus vernaculis sub gulielmo i. anno . herewardus anglo-saxo sub an. . ( i. e. . gulielmi i. ) patruelem suum abbatem petroburgensem adit ; confessusque & absolutus , noctem totam in ecclesia vigilans , orans , & jejunans transigit . mane gladium affert super altari , quem ( finito evangelio ) consecratum , abbas a collo herewardi suspendit ; benedictumque ipsum & sacra imbutum eucharistia , militem dimisit jam legitimum . abbatibus vero milites facere prohibuit synodus londinensis sub anselmo archiep. cant. an. . cap. . quod apud eadmerum videas lib. . & malmesb. lib. . de gest . pontif. de abbatissa & praeposito , non habeo quod proferam . forte quod antiquitus consuetudo corum fuerit , feudum dare ( ut lex ait ) aut non omnino , aut quid●m parcius . viro autem à muliere suscepisse decus militiae , probrum videretur . praeter hos ecclesiasticos , qui feodum dare potuerunt , sacerdoti etiam licuit inter anglo-saxones militem facere . sic enim ingulphus : post evangelium sacerdos benedictum gladium collo militis eum benedictione componeret , &c. ut supra . haec de ecclesiasticorum militibus ; quorum gesta feodalia & privata multo accuratius olim mandabantur literis , quam laicorum procerum . nemo vero opinabitur , proceres seculares , quibus totus in bello genius , minus valuisse in militaribus dignitatibus conferendis , quam magnates ecclesiae , belli inimicos . ducem burgundiae , celeberrimum instituisse ordinem militum aurei velleris , nemo non novit . et ducem britanniae suos creasse milites , inferiu ▪ patebit . marchiones , qui aliud non sunt quam comites limitanei , comites vero primarii ordinis , parem sine dubio ( si non supra ) cum comitibus potestatem habuerunt . ad montem , qui castro de lewes supereminet , se applicant ( barones ) ubi ordinatis alis & arcubalistis atque peditibus bene dispositis , gilbertum comitem gloverniae comes leycestriae symon armis militaribus decoravit . breviar . de bello . ( sed hoc forte , ut à principe militiae . ) in veteri ms. codice familiae sharneburnorum , legimus , quod in militia terrae sanctae , aevo regis ricardi i. will. de rustings & alan de sharnburne facti sunt milites de manu comitis arundel . tertii . et andreas de sharnburn similiter tempore regis johannis , de manu willielmi comitis arundel . iv. et ne comites hoc fecisse à rege delegatos cogites ; giraldus cambrensis in itinerario cambriae ( ca. . ) refert , . armigeros ( tempore henrici i. ) cingulo militari donatos & armis dominorum suorum decoratos à constabulario castri de pembrock primipilo arnulphi de montgomery . licuit forte milites suos feodales hac insignire dignitate , non alienos . ( quaere . ) sic in an. gratiae . cum ducem sibi constituissent scoti gulielmum waleys ; militiae ( inquit walsinghamus , in edw. i. ) donatus est cingulo à quodam comite regionis illius . creabantur & à civibus belcarii , & in provincia , ( joh. tilius de reb. gall. lib. . ca. de equitib . pa. . ) poterat & miles ( ut quidam asserunt ) eum militem facere , qui à patre natus est milite ; quod haec dignitas ad talem pertinuisse habita est tam ex jure quam ex gratia ; ut ex eo liqueat quod edouardus i. proclamari fecit per totam angliam , ut quotquot tenerentur fieri milites successione paterna , & qui haberent unde militarent ; adessent gradum suscepturi . sic alexander rex scotiae , licet ab henrico iii. rege angliae armis cingeretur militaribus , potuisset tamen ( inquit pa. . ) ipsa arma suscipere à quovis principe catholico , vel ab aliquo nobilium suorum . franciscus i. galliae rex equestre baltheum & ensem accepit à petro baiardo copiarum praefecto in pugna marigniana apud insubres , . kal. octobr. an. . chopp . de doman . lib. . tit. . sect. . pa. . in med . ferdinandus rex portugalliae praelium initurus anno . ab edmundo comite cantabrigiae anglo , in proprio suo regno factus est miles . henricus vi. rex angliae in festo pentecostes an. . regni . miles factus est à duce bedfordiae subdito suo , galliae regente ; cum jam vitae & regni annum quartum ageret . hollinsh . eo anno . ludovicus xi . quum ille remis induta purpura francici imperii habenas capesseret , à philippo burgundiorum duce ad hoc rogato eques cingitur , . cal. sept. an. . chopp . doman . lib. . tit. . nu . . pa. . historia de offa primo , qui strenuitate sua angliae maximam partem subegit : cui simillimus fuit secundus offa. proceres consulunt regi ( offae i. ) ut filium suum moribus & aetate ad hoc maturum , militari cingulo faciat insigniri , ut ad bellum procedens hostibus suis horrori fieret & formidini . rex celebri ad hoc condicto die , cum solempni & regia pompa gladio filium suum accinxit ; adjunctis vero tyrocinio suo strenuis adolescentibus generosis , quos rex ad decus & gloriam filii sui [ armis ] militaribus indui fecit & honorari . fol. . a. militem autem à non milite faciendum negarunt veteres , quamvis à rege . cum igitur ferdinandus rex portugalliae an. . in procinctu aciei , viginti quatuor vel eo supra , armis imbuisset militaribus ; nunciatumque ei esset , minime illos fore milites , quod rex ipse nondum miles cingeretur ; cincturam protinus ab edmundo comite cantabrigiae ( qui in acie versabatur ) auspicatus , caeteros omnes redintegravit milites . — disseraō que por elle naō sero feito cavalleiro post que ret foset , naō podia fazer cavalleirs . eutamo armon cavalleiro o cond● aymon de camburg v fez el rei de novo o● mesmos cavalleiros que tintra feitos o outros . . chron. de portug . reform . peto duarto nun ez do haō na vida del fernando . hoio . et licet justa ev●neat ratio , ut inferior semper omnem a superiore referat dignitatem ; minor a majore : supremae tamen potestatis principi , qui culminis sui territorium securus non egrediatur , necessario competit , ut non solum ab inferiore consequatur hunc honorem , sed a subdito etiam suo & vassallo . hodie creandi militis privilegium apud supremae potestatis principes tantummodo retinetur ; & his omnibus aeque competit , cujuscunque fuerint gradus aut fastigii . majores tamen habentnr milites , qui à majore constituuntur principe ; & laudatior consuetudo quae antiquior . danorum reges ( ut mihi auctor est crantzius ) ante — ( qui patrum nostrorum memoria floruit ) crearunt neminem . nec romani ( ut dicitur ) pontifices , ante paulum iii. qui nicolaum de ponte senatorem venetum primarium statuit . quid dux ipse venetus , nondum reperi : nec belgarum ordines hoc aggressos . successores vero pontifices , suos quinque milites non tantum fecerunt ; sed coacta pecunia ( ut sansouinus refert ) ordinis alicujus clientelares , suo de nomine nuncupatos : milites seil . s. petri , s. pauli ; milites — julii , pii , lauretanos , &c. morem denique imperatores turcici amplexi sunt , ex quo selnnus truculentus ille gentilem belinum egregium pictorem ( constantinopolim accersitum , ut aulam regiam depingeret ) torque & codicillo militiae donavit . quaeritur autem an legitimus hic miles ? sunt enim qui negant : & mihi quidem videtur legitimus ( ut juliani olim milites ) sed in militiam conscribi turcicam , non christianam . de principe excommunicato dignitatem conferente , pariter judi●andum canonicis . judices sub equitum appellatione censeri : scil . equites esse palatinos . apud romanos , judices omnes qui non erant senatores , ex equitibus legebantur , & equestribus igitur innotuerunt symbolis , annulo , equo , & angusto clavo . in equitum vero appellatione non sunt cogniti vulgariter , quod minor haec dignitas sub majori illa delituit . tametsi judicum non equitum nomina ferrent ( inquit alexand. ab alex. ) tamen equestris fuisse ordinis , & inter equites — , haud dubium est . qui in provinciam itaque sub impp. missus est judex ; militum more alias chlamyde donabatur , ut apud cassiodorum videas lib. . variar . ca. . alias gladio instruebatur , ut lib. . ca. . in formula comitivae provinciae : gladio ( inquit ) bellico rebus paratis accingitur : sed addit inferius ; arma ista juris sunt , non furoris contra noxios instituta , ut plus pavor corrigat quam paena consumat — civilis est pavor iste , non bellicus , &c. haec apud romanos ; & passim similiter . cum enim populis omnis borealis ( ad exemplum germanorum ) nihil facerent non armati ; magistratus omnis & potestas judiciaria penes militares retinebatur , ut in wisegothorum ll. lib. . tit. . ca. . animadvertas , & in caeteris pluries antiquis legibus . divisus enim tune populus in militares & agricolas : his autem illos jus dixisse , clarum est ex tacito . cinguntur ●g●tur judices , ne non milites haberentur ; sed palatini non castren●●s : quos sie distinguit vetus quidam apud balbum : miles pungit equum , sed judex judicat aequum : intellige ; miles castrensis pungit equum ; sed miles forensis seu palatinus , i. e. judex , judicat aequum . de palatino milite sic fulbertus carnotensis in hymno paschali resp . § . . pa. . ipsum canendo supplices regem precemur milites , vt in suo clarissimo nos ordinet palatio . hinc & judex , miles justitiae nuncupatur : quod nostro tempore ( inquit balbus ) potest esse una dictio composita , & tunc pertinet ad quoddam officium reddendi justitiam . sed quando sunt duae partes , miles justitiae dicitur quicunque est miles justus . conradi igitur faburiens . vocabulo dicatur miles justicus , ut sic à justo distinguatur . videtur froissardus lib. . ca. . hunc militem justitiae , chevalier de loix , militem juris , appellare . de tribus locutus militibus , quos chevaliers vocat : dont les deux ( inquit ) estoient d' armes , & le tiers de loix : les deux chevaliers d' armes estoient monsieur robert le clermont gentil & noble grandement ; l' autre le signeur de constan : le chevalier de loix estoit monsieur simon de bussy , quem gulielmus de nanges ejus aequalis dicit fuisse conseiller au grand conseil , i. e. à consiliis privati consilii regis , & primus praeses parliamenti . ( e carolo loyseau pa. . ) dicuntur & juris isti milites apud auctorem de la romant de la rose , chivaliers de la lecture , milites lectionis . qui veultu pur la foy defendre , quelque chevalerie emprendre , ou soit d' armes , ou soit de lectures , ou aultres convenables cures . de loco & tempore creationis . locus quo facti sunt olim milites non solum solennis fuit propter rei dignitatem ; sed etiam sacer : templum , ecclesia , capella ; & in istis pars praecipua , coram altari . prementeque aliquando turba ( ut in edouardi i. illis de quibus diximus ) super ipsum altare . exemplis scatent , quae narravimus . tantae etiam solennitati dabatur utique solenne tempus . ludovicus pius imp. ab episcopis cingitur die dominica in ecclesia s. dionysii . thegan . pagg. . & . sed ad multorum cincturam statuebatur è grandioribus festum aliquod , quo ad aulam confluentibus regni magnatibus prodire rex solebat fastu regio coronatus publice , ut in natali domini , paschate , & pentecoste . sic henric. i. gaufridum generum suum cum coaevis in festo pentecostes rothomagi auctoravit . henricus iii. alexandrum regem scotiae & . alios ad natale domini , eboraci . edouardus i. edouardum filium suum primogenitum & . alios ad festum etiam pentecostes , ut praedicitur . praeter haec , & insignes vestimentorum apparatus , lautissimis amicos excipiebant conviviis ; ludisque equestribus & mavortiis tyrocinii coronabant festivitatem . unde vetus illa lex , ut auxilium domino vassalli suggerant ad sumptus obeundos in filium primogenitum faciendo militem . contra morem igitur antiquum est , quod hodie nonnulli jactant , se creari in procinctu vel sub dio milites ; alios scioli vellicantes , qui in regia ( sub tapete , aiunt ) constituti sunt . sed horum est manu praestare potius quam mente ; marte quam minerva ; veritas è praemissis liquet . de auxilio quod diximus suggerendo , illud apud nos observandum est , ut poscatur solummodo ad filium primogenitum militem faciendum ; haud tamen antequam aetatis annum . exegerit . nec tum ( ut olim aliquando ) ad libitum domini ; sed modo & quantitate constitutis : hoc est , . sol . sterlingorum de quolibet feodo militari , & tantundem pariter de quolibet . libratu praedii rustici , quod soccage vocant . haec , statuto westm . . ca. . an. . edw. i. et iisdem rex conclusus est limitibus , stat. an. . edw. iii. cap. . de censu militari . olim ingens fuit turba militum , ut ex eo liqueat , quod militaris census ( feodum vocant ) centenis tantum solidis aestimaretur : tum vero quod hujusmodi feodorum sexaginta millia supra in anglia numerata fuerint , licet singula singulis non conferrentur . patrimonia vero fuisse videantur justorum militum sub illis seculis . vetus enim jus nostrum alios non agnovit milites , cum relevium comitis . libris ; relevium baronis , . marcis ; & relevium militis , . solidis , definiverit : id est , juxta unius anni valorem sui feodi exemplo quod in lib. de feudis reperitur . et videtur insuper ad militiae apparatum tunc evocari , quotquot liberi & ingenue tenentes , de praediis , centum annuatim numerabant solidos . crescente vero rerum pretio , henricus iii. evocari tantum jubet , qui . libratas terrae habebant , ut parisu utar verbis in an. dom. . anno . regni ejus , qui . libratas terrae possidebant . chron. hollinsh . pa. . col . . edouardus i. anno suo primo , hos qui . libratis gaudebant . stat. de milib . henricus viii . regni sui . illos solum qui . libras de censu praediali percipiunt . stow. pa. . modus exauctorandi militem ; quod degradare mincupatur . degradatur miles , ademptis per ignominiam judicialiter suae dignitatis symbolis : ut caeteri omnes gradu quolibet insigniti . ut enim ascribi in militiam nemo potuit non legitime ; sic nec solvi a militia . solutionem autem missionem vocabant romani ; & haec erat triplex , honesta , causaria , & ignominiosa . ff . de his qui no. infa . l. . § . ignominae . honesta , cum miles consueta stipendia meruisset ; quae erant in praetorianis cohortibus , annorum . in aliis , . tacit. annal. lib. . & l. a. de veteran . cod. theod. & cod. just . l. . veteran . fol. . d. causaria , quae propter valetudinem à laboribus militiae solvit . ff . de his qui no. infa . l. . § . ignominiae . ignominiosa , quae in ignominiam militis facta est ; & duplex suit . . cum is qui mitteret , adjiceret nominatim ignominiae causa se mittere : semper enim ( inquit lex ) deb●t addere cur miles mittatur . . sed si eum exauctoraverit , id est , insignia militaria detraxerit , inter insames efficit , licet non addidisset ignominiae causa se eum exauctorasse . ( ibid. fol. . b. v. § . seq . de insamis quid . &c. ) hoc illud missionis genus est , cui nos jam incumbimus ; dabimusque igitur celebre exemplum ejus ex herodiano de severo imperatore ; praetorianos omnes milites qui pertinacem imp. trucidaverant , pro tribunali in campo sedente , recingendos exauctorandosque decernente . post latam sententiam , e vestigio ( inquit herodianus ) milites illirici concurrunt ; praetoriamsque breves illos gladios detrabunt , quos auro argentoque ornatos in usum pompae suspensos habebant . tum zonis , vestituque , & caeteris militiae insignibus per vim ablatis , nudos ad unum exauctoratosque dimiserunt . in severo sect. . pa. . to. . ignominiae causa missis neque in urbe , neque alibi ubi imperator est , morari licet . ( ff . de his qui not . intam . § . miles . fol. . ) inde aemilius macer , qui ignominia missus est , neque romae , neque in sacro comitatu agere potest . ( in l. milites . § . ignominiosa , ff . de re milit . ) hinc exauctorandi nostri militis aurati caeremonia . auctorari autem dicitur , cum quis ad aliquid faciendum obligatur , ut miles ad militiam , &c. exauctorari hic igitur est , ab obligatione militari solutum esse : quae solutio & dignitatem tollit , & annexa privilegia . vulgo dicitur degradatio , quia gradum tollit . fit igitur omnis exauctoratio seu degradatio , auferendo per ignominiam judicialiter ipsa eadem insignia , quibus collata est dignitas vel gradus ; cum in secularibus tum in ecclesiasticis ; ut sigillatim ostenderem , si prolixitatis non puderet . sequemur igitur quod in thesi est ; & omissis romanorum exemplis , recentiora quaedam proferemus . memorabilis est prae caeteris omnibus male-sana illa exauctoratio ludovici pii imperatoris christianissimi ab episcopis an. dom. . compendii perpetrata : longa est injuria , longae ambages ; quas in auctoribus illius seculi , & nominatim in libello ; qui tegano subjungitur , exauctoratio ludovici pii nuncupato , fuse legas . coëgerunt autem mitissimum principem ( ut recentius angli ricardum ii. ) reatuum quos imposuerant articulis subscribere , poenitentiamque cum tristissima confessione profiteri . post hanc confessionem ( inquit auctor ) chartulam suorum reatuum , & confessionis , ob futuram memoriam sacerdotibus tradidit , quam ipsi super altare posuerunt : ac deinde cingulum militiae deposuit & super altare collocavit , & habitu seculi se exuens , habitum poenitentis per impositionem manuum episcoporum accepit ; ut post tantam talemque poenitentiam , nemo ultra ad militiam secularem redeat . p. . & seq . vides hanc exauctorationem retrograde fieri eisdem vestigiis quibus sub hoc seculo ipsa facta est militis ( ut loquuntur ) creatio seu auctoratio . a viris ecclesiasticis , in ecclesia , coram altari , praemissis confessione & poenitentia , solutione cinguli militaris , ejusdemque repositione super altare unde in auctoratione desumptum fuit ; exuto etiam demum seculari , hoc est militari , habitu , ut nunquam postea ad militiam esset redeundum . haec de morbo illius tempestatis : recolitur tamen imperator denuo & cingulo militari ab ipsis episcopis ( ut supra diximus ) & omnibus aliis suis insignibus . exauctoratur & circa hoc tempus , paulo anterius , odo quidam ludovici familiaris , armis scil . ablatis , ipsoque in exilium deportato . vit. lud. pii , p. . notandum autem est , sub voce cingulum , intelligenda arma omnia , & ipsam militandi facultatem : eoque sensu in historiis , conciliis , & jure caesareo passim occurrere cingulum tollere , amittere , perdere , & hujusmodi . accedo ad viciniora , & nostratia . andreas harkela miles auratus & comes carliolensis , sub an. dom. . seu . edw. ii. reus agitur coram gausrido de scrope summo justitiario regii tribunalis ( ut quidam perhibent , ) vel antonio de lucy ( qui eum comprehenderat ) ut alii referunt ; recte coram utroque , de re anglorum scoto prodenda . cumque lata esset sententia , ut spoliatus tam comitiva dignitate quam militari , morte pro more traditoris afficeretur : statutus est ad repagulum tribunalis , ocre●s , calcaribus , pellito collobio , vestibusque aliis comitivis indutus . prodiens tunc , ex mandato antonii , ribaldus quidam , calcaria primum ab harcleae calcibus detruncat ; fractoque super capite ejus comitivo gladio , quem in custodiam tutelamque comitatus rex ei praebuerat , vestibus spoliat & cingulo militari . spoliatum denique sic alloquitur antonius . ribaldus jam efficeris & tu ipse andreas , qui nuper miles fueras & vir dignitatis . proditionem vero suspendio lues , tractus , evisceratus , & intestinis crematis , quadrifariam dissectus , capiteque minutus , &c. codex vernac . ms. ca. . specimen aliud habes à radulpho de grey , qui cum fidem regi edouardo iv. juratam fefellisset ; captusque postea , in castello bamburgensi supremam subiturus esset sententiam ; comes worcestriae constabularius angliae pro tribunali sedens , reum his affatur : radulphe , statuerat rex tuae proditionis ergo , ut calcaria tibi juxta ipsos calcaneos ab archimagiro ( quem praesto hic vides praecinctum lint●o , & instructum cultro ) discuterentur . adsunt etiam ex mandato regis ( ut ipse hic vides ) rex armorum & heraldi alii cum tunica insignium tuorum militarium , quam à corpore tuo dilacerantes avellerent , ut tam nobilitatis tuae & insignium gentilitiorum spoliareris , quam dignitatis tuae militaris . en & alia tunica tuorum armorum reverso ordine depictorum , qua ad supplicium raptus induereris , tanquam ex jure ad te pertinente . degradationem tamen tuam à militari dignitate , armorumque & nobilitatis tuae ademptionem remisit & pepercit tibi rex ; corum memor , quae praeclarus avus tuus in causa illustrissimorum praedecessorum ipsius regis passus est . lato tandem judicio , ad supplicium tractus est truncatusque capite , ut stowus refert : sed ut fabianus , tractus , suspensus , & quadripartitus , an. dom. . regis . consedente pro tribunali regio in aula westm . d. thoma howard comite arundelio summo angliae comite marescallo , auream ferente muneris sui virgam , adjunctis a dextra & à sinistra — franciscus à ministro ad repagulum curiae adducitur , & parte interiori super scamno collocatur è regione d. marescalli ; stans & vestitu quo solet palliatus , sed ocreis & calcaribus auratis indutus , gladioque cinctus qui per baltheum coriaceum à dextro humero ad sinistrum dependebat latus . facto silentio legebatur publice ab heraldo libellus , reatum suum & sententiam inferioris conclavis parlamentarii continens . quo finito , corrigia calcariorum ejus discidit — ; arreptaque calcaria projiciebat in aulam : deinde discidit baltheum , curavitque ut gladi●s in terram caderet : quia in militaribus exercitiis lateri ignominiae sit , si qua pars armorum ad terram ceciderit ; ideoque heraldorum juris est . finis . historia familiae de sharnburn . e veteri ms. recensuit d. henricus spelmannus . hen. spelmannus lectori . non vulgare vides monumentum ; forte videbis haud duo praeterea talia , siqua vides . no vulgar monument you see , scarce two the like you 'l find , if any one you do . historia familiae de sharnburn . longo tempore post adventum saxonum paganorum in angliam , fuit quidam thokus qui fuit paganus dominus de integra villa de shenebruina , & habuit unam filiam , quam dedit cuidam homini strenuo vocato ingolf ; & cum ea dedit ei totam terram & mariscum quod ipse habuit versus occidentem praedictae villae de shenebruina usque mare , ubi ipse ingolf quandam villam fecit , & vocavit illam nomine suo ingolfestorp . et sanctus foelix quando venit de burgundia per consilium honorii archiepiscopi cantuar. applicuit in partibus estanglorum quae postea dicta fuit norfolchia & suffolchia , & convertit ad fidem eorpwaldum regem illius patriae & baptizavit eum , viz. an. dom. ..... et postea per licentiam praedicti eorpwaldi regis ivit per mare versus partes occidentales illius patriae , & applicuit apud babynglee , & convertit ad fidem dominum & omnes homines illius terrae , & fecit ibidem aedificari unam ecclesiam , quae fuit prima ecclesia illius partis norff. et deinde ivit ad shenebruinam & baptizavit praedictum thokum , & omnes homines suos , & praecepit ei ut ipse faceret ibi unam ecclesiam , & fecit ibi unam parvam ecclesiam de meremio , quae vocabatur per longum tempus le stoke chappel , & postea fuit dedicata per praedictum sanctum foelicem in honorem apostolorum petri & pauli , & sic fuit illa ecclesia in shenebruina secunda ecclesia illius partis norff. & ita fuit praedictus thokus effectus christianus , & tota vita sua fuit dominus de integra villa de shenebruina , & haeredes ejus similiter post eum fuerunt domini ejusdem villae usque canutus rex danorum conquestus fuit angliam . quo tempore quaedam puella de progenie praedicti thoki , & haeres sua linealiter descendendo fuit domina de integra villa de shenebruina praedicta , quae desponsata fuit cuidam edwyno , qui venit in angliam cum praedicto canuto rege daniae , ut patet in sequenti . edwinus dacus venit de dacia ( i. e. denmark ) in angliam cum canuto rege danorum anno domini millesimo xiv . quando ipse canutus debellavit cum edredo rege angliae , & post mortem praedicti edredi ipse canutus pluries pugnavit cum rege edmundo ironsyde filio praedicti edredi , & ad ultimum concordati fuerunt , ita quod praedictus edmundus haberet totam angliam ex parte australi thamysiae , & praedictus canutus haberet aliam partem angliae ex parte boriali praedictae thamysiae , quo tempore idem canutus dedit praedicto edwyno villam de neteshamia integram cum toto dominio integro & plures alias terras in comit. norff. et similiter dedit ei unam planiciem non cultam sed vastatam , versus orientem à praedicta villa per sex miliaria anglicana , ubi idem edwynus invenit quendam collem , & hogum petrosum , & ibi ipse incipiebat aedificare quandam villam & vocavit illam stonhogia , quae postea vocabatur stanhowe . et postea ipse edwynus desponsavit quandam puellam , quae fuit domina de integra villa de shenebruina ; & cito postquam desponsabat illam ipse cepit praedictam villam , quam habuit cum uxore sua de canuto rege , tenendam de ipso insimul cum donationibus , quas illi prius dederat ; & sic fuit ipse edwynus dominus integrè de praedictis villis , & obtinuit omnia praedicta in pace quousque willielmus bastardus dux normannorum cepit angliam super haraldum regem , qui coronatus fuit rex apud westm . an. dom. millesimo lxvi . et post coronationem ipse dedit diversas terras in anglia diversis hominibus , qui secum venerunt in auxilio ad angliam conquirendam . inter quas dedit willielmo de albeney pincernae suo , & willielmo de warennia forestario suo diversas terras , & dominationes in comit. norff. & alibi in anglia : & praedicti willielmus pincerna , & willielmus de warennia , & omnes alii qui venerunt cum praedicto conquestore ejecerunt diversos homines infra dominationes suas omnibus de terris , & dominationibus suis ; inter quos praedicti willielmus pincerna , & willielmus de warennia ejecerunt praedictum edwynum de praedictis duabus villis , & omnibus aliis terris , & dominationibus suis . propter quod idem edwynus , & alii quidam qui ejecti fuerunt abierunt ad conquestorem , & dixerunt ei , quod nunquam ante conquestum suum , nec in conquestu suo , nec post fuerunt contra ipsum regem in consilio & auxilio , sed tenuerunt se in pace , & hoc parati fuerunt probare , quomodo ipse rex vellet ordinare , propter quod idem rex fecit inquirendum per totam angliam , si ita fuit , quod quidem probatum fuit ; propter quod idem rex praecepit ut omnes illi qui sic tenuerunt se in pace in forma praedicta , quod ipsi retinerent omnes terras , & dominationes suas adeo integre & in pace , ut unquam habuerunt & tenuerunt ante conquestum suum , & quod ipsi imposterum vocarentur drenges ; super quod idem rex ad sectam praedicti edwyni mandavit praedictis willielmo pincernae , & willielmo de warrenia quod ipsi deliberarent praedicto edwyno omnes terras , & dominationes suas ex quibus ejecerunt eum , qui inde nihil voluerunt facere ; sed praedictus willielmus pincerna dedit eidem edwyno unum messuagium , ccc . acras terras , & tres faldas in snetesham , qui inantea vocabatur netesham tenendas de eodem willielmo pincerna per certa servitia & retinuit ad opus suum & opus willielmi de warrenna residuum praedictae villae de snetsham , unde ipsi feoffaverunt alios de hominibus suis qui secum venerunt de normannia . et praedictus willielmus de warrenna dedit similiter eidem edwyno unum messuagium , cccc . acras terrae , & quatuor faldas in sharnebourne cum dominio ejusdem villae quae inantea vocabatur shenebruina tenendas per certa servitia de cadem willielmo de warrenna , & retinuit ad opus suum residuum ejusdem villae de sharneburn cum advocatione ecclesiae , unde ipse feoffavit alios de hominibus suis qui secum de normannia venerunt . et post istas dominationes factas praedicto edwyno per praedictos willielmum pincernam , & willielmum de warrenna , dominus rad. de ●or●neys qui similiter venit in angliam cum praedicto conquestore , & cui idem rex dedit terram de suthm . cum membris in comit. norff. cepit praedictum edwynum , & ipsum incarceravit , perque longum tempus in prisona detinuit , quousque idem edwynus evasit per noctem extra prisonam , & abiit praedicto willielmo pincernae , & fecit ei querimoniam de injuria sibi facta , & supplicavit ●i ut ipse posset tenere de illo praedictam villam de stanhowe , qui noluit , sed ipse cum willielmo de warrenna ceperunt praedictam villam de stanhowe , in manibus suis & praedictus willielmus pincerna dedit praedicto edwyno unum messuagium , cccc . acras terrae & quatuor faldas in praedicta villa de stanhowe tenendas de eo per servicium xld. per annum , & residuum ejusdem villae de stanhowe cum advocatione ecclesiae retinuit ad opus suum & ad opus willielmi de warrenna qui inde feoffaverunt alios de hominibus suis qui secum venerunt de normannia , ut supradictum est . et postea idem willielmus pincerna mandavit in normandiam pro una filia bastarda sua , quam ibi procreavit ante adventum suum in angliam & illam dedit a●●euro filio praedicti edwyni , & per hoc fuit idem edwynus in pace tota vita sua , ita quod nullus ausus fuerit postea ei injuriam facere nec damnum . et praedictus edwynus cito post praedictum maritagium obiit in senectute sua post multas tribulationes suas tempore praedicti regis willielmi conquestoris . de quo asceurus , ut supradictum est , qui desponsavit filiam willielmi pincernae bastardam , ut supradictum est , & tenuit totam haereditatem suam in pace post mortem praedicti edwyni patris sui , & obiit in senectute sua in ultimis annis regni regis stephani . et ipse asceurus procreavit de uxore sua praedicta tres filios & plures filias , & ipse asceurus divisit praedictis tribus filiis suis totam haereditatem suam . de quibus galfredus filius praedicti asceuri primogenitus desponsavit etheldredam filiam rogeri de dersyngham , & ipsa fuit pulcherrima domina , quia inantea ipsa desponsabatur domina fulconi de sharneburn , & similiter post mortem praedicti galfredi illa domina desponsabatur domino rogero rustengs , ut patet alibi , & iste galfredus suit capitalis seneschallus willielmi comitis arundelliae , filii praedicti willielmi pincernae , de omnibus terris suis tam in anglia quam in normannia . et idem galfredus procreav it de praedicta etheldreda uxore sua tres filios & tres filias , ut patet inferius , & idem galfredus obiit die sanctae agathae virginis , tempore regis henrici secundi filii matildis imperatricis , & praedicta domina etheldreda obiit die sancti cuthberti tempore regis johannis . ricardus secundus filius praedicti asceuri desponsavit amiciam filiam ..... de lynnea veteri in partibus mershlandiae ex parte occidentali ripae , & cum illa habuit ibi magnam haereditatem , de quibus robertus , qui vendidit totam haereditatem , quam habuit in partibus mershlandiae antecessoribus jacobi baynard ; de quo roberto exivit ricardus , de quo robertus , de quo petrus , de quo sabina & petronella , & plures filii & filiae , & praedicta sabina desponsata fuit johanni filio philippi pynchom de castle-rising , & praedicta petronella nupta suit johanni filio radulphi panton de dockyngs . robertus tertius filius praedicti asceuri obtinuit multa beneficia ecclesiastica in diversis locis cum decanatu lenniae , & habuit tres filias . unde prima filia desponsabatur cuidam willielmo filio radulphi de snetesham , & secunda filia nupta fuit cuidam hamundo de snetesham ; & tertia filia nupta fuit cuidam waltero de snetesham . et de praedictis willielmo filio radulphi , & uxore sua filia praedicti roberti filii asceuri exivit radulphus , & plures filii & filiae , de praedicto radulpho secundo exivit willielmus , de quo quaedam puella quae nupta fuit galfredo de say de dersyngham , de quibus galfredus de say , qui vendidit totam haereditatem , quae ei descendebat post mortem matris suae , cuidam hervio vnderburg de bennham & aliis hominibus de snetesham , & de praedictis hamundo & uxore sua secunda filia praedicti roberti filii asceuri exivit galfredus , de quo alanus , de quo galfredus , de quo wymerus , de quo robertus wymer , qui vendidit totam haereditatem suam in snetesham , sharneburn , & dockyng domino johanni de ingoldesthorp & aliis hominibus . et de praedictis waltero & uxore sua tertia , filia praedicti roberti filii asceuri exivit galfredus , de quo galfredus , de quo johannes , qui vendidit totam haereditatem suam in stanhowe andreae de sharnebourne secundo & totam haereditatem suam in snetesham , & sharneburne vendidit aliis diversis hominibus de quo thomas bulwer de snetesham . modo dicendum est de etheldreda quae fuit uxor galfredi filii asceuri ; rogerus de dersyngham fuit quidem homo dives ex nobili progenie & habuit unum filium , qui vocabatur robertus de dersyngham post mortem patris sui , & unam filiam pulcherrimam quae vocabatur etheldreda , & dominus fulco de sharnebourn in equitando versus lennam vidit illam stantem juxta viam in dersyngham , & ipsam concupivit propter pulchritudinem suam , & tam cito quam ipse rediit in domum suam ipse mandavit praedicto rogero , ut ei vellet dare praedictam etheldredam filiam suam in uxorem . quo letaliter concedente & cum ea multam pecuniam promittendo , dictus dominus fulco ipsam desponsavit & ex eadem etheldreda procreavit dominum eudonem de scharnburn , & plures filios & filias . et de ipso eudone exivit galfredus & plures filii & filiae , & idem galfredus desponsavit rosamundam filiam will. filii roberti de ingoldsthorp consanguineam domini thomae de ingoldstorp senioris , de quibus will. & plures filii & filiae , de quo galfredus & plures filii & filiae , de quo willielmus , thomas & johannes & duae filiae , & praedicti willielmus , thomas & johannes obierunt , & praedictus willielmus post mortem filiorum suorum dedit domino andreae de sharneburn quarto totam haereditatem suam . et post mortem praedicti domini fulconis praedicta domina etheldreda desponsabatur galfrido filio asceuri , ut supradictum est , qui ex ea procreavit tres filios & quatuor filias , ut patet inferiu● . et post mortem praedicti galfredi filii asceuri praedicta domina etheldreda desponsabatur tertio domino rogero de rusteyng , qui fuit capitalis senescallis willielmi comitis arundelliae tertii , & idem rogerus antequam desponsavit praedictam etheldredam factus fuit miles in terra sancta de jerusalem tempore regis ricardi de manu praedicti domini willielmi comitis tertii . et post reditum suum de jerusalem ipse desponsavit praedictam etheldredam , ut supradictum est , qui ex ea procreavit dominum willielmum & plures filios & filias . it de ipso willielmo exivit dominus willielmus secundus , & dominus rogerus rusteyngus rector ecclesiae de ingoldsthorp & freyngz . et de ipso willielmo secundo exivit willielmus tertius & quatuor filiae , videlicet . milicentia prima filia , quae desponsata fuit domino reginaldo de sancto martino fundatore canonicorum de hempton . alicia secunda filia desponsata fuit domino waltero de wygenhall . margareta tertia filia desponsata fuit domino johanni de vvedale . beatrix quarta filia desponsata fuit gilberto de tuckwell . ●t praedicta domina etheldreda post mortem praedicti domini rogeri viri sui nunquam fuit desponsata , & ipsa vixit sola ad totam vitam suam sine viro. et obiit die sancti cuthberti tempore regis johannis . modo dicendum est de filiis & filiabus galfredi filii asceuri & praedictae etheldredae uxoris suae . dominus alanus fuit primus filius praedictorum galfredi & etheldredae , & factus fuit miles in terra sancta de jerusalem tempore regis ricardi de manu comitis willielmi arundellii tertii , eo tempore quo dominus rogerus rusteyng secundus fuit miles , & cum eodem alano fuit ibidem tune temporis petrus frater praedicti alani . et idem dominus alanus in tota vita sua non habuit uxorem nec exitum , nisi unum filium bastardum , qui vocabatur robertus de sharneburn , & aliquando robertus filius alani de sharneburn communiter robertus de hall ; & idem dominus alanus obiit tertio die junii tempore regis ricardi . dominus andreas secundus filius praedictorum galfredi , & etheldredae factus fuit miles in terra sancta de jerusalem tempore regis johannis de manu willielmi comitis arundelliae quarti . et post reditum suum de terra sancta ipse desponsavit susannam filiam domini benedicti de ang●ivilla , domini de westnewton , suyton & herlyngs , & cum praedicta susanna ipse habuit totam tertiam partem totius haereditatis praedicti benedicti , sed nullum exitum habuerunt inter ipsos , propter quod ipse non tenuit praedictam tertiam partem nisi ad totam vitam praedictae susannae ; & post mortem ipsius susannae idem dominus de andreas desponsavit aliciam quae fuit uxor sylvestris de risinges , sed nullum exitum habuerunt inter ipsos . et praedicta domina a●●cia super vixit praedictum dominum andream virum suum , & ibidem dominus andreas obiit die sancti alphegi episcopi , anno dom. millesimo cc. xlix . & regni regis henrici filii regis johannis xxxiv . et sepultus est apud sharneburn in capella coram altarem beatae mariae , prope parietem australem . petrus tertius filius praedictorum galfredi & etheldredae in redeundo de terra sancta de jerusalem cum domino alano fratre suo remansit retro praedictum alanum in francia cum quodam magno domino illius patriae , qui non habuit haeredem nisi unam filiam pulcherrimam , quam praedictus petrus incipiebat amare , & illa consentiente eidem petro * & tempore praedicti amoris pater puellae praedictae obiit , & sic illa puella remansit sola , & sine consilio nisi de matre sua . quo tempore dictus dominus andreas de sharneburn frater praedicti petri , antequam ipse factus fuit miles , ivit in terram sanctam de jerusalem , cum willielmo comite arundelliae quarto , & venit in illa parte franciae ubi praedictus petrus remansit , & fecit ipsum ●re secum in terram sanctam , & post reversionem praedicti andreae idem petrus remansit cum praedicta puella & matre sua . quo tempore ipsa puella fuit praegnans per praedictum petrum , & peperit unam filiam , & in secundo anno postquam praedicta puella fuit deliberata de filia sua praedicta , idem petrus audivit dicere , quod susanna , quae fuit uxor praedicti andreae fratris sui , fuit mortua sine liberis , propter quod ipse petrus desideravit ire in angliam ad fratrem suum ; & venit ad praedictam puellam , & petiit licentiam ab ea , ut ipse possit redire in angliam ad loquendum cum fratre suo , & illa ei concedit licentiam malevole , & tristi corde , & dixit praedicto petro , modo scio bene , quod quam citius venies ad hospitium habebis me in oblivione , & tibi capies aliam uxorem ; & idem petrus dixit quod non , & hoc affirmabat per juramentum & fidem suam dando , & tunc illa dixit tali conditione expectabo te per septem annos , ita quod non capiam maritum nec ullum virum donec praedicti septem anni erunt elapsi . et tunc idem petrus rediit in angliam , & antequam ipse perventus fuit ad hospitium , praedictus dominus andreas desponsavit aliciam , quae fuit uxor sylvestri de rysinge , qui receperunt praedictum petrum letanter , & cum magno gaudio : & post pusillum idem dominus andreas & alicia uxor ejus dixerunt eidem petro , ut ipse desponsaret ceciliam filiam praedictorum sylvestri & aliciae , & ipse nullo modo voluit consentire , nec concedere , propter quod idem dominus andreas multum irascebatur versus praedictum petrum , & dixit ei , si nollet ipsam ceciliam desponsare quod nunquam deberet esse haeres suus post mortem suam . et quia praedictus petrus bene sciebat , quod praedictus dominus andreas & domina alicia nunquam habuerunt haeredem de corporibus eorum , & ipse timuit quod idem dominus andreas in ira sua ipsum dishaeredaret , ipse desponsavit praedictam ceciliam tali conditione quod nunquam dishaeredaretur , & praedictus andreas hoc concedens , & per juramentum affirmans dedit ei , & praedictae ceciliae uxori ejus situm manerii sui in snetesham , & terram suam in eadem villa de snetesham . et praedictus petrus genuit de praedicta cecilia quinque filios & unam filiam , ut patet inferius . et praedictus petrus post mortem praedictae ceciliae rediit in franciam ad praedictam puellam , quam ipse prius amabat , & quam citius ipsa puella ipsum vidit dixit ei , quod ipse fregisset conventionem quam ipse secerat , quia septem anni fuerunt translati multo tempore elapso ; & dixit , bene scio quod duxisti uxorem ; & ipse respondit quod non haberet uxorem , sed non potuit denegare , quod ipse habuit uxorem quae mortua est , & dixit quod hoc fecit per cohortationem ratione dishaeredationis suae , & tam cito quam ipsa hoc audivit juravit , quod nunquam caperet ipsum nec alium virum , sed ipsa viveret sola sine viro tota vita sua , & maritaret filiam suam , quam ipse petrus procreavit ; & idem petrus hoc audiente juravit similiter , quod ipse nunquam haberet uxorem ; sed solus viveret sine muliere tota vita sua , & sic fecit , & postea idem petrus ivit ad comitem de campania , & cum ipso fuit per longum tempus quousque ipse audivit de morte domini andreae fratris sui . quo audito ipse rediit in angliam , & venit apud sharnburn , & ibi vixit tota vita sua cum filiis suis , & obiit vivente praedicta domina alicia , videlicet in vigilia sancti andreae apostoli , anno dom. millesimo cc. lix . & regni regis henrici filii regis johannis xliv . & sepultus est in capella ecclesiae de sharnburn coram altari beatae mariae , juxta dominum andream fratrem suam ex parte boreali . prima filia praedictorum galfredi & etheldredae vocata matildis desponsata fuit domino nicholao filio radulphi dockyng , item dominus ricardus de senges , dominus de berwick , dedit plures terras in dockyng , & alibi in maritagio cum praedicta matilde , de quibus dominus ricardus , de quo dominus nicholaus , de quo ricardus qui vendidit totam haereditatem domino johanni lovel seniori , & aliis diversis hominibus de quo nicholaus of hall , pauper manens apud norwic. secunda filia praedictorum galfredi & etheldredae vocata ..... desponsata suit domino alano filio robert● de ingoldsthorp , de quibus dominus thomas qui vocabatur 〈◊〉 thomas , de quo dominus thomas qui suit vice-comes norff. de ●uo 〈◊〉 johannes , qui suit ad baneram in guerra cum edwardo rege 〈◊〉 de ●●o dominus thomas , de quo dominus johannes , de quo dominus 〈…〉 ingoldsthorp . 〈…〉 praedictorum galfredi & etheldredae vocata ..... desponsata suit 〈◊〉 nicholao de testes , de quibus dominus rogerus , de quo thomas , 〈…〉 patre suo , de quo rogerus ultimus . quarta 〈◊〉 praedictorum galfredi & etheldredae vocata isabella desponsata suit ..... de quibus matildis , quae desponsata suit albino de stamford manenti in 〈…〉 de quibus johannes aubyn de hillyngton , & ricardus aubyn d●●anus de he●●am . modo dicendum est de domina alicia , quae fuit uxor domini andreae de 〈◊〉 de primo viro suo , domina alicia , antequam ipsa desponsabatur domino andrew de sharnburn , desponsata suit sylvestro de rysings cuidam homini diviti multas habens terras in rysings , west-newton & alibi , de quibus cecilia quae desponsata fuit petro de sharnburn , ut patet superius , & quaedam alia filia quae desponsata suit thom●e sorel de oldlynne seniori . et unus filius qui vocabatur willielmus sylvestre , de quo andreas sylvestras manens in congham , de quo cecilia quae desponsata fuit willielmo attechirch de wulfurton seniori , & alicia quae desponsata fuit adae a●ary de sharnburn seniori . et praedicta domina alicia fieri fecit cancellam de sharnburn , & sepulta est in eadem cancella , & ipsa obut tertio idus sept. anno dom. millesimo cc. lx. & regni regis henrici filii johannis xlv . et cecilia quae suit uxor petri de sharnburn obiit xi . cal. oct. modo dicendum est de exitu petri de sharnburn , & ceciliae uxoris ejus . johannes filius praedictorum petri & ceciliae primogenitus obiit sine haerede de se procreato vivente patre suo , vid. vii . idus nov. andreas secundus filius praedictorum petri & ceciliae vivente patre suo desponsavit emmam sororem magistri godofredi de toftes rys , quondam rectoris de hunstanston , de quibus exivit una filia ut patet inferius , & praedicta emma obiit iii. cal. oct. & sepulta est in coemeterio ecclesiae de sharnburn , ex parte australi capellae prope parietem . et post mortem praedictae emmae idem andreas desponsavit christianam filiam domini alani le gross de wodenorton de quibus exivit unus filius , & duae filiae , ut patet inferius . et praedictus andreas obiit vii . kal. julii , an. dom. millesimo cc. lxxxii . regni regis edwardi filii regis henrici x. et sepultus fuit in capella ecclesiae de sharnburn , ad caput domini andreae sub pariete australi . et praedicta christiana post mortem praedicti andreae desponsata fuit edmundo filio domini johannis de gylham de dersyngham , & vixit per longum tempus post mortem praedicti edmundi ; videlicet usque festum sancti lucae evangelistae , an. dom. millesimo ccc . xxxvi . & regni regis edwardi tertii post conquestum decimo . walterus tertius filius praedictorum petri & ceciliae fuit armiger , cum domino thoma rostelyn seniori nobili homine & probo tota vita ipsius domini thomae , & cum ipso fuit ad bellum de lewes & evesham ex parte regis henrici , & edwardi filii sui , & postea idem walterus fuit cum praedicto domino thoma in terra sancta de jerusalem , in ultimis annis praedicti henrici regis in societate praedicti edwardi . et idem walterus post reditum suum de terra sancta procreavit de juliana filia adae rydout senioris unum filium , & tres filias bastardas , ut patet inferius , & postea per longum tempus ipse per cohortationem ecclesiasticam desponsavit praedictum julianam , contra voluntatem suam , quia ipse walterus amabat filiam praedicti domini thomae , quae desponsata fuit domino roberto turtevill , & post mortem ejusdem domini roberti ipsa debuit desponsari praedicto waltero , sed perturbata fuit per praedictam julianam , & post mortem ejusdem julianae ipse vixit solus sine muliere usque in ultimis diebus vitae suae . et quando edwardus rex primus post conquestorem cepit crucem eundo in terram sanctam , ipse walterus cepit crucem , & signatus fuit in carne super humerum dextrum , sed non fecit peregrinationem dictam in vita sua , quia rex non fecit . et postea in ultimo anno vitae suae desponsavit margeriam filiam stephani de geyton , & ex ea procreavit unum filium , ut patet inferius . et eadem margeria supervixit praedictum walterum ▪ per longum tempus , & praedictus walterus obiit pridie cal. octobris , anno dom. millesimo ccc . vii . & regni regis edwardi filii regis edwardi primo , & sepultus est extra capellam de sharnburn , ad caput orientale . et praedicta margeria obiit in pestilencia , videlicet die sabbati idus junii anno dom. millesimo cc. xlix . & sepulta est ad ostium australe ecclesiae de sharnburn . philippus quartus filius praedictorum petri & ceciliae , fuit armiger cum domino hugone peche , & cum ipso fuit ad bellum de lewes , & evesham contra regem & edwardum filium suum , & postea in insulâ de ely cum praedicto hugone , propter quod ipse philippus exulabatur ex anglia , & obiit in francia ad villam , quae dicitur sancta maria de pertico , & ibi duxit uxorem , & suscitavit prolem , & ibi fuit tota vita sua . robertus quintus filius praedictorum petri & ceciliae , fuit armiger cum domino johanne de la hay , & cum co fuit ad bellum de lewes , & evesham contra regem , & edwardum filium suum , & in insula de ely cum praedicto domino johanne , unde postea habuit pacem regis , & venit ad hospitium ad andream fratrem suum , & ibi postea cito obiit sine liberis . alicia filia praedictorum petri & ceciliae desponsata fuit galfredo curtemanche seniori filio galfredi capellani filii briani de snetesham , & antequam desponsabatur decepta fuit , ita quod fuit praegnans de praedicto galfredo , & habuit unum filium bastardum qui vocabatur galfredus curtemanche junior , de quo robertus ..... et post matrimonium illa habuit tres filios & unam filiam , videlicet andreas qui obiit sine haeredibus , robertus , johannes & johanna , quae nupta fuit apud shuldham . de roberto secundo filio in matrimonio exivit willielmus thesaurizarius comit. de warwick . & sex filiae , videlicet alicia , ..... alicia desponsata fuit rogero de london civi coventriae , beatrix , & oliva desponsata willielmo bishop de sharnburn , & johanna ..... et praedictus petrus de sharnburn , habuit plures filios & filias bastardos , quorum nomina ignorantur nisi de tribus filiabus , videlicet etheldreda , christiana , & juliana , quae desponsata fuit galfredo rydout seniori , de quo galfredus , juliana . et praedictus petrus post mortem ceciliae uxoris suae , & domini andreae fratris sui factus fuit miles in senectute sua de manu hugonis de aubeny , pincernae ultimi comitis de integro comitatu arundelliae . modo dicendum est de exitu andreae de sharnburn secundi . andreas de sharnburn secundus de emma prima uxore sua habuit unam filiam , quae vocabatur alicia , quae habuit totam haereditatem praedicti andreae patris sui post mortem fratris sui junioris . et praedicta alicia primo desponsabatur jacobo styward de hulmo juxta mare , & secundo ricardo de gernestone burgensi lenniae , & non habuit exitum de praedictis viris suis ; sed obiit sine haerede de corpore suo , videlicet x. kal. aug. an. dom. millesimo ccc . ix . & regni regis edv. filii regis edv. tertio incipiente . et sepulta est apud lenniam in ecclesia sanctae margaretae , in uno archo ex parte australi . et idem andreas secundus de christiana secunda uxore sua habuit unum filium , & duas filias , videlicet andreas tertius qui non fuit nisi de duobus annis vivente patre suo , & non vixit post mortem patris sui , nisi duobus annis & dimidio , & sic obiit sine haerede de corpore suo procreato , iii. non. dec. an. dom. millesimo ccc . lxxxiv . & regni regis edwardi filii regis henrici xiii . incipiente , & sepultus fuit in capella ad pedes patris sui extra parietem . cecilia filia praedictorum andreae & christinae , obiit sine haerede in puerili aetate sua cito , post mortem patris sui , vivente fratre suo supradicto . christiana filia predictorum andreae & christinae , obiit sine haerede in puerili aetate sua , vivente patre suo . et praedictus andreas secundus , antequam ipse habuit ullam uxorem , genuit unum filium bastardum , vocatum johannem qui multum fuit probus & validus , & qui fuit armiger cum domino johanne ingoldsthorp seniori , & obiit cito post mortem praedicti andreae patris sui sine haerede . modo dicendum est de exitu walt. de sharnburn , tam ante matrimonium quam post matrimonium . walt. de sharnburn ante matrimonium contractum inter ipsum & julianam primam uxorem suam genuit unum filium bastardum nomine petrum , qui obiit ultra mare post mortem patris sui , videlicet ad natales domini , an. dom. millesimo ccc . xvii . & nunquam postea reversus est in patriam , nec habuit uxorem , nec suscitavit prolem . et similiter idem walterus genuit de praedicta juliana , tres filias bastardas ante matrimonium praedictum , videl . rosa quae desponsata fuit adae aymles de holkam , de quibus walterus ..... margareta , quae nunquam habuit virum , sed unum filium bastardum vocatum walterum . agnes quae similiter nunquam habuit virum , sed unum filium bastardum vocatum petrum , de quo hugo . et idem walterus de sharnburn de margeria uxore sua procreavit , unum filium vocatum andream quartum , qui natus fuit vi. kal. nov. an. dom. millesimo ccc . vii . videlicet per quinque dies ante obitum patris sui & anno aetatis ejus xii . desponsavit emmam filiam willielmi gosselyn de snetesham capitalis seneschalli domini roberti de monte alto , domini de castello de rysing & seneschalli cestriae anno aetatis praedictae emmae sexto , videl . die dominica in octab. epiphaniae , an. dom. millesimo ccc . xix . & postea ipse nutritus fuit cum praedicto domino roberto , & domina emma uxore ejus . et postquam ipse andreas fuit plenae aetatis genuit de praedicta emma uxore sua plures filios & filias , ut patet inferius , & eodem tempore ipse fuit armiger , cum domino thoma de brotherton comit. norff. & cum pluribus aliis dominis de norff. in guerris scociae , gasconiae , & franciae , quousque idem andreas die mercurii pridie non. junii , an. dom. millesimo ccc . xlvi . cepit peregrinationem suam versus terram sanctam de jerusalem , & in societate praedicti andreae fuit mauritius de dersyngham , & abierunt per ..... ad insulam de rodes , cum fratre roberto saleyns probo milite hospitalario & mariscallo hospitalis sancti johannis de jerusalem in praedicta insula de rodes , & cum praedictus andreas fuit in partibus illis rex angliae devicit francos apud cressy , & cepit per obsidionem villam de caleys . et tam cito quam ipse andreas venit ad insulam de cipro , remansit cum domino arnaldo vicecount de caremayne , qui ipsum andream & armandum de aspays de villa sanctae mariae podiensis , fecit milites apud sanctum sepulchrum in ecclesia de jerusalem , die sabbati xvi . kal. martii , an. dom. millesimo ccc . xlviii . in praesentia vicecomitis nerbome , & aliorum proborum & nobilium militum de francia , catelonia , & alemannia , & ipse andreas & mauritius fuerunt apud sanctam catherinam , & in egypto toto tempore pestilentiae in anglia . et in redeundo de terra sancta fuit apud romam , anno jubileae quinquagesimo . modo dicendum est de exitu domini andreae de sharnburn quarti , & dominae emmae uxoris suae . andreas quintus filius praedictorum andreae & emmae non vixit nisi per v. dies . item alius andreas filius secundus praedictorum andreae & emmae uxoris suae , qui dictus fuit quintus andreas natus fuit die lunae iv. idus augusti , an. dom. millesimo ccc . xxvii . & ipse fuit armiger ad bellum de cressy , & in obsidione de caleys , cum comit. de warwick , tunc temporis marescallo angliae , & ipse fuit ultra cum praedicto comite usque pestilenciam in anglia , & post praedictam pestilenciam in anglia ipse fuit cum duce lancastriae seneschallo angliae , & cum ipso duce fuit in britannia ad obsidionem civitatis redonis , ubi ipse perculsus fuit de una petra minus grossa in capite suo super bacenetum , unde ipse languebat post ea per unum annum post obsidionem peractam quousque diem suam clausit extremum , & obut die sabbati non. julii , an. dom. millesimo ccg . lviii . anno aetatis ejus xxxi . & sepultus est in capella juxta andream secundum . emma prima filia praedictorum andreae & emmae uxoris ejus nata fuit die lunae iv. kal. aug. an. dom. millesimo ccc . xxviii . & desponsata fuit johanni de la rokele de wymondham , die lunae ix . kal. dec. an. dom. millesimo ccc . xlix . qui suit cum praedicto domino andrea patre praedictae emmae ad obsidionem civitatis redonis in britannia , ubi ipse johannes obiit die jovis vii . kal. feb. an. dom. millesimo ccc . lvi . & sepultus est ibidem in suburgo in ecclesia sancti stephani prothomartiris ad altare beatae mariae virginis juxta crucem ex parte boreali . et praedictus johannes procreavit de praedicta emma uxore sua duos filios & duas filias , videlicet thomas natus die sabbati in festo sancti barnabae , an. dom. millesimo ccc . li. johannes qui non vixit nisi per dimidium annum . agnes nata . ..... willielmus tertius filius praedictorum andreae & emmae , non vixit nisi per duos annos & dimidium . johannes quartus filius praedictorum andreae & emmae non vixit nisi per dimidium annum . alicia secunda filia praedictorum andreae & emmae , nata fuit die sabbati v. kal. nov. an. dom. millesimo ccc . xxxv . & obiit in pestilencia an. dom. millesimo ccc . xlix . & sepulta est apud snetesham , in capella ex parte boreali ecclesiae . robertus quintus filius praedictorum andreae & emmae , natus fuit die veneris vi. kal. jan. an. dom. millesimo ccc . xxxvi . & obiit in eadem pestilencia , an. dom. millesimo ccc . xlix . & sepultus est juxta praedictam aliciam sororem suam . item alius willielmus filius sextus praedictorum andreae & emmae , natus fuit die lunae xi . kal. junii , an. dom. millesimo ccc . xxxix . margareta tertia filia praedictorum andreae & emmae , nata fuit die jovis vii . id. sept. an. dom. millesimo ccc . xl. & obiit in pestilencia praedicta , & sepulta est apud snetesham , juxta praedictum robertum fratrem suum . agnes quarta filia praedictorum andreae & emmae , nata fuit die dominica iii. non. maii , an. dom. millesimo ccc . xlii . & obiit in pestilencia supradicta , & sepulta est juxta praedictam margaretam sororem suam . beata quinta filia praedictorum andreae & emmae , non vixit nisi per unum annum & quarterium . katherina sexta filia praedictorum andreae & emmae , nata fuit die mercurii viii . kal. junii , an. dom. ccc . xlv . christiana septima filia praedictorum andreae & emmae , nata fuit die lunae viii . kal. octob. an. dom. millesimo ccc . xlvii . walterus septimus filius praedictorum andreae & emmae , natus fuit die veneris , iii. id. mar. an. dom. millesimo ccc . liv. finiente . * modo dicendum est de exitu willielmi filii praedictorum andreae & emmae , qui quidem willielmus fuit filius sextus , & haeres praedicti andreae , seniores filii omnes interiere ut supra . willielmus habuit exitum de se legitime procreatum duas filias claritiam & margeriam . claritia fuit desponsata johanni toly , & idem johannes toly , & claritia habuerunt exitum de se legitime procreatum unam filiam nomine margaretam , quae modo desponsata est ricardo elliswyke , & praedicta margeria altera filiarum praedicti willielmi de sharnburn desponsata fuit willielmo champeneys , & habuerunt exitus ; modo iidem willielmus champeneys , & margeria & exitus eorum mortui sunt . item memorandum , quod ric. elliswyke armiger , desponsavit margaretam toly filiam & haeredem johan . toly armigeri de sharnburn , an. dom. millesimo cccc . iv. & anno regni regis henrici quinti quartodecimo genuit filium primogenitum nomine thomam elliswyke , also nomine thomam sharnburn ; praedictus thomas sharnburn genuit johannem sharnburn primogenitum ex jomena uxore sua , &c. ut sequitur . item robertus filius secundus praedictorum ricardi & margaretae , obiit sine haerede . item nicholaus filius tertius praedictorum ricardi & margaretae fuit rector ecclesiae de hedham . item margareta primogenita filia desponsata fiut roberto carwell generoso , & ex ea genuit robertum carwell , & idem robertus carwell junior desponsavit elianoram pynkebek , &c. item thomas sharnburn primus filius praedictorum ricardi & margaretae desponsavit jomonam cherneys , servientem cum domina margareta regina angliae , & ex ea genuit johannem sharnburnum primum filium : & praedictus thomas sharnburn , fuit hostiarius camerae , cum domina margereta regina angliae , & praedicta jomona fuit domicell ..... camerae cum domina margereta regina angliae , & obiit iv. die febr. an. dom. millesimo cccc . lviii . & sepulta est in ecclesia apostolorum petri & pauli in sharnburn , in australi parte sub fenestra in capella ejusdem . johannes primus filius praedictorum thomae & jomonae , natus fuit viii . die julii . an. dom. millesimo cccc . xliv . edwardus secundus filius praedictorum thomae & jomonae , natus fuit viii . kal. junii , & obiit in juvenili aetate septendecem annorum , & sepultus londoniae in pestilencia . thomas tertius filius praedictorum thomae & jomonae , natus fuit tertio non. augusti , & obiit in puerili aetate , & sepultus est in ecclesia apostolorum petri & pauli de sharnburn . * margareta prima & ultima filia praedictorum thomae & jomonae , nata fuit xi . kal. sept. & obiit in juvenili aetate , & sepulta est in ecclesia sanctae margaretae virginis & martyris de lynn episcopi , an. dom. millesimo cccc . xlviii . antonius quartus filius praedictorum thomae & jomonae , natus fuit pridie kal. feb. & obiit in magna pestilencia cum magno sudore , anno aetatis suae vicesimo sexto , an. dom. millesimo cccc . lxxxv . & primo regni regis henrici septimi , & sepultus est londoniae . johannes sharnburn primus filius & haeres praedictorum thomae & jomanae desponsavit annam unam haeredum & filiam domini johannis curson militis , & johannae uxoris ejus de billingsford non. feb. an. dom. millesimo cccc . lxxi . & anno xii . regni regis edwardi quarti , & ex ea genuit duos filios & octo filias , ut patet inferius . johanna prima filia praedictorum johannis & annae , nata fuit iii. kal. apr. an. dom. millesimo cccc . lxxiii . anno xiv . regni regis edwardi quarti . et habuit ante matrimonium robertum sharnburn , & postea nupta fuit gervasio kelfull de sharnburn . henricus primus filius praedictorum johannis & annae , natus fuit die dominica in festo sancti georgii martyris , an. dom. millesimo cccc . lxxiv . margareta secunda filia praedictorum johannis & annae , nata fuit ix . kal. aug. an. dom. millesimo cccc . lxxv . anno edwardi iv. xvi . & obiit juvenis . thomas secundus filius praedictorum johannis & annae , natus fuit idibus sept. an. dom. millesimo cccc . lxxvi . anno regis edwardi iv. xvii . jomona tertia filia praedictorum johannis & annae , nata fuit xvii . kal. jan. an. dom. millesimo cccc . lxxvii . anno regni edwardi iv. xviii . & sepulta est in sharnburn . anna quarta filia praedictorum johannis & annae , nata fuit kal. mar. an. dom. millesimo cccc . lxxviii . anno regis edwardi iv. xix . & fuit monacha professa in comit. norff. & obiit ibidem . elizabetha quinta filia praedictorum johannis & annae , nata fuit primo die jan. an. dom. millesimo cccc . lxxx . anno regni edwardi quarti xxi . obiit in juventute , & sepulta est in sharnburn . elizabetha sexta filia praedictorum johannis & annae , nata fuit xvi . kal. dec. an. dom. millesimo cccc . lxxxi . & regni edwardi quarti xxii . et postea nupta fuit edmundo poget de honingham in comit. norff. generoso . alicia septima filia praedictorum johannis & annae , nata fuit iii. idus nov. an. dom. millesimo cccc . lxxxiv . anno secundo regis ricardi tertii . agnes octava filia praedictorum johannis & annae , nata fuit duodecimo kal. feb. an. dom. millesimo cccc . lxxxvii . anno regis henrici vii . iii. & vixit quatuor diebus , & sepulta est in sharnburn . modo dicendum est de henrico sharnburn , primo filio & haerede praedicti johannis sharnburn , & annae uxoris suae . qui henricus cepit in uxorem elizabetham filiam , domini ricardi lewis milite in comit. essex . & habuit ex ea exitum thomam sharnburn , de quo postea , & duos alios filios qui obierunt in infantia sua . hic henricus fuit vir fortis & validus multumque versatus inter aulicos tempore henrici octavi , qui quidem rex ipsum henr. sharnburn singulari quadam gratia & favore amplectens , primo fecit eum militem , deinde le provost marshall , & postea vice-admirallum angliae , misitque cum ad mare navi viris & armis fortiter munita , ut perpulsaret , & a finibus nostris perfugaret piratos & praedones praecipue ex gallica gente , qui eo tempore plurimum praedabantur in oris angliae . in quo negotio viriliter quidem ipse henr. se gerebat quamvis sibi inutiliter successerit . nam post multa a se praeclare ac valide gesta tandem forte incidit in admirallum franciae , cum quo ferocissime & crudelissime habuit pugnam , in qua plurimi ex utraque parte occisi fuerunt , quorum percipuus erat ipse dominus henricus sharnburn , & sic finierunt dies ejus . praedictus autem thomas sharnburn filius & haeres dicti domini henr. sharnburn , jam tunc aetate xviii . annorum erat cum patre suo in navi in praedicta pugna , ubi ingens & insolitus bombardarum sonitus aures suas ita obtudit , ut semper postea per totam vitam surdus remanserit . serviebat tamen illustrissimae principi dominae mariae filiae primogenitae regis henrici viii . & ex ejus familia elegit sibi uxorem nomine elizabetham atwell unam ex ancillis dictae principis , ex qua procreavit unum filium & duas filias , qui omnes in infantia aut puerili aetate mortui sunt . ipsa autem elizabetha uxor dicti thomae sharnburn , in partu unius dictorum liberorum spiritum spiravit extremum xiii . die feb. anno regis henrici viii . xxx . & sepultus est apud sharnburn . sed praedictus thomas brevi tempore post accepit aliam conjugem nomine blitham brampton , filiam johannis brampton de brampton in comit. norff. armigeri , quae peperit sibi quinque filios & duas filias , quorum primus erat christopherus sharnburn qui natus fuit xii . die oct. anno regni henr. viii . xxx v. an. dom. . de quo postea . secundus erat antonius sharnburn qui obiit eodem die quo natus fuit , viz. xxiv . feb. anno regis henrici viii . xxxv . . tertius erat dorothea sharnburn quae nata fuit xx. die nov. anno henrici viii . xxxvii . . quae dorothea primo nupta fuit johanni plumstede de plumstede in comit. norff. generoso , & post mortem dicti thomae nupsit cuidam roberto nichols , & habuit exitum ex utroque marito . quartus erat henr. sharnburn qui natus fuit iv. die apr. anno regis edwardi vi. primo an. dom. . quintus erat thomas sharnburn qui natus fuit xxiii . die sept. edwardi vi. secundo , qui obiit infantulus in ingoldsthorp apud nutricem suam . sextus autem fuit anna sharnburn quae nata erat iii. die novemb. anno edwardi vi. tertio obiit in infantia apud dersyngham , cum nutrice sua . septimus erat antonius sharnburn , qui ortns fuit xx. die mar. anno regni edwardi vi. quinto an. dom. ● . qui obiit etiam tertio die jan. an. dom. ● . anno aetatis suae liii . & quia celibatam degebat vitam nullum ex se 〈◊〉 exitum . praedictus autem thomas sharnburn pater praedictorum liberorum in senectute sua saepe , & vehementer gravabatur ex dolore lapidis in ●enibus & vesica , qui morbus ita vires suas naturales debilitavit & mortem approximavit , ut xxii . die mar. an. dom. . diem clausit extremum . et sepultus est in capella ecclesiae de sharnburn , atque praedicta blitha uxor ejus supervixit eum , & habuit sibi pro termino vitae suae totum manerium de sharnburn , nupsitque cuidam lanceloto smalperd generoso , cum quo degebat pluribus annis & supervixit eum per decem annos , ita ut omnes dies ipsius blithae possunt computari ad octoginta , & sex vel septem annos , obiit autem primo die nov. an. dom. . & sepulta est in capella ecclesiae de sharnburn , loco ubi thomas sharnburn maritus suus sepultus fuit . modo dicendum est de christophero sharnburn , primo filio praedictorum thomae & blithae , qui postquam ad virilem aetatem pervenerat duxit in uxorem annam veere , ex progenie comit. oxon. & consanguineam thomae ducis norff. ex qua procreavit franciscum sharnburn , de quo postea . et praedictus christopherus obiit sexto die julii , an. dom. . anno aetatis suae tricesimo quarto , & sepultus in inferiori parte capellae ecclesiae de sharnb●rn prope parietem . finis . a dialogue concerning the coin of the kingdom : particularly , what great treasures were exhausted from england , by the usurp't supremacie of rome . viandante . selvaggio . viand . * ..... god amend them : but to return to the point that led us into this digression , the excessive price of meat ; i pray let us now leave foreign countries , to look a little into our own ; and tell me what you think to be the cause , that the prices of things do so far exceed the proportion of ancient times . for i have seen in an old evidence , that a good cow was in those days sold for ten or twelve shillings ; and at this day , i dare say such an one will cost thirty or fourty shillings , and so likewise of other things . selv. how sore soever victualers , inn-keepers , taverns , and such like , gripe their guests and travellers ; yet it is worth the examining whether the prices of things be in any notable excess greater than in ancient times they have been . for if we consider the value of the shilling then , with the value of the shilling now ; we shall find that their shilling was in value three of ours . for then , out of an ounce of silver they coin'd but sive groats , and after ( because mony was scarce in the land ) the king caused ten groats to be made of an ounce . so that by this means there grew to be twice as much mony in the land as was afore , and yet never the more of silver . after , in the . of henr. viii . it was enhaunc'd to four shillings the ounce ; and now lastly unto five . so that now our five shillings neither weigheth nor is more worth in silver , than their sive groats of ancient time . and then it followeth by necessary consequence , that the cow that you speak of to be sold for ten shillings , may now be well worth thirty shillings , and yet no difference at all in their prices . for admit , that the custom used in the time of the conqueror , and since also , ( as appeareth by doomsday-book , &c. ) had continu'd until this day ; to receive and pay all summs of mony according unto the weight and touch , without respect of the stamp or coin ; then was the price of your ten shilling cow six ounces of silver , and ours of thirty shillings is so likewise , and not one peny more ; & sic de caeteris . but admit again , that the queen's majesty should reduce her coin to the former rate of sive groats to the ounce , do you think that things would then be sold for so many shillings or pounds , as they now be ? i warrant you , no. then is it the unstable value of our former coins , that so much deceiveth a great number . for look into such things as have always retain'd an uniform content , and you shall find little difference between our and the former times , in giving one of those things for another . for at this day , you may buy a cow for as few sheep as you could then , and a horse for as few cows . the land that was then lett ( with us in norfolk for d. or d. the acre , and now for eight groats or three shillings , was in those days also let for a coumbe of barley , and yet will not now be hired at so great a rate . viand . you have answer'd me beyond my expectation ; but yet not fully satisfy'd me . for tho' i allow you these proportions , yet there remaineth a great diversitie . for i have read , that in old time , a quarter of wheat was sold at london for s. a fat ox for a noble , a fat sheep for d. or d. half a dozen of pigeons for a peny , a fat goose for d. a pig for a peny , and other things after that rate . and yet i grant that a man in letting or selling his land for corn , cattel , and such like , or ware for ware , might in those days have as much as he can get now . selv. the time you speak of was about the th . of edw. iii. and the like hath been at other times also . and when the cause hereof is well consider'd , you shall find another right good reason , why things should be sold for more mony now , than they were then , and yet no whit at all dearer ; and that is , the plenty and abundance of plate and mony , which at this day is to be found in england , more than ever was in time past . for it is not our commodities that be grown dearer , but gold and silver are become more common and of less estimation than they were wont . insomuch , that whereas plate was dainty in great-men's houses , it ruffleth now even at the meanest tables ; and mony is so little respected , as we will give great store thereof for a small commodity . like as in the days of solomon , silver was so plentiful , as it was nothing esteem'd : no , it was holden so base a mettal , as solomon would not make one vessel thereof , no , not for his own service , much less for the temple of god. yet afterward it became so scarce , as when joash undertook to repair the temple , he was driven to tax the people for it , that thereby he might have wherewith to pay the work-men , and whereon to make the holy vessels . so , king edw. iii. having with effusion of much treasure ended his scottish wars , and determin'd to begin afresh with france , practised such means to recover mony to supply these charges , as he got so much into his hands , that writers report , it was very scant and hard to be come by , through the whole realm . and hereupon proceeded the cheapness that you speak of ; men were constrained to give a great deal of ware for a little mony , because they could have no other chaffer for their commodities . but from these particular contingents , you must not raise general consequents : for in that sort , i can shew unto you , that things were much dearer before the time you speak of , than they are now . as in . edw. i. a quarter of wheat was sold for s. so in the time of richard i. all things were so exceeding dear for three or four years together , that a quarter of wheat was then sold for ● . ● . a strange price , if you consider the alay of mony then currant ; and this was almost . years agoe . also in the year . ( edw. i. . ) wheat was ordinarily sold for s. the bushel , and continued at that price almost fourty years together ; rising oftentimes to s. the bushel , and sometimes to a mark and above , as in the year . and in these days , other things bare price accordingly . i could put you many examples more , if these sufficed not : but sure i am of mind , that all occurrents rightly weigh'd , things be little or nothing dearer than in ancient time . viand . you say sore unto me , if you make it apparent that mony were so plentiful as you affirm it . for my own part , i am sure , i have little enough . selv. and i too : but that is not the matter : for what store of sap soever the tree hath , yet many spriggs and leaves do wither away for want thereof . the great ones have it , i warrant you ; and that ultra modum ; but to our matter . two things are the causes thereof : it is brought in more plentifully than in ancient times , and carryed out more sparingly . brought in more plentifully , in respect of greater traffick that we have had within these latter years , even to all places in the world ; by which we have utter'd our own commodities at the dearest ; and fetcht the foreign from the original places , which with far greater charge we were wont to buy at second hand . viand . yea , marry , sir : the less we have of some of that trafficking , the better ( i think ) for england . for by this means , they carry from us our good corn , wooll , cloth , copper , lead , tinn , and such like rich commodities , and the sustenance of our countrey ; and return us for them excess of lawn , camrick , plums , spice , suckets , and other lascivious trumpery , whereby effeminate delicacie is crept in amongst us , and our warlike reputation put in peril to be lost . this kind of traffick may well be term'd glauci & diomedis permutatio . doth the wealth and mony you speak of , come into england by this means ? selv. nothing less . there be other good merchandise enough ; as pitch , tar , iron , copper , deal , madder , woad , cutchaneale , and such like ; and yet those you speak of , are in some measure necessary . but by our traffick into foreign countries , tho' we many times bring home light and frivolous toys , yet they are often accompanied with gold and silver , both in coin and bullion . besides , you know that the treasure ( according to my capacity ) is infinite , which in these later years hath been unshipp'd in england . viand . true ; but goeth it not out as merrily ( think you ) as it cometh in ? or not so fast , as it did in times past ? selv. that is the other point to be consider'd of ; and , i know by certain speeches utter'd in the last parliament , that her majestie 's occasions to disperse it , are exceeding great and urgent : yet a principal part thereof runneth ( as in a circle ) up and down the land. and tho' she sendeth much beyond the seas , for entertainment of her bands and garisons , and executing of her other royal purposes ; yet doth she therein but as all her renown'd progenitors have done before her : for neither england , nor any other realm in europe , have ever wanted this kind of issue . but the reasons that make me think that our wealth should continue with us better now than in times past it hath done ; are , for that the roman-coffers are not now glutted ( as they have been ) with english-treasure continually flowing into them . for it is a world to consider the huge stocks of mony , that those cozening prelates have heretofore extorted out of her majesties kingdoms , by their antichristian and usurpt supremacie . as , by pope innocent constraining king john to redeem his crown at his hands , and to take it for ever in farm , for the yearly rent of . marks , to be paid to him and his successors : by causing henry iii. to maintain his wars against frederick the emperor and conrade king of sicil : by drawing from our kings many contributions and benevolences : by laying upon their subjects , as well temporal as spiritual , tenths and taxes , in most ravenous manner , and that very often . ( so that in the time of henry iii. the realm was by such an extream tax mightily impoverished , as our chronicles witness ; as also at many other times since and before . for when the pope was disposed to use mony , he would tax our people as if they had been his natural subjects ; by many congratulations of the clergy , as . marks at one pull to pope innocent iv. by private remembrances from single bishops , as . marks from the arch-bishop of york to pope clement v. in an. . or . edw. i. and from divers of them jointly . marks to the foresaid innocent . ) by their rich revenue of the first-fruits and tenths , as well of the archbishopricks , as of all other spiritual livings ; now reannext unto the crown by the parliament , in the first of her majesty : by installing , consecrating , and confirming bishops : by dealing benefices : by appellations to the church of rome : by giving definitive sentences : by distributing heavenly grace : by granting pardons and faculties : by dispensations of marriages , oaths , and such like : by selling their blessed trumpery , and many such other things that i cannot reckon , whereof that merchandizing prelate knoweth full well how to make a commoditie : according to the saying of mantuan ; — venalia nobis templa , sacerdotes , altaria sacra , coronae , ignis , thura , preces , coelum est venale , deusque . all this consider'd , and that the summs of mony by them receiv'd before the time of henry viii , were ( according to the value of our coin at this day ) three times as much , as before is shewed ; you must needs confess that the fat of the land larded the roman dishes , whilst our selves teer'd upon the lean-bones . besides , it must not be forgotten , that one tenth granted to the pope , impoverisht the realm more than ten unto the king. for what the king had , was at length return'd again among the subjects , little thereof going out of the land : ( much like the life-blood , which tho' it shifteth in divers parts , yet still continueth it self within the body . ) but whatsoever came into st. peter's pouch , was lockt up with the infernal key ; et , ab infernis nulla est redemptio . england might lick her lips after that ; it came no more among her people . thus , we were made the bees of holy-church ; suffer'd to work and store our hives as well as we could ; but when they waxed any thing weighty , his legates were sent to drive them and fetch away the honey . yea , if his holyness were sharp sett indeed , he would not stick to use a trick of husbandry , rather burn the bees than want the honey . i may tell you too , his legates and nuncio's were ever trim fellows at licking of the hive ; as in our chronicles you may read abundantly . viand . you have made the matter so plain , that i must needs grant that our treasure goeth not out of the land in any comparable measure , as it did in times past . for as you say , tho' these actions of the low-countries , france , portugal , and other places , hath somewhat suck'd us ; yet i consider that we have ever had such a vent , even in the several days of our kings , as in the time of queen mary , king edw. vi. king henry viii . &c. selv. their occasions indeed are best known unto us , because many men living were witnesses thereof . but i will recite unto you cursorily somewhat of the rest , that you may the better be satisfy'd that it is no novelty in england . and for to begin with henry ii. what store of treasure ( think you ) was by him and his wasteful sons ( whereof two , namely henry and john were kings as well as himself ) daily carry'd into france , flanders , saxony , sicil , castile , the holy-land , and other places ; sometime about their wars and turbulent affairs , other some time for royal expence about meeting , feasting , and entertaining the french king , the pope , foreign princes , and such other occasions , the particular whereof were too long to recite . but we may well think , that england must needs sweat for it in those days , to feed the riotous hands of three several kings , spending so much of their time on the other side the seas , as they did . the like was done by richard i. about his ransome and business with the emperor and leopold duke of austria , about his wars in france and the holy-land , where it is said , that by estimation he spent more in one month , than any of his predecessors ever did in a whole year . by henry iii. about the affected kingdom of sicil , and his wars in gascoigne , and other parts of france , and in bounty to strangers . he at one time sent into france , at the direction of the poictovins , . barrels of starling coin , for payment of foreign souldiers ; and at another time , these his wasteful expences being cast up , the summ amounted to . marks , which after the rate of our allay , encreaseth to — by edw. i. about his actions of guien , gascoigne , france , flanders , and the conquest of scotland , and the striking of a league with adolph the emperor , guy earl of flanders , john duke of brabant , henry earl of bar , albert duke of austria , and others , against the french king , and earl jo. of henault his partaker . by edw. iii. about his victories and designs in france and elsewhere ; which exhausted so much treasure , as little or none almost remain'd in the land ; as before is shewed . by henry iv. about the stirs of britain , and in supportation of the confederate faction of orleance . by henry v. about his royal conquest of france . by edw. iv. in aiding the duke of burgundy , and in revenging himself upon the king of france . by henry vii . about his wars in france ; in annoying the flemings ; in assisting the duke of savoy , and maximilian king of the romans . i need not speak of henry viii . whose foreign expences as they were exceeding great , so they are sufficiently known to most men . neither have i more than lightly run over the rest ; who , besides these that i have spoken of , had many other foreign charges of great burden and much importance , and yet not so much as once touch'd by me ; as marriage of their children with foreign princes , treaties of peace between their neighbours , congratulations , embassages , and such like . viand . but what moves you to let slip king john , edward ii. richard ii. henry vi. and richard iii. selv. not for that they were free from foreign expences , which is not possible ; for it oppressed them all : but for that most of them omitted such necessary charge , as in policy they ought to have undergone , both for strengthening themselves with friends , and weakning their suspected enemies ; such as , when occasion serv'd , were like to do them damage . for if edw. iii. had not by this means fortify'd himself with the alliance and friendship of the noble knight sir john of henault , the dukes of brabant and gelderland , the arch-bishop of colein , the marquess gul●ck , sir arnold de baquetien , the lord walkenbargh and others ; and also greatly impai●'d the power of the french king , by winning the flemings from the obedience of the earl of flanders ( his assured friend ) , and by procuring the stay of much of the aid by him expected out of the empire , scotland , and other places ; he had not only fail'd in his french attempts , but also put his kingdom of england in hazard by the scots , who were sure of all the help and backing , that france could any way afford them . so , had it not been for the aid and friendship of the french king , the earls of bullogne , st. paul , the gascoines , and other foreigners ; henry iii. had been bereav'd of his kingdom by his own subjects ; which , notwithstanding he held with great difficulty . so the rest likewise . but on the contrary part , the others whom you nam'd , neglecting this right precious ( tho' costly ) ground work ; not only wanted it when need required ; but with the ruine of their people , state , and kingdom , lost their crown and dearest lives , by the infernal hands of cursed murtherers ; their rebellious subjects getting once the better hand . viand . but edw. ii. used means also to have procured the amity and assistance of divers foreigners , as the duke of britain , the lord biskey , the lady biskey ( governess of the king of castile and leon ) james king of arragon , and others . and rich. ii. sought the like of the hands of the french king ; and so the rest likewise of others . selv. true : not examining the dependencies of time present , they imagined in their prosperity that things to come would ever have good success ; and therefore deferr'd still the doing of it , till extream necessity compell'd them to it : and then their estates being utterly desperate and ruinated , no man willingly would lend them aid or ear . knowing , that when the fury of the disease hath once possessed the vital places , it is then too late to apply physick . this reason made the princes you speak of , to refuse king edward ii. and as for richard ii. when the french king saw how he was entangled and overladen with dangerous rebellions and divisions of his nobles and commons at home ; war in scotland , flanders , spain , portugal , ireland ; sending forces against the infidels ; releiving the expell'd king of armenia ; and many other such turbulent affairs : he then thought ( and truly ) that there was more to be gotten by being his enemy than his friend ; and taking advantage of that opportunity , defied him also , and warr'd upon him . so that king richard , wholly void of aid and hope , fell into the hands of his proud barons , and lost both crown and life . in like miserable sort stood the case with henry vi. for being once descended to the lowest exigent , who almost durst releive him or any of the rest ; for fear ( as our proverb saith ) of pulling an old house upon his own head ! whereas , if in their flourishing estate , they had employ'd their treasure to encounter future perils being yet afar off , they had ( no doubt ) securely held their crowns , and perhaps without much business illuded all the practices of their enemies drawing nearer . had richard ii. at the time when being in france , he bestow'd the value of l. in gifts upon the fickle french king , stay'd there and employ'd the other . and odd marks ( by him also wasted at that bravery ) in gaining the amity of his neighbour princes , to serve his turn when need should be ; it is not unlikely but afterwards it might have sav'd all the rest . for it is a good rule that is taught us in the art of fencing , to break the blow or thrust that might endanger us , as far from our bodies as we can . for , as i said before , when things be drawn to the last period , the time of help is past , according to the saying of hecuba to her betray'd husband , being about to arm himself . — quae mens tam dira , miserrime conjux , impulit his cingi telis ? aut quo ruis ? ( inquit ) non tali auxilio , nec defensoribus istis tempus eget ; non si ipse meus nunc afforet hector . most royal therefore are the providence and expences of her excellent majesty ; who ( as it were with linceus eyes ) looking into the lowest secrets of the practices of her enemies , hath not only for these . years utterly cancell'd and made them frustrate ; but foreseeing also what mighty consequences may depend on mean beginnings , omitteth no diligence to defeat them whilst they are yet in the shell ; or so to environ the mark whereat they are levell'd , as being hatch'd , they shall be able to perform nothing . knowing it to be far greater wisdom to preserve the body , ( whilst it is sound ) from all infirmities , than by admitting a dangerous disease , to gain the credit of an excellent cure . and tho' mony be the blood wherein the life of all common-wealths , as in a nest , is cherisht ; yet nature teacheth that to preserve health and cure an impostumate disease , we ought to let blood out , and that sometimes in great abundance . and , as themistocles said , pecunia nervus belli , ( mony is also the sinews of war ; ) and look how necessary peace is in a common-wealth , so necessary is war to beget peace ; for peace is belli filia , ( the daughter of war. ) but to return to our matter : lest we fare like the unskilful hounds , that undertake a fresh hare , when they have hunted the first till she be almost spent . it appeareth by that that hath been said , that a main port by which our treasure hath been vented from us heretofore , is now shut ( god be thank'd ) and that instead thereof no new is opened . so that thereby our store must needs remain better by us than it hath , and we by consequence must be the richer . it is also to be added , that whereas in former times , much of the treasure that came into the land was buried up in superstitious employments , as about images , shrines , tabernacles , copes , vestiments , altar-cloaths , crucifixes , candlesticks , &c. by means whereof , the common-wealth became no whit richer , than if that part so employed , had never come within the land : now we do not only retain that idolatrous charge still in our purses , ( which makes us much the wealthier ) but the rest also ( which for many hundred years together was so employ'd ) is now to our greater enrichment return'd again amongst us , by dissolution of these popish ceremonies . viand . you may also reckon the mony given to maintenance of priests , monkery , lights , obits , anniversaries , and all the plate and treasure of the clergy at that time , to be of the same sort . selv. that did edward the first well consider : and therefore to the end that he might dig it out of the grave , and bring it abroad again among the people that had need thereof ; he suffer'd the matter to be so handl'd by one of his treasurers , that certain captains appointed to work the feat , placing their souldiers in every quarter through the realm , made search at one time ( in july at three of the clock in the afternoon ) for all such mony , were it hid or laid up in hallowed places ; and taking the same away , brought it unto the king ; who dissembling the matter ( as he that stood in need ) excused the act done by his treasurer , and thought it no offence , but rather a good work . besides all this , there is yet another means whereby the treasure of our land must needs be much encreased : and that is by divers good laws and statutes , made both for causing it to be brought into the realm , and also for containing it within the lists of the same , when it is come . and that is by the stat. . edw. iii. whereby it was enacted , that every man ( denizen or stranger ) that should transport any wooll out of the land , should find sufficient sureties to bring again unto the king's exchange , for every sack of wooll transported , plates of silver to the value of two marks . and by the statute of . henry v. ( confirm'd and quickned by . hen. vi. ) which provided , that every merchant-stranger , buying wooll in england , not coming to the staple to be sold , shall bring to the master of the mint of the tower of london , of every sack , one ounce of bullion of gold : and in the same manner , of three pieces of tin , one ounce of bullion of gold , or the value in bullion of silver , upon pain of forfeiture of the same woolls and tin , or the value thereof , to the king. it is provided also for containing of mony within the land , that all merchant-strangers shall employ all the mony receiv'd by them within this realm , upon the merchandise and commodities of this realm , ( deducting their reasonable expences ; ) and that they shall give sufficient surety for doing hereof , and the trespasser to forfeit and be punished grievously , as in the statutes is contain'd ; . hen. vii . affirming and enlarging , . edw. iv. and many other of like effect . and by . hen. vii . that no man dwelling in england , shall pay or deliver wittingly to any merchant or other born out of the king's obedience , for any merchandise or wares , or in any other wise , any gold coined , plate , vessels , bullion , jewels of gold or silver , upon pain of forfeiture thereof . and by . edw. iv. ( affirm'd by . hen. vii . and for a time continued by . and . henry viii . with a mitigation of the bloody penalty ) all men , except such as had the king's licence , or were dispensed with by those statutes , were utterly inhibited from carrying out of the realm any manner of coin , plate , vessel , massy bullion , jewels of gold or silver . which law , and many other of the like effect , tho' they continue not now in force , yet the fruit thereof remaineth to us still , as children enrich'd by their fathers sparings . besides , it is not altogether to be passed in silence , that our treasure is somewhat increased by the gold and silver try'd out of our own mines here in england . which , tho' it be little or nothing , in respect that in this latter age we have wimbl'd even into the bowels of plutus's treasury ( the western indies , ) yet is it so much , as our historiographers , both new and ancient , have thought it worth the noting ; and all our kings from time to time have made especial account of ; as well appeareth by a multitude of leases thereof granted by them to many noble personages , extant in the checquer records ; and also by the process and argument of the earl of northumberland's case concerning a copper-mine , . eliz. which in plowden's commentaries is at large reported . but be it little or great , many littles ( as our adage saith ) make a great , and continual accession amasseth at length to a mighty thing ; as is well seen in the hill testacchio in rome , which standing in a plain , and being about half a mile in compass , and exceeding in height any tower in the town-wall , is said to have been made of the shards of the potts wherein the tribute-mony was brought to rome ; or as pleaseth rather the more learned sort , of broken potts thrown out of the vii . college of potters , built by numa pompilius . but be it the one or other , the semblance serves my turn , and there 's an end . the places or dwellings of the arch-bishops and bishops of this realm , now or of former times ; in which houses their several owners have ordinary jurisdiction , and be as parcel of their diocess , as is recited in the stat. of . hen. viii . ca. . altho' they be situate within the precinct of another bishop's diocess . . the lords arch-bishops of canterbury of long time enjoyed and do enjoy lambeth-house ; as appeareth in historia cantuariensium archiepiscoporum , set forth ( as is thought ) by dr. ackworth in the lord arch-bishop parker's time . the which house was never severed from the lord arch-bishop's see of canterbury , since the annexion thereof to that see. . the house at lambeth-marsh , commonly call'd carlisle-house , was the bishop of rochester's palace until about . hen. viii . as appeareth in the foresaid historia cantuariensis , and also in the act of parliament of . hen. viii . ca. . made against poysoning ; whereby it doth appear that the house of john bishop of rochester was at lambeth-marsh . but afterwards , about an. . hen. viii . or after , the same ( being some ways the kings ) was convey'd to robert aldridge bishop of carlile and his successors , in exchange for his houses near ivie-bridge , ( now the earl of worcester and salisbury's ) and other houses there toward the street , and of a yearly rent of l. or thereabouts , out of those houses given to the bishop of carlile and his successors , for those houses formerly call'd carlile-place . but the said bishop aldridge leas'd the house of lambeth-marsh for some small and not valuable rent , for divers years yet enduring . . the bishop of rochester had given for his palace to dwell in , certain houses lately call'd rochester-house near adjoining to winchester-place , and sometime ( as it is reported ) parcel of the possessions of the priory of st. swithins in winchester ; but that place is lately divided into several little dwellings . winchester - place , with the liberty of the prison of the clynke and bancke , belonged and doth belong to the bishop of winchester ; and the house was in edw. the sixth's time , conveyed to the marquess of northampton , who builded the gallery there : but in queen mary's time , the same was restored to that see , where it so continueth . . the lord arch-bishop of york's house was the white-hall , much enlarg'd and reedify'd by the cardinal wolsey then arch-bishop of york ; as by the arms remaining in wood , stone , and glass , in sundry places of that house , may appear . and after the said cardinals conviction of premunire , and death , the same was made parcel of the king's palace at westminster , by purchase from the arch-bishop of york , as appeareth by the stat. of . hen. viii . ca. . but afterwards , until anno . or . of queen mary , the arch-bishop of york had no other dwelling-place near london , in right of his see or by reason of his arch-bishoprick , but the house at battersey ; and then queen mary gave to arch-bishop heath and his successors , the late duke of suffolk's house , called suffolk-place in southwark , which the arch-bishop of york ( by confirmation of the dean and chapter there ) shortly after sold away to others , and purchased to his see york-place , where the lord chancellor remaineth , together with the houses adjoining to the street . which house was sometime the bishop of norwich's place ; and the same , among all or the greatest part of the possessions of the see of norwich , about an . . hen. viii . were convey'd to the king by a private act of parliament , in recompence of the union of the monastery of st. bennets , and the possessions thereof to that bishoprick ; being of far better value than the ancient lands of the bishoprick of norwich assur'd to the king , as is recited in the statute of . hen. viii . ca. . whereby the bishop of norwich is made collector of the tenths of his diocess , as other bishops were ; being formerly free'd thereof by the said private statute of . hen. viii . which said now york-place , by hen. viii . was convey'd in fee to charles brandon duke of suffolk ; and after the death of the said duke's sons , the coheirs of the duke's sons sold the same to the said arch-bishop heath and his successors . . but the bishop of norwich was limited by the said private act of . henry viii . to enjoy perpetually in succession , a prebend in the free-chappel of st. stephens at westminster , after dissolv'd by the statute of dissolution of colledges and free-chappels . ed. vi. and the house thereto belonging in chanon-row , whereof then was incumbent one knight ; but the house is said to be leas'd for some small rent by the bishop of norwich to sir john thinn knight in edw. the sixth's time , for many years enduring . and that the house now call'd york-place , was belonging to the bishop of norwich , is proved by a case . edw. iv. fol. . in a presentment against the bishop of norwich in the king's bench , for annoyance of a way inter hospitium episcopi norwicensis & dunelmensis , in parochia sancti martini in campis . . durham-house ( as appeareth in that case ) was the bishop of durham's house ; and bishop tonstal about the th . of hen. viii . convey'd the same to the king in fee : and king henry viii . in recompence thereof , granted to the see of durham coldharborrowe , and certain other houses in london . and after , edw. vi. about an . . granted durham-house to the lady elizabeth his sister for life , or until she be otherwise advanced . after , the bishoprick of durham , by a private statute not printed , of . edw. vi. was dissolved , and all the possessions thereof given to king edw. vi. who shortly after convey'd in fee the said bishop's late house at coldharborrowe , and other houses in london , to francis earl of shrewsbury and his heirs . and after , the d. mariae ca. . the stat. of . edw. vi. for dissolving that bishoprick is repeal'd ; but the mansion-house of coldharborrowe and other tenements in london , so granted to the said earl , be confirm'd . and the bishop , by that act , prayeth a recompence from the queen at his charge . whereupon , queen mary , about anno v. or vi. of her reign , granteth to the said bishop of durham , her reversion of durham-place in succession ; which coming into possession by the death of queen elizabeth , the late bishop of durham ( now lord arch-bishop of york ) enter'd into and enjoy'd the same in the right of his see , by opinion of the chief justices of the land , referr'd by the king , being opposed by sir walter rawleigh ; as likewise doth the now bishop of durham . . the bishop of lichfeild and coventry ( of old call'd the bishop of chester , before the new erection of the new bishoprick of chester ) had his place where somerset-house is builded . . . as likewise the bishops of worcester and landaff , had there sometime a house ; as stow in his book of survey of london saith . but the said three bishops places , together with a parish church call'd straunde-church , and the greatest inn of chancery call'd straunde-inn , belonging to the middle temple , were defaced without recompence to any of the said three last mentioned bishops , parish church , or inn of chancery : other than to the bishop of worcester ; who had in respect of his former house , a house in the white fryers , which he enjoyeth . . arondell-house ( now the lord admiral 's ) was the bishop of bath and wells's ; and was assured , in edw. vi. time , to admiral seymer ; and is now quite sever'd from that bishoprick without recompence . . likewise , the bishop of exeter's place , after call'd paget , leicester and essex-house , of the several owners of the same . and it is thought the bishop of exeter hath likewise no recompence for the same , of any other house in or near london . . the bishop of sarum's place , ( now call'd dorset-house , before call'd sackvile-house , and of former time salisbury court , being in long lease made by bishop capon , who was bishop there in hen. viii . edw. vi. and queen mary's time ) was exchang'd temp . reginae elizabethae , by the great learned reverend father bishop jewel , for recompence of good value in lands in his diocess , or elsewhere in the west country . . the bishop of st. david's place , was near adjoyning to bridewell , upon the ditch that runneth to fleet-bridge into the thames ; and was granted in fee-farm for a mark rent ( temp . edw. vi. ) to dr. hewick the physician ; under which purchase the same is now enjoy'd . . the bishop of hereford's place ( as stow in his survey of london , pag. . saith ) is in the parish of st. mary de monte alto or mount-halt in london ; of which bishops patronage the said church also is ; which place is in the tenure of the bishop of hereford or his tenants . . . the bishop of london's place at pauls , was never sever'd from the bishop's possession . and likewise ely place , from the bishop of that see ; other than such part thereof , as the late lord chancellor hatton had by lease for many years , from the late bishop cox. . the bishop of bangor's house is , or lately was , mr. aleworth's house in shoe-lane , by a lease from the bishop of that see , temp . edw. vi. yeilding some rose , or other small or not valuable rent . . the bishop of lincoln's place , was southampton-house in holborn , convey'd temp . edw. vi. to the lord writoheseley ( then lord chancellor ) in fee , for which the bishop hath no other house in or near london , as is thought . . the bishop of chichesters place ( or palace , as matthew paris in his chronicle calleth it , reciting the story of the lord arch-bishop of canterbury visiting st. bartholomews ) did at that time lye in that house which was in chancery-lane ; where sir richard read sometime a master of the chancery , and mr. atkinson the counsellor at law and others , dwelt and dwell in ; and is said to be in lease from the bishop's predecessors for divers years . what the rents reserv'd yearly be , the lease will shew the same . . the bishop of st. asaph never had place at or near london , that i can learn of ; neither in the valuation of the see ( where all his possession ; and jurisdictions be valu'd in the first-fruit-office ) is there mention of any such place ; neither doth the now bishop of that see know the same . . the bishop of the isle of man ( call'd sodorensis episcopus ) altho' the same be an ancient bishoprick , yet was he never lord of the parliament of england ; having no chapter or other clergy , but only an archdeacon and all the incumbents of the several parishes of that isle : and before the said statute of . hen. viii . was neither a suffragan of the province of were wont in former times to ride on mares or mules . . prohibited to take cognizance of wills. . blackney harbour . . blicking . . the birth place of q. anna bullen . ibid. bocland , what . . not subject to homage . . bond-men , anciently not valu'd or rated . . reputed only as part of their master's substance . ▪ . boors , who . . bouthorpe . . bramsil . , . brancaster . , . breakspear ( nich. ) converted norway . . made cardinal and pope . ibid. breclys . . brennus a britain invades greece . . his attendants . ibid. brictrick a saxon thane . . britains , none of 'em remaining after cadwallador's departure . . their laws alter'd by the romans . . bronholm . . brotherton ( tho. ) earl of norfolk and earl marshal of england . . when he dy'd . . buckenham . . burg-castle . . burghesses , of old , not call'd to consult of state-matters . , . burghbote and brugbote . , , . burnham in norfolk . . burnham-east in com. bucks . . by , what it signifies . . . by-laws . , . c cadwallader prince of the britains , fled into armorica . . calthorp . . king canutus , how he publish'd his laws . . his constitution touching festivals . . capet ( hugh ) usurpt the kingdom of france . he grants his nobility a perpetual enjoyment of their feuds and honours . ibid. & . capitales plagii . . capitanei regis & regni . . caput feodi , aut capitaneus feodi . . carbrook . . carolus calvus emperour and king of france , his synodical edict . , . carolus magnus or charlemaigne , divided his territories between his three sons . . castle-acre . . castle-rising in norfolk , the parson has the probate of wills in that town . . caston . . castor . , . ceorls , who . . of two sorts . . the chiefest part of their profits redounded to their lords . ibid. their service no bondage . ibid. their valuation and priviledges . ibid. not capable of a knights fee. ibid. champain in france . . chancery-court . . charta de foresta . , . charter , the first by whom made and where kept . . saxon charters usually writ in that language . ibid. charters of thane-lands granted by several kings . , . chichley ( henr. ) arch-bishop of canterbury canoniz'd st. george's day . . the occasion of that constitution ibid. chindavintus king of the western goths , his law concerning wills. . cingulum , quo sensu accipiendum . . cinque-ports , priviledges granted to them by king edward the confessour , &c. . clacklose-hundred . . clergy-men forbidden to use hunting , , , . & seq . when they took upon them to prove wills. . prohibited by justinian to meddle with those matters . ibid. cley ▪ harbour . . de clifford ( rob. ) marshal of england . . k. canute's charter of donation to the thane orc. . coin of england , in q. elisabeth's time . , &c. colloquia . . comites , who , and why so call'd . . commendati . . congham . . conradus salicus made a constitution touching feuds . , . consecration , a strange one of eadmer a monk of canterbury . . consilium regni . . controversies , among the ancient britains , by whom judg'd . . conveyance of lands , how made by the saxons . . cosshering , what . . cossey . . counties in england . . county-courts how often kept . . were proclaim'd a sennight beforehand . ib. earl's county and bishop's diocess had but one limit . , . ecclesiastical and secular causes there decided . . court-baron . . it s original . . court-leet . . sometimes granted to the lords of mannours . ibid. court-christian or ecclesiastical , when it sprung up . , . high courts of justice , why they sit not in the afternoons . , . why they sit not all some days . , . why they sit on the rogation days . ibid. why on some festivals and not on others . the admiralty-court , why always open . . chancery-court said to be always open . ib. cowshil . . creak . . cromer . . crostwick . . crowner's office , not before the conquest . . d dane-blood . . dane-law . . danes , not capable of devising lands by will. david i. king of scotland and earl of huntingdon . , . dean , his office and functions . . the priviledges of a bishop's dean . ibid. deerham ( west ) . defensor plebis . . degradatio militis . . deira , a province . . demains or demesne , what . . ancient demesnes had not any lands by knight-service . , . d'evreux ( robert ) earl of essex , viscount bourchier , &c. . sent into spain with an army . ibid. storm'd cadiz . ibid. created marshal of england . ibid. made lord deputy of ireland . ibid. when beheaded . ibid. dies juridici . , . dies feriales . . dies pacis ecclesiae . ibid. . . dies pacis regis . ibib . & . dies novem lectionum . . dies feriati repentini . . dower , why judg'd to belong to the ecclesiastical court. . downham . . druides , who . . the sole judges of controversies among the old britains . . suppos'd to have us'd the greek tongue . had no knowledge of the latin. ibid. dudley ( john ) duke of northumberland and earl marshal of england . . e eadmere a monk of canterbury made arch-bishop of st. andrews in scotland . . king eadwigus's charter of thane-lands granted to aelswine . . earl marshals of england . , , . earl of a county ; see alderman earldoms not hereditary in ancient times . . earldoms in france . ibid. & . earls among the saxons . , . earl no title of dignity anciently . . their office depended on the king's pleasure . ibid. an earls heriot . . easter-term , how limited anciently . . easter-week , when exempted from law business . . ebsam in surrey . . king edgar's charter of donation of certain thane-lands . . another charter granted by him to the monastery of hide near winchester . . by whose advice his laws were made . . king edward the elder , how he propos'd his laws . . the first that prohibited law business on festivals . king edward the confessor's charter of donation to thola . . several priviledges granted to the cinque-ports . . his laws by whom collected . . his constitution touching festivals . . edward earl of norfolk and marshal of england . . dyed in his minority . ibid. edwin , son of othulf , gave certain lands to arch-bishop odo . . elfere a saxon bequeath'd snodland to the church of st. andrews . . publish'd his will before odo arch-bishop of canterbury , &c. . elfstane bishop of rochester . . elfsy priest of croyden . . ellingham . . elmham . . erpingham . . erpingham ( tho. ) commissioner for executing the office of earl marshal of england . . escheats , the signification of the word . . no feodal escheats among the saxons . , . escuage , what in the empire . . neither its name nor rules us'd by the saxons . . essoyning , the manner of it not in use before the conquest . . king ethelbald's charter to the monks of croyland . . ethelbert the first christian king of the saxons . . he causes his laws to be put in writing . ibid. he took somewhat from the roman law . etheldreda daughter of k. alfred , her dowry . . king etheldred ordain'd every eight hides of land to find a man for the naval expedition . . his charter of donation to aethelwold . . another charter granted by him to his thane sealwyne . ibid. king ethelstane , whom he consulted in making his laws . . king ethelwulfs charter of priviledges . . he divided his lands by will among his three sons . . euricus king of the goths . . exauctoratio militis . . expeditio , what it signifies in latin. . f fakenham . . fasti , or law days among the romans , why so nam d. . seldom two fasti together . . fasti proprie . ibid. fasti intercisi . ibid. fasti comitiales . ibid. all the fasti not apply'd to judicature . ibid. fealty , the definition of it . . no fealty but for a fee. . what manner of fealty among the saxons . ibid. felbrig . . felewell . . feodal words , none among the saxons . , , . feorme what it signifies in the saxon tongue . ferdwite . . festa majora , vel principalia . . festivals , how exempted from law days . . the differences of them . . the festivals of st. peter and paul. . of st. george . . of gun-powder treason . ibid. a feud , what it is . . it s general and particular definition . . feuds among the jews . ibid. among the gauls . , their original . . made perpetual and hereditary . . when and how they became so . ibid. especially in england . ibid. the difference between them and benefices . , . the great growth of them . ibid. no proper feuds before the conquest . ibid. feudal-law generally receiv'd in every kingdom . . it s youth , infancy , and full age . . where it had its original . ibid. feudatarii . . feudum militare & nobile . . rusticum & ignobile . ibid. feuda majora & regalia . ibid. the word feudum or feodum not us'd in k. beorredus's days . . fideles , who . . fidelity , what . . fines for licence of alienation . . the thane-lands free from them . ibid. not in use among the saxons . . fitz-alan ( jo. ) lord maltravers , marshal of england . . fitz-osborn ( will. ) lord marshal to king william the conquerour . . flegg . . flitcham . . flitchamburrough . , . folcland , what . . not alienated without licence . , . free from homage . . ford-park . . forests , belong to the king alone . . subjects can have 'em only in custody . ibid. fouldage . . franc-almoin . , . frank-tenements . . freeborgs or tithings . . frekenham . . g garbulsham . . gavelkind what , and why so call'd . . observ'd throughout all kent . . at first the general law of all nations . ibid. germans , their customs and tenures carry'd into several countries . . they receiv'd the roman law. . gey-wood . . gilbert , the third son of william the king's marshal . . made marshal of england . ibid. kill'd in a tournament . ibid. gimmingham . . goths , carry the german laws into spain , greece , &c. . they were the first that put their laws in writing . . trusted priests with the passing of wills . government ; the ancient government of england . . &c. . grand-days in france and england . . grand serjeanty . . grantesmale ( hugh ) marshal under k. william i. . greeks , from whom they had much of their ancient rites . , . gresham . . gressenhall . . grey ( rad. de ) exauctoratur . . guthrun the dane . , . h hales . . harkela ( andr. de ) exauctoratur . . harleston . ibid. hartlebury-park . . hawkins ▪ pet ) keeper of bramsil-park wounded by arch-bishop abbot . , &c. hengham . . king henry i. imprison'd the bishop of durham . . his constitution about festivals and law-days . . king henry ii. ratify'd the laws of edw. the confess . and will. the conquerour . . henry bishop of winchester conven'd k. stephen to his synod . . heribannum , what . . heriots paid after the death of great men. , to whom forgiven . . the difference between them and reliefs . , . by whom , and when first ordain'd . . what the word heriot signifies . ibid. heriots and reliefs issuing out of the same lands . . no badge of lands held by knight-service . ibid. heydon . . high courts : see , court of justice . hikifricus pugil quidam norfolciensis . . hilary-term , its ancient bounds . , . the end of it sometimes held in septuagesima . . hockwold . . holkham . . holland ( tho ) marshal of england . . holland ( tho. ) earl of kent duke of norfolk . . made earl marshal of england . ibid. holland ( tho. ) farl marshal of england during the minority of john mowbray . . holme in norfolk , homage , by whom first instituted . . feodal homage . . of two sorts , ibid. when begun in france and england . ibid. the reason of it . , . who are to do it . . usual in soccage-tenure . . as well a personal as a praedial duty . ibid. homines commendati . . hominium & homagium , what . . homagium ligeum . ibid feodale aut praediale . ibid. hoveden ▪ roger ) when he wrote . . howard ( sir john ) kt. created duke of norfolk and earl marshal of england . ● . slain in bosworth-field . ibid. howard ( tho. ) the son of the former , earl of surrey . . imprison'd in the tower. ibid. defeated the scotch under k. henry vii . ibid made lord treasurer of england and restor'd to his fathers dignities . ibid. kill'd james iv. k. of scotland in battel . ib. sent ambassadour into france . ibid. made vice-roy of england . ibid. where he dy'd . ibid. howard ( tho. ) the fourth duke of norfolk of that name , and earl marshal of england . ● howard ( tho. ) the grand-son of the former earl of arundel and surrey . ibid. the first earl of england . ibid. made earl marshal for life . ibid. hugh bishop of coventry exercis'd the sheriffs place . . excommunicated . ibid. de hum●z ( richard ) tribunus regis or marshal to king henry ii. . hundradors . . hundreds , their original . . hundred courts . . hunting forbidden to clergy-men . , , , , . hydes , what . . when disus'd . ● . i ibreneys ( rad. de ) . iceni . . eorum nomina & derivatio . ibid. icenia . . ejusdem termini . ibid. coelum & solum . ● . ina king of the west saxons adjusted the quantity of rent for every plough-land . . by whose advice he made his laws . . made a strict law against working on sundays . . ingolsthorp . . inland , what . . intwood . . k. john's magna charta . . john marshal to king henry ▪ i. . irregularity of clergy-men , wherein it consists . , . i se fluvius unde dictus . . ejusdem aestus . . islepe ( sim ) arch-bishop of canterbury . . jury taken out of several hundreds in a county . . jurours prohibited to have meat , &c. till agreed of their verdict . . jus gentium . . justices of evre when instituted . . justinian the emperor , when he flourish'd . . he prohibited clergy-men to take cognizance of wills. ibid. justitium , what ▪ . k keninghall . . kent , the custom of gavelkind in that county . . kettringham ● . the king the fountain of all feuds and tenures . ● . the king to have his tenants lands till the heir has done homage . ● . the king universal lord of his whole territories . . anciently granted churches to lay-men . knight , what among the saxons . , . why there are but two knights of the shire for a county ? . knight's-fees . , , , . when introduc'd . . the number of them . ibid. the value of a knights-fee . ibid. knight-service , . kymberley . . s sacha & soca , what in the saxon tongue . . saliques bring the german feodal rights into france . . sall in norfolk . . sandringham . . sanhadrim , when and where the judges of it sate . . satrapies among the saxons . . saxons the first planters of the german rites in great britain . . their charters translated . . the manner of making their conveyances . distinction of persons among them . . how many degrees of honour they had . . how they held their lands . . what oblig'd 'em to so many kinds of services . ibid. saxons very much given to drunkenness . . when they took possession of england . . they swept away the roman laws there . yet took somewhat from them . . why their laws were not at first put in writing . ibid. when they had written laws . ibid. the use of wills unknown to the ancient saxons . . our saxons observ'd the civil law in their wills . . scutagium . , . sedgeford . . segrave ( nicholas ) marshal of england . . seignory , wherein it consists . . services , how many sorts of 'em upon lands . . personal services . . praedial . ibid. alodial . ibid. beneficiary . ibid. colonical . ibid. servitia militaria , what . . the difference between them and servitutes militares . ibid ▪ seymour ( edward ) duke of somerset , nephew of king edw. vi. . made lord treasurer and earl marshal of england . ibid. shardlow ( joh ) justice of oyer , had a licence to hear causes on a festival . , . sharnburn ▪ . history of the family . , &c. shelton . . shouldham . . shyre gemot , what . . signioral authority , what . ● . snetsham . , , , &c. socage . , , , . socmen . ● , , . sprowston . . stanchow . , ● . star ▪ chamber court. , . stigand arch-bishop of canterbury depos'd . . stock-chappel . . stow-bardolfe . . strangbow gilb ) earl of pembroke and marshal of the king's palace . . suiters of the hundred . . when and by whom call'd at this day . ibid. summons , the manner of it in the empire . . sunday , how exempted from law suits . . sustenance , what . . swasham . . swainmote-courts . . syndici , who . , . synod of eanham , when held . . t talbot ( george ) earl of shrewsbury . . executed the office of lord high steward of england . ibid. tallagium . . tasburg . . tassilo duke of bavaria did homage to king pipin . . tenant ▪ lands of how many sorts . . tenants by knight-service . . tenant in capite . . tenant in menalty . ibid. tenant paraval . ibid. tenant's land or the tenancy . . tenants what they were in ancient time . . tenants in socage . . tenants forc'd to pay a fine upon the marriage of a daughter . . to furnish their lords with provisions . ibid. to present them with gratuities . ibid. tenure in capite . . by knight-service . , . the original of tenures . . tenure in socage . , . tenures for life . ibid. what tenures were in use among the saxons . . when first us'd . ibid. no tenures in capite among the saxons . . tenure in capite of two sorts . ibid. the fruits of feodal tenures . . the name of tenures not us'd by the saxons . . terminus , what it signifies . . when the word became frequent . ibid. terms , their definition and etymology . . several acceptations of the word . . full term and puisne term . ibid. the original of terms ▪ , & . two terms among the welch . . the terms laid out according to the ancient laws . . the ancient bounds of hilary-term . , . of easter-term . . of trinity-term . , . of michaelmass-term . , . how trinity term was alter'd . . michaelmass-term , how abbreviated . . why the terms are sometime extended into the vacation . . terra regis . . terrae testamentales . . terrington . . tertium denarium . . testaments and last wills not in use among the ancient hebrews . . not found in scripture before christ's time . ibid. expresly mention'd by st. paul , ibid. not us'd by the saxons or normans . ibid. the custom of making wills from whom taken up . ibid. how many witnesses to a will requir'd by the civil law. . thane or theoden , who . , . their several kinds . . not properly a title of dignity . ibid. the etymology of their name . ibid. the quality of their persons . ibid. the nature of their land. . the word thane has no relation to war. . a thane's heriot . . thane-lands , not subject to feodal service . . charters of thane-lands granted by saxon kings . , . the occasion of granting them . . thane-lands alienated . ibid. devised by will. . granted to women . ibid. no service upon 'em but what was express'd . ibid. dispos d of at the pleasure of the owner . . charged with a rent . ibid. might be restrain'd from alienation . ibid. thane-lands and reveland , what . . thani majores & minores . . thani regis . ibid. theinge . . his jurisdiction . ibid. theowes and esnes , who . . thetford . . thokus dominus de sharnburn . . thola the widow of ore , had a grant of certain lands of k. edw. the confessour . . obtain'd a licence to devise her lands and goods . . thrimsa , what . . thrithingreves , or leidgerev●s , their office and authority . . what causes were usually brought before ' em . ibid. tribunus militum , rei militaris aut exercitus . . tribute . . trimarcesia . what . . trinity-term , its ancient bounds . , . how it was alter'd and shortned . . trinodis necessitas . , . trithings or lathes . . why so call'd . . turfs , why so call'd . , . tydd . . tylney . . tylney-smeeth . ibid. v vacation , what . . a particular vacation appointed by the longobards . . valvasini . . valvasor . , , . vassalagium , what . . vassalli . , . venatio clamosa , quieta , aut modesta . , . villanus , what it signifies in latin. . w de waceio ( radulphus ) princeps militiae normannorum . . wallington . ● . walpole . . walsham . . walsingham . . walsoke . . walter arch-deacon of oxenford . . walter bishop of durham bought northumberland . . sate himself in the county court. ibid. by whom kill'd . ibid. walter marshal of england , the fourth son of william the king's marshal . . when he dy'd . ibid. walton . . walworth ( sir will ▪ ) lord mayor of london . . wapentakes . . watton . . waxham . . wardship , no profits arising from it in the saxons time . . the original of its name . ibid. wardship in scotland . . warenna ( guil. de ) ● . were , or weregild , what . . west-acre . . west - saxon-law ▪ . wic , what it signifies in the saxon tongue . . wichingham . . wigenhall . . william the conquerour transfer'd his country customs into ireland . . makes feuds and tenures hereditary there . ibid. priviledges granted by him to the cinque-ports . . gave certain lands to baldwin abbot of st. edmund s-bury . his laws made by the consent of the bishops and barons . . his constitution concerning festivals and law ▪ days . ● . made a law that no man should be put to death for any crime . . laws of scotland , reg. maj. laws ( saxon ) in the king's library , ms. . lind. cland. despons . . littleton ( justice ) . his tenures . . longobard-laws . , . loyseau de seigneurs . , . ludovici pii exauctoratio . . vita . . lyndwood . . m major ( joh. ) . an ancient manuscript of saxon laws in the king's library . . marculphus . , , . matthew paris . , , , , , ● , , , , , . merula . . n neapolitan and sicilian constitutions . , . norman customs ▪ , . novella of constantine porphyrogenneta . . o osbertus . . oswald bishop of worcester . p pancirollus . , pasquier . . paulus diaconus . . pausanias . . philo judaeus . . placita coronae . . de platea ( joh. ) . plinius . . polydorus virgilius . , . prosper . . r radevicus de gest . frid. i. . radulphus niger . , . ramsey-abbey ms , , , , , . rastal . . s selden . . sigonius . . skeneus . . smith ( sir tho. ) , . soto . , . spelman's glossary . , , , codex legum . . spelmans concilia britannica . , , , . sprott , a monk of canterbury . . statius . . stow. , , , , . suarez . . suecus ( gravius ) . synod of eanham . . t tabienus . , . tacitus . , , , , , , , , . v vegetius . . vincent . , . virgilius . . w walsingham hypodigma neustriae . , , , . waraeus . . k. william i's . laws . , . william of malmsbury . , . y york herald . , . finis . notes, typically marginal, from the original text notes for div a -e pag. . pag. . pag. . durham-house . notes for div a -e birth . praef. ad gloss . edit . by j. a. education . praef. ad gloss . letter against impropriations , printed among the treatises publisht by jer. stephens , . t● sent to lincoln's inn. marriage jac. employments . hacket , life of bishop williams , part . pag . knighted came to live in london . pref. to the gloss . study of our ancient historians . law-terms , chap. in ms. oxon glossary . praef. ad gloss . brady , answ . to mr. petit , pag. . the second part of the glossary . mr. petit's jani anglorum facies nova , p. . & . and the answer to it , by dr. brady , pag. . brady , pag. . councils . praef. ad concil . vol. i. 〈…〉 councils . 〈…〉 council . the second volume of the councils . life of mr. somner . mr. nicolsons english library , part . pag. . 〈…〉 as●mol oxon 〈…〉 pag ▪ ● . larger work of tithes . the history and fate of sacriledge , ms ath. oxon p. . part . codex legum veterum ms. de sepultura . aspilogia book of abbreviations . 〈…〉 pref. to that book . 〈…〉 〈…〉 dedicat. ad tho. adamsium ante bedam . acquaintance . children . praef. ad concil . t. . camd. ep. . 〈◊〉 spelman clement spelman . wood , at h oxon. p. . part . 〈…〉 notes for div a -e 〈…〉 d●finit●●n of a 〈◊〉 . th● 〈…〉 . cujac . in praefat . ad . lib. . feud . p. . & seq . cujac . ad lib. . feud . tit . . p. . instances of feuds among the 〈◊〉 . chron. ●hap . , & ● ibid. cap. . cap. . num. . . kings . . lib. de phocid . p. . among the gauls . bell. gall. lib. . p. . ambact● . bell. gall. p. . ibid. p. . genes . . . germ. mor. p. . cujac . ad constit . lotharii feud . lib. . p. . bell. gall. lib. . p. . germ. mor. bell. gall. p. . in epist . ad bon. vulcan . vid. bellagines in glossario nostro . cujac . in pr●● . a● lib. p. . cujac . ad li● . feud . p. . vid infra chap. ● tenu●e●●●r li●e . how feuds became hereditary . feuds hereditary in england . comment . in consuet . f●●d . cap. . rex mediolan . lib. . gunt . p. . a● lib. . feud . tit. . p. . the great growth of 〈◊〉 ●s to title . cujac . feud . lib. . p. . ibid. lib. . p. . feud . lib. . p. . 〈◊〉 . ● . . 〈◊〉 . no proper feuds before the conquest . what tenures were in use among the saxons . tenures when first used . translation of saxon charters . no feodal words among the saxons . the charter of beorredus examined . hist . lib. . c. . saxon charters in the saxon tongu● . concil . brit. p. . in praesatione illius libri . feudum not in use in beorredus's days . chap. . & . ad marcul● . p. . p. . prooem ad lib. feud . p. . feuda and beneficia . lib. . tit. . &c. lib. . tit. . &c. norm . reform . p. . in gul. rege . no tenures in capite among the saxons . tenure in capite of two sorts . lib. ramsey f. . d. §. . pap. . distinction of persons among the saxons . lands among the saxons . bocland . vid. gloss . in verb. foresta . folcland . inland . ing. sax. p. . outland . praef. ad libr. fend . p. . itinerar . cant. p. . earl no title of dignity anciently . asser . de gest . alfredi p. . ibid. no earldoms hereditary . earldoms in france . loyseau ●e seignier . c. . p. . lin . ●lt . ceorls . cap. . ceorls . p. . de mor. germ. p. . cap. . fol. . c. cap. de weregild ▪ ll. aethelst . ibid. earls capable of knight's-fees . thane , what . th● quality of thanes . hist . se●● . lib. . it●n . cant. p. . cap. de dignitate hominum f. . * sceorp , vestitus , apparatus somn. the three services upon lands conc. brit. sub an. . p. . al. . triremem . con. brit. p. ... p. . p. . p. . p. . 〈…〉 not subject to 〈…〉 p. . lib. . tit. . p. . eadwigus edgarus . ethelredus . ms. mon. de hyde sub tit . r. ethelredi . sic ed. conf. in chart . fact . orco minist . . 〈◊〉 ms de abb. ub . chart. . edward confess . edgar . lib. ms. ejusd . monast . sub tit. edgar chart. ult . thane has no direct relation to war. no mention of tenere , &c. what us'd instead of tenere . the occasion of granting thane-lands . thane-lands alienated . thane-lands devised by will. 〈…〉 g●●nted to women . 〈…〉 upon thane-lands but what was expressed . expedition , repairing of 〈…〉 ingul● . p. , . conc. brit. in an. . ex ingulf . malmesb. & al. thane-lands disposed of at the pleasure of the owner . thane-land charg'd with a rent . pag. . pag. . ma●●● . ● . . pag. . pag. , . pag. . pag. , . profits by wardship . chap. . the name wardship . mr. selden's judgement . p. . sect . par ▪ . cap. . p. . lambards opinion . p. , & . lib. intrat . tit. challing . fol. . magna charta . p. ▪ pag. . p. . fol. . wardship in scotland . pag. . p. . hector boethius . th● auth●ri●y of 〈…〉 . fol. . a. lib. . f. . b. the agreement of the english and scotch laws . marriage of wards . kings . . when marriages came in . 〈◊〉 marriage . art. . cap. . praerog . reg. cap. no reliefs among the saxons . pag. . & . medmena mediocris . releviamentum . heriots and reliefs . bracton fol . ● bracton fol. . a. num . . verb. feudal . fol. . n. . fines for licence of alienation . folcland . 〈◊〉 kent t●● . m●pham . feodal homage . coke instit . par . . sect. . fol. . ● . homage two-fold . neither bocland nor folcland subject to homage . tenures lib. . cap. . §. . norf. terra will. ep. & terra fid. fil . spirawi● . all oath● not fealty . germ. §. . no fealty but for a fee. 〈…〉 . 〈◊〉 in lib. . pag. . summons in the empire . gunter . de gest . freder ▪ i. lib. ▪ p . cannt . ll. ca. . cannt . ll. ca. . & . ibid. ca. . escheats . canutus's law examin'd . thane-lands . 〈…〉 p. . reveland . 〈…〉 . pag. . l. . coke's citation false sense of doomsday . tempore edwardi regis . the french custumary 〈…〉 . personal 〈◊〉 . praedial 〈◊〉 . alodial ●●●●ice . beneficiary services . colonical 〈◊〉 . the import of the charter . * or fee granted . lib. de fend . cap. . p. . prov. . nat. br . dr●it . case . d. bracton . black book of the exchequer . hydes disus'd . notes for div a -e can. apost . ca archi●pis . super epis● . greg. angu . bed. so a du●g . com. ll. edgar cap. . ll. h. i. cap. . * 〈…〉 cum . ll. edw. senior . ca. ult . notes for div a -e * h●r● is 〈…〉 it 〈…〉 that 〈◊〉 comes 〈◊〉 ●●●ms 〈…〉 from 〈…〉 . 〈◊〉 fran. ca. . p. . ll. edw. conf. cap. . de tene●d . comitatib . ll. hen. i. cap. . 〈…〉 c. . 〈◊〉 . lit. lib. . ca. . cujac . const . lot. feud . pa. . 〈◊〉 cujac . lib. . feud . tit. . pa. . cujac . ibid. epist . fulberti epist . canot . & can. . q. . doomsd . heref lene . plac. coron . r. de banco . bracton . * there is space 〈…〉 quotat●●n , in the ●rigina● ; but what p●ace in mat. paris he refers to , i know not . circ . an. . ll. inae praef. circ . . in praef. circ . . ll. praef. & ca. . . praef. foed . circ . . in praef. ll. & epil . cir. . ll. praef. circ . . in praef. circ . . in praef. circ . . in praef. ll. politic . eadm . will. ii. p. . lib. . pa. . lib. . pa. . in an. . w. nubrig . malmesb. rad. nig. sim. dun. rad. de dicet . mat. par. mat. west . ran. cestr . tho. walsingh . viz. 〈◊〉 redimendum personam regis , ad fil●um prim●genitum militem faciendum , & ad filiam primogenitum semel maritand●● . hottom . francog . ca. . co●e report . in epist . ad l. . cod. de legat. l. . fra●●ogal . ca. . p. . ad e●nd . l. notes for div a -e deinde constituit ( gulielmus conquestor ) ut quatuor quotanis , &c. lib. . p. . l. . &c. notes for div a -e lib. . cap. . & . lib. . tract . . cap. . nu . . notes for div a -e 〈…〉 . 〈…〉 . 〈…〉 had about six m●re or l●ss of them , so called because on them the prytanean magistrates might hold court. so called 〈…〉 where their business was to sit only on things inanimate , as when a piece of stone , timber or iron , &c. ●ell ●n a man , ●f the 〈◊〉 that ●●●ng it were not known , sentence was past on that thing which s●ew him ; and the masters of this court 〈…〉 see that thing cast out of the territories of athens . see the attick antiq. l. . ch. sect ; . . the m●nth february , 〈◊〉 as others would have it march , when sacrifices were most usually offer'd to the goddess diana , 〈…〉 cognomen diana , quod est , jaculis cervos figens . 〈…〉 . de bello gallico lib. . hist . c●●b p . * de rep. angl. lib. . lib. . capit. car. & lud. can. . l. solis . cod. theod. de exact . caus . quaest . . c. . lib. . cap. ● benedict . levita . bin. tom. . part . p. . concil . tom. . p. . can. . quaest . . al. septuagesima . lib. . c. . can. . q. . ca. . can. . q. . ca. . fif þeoƿ mon ƿyrce on sunnan daeg . be his hlafordes haese . sy he freo . if a servant work on sunday by his master's command , let him be made free , &c. legum cap. notes for div a -e of edw. the elder and guthrun . legum cap. . leg. alur . cap. . the synod of eanham . 't was held between the years . and . see the author's con. britan. tom. . pag. . the word synod here signifies more than council , not as 't is usaally restrained to that of the clergy 〈◊〉 . concil . eanham . can. . can. . can. . can. . notes for div a -e 〈◊〉 leg . cap. . * matth. . . mar. . . notes for div a -e leges edw. conf. cap. . sect. . notes for div a -e in hen. ii. pag. . lamb. exord . ll. gul●el . cod. ms. in descrip . norman . custum . cap. . lib. . c. . lib. c. . . lib. . c. . ll. edw. conf. c. . gloss . can. . q. . ca. non oportet in quadrages . lindo . c●an . 〈◊〉 ca. omnia . v. so●empn . decr. grat. de feriis , ca. capellanus . decr. grat. can. . q. . ca. non oportet ● septuag . b●l●th . de divin . o●●i● . ca. . notes for div a -e leg. hen. i. c. . an. dom. . hist . nov. lib. . pag. . in hen. ii. pag. . lib. . cap. . dial. scacc. ca. . notes for div a -e 〈…〉 hypodig . neust . an. . malm. p ll. gul. r. s●n. c. . de gest . freder . i. lib. . c. . cust ●●t . cap. 〈◊〉 . concil . tom. . mr. ai● . agard . notes for div a -e 〈◊〉 . 〈◊〉 viii . 〈◊〉 . c●d . de ●●ri●s , l . ca. . l. ●in . & ff . l. omnes dies . tit. de f●●iis , ca. . can. . quaest . . silvarum 〈…〉 . hist . l●ng●b . lib. . cap. . wisegoth . lib. . tit . . l. . sam. . . sam. . . swainmote or swanimote ( from the saxon sƿaegn , i. e. a country clown or free-holder , and mot or gemot conventus ) is a court of free-holders within the forest . see . hen. viii . ca. . lib. . cap. . notes for div a -e before the abbreviation by . car. i. cap. . dial. lib. . cap. . * but the a●signees to ta●e ●●gnizance of weights and mea●ures , by the statute of . ed. . c. . are notwithstanding 〈…〉 their estreats ●endemaine d● s. mich●l , 〈◊〉 morrow after 〈…〉 rastal , weights and measures . ca. . * here seems to be something wanting . notes for div a -e * this chapter is inserted in the ●●●tion of ● notes for div a -e chap. . v. . hist . lib. . cap. . tit. . cap. . lib. . can. . archaeol . verb. comes cap. . §. . & alia capit. caroli §. . de offic. dele . consuluit . 〈…〉 pat. . r. . part . m. . . edw. i. ca. . an. . & . edv. . cap. . tabien . v. feriae . § . tit. de feriis , ca. conquestus . lev. . , . exod. . . i●●m , lev. . . why they sit on rogation-days . tabien . feriae §. . why on some festivals , and not on others . * before the abbreviation , car. . the difference of festivals . durandi lib. . c. . n. . durandi lib. . ca. . rast . excom . . belethus explicat . ca. . 〈…〉 〈…〉 the feast of st. peter ●nd st. 〈◊〉 it seemeth that the s●atute of . and . of edw. vi. cap. . notwithstanding the reveal of it amongst a multitude of others by queen mary , anno . sessione . cap. . is revived again , tho' not by queen elizabeth , yet by . jacobi cap . in these words ; that an act made in the first year of the reign of queen mary , intituled , an act for the repeal of certain statutes made in the time of king edw. vi. shall stand repealed . see poulton too . st. george's day . virgil. georg. lib. . lib. ep. conc. medard . can. . q. . ca. . can. . q. . can. . lib. . tit. . ibid. l. div. trajanus . metam . lib. . h. . ca. . . h. . ca. . aimo . & . hoveden p. . fol. . b. in commiss . ejus . * see in the appendix , at the end of this discourse , the grants and licences of this kind made by the archbishops , and the bishop ●f norwich . see my codex ll. antiq. an. . b. leges ethelredi cap. . cap. . * so●●ius . . henr. iii. cap. . . henr. iii. lev. . v. . cod. de dilation . l. sive pars fol. . pag. . can. . q. . * germanor . . part of this paragraph seems to be cross'd out in the original ; but without it the connexion cannot be made good . * here is this note in the margin of the original : that the saxons , abjectio dominio britonum , jam 〈…〉 ca. c●eperunt . * in the original this paragraph seems to be cross'd out ; for what reason i know not . our author has left us another account , how far the britains and saxons made use of the roman laws ; which we find in the printed copy . it is also in the original ms. tho' cross'd out , and that which we have printed put in its place . but notwithstanding it appears that he design'd this , as his last thoughts , for the text ; yet the other is of more moment than to be omitted . it is thus , by this , we may conceive how the romans dealt with the britains touching their laws , and the story of st. alban and amphibalus somewhat sheweth it . but more plainly seneca speaking of claudius the emperour having conquer'd this island : — jussit & ipsum nova romanae jura securis tremere oceanum : in ocean isle new laws he set ; that from the roman axe were set . and more plainly yet herodianus ( in severo , p. . ) speaking of severus the emperour's going out of this island : he left ( saith he ) behind him , in the part of the island subject to the romans , his youngest son geta , to administer law and the civil affairs thereof ; and some of his ancient friends to be his counsellors ; taking his eldest son antoninus for his wars against the barbarians . in averment of all this , it appeareth by tacitus ( annal. lib. . p. . ) and dion cassius ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) that the romans here had in every colony their curiam for justice , and their cruces and patibula for execution . in the colony of camalodunum , saith tacitus , was heard sremitus in curia and suetonius overcoming them , put them to patibula , ignes , cruces , ibid. so that all concurreth to the verifying of the old verse : cernitis ignotos latia sub lege britannos . but what laws soever the romans made in britain , the saxons doubtless swept them all away with the britains . there is this certain proof of it : antoninus made a constitution , that all nations under the roman empire should be call'd romans ; and when the northern people brake into th se lower parts of europe , and made their habitation there , the old inhabitants ( whom they expelled not but liv'd mingl'd with ) were still called romans ; as we see in the ancient laws of the saliques , burgundians , in cass odorus and others ; and their laws distinguish'd by the title of lex barbara and lex romana . but here in britain , after the saxons had conquer'd , we never heard nor find , any mention of lex romana , or of any roman inhabitant : which sheweth that both it and the laws of the britains were expell'd and driven away together ; or , that of the romans with the romans , and that of the britans with the britans . * the author's name is so obscurely writ , that i cannot ●●ad it . notes for div a -e * rogerus de skerwing . ●o . henr. iii. notes for div a -e 〈…〉 . ●app . . . . . . ad ca. lator. ad cap. johannes . lib. . tr. ● 〈◊〉 . l. . ca. ● . ●a . . e● burch . l. . ca. . l. . quaest . . ca. . notes for div a -e so carol. m. in decreto suo . furnonens . synod . can. . cabilonens . can. . cent. . col. . l. . 〈…〉 cleric●r●m 〈…〉 . to ride , shoot and hunt , be the three martial qualities , whereby the rutil in the ninth book of v●g●● , proveth his countrey-men to be good souldiers : v●na●● invigilant pu●ri , sylv●sque ●atigant . flectere lud●s eq●●s , & spicula vendere cern●● . vid. malm. p. . l. . balaeus cent. . ca. . in append. citat . magdeburgg . cent. . ca. . col . . pos●unt tamen clerici arma portare ●x causa justa , utputa si transeat per loca periculosa , ad terrorem latronum , licet non debent perc●tere . pupil . oc. par . . ca. . i. ubi libri citantur alii . v. malm. de gest . pontif. l. . pa. . l. . chron. pa. . col . a. notes for div a -e . june . kings . . cod. de testam . . . l. angl. tit . . de potestate testandi p. . sam. . . cust . ref●rm . d● norman . art. . art. . art. . * art. . gloss . ad art. . engolism . in vita carol. p. . testam . alfredi in angl. norm . p. . testam . praedict . lib. rams . §. . lamb. itin. cantiae . p. . instit . de test . ord . §. sed ut . ibid. §. sed cum . ibid. §. testes autem . constit . novell . lib. ix . tit . . formul lib. . cap. . ff . de tab. exhib . l. si quis . paul. sent. lib. iv . tit . . bign . p. . gloss . cod. de testam . l. . lib. . cap. . & . ff . fo . . cod. instit . de testam . lib. . f. . cod. theod. lib. . cap. viii . cod. de testam . lib. fol. . clericis ut d. l. . de episcopi & cleri repetita . wi●●goth . 〈◊〉 . 〈◊〉 v. ● . . wis●go●h . 〈◊〉 . 〈◊〉 v. l. . la coust . ref●r . art. . verb. notaire o● tab●ll●●n . 〈◊〉 ●ir●r . iti● . can● p ● . ibid. p. . ll. alur . c. . cod. de testam . 〈…〉 . 〈…〉 alu● . ● . ● . edg. ll. secul . canut . ll. secul . cap. . ms. longob . lib. . tit . . capitular . lib. iv. tit . . inter privil . eccl. lincoln . indulta & à ric. ii. per inspex . confirm . anno ejus do . ch. . m. . n. . lib. vii . cap. . reg. maj. lib. . cap. . §. . lib. vii . ●ap . . mag● . cart. hen ▪ i. ●ap . . notes for div a -e icenorum nomina . icenorum derivatio . pag. . a. & . b. i se fluvius unde dictus . iceniae termini bal. . walsing . ypod. in an. . p. . de cael● & solo. marslandia plin. l. . cap. . w●l●●k● . w●lt●n● . w●lpole . m. pa●is ▪ in anno t●●●ington s ma●ies . tylney . tylney-smeeth . wigenhall . wisebeach . sect. . sect. . beaupreovum tydd isis 〈◊〉 . sect. . clacklose cent. met. l. . 〈…〉 〈…〉 ● . 〈…〉 〈…〉 chron. lindenbrog de r●gib da● 〈…〉 wa●●us i● woney perg . 〈…〉 〈…〉 bicham-ditch . newmarket-ditch swafham castle-acre . west-acre . nar. narford . gunther . l. . p. . 〈…〉 〈…〉 sh●●ldham . wormgey 〈◊〉 len quaere de hoc ( spelmanni nota . ) rex johannes filtus henrici ii. ut achilles à martiale aeacides dicitur , quia ab ae●●o oriundus . matt. lib. ● . epigr. . 〈…〉 . 〈◊〉 . congham . vid. eadmer . l. . & malmesb. lib. . de gest . pontif. rougham babbingley . flitcham 〈…〉 . will. conq. non ●mres s●d pleresque anglos e●haereda●it . lib. rams . sect. . ( nota spelmanni ▪ ) sedgeford stow p. . vide veget. l. . c. . & stewec . f. . o●id . ve●illa● . comita . cap. . burnham it. cam. l. . cap. . pag. . creake holkham . ebulum . the meales miles , seu mules . walsingham . 〈…〉 . 〈…〉 . 〈…〉 . wissingset . mil●h●m . elmham . gressenhall . walsing . ypod. p. . melton . heydon . sall. repham blickling . wichingham . mat. par. an. . baningham ▪ baningham . baconsthorp . gresham . ●●lbirg . cromer . gimmingham . bronholm . mat. par. an. . in henr ▪ iii. p. . fol. . col. c. paston . waxham . cowshil . frekenham . crostwick sprowston . randworth . ludham . s. benne● ▪ lib. eliens . pag. . acle . flegg . . 〈◊〉 stow p. . 〈…〉 〈…〉 haileston shelton tasburg . 〈…〉 〈…〉 cossey . bouthorpe . intwood . kettringham . windham . hengham kymb●●ly . a●●ilburgh 〈…〉 . bu●k●nham ▪ keninghal 〈◊〉 . lopham 〈…〉 . thetford breclys . ellingham . woodrising . carbrook watton . merton . northwold . methwold . hockwold . fel●well . notes for div a -e hunt. . l. ● . l. . ● . . henr. i steph henr. ii. quaere , nam 〈◊〉 in comitibus penbrochiae , ait de richardo praedicto : hujus 〈…〉 isabella 〈◊〉 dictum 〈◊〉 ( ●● quod ejus majores fuissent hereditaris marescalli palatii 〈◊〉 ) maritum codem [ comitata palatin● 〈…〉 quasi majores istius willielimi , non isabellae axoris suae fuissent 〈◊〉 [ nota spelmanni . ] henr. iii ●● hen. iii. ●● henr. iii. ●● henr. iii. ● h●nr iii ●● h●nr iii . vel . henr. iii. . edw. i. . edw. ii. . edw. ii. . edw. ii. 〈…〉 iii. 〈…〉 iii. 〈…〉 iii. 〈…〉 iii 〈…〉 iii 〈…〉 iii 〈…〉 ii ● ric. ii. . ric. ii ● . ric. ii. . ric. ii * sed in libro feodario , sacto . ed. iii. tit. hund. de frebriggs , sic legitur : prior de massingham tenet m● massingham tam part●m feodi militis de comit● marescallo . — p. . [ spelman . ] . ric ii. . ric. ii. . henr. iv. . henr. iv. . henr. iv. . henr. v. . henr. vi. . edw. iv. . rich. iii. 〈◊〉 hen● . vii . 〈◊〉 ●i ▪ maria. * anglorum proto-comes . notes for div a -e thegan in vi●● l●● ▪ malmesb ▪ de reg. l. jo moyn . hist . norm . lib. . flodoard . remens . hist . lib. . ca. . de germ. mor. 〈◊〉 . ●a . . notes for div a -e nota 〈…〉 asceurus primus ●iliu● 〈◊〉 . secundus filius asceuri & eju●●●itus . tertius filius praedicti asceuri . primus ma●●tus etheldredae , & 〈◊〉 ●●itus . 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 〈…〉 〈…〉 prima filia galfredi & etheldredae , & ejus exitus . 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 quartus filius petri , & ceciliae . quintus filius petri , & ceciliae . filia petri & ceciliae . bastardi praedicti petri. prima filia andreae secundi . filius andreae secundi . secunda filia andreae secundi . tertia filia andreae secundi ▪ bastardus andrea● 〈◊〉 . * haec manu nupera inserta sum . * abhinc manu recentiore continuatur code● ms. notes for div a -e * it wants the beginning . kings ch . . ver . . chron. ch . . chron. fol. . ● . . chron. fol. . b. . notes for div a -e canterbury rochester . carlile . rochester . winchester . york . norwich norwich . durham . lichfeild . worcester . landaff . bath and wells . exeter . sarum . st. davids . hereford . london ely bangor . lincoln . chichester . s asaph isle of man tracts written by john selden of the inner-temple, esquire ; the first entituled, jani anglorvm facies altera, rendred into english, with large notes thereupon, by redman westcot, gent. ; the second, england's epinomis ; the third, of the original of ecclesiastical jurisdictions of testaments ; the fourth, of the disposition or administration of intestates goods ; the three last never before extant. selections. selden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) tracts written by john selden of the inner-temple, esquire ; the first entituled, jani anglorvm facies altera, rendred into english, with large notes thereupon, by redman westcot, gent. ; the second, england's epinomis ; the third, of the original of ecclesiastical jurisdictions of testaments ; the fourth, of the disposition or administration of intestates goods ; the three last never before extant. selections. selden, john, - . littleton, adam, - . white, robert, - . selden, john, - . jani anglorum facies altera. english. selden, john, - . england's epinomis. selden, john, - . of the original of ecclesiastical jurisdiction of testaments. [ ], , [ ], , [ ], p., [ ] leaf of plates : port. printed for thomas basset ... and richard chiswell ..., london : mdclxxxiii [ ] each part has special t.p. and separate paging. reel guide erroneously identifies this work as wing s a. engraved frontispiece portrait of the author signed: r: white sculpsit. error in paging: p. of second count misnumbered . errata: p. [ ] following p. [ ] of first grouping. reproduction of original in the duke university library. includes bibliographical references. the reverse or back-face of the english janus, to-wit, all that is met with in story concerning the common and statute-law of english britanny ... / written in latin by john selden ... ; and rendred into english by redman westcot, gent. london : printed for thomas basset, and richard chiswell, mdclxxxii [ ] -- england's epinomis / by john selden, esquire. london : printed for thomas basset ... and richard chiswell ..., mdclxxxiii [ ] -- two treatises written by john selden ... : the first, of the original ecclesiastical jurisdiction of testaments, the second, of the disposition or administration in intestates goods. london : printed for thomas basset ... and richard chiswell ... mdclxxxiii [ ]. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng law -- england -- history and criticism. probate law and practice -- england. ecclesiastical law -- england. inheritance and succession -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion johannes seldenus . armig : tracts written by john selden of the inner-temple , esquire . the first entituled , jani anglorvm facies altera , rendred into english , with large notes thereupon , by redman westcot , gent. the second , england's epinomis . the third , of the original of ecclesiastical jurisdictions of testaments . the fourth , of the disposition or administration of intestates goods . the three last never before extant . london , printed for thomas basset at the george in fleet-street , and richard chiswell at the rose and crown in s. paul's church-yard . mdclxxxiii . the reverse or back-face of the english janus . to-wit , all that is met with in story concerning the common and statute-law of english britanny , from the first memoirs of the two nations , to the decease of king henry ii. set down and tackt together succinctly by way of narrative . designed , devoted and dedicated to the most illustrious the earl of salisbury . written in latin by john selden of salvinton , student of the inner-temple in london ; and rendred into english by redman westcot , gent. haec facies populum spectat ; at illa larem . london , printed for thomas basset , and richard chiswell . mdclxxxii . to the right honourable and truly noble lord , robert earl of salisbury , viscount cranborn , baron cecil of essenden , knight of the illustrious order of the garter , lord high treasurer of england , master of the court of wards , and privy counsellor to his most excellent majesty , james , king of great britain , france and ireland , heartily according to his high desert , i devote and dedicate , and as it were with consecrated flowr , and crackling grain of salt , i offer up in sacrifice . i am not in condition to do it with a costly victim , or a full censer . great sir , deign with favour to receive these scraps of collection ; relating intirely , what they are , and as far as the present age may be supposed to be concerned in ancient stories and customes , to the english-british state and government ; and so far forth to your most honoured name . which name of yours , whilest i , one of the lowermost bench , do with dazzled eye-sight look upon ( most noble lord , and great support of your country ) i devoutly lay down upon its altar this small earnest and pledge of my obedience and duty . the translator's preface to the reader . reader , thou canst not be such a stranger to thy own countrey , as to need my commendation of the learned , worthy and famous author of these following sheets ; or that i should tell thee , what a scholar , a philologer , a humanist , a linguist , a lawyer , a critick , an antiquary , and ( which proves him an absolute master of all these and many other knowledges ) what a writer , the great selden was . since it is liberally acknowledged by every body , that knows any thing ( not only at home , but abroad also among foreigners ) that europe seldom hath brought forth his fellow for exquisite endowments of nature , attainments of study , and accomplishments of ingenuity , sagacity and industry . and indeed , to save me the labour of saying any more concerning this non-pareil in all kinds of learning , his own works , which are now under a review , and will e're long be made publick in several volumes , will sufficiently speak his character , and be a more prevailing argument to indear him to thy good opinion and firm acquaintance , than mine or any other words can . my business now is only to give thee some account of the author's design in this little treatise , and of those measures i took in translating him , that is , in restoring him to his own native language ; though his great genius had made the latin and several other tongues , as natural and familiar to himself , as the english was . to speak first of the author , i do take this piece to have been one of his first essays , if not the very first ; wherein he launched into the world , and did not so much try the judgement , as deservedly gain the approbation of the learned : which was certainly one reason , why , though the whole matter of the book be of an english complexion and concern , yet he thought fit to put it forth in a latin dress . that this was his first specimen , or at least one of the first , i gather from the time of his writing it , viz. in the six and twentieth year of his age ; when i suppose he was not of any very long standing in the temple ; i mean , in all likelihood , whilst he was on this side the bar. for having fraught himself with all kind of learning , which the university could afford him ( which could be , we must imagine , no small time neither ; as i may be allowed to guess from that passage of his in this book , where he so affectionately recognizeth his duty and gratitude to his dear mother oxford ; who , if she had no other antiquity to boast of , is and ever will be famous for this her scholar , our great antiquary ; who hath also such a monument to be seen in her publick library , as will make her glory and his memory ever to flourish ) i say , having after some competent time taken leave of academical institutions , and being now engaged into the study of law , he thought he could not do his profession a better service , than by looking back into former times , and making a faithful collection of what might be pertinent and useful , to bring down , along through all changes and vicissitudes of state , the light and strength , the evidence and reputation of old institutes and precedents to our present establishments under our gracious and happy monarchy . may it , as it is in its constitution to the english people gracious ; so be ever in its success to it self , and consequently to us all , happy ! here then thou wilt find the rights of government through all ages , so far as our histories will help us ; here thou wilt see , from the first , our king setled in his just power , even in his ecclesiastical jurisdiction against the papal usurpation ; one shrewd instance whereof is , the forbidding appeals to the pope , at such a time when the popish religion was at its zenith in this island ; that is , when people in all probability were most ignorant . here thou wilt easily be brought to acknowledge the antiquity and usefulness of parliaments ( though under other names till after the conquest ) when all the barons , that is , as that title did at first import , all lords of mannors , all men of estate assembled together for the determination of publick affairs : which usage , because it produced too numerous and cumbersome a confluence , was afterwards for better convenience retrenched into a popular election by the kings writ to chuse some of the chiefest to act for all the rest . and sure enough , if we in duty keep up the royal prerogative , and our kings , as ever they have done , and ever , i hope , will , in grace and clemency oblige the peoples consent in their representatives ; we shall alwayes have such laws , such a government , such a correspondence betwixt prince and subjects , as must ( according to the rules of humane prudence , adding our piety to it ) make this kingdom of great britanny ( maugre the malice of the devil and his agents whatever , jesuits or fanaticks ) a flourishing and impregnable kingdom . having said this in general of the author's design , i shall not descend to particulars , which i leave to thy self , r●ader , to find out , in the perusal , that may be of good use and great consequence to the publick ; but fearing , thou maist think i am so much taken up with the author , that i have forgot my self , i have two or three words to speak of that sorry subject , before i leave thee . as to the translator ; i confess , it is no great credit for any one to appear in that figure ; a remark , which i have learn't from one , who hath translated another excellent piece of this noble author , ( noble i call him , sith nobility is rais'd by parts and merits , no less than continued by birth and descent ) it was his mare clausum , wherein he , i spoke of , hath acquitted himself very well , abating for his villanous dedication to the rump-parliament , which was then setting up for a republick ; in which dedication of his , he hath vilely and like himself ( i speak in charity , as to his interest , i mean , not his judgement or conscience at least , if there were any ) aspersed the royal family with weakness and collusion , to have lower'd the british renown . i am bid by him , who puts this into thy hands , to tell thee , that when he was embark'd into this employ ; whatever it was , upon the coasting of it over , he was surprized to find , he had undertaken such a difficult and hazardous voyage , and did presently conclude , that none but a selden ( that is , a person of omnifarious reading ) was fit to be a selden's interpreter . for no other person , but one so qualified , can be master of his sense , master of his expression . his ordinary style , where he delivers himself plainest , is as to the matter of it , so full of historical and poetical allusions and as to the method ( and hath that of crabbed in it besides ) so intricate and perplex , that he seems , even where he pretends to teach and instruct , to have intended only to amuse and confound the reader . in very deed , it is such a style , as became a learned antiquary , which is to be antique and oracular ; that one would think , the very paper , he wrote upon , was made of the sibyll's old-worn sheets , and that his meaning could not be fisht out without the assistance of a delian diver . however the translator ( though so much inferiour to the undertaking , as to be almost unacquainted with some considerable parts of it ) did presume ( whether rightly or no , must be left to thy judgement ) that he was not utterly unfurnished with those skills and helps , which might make the work intelligible and acceptable even to plebeians . for though it was at first designed by the excellent author in his latin for such as were meerly lawyers and scholars ( they must be both , that mean to understand it as he wrote it ) yet now it being done into english , it was to be calculated to the meridian of common capacities and vulgar understandings . which end he hath , he hopes , in some good measure answered ; and in order to which end , he hath , to supply the defects of his translation , at the end of the book subjoyned some annotations , which may serve partly to clear the author's meaning , and partly to vindicate himself in the interpretation . he did think once to have affixt those annotations to the places they belong to ; but upon second and better thoughts , he consider'd , that the authors quotations would be enow of themselves to charge the margin with , and a further superfoetation would but cloy and surbate the reader ; though in the body of the work , there are up and down many explanations inserted , to excuse him from the trouble of having recourse to those notes , which are added out of pure necessity , and not from any vanity of ostentation , since the whole , if it had its due , might seem to require a perpetual comment . in the main , which is enough for a translator , be his author what he will , he doth assure thee , that the meanest subject of england may now read one of her greatest champions and writers ( for learned pens sometimes do as good and as great service as valiant swords do ) so understandingly , that he may edifie and learn , what duty and deference he ought to have for the best of governments . and now , reader , excuse me in a digression , and do not impute it as a levity to me , that i follow my grave author . it is my duty so to do ; it is my happiness , if i can : he doth not despair , now he appears in english , to have female-readers too , to court him so far at least as to peruse his translation , who hath so highly courted them with noble caresses in that chapter , wherein he hath so learnedly pleaded the excellencies and rights of that angelical sex , ( if angels have any sex ) to the abashment and overthrow of the salick law. to what purpose did the author write so much in their commendation , if they were not to know it ? which , if the poor translator hath any obligations upon the sex , he hopes they will own this as an addition : not to mention that other chapter of his , where , like a gentleman and a lawyer both , he maintains that freedom peculiar to our english ladies , and which with lawyers leave , i may call the courtesie of england , in receiving of salutes , against the censure of rudeness on the one hand , and the suspicion of wantonness on the other . though i must confess also , that some of his citations in that defence , are so free , that i thought fit rather to leave them as i found them , than by putting them into english , to expose the modesty of the sex. i have no more to say , reader , but to beg thy excuse , for any thing , wherein i may appear to have come short of the weighty and abstruse senses of our great and worthy author , and that i may detain thee no longer from his conversation , to bid thee farewell . the author's preface to the reader . and that the tutelar or guardian of my threshold may not entertain thee with unlucky or ill-boding terms , he doth freely be speak thee health and greeting , whoever thou art , dear reader . moreover , he is in the humour to declare both the occasion of drawing the first furrow of this enterprize , and also the model and frame of the whole work , what it is , finished and compleated . it is a long while ago , considering how young a man i am , since from the first i have made it my hearty wish , that the ancient original and procedure of our civil law might more fairly and clearly be made out ; as far , i mean , as the thing will bear , and as what store we have of publick records affords assistance . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for several men with several things are pleas'd , as said archilochus of old ; and i do own for my self , what seneca the declaimer saith , that i take pleasure in going back to studies of antiquity , and in looking behind me to our grand-sires better times . which , to say truth , they who do too much , slight , ardua dum m●tuunt , amittunt ver● viai . that is , whilst l●fty passes they do fear , through sloth they lose the certain tracks and paths of troth and , so may the muses alway favour me , they are such things as are — anteiqua , sepolta , vetusta , quai faciunt mores veterésque novosque tenentem moltarum veterum legum , divômque hominumque prudentem . — as saith another old latin poet ; that is , such stori●● as are antique , buried in rubbish , old and musty , which make one verst in customs old and new , and of laws , gods and men giving a view , render the careful student skill'd and trusty . some spare hours have been spent by me in reading over historians , chronologers , antiquaries , foreigners and our own countrey-men , those of ancient date and the more polite of the modern sort : those especially who seem'd to make out the quickest course to that goal and design i spoke of . i have carefully cull'd out whatsoever i met with , that lookt like the orders and decisions of praetors or lord chief justices , and whatsoever concerns the civil or prophane law. ( prophane i call that , which is not held by the religion of the church ; as sextus pompeius hath taught me . ) i did judge that there were a great many things in those writers worth the knowing , and which might deserve to be digested into a kind of volume according to order of chronology , i did in the first place advise , and took that special order with my self , that as to this undertaking , i might with the greater ease have my attendants ready at hand to wait upon my studies . i went about to give s●me closure and coment , such as it is , ( i. e. some method and connexion ) to the scattered and disjointed bulk , and i brought it to a conclusion ; and assoon as it came into my mind to publish it , i endeavoured according to that meanness , which it appears in , to finish it ( that i may make use of a mathematick term ) with its complement . i have set the model and frame upon a sure account ( not upon mine own credit neither , who am too apt to take on trust things suspected ) and in a compendious way : i have writ my self compendiously and succinctly ; i have transcribed out of others faithfully . i do on set purpose vouch the credit , i go upon , to be none of mine , but the authors , i have taken out of , that i may not be accused of false dealing by unskilful or careless readers . i have applyed my self not only to the meaning of the writers , or to their historical account , but even to the very words and syllables , which they spoke , and have inserted them printed in a different character ; those , i confess , unless it be from them of the middle age , many times sufficiently barbarous , that miserably want polishing , such as criti●ks cannot away with , and do very well agree with the records and reports of law , which we converse with . however i would not have thee disdain in the mean time brimful and wholsome draughts of liquor , because the bowl was not made in a potters shop of colias a place in athens , or in cold winter to slight a garment which is not made of attick wooll ; as plutarch hath admonished the hearers of philosophy . let young ladies speak finically with their golden flower-amours , and let them , who have store and leave at once , court the graces of words and beauties of expression . 't is true , the care of exact speaking , is a thing befits the muses , yet how the most abstruse mysteries even of the highest urania , of divinity it self , are laid open without it , the thomists , the scotists , and what other sects and parties of school-men there are , know well enough . and there are some others also , that think they know ; i mean the inquirers into heavenly calculations ( astrologers ) and the weather-wise-men ( almanack-makers ) who in good deed for the most part rely too much upon the trifling stories of their masters . now they , and not without good reason , have preferred the arab writers barbarously translated , and slovenly bonatus before julius firmicus and modern pontanus , as spruce as they are . these two may rather be termed grammarians , than astrologers . nor do aristotle's crabbed lectures of natural philosophy discourage interpreters or procure to themselves any discredit , by reason of the affected obscurity of speech , they are delivered in : and as to neatness of poetry , apollo himself hath been out-done by sappho , homer , hesiod . though the matter doth often surpass the workmanship ; yet who is there is so rigid or so fond a censurer , as to disparage and debase the matter upon the account of the workmanship ? which i would not have be said only of those passages , which i have brought into this piece out of those fore-mentioned authors , but also of the whole body of our common-law . i have , i hope , not unluckily begun with the very first inhabitants of this isle , as far as we can come to the knowledge of them . those authors , whom i have followed in the original of story , i have , as it was meet , set down and remark'd , adding the judgement and censure of the learned . afterward , besides caesar and tacitus there are but few that afford us any help , and that but in few things too . for the name of brittany was known but of late to the greeks , but of late to the romans ; and the britans were truly for a long while divided from all the world besides . but among foreigners the latter ages have enquired after them . i speak of strabo , pliny , ptolomy , others ; and a certain writer of asia , marcianus heracleotes , not y●t , that i know of , turned into latin , saith thus , albion the brittish isle hath in it thirty three nations , fifty nine remarkable cities ; and then he subjoyns other things concerning the number of rivers , promontories , havens and creeks or bays . i have stretched out this piece to the death of king henry the son of mawd the empress by jeoffrey the count of anger 's in france . in whose time , or near thereabout , are the first beginnings of our law , as our lawyers now account . there come in by the way richard called coeur de lion and king john ; but there is scarce any thing in that interim to our purpose . i have on purpose passed by mr. lambard's archaeonomia ( or antiquites of law ) without medling with it at all , only when some obvious accasion did sometimes suggest it for the explaining of what is set down by us . i have divided the whole into two books ; the first closes with the saxons ; the second begins with the norman conquest , the most famous aera or date of the english government in the reckonings of time . but however to refer the original of our english laws to that conquest ( as some make bold to do ) is a huge mistake ; forasmuch as they are of a far more ancient date . for it is a remark amongst statesmen , that new acquired empires , do run some hazard by attempting to make new laws : and the norman did warily provide against this danger , by bestowing upon the yielding conquered nation the requital of their ancient law : a requital , i say , but more , as it should seem , for shew than use ; and rather to curry favour with the people at the present , than in good deed for the advantage of the english name . wherein he in some measure followed well near the practice of alaricus , who having conquered the romans , and finding that they took it in dudgeon to be bound up by the laws of the goths , though in other things they were compliant enough , restored to them the roman laws , but by sly interpretations against the sense and meaning of the roman laws he drew these laws back again to the gothish . for the times on this side the normans entrance , are so full of new laws , especially such as belong to the right of tenancy or vassalage ; though other laws have been carefully enough kept up from the time of the saxons , and perhaps from an earlier date . for neither did the gliding decrees of that blazing-star , which appeared in the easter of that year , so well known for this victory , prognosticate , as the change of the kingdom ( a thing which astrologers affirm ) so the abolition of our laws ; and yet in some sense peradventure an alteration of them both ; at that rate , i mean , as jerom cardan writes , that the comet in the year . which appeared in aries ( to which sign , our island according to ptolomies doctrine is lyable ) under the north side of the milky way , being of a jovial , martial and mercurial force and efficacy , was the fore-teller or fore-runner of the change of religion ; which happened three years after in henry the eighth's time . but whatever may be thought in other cases , christianity is exempt from the laws and over-ruling power of the stars , and i do but too well perceive , that cardan's piety is wanting in this and in other instances , and particularly in casting our saviours nativity . and why do i too much besides my purpose , trouble my self about these things here ? go thy wayes to our janus , ( for thou canst hardly chuse but own him having two faces ) where to speak of our english brittish law ( 't is no treason i trow so to call it ) nobilitas nec origo latet , sed luce sequente vincitur . — that is , it 's noble rise doth not lye hid , but tight . attending makes it far more clear and bright . for , si nobilitas cunctis exordia pandit laudibus , atque omnes redeunt in semina causae . that is , if nobleness doth first commence all praise , and all things from their seeds do themselves raise . however it does not at all boast of its romulus's , its numa's , its decemviri , it s . books , it s . and . and . verses , and the like ; which having been digested long since ( as it were — non hos quaesitum munus in usus , that is , a boon not purchas'd for such use as this ) do far and near bear sway in courts of law throughout all europe ; yet is not the rise and original of our laws also less to be regarded ; nor is it perchance for distance of time further from iapetus than they . but go thy wayes , i say , and see that thou dost not undertake without reason and good advice , to fit any thing to the present age , otherwise than the changes , the repeals and cancelling parts of laws , and new emergencies and vicissitudes of affairs , which were frequent , will give thee leave . remember lucretius in this case alike as in others . quod fuit in pretio , fit nullo denique honore ; porrò aliud succedit , & è contemtibus exit , inque dies magis appetitur , floretque repertum laudibus , & miro'st mortaleis inter honore . that is , what was in price , at last hath no esteem ; whilst somewhat else starts up , and gains repute , and every day grows more in vogue and brute , and mortals strangely do it highly deem . according to what that other , and the greatest philosopher among the poets saith , multa dies , variusque labor mutabilis aevi rettulit in melius . — that is , time and the various toyl of changing age many things betters , and reforms the stage . and the greek sentence , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for time to laws themselves gives law full oft . without a world of rubs in the way and slips or distances of years , i saw i was not able to put upon the work the face of a history , and to muster up all things that are wanting . very many things are so effaced by injury of time , several things have been lost through neglect , nor is the learned world under a small discontent , or at small variance by reason of this loss . these remains , which are left us , to be handled upon occasion , i have alwayes accounted pleasant researches : i , and perhaps one may say , that those learned pieces , which pomponius , rivallius , zasius , oldendorp , brissonius , and others , have published concerning the twelve tables , and the laws written upon oaken planks , upon elephants skins , and in former ages upon brass , are not of more use and advantage for the city spire in germany , than these collections may be for westminster-hall amongst us . we have said enough and to spare , concerning the model and frame of the work. for me now to beg the readers pardon , that i may speak a little concerning my self , seeing it was at my own choice , whether i would give him trouble or no , would be silly . if so be that any one shall shew himself more busie or pragmatical in these writings of mine , than becomes him ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not knowing ( as we say ) a pig from a dog i would not have him ignorant , that i value it no more than a rush , to be lashed with the flouts of prattle-boxes or tittle-tatlers , and such creatures as carry the goddess nemesis on pickpack . nor does any one that is in his wits , when an ass kicks and flings at him to little or no purpose , regard an idle oafish affront so as to requite it . i paint upon my weather-boards averrunca , i. e. god forefend , ( as they did of old arse verse upon houses , to preserve them from fire . ) may intercedona , pilumnus , and deverra , drive away silvanus , and keep him off from doing this tender infant any harm . well! let ass●s and silly animals commend , find fault , tune their pipes , how they will : let the envious and ill natured with their sneerings , prate and talk ; let snotty nosed fellows and clowns , that feed upon cockle bread , appro●● what i write , or let them flout and fleer , or let them play jack of both sides ; it 's all fiddle faddle to me , nor would i put a straw between . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . brow-benders , making nose and chin to meet , with dangling beards like sacks down to your feet . ye rigid cato's and severe criticks , do ye take in good part , what i have done ; nor let me be altogether slighted , if by chance ye shall vouchsafe to look this way , nor with your skew looks fore-speak my harvest in the blade . i shall readily and willingly yield the conquest to him that fairly gets it , and rightfully corrects me . but whoever thou art of that sort of men , per meos fines & aprica rura lenis incedas , abeasque parvis aequus alumnis . o're my bounds and sunny plain take a gentle walk or twain ; then depart with friendly mind , to me and my lambkins kind . you , that are candid and courteous , know , that 't is a very hard matter to brighten things that are grown out of use , to furnish things obscure with light , to set off things that are disdained , with credit , to make things doubtful pass for probable , to assign to every thing it s own nature , and every thing to its own nature ; and that it is a very brave and gallant thing , as he sayes , for those that have not attained their design , yet to have endeavoured it ; when the will ( as we say ) is accepted for the deed. but i know too , that every cone or point of vision in the opticks differs from a right angle ; and i know how odious a thing a train or solemn procession is in the publick games . therefore , dear reader , i bid thee heartily farewel ; and with a fortunate endeavour , fetch out hence , what may make for thy turn . why do i delay all this while to let thee in ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . go thy wayes in , o'gods name . laudamus veteres , sed nostris utimur annis : mos tamen est aeque dignus uterque coli . we praise old times , but make use of our own ; and yet 't is fit they both alike be known . go in and welcome heartily ; and be not unkind to thy entertainer , from the inner temple london , decemb. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in laudem dignissimi authoris , & politioris literaturae candidati , carmen . cum jovis effoeti pallas foret orta cerebro , vagitus teneros virgo patrima dedit . accurrit , tacitéque novam subducere prolem tentat , & abstrusis abdere juno locis . jupiter ingenuam solerti indagine natam quaeritat , & celeri permeat astra pede ; stat , cerebrique tuam cernens , seldene , minervam in natae amplexus irruit ille tuae . atque suam credit ; parilique ab imagine formae illa fuit suavis , suavis & illa fuit . lisque foret , nisi quae quondam lucina fuisset , musarum testis turba novena fuit . quam cognata jovis tua casta minerva minervae est , cum tantum fallax lusit imago deum ? aliud . dum tuus ambiguâ janus , facieque biformi respicit antiqua , & posteriora videt : archivos themidis canos , monumentaque legum vindicat à veteri semi-sopita situ . hinc duplex te jane manet veterane corona , gratia canitie , posteritate decus . gulielmus bakerus oxon. astraeae brit . ultima caelicolûm terras astraea reliquit . tu tamen alma redi & terras astraea revise : astraea alma redi tuis britannis : et diva alma fave tuis britannis : et diva alma fove tuos britannos : et diva alma regas tuos britannos : cantemus tibi sic tui britanni : foelices nimium ô tui britanni : tu tandem alma redis divum postrema britannis : ultima coelicolûm terras astraea revisit . alma redi . sacro redolent altaria fumo et tibi sacratis ignibus . alma redi . alma redi . posuit liber hic primordia juris anglos quo poteris tu regere . alma redi . alma redi . tibi templa struit seldenus : at aram qui tibi nil potuit sanctius . alma redi . e. heyward . in epigraphen libri carmen . quisnam iò mussat ? posuisti enyo arma ; jam doctos iber haùt batavos marte turbat ; foedere jam britannus continet orbem . clusium audax quis reserat latentem ? falleris . diae themidis recludo intima . haec portâ meliùs feratâ pandit eanus . i. s. the contents of the chapters . book i. chap. i. the counterfeit berosus with the monk that put him forth , both censured . the story of samothes the first celtick king. the bounds of celtica . from samothes , say they , the britans and gauls were called samothei . for which diogenes laertius is falsly quoted ; the word in him , being semnothei , page . chap. ii. an account of the semnothei . why so called ; the opinion of h. stephen , and of the author . old heroes and philosophers went by the names of demy-gods . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or venerable goddesses , the same as eumenides , dispensers of justice . and by plutarch and orpheus they are set for civil magistrates . judges in scripture so called elohim , i. e. gods. these semnai theai the same as deae matres in an old british inscription , p. chap. iii. one law of samothes out of basingstoke concerning the reckoning of time by nights . bodinus his censure of astrologers for otherwise computing their planetary hours . a brief account of some of samothes his successors , magus , sarron , druis , from whom the druids , &c. p. chap. iv. k. phranicus . years after samothes being to reside in pannonia , intrusts the druids with the government . in the mean time brutus , aeneas his grand-son , arrives and is owned king by the britans , and builds t●oynovant , i. e. london . dunvallo molmutius . years after is king , and makes laws concerning sanctuaries , roads or high-wayes and plow-lands . k. belin his son confirms those laws , and casts up four great cause-wayes through the island . a further account of molmutius . p. chap. v. a brief account of q. regent martia , and of merchenlage , whether so called from her , or from the mercians . annius again censured for a forger , and his berosus for a fabulous writer , p. chap. vi. the story of brutus canvast and taken to be a poetick fiction of the bards . jeoffry of monmouth's credit called in question . antiquaries at a loss in their judgements of these frivolous stories , p. chap. vii . what the trojan laws were , which brutus brought in . that concerning the eldest sons inheriting the whole estate , confuted . in the first times there were no positive laws ; yet mention made of them in some very ancient authors , notwithstanding a remark of some ancient writers to the contrary , p. chap. viii . an account of the druids out of caesar's commentaries , whence they were so called . their determining in point of law , and passing sentence in case of crime . their award binds all parties . their way of excommunicating or outlawing . they have a chief over them . how he is chosen . their priviledge and immunity , p. chap. ix . the menage of their schools without writing . on other occasions they might use the greek letters , as caesar saith , yet not have the language . the greek letters then were others than what they are now . these borrowed from the gauls , as those from the phoenicians . ceregy-drudion , or the druids stones in wales . this place of caesar's suspected . lipsius his judgement of the whole book , p. chap. x. the druids reckoning of time . an age consists of thirty years . what authors treat of the druids . their doctrines and customs savour of pythagoras and the cabbalists . they were the eldest philosophers and lawyers among the gentiles . some odd images of theirs in stone , in an abby near voitland , described , p. chap. xi . the britans and gauls had laws and customs much alike , and whence that came . some things common to them both , set down ; in relation to the breeding of their children , the marrying of their wives , the governing of their families , burning women that killed their husbands , and burning some servants with the dead master for company . together with some remarks of their publick government , p. chap. xii . women admitted to publick debates . a large commendation of the sex , together with a vindication of their fitness to govern ; against the salick law , made out by several examples of most nations , p. chap. xiii . their putting themselves under protection by going into great mens service . their coins of money , and their weighing of it . some sorts of flesh not lawful to be eaten by them , p. chap. xiv . community of wives among the britans , used formerly by other nations also . chalcondylas his mistake from our civil custom of saluting . a rėbuke of the foolish humour of jealousie , p. chap. xv. an account of the british state under the romans . claudius wins a battel , and returns to rome in triumph , and leaves a. plautius to order affairs . a colony is sent to maldon in essex , and to several other places . the nature of these colonies out of lipsius . julius agricola's government here in vespasian's time , p. chap. xvi . in commodus his time king lucy embraces the christian religion , and desires eleutherius then pope , to send him the roman laws . in stead of heathen priests , he makes three arch-bishops and twenty eight bishops . he endows the churches , and makes them sanctuaries . the manner of government in constantine's time , where ends the roman account . p. chap. xvii . the saxons are sent for in by vortigern against the scots and picts , who usurping the government , set up the heptarchy . the angles , jutes , frisons , all called saxons . an account of them and their laws , taken out of adam of bremen , p. chap. xviii . the saxons division of their people into four ranks . no person to marry out of his own rank . what proportion to be observed in marriages according to policy . like to like the old rule . now matrimony is made a matter of money , p. chap. xix . the saxons way of judging the event of war with an enemy . their manner of approving a proposal in council , by clattering their arms. the original of hundred-courts . their dubbing their youth into men. the priviledge of young lads nobly born . the morganheb or wedding-dowry , p. chap. xx. their severe punishments of adultery , by maiming some parts of the body . the reason of it given by bracton . the like practised by danes and normans , p. chap. xxi . the manner of inheriting among them . of deadly feuds . of wergild or head-money for murder . the nature of country-tenures and knights fees , p. chap. xxii . since the return of christianity into the island . king ethelbert's law against sacriledge . thieves formerly amerced in cattel . a blot upon theodred the good , bishop of london , for hanging thieves . the country called engelond by order of king egbert , and why so called . the laws of king ina , alfred , ethelred , &c. are still to be met with in saxon. those of edward the confessor , and king knute the dane , were put forth by mr. lambard in his archaeonomia , p. chap. xxiii . king alfred divides england into counties or shires , and into hundreds and tythings . the original of decenna or court-leet , friburg , and mainpast . forms of law , how people were to answer for those whom they had in borgh or mainpast , p. chap. xxiv . king alfred first appointed sheriffs . by duns scotus his advice , he gave order for the breeding up of youth in learning . by the way , what a hide of land is . king edgar's law for drinking . prelates investiture by the kings ring and staff. king knute's law against any english-man that should kill a dane . hence englescyre . the manner of subscribing and sealing till edward the confessor's time . king harold's law , that no welch-man should come on this side offa's dike with a weapon , p. chap. xxv . the royal consorts great priviledge of granting . felons estates forfeited to the king. estates granted by the king with three exceptions of expedition , bridge , and castle . the ceremony of the kings presenting a turf at the altar of that church , to which he gave land. such a grant of king ethelbald comprized in old verse , p. the contetns . book ii. chap. i. william the conquerour's title . he bestows lands upon his followers , and brings bishops and abbots under military service . an account of the old english laws , called merchenlage , danelage , and westsaxen-lage . he is prevailed upon by the barons , to govern according to king edward's laws , and at s. albans takes his oath so to do . yet some new laws were added to those old ones , p. chap. ii. the whole country inrolled in dooms-day book . why that book so called . robert of glocester's verses to prove it . the original of charters and seals from the normans , practised of old among the french. who among the romans had the priviledge of using rings to seal with , and who not , p. chap. iii. other wayes of granting and conveying estates , by a sword , &c. particularly by a horn. godwin's trick to get boseham of the arch-bishop of canterbury . pleadings in french. the french language and hand when came in fashion . coverfeu . laws against taking of deer , against murder , against rape , p. chap. iv. sheriffs and juries were before this time . the four terms . judges to act without appeal . justices of peace . the kings payments made at first in provisions . afterwards changed into mony , which the sheriff of each county was to pay in to the exchequer . the constable of dover and warder of the cinque ports why made . a disorder in church-affairs reformed , p. chap. v. william rufus succeeds . annats now paid to the king. why claimed by the pope . no one to go out of the land without leave . hunting of deer made felony . p. chap. vi. henry the first why called beauclerk . his letters of repeal . an order for the relief of lands . what a hereot was . of the marriage of the kings homagers daughter , &c. of an orphans marriage . of the widows dowry . of other homagers the like . coynage-money remitted . of the disposal of estates . the goods of those that dye intestate , now and long since , in the churches jurisdiction ; as also the business of wills. of forfeitures . of misdemeanors . of forests . of the fee de hauberk . king edward's law restored , p. chap. vii . his order for the restraint of his courtiers . what the punishment of theft . coyners to lose their hands and privy members . guelding a kind of death . what half-pence and farthings to pass . the right measure of the eln. the kings price set for provisions , p. chap. viii . the regality claim'd by the pope , but within a while resumed by the king. the coverfeu dispensed with . a subsidy for marrying the kings daughter . the courtesie of england . concerning shipwrack . a tax levied to raise and carry on a war , p. chap. ix . in king stephen's reign all was to pieces . abundance of castles built . of the priviledge of coining . appeals to the court of rome now set on foot . the roman laws brought in , but disowned . an instance in the wonder-working parliament , p. chap. x. in king henry the seconds time , the castles demolished . a parliament held at clarendon . of the advowson and presentation of churches . estates not to be given to monasteries without the kings leave . clergymen to answer in the kings court. a clergyman convict , out of the churches protection . none to go out of the realm , without the kings leave . this repealed by king john. excommunicate persons to find surety . laymen how to be impleaded in the ecclesiastical court. a lay-jury to swear there , in what case . no homager or officer of the kings to be excommunicated , till he or his justice be acquainted , p. chap. xi . other laws of church affairs . concerning appeals . a suit betwixt a clergy-man and a lay-man , where to be tryed . in what case one , who relates to the king , may be put under an interdict . the difference betwixt that and excommunication . bishops to be present at the tryals of criminals , until sentence of death , &c. pass . profits of vacant bishopricks , &c. belong to the king. the next bishop to be chosen in the kings chappel , and to do homage before consecration . deforcements to the bishop , to be righted by the king. and on the contrary , chattels forfeit to the king , not to be detained by the church . pleas of debts whatsoever in the kings court. yeomens sons not to go into orders without the lords leave , p. chap. xii . the statutes of clarendon mis-reported in matthew paris , amended in quadrilegus . these laws occasioned a quarrel between the king and thomas a becket . witness robert of glocester , whom he calls yumen . the same as rusticks , i. e. villains . why a bishop of dublin called scorch-uillein . villanage before the normans time , p. chap. xiii . the poet gives account which of those laws were granted by thomas a becket , which withstood . leudemen signifies lay-men , and more generally all illiterate persons , p. chap. xiv . the pope absolves thomas a becket from his oath , and damns the laws of clarendon . the king resents it , writes to his sheriffs , orders a seisure . penalties inflicted on kindred . he provides against an interdict from rome . he summons the bishops of london and norwich . an account of peter pence , p. chap. xv. a parliament at northampton . six circuits ordered . a list of the then justices . the jury to be of twelve knights . several sorts of knights . in what cases honorary knights to serve in juries . those who come to parliament by right of peerage , sit as barons . those who come by letters of summons , are styled chevaliers , p. chap. xvi . the person convict by ordeal , to quit the realm within forty dayes . why forty dayes allowed . an account of the ordeals by fire and water . lady emme clear'd by going over burning coulters . two sorts of tryal by water . learned conjectures at the rise and reason of these customs . these ordeals , as also that of single combat condemned by the church , p. chap. xvii . other laws : of entertaining of strangers . an uncuth , a gust , a hogenhine ; what of him who confesseth the murder , &c. of frank pledge . of an heir under age . of a widows dowry . of taking the kings fealty . of setting a time to do homage . of the justices duty . of their demolishing of castles . of felons to be put into the sheriffs hands . of those who have departed the realm , p. chap. xviii . some laws in favour of the clergy . of forfeitures on the account of forest or hunting . of knights fees . who to bear arms , and what arms. arms not to be alienated . no jew to bear arms. arms not to be carryed out of england . rich men under suspicion to clear themselves by oath . who allowed to swear against a free-man . timber for building of ships not to be carryed out of england . none but free-men to bear arms. free-men who . rusticks or villains not such , p. chap. xix . of law-makers . our kings not monarchs at first . several of them in the same county . the druids meeting-place where . under the saxons , laws made in a general assembly of the states . several instances . this assembly under the normans called parliament . the thing taken from a custome of the ancient germans . who had right to sit in parliament . the harmony of the three estates , p. chap. xx. the guardians of the laws , who . in the saxons time seven chief . one of the kings among the heptarchs styled monarch of all england . the office of lord high constable . of lord chancellor , ancient . the lord treasurer . alderman of england , what . why one called healfkoning . aldermen of provinces and graves , the same as counts or earls and viscounts or sheriffs . of the county court , and the court of inquests , called tourn le viscount . when this court kept , and the original of it , p. chap. xxi . of the norman earls . their fee. their power of making laws . of the barons , i.e. lords of manours . of the court-baron . it s rise . an instance of it out of hoveden . other offices much alike with the saxons . p. the first book of the english janus . from the beginning of the british story down to the norman conquest . chap. i. the counterfeit berosus with the monk that put him forth , both censured . the story of samothes the first celtick king. the bounds of celtica . from samothes , say they , the britans and gauls were called samothei . for which diogenes laertius is falsly quoted ; the word in him , being semnothei . there came forth , and in buskins too ( i mean , with pomp and state ) some parcels of years ago , and is still handed about every where , an author , called berosus a chaldee priest ( take heed how you suffer your self to believe him to be the same that flavius josephus so often up and down quotes for a witness ) with a commentary of viterbiensis . or , rather to say that which is the very truth , john annius of viterbium ( a city of tuscany . ) a dominican frier , playing the leger-de-main , having counterfeited berosas , to put off his own strange stories , hath put a cheat upon the lady muse who is the governess of antiquities , and has hung a bantling at her back . after the genealogies of the hebrews drawn down by that author , whoever he be , according to his own humour and method , for fear he should not be thought to take in the kingdoms and kings of the whole universe , and the etymologies of proper names by whole-sale , as we say ; as if he had been born the next day after grandam ops was delivered of jupiter , he subjoyns samothes ( the very same who is ycleped dis ) the founder of the celtick colonies , stuffing up odd patcheries of story to entertain and abuse the reader . now , this i thought fit by the by , not to conceal , that all that space which is bounded with the river rhine , the alpes , the mediterranean sea , the pyrenean hills , and lastly , the gascoin and the british oceans , was formerly termed celtogalatia ; nay , that p●olomy hath comprized all europe under the name of celtica . well , as the commentary of annius has it , this samothes was brother to gomar and tubal by their father japhet , from whom first the britans , then the gauls were called samothei ; and especially the philosophers and divines that were his followers . and out of laertius he tells us , for it is evident , that among the persians the magi flourished , among the babylonians and assyrians the chaldeans were famous , among the celts and gauls the druids , and those who were called samothei ; who , as aristotle in his magick , and sotion in his three and twentieth book of successions do witness , were men very well skilled in laws divine and humane , and upon that account were much addicted to religion ; and were for that reason termed samothei . these very words you meet with in annius . the name of laertius is pretended , and the beginning of his volume concerning the lives of philosophers . why then let us read laertius himself ; and amongst the celts and gauls ( saith he ) the semnothei as saith aristotle in his book of magick , and sotion in his three and twentieth of succession . concerning the samothei any other wayes there is not so much as one syllable . that they were men well skilled in laws divine and humane , or that they had their name given them upon that account , only the latin and foisted edition of b. brognol the venetian has told us : whereas in truth , in all the ancient greek copies of laertius , which that great scholar harry stephen saw and consulted with ( and he sayes he perused eight or nine ) there is no mention at all made of that business . and yet for all that , i cannot perswade my self , that it was only for want of care , or by meer chance , that this slipt into the glosses : it does appear , that there have been able lawyers and master philosophers not only among the greeks , the gauls , and those of italy ; but also among the northern nations , however barbarous . witness the druids among us , and among the goths , as jornandes tells us , besides cosmicus , one diceneus , who , being at once king of men , and priest of phoebus , did together with natural philosophy and other parts of good learning , transmit to posterity a body of laws , which they called bellagines ; that is , by-laws . there are some , who in laertius read samothei ; which is a device of those men , who with too much easiness ( they are isaac casaubon's words ) that i may say no worse , suffer themselves to be led by the nose by that counterfeit berosus . chap. ii. an account of the semnothei . why so called ; the opinion of h. stephen , and of the author . old heroes and philosophers went by the names of demy-gods . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or venerable goddesses , the same as eumenides , dispensers of justice . and by plutarch and orpheus they are set for civil magistrates . judges in scripture so called elohim , i. e. gods. these semnai theai the same as deae matres in an old british inscription . and indeed if the samothei had any thing to do with truth , or the semnothei any thing to do with the ancient law of the celts ( in as much as they write , that britany was once in subjection to the celtick kings ) i should judge it not much beside the design of my intended method to inquire into the name and nature of them both . but they being both one and t'other past all hope , except such a one as lucian returning from the inhabitants of the sun , or those of the moon , would write their history , to speak of them would be more than to lose ones labour . i dare not to say much of them . i imagine , sayes harry stephen , they were so called , for having the gods often in their mouths , and that in these words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the worshipful gods ; or for that they themselves were accounted amongst men as a kind of worshipful gods : but , writes he , this latter i do not take to be so likely as the former . but say i for my part , if i might venture my opinion against the judgement of so great a person , i guess this latter to be the likelier of the two . that the old heroes went by the names of gods , is a thing we read every where ; nor did antiquity grudge the bestowal of this honour even upon philosophers . not upon amphiaraus the prophet ; not upon aesculapius , not upon hippocrates , renowned physicians ; they are reckoned among the middle sort of gods. thus plato also was accounted by antistius labeo for a demy-god , and tyrtamus for his divine eloquence , had the name of theophrastus ( that is , god-like speaker ) given him by his master aristotle . no wonder then , if thereupon thence forward great philosophers were called semnothei , and as it were worshipful gods. these instances incline me , whilst i only take a view of their philosophy ; whom , if either the authority of annius , or the interpretation of brognol had sufficiently and fairly made out to have been also at the same time students and masters of law , i should hardly stick almost to affirm , that i had found out in what places the true natural spring and source both of their name , and as i may say , of their delegated power is to be met with . for i have it in pausanias ( forbear your flouts , because i waft over into greece , from whence the most ancient customs both sacred and prophane of the gentiles came ) i say in pausanias the most diligent searcher of the greek antiquities , i meet upon mars his hill at athens , and also in his achaicks ( or survey of achaia ) with chappels of the goddesses whom the athenians styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , worshipful . he himself also in his corinthiacks makes mention of a grove set thick with a sort of oaks on the left side of asopas a river in sicyon ( a countrey of peloponnesus ) where there stood a little chappel of the goddesses , whom the athenians termed semnai , the sicyonians called eumenides . the story of orestes and the eumenides or furies that haunted him is known to every body , nor can you tell me of any little smatterer in poetry , who doth not know , that they , together with adrastia , ramnissia , nemesis , and other goddesses of the same stamp , are pretended to be the avengers of villanies , and continually to assist jupiter the great god in punishing the wicked actions of mortals . they were black ones that met with orestes , but that there were white ones too , to whom together with the graces the ancients paid their devotions ; the same pausanias has left written in his survey of arcadia . i let pass that in the same author , she whom some called erinnys , that is a fury ; others called themis the goddess of justice . to be brief and plain ; the furies , that is , the avenging goddesses sit upon the skirts of the wicked ; but the eumenides , that is , the kind goddesses , as sophocles interprets them ( for that they were so called properly without the figure of antiphrasis or contradiction he is our author ) do attend the good and such as are blameless and faultless , and poor suppliants . nay , moreover plutarch writes in a poetick strain , that alcmaeon fled from these eumenides ; meaning in very deed , that he made his escape from the civil magistrates . in a word , the whole business we have been aiming at , orpheus compriseth in two verses of that hymn he has made upon those goddesses . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which in a short paraphrase speaks thus ; but ye with eye of justice , and a face of majesty survey all humane race , judges commission'd to all time and place . see here plainly out of the most ancient divine among the heathens , how judges and the dispensers of law pass under the notion of these venerable goddesses : and it was a thing of custom to term the right of the infernal powers , as well as the doctrine of the heavenly ones , a thing holy and sacred . what hinders then i pray , but that one may guess , that the name , and title , and attributes or characters of the semnothei sprang forth and flowed from hence ; to wit , from the semnai theai or venerable goddesses ? homer in his poems calls kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , persons bred and nourished by jove ; yea , the eternal and sacred scriptures themselvs do more than once call judges by that most holy name elohim , that is , gods. the judgement is gods , not mans ; and ( as munster remarks out of rabbi kimchi ) whatsoever thing scripture designs to magnifie or express with hight , it subjoyns to it the name of god. god ( as plutarch has it out of plato , who in his attick styl● imitates our moses ) hath set himself out as a pattern of the good , the dreadful syllables of whose very not-to-be-uttered name ( though we take no notice of the cabalists art ) do strike , move and twitch the ears of mortals , and one while when thorough ignorance they straggle out of the way , do bring them back into the path or track of justice ; another while when they are stopt up with prejudice , and are overcast with gloomy darkness , do with a stupendous , dismal and continual trembling shake the poor wretches , and put them into ague-sits . nor let that be any hindrance , that so splendid and so manly a name is taken from the weaker sex , to wit , the goddesses . let us more especially have to do with the britans , as those amongst whom are those choice and singular altars , not any where else to be met with in the whole world , with this inscription , deis matribus , to the mother-goddesses . concerning these mother-goddesses , that excellent learned man ( that i may hint it by the by ) confesses he could with all his search find out nothing ; but if such a mean person as i , may have leave , what if one should imagine , that those goddesses , whom pausanias in his attick stories calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , were the same as these mother goddesses ? for so those names import . the mother of the gods is a title well known ; wherewith not only berecynthia , but also juno , cybele , tellus , ceres , and other shee s among mythologists are celebrated and made famous . be this , if you will , a thing by the by and out of the way ; as he tells us , no great wit ever pleased without a pardon . relying upon that ( the readers pardon i mean ) i undertook this job , whatever it is ; and upon confidence of that , i come back to the business . chap. iii. one law of samothes out of basingstoke concerning the reckoning of time by nights . bodinus his censure of astrologers for otherwise computing their planetary hours . a brief account of some of samothes his successors , magus , sarron , druis , from whom the druids , &c. we do not any where meet with any law enacted by samothes his authority . yet one only one concerning the account of times , basingstoke the count palatine , a very modern historian , attributes to him . he defined , sayes he , the spaces or intervals of all time , not by the number of dayes , but of nights ( the same thing , saith caesar of the gauls , and tacitus of the germans ) and be observed birth-dayes , and the commencements of months and years in that order , that the day should come after the night . truth is , the britans do at this time observe that fashion , which is most ancient , and highly agreeable to nature . and the evening and the morning was the first day , and so on , sayes the hebrew writer , whose countrey-men the jews also followed this custom . the peripateticks ( i. e. the followers of aristotle ) do also at this rate reckon privation in the number of their three principles ; and hereupon john bodin adventures to censure the common astrologers , that they , according to the course of the planets as they order it , and repeat it over and over , begin their unequal hours , from the rising , rather than the setting of the sun. they write , that after this samothes , there came in play magus , sarran , druis , bardus , and others more than a good many , in order of succession . sarron was not addicted to make laws ( 't is stephanus forcatulus helps us to this ) but to compose them , to put them into order , and to recommend them to practice , as one who reduced those laws , which his grand-father samothes , and afterward his father magus had made , into one volume , and with severe menaces gave order for the keeping of them . from druis or druides they will have the druids so called , a sort of philosophers so much famed and talked of in caesar , pliny and others : believe it who list for me . the whole business of the druids at present i put off till caesar's times . chap. iv. k. phranicus . years after samothes being to reside in pannonia , intrusts the druids with the government . in the mean time brutus , aeneas his grand-son , arrives and is owned king by the britans , and builds troynovant , i. e. london . dunvallo molmutius . years after is king , and makes laws concerning sanctuaries , roads or high-wayes and plow-lands . k. belin his son confirms those laws , and casts up four great cause-wayes through the island . a further account of molmutius . about nine hundred years after samothes , king phranicus ( take it from the british story , and upon the credit of our jeoffry ) intrusts the druids with the management of affairs , whilst he himself resided in pannonia or hungary . in the mean time brutus , the son of sylvius posthumus king of the latines , and grand-child to aeneas ( for servius honoratus in his comment upon virgil , makes sylvius to be the son of aeneas , not of ascanius ) being happily arrived by shipping , with corinus one of the chief of his company , and coming to land at totnes in devonshire , the britans salute and own him king. he after he had built new troy ( that is , london ) gave laws to his citizens and subjects ; those such as the trojans had , or a copy of theirs . a matter of six hundred years after dunvallo molmutius being king , ordained ( my authors besides jeoffry of monmouth , are ralph of chester in his polychronicon , and florilegus ) that their ploughs , temples and roads that led to cities , should have the priviledge to be places of refuge . but because some time after there arose a difference concerning the roads or high-wayes , they being not distinguished by certain limits and bounds , king belin son of the foresaid molmutius , to remove all doubt , caused to be made throughout the island four royal high-wayes to which that priviledge might belong ; to wit , the fosse or dike , watlingstrete , ermingstrete , and ikeniltstrete . ( but our learned countrey-man and the great light of britan , william camden , clarenceaux king at arms is of opinion , these cause-wayes were cast up by the romans ; a thing that tacitus , bede and others do more than intimate . ) moreover , so sayes jeoffry , he ordained those laws , which were called molmutius his laws , which to this very time are so famed amongst the english. forasmuch as amongst other things , which a long time after , gildas set down in writing , he ordained , that the temples of the gods , and that cities should have that respect and veneration , that whatsoever runagate servant , or guilty person should fly to them for refuge , he should have pardon in the presence of his enemy or prosecutor . he ordained also , that the wayes or roads which led to the aforesaid temples and cities , as also the ploughs of husbandmen should be confirmed by the same law : afterwards having reigned forty years in peace , he dyed and was buried in the city of london , then called troynovant , near the temple of concord ( by which temple , there are not wanting those who understand that illustrious colledge on the bank of thames , consecrated to the study of our common law , now called the temple and ) which he himself had built for the confirmation of his laws . at this rate jeoffry tells the story ; but behold also those things which polydore virgil hath gathered out of ancient writers , whereof he wanted no store . he first used a golden crown , appointed weights and measures for selling and buying of things , punisht thieves and all mischievous sorts of men with the greatest severity ; made a great many high wayes ; and gave order , how broad they should be , and ordained by law , that the right of those wayes belonged only to the prince ; and set dreadful penalties upon their heads , who should violate that right , alike as upon theirs who should commit any misdemeanour in those wayes . moreover , that the land might not lye barren , nor the people be frequently oppressed or lessened through dearth or want of corn , if cattle alone should possess the fields , which ought to be tilled by men , he appointed how many ploughs every county should have , and set a penalty upon them by whose means that number should be diminished : and he made a law , that labouring beasts which attended the plough , should not be distrained by officers , nor assigned over to creditors for money that was owing , if the debtor had any other goods left . thus much polydore . chap. v. a brief account of q. regent martia , and of merchenlage , whether so called from her , or from the mercians . annius again censured for a forger , and his berosus for a fabulous writer . the female government of martia , widow to king quintiline , who had undertaken the tuition of sisillius son to them both , he being not as yet fit for the government , by reason of his nonage ; found out a law , which the britons called the martian law. this also among the rest ( i tell you but what jeoffry of monmouth tells me ) king alfred translated , which in the saxon tongue he called merchenlage . whereas nevertheless in that most elaborate work of camden , wherein he gives account of our countrey , merchenlage is more appositely and fitly derived from the mercians , and they so called from the saxon word mearc , that is , a limit , bound or border . these are the stories , which writers have delivered to us concerning those times , which were more ancient than the history of the romans ; but such as are of suspected , o● doubtful , that i may not say of no credit at all . among the more learned , there is hardly any critick , who does not set down annius in the list of forgers . and should one go to draw up the account of times , and to observe that difference which is so apparent in that berosus of viterbium from sacred scriptures , and the monuments of the hebrews , one would perhaps think , that he were no more to be believed , than another of the same name , who from a perpendicular position of the wandring stars to the center of the world in the sign of cancer , adventured to foretel , that all things should be burnt ; and from a like congress of them in capricorn , to say , there would be an universal deluge . the story is in seneca . chap. vi. the story of brutus canvast and taken to be a poetick fiction of the bards . jeoffry of monmouth's credit called in question . antiquaries at a loss in their judgements of these frivolous stories . some have in like manner made enquiry concerning our british history , and stumbled at it . from hence we had brutus , dunvallo and queen martia : there are some both very learned and very judicious persons , who suspect , that that story is patched up out of bards songs and poetick fictions taken upon trust , like talmudical traditions , on purpose to raise the british name out of the trojan ashes . for though antiquity , as one has it , is credited for a great witness ; yet however 't is a wonder , that this brutus , who is reported to have killed his father with an arrow unluckily aimed , and to have been fatal to his mother at her very delivery of him ( for which reason richard vitus now after so many ages makes his true name to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , mortal ) should be mentioned by none of the romans : a wonder , i say , that the latin writers should not be acquainted with the name of a latin prince , who gave both name and government to britany . did euemerus messenius alone ever since the world began , sail to the panchoans and the triphyllians ? indeed it is an ordinary thing for poets , to ingraft those whom they celebrate in their poems , into noble stocks and illustrious families , and by the assistance of their muses heightning every thing above the truth , to feign and devise a great many stories . and what else were the bards , as athenaeus tells us out of possidonius ; but poets reciting mens praises in song ? how many things are there in that fabulous age ( which in joseph scaliger's account would more aptly be called the heroick age of the world , i mean ) down from that much talked of deluge of pyrrha to the beginning of iphitus his olympiads ; how many idle stories are there mixt with true ones , and afterwards drest up and brought upon the stage ? very many nations , sayes trithemius , as well in europe as in asia , pretend they took their original from the trojans ; to whom i have thought good to lend so much faith , as they shall be able to perswade me of truth by sufficient testimony . they are frivolous things which they bring concerning their own nobility and antiquity , having a mind as it were openly to boast , as if there had been no people in europe before the destruction of troy ; and as if there had been no one among the trojans themselves of ignoble birth . he who made the alphabetical index to jeoffry of monmouth ( who was bishop of st. asaph too ) as he is printed and put forth by ascensius , propt up the authors credit upon this account , that , as he sayes , he makes no mention any where in his book , of the franks ; by reason forsooth , that all those things almost , which he has written of , were done and past before the franks arrival in france . this was a slip surely more than of memory . go to jeoffry himself , and in his nineteenth chapter of his first book you meet with the franks in the time of brennus and belinus among the senones , a people of france : a gross misreckoning of i know not how many hundred years . for the franks are not known to have taken up their quarters on this side the river rhine , till some centuries of years after christs incarnation . for howbeit by poetick licence and rhetorical figure aeneas be said to have come to the lavinian shores , ( which had not that name till some time after ) yet it were much better , that , both in verse and prose , those things which appertain to history , should be expressed according to that form of ovid ; where at the burning of rhemus his funeral pile he sayes , tunc juvenes nondum facti flevere quirites , that is , the young men then not yet quirites made , wept as the body on the pile they laid . and at this rate jeoffry might and ought to have made his translation , if he would have been a faithful interpreter . but as to our brutus whence the britans , saxo whence the saxons , bruno whence those of brunswick , freso whence those of friseland , and bato whence the batavians had their rise and name , take notice what pontus heuterus observes , as others have done before him . songs or ballads , sayes he , and rhymes made in an unlearned age , with ease obtruded falshoods for truths upon simple people , or mingling falsehoods with truths imposed upon them . for three or four hundred years ago there was nothing that our ancestors heard with greater glee , than that they were descended from the adulterous trojans , from alexander of macedonia the overthrower of kingdoms , from that manqueller hercules of greece , or from some other disturber of the world. and indeed that is too true which he sayes , — mensur aque fictis crescit , & auditis aliquid novus adjicit auctor . which in plain english speaks this sence . thus stories nothing in the telling lose , the next relater adding still to th' news . but i will not inlarge . to clear these points aright , antiquaries , who are at see-saw about them , will perhaps eternally be at loss , like the hebrews in their mysterious debates , for want of some elias to come and resolve their doubts . chap. vii . what the trojan laws were , which brutus brought in . that concerning the eldest sons inheriting the whole estate , confuted . in the first times there were no positive laws ; yet mention made of them in some very ancient authors , notwithstanding a remark of some ancient writers to the contrary . well ! suppose we grant there was such a person ever in the world as brutus : he made laws , they say , and those taken out of the trojan laws ; but what i pray were those trojan laws themselves ? there is one , i know well enough , they speak of , concerning the prerogative of the eldest sons , by which they inherited the whole right and estate of their deceased father . herodotus writes it of hector , son and heir to king priam , and jeoffry mentions it ; but did this law cross the sea with brutus into brittany ? how then came it , that the kingdom was divided betwixt the three brothers , locrinus , camber , and albanactus ? betwixt the two , ferrix and porrix ? betwixt brennus and belinus ? and the like of some others . how came it , that in a parliament of henry the eighth , provision was made , that the free-holds of wales should not thence-forward pass according to that custom , which they call gavelkind ? and anciently , if i be not mistaken , most inheritances were parted among the children , as we find in hesiods works . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . — i. e. we had already parted the estate . and to the same purpose many like passages there are in old poets , and in holy writ . but , as i said , what are those trojan laws ? perhaps the same with those , by which nephelococcygia , the city of the birds in aristophanes , ( or , as we use to say , vtopia ) is governed . the gravest writers do acknowledge , that those most ancient times were for the most part free from positive laws . the people , so says justin , were held by no laws : the pleasures and resolves of their princes past for laws , or were instead of laws . natural equity , like the lesbian rule in aristotle , being adapted , applied , and fitted to the variety of emergent quarrels , a●● strifes , ordered , over-ruled , and decided all controversies . and indeed at the beginning of the roman state , as pomponius writes , the people resolved to live without any certain law or right , and all things were governed by the hand and power of the king : for they were but at a little distance from the golden age , when — vindice nullo sponte suâ sine lege fidem rectumque colebant . that is to say , when — people did not grudge to be plain honest without law or judge . that which the heresie of the chiliasts heretofore affirmed , concerning the sabbatick or seventh millenary , or thousand years of the world. and those shepherds or governors of the people , to whom — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — that is , — into whose hand jove trusts his laws and scepter for command . did govern them by the guidance of vertue , and of those laws which the platonicks call the laws of second venus . not out of the ambition of rule , as st. austin hath it , but out of duty of counsel ; nor out of a domineering pride , but out of a provident tenderness . do you think the trojans had any other laws ? only except the worship of their gods and those things which belong to religion . it was duty , says seneca , not dignity , to reign and govern : and an eye and a scepter among the aegyptians , were the absolute hieroglyphicks of kings . what ? that there is not so much as the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is law , to be met with in those old poets , orpheus , musaeus , or homer , ( who was about an hundred and fifty years after the destruction of troy ) as josephus against appio , plutarch , and several modern writers have remarked : i confess , if one well consider it , this remark of theirs is not very accurate . for we very often read in homer and hesiod , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies laws ; and in both of them the goddess eunomia from the same theme as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . — which being interpreted , is but they by legal methods bear the sway i' th' city fam'd for beauties . — which is a passage in homers hymn to mother tellus , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. the law of song , ( which musicians might not transgress ) is mentioned in his hymn to apollo . nay great plato , one beyond all exception , has left it in writing , that talus ( who had the management of the cretan common-wealth committed to him , together with rhadamanthus , the son of jupiter , by king minos ) that he did thrice every year go the circuit through the whole island ( which was the first country , as polyhistor tells us , that joyned the practice of laws with the study of letters ) and kept assizes , giving judgment according to laws engraven in brass . i say nothing of phoroneus king of the argives , or of nomio the arcadian ; and in good time leave this subject . i could wish i might peruse jupiters register , wherein he has recorded humane affairs . i could wish , that the censure of some breathing library and living study ( which might have power over the ancients , as we read in eunapius that longinus had ) or that the memory of some aethalides might help us sufficiently to clear and make out the truth . hence our next passage is to the classick writers of the latin style and story . chap. viii . an account of the druids out of caesar's commentaries , whence they were so called . their determining in point of law , and passing sentence in case of crime . their award binds all parties . their way of excommunicating or outlawing . they have a chief over them . how he is chosen . their priviledge and immunity . cajus julius caesar was the first of the romans , who has committed to writing the religious rites , the laws and the philosophy of the drvids . their name is of a doubtful origination , by no means were they so called from that druis or druides we meet with in berosus : but whether they were so termed from a greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that signifies an oak , in that they performed none of their devotions without oaken leaves , as pliny and those that follow him are of opinion ; or from the dutch true-wise , as goropius becanus will have it ; or from trutin , a word which with the ancient germans signified god , as paulus merula quotes it out of the gospel of othfred ( though in the angels salutation , in the magnificat , in zachariahs song and elsewhere , trutin rather denotes lord than god ; and see whether there does not lye somewhat of the druid in the name of st. truien , among the people of liege , some having exploded st. drudo ) whencesoever they had their name , these gown men among the gauls , i and the britans too , were the interpreters and guardians of the laws . the discipline of these druids was first found in britany , and so far as it regards the civil court , we shall faithfully subjoyn it out of the forenamed caesar. . they order matters concerning all controversie , publick and private . so in the laws of the twelve tables at the same rate the knowledg of cases , of precedents , of interpreting was in the colledge of pontiffs or high priests , and such plainly our druids were . if any ill prank had been played , if murder committed , if there were a controversie about inheritance , about bounds of land , these were the men that determined it , these amerced rewards and punishments . . if any private person or body of men do not stand to their award , they excommunicate him , that is , forbid him to come to sacrifice , which among them is the most grievous punishment . . those who are thus excommunicated , are accounted wicked and ungodly wretches , every body goes out of their way , and shuns their company and conversation for fear of getting any harm by contagion . neither have they the benefit of the law when they desire it , nor is any respect shown to them . . the druids have one over them , who has the chiefest authority amongst them . . when he dies , if there be any one that is eminent above the rest , he succeeds in place : but if there be several of equal merit , one is chosen by majority of votes . . the druids were wont to be excused from personal attendance in war , nor did they pay taxes with the rest ; they were freed from military employ , and had an immunity of all things . the levites among the hebrews , who were the most ancient priests in the world , injoyed the same priviledge . chap. ix . the menage of their schools without writing . on other occasions they might use the greek letters , as caesar saith , yet not have the language . the greek letters then were others than what they are now . these borrowed from the gauls , as those from the phoenicians . ceregy-drudion , or the druids stones in wales . this place of caesar's suspected . lipsius his judgment of the whole book . . upon the account of that priviledge , they had in their schools ( which were most of them in britany ) a great confluence of youth . they are said to learn without book , says caesar , a great number of verses : therefore some of them spend twenty years in the discipline . nor do they judge it meet to commit such things to writing , whereas generally in all other , whether publick affairs or private accompts , they make use of greek letters . what ? greek letters ? so we read greek ones . why ! marseilles , a city of france , which was a greek colony of the phocians , had made the gauls such lovers of greeks , that , as strabo the geographer tells us , they writ their very contracts and covenants , bargains and agreements , in greek . the fore-mentioned julius caesar also writes , that there were tablets found in the camp of the switzers , made up of greek letters . but , for all that , i would not have any one from hence rashly to gather , that the greek language was in use to that age and people , or to these philosophers and lawyers . they made use of greek letters , therefore they had the greek tongue too ; this truly were a pitiful consequence . at this rate the targum or chaldee paraphrase , as paulus merula has it , and goropius before him , would consist of the hebrew language , because 't is printed in hebrew characters : and the like may be said of the new testament in syriack , done in hebrew letters . what ? that those very letters of the greeks in caesars time , and as we now write them , are rather gallick ( as borrowed from the gauls ) than greek ? he was acquainted with those greek letters , but did not yet know the gallick ones , which learned men do think the greeks took for their copy , after the phoenician letters , which were not altogether unlike the hebrew , were grown out of use . consult for this wolfgangus lazius his celtae , becanus his gallica , and if thou hast a mind , annius his archilochus , xenophons aequivoca , and what others write concerning linus , cadmus , palamedes , and simonides , the first inventors of the alphabet . in the mean time take this from me , that those ancient and rude gothick characters , which bonaventure vulcanius of bruges , lately put forth , with a little comentary of one without a name , do very much resemble the greek ones ( as also the russian characters do at this day ) and that those which are now latin letters , were at first brought over into italy out of arcadia , along with nicostrata the mother of evander , who was banished his country . but that which seems to put the matter out of all dispute , caesar being about to write to quintus cicero , who was then besieged somewhere in flanders , among the nervians , by great rewards perswades a chevalier , that was a gaul , to carry the letter for him : he sends it written in greek , lest peradventure it being intercepted , the enemy should come to know their design . to what purpose should he have done this , if that chevalier , who was a gaul , or if the gauls , or if the very druids themselves , who had the management of state , had been skilled in greek ? among the western hills of denbeigh , a county in north-wales , there is a place , as i read in our famous chorographer , commonly called ceregy-drudion , that is , the druids stones , and some small pillars are seen at yvoellas , inscribed with foreign characters , which some suspect to have been those of the druids . who if they have reason so to suspect , i would to god , time , with his rusty teeth , had spared those pillars , that so some light might shine from thence to clear this quarrel if so be our interpretation of that form of caesars speaking , which we brought , do not please ( as to strabo's testimony , that respects somewhat later times , and perhaps mainly concerns those who lived near the sea-side ) why mayst not thou , with that great scholar francis hotoman be of opinion , that the word graecis crept into this story , either by the carelesness or confidence of transcribers ? for elsewhere in that very author , where it is said , dextris humeris exertis , justus lipsius , the prince of criticks , remarks , that the word humeris is plainly redundant , thrust in perchance by the vamper of that story , julius celsus . and what so great a man , of so great a judgment as he was , did censure of those commentaries of caesar , in his book called electa , or choice pieces , take from himself thus . i see many patches stitched into that purple ; nor doth the expression it self there every where breath to my nostrils that golden ( as i may so say ) gum , or liquid myrrh , of pure antiquity . read it , read it over again , you will find many things idly said , disjoynted , intricate , vampt , said over and over , that it is not unreasonable to think , but that some novel and unskilful hand was added to this , as it were , statue of ancient work . therefore we may be easily cheated , if we stand upon such little scruples of words , as we shall meet with in one julius or other , caesar or celsus . chap. x. the druids reckoning of time . an age consists of thirty years . what authors treat of the druids . their doctrines and customs savour of pythagoras and the cabalists . they were the eldest philosophers and lawyers among the gentiles . some odd images of theirs in stone , in an abby near voitland , described . . the druids begun their months and years from the sixth moon ( so says pliny ) and that which they called an age after the thirtieth year . in the attick account an age or generation , and that of a man in his prime and strength , was comprized within the same terms , according to the opinion of heraclitus , and as it is in herodotus ; nor had nestor's triple age a larger compass , if one may believe eustathius . tiberius drove these druids out of the two gallia's , claudius banisht them out of rome , and the worship of the true god christ , sped them out of britany . what further appertains to the sacred rites and doctrine of the druids , ( not to speak further of caesar ) strabo , pliny , diodorus siculus , ( by the way his latin version we do not owe to poggius of florence , as the books published would make us believe , but to john frea formerly fellow of baliol colledge in oxford , if we may believe an original copy in the library of the said colledge . ) beside these , lucan , pomponius mela , ammianus marcellinus , and very lately otho heurnius , in his antiquities of barbarous philosophy , and others have , with sufficient plainness , delivered , yet so , that every thing they say savours of pythagoras ( and yet i am ne're a whit the more perswaded that pythagoras ever taught in merton-hall at oxford , or anaxagoras at cambridge , as cantilep and lidgate have it ) i and of the cabalists too ( for john reuchlin hath compared the discipline of pythagoras , and that of the cabalists , as not much unlike . ) whether the druids , says lipsius , had their metempsychosis or transmigration of souls , from pythagoras , or he from them , i cannot tell . the very same thing is alike to be said , concerning their laws , and the common-wealths which they both of them managed : they have both the same features as like as may be , as it was with cneius pompey , and caius vibius . for the samian philosopher did not only teach those secrets of philosophy which are reserved , and kept up close in the inner shrine ; but also returning from egypt he went to croton , a city of italy , and there gave laws to the italians , ( my author is laertius ) and with near upon three hundred scholars , governed at the rate , as it were of an aristocracy . the laws of zaleucus and charondas are commended and had in request . these men , says seneca , did not in a hall of justice , nor in an inns of court , but in that secret and holy retirement of pythagoras , learn those institutes of law , which they might propose to sicily and to greece , all over italy , both at that time flourishing . that holy and silent recess was perchance borrowed of the druids : forasmuch as what clement of alexandria witnesses , heretofore the more secret and mysterious arts were derived from the barbarians to the greeks . however the business be , it appears hence plainly , that the druids were of the oldest standing among the philosophers of the gentiles , and the most ancient among their guardians of laws . for grant they were of pythagoras his school , yet even at that rate they are brought back at least to the fiftieth or sixtieth olympiad , or if thou wilt , to the tyranny of the tarquins , which is about two and twenty hundred years ago . 't is true , pliny , cicero , austin , eusebius disagree in this point ; nor will i catch that mistake by the handle , which draws him , meaning pythagoras , back to numa's time . to what hath been said , i shall not grudge to subjoyn a surplage out of conradus celtes . he is speaking of some ancient images of stone , which he had seen in a certain abby at the foot of a hill that bears pines , commonly called vichtelberg , in the neighbourhood of voitland , which he conceives did by way of statue represent the druids . they were six in number , says he , at the door of the temple niched into the wall , of seven foot a piece in height , bare-footed , having their heads uncovered , with a greekish cloak on , and that hooded , and a satchel or scrip by their side , their beard hanging down to their very privities , and forked or parted in two about their nostrils ; in their hands a book and a staff like that of diogenes , with a severe forehead and a melancholy brow , stooping down with their head , and fastening their eyes on the ground . which description , how it agrees with those things which are recounted by caesar and strabo , concerning the golden adornments , the dyed and coloured vestures , the bracelets , the shaved cheeks and chin of the britans , and other things of the like kind , let them who are concerned look to that . chap. xi . the britans and gauls had laws and customs much alike , and whence that came . some things common to them both , set down ; in relation to the breeding of their children , the marrying of their wives , the governing of their families , burning women that killed their husbands , and burning some servants with the dead master for company . together with some remarks of their publick government . but forasmuch as britanny gave the beginnings and improvements to the discipline of these druids , and both britans and gauls had their government , customs , language , rites sacred and profane , every thing almost the same , or much alike , as mr. william camden hath some while since most learnedly made out , o mr. camden , with what respect shall i name thee ! in freta dum fluvii current , dum montibus umbrae lustrabunt convexa , ac dum cynosura britannos , semper honos , noménque tuum , laudesque manebunt . which in hearty english makes this acknowledgment of his worth , as long as rivers run into the main , whilst shades on mountains shall the welkin hide , and britans shall behold the northern wain , thy honour , name , and praise shall still abide . and it is evident , that a great part of britany was once under the government of divitiacus king of the soissons , a people of france . therefore these following remarks i thought not amiss to set down as british , whether they were imparted to this isle by the ancient gauls ( by reason of its nearness ) or whether the gauls owed them to the britans . . they do not suffer their children to come to them in open sight , ( they are caesar's words ) but when they are grown up to that age , that they may be able to undergo military duty and to serve in war. . the men , what mony they receive with their wives upon account of portion , they lay down so much out of their own estate upon an appraisement made to make a joint stock with the portion . there is an account jointly kept of all this mony , and the profits of it are reserved ; the longer liver is to have both shares , with the profits of the former times . . the men have power of life and death over their wives , as well as over their children . hereupon bodin charges justinian with a falshood , for affirming that other people had not the same fatherly power as the romans had . . when a master of a family , who is of higher birth and quality , dies , his kindred meet together , that if the manner of his death were suspicious , they may by torture , as servants were used , examine the wife concerning the business , and if she be found guilty , they torment her miserably and burn her alive . to this story that most excellent lawyer , and worthy lord chief justice of the common pleas , sir edward coke , refers the antiquity of that law , which we at this day use of devoting to the flames those wicked baggages , who stain their hands with the nefarious murder of their husbands . . those servants and dependents , who were known to have been beloved by their master in his life time , were , when the funeral rites were prepared , burnt with him for company . . it was ordered , that if any one by flying report or common fame had heard any thing from the borders , that might concern the common-wealth , he was to make it known to some magistrate , and not impart it to any body else . . the magistrates conceal those things they think fit , and what they judge may be of use to the publick , they discover to the populace . . no body has leave to speak of the common-wealth , or of publick affairs , but in council or parliament . . they came armed into the council or to parliament . so the custom of the nation was , saith livy ; and tacitus , the like of the germans . chap. xii . women admitted to publick debates . a large commendation of the sex , together with a ●indication of their fitness to govern ; against the salick law , made out by several examples of most nations . . it was grown a custom amongst them ( we meet with this in plutarch ) that they treated of peace and war with their women in company , and if any questions arose betwix● them and their allies , they left it to them to determine . the same custom the cecropians , ( that is , the people of athens ) once had , as austin relates it out of varro , before the women by majority of vote carried it for minerva against neptune . away with you , simonides , and whosoever you are , scoundrels , that unworthily abuse the finer and brighter sex. good angerona , thou goddess of silence , wash , nay stop eubulus his foul mouth , who denies there were ever any good women more than two in the world , to wit , chast penelope , and alcestis , who died in her husbands stead . how large an honour was paid to the counsels , the prudence , the virtue of the gaulish ladies in their chiefest affairs , and not without their desert ? how much honour even at this day , is yearly paid at orleance , on the eighth of may , to the statue of joan darcy of lorain , that stands on the bank of the river loir ; who obliged her dear country with a victory wonderfully got , when all had been lost . to pass by other arguments , antiquity holds this sex to be equally divine as the male. in heaven , sea , earth , together with jupiter , neptune , pluto , who were the gods that shared the world , there governed juno , salacia , proserpina , their goddesses . marry ! in varro's three fold divinity , there are more she-gods than he-gods . ipsa quoque & cultu est , & nomine foemina virtus . uirtue her self , howe're it came , is female both in dress and name . but i do not go to act over caius agrippa's part , by declaiming upon female excellency . the thing it self speaks more than i can , and the subject is its own best orator . i must add one thing which cornelius tacitus tells us of the britans , that they were wont to war under the conduct of women , and to make no difference of sex in places of command and government . which places yet there are some who stiffly deny , that women by right should have the charge of ; as being , what euripides says of them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is , but ill for the stout feats of war , who scarce to look on iron dare . but those authors especially , who , propped up with the salick law ( as they call it ) write , that males only are by right of inheritance capable of the government of the french , they do hold and maintain this argument tooth and nail , with all the unkindness and spite as may be to the english law , which admits of women to the throne . they urge , that not only the laws of pharamond , but nature her self is on their side . the government of women ( 't is bodin of anjou sayes it ) is contrary to the laws of nature , which hath bestowed upon men discretion , strength of body , courage and greatness of spirit , with the power of rule , and hath taken these things from women . but , sweet mr. bodin , are not discretion , strength , courage and the arts of government , more to be desired and required in those who have the tuition of kings in their minority , than in the kings themselves till they are come to age ? truly i am of that mind . for why then , pray tell me , did not that reason of yours wring the guardianship of st. louis out of the hands of the queen-mother blanch ? why not out of isabella's hands under charles the sixth ? why not of catharine de medicis , whilst the two brothers francis and charles her pupils were incircled with the crown ? why not out of the hands of mary , louis the thirteenth being at this very time king ? were the jews , that i may go back to stories more ancient , blind , that they could not see the defects of womens nature , in the government of debora , who triumphed over sisera , and is sufficiently commended in holy writ ? were the italians blind under the government of the most prudent amalasincta ? the halicarnassians , under that of the most gallant artemisia ? the egyptians , among whom heretofore their women managed law-courts and business abroad , and the men lookt to home and minded huswifery ? and the aethiopians under their nicaula , whom being very desirous of wisdom , king solomon , the wisest man that has been ever since the world was , honourably entertain'd ? were the assyrians , under the government of their magnificent semiramis ? the massagetes , under that of the revengeful dame thomyris ? the palmyrenes , under that of the most chaste zenobia ? and that i may make an end once , under that of other excellent women , all nations whatever , none excepted but the franks ? who , as goropius will have it , came to throw off and slight female government upon this account , that in vespasian's time they had seen the affairs of their neighbours the bructeri in east friseland , whilst that scornful hag velleda ruled the roast , came to no good issue . i do very well know , that our perjured barons , when they resolved to exclude queen mawd from the english throne , made this shameful pretence , that it would be a shame , for so many nobles to be subject to a woman . and yet you shall not read , that the iceni ( our essex-men , &c. ) got any shame by that boadicia , whom gildas terms a lioness , or that the brigantes ( i. e. york-shire-men , &c. ) got any by chartismandua . you will read , that they got glory and renown by them both . reader , thou canst not here chuse but think of our late soveraign of ever blessed memory , the darling of britan , q. elizabeth , nor canst thou , whosoever thou art , but acknowledge , that there was not wanting to a woman ( what malmesbury writes of sexburga the queen dowager of cenwalch king of the west saxons ) a great spirit to discharge the duties of the kingdom ; she levied new armies , kept the old ones to duty ; she governed her subjects with clemency , kept her enemies quiet with threats ; and in a word , did every thing at that rate , that there was no other difference betwixt her and any king in management , but her sex. of whose ( i mean elizabeths ) superlative and truly royal vertues a rare poet , and otherwise a very learned man , hath sung excellently well , si quasdam tacuisse velim , quamcunque tacebo major erit : primos actus veteresque labores pros●quar ? ad sese revocant praesentia mentem . justitiam dicam ? magis at clementia splendet . victrices referam vires ? plus vicit inermis . 't is pity these are not well rendred into english. however take them as they are in blank verse . should i in silence some her uertues pass , which e're i so pass o're , will greater be : shall i her first deeds and old facts pursue ? present affairs to them call back my mind . shall i her justice in due numbers sing ? but then her clemency far brighter shines . or shall i her victorious arms relate ? in peace unarm'd she hath got more to th' state. what did the germans our ancestors ? they thought there was in that sex something of sanctity and foresight , nor did they slight their counsels , nor neglect the answers they gave , when questions were put to them about matters of business ; and as superstition increased , held most of them for goddesses . let him then , whatever dirty fellow it was , be condemned to the crows ( and be hang'd to him ) who is not ashamed out of ancient scrolls , to publish to the world , that they ( women ) agree with soldiers ( bully-rocks and hectors ) mainly in this , that they are continually very much taken up with looking after their body , and are given to lust , that souldiers themselves are not , nor endeavour to be more quick and sudden in their cheats and over-reachings , that soldiers deceive people at some distances of time , but women lye alwayes at catch , chouse and pillage their gallants all the wayes they can ; bring them into consumptions with unreasonable sittings up ; and other such like mad rude expressions he useth , not unfitting for a professor in bedlam colledge . plato allowed women to govern , nor did aristotle , ( whatever the interpreters of his politicks foolishly say ) take from them that priviledge . vertue shuts no door against any body , any sex , but freely admits all . and hermes trismegistus that thrice great man in his poemander according to his knowledge of heavenly concerns ( and that sure was great in comparison of what the owl-ey'd philosophers had ) he ascribes the mystical name of male-female to the great understanding , to wit , god , the governour of the universe . they ( the good women i have been speaking of ) from their cradle ( at this rate men commonly talk of them ) do too much love to have the reins of government , and to be uppermost . well! be it so , that they do love to govern ? and who is it doth not love them ? now a sin and shame be it for lovers to grudge to their beloved , that which is most desired and wished by them : nor could i forbear out of conscience with my suffrage , to assist as far as i could , that sex , which is so great and comfortable an importance to mankind , so sweet a refreshment amidst our sharpest toils , and the vicissitudes of life ; and in a word , is the dearest gift that dame nature could bestow upon man. but let us now return to caesar's gauls again . chap. xiii . their putting themselves under protection by going into great mens service . their coins of money , and their weighing of it . some sorts of flesh not lawful to be eaten by them . . very many of them , when they are opprest with debt or with great taxes , or with the injurious oppression of great men , put themselves out to service to the nobles . over such they have the same right or authority , as masters have over their servants or slaves . these things following are expresly related also of the britans themselves . . they use brass coin or rings ( some read it , plates ) of iron proportion'd to a certain weight , instead of money . but , ( saith solinus , a more modern historian ) they dislike and disallow of markets or fairs or money ; they give and take commodities by way of barter . camden is of opinion , that the custom of coining money , came in along with the romans among the cattieuchlani , that is , the people of buckinghamshire , bedfordshire and hartfordshire . he takes notice out of william the conqueror's book of rates or dooms-day book ( which is seasonable to mention upon this head of coins ) that as amongst the old romans , so amongst our ancestors , money was weighed ( as gervase of tilbury also tells us ) and so told out and paid down . now they paid customs to the romans ; and for this purpose they had coins stamped and marked with various shapes of living creatures and vegetables , which ever and anon are digged up out of the ground . and we read in a very ancient chronicle of the monastery of abendon , which had two kings cissa and ina for its founders , that at the laying the first foundations , there were found very old coins engraven with the pictures of devils and satyrs . one may very well suppose them to be british coins . . they do not think it lawful to taste of the flesh of hare , or hen , or goose , and yet they keep these creatures for pleasure and divertisement sake . why they forbore only hare , and hen , and goose , i am not able to give the reason . i perceive something of pythagoras , and something of the jewish discipline mixt . for that philosopher of samos abstained from the eating of flesh , not in general from all , but with a certain choice from that of some particular creatures . chap. xiv . community of wives among the britans , used formerly by other nations also . chalcondylas his mistake from our civil custom of saluting . a rebuke of the foolish humour of jealousie . . they have ten or twelve of them wives in common amongst them , and especially brothers with brothers , and fathers with their sons ; but what children are born of such mothers , they are fathered upon them by whom they were first lain with , when they were maids . o villany and strange confusion of the rights of nature ! dii meliorae piis , erroremque hostibus istum ! which in christian english speaks thus . good god! for th' pious better things devise , such ill as this i wish not t' enemies . however let not this platonick community of wives be more reproach to the britans , than that promiscuous copulation which was used by the thuscans , and before cecrops his time ( who for appointing marriage , that is , joyning one man and one woman together , was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i.e. as one may say two-shaped ) by the athenians , ( as theopompus , suidas and athenaeus report it ) was to them . besides , eusebius in his evangelical preparation writes , that our people for the most part were contented with one single marriage . did not , may one think , chalcondylas mistake caesar's meaning , who a hundred years ago and upwards setting himself to write history at athens , and peradventure over-carelesly drawing ancient customs down to the last age , ventured to affirm of the britans his contemporaries , that when any one upon invitation enters the house of a friend , the custom is , that he first lye with his friends wife , and after that he is kindly entertained ? or did that officious kiss , the earnest of welcome , which is so freely admitted by our women from strangers and guests , which some take particular notice of as the custom of our countrey , put a trick upon chalcondylas , and bring him into that mistake ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . sayes theocritus of old , that is , in empty kisses there is swéet delight . and , qui vult cubare , pangit saltem suavium , sayes the servant in plautus , he that would a woman win , with a kiss he doth begin . and that other fellow , quaero deinde illecebram stupri , principio eam suavium posco . and et jam illud non placet principium de osculo , sayes jealous amphitruo to his wife alcumena . and agesilaus mistrusting his wanton genius , refused the buss or salute of a handsome beautiful youth . for as he sayes , — parva leves capiunt animos , that is , small matters kindle the desire . and a loose spirit 's soon on fire . this our grecian knew well enough , and perchance thought of that unlucky hint , — si non & caetera sumpsit , haec quoque , quae sumpsit , perdere dignus erat . moreover , that great philosopher of lawyers baldus , hath set it down for a rule , that the fathers consent and betrothal is ratified and made good by the daughters admitting the wooer to kiss her . which point of law it would be very ridiculous to imagine should concern us , with whom both maids and married women do easily afford , and civilly too , them that salute them a kiss , not such as catullus speaks of billing like doves , hard busses or wanton smacks , but slight modest chaste ones , and such as sisters give to brothers . these civilities , when omitted , are alwayes signs of clownishness ; when afforded , seldom are accounted signs of whorishness . nor do the husbands in this case ( unless it be perhaps some horn-mad-cuckold ) with a wrinkled forehead shake their bull-feathers , or so much as mistrust any thing as upon jealousie of this custom . it may be chalcondylas being a little pur-blind , saw these passages as it were through a grated lattice , and made ill use of his mistake : i mean , whilst he compared our britans , who upon a matrimonial confidence trust their mates honesty , with the jealous italians , venetians , spaniards , and even his own countrey-men . which people , it is a wonder to me , they should so warily , with so much diligence and mistrust set pinfolds , cunning spies and close attendance , locks and keys , and bars and bolts upon their madonna 's chastity ( most commonly in my conscience all to no purpose ) when that which he has said is as good as oracle , though a wanton one . quod licet , ingratum est : quod non licet , acriùs urit . ferreus est , siquis , quod sinit alter , amat . siqua , metu dempto , casta est , ea denique casta est : quae , quia non liceat , non facit , illa facit . qui timet , ut sua sit , nequis sibi subtrahat illam ; ille machaoniâ vix ope sanus erit . in english thus , what 's frée , 's unpleasant ; what 's not , moves desire . he 's thick skull'd , who doth things allow'd admire . who , fear aside , is chaste , she 's chaste indéed ; who , cause she can't , forbears , commits the deed . who 's wife mistrusts , and plays the jealous whelp , is mad beyond physicians art and help . who does not know , that natures byass runs to things forbidden ? and he who attempts unlawful things , does more often lose those which are lawful . marry ! that free usage of the hot baths of baden in germany , men and women together , is much safer than being jealous . — quis non bonus omnia malit credere , quàm tanto sceleri damnare puellam ? that is , what good man would not take all in best sense , rather by living undisturb'd and frée ; than by distrustful foolish jealousie his lady force to quit her innocence ? but we have taken that pains upon a thing by the by , as if it were our proper business . chap. xv. an account of the british state under the romans . claudius wins a battel , and returns to rome in triumph , and leaves a. plautius to order affairs . a colony is sent to maldon in essex , and to several other places . the nature of these colonies out of lipsius . julius agricola's government here in vespasian's time . jvlius caesar gave a sight of britanny to posterity , rather than made a full discovery or a delivery of it . however malmsbury sayes , that he compelled them to swear obedience to the latin laws , certainly he did scarce so much as abridge the inhabitants from the free use of their own laws ; for the very tributes that were imposed upon them , they in a short time shook off , by revolting from the roman yoke . the same liberty they used and enjoyed to all intents and purposes during augustus , tiberius and caligula's reigns . aulus plautius as general by order of claudius caesar , brought an army into britany . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( so saith dio ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , the inhabitants at that time were subject to divers kings of their own . he overcame in battel prince cradock and togodunus the two sons of king cunobellinus ; afterwards claudius himself came over into the island , fought a set battel ; and having obtained the victory , he took maldon in essex , the royal city of cunobellinus , disarmed the inhabitants , left the government of them , and the subduing of the rest of the people to plautius , and went back himself to rome , where he was honoured with a most splendid and stately triumph . for this was he , of whom seneca the tragoedian speaks : cuique britanni terga dedêre , ducibus nostris ante ignoti , jurisque sui . — which may be thus englished , to whom bold britans turn'd their back , t' our captains formerly unknown , and govern'd by laws of their own . the island being reduced great part under the romans power , and into a lieutenancy , a colony is brought down to maldon ( in essex ) as tacitus and dio has it , with a strong party of veterans , and is planted up and down in the countrey they had taken , as a supply against those that would rebel , and to train up their fellows or allies to the duties of the laws . an old stone speaks thus of that colony , cn . munatius m. f. pal . aurelius . bassus proc . aug . praef . fabro . praef . coh . iii. sagitariorum . praef . coh . iterum . ii. asturum . censitor . civium . romanorum . coloniae . victricensis . quae . est. in. britannia . camaloduni . besides , there was a temple built and dedicated to claudius ara ( or as lipsius reads it arra ) aeternae dominationis ; that is , the altar or earnest of an eternal government . but you will say , all this makes little to our purpose : yes , very much ; as that which brings from abroad the roman orders , laws , fashions , and every thing into britany . near st. albans , a town in hartfordshire , there was sure enough the seat of cassibellinus called verulams , and the burghers , as we learn from agellius , were citizens of rome infranchized , out of their corporations , using their own laws and customs , only partaking the same honorary priviledge with the people of rome : but we have the colony of maldon in essex , which upon another nearer account had all the rights and orders of the people of rome derived to it from the freedom of that city , and was not at its own disposal , or to use its own laws . and the like was practised in this island in more than one place . the reverse of severus the emperours coyn shews it . col . eboracum . leg . vi. victrix . and the coyn of septimius geta on either side . col . divana . leg . xx. victrix . this old divana ( which is the very same with deunana in ptolomy ) if you make it english , is chester the chief city of the cornavians , that is , the people of cheshire , staffordshire , shropshire , &c. again , there is a piece of an old stone in the walls of bath in somersetshire near the north gate has this inscription upon it , dec . coloniae . glev. vixit . ann. lxxxvi . glevum was that then which glocester is now . it may be colchester had the same right of priviledge , unless you had rather derive its name from the river coln that runs aside it . in a word ( sayes seneca to albina ) how many colonies has this people of ours sent into all provinces ? where ever the roman conquers , he dwells . see what abundance there was of them in british province ; whose form of government , and other laws , that they were different from that of the britans , we may plainly perceive from that very form of their constitution after their detachment ; which i shall present you with out of that famous antiquary , and every way most learned and celebrious person justus lipsius . their manner and method was ( sayes he ) that the lands should be divided to man by man , and that by three grave discreet persons , whom they used to chuse for this purpose , who did set out their particular seats and grounds , and the town it self ( if there were one to be built ) and prescribed them rules and rights , and the form as it were of a new common-wealth : yet in that manner , that all things might bear a resemblance of rome and the mother city ; and that in the very places themselves the courts of law , the capitols , the temples , the state-houses or town-halls might be according to that model , and that there might be in the government or magistracy two persons as bailiffs in most places , like the two consuls at rome ; in like manner surveyors and scavengers , aldermen of the wards and headboroughs , instead of a senate or common council as we may call it . ) this is lipsius his account ; so that beatus gildas is not much out of the way , when he sayes , it was reckoned not britannia , but romania . and an ancient copy of verses , which joseph scaliger has rescued out of its rust and mouldiness , has it : mars pater , & nostrae gentis tutela quirine , et magno positus caesar uterque polo ; cernitis ignotos latiâ sub lege britannos , &c. that is , in english , sire mars , and guardian of our state quirinus hight after thy fate , and caesars both plac'd near the pole with your bright stars ye do behold , and th' unknown britans aw , t' observe the roman law. the stately seraglio or building for the emperours women at venta belgarum ( a city at this day called winchester ) and other things of that kind i let pass . in the time of the emperours vespasian , titus and domitian , julius agricola , tacitus his wives father , was lord deputy lieutenant here . he encouraged the barbarous people to civil fashions , insomuch that they took the roman habit for an honour , and almost every body wore a gown ; and as juvenal has it in his satyr , gallia causidicos docuit facunda britannos . the british lawyers learnt of yore , from the well-spoken french their lore : t'imply , hereafter we should sée our laws themselves in french would be . chap. xvi . in commodus his time king lucy embraces the christian religion , and desires eleutherius then pope , to send him the roman laws . in stead of heathen priests , he makes three arch-bishops and twenty eight bishops . he endows the churches , and makes them sanctuaries . the manner of government in constantine's time , where ends the roman account . in commodus the emperours time the light of the gospel shone afresh upon the britans . lucius the first king of the christians ( for the romans , as in other places , so in britany , made use of even kings for their instruments of slavery ) by the procurement of fugatius and damianus did happily receive from pope eleutherius the seal of regeneration ( that is , baptism ) and the sacred laws of eternal salvation . he had a mind also to have the civil laws thence , and desired them too . ovid long since had so prophesied of rome : juráque ab hâc terrâ caetera terra petet . that is , and from this countrey every other land their laws shall fetch , and be at her command . now eleutherius wrote him this answer : you have desired of us , that the roman and caesarean laws may be sent over to you ; that you may , as you desire , use them in your kingdom of britanny . the roman and caesarean laws we may at all times disprove of , but by no means the law of god. for you have lately through divine mercy taken upon you in the kingdom of britanny the law and faith of christ ; you have with you in the kingdom both pages of holy writ , ( to wit , the old and new testament ) . out of them , in the name and by the favour of god , with the advice of your kingdom , take your law , and by it through gods permission , you may govern your kingdom of britanny . now you for your part are gods vicegerent in your kingdom . howsoever by injury of time the memory of this great and illustrious prince king lucy hath been imbezill'd and smuggled , this upon the credit of the ancient writers appears plainly , that the pitiful fopperies of the pagans , and the worship of their idol-devils did begin to flag , and within a short time would have given place to the worship of the true god , and that three arch-flamens and twenty eight flamens , i. e. arch-priests , being driven out , there were as many arch-bishops and bishops put into their rooms ( the seats of the arch-bishops were at london , at york and at caerleon in wales ) to whom , as also to other religious persons , the king granted possessions and territories in abundance , and confirmed his grants by charters and patents . but he ordered the churches ( as he of monmouth and florilegus tell us ) to be so free , that whatsoever malefactor should fly thither for refuge , there he might abide secure , and no body hurt him . in the time of constantine the emperour ( whose pedigree most people do refer to the british and royal blood ) the lord president of france was governour of britanny . he together with the rest , those of illyricum or slavonia , of the east and of italy , were appointed by the emperour . in his time the lord deputy of britanny , ( whose blazonry was a book shut with a green cover ) was honoured with the title of spectabilis . there were also under him two magistrates of consular dignity , and three chief justices ( according to the division of the province into five parts ) who heard and determined civil and criminal causes . and here i set up my last pillar concerning the britans and the roman laws in britanny , so far forth as those writers which i have , do supply me with matter . chap. xvii . the saxons are sent for in by vortigern against the scots and picts , who usurping the government , set up the heptarchy . the angles , jutes , frisons , all called saxons . an account of them and their laws , taken out of adam of bremen . afterwards the scots and picts making incursions on the north , and daily havock and waste of the lands of the provincials , ( that is , those who were under the roman government ) they send to desire of the romans some auxiliary forces . in the mean time , rome by a like misfortune , was threatned with imminent danger , by the fury of the goths : all italy was in a fright , in an uproar . for the maintaining of whose liberty , the empire being then more than sinking , was with all its united strength engaged and ready prepared . so this way the britans met with a disappointment . wherefore vortigern , who was governour in chief , sent for supplies from the neighbouring germans , and invited them in . but according to the proverb , carpathius leporem ; he caught a tartar : for he had better have let them alone where they were . upon this account , the saxons , the angles , the jutes , the frieslanders arrive here in their gally-foists in the time of theodosius the younger . at length being taken with the sweetness of the soil ( a great number of their countrey-men flocking over after them , as there were at that time fatal flittings and shiftings of quarters all the world over ) and spurred on with the desire of the chief command and rule , having struck up a league with the picts , they raise a sad and lamentable war against their new entertainers , in whose service they had lately received pay : and to make short , in the end having turned the britans out of their ancestors seats they advanced themselves into an heptarchy of england , so called from them . albeit they pass by various names , yet in very deed they were all of them none other but saxons . a name at that time of a large extent in germany ; which was not , as later geographers make it , bounded with the rivers of the elb , of the rhine and the oder , and with the confines of hessen and duringen , and with the ocean ; but reached as far as into the cimbrian chersonesus now called jutland . it is most likely , that those of them that dwelt by the sea-side , came over by ship into britanny . to wit , at first horsus and hengistus came over out of batavia , or the low countreys , with a great company of saxons along with them ; after that out of jutland the jutes ( for janus douza proves , that the danes under that appellation seised our shores , in the very beginning of the saxon empire : ) out of angela , according to camden about flemsburg a city of sleswick , came the angles ; out of friseland ( procopius is my author ) the frizons . one may without any wrong call them all saxons ; unless fabius quaestor aethelwerd also did his nation injury , by calling them so . he flourished six hundred and fifty years ago , being the grand-child or nephew of king aethelulph , and in his own words discourses , that there was also a people of the saxons all along the sea-coast from the river rhine up to the city donia , which is now commonly called denmark . for it is not proper here to think of denmark in the neighbouring territories of vtrecht and amsterdam , by reason of the narrowness of that tract . those few observes then , which adam of bremen hath copied out of einhard concerning the saxons , forasmuch as our ancient saxons i suppose , are concerned in them , i here set down in this manner and order . chap. xviii . the saxons division of their people into four ranks . no person to marry out of his own rank . what proportion to be observed in marriages according to policy . like to like the old rule . now matrimony is made a matter of money . . the whole nation consists of four different degrees or ranks of men ; to wit , of nobles , of free-men born , of free-men made so , and of servants or slaves . and nithard speaking of his own time , has divided them into ethelings , that is , nobles , frilings , that is , free-men , and lazzos , that is , servants or slaves . it was enacted by laws , that no rank in cases of matrimony do pass the bounds of their own quality ; but that a noble-man marry a noble-woman , a free-man take a free-woman , a bond-man made free be joyned to a bond-woman of the same condition , and a man-servant match with a maid-servant . and thus in the laws of henry duke of saxony , emperour elect , concerning justs and tournaments , when any noble-man had taken a citizen or countrey-woman to wife , he was forbid the exercise of that sport to the third generation , as sebastian munster relates it . the twelve tables also forbad the marriage of the patricii or nobles with the plebeians or commons ; which was afterwards voided and nulled by a law which canuleius made , when he was tribune of the people . for both politicians and lawyers are of opinion , that in marriages we should make use of not an arithmetical proportion , which consists of equals ; nor of a geometrical one , which is made up of likes ; but of a musical one , which proceeds from unlike notes agreeing together in sound . let a noble-man that is decayed in his estate , marry a commoner with a good fortune ; if he be rich and wealthy , let him take one without a fortune : and thus let love , which was begot betwixt wealth and poverty , suite this unlikeness of conditions into a sweet harmony ; and thus this disagreeing agreement will be fit for procreation and breed . for he had need have a good portion of his own , and be nearer to crassus than irus in his fortunes , who , by reason of the many inconveniencies and intolerable charges of women , which bring great dowries , doth , with megadorus in plautus , court a wife without a portion ; according to that which martial sayes to priscus : vxorem quare locupletem ducere nolim quaeritis ? vxori nubere nolo meae . inferior matrona suo sit , prisce , marito : non aliter fiunt foemina virque pares . which at a looser rate of translation take thus , should i a wife with a great fortune wed , you 'l say , i should be swéetly brought to bed . such fortune will my liberty undo . who brings estate , will wear the bréeches too . unhappy match ! where e're the potent bride hath the advantage wholly on her side . blest pairs ! when the men sway , the women truckle , there 's good agréement , as 'twixt thong and buckle . and according to that of the greek poet , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . take , if you 'l be rul'd by me , a wife of your own degrée . but there is little of our age fashioned to the model of this sense : height of birth , vertue , beauty , and whatsoever there was in pandorae of good and fair , do too too often give place to wealth ; and that i may use the comedians word , to a purse crammed with money . and as the merry greek poet sayes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . to be noble or high-born , is no argument for love : good parts of bréeding lye forlorn ; 't is money only they approve . i come back now to my friend adam . chap. xix . the saxons way of judging the event of war with an enemy . their manner of approving a proposal in council , by clattering their arms. the original of hundred-courts . their dubbing their youth into men. the priviledge of young lads nobly born . the morganheb or wedding-dowry . . they take a prisoner of that nation , with which they are to have a war , by what way soever they can catch him , and chose out one of their own countrey-men ; and putting on each of them the arms of their own countrey , make them two fight together , and judge of the victory , according as the one or the other of them shall overcome . this very thing also tacitus himself hath to whom einhard sends his reader . for though he treat in general of the germans , yet nevertheless without any question , our saxons brought over along with them into this island very many of those things , which are delivered to us by those who have wrote concerning the customs of the germans . among which , take these following . . in councils or publick assemblies , the king or prince , ( i.e. a chief person ) according as every ones age is , according to his nobility , according to his reputation in arms , according to his eloquence , has audience given him , where they use the authority of perswading , rather than the power of commanding . if they dislike what he sayes , they disapprove it with a hum and a rude noise . if they like the proposal , they shake and rustle their spears or partisans together . it is the most honourable kind of assent , to commend the speaker with the clattering of their arms. from hence perhaps arose the ancient right of wapentakes . . there are also chosen at the same councils or meetings , chief persons ( as justices ) to administer law in the several villages and hamlets . each of those have a hundred associates out of the commonalty for their counsel and authority . this is plainly the pourtraict of our hundreds , which we still have throughout the counties of england . . they do nothing of publick or private affair , but with their arms on ; but it is not the custom for any one to wear arms , before the city or community approve of him as sufficient for it . then in the council it self , either some one of the princes or chief persons , or the father of the young man or some kinsman of his in token of respect , give him a shield and a partisan . this with them stands for the ceremony of the gown ; this the first honour of youth arriving at manhood ; before this be done , they seem but a part of the family : but after this is over , they are a part of the common-wealth . the right ancient pattern of dubbing knights , if any where else to be found . julius caesar sayes almost the very same thing of the gauls . they do not suffer their children , to come in publick to them , till they be come to age , that they be able to undergo the duties of war. . a remarkable nobleness of descent , or the high merits of their fathers , procure even to young lads the dignity and esteem of a prince . for , as the philosopher sayes , we owe this regard to vertues , that we respect them , not only whilst present , but also when they are taken away out of our sight ; and in the wise mans account , the glory of parents , is the honour of their children . . the wife doth not bring the husband a portion , but the husband gives the wife a dowry . contrary to what the roman law saith , that custom is still in use with the english , as morgangheb in other places . chap. xx. their severe punishments of adultery , by maiming some parts of the body . the reason of it given by bracton . the like practised by danes and normans . . the husband if his wife playes the whore , cuts off her hair , strips her naked , and turns her out of doors in presence of her kindred , and drives her through the streets , lashing or beating her as she goes along . they were formerly in this northern part of the world , most severe punishers of adultery , and they had such laws as were — ipsis marti venerique timenda ; that is , such as would put mars and venus in a trance of fear , amidst their dalliance . king knute ordered , that a wife , who took another passenger on board her than her husband , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . oft times i th' nights away she hies , and into other harbour flyes . ( well speed thee and thine , fair venus ; nor do i willingly bring these ill tidings to thy tender ducklings . ) should have her nose and ears cut off . i remember , antinous in homer threatens irus with the chopping off his nose , ears and privities ; and vlysses inflicts that very punishment upon his goat-herd melanthius , for his having been too officious in his pimping attendance upon the gallants , that haunted the house in his absence . how any one should deserve this penalty , which so disfigures nature , i do not yet sufficiently understand . heraclides ponticus informs us , that law-makers were wont to maim that part especially which committed the misdemeanour . in testimony of this , he mentions tytius his liver as the shop and work-house of lust ; and it were no hard matter to bring in other more pertinent instances ; and pereant partes , quae nocuerc . saith some poet , the parts that did the hurt , let them e'en suffer for 't . however it was not melanthius his ears , and by no means his nose that offended ; no nor the good wives neither that commits the fact : as martial the merry wag tells a certain husband , quis tibi persuasit nares abscindere moecho ? non hâc peccata est parte , marite , tibi . that is , with modesty to render it , what made thee , angry man , to cut the nose of him , that went to rut ? 't was not that part , that did th' offence : therefore to punish that , what sense ? but who doth not see , that a woman hath no other parts of her body so lyable to maiming or cutting off ? both those parts make much for the setting her off ; nor are there any others in the whole outward frame of the microcosm , which being cut off , do either more disparage beauty , or withal less afflict the animal vertue , as they call it , by which life is maintain'd . now for those , who of old time did unluckily , that is , without the favour of those heathen gods prema and mutinus , to whose service they were so addicted , offer violence to untainted chastity ; the loss of members did await the lust of such persons , . that there might be member for member ( they are the words of henry bracton , a very ancient writer of our law , and they are clear testimonies , that the english have practised the law of like for like ) quia virgo , cùm corrumpitur , membrum amittit , & ideò corruptor puniatur in eo in quo deliquit : oculos igitur amittat propter aspectum decoris , quo virginem concupivit ; amittat & testiculos , qui calorem stupri induxerunt so long ago , aut linguam aut oculos aut quae tibi membra pudorem abstulerant , ferro rapiam . sayes progne to her sister philomele , speaking of the filthy villain tereus , who had ravished her , i 'le cut out his eyes or tongue , or those parts which did thée the wrong . and plautus in his play called paenulus , sy. facio quod manifesto moechi haud ferme solent . mi. ruid id est ? sy. refero vasa salva . i remember i have read that jeoffry de millers a nobleman of norfolk , for having inticed the daughter of john briton to an assignation , and ingaged her with venereal pledges ; being betrayed and trepann'd by the baggage , underwent this execution ; and suffered besides , whatsoever a fathers fury in such a case would prompt him to do : but withal , that king henry the third was grievously offended at it , dis-inherited briton , banished him , and gave order by proclamation , that no one should presume , unless it were in his wives case , to do the like . but these passages are of later date , and since the normans time and from them ; unless you will bring hither that which we meet with in alured's law concerning a man and a maid-servant . from whence we slide back again to tacitus . chap. xxi . the manner of inheriting among them . of deadly feuds . of wergild or head-mony for murder . the nature of country-tenures and knights fees. . every ones children are their heirs and successors , and there was no will to be . nor was it lawful with us down to our grandfathers time , to dispose of country farms or estates by will , unless it were in some burroughs , that had a peculiar right and priviledge of their own . if there be no children , then , says he , the next of kin shall inherit ; brethren , or uncles by the fathers or mothers side . those of the ascending line are excluded from inheritances , and here appears the preference of the fathers side : a law at this very day usual with the english. . to undertake the enmities rather than the friendships , whether of ones father or kinsman , is more necessary . capital enmities , which they call deadly feuds , are well known to our northern people . nor do they hold on never to be appeased : for even murder is expiated by a certain number of some head of cattel , and the whole family of the murdered person receives satisfaction . murders formerly were bought off with head-mony called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; though one had killed a nobleman , nay the king himself , as we may see in athelstan's constitutions : but good manners , i suppose , have prevailed above laws . . the lord imposes upon his tenant a certain quantity of corn or cattel , or clothes . we see here clearly enough the nature of country land-holders , fees or tenures . as to military or knights fees , give me leave to set that down too . dionysius halicarnasseus gives us a very ancient draught and model of them in the trojans and aborigines : florus in the cymbrians , and lampridius in alexander severus . both the northern people and the italians do owe them to the huns and lombards ; but these later according to a more modern form . let these things suffice out of cornelius tacitus , which belong to this head. chap. xxii . since the return of christianity into the island , king ethelbert's law against sacriledge . thieves formerly amerced in cattel . a blot upon theodred the good , bishop of london , for hanging thieves . the country called engelond by order of king egbert , and why so called . the laws of king ina , alfred , ethelred , &c. are still to be met with in saxon. those of edward the confessor , and king knute the dane , were put forth by mr. lambard in his archaeonomia . before that the christian doctrine had driven out and banished the saxon idolatry , all these things i have hitherto been speaking of , were in use . ethelbert ( he that was the first king , not only of kent , but of all england , except northumberland ) having been baptized by austin the monk , the apostle , as some call him , of the english ) amongst other good things which by counsel and grant he did to his nation , ( 't is venerable bede speaks these words ) he did also with the advice of wise men , appoint for his peoples use the orders of their proceedings at law , according to the examples of the romans . which having been written in the english tongue ( says he ) are hitherto , or to this time kept and observed by them . among which orders or decrees he set down in the first place , after what manner such an one should make amends , who should convey away by stealth any of those things that belonged to the church , or to a bishop , or to the rest of the orders . in the laws of some that came after him , as those of king alured ( who cull'd out of ethelbert's acts to make up his own ) and those of king athelstan , thieves make satisfaction with mony ; accordingly as tacitus says of the germans , that for lighter offences those that were convicted are at the rate of their penalties amerced such a number of horses or other cattel . for , as festus hath it , before brass and silver were coyned , by ancient custom they were fined for their faults so much cattel : but those who medled with any thing sacred , we read had that hand cut off with which they committed the theft . well! but am i mistaken , or was sacriledge even in the time of the saxon government punisht as a capital crime ? there is a passage of william of malmsbury , in his book de gestis pontificum , that inclines me to think so . speaking of theodred , the bishop of london when athelstan was king , he says , that he had among the common people got the sirname of theodred the good ; for the eminence of his virtues : only in one thing he fell short , which was rather a mistake than a crime , that those thieves which were taken at st. edmunds , whom the holy martyr had upon their vain attempts tied with an invisible knot ( he means st. edmundsbury in suffolk ; which church these fellows having a design to rob , are said by miracle to have stood still in the place , as if they had been tied with cords : these thieves i say ) were by his means or sufferance given up to the severity of the laws , and condemned to the gallows or gibbet . let not any one think that in this middle age , this gallows or gibbet i spoke of , was any other thing than the roman furca , upon which people hang and are strangled till they die . . egbert king of the west-saxons ( i make use of camdens words ) having gotten in four kingdoms by conquest , and devour'd the other two also in hope , that what had come under the government of one , might likewise go under one name ; and that he might keep up the memory of his own people the angles , he gave order by proclamation , that the heptarchy which the saxons had possest , should be called engelond . john carnotensis writes , that it was so called from the first coming in of the angles ; and another some body says it was so named from hengist a saxon prince . there are a great many laws of king ina , alfred , edward , athelstan , edmund , edgar , ethelred , and knute the dane , written in the saxon language ; which have lasted till these very times . for king knute gave order ( 't is william of malmsbury speaks ) that all the laws which had been made by former kings , and especially by his predecessor ethelred , should under pain of his displeasure and a fine , be constantly observed : for the keeping of which , even now in the time of those who are called the good , people swear in the name of king edward ; not that he appointed them , but that he observed them . the laws of edward , who for his piety has the sirname of confessor , are in readers hands . these of the confessor were in latin ; those others of knute were not long since put into latin by william lambard a learned man , and one very well vers'd in antiquity ; who has recovered them both , and published the saxon original with his translation over against it , printed by john day at london , anno . under the title of archaeonomia , or a book concerning the ancient laws of the english. may he have a good harvest of it as he deserves . from historians let us borrow some other helps for this service . chap. xxiii . king alfred divides england into countyes or shires , and into hundreds and tythings . the original of decenna or court-leet , friburg , and mainpast . forms of law , how people were to answer for those whom they had in borgh or mainpast . . ingulph the abbot of crowland , writing of king alfred says : that he was the first of all that changed the villages or lordships and provinces of all england into counties or shires . before that it was reckoned and divided according to the number of hides or plough-lands by little districts or quarters . he divided the counties into hundreds and tythings ; ( it was long before that honorius , arch-bishop of canterbury , had parted the country into parishes ; to wit , anno . ) that every native home-born lawful man , might be in some hundred and tything ( i mean whosoever was ●ull twelve years of age ) and if any one should be suspected of larceny or thest , he might in his own hundred or ward , being either condemned or giving security ( in some manuscripts it is being acquitted ) he might either incur or avoid the deserved penalty . william of malmsbury adds to this , that he that could not find security was afraid of the severity of the laws ; and if any guilty person , either before his giving security or after , should make his escape , all of that hundred and tything should incur the kings fine . here we have the original of decenna or a court-leet , of friburg , and perhaps of mainpast : which things though grown out of use in the present age ; yet are very often mentioned , not only in the confessors laws , but also in bracton and in other records of our law. what decenna was , the word it self does almost shew : and ingulph makes out , that is , a dousin or courtleet . friburg or borgh signifies a surety ; for fri is all one as free . he who passes his word for anothers good behaviour , or good a bearing , and is become his security ; is said to have such a one in his borgh : being ingaged upon this account to the government , to answer for him if he misbehave himself . and hence it is , that our people in the country call those that live near them , or as i may say at the next door , neighbours : when yet those that would find out the reason why the people of liege in the low countries are called eburones , do understand that burgh , which is the same as borgh , to stand for a neighbour ; and this is plainly affirmed by pontus heuterus , in other originations of the like kind . manupastus is the same thing as a family : as if one would say , fed by hand . just in the like sence julius pollux , in greek terms a master of a family , trophimos ; that is , the feeder of it . that the rights of friburg and manupast were in use with the english some five or six generations ago , is manifest . curio a priest is fined by edward the third , because there had been one of his family a murderer . and the ancient sheets concerning the progress or survey of kent under edward the second , do give some light this way . ralph a milner of sandon , and roger a boy of the said ralph in borgh of * twicham ; ( critick whoever you are , i would not have you to laugh at this home-spun dialect ) came by night to the mill of harghes , and then and there murdered william the milner ; and carried away his goods and chattels and presently fled : it is not known whither they are gone , and the jury mistrusts them the said ralph and roger concerning the death of the aforesaid william ; therefore let them be driven out and out-lawed . they had no chattels , but the aforesaid ralph was in borgh of simon godwin of twicham , who at present has him not ; and therefore lies at mercy : and roger was not in borgh , but was of the mainpast of robert arch-bishop of canterbury deceased ; there being no engleshire presented , the verdit is , the murder upon the hundred . the first discoverer of it and three neighbours are since dead ; and thomas broks , one of the neighbours , comes and is not mistrusted ; and the villages of wimesbugewelle and egestoun did not come fully to the coroners inquest and are therefore at mercy . and about the same time , solomon rois of ickham came to the house of alice the daughter of dennis whenes , and beat her and struck her upon the belly with a staff ; so that she dyed presently . and the foresaid solomon presently fled , and the jury mistrust him concerning the death aforesaid ; therefore let him be driven out and be outlawed . he had no chattels , nor was he in borgh because a vagrant : the verdit , the murder lies upon the hundred . &c. and according to this form more such instances . but let it suffice to have hinted at these things , adding out of henry bracton ; if out of frank-pledge an offender be received in any village , the village shall be at mercy ; unless he that fled be such an one , that he ought not to be in leet and frank-pledge ; as nobles , knights , and their parents ( their eldest sons it is in the yearly records of law in edward the first 's time ; and we may take in daughters too ) a clergy-man , a freeman , ( i fear this word has crept in ) and the like , according to the custom of the country ; and in which case he , of whose family and mainpast they were , shall be bound in some parts , and shall answer for them ; unless the custom of the country be otherways , that he ought not to answer for his mainpast , as it is in the county of hertford , where a man does not answer for his mainpast for any offence , unless he return after felony , or he receive him after the offence committed , as in the circuit of m. de pateshull in the county of hertford , in such a year of king henry the fifth . in sooth these usages do partly remain in our tythings and hundreds , not at all hitherto repealed or worn out of fashion . chap. xxiv . king alfred first appointed sheriffs . by duns scotus his advice , he gave order for the breeding up of youth in learning . by the way , what a hide of land is . king edgar's law for drinking . prelates investiture by the kings ring and staff. king knute's law against any english-man that should kill a dane , hence englescyre . the manner of subscribing and sealing till edward the confessor's time . king harald's law that no welch-man should come on this side offa's dike with a weapon . . the governors of provinces who before were styled deputy-lieutenants ( we return to ingulph and king alfred ) he divided into two offices ; that is , into judges , whom we now call justices , and into sheriffs , who do still retain the same name . away then with polydore virgil , who fetches the first sheriffs from the norman conqueror . . john scot erigena advised the king , that he would have his subjects instructed in good letters ; and that to that end he would by his edict take care of that which might be for the benefit of learning . whereupon he gave strict order to all freemen of the whole kingdom , who did at least possess two hides of land , that they should hold and keep their children till the time of fifteen years of their age , to learning ; and should in the mean time diligently instruct them to know god. a hide of land , that i may note it once for all , and a plough-land ( that is as much land as can be well turned up and tilled with one plough every year ) are read as synonymous terms of the same sence , in huntingdon , matthew paris , thomas walsingham ; and expresly in a very old charter of dunstan . although some take a hide for an hundred acres , and others otherwise ; do thou , if thou hadst rather so do , fansie it to be as much ground as one can compass about with a bull-hide cut into thongs , as queen dido did at carthage : there are some who are not unwilling to have it so understood . . king edgar like a king of good fellows , or master of revels , made a law for drinking . he gave order that studs or knobs of silver or gold ( so malmsbury tells us ) should be fastned to the sides of their cups or drinking vessels , that when every one knew his mark or boundary , he should out of modesty , not either himself covet or force another to desire more than his stint . this is the only law before the first parliament under king james , has been made against those swill-bowls , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , swabbers of drunken feasts and lusty rowers , in full brimm'd rummers that do ply their oars . who by their carowses ( tipling up nestor's years , as if they were celebrating the goddess anna perenna ) do at the same time drink others healths , and mischief and spoil their own and the publick . . there was no choice of prelates ( these are the words of ingulph again ) that was merely free and canonical ; but the court conferred all dignities , as well of bishops as of abbots , by the kings ring and staff , according to his good pleasure . the election or choice was in the clergy and the monks ; but they desired him whom they had chosen , of the king. edmund , in king ethelred's time , was after this manner made bishop of the holy island on the coast of northumberland : and king edgar in his patent , which he signed to the abby of glastenbury , retained to himself and his heirs , the power of bestowing the pastoral staff to the brother elect. . to as many as king knute retained with him in england ( to wit , to the danes ; for by their hands also was the scepter of this kingdom managed ) it was granted , that they should have a firm peace all over ; so that if any of the english killed any of those men , whom the king had brought along with him ; if he could not clear himself by the judgment of god ( that is , by ordeal ) to wit , by water and burning hot iron , justice should be done upon him : but if he run away and could not be taken , there should be paid for him sixty six marks ; and they were gathered in the village where the party was slain , and therefore because they had not the murderer forth coming ; and if in such village by reason of their poverty , they could not be gathered , then they should be gathered in the hundred , to be paid into the kings treasure . in this manner writes henry bracton , who observes that hence the business of englishshire came into fashion in the inquests of murder . . hand-writings ( i.e. patents and grants ) till edward the confessors time , were confirmed by the subscriptions of faithful persons present ; a thing practised too among the britans in king arthur's time , as john price informs us out of a very ancient book of the church of landaff . those subscriptions were accompanied with golden crosses , and other sacred seals or like stamps . . king harald made a law , that whosoever of the welch should be found with a weapon about him without the bound which he had set them , to wit , offa's dike ; he should have his right hand cut off by the kings officers . this dike our chorographer tells us was cut by offa king of the mercians , and drawn along from the mouth of the river dee to the mouth of the river wye for about eighty miles in length , on purpose to keep the english and welch asunder . chap. xxv . the royal consorts great priviledge of granting . felons estates forfeited to the king. estates granted by the king with three exceptions of expedition , bridge , and castle . the ceremony of the kings presenting a turf at the altar of that church , to which he gave land. such a grant of king ethelbald comprized in old verse . the donations or grants of the royal consort , though not by the kings authority , contrary to what the priviledge of any other wife is , were ratified also in that age , as they were by the roman law : which by the patent of aethelswith , wife to burghred king of the mercians , granted to cuthwuls in the year . hath been long since made out by sir edward coke , lord chief justice of the common pleas : where also king ethelred's ancient charter proves , that the estates of felons ( those i mean who concern themselves in burglaries and robberies ) are forfeited to the king. having already mentioned those hand-writings or grants , which are from one hand and t'other , conveyances of tenure ( the fewel of quarrels ) i have a mind , over and above what has been said , to set down also these remarks , as being to our purpose ; and taken from the saxons . as for instance , that those are most frequent whereby estates are conveyed to be held with the best and fairest right ; yet most commonly these three things excepted , to wit , expedition , repairing of bridges , and building of castles : and that those to whom the grants were made , were very seldom acquitted upon this account . these three exceptions are noted by the term of a three-knotted necessity in an old charter , wherein king cedwalla granted to wilfrid ( the first bishop of shelsey in sussex ) the village of paganham in the said county . for though in the grants of king ethelulph the church be free ( says ingulph ) and there be a concession of all things for the release of our souls , and pardon of our sins to serve god alone without expedition , and building of bridge , and fortifying of castle ; to the intent that the clergy might wholly attend divine service : yet in that publick debate of parliament , in the reign of henry the third , concerning the ancient state , freedom , and government of the english church ; and concerning the hourly exactions of the pope and the leeches , jugglers and decoys of rome , that strolled up and down the country to pick peoples pockets , to the great prejudice of the common-wealth ; they did indeed stand for the priviledge of the church , and produced as witnesses thereof the instruments and grants of kings ; who nevertheless were not so much inclined to countenance that liberty of the church , but that , as matthew paris observes , they always reserved to themselves for the publick advantage of the kingdom , three things ; to wit , expedition , and the repairing or making up of bridge or castle ; that by them they might withstand the incursions of the enemy . and king ethelbald hath this form : i grant that all the monasteries and churches of my kingdom be discharged from publick customs or taxes , works or services , and burdens or payments or attendances , unless it be the building and repairing of castles or bridges , which cannot be released to any one . i take no notice how king ethelred the twelfth perhaps ( but by no means the fifteenth , wherein an historian of ours has blundred ) hath signed the third year of his reign by the term of an olympiad , after the manner of the greek computation or reckoning : as likewise i pass other things of the like kind , which are many times used and practised according to the fancy of the clerks or notaries . however the last words , which are the close of these grants and patents , are not to be slighted . these we may see in that of cedwalla , king of the south-saxons , made to theodore arch-bishop of canterbury , in the year . thus . for a further confirmation of my grant , i cedwalla have laid a turf of the land aforesaid upon the holy altar of my saviour : and with my own hand , being ignorant of letters , have set down and expressed the mark or sign of the holy cross. concerning withred and a turf of land in kent , camden has the same thing ; and king ethelulph is said to have offered his patent , or deed of gift , on the altar of the holy apostle st peter . for a conclusion , i know no reason why i may not set underneath , the verses of an old poet , wherein he hath comprised the instrument or grant of founding an abby , which ethelbald , king of the mercians , gave to kenulph abbot of crowland : verses , i say , but such as were made without apollo's consent or knowledge . istum kenulphum si quis vexaverit anglus , rex condemno mihi cuncta catella sua . inde meis monachis de damnis omnibus ultrà vsque satisfaciat ; carcere clausus erit . adsunt ante deum testes hujus dationis anglorum proceres pontificesque mei . sanctus * guthlacus confessor & anachorita hic jacet , in cujus auribus ista loquor . oret pro nobis sanctissimus iste sacerdos , ad tumbam cujus haec mea dona dedi . which in rhyme dogrel will run much after this hobling rate . if any english vex this kenulph , shall i king condemn to me his chattels all . thenceforth , until my monks he satisfie , for damages , in prison he shall lye . witnesses of this gift here in gods sight are english peers and prelates of my right . saint guthlac confessor and anchoret , lies here , in whose ears these words i speak yet . may he pray for us that most holy priest , at whose tomb these my gifts i have addrest . thus they closed their donations or grants ; thus we our remarks of the saxons , being now to pass to the normans . the second book of the english janus . from the norman conquest , to the death of king henry ii. chap. i. william the conquerour 's title . he bestows lands upon his followers , and brings bishops and abbots under military service . an account of the old english laws , called merchenlage , danelage and westsaxen-lage . he is prevailed upon by the barons , to govern according to king edward's laws , and at s. albans takes his oath so to do . yet some new laws were added to those old ones . william duke of normandy upon pretence of a double right , both that of blood ( inasmuch as emme the mother of edward the confessor , was daughter to richard the first duke of the normans ) and withal that of adoption , having in battel worsted harald the son of godwin earl of kent , obtain'd a large inheritance , and took possession of the royal government over all england . after his inauguration he liberally bestowed the lands and estates of the english upon his fellow-soldiers ; that little which remained ( so saith matthew paris ) he put under the yoke of a perpetual servitude . upon which account , some while since the coming in of the normans , there was not in england except the king himself , any one , who held land by right of free-hold ( as they term it : ) since in sooth one may well call all others to a man only lords in trust of what they had ; as those who by swearing fealty , and doing homage , did perpetually own and acknowledge a superior lord , of whom they held , and by whom they were invested into their estates . all bishopricks and abbacies , which held baronies , and so far forth had freedom from all secular service ( the fore-cited matthew is my author ) he brought them under military service , enrolling every bishoprick and abbacy according to his own pleasure , how many souldiers he would have each of them find him and his successors in time of hostility or war. having thus according to this model ordered the agrarian law for the division and settlement of lands , he resolved to govern his subjects ( we have it from gervase of tilbury ) by laws and ordinances in writing : to which purpose hè proposed also the english laws according to their tripartite or threefold distinction ; that is to say , merchenlage , danlage and westsaxenlage . merchenlage , that is , the law of the mercians ; which was in force in the counties of glocester , worcester , hereford , warwick , oxford , chester , salop and stafford . danlage , that is , the law of the danes ; which bore sway in yorkshire , derby , nottingham , leicester , lincoln , northampton , bedford , buckingham , hertford , essex , middlesex , norfolk , suffolk , cambridge , huntingdon . westsaxenlage , that is , the law of the west-saxons ; to which all the rest of the thirty two counties ( which are all that malmesbury reckons up in ethelred's time ) did belong ; to wit , kent , sussex , surrey , berks , southampton , winton , somerset , dorset and devon. some of these english laws he disliked and laid aside ; others he approved of , and added to them , some from beyond sea out of neustria ( he means normandy , which they did of old , term neustria corruptly , instead of westrich , as being the more western kingdom of the franks , and given by charles the simple to rollo for his daughter gilla her portion ) such of them as seemed most effectual for the preserving of the kingdoms peace . this saith he of tilbury . now this is no rare thing among writers for them to devise , that william the conqueror brought in as it were a clear new face of laws to all intents and purposes . 't is true , this must be acknowledg'd , that he did make some new ones ( part whereof you may see in lambard's archaeonomia , and part of them here subjoyned ) but so however that they take their denomination from the english , rather than from the normans ; although one may truly say , according to what lawyers dispute , that the english empire and government was overthrown by him . that he did more especially affect the laws of the danes ( which were not much unlike to those of the norwegians , to whom william was by his grand-father allied in blood ) i read in the annals of roger hoveden . and that he openly declared , that he would rule by them ; at hearing of which , all the great men of the countrey , who had enacted the english laws , were presently struck into dumps , and did unanimously petition him , that he would permit them to have their own laws and ancient customs ; in which their fathers had lived , and they themselves had been born and bred up in ; forasmuch as it would be very hard for them to take up laws that they knew not , and to give judgement according to them . but the king appearing unwilling and uneasie to be moved , they at length prosecuted their purpose , beseeching him , that for the soul of king edward , who had after his death given up the crown and kingdom to him , and whose the laws were , and not any others that were strangers , he would hearken to them and grant that they might continue under their own countrey laws . whereupon calling a council , he did at the last yield to the request of the barons . from that day forward therefore the laws of king edward , which had before been made and appointed by his grand-father adgar , seeing their authority , were before the rest of the laws of the countrey respected , confirmed and observed all over england . but what then ? doth it follow that all things in william's time were new ? how can a man chuse but believe it ? the abbot of crowland sayes this of it , i have brought with me from london into my monastery the laws of the most righteous king edward , which my renowned lord king william hath by proclamation ordered , under most grievous penalties , to be authentick and perpetual , to be kept inviolably throughout the whole kingdom of england , and hath recommended them to his justices , in the same language wherein they were at first set forth and published . and in the life of fretherick abbot of s. albans you have this account : after many debates , arch-bishop lanfrank being then present ( at berkhamstead in hartfordshire ) the king did for the good of peace , take his oath upon all the reliques of the church of s. alban , and by touching the holy gospels , fretherick the abbot administring the oath , that he would inviolably observe the good and approved ancient laws of the kingdom , which the holy and pious kings of england his predecessors , and especially king edward had appointed . but you will much more wonder at that passage of william le rouille of alençon in his preface to the norman customs . that vulgar chronicle , saith he , which is intitled the chronicle of chronicles , bears witness , that s. edward king of england , was the maker or founder of this custom ; where he speaks of william the bastard duke of normandy , alias king of england , saying , that whereas the foresaid s. edward had no heirs of his own body , he made william heir of the kingdom , who after the defeat and death of harald the usurper of the kingdom , did freely obtain and enjoy the kingdom upon this condition , to wit , that he would keep the laws which had before been made by the fore-mentioned edward ; which edward truly had also given laws to the normans , as having been a long time also brought up himself in normandy . where then , i pray you , is the making of new laws ? why ! without doubt , according to tilbury , we are to think , that together with the ratifying of old laws , there was mingled the making of some new ones : and in this case one may say truly with the poet in his panegyrick : firmatur senium juris , priscamque resumunt canitiem leges , emendanturque vetustae , acceduntque novae . — which in english speaks to this sense ; the laws old age stands firm by royal care , statutes resume their ancient gray hair . old ones are mended with a fresh repair ; and for supply some new ones added are . see here ! we impart unto thee , reader , these new laws , with other things , which thou maist justly look for at my hands in this place . chap. ii. the whole country inrolled in dooms-day book . why that book so called . robert of glocester's verses to prove it . the original of charters and seals from the normans , practised of old among the french. who among the romans had the priviledge of using rings to seal with , and who not . . he caused all england to be described , and inrolled ( a whole company of monks are of equal authority in this business , but we make use of florentius of worcester for our witness at this time ) how much land every one of his barons was possessed of , how many soldiers in fee , how many ploughs , how many villains , how many living creatures or cattel , i , and how much ready mony every one was master of throughout all his kingdom , from the greatest to the least ; and how much revenue or rent every possession or estate was able to yield . that breviary or present state of the kingdom being lodged in the archives for the generality of it , containing intirely all the tenements or tenures of the whole country or land was called dooms-day , as if one would say , the day of doom or judgment . for this reason , saith he of tilbury , we call the same dooms-day book : not that there is in it sentence given concerning any doubtful cases proposed ; but because it is not lawful upon any account , to depart from the doom or judgment aforesaid . reader , if it will not make thy nice stomach wamble , let me bring in here an old fashioned rhyme , which will hardly go down with our dainty finical verse-wrights , of an historical poet robert of glocester : one whom , for his antiquity , i must not slight concerning this book . the k. w. vor to wite the worth of his londe let enqueri streitliche thoru al engelonde , hou moni plou lond , and hou moni hiden also were in everich sire , and wat hii were wurth yereto : and the rents of each toun , and of the waters echone , that wurth , and of woods eke , that there ne bileved none , but that he wist wat hii were wurth of al engelonde , and wite al clene that wurth thereof ich understond and let it write clene inou , and that scrit dude iwis in the tresorie at westminster there it yut is . so that vre kings suth , when hii ransome toke and redy wat folc might give , hii fond there in yor boke . considering how the english language is every day more and more refined , this is but a rude piece , and looks scurvily enough . but yet let us not be unmindful neither , that even the fine trim artifices of our quaint masters of expression , will themselves perhaps one day , in future ages , that shall be more critical , run the same risk of censure , and undergo the like misfortune : and that , multa renascentur quae nunc cecidere , cadentque quae nunc sunt in honore ; — as horace the poet born at venusium , tells us : that is , several words which now are fal'n full low , shall up again to place of honour start ; and words that now in great esteem , i trow , are held , shall shortly with their honour part . . the normans called their writings given under their hand , charters ( i speak this out of ingulph ) and they ordered the confirmation of such charters with an impression of wax , by every ones particular seal , under the testimony and subscription of three or four witnesses standing by . but edward the confessor had also his seal , though that too from normandy . for in his time , as the same writer saith , many of the english began to let slip and lay aside the english fashions , bringing in those of the normans in their stead , and in many things to follow the customs of the franks ; all great persons to speak the french tongue in their courts , looking upon it as a great piece of gentility , to make their charters and writings alamode of france ; and to be ashamed of their own country usages in these and other like cases . nay , and if leland , an eye-witness , may be believed , our great prince arthur had his seal also , which he saith he saw in the church of westminster with this very inscription . patritius . arthurius . britanniae . galliae . germaniae . daciae . imperator . that is , the right noble , arthur , emperor of britanny , france , germany , and transylvania . but that the saxons had this from the normans , is a thing out of all question . their grants or letters patents signed with crosses , and subscribed with witnesses names , do give an undoubted credit and assurance to what i have said . john ross informs us that henry beauclerk was the first that made use of one of wax ; and matthew of canterbury , that edward the first did first hang it at the bottom of his royal writings by way of label ; whereas before , his predecessors fastned it to the left side . such a writing of henry the first in favour of anselm , the last author makes mention of ; and such an one of william's duke of the normans , though a very short one and very small written ; brian twine in his apology for the antiquity of the famous university of oxford ( the great study and support of england , and my ever highly honoured mother ) saith , he had seen in the library of the right honourable my lord lumley . but let a circumcised jew , or who else will for me , believe that story concerning the first seal of wax , and the first fastning of it to the writing : a great many waxen ones of the french peers ( that i may say something of those in wax ) and golden ones of their kings ( to wit , betwixt the years and ) we meet with fashioned like scutcheons or coats of arms in those patterns or copies which francis de rosieres has in his first tome of the pedigree or blazonry of the dukes of lorain , set down by way of preface . nor was it possible that the normans should not have that in use , which had been so anciently practised by the french. let me add this out of the ancient register of abendon : that richard earl of chester ( who flourished in the time of henry the first ) ordered to sign a certain writing with the seal of his mother ermentrude ; seeing that ( being not girt with a soldiers belt , i. e. not yet made knight ) all sorts of letters directed by him , were inclosed with his mothers seal . how ? what is that i hear ? had the knightly dignity and order the singular priviledge , as it was once at rome , to wear gold-rings ? for rings ( as 't is related out of ateius capito ) were especially designed and ingraven for seals : let phoebus , who knows all things , out of his oracle tell us . for ●ervants or slaves ( so says justus lipsius , and remarks it from those that had been dug up in holland ) and common soldiers were allowed iron ones to sign or to seal with ( which therefore flavius vopiscus calls annulos sigillaricios , i. e. seal-rings ) and so your ordinary masters of families had such , with a key hanging at it to seal and lock up their provision and utensils . but , saith ateius of the ancient time , neither was it lawful to have more than one ring , nor for any one to have one neither but for freemen , whom alone trust might become , which is preserved under seal ; and therefore the servants of a family had not the right and priviledge of rings . i come home to our selves now . chap. iii. other ways of granting and conveying estates , by a sword , &c. particularly by a horn. godwin's trick to get boseham of the arch-bishop of canterbury . pleadings in french. the french language and hand when came in fashion . coverfeu-laws against taking of deer , against murder , against rape . . at first many lands and estates were collated or bestowed by bare word of mouth , without writing or charter , only with the lords sword or helmet , or a horn or a cup ; and very many tenements with a spur , with a currycomb , with a bow , and some with an arrow : but these things were in the beginning of the norman reign , in after times this fashion was altered , says ingulph . i , and these things were before the normans government . let king edgar his staff cut in the middle , and given to glastenbury abbey for a testimony of his grant , be also here for a testimony . and our antiquary has it of pusey in berkshire , that those who go by the name of pusey do still hold by a horn , which heretofore had been bestowed upon their ancestors by knute the danish king. in like manner , to the same purpose an old book tells this story : that one vlphus the son of toraldus , turned aside into york , and filled the horn that he was used to drink out of , with wine ; and before the altar upon his bended knees , drinking it , gave away to god and to st. peter , the prince of the apostles , all his lands and revenues . which horn of his , saith camden , we have been told was kept or reserved down to our fathers memory . we may see the conveyance of estate , how easie it was in those days , and clear from the punctilio's of law , and withal how free from the captious malice of those petty-foggers who would intangle titles and find flaws in them , and from the swelling bundles and rolls of parchments now in use . but commend me to godwin earl of kent , who was , to use hegesander's word , too great a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , catcher at syllables , and as the comedian says , more shifting than a potters wheel : give me ( saith he to the arch-bishop of canterbury ) boseham . the arch-bishop admiring what it was he would be at in that question , saith , i give you boseham . he straight upon the confidence of this deceit , without any more ado entred upon an estate of the arch bishops of that name on the sea-coasts of sussex , as if it had been his own by inheritance : and with the testimony of his people about him , spoke of the arch-bishop before the king as the donor of it , and quietly enjoyed it . those things i spoke of before ( to wit , of sword , horn , &c. ) smell of that way of investing into fees which we meet with in obertus de orto ; but are very unlike to that solemn ceremony which is from ancient time even still used in conveying of an estate and delivering possession , wherein a green turf or the bough of a growing tree is required . . they did so much abhor the english tongue ( 't is the abbot of crowland saith it ) that the laws of the land , and the statutes of the english kings , were handled or pleaded in the french language . for till the thirty sixth year of edward the third , all businesses of law were pleaded in french. that also in schools the rudiments of grammatical institution , were delivered to boys in french and not in english. also that the english way and manner of writing was laid aside , and the french mode was made use of in all charters or instruments and books . indeed it was such a fault to be ignorant in the french , or not to be able to speak it ; that mainly upon this account , in the reign of william rufus , vlstan bishop of worcester was censured as unworthy of his place , and deprived of his dignity , who as to other things according to the simplicity of that age , was scholar enough . the abbot whom i quoted , speaks thus of the french character : the saxon hand was used by all the saxons and mercians in all their hand-writings , till the time of king alfred , who had by french tutors been very well trained up in all literature ; but from the time of the said king , it did by disuse come to be of little account ; and the french hand , because it being more legible and more delightful to sight , had the preheminence , grew more and more every day in vogue and use among all the english. nevertheless however this business went , we are told that in the memory of our fathers , and that by an ancient order , there were lectures of the english-saxon language , read at tavistock abby in devonshire . . that his new kingdom might not be disturbed by riots and disorders in the night , he ordered that at the ringing of a bell ( which they called the curfew-bell ) all the lights and fires should in every little cottage , a little after the dusk of the evening , be put out . . he that should take a deer , or aprum , a boar ( so says huntingdon , but perhaps 't is caprum , a buck ) or a roe , was to have his eyes thrust or plucked out , saith matthew paris . . if any one had slain any one ( 't is huntingdon writes this ) be it upon what cause or occasion soever , he was sentenced to a capital punishment , he was to die for it . . if one had forced any woman ( so i read aliquam any woman , not aliquem any man , as 't is in the common prints ) he was to have his privities cut off . forced her ? i , sure enough ; and perhaps he that lay with a woman with her consent , was notwithstanding that , served in the same kind too . and in this case i would have you hear what that great lawyer albericus gentilis , his opinion is . this i say , saith he , that a man hath a greater injury done him , if the woman were not ravished per force , but were debauched and made willing : because in this case her mind is estranged from her husband ; but in that other , not . chap. iv. sheriffs and j●ries were before this time . th● four terms . judges to act without appeal . justices of peace . the kings payments made at first in provisions . afterwards changed into mony , which the sheriff of each county was to pay in to the exchequer . the constable of dover and warden of the cinque ports why made . a disorder in church-affairs reformed . polydore virgil brings in at this time the first sheriffs of counties , and here places the beginning of juries , or determining of tryals by the judgment of twelve ; but is out in them both . this of juries is convinced by a law of ethelred in lambard's explications of law-terms , and by those irrefragable arguments which the famous sir edward coke brings against it . that other mistake of sheriffs is confuted by what we have formerly noted out of ingulph , and by what we shall hereafter somewhere have occasion to remark . mars being impleaded in the areopagus , the place of judgment at athens , for the murder of halirothius the son of neptune , whom he had slain for ravishing his daughter alcippa ; upon his tryal by twelve gods , was acquitted by six sentences or votes : for if the number were equal and no majority , the person was not condemned but discharged . my meaning why i put in this story , is to shew the most ancient use of this number of twelve in tryals elsewhere , as well as amongst us . an italian might well mistake in a concern of england ; yet take it not ill at my hands , that i have given you this upon his credit . . he appointed that four times every year , there should be kept conventions or meetings for several days , in such place as he himself should give order : in which meetings the judges sitting apart by themselves , should keep court and do justice . these are our four terms . . he appointed other judges , who without appeal should exercise jurisdiction and judgment ; from whom as from the bosom of the prince , all that were ingaged in quarrels , addressing thither , might have right done them , and refer their controversies to them . . he appointed other rulers or magistrates , who might take care to see misdemeanors punished ; these he called justices of peace . now one may well imagine , that this name of office is most certainly of a later date , and a foreign writer is to be excused by those rights which are afforded to guests and strangers ( since acting a busiris his part against them , would be downright barbarous ) i say he is to be excused so far , as not to have his mistakes in the history of the english nation , too heavily charged upon him . . in the primitive state of the kingdom after the conquest ( gervase of tilbury in his dialogue of the exchequer , saith , this is a thing handled down from our forefathers ) the kings had payments made them out of their lands , not in sums of gold or silver , but only in victuals or provisions : out of which the kings house was supplied with necessaries for daily use ; and they who were deputed to this service ( the purveyors ) knew what quantity arose from each several land . but yet as to soldiers pay or donatives , and for other necessaries concerning the pleas of the kingdom , or conventions , as also from cities and castles where they did not exercise husbandry or tillage ; in such instances , payments were made in ready mony . wherefore this institution lasted all the time of william the first , to the time of king henry his son , so that i my self ( gervase flourished in the reign of henry the second ) have seen some people , who did at set times carry from the kings lands , victuals or provisions of food to court. and the officers also of the kings house knew very well , having it upon account , which counties were to send in wheat , which to send in several sorts of flesh , and provender for the horses . these things being paid according to the appointed manner and proportion of every thing , the kings officers reckoned to the sheriffs by reducing it into a sum of pence ; to wit , for a measure of wheat to make bread for a hundred men , one shilling ; for the body of a pasture-fed beef , one shilling ; for a ram or a sheep four pence ; for the allowance of twenty horses likewise four pence : but in process of time , when as the said king was busie in remote parts beyond sea to appease tumults and insurrections ; it so happened , that ready mony was highly necessary for him to supply his occasions . in the mean time , there came in multitudes , a great company of husbandmen with complaints to the kings court , or which troubled him more , they frequently came in his way as he was passing by , holding up their ploughshares , in token that their husbandry was running to decay ; for they were put to a world of trouble , upon occasion of the provisions which they carried from their own quarters through several parts of the kingdom . thereupon the king being moved with their complaints , did by the resolved advice of his lords , appoint throughout the kingdom such persons , as he knew were , for their prudence and discretion , fit for the service . these persons going about , and that they might believe their own eyes , taking a view of the several lands , having made an estimate of the provisions which were paid out of them , they reduced it into a sum of pence . but for the total sum , which arose out of all the lands in one county , they ordered , that the sheriff of that county should be bound to the exchequer : adding this withal , that he should pay it at the scale . now the manner of paying , the tryal of the weight and of the metal by chymical operation , the melter or coyner , and the surveyor of the mint , are more largely handled and explained by my self in some other work of mine . . that he might the more firmly retain kent to himself , that being accounted as it were the key of england ; ( 't is the famous mr. camden tells the story ) he set a constable over dover-castle , and made the same person warden of the cinque ports , according to the old usage of the romans . those are hastings , dover , hith , rumney , and sandwich ; to which are joyned winchelsey and rye as principals , and other little towns as members . . to put the last hand to william , i add out of the archives , this law , not to be accounted among the last or least of his . william , by the grace of god , king of the english , to all counts or earls , viscounts or sheriffs , and to all french born , and english men , who have lands in the bishoprick of remigius , greeting . this remigius was the first who translated the episcopal see from dorchester to lincoln . be it known unto you all , and the rest of my liege subjects , who abide in england ; that i , by the common advice of my arch-bishops , and the rest of the bishops and abbots , and all the princes of my kingdom , have thought fit to order the amendment of the episcopal laws , which have been down to my time , in the kingdom of the angles , not well , nor according to the precepts of the holy canons , ordained or administred : wherefore i do command , and by my royal authority strictly charge ; that no bishop or arch-deacon , do henceforth hold pleas in the hundred concerning episcopal laws ; nor bring any cause which belongs to the government of souls ( i.e. to spiritual affairs ) to the judgment of secular men ; but that whosoever , according to the episcopal laws , shall for what cause or fault soever be summoned , shall come to a place which the bishop shall chuse and name for this purpose ; and there make answer concerning his cause , and do right to god and his bishop , not according to the hundred , but according to the canons and episcopal laws . for in the time of the saxon empire , there were wont to be present at those country meetings ( the hundred courts ) an alderman and a bishop , the one for spirituals , the other for temporals , as appears by king edgar's laws . chap. v. william rufus succeeds . annats now paid to the king. why claimed by the pope . no one to go out of the land without leave . hunting of deer made felony . after the death of william , his second son william sirnamed rvfvs succeeded in his room . all justice of laws ( as florentius of worcester tells us ) was now husht in silence , and causes being put under a vacation without hearing , money alone bore sway among the great ones , ipsaque majestas auro corrupta jacebat . that is ; and majesty it self being brib'd with gold , lay , as a prostitute , expos'd to th' bold . . the right or duty of first-fruits , or , as they are commonly called , the annats , which our kings claimed from vacant abbies and bishopricks , polydor virgil will have to have had its first original from rufus . now the popes of rome laid claim to them anciently ; a sort of tribute , which upon what right it was grounded , the council of basil will inform us , and by what opinion and resolution of divines and lawyers confirmed , francis duarenus in his sacred offices of the church will instruct us . 't is certain , that chronologers make mention , that at his death the bishopricks of canterbury , winchester and salisbury , and twelve monasteries beside , being without prelates and abbots , paid in their revenues to the exchequer . . he forbad by publick edict or proclamation ( sayes the same author ) that any one should go out of england without his leave and passport . we read , that he forbad anselm the arch-bishop , that he should not go to wait upon pope vrban ; but that he comprehended all subjects whatsoever in this his royal order , i confess i have not met with any where in my reading , but in polydor. . he did so severely forbid hunting of deer ( saith william of malmesbury ) that it was felony , and a hanging matter to have taken a stag or buck. chap. vi. henry the first why called beauclerk . his letters of repeal . an order for the relief of lands . what a hereot was . of the marriage of the kings homagers daughter , &c. of an orphans marriage . of the widows dowry . of other homagers the like . coynage-money remitted . of the disposal of estates . the goods of those that dye intestate , now and long since , in the churches jurisdiction ; as also the business of wills. of forfeitures . of misdemeanors . of forests . of the fee de hauberk . king edward's law restored . william , who had by direful fates been shewn to the world , was followed by his brother henry , who for his singular learning , which was to him instead of a royal name , was called beau-clerk . he took care of the common-wealth , by amending and making good what had slipt far aside from the bounds of justice , and by softning with wholsome remedies those new unheard of , and most grievous injuries , which ralph afterwards bishop of durham ( being lord chief justice of the whole kingdom ) plagued the people with . he sends letters of repeal to the high sheriffs , to the intent , that the citizens and people might enjoy their liberty and free rights again . see here a copy of them , as they are set down in matthew paris . henry by the grace of god king of england , to hugh of bockland , high sheriff , and to all his liege people , as well french as english in herefordshire , greeting . know ye , that i through the mercy of god , and by the common advice of the barons of the kingdom of england have been crowned king. and because the kingdom was opprest with unjust exactions , i out of regard to god , and that love which i bear towards you all , do make the holy church of god free , so that i will neither sell it , nor will i put it to farm , nor upon the death of arch-bishop , or bishop , or abbot , will i take any thing of the domain of the church , or of the men thereof , till a successor enter upon it . and all evil customs , wherewith the kingdom of england was unjustly oppressed , i do henceforward take away ; which evil usages i do here in part set down . . if any one of my barons , counts or others that hold of me , shall dye , his heir shall not redeem his land , as he was wont to do in the time of my father , but relieve it with a lawful and due relief . in like manner also shall the homagers or tenants of my barons relieve their lands from their lords with a lawful and just relief . it appears , that in the times of the saxons a hereot was paid to the lord at a tenants death , upon the account of provision for war ( for here in saxon signifies an army : ) and that which in our memory now in french is called a relief ( henry of bracton sayes , 't is an engagement to recognize the lord ) doth bear a resemblance of the ancient hereot . thereupon it is a guess , saith william lambard , that the normans being conquerors , did remit the hereot to the angles whom they had conquered and stripped of all kind of armour , and that for it they exacted money of the poor wretches . to this agrees that which is mentioned in the state of england concerning the nobles of berkshire . a tain or knight of the kings holding of him , did at his death for a relief part with all his arms to the king , and one horse with a saddle and another without a saddle . and if he had hounds or hawks , they were presented to the king , that if he pleased he might take them . and in an ancient sanction of conrade the first , emperour of germany , if a souldier that is tenant or lessee happen to dye , let his heir have the fee , so that he observe the use of the greater vavasors , in giving his horses and arms to the seniors or lords . john mariana takes notice , that the word seniors in the vular languages , spanish , italian and french , signifies lords , and that to have been in use from the time of charlemain's reign . but these things you may have in more plenty from the feudists , those who write concerning tenures . . if any of my barons or other men ( homagers or tenants ) of mine ( i return to king henry's charter ) shall have a mind to give his daughter , or sister , or niece , or kinswoman in marriage , let him speak with me about it . but neither will i take any thing of his for this leave and licence , nor will i hinder him from betrothing her , except he shall have a design of giving her to an enemy of mine . . if upon the death of a baron , or any other homager of mine , there be left a daughter that is an heiress , i will bestow her with the advice of my barons together with her land. . if upon the death of the husband , his wife be left without children , she shall have her dowry and right of marriage , as long as she shall keep her body according to law ; and i will not bestow her , but according to her own liking . and if there be children , either the wife , or some one else near of kin shall be their guardian and trustee of their land , who ought to be just . . i give order , that my homagers do in like manner regulate themselves towards the sons and daughters and wives of their homagers . . the common duty of money or coinage , which was taken through all cities and counties , which was not in the time of king edward , i do utterly forbid that henceforward this be no more done . . if any one of my barons or homagers shall be sick and weak , according as he himself shall give or order any one to give his money , i grant it so to be given ; but if he himself being prevented either by arms or by sickness , hath neither given his money , nor disposed of it to give , then let his wife , or children , or parents , and his lawful homagers for his souls health divide it , as to them shall seem best . and in canutus his laws , let the lord or owner at his own discretion make a just distribution of what he hath to his wife and children and the next of kin . but at this time , and long since , church men have been as it were the distributors and awarders of the goods of such persons as dye intestate , or without making their wills , and every bishop as ordinary in his own diocess , is the chief judge in these cases . john stratford arch-bishop of canterbury saith it , and it is averred in the records of our law , that this jurisdiction also concerning wills , was of old long time ago in an ancient constitution , intrusted to the church by the consent of the king and peers . however , in what kings time this was done , neither does he relate , nor do i any where find , as william lindwood in his provincial acknowledgeth . it is a thing very well known , that after tryal of right , wills were wont to be opened in the ecclesiastical court even in the reign of henry the second ( ralph glanvill is my witness ) contrary to what order was taken in the imperial decrees of the romans . and peradventure it will appear so to have been before glanvill , as he will tell you , if you go to him ▪ although you have , quoted by my self some where , a royal rescript or order to a high sheriff , that he do justly and without delay cause to stand ( i. e. appoint and confirm ) a reasonable share to such an one ; that is , that the legatee may obtain and enjoy his right , what was bequested to him by the sheriffs help . i come back now to my track again . . if any one of my barons or homagers shall make a forfeit , he shall not give a pawn in the scarcity of his money , as he did in the time of my brother or my father , but according to the quality of his forfeiture : nor shall he make amends , as he would have done heretofore in my brothers or fathers time . . if he shall be convicted of perfidiousness or of foul misdemeanors , as his fault shall be , so let him make amends . . the forests by the common advice of my barons , i have kept in mine own hand , in the same manner as my father had them . . to those souldiers or knights who hold and maintain their lands by coats of male ( that is , per fee de hauberke , that they may be ready to attend their lords with habergeons or coats of male compleatly armed cap a pee ) i grant the plough-lands of their domains acquitted from all gelds , and from every proper gift of mine , that , as they are eased from so great a charge and grievance , so they may furnish themselves well with horse and arms , that they may be fit and ready for my service , and for the defence of my realm . . i restore unto you the law of king edward , with other amendments , wherewith my father amended it . those amendments are put forth by lombard . hitherto out of those royal and general letters , directed to all the subjects . chap. vii . his order for restraint of his courtiers . what the punishment of theft . coyners to lose their hands and privy-members . guelding a kind of death . what half-pence and farthings to pass . the right measure of the eln. the kings price set for provisions . . he did by his edict or proclamation , restrain the rapines , thefts , and rogueries of the courtiers ; ordering , that those who were caught in such pranks , should have their eyes with their stones pulled out . this malmesbury supplies us with . but florentius of worcester and roger hoveden give the account , that he punished thieves with death and hanging , otherwise than that pleasant and curious man thomas moor in his vtopia would have his people to be dealt with . yet i am inclined rather to believe malmesbury ; not only upon the authority of the man , in comparison of whose rose-beds ( if you well weigh the learning of that age ) the other pack of writers are but sorry low shrubs ; but also upon the account of a nameless monk ▪ who in his book of the miracles of s. thomas of canterbury , tells us a story of one eilward , a poor mean fellow of kingsweston in berkshire , who being in the reign of king henry the second condemned of theft ( he had it seems stoln a pair of countrey gloves and a whetstone ) was punished by losing his eyes and privities ; who coming with devotion to s. thomas his tomb , got an intire restitution of his disappearing members and faculties , and was as good a man as ever he was . perchance in this he is no witness of infallible credit . let the story of iphis and ianthis , and that of ceneus try masteries with this for the whetstone ; to our purpose the writer is trusty enough . but in the first times of the normans , i perceive , that the halter was the ill consequence of theft . let it be lawful for the abbot of that church , if he chance to come in in the god speed , to acquit an high-way-man or thief from the gallows . they are the words of the patent with which william the conquerour , to expiate the slaughter of harald , consecrated a monastery to s. martin near hastings on the sea-coast of sussex , and priviledged it with choice and singular rights . . against cheats , whom they commonly call coyners ( 't is malmesbury speaks again ) he shewed his particular diligence , permitting no cheating fellow to escape scot-free , without losing his fist or hand , who had been understood to have put tricks upon silly people with the traffick of their falshood . for all that , he who hath tackt a supplement to florentius of worcester , and william gemeticensis give out , that the counterfeiters and imbasers of coin had , over and above those parts cut off , which galen accounts to be the principal instruments for propagating of the kind . to whom hoveden agrees , who writes in the life of henry the first , that coyners by the kings order being taken , had their right h●nds and their privy-members cut off . upon this account sure , that he that was guilty of such a wicked crime , should have no hope left him of posterity , nor the common-wealth be in any further fear of those who draw villainous principles from the loins of those that beget them . now at this very time and in former ages too , this piece of treason was punished with halter and gallows ; and that also of theft not only in england , but almost in all countreys , especially robbery upon the high-way , which is committed by those who lay wait to surprize passengers as they travel along upon one or other side of them ; whence not only in the latin , but in the holy language also , a high-way-man hath his name . and truly among the ancients guelding was lookt upon as a kind of death . the apostles canons give him the character and censure of a manslayer , who cuts off his own privities ( who lives all his life a batchelor , say the talmudists ) and he who cuts off another mans , is in danger of the cornelian law concerning murderers and cut-throats ; and so was it heretofore among the english. . he ordered ( they are hoveden's words ) that no half-penny , which also he commanded should be made round , or farthing also , if it were intire , should be refused . . he corrected the merchants false eln ( so sayes the monk of malmesbury ) applying the measure of his arm , and proposing that to all people over england . . he gave order to the courtiers , in whatsoever cities or villages he were , how much they were to take of the countrey people gratis , and at what price to buy things ; punishing offendors herein either with a great fine of money , or with loss of life . chap. viii . the regality claimed by the pope , but within a while resumed by the king. the coverfeu dispensed with . a subsidy for marrying the kings daughter . the courtesie of england . concerning shipwrack . a tax levied to raise and carry on a war. . anselm arch-bishop of canterbury labours earnestly with the pope and his party , and at length obtains it with much ado , that from that time forward ( you have it in florilegus after other writers ) never any one should be invested with a pastoral staff or a ring into a bishoprick or abbacy by the king , or any lay-person whatsoever in england , ( added out of malmesbury ) retaining however the priviledge of election and regality . there was a sharp bickering about this business betwixt the king and anselm ; and so between the popes paschalis and calixtus and henry about that time emperour . both of them at least pretendedly quit their right ; our king humouring the scene according to the present occasion . for after anselm's death , he did invest rodulphus that came in his room by a ring and a pastoral staff. . he restored the night-torches or lights which william the first had forbidden ; forasmuch as he now had less reason to apprehend any danger from them , the kingdom being in a better and firmer posture . . to make up a portion for mawd the kings daughter , married to henry the emperour , every hide of land paid a tribute of three shillings . here polydore makes his descant . afterward , sayes he , the rest of the kings followed that course of raising portions for the bestowal of their daughters ; so tenacious hath posterity alway been of their own advantages . it is scarce to be doubted , that the right of raising money for the marrying of the lords daughters by way of aid or subsidy upon the tenants or dependants , is of a more ancient original . neither would i fetch it from the mutual engagement of romulus his patrons and clients , or landlords and tenants , or from suetonius his caligula : rather from the old customs of the normans , more ancient than king henry : where that threefold tribute is explained by the name of aid , which the patent granted by king john in favour of publick liberty mentions in these words : i will impose no escuage or aid in our realm , but by the common advice of our realm ; unless it be to ransom our body , and to make our first-born son a soldier or knight , and to marry our eldest daughter once . . some ascribe that law to henry , which lawyers call the courtesie of england ; whereby a man having had a child by his wife , when she dyes , enjoyes her estate for his life . . he made a law , that poor shipwrackt persons should have their goods restored to them , if there were any living creature on ship-board , that escaped drowning . forasmuch as before that time , whatsoever through the misfortune of shipwrack was cast on shoar , was adjudged to the exchequer ; except that the persons who suffered shipwrack and had escaped alive , did themselves within such a time refit and repair the vessel . so the chronicle of the monastery of s. martin de bello . this right is called wreck , or if you will , uareck , of the sea. how agreeable to the law of nations , i trouble not my self to enquire . that more ancient custom , is as it were suitable to the norman usage . now at this time our lawyers ( and that the more modern law of edward the first ) pass judgement according to the more correct copy of king henry . and they reckon it too among the most ancient customs of the kingdom . did therefore king richard order , or did hoveden relate this to no purpose , or without any need ? if one who suffers shipwrack dye in the ship , let his sons or daughters , his brethren or sisters have what he left , according as they can shew and make out that they are his next heirs . or if the deceased have neither sons nor daughters , nor brothers nor sisters , the king is to have his chattels . can one imagine , that this law he made at messina , when he was engaged in war , was calculated only for that time or place ? certainly in the archives there is elsewhere to be met with as much as this . . that he might with a stout army bear the brunt of baldwin earl of flanders and louis king of france , who had conspired , being bound by mutual oaths to one another with the duke of anjou , to take away from king henry by force of arms the dutchy of normandy , he first of all ( t is polydore avers it ) laid a heavy tax upon the people , to carry on the new war ; which thing with the kings that followed after , grew to be a custom . he was the last of the normans of a male descent , and as to the method of our undertaking , here we treat of him last . chap. ix . in king stephen's reign all was to pieces . abundance of castles built . of the priviledge of coining . appeals to the court of rome now set on foot . the roman laws brought in , but disowned . an instance in the wonder-working parliament . as of old , unless the shields were laid up , there was no dancing at weddings ; so except arms be put aside , there is no pleading of laws . that antipathy betwixt arms and laws , england was all over sensible of , if ever at any time , in the reign of k. stephen , count of blois , king henry's nephew by his sister adela . for he did not only break the law and his oath too to get a kingdom , but also being saluted king , by those who perfidiously opposed mawd the right and true heir of king henry , he reigned with an improved wickedness . for he did so strangely and odly chop and change every thing ( it is malmsbury speaks it ) as if he had sworn only for this intent , that he might shew himself to the whole kingdom , a dodger and shammer of his oath . but , as he saith , — perjuros merito perjuria fallunt ? that is , such men as perjuries do make their trade , by their own perjuries most justly are betray'd . they are things of custom to which he swore , and such as whereby former priviledges are ratifed , rather than new ones granted . however , some things there are , that may be worth the transcribing . . castles were frequently raised ( 'tis nubrigensis relates it ) in the several counties by the bandying of parties ; and there were in england in a manner as many kings , or rather as many tyrants , as lords of castles , having severally the stamping of their own coin , and a power of giving law to the subjects after a royal manner . then was the kingdom plainly torn to pieces , and the right of majesty shattered , which gains to it self not the least lustre from stamping of money . though i know very well , that before the normans , in the city of rochester , canterbury , and in other corporations and towns , abbots and bishops had by right of priviledge their stampers and coiners of money . . next to the king , theobald arch bishop of canterbury presided over the council of london ( where there were also present the peers of the realm ) which buzzed with new appeals . for in england ( t is henry of huntington sayes it ) appeals were not in use , till henry bishop of winchester , when he was legate , cruelly intruded them to his own mischief . wherefore what cardinal bellarmin has writ , beginning at the synod of sardis , concerning the no body knows how old time of the universal right of appealing to the pope of rome , does not at all , as to matter of fact , seem to touch upon this kingdom of ours by many and many a fair mile . . in the time of king stephen ( so 't is in the polycraticon of john of salisbury ) the roman laws were banisht the realm , which the ho●se of the right reverend theobald lord primate of britanny had fetcht or sent for over into britanny . besides , it was forbidden by royal proclamation , that no one should retain or keep by him the books . if you understand the laws of the empire ( i rather take them to be the decrees of the popes ) it will not be much amiss , out of the parliament records to adjoyn these things of later date . in the parliament holden by richard of bourdeaux , which is said to have wrought wonders , upon the impeachment of alexander nevil arch-bishop of canterbury , robert uere duke of ireland , michael pole earl of suffolk , thomas duke of glocester , richard earl of arundel , thomas beauchamp earl of warwick , and others , that they being intrusted with the management of the kingdom , by soothing up the easie and youthful temper of the king , did assist one another for their own private interest , more than the publick , well near to the ruine and overthrow of the government it self ; the common lawyers and civilians are consulted with , about the form of drawing up the charge ; which they answer all as one man , was not agreeable to the rule of the laws . but the barons of parliament reply , that they would be tyed up to no rules , nor be led by the punctilioes of the roman law , but would by their own authority pass judgement ; pur ce que la royalme d' angleterre n' estoit devant ces heures , n'y à l' entent de nostre dit seigneur le roy & seigneurs de parlament unque ne serra rules ne gouvernes per la loy civil : that is , inasmuch as the realm of england was not before this time , nor in the intention of our said lord the king and the lords of parliament ever shall be ruled or governed by the civil law. and hereupon the persons impleaded are sentenced to be banished . but here is an end of stephen : he fairly dyed . chap. x. in king henry the seconds time , the castles demolished . a parliament held at clarendon . of the advowson and presentation of churches . estates not to be given to monasteries without the kings leave . clergymen to answer in the kings court. a clergyman convict , out of the churches protection . none to go out of the realm , without the kings leave . this repealed by king john. excommunicate persons to find surety . laymen how to be impleaded in the ecclesiastical court. a lay-jury to swear there , in what case . no homager or officer of the kings to be excommunicated , till he or his justice be acquainted . at length , though late first , henry the son of jeoffry plantagenet , count of anger 's by the empress mawd , came to his grandfatherrs inheritance . having demolished and levelled to the ground , the castles which had , in king stephen's time , been built , to the number of eleven hundred and fifteen ; and having retrieved the right of majesty into its due bounds , he confirmed the laws of his grandfather . moreover , at clarendon in wiltshire , near salisbury , john of oxford being president , by the kings own mandate , there being also present the arch-bishops , bishops , abbots , priors , earls , barons , and peers of the realm , other laws are recognized and passed ; whilst at first those who were for the king on one side , those who were for the pope on the other , with might and main stickle to have it go their way ; these latter pleading , that the secular court of justice did not at all suit with them , upon pretence that they had a priviledge of immunity . but this would not serve their turn ; for such kind of constitutions as we are now setting down , had the vogue . . if any controversie concerning the advowson and presentation of churches , arise betwixt laymen , or betwixt laymen and clergymen , or betwixt clergymen among themselves ; let it be handled and determined in the court of the lord our king. . the churches which are in the kings fee , cannot be given to perpetuity without his assent and concession . even in the saxons times it seems it was not lawful , without the kings favour first obtained , to give away estates to monasteries ; for so the old book of abington says . a servant of king ethelred's called vlfric spot , built the abby of burton in staffordshire , and gave to it all his paternal estate , appraised at seven hundred pounds ; and that this donation might be good in law , he gave king ethelred three hundred marks of gold for his confirmation of it , and to every bishop five marks , and over and above to alfric arch-bishop of canterbury , the village of dumbleton . . clergymen being arighted and accused of any matter whatsoever , having been summoned by the kings justice , let them come into his court , there to make answer to that , of which it shall be thought fit that there answer ought to be made : so that the kings justice send into the court of holy church , to see after what manner the business there shall be handled . . if a clergyman shall be convicted , or shall confess the fact ; the church ought not from thenceforth to give him protection . . it is not lawful for arch-bishops , bishops , and persons of the kingdom , to go out of the realm without leave of our lord the king : and if they do go out , if the king please , they shall give him security , that neither in going , nor in returning , or in making stay , they seek or devise any mischief or damage against our lord the king. whether you refer that writ , we meet with in the register or record , ne exeas regnvm , for subjects not to depart the kingdom to this time or instance , or with polydore virgil to william rufus , or to later times , is no very great matter : nor will it be worth our while , curiously to handle that question : for who , in things of such uncertainty , is able to fetch out the truth ? nor will i abuse my leasure , or spend time about things unapproachable . an sit & hic dubito , sed & hic tamen auguror esse . says the poet in another case : and so say i. whether it be here or no , is a question , i confess : and yet for all that , i trow , here it is too , as i guess . out of king john's great charter , as they call it , you may also compare or make up this repeal of that law in part . let it be lawful henceforward for any one to go out of our realm , and to return safely and securely by land and by water , upon our royal word ; unless in time of war , for some short time , for the common advantage of the kingdom ; excepting those that are imprisoned and out-lawed according to the law of the kingdom , and any people or nation , that are in actual war against us : and merchants , concerning whom let such order be taken , as is afore directed . i return to king henry . . excommunicate persons ought not to give suretiship for the remainder , nor to take an oath ; but only to find surety and pledge , to stand to the judgment of the church , that they may be absolved . . persons of the laity ought not to be accused or impleaded but by certain and legal accusers and witnesses , in the presence of the arch-bishop or bishop ; so that the arch deacon may not lose his right , nor any thing which he ought to have therefrom . . if they be such persons who are in fault , as no one will or dare to accuse ; let the sheriff being thereunto required by him , cause twelve legal men of the voisinage or of the village , to swear before the bishop , that they will manifest or make known the truth of the matter according to their conscience . . let no one who holds of the king in capite , nor any one of the kings officers or servants of his domain , be excommunicated ; nor the lands of any of them be put under an interdict or prohibition ; unless first our lord the king , if he be in the land , be spoke with ; or his justice , if he be out of the land , that they may do right by him : and so that what shall appertain to the kings court , may be determined there ; and as to what shall belong to the ecclesiastical court , it may be sent thither and there treated of . chap. xi . other laws of church affairs . concerning appeals . a suit betwixt a clergyman and a layman , where to be tryed : in what case one , who relates to the king , may be put under an interdict . the difference betwixt that and excommunication . bishops to be present at tryals of criminals , until sentence of death , &c. pass . profits of vacant bishopricks , &c. belong to the king. the next bishop to be chosen in the kings chappel , and to do homage before consecration . deforcements to the bishop , to be righted by the king. and on the contrary , chattels forfeit to the king , not to be detained by the church . pleas of debts whatsoever in the kings court. yeomens sons not to go into orders without the lords leave . . concerning appeals , if at any time there shall be occasion for them , they are to proceed from the arch-deacon to the bishop , and from the bishop to the arch-bishop ; and if the arch-bishop shall be wanting in doing of justice , they must come in the last place to our lord the king ; that by his precept or order , the controversie may be determined in the arch-bishops court , so as that it ought not to proceed any further without the kings assent . this law , long since , the famous sir edward coke made use of , to assert and maintain the kings ecclesiastical jurisdiction , as a thing not of late taken up by him , but anciently to him belonging . . if a claim or suit shall arise betwixt a clergyman and a lay-man , or betwixt a layman and a clergyman , concerning any tenement which the clergyman would draw to the church , and the lay-man to a lay-fee ; it shall by the recognizance of twelve legal men , upon the consideration and advisement of the lord chief justice , be determined , whether the tenement do appertain to alms ( i. e. to the church ) or to lay-estate , before the kings own justice . and if it shall be recognized or adjudged to appertain to alms ; it shall be a plea in the ecclesiastical court : but if to a lay-fee , unless they both avow or avouch the tenement from the same bishop or baron , it shall be a plea in the kings court. but if each of them shall for that fee avouch the same bishop or baron , it shall be a plea in that bishops or barons court ; so that he who was formerly seised , shall not , by reason of the recognizance made , lose the seisin , till it shall by plea be deraigned . . he who shall be of a city , or a castle , or a burrough , or a manner of the kings domain , if he shall be cited by an arch-deacon or a bishop , upon any misdemeanour , upon which he ought to make answer to him , and refuse to satisfie upon their summons or citations ; they may well and lawfully put him under an interdict or prohibition ; but he ought not to be excommunicated . ( by the way ) seasonably remark out of the pontificial law , that that excommunication , they call the greater , removes a man and turns him out from the very communion and fellowship of the faithful ; and that an interdict , as the lesser excommunication , separates a man , and lays him aside only , forbidding him to be present at divine offices , and the use of the sacraments . ) i say he ought not to be excommunicated , before that the kings chief justice of that village or city be spoken with , that he may order him to come to satisfaction : and if the kings justice fail therein , he shall be at the kings mercy , and thereupon or after that the bishop may punish him upon his impleadment , with the justice of the church . . arch-bishops , b●shops , and all persons whatsoever of the kingdom , who hold of the king in capite , and have their possessions from our lord the king in nature of a barony , and thereupon make answer to the kings justices and officers , and perform all rights and customs due to the king as other barons do ; they ought to be present at the tryals of the court of our lord the king with his barons , until the losing of limbs or death , be adjudged to the party tried . . when an arch-bishoprick or bishoprick , or abbacy , or priory of the kings domain shall be void ; it ought to be in his hand , and thereof shall he receive all the profits and issues as belonging to his domain : and when the church is to be provided for , our lord the king is to order some choice persons of the church , and the election is to be made in the kings own chappel , by the assent of our lord the king , and by the advice of those persons of the kingdom , whom he shall call for that purpose ; and there shall the person elect ( saving his order ) before he be consecrated , do homage and fealty to our lord the king , as to his liege lord , for his life and limbs , and for his earthly honour . . if any one of the nobles or peers do deforce to do justice to an arch-bishop , bishop , or arch-deacon , for themselves or those that belong to them ; the king in this case is to do justice . . if peradventure any one shall deforce to the lord the king his right ; the arch-bishop , bishop , and arch-deacon , ought then in that case to do justice ( or to take a course with him ) that he may give the king satisfaction . . the chattels of those who are in the kings forfeit , let not the church or church-yard detain or keep back against the justice of the king ; because they are the kings own , whether they shall be found in churches or without . . pleas of debts which are owing , either with security given , or without giving security , let them be in the kings court. . the sons of yeomen or country people , ought not to be ordained or go into holy orders , without the assent of the lord , of whose land they are known to have been born . chap. xii . the statutes of clarendon mis-reported in matthew paris , amended in quadrilegus . these laws occasioned a quarrel between the king and thomas a becket . witness robert of glocester , whom he calls yumen . the same as rusticks , i. e. villains . why a bishop of dublin called scorch-uillein . villanage before the normans time . i confess there is a great difference between these laws and the statutes of clarendon , put forth in the larger history of matthew paris , i mean those mangled ones ; and in some places , what through great gaps of sence , disjointings of sentences , and misplacings of words , much depraved ones , whose misfortune i ascribe to the carelesness of transcribers . but the latter end of a manuscript book commonly called quadrilegus , ( wherein the life of thomas , arch-bishop of canterbury , is out of four writers , to wit , hubert of boseham , john of salisbury , william of canterbury , and alan , abbot of tewksbury , digested into one volume ) hath holp us to them amended as you may see here , and set to rights . it is none of our business to touch upon those quarrels , which arose upon the account of these laws betwixt the king and thomas of canterbury : our historians do sufficiently declare them . in the mean time , may our poet of glocester have leave to return upon the stage , and may his verses written in ancient dialect , comprising the matter which we have in hand , be favourably entertained . no man ne might thenche the love that there was bitwene the k. h. and the good man s. thomas ; the diuel had enui therto , and fed bitwen them feu , alas , alas thulke stond , vor all to well it greu . uor there had ere ibe kings of luther dede as w. bastard , and his son w. the rede . that luther laws made inou , and held in al the lond the k. nold not beleue the lawes that he fond , ne that his elderne hulde , ne the godeman s. thomas thought that thing age right neuer law nas . ne sothnes and custom mid strength up ihold , and he wist that vre dere lourd in the gospel told that he himselfe was sothnes , and custum nought , theruore luther custumes he nould graent nought . ne the k. nould bileue that is elderne ad ihold , so that conteke sprung bituene them manifold . the k. drou to right law mani luther custume , s. thomas they withsed , and granted some . the lawes that icholle now tell he granted vawe . zuf a yuman hath a sone to clergi idraw he ne sall without is lourdes icrouned nought be uor yuman ne mai nought be made agen is lourds will free . those that are born slaves , or that other sort of servants termed villains , he calls by the name of yumen . we call free-born commoners , alike as servants , as it were with a badg of ignobleness or ungentility , yeomen ; and those who of that number are married men , gommen ; for it was gomman in the old dutch , not goodman , as we vulgarly pronounce it , which signified a married man. words , as i am verily perswaded , made from the latin , homines ; which very word , by ennius and festus , according to the oscan idiom , is written hemones , and in our language , which comes pretty near that spelling of the poet , yeomen . and the etymon or origination of the word it self , is very much confirmed by the opinion of some of our own country lawyers , who take ( but with a mistake ) homines , i. e. men that do homage , and nativos , i. e. born slaves , in ancient pleas to be terms equipollent , and of the same importance . the constitution of clarendon style those rusticks or countrymen , whom he calls yumen ; and rusticks and villains ( those among the english were slaves or servants ) were anciently synonymous words , meaning the same thing . for whereas henry londres , arch bishop of dublin , had treacherously committed to the flames , the charters of his rustick tenants , the free tenants called him , as we read in the annals of ireland , scorch-uillein ; as if one would say , the burner or firer of villains . nor should i think it unseasonable in this place , to take notice of a mistake or oversight of thomas spott , a monk of canterbury ; who writes , that the english , before the norman conquest , knew nothing of private servitude or bondage ; i. e. had no such thing as villanage among them : for he is convinced both by the maid of andover , king edgar's miss , as also by the laws signed and sealed by king ina , and by that donation or grant torald of buk●nhale made to walgate , abbot of crowland ; wherein among other things a great many servants are mentioned , with their whole suits and services . take it also out of the synod of london , anselme being president of it ( since here belike there is mention made of servants ) that no one henceforward presume to use that ungodly practice , which hitherto they were wont in england to do , to sell , or put to sale , men , ( that is , servants ) like brute beasts . but we do not do civilly to interrupt the poet : we must begin again with him ; he once more tunes his pipes . another thing he granted eke as ye mow novise ; yuf a man of holi chirch hath eni lay fee , parson , other what he be , he ssal do therevore kings service that there valth , that is right ne be vorlore , in plaiding and in assise be and in judgement also . bote war man ssal be bilemed , other to deth ido . he granted eke yuf eni man the kings traitor were , and eni man is chateux to holi chirch bere that holi chirch ne solde nought the chateux there let that the k. there other is as is owne is ne wette . uor all that the felon hath the kings it is and eche man mai in holi church is owne take iwis . he granted eke that a chirche of the kings fe in none stede ene and ever ne ssold igiue be as to hous of religion , without the kings leve , and that he other the patron the gift first gave . s. thomas granted well these and other mo and these other he withsede that did him well woe . i. yuf bituene twei leud men were eni striving , other bituene a leud and a clerc , for holi chirch thing as vor vouson of chirch whether shold the chirch giue , the k. wold that in his court the ple ssold be driue ; uor as much as a leud man that the o parti was chanliche was under the k. & under no bishop nas . chap. xiii . the poet gives account which of those laws were granted by thomas a becket , which withstood . lendemen signifies laymen , and more generally all illiterate persons . that which this author of ours calls leudemen , the interpreters of law , both our common and the canon law call laicks , or laymen . for as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. people , as it it is derived by caesar germanicus , upon aratus his phaenomena after pindar , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. from a stone , denotes a hard and promiscuous kind of men ; so the word leudes imports the illiterate herd , the multitude or rabble , and all those who are not taken into holy orders . justus lipsius in his poliorceticks , discourses this at large ; where he searches out the origination of leodium or liege , the chief city of the eburones in the netherlands . as to what concerns our language , john gower and jeoffry chaucer , who were the reformers and improvers of the same in verse , do both make it good . thus jeoffry . no wonder is a leude man to rust if a priest be foule on whom we trust . however , that it signifies an illiterate or unlearned person , as well as one not yet in orders ; what he saith elsewhere , informs us . this every leud uicar and parson can say . and peter of blois , and others , use this expression ; as well laymen as scholars . but let not chaucer take it ill , that here he must give way to our glocester muse. ii. another was that no cl●re , ne bishop nath mo , ne ssolde without kings loue out of the lond go . and that hii ssolde suere up the boke ywis . that hii ne sold purchas no uvel the k. ne none of is . iii. the thrid was yuf eni man in mausing were i brought , and suth come to amendment , ne age were nought that he ne suore ●p the boc , ac borowes find solde to stand to that holy chirch there of him toky wold . iv. the verth was that no man that of the k. huld ought in cheife or in eni servise in mausing were ibrought , bote the wardeins of holy chirch that brought him thereto , the k. sede or is bailifes wat he ad misdo , and loked verst were thei to amendment it bring , and vote hii wolde by their leue do the mausing . v. the vist was , that bishoprikes and abbeis also that vacans were of prelas in the k. hand were ido , and that the k. sold all the land as is owne take , uort at last that him lust eni prelat there make . and than thulke prelat sould in is chapel ichose be . of is clarks which he wuld to such prelace bise . and than wan he were ichose in is chapel right yere , homage he solde him do ar he confirmed were . vi. the sixt was yuf eni play to chapitle were idraw , and eni man made is appele , yuf me dude him unlaw , that to the bishop from ercedeken is appele sold make , and from bishop to arcebissop and suth none other take , and but the ercebisops court to right him wold bring , that he sold from him be cluthe biuore the king. and from the k. non other mo so that attan end plaining of holi chirch to the k. shold wend. and the k. amend solde the ercebissops dede , and be as in the popes stude , and s. thomas it withsede . vii . the seuethe was that plaiding that of det were to yeld wel thoru truth iplight , and nought ihold nere althei thoru truth it were , that ple sold be ibrought biuore the k. and is bailies and to holy chirch nought . viii . the eighth that in the lond citation none nere thoru bull of the pope of rome , and clene bileued were . ix . the nithe was that peters pence that me gadereth manion the pope nere nought on isend , ac the k. echone . x. the tethe was yuf eni clarke as felon were itake , and vor felon iproved and ne might it not forsake , that me sold him verst disordein and suth thoru there law , and thoru judgement of the land hong him other to draw . uor these and vor other mo the godeman s. thomas fleu verst out of england and eke imartred was , uor he sei there nas bote o way other he must stiffe be other holy chirch was isent , that of right was so fre . chap. xiv . the pope absolves thoms a becket from his oath , and damns the laws of clarendon . the king resents it , writes to his sheriffs , orders a seisure . penalties inflicted on kindred . he provides against an interdict from rome . he summons the bishops of london and norwich . an account of peter pence . to the laws of clarendon , which i spoke of , the states of the kingdom ( the baronage ) and with them the arch-bishop of canterbury , took their oaths in solemn manner , calling upon god. there were embassadors sent to pope alexander the third , that there might be that bottom also , that he would further confirm and ratifie them . but he was so far from doing that , that he did not only pretend that they did too much derogate from the priviledge of the clergy , and wholly refuse to give his assent to them ; but also having absolved thomas the arch-bishop , at his own request , from the obligation of that oath he had bound himself with , he condemned them as impious , and such as made against the interest and honour of holy church . king henry , as soon as he heard of it , took it , as it was fit he should , very much in dudgeon ; grievously and most deservedly storming at the insolence of the roman court , and the treachery of the bishop of canterbury . immediately letters were dispatcht to the several sheriffs of the respective counties , that if any clerk or layman in their bayliwicks , should appeal to the court of rome , they should seise him and take him into firm custody ; till the king give order what his pleasure is : and that they should seise into the kings hand , and for his use , all the revenues and possessions of the arch-bishops clerks ; and of all the clerks that are with the arch-bishop ; they should put by way of safe pledge the fathers , mothers , and sisters , nephews and neeces , and their chattels , till the king give order what his pleasure is . i have told the story out of matthew paris . you see in this instance a penalty , where there is no fault : it affects or reaches to their kindred both by marriage and blood ; a thing not unusual in the declension of the roman empire after augustus his time . but let misdemeanors hold or oblige those who are the authors of them ( was the order of arcadius and honorius , emperors , to the lord chief justice eutychianus ) nor let the fear of punishment proceed further than the offence is found . a very usual right among the english , whereby bating the taking away the civil rights of blood and nobility , none of the posterity or family of those who lose their honours , do for the most hainous crimes of their parents , undergo any p●●al●ies . but this was not all , in those letters i mentioned , he added threats also . . if any one shall be found carrying letters or a mandate from the pope , of thomas , arch-bishop of canterbury , containing an interdiction of christian religion in england , let him be seised and kept in hold , and let justice be done upon him without delay , as a traitor against the king and kingdom . this roger of hoveden stands by , ready to witness . . let the bishops of london and norwich be summon'd , that they may be before the kings justices to do right ( i. e. to answer to their charge , and to make satisfaction ) that they have contrary to the statutes of the kingdom , interdicted the land of earl hugh , and have inflicted a sentence of excommunication upon him . this was hugh bigod , earl of norfolk . . ' let st. peters pence be collected , or gathered , and kept safe . those pence were a tribute or alms granted first by ina king of the west-saxons ; yearly at lammas to be gathered from as many as ' had thirty pence ( as we read it in the confessor's laws ) ' of live mony in their house . these were duly , at a set time , paid in , till the time of henry the eighth , when he set the government free from the papal tyranny : about which time polydore virgil was upon that account in england , treasurer , or receiver general . i thought fit to set down an ancient brief account of these pence , out of a rescript of pope gregory to the arch-bishops of canterbury and york , in the time of king edward the second . diocess li. s. d. canterbury london rochester norwich ely lincoln coventry chester winchester exceter worcester hereford bath york salisbury it amounts to three hundred marks and a noble ; that is , two hundred pounds sterling , and six shillings and eight pence . you are not to expect here the murder of thomas a becket , and the story how king henry was purged of the crime , having been absolved upon hard terms . conveniunt cymbae vela minora meae . my little skiff bears not so great a sail. chap. xv. a parliament at northampton . six circuits ordered . a list of the then justices . the jury to be of twelve knights . several sorts of knights . in what cases honorary knights to serve in juries . those who come to parliament by right of peerage , sit as barons . those who come by letters of summons , are styled chevaliers . not long after , the king and the barons meet at northampton . they treat concerning the laws and the administration of justice : at length the kingdom being divided into six provinces or circuits , there are chosen from among the lawyers , some , who in every of those provinces might preside in the seat of justice , commissioned by the name of itinerant justices , or justices in eyre . see here the list and names of those justices out of hoveden . hugh de cressi . walter fitz-robert . robert mantel . for norfolk . suffolk . cambridge . huntington . bedford . buckingham . essex . hertford . hugh de gundeville . william fitz-ralph . william basset . for lincoln . nottingham . darby . stafford . warwick . northampton . leicester . robert fitz-bernard . richard gifford . roger fitz-reinfrai . for kent . surrey . southampton . sussex . barkshire . oxford . william fitz-steeven . bertam de uerdun . turstan eitz-simon . for hereford . glocester . worcester . shropshire . ralph fitz-steeven . william ruffus . gilbert pipard . for wiltshire . dorsetshire . somersetshire . devonshire . cornwall . robert de wals. ralph de glanville . robert pikenot . for york . richmond . lancashire . copland . westmoreland . northumberland . cumberland . these he made to take an oath , that they would themselves , bona fide , in good faith , and without any deceit or trick , ( 't is the same author whose words i make use of ) keep the under-written assizes , and cause them inviolably to be kept by the men of the kingdom . he mentions them under this specious title . the assises of king henry , made at clarendon , and renewed at northampton . . if any one be called to do right ( or be served with a writ ) before the justices of our lord the king , concerning murder , or theft , or robbery , or the receiving and harbouring of those who do any such thing ; or concerning forgery , or wicked setting fire of houses , &c. let him upon the oath of twelve knights of the hundred ; or if there be no knights there , then upon the oath of twelve free and lawful men , and upon the oath of four men out of each village of the hundred , let him go to the ordeal of water , and if he perish , i. e. sink , let him lose one foot . the knights who are wanting here , are perhaps those who hold by knights service , or if you had rather , that hold by fee ; betwixt whom , and those who served in war for wages or pay , which in the books of fees are called solidatae ( the same peradventure as by caesar are termed soldurii , that is , soldiers ; by nicolaus damascenus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by our monks , bracton , otho frisingensis , and radevicus , in the camp laws of barbarossa , are styled servientes , that is , serjeants ) there is an apparent difference ; both of them being , placed far below the dignity of those honorary knights , who are called equites aurati . but yet i do very well know , that these honorary knights also were of old time , and are now by a most certain right cal●ed forth to some tryals by jury . to the kings great or grand assise ( i say ) and to a suit of law contested , when a baron of parliament is party on one side , i. e. plaintiff or defendant . to the assise , in that it is the most solemn and honourable way of tryal , and that which puts an utter end to the claim of the party that is cast . to such an unequal suit , that there may be some equality of name or title as to some one , at least , of the judges ( for the jury or twelve men are upon such occasion judges made ) and as to the more honourable of the two parties , whether plaintiff or defendant . for the peers of parliament , who are the greater nobles ( amongst whom by reason of their baronies , arch-bishops and bishops , heretofore a great many abbots ) such as are dukes , marquesses , earls , viscounts , and barons ; who though they be distinguished by order and honorary titles , yet nevertheless they sit in parliament , only as they are barons of the realm . and those who at the kings pleasure are called in by letters of summons , as lawyers term it , are styled chevaliers , not barons . for that of chevalier was a title of dignity ; this of baron anciently rather of wealth , and great estate . which title only such writs of summons bestowed till richard the seconds time , who was the first that by patent made john beauchamp of holt , baron of kiderminster : now both ways are in fashion . chap. xvi . the person convict by ordeal , to quit the realm within forty dayes . why forty dayes allowed . an account of the ordeals by fire and water . lady emme dear'd by going over burning coulters . two sorts of tryal by water . learned conjectures at the rise and reason of these customs . these ordeals , as also that of single combat condemned by the church . . at northampton it was added for the rigour of justice , ( remember what was said in the foregoing chapter ) that he should in like manner lose his right hand or fist with his foot , and forswear the realm , and within forty dayes go out of the kingdom into banishment . ( he had the favour of forty dayes allowed him , so saith bracton , that in the mean time he might get help of his friends to make provision for his passage and exile . ) and if upon the tryal by water he be clean , i. e. innocent , let him find pledges , and remain in the realm , unless he be arighted for murder , or any base felony , by the community or body of the county , and of the legal knights of the countrey , concerning which , if he be arighted in manner aforesaid , although he be clean by the tryal of water ; nevertheless let him quit the realm within forty dayes , and carry away his chattels along with him , saving the right of his lords , and let him forswear the realm at the mercy of our lord the king. here let me say a little concerning the tryal by fire and water , or the ordeals . it is granted , that these were the saxons wayes of tryal , rashly and unadvisedly grounded upon divine miracle . they do more appertain to sacred rites , than to civil customs ; for which reason we past them by in the former book , and this place seemed not unseasonable to put the reader in mind of them . he who is accused , is bound to clear himself ( 't is ralph glanvill writes this ) by the judgement of god , to wit , by hot burning iron , or by water , according to the different condition of men : by burning hot iron , if it be a free-man ; by water , if he be a countrey-man or villain . the party accused did carry in his hand a piece of iron glowing hot , going for the most part two or three steps or paces along , or else with the soles of his feet did walk upon red hot plough-shares or coulters , and those , according to the laws of the franks and lombards , nine in number . the lady emme the confessor's mother being impeached of adultery with aldwin bishop of winton , was wonderfully cleared by treading upon so many , and is famous for it in our histories , being preserved safe from burning , and proved innocent from the crime . there were two sorts of watery ordeal or tryal by water ; to wit , cold or scalding hot . the party was thrown into the cold water , as in some places at this day witches are used : he who did not by little and little sink to the bottom , was condemned as guilty of the crime , as one whom that element , which is the outward sign in the sacrament of regeneration , did not admit into its bosome . as to scalding water , ones arm in that manner thrust in up to the elbow , made a discovery of the truth ; and aelstan a monk of abendon , afterward bishop of shirburn , thrusting in his bare hand into a boiling cauldron , shewed himself with some pride to his abbot . but that they say , that rusticks or vassals only were tryed by water , ( for water is ascribed to the earthly and ignoble nature , fire to the heavenly ; so that from the use of fire peculiar to man , firmianus lactantius hath fetcht an argument for the immortality of the soul ) that this is not altogether so true , is made out by that one example of john , a noble and rich old man , who in the time of king henry the second , when , being charged with the death of his brother the earl of ferrers , he could not acquit himself by the watery tryal , was hang'd on a gallows . whence or by what means both these customs were brought in among christians , 't is none of my business to make an over strait inquiry . i remember that fire among the ancients was accounted purgative ; and there is one in a tragedy of sophocles intitled antigone , who of his own accord profest to king creon , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . — that in his hands be red-hot gads would kéep , and over burning gleads would bare-foot créep . to shew himself innocent as to the burial of polynices . i pass by in silence that pythagorical opinion , which placeth fire in the centre of the universe , where jupiter hath his prison ; which fire some , however the peripateticks stiffly oppose it , would have to be in plain terms the sun , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . who all things overlooks , and all things hears . yet i shall not omit this , that in the holy bible the great and gracious god hath of a truth discovered himself to mortal conception in the very name of fire , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as a thing agreeable to divinity , as saith john reuchlin ; and that s. paul hath , according to the psalmists mind , stiled the ministers of god , a flame of fire . and indeed to abuse the holy scriptures , by mis-interpreting them , is a custom too ancient and too too common . homer and virgil both sing of — imperjuratam stygiamque paludem , dii cujus jurare timent & fallere numen . that is , — th' unperjur'd stygian lake , whose name the gods do fear in vain to take . we read of the infants of the celts , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . try'd in the streams of sacred flood , whether of right or of base blood ; as it is in the greek epigrams : of the fountains of sardinia , in solinus : of the moist februa , or purifications by water , in ovids fastorum : and of those rivers that fell from heaven , and their most wonderful and hidden natures , among natural philosophers . but most of these things were not known peradventure in our ordeals . yet martin del rio , a man of various reading and exquisite learning , hath in his magical inquiries offered a conjecture , that the tryal by water crept into use from a paltry imitation of the jews cup of jealousie . truth is , a great many instances both of this way of trying by water and of that by fire , are afforded by the histories of the danes , saxons , germans , franks , spaniards , in a word , of the whole christian world. an quia cunctarum concordia semina rerum , sunt duo discordes ignis & vnda dei , junxerunt elementa patres ? was it , saith the poet , 'cause the two diff'ring gods , alwayes at ods , that of water , that of fire , which yet in harmony conspire the seeds of all things fitly joyn'd ; therefore our fathers have these two combin'd . or was it , because that the etymologie of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hashamaim , that is , heaven , ( for the heavens themselves were the feigned gods of the gentiles ) some are pleased with the deriving it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 esh , i. e. fire and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 maim , i. e. water : let some more knowing janus tell you . — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for my part i shall not this game pursue ; why should i lose my time and labour too ? the superstitions and fopperies , the rites and usages , the lustrations and purifyings , the prayers and litanies , and the solemn preparations ( in consecrating and conjuring the water , &c. ) you have in will. lambard in his explications of law terms , and in matthew parker arch-bishop of canterbury in his antiquities of the brittish church . both of them together , with that other of single combat or duel ( for that also was reckoned among the ordeals ) were judged by the church of rome to be impious customs ; and it is long since that they have been laid aside , and not put in practice among the common ordinary wayes of peoples purging and clearing themselves . well , now let me come back to my own country again , and return to northampton . chap. xvii . other laws : of entertaining of strangers . an uncuth , , a gust , a hogenhine ; what of him who confesseth the murder , &c. of frank pledge . of an heir under age . of a widows dowry . of taking the kings fealty . of setting a time to do homage . of the justices duty . of their demolishing of castles . of felons to be put into the sheriffs hands . of those who have departed the realm . . let it be lawful for no man , neither in borough nor in village or place of entertainment , to have or keep in his house , beyond one night , any stranger , whom he will not hold to right , ( that is , answer for his good behaviour ) unless the person entertain'd shall have a reasonable essoin or excuse , which the master or host of the house is to shew to his neighbours ; and when the guest departs , let him depart in presence of the neighbours , and in the day time . hither belongs that of bracton . he may be said to be of ones family , who shall have lodged with another for the space of three nights ; in that the first night he may be called uncuth , i. e. unknown , a stranger ; but the second night gust , i.e. a guest or lodger ; the third night hogenhine ( i read hawan man ) i. e. in greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in latin familiaris , one of the family . . if any one shall be seised for murder , or for theft , or robbery , or forgery , and be knowing thereof , ( i. e. shall confess it ) or for any other felony which he shall have done , before the provost ( the master or bailiff of the hundred or borough , and before lawful men , he cannot deny it afterwards before the justices . and if the same person without seisin ( with seisin in this place is the same as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as we commonly say in our language , taken with the manner ) shall recognize or acknowledge any thing of this nature before them , this also in like manner he shall not be able to deny before the justices . . if any one shall dye holding in frank pledge ( i. e. having a free tenure ) let his heirs remain in such seisin , as their father had on the day he was alive and dyed , of his fee , and let them have his chattels , out of which they may make also the devise or partition of the deceased , ( that is , the sharing of his goods according to his will ) and afterwards may require of their lord , and do for their relief and other things , which they ought to do as touching their fee ( i. e. in order to their entring upon the estate . ) . if the heir be under age , let the lord of the fee take his homage , and have him in custody or keeping for as long time as he ought ; let the other lords , if there be more of them , take his homage , and let him do to them that which he ought to do . . let the wife of the deceased have her dowry , and that part of his chattels , which of right comes to her . in former times peradventure it was a like generally practised by the english , that the wife and children should have each their lawful thirds of the estate ; ( each of them , i say , if they were in being ; but half to the wife , if there were no issue ; and as much to the children , if the wife did not survive her husband : ) as it was practised by the romans of old according to the falcidian law ▪ and of later time by the novells of justinian , that they should have their quarter-part . for i see that those of normandy , of arras , of ireland , people that lay round about them , had the same custom . of this you are to see glanvill , bracton , the register of briefs or writs , and william lindwood , beside the records or yearly reports of our law. . let the justices take the fealties of our lord the king before the close of easter , and at furthest before the close of pentecost ; namely , of all earls , barons , knights and free-holders , and even of rusticks or vassals , such as have a mind to stay in the realm ; and he who will not do fealty , let him be taken into custody as an enemy of our lord the king. . the justices have also this to give in charge , that all those , who have not as yet done their homage and allegiance to our lord the king , do at a term of time ; which they shall name to them , come in and do homage and allegiance to the king as to their liege lord. . let the justices do all acts of justice and rights belonging to our lord the king by a writ of our lord the king , or of them who shall be in his place or stead , as to a half-knights fee and under ; ( a knights fee in an old book , which pretends to more antiquity by far than it ought , concerning the manner of holding parliaments , is said to be twenty pounds worth of land in yearly revenue , but the number prefixt before the red book of the exchequer goes at the rate of six hundred and eighty acres : ) unless the complaint be of that great concern , that it cannot be determined without our lord the king , or of that nature that the justices by reason of their own doubting refer it to him , or to those who shall be in his place and stead . nevertheless let them to the utmost of their ability intend and endeavour the service and advantage of our lord the king. . let the justices provide and take care , that the castles already demolisht , be utterly demolished , and that those that are to be demolished , be well levelled to the ground . and if they shall not do this , our lord the king may please to have the judgement of his court against them , as against those who shew contempt of his precept . . a thief or robber , as soon as he is taken , let him be put into the sheriffs hands to be kept in safe custody ; and if the sheriff shall be out of the way , let him be carried or brought to the next constable of a castle , and let him have him in custody , until he deliver him up to the sheriff . . let the justices according to the custom of the land , cause inquiry to be made of those , who have departed or gone out of the realm . and if they shall refuse to return within a term of time that shall be named , and to stand to right in the kings court ( i. e. to make their appearance , and there to answer , if any thing shall be brought in against them ) let them after that be outlawed , and the names of the outlaws be brought at easter and at the feast of st. michael to the exchequer , and from thence be sent to our lord the king. these laws were agreed upon at northampton . chap. xviii . some laws in favour of the clergy . of forfeitures on the account of forest or hunting . of knights fees . who to bear arms , and what arms. arms not to be alienated . no jew to bear arms. arms not to be carryed out of england . rich men under suspicion to clear themselves by oath . who allowed to swear against a free-man . timber for building of ships not to be carryed out of england . none but free-men to bear arms. free-men who . rusticks or villains not such . . that henceforth a clergy-man be not dragg'd and drawn before a secular judge personally for any crime or transgression , unless it be for forest or a lay-fee , out of which a lay-service is due to the king , or to some other secular lord. this priviledge of the clergy the king granted to hugh the popes cardinal legate , by the title of s. michael à petra , who arrived here on purpose to advance the popish interest . . furthermore , that arch-bishopricks , bishopricks or abbacies be not held in the kings hand above a year , unless there be an evident cause , or an urgent necessity for it . . that the murderers or slayers of clergy-men being convicted , or having confest before a justice or judge of the realm , be punished in the presence of the bishop . . that clergy-men be not obliged to make duel : i. e. not to clear themselves , as others upon some occasion did , by single combat . . he ordained at woodstock ( we transcribe these words out of hoveden ) that whosoever should make a forfeit to him concerning his forest , or his hunting once , he should be tyed to find safe pledges or sureties ; and if he should make a second forfeit , in like manner safe pledges should be taken of him ; but if the same person should forfeit the third time , then for his third forfeit , no pledges should be taken , but the proper body of him who made the forfeit . moreover , we meet with these military laws , or laws of knights fees , made for tenants and other people of the common sort . . he who hath one knights fee ( 't is the aforesaid hoveden speaks ) let him have an habergeon or coat of male , and a helmet or head-piece and a buckler or target and a lance : and let every knight have so many habergeons , and helmets , and targets , and lances , as he shall have knights fees in his demeans . . whatsoever free-holder that is a lay-man , shall have in chattel or in rent and revenue to the value of sixteen marks , let him have a coat of male , and a head-piece , and a buckler , and a lance. . whatsoever lay-person being a free-man , shall have in chattel to the value of ten marks , let him have a little habergeon , or coat of male , and a capelet of iron , and a lance. . let all burghers or towns-men of a corporation , and the whole communities of free-men have a wambais , and a capelet of iron , and a lance. . let no one , after he hath once had these arms , sell them , nor pawn them , nor lend them , nor by any other way alienate them from himself , or part with them : nor let his lord alienate them by any manner of way from his man ( i. e. his tenant that holds under him ) neither by forfeit , nor by gift , nor by pledge , nor by any other way . . if any one shall dye having these arms , let them remain to his heir ; and if the heir be not of such estate or age , that he may use the arms , if there shall be need , let that person who shall have them ( the heir ) in custody , have likewise the keeping of the arms , and let him find a man , who may use the arms in the service of our lord the king , if there shall be need , until the heir shall be of such estate , that he may bear arms , and then let him have them . . whatsoever burgher shall have more arms , than it shall behove him to have , according to this assize , let him sell them , or give them away , or so dispose of them from himself to some other man , who may retain them in england in the service of our lord the king. . let no one of them keep by him more arms , than it shall behove him according to this assize to have . . let no jew keep in his possession a coat of male or an habergeon , but let him sell them , or give them , or in some other manner put them away , in that wise that they may remain in the service of the king of england . . let no man bear or carry arms out of england , unless it be by special order of our lord the king ; nor let any one sell arms to any one , who may carry them from england ; nor let merchant or other carry or convey them from england . . they who are suspected by reason of their wealth or great estate , do free or acquit themselves by giving their oaths . the justices have power or jurisdiction given them in the case for this purpose . if there shall be any , who shall not comply with them ( the justices ) the king shall take himself to the members or limbs of such persons , and shall by no means take from them their lands or chattels . . let no one swear upon lawful and free-men , ( i. e. in any matter against or concerning them ) who hath not to the value of sixteen or ten marks in chattel . . let no one , as he loves himself and all that he hath , buy or sell any ship to be brought from england ; nor let any one carry , or cause to be carryed out of england timber for the building of ships . . let no one be received or admitted to the oath of bearing arms ' but a free-man . to bring once for all something concerning a free-man , that may not be beside the purpose . the ancient law of england bestowed that name only upon such persons , as many as , either being honoured by the nobility of their ancestors , or else out of the commonalty being of ingenuous birth ( to wit , of the yeomanry ) did not hold that rustick fee or tenure of villenage ) dedicated to stercutius ( the god of dunghils ) and necessarily charged and burthened with the plough tail , the wain , and the dray , which are the hard countrey-folks arms and implements . to this purpose makes the term of rustick or countrey-man above mentioned in the statutes of clarendon , and the place of glanvill cited in the tryal of ordeal . that the business may be more clearly asserted ; a suit of law being waged in the time of edward the first , betwixt john levin plaintiff and the prior of bernwell defendant ( i have taken the story out of an old manuscript , and the reports of our law , and the collection or body of the royal rescripts do agree to it ) it was then , after several disputes bandied to and fro , and with earnestness enough , decided by the judgement of the court , that those tenants which hold in fee from the ancient domain of the crown , as they call it , are by no means comprehended under the title of free-men ; as those who driving their labour around throughout the year pay their daily vows to ceres the goddess of corn , to pales the goddess of shepherds , and to triptolemus the inventer of husbandry or tillage , and keep a quarter with their gee hoes about their chattel . and now death hath put an end to king henry's reign . and i also having made an end of his laws , so far as histories do help me out , do at the last muster and arm my bands for the guard of my frontiers . i wish they may be of force enough against back-biters . chap. xix . of law-makers . our kings not monarchs at first . several of them in the same county . the druids meeting-place where . under the saxons , laws made in a general assembly of the states . several instances . this assembly under the normans called parliament . the thing taken from a custome of the ancient germans . who had right to sit in parliament . the harmony of the three estates . but however laws are not without their makers and their guardians , or they are to no purpose . it remaineth therefore that we say somewhat in general of them . they are made either by use and custom ( for things that are approved by long use , do obtain the force of law ) or by the sanction and authority of law-givers . of ancient time the semnothei , the kings and the druids were law-givers ; amongst the britans i mean. concerning the semnothei whatsoever doth occurr you had before . the kings were neither monarchs of the whole island , nor so much as of that part of brittany that belonged to the angles . for there were at the same time over the single county of kent four kings ; to wit , cyngetorix , carvilius , taximagulus , and segonax ; and at the same rate in other counties . wherefore we have no reason to make any question , but that part wherein we live , now called england , was governed by several persons , and was subject to an aristocracy : according to what polydore virgil , john twine , david powell and others have informed us . the druids were wont to meet , to explain the laws in being , and to make new ones as occasion required , as is most likely , in some certain place designed for that purpose ; as now at this very time all matters of law go to be decided at spire in germany , at westminster-hall in england , and paris in france . their publick convention or meeting-place was constantly , as julius caesar tells us , in the borders of the carnutes the middle region of all france . some think that a town at eight miles distance from the metropolis of those people commonly called dreux , was designed for that use . whilst the saxons governed , the laws were made in the general assembly of the states or parliament . in the front of king ina's laws ( 't is above eight hundred and eighty years that he first reigned ) we read thus , it ine mid godes gift west-saxna cyning mid getbeat & mid lere cenredes mines fader & hedde & erconwald mine biscops & mid eallum minum , ealdor mannum , & tham yldestan witan mines theode be beodeth , &c. which in our present english speaks thus , i ina by the grace of god king of the west-saxons , by the advice and order of kenred my father , and of hedda and erconwald my bishops , and of all my aldermen , and of the elders and wise men of my people , do command , &c. there are a great many instances of this kind in other places . moreover witlaf and bertulph , who were kings of the mercians near upon eight hundred years ago , do in their instruments under their hands make mention of synods and councils of the prelates and peers convened for the affairs of the kingdom . and an ancient book has this passage of abendon , here was the royal seat , hither when they were to treat of the principal and difficult points of state , and affairs of the kingdom , the people were used to meet and flock together . to this may be added that which malmesbury sayes of king edward in the year of our lord . the king gathered a synod or ●ssembly of the senators of the english nation , over which did preside pleimund arch-bishop of canterbury interpreting expresly the words of the apostolical embassy . these assemblies were termed by the saxons , widdena gemcdes , i. e. meetings of the wise men , and micil sinodes , i. e. the great assemblies . at length we borrowed of the french the name of parliaments , which before the time of henry the first , polydore virgil sayes , were very rarely held . an usage , that not without good reason seems to have come from the ancient germans . so tacitus sayes of them , concerning smaller matters the princes only , concerning things of greater concern , they do all the whole body of them consult ; yet in that manner , that those things also , which it was in the peoples power to determine , were treated of by the princes too . and i have one that hath left it in writing , that when there was neither bishop , nor earl , nor baron , yet then kings held their parliaments : and in king arthur's patent to the university of cambridge ( for ye have my leave , if you can find in your heart , to give credit to it , as john key does ) by the counsel and assent of all and singular the prelats and princes of this realm , i decree . there were present at parliaments , about the beginning of the normans times , as many as were invested with thirteen fees of knights service , and a third part of one fee , called baron's , from their large estates : for which reason perhaps john cochleius of mentz , in his epistle dedicatory to our most renowned sir thomas more , prefixt before the chronicle of aurelius cassiodorus , calls him baron of england . but henry the third , the number of them growing over big , ordered by proclamation , that those only should come there , whom he should think fit to summon by writ . these assemblies do now sit in great state , which with a wonderful harmony of the three estates , the king , the lords and the commons , or deputies of the people , are joyned together , to a most firm security of the publick , and are by a very learned man in allusion to that made word in livy , panaetolium from the aetolians , most rightly called pananglium , that is , all england . as in musical instruments and pipes and in singing it self , and in voices ( sayes scipio in tully's books of the common-wealth ) there is a kind of harmony to be kept out of distinct sounds , which learned and skilful ears cannot endure to hear changed and jarring ; and that consort or harmony , from the tuning and ordering of voices most unlike ; yet is rendred agreeing and suitable : so of the highest and middlemost and lowermost states shuffled together , like different sounds , by fair proportion doth a city agree by the consent of persons most unlike ; and that which by musicians in singing is called harmony : that in a city is concord , the straightest and surest bond of safety in every common-wealth , and such as can by no means be without justice . but let this suffice for law-makers . chap. xx. the guardians of the laws , who . in the saxons time seven chief . one of the kings among the heptarchs styled monarch of all england . the office of lord high constable . of lord chancellor , ancient . the lord treasurer . alderman of england , what . why one called healfkoning . aldermen of provinces and graves , the same as counts or earls and viscounts or sheriffs . of the county court , and the court of inquests , called tourn le viscount . when this court kept , and the original of it . i do scarce meet before the saxons times with any guardians of the laws different from these law-makers . in their time they were variously divided , whose neither name nor office are as yet grown out of use . the number is made up , to give you only the heads , by these ; to wit , the king , the lord high constable , the chancellor , the treasurer , the alderman of england , the aldermen of provinces and the graves . those of later date and of meaner notice i pass by , meaning to speak but briefly of the rest . the king was alwayes one amongst the heptarchs or seven rulers , who was accounted ( i have beda to vouch it ) the monarch of all england . ella king of the south-saxons ( so sayes ethelwerd ) was the first that was dignified with so high a title and empire , who was owner of as large a jurisdiction as ecbright ; the second was ceulin king of the west-angles ; the third aethelbrith king of the kentish-men ; the fourth redwald king of the easterlings ; the fifth edwin king of northumberland ; the sixth oswald ; the seventh osweo , oswala's brother ; after whom the eighth was ecbright . his west-saxon kingdom took in the rest for the greatest part . the office of lord high constable , which disappeared in edward duke of buckingham , who in henry the eighth's time lost his head for high-treason , was not seen till the latter end of the saxons . one alfgar staller is reported by richard of ely monk , to have been constable to edward the confessor , and mr. camden mentions a dwelling of his upon this account called plaiffy in the county of middlesex . he of ely sets him out for a great and mighty man in the kingdom . and indeed formerly that magistrate had great power , which was formidable even to kings themselves . they who deny there were any chancellors before the coming in of the normans , are hugely mistaken . nor are they disproved only out of the grant of edward the confessor to the abbot of westminster , which i am beholden to mr. lambard for , at the bottom of which these words are set down : i syward publick notary , instead of rembald the kings majesties chancellor , have written and subscribed this paper ; but also out of ingulph , who makes mention of farketulus , some while after that abbot of crowland , chancellor of king edred , by whose decree and counsel were to be handled & treated whatsoever businesses they were , temporal or spiritual , that did await the judgement of the king ; and being thus treated of by him , might irrefragably stand good . and francis thinn , that learned antiquary has reckoned up several , who have discharged this office ; as turketill to king ethelbald , swithin bishop of winchester to king egbert , vlfin to king athelstan , adulph to king edgar , alsy abbot and prelate of ely to king ethelred . concerning which office and the seals , which the chancellor in old time had the keeping of , i had rather you would consult with camden's tribunals or seats of justice , and those things which john budden at wainfleet doctor of laws has brought out of the archives into his palingenesia , than seek them at my hands . as for treasurers , dunstan was so to king edred , and hugolin to the confessor . but that fifth title of alderman of england , is an unusual one . yet , if i don't mistake my self , he was the chief president in tryals at law , and an officer to keep all quiet at home ; the same as now perhaps is commonly called the lord chief justice of england . this remarkable name i do not meet with , neither in the monkish chronologers , which are to be had at the shops , nor in the records of our laws . but a private history of the abbey of ramsey in huntingdon-shire has given us notice of one ailwins tomb with this inscription , hic . requiescit . ailwinus . incliti . regis . eadgari . cognatus . totius . angliae . aldermannus . et . hujus . sacri . coenobii . miraculosus . fundator . that is , here resteth ailwin kinsman of the renowned king edgar , alderman of all england , and the miraculous founder of this sacred monastery . and by reason of his great authority and favour which he had with the king , by a nick name they called him healfkoning , i. e. half-king . now henry of huntingdon sayes , that tostius earl ( or to use his phrase consul ) of northumberland , and harald sons of godwin earl of kent were justices of the realm . aldermen may aptly be termed by the word senators . those judges did exercise a delegated power throughout the provinces , called counties or shires , and the graves an under-delegated power from them . the word is as much as governours , and is the same thing , as in high dutch grave in landgrave , burgrave , palsgrave , &c. and what amongst some of our own people reev . we shall call them both , as that age did , in a latin term , the one comites , i. e. counts or earls , the other vicecomites , that is , viscounts or sheriffs . the name of count is every where met with amongst the most ancient of the monks , which yet does very often pass into that of duke in the subscription of witnesses . and in the charter of the foundation of chertsey abby in surrey , frithwald stiles himself subregulus , i.e. an under kingling or petty vice-roy to wulpher king of the mercians ; make no question of it , he meant he was a count. a viscount and a vice-lord are more than very like , they are the very same . ingulph sayes it above . and in the last hand-writing of king edred we have , i bingulph vice-lord advised it , i alfer viscount heard it . these counts and viscounts , or earls and sheriffs had in their counties their several courts both for private and for publick matters . for private affairs they had every month a meeting called the county court. let every grave , as we have it in edward the elder 's laws , every fourth week convene and meet the people in assembly : let him do equal right to every one , and determine and put an end to all suits and quarrels , when the appointed days shall come . for publick business king edgar ordered the court of inquests or inquiries , called tourn le uiscount . let a convention or meeting be held twice every year out of every county , at which let the bishop of that diocess , and the senator , ( i. e. the alderman ) be present ; the one to teach the people the laws of god ; the other the laws of the land. what i have set down in william the first at the end of the fourth chapter of this second book , you ought to consider of here again in this place . the inhabitants did not meet at this court of inquests at any season promiscuously and indifferently , but as it is very well known by the use and ancient constitutions of the realm , within a month either after easter , or after michaelmas . in which court , seeing that not only the count , as now a dayes the viscount or sheriff does , but also the bishop did preside ; it does not at all seem difficult to trace the very original of this temporary law. that peradventure was the synod of antioch held in pope julius the first 's time , and acknowledged in the sixth general council held at constantinople . in this latter there are expresly and plainly two councils or meetings of the bishops to be kept every year within three weeks after easter , and about the middle of october , ( if there be any small difference in the time , it can be no great matter of mistake ) . you may help your self to more other things of meaner note out of what has been said before about hundreds , bourghs and the like . and this may serve in brief for the saxons , who were entrusted with the care of their laws . chap. xxi . of the norman earls . their fee. their power of making laws . of the barons , i.e. lords of manours . of the court-baron . it s rise . an instance of it out of hoveden . other offices much alike with the saxons . i shall be briefer concerning the normans , i mean their earls and barons . their counts or earls before the conquest , except those of leicester , and perchance some others , were but officers , and not as yet hereditary . when william bore the sway , they began to have a certain fee and a descent of patrimony ; having together with their title assigned to them a third part of the revenues or rents , which did arise out of the whole county to the exchequer . this custom is clear enough in gervase of tilbury in the case of richard de redueriis made earl of devonshire by henry the first , & jeoffrey de magna villa made earl of essex by mawd the empress . it seems that the saxon earls had the self-same right of sharing with the king. so in doomsday book we find it ; the queen edeua had two parts from ipswich in suffolk , and the earl or count guert the third : and so of norwich , that it paid twenty pound to the king , and to the earl ten pound : so of the revenues of the borough of lewes in sussex , the king had two shares , and the earl the third . and oxford paid for toll and gable , and other customary duties twenty pound a year to the king , besides six quarts of honey , and to earl algar ten pound . to conclude , it appears also that these norman earls or counts had some power of making laws to the people of their counties . for instance , the monk of malmesbury tells us , that the laws of william fitz-osborn earl of hereford remained still in force in the said county , that no souldier for whatsoever offence should pay above seven shillings . the writings and patents of the men of cornwall concerning their stannaries or tinn-mines do prove as much ; nor need i tell the story , how godiva lady to the earl leofrick rid on horse-back through the streets of coventry with her hair disshevelled , all hanging about her at full length , that by this means she might discharge them of those taxes and payments , which the earl had imposed upon them . out of the countreys ( wherein all estates were subject to military service ) the barons had their territories , as we call them mannors ; and in them their courts to call their tenants together , at the end of every three weeks , and to hear and determine their causes . a civilian , one vdalricus zazius , would have the original of these courts among other nations , to have come by way of imitation from romulus his making of lords or patrons , and their clanns or tenants . the use of them at this day is common and ordinarily known . but to shew how it was of old , we will borrow out of hoveden this spark of light . john marshall complained to henry the second , that whereas he had claimed or challenged in the arch-bishops court a piece of land to be held from him by right of inheritance , and had a long time pleaded upon it , he could obtain no justice in the case , and that he had by oath falsified the arch-bishops court , ( that is , proved it to be false by oath , according to the custom of the realm : to whom the arch-bishop made answer , there has been no justice wanting to john in my court ; but he , i know not by whose advice , or whether of his own head , brought in my court a certain toper , and swore upon it , that he went away from my court for default of justice ; and it seemed to the justices of my court , that he did me the injury , by withdrawing in that manner from my court ; seeing it is ordained in your realm , that he who would falsifie anothers court must swear upon the holy gospels . the king not regarding these words , swore , that he would have justice and judgement of him ; and the barons of the kings court did judge him to be in the kings mercy ; and moreover they fined him five hundred pound . as to doing justice in all other cases , and managing of publick affairs , the normans had almost the same names and titles of officers and offices as the saxons had . finis . a brief chronology to attend and assist the history . in the year of the world .   . samothes , if there ever were such a man , bears rule . . brutus makes a descent , ( that is , lands with his trojans ) in cornwall or devonshire . . dunvallo molmutius swayes the scepter . . martia , dowager of king quintilen , is queen regent during the minority of her son sisillius the first . . caius julius caesar arrives at deal on the sea-coast of kent , and territa quaesitis ostendis terga britannis , that is , having inquiry made , after the britans bold , he turn'd his back , 't is said , his courage would not hold : and was the first that discover'd britanny to the romans . in the year of christ .   . claudius caesar emperour sends over aulus plautius with an army as his lieutenant general , and by degrees reduceth the countrey into the form of a roman province . . a colony of veterans or old roman souldiers is sent down to maldon in essex . . britanny is subdued or brought under the yoke by the conduct of junius agricola , in the time of domitian the emperour . . lucius or king lucy was the first christian king. forasmuch as he was of the same standing with pope eleutherius and the emperour commodus . whence it appears , that beda makes others mistake , and is himself mistaken in his wrong account of time in this affair . . the saxons , angles , jutes , danes , frisons , or friselanders arrive here from germany , taurus and felix then consuls , in the one and twentieth year of theodosius the younger . the common or ordinary account of writers sets it down the four hundred forty ninth year : but that great man both for authority and judgement william camden clarenceaux king at arms hath , upon the credit of ancient records , closed this epoch or date of time within that term of years , which i have set in the margin . . king ethelbert the first king of the english saxons , who profest christianity . . king egbert . . king alured or alfred . . king edgar . . canute or king knute the dane . . harold , eldest son to king knute , called for his swiftness harefoot . . edward the confessor , after whom harold son to godwin earl of kent usurp't the throne , where he continued only nine months . . william duke of normandy , after a battel fought upon the plain near hastings , got the dominion or soveraignty of the british island . . william rufus , second son of the conquerour . . henry the first , younger brother to rufus . . king stephen , count of blois in france , nephew to henry by his sister adela . . henry the second , grand-child to henry the first by his daughter mawd the empress , and jeoffrey count of anger 's in france . finis . brief notes upon some of the more difficult passages in the title-page . common and statute law ] so i render jus prophanum , as prophane is opposed to sacred and ecclesiastical , as himself explains the term in his preface out of festus . otherwise it might have been render'd civil law , as relating to civil affairs and the government of state , not medling with the canons and rules of the church ; but that the civil law with us is taken generally in another sense for the imperial law , which however practised in several other nations , hath little to do in england , unless in some particular cases . of english britanny ] that is , that part of britain , which was inhabited by the angles , in latin called anglo-britannia , by us strictly england ; as for distinction , the other part of the island , wales , whither the welsh , the true and ancient britans , were driven by the saxons , is called cambro-britannia , that is , welsh britanny ; and scotland possest by the scots , is in like manner called scoto-britannia , that is scotch-britanny , which now together with england , since the union of the two kingdoms , goes under the name of great britain . in the author's preface . the guardian of my threshold ] so limentinus among the romans was the god of the threshold , qui limentis , i. e. liminibus praeest ; but it may be taken for the officer of the gate , the porter , who gives admission to strangers . in a different character ] accordingly in the latin the author's citations are printed in italick ; which , because they are so frequent , i thought fit rather to notifie by a distinction , as usual , in the margin ; thus , " " intercidona , pilumnus & deverra ] these were heathen deities , to whom they attributed the care of their children , whom else they thought silvanus might , like oberon king of the fairies , surprize or do some other mischief to . in the first book . chap. . pag. . lin . . among the celts and gauls ] who are reckoned for one and the same people ; as for instance , those gauls , who removed into the lesser asia , mixing with the greeks , were called gallo-graeci , but by the greeks were styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whence by contraction , i suppose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . bellagines , that is , by-laws . ] from by , that is , a village , town or city , and lagen , which in gothish is a law ; so that it signifies such laws , as corporations are govern'd by . the scots call them burlaws , that is , borough-laws . so that bellagines is put for bilagines or burlagines . this kind of laws obtains in courts leet and courts baron , and in other occasions , where the people of the place make their own laws . chap. ii. pag. . l. . adrastia , rhamnusia & nemesis . ] which is all but nemesis the goddess of revenge , called adrastria from king adrastus , who first built her a temple ; and rhamnusia from rhamnus a village in the athenian territory , where she was worshipped . l. . elohim , that is , gods. ] and so judges are properly called according to the original notation of the word , whose root 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alah , though in hebrew it signifie to curse , yet in the arabick language , a descendent of the hebrew , it betokens to judge . thus 't is said in the psalms , god standeth in the congregation of the gods , and i have said , ye are gods , &c. l. . it subjoins to it the name of god. ] to wit , that name of his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 el , which signifies a mighty god. in this sense the cedars of god are lofty stately cedars ; and by moses his being fair to god , is meant , that he was exceeding fair . pag. . lin . . not only berecynthia , but also juno , cybele . ] why ! cybele is the very same goddess , who was called berecynthia from berecynthus a hill of phrygia ( as also cybelus was another ) where she was worshipped . and she had several such names given her from the places of her worship , as dindymene , pessinuntia , idaea , phrygia . this then was a slip of our worthy author's memory or his haste . chap. iii. pag. . lin . . not by the number of dayes , but of nights . ] thus in our common reckoning we say a sennight , that is , seven nights ; septinoctium , for what in latin they say septimana , seven mornings ; and a fortnight , that is , fourteen nights . again for sundayes and holy-dayes , the evening , which concludes the fore-going day , is said to be their eve , that is , evening . and the grecians agree with us in setting the night before the day , in that they call the natural day , which is the space of twenty four hours , comprehending day and night , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , night-day , not day-night . chap. iv. pag. . lin . . king phranicus . ] it is so ordinary a matter for historians , when they treat of things at great distance of time , to devise fables of their own , or take them up from others , that i doubt not but this phranicus was designed to give name to france ; whereas it was so called from the franks , who came to plant there out of franconia a countrey of germany , called east-france . l. . with corinus one of the chief of his company . ] from whom cornwall had its name , formerly called in latin corinia or cornavia ( say some ) now cornubia . and possibly if that were so , corinium also or cirencester , a town in glocestershire , and corinus too , the river churne , that runs by it , owe their appellations to the same noble person . l. . new troy , that is , london . ] called also troynovant , and the people about it called trinobantes or trinovantes , from whom also the city it self was styled augusta trinobantum , that is , the royal seat of the new trojans . l. . king belin. ] who gave name to billinsgate , that is , belin's gate , as king lud to ludgate . pag. . lin . . eumerus messenius . ] some such fabulous writer as our sir john mandevil , who tells us of people and countreys , that are no where to be found in the world. chap. vi. pag. . lin . . in the time of brennus and belinus . ] the first of these was general of the gauls , who were called senones , and going into italy with them , sackt rome . there he built the city verona , called by his name brennona ; as he had done brennoburgum now brandenburg in germany . from his prowess and famed exploits , it is supposed that the britans or welsh do to this day call a king brennin . of the other , viz. belinus , some mention hath been made already . chap. vii . pag. . lin . . locrinus , camber and albanactus . ] from the first of these three brethren , to wit , locrinus , it is said , that the welsh call england lhoegr , that falling to the eldest sons share ; from the second camber , that a welsh-man is named cumra , and the countrey cambria ; and from the third albanactus , that scotland , or at least good part of it retains the term of albania , a title still belonging to the king of britain's second brother , the duke of york . though for my part for this last name of albanactus i am somewhat of opinion , that it might be devised by some smattering monk purposely in favour of the trojan story , as much as to say in a mungrel word alba 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 king of alba , a city of italy built by one of aeneas his sons . l. . gavelkind . ] from the saxon gafel or gafol , a debt or tribute , and cyn or kynd , the kindred or children ; or , as mr. lambard , gif eal cyn , i. e. given to all who are next of kin ; or , as vorstegan , give all kind , i. e. give to each child his part . an ancient custom of the saxons , whereby the fathers estate was equally divided amongst his sons ; as it is still amongst the daughters , if there be no sons . it obtains still in several places , especially in kent by the concessions of the conqueror . pag. . lin . . the laws of second venus . ] not having plato by me , nor any other means to inform my self better , i imagine that by the first venus they mean the force of lust and beauty , which doth so naturally incline people to a desire of union and copulation ; and by the second venus consequently is intended that prudential reason , by which men according to wholsome and equal laws easily suffer themselves to be gathered into societies , and to comply with one another in mutual indearments . p. . lin . . jupiter's register . ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek proverb , is the skin of that goat , which nursed him in his childhood , of which after her death in honour of her memory , and reward of her services , he made his register , to enroll therein and set down upon record all the concerns of mankind . lin. . of some aethalides . ] he was the son of mercury , and had the priviledge allowed him to be one while among the living , another while among the dead , and by that means knew all that was done among either of them . the moral is plain , that he was a great scholar , who what with his refin'd meditation and study of books , which is being among the dead , and what by his conversation with men , had attained great knowledge and prudence : so that pythagoras himself , as modest as he was to refuse the title of wise man , and to content himself with that of a philosopher , that is , a lover of wisdom , yet was fond of the counterfeit reputation of being thought to be he , giving out according to his own doctrine of transmigration , that he was the man. chap. ix . p. . lin . . what ? that those very letters , &c. ] the authors expression here may seem somewhat obscure ; wherefore i think fit to set down this by way of explication . he sayes , that the letters which the greeks used in caesar's time , and which we now use , are rather such as the greeks borrowed from the gauls than what they had originally of their own . this he proves in the end of this paragraph by the judgement of several learned men. so then , if this were so , caesar , who without all question was well enough acquainted with the greek letters then in use , yet in all likelihood did not so well know what the true old gallick letters were , the people being strangers to the romans , and he having but lately had any converse with them , and so might very probably mistake , in thinking that , because the letters were the same , the gauls might borrow the greek letters to make use of ; whereas the contrary ( to wit , that the greeks , after the disuse of the phoenician letters , which cadmus had brought over into greece , took the gallick in their stead ) is averr'd by lazius , becanus , &c. chap. x. pag. . lin . . from the sixth moon . ] whether that were from the sixth month they began their reckoning , which among the romans , was august , therefore called formerly sextilis , as the rest that follow according to order , are styled september , october , &c. or whether it were from the sixth day of the moon 's age , ( as they apply by way of proverb quartâ lunâ nati to the unfortunate , hercules having been born on such a day of the moon ) is none of my business to determine , but to leave it to the readers own inquiry and judgement . lin. . nestor's triple age . ] which if it be reckoned according to this account of thirty years to an age , makes but ninety years in all . and though that also be a great age for a man to handle arms , and to attend the duty and service of war , yet that is not so extraordinary a case , but that others may be found in story to stand in competition with him . besides it falls short of that description , which homer hath given of him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which implyes , that he had out-lived two generations ( to wit , the fathers which had been bred up with him , and the sons which had grown up into his acquaintance ) and that now he reigned among the grand-children , the third generation , the two former having been swept off the stage . and in this sense the latins took it , as appears by horace , who sayes of him ter aevo functus , that he had gone through the course of nature , lived out the life of man , three times over ; and in that he is styled by another old poet triseclisenex , that is , the three hundred years old gentleman ; for as aevum in the one signifies the whole space of humane life , so seculum in the other is constantly taken for a hundred years . pag. . lin . . greece , all over italy . ] for all the lower part of italy was at that time inhabited by the greeks , and from them called magna graecia , or graecia major , in opposition , i suppose , only to sicily the neighbouring isle , as being alike inhabited by greeks , but of less extent . lin. . voitland . ] a province of germany , in the vpper saxony . lin. . having their heads uncovered . ] that as they were bare-footed , so they were bare-headed also , perfect gymnosophists . the latin is nudis pedibus , capita intectae , graecanico pallio & cucullato , penulâque , and may be rendred indeed , having their heads covered or muffled . but how ? with a pall hooded and a satchell . i , but what had the satchell to do with their heads , that hung at their side , and so they are pictured . but to pass this , reader , thou art at thy own choice , to take which interpretation of the two thou wilt ; for the latin word intectae , as i said , admits of either . chap. xii . pag. . lin . . the women carried it for minerva against neptune . ] there is another account given of this story , that these two gods being in a contest , which of them should be intitled to the presidence of this city athens , they did each of them , to oblige the community in their favour , by a miracle cause to rise out of the ground , the one ( neptune ) an horse , to denote prowess and warlike courage , the other ( minerva ) an olive-tree loaden with fruit , an emblem of peace and fruitfulness ; and that the citizens preferr'd the latter , as the greater merit and more welcome blessing . lin. . juno , salacia , proserpina . ] juno was jove the thunderer's consort , as proserpine was the forc'd mate of grim pluto , the infernal queen . the third , salacia , lady of the sea , was wife to neptune , as ▪ s. austin hath it out of some of the old roman writers : though among the poets she generally pass by the name of amphitrite . pag. . lin . . amalasincta , artemisia , nicaula , &c. ] these brave ladies or she-heroes are famous upon record , and need not any thing further for their commendation , but their name . this artemisia mentioned here , was not the wife of mausolus , a vertuous and magnificent woman too , but another who lived in xerxes's time , a great commandress , in alliance with him . nicaula , it seems , though whence he learn't her name , i cannot tell , for scripture gives it us not ; was she , who is there called the queen of the south , a great admirer of solomon's wisdom . chap. xv. pag. , . the inscriptions , which are left un-englished , are only brought in , to evidence , that there were several roman colonies , beside that at maldon , called colonia victricensis , planted up and down in britain ; to wit , at york , at chester , at glocester , and i doubt not but at colchester too , no less than there was one at cullen in germany , as the very name of them both imports , colonia . and that ours hath an addition of chester to it , is usual to some other cities : colchester for colnchester , which in latin would be colonia gastri , or rather coloniae castrum , the castle or garrison of the colony . chap. xvi . pag. . lin . . now you for your part are gods vicegerent in the kingdom . ] they are the words of pope eleutherius in his letter to lucy , the first christian king , which was in the year of our lord . from whence we may fairly conclude , that in those early dayes , the pope of rome according to his own acknowledgement had no such pretensions as now for several ages since they have made , upon the rights of princes , to the great disturbance of the world , and reproach of christian religion . and indeed this is the more considerable , in that such was the simplicity of devotion in those early converts , and such the deference , which princes who embraced the christian faith , especially from the missionaries of rome , had for that holy see , as appears by this one single instance ; that it had been no hard matter , nor could be judged an unreasonable thing , for them to lay claim to a right , and assert a power , which was so voluntarily offered . further i add , that seeing the donation of constantine , besides that it was alwayes look't upon as a piece of forgery , was at best , supposing it true , but an imperial grant and concession , which would not be of authority enough to bear up the popes supremacy in all other kingdoms of the earth ; and seeing pope boniface , who was the first that with bare face own'd it , his complyance with phocas was so grosly wicked , that none of their own writers but are ashamed to make that transaction betwixt those two , an argument for the papal pretence : seeing , i say , it is so , if the pope be intitled , as their canonists pretend , to an universal dominion by vertue of his office , and by commission from christ and his chief apostle s. peter , how came it to pass , that the bishops of rome all along till boniface , were so modest , as not to challenge any such rights or powers ; nay , upon occasion to declare against such pretences , as antichristian ; which , if that be true , that the pope is by his office , and by a divine commission instated into a supremacy , was in effect no less , than to betray the cause of christ and his church : how came it to pass , that eleutherius should neglect such a seasonable and exemplary opportunity of maintaining and exercising his right , and should rather chuse to return it in a complement back to the king his convert ? vicarivs verò dei estis in regno , sayes he , you are god's vicar in your kingdom : which title now the pope doth with as much arrogance challenge to himself , as here one of his predecessors doth with modesty ascribe to the king. lin. . with the title of spectabilis . ] towards the declension of the roman empire , it was usual so to distinguish great offices with peculiar titles , as spectabilis , clarissimus , &c. so among the italians , magnifico to a senator of venice , illustrissimo to any gentleman , eminentissimo to a cardinal : so with us the term of highness is given to a prince of the blood , excellence to a vice-roy or a lord lieutenant and to a general of an army , grace to an arch-bishop and to a duke , honour to a lord , worship to an esquire , &c. chap. xvii . p. . lin . . fabius quaestor aethelwerd . ] why he calls him fabius quaestor , is at present past my understanding . did he take upon him a roman name ? was he in any such office as quaestor , i. e. treasurer or receiver general , wherein he behaved himself like a fabius ? or did he intitle his book by that name ? i am to seek . chap. xviii . pag. . lin . . whatsoever there was in pandora of good and fair. ] she was a woman made by jupiter's own order , and designed to be the pattern of female perfection : to which end all the gods contributed to the making of her several gifts , one wisdom , another beauty , a third eloquence , a fourth musick , &c. chap. xix . p. . lin . . wapentakes . ] which in some of our northern countreys is the same as we call other-where a hundred , from the saxon word waepen , i. e. arms , and tac , i. e. touch ; as one should say , a touching or shaking of their arms. for , as we read it in king edward's laws , when any one came to take upon him the government of a wapentake , upon a day appointed all that owed suit and service to that hundred , came to meet their new governour at the usual place of their rendezvouz . he upon his arrival , lighting off his horse , set up his lance an end ( a custom used also among the romans by the praetor at the meetings of the centumviri ) and according to custom took fealty of them . the ceremony of which was , that all who were present , touch't the governours lance with their lances , in token of a confirmation : whereupon that whole meeting was called a wapentake , inasmuch as by the mutual touch of one anothers arms , they had entred into a confederacy and agreement to stand by one another . this fashion , they say , the saxons took up from the macedonians their progenitors . others will have it from tac to take , and give this account of it , that the lord of the hundred at his first entrance upon the place was used to take the tenants arms , surrendred and delivered up to him by themselves , in token of subjection by way of homage . sir thomas smith differs from both these ; for he sayes , that at the hundred meeting , there was a muster taken of their weapons or arms ; and that those who could not find sufficient pledges for their good abearing , had their weapons taken away ; so that in his sense a wapentake is properly armilustrium , and so called from taking away their weapons or arms , who were found unfit to be trusted with them . l. . for the ceremony of the gown . ] he alludes to the roman custom , with whom the youth , when they arrived at mans estate , were then allowed to wear togam virilem , to put on a gown , the habit of men ; whereas before that , they were obliged to wear a coat peculiar to the age of childhood , called praetexta : whence papyrius , though yet a child , being admitted into the senate-house for his extraordinary secrecy and manly constancy , was called papyrius praetextatus . pag. . lin . . morgangheb . ] or morgingab , from morgin , which in high dutch signifies the morning , and gab , a gift ; to wit , that present , which a man makes to his wife , that morning he marries her . chap. xx. pag. . lin . . tityus his liver . ] a gyant , who for ravishing of latona was adjudged to have his liver after death prey'd upon continually by a vulture , which grew up again as fast as it was wasted . the equity of which punishment lay in this , that the liver is reputed the source and seat of all lusts and unlawful desires , and doth naturally , as some physicians hold , receive the first taint of venereal distempers ( the rewards of impure mixtures ) according to that of solomon , speaking of an adulterer , till a dart strike thorough his liver ; from whence they gather , that that , which we now call the french pox , was not unknow even in that age of the world. l. . prema and mutinus . ] this latter a title given to priapus , much-what such a god , as baal peor was ; the other a goddess forsooth much to the same purpose . for the old romans had gods and goddesses , as the present romans have saints , for every thing , for every action of life . but their offices were such , as the modest reader will easily excuse the want of explaining them . lin. . sayes progne to her sister philomel . ] tereus king of thrace having married progne daughter of pandion king of athens , when he went to fetch her sister philomel , ravished her by the way on ship-board ; which occasioned a bloody revenge in the murder of his son itys . at last they were turned all four into so many several sorts of birds ; progne into a swallow , philomel into a nightingale , tereus into a lapwing , and itys into a pheasant . chap. xxi . pag. . lin . . with head-money called wergild . ] a word compounded of the saxon were , the price or value or worth of a man , and geld or gild , a payment . that is , he that had killed another , was to buy off his life , by paying the full value of the person slain . the prizes or rates are set down in ethelstan's laws , by thrimsa's , a kind of coyn , or piece of money , of the value of three shillings , saith mr. lambard ; which being reduced to our sterling stand thus . a peasant , l. s. a thane , or one in orders , l. a general , or chieftain , l. a bishop , or alderman , l. an arch-bishop , or peer , l. and a king , l. half of which last summ was to go to the kindred , and the other half to the publick . and these rates are set , he sayes , by the common law of the english. the reason of this pecuniary compensation , was their tenderness of life , that two men might not dye upon the account of the same mischance , according to that saying in an ancient law , nulla sit culpa tam gravis , ut vita non concedatur , propter timorem dei. but yet withal in some cases of premeditated or clandestine murder , they were not excused from making satisfaction with their life ; or in case one were not able to pay the were , or fine , he was punished with death . i called this head-money , because in latine it is termed capitis aestimatio , the value or price of a mans head : not in that sense as either chevage or poll-money is so called . chap. xxii . pag. . lin . . in the margin caxton is quoted , a book , it seems , rare ; of which he saith , that book , that goes up and down by this name , mr. war in townsend of lincolns-inn , a gentleman noble by his descent and learning both , very friendly lent me for my use in a very fair manuscript ; which courtesie of his , i cannot but think it a foul shame for me , not to own and acknowledge with all thankfulness . pag. . lin . , . even now in the time of those that are called the good. 't is william of malmesbury , whom he quotes ; etiam nunc tempore bonorum . whether he mean good princes , who would have those laws observed , or honest subjects , who would observe them , or whether there were any sort of men in his time that went by that character of boni , good men , is more than i have to say . there was at one time a sort of religious persons , that went by the name of bon hommes ; but that can have nothing to do in this business . chap. xxiii . pag. . lin . . every native home-born lawful man. ] in the latin it is indigena legalis , in the saxon law-term it is inlaughe or inlaugh , that is , one that is under the law , inlagatus , who is in frank pledge , or belongs to some court leet : as all males from twelve years old and upwards were obliged to be . so bracton tells us . lin. . decenna . ] the same as decuria , which is generally rendred a tithing , i.e. a company of ten men with their families , all of them bound to the king to answer for one anothers good and peaceable behaviour . from the latin word it is called a dozein , and the people that belong to it are called deciners or dozeniers , that is , decennarii . the chief of them is termed decurio or decanus friburgi , the tithing-man or headborough . and all males of twelve years age and upwards ( except nobles and religious persons ) were obliged to be of some dozein or other . but now there are no other dozeins but leets , and no other security there given for the kings peace , but the persons own oath . lin. . friborgh . ] from the saxon freo , free , and borgh ▪ a surety or security : or , as some write it , fridburgh , from frid , peace , and burgh , a surety . if it be taken for the person , it is the same that a deciner ( we now spoke of ; ) if for the action , it is their being sureties for one another : if for the company of these mutual ingagers , 't is the same as decuria , a tything , in saxon tienmannatale , i. e. the number of ten men . the normans retained the same custom , but altered the name , calling it frankpledg , from the french , frank , i. e. free , and pledg , i. e. surety . and the compass or circuit of this frankpledg the same as that of friburg , to wit , the decenna or dozein , i. e. ten housholds . lin. . manupastus . ] of this bracton sets down a rule for law , that every person , whether free-man or servant , either is or ought to be in frank-pledge or of some bodies mainpast . now he is of ones mainpast , saith he , who is allowed victuals and clothes , or victuals only and wages . and this was the reason , why great men were not obliged to be of any ordinary dozein , because bishops , earls and barons , as the same bracton informs us , ought to have their menial servants in their own friborgh , and to answer to the king for their behaviour , and to pay what forfeits they should make , if they had not the persons themselves forth-coming . and this , sayes he , is the case of all those who are of any ones mainpast . chap. xxiv . p. . lin . . john scot erigena . ] a school-man famous for his subtilty , called in latin , johannes duns scotus . whether duns were the name of his family , as it might be , johannes de dunis , which in english would be john downs ; or whether it were a nickname given him for his slovenliness and seeming blockishness , from the word dunce , which in barbarous latin is dunsa , ( for so in camden's remains we find the emperour charles , as i take it , putting that question to him , as he sate at table over against him , quid interest inter scotum & sotum , what difference between a scot and a sot ? to which he as freely replyed , mensa , the table , sir ) i shall not determine . but scotus or scot , is the name of his countrey , he being a scotch-man , and for that reason called also erigena , that is , irish born , to wit , a highlander ; for those people were originally irish , and came out of that island over into the north parts of scotland . now ireland is by several authors greek and latin called ierna , and by the inhabitants themselves erin . l. . the goddess anna perenna . ] the lady president of the year , anna ab anno ; to whom they addrest their devotions , that she would perennare , that is , preserve and continue health and plenty and prosperity from year to year ; for which reason she was called anna perenna . now our author here brings in long-lived nestor and this goddess , to shew that those good fellows in quaffing of healths , do wish muchos annos , as the spaniard saith , many and many a years life to their absent friends , while in the mean time by tossing off so many bowsing canns , they shorten their own lives . pag. . lin . . englescyre . ] or englecerie , that is , the being an english-man . for there was a law made by king knute in favour of his danes ( and so afterward it was interpreted in behalf of the francigenae , french-men , or whatever foreigners ) that if any such were privily murdered or slain , the village , where the fact was done , should be amerced in a lusty fine to the king , unless they could prove englecerie , that is , that the murdered person was an english-man , one born of english parents , in which case there was no fine levied . so that the danes and french , when they governed here , provided they might secure themselves from the english , were well enough content to let them destroy one another . chap. xxv . pag. . lin . . an olympiad . ] an account of time used by the greeks , consisting of four years , so called from the olympick games , which were celebrated in honour of jupiter olympius every fifth year . this reckoning began first in the year of the world three thousand one hundred seventy four . in the second book . chap. i. pag. . l. . by right of fréehold . ] allodii jure , that is , by a mans own right , without acknowledgment of service or fealty , or payment of rent to any other as a superiour lord. in which respect it is opposed to an estate in fée , wherein though a man hath a perpetual right to him and to his heirs for ever , yet seeing he owes a duty and service for it , it cannot be said properly and simply to be his own . and such are all mens estates here in england , but the kings in the right of his crown , who cannot be supposed to hold of another , or to owe fealty to any superiour , but to god only . lin. . vnder military service . ] or knights service , that is , to find the king such a number of men and arms in time of war , as it is here expressed . see cowell in the word chivalry . indeed the clergy before the conquerour in the time of the saxons ( as we find it in the five and twentieth chapter of the first book ) were allowed to be free from secular services , but with an exception and reserve however of these things , to wit , expedition , repairing of castles and building of bridges , from which last duty the high-priests among the romans were called pontifices , i. e. bridge-makers . now this bringing of the bishops baronies under knights service , was sure enough design'd to engage them into a close dependence upon the crown , and to take them off from hankering after any forreign power , to which they might pretend to owe any subordination ; as all along the times of popery , out of reverence to the holy see , they were forward enough upon occasion to think themselves obliged to do , even to the high discontent and great disservice of their kings . chap. ii. pag. . lin . . ready money . ] so i render viva pecunia : which though spelman saith it is so called , that it may the more expresly signifie pecudes , i. e. cattle ; yet he doth not to me , i confess , make out by any fair instance that it doth ever so signifie ; and that it cannot be taken in that sense here , is plain from what immediately goes before , quot animalia , imò quantum vivae pecuniae quisque possidebat : where animalia living creatures include pecudes the cattle . chap. iii. pag. . lin . . boseham . ] what earl godwin's trick was , or wherein the conceit lay , i cannot at present well imagine , unless it were in the equivocation or misunderstanding of the word boseham , as it falls in with the word bosom in the pronunciation and sound of it ; thus . supposing the earl at meeting of the arch-bishop , coming up to him upon pretence of saluting him said , give me your boseham , my lord ; to which the arch-bishop thinking belike , he might , by way of desiring his pastoral embrace , mean only his bosom , readily made answer , i give you my bosom ; which the earl with a cunning fetch interpreted a grant of his estate of boseham . pardon , reader , my mistake , if it be one ; since i have no better account , from my own guess , to give , meeting with no help from our law-dictionaries . chap. iv. p. . lin . . the first sheriffs of counties . ] a sheriff or shyrereed signifies the governour of a county , called in latin vice-comes , as deputy to the count or lord or chief man of the county ; though even in the confessor's time he was reckoned the kings officer , and not the counts . this office , as mr. camden tells us , was first set up by king alfred , who also divided england into counties , and those counties again into hundreds and tythings . lin. . other judges without appeal . ] this should seem to be the court of chancery : for which reason the lord chancellor is said to keep the kings conscience , as here these judges are compared to the kings bosom . lin. . acting a busiris his part . ] i. e. treating strangers ill ; he being a cruel tyrant of egypt , who slew strangers , and sacrificed them to his gods : whence the proverb , busiridis arae . pag. . lin . . that he should pay it at the scale . ] that is , should pay it by weight , or according to full weight . chap. vi. pag. . lin . . being lord chief justice of the whole kingdom . ] in the latin it is thus expressed ; totius regni placitator & exactor : where i confess the former title of the two gave me the occasion of my mistake , as if he had been chief justice of the common pleas : whereas i should rather have rendred it thus ; who had been ( to wit , in king rufus his time ) pleader or demander and receiver of the kings duties throughout the whole kingdom . for such an officer this exactor regius was , otherwise called grasio . see spelman upon both those words . lin. . in the times of the saxons a hereot . ] this at first was a tribute given to the lord for his better preparation towards war ; but afterward though the name were kept , the thing was altered , being taken for the best chattle , that the tenant hath at the hour of his death , due to the lord by custom , be it horse , ox , &c. that hereot and relief do not signifie the same thing , appears by this , that they are both often sound to be paid out of one and the same tenure , and again that the heir alway succeeds into the estate upon the payment of the relief , but not alwayes upon the payment of the hereot . lin. . in french is called a relief . ] from the verb relever , to raise again and take up the estate which had faln into the lords hand by the death of the ancestor . it is a summ of money , which the new homager , when he is come to age , payes to the lord for his admission or at his entrance into the estate . whence by the old civilians 't is called introitus , and in greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this summ was moderately set ; wherein it differed from ransom , which was much more severe . the kings rates upon his homagers were thus : an earls heir was to give an hundred pounds , a barons an hundred marks , a knights an hundred shillings at most ; and those of lesser estate less , according to the ancient custom of their tenures : as spelman quotes it out of the charter of henry the third . pag. . lin . . of the greater uavasors . ] they were a sort of gentlemen next in degree to the barons . they did not hold immediately of the king , but of some duke , marquess or earl. and those that held from them again , were called valvasini , or the lesser vavasors . there is little certainty what their offices or priviledges were , or indeed whence they were so called ; whether qu. ad valvas stantes , or valvae assidentes , for their sitting or standing at their lords door , ( if those of that quality did so ) as some would have it ; or that they kept the doors or entrances of the kingdom against the enemies , as spelman sayes ; or whether from vassal●i , as the feudists derive the name , from that inferiour tenure they had mediately from the king by his great lords ; which seems the more likely , because these greater vavasors , who did so hold , are sometimes termed valvasores regii and vassi dominici , that is , the kings vassals . lin. . her dowry and right of marriage . ] in the latin it is dotem suam & maritagium . now dos is otherwise taken in the english , than in the roman laws ; not for that which the man receives with his wife at marriage , a portion : but for that which the woman hath left her by her husband at his death , a dowry . and maritagium is that which is given to a man with his wife , so that 't is the same as dos among the romans , saith spelman . but this is too general , i think , that the man should be obliged to return at his death all to his wife that he had with her , beside leaving her a dowry . i am therefore rather inclined to cowell , who tells us , maritagium signifies land bestowed in marriage ; which , it seems , by this law was to return to the wife , if her husband dyed before her . the word hath another sense also , which doth not belong to this place , being sometime taken for that which wards were to pay to the lord for his leave and consent that they might marry themselves , which if they did against his consent , it was called forfeiture of marriage . lin. . the common duty of money or coinage . ] so i render the word monetagium . for it appears , that in ancient times the kings of england had mints in most of the countreys and cities of this realm . see cowell in the word moniers . for which priviledge , 't is likely , they paid some duty to the chief place of the mint . thus in doom●sday we read , as spelman quotes it , that in the city winecestre every monyer paid twenty shillings to london ; and the reason given , pro cuneis monetae accipiendis , for having stamps or coins of money . for from this latin word cuneus ( which our lawyers have turned into cuna , from whence the verb cunare ) comes our english word coyn. now it is more than probable , that the officers of the chief mint might by their exactions upon the inferiour mints give occasion for the making of this law. lin. . or children or parents . ] by parent here we are to understand not a father or mother , but a cousin , one a-kin ; as the word signifies in french , and as it is used in our laws . and indeed the latin word it self began to have that sense put upon it in vulgar speech , toward the declension of the empire , as lampridius informs us . pag. . lin . . a pawn in the scarcity of his money . ] that is , if he were not able to pay his forfeit in specie , i. e. to lay down the money , he was to give security by a pawn of some of his goods or chattels . see cowell in the word gage . this in latin is called vadium , a pawn or pledge , from vas , vadis , a surety . hence invadiare , to pawn or ingage a thing by way of security , till a debt be paid . lin. . nor shall he make amends . ] from the french amende , in our law-latin emenda : which differs from a fine ( or mulct ) in this , that the fine was given to the judge , but amends was to be made to the party aggriev'd . now there were three sorts of this amende , the greater which was like a full forfeiture , the mid-one at reasonable terms , and the least or lowest which was like a gentle amercement . this distinction will help to explain the meaning of this law. l. . per fée de hauberke . ] this in latin is called feudum hauberticum , i. e. loricatum , sayes hotoman , from the french word haubert , that is , a coat of mail , when a vassal holds land of the lord on this condition , that when he is called , he be ready to attend his lord with a coat of mail or compleat armour on . now haubert , as spelman tells us , properly signifies a high lord or baron , from haut or hault , high , and ber ( the same as baro ) a man or baron . and because these great lords were obliged by their place and service to wait upon the king in his wars on horse-back with compleat armour , and particularly with a coat of mail on : hence it came , sayes he , that the coat of mail it self was also called haubert ; though he doth afterward acknowledge that the word is extended to all other vassals , who are under that kind of tenure . but then at last he inclines to think , that the true ancient writing of the word is hauberk ( not haubert ) as it were hautberg , i. e. the chief or principal piece of armour ; and berg he will have to signifie armour , as he makes out in some of its compounds , bainberg armour for the legs , and halsberg armour for the neck and breast : and derives it from the saxon beorgan , i. e. to arm , to defend . add to this , saith he , that the french themselves ( and we from them ) call it an haubergeon , as it were haubergium . lin. . from all gelds . ] the saxon word geld or gild signifies a tribute or tax , an amercement , a payment of money , and money it self : whence i doubt not , but the best sort of money was called gold. it is from the verb geldan or gyldan , to pay . in latin it is geldum , and not gilda , as cowell writes it . for this signifies quite another thing , a fraternity or company of merchants or the like . whence a gild-hall , that is the hall of the gild or society : such as was once the stilyard , called gildhalla teutonicorum , the gild-hall for the dutch merchants from the hanse-towns . chap. vii . pag. . lin . . iphis and ianthis and ceneus . ] persons mention'd by ovid , who changed their sex , from female to male. iphis was a maid of creet , who after her metamorphosis when she turn'd to man , took ianthe to wife : and caenis ( for that was her maiden name ) was a thessalian girl , whom neptune made a whore of first , and then at her request a man , who thenceforward went by the name of caeneus . lin. . cheats , whom they commonly call coyners . ] in malmesbury's latin , trapezitas , quos vulgò monetarios vocant . which bare citation is all the account , that spelman gives of the word monetarius . it doth properly signifie an officer of the mint , that makes and coyns the kings money ; a monier . but here by the historian's implying that such fellows , as this law was made against , were falsarii , cheats , and by our author 's terming of them adulteratores monetae , counterfeiters of coyn : we must understand them to be false coyners , clippers , washers , imbasers of the kings coyn , and the like . and therefore i render'd trapezitas ( which otherwise is a word of innocent meaning for money-changers , bankers , &c. ) in the historian's sense cheats . chap. viii . pag. . lin . . every hide of land. ] it is so called from the saxon word hyden , to cover ; so that thus it would be the same as tectum in latin , a dwelling-house . and thus i question not , but there are several houses called the hide : for i know one or two my self so called , that is , the capital messuage of the estate . nor is it so confined to this sense , but that it takes in all the lands belonging to the messuage or manour-house , which the old saxons called hidelandes , and upon some such account no doubt hidepark had its name , as a park belonging to some great house . now as to the quantity , how much a hide of land is , it is not well agreed . some reckon it an hundred acres , others thereabouts , by making it contain four yardlands , every yardland consisting of twenty four acres . the general opinion is , that it was as much as could be ploughed with one plow in a year , terra unius aratri culturae sufficiens . and thus it should be much what the same as carrucata terrae , i. e. a plough-land . from bede , who translates it familia , they gather it was so much as could maintain a family . there is mention made of these hides in the laws of king ina , an hundred years before king alfred , who divided the countrey into counties or shires . and taxes and assessments were wont to be made according to these hides ; up as high as king ethelred's time in the year of our lord . since the conquest , william the first had six shillings for every hide in england , rufus four , henry the first here three for the marriage of his daughter . pag. . lin . . this right is called wreck . ] i. e. by which the king claims shipwrack't goods cast on shoar . for though by the law of nature such things , as being nullius in bonis , having no owner , every one that finds them may seem to have a right to them ; yet by the law of nations they are adjudged to the prince as a special priviledge by reason of his dignity . now wreck ( or as the french call it varec ) properly signifies any thing that is cast on shoar , as amber , precious stones , fishes , &c. as well as shipwrack't goods : from the saxon wraec , i. e. any thing that is flung away and left forlorn ; though use hath limited the word to the later sense . chap. ix . pag. . lin . . the roman laws were banisht the realm . ] i suppose there may be some word missing or mistaken in the latin , à regno jussae sunt leges romanae : but that which follows , the forbidding of the books , obliged me to that interpretation : for why should the books of those laws be prohibited , if the laws themselves were ( as the latin reading seems to import ) ordered and ratified by the realm . wherefore i suppose some mistake , or omission , and for à regno jussae , read à regno pulsae or exulare jussae , &c. unless you would like to have it thus rendred , commanded out of the kingdom : which i confess would be a very odd unusual construction . chap. x. pag. . lin . . three hundred marks of gold. ] a mark weigh'd eight ounces , and as cowell states it out of stow , it came to the value of l. s. d. at this rate three hundred marks of gold come to five thousand pound ; and to every bishop five marks , supposing only ten bishops , come to l. s. d. which is a very unlikely summ in this business . 't is true , the value of it , as of other coyns and summs , might vary . and so we find in spelman , that an uncertain author reckons a mark of gold to be worth fifty marks of silver . but then 't is as uncertain , what marks of silver he means . for if they be such as ours are ( and as they were in king john's time ) at s. d. then a mark of gold will be of the value of l. s. d. which is just double to the former value of l. s. d. ( which being resolved into marks of silver , makes but . ) but in ancient times a mark of silver was only s. d. so that fifty of them will make but l. s. another instance we meet with , where one mark of gold is accounted equivalent to ten marks of silver ; which taking a mark for s. d. comes to l. s. d. another , where nine marks of silver pass for one mark of gold , in a payment to the king : which is just six pound . and these three last accounts agree pretty well together . taking the middlemost of the three , viz. a mark of gold at ten marks of silver ; thus the above named summ of three hundred marks of gold , that is , three thousand marks of silver amounts to two thousand pound ; and the five marks to every bishop ( supposing but ten bishops ) come to l. s. d. but if we take these marks of silver at s. d. the account will grow much less . for ten such marks are but l. s. so that the three hundred marks of gold at this rate will come but to l. sterling . but that these marks of the ancient and lower estimate are not here intended , may probably enough be gathered from one passage more we find there , centum solidi dentur vel marca auri , where , if solidi stand for shillings ( for they may be taken for soulx as the french call them ) a mark of gold is made of equal value with l. sterling . and thus three hundred marks of gold come to fifteen hundred pound . i confess after all , most of these accounts of the mark , gold or silver , may be admitted of , as having possibly at some time or other been true ; since mony , both in its coyns and summs , hath in several ages of the world , risen , and fallen according to its plenty or scarcity . lin. . being arighted and accused of any matter . ] or rather in the law-spelling arrested ; in latin rectatus , that is , ad rectum vocatus , convened before a magistrate and charged with a crime . thus ad rectum habere , is in bracton , to have a man forth coming , so as he may be charged and put upon his tryal . it may be also rendred , taken upon suspicion . it is written sometime retatus and irretitus . pag. . lin . . to give suretiship for the remainder . ] i confess i do not well know how to apply to this place that sense , which our common law takes the word remainder in , for a power or hope to enjoy lands , tenements or rents after anothers estate or term expired ; when an estate doth not revert to the lord or granter of it , but remains to be enjoyed by some third person . what if we say , that as bishops could not ( because their estates are of alms ) grant any part of their demeans ad remanentiam , for ever or to perpetuity , so here excommunicate persons were not obliged dare vadium ad remanentiam , to find sureties for continuance or for perpetuity , that is , for their future good behaviour , but only to stand to the judgement of the church in that particular case for which they were at present sentenced . chap. xi . pag. . lin . . if a claim or suit shall arise . ] in the latin , si calumnia emerserit , a known and frequent word in our law , which signifies a claim or challenge , otherwise termed clameum . lin. . till it shall by plea be deraigned . ] or dereyned : which is in french dereyné , in the latin , disrationatum , which as it hath several significations in law , so here it imports , after a full debate and fair hearing , the determination of the matter by the judgement of the court. chap. xii . pag. . lin . . by the name of yumen . ] the same say some , as the danes call yong men . others derive the word from the saxon geman , or the old dutch gemen , that is , common , and so it signifies a commoner . sir tho. smith calls him yoman , whom our laws term legalem hominem , a free-man born ( so camden renders it by ingenuus ) who is able to spend of his own free land in yearly revenue to the summ of forty shillings , such as we now , i suppose , call free-holders , who have a voice at the election of parliament-men . but here the word is taken in a larger sense , so as to include servile tenure also or villenage . chap. xiii . pag. . lin . . leude-men . ] from the saxon leod , the common people . it signified in law a subject , a liege man , a vassal , a tenant : hence in high-dutch a servant was called leute , in old english a lout . but in common acception lewd was formerly taken for a lay-man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one of the people , or for any illiterate person . now it is used to denote one who is wicked or loose and debauched . chap. xiv . pag. . lin . . the states of the kingdom , the baronage . ] he means the whole parliament , and not only the house of lords by the word baronage . for though by barons , now we properly understand the peers of the realm ; yet anciently all lords of manours , those who kept court-baron , were styled barons : nay spelman tells us , that all free-holders went by that name before the free-holds were quit letted out into such small pittances , as now they are , while noble-men kept their lands in their own hands , and managed them by their vassals . cowell gives this further account of those lords of manours , that he had heard by men very learned in our antiquities , that near after the conquest all such came to parliament , and sate as nobles in the upper house . but , as he goes on , when by experience it appeared , that the parliament was too much pestered with such multitudes , it grew to a custom , that none should come but such as the king , for their extraordinary wisdom or quality , thought good to call by writ , which writ ran hâc vice tantùm , that is , only for this turn . so that then it depended wholly upon the kings pleasure . and then he proceeds to shew , how after that they came to be made barons by letters patents , and the honour to descend to their posterity . lin. . by way of safe pledge . ] that is , to oblige them to give security for the parties appearance against the day assigned ; who in case of default were to undergo the dammage and peril of it . pag. . lin . . st. peter's pence . ] these peter-pence were also called in saxon , romescot and romefeoh ( that is , a tribute or fee due to rome ) and rome-penny and hearth-penny . it was paid yearly by every family ( a penny a house ) at the feast of s. peter ad vincula on the first day of august . it was granted first , sayes our author out of malmesbury , by ina or inas king of the west-saxons , when he went on pilgrimage to rome , in the year of our lord . but there is a more clear account given by spelman ( in the word romascot ) that it was done by offa king of the mercians , out of an author that wrote his life . and it is this , that offa after thirty six years reign having vowed to build a stately monastery to the memory of st. alban the british protomartyr , he went on pilgrimage to rome , adrian the first then pope , to beg indulgences and more than ordinary priviledges for the intended work . he was kindly received , and got what he came for ; and the next day going to see an english school , that had been set up at rome , he for the maintenance of the poor english in that school , gave a penny for every house , to be paid every year throughout his dominion , ( which was no less than three and twenty shires at that time ) only the lands of s. alban excepted . and this to be paid at the feast of s. peter , because he found the body of the martyr on that day , for which reason it was also called s. peter's penny. and although at last these peter-pence were claim'd by the pope as his own due and an apostolical right , yet we find , that beside the maintenance of a school here mentioned , for which they were first given , they have by other kings been appropriated to other uses . thus we read that athelwolf father to king alured , who was the first monarch of this isle , granted three hundred marks ( the summ total of the peter-pence here , bating only an odd noble ) to be paid yearly at rome . one hundred for the honour of s. peter , to find lights for his church : another hundred for the honour of s. paul on the like occasion : and the third hundred for the pope's use to enlarge his alms. this was done in the year . when leo the fourth was pope . lin. . thirty pence of live money . ] possibly the worth or value of thirty pence in goods and chattels . king offa , in his grant thus words it , quibus sors tantum contulit extra domos in pascuis , ut triginta argenteorum pretium excederet ; who had an estate besides houses in lands , which might exceed the value of thirty silver pence . lin. . out of a rescript of pope gregory . ] we have the whole letter set down in spelman , which speaks in english thus , gregory the bishop , servant of the servants of god , to his worshipful brethren the arch-bishops of canterbury and york , and to their suffraegans , and to his beloved sons the abbots , priors , arch-deacons and their officials , appointed throughout the kingdom of england , unto whom these letters shall come , greeting and apostolical benediction . in what manner the pence of s. peter , which are due or owing to our chamber , are to be gathered in england , and in what bishopricks and dioceses they are owing , that there may arise no doubt on this occasion , we have caused it to be set down in this present writing , according as it is contained in the register of the apostolick see. out of the diocess of canterbury seven pounds and eighteen shillings sterling : out of the diocess of london sixteen pounds , ten shillings . and so of the rest . yeoven at the old city , april . in the second year of our popedom . there is some difference though in the account of the dioceses . for after lincoln he leaves out coventry and puts chichester for chester , l. and then after bath he puts in salisbury and coventry ( with a mistake l. s. for s. ) and leaves york last . besides every body knows there are more dioceses now than were then . this was gregory the fifth that wrote this , and it was ( our author tells us ) in the time of king edward the second . but edward the third in the year of the lord . and of his reign . forbad these peter-pence to be paid any more at rome , or to be gathered any longer in england . chap. xv. pag. . lin . . into six provinces or circuits . ] as they are for number still , with two judges a piece , though at first three . how these differ from what they now are , as to the counties , the reader may easily satisfie himself . here are thirty seven of them , as we now reckon : only with this difference , that monmouth and rutland are left out , and richmond and copland are put in . pag. . lin . . and if he perish , i. e. sink , let him lose one foot . ] for that in this tryal by water , was the sign and proof of guilt , if the party thrown in did not swim , which is quite contrary in the tryal of witches : as you will find in the next chapter , which treats of ordeals . lin. . the kings great assise . ] assise is a word , that hath many significations in our law. it is here in the title taken for a statute ; the assises ( i. e. the statutes and ordinances ) of king henry made at clarendon . but in this place it is used for a jury ; and it is either the great or grand assise , which serv'd for the right of property , and was to consist of twelve knights ; or the petty assise , which served for the right of possession only , and was made up of twelve lawful men . chap. xvi . pag. . lin . . the superstitions and fopperies . ] these you have also in sir h. spelman , with an incipit missa judicii , which shews that the church of rome did once approve of these customs , which since she hath condemned , notwithstanding her pretence of being infallible . i would to god , she would deal as ingenuously in throwing off those other errors and corruptions , we do so justly charge her with . chap. xvii . pag. . lin . . hogenhine . ] or agen-hyne , that is , ones own servant . it is written also home-hyne , that is , a servant of the house . lin. . holding in frank pledge . ] the latin is francus tenens . wherefore amend the mistake , and read holding in frank fee. for frank pledg is a thing of another nature , as belonging to a mans behaviour and not to his tenure . now frank fee is that which is free from all service , when a man holds an estate at the common law to himself and his heirs , and not by such service as is required in ancient demesne . pag. . lin . . the falcidian law. ] so named from one falcidius , who being tribune of the people in augustus his time , was the maker of this law. lin. . twenty pounds worth of land in yearly revenue . ] so i render . libratae terrae . for although cowell in proportion to quadrantata , or fardingdeal of land , which he saith is the fourth part of an acre , seem● at first to gather that obolata then must be half an acre , denariata a whole acre , and by consequence solidata twelve acres , and librata twenty times twelve , that is , two hundred and forty acres : yet this was but a conceit of his own . for by having found the word used with reference to rent as well as land , thus . libratas terrae vel reditûs , he is forced to acknowledge , that it must signifie so much land as may yield twenty shillings per annum . to which opinion spelman also giv● his assent . but what quantity of land this librata terrae is , cannot so easily be determined . cowell out of skene tells us , it contains four oxgangs , and every oxgang thirteen acres : if so , then it is fifty two acres , and twenty of them , which make a knights fee , come to one thousand and forty acres , which somewhat exceeds the account here set down of six hundred and eighty out of the red book of the exchequer . but there is a great deal of more difference still , as the account of the knights fée is given by others . in one manuscript we read , that a yardland contains twenty four acres , four yard-lands make one hide , ( that is , ninety six acres ) , and five hides make a knights fee , ( that is , four hundred and eighty acres ) the relief whereof is a hundred shillings . another manuscript hath it thus , ten acres according to ancient custom make one fardel , and four fardels ( that is , forty acres ) make a yardland , and four yardlands ( that is , one hundred and sixty acres ) make one hide , and four hides ( that is , six hundred and forty acres ) make one knights fee. a third reckons it otherwise , that sixteen yard-lands make a whole knights fee ; which if we make a yard-land to be twenty four acres ( according to the first account ) com●s to three hundred eighty four acres ; but if ( according to the second ) we take it for forty acres , it amounts to six hundred and forty acres . and , saith he , when they are taxed at six shillings four pence ( that is , every of the sixteen yard-lands , which make up the fee , at so much ) they make the summ of one hundred shillings ( or five pound , which was the ancient relief of a knights fee. ) but this is a mistake either of the author or the citation ; it is six shillings three pence , which makes that just summ ; from whence we learn also what proportion was observed by the lord in setting and demanding of the relief upon the next heir after his ancestor's decease . further in the kings writ , as glanvil cites it , it is said , that twelve plough-lands make one knights fee : which , allowing to a plough-land one hundred & twenty acres , amounts to one thousand four hundred and forty acres . in the main , as to the value of a knights fee , 't is enough what cowell tells us , that it was so much inheritance , as was sufficient yearly to maintain a knight wi●h convenient revenue , which in henry the thirds dayes , camden sayes , was fifteen pounds , and sir thomas smith rates at forty . but to confirm the account , which our author here gives us , we find in the statute for knights in the first of edward the second , that such as had twenty pounds in fee , or for term of life per annum , might be compelled to be knights . and as to the various measure of land ( of which we have had a remarkable instance in this business before us ) spelman hath given us good reasons for it ; since where the land was good , they might probably reckon the fewer acres to a yard-land , a hide , a knights fee , &c. and where it was barren , they might allow the more . beside , that some lords , who lett these fees , might be more bountiful and profuse , others more parsimonious and severe to their dependents ; and that the services which were imposed upon these fees , might in some mannors according to custom be lighter , in others upon agreement and covenant more heavy . all which might strangely diversifie the account , as to the quantity or measure of those lands , which were to make up a knights fee. chap. xviii . pag. . lin . . a little habergeon or coat of 〈◊〉 ▪ in latin halbergellum , a diminutive from the saxon halsberg , armour for the neck and breast . it is written also haubergellum and hambergellum . they mistake themselves , who translate it a halbert , in french halebarde , anoffensive weapon , for a coat of mail , which is armour of defence , in french haubert or hauberk ; whence fée de hauberk , which we have already explained somewhere before . lin. . a capelet of iron . ] a little iron or steel cap instead of a head-piece or helmet , which the better sort wore . for by comparing this with the two fore-going sections , we find they were to have a difference of arms according to their different quality and estate . lin. . a wambais . ] wambasium or wambasia , so called , i suppose , because it reached over the belly or womb , was a jacket or coat of defence , used in stead of the coat of mail , perhaps like unto our buff-coats , though probably not of leather only , but of any other material , as the wearer should think fit . pag. . lin . . timber for the building of ships . ] in latin here , mairemia ; written also meremia and meremium and maremium and muremium , from the french meresme , timber to build with . lin. . stercutius . ] saturn so called , as being the first inventer of dunging land. lin. . vnder the title of free-men . ] here the author himself hath in the latin added a marginal note , which i thought fit to remove to this place . he saith , that among the ancient germans the alway free , the middlemost free , and the lowermost free were , as it were , the classes and several ranks of the lesser nobles , i. e. of their gentry . for the title of nobless ( as also in our vulgar language ) was given only to princes and great men. and for this he quotes munster . cosmog . lib. . chap. xix . pag. . l. . in the borders of the carnutes . ] a people of france , whose countrey is called chartrain , and their chief city chartres , about eighteen leagues from paris eastward . that town eight miles off , called dreux ( in latin drocum ) was so named from the druids , who dwelt there at first , and likely enough afterward often resorted thither . p. . l. . of the three estates , the king , the lords , and the commons . ] there are indeed three orders or estates acknowledged by true divines and sound lawyers in the english government ; to wit , the lords spiritual , the lords temporal , and the commons of england . but the fundamental mistake of our learned author is , that he hath joyned those two sorts of lords ( whose very character shews them to be of a distinct species , though as to the publick welfare and the kings service they ought to be of one and the same interest ) into one estate , and to make up the third estate , thought himself obliged to bring in the king himself for one , who is lord paramount over all the three ; and by this means ipsam majestatem in ordinem redigere . i call this a fundamental mistake , as a most probable ground of rebellion ( as it was in the barons wars , and in our late civil broils ) inasmuch as if the king make one of the three estates , as they fancy he doth , and hath ( as they do from thence conclude he hath no more ) but a co-ordinate power with both or either of the other two estates ; that then it is lawful for both or either of those estates , in case of publick grievances to quarrel the king ( their co-ordinate ) if he will not give way to their redress ; that is , if he will not consent to do what they would have him to do ; and upon his refusal of so doing , to raise war against him , to sequester and murder his loyal adherents , to destroy his royal person ; and finally , if he escape the hazards of battel , when they get him into their hands , to bring him to account for a pretended male administration , and the violation of a trust , which god and not the people put into his hands ; and having gone so far , that they may , if possible , secure themselves , to put the monarch to death , and to extirpate monarchy it self . this was the ground and method of our late republican policy and practice . wherein yet they did not foresee what examples they set against themselves , supposing this doctrine of the three estates in their sense to be true , and that king , lords and commons had an equality of trust and parity of power , that the same outrage , which the rump-commoners acted against the king , to the destroying of him , and against the lords , to the outing of them , and voting them useless and dangerous ( as to their share of government ) might one time or other be more plausibly promoted , and more effectually put in execution by one or both of the other two estates , with the help and assistance of great numbers of the commoners ( as there ever will be in such national divisions ) against themselves and all men whatever of such pernicious and destructive principles . no. this false doctrine , i hope , will never obtain among us ; and our english government is so well constituted , that our lords spiritual and temporal and our worthy commoners , will find it the interest of themselves and their posterities , that they will ever have that duty and deference to our soveraign , as may secure him and us , and discourage the designs , and defeat the attempts of all such as wish ill to his honour and safety , or to the publick peace . besides , is it rational to imagine , that the king , whose absolute right by law it is , to convene the estates , when and where he thinks fit , to call and dissolve parliaments , as he pleases : in a word , that he , in whose name all justice is administred , in whose hands the militia is , and by whose authority alone the subjects can take up arms , should stand only in a co-ordination of power with any other persons whatsoever or however assembled or associated within his dominions ? this flaw i could not but take notice of in our great author , and that only with an intention to undeceive the unwary reader , and not to reflect upon his memory , who though he kept along a great while with the long parliament , yet never appeared in action for them , that ever i heard , much less used or owned that virulence and violence , which many others of that ill body of men judged necessary for their proceedings . chap. xx. pag. . lin . . alderman of england . ] the word alderman , in saxon , ealdorman , hath various acceptions , so as to signifie all sorts almost of governours and magistrates . so matth. . . the princes of the gentiles , in the saxon translation are called ealdormen ; and holofernes , i remember , the general of the assyrian army , is in an old english translation called the alderman of the army . so aethelstan ( whose younger son this ailwin was ) being duke or captain general of the east-saxons is in this book of ramsey styled alderman . the most proper importance of the word bears up with the latin senator , i. e. parliament-man ; as the laws of s. edward make out . in like manner , say they , heretofore among the britons , in the times of the romans , in this kingdom of britanny they were called senators , who afterwards in the times of the saxons were called aldermen ; not so much in respect of their age , as by reason of their wisdom and dignity , in that some of them were but young men , yet were skilled in the law , and beside that , were experienced persons . now that alderman of england , as ailwin here was , had to do in affairs of justice , appears by the foresaid book of ramsey , where it is said , that ailwin the alderman and aedric the kings provost sate judges in a certain court. the alderman of the county our author makes to be the same as the earl or lord of the county , and spelman saith , it is hard to distinguish , but at length placeth him in the middle betwixt the count and viscount . he and the bishop kept court together , the one for temporals , the other for spirituals . the title goes lower still , to denote a mayor or bailiff of a corporation , a bailiff of a hundred , &c. lin. . healf-koning . ] it was an oversight or slip of memory in our author , to say , that ailwin was so called ; when the book of ramsey tells us , it was his father aethelstan , who was of that great power and diligence , that all the business of the kingdom went through his hands , and was managed as he pleased , that had that nick name given him therefore . lin. . the graves . ] our author makes them subordinate to the aldermen of counties : but in the laws of the confessor they appear to be much what the same . there we read , and as they are now called greves , who are put in places of rule over others , so they were anciently among the english called ealdermen . indeed , the word greve or reev ( for it is all one ) is of as various use , as that other of alderman is . in saxon it is gerefa , from gerefen and reafen , to take or carry away , to exact or gather . whence this officer ( graphio or gravius from the saxon ) is in other latin called exactor regius ; and by reason that the sheriff gathered the kings fines and other duties , and returned them to the exchequer , he was called the shire-greve or shire-reev , that is , the gatherer of the county . but the truth is , that greve or reev came at last in general to signifie any ruler or governour set over any place almost whatever ; as the same word grave doth among the dutch. so a shire-greve , or hihgerefa , the high sheriff of a county ; a port-greve , the governour of a city or port. so the lord mayor of london was called formerly . tun-greve , the bailiff of a town or mannor . sometime greve is taken for a count or earl , as alderman is . chap. xxi . pag. . lin . . for toll and gabell . ] in the latin pro theolonio & gablo . now telonium , from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , properly signifies the place where the officers of the customs receive the kings duties ; but is used also for a duty paid for the maintenance of bridges and river-banks . so hotoman . but in our law it is taken for the toll of a market or fair. and gablum or gabellum , a gabell , from the saxon gafol or gafel , signifies any impost upon goods ; as that in france , upon salt , &c. also tribute , custom , any kind of tax or payment , &c. lin. . through the streets of coventry . ] there is a famous tradition among the people of that town concerning this matter , that the lady being to ride naked , only covered all over with her hair , had given order for the more decent performance of her procession , that all the inhabitants should that day keep their shops and doors and windows shut . but that two men tempted by their curiosity to do what fools are wont to do , had some such penalty , i know not what it was , inflicted upon them , as actaeon had for the like offence . and they now stand in some publick place cut out of wood or stone , to be shewn to any stranger that comes thither , like the sign of the two logger-heads , with the same motto belike , nous sommes trois . pag. . lin . . brought in my court a certain toper . ] in the latin , attulit in curiâ meâ quandam toper . i know what the adverb toper signifies among the ancient latines ; but what the word means here , i confess , i am in the dark . it doth certainly stand for some thing ( i was thinking a taper ) which he brought with him into court , and sware upon it , as he should have done upon the holy gospels . i cannot imagine , that by quandam toper , should be intended some woman or girl , whose name was toper , whom he brought along with him , and in defiance to the court , laying his hand upon her , took his oath as formally , as if he had done it upon the holy evangelists . reader , one thing i forgot to acquaint thee with in the preface , that , whereas the author himself had divided each book into several sections , which were very unequal and incommodious , i thought it much more convenient for thy ease and profit , to distribute them into chapters ; together with the argument or contents of each chapter at the beginning ; and withal , that no one may complain , that i have injured the author , by altering his method , i have left his sections also marked with a numeral note , , , &c. on the side of the inner or outer margin . finis . errata . in the translator's preface , p. . l. . r. ( and hath that of crabbed in it beside ) and as to the method is so intricate . pag. . l. . r. and strifes : p. . l. . r. pieces : p. . l. . r. borderers : p. . l. . for facts , r. toils : p. . l. . r. and money : p. . l. , r. lazzes : p. . l. . r. and breeding : p. . l. . r. peccatum : l. . r. or his eyes : p. . l. . r. quid : p. . l. . r. sorry old verse : p. . l. . r. too truly : p. . l. . r. warden : p. . l. . r. vulgar : l. . r. bestowing her : p. . l. . r. misdemeanour : p. . l. . r. add : p. . l. . r. seasonably : p. . l. . r. glocester . whom : p. . l. . r. strict : p. . l. . r. that in the : p. . l. . r. what. of him : p. . l. . r. him : p. . l. . r. cattle : p. . l. . r. turned : p. . l. . r. retired : p. . l. . r. neptune , as : p. . l. . r. unknown : p. . l. . r. inlagh : p. . l. . r. three things : p. . l. . r. found : p. . l. . r. arrested : p. . l. . r. quilleted . finis . england's epinomis . by john selden , esquire . london , printed for thomas basset at the george in fleetstreet , and richard chiswell at the rose and crown in s. paul's church-yard . mdclxxxiii . to the reader . this appendix or addition to what had been formerly collected by others , of our ancient constitutions , needs no farther recommendation , than the great name and learning of the author : lt was an essay of his younger years , and one of the fruits of his first and earliest inquiries . the reader will here meet with the true original ( as well under the roman , as the saxon and norman governments ) of several of our laws which are now in force , and the mistakes in polydore and others , discovered : the famous constitutions of clarendon ( so much opposed by becket ) faithfully recited , and purged from the errors which had crept into those copies formerly published : an account of the magna charta of king john , and the differences between it and that granted by his son h. . which we have in the fore-front of our printed statutes : a correction of our printed charta de foresta ; with other curious and judicious remarks upon these subjects , not heretofore extant ; which it is not doubted will for their own sake , as well as their authors , find a welcome reception from all knowing persons , especially from the learned professors of our english laws . the contents . chap. i. from the first supposed inhabitants and britains , until julius caesar , page . chap. ii. out of roman histories from julius caesar , to the period of rome's empire in this land , p. chap. iii. the saxons customs and laws ( except what is in lambard's archaeonomy ) during their government , until the normans , p. chap. iv. william the first : but none of that which under title of his laws , is in lambard , p. chap. v. what was received under william le rous , p. chap. iv. henry beauclerc restored , and invented common liberties , p. chap. vii . stephen of blois , p. chap. viii . henry fitz-l'empres , and his clarendon constitutions restored to themselves , and purged from the faults wherewith they have been published , p. assisae henrici regis factae apud clarendon & renovatae apud northamtune , p. chap. ix . richard ceur de lion , p. forma procedendi in placitis coronae regis , ibid. capitula placitorum coronae regis , ibid. capitula placitorum coronae d. regis , p. haec est assisa d. regis , & haec sunt praecepta de forestis suis in anglia facta per assensum & concilium archiepisc. episc. & abbat . comit. & bar. & militum totius regni , p. chap. x. king john and his grand charter , p. consuetudines scaccarii super debitis domini regis inquirendis , ibid. england's epinomis . chap. i. from the first supposed inhabitants and britains until julius caesar. if all published authority were a legitimate brother to truth 's certainty , then could i affirm , that their common father , old time , once saw a samothean race in this isle of britany . the italian-bred - chaldee berosus mentions one samothes , brother to gomer and tubal , of japhet's line , to be author of the celtes , which inhabited ( with other parts of europe ) that of gaule , which we now call la france : and his commentator annius de viterbo thus addeth , samothes fuit frater gomeri atque tubulis ex japete patre , à quo primùm britones , inde galli , samothei dicti fuerunt : & praecipuè philosophi & theologi sectutores ejus . these samotheans , by the testimony of aristotle and secion , divini atque humani juris peritissimi , & ob id religioni deditissimi , & proptereà samothei ( rather semnothei ) appellati , under the providence of these and their race was the law-government of the state , until that trojan celebrated branch , brute , entred the isle : who composed a book intituled leges britonum , collected out of the trojan laws . but to ruminate a little upon that saturnian age , and omit all shadow-fights touching controverted brute ( his supposed existence and fortunes ) it may be not without good reason doubted , whether any such laws of troy were , out of which others might be extracted . nor will they peradventure upon examination ( excepted only some customs of religious rites ) appear more certain in particular , or more true in general , than those of aristophanes his nephelococcygia . times so near the golden age ( when as nec signare quidem , aut partiri limite campum — nec cuiquam ( as seneca hath it ) aut animus aut injuria aut causa ) have left few notes of expresly binding laws , the main government consisting in the arbitrary disposition of those , in whom being chosen as princes for their eminency in justice , and consequently in all other vertues ( as deioces was of the medes ) it was rather an office , th●n a title of dignity , to undergo the style of monarch . and although it be reported in plato , that talus ( 'twixt whom and rhadamanth , the cretique justice was by minos , jupiters own son , then king of crete , divided ) thrice every year did make his circuit , for maintenance of such laws , as were established , and in brazen tables registred ; one of which ( somewhat to particularize ) was an edict against drunkenness in merry meetings ; so that constitutions in written tables may thus derive their pedigree from the most ancient remembrance of grecian discoveries ( ceres and her thesmophoria , with all such like omitted ) yet upon that common epithet of agamemnon in homer , which saluteth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. shepherd of the people , where the phrase of jove's free gift to princes and judges of — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . is very frequent , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , lex , being long since observed not only to be not found in any of his works , but also to have been of later birth than his age permitted , ( unless the contingency , which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , coming from the same theme , both by him and hesiod remembred , hath with it , perswade the contrary , and upon the ordinary phrases in virgil of jura vocatis dare populis , and such like , applied to trojan princes ) we may with probability enough conjecture that their laws , being , as the platonists term it , secundae veneris , were alwayes closely folded , rather within the treasury of his breast , which was only therefore greater than other , because he seemed best of them all , than published in enduring tables , to be observed as dumb magistrates ; et quidem initio civitatis ( saith pompinus ) populus sine certâ lege , sine certo jure agere instituit , omniaque manu regis gubernabantur . but from this d●gression into the way again . one of this succession dunvallo molmutius , instituted ( as they write ) ut aratra , templa viaeque ad civitates ducentes immunitate confugii gauderent . verum quia succedente tempore de viis ( cum non essent certis limitibus distinctae ) orta esset dissensio , belinus rex filius praedicti molmutii , ad subducendum omne ambiguum , quatuor regales vias , omni privilegio munitas , per insulam sterni fecit : fossam scilicet , watling streete , erming-streete & ikenild-streete ; which rather ( by camden's judgement ) were the romans works , as out of tacitus , beda , and other testimony he collecteth . hic leges ( meaning dunvallo ) saith jeoffrey of monmouth ) quae molmutinae dicebantur , inter britones statuit , quae usque ad hoc tempus inter anglos celebrantur . statuit siquidem inter caetera , quae multo post tempore beatus * gildas scripsit , ut templa deorum & civitates talem dignitatem haberent , ut quicunque fugitivus sive reus , ad ea confugeret , veniam coram inimico suo haberet . statuit etiam ut viae , quae ad praedicta templa & civitates ducebant , necnon & aratra colonorum , eadem lege confirmarentur . of the gynaecocracy of martia , wife to king guinthelin , a woman very learned , thus speaks the same author ; inter multa & inaudita , quae proprio ingenio invenerat , invenit legem , quam britones martianam vocaverunt . hanc etiam rex aluredus inter caeteras transtulit , quam saxonicâ linguâ marchenlage vocavit ; which name by our great english antiquary , is rather deduced from the mercii , whose limits ( meaepc in saxon signifying a limit ) adjoyned in some part to all the other kingdoms of the germans here established ; and they thence so denominated . i could wish for a sight of jupiter's diphtere , or an oracle from apollo , that so , resolution might be had touching the certainty of these reports , whether fabulous , or sealed with the stamp of a true history . the main authors are that chaldee priest and the arthurian jeoffrey ; both exceedingly suspected , but especially the first , by the penetrating judgements of most learned men . but admitting them , as your mercurial spirit shall move you , you have a fair passage from these mythick reports , selected out of bardish hymns , unto most allowed truths of authentick historians . chap. ii. out of roman histories from julius caesar to the period of rome's empire in this land. jvlivs caesar ( who first of the romans set foot in this little world divided from the greater ) discovered among the gauls their order of government , and form of deciding controversies by law : which was wholly the office of the druides , then being ( as it seems ) the togata militiae of the state. their discipline , he affirms , was first found in this isle , and hence transferred to the old gauls : they hither always sent their youth , as to a seminary of that learning . i. illi rebus divinis ( caesar's words ) intersunt , sacrificia publica ac privata procurant , religiones interpretantur . ii. de omnibus controversiis publicis privatisque constituunt , ( the pontifical colledge of old rome , after the twelve tables received , did as much ) & si quod est admissum facinus , si caedes facta , si de haereditate , de finibus controversia est , iidem decernunt , praemia poenasque constituunt . iii. si quis privatus , aut populus , eorum decreto non stetit , sacrificiis interdicunt : haec poena ( yet it was but like the minor excommunicatio used in the christian church ) apud eos est gravissima . iv. quibus ita est interdictum , ii numero impiorum ac sceleratorum habentur ; ab iis omnes decedunt , aditum eorum sermonemque defugiunt ( these consequents make it as the greater excommunication ) ne quid ex contagione incommodi accipiant : neque iis petentibus jus redditur ( the self same in proportion remains yet with us in practice ) neque honos ullus communicatur . v. druidibus praeest unus , qui summam inter eos habet authoritatem . vi. hoc mortuo , si quis ex reliquis excellit dignitate , succedit ; ac si sint pares plures , suffragio adlegitur . vii . druides à bello abesse consueverunt , neque tributa una cum reliquis p●ndunt ( our clergy in effect hath retained as much ) militiae vacationem omniumque rerum habent immunitatem . viii . such large priviledges occasioned increase of their scholars , qui magnum ( saith he ) numerum versuum ediscere dicuntur . itaque nonnulli annos vicenos in disciplinâ permanent , neque fas esse existimant ea literis mandare , cum in reliquis ferè rebus publicis privatisque rationibus , graecis literis utantur . hence some infer that the tongue of the old gauls was greek , but clearly that the druides wrote in it : i am not perswaded to either . graecae literae is not always latine for the greek tongue ; so might we say , that the syriack testament were perfect hebrew , because literis hebraicis exaratur . as for instruments of commerce written at marsile , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as strabo reporteth ) it proves only that a greek colony ( for it was from the phocians ) used greek . but caesar also speaks of tables found in the helvetians tents , graecis literis exaratas . we may interpret both for the character only , which perhaps even the graecians thence borrowed . of this place of the druides it is the censure of a great doctor , the learned hotoman , that graecis hath crept in through fault of transcribers ; humeris did in another place in the same caesar so thrust it self unto dextris , as lipsius makes apparent ; who is clear of opinion that the whole context of his commentaries hath suffered much alteration and spoil by julius caesar his interpolation ; nay some think they were never since the first copy his own . but to prove with a forcible argument , think you that greek was so familiar with the druides ? why then did caesar write in greek to cicero , to this end , that neither the carrier , being a gaulenor , nor other of the state , if they were intercepted , might understand them ? to whose hands in time of war should they have come sooner , than to the councils , where the druides were chief ? so much not amiss , because it touches the tongue of the lawyers , used in those times . to the former druidian orders and constitutions are added in pliny , strabo , marcellinus , lucan , tacitus , and others , divers rites of religion and philosophy , which taste much of pythagorean doctrine , worthy of observation , and applicable as well to this isle , as any part of gaul . for as much as not only the infancy of that sect had here its nurture , but also an identity of common-wealth , order , language and religion , between the old gauls , and our britains , is by learned camden with sufficient reasons of strong proof , in his excellent chorography of this country , declared . fit enough therefore is it to conjoyn also the municipals of the gauls , which by the same authority were scarce different from the british . ix . suos liberos nisi cum adoleverint , ut manus militiae sustinere possint , palàm ad se adire non patiuntur . x. viri quantas pecunias ab uxoribus dotis nomine acceperunt , tantas ex suis bonis , aestimatione factâ , cum dotibus communicant ; hujus omnis pecunia conjunctim ratio habetur , fructusque servantur ; uter eorum vitâ superaverit , ad eum pars utriusque cum fructibus superiorum temporum pervenit . xi . viri in uxores , sicuti in liberos , vitae necisque habent potestatem ; here john bodin blames justinian for confining this power only to the romans . xii . cum paterfamilias illustriore loco natus decessit , ejus propingui conveniunt , & de morte , si res in suspicionem venit , de uxoribus in servilem modum quaestionem habent ; & si compertum est , igni ( for a woman to kill her husband is now petit-treason ▪ and she suffers pains of death by fire ) atque omnibus tormentis extruciatas interficiunt . xiii . servi & clientes quos ab iis dilectos esse constabat , justis funeribus confectis , unà cremabantur . xiv . sancitum si quis quid de rep . à finitimis rumore aut famâ acceperit , uti ad magistratum deferat , neve cum quo alio communicet . xv. magistratus , quae visa sunt , occultant , quaeque esse ex usu judicaverint , multitudini produnt . xvi . de repub . nisi per concilium loqui non conceditur . xvii . plerique cum aut are alieno , aut magnitudine tributorum , aut injuriâ potentiorum premuntur , sese in servitutem dicant nobilibus : in hos eadem sunt jura , quae dominis in servos . xviii . armati , ita mos gentis erat , saith livy , in concilium venerunt . xix . in respect of quiet composition of seditious tumults among themselves , made by intercession of their weaker sex , a custome grew among them ( plutarch is my author ) that women also had prerogative in deliberative sessions , touching either peace-government or martial affairs , and sexum ( saith tacitus of the britains ) in imperiis non discernunt . but caesar is not without something , which expresly is attributed to our ancient britains . xx. vtuntur numero aereo aut annulis ( some read laminis ) ferreis , ad certum pondus examinatis . xxi . leporem & gallinam & anserem gustare fas non putant ; haec tamen alunt animi voluptatisque causâ . xxii . vxores habent deni ( no more disparagement be it to them , than the indistinct and open carnal congresse reported of the thuscans , the best part of the old italians , or that of the athenians before the cecropian alteration ) duodenique inter se communes , & maximè fratres cum fratribus , & parentes cum liberis ; sed si qui sunt ex his nati , eorum habentur liberi , à quibus primùm virgines quaeque ductae sunt . howsoever julius his imposed tributes did in some degree diminish their publick liberty ; yet that under him , octavian , tiberius , and caligula , they were , in respect of any state-innovation , attonomoi , i. e. using their own laws , is collected out of dio's roman history . he speaking of plautius ( lieutenant here to the emperour claudius ) his victorious success against togodunus and caractacus , affirms their ancient aristocracy , without subjection to strangers , as yet continuing : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saith he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. they were not free to live at pleasure of the multitude ( not free from superiour government ) but subject to divers kings , so that until that time continuing their plurality of narrow territoried princes , they were truly free from all foreign imposition of laws ; which is expresly affirmed in that of seneca the tragedian , speaking thus of claudius , in the person of octavia his daughter . cuique britanni terga dedere ducibus nostris ante ignoti jurisque sui . but in his time their times changed , a good part of the isle conquered , and into a presidial province reduced . colonia ( so speaks tacitus ) camalodanum ( which was cunobelinus's palace or town-royal , now malden in essex ) valida veteranorum m●nu deducitur , in agros captivos subsidium adversus rebelles , & imbuendis sociis ad officia legum ; the verulanian municipy , celebrated by our noble spenser , and remembred by tacitus , the chief seat of cassibellan , near s. albans in hartfordshire . the roman colonies at york , at chester , ( as by an inscription of an old coin camden testifieth ) at glocester ( proved out of an old stone in bath-walls by the north-gate there thus charged , dec . coloniae glev. vixit lxxxvi ) compared with claudius his former recited , are great testimonies of a great alteration . for although municipes ( as agellius hath it ) sunt cives romani ex municipiis , suo jure & legibus utentes , muneris tantùm cum pop. rom. honorarii participes , yet coloniarum alia , saith he , necessitudo est ex civitate quasi propagatae sunt , & jura institutaque omnia pop. rom. non sui arbitrii habent . both , as well municipies as colonies , had their decuriones , duumviros , aediles , equites , and such like orders , and offices different from all places where the romans as yet had not seated their empire . under some of the succeeding emperors , vespasian , titus and domitian , was julius agricola , father-in-law to tacitus , here roman lieutenant : through whose perswasion to civility , habitus ( writeth the same tacitus among the britains ) nostri honor , & frequens toga . the somewhat younger times also saw papinian , that oracle of the roman laws , discussing at york , as , out of forcatulus , camden hath noted . when commodus had the empire , then was britain's king lucius ( of kings the first christian ) who after the receipt of that holy token of regeneration , from eleutherius bishop of rome , made a second demand , which by the pope's returned answer you shall the better understand : petistis ( so was his rescript , and , juraque ab hâc terrâ , caetera terra petet , was ovid's prophecy ) à nobis leges romanas & caesaris , vobis transmitti , quibus in regno britanniae uti voluistis . leges romanas & caesaris enim nuper miseratione divinâ in regno britanniae , & fidem christi habetis penes vos in regno , utramque paginam : ex illis dei gratiâ , per concilium regni vestri sume legem , & per illam dei patientiâ vestrum reges britanniae regnum ; vicarius verò dei estis in regno . what the sequel hereof was , thus only appears : that after he had in lieu of the archflamens at london , york and caer-leon , constituted three archbishops , with twenty-eight bishops in other places , making large gifts of possessions to their churches , ecclesias ( matthew the monk of westminster speaks it ) cum suis coemeteriis ( if we may believe that then there were with us church-yards for burials ) ita constituit esse liberas , ut quicunque malefactor ad illa confugeret , illaesus ab omnibus remaneret , with which the british constitutions and customs have here their last limit . chap. iii. the saxon customes and laws ( except what is in lambard's archaeonomy ) during their government , until the normans . italy had at length so much to do in defence of her self , that she could hardly afford help to others . gothick incursions grew so violent and dangerous , the picts and scots were as troublesome to the britains , who desiring aid of the romans , were in their expectations frustrate : to provide therefore some other way ( vortigern being then king ) martial succour against the neighbour violence of the northern people of this island was requested , and obtained from germany . thence hither issued saxons , jutes ( some will have the old name vites ) and angles : which differed more in name , than nation , and are in good authors but synonymies of the same countrey-people . these in process of time , contrary than the britains first hoped , established to themselves in divers parts of that we now call england , several kingdomes , extruding vortigern's posterity , and their subjects , into the western parts , where to this day they remain . and how can we but conjecture that of particular customes of law-government in their own countrey , they made requisite use in this their part of the island ? what those were , until christianity made some abolition , may best be observed out of tacitus de moribus germanorum ; who relates divers of their customes , and rites religious . but at inquisition of their superstition we aim not ; their profane laws being chiefly proposed for collection . i. rex vel princeps ( saith tacitus , speaking of some of them , whose antique reliques seem yet to continue in our municipals ) prout aetas cuique , prout nobilitas , prout decus bellorum , prout facundia est , audiuntur authoritate suadendi magis quam jubendi potestate : si displicuit sententia , fremitu aspernantur ; sin placuit , frameas ( of necessity you must here remember our wapentakes ) concutiunt . honoratissimum assensûs genus est armis laudare . ii. licet apud concilium accusare quoque ; & discrimen capitis intendere . distinctio poenarum ex delicto , proditores & transfugas arboribus suspendunt , ignavos & imbelles & corpore ( lipsius will have it torpore , and shews great reason for it , in love towards his own countrey ) infames coeno ac palude , injecta insuper crate mergunt . diversitas supplicii illuc respicit , tanquam scelera ostendi oporteat dum puniuntur , flagitia abscondi . iii. levioribus delictis pro modo poenarune , equorum , pecorumque numero convicti multantur . pars mulctae regi vel civitati , pars ipsi qui vindicatur , vel propinquis ejus exolvitur . iv. eliguntur in iis conciliis & princeps , qui jura per pagos vicosque reddunt . centeni singulis ex plebe comites ( which observe to symbolize with our hundreds ) consilium simul & authoritas adsunt . v. nihil neque publicae neque privatae rei nisi armati agunt , sed arma sumere non ante cuiquam moris , quam civitas suffecturum probaverit . tum in ipso concilio vel principum aliquis , vel pater , vel propinquus , scuto frameäque juvenem ornant . haec apud illos toga , hic primus ( here have you resemblance of our knighting ) juventae honos : ante hoc domus pars videntur , mox reipublicae . vi. insignis nobilitas aut magna patrum merita , principis dignationem etiam adolescentulis assignant . note there the propagation of gentry through true honour deserving vertue , to whose memory is dedicated that worship , which is oft-times bestowed on unworthy posterity . vii . dotem non uxor marito , sed uxori maritus ( i might compare this to our most ancient and then common dower al huis d'esglise ) offert . viii . to their religious rites in marriage-knots he adjoyns the punishment of her which violates her chosen bed . accisis crinibus nudatam coram propinquis expellit domo maritus , ac per omnem vicum verbere agit . ix . publicatae pudicitiae ( understand it of unmarried wenches ) nulla venia , non formâ , non aetate , non opibus maritum invenerit . x. sororum filiis idem apud avunculum , qui apud patrem honor . xi . haeredes , successoresque sui cuique liberi , & nullum testamentum : si liberi non sunt , proximus gradus in possessione fratres , patrui , avunculi ; neither until h. . had we any lands devisable , except by special custome binding the common-law . xii . suscipere tam inimicitias seu patris seu propinqui ( our northern deadly-feud offers it self here to be thought on ) quam amicitias necesse est ; nec implacabiles durant . luitur enim etiam homicidium certo armentorum ac pecorum numero ( this interprets the were in the saxon laws of william lambard ) recipitque satisfactionem universa domus . xiii . suam quisque servus sedem , suos penateis regit . frumenti modum dominus aut pecoris aut vestis ut colono injungit ; & servus hactenus paret . divers others of their manners and customes hath the same author ; but not any , which except these recited , i think may be fitly styled law , or constituted order of that nation . but to be more particular , adam of breme will tell us out of einhard of the saxons ( which gave chief denomination to such germans as floated hither ) thus ; xiv . quatuor differentiis gens illa consistit , nobilium scilicet & liberorum , libertorumque atque servorum . xv. legibus firmatum ut nulla pars copulandis conjugiis propriae sortis terminos transferat ; sed nobilis nobilem ducat uxorem , & liber liberam , libertus conjungatur libertae , & servus ancillae . si vero quispiam horum sibi non congruentem , & genere praestantiorem duxerit uxorem , cum vitae suae damno componat . xvi . ejus gentis cum quâ bellandum fuit ( this is by tacitus in the same words repeated of the germans ) quoquo modo interceptum ; cum electo popularium suorum patriis quemque armis committunt , & victoria hujus vel illius pro praejudicio accipitur . xvii . unto the times before christianity among them was received , this is to be referred ; the first christian king ethelbert of kent , inter caetera ( as venerable bede reporteth ) bona , quae genti suae consulendo conferebat , etiam decreta illi judiciorum juxta exempla romanorum , cum consilio sapientum instituit . quae conscripta anglorum sermone , hactenus , saith he , habentur & observantur ab eâ . and very many constitutions yet extant , written in the saxon tongue , are attributed to ine , alfred , edward , athelstan , edmund , edgar , ethelred and canutus or knute , translated into latine , and published long since by william lambard , a learned gentleman , with the laws of edw. the confessor , so called , non quod ille statuerit , saith one , sed quod observaverit ; whereunto are joyned divers , with title of william the conqueror , which being so there already , according to several times in one volume for that only purpose compiled , they only shall here be inserted , which as yet lie dispersed in the old monuments of our historians . xviii . totius angliae ( of king alured so writeth ingulphus abbot of croyland ) pagos & provincias in comitatus primus omnium commutavit , comitatus in centurias , i. e. hundredas , & in decimas ( as if he imitated jethro moses father-in-law ) id est , tythingas , divisit , ut omnis indigena legalis in aliquâ centuriâ & decimâ existeret . et si quis suspectus de aliquo latrocinio , per suam centuriam vel decuriam , vel condemnatus , vel * invadiatus , poenam demeritam vel incurreret , vel vitaret . praefectos verò provinciarum ( qui antea vicedomini ) in duo officia divisit , i. e. in judices , quos nunc justiciarios vocamus , & in vicecomites , qui adhuc idem nomen retinent . xix . of king edgar , the monk of malmesbury writeth thus ; quia compatriotae in tabernis convenientes , jamque temulenti pro modo bibendi contenderent , ipse clavos argenteos vasis affigi jussit , & dum metam suam quisque cognosceret , non plus subserviente verecundiâ , vel ipse appeteret , vel alium appetere cogeret . constraint of such as were too indulgent to the desires of their sensual appetite by ingurgitation of brain-smoaking liquors , was by the greek zaleucus ( and so received among the locrians ) no less than capital . but which hath been always so far from this state , that until the third session of the present parliament , not so much as any pecuniary mulct endeavoured to refrain that temporary and altogether voluntary madness . xx. nulla ( saith ingulphus ) electio praelatorum erat merè libera & canonica , sed omnes dignitates , tam episcoporum quam abbatum , per annulum & baculum regis curia pro suâ complacentiâ conferebat . xxi . chirographa , until the confessor's time , fidelium praesentium subscriptionibus , cùm crucibus aureis , aliisque sacris signaculis firma fuerunt . xxii . conferebantur primò ( saith he , but i understand it of the infancy of the norman state ) multa praedia nudo verbo absque scripto , vel chartâ ; tantum cum domini gladio , vel galea , vel cornu , vel cratere , & plurima tenementa cum calcari , cum strigili , cum arcu , & nonnulla cum sagittâ . this somewhat savours of obertus orto's form of investiture in his feudals , or his of this , and differs much from our strict livery of seisin , which regularly ought to be made with part of and upon the land , by gift transferred . not unworthy ( in this place ) of observation is that charter of cedwalla king of sussex , ( as among old monuments of evidence belonging to the arch-bishop of canterbury i have seen ) in the year dclxxxvii . made to theodore then archbishop of certain lands , with this subscription ; ad cumulum autem confirmationis , ego cedwalla cespitem terrae praedictae super sanctum altare salvatoris posui , & propriâ manu , pro ignorantia literarum , signum sanctae crucis expressi , & subscripsi . the like hath camden out of a patent made by withered king of kent , to a nunnery in the isle of thanet . but to that form of conveyance which ingulphus speaks of , is thus added ; sed haec initio regni sui : posterioribus annis immutatus est iste modus . the antiquity of deeming the queen , both as covert , and also a sole person , with such respective admittance , as is commonly agreed upon , and the custome of land-forfeiture upon felony committed , are both referred to these times . the first proved by that learned chief justice sir edw. coke , out of a gift made by aethelswith , wife to king burghred , to one cuthwulfe her servant dccclxviii . the other from an example by him published of one ethesig , whose lands were forfeited to king ethelred , for feloniously stealing one ethelwine's swine . chap. iv. william the first : but none of that which under title of his laws , is in lambard . no sooner was the norman william circled with the crown of his victory , but i. decrevit subjectum sibi populum ( my author is gervase of tilbury ) juri scripto legibusque subjicere . propositis igitur legibus anglicanis secundùm tripartitam earundem distinctionem , hoc est merchenlage ( this govern'd the shires of glocester , worcester , hereford , warwick , oxford , chester , shropshire , and stafford ) westsaxenlage ( hereby were ordered kent , sussex , surry , barkshire , hamshire , wiltshire , somerset , dorset and devonshire ) and danelage ( by it york , darby , nottingham , leicester , lincoln , northampton , bedford , buckingham , hartford , essex , middlesex , norfolk , suffolk , cambridge , and huntingdon ) quasdam reprobavit , quasdam autem approbans illis transmarinas neustriae ( that is normandy corruptly for westriae , the opposite to that other part of the division of france , eustrasia ) leges , quae ad regni pacem tuendam efficacissimè videbantur : which was not performed without earnest and most humble request of the english. for , as honouring with respect the northern stock , whence his blood was derived , the danelage he preferred , as worthier and better for government than the mere english. but seeming at first inexorable , the perswasive remembrance of his soul , which bequeathed him the kingdom , and whose laws they desired , being , as the best supposed motive , inserted in the petitions of the conquered , he granted so much , that from that time veneratae per universam angliam , corroboratae & observatae sunt , prae caeteris patriae legibus , leges edwardi regis , quae priùs inventae ( it is roger of hoveden's report ) & constitutae erant in tempore edgari avi sui . ii. fecit describi omnem angliam , ( the substance hereof is in most of the monkish histories , but florence of worcester is the author i now use ) quantum terrae quisque baronum suorum possidebat , quot feudatos milites , quot carucas , quot villanos , quot animalia ; imò , quantum vivae pecuniae quisque possidebat in omni regno suo , à maximo usque ad minimum , & quantum redditûs quaeque possessio reddere poterat . this inquisition was returned into his exchequer , and is a book at this day there remaining , pro sua generalitate omnia tenementa totius terrae integrè continente : it is called domesday , i. e. the day of judgment , as the abbot of crowland , and gervase of tilbury have left written , ob hoc ( saith gervase ) nos eundem librum judiciarium nominamus , non quòd in eo de propositis aliquibus dubiis feratur sententia , sed quod à praedicto judicio non liceat ullâ ratione discedere . a description of it in an old english historical poet , is thus clad in rhythmes . the k. william vor to wite the worth of his londe let enqueri streitliche thoru al engelonde , hou moni plou lond , and hou moni hiden also were in euerich sire , and wat hii were wurth yereto : and the rents of each toun , and of the waters echone , that wurth , and of woods eke , that there ne bileued none , but that he wist wat hii were wurth of al engelonde , and wite al clene that wurth thereof ich understond and let it write clene inou , and that scrit dude iwis in the cresorie at westminster there it yut is . so that vre kings suth , when hii ransome toke and redy wat folc might giue , hii fond there in yor boke . nor a much unlike description in later times under hen. . ( as a preparatory to the levying of that intolerable demanded subsidy of dcccl ) was either finished or attempted : as by a warrant from the commissioners directed to a constable of a hundred , with charge of information , reported by j. stow , is more largely declared . iii. of church-livings and ecclesiastical fees matthew paris hath thus recorded ; episcopatus & abbatias omnes , quae baronias tenebant , & eatenus ab omni seculari libertatem habuerant , sub servitute statuit militare , in rotulans singulos episcopatus & abbatias , pro voluntate suâ , quot milites sibi & successoribus suis , hostilitatis tempore , voluit à singulis exhiberi . iv. exclusis haereditate avita anglis , agros ( learned camden hath delivered it ) & praedia militibus suis assignavit , ità tamen ut dominium directum sibi reservaret , obsequiumque clientelari jure sibi & successorib●s devinciret : id est ut omnes in feodo , sive fide teneret , & nulli praeter regem essent veri domini , sed potius fiduciarii domini , & possessores . v. gervase of tilbury in a discourse of the trial of the purity of silver paid in ancient time into the exchequer by weight , affirmeth that by tradition it was received for truth , that in primitivo regni statu , post conquisitionem , no rents were paid to the crown in money : sed sola ( saith he ) victualia solvebantur , ex quibus in usus quotidianos domus regiae necessaria ministrabantur : and somewhat after , tot● igitur willielmi primi tempore perseveravit haec institutio usque ad tempora regis henrici filii ejus ( which was henry the first ) adeò ut viderim ego ipse ( he lived under henry the second ) quosdam , qui victualia , statutis temporibus , de fundis regiis , ad curiam deferebant . certum quoque habebant officiales domus regiae , à quibus comitatibus triticum , à quibus diversae species carnium , & equorum pabula debebantur . his verò solutis secundum constitutum modum cujusque rei , regii officiales computabant vicecomitibus , redigentes in summam denariorum , pro mensurâ videlicet tritici ad panem centum hominum , solidum unum , pro corpore bovis pascualis solidum unum , pro ariete vel ove iv. denarios , pro prebendâ xx. equorum similiter iv. denarios ; but through the grievous complaints of country husbandmen , oblatis vomeribus in signum deficientis agriculturae , respective calculation was made under henry beauclerc , and every particular tenants services reduced to a certainty of silver , de summa vero summarum quae ex omnibus fundis surgebat in unoquoque comitatu , constituerunt vicecomitem illius comitatus ad scaccarium teneri , addentes ut ad scalam solveret . more special form whereof the same author hath largely reported . vi. chirographa chartas vocabant , & chartarum firmitatem cum cereâ impressione per uniuscujusque speciale sigillum sub instillatione trium vel iv. astantium , conficere constituebant . vii . anglicum idioma tantum abhorrebant , quod leges terrae statutaque anglicorum regum gallicâ linguâ tractarentur ( pleadings until reformation in time of e. . remaining in the same tongue ) & pueris etiam in scholis principia literarum grammatica gallicè ac non anglicè traderentur . modus etiam scribendi anglicus omitteretur , & modus gallicus in chartis & in libris omnibus admitteretur : thus to be frenchified grew so common , and before all english titles so respectfully alone honoured , that vlstan prelate of worcester in the red king's time , was for his ignorance in that tongue chiefly deposed from his bishoprick . viii . cervum vel capreolum capienti oculi eruebantur . ix . the law of coverfeu ( the name yet remaineth ) that by ringing a bell at night , all lights and fire in every house should retire from our appearance , acknowledgeth him as first institutor . x. si aliquis quempiam ( it is in henry of huntingdon ) quâcunque de causâ peremisset , capitali subjacebat sententiae . xi . si aliquem ( i would read it aliquam , perswaded by what i find in bracton's treatise of rape ) vi oppressisset , genitalibus privabatur armis . xii . if we durst believe the italian polydore , here should succeed an institution of sheriffs , and trial by jury of xii . touching the last , camden and lambard out of the saxon laws of etheldred , have convinced him of an error too fairly flourished with braving terms . for the first , and both since them the right h. the l. coke . but what else he hath of any probability you thus receive . xiii . constituit ut quater quotannis in multos dies conventus celebrarentur eo loci quo ipse fieri juberet , quibus in conventibus judices sedibus discreti forum agerent , jusque populo dicerent . xiv . alios instituit judices , qui sine provocatione jurisdictionem ac judicia exercerent , à quibus , uti à sinu principis , cuncti litigatores eò confluentes jura peterent , & ad eos suas controversias referrent . xv. praefectos alios constituit , qui maleficia vindicanda curarent . hos justiciarios pacis nuncupavit . yet i cannot so soon think that name to be literally so ancient under his favour , with whom too curious in a strange state , the kind laws of religious hospitality may without injustice dispense . chap. v. what was received under william le rous. vain it were to expect any good constitutions of william the second , omnis legum siluit justitia , causisque ( saith florence of worcester ) sub justitio positis ; sola in principibus imperabat pecunia . i. polydore attributeth to him the original of that custome , whereby his successors claim profits or first-fruits of vacant bishopricks and monasteries of the patronage of the crown . indeed it is true and apparent , that he had a special gift of delaying new elections for prorogation of his gains . and at his death were in his hands the temporalties of canterbury , winchester and salisbury , and of abbies that number quadrupled . ii. publico ( writeth he ) edicto vetuit unumquemque sine commeatu suo ex angliâ egredi . that archbishop anselme was enjoyned under no small pain , that he should not pass the seas , to visit pope vrban under this prince , is true and plain enough ; but for any such general edict , i know no better authority , his being in this , as in other things , suspicious : as yet my belief is , that the constitution of non aler ouster le mere , is of some later birth . iii. venationes quas rex primo ( the words are malmesburies , but read primus ) adeò prohibuit , ut capitale esset supplicium prendisse cervum . chap. vi. henry beauclerc restored and invented common liberties . reformation was needful by the succeeding beauclerc , of the common injustice practised throughout the kingdom , especially by a delegation of exacting authority made to one ranulph , afterwards bishop of durham , by le rous : and was thus endeavoured . immediately after his coronation charters of state-amendment were by publick authority sent into every county with particular customs expressed , allowed , abrogated or altered in them . that which was directed to hugh of bockland , sheriff of hereford , reported by matthew paris , after church-liberty confirmed , ita quod nec eam vendam , nec ad firmam ponam , nec mortuo archiepiscopo , vel episcopo , vel abbate , aliquid accipiam de domino ecclesiae , vel de hominibus , donec successor in eam ingrediatur , thus provides for the subject ; omnes malas consuetudines , quibus regnum angliae injuste opprimebatur , inde aufero : quas malas consuetudines in parte hic pono . i. si quis baronum meorum , comitum , vel aliorum qui de me tenent , mortuus fuerit , haeres suus non redimet terram suam sicut facere consueverat tempore patris mei , sed justâ & legitimâ relevatione relevabit eam . ii. homines baronum meorum legitimâ & justa relevatione relevabunt terras de dominis suis. iii. si quis baronum , vel aliorum hominum meorum , filiam suam tradere voluerit , sive sororem , sive neptem , sive cognatam , mecum inde loquatur ; sed neque ego aliquid de suo pro hac licentia accipiam , neque desendam quin eam det , excepto si eam dare voluerit inimico meo . iv. si mortuo barone vel alio homine meo filia haeres remanserit , dabo illam cum consilio baronum meorum cum terra suâ . v. si mortuo marito uxor ejus remanserit , & sine liberis fuerit , dotem suam & maritagium habebit , dum corpus suum legitimè servabit . : & eam non dabo nisi per secundum velle suum , & terrae liberorum custos erit sive uxor , sive alius propinquior , qui justus esse debet . vi. praecipio ut homines mei similiter se contineant erga filios & filias & uxores hominum suorum . vii . monetagium commune quod capiebatur per civitates vel comitatus , quod non fuit tempore ed. r. hoc ne amodò fiat , omninò defendo . viii . si quis captus fuerit , sive monetarius sive alius , cum falsâ monetâ , justitia recta inde fiat . ix . si quis baronum vel hominum meorum infirmabitur , sicut ipse dabit , vel dare jusserit pecuniam suam , ita datam esse concedo ; quod si ipse , praeventus vel armis vel infirmitate , pecuniam suam nec dederit , nec dare disposuerit , uxor sua sive liberi , aut parentes , & legitimi homines sui pro animâ ejus eam dividant , sicut eis melius visum fuerit . somewhat later times admitted the disposition of intestates goods , and probate of testaments , to be in episcopal jurisdiction . john stratford in one of his provincial constitutions of church-liberty , and fairefax a common lawyer under richard the third , affirm that power in ecclesiastick courts to have been in ancient time ( for the civil law it self in express text refers it to the lay magistrate ) by act of parliament ordained . x. si quis baronum , vel hominum meorum , forisfecerit , non dabit vadium in misericordiâ pecuniae suae , sicut faciebat tempore patris vel fratris mei ( they were the two precedent williams ) sed secundum forisfacturae modum , nec ita emendabit sicut emendasset retro tempore patris mei vel fratris . xi . si perfidiae vel sceleris convictus fuerit , sicut culpa sic emendet . xii . forestas communi consilio baronum meorum in manu mea ita retinus , sicut pater meus eas habuit . xiii . militibus , qui per loricas terras suas defendunt ( i. e. which hold their lands per fee de hauberke , to be ready in a coat of mail for martial service ) terras dominicarum carucarum suarum quietas ab omnibus geldis & omni proprio dominio meo concedo , ut , sicut tam magno gravamine alleviati sunt , ita equis & armis benè se instruant , ut apti & parati sint ad servitium meum , & ad defensionem regni mei . xiv . lagam regis edwardi vobis reddo , cum illis emendationibus quibus pater meus eam emendavit ( you have them in lambard ) consilio baronum suorum . thus far out of that transcribed charter . xv. rapinas curialium , furta , stupra , edicto compescuit , deprehensis oculos cum testiculis evelli praecipiens . william of malmsbury is hereof author ; but florence of worcester , and roger of hoveden , that for theft his punishment was , as now by hanging , death ; but for maintenance of malmesbury's report , i remember a miracle reported out of a manuscript in fox his ecclesiastical history , of one edward of king's weston in bedfordshire , attainted in time of henry fitz l' empres , for stealing a pair of hedging gloves , and a whetstone , and having by execution lost his eyes and genitals , had through devout prayer at tho. becket's shrine in canterbury , restitution ( i fear the monk that wrote it , might have had a whetstone without stealing ) of whatsoever members and faculties were by that inflicted punishment , taken from him . xvi . contra trapezitas ( quos vulgò monetarios vocant ) praecipuam sui diligentiam exhibuit ; nullum falsarium quin pugnum perderet impune abire permittens , qui fuit intellectus falsitatis suae commercio fatuos irrisisse : this falsifying of money by hoveden , was loss of our eyes and genitals : gemiticensis and the monk which made the continuance to florence of worcester , agreeing to malmesbury in this , that the offenders lost their right hands ; but further adding that , which the first god of the gentiles was compelled to endure , deprivation of his external parts of humane propagation . xvii . statuit ut nullus obolus ( the author is roger of hoveden ) quos & rotundos esse jussit , aut etiam quadrans , si integer esset , respueretur . xviii . mercatorum falsam ulnam ( malmesbury speaks ) castigavit brachii sui mensurâ adhibitâ , omnibusque per angliam propositâ . xix . curialibus suis ubicunque villarum esset , quantum à rusticis gratis accipere , quantum & quoto pretio emere debuissent , edixit , transgressores vel gravi pecuniarum mulctâ , vel vitae dispendio afficiens . xx. much stir both at rome and in england was touching investiture of bishops and abbots by lay hands : anselme , arch-prelate of canterbury mainly opposing himself against it ; whose perswasion so at length wrought with the king , that it was permitted ut ab eo tempore in reliquum ( matthew of westminster after others reports it ) nunquam per donationem baculi pastoralis vel annuli quisquam de episcopatu vel abbatiâ , per regem , vel quamlibet laicam personam , investiretur in anglia ; retento tamen electionis & regalium privilegio ; notwithstanding this in the year m.c.vii . per annulum & baculum ( as matthew paris tells us ) was by the same henry one rodolph made arch-bishop of canterbury . xxi . he restored ( john stow now speaks to you ) to his subjects the use of lights in the night , which lights , and also fire , had been forbidden by his father to be used , after the ringing of a bell at eight of the clock at night . xxii . fecit omnes milites angliae crines suos ad justum modum abscindere , qui priùs longitudine capillorum ( out of flores historiarum ) cum foeminis certabant . xxiii . a tribute of s. of every hide was exacted for augmentation of a dowry for the kings daughter mawde ' , to be married to the emperour henry the fourth : whereupon , saith polydore , secuti sunt istud institutum quaerendarum dotum ad collationem filiarum , caeteri deinde reges , adeo posteritas suorum commodorum tenax semper fuit ; referring that known service of ayde à file marrier , to this as the first example thereof ; though the antiquity of that custom can reckon as many years as since romulus his first institution of patrons and clients ( whence feuds and courts-baron , as udalricus zasius conjectureth , by way of imitation , proceeded in following times ) and no less the whole title thereof . and the other à faire fitz chevaler , & de rançome , are in the old graund custumier of normandy . xxiv . imminent peril was then , lest french conspiracies should get violent possession of the dutchy of normandy ; to prevent it with a sinewy army , primùm omnium populo imponit ( take it upon polydore's credit ) grave tributum causâ novi belli gerendi , id quod apud posteriores reges in consuetudinem venit . of the norman line masculine he was the last ; and this the last , i make of his laws . chap. vii . stephen of blois . crashing of armour and pronouncing of laws , have such antipathy , that his injurious successor , stephen of blois will put us to the charge of small room . at his inauguration , by oath he confirmed divers generalities for liberties , from ancient time used , of the church , but so religiously , that , as one saith of him , he seemed to have therefore only sworn , that he might be forsworn . but of them one was especially thus : i. si quis episcopus vel abbas vel alia ecclesiastica persona , ante mortem suam rationabiliter sua distribuerit , vel distribuenda statuerit , firmum manere concedo : si vero morte praeoccupatus fuerit , pro salute animae ejus ecclesiae consilio ( see before in the ninth of henry beauclerc ) eadem fiat distributio . ii. castella per singulas provincias ( saith william of newborough ) studio partium crebro surrexerant ; erantque in angliâ quodammodo tot reges , vel potius tyranni , quot domini castellorum , habentes singuli percussuram proprii numismatis , & potestatem subditis regio more dicendi juris . iii. danegeldum ( which how it was first rated and imposed , you may find in the confessor's laws ) quod antecessores sui accipere solebant singulis annis , in aeternum condonabat . henry of huntingdon and roger of hoveden affirm it . iv. an ecclesiastical synod was held at london under theobald of canterbury , the king and noblemen being also present , totumque illud concilium novis appellationibus infrenduit . in angliâ namque appellationes in usu non erant , donec eas henr. wintoniensis episcopus , dum legatus esset ( which was about this time ) malo suo crudeliter intrusit . v. tempore regis stephani ( as i read in john of salisbury's polycraticon ) à regno jussae sunt leges romanae , quas in britanniam domus venerabilis patris theobaldi , britanniarum primatis asciverat ; ne quis libro etiam retineret edicto regio prohibitum est . what the roman laws ( if you understand the imperials ) had ever to do with this state as a rule for squaring our judgements , is not only by this relation made manifest , but by an express assertion of the high court of parliament ( which wrought wonders ) under richard of burdeaux ; whenas thomas of woodstock , duke of glocester , richard earl of arundel , thomas beauchamp earl of derby , and thomas earl of nottingham , appealed alexander nevill arch-bishop of york , robert de vere duke of ireland , michael de la poole earl of suffolke , with others , of seducing the kings facile humour to their own desires , the particulars whereof appear in the thirty eight articles comprehended in the parliament rolls of the eleventh of his reign ; advice being demanded touching the formality of the appeal both of common lawyers and civilians , they all agreed , — that it was insufficient in both laws ; but answer was given by the baronage , that they would adjudge it by parliamentary authority ; neither would they be directed by the civil law , pur ceque la royalme d' angleterre n'estoit devant ces heures , ny à l' entent de nostre dit seigneur roy , & seigneures du parliament unq ' ne serra rules ne governes per la ley civil : and by judgement of exile with effect they proceeded : but this is somewhat out of the lists . chap. viii . henry fitz-l'empres , and his clarendon constitutions restored to themselves , and purged from the faults wherewith they have been published . adoption and right of bloud gave , after stephen 's death , the crown to henry plantagenet fitz l'empres ; his first care tending wholly to the good of the state , was to have the numerous increase of castles and forts ( which in his predecessors time through multitude of province-tyrants , whom they nourished , were swollen to the number of m.c.xv. ) abated ; so was it by express command performed , and the laws of his grand-father beauclerc likewise confirmed . a recognition also was made at clarendon , praesidente joanne de oxoniâ , de mandato ipsius regis , praesentibus etiam archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus & proceribus regni , of divers customes and rites of government for decision of no small controversies between the king , guarded with stout maintainers of his crown , and the prelates , who in their ambitious aims laboured for exemption of their persons , habits and possessions , from secular jurisdiction . i. de advocatione & praesentatione ecclesiarum ; si controversia emerserit inter laicos , vel inter laicos & clericos , vel inter clericos , in curiâ d. r. tractetur & terminetur . ii. ecclesiae de feudo d. regis non possunt imperpetuum dari absque assensu & concessione ipsius . iii. clerici rectati & accusati de quâcunque re , summoniti à justitiâ regis , venient in curiam ipsius responsuri ibidem de hoc , unde videbitur curiae regis quod ibi sit respondendum , & in curiâ eccles. unde videbitur quod ibi sit respondendum , ita quod justitia regis mittet in curiam s. e. ad videndum quâ ratione ibi res tractabitur . iv. si clericus convictus vel confessus fuerit , non debet eum de caetero ecclesia tueri . v. archiepiscopis , episcopis & personis regni non licet exire regnum absque licentiâ d. regis : & si exierit ( here is the true root of the old restraint from passing the seas without licence ) si regi placuerit , assecurabunt eum quòd nec in eundo nec in redeundo , vel moram faciendo , perquirent malum sive damnum d. regi . vi. excommunicati non debent dare vadium ad remanentiam , nec praestare juramentum , sed tantum vadium & plegium standi judicio ecclesiae , ut absolvantur . vii . laici non debent accusari nisi per certos & legales accusatores & testes in praesentiâ archiepiscopi , vel episcopi ; ita quod archidiaconus non perdat jus suum nec quicquam quod inde habere debeat . viii . si tales fuerint qui culpantur quod non velit vel non audeat aliquis eos accusare , vicecomes requisitus ab eo faciat jurare xii . legales homines de vicineto , seu de villâ coram episcopo , quod inde veritatem secundum conscientiam suam manifestabunt . ix . nullus qui de rege tenet in capite nec aliquis dominicorum ministrorum , sub interdicto ( that is a censure ecclesiastical , whereby the administration of sacraments is prohibited in some particular place , or among some certain persons ) ponatur ; nisi prius dominus rex , si in terrâ fuerit , conveniatur , vel justitia ejus , si fuerit extra regnum : & rectum de ipso faciat , & ita ut quod pertinebit ad regiam curiam , ibidem terminetur , & de eo quod spectabit ad ecclesiasticam curiam , ad eandem mittatur , ut ibidem tractetur . x. de appellationibus , sicubi emerserint , ab archidiacono debent ad episcopum , & ab episcopo ad archiepiscopum , & si archiepiscopus defuerit in justitiâ exhibendâ , ad d. regem perveniendum est postremo , ut praecepto ipsius in curiâ archiepiscopi terminetur controversia : ita quod non debet ulterius procedere absque assensu d. regis . xi . si calumnia emerserit inter clericum & laicum , vel inter laicum & clericum , de ullo tenemento quod clericus velit ad eleemosynam trahere , laicus verò ad laicum feudum , recognitione xii . legalium hominum per capitalis justitiae regis considerationem terminabitur , utrum tenementum sit pertinens ad eleemosynam sive ad feudum laicum , coram ipsa justitia regis ; et si recognitum fuerit ad eleemosynam pertinere , placitum erit in curiâ ecclesiasticâ ; si vero ad laicum feudum , nisi ambo tenementum de eodem episcopo vel barone advocaverint , erit placitum in curiâ regiâ ; sed si uterque advocaverit de feudo illo eundem episcopum vel baronem , erit placitum in curiâ ipsius , ità quod propter factam recognitionem seisinam non amittat qui prius seisitus fuerat , donec per placitum disrationatum sit . xii . qui de civitate vel castello vel burgo vel dominico manerio d. regis fuerit , si ab archidiacono vel episcopo super aliquo delicto citatus fuerit , unde debeat eis respondere , & ad citationes eorum satisfacere noluerit , bene liceat eum sub interdicto ponere ; sed non debet excommunicari , priusquam capitalis justitia d. regis villae illius conveniatur , ut justiciet eum ad satisfactionem venire ; et si justitia r. inde defecerit , ipse erit in misericordiâ d. r. & exinde poterit episcopus eum accusatum ecclesiasticâ justitiâ coercere . xiii . archiepiscopi , episcopi , & universae personae regni qui de rege tenent in capite , & habent possessiones suas de d. rege , sicut baroniam , & inde respondent justiciis & ministris regis , & faciunt omnes rectitudines & consuetudines regias , sicut barones caeteri , debent interesse judiciis curiae d. regis cum baronibus suis , usque perveniatur ad diminutionem membrorum vel ad mortem . xiv . cum vacaverit archiepiscopatus vel episcopatus vel abbatia , vel prioratus de dominio regis , debet esse in manu ipsius , & inde percipiet omnes redditus & exitus , sicut dominicos ; et cum ventum fuerit ad consulendum ecclesiae , debet d. rex mandare potiores personas ecclesiae ; & in capellâ ipsius regis debet fieri electio , assensu d. regis , & consilio personarum regni quas ad hoc faciendum vocaverit , & ibidem faciet electus homagium & fidelitatem d. regi , sicut ligio domino , de vitâ suâ , & membris , & de honore suo terreno , salvo ordine suo , priusquam sit consecratus . xv. si quisquam de proceribus deforciaverit archiepiscopo , episcopo vel archidiacono , de se vel de suis justitiam exhibere , rex debet justitiare . xvi . si forte aliquis deforciaverit d. regi rectitudinem suam , archiepiscopus , episcopus , & archidiaconus debent eum justitiare , ut regi satisfaciat . xvii . catalla eorum qui sunt in regis forisfacto , non detineat ecclesia , vel coemeterium contra justitiam regis , quia ipsius regis sunt , sive in ecclesiis , sive extra fuerint inventa . xviii . placita de debitis quae fide interposita debentur , vel absque interpositione fidei , sint in curia regis . xix . filii rusticorum non debent ordinari absque assensu domini , de cujus terrâ nati dignoscuntur . different in particulars of no slight moment are the reported clarendon constitutions in the greater history of matthew paris , first published ( as i think ) by that reverend father matthew parker , arch-bishop of canterbury , whose archetype , as it was transcribed by a countrey vicar , and delivered to the printer's hands ( i have part of that transcript to witness it , in mine own hands ) is but equal in every iota to the published copy : but as they are here written i have seen them added , without discrepancy of a syllable , at the end of the life and death of st. thomas of canterbury , drawn in ancient hand , and out of a quaternity of former authors , herbert of doseham , william a monk of canterbury , john of salisbury and alan abbot of teukesbury , into a just volume collected : huic libello nostro ( saith the author , that you may know what work they make here ) inserere studuimus funestum illud & famosum decreti chirographum , consuetudines ( viz. ) illas regias apud clarendonam promulgatas , quas ideò hic interseruimus , ut legant secula post futura , & hinc cognoscant quàm justa , quàm perspicua fuerit gloriosi neomartyris thomae , primò exilii & pòst martyrii causa . what contention ( after confirmation by oath of the whole baronage ) grew hereupon 'twixt the king and that canonized arch-bishop , is in every chronologer of those times enough declared . but it cannot be ungratefully received , if both for respect to an old english endeavouring wit , and also for matter , form and phrase of relation , out of robert of glocester , be made this superaddition . no man ne might thenche the love that there was bitwene the k. h. and the gode man s. thomas ; the diuel had enui therto , and set bitwen them feu , alas , alas thulke stond , vor all to well it greu . uor there had ere ibe kings of luther dede as w. bastard , and his son w. the rede . that luther laws made inou , and held in al the lond the k. uold not beleue the lawes that he fond , ne that his elderne bulde , ne the godeman s. thomas thought that thing age right neuer law uas . ne sothnes and custom mid strength up ihold , and he wist that vre dere lourd in the gospel told that he himselfe was sothnes , and custum nought , theruore luther custumes he uould graent nought . ne the k. uould bileue that is elderne ad ihold , so that conteke sprung bituene them manifold . the k. drou to right law mani luther custume , s. thomas thom withsed , and granted some . the lawes that icholle now tell he granted vawe . zuf a yuman hath a sone to clergi idraw he ne sall without is lourdes icrouned nought be , uor yuman ne mai nought be made agen is lourds will free . in the eighteenth of clarendon customs is the substance of this particular ; wher 's rusticorum interpreted yumen in this poet , is mentioned : to both , as a synonymy , is homines used as well in the law-annals of later times , and in writs of ven. fac . xii tam milites quam alios liberos & legales homines de vicineto , &c. as in older constitutions before expressed . gemen is the common allowed saxon root , whence our now usual name of yeoman had his beginning : but my conceit with a painted imposture deceives me , if the ancient latin be not father of both , but in a dialect different . nor let it be a fault ad appios & coruncas redire , some taste in yeomen is of homines , but more of hemones ; which in ennius and festus , is not otherwise significant , than themen in english , altered only in character in gemen the saxon word . but to my law-rhythms again ; another thing he granted eke as ye mow nouise ; yuf a man of holi chirch hath eni lay fee ; parson , other what he be , he ssal do therevore kings service that there ualth , that is right ne be vorlore , in plaiding and in assise be and in judgement also . bote war man ssal be bilemed , other to deth ido . he granted eke yuf eni man the kings traitor were , and eni man is chateux to holi chirch bere that holi chirch ne solde nought the chateux there let that the k. there other is as is owne is ne wette . uor all that the felon hath the kings it is and eche man mai in holi church is owne take iwis . he granted eke that a chirche of the kings fe in none stede ene and ever ne ssold igiue be as to hous of religion , without the kings leve , and that he other the patron the gift first gave . s. thomas granted well these and other mo , and these other he withsede that did him well woe . i. yuf bituene twei leud men were eni striving , other bituene a leud and a clerc , for holi chirch thing , as vor vouson of chirch whether shold the chirch give , the k. wold that in his court the ple ssold be driue ; uor as much as a leud man that the o parti was chanliche was under the k. & under no bishop nas . what he styles lewedmen , is by our common phrase lay-men , leudes in the old teutonique and saxon ( as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greek from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. a stone , referred , as pindar hath it , to that mythick instauration of hard mankind by deucalion and pyrrha ) is equivalent to the multitude or common people , in the present english. for yef a priest be foule , on whome we trust , no wonder is a leude man to rust . but then the ignorant are by it noted , rather than who are not clerks ; for the same jeoffrey in another place saith , this every leud uicar and parson can say . robert of glocester speaks again : ii. another was no bishop , ne clerc nathe mo , ne ssolde without kings leue out of this lond go . and than hii ssolde suere upe the boke ywis . that hii ne sold purchas no uvel the k. ne none of is . iii. the thrid was yuf eni man in mausing were ibrought , and suth come to amendment , ne age were nought , that he ne suore up the boc , ac borowes find solde to stand to that holy chirch there of him toky wold . iv. the verth was that no man that of the k. huld ought in cheife or in eni servise in mausing were ibrought , bote the wardeins of holy chirch that brought him thereto , the k. sede or is bailifes wat be ad misdo , and loked verst were thei to amendment it bring , and vote hii wolde by their leue do the mausing . v. the vist was , that bishoprikes and abbeis also that vacans were of prelas in the k. hand were ido , and that the k. sold all the land as is owne take , uort at last that him lust eni prelat there make . and than thulke prelat sould in is chapel ichose be . of is clarks which he wuld to such prelate bise . and than wan he were ichose in is chapel right there , homage he solde him do ar he confirmed were . vi. the sixt was yuf eni play to chapitle were idraw , and eni man made is appele , yuf me dude him unlaw , that to the bishop from ercedeken is appele sold make , and from bishop to arcebissop and suth none other take , and but the ercebissops court to right him wold bring , that he sold from him be cluthe bivore the king. and from the k. non other mo so that attan end plaining of holi chirch to the k. shold wend. and the k. amend solde the ercebissops dede , and be as in the popes stede , and s. thomas it withsede . vii . the seuenthe was that plaiding that of det were to yeld wel thoru truth iplight , and nought ihold nere althei thoru truth it were , that ple sold be ibrought bivore the k. and is bailies and to holy chirch nought . viii . the eighth was that in the lond citation none nere thoru bull of the pope of rome , and clene bileued were . ix . the nithe was that peters pence that me gadereth manion the pope nere nought on isend , ac the k. echone . x. the tethe was yuf eni clarke as felon were itake , and vor felon iproved and ne might it not forsake , that me sold him verst disordein and suth thoru there law , and thoru judgement of the land hong him other to draw . uor these and vor other mo the godeman s. thomas fleu verst out of englond and eke imartred was , uor he sei there uas bote o way , other he must stiffe be , other holy chirch was isent , that of right was so fre . absolution of the prelates oath , which among others confirmed what he soon made retractation of , was obtained from alexander the third , bishop of rome ; who gave an insolent repulse to the kings ambassadors , sent for his ratification of that which the baronage had thus concluded . the king herewith exceedingly provoked , made present dispatch of letters to every sheriff in the kingdom , thus pronouncing ; xix . praecipio tibi , quod si aliquis clericus , vel laicus in ballivâ tuâ , romanam curiam appellaverit , eum capias & firmiter teneas , donec voluntatem meam praecipiam ; & omnes redditus clericorum archiepis●opi , & possessiones seisias in manum meam , & omnium clericorum qui cum archiepiscopo sunt , patres , matres , fratres , sorores , nepotes , & neptes pones per salvos plegios , & catalla eorum , donec voluntatem meam inde praecipiam . et hoc breve tecum afferas cùm summonitus fueris . xx. si quis inventus fuerit ferens literas d. papae ( this is spoken of before in my poet ) vel mandatum , aut thomae archiepiscopi , continens interdictum christianitatis in angliâ , capiatur & retineatur , donec inde voluntatem meam praecipiam . but in the annals of roger of hoveden , dedo sicut de regis traditore & regni , sine dilatione justitia fiat . xxi . promulgation also , by way of prohibition , was made of most of the former diminutions of papal or episcopal authority : the clergy-men , that were beyond sea , under forfeiture of their livings , were charged , by summons in their places of due residence , to return . xxii . londoniensis & norwicensis episcopi summoneantur , & sint coram justitiariis regis ad rectum faciendum , quod contra statuta regni interdixerunt terram comitis hugonis , & in ipsum sententiam anathematis intulerunt . xxiii . denarii s. petri colligantur & custodiantur . xxiv . in the th of his reign at nottingham , celebravit ( saith hoveden ) magnum concilium de statutis regni sui , & coram rege filio suo , & coram archiepiscopis , episcopis , comitibus & baronibus regni sui communi omnium consilio divisit regnum suum in vi. partes , per quarum singulas tres justitiarios itinerantes constituit ; here was the infancy of that form of circuits by justices in eyre , whose names and described limits my author in a sexpartite division hath remembred . et postea ( you hear him again ) fecit d. rex omnes praedictos justiciarios jurare super sacrosancta evangelia , quod ipsi bonâ fide & sine malo ingenio , has subscriptas assisas custodirent , & inviolabiliter ab hominibus regni facerent custodiri ; the subscribed articles with this title thus he hath recorded : assisae henrici regis factae apud clarendon & renovatae apud northamtune . xxv . si quis rectatus fuerit coram justiciis d. regis de murdro , vel latrocinio , vel roberia , vel receptatione hominum tale facientium , vel de falsoneria , vel iniquâ combustione , per sacramentum xii . militum de hundredo , & si milites non adfuerint ( i here understand by milites no other than such as were fendatorii , or held of some superior by knight's service , thereby distinguished from milites solidarii or servientes , i. e. hired soldiers , and both from the name of dignity used in ceremonious chivalry far separated ) per sacramentum xii . liberorum & legalium hominum , & per sacramentum iv. hominum de unaquâque villa hundredi , eat ad judicium aquae ( i. e. to the watry ordeal , described with the fiery in lambard 's exposition of words before his saxon laws , and in the antiquities of the church of britany , published , as i suppose , by matthew parker archbishop of canterbury ) & si perierit , alterum pedem amittat ; and apud northamtvne additum est pro rigore justitiae , quod dexterum similiter pugnum cum pede amittat , & regnum abjuret & infra xl. dies à regno exulet ; et si ad aquam mundus fuerit , inveniat plegios , & remaneat in regno , nisi ●ectatus fuerit de murdro vel aliquâ turpi feloniâ per commune comitatus & legalium militum patriae : de quo , si praedicto modo rectatus fuerit , quamvis ad aquam mundus fuerit , nihilominus infra xl. dies à regno exeat , & catalla sua secum asportet , salvo jure dominorum suorum , & regnum abjuret in misericordia d. regis . xxvi . nulli liceat , neque in burgo , neque in villa , hospitari aliquem extraneum ultra unam noctem in domo sua , quem ad rectum habere noluerit , nisi hospitatus ille essonium rationabile habuerit , quod hospes domus monstret vicinis suis , & cum recesserit , coram vicinis recedat & per diem . xxvii . si quis seisitus fuerit de murdro , vel de latrocinio , vel roberia , vel falsoneria , & inde sit cognoscens , vel de aliqua alia felonia , quam fecerit , coram praeposito hundredi , vel burgi , & coram legalibus hominibus , id posteà coram justitiis negare non poterit . et si idem sine seisina coram eis aliquid hujusmodi recognoverit , hoc simul coram justitiis negare non poterit . xxviii . si quis obierit francus tenens , haeredes ipsius remaneant in tali seisina , qualem pater suus habuit die qua fuit vivus & mortuus , de feodo suo , & catalla sua habeant unde faciant divisam defuncti , & dominum suum posteà requirant , & ei faciant de relevio & aliis , quae eis facere debent de feodo suo . xxix . si haeres fuerit infra aetatem , dominus feodi recipiat homagium suum , & habeat in custodiâ illum quamdiu debuerit ; alii domini , si plures fuerint , homagium ejus recipiant , & ipse faciat eis quod facere debuerit . xxx . vxor defuncti habeat dotem suam , & partem de catallis ejus quae eam contingit , which by the law in those days was a third part , if the dead had left issue , but a moity , if he were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . xxxi . si dominus feodi negat haeredibus defuncti seisinam ejusdem jeodi quam exigunt , sustitiarii d. regis faciant inde fieri recognitionem per xii . legales homines , quatem seisinam defunctus inde habuit die qua ficit vivus & mortuus ; this is the very mortdancester ; et sicut recognitum fuerit , ita haeredibus ejus restituant ; & si quis contrà hoc fecerit & inde attaintus fuerit , remaneat in misericordiâ regis . xxxii . justitiae domini regis faciant fieri recognitionem de disseisinis factis super assisam , à tempore quo d. rex venit in angliam proximo post pacem factam inter ipsum & regem filium suum . xxxiii . justitiae capiant fidelitates d. regis infra claus. pasch. & ad ultimum infrà claus. pentecost . ab omnibus videlicet comitibus ; baronibus , militibus & liberè tenentibus , & etiam rusticis qui in regno manere voluerint ; & qui facere ●oluerit fidelitatem , tanquam inimicus d. regis capiatur . xxxiv . habent etiam justitiae praecipere quod omnes illi qui nondum fecerunt homagium & ligeantiam d. regi , quod ad diem , quem eis nominabunt , veniant & faciant regi homagium , & ligeantiam , sicut ligeo domino . xxxv . justitiae faciant omnes justitias & rectitudines spectantes ad d. regem , & ad coronam suam , per breve domini regis , vel illorum qui in loco ejus erunt , de feodo dimi●û milit . & infrà ( if the account of a knights fee be by the annual value , then confidently according to the quadruple proportion of the known relief , you may affirm it , by xx l. lands ; and so likewise by comparison with soccage payment upon the stat. of west . . for aid , a fair fitz chivalier , or a file marryer ; but by a calculation prefixed to the red book of the exchequer , dclxxx . acres make exactly the summe ) nisi tam grandis sit querela , quod non possit deduci sine d. rege , vel talis quam justitiae ei reponent pro dubitatione suâ , vel ad illos qui in loco ejus erunt ; intendant tamen pro posse suo ad commodum d. regis faciendum . xxxvi . faciant assisam de latronibus iniquis , & malefactoribus terrae quae assisa est , per concilium regis , filii sui , & hominum suorum ; per quos ituri sunt comitatus . xxxvii . justitiae provideant quod castella diruta prorsus diruantur , & diruenda benè prosternantur ; et nisi hoc fecerint , d. rex judicium curiae suae de eis habere voluerit , sicut de contemptoribus praecepti sui . xxxviii . justitiae inquirant de escaetis , de ecclesiis , de terris , de foeminis quae sunt de donatione d. regis . xxxix . ballivi d. regis respondeant ad scaccarium , tam de assiso redditu , quam de omnibus perquisitionibus suis , quas faciunt in balliviis suis , exceptis illis quae pertinent ad vicecomitatum . xl. justitiae inquirant de custodiis castellorum , & qui , & quantum , & ubi eas debeant , & postea mandent d. regi . xli . latro , ex quo capitur , vicecomiti tradatur ad custodiendum , & , si vicecomes absens fuerit , ducatur ad proximum castellanum , & ipse illum custodiat donec illum liberet vicecomiti . xlii . justitiae faciant quaerere per consuetudinem terrae , illos qui à regno recesserunt , & nisi redire voluerint infra terminum nominatum , & stare ad rectum in curiâ regis , postea ut lagentur , & nomina ut lagorum afferantur ad pascha , & ad fest. s. mich. ad scaccarium , & exinde mittantur d. regi . while thus the king made provident order for lay-business , hugo à petra leonis , the pope's legate in england , laboured for dila●ation of church ; to whom was granted by the king : xliii . quod de caetero clericus ( matthew paris his report ) non trahatur ante judicem secularem personaliter , pro aliquo crimine vel transgressione , nisi pro forestâ & laico feudo , unde regi vel alii d. seculari laicum debetur servitium . xliv . vt archiepiscopatus , episcopatus , vel abbatiae , non teneantur in manu regis ultra annum , nisi pro causâ evidente , vel necessitate urgente . xlv . vt interfectores clericorum convicti vel confessi , coram justiciario regni , praesente episcopo puniantur . xlvi . quod clerici duellum facere non cogantur . xlvii . statuit apud woodstock , quod quicunque forisfecerit ei de forestâ suâ , semel de venatione suâ , de ipso salvi plegii capiantur ; & si iterum forisfecerit , similitèr capiantur de ipso salvi plegii ; si autem tertiò idem forisfecerit , nulli plegii capiantur , sed proprium corpus forisfactoris : which concludes what of his laws common histories afford . chap. ix . richard ceur de lion. this henry's successor was the stout richard ceur de lion : himself in person attending the eastern wars . division by his commission was made for maintaining the laws and customes of the kingdom , of the whole government , 'twixt hugh of pusar , bishop of durham , and william bishop of ely , lord chancellor . the stream of all , howsoever there was an association of hugh bardulph and william briwere , was carried as the prelates pleased , until their ambitious insolency made a period to their too great authority . after his return justices in eyre were sent into every county , & secundùm subscriptorum formam capitulorum ( saith hoveden ) processerunt in justiciis exequendis . forma procedendi in placitis coronae regis . i. inprimis eligendi sunt iv. milites de toto comitatu ; qui per sacramentum suum eligant ii. legales milites de quolibet hundredo , vel wapentacco . et illi ii. eligant super sacramentum suum x. milites de singulis hundredis , vel wapentaccis● ; vel si milites defuerint , legales & liberos homines , ità quòd illi xii . insimul respondeant de omnibus capitulis de toto hundredo vel wapentacco . capitula placitorum coronae regis . ii. de placitis coronae novis & veteribus , & omnibus quae nondum sin● finita , coram justiciariis d. regis : iii. item de omnibus recognitionibus & omnibus placitis , quae summonita sunt coram justiciariis per breve regis , vel capitalis justitiae , vel à capitali curiâ regis coram eis missa . iv. item de escaëtis , quae sunt & quae fuerunt postquam rex arripuit iter versus terram jerusalem , & quae fuerunt tunc in manu regis , & sunt modò in manu ejus , vel non ; & de omnibus escaëtis domini regis , si à manu sua sint remotae , quomodò , & per quem , & in cujus manus devenerunt , & qualitèr & qui exitus inde habuerit , & quos , & quid valuerint , & quid modò valeant , & si aliqua eschaëta sit , quae ad d. r. pertineat , quae in manu ejus non sit . v. item de ecclesiis quae sunt de donatione d. regis . vi. item de custodiis puerorum quae ad d. regem pertinent . vii . item de malefactoribus & eorum receptoribus & eis consentientibus . viii . item de maritagiis puellarum vel viduarum , quae ad d. regem pertinent . ix . item de falsonariis . x. item de interfectoribus judaeorum , qui sint , & qui vadii judaeorum interfectorum , & catallis , & terris , & debitis , & chartis , & quis ea habuerit , & quantum eis debuerit , & quae vadia habuerint , & quis ea teneat , & quantum valeant , & quis exitus inde habuerit , & quos : & omnia vadia & debita judaeorum interfectorum capiantur in manum reg. & qui ad occisionem judaeorum fuerant , & non fecerunt sinem cum d. r. vel justitiariis suis , capiantur , & non deliberentur nisi per d. r. vel justitiarios suos . xi . item de omnibus auxiliis datis ad redemptionem domini regis ( which were for his ransome out of the hands of the emperour henry ......... to whom limpold duke of austri● , who took him prisoner , had sold him and amounted to cxl . marks of silver ) quis quantum promiserit , & quantum reddiderit , & quantum aretro sit . xii . item de fautoribus comitis johannis ( it was his brother who affected the english diadem , in the time of richard 's captivity ) qui finem fecerunt cum d. rege & qui non . xiii . item de catallis comitis johannis , vel fautorum ejus , quae ad usum d. regis non sunt conversa , & quantum vicecomites receperunt , vel ballivi sui , & quis aliquid contra antiquas consuetudines regni dederit . xiv . item de omnibus terris comitis johannis , de dominicis & wardis , & escaetis , & de donis suis ; & quâ de causâ data sunt ei illa dona , & omnia dona comitis johannis capiantur in manum regis , praeterquam illa quae per regem confirmata sunt . xv. item de debitis & fi●ibus quae debentur comiti johanni & quâ de causâ , & omnia exigantur ad opus d. regis . xvi . item de foeneratoribus & eorum catallis , qui mortui sunt . for by an old law of the confessor , usury under pain of loss of the offender's substance , is forbidden . xvii . item , de vinis venditis contrà assisam , & de falsis mensuris , tam vini quam aliarum rerum . xviii . item de cruciatis mortuis ante iter suum arreptum versus jerusalem , & quis eorum catalla habuerit , & quae , & quanta . xix . item de magnis assisis , quae sunt de centum solidatis terrae , & infrà . xx. item de defaltis . xxi . praetereà in quolibet comitatu eligantur . milites , & unus clericus , custodes placitorum coronae , & nullus vicecomes sit justitiarius in vicecomitatu suo , nec in comitatu , quem tenuerit post primam coronationem d. regis . annexed is to all these an intricate kind of inquisition , appropriated to that time , of the kings profits in wards , and escaets , with farms , and other country-commodities , which would receive larger place here , than the inconveniency demands . xxii . omnia debita & vadia judaeorum imbrevientur , terrae , domus , redditus & possessiones . judaeus vero , qui aliquid horum celaverit , sit in forisfacturâ d. regis de corpore suo , & concelamento , & de omnibus possessionibus suis , & omnibus catallis suis , nec unquam concelamentum judaeo recuperare licebit : with particular form of place and persons , where , and before whom this imposition might be performed . xxiii . for especial exercise in chivalry , that practice might breed skill , and both alacrity to arms , he instituted by grant , torneaments , but not without certain restraints ; as by his charter thereof made to hubert archbishop of canterbury , and reported in the red book of the exchequer , is thus apparent ; sciatis nos concessisse , quod torneamenta sint in angliâ , in quinque plateis inter sarum & wilton , inter warwick & kelingworth , inter stamford & walingford , inter brakeley & mixeber , inter bly & tikehill : ita quod pax terrae meae non infringatur , nec de forestis nostris damnum inferatur . et comes , qui ibi torniare voluerit , dabit nobis xx. marcas ( understand it of silver ) & baro x. marcas ; & miles , qui terram habuerit , iv. marcas , & qui non habuerit , ii. marcas . nullus autem extraneus ibi torniabit ; unde vobis mandamus quod ad diem torneamenti habeatis ibi ii. clericos , & ii. milites vestros , ad capiendum sacramentum de comite & barone , quod vobis de praedictâ pecuniâ ante torneamentum satisfacient ; & quod nullum torniare permittant , antequam super hoc satisfecerit ; et x. marcas pro cartâ ad opus nostrum capiatis , unde comes sarum & comes de clara & comes de warrena plegii sunt . teste meipso apud villam episcopi , xxii . die augusti . first use of these torneaments was ( as william of newborough delivereth ) in the time of stephen , prohibited under henry fitz-l'empres , and by this lyon-hearted prince , to martial honor , restored . xxiv . praecepit , quod omnes , qui chartas habebant , venirent ad novu● sigillum suum ( this new seal was , after the old lost , with one roger , the king's vice-chancellor , drowned in the cyprian sea ) ad chartas suas r●novandas . xxv . constitutum est , quod omnes mensurae totius angliae sint ejusdem quantitatis , tam de bladis , quam de leguminibus & de rebus consimil●bus ; scilicet una bona summa aequi : & haec mensura sit rata , tam in civitatibus & burgis quam extra ; mensura etiam vini & cerevisiae , & cunctorum liquorum , sit ejusdem quantitatis , secundum diversitatem liquorum ; pondera etiam & librae , & caeterae pesiae , sint ejusdem quantitatis in toto regno , secundum diversitatem mercaturarum . xxvi . mensuris bladorum & liquorum , vini & cerevisiae , inclaventur claves , ne per dolum possint falsari . xxvii . lanei panni , ubicunque fiunt , fiant de eâdem latitudine , scilicet de duabus ulnis infra lisuras , & ejusdem bonitatis in medio & in lateribus . xxviii . eadem ulna sit in toto regno , & ejusdem quantitatis , & ulna sit ferrea . xxix . ne quis mercator praetendat seldae suae rubros pannos , vel nigros , vel scuta , vel aliqua alia , per quae visus emptorum saepe decipiuntur , ad bonum pannum eligendum . xxx . nulla tinctura vendenda , nisi solummodò nigra , nec fiat ( so i distinguish the words ) alicubi in regno , nisi in capitalibus civitatibus , aut burgis iv. aut vi. legales homines de ipsâ villâ secundùm quantitatem villae ; similiter , in vicecomitatu ; aut cum praepositis civitatis aut burgi , si in manu vicecomitis non fuerint , assignentur ad assisam custodiendam ; scilicet sub hâc formâ , ut ipsi videant & certi sint quod omnia vendantur , & emantur per eandem mensuram , & omnes mensurae sint ejusdem quantitatis , secundùm diversitatem mercium . xxxii . the punishment of the offenders , was corpora eorum capiantur , in carcerem detrudantur , & omnia quae ipsius sunt , ad fisci commodum , seisiantur . xxxiii . if the instituted comptrollers fail in that trust committed to them , de catallis suis in misericordia regis remaneant . xxxiv . an aid of s. the hide , was taken through the kingdom : for collection were commissions granted , and power of conventing the land tenants , and charging them by oath to make true report of hides in every mannor ; ad poenam verò juratorum , qui aliquid contra juramentum suum celaverint in hoc negotio , statutum erat , quod quicunque rusticus convictus fuisset de perjurio , daret domino meliorem bovem de carucâ suâ , & insuper responderet de proprio ad opus d. regis , tantum pecuniae , quantum fuisset declaratum per suam perjuriam fuisse celatum . si verò liber homo ( by the opposite of the title ( rusticus ) i conceive generally tenants in ancient demesne , which are not allowed the addition of freeman , and copyholders ) convictus fuisset , esset in misericordià regis , & insuper refunderet de proprio , ad opus d. regis , quantum fuerit per eum celatum , sicut & rusticus . xxxv . statutum fuit , quod quilibet baro cum vicecomite faceret districtiones super homines suos , & , si per defectum baronum , districtiones factae non fuissent , caperetur de dominico baronum quod super homines suos restaret reddendum , & ipsi barones ad homines suos inde caperent : & libera feoda ecclesiarum parochialium de hoc tallagio excipiebantur , & omnes excaet . baronum quae fuerunt in manu domini regis , communicaverunt . xxxvi . serganteriae d. regis , quae non erant de feodis militum , excipiebantur : take it of graund or petit serjeanty , and it fully accords with some term books , of later times allowed , and published . capitula placitorum coronae d. regis , whereof hugh bardulph , roger arundel , and geffrey harset , justices in eire through the northern parts , held plea. xxxvii . de omnibus assisis , & de magnis assisis , usque ad x. libratas terrae , & infrá . xxxviii . de advocationibus ecclesiarum , & capiantur coram eis electiones magnae assisae per mandatum d. regis , vel ejus capitalis justittae . xxxix . de ecclesiis vacantibus vel non vacantibus , quae fuerunt de donatione d. regis . xl. de excaetis d. regis . xli . de donationibus & de valectis , & puellis , quae sunt , vel esse debent , in donatione d. regis , & de valentiis terrarum suarum , & si quis eorum vel earum sit maritatus , & inquiratur cui , & per quem , & à quo tempore . xlii . quae viduae non finierunt pro se maritandis , & finis capiatur ad opus d. regis . xliii . de serganteriis d. regis , quis ea habet , & per quem , & quantum valent , & qui finem non fecerunt ad auxilium domini regis ( look before in art . xxxvii . ) & qui fecerunt , & finis capiatur . xliv . de usuris christianorum , & eorum catallis , qui sunt mortui . xlv . de illis , qui sunt in misericordiâ regis , & non amerciati . xlvi . de purpresturis d. regis . xlvii . de viis d. regis estreciatis . xlviii . de thesauris inventis . xlix . de malefactoribus & eorum receptoribus . l. de fugitivis retatis , reversis post ultimam assisam . li. de omnibus ponderibus , & mensuris , & ulnis renovatis , & si iv. homines ( refer hither the xxxii . article ) qui sunt attornati ad haec custodienda in unaquâque villâ , fecerint quod inde statutum est , & si attachiaverint transgressores illius assisae , & si non attachiaverint , prout debent , puniantur sicut ipsi transgressores . lii . totum vinum illius qui vendidit contra assisam , capietur ad opus d. regis , & praetereà dominus vini & venditores , sint in misericordiâ regis . liii . of defaults in the commissioners , appointed for levying the aids . liv. de custodibus portuum maris , si quid receperunt quod non reddiderunt , & si mercedem aliquam receperunt pro jure regis retinendo , & si quis aliquid receperit , qui non fuerit ad hoc attornatus . the justices of the forest , h●gh of nevill chief justice , hugh wac , and ernise of nevil made their circuits , authorised by the king's commission ; that in every county , where they were to pass , they should call before them ad placita forestae , archbishops , bishops , earls , barons , all free-holders , the chief of every town , and iv. yeomen ad audienda praecepta regis . haec est assisa d. r. & haec sunt praecepta de forestis suis in anglia , facta per assensum & consilium archiepiscop . & episc . & abbat . comit. & bar. & militum totius regni . lv. that none should trust , in hope of easie composition for offences , touching venison , or other matters of the forest , but that justice should be done to the convict , qualis facta fuit tempore henr. avi patris d. regis ( viz. ) ut amittant oculos & testiculos . lvi . that none presume to keep bowes , arrowes , grey-hounds , or other dogs in the king's forest , nisi habeant ipsum r●gem ad warrantum suum , vel aliquem alium , qui eum possit inde warrantizare . lvii . quod nullus donet vel vendat aliquid ad destructionem bosci sui , vel ad wastum quae sit infrà forestam regis , sed concedit bene quod capiant de boscis suis quod necesse eis fuerit , sine wasto , & hoc per visum forestarii sui & viridariorum suorum . lviii . quod omnes illi , qui boscos habent infrà metas forestae d. regis , ponant idoneos forestarios in boscis suis , de quibus forestariis ipsi , quorum bosci fuerint , sint plegii , vel tales inveniant plegios idoneos , qui possunt emendare , si forestarii in aliquo forisfecerint , quod d. regi pertineat . lix . that the king's foresters take special survey , lest other mens woods , intrà metas forestae , be destroyed ; & sciant benè illi , quorum bosci fuerint , quòd de ipsismet , vel de eorum terris , capietur emendatio , & non de alio . lx. quod sui forestarii jurent , quod secundùm omne posse suum , tenebunt ejus assisam , qualem eam fecit de forestis suis , & quòd non vexabunt milites , neque probos homines , de hoc quod d. rex iis concessit de boscis eorum . lxi . that in every county , where he hath venison , there be placed xii . milites , ad custodiendam venationem suam & viride in forestis suis , & quod iv. milites ponantur ad adgistandos boscos suos , & ad recipiendum pannagium suum , & custodiendum & defendendum . lxii . quod nullus adgistet boscos suos infra metas forestae ( i think you had need translate metas into regard oft-times among these orders ) antequam bosci eorum adgistentur ; et est sciendum quod incipit adgistamentum d. regis xv. dies ante festum s. michaëlis ; & durat xv. dies post festum s. michaëlis . lxiii . si forestarius ejus habet in custodiâ suâ dominicos boscos regis , & bosci illi destructi fuerunt , & non possit nec sciat justam causam monstrare , quare bosci destruantur , nihil aliud capiatur de forestario illo , nisi proprium corpus suum . lxiv . if any clergyman offend in the forest , non dubitent forestarii in eos manus imponere , ad eos resistendos & capiendos , ipse enim eos inde warrantizabit . lxv . that every three years view be taken of all assarts , as well new as old , and of all purprestures , and of all wasts of the woods , and that they be severally inrolled . lxvi . that archbishops , bishops , barons , knights , freeholders and all yeomen of the land , appear at the summons magistri forestarii sui , ad placitanda placita de forestis suis. lxvii . ne aliqua caretta exeat chiminum in forestâ regis , neque porci sint in forestâ regis tempore de foinesun , ( it is now à foetatione , called the fence , or rather the fawnes month ) scilicet xv. diebus antè nativitatem s. joannis baptistae , & xv. diebus post idem festum . lxviii . who so shall offend in taking the king's venison , and be thereof attainted , shall have judgment of loss of his eyes and genitals ; qui autem forisfecerit in forestâ regis de viridi , sive per culpaturam , sive per esbrancaturam , sive per foditionem turvarum , sive per escoriationem morae , sive per culpationem de subvemore , sive per essartum , sive per novam purpresturam ; per sepem , vel fossatam ; vel per * remotionem molendini , vel cursus aquae , vel bercariae ; vel aliarum domorum , vel per foenum falcandum extra sepes vel extra fossata ; erit in misericordiâ regis de pecuniâ suâ , nisi habeat viridarios , vel forestarios regis ad warrantum . lxix . similiter qui arcus vel sagittas portaverint vel canes duxerint sine copulâ per forestam regis , & inde attaintus fuerit , erit in misericordiâ regis . lxx . videnda sunt in reguardo nova assarta & vetera inbladata post ultimum reguardum , & quo blado vel legumine inbladata sunt . lxxi . nova assarta in manu regis , si vetera assarta inbladata sunt de frumento vel siligine , unaquaeque acra dabit regi xii . denarios de illâ vestiturâ , & si inbladata fuerint de avenâ , vel hordeo , vel fabis vel pisis , vel alio legumine , unaquaeque acra dabit regi vi. denarios de illâ vestiturâ ; et sciendum est quod tempore henrici regis f. mat. imp. permissum erat intrà metas forestae fossata fieri loco sepium . lxxii . exiit edictum à rege , ut quicunque in regno suo forisfecisset clerico , aut alii viro religioso , non cogeretur satisfacere illi : sed si clericus , aut alius vir religosus , forisfecisset alicui laico , statìm compelleretur ad satisfaciendum illi : unde factum est quod viri religiosi ad redemptionem coacti sunt : the main end of all was exchequer profit ; which this richard too much labouring for by published edicts at home , and contending for by arms abroad , at length lost it , and together unluckily his life . chap. x. king john and his grand charter . the burden of the state after richard's death , was laid upon his brother john earl of moreton . he in the immediate times after his inauguration , made divers laws , touching sale and prices of french wines , reported in roger of hoveden's annals . but all conveniency of merchandize and they were so incompetible , that they were almost as soon abrogated , as enacted . consuetudines scaccarii super debitis d. r. inquirendis . i. statutum est in angliâ , & per praeceptum r. joannis confirmatum , quod nullus vicecomes recipiet aliquem ad praesentationem baronis in seneschallum , qui non possit respondere de misericordiâ pertinente ad transgressionem fidei , si fortè in eam inciderit . quod autem seneschallus ad praesentationem baronis , quod pacem faciat vicecomiti de debitis domini sui ad scaccarium , intelligendum est quod super computum vicecomitis mittatur in prisonam statutam , secundum legem scaccarii , & debitum regis capiatur de catallis domini sui , secundum legem scaccarii : quod si fidem praestitam non servaverit , ita quod ad computum vicecomitis non venerit , vel si venerit & sine licentiâ recesserit , corpus ejus capiatur , & in prisonam ponatur statutam , nec deliberetur nisi per speciale mandatum d. regis . item mittatur ad terram domini cujus seneschallus defecerit , & de catallis suis solvatur pecunia quae debetur , secundum legem scaccarii , & si pecunia illa debeatur pro fine terrae , & catalla non inveniantur , unde pecunia illa solvatur , ipsa terra , pro quâ finis facta fuit , capiatur in manum d. regis , & teneatur donec illa pecunia solvatur , secundum legem scaccarii . ii. in poenâ laesionis fidei , seneschallus , qui finem transgressus fuerit , nunquam de hoc vel de alio debito per fidem suam credatur , vel recipiatur , nec dominus credatur , vel recipiatur de hoc debito , nisi de gratiâ & voluntate regis , secundum legem & consuetudinem scaccarii . iii. fecit ( not long after ) generalitèr acclamari , ut legalis assisa panis inviolabitèr sub poenâ collistrigiali observaretur : quae probata fuit per pistorem gaufridi filii p. justitiarii angliae , & pistorem r. de thurnam . ita quod pistores poterint sic vendere & in quolibet quarterio lucrari iii. denarios , exceptis brennio & . panibus ad furn . & . servientibus iv. obolos , . gracionibus . quadrantem , & in busia iii. denarios , & in bultello obolum : with a proportionate price and weight 'twixt corn & bread at large reckoned . iv. celebrating the christmas at bristow , capturam avium per totam angliam interdixit . v. praecepit per forestas totius angliae sepes comburere , & fossata complanare , datis frugibus circumquâque bestiis ad devorandum . vi. after transaction of that great controversie 'twixt the king and innocent iii. bishop of rome , publick commandment was given for observation and maintenance of the laws of henry his great grandfather . vii . denuntiatum est praetereà vicecomitibus , forestariis aliisque ministris regis , sicut vitam suam diligunt , ne à quopiam aliquid violentèr extorqueant , vel alicui injuriam irrogare praesumant , aut scottalla alicubi in regno faciant , sicut facere consueverunt . but notwithstanding those general forms of reformation , a more serious and recapitulated was desired by the whole baronage ; a grand council is appointed at paul 's in london , and there by stephen archbishop of canterbury , is produced a copy of henry beauclerk 's free charter ( which is before expressed ) and the same delivered to the chief clerk there , to be openly read & pronounced . as soon as the barons heard it , was a uniform consent , that maintenance and assertion of those liberties should rest , as of more dear account , in their martial resolutions , than bloud or life . nay in short space after , mutual combination by solemn oath taken upon the altar was made among them , that their band of fealty dissolved ( for so they deemed john 's government had occasioned ) their swords should compel him to enseal their demands . to that place , which now only is called the temple ( then the new-temple ) where the king lay in warlike order , they go to execute their designs ; he binding himself with an interlocutory sentence , and giving caution of future satisfaction , takes day until easter following ; but all was no less delusory , than dilatory : nor any thing done with a face of composition , until the appointed meeting of the king and barons ( whose part hourly encreased ) in renimed , alias runingmede near stanes in middlesex ; whereof in the marriage of tame and isis , thus sings no small favourite of the muses ; subluit hic ( i. thames ) pratum quod dixit renimed anglus , quo sedere duces armis annisque verendi : regis joannis cuperent invertere sceptrum , edwardi sancti dum leges juraque vellent , principe contempto , tenebroso è carcere duci . where an instrument of publick liberties , through mediation of what is above all law , necessity , was , as you shall hear it speak , sealed and delivered to the baronage . johannes dei gratiâ angliae , &c. sciatis nos intuitu dei , & pro salute animae nostrae , & antecessorum omnium , & haeredum meorum , & ad honorem dei , & exaltationem s. e. & emendationem regni nostri , per consilium venerabilium patrum nostrorum stephani cant. archiep. totius angliae primatis , & s. r. e. cardinalis , henrici dublingensis archiep. will. londoniens . episc. petri wintoniensis , jocelini bathoniens . & glascon . hugonis lincoln . walteri wigorniens . will. coventrensis , benedicti roffensis episcoporum , & m. pandulphi d. p. subdiaconi , & familiaris fratris m. militiae templi in angliâ , & nobilium virorum will. marescalli com. penbriae , will. com. sarisburiensis , will. com. warrenae , will. com. arundel , alani de leweia constabularii scotiae , warini f. genoldi , petri f. herberti , & huberti de burgo senescalli pictatiae , hugonis de nevilla , matthaei f. herberti , thomae basset , alani basset , philippi de albeni , robert de ropesle , joannis marescalli & johannis f. hugonis , & aliorum fidelium nostrorum . viii . inprimis concessisse deo , & hâc praesenti chartâ nostrâ confirmasse , pro nobis & haeredibus nostris in perpetuum , quod anglicana ecclesia libera sit , & habeat jura sua integra , & libertates suas illaesas , & ità volumus observari , quod apparet ex eo quod libertatem electionum , quae maxima & magis necessaria reputatur ecclesiae anglicanae , merâ & spontaneâ voluntate ante discordiam inter nos & barones nostros manifestè motam , concessimus & chartâ nostrâ confirmavimus , à d. pp . innocentio tertio confirmari , quam & nos observabimus , & ab haeredibus nostris in perpetuum bonâ fide volumus observari . ix . concessimus etiam , & omnibus liberis hominibus nostris regni angliae , pro nobis & haeredibus nostris in perpetuum , omnes libertates subscriptas , habendas & tenendas eis & haeredibus suis , de nobis & haeredibus nostris . these premisses are in the grand charter of henry the iii. commonly published in our printed statutes , nor in any word of moment is there a difference found 'twixt this of john and that of henry , until the prohibition of disparagement in marriage of young wards ; which thus commandeth , haeredes maritentur absque disparagatione : to this is added in a continued sentence ; ità tamen , quod antequàm contrahatur matrimonium , ostendatur propinquis de consanguinitate ipsius haeredis . the vii . and viii . chapters of widows and their quarentines , with that of the king's debtors , are also in like words following : but this of john hath this further additament . x. si quis mutuo acceperit aliquid à judaeis , plùs vel minùs , & moriatur antequàm debitum illud persolverit , debitum illud non usuret quamdiù haeres est infra aetatem , de quocunque tenet ; & si debitum istud incidat in manus nostras , nos non capiemus nisi catallum contentum in chartâ : who elsewhere seeks the true understanding of the statute of merton under title of usury , must still remain in an extravagant search , until he return to that exposition which lies here open . xi . si quis moriatur , & debitum debeat judaeis , uxor ejus habeat dotem suam , & nil reddat de debito illo ; et si liberi ipsius defuncti , qui fuerunt infrà aetatem , remanserint , provideantur eis necessaria , secundùm tenementum quod fuerit defuncti : & de residuo solvatur debitum , salvo tamen servitio dominorum : simili modo fiat de debitis quae debentur aliis quàm judaeis . xii . nullum scutagium vel auxilium ponam in regno nostro , nisi per commune consilium regni nostri ( according is a grant of e. . in thomas of walsingham 's history ) nisi ad corpus redimendum ( in the norman customary it is aide de rancon , which in an ancient manuscript of xxi ed. . in the case of robert of wentham , i have seen released between common persons ) and ad primogenitum filium nostrum militem faciendum , & ad primogenitam filiam nostram semel maritandam ; et ad hoc non fiet nisi rationabile auxilium : simili modo fiat de auxiliis de civitate londoniense . here is adjoyned the general franchises of london , other cities , boroughs , towns and ports verbatim as in the ix . chapter , which concluded ensues . xiii . ad habendum commune consilium regni de auxiliis assidendis aliter quam in tribus casibus praedictis , & de scutagiis assidendis , submoneri faciemus archiepiscopos , episcopos , abbates , comites & majores barones regni , singillatim per literas nostras ; et praetereà faciemus submoneri in generali per vicecomites & ballivos nostros , omnes alios qui in capite tenent de nobis , ad certum diem , scilicet ad terminum . dierum ad minus , & ad certum locum ; & in omnibus literis submonitionis illius causam exponemus , & factâ submonitione , negotium procedat ad diem assignatum , secundum consilium eorum qui praesentes fuerint , quamvis non omnes summoniti venerint . xiv . nos non concaedimus de caetero alicui , quod capiat auxilium de liberis hominibus suis , nisi ad corpus suum redimendum , & ad faciendum primogenitum filium suum militem , & ad primogenitam filiam suam semel maritandam ; & ad hoc non fiat nisi rationabile auxilium : unto the xviii . chapter inclusively of henries charter from hence , are in both almost the same syllables ; but whereas the printed close of the same chapter , is , salvis uxori ejus ( i. e. of one that is dead ) & pueris suis rationabilibus partibus suis , here is further : xv. si quis liber homo intestatus decesserit , catalla sua per manus propinquorum parentum & amicorum , per visum ecclesiae distribuantur ( see art. ix . in hen. . ) salvis unicuique debitis , quae defunctus ei debebat ; and in divers old written copies of the common and usual magna charta 's , the self same words continue that chapter ; all is in both alike unto the end of the provision for safe conduct of merchants ; but thereto in this historical report succeeds , xvi . liceat unicuique de caetero exire de regno nostro , & redire salvò & securè per terram & per aquam , salvâ fide nostrâ , nisi in tempore guerrae per aliquod breve tempus propter communem utilitatem regni , exceptis imprisonatis & utlagatis , secundùm legem regni , & gente contra nos guerrinâ , & mercatoribus , de quibus fiat sicut supradictum est . what follows in either is the same as well in words as sence . and as we have now in every man's hands a charter of the forest also distinct from the other , so had the barons then to them granted ; and very small or no difference is found between theirs and that , whose fore-front is since signed with king henry 's name . i suppose it fit place and time here to give remembrance of an escaped , and in every impression that i have seen allowed , fault , in the vii . article of the forest charter , which by little alteration , and thus pointing , is corrected ; nullus forestarius vel alius balivus de caetero faciat scottallum , vel colligat herbas , ( you may read garbas ) vel avenam , vel bladum aliud , vel agnos , vel porcellos , nec aliquam collectam faciat ( nisi , so is the print but in king john 's copy , and in divers manuscripts of our statutes , one having the subscribed authority of exam. per rot. i have warrant to read , and distinguish with a full period at faciat , and turning nisi into & go thus forward ) & per visum & sacramentum xii . regardatorum , quando faciunt reguardum ( taking away the point there ) tot forestarii ponantur ad forestas custodiendas , quot ad illas custodiendas rationabilitèr viderint sufficere ; how much the sence differs , small observation soon discovers . the concluding date of these granted franchises , and restored laws , john stow saith was , given by our hand in runingmede , betwixt stanes and windsor , the xvi . of june , the xvii . of our reign : unto which all the whole realm was sworn . but the fluxile nature of this deceitful prince , aided by pope innocent iii. and his nuntio pandulph , soon loosed that kind of royal faith and promise ; as quick were the barons ( they by oath had bound themselves to constrain him by arms , if their expectations in his future carriage were frustrate ) and ready to , and did , revolt . death of the king prevented their projects , which for this purpose in the ix . year of the succeeding henry fitz john ( as the first page of our printed volumes of old acts of parliament give to every reader testimony ) were with some ease attained , and by his posterity , as the main freedom of the english common-wealth , hath been since more than thirty times , by the true authority of the state , in their high-court , confirmed . soli deo gloria . chronologia huic nostrae inserviens epinomidi . ante christvm . m.c.viii . brutus ille , quem trojanâ aiunt , sed potissimum bardi , stirpe oriundum , à quo post samotheos ( magis semnotheos ) sumus auspicati , sed aliena nempe & dubia fide fertur adpulisse . ccccxii . dunvallo molmutius . ccclvi. martia r. guinthilin vxor. lv. julius caesar , is primum romanis ostendit britanniam , & territa britannis terga . ab incarnato deo. lii . claudio caesare deducta camalodunum colonia insulaeque pars in praesidialem redacta provinciam . clxxx . commodo imp. obsignatam recepit palingenesiam lucius rex ab elutherio pp . ab incarnato deo cdxlix . britanniam anglo-saxones advehuntur , theodosio jun. rom. imp. nec multis inde curriculis annorum interceptis heptarchas inter quae jam anglia dispertita . sed camdeno è fastis consularibus beda & ninnio rationibus subductis cdxxviii . floruere dlxi . aethelbertus rex cantii , primus anglo-saxonum ( foelicissimo ducta sibi in uxorem auspicio bertha francorum regis filia ) princeps christianus . dccclxxii . alfredus seu aluredus rex . dcccclix . edgarus rex . mlxvi . willielmus normanniae dux haroldum conserta in planitie juxta hastings in agro suthsexiensi manu , atque anglorum copias devicit . ii. nempe id. octobr. & regio se insignivit hic titulo . m.lxxxviii . willielmus rufus primi filius . m.c. henricus primus rufi frater . m.cxxxv . stephanus blesensis . ab incarnato christo m.c.liii . henricus filius matildis imp. & galfridi com. andegavensis . m.c.lxxxix . richardus primus henr. fil. m. c.lxxxxix . joannes r. richardi frater . finis . two treatises written by john selden of the inner-temple , esquire . the first , of the original of ecclesiastical jurisdiction of testaments : the second , of the disposition or administration of intestates goods . london , printed for thomas basset at the george in fleet-street , and richard chiswell at the rose and crown in s. paul's church-yard . mdclxxxiii . the contents . part i. of the original of ecclesiastical jurisdiction of testaments . chap. . the intrinsecal jurisdiction not given to the church by the civil law , page chap. ii. nor by the canon law. p. chap. iii. the extrinsecal jurisdiction by the civil law , in whom , ibid. chap. iv. in whom by the canon law , p. chap. v. of the intrinsecal jurisdiction in the saxons time , p. chap. vi. whence linwood thinks the jurisdiction intrinsecal came to the church , p. chap. vii . testimonies of king john and henry the third's time , that may serve to prove the extrinsecal jurisdiction then in the temporal courts , p. chap. viii . suits of legacies personal in the spiritual court from the beginning of henry the third , of the beginning of that course , p. part ii. of the disposition or administration of intestates goods . chap. i. in whom it was in the time of the saxons , p. chap. ii. in whom after the normans until king john's time , p. chap. iii. in whom after the time of king john , p. chap. iv. how that so granted by king john's charter in parliament hath continued in practice , p. chap. v. of that of bona intestatorum in manus domini regis capi solebant , p. part i. of the original of ecclesiastical jurisdiction of testaments . chap. i. the intrinsecal jurisdiction not given to the church by the civil law. the jurisdiction of testaments being either intrinsecal or extrinsecal , ( that is ) either touching probate , or recoveries of legacies : first for the intrinsecal , it is clear that it came not to the bishop by imitation ; or otherwise , from the imperial civil law : for by the elder part of that law , regularly the probate or aperture of wills was before the (a) praetor . and afterward the obsignation , insinuation and probate of them in rome , was before the magister census , or (b) apud officium censuale , as it were before the barons of our exchequer ; and that continued into later time . and the same officer by the name of (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or generalis in constantinople , had the same authority : but also afterwards as well the questor's seal , as that of the generalis became to be used at the obsignation , and his authority also in the probate or aperture . and the emperour leo (d) about the year . transferred all that herein belonged to the generalis into the questor's place ; yet so , that some other civil magistrates had the like authority : and what was done before these in rome and constantinople , was in other cities before their chief governours , as defensores or praefides : neither was the church permitted to have to do with the insinuation of testaments , but expresly forbidden by a rescript (e) of the emperour justin : nor is any thing that gives it either among the novells of the greek empire , or in the lombarda , or capitulares , which have (f) been reputed as parts also of the imperial law. chap. ii. nor by the canon law. neither in any general council , or other part of the received canon law , doth any testimony occurr , that gives the church this intrinsecal jurisdiction . but in the fourth council of (a) carthage holden in the year . it was ordained , vt episcopus tuitionem testamentorum non suscipiat . and this being then established by two hundred and fourteen bishops , was afterwards made a part of (b) the decrees , or canon law , collected by gratian , and published and authorized by pope eugenius the third about . and the gloss upon that canon interprets tuitio for aperture or probate . so also pope (c) innocent the fourth understands it : publicatio ( saith he ) fieri non debet apud episcopum ; and he vouches that law , (d) consulta ducalia tit . de testament . to prove it . speculator , hostiensis and others of the same time , and generally the rest that follow them , make the civil law only the square of the jurisdiction of the probates ; and so it is truly affirmed in our books , that the probate belongs not to the church (e) by the spiritual law ; neither is any such thing given by any later (f) bull , or decretal from the bishop of rome . chap. iii. the extrinsecal jurisdiction by the civil law , in whom . for the extrinsecal jurisdiction that gave recoveries of legacies , by the imperial civil law , where the legacies were in pios usus , the (a) bishop of the diocess sometimes by himself , sometimes with the civil magistrate , provided for the execution of the testators meaning : otherwise the jurisdiction of legacies , and what else falls under testamentary disposition , was and (b) is the magistrates only . chap. iv. in whom by the canon law. but by the canon law , the general care of execution of testaments is committed to the bishop : yet i find not any canon to that purpose received into the body of that law , now in authority , before the time of the decretals ; which have out of some council of mentz these words , viz. (a) si haeredes jussa testatoris non impleverint , ab episcopo loci illius omnis res quae eis relicta est canonice interdicatur , cum fructibus & caeteris emolumentis , ut vota defuncti impleantur . out of what council of mentz this is taken , i have not yet learned ; (b) but in the same syllables it occurrs in burchard , that lived about six hundred years since , with the marginal note of ex concilio moguntino . what other texts are , touching the power of the canons over performance of testaments , have reference to that course ordained by the civil law , where any thing was given in pios usus , not to a general jurisdiction ; for so is the canon nos quidem extr . tit . de testam . neither is that canon vltima voluntas in c. . q. . taken out of s. gregory , otherwise to be understood , if you interpret it as you ought by those (c) places of gregory whence it is taken : but the canonists generally upon that canon si haeredes , take it , that executio testamentorum ad episcopos spectat . and so those old ones pope innocent the fourth , bernard , and others of the rest deliver ; and the (d) latter follow them , yet they commonly restrain it ( and that in practice in other states ) to legacies given in pios usus . and in the council of trent , where twice the bishops power over testaments is provided for , (e) nothing is spoken of but commutations of legacies , and of such as are given in pios usus : yet from ancient time both the intrinsecal and extrinsecal jurisdiction of testaments made of personal chattels in england , hath been and is in the church , except in places where special custom excludes it : the original whereof being not sufficiently found in either of these laws ( the civil and canon ) divers parts of which according to the various admission of several estates have been much dispersed through christendome , and some remain now exercised by imitation among us ; it rests , that disquisition be made for it in the monuments of the kingdom , that according as they together with the canons afford light , some conjecture may be had touching the antiquity and ground of it . chap. v. of the intrinsecal jurisdiction in the saxons time . the eldest testament that i have seen made in england , is that of king edgar's time , made by (a) one birthric a gentleman or thane ( it seems ) of great worth , and his wife elswith ; wherein they devise both lands and goods ; and in the end of the will sayes her husband . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and i pray for gods love my leefe lord , that he doe not suffer that any man our testament do break . it may perhaps thence be collected , that the protection or execution of this testament was within the jurisdiction of the lords court , as also the probate ; and that especially , because divers lords (b) of mannors have to this day the probate of testaments by custom continued , against that which is otherwise regularly setled in the church . but the same testament being for lands as well as for goods , it may be that this clause had reference to the lord in regard of the land only , ( to the alienation of which , his assent might be requisite ) or to denote him for the testators best friend , as one chosen overseer of his will ; and indeed he desires all other good people to see his will be not broken ; which makes me only offer it , as what another mans fancy may work on : but i conceive not out of it enough to prove either way any thing touching the jurisdiction of testaments . nor in the saxon times appears any thing that can sufficiently direct us to know , how it was exercised here , unless out of that example of siwerth of durham's testament , in the (c) book of ely , you may collect , that the probate was supply'd in the life-time of the testator by inrolment , or leaving an indented copy of it with the alderman or sheriff of the county , in whose county-court the most of proceedings of temporal justice , and of the spiritual also ( for the bishop sate with him , as in his consistory ) were in the saxon times : for so much perhaps may be conjectured out of it , as we faithfully here relate it . siwerth in king edgar's time , lying sick at lindane in the isle of elie , makes his testament , and sends for brithnorth abbot of elie , and divers of the monks , and others of the gentry ; and the abbot writes the testament in tribus chirographis , coram ( so are the words of the book ) cunctis fecit recitari , lectumque fecit incidi , unamque partem chirographi retinuit siferthus , alteram autem dedit abbati , tertiam vero misit statim per praefatum brithelmum ( that was one of the gentlemen of the countrey then present ) ailwino aldermano , qui tunc temporis degebat in elie , & petiit ab illo ut suum testamentum stare concederet , quomodo abbas illud scripserat , & ordinaverat apud lindane coram praedictorum testimonio virorum . cum itaque ailwinus alderman hoc audisset , & chirographum vidisset , remisit illico ad eum wlnothum de stowe cum brithelmo , sciscitatusque est ab eo quid aut quomodo vellet de testamento suo : qui mox per eosd●m renuntiavit ei , sic suum testamentum absque omni contradictione vel mutatione se velle stare , sicut praefatus abbas illud in chirographo posuerat , quod ut ailwinus alderman audivit , totum concessit , ut staret sicut ipse siverthus testatus erat . but in deed , in it lands lying in durham were devised to the abbey ; and so , it was not only of personal chattels . the saxon laws are very silent of any thing touching testaments ; and we must remember , while we think of that example of siwerth of durham , that the ecclesiastical and temporal courts of common justice , held as one by the sheriff and bishop , were not severed as now , into the consistory , and county court , until the conqueror did it by a law yet remaining and elsewhere published (d) in what intercedes from this time , until about h. . i find not any testimony that gives light to this purpose ; as the saxon laws , so those of the conquerour , and of h. . and h. . mention nothing that tasts of either kind of jurisdiction of testaments ; only of a charter of h. . extant in matth. paris , and in the red book of the exchequer this occurrs , si quis baronum vel hominum meorum infirmabitur , sicut ipse dabit vel dare jusserit pecuniam suam , ita datam esse concedo . this may perhaps seem to denote , that the kings court determined of legacies , especially of the kings tenants . but indeed it proves not so much . but the eldest passage that proves clear enough here , is that which makes the intrinsecal jurisdiction to have been in the church , and the extrinsecal in the kings court ; i mean that which is found in the treatise attributed to randall of (e) glanvill chief justice under h. . where he sayes , that if a legacy be detained , the executors or other friends of the testator , were to get the kings writ to the sheriff , commanding quod justè & sine dilatione facias stare rationabilem divisum , ( that is , the bequest or legacy ) . n. sicut rationabiliter monstrari poterit quod eam ●ecerit , & quod ipsam stare dibeat , &c. and it is plain by the words there preceding and subsequent , that it hath reference to moveable or personal possessions , not to lands , &c. so that it seems clear by that in h. . his time , the jurisdiction of personal legacies was in secular courts . but if the issue in secular courts upon that writ came to be , whether the testament were true or no , or well made , or whether the thing demanded were in facto bequeathed , tum ( sayes he ) placitum illud in curta christianitatis audiri debet , & terminari , quià placitum de testamentis coram judice ecclesiastico fieri debet , & per illorum qui testamento interfuerint testimonia secundum juris ordinem terminari : that is , as it must be understood , that upon issue of bequeathed or not bequeathed , of testament made , or no testament , the tryal must have been otherwise than by the practice of the latter (f) law , wherein the testament is traversable , and the traverse tryable in the kings court by certificate to the temporal court from the ecclesiastical , as at this day , of institution , bastardy , and profession in religion , and the like : and thence may it be well concluded , that at this time by the practised law , the probate or the intrinsecal jurisdiction was in the church ; for as the institution , bastardy and profession are to be certified , because within the bishops juris●iction . some recorded testimonies remain of the first and third , and the nature of the marriage or cohabitation ( that directs in the second ) is to be judged of only in the spiritual courts ; so the validity of the testament , or the truth of this or that particular legacy was to be certified from the spiritual court , because the probate had there proceeded , and the copy there remaining was most authentick ; otherwise to what purpose should they have sent to the spiritual court in such a case ? but on the other side , as in the case of institution , profession and bastardy , the consequence of them , which are objects of their extrinsecal jurisdiction , as descent , exclusion from inheritance , gaining it by a descent cast , or legal making a church full , or the like are determinable only at the common law ; so the consequence of a testament , that is , the recoveries of legacies , and such like , as it seems by that writ , were in the temporal , not in the spiritual court. i know the authority of that treatise is suspected , and some of the best and ancientest copies having the name of e. de n. which i have heard from diligent searchers in this kind of learning , affirmed to have been sometimes e. de narborough , and not r. de glanvilla , it hath been thought to be anothers work , and also of later time . but , as on the one side , i dare not be confident , that it is glanvills , so i make little question , that it is as ancient as his time , if not his work. the tests of the precedents of writs under his name , the language , especially the name of justitia alwayes for that which we now from ancient time call justitiarius ; and justitia was so used in (g) writers under h. . and the law delivered in it tasteth not of any later age. and howsoever it comes to pass , the regiam majestatem of scotland published by command of david the first under the time of our hen. . hath for the most part the same syllables with this supposed glanvill , and expresly (h) the very passages and the writ that we have now here noted for testaments . that extrinsecal jurisdiction of those times in the secular courts , was perhaps denoted by those words in the testament of theobald arch-bishop of canterbury under king stephen , (i) supremis ( saith he ) deficientium voluntatibus suum accommodant jura favorem , where he devises only personal things and uses . i think , jura is rather to be taken for the common law , than the spiritual ; which is , in the most usual phrase of that time , designed by canones . in this time of hen. . divers fierce controversies fell between the law and spiritual jurisdiction , and the particulars of them are largely related at the end of quadrilogus , in gervase of dover , in roger of wendover , in john of salisbury , and matthew paris , but in him most abruptly ; yet not the least mention is in them touching any matter of this jurisdiction ; and in the main cases of our spiritual courts depending under h. . and sent by appeal to rome , which yet remain in the epistles of john of salisbury , there is not one that touches upon either of these jurisdictions of testaments in the church ; but indeed there is one that may seem somewhat to prove for that which we note out of glanvill , concerning the intrinsecal jurisdiction at that time in the temporal court : for in an appeal sent to pope alexander the third , the case , as john (k) of salisbury relates it , was , that one richard de anestia in foro secularium judicum petitionem haereditatis ad bona avunculi obtinenda instituit , against mabile de franckvilla , being daughter to william of sackvill , to whom the plaintiff was nephew by his sister : and the point of the issue between the daughter here and the nephew , being upon the bastardy of the daughter , the spiritual court had the tryal of it . if ( bona ) here be understood for chattells , as in our law it is , and so restrained , then was this petitio haereditatis , as a suit for sackvill's goods , grounded also , as it seems , upon a testament of his : for in the relation of the case also , richardus insistebat , sayes the author , institutioni avunculi , petitionem haereditatis instituens ; and on the other side , mabile maxime patris novissimae voluntati innitebatur : which shews , that here was a testament in the case , and a suit for what was challenged by it in the temporal court : but haereditas and bona , it is likely , included here ( as by the civil law ) all possessions of the ancestor , both real of inheritance , and personal , that is , the universum jus defuncti , and not only our inheritance ; although it doth also amongst some (l) civilians denote no more , if at least they understand aright what they say , while they write , that consuetudo est in anglia quâ primogenitus succedit in omnibus bonis : and in this case , if the issue had been upon the truth of the testament , as it was upon the bastardy , it had been referred also to the spiritual judges . chap. vi. whence linwood thinks the jurisdiction intrinsecal came to the church . by what is before delivered , it appears , that the intrinsecal jurisdiction or probate was in the church ; and that by express testimony , as anciently as the time of h. . and by all probability it was in setled use before that time , being spoken of in that treatise called glanvill's , as a known course of proceeding : although indeed yet i could never see an express probate in any particular case , elder than about h. . but the beginning or course of this intrinsecal jurisdiction in the church , is not for ought i have yet learned , extant : however fairefaxe tells us , that it was by an act of parliament , which perhaps he took from that of linwood ; haec libertas ( ecclesiae ) quoad approbationem hujusmodi ( saith linwood ) fundatur super consensu regio , & suorum procerum ( in talibus ) ab antiquo , concesso . where he means by in talibus , their power of committing of administration of intestates goods , as it is plain by his quotation of that constitution of arch-bishop stafford tit . de immunitate eccles. accidit . novitate perversas quidam etiam : that power was given , as i guess , by parliament in king john's time : but thereof more in due place . and linwood addeth , item fundatur super consuetudine in ea parte de scientia regum angliae , diutius conservata : which is indeed , that it is founded upon the common law or customary law of the kingdom ; or that it hath like antiquity or original as other parts of the common law , that is , immemorial custom . for though it be exercised according to the civil and canon law in the spiritual courts , with some reference had to the customs of england ; yet it is clear , that the power which the spiritual courts have to exercise it , is meerly by the common law ; although we find not when it came first to them , no more than we find divers of our setled courses and maxims in the common law ; touching which yet we can without much difficulty prove , that at such or such times they were not in practice ; as perhaps in the more ancient ages , this was not in these courts . but that it was originally belonging to the crown , that is , to the temporal courts , which are all , and ever were derived from the dignity royal , is affirmed also , as in that cited in hensloe's case , out of jocelin's history of the arch-bishop of canterbury , in a writ (a) h. . that prohibiteth the arch-bishop of york to call the executors of the tenants of s. leonard's hospital to prove their wills before him ; because as the words are , placita de cognitionibus scriptorum in regno nostro angl. ad nos , co●onam & dignitatem nostram specialiter pertinent : and also they had time out of mind used to prove them before the masters and brothers of the hospital . here we see the testaments reckoned as other evidences , the tryal and conusance whereof belongs only to the temporal courts : and at this day by special custom many lords of mannors have like probate in their courts baron . by the way , for that which fairefaxe , and others following him , tells us , that in all other countries the probate belongs to lay-judges , he is deceived , and deceives his readers . indeed , in the most places of other states it belongs to the lay-judges : but in france (c) generally the spiritual judges , both before fairefaxe his time and since , had this jurisdiction of probate , and so have had without controversie ever since the disputations about it and other parts of jurisdiction had with some clergy-men , by coniers attorney general to philip valois , and peter dreux in behalf of the duke of britain , at such time as the clergy had there so extended their jurisdiction , que les fauxbourgs estoint trois fois plus grands que la uille , as pasquire speaks of them . chap. vii . testimonies of king john and henry the third's time , that may serve to prove the extrinsecal jurisdiction then in the temporal courts . for the extrinsecal jurisdiction , as it seems by glanvill and other testimonies , that it was in the kings courts under h. . and so by all probability before : so out of other records of following time , somewhat may perhaps be collected to prove , that it continued long in them , as out of the patent of king john for oliver of rochford's testament , sciatis ( sayes (a) the king ) nos concessisse testamentum oliveri de rupe forti sicut rationabiliter conditum est , & apud s. florentiam veterem & rupem fortem scriptum & ordinatum . quare volumus & firmiter praecipimus quod nullus executorum testamenti ipsius impediat quin illud sicut rationabiliter conditum est faciant . then out of that of peter de roches bishop of winchester , and chief justice of england , touching the will of adam of gurdun , rex (b) dom. p. winton . episc. justic. angl. &c. mandamus vobis quod teneri facias testamentum adae de gurdun quod fecit de rebus suis mobilibus & omnibus aliis in angl. secundum dispositionem testamenti excepta terra quam de domino nostro habuit septimo augusti . teste meipso : this expresly gives some legal execution of a testament made of personal things unto the chief justice of england . and in (c) h. . robert of lexinton having the possession of all the goods of philip de vletott the testator , a writ goes out to him to pay william earl of salisbury a debt of ninety marks out of them , and that the rest should be delivered to the executors ad faciendum testamentum ; and another writ was sent , that he should per visum & testimonium execut. sell all vletott's goods , & denarios quos inde fieri feceritis , salvo faciatis reponi sub sigillo vestro & sigillo executor . praedict . donec aliud mandatum nostrum inde habueritis . and in hen. . a writ is directed to the sheriff of lincoln , (d) reciting , that whereas it appeared , that richard fitz-dune dyed not intestate , ideo tibi praecipimus quod omnia catalla ipsius richardi in manum nostram capta in balliva tua sine dilatione habere facias priori de noketon , and other executors of his testament ad faciendum inde rationabile testamentum : and other like writs occurr in the rolls of king john and h. . chap. viii . suits of legacies personal in the spiritual court from the beginning of henry the third , of the beginning of that course . but however it may seem by those testimonies , that the temporal courts had some extrinsecal jurisdiction of testaments in the time of king john and hen. . it is clear , that in the beginning of h. . suits for legacies personal were in the spiritual courts , and that it seems from custome setled in practice of the former times that were then newly past . and perhaps it might be in the more ancient times fori mixti , and as well exercised in the one , as in the other court ; as we have elsewhere shewed of the more ancient jurisdiction of tithes ; or it may be , that those writs in the former chapter , and the like , were but in case of tenants being testators , upon whose deaths all their goods were to be seised by the sheriff , or other such officer , and the debt ( if any were ) paid to the king , et residuum relinquebatur executoribus testamenti defuncti , as the words are , both of the charters of king john and h. . (a) and perhaps by that chapter of the charter those writs may be interpreted , and faciatis teneri testamentum may be but only an amoving of the kings hands from the goods , that so the executor might perform the testament ; for that the spiritual court did from the beginning of h. . exercise a jurisdiction for recovery of legacies , is infallibly proved by (b) cases of , , , & hen. . and the attachments upon prohibitions extant in records of that time , are , quare secutus est placitum in curia (c) christianitatis de catallis quae non sunt de testamento vel matrimonio : and many such more are both in the rolls and in matth. paris . it appears also in h. . in the case of symon fitz-simon , that even that suit for deviseable land being devised , was thought to be good in the spiritual court ex causa testamentaria , as if laicum feodum versum esset in catallum , until the devisee had recovered it : and after the recovery , iterum incipiebat esse laicum feodum — as (d) bracton sayes , where his printed copy is exceedingly corrupted . but it was clear law in the time of this bracton , who was a judge in the common pleas in the latter part of h. . that locum (e) non habet probatio in causa testamentaria si catalla legentur & inde agatur in foro ecclesiastico : and he reckons that of testaments inter spiritualia , & spiritualibus annexa , which agrees exactly in the known and practised consultations in the (f) register , placita de catallis & debitis , quae sunt de testamento & matrimonio , ad forum ecclesiae specialiter dignoscimus pertinere , &c. and although in case of legacy , as in case of tithes , the jurisdiction that gave the recovery of them , was sometimes in the one , sometimes in the other court , before it was restrained to the spiritual only , yet it seems by those cases of henry the third's time , which are testimonies beyond exceptions , that the spiritual jurisdiction over legacies , was long before in practice ; otherwise i guess that exception de testamento , & de matrimonio , had not been so familiar in the prohibitions of that age. and notwithstanding those cases out of the records of king john's and henry the third his time , the temporal court not only prohibited not the spiritual court , espec●ally in h●nry the third's time , but also had not any conusance of suits for personal legacies ; for neither have i ever met with any suit in that kind in the plea rolls of h. . or king john , or richard . ( but very few are extant of the time of the two last ) neither doth bracton admit any such thing . and the author of fleta in the time of e. . tells us expresly , (g) de causa testamentaria sicut nec de causa matrimoniali curia regis se non intromittet . but the beginning of that practice of the extrinsecal jurisdiction in the spiritual court , is even as difficult to find , as that other of probates . linwood tells us , that (h) libertas quoad secundum scilicet , puniendum impedientes quo minus testamenta & ultimae voluntates defunctorum procedant , ortum habet à privilegiis etiam in ea parte concessis , & à consuetudine similiter de scientia regum angl. diutius observata : and further , potuit ( saith he ) habere ortum out of those (i) laws in the code that made the bishop a protector of legacies in pios usus . it might be also in regard of the purpose of those laws in themselves ; and it were no great wonder , that the ecclesiastical court might have gained jurisdiction over all personal legacies under colour of such as were given in pios usus : but perhaps it will not be admitted for probability enough , that any part of the code being of the imperial or civil law , was ever so received here in england , as that it could induce any alteration touching the jurisdiction of the crown , that is , touching this extrinsecal jurisdiction which ( as is shewed ) did belong to the temporal courts : but whosoever will not admit of any such conjecture , must yet remember , that presently from king stephen's time , when the civil law was new born into the light , it having lain forgotten by the space of six hundred years before in the western empire , the code and other parts of that law were familiarly read by our english lawyers ; and i think as well by our common as canon lawyers : to omit that case of mabile of franchiville , wherein , it seems , a special regard was had to the civil (k) law , that permits not a meer bastard and succession ex testamento against a lawful heir of blood ; for otherwise how could richard the uncle's institution , as it seems by a former will have made colour of right for him , against the latter will which mabile pretended , unless he relyed upon her being a bastard . but i should think it probable enough , that the original of this jurisdiction for legacies , was out of the canon law. and that especially from that canon si haeredes , &c. before cited ; for although the decretals , wherein it stands now authorized for a general law , were first published but in h. . by gregory the ninth , and that we see by infallible testimony already brought , that legacies before that time , were recoverable in the spiritual court , yet by likelihood that very canon was inserted in all or some of those eight more ancient compilations of the canons authorized by some former popes ; ( which is the more probable , because we find it also in burchard ) and so it might be , long before sufficient ground of this extrinsecal jurisdiction in the ordinary ; but i sought here for authority more than i durst be bold in conjectures , which i leave to every mans judgement . part ii. of the disposition or administration of intestates goods . chap. i. in whom it was in the time of the saxons . in the saxons time it was in the lord of him that dyed ( understand the chief lord ) in case the intestate were a tenant , and dyed at home in peace : but in case he were no tenant , or dyed in his lords army , then it was ( it seems ) as other inheritance under the jurisdiction of that temporal court within whose territory the goods were : this may be proved out of the laws of that time , which ordain , that upon the death of an intestate , whom they call cwiale awe , the lord (a) is only to have the heriotts due to him , which are also appointed by (b) the laws of the same time , that by his ( the lords ) advice or judgement his ( the intestates ) goods be divided among his wife and children and the next of kin , according as to every one of them of right belongs , that is , according to the nearness of kindred , if no children or nephews from them be ; for it must , i suppose , be understood , that the succession was such , that the children excluded all their kindred , and of their kindred the next succeeded , according to that in tacitus (c) of his germans , whose customs were doubtless mixt with our english saxons , haeredes , sayes he , successoresque sint cuique liberi , & nullum testamentum . but it seems , christianity afterward brought in the free power of making testaments amongst them , si liberi non sunt , proximus gradus in possessione fratres , patrui , avunculi . but this is exprest only in case the tenant dyed at home and in peace ; for if he dyed in his (d) lords army , both the heriott was forgiven , and the inheritance both of goods and lands was to be divided as it ought , which was , it seems , by the jurisdiction of the temporal court within whose territory the death or goods were ; for in that case , it is not said , that the lords judgement was to be used , but that the heirs should divide all ; or , as the words in the confessor's law are , habeant (e) h●redes ejus pecuniam & terram ejus sine aliqua diminutione , & recte dividant interse ; where the right of the heir both to lands and goods is expresly designed , but the judge that should give it them , not mentioned . therefore it seems , it remained as other parts of the common law , under the temporal jurisdiction , as by the (f) civil law it is under the pretors . chap. ii. in whom after the normans until king john's time . until king john's time it seems the jurisdiction over intestates goods , was as of other inheritance also , in the temporal courts : yet no sufficient testimony is found to prove it expresly ; only when the common laws of those times speak of intestates , they determine the succession by like division as those of the saxon times . in laws attributed to william the first we read , a si home morust sans devise , si departent les infants l'erite inter sei per ovell . and afterwards in h. . (b) laws , si quis baronum vel hominum meorum praeventus vel armis vel infirmitate pecuniam suam nec dederit , nec dare disposuerit , uxor sua , sive liberi , aut parentes , & legitimi homines sui pro anima ejus eam dividant , sicut eis melius visum fuerit . here is the first mention , as i remember , of any thing occurring in our laws or histories , of the disposition of the intestates goods , pro anima ejus , which indeed might have been fitly subjected to the view at least of the church . but no mention as yet being of any ecclesiastical power that tends that way , i rather think that heretofore no use or practice was of administration committed , direction given , or medling with the goods by the ordinaries ; but all was by the friends or kindred juxta consilium discretorum virorum , as the words are in (c) the statutes made for such as should dye in the holy war with richard the first . neither doth that of glanvill , which was written under h. . tell us of any thing of the ordinaries power in this case , although it hath express mention of testaments , and the churches jurisdiction of them . indeed we there find , that if no executor be named , then (d) possunt propinqui & consanguinei testatoris , take upon them the executorship , and sue in the kings court against such as hinder the due payment of legacies ; which also agrees well enough with that before cited out of the laws of h. . neither is there in gualter mapes his apocalypsis ( being a bitter satyr against the abuses of the spiritual courts in henry the seconds time ) nor in john of salisbury's epistles , that have many particulars of the exercised jurisdiction of the church , any thing occurring , that touches upon any ecclesiastical powers of this nature . chap. iii. in whom after the time of king john. but in that charter of liberties both for the church and laity made to the baronage of england in the seventeenth of king john (a) in reningmead an express ordinance is , that if any free-man dyed intestate , his chattels were to be disposed of by the hands of his next of kin , by the view of the church , that is , direction and advice being thereto given by the ordinary , as i understand , saving to all creditors their debts : the words of it were , si aliquis liber homo intestatus decesserit , catalla sua per manus propinquorum , parentum , & amicorum suorum , per visum ecclesiae distribuantur ; salvis unicuique debitis , quae defunctùs eis debebat . that charter of king john is almost the same syllables with the common one that we now use by the name of the grand charter of h. . exemplified by the kings patent of e. . but this of intestates , and two or three other chapters for the subjects liberty , are more in that of king john's , than is found in the exemplification of e. . however matthew paris and roger of wendover when they speak of h. . granting it , so refer their readers to this of king john , that they tell us , that that of h. . was the self same in every particular ; and therefore omit the repetition of it . and indeed , although in the common printed magna charta of h. . and in the roll also of ed. . in the tower , where the exemplification is , this ordinance touching intestates be wanting , yet in very many of the ancientest manuscripts of the old statutes , that of h. . hath the same words as we have here transcribed it from king john's , and that in the same place of his charter as that in king john's ; that is , between the eighteenth chapter , si quis teneus , &c. and the nineteenth , nullus constabularius , &c. and it is to be understood , that the greatest prelates of the clergy of that time , as canterbury , london , winchester , pandulphus the popes nuncto , the master of the temple , and divers other bishops were on the kings part , when that of king john was granted . and it is probable enough , that when they saw that a charter of liberties must of necessity be granted to the baronage , they so wrought also , that they might insert this one for the advantage of their episcopal government . and they had good colour to think and perswade , that some such thing was fit for them , in regard it was now clearly taken , that some distribution was to be made pro anima intestati , the care of souls being the chiefest part of their common pretences for increase of their power and greatness . and hence i suppose , it soon came to pass , that the next of kin had the power of disposition committed by the ordinaries , and that in letters or otherwise by vertue of that per visum ecclesiae , which was , i think , the textual ground of right of committing of administration by the clergy : this of king john's being iterated in henry the thirds charter ( however omitted in the exemplification ) was it seems that provision spoken of in cardinal othobon's legatins , proinde super bonis ab intestato decedentium , (b) so are the words , provisionem quae olim à praelatis regni angliae cum approbatione regis & baronum dicitur emanasse , firmiter approbantes , districtius inhibemus ne prelati vel alii quicunque bona intestatorum quocunque modo recipiant , vel occupent contra provisionem praemissam . what provision is it more likely that this was , than that of the grand charter both of king john and h. . and the words à praelatis dicitur emanasse , justifies what we have conjectured of the purpose of the prelates , when they saw they could not but yield with the king , to an establishment of laws , by that charter , made indeed in a parliament of that age . the same i suppose that which is meant in the (c) constitution of arch-bishop stafford , where it is taken for granted , that the churches power of disposition of intestates goods pro salute animarum & in pios usus , was a thing consensu regio & magnatum regni angl. tanquam pro jure ecclesiasticáque libertate ab olim ordinatum , &c. where linwood modestly confesses , that he could not find in what kings time this ordinance was made . but johannes de athona , upon that of othobon , though he rightly call that provision , provisio parliamentalis : yet most ignorantly and ridiculously (d) tells us , that the provision there understood , is the statute of westminster , . cap. . cum post mortem , which he makes also to have i know not what reference to the statute of glocester . but this slipt from him either in a dream , or through the utmost neglect of those infallible characters of truth , that the denoting of times affords us , for that legatin of othobon was made in london in (e) h. . and at such time as that provision was yet extant in the magna charta , used by our lawyers . but the statutes of westminster the second , and of glocester were under e. . the one in the sixth , the other in the thirteenth of him ; how then could othobon think of it in his legatin , or could john de athona have thought so , if he had allowed the title of his gloss , which supposes in the point , that the constitutions of othobon were published in the year . which had it been in . had agreed with truth ; but doubtless the numeral letters of mcclxviii were transposed into mccxlviii . and thence only that error . chap. iv. how that so granted by king john's charter in parliament hath continued in practice . after that law of the seventeenth of k. john , it seems the next of kin disposed of intestates goods by the testimony and direction of the church ; for so per visum denotes , as we see in per visum proborum & legalium hominum in writs of summons and the like : but i have not seen any practice of it testified in king john's time . and under h. . however it were omitted in his charter at the exemplification , the same visus ecclesiae continued ; so sayes bracton that then lived , and was a judge of that time , si (a) liber homo intestatus & subito decesserit , dominus suus nil intromittat de bonis defuncti , nisi de hoc tantum , quod ad ipsum pertineret , ( sc. quod habeat suum heriott . ) sed ad ecclesiam & amicos pertinebit executio bonorum . yet it seems also , that notwithstanding the right of the church thus ordained , and the succession of next of kin so included in the ordinance , both the lords in some places , according to their former right , still usurp some power over the disposition of intestates goods , against the will of the ordinaries : and on the other side also , the ordinaries , instead of giving direction for a true disposition of such goods , get possession of them , and commit them often , or at , least too great a part of them , to the use either of themselves , or of the church , and so defrauded those to whom by the right of natural succession they pertained . for that of the lords , bracton his noting it as a thing denyed them , compared with what we find among articles granted in the synod of london held under boniface arch-bishop of canterbury in h. . proves it , idem quod mortuo ( so is the (b) article ) laico sine testamento non capiantur bona ipsius in manus dominorum . sed inde solvantur debita ipsius , & residua in usus filiorum suorum , & proximorum indigentium pro salute animae defuncti in pios usus per ordinarios committantur , nisi quatenus fuerit domino suo obligatus . here we see by the way plainly that the distribution in pios usus , was the devising them among the next of kin , according to their nearness and want ; not an imploying them to other uses , at the ordinaries arbitrary disposition . but also that the ordinary did in this age sometimes usurp the goods of intestates against the next of kin , is enough proved out of that legatine constitution of othobon , cum mortis incerta , &c. where it was ordained as you see before ; so in the words of it , that they should not dispose of them otherwise than according as that grant was in the grand charter ; that is , to the benefit of the next of blood : but the ordinaries had about this time , against the intent of that charter , so abused the right of succession , that it was related (c) for a constant truth , that the custome in britania was , that tertiae pars bonorum decedentium ab intestato in opus ecclesiae & pauperum dispensanda , &c. as innocent the fourth his words are , who lived and wrote in the time of h. . what other ground than the ordinaries ill dealing with the next of blood was for that tertia pars i conceive not ; unless the pope had some such other testimony touching it , as we find in an old manuscript volume titled (d) statuta synodorum written in an hand of near seven hundred years since , being a collection out of the fathers and old councils , made as it seems by some britain or irish-man , as we have elsewhere conjectured . in that statuta synodorum occurrs orig. in lib. de haeredibus : pater moriens det tertiam partem filiis , & tertiam caesari , & tertiam ecclesiae ; si non habuerit ecclesiam , det pauperibus , & si non habuerit caesarem nec ecclesiam , dividat inter filios & pauperes . but what author this is cited out of , i am equally ignorant , as i know not at all who was the author of the whole collection , or whence he had many other of his authorities . and other things that volume hath out of some old synod of ireland , which makes to our present purpose , if the canons of that synod had been at all binding in this state. and it was no such wonder , that some such practice might be under h. . for since also in the time of e. . the church so usurped in their jurisdiction of probates , that they made the executors wait on their officials at uncertain and remote places , and then also put them , at times , to the ransom of the fourth or fifth part of the testators goods , before they would give them probate ; which was complained (e) of in parliament amongst the grievances of the commons . chap. v. of that of bona intestatorum in manus domini regis capi solebant . for that of bona intestatorum in manus domini regis capi solebant , for which is cited (a) the close roll of h. . rot. . it is also most true , if rightly apprehended . all that appears in the record is , that the king wrote to the sheriff of lincoln , that constat nobis per inquisitionem nobis missam sub sigillo stephani de segrave , & aliorum proborum & legalium hominum , quod richardus filius dunae non obiit intestatus , and therefore he commands , that the sheriff should deliver all the goods of the said fitz-dune in manus nostras capta , to the prior of loketon , and others his executors , ad faciendum testamentum : neither are there any words that tell us of any capi solebant , or that these were taken in regard of dying intestate only . indeed it appears not sufficiently in the writ , why they were taken ; but it is most probable , that the seisure was for some debt due to the crown from the intestate , which afterward not appearing , or being satisfied , or it appearing that the executors by the taking upon them the execution of the testament , would subject themselves to the payment of it , it was fit enough to amove the kings hands , and deliver all over to the executors : he that well considers the statute of magna charta cap. . si quis tenens , and compares it with that of bracton , where he tells us , that the law was clear , that if any man dyed indebted to the king , the sheriff might (b) imbreviare , & attachiare cattalla defuncti , will soon see the probability of this , howsoever the words of the statute are only of the kings tenants : and it concludes also , as if it were only in case of the death of a testator in regard of relinquatur executoribus ad faciendum testamentum defuncti ; but plainly , that ad faciendum , &c. hath equal reference to the intestates as to testators : for no name of an administrator being then usually known , all were called executors that medled with the intestates goods ; and those executors were executores qui faciebant testamentum , that is , which instead of the intestate (c) did take such order after his death with his goods , as they thought he would have done if he had made a testament ; which may be conceived also out of the use remembred in that time , wherein sick men being unable , neither having time to express their meaning , chose out some friends that might be super (d) hoc expressores & executores ; which friends appointing of legacies ( as if the intestate had given them ) and making disposition of intestates goods , were as testaments of those intestates ; and they did truly as executors facere testamentum defuncti , in which sense it might be spoken of any executors or administrators that intermedled in those times . and many writs occurr in the close roll of king john and h. . that have expresly in them the amoving of the kings hands from the goods of the dead , when the seisure had been only for the debts to the crown , according to the statute of magna charta ( which in substance is the law at this day ) and bracton , by reason whereof , i see not cause enough , why we should understand that of h. . to prove any such thing , as a custom of the kings disposing or seising of the intestates goods , especially in regard that in the passages of the law , lawyers and records of that time , no mention is of any thing that affirms it to be a custom , or touches it as a common use . but admit that in fitz-dunes case it had been so , that the taking of the goods into the kings hand , had been because of his dying intestate only . it may therefore be accounted rather as a particular of the irregular practice of that time , than any example to prove a custom ; and whosoever is but acquainted with the course of the records of king john and henry the third his time , must soon see writs enough that agree not so much as with any setled course of law , but taste rather of some sudden or arbitrary course of granting them . indeed some two years before that of fitz-dune , there is an example in bedfordshire , that might seem more fully to prove what is collected out of the other : the writ is thus , rex (e) vicecom . bedford salutem . praecipimus tibi quod blada & catalla quae fuerunt roberti de insula & rossiae uxoris ejus defunct . in wahall & brokeberge arestari facias & salvo custodiri , donec discussum fuerit in curia nostra ad quem catalla illa pertinent , & aliud inde praecipimus ; but this is often enough seconded with other examples that have for the most part a mention of the defuncts debts to the crown , that it cannot otherwise be understood , but either as founded upon that law of seising upon the goods for debt to the crown by prerogative , or as an example ( amongst many of other kinds ) that discovers a more arbitrary course sometimes in proceeding , than later time hath permitted . and according to one of those wayes ( but the first that is upon the statute of the grand charter is the fittest and most probable ) must that also be interpreted , where (f) h. . sends a writ to the sheriff of rutland to command him , that notwithstanding that robert de weston a parishioner of weston were drowned , and dyed intestate , he should yet facere willielmo de s. lando ( that is , to the parson of the parish ) habere nomine ecclesiae suae id quod ad eum pertinet , habendum de catallis quae fuerunt praedicti roberti , secundum consuetudines partium illarum : that was for the mortuarie , which properly and under that name then was determinable in the spiritual court. but surely we must conclude , that if there were any such practice by the officers of the crown in the time of hen. . to seise intestates goods generally , it was not so much the law of the time ; for if so , the records could not be but as full of examples of it , as the time was of the death of intestates , which questionless were very many ; but some such temporary usurpation , as in h. . pope innocent the fourth here had for a while executed by his ministers the franciscans and dominicans , in not only getting into his own hands , but also to his own use , all the goods of the clergy-men that dyed intestate through england , which as matthew paris that then lived , relates it , (g) cum audisset dominus rex , detestans romanae curiae augmentosam & multiplicem avaritiam , hoc fieri prohibuit , comperiens illud ad damnum regni & suum redundare praejudicium . afterward in the time of edw. . it appears by the statute of westm. . cap. . cum post mortem , &c. that the goods of intestates did come ad ordinarios disponend● ; which agrees with that of bracton before cited , and iterated in the same syllables in fleta (h) which was written under e. . and the disposi●ion of intestates goods was enquired after in those dayes (i) an ongst articles of ecclesiastical jurisdiction . and afterwards by the statute of e. . the ordinary was compelled to commit the administration of intestates goods to the next of kin : after which statute the name of administrator was common as their office ; and by that name such to whom the ordinary committed were sued , although before that time they were suable by the name of executors , and perhaps also by the name of administrators : (k) but that name is scarce found ( as i think not at all ) given a defendant to an action brought before seven years after the statute of e. . and in the parliament rolls of ed. . the administrators are designed only by the ceux quesont per l' evesque ordines en lieu des executors , where a petition is offered (l) by the commons , that such might have the like actions as their intestates : but the king answers , quant à ceux qui devient intestate le roy voet que l' evesque eit action en tien case depuis que il doit responder as autres . but from that of e. . saving only the alteration by h. . the law hath continued uniformly to this day . finis . notes, typically marginal, from the original text notes for div a -e senec. controv . lucret. l. . eno. annal. l. . plutar. de audiènde . plutar. lib. orac . pyt● . marcian . heracleot . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philip. honor . thes. politic . lat. & ital. machiavell in principe & comment . ad liv. l. . c. . & . cujacius . al●er . gentil . l. . c. . de jure bell . h. cardan . in ptolem. l. . judic . astron . text . . stat. . silv. claudian . in laud. serenae uxor . stilic . l. . sect. . omnia . c. de vet . jur . en●cl . virg. aen. . lucret. l. . de rer . nat . virg. l. . aeneid . aristoph . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hegesand . delphus ap . athen. dipnos . . horat. carm. . od. . plin. epist. ad nat. hist. senec. praef . ad controver . ovid. fast. . notes for div a -e ptol. . geogr. & . quadrip . & pausan. l. . jornand . de reb . goth. c. . steph. ad laert. aug. de civ . dei , l. . c. . laert. lib. . soph. in oedip . in colon. plut. in lib. de exilio . nat. comes , mythol . l. . c. . plut. de iside & osiride . odyss . . exod. . psal. . paral. . munst. ad gen. c. . plut. de serâ dei vindictâ . camden . senec. epist. . gen. . bodin . l. . daemononian . forcat . l. . de gall. imp. serv. ad . aeneid . norden in brit. specul . senec. nat. quaest . l. c. athen. dipnos . l. . jos. scal. in elench . orat. chroa . d. par. trithem . lib. de secundis . ovid. . fast. heuter . de vet. belgio . l. . c. ● . ovid. metam . . herodot . in euterpe . stat. hen. ● . c. . justin hist. l. . arist. . eth. ff . de orig. jur . l. . metam . . & lucr. l. . cum poetarum turba . august . de civ . dei l. . c. . hom. iliad . . senec. ep . . plut. de isid. & osirid . joseph . adv . app. l. . plut. in lib. de homero . plut. lib. de musicâ . plato in minoc . sol. polyhist . cap. . eunap . in vit . porphyr . plin. nat . hist. l. . c. . gorop . in gal. paul. merula , in cosmogr . part . . lib. . num. . . ezra . . strab. geogr. lib. . caes. de bello gall. l. . vulcan . in app . ad jornand . goth. munst. cosm. l. . caes. bell . gal. l. . flotoman . c. . franco-galliae . caes. bell . gal. l. . lips. elect. lib. . cap. . & quaest . epistolic . l. . c. . plin. nat . hist. l. . c. . plut. de orac . def . herod . euterp . eustath . ad . iliad . senec. in apocol . plin. l. . c. . br. tuin . apolog . antiq . academ . oxon. l. . §. . reuch . l. . de arte cabalist . lips. stoic . physiolog l. . dissert . . & vide forcatulum l. . de gall. imperio . laert. l. . & plut. orat . de esu carnium . senec. epist. . clem. l. . strom. apud p. merulam in cosmogr . part . lib. . camden . bodin . de repub . l. . c. . in praesat . ad l. . relat. liv. lib. . plut. de virtut . musicr . aug. de civ . d●i l. . c. . athenaeus . paul. aemil. hist. franc. l. . ovid. de arte amandi l. . tac. in vit . agric . & annal. l. . eurip. in medeâ . bodin . de repub . l. . c. . pomp. mela , l. . c. . gorop . in francicis . malmesb. gest . reg . l. . c. . connub. tam. & is●s . plato de rep . lib. . arist. polit. l. . c. ult . trismegist . solin . polyhist . cap. . v. plut. quaest . centuriat . rom. . br. tuin . apolog . oxon. l. . §. . v. plut. sympos . l. . c. . laert. l. . plut. symp . l. . c. . georgic . . athen. dipnos . l. . & . suid. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . euseb. praepar . evang. l. . apud abrah . ortel . in theat . mundi . munster . boëmus , &c. theocr. eidyll . . plaut . cur●● id. amphitr . id. casinâ . plut. de aud . poet. ovid. de art . am . l. . bald. l. . consil . . alber. gentil . de nupt . l. . c. . ovid. amor . l. . eleg . . id. l. . eleg . . id. de remed . amor . l. . virg. in ceiri . malmesb. de . gest . reg . l. . c. . dio hist. rom. l. . senec. in octav. act . tac. annal . l. . dio hist. l. . camden . & lips. ad l. . tac. num . . agell . l. . c. . camden . colonia castri , whence the river called coln . senec. ad alb. c. . lips. de mag . rom. l. . c. . gild. in epist. de excid . brit. notitia provinc . tacit. vit . agric. juvenal . sat. . plati● . in vit . eleutherii . ovid. fast. l. . jo. fox hist. eccles. l. . zofim . l. . notit . provinc . utr . imper. l. . comm . c. . & l. . comm . pancir . c. . ja. douz . annal . holland . l. . & . procop. bell . goth. l. . aethelwerd . lib. . fo . . adam brem . hist. eccles . brem . & hamburg . c. . ex bibliotheca henr. ranzovii . nithard . l. . munst. cosmog . l. . plut. in sympos . plaut . in aulul . act . . martial . l. . epig. . callimach . epig. . plaut . in asinar . anacreon . carm . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . et tacit. caes. de bell . gall. l. . senec. de benefic . l. . c. . proverb . . juvenal . sac. canut . legi can . . theognis . odyss . . . in allegoriis homeric . martial . l. . epig. . bracton . de coronâ l. . c. . an. ed. . fol. . à briton . cap. . ovid. metamor . l. . matth. paris in h. . pag. . vid. l. . art . . aluted . leg . can . . dion . halic . lib. . flor. hist. rom. l. . c. . lamprid. v. bodin . de rep . l. . c. . & franc. hotom . disp . feud . cap. . bed. hist. eccles . l. . c. . fest. verbo pecul . & verbo ovibus . v. inae leg . cap. . malmsb. de gest . pontif. l. . ranulph . higden in polychron . joan. carnotens●s de nugis curial . l. . c. . caxt. cap. ▪ rotulus wintoniae . hist. cantuariensis . canut . leg . . leg. fdw. confess . cap. . bract. de coronâ , l. . c. . pont. heut . de vet . belg. l. . c. . jul. pollux . l. . c. . . edw. iii. itin. north. tit . coron . . edw. . itin. cant. * perhaps it should be tincham . bract. lib. . de coronâ c. . an. . ed. . alured . rhivallens . ap . tuin . apol. ant . oxon. l. . §. . dionysius . aeneus . malmsb. lib. . de pontif. & de gest . reg. . bract. lib. . de coron . cap. . ingulphus . joh. pris. defens . hist. brit. camdenus è sarisburiensi . c. de donat . inter virum & uxorem . l. . in epist. ad l. . relat. anno dom. . ingulph . matth. paris hist. major . pag. . ingulph . ralph holinshed in hen. . chart. archiep . cant. see the charter of edw. conf. in english rhyme , camden in essex . ingulph . ingulph . * the saint , to whom the monastery was dedicated . notes for div a -e gerv. tilb. de scacc . cap. . camden . guil. le rouille alencon . claudian . in . cons. honorii . dooms-day . horat. art . poetic . leland . matth. cantu . in antiq. eccles . britan. tuin . apol . an t oxon. lib. . §. . camden in ord. angl. macrob. saturn . lib. . cap. . vopisc . in aurel. lips. ad . annal. tacit. num . . ingulph . m●lmsb . lib. . cap. . a. ch. . guil. mapaeus . camden . lib. feud . . tit . . stat. ed. . cap. . matth. paris . polydorus . coverfeu . alberic . gentil . de jure bell . lib. . c. . august . de civ . dei. l. . c. . pausan. atticis . terms . justices of peace . a. m. . in bot. chart . rich. . pro decan . & capit . eccles. lincoln . leg. edgar . cap. . petron. arbit . basil. concil . sess . . duaren . de benef. l. . c. . vid. platin. in joh. . vitâ . canut . leg . cap. . & ed. confess . bracton . lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in novell . lev. . hotoman . in verbo feudal . beleu . carol. sigon . de reg . ital. lib. . v. hotom . comm . ad . lib. feud . mariana hist. hispan . lib. . cap. . canut . cap. rich. . tit . testament . . lind provin . constit . de testam . c. stae●urum . & de immun . eccles. c. accidit , verb. abolim . glanvil . l. . c. ● . c. de testam . l. consulta divalia . hotom . feud . hauber●ic . in diction . morus in utopiâ , l. . de mirac . thom. ap . fox hist. eccles . lib. . guli . gemetic . de ducib . norm . lib. . cap. . fest. latro. heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 latro à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 latus . bodin . de rep . l. . c. . dist. . c. . ff . ad leg . corn. de sicar . l. . §. ult . bract. lib. . tract . . c. . & stams . plac . coron . l. . c. . stow , & v. malmesb. l. . de gest . reg . fol. . spec. just. cap. des articles , &c. lamb. itinerar . cant. west . . c. . pat. ed. . ovid. art. am. lib. . v. leg. athelstan . . bellarm. l. . de rom. poutif . c. . polycrat . l. . c. . rot. parl. rich. . camden . a. . metamor . l. . v. rog. hoveden . fol. . coke praesat . ad lib. . assi● . pl. . & . ed. . ti● . barr. ● . annal. hiber . . sub henr. . malmsb. l. . de gest . reg . c. . & ingulph . fol. . malmsb. l. . de gest . pont. caes. germ. ad arat. in aquario . pindar . olym. . lips. poliorcet . lib. . dissert . . chauc . in prolog . of the sumners tale . pet. blesens . app . ad ingulph . c. de poeni● . l. . sancimus . v. canut . leg . . fox . in hist. eccels . ed. . rescript . dat . . ral. maii ap . veterem urbem , pontificat . . caes. comm . l. . ath. dipn. l. . feud . l. . tit . . otho fris. lib. de frederic . . radevic . l. . c. . bract. l. . de essoniis , c. . & ed. . fo . . a. ed. . fol. . . v. ed. . tit . attaint . . ● ed. . tit . challenge . . plo. com . fol. . h. . fol. . bract. tract . de coron . l. . glanv . l. . c. . polydor. hist. l. . matth. park . in vit . rob. archiep. cant. malmesb. l. . de gest . pontif . lact. instit. l. . de divi● . praem . c. . hoveden . annal . l. . coel. rhod. antiq . sect . l. . c. . sophocles in antigone . arist. ▪ de coelo . iliad . . deut. . zanch. de nat . dei , l. . c. . reuchl . de verb. mirif . l. . c. . psalm . hebr. . . aeneid . . anthol . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . epigr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . polyhist . l. . c. . ovid. fast. . senec. ep. . mart. del rio disq mag . l. . sect . . & . ovid. fast. . pic. mirandula in heptaplo . pindar . olymp. . vitâ roberti . decret . tit . de vulgar . purgat . caus . . quaest . . bract. l. . tract . . c. . & canuti leges . matth. paris . v. britton . cap. d' appeales , and temp . ed. . tit . quod permittat . . temp. ed. . tit . attorney , . polyd. hist. angl. . tuin . com. de reb . albion . dav. pouel . in epist. guli . fléetwode . caes. l. . de bell . gall. paul. merula . ingulph . camden . polyd. hist. angl. l. . mod. ten . parl. jo. caius antiq . cantabrig . l. . v. ed. . fol. . august . de civ . dei , l. . c. . ethelwerd . l. . c. . hist. eliens . camd. in northampt. v. kel . relat . hen. . fol. . stat. rich. . c. matth. paris , pag. . brook tit . prerogative . . fr. thin . in contin . chr. eliz. matth. cant. in odonis severi vitâ . camden . huntingd. hist. l. . camden . leg. edw. . & canut . . leg. edgar . cap. . synod . antioch . c. ● . dist. . c. . malmesb. de gest . reg . l. . ad leg . . de origin . jur . roger de hoveden in h. . notes for div a -e lucan . notes for div a -e v. sr. w. raleigh fol. . beros . antiq . chald. lib. . & ad cum annius de viterbo . diog. laert. in vita philosop . lib. . & vide basingstocke hist. lib. . flor. hist. aetat . . hist. pag. . georgic . . senec. epist. . herodot . l. . officium erat imperar● , non regnum , seneca . plat. in minoc . iliad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & saepius alibi . joseph . contra appion . lib. . plutarch . in lib. de homero . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . & hesiod . in theolog. aeneid . . & . summa foelicitas erat gentium in quibus non poterat potentior esse nisi melior . senec. epist. . l. . ff . orig . juris . ranulph . cestren . in polychronico . galfred . monumeth . lib. . cap. . & matth. westmonast . fo . . camden in rom. in brit. * v. spelmans gloss. del ley molmutii , tit . lex . . galfred . monumeth . lib. . cap. . & flor. histor . pag. . camden in append . ad . cornavios . notes for div a -e caes. de bello gall. lib. . & strabo , lib. . geograph . l. . ff . de orig. juris . juxta item lex civilis & canonica . extra de except . c. except ( de sacrosanct . eccles . ) li. placet . strabo , lib. . geograph . caesar de bell . gall. lib. . hotoman in francog . cap. . absolvent te lectori si consulas , aldus manutius ad lib. . caesaris , hotomannus in franciogalía , paulus merula in cosmogr . part . . lib. . cap. . & de caeteris , quae hic ad caesarem , juffus lipsius in comm. ad tacit. hist. lib. . sect . . & in quaest . epistolic . lib. . cap. elect. lib. cap. . caesar de bell. gall. lib. . in prim. incol . bodin . lib. de rep . ca. . just. instit . tit . de patriâ potestate . inde wapentach . liv. lib. . plutarch . lib. de virtut . mul. women's rule . tacit. in vitâ jul. agricolae & vide aristot. polit. lib. . cap. . caesar , lib. . de bell . gall . money . cambd. . timon apud athen. lib. . & . dipnosophist . dio cass. hist. rom. lib. . se●ec . in octa. act . . tacit. annal . lib. . dio cass. lib. . colonia haec victircensis dicta in antiqua inscript . apud lip. & camdenum . spens . in ruinis temporum . tacit. annal . lib. . camden in cornaviis , dovunis , brigantibus . agell . noct. attic. lib. . cap. . camden in brigantibus . lambard in archaenom . ovid. . fast. galfred . monumeth . lib. . cap. . notes for div a -e de germanis vid. plura apu● ca●sarem lib. . d● bell. gall. quae verò huc non proximè spectant . tacit. lib. de morib germ. vide leges ed. confess . ap . lamb. lips. in not . ad tacit. ibid. haec debemus virtutibus , ut non praesentes solum illas , sed etiam ablatas è conspectu colamus . senec . lib. . de benefic . ca. . vide epistolam bonifacii ad aethelbald . terre nient devisable . einhard ap . adam . bremens . in histo . eccles. cap. , & . bed. eccles. hist. lib. . cap. . malmesb. de gest . reg. lib. . cap. . gen. cap. . rotulus wintoniae . * al. absolutus . malmesb. lib. . de gest . reg . c. . athen. lib. . deipnoloph . stat. jac. cap. . ingulph . hist. pag. . & . feud . lib. . tit . chart. archiep . cant. vide etiam camden . in cantio pag. . & chartam aethelulphi super altare oblatam apud ingulph . pag. . in praefat. ad lib. . resp. notes for div a -e gervas . ti●b . de scac. ca. . conferas quae è guil. roville alenconiens . in tract . de duello transcript . cap . camden in divis. brit. hoveden . pag. . roger hoveden . in vit. h. . fo . . florent . wigorn. domesday . will. . gervas . tilb. cap. . rob. glocest. in hist. poet. matth. paris in guil. . pag. . camden . in norm . astipulatur matth. west . flor. hist. lib. . gervas . tilb. de scac. ca. . ingulph . hist. fo . . s● . e. . cap. . matth. paris . polydor. virg. hist. lib. . hen. hunting . lib. . hist. fol. . bract. lib. . tract . de coron . cap. ● . polydor. hist. lib. ● . lamb. explicat . verb. camden in norman d. ed. coke in p●aefat . ad lib. . notes for div a -e polydor. lib. . hist. matth. paris . malmesb. lib. . de gest . reg . notes for div a -e matth. paris , pag. . v. glanvil , lib. . cap. . lind. provinc . constit . de immunit . eccles. lib. . & de testament . statutum § ecclesiast . rich. . testam . . v. inf . in stephan . . c. tit . de testament . l. consulta divalia v. in johann . art . . v. hotoman . verb. feudal . hauberticum feudum . malmesb. lib. . de gest . reg . atque alibi antiquitus quod docent isocrates in oratione contra lochic . sen. epist. . lamprid . in alex. severo & alii , caeterum an in bonos motes , remque publicam . conducat , disputant : quin & ausi sunt negasle , frisius in lib. de rep. tho. morus , in utopiâ , &c. ex lib. monarch . cant. de m●rac . b. tho. apud foxum . in hist. eccles. lib. . fo . . malmesbur . guil. gemiticens . de ducibus norm . lib. . ca. . & contin . ad florent . wigorn . pag. . roger de hoved . annal . . fo . . malmesb. l. . math. westm. lib. . flor. hist. malmesb. l. . de gest . reg . mat. paris pag. . stovaeus annal . p. . flor. hist. l. . polyd. hist. lib. . halicarnass . . antiq . rom. & v. sueton. in caligula cap. . zas . in comm . ad lib. . f. de orig . turr. polyb. lib. . hist. ang. notes for div a -e malmesb. l. . hist. novell . guil. neubrigens . lib. . rer . anglic. cap. . huntingd. l. . hist. hoveden part . . f. . ibid. jo. salisburiens . polycrat . lib. . cap. . v. disceptationem de castellis episcoporum apud malmesbur . lib. . hist. novel . r. . rot. parliam . notes for div a -e guil. de novo burgo lib. . rer . anglic. cap. . matth. paris fol. . v. in johan . art . . vide verò rogerum hovedenum pag. . ex ms. vita thom. cantuar . robert glocest . hist. poet. reg. indic . fol. . fest. in verb. hemones . paul. merul. ad lib. . annal . ennli . pind. olymp. . lipsius lib. . poliorceticon chauc in prolog . and in the somners talc . matth. paris pag. . roger de hoved . annal . . fo . . matth. paris . hoveden part . . p. . quadripartitam etiam regni ad hunc modum sub eodem principe habes divisionem apud eundem , fo . . v. camden in ord. angl. pag. . quicum conferas feud . lib. . tit . . & . quin & malmesb . hist. nov. lib. . fol. . l. . solidatus , &c. reg. brev. judic . fo . . in hab. fac . vis . ranulph de glanv . lib. ● . ca. . bract. lib. . de acq . rer . dom . cap. . sect . . v. camden in ordin . angl. casum item nevillae in libr. . relat. d. e. coke huc refer . matth. paris pag. . rog. de hoved . part . . f. . notes for div a -e roger de hoveden , par . . fo . . leg. ed. confess . cap. . vide guil. de novo burgo rer. angl. lib . cap. . guil. neubrig . lib. . cap. . matth. paris . post hovedenum pag. . lib. rub. scace . roger de hoveden , pag. , & . matth. paris , pag. . hoveden part . f. . tempore e. . tit avowry ● . & reg. orig . so . . a. ●o . li. . avowry . . li. . fo . . b. hoveden part . fo . . * al. renovationem . notes for div a -e roger de hoveden pag. . matth. paris pag. . idem pag. & . hen. . idem pag. ● . camden in agro middlesex . matth. paris pag. . & seqq . v. stat . west . . cap. . art . cler . ca. . de election . merton cap. . confer . . li. . fo . . plo. com. fo . . bract. lib. . cap. . sect . . & indicem ad plo. comm. part . walsing . hist. e. . v. in h. . art . . in bibliotheca d. ro. cotton à connington eq. aurati . stat. annal. pag. . notes for div a -e (a) ff . test. quemadmodum aperiant . per tot . et vide etiam auth. . c. . sit igitur licentia . (b) de episc. l. . & tit . de testam . l. . & . & caput theodos . li. . tit . . l. . ubi visendus interpres vetus . (c) authent . . & ibid. cujacius , & videsis gloss. graeco-barb . ●eursii in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . (d) novel . formulas vet . testam . aperiendorum , videsis i. paul regest . senrent . l. . tit . . & marculph . formul . l. . c. . & . (e) c. de episc. & c●er . l. . repetita . (f) hostiens . in prooem . sum . & vetustio●es canonist . passim . (a) cap. . (b) dist. de secular . negotiis , cap. . (c) ad c. nos quidem extra tit . de testament . (d) tit. de instrum . edit . s. ostens . . vid. d. d. ad c. nos quidem , &c. si haeredes extra tit . de test . & linwood de test . c. item s. infin . & cap. stat . s. approb . (e) r. . test. . h. . fo . . b. (f) quod discimus ex bullarii summa quam edidit s. guaranta . (a) c. de episc. & cler. l. . nulli , & l. . si quis ad declinand . authentic . . c. . & vid. c. . (b) ff . de petit. haered . & tit . de legat . (a) extr. de test . c. . (b) lib. . c. . (c) videsis greg. lib. . epist. . & lib. . epist. . (d) vid. gonzal . zuarez prax. eccles. lam. . praelud . . sect. . & zerula prop. episcop . verb. leg . ad quaest . . (e) sess. . de reform . cap. . & sess. ult . de reformat . c. . (a) lamb. peramb . cant. p. . (b) hensloes c●se . rep. b. (c) in bibliothec. cottoniana . in lib. concessisset . (d) v. spicilegia in eadmerum . (e) lib. . cap. . & . (f) ed. . . a. ed. . . a. perk. . h. . . (g) ita jo. salisburgensis de nugis curial . lib. . cap. . & . (h) regiam majestar . lib. . cap. . (i) jo. sarisburg . epist. . (k) epist. . (l) barth . ad tit . de summa tr. l. . num . . r. . tit . testam . . tit. de test. c. stat . verb. ecclesiae libert . (a) cod. ms. hosp. s. leonardi in biblioth . cottoniam . hensloes case apud v. cl . ed. cook par . . fo . , , . that in france probates are in the spiritual courts . (c) choppin . de dom. franciae lib. . pag. . edit . . & videsis restam . leolodi abbatis floriani helgundi initio . (a) patent . . reg. johan . membr . . (b) rot. claus. joh. membr . . (c) claus. h. . part . . m. . & . (d) claus. h. . part . ● . membran . . idem . id ipsum est quod habetur in commentario . v. c. ed. cooke , f. . . sumptum est . (a) cap. . magn . char. quam etiam donavit johannes rex , uti videre est apud matth. paris . (b) h. . tit . prohib . . h. . ibidem . . h. . ibid. . h. . ibid. . (c) mich. & h. . rot. . &c. & h. . coram w. de raleigh , &c. rot. . in arce londinensi . (d) lib. . tract . de exceptionibus , cap. . pag. . b. (e) idem fo . . (f) register . orig. fo . . ( b ) &c. (g) fleta lib. . cap. . sect. executor . (h) ad tit . de testam . c. statut. verb. ecclesiast . libertat . (i) de episc. & cler. & nulli . & siquis ad designandum , , &c. (k) cod. de lib. natur. l. . matr. & author . , &c. notes for div a -e (a) canuti . leg . cap. . (b) ejusdem leg . cap. . (c) de moribus germanorum . (d) canut . legibus , cap. . (e) leg. ed. confess . cap. de heretochiis . (f) f. s. instit. de bonorum possessione . a adjiciuntur ingulph● crolandensi ms. in bibliotheca cottoniana . (b) apud matth. paris . (c) will. novoburg . hist. l. . c. . (d) glanvill . li● . . cap . (a) reperiuntur seorsimsaepius exemplaria illius diplomatis & penes math. paris , rogerum wendover ms. & thom. rudburne ms. extant , sed in archivis non extant . v. manuscriptum nostr . de magn. charta , cap. . in fine . (b) cap. cum mortis incerta . (c) provinc . constitut . tit . de immunitate ecclesiae , c. accidit novitate . (d) jo. de athona ad legat. othobonum c. cum mortis incerta . (e) praeter annales obvios , linwood ad c. quia verb. octoboni , tit . de constitutionibus . (a) bracton . lib. . de acq . rer . dom . cap. . sect . . (b) in annal. burtonensis coenobii penes v. cl . thom. allen oxoniensem ms. a. . (c) innocent . . tit . de simionia , c. ad apostolicum . (d) ms in thesauro cottoniano c. . de divisione hareditatis . (e) parl. e. . cro. hill. art . . & consule si vis parl. octab . purif . e. . art . . in archiris . (a) hensloes case apud v. cl . ed. coke part . sect . , . (b) ●racton . lib. . de acq . rerum dom . cap. . sect . . (c) ita facere testamentum nomine defuncti sumitur apud canonici juris peritos . videsis zebulam prax . episcop . verb. legatum , sect . . (d) mos iste reperitur apud matth. paris , histor . major , pag. . ubi de pontificia constitutione de intestatis edit . londinens . (e) clauf . h. . par . . memb . . (f) claus. h. . memb . . (g) matth. paris , fo . . edit . londinens . (h) fleta l. . c. . (i) quod videre est in cro. wigorn. ecclesiae in biblioth . cott. sub initio e. . e. . fo . . a. (k) videsis e. . fo . . a. sed & plura in l. . vir. cl . e. cook par . . fo . . & par . . f. . & . & ed. . tit . covenant . . (l) quindena pasch. e. . artic. . a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster touching innovations in the doctrine and discipline of the church of england. together with considerations upon the common prayer book. church of england. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster touching innovations in the doctrine and discipline of the church of england. together with considerations upon the common prayer book. church of england. ussher, james, - . [ ], p. [s.n.], london : printed . signed at end: arch bishop of armach [and others]. even page numbers on rectos. copy cropped at foot of title page. reproduction of the original in the henry e. huntington library and art gallery. eng church of england -- government -- early works to . church of england. -- book of common prayer -- early works to . ecclesiastical law -- england -- early works to . a r (wing c b). civilwar no a copie of the proceedings of some worthy and learned divines, appointed by the lords to meet at the bishop of lincolnes in westminster: tou church of england b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copie of the proceedings of some worthy and learned divines , appointed by the lords to meet at the bishop of lincolnes in westminster : touching innovations in the doctrine and discipline of the church of england . together with considerations upon the common prayer book . innovations in doctrine . qvare , whether in the twentieth article these words are not inserted , habet ecclesia authoritatem in controversiis fidei . it appeares by stetfords and the approbation of the licencers , that some doe teach and preach , that good workes are concauses with faith in the act of iustification . doctor dove also hath given scandall in that point . some have preached that works of penance are satisfactory before god . some have preached , that private confession by particular enumeration of sins is necessary to salvation , necessitate medii , both those errors have been questioned at the consistory at cambridge . some have maintained , that the absolution , which the priest pronounceth , is more then declaratory . some have published , that there is a proper sacrifice in the lords supper , to exhibit christs death in the postfact , as there was a sacrifice to prefigure in the old law in the antefact , and therefore that we have a true altar , and therefore not only metaphorically so called , so doctor heylin and others in the last summers convocation , where also some defended , that the oblation of the elements might hold the nature of the true sacrifice , others the consumption of the elements . some have introduced prayer for the dead , as master browne in his printed sermon : and some have coloured the use of it with questions in cambridge , and disputed , that preces pro defunctis non supponunt purgatorium . divers have oppugned the certitude of salvation . some have maintained the lawfulnesse of monasticall vowes . some have maintained that the lords day is kept meerly by ecclesiasticall constitution , and that the day is changeable . some have taught as new and dangerous doctrine , that the subjects are to pay any sums of mony imposed upon them , though without law , nay contrary to the lawes of the realme , as doctor sybthorp and doctor manwaring bishop of saint davids , in their printed sermons , whom many have followed of late yeares . some have put scornes upon the two bookes of homilies , calling them either popular discourses , or a doctrine usefull for those times wherein they were set forth . some have defended the whole grosse substance of arminianisme , that electio est ex fide praevisa , that the act of conversion depends upon the concurrence of mans free will , that the justified man may fall finally and totally from grace . some have defended vniversall grace , as imparted as much to reprobates as to the elect , and have proceeded usque ad salutem ethnicorū , which the church of england hath anathematized . some have absolutely denyed originall sin , and so evacuated the crosse of christ , as in a disputation at oxen. some have given excessive cause of scandall to the church as being suspected of socinianisme . some have defended that concupiscence is no sin , either in the habit or first motion . some have broacht out of socinus a most uncomfortable and desperate doctrine , that late repentance , that is , upon the last bed of sicknesse , is unfruitfull , at least to reconcile the penitent to god . adde unto these some dangerous and most reproveable books . the reconciliation of sancta clara , to knit the romish and protestant in one ; memorand . that he be caused to produce bishop watsons book of the like reconciliation which he speaks of . a booke called brevis disquisitio , printed ( as it is thought ) in london , and vulgarly to be had , which impugneth the doctrine of the holy trinity , and the verity of christs body ( which he tooke of the blessed virgin ) in heaven , and the verity of our resurrection . a booke called timotheus philalethes de pace ecclesiae , which holds that every religion will save a man , if he hold the covenant . innovations in discipline . the turning of the holy table altarwise , and most commonly calling it an altar . bowing towards it , or towards the east , many times , with three congees , but usually in every motion , accesse , or recesse in the church . advancing candlesticks in many churches upon the altar so called . in making canopies over the altar so called , with traverses and curtains on each side and before it . in compelling all communicants to come up before the rails , and there to receive . in advancing crucifixes and images upon the parafront , or altar-cloth so called . in reading some part of the morning prayer at the holy table , when there is no communion celebrated . by the ministers turning his backe to the west , and his face to the east , when he pronounceth the creed , or reads prayers . by reading the letany in the midst of the body of the church in many of the parochiall churches . by pretending for their innovations , the injunctions and advertisements of queene elizabeth , which are not in force , but by way of commentary and imposition , and by putting to the liturgy printed secundo , tertio edwardi sexti , which the parliament hath reformed and laid aside . by offering of bread and wine by the hand of the church-wardens , or others , before the consecration of the elements . by having a credentia , or side table besides the lords table for divers uses in the lords supper . by introducing an offertory before the communion , distant from the giving of almes to the poore . by prohibiting the ministers to expound the catechisme at large to their parishioners . by suppressing of lectures , partly on sundayes in the afternoone , partly on weeke dayes , performed as well by combination , as some one man . by prohibiting a direct prayer before sermon , and bidding of prayer . by singing the te deum in prose after a cathedrall church way , in divers parochiall churches , where the people have no skill in such musicke . by introducing latine service in the communion of late in oxford , and into some colledges in cambridge , at morning and evening prayer , so that some young students , and the servants of the colledge doe not understand their prayers . by standing up at the hymnes in the church , and alwayes at gloria patri . by carrying children from the baptisme to the altar so called , there to offer them up to god . by taking downe galleries in churches , or restraining the building of such galleries where the parishes are very populous . memorandum . that in all the cathedrall and collegiate churches two sermons be preached every sunday by the deane and prebendaries , or by their procurement , and likewise every holiday , and one lecture at the least to be preached on working dayes every weeke , all the yeare long . that the musick used in gods holy service in cathedrall and collegiate churches be framed with lesse curiosity , that it may bee more edifying and more intelligible , and that no hymnes or anthemes be used where ditties are framed by private men , but such as are contained in the sacred canonicall scriptures , or in our liturgy of prayers , or have publique allowance . that the reading deske be placed in the church where divine service may best be heard of all the people . considerations upon the booke of common prayer . vvhether the names of some departed saints and others should not be quite expunged the kalender . whether the reading of psalmes , sentences of scripture concurring in divers places in the hymnes , epistles and gospels , should not be set out in the new translation . whether the rubrique should not bee mended , where all vestments in them of divine service are now commanded which were used , . ed. . whether lessons of canonicall scripture should be put into the kalender in stead of apocrypha . . that the doxologie should be alwaies printed at the end of the lords praier , and be alwaies said by the minister . whether the rubrique should not be mended , where it is ( that the lessons should be sung in a plaine tune ) why not ( read with a distinct voice . ) whether gloria patri should be repeated at the end of every psalme . whether according to that end of the preface before the common prayer , the curate should be bound to read morning and evening prayers every day in the church , if he be at home , and not reasonably tet●ed , and why not only on wensday , and fryday morning , and in the afternoone on saturdaies , with holyday eves . whether the himnes , benedicite omnia opera , &c. may not be left out . in the prayer for the clergy , that the phrase perhaps to be altered , which only worketh great marvails . in the rubrique for the administration of the lords supper whether this alteration to be made , that such as intend to communicate shall signify their names to the curate over night or in the morning before prayers . the next rubrique to be cleared , how far a minister may repulse a scandalous and notorious sinner from the communion . whether the rubrique is not to be mended , where the churchwardens are straitly appointed to gather the almes for the poore before the communion begin , for by experience it is proved to be done better when the people depart . whether the rubrique is not to be mended , concerning the party that is to make his generall confession upon his knees , before the communion , that it should be sayd only by the minister and then at every clause repeated to the people . these words in the forme of the consecration , this is my body , this is my bloud of the new testament , not to be printed hereafter in great letters . whether it will not bee fit to insert a rubrique touching kneeling at the communion , that is , to comply in all humility with the prayer which the minister makes when he delivers the elements . whether cathedrall and collegiate churches shall be straitly bound to celebrate the holy communion every sunday at the least , and might not it rather be added once in a moneth . in the last rubrique touching the communion , is it not fit that the printer make a full point , and begin with a new great letter at these words . and every parishioner shall also receive the sacraments . whether in the first prayer at the baptisme , these words , didst sanctifie the floud iordan , and all other waters , should be thus changed , didst sanctifie the element of water . whether it be not fit to have some discreete rubrique made to take away all scandall from signifyng the signe of the crosse upon the infants after baptisme , or if it shall seeme more expedient to be quite difused , whether this reason should be published , that in antient liturgies no crosse was confined upon the party , but where oyle also was used , and therfore oile being now omitted so may also that which was concomitant with it the signe of the crosse . in private baptisme , the rubique mentions that which must not be done , that the minister may dip the child in water being at the point of death . whether in the last rubrique of conformation those words be to be left out , and be undoubtedly saved . whether the catechisme may not receive a little more enlargement . whether the times prohibited for marriage are quite to be taken away . whether none hereafter shall have licences to marry , nor be asked their banes of matrimony , that shall not bring with them a certificat from their ministers that they are instructed in their catechisme ; whether these words in matrimony , with my body i thee worship , shall not be thus altered , i give thee power over my body . whether the last rubrique of marriage should not be mended , that new married persons should receive the communion the same day of their marriage , may it not well be , or upon the next sunday following when the communion is celebrated . in the absolution of the sicke , were it not plaine to say , i pronounce thee absolved . the psalme of thanksgiving of women after childbirth , were it not fit to be composed out of proper versicles taken from divers psalmes . may not the priest rather read the commination in the desk , then go up to the pulpit . the rubrick in the commination leaves it doubtful whether the letany may not be read in divers places in the church . in the order of the buriall of all persons , 't is said , wee commit his body to the ground , in sure and certain hope of resurrection to eternall life , why not thus , knowing assuredly , that the dead shall rise againe . in the collect next unto the collect against the pestilence , the clause perhaps to be mended , for the honour of jesus christ sake . in the letany instead of fornication and all other deadly sin , would it not satisfie thus ? from fornication and all other grevious sinnes . it is very fit that the imperfections of the meeter in the singing psalmes should be mended , and then lawfull authority added unto them , to have them publiquely sunge before and after sermons , and somtimes instead of the hymns of morning and evening prayer . arch bishop of armach . bp. of lincolne . dr. prideaux . dr. ward . dr. brownrig . dr. featly . dr. hacket . a vindication of a late undertaking of certain gentlemen in order to the suppressing of debauchery and profaneness. fowler, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of a late undertaking of certain gentlemen in order to the suppressing of debauchery and profaneness. fowler, edward, - . p. [s.n.], london : . attributed to edward fowler--nuc pre- imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng conduct of life. ecclesiastical law -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of a late undertaking of certain gentlemen , in order to the suppressing of debauchery , and profaneness . london , printed in the year , . the preface . that which follows , had , for the substance of it , appeared abroad before now , but for the strange imprudence of a printer , and base treachery of a certain licenser ; who was intrusted by him ( wholly unawares to the writer ) with an imperfect copy , and , as to the latter part , a first draught ; which was promised to be returned home again , to have added or altered what should be thought fit . and whosoever shall be offended at what is here published , as taking themselves to be disobliged by it , i assure them it is not written from the least ill-will to any person in the world , but from the greatest good-will ; and that not onely to the best of causes , but also to those men who are most like to be incensed . methinks i hear now our cautious politico's asking , what ayls this person to be thus busily interposing in the behalf of those , who must needs by their extraordinary zeal be exposing themselves to the high displeasure of some , and the censures of others , as a sort of hot-headed and rash men ? but if they 'll vouchsafe to read what is here written , i hope they 'll see no just c●use to accuse him of being over-busy . but indeed , tho' the apostle saith , it is good to be always zealously affected in a good thing : and tho' their cool wisdomships can be as hot as their neighbours in their own concerns , yet 't is ordinary with many of them , to pass sly reflexions upon all religious zeal . but why zeal should not best become a cause , wherein the honour of almighty god is most highly concerned , and our country-mens happiness in the world to come , and this world too , they are too wise to offer at a reason . but they 'll object , that the ill-timeing of a good thing will make it chargeable with indiscretion . and who knows not this ? but how can zeal for so good a thing as the reformation of our manners , be ever ill-timed ? what is absolutely necessary , 't is impossible should be set about unseasonably . and it argues a mighty distrust of the divine providence , to fear , from the angering of the vicious part of the kingdom , any evil that can be greater , than the good of suppressing vice , or so great . nay , this savours of downright infidelity and irreligion . nor seems it much less culpable to think , that the disobliging of wicked men will be a weakning of this government . for 't is so far from being true , that the governments giving all possible discouragement to vice , may be a means to endanger it , that nothing can conduce more to the strengthening and securing thereof , nor so much neither ; and that naturally , as well as through the blessing of god almighty . h●nest tully hath told us as much as this comes to . the offence which profane and vicious men may take at the government , is a meer scare-crow ; for so long as they see it for their interest , to adhere to it , there is no fear but they will ; and they 'll put on a shew of being reformed , nay and ape a zeal too for reformation , rather than hazard their preferments under it , or their prince's favour : and 't is certain that the government can be secure of such no longer , than their interest holds them fast to it , tho' their vices should be never so much connived at . but it hath been much observed both in city and country , that those whose conversations are none of the strictest , did upon the late execution of the laws , with some briskness , express great liking of it , in hopes of having for the future , their children and servants , under better government . and the truth is , the height of viciousness , to which the youth of this nation , and especially of this city , are arrived , is a most melancholly subject to reflect upon ; but not to be wondred at any more , that that bad examples should be more powerful than good precepts . and this presents us with as sad a prospect , of the age's being still more and more corrupted , and of the next ages proving worse than this , if more time should be lost ; and the setting in great earnest on the work of reformation be longer delayed . and i need not add , that the longer it is so , the work will every year be the more difficult . a vindication of a late undertaking of certain gentlemen , &c. the most deplorable degeneracy of this nation in its morals , occasioned by the encouragement , which for many years together , ( for a well-known reason ) was given to vice , raised in the minds of serious people , very strong apprehensions of approaching judgments ; and accordingly very great ones came down upon us ; and two such , as no age hath parallel'd in these kingdoms , within a few years after the return of king charles . but those having produced nothing of reformation , they were followed with others from time to time ; and these likewise being lost upon us , at length we had all the reason in the world to look for the heaviest calamities that could befal us , viz. popery and slavery ; but when these were at the door and just entering , so infinitely merciful was he to us , whose ways are not as our ways , nor whose thoughts as ours , as strangely to surprize us with a happy deliverance . and the blessed instrument thereof , with his most virtuous consort , being by god's wonderful providence plac'd on the throne , never were so great hopes conceived as now , of an effectual reformation . but alas , in a short time it was too apparent , that this deliverance came too soon , to be much valued by such a people , as generally we were . it found us miserably unqualified to receive it , and the returns we have made to the divine goodness for it , speak us no less unworthy of the continuance of it . for neither hath the first part of the deliverance , nor the many amazing things god almighty hath since done , both at home and abroad , towards the perfecting and securing thereof , had any visible good effect upon us . but those vices which before reigned , and cryed to heaven for vengeance , do reign still as much as ever ; and those who were filthy before , let god use never so powerful means for the cleansing of them , will be filthy still ; as if , to speak in the prophets language , they had made a covenant with death , and were at an agreement with hell. and whereas we have very good laws for the suppressing of vice , i will not say how very few have hitherto shewed , any thing of zeal or an hearty concern ( notwithstanding the highest obligation ) for the execution of them : nor from how many nothing is to be expected , but an extream averseness to a reformation . but to come to the business of these papers : certain pious gentlemen , all of the church of england , laying greatly to heart these things , resolved to make tryal , whether any thing could be done , towards the giving a check to debauchery and profaneness ; and joyntly pitch't upon this following method for the reforming of offenders in those two most scandalous instances , by due course of law , viz. first , to endeavour the procuring of a letter from the queen ( the king being then absent ) to the justices of the peace for the county of middlesex , requiring them to put the laws in execution against drunkenness , vncleanness , swearing , cursing , profanation of the lords day , &c. secondly , to endeavour the obtaining a good order of sessions to be made thereon . and her majesty having ( like her self ) most chearfully granted the humble request of the lord bishop of worcester , for such a letter ; and having accordingly sent a very pious and pressing one to those justices ; and the justices having thereupon publish't an exceeding good order , these gentlemen , encouraged with this good success , thirdly , made it their request to many of their acquaintance , ( and all of the church of england too ) whom they knew to be sober and religious persons , to give information to some justice of the peace , of all offences of the forementioned nature , which they should observe to be committed ; as by the order of sessions they are encouraged to do . and that all possible ease might be given to the informers , the iustices , and their clerks : . they printed blank-warrants against the several offences . . they procured divers persons ( to the number of eighteen or twenty ) inhabiting in convenient places of the city and suburbs , to fill up such warrants , as the case should happen to be ; for the informers , who should carry the same to the justice ; by which means he would have nothing more to do , but to examine them upon oath , and sign and seal the said warrants . and , . to ease the justices servant of the trouble of carrying every warrant to the proper officer , the informer was to take his warrant back with him to the person who filled it up ; with whom care was taken to have it executed ; as will appear presently . that the penalties might be duly applyed to the use of the poor , and not imbezel'd by the constables or church-wardens , they took this method . . they directed every person who filled up the warrants , to keep an account or register of the several offenders names , the offence of each , the time when , and place where each offence was committed : and , when the informer had brought him back the warrant , to insert also the name of the magistrate , before whom each conviction was made ; . they appointed a special messenger , and paid him well for his pains , to collect all the said warrants and registers weekly ; and , after they were sorted , to carry them out again to the proper officers of the several parishes where they were to be executed ; and to insert the names of the several constables , to whom each of the said warrants should be delivered , in the said registers . . they prepared an abstract of these registers , to be presented to the justices at their petty-sessions , for the enabling them to call every constable to an account , how he had executed the several warrants he was charged with in that register ; and to what church-warden he had payd the penalties by him levyed . . a short account was to be taken out of all those abstracts , by which to charge the several church-wardens , at the making up of their accounts with all the money by them received on those warrants , in order to their sending it to the several vestries once a year . and lastly , to awaken all good christians throughout the kingdom , whether magistrates or private persons , to a vigorous endeavour for a reformation of manners , they set the good example of the justices of middlesex , and the following as good a one , of the lord mayor of london , and court of aldermen , before the rest of the nation . for which purpose they caused the orders of the said sessions and court , to be printed in a smaller character ; and of these they sent several thousands throughout the kingdom , viz. to most parliament-men , mayors , bayliffs , iustices of the peace , ministers , coffee-houses , &c. and the printing and postage too were wholly at their own charge . and , thanks be to god , they quickly saw extraordinary good effects hereof , in the excellent orders of the like nature , made by the cities of york , gloucester , &c. and by the counties of hertford , buckingham , bedford , sussex , gloucester , the north-riding of yorkshire , and divers others . and there was perceived very good success of their endeavours at home , by the manifest ceasing in a great measure of the profanation of the lords day ; and the awe that appeared upon many common swearers and drunkards , who either felt , or had notice of , the execution of the laws against such o●fenders . but for as much as another sort of informers , who had been so busie a few years since , hath made that name odious to inconsiderate people ; and that the restraining of licenciousness , is ever extreamly grievous to the licencious , 't was necessary that the justice should be desired by the informer to conceal his name from the offender : there having been too many instances of late , not unknown to the justices , of those , who , instead of amending by the gentle punishment of one sin , have added more to it , by reeking their revenge on such as informed against them , with great barbarity . i say the concealing the informers name , for this reason , ought to be judged necessary ; especially when he is ready to appear , and prove the fact to the face of the offender , in case he persists in the denial of it . and care was taken , that in this case the informer should adventure to appear , although the law doth not oblige to it ; as will be seen anon . this is an exactly true , but imperfect narrative of the undertaking of these gentlemen ; and is it possible it should need a vindication ? who would not now wonder that such a word as this should be seen in our title-page ? for can there be a nobler design laid , than that which is directly and solely for the advancement of the publick good ? and is not that good , which comprehends both the spiritual and temporal interest of the publick , the incomparably greatest publick good ? and is not he a brute who needs to be told , that the reformation of mankind , and running down of vice , is such a good as contains in it both these interests ? but this was the onely design of this undertaking . and it hath been shewed , that it was not limited to the reformation of one city , or one county , but it extended to the whole kingdom . and a due countenance from those who are principally obliged to encourage it , must needs cause it to have in time , an happy influence upon both the other kingdoms . and then , how much farther in the world it may by gods blessing reach , he 〈◊〉 knows . moreover ; these gentlemen were so far f●●m designing to serve themselves by this undertaking , that , as they were not capable of getting one penny for their pains , so they expended in the carrying of it on , considerable sums out of their own purses . nor can they with any justice or charity be censured , as designing the applause of the sober and virtuous part of the nation , ( as highly as they deserve it ) for we are wholly beholden to their enemies for our knowledge of so much as one of the undertakers , or of the undertaking it self . and those who received the printed orders all over the kingdom , were perfectly ignorant from whose hands they came . and as to the foresaid method they agreed on , for the managing of this design , it as little needs a uindication as the design it self ; and is so far from being lyable to be taxed with imprudence , that i ( for my part ) must needs profess , i greatly admire the wisdom of the contrivance . i challenge those who dare to reproach it , to shew any project better fitted for the attainment of its end , than this throughout is . 't is scarce civil to desire them to mend it themselves , since there is no employment they can be more averse to . in short , 't is a lamentable instance of the debauchery of the age , that it is not a piece of great impertinence to publish a vindication of such an undertaking . but so it is , that the clamours of delinquents , which , where they are readily received , shall never be wanting ; served for an occasion to certain gentlemen , whose own conversations will not suffer them to be reconciled to the thoughts of a general reformation , to calumniate it , with the persons concerned in it ; and to do their utmost to overthrow it . all the tales of punish'd ale-house-keepers and other criminals , were by them immediately received as gospel , since they were told by such dis-interessed and unbyast people ; and hereupon they fall to work. and no wonder , for if the prince of darkness had not now bestirr'd himself , to baffle a design so directly levelled against his kingdom , this would doubtless have been the very first time of his being unconcern'd upon such an occasion . and first these persons satisfied themselves a while with playing at small-game ; and among other most notorious untruths , they gave it out with great assurance , that there was a wonderfully gainful office lately set up in lincolns-inn , where hundreds of pounds were already gotten by the erecters of it . and what great pity is it , provided the tempting wages could have reconciled them to such loathsom work , that themselves had no interest in the stock going there ? by my consent , they should have had shares gratìs upon that condition ; nay , could they have been hyred thereby not to hinder business , the founders of the office should have done all the drudgery , and they should have all the gains , but that the poor ran away with every farthing . and , by the way , the informers too who were engaged in this undertaking , refused to receive a penny of the penalties in those cases wherein the law alloweth them the third part . they desired no other reward for so good a work , than what they are sure to have in the other world , and would have only their labour for their pains in this. and when it appeared to every body by the form of the warrants , that the constables were to pay the money they had levyed upon offenders , to the church-wardens , for the use of the poor , the foresaid persons found that a lye could do them very little service , which was every whit as easily detected as told . and now from talking they proceed to action ; and 't is well known how the first blow was given to this undertaking ; though several worthy justices of the peace , to their honour be it spoken , heartily interposed for the prevention of it . in order to it , they in the first place fell very heavily on mr. hartley , a virtuous person , who had given as a justice , all possible encouragement to this best of works . he was loaded with diverse accusations of injustice in his proceedings ; and those on which the greatest weight was laid , were the two following , whereby the reader may judge of the rest . and perhaps they were both true as to matter of fact , whatever they were as to their faultiness . one was , that the name of the landlord of an ale house was inserted in one of his warrants , instead of the tenant's who kept the house . the other , that a woman was called in another warrant by the name of her dead husband , after she was again married . now as to the former , it is said , that the landlord also liv'd in the house ; so that 't was unknown to many which of them was master of it : however , the house was ascertained in the warrant , and the offence against the law , there committed , positively sworn to . and as to the latter , 't is ordinary among the meaner sort , to call women , at least for some time after their second marriages , by the names of their former husbands : and those who had not heard of the husbands death , might without any great offence presume him to be still living . nor was it necessary that all who knew of his death , should know that his widow was a wife again . these are the only objections which we find particularly assign'd against mr. hartley's proceedings , and therefore unpardonable faults no doubt ! but the best of it is , they were the informers not the iustices . but can any one of those who have made such ado with these two trifles , make any body believe that his justiceship ( if he be in commission ) was never so imposed on ? he hath had very little custom , or very great luck , if it never was . but old aesop hath helpt us to a true proverb : it is an easie thing to find a staff to beat a dog. but suppose these two were culpable mistakes , for want of due caution , as those who have made such mighty matters of them , can't think them so in the iustice , and scarcely in the informers : i wish they would seriously consider , what means that question of our blessed saviour ; why beholdest thou the mote which is in thy brothers eye , and perceivest not the beam that is in thine own eye ? o how happy would it be for , especially some of them , were they chargeable with no worse mistakes , or lay they under the scandal of nothing worse than mistakes ! such little things as these , and which are as soon rectified as perceived , would be easily over-look't for the sake of the greatness and nobleness of the undertaking , by all such as heartily desire a reformation ; nay , by those who are but able to bear the thoughts of it : nay , one would think too , by those who , though they would fain have none , have so much modesty remaining , as to be ashamed openly to oppose it . which sure none can have the impious bravery to do , but such as would make a true story of the fiction of the giants , by designedly fighting against god himself , if they believe there is one . and as it is eminently his cause in which these pious gentlemen engaged themselves ; so no christian can doubt , nor scarce a hearty theist , whether god hath a special hand in all undertakings of this nature ; nor whether those who are employed in them are his instruments ; called , spirited and assisted by him : i mean on supposition , that they carry on their work by lawful means , and transgress not the bounds of those stations in which providence hath placed them . but malice it self may be defyed to shew any one instance , wherein these persons ( the undertakers i mean ) have not strictly kept to the observance of humane , as well as the divine laws ; or acted out of their own sphere . it is evident by the foresaid narrative , that there was nothing in their undertaking , but what they had at least liberty from our laws to do , nay , a commission ( i mean a general one ) from god to do ; and the queens commission too , may be easily made out of her majesties most gracious letter , for what they have done ; could they stand in any need of it . as to the particular charges against two of the undertakers , and divers of the imformers , the world will quickly be satisfied they are mere forgeries by a better hand ; and therefore i will wholly wave them . mr. hartley will be also vindicated from the other misdemeanours objected against him in the execution of his office ; but i cannot forbear to touch upon two more of these . one was , that he play'd the busy-body in acting out of his own division . and 't is true , that he did so act , but not that he was a busy-body in so doing . for , as he did it not but when 't was necessary , so he had expresly violated his justices oath , if he had refused it . the other was , his convicting offenders , without bringing them and their accusers face to face . now , besides what hath been said to this already , which shews the necessity of his frequently so doing , so the law ought not to be understood as being against it : for the same magna charta which saith , that no man shall be condemned vnheard ; saith also , that no man shall be disseized of his goods or life , but by a tryal per pares . in which latter , if an act of parliament hath dispensed as to goods , it may well be construed so to do in the former clause ; especially when there is no proportion between the crime and the punishment : i mean , when the former is very great , and the latter as little ; and this not to be inflicted but by a solemn conviction upon the oath of a credible person , and in some cases of two ; and the oaths likewise of such , as get not one farthing of the penalty . this is as much as we design to say , relating to the first blow that was given to this undertaking . a second soon followed it , and this proved a home one . and gods will be done , if there is no remedy to be had . but there is little likelihood of any , should good men be so sheepish , as to conceal , or only vent to one another , their sorrowful resentment of fierce oppositions to reformation , and such an open contempt as is now cast upon the best of queens , in baffling a design so well adapted to the promoting of the business of her excellent letter . and of the great encouragement given to licencious publick houses ; of several instances of which , diverse bishops , to their no small trouble , have been ear-witnesses . there is an objection which have been too often made against the restraining of such houses , viz. that their majesties excise will be greatly lessened by this means . but who is able to think it can be grateful to such a king and queen as we are now bless't with , to have their revenue enlarged by the sins of their people ? who can be ignorant , that there is nothing they would more abominate ? or that their majesties do not need to be told , that their revenue must most certainly be exceedingly diminished by the poverty of their subjects ; and nothing is more observed , than that multitudes of them do every year bring themselves and families to a morsel of bread , by being permitted so much drink ; expresly contrary to our laws , which lay great restraints upon drinking-houses , and drinkers in them ; not only on sundays , but the week-dayes too . possibly some may object against the matter of these pages , that advice of the poet : dum furor in cursu est , &c. when you see fury ride full speed , get out o' th' way of fury's steed . and censure it as too heady an act , now vice is so rampant , thus to expose our selves to the rage of the vicious . but it may be replyed , that whosoever is heartily concerned at vice's being now so rampant , must have the soul of a nit , if he fears looking it in the face in such a reign as this . if he be more afraid of debauchees and profane persons in king william's and q. mary's reign , than many were of papists and jesuites in king iames's . or apprehends more danger in attacquing those now , than these then , without the leave of a licenser . and as to the governments having any reason to be afraid of provoking them , i add to what is said in the preface , that vice is a dastardly cow-hearted thing , and always sneaks when bravely born up to ; having nothing to plead in its own defence . but could vicious men invent any thing to say for themselves , they are still self-condemned . their vices also make them too soft and effeminate , to carry on with any vigour a dangerous design . nor can they confide in one another , in laying a conspiracy , as having no principle to secure fidelity : so that there is not the least fear of their being too hard for the sober part of the nation ; of which i hope there are an hundred to one on the side of the government . were those who bear an implacable enmity to any thing of reformation , onely injurious to their own souls , the charity we have for them , might have forbidden us to be silent , upon such an occasion as is now given us ; much less then can we have any temptation to be shy of offending them , when we consider how extreamly the publick , and their majesties great affairs have suffered by them , and are still like to suffer ; and what heavy judgments ought to be expected from a most highly provoked god , for the toleration of so much wickedness , after as great obligations as ever were laid upon a nation . now the third time draws on a pace , when he , who is the light of our eyes , and the breath of our nostrils , designs to expose his sacred person for our safety , and the well-fare of all christendom , to such dangers as nothing but the courage of a matchless hero could encounter : and therefore 't is more than time , that a more effectual course than ever be taken to run down those enemies at home ( our reigning sins ) which may do , through god's just judgment , our potent enemy abroad more service , than all the preparations he hath made against us . and in order thereunto , to take all possible care , that none be intrusted with the business of reforming others , who need as much as any to be reformed themselves . as also to give all encouragement to those , whose hearts god hath inclined to give their helping hand to a work of such absolute necessity , we may be much afraid to think of the king 's again leaving us , before this be done , or at least a doing . and , thanks be to god , and their majesties , since this was written comes the happy news , of this work 's being again set on foot , by a most pious proclamation . finis . repertorium canonicum, or, an abridgment of the ecclesiastical laws of this realm, consistent with the temporal wherein the most material points relating to such persons and things, as come within the cognizance thereof, are succinctly treated / by john godolphin ... godolphin, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) repertorium canonicum, or, an abridgment of the ecclesiastical laws of this realm, consistent with the temporal wherein the most material points relating to such persons and things, as come within the cognizance thereof, are succinctly treated / by john godolphin ... godolphin, john, - . [ ], , [ ], , [ ] p. printed by s. roycroft, for christopher wilkinson ..., london : . reproduction of original in union theological seminary library, new york. index: p. [ ]-[ ] errata: p. 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being resolved in the negative , and that resolution ratified in the convocation an. . an act of parliament passed about two years after for the extinguishing of that papal authority in this realm . this succceded so well in consequence of what the convocation an. . had before acknowledged him , viz. the supream head on earth of the church of england , that that supremacy was likewise after confirmed by act of parliament to him , his heirs , and successors . this is that supremacy here tenderly touch'd at in the first chapter of the ensuing abridgment , and without which all that follows would be but insignificant and disfigured cyphers . when king henry the eighth was thus both parliamentarily and synodically invested herewith , although it was with all the priviledges and preheminences incident thereto , yet no more accrued to the crown thereby , than was legally inherent in it before ; yet in regard of the usurpations , that in divers kings reigns had successively invaded the rights of the crown in that most splendent jewel thereof , another convocation in an. . ( to give the king as it were , livery and seisin of the said supremacy ) promised him in verbo sacerdotii , that they would not from thenceforth assemble in any convocation or synod without his majesty's writ , nor make any canons or constitutions without his license and consent , nor execute the same until they were ratified under the great seal of england . all which was done without the least diminution of any archiepiscopal or episcopal power or priviledges , in the free exercise of that ecclesiastical jurisdiction which they anciently enjoyed . the whole of this design being only to eject the roman pontifex , and annul his usurpation in a matter of that weighty consequence , to which the crown was so undoubtedly entituled : and this only in a way consonant to that allegiance , which every subject without distinction owes to his lawful sovereign in all matters , as well ecclesiastical as civil , within his majesty's realms and dominions ; whereby the clergy as well as laity , being all subjects alike , might be reduced not only to their primitive obedience unto , but also to their dependance on their own sovereign in preference to any forein potentate whatever . — that the supream civil power is also supream governour over all persons , and in all causes ecclesiastical , is a rule ( says the learned bishop taylor ) of such great necessity for the conduct of conscience , as that it is the measure of determining all questions concerning the sanction of obedience to all ecclesiastical laws , the duty of bishops and priests to their princes , the necessity of their paying tribute , and discharging the burthens , and relieving the necessities of the republick . it was never known ( says the same author ) in the primitive church , that ever any ecclesiastical law did oblige the catholick church ; unless the secular prince did establish it . the nicene canons became laws by the rescript of the emperour constantine , says sozomen . when the council of constantinople was finished , the fathers wrote to the emperour theodosius , and petitioned vt edicto pietatis tuae confirmetur synodi sententia . the confirmation of the canon and decrees of the great council at ephesus by the emperour is to be seen at the end of the acts of the synod . and marcian the emperour wrote to palladius his prefect a let●er , in which he testifies , that he made the decrees of the council of chalcedon to become laws , ea quae de christiana fide à sacerdotibus qui chalcedone ●convenerunt , per nostra praecepta statuta sunt , &c. thus also the fathers of the fifth general synod petitioned justinian to confirm and establish their canons into a law. the same prince also published a novel , in which he commands vim legum obtinere ecclesiasticos canones à quatuor synodis , nicena , constantinopolitana prima , ephesina prima & chalcedonensi expositos & confirmatos . vid. concil . tolet. all which confirms it for a truth , that even in the primitive church the supremacy in matters ecclesiastical was in the supream secular prince . touching archbishops , our malmesbury confesses , that in the ancienter times of the britains it was unknown where the archbishoprick was : at the council of arles , an. . silvester the pope is but plain bishop , as appears by the nomenclature of those that were at that council . the high title of archbishop was for a long time in use in the eastern church , before it came into the west a . for whereas our beda tells us , that augustine was ordained archbishop of the english nation by etherius archbishop of arles aforesaid , he therein follows the mode of speaking current in his own times : for gregory the then pope , in his several letters written to them , affords neither of them that title ; no , not when he bestows the pall upon augustine , and gives him the precedency and priority in respect of york and all other bishops of britain b . yet the incomparable b. vsher affirms , that they did not quite deny archbishops among the old britains ( for he proves they had such ; ) but that all memorials were lost , where the archiepiscopal or patriarchal seat resided c . for although london hath been for many ages the chiefest of britain , and was no less than years since reputed vetus oppidum , and augusta d . yet a modern writer of great learning and authority , would have york as the more ancient metropolis of the diocess of the britains e ; and that not only because it was a roman colony , which london was not , as onuphrius ( contrary to so great and plain authority of tacitus ) doth affirm f : but also , for that the emperours palace , and praetorium likewise , tribunal or chief seat of judgment was there ; whence by the old historian spartianus it was called civitas by way of excellency g . it must be acknowledg'd , that the very original of things are to us much clouded in obscurity and uncertainty ; yet he that duly consults antiquity , will find , that what radulphus de diceto writes touching the original of episcopacy and archiepiscopacy in britain , seems to have the best analogy with the truth , comparing one antiquary with another touching that subject . this radulphus de diceto was dean of london , a very ancient historian , he wrote the history of england , from a. . to . in a book entituled imagines historiarum ; and in the prologue to his chronicle abbreviations , says , that augustine ( who by pope gregory was sent into england . an. . ) after he had converted ethelbert king of kent to the christian faith , went in the year . to arles , where he was consecrated episcopus anglorum by etherius archbishop of that place ; and being returned into britain sent laurentius the presbyter , and petrus the monk to pope gregory , giving him an account of britains being converted to the faith , and himself made bishop thereof : whereupon the said gregory sent them back into england , and with them several divines to preach the gospel in this isle , among which the chief were mellitus , justus , paulinus , and ruffinianus , by whom he also sent the pall to augustine , and at the same time wrote him in what manner he should constitute bishops in england , and that in haec verba , viz. per locos singulos episcopos ordines , qui tuae subjaceant ditioni● , quatenus lundoniensis civitatis episcopus semper in posterum à synodo propria debeat consecrari , &c. ad eboricum vero civitatem te volumus episcopum mittere , quem ipse judicaveris ordinare . ita duntaxat , ut si eadem civitas cum finitimis locis verhum dei receperit , ipse quoque . episcopos ordinet , & metropolitani honore fruatur . quem tamen tuae fraternitatis volumus dispositioni subjacere . post obitum vero tuum ita episcopus quos ordinaverit praesit , ut lundoniensis episcopi nullo modo ditioni subjaceat . sit vero inter lundoni & eboricae civitatis episcopos in posterum honoris ista distinctio , ut ipse prior habeatur qui prius fuerit ordinatus . tua vero fraternitas episcopos quos ordinaveris , qui vel per episcopum eboracae fuerint ordinati , sacerdotes etiam totius britanniae subjectos habeat h . after the receipt of these orders from pope gregory , the bishops of britain were conven'd to a conference by augustine , he having first ordained the said laurentius as his suffragan , the said mellitus bishop of london , and the said justus bishop of rochester : about which time king ethelbert built st. pauls church london , or re-edified the same i . about this time also it was , viz. an. . that pope boniface obtain'd of the emperour phocas , that the church of rome should be the head of all other churches , ( that of constantinople having till then assumed that title ) the which was after decreed sub anathemate in a council of bishops . afterwards the the said laurentius , mellitus , and justus , became archbishops of canterbury successively , viz. laurentius in an. . mellitus in an. . and justus in an. . according to the computation of the said radulphus ; by the last of which paulinus was ordained archbishop of york k , and to which justus pope boniface wrote in haec verba , viz. authoritati beati petri praecipientes firmamus , ut in dorobernia civitate semper in posterum metropolitanus totius britanniae locus habeatur , omnesque provinciae regni anglorum praefati loci metropolitanae ecclesiae subjiciantur . again , the precedency of the see of canterbury is recorded by the said rodolphus in these words , viz. sicut cantia subjicitur romae , quod ex ea fidem accepit , ita eboricum subjicitur cantuariae , quae eo praedicatores misit . sicut igitur sedes cantuariae prima fuit in fide , prima sit in honore . after justus , honorius was made archbishop of canterbury , whom paulinus consecrated at lincoln ; to whom honorius pope wrote in haec verba , viz. cum dorobernensis antistes , vel eboracensis de hac vita transierit , is qui superest habeat potestatem alterum ordinandi . bed. lib. . cap. . si de consecrationibus archiepiscoporum cantuar. contrarium aliquid inveneris in authentico libro , quam in hoc volumine reperiatur , adquiescam in omnibus . and in the year . pope honorius wrote unto honorius archbishop of canterbury in these words , viz. tuae jurisdictioni subjici praecipimus omnes angliae ecclesias & regiones , & ut in civitate dorobernia metropolitanus locus & honor archiepiscopatus , & caput omnium ecclesiarum anglorum semper in posterum servetur . that the archiepiscopal seat at york is likewise of very great antiquity , is evident by what is forementioned touching paulinus archbishop thereof above one thousand years since : our learned antiquary tells us , ex patriis scriptoribus , that york was adorned with an episcopal seat by constantius ; but if so , or if that be the truth which is recorded of paulinus aforesaid , how then could faganus , sent hither by pope eleut herius to king lucius , to plant the christian religion , be ( as reported ) the first archbishop thereof l or how could king lucius place there one theodosius , which yet is also affirmed m ? or how could sampson under the same king be bishop of york ? as appears by godwin , who yet suspects it , in regard that at the first entertainment of christianity among us , nor hebrew , nor greek names of the new testament were so rise among the britains ; and indeed this sampson is more generally reserved to some ages after , till king arthurs time . thus the original of things ( as aforesaid ) seems full of obscurity and uncertainty ; yet it is most probable , that the first bishop of york was not till constantines days ; and we shall find this bishop at arles , in the council there held about the year . whither ( as himself writes in his epistle to chrestus bishop of syracuse ) n he summoned ( to hear the cause of the donatists ) many bishops from divers places . in the last edition of this council , published by jacobus sirmondus at paris , among other subscriptions thereunto , you have out of britain these following , viz. eborius episcopus , de civitate eboracensi , provincia britannia . restitutus episcopus , de civitate londinensi , provincia superscripta . adelphus episcopus , de civitate colonia londinensium , exinde sacerdos presbyter , arminius diaconus . from which council at arles it may be observed , ( ) that york was no archbishoprick at that time , as neithet indeed was rome it self . ( ) that eborius bishop of york at this council takes place of restitutus bishop of london , where ( as some suppose ) the primacy alwaies remained , till translated to canterbury . whether constantine the great ( who is supposed ) to have adorned york with an episcopal seat , as aforesaid ) were born there , and not elsewhere , as some conceive , is not easily , at least not expresly proved out of the ancients , says a learned antiquary of late times ; yet ( says he ) that authority seems to be drawn from them , which the embassadours of england made use of , and that in the hearing of the learned world then , both at the council of constance , an. . as also at that of basil , an. . at the council of constance , there being a contest about precedency between the english and french embassadours , the english have these words , viz. domus regalis angliae sanctam helenam , cum suo filio constantino magno imperatore , nato in urbe regia eboracensi , educere comperta est : the royal house of england , it is known for certain , brought forth helena , with her son constantine the great , emperour , born in the royal city eboracum . likewise , the english at basil opposing the precedency of castile , say thus , viz. constantium illum magnum , qui primus imperator christianus ( so are their words ) licentiam dedit per universum orbem ecclesias constituere , immensa ad hoc conferens bona , peternae natum in eboracensi civitate : that constantine , who being the first christian emperour , gave leave to build churches throughout the world , was born at peterne in the city of york . by this they mean bederne , a colledge of vicars there , sometime serving the quire , which ( as also christchurch ) called in ancient charters ecclesia sanctae trinitatis in curia regis , is verily thought to have been part of the imperial palace in old time ; which seems the more probable by what herodian writes , viz. that severus the emperour , and his eldest son antoninus , sate at york about private and common affairs , and gave their judgment in ordinary causes o , as in that of coecilia about recovery of right of possession ; the rescript or law of which matter is to this day preserved in the code p , whereon the learned cuiacius of great britain hath made very remarkable observations q . this was that septimius severus , emperour of rome , and master of the world , who in this isle breathed his last , and who , when he saw there was nothing to be expected but death , called for the vrn wherein he had appointed his ashes ( after the ossilegium r should be put , and viewing it very exactly , thou shalt hold ( said he ) the man whom the world could not contain s . no wonder then , that this city of so great renown and antiquity , was adorned with an archiepiscopal seat above a thousand years since , as aforesaid ; yet it never had those high priviledges or pterogatives which were , and are peculiar to the archiepiscopal see of canterbury , whereof the power ( next under the crown ) of convening councils and synods is not the least . gervasius in his chronicle de tempore h. . tells us , that richardus cantuariensis archiepiscopus totius angliae primas & apostolicae sedis legatus , convocato clero angliae , celebravit concilium in ecclesia beati petri ad westmonasterium . kal. junii dominica ante ascentionem domini an. . in hoc concilio ad dextram primatis sedit episcopus londoniensis , quia inter episcopos cantuariensis ecclesiae suffraganeos deconatvs praeminet dignitate : ad sinistram sedit episcopus wintoniensis , quia cantoris officio praecellit . the church when disdiocesan'd by death , translation or otherwise , or quasi viduata whilst the bishop is employed about transmarine negotiations in the service of the king or kingdom , the law takes care to provide it a guardian quoad jurisdictionem spiritualem , during such vacancy of the see or remote absence of the bishop , to whom presentations may be made , and by whom institutions , admissions , &c. may be given ; and this is that ecclesiastical officer , whether he be the archbishop , or his vicar general , or deans and chapters , in whomsoever the office resides , him we commonly call the guardian of the spiritualties . the power and jurisdiction of this office in the church is very ancient , and was in use before the time of king edward the first ; it doth cease and determine so soon as a new bishop is consecrated to that see that was vacant , or otherwise translated , who needs no new consecration . this ecclesiastical office is in being immediately upon the vacancy of an archiepiscopal see , as well as when a bishoprick happens to be vacant . beside the presentations , admissions , institutions , &c. aforesaid , that this officer is legally qualified for , he may also by force of the act of parliament made in the five and twentieth year of king henry the eighth , grant licenses , dispensations , faculties , &c. which together with such instruments , rescripts , and other writings as may be granted by virtue of the said statute , may be had , made , done , and granted under the name and seal of the guardian of the spiritualties : and in case he shall refuse to give the same an effectual dispatch , where by law it may and ought to be granted , in every such case the lord chancellor of england , or lord keeper of the great seal , upon petition and complaint thereof to him made , may issue his majesties writ directed to such guardian of the spiritualties , requiring him by virtue of the said writ , under a certain penalty therein limited by the said lord chancellor or lord keeper , to grant the same in due form of law ; otherwise ( and no just and reasonable cause shewed for such refusal ) the said penalty may be incurr'd to his majesty , and a commission under the great seal issued to two such prelates or spiritual persons as shall be nominated by his majesty , impowring them by virtue of the said act to grant such licenses , &c. as were so refused to be granted by the guardian , &c. as aforesaid . the first thing in order to the election of a bishop , in the vacancy of any episcopal see , is ( and ever hath been since the time of king john ) the royal congé d'eslire , which being obtain'd , the dean and chapter proceeds to election . it cannot legally be doubted , but that the consent of the dean is not only requisite , but also necessary to the election of a bishop , as appears by an ancient contest above five hundred years since , between the dean and canons of london touching the election of anselme . soon after king stephen came to the crown , he conven'd a council at westminster , vocati sunt ad concilium ( says an historian ) willielmvs decanvs lvndoniae , siuml & canonici . cum autem haberetur tractatus de concilio lundoniensis ecclesiae tunc vacantis , nec in aliquem possent unanimiter convenire , recesserunt à decano canoni corum multi , citra conscientiam ejus anselmum abbatem in episcopum eligentes . canonici vero , quos decanus habebat secum in mensa diebus singulis , appellaverunt , nec regis occurrerunt offensam . canonici quidem alii , quia quod fecerant , tam regi quam toto concilio videbatur iniquum , regis indignationem plurimam meruerunt , quorum aliqui bonis suis spoliati sunt . the pope afterwards having on this occasion a solemn conference with his cardinals , albericus hostiensis episcopus , quod sequitur pronunciavit in publicum , quoniam electio canonicorum lundoniensium citra conscientiam & assensum decani facta fuit , cujus est officium in eligendo pastore suo de jure primam vocem habere , nos eam auctoritate beati petri devocamus in irritum . so that according to this ancient president , the election of a bishop may not be without the consent of the dean ; yet this we find upon record nigh as ancient as the former ; that where at present there was no dean , there the election of the bishop hath been by the canons alone , canonici saresbirienses decanum non habentes ad praesens , à rege prius impetrata licentia , fratrem suum & concanonicum herebertum cantuariensem archidiaconum , assensu communi solemniter in episcopum elegerunt . electionem factam in publico recitavit walterus praecentor : electioni factae praebuit rex assensum , quam & hubertus cantuariensis archiepiscopus auctoritate propria confirmavit , &c. consonant to which method is the act of parliament made in the . of h. . whereby it is enacted , that on the vacancy of every bishoprick , his majesty should issue out his writ of congé d'eslire to the dean and chapter of the church so vacant , enabling them to proceed to election of another bishop ; which election being returned by the said dean and chapter , and ratified by the royal assent , his majesty should issue out his writ to the metropolitan to proceed to the confirmation of the party elected , and taking to himself two other bishops at least , to proceed to consecration , in case he had not before been consecrated bishop of some other church . the place of consecration of bishops was anciently at canterbury , as the mother-church not only of that province , but of all england ; for when in the time of r. . an. . a bishop of worcester elect was to be consecrated , and westminster the place design'd for that solemnity according to the popes command , it was opposed by the prior and covent of christ-church in canterbury , and at a time when the archbishop thereof ( whose presence could not but have strengthned that opposition ) was absent ; yet the said prior insisting on the priviledges and customes of the church of canterbury , opposed the said place of consecration , as appears by his letter to the bishop of ely , the popes legate , and other bishops of that province , in haec verba , reverendis in christo dominis & fratribus w. dei gratia heliensi episcopo apostolicae sedis legato , domini regis cancellario , caeterisque episcopis cantuariensis ecclesiae suffraganeis , o. prior & conventus ecclesiae christi cantuariae salutem ab auctore salutis . noverit sanctitas vestra , nos ad sedem apostolicam appellasse , ne wigorniensis electus alias quam in ecclesia cantuariensi , sicut moris est , consecretur , & ne quis vestrum , qui indemnitati ecclesiae cantuariensis vinculo professionis providere tenemini , alias quam in eadem ecclesi● ejus consecationi interesse praesumat . and at a synod held at westminster under p. honorius . in the reign of h. . an. . it was ordained , that at the consecration of bishops nothing should by way of offerings be exacted or by force required . statuimus & apostolica authoritate decernimus , ut in consecrationibus episcoporum , &c. nil omnino per violentiam , nisi sponte oblatum fuerit , penitus exigatur . simeon . dunelm . hist . de gest . reg. angl. the like you have decreed at another synod held also at westminster under p. innocent . . in king stephens reign , an. . apostolica authoritate sancimus , ut in consecrationibus episcoporum ne quicquam ab episcopo vel ministris ejus exigatur . hist . richard. prioris hagustald . de gest . reg. steph. in the year . which was in the reign of h. . at the council of three hundred bishops conven'd at rome , p. calixtus . being president , it was decreed , that no bishop should be consecrated , unless he were first canonically elected . nullus in episcopum nisi canonice electum consecret , quod etsi praesumptum fuerit , & consecratus & consecrator absque recuperationis spe deponatur . dict . sim. dunelm . hist . as that canon was not in being , so the matter thereby ordained , in all probability was far from being observed , when plegmundus archbishop of canterbury , whom p. formosus honoured with the pall , consecrated no less than seven bishops in one day , in the two and twentieth year of king alured . chron. johan . bromton , abbatis jornalensis . when a bishop is consecrated , then may he consecrate , viz. churches , &c. and may ordain deacons , &c. but it was long since provided by the council of lateran , under p. alexander , that the bishop should not confer holy orders on any that were not then , or speedily to be provided with an ecclesiastical living , episcopus , si aliquem sine certo titulo , de quo necessaria vitae percipiat , in diaconum vel presbyterum ordinaverit , tam diu ei necessaria subministret , donec ei in aliqua ecclesia convenientia stipendia militiae clericalis assignet , nisi talis forte , qui ordinatur , extiterit , qui de sua vel paterna haereditate subsidium vitae possit habere . can. . and as touching the bishops consecrating of churches , it being vulgarly supposed that there is a considerable piece of superstition therein , it cannot but be seasonable here to enquire whether so or no , or whether the consecration of churches be not truly primitive , according to the judgment of the learned dr. heylin . to which purpose you have here his very words , viz. the place of publick worship is called generally ( according to the style of the ancient fathers ) by the name of the church : for consecrating or setting apart whereof to religious uses , i find ( says he ) so great authority in the primitive times , as will sufficiently free it from the guilt of popery : witness the testimony which pope pius gives of his sister eutorepia in an epistle to justus viennensis , an. . or thereabouts , for setting apart her own house for the use and service of the church : witness the testimony which metaphrastes gives of felix the first , touching his consecrating of the house of cicilia , about the year . and that which damasus gives unto marcellinus , who succeeded felix , for consecrating the house of lucinia for religions uses : witness the famous consecration of the temple of the holy martyrs in jerusalem , founded by constantine the great , at which almost all the bishops in the eastern parts were summoned and called together by the emperours writ : and finally ( not to descend to the following times ) witness the th sermon of st. ambrose , entituled de dedicatione basilicae , preached at the dedication of a church built by vitalianus and maianus , and the invitation of paulinus , another bishop of that age , made by sulpitius severus his especial friend , ad basilicam quae prorexerat , in nomine domini consummabitur , dedicandum , to be present at the dedication of a church of his foundation . heyl. cyprian . angl. p. . the decree of faith made by the council of trent , was attended with no less than eight anathematisms ; the first whereof was against him that shall say , that there is no visible priesthood in the new testament , nor any power to consecrate , &c. for in the beginning of that decree it is affirmed , that there is a visible and external priesthood , in which power is given , by divine institution , to consecrate the eucharist , &c. in which decree the synod doth also condemn those who say all christians are priests , or have equal spiritual power , which is nothing but to confound the ecclesiastical hierarchy , which is in an order , as an army of souldiers ; to which hierarchical order do belong especially bishops , who are superiour to priests . therefore one of the said anathematisms did reach those who say , that there is not an hierarchy instituted in the catholick church , by divine ordination , consisting of bishops , priests , and ministers . the historian of the aforesaid council of trent tells us , that the sixth of the said eight anathematisms was much noted in germany , in which an article of faith was made of hierarchy ; which word and signification thereof ( says he ) is alien , not to say contrary to the holy scriptures ; and though it was somewhat anciently invented , yet the author is not known ; and in case he were , yet ( says he ) he is an hyperbolical writer , not imitated in the use of that word by any of the ancients : and following the style of the primitive church , it ought ( says he ) to be named not hierarchy , but hierodiaconia , or hierodoulia . but thomas passius , a canon of valentia , said in that council , that all doubt made of the ecclesiastical hierarchy , did proceed from gross ignorance of antiquity ; it being a thing notorious , that in the church the people have alway been governed by the clergy , and in the clergy the inferiours by the superiours , until all be reduced unto one universal rector , which is the pope of rome ; and that it was plain that the hierarchy consisteth in the ecclesiastical orders , which is nothing but an holy order of superiours and inferiours . but francis forrier , a dominican of portugal , at the same time said , that hierarchy consisteth in jurisdiction , and the council of nice placeth it in that , when it speaketh of the bishop of rome , alexandria , and antioch , and therefore the handling of hierarchy not to be joyned with that of order . others were of a third opinion , viz. that hierarchy was a mixture of both , viz. of order and jurisdiction also . thus was that learned council divided in this high point of hierarchy , that though they all agreed the thing , yet they could not agree wherein to fix it , whether in order , or in jurisdiction , or in both . notwithstanding it is generally agreed , that the hierarchy of the catholick church is proved by the testimony of all antiquity , and by the continual use of the church , and that it consisteth of prelates and ministers , who are ordained by bishops , in whom resides the power of consecration , which may be a sufficient warrant for this digression . which consecration , as it refers to persons , is done per impositionem manuum , except as to virgins ; for they also by the pontifical law are consecrable creatures , though they be foolish virgins , yea , though they be polluted virgins , provided it be not per spontaneam & voluntariam pollutionem , and there be but putativa virginitas in the case ; and shall have not only laureolam virginitatis , but also velum consecrationis , as they call it . cajetan . in sum. v. virgin. consecrat . & less . de just. & jur. lib. . c. . dub. . & alii dd. but where the consecration refers to things , as churches , chappels , bells , and other things of the like sound , there it is done per preces together with other consecration-ceremonies , the episcopal order therein concurring : so likewise the consecration of virgins is per preces , together with other ceremonies used in the consecration of virgins , cujus signum est , quod in pontificali romano , ubi de hac consecratione agitur , non dicatur roganda de aliqua contaminatione , sed de vita , conscientia , & carnis integritate , ut notat cajetanus . less . ubi sup . that which is next in view , is some prospect of deans and chapters ; there were it seems in former times certain deans , who usurped an authority beyond their dignity or function , and took upon them to exercise episcopal jurisdiction . these were condemn'd in a council at lateran under pope alexander , by the fifth canon of , that council in these words , viz. quoniam , quidam in quibusdam partibus sub pretio statuuntur , qui decani vocantur , & pro certa pecuniae quantitate episcopalem jurisdictionem exercent , praesenti decreto statuimus , ut qui de caetero id praesumpserit , officio suo privetur , & episcopus conferendi hoc officium potestatem amittat . chron. gervas . de temp. h. . anciently likewise there were certain deans , which were called decani christianitatis ; one of which kind appears in an ancient record nigh four hundred years since , relating to the priviledges of the priory of st. austins , wherein the words to this present purpose sic se habent , viz. super privilegiis innocentii papae . hic superius ad mandatum conservatorum , ut praetactum est , publicatis , thomas prior ecclesiae christi cant. guydo prior s. gregorii , & thomas decanus christianitatis , ejusdem civitatis eadem privilegia inspexisse ad certitudinem futurorum testati sunt . chron w. thorn. de temp. ed. . an. . heretofore also priors have been called deans ; so we find ceolnothus or chelnothus ( in the time of king ethelred and his brother alured ) dean of canterbury to have been called , postea ceolnothus cantuariensis ecclesiae decanus , &c. ubi cum decanus esset , quem nos priorem vocamus , non modicum videre solebat conventum . and again , egelnothum , alias ceolnothum , ejusdem ecclesiae christi decanum , vel praepositum suum decanum vocabant , quem nos post adventum lanfranci priorem appellamus . gervas . act. pontif. cant. and where we meet with the word decania , as in the history of ranulphus bishop of durham in the conquerors time , written by simeon the monk , deconatus is thereby intended , it being the ecclesiastical dignity of him , qui , in majori ecclesia , denis ad minus canonicis sive praebendariis ( ut vocant ) sub episcopo praeest ; but the decanvs christianitatis aforesaid , so called per antiquiores anglos , is secundum recentiores decanvs rvralis , quem exteri archipresbytervm vicanvm vocant . de quo & de vrbano vid. duaren . de sacr. eccl. minist . & benef . lib. . cap. . a probable conjecture why anciently he might be called decanus christianitatis , we may ( ut mihi videtur ) have from mr. selden , in notis ad eadmerum , pag. . christianitas ( says he ) & ea quae ad christianitatem pertinent , passim apud eadmerum atque alios illius aevi scriptores , functionem episcopalem , atque fori sacri actionem & administrationem , seu officium episcopale , ut usitatius appellatur , denotant . — hinc apud nos , fora sacra , quibus , jure nempe communi subnixis , aut episcopi praesunt , aut ii qui eo nomine episcopos , utpote quos provocare licet , suscipiunt , curiae christianitatis etiamnum vocitantur . glossar . hist . angl. antiq. ver . christianitas . — vid. plura in vrbis cantuar. antiq. pag. , . ubi de decano christianitatis . but the deans here specially meant and intended , are only such as with the chapters , according to the ancient and genuine use thereof , are as senatus episcopi to assist the bishop in his jurisdiction , cathedral churches being the first monuments of christianity in england . so dr. hacket in parliament , . the office and ecclesiastical dignity of archdeacons , which you next meet with in this abridgment , is of very great antiquity . there was a sharp contest above five hundred years since , in the time of king h. . between the archdeacons and the priors of winchester and ely , touching the presentation of their bishops elect unto the metropolitan in order to their consecration , wherein by the interlocutory of the said metropolitan the priors had the victory . hora congrua consecrationis instante r. wintoniensis & r. elyensis archidiaconi , cum officiales episcoporum dicantur , ad suum spectare contendebant officium electiones , &c. praesentare metropolitano : w. wintoniensis & s. elyensis priores in contrarium sentiebant : quam enim in ecclesiis cathedralibus , ubi canonici divinis mancipantur obsequiis , decani sibi vindicant dignitatem : hanc si monachorum conventus in episcopali sede praemineat , sibi jure possunt vendicare priores . sed ut omnis in posterum amputetur occasio litigandi , de interlocutoria metropolitani sententia , &c. wintoniensis & elyensis electi● , ad priorum suorum praesentationem recepti , ad priorum suorum postulationem episcopi consecrati sunt . — radulph . de diceto imag. hist. by the th canon of the council of lateran under pope alexander it was ordained , that an archdeacon in his visitation should not exceed the numqer of five or seven horsemen for his retinue . chron. gervas . de temp. h. . and as to the visitation-articles , every bishop and archdeacon heretofore framed a model thereof for themselves ; but at the convocation in the year . a body thereof was composed for the publick use of all such as exercised ecclesiastical jurisdiction . and by the foresaid canon of the council of lateran , it was further ordained , that no archdeacon in his visitation should presume to exact from the clergy more than was justly due , archidiaconi autem sive decani nullas exactiones in presbyteros seu clericos exercere praesumant . notwithstanding what toleration the law allows as to archbishops , bishops , archdeacons , &c. as to the number of their retinue in their visitations ; yet therein respect is ever to be had to the condition of the churches , persons , and places visited , as may plainly appear by the express words of the canon aforesaid , viz. sane quod de numero evectionis secundum tolerantiam dictum est , in illis locis poterit observari , in quibus ampliores sunt redditus & ecclesiasticae facultates . in pauperibus autem locis tantam volumus teneri mensuram , ut ex acc●ssu majorum minores non debeant gravari , ne sub tali indulgentia illi qui paucioribus equis uti solebant hactenus , plurium sibi credant potestatem indultam . so that no archdeacon or other having right of visitation , ought by what the law allows them in that case , to exercise their power in this matter , beyond what the condition of the place visited will reasonably admit . in all visitations of parochial churches , made by bishops and archdeacons , the law hath provided that the charge thereof should be answered by the procurations then due and payable by the inferiour clergy , wherein custome as to the quantum shall prevail ; but the undue demands and supernumerary attendants of visitors have anciently as well as in later times , given the occasion of frequent contests and complaints : for prevention whereof it was ordained by the th canon of the council of lateran under pope alexander , circa an. . in haec verba , viz. cum quidam fratrum & coepiscoporum nostrorum ita graves in procurationibus subditis suis existunt , ut pro hujusmodi causa interdum ipsa ecclesiastica ornamenta subditi compellantur exponere , & longi temporis victum brevis hora consumat . quocirca statuimus , quod archiepiscopi parochias visitantes , pro diversitate provinciarum & facultatibus ecclesiarum vel evectionis numerum , episcopi vel , cardinales vero vel nequaquam excedunt . archidiaconi vero quinque aut septem , decani constituti sub episcopis , duobus equis contenti existant . prohibemus etiam , ne subditos suos talliis & exactionibus episcopi gravare praesumant . archidiaconi autem , sive decani nullas exactiones , vel tallias in presbyteros , seu clericos exercere praesumant . vid. chron. gervas . de temp. h. . col . . can . . whereby it is evident , that these procurations ought to be so moderated by the bishops , as that they may not become a burthen or grievance to the clergy . the lawfulness of these episcopal and archidiaconal rights of procurations are not to be called into question at this day ; for in all the establishments and ordinations of vicarages upon the ancient appropriations of churches , you shall find these procurations excepted , and reserved in statu quo : as appears by these of feversham and middleton , when by william the conqueror they were appropriated to the abbey of st. austins ; as also by these of wivelsberg , stone , and brocland in kent , when they were appropriated to the same abbey by the charter of king ed. . and in that of the parish of stone aforesaid , pentecostals by name are reserved , in these words , nihilominus solvet procurationem debitam archidiacono cantuariensi visitanti , & expensas pro pentecostalibus faciendis . — vid. chron. w. thorne , appropria . eccles . col . . hist . angl. what procurations the archbishop of messena , who arrived in england as the popes legate in the year . exacted and extorted from the bishops and abbots with great violence in the reign of king ▪ h. . you may find in matthew paris . but by the fourth canon of the council at rome under pope alex. . an. . it was ordained , that bishops and archbishops in their visitations should not overcharge the church of their bounds , with unnecessary charges and expences , specially the churches that are poor . no sooner had princes in ancient times assign'd and limited certain matters and causes controversal to the cognizance of bishops , and to that end dignified the episcopal order with an ecclesiastical jurisdiction ; but the multiplicity and emergency of such affairs requir'd , for the dispatch and management thereof , the assistance of such subordinate ordinaries , as being experienc'd in the laws adapted to the nature of such causes , might prove a sufficient expedient to prevent the avocation of bishops , by reason of such litigious interpositions , from the discharge of the more weighty concerns of that sacred function . hence it is supposed , that the ecclesiastical office of diocesan chancellors , commissaries , and officials originally came into use and practice , the place of their session anciently styled the bishops consistory . among the many learned ecclesiedicts , who have supplied that ecclesiastical place , william lindwood ( who finished his industrious and useful work of the provincial constitutions about the year . in the time of k. henry the sixth ) seems to be of the highest renown ; his education was in the university of cambridge , first scholar of gonvil , then fellow of pembrook-hall ; his younger years he employed in the study of the imperial and canon laws ; afterwards became keeper of the privy seal unto king henry the fifth , by whom he was honoured with an embassie to the crowns of spain and portugal . after the kings death he reassum'd his officials place of canterbury , and then collected the constitutions of the fourteen later archbishops of canterbury , from stephen langton unto henry chichley , unto whom he dedicated that highly to be esteemed work , his gloss thereon , being in it self as a canonical magazine , or the key which opens the magazine of the whole canon law. it was printed at paris , an. . at the cost and charges of william bretton merchant of london , revised by the care of wolfangus hippolitus , and prefaced unto by jodocus badius . this famous lindwood was afterwards made bishop of st. davids . by the grant of william the conqueror the bishops originally had an entire jurisdiction to judge all causes relating to religion , for before that time the sheriff and bishop kept their court together . he granted also to the clergy tithes of calves , colts , lambs , woods , mills , &c. so that before the conquest there were no such courts in england as we now call courts ecclesiastical or spiritual , for anciently the bishops sate in judgment together with the secular judges and sheriffs on the same tribunal , specially about easter and michalmass ; which appears by mr. selden in his notes on eadmerus , pag. . as also by the laws of king aethelstane , debent episcopi cum seculi judicibus interesse judiciis , ne permittant si possint , ut illinc aliqua pravitatum germina pullulaverint ; & sacerdotibus pertinet in sua diocoesi , ut ad rectum sedulo quemcunque juvent , nec patiantur si possint , ut christianus aliquis alii noceat , &c. chron. jo. bromton . de leg. aethelst . reg. and in the preamble to the laws of that king you will find these words , viz. debet etiam episcopus sedulo pacem & concordiam operari cum seculi judicibus . yea , long after the conquest , in the reign of h. . an. . by his laws made at clarendon the bishops might interest themselves with the kings secular judges , where the matter in judgment extended not to diminution of members , or were capital . an. . congregati sunt praesules & proceres anglicani regni apud clarendoniam . rex igitur henricus , &c. then it follows in lege undecima , viz. archiepiscopi & episcopi , &c. sicut barones caeteri debent interesse judiciis curiae regis cum baronibus , usque perveniatur in judicio ad diminutionem membrorum , vel ad mortem . notwithstanding , at the same time the bishops ecclesiastical courts , as also the archdeacons courts , were established in this kingdom , and further ratified and confirmed by these very laws of king h. . made at clarendon , as appears by the tenth law , and that immediately foregoing the premisses , in haec verba , viz. qui de civitate , vel castello , vel burgo , vel dominico manerio domini regis fuerit , si ab archidiacono vel episcopo de aliquo delicto citatus fuerit , unde debeat eis respondere , & ad citationes eorum noluerit satisfacere , bene licet eum sub interdicto ponere , sed non debet , &c. & exinde poterit episcopus ipsum accusatum ecclesiastica justitia coercere . chron. gervas . de temp. h. . in those daies there was no occasion for that just complaint , which a learned pen ( as a modern author observes ) makes , viz. that courts which should distribute peace , do themselves practice duells , whilst it is counted the part of a resolute judge to enlarge the priviledge of his court. lord bacon in his advanc . of learn . p. . aphor. . — it was with more moderation expressed by him who said , it was sad , when courts that are judges , become plaintiffs and defendants touching the bounds of their jurisdiction . in the first parliament of king edward the sixth's reign it was enacted , that all process out of the ecclesiastical courts should from thenceforth be issued in the kings name only , and under the kings seal of arms contrary to the usage of former times . but this statute being repealed by queen mary , and not revived by queen elizabeth , the bishops and their chancellors , commissaries , and officials , have ever since exercised all manner of ecclesiastical jurisdiction in their own names , and under the distinct seals of their several offices respectively . also by the statute of h. . c. . it being enacted , that all former canons and constitutions , not contrary to the word of god , the kings prerogative , or the laws and statutes of this realm , should remain in force , until they were review'd by thirty two commissioners , to be appointed by the king , and that review being never made in that kings time , nor any thing done therein by king ed. . ( though he had also an act of parliament to the same effect ) the said ancient canons and constitutions remain'd in force as before they were ; whereby all causes testamentary , matrimonial , tithes , incontinency , notorious crimes of publick scandal , wilful absence from divine service , irreverence , and other misdemeanours in or relating to the church , &c. not punishable by the temporal laws of this realm , were still reserved unto the ecclesiastical courts , as a standing rule whereby they were to proceed and regulate the exercise of their jurisdiction . vid. heyl. ubi supr . p. , . touching the ecclesiastical jurisdiction , and what matters and causes should be cognizable in the ecclesiastical courts of normandy in the reign of king richard the first , upon occasion of a contest inter ecclesiam rothomagensem & willielmum filium radulfi , steward of normandy , it was nigh five hundred years since finally accorded , published , & ( inter alia ) declared by all the clergy , that all perjuries and breach of faith ( except in case of national leagues , ) all controversies relating to dowries and donations propter nuptias ( quoad mobilia ) should be heard and determined in the ecclesiastical court ; it was then also so many hundred years since further resolved in haec verba , viz. quod distributio eorum quae in testamento relinquuntur , auctoritate ecclesiae fiet , nec decima pars ( ut olim ) subtrahetur : it was likewise at the same time and so long since further resolved , that si quis subitanea morte , vel quolibet alio fortuito casu praeoccupatus fuerit , ut de rebus suis disponere non possit , distributio bonorum ejus ecclesiastica auctoritate fiet . — radulph . de diceto . hist . de temp. rich. . regis . of all the churches in great britain , that of saint pauls london is of the largest structure , if not of the highest antiquity : some will have it in ancient times to have been the temple of diana , but the ingenious commentator on antoninus's itinerary , though he will admit that diana was indeed worshipped here in the roman times , and had temples here also , yet he will not agree it other than a tradition to assert , that st. pauls church was formerly a temple of diana ; and is free to conjecture , that mr. selden did but sport his wit , and was not in good earnest , when he imagined that london might be called first lhan dien , that is , the temple of diana a . the same may be said concerning the temple of apollo , on the ruines of which , the report is , st. peters in westminster was founded b . the antiquary will also have it , that at york was bellona's temple ; and minerva's temple at bath , and that from her the town was called caer palladour , that is , the city of palladian waters c . they that will have the church of rome to be caput ecclesiarum , do ascribe it to pope boniface , that he obtain'd it of the emperour focas , because the church of constantinople writ her self primam omnium ecclesiarum : this was so decreed in the year . by a council of bishops sub anathemata d . at a synod held at westminster under pope innocent . in the third year of king stephen an. d. . it was decreed , that no church should be built without leave first obtained from the bishop of the diocess , apostolica authoritate prohibemus , ne quis absque licentia episcopi sui ecclesiam vel oratorium constituat e . by the fifth law of ina king of the west saxons the church is made a sanctuary , si quis sit mortis reus , & ad ecclesiam fugiat , vitam habeat , & emendet sicut rectum consulet f . at a synod held at westminster in the reign of h. . an. . it was ordained then no judgments touching blood or corporal punishment should be given in a church or churchyard ; by the sixth canon made at that synod , seculares causas , in quibus de sanguinis effusione , vel de poena corporali agitur , in ecclesiis , vel in coemiteriis agitari sub interminatione anathematis prohibemus g . by the fifth canon made at a synod held in london during the reign of edmond , father of edwin and edgar , who succeeded aethelstan , at which synod were present odo and wulstan archbishops , provision was for the repairing of churches , viz. vt omnis episcopus reficiat dei domos in suo proprio , & regem ammoneat , ut omnes ecclesiae dei sint bene paratae h . the like you have in the law of king kanute , ad refectionem ecclesiae debet omnis populus secundum legem subvenire i . at a general council held at rhemes under pope calixtus , an. . during the reign of h. . it was ordained , that whoever invaded the possessions of the church should be anathematiz'd ; vniversas ecclesiarum possessiones , quae liberalitate regum , vel largitione principum concessae sunt , inconcussas in perpetuum , & inviolatas esse decernimus . quod si quis eas abstulerit , aut invaserit , anathemate perpetuo feriatur . and by the sixth law of ina aforesaid , if any man fought in the church , he should forfeit six pounds ; si quis in ecclesia pugnet , solid . emendet . and although it be now looked upon as exaction for a parson to demand his funeral dues of burial , where the deceased is carried out of his parish to be buried in another , so it was long since ordained by the laws of king kanute , leg . . si corpus aliquod à sua parochia deferatur in aliam , pecunia tamen sepulturae ejus jure in eam ecclesiam pertinebit . among other officers relating to the church , those of churchwardens , questmen , and sidemen are not to be omitted ; for although they may be some of the lower form , yet they are of necessary use , and such as without whose care many disorders in the church may pass unpunished , as well as the concerns thereof much prejudiced ; for which end and reason the law will have them to be a corporation , qualifies them to sue , subjects them to suits , and understands them in the nature of ecclesiastical trustees as guardians of the moveable possessions of the church : therefore the canons have determined , as to the qualification of the persons eligible , the manner of their choice , by whom , and the time when , their oath , office , duration , and account ; when and before whom it shall be made , and how they shall be finally discharged . by reason of the great desolation and ruine of many churches and parishes in the late unnatural war in this kingdom , and otherwise , it hath been judged necessary to pass an act of parliament for the uniting of certain churches in cities and towns corporate : notwithstanding which , the parishes to remain distinct as to all rates , taxes , parochial rights , charges and duties , and all other priviledges , liberties , and respects whatsoever ; wherein it is also enacted , that the patrons of such churches and chappels so united , shall present by turns only to that church , which shall remain and be presentative from time to time , &c. provided , that parishes having l. maintenance per an. may not be vnited . also the incumbents of such united parishes must be graduates in some vniversity . and the owners of impropriations may bestow and annex maintenance to the churches where they lie , and settle it in trust for the benefit of the said parsonage or vicarage , without any license of mortmain . it is there also further enacted , that if the settled maintenance of such parsonage , vicarage , churches , and chappels so united , &c. shall not amount to the full sum of l. per an. clear and above all charges and reprizes , that then it shall be lawful for the parson , vicar , and incumbent of the same , and his successors , to take , receive , and purchase to him and his successors , lands , tenements , rents , tithes , and other hereditaments , without any license of mortmain ; any law or statute to the contrary notwithstanding . the churches and parishes in london , which by that act since the dreadful fire are united , are these , viz. the parishes of alhallowes breadstreet and st. john evangelist are united into one parish , and the church of the former to be the parish-church of the parishes so united . the parishes of st. albans woodstreet , and st. olaves silverstreet are united into one parish , and the church of the former to be the parish church of the said parishes so united . the parishes of st. austins and st. faiths are united into one parish , and the church of the former to be the parish church of the said parishes so united . the like order to be observed in all the rest of the parish churches that are by that act united . touching dilapidations of ecclesiastical edifices and possessions , it may well be presumed , that the most of that kind that ever was in the christian world , was in the time of dioclesian's persecution ; which moved constantine , son of constantius chlorus , who began his reign in the year of our lord . to give command for the re-edifying and repairing the temples of the christians ; which was not only expeditely put in execution , but many new churches were also erected for the convention of the christians ; and idol-temples shut up until julian the apostate restored the heathenish idolatry . it hath ever belonged to the care and cognizance of the church , to make provision for the repair of the dilapidations of the church . thus jehoida made it his business to repair the dilapidations of the temple : but although controversies hence arising , and incident to this matter , are properly belonging to ecclesiastical cognizance , yet they are not only ecclesiastical persons that are hereunto obliged ; for although they alone are to prevent and repair , or make satisfaction for what part of the churches dowry themselves have suffered to be dilapidated , whilst in their own possession ; yet as to the church it self , and the incidents thereof , others as well as ecclesiasticks are obliged to the repairs thereof ; for the steeple with the body of the church , and all chappels lying in common thereunto , are to be repaired by the joynt cost of the parishioners : and such private chappels , as wherein particular persons claim a propriety of seat and sepulture , are to be repaired at their own charge ; but the chancel is to be kept in repair at the parsons cost : yet in all these respect is chiefly to be had to the custome of the place time out of mind , for that shall rule the premisses , and will go far to determine , whether the fences of the church-yard are to be made and repaired at the charge of the parson ( who may have the ground thereof as part of his glebe ) or at the charge of the parishioners , or of such persons whose land surrounds or abutts on the same . suarez saies , that for the better prevention of dilapidations , there was anciently a custome in some places , that some part of the tithes should not be paid to the clerk , or applied to the party beneficed , but should be reserved for the use of the fabrick of the church , to repair the same , and for the use of the poor ; and were not properly due to any particular clerk , ut in ejus dominium transferantur , but to the church ; not the material temple , but to the church , that is , the clergy for the use of the temple . the executors or administrators of a dilapidator stand charged in the ecclesiastical court to the succeeding incumbent to make good the repairs ; and if such dilapidator in his life-time shall make a deed of gift to defeat the successor of the effect of his suit , it is void , eliz. cap. . and the successor incumbent shall have like remedy in the ecclesiastical court against such donee or grantee , as he might have had against the dilapidators executor or administrator . also by eliz. cap. . it is provided , that all the moneys received for dilapidations , shall within two years be employed upon the buildings , for which they were paid , on pain of forfeit of so much to the king as shall not be so employed . when a church becomes litigious , and doubt arises touching the right of patronage or presentation , in that case the law hath provided an expedient for the ordinary , whereby his being a disturber , in case he collate or present , is prevented ; to which end and in such case the law directs him to award the jure patronatus ; wherein the practice with us at this day , answers to the pretence of all persons quorum interest , with more exactness and general satisfaction , than was anciently practicable according to the canons and constitutions of old , as appears by the defect ( in this matter ) of the seventeenth canon of the council at rome , an. . which is only to this effect , viz. if a question arise concerning presentations of divers persons to one church , or concerning the gift of patronage , if the foresaid question be not decided within the space of three months , the bishop shall place in the church the person whom himself conceives most worthy . the law takes notice of a twofold jus patronatus , the one civile , the other canonicum : the former is that which is introduced by the civil law , and refers to a lord or patron in respect of his bondman made free , and his goods : the other , and which only is here intended , is , that which is instituted by the church in shew of gratitude to him who either founded , built , or endowed some church ; for which reason the bishops granted them a certain right in such churches , which is commonly called jus patronatus , and that by the canon law understood as honorificum , vtile , & onerosum . honorificum , in regard of that obsequious respect due from the parish to the patron , specially in that the chiefest seat in his church is granted to him : onerosum , in that the patron may lawfully defend his church , and prevent the dilapidations both of the church , and of what she is endowed with according to the way and manner prescribed in cap. filiis . q. . it is also called jus vtile , because that if any time the patron or any descending from him shall happen to fall into decay , in such case the said church is more oblig'd to supply the necessities of him and his , than of any other poor . c. quaecunque cum sequent . for this reason also it is , and that others may be encouraged to the like acts of piety , the church ( as a mark of special grace and favour ) hath granted to such patrons the jus praesentandi , or a right to present fit persons to the benefice of such churches . this right or jus patronatus did not belong to patrons anciently or jure antiquo , as appears by the gloss in cap. piae mentis ; yet most certain it is , that this right of patronage was jus antiquissimum , as is evident by cap. quoniam . de jure patronat . and the lateran council calls it potestatem , in qua ecclesia huc usque patronos sustinuit . the present incumbents , parsons and vicars , of churches burnt in london by the late dreadful fire , and by act of parliament not to be rebuilt , are by the said act not deprived of the tithes , or other profits formerly belonging to their respective churches so long as they shall assist in serving the cure , and other offices belonging to their duty in the parish-church , whereunto their respective parishes shall be united and annexed by the said act , according to the direction of the ordinary , &c. saving to the kings majesty , his heirs and successors , the tenths and first-fruits of all such parish-churches as by force of the said act are united and consolidated , &c. yet so , as that the said parsons and vicars are by the said act indemnified from the payment of all first-fruits , tenths , and pensions due , and which shall be due unto his majesty , and from all dues to the ordinary and archdeacon , and all other dues whatsoever chargeable upon them respectively , until such time as they shall receive the profits arising from the same , as formerly . and no process to issue out of any court whatsoever , against the persons aforesaid , for their non-payment of first-fruits , tenths , pensions , or any other the dues aforesaid , &c. the said parsons are likewise by the said act indemnified for not reading the articles , or not doing other thing enjoyned by law , until such time as the said churches be re-edified , or made fit for publick worship . the said parsons and vicars are likewise impower'd to lett leases of their glebe-lands , with the consent of the patron and ordinary , for any term not exceeding years , and at such yearly rents , without fine , as can be obtain'd for the same : and that no lapses incurred upon any non-presentation in due time of any of the patrons of the said livings since the said fire , shall any waies prejudice , or make void the presentations that the said patrons have since made , whereupon any incumbent is since instituted and inducted , any law or statute to the contrary in any wise notwithstanding . by the third canon of that great assembly of bishops at rome , in the church of constantiniana , an. . in the twentieth year of pope alexander the third , it was ordained , that no man should be admitted to the office of a bishop under the age of thirty years ; nor that any should be admitted to be a deacon , or archdeacon , or to have the government of a parish until he were of the full age of five and twenty years . the next chapter speaks of vicars , vicarages , and benefices ; gervasius a monk of canterbury in his chronicle de tempore h. . ( under whom a synod was convened at westminster , an. . by richard then archbishop of canterbury ) acquaints us with an ancient canon made at that synod , whereby vicars are restrained from behaving themselves proudly against their parsons , a piece of spiritual insolence not grown quite out of practice to this day : it is the eleventh canon , the words are , illud etiam de vicariis , qui personis fide & juramento obligati sunt , duximus statuendum , quod si fide vel sacramenti religione contempta personatum sibi falso assumentes , contra personas se erexerint , si super hoc in jure vel confessi vel convicti fuerint , de caetero in eodem episcopatu ad officii sui executionem non admitta●tur . in all appropriations of churches there ever was , and ought to be , an establishment of sufficient maintenance for the vicar and his successors , pro sustentatione sua congrua , made by the bishop of the diocess , by and with the consent of such as to whom such churches are appropriated : and this , though for the most part consisting only of the minute tithes , yet hath the denomination of a benefice , or ecclesiastical benefice , as properly as any rectory or parsonage whatever ; for they are perpetual vicars , in whom the vicarage or benefice is as in fee , though not properly in demesne as in fee , as temporal inheritances are ; and therefore the word [ beneficium ] with the feudists and canonists is the same as feodum or feudum with our common lawyers ; yet sometimes it is opposed to that which we call allodium , or what a man hath in his own name , and in his own proper right and absolutely , for that which is here understood by beneficium , may be possess'd nomine alieno , & certis sub legibus ; which may not properly be said of allodium , that being properly what a man doth possess nomine proprio , & absolute : an instance of this you have in the grant made by king william rufus to anselme archbishop of canterbury ; praecepit rex , ut investiretur anselmus omnibus ad archiepiscopatum pertinentibus , atque ut civitas cantuariae , quam lanfrancus suo tempore in beneficio à rege tenebat , & abbatia sancti albani , quam non solum lanfrancus , sed & antecessores ejus habuisse noscuntur , in allodium ecclesiae christi cantuariensis pro redemptione animae suae perpetuo jure transirent . by the ninth canon of the lateran council under pope alexander , it is prohibited to grant or promise any ecclesiastical benefices before they are actually void ; the reason of which canon was , to prevent the desire of the death of the present incumbent , by him who by such promise or grant had an expectation to succeed him in the benefice . in the next place follows the chapter of advowsons , which the canon law calls jus patronatus , being a power or right of presenting one to be instituted to a vacant ecclesiastical benefice ; i say , vacant , because if the benefice be not then void , the presentation will be void in law ; the reason is , because were it otherwise , occasion might thereby be given the presented to desire or wish for the incumbents death . cap. nulla . de concess . praebend . and although , what we call advowson , the canon law calls jus patronatus ; yet every jus patronatus is not an advowson , according to the civil law ; for the jus patronatus hath a twofold acceptation in the law ; the one , that right which lords or patrons have on their bondmen made free by manumission , and so it is taken in ff . de jur . patron . but this is not to our present purpose : the other , that right of presentation to an ecclesiastical benefice , which belongs to patrons of benefices and churches , which in the law is likewise called jus advocationis , as appears by cap. quia clerici , de jur. patronat . and this is that advowson here intended . this right of advowsons or jus patronatus the law doth also distinguish into ecclesiastical and laical . touching the ecclesiastical vid. covarru . in qq . pract . c. . n● . . which is so called , not because an ecclesiastick doth enjoy or possess it ( for so he may also possess a laick patronage ; ) but because it belongs to one for that he hath founded , built , or endowed the church ex bonis ecclesiasticis , or by reason of some rectory of a church , or some ecclesiastical dignity : as when a benefice is erected with money gotten ex bonis ecclesiasticis ; in that case he hath jus patronatus ecclesiastici , or patronatum ecclesiasticum : and so it is , if one hath the advowson or right of presentation on , because he is a bishop , a dean , or the like ; this also is jus patronatus ecclesiastici , so the gloss , in clem. . de jur . patronat . & alii . the other kind of advowsons or jus patronatus laici is so called , for that it belongs to one , because he hath either founded , built , or endowed some church , or erected some benefice ex bonis patrimonialibus . lessius de justic . & jure , cap. . de benefic . dub. . in pursuance of that distinction it is , that the canon law determines in a different manner in respect of ecclesiastick and laick patronages , touching the time limited for presentation to a vacant benefice ; for ( according to that law ) if the patronage be laick , the patron is obliged to present within four months next after the church becomes void : but if the patronage be ecclesiastical , then within six . cap. unico , de jur patronat . in . concerning appropriations of churches , the first thereof since the conquest appears to be that of feversham and middleton in kent , an. . granted by william the conquerour to the abbey of st. austins in canterbury in manner following , viz. in nomine , &c. ego willielmus , &c. ex his quae omnipotens deus sua gratia mihi largiri est dignatus , quaedam concedo ecclesiae . s. augustini anglorum apostoli , &c. pro salute animae meae & parentum meorum , predecessorum , & successorum , haereditario jure ; haec sunt ecclesiae & decimae duarum mansionum , viz. feversham & middleton ex omnibus redditibus qui , &c. & omnibus ibidem appendentibus , terra , sylva , pratis , & aqua , &c. haec omnia ex integro concedo s. augustino , & abbati , & fratribus , ut habeant , & teneant , possideant in perpetuum ; which was afterward confirmed by pope alexander the third , and ratified by theobald archbishop of canterbury , together with an establishment and ordination of a vicarage by the said archiepiscopal authority in each of the said churches respectively . the like you have for the appropriating of three other churches to the same abbey , viz. of wyvelsberg , stone , and brocland in kent , by the charter of ed. . above three hundred years since , confirmed by pope clement's bull , and ratified by simon mepham then archbishop of canterbury , with his establishment of three perpetual vicarages to the said churches : which charter is to this effect , viz. nos de gratia nostra speciali , & pro c. libris , quas praefati abbas & conventus nobis solvent , &c. concessimus & licentiam dedimus pro nobis & haeredibus nostris , quantum in nobis est , ejusdem abbati & conventui , quod ipsi ecclesias praedictas appropriare , & eas sic appropriatas in proprios usus tenere possint sibi & successoribus suis in perpetuum ( nisi in hoc , quod nos tempore vacationis abbatiae praedictae , si contigerit ecclesias praedictas , vel aliquam earundem tunc vacare , nos jus praesentandi ad easdem amitteremus ) sine occasione , vel impedimento nostri , vel haeredum nostrorum quorumcunque . hujus data est sub an. do. . the modern church-historian of britain in his eleventh book , pag. . calls to remembrance , that about an. . there were certain feoffees , a whole dozen of them ( though not incorporated by the kings letters patents , or any act of parliament , yet ) legally ( he says ) settled in trust to purchase in impropriations , and that it was incredible ( how then possible to be believed ? ) what large sums were advanced in a short time towards that work : but then withal tells us somewhat that is credible , viz. that there are parochial churches in england , endowed with glebe and tithes ; but of these ( when the said feoffees entered on their work ) were either appropriated to bishops , cathedrals , and colledges , or impropriated ( as lay-fees ) to private persons , as formerly belonging to abbeys . the redeeming and restoring ( he does not mean to the abbeys ) was the design of these feoffees , as to those in the hands of private persons , but re infecta , the design proved abortive . a commendam or ecclesia commendata , so called in contradistinction to ecclesia titulata , is that church , which for the custodial charge and government thereof , is by a revocable collation concredited with some ecclesiastical person , in the nature of a trustee , vel tanquam fidei commissarius , and that for the most part only for some certain time , absque titulo ; for he that is titularly endowed , hath the possession of the church in his own name and in his own proper right during his life ; hence it is , that in the canon law a church collated in commendam , and a church bestowed in titulum , are ever opposed as contraries vid. hist . concil . trident. lib. . pag. . & duaren . de benefic . lib. . cap. . thus king edgar collated dunstan bishop of worcester to the bishoprick of london by way of commendam ; rex edgarus ( says radulph . de diceto in his abbreviat . chronicorum ) lundoniensem ecclesiam proprio pastore viduatam commisit regendam dunstano wigornensi episcopo . et sic dunstanus lundoniensem ecclesiam commendatam habuit , & non titulatam . dict . radulph . de an. . it is supposed that the first patent of a commendam retinere granted in england by the king to any bishop elect , was that which king henry the third by the advice of his council ( in imitation of the popes commendams then grown very common ) granted by his letters patents to wengham then chancellor of england notwithstanding his insufficiency in the knowledge of divinity , to hold and retain all his former ecclesiastical dignities and benefices , whereof the king was patron , together with his bishoprick ( he then succeeded fulco bishop of london ) for so long time as the pope should please to grant him a dispensation : whose dispensation alone would not bar the king to present to those dignities and benefices , being all void in law by making him a bishop . he had also the like patent of commendam retinere as to his benefices and ecclesiastical preferments in ireland . and this patent of such a commendam being made by the king , his lords and judges , is for that reason the more remarkable . vid. le hist. of the church of great britain , pag. . according to the proper and ancient account , commendams were originally introduced in favour and for advantage of the church which is commended , in favorem & utilitatem ecclesiae quae commendatur . imola in ca. nemo . de elect. in . says , that commendams are not to be nisi ex evidenti ecclesiae commendatae necessitate vel utilitate . the distinction of temporal and perpetual commendams in the canon law is of no great use with us ; indeed in the church of rome , according to the former mode of commendams , a vacant church is commended either by the authority of the pope , if it be a cathedral ; ca. penult . & ult . . q. . or by the authority of the bishop , if it be a church parochial . this is commonly temporal , or for six months , and is in utilitatem ecclesiae : the other commonly perpetual , and are magis in subventionem eorum , quibus commendantur , quam ipsarum ecclesiarum . and a commendatary for life , is the same in reality with the titular . these commendams in their original were instituted to a good purpose , but after used to an evil end : for when by reason of wars , pestilence , or the like , the election or provision could not be made so soon as otherwise it might , the superiour did recommend the vacant church to some honest and worthy person ; to govern it , besides the care of his own , until a rector were provided ; who then had nothing to do with the revenues , but to govern them and consign them to another . but in process of time these commendataries , under pretence of necessity , made use of the fruits , and to enjoy them the longer , sought means to hinder the provision : for remdy whereof , order was taken that the commenda should not continue longer than six months : but the popes by the plenitude of their power , did exceed these limits , and commended for a longer time , and at last for the life of the commendatary , giving him power to use the fruits . when any ecclesiastical benefices happen to be void , the law provides that they shall be seasonably supplied with meet incumbents , and will not by any means admit any long vacancy , and hath therefore set a competent time within which he that hath the original right of presentation in him , shall discharge his duty therein , or the lapse shall incurr to him or them to whom by law ab inferiori ad superiorem it gradually devolves . this matter of lapse ( in the intent and purpose thereof , though not by that denomination ) is very ancient : by the ninth canon of the council of lateran under pope alexander , it is provided , that cum praebendas , ecclesias , seu quaelibet officia in aliqua ecclesia vacare contigerit , vel si etiam modo vacant , non diu maneant in suspenso , sed in sex menses personis quae digne administrare valeant conferantur . si autem episcopus , ubi ad eum spectaverit , conferre distulerit , per capitulum ordinetur . quod si ad capitulum electio pertinuerit , & infra praescriptum terminum hoc non fecerit , episcopus exequatur . aut si forte omnes neglexerint , metropolitanus de ipsis absque illorum contradictione disponat . vid. chron. gervasii de temp. h. . and by the eighth canon or constitution of the council at rome in the year , under pope alexander the third , it was ordained , that no ecclesiastical office should be promised to any man before it became vacant by the decease of the possessor . for ( says the canon ) it is an unrighteous thing to put any man in expectation of another mans living , whereby he may wish his brothers death . and when any place shall happen to be vacant , let it be planted again within six months , or else he who hath the right of plantation shall lose it at that time , and the chapter , or metropolitan bishop shall have power to provide the vacant place . according to the canon law the lay-patron hath but four months to present to a benefice , but an ecclesiastical patron hath six . patronatus vero laicus intra quatuor menses praesentare potest , ecclesiasticus autem patronus intra sex menses . c. uno , de jure patron . in . but the pope is not limited to any time , so that he may collate to such ecclesiastical vacant benefice at what time he pleases . papae vero non est aliquod tempus praefixum , cum non habet superiorem , qui possit ejus negligentiam supplere . c. aliorum . q. . nisi in c. statutum , de praeb . in . although regularly all inferiour dignities ecclesiastical and benefices ought to be bestowed within six months of their vacancy , according to the rule of the canon law , c. cum nostris , c. dilectus , & c. postulastis . yet the greater dignities are by that law to be conferr'd within three months , majores vero dignitates , ut episcopales , debent intra tres menses tribui . c. ne pro defectu , de elect. c. postquam , . dist. although in strictness and propriety of speech , presentation referrs to the lay-patron , and collation to the bishop , yet in the canon law the words collation and collator are frequently used in a sense promiscuously relating to them both . therefore you have it in one place said , that praesentatio à fundatore fieri solet , episcopo , vel alteri collatori , & episcopus instituit praesentatum à patrono . rub. & per tot . tit . de instit . & c. quod autem , de jur . patron . in another place it is said , that praesentatio large dicitur collatio . rebuff . in prax. benefic . reg. de infirm . benefic . resignant , gloss . . nu . . post barba . in c. abbatem de rescript . col . pen. yea , and sometimes collation is generally taken also for institution ; per tex . in ca. uno . ut ecclesiast . benefic . sine diminut . conferant . although a lay-man doth found , build , or endow a church , yet the canon law allowes him not the priviledge of jus patronatus or jus praesentandi otherwise than ex gratia ; for the canonists do hold , that de rigore juris non potest laicus ecclesiastica tractare negotia . c. . de judic . only ( say they ) the popes to encourage them in the founding , building , or endowing of churches , have reserved that priviledge for them , and confirmed it by a law. — c. decernimus . q. . & per tot . tit . de jur . patronat . as the jus patronatus , so presentation also by the canon law is twofold , the one by an ecclesiastical patron , the other by a lay patron : this distinction is best known only to the canon law , and although it may be so in presentation , yet it is not properly applicable to collation . the ecclesiastical patron ( as aforesaid ) hath by that law six months , to be computed from the day of his having notice of the vacancy to present . c. unic . de jur . patronat . . do. de rota , decis . . tit . de sent. & re jud . decis . . & . tit . de filiis presb. decis . . by the ecclesiastical patron is meant or intended , that person who hath the jus patronatus in him ratione ecclesiae seu beneficii quod possidet . c. dilectus de offic. leg. c. cum dilectus , de jure patro. but the lay patron , who hath the jus patronatus ratione sui patrimonii , hath only four months ( as aforesaid ) ad praesentandum . d. c. uno . yet in his presentation he may variare , but that may not be more than semel tantum . c. quod autem , de jure patr. and this cumulative , non autem ut à primo recedere omnino possit . c. cum autem , ubi pan. ibid. so likewise as to collation , that also is twofold by the same law , viz. necessary and voluntary ( a distinction of little use with us ; ) necessary , which the collator is bound to make , as to one who hath a mandate from the superiour power for the same , c. tibi , & c. duobus . de resor . lib. . the voluntary collation , being that which is free in him who hath power to make the same . the canon positively requires , that examination shall ever precede ordination , admission , institution , and induction ; and although this be incumbent on the bishop or ordinary ( when it is in order to a benefice ) before the six months expire ; yet no obligation lies upon him to effect it , so soon as the party offers his submission to an examination , specially if at the same time the ordinary be circa curam pastoralem . this examination referrs to the due qualification of the person to be ordained or beneficed , as to his ability and conversation . after this examination and thereon the ordinaries approbation , the way is open for admission , if no other legal impediment appears to the ordinary ; yet the canon requires , that notwithstanding the bishops approbation upon the party's examination , he may not ordain him , unless he hath in esse or posse , a promise or a prospect of some ecclesiastical living , whereof to assume the cure , and whereon to receive subsistance , unless the ordinary will maintain him until he be so provided , in case he hath not of his own wherewith to subsist without such provision , for our law and practice both requires , that they should be incumbents , and not mendicants . by the fifth canon or constitution made by that great convention of no less than one hundred and eighty bishops at rome , under pope alexander the third , it was ordained , that if any bishop should admit any man to be a presbyter or a deacon , without the title of a place that may afford unto him things necessary for the maintenance of his life : let the bishop himself sustain him , until he provide a living for him , except he be able of his own patrimony to sustain himself . in the council of carthage it was ordained , quod nullus ordinetur clericus , nisi probatus , aut examine episcoporum , aut populari testimonio . cap. nullus . dist . and by the council of pope martinus it was decreed , that all such as were ordained presbyters or deacons without examination , were to be expell'd the clergy . c. si . . dist . the subject-matter whereon they are to be examined differs with us from that used in the church of rome chiefly in these three particulars , viz. quoad genus : quoad patriam : quoad fidem . vid. c. quando . . dist . there are several ancient canons which give this jus examinationis to archdeacons , c. adhaec , &c. ut nostrum , de offic. arch. c. si quis . dist . yet rebuffus tells us , that at this day in france they have lost that part of their office by a kind of desuetude or disuse thereof , it now wholly belonging to the episcopal order in that kingdom , as in this and most other churches of christendom . c. si servus , . dist . c. accepimus . de aetate & qualitate . vacatio beneficii , or the avoidance of an ecclesiastical benefice , which you meet with also in the ensuing abridgment , as it is opposed to plenarty , is the want of a lawful incumbent ; during which vacancy the law looks on the church quasi viduata , without her spiritual husband , and our common law on the possessions thereof as in abeiance . an avoidance in the causes thereof , as practicable with us , differs , much from that at the canon law , where there are thrice as many as are in use with us . rebuffus enumerates above thirty causes of such avoidances , but of such relation to the pontifical constitutions , that not above a third part of them takes place in this realm . it is quaestio juris , whether a benefice be void before sentence judicially pronounced , albeit in the law it be said , quod ipso facto sit privatus ? admitting the crime to be committed for which the law says he shall be deprived ipso facto ; yet the question is held in the negative , unless it plainly appears that the mind of the legislators were otherwise , as if those words were added , viz. beneficium eo ipso vacare , ita ut alteri libere possit conferri . c. dudum . de elect. as when one takes a second benefice incompatible . aquin. . . q. . art . . cajetan . ib. sotus lib. . de just . q. . art . . covar . de matrim . p. . cap. . § . . nu . , & . and generally the modern dd. but the question is put a little further , as whether the benefice be void when it is said in the law , sit privatus ipso facto absque alia declaratione ? covarruvios , sotus , and henriquez de excom . c. . and many other of the later writers are of opinion , that it is not void , but that a declaratory sentence of the crime is requisite ; and that clause , absque alia declaratione , is to be understood of a declaration of the penalty incurred , not of the crime committed ; which exposition of the words , though it may seem somewhat strained , is notwithstanding by the frequent use and practice thereof among the canonists sufficiently confirmed . and those laws which say , that the benefice shall be void ipso jurc , as in extrav . ambitiosae , de reb . eccl. do not seem to be taken in that strict and rigorous sense , vt sponte teneatur se reus spoliare . less . de just . & jur. lib. . cap. . de judice . dub. . nu . . if it shall hence be demanded , of what force , energy , or operation then are such laws , whereby a man is ipso jure deprived of his benefice , by reason either of some crime committed , or another benefice incompatible accepted ? the answer which the canonists make to it is , that by the words ( ipso jure privatus beneficio ) the offender doth immediately lose the very title he had to the benefice , insomuch as that he is no longer dominus beneficii , yet doth retain the possession thereof , of which he cannot be deprived , nisi causa cognita , without a fair trial at law. gloss . in c. licet episcopus , . de praebendis in . & dd. ibi . note , this is not said by way of interpretation of these words ( ipso jure ) in any statute law of this realm , but by way of exposition thereof among the canonists . although the clergy have ever been had in the highest repute both with prince and people , where the gospel hath been received , and have been honoured with divers priviledges and immunities above the laity , yet the law hath ever held it as prejudicial to the church , that plures honores ecclesiastici uni personae sint tribuendi . at a council conven'd at westminster in the five and twentieth year of the reign of h. . being above five hundred years since , honorius . then pope , in this synod it was ordained in these words , praecipimus ne uni personae in ecclesia archidiaconatus , aut diversi tribuantur honores . to this purpose is the third canon of the lateran council under pope alex under , quia nonnulli diversas ecclesiasticas dignitates , & plures ecclesias parochiales contra sacrorum canonum instituta nituntur adquirere , ita ut cum unum officium vix implere sufficiant , stipendia sibi vendicent plurimorum , ne id de caetero fiat , districtius inhibemus . et quia tantum quorundam processit ambitio , ut non duas vel tres , sed sex vel plures ecclesias perhibeantur habere , nec duabus possunt debitam provisionem impendere : per fratres & coepiscopos nostros hoc emendari praecipimus . likewise gregory the tenth , who succeeded clement , at a council at lyons , pluralitatem beneficiorum curatorum damnavit . hen. de knyghton . de event . angl. lib. . in like manner it appears by the fourteenth canon of the council at rome under pope alexander . an. . that plurality of benefices is there forbidden , as a vice smelling of avarice and ambition , dangerous and prejudicial to the people , whose souls are neglected by such pastours . one of the chiefest reasons , why the law forbids pluralities , is , because it enjoyns residence , both which are inconsistent in the same incumbent . aquinas says , that the having of two benefices is not intrinsecally evil , or malum in se , nor that it is altogether indifferent , but carries in it a species of evil , yet so as that upon due circumstances it may be capable of a qualified lawfulness . aquin. quod-lib . . art . . to the many inconveniencies , which the law doth specifically observe to follow upon pluralities , this may not impertinently be added , that thereby the pious intention of founders is frustrated . the council of trent hath these words of it , haec pluralitas est perversio totius ordinis ecclesiastici . concil . trid. sess . . cap. . pope alexander the third said , that pluralitas beneficiorum certum continet animarum periculum . c. quia in tantum . de praebend . the canonists speaking of this subject in reference to dispensations , to salve the matter if possible , and bring both ends together , have found out a very prety distinction of beneficia incompatabilia primi generis , and incompatabilia secundi generis : but we are not concern'd in that distinction . in that council of trent it was said by the bishop of bitonto , that plurality of benefices , unknown to the first ages , was not brought in by the court of rome , but by bishops and princes , before the popes took upon them to regulate the matter of benefices throughout all christendom . yet the author of the history of the said council of trent , lib. . says , that clement the seventh commended to this nephew hippolitus , cardinal de medicis , in the year . all the benefices of the world , secular and regular , dignities and parsonages , simple and with cure , being vacant for six months , to begin from the first day of his possession , with power to convert all the profits thereof to his own use . the waies whereby an ecclesiastical benefice may be acquired , are not many ; but the causes for which an ecclesiastical person may thereof be deprived , are very many ; generally they may all be reduced to these three heads , ( ) by the disposition of the law : ( ) by the sentence of the judge : or ( ) by a free and voluntary resignation , which though it be not properly a deprivation , yet it is an amission of the benefiee . deprivation by the disposition of the law , is either by reason of some crime , whereunto the penalty of deprivation ipso facto is by the law annexed , or by reason of accepting another benefice incompatible . the pontifical law adds two more , which do not concern us , viz. ingress into religion , and matrimony . the crimes that incurr deprivation are many , but they must be proved , for the beneficed party is not bound sponte sua to quit his benefice ante sententiam judicis . less . de benefic . cap. . dub. . and when a man is not jure privatus , but only privandus , in that case his benefice cannot be bestowed on another , unless a privative sentence be first pronounced by the judge . if a person beneficed be long absent and non-resident from his benefice , the benefice is not by reason of such long absence void ipso jure ; but the law in that case also requires a judicial sentence of deprivation , and that only post trinae citationis in eorum ecclesiis publice edictum . gloss . in c. quoniam , ut lite non contestata , &c. one of the chiefest reasons in law why pluralities are prohibited , is for the prevention of non-residence , as appears by the third canon of the lateran council ; which canon , after it prohibits the having of divers ecclesiastical dignities or more parochial churches than one , it makes provision against non-residence in these words , viz. cum igitur vel ecclesia , vel ecclesiasticum ministerium committi debuerit , talis ad hoc persona quaeratur , quae residere in loco , & curam ejus per seipsum valeat exercere . quod si aliter actum fuerit , & qui receperit , quod contra sacros canones acceperit amittat ; & qui dederit , largiendi potestate privetur . likewise by the thirteenth canon of that great council of one hundred and eighty bishops , assembled at rome by pope alexander the third in the year of our lord . it was ordained , that such persons should be preferr'd to ecclesiastical dignities , as shall be actually resident with their people , and undertake the cure of their souls , by doing the work of their ministry in their own persons , otherwise to deprive them of the office and benefice conferred on them ; and they who do conferr them without these conditions , let them lose the right of conferring offices and benefices . by this appears , how strict and exact the law is against non-residence in the romish church . one of the most famous abbots and monasteries in britain anciently , seems to be that of bangor in flintshire , whereof ranulphus cestrensis says , that tradunt nonnulli pelagium fuisse abbatem apud famosum illud monasterium de bangor a .. this monastery which ranulphus speaks of , is by our beda called bamornabyrig lingua anglorum , in quo ( says he ) tantus fertur fuisse numerus monachorum , ut cum in septem portiones esset cum praepositis sibi rectoribus monasterium divisum , nulla harum portio minus quam trecentos homines haberet , qui omnes de labore manuum suarum vivere solebant b . but concerning abbots , having nothing to do with them , nor they with us ; it being also well known what once they were in this kingdom , and what now they are where the pope doth exercise his jurisdiction , it may here suffice only to observe , that the word [ abbates ] hath anciently had a wide and far different signification from what we now commonly understand thereby ; for in and among the laws of king aethelstan , we find the words [ quatuor abbates ] to be taken ( according to the glossographist thereon ) for quatuor hebdomadas : that law directs how and in what manner the hundred court shall be held ; the words are , hoc est judicium qualiter hundredum teneri debeat : in primis ut conveniant semper ad quatuor abbates , & faciat omnis homo rectum alii c . which the glossary calls locum plane mendosum , and by the quatuor abbates will have quatuor hebdomadas to be understood ; which is the more probable by what appears in one of the laws of king edward , father of the said aethelstan , who began his reign in an. . being the son of king alured : the words of which law are , volo ut omnis praepositus habeat gemotum semper ad quatuor ebdomodas , & efficiat ut omnis homo rectum habeat , & omne placitum capiat terminum quando perveniat ad finem d by the word [ gemotum ] in that place is meant conventus publicus , concilium , but chiefly placitum , as appears by the th law of king kanute , made for the indemnity of such as should have recourse to tribunals , for their safe coming and going to and from courts of justice . et volo ut omnis homo pacem habeat eundo ad gemotum , vel rediens de gemoto , id est , placito , nifi fit fur probatus . it is a word from the saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , convenire , unde nostratium , to meet . but this digression the reader must put on the abbots score , in regard the word [ abbates ] gave the occasion thereof ; which may be but a venial offence , in regard that that ecclesiastical dignity is with us laid aside , though their possessions had better fortune ; yet when king h. . did dissolve them , he did not only augment the number of colledges out of the revenues thereof , but also erected divers new bishopricks , as at westminster , oxford , peterborough , bristol , chester , and glocester ; all remaining at this day save that at westminster , which being restored to its pristine institution by queen mary , and benedictines placed therein , was after by queen elizabeth converted to a collegiate church . in this chapter there is mention also made of chauntries , cantaria , or if you please , aedes sacra : ideo instituta & dotata praediis , ut missa ibidem cantaretur pro anima fundatoris & propinquorum ejus . ita spelm. of these and free chappels about . were dissolved by king h. . to whom they were given by parliament in the th year of his reign : the religious houses under l. per an. were granted to him in an. . all greater monasteries in an. . the chantery and free chappels in an. . of these chanteries forty seven belonged unto st. pauls , london . and as for annates or first-fruits , it is historically reported to us , that they were first introduced into england in the time of king edward the first by pope clement , who succeeded benedict . for this pope clement after the death of pope benedict , was no sooner elected and enthron'd in france , but he began to exercise his new rapines here in england , by a compliance with the said king edward , in granting him a two years disme from his clergy for his own use , though pretended for the aid of the holy laud , that with the more ease himself might exact the first frutts of vacant ecclesiastical benefices to augment his own revenues , though not within his own territories . this is said to be the first president of any popes reserving or exacting annates or first-fruits of all ecclesiastical dignities and benefices throughout england , extant in our histories : which , though reserved but for two years by the pope at first , yet afterwards grew into a custome by degrees , both in england and elsewhere . and thus they remained in the pope until an act of parliament entituled the crown thereunto in the time of king henry the eighth , which afterwards were restored again to the pope by queen mary ; but in the first year of queen elizabeth an act pass'd for restoring the tenths and first-fruits to the crown . notwithstanding what some historians have ( as aforesaid ) reported touching the first introduction of first-fruits into england by pope clement in the time of king edward the first , it is most evident that they were to be yielded and paid here in england some hundreds of years before that time , as appears by the laws of ina king of the west saxons , who began his reign in the year . the law was this , viz. primitias seminum quisque ex eo dato domicilio , in quo ipso natali die domini commoratur . lambert . de leg. inae reg. and by the laws of king edgar , who began his reign in the year . it is ordained in these words , ex omni quidem ingeniorum terra , ipsae seminum primitiae primariae penduntor ecclesiae . idem de leg. edgari reg. ipsas autem seminum primitias sub festum divi martini reddito . ibid. the like you have in the laws of king kanute , who began his reign in the year . seminum primitiae ad festum divi martini penduntor : si quis dare distulerit , eas episcopo undecies praestato , ac regi ducenos , & viginti solidos persolvito . idem lamb. it is supposed , that boniface archbishop of canterbury in the reign of ed. . was the first that made way for popes to appropriate annates and first-fruits in this kingdom to themselves ; for the said archbishop an. . upon a feigned pretence , that his church of canterbury was involved in very great debts by his predecessor , but in truth by himself , to carry on forein wars , and gratifie the pope , procured from pope innocent a grant of the first years fruits of all benefices , that should fall void within his diocess for the space of seven years , till he should thence raise the sum of ten thousand marks yearly out of the bishoprick . so that this grant of first fruits of benefices to boniface the said archbishop , made way for popes appropriating first-fruits and annates to themselves soon after . but in process of time the parliament having ( as aforesaid ) settled them on king h. . there was an office thereof established in london , an. . whereby the kings revenue increased exceedingly from this office for the receipt of tenths and first-fruits , which was then first erected in london ; such moneys being formerly paid to the pope , for that the tenths and first-fruits of the english clergy were yearly return'd to rome . but now the pope being dead in england , the king was found his heir at common law , as to most of the power and profit he had usurped , and the rents which the clergy paid were now changed together with their landlord ; for commissioners ( whereof the bishop of the diocess was ever one ) were appointed to estimate their annual revenues , that so their tenths and first-fruits might be proportioned accordingly . at this time the oblations from the living , and obits from the dead , were as duly paid as predial tithes , and much advanced the income : but queen mary did after by act of parliament exonerate the clergy from all these first-fruits , and ordered the payment of the tenths to cardinal poole , for discharge of pensions allowed to certain monks and nuns ; but queen elizabeth in the first year of her reign resumed these first-fruits and tenths , only personages not exceeding ten marks , and vicarages ten pounds , were freed from first-fruits . vid. stat. eliz. cap. . that which in the method of the ensuing treatise next offers it self to consideration , is altarage ; altaragium , taking its denomination from the altar , because ( to speak properly ) altargium est emolumentum sacerdoti provenieus ratione altaris , ex oblationibus sc . vid. jo. de athon . in constit. legatim . otho . c. auditu ver . proventus . touching this altarage , there is an ancient record in the time of king h. . about the year . in the chronicle of william thorne the augustine monk of canterbury , whereof ( among other things ) there is mention made in a certain composition between edmond archbishop of canterbury and the abbot of st. austins in canterbury , as to whom it may be paid , and to what value it may extend : the composition runs thus , viz. noverint universi praesens scriptum inspecturi vel audituri , quod cum inter dominum ed mundum dei gratia cantuariensem archiepiscopum totius angliae primatem , magistrum s. de langeton , archidiaconum cantuariensem ex una parte , & ●●minum robertum abbatem & conventum s. augustini cantuariae ex altera , controversia diutius mota fuisset super ecclesia de chistlet & jurisdictione , &c. item pro bono pacis concedunt abbas & conventus , quod archidiaconus quando visitationis exercet officium , in ecclesiis eorum sicut in aliis ecclesiis diocesis cantuariensis recipiat procurationem consuetam , exceptis , &c. in capellis vero de menstre scil . sanct. p. & johannis , & laurentii praesentabunt domino archiepiscopo idoneos capellanos perpetuos ad altaragia , ita tamen quod singula altaragia valeant decem marcas , qui hac portione tantum erunt contenti sub poena amissionis dictae portionis , si coram judice quocunque ex certa scientia plus aliquando petierint , praesertim cum vicarius matricis ecclesiae de menstre , &c. whereby it is very evident , that these altarages issued out of the offerings to the altar , and were anciently payable to the priesthood , as well as tithes and other oblations . it is most probable , that the greatest annual revenue by altars , if not by altarages , in any one church within this realm , was in that of st. pauls , london ; for it seems when chanteries were granted to king henry the eight , whereof there were belonging to st. pauls , as aforesaid , there were in the same church at that time no less than fourteen several altars : and although they were but chantery-priests that officiated at them , and had their annual salaries on that account , distinct from altarages in the sense of oblations aforesaid , yet in regard these annual profits accrued by their service at the altar , they may not improperly be termed pension-altarages , though not oblation-altarages . concerning tithes , whether they are eo nomine due and payable now under the gospel , is not to our purpose either to question or determine ; it will be agreed on all hands , that the law requires the payment thereof , and hath stated it within the cognizance of the ecclesiastical jurisdiction . historins of good credit and great antiquity tell us , that aethelwolfe king of the west-saxons gave the tenth part of his kingdom unto god , whatever his design was by it , whether for the redemption of his and his ancestors souls , or otherwise , yet it is now above years since he decimated totum regni sui imperium ; an. . aethelwolphus rex decimam totius regni sui partem ab omni regali servitio & tributo liberavit , & in sempiterno graphio in cruce christi , &c. uni & trino deo immolavit . simeon . dunelm . hist . de gest . reg. angl. likewise aethelstan , who reigned about years after aethelwolfe , in the first of all his laws made special provision for the punctual payment of tithes , ego adelstanus rex , &c. mando praepositis meis omnibus in regno meo , &c. ut in primis reddant de meo proprio decimas deo , tam in vivente captali quam mortuis frugibus terrae , & episcopi mei similiter faciant de suo proprio , & aldermanni mei & praepositi mei . et volo ut episcopi & praepositi hoc judicent omnibus , qui eis parere debent , &c. recolendum quoque nobis est , quam terribiliter in libris positum est , si decimam dare nolumus , ut auferantur à nobis novem partes , & solummodo decima relinquatur . this aethelstan dying without issue was succeeded in the kingdom by his brother edmond , in the second of whose laws we find it thus enacted , in a great synod conven'd at london , where odo and wolstan archbishops were present , decimas praecipimus omni christiano super christianitatem suam dare , &c. si quis hoc dare noluerit , excommunicatus sit . and in the first of king edgar's laws you have these words , reddatur omnis decimatio ad matrem ecclesiam cui parochia adjacet . also in the fourth of king ethelred's laws it is commanded in these words , praecipimus ut omnis homo , &c. det rectam decimam suam , sicut in diebus antecessorum nostrorum fecit , quando melius fecit , hoc est , sicut aratrum peragrabit decimam acram . et omnis consuetudo reddatur ad matrem nostram ecclesiam cui adjacet . et nemo auferat deo , quod ad deum pertinet , & praedecessores nostri concesserunt . and in the ninth of king alured's laws , si quis decimam contra teneat , reddat lashlite cum dacis , witam cum anglis . and in the laws of the conquerour it is particularly ordained , that de omni annona decima garba deo debita est , & ideo reddenda . si gregem equarum habuerit , pullum reddat decimum ; qui unam tamen vel duas habuerit , de singulis pullis singulos denarios . similiter , qui vaccas plures habuerit , decimum vitulum : qui unam vel duas , de vitulis singulis obolos singulos . et qui caseum fecerit , det deo decimum ; si vero non fecerit , lac decima die . similiter decimum agnum , decimum vellus , decimum caseum , decimum butyrum , decimum porcellum . item , de apibus vero similiter commodi . quinetiam de bosco , & prato , & aquis , de molendinis , parcis , vivariis , piscariis , virgultis , & hortis , & negotionibus , & de omnibus rebus quas dederit deus , decima pars ei reddenda est , qui novem partes simul cum decem largitur . qui eam detinuerint , per justitiam episcopi , & regis si necesse fuerit , ad redditionem arguantur . it is on good ground that the canonists do hold , that tithes originally and ex sua natura are of ecclesiastical cognizance , beside the statute of primo r. . that pursuit for tithes ought , and of ancient time did pertain to the spiritual court , notwithstanding what others assert , that in their own nature they are a civil thing , and that ( as bract. lib. . fol. . ) they were annexed to the spiritualty . in the chapter of tithes in this ensuing abridgment you find the order of cistercians , so called from cistercium in burgundy , being but refined benedictines , exempted from paying of tithes : so also were the orders of templers and hospitallers , otherwise called of st. john's of jerusalem ; for anciently the lands of abbies did pay tithes to the parish-priest as well as the lands of lay-men , but in the year they obtained ( besides the appropriations they then had ) of pope paschal the second at the council of mentz , that their lands for the future should be discharged thereof . but this exemption was after limited and restrained by pope * adrian the fourth about the year . ( excepting the tithes of new improvements in their own occupation by culture , pasture and garden-fruits ) † only the said three orders were exempted from the general payment of all tithes whatever . the templers and hospitallers were meer lay-men , yet they were exempted as well as the other : yet the lateran council in an. . ordered , that this priviledge should not extend to covents erected since that lateran council , nor to lands since bestowed on the said orders , though their covents were erected before that council . insomuch that when the said cistercians , contrary to the canons of that council , purchased bulls from the pope to discharge their lands from tithes : king h. . null'd such bulls by the stat. of h. . cap. . and reduced their lands to a statu quo . these exemptions from payment of tithes in this or that particular religious order , was not known in the world , when aethelwolph son of egbert , whom he succeeded as king of the west-saxons , gave ( as aforesaid ) tithes of all his kingdom , and that freed of all tributes , taxes , and impositions , as appears by his * charter to that purpose ; having at a solemn council held at winchester , subjected the whole kingdom of england to the payment of tithes . true it is , that long before his time many acts for tithes may be produced , such as the imperial edicts , canons of some councils and popes , beside such laws as were made by king ina and offa ; yet the said edicts and canons were never received in their full power into england by the consent of prince and people , nor were king ina and offa ( though monarchs of england , as it were , in their turns ) such kings as conveyed their crowns to the issue of their bodies , but the said aethelwolph was monarcha , natus , non factus ; and although before his time there were monarchs of the saxon heptarchy , yet not successive and fixed in a family ; but the said king egbert , being the first that so obtained this monarchy , as to leave it by descent unto his son , the said aethelwolph , he thereby had the more indisputable power to oblige all the kingdom unto an observance of the said act. in the said chapter of tithes there is also mention made of mortuaries , as having some relation of tithes , wherein is shewed what it is , when , by and to whom , and wherefore to be paid . by the stat. of h. . they are reduced to another regulation , than what was in the time of king henry the sixth . a mortuary was then the second best beast whereof the party died possessed ; but in case he had but two in all , then none due . it was called a corse-present , because ever paid by the executors , though not alwaies bequeathed by the dying party . all persons possessed of an estate , ( children under tuition , and femes covert , but not widows , excepted ) were liable to the payment thereof to the priest of that parish , where the dying party received the sacrament ( not where he repaired to prayers ; ) but in case his house at his death stood in two parishes , it was then divided betwixt them both : and it was given in lieu of personal tithes , which the party in his life time had through ignorance or negligence not fully paid — lindw . cons . de consuetud . such of the ancient lawyers as were unacquainted with this word mortuarium in the aforesaid sense as we now use it , took mortuarium only pro derelicto in morte , & say of it , that it is vocabulum novum & harbarum ; but we understand it better , where of custome it is due and payable . these mortuaries , where by the custome they are to be paid , were ever in consideration of the omission of personal tithes in the parties life-time , which personal tithes were by the canon law to be paid only of such as did receive the sacraments , and only to that church where they did receive them , as may be inferr'd plainly from cap. ad apostolicae de decimis . but observe , says lessius , that in many places these personal tithes have been quite taken away , and in some places they are paid only at the end of a mans life , as among the venetians , ( which manner of payment seems to have a great resemblance to these mortuaries ; ) and in some places they are paid only ot the end of the year . and in like manner many predial and mixt tithes in divers places are also abolish'd ; which ( says he ) is for the most part done by the permission of the church , where men have been observed to pay them with regret and much against their minds , nor hath the church in such cases thought fit to compel them to it , on purpose to avoid scandal . lessius de just . & jur . lib. . cap. . dub. . nu . . and in such places where the custome is to pay a personal tithe , when any persons shall hunt , fish , or fowl to make gain or merchandize thereby , and it be neglected to be paid , whether restitution or compensation by way of a mortuary ( where mortuaries are customable ) be in that case due by law , is a question , which by covarruvies may be well held in the affirmative . although the face of the church as well as state began to look with a purer ( though less sanguine ) complexion , when queen elizabeth adorn'd the crown , than when her sister wore it , yet even in queen elizabeths time there crept such abuses into the church , that archbishop parker found it necessary to have recourse unto the power given him by the queens commission , and by a clause of the act of parliament , for the uniformity of common prayer and service in the church , &c. whereupon by the queens consent , and the advice of some of the bishops , he sets forth a certain book of orders to be diligently observed and executed by all persons whom it might concern ; wherein it was provided , that no parson , vicar , or curate of any church exempt , should from thenceforth attempt to conjoyn , by solemnization of matrimony , any , not being of his or their parish-church , without good testimony of the banns being ask'd in the several churches where they dwell , or otherwise were sufficiently licensed . heyl. hist . of q. eliz. an. reg. . banns or banna , that word bannum is sometimes taken pro mandato , scil . edicto ; it is a word of divers significations , as appears almost by all the glossographists and feudists ; it sounds sometimes like edictum , sometimes like mandatum or decretum , and sometimes ( as here ) like proclamatio , saxonibus gebann , whence there is their gebannian pro proclamare , edicere , mandare , ut & nostratium bannes , pro nuptiarum foedere publicato . this publication of banns was cautiously ordain'd for the prevention of clandestine marriages , which were prohibited in this kingdom above years since , as a thing contrary in all ages to the practice of all nations and churches where the gospel was received ; and therefore at a council conven'd at westminster in the year . by richard archbishop of canterbury under the reign of king h. . it was ordain'd , that no person whatsoever should solemnize marriage in any clandestine manner , and in case any parson should have a hand therein , he was to be suspended ab officio for the space of three years : nullus fidelis cujuscunque conditionis sit , occulte nuptias faciat , sed à sacerdote publice nubat in domino . si quis ergo sacerdos aliquos occulte conjunxisse inventus fuerit , triennio ab officio suspendatur . can. . dict . concil . it is recorded by good historians , that anciently in ireland they were so far from publishing these banns before marriage , that they rejected all matrimonial laws whatever , insomuch that polygamy was very common amongst them until the reign of king h. . who sent nicholaus his chaplain , and radulphus archdeacon of landaff into ireland , where at cassell they held a great council under pope alexander ; in which council three things were specially ordain'd , the one concerning baptism , to be in the name of the father , son , &c. for till then their custome was to dip the child , as soon as it was born , three times in water , but if it were a rich mans child , then in milk : another concerning tithes to be duly paid to ecclesiastical persons , for till then many of them scarce knew whether tithes ought to be paid or not : and the third was concerning marriage , that it should be solemnized jure ecclesiastico , plerique enim ( says the historian ) illorum , quot uxores volebant tot habebant . there was also a fourth thing decreed in that council , and that was concerning testaments , and distributions of the goods and chattel of persons deceased . — chron. jo. bromt. de temp. h. . within the cognizance of the episcopal or ecclesiastical jurisdiction are also all matters relating to the sin of adultery ; the bishops jurisdiction herein is very ancient , as appears by the laws of king kanute , made above years since , in leg. . si quis sponsam & concubinam simul habuerit , non faciat ei ' presbyter aliquid rectitudinum , quae christiano fieri debent , priusquam poeniteat , & ita emendet sicut episcopus injunget . such adultery is a kind of double fornication , according to the definition in the th of the same laws , adulterium est , si sponsus cum vacua fornicetur , & multo pejus si cum sponsa alterius . it was a strange and most cruel punishment that philip earl of flanders , in the time of king h. . caused to be executed on walter de fontibus , taken ( as reported ) in adultery with the countess isabella : who commanded that he should be beaten to death with blows or strokes of keys tyed up in bundles ; and being dead , his body to be hung by the feet on a fork with the head downwards , in a place prepared for that purpose , there to remain ignominiously exposed to the view of all spectators . radulph . de diceto , imag. hist. the punishment of an adulteress according to the foresaid laws of king kanute was much more favourable ; for by the th of those laws she was to lose but her nose and her ears , si mulier , vivente marito suo , faciat adulterium , & manifestetur , &c. ipsa perdat nasum & aures . but the emperour aurelian is said to have punished it in one of his souldiers , for committing it with his hostess , in a way of cruelty little inferiour to that practised by the said earl of flanders ; for he commanded the heads of two trees growing nigh together to be bowed down , the souldiers legs to be fast tied thereunto , then to be suddenly let go ; whereby he was torn in two parts , the one hanging on the one tree , the other on the other , and so to remain as a terrifying spectacle to his army . buc. chron. notwithstanding what was first abovesaid in reference to what jurisdiction the cognizance hereof did anciently belong in the daies of king kanute , viz. that the offender should make such satisfaction as the bishops should enjoyn ; yet it is evident that after this , viz. in the conquerors time , fornication and adultery were punishable in the kings temporal court , and the leets especially ( by the name of lecherwite , ) and the fines of offenders assessed to the king , though now it meerly belongs to the church , a president whereof we have in the church of corinth , which by st. pauls command proceeded against the incestuous person ; but as to a rape , there being force and violence in the case , the temporal court and common law ( were there no statute in the case ) hath the best right to the trial and punishment thereof . by the conqueror's laws the punishment of adultery was only pecuniary , leg. . qui desponsatam alteri vitiaverit , forisfaciat weram suam domino suo . yet in some cases it was capital , according to the said conquerors laws , as in leg. . si pater deprehenderit filiam in adulterio in domo sua , seu in domo generi sui , bene licebit ei oure ( lege for san occire , occidere ) adulterum . lambert . de priscis angl. legibus . forasmuch as bastards and matters of bastardy are within the cognizance of the ecclesiastical jurisdiction , some notice is taken thereof in the next place of this abridgment . by bastard we commonly understand prolem ex illicito concubitu procreatam . the most famous of this kind that we meet with in history , and that concerns us , was william the conquerour , of whom simeon monachus dunelmensis in his history says , that an. . obiit robertus dux normandorum , cui successit willielmus bastard filius ejus in puerili aetate . of whom also radulphus de diceto in suis abbreviationibus chronicorum on the year . says , that obiit robertus dux normanniae frater tertii richardi , ab jerosolimis rediens , apud niceam civitatem . cui successit willielmus bastard filius ejus in puerili aetate , qui angliam postea conquisivit ; pater willielmi regis rufi , & henrici . it is frequent in history to find william the conqueror sirnam'd the bastard ; nor did himself in the least disdain to style himself by that addition ; for in his epistle to alanus earl of britannia minor , we find him thus styling himself , ego willielmus cognomento bastardus . and no wonder ( says the glossographer on the said historians ) when the title or name of bastard in those days was used by some as a mark of honour ; the which he is the rather induced to believe , for that ( vocis derivationem kilianam amplectens ) scil . a best-aerd , that is , optima indoles sive natura , there is no cause of being ashamed thereof : illegitimo enim ( says he ) & furtivo concubitu procreati , animo plerunque sunt alacri & elato , ingenio sagaci , & judicio exacto : hanc ( inquam ) vocis originationem potius probarem , cum in caeteris nulla sit gloriandi causa . by the canon law a bastard is prohibited from taking orders , as also from having an ecclesiastical benefice . c. . & per tot . de filiis presbyt . the said prohibition is grounded by that law on deut. . non i● gredietur manzer , hoc est , de scorto natus , in ecclesi●m domini usque ad decimam generationem . yet the pope doth usually dispence with that canon , specially where such illegitimates live commendably , and follow not the vicious practice of their parents ; in illis qui paterna vitia non sequuntur , possunt suffragari virtutes , quae inducent s●mmum pontificem ad dispensandum , si morum honestas eos . commendabiles reddat . c. presbyterorum . distin . and lest such should conceive themselves causlesly injured by that prohibition , the canonists assign three reasons for it ; the one is the dignity of the clergy and the sacraments , which ought not to be committed to infamous persons : another is in detestation of their parents crime , which commonly extends also to their children : the third is the parents incontinency , and because the children do for the most part inherit their parents vices . — cap. si gens angelorum . . distin . yet a modern historian speaking of pope leo the seventh , an. . says ( out of luitprandus ) that bozon bishop of placentia , theobald of millain , and another great prelate , were all the bastards of hugo king of italy by his three queens bezola , rosa , and stephana , whom he termed venus , juno , and semalo . vid. prideaux 's compend . introduct . of hist . p. . edit . . next follows the matter of divorce , which is the separation of married persons by force of the sentence of an ecclesiastical judge qualified to pronounce the same . adultery in either party is the common , though not the only , cause of divorce . some there are ( it seems ) of great reputation in the church ( for this is quaestio tam theologiae quam juris ) who positively condemn it as unlawful for a man or woman to live with their husband or wife respectively , if either of them be notoriously guilty of adultery . of which opinion was st. hierom , saying , that a man is sub maledictione si adulteram retineat . and st. chrysostome , fatuus & iniquus , qui retinet meretricem ; patronus enim turpitudinis est , qui celat crimen uxoris . so that it was none of cato's wisdom , nor any great piece of kindness done his friend hortensius , to lend him his wife martia , whose chastity deserv'd a better requital . socrates also is reported to be as kind-hearted in this matter , as ever cato was ; and they are both said to lend their wives as freely as a man lends an utensil : as these wife men were beyond the reach of a diovorce , so they were more serious than to blush at cornutism , the common fate of such philosophers . st. basil was of opinion , that it was lawful for a woman still to cohabit with an adulterous husband ; to which purpose he made a canon , and commanded it to be done in his church , as appears in his epistle to amphilochius , . can. . & . this also was the sentence of st. austin to pollentius , and in his book de adulterinis conjugiis . david received his wife michal , who had lived with another man. st. basil it seems , though he be of opinion that the woman should still live with the adulterous husband , yet does not think it fit , that the man should be so obliged as to his adulterous wife . the council of eliberis refused to give the sacrament to a clergy-man , that did not instantly expel from his house his wife whom he knew to commit adultery : and by the council of neo-caesarea he was to be deposed from his dignity in the same case . in the council of trent there was a canon made , having an anathema added to it , which condemned those that say , that the bond of marriage is dissolved by adultery , and that either of the parties may contract another matrimony whilst the other liveth : and by the fifth anathematism of that council , . july . were condemned divorces allowed in justinian's code : which anathematism was added at the instance of the cardinal of lorain , to oppose the opinion of the calvinists . in the same council upon the article of divorce , it was said by one of the fathers there , that the matrimonial conjunction was distinguish'd into three parts ; the bond , the cohabitation , and the carnal copulation : inferring , that there were as many separations also : and that the ecclesiastical prelate had power to separate the married , or to give them a divorce in respect of the two latter , the matrimonial bond still standing sure , so that neither can marry again . yet the gospel admits but of one cause of divorce , viz. fornication , which should seem to be understood de vinculo , because divorce in the other respects may have many causes . of all personal actions within the ecclesiastical cognizance , that of defamation seems to be of the tenderest concern , if that be observed which solomon says , that a good name is to be chosen before great riches ; where by name , nothing can be understood other than a mans credit , fame , and reputation in the world : so that the inference is clear , a defamer is the worst of thieves , the sacrilegious ones excepted ; yet were it not for the sweetness of revenge , and the encouragement of the law , such actions might be better spar'd than what it costs to maintain them ; and such ill-scented suits do savour worse being kept alive in a tribunal , than they would by being buried in oblivion , specially if the defamed considered , that to forget injuries is the best use we can make of a bad memory . this defamation is not properly that , which we call detractio , for detractio in its proper signification is alienae famae occulta & injusta violatio ; but defamation , though it be an unjust , yet it is not an occult violation of another mans fame or reputation ; they have indeed both the same end , but they do not both take the same way to that end : they both aim and design the extinguishing or diminishing the credit and repute which one man hath in the mind and good opinion of another ; but the one doth it more openly and publickly , at least not in so clandestine way as the other . this defamatio is of near affinity to that which we call contumelia , which is an unlawful violation of a persons honour and reputation by undecent and false speeches , gestures , or actions , on purpose to disgrace him : only in this also they differ , that defamatio may be of one man to another in the absence of the defamed ; but contumelia is not but to the party present , vel absenti tanquam praesenti , that is , in the prrsence of such as have a relative representation of the person contumeliously so reproached . touching actions of defamation there are two questions raised , rather by the casuists than canonists ; the one , whether the heirs of the defamer be obliged to make restitution of dammage to the defamed , in case the defamer died before satisfaction made ? the other , whether satisfaction for the dammage done by defamation , be to be made to the heirs of the defamed , in case he died before such dammages were recovered by him ? although both these questions are answered in the negative by that known rule in law , actio personalis moritur cum persona ; the reason being , because the obligation arising thence is meerly personal , & non est ad aliquid dandum , sed ad aliquid agendum ; yet navar. adria● . and others , who hold the contrary , will not be so answered ; for though they agree the rule of law , yet they deny the foresaid reason of that rule to hold in this case , for ( say they ) the obligation in this case is not purely and meerly personal , as is commonly supposed , but doth quodammodo affect the estate of the defamer , whether alive or dead : he gives an instance , a man sets his neighbours house on fire , and dies ; his heirs shall make good the dammage done by that fire : a mans good name and reputation is far more precious than his habitation : he that consumes that good name and credit without cause , shall refund the dammage out of his estate , and death it self ( before satisfaction made ) shall not excuse his heirs . vid. navarr . c. . nu . . & adrian . quodlibet . so likewise as to the other question , vtrum defuncto sit fama restituenda ? there are who hold it in the affirmative , quia fama est bonum , quod homo etiam post mortem censetur possidere . but when all is said ( for some will superabound in their own judgments ) the said rule of law must stand void of all exceptions , and hold good and applicable to the premises , that actio personalis moritur cum persona . among all those horrid offences whereby the church is or can be violated , that of sacriledge seems to look with the blackest face ; which , though as a felonious act , may fall under a temporal cognizance , yet the canon law concludes it as a thing in its own nature properly subjected to the determination of the ecclesiastical jurisdiction . it is now nigh a thousand years since withred king of kent conven'd a synod , wherein brithwa●d archbishop and primate of all britain was president : in which synod it was so long since declared in these words , viz. horrendum est hominibus deum vivum expoliare , tunicamque ejus & haereditatem semdere . by the laws of alured king of the west-saxons , leg. . the sacrilegious person was to lose that hand wherewith he did the fact , si quis in ecclesia furetur aliquid , amputetur manus de qua furatus est . in the time of queen elizabeth there were a sacrilegious kind of church-plunderers , who under pretence of abolishing superstition , demolished ancient tombs , raz'd the epitaphs and coat-armours of most noble families , and other monuments of venerable antiquity , took the bells out of churches , and uncovered the roofs of churches by plucking off the lead ; but these birds of prey had their wings soon clip'd by the said queens proclamation , which was effectually put in execution for the restraint of such sacrilegious rapines : king guthred , who by st. cuthbert's command was in childhood taken out of a servile estate and made king of northumberland about the year , made such an edict against the sacrilegious persons as thunder'd them all into hell , gravissimae maledictionis anathemate percussit , ut cum juda proditore domini , damnationis sententia feriantur . simeo . hist . de dunelm . eccl. nor are korah and his confederates the only persons whom the earth interr'd alive for their rebellion against the sacerdotal function ; for ( if you will credit tradition ) the like hath since happened in the case of sacriledge to the scotch army , which in the said guthred's time had no sooner ( according to their modern practice ) fleec'd the church of lindisfarne nigh tweed , to tunick their longshanks , but the earth greedily opened her mouth , and devour'd these devourers , at that very instant when they were all ready to engage in a battel with the said king of northumberland . dict . sim. ibid. but not to rake up antiquity for discovery of what legends and romances lie under the ashes thereof ; this is as well true as chronicled , that king william rufus was casu fortuito , non voluntarie , darted to death instead of a stag by a certain franck , one walter tyrell , in the same place , which his father the conqueror had sacrilegiously disecclesiated for more than miles , to forest it into speluncas latronum & lustra ferarum . this was a real sacriledge in a victorious monarch , which added little to the credit of his conquests ; but that in pope boniface the seventh ( if historians do not bely him ) was a personal sacriledge , who when he understood that the roman citizens conspired against him , took with him all the jewels of the church of st. peter and fled to constantinople , where he converted the same into money for the proper use of his sacrilegious holiness . another gross offence , and little inferiour to the former , within the cognizance of the church , is simony , or that art magick whereby parsons , scarce worth the name of persons , as the devil did into our natural mother insensibly , so they serpentine themselves into our spiritual mother , the church visible , invisibly . hildebrand , or by an alias pope gregory the seventh , conven'd a synod general against church-purchasers and buyers of ecclesiastical livings , and against such bishops as from the hands of kings or emperours , receive the investure of their bishopricks per traditionem annuli & baculi ; he said , that quisquis episcopatum mercatur , contra spiritum sanctum , qui donum dei dicitur , facit . he likewise made a decree in the year , that not only the buyer and seller of any ecclesiastical office , but whoever also that is consenting thereunto , shall be damned with simon magus . simeon dunelm . hist . de gest . reg. angl. it is unavoidable , for the pope , who hath the keys of hell by his girdle , hath so decreed it . but pope gelasius was in this matter better natur'd by far , for he left some place for repentance , and proceeded not an inch beyond a reversable anathema ; si quis vendiderit , aut emerit vel per se , vel per alium , episcopatum , abbatiam , deconatum , archidiaconatum , presbyteratum , praeposituram , praebendam , altaria , vel quaelibet ecclesiastica beneficia , promotiones , ordinationes , consecrationes , dedicationes ecclesiarum , clericalem tonsuram , sedes in choro , aut quaelibet ecclesiastica officia , & vendens & emens dignitatis & officii sui ac beneficii periculo subjaceat . q●●d nisi resipuerit , anathematis mucrone perfossus , ab ecclesia dei quam ●aesit , modis omnibus abscidatur . the like was ordain'd by a council of bishops conven'd at rome , pope calixius the second being president , viz. ordinari quemquam per pecuniam in ecclesia dei , vel promoveri auctoritate sedis apostolicae modis omnibus prohibemus . si quis vero in ecclesia ordinationem vel promotionem taliter adquisierit , acquisita careat prorsus dignitate . dict . simeo . ubi supra . the same in terminis you have ordain'd at a synod conven'd at westminster an. . in the reign of king henry the first , honorius the second being then pope , viz. sanctorum patrum vestigiis inhaerentes , quenquam in ecclesia per pecuniam ordinari auctoritate apostolica prohibemus . — ibid. and at another council conven'd at westminster in the year . under the reign of king h. . it was ordain'd , that all simoniacal patrons should be deprived of their right of presentation for ever ; nulli liceat ecclesiam nomine dotalitii ad aliquem transferre , vel pro praesentatione alicujus personae pecuniam vel aliquod emolumentum , pacto interveniente , recipere . quod si quis fecerit , & in jure vel convictus vel confessus fuerit , ipsum tam regia quam nostra freti auctoritate patrocinio ejusdem ecclesiae in perpetuum privari statuimus . can. . vid. chron. gervas . de temp. h. . it is reported of the emperour henry , son of conradus , that in his youth he accepted of a silver pipe from a certain clerk on this promise and agreement , that when he should be made emperour he should bestow a bishoprick on the said clerk , the which he after did accordingly when he became emperour ; but not long after the emperour being surpriz'd with sickness , and his disease increasing he lay sensless and speechless for three days , and so rapt as it were out of the body , that he lay as one dead , the bishops appointed a three days fast for the emperours recovery , which having obtain'd , he doth immediately by a decree of the council degrade the bishop whom he had simoniacally so made for a silver pipe ; for it was confessed by all that heard hereof , that he was among the devils during the space of all those three daies wherein he lay as dead , those devils all that while darting fiery flames through a pipe into his mouth , whereby his whole body became but as one firebrand , in comparison whereof our material fire here on earth was but as congeled ice to it , &c. as you like this , so you may have more out of the same infallible author , viz. jo. bromton . in chronico suo . at a council assembled at mantua by the emperour henry the fourth in the year . by the third canon of that council it was ordain'd , that whosoever was admitted to a church office , willingly and wittingly by a simoniack person , should be removed from his order : and by the sixth canon of the same council it was likewise ordain'd , that no ecclesiastical office or benefice should be sold for money , but freely given . also by the seventh canon of the council at rome , consisting of bishops in the year . under pope alexander the third , it was ordain'd , that no reward be taken for admitting men to spiritual offices , and that no money be taken for blessing them that are married , or for administration of any other sacrament : for at this time marriage was counted a sacrament of the roman church . he that simoniacally enters on an ecclesiastical living , aim'd at something worth money ; he cannot be supposed to intend principally the ministery of souls , who comes to that office instructed only with a bag of money . in ireland there is a custome of receiving oblations at the baptism of infants ; but if the priest shall refuse to baptize the infant till he be secured of his money , he is a direct simoniack , for then he sells the sacrament at a price certain . it is recorded in history of henricus auceps , that when he fought against the hungarians , he made a vow to god , that if he would give him victory , he would purge his countrey of simony . epiphanius . the precedent evils of sacriledge and simony are no further punished than as they are reduced into act and practice ; but heresie , which in the method of the subsequent abridgment next follows , and as within the ecclesiastical cognizance , is more speculative , having its seat more in the head than in the hand , and consequently of the more pernicious quality , in regard of its poysonous venom in these more noble parts , the head and heart ; nor is it only the poyson of the soul , fatal in whom it is ; but it is also the plague and leprosie of the soul , dangerously infectious to others in whom but very lately it was not . this heresie may be defin'd to be a publish'd opinion , repugnant to the principles of our christian faith , obstinately maintain'd and persisted in by such as profess the name of christ ; and so hereticks are distinguish'd from atheists and infidels , properly so called , albeit in a sense they have somewhat of both the other in them : he seems to give it an adequate definition , that made one for it by the true interpretation of the greek word , haeresis graece , electio latine , est sententia humano sensu electa , scripturae sacrae contraria , palam docta , pertinaciter defensa : and he seems to give the heretick an apt comparison , who made one for him by the mole , which is a beast blind , with a black , but smooth outside , lurking in holes , working under ground , and spoyling the best land. in the black list or catalogue of hereticks , which you meet with in its proper chapter of the ensuing abridgment , you will not find all those heresies mentioned by epiphanius , contr . haeres . lib. . being purposely omitted for brevities sake , because they were like abortive births , and continued not long to disturb the peace of the church . heresies of old , as of late days , have ever crept into the church under a double pretence ; the one , of zeal to the glory of god ; the other , of a detestation of sin ; the devil would cease to be the old serpent , if after so many thousand years experience he were now to learn how to wheedle and deceive the nations . it is observable , that whenever and wheresoever the light of the gospel hath appear'd in any more than ordinary lustre and purity , there immediately the devil hath exerted the utmost of his power and policy to obscure that light , by cau●ing clouds of error to gather in that element where the gospel so increased in purity and splendor ; and whenever he desists from this practice , let him no more be styled the prince of darkness ; whence , if simon magus were ( as some say ) the father of hereticks , you may guess who their grandfather is ; for according to the infernal genealogy , the father of lies must needs be the grandfather of heresies . in this ensuing abridgment therefore you have one chapter of blasphemy and heresie , as being also within the sphear of ecclesiastical cognizance ; they are plac'd together , in regard of that affinity they have each to other ; for many of them are cosin-germans , but one degree of a lie removed , or rather are brethren in iniquity , for they have both the same father , ye are of your father the devil , &c. he abode not in the truth ( says our saviour of the jews that believed not ; ) many of whom blasphemously said of him , that he had a devil , and was mad : others of them were foretold of by st. peter , that they privily should bring in damnable heresies , even denying the lord that bought them , &c. wresting the scriptures unto their own destruction . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 blasphemare , that is , convitiis incessere , to speak reproachfully and wickedly of god , to ascribe to the creature what belongs only to god , vel ab eo removere quod illi convenit , says st. ambrose , or to preferr a false god before the true god , rev. . . this kind of blasphemy referrs chiesly to god the father . there is blasphemy likewise which referrs to god the son ; such was the blasphemy of the pharisees , when they said of christ , that he was a man gluttonous , and a wine-bibber , &c. this they might probably say out of their ignorance of his person , and therefore a much inferiour blasphemy to that against the holy ghost , which is ever against conscience , and out of envy and malice . bartolus is of opinion , that there is a blasphemy also which referrs to men. bart. in l. item apud , § ait praetor . ff . de injur . but this is not that blasphemy here intended , although that opinion seems to be back'd with good authority , cor. . . & tit. . . yet st. austin , who understood this matter better than bartol , was of another opinion , est autem blasphemia ( says he ) cum aliqua mala dicuntur de bo●is . itaque jam vulgo blasphemia non accipitur , nisi mala verba de deo dicere . de hominibus namque dubitari potest : deus vero sine controversia bonus est . d. august . in lib. de morib . manichaeor . cap. . it is but a weak illustration of the matter , to say quod in homines est contumelia , hoc in deum est blasphemia . it may formally be defined to be an injurious and contumelious speech against god : it is diametrically opposed to divine praise ; and both these may be as well internal , of the heart , as external , of the mouth , for in gods omnisciency there is the language of the heart , as well as of the lip ; and there may be blasphemy in the one , as well as of the other . by the levitical law the blasphemer was to be stoned to death . by the civil law he was likewise to die for it . authen . ut non luxurientur . in fin . but this penalty in those daies by reason of a defect of religion and justice is not inflicted , says lucas de penna , in l. omnes . c. de delatorib . & jul. clarus . § blasphemia , nu . . yet blasphemers of the highest rank are at this day put to death in some places , in others they are condemn'd to the oars , in some places they are banish'd , in others they have their tongues cut off , or a hole bored through with an hot iron , ut refert clarus . by the canon law solemn penance was anciently enjoyn'd to lay-blasphemers . c. . de maled . but this is not now in use . the council of lateran under pope leo the tenth , commanded that such blasphemers should not be absolved in foro conscientiae absque gravissima poenitentia . dict . concil . sess . . § . ad abolendum . there are some who would have heresie to be a kind of blasphemy ; doubtless there are some heresies that are very blasphemous ; but heresie in sui natura is quite another thing ; for as blasphemy is de deo male dicendo , so heresie is de fide catholica male eligendo ; for the word haeresis is derived 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , eligo , whence they are understood as hereticks , who departing from the true catholick faith of christ aliam sectam eligunt . some there are , who would have all hereticks to be divided into the major and the minor ; by the major they will have to be understood all those qui nominatam haeresin praedicant , such of old were the manichaeans , arrians , eutychians , samaritans , ophites , donatists , priscillianists , and the like : by the minor , those qui haeresin innominatam defendunt . drosaeus in method . jur. thus the philosophers of old had their sects also among them , & unusquisque sibi aliquod genus disciplinae ac sectae proprium elegit ; there were various factions among them , which by the greeks were termed heresies , but by the latins , sects . among the ancient this word heresie was not sensed in that odium as now with us , nor the word secta among the latins ; st. paul himself speaks of it in one place as in a sense almost indifferent , act. . . notwithstanding it is well known , that the holy scripture generally understands and speaks of it in pessimam partem ; so in tit. . . a man that is an heretick after the first and second admonition reject : and in cor. . . there must be heresies among you , that they which are approved , may be made manifest : and in gal. . . heresies are numbred among the works of the flesh : and in pet. . . they are called damnable heresies . by the civil law an heretick can neither make a testament , nor receive any benefit by a testament . l. fin . c. de haereticis . and if you will believe tho. aquinas ( as in this you very safely may ) all hereticks by robbing the holy scriptures of the truth to establish their pernicious lies , are guilty of a kind of sacriledge ; and by fathering such lies on god , tacitly of blasphemy . aquin. ar . . in the one and fortieth chapter of the ensuing treatise you have a brief catalogue of the councils according to our computation , here you have them more succinctly according to the roman account : sebastus , a judge in thessolonica , in the time of constantinus harmenopulus says , that some of the ecclesiastical canons were of the holy apostles , others of the seven oecumenical councils , others of particular synods , and others of certain * fathers of the church ; to say nothing of the papal decretals ordered to be compiled by pope gregory the th . the first oecumenical council was conven'd at nice under constantine the great , against arius , who held the son of god to be a meer creature : this council consisted of bishops , by whom arius was anathematiz'd , and his heresie condemned . the second was at constantinople under theodosius the great , against the pneumatomachists , who denied the divinity of the holy ghost : this council consisted of bishops , by whom these hereticks together with their damnable heresie , was accursed . the third was at ephesus under theodosius the less , against nestorius and celestinus , who held that christ was only man : at this council were bishops , by whom these hereticks were likewise censured as the former . the fourth was at chalcedon under marcianus , against dioscorus and eutyches , who held that the two natures of the word , viz. of god and man , were after the union reduced into one nature ; for which they were anathematiz'd by bishops there convened . the fifth was at constantinople under justinianus the first , where bishops were present , who confirmed the decrees of the fourth synod , and condemned origen and all other hereticks the sixth was also at constantinople under constantinus barbatus , where were assembled bishops , who pronounced the sentence of anathema against all those qui unum in christo voluntatem , & unam agendi vim tradehant . the seventh was at nice under constantine and his mother irene , where bishops were assembled against the adversaries of images , whom they subjected to their anathema . ( ) of particular synods , one was held in the temple of the apostles in constantinople under the patriarch photius , which was called the first and second : another under leo and constantine in the most famous temple sanctae dei sapientiae , or sanctae sophiae , which confirmed the seventh synod : another at ancyra , more ancient than the first universal synod : another at caesarea , more ancient than that at ancyra : another at gangra , after the nicene , against eustachius , who despised marriage , and taught things not consonant to ecclesiastical tradition : another at antioch a city in syria , where in truth were two synods , the one under aurelianus against paulus samosatenus , who said that christ was meer man ; the other under constantius son to constantine the great : another at laodicea , scituate in phrygia pacatiana : another at sardica , that when constantius embraced the foresaid sect , his brother constans , emperour of old rome , by his letters threatning him with a war , if he would not desist from perverting the church ; his answer was , that he sought no other doctrine , than what was most agreeable to the catholick faith ; whereupon by their and the bishop of romes appointment bishops were conven'd in a synod , which having established the power and authority of the nicene synod , did constitute divers canons for the church : another at carthage under theodosius , where bishops were assembled , and with them the popes vicegerents ; this carthage was part of charchedon , and that a province of africa . ( ) the canons of the fathers are taken ( according to the roman computation ) out of the epistles partly of dionysius alexandrinus , partly of petrus alexandrinus , partly of the wonder-working gregorius : partly also out of the epistles of bazil or basilius the great : partly out of the epistle of gregory or gregorius nyssenus to the b. of melita : partly out of the responses of timotheus alexandrinus : partly out of the responses of the constantinopolitan synod to certain monks , nicholaus the patriarch being president : partly out of the epistles of cyril or cyrillus : and partly out of the epistles of nicephorus the patriach . ( ) the canons of the holy apostles ( a book falsly ascribed to the apostles ) are in number eighty five , according to a modest computation , if you have any faith to spare , at least enough to believe the church of rome , in that as in other points , infallible . but the canons indeed of the apostles , which are of order and external government , do oblige ( as dr. taylor says ) the conscience , by being accepted in several churches , not by their first institution ; and were fitted only to times , and places , and present necessities : for ( says he ) the apostolical decree of abstaining from blood was observed by more churches , than those of syria and cilicia , to which the canon was directed ; and the colledge of widows or deaconesses , derived it self into the manners of the western churches . and the apostles in their first preaching and conversation in jerusalem instituted a coenobitick life , and had all things in common with believers : ( indeed no man was obliged to it . ) of the same nature were their canons , counsels , and advices . the canon concerning widows , let not a widow be chosen under years ; and yet justinian suffered one of years old to be chosen . novel . . c. , . and the canon of the apostles forbidding to eat things strangled , is no where observed in the western churches of christendom . in the beginning of the fourth century , above years since , we find our bishops , british bishops , at the councils of arles , nice , sardis , and ariminum ; a clear evidence of the flourishing state of christianity so long since in this island . at arles in france , conven'd touching the donatists , appeared for the britains , eborius bishop of york , restitutus bishop of london , adelfius bishop of the city called the colony of london , which some suppose to be colchester , others maldon in essex ; sacerdos , a priest both by name and office ; arminius , a deacon , an. . at the synod of nice in bithynia , an. . to suppress arrianism , were british bishops present , as athanasius and hilary bishop of poictiers affirm . at the council of sardis in thracia conven'd by constanitus and constans , sons to constantine the great , the british bishops were likewise present , when the arrians were condemn'd , and athanasius acquitted . and at the council of ariminum in italy the british bishops were also present ; who ( according to athanasius ) were about an. . summoned to divers forein councils in remote parts . as also here at home in and after the seventh century were divers particular councils and synods , the first whereof ( according to stapleton out of bede ) called the first of the english nation , was conven'd at hertford by theodorus archbishop of canterbury , who succeeded deusdedit in that see ; in this council the observation of easter was settled according to the romish rite ; yet whosoever will have this council to be ( as aforesaid ) the first of the english nation , must understand it the first , whose canons are compleatly extant . bede lib. . c. . about the year ethelbald king of mercia , with cuthbert archbishop of canterbury , called a council at cliffe in kent ; the acts of which synod were canons , among which is was ( inter alia ) ordain'd , that prayers should publickly be made for kings and princes . but some few years before this , the said theodorus held a synod or council of bishops at hatfield , by authority whereof he divided the province of mercia ( which sexwolphus then governed alone ) into five bishopricks , viz. to chester , worcester , lichfield , cedema in lindsey , and to dorchester . in the year a great council was held at becanceld by withred king of kent , and bertuald archbishop of britain , wherein many things were concluded in favour of the church . about the same time a council was held at berghamsteed by the said withred king of kent ; at which council bishop wilfrid was restored to york , whence he departed for rome , upon the endeavours which theodorus archbishop of canterbury had used , to have that diocess of york divided . in the year ethelard the archbishop called a synod at clivesho in kent , where by power from the pope , he rivited ( that 's the word ) the archbishoprick into the city of canterbury . there was likewise at celichyth an eminent council under wolphred , who succeeded ethelard , archbishop of canterbury . but nigh one hundred years before this , viz. about the year , a synod was assembled at alncester in worcestershire , to promote the building of evesham-abbey . and not long after another synod was called at london , to introduce the doctrine of image-worship into england , now first beginning to appear in the publick practice thereof . also , above one hundred years before that , viz. about the year . augustine by the aid of ethelbert king of kent , called a council of saxon and british bishops to meet in the confines of the mercians and west-saxons , in the borders of worcester and herefordshire , under an oak ; thereby tacitly reproving the idolatry of the pagan britains , who acted their superstitions under an oak ; as the learned sr. h. spelman observes . in the tenth century king edward the elder , son of king alfred , called a synod at intingford , where he confirmed the same ecclesiastical constitutions , which king alured had made before . many councils were conven'd during the reign of king athelstan , as at exiter , feversham , thunderfield , london , and at great lea , which last is of most account in regard of the laws therein made , specially that concerning the payment of tithes ; the which you may peruse in the learned sr. h. spelm. concil . p. . during the reign of king edgar , hoel dha held a national council for all wales at tyquin , which was wholly in favour of the clergy ; this council was held when dunst in was archbishop of canterbury , in whose time there were two other councils conven'd , the one at cartlage in cambridgshire , the other at caln in wiltshire . after this william the conqueror conven'd a council of his bishops at winchester , wherein himself was personally present , with two cardinals sent from rome ; in this council stigand archbishop of canterbury was deposed , and l●●frank a lombard substituted in his room . during the reign of king henry the first , anselm archbishop of canterbury summoned a council at westminster , which excommunicated all married priests , half the clergy at that time being married , or the sons of married priests . during the reign of king stephen , albericus bishop of hostia , sent by pope innocent into england , conven'd a synod at westminster , wherein it was concluded , that no priest , &c. should have a wife or a woman in his house , on pain of being sent to hell. also that their transubstantiated god should dwell but eight days in the box , for fear of being worm-eaten or moulded . under the reign of king henry the second ( who disclaimed the popes authority , refused to pay peter-pence , and interdicted all appeals to rome ) a synod was called at westminster , wherein was a great contest between the two archbishops of canterbury and york for precedency ; york appeals to rome , the pope interposes , and to end old divisions makes a new distinction , entituling york primate of england , and canterbury primate of all england . under the reign of king henry the third a council was held at oxford under stephen langton archbishop of canterbury , wherein many constitutions were made , as against excess of demands for procurations in visitations , against pluralities , non-residence , and other abuses of the clergy . in the ninth year of king edward the first , john peckham archbishop of canterbury , held a council at lambeth with his suffragans , some account whereof walsingham gives us in these words , viz. frater johannes peckham , cantuariensis archiepiscopus , ne nihil fecisse videretur , convocat concilium apud lambeth , in quo non evangelii regni dei praedicationem imposuit , sed constitutiones othonis & ottobonis quondam legatorum in anglia innovans , jussit eas ab omnibus servari , &c. walsing . in ed. . he then made sixteen ecclesiastical laws , which are inserted among the provincial constitutions . after this he summoned another council of his clergy at reading , wherein he propounded the drawing of all causes concerning advowsons to the ecclesiastical courts , and to cut off all prohibitions from the temporal courts in personal causes ; but upon the kings express command to desist from it , this council was dissolved . parker de antiq. eccles . anglic. fo . . an . during the reign of king henry the fourth , thomas arundel archbishop of canterbury conven'd a synod at st. pauls church lond. wherein the king joyned with them in punishing all opposers of the religion received . — trussel . de vita h. . under king henry the fifth an universal synod of all the bishops and clergy was called at london , where it was determined , that the day of st. george , and also of st. dunstan , should be a double feast in holy church . in the same kings reign was a convocation held at london , conven'd by henry chichley archbishop of canterbury , wherein were severe constitutions made against the lollards . in the reign of king henry the seventh a synod was held at london by john morton archbishop of canterbury , to redress the excess of the london clergy in apparel and frequenting of taverns . we had almost omitted the synod in england an. . under the reign of king richard the second , simon sudbury then archbishop of canterbury ; in which synod it was ordain'd , that whosoever appealed to rome ( besides excommunication ) should lose all his goods , and be imprisoned during his life . vid. hist . of the church of great britain , — p. . a modern and ingenious , yet unfortunate , author well observes a fourfold difference or distinction of synods or convocations in this realm , in reference to the several manners of their meeting , and degrees of their power . the first , he states in point of time before the conquest . the second , since the conquest , and before the statute of praemunire . the third , after that statute , but before another made in the reign of king h. . the fourth , after the th of the said king. ( ) before the conquest the popes power prevailed not over the kings of england , who were then ever present personally or virtually at all councils , wherein matters both of church and state were debated and concluded , † communi consensu tam cleri quam populi , episcoporum , procerum , comitum , nec non omnium sapientum , seniorum populorumque totius regni . ( ) after the conquest , but before the statute of praemunire , the archbishops used upon all emergent cases , toties quoties , at their own discretions to assemble the clergy of their respective provinces , where they pleased , continuing and dissolving them at their pleasure ; which they then did without any leave from the king ; whose canons and constitutions ( without any further ratifification ) were in that age obligatory to all subjected to their jurisdiction . such ( it seems ) were all the synods from lanfranck to thomas arundel , archbishop of canterbury , in which arundels time the statute of praemunire was enacted . ( ) after which statute ( which much restrained the papal power , and subjected it to the laws of the land ) the archbishops called no more convocations by their sole and absolute command , but at the pleasure of the king , by whose writ and precept only they were now and henceforth summoned . of this third sort of convocations , were all those kept by and from thomas arundel unto thomas cranmer , or from the th of r. . unto the th of king h. . these convocations also did make canons ( as in lindwoods constitutions ) which were obligatory , although confirmed by no other authority than what was meerly synodical . ( ) the last sort of convocations , since the said statute , called the th of king h. . that none of the clergy should presume to attempt , alledge , claim , or put in ure , any constitutions , or ordinances provincial , or synodals , or any ●●her canons , constitutions , or ordinances provincial ( by whatsoever name or names they may be called ) in their convocation in time coming , ( which alwaies shall be assembled by the kings writ ) unless the same clergy may have the kings most royal assent and license to make , promise and execute such canons , constitutions and ordinances provincial , or synodical , upon pain of every one of the said clergy doing the contrary to this act , and thereof convicted , to suffer imprisonment , and making fine at the kings will. since this year , from archbishop cranmer to this day , all convocations are to have the kings leave to debate on matters of religion ; and their canons ( besides his royal assent ) an act of parliament for their confirmation . and as to the general councils , there are not any of them of use in england , except the first four general councils , which are established into a law by king and parliament . the learned bishop prideaux in his synopsis of councils gives us the definition of synodographie , and says , it is such a methodical synopsis of councils and other ecclesiastical meetings , as whereby there may be a clear discovery to him that doubts how any case may be enquired after , and what may be determined concerning the same . and then immediately after gives us the definition of a council , which he calls a free publick ecclesiastical meeting , especially of bishops , as also of other doctors lawfully deputed by divers churches , for the examining of ecclesiastical causes , according to the scriptures , and those according to the power given by common suffrages , without favour of parties to be determined , in matters of faith by canons , in cases of practice by presidents , in matters of discipline by decrees and constitutions . of these councils he observes some to have been judaical , others apostolical , others oecumenical , some controverted , others rejected , and some national , to all which he likewise adds conferences . ( ) under the title of judaical councils he comprehends the more solemn meetings about extraordinary affairs for the confirming , removing , or reforming any thing , as the matter required . such he observes to have been at sichem under josuah and eleazer , josh . . at jerusalem , the first under david , gad and nathan being his assistants , chro. . at carmelita under ahab and elias , king. . at jerusalem , the second under hezekiah , . chro. . at jerusalem , the third under josiah and hilkiah , kin. . chro. . at jerusalem , the fourth under zorobabel and ezra and the chief of the jews , that return'd from the captivity of babylon . and lastly , that which is called the synod of the wise under john hircanus . genebrand . chron. l. p. . ( ) the apostolical councils he observes to have been , for the substituting of matthias in the place of judas , act. . for the election of seven deacons , act. . for not pressing the ceremonial law , act. . . for the toleration of some legal ceremonies for a time , to gain the weak by such condescension , matth. . . for composing the apostles creed . for obtruding to the church canons under the notion of the apostles authority , concerning which there are many controversies . lastly , for the meeting at antioch , where among nine canons , the eighth commanded images of christ to be substituted in the room of heathenish idols ; the other pious canons being destitute of the synods authority . vid. bin. tom. . p. . & longum . p. . ( ) of oecumenical or general councils , some were greek or eastern , others were latin or western . the more famous of the oecumenical greek councils were , the nicene , the first of constantinople , the first of ephesus , the first of chalcedon . of constantinople , the second of constantinople , the third . the nicene the second . the more famous of the oecumenical latin councils were at ariminum : the lateran : at lions : at vienna : the florentine : the lateran the fifth ; and lastly at trent . ( ) of controverted councils ( if that distinction be admissable , according to the classis thereof digested by bellarmine ) the computation is at constantinople the fourth : at sardis : at smyrna : at quinisext : at francfort : at constance ; and at basil . ( ) of rejected councils ( whereby are intended such as either determine heretical opinions , or raise schisms ) the computation is at antioch : at milain : at seleucia : at ephesus the second : at constantinople : at pisa the first ; and at pisa the second . ( ) of national synods , which comprehend the provincials of every metropolitan or diocesan bishop , the distribution is into italian , spanish , french , german , eastern , african , britain . ( ) to these may be added ecclesiastical conferences , which were only certain meetings of some divines , wherein nothing could be canonically determined , and therefore needless to be here particularly inserted . vid. b. prideaux . synops . of counc . vers . fin . the grand censure of the church , whereby it punisheth obstinate offenders , is by way of excommunication , which though the canonists call traditio diabolo , or giving the devil as it were livery and seizin of the excommunicate person , yet the romanists have a tradition , that st. bernard excommunicated the devil himself , sanctus bernardus , plenus virtutibus , quadam die praesentibus episcopis , clero , & populo , excommunicavit quendam diabolum incubum , qui quandam mulierem in britannia per septeunium vexabat ; & sic liberata est ab eo . — chron. jo. bromton . de temp. h. . a miraculous excommunication , and a sovereign remedy against diabolical incubations . the excommunication which st. oswald pronounced against one , who would not be perswaded to be reconciled to his adversary , had nothing so good though a more strange effect , for that excommunicated him out of his wits , and had it not been for wolstan , who as miraculously cur'd him , you might have found him , if not in purgatory , then in bedlam at this day ; illi cujus es ( says sanctus oswaldus ) te commendo , & carnem sathanae tuam trado . statim ille dentibus stridere , spumas jacere , caput rotare incipit . qui tamen à wolstano sanatus , cum pacem adhuc recusaret , iterum & tertio est arreptus simili modo , quousque ex corde injuriam remitteret & offensam . if you have not faith enough to believe this on the credit of abbot brompton , who chronicled from the year , in which st. austin came into england , to the death of king richard the first , which was in the year . if you have not ( i say ) faith enough for the premisses , you are not like to be supplied with any on this side rome , unless you have it from henry de knighton canon of leyster , who wrote the chronicle de eventibus angliae , from king edgars time to the death of king richard the second , for he in his second book de temp. w. . doth put it under his infallible pen for an undeniable truth . and indeed is much more probable , than what the said abbot reports touching st. austins raising to life the priest at cumpton in oxfordshire years after his death , to absolve a penitent excommunicate , that at the same time rose also out of his grave , and walked out of the church at st. austins command , that no excommunicate person should be present whilst he was at mass , having in his life-time been excommunicated by the said priest for refusing to pay his tithes . vid. cron. dict . bromton . de regn. cantiae . excommunication is of such a large extent , that this world is too narrow to contain it , therefore it extends it self to the next world also , and that not only in reference to the soul , but also to the body ; insomuch that the interr'd bodies of persons dying under excommunication , have often been inhumanely exhumated and taken out of their parochial graves , to associate with the rotten carkases of bruit beasts , a president whereof you have in king edward the thirds time , when the pope by his bull to the bishop of lincoln commanded , that the bodies of all such excommunicates as in their life-time had adhered to the lady wake , in the contest between her and the bishop of ely touching a mannor , should be taken out of their graves , and cast out of the church-yard . this is much worse than to be denied the honour of a christian burial , which by the council at rome , an. . was the punishment of such lay-persons as transferr'd the right of tithes to other laicks , without delivering them to the church ; yet by the sixth canon of that council it is ordain'd , that no man shall be excommunicated or suspended from his office , until he be legally and duly summoned to appear and answer for himself , except in such cases as deserve summary excommunication . it was a strange excommunication , as to the new and insolent form thereof , wherewith pope theodorus excommunicated pyrrhus patriarch of constantinople , who having been infected with the heresie of the monothelites , and thereupon excommunicated , and upon his recantation absolved , relapsed into the same error , whereupon the said theodorus excommunicated him the second time , but in such a way and manner , as never had a former president or second practice : for he infused some drops of consecrated cup into ink , and therewith writ a sentence of anathema against pyrrhus . hist . mag. cent. . cap. . whether the dead may be excommunicated ? was the first question moved in the fifth general council at constantinople , an. . under the emperour justinian : to which eutychius answered , that as josiah opened the sepulchres of the dead , and burnt their bones : so the memorials of such might be accursed after their death , who had injured the church in their life ; for which pertinent answer the said emperour made him bishop of constantinople ; so that he succeeded menas , who about the same time had departed this life suddenly , sitting the council . that worthy prelate , who affirmed that it was certainly unlawful to excommunicate any man for not paying the fees of courts , is scarce so generally credited in his law , as he may deserve to be in his doctrines , especially when his reason for that assertion , viz. that a contumacy there ( speaking of courts ecclesiastical ) is an offence against the civil power , is duly weighed and considered ; and more especially , when such fees are not paid , notwithstanding the orders and decrees of such courts for the payment thereof : contempts of which kind might pass wholly unpunished , if ecclesiastical censures should not take place in such cases . many are the prejudices which ensue upon excommunication , some whereof ( in case of obstinate persistency ) reach us as men as well as christians , and seem , as it were , to unman us , as well as unchristian us ; extending ( per brachium seculare ) as well to our civil liberty , as ( per censuram ecclesiasticam ) to our christian ; having a dreadful influence both on body and soul , and that in both worlds . rebussus enumerates no less than above threescore of these penalties , for so he calls them , poenae contra excommunicatos . rebuff . de excom . non vitand . such persons as are extra communionem ecclesiae , or excommunicates with us , were apud hebraeos anciently called aposynagogi , as cast out of the synagogue , and for their contumacy extorres , to be shunn'd of all men until they repented . old. such as are anathematiz'd and under the greater excommunication , are as it were expell'd out of all humane society and banish'd from mankind ( understand it of those within the church ; ) such an anathema may be somewhat compared to that punishment , which the romans of old called interdictio ignis & aquae , borrowed from the graecians , which their great legislator draco enacted as a law to the athenians , and which punishment in truth was second to none , save that which is capital . towards the close of this ecclesiastical abridgment you have some mention made of the statute of circumspecte agatis : in the thirteenth year of the reign of king edward the first , an. . the bounds and limits of both jurisdictions spiritual and temporal were fix'd by parliament , by a statute under that title , the english whereof translated from the latin out of the records runs thus , viz. the king to his judges sendeth greeting . vse your selves circumspectly in all matters concerning the * bishop † of norwich , and his clergy , not punishing them , if they hold plea in court christian , of such things as be meerly spiritual , viz. of penance enjoyned for deadly sin , as fornication , adultery , and such like ; for the which many times corporal penance or pecuniary is enjoyned , specially if a freeman be convict of such things . also if prelates do punish for leaving church-yards unclosed , or for that the church is uncovered , or not conveniently decked ; in which cases none other penance can be enjoyned , but pecuniary . item , if a parson demand of his parishioners oblations and tithes due and accustomed ; or if any person plead against another for tithes , more or less , so that the fourth part of the value of the benefice be not demanded . item , if a parson demand mortuaries in places , where a mortuary hath used to have been given . item , if a prelate of a church , or if a patron demand a ` pension due to themselves , all such demands are to be made in a spiritual court. and for laying violent hands on a priest , and in case of defamation , it hath been granted already , that it shall be tried in a spiritual court , when money is not demanded , but a thing done for punishment of sin , and likewise for breaking an oath . in all cases afore rehearsed , the spiritual judge shall have power to take knowledge , notwithstanding the kings prohibition . vid. lindw . constit . lib. . tit. de foro-competenti . vid. full. chur. hist. lib. . p. . now whereas some doubt hath heretofore been , whether this were indeed an act of parliament , or any thing more than a constitution made by the prelates themselves , or only a meer writ issued out from the king to his judges , sr. ed. coke . instit. par . . pag. . resolves it in express terms thus , viz. though some have said , that this was no statute , but made by the prelates themselves ; yet that this is an act of parliament , it is proved , not only by our books , but also by an act of parliament . by this statute of circumspecte agatis , the ecclesiastical court might proceed to punish the offender , who offered violence to a priest ; the which de jure it might do by proceeding ex officio & pro salute animae , dammages on an action of battery in the case reserved to the common law. to conclude ; the protestation which bellamera the canonist , in the proem to his lecture on the clementine constitutions makes , shall ( as to this repertorium canonicum , jurisve anglico-ecclesiastici compendium ) be mine , id submittens correctioni & determinationi tam canonum ecclesiasticorum , quam statutorum , jurumque publice forensium & secularium , & cujuslibet melius sentientis , protestans , quod si in praesenti opusculo de lapsu chalami , aut inadvertentia , vel forte ex ignorantia aliqua jam scripsero , id praeter intentionem scribere me contigerit : si etiam aliqua scripsero , quae errorem saperent , aut male sonarent , illa ex nunc revoco , & volo haberi pro non scriptis ; determinationibusque ecclesiae anglicanae , & dicti juris forensis oraculis semper , & in omnibus volo stare . et hanc protestationem volo pro repetita haberi in quolibet dictorum meorum , & etiam condicendorum , ut si reprobantur dicta , actor non propter hoc reprobetur . the several chapters of the ensuing abridgment . chap. page . . of his majesties supremacy , . of archbishops , . of bishops and ordinaries , . of guardians of the spiritualties . . of congé d'eslire , election , and confirmation , . of consecration , . of deans and chapters , . of archdeacons . . of procurations , synodals , and pentecostals , . of diocesan chancellors , commissaries , officials ; as also of consistories . . of courts ecclesiastical and their jurisdiction , . of churches , chappels , and church-yards , . of churchwardens , questmen , and sidemen , . of consolidation and vnion of churches , . of dilapidations , . of patrons , and de jure patronatus , . of parsons and parsonages , . of vicars , vicarages , and benefices , . of advowsons . . of appropriations . . of commendams , . of lapse , . of collation , presentation , and nomination , . of examination , admission , institution , and induction , . of avoidance and next avoidance ; also of cession , . of pluralities , . of deprivation , . of incumbents ; also of residence and non-residence , . of abbots and abbies ; also of chauntreys ; and of the court of augmentations , . of annates or first-fruits ; also of aumone , or frank-almoin , . of altarage , . of tithes , with the incidents thereof , . of banns , . of adultery , . of bastards and bastardy , . of divorce ; also of alimony , . of defamation , . of sacriledge . . of simony , . of blasphemy , heresie , and hereticks , . of councils , synods , and convocations , . of excommunication , . of the statutes , articuli cleri , and circumspecte agatis , . of several writs at common law , pertinent to this subject , an abridgement of ecclesiastical laws . chap. i. of the kings supremacy . . a description thereof , or what it is . . the establishment thereof by statute laws . . the oath of the kings supremacy ; when first enacted , the cause thereof . . the king in his own dominions , dei vicarius . . the king supream governour ( under god ) of the church in england , &c. . impugners of the kings supremacy how censured by the canon . . in matters ecclesiastical the king hath here the same power de jure , which the pope formerly exercised by usurpation . . the kings of this realm anciently made their own canons and ecclesiastical constitutions without the popes authority . . the king is lex viva , in some cases may dispence with some canons : . provisoes of some statutes in right of the kings supremacy . . no canons or ecclesiastical constitutions to be made , or to be of force to oblige the subject without the royal assent . . the regal supremacy asserted by the ecclesiastical injunctions of king ed. . . the same further asserted by other eccles . powers and authorities . . the regal supremacy asserted in the reign of queen elizabeth . ( . ) this ecclesiastical abridgment begins with the regal supremacy , a point which cannot be touch'd with too much tenderness ; such of the church of rome as question the validity thereof , may be presumed not to have consulted that learned canonist of their own , jo. quintinus hoedeus , where he says , that nemini dubium , quin in primitiva ecclesia de rebus & personis ecclesiasticis principes jus dixerint . the emperours were all secular princes , who by those laws which they established touching persons and things ecclesiastical , proclaimed to all the world their supremacy therein : the thirteen first titles of the first book of the emperour justinian's code , being the constitutions of divers emperours , do treat and judge of things and persons meerly ecclesiastical ; yea , the emperours areadius and honorius ejected a bishop as well out of his title of ecclesiastical dignity as out of his episcopal see , and commanded him to be banished for disturbing the publick peace . l. quicunque , c. de episc . & cleric . by this word [ supremacy ] is here understood , that undoubted right and ancient jurisdiction over the state ecclesiastical within these his majesties realms and dominions ( with the abolishing of all forein and usurped power repugnant to the same ) which the laws and statutes have restored to the crown of this kingdom , and now invested in the king , as the highest power under god within these his majesties realms and dominions , unto whom all persons within the same , in all causes and matters , as well ecclesiastical as temporal , do owe their loyalty and obedience , before and above all other powers and potentates on earth whatever . ( . ) by the injunctions of king ed. . to the clergy , all persons ecclesiastical having cure of souls , were four times a year to preach in vindication of the kings supremacy , and in opposition to the usurped power of the bishop of rome in this kingdom . there were divers laws made in the time of king h. . for the extinguishment of all forein power , and for the restoring unto the crown of this realm the ancient rights and jurisdictions of the same ; which is the substance of the preamble of the statute of eliz. cap. . the express letter and meaning whereof is , as sir edward coke observes a to restore and unite to the crown the ancient jurisdiction spiritual or ecclesiastical , where ( as he says ) the first clause of the body of the act , being to let in the restitution of the ancient right and jurisdiction ecclesiastical within the realm , doth abolish all forein jurisdiction out of the realm . and then followeth the principal clause of restitution and uniting of the ancient jurisdiction ecclesiastical , being the main purpose of the act , in these words , viz. be it enacted , that such jurisdiction spiritual or ecclesiastical , as by any spiritual power or authority hath heretofore been , or lawfully may be exercised or used for the visitation of the ecclesiastical state and persons , and for-reformation , order , and correction of the same , and of all manner of errors , heresies , schisms , abuses , offences , contempts and enormities , shall for ever by authority of this parliament , be united and annexed to the imperial crown of this realm . this act by a former clause thereof doth repeal the statute of and ph. & ma. c. . whereby the acts of h. . c. . and h. . c. . were repealed ; so that the act of repeal being repealed , the said acts of h. . were implicitely revived , whereby it is declared and enacted , that the king , his heirs and successors , should be taken and accepted the only supream head in earth of the church of england , and should have and enjoy , annexed to the imperial crown of this realm , as well the title and style thereof , as all honours , dignities , prebeminencies , jurisdictions , &c. to the said dignity of supream head belonging , &c. by which style , title and dignity the king hath all ecclesiastical jurisdiction whatever b ; and by which statute the crown was but remitted and restored to its ancient jurisdiction , which had been formerly usurped by the bishop of rome c . and this is that supremacy which is here meant and intended . ( . ) the said statute of eliz. c. . doth not only repeal the said stat. of , and p. & m. c. . but it is also a reviver of divers acts asserting several branches of the kings supremacy , and re-establishing the same ; it doth likewise not only abolish all forreign authority , but also annex the ecclesiastical jurisdiction to the crown of this realm , with power to assign commissioners for the exercise of ecclesiastical jurisdiction : and then further enacts to this effect , viz. that all ecclesiastical persons of what degree soever , and all and every temporal judge , justice , mayor , or other lay or temporal officer or minister , and every other person having fees or wages from the crown , within this realm or the dominions thereof , shall upon his corporal oath testifie and declare in his conscience , that the kings majesty is the only supream governour of this realm , and of all other his majesties dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal ; and that no forreign prince . person , prelate , state or potentate hath or ought to have any jurisdiction , power , superiority , preheminence or authority , ecclesiastical or spiritual , within this realm ; and therefore doth utterly renounce and forsake all forreign jurisdictions , powers , superiorities and authorities ; and doth promise that from henceforth be shall bear faith and true allegiance to the kings majesty , his heirs and lawful successors , and to his power shall assist and defend all jurisdictions , priviledges , preheminencies and authorities granted or belonging to the kings majesty , his heirs and successors , or united or annexed to the imperial crown of this realm . the practices of the romanists in the th year of queen elizabeth , and the danger thereby threatning both the queen and state , occasioned her to call a parliament . jan. an. / , which passed an act for assurance of the queens royal power over all estates and subjects within her dominions . by which statute was enacted the oath of supremacy ; as also what persons were obliged to take it , and who should have power to administer the same : and this was both the original and the cause of that oath . by the said statute of el. c. . appears also what the penalty is for refusing to take the said oath ; as also the penalty of maintaining a forreign authority , as likewise what other persons than the fore-mentioned shall be obliged to take the said oath ; which was afterwards again further ratified and established by the statute of eliz. c. . ( . ) the king within his own territories and dominions , is ( according to bracton ) dei vicarius tam in spiritualibus quam temporalibus d and in the ecclesiastical laws of edward the confessor the king is styled , vicarius summi regis , & reges regunt ecclesiam dei , in immediate subordination to god e : yea the pope himself , eleutherius , an. . styled king lueius , dei vicarius in regno suo f ( . ) the supremacy which heretofore the pope did usurp in this kingdom , was in the crown originally , to which it is now legally reverted . the kings supremacy in and over all persons and causes ecclesiastical , within his own dominions , is essentially inherent in him ; so that all such authority as the pope here once usurped , claiming as supream head , did originally and legally belong to the crown , and is now re-united to it by several statutes as aforesaid g . on this supremacy of the king , as supream head , sr. edward coke grounds the power of granting a commission of review after a definitive sentence in the delegates h ; for one reason that he gives , is , because after a definitive sentence the pope , as supream head by the canon law , used to grant a commission ad revidendum : and such authority as the pope had , claiming as supream head , doth of right belong to the crown ; quia sicut fontes communicant aquas fluminibus cumulative , non privitive : sic rex subditis suis jurisdictionem communicat in causis ecclesiasticis ( vigore statuti in hujusmodi casu editi ) cumulative , non privitive i . by the second canon of the ecclesiastical constitutions of the church of england it is ordained , that whoever shall affirm , that the kings majesty hath not the same authority in causes ecclesiastical , that the godly kings had among the jews and christian emperors in the primitive church , or impeach in any part his regal supremacy in the said cases restored to the crown , and by the laws of this realm therein established , shall be excommunicated ipso facto , and not be restored but only by the archbishop after his repentance and publick revocation of those his wicked errors . ( . ) the king being next under god supream governour of the church of england , may qua talis redress as he shall see cause , in all matters of spiritual and ecclesiastical jurisdiction for the conservation of the peace and tranquillity of his realms k . the pope , as appears by the stat. of h. . c. . claimed full power to dispense with all human laws of all realms in all causes , which he called spiritual : now the king as supream hath the same power in himself within his own realms legally , which the pope claimed and exercised by usurpation . eadem praesumitur mens regis , quae est juris . the kings immediate , personal , ordinary , inherent power , which he executes or may execute authoritate regia suprema ecclesiastica , as king and supream governour of the church of england , is one of these flowers qui faciunt coronam l . nor is the kings immediate power restrained by such statutes as authorize inferiour persons : the lord chief justice hobart asserts , that although the stat. of h. . . doth say , that all dispensations , &c. shall be granted in manner and form following , and not otherwise , yet the king is not thereby restrained , but his power remains full and perfect as before , and he may still grant them as king , for that all acts of grace and justice flow from him m . by the eighth canon concilii calchuthensis held under pope adrian the first , an. . the pope had power to grant what immunities and priviledges he pleased in church-matters , and they were by the said canon to be duly observed : whatever authority the pope pretended to in this kingdom in such matters by way of usurpation , the same may the king , as supream governour of the church next under god in his own dominions , use and lawfully exercise by his regal authority , ex justa plenitudine potestatis suae . likewise pope agathon , an. . in concilio romano-britannico , exercised his papal authority , in the time of lotharius king of kent , not only touching the reformation of errors and heresies then in this church , but also as to the composure of differences and dissentions that then were among the clergy of this realm . such presidents of the usurped power of the papal see exercised in this kingdom , are now of no further use , than to illustrate or exemplifie the legal power inherent in the kings of this realm in such matters of ecclesiastical jurisdiction ; for the most high and sacred order of kings being of divine right , it follows that all persons of what estate soever , and all causes of what quality soever , whether ecclesiastical or civil , within his majesties realms and dominions , are subordinated to the power and authority of the king as supream . it is not only acknowledged , but also constituted by way of an ecclesiastical canon , that the power of calling and dissolving councils both national and provincial , is the true right of all christian kings within their own realms and territories . ( . ) the ecclesiastical legislative power was ever in the kings of this realm within their own dominions ; that in ancient times they made their own ecclesiastical laws , canons and constitutions , appears by several presidents and records of very great antiquity , which were received and observed within their own territories without any ratification from any forreign power . one instance ( among many ) may be given of the ecclesiastical laws of alured mag. regis anglorum , an. . this they did de jure , by virtue of their own inherent supremacy . and therefore when pope nicholas the second , an. . in the bull , wherein he ordained westminster to be the place for the consecration of kings , gave power to edward the confessor and his successors , to constitute such laws in the church , as he should think fit , he gave him therein no more than was his own before : for the kings of england might ordain or repeal what canons they thought fit within their own dominions in right of their regal supremacy , the same being inherent in them jure divino , non papali . for we find that in king aetheldreds days , an. . in concilio aenhamensi generali , the canons then made , and afterwards caused by king kanutus to be transcribed , were called the kings canons , not the bishops ; en hujus concilii canones , quos in suas leges passim transcripsit rex canutus , malmsburius aetheldredo regi , non episcopis , tribuit . and the peers of this realm per synodum landavensem were unexcommunicable , nisi prius consulto rege , aut ejus praecepto . which is a plain demonstration , that the kings of england anciently had the supremacy and superintendent ecclesiastical power and jurisdiction inherent in themselves exclusively to all other , either home or forreign powers whatever . ( . ) it is by good authority asserted , that the king as supream , is himself instead of the whole law , yea , that he is the law it self , and the only chief interpreter thereof , as in whose breast resides the whole knowledge of the same ; and that his majesty by communicating his authority to his judge to expound the laws , doth not thereby abdicate the same from himself , but that he may assume it again unto him , when and as oft as he pleases . dr. ridl . view , p. . c. . sect. . consonant whereunto is that which borellus hath , principum placita legis habent vigorem , & eatenus vim legis obtinebunt , quatenus fuerint cum honestate conjuncta . borel . de magist . edict . l. . c. . & roland , à val. cons . . nu . . vo . . and suarez tells us , that princeps est lex viva , & reipsa praecipit , ut lex per scripturam . of which opinion also is alexander , imola , and many others . suar. alleg. . nu . . the grant of dispensations is a peculiar and very considerable part of ecclesiastical jurisdiction , the which is eminently in the crown ; and by the stat. of h. . the archbishop of canterbury may grant dispensations : archiepiscopus possit dispensare contra statutum provinciale per se editum ; et qui potest jus condere , potest illud tollere . lindw . de cler. conju . c. . gl . ult . extr. de elect. c. significasti , &c. intonuit . and in another place , episcopus in quibusdam casibus dispensare potest contra canones . const . otho . de concu . cler. gl . ver . meritis . . the laws and statutes of this realm have been tender of the kings supremacy ever since the forreign power over the state ecclesiastical was abolished ; in the statute of car. . cap. . there is a proviso , that nothing in the said act shall extend to abridge or diminish the kings majesties supremacy in ecclesiastical matters and affairs . and in the stat. of car. . cap. . there is a proviso , that , not any thing therein contained shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs ; but that his majesty , his heirs and successors , may from time to time , and at all times hereafter , exercise and enjoy all powers and authority in ecclesiastical affairs , as fully and amply as any of his predecessors have or might have done . . as no convocations for ecclesiastical constitutions , or for correction or reformation of abuses in the church , can be conven'd without his majesties writ for that end and purpose : so being conven'd , no canons or constitutions that shall then be agreed on , can have any effect in law , or be in force to oblige any of his majesties subjects until his consent thereunto be first had and obtained , and until they shall have the power of ecclesiastical laws by being ratified and confirmed by the supream authority . therefore the archbishop of canterbury may not hold a council for his province without the kings leave ; for when such council was held by hubert archbishop of canterbury , it was prohibited by fitz-peter chief justice , for that he had not the kings license therein , but he would not obey n and e. . rot. parl. m. . there was a writ for a convocation of the clergy of the province of canterbury and pauls ; and another for the other of york , vid. stat. h. . c. . where the clergy of england acknowledge that the convocations of the same clergy are , and always have been and ought to be assembled only by the kings writ . the convocation is under the power and authority of the king. e. . . b. ( . ) after the reign of king h. . this supremacy in the crown was signally exercised by king ed. . styling himself , supream head ( under christ ) of the church of england and ireland , in the preface of his injunctions , given as well to all the clergy as laity of this realm ; the close whereof is as followeth , viz. all which singular injunctions the kings majesty ministreth unto his clergy and their successors , and to all his loving subjects ; straitly charging and commanding them to observe and keep the same , upon pain of deprivation , sequestration of fruits or benefices , suspension , excommunication , and such other coercion , as to ordinaries or others , having ecclesiastical jurisdiction , whom his majesty hath appointed for the due execution of the same , shall be seen convenient : charging and commanding them to see these injunctions observed and kept of all persons , being under their jurisdiction , as they will answer to his majesty for the contrary ; and his majesties pleasure is , that every justice of peace ( being required ) shall assist the ordinaries and every of them for the due execution of the said injunctions . ( . ) the three first articles to be enquired of at the visitations within the province of canterbury in the second year of the reign of the said king edward the sixth , were as followeth , viz. ( . ) whether parsons , vicars and curates , and every of them have purely and sincerely , without colour or dissimulation , four times in the year at the least , preached against the usurped power , pretended authority and jurisdiction of the bishop of rome ? ( . ) whether they have preached and declared likewise four times in the year at least , that the kings majesties power , authority and preheminence , within his realms and dominions , is the highest power under god ? ( . ) whether any person hath by writing , cyphring , preaching or teaching , deed or act obstinately holden , and stand with to extol , set-forth , maintain or defend the authority , jurisdiction or power of the bishop of rome , or of his see heretofore claimed and usurped , or by any pretence , obstinately or maliciously , invented any thing for the extolling of the same , or any part thereof ? likewise by the articles of religion , agreed on by the convocation held in london , and published an. . by the authority of king ed. . it is declared , that the king of england is supream head in earth next under christ of the church of england , &c. and that the bishop of rome hath no jurisdiction in this realm . the like you have in the articles of religion agreed on by the archbishops and bishops of both provinces , and the whole clergy , in the convocation held in london , an. . and published by the authority of queen elizabeth , that the queens majesty hath the chief power in this realm of england , and other her dominions , unto whom the chief government of all estates of this realm , whether they be ecclesiastical or civil , in all causes doth appertain , and is not , nor ought to be subject to any forreign jurisdiction . which articles ( being the articles of the church of england ) were afterwards ratified and confirmed by his majesty , king charles i. of ever blessed memory , by his royal declaration thereunto prefixed , in which declaration you have as followeth , viz. that we are supream governour of the church of england , and that if any difference rise about the external policy , concerning the injunctions , canons , or other constitutions whatsoever thereto belonging , the clergy in their convocation is to order and settle them , having first obtained leave under our broad seal so to do : and we approving their said ordinances and constitutions , provided that none b● made contrary to the laws and customes of the land. likewise in the first of the aforesaid injunctions of king ed. . as also in the first of the injunctions given by q. elizabeth , concerning both the clergy and laity of this realm , published ann. . being the first year of her reign , it is enjoyned , that all deans , archdeacons , parsons , vicars , and all other ecclesiastical persons , shall faithfully keep and observe , &c. all and singular laws and statutes made for the restoring to the crown , the ancient jurisdiction over the state ecclesiastical , and abolishing of all forreign power repugnant to the same , &c. by the statute of h. . c. . appeals to rome are prohibited ; and it is ordained , that in default of justice in any of the courts of the archbishops of this realm , it shall be lawful to appeal to the king in his court of chancery , and thereupon a commission shall be granted , &c. and by a proviso towards the end of that statute an appeal is given to the king in chancery upon sentences in places exempt , in the same manner as was before used to the see of rome . and as by the said statute there may be an appeal to the king in chancery , when the suit is in the archbishops court , or some peculiar exempt : so in some cases the appeal may be to the king generally , as he is supream head of all ecclesiastical jurisdiction within the realm ; for by the statutes made in the time of king hen. . the crown was only remitted and restored to its ancient jurisdiction , which had been usurped by the bishop of rome : ed. . fitz. aid del roy . reges sacro oleo uncti spiritualis jurisdictionis sunt capaces . rex est mixta persona cum sacerdote . et causa spiritualis committi potest principi laico . cassan . in catal. glo . mund . p. . consid . . the king of england , &c. is persona sacra & mixta cum sacerdote , and at his coronation , by a solemn consecration and unction becomes a spiritual person , sacred and ecclesiastical , and then hath tam vestem dalmaticam , as an emblem of his royal priesthood , quam coronam regni in respect of his regal power in temporals , and is supream governour in all causes and over all persons , as well ecclesiastical as civil . the king is supream ordinary by the ancient common law of england , before the statute of h. . cap. . for a resignation might be made to him a ; he might make a grant of a church to a man to hold to his own proper use ; b he might not only exempt any ecclesiastical person out of the jurisdiction of the ordinary , c but also give him episcopal jurisdiction ; he might present to free chappels ( in default of the dean ) by lapse , and that as ordinary , and in respect of his supream ecclesiastical jurisdiction ; d he might dispense with one not lawfully born , to be a priest , e albeit the ecclesiastical laws allowed within this realm do prohibite it ; but the reason is , for that it is not malum in se , but malum prohibitum . in a word , all that the pope was wont to do in such cases within this realm , as provisions , f appeals to rome , g holding plea of spiritual things thence arising h , excommunications by his bulls i , and the like , were no other than usurpations and encroachments on the dignity and prerogative royal. ( . ) in the reign of king h. . an. . the abbots of colchester , reading , and glastenbury , were condemned and executed under colour ( so the author expresses it ) of denying the kings supremacy ; and their rich abbies seized on , as confiscations to the use of the king k : but when the act of supremacy came to be debated in the time of queen elizabeth , it seemed a thing strange in nature and polity , that a woman should be declared to be the supream head on earth of the church of england ; but the reformed party not so much contending about words and phrases , as aiming to oust the pope of all authority within these dominions , fixed the supream power over all persons and estates , of what rank soever , in the crown imperial , not by the name of supream head , but tantamount , of the supream governess . in queen mary 's time there was an act of parliament made ▪ declaring , that the regal power was in the queens majesty as fully as it had been in any of her predecessors . in the body whereof it is expressed and declared , that the law of the realm is , and ever hath been , and ought to be understood , that the kingly or regal office of the realm , and al● dignities , prerogatives royal , power , preheminences , priviledges , authorities and jurisdictions thereunto annexed , united or belonging , being invested either in male or female , are , be , and ought to be , as fully , wholly , absolutely and entirely deemed , adjudged , accepted , invested and taken in the one as in the other . so that whatsoever statute or law doth limit or appoint , that the king of this realm may , or shall have , execute and do , any thing as king , &c. the same the queen ( being supream governess , possessor and inheritor to the imperial crown of this realm ) may by the same power have and execute , to al● intents , constructions and purposes , without doubt , ambiguity ▪ question or scruple ; any custome , use , or any other thing to the contrary notwithstanding . by the tenor of which act made in queen mary 's reign is granted to queen elizabeth as much authority in all the church-concernments , as had been e●ercised and enjoyed by king h. . and king ed. . according to any act or acts of parliament in their several times . which acts of parliament ( as our learned lawyers on these occasions have declared ) were not to be considered as introductory of a new power , which was not in the crown before , but only declaratory of an old , which naturally belonged to all christian princes , and amongst others to the kings and queens of the realm of england . and whereas some seditious persons had dispersed a rumour , that by the act for recognizing the queens supremacy , there was something further ascribed unto the queen , her heirs and successors , ( viz. ) a power of administring divine service in the church ; which neither by any equity or true sense of the words could from thence be gathered , she thereupon makes a declaration to all her subjects , that nothing was , or could be meant or intended by the said act , than was acknowledged to be due to king h. . and king ed. . and further declared , that she neither doth nor will challenge any other authority by the same , than was challenged and lately used by the said two kings , and was of ancient time due unto the imperial crown of this realm , that is , under god to have the sovereignty and rule over all persons born within her realms and dominions , of what estate ( either ecclesiastical or temporal ) soever they be , so as no other forreign power shall , or ought to have any superiority over them . which declaration published in the queens injunctions , an. . not giving that general satisfaction to that groundless cavil as was expected and intended ; the bishops and clergy in their convocation of the year . by the queens authority and consent , declared more plainly , viz. that they gave not to their princess by vertue of the said act or otherwise , either the ministring of gods word or sacraments ; but that only prerogative which they saw to have been given always to all godly princes in holy scripture by god himself ; that is to say , that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal , and restrain with the civil sword the stubborn and evil doers . and lastly , to conclude this tender point , there is in the said act , for the better exercising and enjoying of the jurisdiction thus recognized to the crown , an oath ( as aforesaid ) for the acknowledgment and defence of this supremacy , not only in the queen , but also her heirs and successors . likewise a power given to the queen , her heirs and successors , by letters patents under the great seal of england , to assign and authorize , &c. as she and they shall think fit , such persons being natural born subjects , to exercise , use and occupy under her and them , all manner of jurisdictions , priviledges and preheminencies in any wise , touching or concerning any spiritual or ecclesiastical jurisdiction within the realms of england and ireland , or any other her highness dominions or countries , and to visit , reform , repress , order , correct and amend all such errors , heresies , schisms , abuses , offences , contempts and enormities whatsoever , which by any manner of spiritual or ecclesiastical power , authority or jurisdiction , or can or may lawfully be reformed , ordered , redressed , corrected , restrained or amended to the pleasure of almighty god , &c. this was the foundation of the high-commission court , and from hence issued that commission , by which the queens ministers proceeded in their visitation , in the first year of her majesties reign . chap. ii. of archbishops . . a description of that dignity here in england ; the antiquity , precedency , priviledges and style of the archbishop of canterbury ; with the precincts of that see. . the antiquity , precedency , and style of the archbishop of york ; with the precincts of that see. . what difference between archbishop and metropolitan ; and why called metropolitan . . three archbishops in england and wales , anciently . . the vicissitudes of the christian religion anciently in this island of great britain . . how the third archbishop came to be lost . . the great antiquity of an archbishop in london . . the original of the style , primate and metropolitan . . what the difference anciently between the two archbishopricks of canterbury and york ; certain priviledges of the latter . . whether an archbishop may call cases to his own cognizance , nolente ordinario ? . in what case the clerk is to be instituted by the archbishop , where the inferiour ordinary hath right to collate ; also his power of dispensations . . a case at common law , relating to the archbish . jurisdiction . . certain special priviledges of the archbishop of canterbury . ( . ) archbishop [ ab archos , princeps , & episcopus , superintendens ] is that spiritual person secular , who within that province whereof he is archbishop , hath next and immediately under the king , supream power , authority and jurisdiction in all causes and things ecclesiastical . of such there are only two in england ; one of the province of canterbury , styled metropolitanus & primas totius angliae ; the other of york , styled primas & metropolitanus angliae . under the two archbishops are twenty six bishopricks , whereof twenty two in the province of canterbury , and four in the province of york : so that besides the two archbishops , there are twenty four bishops . the christian religion in england took root first in the see of canterbury ; st. austin , who first preached the gospel to the one , was the first archbishop of the other . canterbury , once the royal city of the kings of kent , was by king ethelbert , on his conversion , bestowed on st. augustine the archbishop and his successors for ever ; and so the chair thereof became originally fixed in that city of canterbury ; cantuarienses archiepiscopi , dorovernenses antiquitus dicti sunt : quia totius anglicanae ecclesiae primates & metropolitani fuerunt . the archbishop whereof , being styled primate and metropolitan of all england , is the first peer of the realm , and hath precedency , not only before all the clergy of the kingdom of england , but also ( next and immediately after the blood royal ) before all the nobility of the realm . sr. edward cok● says more , and lets us to understand , that in ancient time they had great precedency , even before the brother of the king a ; as appears by the parliament roll of e. . and many others , which continued until it was altered by ordinance in parliament in the reign of h. . as appears by a roll of parliament of that kings reign , entred in the back of the parliament roll. the precedency in parliament and other places of council at this day is , that the two archbishops have the precedency of all the lords temporal ; and every other bishop in respect of his barony , hath place of all the barons of the realm , and under the estate of the viscount and other superiour dignities ; and at this day , in all acts , ordinances and judgments , &c. of parliament , it is said , the lords spiritual and temporal . the bishops ( among themselves ) have this precedency , ( . ) the bishop of london ; ( . ) the bishop of duresme ; ( . ) the bishop of winchester b . the archbishop of canterbury , as he hath the precedency of all the nobility , so also of all the great officers of state. he writes himself divina providentia , whereas other bishops only use divina permissione . the coronation of the kings of england belongs to the archbishop of canterbury , and it hath been formerly resolved , that wheresoever the court was , the king and queen were speciales & domestici parochiani domini archiepiscopi . he had also heretofore this priviledge of special remark , that such as held ●ands of him , were liable for wardship to him , and to compound with him for the same , albeit they held other lands in chief of our sovereign lord the king d . all the bishopricks in england ( except duresme , carlisle , chester , and the isle of man , which are of the province of york ) are within the province of canterbury e . the archbishop whereof hath also a peculiar jurisdiction in thirteen parishes within the city of london , and in other diocesses , &c. having also an ancient priviledge , that wherever any mannors or advowsons do belong to his see , they forthwith become exempt from the ordinary , and are reputed peculiars , and of his diocess of canterbury . if you consider canterbury as the seat of the metropolitan , it hath under it twenty one suffragan bishops , whereof seventeen in england , and four in wales ; but if you consider it as the seat of a diocesan , so it comprehends only some part of kent , viz. parishes ( the residue being in the diocess of rochester ) together with some other parishes dispersedly scituate in several diocesses : it being ( as aforesaid ) an ancient priviledge of this see , that the places where the archbishop hath any mannors or advowsons , are thereby exempted from the ordinary , and are become peculiars of the diocess of canterbury , properly belonging to the jurisdiction of the archbishop of canterbury ; whose provincial dean is the bishop of london , whose chancellour is the bishop of winchester , whose vice-chancellour anciently was the bishop of lincoln , whose precentor the bishop of salisbury , whose chaplain the bishop of worcester , and the bishop of rochester ( when time was ) carried the cross before him . lind. const . de poenis , gl . ibid. c. . ver . tanquam . ( . ) the metropolitan see of york had its original at the first reception of the gospel in england , when king lucius established sampson the first archbishop thereof : not long after the conversion of the saxons , paulinus by pope gregory's appointment was made archbishop thereof , an. . this province of york anciently claimed and had a metropolitan jurisdiction over all the bishops of scotland , whence they had their consecration , and to which they swore canonical obedience f . the archbishop of york styles himself , primate and metropolitan of england , as the archbishop of canterbury , primate and metropolitan of all england . about two hundred years since , viz. an. . when george nevil was archbishop of york , the bishops of scotland withdrew themselves from their obedience to him , and had archbishops of their own . the archbishop of york hath precedency before all dukes , not being of the blood royal , as also before all the great officers of state , except the lord chancellour g . of this province of york are the bishopricks of duresme , chester , carlisle , and the isle of man , who write themselves eboracenses , or eborum . the diocess belonging to this see of york contains the two counties of york and notingham , and in them parishes , whereof are impropriations . ( . ) it hath been question'd , whether there be any difference between archbishop and metropolitan ; the dd. herein seem to be divided , some conceiving that there is some difference between them , others affirming that they are both one ; the canon law seems in a sense to favour each of these opinions , saying in one place , that the archbishop as president hath the charge and oversight of the metropolitans and other bishops , . dist . cleros . in another place , that archbishop and metropolitan are but one and the same in deed and in truth , although they differ in name . wilhel . in clem. ult . de privileg . verb. archiepiscopo vers . fin . metropolitanus & archiepiscopus idem sunt . sed metropolitanus nomen trahit à numero ecclesiarum , viz. à [ metro ] mensura , & [ polis ] civitas . otho glo . in verb. archiepiscopus , de offic. archiepisc . he is called archiepiscopus , quasi princeps episcoporum , in respect of the other bishops , whereof he is chief : and metropolitanus , in respect of the number of the cities or cathedral churches where the bishopricks are . lindw . ubi supr . gl . ib. ver . metropolitanum . for the word [ civitas ] doth signifie with us , as it doth in other kingdoms , such a town corporate as hath a bishop and a cathedral church . yet crompton in his jurisdictions , in his computation of our cities , doth omit ely , though it hath a bishop and a cathedral church . thus westminster is called a city , and accordingly there is mention made of a bishop of westminster in a statute made during the reign of king henry . but by letters patents , dated . may eliz. ( in pursuance of an act of parliament of eliz. not printed ) the revenues of that late monastery were vested in the dean and chapter of the collegiate church of westminster , which hath caused errors in the pleadings of some cases , by styling it the cathedral , for collegiate church of westminster . cassanaeus , who wrote as well de gloria mundi in general , as of the customes of burgundy in particular , saith , that france hath within its territories cities , and gives this reason , because there are so many seats of archbishops and bishops . yet sir edw. coke observes cambridge to be a city by ancient record , although it does not evidently appear that it ever was an episcopal see : and in the stat. of h. . c. . it is there called the town of cambridge . ( . ) in england and wales there were anciently three provinces , and over them three archbishops , whose archbishopricks were founded above years since ; for soon after the conversion of king lu●ius ( who began his reign over the britains , an. . ) being prevailed with to embrace the christian faith by the perswasions of elvanus , who had been brought up at glastenbury , and of medwanus , both britains h , and therein confirmed by the divines which eleutherius ( who became pope , an . ) sent into britain for that end and purpose i ; the said king being by them baptized , the false religion of the druids with their idols was soon abolished , heathen temples purged , and then consecrated to the service and worship of the true god , and in the place of twenty eight ●lam●ns were bishops consecrated , the three archbishops whereof were founded in the three chief cities of the then three provinces , erected by the romans where arch-flamins had formerly been maintain'd , viz. at london , the metropolis of britannia prima : at york the metropolis of maxima caesariensis ; and at caerlegion in wales , which is said to be caerleon upon vske , formerly called isca in monmouthshire , the metropolis or chief city of britannia secunda , or under vrbs legionum , cambria k . gildas antiquissimus inter eos , qui fide digni sunt , britannicarum rerum scriptor , tradit britannos ab ortu evangelii christianam suscepisse fidem . ant. brit. ubi supr . ac primum , paulum ipsum , cum aliis gentibus , tum nominatim britannis evangelium nunciasse post priorem suam romae incarcerationem . theodoret. l. . de curand . graecor . affect . origenes , qui proximis fuit post apostolos seculis , testatur britanniam in christianam consentire religionem . orig. hom. . in ezech. lucius , rex britanniae , an. . baptizatus . ab eleutherio , ponti●ice romano , reformationem angliae petiit , episcop . . ordinavit . ant. brit. fo . , , . before the coming of the saxons into england , the christian britains had three archbishops , viz. of london , york and caerleon in wales . the archiepiscopal see of london , was by the saxons placed at canterbury for st. austins sake , where he was buried . that of caerleon being translated to st. davids , and after subjected to the see of canterbury . ( . ) from this time to dioclesians perfecution ( which though the tenth and last , yet the first which the britains felt ) christianity flourished in this island , which ●y that persecution was almost extirpated out of the land , till constantine the great wore the imperial crown , in whose time it revived till the beginning of the next century , when it was infected with the pelagian heresie , till the condemnation thereof in the council of carthage and mela , and happily suppressed by germanus bishop of auxerre , and by lupus bishop of troys in campeigne , who at the request of the english catholicks were sent by the french bishops into england ; as at the same time , and for the same end , palladius was by pope celestine into scotland l . and now the christian religion flourished again till the time of the usurping tyrant vortiger , who after he had slain vodinus archbishop of london m , was himself burnt in a castle besieged by aurelius ambrose , having first surrendred kent , suffolk and norfolk to the infidel he●gist , who with his saxons almost desolated the land ; insomuch that theanus bishop of london , and theodiceus bishop of york , were forced to flie into cornwal and wales , until st. augustines coming hither ( where he then found only one archbishop and seven bishops ) being with forty others as assistants to him , sent hither by pope gregory to convert the nation n ; whom ethelbert king of kent kindly received , and seated him ( as aforesaid ) in a mansion in canterbury , the metropolis of his kingdom o , and assigned him a place to erect a bishops see , who afterwards fixed his seat at canterbury , whichever since hath continued the metropolis of this kingdom : and thus st. austin upon his entrance into england , by the favour and bounty of the said king ethelbert , having fixed his seat at canterbury , the archbishops thereof have by a continual series or succession continued as metropolitans of all england . ( . ) and whereas there were ( as aforesaid ) anciently three archbishopricks in three distinct provinces within this kingdom , whereof that of caerleon upon vske in wales was one , and whereof dubritius in the year was archbishop , who having his seat at landaff , became for his integrity archbishop of all wales , and was upon resignation in his old age succeeded in the archbishoprick by his disciple david , uncle toking arthurn , by whose consent he removed the see to menevia , of which place he still retaineth the name of episcopus menevensis , and the town it self thereupon called twy devi , or saint davids , as taking its denomination from his name ; yet it afterwards so unhappily happened , that sampson a succeeding archbishop , upon a great plague raging in wales , went to dola in little britain , and thither carried the pall with him , whereby st. davids for ever after lost the dignity of an archbishop . and in the time of h. . both that see , and the rest in wales became subject to the archbishop of canterbury , q as at this day p . ( . ) in the time of king lucius , london had an archbishop to whose jurisdiction at that time the greatest part of england was subject ; this archbishop was that theanus forementioned , who was the chief founder and builder of st. peters church in cornhill , london , which was the cathedral of his diocess till king ethelbert built st. pauls church . in this see continued the dignity of an archbishop above years ; but by reason of the saxon persecution stood void , till that ten years after the coming of st. austin , melitus was consecrated bishop of that see , and so it continued ever after as a bishoprick ( which in the days of king lucius was an archbishoprick , as aforesaid ) till st. augustine in the year took on him the title of archbishop of england , setling his see at canterbury . ( . ) upon the abrogating of the popes power in england by king h. . in the seventh year of his reign , it was concluded , that the archbishop of canterbury should no more be styled the popes legate , but primate and metropolitan of all england ; at which time tho. cranmer , fellow of jesus-colledge in cambridge , who pronounced the divorce from queen katharine of spain , upon his advice given the king to leave the court of rome , and to require the opinions of learned divines , being then in germany , procured such favour with the king , that he caused him to be elected to this see of canterbury , and was afterwards , with the then bishop of duresme , made tutor to king edward the sixth r . ( . ) the archbishop of canterbury was supposed to have had a concurrent jurisdiction in the inferiour diocesses within his province ; which is not denied in the case of dr. james s ; only it is there said , that was not as he was archbishop , but as he was legatus natus to the pope , as indeed so h● was before the t●me of king h. . ( as aforesaid ) by whom that power ( together with the pope ) was abrogated , and so it ceased ; which the archbishop of york never had , nor ever claimed t , as appears in the forecited case , where it is further said , that when there is a controversie between the archbishop and a bishop touching jurisdiction , or between other spiritual persons , the king is the indifferent arbitrator in all jurisdictions as well spiritual as temporal , and that is a right of his crown to distribute to them , that is , to declare their bounds ; consonant to that which is asserted in a case of commendam , in colt and glovers case against the bishop of coventry and lich●ield , where it is declared by the lord hobart chief justice , that the king hath an immediate , personal , originary , inherent power , which he executes , or may execute , authoritate regia suprema ecclesiastica , as king and sovereign governour of the church of england , which is one of those flowers , qui faciunt coronam , which makes the royal crown and diadem in force and vertue u . the archbishop of canterbury , as he is primate over all england , and metropolitan , hath a supereminency , and some power even over the archbishop of york ; hath ( under the king ) power to summon him to a national synod , and archiepiscopus eboracensis venire debet cum episcopis suis , ad nutum ejus● , ut ejus canonicis dispositionibus obediens existat . yet the archbishop of york had anciently not only divers bishopricks in the north of england , under his province ; but for a long time all the bishopricks of scotland , until little more than years since , and until pope sixtus the fourth , an. . created the bishop of st. andrews , archbishop and metropolitan of all scotland . he was also legatus natus , and had the legantine office and authority annexed to that archbishoprick ; he hath the honour to crown the queen , and to be her perpetual chaplain : of the forementioned diocesses of his province , the bishop of durham hath a peculiar jurisdiction , and in many things is wholly exempt from the jurisdiction of the archbishop of york ; who hath notwithstanding divers priviledges within his province , which the archbishop of canterbury hath within his own province . ( . ) the archbishop is the ordinary of the whole province ; yet it is clear , that by the canon law he may not , as metropolitan , exercise his jurisdiction over the subjects of his suffragan bishops ; but in certain cases specially allowed in the law , whereof hostiensis enumerates one and twenty x . the jurisdiction of the archbishop is opened sometimes by himself , nolente ordinario , as in the case of his visitation ; and sometimes by the party , in default of justice in the ordinary , as by appeal , or nullities . again , it may sometimes be opened by the ordinary himself , without the party or archbishop , as where the ordinary sends the cause to the archbishop ; for although the canon law restrains the archbishop to call causes from the ordinary , nolente ordinario , save in the said cases ; yet the law left it in the absolute power of the ordinary , to send the cause to the archbishop absolutely at his will , without assigning any special reason ; and the ordinary may consult with the archbishop at his pleasure , without limitation . notwithstanding which , and albeit the archbishop be judge of the whole province , tamen jurisdictio sua est signata , & non aperitur nisi ex causis . nor is the subject hereby to be put to any such trouble as is a grievance ; and therefore the law provides , that neminem oportet exire de provincia ad provinciam , vel de civitate ad civitatem , nisi ad relationem judicis , ita ut actor forum rei sequatur y . ( . ) if the archbishop visit his inferiour bishop , and inhibit him during the visitation , if the bishop hath a title to collate to a benefice within his diocess by reason of lapse , yet he cannot institute his clerk ; but he ought to be presented to the archbishop , and he is to institute him , by reason that during the inhibition his power of jurisdiction is suspended z . it was a point on a special verdict in the county of lincoln , and the civilians who argued thereon seemed to agree therein ; but the case was argued upon another point , and that was not resolved a . likewise , by the statute of h. . c. . the archbishop of canterbury hath power to give faculties and dispensations , whereby he can ( as to plurality ) sufficiently now dispense de jure , as anciently the pope did in this realm de facto , before the making of that statute , whereby it is enacted , that all licenses and dispensations ( not repugnant to the law of god ) which heretofore were sued for in the court of rome , should be hereafter granted by the archbishop of canterbury and his successors . ( . ) by the constitutions and canons ecclesiastical , edit . . can. . it is ordained , that no dean of the arches , nor official of the archbishops consistory , shall originally cite or summon any person which dwelleth not within the particular diocess or peculiar of the said archbishop , &c. without the license of the diocesan first had and obtained in that behalf , other than in such particular cases only as are expresly excepted and reserved in and by the statute of h. . c. . on pain of suspension for three months . in the case of lynche against porter , for a prohibition upon the said statute of h. . c. . it was declared by the civilians in court , that they used to cite any inhabitant of and in london to appear , and make answer in the archbishop of canterbury's high court of arches originally : and dr. martyn said , it had been so used for the space of years before the making of the statute ; and upon complaint thereof made to the pope , the answer was , that any man might be cited to the arches out of any diocess in england : also , that the archbishop may hold his consistory in any diocess within his jurisdiction and province : that the archbishop hath concurrent jurisdiction in the diocess of every bishop , as well as the archdeacon : and , that the archbishop of canterbury prescribes to hold plea of all persons in england . but as to his power of having a consistory in the diocess of every bishop , this was in this case denied , but only where he was the popes legate , whereof there were three sorts : ( . ) legates à latere , and these were cardinals , which were sent à latere from the pope . ( . ) a legate born , and these were the archbishops of canterbury , york , and mentz , &c. ( . ) a legate given , and these have authority by special commission from the pope b . likewise , in the case of jones against boyer , c. b , it was also said by dr. martyn , that the archbishop hath ordinary ▪ jurisdiction in all the diocesses of his province , and that this is the cause that he may visit c . ( . ) the archbishop of canterbury anciently had primacy as well over all ireland as england , from whom the irish bishops received their consecration , for ireland had no other archbishop until the year . for which reason it was declared in the time of the two first norman kings , that canterbury was the metropolitan church of england , scotland and ireland , and the isles adjacent ▪ the archbishop of canterbury was therefore sometimes styled a patriarch d and orbis britannici pontifex , insomuch that matters recorded in ecclesiastical affairs did run thus , viz. anno pontificatus nostri primo , secundo , &c. he was also legatus natus , that is , he had a perpetual legantine power annext to his archbishoprick nigh a thousand years since . and at general councils he had the precedency of all other archbishops abroad , and at home he had some special marks of royalty , as to be the patron of a bishoprick , as he was of rochester ) to coyn mony , to make knights , and to have the wardships of all those who held lands of him jure hominii , although they held in capite other ●ands of the king , as was formerly hinted . he is said to be inthroned , when he is invested in the archbishoprick . and by the stat. of h ▪ . he hath power to grant licenses and dispensations in all cases heretofore sued for in the court of rome , not repugnant to the law of god , or the kings prerogative : as also , to allow a clerk to hold a benefice in commendam or in trust ; to allow a clerk , rightly qualified , to hold two benefices with cure of souls ; to allow a beneficed clerk , for some certain causes , to be non-resident for some time , and to dispense in several other cases prohibited by the letters of the canon law. likewise the archbishop of canterbury consecrates other bishops ; confirms the election of bishops within his province ; calls provincial synods according to the kings writ , to him ever directed ; is chief moderator in the synods and convocations ; he vi●its the whole province ; appoints a guardian of the spiritualties during the vacancy of any bishoprick within his province , whereby all the episcopal ecclesiastical rights of that diocess for that time belong to him ; all ecclesiastical jurisdictions as visitations , institutions , &c. he may retain and qualifie eight chaplains , which is more by two than any duke is allowed by statute to do ; and hath power to hold divers courts of judicature , for the decision of controversies pertaining to ecclesiastical cognizance . chap. iii. of bishops and ordinaries . . bishop , why so called ; not above one to be in one diocess . . why called ordinary ; and what the pallium episcopale is . . bishopricks originally donative ; kings of england the founders thereof . . the manner of election of bishops ; their confirmation and consecration . . their seals of office ; in what cases they may use their own seals . . what follows upon election , to make them bishops compleat ; the grant of their temporalties . . the conge d'eslire , and what follows thereupon . . bishopricks were donative , till the time of king john. . what the interest and authority is , in his several capacities . . episcopal authority derived from the crown . . the vse and office of suffragan bishops . . whether a bishop may give institution out of his own proper diocess , and under other seal than his own seal of office. . several things incident to a bishop qua talis . . ordinary , what properly he is , and why so called . . in what cases the ordinaries jurisdiction is not meerly local . . the ordinaries power de jure patronatûs . . whether the ordinary may cite a man out of his own diocess ; also his right ad synodalia . . the ordinaries power of visitation . . the dignity , and true precedency of the bishops in england . . temporal jurisdiction anciently exercised by bishops in this realm ; the statute of car. . against it , repealed ; and they restored to it by the stat. of car. . as formerly . . the act made in the reign of ed. . concerning the election of bishops ; the endeavours thereby to take away episcopal jurisdiction ; the nomination of all bishops was anciently sole in the king. . the bishops of london are deans of the episcopal colledge . . a case at common law , touching a lease made by one bishop during the life of another of the same diocess in ireland . ( . ) bishop , episcopus , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , supra , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , intendere , an overseer or superintendent , so called from that watchfulness , care , charge , and faithfulness , which by his place and dignity he hath and oweth to the church ; a word which all antiquity hath appropriated to signifie the chief in superintendency over the whole church within his diocess , wherein are divers inferiour pastors . this oversight or care the hebrews call pekudah a . of this office or ecclesiastical dignity there can be but one at a time in one and the same diocess ; whence it is that cornelius bishop of rome ( as eusebius relates ) upbraided novatius for his ignorance in that point b , when he could not but know there were no less than presbyters in that church ; oecumenius and st. chrysostome affirming also , as many at philippi ; for in this restrained sense , as the word [ bishop ] is now taken , it cannot be imagined that there should be more than one in one city or diocess at the same time ; consonant whereunto the synod of nice prohibited two or more bishops to have their seats at once in the same city . this novatius aforesaid was a priest of rome years after christ ; he abhorred second marriages , and was condemned as an heretick in a synod at rome the same year c every bishop , many centuries after christ , was universal incumbent of his diocess , received all the profits , which were but offerings of devotion , out of which he paid the salaries of such as officiated under him● , as deacons and curates in places appointed d . ( . ) under this name or appellation of bishops are contained , bishops , primates , metropolitans , patriarchs , and summus pontifex . dist . . c. . and the presbyters also , c. legimus , § . . dist . . spec. de instr . edit . sect. . vers . de episcopo , and for such commonly used and taken in the new testament e : l. . c. de episc . & cler. in some acts of parliament we find the bishop to be called ordinary f ; and so taken at the common law , as having ordinary jurisdiction in causes ecclesiastical ; albeit in the civil law , whence that word [ ordinarius ] is taken , it signifies any judge authorized to take cognizance of causes proprio suo jure , as he is a magistrate , and not by way of deputation or delegation g . the word [ ordinary ] doth chiefly take place in a bishop , and other superiours , who alone are universal in their jurisdictions ; yet under this word are comprized also other ordinaries , viz. such as to whom ordinary jurisdiction doth of right belong , whether by priviledge or by custome . lindw . de constit . c. exterior . ver . ordinarii . the pallium episcopale , or bishops pall , mentioned ( as sr. ed. coke observes ) in some statutes , and many records and histories , is a hood of white wool , to be worn as doctors hoods upon the shouldiers , with four crosses woven into it , &c. for the form and colours whereof vid. antiq. brit. eccles . fo . . this pallium episcopale is the arms belonging to the see of canterbury h : vid. cassan . de glo . mun . p. . fo . . a. . consid . ubi multa legas de pallio . henry dean , the th archbishop of canterbury , an. . had pallium archiepiscopatus insigne sent him from pope alexander . by his secretary adrian ; which by the bishop of lichfield and coventry , authorized thereto by the pope , was presented him at lambeth in these words , viz. ad honorem dei omnipotentis , &c. tibi tradimus pallium de corpore beati petri sumptum , plenitudinem videlicet pontificalis officii , &c. k , whereupon he swore canonical obedience to the apostolical see of rome . ( . ) the kings of england were anciently the founders of all the archbishopricks and bishopricks in this realm l ; and also in wales , the bishops thereof were originally of the foundation of the princes of wales . bishops in england originally were donative per traditionem baculi pastoralis & annuli , until king john by his charter granted , that they should be eligible . chart. . jan. an. reg. . de commu●i consensu baronum ; after which came in the congé d'eslire . and at this day the bishopricks in ireland are donative : rolls . the patronage of all bishopricks is in the king , so as that he gives leave to the chapters to chuse them m . in ancient times the king gave the bishopricks , and then afterwards gave leave to the chapters to chuse them , as aforesaid n . the learned serjeant roll , in that part of his abridgment touching this subject , makes mention of e. . rot. clauso memb. . in dorso , where there is this protestation made by the king , cum ecclesia cathedralis viduatur , & de jure debeat , & soleat de consuetudine provideri per electionem canonicam ab ejusmodi potissimum celebrandam collegiis , capitulis , & personis , ad quos jus pertinet , petita tamen prius ab illustri rege angliae super hoc licentia & obtenta ; & demum celebrata electione , persona electa eidem regi habeat praesentari , ut idem rex contra personam ipsam possit proponere , si quid rationabile habeat contra eum . and the protestation goes further , that in case the pope makes provision without such canonical election , the king shall not be obliged to give him his temporalties ; yet of grace for the time present he give the temporalties to the abbot elect of canterbury o . thus the election of bishops by deans and chapters began by the grant of the king ; but the grant was to elect after license first had and obtained , as appears by the stat. of ed. . stat. de provisoribus . rastal . d. and king john was the first that granted it by his charter , dated jan. an. . p . william rufus k. after the archbishop of canterbury's death , kept the see without an archbishop for the space of four years , and then assum'd divers other ecclesiastical promotions into his own hands that were then vacant , putting to sale divers rights and revenues of the church q . but king h. . made a law against reservations of ecclesiastical possessions upon vacancies r . in the time of edward the confessor the prelates used to receive investitute from the king by giving them the pastoral staff and a ring s ; and so it was used in the time of h. . but suffragans were invested only by the ring , without the staff , for that they are not bishops so fully and compleatly as the other t . ( . ) to the creation of bishops are requisite , election , confirmation , consecration , and investiture . upon the vavancy of a see the king grants his license under his great seal to the dean and chapter of such vacant cathedral to proceed to an election of such a person as by his letters missive , he shall nominate and appoint to succeed in such vacant archbishoprick or bishoprick ; which election must be within twenty days next after their receiving such license or letters missive ; upon failure whereof they run the danger of a praemunire v or if above twelve days after their receipt thereof the election be deferr'd , the king may by his letters patent nominate or present to such vacant bishoprick , to the archbishop or metropolitan of that province wherein such see is void ; or unto one archbishop and two other bishops , or to four such bishops as his majesty shall think fit , in case upon such nomination or presentment by the king , the default of election by : the dean and chapter be to the office and dignity of a bishop : otherwise , if they elect according to his majesties pleasure in his letters missive , the election is good ; and upon their certificate thereof unto his majesty under their common seal , the person so elected is reputed and called lord bishop elect ; yet is he not thereby compleat bishop to all intents and purposes , for as yet he hath not potestationem jurisdictionis neque ordinis , nor can have the same untill his confirmation and consecration w ; for which reason it is , that if ( after such election and before consecration ) a writ of right be brought in the court of a mannor belonging to such bishoprick ; it is not directed episcopo , but ballivis of the bishop elect. the order of making a bishop consists chiefly in these eight things , viz. . nomination , . congé d'eslire , . election , . royal assent , . confirmation , . creation , . consecration , . installation . vid. grendon's case in plowd . & trin. jac. b. r. sobrean & teige vers . kevan , roll. rep. par . . x . the creation of a bishop is in this solemn manner , viz. the bishops see being vacant , the dean and chapter of that cathedral gives notice thereof to the king , humbly requesting his majesty's leave to chuse another ; the king grants his congé d'eslire : thereupon the dean summons a chapter ; they elect the person recommended by his majesties letters ; that election ( after a first or second modest refusal ) being accepted by the party elected , is certified to the king , and to the archbishop of that province ; hereupon the king grants his royal assent under his great seal , exhibited to the said archbishop , with command to confirm and consecrate him ; upon this the archbishop subscribes his fiat confirmatio , withal giving commission under his archiepiscopal seal to his vicar-general , to perform all the acts requisite for perfecting his confirmation . hereupon the vicar-general in the archbishops name issues a citation , summoning all oppose●s of the said election to make their appearance at a certain time and place , then and there to offer their objections , if they have any : this done by an officer of the high-court of arches ( usually at bow-church , london ) by proclamation thrice , and affixing the said citation on that church-door , an authentick certificate thereof is by the said officer returned to the said archbishop and vicar-general . at the time and place aforesaid the proctor for the said dean and chapter exhibits the royal assent , and the commission of the archbishop , to the vicar-general , who after the reading thereof accepts the same ; then the proctor exhibits the proxy from the dean and chapter , presents the elected bishop , returns the citation , and desires that the opposers may be thrice publickly called ; which done , and their contumacy accused , desires that in poenam contumaciae the business in hand may proceed , which the vicar-general : in a schedule by him read and subscribed doth order . then the proctor gives a summary petition , therein deducing the whole process of election and consent , and desires a time may be assign'd him to prove it , which the vicar-general admits and decrees . after this , the proctor exhibits the royal assent again , with the elected bishops assent ▪ and the said certificate to the archbishop , desiring a time to be presently assigned for final sentence , which the vicar-general decrees . then the proctor desires , that all opposers may again be thrice publickly called ; which done , and none appearing nor opposing , they are pronounced contumacious , and a decree made to proceed to sentence , by a schedule read and subscribed by the vicar-general . whereupon the bishop elect takes the oaths of supremacy , simony , and canonical obedience . after this , the dean of the arches reads and subscribes the sentence . next after the confirmation , follows the consecration of the elected bishop , according to the kings mandate , which is solemnly done by the archbishop , with the assistance of two other bishops , according to the approved rights and ceremonies of the church of england , and in conformity to the manner and form of consecrating bishops , according to the rule laid down in the fourth council of carthage ; about the year , generally received in all the provinces of the western church . after the premises , there issues a mandate from the archbishop to the archdeacon of his province , to install the bishop elected , confirmed , and consecrated ; who ( or his proxy , which is usual ) being in presence of a publick notary introduced into the cathedral church on any day ▪ between the hours of and , by the said archdeacon , doth first declare his assent to the kings supremacy , &c. then the archdeacon , with the canons , &c. having accompanied the bishop to the quire , and placed him in the episcopal seat , doth pronounce as followeth , viz. ego authoritate mihi commissa induco & inthro●izo reverendum in christo patrem , dominum j. s. episcopum ; et dominus custodiat suum introitum & exitum ex hoc , nunc & in saeculum , &c. then after the divine service proper for the occasion , the bishop being conducted into the chapter-house , and there placed on a high seat , the archdeacon and all the prebends , &c. of the church acknowledge canonical obedience to him . and the publick notary , by the archdeacons command , records the whole matter of fact in this affair , in an instrument to remain as authentick to posterity . after all which , the bishop is introduced into the kings presence to do his homage for his temporalties or barony , by kneeling down , and putting his hands between the hands of the king , sitting in his chair of state , and by taking a solemn oath , to be true and faithful to his majesty , and that he holds his temporalties of him. when matth. parker in the second year of queen eliz. . elected to the archbishoprick of canterbury , had his confirmation in the court of arches , according to the usual form in that behalf . this being performed , an entertainment for the vicar general , the dean of the arches , and other officers of that court ( whose presence was requisite at this solemnity ) was provided at the nag●head tavern in cheapside , lond. whereby occasion was taken by the roman adversaries maliciously to report , that the nagshead tavern was the place of consecration : heyl. the form or manner of making a bishop , and of translating him from one bishoprick to another , differs only in this , that in the latter there needs no consecration . and the translation of a bishop to an archbishoprick , differs only in the commission , which is directed by his majesty to four or more bishops to confirm him . ( . ) each archbishop , every bishop , and their officials have their seals of office respectively , which being affixed to a writing , makes the instrument authentick , whereby the use and practice of tabellions or publick notaries ( as in forreign parts ) is with us much abated . for that of a tabellion allowed by authority to engross and register private contracts and obligations , his office in some countries did formerly differ from that of a publick notary , but now they are as one and the same office ; quoniam tabellionum usus in regno angliae , proper quod magis ad sigilla authentica credi est necesse , ut ●orum facilius habeatur , statuimus ut sigillum habeant non solum archiepiscopi & episcopi , sed eorum officiales y . and all bishops , ordinaries , archdcacons , and all others exercising any ecclesiastical jurisdiction , ought to have the kings arms engraven on their seal of office ; but the archbishop of canterbury may use his own seal z . and all process ecclesiastical , and certificates into any court of record , are to be in the kings name , teste the bishop a . but as to the making , admitting , ordering , and reforming of chancellors , commissaries , officials , advocates , proctors , and other officers , ministers and substitutes : this the bishops may do in their own names , and under their own seals b . ( . ) if one be elected , and the temporalties granted to him , yet he is not bishop before consecration . e. . . e. . . quaere , for he may refuse to be bishop after election , and before consecration , but not after . e. . . b. when upon vacancy of a bishoprick the dean and chapter , by virtue of his majesties license , under the great seal of england , hath proceeded to the election of a new bishop in pursuance of , and according to his majesties letters missive on that behalf , and certificate thereof made unto the kings majesty under their common seal , then follows the confirmation , consecration and investiture , by the archbishop or metropolitan of that province , wherein such bishoprick was void , the said election having ( upon such elected bishops oath of fealty to the kings majesty ) been first signified to the archbishop by the king , under his great seal , whereby the said archbishop is required to confirm the said election , and to consecrate and invest the person elected ; and now he is compleat bishop , as well unto temporalties as spiritualties ; yet after his confirmation and before his consecration , the king may ( if he please ) ex gratia grant him the temporalties c . but after his consecration , investiture , and instalment , he is qualified to sue for his temporalties out of the kings hands by the writ de restitutione temporalium d . and yet it seems the temporalties are not de jure to be delivered to him , until the metropolitan hath certified the time of his consecration , although the freehold thereof be in him by his very consecration e . but if during the vacation of archbishopricks , or bishopricks , and while their temporalties are in the kings hands , the freehold-tenants of archbishops or bishops happen to be attainted of felony , the king by his prerogative hath the escheats of such freeholders-lands , to dispose thereof at his pleasure , saving to such prelates the service that is thereto due and accustomed f . before the conquest the principality of wales was held of the king of england , and by the rebellion and forfeiture of the prince , the principality came to the king of england , whereby the bishopricks were annexed to the crown , and the king grants them their temporalties . h. . . ( . ) the manner of making a bishop is fully described in evans and kiffin's case against askwith , wherein it was agreed , that when a bishop dies , or is translated , the dean and chapter certifie the king thereof in chancery , and pray leave of the king to make election ; then the king gives his congé d'es●ire , whereupon they make their election , and first certifie the same to the party elect , and have his consent ; then they certifie it to the king in chance●y , also they certifie it to the archbishop ; and then the king by his letters patents gives his royal assent , and commands the archbishop to confirm and consecrate him , and to do all other things necessary thereunto ; whereupon the archbishop examines the election , and the ability of the party , and thereupon confirms the election , and after consecrates him according to the usage upon a new creation : and upon a translation all the said ceremonies are observed , saving the consecration , which is not in that case requisite , for that he was consecrated before . ( . ) bishopricks were donatives by the king , till the time of w. rufus , and so until the time of king john. read for that the history of eadmerus . vid. case evans vers . ascouth , in ●in . ca● . noy 's rep. it hath been generally held , that before the conquest and after , till the time of king john , bishops were invested by the king per baculum & annulum ; but king john by his charter granted , that there should be a canonical election with three restrictions : ( . ) that leave be first asked of the king. ( . ) his assent afterwards . ( . ) that he shall have the temporalties during the vacation of the bishoprick ; whereof mention is made in the stat. of ed. . de provisoribus , and which is confirmed by the stat. of r. . c. . g . also the law in general is positive therein , that in the making of all bishops , it shall be by election and the kings assent ; and by the h. . the statute for consecration of bishops , makes it more certain : and if the pope after the said charter did use to make any translation upon a postulation without election and assent of the king , it was but an usurpation , and contrary to the law , and restrained by r. . and h. . . and after the h. . it was never used to have a bishop by postulation or any translation of him , but by election , as the said statute prescribes ; and the form of making a bishop at this day , is after the same manner as aforesaid , and according to the said statute . ( . ) the interest and authority which a bishop elect hath , is , that he is episcopus nominis , non ordinis , neque jurisdictionis ; but by his confirmation he hath potestatem jurisdictionis , as to excommunicate and certifie the same , rep. . and then the power of the guardian of the spiritualties doth cease h . but after election and confirmation he hath potestatem . ordinationis , for then he may consecrate , confer orders , &c. for a bishop hath three powers , ( . ) ordinis , which he hath by consecration , whereby he may take the resignation of a church , confer orders , consecrate churches ; and this doth not appertain to him quatenus , bishop of this or that place , but is universal over the whole world : so the archbishop of spalato , when he was here , conferr'd orders . ( . ) jurisdictionis , which is not universal , but limited to a place , and confin'd to his see ; this power he hath upon his confirmation . ( . ) administratio rei familiaris , as the government of his revenue ; and this also he hath upon his confirmation i . the bishop acts either by his episcopal order or by his episcopal jurisdiction ; by the former he ordains deacons and priests , dedicates or consecrates churches , chappels and churchyards , administers confirmation , &c. by the latter he acts as an ecclesiastical judge in matters spiritual , by his power either ordinary or delegated . ( . ) an. . temp. reg. h. . hen. chicheley archiepisc . cant. in synodo constitutum est , ne quis jurisdictionem ecclesiasticam exerceret , nisi juris civilis aut canonici gradum aliquem ab oxoni●nsi vel cantabrigiensi academia accepisset . ant. brit. fo . . nu . . the power of the bishop and archbishop is derived from the crown , as was held in walkers case against lamb ; where it was also held , that the grant of a commissary or official to one was good , notwithstanding he were a lay man , and not a doctor of law , but only a batchelour of law ; for the court then said , that the jurisdiction of the bishop and archdeacon is derived from the crown by usage and prescription ; and that in it self , as it is coercive to punish crimes , or to determine matrimonial causes and probate of testaments , and granting of administrations , being civil causes are derived from the crown , and not incident de mero jure to the bishop , which appears by henslows case , cawdry's case , par . . ed. . c. . the stat. of h. . and divers other authorities , and the statute of h. . c. . is to that purpose k . ( . ) in former times many bishops had their suffragans , who were also consecrated , as other bishops were ; these ( in the absence of the bishops upon embassies , or in multiplicity of business ) did supply their places in matter of orders , but not in jurisdiction l . these were chiefly for the ease of the bishops in the multiplicity of their affairs , ordained in the primitive times , called chorepiscopi , suffragan , or subsidiary bishops , or bishops suffragans , and were titular bishops , consecrated by the archbishop of the province ; and to execute such power and authority , and receive such profits as were limited in their commissions by the bishops or diocosans , whose suffragans they were . what towns or places to be the sees of bishops suffragans , and how many to a diocess , and in what diocesses , appears by an act of parliament made in the reign of king h. . such suffragan bishops are made in case the archbishop , or some other bishop desire the same ; in which case , the bishop presents two able persons for any place allowed by the said act of parliament , whereof his majesty doth chuse one ; but at present there are no suffragan bishops in england . they were no other than the chorepiscopi of the primitive times , subsidiary bishops , ordained for easing the diocesan of some part of his burthen , as aforesaid : by means whereof they were enabled to perform such offices belonging to that sacred function , not limited to time and place by the ancient canons , by which a bishop was restrained in some certain acts of jurisdiction to his proper diocess . of these there were twenty six in the realm of england , distinguished by the names of such principal towns as were appointed for their title and denomination . the names and number whereof , together with the jurisdiction and preheminences proportioned to them , the reader may peruse in the act of parliament made an. h. . ( . ) according to the temporal laws of this land , if a bishop grant letters of institution under any other seal than his seal of office , and albeit it be out of his diocess , yet it is good ; for in cort's case against the bishop of st. davids and others , where the plaintiff offered in evidence letters of institution , which appeared to be sealed with the seal of the bishop of london , because the bishop of st. davids had not his seal of office there , and which letters were made also out of the diocess ; it was held , that they were good enough , albeit they were sealed with another seal , and made out of the diocess ; for that the seal is not material , it being an act made of the institution : and the writing and sealing is but a testimonial thereof , which may be under any seal , or in any place . but of that point they would advise m . ( . ) a bishop , if he celebrate divine service in any church of his diocess , may require the offerings of that day n . he may sequester , if the king present not ; and h. . . by pollard , he must see the cure served , if the person fail , at his own costs o . he may commit administration , where executors being called , refuse to prove the will p . he hath power of distribution and disposing of seats , and charges of repairs of the churches within his diocess q . he may award his jure patronatus where a church is litigious between an usurper and the other ; but if he will chuse the clerk of either at his peril , he ought at his peril to receive him that hath right by the statute r . he may license physicians , chirurgions , schoolmasters , and midwives * . he may collate by lapse . he may take competent time to examine the sufficiency and fitness of a clerk. he may give convenient time to persons interested to take notice of avoidances . he is discharged against the true patron , and quit of disturbance , to whom it cannot be imputed , if he receive that clerk , that is in pursuance of a verdict after inquest in a jure patronatus s . he may have six chaplains , and every archbishop may have eight chaplains t . he may unite and consolidate small parishes ; and assist the civil magistrate in execution of some statutes concerning ecclesiastical affairs . and by the statute of eliz. cap. . any bishop may at his pleasure joyn and associate himself to the justices of oyer and terminer , or to the justices of assize at the open and general sessions to be holden at any place within his diocess , in causes of the church . and the statute made car. . c. . for the disinabling of persons in holy orders to exercise temporal jurisdiction or authority , is repealed by the statute of car. . cap. . whereby they are now enabled to exercise such temporal jurisdiction as formerly ; and is commonly styled the ordinary of that diocess , where he doth exercise his episcopal authority and jurisdiction . in parliament , bishops , as barons , may be present and vote at the trial and arraignment of a peer ; only before sentence of death , or loss of member , be pronounced , ( that they may have no hand in blood in any kind ) they have by canon law the priviledge and injunction to absent themselves ; and by common law , to make proxies to vote for them . ( . ) ordinary , according to the acceptation of the common law with us , is usually taken for him that hath ordinary jurisdiction in causes ecclesiastical u , immediate to the king. he is in common understanding the bishop of the diocess , who is the supervisor , and for the most part visitor of all his churches within his diocess , and hath ordinary jurisdiction in all the causes aforesaid for the doing of justice within his diocess in jure proprio & non per deputationem , and therefore it is his care to see that the church be provided of an able curate , habet enim curam curarum , and may execute the laws of the church by ecclesiastical censures , and to him alone are made all presentations to churches vacant within his diocess . ordinarius habet locum principaliter in episcopo , & aliis superioribus , qui soli sunt vniversales in suis jurisdictionibus , sed sunt sub eo alii ordinarii , hi videlicet , quibus competit jurisdictio ordinaria de jure , privilegio , vel consuetudine . lindw . cap. exterior . tit . de constitutionib . ( . ) the jurisdiction of the ordinary or bishop , as to the examination of the clerk , or as to the admission or institution of him into a benefice , is not local ; but it follows the person of the ordinary or bishop wheresoever he is : and therefore if a clerk be presented to the bishop of norwich , to a church which is void within the diocess of norwich , who is then in london ; or if it be to a bishop of ireland , who is then in england , and in london ; the ordinary may examine the clerk , or give him admission or institution in london : and so it was adjudged c . ( . ) the ordinary is not obliged upon a vacancy to receive the clerk of him that comes first ; for as he may take competent time to examine the sufficiency and fitness of a clerk : so may he give convenient time to persons interessed , to take knowledge of the avoidance , even in case of death , and where notice is to be taken , not given , to present their clerks to it . and perhaps , if he do receive the clerk of him that comes first , yet he may quit himself of disturbance , because he doth nothing therein but as ordinary in law. but if two or more present , so that the title is become litigious , then and in such case he cannot receive the clerk of any ▪ of his own pleasure , except the title be certain , but hath his way of safety by jure patronatus ; and when he hath used the jure patronatus , and that finds for one party , yet he may still receive a contrary clerk if he will , for who can lett him ? but that must be at his own peril , and that is at a double peril , ( . ) that the title be the better : ( . ) that the patron , whose clerk he hath received , will plead and defend that title ; for otherwise he cannot do it . but though after inquest , in jure patronatus , the ordinary may accept the contrary clerk , yet it is against justice and the intent of the law ; for since it is a provision meerly for the good and safety of the ordinary , and he pretends doubt , and therefore puts the patron to this enquiry to his charge and delay to satisfie and secure him , he ought to judge and receive the clerk according to that verdict . and that is the true meaning of the books that say , that the ordinary is to judge of the better title , that is , not to prejudge of his own will , but secundum allegata & probata , upon verdict of the right given , and found according to the form of law , to give institution which is his judgment , and the induction his execution . and though it is but an inquest of office , and therefore binds not ; true it is , it binds not but with a distinction , that is , it binds not the patron in his quare impedit , but is final , even to the true patron , that he cannot impute disturbance to the ordinary , following that verdict , and therefore it ought to bind him to follow it . for to these purposes it is a full verdict , never to be tried again . and if but one present , if the ordinary make doubt of his title , as in many cases he justly may , being a stranger to it , he may require satisfaction by jure patronatus d . ( . ) if it be demanded , whether the ordinary can cite a man out of his diocess ? the common law answers it in the negative ; and so it was held by jones and whitlock justices in brown's case , where they held , that at the common law a bishop cannot cite a man out of his diocess ; and there whitlock held , that the ordinary hath not any power of jurisdiction out of his diocess , but to absolve a person excommunicated e . if one in n. commit adultery in another diocess , during the time of his residence , he may be cited in the diocess where he committed the offence , although he dwell out of the diocess : by coke , warburton , and winch * . and in the time of his visitation he hath jus ad synodalia , according to the custome more or less , as in gloucestershire , where the impropriation of dereburt pays annually s . d . pro synodalibus & procurationibus ; for this synodal is not in this sense here taken as in the statute of h. . cap. . for synodals provincial , which seem to signifie the canons or constitutions of a provincial synod , nor for the synod it self , which the word synodale doth sometimes signifie ; but it is here in the same sense as the word synodies in the statute of h. . cap. . for a synodal is no other than a cense or tribute in mony paid to the bishop or archdeacon by the inferiour clergy . ( . ) every spiritual person is visitable by the ordinary f . so is a dean de mero jure , for he is spiritual g . the ordinary hath also power of correction of a parson h . and every hospital , be it lay or spiritual , is visitable i . by the ancient law of the realm the king hath power to visit , reform and correct all abuses and enormities in the church k . nor are the kings donatives visitable by the ordinary l ; but properly by the lord chancellour m . and the king may grant a special commission to that purpose n . but as to hospitals , if they be spiritual , the ordinary shall visit them ; if they be lay-hospitals , the patron o . in the statute of el. cap. . there is a proviso , that all and singular archbishops and bishops , and every of their chancellors , commissaries , archdeacons , and other ordinaries , having any peculiar ecclesiastical jurisdiction , shall have full power and authority by virtue of this act , as well to enquire in their visitations , synods , and elsewhere within their jurisdiction , or any other time or place , to take occasions and informations of all and every the things above-mentioned , done , committed , or perpetrated within the limits of their jurisdiction or authority , and to punish the same by admonition , excommunication , sequestration , or deprivation , and other censures and process in like manner as heretofore hath been used by the queens ecclesiastical laws . the ancient custome was for the visitor to visit in his own person , & visitare ecclesiatim , per cunctas dioceses parochiasque suas . . q. . c. episcopum e. concil . toletan . ca. . this visitation is a special and peculiar duty belonging to every bishop , as derived from the apostles , who themselves were visitors , and for that end and purpose did pertransire ecclesias & vrbes . the bishop hath his triennials , per archidiaconi visitatio potest fieri singulis annis . extr. de offic. archid. c. mandamus . we find also , that episcopus debet visitare singulis annis parochiam , nisi dimittat propter gravamen ecclesiarum , & tunc mittat archidiaconum , &c. ab. sic. super . . de offic. archid. c. ut archidiaconus . q. . c. decrevimus , &c. episcopum . ( . ) every bishop hath his cathedral and council , and the council and bishop there decide matters of controversie ; the prebends have their names from the affording of help to the bishop . if any clerk , after he hath sworn canonical obedience , should happen to commit episcopicide , he is guilty of petty-treason , and shall suffer as such . whereas heretofore the county of gloucester was a part of the diocess of worcester , out of which it was taken by king h. . when first made a bishoprick ; the diocess of worcester was in the time of king ed . laid to the see of gloucester . dr. heylin 's hist . eccl. p. . next unto the two archbishops , the bishop of london , of all the other bishops , hath the preheminence . episcopus londinensis ( says an ancient record ) speciali quadam dignitate caeteris anteponendus , quia ecclesiae cantuariensis decanus est provincialis . the bishop of duresme ( who is next in precedency ) hath been a count palatine about six or seven hundred years , and hath at this day the earldom of sadberg , long since annexed to this bishoprick by the king. note , a president hath been shewed at common law , that the bishop of durham imprisoned one for a lay-cause ; and the archbishop of york , as his sovereign , cited him to appear before him , to answer for that imprisonment ; and the archbishop was fined four thousand marks . cro. par . . the bishop of winchester was anciently reputed earl of southampton : all the other bishops take place according to the seniority of their consecration , unless any bishop happen to be made lord chancellor , treasurer , privy seal , or secretary of state , which anciently was very usual . all the bishops of england are barons and peers of the realm , have place in the upper house of parliament , as also in the upper house of convocation ; the bishopricks were erected into baronies by william the conqueror at his coming into england , and as a special remark of honour , three kings , viz. of england , scotland , and south-wales , in the year . did contribute their royal shoulders for the conveyance of the deceased corps of hugh , bishop of lincoln to his grave . and no wonder , when princes themselves , and such as were of the blood royal were anciently bishops in this kingdom ; they have been not only of the best nobility , but divers of the sons and brothers of several english kings since the conquest and before , have entred into holy orders and became ecclesiasticks , as at this day is practicable in the most of all other monarchies throughout the whole christian world. ethelwolph , son and successor to egbert , first sole king of england , was in holy orders , and bishop of winchester at his fathers death . odo , brother to william the conqueror was bishop of bayeux in normandy . henry de blois , brother to king stephen , was bishop of winchester . geofry plantagenet , son to king henry the second , was bishop of lincoln . and henry de beauford , brother to king henry the fourth , was bishop also of winchester . ( . ) the statute of car. . cap. . for disinabling persons in holy orders to exercise temporal jurisdiction or authority , being repealed ( as aforesaid ) by the statute of car. . cap. . they are thereby restored to the exercise of temporal jurisdiction as formerly ; which indeed is no more than what they ever anciently exercised in this kingdom ; for , ex clero rex semper sibi eligebat primos à consiliis , primos ad officia regni obeunda . primi igitur sedebant in omnibus regni comitiis & tribunalibus episcopi , in regali quidem palatio cum regni magnatibus , in comitatu una cum comite , in turno cum vice-comite , & in hundredo cum domino hundredi , sic ut in promovenda justitia usquequaque gladii gladium adjuvaret , & nihil inconsulto sacerdote vel episcopo ageretur . this union of persons , authority , and courts of judicature , ecclesiastical and civil , ( as mr. selden proves ) continued above four thousand years , till pope nicholas the first , about the eighth century , to exclude the emperour from medling in the ecclesiastical government , began to exclude the clergy from medling with the civil . and for the space of four or five hundred years , during the reign of the saxon kings in england , the ecclesiastical and secular magistrates sate joyntly together , determining ecclesiastical affairs in the morning , and secular or civil affairs in the afternoon ; so that in those days , as there was no clashing of jurisdictions , so no complaint touching prohibitions , but an unanimous harmony in a kind of joynt-jurisdiction in reference to all ecclesiastical and civil affairs , until william the conqueror , did put a distinction between church and state , in a more divided way than formerly had been practiced . also the excellent laws made by king ina , king athelstan , king edmund , and st. edward the confessor , from whom we have our common laws , and our priviledges mentioned in magna charta , were all made by the perswasions and advice of archbishops and bishops , named in our histories . ( . ) that which during the reign of king edw. . made the greatest alteration , and threatned most danger to the state ecclesiastical , was the act entituled , an act for election , and what seals and styles shall be used by spiritual persons , &c. in which it was ordained , that bishops should be made by the kings letters patents , and not by the election of the deans and chapters : that all their processes and writings should be made in the kings name only , with the bishop's teste added to it ; and sealed with no other seal than the kings , or such as should be authorized and appointed by him . in the compounding of which act there was more danger ( as dr. heylin observes ) couched , than at first appeared . for by the last branch thereof it was plain and evident ( says he ) that the intent of the contrivers was , by degrees to weaken the authority of the episcopal order , by forcing them from their strong hold of divine institution , and making them no other than the kings ministers only , or as it were , his ecclesiastical sheriffs , to execute his will , and disperse his mandates . and of this act such use was made ( though possibly beyond the true intention of it ) that ( as the said dr. heylin observes ) the bishops of those times were not in a capacity of conferring orders , but as they were thereunto impowred by special license . the tenour whereof ( if sanders be to be believed ) was in these words following : viz. the king to such a bishop greeting . whereas all and all manner of jurisdiction , as well ecclesiastical as civil , flows from the king as from the supream head of all the body , &c. we therefore give and grant to thee full power and license , to continue during our good pleasure , for holding ordination within thy diocess of n. and for promoting fit persons unto holy orders , even to that of the priesthood . which being looked on by queen mary , not only as a dangerous diminution of the episcopal power , but as an odious innovation in the church of christ ; she caused this act to be repealed in the first year of her reign , leaving the bishops to depend on their former claim , and to act all things which belonged to their jurisdiction in their own names , and under their own seals , as in former times . in which estate they have continued without any legal interruption , from that time to this . but ( says the same author ) in the first branch there was somewhat more than what appeared at the first sight : for , though it seemed to aim at nothing , but that the bishops should depend wholly on the king for their preferment to those great and eminent places ; yet the true drift of the design was , to make deans and chapters useless for the time to come , and thereby to prepare them for a dissolution . for , had nothing else been intended in it , but that the king should have the sole nomination of all the bishops in his kingdoms , it had been only a reviver of an ancient power , which had been formerly invested in his predecessors ▪ and in all other christian princes . if we consult the records of elder times , it will readily appear , not only that the roman emperours of the house of france did nominate the popes themselves ; but that , after they had lost that power , they retained the nomination of the bishops in their own dominions . the like done also by the german emperours , by the kings of england , and by the ancient kings of spain : the investure being then performed per annulum & baculum , that is , by delivering of a ring , together with a crosier or pastoral staff to the party nominated . ( . ) by ancient right the bishops of london are accounted deans of the episcopal colledge ; and being such , are by their place to signifie the pleasure of their metropolitan to all the bishops of the province , to execute his mandates , and disperse his missives , on all emergency of affairs : as also to preside in convocations , or provincial synods , during the vacancy of the see , or in the necessary absence of the metropolitan . ( . ) in o brian and knivan's case , the case was , that king ed. . under his privy seal signified to sir j. c. and to the lord chancellor , and others in ireland ; that he elected and appointed j. b. to be bishop of ossory : requiring them to instal him in the bishoprick . the deputy being removed , the chancellor and the other made a commission under the great seal of ireland to the bishop of dublin to consecrate him ; which was done accordingly , and he did his fealty , and recovered the temporalties out of the kings hands . afterwards in the life of j. b. queen mary elected j. t. to be bishop there : who was likewis● consecrated , and who made a lease of divers lands of the bishoprick for years , which was confirmed by the dean and chapter . j. b. died ; and after j. t. died j. w. was elected bishop . the questions in the case were , ( . ) whether j. b. was well created bishop ? ( . ) whether this lease made by j. t. being bishop de facto , but not de jure in the life of j. b. he surviving j. b. should be good to bind the successor . resolved , the commission was well executed , although the deputy sir j. c. were removed . ( . ) resolved , that before the statute of eliz. the king might by patent without a writ of congé d'eslire create a bishop , for that was but a form or ceremony . ( . ) resolved , that although j. t. was bishop de facto in the life of j. b. that the lease made by him for years was void , though it was confirmed by the dean and chapter , and should not bind the successor : but all judicial acts made by him , as admissions , institutions , &c. should be good ; but not such voluntary acts as tended to the depauperation of the successor . a bishop made a lease for three lives , not warranted by the statute of eliz. rendring rent ; the successor accepted the rent . it was resolved , it should bind him during his time , so as he shall not avoid the lease , which otherwise was voidable . chap. iv. of the guardian of the spiritualties . . what the office of such a guardian is , and by whom constituted . . the power of such guardians in vacancy of archbishopricks . . what remedy in case they refuse to grant such licenses or dispensations , as are legally grantable . . who is guardian of the spiritualties , of common right . . what things a guardian of the spiritualties may do . ( . ) gvardian of the spiritualties ( custos spiritualium , vel spiritualitatis ) is he to whom the spiritual jurisdiction of any diocess ( during the vacancy of the see ) is committed a . dr. cowell conceives , that the guardian of the spiritualties , may be either guardian in law , or jure magistratus ( as the archbishop is of any diocess within his province ) or guardian by delegation , as he whom the archbishop or vicar general doth for the time depute . guardian of , &c. by the canon law pertains to the appointment of the dean and chapter . c. ad abolend . extr. nè sede vacante aliquid innovetur : but with us in england , to the archbishop of the province by prescription . howbeit ( according to mr. gwin in the preface to his readings . ) divers deans and chapters do challenge this by ancient charters from the kings of this realm . cowell verb. custos . this ecclesiastical office is specially in request , and indeed necessarily in the time of the vacancy of the episcopal see , or when the bishop is in remotis agendis about the publick affairs of the king or state ; at which time presentations must be made to the guardian of the spiritualties , which commonly is the dean and chapter : or unto the vicar general , who supplies the place and room of the bishop b . and therefore if a man recover , and have judgment for him in a quare impedit , and afterwards the bishop ( who is the ordinary ) dieth . in this case the writ to admit the clerk to the benefice must be directed to the guardian of the spiritualties , sede vacante , to give him admission : but if before his admission another be created bishop of that see , and consecrated bishop ; in that case the power of the guardian of the spiritualties doth cease , and the party may have a new writ to the new bishop to admit his clerk c . a guardian of the spiritualties may admit a clerk , but he cannot confirm a lease * . ( . ) the guardian of the spiritualties takes place as well in the vacancy of archbishopricks as bishopricks , and hath power of granting licenses , dispensations , and the like , during such vacancies , by the statute of h. . whereby it is provided and enacted , that if it happen the see of the archbishop of canterbury to be void , that then all such licenses , dispensations , faculties , instruments , rescripts , and other writings which may be granted by virtue of the said act , shall ( during such vacation of the said see ) be had , done , and granted under the name and seal of the guardian of the spiritualties of the said archbishoprick , according to the tenor and form of the said act , and shall be of like force , value and effect , as if they had been granted under the name and seal of the archbishop for the time being . where it is also further enacted , ( . ) that if the said guardian of the spiritualties shall refuse to grant such licenses , dispensations , faculties , &c. to any person that ought upon a good , just , and reasonable cause to have the same , then and in such case the lord chancellor of england , or the lord keeper of the great seal , upon any complaint thereof made , may direct the kings writ to the said guardian of the spiritualties , ( during such vacancy as aforesaid ) refusing to grant such licenses , &c. enjoyning him by the said writ , under a certain penalty therein limited at the discretion of the said lord chancellor or lord keeper , that he shall in due form grant such license , dispensation , faculty , &c. according to the request of the procurers of the same , or signifie into chancery by a day certain , for what cause he refused to grant the same : where , if upon such certificate it shall appear , that the cause of such refusal was reasonable , just , and good , that then it shall be admitted and allowed ; otherwise , there may issue thence by virtue of the said statute a writ of injunction , commanding the said guardian of the spiritualties , so refusing as aforesaid , to make sufficient grant of such license , dispensation , &c. by a certain day ; and if after the receipt of such writ , the guardian of the spiritualties shall yet refuse to grant the same , and shew no just or reasonable cause for so doing , that then and in such case the said guardian of the spiritualties shall incur such penalty to his majesty , as shall be limited and expressed in the said writ of injunction ; and moreover in such case , a commission under the great seal may issue to two spiritual prelates or persons to be nominated by his majesty , authorizing them to grant such licenses , faculties , and dispensations , as were so refused to be granted by the guardian of the spiritualties , as aforesaid : and what in this case is here enjoyn'd to the guardian of the spiritualties during the vacancy of the archbishoprick , is likewise expresly by the said statute to the archbishop himself in time of plenarty or non-vacancy of the see. ( . ) of the metropolitan , the dean and chapter is of common right the guardian of the spiritualties : of inferiour bishopricks in times of vacation , the dean and chapter of the see is of common right the guardian of the spiritualties , and not the metropolitan d . yet e. . quare impedit , . admit . that during the vacancy of the bishoprick of durham , the archbishop of york is guardian of the spiritualties . and e. . rot. claus . memb. . the prior of christ-church in canterbury was guardian of the spiritualties in time of vacation of the archbishoprick . of which archbishoprick the dean and chapter is guardian of the spiritualties in the time of vacancy . also of the archbishoprick of york , the dean and chapter is guardian of the spiritualties in the vacancy thereof , and not the archbishop of canterbury , for that it is a distinct province , not subordinate to , &c. contra h. . . admit . for there a parson of the province of york had aid of the metropolitan guardian of the spiritualties of the archbishoprick of york in time of vacancy of that archbishoprick e . in the case of grange against denny it was said by coke , that of common right , by the common law , the dean and chapter , sede vacante , of the bishop , is guardian of the spiritualties , as appears by pasch . e. . fo . . but that now the archbishops have used to have this by way of composition . and in the same case it was said by doderidge , that every archbishop hath a diocess and a province , and of his diocess he is a bishop , and of his province he is archbishop , and within his province he is to be visitor of all the churches within his province ; and sede vacante of any bishop within his province he himself is guardian of the spiritualties , of all the bishopricks within his province : but sede vacante of his own diocess , the dean and chapter of this is guardian of the spiritualties ; and that no mention is made in the books of the common law of any such composition aforesaid , but that the guardian of the spiritualties is to be according to the difference before put , between a province and a diocess . . the learned serjeant roll in his abridgment doth acquaint us out of the ancient books , that a guardian of the spiritualties may admit and institute a clerk presented to him f . that the king did present to the guardian of the spiritualties of the archbishoprick of dublin ( sede vacante ) for a church in ireland g . that the guardian of the spiritualties may try bastardy h . that letters were directed to all the bishops , and ( in the vacancy ) to the guardian of the spiritualties , to make prayers for the king in his journey in france i . and that the prior of christ-church in canterbury , guardian of the spiritualties during the vacancy of that archbishoprick , had a felon delivered to him k . but in the time of the vacancy of the bishop , the archbishop is guardian of the spiritualties , and not the dean and chapter l . chap. v. of congé d'eslire , election , and confirmation . . what congé d'eslire signifies ; the original thereof . . to whom it is directed , and the manner of proceedings thereupon , and of election . . confirmation of bishops , the form or manner thereof . . confirmation in a temporal , not spiritual sense , what ? . the confirmation of bishops elect beyond sea , far different from this in england . . the law and practice in france , touching the making of bishops . ( . ) congé d'eslire , in french , [ leave to chuse ] is the kings permission to a dean and chapter to chuse a bishop in the time of vacancy a . and time was when this venia eligendi was also the permission royal to an abby or priory of his own foundation to chuse their abbot or prior b . but we now understand it under no other signification than as his majesties leave vouchsafed to a dean and chapter to elect a certain person to succeed as bishop of that diocess , whose episcopal see is vacant . for the better interpretation of this congé d'eslire , the modern pens refer themselves to mr. guin in the preface to his readings , where he saith . the the king of england , as sovereign patron of all archbishopricks , bishopricks , and other ecclesiastical benefices , had of ancient time free appointment of all ecclesiastical dignities , , whensoever they hapned to be void : investing them first per baculum & annulum , and afterwards by his letters patents : and that in process of time he made the election over to others , under certain forms and conditions , viz. that they should at every vacation before they chuse , desire of the king congé d'eslire , that is , leave or license to proceed to election , and then after the election to crave the royal assent , &c. he affirmeth also by good proof , out of the books of the common law , that king john was the first that granted this ; and that afterwards it was confirmed by westminster . cap. . which statute was made an. . ed. . and again by the statute [ articuli cleri ] cap. . which was ordained , an. . ed. . stat. . it is generally agreed , that the kings of this realm were originally the founders of all archbishopricks and bishopricks within this kingdom , being at first donative per traditionem baculi pastoralis & annuli : but afterwards king john by his chapter , jan. in the seventh year of his reign , de communi consensu baronum , granted that they should ever after be eligible . and from that time came in the congé d'eslire . vid. co. . par . . in candry's case . vid. stat. jac. cap. . vid. ed. . cap. . ( . ) the congé d'eslire being granted to the dean and chapter , they proceed accordingly to election , which in the sense here intended , as appropriated to this subject , is that regular choice , which is made of an ecclesiastical person to succeed in the office and dignity of bishop , in , and of that diocess , whose see at the time of such election is vacant . this election referring to an episcopacy , or the choice of a new bishop in a vacant see , is done by a dean and chapter ; but there are also other elections ecclesiastical relating to a regular choice of other persons to other offices and dignities in the church , subordinate to the former ; but here it is specially meant of such an election or choice of a new bishop , as is precedent to confirmation , consecration , and investure or instalment , being made ( as aforesaid ) by the dean and chapter of a cathedral church , by vertue of the kings license and letters missive , according to his majesties nomination and pleasure , contained in such letters missive , in pursuance of such license to elect , under the great seal of england ; which election being made accordingly , the dean and chapter are to return a certificate thereof under their common seal unto his majesty . this election alone and of it self , be it to an archbishoprick or bishoprick , if the person elected were before the parson or vicar of any church presentative , or dean of any cathedral , or held any other episcopal dignity , doth not ipso facto make void in law such former benefice , or dignity , or deanry , because he is not compleat and absolute bishop meerly by such election , but only bishop elect ; and an election only of such one to a bishoprick , who had before a benefice with cure , or any other ecclesiastical dignity or promotion , doth not make a cession thereof c . and it hath been adjudged , that a commendam retinere made to such a person of such a parsonage , deanry , or other dignity ecclesiastical , which the said parson had before his election to the bishoprick , is yet good to him notwithstanding such election , and so remains good to him until his consecration d . ( . ) confirmation hath various senses according to the different acceptation of the word ; but here it is mainly intended for that , which in order to an investure of a bishop , is done by the archbishop or metropolitan of that province in which a bishoprick is void , and unto which a new bishop is to be invested , with such usual benedictions and ceremonies as are requisite to the same e . note , that before an archbishop or other bishop is confirmed , consecrated , or invested , he must take the oath of fealty unto the kings majesty only , after which the king under his great seal doth signifie his election to one archbishop and two other bishops , otherwise unto four bishops within his majesties dominions , thereby requiring them to confirm his election , and to consecrate and invest the person elected . after which confirmation and consecration he is compleat bishop to all intents and purposes , as well to temporalties as spiritualties . and now he hath plenam potestatem tam jurisdictionis quam ordinis ; and may therefore after his consecration certifie an excommengment ; and upon his confirmation the power of the guardian of the spiritualties doth cease f , and a writ for admission of a clerk to a benefice , awarded episcopo electo & confirmato , hath been held to be good g . likewise the king may by his letters patents , after such confirmation and before consecration , grant unto such bishop his temporalties h , which grant from his majesty is held to be potius de gratia quam de jure ; but if the bishop of one diocess be translated to a bishoprick in another , there needs no new confirmation of him . in the canon [ de confirmatione episcoporum ] of othobon's constitutions , it is ordained in haec verba , viz. vt cujus electionis episcopalis confirmatio postulatur , inter caetera super quibus inquisitio & examinatio praecedere debet secundum canonum instituta : illud exactissime inquiratur , utrum plura beneficia cum animarum cura , qui electus est , antequam eligeretur , habuerit : et si habuisse inveniatur , an cum eo super hoc fuerit dispensatum : et an dispensatio , si quam exhibuerit , vera sit , & ad omnia beneficia , quae obtinuit , extendatur . et si in aliquo praemissorum , is ad quem confirmatio spectat electam deficere sua discussione compererit : eidem nullatenus munus confirmationis impendat . ( . ) there is also confirmation of another kind , and far remote in sense from the former , not of any ecclesiastical consideration , nor of any affinity with the other , otherwise than nominal , and that is the ratifying or confirming of an office , or an estate in a place or office , to one who hath or formerly had the possession thereof by a good title , but voidable , though not actually and at present void . to explain this ; a bishop grants his chancellorship by patent to one for term of his natural life : this grant is good to the patentee , and not in it self void ; yet upon the bishops death it is voidable , unless it be corroborated and ratified by the confirmation of the dean and chapter i . this is not the confirmation here intended , but the confirmation of the election of a new bishop in order to his consecration and investure ; which though heretofore was by the bishop of rome , when he claimed a spiritual jurisdiction in this realm ; yet now since the stat. of h. . c. . the same is at his majesties command performed by the archbishop or metropolitan of the province wherein such bishoprick is void , and two other bishops , otherwise by four such bishops within his majesties dominions , as to whom under his broad seal he shall signifie such election , commanding them to confirm the same , as also to consecrate and invest the person whose election to the bishoprick is so confirmed as aforesaid . ( . ) the confirmation of the election of bishops to vacant sees according to the canon law , and as practised in such kingdoms beyond sea , where the pope doth claim and exercise a spiritual jurisdiction , is , as to the mode and solemnity thereof , quite another thing to what the practice is with us in this realm . ( . ) in france , though the nomination of a bishop to succeed in a vacant see belongs to the french king , yet if he doth not nominate within six or nine months next after the death of the former bishop , jus devolutum est ad papam k ; if a bishoprick be there void , be it quomodocunque , whether by cession or otherwise , the law speaks indefinitely in that case , the king shall nominate in france who shall be the new bishop ; but then he must nominate within six or nine months , which being elapsed and no nomination , he cannot afterwards nominate , nam jus sit ad papam dev●lutum : nec poterit purgare moram l . for the law in that case and in that kingdom is , that nominatione non facta intra sex menses , devolvitur nominatio & plena dispositio episcopatus ad papam . as also appears in that remarkable case controverted touching the confirmation of the election , ad episcopatum appamiarum ; for upon the death of cardinal de albret , an. . . dec. that bishoprick became void ; whereupon the canons of that church convened , and proceeded to the election of a new bishop , and chose d. bernard de lordat , who being elected , applied himself archiepiscopo tholosano , tanquam suo metropolitano , saltem vicariis suis , for the confirmation of his election , which was done accordingly ; to which confirmation the procurator regius was not called , who appealed from the said election and confirmation , alledging that the nomination to the bishoprick belonged to the king , who nominated d. john de puis to the pope ; whereupon the pope granted the said bishoprick to the said john de puis , who by the bulls and proxies of the pope took possession thereof . from all which appeal was again afterwards in supremam curiam , between de 〈◊〉 and lordat ; but de puis obtaining another bishoprick , the process on the appeal was extinct , and lordat by a definitive , had the possession of the said bishoprick confirmed to him m . chap. vi. of consecration ▪ . what consecration signifies ; the ancient rites and ceremonies thereof under the law ; who they were to whom it belonged . . consecration , as specially applicable to bishops . . an ancient canon touching the consecration of churches . . the form of consecration of churches by the justinian law , the rites and ceremonies therein used by the greek and latin churches . . consecration of bishops how necessary by the imperial law , consonant to the practice of the greek and latin churches . . consecration of bishops is character indelebilis at the common law. . who first consecrated churches ; who first took the style of pope ; the original of godfathers and godmothers in baptism . . in case of translations of bishops no need of new consecrations ; requisites to creation and translation of bishops according to the common law of england . . consecration here chiefly refers either to bishops or churches : the civil as well as canon law takes notice of both a . it signifies a dedication to god ; justinian in his novel's makes use of the word , thereby signifying an imposition of hands b : for in this manner ( says that book of great antiquity , entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) began bishops to be consecrated . it is a kind of separation of persons ec●csiastical from the laity , and of things sacred from prophane , for the especial use and service of god. the word in the hebrew signifies a filling of the hand , thereby intimating that under the law in the consecration of any , there was a giving them or putting into their hands things to offer , whereby they were admitted to their priestly office c . in this consecration the holy unction was used , or the holy oyl or holy ointment , which was not to be applied to any prophane or civil use , but to be appropiated to the sons of aaron ; only whereas kings were and are to be anointed , that is to be understood , as by especial command from god d , as an exception to the sacerdotal practice , and as a consecrating them to the government ; in relation whereto a king is a mixt person under a double capacity , ecclesiastical and civil , as next under god the supream in church and state within his own dominions . and although under the levitical law there was an anointing oyl common to the high priest with the inferiour priests e ; yet the high priest had a consecration peculiar to himself , which was by the pouring out the precious oyntment upon his head f . in imitation whereof are kings at this day anointed to the regal authority . ( . ) the import of this word [ consecration ] as practicable in all ages , specially refers to archbishops and bishops , and with us consists in certain benedictions and ceremonies peculiarly requisite thereunto ; and when after election and confirmation the person is consecrated and invested , he is then compleat bishop , as well to temporalties as spiritualties , and then the power of the guardian of the spiritualties doth cease . being consecrated he may confer holy orders upon others , and may consecrate churches and chappels , which before he could not . anselm archbishop of canterbury deprived divers prelates for receiving investure of king h. . but after they were restored ex gratia . speed . the roman synod made a cannon , that investure belongs to the pope ; yet h. . used to give investure , as he did to ralph , archbishop of canterbury . sp. . b. ( . ) touching the consecration of churches , the learned sir h. spelman makes mention of a very ancient canon made by the synod held at celichyth , in the year . under wulfred archbishop of canterbury , and president of the said synod , kenulph king of morcia being threat also personally present ; the canon is to this purpose , viz. wherever a church is built or erected , let it be sanctified by the bishop of the proper diocess : let it have a benediction from himself , and be sprinkled with holy water , and so be made a compleat church , in such manner as is prescribed in the ministerial book . afterwards , let the eucharist , which is consecrated by the same bishop , be together with other reliques reposited and laid up in a chest , and kept and preserved in the same church . and we ordain and command , that every bishop take care that the saints , to whom their churches are dedicated respectively , be painted on the church-walls , or in tables , or on the altars g . . the emperour justinian in his care of the church , hath prescirbed a form of consecration thereof in this manner , viz. his law is , that none shall presume to erect a church , until the bishop of the diocess hath been first acquainted therewith , and shall come the lift up his hands to heaven , and consecrate the place to god by prayer : and erect the symbole of our salvation , viz. the venerable and truly precioas rood h . likewise among other ceremonies of consecrating churches , the laying of the first stone was of ancient use in the greek church , as may be observed out of their euchologue , where it is said , that the bishop , after some other rites performed , standing in the place where the holy altar shall be set , saith certain prayers , which being ended , he giveth tho ite missa est , and then taketh up one of the stones , and having cut a cross upon it , himself with his own hands layeth it upon the groundwork , as the first foundation-stone ; then be pronounceth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. and so the workmen begin the building . the like ceremonies are used in the latin church at this day at the consecration of churches , as appears by their pontificale i there is this further touching the consecration of churches in the euchologue of the greek church , that the bishop having on his formilities , fumeth the ground-work or foundation with his iacense circular-wise , then the singing-men say a kind of collect for the saint to whose name the church is dedicated , and some other services as the chaunter shall appoint . so that although the patron might chuse the ground , yet the prelate was to come and consecrate it ; the patron might bring the stones , but the bishop laid the foundation ; the workmen might with the materials make a house , but the bishop by consecration made it a church ; it was but the dead body of a temple , till it received the being of a church by the influence of the diocesan . thence it was that the priviledge of a new church followed not the building , but the consecration thereof , as was well observed by that devout and learned king alured in the fifth canon of his ecclesiastical laws , where he saith that if a man pursued by his enemy flie to the temple , no man shall thence take him away for the space of seven days ; which law was yet made under a caution , that this freedom shall not be granted to any church , but such as shall be consecrated by the bishop . ( . ) consecration relating to the person , office , and dignity of a bishop ( as in the former part of this chapter ) was by the imperial law so necessary to the making him a bishop compleat , as that without it his election and confirmation would not have entituled him to any church that should be new erected within his diocess , whereunto he being consecrated , had a right and title ; as is evident not only by the emperours novel , but also more peculiarly acknowledged by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the setting up of the cross behind the altar when he made the consecration . thus the eucholgue for the greek church . the like also is observed in the latin , where the ceremonies are more tedious and elaborate . by the setting up of the said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the right of the new church was conveyed to the patriarch or bishop as by an especial title , and that not only by the euchologue in the greek , but also by the emperour 's novel in the latin church : concerning which right and the conveyance thereof by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . observable to this purpose is that synodical sentence given by germanus , patriarch of constantinople , against john archbishop of lepanto , touching certain episcopal monasteries , whereon he had illegally fixed his cross under pretence of a right to the same k ( . ) this consecration , specially as it refers to bishops , is character indelebilis , insomuch that although it should so happen , that for some just cause he should be deposed or removed from the see , or suspended ab officio & beneficio , both from his spiritual jurisdiction , as to the exercise and execution thereof , as also from the temporalties and profits of the bishoprick ; yet he still retains the title of a bishop , for that it is supposed the order it self cannot absolutely be taken from him l king h. . banished thurstan , archbishop of york , for five years , for receiving consecration from the pope . speed . b. . b. ( . ) it appears by good chronology , that the first that ever consecrated churches was euginus , who was a greek , and priest of rome , and was the first that ever styled himself pope , an. . who wrote de trinitate & vnitate dei. he was the first that decreed , that churches should be consecrated , with the consent of the metropolitan or bishop ; and that there should be one god-father , and one godmother at baptism m ( . ) in a case of translation the bishop need not to be consecrated de novo , as in case of creation n anciently and according to the canon law , and where the pope's spiritual power and authority was in force , bishops were not so much by election as by postulation , and then the saying was electus postulando , & postulatus obligando ; and in that case the elected was a bishop presently , without either confirmation or consecration , only by the assent of the superiour o before consecration the bishop hath not actual possession , although he hath a freehold in law after consecration : but in case of translation there is not any new election , nor may the dean and chapter pray a congé d'estire ; but they signifie to the king how their bishoprick is void , & ideo humilime postulamus humbricensem episcopum fore episcopum nostrum , and that is called , postulation ; and then if the king grant it , he is the bishop . trin. jac. b. r. sir jo. vaughan's case vers . ascough , roll. rep. postulatio est alicujus personae ad dignitatem , vel societatem fraternam , canonica facta vocatio : vel est personae , quae eligi non potest , ad eligendum petitio . cap. innotuit , § . habito . de elect. the bishop of st. p. was chosen bishop of trevers , and had the assent of the pope , and when he came there he found another in possession ; whereupon he would have returned to his former bishoprick , but could not , because it was void before by the consent of the superiour . and in the case of evans and ascough , it was said , that a bishop hath been summoned to parliament before by confirmation ; but , as jones there said , that was after his possessions or temporalties were restored to him . and caltheep there said , that in the case of translation of a bishop there are five things to be performed , . the chapters intimation of the death of their bishop , praying congé d'estire . . congé al eux d'estire . . a certificate of the election . . the assent of the bishop and the king. . the writ to the archbishop to confirm and install him ; because in such case of translation he shall not be consecrated de novo , as aforesaid . but consecration is necessary to the making of him a bishop who was none before , and is the fourth act in order to a bishop , according to the enumeration of these steps and degrees thereunto , which in the said case of evans and ascough is mentioned by whitlock ; where he faith , that in the making of a bishop when a bishoprick is void , the course is , ( . ) to obtain a congé d'estire . . the kings letters missive , whom they shall abuse . . vpon the election three instruments thereof ; one whereof to the party elected , another to the archbishop , a third to the king , certifying him of the election , and then there is an act of assent to the election , which cannot be without his assent . . the kings writ to the archbishop to consecrate and install the person elected . . then the archbishop issues forth a general citation , and therein doth prefix a certain day for the confirmation , which is done accordingly , and then be is consecrated . then the new bishop swears fealty to the king , which being done the king orders him his temporalties : so that there are three principal acts required to the making of a bishop ; the election is as the sollicitation , the confirmation is the contract , the consecration is the consummation of the marriage : answerable whereunto , said doderidge in the case aforesaid , are the acts of making a parson ; as . presentation , whereto answers the election of a bishop : . admission , to which confirmation answers : . institution , which is as the consecration ; and induction as the restitution of the temporalties p the spiritual marriage between the church and the bishop initurper electionem , contrabitur per confirmationem , & consummatur per consecrationem ; and the restitution of the temporalties is as the bringing home of the wise . chap. vii . of deans and chapters . . what a dean is , why so called ; what dean and chapter signifies ; and what deans rural arc . . the division of deans according to the civil and canon laws ; a question in law touching the deanary of st. martins . . two ways of creating deans ; and in what other senses the word or style of dean is applicable . . four sorts of deans according to the law of the land. . the patronage of deanaries is in the crown . . the dean and chapter of a cathedral , is a corporation spiritual . . a deanary consists of two parts ; the difference between a dean , prebend , and parson ; and that deanaries and archdeacomies are ecclesiastical dignities . . chapter , what ; the several acceptations of that word . . the difference between capitulum and conventus in the canon law. . the description of a chapter as to their constitution and government . . whether one bishop may have two chapters ? . whether the lease of a parsonage in one diocess , annexed to a prebend in another , made by that prebend , be good without the confirmation of that bishop in whose diocess the parsonage is ? ( . ) dean ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , decem ) is an ecclesiastical magistrate , so called , because anciently he presided or had power over ten canons or prebends at the least . sed dicuntur decani rurales , eo quod decem clericis five parochiis praesint . secund. papiam , lindw . de constit . verb. decan . rurales gloss . dean rural , because he usually had charge over ten country parishes . anciently also called archipresbyter , because other presbyters were under his charge . here in england he is commonly called a dean who is next under the bishop , and chief of the chapter ordinarily in a cathedral church , the rest of that ecclesiastical society or corporation being called capitulum , the chapter . dean and chapter is a body corporate spiritual , consisting of many able persons in law , viz. the dean ( who is chief ) and his prebends , and they together make the corporation . and as this corporation may joyntly purchase lands and tenements to the use of their church and successors : so likewise every of them severally may purchase to the use of himself and his heirs . after the death of a prebend , the dean and chapter shall have the profits a and after the death of a dean of a free chappel belonging to the king , the king shall have the profits of the deanary ; for it is at the pleasure whether he will collate a new dean to it b it is likewise held , that a deanary is a spiritual promotion , and not a temporal , by all the judges c and if the nomination and patronage of a deanary be at the appointment of the king , his heirs and successors , and he appoint a dean , yet it is a spiritual promotion d the king makes the corporations of dean and chapter e the chapter of the bishop consists of a dean as the chief , and of the prebendaries , or the like , which are commonly called the chapter f as to the bishop and chapter , which are but one body , their possessions are divided , so as the bishop hath a part for himself , and the chapter the residue g and their possessions also for the most part are divided , the dean having one part alone in right of his deanary , and each particular prebendary a certain part in right of their prebends : the residue the dean and chapter have alike ; and each of them is to this purpose incorporate by himself h in the cathedral churches of st. david and of landaff ; there never hath been any dean , but the bishop in either is head of the chapter ; and in the bishops absence , in the chapter at st. davids and at landaff , the archdeacon . there are also some deans in england without any jurisdiction , only for honour so styled ; as the dean of the chappel royal , and dean of the chappel of st. george at windsor : and some deans there are without any chapter , yet enjoying certain jurisdictions , as the dean of croydon , the dean of battel , the dean of bockin , &c. in the case of the dean and chapter of norwich it is said , that in christian policy it was thought necessary , ( for that the church could not be without sects and heresies ) that every bishop should be assisted with a council , viz. a dean and chapter , ( ) . to consult with them in deciding of difficult controversies of religion ; to which purpose every bishop habet cathedram . ( ) . to consent to every grant the bishop shall make to bind his successors ; for the law did not judge it reasonable to repose such confidence in him alone . at first all the possessions were to the bishop , afterwards a certain portion was assigned to the chapter ; therefore the chapter was before they had any possessions , and of common right the bishop is patron of all the prebends , because their possessions were derived from him . so that so long as the bishoprick continues , the dean and chapter ( being his council ) remains . this word [ dean ] is diversly used by lindwood i who speaking of dean-rurals k describes them to be certain persons that have certain jurisdiction ecclesiastical over other ministers and parishes near adjoyning , assigned unto them by the bishop and archdeacon , being placed and displaced by them : such are the dean of croydon in surrey , the dean of battel in kent , the dean of burian in cornwal , &c. these deans rural are decani temporales , constituted to some ministerial function under the bishop or archbishop * they are certain ecclesiastical persons having certain offices commonly belonging to the bishop and archdeacon , and therefore to either of them belongs the receiving or removing of them ; and their office is temporal , not perpetual , as is the office of the deans of cathedral and collegiate churches , and other churches quibus perpetuo intitulantur l ( . ) the civil and canon laws do chiefly take notice but of three sorts of deans ; the one , he who is impower'd and set over ten souldiers m another , he who is called dean rural , as aforesaid n the third is , a dean of a cathedral or collegiate church , as abovesaid o there is also the deanary of st. martin le grand , lond. concerning which lindwood puts the question , whether it be such an ecclesiastical benefice as in effect may incur such penalties , as may possibly happen to other persons beneficed ? and after deep enquiries into the laws , presidents , and antiquities forreign and domestick , with very delectable variety of great learning hinc inde argumentatively , and pro & con impartially , at last doth conclude it in the affirmative . lindwood , constit . tit . de cohab. cleric . & mul. c. ut clericalis , verb. beneficiati . ( . ) as there are two foundations of cathedral churches in england , the old and the new : ( the new being those which king hen. . upon the suppression of abbies , transformed from abbot or prior and convent , to dean and chapter ) so there are two ways or means of creating these deans ; for those of the old foundation were raised to their dignity much like bishops : the king first issuing and granting his congé d'eslire to the chapter , the chapter thereupon making their election , the king then yielding his royal assent , and the bishop confirming him , and giving his mandate to install him . but those of the new foundation are by a much shorter course install'd by vertue of the kings letters patents , without either election or confirmation . deans of the old foundation ( before the suppression of monasteries ) arrive to their dignities much like bishops : but deans of the new foundations ( upon suppression of abbies or priories , transformed by h. . into dean and chapter ) are by a shorter course installed by vertue of the kings lett. pat. without election or confirmation , it was said by hobart in briggs case , that a dean and chapter are a body spiritual , and annexed to the bishop throughout all england . briggs c. in winch. rep. the same word is also applied to divers that are the chief of certain peculiar churches or chappels , as the dean of his majesties chappel , the dean of the arches , the dean of st. george's chappel in windsor , &c. nec collogia alicui praefecti , nec jurisdictione ulla donati , nomine tamen velut honocis gratia . insignes , says the learned spelman . ( . ) each archbishop and every bishop hath a dean and chapter ; and whereas it was formerly said , that the civil and canon laws do chiefly take notice but of three sorts of deans , it is manifest , that there are four sorts of deans or deanaries , whereof the laws of this kingdom do take knowledge . the first is a dean who hath a chapter consisting of canons and prebendaries , as aforesaid , subordinate to the bishop , as a council assistant to him in matters spiritual relating to religion , and in matters temporal relating to the temporalties of his bishoprick p the second is a dean who hath no chapter , presentative , having cure of souls ; he hath a peculiar , and a court with ecclesiastical jurisdiction therein ; he is not subject to the visitation of the ordinary : such is thè dean of battel in sussex , a deanary founded by william the canquerour in memory of his conquest ; who though he be presentable to the bishop by the patron , and admitted to the deanary by institution and induction by the bishop of chichester , yet is exempt from his visitation . the third is , whose deanary is not presentitive , but donative , nor hath he cure of souls , but is only by covenant or condition ; he hath a court and a peculiar , holding plea of matters ecclesiastical arising within his peculiar over divers parishes . such a dean constituted by commission of the metropolitan , is the dean of the arches , the dean of bocking in essex , and divers others . the fourth is the rural dean aforesaid , having no absolute judicial power in himself , but is only by the direction of the bishop or archdeacon , to order and prepare ecclesiastical affairs within his deanary and precinct ; the power of these rural deans is at this day nigh extinguished by the office of the archdeacon and the bishops chancellor ; yet in some parts of this realm it is still in force . ( . ) of these four sorts of deans , the first , as was said , hath a chapter , being an ecclesiastical governour secular over the canons and prebendaries in the cathedral church , as the dean of canterbury , st. pauls , &c. the patronge of all which deanaries is in the crown , and doth not belong to any subject . also , the new deanaries ( as was formerly hinted ) which were translated from priories and covents , or were after the dissolution of abbies and monasteries founded by king h. . or other kings of this realm are now donative , and the deans thereof are by the kings letters patents installed : but the ancient deans of chapters are ( as bishops ) by a congé d'eslire , and are after confirmed by the bishop . ( . ) the dean end chapter of canterbury are , during a vacancy of that archbishoprick , guardians of the spiritualties , to whom the stat. of h. . of dispensations , giveth power of dispensation when that see is vacant q the dean and chapter of any cathedral make a corporation spiritual , and at the common law challenges are allowed where the issue concerns a corporation , and they to make the pannel , or where any of their body are to go on the jury , or any of kin unto them , though the body corporate be not directly a party to the suit : a dean and chapter bringing an assize , a juror was challenged , because he was brother to one of the prcbendaries r and the challenge for that reason allowed s if a dean take an obligation to him and his successors , it goes to his executors ; which holds true also as to a bishop , parson , vicar , &c. t ( . ) a deanary consists of two parts , viz. officium & beneficium ; the officium hath two parts , the one is dignity and jurisdiction , the other is administration : but some promotions are meer administrations , as prebends and parsons , which are not dignisies , because they have not jurisdiction , h. . but an archdeacon hath a dignity , because he hath a jurisdiction u so hath a dean , to whom anciently ( according to lindwood ) the canons made their confessions , et quod canonici quead euram animarum subsunt decano . lindw . de poenit. c. . gloss . in verb. vel decano , & in ver . decanum & capitulum . who ought to visit his chapter , . e. . . and if a probend be made a dean , the prebendary is void by cossion , e. . f. brieff . . also a dean may make a substitute as to the matters of his jurisdiction , as for corrections , or visitations ; but not as for the other part , viz. the administration : for which reason he cannot make a deputy to confirm leases , and the like x so that in a deanary cathedral there seems to be , ( ) dignity and jurisdiction , ( . ) office and administration , ( . ) the behefit or profits thereof ; which seems very clear , for that a parson , a prebend , or the like , hath not dignity , but only the office or administration , with the profits ; but a dean , who hath administration as others , hath also jurisdiction and dignity . the law is also the same as to an archdeacon , h. . . h. . . h. . . and a writ brought against a dean is good and sufficient without his proper name , because it is of it self a name of dignity : and that a deanary is a dignity , appears by e. . . breve . as aforesaid ; and it is an office also , for that in ancient times , a dean took the confessions of his prebends , as was likewise hinted before . also a dean may by his dignity make a deputy to correct , &c. but not as to his judicial office , as to confirm leases , and the like y by the canon law , he that is the archipresbyter , is also called dean , scil . presbyterorum vel ecclesiae . cap. ad . haec , de offic. archidiac . cano. innovamus , . distinct . and because the dean of a church ( understand it of the roman church ) in locum archipresbyteri subrogatus est . rotae decis . . in novis — & rursum , in decis . . the archipresbyter was so called , because he was in some certain matters and causes set or appointed over the priests or presbyters , and such as were of the sacerdotal office , specially in the absence of the bishop ; cap. . & . de offic , archipresb . the dean is such a dignity , that the canon law styles him , honorabiliorem partem capituli ; cap. post electionem . c. . de concess . praebend . c. cum inter ca. . & ibi panor . & gloss . de elect. and in a large sense a dean may be said to be the chief of any that are of the same state and order ; gloss . in rubr . de decanis , lib. . c. & ibi alceat . and so the canons of the church of constantinople , tanquam digniores , were by honorius and theodosius called decani : l. non plures . de sacros . eccles . lib. . c. tit . . and the more honourable inter rotae auditores , is the dean of the pope's chappel , propter ministerium , quod vocatur mithrae . lud. gomes . in proaem . ad reg. cancell . de prothonotariis . the truth is , the canon law in express terms says , that deconatus , or a deanary , est nomen speciale dignitatis : cap. cum illis vero , § . illis de praebend . in . that is , when it refers to praeeminency in any church cathedral or collegiate ; gemin . cons . . nu . . ver . expressit . de deconatu . for as to deans rural , it is otherwise : cap. licet canon . de elect. in . the dignity , qua talis , belonging properly to the other , viz. decano capituli , who is caput principale ipsius ; yet under the notion or appellation of a chapter , the dean thereof is not comprehended , unless he be specially mentioned or nominated : rebuff . in tract . nominat . q. . nu . . & barbos in decret . c. post electionem . de concess . praebend . nu . . ( . ) chapter , capitulum , so termed by the canonists , not properly , but metaphoricaily , quasi a little head , or a kind of head , not only to rule and govern the diocess in the vacation of the bishoprick , but also when the see is full to assist the bishop as a council , by way of advice in matters pertaining to the diocess : vid. panor . in cap. capitulum , extra de rescript . the chapter consisting of a dean , canons , and prebends , is clericorum congregatio sub uno decano in ecclesia cathedrali ; or it signifies , congregationem clericorum in ecclesia cathedrali , conventuali , regulari , vel collegiata . of these chapters some are ancient , some new ; the new are those which were founded or translated by king henry the eighth in the places of abbots and covents , or priors and covents : or those which are annexed unto new bishopricks founded by h. . as were bristol , chester , and oxford . this word capitulum , or chapter , hath ( in addition to the premisses ) other significations in lindwoods provincials , where he speaks de capitulis ruralibus , of chapters rural , lindw . tit . de constit . cap. quia incontinentiae , gloss . verb. capitulis ruralibus ; and there acquaints us with no less than six significations of this word . sometimes ( says he ) it is taken for the place , in quo fiunt communes tractatus collegiatorum . sometimes it is taken for the place , in quo fiunt disciplinae delinquentium : cap. reprehensibilis in fi . extr. de appell . sometimes it is taken pro decretali vel abia certa distinctione sacrae scripturae : cap. cum supr . extr. de sepult . sometimes it is taken , pro capitulis ruralibus , as aforesaid , that is , when in lecis minus insignibus , viz. in rure constitutis , known by the name of conventus in otho's constitutions : cap. sacramenta , ad finem , ver . conventib . sometimes it is taken for a collection of persons , adinvicem de his quae eis incumbunt in locis ad hoc assignatis tractantium ; and being taken in this sense , it may be understood sometimes for persons congregated in a metropolitan or cathedral church , and sometimes for persons congregated in a church conventual , regular or collegiate : and each of these last may in a large sense be said to be a collegiate church , according to the description thereof , viz. that ecclesia collegiata est collectio hominum simul viventium ; but to speak properly , that is capitulum , which is respectis ecclesiae cathedralis : that conventus , which is respectu ecclesiae regularis : and that collegium , which is respectu ecclesiae inferioris , ubi est collectio viventium in communi . and sometimes capitulum is taken for a collection of many persons , not living in common , sed ob tracatus communes inter se habendos , ad aliquem locum constuentium ; according to which , a convening together of many rectors , vicars , and other ecclesiastical persons , ob tractatus communes inter se habendos , etiam dicitur capitulum z panormitan understands it , pro collectione seu pro collegio ipsorum canonicorum ; but withal says , it hath divers significations , all which he comprizes in this one verse , distinguit , minuit , locat , & collectio fertur . distinguit , when one subject is distinguished from another in any tract or treatise : minuit , when it stands diminutively , capitulum , quasi parvum caput , as aforesaid , understand it secundum modum : locat , when it is taken for the place it self where the canons are met or conven'd : collectio , and so it is taken pro ipso collegio , as aforesaid ; panorm . de rescript . extr. c. capitum . whereof there are three inseparable signs , as one common seal , one common stock or treasure , and one common head or rector . ( . ) by the canon law the words , capitulum , conventus , coetus , and concilium , are as it were synonymous ; but the terms , capitulum and conventus , are frequently used promiscuously : but to speak properly according to that law , conventus is said to be congregatio ecclesiae regularis ; and capitulum or a chapter is said to be congregatio ecclesiae secularis a the word [ chapter ] taken ( as here ) in a proper canon-sense , is a name collective , having a plural signification ; yet in reference to different things , may be accommodated as well to the singular as the plural . ( . ) a chapter ecclesiae cathedralis , consists of persons ecclesiastical , canons and prebendaries , whereof the dean is chief , all subordinate to the bishop , to whom they are as assistants in matters relating to the church , for the better ordering and disposing the things thereof , and for confirmation of such leases of the temporalties and offices relating to the bishoprick , as the bishop from time to time shall happen to make b it seems that at the common law , by the gift or grant of lands to a dean and chapter ( being a corporation aggregate ) the inheritance or fee-simple may pass to them without the word [ successors , ] because in construction of law such body politick is said never to die c this must be understood only in reference to their taking of the thing granted , in their politick , not natural capacity . ( . ) one bishop may possibly have two chapters , and that by union or consolidation , as in the bishop of waterford's case , who had the bishoprick of lismore and the chapter thereof united to that of waterford : in which case although the chapter of lismore , only confirmed the grants of lands belonging to lismore , and the chapter of waterford only confirmed the grants of lands belonging to the bishoprick of waterford ; yet because the union there was not extant , the judges held the confirmation in manner aforesaid to be good ; but otherwise all the judges held , that both chapters ought to have confirmed d for it seems if a bishop hath two chapters , both must confirm his leases e ( . ) a parsonage in the diocess of w. is annexed to a prebend in s. the prebend makes a lease for years , which is confirmed by the bishop , and dean and chapter of s. it was held by the court to be good , without the confirmation of the bishop of w. in whose diocess it is . in eyre's case it was resolved , that chapters are not of a capacity to take by purchase or gift without the dean , who is their head. and in the case of eaton-colledge , where a lease was made by the dean and chapter of the colledge of eaton , whereas they were incorporated by the name of the dean and chapter of the colledge of st. maries of eaton ; resolved , that the lease was void for the misnosiner . yet , whereas the dean and canons of windsor were incorporated by act of parliament , by the name of the dean and canons of the kings free-chappel of his castle of windsor , and they made a lease by the name of the dean and canons of the kings majestie 's free-chappel of the castle of windsor , in the county of berks : resolved , the lease was good ; for although the king in the act of parliament calls it his castle , yet when another speaks of it , it is more apt to call it the castle , and therefore such variance shall not avoid the lease . likewise , whereas christs-church in oxon is incorporated by the name of dean and chapter ecclesiae cathedralis christi de oxon : and they made a lease by the name of dean and chapter ecclesiae cathedralis christi in academia de oxon ; and the liberties de academia did extend further than the liberties of the city ; yet it was adjudged a good lease , because the substance of the corporation was inserted in the words of the lease . chap. viii . of archdeacons . . what an archdeacon is ; his office and jurisdiction . . the several kinds of archdeaconries ; and how many in england . . whence the archdeacons power is derived , and whether a quare impedit doth lie of it or not ? . in what case action lies against an archdeacon , for refusing to give induction to a clerk instituted by the bishop . . archdeaconry not comprized under the notion of a benefice with cure of souls . . process of quorum nomina prohibited by the canon to be issued by any archdeacon . . how often an archdeacon may have his visitation ; and what his office or power therein is . . how a person ought to be qualified , that may be an archdeacon : it is an ecclesiastical dignity . . cardinal otho's constitution touching the archdeacons government in his visitations . . how archdeacons are distinguished at the canon law. . conformity thereto in the practice of the common law. . a case at common law , touching a lease for years of a glebe made by an archdeacon . . the same case somewhat otherwise reported . , whether a quare impedit lies of an archdeaconry . ( . ) archdeacon , from [ archos ] princeps or chief , and diaconos , deacon , that is , the first or chief of the deacons : sum. host . de offic. archid. &c. . de scrut . in ord. fac . being ( according to the canon law ) such , as hath obtained a dignity in a cathedral church , to have the priority among the deacons , and first in jurisdiction next after the bishop ; sum. host . ibid. for as of common right all ecclesiastical matters within the diocess appertain to the cognizance of the bishop , so under him to the archdeacon , excepting only such things as by law are specially prohibited a . and therefore is said to be dignified with this title , for that in many things he doth supply the room of the bishop , to whom he is in precedency to others subservient , and unto whom his service chiefly relates b every bishop ( be it archbishop or other ) hath under him an archdeacon for the better discharge of his cure. he hath jurisdiction of common right , which may vary according to circumstances and the custome of the place ; and therefore in some cases it is jurisdictio ordinaria , in others it is delegata . and although regularly ( as such ) he doth not exercise any jurisdiction within the church it self , yet it cannot be denied but that an archdeaconry is an ecclesiastical dignity : fran. de aret. in concil . . his office and jurisdiction by the canon law is of a far larger extent , than is now practicable with us , otherwise we should not there find him so frequently styled oculus episcopi , for that he is by the very law the bishops vicar in several respects , and therefore may ( where the bishop himself conveniently cannot ) keep the triennial visitations , or not oftner than once a year , save where emergent occasions do require it oftner . he hath also under the bishop the power of examination of clerks to be ordained , as also of institution and induction ; likewise of excommunication , injunction of penance , suspension , correction , dispensations of hearing , determining and reconciling of differences among the clergy , as also of enquiring into , inspecting , and reforming abuses and irregularities of the clergy , with a power over the sub-deacons , and a charge of the parochial churches within the diocess . in a word , ( according to the practice of , and the latitude given by the canon law ) to supply the bishops room , and as the words of that law are , in omnibus vicem episcopi gerere . synt. jur . l. . cap. . de archidiacono . ( . ) the diocesses within this realm of england are divided into several archdeaconries , they being more or less in a diocess according to the extent thereof c respectively , and in all amounting to the number of threescore : and they divided again into deanaries , which also are subdivided into parishes , towns , and hamlets . of these archdeaconries some are by prescription , some by law d , and some by covenant . which difference hath this operation in law , that the jurisdiction of an archdeaconry by prescription , or de jure , is exclusive to the jurisdiction of the bishop , insomuch that a prohibition lies for such archdeacon against the bishop , if he intermeddle juridically with any matters or things within such archdeaconries : otherwise it is where the archdearonry is only by contract or covenant made between the bishop and the archdeacon ; for in that case , if the bishop so intermeddle within the jurisdiction of such archdeacon , or hold plea within the same , he can have but an action of covenant against the bishop , and no prohibition lies in that case e . the cognizance which the archdeacon hath , is of matters meerly ecclesiastical , to which end he or his commissary may hold his court , where , and in what places the archdeacon either by prescription or composition hath jurisdiction in spiritual causes within his archdeaconry ; and from him the appeal is to the diocesan f . ( . ) an archdeaconryship being only matter of function , and ( as supposed ) not properly local , nor any indenture made of it , it hath been some question heretofore , whether a quare impedit doth lie of it , or not ? but it was held in the affirmative , for that an archdeacon hath locum in choro g . the power of an archdeacon was derived from the bishop , and to him he is subordinate : to which purpose the opinion of the court in hutton's case upon a quare impedit was , that if a suit be before an archdeacon , whereof by the statute of h. . the ordinary may license the suit to a higher court ; that the archdeacon cannot in such case balk his ordinary , and send the cause immediately into the arches : for he hath no power to give a court , but to remit his own court , and to leave it to the next ; for since his power was derived from the bishop to whom he is subordinate , he must yield it to him of whom he received it ; and it was said in that case , that so it had been ruled heretofore h . ( . ) if after the clerk hath been presented by the patron , and admitted and instituted by the bishop , the archdeacon shall refuse to induct him into the benefice , an action upon the case lieth for the clerk against the archdeacon i . he hath power to keep a court , which is called the court of the archdeacon , or his commissary ; and this court is to be holden where and in what places the archdeacon either by prescription or composition hath jurisdiction in spiritual causes within his archdeaconry . and from him the appeal is to the diocesan . ( . ) although by the canon law , if one having a benefice with cure of souls accepts an archdeaconry , the archdeaconry is void ; yet it is conceived , that upon the stat. of h. . . the law is qualified in that point by reason of a proviso there , viz. provided that no deanary , archdeaconry , &c. be taken or comprehended under the name of a benefice , having cure of souls , in any article above-specified ; and to this opinion did wray and the other justices incline in vnderhill's case k . and indeed an archdeaconry , by the express letter of that statute , is exempt from being comprehended under the name of a benefice with cure ; for the words are , that no deanary , archdeaconry , chancellorship , treasurership , chantership , or prebend in any cathedral or collegiate church , nor parsonage that hath a vicar endowed , nor any benefice perpetually appropriate , shall be taken or comprehended under the name of a benefice having cure of souls l . ( . ) by the ecclesiastical constitutions and canons of the church , of england , no archdeacon ( nor indeed any other ecclesiastical judge ) may suffer any general process of quorum nomina to issue out of his court : except the names of those to be cited be first expresly entered by the register or his deputy under such process , and both process and names first subscribed by such archdeacon , or other ecclesiastical judge , or his deputy , with his seal thereto affixed . and in places where both the bishop and archdeacon do by prescription or composition visit at several times in one and the same year , the archdeacon or his official , shall within one month next after the visitation ended that year , and the presentments received , certifie under his hand and seal to the bishop or his chancellor , the names and crimes of all such as are presented in his said visitation , to the end the chancellor may not convent the same person for the same crime , for which he is presented to the archdeacon ; which course the chancellor is in like manner to observe , in reference to the archdeacon , after the bishops visitation ended . the which was ordained , to prevent the prosecution of the same party for the same fault in divers ecclesiastical courts m . and in cases of remitting causes from the inferiour judge , the archdeacon cannot remit the cause to the archbishop ; but he must remit it to his bishop , and he to the archbishop . trin. jac. ( . ) the archdeacon within the jurisdiction of his archdeaconry may by vertue of his office have his visitation , if he so please or need shall require , once every year ; but of necessity he is to have his triennial visitation : lindw . de offic. archid. c. . verb. visitatione gloss . but whether of common right and by the jus commune the archdeacon may visit within the jurisdiction of his archdeaconry is some question , yet resolved by distinguishing whether the visitation be made per modum serutationis simplicis by the archdeacon , as the bishops vicar , and so he may visit of common right : but if in such enquiries he take upon him nomine suo proprio to correct faults , other than such small ones as wherein custome may warrant him ; in such case it is held , that he hath not power of visitation de jure communi : lindw . ibid. and in all such things as belong to his visitation he hath jurisdiction , and by custome over lay-persons as well as over the clergy : it seems therefore he may do all such things , as without the doing and dispatch whereof his jurisdiction could not clearly appear ; l. cui jurisdictio ff . de jurisd . om . jud. and therefore wherever he may take cognizance of a matter , there he may also give sentence and condemn ; extr. de caus . poss . & propr . c. cum super. & de offic. deleg . c. ex literis . which is supposed to hold true by custome , and inasmuch as the cognizance and reformation of such matters do belong to the ecclesiastical court ; whence it is that an archdeacon may impose a penalty on lay-men for the not repairing their parish-church within his jurisdiction ; extr. eod . c. ult . & extr. de offic. ord. c. . & lindw . ubi supr . verb. imperitiam . for it is expresly enjoyned and ordained , that archdeacons and their officials , shall at their visitation of churches , take the condition of the fabrick thereof into special consideration , specially of the chancel ; and in case there be need of reparations , shall set or fix a time within which such reparations shall be finished , which time is likewise to be set under a certain penalty : lindw . de offic. archidiac . c. archidiaconi . ( . ) by the canon law a man cannot be an archdeacon under the age of years ; can. nullus in propositum , dist . and by the council of trent he ought to be a licentiate in law or divinity ; cons . trid. . cessio de reform . general . can. . they are called the chief of the deacons ; c. . de scrutin . in ord. faciend . in whom there is an ecclesiastical dignity inherent jure communi : and in some places they have this dignity sine officio ; for innocentius observes , that in ecclesia parmensi archidiaconus nullum exercet officium , & nihilominus dignitatem habet : innocent . in c. de multa de praebend . but regularly , according to the canon law , archdeacons as to their dignity , office , and degree are to be reputed according to the law , usage , and custome of their own church and chapter ; hostiens . sum. de offic. archid. the archdeacon is oculus episcopi , and ipso jure his vicar in visitations , corrections , and dispensations in matters ecclesiastical within his jurisdiction , he hath power of reforming the clergy , of examining and presenting to the bishop such as are to be ordained , and of putting into possession such as are presented , instituted and inducted into ecclesiastical benefices . ( . ) cardinal otho , in his canon de archidiaconis , hath ordained , that all archdeacons do prudently and faithfully visit the churches within their respective archdeaconries , as touching the sacred vessels and vestments thereof , and generally to enquire into the temporalties and spiritualties belonging to the same , and that they endeavour to amend what they find amiss : also , that they grieve not the churches with superfluous charges or expences , but require only moderate procurations in their visitations ; wherein they may not presume to receive money of any when crimes are to be corrected or punished , nor sentence any unjustly , on purpose to extort money from them , on pain of double the sum to pious uses at the discretion of the bishop , besides other ecclesiastical punishment . constit . othonis , de archdiaconis . ( . ) the canon law doth distinguish of archdeacons ; the whole title throughout [ de offic. archidiac . ] regularly speaks of an archdeacon general , who hath not any archdeaconry distinctly limited , sed tanquam vicarius fungitur vice episcopi vniversaliter , and doth represent the bishop : extra . de consue . non putamus . otherwise it is in him who hath a distinct limitation of his archdeaconry , for then he hath a jurisdiction separate from the bishop , which , where it is by custome , may be prescribed : gloss . in ver . visitent . dict . const . otho . consonant to this seems that difference which the judges took in the case between chiverton and trudgeon , wherein they held and agreed , that there is a jurisdiction of one archdeacon , and there is the jurisdiction of another , which is but a peculiar jurisdiction ; for the archdeacon is an officer who hath a court of his own , in which he hath the probat of testaments de jure : and doderidge justice said , that he is a principal officer belonging to the bishop , & est quasi oculus episcopi ; but otherwise it is of one who hath but a special jurisdiction , as the archdeacon of richmond hath to make institutions ; and so h. . . the dean of pauls in that case hath special authority in st. panchridge . hill. jac. b. r. case chiverton and trudgeon : roll. rep. ( . ) in the case between gastrell and jones , it was said by ley chief justice , that it is to be considered , what authority the archdeacon hath in his own nature , as such , and what power he may have by prescription , or otherwise : the archdeacon is a minister subordinate to the bishop , viz. deputy and vicar , or an officer under him , for , in case of induction , the bishops warrant is necessary to impower him to give the same ; he hath also judicial power , but it is not exclusive to the episcopal authority , but the bishop is his superiour : both are judges , but the one subordinate to the other , &c. and if sentence be given in the archdeacons court , the appeal thence shall not be in the bishops court , but in the archbishops : and if a man dies intestate , having goods within the archdeacons jurisdiction , and other goods within the jurisdiction of the ordinary , the archbishop ( as he said ) shall commit the administration to the archdeacon . ( . ) the archdeacon of h. having the parsonage of a. appropriate to it , lett the land parcel of his glebe for fifty years , in anno eliz. the bishop of e. patron of the archdeaconry , and the dean and chapter confirm it ; the archdeacon dies , another is collated to the archdeaconry . it was the opinion of the justices in this case , first , that the confirmation by the bishop was not void , for that it was but an assent only to the lease of the possession of the archdeaconry , and not of the bishop , and therefore not within the statute of eliz. the second point was , whether this lease was void by the statute of eliz. quaere , for not resolved . mich. & eliz. b. r. sir edw. denny and eakenstall 's case . cro. par . . ( . ) the same case reported by more ; an archdeacon having a parsonage appertaining to his archdeaconry before the statute of eliz. made a lease for forty years of the parsonage , which was confirmed after the statute ; adjudged the lease and confirmation both good . arkingsall , or eakenstall , and denny's case . more 's rep. ( . ) a quare impedit was brought by the executors of j. s. for not suffering them to present to the archdeaconry of d. which became void in the life of the testator , and the writ and count both supposed a disturbance to the testator in his life , in nunc retardationem executionis testamenti praedict . in this case it was resolved ( . ) that a quare impedit did lie of an archdeaconry . ( . ) that the writ as brought should abate , because it was in nunc retardationem , which cannot be of a disturbance in the life of the testator . but it was agreed , that the executors might have a special action upon the case for their disturbance . trin. eliz. b. r. smalwood and the bishop of coventry and marshes case . cro. par . . chap. ix . of procurations , synodals , and pentecostals . . procuration , what ; whence so called ; and how paid . . whether procurations be only due ratione visitationis . . procurations anciently paid in victualibus , and not in money ; how paid to archdeacons in lindwoods time . . whether procurations may be payable by custome to archdeacons sine visitatione ? . archdeacons to visit personally ; if otherwise , then how the procurations are payable . . not above one procuration to be paid ; how that is to be understood . . the number of the visitor's attendants by the council of lateran in reference to procurations ; and how many an archdeacon may have by the canon . . synodals , the threefold signification of that word . . the synodal anciently called cathedraticum & synodaticum : what the cathedraticum was , why so called ; the original thereof , and how it differs from procuration . . pentecostal , what it is ; when , by , and to whom payable ; the probable original thereof . . a remarkeble case relating to this subject , that was resolved and adjudged in ireland . ( . ) the ordinary at his visitation may by the canon require his synodals or procurations , extr. de cens . c. procurationes ; that is , a certain cense or tribute in money paid to the bishop or archdeacon by the inferiour clergy at easter-visitation ; called synodale or synodaticum , quia in synodo frequentius dabatur . so that these procurations are no other than certain sums of money which the parochial clergy do annually pay to the ordinary or archdeacon ratione visitationis . anciently they were paid in provisions of victuals necessary for the visitor and his attendants , now converted into money instead thereof : so that this procuratio is by vallensis aptly defined , necessariorum sumptuum exhibitio , quae , ratione visitationis , debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus & onus visitandi , sive is sit episcopus , sive archidiaconus , sive decanus , sive legatus summi pontificis . an. . m. quod die mercurii in festo sanct. lucae evang. dominus episcopus coepit procurationem in cibis & potibus apud bordesley , & pernoctavit ibidem a . whence the word procuration is supposed to have its derivation , even from the duty incumbent on the visited in procuring of necessary accommodations for the visitor and his attendants as aforesaid ; which seems the more probable by what duarenus says , hoc autem munus ideo procuratio vocatur , quia ecclesiae episcopum procurant , id est , curant , alunt , ac tuentur . ( . ) it hath at times been smartly controverted , whether procurations be due only ratione visitationis , or whether the payment thereof may legally be enforced without the act of visiting , and not exclusively to archdeacons in the years of episcopal visitations ? for if so , then the foresaid description which vallensis makes thereof , is not adequate enough to the nature of the thing ; of which opinion grounded on solid arguments , is the learned author of the historical discourse on this subject b . ( . ) anciently ( as aforesaid ) these visitation-procurations , or exhibitio necessariorum sumptuum , as vallensis calls it , was no other than victuals : for by the council of lateran ( not the great general council under innoc. . ) but that under alex. . above thirty years before , about an. . visitors are so directed to proceed in the execution of their visitations , as that sumptuosas epulas non quaerant , sed cum gratiarum actione recipiant quod honeste & competenter illis fuerit ministratum . that these procurations were originally paid in victualibus , appears by several constitutions of the canon law. extr. de censib . c. cum apostolus , & de censib . c. romana , § . procurationes . consuetudo tamen ( says lindwoods gloss ) operatur in pluribus locis , ut procuratio hujusmodi sumatur in pecunia ; quae consuetudo bene potest procedere , ut sumatur à volentibus sic in pecunia solvere , non autem à nolentibus . extr. benedict . . &c. foelicis , & gl . lindw . ubi supr . but that was only where the custome prevailed , the canon anciently being peremptory to the contrary ; for in the sext. there is a constitution made by innoc. . ( who became pope an. . ) and afterwards ratified by a general council at lions under greg. . about an. . forbidding ( sub poena maledictionis aeternae ) the taking of money in lieu of procurations ( vel à volentibus sic solvere ) c. . § . procurationes , &c. exigit . eod . in sexto , & ibi gloss . in casu ; and the ordinary penalty practiced in this case against visitors of any rank inferiour to patriarchs , archbishops , or bishops , that should presume to receive procurations otherwise than in victualibus , was suspension ab officio & beneficio . and this way of paying procurations ex antiquo , continued till the time of boniface . who succeeding in the papacy about twenty two years after gregory , made a constitution about the year , that it should be lawful to any visitor ( volentibus visitatis , not otherwise ) vice victualium to receive , not to exact , money towards the defraying of their visitation-charge . gloss . in ver . dispendia , c. foelicis , eod . in sexto : which by benedict . . in the second year of his popedom , about . was by a canon or constitution limited to a certain sum , according to the quality of the visitor , and the condition of the visited , which may take place , where it is not otherwise limited by custome ; the procurations of archdeacons being in lindwood's time , as he informs us , ( which was in henry the fifths reign , above two hundred years since ) the sum of seven shillings six pence , according to the number of his attendants , viz. twelve pence to each man , and eighteen pence to the archdeacon himself , which ( comparing the value of money then with the times now ) was considerable . ( . ) the question is not , whether procurations are due ratione visitationis ; but whether they are only due ratione visitationis , and not otherwise ? it is supposed that they are and may be due otherwise than ratione visitationis , and that therefore archdeacons may receive procurations in the l. bishop's triennials , and yet visit not ; for custome seems to lay a just claim to this ecclesiastical payment of procurations sine visitatione , where the custome is rationabilis & legitime praescripta . time was , when archdeacons had jus visitandi quolibet anno , and so accordingly did visit , & eâ ratione received procurations . lindw . de offic. archid. c. . gl . in ver . visitation . & extr. de offic. archid. c. mandamus , gl . in ver . saepius visitare . and sometimes they visit not , as in the episcopal triennials , yet by the custome do and may receive their procurations ; understand this only of some , not all archdeacons . ( . ) the canonists define procuration to be an exhibition sumptum necessariorum paid to the prelates , qui dioeceses peragrando ecclesias subjectas visitant . and it is a rule in the canon law , quod nulla est adversus procurationem praescriptio . inst . ju. can. l. . de censib . and by the same law the archdeacon is to go personally to the place that is to be visited , and ought not for that purpose to send another ; which if he doth not so do , he is not to receive in denariis the procurations due ratione visitationis . extr. de cens . c. procurationes . notwithstanding the person whom he commissionates for that purpose nomine suo , shall receive the procurations for himself and his attendants in victualibus . ar. ad hoc de offic. ord. c. si episcopus , l. . & de censib . c. . &c. foelicis , de cens . lindw . glo . de offic. archid. c. ut archidiaconi , ver . videant . these procurations are called also proxies , cenag . & pentecostal . per. an . l. s. ita archidiaconatus glouc. valet clare in proxis c , which is a profit of jurisdiction . archidiaconis inhibemus ne aliquo modo procurationes recipiant sine causa rationabili , nisi illo die quo personaliter visitant . provin . constit . de offic. archid. ( . ) the ordinary may not receive above one procuration , that is , he may not of the same church exact one procuration from the rector , another from the vicar ; if he hath the procuration in victualibus of the rector , he ought to receive nothing of the vicar , nec è contra ; for one procuration of one church for one day is held sufficient : dict . c. foelicis , de censib . nor do the canons allow above one procuration , in case there be more churches than one visited in one and the same day ; the reason whereof in law , because the visitation is the principal , the procuration is but the accessory , and the visitation only of one day ought not to have the procurations of more , nor ought the accessory to exceed the principal . lindw . ibid. de censib . c. quamvis , & gl . ib. ver . canones . nor ought there to be paid above one procuration for the mother-church and the chappel thereto belonging , when they are visited . can. ibid. ver . una ecclesia . yet there are canonists of very good authority , as andraeas and others , who holding the contrary , do positively assert , that every chappel dependent ( if peopled and of ability ) shall pay its own proper procuration at times of the ordinary visitation , for that the bishop is to have a respect to every individual member of his diocess . it is therefore distinguished and confessed , that this is true , when the chappel dependent hath a curate proper of its one , and distinct from , or other than the curate of the mother-church : but otherwise when the rector of the superiour church , is curate of both , only doth exercise the cure in the said chappel by a vicar not perpetual , but temporal and removeable ad libitum . gl. in d. ver . una ecclesia . lindwood on this occasion puts the question , whether in case the church be of one diocess , and the chappel thereto annexed or united , or dependent thereon , of another ; whether in that case there shall at the visitation be but one procuration paid for both ? he resolves it thus , viz. that if the ordinary of the place where the said chappel stands , hath formerly had there his visitation , and procuration , ratione visitationis ejusdem , then and in that case the power of visiting the same , nor by consequence the procuration due ratione visitationis , is not taken away from that ordinary by such union or dependency . gloss . ibid. in ver . ecclesia . ( . ) by the aforesaid council of lateran all visitors were limited to a certain number of visitation-attendants , according to their several qualities , as archbishops to the number of forty or fifty men with their horses ; the bishop to twenty or thirty ; cardinals to twenty five ( though they could not digest such an undervaluation ) archdeacons to five or seven ; deans ( that is , archipresbyteri rurales , as the gloss expounds it ) to two only : gl. in ver . decani . extr. eod . c. cum apostolus . extr. com. de censib . c. vas electionis . and the truth is , the archdeacon ( according to the canon ) may not have in his ordinary visitation above the number of seven persons ; if he exceed that number , there is not any procuration due for the supernumeraries . lind. de cens . & procurat . c. . ver . excedant , & glo . ibid. & gl . in ver . visitationis , & gl . ib. in ver . debitam . ( . ) the word synodale seems to have three significations , as ( ) it seems to signifie conventus or a meeting , in the same sense with synodus , as being taken for the meeting or synod it self , and so used by gregory . in his epistle to the bishops of the provinces of baiory and almany , catholica sanctorum patrum authoritas jubet , ut bis in anno pro salute populi christiani seu exhortatione adoptionis filiorum synodalia debent celebrari , &c. this epistle you have cited by cardinal baronius , in the eighth tome of his annals about the year . ( ) it seems to signifie the acts done at a synod , as well as the synod it self ; and in this sense you have it in the tripartite history , where mention is made of a synod of bishops assembled at antioch out of divers provinces , who sent the emperour jovinian a copy of the nicene creed , hunc libellum ( meaning the said creed ) in collectione synodalium sabini conscriptum invenimus . in which place synodalia seems to import the acts of that synod collected by that sabinus . ( ) it signifies a cense or tribute in money paid to the bishop , or to some other for his use by the inferiour clergy . the forementioned author of the historical discourse of procurations , &c. acquaints us , that in the second part of the appendix to the third general council of lateran there is an epistle of pope alex. . to certain archdeacons and deans , reproving them for extorting of moneys from the clergy sub diversis nominibus , in a fraudulent kind of way ; et hujusmodi exactionem ( saith that epistle ) ut eam liberius videamini exigere ; quandoque consuetudinem episcopalem , quandoque synodalia ; quandoque denarios paschales appellantes . and in this sense is the word synodale here used and taken , which the archdeacon claims not so much jure communi ecclesiastico , as by composition with , or prescription from the bishop . ( . ) this synodal or synodical duty was anciently known by two other names which now are grown obsolete , the one cathedraticum , probably from the original cause thereof , being ob honorem cathedrae episcopalis : the other synodaticum , from the time of payment , both used promiscuously . the former of these , viz. the cathedraticum was a cense of two shillings paid by the inferiour clergy to the bishop , as appears by the acts of certain councils of bracar and toledo , as also by the constitutions and rescripts of popes , ilud te volumus modis omnibus custodire , ne qui episcoporum siciliae de parochiis ad se pertinentibus , nomine cathedratici , amplius quam duos solidos praesumant accipere . . q. . c. illud , &c. placuit , ibi , &c. so honorius . expresseth two shillings nomine cathedratici . extr. de offic. jud. ordin . c. conquerent . & gl . ibid. in ver . duos solidos ; which is a pension paid to the bishop à qualibet ecclesia secundum loci consuetudinem ; as panormitan . upon that text , abb. c. conquerent . de offic. jud. ord. the reason of this payment was ( according to hostiensis ) in argumentum subjectionis , & ob honorem cathedrae . hostiens . in sum. de censib . ex quibus ver . cathedraticum autem . and the council of bracar ; placuit ut nullus episcoporum per suas dioeceses ambulans , praeter honorem cathedrae suae , id est , duos solidos , aliud aliquid per ecclesias tollat ? cited in the decree , . q. . c. placuit . note , that the cistersians by virtue of their order were priviledged from being present at the synodical meetings assembled by the bishop within his diocess , and from the payments of those synodals . gloss . in ver . episcopus , c. episcopus non debet , dist . . extr. de majoris & obed. c. . quod supr . & gl . ib. in ver . diocoesana . this cathedratick-payment began , when the revenues of the church first came to be divided and alotted to several ministeries ; then it was that this payment was first made to the bishop by the beneficed clergy within his diocess . duaren . ut supr . & l. . c. . fo . . it is probable that this division of the church revenues was not far distant in time from the first or original distinguishment of parochial bounds , upon which affair pope euaristus , otherwise called anacletus graecus , did first enter about the year . volateran . l. . anast . biblioth . & baron . annal. ad an. . nu . , , . and was afterwards carried on by pope dionysius , about the year . baron . annal. ad an. . nu . . parochial distribution in england was by theodorus archbishop of canterbury , about the year . spelm. concil . : but speed saith , by honorius the fifth archbishop also of canterbury , about the year . it may not hence be inferr'd , that this cathedraticum or synodal was only paid ratione synodi ; for it was sometimes , and very anciently paid also at visitations , as appears by the seventh council at toledo , mentioned in the decree , . q. . c. inter caetera , & casus ibi , where there is a canon against the exacting of more than two shillings only pro cathedratico in episcopal visitations . this cense or payment , though it be onus ecclesiasticum , yet it is not onus innovatum , but onus ordinarium , and by imposition of law ; as appears by the provincial constitutions , solutio cathedratici , synodatici , & procurationum , ratione visitationis , & alia hujusmodi , de quibus non dubitatur quin sunt onera ordinaria , suum capiunt effectum ab impositione legis . lindw . de offic. vic. c. quoniam . gl . in ver . onera ecclesiastica . yet procurations differ from the other in this , that procurations are only pensions , but the other are properly census . the synody or synodal is by the stat. of h. . reckoned as a church-due , for recovery whereof provision is made by that act ; and good reason , for the said synody or synodal , is a pension certain and valued in the king's books . ( . ) the aforesaid ingenious author of the historical discourse touching procurations , &c. after his deep search into antiquity , doth conjecturally conceive , that the pentecostal , otherwise called whitson-farthings , is nothing else but the annual commemoration , continuation or repetition of an ancient payment or pension , issuing out of the oblations brought by the people long since , specially at the time of the foundation or dedication of their several churches , or at some other solemnity , viz. the moiety or third part of the oblations then made . the same being reserved by the bishop , and by a contract ( seu quasi contractu ) between him and the founder of such church , or priest assigned to attend the same , settled in and upon the episcopal see , and payable yearly at or about the feast of pentecost . these pentecostalia were not ( as some conceive ) the peter-pence here anciently paid , for they were usually paid either at the feast of st. peter and paul , or on lammas day ; but these pentecostals seem to be paid upon or about the time that doth chiefly denominate the same , viz. at the feast of pentecost ; and in the nature thereof seem to have reference to an oblation frequently made by the christians in the elder times of the church , and to have some tendency to that liberal devotion which was then as frequent , as sacriledge is now . in leg. guilielm . conquestor , de denariis s. petri , seu vectigali romano , viz. liber homo qui habuerit averia campestria denariis aestimanda , dabit denarium s. petri. pro denariis quos donaverit dominus , quieti erunt bordarii ejus , & ejus boner , & ejus servientes . burgensis , qui de propriis catallis habet id quod dimidia marca aestimandum est , det denarium s. petri. qui in lege danorum est liber homo , & habet averia campestria , quae dimidia marca in argento aestimantur , debet dare denarium s. petro. et per denarium quem donaverit dominus , erunt quieti ii qui resident in suo dominico . vid. s●ldeni ad eadmerum notae & spicelegium , p. . leg. . by this law of william the conquerour it appears , that the peterpence had no affinity with the pentecostals . in ancient times when the bishop did visit ecclesiatim , his usage was to celebrate the mass in the church which he visited , which indeed was every parish within his diocess , and that by his episcopal authority , the whole diocess in respect of the bishop being by the law but paroechia sua , . q. . c. quia . & duarenus , passim . as the whole province is said to be in respect of the lord archbishop of canterbury . at this mass the people used to make their offerings to the bishop , and one of the causes or reasons , why or wherefore the people in ancient times were obliged to bring their oblations to the church , was propter consuetudinem , and that certis festivitatibus , among which the feast of pentecost was and is a most special one ; at which feast there was in many places here in england an oblation , anciently made by inferiour churches and parishes to the principal mother-church , and whence probably the word pentecostalia had its original denomination . these offerings by the canon law were and are only due to the clergy , and interdicted to the laity , sub districtione anathematis . . q. . c. quia sacerdotes , &c. sanct. patrum , ibi . in some places the deans and prebendaries of cathedral churches have them ; it is said , that in the cathedral church of salisbury there is a greater and a l●ss , distinguished and known by this difference of major & minor pars altaris . and in some diocesses they are settled upon the bishop and archdeacon , and made part of their revenue , for which the king hath tenths and subsidies . the cathedral or the mother-church of worcester was anciently , and before the dissolution , a priory , and among other revenues had these pentecostalia or whitson-farthings yearly paid , sub nomine oblationum or spiritual profits tempore pentecostes : after the dissolution , when king h. . about the three and thirtieth year of his reign new-founded and reendo'wd the said church , he restored these pentecostalia ( after he had h●ld them about a year in his own hand ) to the said church , which ( as it is reported ) the dean and prebendaries thereof receive at this day , and as appears by the letters patent : henricus octavus , &c. sciatis quod nos de gratia nostra speciali , ac ex certa scientia , ac mero motu nostris dedimus & concedimus , ac per praesentes damus & concedimus decano & capitulo ecclesiae cathedralis christi & beatae maria virginis wigorn. omnes illas oblationes & obventiones , sive spiritualia proficua vulgariter vocat , whitson farthings annuatim collect . s●ve recepta de diversis viliatis in comitat. nostris wigorn. warwic . & 〈◊〉 . infra archidiaconatum wigorn & tempore pentecost . oblata dicto nuper prioratui beatae mariae wigorn. modo dissolut . dudum spectan . & pertinen . &c. ex archivis decani & capit. wigorn. but in glocester , it seems , it is otherwise ; for there the bishop and the archdeacon only receive them : nor can the dean and prebendaries that now are of the cathedral make any just claim to them . for before the suppression these pentecostals were ( inter alia ) valued to the archdeacon in the kings books , as part of the revenue of the archdeaconry . and as for procurations aforesaid , although they are ( as dr. cosen says ) ratione visitationis plerumque praestandae , yet not solummodo so ; and thence it is held , that they are in some places payable to the archdeacon jure consuetudinario , even in the bishops triennial year , sine visitatione , on the archdeacons part . ( . ) to this purpose remarkable is that case of proxies , which sir john davis , the kings attorney general in ireland , reports to have been there resolved and adjudged . the case was this ; the bishop of meth , before the dissolution of monasteries , had a proxy of fifteen shillings four pence payable yearly out of the commandry of kells in the county of meth , parcel of the possessions of the hospital of st. john of jerusalem in ireland ; and one other proxy of twenty shillings payable yearly out of the impropriate rectory of trevet in the same county , parcel of the possessions of the abbey of thomascourt in the county of dublin . in the thirty third year of king h. . the said hospital and abbey were suppressed and dissolved , and all the possessions of both the said houses were vested in the actual possession of the crown by act of parliament : but in the said act there is an express , saving the proxies to all bishops and their successors . afterwards the bishop of meth and his clergy ( for that bishoprick hath not any dean and chapter ) by deed inrolled , dated march h. . granted to the said proxies ( inter alia ) to king h. . his heirs and successors ; the king being at the time of the grant , and after , in the actual possession of the said commandry and rectory , out of which the said proxies were payable . afterwards queen elizabeth , by her letters patent dated primo novemb. in the thirty third year of her reign , demised the said commandry and rectory to dr. forth . and now whether he shall be charged with these proxies , and the arrearages thereof , after the commencement of the lease , was the question ; and it was adjudged , that he should be charged therewith . in the argument of this case there were three points moved and debated ; ( ) whether the proxies were wholly extinct by the suppression and dissolution of the said religious houses , notwithstanding , the said saving in the act of dissolution ? ( ) whether the bishop could grant the proxies to the king ? ( ) whether the proxies in the hands of the king were extinct by the unity of possession ? for the first point , it was objected by sir forth 's counsel , that the proxies were extinct by the suppression and dissolution of the religious houses : for that the visitation of the religious houses were the sole cause of the payment of the proxies ; et cessante causa cessat effectus . for the religious houses being gone and dispersed , they shall not be afterwards subject to visitation , and then when the visitation doth cease , the proxies , being only exhibition given to the visitor for his travelling charges , shall cease also ; for procuratio ( as the canonists define it ) est exhibitio sumptuum necessariorum facta praelatis , qui dioeceses peragrando ecclesias subject as visitant . yet it was agreed , that the visitation doth not cease immediately upon the surrender , or by the act of parliament , which gives the religious houses and their possessions to the crown ; for by that their corporations are not dissolved : as was held in the case of the dean and chapter of norwich . co. par . . ass . p. . h. . br. corporations . but when the religious persons were dispersed and had relinquished their habit , rule , and order , for which they were visitable , then their corporation was utterly dissolved , and thereupon the visitation ceases . and in this case they resembled a proxie due for visitation to an annuity for counsel or some other service to be done : if the counsel or the service be withdrawn , the annuity determines . so if a rent-charge be granted for a way , stop the way and the rent-charge shall be stopt also , ed. . . ed. . . ▪ ed. . . so where a corodie is granted for certain service to be done , the omission of the service determines the corody , ed. . fo . ult . it was also said , that the duty is not annual but contingent , and payable only upon every visitation . and for the [ saving ] they said , it was a flattering saving , which could not preserve the proxies in being , which the law had extinguished ; as was held eliz. dyer . that the tenures of the obit or chauntry-lands held of the subjects are extinct by the act of ed. . notwithstanding the saving in the said act , propter absurditatem : so the proxies in this case shall be extinct propter absurditatem . for as it is absurd , that the king should be subject to attendance in respect of a tenure : so it is absurd , that the king should be subject to visitation , or to any duty in respect thereof . of the same nature there are many savings put in walsingham's case . plow . com. . which are there called flattering savings . as to the second point it was objected , that the bishop could not grant these proxies to the king for two reasons ; the one drawn from the person of the king , the other from the person of the bishop : ( ) for the king , admit that he were capable of such a spiritual office , as to be a visitor of religious persons , yet he shall not have proxies , by reason of the inconveniency and indecency , and also for the impossibility thereof ; for it is neither convenient nor decent , that the poor religious persons should bear the charges of the king ; and it is also impossible , for by the canon law , procuratio exhibenda est secundum qualitatem personae visitantis ; and the majesty of the person of the king , and the grandure of his train such , that by presumption of law no private person can bear his necessary charges , or make him entertainment answerable to the quality of his person . ( ) for the bishop , although he may grant his temporal possessions with the assent of his chapter or clergy , yet those duties which he hath by the prerogative of his episcopal chair , or as incident to his spiritual function , he may not grant ; and they by the rule of the canon law are of three sorts , viz. ( ) subsidium cathedrarium , which is a duty of prerogative and superiority . ( ) quarta episcopalis , which was given to him for reparation of churches . ( ) procurationes , for his visitation , as aforesaid , which is a perquisite or profit of his spiritual jurisdiction . as to the third point , they said , that although a proxie is a personal thing , payable only in respect of persons visitable , yet admit that these proxies are become real , and that the commandry and rectory are charged with these proxies , then the unity of possession doth extinguish them in the hands of the king , as a seignory , rent-charge , common , and the like , are extinguished by the purchase of the terre-tenant , if he hath the like estate in the land , and in the thing which charged the land. and to this purpose was cited the case of h. . . a. where a prior had an annuity out of a parsonage by prescription ; the parsonage is after appropriate to the priory , the annuity is extinguimed for ever . but on the other side , it was answered by the kings council , and resolved by the court , that the said proxies were not extinguished by the dissolution of the said religious houses , but were well preserved and saved to the bishop ; and the bishop had well granted them to the king , and the unity of possession in the hands of the king made but a suspension and no extinguishment of the said proxies . ( ) as to the first point , it was first observed , that these proxies had not their original in the primitive church ; for st. paul , in visiting all the churches which he had planted in asia and europe , demanded not any proxies , but laboured with his own hands for his subsistance , lest he should be burthensom to the churches . yet long after this , the canon law , which declares that proxies are due to bishops in their visitations , says , that it is agreeable to the doctrine of st. paul , ut à quibus spiritualia recipimus , eisdem temporaliae communicemus . instit . jur. can. l. . c. de censib . it was also observed , that that which we call proxie or procuracy , is called by the canonists , procuratio , for that upon every visitation the persons visitable procurant necessary provisions for the visitors ; which provisions at first were made in victuals , viz. in esculentis & poculentis , but that was with moderation and temperance , ne jejuniorum doctrinam rubentibus buccis praedicant ; but afterwards , when the pomp and excess of visitors required such provisions as were grievous and intolerable to the churches and religious houses , then every church and such house was reasonably taxed , and for that every proxie was reduced to a certain sum of money , payable yearly , in the nature of a pension , to the ordinary , who had power of visitation de mero jure , as is said eliz. dyer . b. after the procuration of victuals was reduced to a certain sum , the churches and religious houses paid it to the ordinary yearly , albeit he made not any visitation : and so the rule of cessante causa cessat effectus doth not hold in this case . these certain sums of money which come in lieu of proxies , and retain the name of proxies , are by ancient composition made parcel of the certain and settled revenues of the bishop , do remain for ever , and are not subject to extinguishment . and at this day the king himself pays and allows proxies out of all the impropriations which he hath in his possession ; for which reason in every lease made by the king of a rectory impropriate , there is a covenant on the lessee's part , that he shall bear and pay all proxies , synodals , pensions , &c. and as for the [ saving ] in the act of h. . cap. . it is not an idle or flattering saving , but real and effectual : for it was agreed before , that these proxies were in being at the time of making the act , and are not extinguished by the surrender of the religious houses ; for their corporations are not dissolved till the religious persons have relinquished their houses and are dispersed . and such things as were in being at the time of making the act , may well be preserved and saved by the act ; albeit the things which were extinct before , cannot be revived by a saving , without express words of grant and restitution . as to the second point , it was resolved , that the proxies in their original nature being duties payable for visitation , are grantable to the king , and the king is capable of such a grant , specially when the said duties are converted to a sum of money certain , in the nature of a pension or annuity . for by the ancient law of the realm , the king had power to visit , reform , and correct all abuses and enormities in the church : and by the statutes made in the time of king h. . the crown was but remitted and restored to his ancient jurisdiction , which had been usurped by the bishop of rome . ed. . tit . ayd del roy , reges sacro oleo uncti spiritualis jurisdictionis sunt capaces . and proxies are profits of the jurisdiction , h. . . rex est mixta persona cum sacerdote : so the king shall have tithes by the common law , whereof no meer lay-person was capable , assis . pl. . h. . . the king himself may visit his free chappels and hospitals , ass . p. . n. br. . a. and cassanae , in catol . glo. mund . par . . cons . , cites a text of the canon law , viz. quod omnes reges dicuntur clerici , also another text , which faith ; quod causa spiritualis committi potest principi laico . and whereas it was said , that in respect of the grandeur of the king and his train , competent proxies cannot be provided for him , and by consequence a grant thereof cannot be made to him ; that objection is removed , in that the proxies at the time of that grant was reduced to certain reasonable sums of money . also the rule of the canon law was not rightly and fully cited before ; for the rule is , procuratio exhibenda est secundum qualitatem personae visitantis , & substantiam visitatorum . it was also resolved , that the bishop with the assent of his clergy , might well grant the proxies to the king , for that the law hath qualified the person of the king to receive such a grant , albeit it be such a prerogative of the bishop as may not be assigned to any other person : as the creation-money of a duke or earl may be granted and surrendred to the king , although it can be granted to a subject . also the proxies being now reduced to certain sums of money , and so made part of the certain settled and perpetual revenue of the bishop , may be granted by him as well as a part of the tithes , or an annuity , or any of his rents , services , or other hereditaments temporal . and as to the third point it was also resolved and adjudged , that the unity of possession of the proxies with the rectories impropriate and religious houses , out of which the proxies are payable , do not extinguish the proxies in the hands of the king , but suspends the payment of them tantum pro tempore , quousque , or until the king by his grant shall sever the one from the other . to conclude , the case of tithes is parallel to the case of proxies , and agrees therewith in all points ; for as instruction was the cause of the payment of tithes : so visitation , which is ever accompanied with instruction , littl. ca. de frankalmoigne . b. was the cause of the proxies . and as tithes are now due and payable to lay-persons which have purchased impropriate rectories , although they do not give any instruction : so proxies are due and payable to ordinaries , out of the impropriations and religious houses dissolved , although their visitation ceases . and as none can prescribe de non decimando , as is commonly held in the common law : so the canon law hath a rule , quod nulla est adversus procurationem praescriptio . inst . jur. canon . lib. . cap. de censibus . also proxies , which resemble tithes in other points , may be well compared to them in this point , viz , that they shall not be subject to extinguishment by unity of possession . chap. x. of diocesan chancellors , commissaries , officials , and consistories . . a description of the office of such chancellors , and how they differ from the bishops commissaries . . the antiquity and necessary use of such chancellors . . what the canons ecclesiastical require touching their office. . whether a divine , that is not a civilian , may be a chancellour ? . where , and before whom the bishops consistories are held . . what is meant or intended by the word consistory . . the great antiquity of the bishops consistories . . that antiquity further confirmed and proved . . the difference between consistorium and tribunal . . incidents to the chancellors office , as he is oculus episcopi . . a short digression touching administrators . . the laws and canons touching summoners . . the constitutions provincial , what provision there touching this office of summoners . . a judgment at common law in action on the case against an apparitor or summoner , for citing a man wrongfully into the ecclesiastical court. . what a commissary is ; how to be qualified ; with the precincts of his jurisdiction . . whether a commissary may cite persons of several parishes to appear at his visitation-court ? . a case at common law touching a commissary made by a dean . . whether a meer lay-person may be a commissary or official ; other points in law touching that office ; and the grant thereof . . sufficiency or insufficiency , or other defects in chancellors , commissaries , &c. properly cognizable not in the temporal , but ecclesiastical courts . . the office of chancellorship ( as to the right of it ) is held to be of temporal , but ( as to the exercise thereof ) of ecclesiastical cognizance . . whether the offices of chancellor , register , &c. in ecclesiastical courts , be within the statute of ed. . ( . ) the chancellor of a diocess is a church-lawyer , or the bishops-lawyer , or that person who is commissionated to be aiding and assisting to the bishop in his jurisdiction , not confined to any one place of the diocess , nor limited ( as the bishops commissaries are ) only to some certain causes of the jurisdiction ; but every where throughout the whole diocess supplying the bishops absence , in all matters and causes ecclesiastical within his diocess . by the statute of h. . c. . a doctor of the civil law lawfully deputed , may exercise all ecclesiastical jurisdiction , and the censures thereof . by this chancellor the bishop within his diocess keeps his court according to the ecclesiastical laws , in all matters pertaining to his jurisdiction , or otherwise relating more immediately to the church or government of the clergy . as bishops in their episcopal audience have had in all ages the cognizance of all matters ecclesiastical , as well civil as criminal , within the jurisdiction of their diocess : so they have ever had to that end their chancellors , whom the law calls ecclesiecdici or episcoporum ecdici , persons experienced in the civil and canon laws , to assist them in matters of judgment ; and those whom we now call the bishops chancellours , are the very self same persons in office , that anciently did exercise ecclesiastical jurisdiction under bishops , and were called ecclesiecdici . papias per gothofred in l. omnem , c. de episc . & cler. & in § . praeterea , ibid. dr. ridl . view , par . . cap. . sect . . who ( forasmuch as they have with them the bishops authority every where within the diocess for matters of jurisdiction , and in that the bishops and they make but one consistory ) are called the bishop's vicars general , both in respect of their authority , which extendeth throughout the whole diocess , as also to distinguish them from the commissaries of bishops , whose authority , as it is restrained only to some certain place of the diocess , so also to some certain causes of the jurisdiction , limited unto them by the bishops ; for which reason the law calls them officiales foraneos , quasi officiales astricti cuidam foro dioeceseos tantum . dr. ridl . ibid. ( . ) dr. ridley in his view of the civil and ecclesiastical law says , that chancellors of diocesses are nigh of as great antiquity as bishops themselves , and are such necessary officers to bishops , that every bishop must of necessity have a chancellor ; and that if any bishop should seem to be so compleat within himself , as not to need a chancellor , yet the archbishop of the province , in case of refusal , may put a chancellor , on him , in that the law presumes the government of a whole diocess a matter of more weight , than can be well sustained by one person alone ; and that although the nomination of the chancellour is in the bishop , yet his authority is derived from the law. hostiens . sum. de offic. vicar . nu . . for which reason the law understands him as an ordinary , as well as the bishop . hostiens . ibid. it is most probable , that the multiplicity and variety of ecclesiastical causes introduced the use and office of chancellors originally ; for after that princes had granted to ecclesiastical persons their causes and their consistories , and circumstances varying these causes into a more numerous multiplication , than were capable of being defined by like former presidents , necessity call'd for new decisions , and they for such judges as were experienced in such laws as were adapted to matters of an ecclesiastical cognizance ; which would have been too prejudicial an avocation of bishops from the exercise of their more divine function , had not the office of the chancellor in determining such matters , been an expedient to prevent the said prejudice or inconvenience . ( . ) by the constitutions and canons ecclesiastical a it is ordered , that upon the days of the visitation every chancellor , archdeacon , commissary and official , as also at the ordinary time when church-wardens are sworn , shall deliver them such books of articles as whereon to ground their presentments . also , that they shall not suffer any to be cited into ecclesiastical courts by any general process of quorum nomina ; nor the same person to be cited into several ecclesiastical courts for one and the same crime , for which end the chancellour and archdeacon are within one month next after the bishops visitation , mutually to certifie each other under their hands and seals , the names and crimes of all such as were presented in the said visitation . nor shall any chancellor , or other ecclesiastical judge , suffer any judicial act to be sped otherwise than in open court , or in presence of the register , or his deputy , or other person by law allowed to speed the same ; nor shall have ( without the bishops consent ) any more seals of office than one . nor shall any man be admitted a chancellor , or to exercise any ecclesiastical jurisdiction , under the age of years , and learned in the civil and ecclesiastical laws , and is at least a master of arts , or bachelor of law , and shall first have taken the oath of supremacy in the bishops presence , or in open court , and have subscribed the articles of religion , and swear that to the utmost of his understanding he will deal uprightly and justly in his office , without respect , favour , or reward . ( . ) sutton chancellor of the bishop of gloucester moved for a prohibition to stay a suit before the commissioners ecclesiastical , for that articles were there exhibited against him , because he being a divine , and having a rectory with cure of souls , and never brought up in the science of the civil or canon laws , or having any intelligence in them , took upon him the office of the chancellor of the bishop of gloucester , whereas there were divers canons and ecclesiastical constitutions , and also directions from the late king james , and from the king that now is , that none should be admitted to have those offices of chancellorship to a bishop , unless he were instructed and learned in the canon and civil laws ; because divers cases triable in the said court are of weight , and the judges there ought to have knowledge of the laws , otherwise they cannot administer right to the kings subjects . upon these articles mr. sutton being examined , confessed that he was a divine , and had a spiritual living , and that the office of the chancellorship of the bishop is grantable for life , and that such a bishop of gloucester had granted to him the office for his life , which the dean and chapter had confirmed , whereby he had a freehold therein , and ought to enjoy it during his life . and that notwithstanding this answer they intended to proceed against him , wherefore he prayed to have a prohibition , but the court denied it ; for if he be a person unskilful in these laws , and by law ought not to enjoy it , they may peradventure examine that ; for although a lay-person , by his admission and institution to a benefice hath a freehold , yet he may be sued in the spiritual court , and deprived for that cause ; but if he hath wrong , he may peradventure by assize try it ; therefore a prohibition was denied b . ( . ) the consistory court of each archbishop , and every bishop of every diocess within this realm , is holden before the bishops chancellor in the cathedral church , or before his commissary in places of his diocess far remote and distant from the bishops consistory , so as the chancellor cannot call them to the consistory with any conveniency or without great travel and vexation ; for which reason such commissary is called commissarius foraneus . from these consistories the appeal is to the archbishop of either province respectively . ( . ) by this word [ consistory ] is commonly understood that place or ecclesiastical court of justice , held by the bishops chancellor or commissary in his cathedral church or other convenient place of his diocess , for the hearing and determining of matters and causes of ecclesiastical cognizance , happening within that diocess c . but when this word refers to the province of canterbury , then the chief and most ancient consistory is the arch-bishops high court of arches , as the court of appeal from all other inferiour consistories within the said province . the same word sometimes refers to a synod or council of ecclesiastical persons conven'd together , or to a cession or assembly of prelates ; but most usually to the spiritual court for the deciding of matters of ecclesiastical cognizance . the word consistory ( consistorium ) is supposed to be borrowed of the italians , or rather lombards , signifying as much as ( praetorium ) or tribunal , being a word utriusque juris , and frequently used for a council-house of ecclesiastical persons , or the place of justice in the court christian d . ( . ) the consistories of archbishops and bishops are supposed to begin within this realm in the time of william the conquerour e ; which seems very conjecturable from that charter of his , which sir ed. coke in the fourth part of his institutes mentions to have found enrolled , r. . nu . . f . which charter , and record of great antiquity , asserting not only the episcopal consistories , but also the ecclesiastical jurisdiction , it cannot be supposed but that it ought to be recited here in terminis per extensum , viz. willielmus gratia dei rex anglorum , comitibus , vicecomitibus & omnibus francigenis , & quibus in episcopatu remigii g terras habentibus , salutem . sciatis vos omnes , & caeteri mei fideles qui in anglia manent , quod episcopales leges , quae non bene , nec secundum sanctorum canonum praecepta usque ad mea tempora in regno anglorum fuerunt , communi concilio & concilio archiepiscoporum meorum & caeterorum episcoporum , & abbatum , & omnium principum regni mei emendandas judicavi . propterea mando , & regia authoritate praecipio , ut nullus episcopus vel archidiaconus de legibus episcopalibus amplius in hundretto h placita teneant , nec causam , quae ad regimen animarum pertinet , ad judicium secularium hominum adducant ; sed quicunque secundum episcopales leges de quacunque causa vel culpa interpellatus fuerit , ad locum , quem ad hoc episcopus elegerit , & nominaverit , veniat , ibique de causa sua respondeat , & non secundum hundrettum i , sed secundum canones & episcopales leges rectum deo & episcopo suo faciat . si vero aliquis per superbiam elatus ad justitiam episcopalem venire non voluerit , vocetur semel , & secundo , & tertio ; quod si nec sic ad emendationem venerit , excommunicetur : & , si opus fuerit , ad hoc vindicand ' fortitudo & justitia regis vel vicecomitis adhibeatur : ille autem qui vocatus ad justitiam episcopi venire noluit , pro unaquaque vocatione legem episcopalem emendabit : hoc etiam defendo , & mea authoritate interdico , ne ullus vicecom . aut praepositus , aut minister regis , nec aliquis laicus homo de legibus quae ad episcopum pertinent se intromittat : nec aliquis laicus homo alium hominem sine justitia episcopi ad judicium adducat ; judicium vero in nullo loco portetur nisi in episcopali sede , aut in illo loco quem ad hoc episcopus constituerit ( . ) for the confirmation of this charter sir ed. coke in the foresaid part of his institutes refers us to the register of the bishop of london . willielmus dei gratia rex anglorum r. bainardo , & s. de magna villa p. de vabines , caeterisque meis fidelibus de essex & de hertfordshire , & de middlesex , salutem . sciatis vos omnes , &c. in which charter the tenor of the foresaid charter is recited word by word in english . the like charter he also there says is in the book of charters of the archbishop of canterbury . whereby it is most evident , that the bishops consistories are of great antiquity , and that they were erected when causes ecclesiastical were removed from the tourne ( which is a court of record holden before the sheriff ) to the consistory k . so that this law , made by the conqueror , seems ( as mr. blount in his nomo-lexi●on on this word well observes ) to give the original of the bishops consistory , as it now sits with us distinct and divided from the hundred or county-court , wherewith it seems probable , in the time of the saxons , to have been joyn'd l . ( . ) lindwood in the provincial constitutions upon this word consistorium quoad episcopos , puts this difference between consistorium and tribunal : tribunal ( says he ) est locus in quo sedet ordinarius inferior ; but consistorium est locus in quo sedet princeps ad judicandum ; lindw . de foro competent . c. excussis . in ver . consistoria . albeit , according to the vulgar acceptation of these words , we refer tribunal to any place of judicature , but consistorium to that only which is of ecclesiastical jurisdiction . ( . ) this chancellor of a diocess , as he is oculus episcopi , ought to have an eye into all parts of the diocess , and hath immediately under the ordinary jurisdiction of all matters ecclesiastical within the same ; not only for reformation of manners , and punishment of enormities of a spiritual nature by ecclesiastical censures ; but also in causes matrimonial , and testamentary as to the probat of wills , and granting letters of administration of the goods of a person dying intestate , where there are not bona notabilia ; in which case the will shall be proved , or administration granted by the prerogative of the archbishop : and wherever there is an administration duly granted , there the administrator doth almost in all points represent the person of the intestate as legally , as any executor can the person of his testator testamentarily . for this administrator , in construction of the common law , is that person to whose trust , care , conduct , and management the goods and chattels , real and personal , of the intestate are committed by the ordinary , or such other as under him is duly authorized to grant the same . but under this notion or appellation of administrator , neither the civil nor the canon law knows any such officer ; only they take notice of administrators as governours of persons , places , or things . decret . can. . q. . cap. . & extra . com. cap. . and it is most probable , that the common law might ( as some conceive ) take its light , as to this officer under this notion as now practicable with us , from the constitution of the emperour leo. i. . nulli licere , c. de episc . & cler. whereby it is ordained , that the bishop shall take care to see such legacies duly performed , as are bequeathed for the redemption of captives , in case the testator appoint not one to execute his will in that particular . this power given to the ordinary of making administrators in case of intestation , and of authorizing them to act as executors , is very ancient by the statute-law m . and if any ordinary , chancellor , &c. having power by the act of h. . to grant the administration of the goods of him that dieth intestate , to the widow or next of kin , shall take any reward for the preferring any person before another to the administration , it is bribery n . ( . ) a lawful administrator may render his own goods liable to the intestates debts either by a devastavit , or by a false plea judicially ; and his executor or administrator shall not succeed him in the administration to his intestate ( unless qualified to require administration of both intestates ) but the administration of the first intestates goods is de novo to be committed to his next of kin , as de bonis non adm. and if a stranger by any act make himself executor de son tort , the creditors and legataries may not sue him as administrator , albeit it be an administration in fact , but must sue him as executor in his own wrong ; who notwithstanding is not any further liable , than to the value of the deceased's goods , as assets in his hands . but in case the ordinary shall , without granting any letters of administration , make his letters ad colligendum , in that case he makes himself liable to actions pro tanto , as if himself were actually possessed of the goods of the deceased . and here note , that funeral expences , according to the degree and quality of the deceased , are to be allowed of his goods before any debt or duty whatsoever , for that is opus pium , or charitativum o . ( . ) and as in these consistories there is a great variety of ecclesiastical causes heard and determined , so also the officers belonging thereto are many , and of various qualities and degrees , whereof some seem to be magis principales , others minus principales , but others ( in the popular account ) as meer animalia tantum rationalia , by whom they understand apparitors , who in truth are summoners , and whose character in law is this , viz. he is that person , whose employment is to serve such processes as issue out of the spiritual or ecclesiastical courts , and as a messenger to cite offenders and others to make their appearance therein as occasion shall require . by the statute of h. . c. . as also by the th canon of the ecclesiastical constitutions , apparitors are called summoners or sumners ; by which canon the abuses aud grievances pretended to be practiced by such summoners or apparitors are sufficiently redressed : for as the multitude of them is thereby abridged and restrained by decreeing and ordaining , that no bishop or archdeacon , or their vicars or officials , or other inferiour ordinaries , shall depute or have more apparitors to serve their jurisdictions respectively , than either they or their predecessors were accustomed to have thirty years before the publishing the said ecclesiastical constitutions : so it is likewise provided by the said canon , that the said apparitors shall by themselves faithfully execute their offices , and not by any colour or pretence whatsoever cause or suffer their mandats to be executed by any messengers or substitutes , unless upon some good cause , to be first allowed and approved by the ordinary of the place . it is also further provided by the said canon , that they shall not take upon them the office of promoters or informers for the court , nor shall exact more or greater fees than are prescribed by the th canon of the said ecclesiastical constitutions . and in case either the number of apparitors deputed shall exceed the aforesaid limitation , or any of them offend in any of the premisses , the persons deputing them ( if they be bishops ) shall upon admonition of their superiour , discharge the persons exceeding the number so limited as aforesaid : but if they were deputed by inferiour ordinaries , such ordinaries shall be suspended from the execution of their office , until they have dismiss'd the supernumerary apparitors by them so deputed ; and the parties themselves so deputed shall for ever be removed from the office of apparitors : and in case being so dismiss'd and removed , they do not desist from the execution of their said offices , they are by the first said canon to be proceeded against and punished by ecclesiastical censures as persons contumacious to the jurisdiction . and finally , if upon experience the number of the said apparitors be too great in any one diocess , in the judgment of the archbishop of canterbury for the time being ; in that case he is by the said canon impower'd to abridge them to such a number , as to himself shall seem meet and expedient . an apparitor came to the church of a parson , and said to him , he is to pay tenths to such a one at such a place , four miles distant from the church , to whom the parson did not pay them , and thereupon the bishop certified , that he refused to pay them according to the statute of h. . it was resolved , the demand was not according to that statute , and the summons to pay them not according to the statute , for the demand ought to have been by one who hath authority to receive them , which the summoner had not ; and they held the demand not good , although the bishop certified it was duly made . and in the case between the queen and blanch it was resolved , that the certificate of the bishop , that the incumbent refused to pay his tenths , is not peremptory , but traversable ; and that the demand of the tenths must be at the house of the incumbent , and the refusal there . more 's rep. . in a action upon the case against the defendant , the case was this ; a summoner in the ecclesiastical court , having a citation against the plaintiff , returned , that he had summoned the plaintiff , whereas in truth he never summoned him ; for which the plaintiff was excommunicated to his great dammage . it was adjudged that the action did lie . ( . ) by the premisses it is manifest , that the canon is very strict and exact both in abridging the number , and redressing the abuses incident to the office of apparitors ; which canon in most circumstances seems to run very parallel with that in the provincial constitutions , lindw . provin . constit . de censibus & procur . cap. cum apparitorum ; the light whereof did probably influence it into that form wherein we now find it ; for by that decree of the said provincial constitunions it is ordained , that a bishop shall have unum apparitorem equitantem duntaxat , where the gloss well observes , that by this non prohibetur episcopo quin plures habeat pedites ; and every archdeacon one in every deanary , non equitantem sed peditem , where the bishop might also appoint apparitors , as also in rural deanaries : gloss . ibid. verb. duntaxat . and in case more than these were deputed , or they found to offend in their office , the penalty was as above-said , deputantes sint suspensi , donec , &c. & deputatos ab officio apparitorum perpetuo suspendimus ipso facto . constit . ibid. ( . ) action upon the case ; for that the defendant being an apparitor under the bishop of exeter , maliciously and without colour or cause of suspicion of incontinency , of his own proper malice , procured the plaintiff ex officio , upon pretence of fame of incontinency with one edith ( whereas there was no such fame , not just cause of suspicion ) to be cited to the consistory court of exeter , and there to be at great charges and vexation , until he was cleared by sentence , which was to his great discredit , and cause of great expences and losses , for which , &c. upon not guilty pleaded , and found for the plaintiff it was moved by ashley , serjeant , in arrest of judgment , that in this case an action lies not : for he did nothing but as an informer , and by virtue of his office. but all the court ( absente richardson ) held , that the action well lies : for it is alledged , that he falso & malitiose caused him to be cited , upon pretence of fame where there was no offence committed : and avers , that there was not any such fame ; so as he did it maliciously , and of his own head , and caused him to be unjustly vexed , which was to raise gain to himself ; whereupon they conceived , that he being found guilty for it , the action well lies ; and therefore rule was given to enter judgment for the plaintiff , unless other cause was shewn . and upon a second motion , richardson ch. justice being present , judgment was given for the plaintiff p . the consistory of the bishop may in some cases enjoyn penance : where penance is enjoyned , there may be commutation ; but there may not be commutation for penance , where none is enjoyned . commutation for penance agrees with the customes used in the ecclesiastical law , justified in the common law , in the statute of circumspecte agatis in the time of ed. . and articuli cleri in the time of ed. . vid. mich. . jac. b. r. dr. barker 's case in camera stellata . roll's rep. ( . ) commissary [ commissarius ] is a title of ecclesiastical jurisdiction , adapted to such one as doth exercise the same in such remote places of the diocess , and at such distance from the bishops chief consistory , as that his chancellor cannot without too great a prejudice conveniently call the subjects to the same . the duty of such commissary or officialis f●ranei , is to officiate the bishops jurisdiction in the remoter parts of the diocess , or in such parishes as are the bishop's peculiar , and exempt from the archdeacon's jurisdiction . the authority of the commissaries of bishops is only in some certain place of the diocess , and some certain causes of the jurisdiction , limited unto them by the bishops ; for which reason the law calls them officiales foraneos , quasi officiales astricti cuidam foro dioeceseos tantum : gloss . in clem. de rescript . and by the canons and constitutions ecclesiastical , no person may be a commissary or official under the age of years , being at least a master of arts or bachelor of law q . yet in the argument of buries case for a divorce , the rep. . there was cited eliz. b. r. rot . . that if a lay-man be made a commissary by the bishop , it is good , until it be undone by sentence ; although that the canon says , that he ought to be a doctor or a bachelor of divinity . but h. . hath limited , that a doctor of the civil law may be a commissary r . ( . ) where a commissary , citing many persons of several parishes to appear at his visitation-court , excommunicated them for not appearing , a prohibition was granted , because the ordinary hath not power to cite any to that court , but the church-wardens and sides-men , and those he may impannel , and give articles to them , for to enquire as the justices of assize . vid. n. b. . s . ( . ) the dean of the deanary of wolverhampton annexed to the deanary of windsor , being a peculiar , and having ordinary jurisdiction , makes a commissary by his deed , which is confirmed by the chapter : the dean dies . the question was , if that was good to bind his successor . by doderidge , that such a jurisdiction is judicial , and that grant is but a commission and authority , all times remaining in the ordinary . true it is , that ecclesiastical jurisdiction in judicial acts may be executed by a substitute ; but in law they are the acts of them who substitute the other . vid. h. . . a. e. . . h. . . that a commissary may excommunicate , and prove a testament : but that shall be made in the name of the ordinary , e. . and a grant of that by the bishop is not good , but during his life ; and shall not bind the succ●ssor : for the law hath appointed , that he shall exercise that jurisdiction ( sede vacante , &c. ) the grant being void , cannot be made good by the confirmation of the chapter . coke chief justice ; if that should be a good grant to bind the successor , then the successor cannot remove him ; and yet the successor shall answer for the acts and offences of the commissary , which would be too hard t . ( . ) in walker's action upon the case against sir john lambe , for disturbance of the plaintiff in exercising of the officialty of the archdeaconry of leicester , granted by the archdeacon of leicester , and of the office of commissary of the bishop of lincoln . upon not guilty pleaded a special verdict was found , that there were ancient offices granted by , &c. and offices of judicature always granted to one person for life until , and in eliz. so granted to dr. chippindale , and after in granted to him and one ed. clerk for their two lives , no surrender being actually made by dr. chippendale . afterwards , both offices were granted , the one by the archdeacon , the other by the bishop to sir jo. lambe , and to the said ed. clerk , and these grants confirmed by the dean and chapter ; that in an. . dr. chippendale died , and afterwards the archdeacon who granted that office , and the bishop who granted the office of commissary , died ; and the bishop of lincolne who now is , and the now archdeacon , by several patents granted these offices to the plaintiff , who was at the time of the grant of the patent a lay-person , and bachelor of the civil law only : and they find the stat. of h. . c. . that lay-persons married or unmarried , being doctors of the civil law , may be commissaries , officials , scribes , or registers , and that the plaintiff exercised these offices , and the defendant disturbed him . upon this the matter being argued at the bar , was reduced only to these two questions : ( ) whether the patent to the plaintiff , being a lay-person , and not a doctor of the law , were good , or restrained by the statute of h. . and as to that point all the court conceived , the grant was good , for the statute doth not restrain any such grant : and it is but an affirmance of the common law , where it was doubted , if a lay or married person might have such offices ; and to avoid such doubts this statute was made ; which explains , that such grants are good enough ; and it is but an affirmative statute , and there is no restriction therein : and although doctors of the law ( though lay-persons or married ) shall have such offices ; yet this is not any restriction , that none others shall have them but doctors of the law , and the statute mentions as well registers and scribes , as commissaries , and that a doctor of the law shall have them ; yet in common experience such persons as are meerly lay , and not doctors , have enjoyed such offices . and for this very point was a case in this court , hill. eliz. rot. . between pratt and stock , where , upon demurrer , this statute was pleaded against the plaintiff , to whom a commissaryship was granted , being but a bachelor of law ; and he having granted administration , the grant was adjudged good , and the book of entries , , & . was allowed good ; wherefore they resolved the grant was well enough . and it was also resolved , that where an officer for life accepts of another grant of the same office to him , and to another , it is not any surrender of the first grant. the second point was , whether the office of the officialty of the archdeaconry , and the office of the commissary of the bishop , be grantable by the statutes of eliz. and eliz. because it was pretended , they were not parcel of the possessions of the bishoprick or archdeaconry , so as they could have any profits by them , and then the statute doth not restrain the grants of them . but all the court resolved , they were within the words and intent of the statutes ; for they be hereditaments , and are pertaining unto them ; and that a grant of these offices to two , where they were only grantable to one for life , and being granted in reversion , it is a void grant by the statutes against the successors ; for the statutes restrain all grants of any thing to be avoidable against the successor , besides grants of necessity and leases for three lives , or years , where the ancient rent is reserved : and all other grants , as well of offices as of other things , not warranted by the statutes , are made void as against the successors , vid. coke . fo . . the bishop of salisbury's case , coke . fo . . and a case betwixt vaughan and crompton , jac. at the assizes before the justices of the assize for the office of the registership in suffolk , and between johns and powell for the registers place of hereford , where it was adjudged , that such offices granted in reversion were void : whereupon rule was given , that judgment should be enter'd for the plaintiff , unless other cause were shewn . and afterward being moved again , judgment was given for the plaintiff u . ( . ) noy attorney reports the foresaid case of dr. sutton in this manner , viz. that he was deprived of the office of official of gloucester by the commissioners jac. appointed to examine the defects of chancellors , and that he was not read in the canon or civil law. he said , that time out of mind , &c. the bishops have used in their diocesses to bestow the chancellorship , and that a. the bishop of , &c. had made him chancellor by deed ; and that was confirmed by the dean and chapter , by which he had a frank-tenement in that office , &c. and mr. glanvile moved for a prohibition , but it was denied by the court ; for it is lawful for the commissioners to deprive for insufficiency , that being within their commission ; but in a suit in the ecclesiastical court for the profits of that office , supposing the grant of that by the predecessor does not bind the successor ; as it was in dr. barker's case , there a prohibition shall be awarded , because the profits are temporal . but we in the first case cannot try the sufficiency : vid. e. . . e. . . so it is if the ordinary deprive the master of a lay-hospital , for there he is not a visitor , nor is it visitable by him ; but otherwise of a spiritual hospital . ( . ) the bishop of landaff granted the office of his chancellorship to dr. trevor and one griffin , to be exercised by them either joyntly or severally . dr. trevor for l. released all his right in the said office to griffin , so that g. was the sole officer , and then after died . after this the bishop grants the said chancellorship to r. ( being a practicioner in the civil law ) for his life . dr. trevor surmising , that himself was the sole officer by survivorship , made dr. lloyd his substitute to execute the said office for him , and for that , that he was disturbed by r. the said dr. trevor being substitute to the judge of the arches , granted an inhibition to inhibite the said r. from executing the said office. the libel contained , that one r. hindered and disturbed dr. lloyd , so that he could not execute the said office. against these proceedings in the arches a prohibition was prayed , and day given to dr. trevor to shew cause why it should not be granted . they urged , that the office was spiritual , for which reason the discussing of the right thereof appertaineth to the ecclesiastical courts . but all the judges agreed , that though the office was spiritual , as to the exercising thereof , yet as to the right thereof it was temporal , and shall be tryed at the common law , for the party hath a freehold therein . vid. & p. & m dyer . . hunt's case , for the registers office in the admiralty , and an assize brought for that : and so the chief justice said , was adjudged for the registers office to the bishop of norwich in b. r. between skinner and mingey , which ought to be tryed at the common law. and so blackleech's case , as warburton said , in this court for the office of chancellor to the bishop of gloucester , which was all one with the principal case . and they said , that the office of chancellor is within the statute of ed. . for buying of offices , &c. and so in the manner of tithing , the prescription is temporal , for which cause it shall be tryed at common law. and prohibition was granted according to the first rule . so that if a bishop grant the office of chancellorship to a. and b. and after a. release to b. and after b. die , and after the bishop grant it to r. against whom a. sues in the ecclesiastical court , supposing his release to be void , a prohibition will lie , for that the office is temporal as to the right of it , though the office be exercised about spiritual matters . but if a chancellor be sued in the ecclesiastical court to be deprived for insufficiency , as not having knowledge of the canon law , no prohibition lies , for that they are there the proper judges of his ability , and not the judges of the common law. ( . ) in dr. trevor's case , who was chancellor of a bishop in wales , it was resolved , that the offices of chancellor and register , &c. in ecclesiastical courts are within the statute of ed. . cap. . which act being made for avoiding corruption of officers , &c. and advancement of worthy persons , shall be expounded most beneficially to suppress corruption . and because it allows ecclesiastical courts to proceed in blasphemy , heresie , schism , &c. loyalty of matrimonies , probat of wills , &c. and that from these proceedings depends not only the salvation of souls , but also the legitimation of issues , &c. and other things of great consequence ; it is more reason that such officers shall be within the statute , than officers which concern temporal matters ; the temporal judge committing the convict only to the gaoler , but the spiritual judge by excommunication , diabolo : and there is a proviso in the statute for them . and it was resolved , that such offices were within the purview of the said statute . chap. xi . of courts ecclesiastical , and their jurisdiction . . the antiquity of the ecclesiastical laws of england ; and what the chief ecclesiastical courts are in general , anciently called halimots ; the original of the popes vsurpation in england . . the court of convocation ; and constitutions of claringdon . . the high court of arches , why so called ; the highest consistory ; the jurisdiction thereof . . the judge of this court , whence called dean of the arches . . the great antiquity of this court ; the number of advocates and proctors thereof anciently limited ; their decent order in court. . the prerogative court of canterbury . . the court of audience , to whom it belonged , where kept , and what matters it took cognizance of . . the court of faculties , why so called , what things properly belong to this court ; as dispensations , licenses , &c. with the original thereof in england . what the nature of a dispensation is , and who qualified to grant it . . a dean made bishop , the king may dispence with him to hold the deanary with the bishoprick by way of commendam . . whether a prohibition lies to the ecclesiastical courts , in case they do not allow of proof by one witness . . divers cases at the common law relating to prohibitions to the ecclesiastical courts . . the court of delegates . . the high commission court ; what the power thereof was . . the court of review , or ad revidendum . . the court of peculiars . . in what cases the ecclesiastical court shall have jurisdiction of matters subsequent , having jurisdiction of the original suit. . in what case , the party having allowed of the jurisdiction , comes too late to have a prohibition . . the difference between a suit ad instantiam partis , and that ex officio judicis , in reference to a general pardon . . whether a cle●k may strike his servant , or another in that case the clerk and be blameless ? . what manner of avoidance shall be tried at the common law , and what in the ecclesiastical court. . in what case a special prohibition was awarded in a suit of tithes after a definitive sentence . . a prohibition to the ecclesiastical court in a suit grounded on a custome against law. . prohibition awarded to the ecclesiastical court , upon refusal there to give a copy of the libel . . where the ecclesiastical court hath cognizance of the principal , they have also of the accessory , though the accessory of matters temporal . . a prohibition denied , upon a suggestion , that the ecclesiastical court would not admit of proof by one witness . . in what case the ecclesiastical court shall have the cognizance , albeit the bounds of a village in a parish come in question . . how the practice hath been touching prohibitions , where the subject matter in question hath been of a mixt nature in reference to jurisdictions . . certain reasons for denial of prohibitions to the ecclesiastical court , in some cases , where they might lie . . bounds of parishes , in reference to the tithes thereof , whether tryable by the law of the land , or by the law of the church . . where the question is , more touching the right of tithes , than the bounds of the parish , the ecclesiastical court hath had the cognizance . . the ecclesiastical court hath cognizance of administrators accounts , and no prohibition lies . . modus decimandi sued for by a parson in the eccllesiastical court , no prohibition ; nor if he there sues for the tithe of things not titheable . . in what cases a custome , as also a rent , may be sued for in the ecclesiastical court. . if question be touching the grant of a registers office in a bishop's court , or touching the tenth after severance from the nine parts ; in what court , whether temporal or ecclesiastical , it shall be tryed . . a woman exercising the profession of a midwife without license , is therefore sued in the ecclesiastical court ; whether a prohibition lies in that case . . the bounds of a parish , also whether such a church be parochial or only a chappel of ease ; in what court this is to be tryed . . a prohibition granted , upon the disallowance of an executors plea , of having assets only to pay debts , in opposition to a legacy sued for in the ecclesiastical court. . a prohibition awarded upon a suit in the ecclesiastical court for an account of the profits of a benefice ; otherwise in case the profits were taken during the time of a sequestration . . a prohibition granted to a party to stay proceedings in his own suit , and commenced by himself . . pensions are sueable only in the ecclesiastical court. . the right of tithes coming in question between the parson and the vicar , is a suit properly belonging to the ecclesiastical court. . whether , and how far , and in what manner the ecclesiastical court may take cognizance of a modus decimandi , at large debated . . when and how the canon law was introduced into this realm . ( . ) before the time of king william the conqueror all matters , as well spiritual as temporal , were determined in the hundred-courts , where was wont to sit one bishop and one temporal judge called aldermanus ; the one for matters of spiritual , the other of temporal cognizance : but that was altered by king william ( and it seems by parliament , for it was by the assent of the bishops , abbots , and all the chief persons of the realm ) for he ordained , that the bishop or archdeacon should not hold plea of the episcopal laws , & quae ad regimen animarum pertinent , in the hundred ; but by themselves , and there administer justice , not according to the law of the hundred , but according to the episcopal laws and canons , as appears by king william's charter . irrot. . r. . pro decano & capitulo eccles . lincolne , jan. angl. , . the principal courts ecclesiastical ( whereof some are now out of use ) were , and are the convocation court , the high commission court , the high court of arches , the prerogative court of canterbury , the court of delegates , the court of audience , the court of peculiars , the court of faculties , besides the bishops consistories , the archdeacons courts , and the like , anciently called halimots , or holy courts . and the saxon kings , long before william the conqueror , made several laws for the government of the church : among others st. edward begins his laws with this protestation , that it is his princely charge , vt populum domini , & super omnia sanctam ecclesiam , regat & gubernet . and king edgar , in his oration to his english clergy , ego ( saith he ) constantini , vos petri gladium habetis : jungamus dextras , & gladium gladio copulemus , ut ejiciantur extra castra leprosi , & purgetur sanctuarium domini . but upon the conquest made by the normans the pope took the opportunity to usurp upon the liberties of the crown of england ; for the conqueror came in with the popes banner , and under it won the battel . whereupon the pope sent two legates into england , with whom the conqueror called a synod , deposed stigand archbishop of canterbury , because he had not purchased his pall in the court of rome , and displaced many bishops and abbots to make room for his normans . among the rest the king having earnestly moved wolstan bishop of worcester , being then very aged , to give up his staff , was answered by him , that he would give up his staff only to him of whom he first received the same : and so the old bishop went to st. edward's tomb , and there offered up his staff and ring with these words , viz. of thee , o holy edward , i received my staff and my ring , and to thee i do now surrender the same again . which proves , that before the norman conquest the kings of england invested their bishops per annulum & baculum . by this admission of the pope's legates , was the first step or entry made into his usurped jurisdiction in england ; yet no decrees passed or were put in execution touching matters ecclesiastical without the king 's royal assent ; nor would he submit himself in point of fealty to the pope , as appears by his epistle to gregory the seventh , vid. da. rep. case of praemunire , fo . . yet in his next successors time , in the time of william rufus , the pope by anselme archbishop of canterbury attempted to draw appeals to rome , but prevailed not . upon this occasion it was , that the king told anselme , that none of his bishops ought to be subject to the pope , but that the pope himself ought to be subject to the emperour , and that the king of england had the same absolute liberties in his dominions as the emperour had in the empire . yet in the time of the next king h. . the pope usurped the patronage and donation of bishopricks , and all other benefices ecclesiastical ; at which time anselme told the king , that the patronage and investure of bishopricks was not his right , because pope urban had lately made a decree , that no lay-person should give any ecclesiastical benefice . and after this in a synod held at london , an. . a decree was made , cui annuit rex henricus ( says matth. paris . ) that from thenceforth , nunquam per donationem baculi pastoralis vel annuli quisquam de episcopatu vel abbathia per regem , vel quamlibet laicam manum , investiretur in anglia . hereupon the pope granted , that the archbishop of canterbury for the time being should be for ever legatus natus : and anselme , for the honour of his see , obtained , that the archbishop of canterbury should in all general councils sit at the pope's foot , tanquam alterius orbis papa . yet after anselme's death , this same king gave the archbishoprick of canterbury to rodolph bishop of london ( says matth. paris . ) et illum per annulum & pastoralem baculum investivit , as before he had invested william gifford in the bishoprick of winchester , contra novi concilii statuta , as the same author reporteth ; and this , because succeeding popes had broken pope vrban's promise , touching the not sending of legates into england ; unless the king should require it . and in the time of the next succeeding king , stephen ; the pope gained appeals to the court of rome ; for in a synod at london conven'd by hen. bishop of winchester , the pope's legate , it was decreed , that appeals should be made from provincial councils to the pope . before which time , appellationes in usu non erant ( saith a monk of that time ) donec henricus winton . episcopus malo suo , dum legatus esset , crudeliter intrusit . thus did the pope usurp three main points of jurisdiction upon three several kings after the conquest ( for of king william rufus he could win nothing , ) viz. upon the conquerour , the sending of legates or commissioners to hear and determine ecclesiastical causes : upon hen. . the donation and investures of bishopricks and other benefices : and upon king stephen , the appeals to the court of rome . and in the time of king h. . the pope claimed exemption of clerks from the secular power . ( . ) the high court of convocation is called the convocation of the clergy , and is the highest court ecclesiastical , where the whole clergy of both provinces are either present in person , or by their representatives . they commonly meet and sit in parliament-time ; consisting of two parts , viz. the upper-house , where the archbishops and bishops do sit ; and the lower-house , where the inferiour clergy do sit . this court hath the legislative power of making ecclesiastical laws , is commonly called a national synod , conven'd by the king 's writ , directed to the archbishop of each province , for summoning all bishops , deans , archdeacons , cathedrals , and collegiate churches , assigning them the time and place in the said writ ; but one proctor sent for each cathedral and collegiate church , and two for the body of the inferiour clergy of each diocess may suffice . the higher house of convocation , or the house of lords spiritual , for the province of canterbury consists of bishops , whereof the archbishop is president ; the lower-house , or house of commons spiritual , consisting of all the deans , archdeacons , one proctor for every chapter , and two for the clergy of each diocess , in all persons , viz. deans , prebendaries , archdeacons , and clerks representing the diocesan clergy . both houses debate and transact only such matters as his majesty by commission alloweth , concerning religion and the church . all the members of both houses of convocation have the same priviledges for themselves and menial servants , as the members of parliament have . the archbishop of york at the same time , and in the like manner , holds a convocation of all his province at york , constantly corresponding , debating and concluding the same matters with the provincial synod of canterbury . the antiquity of this court of convocation is very great , for ( according to beda ) st. augustine , an. . assembled in council the britain bishops , and held a great synod . the clergy was never assembled or called together at a convocation by other authority , than by the king 's writ . vid. parl. e. . nu . . inter leges inae , an. dom. . a convocation of the clergy called , magna servorum dei frequentia . the jurisdiction of the convocation is only touching matters meerly spiritual and ecclesiastical , wherein they proceed juxta legem divinam & canones sanctae ecclesiae . the lord coke cites some ancient records to prove , that the court of convocation did not meddle with any thing concerning the kings temporal laws of the land , and thence inferrs , that the statute of h. . cap. . ( whereby it is provided , that no canons , constitution , or ordinance should be made or put in execution within this realm by authority of the convocation of the clergy , which were contrariant or repugnant to the king's prerogative royal , or the customes , laws , and statutes of this realm ) is but declaratory of the old common law. and by the said act , the court of convocation , as to the making of new canons , is to have the king's license , as also his royal assent for the putting the same in execution . but towards the end of that act there is an express proviso , that such canons as were made before that act , which be not contrariant nor repugnant to the king's prerogative , the laws , statutes , or customes of the realm , should be still used and executed , as they were before the making of that act. and if any cause shall depend in contention in any ecclesiastical court , which shall or may touch the king , his heirs or successors , the party grieved shall or may appeal to the upper-house of convocation within fifteen days after sentence given . remarkable are the constitutions of claringdon in the time of king h. . occasioned by the popes claiming exemption of clerks from the secular power , so contended for by thomas becket , then archbishop of canterbury , against the king , as occasioned a convening a common council , as well of the bishops as of the nobility , at claringdon in the time of h. . wherein they revived and re-established the ancient laws and customes of the kingdom for the government of the clergy , and ordering of causes ecclesiastical . the principal heads or articles whereof were these , viz. ( ) that no bishop or clerk should depart the realm without the king's license ; and that such as obtained license , should give sureties , that they should not procure any dammage to the king or realm during their absence in foreign parts . ( ) that all bishopricks and abbies being void should remain in the kings hands as his own demesns , until he had chosen and appointed a prelate thereunto ; and that every such prelate should do his homage to the king before he be admitted to the place . ( ) that appeals should be made in causes ecclesiastical in this manner , viz. from the archdeacon to the ordinary , from the ordinary to the metropolitan , from him to the king , and no farther . ( ) that peter-pence should be paid no more to the pope , but to the king. ( ) that if any clerk should commit felony , he should be hanged ; if treason , he should be drawn and quartered . ( ) that it should be adjudged high treason to bring in bulls of excommunication , whereby the realm should be cursed . ( ) that no decree should be brought from the pope to be executed in england , upon pain of imprisonment and confiscation of goods . ( . ) arches , or alma curia de arcubus , so called of bow-church in london , by reason of the steeple or clochier thereof raised at the top with stone-pillars in fashion like a bow-bent arch-wise , in which church this court was ever wont to be held , being the chief and most ancient court and consistory of the jurisdiction of the archbishop of canterbury ; which parish of bow together with twelve others in london , whereof bow is the chief , are within the peculiar jurisdiction of the said archbishop in spiritual causes , and exempted out of the bishop of london's jurisdiction . the judge of this court of arches is styled the dean of the arches , or the official of the arches-court , unto whose deanary or officialty to the archbishop of canterbury , in all matters and causes spiritual , is annexed the peculiar jurisdiction of the thirteen parishes , as aforesaid ; having also all ordinary jurisdiction in spiritual causes of the first instance with power of appeal , as the superiour ecclesiastical consistory , through the whole province of canterbury a ; yet the lord coke says b , his power to call any person for any cause out of any part of his province within the diocess of any other bishop ( except it be upon appeal ) is restrained by the stat. of h. . c. . yet his jurisdiction is ordinary , and extends it self through the whole province of canterbury , insomuch that upon any appeal made to him from any diocess within the said province , he may forthwith , without further examination ( at that time ) of the cause , issue forth his citation to be served on the appealee , with his inhibition to the judge à quo . in mich. jac. c. b. there was a case between porter and rochester ; the case was this : lewis and rochester , who dwelt in essex , in the diocess of london , were sued for subtraction of tithes growing in b. in the said county of essex , by porter , in the court of arches of the archbishop of canterbury in london : where the archbishop hath a peculiar jurisdiction of thirteen parishes , called a deanary , exempt from the authority of the bishop of london , whereof the parish of s. mary de arcubus is the chief . and a great question was moved , whether in the said court of arches holden in london , he might cite any dwelling in essex , for subtraction of tithes growing in essex ? or whether he be prohibited by the statute of h . c. ? which after debate at bar by council , and also by dr. ferrard , dr. james , and others in open court , and lastly by all the justices of the common pleas : a prohibition was granted to the high court of arches . and , in this case , divers points were resolved by the court ; ( ) that all acts of parliament are parcel of the laws of england , and therefore shall be expounded by the judges of the laws of england , and not by the civilians and canonists , although the acts concern ecclesiastical jurisdiction . ( ) resolved by coke chief justice , warburton , daniel and foster , justices , that the archbishop of canterbury is restrained by the h. . cap. . to cite any one out of his own diocess : for diaecesis dicitur distinctio , &c. quae divisa vel diversa est ab ecclesia alterius episcopatus , & commissa gubernatio unius , &c. and is derived a di , duo , & electio , quia separat duas jurisdictiones : and because the archbishop of canterbury hath a peculiar jurisdiction in london ; for this cause it is fitly said in the title , preamble , and body of the act , that when the archbishop sitting in his exempt peculiar in london , cites one dwelling in essex , he cites him out of the bishop of london's diocess ; therefore , out of the diocess . and in the clause of the penalty of l. it is said , out of the diocess , &c. where the party dwelleth ; which agrees with the signification of diocess before . . the body of the act is , no person shall be henceforth cited before any ordinary , &c. out of the diocess or peculiar jurisdiction , where the person shall be dwelling ; and if so , then à fortiori , the court of arches , which sits in a peculiar , may not cite others out of another diocess . and the words [ out of the diocess ] are meant of the diocess or jurisdiction of the ordinary where he dwelleth . and from the preamble of the act the lord coke observes and inferrs , that the intention of the act was to reduce the archbishop to his proper diocess , unless in these five cases , viz. ( ) for any spiritual offence or cause committed , or omitted , contrary to right and duty by the bishop , &c. which word [ omitted ] proves there ought to be a default in the ordinary . ( ) except it be in case of appeal , and other lawful cause , where the party shall find himself grieved by the ordinary , after the matter there first begun ; therefore , it ought to be first begun before the ordinary . ( ) in case the bishop or ordinary , &c. dare not , or will not convent the party to be sued before him . ( ) in case the bishop or judge of the place , within whose jurisdiction , or before whom the suit by this act should be begun and prosecuted , be party , directly or indirectly , to the matter or cause of the same suit. ( ) in case any bishop or other inferiour judge under him , &c. make request to the archbishop , bishop , or other inferiour ordinary or judge ; and that to be done in cases only , where the law civil or common doth affirm , &c. the lord coke takes notice also of two provisoes in that act , which do likewise explain it ; viz. that it shall be lawful for every archbishop , to cite any person inhabiting in any bishops diocess in his province for matter of heresie : by which ( says he ) it appears , that for all causes not excepted , he is prohibited by the act. ( ) there is a saving for the archbishop , calling any person out of the diocess where he shall be dwelling , to the probat of any : testament : which proviso should be vain , if notwithstanding that act he should have concurrent jurisdiction with every ordinary throughout his whole province : wherefore it was concluded , that the archbishop out of his diocess , unless in the cases excepted , is prohibited by the h. . c . to cite any man out of any other diocess : which act is but a law declaratory of the ancient canons , and a true exposition thereof , as appears by the canon , cap. romana in sext. de appellat . & c. de competenti . in sext. and ( as the lord coke observes ) the act is so expounded by all the clergy of england , at a convocation at london , an. jac. . can. . who gives us further to understand in this case between porter and rochester , that the archbishop of this realm , before that act , had power legantine from the pope ; by which they had authority not only over all , but concurrent authority with every ordinary , &c. not as archbishop of canterbury , &c. but by his power and authority legantine . et tria sunt genera legatorum , ( ) quidam de latere dom. papae mittuntur , &c. ( ) dativi , qui simpliciter in legatione mittuntur , &c. ( ) nati seu nativi , qui suarum ecclesiarum praetextu legatione funguntur , & sunt quatuor , viz. archiepiscopus cantuariensis , eboracensis , remanensis , & pisanis : which authority legantine is now taken away and utterly abolished . ( . ) it is supposed , that the judge of this court was originally styled the dean of the arches , by reason of his substitution to the archbishop's official , when he was employed abroad in foreign embassies , whereby both these names or styles became at last in common understanding , as it were , synonym●us c . for the official of this court , and the dean of the arches by such substitution had both the same juridical authority , though with distinct styles in several persons , as appears by that which comes next to the preface to the ancient statutes of that court , ordained by robert winchelsey archbishop of canterbury d , in that stat. touching the form of the judges oath , where the words are , tam officalis dictae curiae , quam decanus de arcubus , suus commissarius generalis , &c. for he that was the archbishops official in this court was heretofore obliged to constitute the dean of the arches as his commissary general in his absence ; as also appears by another of those statutes or constitutions of that court , ordained by john whitgift archbishop of canterbury e , the title of which statute is , de decano ecclesiae beatae mariae de arcubus lond. wherein we find , viz. statuimus quod officialis dictae curiae teneatur decanum ecclesiae suum constituere in ipsius absentia commissarium . also by the statutes and constitutions of this court made by matthew parker archbishop of canterbury f , it is expresly ordained , that neither the dean or official of the court of arches , nor the auditor of matters and causes in the court of audience of cant. nor the judge of the prerogative court , shall exercise the function or profession of an advocate in any court belonging to the jurisdiction of the said archbishop , on pain of excommunication and suspension g . in this court of the arches the proctors thereof do wear such hoods , as bachelors of arts use to wear in the vniversities ; which habit or formality was first enjoyned by henry chichley archbishop of canterbury , in the year . h . the style of this court is , alma curia cant. de arcubus lond. and the appeal from it doth lie to the king in chancery i . ( . ) this court of the arches anciently holden in bow-church of london , is of very great antiquity ; the lord coke in the forecited place lets us to understand , that he meets with it in a very ancient record of a prohibition k , in curia christianitatis cotam decano de arcubus london . the statutes and ordinances of which court are very ancient , and to which those ordained by robert winchelsey archbishop of canterbury , above years since , do referr : robertus winchelse archiepiscopus cantuariensis descripsit judicibus , advocatis , procuratoribus , aliisque ministris almae suae curiae de arcubus jura quaedam & statuta , quae ipse in templo arcuato sedens pro tribunali legit atque obligavit . quinto idus novemb. anno . william de sardinia being then his official , and henry de nassington dean of the arches , the said officials commissary general ; by which statutes it was ordained , that the advocates belonging to the said consistory , should not exceed the number of sixteen ; nor the proctors above the number of ten ; nor should any of them , without the special license of the president of that consistory , absent themselves thence , by any attendance on any other consistory , at such times wherein causes were to be heard in the arches l ; and for the dispatch of the causes of poor and indigent persons , the judge may by the said statutes assign them advocates and proctors to prosecute for them gratis & charitative , and that nothing be paid for the process , acts of court , examinations , sentence , or other court-fees in such cases m . in which court the senior advocates by the same statutes are to take their places opposite to the judge , the others on each side of him , nigher to , or remoter from him according to their seniority ; the like order in court to be observed also by the proctors . and such was the devotion of those days in that consistory , that in order to an imploring of the divine assistance on their proceedings in judgment , it was further ordained , that divine service should be celebrated in bow-church immediately before the first , and after the last cession of every term , the judge , advocates , proctors , and other officers of the court to be present thereat . ( . ) the prerogative court of the archbishop of canterbury is that court , wherein all testaments are proved , and administrations granted of the goods and chattels of such persons , as dying within his province , had at the time of their death bona notabilia in some other diocess , than that wherein they dyed ; which bona notabilia regularly must amount to the value of five pounds , save in the diocess of london , where it is ten pounds by composition . the probat of every bishops testament , and the granting of the administration of his goods and chattels , albeit he hath not goods but within his own jurisdiction , doth belong to the archbishop . the like court hath the archbishop of york . from this court lies the appeal to the king in chancery . if one make two executors , one of seventeen years of age , and the other under , administration during the minority is void , because he of seventeen years old may execute the will , if administration during the minority in such case be granted ; and if the administrator brings his action , the executor may well release the debt . one was cited to appear in the prerogative court of canterbury , which lived out of the diocess of canterbury , and upon that he prayed prohibition upon the statute of h. . c. . which willeth , that none shall be cited to appear out of his diocess , without assent of the bishop , and prohibition was granted : and yet it was said , that in the time of h. . and q. ma. that the archbishop of canterbury had used to cite any man dwelling out of his diocess , and within any diocess within his province , to appear before him in the prerogative-court , and this without the assent of the ordinary of the diocess : but it was resolved by the court , that this was by force of the power legatine of the archbishop , that ( as lindwood saith ) ought to be expressed in the prohibition , for the archbishop of canterbury , york , pisa , and reymes , were legati nati , and others but legati à latere . the lord coke , in his institutes , par . . cap. . gives us the resolutions upon the statute of h. . cap. . that if a man makes his testament in paper , and dieth possessed of goods and chattels above the value of l. and the executor causeth the testament to be transcribed in parchment , and bringeth both to the ordinary , &c. to be proved ; it is at the election of the ordinary , whether he will put the seal and probat to the original in paper , or the transcript in parchment , but whether he put them to the one or to the other , there can be taken of the executor , &c. in the whole but s. and not above ; viz. s. d. to the ordinary , &c. and his ministers , and s. d. to the scribe for registring the same : or else the said scribe to be at his liberty , to refuse the said s. d. and to have for writing every ten lines of the same testament , whereof every line to contain ten inches , one penny . if the executor desire that the testament in paper may be transcribed in parchment , he must agree with the party for the transcribing ; but the ordinary , &c. can take nothing for that , nor for the examination of the transcript with the original , but only s. d. for the whole duty belonging to him . where the goods of the deceased do not exceed five pound , the ordinary , &c. shall take nothing , and the scribe to have only for writing of the probat six pence : so the said testament be exhibited in writing , with wax thereunto affixed ready to be sealed . where the goods of the deceased do amount to above the value of five pound , and do not exceed the sum of forty pound , there shall be taken for the whole but s. d. whereof to the ordinary , &c. s. d. and d. to the scribe for registring the same . where by custome less hath been taken in any of the cases aforesaid , there less is to be taken . and where any person requires a copy or copies of the testament so proved , or inventory so made , the ordinary , &c. shall take for the search , and making of the copy of the testament or inventory ( if the goods exceed not five pound ) six pence ; and ( if the goods exceed five pound , and exceed not forty pounds ) twelve pence . and if the goods exceed forty pounds , then two shillings six pence , or to take for every ten lines thereof of the proportion before rehearsed , a penny . and when the party dies intestate , the ordinary may dispose somewhat in pious uses , notwithstanding the act of ed. . but with these cautions : ( ) that it be after the administration granted , and inventory made , so as the state of the intestate may be known , and thereby the sum may appear to be competent . ( ) the administrator must be called to it . ( ) the use must be publick and godly . ( ) it must be expressed in particular . and ( ) there must be a decree made of it , and entred of record . ( . ) the court of audience , curia audientiae cantuariensis . the lord coke touching the jurisdiction of courts , taking notice of this of the audience among other of the ecclesiastical courts n , says , that this court is kept by the archbishop in his palace , and meddleth not with any matter between party and party of any contentious jurisdiction , but dealeth with matters pro forma , and confirmations of bishops elections , consecrations , and the like , and with matters of voluntary jurisdiction , as the granting of the guardianship of the spiritualties sede vacante of bishops , admissions and institutions to benefices , dispensing with banns of matrimony , and such like . this court did belong to the archbishop of canterbury , and was in point of authority equal with , but in point of dignity and antiquity inferiour to the court of arches . it seems that anciently the archbishop of canterbury did hear divers causes of ecclesiastical cognizance extra-judicially , and at home in his own palace , wherein , before he would come to any final determination , his usage was to commit the discussion thereof to certain persons learned in the laws civil and canon , who thereupon were styled his auditors , whence in process of time it center'd in one particular person styled , causarum negotiorumque audientiae cantuariensis auditor seu officialis : and from hence the original of this court is properly derived . with this office of the auditor the chancery of the archbishop is said to have been heretofore commonly joyned , not controverting any matters of contentious jurisdiction in any decisions of causes between plaintiff and defendant , but such only as were voluntariae jurisdictionis & ex officio , touching such things only as are fore-specified , and such like . by the provincial constitutions it is ordained , that for the ease of the people they may at times convenient ( to be assigned by the bishop ) have access to their diocesan , et quod praelati pers●● . liter audiant quaerelas in his cathedral , or next parochial church , vel in aliqua maneriorum suorum capella , si talis fuerit . lindw . de offic. jud. ord. cap. statuimus . in gloss . verb. in publico . it seems not altogether improbable , but that from the practice hereof this court of audience anciently had its original , as aforesaid ; and although it be not now in use as heretofore , yet considering the subject-matter it only took cognizance of , it was a good expedient to prevent many suits at law in foro contentioso . ( . ) faculty [ or , court of faculties ] in the sense here meant and intended , must not be understood according to its original and genuine signification , but as a term of art according to a limited construction , restrained under that peculiar notion and particular understanding which the law hath of it , in reference to a branch of the ecclesiastical jurisdiction : and so it is understood and commonly used for that priviledge or especial power , which is legally granted to a man by license , favour , indulgence , and dispensation to have or do that , which otherwise by the canon law he could not ; as to eat flesh upon days prohibited ; to marry without banns first published ; to hold two or more ecclesiastical benefices incompatible ; the son to succeed the father in his benefice , and such like . a faculty granted to one , who is not incumbent , to take a void benefice , is void : but a faculty to one , who is incumbent of a benefice to retain the same , is good . it is called faculties in the statute of h. . cap. . sir ed. coke makes mention of the court of faculties , although it holds no plea of controversie o . it belongs to the archbishop of canterbury , and his chief officer thereof is called magister ad facultates , whose power is to grant dispensations to the ends and purposes aforesaid ; and so may every diocesan , as to that of marriage , and eating of flesh on days prohibited . faculty ( according to sir ed. coke in the place fore-cited ) signifies a dispensation : so that facultates ( in this sense ) dispensationes & indulta are synonyma . who likewise there says , that this authority was raised and given to the archbishop of canterbury by the statute of h. . c. . whereby authority is given to the said archbishop and his successors to grant dispensations , faculties , &c. by himself or his sufficient and substantial commissary or deputy for any such matters , commonly called the master of the faculties , and of all such matters as whereof heretofore such dispensations , faculties , &c. then had been accustomed to be had at the see of rome , or by authority thereof . p for by the stat. of h. . c. . it appears , the bishop of rome did grant faculties and dispensations to the kings subjects , as , pluralities , unions , trialities , appropriations , commendams , exemptions . and the judgment of parliament expressed in the preamble of that statute of faculties is very remarkable to this purpose ; where it is recited , that the bishop of rome had deceived and abused the subjects of the crown of england , pretendig and perswading them , that he had full power to dispence with all human laws , vses , and customes of all realms , in all causes which be called spiritual : which matter hath been usurped and practised by him and his predecessors for many years , to the great derogation of the imperial crown of england . for whereas the said realm of england , recognizing no superiour under god , but the king , hath been , and yet is , free from subjection to any mans laws , but only to such as have been devised , made , and ordained within this realm for the weal of the same , or to such other as by sufferance of the king and his progenitors the people of this realm have taken at their free liberty , and by their own consent , to be used among them , and have bound themselves by long use and custome to the observance of the same , not as to the observance of the laws of any foreign prince , potentate , or prelate ; but as to the accustomed and ancient laws of this realm , originally established as laws of the same by the said sufferance , consent , and custome , and not otherwise : it standeth with natural equity and good reason , that all such human laws made within this realm , or induced into this realm by the said sufferance , consent , and custome , should be dispenced with , abrogated , amplified or diminished by the king and his parliament , or by such persons as the king and parliament should authorize , &c. vid. h. . . a. where it is said , that certain priests were deprived of their benefices by act of parliament in the time of r. . whereby it hath been concluded , that the king of england , and not the pope , before the making of the said statute of faculties , might de jure dispence with the ecclesiastical law in that and other cases . for although many of our ecclesiastical laws were first devised in the court of rome , yet they being established and confirmed in this realm by acceptance and usage , are now become english laws , and shall no more be reputed roman canons or constitutions : as rebuffus speaking de regula cancellariae romanae de verisimili notitia , haec regula ( says he ) ubique in regno franciae est recepta , & est lex regni effecta , & observatur tanquam lex regni , non tanquam papae regula ; & papa eam revocare non potest . the kings of england from time to time in every age before the time of h. . have used to grant dispensations in causes ecclesiastical ; for whereas the law of the church is , that every spiritual person is visitable by the ordinary , king william the conqueror by his charter dispenced with the exempted the abbey of battell from the visitation and jurisdiction of the ordinary in these express words , sitque dicta ecclesia libera & quieta in perpetuum ab omni subjectione episcoporum , & quarumlibet personarum dominatione , sicut ecclesia christi cantuariensis , &c. whereby he dispences with the law of the church in that case vid. libr. de vera differentia regiae potestatis & ecclesiasticae . edit . . where that whole charter is recited at large . the like charter was granted to the abbey of abingdon by king kenulphus , h. . , & . and cawdry's case , co. par . . fo . . a. so likewise every appropriation doth comprize in it a dispensation to the parson imparsonee , to have and retain the benefice in perpetuity , as appears in grendon's case . plow . com. . in which act the king by the common law shall be always actor , not only as supream patron , but also as supream ordinary ; as is also observed in grendon's case . for the king alone without the pope may make appropriations . e. . fitz. quare impedit . and in the case of malum prohibitum , and malum in se , in h. . . a. it is held , that the king may dispence with a priest to hold two benefices ; and with a bastard , that he may be a priest , notwithstanding the ecclesiastical laws which are to the contrary . and as he may dispence with those laws , so he may pardon all offences contrary to these laws , and his pardon is a barr to all suits pro salute animae , or reformatione morum , and all suits ex officio in the ecclesiastical court. hall's case , coke . par . fo . . in all faculties or dispensations , for the holding of two benefices , granted at the court of rome , there was always a particular derogation or non obstante the right of patronage of lay-patrons , and of the right of the king by name express , where the patronage belonged to him , otherwise the faculty was void ; for by the canon law the lay-patrons ought to be called to give their consents in all cases of that nature ; and if such a particular non obstante were not added in the faculty , then there was inserted another clause , viz. dummodo patronorum expressus accedat consensus ; also by another clause authority was always given to the official or archdeacon , or other ecclesiastical minister , to put him , to whom the faculty is granted , into possession of the benefice cum acciderit . and because by the canon law the patron 's consent was ever requisite in a commenda , for that reason in every faculty or license granted by the pope to make a permutation , union , or appropriation of churches , these words were ever added , viz. vocatis quorum interest , which chiefly intends the patron . and which union and approbation shall not according to the common law be made without the patron 's assent . vid. h. . . h. . . ass . p. . ed. . . grendon's case , plow . com. . a. a faculty or dispensation is of such force , that if a clerk be presented to a benefice with cure , and be admitted , instituted , and inducted into the same , so that the church is full of him , if afterwards he be presented to another benefice incompatible , or elected to a bishoprick , and before he is instituted to the second benefice , or be created bishop , he obtain a faculty or dispensation to retain the first benefice perpetuae commendae titulo , that is , for his life , that faculty or dispensation shall be of such effect , that the former benefice shall not be void by acceptance of the second , or by promotion to the bishoprick ; but he shall remain full and perfect incumbent of the first benefice during his life . in the time of h. . when henry beaufort , great uncle to the king , being bishop of winchester , was made a cardinal , and after that purchased from the pope a bull declaratory , that notwithstanding he were made cardinal , yet his bishoprick of winchester should not be void , but that he might retain the same as before ; yet it was held , that the see of winchester was void by assuming the cardinalship , which exempts the bishop from the jurisdiction of his metropolitan ; and for that the cardinal fell into a praemunire , for which he purchased his pardon , which is sound among the charters h. . in archivis turr lond. , & eliz. dyer . a. jo. packhurst being elected to the bishoprick of norwich , before that he was created bishop , obtained a faculty or dispensation from the archbishop of canterbury ( by force of the statute of faculties ) to retain a parsonage which he had before in commendam , for three years , viz. à festo michaelis an. dom. . usque ad idem festum , in an. . before the first feast of st. michael , packhurst is created bishop , and afterwards he resigned the benefice . and the question was , whether that benefice became void by the resignation of packhurst , or by his promotion to the bishoprick ? and it was adjudged , that the church became void by his resignation : which proves , that by virtue of the said faculty or dispensation he continued parson until he had resign'd . vid. n. br. . h. if a parson who hath a faculty or dispensation to hold his rectory , be created a bishop , and after the patron present another incumbent , who is instituted and inducted , now the bishop shall have a spoliation against that incumbent ; which proves that his real possession in the parsonage always continued by virtue of the said faculty or dispensation . and in this case of a commendam in sir joh. davis reports , this difference is put between a faculty to take a benefice , and a faculty to retain a benefice , viz. that a faculty granted to one who is not incumbent to take a void benefice , is void : and a faculty to one who is incumbent of a benefice to retain the same benefice , is good . by virtue of these faculties , dispensations , and provisions from the pope , edmond the monk of bury , who was a minister in the court of king ed. . had many benefices ; as appears in the foresaid case of the bishop of st. davids , h. . and hankford said in the same case , fo . . a. that by virtue of such faculty one and the same person had been abbot of glastenbury , and bishop also of another church simul & semel , and had the possessions and dignity of both at the same time . likewise hen. chichley ( who was afterwards archbishop of canterbury ) being a prebend in the cathedral church of sarum , was elected bishop of st. davids , and before his consecration , the pope reciting by his bull , that he was elected bishop of st. davids , granted him a faculty and power to hold and enjoy all his other benefices , till the pope should otherwise order , &c. vid. nov. decis . rot. . and that these faculties or dispensations to hold benefices in commendam , were granted in the court of rome in the time of king h. . appears in lindw . de praeb . c. audistis . ver . dispensatione . and although in case of hen. beauford aforesaid , it was held , that the dispensation came too late , it being granted after the bishop was created cardinal ; yet afterwards in the time of king h. . cardinal wolsey , having , before he was created cardinal , obtained a bull from the pope , to retain the archbishoprick of york as perpetual administrator , and the abbey of st. albans in perpetuam commendam , he held both during his life by virtue of the said faculty or dispensation . vid. h. . . b. by these presidents and authorities it is evident , that before the making of the foresaid statute of faculties , such dispensations were had and obtained at the court of rome , to hold in commendam ecclesiastical benefices in england . but the truth is ( as in the foresaid case de commenda . davis rep. ) such faculties or dispensations granted by the pope touching ecclesiastical benefices in england were ever contrary to the law of the realm , for it was a meer usurpation on the crown of england before the statutes made against provisors . and these statutes were made in declaration of the common law in that point . ed. . fitz. qua. imp. . ed. . eitz . qua non admisit , . ed. . fitz. qua. imp. . ed. . . h. . . a. it is also meet to be known , that long before king h. . the statute of r. . and divers other laws against provisors , and appeals to rome , and the popes usurpation upon the rights of the crown of england , were made well-nigh as severe as any since . the first encroachment of the bishop of rome upon the liberties of the crown of england was made in the time time of king william the conqueror ; for before that time the pope's writ did not run in england , his bulls of excommunication and provision came not thither , nor were any citations or appeals made from thence to the court of rome . eleutherius the pope , within less than two hundred years after christ , writes to lucius the brittish king , and calls him god's vicar within his kingdom . pelagius the monk of bangor , about an. . being cited to rome , refused to appear upon the pope's citation , affirming , that britain was neither within his diocess nor his province and when about the year , augustine the monk was sent by gregory the great into england , to convert the saxons , the brittish bishops then in wales regarded neither his commission nor his doctrine , as not owing any duty to , nor having any dependence on the court of rome , but still retained their ceremonies and traditions , which they received from the east-church upon the first plantation of the faith in that island . and though ina the saxon king gave the peter-pence to the pope , partly as alms , and partly in recompence of a house erected in rome for english pilgrims , yet certain it is , that alfred , aethelstane , edgar , edmond , cauutus , and edward the confessor , and other kings of the saxon race , gave all the bishopricks in england per annulum & baculum . ( . ) in the case of evans against askwith , it was agreed q , that the nature of a dispensation is , for to derogate and make void a statute , canon , or constitution , as to that which it prohibites as to the party , and it is as an exception ( as to him ) out of the statute or constitution . it is said , that a dispensation is provida relaxatio mali prohibiti necessitate vel utilitate pensata r . and in the same case it was also resolved by all the judges , that the king hath power to dispence with statutes and canons in force within this realm : by the very common law , of right it was in the king ; for the canons are the ecclesiastical laws of the land , and do not bind , except they are received in the realm , as appears by the statute of h. . c. . s . and by the statute of merton , touching one born before marriage , as by the canon , yet at common law he is legitimate . and h. . . it is said , that the king may dispence with one to hold two benefices ; and it seems the pope de facto and by usurpotion did use to dispence , and by the stat. of h. . cap. . the power is taken from the pope and conferr'd cumulative on the king t : and by the stat. of h. . the archbishop of canterbury may dispence in divers cases ; but that doth not exclude the power of the king. ( . ) in the same case it was held per curiam una voce , that where a dean is made a bishop , with a dispensation from the king to hold the deanary notwithstanding the bishoprick , such dispensation continues him dean as before , by force and virtue of his former title to all intents and purposes , so as that he may confirm , or make leases , or do any other act as a dean , as if he had not been made a bishop at all ; for before the cano nor constitution made at the council of laterall , for the voidance of the first benefice by taking another benefice or promotion , it was lawful and not forbidden so to do ; and the nature of the dispensation is to exempt him from the penalty , and so it remains as if the canon had never been made , which appears by h. . in the case of the bishop of st. davids , that such a person that had such a dispensation being defendant in a quare impedit counterpleaded the title of the plaintiff , which he could not do by the statute of ed. . unless he had been the possessor thereof , and he in possession by h. . dyer . is one who is and continues incumbent by institution and induction : therefore in this case the first title and induction continues ; and in the same case it was also agreed , that such dispensation is not any provision , for no new thing is done , but the ancient title continues . and in fitz. n. b. brief spoliation , such a person may maintain a spoliation , and none can maintain that , unless he continue his institution and induction , parkhur's case , & eliz. such a commendam continues to the person , be it that the benefice be void by resignation ; and jac. in a quare impedit in c. b. by woodley against the bishop of exeter and manwayring , it was so resolved and adjudged , and the words of that dispensation are sufficient ; for it is to retain it during his life in commendam , aut modo quocunque de jure magis efficaci , and all the profits thereto belonging , ac caetera facere & perimpl●re quae ad deconatum pertinent in tam amplis modo & forma , as if he had not been promoted to be a bishop , with a non obstante to all canons ▪ &c. and so they all concluded , that the dispensation continues him dean , enabling him to confirm leases made by the bishop . ( . ) w. libels for a legacy in the ecclesiastical court against b. who moves for a prohibition , because he had there pleaded plene administravit , and proved that by one witness , and they would not allow it . richardson , before the statute of ed. . the proper suit for tithes was there , and if they allow not one witness to prove payment , a prohibition shall be granted . and he put morris and eaton's case in the bishop of winchester's case , where it was ruled ; if the ecclesiastical court will not allow that plea which is good in our law , a prohibition shall be granted , as in the case of tithes . and he said , the case of a legacy is all one . crook , when one comes to discharge a thing by due matter of law , and proves it by one witness ; if it be not allowed , no prohibition shall be granted there . richardson , our case is proof of plene administravit pleaded , which goes in discharge : but if there be enough pleaded , which goes in discharge , and proves that by one witness , and not allowed , a prohibition shall be granted . hutton said , that properly for a legacy the suit is in the ecclesiastical court : although they may sue in the chancery for it , yet the proper court is the ecclesiastical court. and they said , that they used to allow one witness with other good circumstantial proofs , if they be not in some criminal causes , where of necessity there must be two witnesses . in one hawkin's case , farmor of an appropriation , libels for tithes of lambs for seven years : and there payment was proved by one witness , and a prohibition was granted for non-allowance . yelverton , there may be a difference where the suit is meerly ecclesiastical for a sum of money , as for a legacy , there the payment of the legacy is of the nature of the thing , and the ecclesiastical court shall have jurisdiction of the proof and matter . but if one gives a legacy of twenty oxen , and the other pleads payment of as much money in satisfaction , there they cannot proceed , but at common law , for that , that the legacy is altered ; and if a proof of one witness is not accepted , a prohibition shall be granted , for now it is a legal trial , h. . if the principal be proper for their court , the accessory is of the same nature . also the suit is commenced for a legacy , and the other pleads plene administr . there they proceed upon the common law : for they sometimes take that for assets , which our law does not take . it was adjudged in the kings-bench . that where a proof by one witness of a release of a legacy is disallowed , a prohibition shall be granted . crook , in this case a proof of setting out of tithes by one witness disallowed , a prohibition shall be granted u . ( . ) one was obliged in the ecclesiastical court not to accompany with such a woman , unless to church or to a market overt . and afterwards he was summoned to the ecclesiastical court , to say , whether he had broken his obligation , or not ? and ayliffe moved for a prohibition , which was granted ; for that , that the forfeiture is a temporal thing ; and it does not become them in the ecclesiastical court , to draw a man in examination for breaking of obligations , or for offences against statutes x . c. administrator durante minori aetate of his brothers son ; the son died , and made the wife of h. his executrix , who called c. to account in the ecclesiastical court for the goods . and he pleads an agreement between him and h. and that he gave l. in satisfaction of all accounts : but they did not accept the plea ; for that a prohibition was prayed to be granted . richardson , if the party received the money in satisfaction , then there shall not be a prohibition granted ; but if there were only an agreement without payment of money , then otherwise . crook , it is a spiritual matter , and they have jurisdiction to determine of all things concerning that . but the agreement prevents , that it cannot come into the ecclesiastical court y . g. libels against b. before the high commissioners for an assault made upon him , being a spiritual person . and attbowe prayed a prohibition ; for that although their commission by express words gives them power in that case , yet that commission is granted upon the statute of eliz. and it is not within the statute : and although it be within the commission , yet they have not jurisdiction . the words of the statute are , that such jurisdictions and priviledges , &c. as by any ecclesiastical power have heretofore been , or lawfully may be exercised for the visitation of ecclesiastical state and persons , and for reformation of the same , and for all manner of errors , heresies , schisms , abuses , offences , contempts , and enormities , &c. these words extend only to men who stir up dissentions in the church , as schisimaticks , and new-sangled men , who offend in that kind . henden serjeant , the suit is there for reformation of manners ; and before the new amendment of the commissions , prohibitions were granted , if they meddled with adultery , or in case of defamations ; but now by express words they have power of these matters . and that matter is punishable by the commissioners for two causes : ( ) there is within the act of parliament by the words annexed , all jurisdictions ecclesiastical , &c. ( ) it gives power to the commissioners to exercise that ; and that is meerly ecclesiastical , being only pro reformatione morum , &c. the king by his prerogative having ecclesiastical jurisdiction , may grant commissions to determine such things , rep. ecclesiastical cases , fol. . and richardson said , the statute de articulis cleri gave cognizance to the ordinary for laying violent hands on a clerk. but you affirm , that all is given to the commissioners , and thereby they should take all power from the ordinary : but by the court , the commissioners cannot meddle for a stroke in church-land , nor pro subtractione decimarum . and yet they have express authority by their commission ; for by that course all the ordinaries in england should be to no purpose . and so upon much debate a prohibition was granted z . on an arrest on christmas-day , it was said by richardson chief justice , that upon arresting a man upon christmas-day , going to church , in the church-yard , he who made the arrest , may be censured in the star-chamber for such an offence . quod nota. it was also said by richardson , that if a man submit himself out of the diocess to any suit , he can never have a prohibition , because the suit was not according to the statute , h. . commenced within the proper dioc●ss , as it was adjudged . quod nota a . it the ecclesiastical court proceed in a matter that is meer spiritual , and pertinent to their court , according to the civil law , although their proceedings are against the rules of the common law , yet a prohibition does not lie . as if they refuse a single witness to prove a will , for the cognizance of that belongs to them . and agreed also , that if a man makes a will , but appoints no executor , that that is no will , but void : but if the ordinary commits the administration with that annexed , the legatary to whom any legacy is devised by such will , may sue the administrator for their legacies in the ecclesiastical court. peep's case , a prohibition was denied where they in the ecclesiastical court refused a single witness in proof of payment of a legacy b . after prohibition , if the temporal judge shall upon sight of the libel conceive , that the spiritual court ought to determine the cause , he is to award a consultation and by the sta● . of e. . c. . the ecclesiastical judge may proceed by vertue of the consultation once granted , notwithstanding any other prohibition afterwards , if the matter in the libel be not enlarged or changed . b. administrator of a. makes c. his executor and dies ; c. is sued in the ecclesiastical court to make an account of the goods of a. the first intestate : and c. now moves for a prohibition , and had it ; for an executor shall not be compel'd to an account : but an administrator shall be compel'd to account before the ordinary c . resolved by the court , that a prohibition shall not be awarded to the admiral or ecclesiastical courts after sentence ; also that a plea was there pleaded and refused , which was triable at common law d . note , a prohibition was awarded upon the statute of h. . because the party was sued out of the dioc●ss . and now a consultation was prayed , because the interiour court had remitted that cause to the arches , and their jurisdiction also ; yet a consultation was denied e . a suit was in the ecclesiastical court , and sentence passed for one with costs , and nine months after the costs are assest and taxed ; and then comes a pardon of jac. which relates before the taxing of the costs . but afterwards the sentence and that pardon was pleaded , and allowed in discharge of the costs . then w. who had recovered , sues an appeal , and p. brought a prohibition , and well , and no consultation shall be awarded , because by the court , that pardon relating before the taxation of cost , had discharged them . as . hall's case f . b. and two others sue upon three several libels in the ecclesiastical court , and they joyn in a prohibition . and by the court that is not good : but they ought to have had three several prohibitions ; and therefore a consultation was granted . mich. & eliz. c. b. if a. libels against b. for three things , by one libel , b. may have one or three prohibitions . note , dyor . g . ( . ) by the statute of h. . cap. . appeals to rome being prohibited , it is ordained , that for default of justice in any of the courts of the archbishops of this realm , &c. it shall be lawful to appeal to the king in his high court of chancery , and thereupon a commission shall be granted , &c. and by a proviso towards the end of that statute , an appeal is granted to the king in chancery on sentences in places exempt in such manner as was used before to the see of rome . so that this court grounded on the said commission is properly as well as vulgarly called , the court of delegates , for that the judges thereof are delegated to fit by virtue of the kings said commission under his great seal upon an appeal to him in chancery , and that specially in three causes : ( ) when a sentence is given in any ecclesiastical cause by the archbishop or his official . ( ) when any sentence is given in any ecclesiastical cause in places exempt . ( ) when a sentence is given in the high court of admiralty in suits or actions civil and maritime , according to the civil law. that this court of delegates may excommunicate h , was resolved by all the judges in the archbishop of canterbury's case i . they may also commit or grant letters of administration k . this court of delegates is the highest court for civil affairs that concern the church , for the jurisdiction whereof it was provided , h. . that it shall be lawful for any subject of england , in case of defect of justice in the courts of the archbishop of canterbury , to appeal to the king's majesty in his court of chancery , and that upon such appeal , a commission under the great seal shall be directed to certain persons , particularly designed for that business : so that from the highest court of the archbishop of canterbury , there lies an appeal to this court of delegates . of this subject of appeals the lord coke says , that an appeal is a natural defence , which cannot be taken away by any prince or power , and in every case generally when sentence is given , and appeal made to the superiour , the judge that did give the sentence is obliged to obey the appeal , and proceed no further until the superiour hath examined and determined the cause of appeal . nevertheless where this clause ( appellatione remota ) is in the commission , the judge that gave sentence is not bound to obey the appeal , but may execute his sentence and proceed further , until the appeal be received by the superiour , and an inhibition be sent unto him : for that clause appellatione remota hath three notable effects ; ( ) that the jurisdiction of the judge à quo is not by the appeal suspended or stopped , for he may proceed the same notwithstanding . ( ) that for proceeding to execution or further process , he is not punishable . ( ) that these things that are done by the said judge after such appeal cannot be said void , for they cannot be reversed per viam nullitatis . but if the appeal be just and lawful , the superiour judge ought of right and equity to receive and admit the same ; and in that case he ought to reverse and revoke all mean acts done after the said appeal in prejudice of the appellant . at the parliament held at clarendon , an. h. . cap. . the forms of appeals in causes ecclesiastical , are set down within the realm , and none to be made out of the realm , ne quis appellat ad dominum papam , &c. so that the first article of the statute of h. . concerning the prohibiting of appeals to rome is declaratory of the ancient law of the realm . and it is to be observed ( says the lord coke ) that the first attempt of any appeal to the see of rome out of england , was by anselme archbishop of canterbury , in the reign of william rufus , and yet it took no effect . touching the power and jurisdiction of the court of delegates . vid. le case stevenson versus wood. trin. jac. b. r. rot. . in bulstr . rep. par . . wherein these three points are specially argued , ( ) whether the judges delegates may grant letters of administration ? ( ) whether in their person the king be represented ? ( ) whether the court of delegates may pronounce sentence of excommunication , or not ? ( . ) the high commission-court in causes ecclesiastical was by letters patents , and that by force and virtue of the statute of eliz. cap. . the title whereof is , an act restoring to the crown the ancient jurisdiction ecclesiastical , &c. the high commissioners might , if they were competent , that is , if they were spiritual persons , proceed to sentence of excommunication l . what the power of this court was , and whether they might in causes ecclesiastical proceed to fine and imprisonment , is at large examined by the lord coke in the fourth part of his institutes , where he reports the judgment and resolutions of the whole court of common pleas thereon , pasch . jac. reg. upon frequent conferences and mature deliberation , set down in writing by the order and command of king james . likewise whom , and in what cases the ecclesiastical courts may examine one upon oath , or not ( there being a penal law in the case ; ) and whether the saying , quod nemo tenetur seipsum prodere , be applicable thereunto . vid. trin. jac. b. r. burroughs , cox , &c. against the high commissioners . bulstr . par . . ( . ) the statutes of h. . and h. . do ordain , that upon certain appeals the sentence given shall be definitive , as to any further appeal ; notwithstanding which , the king as supream governour , may after such definitive sentence grant a commission of review or ad revidendum , &c. m sir ed. coke gives two reasons thereof , ( ) because it is not restrained by the statute . ( ) for that after a definitive sentence , the pope as supream head by the canon law used to grant a commision ad revidendum ; and what authority the pope here exercised , claiming as supream head , doth of right belong to the crown , and by the statutes of h. . cap. . and eliz. cap. . is annexed to the same . which accordingly was resolved hollingworth's case ; in which case presidents to this purpose were cited in michelot's case , eliz. in goodman's case , and in huet's case , eliz. also vid. stat. eliz. cap. . in the case between halliwell and jervoice , where a parson sued before the ordinary for tithes , and thence he appeals to the audience , where the sentence is affirmed ; then the party appeals to the delegates , and there both sentences are repealed : it was agreed , that in such case a commission ad revidendum the sentences may issue forth ; but then such a reviewing shall be final without further appeal : but if the commissioners do not proceed to the examination according to the common law , they shall be restrained by a prohibition n . ( . ) the court of peculiars is that which dealeth in certain parishes , lying in several diocesses , which parishes are exempt from the jurisdiction of the bishops of those diocesses , and are peculiarly belonging to the archbishop of canterbury : within whose province there are fifty seven such peculiars ; for there are certain peculiar jurisdictions belonging to some certain parishes , the inhabitants whereof are exempt sometimes from the archdeacons , and sometimes from the bishops jurisdiction . ( . ) if a suit be in the ecclesiastical court for a modus decimandi , if the desendant plead payment , it shall be tryed there , and no prohibition may be granted , for that the original suit was there well commenced o . so if payment be pleaded in a suit depending in the ecclesiastical court for any thing whereof they have the original cognizance p . but if a man sue for tithes in the ecclesiastical court against j. s. and makes title to them by a lease made to him by the parson ; and j. s. there also makes title to them by a former lease made to him by the same parson : so that the question there is , which of the said leases shall be preferred . in this case a prohibition shall be granted , for they shall not try which of the said leases shall be preferr'd , although they have cognizance of the original ; for the leases are temporal q . if a man having a parsonage impropriate make a lease for years of part of the tithes by deed , and the deed be denied in the ecclesiastical court , and issue taken thereon , a prohibition shall be granted r . if a parson compound with his parishioner for his tithes , and by his deed grant them to him for a certain sum for one year according to agreement , and after he sue the parishioner in the ecclesiastical court for tithes in kind : no prohibition to be granted on that discharge by deed : for they may well try that , having cognizance of the principal s . if a parson lease all the tithes of his benefice to the parishioner , and after sue him in the ecclesiastical court for his tithes in his hands ; no prohibition to be granted , for the lease is a good discharge there t . likewise , if the parishioner grant land to the parson for and in lieu of his own tithes , and after the parson sue him in the ecclesiastical court for the tithes ; no prohibition to be granted , for that matter will be a good discharge there u . if a parson sue for tithes in the ecclesiastical court , and the defendant there plead an arbitrement in bar , they shall try that there ; and no prohibition to be granted upon that , &c. for by intendment it is a good discharge there x . likewise , if a parson sue for tithes in the ecclesiastical court , and the defendant there plead a lease of them by deed by the parson to him rendring rent ; to which the plaintiff says , the rent was reserved upon condition of non-payment to be void , and averrs , that it was not paid at a certain day , and the other pleads payment at the day : this shall be tryed there , and no prohibition granted y . if a parson lease by deed the tithes of the parish , and after sues for the tithes in the ecclesiastical court , and there the lease is pleaded , where the question between them is , whether it be the tithes of the whole parish , or only of some particular things ? yet no prohibition lies , for they have cognizance of the original ; but if they judge contrary to the common law , a prohibition lies after sentence z . if a man sue for a legacy in the ecclesiastical court , and the defendant plead a release in bar , and the plaintiff deny it ; that shall be tryed there , for that it arises from the original cause whereof they have the jurisdiction a . if an administrator sue for a legacy due to the deceased in the ecclesiastical court , and the defendant plead the release of the deceased in bar , and the plaintiff avoid it , for that the deceased was an ideot ; that ideocy shall be tryed there , and no prohibition granted , for that they have jurisdiction of the original matter b . if a parson sue in the ecclesiastical court , and the defendant there plead , that the plaintiff was presented upon a simonaical contract against the stat. of eliz. that shall be tryed there , for that they have jurisdiction of the original thing c . but the ecclesiastical court can take no cognizance of a custome whereby the inheritance is perpetually charged , although the thing customable be cognizable by them ; and therefore if the church-wardens of the parish of s. libel in the ecclesiastical court against j. s. farmer of the farm of d. for a contribution to the reparation of the church , and alledge , that part of the farm lies in the parish of s. and part thereof in the parish of w. and alledge a custome , that the farmers of the said farm have used time out of mind to contribute to the reparation of the church of s. throughout the whole farm : if the defendant saith , that part of the land of the said farm lieth within the parish of w. and that it had used time out of mind , &c. for that part to contribute to the church of w. and not to s. and so deny the said prescription : this shall not be tryed in the ecclesiastical court , but at the common law , and for that a prohibition lies ; for they shall not try a custome in the ecclesiastical court , by which the inheritance is to be perpetually charged d . if a. the parson of d. sue for tithes in the ecclesiastical court against b. who pleads a lease for years made to him by the parson ; to which a. the parson replies , that he was non-resident , and absent days and more in such a year , &c. from his benefice , by which the lease became void : no prohibition lies upon that plea , for that it is grounded on the statute of eliz. and although it was objected , that the judges ecclesiastical shall not have the exposition of a statute ; yet for that they have jurisdiction of the original cause , they shall have power to try that which incidently doth arise from thence ; and the prohibition was denied e . ( . ) a prohibition was prayed upon the statute of h. . for suing for a legacy of ten pounds in the prorogative court , whereas the party did dwell in another diocess ; but because the will was proved in that court , and there sentence was given for the legacy , and an appeal upon the sentence to the delegates , where it was affirmed , and endeavour was to stay the suit by the statute , the party having so long allowed of the jurisdiction of the court ; adjudged , the party came too late now to have a prohibition . ( . ) in norwood's case it was held , that where a man is sued in the ecclesiastical court for slanderous words , a general pardon doth not aid the party , for staying the suit there , which is for or ad instantiam partis ; but contrary , where the party is sued there ex officio judicis . ( . ) in order to a prohibition it was surmised , that the defendant was a clerk , and assaulted his servant , and he coming to keep the peace and to aid his servant , laid his hands peacably upon the defendant ; for which he sued him in the ecclesiastical court , where he pleaded this matter , and they would not allow of his plea : it was said by the justices , that this case was out of the statute of articuli cleri & circumspecte agatis ; for here the party had ( quaere by what law ? for this is not in the case of se defendendo ) good cause to beat the clerk , and a prohibition was granted . ( . ) by the justices , if issue be joyned , whether a church be void by cession , deprivation , or resignation , it shall be tried by the countrey , because it is a thing mixt ; for the avoidance is temporal , and the deprivation is spiritual : but habilitie , bastardy , ne unque accouple en loyal matrimony shall be tried by the certificate of the bishop but bastardy pleaded in a stranger to the writ shall be tried by the country . ( . ) a sentence was given definitive in the ecclesiastical court in a suit there for tithes , pro triplici valore ; a prohibition was prayed ; a special prohibition was awarded , that they should not proceed to the execution of the sentence , as to the treble value , because that court is not to give the treble value , but the double value only . ( . ) in a case between a parson and church-wardens against one reynolds , it was suggested , that all those who had the house wherein the said reynolds did dwell , had used to find meat and drink for the parson and them , going in procession in rogation-week , at his house ; and because he did not find them meat and drink , they sued him in the ecclesiastical court , and a prohibition was awarded , because the custome was a custome against the law. ( . ) in babington's case it was resolved , that if one be sued in the ecclesiastical court ex officio , or by libel , and he demand the copy of the libel which is denied ; that a prohibition lieth in such case . vid. stat. h. . ( . ) in a prohibition upon a libel in the ecclesiastical court , where the suit was for tithe-apples , in discharge of which he there pleaded an award , which was , that he was to pay so much for the tithe ; pleads there the arbitrement , the which plea they refused , supposing this to be void : upon this a prohibition prayed . coke , we will not grant a prohibition in this case : so in a suit there for a legacy , if payment of the same be there pleaded , which is not sufficient , the payment is triable there by r. . fol. . when the original begins in the ecclesiastical court , although that afterwards a matter happens in issue , which is triable at the common law , yet this shall be tried there by the ecclesiastical law : as if one do sue there for a horse to him devised , the defendant there pleads , that the devisor did give this horse unto him in his life time ; this is triable by our law , yet this shall be tried there by their law. in the same manner it is , where the original doth begin here , the same shall be tried here by our law , as in a quare impedit , able , or not able ; if it were otherwise , they should there try nothing , this is belonging to them ; but if they will there draw the matter , ad aliud examen , as upon proof of a deed , they judge otherwise than we do : as in case of a lease for years to be made , they hold the same to be traditione , or void ; and so a grant of goods to be delivered , or not good . if they will judge in common law-matters , otherwise than we do , there in such case a prohibition lies : that which we call orders , they amongst them do call acts : the court all clear of opinion , that this plea of the award there pleaded , and by them refused , no ground for a prohibition ; and so by the rule of the court a prohibition was denied . and in dicke's case against browne a prohibition was denied , and a consultation granted , because the ecclesiastical court ( as was then admitted ) having cognizance of the principal , hath cause also there to determine of the accessory . ( . ) if a parson sue upon the stat. of ed. . in the ecclesiastical court for the double value for not setting forth the tithes , and the defendant surmize , that he did set them forth , and that they would not there allow or admit the proof thereof by one witness ; no prohibition lies for that , because they have the cognizance of the matter f . in this case the prohibition was denied per curiam . ( . ) if the bounds of a village in a parish come in question in the ecclesiastical court , in a suit between the parson impropriate and the vicar of the same parish , as if the vicar claim all the tithes within the village of d. within the parish , and the parson all the tithes in the residue of the parish ; and the question between them is , whether certain lands whereof the vicar claims the tithe , be within the village of d. or not , yet inasmuch as it is between spiritual persons , viz. between the parson and the vicar , although the parson be a lay-man , and the parsonage appropriate a lay-see , yet it shall be tried in the ecclesiastical court , and no prohibition be granted ; and in this case the prohibition was denied g . ( . ) where suit hath been in the ecclesiastical court for something spiritual mixt with other matter triable at common law ; in such case a prohibition hath been granted as to the matter triable by the common law , and not as to the rest , if they may be severed h . as if a suit be in the ecclesiastical court to avoid the institution of one is instituted to a. his chappel of ease as he pretends ; if the other suggest , that a. is a parochial church of it self : a prohibition lies as to a trial , whether it be a parochial church of it self or not , for that they shall not try the bounds of the parish ; but not as to a trial concerning the institution , for that belongs to the ecclesiastical court to examine whether it be well done , or not i . but houghton said , they cannot well try the institution without trying the bounds of the parish k . if a testament be made of lands and goods , and there be a suit in the ecclesiastical court for the goods , and the question be , whether the testator did revoke his will in his life time , or not : a prohibition lies as to the land , and not as to the goods l . so if a man sues for the probat of a testament in the ecclesiastical court , and in the testament there be lands devised , and other personal goods : a prohibition lies as to the land , but not as to the rest m . upon an allegation in such case , that the devisor revoked his will before his death , a prohibition was granted as to the land n . ( . ) if a man be sued out of his diocess , and there answers without taking exception thereunto , and afterwards sentence be given against him , he shall not after have a prohibition , for that he did not take exception to the jurisdiction before , but affirmed the jurisdiction ; in this case prohibition hath been denied o . if it appears in the libel , that the court hath not jurisdiction of the cause , a prohibition lies after sentence ; but otherwise it is , if it doth not so appear in the libel , but by averment p . generally , if a suit be in the ecclesiastical court , and sentence there given for the plaintiff , and thereupon the defendant appeals , and after pray a prohibition ; no prohibition is to be granted , although if he had come before sentence , it ought to have been granted , for that it is inconvenient , after so much expence and no exception taken to the jurisdiction , then to grant a prohibition q . where a man by intendment shall have remedy by appeal , no prohibition lies ; and therefore if a man devise a legacy to b. to be paid him within one year after his death , provided , that if he die within the year , that then the legacy shall be void , and shall be divided between d. and e. and after b. die within the year , and his executor sue for the legacy , and sentence given for him , for that they there held the condition to be void : yet no prohibition lies , for that by intendment he hath his remedy by appeal ; and in this case a prohibition was denied r . if a man hath a prohibition on a libel for tithes of faggots , on a suggestion , that the faggots were made of great trees above twenty years growth , and in the suggestion the quantity of faggots be mistaken ; yet if it appears that he made his suggestion according to the copy of the libel given him by his proctor , no consultation shall be brought , for by the statute of h. . he ought to have a true copy of the libel s . ( . ) the case was , where a. sued b. for tithes within the parish of c. — b. said , they were within the parish of d. and the parson of d. came pro interesse suo , and they proceed there to sentence . question , if in such a parish or such a parish , shall be tried by the law of the land or of the church ? wray said , it was triable by the common law : fenner said , the pope hath not distinguished of parishes , but ordained , that tithes shall be paid within the parish t . ( . ) k. ●arson of s. sued c. in the spiritual court for tithes of certain lands in the parish of s. — d. plaintiff in the prohibition , came pro interesse suo , and said there was a custome within the parish of s. that the parson of h. shall have tithes cheeses of the lands in s. and in recompence thereof the parson of s. had cheeses for the tithes of h. it was said , the right of tithes were in question , and not the bounds of the parish , and therefore no prohibition ; and of that opinion was the court , and a consultation awarded u . ( . ) if an administration be granted to a. where it ought not to be granted to him , and after the administration be repealed , and granted to b. for that he is the next of kin ; in this case b. may sue a. in the ecclesiastical court to account for the profits of the goods and chattels of the deceased during his time , and no prohibition to be granted , for b. cannot have an action of trespass against a. nor hath he any remedy for them at the common law x . ( . ) a parson may sue in the ecclesiastical court for a modus decimandi , and no prohibition shall be granted , for it is in the nature of tithes y . but a prescription cannot be tried in the ecclesiastical court , for that it ought to be tried by a jury , which cannot be there z . yet if a parson prescribe to have tithes of things not tithable , as of rents of houses , he may sue for that in the ecclesiastical court , and no prohibition lies ; yet no tithes de jure ought to be paid of them a . so he may sue in the ecclesiastical court for the tithes of great trees , which he claims by prescription , and no prohibition lies , yet de jure they are not tithable . quaere h. . . ( . ) if there be a custome , that after the grass is cut and set into grass-cocks , the tenth cock be assigned to the parson , and that by the custome it shall be lawful for him to make the same into hay upon the land , and the owner of the land disturb him from making the same , he may sue for that in the ecclesiastical court ; and no prohibition shall be granted , for that is incident to the custome to come there to make the same into hay b . also the proper place to sue for a legacy , is the ecclesiastical court , for that it is not any debt , but only due by the will. if a. do owe to b. five marks , and he devise by his will , that whereas he doth owe five marks to b. his executor shall make it l. the suit for that l. may be in the ecclesiastical court , for that is not any addition to the five marks , but a new sum given in satisfaction of the five marks , and so no part of the l. any debt , but only a legacy c . also if a man devise a rent out of his stock and house which he hath for years , the devisee may sue for that rent in the ecclesiastical court , for that it issues out of a chattel , and no remedy for it at the common law d . if a man possessed of a lease for years , devise that his executor shall out of the profits thereof pay l. to each of his daughters at their full age , the executor may be sued in the ecclesiastical court to put in sureties to pay the legacies , and no prohibition shall be granted , for that is to issue out of a chattel e . ( . ) if there be a question between two persons touching several grants , which of them shall be register of the bishop's court ; that shall not be tried in the bishop's court , but at common law , for although the subjectum circa quod be spiritual , yet the office it self is temporal f . also if a man set forth his tithes by severance of nine parts from the tenth , and after carry away the tenth part ; the parson cannot sue for that in the ecclesiastical court , for that by the severance of the nine parts it did become a chattel , for which he might have his action of trespass g . ( . ) it is reported . that if a suit be in the ecclesiastical court against a woman for exercising the trade of a midwife without license of the ordinary contrary to the canons , a prohibition lies , for that is not any spiritual function whereof they have cognizance . and in this case prohibition was granted to the court of audience b . ( . ) the ecclesiastical court may not try the bounds of a parish , and therefore if suit be there on that matter , a prohibition lies i . so if the question there be , whether such a church be a parochial church , or but a chappel of ease , a prohibition also lies k . in the case between elie vicar of alderburne in the country of wilts and cooke , prohibition was granted , and thereupon issue joyned , whether several parishes , and tried by verdict to be one parish . ( . ) where a man sued for a legacy in the ecclesiastical court against an executor , and he there pleaded , that he had not assets save only to pay the debts , and the said court disallow'd of that plea , a prohibition was granted l . ( . ) if a man sues in the ecclesiastical court to have an account for the profits of a benefice , a prohibition lies , for that it belongs to the common law m . but if the suit be for the profits taken during the time of sequestration , no prohibition lies n . ( . ) in worts and clyston's case , where the plaintiff sued for tithes in the ecclesiastical court by virtue of a lease made by the vicar of t. for three years : the defendant prayed to be discharged of tithes by a former lease : the plaintiff in the ecclesiastical court prayed a prohibition to stay his own suit there ; it was granted by the court , because they are not to meddle with the trial of leases , or real contracts there , although they have jurisdiction of the original cause , viz. the tithes o . ( . ) in collier's case , upon the endowment of a vicarage upon an appropriation , it was ordained by the bishop , that the vicar should pay yearly l. to the precentor in the cathedral church of s. to the use of the vicars chorals of the said church : it was held by the court , that this is a pension , for which suit shall be in the ecclesiastical court p . ( . ) in the case between draiton and cotterill against smith for a prohibition , it was said by coke chief justice , that if the parson sues in the ecclesiastical court for tithes , and the other pleads a modus to the vicar , this modus now can never come in question by this suit between the parson and him , for tithes due unto the parson , but this is to be questioned and determined there in the ecclesiastical court to whom the tithes do belong , whether to the parson or to the vicar ? and this hath been divers times adjudged in this court , and in the court of c. b. in bushe's case , for pankeridge-church ; and it hath always been clearly held , that if the right of tithes come into question between the parson and the vicar , to which of them the same doth belong ; this is a suit properly belonging to the ecclesiastical court to hear and determine the same , and in such case they are not there to be ousted of their jurisdiction . and this being now a question between the parson and the vicar , to which of them tithes did belong , for which the modus is alledged to be paid ; therefore no prohibition is to be granted in this case , though there be a modus suggested to be paid unto the vicar , for all tithes here due to the vicar and parson , the parson suing for the tithes there , as due unto himself , and not unto the vicar . and so the question is as touching the right of tithes between the parson and the vicar ; which is a suit proper for the ecclesiastical court. and this is to be observed for a sure rule , in such a case , never to have a prohibition granted ; the reason of this is , because that the modus suggested to be paid , cannot come in question upon this suggestion of this payment unto the vicar , but only the right of tithes , to whom they belong , whether to the parson or to the vicar ; and divers judgments have been accordingly given in the like case : and so by the rule of the whole court a prohibition was denied . ( . ) whether , and how far , and in what manner the ecclesiastical court may exercise its jurisdiction in cognizance of a modus decimandi is at large argued and debated at the bench in harding's case against goseling , where in a prohibition to stay proceedings in the ecclesiastical court , upon a suit there for tithes , where g. libelled against h. for a modus decimandi , being not paid , and there h. alledged another modus decimandi , which allegation the ecclesiastical court refusing to admit , a prohibition was thereupon prayed in b. r. in this case doderidge justice said , that the modus decimandi is as well due to the parson , as tithe is at the common law ; and if the parson do libel in the ecclesiastical court for a modus decimandi ( as he may do ) and another modus is there alledged , and this refused , the ecclesiastical court may try and determine this matter touching this modus , and no cause to grant a prohibition for this refusal : but if the ecclesiastical court doth deny to admit the allegation for the modus upon this ground only , because the practice of the ecclesiastical law and our law do differ in the manner of proof ; as for default of two witnesses , one being allowed at common law , but not at the ecclesiastical law : in this case a prohibition is grantable ; but otherwise the ecclesiastical jurisdiction may as well try the modus decimandi , as the right of tithes . but if a parson doth libel there for tithes in kind , and a modus is alledged and there pleaded , but refused to be admitted or allowed : in that case a prohibition is grantable upon such refusal . haughton justice , in this case a prohibition ought to be granted , otherwise in such cases , upon every small difference alledged in the modus , that court may try and determine the validity of every modus decimandi , which the ecclesiastical court cannot do by the law : for that court is not permitted by our law to try a modus decimandi ; and therefore that court proceeding to try this modus , which is determinable by common law , and not in the ecclesiastical court , a prohibition ought to be granted . but doderidge contra , no prohibition is in this case to be granted , for the ecclesiastical court may well try and determine this modus by that law ; the libel being there originally for the modus : but if touching the proof of this modus , as aforesaid , the difference of proceedings between the two laws , ( one witness being sufficient at the common law , not so at the ecclesiastical ) be the ground of the refusal of the allegation , then a prohibition is to be awarded , so is r. . and h. . but if the ecclesiastical court only proceed to try the modus , for which the libel was there , this by proof may well be there examined . croke justice , at this time delivered no opinion at all in this case . afterwards , this case being moved again , doderidge , if a parson do libel in the ecclesiastical court for a modus , whereas in truth there was no modus , but only a composition of late time between the parson and the parishioners , to pay so much yearly for tithes , and not otherwise : in this case , because that the common law and the ecclesiastical do differ in the point of prescription , ( ten years continuance being a good prescription by that law , but not so by ours ) in this case a prohibition is grantable . houghton , a modus decimandi is properly to be tried and determined by the common law , and not in the ecclesiastical court , for that these two laws differ in many things , as in point of proof of a modus , and in the point of prescription . croke , a special modus being libelled for in the ecclesiastical court , is there to be tried . doderidge , if the ecclesiastical court doth refuse to allow of the proof , allowable at the common law , a prohibition lies to stay proceedings for tithes there : and where there is a modus , if they refuse to pay this , the parson may sue for this modus in the ecclesiastical court , and this is to be tried there ; but if in such case where there is a modus , if the parson will libel to have his tithe in kind , and the other shews there this modus , which they will not allow of , a prohibition lies , and this shall be tried by the common law. the court declares , that they would see the suggestion , and therefore by the rule of the court they were to make their suggestion , and to shew the same to the court , as they would stand unto it ; and in the mean time the suit in the ecclesiastical court to be stayed . ( . ) to conclude this chapter , it may not be impertinent to enquire , when and how the canon law was introduced into this realm of england ; in the case of a commendam that was adjudged in ireland it was observed , that after the bishop of rome had assumed or tooken upon him to be the spiritual prince or monarch of all the world , he attempted also to give laws to all nations , as one real mark or signal of his monarchy ; but they well knowing , quod ubi non est condendi authoritas , ibi non est parendi necessitas , did not impose their laws at first peremptorily on all nations without distinction , but offered them timide & precario . and therefore he caused certain rules in the first place to be collected for the government of the clergy only , which he called decreta , and not leges vel statuta ; these decrees were published in an. . which was during the reign of king stephen . and therefore what the lord coke observes in the preface to the eighth part of his reports , quod rogerus bacon , frater ille perquam eruditus , in libro de impedimentis sapientiae , dicit , rex quidem stephanus , allatis legibus italiae in angliam , publico edicto prohibuit ne in aliquo detinerentur , may probably be conjectured , to be meant and intended of those decrees which were then newly compiled and published : yet these decrees being received and observed by the clergy of the western churches only ( for the eastern church never received any of these rules or canons , kelw. rep. h. . fo . ) the bishop of rome attempted also to draw the laity by degrees into obedience to these ordinances : and to that purpose , in the first place he propounds certain rules or ordinances for abstinence , or days of fasting , to be observed as well by the laity as the clergy , which were upon the first institution thereof called by the mild and gentle name of regationes , as marsilius pat. lib. defensor . pacis , par . . cap. . hath observed ; and thence , it seems , the week of abstinence , a little before the feast of pentecost , was called the rogation-week , that time of abstinence being appointed at the beginning by that ordinance which was called rogatio , and not praeceptum vel statutum . now when the laity out of their devotion had received and obeyed these ordinances of abstinence , then the bishop of rome proceeds further ( de una praesumptione ad aliam transivit romanus pontifex , as marsil . pat. there says ) and made many rescripts and orders per nomen decretalium , which were published in the year . which was in the fourteenth year of king h. . or thereabout . vid. matth. par. hist . mag . . and these were made to bind all the laity , and sovereign princes as well as their subjects , in such things as concerned their civil and temporal estates ; as that no lay-man should have the donation of an ecclesiastical benefice : that no lay-man should marry within certain degrees , out of the degrees limited by the levitical law : that all infants born before marriage , should be adjudged after marriage legitimate , and capable of temporal inheritance : that all clerks should be exempt from the secular power ; and others of the like nature . but these decretals being published , they were not entirely and absolutely received and obeyed in any part of christendom , but only in the pope's temporal territory , which by the canonists is called , patria obedientiae . but on the other hand , many of those canons were utterly rejected and disobeyed in france and england , and other christian realms , which are called patriae consuetudinariae ; as the canon which prohibited the donation of benefices per manum laicam was ever disobeyed in england , france , the kingdom of naples , and divers other countries and common-wealths ; and the canon , to make infants legitimate that were born before marriage , was specially rejected in england , when in the parliament held at merton , omnes comites & barones una voce responderunt , nolumus leges angliae mutari , quae hucusque usitatae sunt , &c. and the canon , which exempts clerks from the secular power , was never fully observed in any part of christendom . kelw. h. . . b. which is one infallible argument , that these ordinances had not their force by any authority that the court of rome had to impose laws on all nations without their consent , but by the approbation of the people which received and used them . for by the same reason whereby they might reject one canon , they might reject all the other . vid. bodin . lib. . de rep. cap. . where he saith , that the kings of france , on the erection of all universities there , have declared in their charters , that they would receive the profession of the civil , and canons , to use them at their discretion , and not to be obliged by these laws . but as to those canons which have been received , accepted , and used in any christian realm or common-wealth , they by such acceptation and usage have obtained the force of laws in such particular realm or state , and are become part of the ecclesiastical laws of that nation ; and so those which have been embraced , allowed , and used in england , are made by such allowance and usage , part of the ecclesiastical laws of england ; by which the interpretation , dispensation , or execution of these canons , being become laws of england , doth appertain sole to the king of england , and his magistrates within his dominions , and he and his magistrates have the sole jurisdiction in such cases , and the bishop of rome hath nothing to do in the interpretation , dispensation , or execution of those laws in england , although they were first devised in the court of rome ; no more than the chief magistrate of athens or lacedemon might claim jurisdiction in the ancient city of rome , for that the laws of the xii . tables were thither carried and imported from those cities of greece ; and no more than the master of new-colledge in oxford , shall have command or jurisdiction in kings-colledge of cambridge , for that the private statutes whereby kings-colledge is governed , were , for the most part , borrowed and taken out of the foundation-book of new-colledge in oxford : and by the same reason the emperour may claim jurisdiction in maritime causes within the dominions of the king of england , for that we have now for a long time received and admitted the imperial law for the determination of such causes . vid. cawdries case , co. par . . and kelw. rep. . a. now when the bishop of rome perceived that many of his canons were received and used by divers nations of christendom , he under colour thereof claimed to have ecclesiastical jurisdiction in every realm and state where these canons were received , and sent his legates with several commissions into divers kingdoms , to hear and determine causes according to these canons : which canons although neither the pope nor his ministers , at the first venting and uttering thereof , dared to call laws , ne committerent crimen laesae majestatis in principes as mar●il . pat. lib. defensor . pacis , par . . cap. . observes ) who also says , that these canons being made by the pope , neque sunt humanae leges , neque divinae , sed documenta quaedam & narrationes ; yet when he perceived that these canons were received , allowed , and used in part by several nations , he compiled them into volumes and called them jus canonicum , and ordained that they should be read and expounded in publick schools and universities , as the imperial law was read and expounded , and commanded that they should be observed and obeyed by all christians on pain of excommunication , and often endeavoured to put them in execution by coercive power , and assumed to himself the power of interpreting , abrogating , and dispensing with those laws in all the realms of christendom at his pleasure , so that the canonists ascribe to him this prerogative , papa in omnibus jure positivis , & in quibusdam ad jus divinum pertinentibus , dispensare potest , quia dicitur omnia jura habere in scrinio pectoris sui , quantum ad interpretationem & dispensationem . lib. . de const . cap. licet . about the time of an. . ed. . simon a monk of walden began to read the canon law in the university of cambridge . vid. stow and walsingham in that year . also the manusc . libr. . decretal . in new-colledge library at oxford hath this inscription in the front , anno domini . which was in the year ed. . . novembr . in ecclesia fratrum praedicator . oxon. fuit facta publicatio lib. . decretal . whereby it appears when it was that the canon law was introduced into england . but the jurisdiction which the pope by colour thereof claimed in england was a meer usurpation , to which the kings of england from time to time made opposition , even to the time of king h. . and therefore the ecclesiastical law which ordained , that when a man is created a bishop all his inferiour benefices shall be void , is often said in the bishop of st. david's case , in h. . to be the ancient law of england . and ed. . . a. in the case of the prebend of oxgate , it is said , that though the constitution which ousts pluralities began in the court of rome , yet a church was adjudged void in the kings bench for that cause or reason ; whereby it appears , that after the said constitution was received and allowed in england , it became the law of england : yet all the ecclesiastical laws of england were not derived from the court of rome ; for long before the canon law was authorized and published in england ( which was before the norman conquest ) the ancient kings of england , viz. edga● . aethelstan , alfred , edward the confessor , and others , have with the advice of their clergy within the realm , made divers ordinances for the government of the church of england ; and after the conquest , divers provincial synods have been held , and many constitutions have been made in both realms of england and ireland ; all which are part of our ecclesiastical laws at this day . vid. le charter de william le conqueror . dat. an. dom. . irrot . r. . among the charters in archiv . turris lond. pro decano & capitulo lincoln . willielmus , dei gratia , rex anglorum , &c. sciatis , &c. quod episcopales leges quae non bene , nec secundum sanctorum canonum praecepta , usque ad mea tempora in regno angliae fuerunt , communi concilio episcoporum meorum , & caeterorum episcoporum , & omnium principum regni mei , emendandas judicavi , &c. see also girald . cambrens . lib. . cap. . in the time of king h. . a synod of the clergy of ireland was held at the castle , wherein it was ordained , quod omnia divina , juxta quod anglicana observat ecclesia , in omnibus partibus hyberniae amodo tractentur . dignum enim & justissimum est , ut sicut dominum & regem ex anglia divinitus sortita est hybernia , sic etiam exinde vivendi formam accipiant meliorem . but the distinction of ecclesiastical or spiritual causes from civil and temporal causes , in point of jurisdiction , was not known or heard of in the christian world for the space of years after christ ; for the causes of testaments , of matrimony , of bastardy , and adultery , and the rest , which are called ecclesiastical or spiritual causes , were meerly civil , and determined by the rules of the civil law , and subject only to the jurisdiction of the civil magistrate ; but after the emperours had received the christian faith , out of a zeal they had to honour the learned and godly bishops of that time , they singled out certain special causes , wherein they granted jurisdiction unto the bishops , viz. in causes of tithes , because they were paid to men of the church ; in causes of matrimony , because marriages were for the most part solemnized in the church ; in causes testamentary , because testaments were many times made in extremis , when church-men were present , giving spiritual comfort to the testator , and therefore were thought the fittest persons to take the probats of such testaments . howbeit these bishops did not then proceed in these causes according to the canons and decrees of the church ( for the canon law was not then known ) but according to the rules of the imperial law , as the civil magistrate did proceed in other causes ; so that the primitive jurisdiction in all these causes was in the supream civil magistate , and though it be now derived from him , yet it still remaineth in him as in the fountain . chap. xii . of churches , chappels , and church-yards . . ecclesia ; what that word imports ; the several kinds thereof . . possessions of the church protected by the statute-laws from alienation ; the care of the emperour justinian in that point . . to whom the soyl and freehold of the church and church-yard belong , to whom the use of the body of the church , to whom the disposal of the pewes or seats , and charges of repairs . . the common law touching the reparation of churches , and the disposal of the seats therein . . the same law touching isles , pictures , coats of arms , and burials in churches ; also of assaults in churches and church-yard . . the penalty of quarreling , chiding , brawling , striking , or drawing a weapon in the church or church-yard . . where prescription to a seat in a church is alledged , the common law claims the cognizance thereof . . the immunities anciently of church-sanctuary ; as also of abjuration now abrogated and taken away by statute . . the defacing of tombs , sepulchres , or monuments in churches , punishable at the common law ; also of right to pewes and seats in the church . . the cognizance of church-reparations belongs to the ecclesiastical court. . a prohibition upon a surmize of a custome or usage for contribution to repair a church . . church-wardens are a corporation for the benefit , not for the prejudice of the church . . inheritance cannot be charged with a tax for repairs of the church , nor may a perpetual charge be imposed upon land for the same . . when the use of church-books for christnings first began . . chappel ; the several kinds thereof ; the canonists conceits touching the derivation of that word . . where two parochial churches are united , the charge of reparations shall be several as before . . the emperour justinian's law provisional , touching the building of new chappels . . whether a seat in the church , and priority in that seat claimed by prescription , be triable at the common law by action upon the case . . a case in law touching a tax made in a parish for the making of new bells for the church . . whether a tax for repairs of the church may be made by the church wardens alone , without the major part of the inhabitants . . church-seats in the generality are in the ordinaries power to dispose . . divers other cases at the common law , pertinent to the subject of the premisses . . in what respects an inhabitant in one parish , having land in another , may or may not be taxed , as to the church of that parish where the land lies . . the difference in law between a parsons grant to a man his own tithes , and his grant to him the tithes of another man , as to the validity of the grant. . disposal of seats in the body of a church belongs of common right to the ordinary of the diocess . . in what respect a man inhabiting in one parish , shall be charged towards the reparation of the church of another , where he hath land , and in what respects not so . . rates for reparation of churches are cognizable only in the ecclesiastical court ; and no prohibition , notwithstanding any inequality in the rate . . repairers of a chappel of ease , not discharged thereby of reparations of the mother-church . . land in a parish not to be rated for the ornaments of a church ; that rate to be according to the personal estate . . in what case a prohibition lies to a suit for reparations of a church ; not so , as to a rate made by the major part of the parishioners for the ornaments of the church . . the bounds of a parish not triable in the ecclesiastical court , though the difference be between two spiritual persons . . prohibition , where a vicar sued the parson impropriate for dammages , for cutting down the trees growing in the church-yard . . prescription of repairing a chappel of e●se , no discharge from repairing the mother-church . . the charge of repairing a church , refers to land ; of providing ornaments of the church , to the personal estate ; and how to be apportioned between landlord and tenant . . action of trespas lies for the heir of such , whose coat-armor or monument in church or church-yard , is by any defaced or demolished , be it by the parson , the ordinary , or by any other . . a case in law touching a disturbance of sitting in certain seats in a chancel of a church . . certain cases in law touching striking in a church and church-yard , and drawing a weapon in the same . . the difference taken between having a seat in the isle of a church , and a seat in the body of the curch . . a prohibition denied on a prescription of not repairing a mother-church , in regard such prescription is meerly spiritual . . the ecclesiastical court not to intermeddle with the precincts of parish-churches . . towards church-reparations , all lands within the parish , as well of foreigners as parishioners , are ratably liable . . controversies touching seats in churches , determinable in the spiritual , not temporal courts ; in what cases the common law hath took cognizance thereof . ( . ) church [ ecclesia ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from the old word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , h. e. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , h. e. evocare , being an assembly of men gathered out of all mankind , or evocatus per evangelium ; or from the hebrew [ cahal ] h. e. congregatio ; the true visible church being a congregation of faithful men , in which the pure word of god is preached , and the sacraments duly ministred according to christ's institution , in all things necessary to the same . this in a theological sense ; but the word [ church ] in a legal sense , as here chiefly intended , differs from the former as far as dead walls do from living saints ; there being no more here designed to be touch'd at , than what refers rather to the place , than to the persons . churches are of three sorts , cathedral , collegiate , parochial . the bishop is the incumbent of the first : priors and abbots were , and heads of colledges are , incumbents of the second : and parsons of the third ; commonly called a rectory , being either a parsonage or a vicarage . and that either ( ) ratione dotationis . ( ) fundationis . ( ) fundi . ( . ) the emperour justinian decreed , that the lands of the church should not be sold , alienated , or exchanged , unless it were to the prince's house , or to or with another like religious place , and that in equal goodness and quantity , or that it were for the redemption of captives a . but by the statute of primo jac. the possessions of the church are protected from alienation or diminution in all respects , and so as that they shall remain and continue , according to the true intent of their foundation , to their successors for ever , to the uses and purposes therein limited b . ( . ) by the common law , the church and church-yard are it seems the soyl and freehold of the parson ; but the use of the body of the church , and the repairs and maintenance thereof is common to all the parishioners ; albeit the disposal of the pewes in the body of the church , or an isle or chappel joyning to the body , and the disposing of the charges of the repairs thereof , belong to the ordinary ; insomuch that no man can challenge a seat in the body of the church without shewing some special reason for the same . all which appears in the case of boothby against baily , where boothby being executor of gilbert , brought a prohibition against baily , and his surmize was , that whereas sir bernard whetston was seized of the mannor of woodford-hall , and that he and those whose estate he hath in the same , had used time out of mind , to have a peculiar pew in the body of the church , and that the defendant by suit in the ecclesiastical court , sought to dispossess them of the same . and by the opinion of the whole court , this was no sufficient ground of a prohibition ; for though the church and church-yard be in law the soyl and freehold of the parson , yet the use of the body of the church , and the repair and maintenance thereof is common to all the parishioners . and for avoiding of confusion , the distribution and disposing of seats and charges of repair belong to the ordinary , and therefore no man can challenge a peculiar seat without a special reason . but if it had been prescribed , that sir bernard whetstone , &c. had used time out of mind at their own costs to maintain that pew , and had therefore had the sole use thereof , the prescription might have stood and been warrant for a prohibition , though the pew were in the body of the church . and so it is in the like case of an isle or chappel adjoyning to the body of the church upon the same difference , whether it hath been maintained by the whole parish , or by some particular persons , like unto the reasons of a chappel of ease c . ( . ) touching the reparation of churches , it hath been ruled , that he who hath land in a parish , though he doth not inhabite there , shall yet be chargeable to the reparation of the parish-church , but not to the buying of the ornaments of that church , for that-shall be levied of the goods of the parishioners , and not of their lands , by sir hen. yelverton , and said to be so formerly adjudged d . and it hath been holden , that if two churches parochial be united , the reparation shall be several as before e . and although the lord of a mannor may prescribe to a certain seat or pew in the church , by having time out of mind maintained and repair'd the same at the proper costs of himself and ancestors , yet as to the common seats of the church it is otherwise in respect of the common parishioners : as in the case of harris against wiseman , against whom harris had procured a prohibition , wiseman having libelled in the ecclesiastical court against him for a seat in the church , which did belong to his house ; and it was said by hobart and winch only present , that a man , or a lord of a mannor , who had an isle or a seat in the church , &c. and he is sued for that in the spiritual court , he shall have a prohibition ; but not every common parishioner for every common seat : yet in that case a supersedeas was granted to stay the prohibition f it hath also been held , that the grant of a seat in a church to one and his heirs is not good ; for the case of brabin and tradum was , that the church-wardens of d. had used time out of mind to dispose and order all the seats of the chuch , whereupon they disposed of a seat to one , and the ordinary granted the same seat to another and his heirs , and excommunicated all others , who afterwards should sit in the seat , and a prohibition was prayed and granted , for this grant of a seat to one and his heirs is not good , for the seat doth not belong to the person , but to the house , for otherwise when the person goes out of town to dwell in another place ; yet he shall retain the seat , which is no reason , and also it is no reason to excommunicate all others that should sit there , for such great punishments should not be imposed upon such small offenders , an excommunication being traditio diab●la g . ( . ) in the case of day against beddington and others , upon a cross-bill between the parties , for pulling down of painted glass , pictures and arms , in a window in an isle of a chappel in the parish of wellington in somerset , these points in the case were resolved : ( . ) if an inhabitant there , and his ancestors time out of mind , &c. have used to repair an isle in a church , and to sit there with his family , &c. and to bury there , that makes that isle proper and peculiar for his family ; otherwise if he had not used to repair it at his own costs , but with the charge of the parish ; then the ordinary may appoint who shall sit there from time to time , notwithstanding a use to sit there , only , to the contrary . ( . ) if any superstitious pictures are in a window of a church , or isle , &c. it is not lawful for any to break them , &c. without license of the ordinary ; and if any does to the contrary , he shall bind him to his good behaviour . and so it was in prickett's case . ( . ) that the ordinary or church-warden cannot license a parishioner to bury within the church : but it ought to be licensed by the parson ; for the franktenement is in him only . ( . ) if coats of arms are put in a window , or upon a monument in the church or church-yard , they may not be broken by the ordinary , parson , or church-wardens , or any other ; for the heir shall have his action upon the case for that , ed. . . for they belong to him , ed. . . b. c. ( . ) if one be assaulted in the church , or within a church-yard , he may not beat the other , or draw a weapon ( although it be in his own defence ) there ; for it is a sanctified place , and he may be punished for that by ed. . and so if in any of the king's courts , or within view of the courts of justice ; because a force in that case is not justifiable , though in his own defence h . ( . ) for the penalty of striking or drawing a weapon in the church or church-yard . vid. stat. ed. . cap. . whereby it is enacted , that if any person shall by words only quarrel , chide , or brawl in any church or church-yard , it shall be lawful for the ordinary of the place , upon proof by two witnesses , to suspend the lay-offender ab ingressu ecclesiae , and the clerk-offender from the ministration of his office , for such time as to the said ordinary shall seem meet : and if any one shall smite or lay violent hands upon another in any church or church-yard , in that case ipso facto , the offender shall be deemed excommunicate . but and if any person shall maliciously strike another with any weapon in any church or church yard ; or to the intent of striking another with the same , shall but draw a weapon in any church of church-yard ; the offender being thereof duly convicted , shall lose one of his ears if he hath any , or in one of his cheeks with a hot-iron be burnt and mark'd with the letter f , in case he hath no ears , and besides shall stand ipso facto excommunicated i . upon this statute there was an indictment against jasper colmley and john colmley of hoxton in the county of middlesex , for that they insultum fecerunt upon john higham dr. of physick , in ecclesia de shoreditch praedicta ; et praedict . joh. higham adtunc , &c. ibidem in ecclesia praedict . de shoreditch , verbaraverunt , vulneraverunt , & male tractaverunt contra formam statuti , &c. upon this the grand jury find billa vera quoad jasper colmley , and ignoramus for john colmley ; and hereupon he appeared and pleaded not guilty , and found against him . rolls now moved in an arrest of judgment , that the indictment was not good , being fecerunt , whereas it is found only billa vera against one . sed non allocatur , because it was exhibited against two , and it is but false latin. secondly , because the indictment is contra formam statuti , and this offence is not punishable by the statute , unless that he smote with a weapon , or drew a weapon in the church or church-yard , or drew a weapon to that intent , which is not mentioned in the indictment : and by the second clause in the statute , for smiting or laying violent hands , it is excommunication ipso facto : and it is not mentioned here how he struck , and thereof the justices doubted . but jones said , that the indictment is good for battery at the common law. but all the other justices were against him therein ; for the indictment concluding contra formam statuti , it cannot be good as for an offence at the common law. but afterwards another exception was taken by grimstone , because the offence was alledged to be done in the church of shoreditch aforesaid , and shoreditch was not named before : and upon view of the indictment , it appearing to be so , all the court held , that the indictment was void : and for this cause the defendant was discharged k . in the ecclesiastical laws of ina king of the west - saxons , cap. . qui in templo pugnaverit , solidis noxiam sarcito . ibid. aliud . exemp . cap. . si quis in ecclesia pugnet , centum viginti sol. emendet , &c. [ & alias . emendet pro vita . ] also among the ecclesiastical laws of hoel dha king of wales , l. . de pugna quae in coemiterio agitur , librae sunt reddendae . likewise in l. . ll. eccles . edovardi sen. r. angliae , & guthurni r. danorum in east-anglia . hoc primo decreverunt , ut ecclesiae pax intra suos parietes inviolate servetur . and in cap. & . ll. eccl. canuti regis , valde rectum est , ut ecclesiae pax intra parietes suos semper inconvulsa permaneat ; quicunque eam perfregerit , de vita & omnibus in misericordia regis sit . et si quis pacem ecclesiae dei violabit , ut intra parietes ejus homicidium , hoc inemendabile sit , &c. nisi rex ei vitam concedat . ( . ) where prescription is alledg'd for right to a seat in a church , or for priority in that seat , the common law hath took cognizance thereof , as in the case of carleton against hutton , where c. claimed the upper place in a seat in the church , and h. disturb'd him in a violent manner ; and the bishop of the diocess sent an inhibition to c. until the matter were determined before him . and by the court a prohibition was awarded ; because it does not belong ( as reported ) to the spiritual court : and as well the priority in the seat as the seat it self may be claimed by prescription : and an action upon the case lies for it at common law , ve. litt. , . l . the ordinary hath in him the right of distribution of the seats in a church , yet so as that prescription shall take place , whether it refers to the right of any particular parishioner , or to the power of the church-wardens . the case was , g. brought an action of trespass for the breaking of his seat in the church , and cutting of the timber in small pieces , and carrying them away , &c. the defendant pleads in bar , that they were the church-wardens : and that the plaintiff had erected that seat without the license of the ordinary , and it was an hindrance to the parishioners , &c. and that , they as church-wardens , the said seat , &c. the which is the same trespass . the plaintiff demurrs , and judgment for him : for admitting that the church-wardens may remove seats in the church at their pleasure , yet they cannot cut the timber of the pew . and thereupon they confessed the trespass . ve. e. . . e. . . e. . . e. . . h. . . h. . . h. . . m . where there is a parson impropriate , he hath the best right to the chief seat in the chancel , as was resolved in sir hall's case again ellis , where e. farmor of a rectory impropriate libels in the ecclesiastical court pro sedile in dextra parte cancellae , and in his additional libel he libels pro loco primo , and principally in dextra parte cancellae . the defendant there surmizes to have a prohibition , quod est antiqua parochia & antiqua cancella : and that he is seized of an ancient messuage in that parish , and that he and all those , &c. have used to sit in dextra parte cancellae praedict . to hear , &c. and it was resolved by the court , that of common right , the parson impropriate , and per consequens his farmor , ought to have the chief seat in the chancel ; because he ought to repair it : but by prescription another parishioner may have it . but in this case a consultation was awarded , with a quoad , &c. because the libel and the additional that now is all one , is pro primo loco , &c. and the surmize is only pro sedile in dextra parte , and not pro loco primo in it n . ( . ) the church in construction of law , is domus mansionalis omnipotentis dei , and therefore it is burglary for a man to break and enter a church in the night , of intent to steal , &c. o . and so sacred is the church and church-yard reputed in law , that ecclesiastical persons , whilst they are doing any divine service in either of them , or in any other place dedicated to god , may not be arrested p . yea anciently the church and church-yard was a sanctuary , and the foundation of abjuration ; for whoever was not capable of this sanctuary , could not have the benefit of abjuration ; and therefore he that committed sacriledge could not abjure , because he could not take the priviledge of sanctuary q . this abjuration was , when one having committed felony , fled for safeguard of his life to the sanctuary of a church or church-yard , and there before the coroner of that place within days confessed the felony , and took an oath for his perpetual banishment out of the realm into a foreign ( not infidel ) countrey , chusing rather perdere patriam quam vitam r . but this abjuration founded upon the priviledge of sanctuary is wholly abrogated and taken away by an act made jac. reg. whereby it is enacted , that no sanctuary or priviledge of sanctuary should be admitted or allowed in any case s . and here note , that this kind of abjuration hath no relation to that of recusants by force of the stat. of eliz . cap. . because such abjuration hath no dependency upon any sanctuary t . but as to the other abjuration in relation to felonies , sacriledge excepted , ( no abjuration or sanctuary being allowed in cases of treason or petit treason ) the law was so favourable for the preservation of sanctuary in the church or church-yard , that if a prisoner for felony had before his attainder or conviction escaped and taken sanctuary , and being pursued by his keepers or others were brought back again to the prison , he might upon his arraignment have pleaded the same , and should have been restored again to the sanctuary of the church or church-yard u . ( . ) the defacing of tombs , sepulchres , or monuments erected in any church , chancel , common chappel , or church-yard , is ( it seems ) punishable by the common law ; and for which the erectors or builders thereof during their lives , and after their decease their heirs , shall have the action w . but the erecting thereof ought not to be to the hinderance of divine service . and albeit the freehold of the church is in the parson , yet if the lord of a mannor , or any other that hath an house within the town or parish , and he and all those whose estate he hath in the mansion-house of the mannor , or other house , hath had a seat in an isle of the church for him and his family only , and have repaired it at his own proper charges , it shall be intended that some of his ancestors , or of the parties whose estate he hath , did build and erect that isle for him and his family only ; and therefore if the ordinary endeavour to remove him , or place any other there , a prohibition ( as was resolved in corven's case ) will lie x . it hath also been further resolved , that if any man hath a house in a town or parish , and that he and those whose estate he hath in the house , hath had time out of mind a certain pew or seat in the church , maintained by him and them , the ordinary may not remove him ( for prescription , according to sir ed. coke , maketh certainty , the mother of quietness ) otherwise a prohibition will also lie in the case y . but where there is no prescription , there the ordinary for avoiding of contention in the church , may place the parishioners in the church or publick chappel according to their qualities and degrees z . and until the bishop hath consecrated or dedicated churches or publick chappels new erected , the law doth not take knowledge of them qua tales ; for which reason it is , that a church or not a church ; a chappel or not a chappel ; is tried and certified by the bishop a . ( . ) touching the reparation of churches , the cognizance thereof appertains to the ecclesiastical court , as was agreed by the court in buck's case against amcotts , where in a prohibition the defendant said , that in hornechurch in essex are chappels of ease , viz. rumford and haveringe chappels , and that they of haveringe have used time out of mind , &c. to contribute to the reparation of rumford : and that in the time of h. . virtute literar . patent . & concurrentibus iis , &c. and rumford was pulled down , and erected in a more convenient place within this precinct and circuit , viz. twenty eight foot longer and fourteen foot broader . noy , that it does not lie . ( ) virtute literàr . patent . in general is not good . but the patent ought to have been shewn in haec verba , or produc'd in court ; by which the court might judge : for a new church cannot be erected without letters patents , because it is a sanctuary , ve. e. . . h. . . & e. . the lord lisle's case . ( . ) the prescription is gone , by the erecting in another place , and longer , &c. as aforesaid , ve . . rep. p. . and that shall be taken strict , perkins . e. . . e. . . but the court was on the contrary , because it is pro bono publico , and in such a case a pleader , by concurrentibus iis , is good . as in an union , h. . . and that the cognizance for reparation of the church ; appertains to the spiritual court ; and is not like the case of a tenure , rep. . because the tenant by that is put to a greater charge , and no profit or benefit accrues to the tenant , as it does to the parishioner . and easter term ensuing , a consultation was granted by the court b . he that hath the impropriation of a rectory or parsonage , ought to repair the chancel , and so he ought to contribute to the reparation of the church , if he hath any land in that village . mich. jac. b. r. serjeant davies case . roll. rep. par . . ( . ) the church-wardens of denford , an ancient church in the county of northampton , sue the inhabitants of kingstead in the same parish , where there was a chappel of ease , for contribution to repair the church of denford . and they pray a prohibition upon suggestion , that time out of mind , &c. they have used to repair their own chappel , and only a part of the wall of the church-yard of the said church of denford . and it seemed by the better opinion of the court , that it was not good . for their ease shall not be a disease to the rest of the parishioners . for popham said , that the assent is not requisite to build a chappel of ease , and then the ordinary and the parson cannot charge the parishioners with greater charge . by yelverton , that the parson ought to repair the wall of the church-yard . but by fenner , the parishioners in the spiritual court shall be compelled to do it , although that the frank-tenement be in the parson . yelvert . objected , and by kemp secondary , that the parishoners of repair the wall of the church-yard . yet now it was ordered , that a prohibition shall be granted , and the d●fendants if they please may demurr upon it . note also b. jac. b. r. a derbyshire-case , where a prohibition in such case was denied c . ( . ) two church-wardens sue s. for reparation of the church according to the tax assest . s. pleads he alwaies offered to pay . by which the sentence in the ecclesiastical court passed against them . then they appeal , and sentence is repealed , and l. costs given to them , and they sue for that l. in the ecclesiastical court. s. pleads a release of one of the church-wardens . and in a prohibition it seem'd to the three justices , that that release is a bar against the other , and that if it be disollowed in the spiritual court ; by the court it was said a prohibition shall lie . jac. b. r. rot . . a consultation in such case was granted , for the church-wardens in such a case are a corporation for the benefit , but not for the prejudice of the parish . h. . . h. . . and they shall recover the costs to the use of the church , and the release shall be well enough determined there , where the suit was commenced d . ( . ) in heal's case against the church-wardens of hobleton , it was agreed by the court , that for a tax assest for the reparation of a church a rate made perpetuis duratura temporibus , it is not good to bind the inheritance ; but yet it is good by way of direction , how and how much shall be levied as need requires e . and in chamber 's case a prohibition was awarded to the court of the bishop of oxford ; for that , that chambers was sued there for a perpetual charge imposed upon his land , for the reparation of the church . for by the court , an inherritance cannot be charged with that f . in another case one that was sued in the ecclesiastical court for rates to reparation of the church , alledged that they had overvalued his land , rating them at the value of l. per. annum , they being worth but l. ( ) he alledged a custome in the parish , that they ought to be rated not according to the value of their farms and houses , but only according to the value of their sheep-walks , and on that matter he pray'd a prohibition . as to the first , all the court ( except whitlock ) resolved , that it is not material , because the rates ought to follow the value of the land , and for that the valuing of the land properly belongs to them . as to the second , noy moved , that although the principal be a thing spiritual , yet it is now mixt with a custome , as in the case de modo decimandi the ecclesiastical court is ousted of his jurisdiction . houghton justice , it seems so as to other things ; but the church being the house of god , is more to be regarded , and a custome in prejudice to the reparations of the church , is void ; for of common right the house and all lands are chargeable to the reparations . and the court commanded him to make a suggestion of the custome , omitting the value , and then they would consider , whether a prohibition should go or no. in stephenson's case it was resolved , that if one hath lands in one town , and doth inhabit in another ; he shall be compelled to be contributary to the reparation of the parish church where the lands are . ( . ) note , by coke chief justice , that the keeping of a church-book for the age of those which should be born and christned in the parish , began in the thirtieth year of henry the eighth , by the instigation of the lord cromwell g . ( . ) chappel , capella , of the french [ chapelleé , that is , aedicula ] . of this there seems to be three sorts ; the one such as adjoyns to the church , as parcel of the same , built by persons of honour , ut ibidem familiaria sepulchra sibi constituant ; another , that which is separate from the mother-church in a parish of a large extent , built for the better ease and convenience of such parishioners whose habitations are remote and far distant from the parish-church , and thence vulgarly called a chappel of ease , being served by some inferiour curate at the charge either of the rector , or of such as for whose convenience it is , according to the custome or composition . a chappel of ease is where there is a parochial church in the same parish , wherein the sacraments are administer'd , and not in the chappel . h. . . which appertains to the parochial church , and the parson thereof . ibid. and a parochial church cannot be a chappel . h. . . the third is that which is called a free-chappel , which in point of maintenance and endowment , as also in respect of exemption from the ordinaries jurisdiction , seems to differ from both the former , and hath perpetual maintenance towards the upholding thereof , by a charitable endowment thereof , without the charge of the rector or parish h . so that a free-chappel or libera capella is , according to the opinion of some , no other than a chappel founded within some parochial precincts for divine service , by the bounty of some well disposed person ( over and above the mother-church ) to which it was at the parishioners choice or liberty ( for whose convenience it was erected ) to repair or not , and endowed with maintenance by the founder , and therefore called free. notwithstanding which others are of opinion , and that more probable , that these only are free chappels , which are of the foundation of kings , and by them exempted from the jurisdiction of the ordinary ; but the king may also license a subject to found such a chappel , and by his charter exempt it from the visitation of the ordinary ; in respect of which exemption , and from the jurisdiction of the diocesan , it appears by the register of writs to be called free i . h. e. . b. r. rot. . episcopus exon attachiat . ad respondendum domino regi quare exerceret jurisdictionem in capella regia sanctae burianae in cornub , & c.. k the king himself visits his free chappels and hospitals , and not the ordinary l . the lord chancellor executes it for the king. these chappels were all of them , together with chantries given to the king m : of this kind is the free chappel of st. martin le grand n . the canonists are not agreed touching the derivation of this word ; some take it ( à capiendo laicos , ) others ( à capra , ) because they conceive that they resemble those cottages which were wont to be covered over with goat-skins . others ( à cappa divi martini ) . others ( è chapellee , gallic . ) o . ( . ) in the parish of aston ( in the county of warwick ) which hath a parish church , is a certain chappel of ease , called castle-birmidge chappel , and a certain precinct called castle-birmidge , the inhabitants thereof resort to the said chappel , and there marry , christen , and receive the sacraments ; there are also church-wardens , and the inhabitants have a perambulation there of it self ; notwithstanding all which , when it came in debate , whether the parishioners of the chappel ( the parish-church of aston being in decay ) might be taxed towards the reparation thereof , they obtained a prohibition on a surmize , which not appearing to be true , a consultation was awarded ; yet in that case it was held , that if two churches parochial be united , the reparation shall be several as before . and that a chappel of ease is part of the parish , & de communi jure liable to reparations of the parish church ; that such as have a chappel of ease may resort to the parish church , if they so please ; and that the parson of the parish-church may officiate at the chappel of ease , if he will p . ( . ) the emperour justinian in the fifth collation of his novel constitutions , commonly called the authenticks , emitted by him after the digest and the code , hath ordained , that no man build a chappel in his house without the leave of the bishop , and before he consecrate the place by prayer , and set up the cross there , and make procession in the place ; and that before he build it , he allot out lands necessary for the maintenance of the same , and those that shall attend on god's service in the place . in which collation there is also that which seems to bear some conformity with the acts of uniformity , established in this realm against seditious conventicles ; for in that collation it is likewise ordained by the said emperour , that the sacred mysteries or ministeries be not done in private houses , but be celebrated in publick places , lest thereby things be done contrary to the catholick and apostolick faith , unless they call to the celebrating of the same such clerks of whose faith and conformity there is no doubt made , or those who are thereunto deputed by the bishop . but chappels and places to pray in every man may have in his own house ; if any thing be done to the contrary , the house wherein these things are done , shall be confiscate , and themselves punished at the discretion of the prince q . ( . ) a. the father had all his life the chief place in a certain seat in the church , and h. his son likewise claimed the same , and c. disturb'd him in a violent manner ; the archbishop of york , in whose jurisdiction this was , granted an inhibition against c , till the matter were determined before him , and excommunicated him for disobedience . c. claimed the place by prescription , and for that reason prayed a prohibition : and it was said , that the excommunication was only for his contempt : and it is lawful for the bishop to grant such an inhibition for the peace of the church . and doderidge agreed , that if the bishop did inhibit any from making a disturbance in the church , it was good ; and therefore would not grant a prohibition for well-doing . crew & jones , &c. but here he had not done well . doderidge è contra . then it was said , that here the bishop had inhibited till the matter were determined before himself . and the whole court agreed , that a seat in a church claimed by prescription , and the priority therein likewise claimed by prescription , is triable in this court by an action upon the case , and not in the spiritual court. and at last it was agreed by the parties , that h. should remain in possession till the matter were tried by prohibition . and a prohibition was awarded in the case r . note , that a prohibition may not be granted after a consultation s . and as it seems , by the course of proceedings in the court of the king's bench , a prohibition shall not be granted the last day of a term , and such a motion ought not then to be made ; but upon a motion there may be a rule to stay proceedings till the next term t . ( . ) it was moved in the king's bench for a prohibition to the ecclesiastical court at worcester , and shewed for cause ( ) that the suit there was for money , which by the assent of the greater part of the parishioners of d. was assessed upon the plaintiff for the reparation , viz. for the re-casting of their bells ; the truth is , that the charge was for the making of new bells , where there were four before , whereby it appears that it is meerly matter of curiosity , and not of necessity , for which the parishioners shall not be liable to such taxations , and herein it was relied upon e. . . by finchden . ( ) the party there is overcharged , of which the common law shall judge . ( ) the party hath alledged , that he and all those who have an estate in such a tenement , have used to pay but eleven shillings for any reparation of the church . but the prohibition was denied ; and by doderidge in the book of e. . there was a by-law in the case to distrain , which is a thing meerly temporal , for which the prohibition was granted & per curiam ; in this case the assessment by the major part of the parishioners binds the party , albeit he assented not to it : and the court seemed to be of opinion , that the custome was not reasonable , because it laid a burden upon the rest of the parish . littleton of counsel of the other side , suppose the church falls , shall he pay but eleven shillings ? whitlock , if the church falls , the parishioners are not bound to build it up again , which was not denied by justice jones u . ( . ) roberts and others of east-greenwich were cited in the ecclesiastical court to pay money that the church-wardens had expended in reparation of the church ; and the inhabitants alledged , that the tax was made by the church-wardens themselves , without calling the freeholders , and also that the moneys were expending in the re-edifying seats of the churches , which belonged to their several houses : and they never assented , that they should be pulled down . and now the allegation was not allowed in the ecclesiastical court , but sentence was given against them . and then they appealed to the arches , where this allegation was also rejected ; and for that he prayed a prohibition : and the court agreed , that the tax cannot be made by the church-wardens , but by the greater number of the inhabitants it may , and a prohibition was granted . but by yelverton , if they be cited by ex officio , a prohibition will not lie ; for so it was ex insinuatione , &c. for the wardens came and pray'd a citation , &c. but by richardson , harvey , and crook privately , a prohibition will lie in both cases x . ( . ) e. libels in the ecclesiastical court against a. pretending , that a seat , that the other claimed alwaies in the church , belonged to his house , and sentence in that court was given against e. and costs pro falso clamore . and he appealed to the arches , and there when they were ready to affirm the sentence , he prayed a prohibition . and it was moved by davenport , that it might be granted ; and he cited one tresham's case eliz. where in such a case a prohibition was granted after an appeal . richardson , there is no cause for any prohibition , but in respect of the costs . hutton said it was a double vexation , and the party shall not have costs for that . hitcham said , they came too late to have a prohibition for the costs . richardson , that is not like to the probat of a will , where a thing may fall out triable at the common law. but there the principal was tried at the common law ; for they had it as in right . hutton , seats in the generality are in the power of the ordinary to dispose ; it is the prescription which makes that triable at the common law ; and if prescription be made there , and it be found , then he shall pay costs . richardson , all disturbances appertain also to them : if it be not upon the statute of ed. . but if a title be made there by prescription , it is meerly coram non judice ; and if they cannot meddle with the principal , it is not reason that they should tax costs . and a prohibition was granted y . ( . ) h. farmer of a mannor ; a. and other church-wardens libel against him in the ecclesiastical court for a tax for the reparation of the church . henden moved for a prohibition because that first the libel was upon a custome , that the lands should be charged for reparations , which customes ought to be tried at the common law. and secondly , because the custome of that place is , that houses and arable lands should only be taxed for the reparations of the church , and meadow and pasture should be charged with other taxes . but the whole court on the contrary : first , although that a libel is by a custome , yet the other lands shall be dischargeable by the common law ; but the usage is to alledge a custome ; and also that houses are chargeable to the reparations of the church , as well as land. and thirdly , that a custome to discharge some lands is not good . wherefore a prohibition was granted z . note , that where a man sued in the ecclesiastical court , prescribing to have a seat in a church ratione messuagii where he inhabited ; upon the motion of serjeant henden , a prohibition was granted , for it is a temporal thing a . note , by coke chief justice , that the keeping of a church-book for the age of those , which should be born and christned in the parish , began in the th . year of henry the eighth : by the instigation of the lord cromwel b . a man was indicted upon the statute of ed. . that in the church-yard , such a day , extraxit gladium against j. l. & ipsum percussit ; and because the statute was , if any person maliciously strik another , or shall draw any weapon with an intent to strike any person : and the indictment was quod extraxit , but does not say ad percutiendum : and because it is quod percussit without saying malitiose , the party was discharged upon judgment c . if there be a parson appropriate of a church , and also a vicar endowed of the same church , the trees in the church-yard do there belong to the vicar , and not to the parson ; for that there the vicar ought to repair the church , and he shall have the trees which ought to repair the church . bellamie's case d . the lord coke said , that for the body of the church , the ordinary is to place and displace ; in the chancel the freehold is in the parson , and it is parcel of his glebe ; trespass will lie by the heir for pulling down the coat-armor , &c. of his ancestors , set up in the church . a pew cannot belong to a house . ( . ) an inhabitant of the parish of d. hath land in his occupation in the parish of s. the church-wardens of s. and other the parishioners there make a tax for the reparation of the church , for ornaments of the church , and for the sexton's wages , amounting to the sum of l. and the tax of the church being deducted , cometh but to l. only . the foreigner which dwells in d. is sued in the ecclesiastical court by the churchwardens of s. for his part of the said tax ; and he prays a prohibition . henden said , he well agreed the case of jefferies , coke , that he should be charged , if this tax had been for the reparation of the church only ; for this is in nature real . but when that is joyned with other things , which are in nature personal , as ornaments of the church , or sexton's wages , with which , as it seems , he is not chargeable , then prohibition lies for all . flemming chief justice , and williams justice , thought fit that he should not have a prohibition : for as well the reparations of the church , as the ornaments thereof , are meerly spiritual , with which this court hath nothing to do ; and flemming said , that such tax is not any charge issuing out of the land , as a rent , but every person is taxed according to the value of the land : but yelverton and fenner to the contrary , that a prohibition doth lie , for the same diversity which had been conceived at the bar ; and also they said , that he which dwels in another parish , doth not intend to have benefit by the ornaments of the church , or for the sexton's wages : and for that it was agreed by all , by the chief justice , williams , and the others , that if tax be made for the reparation of seats of the church , that a foreigner shall not be taxed for that , because he hath no benefit by them in particular ; and the court would advise e . in penner and crompton's case , it was held , that none shall be chargeable for contribution to church-reckonings if he do not inhabit there , or consent to them . more 's rep. ( . ) note , upon a motion for a prohibition ; that if a parson contract with me by word , for keeping back my own tithes for three or four years ; this is a good bargain by way of retainer : and if he sue me in the ecclesiastical court for my tithes , i shall have a prohibition upon this composition . but if he grant to me the tithes of another , though it be but for a year ; this is not good , unless it be by deed. ( . ) the disposal of seats in the body of the church doth belong of common right to the ordinary of the diocess , so as he may place and displace at his pleasure . if a man and his ancestors , and all those whose estate he hath in a certain messuage , have used time out of mind , &c. to repair an isle of the church , and to sit there , and none other : the ordinary may not displace him ; for if so , then a prohibition lies , for that he hath it by prescription upon reasonable consideration f : likewise if a man prescribe , that he and his ancestors , and all those whose estates he hath in a certain messuage , have used to sit in a certain pew in the body of the church time out of mind , &c. in consideration that he , &c. have used time out of mind to repair the said seat. if the ordinary remove him from that seat , a prohibition lies , for in this case the ordinary hath not any power to dispose thereof ; for that is a good prescription , and by intendment there may be a good consideration for the commencement of that prescription , although the place where the seat is be the parson 's freehold . in this case a prohibition was granted to the bishop of exeter for one cross g . but if a man prescribe to have a seat in the body of the church , generally , without the said consideration of repairing the seat , the ordinary may displace him h . but with the seats in the chappels annexed to noblemens houses , it is said the ordinary hath nothing to do i . if there be a custome in a parish , that of the parishioners may chuse the churchwardens , which churchwardens have power by the custome to repair the old seats , and erect new in the body of the church , and to appoint who shall sit in them ; and the churchwardens so elect , erect a new seat in the body of the church , and appoint a certain person to sit there ; and after the ordinary decree , that another shall have the seat : in this case it is said a prohibition lies , for the custome hath fixt the power of disposing the seats in this case in the churchwardens , and a prohibition was granted : but it was also partly granted , for that the sentence of the ordinary was , that t. should have the seat to him and his heirs , and that none should disturb him on pain of excommunication , which is unreasonable ; and by that sentence he and his heirs shall have it , although they do not inhabitants within the parish k . ( . ) the ecclesiastical court hath cognizance of the reparations of the body of the chuech l . if a man that dwells in one parish , hath land in another , the which he keeps in his own hands and occupation , he shall be charged for that land for the reparation of the church of that parish where the land lies , for that he may come when he will , and it is a charge in respect of the land m . but if an inhabitant in one parish , lease out his land which he hath in another parish , reserving rent , he shall not be charged where the land lies , in respect of the rent , because there is a parishioner and an inhabitant that may be charged n . and a man cannot be charged in the parish where he doth inhabit , for land which he hath in another parish , to the reparation of the church , for that he may then be twice charged , for he may be charged for that in the parish where the land doth lie o ; in which case prohibition hath been granted . ( . ) if a citizen of london erect a house in the parish of a. with intent of dwelling there in time of sickness at london , and hath not any land in the parish , and after is assessed s. for reparation of the church , where others who have acres of land in the same parish , pay but d. yet no prohibition shall be granted on a suit for the said s. in the ecclesiastical court , for that they have jurisdiction of the thing , and for which reason they may order it according to their law p . ( . ) if there be a chappel of ease within a parish , and any persons of the parish have used time out of mind , &c. alone and by themselves without others of the parishioners to repair that chappel of ease , and there to hear divine service , and to marry , and all other things , only they bury at the mother-church ; yet they shall not be discharged of reparations of the mother-church , but ought to contribute to the same , for the chappel was ordained only for their ease q . but if inhabitants within a chappelry prescribe to be discharged time out of mind , &c. of the reparation of the mother-church , and are sued in the ecclesiastical court for the same , a prohibition lies on that surmize r . ( . ) if a man be rated for the ornaments of the church according to the land which he hath in the parish , a prohibition lies , for the rate for that ought to be according to the personal estate s . also if a man who is not any inhabitant within the parish , but hath land there , be rated for the ornaments of the church according to the land , a prohibition lies , for the inhabitants ought to be rated for that t ; and it was said by yelverton , that it had been often so resolved . ( . ) if all the parishioners are not rated for the reparation of the church , but some are and some are not , and those that are rated be sued in the ecclesiastical court , a prohibition will lie u . but if the major part of the parishioners of a parish , where there are four bells , doth agree that there shall be a fifth bell made , and it be made accordingly , and a rate made for payment of the same ; it shall bind the lesser part of the parishioners although they did not agree to it , for otherwise any obstinate persons may hinder any thing intended to be done for the ornament of the church ; and therefore in this case a prohibition was denied x . ( . ) the ecclesiastical court may not try the bounds of a parish ; if therefore there be a suit there depending for that , a prohibition will lie ; as where the difference is between two vicars concerning a chappel of ease ; as when the vicar of a parish libels against another to avoid his institution to the church of d. which he supposes to be a chappel of ease belonging to his vicarage : if the defendant suggest , that d. is a parish of it self , and not a chappel of ease , a prohibition lies , for they may not try the bounds of a parish y . ( . ) if a vicar sue the parson impropriate for dammages for cutting down the trees growing in the church-yard , a prohibition lies ; for that if the trees belong to him , he may have trespass at common law ; and in this case a prohibition was granted z . ( . ) one being sued in the ecclesiastical court for money for reparation of the church , prayed a prohibition and had it , and after it was moved for a consultation . the case was this , viz. the party that was sued , prescrib'd that there is a chappel within the same village , in which they have had at all times sacramenta & sacramentalia , and that he nor the inhabitants of that village which resort to the said chappel , have ever used to repair the said church ; the first point in this case was , whether the prescription were good ; and the chief justice said , that it is contrary to common right , that they who have a chappel of ease in a village should be discharged of repairing the mother-church ; and it may be that the church being built with stone , it may not need any reparation within the memory of man , and yet that doth not discharge them without some special cause of discharge shewed . the second point was the taking away of an objection , as they said , viz. that a prescription which is incident to ecclesiastical things , shall be tried in the ecclesiastical court , and so that objection removed , and commonly the church-wardens are chosen in the ecclesiastical court , yet the lord of a mannor may prescribe for that , and then it shall not be tried in the ecclesiastical court , although it be a prescription of what appertains to a spiritual thing . ( . ) note , that in the case of churchwardens , the chief justice said , that for the repairing the fabrick of the church the charge is real , & charges the land and not the person ; but for the ornaments of the church it is personal , and there if a man be not an inhabitant within the parish , he is not chargeable in respect of his land , for such tax doth charge the goods only . and to this chamberlain justice agreed , and none denied it ; but where there is a farmor of the land , there the farmor alone shall not be charged , for it is not reason that a poor husbandman , who paies rent for his land , and perhaps to the utmost value , should build churches ; but it may be unknown to the parishioner and the churchwardens who hath the fee in reversion , and therefore they may impose the whole tax on the farmor , and he by way of answer may alledge in the ecclesiastical court that he is but the farmor , and thereupon the tax shall be divided between him and his landlord , according to the rate which the land is worth more than the rent , and on the landlord according to the quantity of the rent ; quod quaere , for in jeofferie's case coke it is resolved , that the farmor alone is chargeable , and that a consultation was granted , but not for that reason , but for that the reversioner had pleaded an insufficient plea in the ecclesiastical court , viz. that he was not an inhabitant within the parish , which is not a good plea , as also for the great delay which he had used , having made or brought two appeals , and after a prohibition , and so had put the parish to l. charge for the recovery of l. and for that reason chiefly , and not on the matter in law was the consultation granted . ( . ) in frances and ley's case , it was resolved by the justices , that coats of arms placed in windows , or a monument placed in the church or church-yard , cannot be beaten down and defaced by the parson , ordinary , churchwardens , or any other : and if they be , the heir by descent interessed in the coat , &c. may have an action of trespass . ( . ) in an action upon the case , d. shewed he was seized of a messuage and land in p. to the same belonging , and in the parish of p. time whereof , &c. and yet is a chappel in the north part of the chancel , called the parsons chancel , and the plaintiff and all those , &c. have used to sustain and repair the said chancel , and have used for him and his family to sit in seats of the said chancel , and to bury there the persons dying in the said messuage , and that none other during all the said time , &c. without their license , have used to sit there , or to be buried there , and that the defendants praemissorum non ignari , malitiose impediverunt him to enter , and sit in the said seats . the defendant said , that the earl of n. was seized of the honour of f. and the said chappel was parcel of the said honour , and that the defendants being servants of the said earl , and resident within the said honour , did divers times in the time of divine service sit in the seats of the said chancel , by the command of the said earl ; upon which it was demurred : exceptions were taken to the declaration , because he prescribes to have a liberty appertaining to his house , and doth not shew it is an ancient house . and ( ) that the allegation of the disturbance was ill , being general , without alleding a special disturbance , and how he was disturbed . resolved , that when it is supposed he is seized in fee of a capital messuage , and time , &c. it is there included , that it is an ancient messuage , and so might have such a priviledge ; and for the second , it is sufficient to alledge a general disturbance , as is usual in the case of a fair or market . ( . ) d. was indicted upon the statute of e. . for striking in paul's church-yard ; he pleaded that he was by the queens letters patents created garter king of arms , and demanded judgment because he was not so named : it was the opinion of the court , that because it was a parcel of his dignity and not of his office only , and because the patent is , creamus , coronamus , & nomen imponimus de garter rex heraldorum , that therefore in all suits brought against him , he ought to be named by this name ; and thereupon he was discharged of the indictment . and in penhallo's case , who was indicted upon the same statute , for drawing of dagger in the church of b. against j. s. and doth not say , with intent to strike him ; for which cause the judgment was quashed . likewise in child's case , who was indicted for striking in the church-yard ; and it was apud generalem sessionem pacis tent . apud blandford , and it was not said [ in comitatu praedicto ] for which reason the party was discharged , though the county was in the margin . ( . ) in pym's case before-mentioned ; corven did libel in the ecclesiastical court against pym for a seat in a church in devonshire ; and pym , by serjeant hutton , moved for a prohibition upon this reason , that himself is seized of a house in the said parish ; and that he and all whose estate he hath in the house , have had a seat in an isle of the church : and it was resolved by the court , that if a lord of a mannor , or other person , who hath his house and land in the parish , time out of mind , and had a seat in an isle of the same church ; so that the isle is proper to his family , and have maintained it at their charges ; that if the bishop would dispossess him , he shall have a prohibition : but for a seat in the body of a church , if a question ariseth it is to be decided by the ordinary , because the freehold is to the parson , and is common to all the inhabitants . and it is to be presumed , that the ordinary who hath cure of souls , will take order in such cases , according to right and conveniency ; and with this agrees h. . . and the chief justice , damc wick her case , h. . . which was , the lady brought a bill in b. r. against a parson , quare tunicam unam vocatam , a coat armor and pennons with her husband sir hugh wick his arms , and a sword , in a chappel where he was buried ; and the parson claimed them as oblations : and it was there held , that if one were to sit in the chancel , and hath there a place , his carpet , livery , and cushion , the parson cannot claim them as oblations ; for that they were hanged there is honour of the decased : the same reason of a coat-armour , &c. and the cbief justice said , the lady might have a good action , during her life , in the case aforesaid , because she caused the things to be set up there ; and after her death the heir shall have his action , they being in the nature of heir-looms which belong to the heir . and with this agrees the laws of other nations . bartho . cassanae , fo . . con. . actio datur si aliquis arma in aliquo loco posita deleat aut abrasit , &c. and in ed. . . in the bishop of carlisle's case . note , that in easter-term it was resolved in the star-chamber , in the case between hussey and katherine leyton , that if a man have a house in any parish , and that he and all those whose estate he hath , have used to have a certain pew in the church ; that if the ordinary will displace him , he shall have a prohibition ; but where there is no such prescription , the ordinary will dispose of common and vulgar seats . ( . ) in the county of dorset there was a mother-church and also a chappel of ease within the same parish ; they of the mother-church did rate and tax them of the chappel of ease , towards reparations of the mother-church , for the which , upon their refusal to pay the same , being sued in the ecclesiastical court , they prayed a prohibition , and for cause alledged , that they themselves have used time out of mind , &c. to repair the chappel at their own proper cost , without having any contribution at all from them of the mother-church , and that they have been exempted from all charges and reparations of the mother-church , and yet for their refusal to pay this tax , they were libelled against in the ecclesiastical court , and a sentence there passed against them ; they therefore prayed a prohibition . by the opinion of the whole court a prohibition lieth not in this case , in regard , that this prescription is meerly spiritual , and therefore a prohibition denied per curiam . ( . ) one was presented ex officio in the ecclesiastical court , for the not frequenting of his parish-church ; he there pleads , that this was not his parish-church , but that he had used to frequent another parish church , and to resort unto that : and because they in the ecclesiastical court would not receive his plea , the court was moved for a prohibition , for that by the law , in the time of king h. . ed. . and ed. . they in the ecclesiastical court have not any power to intermeddle with the precinct of parish-churches , neither are they there to judge , what shall be said to be a mans parish-church : and so was the opinion of the whole court , and therefore by the rule of the court a prohibition was granted . ( . ) touching the reparations of a church , and who were liable thereunto , this being a question coming in debate before the judges : it was resolved by the whole court , that for and towards the reparation of a church , the land of all , as well of foreigners there not inhabiting , as of all others , is liable thereunto , and this is so by the general custome of the place ; and this is to be raised by a rate imposed according to the value of the land , and that in the nature of a fifteen , and this is not meerly in the realty , williams and yelverton justices , and flemming chief justice , not the land , but the person of him who occupieth the land is to be charged . yelverton justice , a man is chargeable for reparations of a church by reason of the land ; and for the ornaments in the church , by reason of his coming to church . williams justice and flemming chief justice , if the person have land there he is chargeable for both , whether he come to church or not , for that he may come to church if he please . ( . ) in a prohibition the case was this : the defendant did libel before the bishop of london in the consistory court , for a seat in the church ; sentence there passed against the defendant ; whereupon he appealed to the arches . the court was moved for a prohibition , in regard the title to the seat or pew was grounded upon a prescription : the court answered , &c. as for the title we are not here to meddle with it , this being for a seat in the church . haughton justice , this disposition of pews in the church belongs of right to the order and discretion of the ordinary ; and to this purpose is the case of h. . fo . , and sir william hall's case against ellis . doderidge justice , i moved this case in the court of c. b. and it was for a seat in the church : an action there brought for disturbance , and i there cited hall's case ; and e. . fo . . the case of the grave-stone and coat-armor : for the taking of which an action of trespass lies at the common law , and therefore by the same reason an action of trespass should lie for such a disturbance in a seat of a church ; but there the judges did all of them say , that they would not meddle with the deciding of such controversies for seats in the church , but would leave the same to them , to whom more properly it belonged . croke justice , hall's case was this , where a man did build an entire isle in the church , and was at continual charge to repair it ; if he be disturbed in the use of this , he shall for this disturbance have his remedy at the common law , and so it hath been adjudged ; but the judges all said , we are not here to meddle with seats in the church . doderidge justice , this appeal here is like unto a writ of error at the common law ; but it doth differ in this , by the appeal the first judgment or sentence is suspended , but after a writ of error brought , the first judgment still remains until it be reversed . coke chief justice , it was pym's case in the common bench , and h. . fo . . that the ecclesiastical court hath jurisdiction and power to dispose of pews and seats in the church ; but if there be an isle built by a gentleman , or by a nobleman , and he hath used to bury there , and there hath his ensigns of honour , as a grave-stone , coat-armor , or the like , which belongs not unto the parson ; if he take them , the heir may well have an action of trespass : otherwise it is , where the same is repaired at the common charge of the parish , there they have the disposing of them : ellis and hall's case remembred , a kentish case , there the seat was repaired by him , and was belonging to his capital messuage by prescription , and so triable at the common law : and so where the case is special , that the party doth wholly and solely repair the same , in such a case , if a suit be there concerning such a seat , a prohibition well lieth , but not otherwise : but if a nobleman comes to dwell in the countrey , he is now within the sole order and dispose of the ordinary for his pew and seat in the church ; and upon the former difference was pym's case adjudged in the c. b. in this principal case , a prohibition was denied by the whole court. chap. xiii . of churchwardens , questmen , and sidemen . . what such are in construction of law ; how the choice of them is to be made , and wherein the office doth consist . . what actions at law may lie for or against them . . whether actions lie for the new churchwardens in trespas done in time of their predecessors . . certain things appertaining to the church within the charge and office of churchwardens to provide and preserve . . cases in law touching the election of churchwardens . . what sidemen or questmen are , and their duty . . action at law against churchwardens , touching distress taken by them for money for relief of the poor . . a churchwarden refusing to take the oath of enquiry on the articles , action thereon . . what remedy in case the archdeacon refuses to swear the church-wardens elect. . the injunctions of king ed. . touching all marriages , baptisms , and burials to be registred in the presence of the churchwardens . . whether the release of one churchwarden , shall be a bar to his companion , in an ecclesiastical suit commenced by them both ? . prohibition , where churchwardens have pretended a custome to chuse the parish-clerk . . the like upon a presentment by churchwardens against one , in matter more proper for a leet , than the ecclesiastical court , to take cognizance of . . the prevalency of custome against a canon , in choice of a churchwarden , in reference to a vicar and the parishioners . . if question be , whether lands next adjoyning unto a church-yard shall be charged with the repairs of the fences thereof , and custome pleaded for it , in what court cognizable . . in action of account by parishioners against churchwardens , by whom a release of c●sts is pleaded , but disallowed in the ecclesiastical court ; whether prohibition lies in that case ? . whether churchwardens are a corporation qualified for lands as well as goods to the use of the church ? . the churchwardens disposal of goods , belonging to the church , without the assent of the sidemen or vestry , void . . churchwardens not ecclesiastical officers , but temporal employed in ecclesiastical affairs ; before whom are they to account ? . whether churchwardens may have action for trespass done to the church in their predecessors time ? . whether the parishioners by force of a custome , or the parson by virtue of a canon , shall chuse the churchwarden ; and whether prohibition lies in that case ? . whether churchwardens , as a corporation , may prescribe to take lands to them and their successors , to the use of the church ? . churchwardens , or guardiani ecclesiae , are certain officers parochial , annually elected or chosen by and with the consent of the minister and a select number of the chief parishioners , according to the custome of the place , to look to the church and church-yard , and to take care of the concernments thereof , and of such things as appertain thereto ; as also to observe and have an inspection into the behaviour , lives , and conversation of their parishioners , touching such faults and disorders as are within the cognizance and censure of the ecclesiastical jurisdiction . these officers are a kind of corporation , enabled to sue and be sued for any matters or things belonging to the church or poor of their parish ; and have as their assistants , certain side-men or questmen , who according to the custome of the parish are yearly likewise chosen , to assist the churchwardens in the enquiry and presenting such offenders to the ordinary as are within the ecclesiastical cognizance and censure aforesaid ; for which they are not to be sued or troubled at the law by any such offenders so presented as aforesaid a ; nor are they obliged to present oftner than twice a year , except it be at the bishop's visitation ; yet they may present as oft as they shall think meet , if good occasion shall so require b ; but they may not ( on pain of being proceeded against by their ordinaries , as in cases of wilful perjury in courts ecclesiastical ) willingly and wittingly omit to present such publick crimes as they knew to have been committed , or could not be ignorant that there was then a publick same thereof c . moreover , the old churchwardens are to make their presentments before the new be sworn ; till which time the office of the old continues ; the usual time for the new churchwardens to enter upon their office , is the first week after easter , or some week following , according to the direction of the ordinary ; before which , the old churchwardens shall exhibit the presentments of such enormities as happened in their parish since their last presentments , and shall not be suffered to transmit or pass over the same to those that are newly chosen d . by the ninetieth canon the choice of churchwardens , questmen , sidemen , or assistants is to be yearly made in easter-week ; and that by the joynt-consent of the minister and the parishioners , if it may be ; otherwise , the minister to chuse one , and the parishioners another ; who at their years end , or within a month next after , shall in the presence of the minister and the parishioners make a just account of what they have received and disbursed for the use of the church , and shall deliver over what remains in their hands belonging to the church , unto the next churchwardens by bill indented e . ( . ) one brought action on the case against churchwardens , for a false and malicious presentment of him in the spiritual court , and found for the defendants ; they prayed double costs on the statute of jac. but jones , crook , and berkley , justices , denied it , for that the statute doth not extend to churchwardens for things of their office in ecclesiastical causes f . they have their action of trespass at the common law for such things taken away out of the church , as belonged to the parishioners in reference to the church g . and the release of one of the churchwardens , is no bar in law to the other h if one take away the chalice or surplice out of the church , action of trespass lieth against him at common law , and not in the ecclesiastical court i . so if one lay violent hands on an ecclesiastical person , an action lies in the ecclesiastical court , but he shall not there sue for dammages k . if the organs , or parish-bible or the like , be taken away out of the church , the action lies at the common law and not in the spiritual court for the same , for the churchwardens may have their action at common law in that case l : but if the parson take away out of the church the scutcheon or banner of some person deceased , his widow ( if she did put it there , and it be taken away in her life time ) may have her action of trespass at common law , or after her decease the heir may have the same action m . ( . ) trespass brought by the churchwa●dens of f. and declared , that the defendant took a bell out of the said church , and that the trespass was done eliz. it was found for the plaintiffs . it was moved in arrest of judgment , that it appears by the declaration , that the trespass was done in the time of their predecessors , of which the successor cannot have action : and actio personalis moritur cum persona , vid. h. . . but the old churchwardens shall have the action . coke contrary , and that the present church-wardens shall have the action , and that in respect of their office , which the court granted . and by gawdy , churchwardens are a corporation by the common law , vid. h. . . by frowick , that the new churchwardens shall not have an action upon such a trespass done to their predecessors ; contrary by yaxley . vid. by newton and paston , that the executors of the guardian in whose time the trespass was done , shall have trespass n . ( . ) it is the duty of churchwardens not only to take care of the concernments of the church , and to present disorders , as aforesaid , but also to provide bread and wine against the communion , the bible of the largest volume , the book of common prayer , a decent pulpit , a chest for alms , materials for repairing the church , and fencing the church-yard , and the like , all at the parish-charge , and shall , what in them lies , prevent the prophanation of churches by any usage thereof contrary to the canons . it was agreed by the court in robert's case , that a tax for the church cannot be made by the churchwardens only . hetley's rep. ( . ) in butt's case , moore serjeant moved at court for a prohibition , because where the custome of the parish or village was , that the parishioners have used to elect two churchwardens : and at the end of the year , to discharge one and elect another in his room , and so alternis vicibus , &c. by the new canon now the parson hath the election of one , and the parish of the other ; and that he that was elected by the parishioners , was discharged by the ordinary at his visitation ; and for that he prayed a prohibition . et allocat . as a thing usual and of course . for otherwise ( by hubbard ) the parson might have all the authority of his church and parish o . the like case to this we have elsewhere reported , viz. the parson and church-wardens in london by the custome are a corporation , and the parishioners time out of mind , &c. have used at a certain day in the * vestry to elect churchwardens ; they elect a. and present him to the archdeacon , who refuses a. and forbids him to exercise the office of a churchwarden , because the parson pretended , that by the new canon the election of a churchwarden belonged to him to dispose , &c. and exercise the office of churchwarden . and a. is sued ex officio in the high commission-court , amongst other things touching that : a. prays a prohibition , because the canon does not take away the custome . also it would be very mischievous , if the parson should elect whom he please to be churchwarden . and the parson and churchwardens being a corporation , then they may dispose of the goods and lands of the parish as they please . coke chief justice said , that a convocation hath power to make constitutions for ecclesiastical things or persons , h. . . e. . . but they ought to be according to the law and custome of the realm . and they cannot make churchwardens that were eligible , to be donative without act of parliament ; and the canon is to be intended where the parson had nomination of a churchwarden before the making of the canon . and now rule was given for a prohibition , if cause be not shewn to the contrary , &c. ex motione serjeant foster p . ( . ) as touching sidemen , otherwise called questmen , they are only such as are annually chosen , according to the custome of every parish , to assist the churchwardens in the enquiry and presenting such offenders to the ordinary , as upon such presentments are prosecuted and punishable in the ecclesiastical court. ( . ) in an action of trespass against the churchwardens , where by the statute of eliz. cap. . if for a distress taken by them , for money for the relief of the poor , trespass be brought against them , and verdict pass for them , the defendants shall recover treble dammages with their costs ; and that to be assest , &c. by the same jury , or by writ of enquiry of dammages , it was resolved ( ) that the costs shall not be trebled , but only the dammages . ( ) that the treble dammages are well assest by the jury , although that it be not done by the court. because the words are [ by the same jury to be assest ] and not dammages to be trebled by them a . ( . ) upon an habeas corpus the case was return'd to be , that h. being churchwarden , refused to take the oath of enquiry of the articles touching ecclesiastical matters . and the warrant of the commitment of the high commissioners was to retain him , and until we shall give order for his delivery . by the court , &c. vntil we , that is , all we , ed. . . a. h. . . a. that is not good ; for if then any of them dies , or be removed , the party shall never be delivered by that means : but it ought to be , until he shall be lawfully delivered . but notwithstanding the churchwarden was not out upon bail , because now also he refused to take that oath : but with a so far forth as the articles do agree with the law of god and the land. note , that such subscription or consent to the articles eliz , by a parson is not good . as it was adjudged in , & eliz. b. r. clark against smithfield : but afterwards the church-warden was delivered by the high commissioners b . ( . ) if the parishioners have time out of mind used to chuse two churchwardens yearly , and to present them to the archdeacon to be sworn , and he have used to swear them , and upon such election and presentation to him to be sworn he shall refuse to swear them , a writ may issue out of the king's bench , directed to the archdeacon , commanding him to swear them , mich. jac. b. r. such writ was granted for the churchwardens of sutton valence in kent ; for although there was a canon made primo jac. to the contrary , yet that cannot take away the custome , tr. car. b. r. the like writ was granted for the churchwardens of the parishes of ethelborough and st. thomas apostles in london , after divers motions , and upon hearing of the council on both sides , pasch . car. b. r. rot. . between draper and stone . the like writ was granted for the churchwardens of holberton in devon c . if one be chosen churchwarden , and the official of the bishop refuse to administer his oath to him , he shall have a special writ directed to the official , commanding him to give him his oath . bishop's case . roll rep. note , that an attorney cannot be a churchwarden : if he be chosen , and refuse , and be sued for such a refusal in the ecclesiastical court , he may have a prohibition . wilson's case , barker's case . roll's cases , . par . fo . . ( . ) by the injunctions of king ed. . an. . to all the clergy as well as laity of this realm , it is required , that the parson , vicar , or curate , and parishioners of every parish within this realm , shall in their churches and chappels keep one book or register , wherein they shall write the day and year of every wedding , christning , and burial , made within their parish , &c. and therein shall write every persons name that shall be so wedded , christned , or buried . and for the safe keeping the said book , the parish shall be bound to provide of their common charges , one sure coffer , with two locks and keys , whereof the one to remain with the parson , vicar , or curate , and the other with the wardens of every parish-church or chappel , wherein the said book shall be laid up : which book they shall every sunday take forth , and in the presence of the said wardens , or one of them , write or record in the same , all the weddings , christnings , and burials made the whole week before ; and that done , to lay up the book in the said coffer , as before . and for every time that the same shall be omitted , the party that shall be in the fault thereof , shall forfeit to the said church three shillings four pence , to be employed to the poor mens box of that parish d . ( . ) a man taxed by the parish for reparation of the church , was sued for the tax by the churchwardens in the ecclesiastical court : depending this suit one of the churchwardens released to the defendant all actions , suits , and demands ; the other church-warden proceeded in the prosecution of the suit , and upon this the defendant procured a prohibition ; upon which matter shewed therein was a demurr joyned . davenport moved for a consultation . the question was , where two churchwardens sue in the ecclesiastical court for a tax , and one of them release , whether that release shall barr his companion or not ? it seem'd to him , that this release shall not be any barr to his companion , or impediment to sue ; for he said , that churchwardens are not parties interessed in the goods of the church , but are a special corporation for the benefit of the church ; for which he cited the case in e. . . the churchwardens brought trespass for the goods of the church taken out of their possession , and they counted ad damnum parochianorum , and not to their proper dammage ; and the h. . . h. . . h. . . where it is said expresly , that the wardens of a church are a corporation only for the benefit of the church , and not for the disadvantage thereof ; but this release sounds to disadvantage of the church , and therefore seems to be no barr : also this corporation consists of two persons , and the release of one is nothing worth ; for he was but one corps , and the moiety of the corps could not release ; and for these reasons he prayed a consultation . yelverton to the contrary , and he took a difference and said , that he agreed , that if the wardens of the church have once possession of the church , there in action of trespass brought for these goods one warden cannot release : but this tax for which they sue is a thing meerly in action , of which they have not any possession , and there he cannot sue alone ; and therefore this release shall barr his companion . the court interrupted him and said , that clearly consultation shall be granted ; fleming chief justice , we have not need to dispute this release , whether it be good or not ? and there is a difference where suit is commenced before us , as if churchwardens brought trespass here for goods of the church taken , and one release , then we might dispute whether this release were good or not ; but when the matter is originally begun before them in the ecclesiastical court , and there is the proper place to sue for this tax , and not any where else , we have nothing to do with this relase ; for which reason by the whole court a consultation was granted . in an action in the ecclesiastical court by two churchwardens , if the defendant plead the release of one of them , that shall be tried there , and no prohibition shall be granted . vid. roll. abr. ver . prohibition , pag. . nu . . ( . ) if the churchwardens of a parish have used time out of mind , &c. to chuse the parish-clerk , and suit be in the ecclesiastical court to remove him , and to put in one of the parson's choice , a prohibition lies , as in walpool's case ; but there the prohibition was granted by the consent of parties , to try the custome . the like prohibition was granted between brown and crawshawe for white-chappel parish . and the like granted between beaumont and westley for the parish of st. cuthberts in wells . ( . ) if a presentment be made by the churchwardens of a parish in the ecclesiastical court , that j. s. one of the parishioners is a railer and sower of discord among his neighbours , a prohibition lies ; for that belongs to the leet , and not to that court , unless it were in the church or such like place . ( . ) where the parishioners of a parish have used time out of mind , &c. to chuse one churchwarden , and the vicar another ; and afterwards a canon is made , that the vicar shall chuse both , and so he doth accordingly , and the parishioners shall chuse one according to the custome , and the ordinary disallow him , and confirm the two chosen by the vicar , a prohibition hath been granted in this case . so likewise a prohibition was granted against the church-wardens , chosen by the parson of st. magnus near london-bridge by force of the canon , on a surmize , that the parish had a custome to elect both churchwardens . the like also was granted for abchurch in london . ( . ) where the churchwardens sued in the ecclesiastical court j. s. supposing in their libel , that he and all those whose estate he hath in certain land next adjoyning to the church-yard , have used time out of mind , &c. to repair the fences of the church-yard next adjoyning to the said land : in this case it was said , that a prohibition lies , and that it ought to be tried at common law , for that it is a charge to the temporal inheritance . ( . ) if the parishioners sue the churchwardens of the parish in the ecclesiastical court to make an account , and in that suit costs of suits are taxed for the parishioners against the church-wardens , and after the churchwardens pay the costs to one of the parishioners , and thereupon he that receives the costs gives a release to the churchwardens for the said costs , and that release is after pleaded by the churchwardens against the other parishioners in the ecclesiastical court , and they there disallow it ; yet no prohibition granted , for that they have cognizance of the original , viz. the costs , they shall have cognizance also what shall be a sufficient payment thereof . and in this case a prohibition was denied . ( . ) the churchwardens cannot prescribe to have lands to them and their successors , for they are not any corporation to have lands , but for goods for the use of the church . and therefore it seems at the common law , if a feoffment be made to the use of the churchwardens of d. it is a void use , for they have no capacity for such purchase . ( . ) the churchwardens gift of goods in their custody without the assent of the sidemen or vestry , is void . if a man take the organs out of the church , the churchwardens may have action of trespass for them , for the organs belong to the parishioners , and not to the parson ; therefore the parson cannot sue him in the ecclesiastical court that takes them away . the churchwardens by the assent and agreement of the parishioners may take a decayed bell , and deliver it to the bell-founder , and that by their agreement he shall have l. for the casting thereof , and retain it until the l. be paid ; and that agreement of the parishioners shall excuse the churchwardens in a writ of account brought against them by their successors churchwardens ; for the parishioners are a corporation to dispose of such personal things as appertain to the church . ( . ) b. churchwarden of the church of s. was sued in the ecclesiastical court to account for the moneys which he had received and expended by reason of his office the last year past , and for obtaining a prohibition he suggested , that per legem terrae , he ought to account before the minister of his parish , the succeeding churchwardens , and a great number of the parishioners ; and that he had accounted accordingly . henden , the ecclesiastical judge ex officio may compel him to account before him : i agree that churchwardens for all personal things concerning the church are a corporation e. . . and for goods of the church they may have action , and count to the damage of the parish , and the succeeding churchwarden may have action against his predecessor as against a stranger , but not as against an officer for what he did ratione officii , and then if he shall not be enforced to account in the ecclesiastical court , then there will be no remedy against him , vid. h. . ( ) he is an ecclesiastical officer , and therefore proper to the ecclesiastical judge to have jurisdiction of his account ; and a clerk of a parish may sue in the ecclesiastical court for his fees , which are called largitiones charitativae , vid. register fo . . for he is quodammodo an officer spiritual , e. . . but notwithstanding this , a prohibition was granted ; and mountague chief justice said , that a churchwarden is not an ecclesiastical officer , but temporal employed in ecclesiastical business ; quaere , whether in that case the minister may require him to render an account ? and if he refuse , whether the ecclesiastical judge may compel him to account . ( . ) in trespass by churchwardens , for taking a bell out of the church in the time of their predecessors , it was adjudg'd , that the action did lie , whereas it was declared ad damnum ipsorum ; which shall be supposed ad damnum parochianorum . ( . ) the parishioners of the parish of al-hallowes in london , did prescribe to chuse their churchwardens every year , and they chose w. their churchwarden ; the parson by virtue of a late canon , that he should have the election chose c. to be churchwarden , and procured him to be sworn in the ecclesiastical court ; and a prohibition was prayed , for that it being a special custome the canons cannot alter it , and if every parson might have election of the churchwardens without the assent of the parishioners , they might be much prejudiced : and so it was said , that it had been adjudg'd , pasch . jac. in the case of the parishioners of walbrook in london . ( . ) although ( as aforesaid ) the law doth make church-wardens a kind of corporation , and enables them by that name to take moveable goods and chattels , and to sue and be sued at law concerning such goods for the use and benefit of their parish ; yet they cannot take an estate of lands to them by name of church-wardens ; nor can churchwardens prescribe to have lands to them and their successors , for they are no corporation to have lands , but for goods of the church only . chap. xiv . of consolidation or vnion of churches . . consolidation , what ; whence so called ; by whom , and in what cases it may be made . . the several kinds of consolidation . . the reasons and grounds thereof in the law. . the requisites of law in order to a consolidation . . how consolidation is practised here with us , and how in france . . the division or distinction which the canon law makes of consolidation . ( . ) consolidation is the uniting , combining , or consolidating of two churches or benefices in one a . this cannot be done without the consent of the bishop , the patron , and the incumbent . this word thus used in an ecclesiastical sense , takes its denomination from what the civil law intends by consolidating the interest of possession and property together , which in that law is called , consolidatio ususfructus & proprietatis ; as when a man having the usufruct of certain lands by way of rent , devise , or otherwise , doth then and at the same time purchase the fee or inheritance thereof ; hoc casu consolidatio fieri dicitur . instit . de vsufruct . § . . so that in such secular concerns , according to that law , it properly signifies an uniting of the possession , occupation , or profit , with the property of the thing so prepossessed ; which is sometimes called an vnity of possession , being a joynt-possession of two rights in the same person by distinct and several titles . by the statute of h. . cap. . it was lawful to make an union or consolidation of two churches in one , whereof the value of the one was not above six pounds in the king's books of the first-fruits , and not above one mile distant from the other . and by a late statute of car. . cap. . it may be lawful for the bishop of the diocess , mayor , bayliffs , &c. of any city or town corporate , and the patron or patrons , to unite two churches or chappels in any such city , town , or the liberties thereof ; provided the churches so united exceed not the annual value of an hundred pounds , unless the parishioners esire otherwise . see the statute at large . ( . ) by this consolidation or union of churches one of the benefices becomes void , yea extinct in law , illud enim quod alteri unitur , extinguitur , neque amplius per se vacare dicitur . dd. in c. cum access●ssent . de constit . & iudo . gomez . in regul . cancell . gall. de trien . possess . q. . jo. andr. ad clem. . de supplen . neglig . praelat . again , the law in express terms says , that intereunt beneficia vnione , quando duo vel plura beneficia in unum in perpetuum conjunguntur . c. sicut unire . de excess . praelat . of this consolidation or union the law makes a threefold distinction , or it may be done three several ways in construction of law , ( ) when one and the same person is set or appointed over two churches . can. & temporis qualitas . . q. . c. . ne sede vacante . this with us amounts to a plurality , but not unto a consolidation or union . ( ) when one church is so united to another , that that which is united , amittit jus suum , & eo utitur cui fit unio . c. recolentes . § . sin . de stat. monac . & lindw . de locat . & conduct . c. licet glo . verb. appropriationum . ( ) when two or more churches or benefices are so united together , as that the one is not subject to the other , in which case quod melius est , retinetur . arg . c. medicamentum . de poenit . dist . . gl . in regu . . cancell . innoc. . ( . ) there are several causes or reasons in the law for this consolidation , incorporation , annexation , or union of churches ; and they are chiefly these five , ( ) an unlawful dividing of those churches or ecclesiastical benefices , precedent to their reintegration or intended reconsolidation , as when such as had been formerly united , were illegally divided . otho . constit . ne ecclesia una , c. cum sit ars . gl . ib. in ver . reintegrentur . ( ) for the better hospitality , and that the rector might thereby be the better enabled to relieve the poor . . q. . posteaquam . § . his ita . & dict . gl . otho . const . ( ) the overnighness of the churches each to other in point of scituation , insomuch that one rector may commodiously discharge the cure of both , by reason of the vicinity of the places . arg. extr . de praebend . c. majoribus . ( . ) for or by reason of a want or defect of parishioners , as when one of the churches is deprived of her people by some incursion of an enemy , or by some mortal disease or sickness , or the like . . q. . vnio . & gloss . ubi supra . ( . ) for and by reason of the extream poverty of one of the parishes . extr. de eta . & qua . eam te . extr. de praebend . vacant . in fin . vid. tholos . syntagm . jur . lib. . cap. . nu . . all which causes or reasons of consolidation are enumerated out of the canon law by john dè aton in his gloss upon cardinal otho's constitutions , and whatever other causes of consolidation are asserted by the dd. may be all referr'd to one or other of the foresaid reasons . likewise , there are certain solemnities required by the canon law , to be used and observed in the consolidation and union of churches and ecclesiastical benefices , the impracticability whereof in this realm , having otherwise provided in such cases , can have no such malign influence in law , as to invalidate the thing for want of some circumstantials , so long as there is a retention of the essentials , according to the laws and constitutions of this kingdom . vnio facta ab episcopo debet intervenire consensus capituli sui . clem. si vna . de reb . eccl. non aliend . item requiritur consensus patroni . clem. in agro . § . ad haec de stat. mona . item , nullum habet effectum vivente beneficiato . card. zab. in dict . clem. si una , &c. item , verus valor beneficiorum exprimi debet , &c. ( . ) in all consolidations regularly there ought to be causa necessitatis vel vtilitatis : also the just and true value of the benefices ought to be known , as well of that which is to be united , as of that to which the other is unitable ; in order whereunto there ought to issue a commission of enquiry touching the said cause and value , at which all persons pretending interest , are to be or may be present upon summons or notice thereof timely given them to that end ; for no consolidation or union of that kind ought to be made non vocatis vocandis . rebuff . resp . . ( . ) this form touching consolidations and union of churches and ecclesiastical benefices is practiced in france ; which , though there appears nothing therein but what seems consonant to reason , yet the statute-laws of this realm have herein made other provision in this matter : and that which we now commonly call consolidation , the canon law , which is best and most properly acquainted with this matter , calls vnion ; touching which there are in use and practice many things in divers nations and countries , which were incognita to the interpreters of that law , and not in all things consonant to each other ; thereby rendring this subject the more perplexed by reason of the several modes of practice , diversified according to the various constitutions of several nations respectively ; for which reason the interpreters of the canon law are the less positive in reducing the state of this matter to such a point of certainty , as may be said infallible in law ; only they all agree in some certain essentials to an union , as also ( for the most part ) in this definition thereof , viz. that vnio est beneficiorum seu ecclesiarum ab episcopo , vel ab alio superiore facta annexio . to which this also may be added by way of description , though not by way of definition , that quando fit unio , ecclesia in proprietatem concedi solet . cap. in cura . de jur . patronat . and it must be vnio beneficiorum , for there cannot be an union unless there be plura beneficia in the case . l. . & per totum . ff . de optio . legat. also it is beneficiorum seu ecclesiarum , because the word [ benefice ] is in it self a general term comprehending all benefices , great and small , regular and secular , dignities and offices : c. . de reg jur . in . c. extirpandae . § . qui vero . de praebend . so that bishopricks , as well as other benefices , may be united and annexed ; but a bishoprick , which the law calls culmen dignitatis , doth not regularly fall under the name or notion of benefice : c. pen. de praebend ; and yet two bishopricks may be united . c. decimas , & seq . . q. . rebuff . de vnion . benefic . nu . , . ( . ) this consolidation or union at the canon law , is either perpetual or temporal ; if perpetual , then it must be so expressed in the union , that in perpetuum univimus : c. exposuisti , de praeb . if temporal , then it is only for his life in whose favour the vnion is made , c. . ne sede vacante , and at his death it expires , c. quoniam abbas , de offic. delegat . but the practice with us knows nothing of the temporal member of this distinction ; nor is the practice thereof at this day received in france , rebuff . ubi supr . nu . . such temporal unions being only in contemplatione personae , non ecclesiae , whereas the law is , ecclesiae magis favendum est , quam personae . dic. c. . & c. requisisti , de testa . & oldr. consil . . and where two parochial churches are consolidated or united , that church to which the other is united , shall be the superiour and principal , the other which is united , is the inferiour and accessory , yet shall enjoy the priviledges of that church to which she is united . c. recolentes , in fin . de stat . monach. lastly , the more worthy benefice is never united to the minus digno , and therefore a parochial church may not be united to a chappel , sed è contra . sic c. exposuisti , de praebend . chap. xv. of dilapidations . . what dilapidation signifies ; how many waies it may happen ; the remedies in law in case thereof ; and to what court the cognizance thereof properly belongs . . provision made by the canon for prevention of dilapidations . . dilapidation twofold in construction of law ; an exposition of the said canon ; the bishops power of sequestration in case of dilapidation . . by whom the body of the church , and by whom the chancel shall be kept in repair ; how the charge of repair in the case of dilapidations shall be apportioned ; and what the law in such cases , where one parish is divided into two. . dilapidation of ecclesiastical edifices , a good cause in law of deprivation . . the injunction of king ed. . for prevention of dilapidations . leases made by a parson , void by statute for non-residence , to prevent dilapidations . . the wasting the woods of a bishoprick , a dilapidation in law ; such woods being the dower of the church . . a vicar felling down timber trees and wood in the church-yard , is a dilapidation , and good cause of deprivation . ( . ) dilapidation is the incumbents suffering the chancel or other the edifices of his ecclesiastical living to go to ruine or decay , neglecting to repair the same ; it extends also to his committing or suffering to be committed any wilful waste in or upon the glebe-woods or other inheritance of his church . against which provision is made by the provincial constitutions , whereof sir simon degge takes notice in his parsons counsellor a ; though in truth the canon there provides rather as to satisfaction for , than prevention of such dilapidations . lindw . c. si rector alicujus ecclesiae , & gloss . ibid. but the canon law is express and full in all respects relating to this implicit sacriledge , nor doth the custome of england or the common law leave the church without sufficient remedy in this case , albeit it postpones the satisfaction of dammages for dilapidations to the payment of debts , as the canon law prefers it before the payment of legacies . sir simon degge in the forementioned place makes mention of the inhibition out of chancery to the bishop of durham by order of parliament in edward the first 's time , for wasting the woods belonging to that bishoprick b . also of the archbishop of dublin's being fined three hundred marks for disforresting a forrest belonging to his archbishoprick c . likewise , that by several books of the common law , a bishop , &c. wasting the lands , woods , or houses of his church , may be deposed or deprived by his superiour d . and in case any parson , vicar , &c. shall make any conveyance of his goods , to defraud his successor of his remedy in case of dilapidations ; in that case it is provided by the stat. of eliz . c. . that the spiritual court may in like manner proceed against the grantee , as otherwise it might have done against the deceased parson's executors or administrators e : and all such grants to defraud any person of their just actions , were made void by a later statute f . it is agreed , that the cognizance of dilapidations properly and naturally belongs to the ecclesiastical jurisdiction , and no prohibition to lie in the case ; or if such happen to be granted , then the same to be superseded by a consultation g : yet it seems actions upon the case grounded upon the custome of england , have been brought in this case at common law , and dammages recovered h . it is also enacted by the statute of eliz. that that moneys recovered upon dammages for dilapidations , shall be expended in and upon the houses , &c. dilapidated i . ( . ) cardinal othobon in his canon [ de domibus ecclesiarum resiciendis ] hath constituted and ordained , that all such ecclesiastical persons as are beneficed , take special care , that from time to time they sufficiently repair the dwelling-houses and other edifices belonging to their benefices as oft as need shall so require ; unto which duty they are earnestly and frequently to be exhorted and admonish'd , as well by their diocesans as by the archdeacons . and if they shall for the space of two months next after such monition neglect the same , the bishop of the diocess may from thenceforth cause it to be effectually done at the parson's charge out of the profits and fruits of his church and benefice , taking only so much and no more as may suffice for such repairs ; and the chancels of churches to be in like manner repair'd by those who are obliged thereto . and as to archbishops , bishops , and other inferiour prelates , they are by the said canon enjoyn'd to keep their houses and edifices in good and sufficient repair sub divini judicii attestatione . constit . othobon . de dom . eccl. re●i● . sub divini judicii attestatione ( h. e. ) damnationis aeternae in extremo cal●ulo . glo . in ver . sub divini . const . othobon . de resident . archiepisc . ( . ) by the gloss on that canon it is inferr'd , that a parson may be guilty of dilapidations , or of a neglect in that kind two waies , viz. either by not keeping the edifices in good repair , or by not repairing them being gone to decay . that canon chiefly refers to the mansion-houses of all benefices ecclesiastical , and that not only of all parsonages and rectories , but also of all bishopricks , and of all curates and prebends , and of all others having ecclesiastical livings ; but not specially ( by the words of this canon ) unto their farm-houses , though they also are by the canon law provided for in case of dilapidations . and such as neglect the reparations aforesaid , may be accused and convicted thereof before the diocesan , who hath power to sequester the fruits of such benefice for the reparations aforesaid , gloss . in ver . cessaverit . in dict . can. such fruits thereof being in construction of law , as it were tacitly hypothecated by a certain kind of priviledge for such indemnity ; and for that reason the bishop in some cases may for that end sequester the same . ( . ) and whereas in the abovesaid canon it is said , that chancels shall be kept in repair by such as are thereunto obliged , it is to be understood , that that is spoken by way of allusion to the common custome in england , whereby the body of the church is usually repaired by the parishioners , and chancels by the rectors , who notwithstanding ought to be at the care , though not at the costs , of the other also ; he being annually accountable to the bishop for the same , if the bishop so please ; for which reason the rector hath power to audit the accounts of the costs and charges about the same , as also what shall be given or bequeathed by way of legacy for that end and purpose . and where this custome prevails , that the parishioners shall repair the body of the church , it is not to be understood , that this is incumbent on them as a real , but as a personal duty or burden ; yet every parishioner proportionably to that quantity of land which he holds within the parish , and number of cattel he feeds on the same : gloss . ibid. in ver . ad hoc tenentur . and in case one parish be by legal authority divided into two , in that case , if such division were made by and with the consent of these four , viz. the bishop , the patron , the parson , and the parishioners , then the more ancient church shall not contribute to the reparations of the new , for that now they are two dictinct parishes . gloss . ibid. ( . ) sir ed. coke in the third part of his institutes , having spoken of erecting of houses and building , &c. tells us what he finds in the books of the common law and records , touching dilapidations and decay of buildings , and having margined as here in this margent , says , that dilapidation of ecclesiastical palaces , houses , and buildings is a good cause of deprivation . ( . ) by the injunctions of king ed. . an. . to all his clergy , it is required , that the proprietors , parsons , vicars , and clarks , having churches , chappels , or mansions , shall yearly bestow upon the same mansions or chancels of their churches being in decay , the fifth part of their benefices , till they be fully repaired ; and the same so repaired , shall alwaies keep and maintain in good estate k . consonant to which is the thirteenth article of queen elizabeths injunctions , given to all the clergy , an. . ( . ) the case was , where the parson made a lease to the plaintiff for years after the statute of eliz. of lands usually lett , rendring the ancient rent , the patron and ordinary confirmed it , the lessee lett part of the term to the defendant , the parson died , the successor entered and leased to the defendant ; against whom the lessee brought debt upon the former lease , who pleaded the statute of eliz. which made all leases void , where the parson is not resident , or absent for daies : it was adjudged , that the lease was void by the death of the incumbent ; for the justices said , the statute doth provide against dilapidations , and for maintenance of hospitality ; and therefore provided the leases shall be void not only for non-residence , but by death or resignation ; for otherwise dilapidations should be in the time of the successor , and he cannot maintain hospitality . ( . ) the wasting of the woods belonging to a bishoprick , is in the law understood as a dilapidation , as was formerly hinted . note , by coke chief justice , a bishop is only to fell timber for building , for fuel , and for his other necessary occasions , and there is no bishoprick but the same is on the foundation of the king ; the woods of the bishoprick are called the dower of the church , and these are alwaies carefully to be preserved ; and if he fell and destroy this , upon a motion thereof made to us ( says the lord coke ) we will grant a prohibition : and to this purpose there was a great cause which concerned the bishop of duresm , who had divers cole-mines , and would have cut down his timber-trees for the maintenance and upholding of his works ; and upon motion in parliament concerning this , for the king , order was there made , that the judges should grant a prohibition for the king ; and we will here ( says he ) revive this again , for there a prohibition was so granted . and so upon the like motion made unto us in the like case , we will also for the king grant a prohibition by the statute of e. . if a bishop cut down timber-tres for any cause , unless it be for necessary reparations ( as if he sell the same unto a stranger ) we will grant a prohibition : and to this purpose i have seen ( said he ) a good record in e. . where complaint was made in parliament of the bishop of duresm ( as before ) for cutting of timber-trees for his cole-mines , and there agreed that in such a case a prohibition did lie ; and upon motion made a prohibition was then granted ; and the reason then given , because that this timber was the dower of the church ; and so it shall be also in the case of a dean and chapter ; in which cases , upon this ground we will grant ( as he said ) prohibitions ; and the whole court agreed with him herein . also in sakar's case , against whom judgment being given for simony , yet he being by assent of parties to continue in the vicarage for a certain time , this time being now past , and he still continuing in possession , and committing of great waste , by pulling down the glass-windows , and pulling up of planks , the court granted a prohibition , and said , that this is the dower of the church , and we will here prohibit them , if they fell and waste the timber of the church , or if they pull down the houses : and prohibition to prevent dilapidations , and to stay the doing of any waste , was in that case awarded accordingly . ( . ) in a prohibition , the case was this : a vicar lops and cuts down trees growing in the church-yard ; the churchwardens hinder him in the carriage of the same away , and they being in trial of this suit : the churchwardens by their counsel , moved the court for a prohibition to the vicar , to stay him from felling any more . coke chief justice , this is a good cause of deprivation , if he fell down timber-trees and wood , this is a dilapidation ; and by the resolution in parliament , a prohibition by the law shall be granted , if a bishop fells down wood and timber-trees . the whole court agreed clearly in this , to grant here a prohibition to the vicar to inhibit him not to make spoil of the timber , this being ( as it is called in parliament ) the endowment of the church . coke , we will also grant a prohibition , to restrain bishops from felling the wood and timber-trees of their churches . and so in this principal case , by the rule of the court a prohibition was granted . chap. xvi . of patrons , & de jure patronatus . . what patron properly signifies in the law ; the original thereof ; and how subject to corruption . . in what case the bishop may proceed de jure patronatus , and how the process thereof is to be executed . . how the admittance ought to be , in case the same clerk be presented by two patrons to the same benefice . . in what cases of avoydance , notice thereof ought to be given to the patron ; and what course in that case the bishop is to take , in case he knews not the true patron . . several appellations in law , importing patron . . how many waies a church may become litigious . . whether an advowson may be extended ? . in what case the patron may present , where the king took not his turn upon the first lapse . . a patron may not take any benefit of the gl●be during a vacancy . . in what case the patron shall not by bringing the writ of qua. imp. against the bishop , prevent the incurring of the lapse to the ordinary . . the king is patron paramount , and patron of all the bishopricks in england : the charter of king john , whereby bishopricks from being donative became elective . ( . ) patron , by the canon law , as also in the feuds , ( wherewith our common law doth herein accord ) doth signifie a person who hath of right in him the free donation or gift of a benefice , grounded originally upon the bounty and beneficence of such as founded , erected , or endowed churches with a considerable part of their revenue . de jur. patronat . decretal . such were called patroni à patrocinando , and properly , considering the primitive state of the church ; but now according to the mode of this degenerating age , as improperly , as mons à movendo ; for by the merchandize of their presentations they now seem , as if they were rather the hucksters than patrons of the church . but from the beginning it was not so , when for the encouragement of lay-persons to works of so much piety , it was permitted them to present their clerks where themselves or their ancestors had expressed their bounty in that kind ; whence they worthily acquir'd this right of jus patronatus , which the very canon law for that reason will not understand as a thing meerly spiritual , but rather as a temporal annexed to what is spiritual : quod à supremis pontificibus proditum est , laicos habere jus praesentandi clericos ordinariis : hoc singulari favore sustinetur , ut allectentur laici , invitentur , & inducantur ad constructionem ecclesiarum . nec omni ex parte jus patronatus spirituale censeri debet , sed temporale potius spirituali annexum . gloss . in c. piae mentis , . q. . coras . ad sacerdot . mater , par . . cap. . yet not temporal in a merchandable sense , unless the presentor and presentee will run the hazard of perishing together ; for prevention whereof , provision is made by that solemn oath enjoyn'd by the fortieth canon of the ecclesiastical constitutions ; whereof there was no need in former ages less corrupt , when instead of selling presentations they purchased foundations ; and instead of erecting idol-temples ( for covetousness is idolatry ) they founded , built , and endowed churches for the worship of the true god. patroni in jure pontificio dicuntur , qui alicujus ecclesiae extruendae , &c. authores fuerunt , ideoque praesentandi & offerendi clericum jus habent , &c. acquirunt autem hoc jus , qui de episcopi consensu vel fundant ecclesiam , vel aedificant , vel ante consecrationem dotant , ut non valde sit obscurum , jus patronatus , &c. jus esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum , qui consentiente episcopo , vel construxit , vel dotavit ecclesiam . corasius ibid. par . . cap. . and it is gratefully provided by the canon law , if a patron , or his posterity being patrons , do fall to decay , the incumbent of the fruits of the church by compulsary censure of the ordinary , according to that law , is to be enforced to make contribution to them : for which reason it is , that the law holds vtilitas to be one of the three fruits or effects of a patronage , viz. honos , onus , vtilitas . ( . ) if two patrons , both pretending to the same church , present unto the ordinary their clerks respectively , who insist on their admission , and the bishop by admitting the one rejects the other , he that is rejected , at least his patron , may have his action against the bishop , not in the ecclesiastical , but temporal court , by a quare impedit , or the like . in such cases therefore the bishop is wont to decree a process commonly called negotium de jure patronatus ( that is ) a day fixed and certain is appointed by the bishop to sit in the church that is void , and a monition decreed to be served on the patrons presenting , and the clerks presented , then and there to be present , to see proceedings in the said business according to law ; to which end a citation issues to * twelve persons , whereof six of the clergy , and six of the laity , all of the neighbourhood of the said vacant church , to be then and there also present by way of an enquest , and on their corporal oaths to † enquire on certain articles , then ministred to them , touching the right of presentation to the said benefice . these articles consist chiefly of these four heads , viz. ( ) who last presented to the said church when it was last void , as also for the last two or three times when it was void . ( ) whether the person or persons who last presented , or these last two or three times or turns , at the time and times of vacancy of the said church , did present in his or their own proper right and title . ( ) whether either of the clerks now presented be known or suspected of any notorious crime , or of heresie , simony , perjury , adultery , or drunkenness . ( ) whether either of the clerks now presented hath given or promised , either by himself , or any other for him and in his name , or by or with his consent or knowledge , any mony or other gratuity directly or indirectly , for obtaining of his presentation to the said benefice , to the patron thereof , or to any other who presented the said clerk , or caused him to be presented . on which articles if it be found by the verdict of the said jury , that such or such of the said patrons was in the possession of the presentation at that time when the church was last void , then is his clerk to be admitted , if there be no other legal impediment to hinder it , that is , nothing to affect him with , contained in the third or fourth last precedent articles . ( . ) if two patrons , each pretending a right or title to the presentation , shall present one and the same person severally to the bishop to be admitted and instituted to the church ; the bishop cannot admit him generally , but must in his admittance of the incumbent , admit him incumbent of the presentation only of one of them : and if they make such several presentations , claiming by several titles , the bishop is to direct his writ de jure patronatus ; for that in such case the church is become litigious ; yet the bishop is not to award the said writ , but at the instance and request of the said parties . and here q. at whose charge the said writ of jure patronatus shall in this case be su●d forth , whether at the charge of the bishop , or of the parties : for that the old books ( as the reporter gives us to understand ) do differ in this point . mich. jac. c. b. in danby and linley's case . vid. ed. . quare imp. . h. . . h . . and h. . . it is supposed ( and commonly practised ) it is sued at the instance and cost of one of the parties , or of both if they joyn . h. . . b. . . a. h. . . a. hob. . h. . . h. . . a. ( . ) suppose that a parson be deprived by the ordinary , or reads not his articles : in which cases the church is void , yet notice must be given to the true patron for that time , or else the lapse incurs not ( which is inconvenient for the church , and a prejudice to the ordinary ) for how shall he in this case assure himself of a sufficient notice ? for if he give notice to him that is not patron , for this very turn , his notice is vain , and the true patron perhaps knows not of the deprivation , or if he knows it , needs not present without notice given him . in this case sir h. hobard chief justice holds , that his way is to award a jure patr●natus , with solemn premonitions quorum interest ; and then enquiry being made who is patron , to give him notice , and if he presents not within six months , then the ordinary may collate , though that shall not bind the very patron , yet it shall excuse the bishop from disturbance upon special matter shewed : but if the other supposed patron present , and the six months incur , quaere if the true patron be bound , since there was no notice given him . and the opinion of hob. is , that though without notice the patron is not bound by the lapse ; yet that is nothing to save the usurpation of another pretended patron , who is not subject to give notice a . also if a suit be depending between two parties touching the right of presentation , and it be not determined within six months , the bishop may present by lapse , and he that hath right to present , shall recover his dammages , as by the statute appears b . ( . ) the patron or he that hath right to present to a benefice , is sometimes termed adowe alias avowe ( advocatus ) c . there is also advowe paramount , or the highest patron , which is meant only of the king. advocatus est ad quem pertinet jus advocationis alicujus ecclesiae , ut ad ecclesiam , nomine proprio non alieno , possit praesentare d . britton saith , that avowe is he to whom the right of advowson of any church appertains ; so that he may present thereunto in his own name : and is called avowe , for a difference from those that sometime present in another mans name , as a guardian that presents in the name of his ward ; and for a difference also from those who have the lands to which an advowson appertains , but only for term of their lives or of years , by intrusion or disseism e . ( . ) a church may become litigious both before , and by , and after a jure patronatus : before , as by a plurality of presentations : by , as when in case of plurality of presentations upon a plural jure patronatus the one jury gives a verdict for the title of one patron , the other for the title of the other patron : after , as when after a jure patronatus awarded , and verdict thereupon given for one of the parties , a third person presents before admittance of his clerk for whom the verdict was given . upon a plural jure patronatus if one jury give a verdict for the title of the one , the other for the title of the other patron , it is conceived in that case the ordinary may refuse the clerks of both patrons , and suffer the church to lapse f . and where a third person presents after a verdict , as aforesaid , but before the clerk be admitted , whereby the church becomes litigious de novo , in that case the bishop may award a new jure patronatus . also if the bishop doubt the patrons title that presents , he may ( as some conceive ) award a jure patronatus albeit the church be not litigious g ; which is a safe way for prevention of any surprize to the rightful patron or other pretenders ; in which case if the right of patronage be found for another that had not before presented , his clerk may be admitted by the ordinary h ; who is no disturber if he admit a clerk that is presented before the church becomes litigious by a second presentation i ; for by the verdict of the jury aforesaid , he is sufficiently warranted to admit and institute the clerk for whose patrons title the verdict is given , in doing whereof he is no disturber , albeit the other patron , against whom the verdict is given , should after recover in a quare impedit . and after a verdict in a jure patronatus found for a patron , he ought to renew his request to the ordinary for the admission of his clerk ; otherwise the bishop may collate , in case the church lapse after six months . ( . ) sir john arundell and his wife brought a quare impedit against the bishop of gloucester and others , who pleaded in bar , that william sturton was seized of a mannor to which the advowson was appendent , and bound himself in a statute-merchant of l. to one long , and the statute was extended , and conveyed the interest of the statute to one of the defendants , and then the church became void : and by the court the advowson may be extended , and if it become void during the conusees estate , the conusee may present k . ( . ) in beverley's case against the archbishop of canterbury , where the question was , whether the queen might take her turn to present , in regard she took not her turn when the first lapse happened immediately at the first avoidance , by reason of the incumbents having two benefices , within the stat. of h. . and all the justices of the common pleas after long and serious debate , did resolve , that the queen shall not now have her presentation , but the patron , because the queen hath such presentment by lapse as the bishop had , and no other , and could present but to the present avoydance then void : and although nullum tempus occurrit regi , yet we must distinguish it thus , for where the king is limited to a time certain , or to that which in it self is transitory , there the king is to do it within the time limited , or in that time wherein the thing to be done hath essence or consistence , or while it remaineth , for otherwise he may not do it afterwards : so where a second presentment is granted to the king , and he does not present , he may not after l . ( . ) during a vacancy the freehold of the glebe is in abeiance m , and not in the patron n ; who can take no benefit thereby in that time o , nor can he have any action for trespass done thereon in the time of such vacancy p : yet if a man hath an annuity out of a parsonage , and he in the vacancy thereof release to the patron , it shall extinguish the annuity . h. . co. . forde , . b. ( . ) if a church becomes void by the death of the incumbent , or otherwise , and the patron within six months bring a quare impedit against the bishop , and then six months pass without any clerk presented by the patron to the bishop ; in that case the lapse shall incur notwithstanding the pendency of the writ , for it is not reasonable that the ordinary should lose his title of lapse without any wrong done by him , by a fraudulent action brought without cause by the patron , and whereby the ordinary is put to expences without cause , and by such fraudulent means the patron might keep the church perpetually void . hob. rep. . & roll. abr. verb. presentment , lit . x. pag. . ( . ) the jus appellandi in defect of justice , and the jus praesentandi in case of lapse , seem to have a parallel resemblance with one another in their gradations ; for as they both primarily meet in the ordinary : so they both pass from him to the metropolitan , and from him to the king , not only as supream ordinary , but also as patron paramount of all the bishopricks in england ; which , as they were originally donative per annulum & baculum : so now since king johns time , they are by canonical election ; for king john by his charter dated the th of january in the th year of his reign , granted this priviledge to the church in these words , viz. quod qualiscunque consuetudo temporibus praedecessorum nostrorum hactenus in ecclesia anglicana fuerit observata , & quicquid juris nobis hactenus vindicaverimus , de caetero in universis & singulis ecclesiis & monasteriis , cathedralibus & conventualibus , totius regni angliae , liberae sint in perpetuum electiones quorumcunque praelatorum , majorum & minorum ; salva nobis & haeredibus nostris custodia ecclesiarum & monasteriorum vacantium , quae ad nos pertinent . promittimus etiam quod nec impediemus nec impediri permittemus per ministros nostros , nec procurabimus , quin in universis & singulis monasteriis & ecclesiis , postquam vacuerint praelatur●● , quemcunque voluerint libere sibi praeficiant electores pastorum , petita tamen à nobis prius & haeredibus nostris licentia eligendi , quam non denegabimus nec differemus . et similiter , post celebratam electionem , noster requiratur assensus , quem non denegabimus , nisi adversus eandem rationale proposuerimus , & legitime probaverimus propter quod non debemus consentire , &c. vid. davis rep. in the case of praemunire , ●o . , . chap. xvii . of parsons and parsonages . . parson , what he is in the intendment of law. . what is meant by parson imparsonee . . the freehold of church and glebe is in the parson , what interest he hath in the church-yard , and the trees there growing ; and whether he hath any in the bells or ornaments of the church ? . how he must be qualified that will be a parson ; and who is rendred incapable of being such . . whether the parson may demand any thing by custome , upon the burial of one who dying in his parish , was buried elsewhere . . the words parsonage , church , rectory , frequently used synonymously ; pensions of ecclesiastical cognizance . . a case in law touching a parsons obligation for resignation . . whether a parsons acceptance of rent makes his predecessor's lease good . . prohibition to the high commissioners of york , touching articles exhibited before them against a parson . . a case in law touching the confirmation of a lease made by a parson . . other cases at the common law ; relating to parsons . . the patron nothing to do in the church during plenarty . . by what words a resignation of a parsonage may be , or not . . whether the resignation of a donative may be to the donor , or how it may be departed with ? . whether the parson may appoint the parish clerk ? . a bishop , archdeacon , and parson , are spiritual corporations and have a double capacity . . all differences between parsons and vicars concerning the endowment of the church , are cognizable in the ecclesiastical court. . priviledges of the clergy . ( . ) there is parson [ persona ] and parson imparsonee [ persona impersonata : ] parson properly signifies the rector of a parochial church ; because during the time of his incumbency he represents the church , and in the eye of the law sustains the person thereof , as well in suing , as in being sued in any action touching the same a . originally the parson was he that had the charge of a parochial church , and was called the rector of that church ; but it seems he is most properly so called , that hath a parsonage where there is a vicarage endowed . and yet it is supposed that persona is the patron , or in whom the right of patronage is , for that before the lateran council he had right to the tithes in regard of his having erected and endowed the church which he had founded . the pastors of parishes are called rectors , unless the praedial tithes be impropriated ; and then they are called vicars , quasi vice fungentes rectorum : and curates are they who for certain stipends assist such rectors and vicars , that have the care of more churches than one . ( . ) parson imparsonee , is he that as lawful incumbent is in actual possession of a church parochial , and with whom the church is full , be it presentative or impropriate b ; and seems also to be that person to whom the benefice is given in the patrons right ; for in some books persona impersonata is taken for the rector of a benefice presentative and not appropriated c : yet dyer saith , that a dean and chapter are persons imparsonees of a benefice appropriated to them d ; and in another place plainly sheweth . that persona impersonata is he that is inducted and in possession of a benefice e . so that persona seems to be termed impersonata , only in respect of the possession which he hath of the benefice or rectory , be it appropriate or otherwise by the act of another f . ( . ) the parson hath a right unto the possession of the church and glebe , having the freehold in himself , and may receive the profits , tithes , oblations , obventions , and offerings to his own use , without the patrons or ordinaries consent , who without his consent and agreement can do nothing during his incumbency to charge the church or his successors . and not only is the freehold of the church in the parson , but he hath also the right of the church-yard and glebe in him , whereof if he be put out of possession or disseised , he may have an assize g . or if he be ejected , he may have trespass ; and so may the vicar have against a stranger , if he be disseised of the church-yard , but not against the parson himself h . for the parson shall have an assize or an action of trespass , of such things as are annexed unto the church or glebe , or for cutting down of the trees , or doing of trespass in the church-yard or glebe , the right and interest thereof being in the parson i . but if the bells in the steeple , the ornaments of the church , or the like , be taken away , in that case the action doth not belong to the parson , but to the churchwardens k . notwithstanding the parsons right and interest as aforesaid , yet he cannot cut down the trees growing in the church-yard of his parish , save for the repair of the church l . or if a meer stranger cut them down , no suit can be thereon in the spiritual court for dammages ; for if suit be there commenced in that case for dammages , no consultation shall be m . nor can the parson have action for seats in the church taken away by a stranger , because they are not fixed to the freehold ; but the churchwarden may have action in that case n . ( . ) no man can be a parson until he be a priest in orders , which he cannot be until he hath attained the age of years ; consequently therefore he must be of that age ere he can be a parson o ; and is commonly called ( when inducted into a church ) the rector thereof , and shall be accounted proprietor of the tithe of the parish whereto the church belongs , if the contrary be not shewed p . a man that is guilty of some crime that is malum in se , as murther , perjury , forgery , or the like , though not convict thereof , yet if the truth thereof be certainly known to the ordinary , may be rejected by him from being p●rson of a church , if thereunto presented by the patron q : otherwise it is , in case he be guilty only of malum prohibitum , and not malum in se , as to play at unlawful games , to frequent taverns and alehouses , or the like r . also the son is by the canons rendred incapable of succeeding his father in his parsonage s ; and if a man presented to a living be not in orders , the bishop may refuse him , but not for want of a testimonial t ; for if any person shall be admitted , instituted , and inducted into any living before he is in holy orders , his admission , institution , and induction are void by the late act of uniformity u ; whereby his subscription , and thereof the bishops certificate , also his reading the articles of religion in the same parish-church on some sunday or the lord's-day ( tempore divinorum ) within two months next after his induction , the declaration of his unfeigned assent and consent thereunto , his reading the book of common prayer , or service appointed for the church that day , within two months next after his induction , with the declaration also of his assent and consent to all things therein contained , are required , otherwise the church becomes void , and the parson will be put to the proof of all the premisses , in case ●e sue the parishioner refusing to pay his tithe , if he shall insist thereon . the statute of el. cap. . ordained , that the articles agreed by the archbishop and bishops of both provinces , and all the clergy in the convocation held at london , &c. shall be read by the incumbent , otherwise he is ipso facto deprived . or admitting all these requisites have had their due performance , so that he is a compleat parson to all intents and purposes of law whatever , yet he may not under pretence of this or that custome extend the lines of his parsonage beyond its due limits or bounds , out of an avaricious design to advance the perquisites of his parsonage . ( . ) edward topsall clerk , parson of st. botolphs without aldersgate , london , and the churchwardens of the same , libelled in the ecclesiastical court against sir john ferrers ; and alledged , that there was a custome within the city of london , and specially within that parish , that if any person , being man or woman , die within that parish , and be carried out of the parish to be buried elsewhere , that in such case there ought to be paid to the parson of this parish , if he or she be buried elsewhere , in the chancel so much , and to the churchwardens so much , being the sums that they alledged were by custome payable unto them , for such as were buried in their own chancel ; and then alledging , that the wife of sir john ferrers died within the parish , and was carried away and buried in the chancel of another church , and so demanded of him the said sum. whereupon , for sir john ferrers a prohibition * was prayed by serjeant harris , and upon debate it was granted : for this custome is against reason , that he that is no parishioner , but may pass through the parish , or lie in an inne for a night , should ( if he then die ) be forced to be buried there , or to pay as if he were ; and so upon the matter to pay twice for his burial w . ( . ) the words parsonage , church , and rectory are frequently in the law used synonymously and promiscuously ; but the word advowson is another thing , and distinct from each of them : and as to some parsonages there are certain rents due and payable , so out of some parsonages or rectories there are issuing certain rents or pensions , which pensions are not suable at the common law , but in the ecclesiastical court , as was said in crocker and york's case against dormer , against whom they had a recovery in a writ of entry in the post , among other things of a yearly rent or pension of four marks , issuing out of the church or rectory of f. in which case it was agreed by clench and fenner , that a pension issuing out of a rectory is the same with the rent ; of which popham seemed to make some doubt ; for there being in that case a demand for rent in the disjunctive , viz. a rent or pension , he moved that the greatest difficulty in the case was the demand made in the disjunctive , viz. of an annual rent or pension ; for if a pension issuing out of a rectory shall be said to be a thing meerly spiritual , and not to be demanded by the common law , or meerly of another nature than the rent it self , with which it is there conjoyn'd by the word [ or , ] that then it is erroneous x . ( . ) b. brought an action of debt against w. upon an obligation of l. the condition was , that if w. resign a benefice upon request , that then the obligation should be void . and the condition was entered ; the defendant demurred , and judgment in b. r. pro querente . and upon error brought , judgment was affirmed in the exchequer ; for this obligation is not voidable by the statute of eliz. which makes obligations of the same force , as leases made by parsons of their glebes , viz. per non-residency : and it doth not appear by the plea of the defendant , that it was not an obligation bona fide , which might be lawful ; as if a patron which hath a son , which is not yet fit to be presented for default of age , and he present another with an agreement , that when his son come to the age of years he shall resign it , it is a good obligation . and this case , viz. an obligation with condition to resign had been adjudged good in the case of one jones , an. jac. and the counsel said , that he who is presented to a church is married thereto , and it is like as if a man who hath married a wife , should be bound to be divorced from her , or not cohabit with her , these conditions are void . but these resemble not our case y . ( . ) it was said in johnson's case , that if a parson leases his rectory for years , or parcel of his glebe , reserving a rent , and dies , if his successor accepts the rent , that acceptance does not make the lease good ; because by his death the franktenement is in abeyance , and in no man. and also a parson cannot discontinue : and by consequence , that that he did without livery , is determined by his death . and it is not like to the case of an abbot , prior , or tenant in tail z . ( . ) hendon moved for dr. clay , vicar of hallifax , that a prohibition might be granted to the high commissioners of york , for that , that these articles by one smith were exhibited against him , viz. . that he read the holy bible in an irreverent and undecent manner , to the scandal of the whole congregation . . that he did not do his duty in preaching ; but against his oath and the ecclesiastical canon , had neglected for sundry mornings to preach . . that he took the cups and other vessels of the church , consecrated to holy use , and employed them in his own house , and put barm in the cups , that they were so polluted , that the communicants of the parish were loath to drink out of them . . that he did not observe the last fast ( proclaimed upon the wednesday ) but on the thursday , because it was an holy-day . . that he retained one stepheson in one of the chappels of ease , who was a man of ill life and conversation , viz. an adulterer and a drunkard . . that he did not catechize according to the parish-canon : but only bought many of dr. wilkinson's catechisms ; for every of which he paid d. and sold them to the parishioners for d. without any examination or instruction for their benefit . and that he , when any commissions were directed to him , to compel any person in his parish to do penance , he exacted money of them , and so they were dismissed , without inflicting any penalty upon them , as their censure was . and that he and his servants used divers menaces to his parishioners , and that he abused himself , and disgraced his function by divers base labours , viz. he made mortar , having a leathern-apron before him , and he himself took a tithe-pigg out of the pigsty , and afterwards he himself gelded it . and when he had divers presents sent him , as by some flesh , by some fish , and by others ale , he did not spend it in the invitation of his friends and neighbours , or give it to the poor ; but sold the flesh to butchers , and the ale to ale-wives . and that he commanded his curate to marry a couple in a private house , without any license : and that he suffered divers to preach , which peradventure had not any license , and which were suspected persons , and of evil life . it was said by henden , that they cannot by the statute of eliz. cap. . meddle with such matters of such a nature , but only examine heresies , and not things of that nature ; and that the high commissioners at lambeth certified to them , that they could not proceed in such things , and advised them to dismiss it ; but they would not desist . and the judges ( richardson being absent ) granted a prohibition , if cause were not shewn to the contrary a . ( . ) a parson makes a lease for years , the patron and ordinary confirm his estate for years ; the parson dies : the question is , whether that confirmation made the lease good for years , or but years . and it seemed to hutton , that the lease was confirmed but for years . but richardson was of the contrary opinion , and took a difference , where they confirm the estate , and where they confirm the land for years ; that confirmation confirms all his estate : but where they confirm the lease for years , that confirmation shall not enure but according to the confirmation . and that difference was agreed by crook , and all the serjeants at the barr. and afterwards hutton said , that that was a good cause to be considered , and to be moved again b . ( . ) in a replevin : and the title was by lease made by a parson ; and the avowry was , that a. was seized of the rectory of h. and made the lease , without shewing that he was parson . and by the court , that that should have been a good exception , if it had not been said in the avowry moreover , that a. was seized in ju●e ecclesiae , which supplies all c . ( . ) during the time of the parson , the patron hath nothing to do in the church d . and therefore if the patron grant a rent by fine out of the church , the church being then full , and afterwards the incumbent dies , that charge shall not bind the successor , for that the parson and the ordinary were no parties to it e . ( . ) if a parson would resign , the word [ resignare ] is not it seems the only proper word in the law for resignation , but [ renunciare , cedere , & demittere ] are the usual words or terms of resignation f . yet if a prebend doth give , grant , yield , and confirm his prebendary and the possessions thereunto belonging unto the ordinary , to have and to hold to him and his successors in fee , subjecting and submitting to him omnia jura by reason thereof qualitercunque acquisita ; these words it seems are sufficient and amount to a resignation , albeit the proper words are not therein g : which resignation ought to be made to the immediate ordinary , and not to the mediate ; for which reason a prebend may not resign to the king , for that although he is supream ordinary , yet he is not the immediate ordinary , and he is not bound to give notice to the patron , as the ordinary ought , nor of himself can collate , but is to present to the ordinary h . ( . ) in trespass : the case was , ) the defendant being incumbent of the church of b. ( m. and g. having the donation thereof ) made an instrument , whereby concessit & resignavit to m. & omnibus ad quos in hac parte pertinet ad acceptandam ecclesiam suam de b ; and thereupon the two parties gave it to the plaintiff , who being disturbed by the defendant brought trespass . the question was , whether a resignation of a donative could be to the donor , or how it might be departed with . resolved ( ) that this being a donative , begun only by the foundation and erection of the donor ; he hath the sole visitation , and the ordinary hath nothing to do therewith ; and as the parson comes in by the donor , so he may restore it to him ; and although the presentee , when he is in , hath the freehold , yet he may revest it by his resignation , without any other ceremony , and the ordinary hath nothing to do with it : for admission and institution are not necessary in case of a donative . ( ) resolved , that the resignation to one of the parties is good , for it doth enure to both as a surrender shall do . ( ) resolved , that although the resignation was de ecclesia , yet it shall extend to all the possessions . ( . ) at a synod in ed. . a canon was made , that the parson of every church in england shall appoint the parish-clerk . and at another synod held in an. . a canon was made to the same effect ; and yet it doth not take away the custome where the parishioners or churchwardens have used to appoint the clerk , because that is temporal , which cannot be altered by a canon i . if the clerk of a parish in london hath used time out of mind to be chosen by the vestry , and afterwards admitted and sworn before the archdeacon , and he refuse to swear such clerk so elect , but admits another chosen by the parson : in this case a writ may be awarded , commanding him to swear the clerk chosen by the walpool's case . the like writ was granted for the clerk of the parish of st. fosters , london . mich. car. b. r. between orme and pemberton k . the parishioners of the parish of alphage in canterbury prescribed to have the nomination and election of their parish-clerk , and the parson of a parish by force of a canon , upon voidance of the place of the parish-clerk elected one to the office : the parishioners by force of their custome elected c. the parson , supposing this election to be irregular , for that it was against the canon , sued c. before dr. newman chancellor of canterbury , and the said c. was by sentence deprived of the clerkship of the parish , and another clerk of the parish admitted . c. moved for a prohibition , and had it granted by all the court ; for it was held , that a parish-clerk is a meer lay-man , and ought to be deprived by them that put him in , and no others ; and the canon which willeth that the parson shall have election of the parish-clerk , is meerly void to take away the custome , that any person had to elect him . vid. stat. h. . that a canon against common law , confounding the royal prerogative of the king , or law of god , is void ; and custome of the realm cannot be taken away but by act of parliament , vid. ed. . . and it was resolved , that if the parish-clerk misdemean himself in his office , or in the church , he may be sentenced for that in the ecclesiastical court to excommunication , but not to deprivation : and afterwards a prohibition was granted by all the court ; and held also , that a prohibition lieth as well after sentence , in this case as before . and in jermin's case , whereas the churchwardens and parishioners of k. surmized they had a custome to place a clerk there by the election of the vestry : the parson sued them in the ecclesiastical court , to have his clerk placed there , according to a late canon made : it was the opinion of the court , that it was a good custome , and that the canon could not take it away ; wherefore a prohibition was granted . ( . ) a bishop , archdeacon , parson , are spiritual corporations at the common law ; for the parson ( and this is meant also of the others ) hath two capacities l , the one to take to him and his heirs ; the other to him and his successors , and in that respect he is seized jure ecclesiae . if j. s. be parson of d. and land be granted to j. s. parson and his successors , and to j. s. clerk and his heirs , in this case he is tenant in common with himself m . ( . ) note , that it was agreed in bushie's case , that if a parsonage be impropriate , and the vicarage be endowed , and difference be between the parson and the vicar concerning the endowment , that shall be tried by the ordinary , for the persons and the cause are both spiritual : and there the vicar sues the parson for tithes , and suggests the manner of tithing , and prays a prohibition , and it was granted , and after upon solemn argument consultation was granted , insomuch that the manner of tithing did not come in question , but the endowment of the vicarage only ; for that is the elder brother , as the lord coke said : this was cited to be adjudged by coke . also there is much difference between prebends and parsons ; for it was adjudged in watkinson and man's case , that a lease made by a prebend is good by the statute of h. . for he is not excepted , but only parsons and vicars ; and so it was said it had been adjudged in doctor dale's case . ( . ) it will not be denied , but that the clergy of england have had in all ages certain priviledges , which the laity never pretended to : to which purpose there have been laws enacted , and cases ruled by persons learned in the laws . in an. h. . cap. . it is enacted , that the decayed bridges in every county , where it cannot be known who in right ought to repair the same , shall be repaired by the inhabitants of the said county , town corporate , or riding where the bridge is , by the assessment of the justices of peace , who may appoint collectors to levy the same by distress . now the question is , whether the parsons and the vicars may be charged by the general word of the inhabitants , and distress taken on their spiritual livings ? in order to a resolution of this question , it must be premised , that it is most evident , that the clergy are by the common law of this kingdom a divided estate both for their persons and spiritual promotions from the laity of this land. ( ) for their persons , fitz. n. b. fo . . that clerks shall not be chosen bayliffs or beadles for the lands in their possessions , although the land before it came to the hands of the clerk , was charged therewith by tenure . ( ) a clerk arraigned before a temporal judge for felony , may plead the jurisdiction of the court ; the clergy-men , by reason of their resiance , are not bound to the leet ; nor to follow hugh and cry. ( ) that their spiritual livings are also discharged from the general charge of this realms laity , appears by the register , fo . . & f. n. b. fo . . that spiritual persons shall not be charged to pay toll , pontage , or murage , but may discharge themselves by writ . also the sheriff , who by the law is the king 's general officer to serve processes in every county , may not intermeddle with the clergy in respect of their spiritual promotions , but return quod clericus est beneficiatus in episcoparu , non habet laicum foedum in baliva mea ; and then the process must be to the bishop , as appears h. . & h. . this priviledge is confirmed to them by magna charta , and divers grants and statutes , viz. articulis cleri , ed. . cap. . likewise no distress shall be taken in the ancient donations of the church . the like grant is made unto them by king ed. . . protestation . that the sheriff or minister of the king shall not meddle with the goods , chattels , or carriages of the clergy ; and in purveyors , . an. ed. . there is a statute , that purveyors shall not meddle with the clergy , &c. ed. . cap. . r. . cap. . h. . cap. . statute spiritualties . priviledges , grants , immunities of the clergy are confirmed . so that it appears both by the common law and the statutes , that the clergy are not to be burthened in the general charges with the laity of this realm , neither to be troubled or incumbred , unless they be especially named and expresly charged by some statute . and divers statutes heretofore expressing themselves with the like general words , have never been expounded to extend to the clergy , as by the usage of them appears by the statute of winton . an. eliz. . again , the people dwelling in a hundred where any robbery is committed , shall either bring forth the felon , or agree with him that is robbed , yet hath it never been taken , that parsons and vicars should be contributors thereunto ; yet the words [ gentes demorantes ] viz. the people dwelling , are as general words as [ inhabitants ] . in the same statute there are the like general words [ watching , &c. ] yet the clergy thereby are never charged . also the statute made for the high-ways , an. & . p. & m. chargeth every housholder ; yet this general [ housholder ] hath never been taken by usage to charge the clergy , viz. the parson or vicar . fitz. in his nat. bre. fol. . saith , that a clerk being bound in a statute-merchant , shall not be taken by his body : and the writ founded upon the statute-staple , ed. . cap. . hath this special proviso , si laicus sit , capias . also the statute whereupon this writ is founded , is general , and no exception made at the clergy . and h. . cap. . there is a statute that chargeth all resiants within any county● where there is no goal , to be taxed by the justices for the building of one , yet have the clergy never been charged by reason of these general words [ resiants , &c. ] ed. . ed. . . r. . . for these reasons it is supposed , that the general words in the aforesaid question will receive in law the like exposition , as the other said recited statutes have done ; and the parsons and vicars shall not thereby be charged , the rather for that the statute sets down the inhabitants of the county , where the certain persons that should do it , cannot be known , which is to be intended such inhabitants as are chargeable to pontage , which spiritual persons are not , but excepted , as aforesaid . chap. xviii . of vicars , vicarages , and benefices . . the vicar and vicarage described according to law. . what difference between vicarage and parsonage ; their several rights and interests respectively . . whether a vicarage endowed may be appropriated , and how ? . the chaplain of the vicar of hallifax his case for his salary . . vicars may sue in the ecclesiastical courts for pensions . . how a vicarage may be created . . the resolution of court touching the vicar's tithes , in reference to the parson's glebe . . cases in law touching the parsons and the vicar's tithes , where composition or prescription is in the case . . who is patron of the vicarage , whether the parson or the patron ? . in what case the vicar may sue in the ecclesiastical court for an addition or increase of maintenance . . in what case a vicarage shall determine ; and what shall be an union of parsonage and vicarage . . benefice how defined by the canon law , with the reasons of that definition . . benefices ecclesiastical extend to ecclesiastical dignities by the canon law , but not so within the statute of h. . . of what an ecclesiastical benefices consists according to the canonists . . cautionary laws relating to benefices ; by what marks or signs an ecclesiastical benefice is known at the canon law. . the common distinction of ecclesiastical benefices at the common law. . a case in law touching a vicarage , whether dissolved , or not ? . vicarages of two sorts , how compared to a commendam . ( . ) vicar is he who hath that spiritual living called a vicarage , being no other than a certain part or portion of a parsonage , allowed to the minister for his maintenance , introduced at that time when impropriations first began ; both which livings as they are commonly called the church : so both such as serve in them , are called the patron 's clerks . the vicar is usually appointed and allowed to serve the cure , by him who hath the impropriation of the parochial tithes ; for at the original of such impropriations a certain portion of the parsonage was allotted and set apart from the rest to maintain the vicar , who was to serve the cure a ; so that now the priest of a parochial church , where the predial tithes are impropriated , is called the vicar , h. e. vice rectoris . and it seems anciently they did sometimes style themselves perpetual vicars , because every vicarage , corporation-like , hath a constant succession . ( . ) a parsonage and a vicarage ( as appears in britton and wade's case ) are two distinct benefices , and both have curam animarum , the parson habitualiter , the vicar actualiter ; and although the vicarage be spiritual , yet the corporation is temporal , which the pope could not dissolve b : and in the case between parry and banks , it was resolved , that after the statute of h. . which made parsonages lay-fees , the ordinary could not dissolve a vicarage , when the parsonage is in a temporal hand ; for that were to destroy the cure c . vicarages being originally endowed out of parsonages , the vicar was to have aid of the parson , if he were impleaded for any thing touching the vicarage , and the parson was subject to every charge of the vicarage d . and anciently the vicar was not held as tenant of the freehold of the glebe of the vicarage e , but the freehold thereof was in the parson , and the vicar could not maintain an assize in his own name f . but now it seems the freehold of the glebe of the vicarage is in the vicar himself , and not in the parson , for that the possessions of the vicar and parson are severed , and each of them shall have several writs concerning their respective rights , and shall not joyn in one writ g : and the vicar shall have and maintain a writ of juris vtrum against the parson , who is the patron of the globe of the vicarage , for the same glebe h . this vicarage being a certain portion of a parsonage allowed to the vicar for his maintenance as aforesaid , is in some places a sum of money certain , in others a part of the tithes in kind , commonly the smaller tithes , and in some places a part of the great tithes also : and vicarage-lands occupied by the vicar , do in some places pay no tithe to the parson i . ( . ) in ward 's case it was said by mountague . that a vicarage endowed might be appropriated , but not to the parson , to which haughton and doderidge agreed , h. . fitz. tit . indicavit , is , that such a vicarage may be dissolved : an appropriation may be by the king sole where he is patron , but there is no book that it might be by the patron sole . grindon's case in plowden , and e. . . an appropriation cannot be without the king's license . in that case it was agreed , that tithe-lamb and wool was included within small tithes k , which tithe belongs to the vicar . ( . ) a chaplain that was under the vicar of hallifax , libells against him in the ecclesiastical court for his salary . and he prescribes , that the vicar ought to pay the chaplain four pounds a year ; and the vicar prays a prohibition , ( ) for that he alledges , that the chaplains were eligible by himself ; and because that chaplain was not elected by him , he is not chaplain ; but he is in of his own wrong , &c. ( ) that prescription for salary was triable at the common law. yelverton , the salary is spiritual as the cure it self is spiritual , for which it is to be paid . as the case in dyer , . pl . but a prohibition was granted , until it was determined to whom the election appertained ; and that now depends by prohibition in this court l . ( . ) g. vicar sues in the ecclesiastical court the dean and chapter of wells , parson of a church , for a pension , and they pray a prohibition , and it was denied ; for that pension is a spiritual thing , for which the vicar may sue in the spiritual court m . ( . ) the parson , patron , and ordinary may create a vicarage and endow it without the assent of the king ; but the ordinary cannot create a vicarage without the patrons assent . e. . quare impedit , . and in or during the vacancy , the patron of a parsonage and the ordinary may create a vicarage . r. . annuity . per belk . and before the statutes of dissolutions , a parson impropriate and the ordinary might create a vicarage , for the parson was parson and patron . ibid. n . ( . ) it was resolved per curiam , that if a vicar be endowed out of a parsonage of all the white tithes growing and renewing within the parish on all the land of the parish ; the vicar shall not therefore have the tithe of the parson's globe , for that is excepted ; nor the tithes of the land , which at the time of the endowment of the vicarage was parcel of the glebe , but since severed from the glebe , for that at the time of the endowment that land was exempted out of the endowment o . ( . ) if there be a composition made between the parson and the vicar , that the parson shall have all the tithe of corn and hay , and the vicar the other tithes , and afterwards the parishioners sow certain lands with saffron , or the like , the parson shall not have the tithe of the saffron , but the vicar . by coke so adjudged p . it hath als● been resolved , it a vicar be endowed of the small tithes by prescription , and afterwards the land which had been arable time out of mind , is converted from arable , and there grow small tithes , the vicar shall have them , for his endowment doth not go to the land , but minutis decimis in every place within the parish q . and if a vicar be endowed of the third part of all the tithes of a mannor , he shall have tithes as well of the freehold as copyhold , for all makes the mannor r . ( . ) the parson , and not the patron of the parsonage , of common right is patron of the vicarage , for that it is derived out of the parsonage . dubitatur e. . . b. contra , e. . quare impedii , . per pass . and if a parson appropriate create a vicarage , he shall be patron thereof . e. . . he is both parson and patron s . so likewise if there be a vicar and a parson appropriate , the ordinary and the parson appropriate may in time of vacation of the vicarage re-unite the vicarage to the parsonage t . ( . ) if there be a parsonage appropriate in an ecclesiastical person , which never came to the king by the statute of monasteries , and a vicarage endowed be there also ; and the parson make a lease of the parsonage for lives , according to the statute of h. . the vicar may in that case sue in the ecclesiastical court against the parson and his lessee , who comes in by the statute for addition of maintenance , and the ordinary may well compel them to increase his maintenance , for over all appropriations such power of increasing the vicar's maintenance was reserved to the ordinary , and the lessee comes in subject to that charge u . ( . ) if the vicarage be diminished , he shall have more of the parsonage , if what remains be not sufficient . and if the parsonage be impoverished and so decayed , that the parsonage by it self , nor the vicarage , have sufficient to sustain them , in that case the vicarage shall determine and be restored to the parsonage : and to this the doctors also do accord w . it hath been also held , if a parson appropriate , who is patron of the vicarage of the same church , by agreement between him and the ordinary , present the vicar to that parsonage , it is an union of the parsonage and vicarage ; but if a lessee of a parsonage present the vicar to the parsonage , that shall not bind the lessor x . and if there be a vicarage and parsonage ( and both void ) and one present his clerk as parson , and he is so inducted ; that shall unite the parsonage and vicarage again y . and in case that there be a vicar endowed who is presentative , and also a parson presentative , it seems that the parson hath not the cure of souls , but the vicar z . ( . ) benefice [ beneficium ] according to a general acceptation may comprehend all ecclesiastical livings , be they dignities or other , as in the statute of r. . where they are divided into elective and donative a : but according to a more strict and proper acceptation , duarenus seems to give it an apt definition , where he says , it is res ecclesiastica , quae sacerdoti vel clerico , ob sacrum ministerium utenda , in perpetuum concedatur b . [ res ] because it is not the ministry it self or the office , but rather the profit thence arising that is the benefice . [ ecclesiastica ] because such profit is dedicated to god and his church . [ sacerdoti , &c. ] because where a thing ecclesiastical is granted to lay-men , it is not properly said to be a benefice in this sense . [ ob sacrum ministerium ] because as dedicated to god , they are for the use of such as wait on his altar . [ vtenda ] because they have rather the usuf●uit thereof , than any fee or inheritance therein . [ in perpetuum ] because they are annexed to the church for ever . benefices with cure of souls seem most properly to be the parsonages and vicarages of parochial churches . sir h. hobart chief justice , in colt and glover's case against the bishop of coventry and lichfield , says , ( speaking of the statute of h. . cap. . ) that bishopricks are not within the law under the word [ benefices ] : so that if a parson take a bishoprick , it avoids not the benefice by force of that law of pluralities , but by the ancient common law , as it is holden , h. . . ( . ) this word beneficium ecclesiasticum extendeth not only to churches parochial and the benefices thereof , but also to dignities and other ecclesiastical promotions ; as to deanaries , archdeaconries , prebends , &c. c . lindw . de vit . & hon . cle. c. exterior . sir edw. coke affirms , that it appears in the books of their law d , that deanaries , archdeaconries , prebends , &c. are benefices with cure of souls ; but they are not comprehended under the name of benefices with cure of souls within the statute of h. . by reason of a special proviso ; which they had been , if no such proviso had been added † , viz. deans , archdeacons , chancellors , treasurers , chaunters , prebends , or a parson where there is a vicar endowed e . ( . ) the canonists do hold , that an ecclesiastical benefice consists of the sacred function , and of the provinces thereunto belonging f ; it is a distinct portion of ecclesiastical rights joyned to the spiritual function , and until it be set apart , separate , and distinguished from temporal interests , it is not properly an ecclesiastical benefice ; it is termed a portion , in that it includes fruits , for a benefice without fruits cannot properly be so called . ( . ) by the jus commune no man can at once and at the same time possess two benefices with cure of souls , as incompatible . tot. decis . rotae . tit . de praeb . in novis . non datur beneficium nisi propter officium , he that performs not the one , ought to be deprived of the other . c. fin . de rescript . in . can. eos . cano. si quis sacerdotum . distinct . all p●cuniary contracts , all mercenary trading and merchandizing for benefices is to be abhorred ; ecclesiastical benefices are of such a spiritual constitution , that they are not capable of being bought or sold ; they fall not within the walk of human commerce , but ought to be conferr'd gratis . and for non-residence the parson ought by the very letter of the law to be deprived of his benefice and the fruits thereof . c. vni . de cleric . non residen . in . panormitan observes six signs whereby an ecclesiastical benefice may be known : as ( ) that according to the jus commune it ought to be bestowed by one who hath a right and power in him so to do , meaning the true patron . ( ) that he who doth give or bestow it , do reserve nothing thereof or therein for himself , directly or indirectly . ( ) that it be given purely as a provision and maintenance for the clerk. ( ) that it hath ever something of spiritualty annex'd to it . ( ) that in its nature it be perpetual . ( ) that all manner of contracts and bargains concerning it be utterly rejected . panorm . consil . . anchor . de regul . prim . de reg . jur . in . q. & decius in rub. de rescript . ( . ) whatever is enjoyed as a benefice , is had and obtained either by way of title , or canonical institution : lindw . de cohabit . cle. & mulier . c. ut clericalis . verb. beneficiati . ecclesiastical benefices being commonly distinguish'd into presentatives and donatives ; for a parochial church may be donative , and exempt from all ordinaries jurisdiction . for if the king doth found a church or chappel , he may exempt the same from the ordinaries jurisdiction ; in which case the lord chancellor and lord keeper shall visit the same . e. . excommeng . . e. . . parsons law , cap. . or if the king by his letters patents doth license a common person to found a church or chappel , exempt from the ordinaries jurisdiction , the same shall be visited by the founder , and not by the ordinary : h. . . per keble , ass . . f. n. b. . acc . and if such clerk donative be disturbed in his incumbency , the patron or founder shall have a quare impedit praesentare , and declare upon the special matter . but if a patron of a church donative doth once present unto the ordinary , and his clerk be admitted and instituted , it is now become presentable , and it shall never be donative after , and then the ordinary shall visit the same , a proxie shall be paid , and lapse shall incur to the ordinary , as in all other benefices presentable g ; but so long as it remains donative , it is without the jurisdiction of the ordinary . for a donative is a benefice meerly given and collated by the patron to a man without either presentation to , or institution by the ordinary , or induction by his order h . all bishopricks were anciently donative by the king i : and it is said , that there are certain chauntries , which may be given by letters patents k . the original donatives in england is supposed to be from what mr. guinn mentions in the preface of his readings , viz. that as the king might anciently found a free chappel and exempt it from the diocesan's jurisdiction : so he might also by his letters patents license a common person to found such a chappel , and to ordain that it shall be donative and not presentable , and that the chaplain shall be deprivable by the founder and his heirs , and not by the bishop l . whether such donatives are properly benefices ecclesiastical may well admit of an enquiry ; for where petr. gregorius speaks of chappels founded by lay-men , not approved by the diocesan , nor by him as it were spiritualiz'd , he there says plainly , that they are not accounted benefices , nor can they be conferr'd by the bishop ; but the founders and their heirs may give such chappels , if they so please , without the bishop : petr. gregor . de benefic . cap. . nu . . & guid. pap. decis . . and lindwood makes a very prolix question on the same reason , whether st. martins le grand lond. be ecclesiasticum beneficium , or not , arguing it pro and con , but concludes in the affirmative . lindw . de cohab. cler. & mul. cap. ut clericalis . ( . ) the prior of d. was seized of the advowson of the church of n. appropriated to his priory , and also of the vicarage of n. endowed with small tithes : the appropriation and endowment were both in the time of king john , and continued till the time of hen. . when the pope granted by his bulls , that the prior should appoint one of his monks to officiate the cure , who should be removed ad nutum prioris : the point was , whether the vicarage was dissolved ? resolved ( ) that a vicarage perpetual could not be dissolved after the statute of h. . and that the pope could not make any ordinance against that statute , nor dispence by his bulls with the law , though they tend in ordine ad spiritualia . ( ) there were no words that amount to a dissolution , but the words only are , that the vicar should be ad nutum prioris . ( ) the parsonage and vicarage are two distinct benefices , and both have curam animarum , the parson habitualiter , and the vicar actualiter ; and although the vicarage be spiritual , yet the corporation is temporal , which the pope cannot dissolve . ( ) that in this case the vicarage was not dissolved : vid. jac. in the exchequer , parry and bank's case accordingly , there vouched . ( . ) in the canon law there are two sorts of vicarages , viz. vicaria temporalis and vicaria perpetua ; ; the vicaria temporalis is compared to the commenda temporalis , for that such temporal vicar non habet titulum , sed servit alieno nomine , & proprie curam non habet : otherwise it is de vicaris perpetua , quae est incompatibilis cum alio beneficio , & habet curam animarum , & talis vicarius habet titulum canonicum ; and a quare impedit lies against such perpetual vicarage . f. n. b. . h. regist . . a. and such a vicar shall have a juris vtrum of lands annext or given to him in perpetuity , by the statute of ed. . cap. . vid. ed. . . b. where finchden said , that although it had been held , that a vicar should not have action of his possessions against any person , yet that now the law is changed in that point ; and good reason , when he is endowed to him and his successors in perpetuity . chap. xix . of advowsons . . advowson , what ; and why so called . . advowsons twofold . . the great antiquity of advowsons ; the original thereof . . how it was in this kingdom under the saxons . . the word advowson applicable to other ecclesiastical foundations , as well as churches ; what the famous lindwood was . . advowsons are temporal , not spiritual inheritances . . reasons in law , proving it to be a temporal inheritance . . the difference between advowsons in gross and appendant . . how advowson appendant may remain in the king as in gross . . by what words in a grant an advowson may pass or not . . how an advowson may be recontinued to the rightful patron , where he was ousted by vsurpation . . a case in law touching three avoydances of a church granted to one man. . a question in law , whether upon such matter of fact an advowson remains appendant , or not ? . advowsons are devisable by will , as well as grantable by deed ; what actions may run in prejudice to the advowson , or not . . whether an advowson may be assets ; and under what words it may pass , or not ? . a case in law touching the advowson of a vicarage . . in what case the writ of right of advowson lies , or not . . in what case the crown shall be put to that writ , or not , in case of vsurpation by a common person . . a point in law , whether the king or his grantee shall have the presentation , where the king having a mannor with the advowson appendant , the church void , grants the mannor with the advowson . . of advowsons there are three original writs at the common law. . the advowson of a vicarage , whether it belongs to the patron or the parson . . whether an advowson may properly be said to be a demesn ; several matters of law in reference to advowsons appendant and in gross , in respect of the king and common persons . ▪ whether a donative in the kings gift may be the cure of soul ? . whether by the grant of a vicarage the advowson of the vicarage shall pass ; the grant of a next avoydance during an avoydance , is void . ( . ) advowson is a kind of reversionary right of presentation to an ecclesiastical benefice in a man and his heirs for ever . it is the same which the canon law understands by jus patronatus , or the right which a man and his heirs have to present their clerk to the ordinary , for a parsonage or other spiritual benefice when it becomes void ; and he in whom such right resides , is called the patron a . jus patronatus est potestas praesentandi aliquem instituendum ad beneficium ecclesiae simplex & vacans . hostiens . de jure patronat . jus patronatus est jus honorificum , onerosum , & vtile . it is a right to present to the bishop or ordinary a fit person , by him to be admitted and instituted into a spiritual benefice when it becomes void . the unlawful possessor is the usurper , against whom only lieth three writs ; one of the right , as the writ of right of advowson ; and the other two of the possession , as a quare impedit , and darrein presentment . and the incumbent , as to his right for his rectory , hath the writ of juris vtrum . and advowson is not haereditas corporata , as a messuage , land , or pasture , &c. but it is haereditas incorporata ; as wayes , common , piscaries , courts , &c. which are and may be appendant to inheritances corporate . advowson is a kind of bastard-french word , sometimes called advocatio ecclesiae , either because the patron thereof , claiming his j●s patronatus therein , advocat se in his own right unto the same , eamque esse sui quasi clientis loco , or rather because the patron in his own right advocat alium to the church being vacant , and presents him unto it loco alterius , veluti defuncti b . thence called sometimes patron , sometimes advocati ; for they who originally obtained a right to present to any church , were either the founders , or builders , or benefactors of the same . decretal . c. . & . de jure patronat . & plow . . dy. . co. . . . . . . litt. , . patronum faciunt dos , aedificatio , fundus . and although advowsons are now , as other temporal inheritances , grantable by deed , and so in that respect cognizable at the common law ; yet inasmuch as they are the same which the canon law calls jus patronatus , it cannot be denied , but that they are within the ecclesiastical jurisdiction ; and therefore although the patron may have his action against the ordinary in a temporal court by a quare impedit for rejecting his clerk , yet the ordinary may decree a process de jure patronatus in the case , to enquire by a mixt jury of ecclesiastical and lay-men touching the said advowson or right of patronage according to the laws and customes of the church . ( . ) there is an usual difference taken , between advocatio medietatis ecclesiae , and medietas advocationis ecclesiae : the former is where two patrons be , and every of them having right to present a several incumbent to the bishop , to be admitted into one and the same church , ( for divers may be several parsons , and have cure of souls in one parish ) and such advowson is alike in every of these patrons , but every of their presentments is to the moity of the same church ; and therefore it is called advocatio medietatis ecclesiae , or as the case may be , advocatio tertiae partis ecclesiae , and the like . the latter , viz. medietas advocationis ecclesiae , is after partition between parceners ; for although the advowson be entire , amongst them , yet any of them being disturbed to present at his turn , shall have the writ of medietate , or of tertia , or of quarta parte advocationis ecclesiae , as the case is ▪ and this difference is taken and observed only in the writ of right , which is altogether grounded upon the right of patronage . but in the quare impedit , which is only to recover dammages , no such diversity is considered , but the writ is general , praesentare ad ecclesiam . doderidge , of advowsons , lect. . of advowsons there are two sorts , the one that in gross , which is sole or principal , not adhering or belonging to any mannor , or to any part or parcel thereof , as of the right thereof : the other appendant or dependant , or depending on a mannor , as appertaining or belonging thereto , which is by kitchin termed an incident that may be separated from the subject . again , sometimes the word advowé or avowé is also used for him who hath a right in his own name to present to a benefice or other ecclesiastical living , where you have also ( advowe paramount ) or the highest patron , an appellation peculiar to the king. so that this advocatus is he to whom such jus advocationis alicujus ecclesiae belongeth , as that he may present to the church in his own , but not in anothers name c . and fitzherbert useth it in the same signification d . ( . ) consonant to the practice at this day touching advowsons , was the emperour's novell , decreed about years since , towards the end of the fifth century , to this purpose , that if any man shall erect an oratory , and his desire be to present a clerk thereunto , by himself or his heirs ; if they furnish the clerk with a competency , and nominate to the bishop such as are worthy , they may be ordained : but if those who are intimated by them be rejected by the canons , as unworthy of the ministry , then let it be the care of the most reverend diocesan of the place , to present such as in his discretion he shall conceive better of e . and panormitan clearly interprets the emperour's mind herein , and gives us the very meaning and original of the patron 's right in this point of advowsons ; he says , that this is jus honorificum , onerosum , & utile , belonging to any in the church , for that with the diocesans consent he hath founded , built , and endowed a church , he hath given a piece of ground ▪ c. nobis , c. de jur . patronat . and erected a church thereon , . q. . c. monasterium . and endowed it , c. piae mentis , ibid. and was therefore qualified with the right of patronage . and indeed the diocesans consent herein is so requisite , that by the canon law it seems scarce feazable for a man to be a patron without it , si quis ecclesiam cum assensu dioecesani construxit , ex eo jus patronatus acquirit . clement . c. nobis de jur. patron . and when a church so erected is by the consecration thereof actually delivered up and made over ( as it were ) to god himself , it thenceforth ceases to be of any mans property , or of any human dominion ; for quod divini juris est , id nullius est in bonis : § . nullius , inst . de rer. divis . and by what is recorded in the life of bishop vlrick , it should seem as if the right of presentation originally were in the diocesan ; for the author there saith , that if any erected a church the bishop consented , si legitimam ecclesiae dotem in manum ejus celsitudinis dare non differret , &c. and after the endowment and consecration thereof , the care of the altar was committed by him to the priest , and the advowson firmly conveyed to the lawful heir , by the putting on a robe : author . vitae ▪ udalrici , c. . p. . edit . august . vindel. . but the bishops understanding this as a matter more of care than of power , as appears by these moderate expressions of nominare , praesentare , or commendare , they were willing the lay-patron ( for his better encouragement to such pious works ) should share with them in this priviledge , which panormitan calls jus ●onorificum , yet so , as that this transference of the bishops unto lay-patrons , should still remain under such a limitation , as that it should be necessary for the patron to have recourse to the bishop for the qualifying his clerk for the rectory by ordination ; and the bishop's prudent compliance with lay-patrons in this matter was not in those days without good reason , if we consider what a paucity of publick churches there then were , insomuch that for want or instead thereof they frequently then said prayers under a cross in the open field , as is reported of our own ancestors in the peregrination of wilibald , sic mos est saxonicae gentis , &c. non ecclesiam sed sanctae crucis signum , &c. diurnae orationis sedulitatem solent habere . hodaeperic . hierosolym . wilibald . extat ad canisium , tom. . antiq. lect. par . . pag. . edit , ingolst . . yea , and where perhaps some churches were , many of them were no better than those mentioned by asser bishop of shirburne in king alured's daies , which were of so mean a structure , that frequently the wind entering per parietum rimulas , did blow out the candles set before the reliques ; which gave occasion to that ingenious prince to teach us by his dexterity the mystery of making lanthorns ex lignis & bovinis cornibus . ( . ) in the infancy of the christian faith in this island under the saxons , several particular lords of grand seignories ( regis ad exemplum ) erected particular churches , and having endowed them with lands , reserved to themselves and their successors for ever a right and power to confer them on such as were meetly qualified for the same ; and this they did in imitation of those kings , who then reigning here , erected cathedrals , abbies , priories , churches , &c. f . ( . ) an advowson , being a right of presentation ( as aforesaid ) reserved by a founder to himself , his heirs and successors , is applicable to other ecclesiastical foundations , as well as those of churches , as appears by the several quare impedits brought on several occasions g : so that albeit it hath been said , that by the grant of a church the advowson passed h , and when he gave the one , he gave the other ; yet is the word advowson not improperly applicable to any thing wherein a quare impedit will lie . and he in whose right such presentation is rested , is by the provincial constitutions of this realm termed advocatus ecclesiae , because ( as the constitution hath it ) tueri & defenders ecclesiam & ejus jura tenetur , ad instar advocati qui in judicio causam alicujus defendit . lindw . provin . const . de foro comp. cap. circumspecte , ver . advocatus . which every patron is obliged to do ; whence patronus and advocatus ecclesiae are in effect synonymous ; yet in lindwood we have the question put , whether there be any difference inter patronum & advocatum ecclesiae . lindw . const . prov. de homicidio , cap. sacri , gloss . ibid. where though the prevailing opinion be for the negative , yet you will also there find very orthodox authority for the contrary , and that advocatus intelligitur non pro patrono , sed pro defensore ecclesiae : gloss . ibid. as appears there by lindwood that famous canonist totius orbis britannici , who being doctor of laws , chaplain and official to the archbishop of canterbury in the time of h. . was by reason of his great experience and abilities in national laws as well as provincial constitutions , sent as his embassador to the crowns of spain and portugal ; and at his return about an. . compiled what now is extant to his immortal memory , and dedicating the same to the said archbishop , it was after about an. ( being first revised by wolfgangus hopylius ) printed at paris , at the cost and charges of william bretton merchant of london . mention hereof is here made , in regard of the plentiful use here made of this eminent author in this ecclesiastical abridgment , and that rather in the midst of this subject touching advowsons , as presuming , that for the reason aforesaid a quare impedit will not lie in the case of this digression . ( . ) the right of patronage is , it seems by the common law , a real right fixed or vested in the patron or founder in the church , wherein he hath as absolute a property and ownership as any man hath to his lands and tenements , or any freehold whatever i : and that the advowson or patrons right to present is a temporal and not a spiritual inheritance . for at the first creation of a mannor , if lands were given to erect a church thereon , the advowson thereof became appendant to that mannor , and reputed as parcel thereof , which being temporal , the other became so also , as an accessary to the principal ; for which reason such an advowson passeth by the grant of the mannor cum pertinentiis k . yea , it hath been adjudged , that by the grant of a mannor , without making any mention of the advowson , the advowson also passed , because it was parcel of , and appendant to the mannor l . and it hath been ever held , that by the common law an advowson is a temporal inheritance , for that it lieth in tenure , and may be holden either of the king , or of a common person ; and hath been held of the king in capite , or in knights service m . and were a quare impedit hath been brought , the plaintiff hath counted , that the defendant held the advowson of him by homage and fealty n . and it hath been agreed , that an advowson doth lie in tenure , and that the lord may distrain in the glebe-lands for rents and services , the patron 's cattel , if any be there found upon the land , but not the cattel of a stranger o . ( . ) other reasons , it seems , there are at the common law , which prove , that an advowson is a temporal inheritance ; for that a writ of right of advowson lieth for him , who hath an estate in an advowson in fee-simmple , or right of an estate therein to him and his heirs in fee-simple . which writ being quod clamat tenere de te p , doth suppose a tenure , and lieth not only for the whole advowson , but also for some part thereof . as also because a praecipe quodreddat lieth for it , as hath been adjudged q . as also that a common recovery may be suffered of an advowson , as hath been likewise adjudged r . as also because an advowson , as other temporal inheritances , may be forfeited by attainder of treason or felony , or lost by usurpation , six months plenarty , recusancy , outlawry , negligence or lacks of presentment , translation , or cesser , and given away in mortmain s . as also for that the wife shall be endowed thereof , and have the third presentment ; and the husband shall be tenant thereof by the courtesie ; also it is successively devisable among coparceners , that the priority of presentment shall be in the eldest sister ; likewise it may pass by way of exchange for other temporal inheritance ; and albeit during the vacancy of the church it be not in it self valuable , yet otherwise it is as to an incumbent ; and by grat of all lands and tenements an advowson doth pass , if not by livery , yet by deed is transferable as other temporal inheritances t , and pass with the mannors whereunto they are appendant by prescription , unless there were before a severance by grant , deed , partition , or other legal act u ; which prescription is so requisite to appendancy , as without which it cannot well be at all x . ( . ) an advowson in gross is understood as under a more beneficial qualification , than that which is appendant ; and that which is appendant , may by severance become an advowson in gross : and therefore in the case , where a man being seized of a mannor whereto an advowson was appendant , and by deed granting one acre belonging to that mannor unà cum advocatione ecclesiae , did further by the same deed give and grant the said advowson ; the question was , whether the advowson did pass as appendant to the acre , or as an advowson in gross ? and the better opinion was , that by that grant the advowson was severed from the mannor , and was become in gross ; for that the deed shall be taken most beneficial for the grantee to have the advowson in gross , and not as appendant to the acre . but in that case it was agreed , if the whole mannor had been granted , then the advowson had passed as appendant , and not in gross y . yet an advowson appendant to a mannor , descending to divers coparceners , making partition of such mannor without mentioning the advowson , remains appendant notwithstanding such division and severance from the mannor z : yea , although the mannor of d. to which an advowson is appendant , be granted , and by the same deed the advowson also of the church of d. so , as it is named no otherwise than in gross , yet it shall thereby pass only as appendant a . ( . ) if the king makes a lease for life of a mannor , to which an advowson is appendant , without making any mention of the advowson , the advowson remains in the king as in gross ; as was granted by the justices : and it was said by them , that in such case by grant of the reversion , habendum the reversion with the advowson , the advowson passeth not to the patentee , for that the advowson was severed , and became in gross as to the fee b . and in another case , where it was found before commissioners , that a. was seized of a mannor , to which an advowson was appendant , and that he was a recusant convict ; whereupon two parts of the mannor were seized into the kings hands , who leased the mannor , with appurtenances , and all profits and commodities , and hereditaments to the same belonging , unto j. s. for years , if a , &c. and afterwards the church became void . in this case it was held , that albeit there was no mention in the seizure of the advowson , yet the presentment belonged to the king , and that the king alone should present . secondly , that there were no words in the kings grant to j. s. to carry away the advowson from the king , and that notwithstanding that grant , the advowson remained still appendant to the mannor c . ( . ) by words implying meerly matter of profit or things gainful , as cum omnibus commoditatibus , emolumentis , proficuis , advantagiis , and the like , an advowson will not pass , because it is contrary to the nature of an advowson regularly ; and therefore the advowson of a vicarage appendant to a prebend , passed not by a lease with such words of several parts of the prebend to which such advowson was appendant d . not will an advowson appurtenant to a mannor , pass by the grant of an acre of land parcel of that mannor cum pertinentiis ; otherwise , if the grant be of the mannor it self cum pertinentiis e . yet in a case where the king being seized of a mannor to which an advowson was appendant , granted the mannor to j. s. for life , and then granted the mannor to j. d. after the death of j. s. habendum cum advocatione , and then by parliament the king reciting both the grants , confirmed them by parliament : yet it was adjudged in that case , that the advowson did not pass f . nor will an advowson ( if once appendant ) pass without special words of grant thereof , which may not be strained in the construction thereof to an unusual or unreasonable sense , for which reason an appropriation will not pass by the name of an advowson ; but ( as aforesaid ) an advowson of a vicarage may be appendant to a prebend ; all which hath been resolved in the fore-cited case g . and if tenant in tail be of a mannor to which an advowson is appendant , the church being full , and he grants proximam advocatione , and then dies ; by his death the grant becomes meerly void , as was also resolved in walter and bould's case h . in a quare impedit , the case was between the chancellor and scholars of oxford , and the bishop of norwich , and others . the plaintiff counted upon the statute of jac. that j. s. being owner of an advowson , jac. was a recufant convict , and that afterwards the church became void , and so they by the statute ought to present . one of the defendants pleaded , that the advowson was appendant to a mannor , and that two parts of the mannor were seized into the kings hands by process out of the exchequer , and that the king by his letters patents granted the two parts to the defendant with the appurtenances , and granted also all hereditaments ( but advowsons were not mentioned in the letters patents ) and so said , the presentation did belong to the defendant : it was resolved , that the advowson did not pass by the word [ appurtenances ] without mention of advowson or words adeo plena & integra , & in tam amplo modo & forma ; as the recusant had the mannor . ( . ) in case a patron be outlawed , and the church becoming void a stranger doth usurp , and presents his clerk to the avoidance , and six months pass , and afterwards the king , being entitled to the avoidance by reason of the outlawry , bring a quare impedit against the incumbent as being in wrongfully , and remove him : by this means the advowson is recontinued again to the rightful patron , whereof he was ousted by the usurpation , who upon the reversal of the outlawry shall present , in case the church becomes void again i . ( . ) a man hath three avoidances granted him of one church at one time and by one deed ; the church becomes void ; the grantor by usurpation presents his clerk , who is admitted , instituted , and inducted , afterwards the church becomes void again . in that case the grantee shall present to the second avoidance , for that the former presentation made by the grantor usurping , did not put the grantee out of all the avoidances ; and adjudged accordingly k . ( . ) a. seized of a mannor with an advowson appendant , presented b. who was admitted , instituted , and inducted ; afterwards a. fells the mannor to which the advowson was appendant , unto j. s. the church becomes void by the death of b. whereupon the queen feb. . present j. d. by these words , viz. per mortem naturalem incumbeatis ibid. vacant . who thereupon th of the said feb. was admitted , instituted , and inducted by letters of institution , per dominam reginam veram & indubitatam patronam . the said j. d. dies : the king presents r. in these words , viz. ad nostram praesentationem sive ex pleno jure , sive per lapsum temporis , sive alio quocunque modo spectant . the only question was , whether , notwithstanding all this matter , the advowson did remain appendant or not ? and it was adjudged by the court , that the advowson remained appendant , notwithstanding the queens presentation of j. d. for it appeared , there was no colour of title to the queen to present ; no lapse , for the presentation , institution , &c. were all in the same month , wherein the advoidance was : and it was no usurpation by the queen , because the presentation supposed a right where none was , and so was void ; for the queen meant to do no wrong : and upon the same reason the presentation of r. afterwards by the king was void . and it was then further holden by the court , that the presentation of j. d. being void , it was but a collation of the bishop , which makes no disappendancy , nor so much as a plenarty against the rightful patron , but that he may bring his quare impedit when he will ; and if the bishop receive his clerk , the other is out ipso facto l . ( . ) although an advowson be a kind of reversion of a right of presentation to a living or benefice called spiritual , yet it is now in the nature of other temporal inheritances ; and therefore he that hath this right in him , may either devise it by will , or grant it by deed , in fee , or for life , or for years , as other things m . and in regard an advowson or jus patronatus refers to and respects not the oblations and tithes belonging to the church , but rather the building thereof , with the ground whereon it is built , and the endowment thereof ; if therefore any debate or controversie should happen to arise touching any of these last mentioned , it might prejudice the patron as to his right to the advowson ; but if the controversie be only touching the other , viz. the oblations or tithes , whether great or small , the jus patronatus will remain good and entire to the patron notwithstanding such controversie , provided the suit doth not extend and be for a fourth part of the whole belonging to the church , lindw . de foro comp. cap. circumspecte , verb. item si rector , & gl . ibid. verb. quarta pars . and he to whom the right of advowson of any church appertains , is termed avowè for distinctions sake , to discriminate him from those who sometime present in the name of another , as a guardian that presents in the name of his minor : as also to difference him from such as have only for term of their lives , or of years , or by intrusion or disseisin , the lands to which an advowson appertains ; the avowè , properly and strictly taken , being only he who may present in his own right and in his own name n . ( . ) it hath been adjudg'd , that an advowson belonging to a prebend will not pass by a lease thereof , albeit it hath in it these words , viz. commodities , emoluments , profits and advantages ; because all these four words being of one sense and nature , imply things gainful , which is contrary to the nature of an advowson regularly , as aforesaid ; yet an advowson may be yielded in value upon a voucher , and may be assets in the hand of an executor o ; and in the foresaid case of london vers . &c. it is said , that an appropriation , nor the advowson of it , will not pass by the name of an advowson , yet an advowson will be contained under the name of a tenement p . and where the king granted that monks should have all their possessions of the abbey in the vacation for their sustentation ; ruled , that they should not have the advowsons , because no sustentation arose from them q ; nor will an advowson , though it be appendant , pass in the kings grant , without special words r ; yet in the case of a recusant convict , to whose lands an advowson is appendant , the seizure of two parts of his land for the king is a seizure by consequence of two parts of the advowson , without mention of it s ; and if the king have but two parts of an advowson , yet he shall present alone , for no subject can be tenant in common with the king ; who ( though he be no party to a quare impedit ) yet if his title appear clear for him against both parties , shall have a writ awarded for him to the bishop t . or if the king joyn issue in a quare impedit , which is not found fully for him , yet if a title do any way appear , the court must award a writ to the bishop for him u . ( . ) a. brought quare impedit against d. the plaintiff counted that the defendant had disturbed him to present ad vicariam de d. and shewed , that the queen was seized of the rectory of d. and of the advowson of the vicarage of d. and by her letters patents gave unto the plaintiff rectoriam praedictam cum pertinentiis , & etiam vicariam ecclesiae praedict . and it was holden by the whole court , that the advowson of the vicarage by these words doth not pass ; nor so in the case of a common person , much less in the case of the king : but if the queen had granted ecclesiam suam of d. then , by walmsley justice , the advowson of the vicarage had passed x . ( . ) although he , who after the death of a parson incumbent hath right of presentation in him , doth not upon a disturbance bring a quare impedit not darrein presentment , but suffereth a stranger to usurp upon him ; yet he may have a writ of right of advowson ; but this writ lieth not for him , unless he claim to have the advowson to him and his heirs in fee-simple y ; which advowson is valuable , though the presentment be not z . ( . ) the queen seized of an advowson being void , the ancestor of p. presented , and so gained it by usurpation , and then the church being void he presented again , his clerk dies , and then the queen grants the advowson to y. the plaintiff , who brings a quare impedit in the queens name , supposing that this usurpation did not put the queen out of possession : it was argued , that the grant could not pass without special words , because it is in the nature of a chose in action : and dyer , mead , and windham held , that this usurpation did gain possession out of the queen , and that she should be put to her writ of right of advowson ; but the opinion of anderson cheif justice was clearly , that the queen was not out of possession ; for he said , that it was a rule in our books , that of a thing which is of inheritance , the act of a common person will not put the queen out of possession : but if she had only a chattel , as the next advowson , then perhaps it is otherwise . but mead and windham very earnestly held the contrary , relying on the book of e. . where shard said , that if the king had an advowson in his own right , and a stranger , who had no right , happen to present , it puts the king out of possession . and the king shall be put to his writ of right , as others shall a . the defendant alledged two presentations in his ancestor after the title of the king , and demanded judgment if the king should have a writ of possession , and the plea was admitted to be good . but after pasch . eliz. judgment was given for the queen , for that she might very well maintain a quare impedit , and the two presentments did not put her out of possession b . ( . ) in a quare impedit by g. against the bishop of l. and d. incumbent : the case was , that a mannor with the advowson appendant was in the hands of the king , and the church became void , and the king grants the mannor with the advowson : if the grantee shall have the presentation , or the king , was the question . all the justices held clearly , that the avoidance would not pass , because it was a chattel vested . and periam said , that in case of a common person without question an advowson appendant would not pass by such grant ; for if the father die , it shall go to his executor : but if it be an advowson in gross , in case of a common person there is some doubt : but in the principal case all the judges held ut supra , and said , that so it was in e. . . quare impedit . and in dyer in the case of the church of westminster : but f. n. b. is contrary , . n. c . ( . ) of advowsons there are three original writs , whereof one is a writ of right , the other two of possession , viz. darrein presentment , and quare impedit . and where an advowson descendeth unto parceners , though one present twice , and usurpeth upon his co-heir ; yet he that was negligent shall not be clearly barr'd , but another time shall have his turn to present when it falleth d . and by the statute of jac. . every recusant convict is utterly disabled to present to any ecclesiastical living , or to collate or nominate to any donative whatsoever , the advowson of every such recusant being left to the disposition of the universities of oxford and cambridge e . also by the statute of e. . . it is directed , what action shall be maintained by him in the reversion , who is disturbed to present after the expiration of a particular estate ; where there is also provided a remedy for him in the reversion or remainder , or others that have right , where there is an usurpation of an advowson during any particular estate : and that judgments given in the kings courts touching advowsons shall not be avoided by surmizes , but by lawful means f . likewise it is statute-law to hold , that advowsons shall not pass from the king but by special words ; for when the king doth give or grant land or a mannor with the appurtenances , unless he make express mention in his deed of advowsons of churches , when they fall , belonging to such mannor or land , they are reserved to him , notwithstanding the word [ appurtenances , ] albeit among common persons it hath been otherwise observed g ; nor is it lawful to purchase an advowson , during the dependancy of a suit at law concerning the same h . ( . ) if a feme covert be seized of an advowson , and the church becomes void , and the wife dieth , the husband shall present i . where parson and vicar be endowed in one church , and the vicarage becomes void , the question is , to whom the advowson of the vicarge doth belong , and who in that case shall be said to be the patron of the vicarage ? whether the patron of the parsonage , or the parson ? it seems the books at common law , the judges and the court , were divided in opinion touching this point k ; some of the judges were of opinion , that the advowson of the vicarage appertains to the parson ; others , that it belongs to the patron : such as inclined , that it is in the patron l , gave for reason , that the ordinary cannot make a vicar without the assent of the patron , e. . quare impedit . puts the case , that although the vicarage be endowed with the assent of the patron and ordinary , yet the advowson of the vicarage doth remain in the parson , because the same is parcel of the advowson of the parsonage m . and . e. . grants . . it was a question , whether by the grant of the advowson of the church , the advowson of the vicarage did pass ? and there it was said by stone , that it doth pass as incident to the parsonage n . and in regard the vicar is as the parsons substitute , and his endowment originally only as a maintenance for him in officiating the cure for the case of the parson , whose concern it is to see that he be a fit and able person sufficient for the cure , it should thence seem rational that the parson should be his patron , to present such an one to the vicarage as shall be sufficient for the cure ; for which reasons the patronage of the vicarage should seem rather to belong unto the parson , than to the first patron of the parsonage appropriate . ( . ) an advowson cannot , it seems , at the common law be called a demesne , for that it is not such a thing as a man hath a manual occupation or possession of , as he hath of lands , tenements , and rents , whereof he may say in his pleading , that he was seized thereof in his demesn as of fee , which he cannot say that hath only the advowson of a church , because it lies not , as the other , in manual occupation : and therefore in the case of advowson of a church , he may only say that he was seized as of fee , and not in his demesn as of fee o , whether it be an advowson in gross or appendant , which appendancy is held to be for the most part by prescription , and must relate to such things as are in their own nature of a perpetual continuance ; for which reason it is , that advowsons cannot be said to be appendant to rents , services , and the like , because such things are extinguishable p . and although an advowson be not properly said to be a demesn , yet it may be appendant to a demesn , as of lands or things corporeal and perpetual , and therefore ( as supposed ) not to a house of habitation , meerly quatenus such , yet to the soyl , whereon the house is erected ; whereby the law ( which hath the clearest prospect of casualties at a distance ) hath provided , that the advowson shall stand , though the house fall q ; but an advowson disappendant and in gross , which in man hath alone , and not by reason of any other thing , but severed from the lands to which it was appendant , such an advowson is exempt from divers prejudicial incidents which the other , viz. the appendant , cannot well avoid . and where a subject or common person hath an advowson appendant to a mannor , and there be an usurpation upon him , by a presentation made by a stranger , whose clerk is in for six months , though this makes the advowson of such common person disappendant to his mannor ; yet it is otherwise in case of the king , who may grant the advowson notwithstanding such usurpation ; for a man cannot put the king out of possession either by presentation or usurpation , as hath been adjudged r . nor doth the king's presentation by lapse sever the advowson from the mannor , or cause it to become disappendant , as in gawdy's case against the archbishop of canterbury and others , was likewise adjudged ; in which case it was also said by habard chief justice , that neither doth a wrongful collation of the bishops make any disappendancy , nor any binding plenarty against the true patron ; but that he may not only bring his quare impedit when he please , but also present upon him seven years after s . also , whereas it was said before , that an advowson cannot be appendant to things extinguishable , as to rents , services , and the like , so it seems at the common law an advowson in possession cannot be appendant to a reversion expectant upon an estate for life ; for the case was , the king seized of a mannor with an advowson appendant , granted the mannor to j. s. for life , and then granted the mannor to j. d. after the death of j. s. habendum una cum advocatione ; and then by parliament the king reciting both the grants , confirmed them by parliament , yet the advowson passed not t . finally , whereas also it hath been adjudged ( as aforesaid ) that the king cannot be put out of possession either by presentation or usurpation , this seems to refer only as to the kings advowson , and not as to his present presentation ; for the opinion of sir h. hobart chief justice is , that although the king may be dispossessed of his present presentation , he cannot be so of his advowson , and therefore he may still grant it , notwithstanding the usurpation , as was judged in a writ of error , upon a judgment given to the contrary , between the king and campion for the vicarage of newton valence u . ( . ) a donative in the kings gift may be with cure of souls , as the church of the tower of london is a donative in the kings gift with cure ; as in the case of fletcher and mackaller , where information was brought upon the stat. eliz. of simony for procuring him to be promoted to the church of the tower for money ; and per curiam , it well lies x . ( . ) the queen hath the advowson of the vicarage of h. and grants the vicarage to j. s. it was the opinion of all the justices , that the advowson passeth not ; for that the vicarage is another thing than the advowson of the vicarage y . the queen seized of a mannor , to which an advowson was appendant , granted the mannor cum advocatione ecclesiae , the church being then void : it was adjudged the avoidance did not pass , but the queen should present pro hac vice z . and in the queen and hussie's case it was resolved , that a double presentation would not put the queen out of possession , if she hath right a . and in stephens and clarks case it was resolved , that the grant of the next avoidance to one during the avoidance , is void in law b . chap. xx. of appropriations . . the great antiquity of appropriations ; a conjecture of their original ; whether charles martell was the occasion thereof ? they were prohibited in england anciently by the pope ; whether they can be otherwise than by the king , or some authority derived from him ? . how the end and use of appropriations is changed at this day from what it was in the original institution thereof . . appropriators why called proprietarii ; the care of r. . in making provision for thé vicar in case of appropriations ; requisites of law to make an appropriation . . a further discovery of the original , use , and ends of appropriations , and under what qualifications . . whether appropriations were anciently grantable to nunneries ? . appropriations not now to be questioned , as to their original . . a vicarage endowed may be appropriated , but not to a parson . . three considerable points of law resolved by the justices touching appropriations . . whether an advowson may be appropriated without a succession ? appropriations usually were to corporations or persons spiritual . . how a church appropriate may be disappropriated . . in appropriations the patron and his successors are perpetual parsons . . whether an appropriation of a parsonage without endowment of the vicarage be good ? also , whether an appropriation may be made without the kings license ? ( . ) it is a question at this day undecided , whether princes or popes were the first authors of appropriations ? the practice whereof by each of them is of great antiquity ; but whether in imitation of martell's sacrilegious president ( the first by whom tithes were ever violated in the christian world ) is but a supposition rather than any assertion among historians . it was long since traditionally recorded in history , that about the year . when the said charles martell , father of pipin , after king of france , in defence of his country against the hunnes , gothes , and vandals , had slain no less than of those infidel sarazens in one battel , he did not restore to such of the clergy of france their tithes , as from whom under a fair pretence of supporting the charges of the war thereby , he had ( upon a promise of restitution thereof so soon as the war should cease ) obtained the same ; but instead thereof gratified such of the nobility , as had assisted him in the war , by the grant thereof to them and their heirs for ever . but whether this sacriledge ( if it be true ) had such a malign influence upon succeeding princes in after-ages , and other kingdoms , and also upon the popes , as some historiographers do more than conjecture , is not so evident as that which is reported by ingulphus abbot of crowland , touching eight churches to have been appropriated to that abbey by several saxon kings ; and though by their charters , yet whether by such exclusively to all ecclesiastical authority , is not so certain , as that william the conqueror , without asking leave of the pope , appropriated three parish-churches to the abbey of battaile , which he built in memory of his conquest ; and his youngest son h. . nigh twenty in one day to the cathedral of sarum by his letters patents , together with the tithes of those parishes which his elder brother william , sirnamed rufus , had depopulated and disecclesiated in new-forrest in hantshire . notwithstanding which , the pope ( who understood his supremacy in matters ecclesiastical better than to part with it upon any presidents of temporal usurpations ) doth frequently in his decretals , without any contradiction , rather assume than arrogate this right unto himself , as a prerogative of the apostolick see , and granted to several religious orders this priviledge of taking ecclesiastical benefices at lay-mens hands by the mediation of the diocesan , who at a moderate and indifferent rate ( as one moity of the annual profits of the benefice ) was to be a medium or expedient between the religious house and the incumbent ; but in process of time , partly by the remisness of the bishops in that point , and partly by the covetousness of the monks and friers in those days , the incumbents proportion became at last so inconsiderable , that pope vrban the fifth by his legate othobon , about the year was forced to inhibit all the bishops here in england from appropriating any more churches to any monastery or othes religious houses , save only in such cases where charity might prevail in derogation of law ; and under this proviso also , that the bishops should assign a competent proprotion of the parochial fruits for the maintenance of the incumbent , according to the annual value thereof , in case the new appropriators did it not within six months next after such appropriation ; but this constitution not taking the effect expected , a convenient maintenance for the vicar was otherwise provided for by two statutes , the one made by r. . the other by his successor h. . so that upon the whole it may be rationally inferr'd , that these appropriations originally came , partly by the act of ecclesiasticks , and partly by the laity . but what way soever they came , this is and hath been held for law within this realm , that albeit the pope takes upon him to be supream ordinary , yet no appropriations made by him , or by any authority derived from him , were ever allowed or approved of by the laws of this realm ; it being held , that no appropriations within this realm can be made but by the king , or by authority derived from him , and by his license , and that all other appropriations are void in law. an appropriation may be by the king sole where he is patron , but it may not be by the patron sole : grendon's case in plowden . & e. . . an appropriation cannot be without the king's license . ward 's case poph. rep. nor will the objection hold against the king , to say , no man can make an appropriation of any church , having cure of souls ( the same being a thing meerly ecclesiastical , and to be made by some ecclesiastical person ) but he only who hath ecclesiastical jurisdiction ; for such jurisdiction the king hath , and is such a spiritual person , as may of himself appropriate any church or advowson , because in him resides the ecclesiastical power and jurisdiction . and therefore in a case of commendams it was long since held , that an appropriation made by the pope , could not be good without the king's license . the like in a case of avoidance was vouched in cawdrie's case , that the entry into a church by the authority of the pope only , was not good , and that he could not appropriate a church to appropriatees to hold to their own use . and in gyendon's case it was resolved by the justices , that the ordinary , patron , and king , ought to be assenting to every appropriation ; and that the authority which the pope had usurped in this realm , was by parliament , h. . acknowledged to be in the king , who as supream ordinary may appropriate without the bishop's assent . ( . ) it seems therefore without any contradiction most evident , that appropriation or impropriation , at the original thereof was , when the religious houses of the romish church , and the religious persons , as abbots , priors , and the like , had the advowson of any parsonage to them and their successors , obtaining license of their holy father the pope , as also of kings , and of their ordinaries , that they and their successors should from thenceforth be the parsons thereof , that it should thenceforth be a vicarage , and that a vicar should serve the cure. so that at the beginning of this spiritual monopoly of appropriations , they were made only to such spiritual persons as were qualified to administer the sacramental ordinances , and perform divine service . afterwards the grant thereof was gradually enlarged , and extended to deans and chapters , though bodies politick , and as such not capable of performing such divine services ; yea , and ( which was most ridiculous as well as impious ) to nunus , which were prioresses to some nunnerics , but not female-preachers , as in these daies . all which was under a pretence of maintaining hospitality ; and to supply all defects hereby occasioned , there must be the invention of a vicar , as the appropriators deputy , to serve them and the cure , for which he had and hath the tithe of mint and cummin , and such other small ossals of tithes , as might be spared out of the weightier granaries thereof without breach of the laws of hospitality , thereby sacrilegiously robbing the church to enrich themselves . thus the poor vicar shall have something like a certain portion of the benefice , whilst the abbot and the covent , and their lay-successors , shall be the parsons , and receive the main profits , and so live by the altar without waiting on it , and be re-baptized by the law with the name of parsons imparsonces . this was that anciently , which we now call appropriation , which cannot be made to begin in the parson's life-time without his assent ; and is so called , because they hold the profits ad proprium suum usum ; but if such advowsons happen to be recovered by ancient title , then and in such case the appropriation of the parsonage is annulled a . ( . ) so that from the premisses it is evident , that this appropriation or impropriation is an annexation of an ecclesiastical benefice ( which originally was as it were in nullius patrimonio ) to the proper and peculiar use and benefit of some religious house , bishoprick , dean and chapter , colledge , &c. quod divini juris est , id nullius est in bonis . instit . de rer. divis . § . nullius . and it is supposed , that such as are impropriators are so denominated , for that now and hereby they are as owners of a feesimple by reason of the perpetuity of their title , whence called proprietarii , whereas the parsons of any ecclesiastical benefice are properly , regularly , and ordinarily accounted but vsusructuarii , nor were they any other originally , and not domini as having any right of fee-simple in them b . it is further asserted by dr. cowell c , that before the reign of r. . it seemed to be lawful to appropriate all the provenues of an ecclesiastical benefice to an abby or priory , provided they found one to serve the cure ; but then withal , that king , though he did not suppress such spiritual monopolies , yet made a law whereby he ordained , that in every license of appropriations to be thenceforth granted in chancery , it should expresly be appointed and contained , that the diocesan of the place should take care to provide an annual competency or convenient sum of money , to be yearly issuing and paid out of the parsonage-fruits of that parish towards the maintenance of the poor thereof , and for a sufficient subsistance and endowment of the vicar d . by the statutes of r. . pl. . and h. . cap. . it is provided , that where a church is appropriated , a vicar ought to be endowed . if the church be full , the consent of the diocesan , patron , and incumbent are necessary to an appropriation , after the kings license first had and obtained in chancery : but if the church be void , then the diocesan and the patron , upon such license from the king , may conclude it e . and as to the dissolution of an appropriation , the patron 's presentation of his clerk to the ordinary , with his institution and induction thereupon , is sufficient to effect it , and puts the benefice instatu quo f . ( . ) although appropriations at their original were tolerated only to persons ecclesiastical , and that in order to their better hospitality , yet now they are become as lay-inheritances , and adapted as well to persons secular as ecclesiastical , and to bodies corporate as well as to persons private or individual , who by virtue of their right and title to a parsonage or spiritual benefice , may take the profits thereof to their own proper use , maintaining only a vicar upon the place to serve the cure. anciently and originally these appropriations came from the pope , afterwards tolerated by kings , and with the consent and approbation of the ordinary . so that now appropriators and appropriations are no other than lay-parsons & lay-parsonages ; which lay-parsons as they are the proprietaries , the common law allows them to be called the incumbents , and him , that hath the church by appropriation , parson imparsonee ; and although they are said to be perpetually appropriate g ; yet may be dissolved and become propriate again , as in case a corporation to which it belonged , should be dissolved ; or in case the advowson should be recovered by a title more legal and more ancient than that of the appropriation ; which as it was originally tollerated only to spiritual persons , so never without the ordinary's consent and approbation ; consonant whereunto are the seventh and eighth canons of the council held at gangra , where a curse is pronounced upon all such as shall presume to give or receive the church-fruits , otherwise than by the bishops dispensation , or of such other as by the bishop shall be appointed thereunto . nor was it ever in the primitive times held lawful for meer lay-men and secular persons to have any thing to do with the church revenues ; it was an observation of stephen bishop of rome , in the second century in his second epistle , laicis quoque , quamvis religiosi sint , nulla tamen de ecclesiasticis facultatibus disponendi legitur unquam tributa facultas ; which long after was also repeated in the council of lateran under innocent the third , c. . and in the filling of such vacant appropriations as were granted to religious houses , the bishop was impower'd by law to oblige the proprietaries to set out for the vicar incumbent such a convenient portion , as the bishop in his judgment should be pleased to allot . vid. alex. . ad epise . wigorn. de praeb . & dig. c. de monach. ( . ) whereas it hath been formerly hinted , § . . that appropriations have heretofore been granted to nunneries , hobard chief justice is express against it , that a benefice with cure could not be approprietated to a nunnery , though the pope made many de facto , citing dyer in grindon's case , saying , that it was a thing abominable , both against the law of god h , and the law of this realm ; for beneficium non datur nisi propter officium . nor is it a sufficient answer to say , the cure might be served by a curate for them ; for the question is not , how they might make a curate , but how themselves were capable ; for it must radically vest in the first grantee , before it can go in title of procuration or deputation to any other : for the proper and operative words which make an appropriation , are such as must make the patron and his successors perpetual parsons ; yet if a meer lay-man , or one wholly illiterate be presented , instituted , and inducted : this is not a meer nullity , but he is a parson de facto , as having all the ceremonies to make him such , and his insufficiency must receive examination , yet no dispensation can make him a lawful parson , not subject to deprivation , because it is malum in se ; but in the other case the incapacity appears in it self i . nor are appropriations regularly grantable over , neither can they endure longer than the bodies , whereunto they were first appropriate ; because it carries not only the glebe and tithes ( which may be granted away ) but it doth also give them the spiritual function , and doth make the parsons of the church , and doth supply ( so hobart chief justice ) institution and induction , which being the highest parts of trusts , cannot be estranged : and therefore the instrument of appropriation runs in these words , viz. that they and their successors ( not their assigns ) shall be parsons , or by periphrasis hold the church in proper use k . likewise when an appropriation was made by the king as the supream ordinary , or by a bishop as the ordinary under him , the instrument thereof did run in these or the like words , viz. ( if by the king ) authoritate nostra regali ; ( if by the bishop with the king's assent ) then it was authoritate nostra ordinaria , ecclesiam parochialem de b. tali , &c. annectimus appropriamus , & unimus per praesentes . ( . ) appropriations of ancient time are not now in these daies to be questioned as to the original of them , if they have ever been so reputed and taken for impropriations l . to which purpose it was resolved in the time of queen elizabeth in chancery by egerton lord chancellor of england , being assisted with the principal judges , that although an advowson doth not pass by the grant of the king in strictness of law , by the words cum pertinentiis ; yet it shall be intended in respect of the ancient and continued possession , that there was a lawful grant of the king to h. b. &c. and all shall be presumed to be done , which might make the ancient appropriation good : and the reason thereof there given is , for that if the appropriation had been drawn in question in the life-time of any of the parties to it , they might have shewed the truth of the matter : but after so many successions of ages , in which the church was esteemed to be rightfully appropriated , the appropriation shall not now be drawn in question m . for the same reason a procedendo was refused to be granted in chancery in the case of the lord st. john of bletso and the dean and chapter of gloucester , the court then giving for reason , because the defendant and those from whom he claimed , time out of mind had had the possession of a parsonage as impropriate ( saving for some short time ; ) and because it shall be a dangerous president for owners of impropriations , to maintain the appropriations to be perfect in all points and circumstances requisite to an absolute appropriation , the appropriations being made of ancient time n . the like resolution was given by the court in hunston and cockett's case , viz. that whether an appropriation be good or not , cannot now be called into question , but shall be intended to be good , and to all requisite circumstances o . ( . ) an appropriation cannot in any case be made by the patron himself only ; yet where the king is patron , it may be made by him sole . and although upon every appropriation there ought to be an endowment of a vicar , yet a vicarage it self endowed , may ( as hath been held by the whole court ) be appropriated , but not to the parson , and ( as in the book h. . ) is such a vicarage , as may afterwards be dissolved p . and if a lease be made of a parsonage impropriate by one , who hath not any thing therein during the life of the incumbent , it will be void ; nor can an appropriation be made to a church which is full of an incumbent , but by special words q . it hath also been held , that a vicarage perpetual could not be dissolved after the statute of h. . and that the pope had not any power to make any ordinance against that statute , by which he hath not any right to meddle with advowsons , benefices , &c. and that by his bulls he cannot dispence with the law , though they tend in ordine ad spiritualia r . ( . ) touching appropriations there were three considerable points in law , resolved by the justices in grendon's case : ( ) that none is capable of appropriation but a body corporate or politick spiritual , which hath a succession : for that the effect of an appropriation as to the first institution thereof , was to make the body politick perpetual incumbent , and to have the rectory , and that he hath the cure of all the souls of the parishioners : and therefore he must be a spiritual person . ( ) that the king , ordinary , and patron , ought to be assenting unto every appropriation ; and that the authority which the pope had usurped in this realm , was by parliament , an. h. : acknowledged to be in the king ; and the king being supream ordinary , might of his own authority and jurisdiction make an appropriation without the assent of the bishop . ( ) that an appropriation may be made by apt words , when the church is full ( as to say ) that the parson who is a spiritual person , after that the church shall be void , shall be parson , and may retain the glebe , and the fruits of the church to his proper use ; and that the same shall be a good appropriation , when the church shall be void by death or otherwise s . ( . ) it is brought by way of report to us , that it was the opinion of the master of the rolls in the great case of consultation , which was argued in the exchequer chamber , the h. . . a. that an advowson could not be appropriate without a succession , although that the incumbent purchased the advowson by license to hold to his own use . where it was further said , that if a prior were seized of an advowson to him and his heirs , and he purchase license of appropriation , and that he and his successors might hold the advowson to their own use ; yet the advowson shall descend to his heirs : but in such case , if he would have the appropriation to be good , it were best to alien the advowson , and after to re-purchase it to him and his successors ; and then the appropriation will be good t . all appropriations have been usually to corporations or persons spiritual , and not to bodies politick , consisting of meer lay-men , or lay-corporations . and in alden and tothil's case it was in question , whether the king , since the statute of h. . might by his letters patents appropriate a church parochial , which was before presentative , unto a lay-corporation , all the members of the corporation being meer lay-men : which case was not then resolved u . ( . ) as a church parochial might be appropriated : so a church which is appropriated to a spiritual corporation , may become disappropriate , if the corporation be-dissolved x . also if the advowson of a church were by license granted to a prior and his successors , and afterwards the same church were appropriated to him and his successors , so as thereby they became perpetual parsons imparsonees : in that case if the wife of a grantor were endowed of the advowson , and presented a clerk , who was admitted , instituted , and inducted , the appropriation would be defeated for ever ; for the whole estate of the parson imparsonee is thereby avoided : and so it was adjudged , e. . . sed quaere . for in the case of lancaster and lucas y , it was held by the court , that in such case the church was disappropriated but during the life of the wife : and after her death it should remain as appropriated z . ( . ) sir h. hobart chief justice , in the case of colt and glover against the bishop of coventry and lichfield a , says , that the proper and operative word that doth appropriate , is to make the patron and his successors perpetual parsons ; and in the case of wright against gilbert gerrard and richard hildersham b , that the instrument of appropriation runs in these words , that they and their successors ( not their assigns ) shall be parsons , or by periphrasis hold the church in proper use ; and the words of appropriating are , that they may hold ecclesiam & rectoriam in proprios usus , as in grindon's case ; and says further , that appropriations cannot endure longer than the bodies , whereunto they were first appropriate , because it carries not only the glebe and tithes , but doth also give the spiritual function , makes the parsons of the church , and supplies institution and induction . ( . ) a prior was seized of the advowson of a parsonage ; the church being void , the bishop gave him license to hold it to his proper use , and there was not any endowment of the vicarage . the jury found the statute of h. . of appropriations : and of h. . which gives priories , &c. to the king : whether the appropriation were good , there being no endowment of the vicarage : and , whether the appropriation without the king's license was good , was the question . resolved , that whether the appropriation be good or not , cannot now be called in question ; but it shall be intended to be good , and have all requisite circumstances : but in this case , because the defendant claimeth per praesentationem regis ratione lapsus ; whereas the king , if he had any title to present , it was jure coronae , the presentment of the plaintiff was utterly void , and the plaintiff had no title , who brought an action upon the statute of ed. . for not setting forth of tithes c . chap. xxi . of commendams . . what a commendam is , or the legal description thereof . . the king may dispence with the holding of divers benefices in commendam , notwithstanding the canon of the lateran council against pluralities . . three degrees of commendams by the canon law. . a description of a semestral and temporary commendatory . . the provision the pope made in granting commendams ; certain benefices in the church of rome never given in commendams . . what the canon law in commendams ad tempus or perpetuo . . the grand case of a commendam at the common law , between kiffin and ascough , and therein great variety of learning touching that subject . . several considerations in law touching commendams . . an irish case , with great variety of learning , in reference to this subject . ( . ) commendam ( ecclesia commendata ) is a benefice or ecclesiastical living , which being void , is commended to the charge and care of some sufficient clerk , to be supplied until it may be conveniently provided of a pastor : and this was the original of what we now commonly call commendams . durand . de benefic . lib. . cap. . that person to whom the church is thus commended , hath the fruits and profits thereof only for a certain time ; whereby the nature of the church is not changed , but is as a thing deposited in his hands as it were in trust , being concredited only with the care and custody thereof , which may be revoked . thus when a parson of a parish is made the bishop of a diocess , there is a cession of his benefice by the promotion ; but if the king gives him power to retain his benefice , he shall continue parson thereof , and shall be said to hold it in commendam a . so that it may properly be thus defined , commenda est ecclesiae custodia alicui commissa in tempus gratia evidentis necessitatis & utilitatis . gloss . in verb. commendare , c. nemo deinceps , de elect. in lib. . & andr. in dict . gloss . for hereby the bishop commits the care and custody of a vacant church to some one , whom he constitutes as a general administrator thereof . corras . de sacerd. mater , p. . c. . nu . . & dict . c. nemo . for commendare in this sense is no other than deponere . l. publius , ff . depositi , & l. commendare , ff . de verb. sign . and he to whom the same is so committed is in the law termed commendatarius , having the custody of a vacant church and the fruits thereof only for a time ; and the beneficium commendatum we call commendam . petrus gregorius makes this commendam of a church to be on a double account , viz. either in utilitatem ecclesiae , or commendatarii ; in the former case , he says , the commenda gives no title to the commendatary of the benefice , but is only a custody or trust which may be revoked , and consequently repugnant to the nature of a benefice , which is perpetual : in the other case , the benefice is held to be a commenda made in utilitatem commendatarii , which he may hold and possess as long as he lives . petr. greg. de benef. cap. . nu . . ( . ) by a canon of the lateran council no person ecclesiastical could hold two benefices with cure of souls simul & semel , but by the taking of a second the former would be void . cons . later . & f. n. b. . l. & co. par . . . & lindw . consil . provin . de praebend . cap. audistis ; yet might the king it seems by the common law , notwithstanding that canon , grant dispensations to hold divers benefices in commendam ; as at this day he may notwithstanding the stat. of h. . for the statute of h. . that takes away the popes usurped power of granting commendams , &c. in this realm , doth vest it in the crown de jure , as also doth the statute of eliz. and ( from and under the crown ) in the archbishop of canterbury , his commissaries , &c. and as heretofore the pope did by usurpation in this realm , so now de jure & ex regali authoritate , may the king grant unto a consecrated bishop a dispensation recipere & obtinere beneficium cum cura animarum , and to hold the same in commendam b . ( . ) in the case of colt and glover against the bishop of coventry and lichfield , according to sir hen. hobart lord chief justice , out of the canons , commendams are said to be of three degrees , one semestris , another perpetua vel ad vitam , a third intermedia or diuturna , sed limitata ; and sometimes called temporaria or temporalis , vel ad certum temporis spatium limitata . clem. v. extra . l. . de praebendis , c. . the commenda semestris did arise out of natural equity , that in the time of the patrons respite given him to present , the church should not be without a provisional pastor , which was a law of necessity agreeable to the law of nature . but after the lapse justly incurred , the commendam is to cease , or then the ordinary may collate . the commenda perpetua vel ad vitam , is that which cannot be for a less time than for the life of the commendatary absolute . and the commenda intermedia , diuturna , or temporalis , vel ad certum temporis spatium limitata , is , when a commenda is to a person not for his life absolutely , but so long as he shall be bishop of such a place , or the like . each of which degrees of commendams doth refer to the commendam obtinere , capere , & apprehendere . a dispensation commendam recipere , which shall make a title , ought to have three incidents ; ( ) it ought to be , recipere & convertere in usus proprios . ( ) it ought to be ad utilitatem ecclesiae , vel parsonae . ( ) it ought to have the assent of the patron . and he that is but mere commendatarius is accountable to the ordinary . vid. case evans and ascough , in latch . rep. and not to the commendam retinere , which in truth is no commendam , though commonly so called ; but is only a faculty of retention and continuation of the benefice in the same person and state wherein it was , notwithstanding something intervening , as a bishoprick or the like , which without such a faculty would have avoided it . ( . ) the semestral commendatary is not reputed praelatus , but procurator & administrator , habens titulum canonicum ; it doth make fructus suos , but ad providendum sibi & ministris ; and what remains , is to be converted to the use of the church . greg. x. in concil . lugd. an. . gloss . in cap. nemo . . de electione in sexto . and john d'atbon , upon othobou's canon or constitution de commendis ecclesiarum , says , that commendare idem est quod deponere , seu custodiae committere : and all agree that such a commendatary is not praelatus , but procurator ; habet tamen legitimam administrationem ad colligend . & providend . ministris ; ea vero quae supersunt , ad utilitatem ecclesiae convertenda . commendare ( ut ait papin ) nihil aliud est quam deponere . l. lucius , ff . deposit . & l. commendare , ff . de verb. sig. & l. publia , ff . deposit . & gloss . ibid. but as to a perpetual commendam , perpetuity , and the disposal of the fruits must concur c . and as a patron cannot present to a church full , so neither can a commendam be made to a church certain that is then full ; for there is no difference betwixt a commendam and a presentation , but that the one presents the parson to the church , the other commits the church to the parson , both being incompatible when the church hath his proper rector ; the canons also speaking of commendams , rely much upon ecclesias vacantes , necessitatem & utilitatem ecclesiae vacantis . and commendams were not made anciently in general terms , to any churches uncertain , but to some certain church then void . also the patrons consent is necessary to a commendam , secundum omnes , patroni consensus , & omnium qui laedi possunt , requiritur ; and again . quod satis observant praelati , qui nisi praesentati per patronos , non faciunt commendas . gloss . in concil . lugd. & othob . provin . hob. rep. in dict . cas . colt and glover , vers . bishop of covent . and lichfield . likewise , it is further asserted by sir hen. hobart in the case aforesaid , that the temporary commenda brings with it so many incongruities , inconveniences , and absurdities in law , as cannot be born ; for thereby the church is neither altogether void , as it remains in the case of a commendam semestris , which is but a sequestration of fruits and cure till the patron presents ; neither is the church absolutely full , for then it should be plena & consulta , h. c. plena de possessore , & consulta de rectore d . ( . ) commenda in the canon law hath a nigh affinity to collation : rebuff . in § . statuimus , in ver . conferantur . de collat. and is a canonical institution , or a canonical title : cap. dudum , in . de elect. etsi in titulum non detur ecclesia , and when the commendatary dies , the benefice is void , ut alia in titulum possessa : rebuff . de pacif . possess . nu . , , . the pope was wont to provide by a commendam , when he gave a benefice in custodiam , that he that had the custody thereof , should not thereof have fructus suos : cap. nemo , de elect. in . but should restore the same : can. placuit . q. . unless he express'd in the grant ( as he often did ) that the commendatary should convert the fruits thereof to his own use . it is in law provided by the commendam , that the commendatary shall not be , nor said to be titularius ecclesiae concessae , because he hath another at the same time , and together with that he cannot aliam habere in titulum : cap. dudum , in . de elect. cap. fin . . q. . for the law compares the relation that is between a rector and his church to that of man and wife , and in express terms calls it matrimonium ; cap. sicut vir . q. . and says , it is as odious to have more benefices than one at once , as more wives than one at once ; cap. de multa de praebend . whence it may aptly be inferr'd , that plurality is a kind of spiritual bigamy or polygamy . moreover , by the canon law a commendam may be either for a certain time , or for life : cap. extirpandae , § . quia vero . de praeben . & c. nemo . de elect. in . and during the vacancy of a see the chapter may grant the commendam ad tempus : c. significatum . de praeb . & dict . c. nemo . if the commendam be granted in perpetuity or for life , it is vice tituli : nam ad tempus collatio fieri nequit beneficii : c. si gratiose . de rescript . & c. satis perversum . . dist . in the church of rome there are certain benefices which were never wont to be given in commendam , such as that of the holy ghost in sicily , st. john of jerusalem , st. anthony , the blessed virgin mary , and others ; and this by a constitution of pope alexander the sixth as a mark of grace ; because they were given to the fraternity of these orders in titulum . rebuff . de commendis , nu . . prox. benef. ( . ) whether any man inferiour to a bishop , may ecclesiam commendare , is a question moved by rebuffus , who holds it in the affirmative , provided it be a commenda only ad tempus , that is , only for six months : rebuff . respon . . de commenda . which opinion panormitan seems to be of , by saying , inferiorem à papa non posse perpetuo commendare , sed ad tempus sic : panorm . in c. si constiterit , in . notab . de accusat . for the canonists of the romish church do hold , that commendare in perpetuum potest solus papa , ad tempus sex mensium quilibet ordinarius potest : likewise panormitan says further , that a chapter ( sede vacante ) possit usque ad sex menses commendare : panor . & felin . in c. cum olim , . q. de major . & obed . & jo. francisc . in tract . de offic. & potest . capituli sede vacante . in . part . q. . whence rebuffus concludes , that any other qui beneficia conferre potest may do the like ; it being as a rule in law , that illud videtur permissum , quod non est prohibitum : c. nam concupiscentiam . de consti . & l. praecipimus . c. de appellat . the canon law , to which only we are beholding for the clearest apprehensions we can possibly have of commendams , allows a very extensive latitude to the pope in the granting and revoking thereof ; but this doth not concern us , further than as the popes ecclesiastical power , heretofore exercised in this realm by way of usurpation , is now vested in the king de jure ; yet it will be agreed on all hands , that a commendam in the very nature of it , is meerly and properly custodial , that church or benefice being then granted in commendam , quando in custodiam , seu custodiae causa datur : c. nemo . de elect. in . and as he who hath only the custody of a thing , non facit fructus suos : so neither he ( according to the canon law ) who hath a commendam , without the popes special grant thereof to the commendatary : c. placuit . . q. . rebuff . de commenda , who yet by the same law possit expensas facere ex reditibus beneficii commendati , sumere ex eo alimenta , & debita persolvere , sicut is qui titulum habet : c. . de solutio . hoc afferit archidiac . in cap. qui plures . . q. . ( . ) the grand case of a commendam was that of evans and kiffin against ascuth , which being two daies argued by the judges , and by noy attorney , is acutely and succinctly reported thus , viz. in trespass : dr. thornbury being dean of york was chosen bishop of limbrick in ireland : but before consecration or confirmation , he obtained a patent with large words , non obstante retinere valeat in commendam the said deanary , &c. and afterwards he was chosen bishop of bristol ; and then also before installation he obtained another patent , with a more ample dispensation of retaining the deanary in commendam . it was agreed by all , that the church or deanary , &c. in england shall be void by cession , if the parson , or dean , &c. be made a bishop in ireland . for the canon law in that is one through all the world. also ireland is governed by the laws of england , and is now as part of england by subordinacy . note well e. . . b. confirmation under the great seal of england is good in this case ; confirmation under the great seal of england of presentation to a church in ireland , of the heir of the tenant of the king ; and that a dispensation under the great seal of england is good in this case , without any patent of it in ireland , vid. ass . . e. . . an exchange of land in england for land in ireland is good . note h. . scir . fac . sued in england to repeal a patent under the great seal of ireland , vid. the irish statute eliz. cap. . that an irish bishop may be made under the great seal of england . note , stat. e. . the irish bishops shall be donative by patent of the king , under the great seal of england ; yet the king may let them be chosen per congé d'eslire , &c. ( ) noy attorney argued at bar , and so stated the points of the said case by themselves : if a commendatary dean by a retinere in commendam may well confirm a lease made by the bishop ; for it is agreed , that a commendatary dean by recipere in commend . cannot confirm , because he is but a depositarius . note h. . . h. . . h. . . a commendatary shall be sued by that name , and by such a commend . he may take the profits , and use jurisdiction , and yet is not a dean compleat . note , he may make a deputy for visitation , but not for confirmation of leases . note , if there be two deans in one church , both ought to confirm . vid. dy. . co. inst . . a. ( ) the second point , if such a bishop be chosen to another bishoprick , if now the first church in commend . ( admitting that there was a full incumbent ) be void presently by the election and assent of the superiour ( viz. ) the king : and it seemed to him that it was , because there need not be a new consecration ; and he vouch'd panormitan , . par . . the bishop of spires was chosen bishop of trevers , and had the assent of the pope , and that he came to trevers , and there found another in possession ; and he would have returned to the former bishoprick , and could not . he also cited trollop's case , that the guardianship of the temporalties cease by the election of a new bishop . note , that serjeant henden , who argued on the contrary , vouch'd mich. jac. may , bishop of carlisle made a lease to the queen , and a commission issued out of the exchequer to take it , and the dean and chapter confirmed it before the inrolment of it ; and yet adjudged good : that case was for the castle of horne . first , the judges having argued two daies , resolved ( ) that all commendams are dispensations , and that cession commenced by the canon and council of lateran . ( ) that the king may dispense with that canon , h. . . for the pope might , and now by the statute h. . that power is given to the king cumulative by way of exposition veteris , and not by introduction novi juris ; and by that statute a concurrent power is given to the archbishop of canterbury , and may be granted to the king , or by the archbishop , &c. ( ) that the dispensation after election to the first bishoprick and before consecration , &c. and also the dispensation after election to the second bishoprick , and before confirmation , is good enough in both cases , and he remains a good dean to confirm , &c. and afterwards the judgment in the case , being an action of trespass , was given accordingly . ( . ) a commendam is to be granted necessitate evidenti , vel utilitate ecclesiae suadente , and in the infancy of the church quando defuerunt pastores they were necessary : a commendam ordinarily is but for six months , and he that hath it is custos only ; the other is extraordinary , and that is for life , and he is an incumbent : the king by his prerogative royal may grant a commendam without any statute ; yet if such commendam shall be good , it may be very mischievous to the patron : it is it seems agreed in the books of the common law , that the use of commendams in their first institution was lawful , but not the abuse thereof ; and that a perpetual commendam , viz. for life , was held unlawful , and condemned by a council of bishops . it is likewise reported to us , that where the incumbent of a church was created a bishop , and the queen granted him to hold the benefice which he had in commendam : it was the opinion of the justices , that the queen had the prerogative by the common law , and that it is not taken away by the stat. of h. . ( . ) in a quare impedit brought by the king against cyprian horsefall and robert wale , on a special plea pleaded by wale the incumbent , the kings attorney demurred in law : the case in substance was this , viz. the corporation of kilkenny , being patrons of a vicarage within the diocess of ossery , presented one patrick fynne thereunto , who was admitted , instituted , and inducted . after that , during the incumbency of the said fynne ; adam loftus archbishop of dublin , and ambrose forth doctor of the civil law , being commissioners delegates for granting of faculties and dispensations in the realm of ireland , according to the statute of h. . cap. . by their letters dated octob. eliz. granted to john horsefall , then bishop of ossery , that the said bishop unum vel plura beneficia , curata vel non curata , sui vel alieni jurispatronatus , non excedentia annuum valorem quadraginta librarum , adtunc vacantia vel quae per imposterum vacare contigerint , perpetuae commendae titulo adipisci , occupare , retinere , omnesque fructus ad familiae suae sustentationem convertere , possit , juribus sive institutis quibuscunque in contrarium non obstantibus . which faculty or dispensation was after ratified and confirmed by letters patents under the great seal of ireland , according to the statute of h. . c. . after this , viz. may , an. eliz. patrick fynne the incumbent died , whereby the said vicarage being void , and so continuing void by the space of six months , whereby the bishop had power to collate thereunto by lapse , the said bishop by virtue of the said faculty or dispensation adeptus est , occupavit , & retinuit the said vicarage perpetuae commendae titulo , and took the fruits thereof to his own use , until the febr. an. . on which day the bishop died : after whose death the said cyprian horsefall , having purchased the next avoidance of that vicarage , presented the said wale , who was admitted , instituted , and inducted : and afterwards the king presents one winch , who being disturbed by the said horsefall and wale , the king brought a quare impedit . whether the said bishop , when he obtained and occupied that vicarage by virtue of that faculty or dispensation , were thereby made compleat incumbent thereof , so as the church being full of him , no title by lapse could devolve to the king during the life of the bishop , was the principal point moved and debated in this case . and in the argument of this point ( which was argued at the bar first by the counsel at common law , and then by two advocates well versed in the canon law , and at the bench by all the justices ) two things were chiefly considered by those who argued for the kings clerk : ( ) whether the bishop could by any law have and hold that benefice without such dispensation or faculty . ( ) what effect or operation that faculty or dispensation shall have by the law. as to the first , they held clearly for law , that a bishop by the ancient ecclesiastical law of england , may not hold another benefice with cure in his own diocess : and if he hath such benefice before his promotion to the bishoprick , that it becomes void when he is created a bishop . and this is the ancient law of england , as is often said in the bishop of st. david's case , h. . & ed. . . b. agrees therewith . the reason is , for that the bishop cannot visit himself , and he that hath the office of a sovereign shall not hold the office of a subject at the same time ; as hankeford said in the said case of h. . and on this reason it is said in ed. . . that if a parson be made a dean , the parsonage becomes void , for that the dignity and the benefice are not compatible . so no ecclesiastical person , by the ancient canons and councils , could have two benefices , with cure simul & semel , but the first would be void by taking asecond . and this was the ancient law of the church used in england long before the statute of h. . cap. . which was made in affirmance of the ancient law , as appears in holland's case . co. par . . and with this agrees the books of ed. . . ed. . . a. & n. br. . l. and the text of the canon law , which is the proper fountain of this learning , proves it fully ; decretal . de praeben . & dignit . c. de multa : where it is said , de multa providentia fuit in lateranensi concilio prohibitum , ut nullus diversas dignitates ecclesiasticas , vel plures ecclesias parochiales reciperet , contra sanctorum canonum instituta , &c. praesenti decreto statuimus , ut quicunque receperit aliquod beneficium , curam habens animarum annexam , si prius tale beneficium habebat , eo sit ipso jure privatus , & si forte illud retinere contenderit , etiam alio spolietur , &c. and with this agrees the text in decret . caus . . q. . viz. in duabus ecclesiis clericus conscribi nullo modo potest . so that it is evident , that the bishop could not by any law have or retain that benefice within his diocess without a dispensation , which is relaxatio juris , and permits that to be done , which the law had before prohibited . it is to be observed , that commenda est quaedam provisio , and therefore gomez . in reg. de idiomate , saith , that commendare est providere , & quod commenda comprehenditur sub quibuscunque regulis de provisione loquentibus . and by the canon law the consent of the patron is requisite , where a benefice is given in commendam . lib. . decretal . c. nemo . where the gloss saith , ad commendam vacabitur patronus , & si qui alii ex tali commenda laeduntur . also in constit . othob . de commendis it is said expresly , that consensus patroni ad commendam requiritur . the canon law holds these commendams as very prejudicial , and that in divers respects ; and therefore says , that experientia docet , occasione commendarum cultum divinum minui , curam animarum negligi , hospitalitatem consuetam & debitam non servari , ruinis aedificia supponi , &c. . extra . cap pastoris . and whereas it is said of a bishop , that he is to be unius uxoris vir ; the canonists expound it , that he shall have but one bishoprick , or only one cure , for they say , that per commondam bigamia contrahitur in ecclesia : therefore it was well resolved by that good and pious bishop , who ( when another benefice was offered him to hold in commendam ) said , absit ut cum sponsa habeam concubinam . but for the clearer understanding of the nature and difference of these commendams , it is further to be considered , that commenda ecclesiae is nothing else but commendatio ecclesiae ad custodiam alterius ; and therefore decret . caus . . q. . qui plures , the gloss there saith , commendare nihil aliud est quam deponere . this commenda or commendatio ecclesiae is divers , according to the nature of the church , and the limitation or continuance of the commenda : for a commenda may be of a church either curatae or non curatae ; and it may be either temporanea , viz. for a time certain , as for six months , or perpetua , viz. during the life of the commendatary . a church with cure may not be given in commendam , unless upon evident necessity , or the benefit of the church , viz. to supply the cure till provision be made of a sufficient incumbent : and therefore by the council of lions it was provided , that a parochial church should not be given in commendam , nisi ex evidenti necessitate , vel utilitate ecclesiae ; & quod talis commenda ultra semestris temporis spatium non duraret : & quod secus factum fuerit , sit irritum ipso jure , &c. . decretal . c. nemo . but a benefice without cure may be given by the canon law for the subsistence of the commendatary , vel ad mensam : in that sense the canonists say , that commenda is quasi comedenda , quia ecclesiae quae traditur in commendam quasi comeditur & devoratur , and such a benefice may properly be given in perpetuam commendam . summa summar . tit . commenda , art . , & . and by the rule of the canon law , he that comes in per commendam , is not praelatus , sed procurator tantum , & est nisi custos , seu administrator , & jus in ecclesia non habet . . decretal . c. nemo . & constit . othobon . de commendis , fo . . and therewith agrees h. . . where it is said , that the cardinal of york had the abbey of st. albans in commondam , and yet was not the abbot . in this case of a commendam in davis rep. the original or invention of a commendam is ascribed to pope leo . an. dom. . aut eo circiter , as appears lib. decretal . caus . . q. . where it is said , vnde leo . scribit , qui plures ecclesias retinet , unam quidem titulatam , alteram vero sub commendatione tenere debet : for by the ancient canons and councils a man could have but one benefice , and yet it is by experience found convenient , that sometimes , viz. in case of necessity or vtility of the church , a man may have the charge and fruits of more benefices than one ; therefore was that distinction invented and allowed , that although a man shall have but one benefice in titulo , yet he may have other benefices in commenda , viz. that another benefice may be commended and committed to his custody and cure , until it be provided with an able incumbent . but afterwards , there being great abuses found in the granting of these commendams by the ordinaries ( for omnium rerum quarum est usus , potest esse abusus , virtute solum excepta , says aristotle ) another canon was made in the council of lions , an. dom. . for reformation thereof , as appears lib. . decretal . de elect. & elect. potesta . c. nemo . nemo deinceps parochialem ecclesiam alicui non constituto in legitima aetate vel sacerdotio commendare praesumat ; nec tali , nisi unam , & evidenti necessitate vel vtilitate ecclesiae suadente . hujusmodi autem commendam rite factam declaramus ultra semestre temporis spatium non durare , &c. but the gloss there saith , that ista constitutio non comprehendit romanum pontificem , ideo romanus pontifex potest perpetuo commendare . so that the pope , notwithstanding that canon , had power to give benefices in perpetuam commendam . and indeed after the said council of lions , as the pope had reserved to himself the sole power of giving benefices in perpetuam commendam , so he reduced that power into act , and used and practised the same in all realms of christendom : specially the popes that were resident at avignon in france in the times of king h. . ed. . ed. . ed. . were very liberal not only in granting these provisions ( contrary to our statutes made in the times of king ed. . & ed. . ) but in giving all sorts of ecclesiastical benefices in commendam perpetuam . and as at first it was done for the support of the dignity of cardinals , as pope clement . . professed in his epistle to ed. . hist . walsingham , fo . . b. yet afterwards these favours were purchased by other ecclesiastical persons of all degrees , in all nations , specially in england and ireland . and whereas the canon law says , that a man hath a cononical title by virtue of a commendam , that must be understood de commenda perpetua , and not de commenda temporali ; for the commenda temporalis is but a kind of sequestration , and may be granted by every ordinary pro tempore semestri ; and therefore such a commendatary non est praelatus , nec maritus ecclesiae , nec facit fructus suos , sed est administrator tantum , & custos ecclesiae . and such a commenda non est titulus , nec facit titulum , sed est quoddam depositum , until the church be provided with a sufficient incumbent ; and therefore such a commenda is commonly granted when the patron doth not present an able person , or when the church is litigious . but the commenda perpetua , which continues during the life of the commendatary , cannot be granted by any inferiour ordinary , but only by the pope in such countries where he hath jurisdiction , or by the king or his delegates in this realm , or such whose power therein is derived from him or confirmed by him . and this commenda est titulus canonicus ; nam militat eadem ratio in perpetuis commendis , quae in aliis titulis . lib. . de electionib . c. nemo . and so it hath been often adjudged in rota , as gomez affirms in regul . de trien . possess . where he argues this point pro & con at large , and where he saith , that the faculty of a perpetual commendam is amplissima dispositio , & habet ubertatem verborum , viz. licentiam & facultatem fructus omnes percipiendi , & in proprios usus convertendi , &c. quae verba important collationem & titulum , & non simplex depositum . chap. xxii . of lapse . . what a lapse is ; the gradations , and original thereof . . the difference between the canon and common law , as to the time of lapse ; and when the six months shall begin . . the king is patron paramount of all tbe churches in england . . in what cases the patron is to take notice of the avoidance at his peril , or not ; and how the six months is to be computed by the days . . a lapse is not an interest , but a trust or administration , and may not be transferr'd or granted over . . how or from what time the six months shall be computed before the lapse incurr . . whether a bishop may collate by lapse after six months , upon failure of the clerks shewing his letters of orders , or his letters missive or testimonial ? . in what case tempus occurrit regi in point of lapse . . in what cases the king having title of lapse may lose his presentment . ( . ) lapsus , or lapse , is a slip or departure of a right of presenting to a void benefice , from the original patron neglecting to present ( within six months next after the avoidance ) to the ordinary . whence it is commonly said , that that benefice is in lapse or lapsed , whereunto he that ought to present , hath omitted or slipped his opportunity a . this lapse may happen and be , the patron being ignorant of the avoidance , as well as if he were acquainted therewith or privy thereto , except only upon the resignation of the former incumbent , or the deprivation upon any cause comprehended in the statute of eliz . cap. . in which cases the bishop ought to give notice thereof unto the patron . in this matter of lapse there are three gradations , ab inferiore ad superiorem , after the neglect of the true original patron , upon whose default ( ) the bishop of the diocess , within whose precincts the vacant benefice lies , shall collate , unless the king be patron . ( ) if the bishop presents not within the next six months , then the metropolitan shall present : and ( ly ) if he present not within the time by law limited , then the king shall present , for that he is patron paramount of all the benefices within his realms ; as also because the king and his progenitors , kings of england , have had authority time out of mind to determine the right of patronages in this realm in their own courts , whence lies no appeal to any . foreign pretended power . the rosell summist indeed makes more gradations in this matter , as from the patron to the chapter , from the chapter to the bishop , from the bishop to the metropolitan , from the metropolitan to the patriarch , and if none such , then to the pope . sed hoc nihil ad nos , part of whose happiness is an index expurgatorius of the last recited premisses . and although the law is , that the ordinary shall present , in case the patron doth not within six months ; yet the law withal is , that if the patron present before the ordinary put in his clerk , the patron of right shall enjoy his presentation b . and if the ordinary surcess his time limited , he loses his power as to that presentation , specially if it be devolv'd to the king : and when the presentation is in the metropolitan , he shall put in the clerk himself , and not the ordinary ; and so there is no default in the ordinary , though he present not the clerk of the patron , if his time be past , in which case there is no remedy for the patron against the ordinary c . this matter of lapse is of very ancient practice , for mich. . e. . b. rot. . staff. the bishop of coventry and lichfield pleaded a collation by lapse authoritate concilii against the prior of landa to the church of patingham . and e. . rot. paten . membra . in a quare non admisit by the abbot of st. mary eborum against the bishop of norwich , the bishop made a title by lapse , viz. that he collated authoritate concilii post lapsum semestre , &c. and there afterwards in the judgment it is said , quia tempus semestre authoritate concilii non incipit versus patronum nisi à tempore . scientiae , mortis , &c. ( q. what council is here meant or intended ) for p. e. . b. rot. . it appears that lapse was given per concilium lugdunense post tempus semestre : the like also in a writ in the time of e. . cited by sir ed. co. . in catesby's case , d ; yet in bracton the lapsus temporis is de constitutione lateranensi e . and yet britton , fo . . speaks of the tempus semestre or the six months according to the council of lions ; but mr. selden in his book of tithes , . says , that the manuscripts of breton have lateran for lions ; and in fol. . holds , that this lapse was received in the laws of this realm out of the general council of lateran , held in the year h. . as the learned serjeant roll observes in his abridgment on this word of lapse , where he also cites hovenden , fo . . asserting , that among the canons of the council of lateran under alex. . held under alex. . an. . in the time of king hen. . there is a canon in these words or to this effect , viz : cum vero praebendas ecclesias seu quaelibet officia in aliqua ecclesia vacare contigerit , vel si etiam mod● vacant , non diu maneant in suspenso , sed infra sex menses personis , quae digne administrare valeant , conferantur ; si autem episcopus , ubi ad eum spectaverit , conferre distulit , per capitulum ordinetur . and before the said council the patron was not limited to any time , but might present at his pleasure without any lapse f . touching other presidents of great antiquity relating to this subject of lapse , the reader is here referred to that learned serjeant rolle , in the forecited place of his abridgment . and although according to the gradations aforesaid the lapse devolves from the patron to the bishop , from the bishop to the archbishop , from the archbishop to the king ; yet if after lapse incurr to the metropolitan , and before collation by him made the patron present , he may present to the ordinary of the diocess , without presenting to the metropolitan . contra h. el. b. r. per popbam g ; for thereby he seems to redeem his neglect . but yet if lapse devolve to the king , and then the inferiour ordinary collate by the lapse , and his clerk be instituted and inducted , it seems this doth not make a plenarty against the king to put him to his quare impedit , but he may notwithstanding present and oust the clerk of the ordinary ; for when lapse incurrs to the king , it cannot be taken away by the ordinary : and then when the ordinary collates without good title , it makes not any plenarty against him who hath the right as the king hath to present ; for a lapse incurring to the king is not like that which incurrs to the metropolitan h . but if a patron present , and his clerk be instituted , and remain eighteen months without induction , in that case there doth not any lapse incurr to the king ; for the king hath not any lapse , but where the ordinary might have had it before i . but if a bishop dies , whereby the temporalties are in the kings hands , if during that time the six months pass , whereby a lapse happens , the king shall have it , and not the guardian of the spiritualties k . nor doth an admittance of a resignation by fraud , take away the kings title ; for in comber's case against the bishop of cicester , where the issue in a quare impedit was , if s. r. by covin between him and c , and r. did resign into the hands of the said bishop , if the king hath title of lapse , and a resignation be made by fraud , and one admitted , this shall not take away the kings title , for if the kings title appear upon record , then shall go out a writ for the king ; but otherwise it is upon matter of evidence , the king doth lose his presentation as well by resignation as by death , where he hath title to present by lapse , and doth not , except the resignation be by fraud l . and in the case of the queen and the archbishop of york and bucks , it was resolved by the justices , that a collation , although double or treble , cannot be an usurpation against the king to put him out of an advowson m . ( . ) the canon law allows two months more to an ecclesiastical , than to a lay-patron , ere the lapse shall be incurr'd ; the former having by that law six months to present , the latter but four. summ. angel. tit . jus patronat . § . . so the law of scotland : pars . couns . par . . c. . we need not enquire into the reason of that difference or disproportion ; let it suffice the laity , that it was the canonists pleasure to have it so , for reasons best known to their own interest ; the common law impartially levels them both to one and the same equal standard of six months . by the common law of england , as well clerks as laicks have six months to present before the lapse incurr : dr. & stu. . b. per la com. ley de scoce laici patroni quadrimestre , ecclesiastici vero sex mensium spatium habent sibi concessum ad praesentandum personam idoneam ecclesiae vacanti . skene . regiam majestatem , . b. but jac. . pl. . cap. . pl. . cap. . pl. . cap. , . concedit patrono laico spatium sex mensium , infra quod praesentare debet . the question is not so much , when the term shall end and determine , as when it shall commence , and from what time the six months shall be computed . the answer falls under a double consideration , or is diversified according to the divers manners of avoidances ; for if by death , creation , or cession the church be void , then the six months shall be computed from the death , creation , or cession of the last incumbent , whereof the patron is to take notice at his peril : but if the avoidance be by resignation or deprivation , then the six months shall begin from the time of notice thereof given by the bishop to the patron , who is not obliged to take knowledge thereof from any other , than by signification from the bishop n . but in case the avoidance were caused by an union ( for so it might be ) then the six months should be computed from the time of the agreement upon that union ; for in that case the patron was not ignorant of , but privy to the avoidance ; for there could be no union made , but the patron must have the knowledge thereof ; and then it was to be appointed who should present after the union , as whether one or both , either joyntly or by turns one after another , as the agreement was upon the union o . ( . ) the continuance of a voidance of a church by the several lapses of patron , bishop , and archbishops , derives the title of presentation at last to the king as patron paramount of all the churches in england ; and wherever the original patron by law ought to take notice of a voidance at his peril , there and in such case by a non-presentation within six months from the time of such voidance the lapse will ever incurr : and generally by the admission , institution , and induction to a second benefice , prima ecclesia vacat de persona of the incumbent , & vacans continuat till new induction p . but when an archbishop , bishop , or other ordinary hath given a benefice of right devolute unto him by lapse of time , and after the king presenteth , and taketh his suit against the patron , who possibly will suffer that the king shall recover without action tried , in deceipt of the ordinary or the possessor of the said benefice ; in such and all other like cases , where the kings right is not tried , the archbishop , bishop , ordinary , or possessor , shall be received to counterplead the title taken for the king , and to have his answer , and to shew and defend his right upon the matter , although that he claim nothing in the patronage q : so that the ordinary may counterplead the kings title for a benefice fallen to him by lapse . also when the king doth make collation or presentment to a benefice in anothers right , the title whereupon he groundeth himself , may be well examined , that it be true ; which if before judgment it be by good information found to be otherwise , the collation or presentment thereof made may be repealed , whereupon the true patron or possessor may have as many writs out of chancery as shall be needful . there are some r statutes ( the king not being bound by lapse of time , for nullum tempus occurrit regi ) which are good remedies and reliefs for the ordinary that hath collated by lapse , as also for the clerk that is collated ; for otherwise a common person might by practice have turned out a lawful collatee : to which purpose the lord hobart doth instance in a case ; a common person no true patron presents within six months , and the true patron himself presents not in time , whereupon the ordinary collates by the lapse , against whom the pretender brings a quare impedit , because his clerk was refused , wherein he must needs prevail , if his title be good : and it must be taken for good , because neither ordinary nor incumbent could deny it ; for de non apparentibus , & de non existentibus eadem est ratio ; which inconvenience is remedied by the said stat. of e. . c. . note , that lapse doth not incurr to the ordinary by reason of his not examining the clerk within six months . trin. jac. b. r. inter palmer & smith . resolved per cur. ( . ) if a plea be depending between two parties , and it be not discussed and determined within six months , the bishop may present by lapse , and he that hath the right to present , shall according to the statute recover his dammages s . but it is expresly provided by the statute of eliz. . that no title to collate or present by a lapse shall accrue upon any deprivation ipso facto , but after six months after notice of such deprivation given by the ordinary to the patron t . but if the church become void by death , creation , or cession of the last incumbent , the patron is at his peril to take notice of such avoidances within the next six months thereof u . but if it become void by deprivation or resignation , the clerk is not obliged to tender his presentation to the bishop , nor the patron obliged to present his clerk , but within six months next after notice legally given him by the ordinary of the avoidance by such deprivation or resignation x ; which six months are to be calculated or computed by days , and not by days to the month y . nor is there any addition of time over and above the six months allowed the patron to present from the vacancy a second clerk , in case the former were legally refused by the bishop z . yet the ordinary may not take advantage of the lapse , in case the patron present his clerk , before the other hath collated a ; though it be otherwise with the canonists : lindw . c. si aliquo evincente , &c. verb. injuria . but if the bishop collate , and the patron present before induction , in that case it seems he comes too late b . and at the common law sir simon degge in his parsons counsellor makes it a doubtful question , if the church lapse to the king , and the patron presents before the king take advantage of the lapse , whether this shall avoid the kings title by lapse ? this ( says he ) is a question by dyer c , though hobart seems to be clear in it , that the king shall not have the benefit of the lapse d ; but adds that divers authorities are against them e . and in the cases aforesaid , wherein notice of avoidance ought to be given to the patron before the lapse can incurr , the patron is not obliged to take notice thereof from any person other than the bishop himself , or other ordinary f ; which also must be given to the patron personally , if he live in the same county ; and if in another county , then publication thereof in the parish-church , and affixed on the church-door , will serve turn , if such notice doth express in certain ( as it ought to do ) the cause of the deprivation , &c. g : as upon deprivation of an incumbent for not reading the articles of religion , the ordinary is to give the patron notice thereof , which notice ought to be certain and particular h . before lapse can incurr against a patron , notice of his clerks being refused by the ordinary for insufficiency , must be given to the person of the patron , if he may be found , and it is not in that case sufficient to fix an intimation thereof on the door of that church to which he was presented . d. el. . . b. adjudged . ( . ) it is said , that a lapse is not an interest naturally , as is the patronage , but a meer trust in law. and if the six months be incurred , yet the patrons clerk shall be received , if he be presented before the church be filled by the lapse i . observe eliz . dyer . for it seems by that case , that the patron should present against the kings lapse , for he hath dammage but for half a year . and hob. chief justice says , that a lapse is an act and office of trust reposed by law , in the ordinary , metropolitan , and lastly in the king ; the end of which trust is to provide the church of a rector , in default of the patron ; and yet as for him , and to his behoof . and therefore as he cannot transfer his trust to another , so cannot he divert the thing wherewith he is entrusted to any other purpose . nor can a lapse be granted over , as a grant of the next lapse of such a church , neither before it fall , nor after . if the lapse incurr , and then the ordinary die , the king shall present , and not the executors of the ordinary : for it is rather an administration than an interest ; and the king cannot have a lapse , but where the ordinary might have had it before k if an infant-patron present not within six months , the lapse incurrs . the law is the same as against a feme-covert , that hath right to present . e. . qua. impedit , . ( . ) in the first paragraph of this chapter it is said , that tempus semestre authoritate concilii non incipit versus patronos nisi à tempore scientiae mortis personae , that is , of the last incumbent p and so adjuged upon a writ in the time of e. . q , and said to be per legem & consuetudinem regni hactenus usitatas . as if the incumbent die beyond sea , the six months are not computed from the time of his death , but from the time of the patrons knowledge thereof ; and so it was adjudged in a quare non admisit between the abbot of st. mary eborum and the bishop of norwich , as aforesaid r for the six months are not reckoned from the death of the last incumbent , but from the time the patron might ( according to a reasonable computation , having regard to the distance of the place where he was at the time of the incumbents death , if he were within the realm at that time ) have come to the knowledge thereof ; for he ought afterwards to take notice thereof at his peril , and not before , for that he was in some other county than that wherein the church is , and wherein the incumbent died s . and if the ordinary refuse a clerk for that he is criminous , in that case the patron shall not have six months to present after notice thereof given him , but of the avoidance t . the law is the same in case of refusal by reason of illiterature u : but if the church be void by resignation or deprivation , the six months shall be computed from the time of notice thereof given to the patron , and not from the time of the avoidance x : yet if the ordinary refuse a clerk because he is criminous , he is to give notice thereof to the patron , otherwise the lapse doth not incurr y . so likewise , if he be refused for common usury , simony , adultery , or other notorious crime , notice thereof ought to be given to the patron , otherwise the lapse doth not incurr z . a lay patron ought to have notice ere the lapse shall incurr , in case his clerk be refused for illiterature , otherwise as to a spiritual patron , because the law presumes , he might well know of his insufficiency before he presented him a . and if the bishop who took a resignation dies , the lapse doth not incurr to his successor without notice to the patron b . ( . ) in a quare impedit the defendant pleaded , that he demanded of j. s. the presentee of the plaintiff to see his letters of orders , and he would not shew them , and also demanded of him his letters missive or testimonial , testifying his ability ; and because he had not his letters of orders , nor letters missive , nor made any proof of them to the bishop , he desired leave of the bishop to bring them , who gave him a week ; and he went away and came not again , and the six months passed , and the bishop collated by lapse : it was adjudged in this case , that these were no causes to stay the admittance of the clerk , for the clerk is not bound ( understand it only at common law ) to shew his letters of orders and letters missive to the bishop , but the bishop must try him upon examination c . ( . ) a parson of the church of s. of the value of ten pound , took a second benefice without a dispensation , and was instituted and inducted , and continued so for twelve years : the patron presented j. s. who was instituted and inducted , and so continued divers years , and died . the queen presented the defendant c. ratione lapsus in the time of a. who was instituted and deducted . b. the patron brought a quare impedit against the ordinary and c. it was held by the justices , that the writ did well lie ; and that tempus occurrit reginae in this case , and that last clerk should be removed . and it was held by the justices , that upon a recovery in a quare impedit , any incumbent that comes in pendente lite should be removed . ( . ) in the case between cumber and the bishop of chichester , it was resolved ( ) if title of lapse accrues to the king , and the patron presents , yet the king may present at any time as long as the presentee is parson ; but if he dies , or resigns before the king presents , he hath lost his presentment . ( . ) if the king hath title by lapse , because a parson hath taken a second benefice , if the parson dies , or resigns his first benefice , and the patron presents , whose presentee resigns upon covin and dies , the king hath lost that presentment e . chap. xxiii . of collation , presentation , and nomination . . what collation is , and how it differs from presentation . . collation gains not the patronage from the crown . . the ordinary's collation by lapse is only in the patron 's right . . what presentation is , and how in ease of co-heirs , or joynt-tenants , or tenants in common . . whether the grantee of the next presentation , not presenting at the first avoidance , shall lose the benefit of his grant ? . the right of presentation is not an ecclesiastical , but temporal inheritance , and cognizable at the common law. . the power of the ordinary in case of coparconers , joyntenants , or tenants in common , as to presentation . . in what case the bishop hath election , whose clerk he will admit . . whether a presentation is revokable before institution ? . whether the son may succeed his father in the church ? and who may vary from , or repeal his presentation . . what nomination is , and the qualifications thereof . . in what case the presentation is the nomination , or both as one in law. . in what case the nominator shall have a quare impedit , as well as he that hath right of presentation ; and there may be a corrupt nomination , as well as a corrupt presentation . . whether the collatee be incumbent , if the bishop collate him within the six months ? and in what case the kings presentation within the six months may be an vsurpation or not . . where the ordinary collates , the patron is to take notice of it at his peril . . who shall present in case the ordinary , to whom a lapse is devolved , be within the six months translated to another bishoprick . . a resignation to a proctor , without the bishops acceptance , makes not the church void . . a parochial church may be donative , exempt from the ordinary's jurisdiction , and is resignable to , and visitable by the patron , not the ordinary . . where two are to present by turns ; what presentation shall serve for a turn , or not . . by the canons the son may not succeed the father in the same church . . to what a presentation may be made . . the kings right of presentation as supream patron . . in what case the kings prerogative to present doth not take place . . in what cases it doth . . to whom the patronage of an archbishoprick belongs . . whether alien ministers are presentable to a church in england ? . in what cases the patron may present de novo . . difference between the king and a common person in point of presentation . . a collation makes no plenarty where it is tortious . . presentation may be per parol as well as by writing . . what amounts to a revocation of the king's presentation . . causes of refusal of the clerk presented . . certain law cases pertinent to this subject . . whether institution granted after a caveat entered , be void ? . what shall be held a serving of a turn , and good plenarty and incumbency , against a patron in severalty . . a clerk refused by reason of his not being able to speak the welsh language . . what is the best legal policy upon every presentation by vsurpation . . one of two grantees of an advowson , to whom the other hath released , may present alone , and have a qua. imp. in his own name . . a clerk refused for insufficiency by the bishop , may not afterwards be accepted . ( . ) collation in its proper signification , is the bestowing of a benefice by a bishop that hath it in his own proper right , gift , or patronage ; distinguish'd from institution only in this , that institution into a benefice is at the instance , motion , or presentation of the patron , or some other having pro tempore the patrons right , performed by the bishop . extra . de instit . & de concess . praeben . &c. but collation is , not only when the person is admitted to the church or benefice by the bishop or other person ecclesiastical , but also when the bishop or that other ecclesiastical person is the rightful patron thereof ; or when the bishop or ordinary hath right to present for lapse of the patron : and yet sometimes collation is and hath been used for presentation a . and so presentation , nomination , and collation , are commonly taken for one and the same thing in substance , though at times distinguished b : and whereas it hath been a question , if one hath the nomination , and another the presentation , which of them shall be said to be the very patron ; it hath alwaies been taken to be the better opinion , that he who hath the nomination , is patron of the church . and where an abbot had the presentation , and another the nomination , and the abbey surrendred to the king ; he that hath the nomination shall now have all ; for the king shall not present for him , that being a thing undecent for the king c . but as to collation and presentation , they were in substance one and the same thing , as aforesaid d : but to speak properly , collation is where the bishop himself doth freely give a benefice , which is of his own gift by right of patronage or lapse e . this word [ collation ] seems also to be frequently used when the king presents ; and hence it is that there is a writ called [ collatione facta uni post mortem alterius , &c. ] directed to the justices of the common pleas , commanding them to direct their writ to a bishop , for the admitting one clerk in the place of another presented by the king , which clerk ( during the suit between the king and the bishops clerk ) is departed this life : for judgment once given for the kings clerk , and he dying before his admission , the king may bestow his presentation on another f . this collation , presentation , and nomination , are in effect synonima , being distinguished only in respect rather of persons , than of things . ( . ) yet there may be a great difference betwixt presentation and collation , which gains not the patronage from the king , as appears in the case of the queen against the bishop of york , where the queen brought a quare impedit against the said bishop , and one monk , and counted upon a presentment made by king hen. . in the right of his dutchy of lancaster , and so conveyed the same to the queen by descent : the bishop pleaded , that he and his predecessors have collated to the said church , &c. and monk pleaded the same plea , upon which there was a demurrer . and it was moved by beaumont serjeant , that the plea is not good , for a collation cannot gain any patronage , and cannot be an usurpation against a common person , much less against the queen , to whom no lapses shall be ascrib●d : and although the queen is seized of this advowson in the right of her dutchy , yet when the church becomes void , the right to present vests in the royal person of the qu. and yet vid. the old regist . . quando rex praesentat non in jure coronae , tunc incurrit ei tempus . hamm. serj. by these collations the queen shall be put out of possession , and put to her writ of right of advowson ; but the same ought to be intended , not where the bishop collates as ordinary , but where he collates as patron , claiming the patronage to himself , for such a collation doth amount to a presentation ; and here are two or three collations pleaded , which should put the queen out of possesion , although she shall not be bound by the first during the life of the first incumbent . vid. br. quare impedit , . upon the abridging of the case of e. . . that two presentments the one after the other shall put the king out of possession , and put him to his writ of right of advowson , which anderson denied . and it was holden by the whole court , here is not any presentation , and then no possession gained by the collations : and although the bishop doth collate as patron , and not as ordinary , yet it is but a collation . and there is a great difference betwixt collation and presentation ; for collation is a giving of the church to the parson , but presentation is a giving or offering of the parson to the church , and that makes a plenarty , but not a collation g . ( . ) the collation of the ordinary for lapse is in right of the patron , and will serve him for a possession in a darrein presentment , as appears by colt and glover's case against the bishop of coventry and lichfield , where it is said , that the ordinary , or he that presents by lapse , is a kind of attorney made by law , to do that for the patron , which it is supposed he would do himself , if there were not some lett ; and thefore the collation by lapse is in right of the patron , and for his turn , e. . . and he shall lay it as his possession for an assize of darrein presentment , h. . . h . it seems also by gawdy's case against the archbishop of canterbury and others , that although a bishop collate wrongfully , yet this makes such a plenarty as shall barr the lapse of the metropolitan and the king i and this collation by lapse is an act and office of trust reposed by law in the ordinary , metropolitan , and king ; the title of lapse being rather an administration than an interest , as in colt's case aforesaid ; which title of collating by lapse may be prevented by bringing a quare impedit against the bishop : also where and in what cases the bringing of that writ against the bishop shall or shall not prevent such collation , appears in the case of brickhead against the archbishop of york , as reported by sir hen. hobart chief justice k . ( . ) presentation is the nomination of a clerk to the ordinary to be admitted and instituted by him to a benefice void , and the same being in writing , is nothing but a letter missive to the bishop or ordinary , to exhibite to him a clerk to have the benefice voided , the formal force hereof resteth in these words , viz. praesento vobis clericum meum . thus presentation properly so called , is the act of a patron offering his clerk to the bishop , to be instituted in a benefice of his gift l . it is where a man hath a right to give any benefice spiritual , and presents the person to the bishop , to whom he gives it , and makes an instrument in writing to the bishop in his favour ; and in case there be divers coheirs , and they not according in the presentation , that which is made by the eldest of the coheirs , shall be first admitted ; but if it be by joyntenants , or tenants in common , and they accord not within six months , the bishop shall present by lapse m . by the statute of eliz. cap. . a presentation of an infant to a benefice is void . and although a presentation , being but the commendation of a fit person by the patron to the bishop or ordinary to be admitted and instituted into a benefice , may be done either by word alone , or by a letter or other writing , yet the grant of a next avoidance is not good without deed n . but a presentation , being no other than a commendation of a clerk to the ordinary ( as aforesaid ) and only a thing concerning an advowson , without passing any interest of the inheritance of the advowson , may be done by word only ; upon which ground it was resolved by the whole court , that the kings presentation unto an advowson appendant to a mannor parcel of his dutchy , under the great seal of england , without the seal of the dutchy , was well made , and good o : yea , and for the same reason , for that a presentation is but a commendation , and toucheth not the inheritance , was the kings presentation to the deanary of norwich held good , albeit in the said presentation he mistook and mis-recited the name of the foundation of the deanary p . ( . ) a. seized of an advowson in fee , grants praesentationem to b : quandocunque & quomodocunque ecclesia vacare contigerit , pro unica vice tantum ; in the grant there was further this clause , viz. insuper voluit & concessit , that the grant should remain in force quousque clericus habilis & idoneus shall by his presentation be admitted , instituted , and inducted . afterwards a. grants away the advowson in fee unto s. the church becomes void . s. presents . the church becomes void again . s. presents g. upon a disturbance of m. the presentee of b. the first grantee , a quare impedit is brought . the question was , whether b. the first grantee , not presenting upon the first avoidance , had lost the benefit of his grant ? in this case it was adjudged by the whole court , that although a. the grantor grants donationem & praesenta●ionem , quandocunque ecclesia vacare contigerit , pro unica vice tantum ; yet b. ought to have taken the first presentation that happened , and hath not election to take any turn other than the first , when the church first became void ; and by his neglect in not presenting then , had lost the benefit of his grant ; and the subsequent words in the grant are but only an explanation of the words precedent , and relate to the next avoidance q . ( . ) the right of presentation is a temporal thing , and a temporal inheritance , and therefore belongeth to the kings temporal laws to determine , as also to make laws who shall present after six months as well as before , so as the title of examination of ability or nonability be not thereby taken from the ordinary . the law is the same touching avoidances , for it shall be judged by the kings temporal laws , when and whether the church may be said to be void or not ; the cognizance whereof doth not belong to the kings ecclesiastical laws ; and therefore where a parson is made a bishop , or accepts another benefice without license , or resigneth , or be deprived : in these cases the common law would hold the church void , albeit there were any ecclesiastical law to the contrary r : and it is sufficient for the ordinary's discharge , if the presentee be able , by whomsoever he be presented ; which authority is acknowledged on all sides to have been ever inherent in the ecclesiastical jurisdiction : but as to the right of presentation it self , to determine who ought to present , and who not , and at what time , and when the church shall be judged to become void , and when not , all these appertain to the kings temporal laws . and in case it happen that the king present not , where of right he may , in such case the ordinary may pro tempore depute a fit person to serve the cure ; as in like case he may , where there is a default or neglect in other patrons to present , and do not s . ( . ) if the patrons be joynt-tenants , or tenants in common of the patronage , and they vary or differ in their presentations , the ordinary is not in that case bound to admir either of their clerks , nor him that is presented by the major part : and if the six months expire ere they agree , the ordinary may present by the lapse ; but within the six months he may not ; for if so , and the patrons accord , they may bring a quare impedit against him as a disturber , and remove his clerk. but in case the patrons have the patronage by descent as coparceners , then is the ordinary obliged to admit the clerk of the eldest sister , who hath the precedency by law in the presentation , if she so please , after which and at the next avoidance the next sister shall present , and so in order by turn one sister after another till all the sisters or their heirs have presented , and then the eldest sister shall present again , and this is called a presenting by turn , which holdeth alwaies between coparceners of an advowson , unless they agree to present together , or in some other manner by way of composition , which if so , then the agreement ought to hold good . yet here note , that if after the death of the common ancestor , the church happening to be void , the eldest sister together with another of the sisters , presents , and the other sisters severally and each in her own name , or joyntly and altogether ; in this case the ordinary is not obliged to receive any of their clerks , but may suffer the church to run into the lapse ; for there is no obligation on the ordinary to admit the clerk of the eldest sister , but where she presents in her own name only . and in such case of variance or difference among the patrons touching the presentation , the church is not properly said litigious , obliging the ordinary at his peril to direct a writ to enquire de jure patronatus , which writ lieth only where two or more present under pretence of several titles , but in this case all the patrons present under one and the same title ; for which reason the ordinary may , if he please , suffer it to pass into the lapse t . ( . ) suppose a patron presents to a church void , and before the admission of the clerk the patron dies ; after his executors ( before such admission ) present another clerk. q. whether the archdeacon ought to receive the clerk of the testator , or of the executors ? the opinion of the whole court : was , that the bishop should have election therein u . and in case an agreement be made by way of composition between divers claiming one advowson , and enrolled , or by fine , that one shall successively after another present in such an order certain ; and after one hath presented , he to whom at the next avoidance the second presentation doth belong , is disturbed by any that was party to the said fine , or by some other in his stead : in such case it is provided , that such so disturbed shall not be put to the quare impedit , but their resort to the roll or fine shall be sufficient , where if the concord or agreement be found , the sheriff shall be commanded , that he give knowledge to the disturber , that he shew by such a time certain ( as fifteen days , or three weeks ) if he can alledge any thing , wherefore the party that is disturbed , ought not to present ; and if he appear not , or appearing alledge nothing sufficient in bar , he shall recover his presentation with dammages x . ( . ) in the case of evans and ascough it was the opinion of doderidge , that a bishop hath no more in a church by election , than a parson hath by presentation . and that if a man present to a church , yet any time before institution he may revoke it , and present another ; and if in that case the bishop will institute the first , a quare impedit will lie against him y . but if the patron present one , and he be admitted by the ordinary , he cannot in that case vary from his presentation : as was also held by doderidge in stoke's case against styles z ; where he further said , that it was out of all question at the common law , that before admission by the ordinary the lay-patron may revoke his presentation ; because a presentation is no other than a commendation , which may be by word only : and if the case be , that one hath the nomination , another the presentation , the presentation and nomination are all one . it was then said by whitlock , that in the canon law it is allowed to a lay-man to vary , but not to a spiritual man ; but at the common law it is all one . doderidge and jones seemed to give the reason thereof , when they said , that it may be intended , that a lay-man cannot at first so well judge , or is able to discern of the sufficiency of the party presented , but a spiritual-man may . quaere ; if after admission of the patrons presentee he doth afterwards again present another to the ordinary , and the ordinary admit , institute , and induct the last presentee , what remedy for the first ? so if a spiritual person change his presentation by the consent of the ordinary , what remedy for the first after induction of the second a ? ( . ) to the same purpose with the premisses is that which is reported in stoke's case against sykes ; the case is this , viz. a lay-patron , having the next avoidance of a church after the death of one stokes , father of the plaintiff , then incumbent of the said church , after the fathers death presented stokes's son , whom the bishop refused , for that by the canon law filius patri non potest in ecclesia succedere . whereupon the patron presented sykes ; and now stokes obtains a dispensation non obstante the canon . notwithstanding the ordinary doth institute sykes , and causeth him to be inducted . whereupon stokes doth sue sykes and the ordinary in the delegates ; and now banks prays a prohibition , and by all the justices it was granted . and jones said , that he had known it to be thrice so granted in the like case , ( viz. ) in the time of justice gawdy , as also in the time of justice coke in the common pleas , where both parsons claimed by one patron : but doderidge there held , that the canon before-mentioned doth not hold in this church ; and so said doderidge was the opinion of a learned civilian : so by the canon law a man cannot have that woman in marriage , whom he had in avowry before ; yet that canon doth not hold in our church . doderidge said , that the civilians hold , that a lay-patron cannot revoke his presentation , but he may cumulando variare , and so the ordinary hath election to institute which of them he will ; but that a spiritual patron cannot vary at all . but he said , that at the common law it is out of question , that a patron before institution may revoke his presentation : and if the patron present one , and the ordinary admit him , but will not give him institution , duplex quaerela lies against the ordinary , to enforce him to do his duty : but if both parsons claim by one patron , and the one sues a duplex quaerela , a prohibition lies not before institution . but jones denied it , and said , that it had been resolved to the contrary . doderidge said , that in that case the induction was pendente lite b and in calvert's case against kitchin it was said , that they king may revoke his presentation , and by the same reason may present another , before his presentee is instituted ; for proof whereof it was said , that a common person may recall his presentation before the institution , &c. for which was vouched the book of e. . tit . quare impedit , . the abbot of leicesters case , although that dyer citing it , eliz. fo . . conceives the book contrary ; but it seems to be in reason that the law is clear , that a lay-patron may change , although that a spiritual patron cannot , and the reason is ( as aforesaid ) because a lay-person did not know his sufficiency perhaps at the first ; but a spiritual person by intendment may inform himself thereof well enough , and therefore was vouched h. . and kellway's reports , which plainly proves that diversity : and by the eliz. fo . . in coleshil's case it is said , that when the king hath presented , a repeal by him ought not to be admitted after institution : and by dyer . in yatton's case , the king may repeal his presentation by a new presentation , without mention made of the former , except that the second presentation be obtained by fraud . also the king may present by paroll , as was said by sir ed. coke in the lord windsors case , and as appears by eliz. dyer , as was vouched by bromley baron in the foresaid case of calvert against kitchin ; where it was said by altham baron , that by the kings death his presentation determines ( understand it , before institution ; ) and so it is said in e. . . tit . quare impedit , . that a presentment made by a bishop becomes null and void by his death . and in ed. . . if a bishop present and die before , &c. the king shall present anew c . ( . ) nomination , is a power , that by virtue of a mannor or otherwise a man hath to nominate or appoint a clerk to a patron of a benefice , by him to be presented to the ordinary for the same ; where note , ( ) that it may be in right of a mannor , or otherwise . ( ) that the clerk nominated ought to be a person fit , able , and worthy . ( ) that it may be to a parsonage , vicarage , or other spiritual promotion . ( ) that it ought to be to another than the ordinary , which other shall present him to the ordinary d . and if one hath a right to have the nomination of a clerk to a benefice , and another disturbs him , he cannot have a quare impedit ipsum nominare ad ecclesiam ; but the writ shall be quod permittat ipsum praesentare : and the count shall be , that of right he ought to name a clerk to such as one who ought to present him to the bishop , and that a stranger doth disturb him of his nomination ; and in case he doth recover , the judgment shall be quod episcopus admittat clericum ad nominationem suam e . ( . ) if a. b. doth grant unto j. s. that he shall name a clerk to him to the church of c. when it shall become void , and that a. b. shall present unto the bishop the clerk which j. s. shall nominate to him ; in that case the presentation is in j. s. and he shall have a quare impedit , for all the profit is in him : and the grant of the nomination and presentation is all one . but if a. b. doth grant unto j. s. that he shall nominate to him two clerks , whereof a. b. shall present one ; in that case the presentation is not given to j. s. the grantee , because it is in the election of a. b. which of the two shall have the benefice : and this was the opinion of the justices in smith and clayton's case f . ( . ) if a. hath the nomination to an advowson , and b. the presentation , if a. nominates c. for his clerk , and b. that should present c. doth present d. for the clerk ; a. that hath the nomination , shall have a quare impedit , and the writ shall be quod permittat eum praesentare , albeit a. had but the nomination : otherwise he should be without remedy ; for in such cases where the party can otherwise have no right done him , the law will admit such writ , albeit the words therein be improper g . and if he who had but a nomination , corruptly agree to make a presentation , or nomination , this nomination shall be forfeited to the king , within the statute of eliz. cap. . as was said in calvert's case against kitchin and parkinson h ; and as it is said in plowden , in hare , and bickley's case , he who hath the nomination , hath the effect of the advowson . yet ( as in the said case of calvert ) this diversity seems to be good , that if a. hath the presentation , and b. the nomination to a benefice , and the presentor upon a corrupt agreement , make a presentation unknown to the nominator , here the nominator shall not be prejudiced within the statute of eliz. cap. . i . ( . ) in green's case vouched by atthowe serjeant in the case of the king against the archbishop of canterbury and one thomas prust , upon a quare impedit brought by the king , it is said , that if the bishop collate before the six months incurr , the collatee is incumbent , but the patron may present at any time aster , for that fills the church , but not against the patron , and hinders that no lapse may incurr to another . in sir gawdy's case for the church of w. the church there became void , and within fourteen daies after the king presented one to it jure prerogativae ; the presentee continues possession above thirty years , and then the mannor and the advowson came to sir henry gawdy ; the church is void , and the king presents again , and was disturbed by sir henry . for that the king brought a quare impedit : and adjudged , that the presentation of the king within the six months was not an usurpation : but if he had presented in his own right , there should have been an usurpation . when a title by lapse is in the king , if any present , the king may remove him during his life by quare impedit . all this appears by baskervil's case ; but if the incumbent die , the term of the king is gone ; and if he resign not , the king may present during the life of the incumbent : and that was a grand inconveniency , that after so long possession in that manner , the incumbent may be removed by the king , &c. vid. the case of the king against the archbishop of canterbury and thomas prust , clerk. trin. car. hetley's reports . ( . ) if an incumbent resign , and the usurper present within six months , and is in for six months , no notice being given to the patron of the resignation ; yet that shall bind him , and he shall be put to his right of advowson . otherwise if the ordinary had collated ; because the induction is notorious to the country , and the patron ought to take notice of it at his peril , to prevent the usurpation of an estranger k . ( . ) there was a question upon a demurrer in law , if a lapse devolves to the ordinary , and within those six months the ordinary is translated to another bishoprick ; whether the king or his metropolitan shall present to that lapse , in default that the patron does not present ? noy attorney , that the guardian of the spiritualties shall present whosoever he be . vid. dyer . pl. . l . ( . ) in a quare impedit , it was resolved and agreed by all upon evidence at bar , that a resignation to a proctor , does not make the church void , until it be accepted by the bishop , and acknowledged before him . so that a presentation in the mean time was void m . ( . ) a parochial church may be a donative , and exempt from the ordinaries jurisdiction , and the incumbent may resign to the patron , and not to the ordinary ; nor may the ordinary visit , but the patron by commissioners to be appointed by him . co. lit. . cite hill. jac. b. r. rot. . between fairchild and gaier in trespass for the parochial rectory donative of st. burien in cornwall ; so resolved in that case n . but in such case of a parochial donative , a meer lay-man is not capable thereof , but a clerk in holy orders is ; for although he comes in by way of a lay-donation , and not by admission and institution , yet his function is spiritual . as was resolved in the said case of st. burien o . so that a donative may pass by the gift of a lay-patron , without institution or induction p . ( . ) in a quare impedit the case was this ; a. seized of two parts of an advowson , and b. of the third part : a. presented one who died , afterwards he presented again c , who is deprived mar. because he is a favourer of the religion of e. . b. presented d. who after is deprived , and c. restored . the church void by the death of c. b. presents , and a. brings a quare impedit . it was adjudged that it did not lie : and it was agreed , that if two have title to present by turns , and one presents one who is admitted and instituted , and afterwards deprived for crime ; yet he shall not present again ; but it shall serve for his turn , because the church was full , till a sentence of deprivation came : but when the admission and institution are meerly void , the same shall not serve for a turn : but in this case , although the clerk of b. was incumbent for a time to all purposes , yet when the second sentence came , c. was incumbent again by force of the first presentment , and then when he was dead , b. ought to present at his turn q . in another quare impedit the case was this , viz. the bishop of lincoln , patron and ordinary collated to a benefice in eliz. the incumbent took another benefice without qualification , by which the first was void : the successor bishop eliz. presented one e. but non constat , whether by avoidance , death , or resignation : e. being in , the bishop was translated or removed to winchester : the bishop that then was , certified that e. did not pay his tenths , upon which the church was void , and the bishop collated j. s. to the church . the question was , whether the queen might now avoid the incumbent , to have her presentment , which accrued to her upon the avoidance of the first incumbent , who took a second benefice without qualification . the justices at the first doubted it , but afterwards it was adjudged for the queen against the bishop . pasch . eliz. the queen and the bishop of lincolns case . more ' s rep. ( . ) it is out of the canon law , one of cardinal otho's canons , that ne succedat in ecclesia filius patri , the son may not succeed the father in the same church ; or in case such happen to be so instituted or admitted , they are forthwith to be deprived thereof by the said constitution . const . othon . ne succedat in ecclesia filius patri . this is indeed according to the canon law , though with us not practicable ; by the same law also the son is prohibited to succeed the father immediately in the same prebendy , albeit to have another he is not prohibited ; but if it be where the number of prebends be not definite and certain , there he is not at all by that law prohibited , extr. de si . praes . c. dilectus ; yea , by that law the son may not be a vicar in that church , where the father was rector last , extr. ib. ad extirpandas , &c. michael . but this might be omitted ; for the question , an filius possit beneficiari in ecclesia paterna ? is with us grown too obsolete to admit a negative solution . ( . ) a presentation may be to a deanary r , to an hospital s , and to a chappel t . and if a stranger present to a donative , and his clerk be thereupon instituted and inducted , yet it is meerly void u ; for which reason such institution and induction upon such a presentation shall not make that presentative , which before was donative . but if he that is the true patron of a parochial rectory donative , shall present to the same , and his clerk be thereupon admitted and instituted , that now makes it to become presentative , and it shall never afterwards become donative x . ( . ) if a church become void , to which a bishop hath right to present in respect of his temporalties , in this case , if the bishop happen to die before he hath presented to that church void , the king shall have the presentation , and not the bishops executors y . also if during the vacancy of the archbishoprick of york , and the temporalties being in the kings hands , the deanary becomes void , the king shall present to that deanary , albeit there be a composition between the archbishop and the chapter , that the chapter shall chuse him ; for de jure the patronage thereof belongs to the archbishop , yet the composition cannot bind the king , who comes in paramount as supream patron z . ( . ) although it be admitted , that where a common person incumbent is created a bishop , there the king shall have the presentation of the church for that turn by his prerogative ; yet it seems , if the king grant to an incumbent , before he is created bishop , a dispensation retinere the church with his bishoprick , and afterwards is created bishop and dies incumbent ; it seems the king shall not present to the church by his prerogative , for that the church is not void by his being made a bishop , in which case the prerogative gives the presentation to the king , but by the death of the incumbent , in which case the prerogative doth not take place . hele's case ; there pleaded , that in such case the church is void by death , and admitted , that it belongs to the patron to present upon his death a . ( . ) if a church , whereof a bishop in right of his bishoprick is the patron , becomes void after the death of the bishop and before the seizure of the temporalties , yet the king shall have the presentation b . and if a church belonging to the patronage of a bishop become void , and the bishop present and die before institution , the king shall have that presentation by his prerogative c . so if a bishop die after institution of the clerk , and before induction , the king shall have the presentation by his prerogative d . also if lapse incurr to the ordinary , and before the six months pass the ordinary is translated or dies , it seems the king shall have the presentation , and not the ordinary , or his executors , or the guardian of the spiritualties . p. el. b. dubitatur , hob. rep. . in case of death . but if a bishop having right to present to a prebend , and present his clerk , who is instituted and inducted in the morning , and afternoon the same day the bishop dies , whereby the temporalties come into the kings hands , yet the king in that case may not have the presentation e . ( . ) the patronage of the deanary of an archbishoprick doth of common right belong to the archbishop , and he shall present to the avoidance f . but by composition it may be elective by the chapter , and yet the patronage remain in the archbishop g . and where a parson ought to present to a vicarage , if the vicarage become void during the vacancy of the parsonage , the patron of the parsonage shall present h . ( . ) an alien , who is a minister , may be presented to a church , and anciently it was usual for aliens to have spiritual promotions here , and priors aliens had great possessions in england , and were parsons appropriate i ; yet by the statutes of r. . & h. . french-men are disabled from having benefices in england , and french-men denizon'd : sed qu. whether they continue of force at this day k . and if a meer lay-man , or a man altogether illiterate , be presented , instituted , and inducted , it is not in construction of the common law a meer nullity , but such are parsons de facto ; but if a woman be presented , instituted and inducted , it is a meer nullity at that law , because her incapacity is apparent l . ( . ) if a man present his clerk to the bishop , and he die before he is received , he may present another ; and although a man hath presented his clerk to the bishop , yet he may present another at any time before the bishop shall have received such his clerk m . ( . ) if j. s. present , and his clerk be admitted and instituted ; before induction j. d. cannot present his clerk , for the church was full before as to a common person , for by the institution he had curam animarum : but where a common person presents , and his clerk be admitted and instituted , yet before induction the king ( if he hath right ) may present , and his clerk shall be instituted ; for the church is not full as against the king before induction n . but if the king hath not right to the church , in that case the church is full by the admission and institution of a common person's clerk without induction , as against the king , so as that he may not in that case present o . ( . ) if a bishop collate without any good title of lapse or otherwise , and then the patron die after the six months claps'd , and his executor bring quare impedit by force of the statute of e. . and the bishop and incumbent plead plenarty by six months , it was adjudged no plea on demurrer , for that the collation is not any plenarty , being tortious p . also if a bishop collate without a good title of lapse , it puts not the patron out of possession ; but he may present afterwards , albeit the bishop's clerk were instituted and inducted q . ( . ) a common person may present to a church per parol ; and if it be by writing , yet it is not any deed , but only in nature of a letter to the bishop r . also the king may present either by his letters s , or per parol without writing t . but if the king be deceived in his title , it will be a void presentation u . and if the king grant a presentation by his letters by the words [ damus concedimus ] without other words of presentation , yet it seems it shall amount to a presentation , and be a sufficient warrant for the bishop to institute him . dubitatur e. . quare impedit , . a common person by his letter or his word may make a presentation to a benefice to the bishop ; the king may present by word , if the ordinary be present ; if the king under any seal present , it is good : and mich. jac. it was held by the whole court , that a presentment under the great seal , to a church parcel of the dutchy of lancaster is good , and needed not to be under the dutchy-seal x . where a man accepts a second benefice with cure , without a dispensation or qualification , the first benefice is void , and the patron may present ; but if he doth not present , then if it is under value , no lapse shall incurr until there is a deprivation and notice : but if it be above value , then the patron must present within six months . y . the king seized of an advowson in the right of his dutchy of lancaster , presented to it under the great seal , and not under the seal of the dutchy . and resolved , that the presentation was good , for the presentation is but a fruit fallen from the tree , and the king may present by word , because a presentation is but a commendation of the clerk to the ordinary a . a man seized of an advowson in fee granted to another and his heirs , that when the church should become void , that the grantee and his heirs should nominate a clerk to the grantor and his heirs , and he and his heirs should present him to the ordinary . resolved , that if he who hath the nomination present , he which ought to present shall have a quare impedit against him , and è contra . in beverley and cornwell's case it was resolved , that if any advowson comes to the queen for forfeiture by outlawry , and the church becomes void , and the queen presents , and then the outlawry is reversed for error , yet the queen shall enjoy the presentment , because it came to the queen as a profit of the advowson ; but if the church be void at the time of the outlawry , and the presentment be forfeited as a chattel principal and distinct , and then the outlawry is reversed , the party shall have restitution of the presentment . ( . ) if the king dies before his clerks admission and institution , it is a revocation in law of his presentation b . or if the king present one to a benefice , and then present another to the same without revoking the former , or making any mention thereof ; yet this also is a revocation in law of that former c , unless the second were by fraud or surreptitiously obtain'd . likewise , if the kings presentee dies after institution , and before induction , that also is a revocation in law , because the king had not the effect of his presentation , and so shall present again d . or if the king present , and then before institution revoke the same , but before notice thereof to the ordinary , the ordinary institute and induct him ; yet it seems that presentation is well revok'd in law , and the notice thereof to the ordinary is not material as to the substance of the revocation , but only to discharge him from being a disturber . d. . el. . adjudg'd . dyer makes a quaere thereof . dubitatur d. el. . vid. e. . . & rol. abr. ubi supr . lit . u. ( . ) if the patron , who presents his clerk , be excommunicated , it is a good cause of refusal of the said clerk e ; it is also said to be so hold in the books of the common law f . and where there are three joyntenants of the same advowson , or of the next avoidance , and only one or two of them present , the bishop is no disturber if he refuse the clerk so presented ; for he is not bound to admit the clerk , unless all the joyntenants joyn in the presentation g . but where there are three grantees of the next avoidance , and the church become void , and two of them present the third being a clerk , the ordinary in that case is to admit him , for that he cannot joyn in a presentation of himself , and he may relinquish his title , and accept the presentment of the others h . ( . ) a. the defendant had been parson for three years , and pleaded plenarty generally by six months of the presentation of one styles , a stranger to the writ : and the court held the plea to be naught , because the defendant shewed no title in styles i . ( . ) in the case between phipps and hayter prohibition was granted for the church of t. the suit being in the arcbes after induction to avoid the institution , for that the institution was made after a caveat entered , not to grant institution , &c. for that doth not make the institution void at the common law k . ( . ) in a quare impedit ; a. and b. severally patrons of the moity of the church of s. in fee to present by turns ; a. presents his clerk , who is admitted and inducted . the church is void again , b. presents his clerk , who is likewise inducted , and after is deprived . the bishop collates without giving notice of the deprivation . a. grants his advowson to j. s. in fee ; the clerk collated by the bishop died : b. presenteth , and is disturbed . resolved , ( ) when a. had right to present upon the deprivation , as in his turn ( although the collation of the bishop was not good ) yet it was but a thing in action ; and when he had granted the advowson over , the grantee could not have this thing in action , nor the grantor could not have it , for he had destroyed it , and so none could have it . ( ) resolved , although the grant was sufficient to pass the advowson in fee , yet the collation of the bishop was good against all , but against the very patron , so as he might have removed the incumbent by a quare impedit ; but when he doth not remove him , so as he dies incumbent ; this is as a serving of his turn , and a good plenarty and incumbency against him l . ( . ) in a quare impedit the defendant pleaded , that the divine service there was in the welsh tongue , and the parishioners understood not the english ; and the presentee could not speak welsh , and therefore he refused him : it was the opinion of all the justices , that it was a good cause of refusal of him , for he cannot instruct his flock according to his duty and charge . . but in this case it was held , that notice ought to be given to the patron himself , if he be within the county , if not , publick intimation to be on the church-door . ( . ) in a quare impedit brought in a case between la. and le. it was held , that the king cannot be a disturber ; but the bishop may be a special disturber ; and in that case it was said , it is good policy upon every presentation by usurpation , to bring a quare impedit as speedily as may be ; and it is as good policy to name the bishop in the writ , for then he shall not collate for lapse , if the church remain void six months ; nor shall the metropolitan collate , if the time come to him , for the same lapse : for it was said to be a rule , that the metropolitan shall never collate for lapse , but when the immediate ordinary might have collated , and hath surceased his time : and in such case the ordinary cannot collate , because he is made party to the writ . ( . ) in a case between benet and the bishop of norwich it was adjudged , that if the next avoidance of a church be granted to a. and b. and a. release to b. and after the church become void ; in that case b. may present , and upon disturbance have a quare impedit in his own name . ( . ) if the bishop shall for insufficiency refuse the clerk that is presented to him , he may not afterwards admit him : and therefore where the patron presented j. s. his clerk to the bishop , and upon notice by the bishop given to the patron of the insufficiency of the clerk , the patron presented another clerk , and then the bishop admits the first clerk which was presented within six months : in this case it was adjudged , that the bishop was a disturber for having once refused him for insufficiency , he cannot afterwards accept of him . chap. xxiv . of examination , admission , institution , and induction . . what is here meant by examination , where enjoyned , how , and by whom , and at what times to be performed . . in what case the bishop is held at common law a disturber , in refusing one clerk and admitting another . . the ordinary , as he is not obliged to examine the clerk at some certain times ; so he may not refuse to examine him during all the six months . . although the six months be elaps'd , yet if the patron present , the church not being full , the bishop ought to admit his clerk. . how an vsurpation upon a lease for years puts the very patron out of possession . . admission what ; and under what qualifications it ought to be . . what the remedy , where the ordinary doth refuse to admit the clerk ; the form of such admission . . what institution is , and the form thereof according to the canon law ; what required of the clerk in order thereto , and his remedy in case the ordinary denies him such institution as he may claim by law. . matters of institution properly cognizable in the ecclesiastical courts , yet in certain cases not exclusively to the common law or temporal jurisdiction . . institution gives the parson jus ad rem , not jus in re . . whether institution without induction works a plena●ty ? also whether it be good , being sealed with another seal , and done out of the proper diocess ? the difference between the common law and the canon law as to a coveat entered before institution . . whether suit may be in the ecclesiastical court to remove an incumbent after induction ? . whether the first-fruits be due upon the institution before induction ? . a case at common law touching resignation ; and whether it may be made conditionally ? . a case touching the rightful patron 's presentation , after the induction of another by vsurpation . . what induction is , and the bishop's order therein . . induction is a temporal , not spiritual act : in what manner it is to be executed . . a caveat entered in the life-time of an incumbent is void . . in what case an induction made by a minister not resident within the archdeaconry , may be good . . institution to a minor and vnder-age is meerly void . . whether after induction , the institution may be questioned in the ecclesiastical court. . whether incumbency be triable only at common law. . in what court the validity of induction is determinable . ( . ) examination is that trial or probation , which the bishop or ordinary makes before his admission of any person to holy order or to a benefice , touching the qualification of such persons for the same respectively . so that there are two certain times or seasons especially , wherein this examination is required ; the one before an admission to holy orders , the other before an admission to a benefice . the former of these is expresly enjoyned by the th canon ecclesiastical , whereby it is required , that the bishop , before he admit any person to holy orders , shall diligently examine him in the presence of those ministers that shall assist him at the imposition of hands , or in case of any lawful impediment of the bishop , then the said examination shall be carefully performed by the said ministers , provided they be of the bishops cathedral church , if conveniently it may , otherwise by at least three sufficient preachers of the same diocess . and in case any bishop or suffragan shall admit any to sacred orders , who is not examined as is before ordained , then shall the archbishop of the province , having notice thereof , and being assisted with one bishop , suspend the said bishop or suffragan from making either deacons or priests for the space of two years a . so also when the clerk is presented by the patron of the advowson , before he be admitted as clerk to serve the cure , the ordinary is to examine him of his ability : for if upon his examination he be found unable to serve the same , or be criminous , the ordinary may refuse to admit and institute him into the benefice b . by the ancient cannons the bishop hath two months time to enquire and inform himself of the sufficiency and quality of every clerk presented to him , as appears by the canon in jac. cap. . but by the said canon it is ordained , that the said two months shall be abridged to days only c . upon sufficient enquiry and examination the ordinary may accept or refuse the clerk presented , and regularly all such matters as are causes of deprivation , are also causes of refusal d ; but for a presentce to have another benefice , is no cause of refusal , for that is at his own peril ; and possibly the second benefice is more worth than the former , which only is void in such case e . ( . ) if the bishop doth demand of the clerk his letters of orders , and letters testimonial of his good behaviour , and the clerk requires time to shew them , as the space of a week or the like , because he hath them not there with him ; and the bishop doth thereupon refuse him to the church , and presents another : the bishop in such case hath been adjudged to be a disturber ; for the statute of eliz. doth not compel the clerk to shew his orders , nor letters testimonial of his good behaviour : and so it was adjudged f . yet by the th canon it is by way of caution expresly ordained , that no bishop shall institute any of a benefice , who hath been ordained by any other bishop , except he first shew unto him his letters of orders , and bring him a sufficient testimony of his former good life and behaviour , if the bishop shall require it . ( . ) examination of the clerk is to be done at a convenient time within the six months ; for the ordinary cannot refuse to examine the clerk during all the six months , and so suffer a lapse to incurr to himself ; for by so doing the patron should lose his presentation , and the ordinary take advantage of his own wrong . but if the ordinary , when the clerk comes to be examined , sedet circa curam pastoralem , he is not then obliged to leave the business in hand , and presently examine the clerk ; but he may appoint a convenient time and place for the examining of him g . this examination by the diocesan , touching the conversation and ability of such as were ordained to peach the word of god , or presented to a benefice , is enjoyned by the provincial constitutions . lindw . de haereticis , cap. . ( . ) a quare impedit was brought by b. against the bishop of rochester , who pleads , that he claims nothing but as ordinary ; and yet pleads further , that the clerk which the plaintiff presented , had before contracted with the plaintiff simmiacally , and therefore because he was simoniacus he refused , and that the church was then void , and so remained void ; whereupon the plaintiff had a writ to the archbishop of canterbury , who returned that before the coming of this writ , viz. . july the church was full of one dr. grant , ex collatione of the said bishop of rochester , who had collated by lapse , and this return was adjudged insufficient : first , it is clear , that though the six months pass , yet if the patron present , the bishop ought to admit , although it be after the title devolved unto the metropolitan : and it seems also reason , that he ought to admit , though that the title by lapse be accrued to the king , for he claims it as supream ordinary . vid. dyer . quaere . but in this case the bishop who is the defendant is bound by the judgment , and the writ is , notwithstanding the claim of the bishop , that he admit the clerk ; for the bishop ought to execute the process of the court. it was urged by serjeant henden , that there is a canon in lindwood , that if the church be vacant when the writ comes to the bishop , that he is bound to execute the writ ; but if it be full , then he certifies the justices : and the archbishop is sworn to the canons , and he vouched h. . . coke , lib. . , and . dyer . f. n. b. . dyer . h. . . h. . . e. . quare non admisit . . e. . . h . ( . ) in rud's case against the bishop of lincoln , it was among other things resolved by the court , in a quare impedit , that when one usurps upon a lease for years , that this usurpation gains the fee , and puts the very patron out of possession ; and though by the statute of westm . . cap. . he in reversion after the lease may have a quare impedit when the church is void , or may present and if he present , and his clerk be admitted and inducted , that then he is remitted ; yet until it be recovered , or his clerk be in , the usurper hath the fee , and against him lies the writ of right , &c. also that the patron , which hath recovered in a quare impedit , may present , and that being accepted , and institution and induction ensuing thereupon , it is good i . ( . ) admission is when the bishop upon examination of the clerk admits him to be able and sufficient , saying , admitto te habilem k the lord coke in the fourth part of his institutes says , that upon consideration had of the several statutes l ( whereof mention is there made , ) if an alien or stranger born be presented to a benefice , the bishop ought not to admit him , but may lawfully refuse him m . there are several things which the statute-law of this realm doth require in him , which shall be admitted to a benefice ; for no person may be admitted to any benefice with cure , except he then be of the age of years at least , and a deacon , and shall first have subscribed the articles in the presence of the ordinary , and publickly read the same in the parish-church of that benefice , with declaration of his unfeigned assent thereunto ; and except he be admitted to minister the sacraments within one year next after his induction ( if he were not so admitted before ) he shall upon every such default be ipso facto deprived . and none shall be made a minister , or admitted to preach or administer the sacraments under the age of years , and unless he bring with him to the bishop a sufficient testimonial , and be able to render an account of his faith in latin. all which appears by the statute of the th of eliz. whereby it is likewise provided , that none shall be admitted to any benefice with cure , of or above the yearly value of thirty pounds in the king's books , unless he shall then be a batchelor of divinity , or a preacher lawfully allowed by some bishop within this realm , or by one of the universities of oxford or cambridge ; and that all admissions to benefices , institutions , inductions , tolerations , dispensations , qualifications , and licenses whatsoever , made contrary to the premisses , shall be utterly void in law m . and by the three and thirtieth canon of the ecclesiastical constitutions , ratified and confirmed by king james under his letters patents , an. . it is in conformity to many decrees of the ancient fathers , further ordained , that no person shall be admitted into sacred orders , except he shall at the same time exhibit to the bishop a presentation of himself to some ecclesiastical preferment then void in that diocess ; or bring to the said bishop a true and undoubted certificate , that either he is provided with some church within the diocess , where he may attend the cure of souls , or of some ministers place vacant , either in the cathedral of that diocess , or in some other collegiate church therein also scituate , where he may exercise his ministry : or that he is a fellow , or in right as a fellow , or to be a chaplain in some colledge in oxford or cambridge : except he be a master of arts of five years standing , that liveth of his own charge in either of the universities : or except by the bishop himself that doth ordain him minister , to be shortly after to be admitted either to some benefice or curateship then void . and in case any bishop shall admit any person into the ministry , not qualified as aforesaid , he is to keep and maintain him , till he prefers him to some ecclesiastical living , on pain of suspension for one year from giving or orders , by the archbishop assisted with another bishop n . ( . ) if a bishop shall refuse to admit the clerk , the writ of quare non admisit may lie in the case o ; yet the ordinary , before he admits the clerk presented , may take a reasonable time to examine him ; and if upon examination there be just cause of exception in respect of the clerk presented , or otherwise in respect of the patron presenting , he may justifie the non - admission of him , for this admission is no other than the ordinary's allowance of a clerk presented to a church that is void . but if the bishop refuse to admit the clerk presented to him by the patron , as scrupling the said patron 's right of presentation , and the said patron after recover his right of presentation against the bishop in the common bench , he shall then have the writ of admittendo clerico p . hobart chief justice , in the case of colt and glover against the bishop of coventry and lichfield , compares this admission and such acts of the ordinary to the admittance of a copy-holder upon surrender , specially where the admission of one be upon the resignation of another incumbent : and he is there of opinion , that if a parson appropriate ( which is patron ) present , and his clerk be not admitted , but refused for just cause and notice given , the lapse shall incurr q . the usual form or tenor of an admission into a rectory or parsonage runs in this manner , viz. 〈◊〉 a. b. by virtue of this instrument from john lord bishop of l. in his triennial visitation , to all clerks , rectors , vicars , ministers , chaplains , and curates whatsoever within this diocess directed , do admit f. g. into real , actual , and corporal possession of this church of r. together with all the profits , dues , members and appurtenances whatsoever thereunto belonging , in the presence of those whose names are under-written . ( . ) institution according to the canon law , is no other than a verbal collation to a benefice or some other ecclesiastical living , de instit . lib. . decretal , & sexti . and is by that law taken for an investure , c. ad haec , de offic. archid. c. cum venisset . dic . tit . de inst . for when among the romans a clerk was instituted , the custome was , that by a verbal collation the clerk was invested in the benefice by the delivery to him of a ring , staff , cap , pen , or the like , in the nature of livery and seisin , in token of his possession of the thing to which he was so instituted : c. cum olim , de re judic . cap. ex ore , de iis quae si à praelat . & cap. ut nostrum , de office. archidiac . somewhat in resemblance to our tenents by the verge , or such as are admitted by the rod in a court of ancient demesn . but this institution , as practicable with us , consists in the letters of institution directed from the bishop or ordinary , in whose diocess the church is , to the clerk the presentee , by which he admits him as lawful incumbent to that vacant church whereto he is presented by the patron thereof ; the said clerk having not only first taken the oaths of allegeance and supremacy , with renunciation of all foreign powers and jurisdictions , according to the laws and statutes in that behalf provided , but also of canonical obedience to the bishop of that diocess and his successors , and that he hath made no simoniacal contract , for or concerning the said presentation ; whereupon the said bishop or ordinary doth by his said letters of institution constitute and invest the said clerk rector of the rectory of the said parochial church , cum cura animarum parochianorum , together with all rights , priviledges , and emoluments belonging to the same , juribus & consuetudinib●s nostris estiscopalibus , & ecclesiae nostrae cath , &c. dignitate & honore in omnibus semper salvis . dioecesis idem significat in effectu quoad jurisdictionem ecclesiasticam , quod territorium quoad jurisdictionem temporalem . ita andrae , & dd. in c. cum episcopus , de offic. ord. lib. . dioecesis significat locum spiritualem , sicuti territorium locum temporalem . alberic . in suo dict. ver . dioecesis . this institution to a benefice may not , by the th article of the canons , be to any person preordained , except he first shew the bishop his letters of orders , as also ( if he require it ) a testimonial of his former good life and behaviour . moreover , by the law he is obliged to subscribe the articles of religion , to swear canonical obedience to the archbishop of canterbury and his successors , and to his diocesan ; and for his personal residence , if it be a vicarage . juram entum de canonica obedientia , viz. ego a. b. juro , quod praestabo veram & canonicam obedientiam episcopo londinensi ejusque successoribus , in omnibus licitis & honestis . sic me deus adjuvet . if a clerk should kill his prelate , to whom he hath sworn canonical obedience , it is pety treason . vid. h. . . b. vid. stat. e. . de prodic . cap. . but if the diocesan , notwithstanding the exhibiting the presentation before him , or his vicar general , having power to institute , and notwithstanding requisition made him by the clerk presented in order to institution , shall refuse to institute and admit him , he may thereof enter his complaint before the dean of the arches , who thereupon sends his letters to the said bishops , which letters or rescript is termed duplex querela : so that as to the substance of the premisses touching this subject , the practice with us at this day doth well nigh correspond with the ancient canon law , whereby it is expresly ordained , lib. . decretal . that all ecclesiastical livings and benefices shall be had by institution , to be by the bishop or his chancellor , or such other as hath episcopal jurisdiction , positively declaring , that without such institution neither any benefice is lawfully obtained , nor can be lawfully retained : adding withal , that benefices void ought to be granted within six months after knowledge of the voidance thereof , otherwise the grant thereof devolves and comes to the superiour ; and that he who doth cause or procure himself to be instituted into a benefice , the incumbent thereof being alive , shall be deposed from his orders . decretal . ibid. ( . ) albeit the cognisance of this matter of institutions is so properly and connaturally inherent in the ecclesiastical jurisdiction , yet the temporal and common law it seems hath in some cases took notice thereof ▪ for it is there reported , that every rectory doth consist upon spiritualty and temporalty : as to the spiritualty , viz. cura animarum , the presentee is compleat parson by institution ; for when the bishop upon examination finds him able , then he doth institute him in these words , viz. instituo te ad tale beneficium & habere curam animarum , of such a parish , accipe curam tuam & meam r . and the very institution to a benefice the law understands as an acceptance and the having of a benefice ; as in that case of digby ; where it is held , that if a clerk be presented , admitted , and instituted to a benefice with cure , to the value of l. and afterwards and before induction he accepts of another benefice with cure , and is inducted in the same ; the first benefice is void by the statute of h. . for the words of the statute are , a parson , having one benefice with cure , &c. accept and take another , &c. and he who is instituted to a benefice , is said to have accepted a benefice , and to have a benefice s . and he that is instituted , may enter into the glebe-lands before his induction , and hath right to have it against any stranger whatever t . and albeit by the civil and canon law an institution granted after a caveat entered is void , yet by the common law it is otherwise u , ( . ) by the institution the parson hath only jus ad rem , he hath not jus in re until he hath induction ; and therefore if a prebendary , parson , or vicar , after he is admitted and instituted , and before he be inducted , grant an annuity out of his prebend , parsonage , or vicarage , and the same be confirmed by the patron and ordinary , or by the dean and chapter , yet this shall not charge the glebe , or the successor of the prebendary , parson or vicar ; for although by his institution he hath ( as aforesaid ) jus ad rem , yet he hath not jus in re , but the charge in such case shall lie upon the person of the prebendary , parson , or vicar , and not upon the lands x . ( . ) the church at this day , since the statute of westm . . is not full by institution of the king ; and therefore if the king hath a title by lapse to present pro hac vice , and he presents , and his clerk be instituted , but dies before induction , the king in that case may present again ; and so it hath been adjudged y . which plainly shews , that institution without induction doth not work a plenarty . it hath also been held , that the letters of institution sealed with another seal , and made out of the diocess , is good dyer , . weston's case . acc . enough z . of if a caveat be entered with a bishop , and he after grant institution , yet the institution is not void by the common law ; otherwise by the spiritual law a . notwithstanding what was just now said , it is adjudged in digbie's case , that a benefice is taken , received , and had by institution only ; and therefore a qualification or dispensation following comes too late b . so that if a man having one benefice with cure by institution only , accept another by institution only , without dispensation , the common law makes avoidance actual , if the patron will c . ( . ) proceedings being in the ecclesiastical court to remove an incumbent after induction , a prohibition was granted to stay the same : one oliver sued a quare impedit against hussey , and while that depended , hussey was instituted and inducted , and oliver sued hussey in the spiritual court to remove him . noy pray'd a prohibition , first because he may not sue in two courts for the same cause : secondly , because it is a suit after induction ; and upon that last point the court granted a prohibition d . ( . ) in the case of dennys against drake it was said , that if a man be instituted to a benefice , he ought to pay the first-fruits before induction by the statute : but by the common law it was otherwise ; for he is not to have the temporalties until induction , and therefore he could not pay the first-fruits ; but another person cannot be presented to his benefice during the continuance of the first institution . and an institution to a second benefice is a present avoidance of the first e ( . ) g. parson of the church of e. did by instrument in writing resign his benefice before a notary publick , and others , into the hands of the bishop ; and the resignation was absolute and voluntary , and to the use of m. and b. or either of them . and it was further in●erted in the said instrument of resignation , protestatione & sub conditione , quod si aliqui eorum non admissi fuerant per assentum episcop . infra sex menses , quod tunc haec praesens resignatio mea vacua & pro nulla habeatur , & nunc prout tunc , & tunc prout nunc ; and cestuy que use came within the time limited to the bishop , and did offer to resign to him , which the bishop refused to accept , &c. crooke for the plaintiff : forasmuch as the plaintiff may resign on condition as well , as a particular tenant may surrender upon condition : and two parsons may exchange , and if the estate be executed on the one part , and not on the other , that parson whose part was not executed , may have his benefice again , as it is adjudged in the e. . but coke sollic . and godfrey were on the contrary opinion : for that the incumbent may not transfer his benefice to another without presentation , as appears in the recited case of e. . also the resignation is not good , and the condition void , because it is against the nature of a resignation , which must be absolute , sponte , pure , & simpliciter , and is not like to a condition in law , as in the said case of exchange of e. . for the law doth annex a condition to it , but a collateral condition cannot be annext by the parties themselves : also this is an act judicial , to which a condition cannot be annex'd , no more than an ordinary may admit upon condition , or a judgment be confessed on condition , which are judicial acts. but admitting the condition to be good , yet a new induction ought to be made by the ordinary , for the church became one time void , and is not like to the case in r. . quare impedit , . where sentence of deprivation was given , and the sentence presently reversed by appeal , there needs no new institution , for that the church was never void . and upon arguments given in writing by the civilians to the judges , the judgment was entered , quod querens nihil capiat per billam e . ( . ) in rud's case against the bishop of lincoln , it was ( inter alia ) resolved by the court , that when one having a good title to present , and an incumbent by usurpation is admitted , instituted , and inducted , and after that the patron presents , and the bishop refuse , and after the patron recover , and then he which had this presentation , exhibits it to the bishop ; this is now a good presentation ; and the patron cannot revoke or give him a new presentation : but if the patron before the death of the incumbent make letters of presentation , that is void , because he had no title to present f . ( . ) induction is nothing else but the putting of the parson into actual possession of the church and glebe , which are the temporalties of the church ; or the making of a clerk compleat incumbent of a church : this is induction g , and it is by letters from the bishop of the diocess directed to all and singular the clerks , rectors , vicars , &c. within the said diocess , to put the clerk or his lawful attorney for him , and in his name into the actual possession of the church to which he had been presented and instituted , together with all the profits , dues , members , and appurtenances whatsoever thereunto belongings or appertaining ; of the due execution whereof a certificate endorsed on the instrument of induction , and subscrib'd by a competent number of witnesses ought to be returned to the said bishop or ordinary ; who may appoint the archdeacon to give induction h , yet by prescription it seems the dean and chapter of pauls , as also the dean and chapter of lichfield may give induction i . it is also said , that an induction made by a bishop is void , where it belongs to a dean and chapter by prescription k : but an induction by the patron is void l ; yet the king 's grantee of a free-chappel shall be put into possession by the sheriff of the county , and not by the ordinary of the place m . ( . ) this induction is not a spiritual , but a temporal act ; and therefore if after the clerk hath been presented by the patron , and admitted and instituted by the bishop , the archdeacon shall refuse to induct him into the benefice , an action upon the case lieth for the clerk against the archdeacon n . and after the incumbent is thus inducted , he may then plead any plea in bar of a quare impedit brought against him which concerneth his possession ; and so may plead a release in bar , because he hath the freehold in him , which shall not be lost without his answer o : for by this induction or being led into the church he hath , as it were , livery and seisin thereof given him as the lawful incumbent by delivery of the keys of the church to him , and that by order of the bishop ; whereof publication is then made to the parishioners by ringing one or more the bells p : and albeit a parson hath his presentation , admission , and institution , and that upon a lawful title , yet he is not a possessor of the parsonage according to the letter of the law till his induction q . which induction is ( as aforesaid ) a temporal act , and ( as the opinion of the court was in hutton's case ) triable by temporal law ; and since by induction the church is full , it is not to be avoided , but by a suit of quare impedit or the like , at the common law , and not to be undermined by alledging insufficiency in the institution in the court ecclesiastical , for that may come in question upon the trial of the induction at the common law , which will not be good , if the institution were not good : all which was also the opinion of the court in the case aforesaid r ; for if the question be , whether parson or no parson , which comprehends induction , it is triable at the common law s . and although by the institution the church if full against all persons save the king , yet he is not compleat parson till induction ; for though he be admitted ad officium by the institution , yet he is not entitled ad beneficium till induction t . ( . ) in an ejectione firmae brought by the lessee of rone , incumbent of the church of d. it was found by special verdict , that the king was the true patron , and that wingfield entered a coveat , in vita incumbentis , he then lying in extremis , scil . caveat episcopus nè quis admittatur , &c. nisi convocatus the said wingfield ; the incumbent dies ; naunton a stranger presents one morgan , who is admitted and instituted ; afterwards the said wingfield presents one glover , who is instituted and inducted , and afterwards the said rone procures a presentation from the king , who was instituted and inducted : and then it came in● question in the ecclesiastical court , who had the best right ; and there sentence was given , that the first institution was irrita , vacua , & inanis , by reason of the caveat , and then the church being full of the second incumbent , the king was put out of possession , and so his presentation void : but it was adjudged and resolved by all the court for rone : for ( ) it was resolved , that this caveat was void , because it was in the life of the incumbent . according to the common law , if a caveat be entered with the bishop , and he grant institution afterwards , yet it is not void : after a caveat entered , institution is not void by the common law. pasch . jac. b. r. hitching vers . glover . rol. rep. & cro. par . . ( . ) the church upon the institution of morgan was full against all but the king , and so agreed many times in the books , and then the presentation of glover was void by reason of the super-institution , and therefore no obstacle in the way to hinder the presentation of rone , and therefore rone had good right : and if the second institution be void , the sentence cannot make it good ; for the ecclesiastical court ought to take notice of the common law , which saith , that ecclesia est plena & consulta upon the institution , and the person hath thereby curam animarum . and as doderidge justice said , he hath by it officium , but beneficium comes by the induction : and although by the ecclesiastical law the institution may be disannull'd by sentence , yet as lindwood saith , aliter est in angl. and doderidge put a case out of dr. & student . lib. . if a man devise a sum of money to be paid to j. s. when he comes to full age , and he after sue for it in the spiritual court , they ought to take notice of the time of full age , as it is used by the common law , viz. . and not of the time of full age as it is in the civil law , viz. . so in this case ; for when these two laws meet together , the common law ought to be preferred : and when the parson hath institution , the archdeacon ought to give him induction . bedingfield's case , cited by haughton to accord with this case u . ( . ) by the court , that if an archdeacon make a general mandate for the induction of a parson , viz. vnivers . personis vicariis clericis & literatis infra archidiaconat . meum ubicunque constitut . that if a minister or a preacher who is not resident within the archdeaconry , makes the induction , yet it is good . and the opinion of four doctors of the civil law was shewn in the court accordingly , upon a special verdict x . ( . ) in the case of strange against foote , the sole point upon the special verdict was , if one prideoux being admitted and instituted to a prebendary , with the cure , eliz. be being but nine years of age ; notwithstanding the statute it is meerly void . note h. . . that if a feme who is an infant under years hath issue , it is a bastard y . ( . ) it is said at the common law , that after induction , the admission and institution ought not to be drawn into question in the ecclesiastical court z ; for they say , that after induction the ecclesiastical law may not call into question the institution : that by institution the church is full against common persons , but not against the king ; and that by induction the king may be put out of possession a . and in the case between rowrth and the bishop of chester , it was resolved , that after an induction , an institution is not to be examined in the ecclesiastical court , but by a quare impedit only : but yet the justices , if they see cause , may write to the bishop to certifie concerning the institution b . ( . ) two patrons pretended title to present ; the one presented , and the bishop refused his clerk. he sued in the audience , and had an inhibition to the bishop , and after he there obtained institution and induction by the archbishop : afterwards the inferior bishop , instituted and inducted the clerk of the other ; for which process issued out of the audience against him ; he upon that prayed a prohibition , and a prohibition was awarded as to the incumbency , because the ecclesiastical courts have not to meddle with institution and induction ( as was there said ) for that would determine the incumbency , which is triable at common law c . ( . ) in a prohibition prayed to the ecclesiastical court , the case appeared to be this , viz. holt was presented , instituted and inducted to the parish-church of storinton : afterwards dr. wickham draws him into the ecclesiastical court , questioning of him for some matters , as touching the validity of his induction , and upon this a prohibition was by him prayed : williams justice , a prohibition here in this case ought to be granted , this being directly within the statute ed. . cap. . for here the very title of the patronage comes in question , with the determination of which they ought not to intermeddle ; also matter of induction , and the validity thereof is determinable at the common law , and not in the ecclesiastical court , and therefore a prohibition ought to be granted , and the whole court agreed with him herein , and therefore by the rule of the court a prohibition in this case was granted . chap. xxv . of avoidance and next avoidance ; as also of cession . . what avoidance is ; how twofold . . the difference in law between avoidance and next avoidance . . how many waies avoidanee may happen ; what next avoidance is : the word avoidance falls under a double acceptation in law. . the next avoidance may not be granted by a letter , it cannot be granted but by deed. . grant of a next avoidance by the son , living the father tenant in tail , is void . . how avoidance may be according to the canon law , which yet is otherwise by statute law. . the release of the next avoidance , made after the church becomes void , is void . . a wide difference between the common law and the canon , in respect of plenarty and voidance . . what cession is ; and who shall present in that case . . a parson beneficed accepting an archdeaconry , falls not under this cession . . in case of cession the ordinary is to give notice to the patron , otherwise the lapse doth not incurr against him . . in what case the former benefice is not void by cession , notwithstanding the taking of another incompatible , and without dispensation ; and in what case a church void is held void as to all persons , except an vsurper . . in case of three grantees of the next avoidance , whether two of them may present the third , being a clerk. . what difference between an avoidance by parliament , and an avoidance at the ecclesiastical law. . in what case an advowson granted to a man , shall enure to him only for his life , and not go to his executors . . a man having an advowson in fee of the church , whereof himself is incumbent , deviseth that his executors should next present ; whether such devise of the next avoidance be good . . a grant of a next avoidance to one is not after grantable by the same grantor to another . . whether the greating of an incumbent a bishop in ireland be a sufficient cause of avoidance . . where a next avoidance is granted to two , whereof the one release to the other , that other may after bring a quare impedit in his own name . . if one grantee of the next avoidance present the other grantee of the same avoidance , whether such grant be void or not ? ( . ) avoidance is , when a benefice or other ecclesiastical living is void of a lawful incumbent : which generally may be said to be twofold ; either in fact and in deed , as when the incumbent is dead , or actually deprived : or in law , as when the same person or parson hath more benefices than one incompatible , having no dispensation , nor qualified for plurality a . or an avoidance is either temporal or spiritual : ( ) temporal , as by death of the incumbent . ( ) spiritual , as by resignation , deprivation , creation , cession . the temporal is an avoidance de facto ; the spiritual is an avoidance de jure . of this latter or spiritual avoidance the ecclesiastical court takes cognizance and determines , and therefore the supream head may so dispense there , that such avoidance in law shall never come to be an avoidance in deed ; and of this avoidance in law no title accrues to the patron , unless something be thereupon done by the ecclesiastical court , as a declaratory sentence , or such like . but upon avoidance in deed , presentment accrueth to the patron presently . anciently when a bishop was also the parson of any benefice , either in right of his bishoprick , or that the benefice was annexed to his see , for the provision of his table , or the better maintenance of hospitality , the fruits of such benefice or parsonage , during every vacancy or avoidance of such bishoprick , where the bishop was both lord of a mannor , and parson of a parsonage thereto annexed , did not come to the king ( as they now do , whereby the parsonage and mannor are both consolidated into one , being now both holden to be temporalties , ) but the parsonage came to the archbishop of the province , as a spiritualty granted to his see by priviledge , during the vacancy of the sees of such bishops as were in his province , as may appear by the records of the lord archbishop of canterbury . ex registro archi-episc . cant. & ridl . view . cap. . sect. . ( . ) there is in operation of law a wide difference between avoidance and next avoidance ; the former is in esse , the other is only in passe ; the former is the want of an incumbent upon a benefice de praesenti : the other is the grant of a supply of that want de futuro , and is the grant of a next avoidance in a parsonage or other spiritual promotion , which is grantable whiles there is an incumbent actually in being , and is in the nature of a thing in action , and therefore will not pass without deed. but a present avoidance , though it be not meerly a thing in action , yet it is not grantable in that kind as the other : the present avoidance is not valuable , and therefore shall not be assets ; it may be otherwise with a next avoidance in some cases , for the next avoidance is but a chattel b , the grant whereof is not good without deed c . for an advowson or the patron 's right of presentation to a church , is not a spiritual , but a temporal inheritance , grantable by deed , and ( if appendant ) as the mannor it self to which it is appendant , as an accessory to its principal . ( . ) the cognizance of voidance of benefices is ecclesiastical by the statute ed. . cap. . it being the want of an incumbent on a benefice ( as aforesaid ) and is opposed to plenarty . this voidance may be either by death , deprivation , law or act of parliament , cession or plurality , resignation , creation , incapacity , union , non-payment of tenths , &c. so that a voidance may happen to be such either in law , or in deed ; virtually , or actually . resignation is juris proprii spontanea refutatio , or the voluntary yielding up of the incumbent ( into the hands of the ordinary ) his interest and right , which he hath in his benefice . touching the form of resignation , and protestation , which must be when the party will resign , vid. regist . fo . . f. n. b. fo . . and this resignation , which is one of the causes of avoidance , is to be made to the ordinary ; for it is a rule in the canon law , apud eum debet fieri renunciatio , apud quem pertinere dignoscitur confirmatio . the next avoidance is only a power legally granted to another by the right patron to present a clerk to the church , when it shall next become void d . and during such voidance of a parsonage , the franktenement of the glebe thereof is said so be in no man , but is said to be in abeyance , that is , only in the remembrance , intendment , and consideration of the law , that though for the present , during the time of such vacancy , it be not actually in any person , yet it is by way of abeyance ) in hope and expectation belonging to such one as shall next enjoy the same . the word avoidance hath two significations in the law ; the one ( and that here intended ) is when a benefice or any ecclesiastical living becomes void of an incumbent ; the other may be that , which is understood by what we intend in pleadings in chancery , when we say confessed or avoided , traversed or denied , &c. which hath no relation to the matter in hand . likewise after the death of a bishop , or parson , the freehold is in abeyance of necessity e ; but the law will not admit the framing of abeyances needless and in vain , as in vacations of bishops , parsons , or the like , as in case of single corporations , bishops , deans , and parsons , which must die , and leave a vacuum of the freehold f . and this next avoidance is a chattel locally , where the advowson is , not where the deed is ; for it was resolved in the case of holland vers . shelley , that the advowson had such a locality in the rape , where the church was , that it accrued to the plaintiff , wheresoever the deed of grant , or the grantee himself was g . ( . ) c. brought a quare impedit against the archbishop of canterbury and others , and declared upon a grant of the next avoidance , and the defendant demanded oyer of the deed ; and the plaintiff shewed a letter , which was written by his father to the true patron , by which he had writ to his father , that he had given to his son , that was the plaintiff , the next avoidance ; and upon this there was a demurr : and the whole court for the demurr , for that such letter was a mockery , for the grant was not good without deed : and judgment was given accordingly i . but by deed it is grantable , whereby advowsons are also grantable , as other inheritances are , and the delivery of the deed of grant of it shall be instead of livery made of the church it self , according to sir edward coke , in the first part of his institutes k . ( . ) if a tenant in tail and his son joyn in a grant of the next avoidance , it is void against the son , and no confirmation ; for in the case of a quare impedit brought by sir marmaduke wivel , the point was this : tenant in tail of an advowson , and his son and heir joyned in a grant of the next avoidance . the tenant in tail died ; and it was adjudged , that the grant was utterly void against the son and heir that joyned in the grant , because he had nothing in the advowson , neither in possession or right , nor in actual possibility at the time of the grant * . ( . ) the acceptance of an archdeaconry by one who hath a benefice with cure of souls , may work an avoidance at the canon law as to such archdeaconry ; yet an archdeaconry , and the promotion thereof , as being not any cure of souls , though an ecclesiastical preferment , seems not to be within the statute of h. . . and the opinion of wray chief justice , in vnderhill's case upon that statute was , that he conceived the law there to be qualified in that case , by reason of a proviso in the said statute , viz. provided , that no deanary , archdeaconry , &c. be taken or comprehended under the name of a benefice having cure of souls , in any article above specified l . ( . ) in a quare impedit the case was , the plaintiff counted , that r. b. was seized of an advowson , and granted the next avoidance to the plaintiff and h. b. and that afterwards the church became void , and after during the avoidance h. b. released to the plaintiff , and so that it belongs to him to present . upon this count the defendant did demurr in law ; for it appeareth upon the plaintiffs own shewing , that h. b. ought to have joyned with the plaintiff in the action , for the release being made after the church became void , is not of any effect , but utterly void . so is the grant of the presentment to the church where the church is void , for it is a thing in action . vid. the lord dyer , h. . . m. dyer . eliz. dyer . and afterwards judgment was given , that the release was void m . ( . ) touching avoidances there is a wide difference between the judgment of the common law , and that of the canon ; for if a meer lay-man , not having holy orders , be presented to a benefice , the church remains void according to the canon law , notwithstanding such presentation ; but at the common law , albeit this be a meer nullity there also , and void , yet it doth adjudge the church to be full according to the publick admission , institution , and induction , and not according to the capacity of the person , which is a thing secret , until such an one be deprived for it by sentence in the spiritual court ; and so the church in construction of law ( understand it of the common law ) is held void but from the time of deprivation , of which notice ought to be given to the patron n . so that according to the canon law there cannot be a plenarty by the presentation , admission , institution , and induction of a meer lay-man to a church ; it is otherwise at the common law , which doth not so much consider the capacity or incapacity of the person instituted and inducted , as the institution and induction it self , until such time as there is a sentence of deprivation in the ecclesiastical court. ( . ) cession is when an ecclesiastical person beneficed is created a bishop ; or when the parson of a parsonage taketh another benefice without dispensation , not being otherwise qualified for plurality : in both which cases their first benefices become void , and are said to be so void by cession ; insomuch that the king shall present pro hac vice ( whoever be patron ) to that benefice , which he had who was created bishop ; and in the other case the patron may present o . so that if a parson or dean in england take and accept of a bishoprick in ireland , it will cause that the first church shall become void by cession p . resolved in holland's case , and in digby's case , . rep. that the patron may present , as soon as the incumbent is instituted in a second living , without deprivation . ( . ) by the council of lateran it was ordained , that whoever having a benefice with cure of souls , should accept of another cum cura , should ipso jure be deprived of the former , the patron whereof might present as to a benefice void q ; and this without any sentence declaratory of the first church being void , if there were no license or dispensation to the contrary in the case r , to prevent a cession of the former benefice . for it hath been resolved , that the acceptance of a second benefice voids the former by cession , without any sentence declaratory by the statute of h. . . but if having a benefice cum cura he accept of an archdeaconry , the same is not such a benefice with cure of souls within the said statute , as to make the former void , as was then also resolved s . ( . ) in case of cession in this kind , it is requisite that notice thereof be given by the ordinary to the patron , otherwise the lapse will not incurr against him , in case he present not within the six months t . nor do the courts at common law take notice of such cession , until the same be certified unto them by the ordinary . and wherever an ecclesiastical dignity and a benefice with cure are incompatible , there the acceptance of the one will be a cession of the other ; for which reason , if the incumbent of a parsonage or vicarage with cure , be made dean of a cathedral , his parsonage or vicarage becomes void by cession u , unless he be qualified for plurality . or if a dean be made a bishop , yea , though a dean or parson in england be made a bishop in ireland ( as aforesaid ) his benefice becomes void , as was resolved in evans and askwith's case ; for that the constitution or council , which makes it void , is general , and not limited to any place : and so it was also resolved , e. . fitz. trial , and so adjudged , jac. c. b. in the case between woodley and the bishop of exon and manwaring x . ( . ) the case may so happen , that albeit a man having a benefice with cure of souls accept another , and be instituted and inducted into the same ; yet his first benefice shall not be void by cession , though the benefices be incompatible , though there be no dispensation in the case , and although himself be not otherwise qualified for pluralities : for it hath been resolved , that if a man having one benefice , accept another , and be instituted and inducted into the second , and then read not his articles ; that yet the first benefice voids not by cession , because the second is as not taken y . notwithstanding , it cannot be denied , but that where a man having a benefice with cure of souls , above the value of eight pounds per ann. doth take another with cure , and is thereto admitted , instituted , and inducted , the first benefice ( without dispensation ) becomes void , as in the case of the king against george lord archbishop of canterbury : in which case it was held , that the church was absolutely void in facto & jure by taking of a second benefice , and that by the express words of the statute of h. . so that by the acceptance of a second benefice the church is void facto & jure , quoad the patron and all others z . sed q. whether void as to an usurper ; for in some cases a benefice may be void as to some persons , and not void as to others : as in the case of simony , whereby as well as by cession a church becomes void ; yet in that case although it be void to all men quorum interest , to the king and his incumbent , and all that claim under him , and to the parishioners , to the ordinary , and to the like , yet ( according to sir hen. hobart chief justice ) it is not void to an usurper ; for a man without right cannot present unto it as to a church void , nor the ordinary so discharge himself , if he receive the clerk of an usurper ; for he is none of them quorum interest . pasch . jac. rot. . case of winchcombe against the bishop of winchester and rich. pulleston . hob. rep. ( . ) if the next avoidance be granted to three persons , and after the church become void , and then two of the three present the third grantee , being a clerk ; in this case the presentation is good , and the bishop may not refuse him , inasmuch as all three were joynt-tenants thereof by the grant , and only two of them joyn in the presentment , for that the third person cannot present himself ; but if only one of these three grantees present the third , the bishop hath power to refuse him a . and if an incumbent having the advowson , do devise the next avoidance , it seems it is good . trin. jac. b. r. harris vers . austen . rol. rep. ( . ) in holland's case it was resolved , that before the statute of h. . c. . if he which had a benefice with cure , accept another with cure , the first was void ; but this was no avoidance by the common law , but by constitution of the pope , of which the patron might take notice if he would , and present , without deprivation : but because the avoidance accrued by the ecclesiastical law , no lapse incurred without notice , as upon a deprivation or resignation ; so that the church was void for the benefit of the prtron , not for his disadvantage : but now if the first benefice be of the value of eight pounds per annum , the patron at his peril ought to present , for to an avoidance by parliament every one is party , but if not of eight pounds , it is void by the ecclesiastical law , of which he needs not take notice b . ( . ) in a quare impedit the defendant said a. was seized of the advowson of the church of d. and by deed jac. granted to j. s. the next avoidance , and that j. s. died , and made his executor , who presented the plantiff to the church being void . upon non concessit it was found , that a. granted to j. s. durante vita ipsius j. s. primam & proximam advocationem , and that he died before the church became void . whether this was an absolute grant of the next avoidance , as is pretended , was the question . and resolved , it was not ; but it is limited to him to present to the advowson if it becomes void during his life , and not that otherwise it should go to his executors ; and therefore it was adjudged against the defendant c . ( . ) the incumbent of a church purchased the advowson thereof in fee , and devised that his executor should present after his decease , and devised the inheritance to another in fee. it was said , the devise of the next avoidance was void , because when his will should take effect , the church was instantly void . but the court held the devise was good , for the law is so , and it shall be good , according to the intent of the party expressed in his will d . the grant of the next avoidance during the avoidance , is void in law. steephens and clark's case . more 's reports . ( . ) in a quare impedit the case was , the corporation of b. being seized of an advowson , granted the next avoidance to j. s. and afterward granted primam & proximam advocationem to the earl of b. who granted it to the plaintiff : the church became void , j. s. presented his clerk , who was inducted , and then the church became void again . it was resolved , that the second grant was void , so as the plaintiff had no title , for when he had granted primam & proximam advocationem to one , he had not authority to grant it after to another ; but if the first grant had been lost so as it could not have been pleaded , there perhaps the second grand had been good e . ( . ) in a quare impedit the case was , h. being incumbent of a church , was created a bishop in ireland , and the queen presented the defendant . it was the opinion of the justices , that this creating of the incumbent a bishop in ireland was a good cause of avoidance , and that the queen should have it by her prerogative : but if the queen doth not take the benefit of the first avoidance , but suffers a stranger to present , and the presentee dies , she may not have prerogative to present to the second avoidance f . ( . ) the next avoidance of a church was granted to a. and b. a. releases to b. and after the church became void : it was adjudged in this case , that b. may present , and upon disturbance have a quare impedit in his own name g . or thus : the next avoidance was granted to two , the one released to the other , who brought a quare impedit in his own name ; and it was adjudged maintainable , because it was before the church was void h . ( . ) a. seized of the mannor of d. to which an advowson was appendant , granted the next avoidance to b. and d. & eorum cuilibet conjunctim & divisim haered . executor . & assignatis suis . the church void , b. presents d. to the church : adjudged , that the presentment of him was good , though he were one of the grantees i . chap. xxvi . of pluralities . . pluralities condemned by the council of lateran ; yet dispenc'd with by kings and popes . . what in this matter the pope anciently exercised by way of vsurpation , the king may now do de jure ; the difference between them in the manner how . . what persons are qualified for granting or receiving pluralities . . several laws relating to pluralities , dispensations , and qualifications . . how the l. annual value of a benefice shall be understood , whether as in the kings books , or according to the true value of the benefice . . the lord hobart's opinion touching the statute of h. . relating to pluralities . . what the pope's power in england was before the making of the said statute ; and whether the taking of a bishoprick in ireland by a dean in england , makes the deanary void by cession ? . the chaplains of persons of honour , having divers benefices , shall retain them for their lives , though they be discharged of their service . . whether the ecclesiastical court may take cognizance of plenarty or voidance , after induction ; and whether the cognizance of cession or no cession , belongs to the temporal or spiritual count. . difference between voidance by act of parliament , and voidance by the ecclesiastical law. . a prohibition granted upon sequestration of a benefice by the bishop . . the fifth paragraph aforesaid adjudged and determined . . how the voidance in case of three benefices in one person . . benefice not void , if the king license the incumbent to be an incumbent and a bishop . . how the taking of a second benefice is a voidance of the first . . whether so , in case of a chaplain of the king. . whether so , in case of a si modo or modo sit , by way of a limitation in the dispensation . . whether the word dispensamus be necessary in the letters of dispensation for a plurality ? . the kings retainer of a chaplain by word only qualifies him for a plurality within the statute of h. . . whether a third chaplain retained by a countess widow , is qualified to purchase a dispensation for plurality . . in reference to plurality , whether regard is to be had to the value mentioned in the statute of h. . or to the true value of the benefice . . whether admission and iustitution makes the first benefice void without induction . . whether before the statute of h. . the pope might here grant dispensations for pluralities . . whether the retainer of a chaplain may be good and sufficient without a patent . . in what case a dispensation for plurality may come too late , though before induction . . three resolutions of law in reference to avoidance by reason of plurality . ( . ) plurality , according to the common acceptation of the word , is where one and the same person is possessed of two or more ecclesiastical benefices with cure of souls , simul & semel . it was long since condemned by the general council of lateran a , whereby it was ordained , that whatever ecclesiastical person , having one benefice with cure of souls , doth take another such , shall ipso jure be deprived of the former ; and if he contest for the retaining thereof , shall lose both b . notwithstanding which canon , it was heretofore usual with the pope to usurp a power of dispensation in this matter , the which de jure was anciently practised by kings , as supream , and as the original donors of benefices and ecclesiastical dignities ; witness edmond that monk of bury , who by virtue of such dispensations held several ecclesiastical benefices at one and the same time . the said canon ( as to the substance thereof , relating to pluralities ) is now confirmed by the statute of h. . . which limits the former benefice with cure of souls to the yearly value of eight pounds or upwards , and the time of avoidance thereof to be immediately after possession , by induction into the other with cure of souls ; with power of presentation de novo granted to the patron of the former benefice , and all benefit of the same to the presentee , as if the incumbent had died or resigned . q. whether the said yearly value of eight pounds or above , ought to be computed according to the valuation in the kings books , as returned into the exchequer , and now used in the first-fruits office , or according to the just and true value of the benefice c . q. likewise , whether a parson of a church impropriate , with a vicar perpetually endowed , accepting of a presentation unto the vicarage without dispensation , be a pluralist within the canon and statute aforesaid ? the negative is supposed to give the best solution to the question d ( . ) the same power of granting faculties , pluralities , commendams , &c. which anciently the pope exercised in this realm by usurpation , is by the statute of h. . cap. . and eliz. transferr'd unto and vested in the crown de jure ; also from and under the king , in the archbishop of canterbury and his commissaries by authority derived from the crown : the pope anciently granted to bishops after consecration , dispensations recipere & obtinere beneficium cum cura animarum , to hold the same in commendam , the which he did in this realm by usurpation , and which the crown may now do de jure ; for the same power ( as aforesaid ) which the pope had , is by the acts of parliament in h. . & eliz. in the king de jure . but there is a very material difference between the dispensations anciently here granted by the pope , and those at this day by the king and archbishop , confirmed by the kings letters patents , which are not good otherwise than to such as are compleat incumbents at the time of granting thereof , whereas it was sometimes otherwise with the other ; whence it is observable , that in digbie's case the dispensation came too soon : a. is instituted and inducted into a benefice with cure , value eight pounds per ann . afterwards the king presenting him to another with cure , he is admitted and instituted : afterwards the archbishop of canterbury grants him letters of dispensation to hold two benefices ; the king confirms the same : afterwards he is inducted into the second benefice . in this case the dispensation comes too late , because by the institution into the second benefice the first benefice was void by the stat. of h. . e . ( . ) the acceptance of a second benefice , with a dispensation , comes not under the notion of prohibited pluralities , in case the first were vnder the annual value of eight pounds , or sine cura . and what persons are qualified either for the granting or receiving pluralities , appears by the stat. of h. . c. . in which there is not any limitation of number of chaplains to be retained by the king , queen , and prince , and other the king's children ; for which reason they may retain as many chaplains as they please , and each of them qualificable by a dispensation for plurality : but if either of the king's chaplains be sworn of his majesties most honourable privy council , such may purchase a dispensation to hold three benefices with cure of souls . the persons specially qualified by dispensations for pluralities , are either ( ) such as are retained as chaplains to persons of honour : or ( ) such as are qualified thereto in respect of their birth : or ( ) such as are dignified with some certain degrees in either of the universities of this kingdom . in reference to the first of these , every archbishop and duke may have six chaplains ; marquess and earl , five ; every viscount and other bishop , four ; lord chancellor , three ; knight of the garter , three ; baron , three ; dutchess , marchioness , countess , and baroness ( being widows , ) two ; treasurer and controller of the kings house , two ; the kings secretary and dean of his chappel , the kings almner and master of the rolls , two ; the chief justice of the kings bench , and warden of the cinque ports , one. in reference to the second qualification , viz. by birth , the brothers and sons of all temporal lords , and of knights , born in wedlock , may purchase dispensations to hold two parsonages , &c. with cure of souls . in reference to the third , all doctors and batchelors of divinity , doctors and batchelors of law , presented to any of these degrees , not by grace only , but by any of the universities of this realm , may purchase and hold as aforesaid . vid. statute h. . cap. . ( . ) although by the letter of which act the first living is not void until induction into the second , the words being [ if the party be instituted and inducted in possession of the second living , that then the first shall be void : ] yet to avoid the great inconveniency ( as sir simon degge observes in his parsons counsellor ) that otherwise would ensue , it has been held , that the first living is void upon the bare institution into the second ; and so it should seem the law was before the making of this act , where the party had no dispensation . the sufficiency of qualification for plurality relates as well to the dispensation as to the person ; for if the dispensation , after its being had from the master of the faculties , be not confirmed under the great seal of england , other qualifications will not suffice . nor are the supernumerary chaplains of any person of honour , retained by him above the number allowed by the statute , qualified for plurality . co. . . b. versus the bishop of gloucester , and saveacre . anders . more , . the death , attainder , degradation , or displacing of a chaplains lord , or his discharging his chaplain , unqualifies him for a plurality of incompatible livings i ; otherwise of the chaplain of a dutchess , marchioness , countess , or baroness , in case of after-marriage k . a double capacity in one and the same person of honour to qualifie his chaplains , doth but capacitate him to qualifie his number of chaplains only according to his best qualification l . a person of honour having retained his full number of chaplains , and discharging them after their preferment , may not during their lives qualifie others m . ( . ) the question was formerly put , whether the l. yearly value , intentioned in the statute of h. . c. . shall be understood according to the taxed value in the kings books , or according to the very true value of the benefice ? mr. hughes in his parsons law reports a case in king james's time , wherein this question was debated pro & con , the judges equally divided , the case for difficulty and variance of opinion adjourned , and afterwards ( as he there speaks de auditu ) by order of the king compounded n . in that case two presidents it seems were shewed in proof of that opinion , which inclined to have it taken according to the very value of the benefice o ; notwithstanding , when the same point came again several years after into question , the court then seemed to incline against the opinion , which was for the very value of the benefice : but ( says he ) the case was not then resolved or adjudged , but remaineth a question undetermined p . quaere the law. foster and walmesley justices held the value should be taken according to the taxed value , as in the book of first-fruits : but warburton and coke chief justice , contra. it hath been resolved in holland's case , and likewise in digby's case , rep. . and often before since the council of lateran , an. do. . that if a man have a benefice with cure , whatever the value be , and is admitted and instituted into another benefice with cure , of what value soever , having no qualification or dispensation , the first benefice is ipso facto so void , that the patron may present another to it , if he will. but if the patron will not present , then if under the value , no lapse shall incurr untill deprivation of the first benefice , and notice : but if of the value of eight pounds , or above , the patron at his peril must present within six months by the statute of h. . q . and in that case of digby it was adjudged , that when a man hath a benefice with cure above eight pounds , and afterwards taketh another with cure , and is presented and instituted , and before induction procures the letters of dispensation , that this dispensation comes too late : for by the institution ecclesia plena & consulta existit against all persons except the king ; for every rectory consisteth upon spiritualty and temporalty . and as to the spiritualty , viz. cura animarum , he is compleat parson by the institution ; for when the bishop upon examination had , admitteth him able , then he doth institute him , and saith , instituo te ad tale beneficium , & habere curam animarum of such a parish , & accipe curam tuam , &c. vide h. . . but touching the temporalties , as the glebe-lands , &c. he hath no freehold in them until induction : for by the general council of lateran , anno dom. . it appeareth , that by the acceptance of two benefices the first is void , aperto jure ; for upon this council are the books of the common law in this ca●e founded . and it was in this case resolved , that this was an acceptance of a benefice cum cura within the statute of h. . institution is an acceptance by the common law r . a man was presented to a church with a vicarage endowed ; the parson accepted of a presentation to the vicarage without dispensation : whether this were a plurality by the canon law , and by the statute of h. . was the question . hobart chief justice was of opinion , that notwithstanding they were several advowsons , and several quare impedits might be brought of them , and several actions maintain'd for their several possessions , yet the presentment of one man to the parsonage and vicarage was no plurality , because the parsonage and vicarage are but one cure : and there is a proviso in the statute , that no parsonage that hath a vicar endowed , shall be taken by the name of a benefice with cure within the statute , as to make it a plurality s . ( . ) the lord hobart in colt and glover's case against the bishop of coventry and lichfield is clear of opinion , that bishopricks are not within the law under the word [ benefices ] in the statute of h. . cap. . so that if a parson take a bishoprick , it avoids not the benefice by force of this law , but by the ancient common law , as it is holden h. . but withal he holds it as clear , that if a bishop have or take two benefices , parsonages , or vicarages , with cure , either by retainer , or otherwise de novo ▪ he is directly as to these benefices within the law ; for he is to all purposes for those not a bishop ( whether it be in his own diocess or not ) but a parson or vicar ; and by that name must sue and be sued , and prescribe and claim . for if any person , having one benefice with cure , &c. take another , &c. whosoever will hold two benefices , must have such a qualification , and such a dispensation , as the law h. . requires : whereupon the lord hobart in the foresaid case is clear of opinion , that if a man be qualified chaplain to any subject , and then be made a bishop , his qualification is void , so as he cannot take two benefices de novo after by force of that qualification : but if he had lawfully two benefices before his bishoprick , he may by dispensation of retainer ( besides his former dispensation , to take two benefices ) hold them with his bishoprick . and if a man , being the king's chaplain , take a bishoprick , he holds that he ceaseth to be the king's chaplain ; and bishops are not in that respect chaplains to the king , within the meaning of the statute : so that the clause of the statute that gives the king power to give as many benefices as he will of his own gift to his chaplain , will not serve them q . in this case of colt , &c. against the bishop of &c. he is of opinion , that if a man have a benefice with cure worth above l. he cannot without qualification and dispensation procure another with cure , to be united to it after , though they make but one benefice ; for this cautel of union is provided for by name : but of unions before , he is of another opinion ▪ case colt , hob. rep. ( . ) in ancient times the pope used to grant dispensations of the canons in this realm , and so might the king have done . the first statute that restrain'd the power of the pope , was that of h. . of pluralities : that the church shall be void , notwithstanding any grant of the pope : also the power of the pope was taken away by the statute of h. . before that of the h. . the pope might have dispensed with a man to have twenty benefices ; and so might the king. the h. . was the first statute , or law , which gave allowance for pluralities ; afterwards by the h. . the power of the pope was given to the king : but as it was said and agreed in the case of evans and ascough , that was not by way of introduction , but cumulutive and by way of exposition . and by that statute the archbishop of canterbury had in this matter a concurrent power with the king , and dispensation granted by the king , or by the archbishop , is good r . also in the said case it was agreed by all the justices , that if a parson or dean in england doth take a bishoprick in ireland , it makes the first church void by cession ; because ireland is a subordinate ▪ realm to england , and governed by the same law : for it was there agreed by all , as well by the justices as those of the barr , that if a parson or dean in england take a bishoprick in ireland , the first church is void by cession . justice whitlock gave this reason for it , because there is but one canon law per totam ecclesiam ; and therefore wherever the authority of the pope extended it self , be it in one or divers realms ▪ the taking of a bishoprick made the deanary or parsonage void . nemo potest habere duas militias , nec duas dignitates , & est impossibile quod unus homo potest esse in duobus locis uno tempore . and r. . f. tryal . the whole spiritual court is but one court ; which book is very remarkable to that purpose , that the canon law is but one law : which reason was also given by justice doderidge in the same case , and upon the same point , who said , that the law of the church of england is not the pope's law , but that all of it is extracted out of ancient canons ; as well general as national . another reason which he then gave was , because ireland is a subordinate realm , and governed by the same law : because although before the time of h. . they were several kingdoms or realms , yet the laws of england were there proclaimed by king john , and is subject to the laws of england . and if the king , having a title to present to a church in ireland , confirm it to the incumbent under the great seal of england , it is good . ed. . . s . ( . ) in savacre's case it was adjudged in the common pleas , that if a baron , or others mentioned in the statute of h. . take divers chaplains which have many benefices , and after they discharge their chaplains from their service , they shall retain their benefices during their lives , and if the baron takes others to be his chaplains , they cannot take many benefices during the lives of the others , which are beneficed and discharged of their services ; for if the law were otherwise , the lords might make any capable of holding benefices by admitting them to be their chaplains t . ( . ) t. prayed a prohibition to the arches ; the case was this , one had a recovery in a quare impedit , and he had a writ to the bishop against t. upon which a. his clerk was admitted , &c. and after the recovery died , and t. supposing his heir to be in the ward of the king , and that the said a. took another benefice without sufficient qualification , by which the church was void by cession , and he attained a presentation of the king , and he was admitted , &c. by the lord-keeper , being within the diocess of lincoln , and a. sued him in the ecclesiastical court , and t. prayed a prohibition , and it was granted per totam curiam ; for without question there ought nothing to be questioned in the ecclesiastical court after the induction of the party : and whether it is a cession or not , doth properly belong to the common law : and jones cited a judgment in william's case according . note , that by the constitution of otho and othobon , that institution and induction is voidable in the ecclesiastical court , if no prohibition be prayed n . ( . ) in the case of the king against the archbishop of canterbury and thomas prust clerk in a quare impedit , was vouched holland's case in cok. , . to shew that there is a difference between voidance by act of parliament , and voidance by the ecclesiastical law : for before the statute by the taking of the second benefice , the first church was void ; but not so that the lapse incurred upon it . and as for pluralities , the words of the statute are , that it shall be void , as if he were naturally dead ; and therefore if a man takes a second benefice and dies , issue ought to be taken , whether the first vacavit per mortem ; and it is found , that not : for it was void before the death of the incumbent w . ( . ) p. was collated , instituted , and inducted by the bishop of exeter , patron dr. hall ; the bishop collates another , pretending that the first incumbent had taken a second benefice , whereupon the first was void ; and revera the first incumbent had a dispensation : and notwithstanding that , the bishop sequesters the benefice ; and upon discovery thereof to the court , a prohibition was granted x . ( . ) in bene's case against trickett , the point was , whether the value of the church for plurality by h. . shall be eight pounds according to the book of rates and valuation in the first-fruits office , or according to the very value of the church per annum . atkinson , that according to the value of the king's books : for the parliament never thought that any man could live upon so little as eight pounds per annum , which is not six pence a day . note , e. , . and dyer . but by the court , that it shall be according to the very value of the church in yearly value in the statute of h. . and by gawdy and fenner , to whom agreed yelverton , that the eight pound shall be accounted according to the very value of the church per annum y . ( . ) in a quare impedit it was doubted , if a. having two benefices with the cure by dispensation , and then takes a third benefice with cure , if now both the first benefices , or the first of them only be void . hieron said , that it was adjudged that both of them should be void z . ( . ) if the king grant a licence to an incumbent to be an incumbent and a bishop ▪ and he afterwards be made a bishop , the n●●ice is not void a . henry de blois , brother to king stephen , was bishop of winchester , and abbot of glassenbury b . ( . ) it seems that at the common law , if an incumbent had taken a second benefice with cure , neither the first nor the second had been void c . but by the general council of lateran , held in the year . it was ordained , that if a man took divers benefices with cure of souls , the first should be void , unless he had a dispensation from the pope d . this constitution of the said general council is ratified and confirmed in pecham's constitutions , at a provincial synod held in this realm e . also if an incumbent take a second benefice with cure , whereby the first is void by the canon as to the patron , so as he may present before any deprivation , yet until deprivation it is not void as to a stranger ; for if he sues a parishioner for tithes , the taking of a second benefice is not any barr to him . trin. . car. b. r. per justice bark . which justice yelverton in his argument in prust's case said , that it had been so adjudged f . and if an incumbent of one or more benefices with cure be consecrated bishop , all his benefices are ipso facto vold ; upon which voidance the king , and not the patron , is to present to the benefices so void by cession ; and any dispensation after consecration comes too late to prevent the voidance ; for the pope could formerly , and the archbishop now , can sufficiently dispense for a plurality by the statute of h. . g . the chief text of the canon law against pluralities seems to be that of the decretal de praebend . & dign . c. de multa , where it is said , that in concilio lateranensi prohibitum , ut nullus diversas dignitates ecclesiasticas , vel plures ecclesias parochiales , reciperet , contra sanctorum canonum instituta , &c. et praesenti decreto statuimus , ut quicunque receperit aliquod beneficium curam habens animarum annexam , si prius tale beneficium habehat , sit ipso jure privatus , & si forte illud retinere contenderit , etiam alio spolietur , &c. consonant to which is that in decret . caus . . q. . in duabus ecclesiis clericus conscribi nullo modo potest . in the case of a commendam adjudged in ireland , the original and inconvenience of dispensations and obstante's was well weighed and considered ; where it was said , that the non obstante in faculties and dispensations was invented and first used in the court of rome ; for which marsil . pat. pronounced a vae against the said court , for introducing that clause of non obstante , that it was an ill president , and mischievous to all the commonwealths of christendom . for the temporal princes perceiving that the pope dispensed with canons , in imitation thereof have used their prerogative to dispense with their penal laws and statutes , when as before they caused their laws to be religiously observed , like the laws of the medes and persians , which could not be dispens'd with . see the case of penal statutes co. . fo . . h. for this reason it was that a canonist said , dispensatio est vulnus quod vulnerat jus commune . and another saith , that all abuses of this kind would be reformed , si duo tantum verba , viz. [ non obstanie ] non impedi●ent . and matth , par. in anno dom. . having recited certain decrees made in the council of lions , which were beneficial for the church of england , sed omnia baec & alia ( says he ) per hoc repagulum [ non obstante ] infirmantur . ( . ) in a quare impedit the case was , dr. playford being chaplain of the king , accepted a benefice of the presentation of a common person ; and he after accepted another presentation of the king , without any dispensation , both being above the value of eight pounds per annum . the question was , whether the first benefice was void by the statute of h. . cap. . for if that were void by the acceptance of the second benefice without dispensation , then this remains a long time void , so that the king was intituled to present by lapse , and presented the plaintiff . the statute of h. . provides , that he who is chaplain to an earl , bishop , &c. may purchase licence or dispensation to receive , have , and keep two benefices with cure , provided that it shall be lawful for the king's chaplains , to whom it shall please the king to give any benefices or spiritual promotions , to what number soever it be , to accept and receive the same without incurring the danger , penalty , and forfeiture in this statute comprised ; upon which the question was , whether by this last proviso , a chaplain of the king having a benefice with cure above the value of eight pounds per annum , of the presentation of a common person , might accept another benefice with cure over the value of eight pounds also of the presentation of the king without dispensation● the words of the statute , by which the first church is made void , are , that if any parson having one benefice with cure of souls ▪ being of the yearly value of eight pounds or above , accept or take any other with cure of souls , and be instituted and inducted into possession of the same , that then , and immediately after such possession had thereof , the first benefice ●hall be adjudged in the law to be void ; holland's case , co. . ● . this case was not argued , but the point only opened by dodesidge , serjeant of the king , for the plaintiff . ( . ) a. was parson of m. which was a benefice with cure , of the value of eight pounds , and was chaplain to the earl of s. and obtained a dispensation to accept of another benefice , modo sit within ten miles of the former , which was confirmed under the great seal ▪ he accepted of another benefice seventeen miles distant from the first , and was instituted and inducted , both benefices being within the diocess of lincoln . the archbishop in his visitation inhibited the bishop of lincoln not to execute any jurisdiction during his visitation : it was found that the patron had neglected to present to the first benefice within the six months ; and that the bishop of lincoln within the second six months collated one to the first benefice , who was admitted and inducted . the points were , whether ( ) si modo was a condition in this licence , and made the first benefice void when he took the second ? ( ) whether the bishop collating , during the time of the archbishop's visitation , and after his inhibition , was good ? resolved , that in the principal case , si modo should not be taken for a condition , and that the benefice should not be void quoad the patron , as the taking of a second benefice is by the statute of h. . and then the second point of the collation by the bishop , in the time of the visitation , and also the inhibition , will not be material . ( . ) quare impedit , pretending the church void for plurality ; the defendant said he was chaplain to the lord m. and pleaded a dispensation from the archbishop of canterbury , and confirmation thereof . in the letters of dispensation the words were ( mentioning the two benefice to be of small value ) unimus anneximus & incorporamus , the second benefice to the first without the word of dispensamus thereof : the court held it a sufficient dispensation ; for it is not of necessity to have the word dispensamus ; and if the circumstances prove it , it is sufficient . ( . ) in the case between whetstone and higford , it was held by the justices , that if the queen retains a chaplain by word only , yet he is such a person as may have a plurality within the statute of h. . of pluralities , and is a person able to make a lease . and in a quare impedit it was resolved , that if there be two parsons of one church , and each of them hath the entire cure of the parish , and both the benefices be of the value of eight pounds , and the one dieth , and the other be presented , it is a plurality within the statute of h. . ( . ) the countess of k. being a widow , retained two chaplains , and after retained a third ; the third purchased a dispensation to have two benefices with cure , and he was advanced accordingly , whereof the first was above the value of eight pounds : it was adjudged in this case , and afterwards affirmed in a writ of error , that he was not lawfully qualified within the statute of h. . by which the first benefice , by acceptance of a second , was void ; and that the title did accrue to the queen to present ; for it was resolved , that the statute gives power to a countess to retain two chaplains and no more , and when the statute is executed she cannot retain a third chaplain ; and the retainer of the third cannot divest the capacity of dispensation which was vested by her retainer in the two first chaplains . ( . ) a parson having a benefice of the value of eight pounds , took a second benefice without dispensation , being above the value of eight pounds : the court took no consideration of the statute of h. . and the value there mentioned , but regarded only the true value of the benefice . ( . ) for title to an avoidance the statute of h. . was pleaded , touching the taking of a second benefice with cure ; issue was upon the induction ; by which it seemed to be admitted , that admission and institution did not make the first benefice void without induction . ( . ) quare impedit brought , the defendant pleaded the statute of h. . cap. . of pluralities , that the last incumbent had a benefice with cure of the value of eight pounds , and took another benefice and was inducted eliz. upon which the queen did present the defendant by lapse : the plaintiff shewed the proviso in the statute of h. . cap. . that chaplains qualified might purchase dispensations and take two benefices , and that eliz. before the parliament he purchased a dispensation from the pope , and after he took the second benefice , and died . the question was , whether before the statute of h. . the pope might grant dispensations ? it was resolved , he could not ; for that the king 's of england had been sovereigns within their realms of the spiritualties ; and the justices held , that the dispensation in question was made eliz : and so out of the statute of h. . cap. . and that this dispensation to retain a second benefice was against the statute of h. . cap. . ( . ) the countess of k. had two chaplains by patent , a third had no patent of chaplainship , but he was first retained , and took two benefices by dispensation : it was adjudged , he was lawful chaplain ; for the patent is not of necessity , but only in case where he hath cause to shew it , and here he hath no cause to shew it , because her retainer was good without a patent . ( . ) the case between robins , gerrard , and prince was in effect this , viz. a man is admitted , instituted , and inducted into a benefice with cure of the value of eight pounds , and afterwards the king presents him to the church of d. which is a benefice with cure , and he is admitted and instituted . the archbishop grants him letters of dispensation for plurality , which letter the king confirms , and afterwards he is inducted to the church of d. in this case it was adjudged , that the dispensation came too late , because it came after the institution ; for by the institution the church is full against all persons except the king ; and as to the spititualties , he is full parson by the institution . ( . ) resolved , that admit the church was not full by the institution until induction , yet the dispensation came too late ; for that the words of the statute of h. of pluralities are [ may purchase licence to receive and keep two benefices with cure of souls , ] and the words of dispensation in this case , were recipere & retinere ▪ and because by the institution the church was full , he could not purchase licence to receive that which he had before , and he cannot retain that which he cannot receive . ( . ) in the case of a prohibition it was resolved , that by the common law before the statute of h. . the first benefice was void without a sentence declarative , so as the patron might present without notice . ( . ) that the statute of h. . of pluralities is a general law of which the judges are to take notice without pleading of it . ( . ) that the queen might grant dispensations as the pope might , in case where the archbishop had not authority by the statute of h. . to grant dispensations , because all the authority of the pope was given to the crown by the statute . but yet the statute , as to those dispensations which the archbishop is to grant , hath negative words , and the bishop shall make the instrument under his seal . chap. xxvii . of deprivation . . what deprivation is , and in what court to be pronounced . . the causes in law of deprivation . . in what cases deprivation ipso facto , without any declaratory sentence thereof , may be . . a cardinal 's case of deprivation by reason of miscreancy . . the papal deprivation by reason of marriage . . what the law is in point of notice to the patron , in case of deprivation by reason of meer laity or nonage . . the difference of operation in law between malum prohibitum and malum in se ; and in what cases of deprivation notice ought to be given to the patron . . deprivation by reason of degradation ; which degradation at the canon law may be two ways . . cawdry's case of deprivation for scandalous words against the book of common prayer , sentenced by the high commissioners . . deprivation for non-conformity to the ecclesiastical canons , by the high commissioners , agreed to be good . . deprivation for not reading the articles of religion according to the statute of eliz. . deprivation by the high commissioners for drunkenness . . the church is not void by the incumbents being deprivable , without deprivation . . for an incumbent to declare his assent to the articles of religion , so far as they agree with the word of god , is not that unfeigned assent which the statute requires . . a church becomes void presently upon not reading the articles , and there needs not any deprivation in that case . . a case wherein a sentence declaratorie for restitution makes a nullity in the deprivation . . an appeal from a sentence of deprivation , prevents the church's being void pro tempore . . vpon deprivation for meer laity or incapacity the lay-patron must have notice ere the lapse incurrs against him . . an incumbent excommunicated , and so obstinately persisting daies , is deprivable . ( . ) deprivation is a discharge of the incumbent of his dignity or ministery , upon sufficient cause against him conceived and proved ▪ for by this he loseth the name of his first dignity , and that either by a particular sentence in the ecclesiastical court , or by a general sentence by some positive or statute-law of this realm : so that deprivation is an ecclesiastical sentence declaratory , pronounced upon due proof in the spiritual court , whereby an incumbent being legally discharged from officiating in his benefice with cure , the church pro tempore becomes void : so that it is in effect the judicial incapacitating an ecclesiastical person of holding or enjoying his parsonage , vicarage , or other spiritual promotion or dignity , by an act of the ecclesiastical law only in the spiritual court , grounded upon sufficient proof there of some act or defect of the ecclesiastical person deprived . this is one of the means whereby there comes an avoidance of the church , if such sentence be not upon an appeal repealed . the causes of this deprivation by the canon law are many , whereof some only are practicable with us in the ecclesiastical laws of this realm , and they only such as are consonant to the statutes and common law of this kingdom . ( . ) all the causes of deprivation may be reduced to these three heads : ( ) want of capacity . ( ) contempt . ( ) crime . but more particularly , it is evident , that the more usual and more practicable causes of this deprivation are such as these , viz. a meer laity or want of holy orders according to the church of england , illiterature or inability for discharge of that sacred function , irreligion , gross scandal , some heinous crime , as murther , manslaughter , perjury , forgery , &c. villany , bastardy , schism , heresie , miscreancy , misbelief , atheism , simony , * illegal plurality , † incorrigibleness and obstinate disobedience to the approved canons of the church , as also to the ordinary , * non-conformity , refusal to use the book of common prayer , or administer the sacraments in the order there prescribed ; the use of other rites or ▪ ceremonies , order , form , o● celebrating the same , or of other open and publick prayers ; the preaching or publishing any thing in derogation thereof , or depraving the same having formerly been convicted for the like offence a the not reading the articles of religion within two months next after induction , according to the statute of eliz . cap. . the not reading publickly and solemnly the morning and evening prayers appointed for the same day according to the book of common prayer , within two month ; next after induction on the lord's day ; the not openly and publickly declaring before the congregation there assembled his unfeigned assent and consent ( after such reading ) to the use of all things therein contained , or in case of a lawful impediment , then the not doing thereof within one month next after the removal of such impediment b ; a conviction before the ordinary of a wilful maintaining or affirming any doctrine contrary to the articles of religion , a persistance therein without revocation of his error , or re-affirmance thereof after such revocation c ; likewise incontinency , drunkenness , and daies excommunication : to all which might also be added dilapidation , for it seems anciently to have been a dilapidator was a just cause of deprivation , whether it were by destroying the timber-trees , or committing waste on the woods of the church-lands , or by putting down or suffering to go to decay the houses or edifices belonging to the same d ; as appears by lyford's case e , as also in the bishop of salisbury's case f . conviction of perjury in the spiritual court according to the ecclesiastical laws , which although ( as aforesaid ) it be a just cause of deprivation , must yet be signified by the ordinary to the patron g ; so also must that deprivation , which is caused by an incapacity of the party instituted and inducted for want of holy orders h . ( . ) by the statute of h. . if an incumbent having a benefice with cure of souls , value l. per ann . take another with cure , immediately after induction thereunto , the former is void , and void without any declaratory sentence of deprivation in the ecclesiastical court , in case the second benefice were taken without a dispensation ; and of such avoidance the patron is to take notice at his peril i . and as avoidance may be by plurality of benefices incompatible , without dispensation : so also by not subscribing unto , and not reading the articles ( as aforesaid ) which by the statute of eliz. c. . is a deprivation ipso facto , as if the incumbent were naturally dead ▪ insomuch that upon such avoidance there need not any sentence declaratory of his deprivation , but the very pleading and proof of his not reading the said articles , is a sufficient barr to his claim of tithes , without any mentioning at all his being deprived in the ecclesiastical court k . yet sir simon degge in his parsons counsellor putting the question , what shall be intended by the words [ deprived ipso facto , ] as whether the church shall thereby immediately become void by the fact done , or not till conviction or sentence declaratory ? modestly waives his own opinion , and says it is a quaere made by dyer , what shall be intended by the words [ ipso facto excommunicate ] for striking with a weapon in the church-yard l , albeit by the canon law , which condemns no man before he be heard , requiritur sententia declatoria m . ( . ) touching deprivation by reason of miscreancy , the cardinal , who by the bishop of durham was collated to a benefice with cure , is ( it seems ) the standing president ; in which case it was agreed , that notwithstanding the cardinal 's being deprived for his miscreancy in the court of rome , yet whether he were miscreant or not , should be tried in england by the bishop of that diocess where the church was n . ( . ) among the many causes of deprivation forementioned you do not find that of marriage in the priest , which was anciently practicable , as appears by what the lord coke reports touching an incumbent in the time of king ed. . who being deprived in queen maries daies , partly because he was a married person , and partly because of his religion , was restored again in the time of queen elizabeth . in whose case it was adjudged , that his deprivation was good until it was voided by a sentence of repeal , whereby he became incumbent again by virtue of his first presentation without any new presentation , institution , or induction o . in those days it was held , that the marriage of a priest was a sufficient cause to deprive him of his benefice . mich. . ma. dy. . ( . ) in the case where a meer lay-man is presented , instituted , and inducted , he is ( notwithstanding his laity ) such an incumbent de facto , that he is not deprivable but by a sentence in the ecclesiastical court ; but then the ordinary is in that case to give notice of such deprivation to the patron ; otherwise , in case the ordinary for that cause refused him , when he was presented by the patron p . but where non-age is the cause of deprivation , as when one under the age of years is presented , notice is to be given , it having been adjudged , that no lapse shall incurr upon any deprivation ipso facto without notice , seeing the statute of eliz. . says nothing of presentation ; which remaining in force , the patron ought to have notice q . ( . ) as in the admission of a clerk to a benefice whatever is a legal impediment , will also be a sufficient cause of deprivation : so in reference to both , the law takes care to distinguish between that which is only malum prohibitum , and that which is malum in se ; and therefore doth not hold the former of them , such as frequenting of taverns , unlawful gaming , or the like , to be a sufficient cause of a clerks non-admission to a benefice , or of his deprivation being admitted r : otherwise , if you can affect him with that which is malum in se ; in which case notice is to be given the patron by the ordinary , of the cause of his refusal or deprivation s ; as also it is in case of deprivation for not subscribing or not reading the articles of religion according to the foresaid statute of eliz. . which notice ought to be certain and particular , a general notice of incapacity not sufficing ; in which case an intimation of such particular incapacity affixed on the church-door ( if the patron be in partibus longe remotis , or may not easily be affected therewith ) will answer the law. vid. eliz. dyer . eliz. dyer . & eliz. dyer . . & co. par . . . green 's case . ( . ) it is evident from the premisses , that a deprivation from an ecclesiastical benefice will follow upon a disgrading or degradation from the ecclesiastical function or calling , for this degradation is the incapacitating of a clerk for discharge of that holy function , for it is the punishment of such a clerk , as being delivered to his ordinary , cannot purge himself of the offence , whereof he was convicted by the jury : and it is a privation of him from those holy orders of clerkship which formerly he had , as priesthood , deaconship , &c. t . and by the canon law this may be done two waies , either summarily , as by word only ; or solemnly , as by devesting the party degraded of those ornaments and rites , which were the ensigns of his order or degree u . but in matters criminal princes anciently have had such a tender respect for the clergy , and for the credit of the whole profession thereof , that if any man among them committed any thing worthy of death or open shame , he was not first executed or exposed to publick disgrace , until he had been degraded by the bishop and his clergy ; and so was executed and put to shame , not as a clerk , but as a lay-malefactor ; which regard towards ecclesiasticks in respect of the dignity of the ministry , is observed by a learned author to be much more ancient , than any papistical immunity x ; and is such a priviledge as the church , in respect of such as once waited on the altar , hath in all ages been honoured with . ( . ) robert cawdry clerk , rector of the church of l. was deprived of his rectory by the bishop of london and his collegues , by virtue of the high commission to them and others directed , because he had pronounced and uttered slanderous and contumelious words against and in depravation of the book of common prayer ; but the form of the sentence was , that the said bishop by and with the assent and consent of five others of the said commissioners his companions , and namely which deprived him . it was not sound that the commissioners were the natural born subjects of the queen , as the statute enacts that they should be . and it was moved , that the deprivation was void ; ( ) because , that whereas the commission is to them , or any three of them , of which the said bishop to be one amongst others , it ought to have been the sentence of them all ( according to the authority given to them , which is equal ) and not of one with the assent of the other . ( ) because it is not found , that the commissioners are the natural born subjects of the queen , as by the words of the statute they should be . ( . ) because the punishment , which the statute provides for those of the ministry which deprave this book , is to lose the profits of all their spiritual promotions but for a year , and to be imprisoned by the space of six months , and not to be deprived till the second offence , after that he had been once committed ; and therefore to deprive him for the first offence was wrongful and contrary to the statute . but the whole court , for the form of the deprivation , it is that which is used in the ecclesiastical courts , which alwaies names the chief in commission , that are present at the beginning of the sentence , and for the other they mention them only as here ; but of their assent and consent to it , and in such cases we ought to give credit to their form , and therefore it is not to be compared to an authority given at common law by commission . and it is to be intended , that the commissioners were the natural born subjects of the queen , unless the contrary appear : but here at the beginning it is found , that the queen secundum tenorem & effectum actus praedict . had granted her commission to them in causis ecclesiasticis , and therefore it appeareth sufficiently , that they were such as the statute wills them to be . and for the deprivation , they all agreed that it was good , being done by authority of the commission ; for the statute is to be understood , where they prosecute upon the statute by way of indictment , and not to restrain the ecclesiastical jurisdiction , being also but in the affirmative . and further , by the act and their commission they may proceed according to their discretion to punish the offence proved or confessed before them , and so are the words of their commission warranted by the clause of the act. and further , the ecclesiastical jurisdiction is saved in the act. and all the bishops and popish priests were deprived by virtue of a commission warranted by this clause in the act. vid. hill. eliz. rot. . x . ( . ) before many noble-men , archbishops and bishops , and the justices and barons of the exchequer , ( ) agreed , that the deprivation of minsters for non-conformity to the last canons was lawful by the high commissioners : for by the common law the king hath such a power in causes ecclesiastical ; and it is not a thing de novo , given by the first of eliz. for that is declaratory only , &c. and the king may delegate it to commissioners : and the king without a parliament may make constitutions for the government of the clergy : and that such a deprivation ex officio , without libel , is good . ( . ) that the statute of h. . c. . is to be intended , when they proceed upon libel , and not when ex officio , read the statute . ( . ) when their petition is subscribed by a great number , with intimation , that if the king denies their suit , that many thousands of his subjects shall be discontented ; that this is an offence finable at discretion , and is near to treason , by raising sedition by discontent , &c. y . vid. more 's rep. trin. jac. in the star-chamber . ( . ) by the statute of eliz. cap. . it is enacted , that every person , &c. to be admitted to a benefice with cure , except that within two months after his induction , he publickly read the said articles * in the same church whereof he shall have cure , in the time of common prayer there , with declaration of his unfeigned assent thereto , &c. shall be upon every such default ipso facto immediately deprived . then follows afterwards a proviso relating to this clause , viz. provided alwaies , that no title to conferr or present by lapse , shall accrue upon any deprivation ipso facto , but after six months after notice of such deprivation given by the ordinary to the patron . thus the patron immediately upon such deprivation may present , if he please , and his clerk ought to be admitted and instituted ; but if he doth not , no lapse incurrs until after six months after notice of the deprivation given to the patron by the ordinary , who it seems is to supply the cure until the patron present . in the last case of the lord dyer el. it was resolved , that where a man having a living with cure under value , accepted another under value also , having no qualification or dispensation , and was admitted , instituted and inducted into the second , but never subscribed the articles before the ordinary , as the statute of of el. requires . upon question , whether the first living vacavit per mortem of him or not ? the court resolved , that the first living became vacant by his death , and not by accepting the second , because he was never incumbent of the second , for not subscribing the articles before the ordinary , whereby his admission , institution , and induction into the second living became void , as if they had never been . this differs from the case of not reading the articles within two months after induction : for the not subscribing the articles makes , that he never was incumbent of the second living , and consequently no cause of losing the first ; but the not reading the articles within two months after induction , doth cause a deprivation of that whereof he was incumbent . for as an incumbent , that without qualification or dispensation doth take a second living , doth thereby lose the first : so the same incumbent for not reading the articles within two months after his induction into the second may lose the second , and thereby lose both , viz. the first by taking a second without qualification or dispensation , and the second for not reading the articles , as aforesaid , whereof he was compleat incumbent by admission , institution , and induction of the second living full two months before he lost it for not reading the articles z . ( . ) parker , being parson of a church was deprived by the high commissioners for drunkenness , and moved for a prohibition , but it was not granted ; and he was directed to have action for the tithe , and upon that the validity of the sentence shall be drawn in question . if a man be admitted , instituted , and inducted to a church , and afterwards is deprived for that he was instituted contrary to the course of the ecclesiastical law , such sentence of deprivation is void at the common law , for that it is as a lay-fee by the induction a . if a town erect a common school , and allow maintenance to the schoolmaster , the bishop may not remove him and put in another at his pleasure : but if he be a recusant , he may remove him by the statute of eliz. cap. . b . ( . ) although an incumbent be deprivable , yet the patron cannot present another until he be deprived , for till then the church is not void . also if the visitor by the kings command return into chancery good matter for deprivation of the king's clerk , yet the king cannot present another to the church , until he be deprived . contra e. . . b. c . ( . ) where two incumbents were of one church , one sued the other in the ecclesiastical court to be deprived for not reading the articles , and giving his assent to them according to the statute of eliz. the issue was , whether he gave his assent , the jury found he read the articles , and said , i give my assent to them as far as they agree with the word of god : and it was adjudged , that it is not such an unfeigned assent as is within the intent of the statute d . ( . ) in a prohibition the case was , j. s. seized in fee of the advowson of the church of c. presented thereunto d. who was instituted and inducted , but did not read the articles according to the statute of eliz. afterwards came the general pardon of eliz. afterwards d. was deprived by sentence for not reading the articles ; he appealed , and depending the appeal b. the plaintiff obtained a presentation from the queen , and was instituted and inducted . d. died , and he that had the advowson presented r. the other defendant , who sued in the ecclesiastical court to be admitted . it was resolved , that the church became void presently by the not reading of the articles , and there needed not any deprivation , and the pardon in this case works nothing ; for the church being once void for not reading the articles , he cannot by the pardon be restored , and the pardon will not reach to it ; for the punishment is to lose his benefice : adjudged , the prohibition to stand e . but if a man be deprived for an offence done tempore parliamenti , and the offence be after pardoned by the same parliament , and then the parliament endeth . in this case the deprivation is void in it self , and the party need not sue to reverse it ; for the parliament relateth to the first day thereof : as was resolved in foxe's case f . ( . ) in a quare impedit the case was , that l. had two presentations , and w. the third , of inheritance perpetual : l. presented p. who was instituted and inducted , and afterwards in the time of queen mary was deprived , because a married man ; wherefore he again presented d. who was inducted . afterwards p. was restored , with declaration that he had good title : afterwards p. died , w. presented h. l. brought the quare impedit . it was adjudged for the plaintiff , because the sentence declaratory for the restitution made a nullity in the deprivation , and so avoided the incumbency of d. and so l. had good title to present at his second turn , and w. had no title to present as yet g . ( . ) in hornigold's case against brian it was said , that if a judgment of deprivation be given in the ecclesiastical court , against a parson for his benefice ; if presently upon this judgment he makes his appeal , the church is not void , but he remains parson during all the time of this appeal ; for if by this he doth reverse the judgment , he shall need no new institution and induction : as if a judgment be given of a divorce in the ecclesiastical court ; and this is after reversed by an appeal , there shall need no new marriage . and in this case coke chief justice said , that e. . hath the same case : and that if an appeal be from a sentence of divorce , they are now by this baron and feme again : so if a parson be deprived , and appeals , he is by this parson again , and may have an action of trespass . and as touching appeals in reference to deprivation , there was a famous case in the court of c. b. about or jac. a worcestershire case , between lechmere plaintiff and carr defendant , in an action of trespass , and upon non culp . pleaded , a special verdict was found , viz. that bonner was made bishop of london , in the time of king h. . and so continued until ed. . at or about which time a commission issued forth to the then lord chancellor and others , to convent bishop bonner before them , and to examine him ; and if they found him to be contumacious , and would not answer them , the commissioners were impowerd then to imprison him , or to deprive him : the commissioners upon this did first imprison him , and afterwards proceeded further against him , to deprivation : bonner from this appealeth ( and his appeal not heard ) nicholas ridley is made bishop of london , who makes a lease of the park and mannor of bushley , under which lease the defendant claimed . afterwards , viz. primo mariae , ridley is declared to be an usurper , and bonner by a sentence definitive is restored again to the bishoprick of london , and makes a lease of the premisses demised to the plaintiff . upon which special verdict the points stirred were these : ( ) whether the deprivation of bonner was lawful or not ; the authority by the commission being in the disjunctive , viz. to imprison or to deprive him ; and ( as it was urged ) they first imprisoning of him , had thereby executed their authority , and so then the deprivation void . ( ) admitting the deprivation void , then bonner still continued bishop of london : and then ridley was never bishop ; for that there could not be two bishops of london simul & semel , and so the lease by him made to the defendant was a void lease . ( ) admitting the deprivation good , then quid operatur by the appeal , whether it did not suspend the sentence of deprivation : and if so , then again , ridley was no lawful bishop ; and so the lease , under which the defendant claimed , was void . this case was learnedly argued by common lawyers , and also by civilians , and the judges inclined to be of opinion for the plaintiff . but the defendant perceiving this , preferred his bill in chancery , and there obtained a decree against lechmere . ( . ) if a meer lay-person , who is altogether incapable of a benefice , be presented , instituted , and inducted ; yet the church is not therefore said by the common law to be void , as if no presentation had been , but is still by that law full of an incumbent de facto , licet non de jure , until by sentence declaratory in the ecclesiastical court for want of capacity the church be adjudged void ; and upon this no lapse shall incurr against the lay-patron , without notice ( of such incapacity and sentence of deprivation thereupon ) to him given . king h. . presented one that was incapable of his presentation , and the presentee was thereby admitted , instituted , and inducted , and afterward the pope enabled the presentee by his bull ; yet the king had a scire facias , and thereby recovered his presentation again , because the incumbent was not capable when he was presented . ( . ) if the parson or other incumbent be excommunicate , and he so remaineth in his obstinacy for the space of daies , he is for this deprivable of his benefice , and yet the church is not void in deed , without sentence of deprivation given against him ; and if before such deprivation , the king as supream ordinary grant him a dispensation , he shall hold his benefice . also dilapidation , or spoil of the church benefice hath at common law been held worthy of deprivation ; which law as it adjudgeth not the church actually void ( death excepted ) without a sentence of deprivation : so though such sentence of deprivation be meerly wrongful , yet by that law , as well as by the canon , the dignity is void , and the sentence remaineth in force until it be reversed by appeal ; and therefore if the party deprived within due time appeal ( upon such sentence of deprivation given against him ) such is the nature thereof , that it will hold the sentence ( upon which it was first brought ) in suspence : so that if it be brought upon deprivation , it voideth the vigour thereof , and reviveth the former dignity ; for such church shall not be void until the first sentence of deprivation happen to be affirmed in the appeal . touching deprivation by statutes and positive laws , vid. eliz. cap. . h. . cap. . revived by eliz. cap. . or . chap. xxviii . of incumbents ; as also of residence and non-residence . . incumbent , who properly such ; why so called , and what things preparatory to a compleat incumbent . . the rights of a compleat incumbent . . the rights of an incumbent's executor as to the glebe . . the resident incumbents duty , that keeps a curate . . whether he be an incumbent , who is in by the kings presentation , where the king mistakes his title . . whether an incumbent may plead ( as such ) who was not incumbent ante impetrationem brevis . . whether the non-residency of an incumbent were punishable by the high commissioners . . how the daies absence in a year shall be understood to include non-residency , according to the statute , &c. . the laws in force concerning residence and non-residence , and who are qualified for non-residence . . the canon in the provincial constitutions touching the non-residence of vicars on their vicarages . . the form of the oath of residence on a vicarage . . whether a parson inhabiting in a messuage very nigh adjoyning to the parsonage-house , which he keeps also in his own hands , be a resident within the intent of the statute . . what the law requires for residence ; and what are the just causes of non-residence . . an incumbent stands charged with the arrerages of a pension , issuing out of his church , that were behind in his predecessor's time , as well as those accruing in his own time . . the constitution touching the oath of residence ; as also how the incumbent may be out of his parish , and yet be reputed as resident . . what shall be accounted such an absence or non-residence within the statute , as to avoid a lease made by the incumbent . . indictment against a common informer , exhibiting an information against two parsons ; one for non-residence , the other for taking a farm. . covenants as well as leases made void by the intent of the statute of & eliz. by reason of eighty days absence . ( . ) incumbent , from incumbere ( signifying as well to possess and keep safely , as to endeavour earnestly ) is a clerk duly possest of and resident on his benefice with cure a . for the faithful discharge whereof he is to employ his study and utmost endeavour b : for which reason especially he is so denominated . there are four things preparatory to the being of a compleat incumbent : ( ) the patron 's presentation , or his free gift or commendation of his clerk to the parsonage or vicarage by writing in his favour to the bishop . ( ) the bishop's admission of such clerk by his allowance or approbation of him after due examination , and by making a record of his name accordingly . ( ) the clerks institution to such benefice or vicarage by the bishops words , instituto te , &c. ( ) the clerk's admission or induction , whereby he is put into actual possession thereof by the archdeacon's or others delivery to him of the ring or keys of the church-door , ringing the bells , &c. and until these things be done , he is not a compleat incumbent c . after which , and possession six months , there is such a plenarty as gives such a title to that presentation , as will barr pro hac vice any others in a quare impedit d . so that those things that are to make a perfect incumbent ( after presentation had ) do depend upon the duty of the ordinary ; as ( ) admission , which requireth examination of the clerk ; whereupon sometimes ensueth refusal , and thereupon either notice or no notice ( as the case requires ) is to be given to the patron . ( ) institution . ( ) induction . upon the patron 's not presenting within the time limited , the lapse incurrs to the bishop , from him to the metropolitan , and from him to the crown , where it resteth . but if the bishop take his time , then is his presentation a collation , and in the right of the patron himself . ( . ) the incumbent is that person in law , to whom the fruits of any ecclesiastical benefice do belong , insomuch that the fruits taken during the vacation or vacancy of a benefice , shall be restored to the next incumbent e , who stands charged to the king for the first-fruits , to be accounted immediately from and after the avoidance or vacancy of any such benefice or spiritual promotion f ; and for that end , and towards the payment of the said first-fruits , the next incumbent shall have a restitution , of the tithes , fruits , oblations , obventions , emoluments , commodities , advantages ; rents , and all other revenues , casualties , and profits whatsoever , certain and uncertain , belonging to any archdeaconry , deanary , prebend , parsonage , vicarage , hospital , wardenship , provostship , or other spiritual promotion , benefice , dignity , or office , growing or arising during the vacancy of any of the said spiritual promotions g ; and every archbishop , bishop , archdeacon , ordinary , or any other person , having to his or their uses received the same , that shall refuse to render and restore the same to the next incumbent , shall forfeit the treble value of what he hath so received h . ( . ) if any incumbent happening to depart this life during the incumbency or plenarty , shall before his death have caused any of his glebe lands to be manured and sowed at his proper cost and charges with any corn or grain , he may in that case make his last will and testament of all the profits of the corn growing upon the said glebe-lands by him so manured and sown i . and if one be put into a place , then removed , and another put in , the first shall have the tithe happening in such vacancy k ; for the succeeding parson shall have the tithes happening during the vacancy , deducting the charges of collecting the same , and serving the cure during such vacancy . also if an incumbent be removed in a quare impedit , the plaintiff shall not have the main profits l . and an incumbent being in by usurpation , he cannot be removed but by a quare impedit m . ( . ) an incumbent resident that keeps a curate , is obliged to read the common prayers in his parish-church once a month in his own person , on pain of forfeiting five pounds for every omission n . ( . ) in thomson's case , where t. libelled for dilapidations against the executors of his predecessors , and henden moved for a prohibition ; for that that t. is not incumbent , for his presentation was by the king ratione minoritatis of one c. and the king had not any such title to present : for where the king mistakes his title , the presentation is void , and he is no incumbent . . green's case . and sir gawdy's case , where the king presented jure prerogat . when he had another title ; and the present action was adjudged void , and whether he is incumbent or not , that shall be tried . but by the court a prohibition was denied , because that he was now incumbent . and the judges would not take notice of the ill presentation of the king : but in case of simony the statute makes the church void , and then the judges may take notice of that , and grant a prohibition , if the parson sues for tithes . but if a quare impedit be brought , and appears that the king had not cause of presentation , then a prohibition may be granted : which was also granted by all the other justices . mich. car. c. b. thomson 's case . hetley's rep. ( . ) in dame chichleys case against the bishop of ely it was said by henden , that an incumbent by the statute of ed. . c. . cannot plead ( quatenus such ) unless he be incumbent ante diem impetrationis brevis , unless he be incumbent pendente lite he cannot plead , &c. hutton , if one be presented , instituted , and admitted before the writ , and inducted after , and before his pleader , he may plead well o . ( . ) a libel was against h. vicar of s. in the high commission-court at york , because that he was not resident , but lived at doncaster , and neglected to serve his cure ; and that divers times he , when the high court visited , spoke so loud , that he was offensive to many , and being reproved for that , he gave a scornful answer : and that there was one wright in the parish , who had a seat in the church , and that the vicar would spit in abundance into the said seat , and that when wright and his wife were there . and that in his sermon he made jests , and said , that christ was laid in a manger , because he had no mony to take up a chamber , but that was the knavery of the inn-keeper ; he being then in contention with an inn-keeper in the parish . and that in time of divine service he thrust open the door of wright's seat , and said , that he and his wife would sit there , in disturbance of divine service . and for that a prohibition was prayed and granted ; for the high commission cannot punish non residency , nor breaking the seat in divine service : and the other were things , for which he shall be bound to the good behaviour ; and the complaint ought to be to the ordinary p . ( . ) note , by tanfield , that by the statute of eliz. cap. . of non-residency , that if the parson be absent daies in a year , although it be at several times ( viz. ) ten daies at one time , and twenty daies at another time , until eighty daies , &c. that is within the statute , by which it hath been adjudged q . ( . ) the personal residence of all ecclesiastical persons on their cures respectively is a duty so incumbent on them for the better discharge of their sacred function , the prevention of dilapidations , and the maintenance of hospitality , that it is enacted , that every spiritual person promoted to any archdeaconry , deanary , or dignity in any church cathedral or collegiate , or beneficed with any parsonage or vicarage , shall be personally resident and abiding in , at , or upon such dignity , prebend , or benefice , or one of them at the least ; and that if any such person wilfully absent himself from his said benefice , &c. by the space of a month at one time , or two months at several times in any one year , to be accounted at several times , that such person so absenting shall forfeit ten pounds for every such default r . it is also further provided , that the parson or vicar shall be resident in and upon his parsonage or vicarage-house ( if he have any ) and not at any other house in the parish ; but if he hath no house on his glebe , or be removed without fraud for his health , or without fraud imprisoned , or be beyond sea in his majesties service , or without fraud abide in any university within this realm to study , or be a chaplain qualified for plurality by the statute of h. . either of these may excuse his residence for the time s . also the king may give a license to any of his own chaplains to be non-resident t : and any ecclesiastical person may be non-resident for such time as without fraud he is attending a suit in chancery . there are also other chaplains of other persons that are qualified for non-residence u , which for brevities sake are here omitted . and where a chaplain is qualified in respect of his service for plurality , if his lord die , or be attainted , or be removed from his place , it will not it seems suffice that he be resident only upon one of his livings , without the king 's special license with a non obstante x . ( . ) the canon made by cardinal otho , and afterwards confirmed and de novo established by othobon , seems very severe as to vicars in case of non-residence ; for in their constitutions it is ordained , that if any non-resident shall receive the profits or fruits of a vicarage , he shall restore the one moity thereof to the church , one half of the other moity to the poor of that parish , and the rest to the archdeacon of the place , if he discharge his duty in making a diligent enquiry yearly herein , and shall forthwith make it known to the bishop ; and whoever shall disobey the premisses by one month , shall also be deprived of his other benefices , if he have any , and be rendered incapable of ever having that vicarage again , or any other benefice for three years : and in case the archdeacon shall neglect what herein is enjoyned him , he shall be deprived of that part allotted him as aforesaid , and suspended ab ingressu ecclesiae . constit . othobon . de residentia vicariorum . ( . ) the oath of residence on a vicarage is as followeth , viz. ego a. b. juro , quod ero residens in vicaria mea , nisi aliter dispensatum fuerit à dioecesano meo . what spiritual persons may be discharged of residence , and by what means , vid. st. h. . . ( . ) in an information upon the statute of h. . cap. . of non-residency , it was found by special verdict , that dr. n. was incumbent , invested in the rectory of s. and that he was also seized of a house in s. aforesaid , scituate within twenty yards of the rectory , and that the mansion-house of the said rectory was in good repair , and that dr. n. held that in his hands and occupation with his own proper goods , and did not lett it to any other , and that he inhabited in the said messuage , and not in the parsonage . the statute of h. . cap. . provides , that every parson promoted to any parsonage , shall be personally resident , and abiding in , at , and upon the said benefice : and in case any such spiritual parson keep not residence at his benefice , as aforesaid , but absent himself wilfully by the space of a month together , or two months to be accounted at several times in any one year , and makes his residence or abiding in any other places by such time , that then he shall forfeit for every such default ten pounds , the one half to the king , the other half to the informer . the question was , whether the said dr. n. were non-resident , and incurred the penalty of this statute ? it was argued by houghton , that he had incurred the penalty of the statute , and was non-resident within the intent thereof ; he said , that to some intent all the parish may be said the benefice of the parson , for that he hath benefit out of it , and he is called parson of such a town or parish ; but this is not the benefice that the statute intends , upon which he ought to be resident , &c. also he said , that there were seven causes of making the said statute , whereof but two are to our purpose ; the one is hospitality , the other relief of the poor , and these are to be done in the parsonage-house , for this is the free alms of the church : and so it was adjudged , eliz. b. r. broom and hudson ; and eliz. b. r. between butler and goodall . coke . b. that he ought to be resident upon the parsonage-house , and not elsewhere ; and he agreed , that imprisonment without deceit , and sickness , are good excuse . for the defendant , barker serjeant argued , that it appears by the special verdict , that dr. n. held the parsonage-house in his own hands , and did not lett it ; whence he inferr'd , that his servants were resident upon it , &c. and that by the council of lateran all the parish is made the benefice of the parson , &c. also , that before the said statute every spiritual man was obliged and compellable by the ecclesiastical law to be resident ; yet if he were in the kings service , or an officer of the chancery , he should be excused , as appears in the register , fo . . b. though that he were dean , the which office meerly requires his personal residence , as it is there said . this case was compounded by the lord coke , but he intended this was no residence within the statute , for this was not his benefice , but the tenants part of that , as he said hath been adjudged in the exchequer . ( . ) in butler and goodall's case , it was resolved upon the statute of h. . that a parson of a church ought to stay and be commorant upon his rectory ( viz. ) upon the parsonage-house , and not in any other house , although it be within the parish ; but lawful imprisonment without covin , is a good cause of non-residence : also , if there be no parsonage-house ( for impotentia excusat legem ) also sickness without fraud , if the patient remove by advice of his counsel in physick , bona fide , for better air and recovery of his health . the statute is intended not only for serving the cure , but also for maintaining the habitation of the parson , for him and his successors , and for hospitality . vid. co. . pa. . & cro. par . . ( . ) in the case between trinity colledge and tounstall it was resolved , that an annuity by prescription for a pension issuing out of the church lay against the incumbent , as well for the arrearages due in the time of his predecessor , as in his own time ; for that the church it self is charged with it in whose hands soever it comes . ( . ) by cardinal otho's constitution [ de institutione vicariorum ] it is ordained , that none shall be admitted to a vicarage , unless he first take his oath , that he will have his personal and constant residence thereon ; otherwise his institution thereto to be null and void , and the vicarage to be conferred on another . const . othon . de instit . vicarior . from which canon the gloss thereon doth raise this question , viz. whether a vicar not having possibly any dwelling-house yet built for his habitation in the parish , and living for that reason in some neighbour-place , and at another man's table out of his parish , may according to the oath aforesaid enjoyned by the said canon , be said to be resident ? where the question though argued in the negative , yet is resolved in the affirmative ; and that he shall be reputed as resident , if he be so nigh scituate to his parish , that the inhabitants thereof may conveniently have access to him , as oft as the parishioners have need of his ministry , and so as on all requisitions he be ready to administer the sacraments within the parish ; for in construction of law , he is said to make his residence sufficiently there or in that place , where he doth discharge his work and duty , albeit he lives elsewhere : l. cum quidam facit . ff . defun . instruct . likewise , the law in requiring such residence aims as well at hospitality as at the discharge of the ministry . also , he that is absent only about the affairs of the church , is reputed in law as present and resident : also the bishop may dispense with his non-residence notwithstanding such oath aforesaid : glo. in ver . residentiam . dict . const . otho . yea , he may also be sometimes absent not only upon necessary , but also upon his family-occasions , with license from the bishop , as also for his recreation , where it is for recovery of his health , or prevention of sickness . gloss . ibid. ( . ) in an action upon the case , for a promise , upon a non assumpsit pleaded , a special verdict was found , upon which the case appeared to be this : the defendant by indenture did demise unto the plaintiff all his tithe of corn and hay , and the agreement between them was this , the plaintiff should pay him for the tithe fifty five shillings , and this by agreement was to be paid at a day certain , then following : the defendant having this tithe , passed the same in this manner to the plaintiff , and upon this agreement and promise , being not performed , the plaintiff brought his action . it was found , that the defendant confessed the agreement to be so , but in barr he pleaded the statutes of eliz. cap. . and of eliz , cap. . for the avoiding of leases made by a parson , by his absence from his living by the space of eighty daies in one year , and also shews that one stallowe who was parson of sharrington , to whom these tithes did belong ( and in whose right the defendant claimed them ) was absent from his parsonage by the space of eighty daies in one year , and shews in what year , and so by this his interest determined , and agreement with the plaintiff by this made void ; but they found further ( as the plaintiff made it to appear ) that stallowe the parson of sharrington was not absent in manner as it was alledged , for that they found , that he did dwell in another town adjoyning , but that he came constantly to his parish-church , and there read divine service , and so went away again : they did also find , hat he had a parsonage-house in sharrington fit for his habitation ; and whether this were an absence within the statute , as to avoid his lease , they left that to the judgment of the court. yelverton justice , this is a good non-residency within the statute of h. . cap. . but not an absence to avoid a lease made within the statute of eliz. cap. . it cannot be said here in this case , that he was absent , for he came four daies in every week , and in his parish-church did read divine service . williams justice , upon the statute of and eliz . the parson ought not to be absent from his church eighty daies together in one year ( à rectoria sua ; ) but this is not so here , for he came to his church , and read divine service there every sunday , wednesday , friday , and saturday , and therefore clearly this cannot be such an absence , within the scope and intention of these statutes , as thereby to avoid his lease . yelverton justice , he ought to be absent eighty daies together , per spatium de octogin . diebus & ultra , and this to be altogether at one time , and so the same ought to have been laid expresly , the which is not so done here , for that it appears here , that he was at his parsonage-house , and did read prayers every sunday , wednesday , friday , and saturday ; and so the whole court were clear of opinion , that this absence here , as the same appeared to be , was not such an absence by the space of eighty daies in one year , to avoid his lease within the said statute , and so the defendants plea in barr not good , and therefore by the rule of the court judgment was entered for the plaintiff . ( . ) an information was exhibited against two parsons by j. s. upon the statute of h. . cap. . against one of them for non-residency , and against the other for taking of a farm ; the one of them pleaded sickness , and that by the advice of his physicians he removed into better air , for recovery of his health ; and this is justifiable by the whole court : vid. more for this coke . par . fo . . in butler and goodall's case . the other pleaded , that he took the farm for the maintenance of his house and family : and this also is justifiable by the opinion of the whole court. crooke moved the court for the defendants , that the plaintiff was a common informer , and that he did prefer this information against them , only for their vexation , and so to draw them to compound with him , as formerly he hath so done by others , for which they prosecuted an indictment in the countrey , upon the statute of eliz. cap. . made to punish common informers for their abuses . the whole court did advise them to prosecute this indictment against him . crooke moved for the defendants , that in regard the informer is a man of no means , that the court would order him to put in sufficient sureties to answer costs , if the matter went against him , and that then the defendants would presently answer the information . williams justice , nullam habemus talem legem , this is not to be done ; but the rule of the court was , that the defendants should not answer the information , until the informer appeared in person . ( . ) in an action of covenant the plaintiff in his declaration sets forth , that the defendant was parson of d. and did covenant , that the plaintiff should have his tithes of certain lands for thirteen years ; and that afterwards he resigned , and another parson inducted , by which means he was ousted of his tithes , and for this cause the action brought . the defendant pleads in barr the statutes of eliz. cap. . and eliz. cap. . for non-residency , upon which plea the plaintiff demurr'd in law. it was urged for the plaintiff , that the plea in barr was not good , because it is not averred , that the defendant had been absent from his parsonage by the space of eighty daies in a year , for otherwise the covenant is not void by the statutes . for the defendant it was alledged , that the pleading of the statute of eliz. is idle , but by the statute of eliz. this covenant is made void ; for by the statute , all covenants shall be all one with leases , made by such parsons : and in this case , if this had been a lease , this had been clearly void by surrender of the parson ; and so in case of a covenant . doderidge and houghton justices , the statutes of and eliz. do not meddle with assurances at the common law , nor intended to make any leases void , which were void at the common law ; and therefore this covenant here is not made void by the statute , unless he be absent eighty daies from his parsonage . coke chief justice agreed with them herein . they all agreed in this case for the plaintiff , and that by the preamble of eliz. it is shewed , the intent of the statute to be to make covenants void , within the provision of eliz. by absence for eighty daies : and judgment in this case was given for the plaintiff . chap. xxix . of abbots and abbies ; also of chauntries ; and of the court of augmentations . . abbot , what ; why so called ; the several kinds thereof ; and how many anciently in england . . a famous abbot anciently in ireland : the manner of their election prescribed by the emperour justinian : anciently the peers of france were frequently abbots . . the ancient law of king knute concerning abbots . . the abbot , with the monks , making a covent , were a corporation . . abbots were either elective or presentative ; they were lords of parliament : how many abbies in england , and which the most ancient , founded by king ethelbert . . chaunter and chauntries , what , and whence so called ; their use and end ; belonging anciently to st. pauls in london ; when and by what laws their revenues were vested in the crown . . before king john's time abbots and priors were presentative , afterwards elective . . six differences taken and resolved in a case at law touching chauntries . . certain cases in law touching lands , whether under pretence of chauntries given by the statute to the king , or not . . what the court of augmentations was , the end and use thereof , when erected , how established , and by whom dissolved . ( . ) abba and abbas have one and the same signification , therefore abbots are called patres . c. ult . de regular . tuseh . concl. . nu . . it is either an hebrew or syriack word , signifying pater with the greeks and latins , from the two first hebrew elements or letters , aleph and beth inverted ; which name the monks first assumed at their original in syria and egypt . and although now in this kingdom we know no more of this word [ abbot ] than the very name thereof ; yet for his antiquities sake he hath the alphabetical precedence in the index of this abridgment , whether he be archimandrita , novel . const . . or coenobiarcha , or archimonachus . hottom . in ver . feuda . marsil . colum . de eccles . redit . c. . nu . , . whether miter'd , and thereby exempt from the diocesan's jurisdiction , as having within their own precincts episcopal authority in themselves , and being lords in parliament , whence called abbots sovereign , r. . c. . or not miter'd , but subject to the diocesan in all spiritual government . c. monasteria . . q. . c. abbas , &c. visitandi , cum . seq . ibid. omnes . q. . & c. cum venerabilis . extra . de relig. dom. vid. stow. ann. p. . so called abbas , because he is pater monachorum , januen . in suo cathol . glo . jo. andr. de rescript . c. . verb. abbates . in clem : & coke de jure ecclesiast . fo . . and hath the chief government of a religious house , and who with the monks makes a covent ; of these abbots , together with two or three priors there , were heretofore in england about the number of thirty in all . what consecration is to a bishop , that benediction is to an abbot , but in divers respects ; for a bishop is not properly such until consecration ; but an abbot being elected and confirmed , is properly such before benediction . cap. de suppl . negl . prael . lib. . & . clem. § . statuimus , de stat. monach. in clem. & cap. meminimus , de accusat . ( . ) the venerable mr. bede speaks of an island in ireland , which ever had an abbot vested with such power and authority , that every province , yea , and the bishops themselves were under his government , and subject to his jurisdiction : beda , lib. . de gestis , cap. . spelm. de prim. eccles . angl-sax . an. . the emperour justinian in the first book of his codes hath expresly ordained and prescribed the manner and form of the election and confirmation of an abbot , and what persons they ought to be , and how qualified , that shall be accounted worthy of that ecclesiastical dignity . c. l. . tit . . l. . & l. . de episc . & cler. & novel . . cap. . & novel . . c. . mr. blount in his nomo-lexicon takes notice of the word [ abbacy ] and saies , it is the same to an abbot , as bishoprick is a bishop , resembling it to the word paternity , and a very ancient record wherein that word is used . an. , & h. . c. , . sciant .... quod ego isabella comitiss . penb. pro salute animae meae dedi deo & abbathiae de nutteleg . totam wicham juxta dictam abbathiam , &c. in these latter ages the abbots , through the savour of princes , and their respect to the church , have been reputed as peers and secular lords , to whom the granted the provenues of abbacies proportionable to such dignity for the support thereof : thus many of the peers of france have very anciently and frequently been abbots , as appears by paradine , who wrote the annals of burgundy nigh seven hundred years since , and then affirmed , that he had seen very ancient records , wherein the peers of france used these styles and distinctions , viz. duke and abbot , earl and abbot , &c. guil. paradin . annal. burgund . lib. . sub . an. . & prat. ( . ) notwithstanding the ill opinion , which in these daies not without cause is conceived of the ancient abbies , yet it cannot without some breach of charity be well supposed ; but that such houses , commonly called religious , were in the primitive and true intent thereof better purposed by the founders , than after practised by their inhabitants ; for by the law made in the daies of k. knute nu . . i : is evident , what strict devotion and blameless conversation the ancient princes of this realm expected from such as then possessed these abbies : the law was this , viz. we will that gods ministers , the bishops , abbots , &c. do in a special manner take a right course , and live according to rule ; that they call to christ night and day , much and oft , and that they do it earnestly : and we command them , that they hearken to god , and love chastity : full truly they wit , that it is against the right , to meddle with women for lusts sake : annot. ridl . view , &c. cap. . sect. . whereby it seems these spiritual fathers were suspected of old to incline to the flesh all daies of the week . an abbot might be presented to a church , for he was capable of an appropriation , whereby he was perpetual parson imparsonee , and had curam animarum . h. . . ( . ) the abbot , or the chief head of abbies , being together with the monks of the same house , a covent , made a corporation , and was not by the common law further charged with his predecessors acts , than for such things as were for the use of the house , or such acts as were done under the common-seal thereof a . and albeit a creditor had a specialty against a monk ; yet not the abbot , but the monk's executors were chargeable for his debt contracted before his entry into religion , unless it were for some such thing as came to the use of his house b . ( . ) of these abbots some were elective , others presentative ; and under this title were comprehended other corporations spiritual , as prior and his covent , friers , canons , and such like : and as there were lord-abbots : so there were also lord-priors , who had exempt jurisdiction , and were lords of parliament : co. de jur. ecclesiast . fo . . a. it is supposed , that the abbot of st. austins in canterbury was the ancientest of any in this kigdom , founded by king ethelbert in an. . and next to him in antiquity the abbot of westminster , founded by seabert king of the west-saxons , an. . some difference there is among authors touching their number in this realm , whereof some reckon but twenty six . sir edw. coke says they were twenty seven abbots and two priors c . but a very modern writer gives us a catalogue of no less than thirty three abbots and priors d ; whereof some were priors alie●s born in france , governours of religious houses , erected for foreigners here in england , suppressed by henry the fifth after his conquests in france , and their revenues after given by henry the sixth to other monasteries and houses of learning , specially for the crecting of kings colledge in cambridge and eaton , stow , annals , p. . h. . c. . ( . ) chaunter [ cantator ] a singer in the quire e . at st. davids in pembrokeshire , the chaunter is next to the bishop , there being no dean f . chauntry [ cantaria ] aedes sacra ; ideo instituta & dotata praediis , ut missa ibidem cantaretur pro anima fundatoris & propinquorum ejus . these were commonly little chappels ; or particular altars in some cathedral or parochial church , endowed with lands or other revenues , for the maintenance of one or more priests , to officiate as aforesaid ; whereof mention is made in certain statutes of this realm g , though not to such superstitious uses as aforesaid . a man might make a chauntry by license of the king without the ordinary , for the ordinary had nothing to do there with : h. . . it might be founded in a cathedral church , also in any other church : h. . . roll. abr. ver . chauntry , lit . a. q. . of these chauntries there were ( it seems ) belonging to st. pauls church in london h . the superstitious main use and int●nt of these chauntries originally was for prayers for souls departed , under a supposition of purgatory , and of being released thence by masses satisfactory ; and as in adam's case , fo . . mentioned by sir hen. hobart chief justice in the case of pitts against james , that prayer for such souls was the general matter of all obits , anniversaries , and the like , which were but several forms of prayers for souls : and ( as in the said case of pitts ) if a man give land to a parish-priest to pray , or say mass for his soul ; this is within the law , that is within the statutes of h. . c. . and ed. . c. . as it is held eliz. dyer , . for to this purpose he is a souls-priest , not a parochial i . by which statutes all chauntries , and all their lands and hereditaments are given to the crown , and all lands , rents , and profits given to the finding of a priest for the superstitious ends aforesaid , to continue for ever , are vested in the actual possession of the king , and of his heirs and successors for ever , who shall also have by the said statute of ed. . all the common goods of such chauntries , and the debts thereof shall be paid to the kings treasurer ; and shall also have all lands , and all such sums of money , and part of the issues of lands given for the maintenance or for the finding of any anniversaries , obits , lights , lamps , &c. only the said act doth not extend to such lands , as whereof the governours of such colledges as were mentioned therein , or chauntries , were seized to their own uses , nor to any lands or rents given by the king for the term of his life only , nor to any copyhold-lands ; and all rents and yearly profits due to any patron , donor , and founder of any of the said chauntries , &c. and the right of others ( except the governours of houses ) are by the said act saved to them k : all chanteries , colledges , free-chappels and hospitals , were by parliament given to king h. . for the carrying on the war against france and scotland . towards the charges of which wars the king obtained a grant in parliament of the same , with the lands thereto belonging , to be united to the crown : but dying before he took the benefit thereof , he left that to such of his ministers , who had the managing of affairs in his son's minority : heyl. hist . eccles . pag. . in the reign of king ed. . one of the great affairs was the retrieving of a statute made in the th year of king h. . by which all chanteries , colledges , free-chappels , and hospitals , were permitted to the disposing of the king for term of his life ; but the king dying before he had taken many of them into his possession , it was set on foot again in the time of king ed. . and by parliament during his reign it was enacted , that all such colledges , free-chappels , and chanteries , as were in being within five years of the present session , which were not in the actual possession of the said late king , &c. other than such as by the kings commissions should be altered , transported , and changed ; together with all mannors , lands , tenements , rents , tithes , pensions , portions , and other hereditaments , to the same belonging , after the feast of easter then next coming , should be adjudged and deemed , and also be in the actual and real possession and seisin of the king , his heirs and successors for ever . and although the hospitals , being at that time , were not included in this grant , as they had been in that to the king deceased , &c. yet there were colledges within the compass of that grant ( those in the universities not being reckoned in that number ) and no sewer than free-chappels and chanteries ; the lands whereof were thus conferr'd upon the king by name , but not intended to be kept together for his benefit only . in which respect it was very strongly insisted on by archbishop cranmer , that the dissolving of these colledges , free-chappels , and chanteries , should be deferred until the king should be of age ; to the intent that they might serve the better to furnish and maintain his royal estate , than that so great a treasure should be consumed in his non-age , as it after was . these chanteries consisted of salaries allowed to one or more priests , to say daily mass for the souls of their deceased founders and their fri●rds : which not subsisting on themselves , were generally incorporated and united to some parochial , collegiate , or cathedral church . no fewer than in number being ( as aforesaid ) found and founded in st. pauls free chappels , though ordained for the same intent , were independent of themselves of stronger constitution and richer endowment , than the chanteries severally were . all which foundations having in them an admixture of supers●●tion ( as presupposing purgatory , and prayers to be made for the deliverance of the soul from thence ) were therefore now suppressed upon that account . heyl. hist . eccles . in temp . ed. . pag. , . ( . ) before king john's time the king and other founders and patrons of priories and abbies , were wont to present priors and abbots l : but by king john there was a free election granted unto priors m . ( . ) in adams and lambert's case , touching chanteries these differences were taken : ( ) if one give l. per annum for the finding of a priest , and limit to the priest l. per annum ; all is given to the king , for the residue shall be intended for the finding of necessaries : otherwise it is , if a condition be annexed to the gift , to give l. per annum to a priest , there the king shall have but l. ( ) land of l. per annum is given to find a priest , with l. per ann . thereof , and that the other l. shall be to the poor , the king shall have but l. but if it be for finding a priest and maintenance of poor men , without limiting how much the priest shall have , the king shall have the land , for otherwise he shall have nothing . ( . ) if land of l. is given for finding salary for a priest with l. of it , and also a good use is limited , there the king shall have but l. although the other necessaries are to be found for the priest , because a good use in certain shall be preferred before a superstitious incertain use ; but if nothing in certain be limited to the priest , the king shall have the land. ( ) if land be given to find a priest , the king shall have it ; but if a priest have but a stipend , the king shall have but the stipend . ( . ) when a certain sum is limited to a priest , and other good uses are also limited , which depend upon the superstitious use , all is given to the king. ( . ) if all the uses be superstitious , of what certainty soever they are , the land is given to the king ; otherwise it is , if there be any good use n . ( . ) the case was where a. devised to the dean and chapter of y. l. to the intent to find a chantery in their church perpetually , and an obit for the soul of d. and that the chantery-priest should have marks yearly ; king h. . gave license to the dean and chapter to purchase divers lands in f. ad onera & opera pietatis : in the will of a. they purchased houses in f. and made ordinances how the priests should be maintained , and obliged themselves & omnia bona sua ad performandum ; and they employed l. for the maintenance of the priest , and other sums for the obit : resolved , that this was not a chauntery , either in truth or in reputation , within the intent of the statute of ed. . because here are not any lands given by a. and his intent cannot make a chauntery , nor appoint any lands thereunto , but obliged their goods for the payment of an annual sum to a priest ; and when no lands are given , nor employed to that purpose , it is not reason they should be given to the king o . a freeman of london seized of messuages of the value of l. s. per ann . out of which a quit-rent of s. per ann . was paid , h. . devised the same to the parson and churchwardens of the parish of s. and their successors , that the churchwardens should receive the profits thereof , and therefore should find a chaplain for ever , to pray for the soul of him and his ancestors , and to find an anniversary , expending yearly on it s. d. and the residue of the profits thereof to be expended and employed about the reparations of the said church ; which were done accordingly . the question now was , whether these messuages were given to the king by the statute of ed. . of chaunteries . it was said , part of the profits were given for a good use , and that should save the lands : but resolved , because that was incertain , for it is ( si quid fuerit ) and also for that it appeareth , that the superstitious uses and the quit-rent did amount to the full value of the messuages ; and the value shall be taken as it was at the time of the making of the will , and not to be of any greater value ; that the said messuages were given to the king by the said statute p . a man devised two houses in l. to the churchwardens of s. ( ) to find an obit , and to bestow s. per annum upon the same obit . ( . ) the residue of the profits to repair the said church of s. and to provide ornaments in the said church . in this case it was adjudged , that by the statute of ed. . no more of the land was to the king , than was given to the obit ; and the devise to the other uses of the rest was good q . a citizen and freeman of london seized of divers messuages and tenements of the yearly value of l. s. d. by his will before the statute of ed. . devised the same to the corporation of skinners of london , and that s. d. thereof should be employed upon an obit , and marks yearly thereof upon the priest , and the residue to be employed upon poor men of the corporation decayed by misfortune , who inhabited the said messuages and tenements , and appointed the said poor men to pray for his soul , and further with the profits to repair the messuages and tenements , and after the statute of ed. . was made of chanteries . it was the opinion of the court , ( ) that lay-corporations are excepted out of the statute for their lands , which they have to increase their treasure for the good of the corporation , but not for lands which they have to employ to superstitious uses . ( ) resolved , that all the money which was given for the obit , and the finding of a priest , was a superstitious use , and given to the king by the statute ; but that which was given for the maintenance of the poor men , and although it was appointed them to pray for his soul , which was a precept suitable for that time , and which was given for the reparation of the messuages , was not given to the crown by the said statute : and turner's case was vouched to be adjudged , where land was given to the intent , that his feoffees should keep an obit with so much of the profits of it as they should think fit in their discretion , that the land thereby was not given to the crown , but so much of the yearly rent as the feoffees employed to that purpose ; and if they had employed nothing that way , then nothing was given to the crown : in the principal case it was adjudged against the queen and informer r . and in the case between the queen and palmer it was said by anderson chief justice , that where a gift is made to sustain poor men and mass-priests , without limiting a certain quantity , how much to one use , and how much to the other use , there the queen shall have the whole land : but if the quantity was appointed as to one use , and how much to the other use , there the land is not forfeited , but only so much as is employed to the superstitious uses s . ( . ) in order to the better execution of the premisses , there was a court established , commonly called the court of augmentations , erected as a court of record , by authority of parliament an. h. . which was to have one great seal , and one privy seal ; consisting of a chancellor as the chief and principal officer thereof , a treasurer , attorney , sollicitor , clerk , usher , and messenger . all lands , &c. belonging to monasteries , priories , and other religious houses , and purchased lands were within the survey and government of this court ; which ( as the lord coke says ) could not be erected but by parliament , because a chancellor and a court of equity were constituted t . there were also other ministerial officers that had relation to this court ; for there were ten auditors , called auditors of the revenues of the said augmentations , and seventeen particular receivers of the said revenues u . this court of augmentations , together with the court of general surveyers , being repealed , dissolved , extinguished , and determined by king h. . by his letters patents in the th year of his reign , a new court of augmentations was erected by his letters patents ; which repeal and dissolution thereof was held void in law , because they had been erected by authority of parliament : for which reason also the new erection of the new court of augmentations was held likewise void ; and therefore the said letters patents , as well for the dissolution of the former , as for the erecting of the latter new court of augmentations , were after confirmed and established by a statute enacted by king ed. . x . but afterwards q. mary , according to the power given her for dissolution of the said court by act of parliament , did dissolve the same by her letters patents , dat. . jan. in primo regni , and the day next following by other letters patents united the same to the exchequer , which was utterly void , because she had dissolved the same before : so as she pursued not her authority ; and so it was resolved by all the judges y . the end and intent of this court was , that the king might be justly dealt with touching the profit of such religious houses ; and the court took its name from this , that the revenues of the crown were so much augmented by the suppression of the said religious houses and their lands ; for by the suppressing of some , and the surrendring of other religious houses , the royal intrado was so much increased in the time of h. . that for the better managing of it , the king erected first the court of augmentations , and afterwards the court of surveyors ▪ but in short time , what by the profuseness of some , and the avariciousness of others , it was at last so retrenched , that it was scarce able to find work enough for the court of exchequer . hereupon followed the dissolving of the said two courts in the last parliament by this king z . chap. xxx . of annates or first-fruits ; as also of tenths ; of aumone or frank almoign . . annates , what ; why so called ; paid anciently to the pope ; when and by what laws translated to the crown ; a court thereof , when erected ▪ and by whom dissolved . . the great antiquity of annates or first-fruits ; the great revenue it brings to the papal see ; often complained of as a great grievance anciently . . the popes receiving of annates compared to aaron the high priest's receiving tithe of tithes : the original , antiquity , and equity thereof controverted by some of the ancient canonists . . what the tenure of aumone or frank almoigne is ; a description thereof , with its use and end . . the difference between statute and common law touching annates or first-fruits , whether due and payable upon institution , or not till induction . . to whom the tenths of spiritualties were anciently paid , and how they came to the crown originally . ( . ) by the statute of h. . . annates and first-fruits of archbishopricks and bishopricks seem to be one and the same thing , and were anciently paid to the see of rome , and that throughout all christendom , as were also the primitiae , first-fruits , or profits of every spiritual living , but were afterwards by another statute translated from the pope to the prince a . for the due regulation whereof there was a court purposely crected by a third statute b , whereby it was made a court of record , and commonly called the court of the first-fruits and tenths , and so continued until it was dissolved by queen mary c ; since which time it was never restored , albeit the profits were reduced again to the crown by queen elizabeth d , and the matters thereof to be transacted , were transferred to the exchequer . the first-fruits after the last avoidance were probably called annates , because they took their measures from the rate or proportion of one years profit of all spiritual livings and promotions , and accordingly are to be compounded for : so that these annates , primitiae , and first-fruits are all one ; and it was anciently the value of every spiritual living by the year , which the pope , claiming the disposal of all ecclesiastical livings , reserved . these and impropr●ations began about the time that polydore virgil , lib. . cap. . makes mention of , vid. concilium viennense , quod clemens quintus indixit pro annatibus . these first-fruits were given to the crown , ● h. . cap. . sir ed. coke cites an ancient record of this subject , ●ill . ed. . an. . at a parliament held at carlisle , great complaint was made of oppressions of churches , &c. by william testa ( called mala testa ) and legate of the pope ; in which parliament the king , with the assent of his barons , denied the payment of first-fruits ; and to this effect he writ to the pope : whereupon the pope relinquished his demand , and the first-fruits for two years were by that parliament given to the king. these first-fruits or annates , primitiae , are the first-fruits after avoidance of every spiritual living for one whole year ( except vicarages not exceeding l. and parsonages not exceeding marks ) but all are to pay tenths . which tenths ecclesiastical , decimae , are the tenth part of the value of all ecclesiastical livings yearly payable to the king , his heirs and successors , by the said statute of h. . cap. . and eliz. to be valued according to the value of ecclesiastical livings , which were sometimes valued by a book of taxation made in ed. . which remaineth in the exchequer , and by another taxation in h. . which also remaineth in that court. and according to this latter taxation are the values of ecclesiastical livingss computed for the first-fruits and tenths . the lord coke says , that the bishop of norwich had in ed. . by prescription time out of mind , &c. first-fruits within his diocess of all churches after every avoidance . but these were also given to the crown by the statute of h. . cap. . and as for the tenths the can●nists do hold , that the pope pretended to have them jure divino , as due to the high priest by pretence of these words , praecipe levitis atque denuncia , cum acceperitis à filiis israel decimas quas dedi vobis , primitias earum offerte domino , id est , decimam partem decimae , ut reputetur vobis in oblationem primitiarum tam de areis , quam de torcularibus , & universis quorum accipietis primitias offerte domino , & date ea aaron sacerdoti . but the parliaments in h. . and h. . were not of opinion that these tenths did belong to the bishop of rome , as appears by the several preambles of the statutes then enacted : and had they been due jure divino to the pope , it is not probable that queen mary by the act of & ph. & m. c. . would have exonerated and discharged the clergy thereof , nor refused to have had them paid to the pope ; nor could the bishop of norwich ( as aforesaid ) have prescribed to have first-fruits within his diocess , if they had been due to the pope de jure divino , speeially for that anthony de becke , for whom the prescription was made , was a reteiner to the court of rome , and made bishop of norwich by the pope . vid. co. instit . par . . cap. . ( . ) it was an old observation , and of no less truth than antiquity , that there never was any invention that ever brought more treasure to the bishop of rome , than this of annates , which is of far greater antiquity than some modern writers suppose : so polydore virgil. pol. virg. de invent . rerum , lib. . cap. . et annates more suo appellant primos fructus unius anni sacerdotii vacantis , aut dimidiam eorum partem . historians do not agree , what pope first imposed first-fruits : wals . an. do. . trivet . ranulphus cistrensis , lib. . c. . polyd. virg. ubi supra . platina , fox , &c. this tribute or revenue long since , when the bishop of rome had not such large possessions as now he hath , yet at vast expence and charge to uphold and maintain his dignity , was gradually by little and little imposed on such vacant benefices as himself conferred and bestowed , which , as hostiensis ( contemporary with p. alex. the fo●rth ) doth affirm , was often complained of as a very great grievance : so that after this labarell declared in the council at vienna , that clement the fifth , who was made pope in the year . forbad the receiving thereof ; and that laying the same aside , the twentieth part of the sacerdotal revenues should instead thereof be annually paid to the bishop of rome ; but this not taking effect , the pope so retained the said annates to his exchequer , as that to this day it remains one of the considerablest parts of his revenue . polyd. virg. ubi supr . ( . ) the canonist gammarus , in favour of the apostolick see , asserts that annates are very justly required by the pope pro conservando decenti statu , and compares it to aaron the high priest's receiving the tithe of tithes , the tithe of such tithes as were given to the other priests ; adding withal , that annates are of very great antiquity ; gammar . in extr. julii . de simon . papae elect. nu . . in repet . jur. can. to. . par . . fo . . as appears by the concessions of jo. and●aeas , and of hostiensis ; jo. andr. & hostiens . in c. inter caetera , de offic. ordin . the which tho. aquinas doth not deny , saying , that it is but consonant to natural reason , that he qui omnium curam habet , de communi alatur ; and thence concludes , that the pope may require tithes and annates from the clergy ; aquin. . . quaest . . artic . . as to the original of these annates , platina and blondus report them to have been first exacted by pope boniface the ninth : others assert it to be in the time of pope john the two and twentieth , which was above seventy years before that boniface . but johannes eccius in his enchiridion against the lutherans , says , that both blondus , platina , and gravaminus , whom he there nick-names ( ecclesiae consarcinatores ) were all in an error in ascribing the original of annates to this boniface or that john ; for says he ( quoting johannes and●aeas for his author ) in the council at vienna , an. . whereof p. clement the fifth was president ( which was long before boniface or john the d ) there was a debate concerning annates ; jo. andraeas ubi supr . & gam . ubi supr . but their supposing clement the fifth to have been after john the d . was the ground or reason of their error . ( . ) aumone or frank almoign is the same which we call libera eleemosyna , or free alms , whence that tenure is known by the name tenure in aumone , which is a tenure by divine service a . it is a certain tenure or title of lands at the common law , as when lands or tenements are freely given in the way of alms , to some church or religious house , upon this condition or consideration , that divine service shall be offered , and prayers made pro bono animae donantis , or the like : so that this aumone or frank almoign is no other than a tenure or title of lands or tenements bestowed upon god , by giving them to such as devote themselves to the service of god , for pure and perpetual alms : whence the feoffors or donors cannot demand any terrestrial service from the feoffors , so long as the said lands and tenements remain in their hands b . with this agrees the grand customary of normandy , cap. . and whereof bracton writes at large c . but britton makes another kind of this land , which is given in alms , but not in free alms , because the tenants in this are obliged to certain services to the feoffor d . ( . ) in the case of dennis against drake it was said , that if a man be instituted to a benefice , he ought to pay the first-fruits before induction by the statute ; but by the common law it was otherwise , for he is not to have the temporalties until induction , and therefore he could not pay the first-fruits : but another person cannot be presented to this benefice during the continuance of the first institution . and an institution to a second benefice is a present avoidance of the first e . ( . ) decimae , id est , tenths of spiritualties were perpetual , and paid to the pope , till pope vrban gave them to r. . to aid him against charles , king of france , and others , who supported clement the seventh against him . and h. . by the pope's bulls all tenths were paid to h . for years : these were given to the king h. . cap. . vid. lambert de prist . angl. &c. fo . . cap. . st. ibid. inter leges inae , fo . . cap. . chap. xxxi . of altarage . . the genuine signification of the word altarage , what is comprehended under that word : two cases at the common law touching altarage . . a severe canon made by cardinal otho against the gross abuse of altarage ; an artifice to defeat that canon : and whether altarages may be let to farm. . whether tithe-wool will pass by the word altaragium ? . the word altaragium shall be expounded according to the use and eugome of the place . . whether tithe-wood may pass to the vicar by the word altaragium . ( . ) altarage or altaragium , a word though now somewhat obsolete , yet in signification of ecclesiastical cognizance , and in the intent thereof practicable at this day . mr. blount in his nomo-lexicon takes notice thereof , as a word which comprehends not only the offerings made upon the altar , but also all the profit which accrues to the priest by reason of the altar , obventio altaris . and for further proof and illustration of this matter , there cites a president out of the orders and decrees of the exchequer in the reign of queen elizabeth to this effect , that upon hearing of the matter between r. t. vicar of west-haddon , and e. andrewes , it was ordered , that the said vicar should have , by reason of the words ( altaragium cum manso competenti ) contained in the composition of the profits assigned for the vicars maintenance , all such things as he ought to have by these words , according to the definition thereof made by the reverend father in god , john lord bishop of london , upon conference with the civilians , viz. &c. all doctors of law , h. e. by altaragium , tithes of lamb , wool , colt , calf , piggs , goslins , chicken , butter , cheese , hemp , flax , honey , fruits , herbs , and such other small tithes , with offerings that shall be due within the parish of west-haddon a . the like case was for norton in northamptonshire , heard of late years in the said court , and upon the hearing ordered in like manner as aforesaid . thus all oblations , whether in money or bread , to such or such an altar , either out of devotion or custome , made either by the parishioners or strangers , are esteemed to be offered nomine altaragii b . under which notion may be comprehended oblations , obventions , and offerings , which in effect seem to be but as one and the same thing , and that which may be called meerly spiritual , the oblations being such things real or personal as are offered or dedicated to god and his church , which seem to be included in obventions ; the other profits consisting in the tithes predial or personal , as also in the glebe . john ●e aton in his gloss upon cardinal otho's constitutions , describing the proventus ex altari , says , that they are offerings either in bread or in money , or consisting in other minute oblations , vulgarly called altaragium . const . otho . cap. auditu , verb. proventus , gloss . ibid. which word extends it self also to all things pertaining to the altar , and relating to the ornaments thereof , which were by the canons and constitutions of king edgar , an. . to be mundissima & apprime concinnata : canon . . edgar . reg. è veterrimo ms. codice saxonico , colleg. corp. christi cantabrig . but this cannot referr properly to the word altaragium otherwise than in sensu largo ; for by the genuine signification thereof is meant only the obventions , oblations , and profits of the altar , not the ornaments thereof . ( . ) in cardinal otho's daies , about years since , this provenue of altarage was most grosly abused by many of the clergy insomuch that he made a most severe canon or constitution against the offenders in that kind ; for in these daies ( as he observes in the canon ) these miserable priests ( for so he there calls them ) to advance the profits of their vicarages out of their ravenous covetousness , by the excessive gain of their altarages , would admit none to their penitential confessions , unless they first deposited some money , in pursuance of a precedent compact ( as the gloss has it ) by way of a simoniacal extortion , far exceeding the allowed and accustomed altarages or oblations of the altar : and therefore , first declaring them not only unworthy of all ecclesiastical benefices , but also of the kingdom of god , did decree , that the bishops in their respective diocesses should make a most exact enquiry touching this horrid abuse , and that all such as were sound guilty thereof , should be removed from and deprived of the benefices they possessed , and for the future be render'd incapable of all ecclesiastical preferments , and wholly suspended from their function for ever . constit . otho . nè aliquid exigatur pro sacramentis , fol. . verb. auditu . notwithstanding which there being then in use and practice another kind of simoniacal artifice to advance the excess of altarages , by letting them and other ecclesiastical revenues and profits of the church to farm , another canon or constitution was then also decreed , inhibiting and forbidding all such farms of altarages in any kind for the future : where john de aton in his gloss upon that canon says , it was constituted for the prevention of simony ; and there takes the occasion to put the question , whether it be lawful to allow a parochial chaplain for his stipend the annual obventions of altarage in whole , or in part ? the negative seems ( says he ) to be in●err'd from the text of that canon ; but in his own opinion he is of another judgment , because it matters not , whether his salary be paid in money or any other ecclesiastical thing ; and concludes , that an assignment of such altarages may safely be tolerated ; and that the priest to whom altarages are due , may appoint his proctor to collect the same , and being so collected , may lawfully be assigned him for his stipend : and although the canon forbids the letting to farm the altarages , and other profits of the church , yet the gloss holds that the temporal provenues of an ecclesiastical jurisdiction may be sold or lett to farm ; but not the spiritual right of the jurisdiction it self . ibid. constit . n● dign . tradantur ad firmam , verb. ecclesias , & gloss . ibid. ( . ) note , upon evidence to a jury , between brett and ward , upon the dissolution of a vicarage in the county of warnick , which was part of the priory of dantry , where the pope by his bull gave to the vicar minutas decimas & altaragium . and it was certified by the doctors , that altaragium will pass to the vicar tithe-wool , &c. and the usage was shewed in evidence , and the copy of the popes bull ; and the court would not credit that without seeing the bull it self : and so the plaintiff was non-suit , and the jury was discharged c . bulla , h. e. properly vesicula aquae superfluens : but in this case a more reverend esteem was had of the popes bull. bulla is also taken for the boss of a nail or bridle : hinc bulla pro sigillo & pro obsignato diplomate , in primis literis pontificum plumbeo sigillo notatis . has literas bullam vocant , quia plumbea bulla arctentur ; quemadmodum apud romanos bulla erat ornamentum aureum , quod jungebat vestes : est enim bulla tumor , & ornamentum illud , hoc bullae nomen retinuit , quamvis in figuram cordis esset fabricatum , ut refert macro . in . satur. quare aliquoties vestis ipsa bullata bulla nuncupatur ; ita & liter●● apost . bulla plumbi munitae , bullae nuncupantur . gammar . extra . cum tam divino . ( . ) w. libels against g. in the ecclesiastical court for tithes of wool , wood , a●d apples , &c. and he shews that he was vicar there ; and that the e. . there was a composition , that the parson should have the tithes of grain and hay , & praeterea the vicar should have altaragium : and for that that those tithes did not belong to the vicar , he prayed a prohibition . and henden objected , that the parishioner ought to set forth his tithe , and not dispute the title of the parson or the vicar ; but the vicar ought to come into the ecclesiastical court pro interesse suo : but notwithstanding that , and notwithstanding the vicar refuses to claim those tithes , and that alwaies within memory they have been paid to the parson , yet a prohibition was granted : and in the end ( upon the composition ) power is reserved to the ordinary , if any doubt or obscurity be in the composition , to expound or determine it ; and if he please , to increase the part of the vicar ; and there was not power of diminution : as by hutton , it is also usual in such compositions ; and they say , that the word altaragium shall be expounded according to the use ; as if wood had alwaies been paid to the vicar by virtue of this word , so it shall continue , otherwise not : and so it had been ruled in the exchequer ; and upon that president it was ruled accordingly so in this court : and by them wood is minuta decima , as in the case of st. albans it was ruled d . ( . ) in a trial at the barr in an action of trespass , the question arising between the parson and the vicar , as touching tithe-wood , and to whom the same belonged : as to this by the opinion of the whole court clearly , the parson de mero jure ought to have the tithe-wood , if the vicar be not endowed of the same , or claims to have it by prescription ; but without such a dotation or prescription the same belongs to the parson . another question was propounded for the vicar , who entitles himself unto the tithe-wood by these words [ altaragium ] and minutae decimae , whether these words will carry the tithe-wood unto him or not : as to this , the exposition and true definition of this word [ altaragium ] is considerable , and to whom this is due . [ altaragium ] as was observed , is that which is due to be served at the altar . wil●iams justice , altaragium is that only and properly which is offered at the altar , and minutae decimae are the small tithes ; also the word [ altaragium ] will not carry tithe-wood : and this is the question here , whether the vicar by this word [ altaragium ] hath title to the tithe-wood ? crook justice , this word altaragium doth not carry the tithe-wood , which are great tithes , but minutas decimas , which are petit small tithes ; minutae decimae & altaragia , the vicar , as was urged , is to have them by his composition , and that by these words he is to have tithe-wood . fleming chief justice , there is an usage here laid in the vicar to have the tithe-wood , by reason of these words , altaragia & minutae decimae , the which the vicar can no waies have , but by prescription or by such a usage ; and so the same may pass by these words altaragia & minutae decimae , and the usage had accordingly : also sheaves of corn have passed by usage to the vicar , by the words altaragia & minutae decimae , and so it was adjudged in the court of exchequer . the judges all agreed in this , that by these words altaragia & minutae decimae , by usage , tithe-wood may well pass ; and so hath the opinion of all the civilians been . fleming chief justice , and the rest of the judges agreed in this , that by usage , the word altaragia shall be accounted inter minutas decimas . williams justice , by the word altaragia tithe-wood doth not pass ; but if the vicar have used to have the same , time out of mind , this is good , and shall pass under the words of minutae decimae . fleming chief justice , though the law be against it , that tithe-wood doth not pass by these words , yet by usage it hath been allowed good , to carry tithe-wood by these words , being of small value ; and by such usage tithe-wood may pass , though the law be against it . chap. xxxii . of tithes . . what tithes are ; the original thereof in england ; with the division and subdivision thereof . . whether the quotity be moral , or only of the ceremonial or judicial law ? the institution of tithes ; the lawfulness thereof under the gospel ; it is sacriledge , theft , and robbery to withhold them . . the common arguments against the payment of tithes , answered . . a fourfold division of tithes under the levitical law. . the schoolmens conceit touching the division of tithes in allusion to the division of the law of moses . . tithes anciently ecclesiastical are now temporal inheritances ; several laws touching tithes in general . . what the common law of england understands by tithes : the first obstruction thereof by charles martel . . the supposed reason , why tithes before the lateran council might be paid to any church or any priest : the original division of england into parishes . . the exact provision anciently , as well before as since the conquest , made by the sovereign kings and princes of this realm for the due payment of tithes . . the supposition of the par●chial right of tithes to be settled by a canon of the council of lateran , contradicted . . whether a parson may make a lease parol of his tithes . . tithes discharged by vnity of possession . . a covenant between parson and parishioner touching non-payment of tithes . . whether proof by one witness in case of tithes , ought to suffice in the ecclesiastical court. . tithe-wool , and rotten sheep ; tithe-calves . . tithe-headlands ; tithe-wool ; lamb and wool included in samll tithes . . tithe-wool of sheep depastured in one parish and shear'd in another . . suit for the tithe-grass of a riding nagg . . modus decimandi touching tithe-wool , and lamb. . park-tithes ; buck and doe not tithable ; what partridges and pheasants are not tithable . . saffron , whether it be small tithes ; venis●n not tithable . . prohibition for not allowing proof by one witness . . an action of the case lies against a parson , that takes not away in due time his tithe-corn set out . . the parishioner not obliged to divide the tithes into moities , where two persons have portion of tithes by halves . . a custome of not tithing the odd sheafs , good . . whether tithes shall be paid of the glebe leased to a farmer . . whether tithes may be leased or released without deed ? . a parson may sue in the ecclesiastical court pro modo decimandi . . whether that court may proceed therein in case the modus be denied . . in what case the right of tithes is triable in the exchequer . . a case in law touching prescription , and of tithes of a park disparked . . what things are reputed majores , what minores decimae , and how they may vary according to the circumstances . . whether tithes are payable of cattel for the dairy or the plough ? . whether a dean and chapter be capable de non decimando their lands ? . touching tithe-herbage of young cattel , of hedge-stuff , of orchards , and the custome of hearthy-peny . . tithe-fish , customary tithe ; whether prohibition or not . . acorns tithable , if sold ; whether pidgeons , if spent in the house . . several cases touching discharges of tithes . . hay of headlands , whether tithable ? . prescription for discharge of tithes upon payment of s. per ann . . a forrest in the kings hands is priviledged of tithes , not so in the hands of a subject : the right of tithes between parson and vicar , triable in the ecclesiastical . . whether tithe shall be paid for hedge-boot and fire-boot ? . touching tithe of young cattel , of hedging and fencing , of the herbage of heifers and horses , of dry-cattel , and of gardens ; how far tithable , or not . . apples stollen out of the orchard , not tithable ; no tithes of pasture of milch-kine grown dry ▪ unless kept for sale. . composition for tithes for life ; not good without deed. . estovers burnt in the house , not tithable . the hearth-peny good by prescription . . a composition for tithes de anno in annum . . the modus decimandi is suable in the ecclesiastical court , as well as the tithe it self . . pro●ibition in case of libel to prove in perpet . rei memo . . custome of tithe-grass cocks as to both mathes . . in a prohibition upon matter at common law , and not within the stat. of e. . . the suggestion need not be proved in six months . . tithe-hay of headlands ; custome and prescription . . tithe-hay of heathlands ; also tithe of pidgeons . . minute tithes to the vicar . . tithes to parson and vicar may amount but to one action . . the curate may not prescribe in tithes against the parson . . curates may sue for pensions in the ecclesiastical court. . by the civil law , the parson to have notice when tithes set out . . action on the case against a compounder for tithes suing in the ecclesiastical court. . modus decimandi by one may hold as to others for a prohibition . . composition for one year good without deed , not if for years . . tithe-hasel , holly , willow , whitethorn : whether the parishioner shall preserve the parsons tithe for him . . testis singularis not sufficient to prove payment of tithes in the ecclesiastical court. . composition for tithes , and a prohibition thereon . . tithes taken away by a stranger after they are set out , the parsons remedy lies at the common law. . in what case no costs upon failure of proof of the suggestion within the six months . . modus decimandi may be sued for in the ecclesiastical court , where if denied , they are to surcease . . custome in cornwall touching tithes of sea-f●sh . . in what case an agreement for tithes for years may be good without deed. . in what court tithes of rents in london may be sued . . a collector of tithes cannot license a parishioner to carry away his corn. . whether debt lies for treble dammages upon fraudulent setting forth of tithes . . tithes , whether they belong to the parson or the vicar , cognizable in the eccles●astical court , where the right of tithes is confessed . . the ecclesiastical court not judges of the bounds of a parish . . modus decimandi in reference to a park . . a fr●udulent setting out of tithes , is no setting them out at all . . the vicar shall have tithe of rape-seed , being within a prescription , though a new thing in england . . what the word garba signifies . . whether wood in its own nature be great tithes ; and in what case it shall pass by the words de minutis decimis . . if two titles of tithes unite in one person , there need but one action for them . . a parson may not sett a lease for years of tithes per parol only . . if a parson be disturbed in carrying away his tithes se● out , his remedy lies properly in the ecclesiastical court. ( . ) tithes [ dismes , decimae ] probably an abbreviation from the saxon , teo●un● , or tithing , properly decuria in that language . lamb. expl. of sax. words , verb. de●uria . that the apostles and elders at jerusalem were competently supplied by the contributions of the jewish proselytes , is very conjecturable in that they sold their possessions , and brought the price thereof and laid it down at the apostles feet ; and such as then planted the gospel , and labour●● in the word and doctrine , had their maintenance by the contributions of their converts . vid. concil . grang. can. , & . and st. cyprian writing to his church of carthage , epist . , & . to receive aurelius and cellerinus , confessors , saith in epist . . presbyterii honorem designasse nos il●is jam sciatis , ut & sportulis iisdem cum presbyteris honorentur , & divisiones mensurnas aequatis quantitatibus partiantur , know you , that we have already designed to them the dignity of presbytership , that they might be honoured with such allowances as presbyters have , and receive equal shares in the monthly dividends . so that sportulae were the allowances , which in this infancy of the gospel the presbyters had out of the contributions of the converts . and the fratres sportulantes mentioned by him in epist . . were the clergy which received such allowance . these converts ( after the conversion of constantine the emperour ) many of them being governours and nobles , settled great and large demesn-lands upon those who converted them ; and that ( according to mr. seldens conjecture ) the first oratories or places of publick worship , were built in the lands bestowed on them ; which first oratories were called cathedrals , sees , or seats , from their constant residence thereon . that the christian church even in times of persecution laid claim to tithes as due jure divino , is partly confessed by mr. selden himself , citing some passages in the ancient fathers to that purpose . but when the empire became christian , then the christian clergy did more earnestly press the donation of tithes ; and in process of time they prevailed , not only by preaching and canons , but by the edicts of emperours and kings , to have tithes given to the church . and it appears , that the roman empire , where-ever it did reduce any conquered countrey in formam provinciae , appointed the farmers of the customes , to collect among other impositions the tenths of the tenants of the empires ; that is , of all who occupied any land in the conquered province , either as immediate tenants to the empire , or as sub-tenants under them . the publicans therefore who collected these tributes were called decumani , as mr. selden , pag. . of his history of tithes doth observe out of appian . but whether these tenths were received by the senate or emperours , upon a civil or religious account , is not liquid and clear : for the emperours alwaies till christianity came in ( nay constantine and other emperours even after christianity was received , till gratian's time , as the noble and learned du-plessy in his mystery of iniquity observes out of zosimen ) continued the chief pontifice or high-priesthood in their own persons . and as touching us here in england , dr. heylin , p. h. treleyny , in his treatise touching tithes , p. . saith , tithes are not given to the ministers by the people ; for sr. ed. coke on litt. tenures , lib. . c. . sect. . fo . . asserteth , that it appears by the laws and ordinances of ancient kings , and especially of king alfred , that the first kings of this realm had all the lands of england in demesn , and les grandé mannors & royalties they reserved to themselves , and with the remnant they for the defence of the realm enf●offed the barons of the realm with such jurisdiction as the court baron now hath . and at this time , when all the lands of england were the king demesns , that ethelwolph the second monarch of the saxon race ( his father egbert being the first , which brought the former heptarchy under one sole prince ) conferred the tithes of all the kingdom upon the church by his royal charter . of which ingulph abbot of crowland , an. . saith , that king ethelwolph with the consent ( gratuito consensu ) of his prelates and princes , did first enrich the church of england with the tithes of all his lands and goods . many other laws of the saxon kings for the payment of tithes are recited by mr. selden , as entirely the gift of kings : and so saith king elred , nemo auferat à deo , quod ad deum pertinet , & praecessores nostri concesserunt . the whole bishoprick anciently was in a large sense a paroecia , and the income of it ( by contributions first , and by tithes also afterwards ) was the common stock of all the clergy of the diocess ; and mr. selden asserts it to be the general opinion of all the common lawyers , that before the lateran council , under innocent . every man might have given his tithes to what church he would ( probably within the diocess ) because they were not the propriety as yet of any one presbyter , but the common patrimony of all the diocesan clergy . so that tithes are a tenth part of all increase tithable , due to god a , and consequently to his ministers that wait on the altar . these are divided into three sorts , . praedial tithes , arising only either of the fruits of the ground , as corn , hay , hemp , and the like ; or of the fruits of trees and orchards , as apples , pears , and the like . . personal tithes , arising of the profits that come by the labour and industry of man , either by handicrafts , as carpenters , masons , and the like ; or by buying , selling , or merchandizing . . mixt tithes , arising partly of the ground , and partly of the industry of man , as of calves , lambs , piggs , milk , cheese , and the like b . no tithes shall be paid for such things as do not increase and renew year by year , by the act of god c . of praedial tithes some are called majores , vulgarly termed the great tithes : others minores vel minutae , vulgarly the small tithes . the great , such as wheat , rye , hay , &c. the small , such as min● , annis , cumin , &c. d . and commonly with us here in england we compute flax in the number of small tithes ( which is a praedial tithe ) as also wool , milk , cheese , eggs , chicken of all kinds , lambs , honey , bees-wax , and the like , vid. lindw . cap. de decimis . in ancient times the laity were so far from subtracting their tithes , as is the common practice of these daies , that oft-times they would give more than was due or demanded ; and were so conscientious in the payment thereof , as at their death they usually bequeathed a soule-sceat to their parochial priest in lieu of any tithes forgotten ; and at their funerals caused their best ox or horse to be led with the corps , and as a mortuary or oblation given to the priest in recompence of any tithes , which possibly in their life-time might have been omitted to be paid . but in these latter ages ( not regarding what s. hierom says ) that fraudare eccelsiam est sacrilegium e , all artifices imaginable are put in practice to subduct the tithes ; and therefore to enforce the due payment thereof were the statutes of h. . and ed. . made and enacted f . . covarruvias , with other canonists and schoolmen , holds , that by the moral law the rate or proportion of tithes is not necessarily to be the tenth part of the fruits ; which the more received opinion holds to be both erroneous and mischievous ; and that by the law of god and nature , no custome deviating from the exact rate and proportion of the tenth of the fruits , ought to prevail any longer than by the free and mutual consent of parson and parishioner : for which reason it is supposed , that the paying of a halfpeny for a lamb , or a peny for a calf , by such as have under seven in one year , is now become an unreasonable custome , in regard the value of such lambs and calves is now raised four times higher , than in ancient times . this seems far remote from tithes , the very quotity whereof seems to be moral g , rather than ceremonial or judicial ; and not only allowed or approved , but even commanded by our saviour himself h : yea , by the very law of nature ( which is the ground of the moral law , and long before the levitical ) tithes appear to be due , in that abraham paid it to melchisedec : and god himself ( who is the best interpreter of his own law ) calls the detention of tithes sacriledge i . and that command of christ , affirming that tithes ought to be paid of all , even to the very herbs , spoken by him at the period of the levitical law , ought not to be restrained only to the priesthood of aaron ; for it doth now remain in force as to priests under the gospel , as that other part of the moral law , thou shalt not steal , the withholding of tithes being expresly interpreted theft and robbery by the prophet k . and lest it should be thought a meer human interest , or in the power of man to alienate , god himself hath vouchsafed to take tithes upon his own account in his ministers behalf . these tithes could not be meerly ceremonial ( as some would have it ) for they prefigure nothing , nor are they repealed by any one text in the gospel , but reinforced as aforesaid : so that whatever was commanded in the old testament , and grounded on the law of nature , and being not repealed in the new , must yet stand in force , as a duty of the moral law. and if it be objected , that tithes were not paid in the primitive times of the christian church ; the reason is , not because they were not then due , but because there was not then any such settled order for things of this or the like nature in the church . ( . ) wherefore all the common objections made against the payment of tithes in the christian church may be reduced to one of these four : ( . ) that our saviour gave no command to his apostles to take tithes , but rather on the contrary said , freely ye have received , freely give . — answ . yet our saviour says , these things ( speaking of tithes ) ought you to have done l . and says , the workman is worthy of his meat m . and st. paul says , the labourer is worthy of his reward n . where hath christ in totidem verbis forbidden sacriledge ? wilt thou therefore commit it , because he hath not in terminis terminantibus forbidden it ? thou that abhorrest idols , dost thou commit sacriledge o ? ( ) tithes were not paid till about three hundred years after christ , as tertullian , origen , and s. cyprian do testifie . answ . these fathers do withal acknowledge , that during that time the churches maintenance was the peoples free contribution ; which probably might have continued to this day , had not that contribution in process of time turned into a sacrilegious century by covetousness , instead of a commanded decuma as a duty morally enjoyn'd . ( . ) that tithes came first into this kingdom by the power of the pope , as by pope adrian in the time of offa king of mereia , during englands heptarchy , in an. . — answ . possibly it might be so ; what follows thence ? does a thing lawful in it self become unlawful , because a pope enjoyns it ? what if he had commanded alms to be given instead of tithes ? must we therefore be neither honest in payment of the one , nor charitable in giving the other , because there was a command of a pope in the case ? ( . ) that aethelstane , edmond , edgar , canutus , and aethelwolfe , kings of england , ordained the payment of tithes meerly to pacifie their consciences , and thereby to make atonement for their blood-guilty souls . — answ . admit it were historically true , yet the final cause of any action , or the end for which a thing is done , alters not that quality that is inherent naturally in the thing : a thing lawful in it self commanded for a wrong end , perverts the action , not the thing ; if a man gives alms that the poor may be drunk , though that be no alms , yet it doth not render alms as unlawful , nor alter that quality of charity which is inseparable from alms. ( . ) tithes anciently were fourfold , as ( ) that which the people paid to the levites p . ( ) that which the levites thence paid to the priests q . ( ) that which the jews reserved for expence in their solemn feasts , when they went to the tabernacle or temple r . ( ) a third years tenth , which was then laid up for the levite and the poor s . the first of these is held a natural , moral , and divine tribute ; the second and third ceremonial ; the fourth judicial . the jews had also their theruma , which was not properly tithe , but a second kind of first-fruits : there were two kinds hereof , the one called the great theruma , the exact quantity whereof was not defined by moses ; but the ancient lawyers determin'd , that it might not be less than the fourtieth , fiftieth , or at least the sixtieth part of the kinds already dress'd and prepared , as wheat fann'd , oyl and wine , corn in the ear taken from the heap and given to the priests t . the other was the lesser theruma , which was , that when the former was taken away for the priests , the rest of the heap was tithed for the levite , the tenth part whereof the levites gave to the priests , which was called the tithe of the tithe , or the theruma of the tithe . ( . ) because the law of moses hath been divided into three parts , viz. moral , judicial , and ceremonial , some of the schoolmen have thence conceived , that tithes admit the like division , whereof the moral part was only a necessary maintenance for the minister , and therefore natural and perpetual : the judicial part was the number of ten , as fit only for the jews , and therefore positive and remotive : the ceremonial part was the mystery contained in this number of ten , which being ( as they taught ) but a shadow only , was vanish'd and abolish'd with the law it self ; and thence inferr'd , that the quotity or precise number of ten being taken away by reason of the ceremony , a competency now only remains for the minister out of the tithes : this conceit hath occasioned no small prejudice to the church , although it hath no more probability of truth in it , than that whereon it is grounded , viz. that the number of ten is a type of christ , and that the inferiour digits do signifie the people . levi himself paid tithes to the first priest we ever read of , that is , he paid them in abraham , which being urged by the apostle against the levitical ceremonies , argues , that they are more than meerly levitical and ceremonial ; indeed if we consider their assignment to levi's tribe , they are such , but not otherwise . the sabbath and tithes were both before the law in their very numbers respectively u , and were but repeated by moses under the law , because they had been approved of god before the law in the self-same numbers . the sabbath is said to have a moral and a ceremonial part : the moral is perpetual and unalterable , which is , that god should have a seventh day ; the ceremonial being typical of our rest in heaven is only positive , and not so unalterable , but that it might be ( as it is ) changed from the seventh day of the creation , to the seventh after our saviours resurrection : so tithes , they also have a natural and a positive part ; the natural is permanent and unalterable , which is , that god hath reserved to himself a tenth of the increase , &c. for the maintenance of his ministers ; in which sense immediately after the dissolution of the jews policy , the christians of the primitive church , as soon as they could get any outward form of a church , and peace from persecution , received it in the very quotity : the positive is , that the lord annexed those tithes by moses to the priests and levites for their maintenance , during the dispensation of the mysteries under the law , and th●refore changed by the christians in the primitive church to the christian ecclesiasticks w ; so that how this quotity can be changed into a competency , s●●ms neither demonstrable nor warrantable by the word of god , but that the quotity ought to remain as a perpetual right due to god and his church . and if any shall argue , that tithes are not to be paid or required in a protestant church , because they have been ever so upheld in the church of rome ; such may as well argue , they ought not to be paid in a christian church , because they are paid to mahumetan princes , for so they are , and that because they were priests ; for every husbandman is bound to pay for tribute the tenth part of all his corn to the patriarch for the use of the prince , the relief of impotent people , and widows , and for maintenance of war against the enemy . purch . pilgr . lib. . cap. . § . . p. . nu . . ( . ) tithes , which anciently were meerly ecclesiastical , are now made temporal inheritances ; therefore are they assets in the hands of the heir , the wife endowed of them , and the tenant by the courtesie shall hold them x . they are not grantable for life , or years , or for a longer term than one year , but by deed y . they cannot be extinguished by a f●offment of the land , nor pass by a devise of lands , with all profits and commodities thereto belonging ; and yet may be exchanged for temporal inheritances z . anciently and at the common law there were none qualified to receive them , but either an ecclesiastical person , or a mixt person as the king. they are not extinct by their coming into any hands , but of the parson himself a . and that which is given in lieu of them is turned into a spiritual fee b . it is not paid more than once for one and the same thing in one and the same year , and that only for the neat and clear profit of the thing tithable c . it must be paid in kind , if there be corn now where wood grew before , or wood planted now where woodlands formerly were . and the law allows the parson a convenient time to remove the tithe ; which circumstance of time and the convenience thereof is triable by a jury ; and if the parson exceed the time , the parishioner may have his action against him as a trespasser ab initio d . and some conceive , that the parishioner is not bound to give the parson notice when he doth set forth his tithe e . by the civil law the parishioner ought to give the parson notice when the tithes are set forth ; but it hath been adjudged , that the common law doth not so oblige a man f . but a severance of nine parts from the tenth part there must be , for such severance is so necessary , and in a kind so essential to tithes , that they are not due , nor is it tithe within the statute of ed. . until such severance be made . yet the parson may grant his tithes growing upon the land , before severance ; which ought to be made by the owner of the land : for though the property of tithes set out by the owner of the land belongs to the parson , yet it is otherwise if they be set out by a stranger g . and in case the land be not in any parish , then the king shall have the tithe thereof by his prerogative and by the custome of england h . but where lands in themselves tithable , are not manured or ploughed , specially in prejudice to the parson , in such case he may notwithstanding sue the occupier thereof in the spiritual court for the tithes of that land i . but if the parishioner duly sets forth and severs the tithe in convenient time , and after dammage happen to him by the parsons not taking the same away in like convenient time , in that case the parishioner may have his action on the case against the parson k ( . ) the common law of this realm takes notice of tithes by the word [ dismes ] ( decimae ) of the french ( decimes ) signifying tithe , or the tenth part of all the annual fruits , either of the earth , or of beasts , or mans labour and industry , due unto god , and consequently to him that is of the lords lot , and hath his share by his special appointment : it signifieth also the tenths of all spiritual livings , yearly given to the prince , called a perpetual disme l , which anciently were paid to the pope , until pope vrban gave them to k. richard the second , to aid him against charles the french king , and such others as upheld clement the seventh against him as aforesaid m . it signifieth likewise a tribute levied of the temporalty n . but here it is to be understood , as quota pars omnium bonorum licite quaesitorum , deo divina institutione debita ; which though according to the canon law is a tenth of annual and lawful encrease commanded to be paid to the sons of levi for their maintenance in consideration of their ministry ; yet at the common law it is an ecclesiastical inheritance collateral to the estate of the land , and of its own nature due only to ecclesiastical persons by the ecclesiastical laws o . the practice whereof never met with any considerable interruption in any age , until martel's sacrilegious infeudations of tithes , about the year . which usher'd in such a president into the christian world , as could never to this day grow obsolete and out of use . notwithstanding from the beginning it was not so , nor did any lay-persons pretend to tithes originally , nor legally till the statutes of dissolutions of abbies made them capable thereof , whereby the tithes appropriated to such houses of religion as were dissolved became a lay-fee , and suable by the laity in the kings ecclesiastical courts . ( . ) where in the books of the common law it is reported , that before the council of lateran , every man might give his tithes to what church he pleased , and might have bestowed them upon what person he thought best ; there it is also asserted for reason , that before that council there were no parishes , nor parish-priests that could claim them . but by a canon made in that council , every man is since compellable to pay his tithes to the parson or vicar of that parish where the tithes arise p . here may arise a question , whether there were not parishes long before any council at lateran ? for admitting that the second lateran council was held in the year , as s. tho. ridley computes it q , or that the general council of lateran was held in the year , as sir simon degge calculates it r , yet there seems of be a division into parishes some centuries of years before either of these : for it is said , that cities and countries were divided into several parishes by an ordinance of pope dionysius about the year s , and from him derived into this and other realms : also , that ecclesiastical persons first in this kingdom made divisions of parishes , as appears by our own chronicles t ; and that the first practice thereof came from honorius the th archbishop of canterbury after augustine , who died in the year u . and such as have followed the course of antiquity in this matter , conceive that the original of parishes had its president from the practice of some ancient roman bishops , it being ( as some would have it ) recorded in the pontifical of damasus ; but in anastasius's bibliothecar , it is found , that when peter had appointed and ordained priests , &c. and cletus had reduced them to a certain number , pope euarist assigned to each of them his parish ; and as to the time when those parishes were assign'd by euarist , it must be about the beginning of the second century , which was many centuries before the c. of lateran , as also was the practice thereof here in england by honorius , as aforesaid , the truth whereof is approved by cambden . but cavendum , &c. saith marsil in his book de red. eccl. c. . heed must be taken as to the word parish , for it is equivocal , having various acceptations , as sometimes when nothing is named but a parish , the whole diocess is understood , which notion of the word often occurs in the councils ; in which sense barbatia spake a wide word for the pope in his tract . de praest . card. when he said , that in respect of his holiness , the whole world was but one parish . sometimes a parish is taken for such a part of the diocess , as was assign'd to some priest , arbitrarily sent and maintained by the bishop ; to whom such a parish paid all their dues , and he to his clergy ▪ about which time this custome was introduced , that all church-dues should be at the bishops disposal , to be divided into four portions , whereof he should have● part for himself , another for his clergy , a d for the poor and strangers , and the th to be reserved to the parishioners for the repairing of churches ; the collection of which dues was committed to the care of the chorepise . from which quadripartite division probably came that custome whereby the bishop of every diocess might before the c. of lateran make distribution of the tithes within his diocess , where he thought convenient to spiritual persons , for their necessary maintenance x . if the original of a parish in the former acceptations were a device of the ancient rom. bish . & from them derived to other nations , then probably from the inconveniencies thereof might be the beginning of a parish , as it is taken for su●h a part of the diocess , as is limited to some residentiary incumbent , allowed by the bishop , and maintained by the church-dues in his own right ; which consideration of a parish seems most of all agreeable with those which we now have , and were in use with us before edgar's daies , as appears by the saxon laws of that time . ( . ) the ancient kings and sovereign princes of this realm , both before and since the conquest , have ever made special provision for the due payment of tithes unto the church , and that ever since there was any church-government in this land ; witness that law made before the conquest by king aethelstane , that every man should pay his tithes in manner as jacob did , that is , of all that god should give him . the like did king edgar and king edmund command on pain of excommunication . and about the seventh century ina king of the west-saxons made a law , that the church-sceat be paid at martlemass , on pain of paying twelve times as much in case of refusal : this church-sceat fleta interpreteth church-seed , and therefore calls it certa mensura bladi tritici , &c. others read church-scet , that is , the church-shot or church-due : also the said king aethelstane in the ninth century made a law by the advice of walfehelme his archbishop , and his other bishops , commanding all his reeves throughout all his kingdom in the lords name , and of all saints , that in the first place they pay the tithe of his own revenues , as well in living cattel as the yearly fruits . likewise king edmund at a synod holden in london , at which oda and wul●●tan archbishops , and many other bishops were present , made a law , commanding all christian men by their christianity to pay tithes , church-sceat , and almes-fee ; if any refuse to do it , let him be accursed . this alms-fee or alms-money was that , which was called the peterpence ; for when ina the west-saxon king went in pilgrimage to rome , he made it a law to his subjects ; that every house should pay a peny to the pope ; and this was to be tendred at st. peters-tide , as appears by edgar's law , nu . . in the laws also of king edgar it was decreed in the first place , that gods church should have all her rights , and that every man should pay his tithes to the elder minister ( or mother-church ) where he heareth the word , cap. . of edgar's laws . and in the eighth chapter of king rnutes laws it is ordained , that care be taken rightly to pay gods rights every year , viz. the plough-alms fifteen nights after easter , the tithe of young cattel by whitsontide , and the fruits of the earth by allhallentide ; otherwise , the kings reeve , and the bishop may take the tenth part whether he will or no , and give it to the minister whereunto it belongeth . also by the laws of edward the confessor , nu . . & . it was decreed particularly , that tithes should be duly paid de garba , grege equarum , pullis , vaccis , vitulis , caseo , lac●e , vellis , porcellis , apibus , bosco , prato , aquis , molendinis , parcis , vivariis , piscariis , virgultis , hortis , negotionibus , in a word , omnibus rebus quas de derit dominus ; which decree was afterwards ratified by the conquerour . afterwards king edward the first at the petition of the clergy , established the articles of the clergy , which his son ed. . confirmed by his letters patents under the great seal , and by consent of parliament , at the petition of the clergy in the ninth year of his reign . and by the statute of r. . cap. . it is acknowledged , that the cognizance of tithes of right doth , and of ancient time was wont to pertain to the spiritual court. also the cistercians , who had purchased bulls from the pope to be discharged of tithes , in the second year of h. . were by act of parliament after reduced to the state they were in before . and in the fifth year of h. . it was ordered , that such as held lands belonging to any friers-aliens , should pay all manner of tithes to the parsons and vicars of the parishes wherein the same were , notwithstanding their being seized into the kings hands or any prohibition to the contrary : for before the dissolution of monasteries , &c. by king h. . lay-men were not capable thereof , nor indeed after the dissolution , notwithstanding the statute of h. . c. . could the people be well brought to pay their tithes to the lay-purchasers thereof , not qualified to sue for the same , until the statute of h. . c. . enabled them to convent the refusers before the ordinary or other competent judge , according to the ecclesiastical laws , without the reserve of any cognizance for the temporal judge therein , otherwise than as to what refers to the inheritance or freehold of such tithes , or in case of disseisin thereof ; which was not only ratified and confirmed by a subsequent statute made in the time of edward the sixth , but it was also then enacted , that the tithes should be paid as the usage or custome had been within forty years next before , and that under certain penalties and forfeitures in case of detention or substraction ( and of treble dammages in some cases ) the party so subtracting to be prosecuted in the spiritual court according to the kings ecclesiastical laws . ( . ) sir simon degge in his late useful treatise , entituled the parsons counsellor , par . . or law of tithes , cap. . discovers a vulgar error touching the original settlement of the parochial right of tithes : for whereas it is frequently said in the books of the common law , that before the general council of lateran every one was at liberty to give his tithes to what spiritual ecclesiastical or religious person he pleased , and that the parochial right thereof was settled by the said council ; he says , there is not any canon of that council to any such purpose , whereby the parochial right of tithes was settled : nor could it then be , for that the said council was in an. . but the parochial right of tithes was not settled till the year . and then not by any canon , but by a decretal epistle of pope innocent the third , a brief whereof he there inserts out of mr. selden and sir ed. coke . if this were an error in them , it was so also in lindwood , c. locat . & conduct . verb. portion . but possibly not such an error in either as is conceived , for whether the canon for the settling of parochial right of tithes , made in the council of lions , . were an original decree , or only a confirmation of some former canon to the same effect or not , clear it is , that the said decretal epistle of p. innocent . obliged only the province of canterbury , to whose archbishop it was directed : lindw . c. nuper abbates , de decim . and in the second lareran council , holden an. . ( being nigh years before that abovesaid ) it was decreed by the said innocent . that the religious persons , viz. the cistertians , hospitallers , templers , and those of st. johns of jerusalem ( which by the popes paschal . and adrian were exempted from payment of tithes ) should pay the same unto the parochial incumbents ; whereby a parochial right of tithes is settled by a lateran council . ( . ) at the common law it seems a parson cannot make a lrase parol of his tithes , but may discharge them per parol ; for in bellam's case against belthrop it was ruled by doderidge , jones , and whitlock justices , that where the defendant in a trover and conversion of certain loads of fetches , justified under the lord clare by a demise per parol for tithes of grain for one year made in april , that the lease was not good , but altogether void ; but the parson may discharge the parishioner of tithes per parol , or lease the rectory consisting of glebe and tithes per parol for years a . ( . ) in skelton's case against the lady airie it was said that it was adjudged mich. & eliz. that a perpetual union of the parsonage , and the land charged , is a sufficient discharge of the tithes , and a prescription may be well enough to be discharged of the payment of tithes , as it appears by a case put in the archbishop of canterbury's case , coke lib. . g. crook counsel è contra conceived that a perpetual unity was no perpetual discharge , and said there was no judgment given in the case cited before ; he also cited h. , or . where the manner of tithing is set down ; he also cited the bishop of winchester's case , coke lib. . also the prior of d. to be resolved in eliz. that a copyholder may prescribe to be discharged of tithes by pleading , that he was alwaies tenant by copy to a spiritual corporation : and he said , that it was adjudged in sheddington's case , that if a man prescribe to be discharged of payment of tithes by reason of payment of another kind of tithe , that this is not good b . ( . ) the parson of d. covenanted with one of his parishioners that he should pay no tithes , for which the parishione●r covenanteth to pay to the parson a certain annual sum of money , and afterwards the tithes not being paid , the parson sued him in the ecclesiastical court , and the other prayed a prohibition : and it was agreed , that if no interest of tithes pass , but a bare covenant , then the party who is sued for the tithes hath no remedy , but a writ of covenant : and the better opinion of the court in this case was , that this was a bare covenant , and that no interest in the tithes pass c . ( . ) in warner's case against barrett in the ecclesiastical court , it was said by richardson , that before the stat. of ed. . the proper suit for tithes was there , and if they allow not one witness to prove payment , a prohibition shall be granted . and he put morris and eaton's case in the bishop of winchester's case ; where it was ruled , if the spiritual court will not allow that plea , which is good in our law , a prohibition lies , as in case of tithes d . ( . ) it was moved for a prohibition ; because a parson had libelled against a parishioner for tithe-wool of rotten-sheep , which he ought not to have , because he shall have tithe for the same thing at shearing-time afterwards ; as where tithe is paid for the cuttin●s of grass , it shall not be afterwards paid for the after-math . it seemed otherwise to doderidge and jones , because it is for the same thing there , but here the parson hath no recompence for the wool. and jones said , that if the parishioner sell sheep , the parson shall have allowance of the tithes thereof after the shearing : and upon this point a prohibition was denied . secondly , there is a custome , that if a parishioner hath three calves , he shall pay a peny for the tithe thereof ; if seven calves , then one calf . the parson sued for one calf , because the parishioner had three one year and four another , and for that he had no tithe for the first three . and thereupon a prohibition was granted a . ( . ) in huddleston and hills case it was said , that if a man sue in the ecclesiastical court for tithes of headlands , the defendant may have a prohibition ; but he ought then to suggest , that they are but small headlands , and that there is a custome of discharge in consideration that he paid tithes in kind of meadows . and in this case williams said , that if a man keep sheep in one parish until shearing time , and then sell them into another parish ; in this case the vendee shall pay the tithe-wool to the parish where they were depastured in the greater part of the time of the growing of the wool b . and in the case of one nicholas and w. ward , it was agreed , that tithe lamb and wool was included within small tithes c . ( . ) in banco regis a prohibition was prayed , because a parson had libelled in the ecclesiastical court for the tenth part of a bargain of sheep , which had depastured in the parish from michaelmass to lady-day : and the party surmized , that he would pay a tenth of the wool of them , according to the custome of the parish . but the prohibition was denied ; for as doderidge justice said , by this way the parson shall be defrauded of all , if he shall not have his recompence , for now the sheep are gone to another parish , and he cannot have any wool at this time , because it was not the time of shearing . nota , per whitlock , de animalibus inutilibus , the parson shall have the tenth part of the bargain for depasturing , as horses , oxen , &c. but de animalibus vtilibus , he shall have the tithe in specie , as cows ▪ sheep , &c. d . ( . ) the rector of the church of d. libelled in the ecclesiastical court for the tithes of a riding-nagg , where the case was , that a man lett his land , reserving the running of a horse for some time , when he had occasion to use him there : the desendant shewed this matter in the court by his council , and prayed a prohibition , and abetts that for the same land in which the horse went he paid tithes . and by the court , nigh london , a man wil take or horses to grass ; now he shall pay tithes for them , otherwise the parson shall be deseated . but in this case , if the desendant alledge and prove that it was a nagg for labour , and not for profit , a prohibition lies e . ( . ) in the case of bowry against wallington , where w. had libelled in the ecclesiastical court against b. for the tithes of wool and lamb , and b. upon suggestion of a modus decimandi obtained a prohibition , and had an attachment , and declared upon it , and are at issue upon the modus ▪ which is found for the defendant , and consultation granted ; whereupon judgment was given in the ecclesiastical court against bowry , upon which b. appealed , and prayed a new prohibition , and noy moved for a consultation ; because that a prohibition and an attachment upon it are but one suit , for the contempt of the party in bringing his suit in another court , and translating this from the kings court , and when it is once tried for the desendant , the same thing shall not be tried again . note , that in this case upon the statute of e. . . it was agreed by the court , that a prohibition awarded , and afterwards consultation granted , that upon the same libel no prohibition shall be granted again ; but if there be an appeal in this case , then a prohibition may be granted , but with these differences , ( ) if he that appe●ls pray the prohibi●ion ; there he shall not have it ; for then suits shall be deferr'd in infinitium in the ecclesiastical courts . ( ) if the prohibition and consultation were upon on the body of the matter , and the substance of it , for otherwise he shall be put many times to try the same matter f . ( . ) the lord rich was seized of hadley park , and of all the tith●s thereof , and payed for the tithes but one buck in the summer , and a doe in the winter for years past . the park was disparked and turned into arable land , and the parson would not receive this fee-buck and doe , but would have tithe-corn , and thereupon sued in the ecclesiastical court , and he brought a prohibition . and catlin said , that ●e need not pay other tithes , but buck and doe ▪ for although they be not tithable , yet may they be paid by composition , and he may not take them , but they ar● to be delivered to him : and in like manner partridges and pheasants in a garden are not tithable , yet may they be paid in lieu of tithes , and shall be brought dead to the parson ; and although there be no park , yet may he give a buck out of another park , and perhaps it may be made a park again g . ( . ) the case was , a church in which there had been a parson and vicar time out of mind , and the parson used to have the great tithes , and the vicar the small , and for the space of forty years last past , it was proved that the parson had tithes paid him out of a field of twenty acres of corn , and now the field is sowed with saffron , and the vicar sued for the tithes of saffron in the ecclesiastical court , and the parson had a prohibition . coke , i conceive the parson shall have the tithes , for by the statute of h. . it is enacted , that tithes shall be paid as hath been used the last forty years , and this hath been alwaies tithable to the parson , and although the ground be otherwise employed , yet the parson shall have the tithes : and so was it in norfolk in the case of a park , where the parson prescribed pro modo decimandi to be paid ● . d. for all tithes arising out of the said park , and although the park was afterwards converted to arable , yet no other tithes shall be paid . popham , it hath been adjudged otherwise in w●oth's case in the exchequer . but the law is clearly as hath been said ; and the difference is , when the prescription is to pay so much money for all tithes , or when the prescription is to pay a shoulder of every buck , or a doe at christmas ; for there if the park be disparked tithes shall be paid , for tithes are not due for venison , and therefore they are not tithes in specie . and i conceive , that tithes of saffron-heads shall be comprehended under small tithes ; and although the tithes of this field have been paid to the parson , yet it being converted to another use , whereof no gross tithes do come , the vicar shall have the tithes : and so if arable land be converted into an orchard , the vicar shall have tithes of the apples ; and so if the orchard be changed to arable , the parson shall have tithes . quod fenner concessit h . ( . ) in one hawkin's case , libel was in the ecclesiastical court for tithes for lambs for seven years : and there he proved payment by one witness , and a prohibition was granted for non-allowance of that proof i . ( . ) on the stat. of ed. . c. . for setting out of tithes , the case was this : corn was set out ●or tithes , and the owner of the land took the corn dammage feasant ▪ but in the declaration it is not shewn how long the corn remained on the ground . and by the court , it is not good , inasmuch as it doth not appear that the owner of the land had any dammage at all , for he doth not shew how long the corn remained on the ground . and the usual course in such cases is , if tithe be set out , and the parson take it not away in due time , the party shall have an action on the case . by the court , a man cannot distrain shocks of corn , but he may distrain a stack dammage feasant . but in this case it is not shewn how long it remained on the ground , and therefore it doth not appear that he was damnified . and so after the tithe is clearly set out , the parson may by the statute have an action of trespass , if any take them away ; but if only a meer stranger set out the tithe , that settles no property in the parson , so as that he cannot have any action for the taking thereof away a . ( . ) it seem'd clear to noy , that if two persons have portions of tithes by halves in one parish , the stat. of ed. . that appoints tithes to be set out , doth not in that case oblige the parishioner to divide the tithes by halves , and to set out their parts singly ; but the parishioner ought only to set out the tenth , insomuch that if the tithe be of one lamb , the parishioner cannot divide it b . and it hath been adjudg'd , that the parishioner is not bound to divide the tithe into moities , but the parsons shall divide it between themselves c . ( . ) noy surmized against a libel for tithe-sheaves , that the parishioners are at the charges to bind the corn in sheaves , and for the better dividing thereof they use to make it up into sheaves : and when it is made into shocks , they put thereof into a stack for the tithes . and for that the parishioners have been at this pains , they have used to be discharged of tithes for the odd sheaves , when they will not make a stack . adjudg'd a good custome : and a prohibition was granted , because the parishioners therein do more than of common right they are obliged unto d . ( . ) the case touching tithe of glebe-land , reported ( as aforesaid ) by leonard to be between stile and miller , is the same with that reported by owen to be between stile and miles , misprinted : but the case was this ; stile parson did suggest , that the land was parcel of the glebe of the parsonage , and that the said stile did lett the said glebe , being twenty four acres to miles for years , rendring thirteen shillings four pence rent : and in a prohibit on the case was , if tithes were to be paid . and wray said , that although it was parcel of the glebe , yet when it was leased out tithes ought to be paid without question : but there may be a doubt where the rent is reserved to the true value of the land ; but here the rent is of small value , wherefore tithes shall be paid also . and the reservation of the rent was pro omnibus exactionibus & demandis ; yet the justices took no regard of these words . but godfrey said , that those words would discharge him : but wray on the contrary , for that this tithe is not issuing out of the land , but is a thing collateral ; and if a parson do release to his parishioners all demands in the land , yet tithes are not thereby released , for such general words will not extend to such a special matter e . ( . ) a. parson of b. in consideration of l. paid by c. one of his parishioners , did accord and agree with him , that he and his assigns should be discharged of tithes during the time that he should be parson . c. made a lease to d. — a. did libel against him for tithes , and d. pray'd a prohibition upon the said contract . and if this were sufficient matter for a prohibition , was the question , because it was by word only , and without writing , which amounts only to a cause of action upon a promise for c. but no action for his lessees : neither can this amount to a release of tithes ; for as tithes cannot be leased without deed , so they cannot be released or discharged without deed. gawdy justice , tithes cannot be discharged without deed , unless by way of contract for a sum of money , and he cited the h. . . fenner , for that year in which the discharge was made , it was good by way of discharge without deed , because the parson for that year had as it were an interest , but such discharge can have no continuance for another year , for default of a deed : and so a promise being no discharge , it is no cause of a prohibition . but gawdy held as afore . and the court ( popham succeeding wray chief justice , upon his death ) held , that the agreement being by parol , was not good : and fenner then said , that without writing the agreement could not be good between the parties , but for one year . and the court awarded a consultation . but upon search made no judgment was entered in the roll f . ( . ) note , that in layton's case it was said by the court , that a parson may sue pro modo decimandi in the ecclesiastical court. as if a parishioner will not put his tithes into cocks , when he ought by the custome so to do . but then the suit ought to be special for not putting it in cocks , and not generally for not setting forth the tithe g . ( . ) it was likewise agreed by the court in clark's case against pro●se , that the ecclesiastical court may take cognizance of a modus decimandi : the case was this ; clark a parson sued prowse , one of his parishioners per mod . decimandi in the ecclesiastical court , and alledged a custome in his bill ( so called in the report ) to have two shillings of the pound for every house and shop in the town : and upon that suit the defendant there answered to the custome , quod non credit esse vera . and so to have here a prohibition it was alledged , that the defendant was a butcher , that set open stall in the market only to fell flesh there , and that he had not any other shop or house . and it was agreed by the court , that a parson may sue per mod . decimandi in the ecclesiastical court : but if it be denied , the chief justice as also jones said , that in that case they could proceed no further ; because they cannot try matters of prescription there , and if they proceed , a prohibition : but in this case the prohibition was denied , because doderidge said , that for the reasons supra , power is given to the spiritual court to examine that matter ; because it is not a denial of the prescription , but it ought to be by allegation b . ( . ) it was said in catesby's case , that if a copyholder of the kings mannor pretendeth prescription for a modus decimandi against the parson , the right of tithes shall be tried in the exchequer , and a prohibition was granted to the ecclesiastical court in this case c . ( . ) in pool's case against reynold , prescription to have deer out of a park in discharge of all tithes , and after the park is disparked : p. brought a prohibition against r. the surmise was , that de temps d'ont memory , &c. within the parish of c. there was a rectory appropriate , and the chappel of s. annexed therewith . et una vicaria perpetua ejusdem ecclesiae de c. dotat . and whereas the said p. ●or six years last past had occupied one house , acres of land , of meadow , of pasture , called shute-park within the said parish of c. which said tenements were anciently a park , and now disparked , &c. and converted into the said house , acres , &c. and that all the occupiers of the said park de temps d'ont memorie , until the disparking had paid to the vicar there , one buck of the summer-season , and one doe of the winter-season , &c. in discharge of all tithes of the said park , until the disparking ; and after the disparking in discharge of all tithes of the said tenements , which they had accepted for all the time aforesaid , until the disparking and after , or otherwise agreed with the vicar for them : and traversed this prescription , and found for the plaintiff . in arrest of judgment it was moved by henden , that this prescription extends to the land quatenus it is a park , and that being destroyed , the prescription is gone , &c. and if it be to be paid or delivered out of the park , then it is determined . lutterel's case , coke lib. . also this prescription is against the benefit of the church , and shall not be enlarged ; and the wood which is sold out of the park , shall not be discharged conyer's case in c. b. prescription , that the parson had two acres of meadow given in discharge of all tithes of hay-ground , viz. of all the meadow in the parish , if any arable land be converted into meadow , it extends not to discharge that . lutterel's case , coke lib. . fo . ● . that an alteration in prejudice to the parson determines the prescription . terringham's case , lib. . he which hath common purchased part of the land , all is extinct , for it is his own act : but vide the principal case in that of lutterel adjudged , that building of new mills in the same place , and converting of fulling-mills into corn-mills , alter not the prescription : and he cited a cause which was in this court argued at barr , and afterwards at bench , between cooper and andrews , mich. jac. rot. . for the park of cowhurst . vid. e. . fitz. avowry . e. . fitz. annuity . e. . . e. . . but this case was adjudged for the plaintiff , quod stet prohibitio : and that which is by the name of park is for the land , and is annexed to the land by the name of park ; if the prescription had been to pay a buck or a doe out of the park , then it would alter the case : but it is general , and had been paid also after the park disparked . and the case of cooper and andrews , was a shoulder of every third deer that was killed in the park , and two shillings in money , and that case was never adjudged d . ( . ) v. brought trespass against t. clerk , vicar of a. for taking bona & catalla , and count for the taking of two carectac . glaci , anglicè wood : and upon not guilty pleaded , the jury gave this special verdict , viz. for the moity of a load of wood , si videbitur curiae quod decimae glaci ne sunt minutae decimae , then the defendant not guilty ; but si sunt minutae decimae , then he is guilty . this case was argued at barr by bridgman and henden serjeants : and the court vnement agreed , that for ought that here appears , this verdict being found without any circumstance , that this wood shall be taken to be minutae decimae . it was agreed by henden , that if it had been found wood growing in a garden , then minutae decimae . and it was agreed by the court , that it might have been so found , that it should be majores decimae , and praedial ; as if all the profits of the parsonage consist of such tithes . and so of other things , which in their own nature are minutae , may become majores , if all the profit of the parish consist therein : as in some countries , a great part of the land within the parish is hemp , or lime , or h●ps ; there they are great tithes , and so it may be of wool and lambs . pasch . jac. b. r. in beddingfield's case , farmer to the dean and chapter of norwich , who had the parsonage impropriate , and had used to have tithes of grain and hay , and the vicar had the small tithes : and a field of acres was planted with saffron : and it was adjudged , that the tithes thereof belong to the vicar . there was a case in this court , as it was vouched by henden , jac. between potman a knight and another : and the question was for hops in kent , and adjudged that they were great tithes ; but as for hops in orchards or gardens , these were resolved to belong to the vicar ●s small tithes . there was a case in this court for tithe of weild , which is used for dying , and that was in kent , and it was sown with the corn , and after the corn is reaped , the next year without any other manurance , the said land brings forth and produces weild : and that was a special verdict , whether the vicar shall have the tithe of it , or the parson ; but one of the parties died before any judgment . and if tobacco be planted here , yet the tithes thereof are minutae decimae : and all these new things , viz. saffron , hops , weild , &c. if it doth not appear by material circumstances to the contrary , shall be taken as minutae decimae : and so this case was adjudged for the defendant e . ( . ) in the case of a prohibition , in case of a libel in the ecclesiastical court for the tithes of cattels ; the plaintiff alledged that those cattel , of which tithes were demanded , are for his dairy , and for the plough ; and winch being only present said , that the parson shall not have tithes of such cattel ; but if he breed up cattel to sell it is otherwise . secondly , the plaintiff in the prohibition alledged , that time beyond memory the parishioners had paid a hal●●●●or the tithe of a calf , and a peny for a cow ; and that upon a day limited they use to bring this to the church , and to pay this to the vicar ; and now the vicar had libelled in the ecclesiastical court against them , to compel them to bring it home to his hous● : and winch said , that this is no occasion of a prohibition , for they agree in the m●dus , but vary in the place of payment , and this is not matter of substance , and for that reason no prohibition will lie f . ( . ) b. brought a prohibition against c. and alledged , that the dean and chapter of d. was seized of the mannor , and the defendant being vic●r sued in the ecclesiastical court to have tithes , and shewed , that time beyond memory , &c. they had held that discharged of tithes for them and their tenants , and that they lett that to the plaintiff . and it was moved by henden serjeant , that the dean and chapter are a body politick and temporal , which are not capable of this prescription in non decimando , coke . the bishop of winchester's case . hobart said , that the dean and chapter are a body spiritual , and are annexed to the bishop throughout all england ; and if the bishop is capable of that , as it is plain he is , then the dean and chapter is also capable of that , which was granted by hutton : but winch doubted , for he said , that he-may be a lay-man , and for that the plaintiff ought to averr , that he is a spiritual person : hutton confessed , that the dean may be a lay-man , as was the dean of durham by special license and dispensation of the king ; but that is rare , and a special case , and is not common , and general , and therefore not to be brought as an example , which was also granted by hobart chief justice , and upon that day was given over to the defendant to shew cause wherefore the prohibition shall not be granted g . ( . ) a. libelled against w. in the ecclesiastical court for the herb●ge-tithe of young cattel , s●il . for a peny for every one . and hitcham moved for a prohibition : and said , that he ought not to have tithes , if they are young beasts brought up for the cart or plough . and so it hath been adjudged : as it a parson prescribe to have tithes for hedgingstuff , he cannot , because that preserves the land out of which he had tithes ; and then a parson libels for tithes of an orchard , for that it was a young orchard ; and the custome of the place was , to pay d. for an orchard . hitcham said , there is not any such difference between old and new orchards , for i● the custome be that he shall pay d. for every orchard , it will reach to the new orchard . and then he libels for a hearth-peny , for the wood burnt in his house . hutten said , the hearth-peny is more doubtful ; for it is a custome in the north parts to give an hearth-peny for estovers burnt ; for which he prescribes to be free of every thing which comes to the fire . and in some parts by the custome they had pasturage for the tenth beast , or the tenth part of the gains , which is barren for the time . but he and yelverton , who only were present , that no tithes are due for them without custome . hitcham , they also will have tithes for a thing before it comes to perfection , which would be tithable afterwards : but i agree , if he fells them before they come to perfection , then the parson shall have tithes but by hutton and yelverton , there may be a custome to have every year a peny for them . sed adjournatur , &c. h . ( . ) a. libels in the ecclesiastical court for tithes of fis● , which is due meerly by custome ; and the defendant pleads , that time out of mind , &c. they have paid no tithes of that . and henden serjeant moved for a prohibition . and richardson replied and said , it is meerly a customary tithe , as rabbits , &c. whereof no tithes are due by the law of the land , and a prohibition shall not be granted . but all the other justices affirmed , that there shall be a prohibition granted , because that the custome ought to be tried at the common law , and they make a difference between modus de●imandi , which is also customary , and where there is a tithe precedent due , and that modus converts it into another duty : there no prohibition shall be granted ; but it shall be tried in the ecclesiastical court , whether there be such a modus decimandi or not ; and that case in the custome makes the duty it self . but if he alledged the modus to be for two pence , and the parson for three pence , it shall be tried by the common law. and they said , that so was the opinion in the grand case of lead-ore . and hutton said , that so it was determined in the case of one berry , for tithes of lime-kil●s , which are as minerals , and are not tithable by the common law. but when the custome is tried , then they in the ecclesiastical court may proceed upon it i . ( . ) a parson libells in the ecclesiastical court for tithes of pidgeons and acorns : and the defendant prayed a prohibition ; because the pidgeons were spent in his own house , and the acorns dropt from the tree , and his hoggs eat them . and it was said by the court , acorns are tithable rep. . but then they ought to be gathered and also sold . and a prohibition was clearly granted k . ( . ) b. farmer of a portion of tithes for five years , without deed , demises a farm which he had in the same parish to f. for years ; and afterwards he libells against him in the ecclesiastical court for the tithe of that farm. and f. said , he was not farmer . and henden prays a prohibition for that , ( ) that the lease for tithes is without deed : but he may be discharged of his own tithes without deed , as was adjudged before in this court. ( . ) the lessee is not to pay tithes for the farm ; for although the parson makes a lease of the gl●be for years , he paid tithes : but if a lay-man who had the impropriation leases the gl●be , the lessee does not pay tithes . but the court denied the case of the lease of the parsonage impropriate ; and said , that the case of perkins and hinde was adjudged to the contrary in that very point . and also if he purchase other lands in the parish ( which are discharged of tithes in his hands ) and he demises them , yet the lessee pays him tithes . and the opinion of the court was , if one contract with the parson for discharge of the tithes of his lands for years , and demises his lands to another ; yet he shall not have tithes , but the discharge runs with the land. but if one take a lease of his tithes by deed , and makes a demise of his land , he hath tithes of the lessee . and the direction was , that the lessee of the farm ought to shew expresly in the ecclesiastical court , that the farmer had not a lease by deed : and a prohibition was granted . and it shall be admitted , that the words of the libel being firmator , conductor , & occupator was good l . ( . ) w. against s. in a prohibition , in which s. libels for tithes of hay . and w. suggests for a prohibition , that he used to pay the tithe for hay inspecie , in consideration whereof he used to be discharged of all doles , green-skips , and headlands , not exceeding the breadth that a plough or a team might turn about the lands . and henden moved for a consultation ; for that it is said , about , &c. that is , circa terras arabiles , when the truth is , there are skips at the side of lands , as broad as the lands themselves ; and then he would be discharged of them also , whereas it ought to be at the end of the headlands only . richardson said , that in arable lands inclosed , pasture is at the end and at the sides , which is mowed , and yet discharged of tithes . but the court in respect there was a prohibition granted , said , that he ought to joyn issue or demurr upon the declaration m . ( . ) the earl of d. had a mannor in the parish of c. which extended to l. where there is a chappel of ease ; and the vicar of c. libels for tithes in the ecclesiastical court , against one of the tenants of the mannor . and henden moved for a prohibition , for that that the earl prescribed , that he and all his tenants should be acquitted of all the tithes of land within l. paying s. per ann . to the chaplain of l. and he said , that such a prescription is good , as it was adjudged in bowles case . and a prohibition was granted n . ( . ) in comin's case it was agreed by the court , that a forest in the hands of a subject shall pay tithes ; and it was agreed , that in the hands of the king it is priviledged . and by henden , davenport , and atthowe serjeants , it is only his personal priviledge , which extends to the lessee of the king , but not to the feossee . and it was agreed , that where the right of tithes comes in question between a parson and the vicar , who are both ecclesiastical persons , it shall be tried by the ecclesiastical court. but richardson said , the books make a doubt , where it is between the servant of the vicar and the parson . but it seemed to him to be all one o . ( . ) n. and d. plaintiffs against h. vicar of s. in a prohibition : the 〈◊〉 was for wood employed in hedging , and for fire-wood : issue was joyned , that there was in the parish a great quantity of land inclosed ; and that they used to take wood for hedge-boot and fire-boot , and they were discharged of tithes , in consideration that he paid tithes in kind of hay and corn , &c. and it was found for the defendant . crawley moved , that a consultation cannot be granted , for that that they ought to be acquitted of tithes for those of common right , and for that although prescription was alledged , it is nothing to the purpose . atthowe , for fire-wood it was proved that tithes alwaies was paid . richardson , there is no doubt but the discharge also ought to be by custome , and to be grounded upon modus decimandi . yelverton and crook otherwise , that it is not upon modus decimandi , but by the common law ; and the reason is , for that that when a man is owner of arable land , and he pay tithe-milk and corn , and for that they are discharged of things consumed in the house , which are to make masters and servants fit to manure the land , &c. richardson said , it is seen that it shall alwaies be discharged , in consideration it is alledged , how a small consideration will serve . crook , it is not modus decimandi , but the discharge is for that , that the parson hath by them a benefit , for he had by them better means of tithes . hutton , if a man had a house of husbandry , and demises all the land but the house , he shall pay tithes for them absumpt in the house . crook , not. no profit is made by them to the party ; but the parson had a benefit by him . and a day was given to search presidents p . ( . ) a parson libels for the tithes of young cattel preserved for the cart , and the question was , whether in such cases a custome ought to be surmized . . and crook , f. n. b. is , that of right tithes shall not be paid for such things . richardson , in all such cases the parson ought not to have tithes , if there be not a custome alledged , by which the parson had any thing , or recompence , or by which his other tithe is better . and he said , that he had searched the books , and the book of entries ; and there is not any such case , but some surmize is made , as for that , that he had tithe of corn in specie where the land is enclosed ; and so the corn better . hutton , it ought to be tried , whether the thing in his nature be ti●hable , or any usage to discharge it or not , as the cattel are in their nature tithable , then you cannot prohibit it ; but the usage ought to be surmized so : and it may be law , as the parson had better tithes . harvey , if a libel be for tithes of hedging and fencing , there a surmize ought to be made to discharge that . but when it is for tithes of heifers , which in apparency ought to be spared by the law of the land , otherwise it is , &c. richardson , for the herbage of those heifers tithe is due by the ecclesiastical law ; and we never can take tithe of them without express custome or other recompence . harvey , there was a case , jac. c. b. a pa●son sues for the herbage of horses , and the parishioner alledged , that he kept them for the carrying of coals ; there he ought to surmize something to be discharged : and if he alledge , that he kept them in his house for serving of husbandry , the other may alledge , that he kept them to carry coals , and the allegation is traversable . richardson , there was a case , where the question was , a husbandman keeps a horse to ride up and down about his business , whether he shall pay tithe for the herbage of him , and a prohibition was in that case granted ; but a surmize ought to be made . crook said , that in the kings bench he had twenty times seen a prohibition granted in such cases , without any surmize . and a libel is for dry cattel ; if it be alledged , that they are kept for the plough , the other may alledge , that he keeps them to sell , without that , that he keeps them for the plough . and before there is any profit of them , it is not reason that they should be tithable , and the parson shall have the benefit for them after . and for hedging it is lex terrae , that he shall pay no tithes . richardson , it is lex terrae ne consuetudo loci facit legem terrae . and if he had used to pay tithes for the cattel or for hedging , he ought not to pay that still : if an ignorant man will pay tithes for those things , and after upon a libel a prohibition is granted ; if the other does not alledge a custome , the prohibition shall stand : or if they alledge a custome , which is ●ound against him , no consultation shall be granted . and for a garden-peny , the reason of that is apparent : for otherwise tithes shall be paid in specie : and so for hearth-peny , if he had alwaies paid it , it ought to be paid . hutton , if a man had an ancient garden for which he paid a peny , and that is enlarged , of that enlargement tithes ought to be paid in specie q . ( . ) a. libels against b. in the ecclesiastical court for the tithes of two pecks of apples , and for feeding the cattel upon the ground . the defendant for the apples answered , that there were two pecks only growing in his orchard , and that they were stoln , and never came to his use ; and for the cattel , that they were ancient milch-beasts , and that they growing old were dry : and that for a month they depastured with other heifers , and that after they put them in a meadow , out of which the hay was carried ; and afterwards he fed them with hay in his house . atthowe , because that the answer was not admitted , prayed a prohibition . hutton , if apples are upon the trees , and taken by a stranger , shall the parson be hindered of his tithe ? yelverton , if i suffer one to pull my apples the parson shall have tithes ; but if they be taken by persons not known , the parson shall not have tithes of them ; which was granted : for they are not tithable before plucking ; and for that , if he suffer them to hang so long by negligence , after the time , that they are imbelized , by yelverton he shall pay tithes . for the second matter it was agreed by the court , and for the depasturing in the meadow , and for the hay with which they were fed afterwards , tithe shall not be paid , because that the parson had tithes of them before . but if the question be for the tithes when they went with the other heifers , by crook , that is no cause to excuse the tithe . harvey , if i have ten milch-kine , which i purpose to reserve for calves , and they are dry , the parson shall not have tithe for their pasture ; but if i sell them , by which it appears i kept them for fatting , there tithes shall be paid . and hutton agreed , that although there was so small a time , that they went with the heifers , yet tithes shall be paid for their pasture during that time r . ( . ) in walsingham and stone 's case it was said by hutton , that a parishioner compounding for his tithes for his life was not good without deed. and it was said by yelverton , that the use in the kings bench is , that if a defendant in a prohibition dies , his executors may proceed in the ecclesiastical court ; and it may be a rule for the judges in that court to proceed also . and then the plaintiff may , if he will , have a new prohibition against the executors , &c. ( . ) in norton's case fin●h recorder said , de communi jure for estovers burnt in an house tithes ought not to be paid ; by the common law there was not any tithes paid for wood : and although the statute of e. . gives a prohibition for timber , yet vnder-woods were discharged of tithes . vid. dr & stud. . it is express that estovers are not tithable , because they are not renewing every year , and it is parcel of the inheritance , for to destroy all the underwoods is waste , &c. dawley's case was resolved for the wild of sussex : and mich. jac. b. r. in the case of porter and dyke for the wild of kent of the same prescription , resolved to be good ; and so is the common experience , that a whole county may prescribe so . and the reason is , for that by the common law it was not due ; but by the constitution of winchelsey , lindwood . it was ordained to be paid ; for then the prelates imputed a great pestilence that then was , for the negligence of paying tithes , and appointed tithes of wood. and the commons were desirous to have the statute of sylva , &c. otherwise explained than the clergy declares it ; for they say , that they ought not to pay tithes of any wood that is of the growth of ten years . hutton , wood is tithable in their nature , and then there may be a custome to discharge them . and the case of hearthpeny cannot be answered ; for if he sues for the peny , a prohibition shall not be granted , quod concessum fuit per crook & yelverton . but of things not tithable , tithes of them cannot be sued without alledging a custome . crook , it is known that hearthpeny is good by prescription : this case is when there is not land belonging to the house , so that the parson is not answered for his tithes another way . but when there are ten servants kept for the maintaining it , then by the law of the land it appears that tithes ought not to be paid ; although custome had been alledged it is nothing to the purpose , as if a custome be alledged to pay d. for every acre in discharge of tithes , and the verdict find d. no consultation shall be granted . hutton , the herbage of barren cattel is tithable , because there is a custome which discharges those that are for the cart. and he said , that the custome only makes that legem terrae . and he cited dr. grauut's case : he libels for tithes of a house , and the party brought a prohibition , and alledged modum decimandi , &c. and it was alledged in arrest of judgment , that houses were not tithable de communi jure , and yet a consultation was granted , &c. s . ( . ) a case between stone and walsingham having been formerly in the court touching tithes , the case was again moved in court , which was that they agreed de anno in annum so long as the one should be parson , and the other parishioner , si ambabus partibus tam diu placuerit , he should retain his tithes for s. d. per an. and richardson justice said , and it was not denied , that the suggestion is naught for the uncertainty of it ; and a prohibition cannot be granted upon that . for the words de ann● in annum make an estate for a year ; ▪ and the next words make an estate for life ; and the last words , but an estate at will : and what shall be traversed here ? it appears , that for years it is good without deed , but not for life ; and if it be but at will , when the other demands his tithes , the will is determined . but at another day the suggestion was made , that he made several agreements with his parishioner , that he pay s. d. for his tithes for four years . and then a prohibition was granted . harvey , sufficit , if an agreement be proved for these four years t . ( . ) s●●t moved for a prohibition , that whereas he had twenty acres of wheat , and had set out the tenth part for tithe , the defendant pretending that there was a custome of tithing , that the owner should have fifty four sheaves , and the parson five , and so he sued for tithes , for that there was no such custome : and the court said , that the modus decimandi must be sued for as well in the ecclesiastical court as for the tithe it self : and if it be allowed between the parties , they shall proceed there ; but if the custome be denied , it must be tried at the common law : for if it be found for a custome , consultation must be granted ; if not , then the prohibition is to stand u . ( . ) napper against steward ; the parson had a prohibition against divers of his parishioners that libelled in the ecclesiastical court , to make proof by witness of divers manner of tithing in perpetuam rei memoriam w . ( . ) a prohibition for h. against e. farmer of the rectory of s. and prescribed , that all tenants and occupiers of meadow had used to cut the grass , and to straw it abroad called tetting , and then gathered into wind-rows , and then put it into grass-co●ks in equal parts without any fraud , to set out the tenth-cock great and small to the parson , in full satisfaction as well of the first as of the latter math : upon traverse of the custome it was ●ound for the plaintiff ; and exception was taken , that the custome was void , because it imports no more than what every owner ought to do , and so no recompence for the two maths : but the court gave judgment ●or the plaintiff ; for dismes naturally are but the tenth of the revenue of any ground , and not of any labour or industry : where it may be divided as in gross , it may , though not in corn ; and in divers places they s●t out the tenth acre of wood standing , and so of grass : and the jury having found his form of tithing there , it is sufficient : and the like judgment upon the like custome was in the kings bench. pasch . jac. rot. , or . inter hall & symonds r . ( . ) in johnson's case , if a prohibition be granted upon matter at common law , as upon a personal agreement between parson and parishioner for his tithes , and not upon matter within the stat. of e. . . the suggestion shall not be proved within the six months as the statute limits ; and as it is agreed by the whole court y . ( . ) the defendant here in the prohibition libels for tithes of hay in the ecclesiastical court. the plaintiff suggests , that the hay was growing upon greenskips , deals , and headlands , and that there is a custome , that the parishioners in a meadow there used to make the tithe-hay for the parson , and in consideration of that to be discharged of all tithes of hay growing ut supra ; and also that for the hay of the land , no tithe ought to be paid of such hay , but does not averr , that that hay was growing upon greenskips , &c. and an exception was taken by henden : ( . ) that the exception is double ; the custome , and the common law : and by yelverton , that is not material ; for you may have twenty suggestions to maintain the suggestion of the court : but richardson was against that , that a suggestion might be double here , for the suggestion of the common law is a surplusage : as in farmer and norwich's case here lately , one prescribes to be discharged of tithes , where the law discharged him , and so was discharged by the common law. second exception is , that he doth not apply the custome to himself in the suggestion ; for he that lays the custome , does not shew that the hay grew upon the skips , upon which a plough might turn it self : and for this cause by the whole court the suggestion is naught . and here richardson moved , how that two should joyn in a prohibition . yelverton , if they are joyned in the libel , they may joyn in the prohibition , and that is the common practice of the kings bench. richardson , the wrong to one in the ecclesiastical court by the suit , cannot be a wrong to the other . hutton , they may joyn in the writ , but they ought to sever in the declaration , to which harvey agreed . yelverton , the prohibition is the suit of the king , and he joyns tant . as in a writ . richardson , but it is as the suit of the party is , and if any joyn here , i think good cause of a consultation . it is against the profit of the court to suffer many to joyn . and it is usual in the case of customes of a parish in debate to order proceedings in the two prohibitions , and that to bind all the parish and parson . and it was said by them all , that the consideration of making hay is a good discharge , because it is more than they are bound to do z . ( . ) f. sued v. for tithes of hay , which was upon land that was heath-ground , and for tithes of pidgeons . and by richardson , if it was meer waste-ground , and yield nothing , it is excused by the statute of payment of tithes for seven years : but if sheep were kept upon it , or if it yield any profit , which yield tithes , then tithe ought to be paid : as the case in dyer . and for the pidgeons , which were consumed in the house of the owner , he said , and for fish in a pond , conies , deer , it is clear that no tithes of them ought to be paid of right ; wherefore then of pidgeons ? quod nemo dedixit . and a day was given to shew cause wherefore a prohibition should not be granted . and the court agreed , that it was felony to take pidgeons out of a dove-house . and afterwards a prohibition was granted , but principally , that the pidgeons were spent by the owner . but by henden , they shall be tithable , if they be sold a . ( . ) p. the vicar of eaton in the county of oxon , sues c. the parson impropriate in the ecclesiastical court in oxford pro minutis decimis . c. sues a prohibition against the vicar upon a surmize of a prescription . p. comes and pleads the first endowment made an. dom. . by which the minute tithes were allotted to the vicar : c. demurrs ; and adjudged for the plaintiff , for the parson cannot prescribe against the first endowment b . ( . ) in debt upon the stat. of e. . for not setting out of tithes , the plaintiff declares , that the defendant was seized of the lands in question within that parish , and that the tithes did belong to the parson and vicar ( viz. ) two parts to the parson , and the third part to the vicar , or their farmers , payable in specie for years last past , that the plaintiff was farmer proprietary of the tithes to the parson and vicar spectant , and shews the value of the tithes due , and demands the treble value ; the ●●●ndant pleads ni●il debet per patr . and it was found for the 〈◊〉 . it was now moved in arrest of judgment , because the plaintiff ought to have brought two actions , as the parson and the vicar ought for their several parts : but resolved , that the action is well brought ; for it is a personal and one entire debt for one wrong c . ( . ) bott sues a prohibition against sir edward b. and suggests that the defendant is parson impropriate of w. and that time out of mind there hath been a curate of an incumbent by the appointment of the said rector , who administred the sacraments , &c. and that the custome of that parish time out of , &c. was , that the curate should have 〈◊〉 tenths renewing within that parish , except decimas gra●●●●m , which were paid to the parson , and that every parishioner who had so paid the tenths to the curate , was discharged against the parson . and that notwithstanding that , &c. sir edward b. had sued him &c. and now he prays a prohibition , and had it ; but after that surmize was adjudged insufficient , without argument by the court , and a consultation granted , for such curate cannot prescribe against his master , that may remove him at his pleasure : and for that reason it was not a good prescription for the parishioners d . ( . ) goodwin being vicar sues in the ecclesiastical court the dean and chapter of wells , b●ing parson of a church , for a pension , and they pray a prohibition● and it was denied : for that pension is a spiritual thing , for which the vicar may sue in the spiritual court. note , that they entitle themselves to that parsonage by a grant of h. . who had it by h. . of dissolutions e . ( . ) it was said by hutton in spencer's case , that by the civil law the parishioner ought to give notice to the parson when the tithes are set forth . but it was adjudged , that the common law doth not so oblige a man f . ( . ) b. by his deed compounds for tithes , and after sues for them in the ecclesiastical court , by popham and gawdy , that an action upon the case lies . vid. e. . mich. jac. the lady waterhouse was sued for the tithes of trees , whereof none were due , &c. there an action upon the case does not lie ; for the parson or person may well be ignorant of what things are due , otherwise he sues against his own knowledge g . ( . ) to have a prohibition the surmize was , that the inhabitants of d. of which he is an inhabitant , have paid un . mod . decimand . &c. and they were at issue ; and he proved only , that he himself had paid it , and yet well : and no consultation ; for every particular is included in the general , and proved by it . and it appears sufficient matter for a prohibition , and to oust a spiritual court of their cognizance . ( ) agreed , that where the statute appoints proof of the surmize to be by two , it is sufficient if two affirm that they have known it to be so , or that the common fame is so h . ( . ) upon a surmize by a parishioner , that he had compounded with the parson for his tithes for one year , and it may be without deed ; by brownlowe , that a prohibition shall be awarded , and that there are divers presidents in this court. but otherwise , if it be for more years , it is not good without deed i . and in skinner's case , it was ruled by the court upon a surmize to have a prohibition , that if it be proved before one of the judges within the six months , although that it be not recorded till after the six months , yet it is well enough ; and good also , although that the proof be in the vacation . [ pasch . eliz. b. r. pottenger against johnson k . ( . ) a parson preferrs his bill for tithes of hasle , holly , willow , whitethorn , &c. a prohibition was moved , because they were of years growth and more : and by the common custome in hampshire , they were used for timber to build and repair their ploughs , and cited cufflye's case against the parson for holly , willows , and maple ; and a prohibition was awarded . and hubbard said , that in cumberland beech was used for timber , and the use of the countrey for scarcity of other trees will alter the case l . the parson libels for tithes of hay , &c. the parson said , that the custome of the parish hath been , that he that hath corn within the parish ought to reap the corn , and also the tithes of the parson , and to make them into cocks , and to preserve them until the parson shall carry them away . and a prohibition was granted ; for although that the parishioners ought de jure to reap the corn , as it was agreed trin. eliz. b. r. yet he is not bound to guard the tithes of the parson , &c. but if the parson does not carry them away in convenient time , an action on the case lies against him . pasch . jac. b. r. rot. . there such an action was brought by wiseman against the rector of landen in essex , for not accepting , &c. of the tithes of cheese m . ( . ) b. brought an action upon the case , that p. sued for tithes , and recovered , because there was nisi testis singularis to prove the payment , when in truth he had paid it before two , but now one was dead ; and by the court resolved , that an action doth not lie , because the cause was meerly spiritual : and for that it differs from e. . . for there the composition was a temporal contract , although it was for tithes n . ( . ) g. moves for a prohibition , and surmizes that the parishioners had compounded with the parson for the tithes ; but yet the due tithes were severed and exposed , and the parson takes and carries them away ; the parishioner meets him and takes them from him . and upon that the parson sues in the ecclesiastical court : and a prohibition was awarded o . ( . ) w. sues p. in the ecclesiastical court for not setting out the tithes of two acres ; p. prays a prohibition , because he had set out the tithes of one acre in specie , and that a party unknown had taken them ; and for the other he suggests a modus decimandi for s. d. and upon that issue is joyned ; and the witnesses said , that for a long time , as they heard say , the occupiers of that farm , whereof that acre , &c. had used to pay annually to the parson three shillings for all tithes ; and agreed by the court , ( ) as to the first , quod prohibitio stet , for after the tithes are severed , if a stranger takes them away , the parson hath his remedy against him at common law , and shall not sue the parishioner in the spiritual court. ( ) it was agreed , that a proof ( by hearsay ) was good enough to maintain the surmize within the statute of ed. . but as to the other acre , popham held , that the modus decimandi is not well proved ; but fenner and yelverton the contrary : for by that appears , the parson is not to have tithes in specie , and for that had not any cause to sue for them in the spiritual court p . ( . ) w. sues p. in the ecclesiastical court for tithes of a dove-house . p. upon suggestion had a prohibition ; but he did not prove his suggestion within the sixth month . w. takes issue upon the sugg●stion , and it is found against him ; and yet he prays costs by the statute of ed. . for failure of proof within the six months . but by the court adjudged , that he shall not have it ; for-●he hath surceased his time , to take advantage of that , and he can never have a consultation . frgo , he shall not have double costs . read the words of the statute q . ( . ) parson preferrs his bill for tithes of corn , and alledges , that time out of mind , &c. in that parish they have used to allot the t●nth-shock ; wher●upon the parishioner suggests , that the parishioners , and all those who have estates , &c. have used only to set out the tenth-sheaf for tithes , and had a prohibition . the parson prays a consultation ; but it was denied . and resolved by the court , that the parson might sue for a modus decimandi in the ecclesiastical court , r. . . a. but if the parishioner deni●s that , they ought to surcease , and a prohibition lies , and that shall be tried at common law u . ( . ) a. libels in the ecclesiastical court for the tithes of pilchards taken in the sea. and now the party had a prohibition ; upon a surmize that the custome there is , that the fisher-boat , hath one moity of the fish , and the fishermen the other moity : and that the owner hath used to pay the tenth of his moity in discharge of all , &c. and it was held by the court to be a good surmize ; for by the common law he cannot have the tithes of fishes taken in the sea , because it is not within any parish ; and then when the parson , by the custome , ought to have the tithes of them , he ought to take them according to the custome . and that the tenth of the moity may be a good discharge of the whole . and the parties went to issue upon the custome in cornwal w . ( . ) by the court ( popham being absent ) it is clear , that an agreement betwixt the parson and one of the parishioners , that he shall have his own tithes for years , it is good enough without deed , but otherwise , if it had been for life . and it is a better way to pl●ad that as an agreement , and not as a lease x . ( . ) a prohibition for a suit in the ecclesiastical court , for tithes of rent in london . it was held by the court , that by h. . cap. . the suit ought to be before the major of london by complaint in writing , and not by word of mouth only , in nature of a monstrans de droit , declaring all the title . and if the suit be in the ecclesiastical court for tithes in london , that court may grant a prohibition ; and yet that court hath not power to meddle with them . ( ) it was resolved , that a reservation by a lessee for life , who leases for years to a. is not sufficient to bind him in reversion , to pay tithes according to that rate . ( ) that a rent for half a year , and afterwards for another half year , is a yearly rent within the meaning of the decree : and note , as the same was last lett , is not intended last before the decree , but before the demand of the tithes y . ( . ) it was found upon a special verdict , that the parson of the parish makes a. collector of tithes , and that a. had licensed a parishioner to carry away his corn without setting ●orth of tithes . by the court clearly , that license is void , vid. e. . . plow . . that a collector of rents cannot make an acquittance and discharge them . and a consultation was awarded z . ( . ) baron and feme lessees of a parsonage , &c. the parishioner sets forth the tithes fraudulently , and presently takes them away again , as it appears upon the evidence . and the husband only brought the action upon ed. . for the treble dammages . and it was resolved , that debt lies for treble dammages upon such a fraudulent setting forth of tithes , although that the clause of treble dammages speaks nothing of fraud . but ( ) it was resolved , that the husband and wife ought to have joyned in the action ; because it is not a thing in possession . and if the husband dies , the wife shall have the dammages , and not the executor of the husband a . ( . ) a prohibition was prayed upon a surmize , that the tithes , for which the suit was , belonged to the vicar , and not to the parson : by the court , that a consultation shall be granted ; for the right of tithes is confessed . and whether they belong to the parson or the vicar , that is meerly spiritual . and that so it was ruled in one bushel's case , the parson of pancras ; and in one milbray's case it was adjudged accordingly b . ( . ) by the court , that a prohibition shall not be granted upon a bare surmize , that he is sued for tithes by the parson of d. of lands in the parish of s. unless it appears in the pleading in the spiritual court : for they there shall not be judges of the bounds of the parish . vid. h. . . e. . . c . ( . ) a prohibition was pray'd upon a suit in the ecclesiastical court for tithes in kind of a park now converted into tillage , upon a surmize de modo decimandi , to pay a buck and a doe for all tithes . and allowed by the court and agr●ed , ( ) although they are ferae naturae , yet they may be given for tithes : so to pay pheasants , &c. ( ) although they are not tithable of themselves , yet they may be given for modus decimandi : as a great tree may be given for tithe of trees tithable . ( ) that that is a discharge of the very soil , and a park is not but a liberty , and the owner may furnish it with game when he please . but after a consultation was granted , because the surmize was not proved within the six months : so adjudged hill. . jac. c. b. the vicar of clare in suffolk , who sued for hops . and there also a prohibition was granted upon such a surmize . but after a consultation was granted in that case : for the modus decimandi was alledged for discharge of tithes of hay and herbage , and not of all tithes , where the libel was for tithes of hops . and coke chief justice vouched one shibden's case , that such a modus decimandi generally for the park is not good , if it be disparked . but it shall be particularly for all acres contained in the park d . ( . ) upon a surmize to have prohibition after sentence at the ecclesiastical court , two judgments were vouch'd upon the statute e. . for not setting forth of tithes . and eliz. b. r. a parishioner privately sets forth his tithes , and takes witness of it ▪ and immediately after he carries them away ; that is not a setting forth within the statute . for the words are b●k●r's case : a parishioner sells his grain upon his land , and after , by the command of the vendee , he takes his corn , being severed , without setting forth of the tithes . that the parson may well have an action against him upon the statute , and shall not be compelled to sue the vendee , who it may be was not known to him . and it is not traversable , if the tithes were set forth according to eliz. it was resolved in trin. jac. b. r. in brickendine's case against denwood e . ( . ) if a vicar hath used by prescription time out of mind , &c. to have all the tithes within the parish ( except corn , which the parson appropriate used to have ) viz. of hay , and also of hops from the time it came into england , which was in the time of h. . and of wo●d ( which is a dying plant ) and moreover rape-seed is sown there in the parish , where never any such seed was sown before , nor in england till of late times , yet the vicar shall have the tithes of that rape-seed , and not the parson appropriate ; for that it is within the prescription although it be a new thing , and therefore could not be prescribed singly ; and for that the parson is excluded of all except the corn f . ( . ) if doubt arise de decimis garbarum , as what shall be intended by garba ; it is said that garba at the common law signifies at this day a sheaf of corn , and the civilians say , garba signifies such a thing as is bound together in one bundle g . ( . ) in the case between reynolls and green it was adjudged by the court , that wood in its own nature is great tithes ; notwithstanding if a vicar be endowed de minutis decimis , and by virtue of the said endowment had of a long time used to have tithe of wood not exceeding the yearly value of s. d. the usage of wood shall pass by the words de minutis decimis in that case , by reason of the small value thereof h . ( . ) where a parson had two parts of the tithes , and the vicar of the same place had the third , and they by several leases had demised the tithes to one : in this case the whole court ( except justice fenner ) held , that although the parson and vicar could not joyn in this case in a suit of tithes , because they claim them severally by divided rights , yet when both their tithes are conjoyned in one person , viz. the lessee , then the interest of their title is conjoyned also in one ( who made but one action for the whole tithes in that case ) yet it was agreed by all the judges , that the plaintiff-lessee should recover his tithes in dammages , and shall not demand them again in any suit , after a recovery in this action i . ( . ) it was agreed by the whole court of kings bench , mich. jac. and hath many times been ruled , that if a man sell his tithes for years by word , it is good ; but if the parson agree , that one shall have his tithes for seven years by word , it is not good , by the opinion of flemming chief justice , because i● amounts to a lease : and he held strongly , that tithes cannot be leased for years without a deed. ( . ) upon the statute of ed. . cap. . ●or setting out of tithes , in a prohibition to stay proceedings by a parson in a suit in the ecclesiastical court against one of his parish , for hindering of him in his way in the carriage of his tithes . the whole court agreed in this , that if a parson hath his usual way stop'd , that so he cannot come to take away his tithes being set out for him , he may well sue for this in the ecclesiastical court , and there have his remedy . but if the question be whether the parson be of right to have a way ( viz. ) one way or another , this is triable by the common law , and not in the ecclesiastical court ; but if the parson have a certain way granted to him , and set out by the common law , if he be at any time disturbed or hindered by any of his parishioners , or by any other in the use of this his way , he may then in such case well sue in the ecclesiastical court for his remedy . and the words of the statute of ed. . cap. . are , that if any parson be disturbed , stopped , or hindered in the carrying away of his tithes , so that the tithe comes to be lost , hurt , or impaired ; in this case he may sue in the ecclesiastical court for his remedy , and upon due proof there made thereof , he shall recover double value of the tithe so taken or lost , besides his cost and charges of suit. but because in this principal case , the parson sued in the ecclesiastical court for the right of his way , whether he was to have that way or not , which belonged properly to the common law , and not triable there in the ecclesiastical court ; for this cause the court granted a prohibition to stay their proceedings in the ecclesiastical court. a abby-lands were five waies priviledged or discharged of tithes , viz. by composition , bull or canon , order , prescription , and unity of possession of parsonage and land time out of mind , together without payment of tithes a . it is supposed , that no land which belonged to abbots , priors , &c. is at this day discharged of tithes , but such as came to the crown by the statute of h. . c. . all monasteries under two hundred pounds per a● . were to be dissolved by the statute of h. . but those of l. per ann. or upwards , not till the of h. . the unity aforesaid , or perpetual unity is , where the abbot , prior , &c. time out of mind have been seized of the lands out of which the tithes arise , and also of the rectory of the parish in which the lands lie . which unity ( as to a discharge of tithes ) must have these four properties , ( ) it must be justa as to the title : ( ) perpetua , or time out of mind : ( ) aequalis , that is , a fee-simple both of the lands and rectory : ( ) libera , or free from the payment of all manner of tithes whatsoever b . in a case where an abbot held a p●rsonage impropriate , which was discharged of tithes , and had purchased lands , so that the tithes were suspended in the hands of the abbot ; and afterwards the possessions of the abbot coming to the king by the statute of h. . the question was , whether the lands so purchased by the abbot before his surrender to the king , were discharged of the tithes ? it was the opinion of mr. plowden in that case , that they were not discharged ; for that no lands were discharged , but such as were lawfully discharged by right composition , or other lawful thing ; and in the said case the lands were not discharged in right , but suspended only during the time that they were in the abbots hands c . acorns or mast of oak shall pay tithe , for they are of annual increase , as in lifo●d's case d . these acorns or mast are known in the law by the word [ pannagium : ] so lindwood , pannagium est pastur . porcorum in nemoribus & sylvis , ut puta de glandibus , & aliis fruct●bus arb●rum sylvestrium , quarum fructus aliter non solent colligi . lindw . de decim . c. sancta ecclesia , verb. pannagiis . and mr. skene de verb sign . defines this to be a duty given to the king for the pasturage of swine in his forrests : also pannagium is taken for the money which is paid for the pannage it self , as appears by the statute of charta de foresta , cap. . vnusque liber homo , &c. e . aftermoath or second moath : of this tithes shall be paid de jure , unless there be a special prescription of discharge by paying the tithes out of the first moath , and then it shall be discharged f . but if a man pay tithe-hay , no tithes ought to be paid d● jure afterwards for the pasture of the same land for the same year , for he shall not pay tithes twice in one year for the same thing , for that the after-pasture is but the reliques of hay , whereof he had paid tithes before g . nor shall tithes be paid for agistments in such after-grass h . in johnson and awberie's case it was resolved , that tithes are not to be paid for the after-pasture of land , nor for rakings of corn i . and where in awberies case , suit was in the ecclesiastical court for the tithe of the after-mowings of grass , an● upon a surmize , that the occupiers of the land had used to make the first cutting of the grass into cocks for hay , and to pay the tenth cock thereof in satisfaction of the first and after-mowings , a prohibition was awarded k . so that after-grass , or after-pasture , or aftermoath do not pay tithes , where they have paid before of the grass of the same ground the same year , save where by covin to defraud the parson , more grass is left standing than was wont to be , or is there usual ; nor is the herbage of cattel , which eat up that grass , tithable , unless there be some fraud in the case l . notwithstanding the premisses , although the aftermoath be not tithable , where the owner at his own costs , charges and labour , made the first grass into hay ; yet q. whether it may not be otherwise , where the owner doth no more than cut down the grass of the first moath ? m . agistment , that is , a taking into grass the cattel of strangers within the parish where the grass grows ; this is tithable , and regularly by the owner or tenants of the land , not of the cattel , unless the custome makes it tithable by the stranger n . heretofore there was not any tithe paid for this agistment o ; but now the law is taken to be otherwise p : and is ( as aforesaid ) to be paid by the owner , not of the cattel , but of the land q . under this notion of agistment is also comprehended the depasturage of barren cattel , whereof comes no profit to the parson , the quota of which tithes is regulated by the annual value of the land , the number of the cattel , or the time of the pasturing , according to the usage and custome of the place ; yea , though the cattel be bred for the plough or pail , to be employed out of the parish where they are agisted , and by one that is no inhabitant within the parish , tithes shall be paid for the agistment of such cattel . but for profitable cattel , as oxen , horses , or beasts of the plough , employed and used in the same parish , no tithes shall be paid for the agistment thereof r : but if cattel or horses be bought , not for any husbandry in the same parish , but to be sold again , tithe shall be paid for the agistment thereof , and a fraudulent employment of them in the parish to defeat the parson of his tithes , will not prevent the same r . a. sued a prohibition against b. parson of d. because he libelled in the ecclesiastical court for tithes for agistments ; the plaintiff pleaded , that he had alwaies paid d. for every milch-cow going in such a pasture ; and for this payment he had been discharged of tithes for all agistments in that land. in this case it was said , that this payment of money for milch-beasts , should not discharge him from the payment of tithes for other beasts s . in the case of lacie against long the suggestion for a prohibition was , that parson sued in the spiritual court the owner of the land for tithes of cattel , which he took to agistment , where he ought to sue the owner of the cattle : it seemed reasonable to the court , that the suit was well brought against the owner ; but be it quomodocunque , it belongs to the spiritual court to determine , whether the one or the other ought to be sued ; therefore for that reason , as to that point , a consultation was granted per curiam t . vid. pasture . agreement : no parson can by any agreement made with his parishioner bind his successors ; but being made with him for his tithes during only the parsons life , this is good u . and an agreement only by word , without any deed , may be good , made by the parson with his parishioner , that he shall keep his tithes w . a parson contracted with a. his executors and assigns , for s. to be annually paid him by the said a. his executors and assigns , that he , his executors and assigns , should be quit from the payment of tithes for such lands during the life of the parson : a. paid the parson s. which he accepted of , and made b. an infant his executor , and died : the mother of the infant took letters of administration durante minori aetate of the infant , and made a lease at will of the lands : the parson libelled in the spiritual court for the tithe of the same land against the tenant at will. in this case it was said , that the agreement did oblige the parson during his life : and although the assignee could not sue the parson upon the contract , yet he should have a prohibition to stay the suit in the ecclesiast . court , and put the parson to his remedy for the s. upon the contract , for that he could not have tithe in kind , by reason of the composition made x . if a parson agree and contract with one of his parishioners , that he shall keep back his own tithes , if that be made after that he hath sown his corn , and for the same year only , in that case the agreement shall be good : and if the parson sue in the ecclesiastical court for the said tithes , the parishioner shall have a prohibition ; but if it be for more years than one , or before the corn is sowed , this shall not be good , by coke and foster against warburton ; and coke said it was so adjudged in b. r. in parson booth's case , that a contract made with a parishioner for keeping back of his tithes for so many years as he shall be parson , was not good : and so it was wellow's case here also : but it was agreed by them all , that such a contract or agreement for the tithes of any other was void ; but only of the party himself , who was party to the agreement , and that ought to be made by way of keeping them back . vid. h. . & h. . . b. y . tithes cannot be granted without deed : it was agreed by the justices in bugg and woodward's case , that an agreement between a parishioner and the parson , that in consideration of twenty shillings per an. he should hold the land discharged of tithes during the life of the parson , was not good to ground a prohibition upon , for that the grant of tithes cannot be without deed z . the like in hawks and bryafield's case , in stay of suit for tithes in the ecclesiastical court , it was surmized , that a. was seized of a messuage and lands in the parish of d. and agreed with the defendant being parson , in consideration of ten pounds to be yearly paid by a. to the defendant during their joynt-lives and his continuing parson , in satisfaction of all tithes growing upon the same lands , that he should hold the lands without payment of tithes . resolved , it was not a sufficient surmize to ground a prohibition : for an agreement to be discharged from payment of tithes , for one year by word , may be good ; but such an agreement during the life of the parson cannot be good without deed a . alms , or things appointed for alms , are not tithable b . animalia vtilia , such as cows , sheep , and the like , shall pay tithes in kind . animalia inutilia , as oxen , horses , and the like , though tithe cannot be paid thereof in specie ; yet for their depasturage , or what bargain is made for the same , tithes shall be paid c . apples : suit in the ecclesiastical court for the tithe thereof , in discharge whereof an award or arbitrement was there pleaded , and the plea refused ; notwithstanding which a prohibition was denied d . b bark of timber trees is not tithable , but is priviledged together with the trees . barren ground , which is suapte natura barren , is not tithable ; but if tithe-wool and tithe-lamb have by thirty years been paid for it , and after by manurance is made fertil , then for the first seven years such tithe shall be paid for it , as was paid before . therefore barren heath or waste-grounds , naturally barren and not manurable without extraordinary charge , may pay tithe of wool , lamb , or the like ; but being converted into tillage , shall pay no tithe of corn or hay for the first seven years after such improvement ; during which time it shall pay only such tithe as was formerly paid : otherwise it is , if it became barren only by ill husbandry e : or if it became barren by some accident of inundation , or overgrown with bushes , and after reduced again to fertility ; in that case it shall pay tithes presently f . also marsh-lands newly gained from the sea , and fenn-lands gained from the fresh waters by drayning , &c. are not within the statute of ed. . c. . to be freed from the payment of tithes during the first seven years after the gaining thereof . likewise , if land be gained from the sea , and that by great cost and expence , and afterwards turned to arable-land ; it was the opinion of the court , that it shall pay tithe notwithstanding the costs , because it is not barren land of it self , but only by accident , and so not within the scope and intention of the statute of ed. . g . in the case between strowd and hoskins upon a prohibition , two points were argued by the four justices , viz. ( ) when a prohibition is brought upon the statute of ed. . to stay a suit in the ecclesiastical court for tithes of barren-lands the first seven years● it behooves the party who brings the prohibition , to prove his suggestion within six months , otherwise a consultation by the said statute is grantable . ( ) when a consultation is granted for the reason aforesaid , yet the party may have a new prohibition upon the same libel ; for that the statute of ed. . doth not extend to a consultation granted upon non-probate of a suggestion within six months , but where a consultation is granted upon the matter of a suggestion : and so the chief justice declared the opinion of the four justices , and thereupon a rule given , that the prohibition should stand , and the defendant notwithstanding such plea aforesaid in barr of the prohibition , may plead in chief to the matter of the said suggestion , and if he will dispute it , then he shall have several consultations on the said libel h . thus ( as aforesaid ) in a prohibition for tithes it was said by papham chief justice , that if lands be overflown with water , and afterwards gained by industry , tithes shall be presently paid , although it had been overflown time out of mind ; for those lands of their nature were not barren , and the statute of ed. . doth not intend , that tithes shall not be paid within seven years , but of such lands as were meerly barren , and made good by foldage or other industrious means . and so it was adjudged pasch . jac. b. r. in the case between witt and buck , in a prohibition upon the statute of ed. . cap. . the clause touching barren and heath-ground , of which after improvement , no tithes to be paid the space of seven years next after the improvement : for a prohibition it was shewed , that this land , for which the parson libelled for tithes , was marsh and sandy land , and covered with salt water , so that time out of mind no grass had been known there to grow , nor any profit at all made of this , until now of late time , by and with the great costs , charges , and industry of the tenant , this ground had been lately gained from the sea , and from its overflowing , by repairing and making new banks and sea-walls , and by continual repairing of them , and so he had now converted the same into arable land , where he had corn , and of this land the parson libels for tithes in the ecclesiastical court : and upon this matter thus shewed , a prohibition prayed , being to be discharged from payment of tithes of this ground for seven years ; this statute being thus made for the encouragement of tenants to make improvement of their lands . coke chief justice , it was resolved in one farrington's case upon this statute of ed. . that wood-ground is not barren ground within this statute : this was there adjudged , that if one do stock and grub up wood-ground , and after convert this into arable ground , he hath by this meliorated his land , but with great cost and labour , yet he shall pay tithes for this ground presently ; for that heath and barren-ground , intended to be within the statute , ought to be such land as is suapte natura sterilis , and barren . dederidge justice , a salt marsh , if this be fenced and so made good meadow , shall pay tithes presently ; yet before this was so fenced , no tithes thereof payable . coke , this land shall be out of the statute , out of the clause of discharge for seven years , notwithstanding this charge the tenant hath been at in gaining this land from the sea ; for to have this land within the clause of discharge within the statute , it ought to be suapte natura barren , which here it is not , but by accident , and by the overflowing of the sea. the whole court agreed in this , that by this statute barren ground is such ground as will not bear corn of it self , without very great cost in the extraordinary manuring of it ; and therefore , that this is no such barren ground within the statute , as ought to be discharged from payment of tithes , but that tithes ought to be paid for the fame , and that the parson had just cause to sue for his tithes in the ecclesiastical court ; and therefore the prohibition was denied . beech-trees , regularly are tithable ; yet in a county where there is a scarcity of timber , and where beech is used as timber for building or the like , there possibly they may be discharged of paying tithes ; and therefore in trin. eliz. it was resolved , that tithes shall be paid of beeches , although they are above twenty years growth , for they are not timber . yet in holliday and lee's case in a prohibition it was resolved , that tithes should not be paid of beeches of above twenty years growth i . and in pindar's case it was also resolved , that beeches above twenty years growth , being timber , shall not pay tithes k ; yet in a countrey where there is plenty thereof , they are not to be accounted timber , or tithe-free . so that beeches in their own nature are not computed timber-trees , and therefore tithable , except where by the custome of the countrey , where there is scarcity of wood , they are accounted timber-trees , in which case they are not tithable l : the judges of the common law have resolved , that all sort of wood that is usually employed for the building of houses , mills , &c. are gross woods , and within the statute of ed. . cap. . of which sort are oak , ash , elme , beech , horse-beech , and horn-bean , against the opinion in molyn's case m ; as also in man and somerton's case , where it was said by tanfield justice , that beech by the common law is not timber : and so he said it was adjudged in cary and pagett's case ; and in that case it was holden , that tithes shall not be paid for beech above the growth of twenty years in a common countrey for wood , as in buckinghamshire , for there it is reputed timber ; but in a plentiful countrey of wood it is otherwise , for there it is not timber , and tithes shall be paid of it , as sylva caedua , for which tithes shall be paid under the growth of years n . bees pay not tithes by the tenth swarm , but by the th measure of honey , and the tenth weight of wax ; and are predial tithes . birch-trees are tithable , though above years growth o ; and therefore in foster and leonard's case , in attachment upon a prohib . for suing for tithes of great wood , against the stat. of . ed. . it was resolv . . that of birch tithes shall be paid , for that they are not such wood as the stat. intended , as serving for building . . that oak and elm cut down before the age of years shall pay tithes ; for till they are of that age , they are not of that value as the law regardeth for the purposes aforesaid . also in foster and peacock's case it was resolved , that for birch above the age of years growth tithes should be paid q . bricks are not tithable , as was adjudged in the case betwixt liff and watts r . broom for fuel spent in the parish is not tithable s ; but if sold it shall pay tithes , unless the owner can prescribe or prove a custome of tithing milk or calves of cattel kept on that ground ; but regularly tithe is not due of broom spent for fuel in the parishioners house within the parish t . c calves are computed among the mixt tithes , which with colts , kidds , &c. are within the number of tithes in kind ; the parson must have the tenth thereof whenever it comes , if there be no custome to the contrary ; for it is a good modus decimandi for tithes of calves , to pay a calf for tithe , if he hath seven in one year ; and if under seven , then to pay a halfpeny for every calf for tithes ; and if he fell any calf , he shall pay the tenth part of the price u . calves ( as also lambs ) are tithable when they are weanable , and able to live without the dam ; if they be sold , the parson hath for the most part the tenth peny in most places , unless something be in the custome against it : also the tithe of calves , colts , &c. is to be apportioned with respect to the places where they were engendred , brought forth , and nourished ; but custome must prevail . cattel kept only for the plough and pail pay no tithe : also no tithe shall be paid for the pasture which is eaten by the oxen of the plough , or by the cattel of the pail . mich. jac. baxter & hope , per curiam . no tithe shall be paid for horses of the plough , for the parson hath the benefit of their labour in the tithes of the corn. tithes are not due for the young cattel , which a man rears for the plough , for they are for the manuring of the land whereof the parson hath the tithes . m. jac. b. watley & hanberry . resolv . & prohibition granted , mich. . jac. b. r. joyse & parker . resolv . & prohibition granted , trin. jac. b. r. maschal & price , per curiam . no tithes are due for the young cattel , which a man rears for his dairy ; dict . cas . joyse , & dict . cas . kneebon , prohibition granted . if a man according to the custome of the countrey sow his land to feed his horses for tillage , and the usage be to suffer the horses to feed upon that land , without any other meddling therewith , the parson shall not have any tithes thereof , for it is nothing but pasture for such horses . if a man buy or breed cattel , seed them and sell them , he shall pay tithes thereof ; otherwise , if he buy or breed them , feed them and spend them in his own house . nor shall a man that feeds sheep on his land , and after kills and eats them in his own house within the parish , pay any tithes thereof . if a man buy or breed barren cattel , as oxen and steers , and after sell them , he shall pay tithes for their pasture , for they cannot yield any other tithes : otherwise it is of barren sheep , as of weathers , for they can yield tithe of their wool. if a man keep horses , which are barren cattel , to sell , and he sell them accordingly , he shall pay tithes thereof . but it was resolved in facy and long 's case , that tithes shall not be paid of any cattel eaten in the parishioners family , no more than for cattel reared for the plough and pail . cattel therefore or beasts for the plough or pail are not tithable , otherwise in case they be only kept for such use , till they be ready for the plough or pail , and then sold away , in such case they shall pay tithe , being so sold for profit . and if they stray from one to another side of a common belonging to two parishes , no tithe is payable for this to the parson of the parish where the cattel do stray . and as dry cattel , though bred for the plow , are tithable , if they be sold away before they are put to that use : so also are fatted cattel , if they be sold or killed for the house , but according to the custome of the place a . likewise for young cattel , as calves , lambs , colts , piggs , &c. where their dams are removed from one place to another , a rate-tithe is payable to the parsons , according to the times of their abode in the several places , from the times of their engendring , by the month-rate b . also cattel tithable feeding in any waste place , not commonly known to be in any parish , are tithable to the parson of the place where the owner of the cattel doth dwell . but if cattel do feed one half of the year in one parish , and the other half year in another parish , the tithe shall be equally divided between the two parsons of both parishes : so proportionably for a greater or less time , provided it be the space of a month or daies ; but of any less time than a month , no tithe is payable c . if cattel be pawned or pledged , the gagee shall pay the tithe of them , because he is owner of them for the time ; but if a man bail cattel or other goods to re-bail , tithes of them shall not be paid by the bailee , because he hath no property in them , but only a rebailer d . chalk and chalk-pits are not tithable . cheese paying tithe , exempts the payment of tithe-milk whereof the cheese is made . et è contra . so that cheese is not tithable where the milk is tithed . et vice versa . therefore to prescribe to pay the tenth cheese between may and august for all tithe-milk within the year , and not the tenth part of the milk , may be a good prescription e . and where milk is tithed in kind , there no tithe-cheese is due : in which case , as in all others of tithing , the custome of the place is to be observed . cherry-trees in buckinghamshire have been adjudged timber , and tithe-free f . chicken of all tame-fowl are tithed in kind , according to the custome of the place . no tithe shall be paid of chicken , for that there is paid tithe-eggs ; and prohibition granted . hill. jac. b. r. resolved . clay is not tithable g . clothes fulled in a fulling-mill pay no tithes h . coles are not tithable ; therefore a prescription de non decimando ( as to that ) is good i . no tithes shall be paid de jure for cole . hill. jac. b. r. per houghton . common of estovers , or the wood which a man burns in his house , doth not pay tithes . composition real , is one of the waies or means whereby tithes may be discharged : it is where the incumbent , patron , and ordinary , by deed or fine , do agree that such lands shall for ever be freed and discharged of all manner of tithes paying an annual payment , or doing some other thing for the profit or advantage of that parson or vicar to whom the tithes did belong k , from which compositions all prescriptions de modo decimandi have , or should have had their original . but these real compositions , so as to oblige the successor of the parson or vicar that made the same , seem now to be restrained by the statute of eliz. cap. . whereby they are prohibited from making any grant for above years or three lives , and that with the accustomed yearly rent reserved . and if the parson or vicar make any composition with his parishioner without his patron and ordinary , it shall bind only for the parsons life , and during his incumbency . this composition is either between parson and parishioner , or inter clericos ; if it be between parson and parishioner , and it be touching tithes past , the composition is good , though it were without any consideration at all ; but if it be touching tithes to come , it may be good as to a payment of tithes only in part , but not good as to a non-payment of any tithes at all ; nor is it good in part without the bishops approbation and confirmation . if the composition be inter clericos , and the tithes be personal tithes , it holdeth not : but if they be predial tithes , the composition holdeth , the approbation of the bishop of the diocess being thereunto had . so that composition for the remitting or entirely taking away of tithes it not good in law ; but a composition with the parson or vicar to have but the thirteenth sheaf for his tithe , was held to be a good composition , and should bind the parson l . composition may likewise prevent the payment of tithes in kind ; and if it be made with a parson or vicar to pay a modus decimandi , which hath continued time out of mind , custome being equivalent to law , it is good , and shall bind the parson and his successors m ; and although a modus decimandi cannot begin at this day , but must be by prescription , yet a composition may be made , which shall bind during the life of him that made it n . the case was , a vicar did contract with his parishioner to pay so much for increase of tithes , and died : his successor sued in the ecclesiastical court for them . a prohibition in this case was granted by the court. the words of the contract were ( inter se convenerunt : ) it was holden , that this was not a real composition , although that the bishop did call it realis compositio , for his calling of it so , doth not alter the nature of it ; but it remains a personal contract , and so shall not bind his successor , although it were confirmed by the bishop . it was said by mallet justice in this case , a real contract , although it be made between spiritual persons , and of spiritual things , is only questionable at the common law o . composition shall bind during the life of him that made it , though not his successors p . coneys taken in a warren shall pay tithes ; yet they are not predial , but personal tithes . sed q. whether tithes shall be paid of them ; because berkley justice , they are not tithable but by custome , car. b. r. for no tithes de jure without a custome ought to be paid for them , for they are ferae naturae , trin. . car. b. r. worden & bennet's case ; after a prohibition granted , a consultation denied per curiam for the reason aforesaid . pasch . car. b. r. sir jo. brewen & dr. bradish's case per cur. a prohibition granted , and hill. car. b. vincent and tutt's case , prohibition granted , and for prohibition pleaded by the parson to have them by prescription . mich. car. b. r. williams and wilcock's case . or if a man steals coneys out of a warren , he shall pay no tithes of them , because the law gives him no property in them ; nor shall the right owner pay any tithes of them , because he hath no profit by them . corn pays a predial tithe , as that which comes partly by the industry of man , and partly of the earth . mich. jac. c. b. magna charta . and if a custome be alledged , that the parson shall have but the tenth sheaf of wheat for all the tithes of all manner of corn and grain , this is no good custome r . yet corn of all kinds fowed is tithable according to the custome of the place ; and is commonly tithed by the tenth shock , cock , or sheaf , where the custome of the place is not otherwise ; but not to put the parsons tenth up on end in shocks , unless the custome of the place be so s . and if the owner will not cut his corn before it be spoiled , the parson is without remedy t . and if he doth change the corn or grain fowed in the same ground , such change of the corn so sowed doth change the tithe to the same kind of that grain . and if a man pay tithe of corn , he shall not pay any tithe for the stubble , which grew the same year on that land. hill. jac. b. pl. . smiths case per cur. & case ibid. pasch . jac. per cur. & mich. jac. baxter & hope , for the aftergrass , & h. . rot. par. nu . no tithes for the agistment in such after-pasture . and if the parson hath tithes of corn one year , and the land be left without seed the next year , that so it may be plowed and made ready for seed the the third year , no tithes shall be paid the second ; for by lying fresh the land is the better , and the parson will have the better tithes the third year . smith's case . by the statute of ed. . cap. . the parson or vicar is priviledged to come upon the land to see the tithes set forth : for by the said statute it is enacted , that at the tithing time of predial tithes , it shall be lawful for any to whom tithes are payable , or for his deputy or servant to see the said tithes to be set forth and severed from the nine parts , and quietly to take and carry them away . and as the parsons rights are hereby secured from the danger of having his predial tithes subtracted : so likewise the law hath provided nor only for the prevention of his being defrauded therein , and for his quiet removal and carrying the same away ; but also for an open , free , and unmolested way and passage through which to carry the same away , as appears by halsey's case . the case was this : h. procured a prohibition against h. and declared , that the defendant had sued him in the ecclesiastical court for a way or passage ; he was proprietor of tithes in the parish of m. and that the common way to carry the tithes out of the plaintiffs land was by a close called s. and that the plaintiff had stopt it up , when in very truth the way was by prescription by a close called w. and that he had pleaded it in the ecclesiastical court , and the said court would not allow thereof , and for that the cognizance of a prescription for a way ought to be tried at the common law , and not in the said court , &c. whereupon the defendant demurred , and by the opinion of the whole court a consultation was granted ; for that the cognizance of waies for the carrying of tithes belongs to the court christian , as appears by the statute of ed. . and fitzh . n. b. in consultation , and lindwood de decim . u when tithes of corn are severed from the nine parts , an action . of trespass lieth against any that shall take them away , whether he be the owner of the land or a stranger w . also an action of debt lieth for predial tithes , as of corn , wood , grass , fruit , hay , &c. and treble dammages recoverable upon the said statute of ed. . . but not so for lesser tithes , as of wool , lamb , &c. nor for money given to the parson in lieu thereof ; but for each of these suit may be commenced according to the statutes of h. . and ed. . . & h. . . x . so that if the owner of the corn set out his tithes , and after take it away , the parson may sue him in the ecclesiastical court , or bring an action of trespass against him : but the parson may not sue a stranger in the ecclesiastical court for taking away the tithes which were set out . in hele's case against frettenden , the resolution of the court upon two cases upon the statute of ed. . for not setting forth of tithes was this , viz. a man possessed of corn sells it , and before two witnesses sets out his tithes , and afterwards privily takes away the tithes ; and the parson sues him upon the statute for treble dammages , for not setting forth of tithes : and the defendant proves by witnesses that he set forth his tithes ; yet the fraud is provided against by the statute , for the words are [ without fraud or deceipt . ] in the second case , one secretly fells his corn to one who was not known , and afterwards the vendee commands the vendor to cut the corn , which he doth , and takes away the whole corn without setting forth his tithes ; the question was , who should be sued for the tithes : and the court held , that the first vendor should be sued , for it was fraudulent . and where a woman , being proprietor of a parsonage took a. to husband ; a parishioner within the parish set forth his tithes and divided them , and then immediately took them back again ; a. the husband alone sued for the treble value according to the statute of ed. . two points were moved , ( ) whether that were a setting forth within the statute ? and by the court , that it was not ; and so hath been adjudged in & eliz. and jac. ( ) whether the husband may sue for the treble value without naming his wife ? and to that the court would be advised ; for though the husband may sue alone , where a thing is personal for which he sueth , as the books of ed. . . ed . . ed. . , & . are ; yet where the statute saith , that the proprietor shall have suit for the not setting forth , &c. the husband is not intended proprietor as the statute intends , but the wife , and for that the wife ought to joyn . for the due manner of tithing corn , the parishioner ought of common right to cut the same , and to prepare it for the parson , and to separate it from the nine parts ; he ought also of common right to make up the corn into sheaves , but is not obliged to gather and set it up into hillocks or heaps , for the manner of tithing is good , if the corn be thrown out in shocks ; and being so set out they become lay-chattels . in guin and merryweather's case it was said by doderidge justice , that if one defame and scandalize the parson's title to the tithes , although he be not punishable for this in the temporal courts , yet he is punishable in the ecclesiastical court ; he said also , that when tithes are set out , they are then lay-chattels , and if a stranger carry them away , the action lies not in the ecclesiastical , but temporal court ; otherwise it is , if it were not severed from the nine parts . ley chief justice agreed it , and said , that if a stranger take the corn before severance of the tithes , the parson shall sue in the ecclesiastical court for tithes against the trespasser , and not against the terre-tenant : and where the right of tithes comes in question , prohibition shall not be granted . nor shall fraud or covin prevent the payment of tithes ; for in a case of tithe-corn , where the custome of l. in the county of b. was alledged , that the parson ought to have the tenth land of corn , beginning at the such land which was next to the church ; the occupiers of the land , to defraud the parson by covin , did not sow the tenth-land , nor manure it ; yet the parson sued for tithe in kind , to have the tenth-cock for tithe of the corn sowed , and a prohibition awarded notwithstanding the covin , because he had remedy at the common law for the fraud . cows that yield milk , no tithe is to be paid for the pasture thereof ; and if a man hath but one cow , and no cheese made of the milk thereof , the custome of the place must be observed , so that something be paid for the tithe thereof , otherwise no custome will bind . curtelages , or places adjoyning to mansion-houses , and applied to seeds , herbs , &c. are tithable in kind , if the parson make not an agreement for the same ; otherwise it must be tithed in kind , by setting forth the tenth-part for the parson when the owner receives his nine parts . custome is , where a right to many is procured in common and publick : as prescription is privately to one . if the custome be of translating of tithes predial ( as in composition ) then it holdeth : otherwise , if it be of tithes personal . but if it be of not yielding tithes at all , it doth not hold ; for a custome of paying nothing at all , is not good ; but if it be only of yielding less than the tenth , it holdeth both in personal and predial tithes . it holdeth also as to the place where tithes ought to be left , of the time when to be yielded , as also of the manner and form of yielding them . so that although custome ( which chiefly refers to a place , as prescription ) doth to a person cannot totally take the tithes away , yet it may limit and moderate the payment thereof . notwithstanding in some places and cases , a custome applied to a countrey to pay no tithe ( as in parishes for the wild in sussex ) is good ; but generally such a custome is not good . likewise , a custome tending to the impoverishment of the parson or vicar is no good custome . mich. jac. c. b. inter jux and sir charles candish . likewise a custome to pay tithes truly , without view of the parson ; is not good y . also a custome alledged to pay the tenth sheaf of wheat for the tithe of all manner of corn and grain , is not a good custome . dict . cas . jux & eliz. c. b. adjudg . but a custome to pay tithe-wool at lammas-day , though due at shearing , is good z . but such is the strength of a custome , that it cannot be discharged by a verbal agreement for money a . custome may make that tithable , which of it self is not tithable b ; and may alter tithes in any other thing , which will be a modus decimandi , sufficient to bind the parson and his successors c . custome is properly triable at the common law upon a prohibition ; but a consultation may be granted on a prohibition granted on a surmize not proved within six months ; as was adjudged , hill. jac. c. b. in cas . inter sharp and sharp . no● . rep. custome and prescription ; both ought to be without interruption constant , and beyond the memory of man perpetual , that is , no man in being remembers to the contrary ; for it seems , if any man , or any authentick record , or other sufficient evidence can prove it was otherwise at any time since the first of r. . viz. . the custome or prescription at common law would not hold f . albeit by the statute of ed. . c. . tithes are to be yielded and paid as of right they had been within years next before ; which time somewhat agrees with the ecclesiastical computation : and by the statute of h. . c. . they are to be paid according to the ecclesiastical laws and ordinances , after the laudable usages and customes of the parish ; which was also after confirmed ( as to the lawful usage and custome ) by the stat. of h. . . d decimae majores . such as corn , hay , &c. belong to the parson : decimae minores or minutae , as saffron , herbs , &c do belong to the vicar . pasch . eliz. b. r. beding and feak's case . & mich. car. c. b. sir rich. vdal and the vicar of alton's case . deer , though they are ferae naturae , yet they may be given for tithes ; and although they are not tithable of themselves , yet they may be given for a modus decimandi . hill. jac. c. b. the vicar of clare's case . sharp and sharp's case . noy . acc . deprivation : a parson may after his deprivation sue in the ecclesiastical court for subtraction of tithes , which were due to him before his deprivation , and a prohibition will not lie in the case . adjudged , cole's case . discharge of tithes may be either by custome , prescription , composition , statute , unity of possession , or by priviledge , as to religious orders now not of use g . there may be also a discharge of tithes as against the vicar , by the payment thereof unto the parson h . and it may be by a real composition i , but it cannot be by a verbal agreement for money k . and if there be a discharge not of the tithes themselves , but from the exact payment thereof by a modus decimandi , or annual recompence in satisfaction thereof , it must be by custome or prescription l . by the common law a lay-man , although he were capable of a discharge of tithes by grant of the parson , patron , and ordinary , or by composition ; yet at that law none had a capacity to take or receive them , save only ecclesiastical persons , or a mixt person , as the king m . and by the same law , if a bishop were absolutely discharged of tithes by prescription , whilst the lands were in his hands , his demising thereof to a lay-man could not make the same chargeable therewith n . for in wright's case , where the bishop of w. was seized of a mannor in right of his bishoprick , prescribed that he and all his predecessors had held the said mannor , and the demesns thereof time out of mind for him , his farmers , tenants for years or at will , discharged and acquitted from payment of tithes for these lands ; the bishop made a lease for years of parcel of the demesns : the farmer of the rectory libelled in the ecclesiast court against the lessee for tithes ; all which matter he pleaded in the ecclesiastical court , and the judge there refused to allow of the allegation in discharge of the tithes : it was held in this case , ( ) that if the lands of the bishop were absolutely discharged in his hands by prescription , the demising of it to a lay-man could not make it chargeable with tithes . ( ) that a spiritual person may prescribe in non decimando . ( ) that the refusal by the ecclesiastical judge to allow the allegation in discharge of tithes , is not traversable o . in like manner the king being seised of lands , parcel of the forest of b. in fee in right of the crown , discharged of the payment of tithes , granted the lands to the earl of hertford in fee ; and it was held , that the patentee should be discharged of payment of tithes ; and a prohibition was granted in that case p . yet in another case , where it was surmized for a prohibition , that the prior of b. was seised of lands , parcel of his priory , and held them till the dissolution , discharged of tithes , for his farmers and tenents for life or years ; that the priory was dissolved h. . that the king was seised of the lands , and shews the statutes of h. . and ed. . and that the king died seised of the lands , that by mean conveyances it was conveyed to j. s. and that the plaintiff being his tenant for years , was sued by the parson of b. for the tithes of these lands . it was resolved by the court , that the lands which came to the crown by the statute of h. . should not be discharged from the payment of tithes , but should pay the same , although the lands in the hands of the said religious persons or houses were discharged from the payment thereof , for that the priviledges were personal priviledges , which were extinguish'd by the said statute of dissolutions , and there are not any words in the said statute of h. . to save the priviledges ; and the statute of h. . being a subsequent law , had not respect to these priviledges q . likewise , where a parson by deed indented leased his glebe cum omnibus proficuis & commoditatibus : it was notwithstanding adjudged , that the lessee should be charged with the payment of tithes . and in branches case it was resolved , that an union of copyhold lands , and of the parsonage in the hands of the parson , as parson imparsonee , was no discharge of the tithes of the copyhold lands . and in this case it was also adjudged , that a farmer of lands might prescribe in modo decimandi , but not in non decimando . the statute of h. . gave all colledges dissolved to the crown , in which there is a clause , that the king and his patentees should hold discharged of tithes , as the abbots held : afterwards the statute of ed. . gave all colledges to the crown ; but there is in it no clause of the discharge of tithes : the parson libelled in the ecclesiastical court ; and the farmer of the lands of the colledge of maidstone in kent brought a prohibition upon the statute of h. . the court was clear of opinion , that the king had the lands of the colledge by the statute of ed. . and not by the statute of h. . but the justices doubted , the lands coming to the king by that statute , whether they should be discharged of tithes by the statute of h. . there being no clause in the statute of ed. . for discharge of tithes : but it was resolved by the justices , that unity without composition or prescription , was a sufficient discharge of tithes by the statute of h. . the templers were dissolved , and their possessions and priviledges by act of parliament ed. . transferred to st. johns of jerusalem ; and their possessions by act of parliament h. . cap. . given to the king : it was resolved , that the king and his patentees should pay tithes of those lands , although the lands propriis sumptibus excolantur , because the priviledges to be discharged of tithes were proper to spiritual persons , and ceased when the person spiritual was removed : and the statute of h. . of dissolutions did not extend to such lands as came to the king by special act of parliament , as those lands of st. johns of jerusalem did . and mich. . jac. c. b. in a case de modo decimandi it was said , that one may be discharged of tithes five waies : ( ) by the law of the realm , viz. the common law , as tithes shall not be paid of coles , quarries , bricks , tiles , &c. f. n. b. . and reg. . nor of the after-pasture of a meadow , &c. nor of rakings , nor of wood to make pales , or mounds , or hedges , &c. ( ) by the statutes of the realm , as h. . . . ed. . &c. ( ) by priviledge , as those of st. johns of jerusalem in england , the cistertains , templers , &c. as appears h. . . dyer . ( ) by prescription ; as by modus decimandi , annual recompence in satisfaction . ( ) by real composition . by all which it appears , that a man may be discharged of payment of tithes ; yet a lay-man ought not to prescribe in non decimando , albeit the may in modo decimandi . and this in effect agrees with tho. aquinas in his secunda secundae , quaest . . art . ult . vid. dr. & stu. lib. . c. . fo . . and the causes why the judges of the common law permit not the ecclesiastical judges to try modum decimandi , being pleaded in their courts , is , because that if the recompence which is to be given to the parson in satisfaction of his tithes , doth not amount to the value of this tithes in kind , they might overthrow the same : and that appears by lindwood , constit . mepham . de decim . c. quoniam propter , verb. consuetudines . for this reason it is said a prohibition lies : and therewith agrees ed. . . vid. ed. . dyer . and eliz. dyer . in a prohibition upon a suit in the ecclesiastical court , by the defendant the vicar of d. for tithes : a prohibition prayed upon his plea thereof a modus decimandi , to pay so much yearly to the parson of dale , in discharge of his tithes and the same plea there disallowed . the whole court agreed , that this modus between him and the parson , will not discharge him from payment of tithes , as to the vicar ; and therefore by the rule of the court a consultation was granted . also the court was of opinion , that where a bishop holds lands discharged of tithes , and he makes a feoffment of the land , the feoffee shall be discharged of tithes ; and the like , if the king hath ancient forest lands discharges of tithes , and the king grants this land , the grantee is discharged of tithes : and it is a general rule , that he which may have tithes , may be discharged of tithes . so long as the land is occupied by him who hath the fee-simple , which did formerly belong to the order of cistertians , it shall pay no tithes ; but if he lett it for years or life , the tenant shall pay tithes . for anciently there were many large estates wholly exempted from paying tithes , as land belonging to the said cistertian monks to the knights templers , and hospitallers : as in the earl of clanrickard's case , who libelled in the ecclesiastical court for the tithes of hay of a certain meadow against dame denton , who pleaded , that the prior of a. was seised of that meadow as parcel of the possessions of the priory , and that they held it discharged time out of mind , &c. whereupon issue was joyned upon a prohibition , and it was found for the plaintiff ; for that the land was only discharged when it was in the hands of the priory , and not when it was in the hands of their farmers , and they were of the order of cistertians , whereupon a consultation was granted : and now a new prohibition was prayed , for that in the ecclesiastical court they had added to the former libel , when the statute of ed. . cap. . is , that whereas a consultation is duly granted upon a prohibition , that the same judge may proceed in the same case by virtue of the former consultation , notwithstanding any other prohibition . provided alwaies , that the matter in the libel of the said cause be not altered , enlarged , or otherwise changed ; dr. pope , doctor of the civil law said , that there was not any enlarging or changing in substance of the libel in question ; for whereas in the former libel it was , that they had used to pay tithes time out of mind , now in the second libel is added , that although the prior was discharged , yet they , viz. the farmers , have paid tithes for , or years , and time out of mind . montague ch. justice said , that it seem'd that that was not an alteration : but doderidge and houghton justices held , that that was an alteration of the libel ; for now by that last libel , they could fetch them in for tithes , though they were discharged in the hands of the abbot : and for that the tithes had been paid for , or years since the statute aforesaid ( the which is a sufficient time to make a prescription , according to the law of the civilians ) they would charge the land with tithes in whose soever hands they are , when by the statute it ought to be discharged only in the hands of some , viz. the priors ; and afterwards dr. pope pulled off the addition , which he had made to the former libel , off from the second libel . and the whole court said , that if he proceeded upon that addition , that sentence shall be given for tithes , upon any prescription since the statute , that then they would grant a prohibition . mich. . jac. b. r. dame denton's case and the count of clanrickard . roll. rep. par . . the order of the praemonstracenses were discharged of all tithes of their land , the which manibus aut sumptibus excolebant propriis . all the chief monks paid tithe as well as other men , till pope paschal at the council of mentz ordained , that they should not pay tithes de laboribus suis ; and that continued as a general discharge till the time of h. . when pope adrian restrained it to three orders , viz. the cistertians , the templers , and the hospitallers . and the discharge which the order of the praemonstracenses had , was made by pope innocent the third , by his bull. and after in the council of lateran , ne ecclesia nimium gravaretur , it was provided , that the priviledge of the templers should not extend to their farmers . vid. case dickenson and greenhall . mich. . jac. b. r. roll. rep. . part . in hurrey's case against boyer in a prohibition to the ecclesiastical court , for stay of a suit there for tithes of lands , which were the possessions of the hospital of st. john of jerusalem , upon suggestion that the prior of the said dissolved house of st. johns had this priviledge from rome , which was by divers councils and canons ; viz. that the lands of their predecessors , which by their own hands and costs they did till , they were not obliged to pay tithes . in this case it was agreed , that this hospital was not dissolved by the statute of h. . c. . of dissolutions , but by a special act made h. . c. . by which their corporation and order was dissolved , and their possessions given to the king , with all the priviledges and immunities thereto belonging , which the king granted to the plaintiff in the prohibition ; and whether he should hold them discharged of the payment of tithes was the question . harris serjeant urged , that this immunity was annexed to the corporation of the prior , and his brethren of the said hospital , and doth not come to the king , it being determined by the dissolution of the said hospital ; and so adjudged in b. r. against the book of eliz. dyer . . . . coke , the bishop of winchester's case , . b. and the archbishop of canterbury's case , . b. and eliz. dyer . . nichols serjeant to the contrary , and cited a canon made by the council of mag. and another made by innocent . . an. . and divers others , and also the statute of h. . . and h. . . and if land be discharged of payment of tithes by prescription of not tithing , and this land come to the king , the priviledge remains ; and these lands are given to the king in the same plight and case , as they were in the hospitallers ; and affirmed the book of eliz. dyer . . to be good law ; and that the aforementioned cases of the archbishop of canterbury and the bishop of winchester , and the words of the statute of h. . . gives the king not only the mannors , houses , &c. but also all liberties , franchises , priviledges , &c. in this case it was confessed , that it came by reason of the order of the cestertians , as appears by the canon : and hutton serjeant arguing for the defendant , said , that it appears by the statute of h. . . that it is personal , and that it differs from the lands which came to the king by the statute of h. . for by that the king is discharged of payment of tithes , and so are his patentees ; but that this priviledge is personal , and if so , then it is determined by dissolution of the other , and a personal priviledge in case of tithe is not transferred to the king. barker serjeant for the plaintiff in this case said , that it was ordained by edgar , king of this realm , that tithes shall be given to the mother-church : also edmund , ethelstone , william the conqueror , and the council of magans , specially provided that tithes should be paid , but did not appoint when they should be paid . but the first law which appointed the quantity , was made in the time of ed. . and this ordained when they ought to pay the tenth with the fear of god. and before the council of lateran every one might pay his tithes to what parson he would , and then were paid to monasteries as oblations . if a parson in one parish claim tithes in another , as portion of tithes due by prescription to his rectory , he ought to shew the place especially , viz. the place where the tithes lie . in the seventeenth year of ed. . the order of the templers was dissolved , and their possessions annexed to st. john of jerusalem : and they did not claim by any bull of the pope , nor other spiritual canon , but by prescription , which is priviledge and private common law , as appears by the statute of westm . . cap. . and menham's canon in the time of ed. . saith , let the custome be observed . and another canon , that custome of not tithing , or of the manner of tithing , if they paid less than the tenth part , shall be observed . vid. panormitan . & cas . hurrey vers . boyer , brownl . rep. & dict . cas . pasch . jac. rot. . c. b. brownl . rep. par . . in the bishop of winchester's case , eliz. it was resolved , that at the common law none had capacity to take tithes but spiritual persons , or persona mixta , as the king ▪ and regularly no meer lay-man was capable of them ( except in special cases ; ) for he could not sue for them in the court christian ; and regularly a lay-man had no remedy for them until the h. . a lay-man may be discharged of tithes at the common law by grant , or by composition , but not by prescription ; for in the books of the common law it is commonly said , that a law-man may prescribe in modo decimandi , but not in non decimando : and the reason is , because he is not ( except in special cases ) capable of tithes at the common law , before the statute of h. . cap. . and therefore without special matter shewed , it shall not be intended that he hath any lawful discharge , and in favour of the holy church ( although it may have a lawful commencement ) the law will not suffer this prescription , in non decimando , to put it to the trial of lay-men . a spiritual person that was capable of tithes at the common law in pernancy , may prescribe to be discharged of tithes generally , or to have a portion of tithes in the land of another . before the council of lateran , every man might give his tithes to any spiritual person that he would ; and if the lands of the bishop were discharged in his hands absolutely by prescription , the demising it to a lay-man cannot make it chargeable , and the bishop might reserve the greater rent . a parson by deed indented leaseth his glebe , cum omnibus proficuis & commoditatibus : it was notwithstanding adjudged , that the lessee shall be charged with the payment of tithes . and in an action of debt upon the statute of ed. . for not setting forth of tithes ; the case was , the lands were a parcel of the possession of the templers , whose lands were annexed to the priory of st. johns . the templers had a special priviledge to be discharged of tithes of those lands , which propriis manibus excolunt . by a special act of h. . the possessions of the priory of st johns , were given to the king by general words of all lands in tam amplis modo , &c. as the abbots held them . resolved , that the defendant should not be discharged , nor have the priviledge ; for by the common law a lay-person was not capable of such a priviledge , and the king should not have the benefit of the priviledge , until the stat. of h. . but the statute extends only to such possessions as came to the king by surrender , and should be vested in him by that act , and doth not extend to possessions which are vested in him by another act. and these lands were given to the king by a special act of parliament , and therefore not discharged of tithes . dotards , or the branches of trees of twenty years growth or upward , are not tithable n . doves in a dove-house do pay personal , not predial tithes o , but if stol● out of a dove-house , no tithe is to be paid of such p . tithes shall be paid de jure of young pidgeons . mich. jac. b. between whatley and hambury resolved . hill. jac. b. r. resolved , and a prohibition denied in gastrell's case . by custome tithes may be paid of pigeons spent in a mans own house , but not so of common right . case ibid. but if sold , they shall pay tithe . dict . cas . whatly . e eggs are tithed in kind , or according to the custome of the place , which serves for the tithe of the tame and domestick fowl , where their young are not paid in kind ; and where tithe of eggs is paid , there is no tithe of the young : and so vice versa , where the tithe of the young is paid , there no tithes of eggs may be demanded . f fallow-grounds pay no tithe for these years wherein they lie fallow , nor is the pasture thereof tithable , unless it be kept lay beyond the course of husbandry ; for if land lie fallow every two or three years , the same is a charge unto the owner and tenant for that time , and an advantage to the parson in the bettering of his crop the year following , when the same is sowed with corn or grain ; and therefore , although the grass and feeding of the fallow-ground for that year be some small profit to the owner of the soil , yet he shall not pay tithe for the same , as hath been adjudged a . yet it was afterward adjudged b , that if lands be tithable , and the tenant or occupier of the land will not plough it , or manure it , especially thereby to prejudice the parson ; that in such case the parson may sue the tenant in the ecclesiastical court to have tithe of that land. ferae naturae , beasts and birds that are such are not tithable c , till they become tame and profitable to the owner , that is till they are reduced to a tameness and property ; yet it hath been held , that tithes are not payable for tame turkies , pheasants , or partridges , nor for their eggs d . although beasts ferae naturae , as bucks , does , pheasants , &c. are not tithable of themselves ; yet they may be given for tithes , or for a modus decimandi , as a great tree may be given for tithe of trees tithable e . and as things which are ferae naturae , whereof a man hath not an absolute property , are not tithable : so likewise of things which are meerly for pleasure tithes shall not be paid f . fenny-lands drained and made arable do pay tithes g , notwithstanding the statute of barren land h . fish taken in the sea , are by the custome of the realm tithable , not by the tenth fish , but some small sum of money in consideration of a tithe i . but if taken in a pond , or in a several piscary , then they are tithable by the owner thereof as a predial tithe , and as such ought to be set forth according to the statute of ed. . trin. jac. c. b. the earl of desmond's case . mich. car. b. r. adjudg . acc . vid. trin. car. b. r. yet it is said , that fishers , fowlers , and hunters , not for pleasure , but by way of trade for profit , pay some tithe by usage in nature of a personal tithe to the parson or vicar where they inhabit , though they take their fish , fowl , &c. in another parish ; but if they paid money to another in that other parish for this liberty of fishing , &c. then he that takes that money , must pay as a predial tithe to the parson of that other parish where he inhabits . fish taken in the sea , being ferae naturae , are not understood to be regularly , but customarily only , tithable , as in cornwall , wales , yarmouth , &c. k . and so it hath been resolved l ; albeit in the said case of the e. of desmond it was held , that they were tithable by the custome of the realm : in which case it is more probable , that the fishers pay a personal , than the fish a predial tithe , to the parson or vicar of that parish where they inhabit . to this purpose there is a case extant , wherein a prohibition was granted against the same parson of w. in the county of l. for suing in the ecclesiastical court for the tithe of trouts taken in a river , because being ferae naturae , they are not tithable ; and a president was shewed car. where a prohibition was granted against the same parson for suing for tithe-eeles taken in the river ▪ because they were ferae naturae : and it was said , that in yarmouth was a suit for tithe-herrings taken in the sea ; but they could not prevail in it . jones justice said , that in wales they used to pay tithes for herrings ; and in ireland it is a common course to pay tithe for salmons taken in rivers : whereunto it was replyed , that that might peradventure be by custome , for otherwise tithes are not due for fish taken in rivers m . for no tithes de jure are to be paid for fish taken in a common river . pasch . car. b. r. a prohibition granted to stay a suit for tithes of eeles taken in a common river in the parish of barton in westmerland ; and hill. car. prohibition granted to stay a suit for tithes of trouts in the same river . but the court seemed to be divided , whether tithes of them were due or not : but they granted a prohibition , for that the law shall decide thereupon ; it was between dawes and huddlestone . no tithes shall be paid in kind without a custome for fish taken in the high sea out of any parish . hill. car. b. r. between long and dircell per curiam , and prohibition granted accordingly . and justice jones said , that on an appeal to the delegates out of ireland in the lord desmond's case it was agreed , that for such fish so taken , only personal tithes are due deductis expensis . likewise , no tithes in kind shall be paid de jure for fish taken in a common river , which is not enclosed , as in a pond enclosed ; for that they are ferae naturae , although they are taken by one who hath a severed piscary there , and although the place where they are taken be within the parish of that parson who claims them ; for it is a personal tithe , in which tithes ought to be paid deductis expensis . pasch . car ▪ b. r. between gold and arthur , and others , prohibition was granted where the suit was for tithes of salmon in the river of exe. mich. car. between whislake and the said arthur , and others : the like prohibition granted on the same matter between other parties . and in the case of a prohibition it was resolved , that tithe shall be paid for fish taken in the sea , which is not within any parish ; and they shall be paid to the parson of the parish where the fish is landed . flax pays a predial tithe , payable when dressed up . coke ▪ mag. char. . the tithes of flax are minutae decimae . mich. car. b. r. in webb's case . forest-lands , that lie in no parish , or between two parishes , and anciently such , are not tithable by the king or his patentees ; but if the forest be in a parish , and land therein which is tithe-free , if the forest happen to be disforested , it shall pay tithes in kind . crompt . jurisd . bacon chief justice , at sarum-assize ; the case was , a. lessee for years of the earl of h. prayed a prohibition against the vicar of l. to stay a suit in the ecclesiastical court for tithes , because the lands out of which the tithes were demanded , were parcel of the forest of b. whereof the king was seised in right of his crown , and he and all his predecessors held the said land discharged of tithes ; and shewed that the king had granted the said forest to the earl of hertford in fee , and so he ought to have them discharged of tithes : in that case it was held by the court , that it was only a priviledge annexed to the crown , during the time that the land was in the crown ; but the court doubted , whether the patentee might have such priviledge : but yet de bene esse the prohibition was granted n . if tithes do lie in any forest , as in the forest of windsor , rockingham , sherwood , or other forest which is not any parish , the king shall have them by his prerogative , and not the bishop of the diocess , or metropolitan of the province , as some have thought o . but yet it seems by ass . . if there be cause of suit for such tithes against the parties who ought to pay the same , such suit might be brought in the ecclesiastical court : but if a stranger takes away such tithes from the parson or vicar , there for such trespass the suit may be in the temporal court , as the same may be for taking away other goods in the like case . adjudg . car. b. r. fowl taken by a faulkner , who hawks for his pleasure , shall not pay tithe ; but if a fowler kill fowl , and make a profit of them , it hath been held , that he shall pay a personal tithe for them . pasch . car. adjudg . acc . fruits of trees , as apples , pears , &c. are tithable presently upon their gathering , and are predial tithes ; for the subtraction whereof the parishioner is impleadable . stat. ed. . c. . fruits of trees , apples , pears , &c. mast of oak , beech , &c. are predial tithes . coke magn , chart. . the fruits of orchards and gardens are tithable in their proper kinds , and to be paid when they are gathered , unless there be some modus or rate-tithe paid in lieu thereof . furse is tithable , and pays a predial tithe , unless the owner thereof can prescribe or prove a custome of tithing milk or calves of the cattle on the ground where the furse grows . mich. . eliz. b. r. vid. heath . g gardens are tithable as other lands , and therefore the herbs which grow therein pay tithes in kind . also plants , seeds , woad , saffron , hemp , rape , &c. pay tithes in kind , unless the parson make an agreement for the same ; otherwise the tenth part must be set forth for the parson , when the owner receives his nine parts . mich. . jac. c. b. in baxter's case . & trin. jac. b. r. the whole court. glebe is a portion of land , meadow , or pasture , belonging to or parcel of the parsonage or vicarage , over and above the tithes . if it be demised by the parson to a lay-man , it pays tithe ; otherwise , if he keep it in his own hands p . for glebe kept in the vicars own hands , pays no tithe to the parson impropriate , it is otherwise if it be in the hands of his lessee q , by whom it is tithable , if lett by a parson impropriate . and although glebe-lands are not properly tithable , because ecclesia ecclesiae decimas non debet solvere ; yet if glebe-lands be leased out the parson , the lessee shall pay the small tithes arising out of such glebe-lands to the vicar that hath small tithes upon his endowment , as in blinco's case r . and yet in that case the vicar libelled in the ecclesiastical court to have tithes of the glebe of the parson , and a prohibition was granted , for that the glebe shall pay no tithe s . notwithstanding which , if a parson lease his glebe-lands , and do not withal grant the tithes therof , the tenant shall pay the tithes to the parson t . likewise , if a parson sow his glebe-land , and then lease the same , the tenant shall pay the tithes of this corn to his landlord the parson u . yet if a parson sow his glebe , and die before severance , some have held , that his executors shall not pay tithes of this corn. and albeit where glebe-lands are leased out by the parson , the lessee shall , as aforesaid , pay the small tithes thereof to the vicar , that hath the small tithes upon his endowment ; yet he shall not have the small tithes arising upon such of the parsons glebe-lands as the parson keeps in his own hands w . likewise on the other hand it hath been held , that the vicar upon a general endowment , shall not pay tithes of his glebe to the parson , or of the fruits that arise from the same , and that for the same reason aforesaid , quia decimas ecclesia ecclessae reddere non debet x . but the lessee of the parsons glebe shall pay him , the tithes thereof ; to this purpose the case was , a parson leased all his glebe-lands , with all profits and commodities rendring s. . d. pro omnibus exactionibus & demandis , and afterwards libelled in the ecclesiastical court against his lessee for the tithes thereof : it was the opinion of the court , that tithes are not things issuing out of lands , nor any rent or duty , but spiritual ; and if the parson doth release to his parishioner all demands in his lands , his tithes are not thereby extinct , and therefore a consultation was granted y . and so it was adjudged eliz. in babington's case , that such lessee should pay tithes to the parson , for that they are due jure divino , and cannot be included in rent z . as long as the vicar occupies his glebe-lands in his own hands , he shall pay no tithes ; but if he demise it unto another , the lessee shall pay tithes to the parson that is impropriate . if the vicar sow the land , and die , and his executor take away the corn. and doth not set forth his tithe , and the parson bring his action of debt upon the statute of ed. . in this case the court seemed to incline , that it would lie . the glebe-lands and spiritual revenues of clergy-men , being held in pura & perpetus eleemosyna , h. e. in frankalmoign , are exempted from arraying and mustering of men or horses for the war , as appears in a stat. of . h. . nu . . in the unprinted rolls of that parliament . an abbot was parson imparsonee of the church where the abbey and tithes were , the abbey was dissolved ; the king granted the monastery to one , and the parsonage and rectory to another : it was the opinion of the justices , that if the land of the abbey was the glebe of the parsonage before the impropriation , that then the land was discharged of tithes ; for it remains glebe notwithstanding the appropriation , and the glebe cannot be gained by prescription , nor was ever chargeable to pay tithes : and if the parson doth make a lease of his glebe , the lessee ( as was there said , contrary to what was before said ) shall not pay tithes ; but the demesns of the abbey , not parcel of the glebe , should be chargeable to pay tithes , if they were not discharged in right of a composition or perpetual unity . grass pays a predial tithe ; but if a man cut grass , and before it be made into hay , being only put into swathes , he carry it thence and give it to his plowing cattel for their necessary sustenance , not having otherwise food sufficient for them ; in this case no tithes shall be paid for the same , and prohibition was granted . mich. . car. b. r. crawley & wells . per curiam . the case was , where j. libelled in the ecclesiastical court for the tithes of the profits , which came of the grass and herbage of pasture-land , and upon a prohibition granted ; p. suggests , that he did feed on that grass and pasture with his own plough-cattel , and with the plough-cattle of other man in the same village . noy , consultation shall be granted ; for though a mrn shall not pay tithes for the cattel of his cart , yet he shall pay tithes for the land whereon they do feed . doderidge justice , where i do agist cattel , and take the cattel of other men to eat up my grass and pasture , there i shall pay tithes for the grass ; otherwise it is , where the grass is only such as i do depasture with my own working cattel . crook cited sherington and fleetwood's case , where a man agists other mens cattel on his meadowgrou●d , whereof he paid tithe-hay afore time ; and it was resolved in this case , that he shall not pay tithes for that meadow-ground now fed with other mens cattel after harvest , and no more than if he had depastured the land with his own cattel . gravel is not tithable . mich. . eliz. b. r. & pasch . . eliz. c. b. liff and watt ' s case . grain is computed among the predial tithes , which is to be set out according to the statutes and the usage of the place , brownl . . . which holds true of all sorts of grain in all grounds within the parish : the law is the same touching hay in meadows . grounds lett to strangers out of the parish , the tenth-peny of the rent is commonly payable to the parson , if no custome against it . or ground within the parish lett to a stranger without the parish , is tithable by the ower of the cattel , unless the custome there be osherwise . or if the ground be fed with cattel that bring no profit to the parson , the owner thereof must pay tithes for them . or ground fed with the cattel of a stranger within the parish , which brings no profit to the parson or vicar , he is to pay tithes for it ; the case therefore seems the same , if both the ground and the cattel be his own that is the stranger , in case he work them in another parish . but the studs of ground or the meers thereof at the ends of land , and adjoyning to the arable-ground , are not tithable where the land it self pays tithe , unless where being mowed for hay , it hath used to pay tithes . h hay pays a predial tithe , and is to be tithes in swathes , windrows , or cocks , as the custome of the place is . or if the custome be to measure out the tenth part , as the grass grows on the land for hay , the custome is good ; and the tithe of hay may be set forth in grass-cocks , where the custome doth not oblige to make it into hay-cocks a . and if hay be put into ricks on the ground , and after sold , the buyer cannot be sued for the tithe ; the seller may , in case the tithe thereof were not paid before . hill. . jac. by three justices in ashfield's case . and where two crops of hay are had from the same ground in the same year , tithe shall be paid as well of the latter as of the former b . also tithe shall be paid of the hay made of grass growing in orchards . co. . instit . . but no tithe hay shall be paid for the grass growing upon headlands , which are only large enough for the turning of the plough c ; but not for grass cut in meadows to feed the beasts of the plough , and not made into hay . trin. . car. b. r. wells vers . crawly . yet on some headlands tithe may be payable of hay , for suppose that in an arable field there be much grass on the headlands thereof , and there be a prescription to pay the tenth shock of corn there for all the hay on the headlands and rakings of the corn , and for tying of horses on the headlands , such prescription was held good to discharge the tithe of the hay upon such headlands d . and although a second crop of hay from the same ground the same year is tithable , as aforesaid , yet regularly the hay of the aftermath pays no tithe , except there be a special custome for it ; the rule being , that tithes shall be paid ex annuatis renovantibus simul & semel e . and where the custome is not otherwise , the parishioner ought to make the grass into hay for the parsons tithe f . yet when the tithes of grass are severed from the nine parts , the parson de jure may make it into hay upon the land where it grew , and that de jure , as well as the parishioner himself ; and so adjudged in the parson of columbton's case in devon , and the prohibition denied accordingly ; where the parson had alledged a custome of doing so , but the court held that to be needless . hill. . jac. b. r. newbery and reynold's case , per curiam . and in this case it was held , that the parson may go over the parishioners ground in the path-way to make the said grass into hay , for that is incident to the tithes . a man is not bound to make into hay the tithes of the grass which he cuts ; but he may set forth the tithes thereof when it is in grass-cocks , for he may then sever the tithes of grass from the nine parts . pasch . jac. b. hide & ellis , hob. case . contr. hill. jac. b. r. barham & goose . p. . jac. b. r. per cur. and prohibition denied ; tr. jac. b. r. poppinger & johnson per cur. and prohibition denied . pasch jac. b. r. per cur. and prohibition denied . p. . jac. b. r. hob. . hall & simonds , adjudged . likewise , a man is not bound to sever the tithe of grass before it be put into grass-cocks , and hath set forth the tenth part ; for he may put it into grass-cocks out of the swath , and then set forth the tenth part . ibid. suit was for tithe-hay in the ecclesiastical court by the parson ; it was surmized , that they had time out of mind paid to the vicar d. for the tithe-hay . the court awarded a consultation , for that the modus decimandi doth not come in question ; but this he may plead in the ecclesiastical court g . and in gomersall and bishops case for tithe-hay , the court held , that if there be variance between the surmize and the declaration , all is ill . in another case in a prohibition , it was surmized , that time out of mind the owners of the land had found straw for the body of the church in discharge of all tithes of hay : it was the opinion of the court , that it was no good surmize , for that the parson had no benefit of it ; and a consultation was awarded h . heath , furse , and broom , tithe shall be paid thereof , unless the party set forth a prescription or special custome , that time out of mind there hath been paid milk , calves &c. for the cattel that have been kept upon the same lands ; in which case they shall not pay tithes i . hemp pays a predial tithe . co. magn. char. . herbage of ground , whereon corn was sowed the same year , and whereof tithe hath been paid the same year , is not tithable k . if herbage he sold , it is at the parsons election , whether he will sue the owner of the cattel that feed thereon , or of the ground , for the tithe thereof , if custome be not against it . and as for herbage growing at lands-ends , adjoyning to the arable , pays no tithe , where tithe was paid for arable l . where an innkeeper hath paid tithe-hay of certain lands , and the rest of the year after puts into the same the horses of his guests , no tithes shall be paid for the herbage of such horses ; for it is but the after-pasture of the same land , whereof he had paid tithes before . trin. jac. b. r. richardson & cable , per curiam , prohibition granted . honey is tithed by the tenth measure thereof . a prohibition was prayed for suing for divers kinds of tithes , & inter alia for honey , upon a surmize that it was not payable , that bees are volatilia : it was thereupon demurred ; but the opinion of the court was , that tithes are to be paid for honey , for so is the book fitz. n. b. and therewith agreeth lindwood ; wherefore the court awarded that there should be a consultation l . hops pays a predial tithe , and regularly are accounted inter minutas decimas ; yet in some cases they may be great tithes , in places where they are much set or planted m . mich. . jac. b. a man may set forth the tenth part of his hops for tithes before they be dried . hill. jac. b. r. in barham and goos's case , put by serjeant hitcham , and agreed by mountacute . hop-poles or wood cut and employed for them , are not tithable where tithe - hops are paid . and so it hath been resolved , that if wood be cut and employed for hop-poles , where the parson or vicar hath tithe-hops , they shall not have tithes of the hop-poles . so if a man hath a great family , and much wood be felled and spent in house-keeping , tithes shall not be paid of such wood. mich. jac. c. b. by hobart chief justice , white & bickerstaff's case . houses of habitation , or dwelling-houses are not properly tithable , no tithe payable for the same , nor out of the rent reserved for them being lett ; yet by a custome tithes may be paid for rent reserved upon domise of houses of habitation , although it be otherwise do jure , for it might commence on good consideration . co. . dr. grant . vid. leyfield's case . prohibition granted . otherwise of new houses , whereof there can be no custome . ibid. but regularly houses are not at all tithable , nor were tithes anciently paid for houses in london , the profits of the churches whereof , consist only in oblations , obventions , and offerings , co. ibid. but by a decree made an. . and confirmed by act of parliament , stat. h. . cap. . there is s. d. made payable to the parson for every pound of house-rent for the tithes of the houses in london . hob. . but if a modus decimandi be alledged to pay d. in every pound of rent for every house in such a parish in london , it is a good modus decimandi . the aforesaid s. d. is to be raised and made up according to the usage and custome of the city . stat. h. . . & h. . . and no tithes are payable for houses in any city save london , where a prescription to be discharged of tithes of a house , by paying d. of every pound rent in lieu thereof , is ( as aforesaid ) a good prescription . co. . . but tithes regularly are not payable for houses of habitation , nor of any rent reserved upon any demiss of them ; for tithes are to be paid of things which grow and renew every year by the act of god. and for the houses in london tithes anciently were not paid , as aforesaid ; yet the parson of st. clements without temple-bar libelled against a parishioner for tithes of certain stables 〈…〉 set forth in his libel , that of 〈…〉 ●●scription time out of mind , the 〈…〉 had used to have a modus decimandi , after the rate 〈…〉 tenth-part of the yearly rent or value of the same 〈◊〉 was the opinion of the court , that in this case a prohibition should be granted ; for de communi jure no tithes are to be paid of the yearly rent or value of houses , for tithes are paid of the revenue and increase of things ; and therefore no tithes are paid for houses in any cities or towns in england , saving in london ; and this parish is out of london and the liberties thereof : now where there is no tithe at all , there can never be a modus decimandi , and yet it seems this kind of payment hath been long used in london , which certainty was by use . but for houses , oblations were paid in all places ; which are now by the stat. brought to a certainty , viz. d. for a house . trin. . jac. c. b. dr. leyfield and tindall's case . hob. . . in green and piper's case it was agreed by the justices , that a house in london , which was parcel of the possession of a priory , which was discharged of the payment of tithes , should by the stat. of h. . be charged with the same . one who was a curate and sequestrator only of the rectory of d. in london , the incumbent being suspended , sued four of the parishioners in the ecclesiastical court for tithes of their houses , and not before the mayor of london , according to the statute of h. . the court doubted of it , especially because the party was neither parson nor vicar , and because the statute is a new law , and appoints how the tithes in london shall be paid and ruled , and before what judges , and what remedy shall be for the party grieved ; and day given to hear counsel on both sides n . in the case aforesaid between green and piper o , when suit was in the ecclesiastical court for the tithes of a house in london , a prohibition was prayed upon a surmize , that the house was a priory , which was discharged of tithes by the pope's bull , and the statute of h. . which gave their possessions to the crown , did ordain , that the king and his patentee of such lands should be discharged of tithes ; yet a consultation was awarded , because by a latter statute , viz. h. . cap. . all houses in london shall pay tithes according to their ordinances , and the statute extends to all houses , and none excepted but the houses of noble-men . l lambs are computed among the mixt tithes . to pay pence apiece for lambs , when the number is less than seven , is a good prescription . patche's case . or rather thus , viz. if the parishioner hath six lambs , or under , he shall yield for tithe a halfpeny for every lamb : if he hath seven lambs , then he shall yield a lamb for his tithe , and receive three-halfpence from the parson : if eight lambs , then a peny : if nine lambs , then a half-peny from the parson , who may otherwise expect the fall of the tenth lamb the year next following . lindw . cap. quoniam propter . also the tithe of lambs is to be apportioned with respect to the places where they were engendred , brought forth , and nourished . lindw . cap. quoniam audivimus . and regularly the time of payment is , when they are weaned from the dam , unless the custome of the place be otherwise . to stay a suit in the ecclesiastical court for the tithe of lambs a prohibition was prayed , upon a surmize the custome to be , that if one hath lambs under the number of seven , he ought to pay a halfpeny for every lamb in lieu of all tithes of lambs ; if he hath but seven , then the parson to have the seventh , and he to pay three-pence ; if eight , then two-pence ; and if he had ten , the parson should have the tenth without paying any thing : resolved , that this being a custome , which they refused to allow in the ecclesiastical court , a prohibition should be awarded p . lands accruing to the crown by the statute of h. . touching dissolutions , are now tithable , though whilst they were the lands of religious houses they were not tithable ; but their priviledges being personal , they were extinguished by the said statute of dissolutions , nor hath the statute of h. . retrospect to the said priviledges . jac. c. b. garret and wrigh's case . & car. b. r. clark and ward 's case . vid. sr. strickland's case . adjudged at york assize accordingly . clayton's rep. . & car. adjudged in another case . also lands gained from the sea , and made arable , must pay tithes . bulstr . . . so must lands in themselves tithable , but not manured or ploughed , specially if so in prejudice to the parson ; in which case he may sue the occupier of such lands in the ecclesiastical court for the tithes of that land. vid. car. c. b. per berkley justice , adjudged . lops of trees above twenty years growth shall pay no tithes q ; for it hath been held , that if a man lop a tree under twenty years , growth , after suffer the tree to grow past twenty years , and then lop it again , no tithe shall be paid for the second lopping , although the first lopping were not tithe-free r . it was resolved in reynold's case , that tithes shall not be paid of the lopping of trees above twenty years growth . more 's rep. lime is not tithable ; adjudg . eliz. b. r. & pasch . . eliz. c. b. liff and waltt's case : nor marle , bricks , slates , or tiles , unless the custome of the place make them tithable ; otherwise not , because they do not annually increase , and because lime is part of the freehold . mich. jac. b. thomas and perrye , per curiam . m mast of oak or beech , if sold , the tenth-peny is payable for the tithe therof ; but if eaten by swine , then the tenth of the value or worth thereof . meadows by ill husbandry over-run with thorns , bushes , and the like , are not computed as barren lands , but do still remain tithable . hill. eliz. b. r. sherington and fleetwood's case . vid. . car. b. r. sugden and cottle's case . mills , the tithe thereof , as also of parks , ponds , warrens , dove-coats , and bees , seem primo intuitu , as if they were all predial tithes . for the tithe of mills , not the tenth peny-rent , but the tenth measure of corn grinded at the mill , is responsible for the tithe ; understand it of corn - mills , whether new or old , driven by wind or water ; for the tithe whereof generally the tenth toll-dish is due , if there be not some other custome in the place . and whereas by the law and the ancient constitutions of the church tithes were not paid of ancient mills , yet by the statute of articuli cleri , cap. . tithes are to be paid for all mills newly erected : so that de molendino de novo erecto tithes shall be paid . trin. . jac. b. r. so that all new corn - mills , be they wind or water - mills , also fulling - mills , paper - mills , powder - mills , stamping - mills , ( and probably for the same reason saw - mills ) iron - mills , and all others that are of common and publick use , do pay tithes ; but old corn - mills , for which no tithe was ever paid , no tithe is to be paid , except a personal tithe , as is for a trade of profit : and such tithe shall be paid of fulling - mills , rapt - mills , paper - mills , iron - mills , powder - mills , lead - mills , copper - mills , and tin - mills ; for such mills pay no tithe as mills , because they are but engines of their occupation , johnson's case . & cro. . & bulstr . . . & fitzh . n. b. . g. & co. . . only the millards are to pay a personal tithe , as aforesaid , as for a handicraft , or faculty . therefore a fulling-mill as such pays no tithe . hill. jac. b. r. between dawbridge and johnson , parson of buckfield . for there being a fulling-mill , which fulled clothes a week , and gained two shillings for every cloth : it was held , that there was no tithe to be paid thereof . cro. . abridg. case . but a corn - mill newly erected , though upon land discharged of tithes by the statute of monasteries , must pay tithes ; and so of every new erected mill on a mans own ground . ibid. cas . . notwithstanding the premisses it seems somewhat questionable , whether any tithes are due for mills de jure , or not ; for the lord coke . instit . . par . . says , it was never judicially determined that ever he knew of . if mills do not yield a predial tithe , yet doubtless the millards are to yeild a personal tithe , as well as other handicrafts-men , but custome in this , as in other cases prevails . it hath been adjudged trin. . jac. b. r. that where a parson libelled in the ecclesiastical court for tithes of a mill , which was erected upon lands which were discharged from payment of tithes by reason of priviledge within the statute of h. . that a prohibition would not lie in that case : for that de molendino de novo erecto tithes ought to be paid . mich. eliz. in hapers rep. acc . but in the other case of the fulling-mill aforesaid , where the parson libelled in the ecclesiastical court for the tithes thereof , and suggesting , that the miller fulled every week clothes , as aforesaid , and gained two shillings of every cloth , demanded tithes for them : a prohibition was granted in that case ; for it was said by the justices , that by the law of the land he ought not to pay tithes of such mills ; for of such things as come only by the labour of men tithes are not payable , but of things which are renewable every year . dict . cas . dawbridge & johnson . cro. par . . . and in another case , where a man libelled to have tithes of mills upon a suggestion of a modus decimandi for the same , a prohibition was granted : in that case it was said by coke chief justice , that in some cases tithe is payable for mills , and in some cases not . no personal tithes by the statute is to be paid of mills , but where by special usage the same hath been paid ; and whereas a modus decimandi was alledged to pay tithes for mills , it was resolved , that the modus did not extend to mills newly erected , upon the statute of articuli cleri ; for de molendino de novo erecto solvuntur decimae . trin. jac. b. r. jake's case . bul●●r . pa. . . if two fulling-mills be under one roof , and a rate-tithe paid for 〈◊〉 mills , and after you alter these mills , and make one of them a corn-mill , the rate-tithe is gone , and you must pay tithes in kind . brownl . pa. . cases in law. if there be two ancient corn-mills time out of mind , &c. for which s. d. have been paid for the tithes time out of mind , &c. and after in continuance of time the mill-stream doth change his course , and goes another way at a little distance from the ancient stream , and thereupon the owner of the mills pulls down one of the ancient mills , and new builds it in that other place where the stream now runs : in this case it shall be discharged of any tithes by force of the ancient modus , for that happened by the act of god , and not by the act of the party ; and prohibition was granted accordingly , mich. car. b. r. johnson and dawbridge's case , resolved per curiam . but withal the court held , that if the stream had been altered by the owner , tithes ought to have been paid as of a new mill. in another case it being libelled in the ecclesiastical court for tithes of a grist-mill and of a fulling-mill , crook agreed , that for a grist-mill tithes shall be paid ; but he said , that the statute de articulis cleri , which speaks de molendinis non fiat prohibitio , ought not to be meant or intended of a fulling-mill , for the profit that accrues by that , is by the labour of men , and therefore not intended within the general words of the statute de molendinis , for which reason he prayed a prohibition . calthroppe said , that it was the opinion of justice warburton and nicholls , jac. that tithes shall be paid of fulling-mills , viz. the tenth-peny of the gain or profit ; but of grist-mills the tenth-dish of corn shall be paid , for that is in the nature of a predial tithe : and so it was held jac. in the case between vbi and lux , vid. lindw . provin . constit . but yet doderidge held , that if there be not a special custome alledged for the payment of tithes of a fulling-mill , tithes shall not be paid thereof ; for he had spoken ( as he said ) with the civilians , who held that tithes should be paid of such a mill ; but they could not agree what manner of tithe it is , for some said it is a predial tithe , others , that it is a personal tithe ; but he said it could not be a predial tithe , for it wholly accrues by the labour of man ; and if so be that he should have that tithe as a predial tithe , then another tithe would be demanded of him who sheers the cloth , and also of the dyer thereof , and so tithes should be paid many times for the same cloth : but the usage or custome of the countrey is to be considered . and for tin-mills , or lead-mills , or plate-mills , ragg-mills , or edge-paper-mills , no tithes shall be paid ; and to this agreed doderidge , houghton , and croke : and therefore as to the grist - mill , a consultation was granted , and as to the fulling - mill , there was a prohibition . pasch . jac. b. r. roll. rep. par . . a parson libelled in the ecclesiastical court for tithes of a mill , which was erected upon lands discharged of tithes by the statute of monasteries , h. . a prohibition was prayed , but denied by the court ; for de molendino de novo erecto non jacet prohibitio . trin. jac. b. r. cro. par . . also in another case where it was moved for a prohibition , upon a suggestion of a modus , to pay so much by a custome for all mills erected , or to be erected , and this appearing to be a new-erected mill : whether the custome shall run to this or not upon the statute of articuli cleri , c. . was the question . coke chief justice , this modus cannot go to this new mill ; for an ancient mill your modus shall be allowed , but not for the mill newly erected , the custome will not extend to it ; and therefore by the rule of the court , for this new mill a consultation was granted . mill-stones , if one pair thereof be turned into two pair , both of them shall pay tithe , and their priviledge ( if they had any ) will be lost . johnson's case , & fitzh . n. b. i. g. co. . brownl . . . so that if there be but one pair of mill-stones in a mill , and a rate-tithe be paid for them , if afterwards there be another pair of mill-stones put on , now tithes must be paid in kind . brownl . ibid. milk paying tithe , exempts the payment of tithe-cheese made of the same milk. et è contra . mines or minerals of iron , brass , tinn , lead , copper , coles , and the like , are not tithable . register . f. n. b. . . broo. dismes . mixt tithes are of the profits of such things as arise partly from the labour and care of men , and partly from the earth whereof the things are ; and sometimes are called predial mediats , and come not immediately of the ground , but of things maintained out of the ground , as cattel , calves , lambs , kids , wool , milk , cheese , chicken , geese , ducks , swans , eggs , &c. mixt tithes are properly such as come of milk , cheese , &c. or ex foetibus animalium , quae sunt in pascuis , & gregatim pascuntur , ut in agnis , vitulis , haedis , caprcolis , pullis , &c. coke , magn. chart. . modus decimandi is the payment of something in lieu of the just and full tithe of a thing tithable , legitimated by composition , custome , or prescription ; it is when lands , tenements , or hereditaments have been given to the parson and his successors , or an annual certain sum , or other profit alwaies time out of mind to the parson and his successors , in full satisfaction of all tithes in kind in such a place ; and all presidents in prohibitions in discharge of tithes in case de modo decimandi run thus , viz. that such a sum had been alwaies paid in plenam contentationem , satisfactionem & exonerationem omnium & singularum decimarum . and although the sum be not paid , yet cannot the parson sue for tithes in kind ; not for the tithes in kind in the ecclesiastical court , but for the money in the temporal . trin jac. in the case de modo decimandi prohibitions debated before the k. coke , select . cas . , & . in biggs case it was resolved , where a prohibition is awarded upon a suggestion of a modus decimandi , and a consultation awarded for not proving the suggestion within six months , there a new prohibition shall not be awarded upon an appeal in the same suit. more . this modus decimandi refers only to the reality , viz. the tithes , and not to the personalty , viz. the offerings p . nor can it begin at this day , but is and must be by prescription , and is intended to have a lawful commencement upon some agreement at first made for valuable consideration with the parson or vicar q . and if the modus decimandi be to pay a sum of money for the tithe of a piece of ground , which is after turned to houses and gardens , the modus continue r . yea , it doth so actually discharge and extinguish tithes , that they are thereby turned into a lay-fee , as well as the nine parts s . touching this modus decimandi there are some things that seem doubtful and unresolved in the law ; as if the modus be of land given to the parson in satisfaction of tithes , and the land after happen to the evict , q. if the tithes in kind do not in such case revive ? t . or if lands be once discharged of tithes by a modus decimandi , q. whether the tithes shall revive again upon failure of the modus ? u but if land be granted to the parson in satisfaction of tithes , if the parson alien the same without the consent of the patron and ordinary , his successor shall have juris vtrum w if a man prescribe to pay a modus decimandi for the tithe of certain lands , if the land be afterwards lett to farm , and the farmer pay the tithe in kind , yet it shall not destroy the prescription as to the lessor x . if a lessee pay tithes in kind , yet that shall not destroy a modus in the lessor * . but if the modus decimandi be of a thing for which no tithe is due de communi jure , it is not good ; nor can it stand to rise and fall according to the rent by prescription : as of houses in london y . that the trial of modus decimandi ( as the common lawyers affirm ) belongs to the temporal , not the spiritual courts , and for the grounds of prohibitions in such case † . if the ecclesiastical court allow not of any such thing as a modus decimandi , it is because the canonists do hold tithes to be due jure divino , and consequently not extinguishable in the whole , nor diminishable in part by any custome or prescription in opposition to the law of god. the temporal courts will admit them also to be jure divino , but do allow if so only secundum quid , viz. quoad sustentationem cleri , but not quoad decimam aut aliquam aliam certam partem ; and therefore do admit of a modus as to the quantum , where there is a sufficient maintenance for the clergy besides ; which is not only allowed , but also confirmed by act of parliament * . so that if the lord of a mannor grants parcel of his mannor to a parson in fee to be quit and discharged of tithes , and makes an indenture , and the parson with the assent of the ordinary ( without the patron ) grants to him , that he shall be discharged of tithes of his mannor for that parcel of land ; if afterwards the said lord of a mannor or his assigns be sued in the ecclesiastical court for tithes of his mannor , he or his assigns shall have a prohibition upon that deed ; and therefore , if the lord of the mannor hath alwaies holden his mannor discharged of tithes , and the parson had time out of mind lands in the same parish of the gift of the lord , of which the parson is seised at this day in fee , in respect of which the parson nor any of his predecessors ever had received any tithes of this mannor : if the parson now sueth for tithes of this mannor , the owner of the mannor shall shew that special matter , that the parson and his successors time out of mind have holden those lands of the gift of one who was lord : and the same is good evidence to prove the surmize in the prohibition a . and in another case of a modus decimandi it was holden by the court , that if a modus decimandi be for hay in black-acre , and the party soweth the same with corn seven years together , the same doth not destroy the modus decimandi ; but the same shall continue when the same is made again into hay : and when it is sowed with corn , the parson shall have tithen in kind , and when the same is hay , the vicar shall have the tithes-hay , if he be endowed of hay b . and where a suit was in the spiritual court by a defendant vicar of a. for tithes : a prohibition was prayed upon the plaintiffs plea there of a modus decimandi , to pay so much yearly to the parson of a. in discharge of his tithes . it was the opinion of the court , that this modus between him and the parson will not discharge him from payment of tithes to the vicar , and therefore the court granted a consultation c . also if a prescription be laid to pay a modus decimandi to acres , or to several things , if there be a failure of one acre , or of one thing , it is a failure of the whole prescription d . monasteries under l. per ann. commonly called the lesser monasteries , of the order of gistertians and praemonstratenses , that were dissolved and came to the crown by the statute of h. . were not discharged of the payment of tithes by the statute of h. . c. . e by which statute those of l. per ann. and upwards , commonly called the greater abbies , were dissolved ; and whereby it is enacted , that the king and his patentees , having any monasteries , &c. or any mannors , lands , &c. belonging to them , should enjoy the same discharged of the payment of tithes in as ample manner as the said abbots , &c. f who were discharged of tithes either by bulls , compositions , prescription , order , or unity of possession . and albeit the lands of the said lesser monasteries are not within the benefit of the said statute of h. . to be quit of tithes ; yet they ought to enjoy all such priviledges as are annex'd to the lands , for which reason they shall ( in whose possession soever they are ) be exempted from the payment of tithes by real compositions and prescriptions de modo decimandi , though not by prescriptions de non decimando , unity of possession , order , or popish bulls , in all which cases the parsons and vicars have the advantage by the dissoltion of all those monasteries and abbies , which were dissolved by the statute of h. . for these lesser monasteries under l. per an. which were ( as aforesaid ) dissolved by the statute of h. . lost their priviledge of being discharged of the payment of tithes . nor did the priviledge extend to any lands , other than such as they had at the time of the council of lateran , and only for such time as the same remained in their own possessions , and only for such lands as were in their own manurance g . it is said in dickenson's case against greenhowe . that monks are not of evangelical priesthood , viz. capable of tithes in pernancy , but meer lay-men , and cannot prescribe in non decimando . and that bede saith of them , that they are meer laici , and the monks of the order of praemonstratenses were such , and therefore they could not prescribe to be discharged of tithes h . mortuaries , in some place called coarse-presents , though they are not tithes , yet they were given pro recompensatione subtractionis decimarum personalium , nec non & oblationum . lindw . c. statutum & infra , &c. for which reason they are not here omitted out of this catalogue of tithes . mortuaries ( as sir edw. coke conceives ) were not anciently due otherwise than by custome only i , until they were settled by the statute of h. . cap. . whereby it is enacted , that no man dying possessed of goods under the value of l. s. d. should pay any mortuary , nor any to be paid , but in such places where they used so to be , and that but one mortuary ; nor that , but in one place , and that where the party deceased had his most constant abode , and usual dwelling and habitation , after the rate following , viz. s. d. where the deceased had in moveables ( his debts first paid ) to the value of l. s. d. and under l. at his death . s. d. if he died possessed of moveables to the value of l. and under l. s. if to the value of l. or upwards . and none to be paid by any married woman , child non-housekeeper , wayfaring-man , or non-resident in the place where he died . which statute provides , that accustomed mortuaries should be paid as formerly , whether more or less than is before limited k . there were also it seems certain mortuaries , which the prelates anciently paid to the kings of this realm l . a mortuary is not properly and originally said to be due to an ecclesiastical incumbent , parson , or vicar , from any but those only of his own parish , to whom he ministreth spiritual instruction , and hath right to the tithes . lindwood in his gloss on c. statutum , ver . ut infra , de consuetud . discovers the ground or reason of that payment to be this , viz. that when through ignorance , and sometimes through negligence , and unjust detention of tithes and oblations the parishioner was found tardy and faulty , &c. ideo statuit archiepiscopus , quod compensatione sic subtractorum , secundum melius animal defuncti ecclesiae damno debuit applicari . but all this notwithstanding , we know the prevalency of custome to be such , that in some places of this kingdom they are paid to the incumbents of other parishes , that perform no ministerial duties at all to the deceased party , nor living nor dying . and the statute of h. . c. . doth nothing at all controll the course , but makes the usage of payment only to be the law thereof . in the case of a prohibition , because the defendant sued in the consistory court of chester , before the commissary , for a mortuary , after the death of every priest withi nt the archdeaconry of chester , the best horse or mare , his saddle , bridle , spurs , his best gown , his best signet or ring , his best hat , his best upper garments under his gown , as to the bishop , de debito consuetudine fore supponitur , and recites the statute of h. . concerning mortuaries . the plaintiff averred , that there was no such custome there , and that she had paid a mortuary to the parson of b. and that after a prohibition the defendant had prosecuted his suit in the ecclesiastical court. the questions were , ( ) whether there was a custome in that place , to give such things for mortuary ? and this to be a just cause to have prohibition ; mortuaries being only triable in the ecclesiastical court. ( ) whether consultation shall be granted without answering the prohibition . the court was divided in opinions , wherefore ordered the defendant should plead or demurr , and then the court would give judgment upon the return before them . n nag or riding nag ; if a man keep a nag or horse within the parish only for his saddle to ride on , no tithes shall be paid of that nag or horse , for that it is a barren beast , not renewing , but kept only for labour ; and so adjudged in the parson of thimblethorpe's case , where the case was , that a man leased out certain lands to another , reserving to himself the running of a nag for his own riding ; and after the lessor was sued in the ecclesiastical court for the tithes of that nag , and a prohibition was granted by mountague , crook , and doderidge , for that it is a barren creature , and used only for riding , ( and although it was urged at the bar , that the lessee paid him tithes for all the herbage ; but the court took no advantage of that . ) but houghton seemed è contra ; for it seem'd to him , that no barren cattel should be discharged of tithes , other than such as are used for husbandry . but that was not used for husbandry , ergo , &c. and in the case of a prohibition between hampton and wilde : it was resolved , that tithes shall be paid for pasturage of a gelding for his saddle , or if it be sold ; but not for horses used only for labour . in a prohibition the case was , m. the defendant being parson of d. did libel in the ecclesiastical court for the tithes of sylva caedua , and of the herbage for depasturing of his geldings : the plaintiff there shewed , that they were his hackney geldings , which he kept for his pleasure , and for himself and his servants to ride upon , being his saddle horses : and this plea being there refused , for this cause he prayed a prohibition : the whole court was clear of opinion , that here was good cause for a prohibition , for that these horses are not tithable , nor any tithe-herbage is to be paid for them ; otherwise it were , if they had been cart-horses , which he had to till his ground , or for cattel bought , and fatted to sell again for gain ; for these he ought to be answerable to the parson for the herbage of them , but not for the herbage of his geldings by him kept and used only for his pleasure ; but it was for working horses , for the cart or plough , or for fat cattel , bought and and fatted to sell again , of such cattel allowance is to be made for their herbage , because that a profit doth come in by them ; but otherwise it is of saddle-horses : the whole court agreed in this , and therefore in this case , by the rule of the court , a prohibition was granted . nurseries of young trees and plants pay tithes : if a man be seised of land within a parish , which used to pay tithes , and a nursery be made thereof for young trees and plants of divers kinds of fruit , as apples , pears , plums &c. also of ash , &c. and after sell divers of them to strangers out of the parish to be transplanted , he shall pay tithes of that nursery to the parson ; for although the young trees are parcel of the freehold , so long as they continue there , yet when they are transplanted , they are severed and taken from the freehold ; and if that should be permitted without payment of tithes , the parson might be defeated of the tithes of all the land in the parish , by converting them into nurseries . hill. car. b. r. gibbs & wiburne adjudg . per cur. upon a demurrer and a consultation granted accordingly . intrat . mich. car. rot. . cro. par . . o oaks beyond years growth , that are become dry and rotten , and thereby not fit for timber , shall pay no tithe , because they were once priviledged . and if oaks beyond years growth have been used to be topt and lopt within every years , yet no tithes shall be paid of these tops and branches cut within years growth , because their stock is discharged of tithes . trin. eliz. b. r. ram & patteson . mich. jac. b. brook & rogers . & co. . sampson & worthington , . b. adjudg . it was also resolved in wray and clenche's case , that small oaks under twenty years growth , apt for timber in time to come , shall not pay tithes . mores rep. likewise oaks top'd within the age of years , and after the lop left to grow beyond years , no tithes shall be paid , for it is now become timber . mich. jac. b. per coke . and oaks decayed , that are not timber , but converted to firewood , shall notwithstanding not pay tithes . more . case . oblations , obventions , and offerings , seem to be but one and the same thing , and are in a sense something of the nature of tithes , being offered to god and his church of things real or personal . offerings are reckoned amongst personal tithes , and such as come by labour and industry , paid by servants and others once a year to the parson or vicar , according to the custome of the place ; or they are to be paid in the place where the party dwells at such four offering-days , as before the statute of & ed. . c. . within the space of four years then last past had been used for the payment thereof , and in default thereof . cro. . abridg. case . in london offerings are a groat a house . they are by the law now in force to be paid as formerly they have been . vid. stat. h. . . h. . . & . ed. . . & co. . . they properly belong to the parson or vicar of that church , where they are made . of these some were free and voluntary , others by custome certain and obligatory . they were anciently due to the parson of the parish , that officiated at the mother-church or chappels that had parochial rights ; but if they were paid to other chappels that had not any parochial rights , the chaplains thereof were accountable for the same to the parson of the mother-church . lindw . c. de oblation . & cap. quia quidam . such offerings as at this day are due to the parson or vicar at sacraments , marriages , burials , or churching of women are only such as were confirmed by the statute of ed. . . and payable by the laws and customes of this realm before the making of the said statute , and are recoverable only in the ecclesiastical court. orchard , the soil whereof is sowed with any grain , the parson may claim the tithe thereof , as well as of the fruit of the trees , because they are of several kinds , and of distinct natures . coke magn. chart. . p park , if converted into tillage , shall pay tithe in kind , for a park is but a liberty ; a discharge therefore of the tithes of a park is not a discharge of the tithes of the very soil , which may be converted into tillage a . or if there be a modus decimandi of the park , and the park be disparked , and the land converted into tillage or hop-ground , or the like ; in this case though tithes in kind are not payable , yet the modus shall remain . the case is the same , if the park be disparked by having all the pales fallen down , which in law is a disparking of the park . sed q. b . for to pay a buck or a doe , or the shoulder of a deer , when one is killed , may be a good modus decimandi for the tithe of a park . a vicar having two shillings yearly , and the shoulder of every third deer killed in a park , the park being disparked , the vicar sued for tithes in kind . the court was divided in opinion : nicholls and hobart justices , that notwithstanding the disparking the modus did remain : winch and warburton justices , that by the disparking the prescription as to the modus decimand was determined , and that the tithes should be paid in kind . quaere c . where a park is disparked , if the park paid ten shillings , or any other sum for all tithes , and now disparked and sown with corn , here only the ten shillings shall be paid ; otherwise , if the prescription be for the deer and herbage of the park , and not for all the park ; for in such case tithes in kind shall be paid , if it be disparked and sown with corn. a modus to pay so much money for the tithe of a park is good , though the park be disparked * . if one shoulder of every deer killed be prescribed to be paid for all tithes , and it be after disparked , here the tithe in kind shall be paid ; or if the prescription be to pay ten shillings and a shoulder of every deer , and it be disparked , here it shall pay tithe in kind , and not the ten shillings only d . upon a surmize of a modus decimandi to pay a buck or a doe for all tithes of a park , a prohibition , was prayed , and granted e . if a modus decimandi be to pay two things , as two shillings for a park , and a shoulder of every buck kill'd in the park , and all the deer die , or are kill'd up , yet the prescription holds good for the two shillings f . and although tithes are to be paid for a park , yet deer , as being ferae naturae , are not tithable , saving where the custome is otherwise g . in thursbie's case , where suit was for tithe-corn growing in a park lately disparked , the defendant pleading a custome to pay venison in lieu of all tithes , and proof that a buck was paid yearly , but whether out of this park or not was a non constat : the jury found , that if it was paid out of any park , and accepted and allowed , this was better to uphold the custome , than if particularly tied to pay a deer out of this park ; for now , if the park be disparked , yet this payment of the deer may be performed : otherwise , it is , if the custome had been a deer out of this park only , for then by the destroying of that , the custome is gone also . it was holden in this case by the judges , that although the deer had been often , and for the most part paid out of this park , yet this doth not alter the custome , if it may be paid out of any park ; and if the custome were to pay a shoulder of venison generally , it may come out of any park h . partridges made tame , do pay not a predial , but a personal tithe . pasture yields a predial tithe , which is generally paid by the owner thereof , and so is the custome ; yet pasture-grounds sed with cattel that yield profit to the church , have their tithe satisfied in the fruit of the beasts . and if they belong to a stranger who is not of the parish , if he fell the pasturage , he is answerable for the tenth peny ; but if he frankly giveth it , and the parishioner freely receiveth it , the parishioner is answerable for the estimation , if the said grounds be fed with beasts yielding increase ; otherwise no profit at all to the church , if sed only with horses , oxen , and other barren beasts . and as touching the pasture of the horses of guests , the tithe is to be paid by the innkeeper for the same i . but if the said horses be put into such pasture , as is after a crop of hay of the same ground , no tithe is payable by the innkeeper for the same k . nor is the pasture of such horses tithable as the parishioner useth for his own riding , nor the pasture of such horses as are used about husbandry in the parish ; but where horses are kept or bred in pasture that they may be sold , in that case tithe shall be paid for the pasture thereof l . but if tithe be demanded for the pasture of riding nags for the saddle , for labour and pleasure both , but not for profit properly , a prohibition will lie m . nor is the pasture of oxen used for husbandry tithable , that is , being used for husbandry in the same parish ; it may be otherwise , if they be used for other purposes , or for husbandry out of the parish . mich. jac. c. b. in baxter's case . and as touching tithe of the pasture of guest-horses by an innkeeper , as hath been formerly mentioned ; the case was , a. parson of b. libelled in the ecclesiastical court against c. an inn-keeper , because that the said c. took all the benefit of his pasture , by putting guest-horses into the same : whereupon c. prayed a prohibition , but it was denied by the court ; for that it is tithable in this case . but it was said , that if c. had taken a crop of hay , whereof he paid tithe , and afterwards had put in his guest-horses into the after-pasture of that ground where such hay was made ; in that case it had not been tithable , because the parson had tithe of the land before . trin. car. b. r. richardson and cobbell's case . poph. . also if a man lett out his pasture , reserving the pasture of a horse for himself to ride about his husbandry-affairs , tithe shall not be paid for the pasture of this horse ; but if a man keep and breed horses in his pasture to sell them , there tithe shall be paid for the pasture of such horses . trin. jac. b. r. larking and wild's case . poph. . vid. trin. jac. b. r. pothill and may's case . bulstr . par . . . vid. agistment . vid. grass . pease gathered green , to eat in the parishioners family , no tithe shall be paid thereof , and that per legem terrae : but otherwise it is in case they be gathered to sell , or to feed swine therewith , in which tithe shall be paid thereof . pasch . jac. b. per cur. pelts or fells of sheep dying of the rot are not tithable without a special prescription for it : the case was , a. libelled in the ecclesiastical court for the tithes of pelts and fells of sheep , which sheep died of the rot ; a prohibition was pray'd , and granted , to stay proceedings in the ecclesiastical court , because such pelts are not tithable , unless there be a special custome for it . trin. . jac. b. r. ashton and willer's case . pheasants that are tame , pay a personal , not a predial tithe . if a man hath pheasants , and keep them in an enclosed wood , and clip their wings , and they hatch eggs , and breed up young pheasants , no tithes shall be paid of these eggs or young pheasants , for that they are not reclaimed , but continue to be ferae naturae , and would go out of the enclosure , if their wings were not clipt ; and in this case prohibition hath been granted between winbrook and evans , mich. car. b. r. it was surmized , that no tithes are paid of them in a great circuit called the chiltern in the same county , viz. of bucks , and so prescribe in non decimando ; but the court granted the prohibition , for that they are ferae naturae . pidgeons are tithable , mores abr. . but if a man keep a family , and hath pidgeon-holes about his house , and he keep some pidgeons , and he kill and spend in his house the young pidgeons that are bred there , he shall not pay any tithes for them : in this case between vincent and tutt , hill. car. b. a prohibition was granted , and upon the parsons plea , that the parishioner sold them , a consultation . for tithes of pidgeons no prohibition lies , as was resolved in jones and gastrell's case . hill. jac. b. r. roll. rep. for the court there said , that tithes ought to be paid of pidgeons , and for conies , per doderidge justice , to which the court agreed . in the case of a prohibition for suing for tithe - pidgeons , the defendant in the ecclesiastical court pleaded payment , they refuse the validity of that plea without proof by two witnesses : the court said , it would be a great inconvenience to bring two witnesses to prove payment of every sort of tithes , wherefore a prohibition was granted . malary and mariots case . cro. par . . and in another case a prohibition was prayed , where the parson sued in the ecclesiastical court for tithe of pidgeons , and awarded to stand , because the court there would not allow the proof without two witnesses . more 's abr. case . probably the same case with the former . vid. doves . pigs , if there be but nine , as also calves , if there be but six , and the like , under the number of ten in one year , the parson can have no tithe thereof in kind that year , without a special custome for it ; but must have his tithe pro rata either in money the same year , if there be any custome for it , or in kind the next year , reckoning both years together . mich. jac. c. b. pigs are accounted a predial mixt tithes . mich. jac. c. b. pits of stone , lime , gravel , marble , marle , chalk , cole , and the like , are not tithable ; for the land must not pay a double tithe . regist . . f. n. b. . . broo. dismes . plants or young plants transplanted , are in some cases tithable ; for the case was , a man had a nursery of young plants in his ground , and used to transplant them , and to give or sell them to others , who planted them de novo in their ground out of the parish ; the parson of the parish , where the land lay in which they were first planted , libelled in the ecclesiastical court for the tithes of the value of the said plants transplanted , and a prohibition was granted , and declaration thereon given , and a plea given in , and replication , and thereon demurrer ; and it was argued by maynard for the defendant , and rolls for the plaintiff : the only point was , whether tithes should be paid in that case ; it was resolved per totam curiam , that it ought to be paid ; and thereupon a consultation was granted t . the case had been otherwise resolved , if the said plants so transplanted from the said nursery had been replanted in the same parish u . prescription , which refers to a certain person , house , land , or other thing , as custome doth to a county , city , town , hundred , &c. may be considered under two respects , either de modo decimandi , or de non decimando : there is also in some counties a decimando res non decimabiles , a tithing of things in their own nature not tithable , as the tithing of tin and sea-fish in cornwal and devon , lead in derbyshire , &c. but this is by custome , not by prescription , which though in respect of place is regularly of a more extensive latitude than properly custome is , yet in respect of persons and things is regularly under more restrictive limitations than the other ; but as to their origination , they both ought to be continually-constant without interruption ; and as to their antiquity , both of them ought to be of a more ancient date , than any memory of man can contradict ; and such being once duly acquired , there are not many interruptions or disturbances that will null or frustrate the same w . a prescription goeth to one man , and a custome to many . hill. . jac. rot . . rolls vers . mason , brownl . rep. par . . prescription is personal , and alwaies made in the name of a certain person , or his ancestors , or those whose estates , &c. but a custome is local , and alledged in no person , but that , within the mannor there is such a custome . co. . foiston & cratchwood's case . the payment of a sum of money or other thing in lieu and recompence of tithe for sixty years or thereabouts , is held a reasonable time to make a prescription x . it was adjudged in grisman and lewes case , that a prescription to pay tithes of one thing in recompence of tithes of another thing , is not good . adjudged also , that tithes shall be paid of agistment of cattel , against the opinion of fitz. . cro. par . . this prescription is real , that is , it respects not the new or never before tithed fruits , but the tithable grounds that produce them ; thence it is , that an alteration of grain or plants in the same ground alters not a prescription , but he that prescribes in the one , shall prescribe in the other also . yet a prescription extends to no more than is in possession : and therefore if the parson of a. prescribes to the tithes of the parish of b. and there happen to be decimae novalium , that is , tithes arising of such grounds as were never manured , nor yielded before any profit to the church , the parson of b. and not the parson of a. shall have them ; nor will prescription lie against a composition between the parson and the vicar y ; nor hath prescription any place , where the interessed ( in his right ) can make no demand , the matter ceasing , whereupon it should work : so of wood never cut , the tithe could never be demanded . regularly a prescription to pay no tithe , nor any thing in lieu thereof , is not good , nor will it discharge , though nothing can be proved to have been paid within the memory of man z . yet a discharge of land from tithes may be shewed another way , which will amount to the payment of no tithe : so that although a meer lay-man cannot prescribe in non decimando a ; yet he may prescribe in modo decimandi , to pay a composition to the parson in lieu of all his tithes ; and such composition shall bind the parson , and such a prescription shall be good b . but as to persons ecclesiastical , such may prescribe not only in modo decimandi , but also in non decimando , and so may their tenants , whence it is , that a parson of one parish having part of his glebe in another , may prescribe in non decimando for the same c . so that a prescription even de non decimando as for ecclesiastical persons , their farmers and tenants may be good d . in nash and molin's case it was agreed by the court , that a spiritual man may prescribe in non decimando . cro. par . . and as for any other person a prescription de modo decimandi , that is , to pay money or other things in lieu of tithes in kind , is good ; and if he can prove it time out of mind , this will discharge him e . thus a prescription to pay d. or any other sum for all his tithe whatever , or for all his tithe-hay , or for all his tithe-corn in such a farm , or in such a close , or for all his fruit in such an orchard , is good . but a prescription of paying no tithe-corn , because he pays tithe-hay ; or of paying no tithe of his cattel , because he pays tithe-corn , is no good prescription f . or of not paying of tithes in one place , because he pays in another ; or of not paying tithe-lamb , because he pays tithe-wool , vel è contra ; or of not paying tithe for other cattel , because he pays d. for a cow : these and the like are no good prescriptions g . yet a prescription to pay a less part than a tenth , may be good and binding . also a prescription to pay a peny , called hearth-peny , in satisfaction of tithe for all combustible wood , may be good h . likewise , a prescription by the lord of a mannor , to pay six pound in satisfaction of all the tithe-corn within the mannor , and to have the tenth sheaf or cock in recompence of his payment , is good i . but if the prescription be to be discharged of tithe-hay of such a ground , or tithe-corn of such a ground , and the owner change the nature of the ground , as pasture into tillage , or tillage into pasture , the prescription is gone k . yet a prescription is not destroyed by an alteration of payment , as if instead of the money to be paid , another sum , or tithes in kind , have been paid for years past l . but a prescription to have tithes of houses according to the rent , is not good ; for no tithes are to be paid for houses in any city , save in london only m . regularly prescription referrs to one in private , as custome does to many in publick ; and where a prescription de modo decimandi is denied , there a prohibition will lie to try it at the common law : otherwise , if the prescription or custome be agreed n . if a prescription by a parishioner be to pay the tenth part of corn as a modus decimandi for the hay also that grows on the headlands , it is not good ; but such prescription for the corn and after-rakings is good , with an averment , that they are sparsae minus voluntarie o . if there be a prescription of a modus decimandi for an orchard or garden , and it afterwards ceases to be such , the modus shall cease also , and tithe shall be paid in kind ; but if it afterwards be restored to a garden or orchard , by being replenished with herbs or fruit-trees , it shall pay the modus as formerly p . if the modus be to pay two shillings and the shoulder of three deer for a park , the modus remains , though the park be disparked ; it is otherwise , in case the modus be only to pay venison q . or if the prescription be to pay a certain sum of money for all the tithes of a park , the modus shall continue , though the park be afterwards disparked r . a prescription of a modus decimandi generally for a park is not good , if it be disparked ; but it shall be particularly for all acres contained in the park s . prescription being a temporal thing , is triable only in the temporal courts ; and therefore in the case of two parsons of two several parishes , where one of them claimed tithe within the parish of the other , and said , that all his predecessors , parsons of such a church , viz. of d. had used to have the tithe of such lands within the parish of s. and pleaded the same in the spiritual court. the court was of opinion , that in this case a prohibition did lie , for he claims only a portion of tithes , and that by prescription , and not meerly as parson , or by reason of the parsonage , but by a collateral cause , scil . prescription , which is a temporal cause and thing t . and in another case it hath been adjudged , that if a prescription be laid to pay a modus decimandi to acres , or to several things , if there be a failure of one acre , or of one thing , it is a failure of the whole prescription u . but where it hath been prescribed to pay in one part of the land , the third part of the tenth ; and in another part , the moity of the tenth for all manner of tithes , it hath been held a good prescription , w . these prescriptions de modo decimandi are equally incident as well to lay-persons , as to persons spiritual or ecclesiastical ; but as to prescriptions de non decimando , none but spiritual persons are capable of being discharged of tithes in that kind , as was resolved in the bishop of winchester's case x . yet a whole countrey or county may prescribe de non decimando , though this or that particular meer lay-man cannot y ; nor indeed can the other , unless there be sufficient maintenance for the clergy besides z . the prescriptions de modo decimandi are confirm'd by act of parliament a ; and if any lay-man will prescribe de non decimando , to be absolutely discharged from the payment of tithes , without paying any thing else in lieu thereof , he must found it in some religious or ecclesiastical person , and derive his title to it by act of parliament b ; and it is not sufficient to say , that they who prescribe de non decimando , are churchwardens who have land belonging to their church , for they are neither religious nor spiritual persons c : but they who are such indeed , may so prescribe not only for themselves , but also for their tenants and farmers d , as was formerly said . so also may the kings patentees of those abbey-lands that came to the crown by the statute of h. . prescribe de non decimando , by force of the said statute , if so be it may be proved , that they have beyond the memory of man so enjoyed the lands discharged from the payment of tithes : but for a parishioner to prescribe to non-payment of tithes , because he hath time out of mind repaired the church , is no good prescription : otherwise , in case he had repaired the chancel , and in consideration thereof had been quit of tithes ; the reason is , because the parson not being obliged to repair the church , hath no recompence c . and in sherwood and winchcombs case it was resolved , that a man cannot prescribe to have tithes as parcel of a mannor , for that they are spiritual ; but a prescription to have decimam partem granorum , is good . cro. par . . in a case for a prohibition ; a. libelled in the ecclesiastical court for tithes of rough hay growing in marshes and fenny-grounds in m. the plaintiff surmized , that there was acres of fenny-lands within the parish , and acres of meadow , and that the parishioners paid tithes of hay and grain , growing upon the meadow and arable land , and had paid a certain rate for every cow , and because they had not sufficient grass to keep their cattel in winter , they used to gather this hay , called fenny-fodder , for the subsistance of their beasts for the better increase of their husbandry ; and for this cause had been alwaies freed from the payment of the tithes thereof . it was resolved , that the surmize was not sufficient for a prohibition ; for one may not prescribe in non decimando , and their alledging , that they bestowed it on their cattel , is not a cause of discharge : a consultation was awarded . webb and sir hen. warners case . cro. par . . also in munday and levice's case in a prohibition , it was adjudged , that it was not a good prescription that inhabitants have used to pay calves and lambs , and a peny for every milch-cow , in satisfaction of all tithes of lambs , calves , milch-kine , and all barren and other beasts , and agistments . more 's rep. and where a parson sued for tithes of fodder , and the parishioners prescribed in non decimando , because the fodder was for their cattel which manured their land : it was held no good prescription ; but it was agreed , tithes should not be paid for their agistments , nor for hedge-wood to enclose the corn , nor for fuel . more , ibid. case . in the case between pigott and hearne , the lord of the mannor of b. in the parish of d. did prescribe , that he and his ancestors , and all those whose estates , &c. had used from time to time , whereof , &c. to pay to the parson of d. the now plantiff , and his predecessors l. per ann. for all manner of tithes growing within the said parish ; and that by reason thereof , he and all those whose estates , &c. lords of the said mannor , had used time whereof , &c. to have decimam garbam & decimum cumulum garbarum of all his tenements within the said mannor . it was in this case resolved , ( ) that it was a good prescription , and that a modus decimandi for the lord by himself , and all the tenants of his mannor , for barring the parson to demand tithes in kind , is a good prescription , because it might have a lawful commencement . ( ) it was resolved , that it was a good prescription to have decimam garbam & decimum cumulum garbarum vel granorum , or the tenth shock ; for he hath it as a profit appender , and not as tithes . ( ) resolved in this case , that if the queen be lady of the mannor , she may prescribe to have tithes , for that she is capable of them , she being persona mixta & capax spiritualis jurisdictionis . more 's rep. and in green and handlyes case it was resolved , ( ) that it is a good custome to pay the tithe-wool at lammassday , though it be due upon the clipping . ( ) that for the pasturage of young barren cattel preserved for the plough and pail , no tithe shall be paid . ( ) that a prescription to pay a peny called a hearth-peny , in satisfaction of the tithe of all combustible wood , is a good prescription . more . case . priviledge is derived from the supream authority upon good consideration , and referrs sometimes to persons , sometimes to places , and is an exemption from tithes derived from such supream authority . none are to pay tithes for lands priviledged or lawfully discharged from the payment thereof . stat. ed. . c. . yet such priviledges as are meerly personal , do not exempt lands from the payment of tithes , longer than they are in the hands or occupation of priviledged persons . q qvarries of stone are not tithable . adjudged mich. eliz. b. r. & pasch . eliz. c. b. liff and watts case . cro. par . . & more 's rep. nor do the quarries of slate , cole , or the like pay any tithe . more . case . nor quarries of lime , gravel , sand , or clay , for these are parcel of the inheritance . regist . . f. n. b. . broo. dismes . mich. car. b. r. skinner 's case . no tithes shall be paid of quarries , for they are parcel of the freehold . hill. jac. b. r. per curiam . r rakings of the stubble of corn or grain are not tithable , for they are to be left for the poor and orphans , and the law will not give to the parson or vicar tithe of that which is appointed for alms. smith's case . & pasch . jac. c. b. adjudg . cro. . . so that whereas it is said , that the rakings of the stubble of corn is not tithable , where the corn it self was tithed . more . case . it may not be understood as if the tithing the corn it self were the reason why the rakings are not tithable , but because they are by the law of moses f . due to the poor , and therefore not to be tithed ; understand this also of ordinary rakings not voluntarily scattered , for of such only it is that no tithes shall be paid , as not due by the levitical law , and for that they are but the scattering of the grain whereof he had paid tithes before . pasch . jac. b. per curiam . hill. car. b. r. saunders & paramour , per cur. trin. jac. b. r. pasch . jac. b. r. pitt and harris , prohibition granted ; otherwise it is , in case the rakings were voluntarily and fraudulently scattered . hill. jac. b. r. peck and harris per cur. adjudged . mich. jac. b. r. per popham . pasch . jac. per cur. mich. jac. b. r. joyse & parker . and where there is a prohibition of tithes of rakings , the suggestion ought to be , that they were minus voluntarie sparsae , otherwise it is not good ; for it is not sufficient to say , that they were lapsae & dissipatae in collectione . . and it was resolved in johnson and awbrey's case , that tithes are not to be paid for after-pasture of land , nor for rakings of corn. also in green and hunn's case , a prohibition was for suing for the tithes of rakings of barley , a prescription to make the barley into cocks being alledged , and to pay the tenth cock in satisfaction of all tithes of barley , and adjudged a good prescription . notwithstanding in the case between bird and adams , in a prohibition to stay a suit in the ecclesiastical court for tithes of the rakings of lands , after the crop of corn was taken away : it was held , that the prohibition would not lie , but that tithes should be paid of more 's rep. but vid. eliz. b. r. in green and hale's case , it was adjudged , that by the custome of the realm tithes should not be paid of rakings . also in green and handlye's case it was resolved , that tithes should not be paid of the rakings of corn , unless it be a covinous raking to deceive the parson . more . case . rate-tithe is that which is paid according to the custome of the place , for the feeding of sheep and all other cattel ( except labouring oxen and young breed of cattel ) for the pasture and increase thereof , whether they fed on the common or elsewhere . roots of coppice-woods grubbed up , shall not pay tithe , unless it be by custome , as hath been adjudged in skinner's case . mich. car. b. r. & marsh . . in which case it was also resolved , that if a man cut a coppice-wood , and thereof pays the tithe , and after before any new sprouts grow , he grubbs up the roots and stubbs of the wood , he shall not pay tithes thereof , for they are parcel of the free-hold g . s saffron pays a predial tithe , and is inter minutas decimas , as appears by bedingfield and feaks case , pasch . eliz. b. r. where the farmer of a parsonage sued in the ecclesiastical court for tithes of saffron against the vicar : the vicar pleaded , that he and his predecessors time out of mind had had the tithe of all saffron growing within the parish . the plaintiff pleaded , that the land where the saffron was growing this year , had been for years before sowed with corn ; and because they in the ecclesiastical court would not allow the plea , a prohibition was prayed ; because the right of the tithe did come in debate . it was adjudged , that a consultation shall be awarded . yet mich. jac. b. r. per curiam , they are said to be great tithes . vid. bedingfield & feaks case . cro par . . whence it may be observed , that by the ecclesiastical law , the vicar shall have tithe of saffron of land newly sowed with saffron , albeit the parson before had tithe of the same land being sowed with corn a . salt : by custome tithe shall be paid of white salt. trin. jac. b. r. case jones & gower , admit . but prohibition granted on a modus . sheep , if they continue in the parish all the year , the tithe thereof in kind may be claimed by custome ; but if they be sold before shearing-time , and a halfpeny be then claimed to be paid for every sheep so sold , it is held a very unreasonable custome b . if sheep stray out of one parish into another , and there yean , no tithe is payable for this to the parson of that place ; but if they go there for thirty daies or more , for this a rate-tithe is payable to that place ; for , for sheep removed from one parish to another , each parson must have tithe pro rata : but under thirty daies no rate-tithe is to be paid . likewise sheep feeding all the year in one parish , and couching in another , the tithe shall be equally divided betwixt the parsons . so likewise if sheep go a while in one , and another while in another parish , a rate-tithe is payable , as aforesaid , to both . but if sheep are brought only by night to dung the land , no tithe there is to be paid , unless they feed there half their time . and if sheep be brought from one place to be shorn in another , where they were not before , the tithe is payable where the shearing is , unless it be paid to the parson of the place from whence they came . trin. car. b. r. in a prohibition inter ashton and willer . and where several mens sheep feed in one flock under one sphepheard , they shall be severally tithed by their respective owners . lindw . c. quoniam propter , verb. lanae . a prohibition was prayed , because the parson libelled in the spiritual court for the tenth part of a bargain of sheep , which had depastured in the parish from michaelmass to lady-day : the party surmized , that he would pay the tenth part of the wool of them , according to the custome of the parish : the court would not grant a prohibition , for that , by this way , the parson might be defrauded of all , and the sheep being now gone to another parish , he cannot have any wool at this time , because it was not the time of shearing c . spoliation or the action thereof , may be commenced in the ecclesiastical court , where one parson takes away the tithes or profits belonging to the church of another parson , if the tithes and profits belonging to the church of that other parish , do not amount to the fourth part of the value of the church , in which case the one parson shall have a spoliation against the other in the ecclesiastical court , although they claim by several patrons ; and if they claim both by one patron , there the one shall have a spoliation against the other , although the profits do amount to above a fourth part , as to a third part , or to the moity of the church , because the patronage doth not come in debate . but if the profits do amount to above the fourth part of the church , and they claim by several patrons , that if one parson sueth a spoliation in the ecclesiastical court against the other , the party grieved shall have an indicavit , which is in the nature of a prohibition , unto the ecclesiastical court , because the right of the patron doth come into debate : but where the right of tithes doth only come into debate , and not the patronage , there the jurisdiction doth belong unto the ecclesiastical court. co. select cases , in the case de modo decimandi , , , . h. . . by fortescue , h. . . acc . and if there be a contention de jure decimarum , originem habens de jure patronatus , tunc spectat ad legem civilem , by the opinion of all the justices . mich. el. b. r. in bushie the vicar of paucas case . godbolt . . sylva caedua doth pay a real and predial tithe ; by sylva caedua is to be understood , all such trees of what kind soever , as may be cut , and being cut do grow again from the stock or root . lindw . c. quanquam ex solventibus , lib. . or all such wood as may be cut , and ( after lopping , topping , or cutting from the boughs , branches , . stock , or root ) do grow again ; by which are excepted great trees and timber-trees . so that of sylva caedua and underwoods tithes are payable ; but not of great trees , or of twenty years growth , and that by the statute of ed. . cap. . whereby a prohibition will lie , in case , &c. which statute exempteth wood of twenty years growth and upwards from the payment of tithes , as prescription doth such wood as hath not been fell'd in the memory of man ; yet wood of the age aforesaid , not in use nor apt for timber , is ( under permission of the said statute ) tithable body and bough , felled or lopped : and such woods as are not sylva caedua nor tithable , go under the notion of gross woods , or great wood , viz. such as are usually employed for the building of houses , mills , &c. as hath been resolved d , of which sort are oak , ash , elm , beech , horn bean , and asp e : yet if these be cut under years growth , they are accuonted sylva caedua , and ought to pay tithes . but the loppings of great oaks , ashes , &c. though the lops be under twenty years growth , shall not pay tithes , being priviledg'd by the bodies f ; nor are the shoots and underwood growing from the roots and stocks of such timber-trees tithable , or from the roots and stocks of trees above the growth of years , which have been felled g . vid. trees , wood , vnderwoods , and timber . t tares , or green tares , cut before they are ripe , or mowed when they are green , for the feeding of cattel , when suit hath been commenced in the ecclesiastical court for tithes thereof , a prohibition hath been granted upon a suggestion grounded upon special customes , that no tithes ought to be paid for the same . fetches , tares , and other course grain , eaten only by the cattel which do the husbandry-work in the place , pay no tithe , except there be a special custome for it . lane . notwithstanding , whether they are tithable or not , if cut for horses is a question ; for where upon a libel in the ecclesiastical court for tithes of green tares cut for seeding of labouring horses , it was moved for a prohibition , it was not granted upon such a general suggestion , it being no ground for it : otherwise , upon the custome of the parish , that no tithe hath been paid in such case a . it was mead and thurman's case , which is elsewhere reported , that a prohibition was prayed upon a suggestion of this custome , that for tares cut or mowen before they are ripe , and given to plough-cattel , tithes ought not to be paid : and another custome for headlands sown with corn , used to be fed with plough-cattel , or mowed or cut for that purpose , that the owners should be discharged of tithes . it was holden by the court , that this suggestion grounded upon a special custome was good : and the parties being sued for the tithes of the premisses in the sp. court , the court granted a prohibition b timber-trees , that have been usually top'd and lop'd , such toppings and loppings are not tithable ; for the law that doth priviledge the body of the tree , doth priviledge also the branches thereof . the law is the same , if the tree become rotten dry , and barren c . timber-trees in all counties , as oak , ash , and elm , after twenty years growth , are not ( as aforesaid ) tithable . also beech , horn-bean , maple , asp , and hasel , may in some counties , where there is scarcity of other timber and an usage accordingly , be computed as timber-trees , and not tithaable . but any timber-wood , if it be cut within twenty years after the first planting thereof , is tithable d . but on the other hand , timber-trees once discharged of tithes are for ever discharged and quit of tithes , though rotten dead . whether a parson may prescribe to have tithes of great trees , contrary to the common law and the statute of sylva caedua , quaere , h. . . it is said by belknap e , that of great trees , or of timber-trees , tithe was never demanded , and that by the statute of ed. . but vid. coke . par . in liford's case , the words in that statute , and in the book of e. . viz. great trees must be intended oaks , ash , and elms , of all which as well before the said statute as since , if they were of twenty years growth , it seems by the common law tithes were not to be paid , because of their own nature they were only accounted timber-trees , and fit for building . but of sallows , willows , maples , and the like , although they be above twenty years growth , yet tithes thereof shall be paid f . of other trees of the age of twenty years growth or upwards , which are timber-trees , tithes shall not be paid ; but of sylva caedua and underwoods , tithes shall be paid , but not of great trees by statute g . in a prohibition the question was , whether trees , which were above the age of years growth become rotten , and be cut down for fewel , shall pay tithe or not . it was the opinion of the court , that they shall not pay tithes , for that tithes are payable for all increase , and not for a decrease ; and being priviledged in regard of their high nature , this priviledge shall not be lost in regard of its decrease h . so if timber-trees become arida , sicca , &c. yet because sometimes it was an inheritance , which was discharged of tithes , although it now become dotard , tithe shall not be paid of the same ; for the quality remaineth , though the estate of the tree be altered i . if a tree under the growth of years be top'd , and the body thereof suffered to grow till it be past that age , and afterwards the boughs being grown out again are top'd and lop'd again , tithes thereof shall not be paid , although that the tree was not priviledg'd at the first cutting ; which was the opinion of the whole court of common-pleas k . such timber-trees are in law known by the name of great trees l , and gross woods m . trades and labours pay some tithe by usage in the nature of personal tithes ; and so carpenters , masons , &c. and all handicrafts-men have paid tithe . there was a parson in bristoll that sued an innkeeper there for the tithes of the profits of his kitchin , stable , and wine-cellar ; in a prohibition moved for by yelverton , the case appeared to be this : the defendant being parson of a parish in bristoll , did libel in the ecclesiastical court against the plaintiff , being an innkeeper of the bear in bristoll , to have tithes of the profits by him made , of his kitchin , stable , and wine-cellar , and lays in his libel there , that he made great gain in selling of his beer ( having bought it for l. and sold the same for a l. ) and so libels for the third part of the profits of the same , and sets forth in his libel , that this is due unto him per communem legem angliae ; and sets forth in his libel , that negotiando and traficando , he doth bargain and sell beer in his inn for l. which he bought for l. and gained in his sale l. and better , of which gain he ought to have tithe . yelverton moved for a prohibition , setting all this matter forth in his suggestion ; and further shewed , that the defendant had yearly of the plaintiff l. at the least . doderidge justice , the defendant would have tithe , as i think , also of the kitchin-stuff . clench clerk of the papers informed the court , that there was a parson , who libelled for tithes of the gains of l. for an l. put out at interest , and a prohibition was granted : in this principal case , by the rule of the court a prohibition was awarded . transaction differs from composition only in this , that transaction is an agreement , touching tithes , upon things litigious and doubtful ; the other is frank , gratuitous and voluntary , of things not contended for . see composition . treble dammages may be had in an action grounded upon the statute of ed. . for not setting forth of tithes , which action is to be sued in the temporal courts . trees of all sorts regularly and generally ( except timber-trees , as aforesaid ) root and branch , body , bark , and fruit , used or sold by the owner , are tithable . tithes shall be paid of hasel , willows , holley , alder , and maple , although above twenty years growth . mich. . jac. b. resolved , and consultation granted accordingly . so that trees of all kinds , not apt for timber , though exceeding years growth , nor ever cut before , may be tithable . and all trees under the notion of sylva caedua aforesaid , underwoods and coppices felled and preserved to grow again are tithable to the parson , when the owner takes his nine parts . but trees cut only for mounds , plow-gear , hedging , fencing , fewel , for maintenance of the plough or pail , be it underwoods of coppices , parings of fruit-trees , or the like , are not tithable ; but trees bearing fruit of all sorts , are tithable in their annual increase : and therefore as to fruit-trees , as apples , pears , &c. the tenth of the fruit shall be set out and delivered , when they are newly gathered ; for the omission whereof , if loss come to the parson , the owner is chargeable to him in the treble dammages . if a man pay tithes for the fruit of trees , and after cut down the same trees , and make them into billets and faggots , and sell them , he shall not pay tithes for the billets or faggots ; for that it is not any new increase . coke , magna charta , . . if trees be fell'd , no tithes shall be paid of the roots . coke , pasch . eliz. b. r. nor of the young sprouts , that grow of such ancient stock . m. jac. b. r. stampe & clinton . roll. rep. and as fruit-trees pay tithes in their fruit , so also may young trees , which as yet bear no fruit , pay tithes in another kind ; for where a parson libelled in the ecclesiastical court for the tithes of young trees planted in a nursery , upon purpose to be rooted up , and sold to be planted in other parishes : the question was , whether tithes should be paid for them ? it was said , they were of the nature of the land , and tithes should not be paid of them , no more than of the mines of coles , or stones digged ; or for trees spent in fewel in the house . but it was the opinion of the whole court , that forasmuch as he made a profit of such young trees , tithes thereof should be paid , when they are digged up and sold into another parish , as well as of corn and carret , or other things of like nature n . note by the justices , if one cut trees which are or may be timber , although they be under the age of years , no tithes are due ; and so it is of new germins growing under that age . and where in a prohibition , for that it was libelled in the ecclesiastical court for tithes of timber - trees , the defendant said , the trees were long since aridae , mortuae , & putridae : it was the opinion of the justices , that no tithes should be paid of those trees , for being above the growth of years , they were discharged of tithes . also in brook and rogers case , where a parson sued in the ecclesiastical court for the tithes of the boughs of trees , above the age of years growth , and the defendant prayed a prohibition , and shewed that the trees were aridae , siccae , & in culminibus putridae : it was held by the better opinion , that tithes should not be paid of them . in an action upon the case : declared , whereas by the statute of ed. . cap. . tithes ought not to be paid for gross trees : that she had cut down such timber - trees , being above the growth of twenty years , and that the defendant as parson sued her for tithes of them against the statute ; upon which it was demurred . resolved by the whole court , that the action did not lie ; for none shall be punished for suing in the ecclesiastical court for any matter which is properly demandable there , although perhaps , he hath no cause of action : but if he sues in the ecclesiastical court for matter , which appears by his libel is not suable there , nor the court hath jurisdiction thereof , there an action upon the case lieth . turkeys : tithes shall not be paid of them , nor their eggs , quia ferae naturae o . turves used for fewel or firing , do pay tithe , and are tithable as predial tithes ; yet held that tithes shall not be paid thereof . hill. jac. b. r. per houghton . hill. jac. b. r. per cur. tile-stones , or brick - tile are not tithable * . tythes or tithes are a tenth , or otherwise a certain part or portion of the fruit or lawful increase of the earth , beasts , or mens labour and industry ; and are payable by every person having things tithable , that cannot shew a special exemption , either by composition , custome , prescription , priviledge , or some act of parliament : and they are to be paid without any diminution ; for which reason the owners of things tithable ought not to have the nine parts , till the tenth be first severed there-from . and on the other side , the tithe is in no case to be taken by the parson or vicar , before the same be severed from the nine parts . the parson de mero jure is to have all the tithes , if there be no endowment of the vicarage p ; and a vicar cannot have tithes , but by gift , composition , or prescription , for that all tithes de jure do belong to the parson q . in suit for tithes it is not necessary to demand the very value , for the duty is uncertain . mich. jac. b. r. case pemberton & shelton . roll. rep. if tithes be payable by one who dies before he pays it , it must be paid by his executor , if he hath assets . but if the parishioner setteth forth his tithes , and they stand upon the land two or three daies , and afterwards he taketh or carrieth them away ; this is not a setting forth of his tithes within the statute of ed. . r . but if the parson or vicar shall suffer his tithes ( being severed ) to lie long upon the land to the prejudice of the owner of the ground , he may have his action of the case s . and whoever taketh away the tithes , not having right thereto , is a trespasser . also an action lieth against a disseisor for the tithes : or if one cut them , and another carrieth them away , an action lieth against either of them t . and although in the ecclesiastical courts no plea is allowed in discharge of tithes u ; yet lands in the hands of ecclesiastical persons may be discharged of tithes , and now since the statute of h. . in the hands of the kings patentees also , by suspension , priviledge , or unity w . and since in the ecclesiastical courts no plea ( as aforesaid ) is allowed in discharge , it is nothing strange that the common law holds , that the court spiritual hath not jurisdiction in matters of tithes , where the prescription is de non decimando ; otherwise , where it is de modo decimandi x . the manner of right tithing is regularly thus , viz. that tithes and all other church-duties , shall be yielded and paid according to the usage and custome of the place , where they are paid : and of predial tithes , the tenth is to be set apart from the nine parts in the place where they grow , before the said nine parts are carried away ; which separation from the nine parts is to be done in presence of the parsons servant , upon seasonable notice given to the parson by the parishioner ; and the parson is to have reasonable time to take away his tithe z . and as for the small tithes , such as plants , herbs , seeds of woad , flax , hemp , &c. they are tithable in kind , if not compounded for . and personal tithes , such as are for profit made by trade and manual occupations ( except common labourers ) are to be paid , as they were used to be paid forty years before the statute of ed. . and as of right they ought to be paid , as at or before easter some small sum of money , according to the custome of the place ; but without a custome nothing to be paid a . the tithes of one thing only cannot be in satisfaction of tithes of the same , and other things of another kind b . nor is tithe twice payable of one thing in one and the same year : therefore if a parson hath tithe-fruit of a tree felled the same year , and made into billets or faggots , he shall not have tithe thereof . nor are tithes payable by any , but such as have a property in the thing tithed , therefore they are not payable of things stollen ; nor shall things meerly for pleasure pay tithes , nor the things that are in no mans property ; only the king shall have the tithes arising out of ground not in any parish . and if tithe be paid to one that comes into the place by simony , it is at his own peril , if afterwards he be forced to pay it again c . where sale is or may be made of a thing tithable , the equallest way is to lett the parson or vicar have the tenth peny made of the thing sold . and although tithe is not payable to the simonaick parson , yet an incumbent wrongfully collated by the bishop , may be such a person as is capable of tithes , and may sue for the same d . in love and piggots case it was said , that if a lessee for years be sued in the spiritual court for tithes , he in the reversion may have a prohibition . pasch . . el. b. r. cro. rep. par . . and a lay-man lawfully interessed in tithes , being disseized thereof , or wronged therein , may have his remedy for them in the kings temporal courts . this takes not away the ordinary remedy for them in the ecclesiastical court ; the law ( as to that ) being as it was before the statutes e . likewise , for refusal to pay tithes , or not setting forth predial tithes , the parson may libel in the ecclesiastical court , or he or other proprietor thereof may sue at the common law , or for the subtraction thereof , at their election , and recover the treble value of the tithes f . yet where only the right of tithes doth come in debate , and not the right of patronage , in such case it hath been held , that the ecclesiastical , not the temporal jurisdiction , shall take cognizance thereof ; yea , though both parties claim by prescription , which in it self is a matter triable at the common law g . but where the parties litigant are both ecclesiastical persons , and the claim of the one be for an annual pension out of the parsonage of the other , although he claim the same by temporal grounds , viz. by prescription and real composition , he hath his election to sue for the same either in the ecclesiastical , or in the temporal court : and by the statute of h. . c. . ecclesiastical persons may sue for pensions in the ecclesiastical court ; but if he brings a writ of annuity for the same , and declares upon the prescription , he hath then determined his election , that if afterwards he sue for this annuity in the ecclesiastical court , a prohibition will lie h . if suit be in the ecclesiastical court between parson and vicar for tithes , prohibition hath alwaies been denied , if there be not other matter determinable by the common law. mich. jac. b. r. roll. rep. but where the question is only between the parson and the vicar , it is to be decided in the ecclesiastical court i . yet it is said , that a real contract , though made between ecclesiastical persons and of ecclesiastical things , is only cognizable at the common law k . but if a custome of tithing be agreed by and between both parties , it may be sued for in the spiritual court ; but if the custome be denied , a prohibition may be awarded , till it be tried at common law l . but where there is a modus decimandi , be it of lands , or a certain annual sum of money , or other profit time out of mind given to the parson and his successors , in full discharge of all tithes in kind in such a place certain ; if this sum be not paid , yet may not the parson sue for tithe in kind , but for the money in the ecclesiastical court : but yet the modus it self is triable at the common law , and not in the spiritual court m . likewise , after that the tithes are carried away out of the ground , it hath been held , suit cannot then be commenced for them in the ecclesiastical court , because they are then become lay-chattels , and the property thereof is altered n . and for the not setting forth of tithes , not only the parson or rector , but also the farmer of the rectory may sue upon the statute o . the bare severing or setting forth of tithes doth not make them to become lay-chattels , but the carrying them away out of the ground doth : and therefore if tithes be severed , and set forth , and afterwards the parson lease out the parsonage , not mentioning the tithes , the tithes set forth shall pass ; for although they be divided and severed , yet they are as yet spiritual duties of the parsonage : but if the tithes be carried into the barn , and afterwards the parson leaseth out his parsonage , with all profits , &c. those tithes shall not pass to the lessee , for that now they are become lay-chattels p . it was agreed clearly in cannen's case , that if a parishioner sever his hay , and it be made into reeks or cocks , and after fell it , the parson cannot sue the vendee for the tithes thereof , but him that severed it , and on this matter prohibition was granted . h. . jac. b. r. roll. rep. if a parishioner doth not set forth his tithes , or subtracteth them after they be once set forth , the parson may libel against him in the spiritual court ; or else by the statute of ed. . cap. . the parson or other proprietor of the tithes may have their action in the kings temporal courts , for the not setting forth or subtracting of them at their election , and shall recover the treble value of the tithes in an action of debt : for although the treble value be not given to the parson , or other proprietor of the tithes , by any express words of the statute ; yet forasmuch as he is the party grieved , and hath the right of the tithes in him , the treble value is given to him . for wheresoever a statute giveth a forfeiture or penalty against any one , who wrongfully detaineth or dispossesseth another of his right or interest ; in that case he that hath the wrong , shall have the forfeiture or penalty , and shall have his action at the common law for the same , or he may sue in the ecclesiastical court for the same q . but in his action at common law it seems , he shall recover no costs , as hath been adjudged r . but if the parson or other proprietor will sue in the ecclesiastical court for the subtraction of the tithes , he shall recover there but the double value of them ; because in that court he shall recover the tithes themselves , which is equivalent to the treble value at the common law s . in another case , where debt upon the statute of ed. . was brought , for not setting forth of tithes ; the plaintiff shewed , that two parts of the tithes did appertain to the rectory , and a third part to the vicarage , and that he had a lease for years of the rectory , and another lease of the vicarage : and for not setting forth of the tithes he demanded the treble value : upon non debet , it being found for the plaintiff , it was urged in stay of judgment , that he ought to have brought several actions , being grounded upon several leases , as his title is several . but it was resolved , that the action was well brought , in regard he had both titles in him ; and the action is brought upon the wrong , because he did not sett out the tithes t . again , in debt for not setting forth of tithes upon the statute of ed. . the case was , corn was growing upon the glebe-lands of the vicar , which was discharged of tithes being in his own use : it happened that the vicar died before the tithe was severed , and his executors did cut and carry away the corn ; and he that had the parsonage appropriate brought the action : the counsel of the defendant prayed the opinion of the court , whether he might plead nihil debet : but the court refused to deliver their opinion in it , because it hanged in suit before them u . in the case of mountford against sidley it was said , that where tithes are sett out , the parson hath a liberty for a convenient time to come and carry them away : and this convenience of time is triable by a jury ; if he exceed this , he shall be subject to an action , and then by judgment of law he shall be taken to be a trespasser ab initio : otherwise , it shall be of a license in fact given by the parson himself . and it was holden by the court , if the corn had continued over long , his remedy had been by action upon the case w and as a parson ought to have convenient time to carry away his tithes , so likewise he ought to have for that end free ingress , egress , and regress , to , through , and from the land where the tithes are , wherein if he meet with any obstruction , he ought to see how he sues and lays his action ; for in a case , where a parson libelled for tithes in the ecclesiastical court , and set forth ; that the tithes were set forth , and that the defendant did hinder him and stop him from carrying them away : but because he did not sue there upon the statute of ed. . for he did not mention the double value as he ought , and it was agreed by all the justices , he ought to have done ; nor mention the statute , as he ought also to have done ; a prohibition in that case was awarded x . the grant of a tithe for life to begin at a day to come , is not good . yelvert . . if a man will lett a lease of his tithes , the lease must be by deed , and not by word only ; therefore , if a parson doth demise his rectory for years , the tithes will pass inclusive , although the lease be by word only ; but if the parson lease his tithes alone , they will not pass , unless the same be by deed or writing y . yet the parson may demise his tithes to the owner of the land , for a year by word only , as hath been agreed by all the justices z ; but to a stranger he cannot demise them , otherwise than by deed : and although tithes will ( as aforesaid ) pass by contract to the owner of the soil ; yet may the parson sue the owner for tithes in kind in the spiritual court , and ( as it hath been holden ) the owner by reason of the contract , shall not have a prohibition a . in which case the ower of the soil may sue the parson upon the contract in the temporal court , and recover as much in dammages ; but then in his pleading he must not declare of a verbal contract , but must set forth the same to have been made in writing , and so it hath been adjudged b . and in the lord shandois case it was holden by the court , that a suggestion of an agreement between him and the parson , in consideration of a certain sum to be yearly paid to the parson during their joynt-lives , and his continuing parson , that his messuage and lands in the parish of d. and the tenants thereof , should be discharged from the payment of tithes thereof , shewing , that the said yearly sum was paid accordingly , and that notwithstanding the defendant sued the plaintiff , being his farmer , for tithes : in this case it was held , that this was not a sufficient surmize to maintain a prohibition : for an agreement to be discharged from tithes , may be a year by word ; but to have such an agreement for life or years , cannot be without deed c . likewise in an ejectione firme brought of a lease of tithes , the plaintiff did not shew , that the lease was by deed : and because tithes cannot pass without deed , after a verdict found for the plaintiff : it was ruled to be ill , and adjudged for the defendant d . to conclude , in the el. b. r. it was debated whether tithes were jure divino , or by the constitution of men only ? the judg. were all it seems of opinion , that they were due as well by the constitution of kings as by the law of god e . and therewith doth dr. & stu. . if the qu. be de quota parte : for there it is held , that the part is due only by mans law. and the opinion of gerson the divine , is cited in his treatise , entituled regulae morales , where it is said , solutio decimarum sacerdotibus est jure divino , quatenus inde sustentur ; sed quoad hanc quam illam partem assignare , aut in alios reditus commutare , positivi juris est . and elsewhere , non vocatur portio curatis decima pars , imo est interdum vicesima , aut tricesima f . and in he●sloe's case , co. . par . it is said , that tithes , quatenus tithes , were spiritual things , and due ex jure divino , and were not accounted as temporal inheritances g . hence it is , that where a parson leased all his glebe lands , with all profits and commodities , rendring s. d. pro omnibus exactionibus & demandis ; and afterwards libelled in the spiritual court against his lessees for the tithes thereof . it was the opinion of the court , that tithes are not things issuing out of lands , nor any rent or duty , but spiritual ; and if the parson doth release to his parishioners , all demands in his lands , his tithes thereby are not extinct ; and therefore a consultation was granted h . and in the like case it hath been adjudged , that the lessee should pay tithes to the parson , for that they are jure divino due , and cannot be included in rent i . if a parishioner sets forth his tithes , and sever the tenth part from the nine parts justly and truly , although he doth not give personal notice to the parson , nor general notice in the church of the time of setting forth his tithes , whereby the parson might be present at the setting of them forth , and to see that it be justly done ; yet it is a good setting forth of the tithes , as in the case between chase and ware , in a writ of error upon a judgment in an action upon the case against the parson , for leaving his tithe of hay upon the parishioners ground after notice of setting them forth , whereby the parishioner lost his grass there . but it was not alledged , that the parson had notice of the time of setting them forth ; and yet the court affirmed the judgment against the parson . a. parson in consideration of s. yearly , promised to b. that b. should pay no tithe for a certain wood , per parol ; and in consideration thereof b. promised to pay the s. yearly , and this agreement was during their lives . b. made a lease at will of the wood ; the lessee had a prohibition against him , for the agreement was good ; and jermyn demanded , what remedy against the lesse for the s. doderidge , none ; but he shall have action on the case against b. or his executors ; but the lessee for years may have action against the parson , if he sue him in the ecclesiastical court. for the case was , there was an agreement per parol made between s. parson , and b. the parishioner : b. promised to s. for himself , his executors and assigns , to pay him ten load of wood , and s. for the tithe of a wood during the life of s. and s. promised not to sue him , &c. for any other tithe . b. dies , his executor made a lease at will of the wood ; the question is , whether the tenant at will , may take his action against the parson who sued him for other tithes , &c. in a prohibition against a parson who sued for tithes , it was surmized , that the clerk of the parish and his predecessors , assistants to the minister , had used to have five shillings for the tithe of the lands , where , &c. it was the opinion of the court , that if this special matter be shewed in the surmize , it might perhaps be good by reason of long continuance : but they held that by common intendment , tithes are not payable to a parish-clerk , and he is no party in whom a prescription can be alledged , wherefore a consultation was awarded . the parson of t. sued for tithe-wood of the park of t. for a prohibition it was surmized , that he and all those , &c. time out of mind , &c. had used to pay to the vicar of t. ten shillings yearly for all tithes of wood growing in the place , and the proof was , that he paid ten shillings for discharge of tithe-wood in the park and two other places : the prohibition was denied , and a consultation awarded , because the right of tithes between the parson and the vicar came in question , and because the party failed in the proof of his prescription . in a prohibition to stay suit for tithes , surmizing that he set forth his tithes , and for some reasonable cause he detained part of them : and the parson sued him in the ecclesiastical court ; upon which it was demurred ; because by the fetting forth they were lay-chattels . but the court held , that the prohibition did not lie ; for against the party himself , who setteth forth his tithes , a suit is maintainable in the ecclesiastical court , if he detains them , although he might have his remedy for them at the common law : otherwise , if they were taken away by a stranger after they were set forth . for a prohibition it was surmized , that he had used to pay the tenth sheaf of corn , the tenth cock of hay , the tenth fleece of wool ( and so the like ) in satisfaction of all hay , corn , cattel , &c. and it was held , that it was no sufficient surmize for a prohibition , because that which he used to pay is but the tenth in kind . in sands and pruries case the question was , whether tithes were grantable by copy : it was objected they could not , because it is against the nature of tithes , whereof none could have property before the council of lateran , and it was impossible there should be any custome to demise them by copy , when none had interest in them , and they cannot be parcel of a mannor , for they are of several natures , though united in one mans hands : but by the court resolved , they might be granted by copy , so it had been time so out of mind . a parishioner severed his tithes , but being in a close , the gate was locked , so as the parson could not come at them : the question was , whether the gate were locked or open , and thereupon a prohibition brought . the court was of opinion , that although the tithes were severed , yet they remain suable in the ecclesiastical court , and then the other is but a consequent thereof , and triable there , and the prohibition denied . in sharington and fleetwood's case it was resolved , that if a parson libels for tithes , and a prohibition is granted , and after he libelleth for the tithes of another year , the first suit not being determined , an attachment upon the prohibition lieth against him . and in the case between talentire and denton , where the bishop of carlisle being seized in fee of tithes in right of his bishoprick , made a lease of them for three lives , rendring the ancient rent , the tithes having been usually demised for the same rent ; it was resolved , that the lease was not good against his successor , because he had not remedy for the rent by distress or action of debt : otherwise it had been , if only a lease for years , for there debt lieth for the rent . in leigh and wood's case it was resolved , that if the owner sets forth his tithe , and a stranger takes them , no suit shall be for the same in the ecclesiastical court ; but if the owner himself , after he hath once set forth his tithes , takes them away again , the parson may sue him in the ecclesiastical court for the tithes . s. libelled in the ecclesiastical court against h , for subtraction of tithes ; the defendant there pleaded , that he had divided the tithes from the nine parts . and then the plaintiff made addition to the libel ( in nature of a replication ) viz. that the defendant divided the tithes from the nine parts , quod praedict . the plaintiff non fatetur , sed prorsus diffitetur ; yet presently after the pretended division , in fraudem legis , he took and carried away the same tithes , and converted them to his own use : and thereupon the plaintiff obtained sentence in the ecclesiastical court , and to recover the treble value according to the statute of ed. . cap. . and thereupon h. made a surmize , that he had divided his tithes , and that the plaintiff ought to sue in the ecclesiastical court for the double value , and at the common law for the treble value . but it was resolved by the whole court , that the said division mentioned in the libel , was not any division within the statute of ed. . c. . for that act provides , that all the kings subjects henceforth , shall truly and justly without fraud , divide , set out , yield and pay all manner of other predial tithes in their proper land : so as when he divides them to carry them away , he divides them not justly without fraud ; and therefore the same is out of the statute : and where the words of the statute are [ divide , set out , &c. ] their predial tithes , &c. and if any person carry away his corn and hay , and other predial tithes , &c. and to make an evasion out of these words [ this invention was devised ] ; the owner of the corn by covin sold his corn , before severance , to another , who as servant to the vendee reaped it , and carried it away without any severance , pretending that neither the vendor , because he did not carry them away ; nor the vendee , because he had no property in them , should be within the statute : but it was resolved , that the vendor should be charged in that case with the penalty of the statute , for he carried them away , and his fraud or covin shall not help him . vid. ed. . . h. . . h. . . but it was resolved , that the plaintiff could not sue in the ecclesiastical court for the treble value , but for the double value he might . a parson libels in the ecclesiastical court upon the statute of ed. . cap. . for tithes . the case was this , the parishioner sets them out according to the statute ; but they being so set out , he would not suffer the parson to come and take them away , thinking by this means , and this way to avoid the statute : and upon this the parson libels in the ecclesiastical court for these tithes ; the defendant there surmizes , that he did not hinder him from the having of his tithes , but saith , that he did hinder him in coming for his tithes one way ( which was the usual way ) but that he might have come for them another way : and upon this a prohibition was prayed , and granted , supposing that there was no question at all as touching the payment of tithes , but as touching the way to come for them ; and upon this whole matter the parson prayed a consultation . the whole court were clear of opinion , that such a setting out of tithes , as the same appeared here to be in this case , without suffering the parson to come and take away his tithes , that this is a fraudulent and no good and sufficient setting forth of tithes , according to the statute , and as the statute doth require , which ought to be a fruitful and effectual setting forth of his tithes ; for in so doing , he ought to set forth his tithes , and also to suffer the parson to come , have , and to take away his tithes : otherwise , unless he do also perform this , the setting out of his tithes here is to no purpose for to excuse him , and to the surmize here made for the way . the whole court clear of opinion , that this is no waies at all material , and so without any further motion or arguments , by the rule of the court , a consultation was granted . vid. bulstr . par . . fo . . hill. jac. v venison , though not tithable of it self , yet may be given as modus decimandi ; per assisas forestae , and other records , it doth appear , that tithes have been paid , even of venison , in divers parts of england . vetches , tares , and the like , eaten by the cattel that do the husbandry in the same parish , be it eaten on the ground or elsewhere , are not tithable , unless the parson hath a special custome for it . vine is predial tithe . co. magna charta , . vnity of possession , or unity of the parsonage and lands , which should pay tithes , in the hands of religious and ecclesiastical persons : by this vnity of possession tithes are not now discharged in right , though in payment ; so that it is not to be pleaded as a discharge of tithes , but as a discharge of the payment of tithes a , this vnity hath been often resolved to be a good discharge of the payment of tithes within the meaning of the statute of h. . b . originally this vnity was , where an abbot , prior , &c. time out of mind had been seized of lands in themselves tithable , and also of the rectory of that parish wherein such lands did lie : so that vnity of the parsonage and lands , which should pay tithes by appropriation or otherwise , in the hands of religious and ecclesiastical persons , had discharged from the payment of tithes : and now since the said statute of h. . such an vnity of possession in the said religious houses , and lands , and persons , shall be a discharge for the kings patentee for the lands that came to the crown by the said statute . but then it was resolved , that such an vnity must have been justa , libera , aequalis , and perpetua . it must have been justa , claimed by right , by good and lawful title , and not by disseisin , or other extortious and unlawful acts ; for such an vnity had not been a good discharge within the statute . . it must have been aequalis , that is , there must have been a fee-simple both in the lands and in the tithes , as well of the lands upon which the tithes are , as of the parsonage or rectory ; for if those religious persons had held but by lease , that had not been such an vnity as the statute intended . . it must have been libera , free from the payment of any tithes in any manner ; for if their farmers , tenants at will , or years , had paid any manner of tithes before the dissolution , it may be a sufficient bar to avoid the vnity pleaded in discharge of tithes . . it must have been perpetua , time out of mind , that such religious houses were endowed , and such religious persons had in their hands both the land and the rectory before the memory of man , or as it seems ( according to the rules of common law ) before the first of r. . discharged of tithes ; or if the appropriation were ancient , as in the time of ed. . such is said to be a good discharge of tithes , either on the account of perpetual vnity or of prescription c . and at this day such an vnity is said to be a good discharge of tithes in the hands of the kings patentee , within the statute of h. . d . there may be also ( as appears at the common law ) an vnity of possession , different from the former , which shall likewise discharge from the payment of tithes ; but such discharge is only pro tempore , and therefore though it be an vnity of possession , yet it is not a perpetual vnity in the sense aforesaid : as if a parson of a church purchaseth a mannor within his parish , by this purchase , and vnity of possession , the mannor which before was tithable , is now become non decimabilis , because he cannot pay tithes to himself ; but if he maketh a lease of his parsonage and rectory to a stranger , the parson himself shall pay tithes of his mannor to his lessee ; and so if the parson maketh a feoffment of his mannor , the feoffee shall pay tithe to the parson , because tithes are due by the law of god ex debito , and cannot be extinct , into whose hands the lands come , unless they come to the hands of the parson himself e . vnderwood is tithable , and of vnderwoods digged up by the roots tithe shall be paid , and so of hedge-rows f ; likewise of vnderwood sold standing the tithe shall be paid , and that not by the seller , but by the buyer . but vnderwood used for sencing of corn or pasture pays no tithe g . an action of trespass was brought by a parson against a vicar for vnderwoods , and each of them did claim the vnderwoods by prescription as his tithes , that ( although their claim was by prescription , ) yet because the right of the tithes was in debate only , the temporal court was ousted of the jurisdiction of them h . but if a parson or vicar claim a portion of tithes by prescription only , which is a temporal thing , and sueth in the spiritual court ; it was holden that a prohibition lieth i . in a prohibition to stay proceedings in the ecclesiastical court , upon a libel there by the parson for tithe of vnderwood , by reason of a prescription in non decimando , for the wilde of kent , this wood growing in the wilde of kent . henden moved the court for this prohibition , for these reasons , ( ) a whole countrey generally may prescribe in non decimando , in a particular place , and as a whole countrey may so do , by the same reason a particular person may . a second reason ; the statute of ed. . cap. . gives life unto this prescription , for this particular place and precinct . coke chief justice . by lindwood , a whole countrey may prescribe in non decimand● ; and so is dr. & stu. cap. ult . fo . . b. but it is with this proviso , so that there is besides this maintenance for the parson ; otherwise the same is not good . the statute of ed. . cap. . aids you not at all in this case , for a private man cannot in this manner prescribe : and to say , that the conqueror never conquered this place ; this is but historical and apocryphal , for he was conqueror by composition had . it is true , that in former time , long since this place was not tithable , because there was no wood there but great timber-trees , which were not tithable ; but these being now cut down , wasted , and destroyed by the iron-mills , and as in many other places ; now this place which was not tithable before , being now vnderwood , and converted into tillage or pasture , is now become tithable , and tithe shall be there paid ; and if waste and barren ground , for the which no tithe hath ever been paid , if the same be now meliorated and converted into tillage ; now by the common law tithes shall be presently paid for this , unless the same be within the proviso of the statute of ed. . of exemption from payment of tithes for a certain time after the melioration of the same , as appeareth in the statute ; otherwise tithes shall be paid presently : no tithes could formerly be paid here in this place , because there were only great timber-trees here growing ; but now clearly they ought to pay tithes for the vnderwoods , and this is the only demand here . the whole court was clear of opinion , that no prohibition should be here granted in this case , but that tithe should be paid . coke , will you allow the parson here in this place tithe-hay and corn , and not tithe-wood ? doderidge , by lindwood and dr. & stud. a whole countrey may be discharged from payment of tithes ; but this at the first of necessity ought to have a lawful commencement by way of composition , or , &c. coke agreed with him herein , and said unto henden , shew unto us an ancient writing , by way of a composition for your discharge of payment of tithes ; the statute of ed. . makes against you there , though no tithe was ever paid , yet upon the melioration of the land tithes shall be paid presently , if the statute had not been made . the court were all clear of opinion against the granting of a prohibition , and so no prohibition awarded . w wages of servants of the plough shall not pay any tithe , as hath been resolved , pasch . jac. b. inter parson ellis and drake ; and prohibition granted accordingly , although the libel was but for the tithe of a third part of their wages , leaving the rest free ; for it was said , that by the same reason that the cattel of the plough are free of tithe , the wages of the servants that follow the plough are tithe-free also . waste pasture lands , if tithes in kind be paid for lambs , calves , &c. feeding and couching thereon , tithes shall not afterwards in the same year be paid for agistments on the same waste pastures . waste grounds , not certainly known in what parish , and cattel feeding thereon , the tithe thereof belongs to the parson of the parish wherein the owner of the cattel doth dwell . wax of bees is tithable by the tenth weight thereof . tithes ought to be paid in kind de jure of wax and honey of bees in the hive . mich. car. b. r. inter barefoot & norton , adjudged in a prohibition upon a demurrer , and a consultation granted . willowes , growing in the soil of a mannor , felled , are not ( as is said ) tithable , though it be waste to fell them a . no tithes shall be paid of willowes in a countrey where they are used for timber b . sed q. as to the former ; for a record of a prohibition was shewed to the court , where a prohibition was awarded to the spiritual court for tithes of willowes upon a surmize , that they are of use as timber in the county of southampton . and in that case it was said , if willowes grow within the site of a house , it is waste to fell them ; yet if they be felled , that tithes shall be paid of them c . woad yields a predial tithe , and regularly to be computed inter minutas decimas ; yet in some cases may be great tithes in places where it is much sowed ; as in vdall and tindall's case d . the case was , that in trespass for taking of two loads of woad ; the jury found , that if they were minutae decimae , then the jury found the defendant guilty , if they were not minutae decimae , then for the plaintiff : it was said for the plaintiff , that without more circumstances it shall not be intended minutae decimae ; for it may be , that a great quantity of woad may be sown , and the greatest part of the commodity in the parish may consist in it , for minutae decimae are but of small consideration in a parish , as herbs in a garden , and such like : and therefore woad sown in a field is not minutae decimae . it was resolved by the court , that woad growing in the nature of an herb , the tithe thereof ought to be accounted minutae decimae , and belong to the vicar . and the dean and chapter of norwich case f was vouched to prove it , that the tithe of acres of land sowed with saffron , did belong unto the vicar , and not to the parson , because they were minutae decimae . hill. car. c. b. sir rich. vdal and the vicar of altons case . cro. . par . . vid. hutton . the same case . wood is computed among the predial tithes , as also among the great tithes ; yet it hath been resolved , that if a vicar be only endowed with the small tithes , and hath by reason thereof alwaies had the tithe - wood , that in such case it shall be accounted a small tithe ; otherwise it is to be accounted among the great tithes g . wood , or a great wood consisting for the most part of underwoods , only some great trees here and there sparsim therein , the whole wood is tithable , unless they be specially exempted h . but if the wood for the most part consist of timber-trees , only some small parcel of underwoods or bushes in the same , no tithe shall be paid for such wood ; the timber-trees do in that case priviledge the rest of the wood i . wood converted into arable , shall not be discharged of tithes , as barren land within the statute of e. . trin. jac. b. r. case maschal & price . roll. rep. the tenth acre of wood in a coppice is a good payment of the tithe , specially if such be the custome of tithing wood in that countrey ; otherwise wood in a coppice or the like , cut and sold , the tithe thereof is to be answered not by the buyer , but the seller , as some conceive ; which by others is opposed , who hold , that the buyer , not the seller of woods selled to be sold , shall answer the tithe : the reason is , because tithes do follow the fruits ; yet the parson for his right , hath his remedy against either : but wood of coppices or trees that one cuts and spends in his own house-keeping , though he spend much , is not tithable k , unless the parson can alledge and prove a special custome to the contrary l ; for generally wood used for fewel in house-keeping is not tithable m , sed qu. the custome , it being not so per legem terrae n . nor is there any tithe to be paid for such wood as is cut for hop-poles , where tithe is paid of the hops o . but where wood is grubbed up , the land that thereby is made fit for the plough , shall pay tithe presently . and if the tithes of wood , after the inheritance thereof sold be subtracted , the parson may by the canon law implead either the buyer or the seller at his choice , though he can recover but of one ; but now by the statute p the seller only unto treble dammages . if there be parson and vicar in one church , and the vicar hath the tithe of woods , and the parson the tithe of the pasture , and wood be felled for fencing and enclosing the pasture , the vicar shall not have tithe of the wood q . woodlands converted into arable or tillage is not discharged of tithes as heath , waste , or other barren grounds , within the statute of ed. . trin. jac. b. r. case maschall vers . price , in fin . roll. rep. a prohibition in another case was granted to stay a suit for tithe - wood , upon a surmize , that the wood was spent in his house for firing , and shews , that the custome in the same parish is , that the owners of any house and land in the said parish , who pay tithes to the parson , ought not to pay tithe of wood spent for fewel in their houses : and issue being upon this custome , it was found for the defendant . it was moved in arrest of judgment , that although it be found there is no such custome , that yet he ought not to pay tithe for wood spent in his house , nor for fencing-stuff for hedges , but per legem terrae ought to be discharged of them : but it was resolved by the court , that it is not de jure per legem terrae , that any be discharged of them ; for it is usual in prohibitions , to alledge customes , or by reason of other lands whereof he pays tithes , that he is discharged of that tithe , but not to alledge , that per legem terrae he is discharged : and in this case , the plaintiff in the prohibition having alledged a custome , and it being found against him , it was adjndged for the defendant , that a consultation should be awarded r . by custome tithes may be paid for wood spent in a mans own house . mich. jac. b. watley and hanberry , agreed . and albeit there are some trees , of what age or bigness soever they be , are regularly to pay tithes , as willows , hasels , hollies , maples , birch , alders , thorns , &c. s ; yet if they are cut for fencing of grounds , or for fewel to be spent in the houses of the owner within the same parish , no tithes shall be paid thereof , unless it hath been otherwise by custome t . also wood cut for burning of bricks , to be used for repair of the owners buildings in the same parish , pay no tithes : otherwise , if used for bricks to sell , or for making houses not of necessary habitation , so as the wood in its own nature be tithable u . likewise tithe shall not be paid of the roots of such coppice-wood , as paid tithe at the cutting thereof , if such roots were soon after the cutting such wood , grubbed up to cleanse the ground w . if woodlands be mixt with woods partly tithable , partly not tithable ; it hath been held , that if the major part be not tithable , it shall priviledge the rest ; but if the greater part be tithable , then all that is tithable shall pay tithes x . touching the manner of tithing of wood and trees , and how the tithes thereof are to be paid and delivered , the reader for his better satisfaction may consult the authors in the margent y . the parson of henley brought an action of debt for l. upon the statute of e. . for not setting forth tithes of wood , and shews , that the defendant had cut down loads of wood , to the value of l. and saith , that the tenth part of that did amount to l , and so he brought his action for l. upon the statute : and the plaintiff was non-suit for one fault in his declaration ; for whereas he declares the price of the wood to be l. it was mistaken , for it should have been l. for he demanded more for the tenth part than the principal is , by his own shewing . if a man buy wood tithable , and burn it in his own house , he shall not pay tithes thereof , as hath been resolved . and no tithes shall be paid for wood cut and employed for the enclosures in the husbandry . also if a man cut wood and burn it to make brick for repairing of his dwelling-house for himself and his family within the parish , no tithes shall be paid for that wood , in regard the parson hath benefit by the labour of the family : otherwise it is , in case the bricks were only to enlarge his house within the parish , and more than needful for his family , as for his pleasure or delight . if a man sell wood to me , and i burn it in my house , the vendor shall stand charged for the tithes thereof , and not the vendee , for no tithes are due for wood burnt in the parishioners house , as hath been resolved . pasch . jac. in b. parson ellis & drakes case , and prohibition granted accordingly : although it was said , that by the civil ( or rather canon ) law , the parson hath his election to sue either of them ; which is contrary to the common law. in the lord clanrickard's case against dame denton , the plaintiff surmized to the court , that all the vill. of kent , which is a precinct containig above forty parishes time out of mind , &c. have been discharged of the payment of tithes of wood under the age of years , and the defendant had sued him in the ecclesiastical court , and hereupon had a prohibition . and the defendant traversed the custome , which a jury was taken at the bar to try ; and for inducement of the custome , lindwood was produced in cap. de decimis , where it is said , that before that time tithes were not paid for wood , which is contrary to the old and new testament , and that assertion is made by stratford archbishop of canterbury , for that this was a provincial constitution , that at that time , viz. . e. . tithes of sylva caedua shall be paid ; by which constitution the comminalty finding themselves grieved , exhibited a bill in parliament the same year e. . reciting the ancient usage of not paying such tithes , and the last constitution to the contrary , and prayed a prohibition to the contrary : to which bill answer was made in this manner , viz. be it done in this case , as it hath been done before this time : and the next year another petition was made in parl. for the same cause ; to which it was answered also , that where tithes of wood have not been used to be paid by custome , that a prohibition shall be granted : and these acts of parliament the plaintiffs counsel produced out of the parliament-rolls . crook justice gave the rule , viz. quod de grossis a●boribus decimae non dabuntur , sed de sylva caedua decimae dabuntur . vid. dr. & stu. . a. . b. anscombe said , the doctor and student mistook the maker of that constitution of stratford archbishop . in a prohibition for tithes of wood it was suggested , that in the parish there is a custome , that all the parsons of the said church , time out of mind habuerunt & gavisi fuerunt such lands , parcel of the manner of f. in recompence of all tithe - wood within the parish : it was the opinion of the justices , that it was a good prescription ; for it may be that at the beginning all the land was parcel of the mannor , and then the allowance of the profits of this land was alotted in discharge of the tithes of all the woods within the parish . in prohibition to stay a suit in the ecclesiastical court for tithes - wood it was shewed , that the custome of the parish is , that the owners of any house and land in the parish , who pay tithe to the parson , ought not to pay tithe for wood spent for fuel in their houses : it being found for the defendant , the issue being upon the custome ; it was said , that notwithstanding there were any such custome , yet tithe ought not to be paid for wood spent for fuel , nor for fencing-stuff , but per legem terrae he ought to be discharged thereof . resolved , it is not de jure per legem terrae , that any one is discharged of them ; for it is usual in parishioners to alledge a custome , but not to alledge that per legem terrae he is discharged : and in this case the plaintiff in the prohibition having alledged a custome , and it being found against him , a cousultation was awarded . a composition was betwixt an abbot and a parson , that in recompence of the tithes of all the woods within the mannor , whereof the abbot owner , that he should have to him and his successor loads of wood every year in acres of the said mannor to burn and spend in his house : the parsonage was appropriate to the abbey , and after the abbey was dissolved ; the king granted the parsonage to one , and the acres to another . it was resolved , that by the unity the estovers were not extinct ; for it they be tithes they are not extinct by this unity of possession , for that tithes run with the lands : and tithes de jure divino & canonica institutione do appertain to the clergy . wool of sheep is tithable proportionably to the time they are in the parish ; as thus , viz. the parson shall have eight pound of wool in eighty , of forty sheep in the parish a whole year : four pound of wool in forty , if they were there but half the year : two pound of wool in twenty , if they were there but three months : and but the tithe or tenth of the twelfth part of the wool , if the lay and fed but one month in the parish . the wool of sheep shorn and dying before easter next following such shearing , is not tithable , unless the parson or vicar can alledge a special prescription for it . therefore q. where by prescription such tithe is claimed a . it is said also , that a custome to pay a halfpeny for the wool de ovibus venditis , after shearing and before michaelmass , is good ; and that the sheep discharged shall be weathers as well as ewes b . also wool-locks and flocks of wool , after the wool made , are likewise tithable , if there be more than ordinary left , otherwise not : and if a prescription be alledged to be discharged of locks of wool , it must be set forth of wool casually lost c . for wool and lamb , no action lies upon the statute for not setting out of tithes , for they are no predial tithes : and no action lies upon this statute for small tithes . vid. brownl . rep. par . . cases in law , &c. yet wool and lamb are said to be predial mixt tithes . mich. jac. b. by the decree or canon of the provincial constitutions the payment of the tithe of wool is regulated as the tithe of lambs , viz. that if the parishioner hath under seven fleeces , he shall pay a halspeny for every fleece ; and if there be seven fleeces and under ten , then the parson or vicar is to allow a halfpeny for every one that is wanting of ten. lindw . cap. quoniam propter . and albeit by the said decree , election is given to the parson to receive his tithe in manner aforesaid , or to let them run on till a fleece in kind be due in the ensuing year ; yet it seems by the common law tithes must be paid annually d . although tithe cannot be denied of locks and pelts of wool , where there is much in quantity ; yet it hath been resolved , that where tithe-fleeces of wool are paid , there shall be no tithe paid of the locks and pelts of wool e . also where the custome is to shear the necks of sheep about michaelmass , to prevent the tearing off of the same by thorns by bryers in the winter , if this be done without fraud , and not to deceive the parson , then no tithe shall be paid for the same f . but for the wool of sheep dying of the rot , or any other disease , or kill'd or sold by the owner , tithe shall be paid ratably for the same g . and yet it hath been otherwise resolved , and that tithe shall not be paid of the pelts and fells of wool of sheep which die of the rot , without a special custome for it : for where the vicar of kilmonsden in the county of somerset , libelled in the ecclesiastical court for tithe of the wool of sheep , which died of the rot , a prohibition was granted h . nor shall tithe be paid of the wool of those sheep , which after they be shorn , do die before the feast of easter next following : the reasons are , ( ) because they are but of small or no value . ( ) because the owner of the sheep hath paid tithes for them the same year , and there shall not be a double tithe paid for one and the same thing in one and the same year . ( ) because tithe shall be paid of the clear profit only ; but if the sheep do die before the feast of easter , all the profit of them is lost , for which reason to demand tithes for the same , were afflictionem addere afflicto i . where a prohibition was prayed , because the parson libelled in the ecclesiastical court for the tenth part of a bargain of sheep , which had depastured in the parish from michaelmass to our lady-day : the party surmizing , that he would pay the tenth part of the wool of them , according to the custome of the parish . the court would not grant a prohibition , for that by this way the parson might be defrauded of all , and the sheep being now gone to another parish , he cannot have any wool at this time , because it was not the time or season of shearing . note in that case it was said , that de animalibus inutilibus , the parson shall have the third part of the bargain for depasture , as horses , oxen , &c. but de animalibus vtilibus , he shall have tithe in specie k . finally , to obtain a prohibition a man alledged inter alia a custome , that they used to clip the wool from the necks of their sheep for the preservation of them , as aforesaid , and at shearing they used to pay the tenth fleece , in consideration whereof they used to be discharged of the payment of tithes of neck - wool : issue being joyned upon this and other prescriptions then pleaded , and found against the plaintiff . it was moved , that no consultation might be awarded , but it was adjudged for the defendant ; for the prohibition is grounded upon the prescription , and being found against it , that , &c. wherefore being found for the plaintiff , a consultation was granted . trin. jac. b. r. jouce & parker's case . cro. . par. . vid. bulstr . . par . , . the same case . hughe's abridg. dismes , sect. . § . . an action of debt brought upon the statute of e. . for not setting forth of tithes , and the plaintiff declared as well for the predial tithes , for which he might well bring his action , as for other tithes , as of wool and lamb , for which no action on that statute would lie ; and upon trial the jury found for all , as well for those that would , as would not bear an action ; and after a verdict this exception was taken , and judgment arrested . if a man pay tithe of lamb at st. marks-tide , and after at midsomer he shear the rest of the lambs , viz. the nine parts , he ought to pay the tithe of wool for them , although there be but two months between the time of payment of the tithes of the lamb that were not shorn , paid with their fleeces , and the shearing of the rest , for it is a new increase ; in this case prohibition was therefore denied . but a man shall not pay any tithe of herbage of sheep , for that he pays tithe of the wool , for otherwise he should pay tithes twice of the same increase . if a man shear his sheep only about the neck to preserve them from the vermin , and not for the profit of the wool , the parson shall have no tithes thereof ; but otherwise it is , if they are much shorn by covin for the benefit of the wool : the law is the same , if they are shorn about the necks without fraud but two months before and two months after michaelmass to preserve them and their fleeces from the brambles , no tithes shall be paid thereof , for it appears that they were not shorn for the benefit of the wool , it being done at that time before the flecces are increased after their being shorn throughout . likewise , if a parishioner cut off the dirty locks of his sheep , for their better preservation from the vermin , before the shearing-time , and that without fraud , no tithes shall be paid thereof ; and prohibition granted in this case . but if a man kill sheep , he shall yet pay tithes of the wool that comes of them , but not for their skins . for a prohibition for suing for tithes of locks of wool , it was suggested , he had paid the tenth fleece of wool in satisfaction of all locks and tithes due for wool : the court held , that in this case the substance of the prescription was good enough , because locks be not of the same value with the fleece : but in regard of a fault in the suggestion , that it was not ( that they had usually paid ) which is issuable , a consultation was awarded . chap. xxxiii . of banns . . whence the probable derivation of that word , and what it signifies . . the manner and form of publication of banns according to the provincial constitutions . . by whom licences for dispensation of banns may be granted according to the canons ; also to whom , and under what conditions or cautions . . requisites or preparatories in law unto such licences . . a case at common law , with the resolutions of the court relating to banns , with the power of the ecclesiastical jurisdiction therein . ( . ) banns ( bannus vel bannum ) if ban in the brittish language signifies clamor , as mr. blount gives it in his nomo-lexicon , then we need seek no further for its derivation : bannos , q. an non declinata voce à graece . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omne , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 innotescat . mutatur enim facile 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for though the word be frequently mentioned by the feudists , and thence applied to other uses , as to that which we here in this kingdom call a proclamation , whereby any thing is by authority publickly commanded , permitted , or forbidden , vincen. de franch . decis . , & . yet in the sence here meant and intended , it is not so properly a proclamation as a publication or a publick notice-giving . and therefore by the word banns , as we use it , is intended that publishing of matrimonial contracts in the church tempore divnorum , before solemnization of marriage , to the end , that if any have ought material to object against the intended marriage signified by such publication , either in respect of pre-contract or otherwise , they may seasonably make their exception against it , consonant to the very letter of the canon law , where banna sunt proclamationes sponsi & spansae in ecclesiis fieri solitae . c. . extr . de spons . &c. ult . qui matrim . pos . &c. ult . de clandest . despon . vid. gothof . ad nov. leon. . in med . ibi . hottoman is very confident that there is both bannns and bannum , and that they signifie two distinct things , and neither of them to our purpose ; for according to his exposition , the one should signifie an edict what day their vassals or slaves furnish'd with horse and shall encounter one another ; the other a sanction or decree , that is , a mulct or fine imposed on him that does not obey the edict . hottom . in verb. bannus . de verbis feudalibus . ( . ) in the provincial constitutions banna are publick proclamations or denuntiations ; lind. provin . constit . de cland . despon . c. . glos . verb. bannorum . others describe them to be edicta publice proposita ; petr. de anchor . in cap. cum in tua ext. de sponsal . by the said provincial constitutions the banns ought to be solemn publications , that is , they ought to be thrice published in the parochial churches where the contracting parties and their parents dwell , on sabbath days or festival daies ( allowing some interval of time between each ) at the time of divine service , when most of the parishioners are assembled together , by the parsons of the said parishes respectively , or others in holy orders , at such times and seasons wherein solemnization of marriage is not canonically prohibited , glos . verb. bannorum , ubi supra . yet where three festivals immediately succeed each other , such publication in them made holds good in law ; prov. const . de spons . glos . in verb. a se distantibus : as also shall the marriage it self , when once solemnized , albeit such publication of banns , as aforesaid , did not precede the same . gl . in v. solen . edit . de cland despon . ubi supra . ( . ) but by the ecclesiastical canons now in force , it is ordained i that no licence for the solemnization of marriage shall be granted , without thrice open publication of the banns , according to the book of common prayer , by any person exercising any ecclesiastical jurisdiction , or claiming any priviledges in the right of their churches ; but shall be granted only by such as have episcopal authority , or the commissary for faculties , vicars general of the archbishops and bishops sede plena , or sede vacante , the gardian of the spiritualties , or ordinaries exercising of right episcopal jurisdiction in their several jurisdictions respectively , and unto such persons only as be of good state and quality , and that upon good caution and security ; which shall contain these four conditions . ( ) that therein is not any impediment or precontract , consanguinity , affinity , or other lawful cause to hinder the said marriage . ( ) that there is not any suit depending in any court before any ecclesiastical judge , touching any contract or marriage of either of the said parties with any other . ( ) that they have the consent of their parents or guardians . ( ) that they shall celebrate the said marriage publickly in the parish-church or chappel where one of them dwells , and that between the hours of and in the forenoon . pasch . . car. b. r. case matingley vers . martyn . it was resolved , that if any marry without the proclamation of banns , or licence to dispence therewith , they are citable for the same in the ecclesiastical court , and no prohibition lies in the case . jones rep. ( . ) before any such licence ( as aforesaid ) can be granted , it must appear to the judge by the oaths of two sufficient witnesses , that the consent of the parents or guardians is thereunto obtained ; and one of the parties must personally swear , that he beleives there is no lett or impediment of precontract , kindred , or alliance , or of any other lawful cause whatsoever , nor any suit commenced in any ecclesiastical court , to hinder the said marriage according to the tenor of the said licence ; but in case the parties be in widowhood , then the clause relating to the parents consent may be omitted ; the penalty for offending in the premisses is six months suspension ab executione officii in any commissary for faculties vicars general or other the said ordinaries , together with a vacating of every such licence or dispensation , and subjecting the parties marrying to the punishments appointed for clandestine marriages . the syntagmatist tels us , that there is a canon extant , made by john metropolitan of muscovy , who is held as a prophet in russia to this day , that matrimonium non nisi publice in ecclesiis contrahatur . petrus gregor . tholos . k ( ) in the case of matingly against martyn it was resolved ( ) that the cognuzance of all fornications , adulteries , and suspected living in adultery doth appertain to the ecclesiastical court , ( ) that if any marry without proclamation of the banns , & without a licence to dispence therewith , they are citable in the ecclesiastical court for the same , and no prohibition lies in that case ( as aforesaid . ) ( ) that if any licences to marry without banns be granted by the ordinary of the diocess , or by commissaries or officials in their jurisdictions , or by the archbishop in his province before the stat. of . h. . the cognuzance of the sufficiency of such licence , of the form of the dispensation , and of the conditions and provisoes of such licence , and whether sufficient notice thereof were given or not , are examinable only in the ecclesiastical court ; and when the licence is sufficient , and the provisoes well and duly observed , and notice thereof , and this be refused or rejected in the ecclesiastical court , yet no prohibition lies , but the party grieved must have his remedy by way of appeal , and not otherwise . ( ) that where power is given by act of parliament to the archbishop to grant licence either de novo or in confirmation of his authority , yet the form of the dispensation , and the observation of the provisoes and conditions thereof , and whether sufficient notice were given or not , are examinable in the ecclesiastical court ; and if they there adjudg in that case irregularly , no prohibition lies , but the remedy is only by way of appeal : but if it come into question in the ecclesiastical court , whether the words of the act of . h. . do give sufficient power to the archbishop to grant a licence , there if the ecclesiastical court doth judge against the power , a prohibition lies , and not otherwise ; but if they allow the licence in point of power , and only insist upon the form , and notice , and other circumstances , in such case a prohibition doth not lie : for though a power to grant licences be by act of parliament , which is a temporal thing , yet the licence it self remains an ecclesiastical thing , and the examination of all these things ( saving the power ) remains to the ecclesiastical court as it was before . chap. xxxiiii . of adultery . . what adultery is , why so called , and in what court cognizable . . the punishment of adultery under the levitical law ; and what it was anciently by the civil law. . the several punishments thereof anciently according to the quality of the offenders respectively . . adulterers compared to idolaters ; strange punishments of adultery among the ancient pagans . . the severity of certain ecclesiastical laws in ancient times against adultery . . the customs among the arabians , mahumetans , tartars , indians , pagans , in punishing adulterers . . the civil law touching jealousie , and second marriage the former husband then living . . adultery , what in sensu largo ; how the punishment thereof is now mitigated at the civil law to what it was anciently ; and how punished at the canon law. . the diversity of punishments inflicted on adulterers according to the divers customs of nations respectively . . in what respect the temporal laws may take some cognizance of adultery . . what the saxons of old in this kingdom called the punishment of adultery ; the remarkable case of sr. jo. de camois . . adultery fals under a threefold consideration of law ; the history of the adulterous stork . ( . ) adultery , or adulterium , quasi [ ad alterius thorum ] where the rights of lawful matrimony are violated , lindwood's const . de offic. archipresb . verb. tertium mandat . is the incontinencie of married persons , or of persons whereof the one at least is under the conjugal vow . this is properly cognizable within the ecclesiastical jurisdiction ; the conviction whereof is by examination and other legal proof requisite by the law of the church ; which if committed by any of the clergy , duely convicted thereof , he was punishable by imprisonment at the discretion of the bishop or ordinary of that diocess wherein he resides . b ( . ) by the levitical law adultery was punished with death in both sexes , c yea stoned to death . d by the civil law also , which cals it the violating of another mans bed , the punishment anciently was death , both in the man and in the woman : but afterwards the punishment was mitigated by that law as to the woman , she being first whipt , and then shut up in a monasterie ; but by the canons other laws are inflicted . ( . ) at the synod in ireland , held by st. patrick and other bishops an . . by the th . canon thereof the adulterers were to be excommunicated . at the council held at berghamstead by bertwald archbishop of canterbury , the bishop of hereford and others , in the fifth year of withred king of kent an . . several laws were made against adultery , according to the several qualities and conditions of the persons offending respectively ; beside excommunication against all such ; if the adulterer were an alien , he was to depart the land , and to take his sins and his estate away with him : if a soldier , then to be fin'd five pounds : if a rustick or countrey husbandman ( known in the law by [ paganus ] ) then to pay fifty shillings : if a priest , then to be inhibited from administring the sacrament of baptism . ( . ) boniface archbishop of mentz , when he was the popes legate in germany , an . . in his epistle to aethelbald king of mercia , compares adulterers to idolaters ; and moreover says , that the greeks and romans compar'd adultery to blasphemy , when committed by or with one of religious orders ; and adds , that among the pagans , in the time of the old saxons the very pactice was , that if a virgin adulterously defil'd her fathers family , or a married woman plaid the whore , they were enforced to be their own executioners , and by their own hands to reduce themselves by strangling to dead corps , which being after burnt , the adulterer was hangd over the ashes thereof ; and at other times the adulteresses were by those of their own sex , out of their zeal to chastity , whipt from village to village , till they were whipt to death . in antiqua saxonia , ubi nulla est christi cognitio , si virgo in paterna domo maritata , sub conjuge fuerit adulterata , manu propria strangulatam cremant , & supra fossam sepultae corruptorem suspendunt ; aut cingulo tenus vestibus abscisis flagellant eam castae matronae , & cultellis pungunt , & de villa in villam inter se occurrunt novae flagellatrices , donec interimant . by the laws of william the conqueror the adulterer was to be put to death . si pater deprehenderit filiam in adulterio in domo sua , seu in domo generi sui , bene licebit ei oure ( lege forsan occire , occidere ) adulterium . ( . ) in the ecclesiastical laws of keneth king of scots , an . . by the th . and . canon thereof it is ordained , that he who deflowrs a virgin , shall dye for it , unless she desires him for her husband ; and that he who adulterates another mans wife not dissenting , both shall suffer the severest punishment , unless she were under a force , in which case she shall be acquitted . by the ecclesiastical laws of hoel dak king of wales , an . . it was a sufficient cause of divorce , if a woman did but kiss any other man than her husband . l. . yea she must lose her dower and all her rights by that law , and only for a kiss ; and by the same law adultery in the man was held as a kind of hostility . in the time of the latter saxons by the ecclesiastical laws of king edmund , an . . adulterers and murderers had one and the same punishment , and both alike denied christian burial . after him , by the ecclesiastical laws of king knute , an . . adulterers and such as violated the chastity of a widow or a virgin , were to be banished and their estates confiscate : and in case a wife playd the strumpet , her husband living , he was to possess himself of all her estate real as well as personal , and she to have her nose and ears cut off , and an indelible blot with perpetual infamy to remain upon her family . ( . ) the arabians ( as strabo relates ) though they used incestuous copulation with sister and mother , yet punished adultery with death ; but that only was adultery in their account , which was out of the same linage or kindred , for otherwise all of the same blood to use the same woman , was but their ( incestuous ) honesty . and by the very alchoran not only is an unchast look on another mans wife forbiden , but also if a wife be convicted of adultery by the testimony of four women , she is confin'd to perpetual imprisonment in her own house till she dyes , and none suffered to come at her : and in some parts of the grand signiors territories the turks have a custom to thrust the adulterers head into a dung-wallet of the panch of a beast new killed , and so to carry him through the streets ; but for a christian to have carnal knowledg of any of their women , is death , unless he turn turk . and with the tartars their women are so chast , as that adultery is seldom heard of among them , but when it happens to be committed , they punish it also with death . e among the very pagan indians as at dominica , cuiana , bantam , japan , and other parts of the indies adultery is punished with death : f likewise the javans and chinois or chinesses inflict the same punishment of death on adulterers ; and at pequin , the city where the king of china makes his residence , the dowries or joyntures of convicted adulteresses are bestowed on the hospitals of female orphans ; g and at petane , a province joyning to chinas their noble personages are for adultery even by their own parent either strangled or stab'd to death , at their own choice which . at brasile , the husband might kill his adulterous wife , h and at mexico or new spain adultery was death ; i also by the laws of the inguas , the ancient lords of peru , adultery and incest with ascendents or descendents in the direct line was punished with death ; yet they held it no adultery to have many wives , whereof one only was principal , with whom marriage was contracted , whom they wedded and received with a particular matrimonial ceremony , she only was held as the adulteress , and with the adulterer died for it ; the others being rather concubines than wives , were not understood by them as capable of this offence or punishment . k indeed in the kingdom of angola in aethipia and at bengala in the indies adultery is but the loss of the adulterers nose , l and in guinea it is in the woman but a divorce and banishment from her house , and in the adulterer but a forfeiture of peso's of gold to the king ; and among the jews , now since the sword and scepter departed from judah , it is but a penalty in stead of a punishment , and but a standing up to the chin in cold water to quench the flames of lust . these presidents are not here quoted for laws , but only to let us see what constructions even pagans and mahumetans have made of adultery . ( ) by the civil law , a man jealous of his wife , may accuse her before a competent judge of adultery , if after three admonitions , in the presence of three credible persons , given to the person suspected of too much familiarity with her , he refrain not from her company and communication with her . auth. coll. . by which law also both sexes are punished as guilty of adultery ; if a woman , whose husband is abroad in the warrs , or otherwise absent , marry again , before she hath certain intelligence of his death either from the commander under whom he served , or from the governour of the place where he died ; for without such certain intelligence , if she presume to marry again ( how long soever her husband is otherwise absent from her ) both she and he who married her shall be punished as adulterers ; and if her former husband after such her second marriage return back again , she also shall return back again to her former husband , if he will receive her , otherwise she shall live apart from them both , auth. coll. ibid. blackden married one within age , and after disagreed , so that they might marry elswhere ; and the first wife had issue by other husbands , and died ; and blackden was sued in the ecclesiastical court by an informer , supposing he had married a woman , living his other wife , and blackden there proves the disagreement , by which he had sentence for him against the informer , and yet he was taxed to give the informer marks for costs , which he refused to pay , and moved for a prohibition , which was granted : for it was injustice to allow costs to one who had vexed him without cause , and when sentence had been given against the informer . ( . ) this adultery or adulterium , quasi [ ad alterum ] being ( as aforesaid ) an unlawful access ad alterius thorum , although it properly refers to one or both such as is or are in a matrimonial state , yet by abuse of words it is also commonly understood of corrupting or violating the chastity of a virgin or a widow ; as when we usually say , such or such natural things are adulterated , when by reason of some artifice they are corrupted and become not truly natural ; and such wares and merchandizes are adulterated , when there is some fraud in the case , and so adultery is repugnant to the very nature of matrimony , which of two makes one , when as the other of one makes two : the punishment whereof was anciently by the civil law , capital as to the man : but by the latter laws of the authenticks , the women are first whipt , then thrust into monasteries ; and by the canon law it is excommunication . ( . ) plato made a law , that whoever kill'd an adulterer , should go unpunished . the inhabitants of arabia foelix punished it with death . seleucus , otherwise nicanor , king of syria , that succeeded alexander in the government of that part of the empire , decreed that whoever was apprehended in adultery should be exoculated , or have his eyes pluck'd out , which afterwards happened to be impartially first executed on his own son o . and albeit according to the proper construction of words there is a difference put between adulterium and stuprum , the former referring to persons married , the other to widows or virgins . modestin . in l. inter stuprum ff . de verb. sig. yet by the julian law the word [ adultery ] is used indifferently in reference to both : id. modest . in l. stuprum . ad l. jul. de adult . but to speak properly , they are not termini convertibiles , for though all adultery be whoredome , yet every whoredome is not adultery ; each of which have their respective punishments according to the laws and customs of the place where they are committed . grotius out of lessius affirms , that the adulterer and adulteress are not only obliged to indemnifie the innocent party as to all charges of alimentation of the unlawfully begotten , but also to make good what dammage the legitimate children may thereby suffer in their inheritance , and whoever doth lessen the reputation of a virgin either by force or insinuations , shall refund to her as much as she is thereby fallen in value , upon the hopes or expectation of her preferment in marriage : but if by his sollicitations he hath obtained the use of her body under a promise of marriage , he is obliged to marry her accordingly . grot. de jur . bel . lib. . cap. . § . . & less . lib. . cap. . dub. . ( . ) although this sin of adultery , is properly and of right belonging to the cognizance of the ecclesiastical jurisdiction , yet it will not be denied , but that as it is an offence against the peace of the realm ( for which reason some are of opinion that avoutry or bandry is an offence temporal as well as spiritual ) the justices of the peace may out of their sessions require surety for the good behaviour of such as offend therein , as also of such as by common fame are reputed resorters to houses suspected of maintaining adultery or incontinency , of such as keep such houses , of lewd women found in such houses , of common whoremongers and common whores ; s and upon information given to a constable , that a man and a woman be in adultery or fornication together ( or that a man and woman of evil fame or report are gone to a suspected house in the night ) the officer may take company with him , and if he find them so , he may carry them to prison , or before a justice of peace to find sureties for the good behaviour . t ( . the punishment of adultery is diversified according to the laws and customs of several nations respectively as forementioned , and the penalty thereof with the saxons of old in this kingdom was called lairwite or lecherwite , and legergeldum , from two saxon words signifying it seems concumbere and mulcta , v a fine or custom of punishing offenders of that kind ; which priviledg is said to have belonged anciently to the lords of some mannors , in reference to their villains and tenants . w and by statute law , as also by the law of the land , a wife that clopes , and departs from her husband with an adulterer , and refuses to be reconciled to him , loseth or forfeits her dower or jointure , x yea though she departed from him with his own consent , to which purpose remarkable is that case of sr. john de camois , son of the lord ralph camois , in the time of ed. the first , who of his own voluntary will gave and demised his own wife margaret , a daughter and heir of john de gaidesden unto sr. william pannell kt. and together with her gave , granted released , and quit-claimed all her goods and chattels &c. so that neither himself nor any other in his name , should ever after make any claim , or challenge any interest in the said margaret , or to or in her goods or chattels , &c. whereupon , she demanding her dower in part of the lands of sr. john camois there happened a suit at law , wherein she was overthrown by judgment given , that she ought to have no dower out of his estate , upon the stat. of westm . . quia recessit à marito suo in vita sua , & vixit ut adultera cum praedicto gulielmo , &c. y ( . ) there are of the church of rome , who hold that adultery in conjugato cum soluta is minus peccatum quam in conjugata cum soluto ; the reason they give for it is , for that it is far more repugnant to the law of nature that one woman should be joyned to two men , than e contra , and suppose that bigamy in the patriarchs of old is an impregnable fortification of that reason ; the feminine sex will give them but little thanks for this opinion : but leaving them to enjoy the one and the other , we hold that this , as to the inquiry and punishment thereof , is properly within the ecclesiastical cognizance , it being most consonant to reason , that in what jurisdiction matrimonial causes are controvertible , in the same should the violation of conjugal rights be discussed ; to which end , as well the civil as canon law ( though that especially ) are furnish'd with great variety of constitutions , to obviate all manner of circumstances relating to this subject . pasch . . car . b. r. case matingly vers . martyn . it was resolved , that the cognizance of all fornications , adulteries , and of persons suspected to live in adultery , doth belong to the ecclesiastical court. jones rep. so then adulterium being quasi accessio ad alterius thorum , is the violation of anothers bed ; whence it is required , that either both , or one of the parties , be under the matrimonial vow ; for that conjugal circumstance , either in the male or female , is as the causa sine qua non , that the luxurious act falls under the notion of adultery , in distinction from acts of the same kind under other circumstances : for the law holds , that it may be committed in a threefold manner , either ex parte viri , vel feminae , vel utriusque alway supposing that one or both are matrimonializ'd , and both living . the penalty of adultery hath varied according to the laws and customs of several nations , and of several ages in the same nation ; as appears by what hath been said on this subject ; the punishment of this epidemical evil , the very brutes and meer animals have given us a president of , if credit may be given to such as have made report of the stork , of which lessius writes out of another author , as being a creature of strange abhorrency and revenge of adultery , that by the very instinct of nature the jealous animal , impatient of vindicating his defiled nest , summon'd others of the same feather to advise in the case , testifying that in his own time a certain stork being as it were convicted of adultery per olfactum masculi sui or the smelling of her male , he conven'd a flock of other storks , before whom he so prosecuted ( nescio qualiter , sayes the author ) the indictment against the female stork , that she was first deplum'd , then torn in pieces , by the rude multude of the other storks , as if in a solemn council they had all unanimosly sentenc'd her to death as an adulteress . if the report seems improbable , yet the moral is very applicable . chap. xxxv . of bastards and bastardy . . what bastard signifies ; the derivation of that word . . the difference between bastard and mulier ; what mulier signifies ; and why so called . . bastardy distinguish'd at the common law into special and general bastardy . . the presumptions of law touching bastardy , in case of the husbands obsence from his wife . . five appellations of bastards for distinctions sake at the civil law , with respect to the several qualities of the persons of whom they were begotten . . the different modes of prosecution of bastardy in the temporal and ecclesiastical courts . . limitation of time in reference to birth and bastardy by the civil law ; the chast widow of paris , whose child born the th month after her husbands death , was adjudged legitimate . . of a child born before marriage , or immediately after marriage ; or long after marriage of a woman whose husband dyed without bedding her , whether bastard or not ? . the legal computations of time touching the birth of a child , whether legitimate or not , and of such as are begotten after a divorce . . the punishment of a woman having a bastard , that may be chargeable to the parish . . how the same person may in divers respects be both a bastard or nullius filius , and yet a son. . the physicians report in court , in a case at common law , how long a woman may go with child . . the bishops certificate requisite in a plea of bastardy , indisability of a plaintiff . . the power of the justices of the peace , and of the sessions , in reference to the reputed fathers of bastards . . in an action for saying such an one had a bastard , a prohibition to the ecclesiastical court , because they admitted the defendants , confession , but would not allow of his justification . . who are held as bastardiz'd at the common law. . what a mulier is at common law. . other descriptions of muliers and bastards . . the difference between the civil and common law in point of muliers and bastards . . what kind of divorce shall bastardize the issue . . different resolutions touching bastardy . . a man is divorc'd causa frigiditatis , marries again , hath issue by the second wife , the first living , q. whether that issue be a bastard . . a case of remark touching this subject adjudg'd in ireland . ( . ) bastard , bastardus , nothus , spurius , filius naturalis , filius populi , filius nullius , incestuosus — adulterinus , illegitimo coitu progenitus . bastard is a french word , bastardd brittish ; yet some are of opinion that the word [ bastard ] hath its derivation from two german words [ boes art ] that is , degeneris ingenii . q. an non è graec. bassaris . i. e. meretrix vel concubina . bastard and filius naturalis are both one a . bastard is that male or female that is begotten and born of any woman not married , so that the childs father is not known by order and judgment of law , for which reason he is called filius populi b . ( . ) bastard and mulier are opposed each to other at the common law , otherwise at the canon law. for at the common law by mulier is meant and understood one that is lawfully begotten and born , and therefore where they are compared together we shall find at that law this addition to them bastard eigne or elder , and mulier puisne or younger ) and by the common law he or she that is born before marriage , celebrated between the father and mother is called a bastard ; and by that law , a child begotten and born of a woman out of marriage , by one who after marrieth her , is said to be not a mulier but a bastard c . this word [ mulier ] seems to be a word corrupt from melior , or the french [ melieur ] signifying at common law the lawful issue , preferr'd before an elder brother born out of marriage d . but by glanvile such lawful issue seems rather mulier than melior , because begotten à muliere , and not ex concubina ; for he calls such issue , filios mulieratos , opposing them to bastards e , quia mulieris appellatione uxor continetur , l. mulieris . & ibid. gloss . de verb. sign . ( . ) bastardy [ bastardia ] at the common law signifieth a defect of lawful birth objected to one begotten out of marriage f . which law doth distinguish bastardy into special and general g . the later whereof being only a certificate h . from the bishop of the diocess to the kings justices , after just enquiry made , whether the party enquir'd of , be bastard or not ; upon some question of inheritance ; and the former being only a suit commenced at common law against him that calls another bastard ; this being called bastardy special , because bastardy is the principal and special matter in tryal : as the other is called bastardy general , because inheritance is there the chief thing under debate and in contest ; by both these significations bastardy at the common law seems to be taken only for an examination or tryal , whether a mans birth be illegitimate , and so does but rather imply what it is not , than express what it is i which ( according to a better definition ) is an unlawful state of birth , disabling the partie to succeed in inheritance . ( . ) it appears by what hath been said , that a bastard is one that is born of any woman , so as the father be not known according to the order of law k . so that if any woman hath a child before her marriage , it is a bastard : and though the father thereof after marry the mother , yet in the judgment of the common law it is still a bastard , but at the canon law it is otherwise as aforesaid l . if one marry infra gradui maritagii and hath thereby issue , q. whether it he a bastard or mulier in case divorce doth after thereupon ensue m . if there be issue by a second husband or wife , the former then living , such issue is a bastard n a woman eloping from her husband , and living in avoutry ( her husband being beyond sea that he cannot come at her ) having issue in this time , this issue seems to be a bastard : but by the common law , if the husband be infra quatuor maria ( he ) within the jurisdiction of the king of england , and his wife have issue in his absence , no proof is admissable to prove the child a bastard , unless there be an apparent impossibility of procriation in the husband , in which case such issue , albeit born within marriage , is a bastard o . and by the civil law , if the husband be so long absent from his wife , or by no possibility of nature the child can be his , or the adulterer and adulteress be so known to keep company together , as that by just account of time , it cannot fall out to be any other mans child but the adulterers himself , it is accounted to be a bastard : and yet in these very cases within this realm , unless the husband be all the time of the impossibility of procreation ( as aforesaid ) beyond the seas , the rule of law will hold true , pater is est quem nuptiae demonstrant p . note in debt upon an obligation by cook chief justice ; and so was the opinion of the civilians , that a disagreement to the marriage had under the age of of consent , at the age it ought to be published in court ; otherwise the issue may be bastarded . for a disagreement in writing is not a sufficient disagreement , nor a good proof q ( . ) the law hath given several appellations for the distinction of bastards according to the different conditions of the persons of whom they were begotten ; as when they were begotten by persons of a single and unmarried estate , and of such as were kept as concubines , the civil law called them filii naturales : if begotten of single women , not design'd for concubines , for satisfaction of present lust , then they were called spurii : if begotten of such as the law styles scorta , or common harlots by publick profession , than they were called manzeres : if begotten of married women , then they were called nothi : if begotten between ascendents and descendents , or between collaterals contrary to the divine prohibition , then they are called incestuosi . ( . ) bastardy so stains the blood , that the bastard can challenge neither honour nor arms ; and so disables him , that he cannot pretend to any succession to inheritance . the temporal and the ecclesiastical laws with us do not differ as to matter of bastardy , but something as to the prosecution thereof : the ecclesiastical law brings it two ways to judgment , incidently and principally ; the common law makes two sorts thereof , general and special . incidently at the ecclesiastical law , when it is pleaded in bar to a claim of something in right of nativity : principally , when by reason of some slanderous and reproachful speeches , it is brought before the court as the principal matter in judgment to be alledged and proved , that thereupon sentence may be pronounced accordingly by the ecclesiastical judge , ad curiam enim regiam non pertinet agnoscere de bastardia r . general bastardy at common law , is so called because it is in gross objected in barr against a man to disappoint him in the principal matter of his suit. which , because it is of ecclesiastical cognizance , is sent by the kings writ to the ordinary , to enquire whether the party charged with bastardy were born in , or out of lawful matrimony ; and as the ordinary finds the truth of the matter upon due examination , so he pronounceth accordingly in his consistory , whereof he returns certificate to the temporal courts s . special bastardy at the common law , seems to be only that , where the matrimony is confest , but the priority or posteriority of the nativity of him , whose birth is in question , is controverted t . general bastardy ought to be tryed by the bishop , and not by the country l . but bastardy in this sense cannot be tryed by the ordinary otherwise than by vertue of the kings writ , on some suit depending in the temporal court m . when issue is joyn'd on bastardy , before it be awarded to the ordinary to try it , proclamation thereof is made in the same court , and after issue it is certified into chancery , where proclamation is made once a month for three months , and then the lord chancellour certifies it to the court where the plea is depending ; and after it is proclaimed again in the same court , that all such whom the said plea concerns , may appear and make their allegations before the ordinary n ; whose certificate of bastardy is nothing to the purpose , unless it come in by process at the suit of the parties o . and this bastardy ought to be certified under the seal of the ordinary , for it is not sufficient to certifie it under the seal of the commissary p . and although the defendant be certified a bastard by the ordinary , yet the certificate shall lose its force , if the plaintiff be afterwards nonsuit , for then the certificate is not of record q . in the case of elborough against allen , it was said by crook , that for calling one bastard generally , there is not any sufficient ground of action at the common law , but if there be any special loss thereby , it shall be a good ground of action at the comon law , as if a man be upon marriage , or in treaty for the sale of land , whereby his title is disparaged . doderidge justice said , that the word bastard is generally of another jurisdiction and belongs to the ecclesiastical court to determine what shall be bastardy , and their judgement is given for the damage , which the party had in his birth , and for that their entry is quia laesis est natalitiis . and in this case the chief justice said , that generally to say j. s. is a bastard , j. s. hath not cause of action given him thereby ; but if there be a temporal cause averr'd , the common law may proceed therein ; for though originally bastardy be of the ecclesiastical jurisdiction , not triable at the common law ; and therefore as in its general nature it is of the spiritual jurisdiction , so being by its generality no ground of action at the common law , yet if one be to sue for a childs part , or sue for the administration of his fathers goods , and this be set forth in the declaration , it will maintain an action at common law. doderidge justice said , that to say generally that one called him bastard , is not ground of action , if he doth not shew some special loss thereby , as when a woman brings her action , and says that she was in treaty of marriage , and that the defendant called her whore , this will not maintain an action unless she say withall , that by reason of these words she lost her preferment ; but chamberlain justice said , to call a woman whore is at this day a sufficient cause of action for her , for that it is punishable by the statute ; he also further said , that if a man libel in the ecclesiastical court , that he hath lands by descent , and that j. s. call'd him bastard , they may not proceed there ; or if they do , a prohibition lies , he further said , that for calling a man bastard generally , without special loss alledged , action shall be maintained , and cited a case in eliz. dyer . where a man recovered red great dammages , for that the defendant had said that his father was a bastard ; and cited also one nelson and stokes case in jac. where the plaintiff did not alledge any special cause of action , and yet recovered : ( . ) by the civil law such as were born in the beginning of the eleventh month next after the decease of their mothers husband were to be accounted legitimate , but such as were born in the end thereof , were to be accounted bastards auth. col. . yet the gloss there relates a matter of fact contrary to this law , and gives us an instance of a widow in paris , who was delivered of a child the fourteenth month after her husbands death , yet the good repute of this womans continency prevailed so much against the letter of the law , that the court judg'd the causes of child-birth to be sometimes extraordinary , the woman to be chast , and the child legitimate . hoc tamen in exemplum trahi facile non oportet , as the gloss there concludes . ( . ) by the common law , if a child be born but an hour after the solemnization of marriage , it shall be the husbands , though it were begotten by another man , who was not the mothers husband , and may be the heir of him who married the mother but a day before the birth of such child u for in that case he is not reputed a bastard , who cannot inherit land as heir to his father , nor can any person inherit land as heir to him , but one who is heir of his body x . otherwise it is in case the child were begotten by him who after the birth of the child doth marry his mother ; for in that case notwithstanding such marriage subsequent to the birth , the child is reputed a bastard in the judgment of the common law , as being born out of wedlock , though according to the ecclesiastical law the child in that case is reputed as legitimate y . but if one marry a woman , and dye before night , without ever bedding her , and she after happen to have a child , within possibility of conception in respect of time computable from such marriage , it seems it shall be accounted his child , and legitimate z . ( . ) if a child be born within the tenth month ( computing thirty days to the month ) next after a mans death , it shall be reputed his child as a mulier ; but the most natural time is nine months and ten days ( computing twenty eight days to the month ) which is forty weeks ; or any day in the tenth month may be natural enough a . also the children begotten under a second marriage after a lawful divorce from a former , are legitimate , and not bastards b . and the child wherewith the mother is visibly big when she taketh a second husband , shall be reputed the child of the former husband , though born after marriage with the second . otherwise , if at her second marriage she were so privlly with child as that it could not be discerned ; understand it with this limitation , if by possibility of nature it may be so c . and if a widow take another husband within ten days next after the death of her former , and be delivered of a child eleven days before or after forty weeks from the death of the said former husband , it shall be reputed the child not of the former , but of the later husband d . and in one thecker and duncombes case it was adjudged , that a woman may have a child in thirty eight weeks , and that by cold and hard usage , she may go with child above forty weeks ; which was mention'd by the court in the case of one owen against jevon in an action of the case for saying , this is the whore that my man c. begat a bastard on ; and upon a verdict for the plaintiff it was moved in arrest of judgement , that the words are not actionable , because there is no special loss or dammage alledged by the plaintiff , and that in one lightfoots case against pigot it had been ruled that an action lies not for saying a woman had a bastard : but it being argued on the other side , that the words are actionable , because if they were true , the party of whom they are spoken is punishable by the statute of jac. with corporal punishment , judgement was given for the plaintiff , nisi . e . ( . ) the punishment of a woman that hath a bastard , that may be chargeable to the parish , is the house of correction for one year by the statute f . ( . ) although in the judgement of the common law a bastard be reputed quasi nullius filius g , insomuch that , if being seized of lands in his own right , he dye without issue of his body , they may escheat ; yet even by that law the bastard in respect of his mother is said to be a son h . but in respect of the the father he is said to be nullius filius , and therefore in the case of ralph haward and the lady anne powes his wife in a writ of partition , it was held , that if the mother dispose of all her lands holden in knights servive , to her bastard-daughter by conveyance in her life-time , that the same is out of the statute of h. . because she is but a meer stranger to the father , because nullius filia ; and the said statute speaks of lawful generation . and in the ed. . . in a praecipe , where a bastard was named filius j. s. the writ for that reason did abate i . for the same reason also it is , that in a conveyance by a father to his bastard-son , natural affection is not a sufficient consideration ; for that he is a stranger in law , although he be a son in nature k . and yet it seems if a grant be made to a bastard by the sirname of him who is supposed to beget him , it is good , if he be known by such name , and yet in truth he is nullius filius . and if husband and wife divorced causa praecontractus , the issue hath lost his sirname , for cognomen majorum est ex sanguine tractum ; and the issue now is bastard and nullius filius : yet because he had once a lawful sirname , it is a good ground of reputation , to make him a reputed son , which is a good name of purchase l . and it hath been resolved that a child begotten by a second husband ( living the former ) of a woman divorced from the former causa praecontractus , is legitimate and no bastard m ; but in another case , that a child begotten after marriage solemniz'd infra annos nubiles , and for that cause after divorced , is illegitimate and a bastard n . ( . ) a. takes b. to wife and dies . b. after forty weeks and ten days is delivered of a daughter . the question is , whether the daughter shall be heir to her father , or a bastard ? the affirmative prevails , and such a child may be lawful daughter and heir to her father ; for a post-natus , that is born after the forty weeks , may as well be an heir as an ante-natus that is born at the end of seven months ; and a child may be legitimate , although it be born the last day of the tenth month after the conception thereof , computing the months per menses solares & non lunares ; according to the report given upon oath by the learned physicians in alsop's case o , if a man hath issue born by his wife forty weeks and eight daies after his death , as if he dye the three and twentieth of march , and the issue is born the ninth of january next following , that issue shall be held legitimate , for it may be legitimate by nature , and it seems the common law doth not limit any certain time for legitimate infants to be born : p upon evidence at the barr which concern'd the heir of one andrews , it was resolved by the court , that dr. paddey and dr. momford , physicians , should ( being first sworn ) in that case inform the court upon their oaths , whether according to nature such issue may be legitimate , and they said that the exact time of the birth of an infant is . dayes from the conception , viz. nine months and ten days after conception , accounting it by the solar months , viz. . days to each month ; but it is natural also if he be born any time of months , viz. in weeks , for by such account months and weeks , or all one , but by accident an infant may be born after the weeks , or before : si partus nascatur post mortem patru ( qui dicitur posthumus ) per tantum tempus , quod non sit verisimile quod possit esse defuncti filius & hoc probato talis dici poterit bastardus . ( . ) it is agreed on all hands that bawardy is an ecclesiastica cause , and of ecclesiastical cognizance , and therefore if bastardy be pleaded in disability of a plaintiff , the sa●● 〈◊〉 be tried by the certificate of the bishop , whether it be in real action relating to inheritance , or personal relating to 〈◊〉 otherwise where action on the case will lie : but if it be pleaded , that the plaintiff was born at such a place before the marriage solemnized , and so he is a bastard : this the common law cals a special bastardy , and shall be tried by jury at the common law , where the birth is alledged ; r so in the duke of suffolk's case of partition , where special bastardy was pleaded , and issue thereupon taken , the trial was awarded to be by a jury of london . s and where in an action , upon the case brought for calling one bastard , the defendant justified that he was a bastard ; it was awarded , that it should be tried by the countrey , and not by the ordinary . t which seems somthing paradoxical , that if bastardy be pleaded in disability of a plaintiff , then it shall be tried by the bishops certificate ; but if it be pleaded , that the plaintiff was born in such a place before the marriage , then by a jury : the former whereof is said to be a general bastardy ; the other a special bastardy ; whereas in truth they both seem to differ only in this , that the former seems to be a general relating to the plaintiffs condition in respect of his disability , the other seems to be a special relating to the circumstances of place and time of his nativity , but both referring to his bastardy . ( . ) if a man , that is ordered by two justices of the peace to keep a bastard-child ( he being according to the said order the reputed father ) shall appeal from the said order to the next quarter sessions according to the stat. of . eliz. and being there discharged , and the said order repealed , shall yet afterwards at another quarter-sessions of the peace upon re-examination of the matter be ordered according to the first order ; in that case it hath been held by the court , that the second sessions had no power to alter the discharge made by the former sessions . v and in another case it hath been resolved , that before the statute of . car. c. . the justices at the sessions had no authority to intermeddle in the case of bastardy , till the two next justices according to the stat. of . eliz. had made an order therein ; as also that by the stat. . car. the justices of their several limits are to make an order in case of bastardy . ( . ) c. commenced an action in the spiritual court against w. for saying that he had a bastard . w. the defendant alledged in the said court , that the plaintiff was adjudged the reputed father of a bastard by two justices of the peace according to the statute , whereupon he spake the words . the spiritual court accepted of his confession , but would not allow of his justification ; whereupon he prayed a prohibition , and it was granted y . it is not denied , but that if the spiritual court try a thing that is of temporal cognizance , a prohibition may lie , although all the cause were originally spiritual , as was resolved in kenns case z , in which case it was likewise resolved , that where the cause is spiritual , there the spiritual court hath jurisdiction ; and in the case between banting and lepingwell it was resolved , that the judges of the common law ought ( that is the word in the report ) to give faith & credit to the proceedings of the spiritual court , albeit it be against the reason of their law a ( . ) if a man having a wife , take another wife , and hath issue by her , living the former wife , such issue is a bastard b , for the second marriage is void c . if a man marry one within the degrees prohibited , the issue between them is not ( by the common law ) a bastard , until there be a divorce , for by that law the marriage is not till then void d . ( so it is although the brother marry the sister ) e if a man hath issue by a. and after marries her , yet the issue is a bastard at the common law f , an ideot may consent to marriage ( by the common law ) though he were an ideot from his birth , and his issue by that law is legitimate g if the husband be castrated , so that it is apparent that he cannot by any possibility beget any issue , and his wife have issue divers years after , it shall be a bastard , although it be begotten under marriage , for that it is apparent that it could not be legitimate h . ( . ) by the law of the land a man cannot be a bastard who is born after the espousals , unless there be some special matter in the case i . if a woman be big with child by a. and after a. marry her , and the issue is born within the espousals ; in this case by the common law the issue is a mulier , and not a bastard k , so if a woman be big with child by one man , and after-wards another marries her , and after the issue is born , such issue is a mulier , for that he is born under espousals , and cannot be held the issue of him by whom she was with child , because that cannot be certainly known l ; and so it is although the issue were born within three days after marriage m . ( . ) if a woman covert hath issue in avoutrie , yet if the husband be able to get a child , and be infra quatuor maria , the issue is no bastard n if a woman elope and live in avoutrie with another man , during which issue is born in avoutrie , yet it is a mulier by the common law o but then the husband must be infra quatuor maria , so as that by intendment he might come to his wife , otherwise the issue is a bastard p . but if a woman hath issue , her husband being beyond sea for years together before the issue was born , such issue is a bastard at the common law q . if a feme covert hath issue , her husband being beyond sea for years before the issue is born , it is a bastard at the common law r . if a woman hath issue , her husband being within years of age the issue is a bastard at the common law. s quaere . ( . ) if a. hath issue by b. and after they intermarry , yet the issue is a bastard by the common law ; n but it is a mulier by the civil law o . if the parents be divorced causa consanguinitatis , they being ignorant thereof at their marriage , the issues they had before , are bastards at the common law , and muliers by the civil law p . if a man hath issue by a woman , and after marry the same woman , the issue by the common law is bastard , and mulier by the ecclesiastical law q : likewise if a man espouse a woman bigg with child by another man , and within three dayes after she is delivered of child , by the common law this is a mulier , and by the ecclesiastical law a bastard r . if a woman elope and hath issue in adultery , such issue is a mulier at the common law , and a bastard by the ecclesiastical law s ; yet if the woman continue in adultery , and hath issue , such issue are bastards even by the common law t . but by the law of the land a man may not be reputed a bastard who is born after espousals , unless there be some special matter in the case as aforesaid u . but if a man who hath a wife , doth during her life take another wife , and hath issue by her , such issue are bastards by both the laws , for the second marriage is void x . ( . ) a divorce causa praecontractus doth bastardize the issue , y so also doth a divorce causa consaguinitatis z likewise if the divorce be causa affinitatis , it doth bastardize the issue ; a and the law is the same , in case the divorce be causa frigiditatis . b a man hath issue a bastard , and after marries the same woman , and hath issue by her divers sons ; and then deviseth all his goods to his children . q. whether the bastard shall take by the devise ? but if the mother of the bastard make such a devise , it is clear the bastard shall take because he is known to be child of the mother c . ( . ) b. contracted himself to a. afterwards a. was married to f. and cohabited with him , whereupon b. sued a. in the court of audience , and proved the contract , and sentence was there pronounced , that she should marry the said b. and cohabit with him , which she did , and they had issue c. b. and the father died : it was argued by the civilians , that the marriage betwixt b. and a. was void , and that c. b. was a bastard . but it was resolved by the justices . that c. the issue of b. was legitimate and no bastard d . ( . ) the case was wherein a man was divorced causa fridigitatis , and afterwards took another wife and had issue ; it was argued by the civilians , and also by the justices , whether the issue were bastard or not , it was adjudged that the issue by the second wife was not a bastard ; for that by the divorce the marriage was dissolved à vinculo matrimonii , and each of them might marry again : but admit that the second marriage was voidable , yet it good till it be dissolved , and so by consequence the issue born during the coverture is a lawful issue . b . ( . ) upon an information in the castle-chamber in ireland against the bishop of k. and c. b. and others , that by practice and combination , and by undue course of proceedings they endeavoured to prove the said c. b. ( who was ever before reputed a bastard ) to be the legitimate or lawful son and heir of g. b. esq to the disherison and defamation of e. b. who was the sole daughter and heir of the said g. b. and upon oier of this cause the case appear'd to be this , viz. about twenty six years before the exhibiting of this bill , the said g. b. had issue the said c. b. on the body of one j. d. who during the life of g. b. was not reputed his wife , but his concubine : and the said c. b. for all the time aforesaid , was only accounted the natural son of g. b. but not for legitimate . afterwards , viz. sixteen years after the birth of c. b. ( his mother being then living ) g. b. took to wife a lady of good estate and reputation , with the assent of her friends , by whom he had issue the said e. b. and died . after the death of the said g. b. the said c. b. his reputed son ( nor his mother who was yet living ) said nothing by the space of nine years , but at last they practiced and combined with the said bishop of k. being of their kin , and with many others , to prove the legitimation of the said c. b. by an irregular and undue course , to the intent to bastardize and disinherit the said e. b. according to which practice and combination , the bishop without any suit commenced or moved in any of the kings temporal courts , or any writ directed to him , to certifie bastardy or legitimation in that case , and ( which is more ) without any libel exhibited in his ecclesiastical court touching that matter , of his own will and pleasure , privately , and not convocatis convocandis , nine years after the death of the said g. b. took the depositions of many witnesses to prove that the said g. b. twenty nine years before had lawfully married and took to wife the said j. d. mother of the said c. b. and that the said c. b. was the legitimate and lawful son and heir of the said g. b. and these depositions so taken , the said bishop caused to be engross'd and reduced into the form of a solemn act ; and having put his signature and seal to that instrument , delivered the same to c. b. who published it , and under colour of that instrument or act declared himself to be the son and lawful heir of the said g. b. &c. and for this practice and misdemeanour the said bishop of k. and others were censured ; and thereupon these points were resolved ( . ) that although all matrimonial causes have of a long time been determinable in the ecclesiastical courts , and are now properly within the jurisdiction and cognizance of the clergy , yet ab initio non fuit sic : for causes of matrimony as well as cause testamentary were heretofore civil causes and appertaining to the civil magistrate , as is well known to all civilians , until the christian emperors and kings , as an honour to the prelates of the clergy , did grant and allow unto them the cognizance and jurisdiction of these cases . and therefore the king of england , who is , and of right ever was the fountain of all justice and jurisdiction in all causes , as well ecclesiastical as civil , within his own dominions , although that he allow the prelates of the church to exercise their several jurisdictions in those causes which properly appertain to their cognizance , yet by the rules of the common law , he hath a superintendency over their proceedings , with power of direction how they shall proceed , and of restraint and correction , if they do not proceed duly in some cases : as is evident by the writs of several natures directed to bishops , by which the king commands them to certifie bastardy , excommunication , profession , accouplement en loyal matrimony , de admit . clericis , de cautione admittenda , &c. as also by the writs of prohibition , consultation , and attachment upon a prohibition . ( . ) it was resolved , that the question of bastardy or legitimacy ought to be first moved in the kings temporal court , and thereon issue ought to be joyned there ; and then it ought to be transmitted by the kings writ to the ecclesiastical court , to be examined and tried there : and thereupon the bishop shall make his certificate to the king's court ; to which certificate being made in due form of law such credit is given , that the whole world shall be bound and stopt thereby . but on the other side , if any suit to prove bastardy or legitimacy be first commenced in the ecclesiastical court , before any question of that matter hath been moved in he kings temporal court , in that case prohibition lies to restrain such suit. to this purpose was corbet's case cited , ed. . fitz. consultation . sir robert corbet had issue two sons , robert and roger , robert the eldest son , being within the age of fourteen years , took to wife matild , with whom he cohabited till he came of full age , and they publickly known and reputed for husband and wife ; yet afterwards robert the eldest son doth dismiss the said matild , and she living , doth marry one lettice , and having issue a son by the said lettice , dies : after his death lettice doth publish and declare openly , that she is the lawful wife of robert , and that his son was a mulier and legitimate . whereupon roger the younger son of sir robert corbet doth commence a suit in the ecclesiastical court to reverse the marriage between lettice and robert , and to put lettice to silence , &c. wherefore lettice doth purchase a prohibition ; whereupon roger sets forth the whole matter , and prays a consultation , which was denied him , and for this reason chiefly , viz. for that the suit in the ecclesiastical court was to bastardize the issue between lettice and robert , and to prove roger to be heir to robert ; and the original action of bastardy shall not be first moved in the ecclesiastical court , but in the temporal court , &c. and to make this point yet the more clear , two cases put by bracton . lib. . tit . de exceptionib . c. . were remembred ( ) . b. having issue of the body of a feme-inheretrix born before marriage , under colour whereof he claimed to be tenant by the courtesie , but being for that cause barr'd in an assize brought by him against a. he obtain'd the popes bull , and by authority thereof commenced his suit in the ecclesiastical court , to prove his issue legitimate , quod facere non debuit , as bracton there saith ; and therefore prohibition was granted to stay the suit , shewing the whole matter , et quod praedictus b. ad deceptionem curiae nostrae , & ad infirmandum judicium in curia nostra factum , trahit-ipsum a. in placitum coram vobis in curia christianitatis , authoritate literarum domini papae , ad praedictum puerum legitimandum , &c. et cum non possint judices aliqui de legitimatione cognoscere , nisi fuerit loquela prius in curia nostra incepta per breve , & ibi bastardia objecta , & postea ad curiam christianitatis transmissa , vobis prohibemus , quod in placito illo ulterius non procedatis , &c. and in the same chapter bracton hath the form of another prohibition , which makes the difference before put more evident , rex talibus judicibus , &c. ostensum est nobis ex parte a. &c. quod in causa successionis , & haereditatis petitione , debet prius moveri placitum in curia nostra , & cum ibi objecta fuit bastardia , tunc deinde transmitti debet recordum loquelae & cognitio bastardia ad curiam christianitatis , ut ibi ad mandatum nostrum de legitimitate inquiratur : quod quidem in hac parte non est observatum . et cum hoc sit manifeste contra consuetudinem regni nostri , &c. vobis prohibemus , &c. whereby it is very evident , that if the ecclesiastical court proceed to the examination of bastardy or legitimation without direction of the temporal court , it is to be restrained by a prohibition . ( . ) as the ecclesiastical judge may not enquire of bastardy or legitimation without special direction or command of the king : so when he hath received the kings writ to make such inquisition , he ought not to surcease for any appeal or inhibition , but ought to proceed until he hath certified it into the kings court ; and this also appears by bracton in the forecited place , c. . cum autem judex ecclesiasticus inquisitionem fecerit , non erit ab eo appellandum , nec à petente nec à tenente : à petente non , quia talem jurisdictionem & talem judicem elegit ; à tenente non , qui sic posset causam in infinitum protrahere de judice in judicem usque ad papam , & sic posset papa de laico feodo indirecte cognoscere . see also to this purpose e. . . a. in a writ of dower , where ne unques occouple en loyal matrimony was pleaded , and issue thereupon joyn'd , the writ issued to the bishop to certifie , who certified that he could do nothing by reason of an inhibition which came to him out of the arches . this return was held insufficient , for it was there said , that he ought not to surcease from doing the kings command by reason of any inhibition ( . ) lastly , it was said , that the very cause and reason why the ecclesiastical judge may not enquire of legitimation or bastardy , before that he hath received direction , or a mandate out of the kings temporal court , doth consist in this , that the ecclesiastical court never hath jurisdiction or power to intermeddle with temporal inheritance , directly or indirectly ; it being observed that christ himself refused to meddle with a cause of that nature , when upon request made to him , luke . magister , dic fratri meo , ut dividat mecum haereditatem , he answer'd , quis me constituit judicem aut divisorem super vos ? and therefore in the time of king h. . when the usurped jurisdiction of the pope was elevated much higher than ever before or since in the dominions of the king of england , pope alex. the third , having granted a commission to the bishops of winchester and exon to enquire de legitima nativitate of one agatha , the mother of one robert de ardenna , and if she were found legitimate , then to restore to the said robert the possession of certain lands whereof he was dispossess'd , being informed that the king of england was greatly offended at the said commission , he revoked and countermanded it in the point of the restitution of possession , knowing and confessing that the establishment of possessions belonged to the king , and not to the church . which case is reported in the canon law , decretal . antiq. collect. . lib. . tit . qui filii sunt legitimi . cap. . and cap. . where in the th chapt. the commission , and in the seventh chapt. the revocation or countermand appears in express terms . chap. xxxvi . of divorce ; as also of alimony . . what divorce is , the causes thereof ; the difference between the civil and canon law touching the proof of impotency , frigidity , or disability ; and what manner of proof the law requires thereof . . what time of absence in the husband may cause a divorce . . whether divorce by reason of adultery dissolves the marriage à vinculo ? or whether the innocent party may remarry altera existente ? . what the canon in concilio arelatense provides in that case . . the opinion of some eminent common lawyers in this point . . the different opinions of divines and lawyers , and of each among themselves touching this matter . . the opinion in summa hostiens . as also of suarez , touching the legality of second marriage after divorce . . the canon of the council of trent concerning matrimony ; also the opinion of some of the ancient fathers , and a decree of one of the popes touching second marriage after a divorce . decrees and histories of great antiquity relating to this subject . . what the pontifical law , what justinian , what baldus , and what grotius says in this matter . . opinions in this point take their diversification much from the cause of the divorce , as whether ex causa praecedenti vel subsequenti . . judgments at the common law , that a divorce for incontinency , is only à thoro & mensa , non à vinculo . . what the law intends by alimony , and what elopement signifies ; no alimony due to her that elopes . . in what cases the law will allow alimony , or not . . how the civil law provides in that case of alimony . . the ecclesiastical court is the proper court for alimony . . whether the high commission-court had power of alimony , or not ? . prohibition denied to the husband sued in the ecclesiastical court by the wife for alimony in causa saevitiae . . whether the ecclesiastical court may take bond for alimony , or imprison for non-payment thereof . ( . ) a divorce is a sententence pronounced by an ecclesiastical judge , whereby a man and woman formerly married to each other , are separated and parted a . the word divortium or repudium is often taken promiscuously , both for a total and perpetual divorce , & à vinculo matrimonii ; as also for a partial and temporal divorce , or separation à cohabitatione , vel à thoro & mensa . the causes of this divorce , whereof some are precedent , others subsequent to the marriage , are many in the law ; thomas aquinas reckons up no less than a dozen of them , and thinks he hath poetically compriz'd them all in four verses , viz. error . conditio . votum . cognitio . crimen . cultus disparitas . vis. ordo . ligamen . honestas . si sis affinis . si forte coire nequibis ; haec socianda vetant connubia , facta retractant . b . but the causes of divorce in the law as now commonly practicable , may be reduced to these few . ( . ) the levitical degrees within which it is prohibited to marry . ( . ) precontract ; and so if a man marry one precontracted , and have issue by her , it is the fathers child until there be a divorce upon the precontract , and then it is nullius filius , a bastard c . ( . ) impuberty or minority ; and so if two be married infra annos nubiles , and after full age are divorced for the same , the woman may bring an assize against the man for land given her in frank-marriage d which proves that the divorce is by that law from the very bond of matrimony ( . ) frigidity in the man , or impotency in the woman , termed arctitudo in the law ; but the word [ impotency ] is promiscuously used in both sexes , for it is said , that if after a man be divorced for impotency , he take another wife and have children by her , these shall not be bastards , because a man may be habilis & inhabilis diversis temporibus e . but in this case the civil law hath made other provision , for that law in causa frigiditatis requires three years cohibitation for trial of the disability before it doth upon other legal evidence and proof conclude any married persons either frigid or impotent ; indeed the canon law expects present proof , and in case of such impotency or frigidity , not accidental but natural and incurable , concludes that the matrimony was never a matrimony . the evidence of which disability depends on the oaths of able physicians , as also of aged and grave matrons experienced in such affairs ; nor is it to be alledged till after a triennial experience of each other post matrimonium consummatum ; and is a just cause of divorce , for that it frustrates one of the chief ends of marriage , viz. procreation of issue , if it be sufficiently proved by inspection of the body , triennial cohabitation and the oaths aforesaid . consil . matrim . to. . consil . . nu . . and in cases doubtful whether it did precede the marriage or not , the law will presume it to antecede the marriage , and consequently nulls it , in case it be natural ; otherwise , both as to the presumption and operation , in case it be only accidental . sanch. lib. . disp . . nu . . and where the impotency doth sufficiently constare to be perpetual by the oaths aforesaid upon inspection , there the triennial probation ceases . vt cum glossae . cap. fraternitatis . de frigidis & maleficiis . & panor . nu . . pope sixtus th in his bull an. . declared that matrimonia cum spadonibus , vel eunychis prorsus eviratis , seu utroque testiculo carentibus , cum quibuslibet mulierihus , seu defectum praedictum ignorantibus , seu scientibus , esse semperque fuisse irrita . antonini ●●ana resolutiones morales . tract . . miscelan . resol . . p. . ( . ) there are also other seeming causes of divorce than what are forementtoned ; for the civil and canon law do allow of divorce after a long absence , but are not agreed touching the time of that absence ; for in one place it is after two years absence , in another after three years ; in another after four. cod. lib. . tit . . l. . post biennium . tit . . post tres an . l. . post quatuor an . others hold that the civil law requires five years absence before there may be a divorce on that account . in the council of lateran a sentence was allowed by the whole council , which was given by a bishop , pronouncing a divorce for a woman , complaining that her husband had been absent ten years , giving also leave to the woman to marry again . in concil . later . par . . cap. . but the truth is , no absence , be it for any time whatever , doth properly cause a divorce in law ; indeed seven years absence without any tidings or intelligence of or from the absent party , will so far operate in law towards what is equivalent to a divorce , as to indempnifie the woman from the penalty of polygamy , if in that case she marry again . also the canon law hath decreed , that if the wife refuse to dwell with her christian husband , he may lawfully leave her . causa . q. . c. . and some of the imperial laws allow homicide , sacriledge , theft , man-stealing , &c. for causes of divorce , cod. lib. . tit . . l. . but the canon law decrees otherwise . in the time of ed. . william de chadworth was divorced , because he carnally knew the daughter of his wife before he married her mother o . the stat. of jac. cap. . is the first act of parliament that was made against polygamy . polygamia est plurium simul virorum , uxorumve connubium , the difference between bigamy , or trigamy , &c. and polygamy is , quia begamus seu trigamus , &c. est , qui diversis temporibus , & successive duas , seu tres , &c. uxores habuit . polygamus , qui duas vel plures simul duxit uxores . and if the man be above the age of fourteen ( which is his age of consent ) and the woman above the age of twelve ( which is her age of consent ) though they be within the age of twenty one , yet they are within the danger of the stat. of jac. cap. . — co. inst par. . cap. . vid. instit . par . . sect. . ( . ) this matter of divorce hath often ministred occasion for high debates and altercations touching second marriages , as whether a divorce by reason of adultery in either of the married parties , doth so dissolve the marriage à vinculo , as that it may be lawful for the innocent party to marry again during the others life ? by the th canon , it is provided , that in all sentences for divorce security be given and bonds taken for not marrying during each others life a . by enjoyning such security to be given , and such bonds to be taken , this seems to be a penal canon , viz. pecuniarily penal ; whoever therefore breaks the law incurrs the penalty , and whoever suffers the penalty doth answer and satisfie the law which before he had infring'd ; a penalty expressed or implied , provided for in , and annexed unto a law that is in it self prohibitory , seems to create some qualification of that legal prohibition , prohibitio vim suam exercere potest per poenam vel expressam vel arbitrariam : et hoc genus leges imperfectas vocat vlpianus , quae fieri quid vetant , sed factum non rescindunt , so grotius . grot. de jure bel. & pacis . lib. . cap. . sect. . but to speak a little nigher to the point in hand , it is grotius again in the same place , si lex humana conjugia inter certas personas contrahi prohibeat , non ideo sequitur irritum fore matrimonium , si re ipsa contrabatur : sunt enim diversa prohibere , & irritum quid facere . the laws whether ecclesiastical or temporal are not of any private interpretation ; yet to speak herein only hypothetically , if this be interpretative as a penal canon by vertue of the said security and bond , then apposit and observable is that which grotius hath in another place , in casu legis paenalis , his words are these , viz. rex qui est auctor legis , & ubi regni ipsius personam & auctoritatem sustinet , qua talis est , potest legem etiam totam tollere ; quia legis humanae natura est , ut à voluntate humana pendeat , non in origine tantum sed & in duratione . sicut autem totam legem tollere potest , ita & vinculum ejus circa personam aut factum singulare , manente de caetero lege . dei ipsius exemplo . qui ( lactantio teste ) legem cum poneret , non utique ademit sibi omnem potestatem , sed habet ignoscendi licentiam . imperatori , inquit augustinus , licet revocare sententiam , & reum mortis absolvere & ipsi ignoscere : causam explicat , quia non est subjectus legibus , qui habet in potestate leges ferre . grot. ibid. de paenis . cap. . sect. . how farr the power of princes may extend it self in this matter , is not before us ; but clear it is , that all such as acknowledge the regal supremacy , will withall confess , that his majesty hath more right to dispence with canons within his own dominions ex plenitudine potestatis regalis , than was here formerly exercised ex usurpatione potestatis papalis . in all laws that are both prohibitory and penal , as they are of the more force by reason of their prohibitory quality , so they seem to abate of that force by reason of the annexed penalty ; for he that suffers the penalty , satisfies the law , though he transgress the command . the statute of primo jacobi hath a proviso or exception to second marriages by persons legally divorced ; d . no caitons or constitutions prevail or are executable , in repugnancy to the kings prerogative , or to the laws or statutes of this realm e . that statute of primo jacobi prohibiting second marriages during the life of each other , doth not only not extend to persons legally divorced , but as to such it is with an exception , limitation or proviso as aforesaid . sir ed. coke taking notice hereof in porters case , reports that that statute extends only to persons which are divorced by sentence in the spiritual court f ; and that distinction of total and partial divorce , or that vel à vinculo vel à mensa & thoro , will not it seems satisfie all judgments , some alledging that ubi lex non distinguit , nec nos distinguere debemus , applying that rule ad evangelium also ; and thence will not be perswaded but that the innocent party in causa divortii ob adulterium may marry again , altera parte existente , because though they know it to be otherwise by text canonical , yet know not where to find it so by text scriptural ; and specially because they find a proviso in the said statute of primo jacobi , that the parties divorced by sentence , if he take another wife , or she take another husband , shall not be within the danger of the statute ; and that this extends to every manner of sentence of divorce , and not to any particular cause of divorce . cajetan , though of the roman church , yet on the th of matthew saith , intelligo ex hac domini jesu christi lege , licitum esse christiano dimittere uxorem ob fornicationem carnalem ipsius uxoris , & posse aliam ducere : and soon after adds , non solum miror , sed stupeo , quod christo clare excipiente causam fornicationis , torrens doctorum non admittat illam mariti libertatem . this question , whether after divorce for fornication it be lawful to mary again during the lives of the parties divorced , is at large handled by the learned doctor hammond in his treatise of divorces ; where he says that mat. . . and mark . . are two places of such perspicuity ( one cause of divorce allowed the christians , that great breach of the conjugal vow , and whosoever divorces and marries again , save in that one case punctually named , committeth adultery ) that as no paraphrase can make them more intelligible : so there is but one question that can reasonably be started in them , viz. whether he that puts away his wife on this one authentick cause , be so perfectly freed from the conjugal vow and bands , that he may lawfully marry some other woman , and some other man marry that divorced adulterers wife ? in mat. . . the words are , that whosoever shall put away his wife , save for fornication , and shall marry another , committeth adultery ; and he that shall marry her that is put away , committeth adultery : which words ( says that learned author in sect. . ) are favourable to the affirmative , that it is lawful for him in that one excepted case to marry again . the nature of a divorce among the jews was the rescinding of the conjugal bands , and by one supposition common to jews and romans , viz. that they who were duly divorced might marry again : so of the jewish divorced wife , deut. . . 't is expresly said , she may marry another ; and of the man , this was his only end of putting away his wife in that place , that he might marry another : accordingly the form of divorce in misna , tit . gittin , behold , thou art free , or at liberty for any man , and this is the bill of divorce between me and thee , so that it is free for thee to marry to any man thou wilt . idem . sect. . yet on the other side ( says that learned author ) it may be argued , that although in the mosaical law , divorce was the rescinding the conjugal bands , to which it was consequent , as long as the jewish polity lasted , that they who were duly divorced ( as in the one case of fornication ) might freely marry again : yet in the acceptation of our christian courts , divorce appears not to be any more than the solemn judicial separation from conjugal society , as that it seems to be rather the freeing the husband and wife from the obligation to mutual conjugal duties , than the utter rescinding and dissolving the bands . for if it were so , then that husband and wife could never come together again without a new wedlock , which was never heard of in the church ; that adultery , the efficient cause of divorce ( though a breach of the conjugal vow ) is yet no actual diss●lution of the conjugal bands , among us christians , seems probable ( says doctor hammond ) by these two evidences ( . ) because adultery committed by the husband , dissolves not marriage , which yet it equally should , if that fault committed , and not the sentence of divorce rescinded the conjugal band , &c. in this a difference is observable between us and the jews ; for in case of fornication , the jew expected no sentence of the consistory , but the man might put her away , give her from himself a bill of divorce , which was never allowed or practised among christians . . because if this were so , if adultery in the wife dissolved the bands , then the husband , that after the wifes adultery continued to live with her conjugally , must be concluded to commit fornication with her , the validity of the bands being it ( and nothing else ) which makes conjugal society lawful . accordingly hath the opinion of the church been anciently , as in can. apost . . if any laick put away his wife and marry another , or marry a woman which hath been put away by another , let him be excommunicate . so likewise at the council of arles , an. . can. . de his qui conjuges suas in adulterio deprehendunt , & iidem sunt adolescentes fideles , & prohibentur nubere , placuit ut in quantum possit , concilium iis detur , nè viventibus uxoribus suis , licet adulteris , alias accipiant . likewise in the milevitan council , an. . at which st. augustine was present , it is decreed , that secundum evangelicam & apostolicam doctrinam , neque dimissus ab uxore , neq . dimissa à marito , alteri conjungantur , sed ita maneant , aut sibimet reconcilientur . so also in the codex can. eccl. african . can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that they that are divorced from husbands or wives , should remain unmarried . and what hath thus been defined by these canons , is evidently received into the ecclesiastical constitutions of this church , which therefore hath decreed , that when divorces are pronounced , monitio & prohibitio fiat , ut à partibus ab invicem segregatis caste vivatur , nec ad alias nuptias alterutra vivente convoletur . constit . eccl. an. . upon these arguments pro & con , doctor hammond in the forecited place doth conceive , that the resolution may be made by these three propositions : ( . ) that by the force of christs words in all the evangelists , he that marries again after any kind of divorce , but that one for fornication , doth commit an vnchristian sin . ( . ) that by force of the arguments first produced , for the interpreting mark and luke by mat. . . vid. doctor hammond of divorces , fol. , . it may be probably concluded that in that one case of divorce for fornication , the marriage of the innocent party shall not be adulterous . ( . ) that although this be granted , yet the words of st. mark and luke , especially the words of st. paul , cor. . . do give such prejudices against marriages after divorce indefinitely , that the ancient canons of the church , and the constitutions of our english reformation , have thought fit not to permit such liberty in any kind , and therefore that this may be the better observed , the decree of separation shall not be pronounced , till they that demand it , shall give sufficient security that they will do nothing against the admonition and prohibition , for our constitution adds , denique quo illud firmius observetur , sententia separationis non antea pronunciabitur , quam qui eam postulaverint , cautionem fidejussoriam sufficientem interposuerint se contra monitionem & prohibitionem nihil commissuros , which if not observed by the judge , he is punishable , and the sentence of divorce for such defect declared void . constit . eccl. an . . innocent the first , bishop of rome saith , qui interveniente repudio , alii se matrimonio copularunt , in utraque parte adulteros esse manifestum est , &c. but the said judicious author conceives , that of this and the like testimonies it may be observed , that most of them belong not to these divorces , which are in case of fornication , but ( proportionably to christ's words in st. mark ) to those which according to the jewish or imperial laws , were allowed in other cases , than what either christ , or the primogenial institution of marriage had allowed of : and further saith , that it is evident and confessed by all christians , that of these , that is , the marriages ( after such divorces by the jewish and imperial laws ) are adulterous , but not so of those other marriages of the innocent parties after those other divorces in that one case of adultery . yea and some canons have been made with this temperament expresly ( except in the case of fornication ) so in the second canon of the council of vannes , eos qui relictis uxorihus suis , sicut in evangelio dicitur , excepta causa fornicationis , sine adulterii probatione alias duxerint , statuimus , &c. they that have left their own wives , as it is said in the gospel , except for cause of fornication , and without proof of adultery shall have married others , we judge them , &c. notwithstanding which , the law tells us of other cases than that of adultery or fornication , wherein the man after a divorce may re-marry during the life of the woman divorced , as in the case of arctitude , which you may find in summa astensi , lib. . de divortio propter impotentiam . tit. . fo . . si arctatio alligetur ( subaudi quamcunque impotentiam foeminae ) statim potest divortium fieri hoc modo , viz. vocabuntur matronae fide dignae , & in nuptiali opere expertae , — ar. f. de ventr . inspect . l. . verb. igitur , &c. et si mulieres asserant eam non posse fieri naturaliter matrem , tunc statim potest divortium fieri , et dabitur viro licentia cum alia contrahendi . it will not be denied , but that in all cases where the marriage was ab initio null , there it shall , after a legal divorce , be free for either party convolare ad secundas nuptias altera parte existente , which strictly and properly cannot be said to be a second marriage , because precedent to it , there was duly and legally none ; nor therefore can they be properly said to be divorced , separated , or put asunder , that never were de jure put together . among the several kinds of these null marriages may be computed that which panormitan speaks of in his fourth tract de sacramentis . resol . . foemina ( says he there ) si commode non potest aptam se reddere viro , impedimentum censendum esse perpetuum , & matrimonium declarandum nullum ; which holds true vice versa , and therefore it is likewise said , that foemina per contractum matrimonii jus suum tradit viro apto , non inepto , atque in non aptum nullum transfertur jus . the canon law is express in prohibiting these second marriages after a divorce , although ex causa fornicationis . so tostatus , verb. matrimonium , ubi voluit nullam esse causam repudii , nisi fornicationem ; et istam non quidem simpliciter ad dirimendum matrimonium , sed ad tollendam cohabitationem . ut patet , extra . de divort. c. gaudemus . the lawyers and divines ( says adam tannerus ) are of different opinions in this point , juristae divortii voce utuntur pro dissolutione matrimonii etiam quoad vinculum , ut constat . ex toto tit . f. de divortiis . theologi tamen ea voce divortii solam significant separationem inter conjuge● , aut quoad cohabitationem , aut quoad thorum . adam . tannerus , tom. . disput . . de matrimonio . q. . dub. . nu . . de divortio . ( . ) in concilio arelatensi , which was held in an. . at the command of constantine the great , under pope silvester in the first year of his papacy , it was canoned , vt is cujus uxor adulteravit , aliam illa vivente non accipiat . sir hen. spelman gives the words of this canon thus , viz. de his qui conjuges suas in adulterio deprehendunt , & iidem sunt adolescontes fid●●es & prohibentur nubere , placuit ut in quantum possit , consilium iis detur , nè viventibus uxoribus suis , licet adulteris , alias accipiant g if this canon be not directly prohibitory , and against second marriage after divorce in case of adultery during the life of the other party , yet it provides that counsel or advice in the case be given against it , and the parties monished to the contrary . ( . ) mr. atturney noy in dame powels case reports , that a divorce causa adulterii is but à mensa & thoro , & non a vinculo matrimonii ; and the reason he gives is this , viz. because ( says he ) the offence is after the just and lawful marriage h ; if for this opinion of his any anticanonist should dream , that he died in the catholick faith of matrimonial sacraments , let him consult sir edward coke in the third part of his institutes , where he doth not only allow of that member of the foresaid distinction , but withall says , that in the case of divorce à mensa & thoro the second marriage is void , living the former wife or husband i . yet in bury's case he reports it to have been adjudged , that by a divorce the marriage is dissolved à vinculo matrimonii ; and also resolved , that admitting a second marriage to be voidable , yet it is adjudged that the same doth remain in force until it be dissolved ; and that the issue born during such second coverture is a lawful issue to inherit the land k . . touching the kinds and effects of divorce , whether divorce à vinculo matrimonii , or separation only à mensa & thori , with the causes thereof ; the divines and lawyers are of different opinions , and each of these divided among themselves ; some conceive , that as there be divorces ex causa praecedente , so there are some ex causa subsequente , as causa adulterii , and that adultery dissolves the very bond of matrimony , which consisteth in their being one flesh . and whereas it is written , that whosoever shall marry her that is divorced , committeth adultery l , they will have it to be meant only of such as shall marry her who is divorced for any other cause or reason , than for fornication ; which they inferr from the former part of mat. . . that whosoever shall put away his wife , saving for the cause of fornication , causeth her to commit adultery ; so that for the cause of fornication it is lawful to put her away , and whosoever shall marry her that is ( say they ) divorced for any other cause , committeth adultery ; whence they would inferr , that a remarriage after divorce for the cause of fornication is not forbidden ; and as for that divorce or separation à thoro & mensa , they look on it as no current coin , not having ( as they pretend ) caesar's image or superscription thereon , but seem very positive in affirming that pha●isaei interrogabant christum de dimissione quoad vinculum , & non quoad thorum & mensam . it is true indeed , by the judicial law a woman divorced from her husband in causa adulterii might be another mans wife m ; which is no contradiction to mat. . . if the divorce there mentioned be à vinculo . but that which such as are for post-repudiary marriages much insist on , is that which the reverend mr. beza hath on the like place , qui hinc colligunt ( says he ) post repudium nullum esse secundo matrimonio locum , altera parte existente , inepte colligunt ; loquitur enim christus de repudiis apud judaeos usitatis , inter quae numerari non potest repudium ob adulterium , cum adulteros ex lege oportet capitali poena plecti . ( ) . if ingressus in religionem be ( as some understand it ) a kind of mors civilis , then it should seem it might be for that reason that in such case it was lawful for the other party convolare ad secundas nuptias , for by the canon of egbert archbishop of york an. . called canon affrica●ensis , in exceptionibus suis è canonibus patrum concinnatis , it was lawful so to do , the words of the canon are , si vir sive mulier ex consensis religionem ceperit , licet alterum accipere novum conjugium ; but from hence no argument can be drawn to prove the lawfulness thereof in causa divortii . the cardinal of segutium in his summa hostiensis seems to be of opinion that it is lawful in case of divorce to marry again , the words of that famous canonist are , debet iudex sententiam divortii partibus tradere in scripturam publicam redactam , ne filiis susceptis ex secundo matrimonio , probatione deficiente , valeat praejudicium generari n . but cardinal navarr seems to be more positive in the point , where he affirms , that matrimonium contractum cum secunda post sententiam divortii , valet , provided it be post triennalem cohabitationem , as the canon law requires , in causa impotentiae . navar. concil . l. . concil . . de frigidis . nu . . p. . but it seems strange that sanchez a jesuite , and one of the highest form , arguing this question against the hereticks , as they are pleas'd to call us , should so ingenuously confess , that ex ipsis catholicis aliqui existimarunt , omnino dissolvi matrimonium quoad vinculum eo propter adulterium alterius conjugis separato : atque ita licere aliud matrimonium inire , priori conjuge superstite . sanch. de matrim . tom. . l. . de divor . disp . . nu . . & navar. lib. . concil . . nu . . ( . ) this , utrum ob adulterium alterius conjugis dissolvatur matrimonium quoad vinculum , ita ut integrum sit innocenti ad alias nuptias transire , altera parte vivente ? was a question long since controverted by bellarmin , and by valentia . bellarm. l. . de matrim . c. . valent. lib. unic . de indissolubilitate matrim . cap. . and by them admitted as disputable with a non obstante to the council of trent , whereby matrimony is highly sacramentiz'd , as appears by that which the said tridental council declares concerning it , viz. matrimonium est sacramentum , quod ex opere operato confert gratiam . secundum communem & veram opinionem , quam pro infallibili articulo fidei tenendam esse , ait concilium trident. & declaravit navar. lib. . concil . . nu . . yet the forementioned sanchez doth cite sixtus senensis bringing in origen asserentem sui temporis episcopos permisisse alias nuptias uxoribus ob virorum adulteria ab ipsis divertentibus . sanch. ubi supra sixt. senens . lib. . bibliothec. of which judgment also was st. ambrose ( as he affirms : ) also tertullian , erasmus , cajetan and catherinus . tertul. lib. . contra marcion . erasm . annot . ad . cor. . cather . l. . annot. contra cajetan . infin . cajetan . in mat. . in illud , quicunque dimiserit . this also , saith sanchez , was the judgement of the greek church , as guido the carmelite reports ; and of this judgment are both the lutherans and calvinists ; yea , it was the judgement also of a pope , pope zacharias the first , who expresly decreed in these words , viz. concubuisti cum sorore uxoris tuae , neutram habeas ; et si illa quae uxor tua fuerit , conscia sceleris non fuit , si se continere non vult , nubat in domino cui velit . cap. concubuisti . . quest . . and as to the husband st. ambrose is express in the case , uxor à viro non descedat , nisi causa fornicationis ; quod si discesserit , aut maneat innupta aut reconcilietur . ideo , non subdit de viro , quod de uxore praemisit , quia vero liceat ducere aliam . d. ambros. ad cor. . & refertur . cap. uxor . . q. . so likewise ex concilio apud vermerias , it is express , that maritus ( uxore conciliante mortem ejus ) possit ipsam uxorem dimittere , & si voluerit aliam ducere . refertur c. si qua mulier . . q. . ( . ) in the first year of lotharius king of kent , an. . in concilio herudfordiae it was decreed , that nullus conjugem propriam , nisi ( ut sanctum evangelium docet ) fornicationis causa relinquat . quod si quis quam propriam expulerit conjugem legitimo sibi matrimonio conjunctam , si christianus esse recte voluerit , nulli alteri copuletur : sed ita remaneat , aut propriae reconcilietur conjugi y . in those days it seems he was reputed scarce a christian , that being separated from his wife presumed to marry another . and above two hundred years before , in st. patricks synod , viz. in synodo sancti patricii , aliorumque episcoporum in hibernia celebrata , circa an. christi , vel . it was decreed , that the punishment of a woman departing from her husband , and joyning her self to another man , should be excommunication z . in the time of h. . and in the case of simon de montford , between him and his wife , the pope ratified his marriage , after he had dispenced therewith contrary to the laws and canons a . king john being divorced from the d. of glocesters daughter , viz. the third of june . soon after , viz. before the th of october then next following , was remarried to isabel , sole daughter and heir to the e. of engolesme . likewise alice daughter of the e. of savoy , and king john's first wife , was married to him after she had been the divorced wife of henry de lyon , d. of saxony . speed chron. in vita johan . r. angl. also king henry th . after he had been divorced from q. katherine , his brothers relict , and after above twenty years cohabitation with her , married again ( during her life ) the lady anne bullen , by whom he had q. elizabeth . these are presidents of fact , not of law ; for , ( . ) alceat asserts , that hodie jure pontificio permittitur solum separatio ex certis causis , nec interim licet aliam ducere , etiamsi separationi uxor causam dederit : yet withall he says in the same place , aliter tamen aliqui ex antiquis patribus olim observare , inter quos ambrosius , qui ex justa causa marito jus divertendi atque aliam ducendi , &c. non enim hos homo separat , sed deus , quando ita optimis antistitibus propter malos foeminae mores videtur . alceat . de verb. sig . l. . inter stuprum . sect. divortium . in which place the same author further adds , it is no wonder that the emperor justinian himself was somewhat sparing in this point , when the pontifical canon passim tempestate sua observatus fuisset : ut forte credendum sit , licere pontifici eos canones tollere , & jus romanum observari , si velit . grotius says , cum ea alteri nupta est , matrimonium haud dubie irritum lege quidem naturali , nisi vir prior eam dimiserit . grot. de jur . bel . lib. . cap. . § . . and in the matrimonial councils it is express , that mulier à primo matrimonio per sententiam separata , cum eo , cum quo secundo nupsit cum authoritate ecclesiae , manere debet . concil . matrim . concil baldi . nu . . where the judgement of the famous baldus is , that contrahentes matrimonium cum authoritate ecclesiae , & vigore sententiae divortii , praesumuntur esse in bona fide , nec adulterium ●●mittunt . ibid. nu . . ( . ) although the d. d. are 〈◊〉 divided in this point of second marriage , whilst the divorced parties are alive ; yet the law generally seems much more to incline to favour such second marriages , where the divorce is ex causa praecedenti , than where it is , ex causa subsequenti ; for when it happens ex causa praecedenti , as when the degrees prohibited are violated , precontract , frigidity in the man , impotency in the woman , or other perpetual impediment , the marriage was void and null ab initio , it being a rule and a truth in law , that non minus peccatum jungere non conjungendos , quam separare non separand●s : but where the divorce happens ex causa subsequenti , there the marriage was once good and valid in law , and therefore ( as some hold ) indissoluble ; and that such subsequent cause can have no influence quoad vinculum m●trimonii , but only quoad separationem à mensa & thoro , which is but a partial or temporal , not a total or perpetual divorce . a. was divorced from his wife for incontinency , he after took another wife ▪ living the first wife , adjudged , the second marriage was void ▪ because the divorce was but à mensa & thoro , and not à vinculo matrimonii . rye and juliambs cas . more 's rep. sanchez says that quoties matrimonium dissolvitur , si id fit ob utriusque conjugis perpetuum impedimentum , utrique aliae nuptiae interdicendae sunt : s● vero ob alterius tantum impedimentum , illi interdicuntur , concessa non impedito licentia ad alias tra●s●undi . sanch. de matrim . lib. . disp . . nu and again in the same place , viro ratione frigiditatis separato , conceditur foeminae licentia nubendi alii , ea viro denegata : et foeminae ob impedimentum separatae interdicto alio conjugio , id non denegatur sed conceditur viro. ibid. &c. laudabilem de frigid . &c. . in fin . . q. . &c. ex literis . eod . tit . likewise the summa astensis hath the same in substance , si arctatio alligetur ( subaudi quamcunque impotentiam foeminae ) statim potest divortium fieri hac m●do : vocabantur matronae fide dignae , & in nuptiali opere expertae , ar . ff . de ventr . inspect . l. . verb. igitur , &c. et si mulieres asserant eam non posse fieri naturaliter matrem , tunc statim potest divortium fieri , & dabitur viro licentia cum alia contrahendi . sum. astens . in l. . de divor . propter impotent . tit . . fo . . as aforesaid : yet tostatus on the th of mat. saith , that fornicatio non valet simpliciter ad dirimendum matrimonium , sed ad tollendam cohabitationem . tostati index . verb. matrimon . as appears also by the canon law. extra de divor . &c. gaudemus , &c. quare facto divortio ( says tostatus again ) non transeatur ad aliud matrimonium , tostat . ibid. for which he there quotes st. hierome o , who in this point is opposed by st. ambrose p . possibly the different constructions that divines and lawyers do make of this word [ divorce ] may not be the least reason of the different opinions in this point ; for adam tannerus ( as aforesaid ) tells us , that juristae divortii voce utuntur pro dissolutione matrimonii etiam quoad vinculum , ut constat ex toto tit . ff . de divortiis . adam tannerus . tom. . disp . . de matrim . q. . dub. . de divortio col. . nu . . & variis de causis solvi posse , ut videtur in iisd . legib. & apud greg. syntag. jur . par . . lib. . cap. . theologi tamen ea voce divortii solum fignificant separationem inter conjuges , aut quoad cohabitationem , aut quoad thorum . tannerus ubi supra . ( . ) f. being divorced for incontinency of the wife , he afterwards marries p. the daughter of r. living the first wife . by the whole court that is a void marriage ; for the divorce is not , but à mensa & thoro , and does not dissolve vinculum matrimonii . and by whitgift archbishop of canterbury . so also is the opinion of divines and civilians q . as also in dame powels case against weeks formerly hinted , in dower it was resolved , that a divorce causa adulterii is no bar of dower ; because it is but à mensa & thoro , & not à vinculo matrimonii . and it was said by daniel , that an elopement is not a barr of dower ad ostium ecclesiae . and judgement for the plaintiff r . agar of kingston upon the thames was sued in the ecclesiastical court for beating of his wife , and for calling her whore , and was sentenced there to pay his wife three shillings a week for her alimony , and divers fines were imposed upon him for not performing thereof , and a prohibition was granted , and also a habeas corpus , to deliver agar out of prison s . there was a case of late years , where a man married the relict of his great uncle , he married his grandfathers brothers wife by the mothers side , and it was held lawful , it was the case of one harison against dr. burwell t . but where a man married his wives sisters daughter , it was held unlawful , and after a prohibition a consultation in that case was granted u . but marriages with cozen germans are in the said case of harrison against doctor burwell reported by sir john vaughan to be lawful ; in which case , as also in the case of hill against good , reported likewise by the said sir john vaughan chief justice , the reader may find what marriages are lawful , and what not , what marriages are prohibited within the levitical degrees , and what marriages are by gods law otherwise prohibited . in the case between webster and bury in an ejectione firmae , a special verdict was given upon divorce between burie and his wife , causa frigiditatis , , and that his wife for three years after his marriage remansit virgo intacta , propter perpetuam impotentiam generationis in viro , & quod vir fuit ineptus ad generandum ; and in this special verdict all the examinations of the witnesses , upon which the judge in the ecclesiastical court was moved to give his sentence , by which the perpetual disability of burie ad generandum was manifest , were read ; and by which it was pretended , that the issue which he had by a second wife was illegitimate , and this was the doubt of the jury ; and it was adjudged , that the issue of the second wife was lawful , for it is clear that by the divorce ( causa frigiditatis ) the marriage is dissolved à vinculo matrimonii , and by consequence either of them might marry after ; then admitting that the second marriage was avoidable , yet it remained a marriage until it was dissolved , and by consequence the issue that is born during such coverture ( if no divorce be in the life of the parties ) is lawful , et homo potest esse habilis & inhabilis diversis temporibus , and judgment affirmed in error . a. was indicted upon the statute of primo jacobi for having two husbands . it was found that a. was lawfully married to n. and before the judge of the audience she sued a divorce against p. propter saevitiam : whereupon it was decreed that propter saevitiam of her husband , she should be separated à mensa & thoro , and it was express'd in the sentence , that she should not marry any other during the life of p. she afterwards ( p. living , and she knowing thereof ) took to husband j. s. the question was , whether that were felony within the statute . it was said in this case , that this being a divorce causa saevitiae , was but a separation à mensa & thoro , and not a dissolution à vinculo matrimonii , and therefore that the marriage continued between them . the court doubted , whether the proviso in the said statute did extend to every manner of divorce ; but inclined to be of opinion , that she was not within the proviso ; for if this should be suffered , many would be divorced upon such pretences , wherefore the court advised the woman , to procure a pardon to avoid the danger of the statute . debt against husband and wife , as executrix of her former husband ; the defendants plead by atturney , that they were divorced before the writ brought : it was adjudged , that the writ should abate ; for it shall be presumed , the divorce continueth , if the contrary be not shewed . in another case , being for debt upon an obligation , where the defendant said , that at the time of the making of the obligation she was wife to j. s. who is yet in vita , and so non est factum : the plaintiff said , that after the making of the bond , there was a suit in the ecclesiastical court between the said j. s. and the defendant , for that the said j. s. had another wife alive at the time of the marriage betwixt them , so as the defendants marriage was adjudged void . it was the opinion of the court , that this divorce was but declarative , for it was void ab initio , and so the defendant sole always and adjudged for the plaintiff . the wife libelled against the husband in the ecclesiastical court for alimony , because he beat her so as she could not live with him ; a prohibition was prayed , but denied by the court ; and it was held in this case , that the wife might have the peace against her husband for unreasonable correction . by the statute of jac. cap. . it is felony to marry a second husband or wife , the former husband or wife living ; out of the generality of which law the lord coke makes five exceptions . ( . ) it extends not ( says he ) to any person , whose husband or wife is continually remaining beyond the seas by the space of seven years together ; and notice is not material , in respect of the commorancy beyond sea. ( . ) it extends not , when the husband or wife shall absent him or her self , the one from the other , by the space of seven years in any parts within his majesties dominions , the one of them not knowing the other to be living within that time ; here notice is material , in respect the commorance is within the realm . ( . ) it extends not to any person that at the time of such marriage is divorced by any sentence had in the ecclesiastical court. ( . ) nor to any person , where the former marriage is by sentence in the ecclesiastical court declared to be void and of no effect . ( . ) nor to any person , for or by reason of any former marriage made within the age of consent . if the man be above fourteen , and the wife under twelve , or if the wife be above twelve , and the man under fourteen , yet may the husband or wife so above the age of consent , disagree to the espousals , as well as the party that is under the age of consent : for the advantage of disagreement must be reciprocal . and so it was resolved by the judges and civilians , trin. eliz. b. r. in a writ of error between babington and warner . so as if either party be within age of consent , it is no former marriage within the act aforesaid . it is commonly as well as formerly said , that there are two kinds of divorces , the one that dissolveth the marriage a vinculo matrimonii ; as for precontract , consanguinity , &c. the other a mensa & thoro , as for adultery , because that divorce by reason of adultery cannot dissolve the marriage a vinculo matrimonii , for that the offence is after the just and lawful marriage . and the said stat. of jac. cap. . doth in respect of the generality of the words , priviledge the offender ( in case of second marriage , where the former husband or wife is living ) from being a felon , as well in the case of divorce a mensa & thoro , as where it is a vinculo matrimonii , and yet in the case of the divorce a mensa & thoro the second marriage is void , living the former wife or husband . and if there be a divorce a vinculo matrimonii , and the adverse party appeal , which is a continuance of the former marriage , and suspends the sentence , yet after such a divorce the party marrying is no felon within the said statute , &c. although the marriage be not lawful . ( . ) alimony , although it properly signifies nourishment or maintenance , when strictly taken ; yet now in the common , legal , and practicable sense , it signifies that proportion of the husbands estate , which the wife sues in the ecclesiastical court , to have allowed her for her present subsistence and livelyhood , according to law , upon any such separation from her husband , as is not caused by her own elopement or adultery . by this elopement is here understood , meant , and intended that voluntary departure of a wife from her husband to live with an adulterer , and with whom she does live in breach of the matrimonial vow , whereby she incurrs the forfeiture of her dower , unless her husband upon her free and voluntary submission shall think fit by way of reconciliation to receive her again , and readmit her into the former conjugal relation a in which sense a woman thus deserting and forsaking her husband , is said to elope , whereby the law will not compel him in this case to allow her alimony ; on which word mr. blount in his nomo-●exicon makes mention of an ancient record b , wherein the same thing is called rationabile estoverium ; this alimony the wi●e that elopes or departs from her husband with an adulterer ( though she departed with her husbands consent ) yet loses , together with her dower or joynture , as appears by that remarkable case of sir john de camois before recited c and the husband , from whom his wife departs , and lives with an adulterer , shall not be compelled to allow her any alimony . . notwithstanding the premisses , regularly the husband is obliged to allow the wife alimony pendente lite , arg . l. si neget , ff . de lib. agnos . & sanch. de matr. lib. . disp . . nu . . and afterwards in most cases of separation not occasioned by elopement or adultery as aforesaid , nor in case of a total divorce by reason of some legal impediment , whereby the marriage was null and void ab initio . dict . sanch. tom. . lib. . disp . . nu . . this alimony in strictness of law is a duty properly due from the husband to the wife whilst she cohabits with him ; for by the canon law if without any default of his , she does of her own accord depart from him , he is not obliged to allow her alimony during such her wilful deserting of him , though she be not charg'd of adultery . c. haec imago . q. ● . it being a rule in law , qui non facit quod debet , non recipit quod oportet . l. si ea c. de condit . insert . & l. julian § . affinis ff . de acti . empt . but if she depart by reason of some default in him , as because of cruelty or the like , in that case he shall be compelled to allow her alimony ; for the law understands her as a dutiful wife , so long as it is attributable only to him , and no way imputable to her , that she is constrained to seem otherwise . arg . l. jure civili . ff . de cond . & demonst . & lyn. in l. qui in uxorem . c. de neq . gest . nu . . & d. d. communiter . but if she depart of her own default , the husband is not obliged to allow her alimony , albeit he had a considerable dowrie with her : and on the other side , if the husband be in the fault , and she depart from him , he is obliged to allow her alimony , though he had nothing with her . jo. lupus c. pro vestras . de donat. in t . vir . & ux . barbos . . p. rubr . ff . solut . matr . nu . . and in case it be doubtful , through whose default it is , that they live asunder , the law in that case concludes , that the party that was last in fault , is not least in fault , l. illud : ff . de peric . & commod . rei vendit . and therefore if the wife , who by her own default did voluntarlly depart from her husband , shall after repent , and submitting her self to him , shall desire reconciliation , and to be admitted to cohabitation with him , he then refusing her shall be obliged to allow her alimony , save in the cases aforesaid . glos . c. significasti . verb. materiam in side divort. ubi host . nu . . verb. restitui . jo. andr. nu . . fi . & d. d. communiter . on the other side , if by reason of the cruelty of the husband the wife shall blamelesly flie from him , and the husband shall offer sufficient security or caution for his future good behaviour to her , & her safety and peace with him , and the cruelty or ill usage not such , but that by such caution the wifes peace and safety may be undoubtedly secur'd , and she notwithstanding refuse to return , in such case the law will not compel him to allow her alimony . quia ultima ea culpa uxori nocet . ferret . concil . . nu . . barbos . . p. rub . ff . solut . matrim . nu . . ( . ) by the civil law , if a dowry or marriage-portion with a wife be promised and not paid to the husband , he is not obliged to allow her alimony ; gloss . auth. de non eligend . secundo nubentes . the reason whereof is , because such portion quasi in pretium datur ; l. pro oneribus , c. de jur . dotium . but if by reason of some misfortune , her parents or such as undertook for the payment thereof , do after become insolvant , she shall notwithstanding have alimony , even by that law , which in other respects seems somewhat severe in this point , unless you can affect them with fraud in promising what they knew they could not perform . barbos . ff . solut . matri . nu . . or in case two persons lay claim to the same woman , each pretending she is his wife by marriage , and the one of them move to have her kept under sequestration till the case be decised ; in this case she shall have alimony pendente lite of that person at whose motion or instance she is so sequestred . l. si pro lusorio . ff . de appellat . but if the controversie be only between a man and a woman , touching the validity of a marriage , as whether a marriage or not ; in such case no alimony is due , till some matrimonial proof appear , or that it doth some way constare de matrimonio , but wherever a marriage doth appear , there alimony shall be due pendente lite ; arg . l. si neget . ff . de lib. agnosc . ( . ) john owen lived apart from his wife : and upon petition of the wife to the justices of assize for maintenance , they referr'd it to the bishop of bangor , who ordered that he should pay to his wife l. per an . which was afterwards confirmed by decree in the council of marches of wales . and because that john owen disobeyed that decree , and did not pay the l. per an . the council sent a messenger to apprehend his body , & caused his goods and the profits of his lands to be sequestred . and henden prayed a prohibition : for that alimony was not within their instructions . richardson demanded of him , if they could grant prohibitions , if they meddle with a thing which belongs to ecclesiastical power , where they themselves have power . harvey was of the same opinion , for this court should preserve other courts in order . yelverton said , for the sequestration of the lands , they could not do that . richardson , they have not any power to sell the goods . the ecclesiastical court is the proper court for alimony ; and if the person will not obey , they cannot but excommunicate him . and by yelverton , when that comes to them from the bishop to be confirmed , they cannot but walk in the steps of the bishop ; and a day was given to shew why a prohibition should not be granted : and so it was ruled s . ( . ) dame sherley wife of sr. henry sherley sued in the high commission court for alimony ; and hit●ham moved for a prohibition ; and said that alimony is not within the jurisdiction of the high commission ; for the court of high commission is to try ardua regni , which are not triable by the common law. richardson , the power of the high commission is not de arduis regni , but of heresies , and such other things ecclesiastical ; and he said , that the court of high commission had special words in their commission , but not in the statute of primo ; and that the statute de primo had no prerogative in that : and so the question is , if the king may by the common law grant such a commission . hutton said , that by the same reason as he may grant such a commission , they may grant commissions for all other things . yelverton , i marvel how that came within their commission : he said that in tempore jacobi , upon a debate before him , sir edward cook so fully satisfied the king. and this matter of alimony was commanded to be put out of their commission . and upon that richardson said to hitcham , move this again when the court is full , for we may advise of this — et adjournat . &c. t . one broke was committed by the high commissioners to the fleet , because he refused alimony to his wife , and that being returned upon an habeas corpus , he was delivered . — broke's case . more 's rep. ( . ) the wife complains against her husband in the ecclesisiastical court causa saevitiae , for that he gave her a box on the ear , and spit on her face , and whirl'd her about , and called her damned whore. which was not by libel , but by verbal accusation , after reduced to writing . the husband denies it , and the court ordered the husband to give to his wife l. every week , pro expensis litis and alimony . barkley and henden moved for a prohibition . the suit is originally causa saevitiae , and as a case wherein they assess alimony . and now for a ground of a prohibition , it was said that the husband chastised his wife for a reasonable cause , as by the law of the land he might ; which they denied , and said , that they had jurisdiction in these matters de saevitia , &c. and afterwards that the wife departed , and that they were reconciled again . and then that reconciliation took away that saeviti● before , as reconciliation after elopement . richardson , it was said here , that the suit was without libel , but that is no ground of a prohibition , for she proceeded upon that matter reduced in articles , and we cannot grant a prohibition if they proceed in their form ; for we are not judges of their form. but if they will deny a copy of the libel , a prohibition lies by the statute . you say , that an husband may give reasonable chastisement to his wife , and we have nothing to do with it : but only that the husband may be bound to his good behaviour by the common law. and the sentence in causa saevitiae is a mensa & thoro , and we cannot examine what is cruelty , and what not . and certainly the matter alledged is cruelty ; for spitting in the face is punishable in the star-chamber . but if the husband had pleaded a justification , and set forth a provocation to him by his wife , to give her reasonable castigation , then there would be some colour of a prohibition . henden , we have made such an allegation , and it is absolutely refused . hutton , perhaps he is in contempt , and then they will not admit any plea ; as if one be out-lawed at common law he cannot bring an action . but they advised the plaintiff to tender a justification , and if they refused it , then to move for a prohibition u . ( . ) b. was ordered by the high commission-court to give alimony to his wife , and was bound in an obligation of l. to one of the doctors there , to give her alimony , and to use her as his wife ; and now he is sued there again , and it is alledged against him that he had committed adultery with divers women , and that he had not given alimony to his wife , and thereupon b. was put to his oath , who answered , that as to the point of alimony he was not bound to answer , for that he was bound in an obligation to perform it , and also that he was sued to discover upon his oath the forfeiture of the obligation ; and for that the defendant would make no other answer , he was committed to prison , and being brought hither by habeas corpus , the court was prayed that he might be released for the reason aforesaid . coke , gawens case which was ruled here in wrays time , was the same case in effect , and it was ruled that the ecclesiastical court may not examine him upon his oath in such case , and per curiam b. was bailed till the next term , for that that was the last day of the term. coke , for that there is an obligation taken in this case , i will grant a prohibition for taking an obligation for that , if it be moved , and it was not well done to take the obligation to one of the doctors , but we use to take the obligation in the kings name , mich. . e. . b. r. rot. . the statute of h. gives authority to bishops to fine and imprison for heresie ; and where one reser had given a legacy to bishop stephens , for which he sued the executor , who being for not payment thereof excommunicated , said that he was not excommunicated before god , although he were before men , for his corn grew very well ; for which words he was after imprisoned , but he was bailed here per curiam upon an habeas corpus , for that it was not heresie , because that court hath authority to examine such things which are given by the statute of . h. . one said , that the tenth part of tythes was not due jure divino , for which words he was imprisoned , whereupon the habeas corpus was brought , and that depended till . h. . at which time it was adjudged that it was not heresie , and that the court had jurisdiction to examine that , it being given by statute . and it seems to me that the high commission court had not power to fine or imprison for alimony . hill. . jac. upon an habeas corpus by one codd , the return was that he was imprisoned by the high commission by that warrant , viz. we command you to take him and imprison him for manifest contempt to the court , for that he being ordered to receive his wife , and to enter into an obligation to use her as his wife , he refuses so to do . coke , he shall be bail'd , for that he could not be imprisoned by them for alimony , nor take obligation to perform their order . sentence was given in the ecclesiastical court , that the wife should be separated from her husband , propter saevitiam of the husband , and alimony allowed her there : the husband prayed a prohibition , setting forth he desired a cohabitation , and proffered caution thereby to use her fitly . the court denied it , because the court of the ordinary is the proper court for allowance of alimony . a libel was before the high commissioners , which supposed divers cruelties used by the husband against the wife , for which she was enforced to depart from him , who would not allow her maintenance , and therefore she sued before them for alimony : but because it is a suit properly suable before the ordinary , wherein if there be wrong , the party may have an appeal ; and although it be one of the articles within their commission to determine of ; yet because it is not any of the clauses within the stat. of e. . for which causes the commission is ordained , the court awarded a prohibition . chap. xxxvii . of defamation . . what defamation is ; how many ways it may be ; and where cognizable . . two ways of prosecution at the civil law in causes of defamation . . prohibition for suing in the ecclesiastical court upon the words [ drunkard and drunken fellow . ] . several differences in reference to the cognizance of the temporal and spiritual courts in point of slander . . whether action lies for calling one quean ? . prohibition for suing in the ecclesiastical court for words tending to the obstruction of a marriage . . matters determinable at common law , not cognizable in the ecclesiastical courts . . whether these words [ thou hast taken a false oath ] be actionable , and in what court ? . whether action lies at common law , for saying thou art a whore , &c. . words of slander to the ●inderance of marriage , are actionable at the common law. . defamatory words [ thou art a bawd and keepest a bawdy house ] whether and where actionable ? . to say a. is a cuckold , and that b. had layen with the wife of a. is a defamation suable in the spiritual court. . the difference as to cognizance between the words [ thou art a bawd , and i will prove thee a bawd ] and the words [ thou keepest a house of bawdry . ] . to say [ thou art a drunkard or a drunken fellow ] whether such words are suable in the ecclesiastical court ? . the words [ he is a cuckoldly knave ] are suable not in the temporal , but in the ecclesiastical court. . whether the calling of pimp , common pimp , be actionable , and in what court. . welch j●de , expounded to be welch whore , and cognizable in the ecclesiastical court. . whether the words quean or base quean be actionable in the ecclesiastical court ? . action in that court for scandalizing a parson . . whether action lies in the ecclesiastical court , for saying of one that kept a victualling house , that she kept a house of bawdry . . whether the words [ thou art a pander ] be actionable at the common law ? . church-wardens presentment of a feme covert upon a common report for adultery , and action of defamation brought in the ecclesiastical court thereon . . whether action upon the case for words lies against an infant of seventeen years of age ? . several other cases at the common law pertinent to this subject of defamation ; what of them cognizable in the ecclesiastical court ; and wherein the prohibition lies or not . ( . ) defamation , properly so called , is the utterance of reproachful speeches , with intent of raising an ill fame of the party so reproached ; defamare , est in mala fama ponere : bart. l. turpia . ff . de legat. . this extends it self to writing , as by defamatory libels ; as also to deeds , as by reproachful postures , signs and gestures ; lindw . c. authoritate . verb. quacunque . in gloss . de sent. excommunicat . and as for the most part it proceeds of malice , implying matters either of crime or defect ; so it generally aims at some prejudice or dammage to the party defamed . whatever cognizance the temporal laws of this realm do take of defamations by vertue of prohibitions and actions upon the case ; yet it will not be denied , but that the cognizance of defamations , where they are duly prosecuted , doth properly belong to the spiritual law , specially where the matter of the defamation is only ecclesiastical . ( . ) in all causes of defamation the party defamed had his election by the civil law , whether he would prosecute the defamer ad vindictam publicam , or ad privatum interesse ; the former whereof was made choice of , where the defamed aimed more at the defamers shame , than his own interest ; and chose rather to reduce him to a recantation , than augment his cash by his own credit 's diminution ; l. in constitutionib . § . ult . ff . l. cornel. the other , viz. ad privatum interesse , was chosen by such defamed ones as valued their credit at a certain rate , and chose rather a pecuniary compensation , than an unprofitable recantation ; aiming more at their own private satisfaction , than at the defamers publick disgrace . l. stipulationum . § . plane . ff . de verbor . obligat . & l. si quis ab alio . ff . de re judic . but both of these the defamed could not have ; for having determined his election , he was therewith to rest satisfied ; only having obtained a sentence against the defamer , for his recantation or publick disgrace by prosecuting him ad publicam vindictam , he might possibly have in lieu thereof a pecuniary recompence by way of commutation . the prosecution ad publicam vindictam was left to the determination of the ecclesiastical jurisdiction , the other to the cognizance of the secular : much in conformity to what the laws of this realm in cases of defamation seem to say , viz. where the prosecution is meerly for the punishment of sin , and money not demanded , there the spiritual court shall have the cognizance : but where money is demanded in satisfaction of the wrong , there the temporal , specially if the defamer undertake to justifie the matter , or the words express or imply a crime belonging to the cognizance of the common law. these actions of defamation are of a higher nature , than they seem primo intuitu to be ( a mans good name being equilibrious with his life ; ) and therefore the law calls them actiones praejudiciales , that is , such as draw lesser causes to them , but themselves are drawn of none . ( . ) one libelled against another in the ecclesiastical court , for saying that he was a drunkad , or a drunken fellow , and an addle drunken fellow , and by the opinion of the whole court a prohibition was granted , and for such words a prohibition was granted in c. b. in the case of martin calthorp e . ( . ) one moved at the barr for a prohibition to the ecclesiastical court on a suit there depending for calling one bawd ; jones justice conceived , that these differences ought to be observed , where a man calls a woman whore , or such like slander , for which suit lies in the ecclesiastical court against the party ( if the matter appear ) in that case suit lies for slander there , and no prohibition lies ; è contra , if a man be called thief , traytor ▪ or the like , whereon no suit lies for the principal in the ecclesiastical court , but at the common law , if one be sued for such slander in the ecclesiastical court , a prohibition lies . if a man call one bawd , for which suit lies at the spiritual court and also at the common law ; there if the suit be for slander in the ecclesiastical court , in that case no prohibition lies , for the party hath election to sue in which court she please : so if a woman be slandered in her reputation , whereby she is hindered in her marriage , she may sue either at the common law or in the spiritual court for slander . and lastly , if a man speak any words , for which no suit lies at common law , nor are such as concern any thing whereof the ecclesiastical court takes cognizance , it seems that in such case if suit be in the spiritual court for slander , as for convitia , a prohibition lies , as for calling one knave , drunkard , or the like . quaere of that , the chief justice agreed to that , the others said nothing therein f . ( . ) a suit was commenced in the ecclesiastical court , where the lilbel was , that he called the plaintiff quean , or words to that effect , or importing the same sense ; in this case a prohibition was granted : ( ) because no action lies for that word quean . ( ) for the uncertainty thereof g . ( . ) the defendant said to one anthony elcock ( who was a suiter to the plaintiff , and with whom there was near an agreement of marriage ) i know davies daughter , well , she did dwel in cheapside , and a grocer did get her with child , and the plaintff declared , that by reason of these words , elcock refused to take her to wife . adjudged , that the action would lie at the common law , and the suit was not to be in the spiritual court for defamation ; but at the common law , for that she is prejudiced in that which should be her temporal advancement ; and the ground of the action is temporal . the truth of the case was this ; an action upon the case for a slander was brought by anne davies against john gardiner : that whereas there was a communication of a marriage to be had between the plaintiff and one anthony elcock ; the defendant to the intent to hinder the said marriage , said and published , that there was a grocer in london that did get her with child , and that she had the child by the said grocer , whereby she lost her marriage . to which the defendant pleaded not guilty , and was found guilty at the assizes at aylesbury to the dammages of two hundred marks , and now it was alledged in arrest of judgment , that this matter appeareth to be meerly spiritual , and therefore not determinable at common law , but to be prosecuted in the spiritual court. but per curiam , the action lies here , for a woman not married cannot by intendment have so great advancement as by her marriage , whereby she is sure of maintenance for her life , or during her marriage , and dower and other benefits which the temporal laws give by reason of her marriage ; and therefore by this slander she is greatly prejudiced in that which is to be her temporal advancement , for which it is reason to give her remedy by way of action at common law : as if a woman keep a victualling house , to which divers of great credit repair , whereby she hath her livelyhood , and one will say to her guests , that as they respect their credits , they take care how they use such a house , for there the woman is known to be a bawd , whereby the guests avoid the house , to the loss of her husband : shall not she in this case have an action at common law for such a slander ? it is clear that she shall . so if one sa●th , that a woman is a common strumpet , and that it is a slander to them to come to her house , whereby she loseth the advantage that she was wont to have by her guests , she shall have her action for this at common law. so here upon these collateral circumstances , whereby it may appear that she hath more prejudice than can be by calling of one harlot , and the like . and judgment was given for the plaintiff h ( . ) touching defamation , for which suit is in the ecclesiastical court. resolved , the matter must be meer spiritual and determinable only there ; for if it concern any matter which is determinable at the common law , the ecclesiastical judge hath not the cognizance thereof i . ( . ) action was for these words , pierce hath taken a false oath in the court of consistory of exeter . it was objected , that for matters in the spiritual court , an action will not lye : and the stat. of eliz. of perjury , doth not extend to those courts , but it was resolved , that the action did lye for these words , and that the statute doth extend to such and the like courts ; as the court of star-chamber , &c. and the words , that he hath taken a false oath , shall be intended actively , and shall amount to these words , he is forsworn . in this case it was said by prideoux , that these words are actionable , although the perjury be supposed to be committed in the spiritual court ; for he shall be excommunicated if he will not appear , and he shall do penance in a white sheet , which is as great a disgrace as to be set upon the pillory . and it was ruled in an action upon the case betwixt dorrington and dorrington , upon these words , thou art a bastard , that an action lieth , and yet bastardy is a spiritual matter , and there determinable ; so for these words , thou art a pirate , an action lieth , and yet piracy is not punishable by the common law , but in the court of admiralty . and these words , he hath taken a false oath , do amount to these words , he is forsworn . wray conceived , that the words are not actionable , for there is a proviso in the statute of eliz. cap. . that the said act shall not extend to any ecclesiastical court , but that every such offender shall be and may be punished by such usual and ordinary laws as heretofore have been , and are yet used , and frequent in the said ecclesiastical court. gaudy , upon these words , an action doth not lye , for they are not pregnant of any perjury in the plaintiff , for he may be meer passive in it : for if one of the masters of the chancery minister an oath to any person , or any commissioners , &c. and the plaintiff sweareth falsly , a man may say that the master of the chancery , or the commissioners have taken a false oath : and yet he is not guilty of falsity . and afterwards mutata opinione wray , that the proviso in the said statute is to this intent , such an offence may be enquirable and examined in the ecclesiastical court in such manner as was before , but the same doth not take away or restrain the authority of the common law , but that such an offence may be here examined , &c. and as to the latter exception upon these words ( he hath taken a false oath ) it shall be intended actively , and not passively ; and if so , the defendant ought to have so pleaded it : and afterwards judgement was given for the plaintiff k . ( . ) pollard and his wife brought an action against armshaw , for these words , viz. thou art a whore , for i. s. goldsmith hath the use of thy body , and the cart is too good for thee . per curiam , the action will not lie ; for the common law cannot define , who is a whore ; but where if one keep a victualling house , it be said she keeps a house of bawdry , an action will lie l . ( . ) action upon the case for words of defamation . whereas the plaintiff was a person of good fame , and always free from adultery and fornication , &c. and after the death of brian her late husband , was in communication with one cowley for a marriage betwixt them ; that the defendant to deprive her of her fame , and to hinder her from the said marrige , spake of the plaintiff these words , viz. she is a whore , and her children ( innuendo her children which she had by the said brian late her husband ) are frambishes bastards ( innuendo one nicholas frambish . ) after verdict upon not guilty , & found for the plaintiff , it was moved in arrest of judgment by grimston , that these words are not actionable : for , for calling whore , there lies not any action ; and to say that her children by her former husband , are frambishes bastards , is repugnant in it self ; for they cannot be bastards , which were born in the time of her former husband : but all the court held that the action well lies . for to say of a widow who is in comnunication of marriage with another , that she plaid the whore in her former husbands time , is a great discredit : and to say that her children are bastards ( although in truth they cannot be bastards in law , yet in reputation they may be so ) is cause of loss of her marriage , and that none will marry with her ; wherefore it was adjudged for the plaintiff m . ( . ) action upon the case . whereas he keepeth an alehouse licenced by justices of the peace , that the defendant to scandalize the plaintiffs wife , spake these words of her , hang thee bawd , thou art worse than a bawd : thou keepest a house worse than a bawdy house , and thou keepest a whore in thy house to pull out my throat . upon not guilty pleaded , found for the plaintiff . stone moved in arrest of judgment , that these words are not actionable ; but agreed , that for saying one is a bawd , and keeps a bawdy house , action lies , because it is a temporal offence , for which the common law inflicts punishment . but to call one bawd without further speaking , an action lies not , no more than to call one whore. but it is a defamation punishable in the spiritual court. and to say that be keeps a house worse tha● a bawdy house hath not any intendment what he means thereby ; wherefore the action lies not : and if it be intended , that such words should hinder guests from coming thither , being an alehouse , the husband only ought to have brought the action . and as to that , the court ( absente richardson ) agreed . but for the other words , they held , the action lies by the husband and wife , for the slander to his wife ; and it is as much as if he had said , that she keepeth a bawdy house ; wherefore it was adjudged for the plaintiff n . ( . ) a prohibition was prayed , b●cause a. and his wife sued in the ecclesiastical court for defamation , and speaking these words of the plaintiff , he was a cuckold and a wittal , which is worse than a cuckold , and that aylsworth had layen with ayloffs wife ; and for these defamatory words he sued there ; and because it was alledged , that for these words , being but words of spleen , prohibitions had been usually granted , day was thereupon given until this term , to shew cause why a prohibition should not be granted , and divers presidents were shewd , that for calling one cuckold or whore , prohibitions have been granted : but now upon advertisement all the court agreed , that no prohibition should be granted , but that the ecclesiastical court should have jurisdiction thereof : for although they agreed , that there ought not to have been any suit for the first words , they being too general ; yet being coupled with a particular , shewing that the wife committed such an offence with such a particular person , they be not now general words of spleen in common and usual discourse and parlance ; but they held it was a defamation suable in the spiritual court ; whereupon the prohibition was denied o . — brownlow chief protonotary produced on that occasion several presidents , where prohibitions had been granted to stay suits for such words , viz. trin. . jac. rot . . purchas vers . birrel , for that he was presented at several enquests within his parish for being a drunkard , and a barretor . and pasch . . jac. rot . . prohibition to stay a suit for calling a parson hedge-priest . and mich. . jac. barker vers . pasmore : she is a quean , and a tainted quean . prohibition granted . . h. prays a prohibition to stay a suit in the spiritual court of defamation for speaking these words , thou art a bawd , and i will prove thee a bawd. and because these are words properly dererminable in the spiritual court , and for which no action lies at the common law , a prohibition was denied . but for saying , thou keepest a house of bawdry , this being matter determinable at common law by indictment , suit shall not be in the spiritual court p . vid. h. . and co. lib. . fo . . ( . ) prohibition was prayed to the ecclesiastical court to stay a suit there for defamation , for these words , thou art a drunkard or drunken fellow . and by the opinion of croke , jones and berkley , a prohibition was granted : for these words do not concern any spiritual matter , but meerly temporal , and they be but convitium temporale , and a common phrase of brawling , for which there ought not to be a suit in the spiritual court ; and so it was held in calthorp's case , in c. b. but richardson doubted thereof , because the spiritual court as well as the temporal may meddle with the punishment of drunkenness ; so it is not meerly temporal : but he assented to the grant of a prohibition , and the party may ( if he will ) demurr thereto ; whereupon a prohibition was granted q . ( . ) prohibition was prayed by bulstrod for gobbet , to stay a suit in the spiritual court for defamation , in speaking these words , he is a cuckoldly knave , and cited presidents , that for saying , he is a knave and a cheating knave , suit being in the spiritual court , a prohibition was granted upon good advisement ; and the court said , that president is not like to this case , for there was not any offence wherewith the spiritual court ought to meddle , but in this case for these words , it is properly to be examined and punished there pro reformatione morum ; for it is a disgrace to the husband as well as to the wife , because he suffers and connives at it , whereupon ( absente richardson ) the prohibition was denied . again , it was moved , that this should be granted upon the statute of h. . because he was sued in the court of the arches , which is in the archbishops jurisdiction , and the words were spoken at thistleworth in london diocess , as appeared by the libel . but jones said , that he was informed by dr. duck. chancellor of london , that there hath been for long time a composition betwixt the bishop of london and the archbishop of canterbury , that if any suit be begun before the archbishop , it shall be always permitted by the bishop of london ; so as it is quasi a general license , and so not sued there but with the bishops assent ; and for that reason the archbishop never makes any visitation in london diocess . and hereupon also the prohibition was denied r . ( . ) action , for that the defendant had said of and to the plaintiff , being of good same , and one who had served as captain in the wars , haec verba in london , thou art a pimp , averring that in london that word was known to be intended a bawd ; and further said , that he was a common pimp , and notorious , which he would justifie . after verdict for the plaintiff , littleton ( the king's sollicitor ) moved in arrest of judgment , that these words are not actionable ; for it is a meer spiritual slander , as whore or heretick , and punishable in the spiritual court , and not at the common law ; and he said , that divers times suits have been in the spiritual court for such words , and prohibitions prayed and never granted . vid. . h. . . but to say that he keeps a bawdy house , is presentable in the leet , and punishable at the common law. ward , è contra , because it is spoken of one of an honourable profession , viz. a souldier , and trenches on his reputation to be taxed with such a base offence ; and he said , that such offences have been divers times punished in london by corporal punishment , but it was answered , that was by custom ; and there the calling one where is actionable . jones justice held that the action lay not ; and all the justices agreed , that the exposition and averment ( that pimp is known to be a name for a common bawd ) is good . croke and berkley agreed , that the words are very slanderous , and more than if he had call'd him adulterer or whoremonger , &c. aud may be indicted and punished for it corporally , as tending to the breach of the peace ; and rule was given that judgement should be entred , &c. but was afterwards stayed s . ( . ) suit being in the ecclesiastical court for calling a mans wife welch jade and welch rogue , sentence being there in the arches , the defendant appealed to the court of audience ; and in the appeal mentioned the former words , and in the libel was interlined [ and a welch thief : ] and hereupon a prohibition was prayed and granted , unless cause were shewn by such a day to the contrary : for it was held clearly , that for the word [ welch thief ] action lies at the common law , and they ought not to sue in the spiritual court : and for the other words , it was conceived upon the first motion , they ought not to sue in the spiritual court , for they be words only of heat and no slander . but it was afterwards moved and shewn , that the said words [ a welch thief ] were not in the first libel , nor in the appeal at the time of the appeal ; but were interlined by a false hand without the privity of the plaintiff in the ecclesiastical court , and that upon examination in that court , it was found to be falsly inserted , and ordered to be expunged . and that the words welch jade were shewn in the libel to be expounded and so known to be a welch whore ; which being a spiritual cause and examinable there , it was therefore prayed that no prohibition should be granted ; and if it were granted , that a consultation should be awarded . and of this opinion was all the court , that the words [ and a welch thief ] being unduly interlined , and by authority of the ecclesiastical court expunged , and in that court jade is known and so expounded for a whore , our law gives credence to them therein , and especially being after two sentences in the spiritual court. this court will not meddle therewith . wherefore consultation was granted , if any prohibition was issued forth quia improvide ; and rule given , that if a prohibition was not passed , that none should be granted t . ( . ) it was moved for a prohibition by harris serjeant to the court of audience , because that the plaintiff was sued there for saying to one , thou art a common whore and a base quean , and harris said , that a prohibition had been granted in this court , for saying to one that she was a pimperly quean : and it was the case of man against hucksler : and finch said , though the words are not actionable in our law , yet they are punishable in the spiritual court , for the word quean in their law implies as much as whore : but hobart said , that this word quean is not a word of any certain sense , and is to all intents and purposes an individuum vagum , and so incertain u . ( . ) in an action upon the case ; that whereas he is parson of d. and a preacher , the defendant slandered him in haec verba , parrett is a lewd adulterer , and hath had two children by the wife of i. s. i will cause him to be deprived for it . by the court the action doth not lie : for the slander is to be punished in the ecclesiastical court. and so awarded quod quer. nil . cap. per. bill . x . ( . ) d. had sued t. in the ecclesiastical court for this , viz. that whereas she was of good fame , and kept a victualling house in good order ; that the said t. had published that d. kept an house of bawdry . t. now brought a prohibition , and by the court well ; for d. might have an action for that at the common law , especially where she kept a victualling house as her trade . note , . h. . . and by the justices , that the keeping of a brothel-house is enquirable at the leet ; and so a temporal offence . and so was the opinion of the court ; tr. . car. b. r. mrs. holland's case y . ( . ) w. sued l in the ecclesiastical court for a defamation , and had sentence ; l. appeals , and depending the appeal comes a pardon , which relates to the offence , and pardons it ; then l. deferrs his appeal , and for that w. had costs taxed him : and now l. prayed a prohibition , because he deferr'd his appeal because of the pardon , which had taken away the offence . and by the court in that case , after the pardon the inferiour court cannot tax costs ; but it was urged that the superiour courts might tax costs upon the desertion of the appeal , which is an offence after the pardon . but it was answered on the other side , that it was in vain to prosecute the appeal , when the offence it self is pardoned . the words were , thou art a pander , to sr. hen. vaughan : and there was much debate if they were actionable at common law ; yet it was agreed , that a suit may be brought for them in the spiritual court , as for calling one whore , bawd , or drunkard : but otherwise by jones , if he had said , that he was drunk ; for then a prohibition lies . and it was ruled in . jac. b. r. in the case of cradock against thomas ; a prohibition was granted in a suit for calling one whoreson . and in weeks case , a prohibition in a suit for calling one knave z . ( . ) e. and m. being reputed church-wardens ( but they never took any oath , as the office requires ) present a feme covert upon a common report for adultery , &c. and the husband and wife libel against them in the ecclesiastical court for that defamation . and when sentence was ready to be given for them , the church-wardens appeal to the arches , where the presentment was proved but by one witness ; they sentenced the baron and feme . but now ward serjeant , moved for a prohibition , but it was denied by the court ; for they were plaintiffs first . and also it is a cause , which this court had not any cognizance of a . ( . ) note , upon evidence to the jury , resolved by the court that an action upon the case for words , lies against an infant of seventeen years of age . for malitia supplet aetatem b . and it is said at the common law , that if a man libel in the ecclesiastical court against one for saying certain words of him , which he will maintain in an action upon the case at common law , a prohibition lies c . ( . ) if a man libels in the ecclesiastical court against one for saying that he is a witch or the son of a witch ; although no action lies for that at the common law , yet no prohibition shall be granted , for peradventure he may have some spiritual prejudice thereby , if he should be the son of a witch , as that he cannot be a priest or the like : ( for it seems all the force of the words consists in the last words , they being spoken in the disjunctive ) d . if a parson of a church call a. b. drunkard , upon which a. b. answers thou lyest ; if the parson sue a. b. in the ecclesiastical court for giving him the lye , a prohibition lies , for that the cause for which he gave him the lye , is not spiritual , but depending on a temporal thing precedent e . but if a man call a minister knave , he may be sued for that in the ecclesiastical court , and no prohibition lies f . if one man says of another , that he will not hear sermons made by those who have been made ministers by bishops ; he may be sued for that in the ecclesiastical court , and no prohibition shall be granted g . if a man says of another , that he keeps a bawdy house , and is sued for it in the ecclesiastical court , although he might have an action at common law , yet the ecclesiastical law hath a concurrent jurisdiction in this , and the words are mixt , for which reason no prohibition lies h and if one says of another , that he is a pander , he may be sued in the ecclesiastical court , for that the signification of that word is well known , and sounds to a spiritual defamation i , or if a man says to another , thou art a cuckoldly knave , and for that he and his wife sue him in the ecclesiastical court for a defamation , no prohibition lies , for that these words amount to a spiritual defamation , viz. that his wife was incontinent ; in this case a prohibition was denied k . husband and wife were divorced for adultery à mensa & thoro , & mutua cohabitatione ( and as one of the counsel said , de omnibus matrimonialibus obsequiis , but the counsel of the other party denied that ) and after the wife sued in the ecclesiastical court a stranger for defamation , and sentence there given for her , and penance enjoyn'd to the party defendant , and costs of suit assessed for the plaintiff ; and afterwards the defendant appeals , and after the husband of the wife releases all actions , and that suit and all appertaining thereunto , and the defendant pleaded that release , and they remitted back the suit to the inferiour court again ; and now coventry recorder of london prayed a prohibition , for that notwithstanding the divorce they continued husband and wife , and therefore the release of the husband should barr the wife from having execution of the sentence , and of the costs el. in this court between steevens administrator of one steevens , and totte , the case was , that after a divorce for adultery of the husband à mensa & thoro , the woman sued in the ecclesiastical court for a legacy , devised to her by the testator , and the defendant pleaded a release thereof from the husband , and thereupon a prohibition was granted , and he shew'd that president in court , but the president did not comprehend the divorce ; but doderidge said , he well remembred when that case was argued , and the parlance then was about the divorce . wentworth , it seems that no prohibition shall be granted , hill. . jac. in this court. a suit was commenced in the ecclesiastical court by two church-wardens , and the defendant there pleaded the release of one of them , and thereupon a prohibition was here granted , and after a consultation was granted , for that they shall try that , having cognizance of the principal , and in this case the release is after the appeal , and therefore it may not be pleaded upon the appeal , for the judges in the appeal have no power but to examine the former sentence , and not any collateral matter . coventrie , i agree the case of the church-wardens , for that the release of one is not any barr in law , for . el●z . it was here resolved between methon and winns , that a gift by the church-wardens without the assent of the sidemen or vestry is void ; but it is otherwise here , for here the release of the husband is sufficient to discharge the execution of that sentence , the which is all that we demand , . l● . . such divorce is not any barr of dower . the court seemed to incline that no prohibition should be granted , for that the wife in such case may be sued alone without the husband by the ecclesiastical law , and this is matter meerly spiritual viz. defamation , and therefore we have nothing to do therewith , and the release of the husband shall not discharge the suit of the wife , which is only to restore her to her credit and reputation which was impeached by the other , and the costs of suit is not for any dammage , but meerly for the charge of the suit , and therefore the suit being not discharged , the costs shall remain also ; and this case is not like the fore-cited case of stephens , for the thing for which that suit was , was originally a legacy due to husband and wife , and therefore there the release of the husband was a good discharge , but here was no duty in the husband originally , ergo , &c. curia advisare vult h . in palmer and thorps case it was resolved , that defamation in the ecclesiastical court ought to have three incidents . ( ) that the matter be meerly spiritual and determinable in the ecclesiastical court , as for calling one heretick , schismatick , advowterer , fornicator . ( ) it ought to concern matter meerly spiritual only ; for if it concern any thing determinable at common law , the ecclesiastical judge shall not have cognizance of it . see for this . e. . the abbot of st. albons case . ( ) though the thing be meerly spiritual , yet he which is defamed , cannot sue there for amends or dammages , but the suit there ought to be for punishment of the offender , pro salute animae : for this see articulis cleri , & circumspecte agatis , and fitz. , , . but yet the plainshall recover costs there , and there if the defendant to redeem his penance agree to pay a certain sum , the party may sue for this there , and no prohibition lies in that case . in a case of prohibition between m. and m. in the ecclesiastical court ; the case was , a suit was there for defamation , by the wife of the party , a sentence there given , and costs pro expensis litis , the husband did release these costs , which they would not there allow of ; upon a suggestion here that the husband was divorced causa adulterii , a prohibition was prayed ; and for which it was urged , that the release by the husband was good , the suit being there for defamation , sentence there given , the wife divorced à mensa & thoro , which doth not dissolve vinculum matrimonii , but that this notwithstanding they may come together again when they will ; and such a divorce is no barr of dower . doderidge , they are only to restore the party to her good name , in case of defamation : the point here only is , the husband and wife are divorced , causa adulterii , the wife sues in the ecclesiastical court for defamation , and there recovers , and costs are given , the which the husband did release ; whether this release thus made by the husband , shall barr the wife of her costs . and if they will not allow of this release there , whether a prohibition shall be granted or not . the whole court clear of opinion , that no prohibition in this case is to be granted . and so by the whole court , the prohibition was denied . chap. xxxviii . of sacriledge . . whence the word sacriledge is derived , what it imports , and the several kinds thereof . . it is taken properly and strictly , or improperly & in sensu largo ; and is of a mixt cognizance . . the several ways whereby sacriledge may be committed . . who are intended by persons sacred , against whom sacriledge may be committed ; the division thereof . . bartol's definition of sacriledge ; several severe punishments thereof recorded by historians . . the several punishments inflicted on sacrilegious persons according to the civil and canon law ; the civil law more severe therein than the canon ; how punish'd anciently in this realm according to the ecclesiastical constitutions thereof . . the dreadful curse anciently and solemnly pronounced in parliament against sacrilegious persons . . a remarkable judgement that happened to a bishop of bangor for sacriledge . ( . ) sacriledge , from sacro & lego , or à sacris legendis , that is , suffurandis for that word lego sometimes signifies furari or rapere : isidor . lib. . origin . lit . s . sacrilegus , qui sacra legit , h. e. furatur . in the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 importing as much as to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is praedari vel violari sacra , for sacriledge is the violation or usurpation of some thing that is sacred , gloss . in cap. omnes ecclesiae . q. . and may be committed three several ways , as ( . ) either in respect of the person , as when a man doth wound or strike an ecclesiastical person in holy orders : or ( . ) in respect of the place , as when one violates the priviledges or immunities of the church or church-yard : or ( . ) in respect of the thing , as when a thing sacred or consecrated or deputed or dedicated to some sacred use is usurped upon and taken away , and this holds true , whether auferatur sacrum de loco sacro , vel non sacro , vel non sacrum de sacro . lindw . de offic. archipres . c. . glos . in verb. sacrilegium . ( . ) sacriledge is taken either strictly and properly , as when a thing sacred is stolen out of a sacred place ; so it is held according to the law generally , but either will amount to sacriledge according to the canons : or in a large sense and improperly , and so it extends to other crimes . l. si quis c. de epis . & cle . &c. de sacrileg . per totum . as infringing the church's liberties , invading ecclesiastical goods and the like , whereof more hereafter . lindw . de immun . eccl. c. . glos . in ver . sacrilegi . the emperors held their constitutions so sacred , that they called the violation thereof sacriledge . l. un . c. de crimi . sacril . this crime is of a mixt cognizance , partly ecclesiastical , partly secular , whereof each jurisdiction may jure proprio take cognizance . c. cum sit generale . de foro compet . so that this crime of sacriledge is not meerly ecclesiastical , because the cognizance ●●●reof in some cases may appertain to the secular judge , at least quoad poenam , si quis in hoc c. de epis . & cler. and hostiensis himself doth confess as much quoad poenam corporalem ; otherwise it is as to the censures of the church contra talem fulminadas . ( . ) there are many ways whereby sacriledge may be committed , as by invading the rights and goods of the church , by unjust and illegal vexing and molesting the church , by wasting and destroying the church , by violating ecclesiasticks , by a clerks consulting with soothsayers and diviners , by violating church-priviledges and immunities , by striking a clerk. lindw . de immun . eccl. c. seculi glo . in verb. ausu sacrilego . church-burners , church-breakers , church-robbers , by stealing the church-bible , the calice , or other thing out of the church , by violating the church-porch or breaking the doors thereof , by striking in the church , or apprehending and taking any one there , by obstructing the jurisdiction of the church , or hindering any of that free access which he ought to have to the church , by usurping the guardianship or custody of a church that is void , and under that pretence posess themselves of the goods and revenues thereof , by usurping and occupying the oblations and offerings of the church ; but to explicate this crime of sacriledge to its full latitude , it is requisite in order thereto , to distinguish aright of things sacred which are violated thereby ; for as habits are distinguish'd ex objectis , so vices by the matters about which they are conversant ; now the matter of sacriledge is ever something sacred , and therefore sacriledges are distinguish'd according to the diversity of sacred things ; whence aquinas inferr's , that as there are three kinds of things sacred , viz. persons , places , and some other things : so there is a threefold kind of sacriledge , viz. against persons , against places , and against other things consecrated and dedicated to divine worship . which distinction the canonists do generally hold in each member thereof : as sacriledge , ( . ) against ecclesiastical persons . cap. sicut . &c. quisquis . . q. . & in c. si quis deinceps usque ad cap. si quis suadente . ead . caus . & q. ( . ) sacriledge against sacred places . cap. miror , &c. frater . ( . ) against the goods and revenues of the church . cap. sacrilegium . cap. omnes ecclesiae . & cap. attendendum . it being expresly said , that qui pecunias vel res ecclesiae abstulerit , sacrilegium facit . in cap. qui rapit . there is no sacriledge but may be reduced to one of these three heads , although under them there may be divers other kinds of sacriledges more particularly subdistinguish'd . ( . ) by persons sacred is here understood such , as in a peculiar manner are set apart and dedicated to divine publick worship according to sacred ordination ; and the principal kind of sacriledge commissable against such , is the laying of violent hands on them , which is a violation of their immunities or priviledges . cap. si quis suadente . . q. . and as to sacriledge committed against places sacred , the canon is , that sacrilegium committitur auferendo sacrum de sacro , vel non sacrum de sacro , aut sacrum de non sacro cap. quisquis . q. . of which three members the third doth not belong to this circumstance of place . and as to the second member thereof the civil law determines otherwise than the canon , for in that case the civil law says , that res privatorum , si in aedem sacram depositae , surreptae fuerint furti actionem non sacrilegii esse . l. div. ff . ad leg . jul . pec . yet among the canonists it is communis opinio , that furtum in loco sacro sacrilegium est . and where the canon law speaks of churches , it says , si qui deposita , vel alia quaelihet exinde abstrahunt , velut sacrilegi canonicae sententiae subjaceant . but every offence done in the church is not sacriledge ; yet it is held , that it is in the power of the ecclesiastical jurisdiction , so to prohibit the doing of some certain things and actions in the church , that such as offend against the prohibition , shall be reputed sacrilegions , though the things in themselves are not sacriledge . the canonists also do hold , that the perverting of the holy scriptures , to uphold , maintain , or confirm errors , is gravissimum sacrilegium . suar●z . lib. . de sacrilegio c. . nu . ; ( . ) notwithstanding what has been said , bartol defines sacriledge to be the taking away or stealing some sacred thing out of some publick sacred place ; this is most properly sacriledge , according to bartol , bart. in l. sacrilegii poenam . ff . ad leg. jul. pcculat . to which it may not be impertinent or superfluous to add [ cum animo furandi . ] the civil law punish'd it with death , bart. ibid. & alii d d. in dict . l. & menoch . de arbit . jud. l. . cent. . cas . . nu . . so the athenians put a boy to death for stealing a plate of gold out of diana's temple which fell from her gown . aelian . lib. . de var. hist . cap. . among the grecians the sacrilegious persons were not to have the common humanity of a grave , but were cast out unburied . diod. sicul. lib. . biblio . in . an. philippi . philip king of macedon in his holy warr against the p●ocenses , having taken their general onomarchus and routed their army , commanded the general to be hanged , the rest to be drownd like sarcrilegious persons . idem dict . lib. anno . philip. alexander the great in the olympick games caused it to be proclaimed by an herauld , that all exiles and banished persons , except for sacriledge and murder , should be permitted to return to their own countrey . idem lib. . an. . alexandri . & gemist . pl●tho . lib. . de gestis . graec. post pugnam mantineam . pleminius ambassador from scipio to the senate of rome , having robb'd the treasure of proserpina , and being now nigh dead by a most searful and horrid kind of disease before he was brought to his trial , the roman senate notwithstanding condemned him in double the sum to pr serpina . livius lib. . bel. . punic . & valer. l. . cap. . domitian , when it was reported to him by the flamens or jupiters high priests , that one had erected a monument for his son with stones design'd for the temple or capitol , commanded the monument to be pulled down , and demolished , the bones and ashes of the party to be cast into the sea , and the stones to be restored to the temple : sueton. in domitian . cap. . xenophon relates out of the laws of the athenians against sacrilegious persons in these words , viz. judge , o athenians , in this matter according to the law made against sacrilegious persons and traitors , that if any hath committed treason or theft of things sacred , let him be adjudged to death , and let sentence be that be be not buryed in athens , and all his goods confiscate . xenoph. de lege atheniens . another law against sacrilegious persons apud constantinum harmenopulum , in haec verba , whoever steals any thing sacred out of a sacred place , let him have his eyes pluck'd out . const . harmen . lib. . prompt . jur . car . . gunctranus king of the parisians and galls , with his nobles and bishops assembled on the festival of sumphorianus , made a law that their armies or soldiers should not on pain of death , either on their march or on a victory , rush violently into any churches or rob the same . greg. turon . lib. . hist . franc. c. . clearchus and sitacles , soldiers under alexander the great , being accused by his army of robbing and spoiling churches and removing antient monuments , were commanded to be put to death . orxines , who succeeded phrasaortes in the kingdom of persia , being accused and convicted of robbing and wasting the temples , churches , and the monuments of the kings , was by alexanders command crucified to death . arria . lib. . in fin . de expedit . alexan. the law in some cases doth leave the penalty of sacriledge arbitrary , especially where any churches are notoriously and violently broken open , and the offerings or sacred vessels thence stolen away by night , in which case the punishment is capital ; and so practised in the kingdome of naples ; boerii decis . . nu . . it is not the value of the thing stolen , that causes this crime of sacriledge to be so severely punished , but because there is more of audacity and iniquity in this kind of theft than of others of inferiour circumstances ; and therefore calistratus accused menalopus that he had robd'd templi custodes , anglice , church-wardens , and had thence stolen away three very small vessels minimi ponderis , yet even this was punished as sacriledge of a very criminal nature . innumerable are the presidents of this kind found among historians ; to which might be added that of famous or rather infamous remark , touching charls martell , king of france , cujus animam ( says tritemius ) visam deportari od inferos , quod multas ecclesias spoliasset , dum bellis inimicos persequeretur . tritem in breviar . hist . franc. in fin . ( . ) touching sacriledge as diversified in respect of persons , places , and other things sacred , the canonists enumerate such kinds thereof , as would seem very uncouth and strange for us to hear of in this kingdom , as the constitution of the ecclesiastical state thereof is now most protestantly established ; they are therefore here purposely omitted . the penalties likewise inflicted on sacrilegious persons vary according to circumstances , and as the kinds or degrets of the sacriledge are ; and herein the canon and the civil law have provided very different penalties ; which at the canon law are of one kind , and at the civil law of another : but according to the ancient ecclesiastical constitutions of this realm , sacriledge of what kind soever , regularly incurr's the penalty of excommunication , which admitts also of distinctions : for as there is the greater and the lesser excommunication ; so there is excommunication ipso facto , in contradistinction to that which is only ipso jure ; also the law even in this point of sacriledge doth distinguish between excommunication latam , and ferendam ; for if it be sacriledge committed against an ecclesiastical person , then according to the canon law , and as heretofore practised in this realm , the penalty was excommunicatio lata ; but when it is in respect of some things pertaining to the church , in that case the punishment was excommunicatio ferenda . lindw . de immun . eccl. c. . glo . in ver . omnibus poenis . and sometimes a pecuniary punishment was inflicted for sacriledge . . q. . c. quisquis . &c. si quis contumax . the ecclesiastical law doth not punish sacriledge with that austerity and severity as the civil law doth , l. sacrilegio . ff . ad leg. jul. peculat . whereby the punishment sometimes is damnatio ad bestias , sometimes the sacrilegious person is burnt alive , sometimes hung on fonk , sometimes condemned to the mines , sometimes banished , and sometimes sentenced to death in the ordinary way of execution . he that is guilty of sacriledge against an ecclesiastical person , is by the canon law excommunicatus ipso facto , . q. . c. si quis suadente . but if it be in rebus ecclesiae , he is by that law excommunicandus . de foro compet . c. conquestus . if it be committed in the church , and that by firing or breaking it open , in that case the sacrilegious person is ipso jure excommunicated . de sent . excom . c. conquesti . if it be without burning or breaking it open , as when a thing being left in the church , is taken away , in that case he ought to be excommunicated . de furtib . c. fin . and this ( says lindwood ) may stand as a rule in law , that wherever you find that regularly the sacrilegious person is not ipso jure excommunicated majori excommunicatione , it hath these several fallentias , that is , it doth not hold in case of burning , violating , spoiling and wasting of the church , nor in burning or breaking open the church door , nor in sacriledge against an ecclesiastical person , nor in case of striking or violently apprehending any man in the church , nor in any forcible or violent taking away any thing out of the church , nor in any that were excommunicated before for the like offence , nor in such as pull down or demolish the body of the church or any part thereof , and the like , lindw . de immu . eccl. c. ut invadentib . glo . in ver . excomunicati . all which is likewiseexpresly set down in athon's gloss on cardinal othobon's constitutions , de abstrahentib . confug , ad eccles . c. ad tutelam glo . in ver . obsevari . and seems to have an adequate affinity with what solomon ( who , as in other things , so specially in matters of the temple , had the best experience ) says , it is a suare to the man , who devoureth that which is holy. pro. . . ( . ) the dreadful curse denounced against sacrilegious persons , appears in that remarkable passage in parliament above four hundred years since , where the priviledges of the clergy , and franchises of the church , were ( with the liberties of the people ) granted , confirmed , and settled by the king in full parliament , anno . in such a solemn manner , as no history can parallel ; the king stood up with his hand upon his breast , all the lords spiritual and temporal , stood with burning tapers in their hands , the archbishop pronounceth as followeth , viz. by the authority of god omnipotent , of the son , and of the holy ghost , &c. we excommunicate , anathematize , and sequester from our holy mother the church , all those , who henceforth knowingly and maliciously deprive and spoil churches of their right , and all those that shall by any art or wit rashly violate , diminish , or alter secretly or openly , in deed , word , or counsel , those ecclesiastical liberties , &c. granted by our lord the king , to the archbishops , bishops , prelates , &c. for everlasting memory whereof , we have hereunto put our seal . after which , all throwing down their tapers , extinguish'd and smoaking , they all said , so let all that shall go against this curse , be extinct and stink in hell , and ethelwolphus , the second sole monarch among the saxon on kings , having by advice of his nobles , granted for ever to god and the church , both the tithe of all goods , and the tenth part of all the lands of england , free from all secular service , taxes , or impositions whatsover , concludes the said grant or charter of donation in these words , viz. qui augere voluerit nostram donationem , augeat omnipotens deus dies ejus prosperos ; si quis vero mutare vel minuere praesumpserit , noscat se ad tribunal christi rationem redditurum . ( . ) dr. heylyn in his ecclesia restaurata relates a remarkable passage touching a sad judgment , that in the time of queen mary befell buckly bishop of bangor , an. . for the sacrilegious havock he made of the lands and patrimony of that church , who not content to alienate the lands , and weaken the estate thereof , resolved to rob it also of its bells ( for fear perhaps of having any knell rung out at the churches funeral ; ) and not content to sell the bells which were five in number , he would needs satisfie himself with seeing them conveyed on shipboard , and had scarce given himself that satisfaction , but was immediately struck blind , and so continued from that time to the day of his death : chap. xxxix . of simony . . the definition and description of simony ; the penalties thereof . . the difference between simoniacus and simoniace promotus ; the latitude of that word simony . . how the anuual value of the benefice is computable upon the forfeiture by reason of simony . . whether a clerk simoniacally presented , but not privy to the simony , be disabled for that turn to be presented by the king to the same church ? . the diversifications of simoniacal contracts , or the various ways of committing simony . . an obligation to present one upon condition of resignation , may not be simony . . to promise one a sum of money to bestow his endeavour to procure one to be presented to a benefice , is a simoniacal contract . . several ways of contracting , obliging , and agreeing , which will amount to simony . . a clerk may oblige to his patron to pay a sum yearly , and yet no simony . . the plea of simony is a good barr to the parsons demand of tithes . . whether the fathers free covenant with his son in law , upon the marriage of his daughter to present him to such a living when it falls , be simony ? . whether a simoniacalvsurper shall prejudice the rightful patron , by giving the king the presentation . . whether an incumbent that is in by simony , may after a general pardon be removed . . the grand case of calvert and kitching at the common law touching simony . . to convey a corrupt gift by an innocent hand , will not excuse it from being simony . . the kings case against the archbishop of canterbury , sir john hall , and richard clark touching simony . . the proof of simony in a parson is good to harr him of tithes . . a patrons presentation upon the presentees obligation to make a resignation within three months after the patron so please , may amount to simony within the statute of eliz. cap. . . a corrupt contract for an advowson may make the subsequent incumbent simoniacal . . to plead a simoniacal contract against a bond , it not so appearing , is no admissable plea. . masters of chancery , why so called , and what they were anciently . . prihibition to the high commissioners , that would have put a parson to his oath touching simony . . in what cases ( by reason of simony ) the patron may present after six months ; and the church said to be full as to one , not to another . . the injunction of king ed. . against simony . . the form of the oath of simony . . a simoniacal contract a good plea in barr of tithes . . a further description in law of the difference between simoniacus , and simoniace promotus . . the simoniace promotus , though ignorant of the simony , yet is deprivable in the ecclesiastical court. . a simoniacal contract , to which neither the incumbent nor the patron are privy , may yet be simony within the statute of eliz. . simony in it's utmost latitude is properly cognizable in the ecclesiastical court. . simony worse than felony ; a bond or obligation good , though entred into upon a simoniacal contract . . whether a parson outsed for simony , may be after admitted to the same benefice by the kings presentation . . a person simoniace promotus , and ousted , is by the express words of the statute disabled to accept the same benefice . . where simony is pleaded in barr of tithes , the ecclesiastical court shall take cognizance , and no prohibition lies . . whether the father may buy the next avoidance , and present his son ; no simony to buy an advowson . . to procure a man ( in consideration of marriage ) to be presented to a benefice , is simony . . four observations on the statute of eliz. cap. . by the lord coke . . the extent of the words ( present or collate ) in the said statute , also the diversity in law between a presentation made by a rightful patron and an usurper . . what punishment by the canon law in case of simony ; and the strange conceit of rebuffus touching the same . . the reasons why it hath its denomination from simon magus ; how many ways it may be committed according to the canon law. ( . ) simony ( from simon magus , as thomas aquinas and others conceive , tho. aquin. . . ae . q. . art . . & . ) is according to panormitan's definition thereof , ) studiosa voluntas emendi vel vendendi aliquid spirituale , vel spirituali annexum , opere subsecuto , panor c. nemo extra , &c. or it may be described thus , viz. simony is when any person is presented or collated to any benefice with cure of souls , dignity , prebend , or living ecclesiastical , &c. or hath any such given or bestowed on him , for or in respect of any sum of money , reward , payment , gift , profit , or benefit directly or indirectly , or for or by reason of any promise , agreement , grant , bond , covenant or other assurance for any sum of money , reward , payment , gift , profit or benefit whatsoever , directly or indirectly , or for or in respect of any such corrupt cause or consideration ; and every presentation , collation , and gift , as also every admission , investure , and induction thereupon is by the statute utterly void c , and whereby the king his heirs and successors for that one turn only shall present , collate , &c. and every person so giving or taking any such sum of money , &c. or taking or making any such promise , &c. doth forfeit and lose the double value of one years profit of every such benefice . moreover , the person so corruptly taking any such benefice is thereupon and from thenceforth adjudged a person disabled in law to hold and enjoy the same benefice d . the like penalty of the said double value doth he incurr , who for any sum of money , reward , &c. directly or indirectly ( other than the lawful fees ) or for or by reason of any promise , &c. doth admit , institute , install , induct any person to , or in any benefice with cure , &c. likewise , if any incumbent of any such benefice shall corruptly resign or exchange the same , or for or in respect thereof shall corruptly take , directly or indirectly , any pension , sum of money , or benefit whatever , in such case both the giver and taker corruptly as aforesaid , shall forfeit double the value of the sum so given , taken , or had , whereof the one moiety to the king , &c. the other to him that shall sue for the same in any court of record e . in which statute of eliz. there is a proviso , that the censures ecclesiastical shall not be restrained by any of the premises therein contained . ( . ) they that simoniacally buy ecclesiastical livings are compared to simon magus , and they that sell them to gehazi the servant of elisha f if a person be possest of an ecclesiastical living by such simony as whereunto he was not privy , be is said to be in only simoniace : but if he be in any corrupt and simoniacal contract , to which himself is a party , and was privy and consenting thereunto , in that case he is simonaicus ; both which are inhibited by the canons ecclesiastical or provincial constitutions , as also are the said corrupt and simonaical selling as well as buying ecclesiastical livings , lindw . e. nulli liceat ecclesiam &c. quia plerunq , and that under penalties greater than the temporal laws did then , or now will allow of . and although by simony in the vulgar acceptation of the word , is commonly understood such corrupt contract for ecclesiastical livings as aforesaid , yet it hath a more extensive signification and that is a more proper sense , which is by corrupt ordinations of ministers , or for undue licences to preach ; for prevention whereof it is provided in the statute aforesaid h , that if any person shall receive or take any money , fee , reward , or any other profit directly or indirectly ; or any promise , agreement , covenant , bond , or other assurance thereof ( lawful fees excepted ) for or to procure the ordaining or making of any minister , &c. or giving any order and license to preach , shall forfeit forty shillings , and the minister so made ten pound , beside the loss of any benefice , living , or other ecclesiastical promotion after induction , that any such minister shall within seven years next after such corrupt entring into the ministry accept and take ; the one half of which forfeitures do go to the king , &c. the other to the informer , &c. and the patron in that case may present , &c. as if the party so inducted were naturally dead . ( . ) the forfeiture of the double value of one years profit of the church by way of penalty , as is beforementioned , is not to be computed only according to the valuation in the kings books in the first-fruit office , but according to the just and full annual value of the church i . this double value shall be accounted according to the very or true value , as the same may be let , and shall be tried by a jury , and not according to the extent , or taxation of the church . co. par . . inst . cap. . and albeit the clerk be not privy to the simoniack contract , yet it seems the patron shall pro hac vice lose his presentation k . but the title of the rightful , and uncorrupt patron shall not be sorscited or prejudiced by the simoniacal contract of an usurper , albeit the clerk be by his presentation admitted , instituted and inducted , nor entitle the king to present . ( . ) the church , notwithstanding the admission , institution , and induction , becomes void , whether the clerk presented were a party or privy to the corrupt and simoniacal contract or not ; but sir simon degee in his parson's counsellor puts the material question , viz. whether the clerk that is presented upon a simoniacal contract , to which he is neither party nor privy , be disabled for that turn to be presented by the king to that viz. the same church ? in order to the resolution whereof he acquaints us with a case reported , wherein it was adjudged , that if a clerk were presented upon a simoniacal contract , to which he was neither party nor privy , that yet notwithstanding it was a perpetual disability upon that clerk as to that church or living l the like in another case , where b. ( the church being void ) agreed with the patron to give him a certain sum of money for the presentation ; b. presented c. who knew nothing of the simoniacal contract till after his induction ; in this case it seem'd by warburton justice , that c. was disabled quoad hanc ecclesiam m . in which case it was clear , that the grant of the presentation during the vacancy was meerly void ; that b. presented as an usurper ; that c. was in by the corrupt contract ; and that were it not for the same , the patron would not have suffered the usurpation . in further confirmation hereof it is also reported to us that sir edward coke affirmed it hath been adjudged , that if a church be void , and a stranger contracts for a sum of money to present one who is not privy to the agreement , that notwithstanding the incumbent coming in by the simoniacal contract , is a person disabled to enjoy that benefice , although he obtain a new presentation from the king ; for that the statute as to that living , hath disabled him during life n . notwithstanding all which premises , sir edward coke in his comment upon the said statute of eliz. asserts it to have been adjudged in the forecited case of baker and rogers , that where the presentee is not privy nor consenting to any such corrupt contract , there ( because it is no simony in him ) he shall not be adjudged a disabled person within the said act , for the words of the statute are ( and the person so corruptly giving , &c. ) and so ( says he ) it was resolved . mich. . jac. where the presentee is not privy nor consenting to any corrupt contract , he shall not be adjudged a disabled person within the act because it is no simony in him — coke inst . par . . cap. . o . also it was so resolved in doctor hutchinsons case by the whole court , viz. that if a clerk be presented upon a corrupt contract within the said statute , although he be not privy thereunto , yet his presentation , admission , and induction are all void within the letter of that statute , but not within the clause of disability within the same statute p . ( . ) the contracts which are commonly held corrupt and simoniacal , may be diversified almost into as many kinds as transferences and proprietary negotiations are capable of : but those which have been most in practice ( as appears by the cases reported in the law ) have been by way of unlawful purchasing the next advowson , by exchanges , by resignation , bonds , by matrimonial compacts , by contracts remote and conceal'd from the presentee , by obligations of an indirect nature , and the like . to the purposes aforesaid it hath been held simony for a parson to promise his patron a lease of his tithes at such a rent , in case he would present another parson into his benefice , with whom he was to exchange , albeit that other was not privy to the contract , he making the lease after q . it was likewise held simony for a father to present his son by vertue of a purchase of the next advowson , which he made in the presence of his son , a clerk , when the incumbent was not like to live by reason of a sickness , whereof he soon after died r . otherwise , in case the purchase had been made in the absence of the son , as is hereafter mentioned s . but per hutt . it was held simony to purchase the next advowson , the incumbent being sick t . the like in winchcombes case against the bishop of winchester and puleston , a case hereafter often margined on several accounts , where it was held simony in one say , who was presented upon a contract which he made with the patron ( the incumbent being then sick ) for ninety pound to present him when the church should be void u . and as to resignationbonds , sir simon degge affirms , that in the case of jones and lawrence the sense of the court was , that if a man be preparing his son for the clergy , and have a living in his disposal , which falls void before his son is capable thereof , he may lawfully take a bond of such person as he shall present , to resign when his son becomes capable of the the living ; otherwise , in case the patron take a bond absolutely to resign upon request without any such or the like cause ; as for avoidance of pluralities , non-residence , or other such reasonable design w . the like you have in babbington and wood's case hereafter mentioned . so that it seems bonds and obligations given and taken upon just and honest grounds to resign are not in themselves simoniacal ; otherwise , where ther 's is corruption in the case , accompanied with some subsequent act in pursuance thereof . and although presentations made upon simoniacal bonds and obligations are void in law , yet such bonds themselves , though corrupt and simoniacal are not made void by the statute of eliz. x . ( . ) b. brought action against c. upon an obligation , the condition whereof was , that whereas the plaintiff did intend , and was about to present the defendant to the benefice of stow , if the defendant at the request of the plaintiff should resign the same to the hands of the bishop of london , then the obligation to he void . the defendant demanded oyer , and demurr'd , and adjudg'd for the plaintiff , for the resignation might be upon a good intention to prevent pluralities , or some other cause , and it shall not be intended simony , if it be not specially pleaded and averr'd ; and mich. . and . eliz. between jones and lawrence it was adjudg'd accordingly , and affirmed an error , which the court viewd , and thereupon judgement was given for the plaintiff a . ( . ) the plaintiff declared , that the rectory of st. peters infra turrim london was void , and that the defendant in consideration that the plaintiff would bestow his labour and endeavour to cause or procure him to be rector of the said rectory , promised to give him twenty pounds ; and that after the said plaintiff procured him to be rector by the kings commission , and notwithstanding that he had requir'd him to pay the said twenty pounds , &c. and thereupon he brought his action upon the case in the court of the tower of london , and upon non assumpsit , it was found for the plaintiff , and judgement was there given , upon which the defendant brought error , and una voce all agreed that the judgement was erroneous , for the consideration was simoniacal and against law , and not a good consideration , therefore the assumpsit was not good , the judgement was revers'd ; the atturney said , that that court was a court-baron , as appears by a record in the time of king henry the sixth b . ( . ) if a. be obliged to present b. &c. and he presents by simony , yet the obligation is forfeited c . or if one contract with the patrons wife to be presented for money , and is accordingly presented by her husband , it is simony within the stat. of eliz . and makes the presentation void d . for the contract of the wife is the contract of the husband e . likewise if the patron present one to the advowson , having taken an obligation of the presentee , that he shall resign when the obligee will after three months warning , this is simony within the stat. of eliz. cap. . per curiam f . also if one promises to a man that hath a mannor with an advowson appendant , that if he will present him &c. after the then incumbents death , he will give him such a certain sum of money , and the other agree thereto , and that by agreement between them the next avoidance shall be granted to b , &c. who after the then incumbents death presents accordingly ; this is simony because there was a corrupt contract for the advowson g . for although the next avoidance may be bought and sold bona fide without simony , yet if it be granted to one to perform a corrupt contract for the same , it is otherwise h . but if the father purchase the next avoidance , and after the incumbents death presents his son , this is not simony i . yet by hob. chief justice it was held , that if in the grant of the next avoidance it appears that it was to the intent to present his son or his kinsman , and it was done accordingly , it is simony k . likewise if a mans friend promises the grantee of the next avoidance a certain sum of money , and so much certain per annum , if he will present b. to the church , quando , &c. and b. not knowing any thing of the contract be presented accordingly , this is simony l , for if a stranger contract with the patron simonaically , it makes the presentation void m . ( . ) a patron took an obligation of the clerk whom he presented , that he should pay ten pounds yearly to the son of the last incumbent , so long as he should be a student in cambridge unpreferr'd ; this is not simony ; otherwise , if it had been to have paid it to the patrons son. per cur. n . an obligation was made by a presentee to a patron to pay five pounds per an. to the late incumbents wife and children ; the parson kept and enjoyed the parsonage , notwithstanding great opposition to the contrary o . ( . ) a parson preferr'd his bill for tithes , the parishioner pleaded that he was presented by corruption , &c. and by simony , and a prohibition was granted , notwithstanding the parson pleaded pardon of the simony by the king ; and it seem'd , that it was now triable by the common law p . the church may be full or void in effect , when there is a simoniacal incumbent ; yet to say the church was full for six months is no plea , when he was in by simony ; for a quare impedit may be had by the rightful patron after the six months against the incumbent of an usurper , that is in by simony q . and the death of a simoniacal incumbent doth not hinder but that the king may present , for the church was never full as to the king , and that turn is presented to the king by force of the statute r . ( . ) in the stat. of eliiz . there is no word of simony , for by that means then the common law would have been judge , what should have been simony and what not s ; by which law the simoniack is perpetually disabled t . and a covenant to present such a one , made under any consideration whatever , be it of marriage or the like , may be simoniacal ; but if a father in law upon the marriage of his daughter , do only voluntarily and without any consideration , covenant with his son in law , that when such a church , which is in his gift falls void , he will present him to it ; it hath been held , that this is no simony within the said statute u . ( . ) a simoniacal usurper presenting shall not prejudice the rightful patron , by giving the king the presentation w . the proof of simony will avoid an action of tithes commenced by a simoniack parson x ; who dying in possession of the church , the king loses not his presentation y , because the church was not full of an incumbent ; but remains void though the simony or penalty thereof were pardoned ( y ] . lastly , all corrupt resignations and exchanges of ecclesiastical livings , are punishable with the forfeiture of double the sum given and received , both in giver and taker , by the said statute , but it seems this works no avoidance or disability in the publick person . ( . ) the patron of an advowson before the statute of . eliz. for simony , doth sell proximam advocationem for a sum of money to one smith , and he sells this to smith the incumbent : after which comes the general pardon of the queen , wherby the punishment of smith the incumbent is pardoned , and of smith the patron also . if the incumbent may be removed was the question : williams said that the doctors of the civil law informed him , that the law spiritual was , that for simony the patron lost his presentation , and the ordinary shall present , and if he present not within six montehs , then the metropolitan , and then the king. spurling serjeant , this punishment cannot discharge the forfeiture , although it dischargeth the punishment . glanvil contra ; and said that this point was in question when the lord keeper was atturney , and then both of them consulted thereupon , and they made this diversity , viz. between a thing void and voidable , and for simony the church is not void until sentence declaratory , and therefore they held that by the pardon before the sentence all is pardoned , as where a man committs felony , and before conviction the king pardons him , by this pardon the lord shall lose his escheat , for the lord can have no escheat before there be an attainder , but that is prevented before by the pardon : and so here this pardon prevents the sentence declaratory , and so no title can accrue to the ordinary . walmsley contra : if patron be charged by the sentence , he may plead the pardon . but if a quare impedit be brought by a third person , the pardon of the king shall be no barr to him , for the title appears not to him , but only the punishment . anderson , they may proceed to sentence declaratory , notwithstanding the pardon ; for the pardon is of the punishment , but the sentence extends not to that , but only to declare that the church is void . glanvile , in . eliz. a man was deprived of his benefice for incontinency , and after he was pardoned and restored . walmsley , i doubt much whether the king can pardon simony . and williams said , that the proctors of the civil law said , that neither the pope nor the king could pardon simony quoad culpam , but onely quoad poenam they may : and the court at last said , that if the parties would not demurr , they would hear the doctors on this matter z . ( . ) in calverts case against kitchin and parkinson in the exchequer , where k. not knowing of any simoniacal agreement was presented , instituted , and inducted to the church of d. and this after the statute of . eliz. cap. . and this presentation belonging to the queen by reason of this presentation for simony by force of the said statute , the queen presented one b. and before that b. was admitted and inducted the queen died ; whereupon the king presented c. without any recital or mention of the presentation made by the queen , and without any revocation actually made of the said first presentation , and thereupon c. is admitted and instituted ; and for tithes as parson he brought trespass . in this case one of the points in question was , if within the said statute here be simony in the patron , and not in the parson , if this ought to prejudice the parson or not ? in this point hitchcock conceived , that although the presentee in this case , was not party to this corrupt agreement , yet he shall be prejudiced by it , although not so prejudiced thereby , but that he may be capable to be presented again to the same benefice , but hac vice the presentation of him is void ; for as littleton saith , the presentee ought to accept the parsonage subject to such charges as the patron pleaseth , who in the time of vacation hath power to charge it , and so by his act had made it subject to the forfeiture , and therefore the person who cometh under him shall be prejudiced , &c. damport to the contrary ; the patron and a stranger corruptly agree to present k. whereupon he is presented ; if this shall be void against k. is the question . to this he said that at the common law , if one be simoniacally presented , yet this is not void until the presentee be deprived ; and if before the said statute such a corrupt presentation had been made , the incumbent and ordinary being free , then no presentation should ensue ; and he vouched the saying of lindwood to be accordingly ; but if money be given by the friends of the presentee , and after the king had notice thereof , and assent , then it is not punishable , but pardonable at the discretion of the king ; and now by him the statute provides no punishment for the parson , when the patron onely consents to the simony ; for he observed that after the said stat . of . eliz. had appointed a punishment for the patron , then in the last part of this branch , the words are , the persons so corruptly taking , &c. shall be incapable of the benefice aforesaid ; and so it seemeth , that the intent of the statute is not to punish any party , but he that is to the simony , and this is also explained to be so , by other clauses in the statute , for another clause inflicts punishment upon the ordinary , if there be any corruption in him , and another clause inflicts punishment upon him who is party to a corrupt resignation , and so in all the clauses , those only who are partakers of the crime shall be punished , &c. and in this case was no agreement assented unto by the parson ; and this diversity also seems to be good , that if a. hath the presentation , and b. the nomination to a benefice , and the presentor upon a corrupt agreement , makes a presentation unknown to the nominator , here the nominator shall not be prejudiced within this statute , &c. in this case bromley baron declared his opinion , that the intent of the statute was to eradicate all manner of simonies ; and therefore the words are not if any man give money to be presented , but they are if any present for money , and the jurors here found l. to be given , and nothing for what it was given , or to whom it was given , for if money be the meed , a presentation is void , and therefore if i. s. be patron of the church of d. which is void , and a stranger saith to me , procure the presentation for a. and you shall have l. and he procured a. to be presented ; here if the patron had notice of the money given to me , this presentation is void , but otherwise not : and in this case without notice of the parson , the admission and all that ensued thereupon is void , by reason of the simony in the patron ; and it is void as to the parson also ; and if in this case we are not within the words of the statute , yet we are within the intent clearly , &c. and panormitan saith , that simonia est studiosa voluntas emendi vel vendendi aliquid spirituale , vel spirituali annexum cum opere subsequente . altham baron was of the same opinion , and said that the words of the statute are , that if a presentation be made for money , it shall be void , and that the king may present that turn ; and therefore the want of privity in the incumbent is nothing to the purpose , as to the avoiding of the benefice ; but his want of privity availeth to excuse him of being simoniacus , yet he is simoniace promotus , and therefore the presentation is void , and the king shall have it by the express words of the statute ; and therefore as it seems , if in this statute there had been an express saving of the interest of the incumbent , by reason of his innocency , yet such a saving of interest had been void and repugnant , in respect that it was expresly given to the king before , as it is in nichols case in plowden upon the stat. of . h. . &c. and to prove that by the simony in the patron that the parson shall be prejudiced , he vouched . e. . fo . . — snig baron concurr'd in opinion with the former , and said that as to the point of simony by the civil law , it was punishable by deprivation , and the guilt of the patron should prejudice the parson , as to matter of commodity in the parsonage ; and at the common law if the parson will plead such presentation , he should be prejudiced , and here by the incumbency the words of the statute will not be satisfied , &c. also it seemeth that if i. s. hath an adowson , and a. purchase the next avoidance to the intent to present b. and the church becomes void , and a. presents b. this is simony by averment , as by good pleading the presentation of b. shall be adjudged void , &c. tanfield accordingly , as this case is , here is simony by the civil law , and the party had his benefice by simony , although he be not cognusant thereof . secondly , admit here was not simony by the intendment of the civil law , yet the statute hath made an avoidance of the benefice in this case , although it be not simony , for the statute speakes not one word of simony throughout the act , and yet by express words it doth avoid such presentations as this is ; and as to the civil law such benefice is to be made void by sentence declaratory , but it is not void ipso facto , as it seems in the case where a common person was consenting to the simony , but the text of the civil law says expresly , that the church ought not to be filled corruptive , or by corruption , and the civil law expresseth such a person as in this case by simoniace promotus , and calls him who is particeps criminis , simoniacus , and he who is simoniacus , is by the civil law deprived not only of the benefice ipso facto , but also is deprived to be a minister , and adjudged guilty , in culpa & poena . petrus benefieldus saith , that if a friend give money to a patron , to make a promise to him &c. and the incumbent pays it , such an incumbent is simoniacus by the civil law ; and so if the incumbent pay the money not knowing it till after the induction , yet he is simoniacus ; and by him if a friend give money , and the parson is thereupon presented , though the parson knew not of the money given , yet he shall be deprived of the benefice ; and this difference was certified by anderson and gawdy to the council-table upon a reference made to them by the king , touching the filling of benefices by corrupt means ; and the statute of purpose forbears to use the word simony , for avoiding of nice construction in the civil law as to that word , and therefore the makers of the act set down plainly the words of the statute , that if any shall be promoted for money , &c. so that by these words it is not material from whom the money comes ; and then in such cases for the avoiding of all such grand offences a liberal construction ought to be made , as hath been used in such cases , &c. for which and many other reasons mentioned in this report , he commanded judgment to be entred for the plaintiff a . ( . ) sr. george cary being seised of an advowson , granted the next avoidance to his second son , and died ; and after the son corruptly agreed with i. s. to procure the said i. s. to be presented to this benefice , and the second brother knowing thereof ; it was agreed that for the perfecting of the agreement , the second brother should surrender his grant and interest to the elder brother , which elder brother not knowing of the said corrupt agreement , presented the said i. s. who was instituted , &c. all shall be void , for he is here presented by reason of this corrupt agreement between the patron who then was , and the parson , and the elder brother was only used to convey a bad gift by a good hand , and all had reference to the corrupt agreement , with the assent of the patron who then was b . ( . ) the king brought a quare impedit against the archbishop of canterbury , sr. john hall , and richard clark , for the church of m. and declares that richard white was seised of the mannor , to which the advowson belonged . and the . jac. by indenture , he covenanted to stand seised to the use of himself and his wife for their lives , and to the heirs of richard white . and after white presents one boynton , and dyes , and his wife marries with sr. john hall , who the first of june . . jac. by deed grants proximam adocationem to two , to this intent , that he might receive of such a parson , that he presented , all money as should be agreed between grantor and grantee : and that this was done bointon lying in extremis . and then the . jan. . jac. there was a corrupt agreement between sr. john hall and one of the grantees , that for l. to be paid by the clerk blundell , that the other grantee should present him . and the first of february blundel pays sr. john hall the money , and the second day he was presented , instituted and inducted accordingly . and that upon this it appertained to the king to present : the bishop pleads but as ordinary : sr. john hall makes a title , and traverses the corrupt agreement . the incumbent pleads by protestation that there was not any corrupt agreement , as it was alledged , and not answers whether the money were paid or not ; but that he is parson imparsonee of the presentment of — but . jac. after such an agreement ( scil . ) . febr. he was presented by the letters patents of the king to his church , and never answers to the simony . and it was held by the court to be naught ; and only pleaded to hinder the execution before the justices of assize , if the trial went against the patron c . and further in that case between hall and blundell it was said by davenport , that this parson being presented by simony is disabled to this church for ever , and cannot be presented to this church again ; as it was adjudged in the lord windsors case . but it was said by richardson if he had said , absque hoc , that he was in ex presentatione of &c. it had been good enough which was granted . henden , two exceptions had been taken . ( . ) that the incumbent doth not shew what estate or interest the king had to present him ; which doth not need , if the king brought a quare impedit , then it is a good answer to say , that he is in of his presenting . but if it be brought by a stranger , then he ought to shew the title in his presentment . and he alledged the statute of . e. . which enables the incumbent to plead by writ of the law. . eliz. there was a quare impedit brought for the church of danell ; a presentation by the king was pleaded , without making a title , and it was admitted good . and in many cases it is more safe not to make a title . ( . ) because that he pleaded a presentation by the king he is disabled . as to that he said , that before he be convicted of simony , he may be presented . but by crook in sathers case , that if he be presented before conviction , yet it is a void presentation . and it was so agreed by the court , and they resolved the plea was nought , because he answers nothing to the simony ; for the protestation is not any answer : wherefore judgment was given for the plaintiff d . ( ) f. libels in the ecclesiastical court for tithes , and a prohibition was prayed upon a suggestion that he came to the church by simony . by the court , a prohibition ought to be granted upon a surmise only , that he came to the church by simony . then honden shewed , that it was found by verdict in the kings bench , that he came in by simony ; and upon that verdict there was a decree in the court of wards accordingly . and then the court inclined to grant a prohibition . and the case here was , that f. being convicted of simony , the king presents clapthorn , who was admitted instituted , and inducted : and afterwards he takes another benefice above the value of l. by which the other was void . yet by the assent of the lord windsor patron , f. continued possession . and by richardson , he cannot be any way removed until lapse incurr e . ( . ) it was said by the court in sr. paschall's case against clark upon evidence , that if the patron present one to the advowson , having taken an obligation of the presentee , that he shall resign when the obligee will after three months warning , that that is simony within the statute of . eliz. cap. . f . ( . ) a. scised of a mannor with an advowson appendant : s. comes to a. and promises that if he would present him , &c. after the death of the now incumbent , he would give him seventy pounds , to which he agreed . and upon that it was agreed between them , that the next avoidance shall be granted to b , &c. the incumbent dies , b. presents s. who continues lacumbent from eliz. until the th of king james , than a. grants the mannor cam pertinent . to winchcombe in fee , s. the incumbent dies , jac. and the king presents pulleston by the title of simony : and winchcombe brought a quare impedit , and adjudged that it doth not lie . in which case two points were resolved . ( . ) that that is simony ; first , because there was a corrupt contract for the advowson : note , that in the stat. of eliz. there is not word of simony ; for by that means then the common law would have been judge , what should have been simony and what not . secondly , although that the prochein avoidance might be bought and sold bona fide , without simony , yet it was so granted to b. to perform the corrupt contract , jac. was vouch'd , that it the father purchas'd the prochein avoidance , and presents his son after the death of the incumbent , that is not simony , and that it was accordingly judged in and eliz. it was smith and shelborns case . but by hubbard , that if in the grant of the prochein avoidance it appears that it was to the intent to present his son or his kinsman , and it was done accordingly , that is simony . in the th jac. in the exchequer calvert against parkinson . the cosin of c. being clerk comes to the grantee of the prochein avodance , and promises him twenty pounds , and twenty pounds per an . if he will present c. to the church quando , &c. c. not knowing any thing of the contract , is presented accordingly . this is simony . fortiori in this case where s. himself who was to be presented , was party to the first motion of the contract for presentation . ( . ) it was resolved , that the death of the simoniacal incumbent doth not hinder but that the king may well present , for the church was never full as to the king , and that turn is preserved to the king by force of the statute , yet it seems the church is so full that a stranger may not present for usurpation ; for it is not like rep. . where the king is to present by lapse . and there are many cases wherein the church may be full or void in effect , when there is a simoniacal incumbent . hubbard said that if a. be obliged to present b , &c. and he presents by simony , yet the obligation is forfeited , &c. the rightful patron may have a quare impedit after the six months against the incumbent of an usurper , that is in by simony . and by the court , to say the church was full for six months , is no plea , when he is in by simony . warburton and hutton cited doctor hutchinsons case eliz. a parson preferrs his bill for tithes , the parishioner pleads that he was presented by corruption , &c. and by simony , and a prohibition was granted , notwithstanding that the parson pleaded pardon of the simony by the king , and it seem'd that it was now triable by the common law. note h. . . and mich. . and eliz. gregory against ouldham . in debt upon an obligation to perform certain covenants , which in truth were simoniacal contracts , and the plaintiff recovered , for it was said that that obligation is collateral , and the law does not at all look upon or take notice of the simony , eo nomine , for it is not once named in the statute , but only corrupt giving , &c. g . ( . ) in debt upon an obligation , it was said that it was made upon a simoniacal contract for presentation to the church , with the cure of souls ; and so it was for simony . all that was averr'd the court held to be matter debors , and not appear'd within the deed ; and for that the plaintiff had judgement . for no such averment is given by the statute h . note , the statute doth not make the bond , promise , or covenant void , but the presentation . and so adjudged , pasch . . eliz. rot. . c. b. case of gregory against oldbury . co. inst . par . . cap. . ( . ) if an innocent incumbent be in by a simoniacal contract , to which he was no way privy , he is not simoniacus though simoniace promotus ; and as he is not simoniacus , so neither perjurus , for simony seldom goes without some kind of perjury . an action was brought upon eliz. for perjury before one of the masters of chancery , who had power to take an oath . adjudged quod nihil cap. per breve . and the reason was , because he does not shew that the oath was in court. by whitlock they were called masters of chancery , because they were priests and clergy-men in ancient time : and that was the reason that the lord chancellor had the disposal of the petty offices of the king , for the preferment of these clerks : that was also the reason that they could not marry until they were enabled by the stat. &c. i . ( . ) parson l. was convented before the high commissioners , and they would put him to his oath touching simony ( supposing it to be committed by him . ) and a prohibition was granted , that none shall be compelled to accuse himself upon his oath ; where he is to incurr a temporal punishment at the common law , or a temporal loss as in that case of his church : so for vsury . note dyer . in the margin . and cook chief justice , vouch'd eliz. smiths case , an atturney of that court. the high commissioners would put him to his oath , for hearing mass . and a prohibition was granted : for by that he is to lose one hundred pounds by the staute , and a prohibition was now granted by the court k . ( . ) if a stranger , having no title , present per tort , to a church ( being void ) simoniacally , and six months pass , yet the true patron may after present , for the statute hath made such presentation , institution and induction void , and so he is no incumbent , nor is the church full l . likewise , if a man be presented , instituted , and inducted by simony to a church , although it be void as to the king , and as to the parishioners , yet it is not void as to an usurper , for he that hath no right shall not present thereunto m . ( . ) to avoid the detestable sin of simony , because buying and selling of benefices is execrable before god ; it is therefore ordained by the injunctions of king ed. . an. . that all such persons as buy any benefices or come to them by fraud or deceit , shall be deprived of such benefices , and be made unable at any time after to receive any other spiritual promotion . and such as do fell them , or by any colour do bestow them for their own gain or profit , shall lose the right and title of patronage , and presentment for that time , and the gift thereof for that vacation shall appertain to the kings majesty n . ( . ) the oath of simony is as followeth , viz. i. a. b. do swear that i have made no simoniacal payment , contract , or promise , directly or indirectly by my self , or by any other to my knowledge , or with my consent , to any person or persons whatsoever for or concerning the procuring or obtaining of the rectory or vicarage of a. in the diocess of london . nor will at any time hereafter perform or satisfie any such kind of payment , contract , or promise made by any other without my knowledge or consent . so help me god , &c. ( . ) p parson of r. in the county of w. sued for tithes in the ecclesiastical court before the ordinary , and the defendant here pleads that the same parson was presented upon a simoniacal contract , and for that his presentation , admission , and institution was void , by the stat. of eliz. the simony was for that it was agreed between the said parson and another that was brother to the bishop of l. and c. who was patron of the same church ; that if he should procure three several grants of three several next avoidances , to them severally granted , to surrender their said several grants , and procure the said bishop to present him when the church became void ( it being then full of an old parson being mortally sick ) that he would make to him a lease of parcel of the tithes of his rectory : and the brother of the said bishop procured the said grantees to surrender their several grants accordingly ( the church being then full . ) and also after when the church became void , he procured the said bishop to present him according to the first contract , and then the said p. made a lease to him of the tenths , and after sued others of his neighbours in the ecclesiastical court for tithes , who pleaded the said simoniacal contract ; and here nicholas serjeant suggested , that the judges ecclesiastical would not allow of this plea there ; but the court would not give credit to this suggestion ; but said , that if the ecclesiastical court make exposition of the statute of h. . against the intent of it , that then they would grant a prohibition , or if they should deny to allow of this plea ; and for that advised him , that his client might offer this plea another time to them , and if they denied to grant that , they would grant a prohibition . ( . ) the patron of a benefice may be sued in the ecclesiastical court for presenting his clerk ( who is also inducted ) by simony , for the statute of simony takes not off the ecclesiastical jurisdiction from punishing the party pro salute animae o . and where the parson is party or privy to the simony , he shall be perpertually disabled . also if money or other reward be given for the presentation , be it with or without the agreement or knowledge of the incumbent , yet it shall always disable him from enjoying that church p . in wilsons case against bradshaw it was said by doderidge justice , that simony is a contract either with the patron to present , or with the ordinary to institute , and if it be not one of these it is not simony by the common law ; simoniacus is he which makes such a contract or promise , and he is disabled to take any other benefice , and shall be deprived of the church in which he is : but simoniace promotus , is he whose friend ( without his privity or knowledge ) gives money to the patron or ordinary for his presentation or institution , and he shall be deprived of the benefice to which he is corruptly promoted , but not incapable of any other , nor of that , if he shall have it duely again ; and every corrupt contract for aright to present , is simony q . ( . ) in a prohibition , the case , a. seised of the advowson of the church of b. the church being void : c. before the general pardon . eliz. contracted with him for the avoidance , who for l. granted it to him ; and he by colour of this grant presented his brother to the avoidance : this was held to be simony in the grantee the incumbent , although he was not privy to the simony at the first ; and simony was there defined to be voluntas sive desiderium emendi vel ven dendi spiritualia vel spiritualibus adhaerentia vel anxa r . or thus viz the church being void , b. contracted with the patron for l. to have the presentation , and thereupon presented w. his brother , who knew nothing of the simoniacal contract , till after his induction , notwithstanding he was deprived in the ecclesiastical court , because he was simoniace promotus ; and it was held in this case , that if an usurper present by simony , the clerk is punishable in the ecclesiastical court for the simony , although the patron doth recover the advowson and the presentation . ( . ) in the case between the king and the bishop of norwich , and saker , and cole , it was said by coke chief justice , that if a church be void , and a stranger without the privity of the after-incumbent , procures the patron to present him upon a simoniacal contract , although that the alter-incumbent be not privy to the contract , yet he comes in by simony ; and so it is , where the incumbent makes simoniacal contract with the friend or wife of the patron , and the patron knows not thereof , and the incumbent be presented by the means of him with whom the contract was made , it is simony within the statute of eliz. and the king shall present . ( . ) a man who was presented by simony , libelled in the ecclesiastical court for tithes . the question was , whether the simony should be tried in the ecclesiastical court , or by the common law ; the point was not resolved . note there simony is defined to be studiosa voluntas emendi vel vendendi spiritualia vel spiritualibus annexa — and it is either mentalis vel conventualis , of both which the ecclesiastical law may judge , but the temporal court only of conventual simony . ( . ) in sir william boyers case for a prohibition to the high commission court , for their examining there upon oath in case of simony , it was said by coke chief justice , that simony is worse than felony , it is an enormous offence , if money be paid , for to present one to a benefice , although it be not paid to the patron , neither had he any knowledge of it , yet the incumbent for this shall be avoided , and the patron also shall lose his presentation pro hac vice . the statute of eliz. cap. . is so strongly penn'd against the incumbent , that if the patron be privy unto it , he shall also be punished : an action of debt was brought in the c. b. the defendant in barr pleaded , that the same was entered for payment of money for simony ; yet the bond was held good ; and we are not to take any notice of simony , this being punishable in the ecclesiastical court , and if they there meddle only pro salute animae , they are not then to be prohibited ; otherwise it is , when they will there examine the person upon an article tending to the title of the patronage , there , in such case a prohibition lies . ( . ) in case of the king against zakar and others , it is said that if one be presented by simony , and the same person afterwards obtain a presentation from the king , this is not good , for he is now a disabled person to take this benefice , he hath a leprosie upon him by the statute of eliz. cap. . like unto that of gehazi . and coke chief justice there declar'd , that notwithstanding the king saith , that the said incumbent shall still continue , yet the king shall have the next presentation . ( . ) the lord winsor seized of an advowson , granted the next avoidance thereof to doctor g. the church void , r. f. the father of h. f. dealt with doctor g. to permit the lord winsor to present h. f. who know not of the agreement , who was presented , instituted , and inducted accordingly . resolved , that this was simony , and that the king was to present by the statute of eliz. the king presented j. s. who was instituted and inducted . r. f. the father sued j. s. before the high commissioners for misdemeanors , and procured him to be deprived , and ten days after procured a grant of the next avoidance to j. n. and after the deprivation within ten days procured the said j. n. to present the said h. f. &c. resolved , that the said presentation of the said h. f. was meerly void , and that he was a person disabled by the express words of the statute to accept of that benefice . ( . ) for a prohibition upon a suit for tithes , supposing the parson had come in by simony , and thereby the church void , and the tithes not belonging to him : it was resolved by the court , a prohibition did not lie , for that simony might more aptly be tried in the ecclesiastical court. ( . ) the incumbent of a church being sick , the father contracts with the patron in the presence of his son , for the next avoidance for the son , and agreed to give him one hundred pounds . the grant is made , the incumbent died ; the son is presented ; instituted , and inducted ; being sued for simony in the ecclesiastical court , he prays a prohibition , and alledges the general pardon eliz. which is after the institution and induction , wherein simony is not excepted : in this case it was resolved . ( . ) that although the pardon discharges the punishment of simony , yet he may be examined of it by the ordinary , and deprived for it : but it was ( ) resolved in this case , there was no simony , for the father might buy the next avoidance and present his son , and it is not simony in any to buy an advowson ; therefore the prohibition was granted . ( . ) in debt upon an obligation to perform covenants . that t. b. son of w. b. should marry a. the defendants daughter : in consideration of which marriage , the defendant amongst other covenants , covenanted , that he would procure the said t. b. to be presented , instituted , and inducted into such a benefice , upon the next avoidance of the church , and the breach was assigned , for non performance of the said covenant , in procuring him to be admitted , instituted , and inducted : it was demurred to by the defendant , because the covenant is against law , being a simoniacal agreement , and a bond for performance thereof is not good . resolved , it it had appeared to have been , that in consideration of the marriage , of his son , he would procure him to be admitted and instituted into such a benefice , that had been a simoniacal contract , and had avoided the obligation ; but here this covenant is not in consideration of the former covenant , nor depending thereon , but it is a meer distinct covenant of it self , and independent upon the former ; and without a special averring or shewing that it was a simoniacal contract , it shall not be intende , but it may be a covenant upon a good consideration . and it was adjudged for the plaintiff . ( . ) in the forsaid case of the king against zakar alias secker and others , it was said by coke chief justice , that it is put for a rule in green's case , that if one presents simaniace to a church of the kings , and the king afterwards presents , jure simaniace , this is a void presentment , because he hath mistaken his title , but he ought to present jure patronatus , not ratione simoniace presentatus . and as to the disability of a simoniacal person by the state of eliz. cap. . four things are to be observed upon this statute . ( . ) the presentation to be void . ( . ) the king to have this presentment . ( . ) a fine to be imposed by way of forfeiture . ( ) the party presented to be utterly disabled . for where there is matter of simony , if there be fraud in the incumbent , or if money be given for the presentation , though it be unknown to the incumbent , to this let the patron look ; the incumbent shall be removed . in this case the whole court agreed clearly in this , that the person party presented by simony , the presentation is meerly void , and that the so presented is utterly disabled for ever by the statute of eliz. c. . to take the same benefice , to which he is presented by simony , and that he is incapable to have another presentation to the same benefice . ( . ) the words [ present or collate ] in the stat. of eliz. c. . are not intended ( says the lord coke ) onely where the person presenting or collating , hath right to present or collate , but also where any person or persons , bodies politick or corporate , do usurp and have no title to present or collate ; and that so it was adjudged in case where the usurpation was to a church of the king. sed quando praesentatio & jus poetronatus sunt temporalia quaeritur quomodo sit simonia per donum pecuniae pro illis : respondendum est , quod jus patronatus & praesentatio dicuntur spiritualia , vespectu rei , ad quam praesentatur , quae spiritualis est . vide lindwood . cap. de jurejurando . fo . . he says further , that there is a diversity between a presentation or collation made by a rightful patron and an usurpur . for in case of a rightful patron , which doth corruptly present or collate , by the express letter of the statute the king shall present : but where one doth usurp , and corruptly present or collate , there the king shall not present , but the rightful patron : for the branch that gives the king power to present , is onely intended , where the rightful patron is in fault ; but where the rightful patron is in no fault , there the corrupt act and wrong of the usurper maketh the benefice , &c. void , but taketh not away the lawful title to present from the rightful patron and so it was adjudged mich. . jac. in quare impedit , between the king & the bishop of norwich , tho. cole , and rob. secker , for the vicarage of haverel in suffolk . ( . ) the canon law looks upon simony as a kind of heresie , imò simoniacos veluti primos & praecipuos haereticos : rebuff de simon . in resign . nu . and excommunicates all simoniacks to that degree as not to be absolved but by the pope himself , nor by him till at the point of death . — extra . cum sit detestabile de simonia . and are ipso jure deprived of that benefice wherein the simony was committed : — extr . ibid. and this holds true as well where the simony is only coventional or by compact , as where it is real & per pecuniam numeratam ; albeit there are some d d. who will not agree that a meer conventional simony should incurr a deprivation , although they contest it not as to the real simony , viz. cum aliquid datur . cassad . in decis . . de const . but in the council of constans ( touching this matter ) there is nothing said de datione as to deprivation , but only to as excommunication ; whether therefore it be a conventional or a real simony , a presentation or collation in consequence of either , is ipso jure void and null according to that law. rebuff . ubi sup . nu . . it is worth an asterisk to observe , what an excellent exposition rebuffus the canonist to this purpose makes on matth. . . ( possibly more like a lawyer than a divine ) he says , that by the sellers of doves , is there meant , such as endeavour to make sale of the sacred imposition of hands : and by the money-changer are intended such as sell ecclesiastical benefices : and pleasing himself in this conceit , breaks out into a peice of eloquence , viz. nusquam reperitur ( quod sciam ) dominum tanta severitate , tam districta censura justitiae peccatores corripuisse , non solum eloquio increpans , verum etiam facto flagello de funiculis verberans omnes eliminavit de templo ; and thence most infallibly inferrs , that our lord and saviour jesus christ the redeemer of mankind , did cast out of the temple all simoniacal persons , and such as sell and make merchandize of ecclesiastical benefices . — rebuff . de elect. derog . lit . d. in verb. nonnullae . ( ) this most detestable evil of simony , may possibly ( though rarely ) be found in ordinations ; yet is most frequently negotiated in presentations ( roman elections and postulations ) collations , resignations , and permutations of ecclesiastical benefices . it is supposed that it hath it's denomination from simon magus for these three reasons , ( . ) because he was the first , that in the new testament we meet with , that was ever infected with that crime . ( . ) because he was the superlative offender in this kind above all others that were anciently guilty thereof , for ( as augustine saith ) he would buy the holy ghost on purpose to sell the holy ghost . but those that went before him sold only some created spiritual thing , as balaam would have sold his prophesie ; and gehazi servant to elisha , that health which he obtained from a divine power for naaman the syrian . ( . ) because simon seemed obstinately to persist in supposing this thing to be lawful , and so therein he thence became an heretick , and as such is generally condemned by the fathers . the definition which panormitan makes of simony seems defective according to lessius and other modern authors ; panormita defines it as aforesaid ) to be studiosam voluntatatem emendi vel vendendi aliquid spirituale , vel spirituali annexum , opere subsecuto . but to make the definition adequate to the thing , there should be added to it ( pretio temporali ; ) for it is supposed , that if one spiritual thing be given for another , in that case it is not properly simony , because the turpitude of this evil consists in this , that spiritual things , which in their own nature are inestimable , are here estimated at a carnal , humane , or temporal price , which value or price the law makes threefold , viz. pretium muneris , as money or ought else that may be sold for money : pretium linguae , as undue and undeserved praise , or immoderate flattery : pretium obsequii , as some service done , or to be done for the patron in matters temporal ; or as when a chaplain serves a bishop domestically without any stipend or salary , or remitts it on purpose that a benefice may be bestowed on him ; which by the express letter of the canon law is no other than simony . c. sunt nonnulli . . q. . so likewise as to the pretium linguae , that law is express against it , that rogans pro indigno ut beneficium obtineat , simoniam committit ; dict . c. sunt nonnulli . &c. tuam , de aetat . & qualit . as to that mental simony which navarr . cap. . nu . . and cajetan also , verb. simonia , and others would have to be one member of the distinction thereof , it seems to be wholly rescinded by the two last words of the definition , opere subsecuto . it is also the more received opinion among the dd. that to resign a benefice into the hands of the ordinary in favour of a third person , with this clause ( non aliter nec alias ) is simony ; the reason they give is , quia omnis pactio in spiritualibus simoniam continet . cap. fin . de pactis . & cap. ex parte . . de offic. deleg . to conclude , the canon law in this point of simony is of a farr wider extent than the practice with us is capable of comprehension ; remembring therefore we are in an abridgement , we may abuse the reader in perplexing him with exotick questions in reference to this subject , as whether every sale or exchange of spirituals for temporals be simony ? whether an exchange of spirituals for spirituals be simony ? whether there be any simony jure humano , and by what contracts it may be discerned ? whether the pope may be simoniacal . q. whether it be simony to give money for the sacrament upon a death-bed ? whether it be simony in the ordinaries or their officials to take money for letters of ordination under seal ? whether it be simony in ecclesiasticks to take money for sermons or theological doctrines ? whether it be simony to resign a benefice reserving a pension out of it ? whether it be simony to resign or bestow a benefices upon trust or confidence ? with diverse other such questions in the canon law , relating to this subject , the solutions whereof are not of any moment to us who are out of the pope's diocess . chap. xl. of blasphemy and heresie . . what blasphemy is , and whence so called . . the several punishments inflicted on blasphemers . . how may ways blasphemy may be . . what heresie is ; a conjectural derivation of that word heresie , it is threefold . . what shall he accounted heresie ; what the lollards of old were , and why so called . . in whom the jurisdiction of heresie properly resides . . a heretick convicted , and so persisting , whether according to law combustable ; the reason of that severe law ; heresie is lepra animae . . an alphabetical black catalogue of hereticks ; their errors , heresies , and blasphemies ; and the times wherein they pester'd the world. . a catalogue of jewish hereticks , but not in any alphabetical manner as the former . ( . ) blasphemia , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quod laedat famam . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is as it were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to hurt anothers same or reputation : suidas interpreteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one who injureth god with contumelious words , which is when men detract from god the honour due unto him , or attribute any evil to him . blasphemare , est tacite vel expresse , verbo vel scripto , contra deum aliquid contumeliosum dicere . navar. cap. . nu . . blasphemia est injuriosa in deum locutio , vel contumelia in deum verbo irrogata . less . lib. . de blasph . this is cognizable in the ecclesiastical jurisdiction , and by the . canon of the ecclesiastical constitutions of the church of england , is among other notorious crimes to be certified into ecclesiastical courts by way of presentment , in order to punishment according to law. ( . ) this crime of blasphemy was so odious to the emperor justinian , that he ordained , that the blasphemer should undergo ultimum supplicium , be punished by death , for he made it capital . auth. ut non . luxur . coll. . by the ecclesiastical laws of keneth king of scots . an. . it is provided , that he that blasphemeth shall have his tongue cut out a . blasphemy is speaking treason against the heavenly majesty , the belching out of exercrable words against god , whereby the deity is reproached . baldus says that blasphemy is a kind of heresie . bald. in l. qui accusationem c. qui accus . non posse . for which a lay-man is anathematized by the church of god , and a clerk deposed from all ecclesiastical orders . can. si quis per capillum . . q. . the canon law seems not severe enough in the punishment of this crime , probably for that they of the roman church do hold , that there is a blasphemy against saints , and blasphemia dei vel sanctorum hath but one and the same punishment with them , and that is a solemn and publick penance if the blasphemy were publickly committed . extra . de maledict . c. statuimus . and that the world may know how they abominate this sin of blasphemy , they put the question and demand , whether any priest inferiour to a bishop , can absolve a man from this sin ? for answer they distinguish and say , that if the blasphemy be publick and notorious , it cannot be absolved but by a bishop : but if it were only private and occult ( non in platea , nec in camera multis audientibus ) then every priest may absolve it . ant. de pae . & re . si episcopus . lib. . steph. de gaeta repet . in c. ad limina . . q. . nu . . aquinas reckons it among the mortal sins . ( . ) lindwood in his provincials says , that that is blasphemy quae dicitur irreligiosa reprehensio , detractio , vel vituperatio , but ( says he ) to speak properly and strictly , blasphemare , est deo injuriam irrogare , which may be done three several ways , ( ) . aliquid attribuendo quod deo non convenit . ( . ) ab ea removendo quod deo convenit . ( . ) creaturae attribuendo illud quod est proprium deo . lindw . de offic. archipr . c. . verb. blasphemia . in the primitive times this sin was punished by a delivering the offender over unto satan , which was an ecclesiastical censure by the greater excommunication , whereby the offender became unto others as an heathen and a publican . mat. . . and whereby he is dissiranchised of all the priviledges of the church . ( . ) touching heresie , there are various conceptions as to the derivation of that word ; some are of opinion that the word comes from ( error and rectus ) and that from thence comes [ haereticus ] that is , errans à recto sive rectitudine fidei catholicae . l. . in sin . c. de haeretic . others will have the word heresis to be from [ heriscor ] that is [ divido , ] and thence heresie to be divisio ab unitate fidei . azo . sum. c. eod . tit . others will have it to be from [ haereo & error , ] thence haeresis , quasi adhaesio erroris , and haereticus , quasi adhaerens errori , for error of it self doth not make an heretick , but adhering to an error doth . lindw . de haeret. c. . and others there are , who do conceive that the word [ haeresis ] dicitur ab electione , because an heretick doth chuse to himself that opinion which he thinks is best for himself b . and he that inclines to this opinion , seems to be least in an error , for haeresis is from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 optio , vel electio , secta , ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eligo . heresie is an opinion repugnant to the orthodox doctrine of the christian faith , obstinately maintain'd and persisted in by such as profess the name of christ . that heresie which is commonly called haeresis univorsa , or heresie in sensu largo is threefold , and doth consist either in a mans heart , or in his mouth , or in his works . under the first of these are comprized all such as are christians only by name , but not so in truth and in deed : under the second are comprehended all vain swearers , covenant-breakers , and indevout approachers to god in his worship : under the third are contained all hypocrites , whose counterfeit devotion without any sincerity in the heart , consists only in the simulation of an external work ; all these are by lindwood . understood in a large sense as hereticks lindw . de offic. archipr . c. glos . in ver . haeresis . but these are not the hereticks here meant or intended , nor indeed are they hereticks in any proper sense , whereby we commonly understand such as hereticks , who maintain and persist in any opinion contrary to the true , orthodox , catholick faith , or any of the articles thereof grounded on the word of god. ( . ) by a proviso in the act of eliz. c. . no matter or cause shall be adjudged heresie , but such only as hath been so adjudged by the authority of the canonical scriptures , and by the first four general councils , or by any other general council , wherein the same was declared heresie by the express and plain words of the canonical scripture , or such as shall hereafter be determined to be heresie by parliament , with the assent of the clergy in their convocation , as appears by the said statute ; the occasion of the making whereof was ( as suppos'd by reason of an indictment against certain persons called lollards , upon the statute of h. . c. . whose opinions were ( . ) that it was not meritorious to go in pilgrimage to st. thomas , nor to st. mary of walsingham . nor ( ) to adore the image of a crucifix or of saints . nor ( ) to confess sins to a priest , but to god onley , &c. ( . ) sir ed. coke in the third part of his institutes cap. . doth assert , that both by the books at common law , and by history it doth appear , that an heretick may be convicted before the archbishop and other bishops , and other the clergy at a general synod or convocation . bract. lib. . fo . , . in concil . oxon. newburgh . l. . c. . h. . stow. hol. . h. . rot. parl. nu . . sautries case . f. n. b. . . el. c. . and the bishop of every diocess may convict any for heresie , and so might have done before the statute of h. . c. . c for the diocesan hath jurisdiction of heresie , and so it was practised in all q. elizabeths reign : and accordingly it was resolved by all the justices in the the case of legate the heretick d ; and that upon a conviction before the ordinary of heresie , the writ de haeretico comburendo did lye e . without the aid of the act of h. . c. . it seems the diocesan could imprison no person accused of heresie , but was to proceed against him by the censures of the church . and now ( says the lord coke in the forecited place ) in as much as not only the said act of h. . but also that of the h. . c. . are repealed , the diocesan cannot imprison any person accused of heresie , but must proceed against him as he might have done before these statutes , by the censures of the church , as it appears by the said act of h. . c. . according to sir ed. coke in that place aforesaid : where he also saith , that no person at this day can be indicted or impeached of heresie before any temporal judge , or other that hath temporal jurisdiction . but every archbishop of this realm may cite any person dwelling in any bishops diocess within his province for causes of hersie , if the bishop or other immediate ordinary thereunto consent , or if that the same bishop or other immediate ordinary or judge do not his duty in punishing the same f . ( . ) again , sir ed. coke in the forementioned place affirms , that it appears by bracton , britton , fleta , stanford and all the books of the common law , that he who is duly convicted of heresie , shall be burnt to death . mir. c. . de majesty . bract. ubi sup . britt . c. . fleta . l. . c. . reg. f. n. b. . but the ecclesiastical judge cannot ( as he says ) at this day commit the person that is convict of heresie , to the sheriff ( albeit he be present ) to be burnt ; but must have the kings writ de haeretieo comburendo according to the common law. f. n. b. . rot. par. h. . nu . . sautries case . bre. de haeret . combur . per reg. & concil . in parliam . the reason sir ed. coke gives , wherefore heresie is so extremely and fearfully punish'd is , for that gravius est aeternam quam temporalem laedere majestatem : and haeresis est lepra animae . g . the party duly convicted of heresie , may recall and abjure his opinion , and thereby save his life , but a relapse is fatal . and if the heretick will not ( says he ) after conviction abjure , he may by force of the said writ be burnt without abjuration h . h. rot. parl. n. . a writ was issued by the advice of the lords temporal in parliament to the sheriffs of london , and subscribed per ipsum regem & concilium in parliamento , by which the sheriffs were commanded to burn william sautre , who had been before condemned for a relapsed heretick by the archbishop of canterbury apostolicae sedis legatum , and other suffragans , and all the clergy of that province , in concilio suo provinciali congregat . juris ordine . note eliz. cap. . proviso , that such as have jurisdiction by letters patents , shall not have power to judge heresie but in such cases as have been before adjudged , &c. or such as shall hereafter be ordered , judged , and determined to be heresie by the high court of parliament of this realm , with the assent of the clergy in their convocation , as aforesaid . before a man shall be adjudged an heretick , he ought to be convicted by the provincial synod , for the common law doth not take notice what is heresie . if an heretick convict shall after abjuration relapse into the same or any other heresie , and thereof be convict again , the writ de hoeretico comburendo may be directed to the sheriff after the party is delivered by the clergy unto the secular power . and by the statute of h. . c. . every bishop in his own diocess might ( as aforesaid ) convict a man of heresie , and upon another conviction after abjuration , might by the sheriff proceed unto comburation . but that statute is repealed by the statute of h. . c. . vid. co . lib. . in a case of heresie . note ma. tit . heresie . brook per omnes justiciarios & baker & hare . the archbishop in his province , in the convocation , may and doth use to convict heresie , by the common law , and then to put them convicted into lay-hands , and then by the writ de haeretico comburendo they were burnt ; but because it was troublesome to call a convocation , it was ordained by the statute h. . cap. . that every bishop in his diocess might convict hereticks . and if the sheriff was present , he might deliver such to be burnt without the writ aforesaid ; but if the sheriff were absent , or he were to be burnt in another county , then the said writ ought to be had , who are hereticks , vid. . h. . book of entries , fo . . vid. doctor and stu. lib. . cap. . cosin . . . & . p. & m cap. . also f. n. b. fo . . and the writ in the register proves this directly . bracton . l. . cap. . fo . , . and it is also true , that every ordinary may convent any heretick or schismatick before him pro salute animae , and may degrade him , and enjoyn him penance according to ecclesiastical law ; but upon such conviction the party shall not he burnt . note ( says the lord coke in the same place ) that the makers of the act of eliz. were in doubt what shall be deemed heresie or schism , &c. and therefore the statute of eliz. provides , that nothing shall be deemed heresie , but what had been so determined by one of the four general councils , the word of god , or parliament . vid. fox in ed. . and britton . ed. . lib. . cap. . and with this agrees the statute , h. . cap. . h. . . h. . c. . the proceedings in the commencement and end was altered by the statute of h. . then came the statute ed. . cap. . and that repealed r. . h. . and h. . and the h. . and by general words all statutes concerning matter of religion ; then the & . p. & m. cap. . revived the . h. . by which the . h. . lost it's force , the act and p and m. cap. . expresly repealed . h. . . h. . . h. . . h. . but the . h. . cap. . was not repealed , being repealed before by the . ed. . yet in the end of that long act there is a general clause sufficient of it self to repeal the act . h. cap. . without more : then the . eliz. cap. . repeals the and p. and m. except some branches ; and in the same act it is enacted , that all other statutes repealed by the said act of repeal and p. and m. and not in this act specially revived , shall remain repealed . but the . h. . cap. . was not particularly revived , and therefore remains repealed . and after the said statute . eliz. repeals the act and p. and m. of reviving of three acts for punishment of heresies ; so that now at common law ( according to the lord coke ) none can be burnt for heresie , but by conviction at a convocation . after this , viz. hill. . jac. the atturney and sollicitor consulted with him whether at this day , upon conviction of an heretick before the ordinary , the writ de haeretico comburendo lieth , and it seemed to him to be clear that it did not , for the reason and authorities that he had reported trin. . jac. before . but after , they consulting also with fleming chief justice , tanfield chief baron , and williams and crook justices : and they , upon the report of dr. cosins , and some presidents in queen elizabeths time , certified the king that the said writ lieth i . ( . ) since the devil in his serpentine policy first negotiated the fall of man , there have ever been such as have gone forth , like the lying spirit in ahabs false prophets , whereby many , as he was , are deceived to their own ruine ; these are the divels emissaries , active in sowing tares among the wheat , whom we commonly call hereticks , a black catalogue whereof in an alphabetical method here follows . acatiani and semi-arriani , they held that the son was a creature made by the father , and that christ was like to the father in will but not in substance . this heresie began by acatius ( not the eutychian ) bishop , and successor to eusebius in cesaria ; and was condemned in the council of seleucia . acephali , so called because they had neither bishop nor priest for their head , and were branches of the eutychian heresie . they rejected the council of chalcedon , and denied the two natures of christ . they despised all congregations and the sacraments . adamiani , so called from their going naked in their assemblies ( in imitation of adam in his innocency ) to which estate they said christ had restored mankind . they condemned marriage and had women in common , with whom they lay promiscuously after the light put out . they held that we ought not to pray to god , because he knows our wants without prayer : and called their assemblies that paradice which god had promised to the blessed . they had their conventicles in subterrancan places , called hypacausta , because that under the place of their meetings , a furance of fire was kindled to warm the same , where they unclothed themselves when they entered into it , and stood naked , both men and women , in imitation of adam and eve before the fall. this heresie was first broach'd by one prodicus a gnostick . there was also the heresie of adamites , promiscuous in their lusts , begun or rather revived by a picard of gallo-belgia in the year . aetius , a syrian of antioch , and priest of that church , successor to arius , to whose errors he added , and was degraded , and went into cicilia , where he published them , and was banished by the emperour , and recalled by julian in hatred to the christians . he held ( besides arrianism ) that god was comprehensible , and that christ was unlike the father in all things , and spake uncouth things of the trinity , and was justly called an atheist . he was condemned in the seleucian council in the year . and confuted by epiphanius . agnoetae , they held that the divine nature of christ was ignorant of some things , as of the day of judgement , and denied perfection of knowledge to the son of god in his divine nature . almaricani , from almaricus of carnotum in france , who uttered blasphemous opinions concerning god , that he was the essence of all creatures , and the soul of heaven , and that all creatures should be converted into the substance of god again : these hereticks approved of all uncleaness under the veil of chastity . alogi , they rejected the gospel , and the revelation of st. john ; saying that they were written by cerinthus , and denied christ to be the word , as also his divinity . angelici , these hereticks were angel-worshippers ; epiphanius who speaks of them , better knew their name than the original of their sect. anomaei , a branch of the stock of the arians ; the principal authors were acatius , eunomius , and aetius . this was in the fourth century ; sozom. l. . c. . anthropomorphitae , these hereticks were the disciples of the andeani an . . and revived their heresie , so called of audaeus a syrian , who lived in the end of arius his time . they blasphemously held that god had a body like unto man. that darkness , fire , and water were eternal . they refused the congregation of the orthodox church & admitted greivous sinners to the communion without repentance . antidicomarianitae , these supposed that after the nativity of our lord , the virgin mary accompanied with her husband joseph , and did bear children to him . august . de haeres . of which opinion was helvidius . it is said , that the opinion of the fathers of the church was , that as no man did lie in the sepulchre wherein christ was buried , before him : so in the womb wherein he was conceived , no man was conceived after him ; and that the fathers by the words in the apostolick symbol understood , that he was born of mary a perpetual virgin ; and that by the brethren of our lord in the holy scriptures , is meant ( as is generally held ) the kinsmen of the lord according to the flesh . antrinitarians were those hereticks who denied the blessed trinity . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , these were a branch from the root of eutyches ; they supposed that the flesh of christ was void of all kind of humane infirmity . the emperor justinian was said to be tainted with this heresie in his old age , by bearing so much with the emperess theodora , to the great advance of eutyches his error . apelles , a disciple of marcion , yet could not agree with his master in all things , for he agreed that christ had a true body , but not made of the substance of the virgin mary , but of the four elements , and that after his resurrection he dissolved into the four elements , and then return'd to heaven from whence he came epiphan . apollinaris , bishop of laodicea in syria , so ruffin . l. . c. . yet it is said of him , that missing of a bishoprick he fell into these heresies , viz. that christ had not humane flesh from the virgin , but from heaven : that he had a humane body but not a soul : confounding the persons in the trinity : that christ had no humane will : that souls begat soules : that after the resurrection , all the ceremonies of the law should take place among the godly . apostolici , these hereticks condemned marriage , and held the apostles to be all unmarried : they made all things to be common : they used apochryphal bookes for gospel : they refused to receive those into the church who had lapsed after baptism : they would not have possessions , but rejoyced in voluntary poverty : and gave sentence against themselves that they were unclean , because they were procreated by marriage . aquarii , these were certain hereticks , who instead of wine received water in the holy sacrament . this was in the days of cyprian . arius , a lybian , and a priest or presbyter of alexandria , he said that christ was neither god , nor eternal , but an excellent creature created before all creatures : that he assumed only a body , but not the soul of a man : that the holy ghost was a creature of a creature , viz. of the son : he rebaptized , and perverted the order of baptism : he used the trisagion thus , gloria patri , per filium , in spiritu sancto : he denied the son of god to be begotten of the substance of the father , but that he was a creature , and made of things not existent , and that there was a time wherein the son was not : he was condemned in the nicene council , and banish'd by the emperour constatine . armenii , so called of the province , where their heresies raged , by the means of euchanius called mantacunes : they denied , that christ assumed his humanity from the virgin mary : they celebrated the passover after the custome of the jews : they held a quaternity , and that the divinty suffered . artemon , bishop of bostra in arabia , denied the divinity of christ , and affirmed that he was not existent before he took flesh from the virgin. this was in the third century . artotyritae , they were of the sect of the pepusians , and added cheese to the bread in the sacrament . assitae , these were hereticks who carried about with them new vessels , to represent that they were vessels filled with the new wine of the gospel . badesianistae , these were but a branch of the heresie of the valentinians and gnosticks , who denied the resurrection ; these hereticks were in the third century . basilides , an egyptian of alexandria ; he held fond opinions concerning the creation and number of heavens : that not christ but simon of cyrene was crucified : that it was lawful to deny christ in time of persecution , and to have idols : that no sins but such as are unwittingly committed should be pardoned : that faith was natural : that prophesies came not from god but angels : and that there was no resurrection . beryllus bishop of bostra , he was orthodox at the first , but afterwards held that the soul died with the body , and both rose again together : that christ was not before his nativity . origen reclaimed him , these heresies were condemned in the arabian council . an. . caini , so called of the special worship they attributed to cain : the reverenced esau , core , the sodomites , yea and judas himself , as authors of mans salvation : they denied the resurrection of the body : rejected the law , and worshipped evil angels . tertullian and epiphanius say , that these hereticks arose from the nicholaitans , but ireneus says they sprung out of the valentinians . carpocrates of alexandria in egypt , he held that christ was meer man , and born of joseph and mary : he held also the transmigration of souls ; also that the devil created the world , and denied the resurrection . these damnable heresies did spread in egypt , asia , and rome under the name of gnosticks : he lived incontinently with marcellina , one of his own sect , his son epiphanes succeeded him in this diabolical heresie , and ( after him ) prodicus the author of the adamites . the followers of carpecrates had in secret places images of gold and silver , which they called the images of jesus , and therewithall the images of pythagoras , plato , and aristotle , all which they worshipped . so that the worshipping of images , and the adoration of the image of jesus , seems to be a custome borrowed rather from the old hereticks , than from the ancient fathers of the first three hundred years . epiph. contra haeres . cathari , they professed themselves purer than others , and held rebaptizing those who sinned after baptism , condemned second marriage , and refused to receive those who had lapsed in time of persecution . the founder of these cathari was novatus , ordained priest of rome by cornelius , upon his repulse in a bishoprick . cerdon of syria , from whence he went to rome , and in the time of higinus broached these blasphemous heresies , viz. that there were two gods , one good , who was the father of christ , and another severe and bad , and this created the world. this cerdon , as also marcion , were the authors of the opinion of two gods , or two beginnings : he denied the resurrection of the body , and invented a new baptism after a man hath been baptized a second and third time : he held that christ was neither born of the virgin mary , or suffered really , with many other blasphemies against him : he rejected the law , and often seigned to recant , but in the end was excommunicated , having lived in rome eight and thirty years . cerinthus , a circumcised jew , contemporary with ebion , he affirmed that the world was not created by god , but by an inferiour power : that christ was born after the manner of men , of joseph and mary , denying her virginity : he divided jesus from christ , saying that christ descended upon jesus at his baptism in the form of a dove : that jesus , not christ , suffered and rose again : that there was a necessity of circumcision , and that life eternal should be at hierusalem , where all earthly pleasures should endure one thousand years . the report is , that st. john finding him in a bath , departed thence saying , that it was a miracle that the bath fell not down while cerinthus was in it . this heresie began at antioch , and spread over asia and syria ; but this name lasted not , though carpocras and samosatenus continued the heresie . chiliastae or millenarii , their author was papias bishop of hierapolis , whose heresie was a branch of that of cerinthus , in that point that christ would raise the godly first , and live a thousand years with them on the earth . this heresie was afterwards maintained by nepos , an egyptian bishop , two hundred thirty one years after christ's passion . circumcelliones , they were the most reprobate branch of the donatists : they would throw themselves headlong from high places , or cast themselves into fire or water , and counted it martyrdome . aug. de haeres . colarbasus , he was marcus the magicians fellow disciple , and held that mens lives and actions were ruled by seven planets , and divided jesus and christ into two distinct persons . collyridiani , they offered divine honour to the virgin mary , and sacrificed to her as to the queen of heaven , they worshipped her with divine adoration , and offered to her little pasties baked . epiphan . coluthiani , they denied that any evil , either of sin or punishment was of god. donatists , from donatus a preist of carthage , who missing the bishoprick he would have had , did discontentedly fall into these heresies , viz. that the true church was no where but with him and his disciples : that obedience to gods precepts ought to be voluntary and not compulsive : that no hereticks ought to be punished by the magistrate : he measured the effects of the sacrament by the minister , not by the author : he rebaptized , used incantations , and boasted of revelations : he held the son to be less than the father , and the holy ghost less than the son : his followers slew as many opposites to their sect as they could : he was at last bishop of numidia . ebioni , from ebion a samaritan , their founder , or from ebion [ hebraice ] poor , they having made themselves so by distributing their goods in alms. they denied the divinity of christ , rejected st. pauls epistles and all the gospel except st. matthew ; and held themselves bound to observe the law of moses as necessary to eternal life . euseb . elcesai , of elcesai their founder , they were also called sampsei : they opposed the virginity of the virgin mary , and held that there were two christs , one inferiour born of her , the other superiour ; also that the spirit was sister to christ : they adored water as a god : held it lawful to become apostates in time of persecution , and approved of one onely . apochryphal book made by themselves . they sprang from ebion the heretick . enchratitae , so called because they abstained from wine , eating of flesh , and living creatures : they condemned marriage , and blasphemed the epistles of st. paul ; the author of this sect was tatianus a syrian . euseb . l. . c. . euchitae , they held baptism unprofitable . eunomius , bishop of syricum , an arian , he added to the heresies of aeetius , that the holy ghost was created by the son , and that christ assumed only a humane body , and not a soul , he was confuted by st. basil . eutyches , abbot of constantinople , confuting nestorius , fell himself into other errors , and confounded the two natures of christ , making him ( after his union ) to have but the divine nature only , and held that he assumed nothing but humane from the divine : he affirmed also that the divine nature was passible , and that christ was rather deified than god ; he was condemned in the council of chalcedon . foelix bishop of vrgel on the pyrenean hills , he held that christ in his humane nature was the adopted son of god ; he was condemned for heresie at ratisbon ; hence came the foeliciani . floriani from florinus or florianus a priest of rome , he held that god created all creatures and things in an evil state , and celebrated the passover after the manner of the jews . fratricelli , they were of opinion , that a man might in this world attain to a state of such perfection that he might be altogether without sin , and that he who had attained thereto , was neither under subjection to civil nor spiritual governors , but was freed from all subjection to mortal men , and that they had no need of prayer or fasting . these were in the thirteenth century , and now also in this seventeenth century are every where to be found among us , though under another appellation . gazareni , called also patereni , and gazari , these were certain hereticks about tholouse in france in the thirteenth century , who held that married men were not in a state of grace , and could not be saved ; this opinion was condemned by the council of lateran . gnosticks , they assumed that name from the knowledge and learning which they proudly conceived they had above all others : they held ( besides those heresies of the carpocratians ) many other fond opinions concerning the creation by angels ; and affirmed that every faithful man had two souls , that there were two gods , one good and the other bad : they distinguished jesus from christ : and held that christ was eighteen months upon earth after his resurrection . there were divers sorts of this sect. godescalchus , one of the netherlands , about the year eight hundred forty nine , perniciously held , that those who were predestinated unto life by a decree of gods predestination , were necessitated to do well : and those who were predestinated to condemnation , were necessitated by a decree of god to do evil . helsesaitae , the same with those formerly called elcesai , otherwise called sampsaei , they mixed the religion of the jews , gentiles , and christians together : they rejected the writings of the apostle paul : and affirmed that a man who denieth the lord with his mouth in the time of persecution , if so be he adhered to the faith in his heart , he had committed no sin : they carried about with them a singular book , which they said was sent down from heaven , and promised remission of sins to every man that would hearken to the words of that book ; these were of the third century . epiphan . contr . haeres . . & comment . func . in chron. hermiani , they sprung from hermogenes an affrican , and held that the mass whereof the world was created , was coeternal with god : that angels created mens souls : that christ ascending , left his humane flesh in the son : they denied the resurrection , and received not baptism by water . hieracitae , of hierax an egyptian of leontopolis , he spake of the father as of two lights , differing in substance : damned marriage : denied the resurrection : excluded children from heaven : held that melchisedeck was the holy ghost : and that paradise was no earthly place . jacobitae of jacob a syrian , called zanzalus , for his poverty : they received the heresie of eutyches . jovinianus , a roman , he held all sins to be equal : denied the virginity of the virgin mary : contemned fasting , and all spiritual exercises : and held that men did not sin after baptism : lucianistae and apelliani , so called from lucianus and apelles , disciples of marcion . lucifer bishop of calaris in sardinia , he diabolically held , that mans body was formed by the devil : that a christian might kill himself , to be quit of the burden of the flesh , and allowed but part of the old testament . luciferniani , it is supposed that these were not from the former , but from another lucifer , for some say , that these were rather but schismaticks than hereticks , and only held , that faith was a weapon of contentions , and not of heresies . theod. compen . haeres . sozom. lib. . cap. . lombardians for want of another name , for in the time of the emperor albert in lombardy near to navarre , there were a sect of hereticks , who under colour of religion and charity made all things common , and women in like manner moved men to carnal conjunction , alledging it to be a deed of charity . this was in the fourteenth century . imp. hist . pag. . macedoniani , of macedonius the arian bishop of costantinople ; they were sometimes semi-arians , at other times arians , and sometimes orthodox , but never constant . they held that christ was not of the same essence with the father , but only like to him : and that the holy ghost was not god , but gods minister , and a creature not eternal . manes a persian , otherwise called manichaeus in dioclesians time , author of the manichees , he was a devillish crack-braind fellow , and chose to himself twelve disciples , and composed his heresies out of divers others : he blasphemously affirm'd himself to be the holy ghost : he held two beginnings , the one good the other evil : rejected the old testament , and mangled the new : denied christs divinity , and his real passion , and the resurrection of the body : condemned marriage , alms , and baptism : he most blasphemously said that christ was the serpent that deceived eve : that christs body was fixed in the stars : that he redeemed souls : he forged many things about the creation : he worshipped the sun and moon as gods : attributed two souls to every man : he ascribed sin not to the free will of man , and his natural defection voluntary , from the estate of the first creation , but to necessity , because mans body was made of the substance of the prince of darkness : with other fond and blasphemous heresies . one scythianus a sarazen merchant infused these heresies into him . warranes king of persia hearing of his fame , sent for him to cure his sick son , who died under his hands ; whereupon he cast him into prison , from whence he made his escape into mesopotamia ; but there the said king retook him , slead him , fill'd his skin full of chaff , and caused it to be set up before the gates of the city in mesopotamia . euseb . lib. . cap. . & socrat. lib. . cap. . eccle. hist . marcellus bishop of ancyra , the metropolis of galatia , he held blasphemous opinions against the trinity , and denied the divinity of christ . marcion , the disciple of the heretick cerdon : he held ( besides cerdons heresies ) that christ was not the son of god : he held likewise the transmigration of souls : that war was not lawful though on just occasion : he condemned marriage : rejected the old testament : forbad eating of flesh , and allowed of rebaptizing ( toties quoties ) as oft as men fell and repented , polycarpus called this marcion primogenitus diaboli , marcus a magician , of whom came the m●●citae : he invented a new form of baptism , viz. in the name of the unknown father of all things , and in the name of the verity the mother of all things , and in the name of him who descended upon jesus : he held that christ suffered not , nor assumed a body : he desiled the sacrament , and was a man of a very filthy life : he denied the resurrection of the body , and supposed that salvation belonged only to the soul. melchisedechiani , the author of these hereticks was theodatus disciple to theodatus the currier : he held that melchisedech was made by god greater than christ ; whose divinity they also denied , and magnified melchisedech above christ . menander , disciple and contempory with simon magus , a samaritan and a sorcerer , and author of the gnosticks ; he held with simon about the creation by angels , and affirmed that he was sent from heaven to save the world ; and that by vertue of his baptism men should not dye nor grow old ; but the success not answering his promise , his heresie fell of it self . epiph. euseb . aug. & theod. lib. cap. . meletiani from meletius a bishop of thebaida , he was deposed for sacrificing to idols . this was in the fourth century . messaliani , they worshipped god , but not in three persons , and held that god might be seen with corporeal eyes : that the devil ruled our actions . they attributed salvation to prayer totally : they contemned christs passion , and the sacraments , alms , and a laborious life , and tolerated perjury to promote religion . metangismonitae , they held that the son was in the father , as a lesser vessel comprehended in a greater : that god had a body , and in the divine essence was something greater and something lesser . aug. out of philaster . monophysitae , whose author was dioscorus bishop of alexandria , they were also called theopaschitae and monothelites , who denied not directly the two natures of christ , but only affirmed that after the union of the natures , there was only one will and one operation in christ ; they attributed the divine nature onely to christ ; these were a branch of the eutychian hereticks . montanus of phrygia , author of the cataphryges , he affirmed himself to be the holy spirit , he called himself the holy spirit , whom christ sent to instruct his disciples in all truth : he said that the spirit fell but little upon the apostles , and fully upon himself : he instituted laws concerning fasting , condemned second marriage , allowed incest , confounded the persons in the trinity , and baked mans blood with the bread of the eucharist : he seduced two women priscilla and maximilla to leave their husbands , and to be his prophetesses . nazareni , they styled themselves so , because that before the name of christians began , that name was the most honourable among christs disciples : they confessed christ , but withal held a necessity of observing the law , and framed strange things of ouria or noah's wife , as they would have it ) or vesta : they had many gospels ( as they call'd them ) and boasted much of revelations and visions : they held that the soul of a man , of a beast , and of a plant were all of one substance . these hereticks continued till after the time of epiphanius , who reporteth that the jews so hated them , that they prayed twice a day against them . epiph. aug. theodor. isodor . nepotiani , from nepos , a bishop in egypt , about the year . they affirmed that at the latter day the godly should rise before the wicked , and should live with christ a thousand years in abundance of all earthly pleasures . euseb . lib. . cap. . nestorius , bishop of constantinople , he spake against the personal union of christ's divine and humane nature , for he held that christ had two several persons , but not two wills : that the son of god in christ , was but an assistant to the son of the virgin mary , whom he would not have to be called the mother of god , but only the mother of christ . euag. l. . c. . he held that the humanity in christ was made equal with the deity or divine nature . he was condemned in the general council of ephesus , and dyed in banishment , his blasphemous tongue being first eaten with worms , which rotted in his mouth . nicholatiae , from nicholas a deacon of antioch , chosen by the apostles to look to the poor , who being suspected to be jealous of his fair wife , did ( to clear himself ) proffer her to any of the brethren that would marry her : whereupon they took occasion to live promiscuously , making their wives common ; and held that it was lawful to eat things offered to idols : that darkness and light begat the world , of which were born angels and devils , and of them men. this heresie continued not long in this name , but was polished and revived by the gnosticks and vaentinians . clem. alex. & strom. . act. . & euseb . noetius , of smyrna disciple to montanus , he called himself moses , and held but one person in the trinity : he being convented , abjur'd his heresie ; but afterwards being ambitious of a name , relapsed and dispersed it , and when he dyed , was cast out unburied , as not worthy thereof . novatus , ordained a priest of rome by cornelius , he was the founder of the foresaid hereticks the cathari : he held that such as had fallen in time of persecution , were not to be restored to the fellowship of the church , albeit they repented thereof . ophitae , of 〈◊〉 a serpent , whom they worshipped , affirming most blasphemously that christ was the serpent which deceived eve : they denied christ's humanity , and the resurrection ; they held also a blasphemous opinion concerning the sacrament : this sect was a branch of the valentinians , and continued till after the time of justinian the first . origeniani and turpes , of one origen a gnostick , who drew his heresie from epiphanes son to the heretick carpocras : they prohibited marriage , but committed fornication and all filthiness , and rejected some books of the old and new testament , which made against them . some say they were soul and filthy beasts , not abhorring whoredom but procreation of children , to the end they might seem chast , not unlike unto onan whom the lord slew . they were also called origenistae , because they defended the books of origen , who were theodorus ascidas bishop of caesaria-cappadocia , and the monks of nova lawra . there were of these hereticks also in the sixth century . palmerius , the chronologer , he was burnt for his heretical opinions concerning angels . papias bishop of hierapolis , he was st. john's disciple , yet afterwards became the author of the sect of the chiliasts or millenaries , whose heresie was a branch of that of cerinthus , in that point , that christ should raise the godly first , and live a thousand years with them on earth . patalorynchitae , a foolish people who counted it religion to stop their breath with their fingers , and not to utter any intelligible speech . patareni and gazareni , these hereticks did hold that married men could not be saved . paterniani or patriciniani and venustiani , they were called by the first name , of paternus their founder , and by the last , of their lascivious behaviour : they held that the lower parts of man were not made by god but by the devil ; others say that they affirmed that the whole body of man was formed by the devil , and ●●t by god. paulus samosatenus , so called of sam●sata the metropolis of comagena , where he was born : he held that the word was not in christ , otherwise than in the prophets : that christ was not the word , and denied his divinity : he baptized not in christ's name . pelagius brito , whose followers were julianus and coelestius , in the days of arcadius or honorius ; this pelagius was a roman monk , born in armorica or little britain , who with his disciple coelestius spread his heresies over almost all countreys , viz. that adam had died though he had not sinned : that his sin did only hurt himself , and not others but in his example : that lust and concupiscence , which is naturally in us , is good , and nothing in it whereof we need be ashamed : that infants neither have nor draw original sin from their parents : that the infants of the faithful , though not baptized , shall be saved , but shall remain without the kingdom of god : that men have free will sufficient to do good , without the grace of god : that men by nature were able to fulfil the whole law of god. howbeit more easily and better if they were supported by the grace of god : they denied original sin , and said that the posterity of adam were sinners by imitation of adam's sin , but had not received sin by carnal propagation : that children had no need to be baptized for remission of sins , and that the godly fathers in scripture , when they confessed their sins , they did it rather for example of humility , than for necessity , or guilt of sin. these heresies have in all ages been confuted by many learned and eminent divines and were condemned by many councils , specially in the council of carthage . pepusiani , they were of pepuza , a town of phrygia , between galatia and cappadocia ; they held ( beside other heresies of montanus ) that pepuza was the heavenly hierusalem mentioned by st. paul , heb. . and in the revelation c. . . petrus abelardus , a french man , he held vile things concerning the blessed trinity , that the holy spirit was the soul of the world , and that he was not of the substance of the father . this was in the twelfth century . photinus bishop of syrmium in illyria , a disciple to marcellus : he held that christ's kingdom was not everlasting , began at his birth , and should end at the day of judgment . he was condemned in the council of sardis . socrat. eccles . hist . lib. . cap. . praxeas , he was author of the monarchici and patrispassiani ; he held that god the father only suffered . priscilianistae , from priscilianus , a man of noble birth in spain : he confounded the persons in the trinity : held fond opinions concerning the creation : that mans soul was of the same essence with god : that man's life was ruled by the planets : that perjury and lying were lawful , to hide a mans religion : he forbad eating of flesh , and condemned marriage , but allowed fornication , and renewed the heresie of the gnosticks ; this was in the days of the emperour gratianus and valentinian ; he was executed at trevers as a sorcerer . hist . magd. cent. . c. . proclinianitae , of one proclus , who ( besides other heresies of the seleuciani ) held that christ was not come in the flesh . quartodecimani , they held that easter was to be observed on the fourteenth moon ; and upon what day soever that moon happened ( though sunday ) they fasted : they refused to admit and receive those who had lapsed after baptism . sabellius an african , he and his followers confessed , that there was but one god only , but they denied that there were three distinct persons in that one godhead : they not only confounded , but took away the persons in the trinity : he was the founder of the photinean's heresie : they were called patrispassiani , because their opinion imported that the father suffered ; this sabellius was for his heresie excommunicated . samosatenus , bishop of antioch , he denied the divinity of the son of god , affirming that christ obtained the name of the son of god through his vertuous behaviour and patient suffering , but that he was not naturally and truly the son of god , begotten of the substance of the father : he abrogated the psalms sung in the church , and hired women there to sing his own praises : he was deposed by a council at antioch , and excommunicated by all the christian churches in the world. this was ( as some affirm ) not in the second but third century . suturniani , from one saturnine of antioch , who with basilides the egyptian , shared the heresie of simon in two parts ; this saturnine held that his disciples , though living dissolutely , might be saved by faith in him : that the world and man were created by seven angels praeter voluntatem dei : that christ's body was phantastical : that there was one god of the jews , another of the christians : that at the beginning a good and a bad man were created , and that from the good came good men , and from the bad came evil men : that marriage was a doctrine of devils : that men must abstain from things that had life : that some of the old prophets were of the devil : and lastly they denied the resurrection of the body . secundiani , of secundus , who was the cheif disciple of valentinian the heretick , and held all his heresies , and allowed his followers all filthiness of life . seleuciani or hermiani from seleucius and hermias , they most abominably held , that the mass whereof god created the elements was coeternal with himself : that the angels , not god , created the souls of men. that christ in his ascention unclothed himself of the flesh of man , and left it in the globe of the sun : they received not baptism by water : they denied the resurrection of the body , supposing that by new generations , one succeeding another , that is performed which in scripture is written concerning the resurrection . sethitae , another branch of valentinian in egypt : they held that angels begat men in the beginning : they attributed to seth the honour due to our saviour , and denied the resurrection of the body . severus , successor to apelles in the school of marcion , his heresies were spread in east syria : they forbad the use of wine : rejected the old testament and the prophets , using apocryphal books of their own : denied the resurrection : ascribed the creation to angels . detested women as works of the devil : and used magick . simon magus , said to be the father of hereticks , he was magician and an hypocrite , though baptized by philip the apostle : he spread his heresies at rome , where he grew so famous , that the people erected an image to him with this inscription , simoni deo sancto : he most blasphemously affirmed himself to be true god : that the world was created by angels : he denied that christ was either come or suffered : he denied also the resurrection of the body : he brought in the promiscuous use of women , and used the company of one helena , whom he blasphemously gave out to be the holy ghost , and that he begat angels of her : he taught his disciples to worship images , his own image , and the image of helena , who accompanied him from asia to rome : he attempted to shew his power in flying , and with a fall broke his thigh , and died miserably . — iren. l. . c. . aug. epiph. theod. swenkfeldius , born in silesia , he held that the outward ministry of the word and sacraments was not necessary to eternal life , because that by the illumination of gods holy spirit , without the ministry of the word , men might be saved . tatian , he held that adam was damn'd , called marriage fornication , prohibited eating of flesh and drinking of wine , he held many gods , denied christ to be born of davids seed , and condemned the law of moses ; he was author of the euchratitae . theodatus , a cataphrygian , a poor currier of constantinople , he held that christ was but man , and begotten by man ; besides which blasphemy he altered the gospel according to his own fancy . the theodatiani denied the divinity of christ , for when theodatus having in time of persecution denied jesus christ , was reproved for the same , he answered , that he denied not god , but man , signifying thereby , that christ was only man , and not god manifested in our nature . theopaschitae , they held that the divinity of christ suffered . this heresie lasted long , and was maintained afterward by eutyches and dioscorus . triformiani , they held the divine nature one and the same in the three persons together , but imperfect in the several persons . tritheitae , they held that the nature and essence of god was threefold , and not one and the same . johannes grammaticus ( called philoponus ) was the founder of this heresie . valentinian , an egyptian , he held plurality of gods , of both sexes : a multitude of heavens and eternities : that christ assumed nothing from the virgin , but passed through her as by a pipe : that he saved souls only : that the world was made by evil angels : he denied the resurrection : despised good works , as unprofitable , and lived of things sacrificed to idols . against him irenaeus wrote five books . valesii , of one valens an arabian ; they held that none could be saved , but such as made themselves eunuches , detested marriage , but allowed all filthy acts , yet gelded themselves . venustiani , so called of their lascivious behaviour ; they were the same hereticks that were called paterniani from paternus their founder , and held the same blasphemous and damnable heresie . vigilantius , an apostate monk , he declined churches , and condemned virginity , and spiritual exercises . st. hierome wrote against him . ( . ) all these hereticks do commonly pass under the notion of christian hereticks , whereas in truth they may more properly be termed antichristian ; yet they are styled christian hereticks in distinction to the jewish hereticks , of which sort were the pharisees , the sadduces , the hessees , the galilaeans , the hemerobaptists , the nazaraeans , the ossens , the sampsaeans , the massalians , the herodians , the genites , the merissaeans , the coelicolae , the ophitae or serpentines , the caiani , the sethiani , the heliognosti , the frog-worshippers , the accaronites , the thamuzites , the samaritans , with many others , out of which , or some of them , came that cursed brood of hereticks which poysoned a great part of the world in the succeeding generations , the pharisees ( from phares , division , or separation , because they would be accounted separatists from all others a , attributed all things to fate ; they believed that god disposed all things , but the starrs helped , yet so as free will was left in the hand of man. they held transmigration of good souls , or going into other bodies ; they conceived that he which kept most of the commandments , although he transgress'd in some , was just before god , with innumerable pharisaical , proud and hypocritical conceits and actions . the sadduces ( either from sedec , justice , because they were fevere and rigorous in judgment b ; or of one sadoch , the first inventer of their heresie c ; or from both d ; ) these sadduces were called minim or minei , that is hereticks . they interpreted the scriptures after their own sense , and rejected traditions ; they denied a future reward , and consequently the resurrection ; they denied also the subsistence spiritual ; they cooped up god in heaven , without all beholding of evil ; they denied spirit altogether ; for they held god to be corporeal e ; the soul to dye with the body ; the denied angels and devils ; they ascribed good and evil to a mans free will. the hessees , essees , or essens ( either from a word which signifieth rest , or quietness , and silence f or essaei quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 holy g . they are placed by pliny on the west of the dead sea h a people solitary , without women , without money , they make no weapon of warr , nor meddle with merchandize ; they have no servants , but are all both free and mutually servants to each other ; they live perpetually chast , counting continence and contentment great vertues ; they swear not at all , and have all things common ; they avoid pleasures and riches as sins ; they marry nor , yet do not deny the lawfulness of marriage , but the honesty of women ; they shun oyl and neatness , yet always wear a white garment ; they neither buy nor sell , but mutually communicate ; they were worshippers of the sun , for before the sun riseth , they speak of no worldly matter , but celebrate certain prayers , as praying him to rise ; they hate an oath no less than perjury ; they keep the books of their own opinions , and the names of the angels ; they give no sentence of judgement , being fewer than one hundred i ; they will not so much as purge nature on the sabbath , for fear of prophaning it thereby k . the galilaeans , their doctrine was , that onely god was to be accounted their lord and prince , and would rather endure any the most exquisite tortures , than call any mortal man their lord ; in other things they agreed with the pharisees l . the hemerobaptists , so called from their being baptized or wash'd every day at all times of the year ; they were in their doctrine of the resurrection , and in infidelity like unto the sadduces ; in other things they differed not from the scribes and pharisees m . the nazaraeans , they would not eat any thing which had life , and held it unlawful to eat flesh : they disallowed the five books of moses : they placed all righteousness in carnal observations : and professing to imitate sampson , they nourished the hair of their head , placing all their vertue therein n . the ossens were an issue of the ancient essens , holding some things of theirs , as concerning the worshipping of angels , and of the sun , adding thereto other heresies of their own o . the sampsaeans would not admit either the apostles or the prophets : they worshipped water , esteeming it as a god , believing that life is from thence p . the massalians were a slip of the essees , but after by marriage with some pseudochristians , of jewish became christian hereticks q . the herodians thought herod to be the messias , and entered into society for costs and charges in common , to be bestowed on sacrifices and other solemnities , wherewith they honoured herod alive and dead r . the genites or genists stood upon their stock and kindred , because in the babylonish captivity , or after , they married not strange wives , and therefore boast themselves of the purity of abraham's seed s . the merissaeans or merists were ( as the name imports ) sprinklers of their holy water ; they made a division of the scriptures , and received only some part thereof t . the coelicoli were also an off-spring of the essees , and from these proceeded the massalians , they were jews , though they corruptly embraced christianity ; and being baptized , revolted to their former judaism , and retained the rites of these coelicolae , or heaven-worshippers ; they had their places of prayer abroad in the open air v . the ophitae or serpentines worshipped a serpent , saying , that he first procured us the knowledge of good and evil , for which god envied him , and cast him from the first heaven into the second , whence they expect his coming , esteeming him some virtue of god , and to be worshipped , w the caiani , which commend cain for fratricide , saying that cain was made of the power of the devil , abel of another power , but the greatest power was in cain to slay abel x . the sethiani were worshippers of seth the son of adam , who affirmed , that two men being created in the beginning , and the angels dissenting , the feminine power prevailed in heaven ( for with them they held are males and females , gods and goddesses ) eve perceiving that , brought forth seth , and placed in him a spirit of great power , that the adversaries power might be destroyed . of seth they held , that christ should come of his stock ; yea some of them conceived him to be the very christ y . the heliognosti were such as worshipped the sun , and held that the sun knew all the things of god , and yielded all necessaries to men . the frogg-worshippers were such as held , that worship was due to those croking creatures , thereby thinking to appease divine wrath , which in phara●h's time brought frogs upon the land of egypt . the accaronites were such as held that worship was to be performed unto a flye , and did worship it accordingly ; probably for the same blind reason that others of them worshipped frogs ; for divine wrath was executed by the one as well as by the other . the thamuzites , of thamuz , the son of a heathen king ; they held that his image was to be worshipped and abroed ; accordingly the jewish women that were bewitched with this heresie , worshiped this image of thamuz with tears and continual sacrifices ; and held further that pharaoh which ruled in egypt in moses his time , was of that name . the samaritans were those jewish hereticks , who held ( especially the cuthaeans among them ) an abstinence from pollution by the dead , or bones , the slain , & the sepulchres ; they held washing their bodies & changing their vestments , when they enter into the synagogue ; they held such heretical opinions , that the other jews would have no dealings with them ; they held that only the five books of moses were canonical scripture , the rest they recived not ; they held that neither the trinity , nor the resurrection was to be acknowledged ; they wash'd themselves with urine , when they came from any stranger , being thereby ( as they held ) polluted ; they held themselves prophan'd by the touch of one of another faith ; & therefore if they touch'd one of another nation , they div'd themselves , garments and all in water ; they held a dead corps in abomination presently z . if they met a jew , or christian , they said touch me not a . they call themselves men which belong to the blessed hill. they abstained from things that have life , and some of them from marriage . one dosithens a samaritan is supposed to be the first founder of the samaritam heresies , and the first among them that rejected the prophets , as not having spoken by the holy ghost b . there were four sects of samaritan hereticks , according to epiphanius , each of them holding their different heresies in some respects , and having in other respects certain heretical tenents common to them all . by all which premisses it is most evident , that the prince of darkness , and the father of lyes hath had in all ages , nations , and churches , his emissaries to infect them with heretical and blasphemous erros , but the gates or power of hell to this day never could , nor to eternity ever shall prevail against the truth . chap. xli . of councils , synods , and convocations . . the several kinds of councils and synods . . what canons in force in the realm of primo . ed. . also how the canons entituled reformatio legum ecclesiasticarum became abortive . . that part of the canon law , is part of the law of england . . convocation in england , what how , and by what authority , and for what ends conven'd ; also of what members it doth consist ; with the authority thereof . . convocations and provincial synods of very great antiquity in england ; have been ever call'd by the kings writ ; their priviledges . . the canons and ecclesiastical constitutions may not be repugnant either to the kings prerogative , or to the laws , statutes , or customes of this realm . . lindwood's method of provincial synods in this realm , and under what archbishops . . the four several kinds of councils and synods in general . . a compendious catalogue thereof , when and where held , by and under whom conven'd , with the principal matters therein treated and determined . ( . ) of councils or synods there are four kinds , viz. ( ) oecumenical , as being called out divers nations . ( ) national , as out of divers provinces , both these kinds of councils or synods were ever assembled by imperial , regal , or papal authority . ( ) . provincial , as out of divers dioceses , conven'd by metropolitans or patriarchs . ( ) diocesan , as out of one diocese onely , assembled by the bishop thereof . the frequent celebration of synods the council of basil calls praecipuam agri domini culturam touching synods vid. duar. de sacr. eccl. minist . et benefic . ( . ) in the reign of king hen. . the bishops and clergy in the convocation an . . oblig'd themselves neither to make nor execute any canons or constitutions ecclesiastical , but as they were thereto enabled by the kings authority ; it was by them desired , by him assented unto , and confirm'd in parliament , that all such canons and constitutions synodal and provincial , as were before in use , and neither repugnant to the word of god , the kings prerogative royal , or the known laws of the land , should remain in force until a review thereof were made by persons of the kings appointment ; which review not having been made from that time to the first year of king edward . all the said old canons and constitutions so restrained and qualified , did then still remain in force , as before they were . for this consult the act of parliament of h. . c. . and in the third year of the said king edward . there passed an act in parliament , for enabling the king to nominate eight bishops , and as many temporal lords , and sixteen members of the lower house of parliament , for reviewing of such canons and constitutions , as remained in force by virtue of the statute made in the th year of king h. . and fitting them for the use of the church in all times succeeding . according to which act the king directed a commission to archbishop cranmer , and the rest of the persons whom he thought fit to nominate to that employment ; and afterwards appointed a sub-committee of eight persons to prepare the work and make it ready for the rest , that it might be dispatch'd with the more expedition : which said eight persons were the archbishop of canterbury , dr. goodrick bishop of ely , dr. cox the kings almoner , peter martyr dr. in divinity , william may and rowland taylor drs. of laws , john lucas and richard goodrick esquires ; by whom the work was undertaken and digested , fashioned according to the method of the roman decretals , and called by the name of reformatio legum ecclesiasticarum , &c but not being commissionated hereunto till the eleventh of november in the year . they either wanted time to communicate to the chief commissioners , by whom it was to be presented to the king , or found the king encumber'd with more weighty affairs , than to attend the perusal thereof . and so the king dying before he had given life unto it by his royal assent and signiture , the design miscarried : and never since thought fit to be resumed in the following times by any of those who have had the government of the church , or were concerned in the honour and safety thereof . ( . ) it is asserted by good authority , that if the canon law be made part of the law of this realm , then it is as much the law of the land , and as well , and by the same authority , as any other part of the law of the land. likewise in the case of shute against higden , touching voidance of a former benefice by being admitted and instituted into a second , and that by the ancient canon law received in this kingdom , this ( says the same authority ) is the law of the kingdom in such cases and in the case of hill against good the same author doth further assert , that a * lawful canon is the law of the kingdom , as well as an act of parliament : and whatever is the law of the kingdom , is as much the law , as any thing else is so ; for what is law , doth not suscipere magis & minus a which premisses , though they may seem , yet are not inconsistent with what sr. ed. coke says , viz. that the laws of england are not derived from any forein law , either canon , civil , or other , but a special law appropriated to this kingdom b ; that it may be said of its law as of its situation , et penitus toto divisos orbo britannos . ( ) convocation is the highest ecclesiastical court or assembly , called and convened in time of parliament by the kings writ , directed to the archbishops , consisting of all the clergy of both provinces , either personally or representatively present , in the upper house of the archbishops and bishops , and the lower house of the other clergy or their proctors , chosen and appointed to appear for cathedral or other collegiate churches , and for the common clergy of every diocess , with a prolocutor of each house , and president of the convocation for the province of canterbury , to consult of matters ecclesiastical , and thereon to treat , agree , consent , and conclude ( as occasion requires ) on certain constitutions and canons ecclesiastical , to be ratified and confirmed by the royal assent c . they were anciently called church-gemote . int. leges h. . c. . the convocation is under the power and authority of the king , ed. . . b. assembled only by the kings writ . ed. . rot. parl. m. . vid. stat. h. . c. . the king having directed his writ ( therein assigning the time and place ) to each of the archbishops to the effect aforesaid , the archbishop of canterbury doth thereupon direct his letters to the bishop of london , as his dean , lindw . provin . sec. . de poenis . ver . tanquam in gloss . first citing himself peremptorily , then willing him to cite in like manner all the bishops , deans , archdeacons , cathedral and collegiate churches , and generally all the clergy of his province to the place at the day in the said writ prefixed , withal directing that one proctor for every cathedral or collegiate church , and two for the other clergy of each diocess may suffice . in pursuance whereof the bishop of london directs his letters accordingly , willing them to certifie the archbishop the names of all such as shall be so monished by them , in a schedule annexed to their letters certificatory ; whereupon the cathedral and collegiate churches , and the other churches having elected their proctors , it is certified to the bishop , who makes due returns thereof ; which method is likewise observed in the other province of york . it is said , that these proctors anciently had place and vote in the lower house of parliament d ; a good expedient for the maintenance and preservation of the liberties of the church . the prolocutor of the lower house of convocation , is immediately at the first assembly by the motion of the bishops , chosen by that lower house , and presented to the bishops as their prolocutor , by whom they intend to deliver their resolutions to the higher house , and to have their own house specially ordered and governed : his office is to cause the clerk to call the names of the members of that house , as oft as he shall see cause ; likewise to see all things propounded to be read by him , to gather the suffrages or votes , and the like . trin. jac. it was resolved by the two chief justices , and divers other justices at a committee before the lords of parliament , concerning the authority of a convocation , ( ) that a convocation cannot assemble without the assent of the king. ( ) that after their assembling , they cannot conferr to constitute any canons without license del roy. ( ) when upon conference they conclude any canons , yet they cannot execute any of them without the royal assent . ( ) they cannot execute any after royal assent , but with these limitations , viz. ( ) that they be not against the kings prerogative : ( ) nor against statute law : ( ) nor against the common law : ( ) nor against the customes of the realm . all which appears by h. . c. . . ed. . title quare non admisit , . . h. . . merton , cap. . — by h. . . a convocation may make constitutions to bind the spiritualty , because they all in person or by representation are present , but not the temporalty . q. and ed. . . the convocation is spiritual , and so are all their constitutions . vid. the records in turri , h. . ed. . ed. . ed. . ed. . prohibitio regis ne clerus in congregatione sua , &c. attemptet contra jus seu coronam , &c. by which it appears , that they can do nothing against the law of the land , or the kings prerogative . ( . ) the word [ convocation ] and the word [ synod ] are rather words of two languages , than things of two significations ; for although , they have different derivations , the former from the latin , the other from the greek , yet in effect they both center in the same thing . convocation à convocando , because they are called together by the kings writ . it is of very great antiquity according to sir edward coke , who mentions out of mr. bede and other authors and ancient records , such as were nigh a thousand years since , and more expresly of one great synod held by austins assembling the britain bishops in council , an. . d . and affirms , that the clergy was never assembled or called together at a convocation , but by the kings writ e . and in the year . there was a convocation of the clergy , called magna servorum dei frequentia f . it was by the assistance and authority of ethelbert , the first christian king of kent , that austin called the aforesaid assembly of the british bishops , and doctors , that had retained the doctrine of the gospel , to be held in the borders of the victians and west-saxons , about southampton , as supposed , to which resorted ( as mr. bede says ) seven bishops , and many other learned divines ; but this synod or convocation suddenly brake up without any thing done or resolved g . this assembly was conven'd for determining the time for the celebration of easter ; touching which the controversie continuing no less than years after , was at last concluded at another convocation purposely called at whitby by the authority of oswy king of northumberland , and whereof the reverend cedda , newly consecrated bishop , was prolocutor , and king oswy himself present at the assembly h . likewise about the year . at cassils in ireland a convocation was held by authority of king h. . soon after he had conquered that island , which convocation was for the reformation of the irish church , where amongst many other constitutions it was decreed , that all the church-lands , and all their possessions , should be altogether free from the exaction of secular men , and that from thenceforth all divine things should be handled in every part of ireland in such sort , as the church of england handleth them i . likewise about the year . at london a synod or convocation was held , at which king h. . was present , where among other canons and constitutions , it was both by authority of the king and synod decreed , that every patron taking a reward for any presentation should for ever lose the patronage thereof k . which together with other canons then made for the better government of the church of england , were published by richard archbishop of canterbury , with the kings assent l . likewise a provincial synod was held at oxford by stephen langton archbishop of canterbury under king h. . about the year . for reformation of the clergy m , with many others , in subordination to the laws of the land. one special priviledge of the convocation appears by h. . cap. . all the clergy from henceforth to be called to the convocation by the kings writ , and their servants and familiars shall for ever hereafter fully use and enjoy such liberty and immunity in coming , tarrying , and returning , as the great men and commonalty of the realm of england , called or to be called to the kings parliament , have used or ought to have or enjoy . h. . in parliamento statutum est , ut praelati atque clerici , c●rumque famulatus , cum ad synodos accesserint , iisdem privilegiis ac immunitatibus gaudeant , quibus milites & burgenses parliamenti . ant. brit. fo . . nu . . ( . ) the jurisdiction of the convocation in this realm , though relating to matters meerly spiritual and ecclesiastical , yet is subordinate to the establish'd laws of the land ; it being provided by the statute of h. . c. . that no canons , constitutions , or ordinances shall be made or put in execution within this realm by authority of the convocation of the clergy , repugnant to the prerogative royal , or to the customes , laws , or statutes of this realm . to the same effect was that of ed. . rot. parl. memb. . inhibitio archiepiscopo , & omnibus episcopis , & aliis praelatis apud lambeth conventuris , ne aliquid statuant in praejudicium regis , coronam , vel dignitatem . for although the archbishop and the bishops , and the rest of the clergy of his province , assembled in a synod , have power to make constitutions in spiritual things , yet they ought to be assembled by authority of the king , and to have ( as aforesaid ) his royal assent to their constitutions ; which being had and obtained , the canons of the church , made by the convocation and the king , without parliament , shall bind in all matters ecclesiastical , as well as an act of parliament , as was resolved in bird and smiths case n . although the saxons , who founded and endowed most of our churches , and made many good laws in reference to the jurisdiction power , and priviledges thereof ; yet the royal prerogative , with the laws and customes of the realm , were ever so preserved , as not to be invaded thereby : king aethelbert the first saxon king , king ina , aethelstane , edmund , edgar , and king kanute , all these made laws in favour of the church , but none of them ever entrenched on the prerogative of the crown , or on the laws , or customes of the realm ; nor any of those ancient church-laws ever made without the supream authority to ratifie and confirm the same . ( . ) the laws and constitutions whereby the ecclesiastical government is supported , and the church of england governed , are the general canons made by general councils , also the arbitria sanctorum patrum , the decrees of several archbishops and bishops , the ancient constitutions made in our several provincial synods , either by the legates otho and othobon , or by several archbishops of canterbury . all which by the h. . are in force in england , so far as they are not repugnant to the kings prerogative , the laws and customes of england . also the canons made in convocations of later times , as primo jacobi regis , and confirmed by his regal authority : also in some statutes enacted by parliament touching ecclesiastical affairs ; together with divers customes not written , but in use beyond the memory of man ; and where these fail , the civil law takes place . among the britain councils ( according to bishop prideaux his synopsis of councils , edit . . ) those amongst the rest are of most remark , viz. at winchester , in king edgars time under dunstane : at oxford , by stephen langton archbishop of canterbury : at claringdon under king henry the second . the council under king edward the th . in which the articles of the english confession was concluded and confirmed . the synod under the same king , from which we receive the english liturgy which now we have , composed by seven bishops and four doctors , and confirmed by the publick consent of the church , which ( as also the said articles ) the succeeding princes , queen eliz. king james , and king charles , ratified and commended to posterity . at london a synod , in which canons or constitutions , relating to the pious and peaceable government of the church , presented to king james by the synod , and confirmed by his regal authority : and at perth in scotland , where were articles concerning administring the sacrament to the sick , private baptism where necessity requires , confirmation , admitting festivals , kneeling at the receiving the sacrament , and an allowance of venerable customes . but de concil . britan. vid. d. spelman . the ancient canons of the church and provincial constitutions of this realm of england , were according to lindwood the canonist ( who , being dean of the arches , compiled and explained the same in the time of king h. . ) made in this order or method , and under these archbishops of canterbury , viz. the canons or constitutions . of stephen langton , cardinal , archbishop of canterbury , in the council at oxford , in the year of our lord , who distinguish'd the bible into chapters . . of otho , cardinal , the popes legate in anno . on whose constitutions john de athon dr. of laws , and one of the canons of lincoln , did comment or gloss . . of boniface archbishop of cant. . . of othobon , cardinal of st. adrian , and legate of the apostolical chair ; on whose constitutions the said john de athon did likewise glossematize . his canons were made at london in anno . . of john peckham , archbishop of canterbury ; at a synod held at reding , an. . . of the same peckham , at a synod held at lambeth , an. . . of robert winchelse , archbishop of canterbury , an. . . of walter reynold , archbishop of canterbury , at a synod held at oxford , an. . these constitutions in some books are ascribed to simon mepham , but erroneously ; for the date of these constitutions being an. . the said walter reynold ( according to the chronicle ) died in an. . and was succeeded by simon mepham . . of simon mepham archbishop of cant. an. . . of john stradford , archbishop , an. ... . of simon islepe , archbishop , an. . . of simon sudbury , archbishop , an. . . of tho. arundel , archbishop , at a synod or council held at oxford , an. . . of henry chichley , archbishop , an. . . of edmond , archbishop of canterbury . . of richard , archbishop of canterbury . the dates of the canons or constitutions of these two last lindwood makes no mention , by reason of the uncertainty thereof ; but withal says , it is clear , that richard did immediately succeed the foresaid stephen langton , and the said edmond succeeded richard . lindw . de poen . c. ad haec . & infra , in verb. mimime admittatur . if so , then it was most probably richard wethershed , who was archbishop of canterbury , an. . and st. edmond chancellor of oxford , who was archbishop of canterbury , an. . r . ( . ) councils were either general , or oecumenical from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whereunto commissioners by the emperours authority were sent from all quarters of the world , where christ hath been preached : or national : or provincial : or particular , by bullenger called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; such were the councils of gangra , neo-caesarea , and many others , commonly assembled by patriarchs and bishops in some particular place of a countrey . the ends of these councils chiefly were , either for the suppression of heresies , the decision of controversies , the appeasing of schisms , or the ordaining of canons and constitutions for decency of order in the church . vid. aelfrici canones ad wulfinum episcopum . can. . where it is said , that there were four synods for the defence of the true faith against those hereticks , who belched out their blasphemies against the holy trinity , and the humane nature of our saviour ; the first whereof was at nice : another after that at constantinople , consisting of a hundred and fifty bishops : the third at ephesus , of two hundred bishops : the fourth at chalcedon , where many hundreds of bishops were present ; and they all with an unanimous consent confirmed all those decrees which were made in the nicene council . these four synods ( says the said canon ) are so to be observed by the church of christ , ut quatuor christi codices . there were many other synods about the same time , but these four were of the best authority . at jerusalem in the first century the apostles , elders , and brethren held a council against some pharisees touching circumcision , in the fourth year of the reign of the emperour claudius . the apostles celebrated also certain councils for the substituting of matthias in the place of judas , act. . for the election of seven deacons — act. . for not pressing the ceremonial law , act. . for the toleration of some legal observations only for a time , act. . . to these some will have to be added a meeting by the apostles , wherein was composed the apostles creed . also another assembly of the apostles , which did obtrude to the church canons under the notion of the apostles authority , concerning which there are various controversies . in this century there were also two synods summoned in asia , for the reformation of the churches , and consecration of bishops , at which john the evangelist was present . euseb . lib. . cap. . at ancyra in galatia in the second century was assembled a synod of divers bishops , wherein the figments of montanus were confuted . in this synod montanus was excommunicated , and his heresie condemned . euseb . lib. . cap. . in this century , viz. an. . six several synods were held about the observation of easter , viz. at rome in victors time : at caesarea in palestina : at pontus : in france , where irenaeus was chief : in ostroena and at ephesus . in all which synods it is observed , that the bishop of rome had no more authority than the other bishops . euseb . lib. . cap. . in the third century there were eight or nine synods of remark , viz. at bastra , where beryllus was confuted by origen : at rome in the time of fabianus , where the schism of novatus was removed : another at rome in the time of cornelius , wherein novatus the heretick was condemned : at antioch , where novatus was condemned again : at carthage , which erred about the re-baptizing of hereticks : at iconium , for receiving of hereticks after repentance : at antioch again , where samosatenus was condemned ; this was about the twelfth year of galienus : another at the same place under aurelianus , where he was condemned again , and deprived of his church . and at sinuessa , consisting of bishops , where marcellinus bishop of rome was condemned for denying christ , and sacrificing to idols . tom. . concil . at ancyra in the fourth century , about the year were assembled bishops of divers provinces , to constitute a form of ecclesiastical discipline , according to which they who had sacrificed to idols in time of persecution , were to be received again upon their repentance . in this council also it was ordained , that chorepiscopi , that is , countrey-bishops , or vicarii episcoporum , should abstain from ordination of elders and deacons , and from usurping of dominion over the preaching elders , who were in cities . this council was subscribed by eighteen bishops . at nicea in bithynia , assembled by the authority of constantine the great , a general council , consisting of bishops : the exact time when it began historians do not agree , some conceive it was a. d. . so hillar . socort . l. . c. . others , . so baron . n. . others , . and others referr the year to . but eusebius computeth it to be in the twentieth year of constantines reign . it was also in the time of julius the first , and silvester , popes . three things especially are reported to be condemned by this famous council . . the arrian heresie , blasphemously denying to son to be co-eternal and co-essential with the father . . the dissent of the eastern from the western christians about the celebration of the passover , in a manner different from the jewish custome ; and it was concluded in this council , that the feast of easter should be kept on the lords day , and not on the fourteenth day of the first month of the jews called nisan . . the schismatical dissentions of the melitians and novatians . in this council the emperour burnt all the accusations which the bishops brought against each other , as unworthy to be seen . of this council it is anciently recorded , that constantinus imperator congregavit in nicaea civitate . episcopos ex omnibus nationibus ad confirmandum fidem catholicam . ita in tertio can. aelfrici ad wulfin . episcop . at tyrus in the fourth century was conven'd a national council by constantine the emperour , in the thirtieth year of his reign , wherein were bishops from egypt , lybia , asia , and europe ; the major part whereof were arrians , who charging athanasius with false accusations , deposed him in his absence ; whose deposition arsenias subscribed with the same hand , which the arrians alledged was cut off by athanasius . at gangra in paphlagonia about the year . were assembled about sixteen fathers ; in which council were damned the heretical opinions of eustathius , who admiring the monastick life , or favouring the heresie of eucratitae and the manichaeans , spake against marriage , and eating of flesh , and damned the publick congregations for the service of god in temples , saying , a man could not be saved unless he forsook all his possessions . about this time there was a council at antiochia , wherein the arrians deposed eustatius . as also a council at arles , wherein cecilianus was absolved from the accusation of the donatists . at eliberis in spain in the time of constantines reign , were assembled bishops and presbyters . among the canons made in this synod , it was ordained in the canon , that nothing that is worshipped should be pictured on a wall ; and that in private houses no idols should be found . at carthage , the first council there ( wherein st. cyprian , with the advice of many other bishops of numidia , lybia , and other parts of africa , ordained those who were baptized by hereticks , to be rebaptized ) was not held under the reign of constantine , for that st. cyprian was martyred in valexians daies , the eighth persecuting emperour ; but the first council of carthage held in constantines daies , was that wherein the donatists condemned cecilianus bishop of carthage , whose innocency was made afterwards to appear . at antioch , the first council there was held by arrians under the reign of constantinus , son of constantine , in the year or . this being one of the councils , which either determine heretical opinions , or raise up schisms and troubles to the dispersing of the christian flock , doth not undeservedly pass under the name or notion of one of the rejected councils . to this assembly resorted bishops , under pretence of dedicating the church of antioch , built by constantine , when in truth their principal design was to eject athanasius out of his chair , and to subvert that systeme of faith , which was set down in the nicene council . this council of antioch is to be distinguish'd from five others which bellarmine reckons ; longus also doth name this , and mentions other councils of antioch . but this council is referr'd to the time of constantinus , and julius the first . athanasius being restored from banishment by constantine , the son of constantine the great , the arrians declare it to be unlawful , because the same authority which did eject , must restore : this matter therefore being referr'd to pope julius , he summons the synod to appear at rome . but the eusebians , chief of the hereticks , that they might avoid this , did without much difficulty seduce constantius to be at the consecration of the magnificent temple built by constantine the great at antioch : where were met about bishops , as aforesaid , whereof being arrians , the favour and authority of the emperour , against the double suffrages of the orthodox procured the condemning of restored athanasius . it is said of this council , that they did set forth a form of belief so intermixed with truth and error , that he which is heedful lest he be deceived , in his greatest warlness can scarcely be safe ; for by the omission of what might establish the truth , they weaken that which they undertake to maintain . to this council probably may be referr'd two other councils , which some report to have been held also at antioch about the year . the former whereof was occasioned by the favour , which julius bishop of rome shewed to athanasius bishop of alexandria , and other bishops . in the other the arrians did set forth a new sum of their faith , which being sent to the bishops of italy , was refused by them , adhering to that of the nicene council . at sardis in illyricum in the year . by the command of constantius and his brother constans a great national council was assembled , consisting of bishops , whereof three hundred were from the west , and seventy six from the east , from thirty five provinces in all . the three hundred western bishops confirmed the nicene creed , to this end , that athanasius , who was banished rome for the space of three years , should be restored to his place at alexandria ; but the other seventy six arrians meeting at philippolis confirmed arrianism under the title of the council of sardis . in this council by reason of the arrian faction , and from thence forward , were added different affections to different opinions . in this council , which is commonly called an appendix to the first nicene council , were ratified canons under pope julius . at sirmium in illyria in the year . by command of the emperour constantius a council was held , where were present besides eastern , three hundred western bishops and upwards for the hearing and deciding the cause of photius , who complained to the emperour that he was unjustly condemned at the synod of sardis , although he had preached that christ was meer man , and inferiour to his mother . this council at sirmium so groaned under the arrian tyranny of constantius , that the supremacy and presidentship of pope liberius dared not to appear ; photius bishop of sirmium having renewed the heresies of sabellius and samosatenus : of this council ( saith longus ) there is nothing extant besides three forms of belief , which are found in binius . in this synod there was a hot dispute between basilius bishop of ancyra , an arrian heretick , and the said photius a sabellian heretick . at millain in the year . at the instance of the arrians a council consisting of three hundred of the occidental bishops at the command of constantius was assembled , who ( after that the emperour constans was slain by magnentius ) had the whole sovereignty both of the east and west in his hands . this council was conven'd partly for ratification of the sentence pronounced against athanasius at tyrus , and partly for subversion of the nicene faith , but prevailed in neither . in this council the emperour himself was president , liberius being pope ; i ( saith the emperour in this council ) am an accuser of athanasius . the western catholick bishops there present ( for there were few eastern ) promised to consent to the arrians , if they would first subscribe to the nicene creed . but valence and vrsacius , the chief leaders of that faction withstood them . then followed the degrading of the bishops , and the corrupt ecclesiastical determination . this was effected especially that they might allure liberius bishop of rome , either by gifts or threats to their way , who is reported thus heroically to have answered the emperour ( who had judg'd him to be banished to thrace , and offered him the charge of his journey ) viz. thou hast robbed the churches of the earth , and now offerest to me condemned an indigent an alms ; go first and become a christian thy self . at ariminum in italy about the year . was held a national council , consisting of more than four hundred western bishops , under the emperour constantius in the d year of his reign , at the motion of the arrians , to whose opinions the said emperour was flexible enough ; but the major part of the said bishops rejecting the motions made in favour of the arrian error , touching the son of god , adhered closely to the nicene faith. this ariminum is ( it seems ) famous for two councils ; the one orthodox , and lawfully called , which is that aforementioned . the other heretical and tyrannical , craftily called by the arrians under the notion of the council held at ariminum , that this false one might extinguish the true one ; whereof the greater part determined the nicene creed punctually to be observed , and the sons equality with the father in essence to be asserted : the decrees of the synod at sirmium to be rejected : and vrsacius and valence with the arrians , their followers , to be excommunicated . at seleucia in isauria , which lies between lycania and cilcia , whence paul and barnabas sailed to cyprus , act. . . was a council of oriental bishops , held the same year wherein the said national council of ariminum was held , viz. an. . the business of this council , procured ( as the former ) by the arrians , was much prevented by a contest arising touching precedency of debates , as whether the matter of faith , or the lives of such as were to be accused , should first fall under examination . at this time there being convened at ariminum bishops ( according to bellarmine out of the chron. of jerome ) of which the eastern heterodox being overpowr'd both in number and arguments by the orthodox , the emperour constantius removes them unto seleucia in isauria aforesaid . here the acatians altogether reject consubstantiality , the semi-arrians admit it in their sense : in this diffention the semi-arrians prevail , and determine , that the form of faith composed at the dedication at antioch , should be retained and subscribed unto ; but they ejected the dissenting acatians or arrians from their places . at constantinople , where the acatians remained after the council at seleucia , were assembled by them about bishops out of bythinia and other adjacent parts . in this synod they confirmed the sum of faith read in the council of ariminum . at antioch in the th year of constantius his reign another council was convened , with design or ordering matters so , that for the time to come no man should call the son of god consubstantial with the father , nor yet of a different substance from the father ; but neither in this council could the arrians perfect their intended purpose of inventing a new sum of faith. at laodicea , not that laodicea nigh antioch in syria , but at laodicea the metropolis of phyrgia , and one of the seven churches of asia , to which john in his banishment wrote from patmos , at this laedicea a synod was assembled about the year . wherein nothing was determined concerning matters of faith , only the worshipping of angels was damned as an horrible idolatry , and a forsaking of christ ; also the books of the canonical scriptures were particularly set forth , wherein no mention was made of the books of the machabees , of ecclesiasticus , or other apocryphal books . in illyricum about the year under the emperours valentinian and valens , not yet infected with the arrian heresie , was held a council , wherein the nicene faith had confirmation and allowance . at lampsacum nigh the hellespont under the emperour valens was a synod of macedonian hereticks , who ratified the council of seleucia , and damned that of constantinople by the acatians . at rome under the emperour valentinian in the west , damasus bishop of rome convened a council , wherein was confirmed the nicene faith. at constantinople in the year under theodosius the emperour , was a general council held , consisting of bishops , whereof were infected with the macedonian heresie , which blasphemously held the holy ghost to be a creature , a minister and servant , not consubstantial with the father and the son. from this council the said hereticks having withdrawn themselves ; they which remained in council damned the heresie of macedonius , and confirmed the nicene faith , with ampliation of that part of the symbol which concerned the holy ghost , in this manner , viz. i believe in the holy spirit our lord , giver of life , who proceedeth from the father , and with the father and the son is to be worshipped and glorified . this council was held under gratian and theodosius the great , and damasus . they condemned and discharged macedonius bishop of constantinople , for his perfidious opposing the deity of the holy ghost , together with maximus cynicus by reason of his doctrine against discipline . the emperour null'd all confessions , except that of those who acknowledged christ coessential with the father , which our present liturgy retains under the name of the nicene creed . it is thought that gregory nazianzen compiled it , according to the sense of the synod . at constantinople under theodosius another council was held , whence a synodick letter was sent to the bishops then conven'd at rome , declaring the troubles they sustained by hereticks ; and as to matters of discipline recommended unto them the canons of the council of nice . at constantinople in the fifth year of theodosius his reign , a great national council was again conven'd , wherein the hereticks were divided among themselves touching what credit they should give in matters of faith to the fathers that preceded their time ; whereupon that good emperour rent in pieces the sums of the arrian , eunomian , and macedonian faith , and ordained the homousian faith only to take place . at carthage the second council was assembled under theodosius , nigh the time of the foresaid general council held at constantinople , wherein the nicene faith was confirmed , abstinence from matrimonial society with infidels and hereticks recommended to ecclesiastical persons . at nice there was another council an. . under constantine , which wholly restored the images and statues of irene , together with the reliques formerly broken in pieces by leo isaurus his grandfather , and constantine copronymus his great grandfather , the business being chiefly promoted by gregory the second and the third , together with adrian the first , and tarasius patriarch of constantinople . there met at this council ( which is one of the greek or eastern oecumenical councils ) bishops , who with the said tarasius president of the said council , by canons condemned image-breakers for hereticks . bellarmine and baronius imagine , that this synod was condemned by the fathers at the council of franckfort under charles the great , which yet is denied by binnius , surius , and others , according to longus , pag. . at carthage a third council was assembled in the year , at which augustine bishop of hippo was present , wherein it was ( inter alia ) ordained , that the bishop of rome should be called the bishop of the first seat , but not the high priest , or the prince of priests . likewise , that nothing except the holy canonical scriptures should be read in churches under the notion of holy books . at carthage a fourth national council was held under the reign of honorius about the year . consisting of bishops , at which augustine bishop of hippo was also present , and wherein were nigh as many canons made as were bishops assembled ; wherein among other things it was ordained , that a bishop should admit no man to a spiritual office without advice of the clergy ; nor pronounce any sentence without such advice : that refusers to pay unto the church the oblations of persons deceased , should be excommunicated . whereby it appears , that oblationes defunctorum were not soul-masses said for the dead , but charity by way of testamental legacies . at cyprus under the reigns of arcadius and honorius was assembled a council by epiphanius . and at alexandria by theophilus , under pretence of damning the books of origen . also at constantinople by the malice of eudoxia , the wife of arcadius the emperour , to depose john chrysostome bishop of constantinople . at carthage about the year . a fifth council was held , wherein the opinions of pelagius and coelestius were damned as heretical ; and whereby it was declared , that the adoration of reliques was at this time the custome of ethnicks , and appointed , that supplication should be made to the emperours ; that such reliques as were found in images , groves , and trees , or elsewhere , should be abolished . at toledo in spain under the reigns of arcadius and honorius , was a council assembled for confirmation of the nicene council , and refutation of some errors . at melevitum in numidia was assembled under the reign of arcadius a council , whereof st. augustine was president ; which was assembled chiefly to finish the work begun at the fifth council of carthage , in condemning the heresies of pelagius and coelestius , concerning the power of mans nature , not supported by the grace of god , and free will of man to do good of it self ; as also to inhibit appeals to bishops beyond sea , on pain of being secluded from the communion of all african bishops . at carthage in the year under honorius and theodosius the second ; a national council of bishops was assembled , which continued for the space of six years : the business of this council was prevented by a controversie happening between them and the bishops of rome , who successively endeavoured ( but not successfully ) to perswade the african bishops , that they were under the sovereignty and jurisdiction of the bishops of rome ; to whom this council would not allow of any appeal from the bishops of africa . at bagaia in africa about the year . certain donatists to the number of assembled themselves in council , chiefly for the deposition of maximinianus , bishop of bagaia , whom they deposed and accursed , because he had renounced their heresie , and had recovered many others from the error of that way . at ephesus in the year . and in the eighth year of the reign of theodosius the second , by some called theodosius the younger , was a general council assembled against the heretick nestorius bishop of constantinople ; which council consisted of above two hundred bishops , by command from the emperour : by which council nostorius , for his heresie in denying the son of the virgin mary to be god , and consequently the personal union of the divine and humane nature of christ , was banished to oasis . this was the first general council of ephesus , promoted by celestine the first , wherein two hundred bishops ( as aforesaid ) condemned nestorius together with carisius his flattering presbyter , who instead of two natures acknowledged divers persons in christ , and therefore pleaded that the blessed virgin mary should be styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only , and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in this council cyrillus of alexandria is recorded president , whom nestorius , being piously and brotherly invited to a better opinion proudly contemned , and having craftily allured john of antioch to his party , anathematiz'd him and the council , who had formerly anathematiz'd him . the matter being related to the emperour , and throughly understood , cyrillus and his are cleared , but nestorius with his party is banished ( as aforesaid ) to oasis , a sandy habitation , where like another cain ( says a modern historian ) roving here and there , blaspheming , at length his tongue being consumed and eaten up by worms , he breathed out his last . there are ( it seems ) two copies of this council , the first observing eight , the second thirteen canons , which are comprehended in the anathema's of cyrillus . the massilianites , termed also euchites and enthusiasts , were condemned by this council , and thereby the integrity of the nicene creed confirmed . at ephesus under theodosius the second was likewise a particular council assembled by flavianus bishop of constantinople , who condemned eutyches an abbot of constantinople , for affirming , that in christ , after the union of the divine and humane natures , there were no longer two natures ; which absurd opinion flavianus damned as heretical . so that the occasion of this second council of ephisus , an. . was this eutyches , an archimandrite of constantinople , who after manes and apollinaris denied the flesh of christ to be like ours , but affirmed , that falling from heaven like the rays of the sun , it penetrated the virgins womb . and so he denied that two natures were in christ incarnate ; but asserted , that his flesh was changed into his divinity : for which he was ( as aforesaid ) condemned by flavianus patriarch of constantinople , and eusebius bishop of doril , and others their associates ; yet by the help of chrysaphius the eunuch , and eudoxia the empress , whom he had seduced , he prevailed with theodosius , that the matter might be determined by a famous synod ; for which reason this at ephesus by the emperours authority was called , where bishops met , dioscorus of alexandria being president , one so full of eutychianism , that eutyches is absolved , and the reclaimers forced ( says the historian ) to subscribe by club-arguments . flavianus opposing it , was so suriously trodden upon , that three days after he died ; besides , many very learned bishops discharged of their places ; yet not long after all this was dashed in pieces by the most famous council of chalcedon . at berytus in phoenicia was held a council about this time , where in the cause of ibas bishop of edessa , whom dioscorus had deposed , was revived , and himself justified and absolved . at agatha in france was a council held , wherein nothing was more remarkable , than that they had liberty to meet together by the command of alaricus king of gothes , who at that time had the sovereignty in that parr of france called gallia norbonensis ; whence it appears , that councils both general and national , were in all countreys convened by the authority of sovereign princes . at chalcedon in bythinia in the year . and in the fourth year of marcianus the emperour was a general council , at which was present in person the emperour , and bishops and reverend fathers from most parts of the world. in this council dioscorns bishop of alexandria , together with eutyches and juvenalis bishops at jerusalem , was condemned as an heretick , for absolving the heretick eutyches in the council at ephesus , and acting other crimes , whereof he was then accused . in this council it was ordained , that men should believe , that the natures of christ , albeit that they were united , yet were they not confounded , as eutyches had heretically affirmed . also in this council it was ordained , that anatelius bishop of constantinople and his successors , should have the chief dignity next unto the chair of rome . this council was called by the said emperour martianus against the said eutyches , abbot of constantinople , and his champion dioscorus of alexandria ; the suppositious acts of the council held at ephesus were condemned by this council , those of ephesus being in favour of eutyches , who affirmed one only nature to be in christ , viz. his divine nature , after his incarnation . it is not clear or certain , who was president of this council of chalcedon , excepting the emperour , and judges moderators : the matters thereof were for the most part by favouring parties between leo the first of rome , and anatholius patriarch of constantinople . at ravenna in the sixth century , was a council assembled by occasion of the schism happening on the election of symmachus to the see of rome , whose competitor was laurentius , afterwards made bishop of nuceria . in symmachus his time were no less than six councils held at rome , all convened by authority of theodoricus king of gothes , who then reigned in italy , and all of little importance , otherwise than the endeavours that then were for the supremacy , whereat they aimed . at valentia in spain were assembled two councils , called herdense and valentinum , both very obscure councils , there being in the one but eight bishops present , and only six in the other . in the first of these , marriage was prohibited the time of lent , and three weeks before the feast of st. john the baptist , and during the time between advent and epiphany . at sidon in the twentieth year of the emperour anastasius a national council of bishops was assembled , by the procurement of xenaeas bishop of hierapolis , for undoing the council of chalcedon , which as far as in them lay , they did accordingly . at aurelia , that is , orleance in france in the d year of anastasius , and under the reign of clodoveus king of france , were convened bishops , on purpose to settle some order in ecclesiastical discipline , which by reason of the irruption of barbarous people into the countrey of france , had been brought into great disorder . at gerunda and caesaraugusta in spain were two councils under theodoricus king of gothes then reigning in spain . in the former of these were only seven bishops convened , who made some constitutions , chiefly about baptism : in the latter were eleven bishops , and they in opposition to supersitition and the manichaean hereticks , prohibited fasting on the lords day . at rome in the sixth century , by the mandate of theodoricus king of gothes , reigning in italy , a council was assembled by hormisda bishop of rome , wherein the error of eutyches is damned de novo , and ambassadours sent to the emperour anastasius , and to the bishop of constantinople , to divert them from that error . at constantinople in the same century under the emperour justinus was another council convened , wherein many great accusations were exhibited against severus bishop of antioch , who was then condemned of heresie , and afterwards banished by the emperour . at toledo in the same century was a second council assembled , partly for renewing ancient constitutions , and partly for making new in order to ecclesiastical discipline . by the first canon of this second council of toledo , marriage was tolerated to such of the clergy , as on their initiation to that function protested that they had not the gift of continency . at constantinople in the year . under justinian was another council consisting of one hundred sixty five bishops , menes being president , or rather his successor , eutychius patriarch of constantinople ; but pope vigilius , who came to constantinople to summon the emperour , yet would not himself be present at the council , lest a seeming yielding to eutychius might be prejudicial to his supremacy . the emperour endeavoured to reconcile the eutychians and the orthodox for the publick tranquillity , and therefore would have revoked the articles concerning the condemning of theodorus of mopsuesta , and of theodoret against cyrillus that was anathematized . but the western churches with pope vigilius constantly opposed it , and confirming not only the decrees anathematizing those hereticks with their heresies of former councils , but also of chalcedon . the errors of origen also expunged , which either denied the divinity of christ , or the resurrection of the body , or affirmed the restitution of reprohates and devils . consult concering this council , zonar . in vit . justinian . if this be that council which some report to have been at constantinople under the emperour justinian in the year . there appears above twenty years difference in computation of time. this council is said to have been occasioned chiefly for pacifying the controversie between eustochius bishop of jerusalem , and theodorus ascidas bishop of caesarea cappadocia , touching origens books and tenets , as also for the determination of other contentious disputations . in this council a question was moved , whether men that were dead , might lawfully be cursed and excommunicated ? to which it was answered , that as j●sias not only punished idolatrous priests while they were alive , but also opened the graves of them that were dead , to dishonour them after their death , who had dishonoured god in their life time : even so , the memorials of men might be accursed after their death , who had disturbed the church of christ in their life . at orleans under childebertus king of france were frequent meetings and assemblies of bishops , the , , , councils , whereby many constitutions were made prohibiting marriage to priests ; and in the fourth canon of the second council simony was damned . at overnie in france under theodobertus king of france , the bishops who were present at the councils of orleans , did assemble and ordained , that no man should presume to the office of a bishop by favour , but by merit . at tours under aribertus king of france a council was held , wherein provision was made against such poor as wandered out of their parishes . in this council several constitutions also were made relating to bishops and the other clergy in reference to marriage . at paris a council was held , wherein order was taken concerning the admission of bishops to their offices , and that not to be by favour , but with the consent of the clergy and people . at toledo assembled a council of bishops , where recaredus king of spain , and the whole nation of the west-gothes in spain renounced the arrian heresie . at constantinople under the reign of maruitius a council was held , for trying the cause of gregorius bishop of antioch accused of incest , but declared to be innocent , and his accuser scourged with rods , and banished . at matiscon about the time of pelagius the second , a council was held , wherein command was given , that none of the clergy should cite another , having a spiritual office , before a secular judge . and that she who is the wife of a man that becomes a bishop or a presbyter , should after such dignity become his sister , and he be changed into a brother . at matiscon another council was convened under gunthranns king of france in the th year of his reign , wherein it was ordained , that children should be baptized at easter and whitsontide ; and that secular men should reverence the clergy . at rome in the year , and in the thirteenth year of the reign of the emperour mauritius , was a council assembled of bishops and presbyters , wherein the first four general councils were confirmed ; and that for ordination of men in spiritual , no reward should be given or taken . before the conclusion of this sixth century , and precedent to the councils last mentioned , there were some other councils of less moment , such as concilium gradense , braccarense , lataranense , lugdunense , pictaviense , & metense , which being for the most part employed chiefly in damning old heresies , and in contentious disputations , are here omitted . at rome in the year . under phocas the emperour , a council of bishops , presbyters , and deacons , was assembled . in this council the priviledge of supremacy given by phocas to the roman church was published . and in the eighth , that is , the last year of phocas , boniface the fourth assembled another council at rome , wherein he gave power to the monks to preach , administer sacraments , hear confessions , to bind and loose , and associate them in equal authority with the clergy . at braga or bracara in portugal , an. . under the reign of gundemarus king of gethes assembled some bishops of gallicia , lusitania , and of the province of lucensis , whereby it was ordained , that every bishop should visit the churches of his diocess ; that they should receive no rewards for ordination of the clergy ; and that a church builded for gain , and contribution of the people , redounding to the advantage of the builder , should not be consecrated . at auxerre in france , an. . assembled a number of abbots and presbyters , with one bishop and three deacons . in this synod they damned sorcery , made many superstitious constitutions , as touching masses , burials , marriages , prohibition of meats , &c. at hispalis , commonly called civil la grand , in spain , in the year . and in the th year of the emperour heraclius , a council was assembled by isidorus bishop of hispalis , at the command of king sisebutus , for suppression of the heresie of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a branch of the eutychian heresie , and for the decision of some questions touching the bounds of their dioceses . at toledo in spain , an. . under the reign of sisenandus king of spain , by the kings command were more than bishops and presbyters conven'd upon occasion of diversity of ceremonies and discipline in that kingdom . this was the fourth council at toledo . at toledo in the first year of chintilla king of the gothes , about the time of the emperour heraclions reign , a fifth council was held , conven'd by eugenius bishop of toledo . in this council nothing considerable was done , but in reference to annual letanies , and the appointment of supplications for the king. at rome in the year . was a council convened by martinus pope , consisting of more than bishops , occasioned by the error of the monothelites , obstinately maintained by paulus of constantinople , and countenanced by the impious edict of the emperour constans . the constitutions and decrees made in this council tended to condemn those that denied the trinity , the divine unity in the divine nature , the manifestation of the second person of the trinity , and his sufferings in the flesh . at toledo in the year . a sixth council was held , consisting of fifty two bishops , whereof eugenius bishop of toledo was president . the occasion whereof was the renovation of old heresies , and contradiction to precedent councils . the fourth canon of this council is against simony , and the eighteenth is against rebellion . at toledo in the year . a seventh council is held , of archbishops , bishops and many presbyters . the first canon of this council is against sedition and treason . by the fourth canon it is forbidden , that bishops in their visitations should extort , or oppress their churches . at quinisext ( so termed by balsemon ) the same year , viz. . was held a council , which by bede and many others is accounted an erroneous synod ; it was convened under justinian the second and pope sergius , wherein the fathers thought fit to supply the defect of the fifth aud sixth precedent synods in reference to manners and ecclesiastical discipline , for which reason they ratified canons , in the † trullo of the imperial palace , whence they are called trullans . these are rejected by such latins , whose consent went not to the stablishment thereof , specially not empowr'd and authoriz'd thereto by the pope . in the th canon thereof the patriarch of constantinople is equalled to the roman , and in the th canon matrimony is granted to the clergy . at chalon in burgandy by the command of clodoveus k. of france a council of bishops assembled , wherein the canons of the nicene council had great approbation ; and it was forbidden , that two bishops should be ordained in one city ; and decreed , that no secular work should be done on the lords day . at rome in the time of constantinus pogonatus emperour under the popedom of agatho was held a council , wherein it was declared by the suffrages of bishops , that two wills and two operations were to be acknowledged in christ ; and the defenders of the heresie of the monothelites were condemned . at toledo in the year . an eighth council of bishops was assembled , wherein were high debates concerning perjury ; at last it was resolved , that no necessity obligeth a man to perform an unlawful oath . in this council marriage was utterly forbidden to bishops , and eating of flesh in lent. at toledo in the year . and in the seventh year of recesuvindus king of gothes , and by his command , were convened bishops , which was the ninth council at that place ; and in which several canons were made touching the discipline of the church . at toledo in the eighth year of the said kings reign was the tenth council , consisting of bishops , who made some decrees touching certain festivals , and others relating to the clergy , and removed protamius bishop of bracara from his office , being convict of adultery . at toledo in the seventh year of bamba king of gothes bishops and seven abbots were assembled by the kings command , wherein several canons were made concerning ecclesiastical discipline . at bracara a second council was held ( the first according to caranza , ) wherein many old opinions of the priscilianists and manichaeans concerning prohibition of marriage and meats are condemned , together with the heresies of samosatenus , photinus , cerdon , and marcion : and in the th canon of this council it was ordained , that no poesie should be sung in the church , except the psalter of the old testament . at bracara in spain in the time of bombas king of gothes another synod of eight bishops was assembled , wherein the nicene faith is again rehearsed . in the fifth canon of this synod it is ordained , that upon festival days reliques enclosed in an ark , shall be born on the shoulders of the levites , as the ark of god in the old testament was accustomed to be born . at constantinople in the year . in the twelfth year of the reign of constantine pogonatus a general council was held , pope agatho procuring it by his legates . in this council were convened bishops ( they who reckon or do compute the absent romans , and others consenting thereto , ) the emperour himself was president . in this council was discussed the question touching the wills and actions of christ : here were condemned the monothelites , sergius , cyrus , pyrrhus , peter , paul , theodorus , together with pope honorius ; who in the defence of eutychianism pleaded , that there was one only will in christ . this council confirmed the canons , not only of general , but also of particular foregoing synods , as of antioch , laodicea , and others . it also added , what was to be approved in the orthodox writings of the fathers , as appears by the second canon of this council . vid. paul. diacon . in vit . constant . at toledo the twelfth council , consisting of bishops with some abbots , and of the nobility , assembled the first year of the reign of euringius , to whom bombas king of the gothes resigned his royal authority , chusing rather to be shaven than to wear a crown , and to enter into a monastery than to fit on the throne of majesty . this council ( as to the confession of faith ) adhered to the council of nice , and confirmed the acts made in precedent councils against the jews . other councils there were at toledo under the reigns of euringius and egista , but not of such remark , as needs any apology for their omission . at london in the year . under the saxons reign a council was assembled , at which the popes legate bonifacius , and the chief prelate of england brithwaldus was present . the two grand points treated in this council , were concerning the worshipping of images , and prohibiting marriage to persons in spiritual orders . at constantinople about the same year of . a council was called by the emperour philippicus , for the undoing or the sixth general council , wherein the error of the monothelites was condemned . at rome in the year . a council was assembled by pope gregory the second , whereat two bishops of britain were present , sedulius and fergustus . most of the canons made at this council did concern marriage , masses , s●rceries , and the mandates of the apostolick chair . at rome a great council of bishops was assembled by pope gregory the third , having received a mandate from the emperour leo for the abolishing of images . in this council was the emperour leo excommunicated , and deprived of his imperial dignity , because he had disallowed the worshipping of images . now is the popes banner displaied against the emperour , which is the forerunner of that enmity which ensued between the pope and the emperours . in france in the year . under the reign of charles the great , zacharias the first being then pope , a national council of the bishops , presbyters , and clergy of france was assembled by bonifacius archbishop of mentz , according to the mandate of king charles . this council was called for reformation of abuses in that countrey , or rather to reduce it to a conformity unto the rites of the roman church . at constantinople in the year . and the thirteenth year of the emperour constantinus copronymus a general council of bishops was assembled by the emperours command . in this council the worshipping of images was damned , and the placing of them in oratories and temples , as a custome borrowed from the pagans was forbidden ; yet in the th and th canons of this council the invocation of saints is allowed . the council of constantinople is by some accounted two , which others contract into one , but the distinction ( it seems ) is manifest , because the first is said to be celebrated under father leo isaurus , an. . the second by constantius copronymus in the year , as aforesaid . the one opposeth the worshipping of images and reliques , on which account both may be esteemed as one , or at least united . the first under leo discovers intercession of saints to be imaginary , and the worshipping of images meer idolatry . germanus patriarch of constantinople , and john damascene , and others , too much inclined to images , are deprived of their dignities . gregory the third intercedes for images in a roman anti-synod , in which he excommunicated the eastern with the mark of heretical image-breakers ; but this did not terrifie the said constantine copronymus from declaring himself to be an image-breaker ; but assembled bishops at constantinople , as aforesaid , over whom himself was president , and persecuted the maintainers of images . some will have this and the seventh council as occumenical ; but the romans so abhorr'd it , that for this controversie about images they denied their subjection to the greek emperours : whenc afterwards ensued the western and eastern division , never to be reconciled . how well the nicene council corrected the errors of this , appears by the decrees thereof . at francfurt in the year . a council was convened , but it is not agreed , whether it was an occumenical or provincial council ; the more ancient writers will have it to be oecumenical , because it was called by charles the great , and adrian the first , and it consisted of at least bishops ; yet the latter writers will have it provincial , because it seems not to favour images . the reason of the convening of this council was , because elipardus archbishop of toledo , and felix vrgelitanus bishop of aurelia or orleance in france , preached , that christ was only the adopted son of god , which aquinas refutes . part . q. . art . . but binius with longus and others will have it , that this council or synod confirmed the opinion of the d nicene council concerning the adoration of images , which bellarmine will not believe , though he wishes it to be true . at nice in bythinia in the year . a council of bishops was assembled ; in which it was ordained , that the image of christ , the blessed virgin mary , and of the saints , should not only be received into places of adoration , but also should be adored and worshipped . at frankford in the year . a great council was assembled by charles the great , king of france , partly by reason of the heretick felix , who called christ the adopted son of god in his humane nature , and was condemned in a council at ratisbone , an. . partly also by reason of great disputes that were in most places concerning the worshipping of images , disallowed in the council of constantinople , but allowed in the second council of nice . at mentz in the year . by the command of carolus magnus , was assembled a council of bishops , abbots , with a great number of priests , monks , counts , and judges , about reformation of the dissolute manners of ecclesiastical and lay-persons . at rhemes in the same year . a council was assembled by the command of charles the great , who not only called that famous council of frankford , an. . in which the adoration of images was condemned , but also about one and the same time , viz. an. . appointed five national councils to be convened in divers places for reformation of the clergy and laity , viz. at mentz aforesaid ; this at rhemes ; another at tours ; a fourth at chalons ; and a fifth at aries . in all which no opposition was made to the foresaid council of frankford , nor was the adoration of images avowed in any of these councils . at tours , an. . at the command ( as aforesaid ) of the emperour carolus magnus a council of many bishops and abbots was assembled , for the establishing of ecclesiastical discipline in tours . at chalons , an. . was the fourth council convened the same year under charles the great , and by his command , for the reformation of the ecclesiastical state ; the canons whereof for the most part are consonant to those made in the said former councils under charles the great . at arles the same year of . wherein the four preceding councils were held , another was convened by command of charles the great , wherein as to matters of faith , church-discipline , regulation of the clergy , reformation of manners , &c. the canons generally agree with those of the said four preceding councils . at constantinople in the year . in the third year of basilius emperour of the east , and under the reign of lewis . emperour of the west , a council was assembled by basilius the emperour against photius the patriarch of constantinople ; in which council he was deposed and excommunicated , and the books he wrote against the bishop of romes supremacy above other bishops , commanded to be burnt . at this council the ambassadours of pope adrian the second were present , and great endeavours used to have all things therein framed to his content . in this council the worshipping of images was again allowed ; and it was commanded , that the image of christ should be held in no less reverence than the books of the gospel . at acciniacum in france a council consisting of ten bishops was convened by carolus calvus . in this council hincmarus bishop of laudunum was deprived of his office , and his eyes thrust out ; but pope john the th . under the reign of carolus crassus , restor'd him to his office , because he appealed from his own bishop and a synod in his own countrey , to the chair of rome . at strasburgh in the year . and in the eighth year of the emperour arnulphus , bishops of germany were assembled . many of the constitutions of this synod ( according to caranza ) are in effect the same with the canons of former councils . in the th canon of this synod it is ordained , that a man , whose wife is divorced from him by reason of her adultery , shall not marry again during her life . at ravenna in the year . a council of bishops was convened , whereat was present carolus simplex , king of france . in this council the acts of pope formosus had allowance , and the decrees of stephanus the sixth were condemned and burnt . at rhemes under the said carolus simplex a council was assembled for correcting the abuses of church-rents , a great part whereof under pretence of the kings necessary occasions , was converted by some courtiers to their own use , against which fulco archbishop of rhemes declaring his mind freely in council , was slain by vinemarus one of the oppressors at court ; the like not having been known since the second council of ephesus , called a council of briggandry , wherein flavianus bishop of constantinople was slain . at rome in the time of otto the first a great council was assembled against pope john the th . or as others affirm , pope john the th . in this council the pope was accused of ordaining a deacon in a stable , of simony , of adultery , of making the sacred palace like a baudy-house , of murthering benedict his spiritual father , of gelding john an archdeacon , of raising fire , of drinking to the devil , of distributing the golden crosses and chalices to his harlots , of imploring help from jupiter and venus in his playing at dice , and of his not signing himself with the sign of the cross . at canterbury in the year . a council was assembled , when dunstanus was bishop thereof . the question that was most in debate at this council , was concerning marriage in relation to such persons as were in spiritual orders , the which dunstanus ( whether his crucifix spake true or false , if it spake at all ) declared his judgment against . at constantinople under the reign of nicephorus phocas emperour of the east was a council convened , by reason of nicephorus his taking to wise theophania the reflict of his predecesso● romanus , having been witness in baptism to theophania's children ; the which so displeased polyeuchus patriarch of constantinople , that for the same he debarr'd the said emperour from holy things , and so in effect excommunicated the emperour of the east . at rhemes , an. . in the ninth year of the emperour otto , and in the fourth of hugo capeto king of france a council was convened against arnulphus bishop of rhemes for countenancing duke charles , who claimed the crown as next heir , being brother to lotharius . whereupon arnulphus was deposed , and denuded of his episcopal dignity , who yet afterwards was restored to it again by another council at rhemes , call'd by pope john the thirteenth . at arles in the year . and under the reign of the emperour henry the second , a council was assembled in order to the appeasing of the wrath of god and his indignation at that time manifested against the greatest part of the whole world. at halingnustat in the year . under the emperour henry the second a council was assembled , wherein great endeavours were used to make a conformity and unity in observation of ecclesiastical rites and ceremonies in germany ; wherein laws were made concerning the degrees of consanguinity . at triburia , an. . under the reign of the emperour conrade the second a council was assembled , at which the emperour was present , wherein were made some constitutions concerning fasting . at sutrium in italy , an. . under the reign of the emperour henry the third was an assembly by the emperour for the pacifying that grand schism in the roman church , when three popes at once contended for the popedom , viz. benedict the ninth , silvester the third , and gregory the sixth , all which the emperour and the council dispoped , and chose one sindigerus bishop of bamberg to be pope , whom they called clemens the second . at rome about the year . leo the ninth assembled a council at rome against berengarius deacon at angiers , who disapproved the opinion of transubstantiation , viz. [ that after the words of consecration the substance of bread evanished , and the substance of the body and blood of christ was in the sacrament , under the accidents of bread and wine ; ] whose letters touching this matter , not finding lanfrankus bishop of canterbury ( to whom they were directed ) in normandy , were delivered to some of the clergy , who opening the same , sent them to pope leo the ninth , whereupon this council at rome was assembled , wherein the said letters of berengarius being read , they condemned him ( though absent ) as an heretick . at vercellis the same year leo the ninth assembled another council against berengarius . at tours in the year . pope victor the second assembled a council against berengarius , who there answered , that he adhered to no particular opinion of his own , but followed the common doctrine of the universal church . at rome in the year . pope nicholaus the second assembled a council of bishops against berengarius , who submitting himself to the pope and councils correction , they prescribed him a form of renunciation of his error , so there called , which he accepted and recanted , yet afterwards published a refutation of the same doctrine . in this council it was ordained , that the election of the pope should belong to the colledge of cardinals . at millan , an. . pope nicholaus the second by petrus damianus held a council , wherein the two chief points debated were touching simony , and the error of the nicholaitans , whereof they counted such priests guilty as had married wives , though they did not ( as the nicholaitans ) make them common . at mantua , an. . the emperour henry the fourth assembled a council for pacifying the differences in the roman church , between alexander the second , and candalus , called honorius the second , wherein alexander was declared pope , and candalus pardoned . at winchester pope alexander the second by two cardinals sent into england , assembled a council to appease the troubles of the church in this kingdom ; wherein they deposed certain bishops and abbots , among whom stigandus bishop of canterbury , because he had possessed that chair , robert archbishop thereof being then alive , and because he possessed another bishoprick with it , viz. the bishoprick of winchester . at friburgh ( anciently called tributia ) the bishops of germany assembled themselves in a council , in which they declared the archbishop of bremen to be an enemy to their countrey , except he delivered up the young emperour henry the fourth , to be educated according to the covenant made between the princes and bishops of germany during his minority . at mentz , an. . a council was assembled in order to a divorce of the emperour henry . from his wife , from which he was disswaded by the arguments of petrus damianus the popes nuncio for that purpose . at erfurd , an. . the bishop of mentz assembled a council , in order to an observance of a command from pope gregory th . touching a separation of the priests within the bishoprick of mentz from their wives , or else to depose them from their offices . by reason whereof , as also by reason of the bishops exaction of tithes from turingia , this council rose in a tumult and great confusion re infecta . at mentz , an. . the bishop thereof ( being commanded by pope gregory th . to separate the priests from their wives ) convened a synod , but the married priests so terrified the bishop of mentz , and the bishop of chur the popes nuncio , that this council also , as the former , was dissolved , and nothing done . at wormes the emperour assembled all the bishops of his kingdom in order to a deposing of pope gregory th . otherwise called hildebrand , accused of perjury , ambition , avarice , and pride . the determination of this council was , that he should be removed from the popedom , which was subscribed by all the bishops present at the council . at friburgh , an. . another council was assembled , wherein the princes of saxony and sweve appeared in favour of the see of rome against the emperour henry the fourth . at rome by order of the pope a council was assembled in lent , wherein the emperour henry th was not only anathematiz'd , but also denuded ( as far as in them lay ) of his imperial dignity . at brixia in the year . the emperour henry th assembled bishops of germany and italy , together with many princes of the empire : all which consented , that hildebrand should be deposed from the popedom , and gilbertus bishop of ravenna placed in his room . at rome , an. . the emperour henry th . with the advice of the roman senate appointed a council to be assembled , wherein hildebrand was deposed , and gilbertus , otherwise wigbertus , to succeed in the papacy . this council was called by the said emperour soon after he had besieged and taken the city of rome . at beneventum a council was assembled by pope victor the third , who before his election to the papacy was named desiderius , abbot in cassinates , chosen by the romans , not regarding gilbertus whom the emperour had made pope . in this council victor the third anathematized gilbertus bishop of ravenna . at clermont in overnie of france in the year . vrbanus the second convened a great assembly , wherein it was ordained , that an army should be raised for support of the distressed christians in jerusalem , and recovery of the holy land out of the hands of the infidels : the which was likewise ordained in the council of placentia , and other councils of the lesser concern here omitted for brevities sake . in the next , viz. the th century , there were above councils : to instance in the most material of them may suffice for this abridgment . at paris vrbanus the second , at the complaint of alexius emperour of constantinople against the rage of the turks , assembled a council of most nations , and was present himself thereat . in this council were appointed men out of the western kingdoms for the holy land. at florence pope paschalis the second convened a council , wherein the bishop of florence was called to an account for preaching openly , that antichrist was already come ; for which he was sharply rebuked , and commanded , that for time to come he should utter no such doctrine . at london in the year . in the third year of the reign of hen. . king of england . anselmus archbishop of canterbury assembled a council , for prohibiting the marriages of priests ; and the year following was constrained to convene another council at st. pauls in london , to make constitutions for the punishment of such as defiled themselves with sodomitical lusts . at mentz , an. . a great council was assembled against the emperour henry . whom they condemned of heresie , which was simony , because he would not resign the right of investure of bishops into the popes hands , and having excommunicated him , took off his imperial crown . at troyes in france in the year . pope paschalis the second convened a council , which treated concerning the investure of bishops , not to be in the power of lay-persons . at triburia in friburgh in the year . the bishops of germany assembled concerning the investure of bishops , and in opposition to the emperour henry the fifth . at senon a council was called against abelardus by reason of his heresie : he was also accounted an heretick in the council of so●sson . the first four lateran councils are comprehend under one and the same title , as more favouring the roman dissentions than the doctrine and discipline of the church : the first under henry the fifth , and calixtus the second , which had ( or according to bellarmine , ) bishops , and canons . in this council burdinus the anti-pope was laid aside , the vestures with the ring and staff were taken from the emperour and given to the pope ; who absolved the emperour and gave him power of electing german bishops . in this council there were appointed crosses for the 〈◊〉 war , by means whereof pardon of sins might be grant 〈◊〉 them that undertook that war , and to their families . the second lateran council was under lotharius the emperour , and innocentius the second , which increased to the number of about bishops . this council omitted thirty canons lately published by gratian from the vatican library , which bellarmine is said to reject : it discharged peter usurping the roman see after leo , under the name of anacletus the second ; branded for hereticks peter of bruis , and arnaldus of brixia the disciple of peter abullard , who rejected pedobaptism , church-buildings , and the adoration of the cross : it proclaimed these lay-persons to be sacrilegious , and incurr the danger of eternal damnation , who receive tithes ; and deprived usurers of christian burial , and cursed them to hell. the third lateran council was under frederick the first and alexander the third , by an assembly of bishops , who made up the difference between this alexander , and one octavianus and his successors gindon and john , a german taking up the quarrel with him ; which dissentions divided europe into parties . also the albigenses under the name of cathari , publicans & paterini , taking their rise from the waldenses , were here condemned ; lombard , who affirmed that christ according to his manhood was nothing , was censured ; ordinations made by schismaticks wholly abrogated , private oratories and priests for leprous persons appointed , and the manner of visitations by archbishops , bishops , and deacons prescribed . the fourth lateran council was under frederick the second , and innocentius the third , with bishops and other fathers . this council rejected the book of joachimus the abbot against p. lombard ; established transubstantiation , auricular confession , and the papal absolution of subjects from their allegiance : it exacted an oath from secular magistrates to expel hereticks nominated by the pope . this council by indulgencies encouraged those that went with crosses for recovery of the holy land under godfrey of bulloigne ; prohibited plurality of benefices , and sale of reliques . at papia in the year . the emperour frederick the first convened a council , occasioned by the difference between alexander . and victor the th . for the popedom after the death of adrian the fourth . in this council victor the fourth was declared pope . whereupon alexander the third convened a council at cleremont , in which he cursed the emperour , pope victor , and their adherents . at rome in the year . a council of one hundred and eighty bishops was convened by the popes authority . their consultations and canons were touching the form of electing popes for the future , also touching ecclesiastical dignities and discipline , touching excommunication , residence , continency , plurality , patronage , presentations , festivals , usurers , jews and sarazens , and the like . at rome in the year . pope innocentius the third convened a general council , wherein the doctrine of transubstantiation was ratified . this was another of the lateran councils . at lions two councils , the first called by frederick the second , and innocentius the fourth , about the year . in this council the emperour that deserved so well of the christian church against the infidels , was after four excommunications deposed by the pope , prohibiting that any should name him emperour : being thus deposed , he defends his right by his gibilines against the guelphes of the papal party . in this council appears no other president than the pope himself , who with bishops and abbots , endeavoured under colour of recovering the holy land , by the fifths of the church to redeem the east . by this council new festivals were instituted for the canonizing of roman saints . the seventeen institutions ascribed to this council , are said to be rather political and polemical than ecclesiastical , and ( according to bellarmine ) are to be found in the sixth of the decretals . at lions the other of these two councils was under rodolphus the first at haspurge , procured by gregory the tenth , consisting of at least seven hundred bishops : in this council was present michael paleologus the greek emperour . aquinas sent for to this council dies in his way thither , where bonaventure , after his being created cardinal , died also . in this council the pope in behalf of the holy land requires a subsidy , the tenth of all ecclesiastical rights for the space of six years . in this council also it was ordered , that there should be bowing at the name of jesvs . there were constitutions or canons made by this council , which though omitted by the summulists , may yet be found in the sixth of the decretals . at vienna in the year . under henry the seventh , clement the fifth being pope , a general council of above three hundred bishops was convened . in this council was set forth a book of papal decrees , called liber clementiarum , which was ratified by this council . in this council also it was , that corpus christi day was ordained to be a festival , and the order of templers to be quite abolished ; for the jerusalem-expedition being strongly urged in this council , the templers are removed out of the way for murdering of the abissins ambassador , and other impieties and heresies . whether trithemius did hit the mark or not , it matters not ; notorious it is , that the templers were very rich , but if that were a sufficient pretence for heresie and expulsion ( as some conceive ) then there would be no such thing as the church of rome , at least not orthodox . in this council the clergy are permitted to take an oath of allegiance , not of subjection to lay-magistrates ; also peter john , the dulcimists , the fratricelli , the begwards and begwins , together with the lollards were condemned . peter john was condemned for denying the soul to be the form of man ; a new piece of heresie against natural philosophy . the constitutions of this council under the name of clementine , are extant in books for a supplement of the canon law ; in which is that famous decree of constituting professors to be maintained by a competent stipend at the court of rome , at the vniversities of paris , oxford , bononia , and salamanca , for the instructing in hebrew , arabick , and chaldee languages , whereby the jews and mahumetans might the more easily be converted to the faith. the fifth lateran council in the year . under maximilian the emperour , pope julius . president thereof . it is supposed this council was called for disannulling another at pisa , where some cardinals were met against the pope . there were convened at this council bishops , and it had twelve sessions , five whereof were under julius , the other seven were finished by leo the tenth . suarez , cajetan , and navarr profess this to be a rejected council . the pragmatical decree made at the council of basil , in defence of ecclesiastical liberty against popish usurpations , is here discussed and exploded . the immortality of the soul is here also defended , concerning which many at that time doubted it , others wantonly disputed it , and others heretically denied it . by this council a restraint is laid on such as in preaching wrest the scriptures at their pleasure to uphold and disperse some strange opinions ; which restraint extended also to the impression of books not orthodox , nor licensed as such . at pisa in the year . was ( as some call it ) a general council , consisting of twenty three cardinals , three patriarchs , three hundred archbishops and bishops , twenty eight governours of monasterics , and a very great number of divines , and ambassadours of princes . the great dissention between benedict the twelfth , and gregory the thirteenth was the occasion of this great and first council at pisa . both which having been summoned , are deposed by this council , and alexander the eighth placed in st. peters chair , which yet removed not the said dissention ; notwithstanding alexander thus elected , is reckoned in the catalogue of the popes . there were twenty three sessions of this council , the acts thereof printed at paris , an. . are extant . they that conceive this to be a headless council ( as antonius and others ) because called in a tumult by the cardinals , without the popes authority , do not consider , that at this time the head was troubled with a double impostume , and could not be consulted in the case . at pisa the second council was called by maximilian the emperour , and lewis the french king against pope julius the second , who ( it seems ) had obliged himself by an oath to have a general council within two years next after his election to the popedom ; but this not being performed , some of the more eminent cardinals , under the protection of the said emperour and french king , meet at pisa , and summon the pope to make his appearance there ; instead whereof he excommunicates them , the french king and all , the emperour himself scarce escaping that thunderbolt , and calls a lateran anti-synod at rome , before whom he excuses his oath , clears himself , and dies . leo the tenth succeeds , continues the council , and ratifies many decrees ; whereupon the pisan cardinals upon their submission are restored to their former dignity . at constance in the year . a council with great difficulty was convened by the emperour sigismond and pope john the twenty third , consisting of about a thousand bishops and doctors , for the removing of the popish schisms out of the western parts , and pacifying the difference which happened between three popes , all striving for the popedom , viz. pope john , whom the italians set up : pope gregory , whom the french set up : and benedict , whom the spaniards set up . this council continued four years ; in which all the said three popes were deposed , and martinus elected pope . others relate it somewhat otherwise , as if after gregory the eleventh , some cardinals exalted vrban the sixth , others , clement the sixth . the nations are divided into parties , our english ( as reported ) with the french and spaniard adhering to clement ; but vrban dying at rome , boniface the ninth supplies his place , but angelus a certain venetian succeeds him under the title of gregory the twelfth . clement also being removed , had for his successor peter de luna a spaniard , under the name of benedict the thirteenth . to quench this flame the cardinals and bishops meet at pisa , where they exalt one of creet unto the papal dignity , under the title of alexander the fifth , who sickening suddenly by an intoxicating clyster , was succeeded by john the d by election of the pisan cardinals , who by the perswasion of the said emperour sigismond called this council at constance , and being present at the same , was first accused of many crimes , then deposed , and martin the fifth exalted by the council to the papal dignity . there were sessions of this council , in the th whereof the doctrine of john wickliffe was condemned , and his bones ordered to be taken out of his sepulchre and burnt . in the th session thereof it was ordained , that no priest under pain of excommunication , should communicate unto the people under both kinds of bread and wine . in the session the sentence of condemnation of john husse was read and published , and himself delivered to the secular power to be burned . in the session , the sentence of condemnation was pronounced against jerome of pragus , who was also delivered to the secular power to be burned . in this council it was concluded , that the council is above the pope ; and that an engagement with an heretick is not to be kept . at basil in the year . was a general council assembled , procured by sigismond the emperour of pope martin the fifth , and afterwards of eugenius the fourth , in which cardinal julian of arelatum was president , and which continued high years . this council had sessions , and therein it was also concluded ( as in that of constance , ) that the general council is above the pope , and that all persons ought to be subject to the general council , as children are subject to the authority of their mother . pope eugenius confirmed this council by his apostolical letters , whom notwithstanding this council deposed , and in his room chose amedeus duke of savoy to be pope , whom they called foelix the fifth . for this pope eugenius the fourth , being cited and not appearing , was deposed for his contempt , and the said amedeus duke of subaudis , who lived an hermites life in the mountains of ripalia , by the cardinals is exalted to the popedom , and styled foelix the fifth . besides the delaring here , that the council is above the pope , it was also confirmed , that the pope cannot dissolve , prolong or remove the council , being lawfully called . yet after this the said eugenius constituted an anti-synod at ferraria , which afterwards removed to florence , where he acted with the greeks , the emperour being present . they of basil mean while confirmed the pragmatical decree , condemned popish bastardy , suppressed concubines , and ordered how the jews might be brought to christianity . they declared also the blessed virgin to be free from the contagion of every sin , indulged to the lay - bohemians the use of the cup in the eucharist , and by reason of a raging pestilence betake themselves from basil to lausanna , where the emperour frederick perswaded duke amedeus to renounce the felicity of pope foelix , at florence in the year . a council contrary to that at basil , yet fitting and undissolved , was held by pope eugenius , in which council the emperour and patriarch of constantinople with many others of the greek church were present , and were prevailed with to yield to many points of the roman church , but could never be prevailed with to believe their doctrine of transubstantiation . this florentine council began at ferraria , under albertus emperour , and eugenius the fourth , whence by reason of a pestilence did remove to florence , and was there finished . in this council were bishops , the pope himself president , who deposed the council of basil at the same time by the germans . there were present at this council john paleologus , with the patriarch joseph , and the greek doctors . in this council were debated certain articles concerning the proceeding of the holy ghost , with the addition to the nicene greed [ and from the son , ] purgatory , the power of suffrages , and sacrifice to the dead , transubstantiation , the administring unleavened bread in the eucharist , but especially the popes supremacy . at trent in the year . was a council held under charles the fifth and ferdinand the tenth , paul the third , julius the third , pius the fourth , marcellus , and paulus the fourth ; for this council continued no less than eighteen years : at the first meeting whereof were seven sessions in the two first years thereof . the second meeting was in the time of pope julius the third , an. . which had only three sessions , by reason of wars happening in germany : at this second meeting the french king protested against this council . the third meeting whereof was nine years after the second , it being appointed by pope pius the fourth ; there having been in this interval , since the second meeting , when julius the third was pope , two other popes , viz. marcellus and paulus the fourth . at this third and last meeting there were nine sessions , the last whereof began the third of december , an. . the chief points treated of at this council were concerning the scriptures , original sin , justification , the sacraments in general , baptism , the removing of the council , the eucharist , repentance , extream unction , communion of lay-persons under one kind , the sacrifice of masse , the sacrament of order , matrimony , purgatory , worshipping of reliques , invocation of saints , worshipping of images , indulgencies , the choice of meats , fastings , and festivals . the history of this council of trent is extant . of national councils there have been many more than what are before mentioned , as here in britain , and in italy , spain , france , germany , the eastern , and african . in italy it is said , that there are to be found such synods , as it were national , which go under the name of roman councils . but such as are of the most remark in each of these countreys , and the principal things they determined , you may find a touch of ( and no more ) in the learned bishop prideaux his synopsis of councils , in the eighth chapter , edit . . oxon. . chap. xlii . of excommunication . . what excommunication is : it is twofold . . by what appellations the greater and lesser excommunication are known and distinguished ; their respective derivations and significations , and the nature of each . . ecclesiastical censures in the general may be threefold . . what the law intends by excommunication ipso facto . . what the excommunicate is not debarr'd of by law. . legal requisites to the due pronunciation of the sentence of excommunication . . what course the law takes with an excommunicate , after forty days so perisisting obstinate . . the several causes of excommunication ipso facto , enumerated by lindwood . . the causes of excommunication ipso facto , by the canons now in force in the church of england . . the several writs at law touching persons excommunicate ; and the causes to be contained in a significavit , whereon the excommunication proceeded . . what the writs de excommunicato deliberando , also de excommunicato recipiendo do signifie in law. . a sufficient and lawful addition to be in the significavit , and in the excom . capiend . vid. sect. . . several statutes touching persons excommunicated . . excommunication for striking in the church . . whether a bishop hath jurisdiction , or may cite a man out of his diocese . . what are the requisites of a certificate of excommunication for stay of actions , and how it ought to be qualified . . a significavit of excommunication , for not answering articles , not shewing what they were , not good . . by whom an excommunication may be certified , and how . . in what case the significavit of an excommunication ought to express one of the causes mentioned in the statute . . whether a general pardon doth discharge an excommunication for contempt precedent to the pardon , or shall discharge the costs of court thereon ? . a man taken upon an excom . cap. and discharged , because the significavit did not express the party to be commorant within the bishops diocess at the time of the excommunicat . . where a man is twice excommunicated , whether an absolution for the latter shall purge the first excommunication . . whether a prohibition lies to the ecclesiastical court , upon costs there given , not in an action at the suit of the party , but upon an information there exhibited . . what remedy in law for a party wrong fully excommunicated , and so remaining forty daies , without suing a prohibition . . whether a person taken by a capias de excom . capiend . be bailable or not ; and whether the bishop may take bond of the excommunicate to perform submission for their absolution . ( . ) excommunication , commonly termed in the common law , in the law-french thereof , excommengement , is a censure of the church , pronounced and inflicted by the canon or some ecclesiastical judge lawfully constituted , whereby the party against whom it is so pronounced , is pro tempore deprived of the lawful participation and communion of the sacraments . and is also sometimes ( as to offenders ) a deprivation of their communion , and sequestration of their persons from the converse and society of the faithful . and therefore it is distinguish'd into the greater and lesser excommunication ; the greater comprizing as well the latter as the former part of the abovesaid definition or description ; the lesser comprizing only the former part thereof . de except . c. a nobis . lindw . de cohab. cler. gl . in verb. sacramenta . excommunicatio , quasi , extra communionem . for excommunication is , extra communionem ecclesiae separatio ; vel censura ecclesiastica excludens aliquem à communione fidelium a this ecclesiastical censure , when it is just , is not by any means to be despised or opposed ; for christ himself is the author thereof b anciently among the hebrews , such persons as were excommunicated , were termed aposynagogi , as being quasi synagoga exacti , and to be shun'd or avoided of all men until they repented . that of our saviour in matth. . . [ let him be unto thee as an heathen man , and a publican ] seems to referr to some such excommunication , the power whereof by way of judicature being then in the jewish sanhedrim , or colledge of elders . ( . ) this ecclesiastical censure , when limited or restrained only to the lesser excommunication , the theologists will have to be understood by the greek word anathema , accursed or separated ; and when it extends to the greater excommunication , then to be understood by the syriack word maran-atha , or [ our lord cometh ] anathema maran atha . [ anathema ] let him be accursed , quasi , devoted to the devil , and separated from christ and his churches communion : [ maran-atha ] some take this for a syriack word c . others , not so well satisfied with that judgment , will have it to be a chaldee word , yet used in the hebrew , and familiarly known among the greeks d . [ maran-atha ] viz. [ our lord cometh , ] for maran is , our lord , and atha , cometh ; or rather three words more properly , viz. mara-na-atha , our lord cometh . being a word used in the greatest excommunication among the christians , intimating or implying , that they summoned the person excommunicated before the dreadful tribunal at the last coming of the son of god , or that such as were under this censure of the church , were given up and reserved to the lords coming , to be judged by him ; and mean while ( without repentance and absolution ) are to expect nothing , but the terrible coming of christ to take vengeance of them . to which that prophesie of enoch seems to allude , behold , the lord cometh with ten thousands of his saints , to execute judgment upon all , &c. the venerable mr. bede doth suppose , that this answers to the heaviest curse amongst the jews ; for they had ( ) their [ niddui , ] ( ) their [ cherem ] that is , anathema . this their cherem , was either the simple and single anathema , or their shematha or maranatha : for this dreadful kind of excommunication , here called maran-atha , the jews called sammatha ; sem signifying the name of god tetragrammaton , or jehovah , and atha , he cometh ; though others will have that sammatha to be derived from [ sam ] that is [ their ] and [ mitha ] that is [ death ] their death . but not to insist further on the words whereby this ecclesiastical censure of excommunication is signified ; for that is but as a flash of lightning , in respect of the thunder of the curse it self . ( . ) although every excommunication is an ecclesiastical censure , yet every ecclesiastical censure is not an excommunication ; for an ecclesiastical censure may be as well per suspensionem , and per interdictum , as per excommunicationem . extr. de verb. sig . c. quaerenti . hanc autem censuram fulminare possunt eccles . praelati , quibus ab homine , lege , vel canone , aut consuetudine tribuitur jurisdictio ordinaria . de offic. ord. c. cum ab ecclesiar . . it hath been sometimes question'd , what the law intends by excommunication ipso facto ; that clause imports , ac si diceret , ipso jure , that is , nullo hominis ministerio interveniente . not. per arch. de rescrip . c. . verb. ipso jure . li. . lindw . de offic. archid. gloss . in c. vt archidiacont , verb. ipso facto . and regularly when a person is excommunicated , it is not intended only of the lesser excommunication , nam excommunicatio simpliciter prolata , intelligitur de majori . extr. de sen. excom . c. si quem . q. . debent . & lindw . glos . verb. excommuni . c. exhorrenda . de procuratorib . ( . ) notwithstanding , the law doth not exclude the excommunicate from such lawful acts , as sine quibus vix potest consistere vita hominis . glos . ibid. in verb. actu legitimo . and although depending the excommunication , he is disqualified to commence actions at law as a plaintiff , yet he may ad sui defensionem appellare , & caetera in judicio facere & exercere , quae ad ejus defensionem pertinent . gloss . lindw . ibid. and according to lindwood , he may matrimonium contrahere ; etiam & testari . lindw . ibid. ( . ) this sentence of excommunication ought not to be pronounced against offenders otherwise than rite & cum debita solennitate , that is , juris ordine servato ; and therefore the canon requires , that there issue a summons or previous citation to the delinquent , before sentence of excommunication be pronounced against him . primo vocetur delinquens propositurus causam rationabilem , quare pronunciari non debeat incidisse in dictam sententiam . ad effectum namque quod aliquis denuncietur excommunicatus , à canone vel constitutione requiritur citatio praevia . c. si per vim vel alio modo . l. fin . de man. & obed. c. inter quatuor . de cens . c. fi . in oec . cum glos . so likewise the canon is , that nemo excommunicationem promulget , ubi excessus non est manifestus , nisi monitione canonica praecedente . lindw . de sentenia excom . c. vt archidiaconi . unless the same party for the same cause be excommunicated again , in which case there needs not any previous citation or monition as before ; nam excommunicatio quae sit saepius ex eadem causa , potest fieri nulla citatione , nullaque monitione praevia . ibid. c. praeteria . ver . excommunicentnr : for in truth this excommunication in such case is not any new sentence of excommunication , but only a ren●vation of the former with an aggravation ; for which reason it is , that such excommunication as is again pronounced against the same person for the same cause repeated by him , may be nulla citatione , nullave monitione praecedente . ibid. & extr. de judaeis . c. ita quorundam . whence it doth appear , that a person excommunicated may be excommunicated again , either for the same or some other new cause . ibid. & . q. . engeltrudam . and although the first excommunication is in effect sufficient for the ejecting such an one out of the church , so that he who is once cast out of the church , amplius excludi non potest ; yet by this second denunciation there follows another effect , and that is , that thereby he may be reputed and held by all the faithful in all places , as a person utterly shut out of the church , donec per suum judicem secundum formam ecclesiae fuerit absolutus . gloss . ibid. verb. & denuncientur . ( . ) also , when a person excommunicated hath forty daies persisted in his obstinacy contrary to law under that sentence , the bishop may then make his humble address to the king for the apprehending and imprisoning such obstinate excommunicates ; but this may not be done by any inferiour to a bishop , nam ad rogatum praelatorum inferiorum rex non consuevit scribere pro captione excommunicatorum . lindw . de sententia excom . c. praeteria . glos . in verb. praelatorum . and therefore if a man be excommunicated by any inferiour to a bishop , as by a dean , archdeacon , or the like , yet the supplication for his majesties writ ought to be by the bishop of that diocess , and in his name ; nam inferiores episcopis non possunt invocare brachium seculare . ibid. & lindw . de cohab. cler. & mul. c. . § . & si nec . ver . brachium seculare . and in case the bishop shall herein refuse to do what the law requires , he may be constrained thereto by the archbishop . ibid. & de jur . patron . c. nullus . nor can the excommunicated person , who ( after forty daies persisting in his obstinacy ) is upon the kings writ ( on the significavit ) pro corp. excom . capiendo apprehended or like to be apprehended , evade imprisonment , or defend himself by an appeal , or by virtue thereof , or by shewing the same to the temporal judge , that so under pretence of a dependency of an appeal he may escape imprisonment ; because such appeal as to the validity or invalidity thereof , or teneat vel non teneat , legitima vel non legitima , falls under the scrutiny and examination , not of the temporal , but ecclesiastical judge ; and therefore si talis indag● sive discussio pertains not to the secular judge , it were frivolous to alledge that before one not qualified to examine the merits of the appeal . dict. c. praeteria . glos . in verb. dari debet . and as persons excommunicated cannot legally have any shelter or subterfuge under pretence of such appeals : so neither do the canons suffer the contemners of this sentence of excommunication to go unpunished ; under which number regularly and generally are computed all such as animo indurato do persevere under excommunication by the space of forty daies , according to the custome of the realm of england . lindw . de sententia excom . c. ut archidiaconi . glos . in verb. contemnentes . but more particularly the canons hold them contemners of this excommunication , who add culpam culpae ; or go into the church , albeit divine service be not then celebrating , unless it be to hear the word preached , which being ended , he is immediately to depart ; or stand at the church-door in the time of divine service , and hearing the same , albeit he go not within the church it self ; or thrust himself into the company of others , when it is in his power to avoid it ; or lastly , when he continues too long secure under such sentence of excommunication without repentance , whereby the law concludes him so manacled by his obstinacy , as no spiritual physick can have any operation upon him : and although regularly the return of such a one is to be expected usque ad annum ; yet in this kingdom ( quoad incovationem brachii secularis ) it is sufficient if forty daies be expired after his excommunication . ibid. c. . authoritate glos . in verb. contemnentes . and whereas we often in the law meet with certain cases of offences , incurring the sentence of excommunication ipso facto , that is as aforesaid , nullo hominis ministerio interveniente ; requiritur tamen , even in that case , sententia declaratoria . c. cum secund . leges . de haeret. li. . & lindw . de foro comp. c. . glos . in verb. ipso facto . ( . ) it is therefore not impertinent here to insert , what principally those offences are , on the guilty whereof the law doth inflict this excommunication ipso facto . lindwood tells us , that there are found among the canons and constitutions provincial these cases following , wherein excommunication ipso facto is incurr'd ; viz. ( ) a wilful and malicious impeding the execution of the canon against incontinency , specially in ecclesiasticks as to concubines . ( ) a clandestine and surreptitious proceeding at law , even to the writ of banishment , against an innocent person , and ignorant of the proceedings . ( ) bigamy . ( ) false accusing of any innocent clergy-man before a temporal judge , whereby he happens to suffer under the secular power . ( ) a laying snares to entrap any in holy orders ; whereby afterwards to charge them falsly before the secular powers with crimes , whereof they were not guilty . ( ) a violation of lawful sequestrations made by the bishops , their vicars general , or principal officials . ( ) the exercise of ecclesiastical jurisdiction by any clerk married , or by any lay-person , in matters only and properly pertaining to the cognizance of the church . ( ) disobedience to the gregorian constitution , forbidding the holding of two benefices incompatible cum cura animarum without a dispensation . ( ) a procuring to be presented to a benefice that is already full of an incumbent , by virtue of the writs of quare non admisit , or quare impedit , or the like . ( ) abettors and advisors of any to fraudulent conveyances or deeds of gift in fraudem ecclesiae , regis creditorum , aut haeredum . ( ) all such as hinder any of what quality soever , that are legally testable , from making their last wills and testaments , or afterwards do unjustly obstruct the due execution of the same . ( ) all such as hinder the devotion of the people , in making their offerings and paying their tithes , converting them to their own use . ( ) all such as deny the gathering of the tithes of any fruit , or molest and hinder the collectors thereof . ( ) all lay-persons who usurp upon such oblations and offerings as are due and appertain only to ecclesiastical persons , without their assent and the assent of the bishop . ( ) sacrilegious persons , and all such as invade the just rights , liberties , or revenues of the church , or otherwise unjustly possess themselves de bonis ecclesiasticis . ( ) all bayliffs and other officers , that unjustly enter upon the goods of the church , or unduly exact from the same , or commit waste upon any the revenues of a church vacant . ( ) all oppugners of episcopal authority , or that resist and oppose the exercise of ecclesiastical jurisdiction , and all such as disswade others from their due obedience thereunto . ( ) all such as being imprisoned for their contempt to some ecclesiastical sentence , are thence set at liberty contrary to the liberties and customes of the church of england , being excommunicate persons when they were first apprehended . ( ) all such as violently usurp upon the propriety of such trees and fruits as grow in the church-yards , rooting them up or felling them down , or mowing down the grass thereof , contrary to the will and without the consent of the rector , or vicar of any church or chappel , or their tenants . ( ) all such as should non ritè solemnize prohibited marriages , that is , such as have any canonical impediment . ( ) all such as contrary to the true catholick sense shall assert any thing , or lay down positions , or make propositions , sauouring of heresie , publickly in the schools . ( ) all such as in their preaching or otherwise shall violate the canon , that enjoyns a due examination and approbation of persons before they are admitted to preach the word of god. ( ) all such as touching the sacraments assert any thing beside or contrary to the determination of the church , or call such things into doubt publickly , as are defined and stated by the church . ( ) all such as in the universities do ( after a premonition to the contrary ) hold any opinions , or assert any doctrines , propositions or conclusions , touching the catholick faith , or good manners , of an ill tendency , contrary to the determination of the church . ( ) all such clerks as without ecclesiastical authority , shall of themselves or by any lay-power intrude themselves into the possession of any parochial church , or other ecclesiastical living , having curam animarum . these cases , and some others , now not of use in this realm , are enumerated by lindwood . lindw . de sententia excom . c. ult . gloss . in verb. candelis accensis . but there are very many other cases in the canon law that fall under this excommunication ipso facto , by which in the law is ever understood the major excommunicatio , and was wont to be published and denounced in the church four solemn daies in every year , when the congregation was likeliest to be most full , and that in majorem terrorem . ( . ) the causes of excommunication ipso facto , according to the constitutions and canons ecclesiastical of the church of england , now in force , are such as these , viz. ( ) impugners of the kings supremacy . ( ) affirmers of the church of england , as now established , to be not a true and apostolical church . ( ) impugners of the publick worship of god , establish'd in the church . ( ) impugners of the articles of religion , establish'd in the church of england . ( ) impugners of the rites and ceremonies , established in the church of england . ( ) impugners of the government of the church by archbishops , bishops , &c. ( ) impugners of the form of making and consecrating archbishops , bishops , &c. in the church of england . ( ) authors of schisms in the church . ( ) maintainers of schismaticks , conventicles , and constitutions made in conventicles . likewise by the said canons , the ecclesiastical censure of excommunication is incurr'd by all such ministers , as revolt from the articles unto which they subscribed at their being made ministers , and do not reform after a months suspension : also by all such persons as refuse the sacraments at the hands of unpreaching ministers , after a months obstinacy , being first suspended : also by all such ministers as without their ordinaries license under his hand and seal , appoint or keep any solemn fasts either publickly or in private houses , having been formerly suspended for the same fault ; and finally by all ministers who hold any private conventicles , to consult on any thing tending to the impeaching or depraving of the doctrine of the church of england , or of the book of common prayer , or of any part of the government , and discipline now established in the church of england , which by the seventy third canon , is excommunication ipso facto . ( . ) touching persons thus excommunicated , persisting forty daies in their obstinacy , there are three several writs at the law , issuing from the secular power , viz. excommunicato capiendo : excommunicato deliberando : excommunicato recipiendo . the excommunicato capiendo is a writ issuing out of chancery , directed to the sheriff , for the apprehending and imprisoning of him who hath obstinately stood excommunicated forty daies ; for the contempt to the ecclesiastical laws , of such not in the interim obtaining their absolution , being by the ordinary certified or signified into chancery , the said writ thence issues for the apprehending and imprisoning them without bail or mainprize , until they conform b . which writ as by the statute of eliz . c. . is to be awarded out of the high court of chancery , so it is to issue thence only in term time , and returnable in the kings bench the term next after the teste thereof , and to contain at least twenty daies between the teste and the return thereof . and in case the offender against whom such writ shall be awarded , shall not therein have a sufficient and lawful addition , according to the form of the statute of h. . or if in the significavit it be not contained , that the excommunication doth proceed upon some cause of contempt , or some original matter of heresie , or refusing to have their children baptized , or to receive the holy communion , as it is now used in the church of england , or to come to divine service , now commonly used in the said church , or error in matters of religion or doctrine now received and allowed in the said church , incontinency , usury , simony , perjury in the ecclesiastical court , or idolatry : that then all pains and forfeitures limited against such persons excommunicate by the said statute of eliz. . by reason of such writ of excom . capiend . wanting sufficient addition , or of such significavit wanting all the causes aforesaid , are void in law c . ( . ) the excommunicato deliberando , is a writ to the under-sheriff for the releasing and delivery of the excommunicate person out of prison , upon certificate from the ordinary into the chancery of his submission , satisfaction , or conformity to the ecclesiastical jurisdiction d . and the excommunicato recipiendo , is a writ whereby excommunicated persons , who by reason of their obstinacy having been committed to prison , and thence unduly delivered , before they had given sufficient caution or security to obey the authority of the church , are to be sought for , and committed again to prison e . this sentence of excommunication by the th canon pronounced against any , and not absolved within three months next after , is every sixth month ensuing , as well in the parish church , as in the cathedral of the diocess wherein they remain , by the minister openly in time of divine service upon some sunday , to be denounced and declared excommunicate ; and where by the th canon ministers are enjoyned not to refuse to bury , it is with an exception to such persons deceased , as were denounced excommunicated majori excommunicatione ; for some grievous and notorious crime , and of whose repentance no man is able to testifie f . ( . ) a sentence was given in the chancellors court at oxford at the suit of b. against h. and thereupon h. was excommunicated , and taken in london , upon the writ of excom . capiendo . and it came into the kings bench , where he pleaded , that there was no addition in the significavit according to the statute of eliz. and thereupon prayed to be discharged . and the opinion of the court was , that by the statute of eliz. the penalties mentioned in the said statute are discharged , but not the imprisonment nor the excommunication g . ( . ) by the statute of ed. . . the writ de excom . capiendo may be awarded to take a clerk excommunicate for contumacy , after forty daies . and by the statute of ed. . . the kings letters may not be sent to an ordinary to absolve an excommunicate , but where the kings liberty is prejudiced . by the statute of & ed. . cap. . striking , or laying of violent hands upon any person in a church or church-yard , is excommunication . and by the statute of ed. . . it is excommunication to disobey the sentence of an ecclesiastical judge in causes of tithes . by the statute of jac. . the sheriff may apprehend a popish recusant standing excommunicate ; and by the statute of jac. . a popish recusant convicted , shall stand as a person excommunicate . and by the statute of ed. . . he that is excommunicated shall be debarred of mainprize . ( . ) v. against e. in the ecclesiastical court , where the suit was for striking in the church , which by the second branch of the statute of ed. . cap. . is excommunication ipso facto . by which he surmized him incidisse in poenam excommunicationis . and being granted , if , &c. and ashley shewed cause why it should not issue , viz. there ought to be a declaration in the ecclesiastical court of the excommunication , before any may prohibit him the church . richardson said , that the proceedings are not contrary to the statute , but stood with the statute . and it was said by yelverton , it seems there ought to be a declaration in the ecclesiastical court : but the difference is , where it is officium judicis , or ad instantiam paris , they will give costs , which ought not to be . hutton and richardson , if the party will not prosecute it , none will take notice of it , and they proceed to give costs , then a prohibition may be granted . and if he be a minister , he ought to be suspended for an offence against the statute . and it ought to be first declared , and so to excommunication ; and that cannot be pleaded , if it be not under seal . dyer . and after all these were agreed by the court , and no prohibition was granted h . ( . ) b. was sued in the ecclesiastical court in a cause of defamation in another diocess than that wherein he lived , and being cited , was for non-appearance excommunicated , and upon significavit the writ de excommunicato capiendo was awarded . serjeant finch , recorder , prayed a supersedeas for two reasons . ( . ) upon the statute of h. . because he was sued out of the diocess ; to which the court ( viz. jones and whitlock ) answered , that at the common law a bishop cannot cite a man out of his diocess . and that the statute of h. . inflicts a punishment , &c. and whitlock said , that a bishop hath not power of jurisdiction out of his diocess , but to absolve him being excommunicate . ( ) upon the statute of eliz. cap. . because the case of defamation is not within the statute , and then the statute enacts , that it shall be void . to which the court answered , that he ought to averr that by way of plea , and so also said the clerks of the court , that he ought to have sued a habeas corpus , and upon return thereof to plead . but the plea was admitted de bene esse , and the party bailed i . ( . ) no letters of excommunication are to be received in stay of actions , if they are not under the seal of the ordinary k , for an excommunication under the seal of the commissary is not to be allowed in such case l . if the principal cause of the action , for which the excommunication was , be not comprized within the letter of the certificate , it is not to be allowed ; that so it may appear to the court , that the ecclesiastical court had jurisdiction of the cause for which he was excommunicated m . the certificate ought to be vniversis ecclesiae filiis , or to the justices of the court where the suit is to be stayed n . also the excommunication certified ought to be duly dated , that is , the certificate ought to contain the day of the excommunication o . a certificate by the archdeacon is sufficient by the custome p ; and upon an excommunicato capiendo , if it appears that the excommunication was by an archdeacon of some certain place , it ought also to appear either expresly or by implication in the certificate , that the matter for which the excommunication was , was within his jurisdiction , otherwise it is not good q . ( . ) f. being apprehended upon an excommunicato capiendo , and the significavit being , that he was excommunicated for not answering articles , and not shewing what they were , his discharge was prayed for the incertainty thereof , and per curiam it is not good , and therefore was bailed : coke e. . is , that a man was excommunicated for certain causes , not good ; and so co. . arscots case schismaticus inveteratus is not good excommunication , nor shall be allowed in the cause of him who excommunicates him , e. . quod fuit concessum per doderidge . ( . ) in trollops case it was resolved , that the official cannot certifie excommunication , for none shall do that , but he to whom the court may write to assoil the party , as the bishop and chancellor of c. or o. and for that if a bishop certifie and die before the return of the writ , it shall not be received , but the successor shall do it ; and one bishop shall not certifie an excommunication made by a bishop in another court , but a bishop after election before consecration may , and so may the vicar-general , if it appears that the bishop is in remotis agendis ; also that the suit and the cause are to be expressed in the certificate , that the temporal court may judge of the sufficiency , and if it be insufficient ( as if a bishop certifie an excommunication made by himself in his own cause ) the court may write to absolve him . ( . ) h. was condemned in the chancellors court of oxford , in costs , and had not paid ; an excommunicato capiendo being awarded upon a significavit , returned and delivered here in court , according to the statute of eliz. cap. . he was arrested thereupon . resolved , the excommunication was good , though the significavit doth not mention any of these causes in the statute , but it is for other causes ; but if any capias with proclamations , and penalties be therein awarded , the penalties be void un●ess the significavit express it to be for one of the causes mentioned ●n the statute . ( . ) in another case , where a man was excommunicated upon a sentence in the delegates for costs in castigatione morum , jac. a capias with proclamations issued ; and he being taken , quoad the excommunicato capiendo pleads , that the offence and contempt was pardoned by the general pardon of jac. it was agreed , that the pardon did not discharge the costs of the party , which were taxed before the pardon : it was moved there , that as the costs were not taken away , so no more was the excommunication , which is the means to enforce them to be paid . but resolved , that this excommunication before the pardon , is but for a contempt to the court , and all contempts in all courts are discharged by the pardon ; wherefore the same was discharged ; and for the payment of the costs , the party is to have new process . ( . ) a man was taken upon an excommunicato capiendo ; and the significavit did not mention , that he was commorant within the diocess of the bishop at the time of the excommunication , and for that cause the party was discharged . and in an action where an excommunication was pleaded in bar , and the certificate of the bishop of landaph shewed of it , but did not mention by what bishop the party was excommunicated , it was for that reason adjudged void . ( . ) upon a contract sentence in the ecclesiastical court was , that the defendant should marry the plaintiff , he did not do it , for which cause he was excommunicated . the defendant appealed to the delegates , by whom the cause was remitted to the judge à quo , who sentenced him again , where he was also excommunicated again for non-performance of the sentence : he appealed to the court of audience , and then had 〈◊〉 . he was taken by a capias excom . upon the first excommunication , upon a habeas corpus it was resolved , that the absolution for the latter had not purged the first excommunication , quia ecclesia decepta fuit . ( ) that the appeal did not suspend the excommunication , although it might suspend the sentence . ( . ) in weston and ridges case it was resolved , that upon an information exhibited in the ecclesiastical court , for laying of violent hands upon a clerk , and costs there given against the defendant , for which he was excommunicated for not paying them ; a prohibition should issue forth , because it was not at the suit of the party , and costs are not grantable there upon an information . ( ) . in the case of prohibitions it was resolved , mich. jac. that if a man be excommunicated by the ordinary , where he ought not , as after a general pardon , &c. and the defendant being negligent , doth not sue a prohibition , but remains excommunicate by forty daies , and upon certificate in chancery is taken by the kings writ de excommunicato capiendo , no prohibition lies in this case , because he is taken by the kings writ . then it was moved , what remedy the party hath who is wrongfully excommunicated : to which it was answered , he hath three remedies ; viz. ( ) he may have a writ out of chancery to absolve him , h. . fol. . and with this agrees ed. . . ( ) when he is excommunicated against the law of this realm , so that he cannot have a writ de cautione admittenda , then he ought parere mandatis ecclesiae in forma juris , i. e. ecclesiastici , where in truth it 's excommunicatio contra jus & formam juris , i. e. communis juris : but if he shew his cause to the bishop , and request him to assoil him , either because he was excommunicate after the offence pardoned , or that the cause did not appear in ecclesiastical cognizance , and he refuse , he may have ( as the lord coke sayes ) an action sur le case against the ordinary ; and with this agrees dr. & stu. lib. . cap. . fo . . ( ) if the party be excommunicated for none of the causes mentioned in the act of eliz. cap. . then he may plead this in the kings bench , and so avoid the penalties in the act. note , it was resolved by the court , &c. that where one is cited before the dean of the arches ( in cause of defamation , for calling the plaintiff whore ) out of the diocess of london , against the statute of h. . and the plaintiff hath sentence , and the defendant is excommunicated , and so continues forty daies ; and upon certificate into chancery , a writ of excommunicato capiendo is granted , and the defendant taken and imprisoned thereby , that he shall not have a prohibition upon the statute of h. . for no writ in the register extends to it ; but there is a writ there called de cautione admittenda de parendo mandatis ecclesiae , when the defendant is taken by the kings writ de excommunicato capiendo , and to assoil and deliver the defendant . ( . ) where the court of b. r. was moved for the bailing of one , who was taken by force of a capias de excommunicato capiendo , upon the statute of eliz. cap. . and came to the barr by a habeas corpus . williams justice , he that is taken by force of a capis de excommunicato capiendo , is not bailable upon the statute of eliz. cap. . which statute doth only dispense with the forfeiture of the ten pounds , and such a person is not bailable ; and as to the other matter , the same remains as it was before at the common law , and the statute of eliz. dispenseth only with the penalty of ten pounds . yelverton justice of a contrary opinion , and that in this case he is bailable . flemming chief justice , this is a case which doth deserve very good consideration , and that therefore he would consider well of it , and also of the statute of eliz. before he would deliver his opinion . williams justice , clearly he is not bailable in this case . afterwards at another time , it was moved again unto the court to have him bailed . yelverton justice , that he is bailable , and so was it resolved in one keyser's case , where he was taken by a writ de excommunicato capiendo , brought hither by a habeas corpus , and upon cause shewed he was bailed by the court , de die in diem , but neither the sheriff nor any justice of peace in the countrey can bail such a one , but this court here may well bail , as in the case before , de die in diem . it was further alledged here in this , that in the ecclesiastical court they would not there discharge such a one , being taken and imprisoned by force of such a writ , de excommunicato capiendo , without a great sum of money there given , and a bond entered into for the same ; otherwise no discharge there . yelverton justice and the whole court , the bishop ought not to 〈◊〉 such a bond for the performance of their submission . the rule of the court here in this was , that upon their submission they shall be absolved , without any such bond entred into . flemming chief justice , they shall absolve them , and if they perform not according to their promise and undertaking , they 〈…〉 again by the writ de corpore excommunicato capiendo ; but the bishop is to take no bond of them for their absolution , to perform their submission ; the taking of such bond by them being against the law : and as to the bailment , all the judges ( except williams justice ) did agree that he was bailable , and so by the order and rule of the court he was bailed . vid. bulstr . rep. par . . fo . . pasch . jac. in case of hall vers . king. chap. xliii . of the statutes of articuli cleri , and circumspecte agatis . . several statute-laws relating to ecclesiastical persons and things , enacted under the title of articuli cleri , in the ninth year of king ed. . . some other statute-laws touching ecclesiastical matters , made the fourteenth year of king ed. . . the ratification and confirmation of the articles of religion : the subscription required of the clergy . . certain cases wherein a prohibition doth not lie to the ecclesiastical courts , according to the statute of circumspecte agatis , made the thirteenth of king ed. . and in what case a consultation shall be granted . ( . ) these are certain statutes made in the time of king ed. . and ed. . touching persons and causes spiritual and ecclesiastical a . by the latter of these it is enacted , ( ) that upon demand of tithes , oblations , &c. under that name , a prohibition shall not lie , unless the demand be of money upon the sale thereof b ( ) that upon debate of tithes amounting to a fourth part of the whole , and arising from the right of patronage , as also upon demand of a pecuniary penance , a prohibition may lie : not so , in case of demand of money voluntarily accorded unto by way of redemption of corporal penance enjoyned c . ( ) that upon demand of money compounded for in lieu of corporal penance enjoyned for the excommunication , for laying violent hands on a clerk , a prohibition shall not lie d . ( ) that notwithstanding any prohibition , the ecclesiastical jurisdiction may take cognizance and correct in cases of defamation , and the money paid for redeeming the corporal penance thereon enjoyned may receive , notwithstanding a prohibition be shewed e ( ) that no prohibition shall lie , where tithe is demanded of a mill newly erected . ( ) that in cases of a mixt cognizance ( as in the case aforesaid , of laying violent hands on a clerk , whereby the kings peace is broken , and such like ) the temporal court may discuss the same matter , notwithstanding judgment given by the spiritual court in the case f . ( ) that the kings letters may not issue to ordinaries for the discharge of persons excommunicate , save only in such cases as wherein the kings liberty is prejudiced by such excommunication g . ( ) that clerks in the kings service , if they offend , shall be correct by their ordinaries , but clerks , during such time as they are in his service , shall not be oblig'd to residence at their benefices h . ( ) that distresses shall not be taken in the ancient fees wherewith churches have been endowed ; otherwise , in possessions of the church newly purchased by ecclesiastical persons i . ( ) that such as abjure the realm , shall be in peace so long as they be in the church , or in the kings high-way k . ( ) that religious houses shall not by compulsion be charged with pensions , resort , or purveyors l . ( ) that a clerk excommunicate , may be taken by the kings writ out of the parish where he dwells . ( ) that the examination of the ability of a parson presented unto a benefice of the the church , shall belong unto a spiritual judge m . ( ) that the elections to the dignities of the church shall be free without fear of any temporal power n . ( ) that a clerk flying into the church for felony , shall not be compelled to abjure the realm o . ( ) and lastly , that the priviledge of the church being demanded in due form by the ordinary , shall not be denied unto the appealor , as to a clerk confessing felony before a temporal judge . ( . ) in conformity to the premisses there were other statutes after made in the time of king ed. . whereby it was enacted ( ) that the goods of spiritual persons should not , without their own consents , be taken by purveyors for the king. ( ) that the king shall not collate or present to any vacant church , prebend , chappel , or other benefice , in anothers right , but within three years next after the avoidance p . ( ) that the temporalties of archbishops , bishops , &c. shall not be seized into the kings hands without a just cause and according to law q . ( ) that no waste shall be committed on the temporalties of bishops during vacancies , and that the dean and chapter may ( if they please ) take them to farm r . ( ) and lastly , that the lord chancellor or lord treasurer may during such vacancies , demise the temporalties of bishopricks to the dean and chapter for the kings use . ( . ) and as there are articuli cleri , so there are also articuli religionis , being in all thirty nine ; agreed upon at a convocation of the church of england ann. . ratified by q. elizabeth under the great seal of england , confirmed and established by an act of parliament , with his majesties royal declaration prefixed thereunto . which act of parliament requires a subscription by the clergy to the said thirty nine articles ; the same also being required by the canons made by the clergy of england at a convocation held in london ann. . and ratified by king james . the said subscription referrs to three articles . ( . ) that the kings majestie under god is the only supream governour of the realm , and of all other his highness dominions and countreys , &c. ( . ) that the book of common prayer , and of ordaining of bishops , preists , and deacons , containeth nothing in it contrary to the word of god , &c. ( . ) that he alloweth of the said thirty nine articles of religion , and acknowledgeth them to be agreeable to the word of god. by the statute of . eliz. . the delinquent is disabled and deprived ipso facto , but the delinquent against the canon of king james , is to be prosecuted and proceeded against by the censures of the church s ; and it is not sufficient , that one subscribe to the thirty nine articles of religion , with this addition ( so far forth as the same are agreeable to the word of god. ) for it hath been resolved by wray , cheif justice , and by all the judges of england , that such subscription is not according to the statute of . eliz. because the subscription which the statute requires must be absolute : but this is no other then conditional t . ( . ) the circumspecte agatis is the title of a statute made in the th . year of ed. . ann. d. . prescribing certain cases to the judges , wherein the kings prohibition doth not lie v . as in case the church-yard be left unclosed , or the church it self uncovered , the ordinary may take cognizance thereof , and by that statute no prohibition lies in the case . nor in case a parson demands his oblations , or the due and accustomed tythes of his parishioners ; nor if one parson sue another for tythes great or small , so as the fourth part of the benefice be not demanded ; nor in case a parson demand mortuaries in places where they have been used and accustomed to be paid ; nor if the prelate of a church , or a patron demand of a parson a pension due to him ; nor in the case of laying violent hands on a clerk ; nor in cases of defamation where money is not demanded ; nor in case of perjury . in all which cases the ecclesiastical judge hath cognizance by the said statute , notwithstanding the kings prohibition . so that the end of that statute is , to acquaint us with certain cases wherein a prohibition doth not lie . and the statute of ed. . shews in what case a consultation is to be granted w . and by the statute of . ed. . cap. . no prohibition shall be allowed after a consultation duely granted ; provided that the matter of the libel be not enlarged , or otherwise changed x . chap. xliv . of several writs at the common law pertinent to this subject . . what the writ of darrein presentment imports , in what case it lies , and how it differs from a quare impedit . . assise de utrum , what , and why so called . . quare impedit , what for ; and against whom it lies . what a ne admittas imports , the use and end thereof . . in what case the writ [ vi laica removenda ] lies . . what the writ indicavit imports , and the use thereof . . what the writ advocatione decimarum signifies . . admittendo clerico , what ; and in what case issuable . . the writ [ beneficio primo ecclesiastico habendo ] what . . that writ [ cautione admittenda , ] and the effect thereof . . the writ of [ clerico infra sacros ordines constituto , non eligendo in officium , ] what the use or end thereof , . the writ [ clerico capto per statutum mercatorum ] what . . what the writ of [ clerico convicto commisso goalae in defectu ordinarii deliberando ] was . . what the writ of [ annua pensione ] was anciently . . the writ of [ vicario deliberando occasione cujusdam recognitionis ] what . . three writs relating to persons excommunicated . . assise of darrein presentment brought after a quare impedit in the same cause , abates . . difference of pleas by an incumbent , in respect of his being in by the presentment of a stranger , and in respect of his being in by the presentment of the plaintiff himself . . notwithstanding a recovery upon a quare impedit , the incumbent continues incumbent de facto , until presentation by the recoverer . . of what thing a q. imp. lies , and who shall have it . . who may have a quare impedit , and of what things . . how , and for whom the writ of right of advowson lies . . what the writ de jure patronatus , and how the law proceeds thereon . . the writ of spoliation , what , and where it lies . . the writ vi laica removenda further explain'd . . the writ quod clerici non eligantur in officium . ( . ) against the unlawful possessor , who is the usurper , liveth three writs , viz. one of the right , as the writ of right of advowson ; and the other two , of the possession , viz. a quare impedit , and darrein presentment . this assize of darrein presentment or assisa ultimae praesentationis , is a writ , which lieth where a man or his ancestor hath presented a clerk to a church , and after ( the church becoming void by his death or otherwise ) a stranger presents his clerk to the same church , in disturbance of him who had last presented . this writ is otherwise also used a ; and differs from that of a quare impedit ; for the quare impedit lies upon the disturbance of one who hath the advowson in his presentation , when the church is void : the other lies , where a man or his ancestors had presented before , and now ( the church becoming void again ) a stranger presents in disturbance of him who had last presented . where ever a man may have assize of darrein presentment , he may have a quare impedit , but not e contra b . he that hath right to present after the death of the parson , and bringeth no quare impedit nor darrein presentment , but suffereth a stranger to usurp upon him , yet he shall have a writ of right of advowson ; but this writ lieth not , unless he claim to have the advowson to him and his heirs in fee simple c . where the ordinary , metropolitan , or king presents for lapse , any of these collatives will serve the patron for a possession in his assize of darrein presentment d , which assize of darrein presentment may not be purchased , pending a quare impedit , for the same avoidance ; and therefore in the case , where william st. andrewes brought a writ of assize of darrein presentment against the archbishop of york , mary countess of shrewsbury , and one hacker ; aud the bishop making default , the countess and hacker pleaded in abatement , that the plaintiff before the writ purchased , brought a quare impedit against the same defendants , and shews all certain , which remains undetermined , and averrs that they are both of the same avoidance : and upon demurrer the writ was abated by judgment e . ( . ) assize de utrum or assisa utrum , is a writ which lieth for a parson against a layman , or for a layman against a parson , for land and tenements doubtful , whether it be lay-fee or free almes f . these writs are called assizes , probably either because they settle the possession ; and so an outward right in him that obtains by them ; or because they were originally executed at a certain time and place formerly appointed ; or because they are tryed most commonly by especial courts set and appointed for that purpose . the incumbent , as touching his right for his rectory ; hath the onely writ of juris utrum , and for his possession any other possessory action . ( . ) quare impedit is a writ which lieth for him , who hath purchased an advowson in gross , or a mannor with an advowson thereunto appendant , and against him , who ( when a parson incumbent dieth , or a church otherwise becomes void ) disturbeth the other in the right of his advowson , by presenting a clerk thereunto being void . vhis writ is distinguish'd from the former of darrein presentment or assisa ultimae praesentationis , because this latter lieth ( as aforesaid ) onely where a man or his ancestors formerly presented , but the quare impedit lies properly for him , who himself was the purchaser of the advowson ; though he that may have assize of darrein presentment , may have the other if he please , but not so vice versa , as was also before observed . yet it is said in reg. orig. f. . that a quare impedit is of a higher nature , than an assize of darrein presentment , because it supposeth both a possession and a right g . which quare impedit the executors of a testator may ( as well as himself might ) have upon a disturbance made to the presentment ; and so was the opinion of the whole court in smallwoods case awainst the bishop of coventry and lichfield , that the executors may have a quare impedit upon a disturbance made to the presentation h , which writ lieth also of a chappel , prebend , &c. i . and in case after the death of the ancestor of him that presented his clerk unto a church , the same advowson be be assigned in dower to any woman , or to tenant by the courtesie , which do present , and after the death of such tenants , the very heir is disturbed to present when the church is void , it is in his election whether he will sue the writ of quare impedit or of darrein presentmet ; the which , it seems , is also to be observed in advowsons demised for term of life , or years , or in fee tail k . and dammages shall be awared in both these writs , that is , if the time of six months pass by the disturbance of any so that the bishop doth thereby collate to the church , and the very patron lose his presentation for that turn , dammages shall be awarded for two years value of the church : and if the six months be not elapsed , but the presentment bederaigned within that time , then dammages shall be awarded to the half years value of the church : and if the disturber hath not wherewith to satisfie the damages , where the bishop collateth by lapse of time , he shall suffer two years impisonment ; and half years imprisonment , where the advowson is deraigned within the half year l . likewise , he that recovers a mannor , whereunto an advowson is appentlant , being disturbed to present when the church is void , shall have a quare impedit m . in which , as also in assise of darrein presentment , plenarty of the defendants or disturbers party is no plea n ; but two quare impedits of one church , and for one avoidance a man cannot have o . in the case between the king and the bishop of norwich and saker and cole it was resolved , that when one is admitted , instituted and inducted , by the presentation of a common person , though it was upon an usurpation upon the king , yet the king cannot remove the incumbent without a q. impedit brought , for the church is full of him till he be removed — cro. par . . ( . ) ne admittas , is a writ that lieth for the plaintiff in a quare impedit , or him that hath an action of darrein presentment , depending in the common pleas , and feareth that the bishop will admit the clerk of the defendant during the dependency of the suit betwixt them . this writ must be sued within six months next after the avoidance , because after the six months the bishop may present by the lapse . therefore if the patron of a church vacant , having or not having any controversie depending with another touching the right of presentation , doubteth that before he makes his presentation , the bishop may collate a clerk of his own , or admit a clerk presented by another to the same benefice unto which he hath such right of presentation , he may at his own suit have this writ of ne admittas directed to the bishop forbidding him to collate or admit any to that church during the time aforesaid p . ( . ) vi laica removenda , is a writ which ( upon the bishops certificate into chancery of a force and resistance touching a church ) lieth where a debate or controversie is between two parsons for a church , the one whereof doth enter into the church with a strong hand and great power of the laity , holding the other out , and keeping possession thereof vi & armis ; whereupon he that is so held out of possession may have the said writ directed to the sheriff of the county , to remove the force within that church , and ( if need be ) to raise the posse comitatus to his assistance , and to arrest and imprison the persons that make resistance , so as to have their bodies before the king at a certain day to answer the contempt : which writ is ever made returnable , and is sometimes grantable without the bishops certificate , as aforesaid , for it may , it seems , be had upon a surmise made thereof by the incumbent himself without such certificate ; there being a distinct and several form thereof in each of the said cases q . so that this writ properly lieth for the removal of any forcible possession of a church kept by lay-men . . indicavit is a writ in the nature of a prohibition , issuing out of the kings temporal to his ecclesiastical courts , and lieth for the patron of a church , whose clerk is defendant in some spiritual court in an action of tithes commenced against him by another clerk , and extending to the value of the fourth part of the church , or of the tithes belonging thereunto ; for in this case the cognizance thereof belongs to the kings temporal courts by the stat. of westm . . c. . wherefore , the defendants patron being like to be prejudiced thereby in his church and advowson , in case the plaintiff should prevail and obtain in the spiritual court r . so that this writ lieth properly where there is a contest or controversie between two clerks in an ecclesiastical court , of a church or part thereof for dismes or tithes amounting at the least to the value of the fourth part of the church ; in which regard the patron of the clerk defendant , losing his advowson in case the plaintiff should recover in the spiritual court , shall have this writ directed to the clerk plaintiff , or to the officers of the ecclesiastical court , commanding them to cease their proceedings , until it be discust and decided in the temporal court , to whom the cognizance of the advowson belongs ; this writ shall be between four persons , whereof two are patrons , and two are clerks ; and is not returnable as other writs ; but if they cease not their suit and proceedings in the ecclesiastical court , an attachment issues . s . ( . ) advocatione decimarum is a writ , that lieth for the claim of the fourth part or upwards of the tithes that do belong to any church t . ( . ) admittendo clerico is a writ granted to him , who hath recovered his right of presentation against the bishop in the common pleas u . ( . ) beneficio primo ecclesiastico habendo is a writ directed from the king to the lord chancellor , to bestow the benefice that shall first fall in the kings gift , above or under such a value , upon this or that person w . ( . ) cautione admittenda is a writ that doth lie against a bishop , who holdeth and detaineth an excommunicate person in prison , notwithwanding he offers sufficient caution or assurance to observe and obey the orders and commandments of holy church from thenceforth . the form and further effect of which writ vid. reg. x . ( . ) clerico infra sacros ordines constituto , non eligendo in officium , is a writ directed to the bayliffs , &c. that have imposed a bailywick or beadleship upon one in holy orders , charging him to release him thereof y . ( . ) clerico capto per statutum mercatorum , &c. is the delivery of a clerk out of prison , who is imprisoned upon the breach of the statute merchant z . ( . ) clerico convicto commisso goalae in defectu ordinarii deliberando , is a writ for the delivery of a clerk to his ordinary that was formerly convict of felony , by reason his ordinary did not challenge him according to the priviledges of clerks a . ( . ) annua pensione is a writ now grown obsolete and out of use : for whereas anciently there were certain abbies and priories , that in respect of their foundation or creation , were obliged unto an annual pension due unto the king for such his chaplains unprovided of a sufficient living , as he should nominate and appoint : this writ in pursuance thereof was wont to issue to such abbot or prior , in favour of such whose name was comprised in the said writ , until &c. requiring the said abbot or prior , that for his said chaplains better assurance , he give his letters patents for the same b . ( ) vicario deliberando occasione cujusdam recognitionis &c. is a writ that lieth for a spiritual person imprisoned upon forfeiture of a recognizance , without the kings writ c . for as there is one form of the writ statuto mercatorio , for the imprisoning of him who hath forfeited his bond called the statute merchant , until the debt satisfied , as to lay persons : so there is another form of the said writ , as against ecclesiastical persons d . ( . ) touching the three writs , viz. de excommunicato capiendo . excommunicato deliberando . excommunicato recipiendo vid. sup . in cap. de excommunicatione . ( . ) the village of st. andrews brought a quare impedit against the archbishop of york and countess of strewsbury , and after brought an assize of darrein presentment for the same church . the quare impedit is returned . it was said by the court that the assize of darrein &c. shall abate , vid. by hobard . but if he had brought another quare impedit , it had been well . and so it was resolved in the earl of bedfords case ; and by hutton , that the statute of w. . cap. . proves it , viz. quod habeant ass . &c. vel quare imp. but not both vid. e. . . e ( . ) in a quare impedit the incumbent pleads , that before the action brought he had been in by the space of six months , &c. of the presentment of s. s. in the church . this difference was taken by serjeant henden , and agreed by the court : when the incumbent pleads the presentment of a stranger , there he ought to shew , that the stranger had a title , and that he was seised of the advowson , &c. or that he was seised of a mannor to which , &c. but where he pleads that he was in for six months of the presentment of the plaintiff himself , or by collation by lapse by the ordinary , there he need not make any title . . e. . f . ( . ) if a man recovers in a quare impedit against an incumbent , the incumbent is so removed by the judgement , that the recoverer may present to the church without other removal of the incumbent , who yet continues incumbent de facto until there be a presentation made by the recoverer g . and after such recovery in a quare impedit , a stranger to the recovery cannot present to the church , for notwithstanding the recovery , the incumbent continues incumbent de facto as to all strangers to the recovery h . ( . ) a quare impedit lies of a donative , and the writ shall be quod permittat ipsum presentare ad ecclesiam , &c. and set forth the special matter in his declaration i . and the grantee of a next avoidance may have a quare impedit against the patron who granted the same k . ( . ) if the husband , who hath an advowson in right of his wife , be disturbed in his presentation thereto , and dies , the wife shall have a quare impedit on that disturbance l also a chapter may have it against the dean for their several possessions m . it lies also of a free chappel which a man hath by patent from the king , n if the sheriff refuse to put him into possession thereof o . a presentation by a bishop as patron , is sufficient for the king to maintain a quare impedit to the church , when the temporalties come into the kings hand by reason of vacancy of the bishoprick p . ( . ) the writ of right of advowson lieth properly for him , who claims to have the advowson to him and his heirs in fee-simple q . this writ lies of an appropriation r . he that procures this writ , ought to shew a possession in himself or ancestors s . admission and institution of a clerk without induction , is not sufficient to maintain this writ t . ( . ) when a man presents his clerk to the bishop within the six months , and also another presents his clerk , in that case the church is litigious , and the bishop may issue the writ de jure patronatus , to enquire to whom the right of patronage belongs . this writ may also issue out of chancery to the ordinary u . and the ordinary is to make inquisition thereon w . some question is , at whose costs this writ shall be sued , whether at the bishops , or at the parties ? it hath been said , that it shall be sued at the costs of the ordinary ; because it is for his own discharge and for his ease x . but it seems otherwise , for that the ordinary is not oblig'd to award a commission to enquire de jure patronatus ex officio , but at the desire of the parties y . for when the church is litigious , he may suffer the lapse to incurr without enquiry . h. . . curia . h. . . b. and if he should be obliged to grant it ex officio , then he should never have a lapse . h. . . and by h. . . it shall be at the costs of the parties , for that the ordinary is judge in that case z . if there be but one onely that doth present to the ordinary ; yet he may award a jure patronatus a . but if two present , then there may be two jure patronatus b : and if the ordinary admit his clerk , for whom the right is found upon the writ , it will excuse the ordinary , and he shall be no disturber , although the right in a quare impedit be afterwards found for the other party c . but if on the said writ the right be found for one petron , and afterwards the ordinary admit the clerk of the other patron , that is at his peril , for he may ( if he please ) admit him , notwithstanding the commission , and the finding for the other d . for it seems it is but for the ordinaries better information . but when the right on the said writ is found for one patron , and the ordinary admits the clerk of the other patron : if it be afterwards found in a quare impedit , that the right belongs to that patron for whom it was found in the jure patronatus , he will be a disturber e . it is some question , whether the ordinary may suffer the lapse to incurr , after it is found on the said writ for one of the patrons ? it is supposed that he may not : for h. . . per prisot . he shall not have any lapse after it is found for one of them , for he is to admit his clerk f . yet after it is found for one of them , the ordinary is not obliged to admit his clerk without a new request made to him by the clerk , but no need of the patrons making any new request or presentation g . ( . ) the writ of spoliation lies properly by one incumbent against another incumbent , where the right of the patron comes not into debate h . and therefore if a person be created bishop , and hath a dispensation to hold his rectory , and after the patron presents another incumbent , who is instituted and inducted , the bishop shall have against that incumbent a spoliation ; which proves the bishop to continue incumbent after his consecration , and to hold his rectory by his former presentation ; and in ancient times it was held , that where the pope doth licence one , who is created a bishop , to retain his former benefice , and the patron presents another , if in that case the elder incumbent sues a spoliation in the spiritual court , it well lies , for both claim by the same patron i . so that if one happen ( during the incumbents presentation ) to be presented by the same patron , or do come into the same church , by course of law , so that the patronage comes not into debate , a spoliation lies . ( . ) if any man shall hold or keep the possession of a church by force , so that the bishop or the parson cannot do their office there , it shall be removed by the kings writ , called vi laica removenda , as aforesaid : which writ lies especially where the debate is between two parsons touching the same church , or prebendaries , on the title , and where the one keeps the other out by force and arms ; but by this the force only shall be removed , and not the incumbent , who is in possession of the church , whether he be in possession by right or wrong . and this writ shall be granted on the bare surmise of the incumbent , or party greived , without any certificate made by the bishop into chancery , as upon such certificate , & also by reason thereof ; and there are two several forms of the writ in these two cases ; which writ is returnable or not , at the pleasure of the party who sues out the same ; and may be returned into the court of common pleas as well as into the kings bench. s. was deprived by the high commissioners for not conforming to the canons of the church ; it was general , quia refractarius ; but no particular canon mentioned : the king by reason of the said deprivation , presented b. who was inducted , but s. would not yield up the possession of the parsonage-house : whereupon the writ of vi laica issued out of chancery ; the sheriff came to the house , but could not apprehend the parties ; b. finding the house empty , entered peaceably ; s. made an affidavit in b. r. that he was ousted by the sheriff by force , and b. put in possession ; the court of b. r. thereupon granted a writ of restitution , he having an appeal depending of the deprivation : in this case these points were resolved ; ( ) that the writ de vi laica removenda is not returnable unless the sheriff find the force . ( ) that the kings bench cannot award restitution upon an affidavit , but there ought to be a return of the writ of vi laica &c. in the chancery , and upon affidavit made there , that the sheriff by virtue of the writ hath removed one and put another in possession , restitution is awardable . ( ) resolved , that upon a deprivation by the high commissioners no appeal lieth , because the commission is grounded upon the prerogative of the king , in the ecclesiastical goverment ; and therefore the commissioners being immediate from the king and possessing his person no appeal lieth . ( ) resolved , that the canons of the church , made by the convocation and the king , without parliament , shall bind in all matters ecclesiastical , as well as an act of parliament : in the principal case it was adjudged , that until the deprivation was repealed , it stood good ; and so b. had good title to the church . a lease was made of a rectory , a parson was presented to it , and upon a supposition , that he was held out by force , had a vi laica removenda , upon which the sheriff returned non inveni vim laicam , nec potentiam armatam , notwithstanding which return upon affidavit , that he was kept out with force , a writ of restitution was awarded out of the kings bench. yet in zakars case , coke chief justice said , we are to judge upon a record , and not upon affidavits , in which case he being deprived for simony , richardson serjeant moved the court to have him restored again , because ( as he urged it ) he was unlawfully removed : the reason being , that in a vi laica removenda , whereby he was removed ( which writ by f. n. b. and the register , comes to remove omnem vim laicam ) he shews that the sheriff did dispossess him , and put another in , the which he ought not to do , and as coke chief justice then said , that in so doing he had done against the law , if he removes one and puts another in ; and richardson serjeant there cited robinsons case , hill. . eliz. where upon an affidavit made that the sheriff in a vi laica removenda , had removed one , and put another in , there this was debated , whether upon this shewed to the court the first man removed should be restored again or not ; and there resolved by the whole court , the second man to be displaced again , and the first to be restored ; and coke said , if a justice of peace remove a force , he cannot put another into possession : ( . ) there is a writ in the register , quod clerici non eligantur in officium ballivi &c. for all ecclesiastical persons in office are allowed certain priviledges by the common law in respect of their function ; they are exempt from all personal charges , which might any way hinder them in their calling ; as to be chosen to the office of bayliff , beadle , reeve or the like in respect of their lands ; to which end the said writ is provided , which doth recite that by the common law they ought not to be chosen to such offices aforesaid , and commands that in case any distress be taken or amercement levied on any of them on that account , that it shall be restored . so the stat. of marleb . cap. . that persons of holy church , and persons religious , shall not be commpell'd to come to the sheriffs tourne or leet ; and so also it is by the common law. in favour also of holy church the law did anciently allow them two other priviledges , viz. clergy and abjuration . in the ninth year of the reign of king james , a question was moved , whether after the conviction of an heretick before the ordinary , the writ de haeretico comburendo did at that day lie or not ; as to the resolution of which question the judges were then divided in opinion , as appears in the fortieth chapter precedent , § . . what was then controverted , is now decided by an act of parliament made in the th . year of his majesties reign , wherehy it is enacted , that the writ commonly called breve de haeretico comburendo , with all process and proceedings thereupon , in order to the executing such writ , or following or depending thereupon , and all punishment by death , shall be from thenceforth utterly taken away and abolished . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 finis . the index referring to page and paragraph . abby-lands , how many ways priviledged or discharg●● 〈◊〉 tithes . p. . how the abby of battel came to be dispens●● with from visitation . p. . sect. . when and by whom 〈◊〉 abby of westminster was founded . p. . sect. . abbot , whence that word is derived , and what it signifies . p. . sect. . how many abbots anciently in england . p. . sect. . and . sect. . they were reputed as peers . p. . sect. . some were elective , others presentative . p. . sect. . when and by whom made elective . p. . sect. . three abbots condemn'd at once for denying the kings supremacy . p. . sect. . abeyance , what . p. . sect. . and . sect. . and . sect. . abjuration , the form thereof anciently . p. , . sect. . absence of the husband from the wife , what requisite to cause a divorce . p. . sect. . abstinence or fasting days , the original thereof in england . p. . sect. . acceptance of rent , by a bishop , whether it shall bind him . p. . sect. ult . by a parson , whether it confirms the lease made by his predecessor . p. . sect. . accessories determinable in that court which hath cognizance of 〈◊〉 principal . p. . sect. . and p. . sect. . accompt , in what case an executor shall not be compelled thereun●● p. . sect. . acorns , whether tithable . p. . action upon the case , in what case it may lye at common law for suing in the ecclesiastical court. p. . administrator , how he may make his own goods 〈…〉 debts . p. . sect. . admission , what ; and under what qualification 〈…〉 p. . sect. . the form thereof . p. . sect. . admittendo clerico , in what cases that 〈…〉 adultery , where cogni●able , and 〈…〉 advocatio medietatis ecclesiae , & medietatis advocationis ecclesiae , the difference in law between them . p. . sect. . advocatione decimarum , what that writ imports . p. . sect. . advowe or avowe , who properly such . p. . sect. . and p. . sect. . advowson , what ; and whence derived . p. . sect. . twofold . p. . the original thereof . p. . sect. : a temporal non spiritual inheritance . p. . sect. , . how advowson in gross differs from appendant . p. . sect. . whether it may be extended . p. . sect. . by what words in a grant it may pass , or not . p. . sect. . p. : sect. , . whether it may be assets . p. . sect. . whether the advowson of a vicarage endowed , belongs to the parson or the parsons patron . p. . sect. . whether the advowson of a vicarage doth pass by the grant of the vicarage . p. . sect. . three original writs of advowsons . p. . sect. . aftermath , and aftergrass , whether tithable . p. . age , at what age a minor executor may administer . p. . sect. . agistment what , and whether titheable . p. , . agreement between parson and parishioner touching tithes . p. . sect. . and p. , . good for years without deed , not so for life p. . sect. . and p. . alcheron , how severely it doth punish adultery . p. . sect. . aldermanus , anciently what ? p. . sect. . aliens , whether presentable to a church in england , p. . sect. . and p. . sect. . alimony , what . p. . sect. . where cognizable . p. . sect. . , . in what cases the law allows alimony or not . p. , . sect. , . whether due to her that elopes . p. . sect. . alms , or things appointed for that end , whether tithable . p. . altarage , what . p. . sect. . whether tithe - wool , or tithe - wood shall pass by the word altaragium . p. . sect. . p. . sect. , . st. andrews in scotland , when and by whom the bishop thereof was made metropolitan of all scotland . p. . sect. . animalia utilia & inutilia ; the difference between them in reference to tithes . p. . sect. . and p. . annates , what ; by and to whom payable . p. . sect. . the original thereof . p. . sect. , . vid. first-fruits . annua pensione , what that writ imports . p. . sect. . anselme archbishop of canterbury , the first that made appeals to rome . p. . sect. . and p. . sect. . the first archbishop of canterbury that was legatus natus . p. . sect. . apparitor , action against such for false informing . p. . sect. . vid. summoner . appeals to rome , prohibited . p. . sect. . p. . sect. . they are made to the king in chancery . p. ibid. appeal out of ireland to the delegates in england , in what case . p. . vid. delegates . appellatione remota , the effect of that clause in law. p. . sect. . apples , what tithes they pay , whether small to the vicar , or great to the parson . p. . sect. . p. . in what case they may not be tithable . p. . sect. . appropriation , what . p. . sect. . the original thereof . p. , . sect. . whether it may be made without the kings license . ibid. and p. . sect. . whose assents are requisite thereunto . p. . sect. . how they are now chang'd in their use and end , from what they were originally . p. . sect. . whether they might formerly be granted to nunneries . p. . sect. . and p. . sect. . they may not now ( as to their original ) be called into question . p. . sect. . how a church impropriate may become disappropriate . p. . sect. . arabians , their strange conceit of adultery . p. . sect. . the punishment thereof with them capital . ibid. arable land , left fallow and untill'd every other year , whether tithable that year . p. . archbishop , whence so called ; a description of that dignity . p. . sect. . what difference between archbishop and metropolitan . p. . sect. . three archbishops in england and wales anciently . p. ibid. sect. . how that in wales came to be lost , and when . p. . sect. . none in ireland until the year . p. . sect. . in what cases an archbishop may call causes to his own cognizance nolente ordinario . p. . sect. . whether he may cite a man out of his own proper diocess . p. , &c. sect. . the great antiquity , precedency , priviledges , style , and precincts of the archbishop of canterbury . p. . sect. . he is the first peer in england , next to the blood royal. ibid. anciently he had primacy as well over all ireland as england . p. . sect. . he was anciently styled patriarcha , & orbis britannici pontifex . ibid. he had some special marks of royalty . p. . sect. . several priviledges peculiar to him . ibid. whether he had concurrent jurisdiction in inferiour diocesses within his province . p. . sect. . that see kept four years by king william rufus without an archbishop . p. . sect. . in what respects the archbishop of canterbury hath some power over the archbishop of york . p. . sect. . the original of the metropolitan see of york . p. . sect. . the antiquity , precedency , style , and precincts of the archbishop of york . ibid. anciently an archbishop of london . p. . sect. . arch●s-court , the hig●● consistory . p. . sect. . why so called . p. . sect. . the great antiquity , jurisdiction , and decent order 〈…〉 . 〈…〉 and what he is . p. . sect. . how he 〈…〉 office and jurisdiction . p. . sect. . the 〈◊〉 kinds of archdeacons , and how many in england . p. . sect. . how they are distinguished by the canon law. p. . sect. . whence their p●rer is derived . p. . sect. . the canon touching 〈…〉 to their visitations . p. . sect. . whether they have power of visitation jure communi . p. , . sect. . what remedy in case an archdeacon d●th refuse to swear the church-wardens elect . p. . sect. . whether an archdeaconry be understood as a benefice with cure p. . sect. . and p. . sect. arch-flamins , what , and how many anciently in england , and where . p. . sect. . they were succeeded by as many archbishopricks . ibid. arch-presbyter , what , p. . sect. arms , or coat-armour on monuments or church-windows not to be defaced or demolished . p. , . sect. arrests , whether they may de executed on christmas-day . p. . sect. . whether executable on clergy-men in time of divine service . p. . sect. . articles of religion , what kind of subscription thereunto required . p. . sect. . articles of religion under king ed. . p. . sect. . the like under q. eliz. ibid. articles of enquiry on a jure patronatus . p. . sect. . articles before the high commissioners at york against the vicar of hallifax . p. . sect. . articuli cleri , and circumspecte agatis , what . p. . assault on a clerk , whether cognizable before the ordinary . p. . sect. . assaults in the church or church-yard are not to be retaliated . p. . sect. assent to the articles of religion , what good or not , within the intent of the statute . p. . sect. . assent of the ordinary requisite to the foundation of a church , p. . sect. . assent of the patron requisite to the vnion and appropriation of churches , p. . sect. . assise de utrum , what , and why so called , p. . sect. . atturney at law , he may not be elected church-warden , p. . sect. . audience , or court of audience , what it was , where kept , and what matters it took cognizance of , p. . sect. . aumone or frank almoigne , a description thereof , it 's use and end , p. . sect. . avoidance , what , . sect. . twofold , ibid. what difference between avoidance and next avoidance , p. . sect. . how many ways it may be , p. ibid. sect. . in what court cognizable , p. . sect. . the difference between the common and canon law in reference to avoidances , p. . sect. . the grant of the next avoidance , during an avoidance , is void , p. . sect. . whether the grant of a next avoidance good without deed , p. . sect. . avowe or advowe , what , p. . sect. . austin , whether the first that preached the gospel in england , p. . sect. . whether the first archbishop of canterbury , p. ibid. where buried , p. . sect. . award or arbitrement pleaded in barr of tithes in the ecclesiastical court , and refused , no ground for a prohibition , p. , . sect. . b. bail , whether it may be taken for one apprehended by a capias , de excom . capiend . p. . sect. . banns , what , whence derived ; how published ; by whom dispensed with , and the legal requisites in order to such dispensations , p. . bark of trees , what not tithable , p. . barren land , the law touching the tithes thereof , p. . &c. bastard , whence that word , and who properly such , p. . sect. . and p. . sect. , . how differenced from mulier at common law , p. . sect. . how distinguish'd at the civil law , p. . sect. . how that law computes the time of a womans going with child , p. . sect. . how computed at the common law , p. : sect. . and p. . sect. . bastardy , how distinguish'd at common law , p. , . sect. . it is triable by the certificate of the bishop , p. . sect. . how prosecuted in courts of justice , p. . sect. . and p. . . sect. . how punished , p. . sect. . and p. . sect. . difference between the common , civil , and ecclesiastical law in reference to bastardy , p. . sect. . baud , whether and where actionable for calling one so , p. , . sect. . and p. . sect. . and p. . . beauford henry , great vncle to king h. . and bishop of winchester , made cardinal , how he thereby fell into a premunire , p. . sect. . becket archbishop of canterbury , his contention with king henry . p. . sect. . beech-trees , how and in what case tithable or not . p. . bees , in what kind they pay tithes . p. ibid. benefice ecclesiastical , the true definition thereof . p. . . the reasons of that definition . p. ibid. whether ecclesiastical dignities fall under the notion of benefices . p. . sect. . of what a benefice consists . p. , . sect. . no contract to be made for it , nor is it vendible . p. . sect. . six signs or requisites of an ecclesiastical benefice . p. ibid. the common distinction thereof . p. . sect. . beneficio primo ecclesiastico habendo , what that writ imports . p. . sect. . birch-trees , whether tithable after twenty years growth . p. . bishop , the derivation of that word , and why so called . p. . sect. . anciently he was the universal incumbent of his diocess . p. . sect. . why called ordinary . p. ibid. sect. . what things requisite to his creation . p. . sect. . the form and manner of making bishops . ibid. and p. . and p. . sect. . his interest and authority in his several capacities . p. , . sect. . whether he may grant letters of institution out of his own proper diocess , and under any seal other than his own seal of office. p. . sect. . several things incident to a bishop qua talis . p. ibid. and sect. . in what respects his jurisdiction is not meerly local . p. , . sect. . the dignity and precedency of bishops here in england . p. . sect. . their precedency among themselves . p. . sect. . their capacity of temporal jurisdiction restored . p. . sect. . they were anciently invested per annulum & baculum . p. . sect. . and p. . sect. . bishops of london deans of the episcopal colledge . p. . sect. . bishopricks in england , all founded by the kings of england . p. . sect. . how many iu england . p. , . sect. . they were anciently donative . p. . sect. . and p. . sect. . their patronage is in the king. ibid. how the bishopricks of wales became annexed to the crown of england . p. . sect. . they were erected into baronies by king william the conqueror . p. . sect. . blasphemy , what ; whence so called ; threefold , the severe punishments inflicted thereon . p. , . sect. , , . bona notabilia , what . p. . sect. . bricks , whether tithable . p. . broom , in what case tithable or not . p. . buck and doe , not tithable , yet payable for tithe . p. . sect. . and p. . sect. . bull , or the popes bull , whence so called . p. . sect. . burial in the body of the church , who hath right to license it . p. . sect. . whether any thing payable to the parson for burial of him out of his parish , that died in his parish . p. . sect. . burglary to enter a church by night with an intent to steal . p. . sect. . c. caerlegion in wales , anciently the metropolis of britannia secunda . p. . sect. . calves , how tithed , and when , and what kind of tithes they yield . p. . camois , or sir john de camois , the remarkable case of his demising his wife . p. . sect. . canon-law , when and how first introduced into england . p. , &c. sect. . where and by whom it was first read in this kingdom . p. . sect. ibid. whether it be any part of the law of england . p. , . sect. . p. . sect. . canons anciently made by the kings of this realm without the pope . p. . sect. . they were ever called the kings canons , not the bishops . p. ibid. they cannot be made , nor oblige the subject without the royal assent . p. . sect. . and p. . sect. . they may not be repugnant to the kings prerogative , nor to the laws or customes of the realm . p. ibid. p. . sect. . p. . sect. . p. . sect. . p. . sect. . what canons in force . ed. . p . sect. . they are the ecclesiastical laws of the land. p. . sect . canterbury , anciently the royal city of the kings of kent . p. . sect. . when first declared to be the metropolitan church of england , scotland , and ireland . p. sect. . cathedrals , whence so called . p. . sect. . cathedraticum , what ; and how it differs from procurations ; p. . § . . the original thereof . ib. cattel , in what cases tythable or not , and the herbage thereof . p. , . p. . sect. . p. . § . . whether young cattel are tythable . ib. p. , . § . . whether the herbage of barren cattel be tythable . p. . § . . caveat entered against an institution to a benefice , whether it makes void such institution made after the entring of the caveat . p. . § . . p. . § . whether a caveat entred in the life time of an incumbent be void . ib. cautione admittenda , what that writ imports , and the effect thereof in law. p. . § . . certificate of the bishop , requisite in a plea of bastardy . p. . § . . in what case traversable . p. . § . . cession , what . p. . § . . where cognizable . p. . § . . chalk , whether tythable . p. . chancel , by whom to be repaired , p. . § . . p. . § . . in whom the freehold thereof 〈◊〉 . p. . § . . chancellor of a diocese a description of his office. p. . § . . what matters cognizable by him . p. . § . . the original and use of that office p. , . § . . what the canons enjoyn concerning such p. ibid. § . . why called the bishops vicar general . p. . § . . whether a divine not experienced in the civil and canons laws may be a chancellor p. , . § . . chaplains , whether the king , queen , prince , and children of the blood royal , may retain as many as they please . p. . § . . how many the archbishop of canterbury may retain . ibid , & p. . § . . and p. . § . . how many retainable by a bishop , ib. how many by a duke , marquess , earl , and other persons of honour , p. . sect. . chappel , whence that word p. , . sect. . how many kinds thereof . ibid. what a chappel of ease , and what a free chappel is , and by whom visitable . sect. ibid. the imperial law touching the building of chappels . p. . sect. . chapter , what , p. . sect. , &c. the difference between capitulum and conventus . p. . sect. . charles martell , the first that violated the church in point of tithes . p. . sect. . charter of william the conquerour touching consistories . p. . of king john touching the election of bishops . p. . sect. . of king h. touching pentecostals . p. . chaunter and chauntry , what . p. , &c. sect. . certain differences in law touching chauntries . p. . sect. . che●se , in what case to be tithed or not . p. . cherry-trees , where adjudged timber and tithe-free . p. . chicken , how tithable or not . p. . child , how reputed legitimate or not , as to the time of it's birth in computation from the time of its conception . p. . sect. . chorepiscopi , what . p. . sect. . christmas-day , whether arrests may be made thereon . p. . sect. . church , none such in law until consecration , p. . sect. . anciently a sanctuary , p. . s . . church-lands prohibited by the imperial law from being alienated , p. . s . . in whom the freehold of the church and church-yard is , p. . s . . churchwardens , by whom eligible , and wherein their office consists , p. , &c. sect. . p. . s . , . p. . s . . & p. . s . . whether they are a corporation in law , p. , . s . . & p. . s . . and whether as such they may take lands to the use of the church , p. . s . . & p. . s . . what power they have touching seats in the church , p. , . s . . what actions may lie for or against them , p. . s . . p. . s . , . p. . s . . p. . s . . p. , . s . . before whom they are to make their account , p. . s . . p. . s . . & p. . s . . whether the new church-wardens may have action for trespass done in their predecessors time , p. . s . . cistercians , discharged of tithes , p. . their priviledge in respect of synodals , p. . s . . citation , whether it may issue originally out of the archbishops consistory , to any not inhabiting within his diocess or peculiar , without license first obtain'd from the diocesan , p. . sect . . p. soi . s . . p. . s . . city , what properly , p. . s . . clay , whether tithable , p. . clergy , whence so called , p. . s . margent . what their priviledges , p. , &c. s . . clerico capto per statututum mercatorum , what that writ imports , p. . s . . clerico convicto commisso goalae in delectu ordinarii deliberando , what that writ signifies , p. ibid. s . . clerico infra sacros ordines constituto , non eligendo in officium , what the use and end of that writ , p. ibid. sect . . & p. . s . . clothes fulled in a fulling-mill , whether tithable , p. . coals , whether tithable , p. ibid. coat-armour in a church , whether action lies against such as pull it down , and for whom , p. . sect . . p. . s . . p. . s . . p . s . . p. . s . . collation , what , p. . s . . how it differs from presentation and institution , ibid. it is only in right of the patron , p. . s . . commendam , what , p. , . sect . . threefold , p. ibid. & p. . s . . the law touching commendams , p. . sect . , &c. commissary or commissarus foraneus , what p. . sect. . & p. . s. . and p. . sect. . whether the grant of a commissarie's place or the reve●●an thereof by a bishop , shall bind his successors , p. , . sect. , . whether the office of a commissary may be granted to a lay-person , p. . sect. . p. . sect. . common of estovers , whether tithable , p. . commposition in reference to tithes , what the law therein , , . for a mans life , whether good without deed , p. . sect. . for one year , or more , whether good without deed , p. . sect. . commutation for penance justifiable by law , p. . sect. . confirmation of bishops , what , p. . sect. , . the form thereof , ib. and p. , . conge d'eslire , what , p. . sect. . p. . sect. . the original thereof , ibid. restrictions thereof , p. . sect. . consecration of bishops , what , p. . sect. . the manner how , and the ancient solemnity thereof , p. , . sect. . it is character indelebilis , p. . sect. . the scandal forged by the romanists , touching consecration of bishops in england , p. . sect. . how churches were anciently consecrated , p. , . sect. , , . consent to the articles , what not good , p. . sect. . consistory , what , p. . sect. , . whence the word derived , and the diverse significations thereof , p. , . sect. . constituted by willam the conquerour , p. . sect. . the original and antiquity of consistories , p. ibid. sect. . the difference between consistorium and tribunal , p. , sect. . consolidation of churches , what , and whence so called , p. . sect. . how distinguished in law. p. . sect. . how many ways it may be . p. . sect. . the reasons or grounds thereof in law. p. , sect. . the legal requisites in order thereto . p. . sect. . constitutions of claringdon , in order to church-government . p. . sect. . consultation , in what cases it hath been awarded . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . . . . . . . . . p. . . . . . . . . . where a consultation is awarded after a prohibition , there no new prohibition to be on the same libel . p. . sect. . convocation court , what . p. . sect. . p. . sect. . how and by whom convened . p. . sect. . p. . sect. . the antiquity , power , priviledges , and jurisdiction thereof . ibid. conies , taken in a warren , whether tithable . p. . they are not tithable of common right . p. . sect. . corn , the law in reference to the tithes thereof , p. , , &c. a case in law touching corn set out for tithes , and left by the parson on the ground . p. . sect. . costs of suit , in what case not given upon failure of proof of a suggestion within the six months . p. . sect. . costs obtain'd by church-wardens in a suit for reparations , are to the use of the church . p. . sect. . costs of suit discharged by a pardon relating before the taxation thereof . p. . sect. . covent , anciently a corporation . p. . sect. . councils , to whom the power of calling and dissolving them belongs . p. . sect. . the several kinds thereof . p. . sect. . sect. . a catalogue of councils and synods . p. , &c. courts ecclesiastical , the several kinds thereof . p. . sect. , &c. court of augmentations , what . p . sect. . cowes yielding milk , whether tithes due for their pasture . p. . cranmer , when and how he became archbishop of canterbury . p. . sect. . cuckold , whether action lies for calling one cuckoldly knave , and where . p. . sect . p. . sect. . curate , whether he may prescribe against the parson . p. . sect. . curtelages , whether tithes are due out of such . p. . custome in reference to tithes , how it differs from prescription . p. . what customes not triable in the ecclesiastical courts . p. sect. . d. dammages , who shall have them treble , and in what case , p. . sect. . p. . sect. . darrein presentment , what that writ imports , in what case it lies , wherein it differs from a quare impedit , and when it abates . p. . sect. . p. . sect. . david , vncle to king arthur , succeeded dubritius in the archbishoprick of caerlegion in wales . p. . sect . dean , what ; why so called . p. . sect. . the several kinds thereof . ibid. sect. . and p. . sect. . what dean and chapter signifies . p. . sect. . whether they are a body politick , spiritual or temporal , p. , . sect. . dean of the arches , whence so called . p. . sect. . deans rural , what , p. . sect. . a lay-man , once dean of durham . p. . sect. . deanary , whereof it consists . p. . sect. . whether deanaries are understood as benefices with cure. p. . sect. . p. . sect. . whether a deanary may be a dispensation be held in commendam with a bishoprick , p. . sect. . decimae majores , & minores , what and to whom payable , p. . decrees and decretals of the canon law , when first published here in england . p. . sect. . deer , whether tithable , p. . sect. . and p. . defamation , what , and where cognizable , p. , &c. degradation , what , p. . sect. . may be done two ways , ibid. deprivation , what , p. . sect. . the causes thereof , p. , . sect. . where cognizable , p. . sect. . whether a bar to tithes due before , p. . whether the church be void , pending the appeal from a sentence of deprivation , p. . sect. . delegates-court , how constituted , p. . sect. . whether they may excommunicate , or grant letters of administration , p. ibid. dilapidation . what , p. . sect. , , . the remedies in law against it ; and how many ways it may happen , ibid. whether it be a sufficient cause of deprivation , p. . sect. , . and p. . sect. . diocess , whence that word derived , p. . sect. . what it properly signifies , p. . sect. . discharge of tithes , how many ways it may be , p. . in what cases it may be , or not , p. . sect. . p. . sect. . dispensation , the true definition thereof , p. . sect. . by whom dispensations may be granted , and in what cases , p. , &c. sect. . anciently had from the court of rome . ibid. it may be without the word [ dispensamus ] p. . sect. . they are grantable by the king , qua talis , p. . sect. . p. . sect. . the granting thereof is eminently in the crown , p. . sect. . the archbishop of canterbury may be statute grant them , ibid. p. . sect. . the difference between such granted by the pope formerly , and those granted by the king now , p. . sect. . in what case grantable by the guardian of the spiritualties , p. . sect. . what remedy in law in case he refuse so to do , ibid. divorce , what , . sect. . the causes thereof , ibid. whether ( if for adultery ) it dissolves the marriage à vinculo , p. . sect. , &c. donative churches , what , p. . sect. . the original thereof , p. ibid. by whom visitable , p. . sect. . the law concerning donatives , p. . sect. . how they cease to be such , and become presentative , p. . sect. . and p. . sect. . whether a donative in the kings gift may be with cure of souls p. . sect. . dotards , whether tithable , p. . doves in a dove-house , what tithes they pay , p. ibid. druids , their idol-temples , when first abolished in england , p. . sect. . drunkard , whether actionable to call one so , p. . sect. . p. . sect. . dubritius , archbishop of carlegion in wales , p. . sect. . duplex querela , what , p. . sect. . e. ecclesia , whence that word derived , p. . sect. . ecclesiastical laws of england , the antiquity thereof , p. , &c. sect. . edgar king , his zeal for the church in his oration to the clergy of england , p. . sect. . eggs , how , when , and in what case tithable , p. . election of bishops , how and by whom to be made , p. . sect. . eleutherius pope , what style be gave k. lucius , p. . sect. . p. . s . . elopement , what it signifies , p. . sect. . episcopal authority derived from the crown , p. . sect. . episcopal jurisdiction endeavoured to be taken away , p. , . sect. . episcopocide in a clerk , petty treason , p. . sect. . estovers burnt in a house , whether tithable , p. . sect. . p. . ethelbert , king of kent , by whom canterbury was given to st. austin for his see , p. . sect. . p. . sect. . whether he built st. pauls church in london , p. . sect. . ethelwolph , son and successor to egbert , the first sole king of england ; he was bishop of winchester , p. . sect. . and the first that enriched the church of england with tithes , p. . sect. . euginus , whether he were the first that styled himself pope , the first that consecrated churches , and the first that decreed godfathers and godmothers in baptism , p. . sect. . examination , when and by whom to be performed , p. sect. , . excommunication , what , p. . sect. , . twofold , ibid. what intended by excommunication ipso facto , p. . sect. . what the causes in law of that excommunication , p. . sect. . in what manner excommunication is to be pronounced , p. . sect. . by whom it is to be certified , and how , p. . sect. . whether the ordinary may take bond of an excommunicate , for his submission in order to absolution , p. . s . . whether excommunication in a patron , be sufficient cause for a bishop to refuse the clerk presented by such patron , p. . sect. . f. faculty , or court of faculties , or faculty office , what , p. . sect. . the archbishop of canterbury impower'd by the statute to grant faculties , ibid. and p. . sect. . the force and efficacy thereof to commendams or two benefices , p. , , . sect. . the difference between a faculty to take and a faculty to retain a benefice , p. . sect. . fallow-grounds , whether tithable , p. . fees for probate of testaments , what due by statute , p. , . sect. . f●nny-lands drain'd , whether they pay tithes presently , p. . ferae naturae , creatures of that kind , whether tithable , p. . first-fruits , by and to whom payable , p. . sect. . vid. annates . fith taken in the sea , or in a river , pond or piscary , whether tithable , and how , p. . and p. . sect. . p. . sect. . p. . sect. . flamins , how many anciently in england , p. . sect. . flax , what tithes it pays , and when , p. . forest-lands , whether tithable or not , and by whom , p. , . not scituate in any parish , to whom the tithes shall be paid p. . whether priviledg'd from tithes , whilst in the kings hands , otherwise in the subjects , p. . sect. . whether they are priviledged from tithes , if in the hands of the kings patentee or grantee , p. . . fowl taken , in what case tithable or not , p. . fraud in setting forth tithes , whether treble dammages in that case p. . sect. . p. . sect. . freehold f the church or chancel , in whom it is , p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . frigidity in the man pleaded by the woman , how the civil law proceeds thereon , p. . sect. . fruit-trees , what tithes they pay , and when , p. . fuise , whether tithable , p. ibid. g. garba , or decima garbarum , what it signifies , p. . sect. . gardens , how tithable , p. . p. . sect. . geoffry plantaginet , son to king h. . was bishop of lincolne , p. . sect. . glass-windows painted in the isle of a chappel , if pulled down , whether actionable , p. . sect. . gleab , what , p. . the law concerning the tithes thereof , ibid. & p. . gleab of a parsonage impropriate and leased , whether tithable , ibid. & p. . sect . . whether gleab in lease pays tithe , p. , . s . . whether the freehold of the gleab , during a vacancy , be in the patron or not , p. . s . . gleab manured and sowed by an incumbent that dies before harvest , who shall have the corn , p. . s . . godfathers and godmothers in baptism , the original thereof , p. . s . . grain , pays a predial tithe , p. . grant of tithes , whether good without deed , p. . grass , what tithes that pays , and how , p. , . grass-cocks tithed , p. . s . . grave-stone taken away , whether actionable , and where , p. . s . . gravel , whether tithable , p. . grounds lett to strangers out of the parish , who answers the tithe , ibid. guardian of the spiritualties , his office , and by whom constituted , p. . sect . . p. . s . , . his power in the vacancy of an archbishoprick , p. . s . . what remedy in case he shall refuse to grant faculties or dispensations , where they may or ought to be granted , p. . s . . h. halimots , anciently what , p. . sect. . hay , the law touching tithe - hay , p. , . whether the tithes thereof may belong to the vicar , p. . s . . two crops of hay from the same ground the same year , whether both tithable , p. . hazel , holly , willows , and whitethorn , in what cases they may be tithable or not , p. . s . . head-lands , whether tithable , p. . s . . p. . s . . p. . s . . hearth-peny , the ancient custome thereof , p. . sect . . p. . s . . heath , furse , and broom , in what cases tithable or not , p. . barren heath-ground , in what sense excused of tithes for the first seven years , p. . s . . hedging and fencing-wood , whether tithable , p. , . s . . hemp , what tithes that pays , p. . & p. . s . . heyfers , whether tithes due for the herbage thereof , p. . sect. . henry de blois , brother to king stephen , was bishop of winchester , p. . sect. . henry de beaford , brother to king h. . was also bishop of winchester , p ibid. herbage , what , and how tithable or not , p. , . sect. . & p. . herbage of sheep , whether tithable , p. . heresie , what , and whence the word derived , p. , . sect. . threefold , ibid. where cognizable , p. , . sect. . how punished , p. , . sect. . it is lepra animae , ibid. hereticks , an alphabetical catalogue of such ; their errors and heresies ; the times and places when and where broached ; and the councils wherein they were condemned , p. , , &c. commission-court , the constitution thereof , p. , . sect. . what the power thereof was , p. . sect. . hoel-dha , his law against fighting in the church-yard , p. . sect. . honey , whether and how tithable , p. , . hoods to be worn by proctors in the arches , when and by whom first enjoyned , p. . sect. . hops , what tithes they pay , and how tithed , p. . whether great tithes to the parson , or small tithes to the vicar , p. . sect. . whether they may not belong to the vicar by prescription , p. . sect. . the difference in kent ( as to tithes ) between hops in orchards , and hops in gardens , p. . sect. . hop-poles , whether the wood thereof tithable or not , p. . horses for husbandry , whether their pasture be tithable , p. . sect. . hospitallers , either lay or spiritual , by whom visitable , p. . sect. . they were discharged of tithes , p. . houses being dwelling houses , where tithable , p. , . hubert , archbishop of canterbury , p. . sect. . hundred-court , the antiquity thereof , and extent anciently of its jurisdiction , p. . sect. . p. . sect. . i jade , to call one welch jade , whether actionable , and where p. . sect. . jealousie , how the civil law proceeds therein , p. . sect. . ideocy , in what case triable in the ecclesiastical court , p. . sect. . jewish hereticks , who such anciently , and what their heresies , p. , &c. sect. . impotency in a man , how to be proved , p. . sect. . impropriations , how many within york diocess , p. . sect. . vid. appropriations . ina , the saxon king , whether he the first that gave peter-pence to the pope , p. . sect. . his law against striking in the church , p. . sect. . incumbent , what , p. . sect. . legal requisites to make a compleat incumbent , p. ibid. his rights , p. . sect. . indians , their severe punishment of adultery , p. , . sect. . indicavit , what that writ imports ; the end and use thereof ; in what cases , and for whom it may be awarded , p. . sect. . p. . induction , what , and how executed , p. . sect. . whether it be a temporal act , and cognizable in the temporal court , p. . sect. . infant , if under age admitted and instituted to a benefice , it is void , p. . sect. . whether action lies against a minor under seventeen years of age for slandering , p. . sect. . ingulphus , abbot of crowland , his report touching appropriations , p. . sect. . institution , what ; the form thereof ; requisites thereto ; and what remedy , if denied , p. . sect. . institutions are cognizable in the ecclesiastical court , p. . sect. . the difference between the civil and common law touching institutions , p. . sect. . whether it works a plenarty without induction , p. ibid. sect. . p. . sect. . p. . sect. . ireland , until what time under the archbishop of canterbury , p. . sect. . isle of a church , who may prescribe to it , p. . sect. . or whether it may be peculiar to a family , p. ibid. sect. . p. . sect. ult . jurisdiction ecclesiastical and temporal , the original of that distinction , p. . sect. . juris utrum , for and against whom that writ lies , p. . sect. . jure patronatus , what that writ imports , p. . &c. how the law proceeds therein , p. . s . . in what case the bishop may make use thereof , and his power therein , p. . s . . at whose charge it is to be , p. . s . . what jus patronatus is , p. . s . . jus canonicum , the original thereof , p. . s . . k kanute king , his strict law concerning abbots , p. . sect. . knave , whether actionable to call one so , p. . s . . & p. . s . , . l lambs , how tithable , p. . they yield a small tithe , and may belong to the vicar , p. . sect. . p. . s . . in what case they may be great tithes , and payable to the parson , p. . s . . lands accruing to the crown by the statute of dissolutions , whether they shall pay tithes , p. . lapse , what , p. . s . . the original and gradations thereof , ibid. the difference between the common and canon law as to the time of lapse , p. . sect . . when the six months shall commence , ibid. how the six months before a lapse are to be computed by daies , and how notice shall be given to the patron or not before the lapse incurrs , p. . s . . whether a grant may be made of a lapse , p. . s . . a lapse is more a trust than an interest , ibid. from what time the lapse shall incurr , ibid. s . . in what case the lapse may incurr to the ordinary , notwithstanding a quare impedit brought by the patron , p. . s . . lapse made by one bishop de facto during the life of another de jure , of the same diocess , whether good , p. . s . . leases of tithes , whether triable in the ecclesiastical court , p. . s . . they must be by deed , not parol , p. . s . . leases made by parsons , p. . s . . cases at common law touching the same , p. . s . , . p. . s . . legacies , properly suable for in the ecclesiastical court , p. . sect . . p. . s . . & p. . sect . ibid. legates of the pope , of three sorts , p. . s . . p. . s . . legatus natus , what it imports , and who were such in england , p. . s . . p. . s . . & p. . s . . lessee to parson and vicar , whether he may sue for the tithes in one action , or must divide his actions , p. , . s . . letter expressing the grant of the next avoidance , vain and ineffectual , p. . s . . libel , whereof a true copy denied , is ground for a prohibition , p. . sect. . license to carry away tithes without setting them forth , given by a collector of tithes , whether good , p. . s . . lime , marle , slates , or tiles , whether tithable , p. . lind wood , what he was , and when his provincial constitutions were compiled , p. . s . . litigious , how many ways a church may so become , p. , . s . . lollards , what they were , and why so called , p. . s . . london , anciently an archbishoprick , p. . s . . the metropolis of britannia prima , p. . s . . the archiepiscopal see thereof removed and placed at canterbury by the saxons , p. ibid. lops of trees , whether tithable after twenty years growth , p. . lucius , first christian king of britain , p. . s . . by whom converted to the christian faith , ibid. when baptized , p. . s . . m mahumetans , their severe punishment of adultery , p. . sect. . malum in se and malum prohibitum , the legal difference between them , p. . s . . p. . s . . marriage after divorce , altera parte existente , whether lawful , p. . s . , &c. marsh-lands , or fenn-lands , newly gained from the sea , whether under the notion of barren lands , as to any discharge of tithes , p. . st. martins le grand , london , whether it be an ecclesiastical benefice , p. . s . . mast of oak , or beech , whether tithable , and how , p. . masters of chancery , what they were anciently , and why so called , p. . s . . meadows over-run with thorns and bushes , whether tithable , p. . metropolitan , why so called , the derivation of that word , p. . sect . . midwives question'd in the ecclesiastical court for exercising that calling without a license from the ordinary , whether prohibition lies , p. . s . . milk paying tithes , exempts the cheese from payment thereof , p. , . milch-kine , whether their pasture be tithable , p. . s . . mills , the law concerning the tithes thereof , p. . mill-stones , in what cases tithes shall be paid of them , and how , p. . mines or minerals , whether tithable , p. . & p. . sect. . mixt tithes , what , p. . modus decimandi , what the law therein , p. , &c. cognizable in the ecclesiastical court , p. . sect. . p. . s . . p. . s . . p. . p. . s . . p. . s . . p. . s . , . p. . s . . in what case it may be triable at common law , p. . s . . a modus pleaded to obtain a prohibition , p. . s . . moieties of tithes , if between two parsons , whether the parishioner be obliged to divide them , p. . s . . monastery-lands , the law touching them in reference to tithes , p. , . monuments erected in churches or church-yards , if defaced or pulled down , what action lies , and for whom , and where cognizable , p. . sect. . p. . s . . p. . s . . mortuaries , the law concerning them , p. , . mulier , what at the common law , . s . . p. . s . . what by the civil , p. . s . . how it differs from bastard , p. . sect . . p. , . s . , . n nag , whether tithes due for the pasture of a riding nag , p. . p. . sect. . p. . s . . & p. . ne admittas , what that writ imports , the end and use thereof , p. . s . . ne unques accouple en loyal matrimonie , is to be tried by the certificate of the bishop , p. . s . . next avoidance , what , p. . sect . . nomination , what , p. . sect . . qualifications thereof , ibid. in what case it may be the same with presentation , p. . s . . it may be corrupt and simonical as well as the other , p. ibid. sect . . non obstante , in faculties granted by the pope , of what efficacy in law , p. . s . . non residence , what , p. , sect . , . what shall excuse it , p. . s . , . p. . s . . what shall be held non residence within the statute , or not , p. ibid. sect . , . p. . s . . the ancient canons touching non residence , p. . s . . p. . s . . whether non residence makes void a lease of tithes made by the parson , p. . s . . & p. . s . . notice of avoidance , when and how to be given to the patron , p. . sect. . p. . s . . to be given in case of cession , p. . s . . whether notice of setting forth tithes is to be given to the parson , p. . s . . p. . novatius , his error concerning bishops , p. . s . . nurseries of young trees and plants , whether and in what case tithable or not , p. . o oath of supremacy , the original thereof , p. . sect. . oath of residence , p. . s . . oaks , the law of tithes touching them , p. . oblations , what properly they are , and the law thereof , p. , . what are not such , that are commonly so supposed to be , p. . s . . obligation to resign a benefice , whether good , p. . sect . . obligation not to accompany such a woman , taken in the ecclesiastical court , p. . s . . odo , brother to william the conquerour ; he was bishop of bayeux in normandy . offerings , oblations , and obventions , the law concerning them , p. , . office of register to a bishop , if controverted , where cognizable , p. . sect . . the difference in point of jurisdiction between a right to and the exercise of an office , p. . s . . officiales foranei , what , p. . s . . p. . s . . orchard , the ground thereof sowed with seed , whether tithable , p. . tithes of orchards by custome , p. . s . . orchard formerly arable , to whom tithable , p. . s . . ordinary , what , p. . sect . . why the bishop so called , p. . sect . . what the civil law understands by that word [ ordinarius , ] ibid. whether he may cite a man out of his own diocess , p. , . s . . p. , . s . . whether he may dispose of any of an intestates goods to pious uses , in what case , and under what cautions and limitations , p. . s . . he hath curam curarum , p. . s . . organs in a church , to whom they belong , p. . s . . if taken away , where the action lies , p. . s . . ornaments of the church , at whose charge to be provided , and how the same shall be charged , p. . sect . . p. . s . . p. . s . ● . p pagans , the strange punishments inflicted by them on adulterers , p. . sect. . pallium episcopale , a description thereof , p. . s . . pander , whether to call one so be actionable , p. . s . . pannagium , what that word signifies , p. . pardon , whether it may extend to prevent a deprivation , p. . s . . whether a general pardon shall barr a suit in the ecclesiastical court for slander , p. . s . . in what case it may barr costs of suit , p. . s . . p●rk disparked , how tithable , p. . sect . , . p. , . s . . p. , . how to be tithed , if converted into tillage , p. . s . . & p. . s . . parish , the various acceptation of that word , p. , . sect . . by whom parishes were first divided , p. . s . , . parochial bounds , where cognizable , p. . s . . p. . s . . p , . s . . p. . s . . p. . s . . & p. . s . . being controverted between spiritual persons , are cognizable in the ecclesiastical court , p. . s . . otherwise at the common law , p. ibid. s . . p. . s . . p. . s . . parish-clerk , by whom to be chosen , p. . s . . & p. . s . . parson , who properly such , p. , . s . . he hath a double capacity , p. . s . . parson imparsonee , what , p. . s . . how he ought to be qualified to be a parson , p. . s . . requisites in law for that function , ibid. what his rights are , p. . s . . the difference between parson , pastor , rector , vicar , and curate , p. . s . . parsonage , church , and rectory , are terms synonymous , p. . sect . . patridges and pheasants , though not tithable , yet paiable in lieu of tithes , p. . sect . . what tithes tame patridges shall pay , p. . pasture , the law in reference to the tithes thereof , p. , . patria obedientiae , and patriae consuetudinariae , the difference between them , p. . s . . patriarch , what , p. . s . . a style or title anciently given to the archbishop of canterbury , p. ibid. patron , what he is , and why so called , p. . sect . . p. . s . . who is properly the patron of a vicarage , p. . s . . whether a patron hath any thing to do in the church during a plenarty , p. . s . . his consent requisite to commandams , vnions , and appropriation of churches , p. . s . . paul or st. paul , whether he preach'd here in england , p. . sect. . st. pauls church london , by whom first built , p. . sect. . paulinus , archbishop of york , p. . sect. . pease , in what case not tithable , p. . pelagius , a monk of bangor , his refusal to appear at rome upon the popes summons , p. . sect. . pelagian heresie , when this kingdom first infected therewith , and by whom suppressed , p. . sect. . peculiars , or the court of peculiars , what it was , p. . sect. . how many peculiars in the province of canterbury . ibid. pelts or fells of sheep dying of the rot , whether tithable , p. . pensions suable in the ecclesiastical court , p. . sect. . p. . sect. . p. . sect. . p. . sect. . pentecostals , what , and whence so called , p , . sect. . peters church in cornhil , london , once the cathedral of a diocess p. . sect. . by whom founded , ibid. peterpence , what ; the original thereof , and why payed to rome , p. , . sect. . p. . sect. . p. . sect. . the conquerors law concerning the same , p. . sect. . anciently taken from the pope , and given to the king , p. . sect. . pews in the body of the church , at whose disposal they are , p. . sect. . p. . sect. . p. . sect. ult . vid. seats . pheasants , of what kind are tithable , p. . though properly not tithable , yet as a modus may be paid for tithes , p. . sect. . pictures in church-windowes , if pulled down , whether actionable , p. . sect. . pigeons , in what case tithable or not , p. . spent in the owners house , not tithable , p. . sect. . p. . sect. . otherwise if sold , ibid. felony to steal them out of a dove-house , ibid. vid. doves . pigs , how tithable , p. . pilchards , and other sea fish , whether tithable , and how , p. sect. . pimp , whether and where actionable to call one so , p. . sect. . pits of stone , lime , &c. whether tithable , p. . plants , transplanted , whether tithable , p. . plato 's law concerning adulterers , p. . sect. . plurality , what , p. . sect. . who may grant or receive pluralities , p. . sect . . qualifications in law touching dispensations for pluralities , p. . sect. . whether the taking of a parsonage with a vicarage endowed , amounts to a plurality within the intent of the statute , p. . sect . . the text of canon law against pluralities , p. . sect . . pope , when his usurpation in england first began , p. . sect. . when and by whom here first abrogated , p. . sect. . what his power was in granting dispensations , p. . sect. . postulation , what , p. . sect. . prebends , what , and why so called , p. . sect. . prerogative court of canterbury , the jurisdiction thereof , p. . sect. . prescription , p. . to . the law thereof in reference to tithes , ibid. and p. . sect. . in what court cognizable , p. . sect. . p. . sect. . in what case a parson prescribing for tithes may sue on that prescription in the ecclesiastical court , ibid. prescription meerly spiritual , cognizable in that court , p. . sect. . prescription to a seat in a church , or to priority in that seat , whether cognizable in the temporal court , p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . whether a prescription to ecclesiastical things be cognizable in the ecclesiastical court , p. . sect. . prescription pleaded by a parson against the first endowment to the vicar , whether allowable , p. . sect. . prescription de non decimando not denied to a spiritual person , p. . the difference between the civil and common law in point of prescriptions , p. . sect. . praemonstracenses , how discharged of tithes , p. . presentation to a benefice what , p. . sect. . where the right of presentation is cognizable , p. . sect. . what the law touching presentation is , in case of copareeners , joynt-tenants , and tenants in common , p. ibid. sect. . how the presentation is to be in case of coheirs , p. . sect. . whether a presentation be revocable before institution , p. , , sect. , . what presentation shall serve for a turn , p. sect. . to what things a presentation may be , p. . sect. . in what cases the king shall have the presentation by his prerogative , p. , . sect. , . the difference in law between the king and a common person as to presentations , p. . sect. . primate and metropolitan of all england , when and how that style on title first vested in the archbishop of canterbury , p. . sect. . priority in the seat of a church , whether it may be prescribed , p. . sect. . priviledges of the clergy , p. , &c. sect. . priviledge in respect of tithes , what , p. . procuration , what p. . sect. . when and to whom payable , ibid. whether due without the act of visiting , p. . s . . p. . sect. . p. . s . . p. . sect. . anciently paid in victualibus , when and how changed into money , p. . sect. . how the canonists define it , p. . sect. . onely one procuration to be paid to the ordinary , how that is to be understood , p . sect. . prohibition , in what cases it hath been granted , p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. ibid. sect. , . p. . sect. , , , . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. , . p. . sect. , . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . . . . . . . . . p. . sect. . p. . sect. . p. . sect. , . p. . sect. . p. . sect. . p. . sect. , , . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p . sect. . p . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. , . p. . sect. . p. . sect. , . p. . sect. . p. . s. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. , . p. . sect. . p. . sect. , . p. . sect. . p. . sect. . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . sect. . p. . § . . p. . § . . in what cases the prohibition hath been denyed , p. . sect. . p. , . sect. . p. , . sect. , . p. , . § . , , , . p. . § . . p. . § . , , , . p. . § . . p. , . § . , . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . § . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . sect . . p . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . ult . whether a prohibition may be granted after sentence , and in what cases , p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . whether a prohibition may be after an appeal , p. . sect . . a prohibition whether grantable after a consultation , p. . sect . . or de novo to an appellant who had a prohibition in the first instance , p. . sect . . p. . prohibition granted against costs of suit , given to an informer , p. . sect . . whether a prohibition lies , in case proof by one single witness be disallowed in the ecclesiastical court , p. . sect . . p. . sect . . p. . sect . . p. . sect . . p. . sect . . whether a prohibition may be granted the last day of the term , p. . sect . . or to stay proof in perpetuam rei memoriam , p. . sect. . proxies , what , p. . sect. . p. . sect. . the same with procurations , ibid. whether extingnish'd by the dissolution of religious houses , p. &c. sect. . not known to the primitive church , ib. whether grantable by a bishop to the king , § . ibid. the case of proxies aptly compared to the case of tithes , p. . sect. . a case of remark at common law touching proxies , p. , &c. sect. . q. quare impedit , for and against whom that writ lies , p . sect. . of what things it lies , p. . sect. , . whether it lies for an archdeaconry , p. . sect. . quarta episcopalis , what , p. . sect. . quaries , whether tithable , p . quean , whether action lies for calling one so , p. . sect. . p. . sect. . p. . sect. . queen elizabeth , her declaration touching her supremacy , p. . sect. . declared supream governess on earth of the church of england , p. ibid. sect. . questmen , what , by whom eligible , and wherein their office doth consist , p. . sect. . quorum nomina , process of that kind prohibited , p. . sect. . p. . sect. . r. rabbits , whether tithable , p. . sect. . rakings of the stubble of corn , whether tithable , p. . p. , &c. rapeseed , whether shall the parson or the vicar have the tithes thereof , p. . sect. . rate-tithes , in what cases payable , p. . p. . rectors , how distinguish'd from vicars , p. . sect. . refusal of a clerk by a bishop , because he could not speak the welch language , p. . sect. . once refused for insufficiency , may not after be received , p. . sect. . register to a bishops consistory , the office controverted , where cognizable , p. . sect. . registry-book of a parish for christnings and burials , the original thereof , p. . sect. . p. . sect. . release by one church-warden , whether any bar to the suit of his companion , p. . sect. . p. . sect. . p. . sect. . release of a next avoidance , made after the church becomes void , is void , p. . sect. . religion christian , when and where first planted in this kingdom , p. . sect. . rents , of what kind may be sued for in the ecclesiastical court , p. . sect. . where the tithe of rents in london are suable for , and how , p. . sect. . reparations of churches , where cognizable , p. . sect. . p. . sect. . p. . sect. . in what case it may be cognizable at the common law , p. . . whether within the cognizance of the archdeacons visitation , p. . sect. . who and what shall be charged with such reparations , and how , p. , . sect. . p. . sect. . p. . sect. . p. , . sect. . p. . sect . . p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . how the tax for such reparations shall be apportioned between landlord and tenant , p. . sect. . by whom the chancel shall be repair'd , p. . sect. . inheritances not to be therewith charged in perpetuum , p. . sect. . whether a tax for such reparations may be made by the church-wardens only , p. . sect. . how to be in case of union of churches , p. . sect. . how in respect of the fabrick of the church , in distinction from that of the ornaments thereof , p. . sect. . whether those of a chappel of ease shall contribute to the repairs of the mother-church , p. . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . whether the land next adjoyning ●o a church-yard shall repair the fences thereof , p. . sect. . residence in what cases not required , p. . sect. . resignation , what , p. . sect. . resignation-bonds , whether good in law , p. . sect. . what words sufficient in law to import a resignation , p. . sect. . to whom it may be made , p ibid. how and to whom the resignation of a donative may be made , p. . sect. . whether it may be made conditionally , p. . sect . . whether the church becomes void thereby , before the bishop accepts it , p. . sect. . review , or the court of review , or commission ad revidendum , p. . sect. . the ground thereof , p. . sect. . revocations in law of the kings presentation , p. . sect. . right of advowson , how and for whom that writ lies , p. . sect. . right of tithes , cognizable in the ecclesiastical court , p. . sect. . rogation-weck , whence so called , with the original thereof , p. . sect. . roots of coppice-wood grubbed up , whether tithable , p . s. sacriledge , what ; whence so called , how many ways it may be committed ; and the severe punishments thereof , p. , &c. the sacrilegious were not anciently allowed the sanctuary , p. . sect . . saffron , what tithes it pays , p. . to whom , whether as great tithes to the parson , or as small tithes to the vicar , p. ibid. p. . sect. . p. . sect. . p. . sect. . salary of a chaplain , triable in the ecclesiastical court , p. . sect. . salt , whether tithable , p. . simpson , whether the first archbishop of york ; by whom established , p. . sect. . sanctuary , the law thereof anciently , p. . sect. . heretofore the foundation of abjuration , ibid. not allowed to traitors nor sacrilegious persons , p. . sect. . saxon kings , their care for the government of the church of england , p. . sect. . their zeal for erecting and endowing of churches , p. . sect. . how severely they punish'd adultery , p. . sect. . scotland , when the bishops thereo revolted from the archbishop of york , p. . sect. . seals of office of bishops , &c. how to be engraven and used , p. , . § . . scutcheon or banners taken out of the church by the parson , whether , and for whom action lies in that case , p. . sect. . seats in churches , p. . sect. . p. . sect. . p. . sect. . p. , . sect. . p. . sect. . p. . sect. . how and by whom to be disposed of , p. . sect. , . p. . sect. . p. . sect. . p. . sect. . p. , . sect. . they belong of right to the ordinary to dispose of , p. . sect. . p. . sect. . p. . sect. . p. . sect. ult . p. . sect. . p. . sect. . whether the ordinary hath any thing to do with noble men's seats in churches , p. . sect. . p. . sect. . custome may ( as to the body of the church ) six the power of disposing the seats in the church-wardens , p. . sect. . the grant of such a seat to a man and his heirs , whether good in law , p. . sect. . to whom the chiefest seat in the chancel properly belongs , p. . sect. . the cognizance of seats in churches properly belongs to the ecclesiastical court , p. . sect. . whether he , who having lands in the parish , but living out of the parish , be chargeable with the repairs of the seats of the parish-church . p. . sect. . sees , or bishops sees , whence so called , p. . sect. . sepulchres and monuments in churches or church-yards , how and where the defacing thereof is punishable , p. . sect. . sheep , the law in reference to the tithe thereof , as also of their pasture and their wool , p. , . p. . p. , . sect. , . sidemen , what their office is , p. . sect. . anciently called synods-men , or testes synodales , p. ibid. sect. . in the margent . significavit , what that writ ought to contain , p. . sect. . p. . sect. . p. . sect. . p. . sect. . silva caedua , the law in reference to the tithes thereof , p. , . simon , the monk of walden , supposed to be the first canonist in england , p. . sect. . simony , whence so called ; a description thereof , p. . sect. . how many ways it may be committed , p. , . sect. . p. , . sect. . the penalty thereof , p. . sect. . a barr in law to the parsons demand of tithes , p. . sect. . p. . sect. . p. . sect. . p. p. . the difference in law between simoniacus and simoniace promotus , p. . sect. . p. . sect. . in what case simoniacal contracts are cognizable in the ecclesiastical court , p. . sect. . slander , where cognizable , p. . sect. . son , whether he may succeed the father in an ecclesiastical living , p. . sect. . p. . sect. . spoliation , what , and in what case , and for whom the writ of spoliation lies , and where cognizable , p. . p. . sect. . striking in the church or church-yard , how punish'd , p. . sect. . an indictment for striking in st. pauls church-yard , p. . sect. . stork , the history of that jealous bird , and his revenge on his adulterous mate , p. , . § . ult . stubble of corn , whether tithable , p. . subscription to the articles , what not good , p. . § . . sufficiency or insufficiency in an ecclesiastical officer , where cognizable , p. . . § . , . suffragan bishops , anciently invested by the ring , without the staff , p. . § . . their use and office , p. , . § . . suggestion for a prohibition , in what case it need not be proved within six months , p. . § . . summoner , what ; a description of his office , p. , . § . . what the canon enjoyns concerning such , ibid. what the ancient canon is touching summoners , p. . § . . a case at common law against a summoner , p. ibid. sect. . superstitious pictures in church-windows , whether they may be pulled down without licence of the ordinary , p. . sect. . supremacy , or the kings supremacy , a description thereof , p. . sect. . established by statute laws , p. , . sect. . p. . sect. . the oath of supremacy , the original and occasion thereof , p. , . sect. . the impugners therof censured with excommunication ipso facto , p. . sect. . asserted by king. ed. . p. , . sect. . also by queen eliz. p. . sect. . synods , the several sorts and kinds thereof , p. . sect. . vnder what archbishops of canterbury they have been anciently held here in england , p. , . sect. . synodale , what ; when and to whom payable , p. . sect. . whether it be due without the act of visiting , p. . sect. . p. . sect. . originally paid in victualibus , p. . sect. . when and how changed into money , ibid. the divers significations of the word synodale , p. . sect. . vid. procurations . synodies or synodal , what ; the ordinary's right therein , p. . sect. . p. . sect. . t. tares , cut green , to feed cattel , whether tithable , p. . tartarians , their great chastity ; they held adultery capital , p. . sect. . tax for church-reparations , by whom to be made , p. . sect. . p. . sect. . templars , discharged of tithes , p. . temporalties or barony of a bishop , how obtained , p. . sect. . p. . tenant in common , in what case the same person may be said to be tenant in common with himself , p. . sect. . testis singularis , whether sufficient proof for payment of tithes , p. . sect. . vid. p. . sect. . p. . theanus , archbishop of london in the time of k. lucius , p. . sect. . he was forced by the infidel hengist to fly into cornwal and wales , p. ibid. sect. . theruma , what it was , p. . sect. . timber-trees , what shall be reputed such , as not tithable , p. , . if wasted on a bishoprick , it is dilapidation , p. , . sect. , . tithes , what , by and to whom payable ; when , how , of what things ; the manner of right tithing ; what the setting forth thereof is according to the statute , and where cognizable , p. . &c. the several kinds of tithes , p. . sect. . p. . sect. . whence the word [ tithes ] derived , p. . sect. . by whom the church of england was therewith first endowed , ibid. they are now at common law temporal inheritances , p. . sect. , . whether they may be leased or released without deed , p. . sect. . p. . sect. . composition thereof for life , whether good without deed , p. . sect. . whether so , if but for one year , or more , p. . sect. . p. . s . . the right of tithes in contest between parson and vicar , is properly cognizable in the ecclesiastical court , p. . s . . p. . sect. . p. . sect. . what tithes are properly due to the vicar , p. . sect. . tithes not set forth , actions thereon , p. . sect. . p. . sect. . tithes to two by halves , whether the parishioner must so set them out , p. . sect. . tithes are of ecclesiastical cognizance , p. . sect. . objections against tithes answered , p. , and . sect. . whether tithes are grantable by copy , p. . tobacco , what tithes that pays , p. . sect. . tombes and sepulchres defaced , where punishable , p. . sect. . trades , whether gain gotten thereby be tithable , and how , p. . transaction , how it differs from composition . p. ibid. translation of bishops , needs no new consecration , p. . sect. . p. . sect. . p. . sect. . trebel dammages , where and in what case suable , p. . trees , what , tithable or not , p. , &c. p. . sect. . to whom the trees growing in the church-yard do belong , p. . sect. . if cut down , to whom the action belongs , p. . sect. . p. . sect. . turkeys , whether tithable , p. . turves , whether tithable , ibid. tyle-stones , and brick - tyle , whether tithable , p. ibid. v. value of a benefice , in case of plurality , whether to be computed according to the kings books , or the very annual value thereof , p. . sect. . p. . sect. . p. . sect. . venison , whether tithable , p. . sect. . p. . vestry , whence that word is derived , p. . sect. . vetches , whether tithable , or not , p. . vicar , what ; the original thereof p. . sect. . where and in what case he may sue for an encrease of maintenance , p. . sect. , . vicarage , how created , p. . sect. . how it differs from a parsonage , p. . sect. . in whom the freehold of the glebe there-of is , ibid , whether a vicarage endowed may be appropriated , and to who , p. . sect. . who properly is patron thereof , whether the parson or the parsons patron , p. . sect. . whether a vicarage perpetual may be dissolved , p. . sect. . in what sense a vicarage may be compared to a commendam , p. . sect. . in what case a vicarage may determine , p. . sect. . what amounts to an vnion of the parsonage and vicarage , p. . sect. . vicario deliberando occasione cujusdam recognitionis , what that writ imports , p. . sect. . vi laica removenda , in what case that writ lies , p. . sect. . vine-trees , or vines , what tithes they yield , p. . violent hands laid on one in the church or church-yard , what the penalty thereof , p. , . sect. . p. . sect. . p. , . sect. . visitation , the power of the ordinary therein , p. . sect. . p. , . sect. . whether an archdeacon hath power of visitation of common right , p. . sect. . what number of attendants allowed by law to visitors , p. . sect. . underwoods , whether tithable or not , p. , . union of churches , what , and by whom to be made , p. . sect. . what amounts to an union of a parsonage and vicarage , p. . sect. . unity of possession , the law thereof in reference to tithes ; also the properties thereof , p. , . vodinus archbishop of london , slain by the tyrant vortiger , p. . sect. . vortiger the tyrant , burnt in a castle besieged by aurelius ambrose , p. . sect. . he surrendred kent , suffolk , and norfolk to the infidel hengist , p. ibid. usurpation of the pope , how and when it originally began here in england , and the progress thereof after the conquest , p. , . sect. . p. . sect. . p. , &c. sect. . usurper , who properly is such , p. . sect. . whether he may gain possession of an advowson from the crown , p. . sect. . p. . sect. . vid. p. . sect. . in what case an usurpation puts the very patron out of possession , p. . sect. . three writs at common law against an usurper , and what they are , p. . sect. . w wages of servants , whether tithable , p. . wall of the church-yard , by whom to be repaired , p. . sect. . wales , when first subject to the archbishoprick of canterbury , p. . sect. . waste pastures , in what case tithable or not , p. . wax , or bees-wax , how to be tithed , p. . way obstructed for carrying of tithes , cognizable in the ecclesiastical jurisdiction , p. . sect. . vid. p. . weapons drawn in the church or church-yard , how punished , p. . sect. . indictments thereon discharged , and why , p. . sect. . p. . sect . . weild or woad for diers , to whom the tithe of that dying plant belongs , whether as great tithe to the parson , or as small tithe to the vicar , p. . sect . . p. . s . . p. , . westminster-abbey , by whom founded , p. . sect . . when the revenues thereof were first vested in a dean and chapter of the collegiate church thereof , p. . s . . how it became originally the place of consecration and coronation of the kings of england , p. . sect. . whitson-farthings , what , and when paid , p. . sect. . whore , whether actionable , and where ; to call one so , p. . sect. . willows , whether tithable , p. . witness , one single witness disallowed in the ecclesiastical court for sufficient proof ; whether prohibition lies in that case , p. , . sect. . p. . sect. . p. . sect. . p. . sect. . p. . sect. . witch , or the son of a witch , whether those words are actionable , p. . sect. . wolsey cardinal , impower'd by the popes bull , to retain the archbishoprick of york , and the abbey of st. albans in commendam , p. . sect. . wolstan bishop of worcester , his resolute answer to king william the conquerour , p. . sect. . wood , the law in reference to the tithe thereof , p. , to . computed among the predial and great tithes , by whom payable , whether by the buyer or the seller ; whether due for fuel spent in the parishioners house , p. ibid. in what sense it may be either great or small tithes , p. , . sect. . whether wood tithable at the common law , p. . sect. . wood for hedging and firing , whether tithable , p. , . sect. . in what case the vicar may have the tithe thereof , p. . sect . . wool , the law in reference to the tithes thereof , p. . sect . . p. . sect . . p. . sect . . of sheep pastured in divers parishes , p. , &c. of rotten sheep , whether tithable , p. . sect . . worcester-church , anciently a priory , p. . sect . . words of contention in the church or church-yard , how punished , p. . sect . . writ of right of advowson , for whom it lies , p. , . sect . . the writ de haeretico comburendo , when taken away and abolished , p. ult . sect . ult . y york , the original of that metropolitan see , p. . sect . . it anciently had a metropolitan jurisdiction over all the bishops in scotland , p. . sect . . errata . pag. . lin . . read potestatem , p. . l. . archidiaconum , p. . l. . provenues , p. . l. . vicaria , p. . l. . be with the cure , p. . l. . an. , p. . l. . to his father by the true , p. . l. . too late , p. . l. . mepham's canon , p. . l. . to the parson , p. . l. ult . adulterum , p. . l. . hoel dha , p. . l. . cognatio , p. . l. . adulterous wife , p. . l. . thore , p. . l. . viro , p. . l. . crown , p. . l. . pardon , l. . doctors . advertisement , the orphans legacy , or a testamentary abridgment , in three parts , viz. . of last wills and testaments . . of executors and administrators . . of legacies and devises : where the most material points of law relating to that subject are succinctly treated , as well according to the common and temporal as ecclesiastical and civil laws of this realm . illustrated with a great variety of select cases in the law of both professions , as well delightful in the theory , as useful for the practice of all such as study the one , or are either active or passive in the other . by the author . notes, typically marginal, from the original text notes for div a -e the kings supremacy . vld. heyl. cypr. angl. p. . in his cases of conscience , lib. . ch . . fol. . lib. . cap. . fol. . nu . . archbishops , and bishops : a spelm. in archaeologo . b bed. eccl. hist . lib. cap. . . c d. usserius , in primord . pag. . d ammian . marc. lib. . e philip. berterius , pithanon diatrib . . c. . fin . f onuphr . in imperio romana . g spartian . in severo . vid. burt. com. in anton. pag. , &c. h hist . angl. script . antiq. radulph . abbre . chron. col. , . i beda , l. . c. . k bed. lib. . cap. . it is reported , that fridona a saxon was the first english archbishop , and of the see of canterbury in the seventh century , about the year . fuller . church-hist . cent. . p. . nu . . l anonym . qui de archiepisc . ebor. scripsit . an. . m harris . descrip . britan. l. . c. . n euseb . eccl hist . l. . c. . pag. . see the admir'd selden , ad eutichii origines , pa. . burt. com ▪ on antonin . fo . . o herod . hist . lib. . p c. de reivindicat . q seld. anaect . angl. brit. ib. . cap. . r ossilegium , or the gleaning up of his bones . s dio. cassius hist . rom. l. . guardians of the spiritualties . congé d'eslire , election , &c. radulph . de diceco abbre . chronic. de reg. steph. r. idem de reg. r. . chron. gervas . de temp. r. . hist . counc . trent . lib. . dict. lib. . deans and chapters . archdeacons . procurations . diocesan chancellors . courts ecclesiastical . churches and chappels . pag. . a claris . seld. illust . in polyol . magni poetae angl. cant. . b guil. stephanides descript . lond. c spartian . hist ▪ d rad. de diceto abbr. chron. e hist . ri. prioris hagulstad . de gest . r. steph. f l. . inae r. g chron. g●rvas . de temp. h. . h chron. jo. brampton de li. edm. reg. i idem de legib. k●nuti reg. churchwardens . consolidation . dilapidations . chro. . suarez de virt. & st●tu religionis , lib. . c. . nu . . patrons and patronage . parsons and parsonage . vicars , vicarages , and benefices . advowsons . appropriations . vid. g. thorne in his chronicle de reb. gestis abbatum s. augustin . cant. commendams : lapse . collation and presentation . examination . admission . avoidance . rebuff . prax. benef. de regia ad praelatur . nominat . fac . §. monasteriis . plurality . ●o ●ius de just . & jure . deprivation . residence . abbots and abbies . a cestrens . polychron . l. . c. . b bed. eccl. hist . lib. . c. . c hist . angl. scrip. antiq. col . . d ibid. col . . quam varia sint gemotorum genera , vid. equit. doct. in suo glossario . annates or first-fruits . anon. hist . of the church of great britain , p. . an obit was at s. in st. pauls london ; yet at waltham abbey , but at s. d. received by the church-wardens . altarage . hist . angl. scrip. antiq. col . , . full. ch . hist . lib. . p. . tithes . daeis pro danis . lashlite , h. e. muleta quinque marcaruma wita , j.e. mulcta solidorum . secundum glossar . hist . angle . seriptores decem. * p. adrian . was an english man , and had been a benedictine monk of st. albans . † vid. alex. . in . de dec . c. . statuto . & innoc. . to. . p. . . edit . colon. * vid ingulph . & malmesb. gest . reg. lib. . cap. . mortuaries . vid. less . de ma. acq . dom . lib. . c. . dub. . nu . . banns . adultery . in spain it is lawful for a man to kill his wife or his daughter , taken by him in adultery . dr. taylor . wera , h. e. pretium nativitatis hominis . bastardy . divorce . in matth. . caus . . q. . c. sicut . vid. dr. taylor cases of consc . lib. . c. . nu . . trent . concil . lib. . . father soto . concil . trent . lib. . defamation . prov. . . sacriledge . an. ●● . ex m s. in colleg . c. c. cant. chron. 〈◊〉 . simony . blasphemy . joh. . . joh. . . pet. . . & . . matth. . . levit. . heresie . councils . * if by certain fathers of the church are here meant any of the popes , observe what b. taylor says ; it is no trifling consideration ( says he ) that the body of the canon law was made by the worst and most , ambitious popes : alexander the third , who made gracians decree to become law , was a schismatical pope , an antipope , and unduly elected : the rest were gregory . boniface . clement . . john . persons ambitious , and traytors to their princes . b. taylor 's casee of conscience ▪ lib. . cap. . nu . . fol. . anonym . the hist . of the church of great britain . lib. . c. . spelm. concil . † spelm. an. . pag. . dr. tayl. cas . of conscience , lib. . cap. . fol. . kin. . . dr. taylor in his cases of conscience . lib. . cap. . fol. . nu . . * supposed to be william middleton . † norwich . an example in one , to stand as a president for all . notes for div a -e j● . qaint hoed . repet . in c. novit de judic . nu . . vid. b. spar. collect. edit . . a co. inst . p. . c. . b co. ibid. c davis . proxies . by vertue hereof were the letters patent of the high commission-court . d bract. de leg. & consue●ud . angl. e leg. eccl. ed. c●nf . a. . spelm. conc. f spelm. ib. g h. . . el. . . el. . vid. c● . instit . p. . c. . h ce. ubi sup . de com. ad revid . i ce. ibid. edit . an. . k vid. stat , supradict . l colt and glover against the bishop of covent●y and lichfield . hob. rep. m ibid. concil . calchuth . c. . spelm. can. . of the synod held at london . an. . circa an. . never used to be held but by sovereign permittance . hoveden . n speed , . roll. abridg. verb. preregative , lit. x. vid. the injunctions in bishop sparrows collect. of articles . bishop sparrow's collect. ubi . supr . p. . art. . vid. roll. abr. ver . prerogativ . lit. g. . a el. . . b e. . fitz. q. imp. . vid. e. . . c h. . . d e. . . f. n. b. . f. e h. . . f e. . fitz. quare non admisit , . vid. stat. . e. . de proviscribus . g vid. preamble of the stat. of h. . c. . h e. . . f. n. b. . h. i ● ass . pl. . k dr. heylins hist . eccl. restaurat . p. . hactenus dr. heylin ubi supra , p. , , . dicuntur patres propter honor●s eis exhibendes . an● . brit. in p●in . a co. inst . par . . cap. . in fin . b co. ibid. he is styled in the kings writs directed to him , dei gratia a●chiepisc . po c●n●u●riensi . d dr. heyli● help to hist . verb. canter●ury . e co. inst . par . . cap. ▪ f heylin , ubi supra , verb. york . g ibid. st. el. c. . st. ● h. . c. . cassan . de consuet . burgund . pag. . co. li●t . fo . . b. mich. r●● . rot. . h capg● . hist , landa● ▪ i malmsb. k lel●nd . in assert . artur . ●● . a. mal●●b . ant. brit. b. godw. st. davids in wales . sp. fo . . nu . . an. . an. . an. . l prosp . anasi . cild . pol●d . euch. hunt. l. . m b. godw. bede l. . c. . polych . l. . sp. n bede . l. . c. . hunt , l. . jo. dia. in vit . greg. leg . . o bede , l. . c. . an. . an. . q cambd. p cambd. bale ex leland b. godw. antiq. e●it , f. . r ant. ●rit . s dr. james's case , heb. rep. t case ibid. u mich. . jac. rot . . colt and glov●r vers . bp. of covent . and l●c●field . hob. rep ▪ x hestiens . cap. pastorall● de of●icio ordinari● . vid. case jones vers . jones , hob. rep. y bald. caus● . q. . c. penult . ex synod . rom. z trin. ● car. b. r. inter dodson & lynn . a intrat . tr. car. rot . & rol. abr. verb. presen●ment . lit . c. p. , & lit . z. . b ●rownl . rep. p. . case lynche vers . ●orter . c trin. jac. c. b. ●ones vers . ●oyer . brownl . ibid. d patriarcha was a chief bishop over several kingdoms or provinces ( as an archbishop is of s●veral diocesses ) and had several archbishops under him . bishop , supposed from the saxon word , biceop , and that from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , speculator vel superintendens . a numb . . . b eus●b . l . hist . eccl. c euseb . ib. cap. . d seld. hist , t●bes , c. . p. . fo . . b. &c. . p. . fo . ● . e phil. . . acts . . f westm . . c. . e. . c. . h. . . co. lit. fo . . g vid. br● . tit . ordinarius . h co. inst . p. . c. . vid. h. . c. . k ant. brit. a●gl . fo . . nu . . l co. p. . cawd●y's case st. jac c. . ed. . . by delivery of a ring , with a crosier or pastoral staff. roll abr. ver . presentment , advowson . m e. . . b. n ibid. o vid. similiter e. . rot. finium . m. . for the abbot of st. augustine of canterbury , &c. see it there at large . p matth. par. hist . mag. . da. . dean and charter , fernes , . & praemuni e . q speed . b. r idem . s matth. paris : . t dr. field . v vid. st. h. . . sec. . rastall . vid. co. par . . rep. . ● . w mich. jac. latch . rep. . x f. n. b. ● . y matt. pari● . fo . . de an. . z stat. ed. . . a ibid. b ibid. bishops have precedency of all temporal barons under vicounts . c ed. . . ed. . . d f. n. b. acc . e e. . . pars . law , cap. . f st. ed. . . g case of the dean and chapter of norwich . co. rep. par . . h dyer . i evans and ascough's , case , luch . rep. k trin. . car. b. r. case walker vers . lambe , jones rep. l antiq. b●i● . fo . . heyl. hist . eccles . pag. . m hill. car. b. r. rot. co●t vers . bishop of st. davids , & alios , cro. rep. n linw. de jure presbyt . verb. oblatioris . o colt & glover vers . bp. of coventry & l●chfield . hob. rep. p h. . . h. . . e. . . l●tt . ad colleg. q case b●o●hly vers . baily . hob. rep. r lord stanhop's case vers . bishop of lincoln . & al. * w. cap. . s sr. w. elvis vers . archbishop of york and others . h●b . rep. t stat. h. . c. . u vid. broc . hoc tit . c eliz. c b. in carter & crofts case . leon. . & pasch . jac. c. b. in kn●lly's and dobbin● case . . leon. d pasch . jac. rot. . sr. will. elvis vers . archbishop of york , and others ; in hob. rep. e brown's case , latch . rep. * brownl . p. ● . cases in law. f davis . commend . . b. g d. el. . h h. . . i co. . sutton's hosp . . k davis . proxies . l davis . d. & c. de ferns . temps e. . br. praemunire . m davis . . f. n. b. . a. n d. . . o co. . suttons . act. & . . coke . de spelm. concil . p. . b●ownl . rep. par . . mich. jac. cases in law , &c. selden , lib. . de synedrits . vid. grat. dist . c. cum ad ve●um . dr. heylin , hist . eccl. de temp. ed . p. , . ibid. p , . mich. jac. br. revan o brian and others , and knivans case . cro. par . . mich. car. c. b. owen and ree's case . cro. par . . a vid. st. ▪ h. . c. . & eliz. c. . b co. . par . in●tit acc . c eliz. dyer ● . * case evans and ascough . latch . rep● . d contra h. . . admit . dub. e. . . b. where it is said , per stou● . that in the time of r. . and ever before , the metropolitan was guardian till the time of h &c. roll. abr. ver ▪ prerogative , lit . . e r●l . abr. ibid. mich. jac. b. r. rot. . grange vers . denny . bulstr . rep. f e. . . g e. . rot. pat. memb . h ass . . adjudged . i e. ▪ rot clauso memb. . dorso . k e. . rot. clauso memb. . l br●wnl . rep. p● . m●ch . ●● jac. cases in law , &c. a f. n. b. . term. leg. b ibid. b. & b , c , &c. c ed. . fitz. tit . brief . . d trin. jac. c. b. in colt , and the bishop of coventry and lichfield . hob. rep. & evans and ascough● case , l●tch . rep. e vid. stat. ● h. . cap. . f eliz. dyer . g e. . . h e. . . & e. . . ot●o●on . de confirm . epist . cap ▪ unic . i weast . symb. par . . lib. . sect. . f. n. b ▪ fo . . b. . 〈◊〉 . . d. 〈◊〉 litt. lib. . c. ●● . k cap. ne pro defect● de elect. c. . 〈◊〉 concess . pr●●bend . & in sect. . de regia n●m●na . pet. rebuss . respons . . l gloss . & d d. in dict . cap. . de concess . praebend● m rebu●● . ubi supr ▪ a ● . . si quando , c. de bon. vac . & . q. . c. pudenda , & jul. patric . in version . nov. . b dict . nov. . c exod. . . d king. . , . & king. . . & sam. . . psal . . . e exod. . . f lev. . . exod. . . psal . . . celichyth . g spelm. consil . synod . celichyth . can. . h auth. de monach. §. illud igitur . coll. . vid. novell . , . i pontificale , pag. . per clement . . an. . k jus graec. lat. to. . synod . . , , &c. l h. . . by markham . m plat. berg. chrisp . isaacs . sat. ephem . n case evans & ascough . latch . rep. o sum. rosell . postulation , & ut . si quis panorm . . p. p in dict . case evans & ascough . a l. . ayd del roy . per therp . b ibid. per fif . c d. to el. , d ibid. e h . b. f e. . . b. per ●arning g ea. . coke . rep. . b. h e. . . ass . pl. . e. . . f. n. b. . coke . dean and chapter of norwich , case & eliz. i lind w. pro const . tit . de constit . verb. per decanos rurales . k decretal . ext. de offic. archi. dean rurals ; what . decani rurales sunt decans temporales , ad aliquid ministerium sub episcepo vel archicpiscopo exercendum constituti . lindw . de const . c. . gloss . in verb. decan . rural . * lindw . ib. they were anciently called , testes synedales . l idem de jadic . ver . decan . rural . m c. de decanis , l. . per totum . n extra de censib . c. cum apostolus . o extr. de app. c. dilectis filiis . p co. par . . case dean & chap. of norwich . q cab. & glovers cise vers . the bishop of coventry and l●●field . hob. rep. r vid. 〈◊〉 e. 〈…〉 . 〈◊〉 . s day 's case vers . savage . hob. rep. t arundel's case . hob. rep. u case evans and ascough . latch . rep. x dict. case . evans & ascough y case evans vers . ase . in primo loca latch . rep. z lindw . ubi supra . a gloss . ib. b co. . par . case of the d. and chapter of norwich . c hugh's pars . law. cap. . d co. . . a. b. dyer . . p. . sr. degg's law , cap. . pars . counsellor . par . . c. . e temp. r , ● . fitz. tit . grnats . hugh's pars . more 's rep. & ma. eaton-colledg . case . more ibid. pasch . eliz. more ibid. the lord north's case . mores rep. philip , a fifth son of lewis the gress , k. of france , disdained not to be an archdeacon in 〈◊〉 paul. aem●l . tilius . a sum. ibid. b can. legi●● . . dist . there are . archdeacons in england . clergy , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , portio , they being in a peculiar sense , a● the lords portion . c ed. . . coo. par . cawdry's case . d h. . . per chauntr●● the archdeaconry ●● richmond i● by , prescription . e 〈◊〉 ● . jac. b. r castrell and jones case . f h. . c. . co. inst . par . . cap. . g tim. eliz. c. b. smallwood vers . bishop of lichfield . leon. rep. h sir hutton's case c. b. hob. rep. i pasch . eliz. c. b. adjudg . godb. . vid. f n. b. . h. . . by knightly . k pasch . eliz. b. r. vnderhill and savage's case . leon. rep. l st. h. . . m can. , . q q. vallens . paratis , de censib . §. . a giss . fo . . b. vid. nome . lex , ver . procurat . b stephens de procurat . edit . . extr. de censib . c. cum apostolus . vid. hist . disc . of procurationt ▪ p. , . p. ubi supr , &c. c ex record . primit . h. . vid. dyer fo . . b. & claus . ro● . e. . m. . dors . vid. nomo . lexicon , ubi supr . hist . tripart . l. . so . . ibid. fo . . pag. . rastall in pensions , &c. dict. hist . dis . of procurations , p. . antiq. eccles . b●i● . p. , & . dict. hist . discourse of procurat . p. . ibid. dr. c●sen . polit. eccles . angl. tab . . trin. jac. in the exchequer ●f ireland , enter le roy & sr. ambr. forth , dr. of law. davis rep. stat. h. . cap. . a ed●● . . can. ● , . , ● . . edit . . b hill. car. c. b. sutton's case . cro. rep. vid. dict . case in latch . rep. vid. litt. sect. . . . h. . c. . c vid. litt. ibid. vid. co. inst . p. . fol. . d c●wel . interp . verb. consistory . e co. instit . par . . cap. . fo . . & cap. . fo . . f pro decano & capitulo ecclesiae ●eat . mariae de lincoln . g this remigius was the first bishop of lincoln ; th● see being removed from dorchester to lincoln . h in turno , ita co. ubi sup . i this is not intended of the hund●ed court , but that in these times the sheriff did h●ld his tourn● per h●●dreda . ita co. ubi s●pr . vid. mag. chart. cap . & exposi● . co. thereon . k co. instit . par . cap. . fo . . l vid. seld. hist . of tithes , p. , . m westm . . an. ed. . cap. . & ed. . c. ● . & h. . cap. . n co. i●st . par . . c. . vid. r. . rot. parl. nu . . o co. inst . par . . cap. . r●yner and parkers case ▪ more 's rep. poel and godfrey's case . more 's rep. p hill. . car. rot . . b. r. carlion vers . mill. cro. rep. q can. . r burye's case . noy rep. s vid. noy rep. post case coke vers . wall. t the prebend of hateberlies case . noy rep. whether the office of a commissary may be granted to a lay-person . u trin. car. rot . ● . wal●er vers . sir j. lambe . cro. rep. pasch car. b r. dr. suton's case , in n●y's rep. hill. . jac. b. r. robotham vers . trevor . brownl . rep. pa. . pasch . car. b. r. chancellor of gloucester's case . resolved per curia● , and prohibition denied . hill. . jac. dr. trevor's case . coke lib. . co. ibid. roll's abridg. verb. prerogative , lit . l. in the case of praemunire . davis rep. hist . for●alensis m. s. in archiv . rob. cotton eq. aur. convocation a convocando by the king 's writ . h. . cap. ● coke , par . . inst . cap. . ibid. eliz. cap. . co. ubi supr . in the case of a praemunire . davis rep. fo . . so called in stat. h. . c. . a stat. h. . c. . b co. inst . par . . §. court of arches . h . cap. . mich. jac. c. b. porter and rochesters case . co. lib. . & ult . case porter and rochester . co. 〈◊〉 supr . c cowel . interpr . verb. arches . d temp. ed. . an. . e an. eliz. . f edit . lambeth . maii ap. . & consecra . . g vid. dict . stat. m. s. h antiq. brit. h. . an. . i h. . . k hill e. . coram rege . rot. . pasch . e. . in banco . essex . guliel . de mo●●us ma●i clericus , &c. vid. dyer . eliz. . ant. brit. fo . . l m. s. stat. cur de arcub . §. de numero advocat . & in final . conclus . statut. m dict. stat. §. item procuratores . vid. provinc . const . lindw . de offic. jud. ord. cap. s●atuimus ▪ gloss . verb. ad pauperes . co. inst . par . . cap. . pigot and gascoin's case . brownl . rep. par . . cases in law , &c. stat. h. . cap. . trin. jac. brown l. p. . mich. jac. in cam. stellat . sr. bennet's case . co. inst . par . . cap. . n co. inst . . par . cap. . vid. hist . de antiq. eccles . britan. vid. vaugh. rep. fo . . o co. par . . inst . cap. . p trin. eliz. c. b. rot. . lib. . fo . . lib. pl. co. p. , . pascl . j●c . c. b. en ireland , le case de commenda in davis rep. ed. . r. . ed. c. . ed. . c. . ed. . davis rep. i● the case of praemunire . fo . . ibid. fo . . q hill. ● c. b. r. rot. . evans and riffin vers . a●kwith . jones rep. r cokes rep. par . . & jones ibid. s dr. standish's case . relw. rep. t vid. cawdry's case . co. rep. par . . . and grendon's case . plow . com. u pasch . car. c. b. warner against hetley's rep. x gammon 's case . hetley's rep. y 〈◊〉 case . hetley's rep. z giles against 〈◊〉 . hetley 's rep. a ibid. hetley's rep. vid the stat. e. . b chadron against harris . noy 's rep. c sparrow against norfolk . noy 's rep. d hollmasts case . noy's rep. e noy's rep. post dr. cademan's case vers . grendan . f palmer vers . noy's rep. g post s●adding's case in noy's rep. h h. jac. b. per coke . i rol. abridg . verb. prerogative , lit . g. k h. jac. co. inst . par . . cap. . dyer . co. ubi supr . co. ibid. l dyer eliz. . co. inst . par . . cap. . m co. inst . par . . c. . lib. 〈◊〉 r●st . fo . . appeal 〈◊〉 . ib. rome . n mere's rep. o mich. jac. b. r. inter g●slin & harden . agreed per curiam . hob. rep. case . p r●l . abr. ver . prohibition , pag. . q m. . jac. b. r. wrots and clifton . per 〈◊〉 . rol. ibid. r pasch . ● jac. b. per cur. rol. ibid. s e. . rol ibid. nu . . t e. . . per cho●● . u ibid. x p. jac. per cur . prohibition denied . tun. ja. b. r. inter r●ynolds and h●yes . adjudg . and consultation granted . y tr. ja. b. r. inter grishn and bulsust . per cur. rol. ibid. nu . l. z mich. car. b. r. inter dr. peclington and st. saint john. a mich. ●re b. r. inter percher & wheble per cur. prohibition denyed . hob. rep. anonymus . b dict. cas . percher & wheeble . prohibition denied but against the opinion of warburton . c mich. jac. b. r. pen's case . d tr. jac. b. r. between the church-wardens of steevenage and green. resolved . e hill. car. b. r. inter st. tho. lucy and dr. lucy per cur. roll. ubi supr . p. . nu . . mich. car. c. b. smith and executors of poyndrell's case . cro. par . . hill. eliz. b. r. kelley & walker's case . cro. par . . vid. more , case . pasch . eliz. more 's rep. girrye's case . more 's rep. reynold's case . more 's rep. more . case . pasch . . jac. b. r. parker against remp. bulstr . par . . mich. . car. b. r. bulstr . par . . f hill. car. b. r. inter yelle and sir ed. powell . vid. roll. ab● . p●ohibition , pag. . nu . . g hill. ca● . b. r. between ives and weight . per cu●iam . h mich. j● . b. r. fish and cham●erlain resol . contra m. jac. jener's case . roll. abr. p. . i case fish and c●amberlai● . k roll ubi supr . l mich. . jac. b inter athil & ath●l . resolv . m mich. . jac. b. r. bancroft's case . n hill jac. b. r. nevil and boyer vers . winchcombe . o pasch . jac. b. r. inter puds●y and richardson . per cur. p mich. jac. b. q hill. car. b. r. friz●well's case . r mich. jac. b. r. clak's case resolved . s mich. jac b. r. inter swine●●on and man , adjudged . t strans●am and cullington's case . cro. par . . u dullingham and ryfe●●y's case . cro. ib. x hill. jac. b r. wadsworth and andrew's case , adjudg'd . y co. . d● . grant , . z temp. e. . roll. abr. p. . nu . . a co. ubi supr . b mich. jac. b. reynold , and n●wbery . roll. abr pag. . c mich. jac. b. r. churley and wood. prohibition denied . d hill. jac. b. may james case . per curiam . prohibition denied . e hill. jac. b. prowe's case . per cur. f hill. jac. b. said by coke to be skinn● and mingey's case . g dubitatur pasch . eliz . b. r. inter leigh and wood. b tr. car. b. r. between benskin and cipes . resolved . i mich. jac. b. r. fisher and chamberlain . k tr. jac. b. the churchwarden's case of st. sam●sons in cornwal . l pas●● . jac. b. r. between sing●eten and wade . m hill. jac. b. ad. judged . n ibid. o cro. par . ● . p trin. eliz. b r. collier's case . cro. par . . mich. jac. b. r. bulstr . par . . mich. jac. b. r. harding and others against goseling . bulstr . par . . pasch . jac. c. b. en ireland , en le case de commendae , le roy vers . cyprian horsefall & rob. wale . davis rep. the case of praemunire in davis rep. fo . . a auth. coll. . & . and coll. : b jac. c. . in eaton's case against a●liffe , it was said by hutton , that seats in the generally are in the power of the ordinary to dispose . het●ey's rep. c case boothby vers . baily . hob. rep. parochiarum prima distributio fit per theodorum cantuariensem . an. . spelm. tom. . in concil . herefordens . d mich. jac. rot. . case dodderidge vers . anthony . winch. rep. e the parish of ashton's case ver . castle-birmidge chappel . hob. rep. f case har●●s vers . wiseman . winch. rep. g pasch . . jac. b. r. bra●in and fradum's case . poph. rep. h case day vers . beddingten and others . noy's rep. co. lib. . fo . . b. green's case . in t . leg. inae . cap. . qui in templo pugnaverit , solidis noxiam facito . dyer . eliz. . case ult . i stat. ed. . c. . k trir. car. b. r. cholmley's case . cro. rep. . l carleton vers . hutton . noy rep. & latch . rep. m case w. gilson vers . wright & alios . noy rep. n trin. j●c . b. r. sir w. hall vers . ●llis . noy rep. o co. inst . par . . cap. . brit. fo . . dyer , mer. . ed. . tit . cor. . ass . p. . ass . . p e. . . p. arrests . vid. st. r. ▪ c. dalt . just . cap. . by the ecclesiastical laws of ina , k. of the w. saxons , cap. . si quis rei capitalis reus ad templum confugerit , vita potitor . q e. . cor . ●● . si quis sit mortis reus , & ad ecclesiam confugiat , vitam habeat , in alio exemplari ll. eccles . inae , cap. . r cust . de norm . cap. . & . inter leges inae , cap. . & in t . leg , 〈◊〉 fo . . ca. . & co. inst . p. . cap. . s ● jac. in the continuance of statutes . &c. co ubi supr . t co. ibid. ubi vid. plene de abjur . & sanct. u lib. int. . b. sanct. . hill. e. . rot. . back . atwell's case . co. inst . p. . cap. . w e. . . the lady wiches case . & mich. jac. c. b. corven vers . pym. co. inst . par . . cap. . actio datur , si quis arma in aliquo loco posita delev●t seu abrasit , &c. cassanae concil . . x mich. jac. c. b. dict . cas . inter corven & pym. y h. . . a. per hussy accord . pasch . jac. cam. stell . in t . hussy and layton . resol . per le court. co. inst . par . . cap. . z h. . . a. acc . h. . . per hussy . co. ubi supr . a h. . , . b hill. jac. b. r. buck against amco●ts . noy rep. c pasch . eliz. the church-wardens of ●enford's case . noy rep. d gore vers . stark . noy rep. e case heal's ver . church-wardens of hobleton . noy rep. f chamber 's case . noy rep. mich. jac. b. r. holland vers . kirton . rol. rep. cro. par . . g tyrwhite vers . kynastan . vid. noy rep. post dict . cas . if the king grant a free chappel to one , he ought to be put into possession by the sheriff , h. . . b. and rol. abridg. ver . presentment , lit . b. pag. . h h. . c. . ed. . c. . i regist. of writs , fo . , . k ibidem & t. e. . rot. . b. r. l dav● . proxies . e. . . f. n. b. . m ed. . c. . n ed. . c. . o rebuff . de pacif . possess . nu . . pet. greg. synt. lib. . c. . jo. andraeas de benef. c. . nu . . p case aston parish vers , birmidge chappel . hob. rep. q auth. coll. . vid. ridl . view , cap. . sect. . par . . r hutton's case . latch . rep. s gase bowry vers . wallington . latch . rep. t anonymus . dict . rep. latch . u mic● . car. poph. rep. reparations . x the case of roberts and others in hetley's rep. seats in a church . y eaton against ay●●ff● . hetley 's rep. reparation of the church . z hill. car. c. b. andrews vers . hetley's rep. a noy's rep. post cas . ●ore vers . stark . b post case tyrwhite vers . nay's rep. striking in the church-yard . c hart versus arrowsmith . post dict . cas . noy 's rep. trees in the church-yard . d rol. abr. verb. parson , nu . . seats in the church . brownl . rep. pa. . cases in law , &c. reparations of the church . reparations of church-seats . e pas●h . jac. b. r. wagginer and wood. brownl . rep. pa. . mich. jac. b. r. brownl . ubi supra . s●ats in the church . f mich. jac. b. r. per cur. & mich. jac. b. ●ym's case , per cur. hob. rep. . & more rep. g tr. jac , b cross's case resolved per cu● . & m. jac. b. l●ugh and hussey . resol . & m. jac. b. boothby and day . hob. rep. . rol. abr. pag. . h m. j●c . b. r. per cur. & dict . case boothby . hob. . i tr. jac. b. agreed . rol abr. so . . k pasch . jac. b. r. inter bra●in and tredennick for a seat in the church of st. breock in cornwal . vid. rol. abr. verb. prohibition pag . l co. . jeffrey 's case . resolved . reparations of the church . m co. ibid. & tr. jac. b. andrews case , per cur. contra m. , . el. b. r. per cur. n co. ibid. jeffrey's case . resol . m. jac. b. o pasch . jac. b. r. sr. h. bu●ler vers . &c. resol . co. . jeffreys . p m. jac. b. sr. lee's case . per cur. q m. jac. b. the case of the church-wardens of ashton , and the inhabitants of castel bromage . hob. rep. . r hob. rep. . ornaments of the church . s mich. jac. b. r. t ibid. resol . per cur. u mich. car. b. r. per cur. x mich. car. b. r. per cur. y mich. jac. b. r. fisher and chamberlayn , resol . & hil. eliz. b. r. piper and barnaby , adjudg'd . & hill. jac. b. r. foster and hide , adjudg'd . z mich jac. b. r. bellamy's case , resolv'd . hill. jac. b. r. rot. . peeter vers . rose edmonds wid. roll. rep. hill. jac. b. r. church-wardens case . roll ' . rep. cro. par . . mich. jac. b. r. dawney and dee's case . cro. par . . seats in a chappel . pasch . eliz . b. r. dethick's case . cro. par . . striking in the church-yard . penhall●'s case . cro. ibid. child's case . cro. ibid. corven's case . co. lib. . right to seat● in the church . a chappel of ease taxed by the mother-church for reparations thereof . hill. jac. b. r. bulstr . par . . a presentment ex officio , for not frequenting his parish-church . trin. jac. b. r. bulstr . par . . pasch . jac. b. r. bulstr . par . . seats in a church . mich. jac. b. r. may against gilbert . bulstr . par . . oeconomi , vel ecclesiae guardiani . churchwardens , if elected by vestry , where good , and capable to pu●chase lands . vid. st. savi●urs in s●uthwark 's case . lane rep. a can. . b can. . c can. . d can. . e can. . f mich. car. b. r. case k●rcheval vers . jon●'s rep. g h. . tri● . jac. b. r. bucksal●'s case . roll. rep. h jac. b. r. in motam's case . roll ibid. i per dod. mich. jac. b. r. bellamie's case . roll rep. k ibid. l dict. bucksal●'s case . it is felony and sacriledge to steal away the parish-bible cut of the church , and suable at common law. m co. ed. . & trin. jac. bucksale's case . roll. rep. n hill. eliz. c. b. the church-wardens of fetherstone 's case . leon. rep. o but●'s case . noy rep. * vestry , from vestments , the place where the holy vestments are kept . this is used once in the bible , and but on●● , ki● . . . where the ba●li●es kept thei● vestments . p mich. jac. c. b. noy rep. these sidemen were called testes synodales , anciently styled synods men , thence corruptly called now side-men . a okely vers . salter . noy 's rep. b wharton's case . noy's rep. c roll. abr. verb. prerog . lit . l. d vid. bishop sparrow's collection , &c. pa. . hill. jac. . b. r. barton's case . brownl . rep. p●r . . mich. jac. b. r. between walpoole and coldwell for the clerk of s. tho. apost . lond. intratur hill. jac. rot. . p. jac. b. r. rot. . p. car. b. s●i●h and pannel's case . hob. rep. case . p. jac. b. r. the parishioners of rolvendon in kent . adjudg'd . tr. car. b. r. between shirley and brown. rot. , . p. car. b. r. rot. . draper and stone . mich. car. b. r. the churchwardens of claydon and duncombe . roll. abr. pag. . mich. car. b. r. inter homes & go●d in per cur. pasch . el. b. inter longley & meredine . el. methold and win●'s case , cited by coventry . trin jac. b. r. per cur. adjudg'd . mich , eliz. b. r. mithold and winn's case , ut sup● . adjudg'd . hill. jac. b. r. bishop's case . roll's rep. hadman and ringwood's case . cro. par . . warner's case . cro par . . ●inch . lib. . cap. . p. . roll's cases . par . . fo . . a broo. tit . vnion . h. . c. . h. . c. . ed. . c. . car. . c. . st. car. . c. . a pars . couns par . . cap. . b co. . . . c rot. pa. h. . in . . d h. . . a. h. . . b. co. . . b. e. . . a. e. . . a. e st. el. c. . f st. el. c. . g f. n. b. . f. h vid. pars . couns par . . cap. . i st. el. c. . co. inst . pa. . cap. . e. . . h. . f. . e. . . k bishop sparrow's collect of articles , &c. pa. . hill. eliz. b. r. mott & hal●'s case . cro. par . . what timber a bishop may fell , and for what purposes . mich. jac. b. r. chapman vers . jane barnaby . bulstr . rep. mich. jac. b. r. the king against zakar . bulstr . par . . mich. jac. b. r. knowll and all. vers . harvey . bulstr . par . . * h. . . b. if they refuse , being duly summoned to appear , the commissioners of the bishop may proceed against the clergy-men by s●questration , and the lay-men by ecclesiastical censures . † it is an inquest of office in nature of a writ de proprietate probanda , and doth not bind the parties right and title . a pasch . jac. c. b. rot. . case sir w. elvis vers . archbishop of york , and others . hob. rep. b st. westm . . cap. . terms of law , verb. quare impedit . c ed. . . d fle●a , l. . cap. . f. n. b. fo . . e britton , cap. . h. . . a. f callis re●d . . h. . ● . sed quaere . h. . per newton and paston . g h. . . callis's reading . hob. . h h. . . ● . i hob. . k mich. & eliz. sir arundell's case . post cas . kent vers . wichall , in owen's rep. l beverley against the archbishop of owen's rep. m littl. . n h. . . b. o ibid. p h. . . b. a vid. flet● . lib. . cap. . b n. b. of entries , verb. aid in annui●y . c register judicial . fo . . b. d dyer , fo . . nu . . e idem , fo . . nu . . f vid. co ▪ on litt. fo . . b. g vid. h. . . by marcham . h r. . fitzh . tit . jurisdiction , . i h. . . & h. . prohib . . k h. . . acc . l mich. jac. b. r. in bellami●'s case . roll. rep. by the stat. of ● el. . parsons are prohibited from felling down trees in the church-yard , save to repair the chauncel or body of the church . m ibid. n h. . . o st. el. ● . . p style 's register . q lindw . cap. imprimis & infra . r co. . a. s lindw . ● . cum à jure inhibitum , &c. t leon. . u st. car. . cap. . * note , that in prohibition it was resolved , that the six months for proof of the surmize , shall not be counted by days to the month , but according to the kalender . in case copley against collins . hob. rep. w trin. jac. c. b. ed. topsall and others vers . f●rrers . hob. rep. x pascl . eliz. crocker and york vers . dormer . in poph. rep. y babbington vers . wood. hutt . rep. z johnson's case . hetley's rep. a smith against dr. hetley's rep. b tomlinson's case . hetl. rep. c bold against noy's rep. d h. . b. e e. . . f d. el. b. the cognizances of resignation properly belongs to the ecclesiastical court. mich. jac. b. manknol● 's case , per cur , roll. abr. fo . . g ibid. h ibid. & roll. abr. ver . presentment , lit . e. pag. . hill. jac. b. r. fairchild and gayer's case . cro. par . . i m. jac. b. r. walpole & gale , per cur. & roll. abridg. ver . prerogative , lit . y. k roll. ib. lit . l. pasch . jac. c. b. gaudy vers . dr. newman . brownl . rep. par . trin. jac. b. r. jermin's case . cro. par . . l e. . . br. dean , &c. . h. . . b. m h. . ibid. finch , nomoternia , p. . bushie's case . brownl . par . . watkinson and man's case . cro. par . . the parson , patron and ordinary may create a vicarage . r. . annuity . omnis vicaria est ecclesia , per coke , in the kings case against zakar . bulstr . par . . a plow . . b mich. jac. b. r. britton and wade's case . cro. . par . , , . c jac. in the excheq . parry and bank's case . hugh . abr. verb. appropriations . d h. . . by yelverton . e ass . ● . ass . . acc . f e . fitzh . tit . brief , . g parson's law , cap. . h ibid. i cro. j●r . . cro. . . broo. disme● . k trin. 〈◊〉 b. r. nicholas — and ward 's case . poph. rep. l trin. car. c. b. the vicar of hathfax c●se . hetley's rep. pension . m goodwin vers . dean and chapter of well . noy's rep. n roll's abridg. verb. vicarage . o trin. eliz. b. r. elen●o & ma●ston . rollib . verb. vi●● endowment . ●● . p trin jac. b. r. roll. ib. nu . . q pasch . eliz. b. r. inter bedingfield and freak . r p. el. b. r. higham and best . adjudged . s roll. abr. verb. vicarage . t mich. jac. b. r. stafford's case . u hill. car. b. r. inter hitchcock and thornborough . w h. ● . roll. abr. x e. . . b. ass . . y h. . . z e. ● . quare impedit , . per pass ▪ . a r. . st. . cap. . b duaren . de benef. lib. . cap. . c coke's inst . par . cap. . d e. . . e. . . e. . . regist . h. . c. . vers . finem . † such in any collegiate or cathedral church or any parsonage with a vicar endowed , or any benefice perpetually impropriate , are no● benefices with cure of souls within the stat. of h. . against pluralities . e coubi supra . f ●an . si quis 〈…〉 q. . g co. . par . inst . . & h. . . h f. n. b. . e. i coke , l. . fol. . b. k f. n. b. fo . . c. & . b. l cowell , interpr . verb. donative . mich. jac. b. r. britton and wade's case . cro. par . . en le case de commenda . davis rep. fo . . a term. law , verb , advowson . westm . . ed. . ● . b ske●o . d● verb. sig. ed. . stat. . c. vnic. c ●leta , l. . c. . § . d fitzh . n. b. fo . . e novell . f co. . par . instit . dod. treatise of advows . g as in case of disturbance to a prebendary . . r. . qu. impedit . r. . bre. . or of disturbance in a presentation to a vicarage , ed. . quare imp. to a provostry , e. . . to a chappel , e. . . h per parning , ed. . f. qu. imp. . i vid. ass . . ass . . h. . . pasch . ed. . quare imp. . co. . par . instit . acc . & ass . . the prior of plymton 's case . co. . par . inst . acc . k ed. . . h. . . co. . par . whistler's case . l co. ibid. vid. acc . trin. jac. c. b. walter and bould's case . bolstr . . par . , , . m vid. h. . . ed. . . n the abbot of webback's case . o the prior of castle-acre's case vers . the prior of butley . hugh . abridg verb. advowson . sect. . §. . p h. . per omnes justiciarios , & vid. f. n. b. tit . droit de advowson . q ed. . . r eliz. c. b. crocher and dermer's case . poph. . vid. co. . par . . & . par . . & . par . . acc . s vid. h. . . co. . par . . the chancellor of oxford 's case . t parsons law , , . vid. the authorities there vouched . u co. inst . . par . x eliz. dyer . in evileigh's case . y h. . dyer . vouched per ●ughs in his abridg. verb. adv●●son , §. . ubi , to what things advowsons may be appendant , and to what , not and how in several select cases . vid. hughes , ubi supr . z co. . par . . weild's case . a by the opinion of finehden , in ed. . hughes , ibid. b co. . par . . liford's case . c mich. jac. c. b. rot . . the chancellor of cambridge and walgrove's case . hobb . . d mich. jac. c. b. rot . . jo. london , and the collegiate church of st. southwell's case . hob. rep. e trin. . jac. b. r. walter and bold's case . bolstr . . par . fol. . f h. . . vouched in colt and the bishop of coventry and lichfields case mich. jac. c. b. rot. . hob. rep. g mich. jac. c. b. dict . londons case . h trin. jac. b. r. bolstr . . par . . more 's rep. i co. . par . instit . . k mich. eliz. c. b. l hill. jac. c. b. rot . . gawdy and the archbishop of canterbury and rone's case . hob. . hugh abridg. ver . advows . sect. . §. ult . m co. . . h. . . n britton , cap. . o dict. cas . london vers . the collegiate church of st. mary southwell . p ed. . . cited in dict . cas . q h. . cited in dict . cas . r mich. . jac. c. b. rot. . chancellor , &c. of cambridge vers . walgrave . hob. rep. s cas . ibid. t ibid. u dom. rex vers . bishop of rechester , and jackson his clerk. hob. rep. x mich. & eliz. c. b. rot. . case ashegell vers . dennis . leon. rep. y term. law verb. quare impedit . z trim. eliz. c. b. smalwood vers . bishop of lichfield . leon. rep. a vid. e. . . b. e. . . b pasch . eliz. c. b. yardly vers . pesean . owens rep : c mich. . & eliz. sr. tho. gorge . vers . bishop of lincoln , and dalton incumbent . owen rep. d st. e. . cap. . vid. rast . pla . fo . , , . & stat. & ed. . . e st. jac. c. . f st. e. . cap. . g st. ed. . . & co. lib. . fo . . & dyer , fo . . h st. . ed. . c. . i dyer . ed. . . a. co. supr . lit. . h. . . k e. . . parsons law , cap. . l mich. e. . fitz. q. imp. . by parninge and hill. m parsons law , c. . n ibid. e. . grants , . r. . jurisdiction , . e. . mans defaults , . o littl. tenures , l. . c. . vers . fin . p co. . terringham's case . q h. . . b. by reeble . pars . law , cap . ubi , h. . . by rede . r mich. , eliz. bendioes , dd . ●'opinion del curl . hob. rep. vid. e. f. q● . impedit , . s hill. jac. rot . . case gawdy vers . archb. of cant. & dies . hob. rep. t case of the abbess of sion , h. . . cit. in colt and glovers vers . bishop of coventry and lichf . mich. jac. rot . hob. rep. u pasch . jac rot . . lord stanhope vers . the bishop of lincoln , and others . hob. rep. x mich. car. b. r. inter fletcher and mackaller . y cro. par . . z hill. eliz. sir tho. gorges case . mores rep. a mores rep. b more . ib. coke . . par . , , . acc . coke par . . in cawde●'s case . coke ib. & . par . in fridle and napper's case . t●m . h. . . vouched in davie's reports , as per hugh abridg . verb. app● 〈◊〉 . vid. . e. . 〈◊〉 coke . par . vouched in cawdri's case . pasch . el. c. b plowd . comment . . &c. grendon's case . a terms of law , verb. appropriation . b litel . cir . discontionance . c cowel's interpreter , verb. approp . d r. . cap. . e plowd . in grendon's case . fo . . b. &c. f f. n. b. . c. & co. l. . fo . . g co. . . plow . . h cor. . . tim. . , . i mich. joc. rot . . c. b. coli and glover vers . bishop of cov. and lichfield . hob. rep. k hill. jac. rot. . w. wright vers . gilbert gerrand and hildersham . hob. rep. l trin. eliz. in can. scace . crimes and smith's case . co . par . . m hill. jac. in chancery , predle , and beard , & wingfield's case . co. . par . . n trin. eliz. in chancery . lord st. john and the dean and chapter of gloucester's case . vid. co. . par . . acc . o mich. b jac. b. r. hunston and cockett's case . cro. . par . p trin. jac. b. r. ward 's case . poph. , . q mich. eliz. dyer . bishop of . cov. & lichf case . vid. ibid. jobson and michael's case . adjudg . in chanc. acc . vid. co. . par . a. co. . par . . in lampitt's case . vid. eliz. plow . com. . the opinion of manwood in grendon's case . acc . hugh . abridg. verb. appropriations . r mich. jac. b. r. britton and wade's case . cro. . par . , , . s pasch . eliz. c. b. plowd . com. to , &c. grendon's case . t hugh . abridgm . verb. appropriat . u trin. car. b. r. in alden and tathi●'s case . hugh . ibid. x vid. e. . . finch . comment . . acc . y pasch . eliz. b. r. z eliz. in b. r. leon. . a mich. jac. rot . . b hill. l. c. rot . . c mich. ● jac. b. r. hunston and cocket's case . a hob. rob. fo . . latch . rep. fo . , . b co. par . . . holland's case . an. . c gomez . in regul . de trien . poss . d hob. ubi supr . hill. jac. b. r. rot . . evans and ●iffin against asc●ugh . noys rep. hill. jac. in the exchequer , colt vers . glover . roll. rep. hill. eliz. b. r. armiger and holland's case . cro. par . . pasch . jac. c. b. in ireland , between the king and cyprian horsefall and robert wale . davis rep. h. . c. . a an. eliz . c. . dr. & stud. . co. par . . . & par . . . specot's case . action . b dr. & stu. cap. . c dr. & stu. ibid. d roll. abr. verb. present . lit . o. p. . e bract. lib. . fo . . f seld. de d●cimis , . & bract. lib. . . g roll. abr. ver . presentm . lit . n. h rol. ibid. lit . q. nu . . i hob. rep. ● . k bract. l. . fo . . §. . l trin. jac. rot. . comber vers . episc . cicest , brownl . rep. par . . actions on q. imp. m trin. el. b. r. cro. par . . n dr. & s● cap. . o dr. & . ibid. p mich. car. c. b. rot . . the king and the bish . of canterbury and pryst's case . cro. . par . . q an. ed. . cap. . r st. ed. . c. . st. r. . . st. h. . . s westm . . cap. . term. law , verb. quare imp. t dyer , fo . , , . co. li. . fo . . u h. . . b. x dr. & st. l. . c. . roll. . , &c. y yelv. . & co. . . b. . a. z kelw. . b. & h. . . a. dyer . p. . a e. . . b. & h. . . a. & hutton . b dyer , p. . c dy. . p. . d hob. ● . hut . e cro. eliz. . cro. jac. . a. owen , & , roll. . . b. e. . . b. co. . . dr. & stud. lib. . cap . pars . counsel . par . . cap. . f dr. & stu. ubi supr . g co. . b. & cro. el. . dyer . a. h eliz. dyer . trin. el. b. r. baker and brent's case . cro. par . . acc . . i e. . . b●ook plenarty , e. . . h. . . k mich. jac. rot . . c●lt and glover vers . the bishop of coventry and lichfield . hob. rep. p e. . rot. pat. membr . . q co. . cates by . r dict . e. i. s e. . . adjudg . q. eleano●s case . contra co. . c●●sby , . b. t h. . ●● . curia . h. . kell . . b. quaer● . u d. , . el. . . per curiam . x h. . . b. d. , el. . . dr. & stu. . e. . . b. y e. . . z h. . kell . . b. contr. per frowick . a h. . kell . . b. b ibid. c trin. eliz. b. r. palmer and the bishop of peterburghs case . cro. par . . mich. & eliz. c. b. b●verly and cornwall's case . e hill. jac. b. r. cro. par . . a st ed. . . b h. . . by kingsmill . c car. b. r. dickenson and green●●● case . pop● . ● . d e. . . e ed. . . ed. . f reg. of writs , fo . . b. g pasch . eliz. c. b. the queen and the bishop of york ' s case . leon. rep. h mich. jac. rot . . colt and glov . vers . bish . of cov. and lichf . hob. rep. i hill. jac. rot . . case gawdy vers . archb. of can● . & al. hob. rep. k mich. jac. brickhead vers . archb. of y●●k . hob. rep. l the form whereof vid. reg orig. fo . ● . a. m terms of law , verb. presentment . n mich. & eliz. c. b. cripps & the archb. of canterbury's case . owen . o jac. c. b. the king and the bishop of linc. case . also mich. jac. c. b. case betwixt the king and the bishop of chichester , then vouched and affirmed for law. p gardener's case there vouched by cook , chief justice vid. mich. car. b. r. stephens and potter 's case . cro. . par . , . acc . vid trin. jac. c. b. rot . . cro. . par . . the same case . q tr. jac. b. r. starkey and pole's case . bulstr . . par . , . hughes abr. ver . advowson , sect. . §. . r dr. & stu. cap . s dr. & stu. ibid. t dr. & stu. cap. . u trin. eliz. c. b. smalwood vers . bishop of lichfield . leon. rep. x stat. ed. . cap. . y case evans and ascough . latch . rep. z stoke vers . styles . latch . rep. fo . . a case . ibid. see this case in noy's rep. b stokes vers . sykes . latch . rep. c kitchin vers . calvert . lanes rep. d terms of law verb. nomination . e h. . . by fulthorp . f ed. . . smith and clayton's case . g fitz. n. b. . b. h dict. cas . lane rep. i trin. jac. in the exchequer . calv. against kitchin and lane's rep. k servien agaiest the bishop of noy's rep. l in robbino case . noy's rep. m smith agaiest noy's rep. n hill. jac. b. r. rot . . fairchild and gaier . o co. lit. . p da. . . b. & roll. abr. verb. present . lit . b. q trin. eliz. b. r. windsor and the archb. of cinterb . case . cro. par . . r e. . . adjudg'd . s e. . . b. t h. . quare i. ped . . adjudg . u co. litt. . x co. litt. ibid. y e. . . h. . . b. admit . e. . . b. curia . z e. . . adjudg . a rol. abr. ver . prese●um . d. m. . b e. . quare imp. . per schard . c liber parliamentorum , e . the prior of bermu●dsey's case adjudg'd in parl. e. . . adjudg'd . rol. ubi supr . lit . e. nu . . d ● . . . ly●all the justices . ● . n. b. . k. . k. e. , . hob. rep. . e e. . . f e. . . b. g ibid. h e. . qua. imp. . i rol. abr. ver . presentm . lit . l. . k rol. ibid. l ibid. & hob. . m e. . b. rol. abr. ubi supr . lit . o. n vid. rol. ibid. lit . q. o ibid. nu . . p p. el. b. r. rot. . inter executors of smalwood and the bish . of coventry and lichfield . q co. . green . b. & boswell . co. lit. . r co. lit. . s e. . rot. patentium membran . . t e. . quare imp. . agree . co. lit. . u co. . green . b. dubitatur . d. el. . . co. . green . b. adjudg . x dom. rex vers emerso . tri● . jac. rot . brown● . rep. par . act on qu imp. y hill. & car. . c. b. rot. . shute vers . higden . vaugh. rep. and arguments . a the king and bish . of lincoln and king , case . more 's rep. mich. eliz. more 's rep. pasch . eli. more 's rep. b m. & h. jac. in scac. inter calvert & kitchin , pe●r cur. c ibid. & d. el. . . el. . . d dubitatur , d. el. . . co . holt. . said to be resolved in the said case of el. d. el. . . admit . e h. . . b. f co. . spe●ot . . rol. ibid. g d. el. . . . rol. ib. lit . y. h . d. el. . . rol. ibid. i cronwel vers . lister . brownl . rep. pa. . actions on qua. imp. k mich. car. b. r. between phipps and hayter , per cur. & hutton's case . hob. rep. l hill. el. b. r. leak and the bishop of coventry's case . cro. par . . albany and the bishop of st. asaph's case . cro. par . . mich. . jac. b. r. lancaster and low's case . cro. par . . cro. par . . pasch . el. b. r. the bish . of hereford's case . cro. par . . a canon . ecclesiastical . b co. . par . specot's case . c rol. abr. ver . prese●tm . lit . x. d co. . specot . . e h . . b. cariae . f pasch . eliz. c. b. 〈◊〉 and the bishop of peterborough's case . leon. . g mich. ▪ jac. c. b. adjudg'd . vid. acc . h. . . c● . . par . spec●t's case . h ●●oton against the bishop of rochester . hutt . rep. i rud. vers . the bishop of lincoln . hutt . rep. k co. on lit. fo . . a. l r. . h. . h. . & rot. bar. h. . nu . . & h. . nu . . m co . par . instit . cap. . §. consistory courts . m st. el. cap. . n canon ecclesiastical . o hill. car ▪ b. r. rot . . cort vers . episc . st. dav. croke . p f. n. b. fo . and regist . of writs , fo . . a. q mich. jac. rot . . colt & glover vers . bish . of cov. & lichf . hob. rep. r ● el. b. r. co. . par . . 〈◊〉 case . s co. ibid. digh. case . t pasch . jac. b. r. per. co. rol. rep. u p. jac. b. r. case hitchin and glover . rol. rep. x eliz. dyer . vid. hare and birkley's c. plow . com. . acc . y eliz in giles case . vid. co. . par . . in holts case . vid. eliz. z hill. cha. rot . . b. r. cort vers . bishop of st. davids . cro. rep. a pasch . jac. b. r. hitchings vers . glover . rol. rep. b co. lib. . c mich. jac. rot . . colt & glover vers . b. of cov. and lichf . hob. r. d oliver vers . hussey . latch . rep. e case dennys vers . drake . lane's rep. vid. co. lib. . digbie's case fo . . resignation of a benefice . e eliz. c. b. gayton's case . owens rep. f the aforesaid case of rud vers . the bishop of lincoln . hutt . rep. g h. . . b. h. . qua. imp. . h. . . h ● e. , . b. i ● h. . . k ib. contr. h. . qua. imp. . adjudg'd of a prebend . l h. . . m h. . . b. & rol. abr. ver . presentem . lit . c. n pasch . . eliz. c. b. ad ▪ judg . godb. . vid. fitz. n. b. . h. . . by knigh●ly . o h. . dyer . p vid. cro. rep par . . fo . . q pasch . jac. c. b. sir w. elvis vers . archbishop of york , and others . hob. rep. r sir hutton's case . c. b. hob. rep. s trin. jac. b. r. glover against shedd . rol. rep. t plow . ● b. u mich. jac. b. r. rones case . poph. rep. x chr. deans case . noy's rep. y pasc . jac. c. b. ret . . strange vers . foote . noy's rep. z mich. jac. b. between sir tim. hutton and the bish of chester . a hill. jac. b. r. hitcham and glover's case . roll. rep. b more 's rep. c middleton and lawte's case . more 's rep. trin. jac. b. r. holt's case , in bulstr . par . . a bro. tit . quare imp. nu . . b pasch . el. c. b. 〈◊〉 vers . 〈◊〉 . owen rep. c mich. & eliz. cr●●●s case . rep. ibid. d broo. tit . quare imp. nu . . e colt and glover's case vers . b●● . of c●v . & lich f. hob. rep. f jac. in scaccar . rot , . sheffeld vers . ratcliff hob. rep. g mich. jac. c. b. rot. . holland vers . shelley . hob. rep. i mich. & eliz. c. b. cripps vers . the arch● . of cant. and others . ower . rep. k co. . par . instit . . & . * sir wivel's case . hob. rep. l pasch . eliz. b. r. vnderhil and savage's case . leon. rep. m mich. & el. c. b. case brckesby against wickham and the bishop of lincoln . n hill. eliz. b. r. poph. rep. o terms of law verb. cession . p latch . rep. fo . . q conc. lat. an. . innoc. . pap. r e. . , & e. . . b. acc . & f. n. b. . l. s pasch . eliz. b. r. vnderhil and savage's case . leon. . rep. . t co. . par . . in holland's case . u ed. . . qu. imp. . e. . . pars . law , c. . x tri● . car. b. r. evans and kiffin vers . askwith . jones rep. y dy. on st. eliz. the last case vouch'd , in case s●ubely vers . bu●ler . hob. rep. z trin. car. rot. . the king vers . george archb. of cant. and th● . p●yst . cro. rep. a d. , eliz. . . rol. abr. ver . presentment , lit . m. b co. . holland's case . eliz. c trin. car. b. r. mann and the bishop of bristol and others . cro. par . . d pynchin and dr. harris . cro. par . . e williams and the b. of lincolns case . cro. par . . f mich. & eliz. b. r. sir r. basset and gee's case . cro. par . . g benet and the bishop of norwich's case . cro. par . . h lewes and benet's case . more 's rep ▪ i sir foliamb's case . more 's rep. a an. . b concil . later . to. . . cap. . e. . . e. . . f. n. b. . l. co. . par . . c dyer . p. . cro. eliz. . d vid. parss law , cap. . ibid ▪ e co. . par . . digbie's case . in the parsons counsellor , par . . chap. . chaplains . archbishop duke marquess earl bishop viscount lord chancellor knight . of the garter baron dutchess , marchioness , countess , baroness , widows , each treasurer , controller , of the kings house , each kings secretary stat. h. . cap. . kings almner , clerk of the closer , master of the rolls , each chief justice b. r. — warden of the cinque ports — par. . chap. . co. . . b. hob. . i co. . . b. k id. . . l ibid. m co. . . a. n pasch . . jac. c. b. the king and the bish . of bristol and bauleighs case . vid. hughe's pars . law , cap. . o el. c. b. pus● and sm●h's case . & trin. el. b. r. rot . . bond and triket's case . cro. par . . p. . p vid. pa●s . law ubi supr . vnder p●pe innocent . . q shute vers . higden . vaugh. rep. vid. anders . . pa. f. . b. p. . vide moor 's rep. c●s . larg . ad eund . effect . r co. . digby's case . eliz. f. . s mich. jac. b. r. woodley and the bishop of exeter and manwaring's case . cro. par . . q mich. jac. rot. colt and glover vers . bishop of coventry and lichfield . hob. rep. r hill. . jac. b. r. rot . . evan● vers . ascough . latch . rep. s ibid. f. . t sava●re's case . owen's rep. n thornton's case . whinch . rep. w the king against the archbishop of canterbury and hetley's rep. x pinson's case in he●ley's rep. y trin. . eliz. b. r. bene vers . noy's rep. z the king against the bishop of chichester . noy 's rep. a h. . . h. . el. b. r. inter a●miger & holland per cur. resolv'd . b liber successionis . c co. . holland . . b. d co. . digby . e lindw● 〈◊〉 . f rol. abr. ve●b . presentment . lit . l. pag. . g ●des ver● . the bishop of oxf●●d , in vaugh. rep. pasch . . jac. 〈◊〉 en ireland en le case de commenda enter le rey & ●yprian horsfall & robert wale . davis rep. hill. . jac. c. b. wallop against the bishop of exeter and murrey , clerk brown●● pa. . t●●● . . 〈◊〉 . b. r. dodj●●● and lyn●'s case . ●ro . par . mich. & eliz. b. r. the queen and page's case . cro. p. . cro. ibid. cro. ibid. the queen and darcte's case cro. p. . or ●di●rte's case . vide mo●●r's rep. mi●h . & ● eliz. b. r. bond and tickett's case . cro. par . . agar and the bishop of 〈◊〉 's case . moor's rep. h. . c. . h. . c. . dolman and the bishop of salisbury's case . moor's rep. the queen , bishop of lincoln and skiffing's case moor's rep. moor ibid. a●miger and holland 's cas . moor 's rep. vid. dederidg . de advows . co par . . cawdrie's case . . ed. . . h. . . e. . . b. dyer . & . p. . co. . a. dyer . p. & . * h. . . † allen vers . nash . pasch . car. . b. r. vid. pars . co. par . . c. . * cro. jac. . a st. eliz. c. . car. . . b car. . c. . c el. c. . . br. . tit . trial . drunkenness , after admonition , is cause of deprivation . hill. jac. rot. . mortimer vers . freeman . brownl . rep. par . . actions , &c. d e. . . h. . . h. . . by thirwit . co. . p. . h. . . e co. . par . . . in lyford's case . f mich. jac. b. r. vid. pars . law , cap. . co. . . b. e. . . g e. . & . h. . . acc . h el. dyer . acc . st. h. . c. . i mich. car. c. b. rot . . the king and the bishop of cant●r . and pryst 's case . cro. . p. . acc . k eliz. morris and eaton's case , adjudg . vid. pars . law , c. . shut● and higden's case in vaugh. rep. l dyer . b. p. . m pars . co. p. . cap. . n vid. r. . fitz. hughe's abridg . verb. deprivation . o co. . par . . windsor's case . p eliz. dy. . q trin. . car. b. r. the b. of hereford and okoley's case . huge's abridg. verb. deprivation . r eliz. dyer . s eliz. dyer . 〈◊〉 . t stanf. ple. cor. fo . , & . u vid. seld. tit. of hon. fo . . x ridl . view . p. . cap. . sect. . x cawdry vers . atton . poph. rep. vid. this case coke lib. . . y hil. jac. . feb. in noy's rep. post . cas . rye versus fullcombe . * the articles of religion . z vid. shate and higden's case , in vaugh. rep. mich. jac. parker's case . brownl . rep. p. . a hil. jac. b r. inter hitchin and glover . adjudg'd . b mich. jac. b the bish . of carl●sle's case . per curta● . c rol. abr. ver . present●n . lit . p. d smith and clerk's case . cro. par . . e trin. eliz. b. r. baker and brent's case . f trin. eliz. c. b. foxe's case . cro. p. . g lovedon and windsor's case . mores rep. trin. jac. b. r. hornigold vers . bryan . bulstr . par . . doderidge of advowsons , lect. . doderigd . ib. a co. on l. fo . . b. b h. . . c art. cle. ch . , h. . . dyer . co. . . . . d el. . . & kelw. . co. . . . . on litt. . e st. h. . c. . f ibid. g stat. ibid. & coke pla . fo . . h st. ibid. i ibid. h. fo . . h. . fo . . k hil jac. wood's case . l per co. mich. jac. b. r. case gratnge and howlett . roll. rep. m mich. jac. b. r. case of the king vers . bish . of norwich . n st. car. . c. . o pasch car. c. b. in dict . cas . chichley . hetley's rep. p howson 's case . herl . rep. eliz. c. that statute speaks of absence not above daies in a year in the parson ; daies in a curate . q sidner vers . calver . noy's rep. r st h. . cap. . s co. . . b. t h. . c. . u h. . cap. . h. . c. . h. . c. . vid. pars . couns . p. . cap. . x co. . . a. hill. jac. canning vers dr. newman . brownl . pa. . vid. more 's rep. co. . butler and goodall's case . eliz. b. r. cro par . . pasch . jac. b. r. shepherd vers . twolsie . bulstr . rep. par . . mich. jac. b. r. j. s. against mar●yn and gunnystone . blustr . par . . trin. jac. b. r. rudge vers . thomas . bulstr . par . . marsil . calvin . a terms law , verb. abbot . b ibid. an. . c co. on litt. fo . . d mr. bl●unt in his 〈◊〉 lox . e an. el. cap. . f camb. bri. g h. . cap. . ed. . c. . car. . c. . h v. dugdales hist . eccl. i trin. jac. rot . . case pitts vers . james . hob. rep. k st. ed. . c. . l h. . . ● . m ibid. n co. . ●dams and lamber●'s case . ● & eliz. b. o mich. jac. b. r. h●ll●way and watkins case . cro. par . . p pasch . car. b. r. humphreys & knight's case . cro. par . . q hart and brewer's case . cro. par . . r the case of the skinners of london . s pasch . eliz. more 's rep ▪ t co. inst . p. . cap. . u st. h. . c. . x st. e. . c. . vid. the re●earsal of the stat. & coke ubi supr . c. . y co. ibid. & dyer eliz . . z heyl. hist . eccl. p. . a st. h. . cap. . b st. h. . c. . st. h. . . ed. . . eliz. . c st. mar. s●ss . . cap. . d dict . st. eliz. . mich. jac. co. lib. . co. inst . par . . ●ap . . co. ibid. num. . , &c. vid. jerom . in ezek. c. . v. , &c. a britton . fo . . b britt . c. . nu . . c bract. l. . c. , & . vid. f. n. b. fo . . & new book of entries , verb. frank almoigne . d britt . ubi supr . e in case dennis vers . drake . lane's rep. vid. co. lib. . digbie's case . fo . . mich. jac. co. l. . a mich. eliz. in scac. inter turner and edwards . b gloss . in matt. par. blount's nomo-lex , ver . altaragium . c brett and ward 's case ▪ winch ▪ rep. d dr. wood a●d gree●wood's case . hetl. rep. mich. jac. b. r. reyn●lds vers . gree● . bulstr . par . . cawdrey's discourse of patronage , p. . ●bid p. . a 〈◊〉 ● . b 〈◊〉 jac. r● c. b. c ●o . gra●● , rol● . d 〈◊〉 . e 〈…〉 . ● . f 〈◊〉 st. . . ● & ed g levit. . . h matt. . . & luke . . i mal. . , . . vid. pro. . , . k mal. ibid. l matth. . . & luke . . m mat. . . n tim. . . o rom. . . p hierom. sup . ezek. . & num. . . q deut. . . r deut. . . s deut. ▪ . t hierom. ●ubi sup● . u gen. . . & . . & . . heb. . . w dr. ridley's view . cap. . sect. . x co. . ● . on lit● . . bulstr . . . hob. . ● . co. . & dod ▪ of advowsons . y latch . . z co. . . a dyer . b hob. . c poph. . d bulstr . . . godb . e noy . f noy's rep. in spencer's case . g latch . . h hill. jac. in c●m . scacc. colt vers . glover . roll. rep. i vid. hugh . abridg. . case . . k dr. bridgman's case . noy . rep. . & pasch . jac. b. r. rot. . & latch . . l & ed. . c. . m pol. virg. hist . angl. lib. . n holinsh . in hen. . fo . . o co. . . b. p co. . par . . ● . e. . by 〈…〉 e. . . by parot . mich. jec . it . c. b. slade and 〈◊〉 case . hob. . ●cc . high. 〈…〉 . q view . par . . cap. §. . r law of tithes . cap. . p. . s ridl . ibid. p●r . . cap. . sect. . t regis●● . eccl. christ . cant. stow. ridl . ibid. u ridl . ibid. x bede , lib. . cap. . vid. edgar's laws , cap. . hoveden , par . cap. de decim . eccl●s . ed. . h. . . h. . ● ▪ e. . . dr. & stu●● . c. . co. . . b. dyer . 〈…〉 seld. hist . decim . . co. . par . inst . . sir ridley's view of , &c. par . . c. . sect. . lease of tithes per parol . a mich. car. rot. . bellamy vers . balthrop . latch . rep. tithes , where discharged by vnity of possession . b skelton & the lady airies case . lanes rep. a parson covenants , that his parishioner shall pay no tithe . c pasch . jac. b. r. fulcher vers . griffin . in the additions to poph. rep. d warner against barret . herl . rep. tithe-wool and rotten-sheep . tithe-calves . a anonymus . latch . rep. headland . tithe-wool . b huddleston . and hills c , lane● rep , lamb 〈◊〉 wool included in small tithes . c 〈…〉 tithe sheep . d michal . car. b r. poph. rep. tithes for a riding nagg . e trin. jac. b. r. la●●king and wild's case . poph. rep. tithes of wool and lamb. where several prohibitions may be granted in the same case , and where not . f pasch . car. b. r. b●wry vers . wa●●ington in the additions to poph. rep. tithes of park buck and doe . not tithable . what partridges and pheasants not tithable . g tri● . eliz. post winter and lovedaies case . owen's rep. tithe of saffron . tithes of a park . venison not tithable . saffron is small tithes . h pasch . eliz. b. r. the case of the dean and chapter of owen's rep. i warner against barret . hetl. rep. tithe corn. a hill. car. . b. r. stilman vers . chanor . latch . rep. b case stilman vers . cremer . c dict. cas . in alia nar●at . latch . fo . . no tithe of odd sheaves . d anonymus . latch . rep. tithe of glebe . e case stile against miles . owens rep. f pasch . eliz . b. r. woodward against nelson . owens rep. modus decimand . g layton's case . latch . rep. m●dus decima●d . b clark vers . prowse . latch . rep. modus decimandi . c pasch . jac. in the exchequer , catesbie's case . lano's rep. prescription . tithe of a 〈◊〉 . prescription . tithe of h●● . ground . tithe of mill●● d mich. jac. c. b. ro● . ● pool vers . reynold . hu●● . rep. tithe wood , what th●●gs are small● tithes , and what great . tithe-saffron . tithe-hops . tithe-w●●ld . tithe . tobacco . e hill. jac. rot . . c. b. v●ed●ll vers . 〈◊〉 . hutt . rep. f trin. jac. c. b. post case w●●gift vers . sr. fran. barrington . w●●ch . rep. g pas● . ●● jac. c. b. brigg's case . win●l-rep . tithe of c●ttel . tithe . hedgstuff . tithe-orchard . tithe-hearthpeny . h pas●● . car. c. b. woolmerston's case . h●●l . rep. tithe . fish . i pasch . car. ● . b. case of tithes in hetley's rep. k tithes of pidgeons and acorns . wilco●k's cas . in ●et● . rep. discharge of tithes . l booth against franklin . hetl. rep. tith●● hay of headlands . m mich. car. ● . b. wood against symons . hetl. rep. n the vicar of chesham's case . hetl. rep. tithe of forests . o comin's o. hetl. rep. tithe hedg-boot and fire-boot . p pasch . car. c. b. norton and ●u●ke●'s cas . hetl. rep. tithe of young cattel . tithes of ●edging and fencing . tithes of heifers-●erbage . tithes of herbage for horses . tithes of herbage for a riding horse . tithe of dry cattel . tithes of hedging . ●arden-tithes . q pasch car. c. b. thornill's cas . hetl. rep. tithe-apples . tithe-herbage of cattel . no tithe of pasture of milch-kine grown dry , unless kept for sale . r case upon a prohibition in hetley's rep. post cas . regis vers . archbish . of canterbury . composition for tithes . tithe-wood . hearthpeny , what ▪ tithe herb●ge of cattel . s trin. car. c. b. norton's case . he●l . rep. t stone against wallingham . hetl. rep ▪ u scot against wall. hetl. rep. w napper against steward . hetl. rep. custome of tithe gra●●-cocks . r hil. car. c. b. ●ide against ellis . hetl. rep. y johnson's case . hetl. rep. tithe-hay . z hil. car. & pasc . car. rot. . wood and c●r●verner's case ag . symonds . hetl. rep. tithe-hay on heath . a fl●wer ag● . vaug●an . hetl. rep. b tr. jac. ● b. r. rot . . pring● vers . child . noy . rep. f●r not setting ●ut of tithes . c pasch . jac. b. r. sir rich. champion vers . rob. hill. noy's rep. prescription . d bott ag . sr. ed. brabaton . noy's rep. e goodwin against the dean and chapter of well● noy's rep. tithes set out , no●ice . f spencer's case . noy's rep. composition . g brey a● . patridge . noy's rep. mod●s de●●mand . h mich. jac. c. b. rot . . fo●d ag . weedham . noy's rep. composition . i mich. jac. c. b. rot . . green ag . dickenson . proof of surmize for a prohibition . k skinner's case . noys rep. tithe-hasle , holly , willow , white-thorn . l pinder ag . spencer . noy's rep. whether parishioner shall preserve the parsons tithe ? m dr. bridgman's case . noys rep. testis singularis to prove payment of tithes . n bray vers . patridge . noys rep. composition . o brooks case in noy's rep. tithes set out . p webb against petts . noys rep. tithes of p●geons . q warlington●●rs ●●rs . p●rry . noy . rep. medus decimandi . u steward's case in noy's rep. tithes of sea-f●sh . w holland vers . heale . noys rep. x small 's case . noys rep. y dr. meadhouse vers . dr. taylor . noy . rep. collector of tithes . z brickend●●e vers . denwood . noys rep. fraudulent setting out of tithes . a hil. jac. b. r. ford vers . pomroy . noy's rep. tithes , whether the parsons or the vicars . b randall vers . knowls . noys rep. c philips ag . slacke , ibid. tithe-park . mod. deciman . d sharp ag . sharp . noys rep. tithes not s●t forth . e rochester ag . porter . noy's rep. tithe rape-seed . f pasch . car. b. r. rol. abr. ver ▪ vicar . decimae garba●um . g roll. abr. verb. vicar , nu . . tithe-wood . h mich. jac. b. r. inter● reynolls● green. i pasch . jac. sir r. champion vers . hill. brownl . rep. pa. . actions of debt . brownl . rep. ibid. action for stopping the parsons way of carrying his tithes . mich. jac. b. r. bulstr . par . . a hob. , . b idem . cro. , & . c mich. eliz. b. r. hughs abr. verb. dism●s . d co. lib. . & regist . . & reynold's c. mores rep. e hil. 〈◊〉 . e. of shrewsburi●'s case . bulstr . p. , ● f pasch . el. b ▪ r. per cur. hill. jac. b. parson of stanfield in suffolk , per cur. prohibit . granted . g pasch . jac. b. nicholls & hooper , per cu. jac. b. r. spencer & johnson . pasch . jac. b. kenniston . h h. . rot. parl. nu . . i cro. pa. . k more . case . l p. jac. c. b. adjudg . mich. jac. c. b. smith's case bulstr . . . cro. . . . green's case . m cro. . . hall vers . phettiplace . n jac. b. r. & cro. car. . . jones . o f. n. b. . p adjudg . mich. el. c. b. grisman vers . lewes . cro. pa. . . q mich. jac. c. b. inter baxter & hopes . r roll. . . a. , . r rol. . . 〈…〉 . s hil. el. c. b. sharinglon and fleet-wood's case . goldsb . . t hil. car. b. r. lacie vers . long. jones rep. u co. . . . . w yelvert . , . x pasch . jac. b. r. snell and bennet's case . godbolt . . y mich. jac. . c. b. brown● . rep. par . . z cro. par . . a crop. p● . . b co. inst . par . . . b. c car. b. r. poph. rep. . d parker vers . kempe . bulstr . par . . co. inst . pa. . , & co. . par . . a. dr. & stu. . e more , case . f m. jac. c. b. s●arington's case . el. dyer . & ed. . c. . co. . inst . . plow . . ● . . b. vid. car. b. r. in sugden and c●ttel's case . g pasch . jac. b. r. witt and buck's case . bulstr . , . par . ● . h hil. car. b. r. strowd vers . hoskins . jones rep. sherington and fleetwood's case . cro. par . . bulstr . par . . i more . rep. holliday & lees case . k more . cas . , . jac. c. b. pinder's case . l adjudg . pasch . jac. c. b. in ●ind●r and spencers case . m sir s. d●ggs law of tithes , c. . n pasch . jac. c. b. mau● & somerton's case . brownl . . par . . o more . cas . , . q more . r mich. eliz. b. r. & pasch . el. c. b. s more . t pasch . eliz. austin & lucas , adjudg . per cur. u mich. jac b. r. lee and collin's case . tr. jac. b. belle & tarde . prohibition granted . m. ja. b. r. dr. beste & williams , prohibition granted . hill. jac. b. r. kneebon & woodret , consultation denied . m. jac. b. r. per towse said , that it was one samms case of essex . adjudg'd . tr. el. b. r. inter sherington & fleetwood . per curiam . m. car. b. r. facy & large , per cur. tr. jac. b. r. l●mkin & wilde . mich. car. b. r. baxter & hopes cas . brownl . . pa. acc . trin. jac. winch. . acc . a m. jac. b. r. mich. jac. b. r. webb's case . mich. car. by justices . b. istr . . . & march. . b broo. dismes . lane . golds b. . plow . . c term. jac. b. r. broo. dismes d pasch . car. adjudg . acc hugh . abr. e more . case . f pasch . jac. b. r. g hill. jac. b. r. inter daudrige and johnson . h ibid. i eliz. b. r. by wray , and all the other judges . k co. . . a. inst . . dr & stud. l. . c. . & hob. . l hugh's parsons law , cap. . m h. . , . h. . . e. . . e. . . h. . . h. . . h. . . h. . . h. . . h . . h. . . & acc . n pasch . car. in hitchcock's case . o pasch . car. b. r. hichcock & hichcock's case . marsh . . p mich. jac. c. b case mildmay & hutton . pasch . car. adjudg . acc . ibid. r eliz. c. b. s smith's case , c. b. t ed. . dr. & stu. . u hil. car. b. r. halsey vers . halsey . jones rep. w broo. dismes . & brownl . . pa. . x co. on litt. . hill. jac. brownl . rep. pa. . cases in law , &c. ford vers . pomroy . brownl . pa. . hill. jac. ● . pl. . per cur. trin. jac. b. r. guin & merryweather's case . roll. rep. stebs and goodwich's case . mores rep. y hob. . z more . case . a hob. . b march. . c co. select cases , , . f co. . inst . . g co. . pa. . & ed. . . & h. . co. & brownl . . pa. . h yelvert . . i lane . hob. , , . k hob . l co. . . m co . b. of winchester's case . n co. ibid. o wright and wright's cas . cro. par . . p mordant and cummin's case cro. par . . q mich. car. b. r. sydown and holme's case . cro. par . . parkins and hind's case . cro. par . . mich. eliz . in cur. wardor . more . green and buskyn's cas . mores rep. quarles and sparting's c. mores rep. mich. jac. c. b. case of modus decim . co. lib. . mich. jac. b r. wintell against childe . bulstr . par . . mich. jac. c. b. brownl . rep. par . . cases in law , &c. brownl . ibid. discharge of tithes . coke . the bish . of winchester's case . eliz. fo . . parkins and hind's case . cro. par . . cornwallis & spurling's c. cro. par . . n more . cas ▪ . o car. adjudg . p pasch . car. adjudg . acc . a pasch . jac. c. b. b car. by barkley justice in c. b. c h. . ▪ d more . case . e case sharp versus sharp . noy . rep. f h. . . by all the justices . g bulstr . . . h more . case . i tr. car. b. r. earl of desmond's case , adjudg . cro. . pa. . & car. b. r. adjudg . hugh . abr. verb. dismes . k cro. car. . . . koll . . . c. , , . l law of tithes , cap. . m hil. car. b. r. cro. par . . . appeal out of ireland to the delegates in england . trin. car. b. r. cro. p. . n mich. car. c. b. morant and canding's case . cro. p. . . o h. . . p owen . q brownl . . r blinco vers . marston . cro. par . . . s dict . cas . blinco . mores rep. t cro. eliz . . u roll. . k. . w cro. eliz . . x crompt . cas . pasch . car. . b. r. y trin. el. b. r. style & miller . leon. . z hugh . abr. vert . dismes . sec. . & . harris vers . cotton . brownl . pa. . actions of debt . vid. the present state of england . pag. . mich. eliz. mores rep. trin. jac. b. r. johnson & parker's case . roll. rep. mich. jac. c. b. baxter's case . & trin. jac. b. r. a roll. ● . y. . b roll. . . z. , , . c roll. . . . . d leon. . . e hob. . f pasch . jac. b. r. roll. rep. g batham & lady gresham's case . cro. par . . h scory and babe●'s case . ibid. i mich. . eliz. b. r. adjudged . hugh . abr. k more . case . . . leon. . case . l lane . l m. car. b. r. rot . . bar scot and norton's case . cro. pa. . m udall & tindall's case . hutton . . n mich. car. b. r. cro. par . . o more . . p pasch . car. b. r. cro. p. . q more . . r c. b. by the whole court. brownl . . pa. . p march. ● . q mich jac. c. b. mildman and on 's case . r co. . . s hob. . & benloes . t case hooper vers . andrews . roll. rep. u vid. hob. . w dict . cas . hooper vers . andrews . x pasch . jac. b. r. case mascall and price . roll. rep. * pasc . jac. per coke . ibid. y hob. ● . † vid. the grand dispu●a before the k. between the judges of both laws . trin. jac. co. lib. . * st. ed. . c. . a jac. c. b. in the case of vodus decima●di . coke 〈…〉 cases , & . b trin. jac. c. b. brown's case . god b . c mich. jac. c. b. winter and childs case . bulstr . . par . , . d adjudg'd car. in sir arthur robinson case . c●aytons rep. 〈◊〉 . e ●●●es . . f st. h. . cap. . vid. sir d●gee's law of tithes . chap. . g eliz. dyer . co. . par . h hill. c●r . b. r. in dichenson & greenhowe's case . poph. . i co . par . instit . . k sr. h. . c. . l co. inst . . par . . vid. spelm. judicious conjecture upon this point of mortuaries , in his treatise de sepultura pag. . hinde and the bishop of chesters case . cro. par . . trin. jac. b. r. lamkin parson of tbimblethorpe and wild●'s case . cro. par . . trin. jac. b. r. 〈◊〉 vers . may. bulstr . par . . a sharp vers . sharp . nor. rep. b vid. pasc . jac. c. b. poole & reynold's case . c cooper and andrew's case . * pasch . jac. b. r. mas●hal & priceper co. roll. rep. d more . case , & case . e hil. jac. c. b. the vicar of clares case . f hob. . g roll. . . c. . , . noy . sr. ed. . c. . h car. at york assize tour●btes cas . clayt . rep. . i tr. car. b. r. richardson & caleb's case . poph. . k ibid. l hil. jac. b. r. hide 's case . & bulstr . . . m tr. jac. b. r. pothill & may's cas . adjudg acc . bulstr . ibid. t hill. car. b. r. gibs vers . wyborne jones rep. u ibid. w co. par . . inst . . . par . , . x co. super littl. . & crompt . jur. . dyer , . y more . case . z dr. & st. . . broo. prescrip . . co. . a co. . par . bish . of winchest . case . & in ed. . . by choke . b adjudg . mich. c roll. . . h. . d more . case , & . e co. . , . f h. l jac. ● . r. smith's case . g jac. c. p. in fleewood's case . h more . case . i more . case . k hil. jac. b. r. shipton's case . adj. l co. upon littl. . dyer . m hob. . n hob. . o mich. jac. b. r. rot. . case parry vers . chaunsey . noy . rep. p hil. jac. b. r. c. hooper vers . andrews rol. rep. q ibid. r p. jac. b. r. c. maschal & price . rol. rep. s co. vouched in one shibdens case noy . rep. sharp vers . sharp . t vid. h. . bro. preser . . mich. eliz . b. r. god b . u car. robinson's case . vid. clayr . rep §. . w hill. eliz. b. r. books case . godb. . x co. . par . bish . of winchesters case . y case ibid. & dr. & stu. . z dr. & st. ibid. a st. ed. . c. . b seld. hist . decim . . roll. . . h. c roll. ibid. d roll. ibid. h. . & co. . . a. c roll. . . d. , . vid. law of tithes , c. . f lev. . . dict. cas . peck & harris . cro p. . g dict . cas . bedford & dr. skinner . per cur. a mich. eliz. b. r. bedingfield & feaks case . goldesbr . , . & more . rep. case . b pasch . car. c. b. weeden & harding's c. vid. mich. car. b. r. poph. rep. . acc . marsh . . c mich. car. b. r. hob. . ed. . . b belknap . vid. co. . par . inst . , . seldens hist . decim . . rol. . . , , . d co. . par . inst . . e plow . . a. b. f co. ubi supra . g more . . plow . . b. rol. . . q. . , . co. . . a. a mich. car. b. r. mead vers . thu●m●n . jones rep. b hil. ca● . b. r. mead & thurman's c. cro. . pa. . c co par . in bowle's c. co . pa. . liford's case . d more . case . e e. . . f plow . com. . & dr. & stud. . g ●t . ed. . cap. . h. . . e. . . h hil. el. c. b. rame & pateson's c. goldes b. . i co. . par . . bowle's c. vid. pas . jac. c. b. dr. nowman's case , godb. . ac . hil. jac. b. r. bro●k & roger's case . cro. . par . . k v. brownl . . par . . l ed. . and the bo●k ed. . m plowd . . mich. jac. b. r. dolley ver . davies . bulstr . par . . n hill. car. b. r. gibbs and wibornes case . cro. . par . . pasch . el. b. r. crook rep. par . . ram and batersons case . cro. par . . cro. par . . the lady waterhouse & bawde's c. cro. par . . o houghton and princes case . more . rep. * adjudg . mich. eliz . b. r. & pasch . elliz . c. b. liff and watts c. p eliz. b. r. in bus●ie the vicar of paucas cas . godb. . q pasch . car. b. r. marsh . . r adjudg . car. in anderson's case . s ley. . t pasch . car. b. r. upon stat. ed. . u dr. & stu. . & in ed. . . w vi. hugh . pars law. cap. . p. . x yelv. . . z broo. tresp . . co. . par . inst . . a by judg. jac. b. r. b more . case . c hob. . d hob. ● . e dyer . co. . . f adjudg . el. wood's case . st. ed. . vid. co. . par . inst . . b. hil. el. c. b. rot. . bedell's case acc . g ed. . . mich. el. b. r. adjudg . acc . h. . . acc . h hugh . parsons law. c. . p. . i more . . k marsh . . l hob. . m co. select cases . . . n tr. jac. b. r. case reynolds & hayes . rol. rep. vid. ed. . . by finehden . co. . par . dr. grant's case . o more . case . p mic. j●c . c. b. smith's case . adjudg . q mic. el. wood's case . adjudg . co. par . inst . . r el. c. b. sr. finche's case . & vid hil. el. b. r. rot. . bedell's case . acc . s co. . par . inst . . a. t hil. jac. b. r. sr. rich. chaepernon & hill's case . cro. . pa. . u tr. jac. b. r. horne & cotton's case . hob. . w hill. jac. b. r. rob . mountford & stdley's case . bo●str . . par . , . vid. trin. jac. b. r. wiseman & denham's case . gods. . x p. car. c. b. adj. acc . hugh . abr. dismes , sect. . §. . y tr. el. b. r. wit●● & paunder's c. adjudg . acc . z m. car. b. r. bellamy & 〈◊〉 case . ●ot . goab . . a mich. ja. c. b. in c●fes case . b m. jac. c. b. in ●awling's case . c m. car. b. r. in hawes & brayfield's case . cro. . par . . vid. nelson & prettiman's c. & rolls & roll's case . b. r. adjudg . acc . ibid. d p. jac. b. r. bothe & crompton's c. cro. . pa . e eliz. b. r. f dr. & st● : . & e● . dyer in b. r. adjudg . vid. hugh abr. dismes sect . §. , . g hensloe's case . co. . par . h tr. el. b. r. st●le & miller's case . leon. . i eliz. in dabbi●gtons case . mich. car. b r. chase & ware , per cur. intratur tr. car. rot . . trin. jac. b. r. bennet vers . snell . rol. rep. par . . s●vil & woods case . cro. par . sherburne's case . cro. par . . leigh & woods case . cro. par . . ingolib●y and johnson's c. cro. par . . cro. ibid. blackwell's case . cro. par . . more 's rep. more 's rep. ibid. case . trin. el. b. r. spratt against heal. co. lib. . whereupon a libel for tith . a prohibition ; and where a consultation shall be granted . a consultation granted . a hob. . . b co. . par . inst . . more , . cro. jac. . c sr. sim. deg. law of tithes , ch . . & hugh . abr. dism . sect. . § . d co. . par . . bridle & nappe●s case . e mich. h. . dyer . f mich. jac. c. b. sharington's cas . g hil. jac. c b. adjudg . hide & ellis case . h ed. . . i eliz. b. r. by s●uit and cl●rk justices . mich. ●ac . b. r. 〈◊〉 vers . 〈◊〉 . bulstr . par . . h. . rot. par. nu . . a hob. . b hob. rep. case . c p. jac. c. b. rot . . g●ffly & vindar's case . hob. . d hutt . rep. . f pasch . eliz. g rol. . . v. . bulstr . . h adjudg . trin. jac. b. r. i adjudg . hill. jac. c. b leonards case . & el. b. r. foster & leonards c. adjudg'd accordingly . cro. . par . . acc . k by hobart ch. justice . l m jac. b. r. m m. jac. c. b. white & bickerstaffs case . n tr. car. c. b. norton & farmer . case o dict . bickerst●ffs case . p ed. . . vid rol. . . l. . q hill. jac. c. b. hide & ellis case . adjudged . r tr. car. c. b. cro. . par . . norton & fermor's case . s hob. . & . rol. . q. , , . noy . cro. jac. . t co. . inst . . cro. el. , . & cro. car. . more . rol. . . z. , , . u rol. . . z. , , . w rol. . . e. . x tr. jac. b. r. buckhu●st . vers . newman . trin. el. b. r. per henden . pars . law y co. par . , , . plowd . . brownl . . pa. . & . par . . doct. & stud. . pasch . jac. man vers . somerton . brownl . rep. pa. . actien● of deb. tr. jac. b. parson ellis and drak● . t● . . el. b. r. pars . ran & p●tteson . & tr. car. b. r. brown & nixon . per cur. mich. jac. b. r. rol. rep. par . . somerton and cotton's case . cro. par . . norton and fermor's case cro. par . . a fitz. n. b. consultation . g. b more . case . . c more . ibid. d p. eliz. harpur's rep. e cro. el. . t. f rol. . c. . z. ● , , . bulstr . l. . . fess & parker's case . g rol. . . z. . h tr. . car. b. r. ashton & wilters case . i car. b. r. adjudged . vid. m. . car. b r. poph. . hugh . abr. dismes , sect. . §. . k mich. car. b r. hob. . trin. jac. rot. . pain vers . nichol. brownl . rep. par . . ●ctions of debt . pasch . jac. 〈◊〉 inter ni●●cls & hooper , per cur. tr. jac. b. r. between marskall and price . dubit . mich. jac. b. r. between joyse and parker . per cur. case ibid. p. car. b. r. inter dent & salvin , per cur. ibid. j●s●p & paynes case . cro. par . . i can. , , , . k synt. jur . l. . c. . n. . pasc . . car. b. r. matinley vers . martyn . jones rep. adulterium est illicitus concubitus conjugati & conjugatae . b st. . h. . c lev. . . deut. . . d joh. . . in epist . bonifac . ad ethelbald . ang. reg. antiq. brit. f. . n. . seldeni ad eadmerum notae & specilegium . p . l. . e vin. l. . c. . f scot. hist . g purch . pilg. p. . l. . c. . § . h lerius c. . i mex . hist . k purc . pil. p. . l. . c. . l lins . c. . o aelianus . s . eliz. by wray , anderson , & man-wood . crom. . t . h. . . br. travers . . v bl. nomo . lex . verb. lairwite . w vid. fleta . l. . c. . to this purpose & co. inst . par . . fo . . x st. west . c. . co. . p. inst . fo . . y camd. brit. tit . sussex . & co. inst . . p. fo . . lessius de just . & jur . lib. . cap . dob . . nu . . a cossanae de consuet . burgund . p. . b terms of law. verb. bastard . st. . h. . . mulier according to vlpianus is a defiled woman . c ibid. verb. mulier & lit. tenures . lib. . cap. . of descents . d st. . h. . c. . and smith . de rep. angl. lib. . cap. . e glanv . l. . c. . and britt . c. . & skene de verb. fig. verb. mulierarus filius . vid. co. on litt. fol. . b. and . b. f bract lib. . cap. . g kitchin fol. . h d. stat. h. . . i vid. bro. tit . bastardy . nu . . k c● . . . ● . sup . litt. . l st. . h. . c. . h. . . co. on litt. . m ed. . . and broo. sect. . and . e. . . n ed. . . h. . . . ed. . . o e. . . h. . . h. . . e. . . h. . . co. on lit. . p rid l. view of &c. par . cap. sect. . q sir walter sand. vers . adams and cu●win . post dict . cale in noy's rep. r glanvil . lib. . cap. . s ridley . ubi supra . t ibid. l e. . . m d. . bastardy . . e. . . b. per thorp . n h. . cap. . o h. . . b. p h. . . q e. . . mich. . jac. b. r. elborough versus allen. roll. rep. u term of law. verb. bastardy . x littl. sect. . fitz. b. . y st. . h. . . and h. . . co. on lit. . quia subsequens matrimonium toltir culpam praecedentem . z vid. engl. lawyer . . a co. sup . litt. . arsop's case . m. . jac. b. r. b co. . . c ed. . d ed. . com. bedf. case . r. . b. r. e trin. & pasch . . rot . . b. r. owen vers . jevon styl . rep. f jac. cap. . g littl. . b. h vid. . h. . . i vid. . eliz. dyer . . and eliz. dyer . . hugh . abridg. verb. bastard . k mich. . eliz. dyer . . wersel● case l co. . par . . in sr. finch's case . m mich. . el. coke par . . . banti●g and lepingwells case . n co. . par . , . ●enns case . o mich. . jac. b. r. alsop and bowtrels case cr. . par . . godb. . the same case . mich. jac. b. r. bract. lib. . f. . b. r vid. co. . par . case of the abbot of strata marcella . s vid. . e. . dyer . . t trin. . jac hob. rep. trin. . car. b. r. . cro. . par pidgeons case . ibid. . acc . pasch . . car. b. r. slaters case . cro. . par . . y pasch . . jac. b. r. webb and c●oke case . cro. . par . , . and . z cook. . par . . acc . kenns case . a mich. . eliz. cook. . par . . banting and lepingwith case . hugh . abr. ver● . bastard . cas . . b . h. . . . e. . . b. co. . kenn . . c . ass . . adjudg . d . h. . . b. e . h. . . . e. . . b. f . e. . i b. . h. . . . e. . . . e. . . b. . ass . . g trin. . jac. b. r. inter stile & west . h hill. . jac. in camera stellata inter done & egerton plaintiffs , and two hintons and starkey defendants so held by the chancellor , and montacule but hobart e contra . i . e. . . b. . e. . . . e. . . . ass . pl. . . e. . . per herle and yond . k . e. . . b. e. . . l h. . contra . . ed. . . b. . e. . . cont . . h. . . b. m . e. . n hill. . jac. cam. stellat . ubi supra o h. . . e . . b. . . e. . . hill. . jam ibid. cam. stellat . p . e. . . ass . . q . h. . . r . h. . . s . h. . . b. n . e. . . b. . h. . . o . h. . . bracton . l. f. , . p . e. . . b. q . e. . . r ibid. . h. . . s . e. . . . e. . . b. . t . e. . . u ibid. x . e. . . b. co. . kenn . . h. . . y . e. . pl. . . h. . . z . e. . . cont . . e. . bastardy . . cur . a ib. . e. . b ib. . e . . c more 's rep. d mich. . and . eliz. bantings case . more 's rep. b mich. . eliz. in cor. warder . morris and webber● case . moore 's rep. mich. . jac. en le court de castle-chamber en ●●●land danis rep. le course del trial de legitimation and bastardy . de legiti●●tate . a co. par . . kerah's case . b aquin. supplem . . par . q. , , . praesertim in . dist . . q. . a. un . c co. par . . . and dyer . . d lib. ass . . an. pla . . e co. par . . . and dyer . fo . . o term. pasch . . ed. . coram rege . co. inst . par . . cap . a canons ecclesiastical . edit . . d st. jac. cap. . e st. . h. . c. . f porters case . co. rep . g sir h. spelm. concil de concil . arelat . can. . h dame powells case against weeks . noy rep. i co. instit . . par . cap. . polygamy . k bury's case . co. . part . l mat. . . m deut. . , . beza in luke . . levit. . . and deut. . . n sum. host . lib. . de divortiis . nu . . y spelm. concil . de concil . herudford . art . . z idem . de synod . sancti patricii sect. . a mat. paris hist . angl. p. . o d. hieron . in mat. tom . . . f. and . c. and . d. p d. ambros . ubi supra . q hill. . eliz. rye vers fulcombe . in noy's rep. and more rep. case . r dame powell vers weeks . noy's rep. s agar's case in brownl . rep. pa. . t trin. . car. . c. b. rot. . harrison vers . doctor burwell vaugh. rep. & arg. u cro. . el. . mann'● case . vid. dict . case harrison . & vid. case hill vers . go●d . in vaugh. rep. co. . buries case . eliz. c. b. pasch . car. b. r. porter's case . — cro. par . . vnderhill and brooks case . cro. par . . mic. . and . eliz. b. r. riddlesde● & wogan's case . cro. par . . sir simmond's case . more 's rep. co. inst . par . cap. . vid. . e. . consultation . pains case . lib. . fo . . co. ubi supra . co. ibid. a st. westm . . cap. . b rot. claus . an. . h. p. . m. . c supra verb. adultery . vers . sin . s mich. . car. c. b. john owens case . hetley's rep. t dame sherley's case . hetleys rep. u the wife of mr. clobery against her husband . hetley's rep. mich . jac. b. r. bradstons case . roll's reports . hill. . jac. b. r. hyats case . cro. p. . all actions of defamation suppose in additu quam plupalavit , &c. case barrew against lew●lling . hob. rep . vid. stat. . e. . c. . e mich. . car. b. r. cuckowes case jones rep. f trin. . car. b. r. anonymus . jones . rep. g anonymus . latch . rep. h davies vers . gardner . poph. rep. vid. did . cas . coo. lib. . . ● . eliz. i . eliz. palmer and thorp's case . co. . par . . k hill. . eliz. rot. . b. r. pierce vers . howe leon. rep. l . eliz. b. r. ●ollard and his wife against armshaw . gold. . m mich. . car. b. r. dorothy brian vers . cockman . cro. rep. n trin. . car. person and his wife against g●oday . cro. rep. o pasch . . car. c. b. eaton vers . ayloff and his wife . cro. rep. p mich. . car. b. r. hollingsheads case . cro. rep. q mich. . car. b. r. cucko vers . starre . cro. rep. r hill. . car. b. r. gobbets case . cro. rep. par . . s mich. . car. rot . . dymmock vers . faweett . cro. rep. t pasch . . car. c. r. pew and his wife ver . jefferyes . cro. rep. u trin. . jac. c. b. winch. rep. x case parrett vers . carpenter . noy . rep. y thorne against alice du●ham . noy . rep. z case lewes against whitton . noy rep. a eaten and morris's case . hetley's rep. b sir christoph hod●man vers . john grisell . noy ' s rep. c hill. . jac. b. r. inter turnain and thorne per cur. & mich. , . eliz. b. r. butler and bartlett . adjudgd . d rep. . jac. b. adjudg . vid. rol. abr. pag. . nu . . e mich. . jac. b. inter simpson and water● per. cur. f hill . jac. b. per coke . g hill. . jac. per cu●iam adjudg . h h. . . b. per fitzherbert i mich. . car. inter lewes and whitley . per dederidge and jones contra whi●l●ok . k hill. . car. b. r. inter isles and cobbet per curiam . h mich. . jac. b r. motam vers . motam . rol. 〈◊〉 . coke . . palmer and thorps case . . el. f. . vid. the present state of eng. p. . vid. the charter of donation in ingulphus and other authors . pag. , . simonia est vox ecclesiastica , à simone illo mago deducta , qui donum spiritus sancti pecuniis emi pura vit . injustum est illa vendere , quae gratis distribui debent . c stat. . eliz. c. . d stat. ibid. e ibid. f kin. . . &c. h dict. st. eliz. universas promissiones & pactiones simoniacas penitus revocamus , & eas in posterum fieri districtius in hibemus . — constit . otho●on . cap. quia p●erumque i co. . inst . . k c● . . . l pasck . . jac. b. r. case fowles vers . lapthorne . vid. the pars . counsellor . par . . cap. . m mich. . and . eliz. b. r. case baker and roger , cro. el. . n case of the king and the bishop of norwich , cole and s●cker . cro. jac. . bulstr . . . o co. . inst . . cap. . p co. . . so was the opinion of all the judges of serjeants inn in fleetstreet . mich. jac. parsons cons . ubi supra . q hill. . jac. rot . . c. b. per graunt and bowdens case . r case smith vers . shelburne . more . cro. eliz. . s ibid. & infra eod . noy rep. t case sheldon vers . brett . winch. . u hob. . vid. parson's counsellor . par . . c. . w jac. case . jones and lawrence . cro. . . pars . couns . ibid. x co. inst . . noy . . a hill. . car. b. r. case babinglon vers . caleb wood. jones rep. b pasch . . car. b. r. todderidge vers . jone's rep. c per hob case winchcomb vers . pulleston . noy rep. d mich. . jac. b. r. case of the k. vers . bishop of norwich . rolls rep. e h. . . f trin. : jac. c. b. rot. . sir j● . paschal vers . clark. noy . rep● . g case winchcombe vers . vullesto● noy rep. h ibid. i adjudg . . and . eliz. 〈◊〉 & 〈◊〉 case . noy rep. k noy ibid. l jac. calvert vers . parkinson in cam. scaccar . noy rep. m mic. jac. b. r. case of the k. vers . bishop of norwich roll. n adjudg . in bakers case . vers . m●undford noy's rep. o e. of suffex case v●●ch'd by forster justice in dict . bakers case . noy . rep. p eliz. doctor hutchinsons case cited by warburton and hutton . noy rep. q dict. cas . winchcombe vers . pulleston . r ibid. s noy . winchcombs case . t dict . case of the king vers . the bishop of n●rwich . roll. rep. u cro. car. . w hob. . x pasch . jac. case of sir jo. bowse vers . wright . , , . y hob. ibid z hill. . eliz. c. b. smiths case . owens rep. a trin. . jac. in the exchequer . c●lvert against kitchin and parkinson . and kitchin against calvert . lanes rep. b glosse and pompoyes case vouched by damport in calverts case against kitchin . lanes rep. trin. . car. c. b. c the king against the arch-bishop of hetley's rep. d hall and blundells case hatley's rep. e fowlers case . ibid. f trin. . jac. c. b. rot . . sr. john paschall vers . noy's rep. g winch-combe against noy's rep. vid. dict cas . h gregory ? vers . olden . noy 's rep. masters of chancery , why so called . i luther vers . holland . noy 's rep. k parson letters case against nay's rep. l co. lit. . m winch-combs case . hob. rep . . n vid. bishops sparrow . collection of artic. &c. pag. . the oath of simony . penns case . brownl . rep. par . . o hill. . jac. b. r. sr. vvil. bovers case resolved . p pasch . . jac. b. r. lapthornes case . bath vers . potter rol. rep. par . . q hill. . jac. rot. . vvilson vers . bradshaw . rol. rep. r mich . & . eliz. b. r. baker and rogers case cro. par . . more . case . mich. . jac b. r. cro. par . . close's case . more 's rep. hill. . jac. b. r. bulsr . par . . pasch . . jac. b. r. bulstr . par . . pasch . . jac. b. r. booth and porters case . cro. par . . risby and wentworth's case . — cro. par . . trin . eliz . b. r. smith and shelbourne . cro. par . . vid. more . case . . mich. . car. b. r. bryte and mannings case . cro. par . . bulstr . ubi supra . co. inst . pa. . cap. . aug. tract . in johan . num. . king . a l. l. eccl. kenethi . l. . spelm. concil . an. . cor. . . tim. . . b hieron . epist . . q. . haeresis . lollards from lolium , darnel or tares . c co. p. . inst . c. . d by fleming chief justice , tanfield chief baron , williams , and coke justices . hill. . jac. e mat. hammond . eliz. holl . stow. . co. ubi supra . f h. . . & co. ubi sup . g mar. tit . haeresie . br. . co. ubi supr . h co. ubi supr . and mar. ubi supr . f. n. b. . hill. . jac. co. lib. . i coke lib. . case of heresie . an. . a. d. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. ●● . an. . an. . an. . an. . an. . an. . an. ● . an. . an. . an. . an . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an. . an . an. . an. . an. . a epiphan . origen . ambros . in luc. l. . damasc . de heres . suidas . b epiph. haer . . lyra. in act. . c burgens . addit . . in epist . jac. . . d serarius . e lyra. in acts. . f scalig. elench . c. . g philo. h plin. l. . c. . i joseph . de bell. jud. l. . c. . k scaliger . l joseph . de antiq. l. . c. . de bell. jud. l. . c. . m epiph. haer . . n philastrius . de haer . o epiph. haer . . p epiph. haer . . q scal. ele . c. . r scal. ad euseb . p. . s bridenb . t idem b●●●denb . v scal. elench . trib . serar . c. . w philastr . l. de haeres . x philastr . y id. philast . z epiph. haer. . a drus . de . sect. l. . b tert. praescrip . advers . haer. l. . dr. heyl. hist . eccl. de temp. ed. . p. . & . case edes vers . the b. of oxford , in vaughan's rep. & arg. * lawful : it must also be supposed to be received into use and practice . a sr. vaughan's rep. & arg. b co. inst . p. . ● . p. . c f. n. b. . b. co. inst . ● . sect. . h. . . h. . . h. . . co. inst . p. . ● . . d r. . c. . & . cow. inter. ver . proctors . q. trin. jac. convocation case . coke lib. . co. inst . p. . cap. . d n●wburgh , l. . c. . bract. l. . fo . , . h. . hol. . rot. par. ed. . nu . . & rot. par. h. . nu . f. n. b. . h. . c. . co. inst . pag. . cap. . e ed. . nu . . ed. . rot. par. . do. l. cla● . . ed. . nu . , . h. . . f int. l●ges 〈◊〉 an. . co. ubi supr . g bede hist . l. . c. . galfrid . l. . c. . h bede hist . lib. . cap. . i giral . cam. l. . hib. c. . & . k hoved. in h. . fo . . l gervasins . rog. hoved. m walsingh . in ypod. ranulph . cestr . l. . c. . h. . . newton . st. h. . c. . n bird vers . smith . mores rep. sudbury , l. chancellor , he was beheaded by the rebels of wat. tyler . arundel , lord chanc. chichley , cardinal . r h●yl . hist . verb. canterbury . national , are such as comprehend the provincials of every metro sitan or diocesan bishop within their own limits . at jerusalem , cent. . at ancyra , cent. . euseb . l. . c. . at bostra , cent. . ibid. cap . ibid. c. . id. lib. . c. . ibid. c. . ibid. cap. , , . at ancyra , cent. . an. . the first , at nice , an. , or . euseb . de vita constant . lib. . ruffin . l. . c. . at tyrus cent. . socrat. at gangra . an. . at antioch . at arles . at eliberis . at carthage . concil . to. . at antioch , an. , or . socrat. l. . c. . sozom l. . c. . at antioch . an. . at sardin , an. . vid. bish . prideaux synops . of councils . at sirmium , an. . dict . synops . vid. socrat. l. . c. . s●zom . l. . c. , & . epiph. haer. . at millain , an. . socrat. l. . c. . t●eed . l. . c. . at ariminum . an. . at selencia , an. . at constantinople . at antioch . at laodicea , an. . in illyricum , an. . at lampsacum . socrat. l. . c. . sozom. l. . c. . at rome . theod. l. . c. . at constantinop . an. . theod. l. . c. . longus ex lombard . ●em . d. . bonavent . & aliis . theod. hist . l. . c. . & c. . at constantinople . theod. l. . c. . at constantinople . at carthage . at nice , an. . at carthage , an. . can. . can. . at carthage , an. . can. , . . at cypru : alexandria . constantinople . at carthage , an. . at toledo . at melevitum . can. . at carthage an. . hist . magd. cent. . cap. . at daga●a , an. . at ephesus , an. . the mother of christ , not the mother of god. vid. liberat. in breviar . cap. . at ephesus . an . . vid. liberat. in breviar . cap. . evang. l. c. . . niceph. l. . c. . at berytus . at agatha , at chalcedon , an. . at ravenna , cent. . at valentia . at sidon . at orleance at gerunda , at caesarangusta . at rome , cent. . at c●stent . cent. . at toldo , cent. . at constantinople , an. ● vid. niceph. l. . c. . gregor . l. . ep. . evag. l. . d. liberat. in brev. c. , ● . kin. . at orlean . at overnie . at tours . at paris . at toledo . at constantinople . hist . magd. cent. . cap. . at matiscon . can . at matiscon . can. . . at rome . an. . at rome , an. . at b●acara , an. . at auxerre , an. . at hispalis , an. . at toledo , an. . at toledo . at rome , an. . at toledo , an. ● . at toledo , an. ● . at quinisext , a● . . † trullo , that is , a vaulted cloister in the emperours palace . at chabillanum , or chalon . at rome . at toledo , an. . at toledo . an. . at toledo , an. . at bracara . at bracara . at constantinople . an. . at toledo . at london , an. . at constantinop . an. . at rome , an. . at rome . in france , an. . at constantinople , an. . an. . bell. de council . l. . c. . vid. paul. diac . l. , . re●um rom. & zonar . in annal. at francfurt , an. . at nice , . at frankford , an. . at mentz , an. . at rhemes . an. . at tours , an. . at chalons , an. . at arles , . at constantinople , an. . at accinicum . at strasburgh , an. . at ravenna , an. . at rhemes . at rome . at canterbury . an. . a constantinople . at rhemes , an. . at arles , an. . at halingnustat , an. . at triburia , an. . at sutrium , an. . at rome , an. . at vercellis , an. . at tours , an. . at rome , an. . at millan , an. . at mantua , an. . at winchester . at friburgh , or tribu●ia . at mentz . an. . at erfurd , an. . at mentz , an. . at wormes . at friburgh , an. . at rome . at brixia , an. . at rome , an. . at beneventum . at clermont . an. . at paris , the th century . ●● . florence , an. . at london , an. . at mentz , . at troyes , an. . at triburia , an. . at senon . . laleran , an. . . lateran , an. . . lateran . . lateran . at papia , an. . at rome , an. . at rome , an. . . at lions , an. . . at lions . at vienna . an. . antonin . hist . par. . titat . . ●lem . l. . tit. . gal. l. . . lateran , an. . vid. prideaux his synopf . of councils . edit . . oxon. . at pisa , an. . part. tit. . c. sect . , . . at fisa . at constance , an , . at basil , an. . at florence , an. . at trent , an. . an. . h. . c. . a . quest . . cap. nihil . in jur. can. b matt. . . cor. . , . thess . . . rom. . . gal. . . cor. . . c bez. annot . in cor. . . d calv. com. ibid. & buxtorf . lexic . old n. p. . . b. b f. n. b. fo . . stat. . eliz. c. . orig. reg. writs , fo . , . c dict . st. . el. . old n. b. . a. d f. n. b. fo . . reg of writs , fo . . e rep. of writs 〈◊〉 f c●n. . . g hill. car. b. r. hughes vers . bendy . jones rep. h viner against eaton . hetley : rep. i bro● no case . latch . rep. k h. . . l ibid. adjudg'd . m h. . . b. n h. . . o h. . . p contra h. . . q ja. starling , cas . rol. abr. ver . excommunication . excom . cap. incertainty . hill. jac. b. r. fox his case . rol. rep. co. . trelleps case . jac. trin. car. b. r. hughe , case . cro. par . . trin. car. b. r. the king and rodmans cas . cro. par . . 〈◊〉 c. mores rep. l. 〈◊〉 and edwards case . more . ibid. 〈…〉 case . mores rep. more 's ibid. mich. jac. co. lib. . co. ibid. a an. ed. . an. ed. . c. . b h. . fo . . edw. . fitz. prohib . , , . c h. . fo . . h. . fo . ● . e. . . regist . fo . , . v. n. b. fo . . f. n. b. fo . . . regist . fo . . coke pl. fo . d regist . fo . ● , . f. n. b. fo . , . a. rest . pl. f. . e regist . fo . , . f. n. b. fo . . ● , . ● , ra●● . pl. fo . , &c. co. lib. . fo . . bro. asur case , . f rast . pl. . coke lib. . fo . . g eliz. . regist . . v ● . b fo . , . f. n. b. fo . 〈◊〉 , &c. ed. . fo . . co. lib. . fo . . h regist . fo . . i regist . fo . . . f. n. b. fo . , . a. st. h. . . k note , this was repealed by jac. . & jac. . l rast . pl. . st. ed. . . m regist . fo . . f. n. b. fo . . i. rast . pl. . coke lib. . fo . . dyer fo . . n st. ed. . . o note , this is also repealed by the statute of jac. . & jac. . ed. . p note , this is repealed by the stat. ed. . . q st. ed. . . regist . fo . . s. . ed. . . . sess . r f. n. b. fo . . b. an. . st. . eliz. c. . where the penalty for maintaining of doctrine against the articles , is deprivation . s vid. dyer . . eliz. . & l. . f. . in green's case t per wray . b. r. pasch . . eliz. smith's case . vid. co. inst . p. . c. . verb. subscriptions . v co. l. . f. . & l. . f. . & inst . par . . f. . w reg. f. . f. n. b. f. . c. . h. v. n. b. f. . rast . pla . . h. . f. . h. . f. . fitz. consultat . , , . . x reg. f. . v. n. b. f. . f. n. b. f. . a. a vid. bract. l. . tract . . reg. orig. f. . & f. n. b. f. . b terms of law verb. quare imp. c ibid. d h. . . f. n. b. . f. mich. . jac. rot . . colt and glover vers . bishop of coventry and lichfield . hob. rep. e mich. . jac. rot . . c. b. william st. andrewes vers . archbishop of york & alios . hob. rep. f vid. bract. l . tract . . r. . & seq . britton . c. . g old n. b. f. . bract. l. . tract . . c. . brit. c. . f. n. b. f. . reg. orig. f. . & westm . . c. . h trin. . el. c. b. smalwood , case . leon. rep. i st. w. . & in dict . c. k st. . ed. . c. . & fitz. dar. pres . l stat. ib. fitz. dammage . . . . . . fitz. q. imp. . . dy. f. . . . kel . f. . fitz. en. . co. l. . f. . l. . f. . in broke-byes case el. it was resolved , that an executor shall have a q. imp for a disturbance made in vita testatris , if the avoidance be a chattel rested . m st. h. . . n sr. . ed. l. c. . o pasch . . jac. e. of bedford vers . the bishop of exiter . p reg. orig. fo . . f. n. b. fo . . q f. n. b. fo . . reg. orig. fo . , . r reg. orig. fo . b vid. old. n. b. fo . . and the reg. fo . . and brit. c. . tit . a. s terms law. verb. indicavit . t reg. orig. fo . . b. upon a ne admittas tried and found for , &c. u reg. o. rig . fo . . a. f. n. b. fo . . w reg. of writs fo . b. x reg. of writ . p. . f. n. b. f. . & f. n b . vid. roll. abr. f. . y ib. f. . a. z ib. f. . a ib. f. . a. b reg. or. f. , & ● . & f. n. b. f. . c reg. o●ig . f. . d ib. f. . quare imp. d●rrein presentment . e mich. . jac. c b. rot . . n y. rep. in a qua. impedit the plaintiff must alledge a presentation in himself , or in those under whom he claims ; and so must the defendant . — sr. jo. tufton vers . sir ric. temple . vaugh. rep. f lister against crameel . noy 's rep. g m. . jac. b. r. inter whistler and singleton . resolv'd per cur. — rol. abr. verb. presentment . lit . q. nu . . h m . jac. b. r. inter fairbank and durrham . i co. lit. . k h. . qua . imp . . per cur. l e. . qua . ●mp . . h. . qua . imp . . admit . m . e. . . b. n h. . . b. o e. . . p e. . . q term. law. verb. quare impedit . r e. . . h. . . b. s e. . . h. . . e. . . b. t . e. . . com. hares & bickley , . u h. . . b. per moyle . w h. . . b. per pr●sot . x h. . . per b●tan . but reble contra . & contra h. . . b. per danby . and drs. and h. . . per prisot . y e. . . b. per curtam . h. . . b. per reble . and h. . . per mark. z rol. abr. ver. presentment . lit . p. pag. . a h. . . . h . . b h. . . c h. . . b. per prisot . h. . . d h. . . b. e ibid. per prisot . f h. . . . roll●ubi supra . g h. . . per curiam . h f. n. b. spoliation . fo . . b. vid. cas● edes vers . the bishop of oxford . in vaugh. rep. i h. . f. . br. spoliation pl. . o. n. b. . b. f. n. b. . finch . nomotexnia . p. . bird and smiths case more 's rep. roberts and amond shams case . more 's rep. mich. . jac. b. r. the kings case against zakar bulst . par . . f. n. b. . b. finch . ubi sup . p. . stamf. . cap. . sect . . in fin . sect . pag. . constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the respective provinces of canterbury and york, and the rest of the bishops and clergie of those provinces; and agreed upon with the kings majesties licence in their severall synods begun at london and york. ... constitutions and canons ecclesiastical church of england. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the respective provinces of canterbury and york, and the rest of the bishops and clergie of those provinces; and agreed upon with the kings majesties licence in their severall synods begun at london and york. ... constitutions and canons ecclesiastical church of england. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], , [ ] p. printed by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, london : . signatures: a-g⁴. the first leaf is blank except for signature-mark "a" in a mortised ornament. quire b is in two settings: b v line has ( ) "fidelitie" or ( ) "fidelity". quire c inner forme is in two impositions: c v has catchword ( ) "and" or ( ) "they". reproductions of the originals in the union theological seminary (new york, n.y.). library and the british library (thomason tracts). eng church of england -- government -- early works to . ecclesiastical law -- great britain -- early works to . a r (stc ). civilwar no constitutions and canons ecclesiasticall; treated upon by the archbishops of canterbury and york, presidents of the convocations for the res church of england f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion constitutions and canons ecclesiasticall ; treated upon by the archbishops of canterbury and york , presidents of the convocations for the respective provinces of canterbury and york , and the rest of the bishops and clergie of those provinces ; and agreed upon with the kings majesties license in their severall synods begun at london and york . . in the yeer of the reign of our soveraign lord charles , by the grace of god , king of england , scotland , france , and ireland , the sixteenth . and now published for the due observation of them , by his majesties authority under the great seal of england . london : printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . charles , by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas our bishops , deanes of our cathedrall churches , arch-deacons , chapters and colledges , and the other clergie of every diocesse within the severall provinces of canterburie and yorke , being respectively summoned and called by vertue of our severall writs to the most reverend father in god , our right trustie , and right welbeloved counceller , william , by divine providence , lord arch-bishop of canterburie , primate of all england , and metropolitan , and to the most reverend father in god , our right trustie and welbeloved counceller : richard , by divine providence , lord arch-bishop of york , primate and metropolitan of england respectively directed , bearing date the twentieth day of februarie , in the fifteenth yeer of our reign , to appear before the said lord arch-bishop of canterburie in our cathedrall church of s. paul in london , and before the said lord arch-bishop of york , in the metropolitan church of s. peter in york the fourteenth day of april then next ensuing , or elswhere , as they respectively should think it most convenient● to treat , consent and conclude , ●pon certain difficult and urgent affairs contained in the said writs ; did thereupon at the time appointed , and within the cathedrall church of s. paul , and the metropolitan church of s. peter aforesaid , assemble themselves respectively together , and appear in severall convocations for that purpose , according to the said severall writs , before the said lord arch-bishop of canterburie , and the said lord arch-bishop of york respectively . and forasmuch as we are given to understand , that many of our subjects being misled against the rites and ceremonies now used in the church of england , have lately taken offence at the same , upon an unjust supposall , that they are not onely contrary to our laws , but also introductive unto popish superstitions , whereas it well appeareth unto vs upon mature consideration , that the said rites and ceremonies which are now so much quarrelled at , were not onely approved of , and used by those learned and godly divines , to whom at the time of reformation under king edward the sixth , the compiling of the book of common prayer was committed divers of which suffered martyrdome in queen maries dayes ) but also again taken up by this whole church under queen elizabeth , and so duely and ordinarily practised for a great part of her reign ( within the memory of divers yet living ) as that it could not then be imagined that there would need any rule or law for the observation of the same , or that they could be thought to savour of popery . and albeit since those times , for want of an expresse rule therein , and by subtile practises , the said rites and ceremonies began to fall into disuse , and in place thereof , other forrain and unfitting usages by little and little to creep in ; yet forasmuch as in our own royall chappels , and in many other churches , most of them have been ever constantly used and observed , we cannot now but be very sensible of this matter , and have cause to conceive that the authors and fomentors of these jealousies , though they colour the same with a pretence of zeal , and would seem to strike onely at some supposed iniquity in the said ceremonies ; yet , as we have cause to fear , ayme at our own royall person , and would fain have our good subjects imagine that we our self are perverted , and do worship god in a superstitious way , and that we intend to bring in some alteration of the religion here established . now how far we are from that , and how utterly we detest every thought therefore , we have by many publike declarations , and otherwise upon sundry occasions , given such assurance to the world , as that from thence we also assure our self , that no man of wisdom and discretion could ever be so beguiled as to give any serious entertainment to such brain-sick jealousies ; and for the weaker sort , who are prone to be misled by cr●fty seducers , we rest no lesse confident , that even of them , as many as are of loyall , or indeed but of charitable hearts , will from henceforth utterly banish all such causlesse fears and surmises , upon these our sacred professions , so often made by vs , a christian defender of the faith , their king , and soveraign . and therefore if yet any person , under whatsoever mask of zeal or counterfeit holinesse , shall henceforth by speech or writing , or any other way ( notwithstanding these our right , hearty , faithfull , and solemn protestations made before him , whose deputy we are against all and every intention of any popish innovation ) be so ungracious and presumptuous as to vent any poisoned conceits , tending to such a purpose , and to cast these devilish aspersions and jealousies upon our royall and godly proceedings , we require all our loyall subjects , that they forthwith make the same known to some magistrate , ecclesiasticall or civill ; and we straightly charge all ordinaries , and every other person in any authority under vs , as they will answer the contrary at their utmost perill , that they use no palliation , connivence , or delay therein ; but that taking particular information of all the passages , they do forthwith certifie the same unto our court of commission for causes ecclesiasticall , to be there examined , and proceeded in with all fidelity and tendernesse of our royall majestie , as is due to vs their soveraigne lord and governour : but forasmuch as we well perceive that the misleaders of our well minded people , do make the more advantage for the nourishing of this distemper among them from hence , that the foresaid rites and ceremonies , or some of them , are now insisted upon but onely in some diocesses , and are not generally revived in all places , nor constantly and uniformly practised thorowout all the churches of our realm , and thereupon have been lyable to be quarrelled and opposed by t●em who use them not ; we therefore out of our princely inclination to vniformity and peace , in matters especially that concern the holy worship of god , proposing to our self herein the pious examples of king edward the sixth , and of queen elizabeth , who sent forth injunctions , and orders about the divine service , and other ecclesiasticall matters , and of our dear father of blessed memory , king james , who published a book of constitutions and canons ecclesiasticall ; and ( according to the act of parliament in this behalf ) having fully advised herein with our metropolitan , and with our commissioners authorised under our great seal for causes ecclesiasticall , have thought good to give them free leave to treat in convocation , and agree upon certain other canons necessary for the advancement of gods glory , the edifying of his holy church , and the due reverence of his blessed mysteries and sacraments : that as we ●ver have been , and by gods assistance ( by whom alone we reign ) shall ever so continue carefull and ready to cut off superstition with one hand , so we may no lesse expell irr●verence and profanenesse with the other , whereby it may please almighty god , so to blesse vs , and this church committed to our government , that it may at once return unto the true former splendour of vniformity , devotion , and holy order , the luster whereof for some yeers by past hath been overmuch obscured , through the devices of some ill affected to that sacred order , wherein it had long stood from the very beginning of the reformation , and through inadvertencie of some in authority in the church under vs : we therefore by vertue of our prerogative royall , and supream authority in causes ecclesiasticall , by our severall and respective letters patents under our great seal of england , dated the fifteenth day of aprill now last past , and the twelfth day of may then next following , for the province of canterbury ; and by our like letters patents dated the seven and twentieth day of the same m●neth of aprill , and the twentieth day of the moneth of may aforesaid , for the province of york , did give and grant , full , free , and lawfull libertie , licence , power and authoritie unto the said lord arch-bishop of canterbury , president of the said convocation , for the province of canterbury , and unto the said lord arch-bishop of york , president of the said convocation for the province of york , and to the rest of the bishops of the said provinces , and unto all deanes of cathedrall churches , arch-deacons , chapters and colledges , and the whole clergie of every severall diocesse , within the said severall provinces , and either of them , that they should and might from time to time , during the present parliament , and further during our will and pleasure , conferre , treat , debate , consider , consult , and agree of and upon canons , orders , ordinances , and constitutions , as they should think necessary , fit , and convenient for the honour and service of almighty god , the good and quiet of the church , and the better government thereof , to be from time to time observed , performed , fulfilled , and kept , as well by the said arch bishop of canterbury , and the said arch-bishop of york , the bishops , and their successours , and the rest of the whole clergie of the said severall provinces of canterbury and york , in their severall callings , offices , functions , ministeries , degrees , and administrations ; as by all and every dean of the arches , and other judges of the said severall arch-bishops , of courts guardians of spiritualties , chancellours , deanes and chapters , arch-deacons , commissaries , officials , registers , and all and every other ecclesiasticall officers , and their inferiour ministers whatsoever , of the same respective provinces of canterbury and york , in their , and every of their distinct courts , and in the order and manner of their , and every of their proceedings , and by all other persons within this realm , as farre as lawfully being members of the church it may concern them , as in our said letters patents amongst other clauses more at large doth appear . now forasmuch as the said lord arch-bishop of canterbury , president of the said convocation for the province of canterbury , and the said arch-bishop of york , president of said convocation for the province of york , and others the said bishops , deans , arch-deacons , chapters and colledges , with the rest of the clergie , having met together respectively , at the time and places before mentioned respectively , and then and there , by vertue of our said authority granted unto them , treated of , concluded , and agreed upon certain canons , orders , ordinances , and constitutions , to the end and purpose of vs limited and prescribed unto them , and have thereupon offered and presented the same unto vs , most humbly desiring vs to give our royall assent unto the same , according to the form of a certain statute or act of parliament made in that behalf in the th . yeer of the reign of king henry the eighth , and by our said prerogative royall and supream authority in causes ecclesiasticall , to ratifie by our letters patents under our great seal of england , and to confirm the same , the title and tenour of them being word for word as ensueth . constitutions and canons ecclesiasticall , treated upon by the archbishops of canterbury and york , presidents of the convocations for the respective provinces of canterbury and york , and the rest of the bishops and clergie of those provinces : and agreed upon with the kings majesties licence in their severall synods begun at london and york . in the yeer of the reign of our soveraign lord , charles , by the grace of god , king of england , scotland , france , and ireland , and sixteenth . i. concerning the regall power . whereas sundry lawes , ordinances , and constitutions have been formerly made for the acknowledgment and profession of the most lawfull and independent authority of our dread soveraign lord , the kings most excellent majestie , over the state ecclesiasticall and civil : we ( as our dutie in the first place bindes us , and so far as to us appertaineth ) enjoyn them all to be carefully observed by all persons whom they concern , upon the penalties in the said laws and const●tutions expressed . and for the ●uller and clearer instruction and information of all christian people within this realm in their duties in this particular ; we do further ordain and decree , that every parson , vicar , curate , or preacher upon some one sunday in every quarter of the yeer at morning prayer , shall in the place where he serves , treatably , and audibly read these explanations of the regall power here inserted . the most high and sacred order of kings is of divine right , being the ordinance of god himself , founded in the prime laws of nature , and clearly established by expresse texts both of the old and new testaments . a supream power is given to this most excellent order by god himself in the scriptures , which is , that kings should rule and command in their severall dominions all persons of what rank or estate soever , whether ecclesiasticall or civill , and that they should restrain and punish with the temporall sword all stubborn and wicked doers . the care of gods church is so committed to kings in the scripture that they are commend●d when the church keeps the right way , and taxed when it runs amisse , and therefore her government belongs in chief unto kings : for oth●rwise one man would be commended for anothers care , and taxed but for anothers negligence , which is not gods way . the power to call and dissolve councels both nationall and provincial is the true right of all christian kings within their own realms or territories : and when in the first times of christs church , prelates used this power , 't was therefore onely because in those dayes they had no christian kings : and it was then so onely used as in times of persecution , that is , with supposition ( in case it were requir●d ) of submitting their very lives unto the very laws and commands even of those pagan princes , that they might not so much as seem to disturb their civill government , which christ came to confirm , but by no means to undermine . for any person or persons to set up , maintain , or avow in any their said realms or territories respectively , under any pretence whatsoever , any independent coactive power , either papall or popular ( whether directly or indirectly ) is to undermine their great royall office , and cunningly to overthrow that most sacred ordinance , which god himself hath established : and so is treasonable against god , as well as against the king . for subjects to bear arms against their kings , offensive or defensive , upon any pretence whatsoever , is 〈◊〉 the least to resist the powers , which are ordained of god : and though they do not inv●de , but onely resist , st. paul tels them plainly , th●y shall receive to themselves damnation . and although tribute , and custome , and aide , and subsidie , and all manner of necessary support and s●pply , be respectively due to kings from their subjects by the law of god , nature , and nations , for the publike defence , care and protection of them : yet n●verthelesse , subjects have not onely possession of , but a true and just right , title and propertie , to , and in all their goods and estates , and ought so to have : and these two are so far from ●rossing one another , that they mutually go together , for the honourable and comfortable support of both . for as it is the dutie of the subjects to supply their king : so is it part of the kingly office to support his subjects in the property and freedom of their estates . and if any parson , vicar , curate , or preacher shall voluntarily or carelesly neglect his duty in publishing the said explications and conclusions , according to the order above prescribed , he shall be suspended by his ordinary , till such time as upon his penitence he shall give sufficient assurance , or evidence of his amendment ; and in case he be of any exempt jurisdiction , he shall be censurable by his majesties commissioners for causes ecclesiasticall . and we do also hereby require all archbishops , bishops , and all other inferiour pries●s and ministers , that they preach , teach , and exhort their people to obey , honour , and serve their king ; and that they presume not to speak of his majesties power in any other way then in this canon is expressed . and if any parson , vicar , curate , preacher , or any other ecclesiasticall person whatsoever , any deane , canon , or prebendarie of any collegiate or cathedrall church , any member or student of colledge or hall , or any reader of divinity , or humanity in either of the universities , or elswhere , shall in any sermon , lecture , common place , determination , or disputation either by word or writing , publikely maintain or abett any position or conclusion , in opposition or impeachment of the aforesaid explications , or any part or article of them , he shall forthwith by the power of his majesties commissioners for causes ecclesiasticall , be excommunicated till he repent , and suspended two yeers from all the profits of his benefice , or other ecclesiasticall , academicall , or scholasticall preferments : and if he so offend a second time , he shal be deprived from all his spirituall promotions , of what nature or degree soever they be . provided alwayes , that if the offence aforesaid be given in either of the universities , by men not having any benefice or ecclesiasticall preferment , that then the delinquent shall be censured by the ordinary authority in such cases of that university respectively , where the said fault shall be committed . ii. for the better keeping of the day of his majesties most happy inauguration . the synode taking into consideration the most inestimable benefits which this church enjoyeth , under the peaceable and blessed government of our dread sovereign lord , king charles ; and finding that aswell the godly christian emperours in the former times , as our own most religious princes since the reformation , have caused the dayes of their inaugurations to be publikely celebrated by all their subjects , with pray●rs and thanksgiving to almighty god ; and that there is a particular form of prayer appointed by authority for that day and purpose ; and yet with all considering how negligent some people are in the observance of this day , in many places of this kingdom● doth therefore decree and ordain , that all manner of persons within the church of englan● , shall from henceforth celebrate , and keep the morning of the said day , in coming diligently and reverently unto their parish church or chapp●ll at the time of prayer , and there continuing all the while , that the prayers , preaching , or other service of the day endureth ; in testimony of their humble gratitude to god for so great a blessing , and dutifull affections to so benigne and mercifull a sovereign . and for the better execution of this our ordinance , the holy synode doth straitly require and charge , and by authority hereof enableth all archbishops , bishops , d●anes , deanes and chapters , arch-deacons , and other ecclesiasticall persons , having exempt or peculiar jurisdiction ; as also all , chancellors , commissaries , and officialls in the church of england , that they enquire into the keeping of the same in their visitations , and punish such as they shall finde to be delinquent , ●ccording as by law they are to censure , and punish those who wilfully absent themselves from church on holy-dayes . and that the said day may be the better observed , we do enjoyn , that all church-wardens shall provide at the parish charge , two of those books at least , appointed for that day , and if there be any want of the said book in any parish , they shall present the same at all visitations respectively . iii. for suppressing of the growth of popery . all and every eccl●siasticall persons , of what rank● or condition soever , arch-bishops , and bishops , deanes , arch deacons , all having exempt or p●culiar jurisdiction , with their severall chancellours , commissaries , and officials , all p●rsons intrusted with cure of soules , shall us● r●spectiv●ly all possible car● and di●igence by conferring privately with the parties , and by ●ensures of the church in inferiour and higher courts , as also by complaints unto the s●cular power , to reduce all such to the church of england , who are misl●d into popish superstition . and first these private conferences shall be performed in each severall diocesse , either by the bishop in person , if his occasion will permit it , or by some one or mor● learned ministers at his speciall appointment , and the said bishop shall also designe the time and place of the said severall conferenc●s , and all such persons as shall be present ther●at● which if recusants refuse to observe , they shall be taken for obstinate , and so certified to the bishop . and if the said ti●e and place be not observed by the minister or ministers so appointed , they shall be suspended by their ordinary for the space of six moneths , without a very reasonable cause alleadged to the contrary . provided that they be not ●ent above ten miles from their dwelling . if the said conferences prevail not , the church must and shall come to her censures , and to make way for them , the said ecclesi●sticall persons shall carefully inform themselves in the places belonging to their severall charges , of all recusants above the age of twelve yeers , both of such as come not at all to church , as also of those who coming sometimes thither , do yet refuse to receive the holy eucharist with us , as likewise of all those , who shall either say , or hear masse : and they shall in a more especiall manner enquire o●t all those , who are ●ither dangerously active to seduce any persons from the communion of the church of england , o● s●ditiously busie to disswade his majesties subjects from taking the oath of allegiance , together with all them who abused by their sophistry , refuse to take the said oath . and we straigh●ly command all parsons , vi●ars , and curates , that they carefully , and severally present at all visitations , the names and surnam●s of the delinquents of these severall kindes in their own parishes , unde● pain of suspension for s●● moneths . and likewise we straightly enjoyn all church-wardens and the like sworn offic●rs whatsoever , ●hat by vertue o● their o●thes , they shall present at the said visitations the names of such persons , whom they know or hear of , or justly suspect to be delinq●ent , in all or any of these particulars , and that under the pains of the highest censures of the church : that so these delinquents may be legally cited , and being ●ound obstinate , they shall be excommun●cated , and such excommunication shall be pronounced both in the cathedrall church of the diocesse , and in the severall parishes where such recusants live , and every third moneth they shall be again publikely repeated in the places aforesaid , that all may take notice of those sentenc●s . and because there are places which either have , or pretend to have exemptions , in which such delinquents do usually affect to make their aboad ; therefore we enjoyn , that all bishops shall within their severall diocesses , send unto such places one or more of their chaplains , or some of their officers whom they may relie on , to make strict inquiry after o●f●nders in those kindes , who diligently returning their information accordingly , the said bishop shall certifie such informations to his metropolitan , that the aforesaid proceedings may forthwith issue from some higher courts in these cases , whereof by reason of the said exemptions the inf●riour courts can take no cognisance● bu● if neith●r conf●rring nor censures will prevail with such persons , the church hath no way left but complaints to the secular power ; and for them we s●●aitly enjoyn , that all deanes and arch-deacons , and all having inferiour or exempt jurisdiction , shall every yeare within sixe moneths after any visitation by them holden , make certificate unto their severall bishops , or archbishop , ( if it be within his diocesse ) under their seale of office , of all such persons who have been presented unto them as aforesaid , under pain of suspension from their said jurisdictions by the space of one whole yeare . and we in like manner enjoyne all archbishops and bishops , that once every yeare at the least , they certifie under their episcopall seale in parchment , unto the justices of assise of every county in the circuits and within their diocesses respectively , the names and sirnames not onely of those who have been presented unto them from the said deanes , archdeacons , &c. but of those also who upon the oathes of church-wardens and other sworne men at their visitations , or upon the information of ministers imployed in the said conferences , have been presented unto them , that so the said intended proceedings may have the more speedy and the more generall successe . in particular , it shall be carefully inquired into at all visitations under the oathes of the church-wardens and other sworne men , what recusants or popish persons have been either married or buryed , or have had their children baptized otherwise then according unto the rules and formes established in the church of england ; and the names of such delinquents ( if they can learne them , or otherwise such names as for the time they carry ) shall be as aforesaid given up to the bishop , who shall present them to the justices of assise , to bee punished according to the statutes . and for the education of recusants children , since by canon already established , no man can teach schoole , ( no not in any private house ) except hee bee allowed by the ordinary of the place , and withall have subscribed to the articles of religion established in the church of england ; we therefore straightly enjoyne , that forthwith at all visitations there bee diligent enquiry made by the churchwardens or other sworne ecclesiasticall officers of each parish , under their oathes , who are imployed , as schoole-masters to the children of recusants ; and that their severall names be presented to the bishop of the diocesse , who citing the said schoole-masters shall make diligent search whether they have subscribed or no ; and if they or any of them bee found to refuse subscription , they shall bee forbidden to teach hereafter , and censured for their former presumption ; and withall the names of him or them that entertaine such a schoole-master , shall be certified to the bishop of the diocesse , who shall at the next assise present them to the judges to bee proceeded against according to the statutes . and if they subscribe , enquiry shall be made what care they take for the instruction of the said children in the catechisme established in the book of common prayer . and all ordinaries shall censure those whom they finde negligent in the said instruction ; and if it shall appeare , that the parents of the said children doe forbid such schoole-masters to bring them up in the doctrine of the church of england , they shall notwithstanding doe their duty ; and if thereupon the said parents shall take away their children , the said schoole-masters shall forthwith give up their names unto the bishop of the diocesse , who shall take care to returne them to the justices of assise in manner and forme aforesaid . and because some may cunningly elude this decree , by sending their children to bee bred beyond the seas , therefore wee ordaine that the church-wardens and other sworne ecclesiasticall officers shall likewise make carefull enquiry , and give in upon their oathes at all visitations , the names of such recusants children , who are so sent beyond the seas to be bred there , or whom they probably suspect to bee so sent : which names as aforesaid shall be given up to the bishop , and from him returned to the judges as aforesaid , that their parents , who so send ●hem , may be punished according to law . provided alwayes that this canon shall not take away or derogate from any power or authority already given or established by any other canon now in force . and all the said complaints or certificates shall be presented up to the judges in their severall circuits by the bishops register , or some other of his deputies immediately after the publishing of his majesties commission , or at the end of the charge , which shall bee then given by the judge . and this upon paine of suspension for three moneths . this sacred synode doth earnestly intreat the said reverend justices of assise , to bee carefull in the execution of the said lawes committed to their trust , as they will answer to god for the daily encrease of this grosse kinde of superstition . and further , we doe also exhort all judges , whether ecclesiastical or tempo●all upon the like accompt , that they would not admit in any of their courts any vexatious complaint , suit or suits , or presentments against any minister , churchwardens , questmen , sidemen , or other church-officers for the making of any such presentments . and lastly , we enjoyne that every bishop shall once in every yeare send into his majesties high court of chancery , a significavit of the names and sirnames of all such recusants who have stood excommunicated beyond the time limited by the law , and shall desire that the writ de excommunicato cap●endo might bee at once sent out against them all ex officio . and for the better execution of this decree , this present synode doth most humbly beseech his most sacred majesty , that the officers of the said high court of chancery , whom it shall concerne , may bee commanded to send out the aforesaid writ from time to time as is desired , for that it would much exhaust the particular estates of the ordinaries , to sue out severall writs at their owne charge . and that the like command also may be laid upon the sheriffes and their deputies , for the due and faithfull execution of the said writs , as often as they shall be brought unto them . and to the end that this canon may take the better and speedier effect , and not to be deluded or delayed ; we further decree and ordaine , that no popish recusant , who shall persist in the said sentence of excommunication , beyond the time prescribed by law , shall be absolved by vertue of any appeale in any ecclesiasticall court , unlesse the said partie shall first in his or her owne person , and not by a proctor , take the usuall oath de parendo iuri , & stando mandatis ecclesiae . iv. against socinianisme . whereas much mischiefe is already done in the church of god by the spreading of the damnable and cursed heresie of socinianisme , as being a complication of many ancient heresies condemned by the foure first generall councels , and contrariant to the articles of religion now established in the church of england : and whereas it is too apparent that the said wicked and blasphemous errours are unhappily dilated by the frequent divulgation and dispersion of dangerous books written in favour and furtherance of the same , whereby many , especially of the younger or unsetled sort of people , may be poysoned and infected : it is therefore decreed by this present synode , that no stationer , printer , or importer of the said books , or any other person whatsoever , shall print , buy , sell , or disperse any booke , broaching or maintaining of the said abominable doctrine or positions , upon paine of excommunication ipso facto to be thereupon incurred : and wee require all ordinaries upon paine of the censures of the church , that beside the excommunication aforesaid , they doe certifie their names and offences under their episcopall seale to the metropolitan , by him to be delivered to his majesties attorney generall for the time being , to be proceeded withall according to the late decree , in the honourable court of star-chamber , against spreaders of prohibited books . and that no preacher shall presume to vent any such doctrine in any sermon under paine of excommunication for the first offence , and deprivation for the second . and that no student in either of the universities of this land , nor any person in holy orders , ( excepting graduates in divinity , or such as have episcopall or archidiaconall jurisdiction , or doctors of law in holy orders ) shall be suffered to have or reade any such socinian booke or discourse , under paine ( if the offender live in the university ) that he shal be punished according to the strictest statutes provided there against the publishing , reading , or maintaining of false doctrine ; or if he live in the city or country abroad , of a suspension for the first offence , and excommunication for the second , and deprivation for the third , unlesse he will absolutely and in terminis abjure the same . and if any lay-man shall be seduced into this opinion , and be convicted of it , he shall be excommunicated , and not absolved but upon due repentance and abjuration , and that before the metropolitane , or his owne bishop at the least . and wee likewise enjoyne , that such bookes , if they be found in any prohibited hand , shall be immediately burned : and that there be a diligent search made by the appointment of the ordinary after all such books , in what hands soever , except they be now in the hands of any graduate in divinity , and such as have episcopall or archidiaconall jurisdiction , or any doctor of lawes in holy orders as aforesaid ; and that all who now have them , except before excepted , be strictly commanded to bring in the said books , in the universities to the vice-chancellors , and out of the universities to the bishops , who shall returne them to such whom they dare trust with the reading of the said books , and shall cause the rest to be burned . and we farther enjoyne , that diligent enquiry be made after all such that shall maintaine and defend the aforesaid socinianisme , and when any such shall be detected , that they be complained of to the severall bishops respectively , who are required by this synode to represse them from any such propagation of the aforesaid wicked and detestable opinions . v. against sectaries . vvhereas there is a provision now made by a canon for the suppressing of poperie and the growth thereof by subjecting all popish recusants to the greatest severitie of ecclesiasticall censures in that behalfe : this present synode well knowing that there are other sects which indeavour the subversion both of the doctrine and discipline of the church of england no lesse then papists doe , although by another way ; for the preventing thereof doth hereby decree and ordain , that all those proceedings and penalties which are mentioned in the aforesaid canon against popish recusants as far as they shall be appliable , shall stand in full force and vigour against all anabaptists , brownists , separatists , familists , or other sect or sects , person or persons whatsoever , who do or shall , either obstinately refuse , or ordinarily , not having a lawfull impediment ( that is , for the space of a moneth ) neglect to repair to their parish churches or chappels where they inhabit , for the hearing of divine service established , and receiving of the holy communion , according to law . and we do also further decree and ordain , that the clause contained in the canon now made by this synod against the books of socinianisme , shall also extend to the makers , importers , printers , and publishers , or dispersers of any book , writing , or scandalous pamphlet devised against the discipline and government of the church of england , and unto the maintainers and abettors of any opinion or doctrine against the same . and further , because there are sprung up among us a sort of factious people , despisers and depravers of the book of common prayer , who do not according to the law resort to their parish church or chappel , to joyn in the publique prayers , service , and worship of god with the congregation , contenting themselves with the hearing of sermons onely , thinking thereby to avoid the penalties due to such as wholly absent themselves from the church . we therefore for the restraint of all such wilfull contemners or neglecters of the service of god , do ordain that the church or chappell wardens , and questmen , or sidemen of every parish , shall be carefull to enquire out all such disaffected p●rsons , and shall present the names of all such d●linquents at all visitations of bishops , and other ordinaries ; and that the same proceedings and penalties m●ntioned in the canon aforesaid respectively , shall be used against them as against oth●r recusants , unlesse within one whole moneth after they are ●irst denounced , they shall make acknowledgement and reformation of that their fault . provided alwayes , that this canon shall not derogat● from any other canon , law , or statute in that behalf provided against those sectaries . vi . an oath injoyn'd for the preventing of all innovations in doctrine and government . this present synod ( being desirous to declare their sincerity and constancie in the profession of the doctrine and discipline already established in the church of england , and to secure all men against any suspition of revolt to poperie , or any other superstition ) decrees that all arch-bishops , and bishops , and all other priests and deacons in places ●xempt or not exempt , shall before the second day of november next ensuing● take this oath following against all innovation of doctrine or discipline , and this oath shall be tendred them , and every of them , and all others named after in this canon , by the bishop in person , or his chancelour , or some grave divines named and appointed by the bishop under his seal ; and the said oath shall be taken in the presence of a publique notarie , who is hereby r●quired to make an act of it , leaving the universities to the provision which followes . the oath is : i a. b. do swear , that i do approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation : and that i will not endeavour by my self or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alt●r the government of this church , by arch-bishops , bishops , deanes , and arch-deacons , &c. as it stands now established , and as by right it ought to stand , nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i do plainly and sincerely acknowledge and swear , according to the plain and common sence and understanding of the same words , without any equivocation , o● mentall evasion , or secret r●servation whatsoever . and this i do heartily , willingly , and truely , upon the faith of a christian . so help me god , in jesus christ . and if any man benefic●d or dignified in the church of england , or any oth●r ecclesiasticall p●rson shall refuse to take this oath , the bishop shall give him a moneths time to inform hims●lf , and at the moneths end , if he refuse to take it , he shall be suspended ab officio , and have a second moneth granted : and if then he refuse to take it , he shall b● suspended ab o●fi●io & beneficio , and have a third moneth granted him for his better information : but if at the end of that moneth he refuse to take the oath above-named , he shall by the bishop be deprived of all his eccl●siasticall promotions whatsoever , and execution of his function which he holds in the church of england . and we likewise constitute and ordain , that all masters of arts ( the sons of noble-men onely excepted ) all bachelours and doctors in divinity , law , or physick , all that are licenced to practise physick , all registers , actuaries , and proctors , all school-masters , all such as being natives or naturalized , do come to be incorporated into the universities here , having taken a degree in any forraign unive●sity , shall be bound to take the said oath . and we command all governours of colledges and halls in either of the universities , that they administer this said oath to all persons resident in their severall houses that have taken the degrees before mentioned in this canon , within six moneths after the publication hereof . and we likewise constitute , that all bishops shall be bound to give the said oath unto all those to whom they give holy orders , at the time of their ordination , or to whomsoever they give collation , institution , or licence to preach , or serve any cure . vii . a declaration concerning some rites and ceremonies . because it is generally to be wished , that unity of faith were accompanied with uniformity of practis● , in the outward worship and service of god ; chiefly for the avoiding of groundlesse suspit●ons of those who are weak , and the malicious aspersions of the professed enemies of our religion ; the one fearing innovations , the other flattering themselves with a vain hope of our backslidings unto their popish superstition , by reason of the situation of the communion table , and the approaches thereunto , the synod declareth , as followeth● that the standing of the communion table , side-way under the east window of every chancell , or chappell , is in its own nature indifferent , neither commanded nor condemned by the word of god , either expresly , or by immediate deduction , and therefore that no religion is to be placed therein , or scruple to be made thereon . and albeit at the time of reforming this church from that grosse superstition of popery , it was carefully provided that all meanes should be used to root out of the mindes of the people , both the inclination thereunto , and memory therof ; especially of the idolatry committed in the masse , for which cause all popish altars were demolished : yet notwithstanding it was then ordered by the injunctions and advertisements of queen elizabeth , of bless●d memory , that the holy tables should stand in the place where the altars stood , and accordingly have been continued in the royall chappells of three famous and pious princes , and in most cathedrall , and some parochiall churches , which doth sufficiently acquit the manner of placing the said tables from any illegality , or just suspition of popish superstition or innovation . and therefore we judge it fit and convenient , that all churches and chappels do conform themselves in this particular , to the example of the cathedral , or mother churches , saving alwaies the generall liberty left to the bishop by law , during the time of administration of the holy communion . and we declare that this situation of the holy table , doth not imply that it is , or ought to be esteemed a true and proper altar , whereon christ is again really sacrificed : but it is , and may be called an altar by us , in that sense in which the primitive church called it an altar , and in no other . and because experience hath shewed us , how irreverent the behaviour of many people is in many plac●● , some leaning , others casting their hats , and some sitting upon , some standing , and others sitting under the communion table in time of divine service : for the avoiding of these and the like abu●●s , it is thought meet and convenient by this present synod , that the said communion tables in all chancells or chappells , be decently severed with rails to preserve them from such or worse profanations . and because the administration of holy things is to be performed with all possible decency and reverence , there●ore we judge it fit and convenient , according to the word of the service-book established by act of parliament , draw neer , &c. that all communicants with all humble reverence shall draw neer and approach to the holy table , there to receive the divine mysteries , which have heretofore in some places been unfitly carried up and down by the minister , unlesse it shall be otherwise appointed in respect of the incapacity of the place , or other inconvenience● by the bishop himself in his jurisdiction , and other ordinaries respectively in theirs . and lastly , whereas the church is the house of god , dedicated to his holy worship , and therefore ought to minde us , both o● the greatnesse and goodnesse of his divine majestie , certain it is that the acknowledgement thereof , not onely inwardly in our hearts , but also outwardly with our bodies , must needs be pious in it self , profitable unto us , and edifying unto others . we therefore think it very meet and behoovefull , and heartily commend it to all good and well affected people , members of this church , that they be ready to tender unto the lord the said acknowledgement , by doing reverence and obeisance , both at their coming in , and going out of the said churches , chancels , or chappels , according to the most ancient custome of the primitive church in the purest times , and of this church also for many yeers of the reign of qu●en elizabeth . the reviving therefore of this ancient and la●dable custome , we heartily commend to the serious consid●ration of all good people , not with any intention to exhibite any religious worship to the communion table , the east , or church , or any thing therein contained in so doing , or to perform the said gesture , in the celebration of the holy eucha●ist , upon any opinion of a corporall p●esence of the body of jesus christ , on the holy table , or in t●e mysticall elements , but onely for the advancement of gods majestie , and to give him alone that honour and glory that is due unto him , and no otherwise ; and in the practise or omission of this rite , we desire that the rule of charity prescribed by the apostle , may be observed , which is , that they which use this rite despise not them who use it not , and that they who use it not , condemn not those that use it . viii . of preaching for conformity . wher●as the preaching of order and decencie , according to st pauls rule , doth conduce to edification ; it is required , that all preachers ( as well benefic●d men as others ) shall positively and plainly preach and in●truct the people in their publike sermons twice in the yeer at the least , that the rites and ceremonies now established in the church of england are lawfull and commendable , and that they the said people and others , ought to conform themselves in their practise to all the said rites and ceremonies , and that the people and others ought willingly to submit themselves unto the authority and government of the church as it is now established under the kings majestie . and if any preacher shall refuse or neglect to do according to this canon , let him be suspended by his ordinary , during the time of his refusall , or wilfull forbearance to do thereafter . ix . one book of articles of inquiry to be used at all parochiall visitations . for the better settling of an uniformity in the outward government and administration of the church , and for the more preventing of just grievances which may be laid upon church-wardens and other sworn-men , by any impertin●nt , inconvenient , or illegall enquiries in the articles for ecclesiasticall visitations ; this synode hath now caus●d a summary or collection of visi●●tory articles ( out of the rubricks of the service-book , and the canons and warrantable rules of the church ) to be made , and for future direction to be deposited in the records of the arch-bishop of canterbury : and we do decree and ordain , that from henceforth no bishop or other person whatsoever having right to hold , use , or exercise any parochiall visitation , shall ( under the pain of a moneths suspension upon a bishop , and two moneths upon any other ordinary that is delinquent , and this to be incurred ipso facto ) cause to be printed or published , or otherwise to be given in charge to the church-warden● , or to any other persons which shall be sworn to make presentm●nts , any other articles or formes of enquiry upon oath , then such onely as shal be approved and in terminis allowed unto him ( upon due request made ) by his metropolitan under his seal of office . provided alwaies that after the end of three yeers next following the date of these presents , the metropolitan shal not either at the instance of those which have right to hold parochiall visitations , o● upon any other occasion , make any addition or diminution from that allowance to any bishop , of visitatory articles , which he did last before ( in any diocesse , within his province ) approve of ; but calling for the same shall hold and give that onely for a perpetual rule , and then eve●y pa●ish shal be bound onely to take the said book from the arch-deacons and other having a peculiar or exempt jurisdiction , but once from that time , in three yeers , in case they do make it appear that they have the said book remaining in their publike ch●st for the use of the parish : and from ev●ry bishop they shall receive the said articles at the episcopall visitation onely , and in manner and form as formerly they have been accustomed to do , and at no greater price then what hath bin usually paied in the said diocesse respectively . x. concerning the conversation of the clergie . the sober , grave● and exemplary conversation of al those that are imployed in administration of holy things , being of great avail for the furtherance of pietie● it hath be●n the religious care of the church of england , strictly to enjoyn to all & every one of her clergie , a pious , regular , and inoffensive d●meanour● and to prohibit all loose and scandalous carriage by severe censures to be inflicted upon such delinquents , as appeares by the . and . canons anno . provided to this purpose . for the more ●ffectuall successe of which pious and necessary care , this present synode , straitly charges all cleargie men in this church , that setting before their ●yes the glory of god , the holin●sse of their calling , and the edification of the people committed to them , they carefully avoid all excesse and disorder , and that by their christian and religious conversation they shine forth as lights unto others in all godlinesse and honesty . and we also require all those to whom the government of the clergie of this church is committed , that they set themselves to countenance and encourage godlinesse , gravitie , sobrietie , and all unblameable conversation in the ministers of this church , and that according to the power with which they are intrusted , they diligently labour by the due execution of the above named canons , and all other ecclesiasticall provisions made for this end , to reform all offensive and scandalous persons , if any be in the ministerie , as they tender the welfare and prospering of pietie and religion , and as they will answer to god for those scandals , which through their remisnesse and neglect shall arise and grow in this church of christ . xi . chancellours patents . for the better remedying and redresse of such abuses as are complained of in the ecclesiasticall courts , the synode doth decree and ordain , that hereafter no bishop shall graunt any patent to any chanc●llour , commissarie , or officiall , for any longer terme , then the life of the grauntee onely , nor otherwise then with expresse reservation to himself , and his successours , of the power to execute the said place , either alone , or with the chancellour , if the bishop shall please to do the same , saving alwayes to the said chancellors , &c. the fees accustomably taken for executing the said jurisdiction . and that in all such patents , the bishop shall keep in his own hands the power of institution unto benefices , as also of giving licenses to preach or keep school ; and further , that no deane and chapter confirme any patent of any chancellour , commissaries , or officials place , wherein the said conditions are not expressed sub po●na suspensionis , to the deane ( or his locum tenens if he passe the act in his absence ) and to every canon , or prebendary , voting to the confirmation of the said act , to be inflicted by the arch-bishop of the province . and further , the holy synode doth decree and ordain that no reward shall be taken for any chancellours , commissaries or officials place under the heaviest censures of the church . xii . chancellours alone not to censure any of the clergie in sundry cases . th●t no chancellour , commissarie , or officiall , unlesse he be in holy orders , shall proceed to suspension , or any higher censure against any of the clergie in any criminall cause , other then neglect of appearance , upon legall citing , but that all such causes shall be heard by the bishop in person , or with the assistance of his chancellour , or commissarie ; or if the bishops occasions will not permit , then by his chancellour , or commissarie , and two grave dignified , or benficed ministers of the diocesse to be assigned by the bishop , under his episcopall seal , who shall hear and censure the said cause in the consistorie . xiii . excommunication and absolution not to be pronounced but by a priest . that no excommunications or absolutions shall be good or valid in law , except they be pronounced , either by the bishop in person , or by some other in holy orders , having ecclesiasticall jurisdiction , or by some grave minister beneficed in the diocesse , being a master of arts , at least , and appointed by the bishop , and the priests name pronouncing such sentence of excommunication , or absolution to be expressed in the instrument issuing under seal out of the court . and that no such minister shall pronounce any sentence of absolution but in open consistory , or at the least in a church or chappell , the penitent humbly craving and taking absolution upon his knees , and having first taken the oath , de parendo juri & stando mandatis ecclesiae . and that no parson , vicar , or curate , sub poena suspensionis , shall declare any of his or their parishioners to be excommunicate , or shall admit any of them so excommunicate into the church , and there declare them to be absolved , except they first receive such excommunications and absolutions under the seal of the ecclesiasticall judge , from whom it cometh . xiiii . concerning commutations , and the disposing of them . that no chancellor , commissary , or officiall , shall have power to commute any penance in whole , or in part ; but either together with the bishop in person , or with his privity in writing , or if by himself , there he shall give up a full and just account of all such commutations once every yeer , at michaelmas to the bishop , who shall with his chancellor , see that all such moneyes be disposed of to charitable and publike uses , according to law . and if any chancellor or other , having jurisdiction , as aforesaid , shall not make such a just account to the bishop , and be found guilty of it , he shall be suspended from all exercise of his jurisdiction , for the space of one whole yeer . alwayes provided , that if the crime be publikely complained of , and do appear notorious , that then the office shall signifie to the place , from whence the complaint came , that the delinquent hath satisfied the church for his offence . and the minister shall signifie it as he shall be directed ; saving alwayes to all chancellers , and other ecclesiasticall officers their due and accustomable fees , if he or they be not so suspended as aforesaid . xv . touching concurrent iurisdictions . that in such places wherein● there is concurrent jurisdiction , no executor be cited into any court or office , for the space of ten dayes after the death of the testator . and that aswell every apparitor herein , as every register , or clark that giveth or carrieth out any citation or processe to such intent , before that the said ten dayes be expired , shall for the first offence herein , be suspended from the execution of his office , for the space of three moneths ; and for the second offence , in this kinde , be and stand excommunicated , ipso facto , not to be restored , but by the metropolitan of the province , or his lawfull surrogate ; and that yet neverthelesse , it be lawfull for any executor , to prove such wills when they thinke good , within the said ten dayes , before any ecclesiasticall judge respectively , to whose jurisdiction the same may , or doth appertaine . xvi . concerning licences to marrie . whereas divers licences to marry , are granted by ordinaries , in whose jurisdiction , neither of the parties , desiring such licence , is resident ; to the prejudice of the archiepiscopall prerogative : to whom only the power of granting such licences , to parties of any jurisdiction , per totam provinciam , by law belongeth ; and for other great inconv●niences thereupon ensuing . it is therefore decreed , that no licence of marriage shall be granted by any ordinary to any parties , unlesse one of the said parties have beene commorant in the jurisdiction of the said ordin●ry , for the space of one whole moneth , immediately before the said licence be desired . and if any o●dinary shall offend herein , and be sufficien●ly evinced thereof , in any of the lord archbishops courts , he shall be liable to such censure as the lord archbishop shall thinke fit to inflict . and we further decree , that one of the conditions in the bond of securitie given by the parties taking such licence , shall be , that the said partie● , or one of them , have , or hath beene a moneth commorant in the said jurisdiction , immediately before the said licence granted . and the synod decrees , that whatsoever is ordered in these six last canons , concerning the jurisdiction of bishops , their chancellors , and commissaries , shall ( so farre as by law is applyable ) be in force , concerning all deanes , deanes and chapters , collegiate churches , archdeacons , and all in holy orders , having exempt , or peculiar jurisdiction , and their severall officers respectively . xvii . against vexatious citations . and that this synod may prevent all grievances , which may fall upon the people by citations into ecclesiasticall courts , upon pretence only of the breach of law , without either p●esentment , or any other just ground . this present synod decrees , that for all times to come no such citation , grounded only as aforesaid , shall issue out of any ecclesiasticall court , except the said citation be sent forth under the hand and seale of the chancellor , commissarie , archdeacon , or other competent j●dge of the said court , within thirty dayes af●er the fault committed ; and returne thereof to be m●de the next , or second court day after the citation served at the farthest ; and that the partie so cited , unl●sse he be convinced by two witnesses , shall , upon the denyall of the fact upon oath , be forthwith freely dismissed without any payment of fees ; provided that this decree ex●e●d not to any g●ievous crime , as schisme , incontinencie , misbehaviour in the church in time of divine service , obstinate inconformitie , or the like . wee of our princely inclination and royall care for the maintenance of the present estate and government of the church of england by the lawes of this our realme now setled and established , having diligently , with great contentment and comfort read and considered of all these their said canons , orders , ordinances and constitutions agreed upon , as is before expressed : and finding the same such as we are perswaded wil be very profitable , not onely to our clergie , but to the whole church of this our kingdome , and to all the true members of it ( if they be well observed ; ) have therefore for vs , our heires , and lawfull successours , of our especiall grace , certaine knowledge , and meere motion , given , and by these presents doe give our royall assent , according to the forme of the said statute or act of parliament aforesaid , to all and every of the said canons , orders , ordinances and constitutions , and to all and every thing in them contained , as they are before written . and furthermore , we do not onely by our said prerogative royall , and supreme authority in causes ecclesiasticall , ratifie , confirme , and establish , by these our letters patents , the said canons , orders , ordinances and constitutions , and all and every thing in them contained , as is aforesaid , but do likewise propound , publish , and straightly injoyne and command by our said authority , and by these our letters patents , the same to be diligently observed , executed , and equally kept by all our loving subjects of this our kingdome , both within the provinces of canterbury and yorke , in all points wherein they do or may concern ●very or any of them according to this our will and pleasure hereby signified and expressed . and that likewise for the better observation of them , every minister , by what ●ame or title soever he be called , shall in the parish church or chappell where he hath charge , read all the said-canons , orders , ordinances and constitutions , at all such times , and in such manner as is prescribed in the said canons , or any of them : the book of the said canons to be provided at the charge of the parish , betwixt this and the feast of s. michael the archangell next ensuing , straightly charging and commanding all archbishops , bishops , and all other that exercise any ecclesiasticall jurisdiction within this realme , every man in his place to see and procure ( so much as in them lyeth ) all and every of the ●ame canons , orders , ordinances and constitutions to be in all points duly observed , not sparing to execute the penalties in them severally mentioned , upon any that shall wittingly or wilfully break or neglect to observe the same ; as they tender the honour of god , the peace of the church , the tranquillity of the kingdome , and their duties and service to vs their king and sovereigne . in witnesse whereof we have caused these our letters to be made patents : witnesse our selfe at westminster , the thirtieth day of june , in the sixteenth yeare of our reigne . the table . concerning the regall power . for the better keeping of the day of his majesties most happy inauguration . for suppressing of the growth of popery . against socinianisme . against sectaries . an oath injoyned for the preventing of all innovations in doctrine and government . a declaration concerning some rites and ceremonies . of preaching for conformi●y . one book of articles of inquirie to be used at all parochiall visitations . concerning the conversation of the clergie . chancellours patents . chancellours alone not to censure any of the clergie in sundry cases . excommunication and absolution not to be pronounced but by a priest . concerning commutations , and the disposing of them . touching concurrent iurisdictions . concerning licences to marrie . against vexatious citations . finis . the works of mr. richard hooker (that learned and judicious divine), in eight books of ecclesiastical polity compleated out of his own manuscripts, never before published : with an account of his life and death ... ecclesiastical polity hooker, richard, or - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the works of mr. richard hooker (that learned and judicious divine), in eight books of ecclesiastical polity compleated out of his own manuscripts, never before published : with an account of his life and death ... ecclesiastical polity hooker, richard, or - . gauden, john, - . walton, izaak, - . travers, walter, or - . supplication made to the councel. [ ], , [ ], [i.e. ] p. : port. printed by thomas newcomb for andrew crook ..., london : . title on added t.p. engraved (with architectural border): of the lawes of ecclesiastical politie / by richard hooker. london : printed for andrew crooke, . frontispiece is an engraved portrait of richard hooker. this ed. is edited by john gauden; the account of the life of richard hooker is by izaak walton. cf. dnb. marginal notes. "a supplication made to the councel by master walter travers": p. - . imperfect: between p. and of the first group of pagings are pages which belong in the unnumbered pages introductory to the main work. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hooker, richard, or - . church of england -- apologetic works. ecclesiastical law -- early works to . church polity -- early works to . sermons, english -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion svnt meliora mihi richardvs hooker exoniensis scholaris sociusque collegij corp. chrisli oxon̄ : deinde londi : templi interioris in sacris magister rectorque huius ecelesiae ▪ scripsit octo libros politiae ecclesiasticae angelicanae , quorum tres desiderantur : obijt ; an̄ : dō : m.dc. iii. aetat : suae l. posuit hoc pijssimo viro monumentum ano. dō : m. dc . xxx . v . guli : comper armiger . in christo iesu quem genuit per evangelium . corinth : . . of the lawes of ecclesiastical politie . eight bookes by richard hooker . london printed for andrew crooke at the greene dragon in s pauls church-yard . . the works of mr. richard hooker , ( that learned and judicious divine ) in eight books of ecclesiastical polity , compleated out of his own manuscrips ; never before published . with an account of his life and death . dedicated to the kings most excellency majesty , charles iid. by whose royal father ( near his martyrdom ) the former five books ( then onely extant ) were commended to his dear children , as an excellent means to satisfie private scruples , and settle the publick peace of this church and kingdom . jam . . . the wisdom from above , is first pure , then peaceable , gentle , easie to be intreated , full of mercy and good works , without partiality and hypocrisie . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plat. multitadio investiganda verilalis ad proximos divertunt errores . min. fel. london : printed by thomas newcomb for andrew crook , at the green-dragon in st. pauls church-yard . . to the kings most excellent majesty charles ii d , by the grace of god , king of great britain , france , and ireland , defender of the faith , &c. most gracious soveraign , although i know how little leisure great kings have to read large books , or indeed any , save onely gods , ( the study , belief and obedience of which , is precisely commanded , even to kings , deut. . , . and from which , whatever wholly diverts them , will hazard to damn them ; there being no affairs of so great importance , as their serving god , and saving their own souls ; nor any precepts so wise , just , holy , and safe , as those of the divine oracles ; nor any empire so glorious , as that by which kings being subject to gods law , have dominion over themselves , and so best deserve and exercise it over their subjects . ) yet having lived to see the wonderful and happy restauration of your majesty to your rightful kingdoms , and of this reformed church to its just rights , primitive order , and pristine constitution , by your majesties prudent care , and imparallel'd bounty , i know not what to present more worthy of your majesties acceptance , and my duty , then these elaborate and seasonable works of the famous and prudent mr. richard hooker , now augmented , and i hope compleated with the three last books , so much desired , and so long concealed . the publishing of which volume so intire , and thus presenting it to your majesty , seems to be a blessing and honor reserved by gods providence , to add a further lusture to your majesties glorious name , and happy reign , whose transcendent favor , justice , merit , and munificence to the long afflicted church of england , is a subject no less worthy of admirasion then gratitude to all posterity . and of all things ( next gods grace ) not to be abused or turned into wantonness by any of your majesties clergy , who are highly obliged beyond all other subjects to piety , loyalty , and industry . i shall need nothing more to ingratiate this incomparable piece to your majesties acceptance , and all the english worlds , then those high commendations it hath ever had , as from all prudent , peaceable , and impartial readers , so especially from your majesties royal father , who a few days before he was crowned with martyrdom , commended to his dearest children , the diligent reading of mr. hookers ecclesiastical polity , even next the bible ; as an excellent means to settle them in the truth of religion , and in the peace of this church , as much christian , and as well reformed as any under heaven : as if god had reserved this signal honor to be done by the best of kings , and greatest sufferers for this church , to him who was one of the best writers , and ablest defenders of it . to this compleated edition , is added such particular accounts as could be got of the authors person , education , temper , manners , fortunes , life , and death , which is now done with much exactness and proportion : that hereby your majesty , and all the world , may see what sort of men are fittest for church-work ( which like the building of solomons temple , is best carried on with most evenness of iudgement , and least noise of passion . ) also what manner of man he was , to whom we all ow this noble work , and durable defence . which is indeed at once ( as the tongues of eloquent princes are to themselves , and their subjects ) both a treasury and an armory , to inrich their friends , and defend them against the enemies of the church of england : arare composition of unpassionate reason , and unpartial religion ; the mature product of a indicious scholar , a loyal subject , an humble preacher , and a most eloquent writer : the very abstract and quintessence of laws humane and divine ; a summary of the grounds , rules , and proportions of true polity in church and state : vpon which clear , solid and safe foundations , the good order , peace , and government of this church was anciently setled , and on which , while it stands firm , it will be flourishing . all other popular and specious pretensions being found by late sad experiences , to be as novel and unfit , so factious and fallacious , yea , dangerous and destructive to the peace and prosperity of this church and kingdom , whose inseparable happiness and interests are bound up in monarchy and episcopacy . the politick and visible managing of both which , god hath now graciously restored and committed to your majesties soveraign wisdom and authority , after the many and long tragedies suffered from those club masters and tub-ministers , who sought not fairly to obtain reformation of what might seem amiss , but violently and wholly to overthrow the ancient and goodly fabrick of this church and kingdom . for finding themselves not able in many years to answer this one book , long ago written in defence of the truth , order , government , authority , and liberty ( in things indifferent ) of this reformed church , agreeable to right reason , and true religion ( which makes this well tempered peice , a file capable to break the teeth of any that venture to bite it ; ) they conspired at last to betake themselves to arms , to kindle those horrid fires of civil wars , which this wise author foresaw , and foretold in his admirable preface , would follow those sparks , and that smoak which he saw rise in his days : so that from impertinent disputes ( seconded with scurrilous pamphlets ) they fled to tumults , sedition , rebellion , sacriledge , parricide , yea , regicide ; counsels weapons , and practices , certainly , no way becoming the hearts and hands of christian subjects , nor ever sanctified by christ for his service , or his churches good . what now remains , but your majesties perfecting and preserving that ( in this church ) which you have with much prudence and tenderness , so happily begun and prosecuted , with more zeal then the establishment of your own throne . the still crazy church of england , together with this book ( its great and impregnable shield ) do further need , and humbly implore your majesties royal protection under god : nor can your majesty by any generous instance and perseverance ( most worthy of a christian king ) more express that pious and grateful sense which god and all good men expect from your majesty , as some retribution for his many miraculous mercies to your self , then in a wise , speedy , and happy setling of our religious peace , with the least grievance , and most satisfaction to all your good subjects ; sacred order and uniformity being the centre and circumference of our civil tranquillity : sedition naturally rising out of schism , and rebellion out of faction ; the onely cure and antidote against both , are good laws and canons , first wisely made , with all christian moderation , and seasonable charity ; next , duly executed with iustice and impartiality ; which sober severity , is indeed the greatest charity to the publique . whose verity , vnity , sanctity and solemnity in religious concernments , being once duly established , must not be shaken or sacrificed to any private varieties and extravagancies . where the internals of doctrines , morality , mysteries , and evangelical duties , being ( as they are in the church of england ) sound and sacred , the externals of decent forms , circumstances , rites and ceremonies , being subordinate and servient to the main , cannot be either evil or unsafe , neither offensive to god nor good christians . for the attaining of which blessed ends of piety and peace , that the sacred sun and shield of the divine grace and power directing and protecting , may ever shine upon your majesties person and family , counsels and power , is the humble prayer of your sacred majesties most loyal subject , and devoted servant , ioh. exon . to the reader . i think it necessary to inform my reader that doctor gauden ( the late bishop of worcester ) hath also lately wrote and publisht the life of master hooker ; and though this be not writ by design to oppose what he hath truly written ; yet , i am put upon a neccessity to say , that in it there be many material mistakes , and more omissions . i conceive some of his mistakes did proceed from a belief in master thomas fuller , who had too hastily published what be hath since most ingenuously retracted . and for the bishops omissions , i suppose his more weighty business and want of time , made him pass over many things without that due examination , which my better leisure , my diligence , and my accidental advantages , have made known unto me . and now for my self , i can say , i hope , or rather know , there are no material mistakes in what i here present to you , that shall become my reader . little things that i have received by tradition ( to which there may be too much and too little faith given ) i will not at this distance of time undertake to justifie ; for , though i have used great diligence , and compared relations and circumstances , and probable results and expressions : yet , i shall not impose my belief upon my reader ; i shall rather leave him at liberty : but , if there shall appear any material ommission , i desire every lover of truth and the memory of master hooker , that it may be made known unto me . and , to incline him to it , i here promise to acknowledge and rectifie any such mistake in a second impression , which the printer says he hopes for ; and by this means my weak ( but faithful ) endeavours may become a better monument , and in some degree more worthy the memory of this venerable man. i confess , that when i consider the great learning and vertue of master hooker , and what satisfaction and advantages many eminent scholars and admirers of him have had by his labours : i do not a little wonder that in sixty years no man did undertake to tell posterity of the excellencies of his life and learning , and the accidents of both ; and sometimes wonder more at my self , that i have been perswaded to it ; and indeed i do not easily pronounce my own pardon , nor expect that my reader shall , unless my introduction shall prove my apology , to which i refer him . the copy of a letter writ to mr. walton , by dr. king , lord bishop of chichester . honest isaac , though a familiarity of forty years continuance , and the constant experience of your love , even in the worst times , be sufficient to indear our friendship : yet , i must confess my affection much improved , not onely by evidences of private respect to those very many that know and love you , but by your new demonstration of a publick spirit , testified in a diligent , true , and useful collection of so many material passages as you have now afforded me in the life of venerable mr. hooker ; of which , since desired by such a friend as yourself , i shall not deny to give the testimony of what i know concerning him and his learned books ; but shall first here take a fair occasion to tell you , that you have been happy in chusing to write the lives of three such persons , as posterity hath just cause to honour ; which they will do the more for the true relation of them by your happy pen : of all which i shall give you my unfeigned censure . i shall begin with my most dear and incomparable friend dr. donne , late dean of st. pauls church , who not only trusted me as his executor , but three days before his death delivered into my hands those excellent sermons of his which are now made publick : professing before dr. winniff , dr. montford , and i think your self then present at his bed-side , that it was by my restless importunity that he had prepared them for the press ; together with which ( as his best legacy ) he gave me all his sermon-notes , and his other papers , containing an extract of near fifteen hundred authors . how these were got out of my hands , you , who were the messenger for them , and how lost both to me and your self , is not now seasonable to complain : but , since they did miscarry , i am glad that the general demonstration of his worth was so fairly preserved , and represented to the world by your pen in the history of his life ; indeed so well , that beside others , the best critick of our later time ( mr. iohn hales of eaton colledge ) affirm'd to me , he had not seen a life written with more advantage to the subject , or more reputation to the writer , than that of dr. donnes . after the performance of this task for dr. donne , you undertook the like office for our friend sir henry wolton , betwixt which two there was a friendship begun in oxford , continued in their various travels , and more confirm'd in the religious friendship of age : and doubtless this excellent person had writ the life of dr. donne , if death had not prevented him ; by which means , his and your pre-collections for that work , fell to the happy manage of your pen : a work , which you would have declin'd , if imperious perswasions had not been stronger then your modest resolutions against it . and i am thus far glad , that the first life was so impos'd upon you , because it gave an unadvoidable cause of writing the second ; if not , 't is too probable we had wanted both , which had been a prejudice to all lovers of honor and ingenuous learning . and let me not leave my friend sir henry without this testimony added to yours , that he was a man of as florid a wit , and elegant a pen , as any former , or ours , which in that kinde is a most excellent age , hath ever produced . and now having made this voluntary observation of our two deceased friends , i proceed to satisfie your desire concerning what i know and believe of the ever-memorable mr. hooker , who was schismaticorum malleius , so great a champion for the church of englands rights , against the factious torrent of separatists that then ran high against church-discipline , and in his unanswerable books continues still to be so against the unquiet disciples of their schism , which now under other names carry on their design ; and who ( as the proper heirs of their irrational zeal ) would again rake into the scarce-closed wounds of a newly bleeding state and church . and first , though i dare not say i knew mr. hooker ; yet , as our ecclesiastical history reports to the honor of igna●ius , that he lived in the time of st. iohn , and had seen him in his childhood ; so i also joy , that in my minority i have often seen mr. hooker with my father , then lord bishop of london , from whom , and others at that time , i have heard most of the material passages which you relate in the history of his life ; and , from my father received such a character of his learning , humility , and other vertues , that like jewels of unvaluable price , they still cast such a lustre as envy or the rust of time shall never darken . from my father i have also heard all the circumstances of the plot to defame him ; and how sir edwin sandys outwitted his accusers , and gained their confession ; and could give an account of each particular of that plot , by that i judge it fitter to be forgotten , and rot in the same grave with the malicious authors . i may not omit to declare , that my fathers knowledge of mr. hooker was occasioned by the learned dr. iohn spencer , who after the death of mr. hooker , was so careful to preserve his unvaluable sixth , seventh , and eighth books of ecclesiastical politt , and his other writings , that he procured henry iackson , then of corpus-christi colledge , to transcribe for him all mr. hookers remaining written papers , many of which were imperfect ; for his study had been rifled or worse used by mr. clark , and another of principles too like his : but as these papers were , they were endeavored to be compleated by his dear friend dr. spencer , who bequeathed them as a precious legacy to my father ; after whose death they rested in my hand , till dr. abbot , then archbishop of canterbury , commanded them out of my custody , authorising dr. iohn barkham , ( his lordships chaplain ) to require and bring them to him to lambeth : at which time i have heard they were put into the bishops library , and that they remained there till the martyrdom of archbishop laud , and were then by the brethren of that faction given with the library to hugh peters , as a reward for his remarkable service in those sad times of the churches confusion : and though they could hardly fall into a fouler hand , yet there wanted not other endeavors to corrupt and make them speak that language , for which the faction then fought ; which was , to subject the soveraign power to the people . i need not strive to vindicate mr. hooker in this particular ; his known loyalty to his prince whilst he lived , the sorrow expressed by king iames for his death ; the value our late soveraign ( of ever-blessed memory ) put upon his works , & now the singular character of his worth given by you in the passages of his life , ( especially in your appendix to it ) do sufficiently clear him from that imputation : and i am glad you mention how much value robert stapleton , pope clement the eighth , and other eminent men of the romish perswasion , have put upon his books , having been told the same in my youth by persons of worth that have travelled italy . lastly , i must again congratulate this undertaking of yours , as now more proper to you then any other person , by reason of your long knowledge and alliance to the worthy family of the cranmers ( my old friends also ) who have been men of noted wisdom , especially mr. george cranmer , whose prudence added to that of sir edwin sandys , proved very useful in the compleating of mr. hookers matchless books ; one of their letters i herewith send you to make use of , if you think fit . and let me say further , you merit much from many of mr. hookers best friends then living ; namely , from the ever-renowned archb. whitgist , of whose imcomparable worth , with the character of the times , you have given us a more short and significant account then i have received from any other pen. you have done much for sir henry savile , his contemporary and familiar friend ; amongst the surviving monuments of whose learning ( give me leave to tell you so ) two are omitted ; his edition of euclid , but especially his translation of king iames his apology for the oath of allegeance , into elegant latine : which flying in that dress as far as rome , was by the pope and conclave sent unto franciscus snarez to salamanca ( he then residing there as president of that colledge ) with a command to answer it . when he had perfected the work ( which he calls defensio fidei catholica , ) it was transmitted to rome for a view of the inquisitors ; who according to their custom blotted out what they pleased , and ( as mr. hooker hath been used since his death ) added whatsoever might advance the popes supremacy , or carry on their own interest , commonly coupling together dep●nere & occidere , the deposing and killing of princes : which cruel and unchristian language mr. iohn salikell ( his amanuensis , when he wrote at salamanca , but since a convert , living long in my fathers-house ) often professed , the good old man ( whose piety and charity mr. salikell magnified much ) not onely disavowed , but detested . not to trouble you further , your reader ( if according to your desire my approbation of your work carries any weight ) will finde many just reasons to thank you for it ; and for this circumstance here mentioned ( not known to many ) may happily apprehend one to thank him , who is , chichester novemb. . . sir , your ever-faithful and affectionate old friend , henry chichester . the life of mr. richard hooker . the introduction . i have been perswaded by a friend , that i ought to obey , to write , the life of richard hooker , the happy author of five ( if not more ) of the eight learned books of the laws of ecclesiastical polity . and though i have undertaken it , yet it hath been with some unwillingness , foreseeing that it must prove to me , and especially at this time of my age , a work of much labor to enquire , consider , research , and determine what a needful to be known concerning him . for i knew him not in his life , and must therefore not onely look back to his death , ( now sixty four years past ) but almost fifty years beyond that , even to his childhood and youth , and gather thence such observations and prognosticks , as may at least adorn , if not prove necessary for the compleating of what i have undertaken . this trouble i foresee , and foresee also ; that it is impossible to escape censures ; against which i will not hope my well-meaning and diligence can protect me , ( for i consider the age in which i live ) and shall therefore but intreat of my reader a suspension of them , till i have made known unto him some reasons , which i my self would now fain believe , do make me in some measure fit for this undertaking : and if these reasons shall not acquit me from all censures , they may at least abate of their severity ; and this is all i can probably hope for . my reasons follow . about forty years past ( for i am now in the seventieth of my age ) i began a happy affinity with william cranmer , ( now with god ) grand nephew unto the great archbishop of that name ; a family of noted prudence and resolution ; with him and two of his sisters i had an entire and free friendship : one of them was the wife of dr. spencer , a bosom-friend , and sometime compupil with mr. hooker in corpus-christi colledge in oxford , and after president of the same . i name them here , for that i shall have occasion to mention them in this following discourse ; as also george cranmer their brother , of whose useful abilities my reader may have a more authentick testimony then my pen can purchase for him , by that of our learned cambden and others . this william cranmer and his two forenamed sisters , had some affinity , and a most familiar friendship with mr. hooker , and had had some part of their education with him in his house , when he was parson of bishops-born near cantebury ; in which city their good father then lived . they had ( i say ) a great part of their education with him , as my self since that time , a happy cohabitation with them ; and having some years before read part of mr. hookers works with great liking and satisfaction , my affection on to them , made me a diligent inquisitor into many things that concerned him ; as namely , of his person , his nature , the management of his time , his wife , his family , and the fortune of him and his . which inquiry hath given me much advantage in the knowledge of what is now under my consideration and intended for the satisfaction of my reader . i had also a friendship with the reverend dr. usher , the late learned archbishop of armagh ; and with dr. morton , the late learned and charitable bishop of durham ; as also with the learned john hales of eaton colledge ; and with them also ( who loved the very name of mr. hooker ) i have had many discourses concerning him ; and from them , and many others that have now put off mortality , i might have had more informations , if i could then have admitted a thought of any fitness for what by perswasion i have now undertaken . but , though that full harvest be irrecoverably lost , yet my memory hath preserved some gleanings , and my diligence made such additions to them , as i hope will prove useful to the compleating of what i intend . in the discovery of which i shall be faithful , and with this assurance put a period to my introduction . the life it is not to be doubted , but that richard hooker was born within the precincts , or in the city of exeter . a city which may justly boast that it was the birth-place of him and sir thomas bodley ; as indeed the county may in which it stands , that it hath furnished this nation with bishop iewel , sir francis drake , sir walter raleigh , and many others memorable for their valor and learning . he was born about the year of our redemption one thousand five hundred fifty and three ; and of parents , that were not so remarkable for their extraction or riches , as for their vertue and industry , and gods blessing upon both : by which they were enabled to educate their children in some degree of learning , of which , our richard hooker may appear to be one fair testimony : and that nature is not so partial , as always to give the great blessings of wisdom and learning , and with them the greater blessings of vertue and government , to those onely that are of a more high and honorable birth . his complexion ( if we may guess by him at the age of forty ) was sanguine , with a mixture of choler ; and yet his motion was slow even in his youth , and so was his speech , never expressing an earnestness in either of them , but a gravity suitable to the aged . and it is observe ( so far as inquiry is able to look back at this distance of time ) that at his being a school-boy , he was an early questionist , quietly inquisitive , why this was , and that was not , to be remembred ? why this was granted , and that denied ? this being mixt with a remarkable modesty , and a sweet serene quietness of nature ; and with them a quick apprehension of many perplext parts of learning , imposed then upon him as a scholar , made his master and others to believe him to have an inward blessed divine light , and therefore to consider him to a little wonder . for in that , children were less pregnant , less confident , and more malleable , then in this wiser , but not better age. this meekness and conjuncture of knowledge , with modesty in his conversation , being observed by his school-master , caused him to perswade his parents ( who intended him for an apprentice ) to continue him at school till he could finde out some means , by perswading his rich uncle , or some other charitable person , to ease them of a part of their care and charge : assuring them , that their son was so enriched with the blessings of nature and grace , that god seemed to single him out as a special instrument of his glory . and the good man told them also , that he would double his diligence in instructing him , and would neither expect not receive any other reward , then the content of so hopeful and happy an imployment . this was not unwelcome news , and especially to this mother , to whom he was a dutiful and dear childe ; and all parties were so pleased with this proposal , that it was resolved so it should be . and in the mean time his parents and master laid a foundation for his future happiness , by instilling into his soul the seeds of piety . those consciencious principles of loving and fearing god ; of an early belief , that he knows the very secrets of our souls ; that he punisheth our vices , and rewards our innocence ; that we should be free from hypocrisie , and appear to man , what we are to god , because first or last the crafty man is catcht in his own snare . these seeds of piety were so seasonably planted , and so continually watered with the daily dew of gods blessed spirit , that his infant-vertues grew into such holy habits , as did make him grow daily into more and more favor , both with god and man ; which with the great learning that he did attain to , hath made richard hooker honored in this , and will continue him to be so to succeeding generations . this good school-master , whose name i am not able to recover , ( and am sorry , for that i would have given him a better memorial in this humble monument , dedicated to the memory of his scholar ) was very sollicitous with iohn hooker , then chamberlain of exeter , and uncle to our richard , to take his nephew into his care , and to maintain him for one year in the university , and in the mean time to use his endeavors to procure an admission for him into some colledge ; still urging and assuring him that his charge would not continue long ; for the lads learning and manners were both so remarkable , that they must of necessity be taken notice of ; and that god would provide him some second patron , that would free him and his parents from their future care and charge . these reasons , with the affectionate rhetorick of his good master , and gods blessing upon both , procured from his uncle a faithful promise that he would take him into his care and charge before the expiration of the year following , which was performed . this promise was made about the fourth year of the reign of queen mary ; and the learned iohn iewel ( after bishop of salisbury ) having been in the first of this queens reign expelled out of corpus-christi colledge in oxford , ( of which he was a fellow ) for adhering to the truth of those principles of religion , to which he had assented in the days of her brother and predecessor , edward the sixth ; and he having now a just cause to fear a more heavy punishment then expulsion , was forced by forsaking this , to seek safety in another nation , and with that safety the enjoyment of that doctrine and worship for which he suffered . but the cloud of that persecution and fear ending with the life of queen mary , the affairs of the church and state did then look more clear and comfortable ; so that he , and many others of the same judgment , made a happy return into england about the first of queen elizabeth ; in which year , this iohn iewel was sent a commissioner or visitor of the churches of the western parts of this kingdom , and especially of those in devonshire , in which county he was born ; and then , and there he contracted a friendship with iohn hooker , the uncle of our richard. in the third year of her reign , this iohn iewel was made bishop of salisbury ; and there being always observed in him a willingness to do good and oblige his friends , and now a power added to it : iohn hooker gave him a visit in salisbury , and besought him for charities sake to look favorably upon a poor nephew of his , whom nature had fitted for a scholar ; but the estate of his parents was so narrow , that they were unable to give him the advantage of learning ; and that the bishop would therefore become his patron , and prevent him from being a tradesman ; for he was a boy of remarkable hopes . and though the bishop knew men do not usually look with an indifferent eye upon their own children and relations , yet he assented so far to iohn hooker , that he appointed the boy and his school-master should attend him about easter next following at that place ; which was done accordingly : and then after some questions and observations of the boys learning , and gravity , and behavior , the bishop gave his school-master a reward , and took order for an annual pension for the boys parents , promising also to take him into his care for a future preferment ; which was performed . for , about the fourteenth year of his age , which was anno . he was by the bishop appointed to remove to oxford , and there to attend dr. cole , then president of corpus-christi colledge : which he did , and dr. cole had ( according to a promise made to the bishop ) provided for him both a tutor ( which was said to be the learned dr. iohn reynolds ) and a clerks place in that colledge : which place , though it were not a full maintenance , yet with the contribution of his uncle , and the continued pension of his patron , the good bishop , gave him a comfortable subsistence . and in this condition he continued unto the eighteenth year of his age , still increasing in learning and prudence , and so much in humility and piety , that he seemed to be filled with the holy ghost , and even like st. iohn baptist , to be sanctified from his mothers womb , who did often bless the day in which she bare him . about this time of his age , he fell into a dangerous sickness , which lasted two moneths : all which time , his mother having notice of it , did in her hourly prayers as earnestly beg his life of god , as the mother of st. augustine did , that he might become a true christian : and their prayers were both so heard , as to be granted . which mr. hooker would often mention with much joy , and pray that he might never live to occasion any sorrow to so good & mother , whom he would often say , he loved so dearly , that he would endeavor to be good , even as much for her sake , as for his own . as soon as he was perfectly recovered from this sickness , he took a journey from oxford to exeter , to satisfie and see his good mother , being accompanied with a countreyman and companion of his own colledge , and both on foot ; which was then either more in fashion , or want of money , or their humility made it so : but on foot they went , and took salisbury in their way , purposely to see the good bishop , who made mr. hooker and his companion dine with him at his own table ; which mr. hooker boasted of with much joy and gratitude when he saw his mother and friends : and at the bishops parting with him , the bishop gave him good counsel , and his benediction , but forgot to give him money ; which when the bishop had considered , he sent a servant in all hasle to call richard back to him : and at richards return , the bishop said to him , richard , i sent for you back to lend you a horse which hath carried me many & mile , and i thank god with much ease . and presently delivered into his hand a walking-staff , with which he professed he had travelled through many parts of germany . and he said , richard , i do not give , but lend you my horse ; be sure you be honest , and bring my horse back to me at your return this way to oxford . and i do now give you ten groats to bear your charges to exeter ; and here is ten groats more , which i charge you to deliver to your mother , and tell her , i send her a bishops benediction with it , and beg the continuance of her prayers for me . and if you bring my horse back to me , i will give you ten groats more to carry you on foot to the colledge : and so god bless you , good richard. and this , you may believe , was performed by both parties . but alas ! the next news that followed mr. hooker to oxford was , that his learned and charitable patron had changed this for a better life . which may be believed , for that as he lived , so he died , in devout meditation and prayer ; and in both so zealously , that it became a religious question , whether his last ejaculations , or his soul , did first enter into heaven ? and now mr. hooker became a man of sorrow and fear : of sorrow , for the loss of so dear and comfortable a patron ; and of fear , for his future subsistence . but dr. cole raised his spirits from this dejection , by bidding him go cheerfully to his studies , and assuring him he should neither want food not rayment , ( which was the utmost of his hopes ) for he would become his patron . and so he was for about nine moneths , or not much longer ; for about that time this following accident did befal mr. hooker . edwin sandys ( then bishop of london , and after archbishop of york ) had also been in the days of queen mary forced , by forsaking this , to seek safety in another nation ; where for many years , bishop iewel and he were companions at bed and board in germany ; and , where in this their exile , they did often eat the bread of sorrow , and by that means they there began such a friendship , as time did not blot out , but lasted till the death of bishop iewel , which was one thousand five hundred seventy and one . a little before which time the two bishops meeting , iewel began a story of his richard hooker , and in it gave such a character of his learning and manners , that though bishop sandys was educated in cambridge , where he had obliged , and had many friends : yet his resolution was , that his son edwin should be sent to corpus-christi colledge in oxford , and by all means be pupil to mr. hooker , though his son edwin was then almost of the same age : for the bishop said , i will have a tutor for my son , that shall teach him learning by instruction , and vertue by example ; and my greatest care shall be of the last , and ( god willing ) this richard hooker shall be the man , into whose hands i will commit my edwin . and the bishop did so about twelve moneths after this resolution . and doubtless , as to these two , a better choice could not be made : for , mr. hooker was now in the nineteenth year of his age ; had spent five in the university , and had by a constant unwearied diligence , attained unto a perfection in all the learned languages : by the help of which , as excellent tutor , and his unintermitted study , he had made the subtilty of all the arts easie and familiar to himself , and useful for the discovery of such learning as lay hid from common searchers . so that by these added to his great reason , and his industry added to both , he did not onely know more of causes and effects ; but what he knew , he knew better then other men . and with this knowledge he had a most blessed and clear method of demonstrating what he knew , to the great advantage of all his pupils , ( which in time were many ) but especially to his two first , his dear edwin sandys , and his as dear george cranmer , of which there will be a fair testimony in the ensuing relation . this for his learning . and for his behavior , amongst other testimonies , this still remains of him , that in four years he was but twice absent from the chappel prayers ; and that his behavior there was such as shewed an awful reverence of that god which he then worshipped and prayed to ; giving all outward testimonies that his affections were set on heavenly things . this was his behavior towards god ; and for that to man , it is observable , that he was never known to be angry , or passionate , or extream in any of his desires ; never heard to repine or dispute with providence , but by a quiet gentle submission and resignation of his will to the wisdom of his creator bore the burthen of the day with patience ; never heard to utter to an uncomly word : and by this and a grave behavior , which is a divine charm , hebegot an early reverence unto his person , even from those that at other rimes , and in other companies , took a liberty to cast off that strictness of behavior and discourse that is required in a collegiate life . and when he took any liberty to be pleasant , his wit was never blemished with scoffing , or the utterance of any conceit that bordered upon , or might beget a thought of loosness in his hearers . thus innocent and exemplary was his behavior in his colledge ; and thus this good man continued till his death ; still increasing in learning , in patience , and piety . in this nineteenth year of his age , he was chosen , december . . to be one of the twenty scholars of the foundation ; being elected and admitted as born in devonshire , ( out of which county a certain number are to be elected in vacancies by the founders statutes . ) and now he was much encouraged ; for now he was perfectly incorporated into this beloved colledge , which was then noted for an eminent library , strict students , and remarkable schollars . and indeed it may glory , that it had bishop iewel , doctor iohn reynolds , and doctor thomas iackson , of that foundation . the first , famous by his learned apology for the church of england , and his defence of it against harding . the second , for the learned and wise menage of a publick dispute with iohn hart , of the roman perswasion , about the head and faith of the church , then printed by consent of both parties . and the third , for his most excellent exposition of the creed , and for his other treatises ; all such as have given greatest satisfaction to men of the greatest learning . nor was this man more eminent for his learning , then for his strict and pious life , testified by his abundant love and charity to all men. in the year . february . mr. hookers grace was given him for inceptor of arts ; doctor herbert westphaling , a man of noted learning , being then vice-chancellor , and the act following he was compleated master , which was anno . his patron doctor cole being that year vice-chancellor , and his dear friend henry savil of merton colledge , then one of the proctors . it was that henry savil , that was after sir henry savil , warden of merton colledge , and provost of eaton : he which founded in oxford two famous lectures , and endowed them with liberal maintenance . it was that sir henry savil that translated and enlightned the history of cornelim tacitus , with a most excellent comment ; and , enriched the world by his laborious and chargeable collecting the scattered pieces of st. chrysostome , and the publication of them in one entire body in greek ; in which language he was a most judicious critick . it was this sir henry savil that had the happiness to be a contemporary , and a most familiar friend to our richard hooker , and let posterity know it . and in this year of . he was chosen fellow of the colledge : happy also in being the contemporary and friend of dr. iohn reynolds , of whom i have lately spoken , and of dr. spencer ; both which were after , and successively , made presidents of his colledge : men of great learning and merit , and famous in their generations . nor was mr. hooker more happy in his contemporaries of his time and colledge , then in the pupillage and friendship of his edwin sandys and george cranmer , of whom my reader may note , that this edwin sandys was after sir edwin sandys . and as famous for his speculum europe , as his brother george for making posterity beholden to his pen by a learned relation and comment on his dangerous and remarkable travels ; and for his harmonious translation of the psalms of david , the book of iob , and other poetical parts of holy writ , into most high and elegant verse . and for cranmer , his other pupil , i shall refer my reader to the printed testimonies of our learned master cambden , the lord tottenes , fines , morison , and others . this cranmer , whose christen name was george , was a gentleman of singular hopes , the eldest son of thomas cranmer , son of edward cranmer , the archbishops brother : he spent much of his youth in corpus-christi colledge in oxford , where he continued master of arts for many years before he removed , and then betook himself to travel , accompanying that worthy gentleman sir edwin sandys into france , germany , and italy , for the space of three years ; and , after their happy return , he betook himself to an imployment under secretary davison : after whose fall , he wen : in place of secretary with sir henry killigrew in his embassage into france ; and after his death , he was sought after by the most noble lord mount-joy , with whom he went into ireland , where he remained , until in a battel against the rebels near carlingford , an unfortunate wound put an end both to his life , and the great hopes that were conceived of him . betwixt mr. hooker , and these his two pupils , there was a sacred friendship ; a friendship made up of religious principles , which increased daily by a similitude of inclinations to the same recreations and studies ; a friendship elemented in youth , and in an university , free from self-ends , which the friendships of age , usually are not . in this sweet , this blessed , this spiritual amity they went on for many years : and , as the holy prophet saith , so they took sweet counsel together , and walked in the house of god as friends . by which means they improved it to such a degree of amity , as bordered upon heaven ; a friendship so sacred , that when it ended in this world , it began in the next , where it shall have no end . and , though this world cannot give any degree of pleasure equal to such a friendship ; yet obedience to parents , and a desire to know the affairs , and manners , and laws , and learning of other nations , that they might thereby become the more serviceable unto their own , made them put off their gowns and leave mr. hooker to his colledge : where he was daily more assiduous in his studies , still enriching his quiet and capacious soul with the precious learning of the philosophers , casuists , and schoolmen ; and with them the foundation and reason of all laws , both sacred and civil ; and with such other learning as lay most remote from the track of common studies . and as he was diligent in these ; so , he seemed restless in searching the scope and intention of gods spirit revealed to mankinde in the sacred scripture : for the understanding of which , he seemed to be assisted by the same spirit with which they were written : he that regardeth truth in the inward parts , making him to understand wisdom secretly . and the good man would often say , the scripture was not writ to beget pride and disputations , and opposition to government ; but moderation , and charity , and humility , and obedience , and peace , and piety in mankinde ; of which , no good man did ever repent himself upon his death-bed . and that this was really his judgment , did appear in his future writings , and in all the actions of his life . nor was this excellent man a stranger to the more light and aery parts of learning , as musick and poetry ; all which he had digested , and made useful : and of all which , the reader will have a fair testimony in what follows . thus he continued his studies in all quietness for the space of three or more years ; about which time he entered into sacred orders , and was made both deacon and priest ; and not long after , in obedience to the colledge statutes , he was to preach either at st. peters , oxford , or at st. pauls cross , london , and the last fell to his allotment . in order to which sermon , to london he came , and immediately to the shunamites house ; which is a house so called , for that : besides the stipend paid the preacher , there is provision made also for his lodging and diet two days before , and one day after his sermon . this house was then kept by iohn churchman , sometimes a draper of good note in watling street , upon whom , after many years of plenty , poverty had at last come like an armed man , and brought him into a necessitous condition : which , though it be a punishment , is not always an argument of gods disfavor , for he was a vertuous man : i shall not yet give the like testimony of his wife , but leave the reader to judge by what follows . but to this house mr. hooker came so wet , so weary , and weather-beaten , that he was never known to express more passion , then against a friend that disswaded him from footing it to london , and for hiring him no easier an horse , ( supposing the horse trotted when he did not ; ) and at this time also , such a faintness and fear possest him , that he would not be perswaded two days quietness , or any other means could be used to make him able to preach his sundays s●rmon ; but a warm bed , and rest , and drink proper for a cold given him by mistress churchman , and her diligent attendance added unto it , enabled him to perform the office of the day , which was in or about the year one thousand five hundred eighty and one . and in this first publick appearance to the world , he was not so happy as to be free from exceptions against a point of doctrine delivered in his sermon , which was , that in god there were two wills ; an antecedent , and a consequent will : his first will , that all mankinde should be saved ; but his second will was , that those onely should be saved , that did live answerable to that degree of grace which he had offered or afforded them . this seemed to cross a late opinion of mr. : alvins , and then taken for granted by many that had not a capacity to examine it , as it had been by him , and hath been since by dr. iackson , dr. hammond , and others of great learning , who believe that a contrary opinion trenches upon the honor and justice of our merciful god. how he justified this , i will not undertake to declare ; but it was not excepted against ( as mr. hooker declares in an occasional answer to mr. travers ) by iohn elmer , then bishop of london ; at this time one of his auditors , and at last one of his advocates too , when mr. hooker was accused for it . but the justifying of this doctrine did not prove of so bad consequence , as the kindness of mistress churchmans curing him of his late distemper and cold ; for that was so gratefully apprehended by mr. hooker , that he thought himself bound in conscience to belive all that she said : so that the good man came to be perswaded by her , that he was a man of a tender constitution ; and , that it was best for him to have a wife , that might prove a nurse to him ; such an one as might both prolong his life , and make it more comfortable ; and such a one , she could and would provide for him , if he thought fit to marry . and he not considering , that the children of this world are wiser in their generation then the children of light : but , like a true nathaniel , fearing no guile , because he meant none ; did give her such a power as eleazar was trusted with , when he was sent to chuse a wife for isaac ; for even so he trusted her to chuse for him : promising upon a fair summons to return to london , and accept of her choice ; and he did so in that , or the year following . now , the wife provided for him was her daughter ioan , who brought him neither beauty nor portion ; and , for her conditions , they were too like that wife 's , which is by solomon compared to a dripping house : so that he had no reason to rejoyce in the wife of his youth , but rather to say with the holy prophet , w● is me that i am constrained to have my habitation in the tents of kedar ! this choice of mr. hookers ( if it were his choice ) may be wondered at ; but let us consider that the prophet ezekiel says , there is a wheel within a wheel ; a secret sacred wheel of providence ( especially in marriages ) guided by his hand that allows not the race to the swift , nor bread to the wise , not good wives to good men : and he that can bring good out of evil , ( for mortals are blinde to such reasons ) onely knows why this blessing was denied to patient iob , and ( as some think ) to meek moses , and to our as meek and patient mr. hooker . but so it was ; and let the reader cease to wonder , for affliction is a divine diet ; which though it be not pleasing to mankinde , yet almighty god hath often , very often , imposed it as good , though bitter physick to those children whose souls are dearest to him . and by this means the good man was drawn from the tranquillity of his colledge : from that garden of piety , of pleasure , of peace , and a sweet conversation , into the thorny wilderness of a busie world ; into those corroding cares that attend a married priest , and a countrey-parsonage ; which was draiton beauchamp in buckinghamshire , ( not far from alesbury , and in the diocess of lincoln ; ) to which he was presented by iohn cheny esquire ( then patron of it ) the nineth of december , . where he behaved himself so , as to give no occasion of evil , but ( as st. paul adviseth a minister of god ) in much patience , in afflictions , in anguishes , in necessities , in poverty , and no doubt in long-suffering ; yet troubling no man with his discontents and wants . and in this condition he continued about a year ; in which time his two pupils , edwin sandys , and george cranmer , were returned from travel , and took a journey to draiton to see their tutor ; where they found him with a book in his hand ( it was the odes of horace ) he being then tending his small allotment of sheep in a common field ; which he told his pupils he was forced to do , for that his servant was then gone home to dine , and assist his wife to do some necessary houshould business . when his servant returned and released him , his two pupils attended him unto his house , where their best entertainment was his quiet company , which was presently denied them , for , richard was called to rock the cradle ; and the rest of their welcome was so like this , that they staid but till next morning , which was time enough to discover and pitty their tutors condition : and having in that time remembred and paraphrased on many of the innocent recreations of their younger days , and by other such like diversions , given him as much present pleasure as their acceptable company and discourse could afford him , they were forced to leave him to the company of his wife , and seek themselves a quieter lodging . but at their parting from him , mr. cranmer said , good tutor , i am sorry your lot is faln in no better ground , as to your parsonage : and more sorry your wife proves not a more comfortable companion after you have wearied your thoughts in your restless studies . to whom the good man replied , my dear george , if saints have usually a double share in the miseries of this life , i that am none , ought not to repine at what my wise creator hath appointed for me ; but labor , as indeed i do daily , to submit to his will , and possess my soul in patience and peace . at their return to london , edwin sandys acquaints his father , then bishop of london , and after archbishop of york , with his tutors sad condition , and sollicites for his removal to some benefice that might give him a more comfortable subsistence : which his father did most willingly grant him , when it should next fall into his power . and not long after this time , which was in the year one thousand five hundred eighty and five , mr. alvy ( master of the temple ) died , who was a man of a strict life , of great learning , and of so venerable behavior , as to gain such a degree of love and reverence from all men that knew him , that he was generally known by the name of father alvy . at the temple reading , next after the death of this father alvy , the archbishop of york being then at dinner with the judges ; the reader and benchers of that society , he met there with a condolement for the death of father alvy , an high commendation of his saint-like life , and of his great merit both to god and man : and as they bewail'd his death , so they wisht for a like pattern of virtue and learning to succeed him . and here came in a fair occasion for the bishop to commend mr. hooker to father alvies place , which he did with so effectual an earnestness , and that seconded with so many other testimonies of his worth , that mr. hooker was sent for from draiton beauchamp to london , and there the mastership of the temple proposed unto him by the bishop , as a greater freedom from his country cares , the advantage of a better society , and a more liberal pension than his parsonage did afford him . but these reasons were not powerful enough to incline him to a willing acceptance of it : his wish was rather to gain a better country living , where he might be free from noise , ( so he exprest the desire of his heart ) and eat that bread which he might more properly call his own , in privacy and quietness . but , notwithstanding this aversness , he was at last perswaded to accept of the bishops proposal ; and was by * patent for life made master of the temple the th of march , . he being then in the th year of his age. and here i shall make a stop ; and , that the reader may the better judge of what follows , give him a character of the times , and temper of the people of this nation , when mr. hooker had his admission into this place . a place which he accepted , rather than desired ; and yet here he promised himself a virtuous quietness : that blessed tranquillity which he always prayed and laboured for ; that so he might in peace bring forth the fruits of peace , and glorifie god by uninterrupted prayers and praises : for this he always thirsted ; and yet this was denied him . for his admission into this place was the very beginning of those oppositions and anxieties , which till then this good man was a stranger to , and of which the reader may guess by what follows . in this character of the times , i shall , by the readers favour , and for his information , look so far back as to the beginning of the reign of queen elizabeth ; a time in which the many pretended titles to the crown , the frequent treasons , the doubts of her successour , the late civil war , and the sharp persecution that had raged to the effusion of so much blood in the reign of queen mary , were fresh in the memory of all men ; and these begot fears in the most pious and wisest of this nation , least the like days should return again to them or their present posterity . the apprehension of which dangers begot an earnest desire of a settlement in the church and state ; believing there was no other probable way left to make them sit quietly under their own vines and fig-trees , and enjoy the desired fruit of their labours . but time , and peace , and plenty , begot self-ends ; and those begot animosities , envy , opposition , and unthankfulness for those blessings for which they lately thirsted : being then the very utmost of their desires , and even beyond their hopes . this was the temper of the times in the beginning of her reign ; and thus it continued too long : for those very people that had enjoyed the desires of their hearts in a reformation from the church of rome , became at last so like the grave , as never to be satisfied ; but were still thirsting for more and more : neglecting to pay that obedience to government , and perform those vows to god , which they made in their days of adversities and fear : so that in short time theree appeared thre several interests , each of them fearless and restless in the prosecution of their designs ; they may for distinction be called , the active romanists , the restless non-conformists ( of which there were many sorts ) and the passive peaceable protestant , the counsels of the first considered and resolved on in rome : the second in scotland , in geneva , and in divers selected , secret , dangerous conventicles , both there , and within the bosom of our own nation : the third pleaded and defended their cause by establisht laws , both ecclesiastical and civil ; and if they were active , it was to prevent the other two from destroying what was by those known laws happily establisht to them and their posterity . i shall forbear to mention the very many and as dangerous plots of the romanists against the church and state : because , what is principally intended in this digression , is an account of the opinions and activity of the non-conformists ; against whose judgement and practice , mr. hooker became at last , but most unwillingly , to be ingaged in a book-war ; a war which he maintained not as against an enemy , but with the spirit of meekness and reason . in which number of non-conformists , though some might be sincere and well-meaning men , whose indiscreet zeal might be so like charity , as thereby to cover a multitude of errors , yet of this party there were many that were possest with an high degree of spiritual wickedness ; i mean with an innate restles radical pride and malice ; i mean not those lesser sins that are more visible and more properly carnal , and sins against a mans self , as gluttony , and drunkenness , and the like , ( from which good lord deliver us ; ) but sins of an higher nature ; because more unlike to the nature of god , which is love , and mercy , and peace ; and more like the devil : ( who is not a glutton nor can be drunk ; and yet , is a devil : ) those wickednesses of malice , and revenge , and opposition , and a complacence in working and beholding confusion ) which are more properly his work , who is the enemy and disturber of mankind , and greater sins , though many will not believe it ) men whom a furious zeal and prejudice had blinded , and made incapable of hearing reason , or adhearing to the ways of peace ; men whom pride and self-conceit had made to overvalue their own wisdom , and become pertinacious , and to hold foolish and unmannerly disputes against those men which they ought to reverence , and those laws which they ought to obey ; men that laboured and joyed to speak evil of government , and then to be the authors of confusion ( of confusion as it is confusion : ) whom company , and conversation , and custom had blinded , and made insensible that these were errours : and at last became so restless , and so hardened in their opinions , that like those which perisht in the gain-saying of core , so these dyed without repenting these spiritual wickednesses , of which coppinger and hacket , and their adherents are too sad testimonies . and in these times which tended thus to co●fusion , there were also many others that pretended a tenderness of conscience , refusing to submit to ceremonies , or to take an oath before a lawful magistrate : and yet these very m●n did in their secret conventicles , covenant and swear to each other , to be assiduous and faithful in using their best endeavours to set up a church government that they had not agreed on . to which end , there was many select parties that wandered up and down , and were active in sowing discontents and sedition , by venemous and secret murmurings , and a dispersion of scurrilous pamphlets and libels against the church and state ; but especially against the bishops : by which means , together with very bold , and as indiscreet sermons , the common people became so phanatick , as st. peter observed , there were in his time , some that wrested the scripture to their own destruction : so by these men , and this means many came to believe the bishops to be antichrist , and the onely obstructers of gods discipline ; and many of them were at last given over to such desperate delusions , as to find out a text in the revelation of st. iohn , that antichrist was to be overcome by the sword , which they were very ready to take into their hands . so that those very men , that began with tender meek petitions , proceeded to print publick admonitions ; and then to satyrical remonstrances ; and at last , ( having like david numbred who was not , and who was , for their cause , ) they got a supposed certainty of so great a party , that they durst threaten first the bishops , and not long after , both the queen and parliament ; to all which they were secretly encouraged by the earl of leicester , then in great favour with her majestie , and the reputed cherisher and patron-general of these pretenders to tenderness of conscience ; whom he used as a sacreligious snare to further his design , which was by their means to bring such an odium upon the bishops , as to procure an alienation of their lands , and a large proportion of them for himself : which avaritious desire had at last so blinded his reason , that his ambitious and greedy hopes had almost flattered him into present possession of lambeth-house . and to thse strange and dangerous undertakings , the non-conformists of this nation were much encouraged and heightened by a correspondence and confederacy with that brotherhood in scotland ; so that here they became so bold , that one told the queen openly in a * sermon , she was like an untamed heyfer , that would not be ruled by gods people , but obstructed his discipline . and in scotland they were more confident , for there † they declared her an atheist , and grew to such an height , as not to be accountable for any thing spoken against her ; no nor for treason against their own king , if spoken in the pulpit : shewing at last such a disobedience even to him , that his mother being in england , and then in distress , and in prison , and in danger of death , the church denied the king their prayers for her ; and at another time , when he had appointed a day of feasting , their church declared for a general fast , in opposition to his authority . to this height they were grown in both nations , and by these means there was distill'd into the mindes of the common people such other venemous and turbulent principles , as were inconsistent with the safety of the church and state : and these , vented so daringly , that beside the loss of life and limbs , the church and state were both forced to use such other severities as will not admit of an excuse , if it had not been to prevent confusion , and the perilous consequences of it ; which without such prevention , would in short time have brought unavoidable ruine and misery to this numerous nation . these errors and animosities were so remarkable , that they begot wonder in an ingenious italian , who being about this time come newly into this nation , writ scoffingly to a friend in his own countrey ; that the common people of england were wiser then the wisest of his nation ; for here the very women and shop-keepers were able to judge of predestination , and determine what laws were fit to be made concerning church government ; then , what were fit to be obeyed or abolished . that they were more able ( or at least thought so ) to raise and determine perplex'd cases of conscience , then the most learned colledges in italy . that men of the slightest learning , and the most ignorant of the common people , were mad for a new , or super - or re-reformation of religion ; and that in this they appeared like that man , who would never cease to whet , and whet his knife , till there was no steel left to make it useful . and he concluded his letter with this observation , that those very men that were most busie in oppositions , and disputations , and controversies , and finding out the faults of their governors , had usually the least of humility and mortification , or of the power of godliness . and to heighten all these discontents and dangers , there was also sprung up a generation of godless-men ; men that had so long given way to their own lusts and delusions ; and , had so often , and so highly opposed the blessed motions of his blessed spirit , and the inward light of their own consciences , that they had thereby sinned themselves to a belief of what they would , but were not able to believe : into a belief , which is repugnant even to humane nature ( for the heathens believe there are many gods ; ) but these had sinned themselves into a belief , that there is no god : and so finding nothing in themselves , but what is worse then nothing , began to wish what they were not able to hope for , that they should be like the beasts that perish ; and , in wicked company ( which is the atheists sanctuary ) were so bold as to say so : though the worst of mankinde , when he is left alone at midnight , may wish , but cannot then think it . into this wretched , this reprobate condition , many had then sinned themselves . and now ! when the church was pestered with them , and with all these other irregularities ; when her lands were in danger of alienation , her power at least neglected , and her peace torn to pieces by several schisms , and such heresies as do usually attend that sin : when the common people seemed ambitious of doing those very things which were attended with most dangers , that thereby they might be punished , and then applauded and pittied : when they called the spirit of opposition a tender conscience , and complained of persecution , because they wanted power to persecute others : when the giddy multitude raged , and became restless to finde out misery for themselves and others ; and the r●●ble would herd themselves together , and endeavor to govern and act in spight of authority . in this extremity , fear , and danger of the church and state , when to suppress the growing evils of both , they needed a man of prudence and pi●ty , and of an high and fearless fortitude ; they were blest in all by iohn whitgift , his being made archbishop of canterbury ; of whom ingenious sir henry wot●on ( that knew him well ) hath left this true character , that he was a man of a reverend and sacred memory ; and of the premitive temper : a man of such a temper , as when the church by lowliness of spirit did flourish in highest examples of vertue . and though i dare not undertake to add to his character , yet i shall neither do right to this discourse , nor to my reader , if i forbear to give him a further and short account of the life and manners of this excellent man ; and it shall be short , for i long to end this digression , that i may lead my reader back to mr. hooker , where we left him at the temple . iohn whitgift was born in the county of lincoln , of a family that was ancient , and noted to be prudent and affable , and gentile by nature : he was educated in cambridge ; much of his learning was acquired in pembroke-hall ( where mr. bradford the martyr was his tutor : ) from thence he was remov'd to peter-house ; from thence to be master of pembroke-hall ; and from thence to the mastership of trinity colledge . about which time the queen made him her chaplain ; and not long after prebend of ely , and then dean of lincoln ; and having for many years past looked upon him with much reverence and favor , gave him a fair testimony of both , by giving him the bishoprick of worcester , and ( which was not a usual favor ) forgiving him his first-fruits ; then by constituting him vice-president of the principality of wales . and having for several years experimented his wisdom , his justice , and moderation in the menage of her affairs , in both these places , she in the twenty sixth of her reign , made him archbishop of canterbury ; and not long after , of her privy council ; and trusted him to menage all her ecclesiastical affairs and preferments . in all which removes , he was like the ark , which left a blessing upon the place where it rested , and in all his imployments , was like iehoida , that did good unto israel . these were the steps of this bishops ascension to this place of dignity and cares ; in which place ( to speak mr. cambdens very words in his annals ) he devoutly consecrated both his whole life to god , and bit painful labors to the good of his church . and yet in this place he met with many oppositions in the regulation of church affairs , which were much disordered at his entrance , by reason of the age and remisness of bishop grindal ( his immediate predecessor ) the activity of the non-conformists , and their cheif assistant , the earl of leicester ; and indeed , by too many others of the like sacrilegious principles . with these he was to encounter ; and though he wanted neither courage nor a good cause , yet he foresaw , that without a great measure of the queens favor , it was impossible to stand in the breach that was made into the lands and immunities of the church , or to maintain the remaining rights of it . and therefore by justifiable sacred insinuations , such as st. paul to agrippa , ( agrippa believest thou ? i know thou believest ) he wrought himself into so great a degree of favor with her , as by his pious use of it , hath got both of them a greater degree of fame in this world , and of glory in that , into which they are now entred . his merits to the queen , and her favors to him were such , that she called him her little black husband , and called his servants her servants : and she saw so visible and blessed a sincerity shine in all his cares and endeavors for the churches , and for her good , that she was supposed to trust him with the very secrets of her soul , and to make him her confessor : of which she gave many fair testimonies ; and of which , one was , that she would never eat flesh in lent without obtaining a licence from her little black husband : and would often say , she pio●●ed him , because she trusted him , and had eased her-self by laying the burthen of all her clergy-cares upon his shoulders , which she was certain he managed with prudence and piety . i shall not keep my self within the promised rules of brevity in this account of his interest with her majesty , and his care of the churches rights , if in this digression i should enlarge to particulars● and therefore my desire is , that one example may serve for a testimony of both . and that the reader may the better understand it , he may take notice , that not many years before his being made archbishop , there passed an act or acts of parliament intending the better preservation of church lands , by recalling a power which was vested in others to sell or lease them , by lodging and trusting the future care and protection of them onely in the crown : and amongst many that made a bad use of this power or trust of the queens , the earl of leicester was one ; and the good bishop having by his interest with her majesty put a stop to the earls sacrilegious designs , they two fell to an open opposition before her ; after which they both quitted the room , nor friends in appearance . but the bishop made a sudden and a seasonable return to her majesty , ( for he found her alone ) and spake to her with great humility and reverence , and to this purpose . i beseech your majesty to hear me with patience , and to believe that yours and the churches safety are dearer to me than my life , but my conscience dearer than both : and therefore give me leave to do my duty , and tell you that princes are deputed nursing fathers of the church , and owe it a protection ; and therefore god forbid that you should be so much as passive in her ruines , when you may prevent it ; or that i should-behold it without horrour and detestation ; or should forbear to tell your majesty of the sin and danger . and though you and my self are born in an age of frailties , when the primitive piety and care of the churches lands and immunities are much decayed ; yes ( madam ) let me beg that you will but first consider , and then you will believe there are such sins at prophaneness and sacriledge ; for if there were not ? they could not have names in holy writ : and particularly in the new-testament . and i beseech you to consider , that though our saviour said , he judged no man ; and to testifie it , would not judge nor divide the inheritance betwixt the two brethren , nor would judge the woman taken in adultery ; yet , in this point of the churches rights , he was so zealous , that he made himself both the accuser , and the iudge , and the executioner to punish these sins ; witnessed , in that he himself made the whip to drive the prophaners out of the temple ; overthrew the tables of the money-changers , and drove them out of it . and consider that it was s. paul that said to those christians of his time that were offended with idolatry , yet thou that abhorrest idols , dost thou commit sacriledge ? supposing i think sacriledge to be the greater sin . this may occasion your majesty to consider that there is such a sin as sacriledge ; and to incline you to prevent the curse that will follow it ; i beseech you also , to consider that constantine the first christian emperor , and helena his mother ; that king edgar , and edward the confessor , and indeed many others of your predecessors , and many private christians , have also given to god and to his church , much land , and many immunities , which they might have given to those of their own families , and did not ; but gave them as an absolute right and sacrifice to god : and with these immunities and lands they have entailed a curse upon the alienators of them ; god prevent your majesty from being liable to that curse . and , to make you that are trusted with their preservation , the better to understand the danger of it ; i beseech you forget not , that , besides these curses , the churches land and power have been also endeavoured to be preserved , as far as humane reason and the law of this nation have been able to preserve them , by an immediate and most sacred obligation on the consciences of the princes of this realm . for they that consult magna charta shall find , that as all your predecessours were at their coronation , so you also were sworn before all the nobility and bishops then present , and in the presence of god , and in his stead to him that anointed you , to maintain the church lands , and the rights belonging to it ; and this testified openly at the holy altar , by laying your hands on the bible then lying upon it . and not only magna charta , but many modern statutes have denounced a curse upon those that break magna charta . and now what account can be given for the breach of this oath at the last great day , either by your majesty , or by me , if it be wilfully , or but negligently violated , i know not . and therefore , good madam , let not the late lords exceptions against the failings of some few clergie-men , prevail with you to punish posterity , for the errors of this present age ; let particular men suffer for their particular errors , but let god and his church have their right ; and though i pretend not to prophesy , yet i big posterity to take notice of what is already become visible in many families ; that church-land added to an ancient inheritance , hath proved like a moth fretting a garment , and secretly consumed both : or like the eagle that stole a coal from the altar , and thereby set her nest on fire , which consumed both her young eagles , and her self that stole it . and , though i shall forbear to speak reproachfully of your father : yet , i beg you to take notice , that a part of the churches rights , added to the vast treasure left him by his father , hath been conceived to bring an unavoidable consumption upon both , notwithstanding all his diligence to preserve it . and consider , that after the violation of those laws , to which he had sworn in magna charta , god did so far deny him his restraining grace , that be fell into greater sins then i am willing to mention . madam , religion is the foundation and cement of humane societies : and , when they that serve at gods altar shall be exposed to poverty ? then religion it self will be exposed to scorn , and become contemptible ; as you may already observe in too many poor vicaridges in this nation . and therefore , as you are by a late act or acts entrusted with a great power to preserve or waste the churches lands ; yet , dispose of them for iesus sake as the donors intended : let neither falshood nor flattery beguile you to do otherwise , and put a stop ( i beseech you ) to the approaching ruines of gods church , as you expect comfort at the last great day ; for kings must be judged . pardon this affectionate plainness , my most dear soveraign , and let me beg to be still continued in your favor ; and the lord still continue you in his . the queens patient hearing this affectionate speech ; and her future care to preserve the churches rights , which till then had been neglected , may appear a fair testimony , that he made hers and the churches good , the cheifest of his cares , and that she also thought so . and of this , there were such daily testimonies given , as begot betwixt them so mutual a joy and confidence , that they seemed born to believe and do good to each other : she not doubting his piety to be more then all his opposers , which were many , and those powerful too ; nor his prudence equal to the cheifest of her council , who were then as remarkable for active wisdom , as those dangerous times did require , or this nation did everenjoy . and in this condition he continued twenty years ; in which time he saw some flowings , but many more ebbings of her favor towards all men that opposed him , especially the earl of leicester : so that god seemed still to keep him in her favor , that he might preserve the remaining church lands and immunities from sacrilegious alienations . and this good man deserved all the honor and power with which she trusted him ; for he was a pious man , and naturally of noble and grateful principles : he eased her of all her church cares by his wise menage of them ; he gave her faithful and prudent counsels in all the extremities and dangers of her temporal affairs , which were very many ; he lived to be the cheif comfort of her life in her declining age ; to be then most frequently with her , and her assistant at her private devotions ; to be the greatest comfort of her soul upon her death-bed ; to be present at the expiration of her last breath ; and to behold the closing of those eyes that had long looked upon him with reverence and affection . and let this also be added , that he was the chief mourner at her sad funeral ; nor let this be forgotten , that within a few hours after her death , he was the happy proclaimer that king iames ( her peaceful successor ) was heir to the crown . let me beg of my reader , that he allow me to say a little , and but a little more of this good bishop , and i shall then presently lead him back to mr. hooker ; and , because i would hasten , i will mention but one part of the bishops charity and humility ; but this of both . he built a large alms-house near to his own palace at croydon in surrey , and endowed it with maintenance for a master and twenty eight poor men and women ; which he visited so often , that he knew their names and dispositions ; and was so truly humble , that he called them brothers and sisters : and whensoever the queen descended to that lowliness to dine with him at his palace in lambeth , ( which was very often ) he would usually the next day shew the like lowliness to his poor brothers and sisters at croydon , and dine with them at his hospital ; at which time , you may believe there was joy at the table . and at this place he built also a fair free-school , with a good accommodation and maintenance for the master and scholars . which gave just occasion for boyse sisi , then ambassador for the french king , and resident here , at the bishops death , to say , the bishop had published many learned books , but a free-school to train up youth , and an hospital to lodge and maintain aged and poor people ; were the best evidences of christian learning that a bishop could leave to posterity . this good bishop lived to see king iames settled in peace , and then fell sick at lambeth ; of which , the king having notice , went to visit him , and found him in his bed in a declining condition , and very weak ; and after some short discourse , the king assured him , he had a great affection for him , and high value for his prudence and vertues , which were so useful for the church , that he would earnestly beg his life of god. to which he replied , pro ecclesi● dei , pro ecclesiâ dei : which were the last words he ever spake ; therein testifying , that as in his life , so at his death , his chiefest care was of gods church . this iohn whitgift was made archbishop in the year one thousand five hundred eighty and three . in which busie place , he continued twenty years and some moneths , and in which time , you may believe he had many tryals of his courage and patience ; but his motto was , vincit , qui patitur : and he made it good . many of his many tryals were occasioned by the then powerful earl of leicester , who did still ( but secretly ) raise and cherish a faction of non-conformists to oppose him ; especially one thomas cartwright , a man of noted learning ; sometime contemporary with the bishop in cambridge , and of the same colledge , of which the bishop had been master : in which place there began some emulations , ( the particulars i forbear ) and at last open and high oppositions betwixt them ; and , in which you may believe mr. cartwright was most faulty , if his expulsion out of the university can incline you to it . and in this discontent , after the earls death ( which was one thousand five hundred eighty and eight ) mr. cartwright appeared a cheif cherisher of a party that were for the geneva church-government ; and to effect it , he ran himself into many dangers , both of liberty and life ; appearing at last to justifie himself and his party in many remonstrances , which he caused to be printed ; and to which , the bishop made a first answer , and cartwright replied upon him ; and then the bishop having rejoyned to his reply , mr. cartwright either was , or was perswaded to be satisfied ; for , he wrote no more , but left the reader to be judge which had maintained their cause with most charity and reason . after some silence , mr. cartwright received from the bishop many personal favors , and retired himself to a more private living , which was at warwick , where he was made master of an hospital , and lived quietly , and grew rich ; and , where the bishop gave him a licence to preach , upon promise not to meddle with controversies , but incline his hearers to piety and moderation : and this promise he kept during his life , which ended one thousand six hundred and two , the bishop surviving him but one year , each ending his days in perfect charity with the other . and now after this long digression made for the information of my reader concerning what follows , i bring him back to venerable mr. hooker , where we left him in the temple , and where we shall finde him as deeply engaged in a controversie with walter travers , a friend and favorite of mr. cartwrights , as the bishop had ever been with mr. cartwright himself ; and of which , i shall proceed to give this following account . and first this ; that though the pens of mr. cartwright and the bishop were now at rest , yet there was sprung up a new generation of restless men , that by company and clamors became possest of a faith which they ought to have kept to themselves , but could not : men that were become positive in asserting , that a papist cannot be saved : insomuch , that about this time , at the execution of the queen of scots , the bishop that preached her funeral sermon ( which was dr. howland , then bishop of peterborough ) was reviled for not being positive for her damnation . and beside this boldness of their becoming gods , so far as to set limits to his mercies ; there was not onely martin mar-prelate , but other venemous books daily printed and dispersed : books that were so absurd and scurrilous , that the graver divines disdained them an answer . and yet these were grown into high esteem with the common people , till tom nash appeared against them all , who was a man of a sharp wit , and the master of a scoffing satyrical merry pen , which he imployed to discover the absurdities of those blinde malicious sensless pamphlets , and sermons as sensless as they . nash his answers being like his books , which bore these titles , an almond for parro● . a fig for my god-son . come crack me this nut , and the like : so that his merry wit made such a discovery of their absurdities , as ( which is strange ) he put a greater stop to these malicious pamphlets , then a much wiser-man had been able . and now the reader is to take notice , that at the death of father alay , who was master of the temple , this walter travers was lecturer there for the evening sermons , which he preached with great approbation , especially of the younger gentlemen of that society ; and for the most part approved by mr. hooker himself , in the midst of their oppositions . for he continued lecturer a part of his time ; mr. travers being indeed a man of competent learning , of a winning behavior , and of a blameless life . but he had taken orders by the presbytery in antwerp , and if in any thing he was transported , it was in an extream desire to set up that government in this nation : for the promoting of which , he had a correspondence with theodore beza at geneva , and others in scotland ; and was one of the cheifest assistants to mr. cartwright in that design . mr. travers had also a particular hope to set up this government in the temple , and to that end , used his endeavors to be master of it ; and his being disappointed by mr. hookers admittance , proved some occasion of opposition betwixt them in their sermons . many of which were concerning the doctrine , discipline , and ceremonies of this church ; insomuch , that as st. paul withstood st. peter to his face , so did they . for as one hath pleasantly exprest it , the forenoon sermon spake canterbury ; and the afternoons , geneva . in these sermons there was little of bitterness , but each party brought all the reasons he was able , to prove his adversaries opinion erroneous . and thus it continued a long time , till the oppositions became so high , and the consequences so dangerous , especially in that place , that the prudent archbishop put a stop to mr. travers his preaching , by a positive prohibition ; against which mr. travers appealed and petitioned her majesty and her privy council to have it recalled , where he met with many assisting powerful friends ; but they were not able to prevail with or against the archbishop , whom the queen had intrusted with all church power ; and he had received so fair a testimony of mr. hookers principles and of his learning and moderation , that he withstood all sollicitations . but the denying this petition of mr. travers was unpleasant to divers of his party , and the reasonableness of it became at last to be so magnified by them and many others , as never to be answered : so that intending the bishops and mr. hookers disgrace , they procured it to be privately printed and scattered abroad ; and then mr. hooker was forced to appear as publickly , and print an answer to it , which he did , and dedicated it to the archbishop ; and it proved so full an answer , to have in it so much of clear reason , and writ with so much meekness and majesty of style , that the bishop began to wonder at the man , to rejoyce that he had appeared in his cause , and disdained not earnestly to beg his friendship ; even a familiar friendship with a man of so much quiet learnning and humility . to enumerate the many particular points , in which mr. hooker and mr. travers dissented ( all or most of which i have seen written ) would prove at least tedious ; and therefore i shall impose upon my reason no more then two , which shall immediately follow ; and by which , he may judge of the rest . mr. travers excepted against mr. hooker , for that in one of his sermons be declared , that the assurance of what we believe by the word of god , is not to us so certain as that which we perceive by sense . and mr. hooker confesseth he said so , and endeavors to justifie it by the reasons following . first , i taught , that the things which god promises in his word , are surer to us then what we touch , handle , or see : but are we so sure and certain of them ? if we be , why doth god so often prove his promises to us as he doth , by arguments drawn from our sensible experience ? for we must be surer of the proof , then of the things proved ; otherwise it is no proof . for example , how is it that many men looking on the moon at the sametime , every one knoweth it to be the moon as certainly as the other doth ? but many believing one and the same promise , have not all one and the same fulness of perswassion . for how falleth it out , that men being assured of any thing by sense , can be no surer of it then they are ; when at the strongest in faith that liveth upon the earth , hath always need to labor , strive , and pray , that his assurance concerning heavenly and spiritual things , may grow , increase , and be augmented ? the sermon that gave him the cause of this his justification , makes the case more plain , by declaring , that there is besides this certainly of evidence , a certainty of adherence . in which , having most excellently demonstrated what the certainty of adherence is , he makes this comfortable use of it : comfortable ( he says ) as to weak believers , who suppose themselves to be faithless , not to believe , when notwithstanding they have their adherence ; the holy spirit hath his private operations , and worketh secretly in them , and effectually too , though they want the inward testimony of it . tell this to a man that hath a minde too much dejected by a sad sense of his sin ; to one that by a too severe judging of himself , concludes that he wants faith , because he wants the comfortable assurance of it ; and his answer will be , do not perswade me against my knowledge , against what i finde and feel in my self : i do not , i know i do not believe . ( mr. hookers own words follow ) well then , to favor such men a little in their weakness , let that be granted which they do imagine ; be it , that they adhere not to gods promises , but are faithless , and without belief : but are they not grieved for their unbelief ? they confess they are ; do they not wish it might , and also strive that it may be otherways ? we know they do . whence cometh this , but from a secret love and liking , that they have of those things believed ? for , no man can love those things which in his own opinion are not ; and , if they think those things to be , which they shew they love , when they desire to believe them ; then must it be , that by desiring to believe , they prove themselves true believers : for , without faith no man thinketh that things believed are : which argument all the subtilties of infernal powers will never be able to dissolve . this is an abridgment of part of the reasons he gives for his justification of this his opinion , for which he was excepted against by mr. travers . mr. hooker was also accused by mr. travers , for that he in one of his sermons had declared , that he doubted not but that god was merciful to save many of our forefathers living heretofore in popish superstition , for as much as they sinned ignorantly : and mr. hooker in his answer professeth it to be his judgment , and declares his reasons for this charitable opinion to be as followeth . but first he states the question about iustification and works , and how the foundation of faith is overthrown ; and then he proceeds to discover that way which natural men and some others have mistaken to be the way by which they hope to attain true and everlasting happiness : and having discovered the mistaken , he proceeds to direct to that true way , by which , and no other , everlasting life and blessedness is attainable . and , these two ways he demonstrates thus , ( they be his own words that follow ) that , the way of nature ; this , the way of grace ; the end of that way , salvation merited , presupposing the righteousness of mens works : their righteousness , a natural ability to do them ; that ability , the goodness of god which created them in such perfection . but the end of this way , salvation bestowed upon men as a gift : presupposing not their righteousness , but the forgiveness of their unrighteousness , iustification ; their iustification , not their natural ability to do good , but their hearty sorrow for not doing ; and unfeigned belief in him , for whose sake not doers are accepted , which is their vocation ; their vocation , the election of god , taking them out of the number of lost children ; their election , a mediator in whom to be elect : this mediation inexplicable mercy , this mercy , supposing their misery for whom be vouchsafed to die , and make himself a mediator . and he also declareth , there is no meritorious cause for our iustification , but christ ; no effectual , but his mercy ; and says also , we deny the grace of our lord iesus christ , we abuse , disannul , and annihilate the benefit of his passion , if by a proud imagination we believe we can merit everlasting life , or can be worthy of it . this belief ( he declareth ) is to destroy the very essence of our justification , and he makes all opinions that border upon this , to be very dangerous . tet nevertheless , ( and for this he was accused ) considering how many vertuous and just men , how many saints and martyrs have had their dangerous opinions , amongst which this was one , that they hoped to make god some part of amends , by voluntary punishments which they laid upon themselves : because by this , or the like erroneous opinions which do by consequene overthrow the merits of christ , shall man be so bold as to write on their graves , such men are damned , there is for them no salvation ! st. austin says , errare possum , hareticus esse nolo , and except we put a difference betwixt them that erre ignorantly , and them that obstinately persist in it , how is it possible that any man should hope to be saved ? give me a pope or a cardinal , whom great afflictions have made to know himself , whose heart god hath touched with true sorrow for all his sins , and filled with a love of christ and his gospel ; whose eyes are willingly open to see the truth , and his mouth ready to renounce all error , this one opinion of merit excepted , which he thinketh god will require at his hands ; and because he wanteth , trembleth , and is discouraged , and yet can say , lord , cleanse me from all my secret sins ! shall i think because of this , or a like error , such men touch not so much as the hem of christs garment ? if they do , wherefore should i doubt , but that vertue may proceed from christ to save them ? no , i will not be afraid to say to such a one , you erre in your opinion , but be of good comfort , you have to do with a merciful god , who will make the best of that little which you hold well , and not with a captions sophister , who gathereth the worst out of every thing in which you are mistaken . but it will be said , the admittance of merit in any degree , overthroweth the foundation , excladeth from the hope of mercy , from all possibility of salvation . ( and now mr. hookers own words follow . ) what though they hold the truth sincerely in all other parts of christian faith ? although they have in some measure all the vertues and graces of the spirit ? although they have all other tokens of gods children in them ? although they be far from having any proud opinion , that they shall be saved by the worthiness of their deeds ? although the onely thing that troubleth and molesteth them , be a little too much dejection , somewhat too great a fire arising from an erronious conceit . that god will require a worthiness in them , which they are grieved to finde wanting in themselves ? although they be not obstinate in this opinion ? although they be willing , and would be glad to forsake it , if any one reason were brought sufficient to disprove it ? although the onely cause why they do not forsake it ere they die , be their ignorance of that means by which it might be disproved ? although the cause why the ignorance in this point is not removed , be the want of knowledge in such as should be able , and are not to remove it ? let me die ( says mr. hooker ) if it be ever proved , that simply an error doth exclude a pope or cardinal in such a case utterly from hope of life . surely i must confess . that if it be an error to think that god may be merciful to save men , even when they err ; my greatest comfort is , my error : were it not for the love i bear to this error , i would never wish to speak or to live . i was willing to take notice of these two points , as supposing them to be very material ; and that as they are thus contracted , they may prove useful to my reader ; as also for that the answers be arguments of mr. hookers great and clear reason , and equal charity . other exceptions were also made against him , as , that he prayed before , and not after his sermons ; that in his prayers be named bishops , that be kneeled , both when he prayed , and he when he received the sacrament ; and ( says mr. hooker in his defence ) other exceptions so like these , as but to name , i should have thought a greater fault then to commit them . and 't is not unworthy the noting , that in the menage of so great a controversie , a sharper reproof then this , and one like it , did never fall from the happy pen of this humble man. that like it , was upon a like occasion of exceptious , to which his answer was , your next argument consists of railing and of reasons ; to your railing i say nothing , to your reasons i say what follows . and i am glad of this fair occasion , to testifie the dove-like temper of this meek , this matchless man ; and doubtless , it almighty god had blest the dissenters from the ceremonies and discipline of this church , with a like measure of wisdom and humility , instead of their pertinacious zeal , then obedience and truth had kissed each other , then peace and piety had flourished in our nation , and this church and state had been blest like ierusalem , that is at unity with it self ; but that can never be expected , till god shall bless the common people with a belief , that schism is a sin , and that there may be offences taken which are not given ; and that laws are not made for private men to dispute , but to obey . and this also maybe worthy of noting , that these exceptions of mr. travers against mr. hooker , were the cause of his transcribing several of his sermons , which we now see printed with his books ; of his answer to mr. travers his supplication ; and of his most learned and useful discourse of iustification , of faith , and works ; and by their transcription , they fell into the hands of others , that have preserved them from being lost , as too many of his other matchless writings have been ; and from these i have gathered many observations in this discourse of his life . after the publication of his answer to the petition of mr. travers , mr. hooker grew daily into greater repute with the most learned and wise of the nation ; but it had a contrary effect in very many of the temple that were zealous for mr. travers , and for his church discipline ; insomuch , that though mr. travers left the place , yet the seeds of discontent could not be rooted out of that society , by the great reason , and as great meekness of this humble man : for though the cheif benchers gave him much reverence and incouragement , yet he there met with many neglects and oppositions-by-those of mr. travers judgment ; insomuch , that it turned to his extream grief : and that he might unbeguile and win them , he designed to write a deliberate sober treatise of the churches power to make cannons for the use of ceremonies , and by law to impose an obedience to them , as upon her children ; and this he proposed to do in eight books of the laws of ecclesiastical polity ; intending therein to shew such arguments , as should force an assent from all men , if reason , delivered in sweet language , and void of any provocation , were able to do it : and that he might prevent all prejudice , he wrote before it a large preface or epistle to the dissenting brethren , wherein there were such bowels of love , and such a commixture of that love with reason , as was never exceeded but in holy writ ; and particularly , by that of st. paul to his dear brother and fellow-laborer philemon : then which , none ever was more like this epistle of mr. hookers . so that his dear friend and companion in his studies , doctor spencer , might after his death justly say , what admirable height of learning , and depth of iudgment , dwelt in the lowly minde of this truly humble man , great in all wise mens eyes except his own : with what gravity and majesty of speech his tongue and pen uttered heavenly mysteries ; whose eyes in the humility of his heart , were always cast down to the ground : how all things that proceeded from him , were breathed as from the spirit of love ; as , if he , like the bird of the holy ghost , the dove , had wanted gall : let those that knew him not in his person , judge by these living images of his soul , his writings . the foundation of these books was laid in the temple ; but he found it no fit place to finish what he had there designed ; and therefore solicited the archbishop for a remove , to whom he spake to this purpose ; my lord , when i lost the freedom of my cell , which was my colledge ; yet , i found some degree of it in my quiet countrey personage : but i am weary of the noise and oppositions of this place ; and indeed , god and nature did not intend me for contentions , but for study and quietness . and , my lord , my particular contests here with mr. travers , have prov'd the more unpleasant to me , because i believe him to be a good man ; and that beliefe hath occasioned me to examine mine own conscience concerning his opinions ; and , to satisfie that , i have consulted the holy scripture , and other laws , both humane and divine , whether the the conscience of him , and others of his iudgment , ought to be so far complied with us , as to alter our frame of church-government , our manner of gods worship , our praising and praying to him , and , our establishe ceremonies , as often as their tender consciences shall require us . and , in this examination , i have not onely satisfied my self ; but have begun a treatise , in which i intend the satisfaction of others , by a demonstration of the reasonableness of our laws of ecclesiastical policy ; and therein laid a hopeful foundation for the churches peace ; and , so as not to provoke your adversarie mr. cartwright , nor mr. travers , whom i take to be mine ( but not my enemy ) god knows this to be my meaning . to which end , i have searched many books , and spent many thoughtful hours ; and i hope not in vain ; for i write to reasonable men . but , my lord , i shall never be able to finish what i have begun , unless i be remov'd into some quiet countrey parsenage , where i may see gods blessings spring out of my mother earth , and eat mine own bread in peace and privaty . a place where i may without disturbance , meditate my approaching mortality , and that great account , which all flesh must at the great day , give to the god of all spirits . this is my design ; and , as these are the desires of my heart , so they shall by gods assistance be the constant indevors of the uncertain remainder of my life . and therefore if your grace can think me and my poor labors , worthy such a favour ? let me beg it , that i may perfect what i have begun : which is a blessing i cannot hope for in this place . about the time of this request to the bishop , the parsonage or rectory of boscom , in the diocess of sarum , and six miles from that city , became void . the bishop of sarum is patron of it , but in the vacancy of that see ( which was three years betwixt the death of bishop peirce , and bishop caldwells admission into it ) the disposal of that and all benefices belonging to it , during the time of this said vacancy , came to be disposed of by the archbishop of canterbury ; and he presented richard hooker to it in the year . and richard hooker was also in this said year instituted , ( iuly . ) to be a minor prebend of salisbury , the corps to it being nether-havin , about ten miles from that city ; which prebend was of no great value , but intended chiefly to make him capable of a better preferment in that church . in this boscum he continued till he had finished four of his eight proposed books of the laws of ecclesiastical polity , and these were enter'd into the register book in stationers-hall the th of march . but not printed till the year . and then with the beforementioned large and affectionate preface , which he directs to them that seek ( as they term it ) the reformation of the laws and orders ecclesiastical in the church of england ; of which books i shall yet say nothing more , but that he continued his laborious diligence to finish the remaining four during his life ( of all which more properly hereafter ) but at boscum he finisht and publisht but only the first four , being then in the year of his age. he left boscum in the year . by a surrender of it into the hands of bishop caldwell , and he presented benjamin russel , who was instituted into it , of iune , in the same year . the parsonage of bishops borne in kent , three miles from canterbury , is in that archbishops gift , but in the latter end of the year . doctor william redman the rector of it was made bishop of norwich , by which means the power of presenting to it was pro ca vice in the queen ; and she presented richard hooker , whom she loved well , to this good living of borne the of iuly . in which living he continued till his death , without any addition of dignity or profit . and now having brought our richard hooker from his birth-place , to this where he found a grave , i shall only give some account of his books , and of his behaviour in this parsonage of borne , and then give a rest both to my self and my reader . his first four books and large epistle have been declared to be printed at his being at boscum , anno . next i am to tell that at the end of these four books there is printed this advertisement to the reader ; i have for some causes thought it at this time more fit to let go these first four books by themselves , than to stay both them and the rest , till the whole might together be published . such generalities of the cause in question as are here handled , it will be perhaps not amiss to consider apart , by way of introduction unto the books that are to follow concerning particulars ; in the mean time the reader is requested to mend the printers errors , as noted underneath . and i am next to declare that his fifth book ( which is larger than his first four ) was first also printed by it self anno . and dedicated to his patron ( for till them he chose none ) the archbishop . these books were read with an admiration of their excellency in this , and their just same spread it self into forain nations . and i have been told more than forty years past , that cardinal alen , or learned doctor stapleton ( both english men , and in italy when mr. hookers four books were first printed ) meeting with this general fame of them , were desirous to read an author , that both the reformed and the learned of their own church did so much magnifie , and therefore caused them to be sent for ; and , after reading them , boasted to the pope ( which then was clement the eighth ) that though he had lately said he never met with an english book whose writer deserved the name of an author ; yet there now appear'd a wonder to them , and it would be so to his holiness , if it were in latin ; for a poor obscure english priest had writ four such books of laws , and church polity , and in a style that exprest so grave and such humble majesty with clear demonstration of reason , that in all their readings they had not met with any that exceeded him ; and this begot in the pope an earnest desire that doctor stapleton should bring the said four books , and looking on the english ; read a part of them to him in latin , which doctor stapleton did , to the end of the first book ; at the conclusion of which , the pope spake to this purpose ; there is no learning that this man hath not searcht into , nothing too hard for his understanding : this man indeed deserves the name of an author ; his books will get reverence by age , for there is in them such seeds of eternity , that if the rest be like this , they shall last till the last fire shall consume all learning . not was this high , the only testimony and commendations given to his books ; for at the first coming of king iames into this kingdom , he inquired of the archbishop whi●gift for his friend mr. hooker that writ the books of church polity ; to which the answer was , that he dyed a year before queen elizabeth , who received the sad news of his death with very much sorrow ; to which the king replyed , and i receive it with no less , that i shall want the desired happiness of seeing and discoursing with that man , from whose books i have received such satisfaction : indeed my lord , i have received more satisfaction in reading a leaf , or paragraph in mr. hooker , thought it were but about the fashion of churches , or church musick , or the like , but especially of the sacraments , then i have had in the reading particular large treatises written but of one of those subjects by others , though very learned men ; and , i observe there is in mr. hooker no affected language ; but a grave comprehensive , cleer manifestation of reason ; and that back't with the authority of the scripture , the fathers and schoolmen , and with all law both sacred and civil . and , though many others write well , yet in the next age they will be forgotten ; but doubtless there is in every page of mr. hookers book , the picture of a divine soul , such pictures of truth and reason , and drawn in so sacred colours , that they shall never fade , but give an immortal memory to the author . and it is so truly true , that the king thought what he spake ; that , as the most learned of the nation have and still do mention mr. hooker with reverence : so he also , did never mention him but with the epithite of learned , or iudicious , or reverend , or venerable mr. hooker . nor did his son our late king charles the first , ever mention him but with the same reverence , enjoyning his son our now gracious king , to be studious in m. hookers books . and our learned antiquary mr. cambden * mentioning the death , the modesty , and other vertues of mr. hooker , and magnifying his books , wisht , that for the honour of this , and benefit of other nations , they were turn'd into the universal language . which work though undertaken by many , yet they have been weary and forsaken it ; but the reader may now expect it , having been long since begun , and lately finisht , by the happy pen of doctor earl , now lord bishop of salisbury , of whom i may justly say ( and let it not offend him , because it is such a truth as ought not to be conceal'd from posterity , or those that now live and yet know him not ) that since mr. hooker died , none have liv'd whom god hath blest with more innocent wisdom ; more sanctified learning , or a more pious , peaceable , primitive temper : so that this excellent person seems to be only like himself and our venerable richard hooker ; and only fit to make the learned of all nations happy in knowing what hath been too long confin'd to the language of our little island . there might be many more and just occasions taken to speak of his books , which none ever did or can commend too much ; but i decline them , and hasten to an account of his christian behaviour and death at borne , in which place he continued his customary rules of mortification and self-denyal ; was much in fasting , frequent in meditation and prayers , injoying those blessed returns , which only men of strict lives feel and know ; and of which men of loose and godless lives cannot be made sensible ; for spiritual things are spiritually discerned . at his entrance into this place , his friendship was much sought for by doctor hadrian saravia , then one of the prebends of canterbury , a german by birth , and sometimes a pastor both in flanders and holland , where he had studied and well considered the controverted points concerning episcopacy and sacriledge , and in england had a just occasion to declare his judgement concerning both , unto his brethren ministers of the low countryes , which was excepted against by theodor beza and others ; against whose exceptions he rejoyned , and thereby became the happy author of many learned tracts , writ in latin , especially of three ; one of the degrees of ministers , and of the bishops superiority above the presbytery ; a second against sacriledge ; and a third of christian obedience to princes ; the last being occasioned by gretzerus the jesuit . and it is observable , that when in a time of church tumults , beza gave his reasons to the chancellor of scotland , for the abrogation of episcopacy in that nation , partly by letters , and more fully in a treatise of a three-fold episcopacy ( which he calls divine , humane , and satanical ) this doctor saravia had by the help of bishop whitgift made such an early discovery of their intentions , that he had almost as soon answered that treatise as it became publique ; and therein discovered how beza's opinion did contradict that of calvins , and his adherents ; leaving them to interfere with themselves in point of episcopacy ; but of these tracts it will not concern me to say more , than that they were most of them dedicated to his and the church of englands watchful patron iohn whitgift the archbishop ; and printed about the year in which mr. hooker also appeared first to the world in the publication of his four books of ecclesiastical polity . this friendship being sought for by this learned doctor , you may believe was not denied by mr. hooker , who was by fortune so like him as to be engaged against mr. travers , mr. cartwright , and others of their judgment in a controversie too like doctor saravia's ; so that in this year of . and in this place of borne , these two excellent persons began a holy friendship , increasing dayly to so high and mutual affections , that their two wills seemed to be but one and the same , and designs both for the glory of god , and peace of the church ; still assisting and improving each others vertues , and the desired comforts of a peaceable piety ; which i have willingly mentioned , because it gives a foundation to some things that follow . this parsonage of borne , is from canterbury three miles , and near to the common road that leads from that city to dover ; in which parsonage mr. hooker had not been twelve moneths , but his books , and the innocency and sanctity of his life became so remarkable , that many turn'd out of the road , and others ( scholars especially ) went purposely to see the man , whose life and learning were so much admired ; and alas , as our saviour said of st. iohn baptist , what went they out to see ! a man cloathed in purple and fine linen ? no indeed ; but an obscure harmless man ; a man in poor clothes , his loynes usually girt in a course gown or canonical coat ; of a mean stature , and stooping , and yet more lowly in the thoughts of his soul ; his body worn out , not with age , but study and holy mortifications ; his face full of heat-pimples , begot by his unactivity and sedentary life . and to this true character of his person , let me add this of his disposition and behaviour ; god and nature blest him with so blessed a hashfulness , that as in his younger days , his pupils might easily look him out of countenance ; so neither then , nor in his age , did he ever willingly look any man in the face : and was of so mild and humble a nature , that his poor parish clark and he did never talk but with both their hats on , or both off at the same time ; and to this may be added , that though he was not purblind ; yet , he was short or weak-sighted ; and where be fixt his eyes at the beginning of his sermon , there they continued till it was ended ; and the reader has a liberty to believe that his modesty and dim sight were some of the reasons why he trusted mistris churchman to choose a wife for him . this parish clark lived till the third or fourth year of the late long parliament ; betwixt which time and mr. hookers death , there had come many to see the place of his burial , and the monument dedicated to his memory by sir william cooper , ( who still lives ) and the poor clark had many rewards for shewing mr. hookers grave-place , and his said monument , and did always hear mr. hooker mentioned with commendations and reverence ; to all which he added his own knowledge and observations of his humility and holiness : in all which discourses , the poor man was still more confirm'd in his opinion of mr. hookers vertues and learning ; but it so fell out , that about the said third or fourth year of the long parliament , the present parson of borne was sequestred ( you may guess why ) and a genevian minister put into his good living . this , and other like sequestrations , made the clerk express himself in a wonder , and say , they had sequestred so many good men , that he doubted if his good master mr. hooker had lived till now , they would have sequestred him too . it was not long before this intruding minister had made a party in and about the said parish , that were desirous to receive the sacrament as in geneva ; to which end , the day was appointed for a select company , and forms and stools set about the altar or communion table for them to sit and eat and drink ; but when they went about this work , there was a want of some joynd-stools , which the minister sent the clerk to fetch , and then to fetch cushions . when the clerk saw them begin to sit down , he began to wonder ; but the minister bade him cease wondering , and lock the church door : to whom he replied , pray take you the keys and lock me out , i will never come more into this church ; for all men will say my master hooker was a good man , and a good scholar , and i am sure it was not used to be thus in his days : and report says , the old man went presently home , and died ; i do not say died immediately , but within a few days after . but let us leave this grateful clerk in his quiet grave , and return to mr. hooker himself , continuing our observations of his christian behavior in this place , where he gave a holy valediction to all the pleasures and allurements of earth ; possessing his soul in a vertuous quietness , which he maintained by constant study , prayers , and meditations : his use was to preach once every sunday , and he or his curate to catechize after the second lesson in the evening prayer : his sermons were neither long nor earnest , but uttered with a grave zeal , and an humble voice : his eyes always fixt on one place , to prevent his imagination from wandring ; insomuch , that he seem'd to study as he spake ; the design of his sermons ( as indeed of all his discourses ) was to shew reasons for what he spake : and with these reasons such a kinde of rhetorick , as did rather convince and perswade , then frighten men into piety . studying not so much for matter ( which he never wanted ) as for apt illustrations to inform and teach his unlearned hearers by familiar examples , and then make them better by convincing applications ; never laboring by hard words , and then by needless distinctions and subdistinctions to amuse his hearers , and get glory to himself : but glory onely to god. which intention he would often say , was as discernable in a preacher , as an artificial from a natural beauty . he never failed the sunday before every ember week , to give notice of it to his parishioners , perswading them both to fast , and then to double their devotions for a learned and pious clergy , but especially for the last ; saying often , that the life of a pious clergy-man was visible rhetorick , and so convincing , that the most godless men ( though they would not deny themselves the enjoyment of their present lusts ) did get secretly wish themselves like those of the strictest lives . and to what he perswaded others , he added his own example of fasting and prayer ; and did usually every ember week , take from the parish clerk the key of the church door ; into which place he retired every day , and lockt himself up for many hours ; and did the like most fridays , and other days of fasting . he would by no means omit the customary time of procession , perswading all , both rich and poor , if they desired the preservation of love , and their parish rights and liberties , to accompany him in his perambulation , and most did so : in which perambulation , he would usually express more pleasant discourse then at other times , and would then always drop some loving and facetious observations to be remembred against the next year , especially by the boys and young people ; still inclining them , and all his present parishioners , to meekness and mutual kindnesses and love ; because love thinks not evil , but covers a multitude of infirmities . he was diligent to enquire who of his parish were sick , or any way distressed , and would often visit them unsent for ; supposing , that the fittest time to discover those errors , to which health and prosperity had blinded them : and having by pious reasons and prayers , molded them into holy resolutions for the time to come , he would incline them to confession , and bewailing their sins , with purpose to forsake them , and then to receive the communion , both as a strengthning of those holy resolutions ; and as a seal betwixt god and them of his mercies to their souls , in case that present sickness did put a period to their lives . and as he was thus watchful and charitable to the sick , so he was as diligent to prevent law-sutes , still urging his parishioners and neighbors , to bear with each others infirmities , and live in love , because ( as st. iohn says ) he that lives in love , lives in god , for god is love. and to maintain this holy fire of love , constantly burning on the altar , of a pure heart , his advice was to watch and pray , and always keep themselves fit to receive the communion , and then to receive it often ; for it was both a confirming , and a strengthning of their graces . this was his advice ; and at his entrance or departure out of any house , he would usually speak to the whole family , and bless them by name ; insomuch , that as he seem'd in his youth to be taught of god , so he seem'd in this place to teach his precepts , as enoch did by walking with him , in all holiness and humility , making each day a step towards a blessed eternity . and though in this weak and declining age of the world , such examples are become barren , and almost incredible ; yet let his memory be blest with this true recordation , because , he that praises richard hooker , praises god , who hath given such gifts to men ; and let this humble and affectionate relation of him , become such a pattern as may invite posterity to imitate his vertues . this was his constant behavior at borne ; thus as enoch , so he walked with god ; thus did he tread in the footsteps of primitive piety ; and yet , as that great example of meekness and purity , even our blessed iesus was not free from false accusations , no more was this disciple of his . this most humble , most innocent holy man ; his was a slander parallel to that of chaste susannaes by the wicked elders ; or that against st. athanasius , as it is recorded in his life ( for that holy man had heretical enemies ) and which this age calls trepanning . the particulars need not a repetition , and that it was false , needs no other testimony then the publick punishment of his accusers , and their open confession of his innocency : 't was said , that the accusation was contrived by a dissenting brother , one that indur'd not church ceremonies , hating him for his books sake , which he was not able to answer ; and his name hath been told me : but i have not so much confidence in the relation , as to make my pen fix a scandal on him to posterity ; i shall rather leave it doubtful till the great day of revelation . but this is certain , that he lay under the great charge , and the anxiety of this accusation , and kept it secret to himself for many moneths : and , being a helpless man , had lain longer under this heavy burthen , but that the protector of the innocent gave such an accidental occasion as forced him to make it known to his two dear friends , edwin sandys and george cranmer , who were so sensible of their tutors sufferings , that they gave themselves no rest , till by their disquisitions and diligence they had found out the fraud , and brought him the welcome news , that his accusers did confess they had wrong'd him , and begg'd his pardon : to which the good mans reply was to this purpose , the lord forgive them ; and , the lord bless you for this comfortable news . now i have a just occasion to say with solomon , friends are born for the days of adversity , and such you have prov'd to me : and to my god i say , as did the mother of st. john baptist , thus hath the lord dealt with me , in the day wherein he looked upon me , to take away my reproach among men . and , o my god , neither my life , nor my reputation , are safe in mine own keeping , but in thine , who didst take care of me , when i yet hanged upon my mothers brest . blessed are they that put their trust in thee , o lord ; for , when false witnesses were risen up against me ; when shame was ready to cover my face ; when i was bowed down with an horrible dread , and went mourning all the day long ; when my nights were restless , and my sleeps broken with a fear worse then death ; when my soul thirsted for a deliverance , as the hart panteth after the rivers of waters : then , thou lord , didst bear my complaints , pitty my condition , and art new become my deliverer ; and as long as i live i will hold up my hands in this manner , and magnifie thy mercies , who didst not give me over as a prey to mine enemies . o blessed are they that put their trust in thee ; and no prosperity shall make me forget those days of sorrow , or to perform those vows that i have made to thee in the days of my fears and affliction ; for with such sacrifices , thou , o god , art well pleased ; and i will pay them . thus did the joy and gratitude of this good mans heart break forth ; and 't is observable , that as the invitation to this slander was his meek behavior and dove like simplicity , for which he was remarkable ; so his christian charity ought to be imitated : for , though the spirit of revenge is so pleasing to mankinde , that it is never conquered but by a supernatural grace , being indeed so deeply rooted in humane nature , that to prevent the excesses of it ( for men would not know moderation ) almighty god allows not any degree of it to any man , but says , vengeance is mine . and , though this be said by god himself , yet this revenge is so pleasing , that man is hardly perswaded to submit the menage of it to the time , and justice , and wisdom of his creator , but would hasten to be his own executioner of it . and yet nevertheless , if any man ever did wholly decline , and leave this pleasing passion to the time and measure of god alone , it was this richard hooker of whom i write : for when his slanderers were to suffer , he labored to procure their pardon ; and , when that was denied him , his reply was , that however he would fast and pray , that god would give them repentance and patience to undergo their punishment . and his prayers were so for returned into his own bosom , that the first was granted , if we may believe a penitent behavior , and an open confession . and 't is observable , that after this time he would often say to dr. saravia , o with what quietness , did i enjoy my soul after i was free from the fears of my slander ! and how much more after a conflict and victory ever my desires of revenge ! in the year one thousand six hundred , and of his age forty six , he fell into a long and sharp sickness , occasioned by a cold taken in his passage betwixt london and gravesend , from the malignity of which , he was never recovered ; for , till his death he was not free from thoughtful days , and restless nights ; but a submission to his will that makes the sick mans bed easie , by giving rest to his soul , made his very languishment comfortable : and yet all this time he was solicitous in his study , and said often to dr. saravia , ( who saw him daily , and was the cheif● comfort of his life ) that he did not beg a long life of god for any other reason , but to live to finish his three remaining books of polity ; and then , lord , let thy servant depart in peace , which was his usual expression . and god heard his prayers , though he denied the church the benefit of them as compleated by himself ; and 't is thought he hastned his own death , by hastning to give life to his books . but this is certain , that the nearer he was to his death , the more he grew in humility , in holy thoughts and resolutions . about a moneth before his death , this good man , that never knew , or at least , never consider'd the pleasures of the palate , became first to lose his appetite , then to have an aversness to all food ; insomuch , that he seem'd to live some intermitted weeks by the smell of meat onely ; and yet still studied and writ . and now his guardian angel seem'd to foretel him , that his years were past away as a shadow , bidding him prepare to follow the generation of his fathers , for the day of his dissolution drew near ; for which his vigorous soul appear'd to thirst . in this time of his sickness , and not many days before his death , his house was robb'd ; of which , he having notice , his question was , are my books and written papers safe ? and being answered , that they were . his reply was , then it matters not , for no other loss can trouble me . about one day before his death , dr. saravia , who knew the very secrets of his soul ( for they were supposed to be confessors to each other ) came to him , and after a conference of the benefit , the necessity , and safety of the churches absolution , it was resolved the doctor should give him both that and the sacrament the day following . to which end the doctor came , and after a short retirement and privacy , they return'd to the company ; and then the doctor gave him and some of those friends that were with him , the blessed sacrament of the body and blood of our jesus . which being performed , the doctor thought he saw a reverend gaity and joy in his face ; but it lasted not long ; for his bodily infirmities did return suddenly , and became more visible , insomuch , that the doctor apprehended death ready to seise him : yet , after some amendment , left him at night , with a promise to return early the day following , which he did , and then found him better in appearance , deep in contemplation , and not inclinable to discourse ; which gave the doctor occasion to require his present thoughts : to which he replied , that he was meditating the number and nature of angels , and their blessed obedience and order , without which , peace could not be in heaven ; and oh that it might be so on earth . after which words , he said , i have lived to see this world is made up of perturbations , and i have been long preparing to leave it , and gathering comfort for the dreadful hour of making my account with god , which i now apprehend to be near : and though i have by his grace lov'd him in my youth , and fear'd him in mine age , and labor'd to have a conscience void of offence to him , and to all men ; yet , if thou , o lord , be extream to mark what i have done amiss , who can abide it ? and therefore , where i have failed , lord shew mercy to me ; for i plead not my righteousness , but the forgiveness of my unrighteousness , for his merits who died to purchase a pardon for penitent sinners . and since i ow thee a death , lord let it not be terrible , and then take thine own time , i submit to it : let not mine , o lord , but let thy will be done . with which expression he fell into a dangerous slumber , dangerous as to his recovery ; yet recover he did , but it was to speak onely these few words , good doctor , god hath heard my daily petitions ; for i am at peace with all men , and he is at peace with me ; and from which blessed assurance i feel that inward joy , which this world can neither give nor take from me . more he would have spoken , but his spirits failed him ; and , after a short conflict betwixt nature and death , a quiet sigh put a period to his last breath , and so he fell asleep . and here i draw his curtain , till with the most glorious company of the patriarks and apostles ; the most noble army of martyrs and confessors , this most learned , most humble , holy man , shall also awake to receive an eternal tranquillity , and with it a greater degree of glory then common christians shall be made partakers of ; in the mean time , bless , o lord , lord bless his brethren , the clergy of this nation with ardent desires , and effectual endeavors to attain , if not to his great learning , yet to his remarkable meekness , his godly simplicity , and his christian moderation : for these are praise-worthy ; these bring peace at the last : and let the labors of his life , his most excellent writings be bless with what he designed when he undertook them : which was glory to thee , o god on high , peace in thy church , and good will to mankinde . amen , amen . an appendix to the life of mr. richard hooker . and now having by a long and laborious search satisfied my self , and i hope my reader by imparting to him the true relation of mr. hookers life : i am desirous also to acquaint him with some observations that relate to it ; and , which could not properly fall to be spoken till after his death , of which my reader may expect a brief and true account in the following appendix . and first it is not to be doubted but that he died in the forty-seventh , if not in the forty-sixth year of his age ; which i mention , because many have believed him to be more aged ; but i have so examined it , as to be confident , i mistake not ; and for the year of his death , mr. cambden , who in his annals of queen elizabeth . mentions him with a high commendation of his life and learning , declares him to die in the year . and yet in that inscription of his monument set up at the charge of sir william cooper in borne church , where mr. hooker was buried , his death is said to be in anno . but doubtless both mistaken ; for i have it attested under the hand of william somner the archbishops register for the province of canterbury , that richard hookers will bears date october the . in anno . and that it was prov'd the third of december following . and this attested also that at his death he left four daughters , alice , cicily , iane , and margaret , that he gave to each of them a hundred pound , that he left ione his wife his sole executrix , and that by his inventory his estate ( a great part of it being in books ) came to l . . d . which was much more than he thought himself worth ; and , which was not got by his care , much less by the good huswifery of his wife , but saved by his trusty servant thomas lane , that was wiser than his master in getting money for him , and more frugal than his mistress in keeping it ; of which will i shall say no more , but that his dear friend thomas , the father of george cranmer , of whom i have spoken , and shall have occasion to say more , was one of the witnesses to it . one of his elder daughters was married to one chalinor , sometime a schoolmaster in chichester , & both dead long since , margaret his youngest daughter was married unto ezekiel chark , batchelor in divinity , and rector of s. nicholas in harbledown near canterbury , who● died about years past , and had a son ezekiel , now living , and in sacred orders , being at this time rector of waldron in sussex , she left also a daughter , with both whom i have spoken not many months past , and find her to be a widow in a condition that wants not , but far from abounding ; and these two attested unto me , that richard hooker their grandfather had a sister , by name elizabeth harvey , that liv'd to the age of , years , and died in the moneth of september , . for his other two daughters i can learn little certainty , but have heard they both died before they were marriageable ; and for his wife , she was so unlike iepthaes daughter , that she staid not a comely time to bewail her widdow-hood ; nor liv'd long enough to repent her second marriage , for which doubtless she would have found cause , if there had been but four months betwixt mr. hookers and her death . but she is dead , and let her other infirmities be buried with her . thus much briefly for his age , the year of his death , his estate , his wife , and his children . i am next to speak of his books , concerning which i shall have a necessity of being longer , or shall neither do right to my self of my reader , which is chiefly intended in this appendix . i have declared in his life , that he proposed eight books , and that his first four were printed anno . and his fifth book first printed , and alone , anno . and that he liv'd to finish the remaining three of the proposed eight ; but , whether we have the last three as finisht by himself , is a just and material question ; concerning which i do declare , that i have been told almost forty years past , by one that very well knew mr. hooker , and the affaires of his family , that about a moneth after the death of mr. hooker , bishop whitgist , then archbishop of canterbury , sent one of his chaplains to enquire of mrs. hooker , for the three remaining books of polity , writ by her husband ; of which , she would not , or could not give any account ; and i have been told that about three moneths after the bishop procured her to be sent for to london , and then by his procurement she was to be examined , by some of her majesties council , concerning the disposal of those books : but by way of preparation for the next days examination , the bishop invited her to lambeth , and , after some friendly questions , she confessed to him , that one mr. charke and another minister that dwelt near canterbury , came to her , and desired that they might go into her husbands study , and look upon some of his writings ; and that there they two burnt and tore many of them , assuring her that they were writings not fit to be seen , and that she knew nothing more concerning them . her lodging was then in kingstreet in westminster , where she was sound next morning dead in her bed , and her new husband suspected and questioned for it ; but was declared innocent of her death . and i declare also , that doctor iohn spencer ( mentioned in the life of mr. hooker ) who was of mr. hookers colledge , and of his time there , and betwixt whom there was so friendly a friendship , that they continually advised together in all their studies , and particularly in what concern'd these books of polity : this doctor spencer , the three perfect books being lost , had delivered into his hands ( i think by bishop whitgift ) the imperfect books , or first rough draughts of them , to be made as perfect as they might be , by him , who both knew mr. hookers hand-writing , and was best acquainted with his intentions . and a fair testimony of this may appear by an epistle first and usually printed before mr. hookers five books ( but omitted , i know not why , in the last impression of the eight printed together in anno . in which the publishers seem to impose the three doubtful , as the undoubted books of mr. hooker ) with these two letters i.s. at the end of the said epistle , which was meant for this iohn spencer ; in which epistle the reader may find these very words , which may give some authority to what i have here written . and though mr. hooker hastened his own death by hastening to give life to his books , yet he held out with his eyes to behold these benjamins , these sons of his right hand , though to him they prov'd benonics , sons of pain and sorrow : but , some evil disposed minds , whether of malice , or covetousness , or wicked blind zeal , it is uncertain , as soon as they were born and their fathers dead , smother'd them , and , by conveying the perfect copies , left unto us nothing but the old imperfect mangled droughts dismembred into pieces ; no favour , no grace , not the shadow of themselves remaining in them ; had the father lived to behold them thus defaced , he might rightly have named them benonies , the sons of sorrow ; but being the learned will not suffer them to die and be buried , it is intended the world shall see them as they are : the learned will find in them some shadows and resemblances of their fathers face . god grant , that as they were with their brethren dedicated to the church for messengers of peace ; so , in the strength of the little breath of life that remaineth in them , they may prosper in their work , and that by satisfying the doubts of such as are willing to learn , they may help to give an end to the calamities of these our civil wars . i. s. and next the reader may note , that this epistle of doctor spencers was writ , and first printed within four years after the death of mr. hooker , in which time , all diligent search had been made for the perfect copies ; and then granted not recoverable , and therefore indeavoured to be compleated out of mr. hookers rough draughts , as is exprest by the said doctor spencer , since whose death it is now fifty years . and i do profess by the faith of a christian , that doctor spencers wife ( who was my aunt , and sister to george cranmer of whom i have spoken ) told me forty years since , in these , or in words to this purpose , that her husband had made up or finisht mr. hookers last three books ; and that upon her husbands death-bed , or in his last sickness , he gave them into her hand , with a charge they should not be seen by any man , but be by her delivered into the hands of the then archbishop of canterbury , which was doctor abbot , or unto doctor king , bishop of london , and that she did as he injoyn'd her . i do conceive , that from doctor spencers and no other copy , there have been divers transcripts , and wereto be found in several places , as namely in sir thomas bodlies library , in that of doctor andrews late bishop of winton , in the late lord conwayes , in the archbishop of canterburies , and in the bishop of armaghs , and in many others , and most of these pretended to be the authors own hand , but much disagreeing , being indeed altered and diminisht as men have thought fittest to make mr. hookers judgment suit with their fancies ; or give authority to their corrupt designs ; and for proof of a part of this , take these following testimonies . doctor barnard , sometime chaplain to doctor usher late lord archbishop of armagh , hath declar'd in a late book called clavi trabales , printed by richard hodgkinson , anno . that in his search and examination of the said bishops manuscripts , he there found the three written books , which were the supposed sixth , seventh , and eighth of mr. hookers books of ecclesiastical polity ; and , that in the said three books ( now printed as mr. hookers ) there are so many omissions that they amount to many paragraphs ; and , which cause many incoherencies ; the omissions are by him set down at large in the said printed book , to which i refer the reader for the whole ; but think fit in this place to insert this following short part of them . first , as there could be in natural bodies no motion of any thing , unless there were some first which moved all things , and continued unmoveable ; even so in politick societies , there must be some unpunishable , or else no man shall suffer punishment ; for , sith punishments proceed always from superiors to whom the administration of iustice belongeth , which administration must have necessarily a fountain that deriveth it to all others , and receiveth not from any , ( because otherwise the course of iustice should go infinitely in a circle , every superiour having his superiour without end , which cannot be ; ) therefore , a well spring , it followeth , there is , a supreme head of iustice whereunto all are subject , but it self in subjection to none . which kinde of preheminency if some ought to have in a kingdom , who but the king shall have it ? kings therefore , or no man can have lawfull power to iudge . if private men offend , there is the magistrate over them which iudgeth ; if magistrates , they have their prince ; if princes , there is heaven a tribunal , before which they shall appear : on earth they are not accomptable to any . here says the doctor , it breaks off abruptly . and i have these words also attested under the hand of mr. fabian phillips a man of note for his useful books . i will make oath if i shall be required , that doctor sanderson the late bishop of lincoln did a little before his death affirm to me he had seen a manuscript , affirmed to him to be the hand-writing of mr. richard hooker , in which there was no mention made of the king or supreme governors being accomptable to the people ; this i will make oath that that good man attested to me . fabian phillips . so that there appears to be both omissions and additions in the said last three printed books ; and this may probably be one reason why doctor sanderson , the said learned bishop ( whose writings are so highly and justly valued ) gave a strict charge near the time of his death , or in his last will , that nothing of his that was not already printed , should be printed after his death . it is well known how high a value our learned king iames put upon the books writ by mr. hooker , as also that our late king charls ( the martyr for the church ) valued them the second of all books , testified by his commending them to the reading of his son charls that now is our gratious king ; and you may suppose that this charls the first was not a stranger to the pretended three books , because in a discourse with the lord say , when the said lord required the king to grant the truth of his argument , because it was the judgement of mr. hooker , ( quoting him in one of the three written books , ) the king replyed , they were not allowed to be mr , hookers books ; but , however he would allow them to be mr. hookers , and consent to what his lordship proposed to prove out of those doubtful books if he would but consent to the iudgment of mr. hooker in the other five that were the undoubted books of mr. hooker . in this relation concerning these three doubtful books of mr. hookers , my purpose was to enquire , then set down what i observ'd and know , which i have done , not as an engaged person , but indifferently , and now leave my reader to give sentence , for their legitimation , as to himself , but so , as to leave others the same liberty of believing , or disbelieving them to be mr. hookers ; and 't is observable , that as mr. hooker advis'd with doctor spencer , in the design and manage of these books , so also , and chiefly with this dear pupil george cranmer ( whose sister was the wife of doctor spencer ) of which this following letter may be a testimony ; and doth also give authority to some things mentioned both in this appendix , and in the life of mr. hooker ; and , is therefore added . george cranmers letter unto mr. richard hooker . february . what posterity is likely to judge of these matters concerning church discipline , we may the better conjecture , if we call to mind what our own age , within few years , upon better experience , hath already judged concerning the same . it may be remembred , that at first the greatest part of the learned in the land were either eagerly affected , or favourably inclined that way . the books then written for the most part savoured of the disciplinary stile : it sounded everywhere in pulpits , and in common phrase of mens speech : the contrary part began to fear they had taken a wrong course ; many which impugned the discipline , yet so impugned it , not as not being the better form of government , but as not being so convenient for our state , in regard of dangerous innovations thereby like to grow ; * one man alone there was , to speak of , ( whom let no suspition of flattery deprive of his deserved commendation , ) w●o in the defiance of the one part , and courage of the other , stood in the gap , and gave others respite to prepare themselves to the defence , which by the sudden eagerness and violence of their adversaries had otherwise been prevented ; wherein god hath made good unto him his own impress , vincit qui patitur ; for what contumelious indignities he hath at their hands sustained , the world is witness , and what reward of honour above his adversaries god hath bestowed upon him , themselves ( though nothing glad thereof ) must needs confess . now of late years the heat of men towards the discipline is greatly decayed , their judgements begin to sway on the other side : the learned have weighed it , and found it light ; wise men conceive some fear , left it prove not only not the best kind of government , but the very bane and destruction of all government . the cause of this change in mens opinions may be drawn from the general nature of error , disguised and cloathed with the name of truth ; which is mightily and violently to possess men at first , but afterwards , the weakness thereof being by time discovered , to lose that reputation , which before it had gained ; as by the outside of an house the passers by are oftentimes deceived , till they see the conveniencie of the rooms within : so by the very name of discipline and reformation , men were drawn at first to cast a fancy towards it , but now they have not contented themselves only to pass by and behold afar off the fore-front of this reformed house ; they have entred in , even at the special request of master-workmen and chief builders thereof ; they have perused the roomes , the lights , the conveniencies , they find them not answerable to that report which was made of them . nor to that opinion which upon report they had conceived : so as now the discipline which at first triumphed over all , being unmasked , beginneth to droop and hang down her head . this cause of change in opinion concerning the discipline , is proper to the learned , or to such as by them have been instructed ; another cause there is more open , and more apparent to the view of all , namely , the course of practice , which the reformers have had with us from the beginning ; the first degree was only some small difference about cap and surplice , but not such as either bred division in the church , or tended to the ruine of the government established . this was peaceable ; the next degree more stirring . admonitions were directed to the parliament in peremptory sort against our whole form of regiment ; in defence of them , volumes were published in english , and in latin ; yet this was no more than writing , devices were set on foot to erect the practice of the discipline without authority : yet herein some regard of modesty , some moderation was used ; behold , at length it brake forth into open outrage , first in writing by martin , in whose kind of dealing these things may be observed ; first that whereas t. c. and others his great masters had alwayes before set out the discipline as a queen , and as the daughter of god ; he contrariwise , to make her more acceptable to the people , brought her forth as a vice upon the stage . : this conceit of his was grounded ( as may be supposed ) upon this rare polity , that seeing the discipline was by writing refuted , in parliament rejected , in secret corners hunted out and decried , it was imagined that by open rayling ( which to the vulgar is commonly most plausible ) the state ecclesiastical might have been drawn into such contempt and hatred , as the overthrow thereof should have been most grateful to all men , and in manner desired of the common people . . it may be noted ( and this i know my self to be true ) how some of them , although they could not for shame approve so lewd an action , yet were content to lay hold on it to the advancement of their cause , acknowledging therein the secret judgements of god against the bishops , and hoping that some good might be wrought thereby for his church , as indeed there was , though not according to their construction . for . contrary to their expectation , that railing spirit did not only not further , but extremely disgrace and prejudice their cause , when it was once perceived from how low degrees of contradiction , at first , to what outrage of contumely and slander they were at length proceeded ; and were also likely further to proceed . a further degree of outrage was in fact ; certain * prophets did arise , who deeming it not possible that god should suffer that to be undone , which they did so fiercely desire to have done , namely , that his holy saints , the favourers and fathers of the discipline , should be enlarged , and delivered from persecution ; and seeing no means of deliverance ordinary , were fain to perswade themselves that god must needs raise some extraordinary means ; and being perswaded of none so well as of themselves , they forthwith must need she the instruments of this great work . hereupon they framed unto themselves an assured hope that upon their preaching out of a pease cart , all the multitude would have presently joyned unto them , and in amazement of mind have asked them , viri sratres , quid agimus ? whereunto it is likely they would have returned an answer far unlike to that of st. peter , such and such are men unworthy to govern , pluck them down ; such and such are the dear children of god , let them be advanced . of two of these men , it is meet to speak with all commiseration , yet so that others by their example may receive instruction , and withall some light may appear , what stirring affections the discipline is like to inspire , if it light upon apt and prepared minds . now if any man doubt of what society they were , or if the reformers disclaim them , pretending that by them they were condemned , let these points be considered . . whose associates were they before they entered into this frantick passion ; whose sermons did they frequent ? whom did they admire ? . even when they were entering into it , whose advice did they require ? and when they were in , whose approbation ? whom advertised they of their purpose ? whose assistance by prayers did they request ? but we deal injuriously with them to lay this to their charge ; for they reproved and condemned it . how ? did they disclose it to the magistrate , that it might be suppressed ? or were they not rather content to stand aloof off , and see the end of it , and loth to quench the spirit ? no doubt these mad practitioners were of their society with whom before , and in the practice of their madness they had most affinity . hereof , read doctor bancrofts book . a third inducement may be to dislike of the discipline , if we consider not only how far the reformers themselves have proceeded , but what others upon their foundations have built . here come the brownists in the first rank , their lineal descendants , who have seised upon a number of strange opinions ; whereof , although their ancestors , the reformers , were never actually possessed , yet by right and interest from them derived , the brownists and barrowists have taken possession of them : for if the positions of the reformers be true , i cannot see how the main and general conclusions of brownism should be false ; for upon these two points , as i conceive , they stand . . that because we have no church , they are to sever themselves from us . . that without civil authority , they are to erect a church of their own . and if the former of these be true , the latter , i suppose , will follow : for if above all things , men be to regard their salvation ; and if out of the church , there be no salvation ; it followeth , that if we have no church , we have no means of salvation : and therefore separation from us , in that respect , is both lawful and necessary . as also , that men so separated from the false and counterfeit church , are to associate themselves unto some church ; not to ours ; to the popish much less ; therefore to one of their own making . now the ground of all these inferences being this , [ that in our church , there is no means of salvation ] is out of the reformers principles most clearly to be proved . for wheresoever any matter of faith unto salvation necessary is denied , there can be no means of salvation : but in the church of england , the discipline by them accounted a matter of faith , and necessary to salvation , is not onely denied , but impugned , and the professors thereof oppressed . ergo. again , ( but this reason perhaps is weak ) every true church of christ acknowledgeth the whole gospel of christ : the discipline , in their opinion , is a part of the gospel , and yet by our church resisted . ergo. again , the discipline is essentially united to the church : by which term essentially , they must mean either an essential part , or an essential property . both which ways it must needs be , that where that essential discipline is not , neither is there any church . if therefore between them , and the brownists , there should be appointed a solemn disputation , whereof with us they have been oftentimes so earnest challengers : it doth not yet appear what other answer they could possibly frame to these and the like arguments , wherewith they might be pressed , but fairly to deny the conclusion ( for all premises are their own ) or rather ingenuously to reverse their own principles before laid , whereon so soul absurdities have been so firmly built . what further proofs you can bring out of their high words , magnifying the discipline , i leave to your better remembrance : but above all points , i am desirous this one should be strongly inforced against them , because it wringeth them most of all , and is of all others ( for ought i see ) the most unanswerable ; you may notwithstanding say , that you would be heartily glad these their positions might so be salved , as the brownists might not appear to have issued out of their loyns ; but until that be done , they must give us leave to think that they have cast the seed whereout these tares are grown . another sort of men there are , which have been content to run on with the reformers for a time , and to make them poor instruments of their own designs . these are a sort of godless politicks , who perceiving the plot of discipline to consist of these two parts , the overthrow of episcopal , and erection of presbyterial authority ; and that this latter can take no place till the former be remov'd , are content to joyn with them in the destructive part of discipline , bearing them in hand , that in the other also , they shall finde them as ready . but when time shall come , it may be they would be as loth to be yoaked with that kinde of regiment , as now they are willing to be released from this . these mens ends in all their actions ; is distraction ; their pretence and colour , reformation . those things which under this colour they have effected to their own good , are , . by maintaining a contrary faction , they have kept the clergy always in aw ; and thereby made them more pliable and willing to buy their peace . . by maintaining an opinion of equality among ministers , they have made way to their own purposes for devouring cathedral churches , and bishops livings . . by exclaiming against abuses in the church , they have carried their own corrupt dealings in the civil state more covertly ; for such is the nature of the multitude , they are not able to apprehend many things at once , so as being possessed with a dislike or liking of any one thing , many other , in the meantime , may escape them , without being perceived . . they have sought to disgrace the clergy , in entertaining a conceit in mens minds , and confirming it by continual practice , that men of learning , and specially of the clergy , which are imployed in the chiefest kinde of learning , are not to be admitted , of sparingly admitted to matters of state ; contrary to the practice of all well-governed commonwealths , and of our own , till these late years . a third sort of men there are , though not descended from the reformers , yet in part raised and greatly strengthned by them , namely , the cursed crew of atheists . this also is one of those points which i am desirous you should handle most effectually , and strain your self therein to all points of motion and affection , as in that of the brownists , to all strength and sinews of reason . this is a sort most damnable , and yet by the general suspition of the world at this day most common . the causes of it , which are in the parties themselves , although you handle in the beginning of the fift book , yet here again they may be touched ; but the occasions of help and furtherance , which by the reformers have been yielded unto them , are , as i conceive , two , senseless preaching , and disgracing of the ministry : for how should not men dare to impugn that , which neither by force of reason , nor by authority of persons is maintained ? but in the parties themselves , these two causes . i conceive of atheism , . more abundance of wit then judgment , and of witty then judicious learning , whereby they are more inclined to contradict any thing , then willing to be informed of the truth . they are not therefore men of sound learning for the most part , but smatterers ; neither is their kinde of dispute so much by force argument , as by scoffing : which humor of scoffing , and turning matters most serious into merriment , is now become so common , as we are not to marvel what the prophet means by the ●eat of scorners , nor what the apostles by foretelling of scorners to come ; our own age hath verified their speech unto us ; which also may be an argument against these scoffers and atheists themselves , seeing it hath been so many ages ago foretold , that such men the latter days of the world should afford , which could not be done by any other spirit , save that whereunto things future and present are alike . and even for the main question of the resurrection , whereat they stick so mightily , was it not plainly foretold , that men should in the latter times say , where is the promise of his coming ? against the creation , the ark , and divers other points , exceptions are said to be taken ; the ground whereof is superfluity of wit , without ground of learning and judgment . a second cause of atheism , is sensuality ; which maketh men desirous to remove all stops and impediments of their wicked life ; amongst which , because religion is the chiefest , so as neither in this life without shame they can persist therein , nor ( if that be true ) without torment in the life to come ; they whet their wits to annihilate the joys of heaven , wherein they see ( if any such be ) they can have no part ; and likewise the pains of hell , wherein their portion must needs be very great . they labor therefore , not that they may not deserve those pains , but that deserving them , there may be no such pains to seize upon them : but what conceit can be imagined more base , then that man should strive to perswade himself , even against the secret instinct ( no doubt ) of his own minde , that his soul is as the soul of a beast , mortal and corruptible with the body ? against which barbarous opinion , their own atheism is a very strong argument ; for were not the soul a nature separable from the body , how could it enter into discourse of things meerly spiritual , and nothing at all pertaining to the body ? surely , the soul were not able to conceive any thing of heaven , no nor so much as to dispute against heaven , and against god , if there were nor in it somewhat heavenly , and derived from god. the last which have received strength and encouragement from the reformers , are papists ; against whom , although they are most bitter enemies , yet unwittingly they have given them great advantage . for what can any enemy rather desire , then the breach and dissention of those which are confederates against him ? wherein they are to remember , that if our communion with papists in some few ceremonies do so much strengthen them , as is pretended , how much more doth this division and rent among our selves , especially seeing it is maintained to be , not in light matters onely , but even in matter of faith and salvation ? which over-reaching speech of theirs , because it is so open to advantage for the barrowist and the papist , we are to wish and hope for , that they will acknowledge it to have been spoken rather in heat of affection , then with soundness of judgment ; and that through their exceeding love that creature of discipline which themselves have bred , nourished , and maintained , their mouth in commendation of her , did soon overflow . from hence you may proceed ( but the means of connexion i leave to your self ) to another discourse , which i think very meet to be handled , either here or els where at large ; the parts whereof may be these . . that in this cause between them and us , men are to sever the proper and essential points in controversie , from those which are accidental . the most essential and proper are these two ; overthrow of episcopal , erection of presbyterial authority . but in these two points whosoever joyneth with them , is a counted of their number ; whosoever in all other points agreeth with them , yet thinketh the authority of bishops not unlawful , and of elders not necessary , may justly be severed from their retinue . those things therefore which either in the persons , or in the laws and orders themselves are faulty , may be complained on , acknowledged , and amended ; yet they no whit the nearer their main purpose : for what if all errors by them supposed in our liturgy were amended , even according to their own hearts desire ; if non-residence , pluralities , and the like , were utterly taken away ; are their lay-elders therefore presently authorised , or their soveraign ecclesiastical iurisdiction established ? but even in their complaining against the outward and accidental matters in church-government , they are many ways faulty . . in their end which they propose to themselves . for in declaiming against abuses , their meaning is not to have them redressed , but by disgracing the present state to make way for their own discipline . as therefore in venice , if any senator should discourse against the power of their senate , as being either too soveraign or too weak in government , with purpose to draw their authority to a moderation , it might well be suffered ; but not so , if it should appear he spake with purpose to induce another state by depraving the present : so in all causes belonging either to church or commonwealth , we are to have regard , what minde the complaining part doth bear , whether of amendment or innovation , and accordingly , either to suffer or suppress it . their objection therefore is frivolous , why may not men speak against abuses ? yes ; but with desire to cure the part affected , not to destroy the whole . . a second fault is in their manner of complaining , not onely because it is for the most part in bitter and reproachful terms , but also it is to the common people , who are iudges incompetent and insufficient , both to determine any thing amiss ; and for want of skill and authority , to amend it . which also discovereth their intent and purpose to be rather destructive then corrective . . thirdly , those very exceptions which they take , are frivolous and impertinent . some things indeed they accuse as impious , which if they may appear to be such , god forbid they should be maintained . against the rest it is onely alleged , that they are idle ceremonies without use , and that better and more profitable might be devised ; wherein they are doubly deceiv'd : for neither is it a sufficient plea to say , this must give place , because a better may be devised ; because in our judgments of better and worse , we oftentimes conceive amiss , when we compare those things which are in device , with those which are in practice : for the imperfections of the one are hid , till by time and tryal they be discovered ; the others are already manifest and open to all . but last of all , ( which is a point in my opinion of great regard , and which i am desirous to have enlarg'd ) they do not see that for the most part when they strike at the state ecclesiastical , they secretly wound the civil state : for personal faults , what can be said against the church , which may not also agree to the commonwealth ? in both statesmen have always been , and will be always , men , sometimes blinded with error , most commonly perverted by passions : many unworthy have been and are advanced in both , many worthy not regarded . and as for abuses which they pretend to be in the laws themselves , when they inveigh against non-residence , do they take it a matter lawful or expedient in the civil state , for a man to have a great and gainful office in the north , himself continually remaining in the south ? he that hath an office , let him attend his office. when they condemn plurality of livings spiritual to the pit of hell ; what think they of infinite of temporal promotions ? by the great philosopher , pol. lib. . cap. . it is forbidden as a thing most dangerous to commonwealths , that by the same man many great offices should be exercised . when they deride our ceremonies as vain and frivolous , were it hard to apply their exceptions , even to those civil ceremonies which at the coronation , in parliament , and all courts of iustice are used ? were it hard to argue , even against circumcision , the ordinance of god , as being a cruel ceremony ? against the passover , as being ridiculous , should be gi●t , a staff in their hand , to eat a lamb ? to conclude : you may exhort the clergy , ( or , what if you direct your conclusion not to the clergy in general , but onely to the learned in or of both universities ? ) you may exhort them to a due consideration of all things , and to a right esteem and valuing of each thing in that degree wherein it ought to stand : for it oftentimes falleth out , that what men have either devised themselves , or greatly delighted in ; the price and the excellency thereof , they do admire above desert . the chiefest labor of a christian should be know ; of a minister , to preach christ crucified : in regard whereof , not onely worldly things , but things otherwise precious , even the discipline it self , is vile and base . whereas now , by the heat of contention and violence of affection , the zeal of men towards the one , hath greatly decayed their love to the other . hereunto therefore they are to be exhorted , to preach christ crucified , the mortification of the flesh , the renewing of the spirit ; not those things which in time of strife seem precious , but ( passions being allayed ) are vain and childish . geo. cranmer . this epitaph was long since presented to the world in memory of mr. hooker , by sir william cooper , who also built him a fair monument in borne-church , and acknowledges him to have been his spiritual father . though nothing can be spoke worthy his fame , or the remembrance of that precious name , iudicious hooker ; though this cost be spent on him , that hath a lasting monument in his own books ; yet , ought we to express , if not his worth , yet oue respectfulness . church ceremonies he maintaiu'd : then why without all ceremony should he die . was it because his life and death should be both equal patterns of humility ; or , that perhaps this onely glorious one was above all , to ask , why had he none : yet he that lay so long obscurely low , doth now preferr'd to greater honors go . ambitious men , learn hence to be more wise ; humility is the true way to rise : and god in me this lesson did inspire , to bid this humble man , friend sit up higher . to the most reverend father in god , my very good lord , the lord archbishop of canterbury his grace , primate and metropolitan of all england . most reverend in christ , the long continued , and more then ordinary favor , which hither to your grace hath been pleased to shew towards me , may justly claim at my hands some thankful acknowledgment thereof . in which consideration , as also for that i embrace willingly the ancient received course , and conveniency of that discipline , which teacheth inferior degrees and orders in the church of god , to submit their writings to the same authority , from which their allowable dealings whatsoever , in such affairs , must receive approbation , i nothing fear but that your accustomed clemency will take in good worth , the offer of these my simple and mean labors , bestowed for the necessary justification of laws heretofore made questionable , because , as i take it , they were not perfectly understood : for surely , i cannot finde any great cause of just complaint , that good laws have so much been wanting unto us , as we to them . to seek reformation of evil laws , is a commendable endeavor ; but for us the more necessary , is a speedy redress of our selves . we have on all sides lost much of our first fervency towards god ; and therefore concerning our own degenerated ways , we have reason to exhort with st. gregory , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let us return again unto that which we sometime were ; but touching the exchange of laws in practice , with laws in device , which , they say , are better for the state of the church , if they might take place , the farther we examine them , the greater cause we finde to conclude 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , although we continue the same we are , the harm is not great . these fervent reprehenders of things established by publick authority , are always confident and bold spirited men . but their confidence for the most part riseth from too much credit given to their own wits , for which cause they are seldom free from error . the errors which we seek to reform in this kinde of men , are such as both received at your own hands their first wound , and from that time to this present , have been proceeded in with that moderation , which useth by patience to suppress boldness , and to make them conquer that suffer . wherein considering the nature and kinde of these controversies , the dangerous sequels whereunto they were likely to grow , and how many ways we have been thereby taught wisdom , i may boldly aver concerning the first , that as the weightiest conflicts the church hath had , were those which touched the head , the person of our savior christ ; and the next of importance , those questions which are at this day between us and the church of rome , about the actions of the body of the church of god ; so these which have lastly sprung up from complements , rites , and ceremonies of church actions , are in truth , for the greatest part , such silly things , that very easiness doth make them hard to be disputed of in serious manner . which also may seem to be the cause , why divers of the reverend prelacy , and other most judicious men , have especially bestowed their pains about the matter of jurisdiction . notwithstanding , led by your graces example , my self have thought it convenient to wade through the whole cause , following that method which searcheth the truth by the causes of truth . now if any marvel , how a thing in it self so weak , could import any great danger , they must consider not so much how small the spark is that flieth up , as how apt things about it , are to take fire . bodies politick being subject as much as natural , to dissolution , by divers means ; there are undoubtedly more estates overthrown through diseases , bred within themselves , then through violence from abroad ; because our manner is always to cast a doubtful and a more suspicious eye towards that ; over which we know we have least power : and therefore , the fear of external dangers , causeth forces at home to be the more united . it is to all sorts a kinde of bridle , it maketh vertuous mindes watchful , it holdeth contrary dispositions in suspense , and it setteth those wits on work in better things , which could be else imployed in worse ; whereas on the other side , domestical evils , for that we think we can master them at all times , are often permitted to run on forward , till it be too late to recal them . in the mean while , the commonwealth is not onely through unsoundness so far impaired , as those evils chance to prevail ; but farther also , through opposition arising between the unsound parts and the sound , where each endeavoreth to draw evermore contrary ways , till destruction in the end , bring the whole to ruine . to reckon up how many causes there are , by force whereof divisions may grow in a commonwealth , is not here necessary . such as rise from variety in matter of religion , are not onely the farthest spred , because in religion all men presume themselves interessed alike , but they are also for the most part , hotlier prosecuted and pursued then other strifes ; for as much as coldness , which in other contentions , may be thought to proceed from moderation , is not in these so favorably construed . the part which in this present quarrel , striveth against the current and stream of laws , was a long while nothing feared , the wisest contented not to call to minde how errors have their effect , many times not proportioned to that little appearance of reason , whereupon they would seem built , but rather to the vehement affection or fancy which is cast towards them , and proceedeth from other causes . for there are divers motives drawing men to favor mightily those opinions , wherein their perswasions are but weakly setled ; and if the passions of the minde be strong , they easily sophisticate the understanding , they make it apt to believe upon very slender warrant , and to imagine infallible truth , where scarce any probable shew appeareth . thus were those poor seduced creatures , hacquet and his other two adherents , whom i can neither speak nor think of , but with much commisseration and pity . thus were they trained by fair ways first , accompting their own extraordinary love to his discipline , a token of gods more then ordinary love towards them . from hence they grew to a strong conceit , that god which had moved them to love his discipline , more then the common sort of men did , might have a purpose by their means to bring a wonderful work to pass , beyond all mens expectation ; for the advancement of the throne of discipline by some tragical execution , with the particularities , whereof it was not safe for their friends to be made acquainted ; of whom , they did therefore but covertly demand , what they thought of extraordinary motions of the spirit in these days ; and withal request to be commended unto god by their prayers , whatsoever should be undertaken by men of god , in meer zeal to his glory , and the good of his distressed church . with this unusual and strange course they went on forward , till god , in whose heaviest worldly judgments , i nothing doubt , but that there may lie hidden mercy , gave them over their own inventions , and left them made , in the end , an example for head-strong and inconsiderate zeal , no less fearful then achitophel , for proud and irreligious wisdom . if a spark of error have thus far prevailed , falling even where the wood was green , and farthest off , to all mens thinking , from any inclination unto furious attempts , must not the peril thereof , be greater in men whose mindes are of themselves as dry sewel , apt beforehand unto tumults , seditions , and broyls ? but by this we see in a cause of religion , to how desperate adventures , men will strain themselves for relief of their own part , having law and authority against them . furthermore , let not any man think , that in such divisions , either part can free it self from inconveniencies , sustained not onely through a kinde of truce ; which vertue on both sides , doth make with vice , during war between truth and error ; but also , in that there are hereby so fit occasions ministred for men to purchase to themselves welwillers by the colour , under which they oftentimes prosecute quarrels of envy or inveterate malice , and especially , because contentions were as yet never able to prevent two evils : the one a mutual exchange of unseemly and unjust disgraces , offered by men , whose tongues and passions are out of rule ; the other , a common hazard of both , to be made a prey by such as study how to work upon all occurents , with most advantage in private . i deny not therefore , but that our antagonists in these controversies , may peradventure have met with some , not unlike to ithacius , who mightily bending himself by all means against the heresie of priscillian , ( the hatred of which one evil , was all the vertue he had ) became so wise in the end , that every man , careful of vertuous conversations , studious of scripture , and given unto any abstinence in diet , was set down in his kalender of suspected priscillianists , for whom it should be expedient to approve their soundness of faith , by a more licencious and loose behavior . such proctors and patrons the truth might spare : yet is not their grossness so intolerable , as on the contrary side , the scurrilous and more then satyrical immodesty of martinism ; the first published schedules whereof , being brought to the hands of a grave and a very honorable knight , with signification given , that the book would refresh his spirits , he took it , saw what the title was , read over an unsavory sentence or two , and delivered back the libel with this answer . i am sorry you are of the minde to be solaced with these sports , and sorrier you have herein thought mine affection to be like your own . but as these sores on all hands lie open , so the deepest wounds of the church of god , have been more softly and closely given . it being perceived , that the plot of discipline did not onely bend it self to reform ceremonies , but seek farther to erect a popular authority of elders , and to take away episcopal jurisdiction , together with all other ornaments and means , whereby any difference or inequality is upheld in the ecclesiastical order ; towards this destructive part , they have found many helping hands , divers although peradventure not willing to be yoked with elderships , yet contented ( for what intent god doth know ) to uphold opposition against bishops , not without greater hurt to the course of their whole proceedings in the business of god and her majesties service , then otherwise much more weighty adversaries had been able by their own power to have brought to pass . men are naturally better contented to have their commendable actions supprest , then the contrary much divulged . and because the wits of the multitude are such , that many things they cannot lay hold on at once , but being possest with some notable either dislike or liking of any one thing whatsoever , sundry other in the mean time may escape them unperceived : therefore if men desirous to have their vertues noted , do in this respect grieve at the same of others , whose glory obscureth and darkness theirs , it cannot be chosen , but that when the ears of the people are thus continually beaten with exclamations against abuses in the church ; these tunes come always most acceptable to them , whose odious and corrupt dealings in secular affairs , both pass by that mean the more covertly ; and whatsoever happen , do also the least feel that scourge of vulgar imputation , which notwithstanding they most deserve . all this considered , as behoveth , the sequel of duty on our part , is onely that which our lord and saviour requireth , harmless discretion , the wisdom of serpents tempered with the innocent meekness of doves : for this world will teach them wisdom , that have capacity to apprehend it . our wisdom in this case must be such , as doth not propose to it self 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our own particular , the partial and immoderate desire whereof , poysoneth wheresoever it taketh place : but the scope and mark which we are to aim at , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the publick and common good of all ; for the easier procurement whereof , our diligence must search out all helps and furtherances of direction , which scriptures , counsels , fathers , histories , the laws and practices of all churches , the mutual conference of all mens collections and observations may afford : our industry must even anatomize every particle of that body , which we are to uphold sound ; and because , be it never so true which we teach the world to believe , yet if once their affections begin to be alienated , a small thing perswadeth them to change their opinions , it behoveth , that we vigilantly note and prevent by all means those evils , whereby the hearts of men are lost ; which evils for the most part being personal , do arm in such sort the adversaries of god and his church against us , that if through our too much neglect and security the same should run on , soon might we feel our estate brought to those lamentable terms , whereof this hard and heavy sentence was by one of the ancients uttered upon like occasions . dolens dico , gemens denuncio , sacerdotium quod apud nos intus cecidit , foris diu stare non poterit . but the gracious providence of almighty god hath , i trust , put these thorns of contradiction in our sides , lest that should steal upon the church in a slumber , which now , i doubt not , but through his assistance , may be turned away from us , bending thereunto our selves with constancy , constancy in labor to do all men good , constancy in prayer unto god for all men ; her especially , whose sacred power matched with incomparable goodness of nature , hath hitherto been gods most happy instrument , by him miraculously kept for works of so miraculous preservation and safety unto others ; that as , by the sword of god and gedeon , was sometime the cry of the people of israel , so it might deservedly be at this day the joyful song of innumerable multitudes , yea , the emblem of some estates and dominions in the world , and ( which must be eternally confest even with tears of thankfulness ) the true inscription , stile , or title of all churches as yet standing within this realm , by the goodness of almighty god , and his servant elizabeth , we are● that god , who is able to make mortality immortal , give her such future continuance as may be no less glorious unto all posterity , then the days of her regiment past have been happy unto our selves ; and for his most dear anointeds sake , grant them all prosperity , whose labors , cares , and counsels , unfeignedly are referred to her endless welfare , through his unspeakable mercy , unto whom we all owe everlasting praise . in which desire i will here rest , humbly beseeching your grace , to pardon my great boldness , and god to multiply his blessings upon them that fear his name . your graces in all duty , richard hooker . a preface to them that seek ( as they term it ) the reformation of laws and orders ecclesiastical , in the church of england . though for no other cause , yet for this , that posterity may know we have not loosly through silence , permitted things to pass away as in a dream , there shall be for mens information extant thus much concerning the present state of the church of god , established amongst us , and their careful endeavor which would have uphold the same . at your hands , beloved in our lord and saviour iesus christ , ( for in him the love which we bear unto all that would but seem to be born of him , it is not the sea of your gall and bitterness that shall ever drown ) i have no great cause to look for other , then the self-same portion and lot , which your manner hath been hitherto to lay on them that concur not in opinion and sentence with you . but our hope it , that the god of peace shall ( notwithstanding mans nature ; too impatical of contumelious malediction ) enable us quietly , and even gladly to suffer all things for that work sake , which we covet to perform . the wonderful seal and fervor wherewith ye have with stood the received orders of this church , was the first thing which caused me to enter into consideration , whether ( as all your published books and writings peremptorily maintain ) every christian man fearing god , stand bound to joyn with you for the furtherance of that which ye term the lords discipline . wherein i must plainly confess unto you , that before i examined your sundry declarations in that behalf , it could not settle in my head to think , but that undoubtedly such numbers of otherwise right well-affected and most religiously enclined minds , had some marvellous reasonable enducements which led them with so great earnestness that way , but when once , as near as my slender ability would serve , i had with travel and care performed that part of the apostles advice and counsel in such cases , whereby be willeth to try all things , and was come at the length so far , that there remained only the other clause to be satisfied , wherein he concludeth , that what good is , must be held : there was in my poor understanding no remedy , but to set down this as my final resolute perswasion . surely , the present form of church government , which the laws of this land have established , is such , as no law of god , nor reason of man hath hitherto been alledged of force , sufficient to prove they do ill , who to the uttermost of their power , withstand the alteration thereof . contrariwise , the other , which instead of it , we are required to accept , is onely by error and misconceipt , named the ordinance of jesus christ , no one proof as yet brought forth , whereby it may clearly appear to be so in very deed . the explication of which two things , i have here thought good to offer into your own hands ; heartily beseeching you , even by the meekness of iesus christ , whom i trust ye love , that , as ye tender the peace and quietness of this church , if there be in you that gracious humility which hath ever been the crown and glory of a christianly disposed minde : if your own souls , hearts , and consciences , ( the sound integrity whereof can but hardly stand with the refusal of truth in personal respects ) be , as i doubt not , but they are things most dear and precious unto you : let not the faith which ye have in our lord jesus christ , be blemished with partialities , regard not who it is which speaketh , but weigh onely what is spoken . think not that ye read the words of one who bendeth himself as an adversary against the truth , which ye have already embraced , but the words of one , who desireth even to embrace together with you the self same truth , if it be the truth ; and for that cause ( for no other , god he knoweth ) hath undertaken the burthensom labor of this painful kinde of conference . for the plainer access whereunto , let it be lawful for me to rip up the very bottom , how , and by whom your discipline was planted , at such time as this age we live in , began to make first tryal thereof . . a founder it had , whom , for mine own part , i think incomparably the wisest man that ever the french church did injoy , since the hour it injoyed him , his bringing up was in the study of the civil law. divine knowledge he gathered not by hearing or reading so much , as by teaching others . for though thousands were debters to him , as touching knowledge in that kinde , yet be to none but onely to god , the author of that most blessed fountain the book of life , and of the admirable dexterity of wit , together with the helps of other learning which were his guides ; till being occasioned to leave france , he sell at the length upon geneva . which city , the bishop and clergy thereof , had a little before ( as some affirm ) forsaken , being of likelihood frighted with the peoples sudden attempt for abolishment of popish religion ; the event of which enterprize , they thought it not safe for themselves to wait for in that place . at the coming of calvin thither , the form of their civil regiment was popular , as it continueth at this day : neither king , nor duke , nor nobleman of any authority or power over them , but officers chosen by the people out of themselves , to order all things with publick consent . for spiritual government , they had no laws at all agreed upon , but did what the pastors of their souls , by perswasion , could win them unto . calvin being admitted one of their preachers and a divinity-reader amongst them , considered how dangerous it was , that the whole estate of that church should hang still on so slender a thred , as the liking of an ignorant multitude is , if it have power to change whatsoever it self listeth . wherefore taking unto him two of the other ministers , for more countenance of the action ( albeit the rest were all against it ) they moved , and in the end perswaded , with much ado , the people to binde themselves by solemn oath , first , never to admit the papecy amongst them again ; and secondly , to live in obedience unto such orders concerning the exercise of their religion , and the form of their ecclesiastical government , as those their true and faithful ministers of gods word had agreeably to scripture set down for that end and purpose . when these things began to be put in ure , the people also ( what causes moving them thereunto , themselves best know ) began to repent them of that they had done , and irefully to champ upon the bit they had taken into their mouths , the rather , for that they grew by means of this innovation into dislike with some churches near about them , the benefit of whose good friendship , their state could not well lack . it was the manner of those times , ( whether through mens desire , to enjoy alone the glory of their own enterprises , or else , because the quickness of their occasions required present dispatch ; ) so it was , that every particular church did that within it self , which some few of their own thought good , by whom the rest were all directed . such number of churches then being , though free within themselves , yet small common conference before-hand might have eased them of much after trouble . but a great inconvenience it bred , that every later endeavored to be certain degrees more removed from conformity with the church of rome , then the rest before had been ; whereupon grew marvellous great dissimilitudes , and by reason thereof , jealousies , heart-burnings , jars , and discords amongst them . which notwithstanding might have easily been prevented , if the orders which each church did think fit and convenient for it self , had not so peremptorily been established under that high commanding form , which rendred them unto the people , as things everlastingly required by the law of the lord of lords , against whose statutes there is no exception to be taken . for by this mean it came to pass , that one church could not but accuse and condemn another of disobedience to the will of christ , in those things where manifest difference was between them ; whereas the self-same orders allowed , but yet established in more wary and suspence manner , as bring to stand in force till god should give the opportunity of some general conference , what might be best for every of them afterwards to do : this , i say , had both prevented all occasion of just dislike which others might take , and reserved a greater liberty unto the authors themselves , of entring into farther consultation afterwards . which though never so necessary , they could not easily now admit , without some fear of derogation from their credit : and therefore that which once they had done ; they became for ever after resolute to maintain . calvin therefore , and the other two his associates , stifly refusing to administer the holy communion to such as would not quietly , without contradiction and murmur , submit themselves unto the orders which their solemn oath had bound them to obey , were in that quarrel , banished the town , a few years after ( such was the levity of that people ) the places of one or two of their ministers being faln void , they were not before so willing to be rid of their learned pastor , as now importunate to obtain him again from them who had given him entertainment , and which were loth to part with him , had not unresistable earnestness been used . one of the town-ministers that saw in what manner the people were bent for the revocation of calvin , gave him notice of their affection in this sort . the senate of two hundred being assembled , they all crave calvin . the next day a general convocation , they cry in like sort again all : we will have calvin , that good and learned man , christs minister . this , saith he , when i understood , i could not chuse but praise god ; nor was i able to judge otherwise , then that this was the lords doing , and that it was marvellous in our eyes ; and that the stone which the builders refused , was now made the head of the corner . the other two whom they had thrown out ( together with calvin ) they were content should enjoy their exile . many causes might lead them to be more desirous of him . first , it is yielding unto them in one thing , might happily put them in hope , that time would breed the like easiness of condescending further unto them : for in his absence be had perswaded them , with whom he was able to prevail ; that albeit , himself did better like of common bread to be used in the eucharist , yet the other they rather should accept , then cause any trouble in the church about it . again , they saw that the name of calvin waxed every day greater abroad , and that together with his fame , their infamy was spred , who had so rashly and childishly ejected him . besides , it was not unlikely , but that his credit in the world , might many ways stand the poor town in great stead : as the truth is , their ministers foreign estimation hitherto hath been the best stake in their hedge . but whatsoever secret respects were likely to move them , for contenting of their mindes , calvin returned ( as it had been another tully ) to his old home . he ripely considered how gross a thing it were for men of his quality , wise and grave men , to live with such a multitude , and to be tenants at will under them ; as their ministers , both himself and others had been . for the remedy of which inconvenience , he gave them plainly to understand , that if he did become their teacher again , they must be content to admit a compleat form of discipline , which both they and also their pastors , should now be solemnly sworn to observe for ever after : of which discipline , the main and principal parts were these . a standing ecclesiastical court to be established : perpetual iudges in that court to be their ministers ; others of the people annually chosen ( twice so many in number as they ) to be iudges together with them in the same court. these two sorts , to have the care of all mens manners , power of determining of all kinde of ecclesiastical causes , and authority to convent , to controll , to punish , as far as with excommunication , whom soever they should think worthy , none either small or great excepted . this device , i see not , how the wisest at that time living , could have bettered , if we duly consider what the present state of geneva did then require : for their bishop and his clergy being ( as it is said ) departed from them by moon-light ; or howsoever , being departed , to chuse in his room any other bishop , had been a thing altogether impossible : and for their ministers to seek , that themselves alone might have coercive power over the whole church , would perhaps have been hardly construed at that time . but when so frank an offer was made ; that for every one minister , there should be two of the people to sit and give voice in the ecclesiastical consistory , what inconvenience could they easily finde which themselves might not be able always to remedy ? howbeit ( as ever more the simpler sort are , even when they see no apparent cause , jealous , notwithstanding , over the secret intents and purposes of wiser men ) this proposition of his did somewhat trouble them . of the ministers , themselves which had staid behinde in the city when calvin was gone , some , upon knowledge of the peoples earnest intent to recal him to his place again , had beforehand written their letters of submission , and assured him of their alle●giance for ever after , if it should like him to hearken unto that publick suit : but yet misdoubting what might happen , if this discipline did go forward , they objected against it , the example of other reformed churches , living quietly and orderly without it . some of the chiefest place and countenance amongst the laity , professed with greater stomach their judgments , that such a discipline was little better then popish tyranny , disguised and tendered unto them under a new form. this sort , it may be , had some fear that the filling up of the seats in the consistory with so great a member of laymen ; was but to please the mindes of the people , to the end , they might think their own sway somewhat , but when things came to tryal of practice , their pastors learning , would be at all times of force to over-perswade simple men , who knowing the time of their own presidentship to be but short , would always stand in fear of their ministers perpetual authority . and among the ministers themselves , one being so far in estimation above the rest , the voices of the rest were likely to be given for the most part respectively with a kinde of secret dependency and aw : so that in shew , a marvellous indifferently composed senate , ecclesiastical was to govern ; but in effect one onely man should , as the spirit and soul of the residue , do all in all . but what did these vain surmises boot ? brought they were now to so strait an issue , that of two things , they must chuse one : namely , whether they would to their endless disgrace , with ridiculous lightness dismiss him , whose restitution they had in so impotent manner desired , or else condescend unto that demand , wherein he was resolute , either to have it , or to leave them . they thought it better to be somewhat hardly yoked at home , then for ever abroad discredited . wherefore , in the end , those orders were on all sides assented unto , with no less alacrity of minde , then cities unable to hold out longer , are wont to shew when they take conditions , such as liketh him to offer them , which hath them in the narrow streights of advantage . not many years were over passed , before these twice-sworn men adventured to give their last and hottest assault to the fortress of the same discipline , childishly granting by common consent of their whole senate , and that under their town-seal , a relaxation to one bertelier , whom the eldership had excommunicated : further also decreeing , with strange absurdity , that to the same senate , it should belong to give final judgment in matter of excommunication , and to absolve whom it pleased them ; clean contrary to their own former deeds and oaths . the report of which decree , being fortwith brought unto calvin ; before ( saith he ) this decree take place , either my blood or banishment shall sign it . again , two days before the communion should be celebrated , this speech was publickly to like effect . kill me , if ever this hand do teach forth the things that are holy , to them whom the church hath judged despisers . whereupon , for fear of tumult , the forenamed bertelier was by his friends advised for that time , not to use the liberty granted him by the senate , nor to present himself in the church , till they saw somewhat further what would ensue . after the communion quietly ministred , and some likelihood of peaceable ending of these troubles , without any more a●● ; that very day in the afternoon , besides all mens expectation , concluding his ordinary sermon , he telleth them , that because he neither had learned nor taught to strive with such as are in authority ; therefore ( saith he ) the case so standing , as now it doth , let me use these words of the apostle unto you . i commend you unto god , and the word of his grace ; and so bad them heartily adieu . it sometimes cometh to pass , that the readiest way which a wise man hath to conquer , is to flie . this voluntary and unexpected mention of sudden departure , caused presently the senate ( for according to their wonted manner , they still continued onely constant in unconstancy ) to gather themselves together , and for a time to suspend their own decree , leaving things to proceed as before , till they had heard the judgment of four helvetian cities , concerning the matter which was in strife . this to have done at the first , before they gave assent unto any order , had shewed some wit and discretion in them ; but now to do it , was as much as to say in effect , that they would play their parts on a stage . calvin therefore dispatcheth with all expedition his letters unto some principal pastor in every of those cities , craving earnestly at their hands , to respect this cause as a thing whereupon the whole state of religion and piety in that church did so much depend : that god and all good men , were now inevitably certain to be trampled under foot , unless those four cities by their good means , might be brought to give sentence with the ministers of geneva , when the cause should be brought before them ; yea , so to give it , that two things it might effectually contain : the one an absolute approbation of the discipline of geneva , as consonant unto the word of god , without any cautions , qualifications , ifs , or ands ; the other , an earnest admonition not to innovate or charge the same . his vehement request herein , as touching both points , was satisfied . for albeit , the said helvetian churches did never as yet observe that discipline , nevertheless the senate of geneva having required their judgment concerning , these three questions : first , after what manner , by gods commandment , according to the scripture , and unspotted religion , excommunication is to be exercised : secondly , whether it may not be exercised some other way , then by the consistory ? thirdly , what the use of their churches was to do in this case ? answer was returned from the said churches , that they had heard already of those consistorial laws , and did acknowledge them to be godly ordinances , drawing towards the prescript of the word of god ; for which cause that they did not think it good for the church of geneva , by innovation to change the same , but rather to keep them as they were , which answer , although not answering unto the former demands , but respecting what mr. calvin had judged requisite for them to answer , was notwithstanding accepted without any further reply ; in as much as they plainly saw , that when stomach doth strive with wit , the match is not equal ; and so the heat of their former contentions began to slake . the present inhabitants of geneva , i hope , will not take it in evil part , that the faultiness of their people heretofore , is by us so far forth laid open , as their own learned guides and pastors have thought necessary to discover it unto the world. for out of their books and writings it is , that i have collected this whole narration , to the end , it might thereby appear in what sort amongst them , that discipline was planted , for which so much contention is raised amongst our selves . the reasons which moved calvin herein to be so earnest , was , as beza himself testifieth : for that he saw how needful these bridles were to be put in the jaws of that city . that which by wisdom he saw to be requisite for that people , was by as great wisdom compassed : but wise men are men , and the truth is truth . that which calvin did for establishment of his discipline , seemeth more commendable then that which he taught for the countenancing of it established . nature worketh in us all , a love to our own counsels : the contradiction of others is a fan to inflame that love . our love set on fire to maintain that which once we have done , sharpneth the wit to dispute , to argue , and by all means to reason for it . wherfore a marvel it were , if a man of so great capacity , having such incitements to make him desirous of all kinde of furtherances unto his cause , could espie in the whole scripture of god , nothing which might breed at the least a probable opinion of likelihood , that divine authority it self was the same way somewhat inclinable . and all which the wit even of calvin was able from thence to draw , by sifting the very utmost sentence and syllable ; is no more then , that certain speeches there are , which to him did seem to intimate ; that all christian churches ought to have their elderships endued with power of excommunication ; and that a part of those elderships every where , should be chosen out from amongst the laity , after that form which himself had framed geneva unto . but what argument are ye able to shew , whereby it was ever proved by calvin , that any one sentence of scripture doth necessarily inforce these things , or the rest wherein your opinion concurreth with his against the orders of your own church ? we should be injurious unto vertue it self , if we did derogate from them whom their industry hath made great . two things of principal moment there are , which have deservedly procured him honor throughout the world : the one his exceeding pains in composing the institution of christian religion ; the other , his no less industrious travels for exposition of holy scripture , according unto the same institutions . in which two things , whosoever they were that after him bestowed their labor , he gained the advantage of prejudice against them , if they gainsaid , and of glory above them , if they consented . his writings , published after the question about that discipline , was once begun , omit not any the least occasion of extolling the use , and singular necessity thereof . of what account the master of sentences was in the church of rome , the same and more amongst the preachers of reformed churches , calvin had purchased : so that the perfectest divines were judged they , which were skilfullest in calvins writings . his books almost the very canon to judge both doctrine and discipline by : french churches , both under others abroad , and at home in their own countrey , all cast according unto that mold which calvin had made . the church of scotland in erecting the fabrick of their reformation , took the self-same pattern ; till at lenght the discipline which was at the first so weak , that without the staff of their approbation , who were not subject unto it themselves , it had not brought others under subjection , began now to challenge universal obedience , and to enter into open conflict with those very churches , which in desperate extremity had been relievers of it . to one of those churches which lived in most peaceable sort , and abounded as well with men for their learning in other professions singular , as also with divines , whose equals were not elswhere to be found , a church ordered by gualters discipline , and not by that which geneva adoreth . unto this church of heidelburgh , there cometh one who craving leave to dispute publickly , defendeth with open disdain of their government ; that to a minister , with his eldership , power is given by the law of god to excommunicate whomsoever , yea , even kings and princes themselves . here were the seeds sown of that controversie which sprang up between beza and erastus , about the matter of excommunication , whether there ought to be in all churches an eldership , having power to excommunicate , and a part of that eldership to be of necessity certain , chosen out from amongst the laity for that purpose . in which disputation they have , as to me it seemeth , divided very equally the truth between them : beza most truly maintaining the necessity of excommunication ; erastus as truly , the non-necessity of lay-elders to be ministers thereof . amongst our selves , there was in king edwards days some question moved , by reason of a few mens scrupulosity , touching certain things . and beyond seas , of them which fled in the days of queen mary ; some contenting themselves abroad , with the use of their own service book , at home authorized before their departure out of the realm ; others liking better the common prayer book of the church of geneva translated : those smaller contentions before begun , were by this me an somewhat increased . under the happy reign of her majesty , which now is , the greatest matter a while contended for , was the wearing of the cap and surpless , till there came admonitions directed unto the high court of parliament , by men who concealing their names , thought it glory enough to discover their mindes and affections , which now were universally bent even against all the orders and laws , wherein this church is found uncomformable to the platform of geneva . concerning the defender of which admonitions , all that i mean to say , is but this . there will come a time , when three words uttered with charity and meekness , shall receive a far more blessed reward , then three thousand volumns written with disdainful sharpness of wit. but the manner of mens writings must not alienate our hearts from the truth , if it appear they have the truth , as the followers of the same defender do think he hath ; and in that perswasion they follow him , no otherwise then himself doth calvin , beza , and others ; with the like perswasion that they in this cause had the truth . we being as fully perswaded otherwise , it resteth , that some kinde of tryal be used to finde out which part is in error . . the first mean whereby nature teacheth men to judge good from evil , as well in laws , as in other things , is the force of their own discretion : hereunto therefore st. paul referreth oftentimes his own speech , to be considered of by them that heard him . i speak as to them which have understanding , judge ye what i say . again afterward , judge in your selves , is it comly that a woman pray uncovered ? the exercise of this kinde of judgment , our saviour requireth in the iews . in them of berea the scripture commendeth it . finally , whatsoever we do , if our own secret judgment consent not unto it as fit and good to be done , the doing of it to us is sin , although the thing it self be allowable . st. pauls rule therefore generally is , let every man in his own minde be fully perswaded of that thing which he either alloweth or doth . some things are so familiar and plain , that truth from falshood , and good from evil , is most easily discerned in them , even by men of no deep capacity . and of that nature , for the most part , are things absolutely unto all mens salvation necessary , either to he held or denied , either to be done or avoided . for which cause st. augustine acknowledgeth , that they are not onely set down , but also plainly set down in scripture : so that he which heareth or readeth , may without any great difficulty understand . other things also there are belonging ( though in a lower degree of importance ) unto the offices of christian men . which because they are more obscure , more intricate and hard to be judged of , therefore god hath appointed some to spend their whole time principally in the study of things divine , to the end , that in these more doubtful cases , their understanding might be a light to direct others . if the understanding power or faculty of the soul , be ( saith the grand physitian ) like unto bodily sight , not of equal sharpness in all : what can be more convenient then that ; even as the dark-sighted man is directed by the clear about things visible ; so likewise in matters of deeper discourse , the wise in heart do shew the simple where his way lieth ? in our doubtful cases of law , what man is there , who seeth not how requisite it is , that professors of skill in that faculty , be our directors ? so it is in all other kindes of knowledge . and even in this kinde likewise , the lord hath himself appointed , that the priests lips should preserve knowledge , and that other men should seek the truth at his mouth , because he is the messenger of the lord of hosts . gregory nazianzen , offended at the peoples too great presumption in controlling the judgment of them , to whom in such cases they should have rather submitted their own , seeketh by earnest entreaty to stay them within their bounds . presume not ye that are sheep , to make your selves guides of them that should guide you ; neither seek ye to overslip the fold which they about you have pitched . it sufficeth for your part , if ye can well frame your selves to be ordered . take not upon you to judge your selves , nor to make them subject to your laws , who should be a law to you ; for god is not a god of sedition and confusion , but of order and of peace . but ye will say , that if the guides of the people be blinde , the common sort of men must not close up their own eyes , and be led by the conduct of such : if the priest be partial in the law , the flock must not therefore depart from the ways of sincere truth , and in simplicity yield to be followers of him for his place sake and office over them . which thing , though in it self most true , is in your defence notwithstanding weak ; because the matter wherein ye think that ye see and imagine that your ways are sincere , is of far deeper consideration then any one amongst five hundred of you conceiveth . let the vulgar sort among you know , that there is not the least branch of the cause , wherein they are so resolute , but to the tryal of it , a great deal more appertaineth , then their conceit doth reach unto . i write not this in disgrace of the simplest that way given , but i would gladly they knew the nature of that cause wherein they think themselves throughly instructed , and are not ; by means whereof they daily run themselves , without feeling their own hazzard , upon the dint of the apostles sentence against evil speakers , as touching things wherein they are ignorant . if it be granted a thing unlawful for private men , not called unto publick consultation , to dispute which is the best state of civil policy ( with a desire of bringing in some other kinde , them that under which they already live , for of such disputes , i take it , his meaning was . ) if it be a thing confest , that of such questions they cannot determine without rashness , in as much as a great part of them consisteth in special circumstances , and for one kinde as many reasons may be brought as for another : is there any reason in the world , why they should better judge what kinde of regiment ecclesiastical is the fittest ? for in the civil state more insight , and in those affairs more experience , a great deal , must needs be granted them , then in this they can possibly have . when they which write in defence of your discipline , and commend it unto the highest , not in the least cunning manner , are forced notwithstanding to acknowledge , that with whom the truth is , they know not ; they are not certain , what certainly or knowledge can the multitude have thereof . weigh what doth move the common sort so much to favor this innovation , and it shall soon appear unto you , that the force of particular reasons , which for your several opinions are alleaged , is a thing whereof the multitude never did , nor could so consider as to be therewith wholly carried ; but certain general inducements are used to make saleable your cause in gross : and when once men have cast a fancy towards it , any slight declaration of specialties will serve to lead forward mens inclineable and prepared mindes . the method of winning the peoples affection unto a general liking of the cause ( for so ye term it ) hath been this . first , in the hearing of the multitude , the faults especially of higher callings are ripped up with marvellous exceeding severity and sharpness of reproof ; which being oftentimes dont , begetteth a great good opinion of integrity , zeal and holiness , to such constant reprovers of sin , as by likelihood would never be so much offended at that which is evil , unless themselves were singularly good . the next thing hereunto is , to impute all faults and corruptions , wherewith the world aboundeth , unto the kinde of ecclesiastical government established . wherein , as before by reproving faults , they purchased unto themselves , with the multitude , a name to be vertuous ; so by finding out this kinde of cause , they obtain to be judged wise above others , whereas in truth unto the form even of iewish government , which the lord himself ( they all confess ) did establish , with like shew of reason they might impute those faults which the prophets condemn in the governors of that commonwealth ; as to the english kinde of regiment ecclesiastical ( whereof also god himself , though in another sort , is author , ) the stains and blemishes found in our state ; which springing from the root of humane frailty and corruption , not onely are , but have been always more or less , yea , and ( for any thing we know to the contrary ) will be till the worlds end complained of , what form of government soever take place . having gotten thus much sway in the hearts of men , a third step is to propose their own form of church government , as the onely soveraign remedy of all evils ; and to adorn it with all the glorious titles that may be . and the nature , as of men that have sick bodies , so likewise of the people in the crazedness of their mindes , possest with dislike and discontentment at things present , is to imagine , that any thing ( the vertue whereof they hear commended ) would help them ; but that most , which they least have tryed . the fourth degree of inducements , is by fashioning the very notions and conceits of mens mindes in such sort , that when they read the scripture , they may think that every thing soundeth towards the advancement of that discipline , and to the utter disgrace of the contrary . pythagoras , by bringing up his schollars in speculative knowledge of numbers , made their conceipts therein so strong , that when they came to the contemplation of things natural , they imagined that in every particular thing , they even beheld , as it were , with their eyes , how the elements of number gave essence and being to the works of nature : a thing in reason impossible , which notwithstanding through their misfashioned preconceit , appeared unto them no less certain , then if nature had written it in the very foreheads of all the creatures of god. when they of the family of love have it once in their heads , that christ doth not signifie any one person , but a quality whereof many are partakers ; that to be raised , is nothing else but to be regenerated , or endued with the said quality ; and that when separation of them , which have if from them , which have it not , is here made , this is judgment : how plainly do they imagine , that the scripture every where speaketh in the favor of that sect ? and assuredly , the very cause which maketh the simple and ignorant to think , they even see how the word of god runneth currantly on your side , is , that their mindes are forestalled , and their conceits perverted beforehand , by being taught , that an elder doth signifie a lay-man , admitted onely to the office of rule or government in the church ; a doctor , one which may onely teach , and neither preach nor administer the sacraments ; a deacon , one which hath charge of the alms-box , and of nothing else : that the scepter , the rod , the throne and kingdom of christ , art a form of regiment , onely by pastors , elders , doctors , and deacons ; that by mystical resemblance , mount sion and jerusalem are the churches which admit ; samaria and babylon , the churches which oppugne the said form of regiment . and in like sort , they are taught to apply all things spoken of repairing the walls and decayed parts of the city and temple of god , by esdras , nehemias , and the rest : as if purposely the holy ghost had therein meant to fore-signifie , what the authors of admonitions to the parliament , of supplications to the council , of petitions to her majesty , and of such other-like writs , should either do or suffer in behalf of this their cause . from hence they proceed to an higher point , which is the perswading of men credulous and over-capable of such pleasing errors , that it is the special illumination of the holy ghost , whereby they discern those things in the word , which others reading , yet discern them not . dearly beloved , saith st. john , give not credit unto every spirit . there are but two ways whereby the spirit leadeth men into all truth ; the one extraordinary , the other common ; the one belonging but unto some few , the other extending it self unto all that are of god ; the one , that which we call by a special divine excellency , revelation ; the other , reason . if the spirit by such revelation , have discovered unto them the secrets of that discipline out of scripture , they must profess themselves to be all ( even men , women , and children , ) prophets : or if reason be the hand which the spirit hath led them by ; for as much as perswasions grounded upon reason , are either weaker or stronger , according to the force of those reasons , whereupon the same are grounded , they must every of them , from the greatest to the least , be able for every several article , to shew some special reason , as strong as their perswasion therein is earnest : otherwise how can it be , but that some other sinews there are , from which that everplus of strength in perswasion doth arise ? most sure it is , that when mens affections do frame their opinions , they are in defence of error more earnest a great deal , then ( for the most part ) sound believers in the maintenance of truth , apprehended according to the nature of that evidence which scripture yieldeth : which being in some things plain , as in the principles of christian doctrine ; in some things , as in these matters of discipline , more dark and doubtful , frameth correspondently that inward assent which gods most gracious spirit worketh by it , as by his effectual instrument . it is not therefore the servent earnestness of their perswasion , but the soundness of those reasons , whereupon the same is built , which must declare their opinions in these things , to have been wrought by the holy ghost , and not by the fraud of that evil spirit which is even in his illusions strong . after that the fancy of the common sort hath once thorowly apprehended the spirit to be author of their perswasions , concerning discipline , then is instilled into their hearts ; that the same spirit , leading men into this opinion , doth thereby seal them to be gods children ; and that as the state of the times now standeth , the most special taken to know them that are gods own from others , is an earnest affection that way . this hath bred high terms of separation between such , and the rest of the world ; whereby the one sort are named the brethren , the godly , and so forth ; the other , worldlings , time-servers , pleasers of men , not of god , with such like . from hence , they are easily drawn on to think it exceeding necessary ; for fear of quenching that good spirit , to use all means whereby the same may be both strengthned in themselves ; and made manifest unto others . this maketh them diligent bearers of such as are known that way to incline ; this maketh them eager to take and seek all occasions of secret conference with such ; this maketh them glad to use such as counsellors and directors in all their dealings , which are of weight , as contracts , testaments , and the like ; this maketh them , through an unweariable desire of receiving instruction from the masters of that company , to cast off the care of those very affairs which do most concern their estate , and to think that then they are like unto mary , commendable for making choice of the better part . finally , this is it which maketh them willing to charge , yea , oftentimes even to over-charge themselves , for such mens sustenance and relief , least their zeal to the cause should any way be unwitnessed . for what is it , which poor beguiled souls , will not do through so powerful incitements ? in which respect it is also noted , that most labor hath been bestowed to win , and retain towards this cause , them whose judgments are commonly weakest by reason of their sex . and although not women loaden with sins , as the apostle st. paul speaketh , but ( as we verily esteem of them for the most part ) women propense and inclinable to holiness , be otherwise edified in good things , rather then carried away as captives into any kinde of sin and evil , by such as enter into their houses with purpose to plant there a zeal , and a love towards this kinde of discipline ; yet some occasion is hereby ministred for men , to think , that if the cause which is thus furthered , did gain by the soundness of proof , whereupon it doth build it self , it would not most busily endeavor to prevail , where least ability of judgment is : and therefore that this so eminent industry in making proselytes , more of that sex then of the other ; groweth for that they are deemed apter to serve as instruments and helps in the cause . apter they are through the eagerness of their affection , that maketh them which way soever they take , diligent in drawing their husbands , children , servants , friends and allies , the same way : apter through that natural inclination unto pity , which breedeth in them a greater readiness then in men , to be bountiful towards their preachers , who suffer want : apter through sundry opportunities , which they especially have , to procure encouragements for their brethren . finally , apter through a singular delight which they take , in giving very large and particular intelligence , how all near about them stand affected , as concerning the same cause . but be they women , or be they men , if once they have tasted of that cup , let any man of contrary opinion , open his mouth to perswade them , they close up their ears ; his reasons they weigh not , all is answered with rehearsal of the words of john , we are of god ; he that knoweth god , heareth us . as for the rest , ye are of the world ; for this worlds pomp and vanity it is that ye speak , and the world whose ye are , heareth you . which cloke sitteth no less fit o● the lack of their cause , then of the anabaptists ; when the dignity , authority and honor of gods magistrates is upheld against them . shew these eagerly-affected men their inability to judge of such matters ; their answer is , god hath chosen the simple . convince them of folly , and that so plainly , that very children upbraid them with it ; they have their bucklers of like defence . christs own apostle was accounted mad : the best men evermore by the sentence of the world , have been judged to be out of their right mindes . when instruction doth them no good , let them feel but the least degree of most mercifully tempered severity , they fasten on the head of the lords vicegerents here on earth , whatsoever they any where finde uttered against the cruelty of blood-thirsty men ; and to themselves they draw all the sentences which scripture hath in the favor of innocency persecuted for the truth ; yea , they are of their due and deserved sufferings , no less proud then those ancient disturbers , to whom st. augustine writeth , saying . martyrs , rightly so named , are they not which suffer for their disorder , and for the ungodly breach they have made of christian unity ; but which , for righteousness sake are persecuted : for agar also suffered persecution at the hands of sara ; wherein , she which did impose , was holy , and she unrighteous which did bear the burthen . in like sort , with the theeves was the lord himself crucified , but they who were matcht in the pain which they suffered , were in the cause of their sufferings dis-joyned . if that must needs be the true church which doth endure persecution , and not that which persecuteth , let them ask of the apostle , what church sara did represent , when she held her maid in affliction : for even our mother which is free , the heavenly ierusalem ; that is to say , the true church of god , was , as he doth affirm , prefigured in that very woman , by whom the bond-maid was so sharply handled . although , if all things be throughly skanned , she did in truth more persecute sara by proud resistance , then sara her , by severity of punishment . these are the paths wherein ye have walked , that are of the ordinary sort of men ; these are the very steps ye have trodden , and the manifest degrees whereby ye are of your guides and directors trained up in that school : a custom of inuring your ears with reproof of faults , especially in your governors ; and use to attribute those faults to the kinde of spiritual regiment , under which ye live ; boldness in warranting the force of their discipline , for the cure of all such evils ; a slight of framing your conceits , to imagine , that scripture every where favoreth that discipline ; perswasion that the cause , why ye finde it in scripture , is the illumination of the spirit ; that the same spirit is a seal unto you of your nearness unto god ; that ye are by all means to nourish and witness it in your selves , and to strengthen on every side your mindes against whatsoever might be of force to withdraw you from it . . wherefore to come unto you , whose judgment is a lanthorn of direction for all the rest , you that frame thus the peoples hearts , not altogether ( as i willingly perswade my self ) of a politick intent or purpose , but your selves being first over-borne with the weight of greater mens judgments ; on your shoulders is laid the burthen of upholding the cause by argument . for which purpose , sentences out of the word of god , ye alledge divers ; but so , that when the same are aiscust , thus it always in a manner falleth out , that what things by vertue thereof ye urge upon us , as altogether necessary , are found to be thence collected onely by poor and marvellous slight conjectures . i need not give instance in any one sentence so alledged , for that i think the instance in any alledged , otherwise a thing not easie to be given . a very strange thing , sure it were , that such a discipline as ye speak of , should be taught by christ and his apostles in the word of god , and no church ever have found it out , nor received it till this present time : contrariwise , the government against which ye bend your selves , be observed every where throughout all generations and ages of the christian world , no church ever perceiving the word of god to be against it . we require you to finde out but one church upon the face of the whole earth , that hath been ordered by your discipline , or hath not been ordered by ours , that is to say , by episcopal regiment , sithence the time that the blessed apostles were here conversant . many things out of antiquity ye bring , as if the purest times of the church had observed the self-same orders which you require ; and as though your desire were , that the churches of old should be patterns for us to follow , and even glasses , wherein we might see the practice of that , which by you is gathered out of scripture . but the truth is , ye mean nothing less . all this is done for fashion sake onely ; for ye complain of in as of an injury , that men should be willed to seek for examples and patterns of government in any of those times that have been before , ye plainly hold , that from the very apostles times till this present age wherein your selves imagine ye have sound out aright pattern of sound discipline , there never was any time safe to be followed ; which thing ye thus endeavor to prove . out of egesippus , ye say , that eusebius writeth , how although as long as the apostles lived , the church did remain a pure virgin ; yet after the death of the apostles , and after they were once gone , whom god vouchsafed to make hearers of the divine wisdom with their own ears , the placing of wicked errors began to come into the church . clement also in a certain place , to confirm , that there was corruption of doctrine immediately after the apostles times , alledgeth the proverb , that there are few sons like their fathers , socrates saith of the church of rome and alexandria , the most famous churches in the apostles times , that about the year . the roman and alexandrian bishops leaving the sacred function , were degenerate to a secular rule or dominion . hereupon ye conclude , that it is not safe to fetch our government from any other then the apostles times . wherein by the way it may be noted , that in proposing the apostles times as a pattern for the church to follow , though the desire of you all be one , the drift and purpose of you all is not one . the chiefest thing which lay-reformers yawn for , is , that the clergy may through conformity in state and condition , be apostolical , poor as the apostles of christ were poor . in which one circumstance , if they imagine so great perfection , they must think that church which hath such store of mendicant fryers , a church in that respect most happy . were it for the glory of god , and the good of his church indeed , that the clergy should be left even as bare as the apostles ; when they had neither staff nor scrip ; that god , which should lay upon them the condition of his apostles ; would i hope , endue them with the self-same affection which was in that holy apostle , whose words concerning his own right-vertuous contentment of heart , as well how to want , as how to abound , are a most fit episcopal emprese . the church of christ is a body mystical . a body cannot stand , unless the parts thereof be proportionable : let it therefore be required on both parts , at the hands of the clergy , to be in meanness of state like the apostles ; at the hands of the laity , to be as they were who lived under the apostles . and in this reformation there will be , though little wisdom , yet some indifferency : but your reformation , which are of the clergy ( if yet it displease you not , that i should say ye are of the clergy ) seemeth to aim at a broader mark . te think , that he which will perfectly reform , must bring the form of church-discipline unto the state which then it was at . a thing neither possible , nor certain , nor absolutely convenient . concerning the first , what was used in the apostles times , the scripture fully declareth not ; so that making their times the rule and canon of church polity , ye make a rule , which being not possible to be fully known , is as impossible to be kept . again , sith the later , even of the apostles own times , had that which in the former , was not thought upon ; in this general proposing of the apostles times , there is no certainty which should be followed , especially seeing that ye give us great cause to doubt how far ye allow those times . for albeit , the lover of antichristian building were not , ye say , as then set up , yet the foundations thereof were secretly , and under the ground , laid in the apostles times : so that all other times , ye plainly reject ; and the apostles own times , ye approve with marvellous great suspition , leaving it intricate and doubtful , wherein we are to keep our selves unto the pattern of their times . thirdly , whereas it is the error of the common multitude , to consider onely what hath been of old , and if the same were well , to see whether still it continue ; if not , to condemn that presently , which is , and never to search upon what ground or consideration the change might grow . such rudeness cannot be in you so well born with , whom learning and iudgment hath enabled much more soundly to discern how far the times of the church , and the orders thereof , may alter without offence . true it is , the ancienter a , the better ceremonies of religion , are : howbeit , not absolutely true , and without exception ; but true , onely so far forth as those different ages do agree in the state of those things , for which , at the first those rites , orders , and ceremonies , were instituted . in the apostl●s times , that was harmless , which being now revived , would be scandalous ; as their oscula sancta . b those feasts of charity , which being instituted by the apostles , were retained in the church long after , are not now thought any where needful . what man is there of understanding , unto whom it is not manifest , how the way of providing for the clergy by tithes , the device of alms-houses for the poor , the sorting out of the people into their several pariso●s ; together with sunury other things which the apostles times could not have , ( being now established ) are much more convenient and fit for the church of christ , then if the same should be taken away for conformities sake , with the antientest and first times ? the orders therefore which were observed in the apostles times , are not to be urged as a rule universally , either sufficient or necessary . if they be , nevertheless on your part , it still remaineth to be better proved . that the form of discipline , which ye intitle apostolical , was in the apostles time exercised : for of this very thing ye fail , even touching that which ye make most account of , as being matter of substance in discipline , i mean , the power of your lay-elders , and the difference of your doctors from the pastors in all churches . so that in faith , we may be bold to conclude , that besides these last times , which for insolency , pride , and egregious contempt of all good order , are the worst ; there are none wherein ye can truly affirm , that the compleat form of your discipline , or the substance thereof was practised . c the evidence therefore of antiquity failing you , ye flie to the judgments of such learned men , as seem by their writings , to be of opinion , that all christian churches should receive your discipline , and abandon ours . wherein , as ye heap up the names of a number of men , not unworthy to be had in honor ; so there are a number , whom when ye mention , although it serve ye to purpose , with the ignorant and vulgar sort , who measure by tale , and not by weight ; yet surely , they who know what quality and value the men are of , will think ye draw very near the dregs . but were they all of as great account as the best and chiefest amongst them , with us notwithstanding neither are they , neither ought they to be of such reckoning , that their opinion or conjecture , should cause the laws of the church of england to give place ; much less when they neither do all agree in that opinion , and of them which are at agreement , the most part through a courteous enducement , have followed one man as their guide ; finally , that one therein not unlikely to have swerved . if any chance to say , it is probable that in the apostles times there were lay-elders , or not to mislike the continuance of them in the church ; or to affirm , that bishops at the first were a name , but not a power distinct from presbyters ; or to speak any thing in praise of those churches which are without episcopal regiment ; or to reprove the fault of such as abuse that calling . all these ye register for men , perswaded as you are , that every christian church standeth bound by the law of god to put down bishops , and in their rooms to erect an eldership so authorized as you would have it for the government of each parish . deceived greatly they are therefore , who think that all they whose names are cited amongst the favorers of this cause , are on any such verdict agreed . yet touching some material points of your discipline , a kinde of agreement we grant there is amongst many divines of reformed churches abroad . for first , to do as the church of geneva did , the learned in some other churches must needs be the more willing , who having used in like manner , not the slow and tedious help of proceeding by publick authority ; but the peoples more quick endeavor for alteration , in such an exigent i see not well , how they could have staid to deliberate about any other regiment , then that which already was devised to their hands ; that which in like case had been taken , that which was easiest to be established without delay , that which was likeliest to content the people by reason of some kinde of sway which it giveth them . when therefore the example of one church , was thus at the first almost through a kinde of constraint or necessity followed by many , their concurrence in perswasion about some material points belonging to the same polity is not strange . for we are not to marvel greatly , if they which have all done the same thing , do easily embrace the same opinion as concerning their own doings : besides , mark i beseech you , that which galen in matter of philosophy noteth ; for the like falleth out , even in questions of higher knowledge . it fareth many times with mens opinions , as with rumors and reports . that which a credible person telleth , is easily thought probable by such as are well perswaded of him : but if two , or three , or four , agree all in the same tale , they judge it then to be out of controversie , and so are many times overtaken for want of due consideration , either some common cause leading them all into error , or one mans oversight , deceiving many through their too much credulity and easiness of belief . though ten persons be brought to give testimony in any cause , yet if the knowledge they have of the thing whereunto they come as witnesses , appear to have grown from some one amongst them , and to have spred it self from hand to hand , they all are in force but as one testimony ; nor is it otherwise here , where the daughter churches do speak their mothers dialect ; here , where so many sing one song , by reason that he is the guide of the quire , concerning whose deserved authority , amongst even the gravest divines , we have already spoken at large . will ye ask what should move those many learned , to be followers of one mans judgment ; no necessity of argument forcing them thereunto ? your demand is answered by your selves . loth ye are to think that they whom ye judge to have attained , as sound knowledge in all points of doctrine , as any since the apostles time , should mistake in discipline . such is naturally our affection , that whom in great things we mightily admire ; in them , we are not perswaded willingly that any thing should be amiss . the reason whereof is , for that as dead flies putrifie the ointment of the apothecary , so a little folly him that is in estimation for wisdom . this in every profession , hath too much authorized the judgment of a few : this with germans hath caused luther , and with many other churches , calvin , to prevail in all things . yet are we not able to define , whether the wisdom of that god ( who setteth before us in holy scripture , so many admirable patterns of vertue , and no one of them , without somewhat noted , wherein they were culpable ; to the end , that to him alone it might always be acknowledged , thou onely art holy , thou onely art just ) might not permit those worthy vessels of his glory , to be in some things blemished with the stain of humane frailty ; even for this cause , lest we should esteem of any man above that which behoveth . . notwithstanding , as though ye were able to say a great deal more then hitherto your books have revealed to the world , earnest challengers ye are of tryal by some publick disputation ; wherein , if the thing ye crave , be no more then onely leave to dispute openly about those matters that are inquestion , the schools in universities ( for any thing i know ) are open unto you : they have their yearly acts and commencements , besides other disputations , both ordinary and upon occasion , wherein the several parts of our own ecclesiastical discipline are oftentimes offered unto that kinde of examination ; the learnedst of you have been of late years , noted seldom or never absent from thence , at the time of those great assemblies ; and the favor of proposing there in convenient sort whatsoever ye can object ( which thing , my self have known them to grant of scholastical courtesie unto strangers ) neither hath ( as i think ) nor ever will ( i presume ) be denied you . if your suit be to have some great extraordinary confluence , in expectation whereof , the laws that already are , should sleep and have no power over you ; till in the hearing of thousands , ye all did acknowledge your error , and renounce the further prosecution of your cause : haply , they whose authority is required unto the satisfying of your demand , do think it both dangerous to admit such concourse of divided mindes , and unmeet that laws , which being once solemnly established , are to exact obedience of all men , and to constrain thereunto ; should so far stoop , as to hold themselves in suspence from taking any effect upon you , till some disputer can perswade you to be obedient . a law is the deed of the whole body politick , whereof if ye judge your selves to be any part , then is the law even your deed also . and were it reason , in things of this quality , to give men audience , pleading for the overthrow of that which their own very deed hath ratified ? laws that have been approved , may be ( no man doubteth ) again repealed , and to that end also disputed against , by the authors thereof themselves : but this is when the whole doth deliberate what laws each part shall observe , and not when a part refuseth the laws which the whole hath orderly agreed upon . notwithstanding , for as much as the cause we maintain , is ( god be thanked ) such as needeth not to shun any tryal , might it please them on whose approbation the matter dependeth ; to condescend so far unto you in this behalf , i wish heartily that proof were made even by solemn conference in orderly and quiet sort ; whether you would your selves be satisfied , or else could by satisfying others , draw them to your party . provided alway , first , in as much as ye go about to destroy a thing which is in force , and to draw in that which hath not as yet been received ; to impose on us that which we think not our selves bound unto , and to overthrow those things whereof we are possessed ; that therefore ye are not to claim in any conference , other then the plaintiffs or opponents part , which must consist altogether in proof and confirmation of two things : the one , that our orders by you condemned , we ought to abolish ; the other , that yours , we are bound to accept in the stead thereof . secondly , because the questions in controversie between us , are many , if once we descend into particulars : that for the easier and more orderly proceeding therein , the most general be first discussed ; nor any question left off , nor in each question the prosecution of any one argument given over , and another taken in hand , till the issue whereunto , by replies and answers , both parts are come , be collected , read , and acknowledged , as well on the one side as on the other , to be the plain conclusion which they are grown unto . thirdly , for avoiding of the manifold inconveniences whereunto ordinary and extemporal disputes are subject , as also because , if ye should singly dispute one by one , as every mans own wit did best serve , it might be conceived by the rest , that haply some other would have done more ; the chiefest of you do all agree in this action , that when ye shall then chuse your speaker , by him that which is publickly brought into disputation , be acknowledged by all your consents , not to be his allegation , but yours ; such as ye all are agreed upon , and have required him to deliver in all your names : the true copy whereof being taken by a notary , that a reasonable time be allowed for return of answer unto you in the like form . fourthly , whereas a number of conferences have been had in other causes with the less effectual success , by reason of partial and untrue reports , published afterwards unto the world : that to prevent this evil , there be at the first a solemn declaration ; made on both parts of their agreement , to have that very book and no other , set abroad , wherein their present authorized notaries do write those things fully and onely ; which being written , and there read , are by their own open testimony , acknowledged to be their own . other circumstances hereunto belonging , whether for the choice of time , place , and language , or for prevention of impertinent and needless speech , or to any end and purpose else , they may be thought on when occasion serveth . in this sort , to broach my private conceit for the ordering of a publick action , i should be loth , ( albeit , i do it not otherwise then under correction of them , whose gravity and wisdom ought in such cases to over-rule ) but that so venturous boldness , i see is a thing now general , and am thereby of good hope , that where all men are licenced to offend , no man will shew himself a sharp accuser . . what success god may give unto any such kinde of conference or disputation , we cannot tell : but of this we are right sure , that nature , scripture , and experience it self , have all taught the world to seek for the ending of contentions , by submitting itself into some judicial and definitive sentence , whereunto neither part that contendeth may under any pretence or colour refuse to stand : this must needs be effectual and strong ; as for other means without this , they seldom prevail ; i would therefore know , whether for the ending of these irksome strifes , wherein you and your followers do stand thus formally divided against the authorized guides of this church , and the rest of the people subject unto their charge ; whether , i say , ye be content to refer your cause to any other higher judgment then your own , or else intend to persist , and proceed as ye have begun , till your selves can be perswaded to condemn your selves ? if your determination be this , we can be but sorry that ye should deserve to be reckoned with such , of whom god himself pronounceth , the way of peace they have not known . ways of peaceable conclusion , there are but these two certain ; the one a sentence of iudicial decision given by authority thereto appointed within our selves ; the other , the like kinde of sentence given by a more universal authority . the former of which two ways , god himself in the law prescribeth , and his spirit it was which directed the very first christian churches in the world to use the latter . the ordinance of god in the law , was this . if there arise a matter too hard for thee in judgment , between blood and blood , between plea , &c. then shalt thou arise , and go up unto the place which the lord thy god shall chuse ; and thou shalt come unto the priests of the levites , and unto the judge that shall be in those days , and ask , and they shall shew thee the sentence of judgment ; and thou shalt do according to that thing which they of that place which the lord hath chosen , shew thee ; and thou shalt observe to do according to all that they inform thee : according to the law which they shall teach thee , and according to the judgment which they shall tell thee , shalt thou do ; thou shalt not decline from the thing which they shall shew thee , to the right hand , nor to the left . and that man that will do presumptuously , not hearkning unto the priest ( that standeth before the lord thy god to manister there ) or unto the judge , that man shall die , and thou shalt take away evil from israel . when there grew in the church of christ , a question , whether the genti'es believing might be saved , although they were not circumcised after the manner of moses , nor did observe the rest of those legal rites and ceremonies whereunto the jews were bound . after great dissention and disputation about it , their conclusion in the end was , to have it determined by sentence at jerusalem ; which was accordingly done in a council there assem●led for the same purpose . are ye able to alledge any just and sufficient cause , wherefore absolutely ye should not condescend in this controversie , to have your judgments over-ruled by some such definitive sentence ; whether it fall out to be given with , or against you , that so these redious contentions may cease ? te will perhaps make answer , that being perswaded already , as touching the truth of your cause , ye are not to hearken unto any sentence , no not , though angels should define otherwise , as the blessed apostles own example teacheth . again , that men , yea , councils , may err , and that unless the judgment given , do satisfie your mindes , unless it be such as ye can , by no further argument oppugn ; in a word , unless you perceive and acknowledge it your selves consonant with gods word , to stand unto it , not allowing it , were to sin against your own consciences . but consider , i beseech you , first , as touching the apostle , how that wherein be was so resolute and peremptory , our lord iesus christ made manifest unto him , even by intuitive revelation , wherein there was no possibility of error : that which you are perswaded of , ye have it no otherwise then by your own onely probable collection ; and therefore such bold asseverations as in him were admirable , should in your months but argue rashness . god was not ignorant , that the priests and iudges , whose sentence in matters of controversie he ordained should stand , both might and oftentimes would be deceived in their judgment . howbeit , better it was in the eye of his understanding , that sometime an erronious sentence definitive should prevail , till the same authority perceiving such oversight , might afterwards correct or reverse it , then that strifes should have respite to grow , and not come speedily unto some end : neither wish we , that men should do any thing which in their hearts they are perswaded they ought not to do ; but this perswasion ought ( we say ) to be fully setled in their hearts , that in litigious and controversed causes of such quality , the will of god is to have them to do whatsoever the sentence of judicial and final decision shall determine , yea , though it seem in their private opinion to swarve utterly from that which is right ; as no doubt , many times the sentence amongst the iews , did seem unto one part or other contending : and yet in this case , god did then allow them to do that which in their private judgment it seemed ( yea , and perhaps truly seemed ) that the law did disallow . for if god be not the author of confusion , but of peace , then can he not be the author of our refusal , but of our contentment , to stand unto some definitive sentence ; without which , almost impossible it is , that either we should avoid confusion , or ever hope to attain peace . to small purpose , had the council of jerusalem been assembled , if one : their determination being set down , men might afterwards have defended their former opinions . when therefore they had given their definitive sentence , all controverso● was at an end : things were disputed before they came to be determined ; men afterwards were not to dispute any longer , but to obey . the sentence of iudgment finished their strife , which their disputes before judgment , could not do . this was ground sufficient for any reasonable mans conscience to build the duty of obedience upon , whatsoever his own opinion were as touching the matter before in question . so full of wilfulness and self-liking , is our nature , that without some definitive sentence , which being given , may stand , and a necessity of silence on both sides afterward imposed ; small hope there is , that strifes thus for prosecuted , will in short time quietly end . now it were in vain to ask you , whether ye could be content that the sentence of any court already erected , should be so far authorized , as that among the iews established by god himself , for the determining of all controversies . that man which will do presumptuously , not hearkning unto the priest that standeth before the lord to minister there ; nor unto the judge , let him die . ye have given us already to understand what your opinion is in part , concerning her sacred majesties court of high commission : the nature whereof is , the same with that amongst the iews , albeit the power be not so great . the other way , happily may like you better , because master beza in his last book , save one , written about these matters , professeth himself to be now weary of such combats and encounters , whether by word or writing , in as much as he findeth that controversies thereby are made but brawls : and therefore wisheth that in some common lawful assembly of churches , all these strifes may at once be decided . shall there be then in the mean while no doings ? yes , there are the weightier matters of the law , judgment , and mercy and fidelity . these things we ought to do ; and these things , while we contend about less , we leave undone . happier are they , whom the lord , when he cometh , shall finde doing in these things , then disputing about doctors , elders , and deacons : or if there be no remedy , but somewhat needs ye must do , which may tend to the setting forward of your discipline ; do that which wisemen , who think some statute of the realm more fit to be repealed then to stand in force , are accustomed to do , before they come to parliament , where the place of enacting is ; that is to say , spend the time in re-examining more duly your cause , and in more throughly considering of that which ye labor to overthrow : as for the orders which are established , sith equity and reason , the law of nature , god and man , do all favor that which is in being ; till orderly iudgment of decision be given against it , it is but iustice to exact of you , and perversness in you , it should be to deny thereunto your willing obedience . not that i judge it a thing allowable for men to observe those laws , which its their hearts , they are stredfastly perswaded to be against the law of god : but your perswasion in this case ; ye are all bound for the time to suspend , and in otherwise doing , ye offend against god , by troubling his church without any just or necessary cause . be it that there are some reasons inducing you to think hardly of our laws : are those reasons demonstrative , are they necessary , or but meer probabilities onely ? an argument necessary and demonstrative is such , as being proposed unto any man , and understood ; she minde cannot chase , but invardly assent ; any one such reason dischargeth , i grant the gonscience , and setteth it at full liberty . for the publick approbation given by the body of this whole church , unto those things which are established , doth make it but probable , that they are good ; and therefore unto a necessary proofe that they are not good , it must give place : but if the skilfullest amongst you can shew , that all the books ye have hitherto written , be able to afford any one argument of this nature , let the instance be given . as for probabilities , what thing was there ever set down so agreeable with sound reason , but some probable shew against it might be made ? it is meet , that when publickly things are received , and have taken place ; general obedience thereunto should cease to be exacted , in case , this or that private person , led with some probable conceit , should make open protostation , peter or john disallow them , and pronounce them naught . in which case your answer will be , that concerning the laws of our church ; they are not onely condemned in the opinion of a private man , but of thousands , year and even of those amongst which divers are in publick charge and authority . at though when publick consent of the whole hath established any thing , every mans judgment being thereunto compared , were not private , howsoever his calling be to some kinde of publick charge . so that of peace and quietness , there is not any way possible , unless the probable voice of every intire society or body politick , over-rule all private of like nature in the same body : which thing effectually proveth , that god being author of peace ; and not of confusion in the church ; must needs be author of those mens peaceable resolutions , who concerning these things , have determined with themselves , to think and do as the church , they are of decreeth , till they see necessary cause enforcing them to the contrary . . nor is mine own intent , any other in these several books of discourse , then to make it appear unto you ; that for the ecclesiastical laws of this land , we are led by great reason to observe them , and ye by no necessity bound to impugne them . it is no part of my secret meaning , to draw you hereby into hatred , or to set upon the face of this cause any fairer gloss , then the naked truth doth afford ; but my whole endeavor is to resolve the conscience , and to shew , as near as i can , what in this controversie , the heart is to think , if it will follow the light of sound and sincere judgment , without either cloud of prejudice , or mist of passionate affection . wherefore , seeing that laws and ordinances in particular , whether such as we observe , or such as your selves would have established ; when the minde doth sift and examine them , it must needs have often recourse to a number of doubts and questions , about the nature , kindes , and qualities of laws in general ; whereof , unless it be throughly informed , there will appear no certainty to stay our perswasion upon : i have for that cause set down in the first place , an introduction on both sides needful to be considered ; declaring therein , what law is , how different kindes of laws there are , and what force they are of , according unto each kinde . this done , because ye suppose the laws , for which ye strive , are found in scripture ; but those not , against which we strive : and upon this surmise , are drawn to hold it , as the very main pillar of your whole cause , that scripture ought to be the onely rule of all our actions ; and consequently , that the church orders which we observe , being not commanded in scripture , are offensive and displeasant unto god. i have spent the second book in sifting of this point , which standeth with you for the first and chiefest principle whereon ye build . whereunto the next in degree is , that as god will have always a church upon earth , while the world doth continue , and that church stand in need of government ; of which government , it behoveth himself to be , both the author and teacher : so it cannot stand with duty , that man should ever presume in any wise to change and alter the same ; and therefore . that in scripture there must of necessity be found some particular form of ecclesiastical polity , the laws whereof , admit not any kinde of alteration . the first three books being thus ended , the fourth proceedeth from the general grounds and foundations of your cause , unto your general accusations against us , as having in the orders of our church ( for so you pretend ) corrupted the right form of church polity with manifold popish rites and ceremonies , which certain reformed churches have banished from amongst them , and have thereby given us such example as ( you think ) we ought to follow . this your assertion hath herein drawn us to make search , whether these be just exceptions against the customs of our church , when ye plead , that they are the same which the church of rome hath , or that they are not the same which some other reformed churches have devised . of those four books which remain , and are bestowed about the specialties of that cause which little in controversie , the first examineth the causes by you alledged ; wherefore the publick duties of christian religion , as our prayers , our sacraments , and the rest , should not be ordered in such sort , as with us they are ; nor that power whereby the persons of men are consecrated unto the ministry , be disposed of in such manner as the laws of this church do allow . the second and third , are concerning the power of iurisdiction ; the one , whether laymen , such as your governing elders are , ought in all congregations for ever , to be invested with that power ? the other , whether bishops may have that power over other pastors , and therewithal , that honor which with us they have ? and because , besides the power of order , which all consecrated persons have , and the power of iurisdiction , which neither they all , nor they onely have : there is a third power , a power of ecclesiastical dominion , communicable , as we think , unto persons not ecclesiastical , and most fit to be restrained unto the prince our soveraign commander over the whole body politick . the eighth book we have allotted unto this question , and have sifted therein your objections against those preeminences royal which thereunto appertain . thus have i laid before you the brief of these my travels ; and presented under your view , the limbs of that cause litigious between us ; the whole intire body whereof , being thus compact , it shall be no troublesome thing for any man to finde each particular controversies resting place , and the coherance it hath with those things , either , on which it dependeth , or which depend on it . . the case so standing therefore , my brethren , as it doth , the wisdom of governors ye must not blame , in that they further also forecasting the manifold strange and dangerous innovations , which are more then likely to follow , if your discipline should take place , have for that cause thought it hitherto a part of their duty to withstand your endeavors that way : the rather , for that they have seen already some small beginnings of the fruits thereof , in them , who concurring with you in judgment about the necessity of that discipline , have adventured without more ado , to separate themselves from the rest of the church , and to put your speculations in execution . these mens hastiness , the warier sort of you doth not commend ; ye wish they had held themselves longer in , and not so dangerously flown abroad before the feathers of the cause had been grown ; their error with merciful terms ye reprove , naming them in great commiseration of minds your poor brethren . they on the contrary side , more bitterly accuse you as their false brethren , and against you they plead , saying , from your brests it is , that we have sucked those things , which when ye delivered unto us , ye termed that heavenly , sincere , and wholesom milk of gods word ; howsoever ye now abhor as poyson , that which the vertue thereof hath wrought and brought forth in us . ye sometime our companions , guides , and familiars , with whom we have had most sweet consultations , are now become our professed adversaries , because we think the statute-congregation in england , to be no true christian churches ; because we have severed our selves from them , and because without their leave or licence , that are in civil authority , we have secretly framed our own churches according to the platform of the word of god : for of that point between you and us , there is no controversie . also , what would ye have us to do ? at such time as ye were content to accept us in the number of your own , your teaching we heard , weread your writings : and though we would , yet able we are not to forget , with what zeal ye have ever profest , that in the english congregations ( for so many of them as be ordered according unto their own laws , ) the very publick service of god is fraught , as touching matter , with heaps of intolerable pollutions , and as concerning form , borrowed from the shop of antichrist ; hateful both ways in the eyes of the most holy ; the kinde of their government , by bishops and archbishops , antichristian ; that discipline which christ hath essentially tied , that is to say , so united unto his church , that we cannot account it really to be his church which hath not in it the same discipline , that very discipline no less there despised , then in the highest throne of antichrist . all such parts of the word of god , as do any way concern that discipline , no less unsoundly taught and interpreted by all authorized english pastors , then by antichrists factors themselves : at baptism , crossing ; at the supper of the lord. kneeling ; at both , a number of other the most notorious badges of antichristian recognisance , usual . being moved with these and the like , your effectual discourses , whereunto we gave most attentive ear , till they entred even into our souls , and were as fire within our bosoms ; we thought we might hereof be bold to conclude , that sith no such antichristian synagogue may be accounted a true church of christ , ye by accusing all congregations ordered according to the laws of england as antichristian , did mean to condemn those congregations , as not being any of them worthy the name of a true christian church . ye tell us now , it is not your meaning : but what meant your often threatnings of them , who professing themselves the inhabitants of mount sion , were too loth to depart wholly as they should out of babylon ? whereat , our hearts being fearfully troubled , we durst not , we durst not continue longer so near her confines , lest her plagues might suddenly overtake us , before we did cease to be partakers with her sins ; for so we could not chuse , but acknowledge with grief , that we were , when they doing evil , we by our presence in their assemblies , seemed to like thereof ; or at leastwise , not so earnestly to dislike , as became men heartily zealous of gods glory . for adventuring to erect the discipline of christ , without the leave of the christian magistrate , haply ye may condemn us as fools , in that we hazard thereby our estates and persons , further then you which are that way more wise think necessary : but of any offence or sin therein committed against god , with what conscience can you accuse us , when your own positions are , that the things we observe , should every of them be dearer unto us , then ten thousand lives ; that they are the peremptory commandments of god ; that no mortal man can dispense with them ; and that the magistrate grievously sinneth , in not constraining thereunto ? will ye blame any man for doing that of his own accord , which all men should be compelled to do that are not willing of themselves ? when god commandeth , shall we answer , that we will obey , if so be cesar will grant us leave ? is discipline an ecclesiastical matter , or a civil ? if an ecclesiastical , is must of necessity belong to the duty of the minister ; and the minister ( ye say ) holdeth all his authority of doing whatsoever belongeth unto the spiritual charge of the house of god , even immediately from god himself , without dependency upon any magistrate . whereupon it followeth , as we suppose , that the hearts of the people being willing to be under the scepter of christ , the minister of god , into whose hands the lord himself hath put that scepter , is without all excuse , if thereby he guide them not . nor do we finde , that hitherto greatly ye have disliked those churches abroad , where the people with direction of their godly ministers , have even against the will of the magistrate , brought in either the doctrine or discipline of iesus christ : for which cause , we must now think the very same thing of you , which our saviour did sometime utter concerning false-hearted scribes and pharisees , they say , and do not . thus the foolish barrowist deriveth his schism by way of conclusion , as to him it seemeth , directly and plainly out of your principles . him therefore we leave to be satisfied by you , from whom he hath sprung : and if such , by your own acknowledgment , be persons dangerous , although as yet the alterations which they have made , are of small and tender growth ; the changes likely to ensue , throughout all states and vocations within this land , in case your desire should take place , must be thought upon . first , concerning the supream power of the highest , they are no small prerogatives , which now thereunto belonging , the form of your discipline will constrain it to resign ; as in the last book of this treatise we have shewed at large . again , it may justly be feared , whether our english nobility , when the matter came in tryal , would contentedly suffer themselves to be always at the call , and to stand to the sentence of a number of mean persons , assisted with the presence of their poor teacher ; a man ( as sometimes it hapneth ) though better able to speak , yet little or no whit apter to judge , then the rest : from whom , be their dealings never so absurd ( unless it be by way of complaint to a synod ) no appeal may be made unto any one of higher power ; is as much as the order of your discipline admitteth no standing in equality of courts , no spiritual iudge to have any ordinary superior on earth , but as many supremacies as there are parishes and several congregations . neither is it altogether without cause , that so many do fear the overthrow of all learning , as a threatned sequel of this your intended discipline : for if the worlds preservation depend upon the multitude of the wise ; and of that sort , the number hereafter be not likely to wax over-great , when ( that therewith the son of syrach professeth himself at the heart grived ) men of understanding are already so little set by : how should their mindes , whom the love of so precious a iewel filleth with secret jealousie , even in regard of the lest things which may any way hinder the flourishing estate thereof , chuse but misdoubt lest this discipline , which always you match with divine doctrine , as her natural and true sister , be found unto all kindes of knowledge a step-mother ; seeing that the greatest worldly hopes , which are proposed unto the chiefest kinde of learning , ye seek utterly to extirpate as weeds ; and have grounded your platform on such propositions , as do after a sort undermine those most renowned habitations , where , through the goodness of almighty god , all commendable arts and sciences , are with exceeding great industry hitherto ( and so may they for ever continue ) studied , proceeded in , and profest ? to charge you , as purposely bent to the overthrow of that , wherein so many of you have attained no small perfection , were injurious . onely therefore , i wish , that your selves did well consider , how opposite certain of your positions are unto the state of collegiate societies , whereon the two universities consist . those degrees which their statutes binde them to take , are by your laws taken away , your selves who have sought them , ye so excuse ; as that ye would have men to think ye judge them not allowable , but tolerable onely : and to be borne with , for some help which ye finde in them unto the furtherance of your purposes , till the corrupt estate of the church may be better reformed . your laws forbidding ecclesiastical persons utterly the exercise of civil power , must needs deprive the heads and masters in the same colledges of all such authority as now they exercise , either at home , by punishing the faults of those , who not as children to their parents by the law of nature , but altogether by civil authority are subject unto them ; or abroad , by keeping courts amongst their tenants . your laws making permanent inequality amongst ministers , a thing repugnant to the word of god , enforce those colledges , the seniors whereof are all , or any part of them , ministers under the government of a master in the same vocation , to chuse , as oft as they meet together , a new president . for if so ye judge it necessary to do in synods , for the avoiding of permanent inequality amongst ministers ; the same cause must needs , even in these collegiate assemblies , enforce the like : except peradventure ye mean to avoid all such absurdities , by dissolving those corporations , and by bringing the universities unto the form of the school of geneva ; which thing men the rather are inclined to look for ; in as much as the ministery , wherein to their founders , with singular providence , have by the same statutes appointed them necessarily to enter at a certain time , your laws binde them much more necessarily to forbear , till some parish abroad call for them . your opinion concerning the law civil , is that the knowledge thereof might be spared , as a thing which this land doth not need . professors in that kinde being few , ye are the bolder to spurn at them , and not to dissemble your mindes , as concerning their removal : in whose studies , although my self have not much been conversant , nevertheless exceeding great cause , i see , there is to wish , that thereunto more encouragement were given , as well for the singular treasures of wisdom therein contained , as also for the great use we have thereof , both in decision of certain kindes of causes arising daily within our selves , and especially for commerce with nations abroad , whereunto that knowledge is most requisite . the reasons wherewith ye would perswade , that scripture is the onely rule to frame all our actions by , are in every respect as effectual for proof , that the same it the onely law whereby to determine all our civil controversies . and then what doth let ; but that as those men may have their desire , who frankly broach it already , that the work of reformation will never be perfect , till the law of iesus christ be received alone ; so pleaders and counsellors may bring their books of the common law , and bestow them as the students of curious and needless arts did theirs in the apostles time ? i leave them to scan , how for thosewords of yours may reach , wherein ye declare ; that where as now many houses lie waste through inordinate suits of law , this one thing will shew the excellency of discipline for the wealth of the realm , and quiet of subjects ; that the church is to censure such a party , who is apparently troublesome and contentious , and without reasonable cause , upon a meer will and stomach , doth vex and molest his brother , and trouble the country . for mine own part , i do not see , but that it might very well agree with your principles , if your discipline were fully planted , even to send out your writs of surcease unto all courts of england besides , for the most things handled in them . a great deal further i might proceed , and descend lower ; but for as much as against all these and the like difficulties , your answer is , that we ought to search what things are consonant to gods will ; not which be most for our own ease ; and therefore that your discipline being ( for such is your error ) the absolute commandment of almighty god , it must be received , although the world by receiving it , should be clean turned upside down : herein lieth the greatest danger of all . for whereas the name of divine authority , is used to countenance these things , which are not the commandments of god , but your own erroneous collections ; on him ye must father whatsoever ye shall afterwards be led , either to do in withstanding the adversaries of your cause , or to think in maintenance of your doings . and what this may be , god doth know . in such kindes of error , the minde once imagining it self to seek the execution of gods will , laboreth forthwith to remove both things and persons , which any way hinder it from taking place ; and in such cases , if any strange or new thing seem requisite to be done , a strange and new opinion , concerning the lawfulness thereof , is withal received and broached under countenance of divine authority . one example herein may serve for many , to shew , that false opinions touching the will of god to have things done , are wont to bring forth mighty and violent practices against the hinderances of them ; and those practices new opinions more pernicious then the first , yea , most extreamly sometimes opposite to that which the first did seem to intend . where the people took upon them the reformation of the church , by casting out popish superstition , they having received from their pastors a general instruction , that whatsoever the heavenly father hath not planted , must be rootod out ; proceeded in some foreign places so far , that down went oratories , and the very temples of god themselves : for as they chanced to take the compass of their commission stricter or larger , so their dealings were accordingly more or less moderate . amongst others , there sprang up presently one kinde of men , with whose zeal and forwardness , the rest being compared , were thought to be marvellous cold and dull . these grounding themselves on rules more general ; that whatsoever the law of christ commandeth not , thereof antichrist is the author ; and that whatsoever antichrist , or his adherents did in the world , the true professors of christ are to undo ; found out many things more then others had done , the extirpation whereof was in their conceit , as necessary as of any thing before removed . hereupon they secretly made their doleful complaints every where as they went , that albeit the world did begin to profess some dislike of that which was evil in the kingdom of darkness , yet fruits worthy of a true-repentance were not seen ; and that if men did repent as they ought , they must endeavor to purge the truth of all manner evil , to the end , there might follow a new world afterward , wherein righteousness onely should dwell . private repentance they said , ●●st appear by every mans fashioning his own life , contrary unto the custom and orders of this present world , both in greater things and in less . to this purpose , they had always in their mouths , those greater things , charity , faith , the true fear of god , the cross , the mortification of the flesh . all their exhortations were to set light of the things in this world , to account riches and honors vanity , and in taken thereof , not onely to seek neither ; but if men were possessors of both , even to cast away the one , and resign the other , that all men might see their unfeigned conversion unto christ. they were sollicitors of men to fasts , to often meditations of heavenly things , and as it were conferences in secret with god by prayers , not framed according to the frozen manner of the world , but expressing such fervent desires as might even force god to hea●ken unto them . where they found men in diet , attire , furniture of house , or any other way observers of civility , and decent order , such they reproved as being carnally and earthly minded . every word otherwise then severely and sadly uttered , seemed to pierce like a sword theron them . if any man were pleasant , their manner was presently with sighs to repeat those words of our saviour christ , wo be to you which now laugh , for ye shall lament . so great was their delight to be always in trouble , that such as did quietly lead their lives , they judged of all other men to be in most dangerous case . they so much affected to cross the ordinary custom in every thing , that when other mens use was to put on better attire , they would be sure to shew themselves openly abroad in worses : the ordinary names of the days in the week , they thought it a kinde of prophaneness to use , and therefore accustomed themselves to make no other distinction , then by numbers , the first , second , third day . from this they proceeded unto publick reformation , first ecclesiastical , and then civil . touching the former , they boldly avouched , that themselves onely had the truth , which thing upon peril of their lives , they would at all times defend ; and that since the apostles lived , the same was never before in all points sincerely taught . wherefore , that things might again be brought to that ancient integrity which iesus christ by his word requireth , they began to controll the ministers of the gospel , for attributing so much force and vertue unto the scriptures of god read , whereas the truth was , that when the word is said to engender faith in the heart ; and to convert the soul of man , or to work any such spiritual divine effect , these speeches are not thereunto appliable as it is read or preached , but as it is ingrafted in us by the power of the holy ghost , opening the eyes of our understanding , and so revealing the mysteries of god , according to that which jeremy promised before should be , saying , i will put my law in their inward parts , and i will write it in their hearts . the book of god they notwithstanding for the most part so admired , that other disputation against their opinions then onely by allegation of scripture they would not hear ; besides it , they thought no other writings in the world should be studied ; in so much , as one of their great prophets exhorting them to cast away all respects unto humane writings , so far to his motion they condescended , that as many as had any books , save the holy bible in their custody , they brought and set them publickly on fire . when they and their bibles were alone together , what strange phantastical opinion soever at any time entred into their heads , their use was to think the spirit taught it them . their phrensies concerning our saviours incarnation , the state of souls departed , and such like , are things needless to be rehearsed . and for as much as they were of the same suit with those of whom the apostle speaketh , saying , they are still learning , but never attain to the knowledge of truth , it was no marvel to see them every day broach some new thing , not heard of before . which restless levity they did interpret to be their growing to spiritual perfection , and a proceeding from faith to faith. the differences amongst them grew by this mean in a manner infinite , so that scarcely was there found any one of them , the forge of whose brain was not possest with some special mystery . whereupon although their mutual contentions were most fiercely prosecuted amongst themselves yet when they came to defend the cause common to them all against the adversaries of their faction , they had ways to lick one another whole , the sounder in his own perswasion excusing the dear brethren , which were not so far enlightned , and professing a charitable hope of the mercy of god towards them , notwithstanding their swerving from him in some things . their own ministers they highly magnified , as men whose vocation was from god : the rest their manner was to term disdainfully scribes and pharisees , to account their calling an humane creature , and to detain the people as much as might be from hearing them . as touching sacraments , baptism administred in the church of rome , they judged to be but an execrable mockery and no baptism ; both because the ministers thereof in the papacy are wicked idolaters , lewd persons , thieves , and murderers , cursed creatures , ignorant beasts , and also for that to baptize , is a proper action belonging unto none but the church of christ , whereas rome is antichrists synagogue . the custom of using god-fathers and god-mothers at christnings , they scorned . baptism of infants , although confest by themselves , to have been continued even sithence the very apostles own times , yet they altogether condemned , partly , because sundry errors are of no less antiquity ; and partly , for that there is no commandment in the gospel of christ , which saith , baptize infants ; but he contrariwise in saying , go preach and baptize , doth appoint , that the minister of baptism shall in that action first administer doctrine , and then baptism ; as also in saying , whosoever doth believe and is baptized , be appointeth , that the party to whom baptism is administred , shall first believe , and then be baptized ; to the end , that believing may go before this sacrament in the receiver , no otherwise then preaching in the giver , sith equally in both , the law of christ declareth , not onely what things are required , but also in what order they are required . the eucharist they received ( pretending our lord and saviour example ) after supper : and for avoiding all those impieties which have been grounded upon the mystical words of christ , this is my body . this is my blood ; they thought it not safe to mention either body or blood in that sacrament , but rather to abrogate both , and to use no words but these , take , eat , declare the death of our lord. drink , shew forth our lords death . in rites and ceremonies , their profession was hatred of all conformity with the church of rome : for which cause , they would rather endure any torment , then observe the solemn festivals which others did , in as much as antichrist ( they said ) was the first inventer of them . the pretended end of their civil reformation , was , that christ might have dominion over all ; that all crowns and scepters might be thrown down at his feet ; that no other might raign over christian men , but he ; no regiment keep them in aw , but his discipline ; amongst them no sword at all be carried besides his , the sword of spiritual excommunication . for this cause they labored with all their might , in over-turning the seats of magistracy , because christ hath said , kings of nations ; in abolishing the execution iustice , because christ hath said , resist not evil ; in forbidding oaths , the necessary means of iudicial tryal , because christ hath said , swear not at all : finally , in bringing in community of goods , because christ by his apostles hath given the world such example , to the end , that men might excel one another , not in wealth , the pillar of secular authority , but in vertue . these men at the first were onely pitied in their error , and not much withstood by any , the great humility , zeal , and devotion , which appeared to be in them , was in all mens opinion a pledge of their harmless meaning . the hardest that men of sound understanding conceived of them , was but this , o quam honestâ voluntate miseri errant ? with how good a meaning these poor souls do evil ? luther made request unto frederick , duke of saxony , that within his dominion they might be favorably dealt with and spared , for that ( their error exempted ) they seemed otherwise right good men . by means of which merciful toleration they gathered strength , much more then was safe for the state of the commonwealth wherein they lived . they had their secret corner-meetings and assemblies in the night , the people flocked unto them by thousands . the means whereby they both allured and retained so great multitudes , were most effectual ; first , a wonderful shew of zeal towards god , wherewith they seemed to be even rapt in every thing they spake : secondly , an hatred of sin , and a singular love of integrity , which men did think to be much more then ordinary in them , by reason of the custom which they had to fill the ears of the people with invectives against their authorized guides , as well spiritual as civil : thirdly , the bountiful relief wherewith they eased the broken estate of such needy creatures , as were in that respcit the more apt to be drawn away . fourthly , a tender compassion which they were thought to take upon the miseries of the common sort , over whose heads their manner was even to pour down showres of tears in complaining , that no respect was had unto them , that their goods were devoured by wicked cormorants , their persons had in contempt , all liberty , both temporal and spiritual , taken from them ; that it was high time for god now to hear their groans , and to send them deliverance . lastly , a cunning slight which they had to stroke and smoothe up the mindes of their followers , as well by appropriating unto them all the favorable titles , the good words , and the gracious promises in scripture ; as also by casting the contrary always on the heads of such as were severed from that retinue . whereupon , the peoples common aeclamation unto such deceivers was : these are verily the men of god , these are his true and sincere prophets . if any such prophet or man of god , did suffer by order of law , condign and deserved punishment , were it for fellony , rebellion , murder ; or what else ; that people ( so strangely were their hearts inchanted ) as though blessed st. stephen had been again martyred , did lament , that god took away his most dear servants from them . in all these things being fully perswaded , that what they did , it was obedience to the will of god , and that all men should do the like ; there remained after speculation , practice , whereby the whole world thereunto ( if it were possible ) might be framed . this they saw could not be done , but with mighty opposition and resistence ; against which , to strengthen themselves , they secretly entred into a league of association . and peradventure considering , that although they were many , yet long wars would in time waste them out ; they began to think , whether it might not be , that god would have them do for their speedy and mighty increase , the same which sometime gods own chosen people , the people of israel did . glad and fain they were to have it so ; which very desire was it self apt to breed b●th an opinion of possibility , and a willingness to gather arguments of likelihood , that so god himself would have it . nothing more clear unto their seeming , then that a new jerusalem being often spoken of in scipture , they undoubtedly were themselves that new jerusalem , and the old did by way of a certain fegurative resemblance signifie what they should both be , and do . here they drew in a sea of matter , by amplifying all things unto their own company , which are any where spoken concerning divine favors and benefits bestowed upon the old commonwealth of israel ; concluding , that as israel was delivered out of egypt , so they spiritually out of the egypt of this worlds servile thraldom unto sin and superstition : as israel was to root out the idolatrous nations , and to plant instead of them , a people which feared god ; so the same lords good will and pleasure was now , that these new israelites should under the conduct of other joshua's sampsons , and gideons , perform a work no less miraculous in casting out violently the wicked from the earth , and establishing the kingdom of christ with perfect liberty : and therefore , as the cause why the children of israel took unto one man many wives , might be , lest the casualties of war should any way hinder the promise of god concerning their multitude , from taking effect in them ; so it was not unlike that , for the necessary propagation of christs kingdom under the gospel , the lord was content to allow as much . now whatsoever they did in such sort collect out of scripture , when they came to justifie or perswade it unto others , all was the heavenly fathers appointment , his commandment , his will and charge . which thing is the very point , in regard whereof , i have gathered his declaration . for my purpose herein is to shew , that when the mindes of men are once erroneously perswaded , that it is the will of god to have those things done which they fancy ; then opinions are as thorns in their sides , never suffering them to take rest till they have brought their speculations into practise . the lets and impediments of which practice , their restless desire and study to remove , leadeth them every day forth by the hand into other more dangerous opinions , sometimes quite and clean contrary to their first pretended meanings . so as what will grow out of such errors as go masked under the cl●ak of divine authority , impossible it is , that ever the wit of man should imagine , till time have brought forth the fruits of them : for which cause , it behoveth wisdom to fear the sequels thereof , even beyond all apparent cause of fear . these men , in whose mouths at the first , sounded nothing but onely mortification of the flesh , were come at the lenght , to think they might lawfully have their six or seven wives apiece : they which at the first , thought iudgment and iustice it self to be merciless cruelty ; accounted at the length , their own hands sanctified with being imbrued in christian blood : they who at the first were wont to beat down all dominion , and to urge against poor constables , kings of nations ; had at the length , both consuls and kings of their own erection amongst themselves : finally , they which could not brook at the first , that any man should seek , no not by law , the recovery of goods injuriously taken or withheld from him , were grown at the last to think they could not offer unto god more acceptable sacrifice , then by turning their adversaries clean out of house and home , and by enriching themselves with all kinde of spoil and pillage . which thing being laid to their charge , they had in a readiness their answer , that now the time was come , when , according to our saviours promise , the meek ones must inherit the earth ; and that their title hereunto was the same which the righteous israelites had unto the goods of the wicked egyptians . wherefore sith the world hath had in these men so fresh experience , how dangerous such active errors are , it must not offend you , though touching the sequel of your present misperswasions , much more be doubted , then your own intents and purposes do haply aim at . and yet your words already are somewhat , when ye affirm , that your pastors , doctors , elders , and deacons , ought to be in this church of england , whether her majesty and our state will , or no : when for the animating of your confederates , ye publish the musters which ye have made of your own bands , and proclaim them to amount to i know not how many thousands ; when ye threaten , that sith neither your suits to the parliament , nor supplications to our convocation-house ; neither your defences by writing , nor challenges of disputation in behalf of that cause , are able to prevail , we must blame our selves , if to bring in discipline , some such means hereafter be used , as shall cause all our hearts to ake . that things doubtful , are to be construed in the better part , is a principle not safe to be followed in matters concerning the publick state of a commonweal . but howsoever these and the like speeches , be accounted as arrows idlely shot at random , without either eye had to any mark , or regard to their lighting place ; hath not your longing desire for the practice of your discipline , brought the matter already unto this demurrer amongst you ; whether the people and their godly pastors , that way affected , ought not to make separation from the rest , and to begin the exercise of discipline , without the license of civil powers , which license they have sought for , and are not heard ? upon which question , as ye have now divided your selves , the warier sort of you taking the one part , and the forwarder in zeal , the other ; so in case these earnest ones should prevail , what other sequel can any wise man imagine but this , that having first resolved that attempts for discipline without superiors are lawful , it will follow in the next place to be disputed . what may be attempted against superiors , which will not have the scepter of that discipline to rule over them ? yea , even by you which have staid your selves from running head-long with the other sort , somewhat notwithstanding there hath been done without the leave or liking of your lawful superiors , for the exercise of a part of your discipline amongst the clergy thereunto addicted . and lest examination of principal parties therein should bring those things to light , which might hinder and let your proceedings ; behold , for a bar against that impediment , one opinion ye have newly added unto the rest , even upon this occasion , an opinion to exempt you from taking oaths , which may turn to the molestation of your brethren in that cause . the next neighbor opinions whereunto , when occasion requireth , may follow for dispensation with oaths already taken , if they afterwards be found to import a necessity of detecting ought which may bring such good men into trouble or damage , whatsoever the cause be . o merciful god , what mans wit is there able to sound the depth of those dangerous and fearful evils , whereinto our weak and impotent nature is inclineable to sink it self , rather the● to shew an acknowledgment of error in that which once we have unadvisedly taken upon us to defend , against the stream , as it were , of a contrary publick resolution ! wherefore , if we any thing respect their error , who being perswaded , even as ye are , have gone further upon that perswasion then ye allow , if we regard the present state of the highest governor placed over us , if the quality and disposition of our nobles , if the orders and laws of our famous universities , if the profession of the civil , or the practice of the common law amongst us , if the mischiefs whereinto , even before our eyes , so many others have faln head-long from no less plausible and fair beginnings then yours are : there is in every of these considerations most just cause to fear , lest our hastiness to embrace a thing of so perilous consequence , should cause posterity to feel those evils , which as yet are more easie for us to prevent , then they would be for them to remedy . . the best and safest way for you therefore , my dear brethren , is , to call your deeds past to a new reckoning , to re-examine the cause ye have taken in hand , and to try it even point by point , argument by argument , with all the diligent exactness ye can , to lay aside the gall of that bitterness wherein your mindes have hitherto ever-abounded , and with meekness to search the truth . think ye are men , deem it not impossible for you to err ; sift unpartially your own hearts , whether it be force of reason , or vehemency of affection , which hath bred , and still doth feed these opinions in you . if truth do any where manifest it self , seek not to smother it with glo●ing delusion , acknowledge the greatness thereof , and think it your best victory , when the same doth prevail over you● that ye have been earnest in speaking or writing again and again the contrary way , should be noblemish or discredit at all unto you . amongst so many so huge volumes , as the infinite pains of st. augustine have brought forth , what one hath gotten him greater love , commendation , and honor , then the book wherein he carefully collecteth his own over-sights , and sincerely condemneth them ? many speeches there are of jobs , whereby his wisdom and other vertues may appear ; but the glory of an ingenuous minde he hath purchased by these words onely , behold , i will lay mine hand on my mouth , i have spoken once , yet will i not therefore maintain argument ; yea , twice , howbeit for that cause further i will not proceed . far more comfort it were for us ( so small is the joy we take in these strises ) to labor under the same yoke , as men that look for the same eternal reward of their labors , to be enjoyned with you in bands of indissoluble love and amity , to live as if our persons being many , our souls were but one , rather than in such dismembred sort , to spend our few and wretched days in a tedious prosecuting of wearisome contentions ; the end whereof , if they have not some speedy end , will be heavy , even on both sides . brought already we are , even to that estate which gregory nazianzen mournfully describeth , saying , my minde leadeth me ( sith there is no other remedy ) to flie and to convey my self into some corner out of sight , where i may scape from this cloudy tempest of maliciousness , whereby all parts are entred into a deadly war amongst themselves , and that little remnant of love which was , is now consumed to nothing . the onely godliness we glory in , is to finde out somewhat whereby we may judge others to be ungodly . each others faults we observe , as matter of exprobration , and not of grief . by these means we are grown hateful in the eyes of the heathens themselves , and ( which woundeth us the more deeply ) able we are not to deny , but that we have deserved their hatred : with the better sort of our own , our fame and credit is clean lost . the less we are to marvel , if they judge vilely of us , who although we did well , would hardly allow thereof . on our backs they also build that are leud , and what we object one against another , the same they use , to the utter scorn and disgrace of us all . this we have gained by our mutual home-dissentions : this we are worthily rewarded with , which are more forward to strive , then becometh men of vertuous and milde disposition . but our trust in the almighty is , that with us contentions are now at the highest flote , and that the day will come ( for what cause of despair is there ? ) when the passions of former enmity being allayed , we shall with ten times redoubled tokens of our unfeignedly reconciled love , shew our selves each towards other the same , which joseph and the brethren of joseph were at the time of their enterview in egypt . our comfortable expectation and most thirsty desire whereof , what man soever amongst you shall any way help to satisfie , ( as we truly hope , there is no one amongst you , but some way or other will. ) the blessings of the god of peace , both in this world , and in the world to come , be upon him more then the stars of the firmament in number . what things are handled in the following books . book i. concerning laws in general . book ii. of the use of divine law contained in scripture ; whether that be the onely law which ought to serve for our direction in all things without exception ? book iii. of laws concerning ecclesiastical polity : whether the form thereof be in scripture so set down , that no addition or charge is lawful ? book iv. of general exceptions taken against the laws of our polity , as being popish , and banished out of certain reformed churches . book v. of our laws that concern the publick religious duties of the church , and the manner of bestowing that power of order , which enableth men in sundry degrees and callings to execute the same . book vi. of the power of iurisdiction , which the reformed platform claimeth unto lay-elders , with others . book vii . of the power of iurisdiction , and the honor which is annexed thereunto in bishops . book viii . of the power of ecclesiastical dominion or supream authority , which with us the highest governor or prince hath , as well in regard of domestical iurisdictions , as of that other foreignly claimed by the bishop of rome . of the laws of ecclesiastical polity . book i. concerning laws , and their several kindes in general . the matter contained in this first book . . the cause of writing this general discourse concerning laws . . of that law which god from before the beginning hath set for himself , to do all things by . . the law which natural agents observe , and their necessary manner of keeping it . . the law which the angels of god obey . . the law whereby man is in his actions directed to the imitation of god. . mens first beginning to understand that law. . of mans will , which is the first thing that laws of action are made to guide . . of the natural finding out of laws by the light of reason , to guide the will unto that which is good . . of the benefit of keeping that law which reason teacheth . . how reason doth lead men unto the making of humane laws , whereby politick societies are governed , and to agreement about laws , whereby the fellowship or communion of independent societies stanoeth . . wherefore god hath by scripture further made known such supernatural laws● as do serve for mens direction . . the cause why so many natural or rational laws are set down in holy scripture . . the benefit of having divine laws written . . the sufficiency of scripture unto the end for which it was instituted . . of laws positive contained in scripture ; the mutability of certain of them , and the general use of scripture . . a conclusion , shewing how all this belongeth to the cause in question . he that goeth about to perswade a multitude , that they are not so well-governed as they ought to be ; shall never want attentive and favorable . hearers ; because they know the manifold defects whereunto every kinde of regiment is subject ; but the secret lets and difficulties , which in publick proceedings , are innumerable and inevitable , they have not ordinarily the judgment to consider . and because such as openly reprove supposed disorders of state , are taken for principal friends to the common benefit of all , and for men that carry singular freedom of minde : under this fair and plausible colour whatsoever they utter , passeth for good and currant . that which wanteth in the weight of their speech , is supplied by the aptness of mens mindes to accept and believe it . whereas on the other side , if we maintain things that are established , we have not onely to strive with a number of heavy prejudices , deeply rooted in the hearts of men , who think that herein we serve the time , and speak in favor of the present state , because thereby we either hold or seek preferment ; but also to bear such exceptions as mindes so avetted before-hand , usually take against that which they are loth should be poured into them . albeit therefore , much of that we are to speak in this present cause , may seem to a number perhaps tedious , perhaps obscure , dark , and intricate , ( for many talk of the truth , which never sounded the depth from whence it springeth : and therefore when they are led thereunto , they are soon weary , as men drawn from those beaten paths wherewith they have been inured ; ) yet this may not so far prevail , as to cut off that which the matter it self requireth , howsoever the nice humor of some be therewith pleased , or no. they unto whom we shall seem tedious , are in no wise injured by us , because it is in their own hands to spare that labor which they are not willing to endure . and if any complain of obscurity , they must consider , that in these matters it cometh no otherwise to pass , then in sundry the works both of art , and also of nature , where that which hath greatest force in the very things we see , is notwithstanding itself oftentimes not seen . the stateliness of houses , the goodliness of trees , when we behold them delighteth the eye ; but that foundation which beareth up the one , that root which ministreth unto the other nourishment and life , is in the bosome of the earth concealed ; and if there be occasion at any time to search into it , such labor is then more necessary then pleasant , both to them which undertake it , and for the lookers on . in like manner , the use and benefit of good laws , all that live under them , may enjoy with delight and comfort , albeit the grounds and first original causes from whence they have sprung , be unknown , as to the greatest part of men they are . but when they who withdraw their obedience , pretend , that the laws which they should obey , are corrupt and vicious : for better examination of their quality , it behoveth the very foundation and root , the highest well-spring and fountain of them to be discovered . which because we are not oftentimes accustomed to do , when we do it , the pains we take are more needful a great deal then acceptable , and the matters which we handle , seem by reason of newness , ( till the minde grow better acquainted with them ) dark , intricate , and unfamiliar . for as much help whereof as may be in this case , i have endeavored throughout the body of this whole discourse , that every former part might give strength unto all that follow , and every latter bring some light unto all before : so that if the judgments of men do but hold themselves in suspence , as touching these first more general meditations , till in order they have perused the rest that ensue ; what may seem dark at the first , will afterwards be found more plain , even as the latter particular decisions will appear , i doubt not , more strong , when the other have been read before . the laws of the church , whereby for so many ages together we have been guided in the exercise of christian religion , and the service of the true god , our rites , customs , and orders of ecclesiastical government , are called in question : we are accused as men that will not have christ jesus to rule over them ; but have wilfully cast his statutes behinde their backs , hating to be reformed and made subject unto the scepter of his discipline . behold therefore , we offer the laws whereby we live , unto the general tryal and judgment of the whole world ; heartily beseeching almighty god , whom we desire to serve according to his own will , that both we and others ( all kinde of partial affection being clean laid aside ) may have eyes to see , and hearts to embrace the things that in his sight are most acceptable . and because the point , about which we strive , is the quality of our laws , our first entrance hereinto cannot better be made , then with consideration of the nature of law in general , and of that law which giveth life unto all the rest which are commendable , just , and good , namely , the law whereby the eternal himself doth work . proceeding from hence to the law , first of nature , then of scripture , we shall have the easier access unto those things which come after to be debated , concerning the particular cause and question which we have in hand . . all things that are , have some operation not violent or casual : neither doth any thing ever begin to exercise the same , without some fore-conceived end for which it worketh . and the end which it worketh for , is not obtained , unless the work be also fit to obtain it by ; for unto every end , every operation will not serve : that which doth assign unto each thing the kinde , that which doth moderate the force and power , that which doth appoint the form and measure of working , the same we term a law : so that no certain end could ever be attained , unless the actions whereby it is attained , were regular ; that is to say , made suitable , fit , and correspondent unto their end , by some canon rule or law. which thing doth first take place in the works , even of god himself . all things therefore do work after a sort , according to law ; all other things according to a law , whereof some superiors unto whom they are subject , is author ; onely the works and operations of god , have him both for their worker , and for the law whereby they are wrought . the being of god , is a kinde of law to his working ; for that perfection which god is , giveth perfection to that he doth . those natural , necessary , and internal operations of god , the generation of the son , the proceeding of the spirit , are without the compass of my present intent ; which is to touch onely such operations as have their beginning and being by a voluntary purpose , wherewith god hath eternally decreed , when , and how they should be ; which eternal decree is that we term an eternal law. dangerous it were for the feeble brain of man , to wade far into the doings of the most high ; whom although to know be life , and joy to make mention of his name ; yet our soundest knowledge is , to know , that we know him not as indeed he is , neither can know him ; and our safest eloquence concerning him , is our silence , when we confess without confession , that his glory is inexplicable , his greatness above our capacity and reach . he is above , and we upon earth ; therefore it behoveth our words to be wary and few . our god is one , or rather very oneness , and meer unity , having nothing but it self in it self , and not consisting ( as all things do besides god ) of many things . in which essential unity of god , a trinity personal nevertheless subsisteth , after a manner far exceeding the possibility of mans conceit . the works which outwardly are of god , they are in such sort of him being one , that each person hath in them somewhat peculiar and proper . for being three , and they all subsisting in the essence of one deity , from the father , by the son , through the spirit , all things are . that which the son doth hear of the father , and which the spirit doth receive of the father and the son , the same we have at the hands of the spirit , as being the last ; and therefore the nearest unto us in order , although in power the same with one second and the first . the wise and learned among the very heathens themselves , have all acknowledged some first cause , whereupon originally the being of all things dependeth . neither have they otherwise spoken of that cause then as an agent , which knowing what and why it worketh , observeth in working a most exact order or law. thus much is signified by that which homer mentioneth , a , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thus much acknowledged by mercurius trismegistus , b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thus much confest by anaxagoras and plato , terming the maker of the world , an intellectual worker . finally , the stoiks , although imagining the first cause of all things to be fire , held nevertheless , that the same fire having art , did c o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . they all confess therefore , in the working of that first cause , that counsel is used , reason followed , a way observed , that is to say , constant order and law is kept , whereof it self must needs be author unto it self : otherwise it should have some worthier and higher to direct it , and so could not it self be the first , being the first , it can have no other then it self to be the author of that law , which it willingly worketh by . god therefore is a law both to himself , and to all other things besides . to himself , he is a law in all those things whereof our saviour speaks , saying , my father worketh as yet , so i. god worketh nothing without cause . all those things which are done by him , have some end , for which they are done ; and the end for which they are done , is a reason of his will to do them . his will had not inclined to create woman , but that he saw it could not be well , if she were not created . non est bonum , it is not good man should be alone ; therefore let us make an helper for him . that and nothing else is done by god , which to leave undone , were not so good . if therefore it be demanded , why god having power and ability infinite , the effects notwithstanding of that power are all so limited , as we see they are : the reason hereof is , the end which he hath proposed , and the law whereby his wisdom hath stinted the effects of his power in such sort , that it doth not work infinitely , but correspondently unto that end for which it worketh , even all things , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in most decent and comely sort , all things in measure , number , and weight . the general end of gods external working , is the exercise of his most glorious and most abundant vertue . which abundance doth shew it self in variety , and for that cause this variety is oftentimes in scripture exprest by the name of riches . the lord hath made all things for his own sake . not that any thing is made to be beneficial unto him , but all things for him to shew beneficence and grace in them . the particular drift of every act proceeding externally from god , we are not able to discern , and therefore cannot always give the proper and certain reason of his works . howbeit undoubtedly , a proper and certain reason there is of every finite work of god , in as much as there is a law imposed upon it ; which if there were not , it should be infinite , even as the worker himself is . they err therefore , who think that of the will of god to do this or that , there is no reason besides his will. many times no reason known to us ; but that there is no reason thereof , i judge it most unreasonable to imagine , in as much as he worketh all things , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not onely according to his own will , but the counsel of his own will. and whatsoever is done with counsel or wise resolution , hath of necessity some reason why it should be done , albeit that reason be to us in some things so secret , that it forceth the wit of man to stand , as the blessed apostle himself doth , amazed thereat , o the depth of the riches , both of the wisdom and knowledge of god. how unsearchable are his iudgments , &c. that law eternal which god himself hath made to himself , and thereby worketh all things , whereof he is the cause and author ; that law in the admirable frame whereof shineth with most perfect beauey , the countenance of that wisdom which hath testified concerning her self , the lord possessed me in the beginning of his way , even before his works of old , i was set up : that law which hath been the pattern to make , and is the card to guide the world by ; that law which hath been of god , and with god everlastingly ; that law , the author and observer whereof is , one onely god , to be blessed for ever ; how should either men or angels be able perfectly to behold ? the book of this law , we are neither able nor worthy to open and look into . that little thereof , which we darkly apprehend , we admire ; the rest , with religious ignorance , we humbly and meekly adore . seeing therefore , that according to this law he worketh , of whom , through whom , and for whom , are all things ; although there seem unto us confusion and disorder in the affairs of this present world● tamen quoniam bonus mundum rector temperat , recte fieri cuncta ne dubites . let no man doubt , but that every thing is well done , because the world is rule by so good a guide , as transgresseth not his own law ; then which , nothing can be more absolute , perfect , and just . the law whereby he worketh , is eternal , and therefore can have no shew or colour of mutability : for which cause , a part of that law being opened in the promises which god hath made ( because his promises are nothing else but declarations , what god will do for the good of men ) touching those promises the apostle hath witnessed , that god may as possibly deny himself , and not be god , as fail to perform them . and concerning the counsel of god , he termeth it likewise a thing unchangeable ; the counsel of god , and that law of god , whereof now we speak , being one . nor is the freedom of the will of god , any whit abated , let , or hindred , by means of this ; because the imposition of this law upon himself , is his own free and voluntary act . this law therefore , we may name eternal , being that order which god before all ages hath fet down with himself , for himself to do all things by . . i am not ignorant , that by law eternal , the learned for the most part do understand the order , not which god hath eternally purposed himself in all his works to observe , but rather that , which with himself he hath set down as expedient to be kept by all his creatures , according to the several conditions wherewith he hath endued them . they who thus are accustomed to speak , apply the name of law unto that onely rule of working , which superior authority imposeth ; whereas we somewhat more enlarging the sense thereof , term any kinde of rule or canon whereby actions are framed , a law. now that law , which as it is laid up in the bosom of god , they call eternal , receiveth according unto the different kinde of things which are subject unto it , different and sundry kindes of names . that part of it , which ordereth natural agents , we call usually natures law ; that which angels do clearly behold , and without any swerving observe , is a law celestial and heavenly ; the law of reason , that which bindeth creatures reasonable in this world , and with which by reason they most plainly perceive themselves bound ; that which bindeth them , and is not known but by special revelation from god , divine law. humane law , that which out of the law , either of reason , or of god , men probably gathering to be expedient , they make it a law. all things therefore , which are as they ought to be , are conformed unto this second law eternal ; and even those things , which to this eternal law are not conformable , are notwithstanding in some sort ordered by the first eternal law. for what good or evil is there under the sun ; what action correspondent or repugnant unto the law which god hath imposed upon his creatures , but in , or upon it , god doth work according to the law which himself hath eternally purposed to keep ; that is to say , the first eternal law ? so that a twofold law eternal being thus made , it is not hard to conceive how they both take place in d all things . wherefore to come to the law of nature , albeit thereby we sometimes mean that manner of working which god hath set for each created thing to keep ; yet for as much as those things are termed most properly natural agents , which keep the law of their kinde unwittingly , as the heavens and elements of the world , which can do no otherwise then they do : and for as much as we give unto intellectual natures , the name of voluntary agents , that so we may distinguish them from the other , expedient it will be , that wesever the law of nature observed by the one , from that which the other is tied unto . touching the former , their strict keeping of one tenure , statute , and law is spoken of by all , but hath in it more then men have as yet attained to know , or perhaps ever shall attain , seeing the travel of wading herein , is given of god to the sons of men ; that perceiving how much the least thing in the world hath in it , more then the wisest are able to reach unto , the may by this means learn humility . moses , in describing the work of creation , attributeth speech unto god : god said , let there be light : let there be a firmament : let the waters under the heavens be gathered together into one place : let the earth bring forth : let there be lights in the firmament of heaven . was this onely the intent of moses , to signifie the infinite greatness of gods power , by the easiness of his accomplishing such effects , without travel , pain , or labor ? surely , it seemeth that moses had herein , besides this , a further purpose , ' namely , first , to teach that god did not work as a necessary , but a voluntary agent , intending beforehand ; and decreeing with himself , that which did outwardly proceed from him . secondly , to shew that god did then institute a law natural to be observed by creatures ; and therefore according to the manner of laws , the institution thereof is described , as being established by solemn injunction . his commanding those things to be which are , and to be in such sort as they are , to keep that tenure and course which they do , importeth the establishment of natures law. this worlds first creation , and the preservation since of things created , what is it , but onely so far forth a manifestation by execution , what the eternal law of god is concerning things natural ? and as it cometh to pass in a kingdom rightly ordered , that after a law is once published , it presently takes effect far and wide , all states framing themselves thereunto ; even so let us think it fareth in the natural course of the world : since the time that god did first proclaim the edicts of his law upon it , heaven and earth have hearkned unto his voice , and their labor hath been to do his will : he made a law for the rain ; he gave his decree unto the sea , that the waters should not pass his commandment . now , if nature should intermit her course , and leave altogether , though it were but for a while , the observation of her own laws ; if those principal and mother elements of the world , whereof all things in this lower world are made , should lose the qualities which now they have ; if the frame of that heavenly arch erected over our heads , should loosen and dissolve it self ; if celestial spheres should forget their wonted motions , and by irregular volubility turn themselves any way as it might happen ; if the prince of the lights of heaven , which now as a gyant doth run his unwearied course ; should , as it were , through a languishing faintness , begin to stand , and to rest himself ; if the moon should wander from her beaten way , the times and seasons of the year blend themselves , by disordered and confused mixture , the winds breathe out their last gasp , the clouds yield no rain , the earth be defeated of heavenly influence , the fruits of the earth pine away , as children at the withered brests of their mother , no longerable to yield them relief : what would become of man himself , whom these things now do all serve ? see we not plainly , that obedience of creatures unto the law of nature , is the stay of the whole world ? notwithstanding , with nature it cometh sometimes to pass , as with art . let phidias have rude and obstinate stuff to carve , though his art do that it should , his work will lack that beauty which otherwise in fitter matter it might have had . he that striketh an instrument with skill , may cause notwithstanding a very unpleasant sound , if the string whereon he striketh , chance to be uncapable of harmony . in the matter whereof things natural consist , that of theophrastus takes place , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 much of it is oftentimes such , as will by no means yield to receive that impression which were best and most perfect . which defect in the matter of things natural , they who gave themselves unto the contemplation of nature amongst the heathen , observed often : but the true original cause thereof , divine malediction , laid for the sin of man upon these creatures , which god had made for the use of man ; this being an article of that saving truth which god hath revealed unto his church , was above thereach of their meerly natural capacity and understanding . but howsoever , these swervings are now and then incident into the course of nature ; nevertheless , so constantly the laws of nature , are by natural agents observed , that no man denieth , but those things which nature worketh , are wrought either always , or for the most part , after one and the same manner . if here it be demanded , what that is which keepeth nature in obedience to her own law , we must have recourse to that higher law , whereof we have already spoken ; and because all other laws do thereon depend , from thence we must borrow so much as shall need for brief resolution in this point . although we are not of opinion therefore , as some are , that nature in working , hath before her certain exemplary draughts or patterns , which subsisting in the bosom of the highest , and being thence discovered , she fixeth her eye upon them , as travellers by sea upon the pole-star of the world , and that according thereunto she guideth her hand to work by imitation : although we rather embrace the oracle of hippocrates . that each thing , both in small and in great , fulfilleth the task which destiny hath set down . and concerning the manner of excecuting and fulfilling the same , what they do , they know not , yet is it in shew and appearance , as though they did know what they do ; and the truth is , they do not discern the things which they look on : nevertheless , for as much as the works of nature are no less exact , then if she did both behold and study how to express some absolute shape or mirror always present before her ; yea , such her dexterity and skill appeareth , that no intellectual creature in the world were able by capacity , to do that which nature doth without capacity and knowledge , it cannot be , but nature hath some directer of infinite knowledge to guide her in all her ways . who the guide of nature , but onely the god of nature ? in him we live , move , and are . those things which nature is said to do , are by divine art performed , using nature as an instrument ; nor is there any such art or knowledge divine in nature her self working , but in the guide of natures work . whereas therefore things natural , which are not in the number of voluntary agents ( for of such onely we now speak , and of no other ) do so necessarily observe their certain laws , that as long as they keep those e forms which give them their being , they cannot possibly be apt or inclinable to do otherwise then they do ; seeing the kindes of their operations are both constantly and exactly framed , according to the several ends for which they serve , they themselves , in the mean while , though doing that which is fit , yet knowing neither what they do , nor why : it followeth , that all which they do in this sort , proceedeth originally from some such agent , as knoweth , appointeth , holdeth up , and even actually frameth the same . the manner of this divine efficiency being far above us , we are no more able to conceive by our reason , then creatures unreasonable by their sense , are able to apprehend after what manner we dispose and order the course of our affairs . onely thus much is discerned , that the natural generation and process of all things , receiveth order of proceeding from the setled stability of divine understanding . this appointeth unto them their kindes of working , the disposition whereof , in the purity of gods own knowledge and will , is rightly termed by the name of providence . the same being referred unto the things themselves here disposed by it , was wont by the ancient to be called natural destiny . that law , the performance whereof we behold in things natural , is as it were an authentical , or an original draught , written in the bosom of god himself ; whose spirit being to execute the same , useth every particular nature , every meer natural agent , onely as an instrument created at the beginning , and ever since the beginning , used to work his own will and pleasure withal . nature therefore , is nothing else but gods instrument : in the course whereof , dionysius perceiving some sudden disturbance , is said to have cryed out , aut dens natura patitur , aut mundi machina dissolvitur ; either god doth suffer impediment , and is by a greater then himself hindred ; or if that be impossible , then hath he determined to make a present dissolution of the world , the execution of that law beginning now to stand still , without which the world cannot stand . this workman , whose servitor nature is , being in truth but onely one , the heathens imagining to be moe , gave him in the skie , the name of iupiter , in the air , the name of iune , in the water , the name of neptune , in the earth , the name of vesla , and sometimes of ceres ; the name of apollo in the sun , in the moon , the name of diana , the name of aeolus , and divers other in the winds ; and to conclude , even so many guides of nature they dreamed of , as they saw there were kindes of things natural in the world. these they honored , as having power to work or cease accordingly as men deseived of them : but unto us , there is one onely guide of all agents natural , and he both the creator and the worker of all in all , alone to be blessed , adored , and honored by all forever . that which hitherto hath been spoken , concerneth natural agents considered in themselves : but we must further remember also ( which thing to touch , in a word , shall suffice , ) that as in this respect they have their law , which law directeth them in the means whereby they tend to their own perfection ; so likewise another law there is , which toucheth them as they are sociable parts united into one body : a law which bindeth them each to serve unto others good , and all to prefer the good of the whole , before whatsoever their own particular , as we plainly see they do , when things natural in that regard , forget their ordinary natural wont : that which is heavy , mounting sometime upwards of its own accord , and forsaking the centre of the earth , which to it self is most natural , even as if it did hear it self commanded to let go the good it privately wisheth , and to relieve the present distress of nature in common . . but now that we may lift up our eyes ( as it were ) from the tootstool to the throne of god , and leaving these natural , consider a little the state of heavenly and divine creatures : touching angels , which are spirits immaterial and intellectual , the glorious inhabitants of those sacred palaces , where nothing but light and blessed immortality , no shadow of matter for tears , discontentments , griefs , and uncomfortable passions to work upon ; but all joy , tranquillity , and peace , even for ever and ever doth dwell . as in number and order they are huge , mighty , and royal armies , so likewise in perfection of obedience unto that law , which the highest , whom they adore , love , and imitate , hath imposed upon them . such observants they are thereof , that our saviour himself being to set down the perfect idea of that which we are to pray and wish for on earth , did not teach to pray or wish for more , then onely that here it might be with us , as with them it is in heaven . god which moveth meer natural agents as an efficient onely , doth otherwise move intellectual creatures , and especially his holy angels : for beholding the face of god , in admiration of so great excellency , they all adore him ; and being rapt with the love of his beauty , they cleave inseparably for ever unto him , desire to resemble him in goodness , maketh them unwearable , and even unsatiable in their longing , to do by all means , all manner of good unto all the creatures of god , but especially unto the children of men. in the countenance of whose nature looking downward , they behold themselves beneath themselves , even as upward in god , beneath whom themselves are , they see that character which is no where but in themselves and us , resembled . thus far even the painims have approached ; thus far they have seen into the doings of the angels of god ; orpheus confessing , that the fiery throne of god is attended on by those most industrious angels , careful how all things are performed amongst men , and the mirror of humane wisdom plainly teaching , that god moveth angels , even as that thing doth stir mans heart , which is thereunto presented amiable . angelical actions may therefore be reduced unto these three general kindes . first , most delectable love arising from the visible apprehension of the purity , glory , and beauty of god invisible , saving onely unto spirits that are pure : secondly , adoration , grounded upon the evidence of the greatness of god , on whom they see how all things depend : thirdly , imitation , bred by the presence of his exemplary goodness , who ceaseth nor before them daily to fill heaven and earth with the rich treasures of most free and undeserved grace . of angels , we are not to consider onely what they are , and do , in regard of their own being , but that also which concerneth them as they are linked into a kinde of corporation amongst themselves , and of society or fellowship with men . consider angels , each of them severally in himself , and their law is that which the prophet david mentioneth , all ye his angels praise him . consider the angels of god associated , and their law is that which disposeth them as an army , one in order and degree above another . consider finally the angels , as having with us that communion which the apostle to the hebrews noteth ; and in regard whereof , angels have not disdained to profess themselves our fellow servants . from hence there springeth up a third law , which bindeth them to works of ministerial employment : every of which their several functions , are by them performed with joy . a part of the angels of god notwithstanding ( we know ) have faln , and that their fall hath been through the voluntary breach of that law , which did require at their hands continuance in the exercise of their high and admirable vertue . impossible it was , that ever their will should change or encline to remit any part of their duty , without some object having force to avert their conceit from god , and to draw it another way ; and that before they attained that high perfection of bliss , wherein now the elect angels are without possibility of falling . of any thing more then of god , they could not by any means like , as long as whatsoever they knew besides god , they apprehended it not in it self , without dependency upon god ; because so long , god must needs seem infinitely better then any thing which they so could apprehend . things beneath them , could not in such sort be presented unto their eyes , but that therein they must needs see always , how those things did depend on god. it seemeth therefore , that there was no other way for angels to sin , but by reflex of their understanding upon themselves ; when being held with admiration of their own sublimity and honor , the memory of their subordination unto god , and their dependency on him was drowned in this conceit , whereupon their adoration , love , and imitation of god , could not chuse but be also interrupted . the fall of angels therefore , was pride : since their fall , their practices have been the clean contrary unto those beforementioned ; for being dispersed , some in the air , some on the earth , some in the water ; some amongst the minerals , dens , and caves that are under the earth , they have , by all means , labored to effect an universal rebellion against the laws , and as far as its them lieth , utter destruction of the works of god. these wicked spirits , the heathens honored instead of gods , both generally under the name of dii inferi , gods infernal ; and particularly , some in oracles , some in idols , some as houshold gods , some as nymphs : in a word , no foul and wicked spirit , which was not one way or other honored of men as god , till such time as light appeared in the world , and dissolved the works of the devil . thus much therefore may suffice for angels , the next unto whom in degree are men. . god alone excepted , who actually and everlastingly is , whatsoever he may be , and which cannot hereafter be , that which now he is not ; all other things besides , are somewhat in possibility , which as yet they are not in act . and for this cause , there is in all things an appetite or desire , whereby they incline to something which they may be ; and when they are it , they shall be perfecter then now they are . all which perfections are contained under the general name of goodness . and because there is not in the world any thing whereby another may not some way be made the perfecter , therefore all things that are , are good . again , sith there can be no goodness desired , which proceedeth not from god himself , as from the supream cause of all things ; and every effect doth after a sort contain , at leastwise resemble the cause from which it proceedeth : all things in the world are said , in some sort , to seek the highest , and to cover more or less the participation of god himself ; yet this doth no where so much appear , as it doth in man , because there are so many kindes of perfections which man seeketh ! the first degree of goodness , is , that general perfection which all things do seek , in desiring the continuance of their being ; all things therefore coveting , as much as may be , to be like unto god in being ever , that which cannot hereunto attain personally , doth seek to continue it self another way ; that is , by off-spring and propagation . the next degree of goodness is , that which each thing coveteth , by affecting resemblance with god , in the constancy and excellency of those operations which belong unto their kinde ! the immutability of god they strive unto , by working either always , or for the most part , after one and the same manner ; his absolute exactness they imitate , by tending unto that which is most exquisite in every particular . hence have risen a number of axioms in philosophy ; shewing , how the works of nature do always aim at that which cannot be bettered . these two kindes of goodness rehearsed , are so nearly united to the things themselves which desire them , that we scarcely perceive the appetite to stir in reaching forth her hand towards them . but the desire of those perfections which grow externally , is more apparent , especially of such as are not expresly desired , unless they be first known , or such as are not for any other cause , then for knowledge it self desired . concerning perfections in this kinde , that by proceeding in the knowledge of truth , and by growing in the exercise of vertue , man , amongst the creatures of this inferior world , aspireth to the greatest conformity with god : this is not onely known unto us , whom he himself hath so instructed , but even they do acknowledge , who amongst men are not judged the nearest unto him . with plato , what one thing more usual , then to excite men unto the love of wisdom , by shewing , how much wise men are thereby exalted above men ; how knowledge doth raise them up into heaven ; how it maketh them , though not gods , yet ●as gods , high , admirable , and divine ? and mercurius trismegistus speaking of the vertues of a righteous soul , such spirits ( saith he ) are never slayed with praising and speaking well of all men , with doing good unto every one by word and deed , because they study to frame themselves according to the pattern of the father of spirits . . in the matter of knowledge , there is between the angels of god , and the children of men this difference : angels already have full and compleat knowledge in the highest degree that can be imparted unto them : men , if we view them in their spring , are at the first without understanding or knowledge at all . nevertheless , from this utter vacuity they grow by degrees , till they come at length to be even as the angels themselves are . that which agreeth to the one now , the other shall attain unto in the end , they are not so far disjoyned and severed , but that they comest length to meet . the soul of man being therefore at the first as a book , wherein nothing is , and yet all things may be imprinted ; we are to search by what steps and degrees it riseth unto perfection of knowledge . unto that which hath been already set down , concerning natural agents , this we must add , that albeit therein we have comprised as well creatures living , as void of life , if they be in degree of nature beneath men ; nevertheless , a difference we must observe between those natural agents that work altogether unwittingly ; and those which have , though weak , yet some understanding what they do , as fishes , fowls , and beasts , have . beasts are in sensible capacity as ripe , even as men themselves , perhaps more ripe . for as stones , though in dignity of nature , inferior unto plants , yet exceed them in firmness of strength , or durability of being , and plants , though beneath the excellency of creatures endued with sense , yet exceed them in the faculty of vegetation , and of fertility : so beasts , though otherwise behinde men , may notwithstanding in actions of sense and fancy go beyond them , because the endeavors of nature , when it hath an higher perfection to seek , are in lower the more remiss , not esteeming thereof so much as those things do , which have no better proposed unto them . the soul of man therefore , being capable of a more divine perfection , hath ( besides the faculties of growing unto sensible knowledge , which is common unto us with beasts ) a further hability , whereof in them there is no shew at all , the ability of reaching * higher then unto sensible things : till we grow to some ripeness of years , the soul of man doth onely store it self with conceits of things of inferior and more open quality , which afterwards do serve as instruments unto that which is greater ; in the mean while , above the reach of meaner creatures is ascendeth not . when once it comprehendeth any thing above this , as the differences of time , affirmations , negations , and contradiction in speech , we then count it to have some use of natural reason . whereunto , if afterwards there might be added the right helps of true art and learning ( which helps , i must plainly confess , this age of the world , carrying the name of a learned age , doth neither much know , not greatly regard ) there would undoubtedly be almost as great difference in maturity of judgment between men therewith inured , and that which now men are , as between men that are now , and innocents . which speech , if any condemn , as being over hyperbolical , let them consider but this one thing : no art is at the first finding out so perfect , as industry may aftermake it ; yet the very first man , that to any purpose knew the way we speak of , and followed it , hath alone thereby performed more , very near , in all parts of natural knowledge , then sithence in any one part thereof the whole world besides hath done : in the poverty of that other new devised aid , two things there are notwithstanding singular . of marvellous quick dispatch it is , and doth shew them that have it , as much almost in three days , as if it had dwelt threescore years with them . again , because the curiosity of mans wit doth many times with perswade farther in the search of things , then were convenient , the same is thereby restrained unto such generalities , as every where offering themselves , are apparent unto men of the weakest conceit that need be : so as following the rules and precepts thereof , we may finde it to be an art , which teacheth the way of speedy discourse , and restraineth the minde of man , that it may not wax overwise . education and instruction are the means , the one by use , the other by precept , to make our natural faculty of reason , both the better , and the sooner able to judge rightly between truth and error , good and evil. but at what time a man may be said to have attained so far forth the use of reason , as sufficeth to make him capable of those laws , whereby he is then bound to guide his actions : this is a great deal more easie for common sense to discern , then for any man by skill and learning to determine ; even as it is not in philosophers , who best know the nature both of fire and gold , to teach what degree of the one , will serve to purifie the other , so well as the artizan ( which doth this by fire ) discerneth by sense , when the fire hath that degree of heat which sufficeth for his purpose . . by reason , man attaineth unto the knowledge of things that are , and are not sensible ; it resteth therefore , that we search how man attaineth unto the knowledge of such things unsensible , as are to be known , that they may be done . seeing them that nothing can move , unless there be some end , the desire whereof provoketh unto motion : how should that divine power of the soul , that spirit of our minde , as the apostle termeth it , ever stir it self unto action , unless it have also the like spur : the end for which we are moved to work , is sometimes the goodness which we conceive of the very working it self , without any further respect at all ; and the cause that procureth action , is the meer desire of action , no other good besides being thereby intended . of certain turbulent wits , it is said , illis quieta movere magna merces videbatur . they thought the very disturbance of things established , an hire sufficient to set them on work : sometimes that which we do , is referred to a further end , without the desire whereof , we would leave the same undone , as in their actions that gave alms , to purchase thereby the praise of men . man in perfection of nature , being made according to the likeness of his maker , resembleth him also in the manner of working ; so that whatsoever we work as men , the same we do wittingly work , and freely : neither are we , according to the manner of natural agents , any way so tied , but that it is in our power to leave the things we do undone . the good which either is gotten by doing , or which consisteth in the very doing it self , causeth not action , unless apprehending it as good , we so like and desire it . that we do unto any such end , the same we chuse and prefer before the leaving of it undone . choice there is not , unless the thing which we take , be so in our power , that we might have refused and left it . if fire consume the stubble , it chuseth not so to do , because the nature thereof is such , that it can do no other : to chuse , is to will one thing before another ; and to will , is to bend our souls to the having or doing of that which they see to be good . goodness is seen with the eye of the understanding , and the light of that eye , is reason : so that two principal fountains there are of humane action , knowledge and will ; which will , in things tending towards any end , is termed choice . concerning knowledge ; behold , saith moses , i have set before you this day , good end evil , life and death . concerning will , he addeth immediately chuse life ; that is to say , the things that tend unto life , them chuse : but of one thing we must have special care , as being a matter of no small moment , and that is , how the will properly and strictly taken , as it is of things which are referred unto the end that man desireth , differeth greatly from that inferior natural desire , which we call appetite . the object of appetite is , whatsoever sensible good may be wished for ; the object of will is , that good which reason doth lead us to seek . affections , as joy , and grief , and fear , and anger , with such like , being , as it were , the sundry fashions and forms of appetite , can neither rise at the conceit of a thing indifferent , nor yet chuse but rise at the sight of some things . wherefore it is not altogether in our power , whether we will be stirred with affections , or no. whereas actions which issue from the disposition of the will , are in the power thereof to be performed or stayed . finally , appetite is the wills sollicitor , and the will is appetites controuler ; what we covet according to the one , by the other we often reject : neither is any other desire termed properly will , but that where reason and understanding , or the shew of reason , prescribeth the thing desired . it may be therefore a question , whether those operations of men are to be counted voluntary , wherein that good which is sensible , provoketh appetite , and appetite causeth action , reason being never called to counsel ; as when we eat or drink , or betake ourselves unto rest , and such like . the truth is , that such actions in men having attained to the use of reason , are voluntary : for as the authority of higher powers , bath force even in those things which are done without their privity , and are of so mean reckoning , that to acquaint them therewith it needeth not : in like sort , voluntarily we are said to do that also , which the will , if it listed , might hinder from being done , although about the doing thereof , we do not expresly use our reason or understanding , and so immediately apply our wills thereunto . in cases therefore of such facility , the will doth yield her assent , as it were , with a kinde of silence , by not dissenting ; in which respect , her force is not so apparent , as in express mandates or prohibitions , especially upon advice and consultation going before . where understanding therefore needeth in those things , reason is the director of mans will , by discovering in action what is good : for the laws of weldoing , are the dictates of right reason . children which are not as yet come unto those years whereat they may have , again , innocents , which are excluded by natural defect from ever having ; thirdly , mad-men , which for the present cannot possibly have the use of right reason to guide themselves , have for their guide the reason that guideth other men , which are tutors over them , to seek and to procure their good for them . in the rest , there is that light of reason , whereby good may be known from evil ; and which discovering the same rightly , is termed right . the will notwithstanding , doth not incline to have , or do that which reason teacheth to be good , unless the same do also teach it to be possible . for albeit the appetite , being more general , may wish any thing which seemeth good , be it never so impossible ; yet for such things , the reasonable will of man doth never seek . let reason teach impossibility in any thing , and the will of man doth let it go , a thing impossible it doth not affect , the impossibility thereof being manifest . there is in the will of man , naturally that freedom , whereby it is apt to take or refuse any particular object whatsoever , being presented unto it . whereupon it followeth , that there is no particular object so good , but it may have the shew of some difficulty or unpleasant quality annexed to it● in respect whereof , the will may shrink and decline it : contrariwise ( for so things are blended ) there is no particular evil which hath not some appearance of goodness whereby to in●inuate it self : for evil , as evil , cannot be desired ; if that be desired which is evil , the cause is the goodness which is , or seemeth to be joyned with it . goodness doth not move by being , but by being apparent ; and therefore many things are neglected , which are most precious , onely because the value of them lieth hid . sensible goodness is most apparent , neer , and present ; which causeth the appetite to be therewith strongly provoked . now pursuit and refusal in the will do follow , the one the affirmation , the other the negation of goodness ; which the understanding apprehendeth , grounding it self upon sease , unless some higher reason do chance to teach the contraty . and if reason have taught it rightly to be good , yet not so apparently , that the minde receiveth it with utter impossibility of being otherwise ; still there is place left for the will to take or leave . whereas therefore , amongst so many things as are to be done , there are so few , the goodness whereof , reason in such sort doth , or easily can discover , we are not to marvel at the choice of evil , even then when the contrary is probably known . hereby it cometh to pass , that custom inuring the minde by long practice , and so leaving there a sensible impression , prevaileth more then reasonable perswasion what way soever . reason therefore may rightly discern the thing which is good , and yet the will of man not incline it self thereunto , as oft as the prejudice of sensible experience doth oversway : nor let any man think , that this doth make any thing for the just excuse of iniquity ; for there was never sin committed , wherein a less good was not preferred before a greater , and that wilfully ; which cannot be done without the singular disgrace of nature , and the utter disturbance of that divine order , whereby the preheminence of chiefest acceptation , is by the best things worthily challenged . there is not that good which concerneth us , but it hath evidence enough for it self , if reason were diligent to search it out . through neglect thereof , abused we are with the shew of that which is not ; sometimes the subrilty of satan enveighling us , as it did ev● a ; sometimes the hastiness of our wills preventing the more considerate advice of sound reason , as in the b apostles , when they no sooner saw what they liked not , but they forthwith were desirous of fire from heaven ; sometimes the very custom of evil making the heart obdurate against whatsoever instructions to the contrary , as in them , over whom our saviour spake weeping , c o ierusalem , how often , and thou wouldst not ? still therefore that wherewith we stand blameable , and can no way excuse it , is , in doing evil , we prefer a less good before a greater , the greatness whereof is by reason investigable , and may be known . the search of knowledge is a thing painful ; and the painfulness of knowledge , is that which maketh the will so hardly inclinable thereunto . the root hereof , divine malediction ; whereby the * instruments being weakned , wherewithal , the soul ( especially in reasoning ) doth work , it prefereth rest in ignorance , before wearisome labor to know : for a spur of diligence therefore , we have a natural thirst after knowledge ingrafted in us . but by reason of that original weakness in the instruments , without which , the understanding part is not able in this world by discourse to work , the very conceit of painfulness is as a bridle to stay us . for which cause the apostle , who knew right well , that the weariness of the flesh is an heavy clog to the will , striketh mightily upon this key , awake thou that sleepest , cast off all which presseth down ; watch , labor , strive to go forward , and to grow in knowledge . . wherefore to return to our former intent of discovering the natural way , whereby rules have been found out concerning that goodness wherewith the will of man ought to be moved in humane actions ; as every thing naturally and necessarily doth desire the utmost good and greatest perfection , whereof nature hath made it capable , even so man. our felicity therefore being the object and accomplishment of our desire , we cannot chuse but wish and cover it . all particular things which are subject unto action , the will doth so far forth incline unto , as reason judgeth them the better for us , and consequently the more available to our bliss . if reason err , we fall into evil , and are so far forth deprived of the general perfection we seek . seeing therefore , that for the framing of mens actions , the knowledge of good from evil is necessary , it onely resteth , that we search how this may be had : neither must we suppose , that there needeth one rule to know the good , and another the evil by . for he that knoweth what is straight , doth even thereby discern what is crooked , because the absence of straightness in bodies capable thereof , is crookedness . goodness in actions is like unto straightness , wherefore that which is done well , we term right : for as the straight way is most acceptable to him that travelleth , because by it he cometh soonest to his journeys end ; so in action , that which doth lie the evenest between us and the end we desire , must needs be the fittest for our use . besides which fitness for use , there is also in rectitude , beauty ; as contrariwise in obliquity , deformity . and that which is good in the actions of men , doth not onely delight as profitable , but as amiable also . in which consideration , the grecians most divinely have given to the active perfection of men , a name expressing both beauty and goodness ; because goodness in ordinary speech , is for the most part applied onely to that which is beneficial : but we in the name of goodness , do here imply both . and of discerning goodness , there are but these two ways ; the one , the knowledge of the causes whereby it is made such ; the other , the observation of those signs and tokens , which being annexed always unto goodness , argue , that where they are found , there also goodness is , although we know not the cause by force whereof it is there . the former of these , is the most sure and infallible way , but so hard , that all shun it , and had rather walk as men do in the dark , by hap-hazard , then tread so long and intricate mazes for knowledge sake . as therefore physitians are many times forced to leave such methods of curing , as themselves know to be the fittest , and being over-ruled by their patients impatiency , are fain to try the best they can , in taking that way of cure , which the cured will yield unto : in like sort , considering how the case doth stand with this present age full of tongue , and weak of brain , behold we yield to the stream thereof ; into the causes of goodness we will not make any curious or deep inquiry ; to touch them now and then it shall be sufficient , when they are so near at hand , that easily they may be conceived without any far removed discourse : that way we are contented to prove , which being the worse in it self , is notwithstanding now by reason of common imbecillity , the fitter and likelier to be brooked . signs and tokens to know good by , are of sundry kindes ; some more certain , and some less : the most certain token of evident goodness is , if the general perswasion of all men do so account it . and therefore a common received error , is never utterly overthrown , till such times as we go from signs unto causes , and shew some manifest root or fountain thereof common unto all , whereby it may clearly appear how it hath come to pass , that so many have been overseen . in which case , surmises and slight probabilities will not serve , because the universal consent of men , is the perfectest and strongest in this kinde , which comprehendeth onely the signs and tokens of goodness . things casual do vary , and that which a man doth but chance to think well of , cannot still have the like hap . wherefore although we know not the cause , yet thus much we may know , that some necessary cause there is , whensoever the judgments of all men generally , or for the most part , run one and the same way , especially in matters of that discourse : for of things necessarily and naturally done , there is no more affirmed but this . a they keep either always , or for the most part , one tenure . the general and perpetual voice of men is , as the sentence of god himself . b for that which all men have at all times learned , nature her self must needs have taught ; and god being the author of nature , her voice is but his instrument . by her , from him , we receive whatsoever in such sort we learn. infinite duties there are , the goodness whereof is by this rule sufficiently manifested , although we had no other warrant besides to approve them . the apostle st. paul having speech concerning the heathen , saith of them , c they are a law unto themselves . his meaning is , that by force of the light of reason , wherewith god illuminateth every one which cometh into the world , men being enabled to know truth from falshood , and good from evil , do thereby learn in many things what the will of god is , which will himself not revealing by any extraordinary means unto them ; but they by natural discourse attaining the knowledge thereof , seem the makers of those laws which indeed are his , and they but onely the finders of them out . a law therefore generally taken , is a directive rule unto goodness of operation . the rule of divine operations outward , is the definitive appointment of gods own wisdom set down within himself . the rule of natural agents that work by simple necessity , is the determination of the wisdom of god , known to god himself , the principal director of them , but not unto them that are directed to execute the same . the rule of natural agents which work after a sort of their own accord , as the beasts do , is the judgment of common sense or fancy , concerning the sensible goodness of those objects wherewith they are moved . the rule of ghostly or immaterial natures , as spirits and angels , is their intuitive intellectual judgment concerning the amiable beauty and high goodness of that object which with unspeakble joy and delight doth set them on work . the rule of voluntary agents on earth , is the sentence that reason giveth concerning the goodness of those things which they are to do : and the sentences which reason giveth , are some more , some less general , before it come to define in particular actions , what is good . the main principles of reason , are in themselves apparent . for to make nothing evident of it self unto mans understanding , were to take away all possibility of knowing any thing . and herein that of theophrastus is true , they that seek a reason of all things , do utterly overthrow reason . in every kinde of knowledge , some such grounds there are , as that being proposed , the minde doth presently embrace them as tree from all possibility of error , clear and manifest without proof . in which kinde , axioms or principles more general , are such as this , that the greater good is to be chosen before the less . if therefore it should be demanded , what reason there is , why the will of man , which doth necessarily shun harm , and covet whatsoever is pleasant and sweet , should be commanded to count the pleasures of sin , gall , and notwithstanding the bitter accidents wherewith vertuous actions are compast , yet still to rejoyce and delight in them : surely this could never stand with reason ; but that wisdom thus prescribing , groundeth her laws upon an infallible rule of comparison , which is , that small difficulties , when exceeding great good is sure to ensue ; and on the other side momentany benefits , when the hurt which they draw after them , is unspeakable , are not at all to be respected . this rule is the ground whereupon the wisdom of the apostle buildeth a law , enjoyning patience unto himself , the present lightness of our affliction worketh unto us , even with abundance upon abundance , an eternal weight of glory ; while we look not on the things which are seen , but on the things which are not seen : for the things which are seen , are temporal ; but the things which are not seen , are eternal . therefore christianity to be embraced , whatsoever calamities in those times it was accompanied withal . upon the same ground our saviour proveth the law most reasonable , that doth forbid those crimes , which men for gains sake fall into . for a man to win the world , if it be with the loss of his soul , what benefit or good is it ? axioms less general , yet so manifest , that they need no farther proof , are such as these , god to be worshipped ; parents to be honored ; others to be used by us , as we our selves would be by them . such things , as soon as they are alledged , all men acknowledge to be good ; they require no proof or further discourse to be assured of their goodness . notwithstanding whatsoever such principle there is , it was at the first found out by discourse , and drawn from out of the very bowels of heaven and earth : for we are to note , that things in the world are to us discernable , not onely so far forth as serveth for our vital preservation , but further also in a twofold higher respect . for first , if all other uses were utterly taken away ; yet the minde of man being by nature speculative and delighted with contemplation in it self , they were to be known even for meer knowledge and understandings sake . yea further , besides this , the knowledge of every the least thing in the world , hath in it a second peculiar benefit unto us , in as much as it serveth to minister rules , canons , and laws for men to direct those actions by , which we properly term humane . this did the very heathens themselves obscurely insinuate , by making themis , which we call ius or right , to be the daughter of heaven and earth . we know things either as they are in themselves , or as they are in mutual relation one to another . the knowledge of that which man is in reference unto himself , and other things in relation unto man , i may justly term the mother of all those principles , which are as it were edicts , statutes , and decrees , in that law of nature , whereby humane actions are framed . first therefore , having observed that the best things where they are not hindred , do still produce the best operations ; ( for which cause , where many things are to concur unto one effect , the best is in all congruity of reason to guide the residue , that it prevailing most , the work principally done by it , may have greatest perfection ; ) when hereupon we come to observe in our selves , of what excellency our souls are , in comparison of our bodies , and the divine part in relation unto the baser of , our souls ; seeing that all these concur in producing humane actions , it cannot be well , unless the chiefest do command and direct the rest . the soul then ought to conduct the body , and the spirit of our mindes , the soul. this is therefore the first law , whereby the highest power of the minde requireth general obedience at the hands of all the rest , concurring with it unto action . touching the several grand mandates , which being imposed by the understanding faculty of the minde , must be obeyed by the will of man , they are by the same method found out , whether they import our duty towards god , or towards man. touching the one , i may not here stand to open , by what degrees of discourse the mindes even of meer natural men , have attained to know , not onely that there is a god , but also what power , force , wisdom , and other properties that god hath , and how all things depend on him . this being therefore presupposed , from that known relation which god hath unto us a as unto children , and unto all good things as unto effects , whereof himself is the b principal cause , these axioms and laws natural concerning our duty have arisen . c that in all things we go about , his aid is by prayer to be craved : d that be cannot have sufficient honor done unto him , but the uttermost of that we can do to honor him , we must ; which is in effect the same that we read , e thou shalt love the lord thy god with all thy heart , with all thy soul , and with all thy minde . which law our saviour doth term f the first , and the great commandment . touching the next , which as our saviour addeth , as like unto this ( he meaneth in amplitude and largeness , in as much as it is the root out of which all laws of duty to men-ward have grown , as out of the former all offices of religion towards god ) the like natural enducement hath brought men to know , that it is their duty no less to love others then themselves . for seeing those things which are equal , must needs all have one measure ; if i cannot but wish to receive all good , even as much at every mans hand , as any man can wish unto his own soul , how should i look to have any part of my desire herein satisfied , unless my self be careful to satisfie the like desire , which is undoubtedly in other men , we all being of one and the same nature ? to have any thing offered them repugnant to this desire , must needs in all respects grieve them as much as me : so that if i do harm , i must look to suffer ; there being no reason that others should shew greater measure of love to me , then they have by me shewed unto them . my desire therefore to be loved of my equals in nature , as much as possible may be , imposeth upon me a natural duty of bearing to them-ward fully the like affection . from which relation of equality between our selves , and them that are as our selves , what several rules and canons natural reason hath drawn for direction of life , no man is ignorant ; as namely , g that because we would take no harm , we must therefore do none ; that sith we would not be in any thing extreamly dealt with , we must our selves avoid all extremity in our dealings ; that from all violence and wrong we are utterly to abstain , with such like ; which further to wade in , would be tedious , and to our present purpose not altogether so necessary , seeing that on these two general heads already mentioned , all other specialities are dependent . wherefore the natural measure whereby to judge our doings , is the sentence of reason , determining and setting down what is good to be done . which sentence is either mandatory , shewing what must be done ; or else permissive , declaring onely what may be done ; or thirdly , admonitory , opening what is the most convenient for us to do . the first taketh place , where the comparison doth stand altogether between doing , and not doing of one thing , which in it self is absolutely good or evil ; as it had been for ioseph to yield , or not to yield , to the impotent desire of his leud mistress , the one evil , the other good simply . the second is , when of divers things evil , all being not evitable , we are permitted to take one ; which one , saving onely in case of so great urgency , were not otherwise to be taken ; as in the matter of divorce amongst the jews . the last , when of divers things good , one is principal and most eminent ; as in their act who sold their possessions , and laid the price at the apostles feet ; which possessions they might have retained unto themselves without sin : again , in the apostle st. pauls own choice , to maintain himself by his own labor ; whereas in living by the churches maintenance , as others did , there had been no offence committed . in goodness therefore , there is a latitude or extent , whereby it cometh to pass , that even of good actions , some are better then other some ; whereas otherwise one man could not excel another , but all should be either absolutely good , as hitting jump that indivisible point or centre wherein goodness consisteth ; or else missing it , they should be excluded out of the number of well-doers . degrees of well-doing there could be none , except perhaps in the seldomness and oftenness of doing well : but the nature of goodness being thus ample , a law is properly that which reason in such sort defineth to be good , that it must be done . and the law of reason or humane nature is that , which men by discourse of natural reason , have rightly found out themselves to be all for ever bound unto in their actions . laws of reason have these marks to be known by : such as keep them , resemble most lively in their voluntary actions , that very manner of working which nature her self doth necessarily observe in the course of the whole world. the works of nature are all behoveful , beautiful , without superfluity or defect ; even so theirs , if they be framed according to that which the law of reason teacheth . secondly , those laws are investigable by reason , without the help of revelation , supernatural and divine . finally , in such sort they are investigable , that the knowledge of them is general , the world hath always been acquainted with them , according to that which one in sophocles observeth , concerning a branch of this law. it is no childe of two days , or yesterdays birth , but hath been no man knoweth how long sithence . it is not agreed upon by one , or two , or few , but by all ; which we may not so understand , as if every particular man in the whole world did know and confess whatsoever the law of reason doth contain : but this law is such , that being proposed , no man can reject it as unreasonable and unjust . again , there is nothing in it ; but any man ( having natural perfection of wit , and ripeness of judgment ) may by labor and travel finde out . and to conclude principles , the general thereof are such , as it is not easie to finde men ignorant of them . law rational therefore , which men commonly use to call the law of nature , meaning thereby the law which humane nature knoweth it self in reason universally bound unto , which also for that cause may be termed most fitly , the law of reason ; this law , i say , comprehendeth all those things , which men by the light of their natural understanding evidently know , or at leastwise may know , to be beseeming or unbeseeming , vertuous or vicious , good or evil for them to do . now , although it be true , which some have said , that whatsoever is done amiss , the law of nature and reason thereby is transgrest , because even those offences which are by their special qualities , breaches of supernatural laws , do also , for that they are generally evil , violate in general that principle of reason , which willeth universally to flie from evil ; yet do we not therefore so far extend the law of reason , as to contain in it all manner of laws whereunto reasonable creatures are bound , but ( as hath been shewed ) we restrain it to those onely duties , which all men by force of natural wit , either do , or might understand to be such duties as concern all men . certain half-waking men there are ( as st. augustine noteth ) who neither altogether asleep in f●lly , nor yet throughly awake in the light of true understanding , have thought that there is not at all any thing just and righteous in it self ; but look wherewith nations are inured , the same they take to be right and just . whereupon their conclusion is , that seeing each sort of people hath a different kinde of right from other , and that which is right of it's own nature , must be every where one and the same ; therefore in it self there is nothing right . these good folks ( saith he , that i may not trouble their wits with the rehearsal of too many things ) have not looked so far into the world as to perceive that , do as thou wouldst be done unto , is a sentence which all nations under heaven are agreed upon . refer this sentence to the love of god , and it extinguisheth all heinous crimes : refer it to the love of thy neighbor , and all grievous wrongs it banisheth out of the world. wherefore , as touching the law of reason , this was ( it seemeth ) st. augustines judgment ; namely , that there are in it some things which stand as principles universally agreed upon ; and that out of those principles , which are in themselves evident , the greatest moral duties we ow towards god or man , may without any great difficulty be concluded . if then it be here demanded , by what means it should come to pass ( the greatest part of the law moral being so easie for all men to know ) that so many thousands of men notwithstanding have been ignorant , even of principal moral duties , not imagining the breach of them to be sin : i deny not , but leud and wicked custom , beginning perhaps at the first amongst few , afterwards spreading into greater multitudes , and so continuing from time to time , may be of force even in plain things , to smother the light of natural understanding , because men will not bend their wits to examine , whether things wherewith they have been accustomed , be good or evil . for examples sake , that grosser kinde of heathenish idolatry , whereby they worshipped the very works of their own hands , was an absurdity to reason so palpable , that the prophet david comparing idols and idolaters together , maketh almost no odds between them , but the one in a manner , as much without wit and sense as the other ; they that make them , are like unto them , and so are all that trust in them . that wherein an idolater doth seem so absurd and foolish , is by the wiseman thus exprest , he is not ashamed to speakunto that which hath no life : he calleth on him that is weak , for health : he prayeth for life unto him which in dead ; of him , which hath no experience , he requireth help : for his journey , he sueth to him which is not able to go : for gain , and work , and success in his affairs , he seeketh furtherance of him that hath no manner of power . the cause of which sensless stupidity , is afterwards imputed to custom . when a father mourned grievously for his son that was taken away suddenly , he made an image for him that was once dead , whom now he worshipped as a god , ordaining to his servants ceremonies and sacrifices . thus by process of time this wicked custom prevailed , and was kept as a law ; the authority of rulers , the ambition of craftsmen , and such like means , thrusting forward the ignorant , and encreasing their superstition . unto this which the wiseman hath spoken , somewhat besides may be added . for whatsoever we have hitherto taught , or shall hereafter , concerning the force of mans natural understanding , this we always desire withal to be understood , that there is no kinde of faculty or power in man , or any other creature , which can rightly perform the functions allotted to it , without perpetual aid and concurrence of that supream cause of all things . the benefit whereof , as oft as we cause god in his justice to withdraw , there can no other thing follow then that which the apostle noteth , even men endued with the light of reason , to walk notwithstanding in the vanity of their minde , having their cogitations darkned , and being strangers from the life of god , through the ignorance which is in them , because of the hardness of their hearts . and this cause is mentioned by the prophet isaiah , speaking of the ignorance of idolaters , who see not how the manifest law of reason condemneth their gross iniquity and sui ; they have not in them , saith he , so much wit as to think , shall i bow to the stock of a tree ? all knowledge and understanding is taken from them ; for god hath shut their eyes , that they cannot see . that which we say in this case of idolatry , serveth for all other things , wherein the like kinde of general blindness hath prevailed against the manifest laws of reason . within the compass of which laws , we do not onely comprehend whatsoever may be easily known to belong to the duty of all men ; but even whatsoever may possibly be known to be of that quality ; so that the same be by necessary consequence deduced out of clear and manifest principles . for if once we descend unto probable collections what is convenient formen , we are then in the territory where free and arbitrary determinations , the territory where humane laws take place , which laws are after to be considered . . now the due observation of this law which reason teacheth us , cannot but be effectual unto their great good that observe the same . for we see the whole world , and each part thereof so compacted , that as long as each thing performeth onely that work which is natural unto it , it thereby preserveth both other things , and also it self . contrariwise , let any principal thing , as the sun , the moon , any one of the heavens or elements , but once cease , or fail , or swerve ; and who doth not easily conceive , that the sequel thereof would be ruine both to it self , and whatsoever dependeth on it ? and is it possible , that man being not onely the noblest creature in the world , but even a very world in himself , his transgressing the law of his nature should draw no manner of harm after it ? yes , tribulation and anguish unto every soul that doth evil . good doth follow unto all things by observing the course of their nature , and on the contrary side evil , by not observing it ; but not unto natural agents that good which we call reward , not that evil which we properly term punishment . the reason whereof is , because amongst creatures in this world , onely mans observation of the law of his nature is righteousness , onely mans transgression sin. and the reason of this is , the difference in his manner of observing or transgressing the law of his nature . he doth not otherwise then voluntarily the one , or the other . what we do against our wills , or constrainedly , we are not properly said to do it ; because the motive cause of doing it , is not in our selves , but carrieth us ; as if the wind should drive a feather in the air , we no whit furthering that whereby we are driven . in such cases therefore the evil which is done , moveth compassion ; men are pittied for it , as being rather miserable in such respect then culpable . some things are likewise done by man , though not through outward force and impulsion , though not against , yet without their wills ; as in alienation of minde , or any the like inevitable utter absence of wit and judgment . for which cause , no man did ever think the hurtful actions of furious men and innocents to be punishable . again , some things we do neither against nor without , and yet not simply and meerly with our wills ; but with our wills in such sort moved , that albeit there be no impossibility but that we might , nevertheless we are not so easily able to do otherwise . in this consideration , one evil deed is made more pardonable then another . finally , that which we do being evil , is notwithstanding by so much more pardonable , by how much the exigence of so doing , or the difficulty of doing otherwise , is greater ; unless this necessity or difficulty have originally risen from our selves . it is no excuse therefore unto him , who being drunk committeth incest , and alledgeth , that his wits were not his own ; in as much as himself might have chosen , whether his wits should by that mean have been taken from him . now rewards and punishments do always presuppose some thing willingly done well or ill ; without which respect , though we may sometimes receive good or harm , yet then the one is onely a benefit , and not a reward ; the other simply an hurt , not a punishment . from the sundry dispositions of mans will , which is the root of all his actions , there groweth variety in the sequel of rewards and punishments , which are by these and the like rules measured : take away the will , and all acts are equal : that which we do not , and would do , is commonly accepted as done . by these and the like rules , mens actions are determined of , and judged , whether they be in their own nature , rewardable or punishable . rewards and punishments are not received , but at the hands of such as being above us , have power to examine and judge our deeds . how men come to have this authority one over another in external actions , we shall more diligently examine in that which followeth . but for this present , so much all do acknowledge , that sith every mans heart and conscience doth in good or evil , even secretly committed and known to none but it self , either like or disallow it self , and accordingly either rejoyce , very nature exulting , as it were , in certain hope of reward , or else grieve as it were , in a sense of future punishment ; neither of which can in this case be looked for from any other , saving onely from him who discerneth and judgeth the very secrets of all hearts : therefore he is the onely rewarder and revenger of all such actions ; although not of such actions onely , but of all , whereby the law of nature is broken , whereof himself is author . for which cause , the roman laws , called the laws of the twelve tables , requiring offices of inward affection , which the eye of man cannot reach unto , threaten the neglecters of them with none but divine punishment . . that which hitherto we have set down , is ( i hope ) sufficient to shew their brutishness , which imagine that religion and vertue are onely as men will account of them ; that we might make as much account , if we would , of the contrary , without any harm unto our selves , and that in nature they are as indifferent one as the other . we see then how nature it self reacheth laws and statutes to live by . the laws which have been hitherto mentioned , do binde men absolutely , even as they are men , although they have never any setled fellowship , never any solemn agreement amongst themselves what to do , or not to do . but forasmuch as we are not by our selves sufficient to furnish our selves with competent store of things needful for such a life as our nature doth desire , a life fit for the dignity of man : therefore to supply those defects and imperfections which are in us living single and solely by our selves , we are naturally enduced to seek communion and fellowship with others . this was the cause of mens uniting themselves at the first in politick societies , which societies could not be without government , nor government without a distinct kinde of law from that which hath been already declared . two foundations there are which beat up publick societies ; the one , a natural inclination , whereby all men desire sociable life and fellowship ; the other , an order expresly or secretly agreed upon , touching the manner of their union in living together . the latter is that which we call the law of a commonweal , the very soul of a politick body , the parts whereof are by law animated , held together , and set on work in such actions as the common good requireth . laws politick , ordained for external order and regiment amongst men , are never framed as they should be , unless presuming the will of man to be inwardly obstinate , rebellious , and averse from all obedience unto the sacred laws of his nature : in a word , unless presuming man to be in regard of his depraved minde , little better then a wilde beast , they do accordingly provide notwithstanding so to frame his outward actions , that they be no hindrance unto the common good , for which societies are instituted ; unless they do this , they are not perfect . it resteth therefore , that we consider how nature findeth out such laws of government , as serve to direct even nature depraved to a right end . all men desire to lead in this world an happy life : the life is led most happily , wherein all vertue is exercised without impediment or let . the apostle in exhorting men to contentment , although they have in this world no more then very bare food and rayment , giveth us thereby to understand , that those are even the lowest of things necessary , that if we should be stripped of all those things , without which we might possibly be , yet these must be left ; that destitution in these , is such an impediment , as till it be removed , suffereth not the minde of man to admit any other care . for this cause first , god assigned adam maintenance of life , and then appointed him a law to observe : for this cause after men began to grow to a number ; the first thing we read they gave themselves unto , was the tilling of the earth , and the feeding of cattle . having by this mean whereon to live , the principal actions of their life afterward , are noted by the exercise of their religion . true it is , that the kingdom of god must be the first thing in our purposes and desires . but in as much as a righteous life presupposeth life , in as much as to live vertuously , it is impossible except we live : therefore the first impediment , which naturally we endeavor to remove , is penury and want of things , without which we cannot live . unto life many implements are necessary ; mo , if we seek ( as all men naturally do ) such a life as hath in it joy , comfort , delight , and pleasure . to this end we see how quickly sundry arts mechanical were found out in the very prime of the world. as things of greatest necessity are always first provided for , so things of greatest dignity are most accounted of by all such as judge rightly . although therefore riches be a thing which every man wisheth , yet no man of judgment can esteem it better to be rich , then wise , vertuous , and religious . if we be both , or either of these , it is not because we are so born : for into the world we come as empty of the one , as of the other , as naked in minde as we are in body . both which necessities of man had at the first no other helps and supplies , then onely domestical ; such as that which the prophet implieth , saying , can a mother forget her childe ? such as that which the apostle mentioneth , saying , he that careth not for his own , is worse then an infidel : such as that concerning abraham , abraham will command his sons and his houshold after him , that they keep the way of the lord. but neither that which we learn of our selves , nor that which others teach us , can prevail , where wickedness and malice have taken deep root . if therefore , when there was but as yet one onely family in the world , no means of instruction , humane or divine , could prevent effusion of blood : how could it be chosen , but that when families were multiplied and encreased upon earth ; after separation , each providing for it self , envy , strife , contention , and violence , must grow amongst them ? for hath not nature furnished man with wit and valor , and as it were with armor , which may be used as well unto extream evil as good ? yea , were they not used by the rest of the world unto evil ? unto the contrary onely , by seth , enoch , and those few the rest in that line ? we all make complaint of the iniquity of our times ; not unjustly , for the days are evil . but compare them with those times wherein there were no civil societies , with those times therein there was as yet no manner of publick regiment established , with those times wherein there were not above eight righteous persons living upon the face of the earth : and we have surely good cause to think , that god hath blessed us exceedingly , and hath made us behold most happy days . to take away all such mutual grievances , injuries , and wrongs , there was no way but onely by growing unto composition and agreement amongst themselves , by ordaining some kinde of government publick , and by yielding themselves subject thereunto ; that unto whom they granted authority to rule and govern , by them the peace , tranquillity , and happy estate of the rest might be procured . men always knew , that when force and injury was offered , they might be defenders of themselves ; they knew that howsoever men may seek their own commodity , yet if this were done with injury unto others , it was not to be suffered , but by all men , and by all good means to be withstood : finally , they knew that no man might in reason take upon him to determine his own right , and according to his own determination proceed in maintenance thereof , in as much as every man is towards himself and them whom he greatly affecteth partial : and therefore that strifes and troubles would be endless , except they gave their common consent , all to be ordered by some whom they should agree upon . without which consent , there were no reason that one man should take upon him to be lord or judge over another , because , although there be according to the opinion of some very great and judicious men , a kinde of natural right in the noble , wise , and vertuous , to govern them which are of servile disposition ; nevertheless for manifestation of this their right , and mens more peaceable contentment on both sides , the assent of them whom are to be governed , seemeth necessary . to fathers within their private families , nature hath given a supream power ; for which cause we see throughout the world , even from the first foundation thereof , all men have ever been taken as lords and lawful kings in their own houses . howbeit , over a whole grand multitude , having no such dependency upon any one , and consisting of so many families , as every politick society in the world doth ; impossible it is , that any should have compleat lawful power , but by consent of men , or immediate appointment of god , because not having the natural superiority of fathers , their power must needs be either usurped , and then unlawful ; or if lawful , then either granted or consented unto by them , over whom they exercise the same , or else given extraordinarily from god , unto whom all the world is subject . it is no improbable opinion therefore which the arch-philosopher was of , that as the chiefest person in every houshold , was always as it were a king , so when numbers of housholds joyned themselves in civil societies together , kings were the first kinde of governors amongst them . which is also ( as it seemeth ) the reason , why the name of father continued still in them , who of fathers were made rulers ; as also the ancient custom of governors to do as melchisedec , and being kings to exercise the office of priests , which fathers did at the first , grew perhaps by the same occasion : howbeit , not this the onely kinde of regiment that hath been received in the world. the inconveniences of one kinde , have caused sundry other to be devised : so that in a word , all publick regiment , of what kinde soever , seemeth evidently to have risen from deliberate advice , consultation , and composition between men , judging it convenient and behoveful ; there being no impossibility in nature considered by it self , but that men might have lived without any publick regiment . howbeit , the corruption of our nature being presupposed , we may not deny , but that the law of nature doth now require of necessity some kinde of regiment ; so that to bring things unto the first course they were in , and utterly to take away all kinde of publick government in the world , were apparently to overturn the whole world. the case of mans nature standing therefore as it doth , some kinde of regiment the law of nature doth require ; yet the kindes thereof being many , nature tieth not to any one , but leaveth the choice as a thing arbitrary . at the first , when some certain kinde of regiment was once approved , it may be that nothing was then further thought upon for the manner of governing , but all permitted unto their wisdom and discretion which were to rule ; a till by experience they found this for all parts very inconvenient , so as the thing which they had devised for a remedy , did indeed but increase the sore which it should have cured . they saw that to live by one mans will , became the cause of all mens misery . this constrained them to come unto laws , wherein all men might see their duties beforehand , and know the penalties of transgressing them . b if things be simply good or evil , and withal universally so acknowledged , there needs no new law to be made for such things . the first kinde therefore of things appointed by laws humane , containeth whatsoever being in it self naturally good or evil , is notwithstanding more secret then that it can be discerned by every mans present conceit , without some deeper discourse and judgment . in which discourse , because there is difficulty and possibility many ways to err , unless such things were set down by laws , many would be ignorant of their duties , which now are not ; and many that know what they should do , would nevertheless dissemble it , and to excuse themselves , pretend ignorance and simplicity , which now they cannot . and because the greatest part of men , are such as prefer their own private good before all things ; even that good which is sensual , before whatsoever is most divine : and for that the labor of doing good , together with the pleasure arising from the contrary , doth make men for the most part slower to the one , and proner to the other , then that duty prescribed then by law , can prevail sufficiently with them . therefore unto laws that men do make for the benefit of men , it hath seemed always needful to add rewards , which may more allure unto good , then any hardness deterreth from it ; and punishments , which may more deter from evil , then any sweetness thereto allureth . wherein as the generality is natural , vertue rewardable , and vice punishable ; so the particular determination of the reward or punishment , belongeth unto them by whom laws are made . theft is naturally punishable , but the kinde of punishment is positive ; and such lawful , as men shall think with discretion convenient by law to appoint . in laws , that which is natural , bindeth universally ; that which is positive , not so . to let go those kinde of positive laws which men impose upon themselves , as by vow unto god , contract with men , or such like ; somewhat it will make unto our purpose , a little more fully to consider , what things are incident unto the making of the positive laws for the government of them that live united in publick society . laws do not onely teach what is good , but they enjoyn it , they have in them a certain constraining force ; and to constrain men unto any thing inconvenient , doth seem unreasonable . most requisite therefore it is , that to devise laws which all men shall be forced to obey , none but wisemen be admitted . laws are matters of principal consequence ; men of common capacity , and but ordinary judgment , are not able ( for how should they ? ) to discern what things are fittest for each kinde and state of regiment . we cannot be ignorant how much our obedience unto laws , dependeth upon this point . let a man , though never so justly , oppose himself unto them that are disordered in their ways , and what one among them commonly doth not stomach at such contradiction , storm at reproof , and hate such as would reform them ? notwithstanding , even they which brook it worst , that men should tell them of their duties , when they are told the same by a law , think very well and reasonably of it . for why ? they presume that the law doth speak with all indifferency ; that the law hath no side respect to their persons ; that the law is as it were an oracle proceeding from wisdom and understanding . howbeit , laws do not take their constraining force from the quality of such as devise them , but from that power which doth give them the strength of laws . that which we spake before concerning the power of government , must here be applied unto the power of making laws whereby to govern , which power god hath over all , and by the natural law , whereunto he hath made all subject , the lawful power of making laws , to command whole politick societies of men , belongeth so properly unto the same entire societies , that for any prince or potentate , of what kinde soever upon earth , to exercise the same of himself , and not either by express commission immediately and personally received from god , or else by authority derived at the first from their consent upon whose persons they impose laws , it is no better then meer tyranny . laws they are not therefore which publick approbation hath not made so : but approbation not onely they give who personally declare their assent , by voice , sign , or act ; but also when others do it in their names , by right originally , at the least , derived from them . as in parliaments , councils , and the like assemblies , although we be not personally our selves present , notwithstanding our assent is by reason of other agents there in our behalf . and what we do by others , no reason but that it should stand as our deed , no less effectually to binde us , then if our selves had done it in person . in many things assent is given , they that give it , not imagining they do so , because the manner of their assenting is not apparent . as for example , when an absolute monarch commandeth his subjects that which seemeth good in his own discretion ; hath not his edict the force of a law , whether they approve or dislike it ? again , that which hath been received long sithence , and is by custom now established , we keep as a law which we may not transgress ; yet , what consent was ever thereunto sought or required at our hands ? of this point therefore we are to note , that sith men naturally have no full and perfect power to command whole politick multitudes of men ; therefore utterly without our consent , we could in such sort be at no mans commandment living . and to be commanded , we do consent , when that society whereof we are part , hath at any time before consented , without revoking the same after by the like universal agreement . wherefore , as any mans deed past is good as long as himself continueth ; so the act of a publick society of men done five hundred years sithence , standeth as theirs , who presently are of the same societies , because corporations are immortal ; we were then alive in our predecessors , and they in their successors do live still . laws therefore humane of what kinde soever , are available by consent . if here it be demanded how it cometh to pass , that this being common unto all laws which are made , there should be found even in good laws so great variety as there is ; we must note the reason hereof to be , the sundry particular ends whereunto the different disposition of that subject or matter for which laws are provided , causeth them to have a special respect in making laws . a law there is mentioned amongst the grecians , whereof pillacus is reported to have been author ; and by that law it was agreed , that he which being overcome with drink , did then strike any man , should suffer punishment double as much , as if he had done the same being sober . no man could ever have thought this reasonable , that had intended thereby onely to punish the injury committed , according to the gravity of the fact : for who knoweth not , that harm advisedly done , is naturally less pardonable , and therefore worthy of sharper punishment : but for as much as none did so usually this way offend as men in that case , which they wittingly fell into , even because they would be so much the more freely outragious : it was for their publick good where such disorder was grown , to frame a positive law for remedy thereof accordingly . to this appertain those known laws of making laws ; as that law-makers must have an eye to that place where , and to the men amongst whom ; that one kinde of laws cannot serve for all kinde of regiment ; that where the multitude beareth sway , laws that shall tend unto the preservation of that state , must make common smaller offices to go by lot , for fear of strife and division likely to arise ; by reason that ordinary qualities sufficing for discharge of such offices , they could not but by many be desired , and so with danger contended for , and not missed without grudge and discontentment ; whereas at an uncertain lot , none can finde themselves grieved , on whomsoever it lighteth . contrariwise the greatest , whereof but few are capable , to pass by popular election , that neither the people may envy such as have those honors , in as much as themselves bestow them , and that the chiefest may be kindled with desire , to exercise all parts of rare and beneficial vertue ; knowing they shall not lose their labor by growing in fame and estimation amongst the people . if the helm of chief government be in the hands of a few of the wealthiest , that then laws providing for continuance thereof , must make the punishment of contumely , and wrong offered unto any of the common sort , sharp and grievous ; that so the evil may be prevented , whereby the rich are most likely to bring themselves into hatred with the people , who are not wont to take so great offence , when they are excluded from honors and offices , as when their persons are contumeliously trodden upon . in other kindes of regiment , the like is observed concerning the difference of positive laws , which to be everywhere the same , is impossible , and against their nature . now as the learned in the laws of this land observe , that our statutes sometimes are onely the affirmation or ratification of that which by common law was held before ; so here it is not to be omitted , that generally all laws humane , which are made for the ordering of politick societies , be either such as establish some duty , whereunto all men by the law of reason did before stand bound ; or else such as make that a duty now , which before was none : the one sort we may for distinction sake call mixedly , and the other meerly humane . that which plain or necessary reason bindeth men unto , may be in sundry considerations expedient to be ratified by humane law. for example , if confusion of blood in marriage , the liberty of having many wives at once , or any other the like corrupt and unreasonable custom doth happen to have prevailed far , and to have gotten the upper hand of right reason with the greatest part ; so that no way is left to rectifie such foul disorder , without prescribing by law the same things which reason necessarily doth enforce , but is not perceived that so it doth ; or if many be grown unto that which the apostle did lament in some , concerning whom he writeth , saying , that even what things they naturally know , in those very things , as beasts void of reason , they corrupted themselves : or if there be no such special accident , yet for as much as the common sort are led by the sway of their sensual desires ; and therefore do more shun sin for the sensible evils which follow it amongst men , then for any kinde of sentence which reason doth pronounce against it . this very thing is cause sufficient , why duties belonging unto each kinde of vertue , albeit the law of reason teach them , should notwithstanding be prescribed even by humane law. which law in this case we term mixt , because the matter whereunto it bindeth , is the same which reason necessarily doth require at our hands , and from the law of reason it differeth in the manner of binding onely . for whereas men before stood bound in conscience to do as the law of reason teacheth ; they are now by vertue of humane law become constrainable , and if they outwardly transgress , punishable . as for laws which are meerly humane , the matter of them is any thing , which reason doth but probably teach to be fit and convenient ; so that till such time as law hath passed amongst men about it , of it self it bindeth no man. one example whereof may be this , lands are by humane law in some places , after the owners decease , divided unto all his children ; in some , all descendeth to the eldest son. if the law of reason did necessarily require but the one of these two to be done , they which by law have received the other , should be subject to that heavy sentence which denounceth against all that decree wicked , unjust , and unreasonable things , wo. whereas now , which soever be received , there is no law of reason transgrest ; because there is probable reason why either of them may be expedient , and for either of them more then probable reason there is not to be found . laws , whether mixtly , or meerly humane , are made by politick societies ; some onely , as those societies are civilly united ; some , as they are spiritually joyned , and make such a body as we call the church . of laws humane in this latter kinde , we are to speak in the third book following : let it therefore suffice thus far to have touched the force wherewith almighty god hath graciously endued our nature , and thereby enabled the same to finde●out both those laws which all men generally are for ever bound to observe ; and also such as are most fit for their behoof , who lead their lives in any ordered state of government . now besides that law which simply concerneth men , as men ; and that which belongeth unto them , as they are men linked with others in some form of politick society , there is a third kinde of law which toucheth all such several bodies politick , so far forth as one of them hath publick commerce with another . and this third is , the law of nations . between men and beasts , there is no possibility or sociable communion , because the welspring of that communion is a natural delight which man hath to transfuse from himself into others , and to receive from others into himself , especially those things wherein the excellency of this kinde doth most consist . the chiefest instrument of humane communion therefore is speech , because thereby we impart mutually one to another , the conceits of our reasonable understanding . and for that cause , seeing beasts are not hereof capable , for as much as with them we can use no such conference , they being in degree , although above other creatures on earth , to whom nature hath denied sense , yet lower then to be sociable companions of man , to whom nature hath given reason : it is of adam said , that amongst the beasts , he sound not for himself any meet companion . civil society doth more content the nature of man , then any private kinde of solitary living ; because in society , this good of mutual participation is so much larger then otherwise . herewith notwithstanding we are not satisfied , but we covet ( if it might be ) to have a kinde of society and fellowship , even with all mankinde . which thing socrates intending to signifie , professed himself a citizen ; not of this or that commonwealth , but of the world. and an effect of that very natural desire in us , ( a manifest token , that we wish after a sort an universal fellowship with all men ) appeareth by the wonderful delight men have , some to visit foreign countreys , some to discover nations not heard of in former ages ; we all to know the affairs and dealings of other people , yea , to be in league of amity with them . and this not onely for trafficks sake , or , to the end , that when many are confederated , each may make other the more strong ; but for such cause also , as moved the queen of sheba to visit solomon ; and in a word , because nature doth presume , that how many men there are in the world , so many gods , as it were , there are ; or at leastwise such they should be towards men. touching laws which are to serve men in this behalf ; even as those laws of reason , which ( man retaining his original integrity ) had been sufficient to direct each particular person in all his affairs and duties , are not sufficient , but require the access of other laws now , that man and his off-spring are grown thus corrupt and sinful . again , as those laws of polity and regiment , which would have served men living in publick society together , with that harmless disposition , which then they should have had , are not able now to serve , when mens iniquity is so hardly restrained within any tolerable bounds : in like manner , the national laws of natural commerce between societies of that former and better quality might have been other then now , when nations are so prone to offer violence , injury , and wrong . hereupon hath grown in every of these three kindes , that distinction between primary and secondary laws ; the one grounded upon sincere , the other built upon depraved nature . primary laws of nations are such as concern embassage , such as belong to the courteous entertainment of foreigners and strangers , such as serve for commodious traffick , and the like . secondary laws in the same kinde , are such as this present unquiet world is most familiarly acquainted with ; i mean laws of arms , which yet are much better known then kept . but what matter the law of nations doth contain , i omit to search . the strength and vertue of that law is such , that no particular nation can lawfully prejudice the same by any their several laws and ordinances , more then a man by his private resolutions the law of the whole commonwealth or state wherein he liveth . for as civil law being the act of a whole body politick , doth therefore over-rule each several part of the same body ; so there is no reason , that any one commonwealth of it self , should to the prejudice of another , anaihilate that whereupon the whole world hath agreed . for which cause , the lacedemonians forbidding all access of strangers into their coasts , are in that respect both by josephus and theodores deservedly blamed , as being enemies to that hospitality , which for common humanities sake , all the nations on earth should embrace . now as there is great cause of communion , and consequently of laws , for the maintenance of communion amongst nations : so amongst nations christian , the like in regard even of christianity , hath been always judged needful . and in this kinde of correspondence amongst nations , the force of general councils doth stand . for as one and the same law divine , whereof in the next place we are to speak , is unto all christian churches a rule for the chiefest things ; by means whereof they all in that respect make one church , as having all but one lord , one faith , and one baptism : so the urgent necessity of mutual communion for preservation of our unity in these things ; as also for order in some other things convenient to be every where uniformly kept , maketh it requisite , that the church of god here on earth , have her laws of spiritual commerce between christian nations : laws , by vertue whereof all churches may enjoy freely the use of those reverend , religious and sacred consultations , which are termed councils general . a thing whereof gods own blessed spirit was the author , a thing practised by the holy apostles themselves , a thing always afterwards kept and observed throughout the world ; a thing never otherwise , then most highly esteemed of , till pride , ambition , and tyranny began by factious and vile endeavors , to abuse that divine invention , unto the furtherance of wicked purposes . but as the just authority of civil courts and parliaments is not therefore to be abolished , because sometimes there is cunning used to frame them according to the private intents of men over-potent in the commonwealth : so the grievous abuse which hath been of councils , should rather cause men to study how so gracious a thing may again be reduced to that first perfection , then in regard of stains and blemishes sithence growing , be held for ever in extream disgrace . to speak of this matter as the cause requireth , would require very long discourse . all i will presently say , is this , whether it be for the finding out of any thing whereunto divine law bindeth us ; but yet in such sort , that men are not thereof on all sides resolved ; or for the setting down of some uniform judgment to stand touching such things , as being neither way matters of necessity , are notwithstanding offensive and scandalous , when there is open opposition about them : be it for the ending of strifes , touching matters of christian belief , wherein the one part may seem to have probable cause of dissenting from the other ; or be it concerning matters of policy , order , and regiment in the church ; i nothing doubt but that christian men should much better frame themselves to those heavenly precepts , which our lord and saviour , with so great instancy gave , as concerning peace and unity , if we did all concur in desire to have the use of ancient councils again renewed , rather then these proceedings continued , which either make all contentions endless , or bring them to one onely determination , and that of all other the worst , which is by sword. it followeth therefore , that a new foundation being laid , we now adjoyn hereunto that which cometh in the next place to be spoken of ; namely , wherefore god hath himself by scripture , made known such laws as serve for direction of men. . all things ( god onely accepted ) besides the nature which they have in themselves , receive externally some perfection from other things , as hath been shewed . in so much , as there is in the whole world no one thing great or small , but either in respect of knowledge or of use , it may unto our perfection add somewhat . and whatsoever such perfection there is , which our nature may acquire , the same we properly term our good , our soveraign good or blessedness ; that wherein the highest degree of all our perfection consisteth , that which being once attained unto , there can rest nothing further to be desired ; and therefore with it our souls are fully content and satisfied , in that they have , they rejoyce , and thirst for no more : wherefore of good things desired , some are such , that for themselves , we cover them not , but onely because they serve as instruments unto that for which we are to seek : of this sort , are riches : another kinde there is , which although we desire for it self , as health , and vertue , and knowledge ; nevertheless , they are not the last mark whereat we aim , but have their further end whereunto they are referred : so as in them we are not satisfied , as having attained the utmost we may , but our desires do still proceed . these things are linked , and as it were chained one to another . we labor to eat , and we eat to live , and we live to do good , and the good which we do , is as seed sown with reference unto a future harvest . but we must come at the length to some pause : for if every thing were to be desired for some other without any stint , there could be no certain end proposed unto our actions , we should go on we know not whither ; yea , whatsoever we do , were in vain , or rather nothing at all were possible to be done . for as to take away the first efficient of our being , were to annihilate utterly our persons ; so we cannot remove the last final cause of our working , but we shall cause whatsoever we work to cease . therefore something there must be desired for it self simply , and for no other : that is , simply for it self desirable , unto the nature whereof it is opposite and repugnant to be desired , with relation unto any other . the ox and the ass desire their food , neither propose they unto themselves any end wherefore ; so that of them , this is desired for it self . but why ? by reason of their imperfection , which cannot otherwise desire it ; whereas that which is desired simply for it self , the excellency thereof is such as permitteth it not in any sort to be referred unto a further end . now that which man doth desire with reference to a further end , the same he desireth in such measure as is unto that end convenient ; but what he covereth as good in it self , towards that his desire is ever infinite . so that unless the last good of all which is desired altogether for it self , be also infinite ; we do evil in making it our end , even as they who placed their felicity in wealth , or honor , or pleasure , or any thing here attained , because in desiring any thing as our final perfection , which is not so , we do amiss . nothing may be infinitely desired , but that good which indeed is infinite : for the better , the more desireable ; that therefore most desireable , wherein there is infinity of goodness : so that if any thing desireable may be infinite , that must needs be the highest of all things that are desired . no good is infinite , but onely god ; therefore he is our felicity and bliss ; moreover , desire tendeth unto union with that it desireth . if then in him we be blessed , it is by force of participation and conjunction with him . again , it is not the possession of any good thing , can make them happy which have it , unless they enjoy the things wherewith they are possessed . then are we happy therefore , when fully we enjoy god , as an object wherein the powers of our souls are satisfied , even with everlasting delight : so that although we be men , yet by being unto god united , we live as it were the life of god. happiness therefore is that estate whereby we attain , so far as possibly may be attained , the full possession of that which simply for it self is to be desired , and containeth in it after an eminent sort , the contentation of our desires , the highest degree of all our perfection . of such perfection , capable we are not in this life : for while we are in the world , we are subject unto sundry * imperfections , grief of body , defects of minde ; yea , the best things we do , are painful , and the exercise of them grievous , being continued without intermission ; so as in those very actions , whereby we are especial'y perfected in this life , we are not able to persist ; forced we are with very weariness , and that often , to interrupt them : which rediousness , cannot fall into those operations that are in the state of bliss , when our union with god is compleat . compleat union with him , must be according unto every power and faculty of our mindes , apt to receive so glorious an object . capable we are of god , both by understanding and will : by understanding , as he is that soveraign truth , which comprehends the rich treasures of all wisdom : by will , as he is that sea of goodness , whereof , whoso tasteth , shall thirst no more . as the will doth now work upon that object by desire , which is as it were a motion towards the end as yet unobtained , so likewise upon the same hereafter received , it shall work also by love . appetitus inhiantis fit amor fruentis , saith st. augustine . the longing disposition of them that thirst , is changed into the sweet affection of them that taste , and are replenished . whereas we now love the thing that is good , but good especially , in respect of benefit unto us ; we shall then love the thing that is good , onely or principally for the goodness of beauty in it self . the soul being in this sort , as it is active , perfected by love of that infinite good , shall , as it is receptive , be also perfected with those supernatural passions of joy , peace , and delight : all this endless and everlasting . which perpetuity , in regard whereof our blessedness is termed a crown which withereth not , doth neither depend upon the nature of the thing it self , nor proceed from any natural necessity that our souls should so exercise themselves for ever in beholding and loving god , but from the will of god , which doth both freely perfect our nature in so high a degree , and continue it so perfected . under man , no creature in the world is capable of felicity and bliss : first , because their chiefest perfection consisteth in that which is best for them , but not in that which is simply best , as ours doth . secondly , because whatsoever external perfection they tend unto , it is not better then themselves , as ours is . how just occasion have we therefore even in this respect with the prophet to admire the goodness of god : lord , what is man that thou shouldst exalt him above the works of thy hands , so far as to make thy self the inheritance of his rest , and the substance of his felicity ! now , if men had not naturally this desire to be happy , how were it possible that all men should have it ? all men have : therefore this desire in man is natural . it is not in our power not to do the same , how should it then be in our power to do it coldly or remisly ? so that our desire being natural , is also in that degree of earnestness whereunto nothing can be added . and is it probable that god should frame the hearts of all men so desirous of that which no man may obtain ? it is an axiom of nature , that natural desire cannot utterly be frustrate . this desire of ours being natural , should be frustrate , if that which may satisfie the same , were a thing impossible for man to aspire unto . man doth seek a tripple perfection ; first , a sensual , consisting in those things which very life it self requireth , either as necessary supplements , or as beauties and ornaments thereof ; then an intellectual , consisting in those things which none underneath man , is either capable of , or acquainted with ; lastly , a spiritual and divine , consisting in those things whereunto we tend by supernatural means here , but cannot here attain unto them . they that make the first of these three , the scope of their whole life , are said by the apostle to have no god , but onely their belly , to be earthly-minded men . unto the second they bend themselves , who seek especially to excel in all such knowledge and vertue as doth most commend men. to this branch belongeth the law of moral and civil perfection : that there is somewhat higher then either of these two , no other proof doth need then the very process of mans desire , which being natural , should be frustrate , if there were not some farther thing wherein it might rest at the length concented , which in the former it cannot do . for man doth not seem to rest satisfied , either with fruition of that wherewith his life is preserved , or with performance of such actions as advance him most deservedly in estimation ; but doth further covet , yea , oftentimes manifestly pursue with great sedulity and earnestness , that which cannot stand him in any stead for vital use ; that which exceedeth the reach of sense , yea , somewhat above capacity of reason , somewhat divine and heavenly , which with hidden exultation , it rather surmiseth then conceiveth ; somewhat it seeketh , and what that is directly , it knoweth not ; yet very intentive desire thereof doth so incite it , that all other known delights and pleasures are laid aside , they give place to the search of this but onely suspected desire . if the soul of man did serve onely to give him being in this life , then things appertaining unto this life , would content him , as we see they do other creatures ; which creatures enjoying what they live by , seek no further , but in his contentation do shew a kinde of acknowledgment , that there is no higher good which doth any way belong unto them . with us it is otherwise : for although the beauties , riches , honors , sciences , vertues , and perfections of all men living , were in the present possession of one ; yet somewhat beyond and above all this , there would still be sought and earnestly thirsted for . so that nature , even in this life , doth plainly claim and call for a more divine perfection , then either of these two that have been mentioned . this last and highest estate of perfection , whereof we speak , is received of men in the nature of a a reward . rewards do always presuppose such duties performed as are rewardable : our natural means therefore unto blessedness , are our works ; nor is it possible that nature should ever finde any other way to salvation , then onely this . but examine the works which we do , and since the first foundation of the world , what one can say , my ways are pure ? seeing then all flesh is guilty of that for which god hath threatned eternally to punish , what possibility is there this way to be saved ? there resteth therefore , either no way unto salvation , or if any , then surely a way which is supernatural , a way which could never have entred into the heart of man , as much as once to conceive or imagine , if god himself had not revealed it extraordinarily : for which cause , we term it the mystery or secret way of salvation . and therefore , st. ambrose in this matter appealeth justly from man to god , b caeli mysterium doceat me deus qui condidit , non homo qui seipsum ignoravit : let god himself that made me , let not man that knows not himself , be my instructer concerning the mystical way to heaven . c when men of excellent wit ( saith lactantius ) had wholly betaken themselves unto study , after farewel bidden unto all kinde , as well of private as publick action , they spared no labor that might be spent in the search of truth ; holding it a thing of much more price , to seek and to finde out the reason of all affairs , as well divine as humane , then to stick fast in the toil of piling up riches , and gathering together heaps of honors . howbeit , they both did fail of their purpose , and got not so much as to quit their charges ; because truth , which is the secret of the most high god , whose proper handy-work all things are , cannot be compassed with that wit and those senses which are our own . for god and man should be very near neighbors , if mans cogitations were able to take a survey of the counsels and appointments of that majesty everlasting . which being utterly impossible , that the eye of man by it self should look into the bosom of divine reason : god did not suffer him , being desirous of the light of wisdom , to stray any longer up and down ; and with bootless expence of travel , to w●nder in darkness that had no passage to get out by . his eyes at the length god did open , and bestow upon him the knowledge of the truth by way of donative , to the end that man might both be clearly convicted of folly ; and being through error out of the way , have the path that leadeth unto immortality laid plain before him . thus far lactantius firmianus , to shew , that god himself is the teacher of the truth , whereby is made known the supernatural way of salvation , and law for them to live in that shall be saved . in the natural path of everlasting life , the first beginning is that ability of doing good , which god in the day of mans creation endued him with ; from hence obedience unto the will of his creator , absolute righteousness and integrity in all his actions ; and last of all , the justice of god rewarding the worthiness of his de●●●ts with the crown of eternal glory . had adam continued in his first estate , this had been the way of life unto him and all his posterity . whereas i confess notwithstanding , with the d wittiest of the school-divines , that if we speak of strict justice , god could no way have been bound to requite mans labors in so large and ample manner as humane felicity doth import ; in as much as the dignity of this exceedeth so far the others value . but be it , that god of his great liberality had determined in lieu of mans endeavors to bestow the same , by the rule of that justice which best beseemeth him , namely , the justice of one that requireth nothing mincingly , but all with pressed , and heaped , and even over-enlarged measure ; yet could it never hereupon necessarily be gathered , that such justice should add to the nature of that reward , the property of everlasting continuance ; sith possession of bliss , though it should be but for a moment , were an abundant retribution . but we are not now to enter into this consideration , how gracious and bountiful our good god might still appear in so rewarding the sons of men , albeit they should exactly perform whatsoever duty their nature bindeth them unto . howsoever god did propose this reward , we that were to be rewarded , must have done that which is required at our hands ; we failing in the one , it were in nature an impossibility that the other should be looked for . the light of nature is never able to finde out any way of obtaining the reward of bliss , but by performing exactly the duties and works of righteousness . from salvation therefore and life , all flesh being excluded this way , behold how the wisdom of god hath revealed a way mystical and supernatural , away directing unto the same end of life , by a course which groundeth it self upon the guiltiness of sin , and through sin , desert of condemnation and death . for in this way , the first thing is the tender compassion of god , respecting us drowned and swallowed up in misery : the next is redemption out of the same , by the precious death and merit of a mighty saviour , which hath witnessed of himself , saying , i am the way , the way that leadeth us from misery into bliss . this supernatural way had god in himself prepared before all worlds . the way of supernatural duty which to us he hath prescribed , our saviour in the gospel of st. iohn doth note , terming it by an excellency , the work of god : this is the work of god , that ye believe in him whom he hath sent . not that god doth require nothing unto happiness at the hands of men , saving onely a naked belief ( for hope and charity we may not exclude ; ) but that without belief , all other things are as nothing , and it the ground of those other divine vertues . concerning faith , the principal object whereof is , that eternal verity which hath discovered the treasures of hidden wisdom in christ. concerning hope , the highest object whereof , is that everlasting goodness which in christ doth quicken the dead . concerning charity , the final object whereof is , that incomprehensible beauty which shineth in the countenance of christ the son of the living god. concerning these vertues , the first of which beginning here with a weak apprehension of things not seen , endeth with the intuitive vision of god in the world to come ; the second beginning here with a trembling expectation of things far removed , and as yet but onely heard of , endeth with real and actual fruition of that which no tongue can express ; the third beginning herewith a weak in inclination of heart towards him , unto whom we are not able to approach , endeth with endless union ; the mystery whereof is higher then the reach of the thoughts of men. concerning that faith , hope , and charity , without which there can be no salvation ; was there ever any mention made saving onely in that law which god himself hath from heaven revealed ? there is not in the world a syllable muttered with certain truth concerning any of these three , more then hath been supernaturally received from the mouth of the eternal god. laws therefore concerning these things are supernatural , both in respect of the manner of delivering them , which is divine ; and also in regard of the things delivered , which are such as have not in nature any cause from which they flow , but were by the voluntary appointment of god ordained , besides the course of nature , to rectifie natures obliquity withal . . when supernatural duties are necessarily exacted , natural are not rejected as needless . the law of god therefore is , though principally delivered for instruction in the one , yet fraught with precepts of the other also : the scripture is fraught even with laws of nature , insomuch that * gratian defining natural right ( whereby is meant the right , which exacteth those general duties the concern men naturally , even as they are men ) termeth natural right , that which the books of the law and the gospel do contain . neither is it vain , that the scripture aboundeth with so great store of laws in this kinde : for they are either such as we of our selves could not easily have found out , and then the benefit is not small , to have them readily set down to our hands ; or if they be so clear and manifest , that no man endued with reason can lightly be ignorant of them , yet the spirit , as it were , borrowing them from the school of nature , as serving to prove things less manifest , and to enduce a perswasion of somewhat which were in it self more hard and dark , unless it should in such fo●● be cleared , the very applying of them unto cases particular , is not without most singular use and profit many ways for mens instruction . besides , be they plain of themselves or obscure , the evidence of gods own testimony added unto the natural assent of reason , concerning the certainty of them , doth not a little comfort and confirm the same . wherefore , in as much as our actions are conversant about things beset with many circumstances , which cause men of sundry wits , to be also of sundry judgments concerning that which ought to be done : requisit it cannot but seem the rule of divine law should herein help our imbecillity , that we might the more infallibly understand what is good , and what evil . the first principles of the law of nature are easie ; hard it were to finde men ignorant of them : but concerning the duty which natures law doth require at the hands of men in a number of things particular , so * far hath the natural understanding even of sundry whole nations been darkned , that they have not discerned , no , not gross iniquity to be sin . again , being so prone as weare ●o fawn upon our selves , and to be ignorant as much as may be of our own deformities , without the feeling sense whereof we are most wretched ; even so much the more , because not knowing them , we cannot as much as desire to have them taken away : how should our festered sores be cured , but that god hath delivered a law as sharp as the two-edged sword , piercing the very closest and most unsearchable corners of the heart , which the law of nature can hardly , humane laws by no means possibly reach unto ? hereby we know even secret concupiscence to be sin , and are made fearful to offend , though it be but in a wandring cogitation . finally , of those things which are for direction of all the parts of our life needful , and not impossible to be discerned by the light of nature it self ; are there not many which few mens natural capacity , and some which no mans hath been able to finde out ? they are , saith st. augustine , but a few , and they endued with great ripeness of wit and judgment , free from all such affairs as might trouble their meditations , instructed in the sharpest and the subtilest points of learning , who have , and that very hardly , been able to finde out but onely the immortality of the soul. the resurrection of the flesh , what man did ever at any time dream of , having not heard it otherwise , then from the school of nature ? whereby it appeareth , how much we are bound to yield unto our creator , the father of all mercy , eternal thanks , for that he hath delivered his law unto the world ? a law wherein so many things are laid open , clear , and manifest ; as a light , which otherwise would have been buried in darkness , not without the hazard ; or rather not with the hazard , but with the certain loss of infinite thousands of souls , most undoubtedly now saved . we see therefore that our soveraign good is desired naturally , that god the author of that natural desire , had appointed natural means whereby to fulfil it ; that man having utterly disabled his nature unto those means , hath had other revealed from god , and hath received from heaven a law to teach him , how that which is desired naturally , must now supernaturally be attained . finally , we see , that because those latter exclude not the former quite and clean as unnecessary , therefore together with such supernatural duties as could not possibly have been otherwise known to the world , the same law that teacheth them , teacheth also with them such natural duties , as could not by light of nature easily have been known . . in the first age of the world , god gave laws unto our fathers , and by reason of the number of their days , their memories served in stead of books ; whereof the manifold imperfections and defects being known to god , he mercifully relieved the same , by often putting then in minde of that whereof it behoved them to be specially mindful . in which respect , we see how many times one thing hath been iterated unto sundry , even of the best and wisest amongst them . after that the lives of men were shortned , means more durable to preserve the laws of god from oblivion and corruption grew in use , not without precise direction from god himself . first therefore of moses it is said , that he wrote all the words of god ; not by his own private motion and device : for god taketh this act to himself , i have written . furthermore , were not the prophets following , commanded also to do the like ? unto the holy evangelist st. iohn , how often express charge is given , scribe , write these things ? concerning the rest of our lords disciples , the words of st. augustine are , quidquid ille de suis factis & dictis nos legere voluit , hoc scribendum illis tanquam suis manibus imperavit . now although we do not deny it to be a matter meerly accidental unto the law of god to be written ; although writing be not that which addeth authority and strength thereunto : finally , though his laws do require at our hands the same obedience , howsoever they be delivered ; his providence notwithstanding , which hath made principal choice of this way to deliver them , who seeth not what cause we have to admire and magnifie ? the singular benefit that hath grown unto the world by receiving the laws of god , even by his own appointment committed unto writing , we are not able to esteem as the value thereof deserveth . when the question therefore is , whether we be now to seek for any revealed law of god , otherwhere then onely in the sacred scripture ; whether we do now stand bound in the sight of god to yield to traditions urged by the church of rome , the same obedience and reverence we do to his written law , honoring equally , and adoring both as divine ? our answer is , no. they that so earnestly plead for the authority of tradition , as if nothing were more safely conveyed , then that which spreadeth it self by report , and descendeth by relation of former generations , unto the ages that succeed , are not all of them ( surely a miracle it were , if they should be ) so simple , as thus to perswade themselves ; howsoever , if the simple were so perswaded , they could be content perhaps very well to enjoy the benefit , as they account it , of that common error . what hazard the truth is in , when it passeth through the hands of report , how maimed and deformed it becometh ; they are not , they cannot possibly be ignorant . let them that are indeed of this minde , consider but onely that little of things divine , which the * heathen have in such sort received . how miserable had the state of the church of god been long ere this , if wanting the sacred scripture , we had no record of his laws , but onely the memory of man , receiving the same by report and relation from his predecessors ? by scripture , it hath in the wisdom of god , seemed meet to deliver unto the world much , but personally expedient to be practised of certain men ; many deep and profound points of doctrine , as being the main original ground whereupon the precepts of duty depend ; many prophecies , the clear performance whereof might confirm the world in belief of things unseen ; many histories to serve as looking-glasses to behold the mercy , the truth , the righteousness of god towards all that faithfully serve , obey and honor him ; yea , many intire meditations of piety , to be as patterns and precedents in cases of like nature ; many things needful for explication , many for application unto particular occasions , such as the providence of god from time to time hath taken , to have the several books of his holy ordinance written . be it then , that together with the principal necessary laws of god , there are sundry other things written , whereof we might haply be ignorant , and yet be saved : what ? shall we hereupon think them needless ? shall we esteem them as riotous branches , wherewith we sometimes behold most pleasant vines overgrown ? surely , no more then we judge our hands or our eyes superfluous , or what part soever ; which if our bodies did want , we might notwithstanding any such defect , retain still the compleat being of men. as therefore a compleat man is neither destitute of any part necessary , and hath some parts , whereof , though the want could not deprive him of his essence , yet to have them , standeth him in singular stead in respect of the special uses for which they serve : in like sort , all those writings which contain in them the law of god , all those venerable books of scripture , all those sacred tomes and volumes of holy writ ; they are with such absolute perfection framed , that in them there neither wanteth any thing , the lack whereof might deprive us of life ; nor any thing in such wise aboundeth , that as being superfluous , unfruitful , and altogether needless , we should think it no loss or danger at all , if we did want it . . although the scripture of god therefore be stored with infinite variety of matter in all kindes , although it abound with all sorts of laws , yet the principal intent of scripture is to deliver the laws of duties supernatural . oftentimes it hath been in very solemn manner disputed , whether all things necessary unto salvation , be necessarily set down in the holy scriptures , if we define that necessary unto salvation , whereby the way to salvation is in any sort made more plain , apparent and easie to be known ; then is there no part of true philosophy , no art of account , no kinde of science , rightly so called , but the scripture must contain it . if onely those things be necessary , as surely none else are , without the knowledge and practise whereof , it is not the will and pleasure of god to make any ordinary grant of salvation ; it may be notwithstanding , and oftentimes hath been demanded , how the books of holy scripture contain in them all necessary things , when of things necessary the very chief is to know what books we are bound to esteem holy ; which point is confest impossible for the scripture it self to teach . whereunto we may answer with truth , that there is not in the world any art or science , which proposing unto it self an end ( as every one doth some end or other ) hath been therefore thought defective , if it have not delivered simply whatsoever is needful to the same end ; but all kindes of knowledge have their certain bounds and limits ; each of them presupposeth many necessary things learned in other sciences , and known beforehand . he that should take upon him to teach men how to be eloquent in pleading causes , must needs deliver unto them whatsoever precepts are requisite unto that end ; otherwise he doth not the thing which he taketh upon him . seeing then no man can plead eloquently , unless he be able first to speak ; it followeth , that ability of speech is in this case a thing most necessary . notwithstanding every man would think it ridiculous , that he which undertaketh by writing to instruct an orator , should therefore deliver all the precepts of grammar ; because his profession is to deliver precepts necessary unto eloquent speech ; yet so , that they which are to receive them be taught beforehand , so much of that which is thereunto necessary , as comprehendeth the skill of speaking . in like sort , albeit scripture do profess to contain in it all things which are necessary unto salvation ; yet the meaning cannot be simply of all things which are necessary , but all things that are necessary in some certain kinde or form ; as all things that are necessary , and either could not at all , or could not easily be known by the light of natural discourse ; all things which are necessary to be known , that we may be saved ; but known with presupposal of knowledge , concerning certain principles , whereof it receiveth us already perswaded , and then instructeth us in all the residue that are necessary : in the number of these principles , one is the sacred authority of scripture . being therefore perswaded by other means , that these scriptures are the oracles of god , themselves do then teach us the rest , and lay before us all the duties which god requireth at our hands , as necessary unto salvation . further , there hath been some doubt likewise , whether containing in scripture , do import express setting down in plain terms , or else comprehending in such sort , that by reason we may from thence conclude all things which are necessary . against the former of these two constructions , instance hath sundry ways been given . for our belief in the trinity , the co-eternity of the son of god with his father , the proceeding of the spirit from the father and the son , the duty of baptizing infants : these , with such other principal points , the necessity whereof is by none denied , are notwithstanding in scripture no where to be found by express literal mention , onely deduced they are out of scripture by collection . this kinde of comprehension in scripture , being therefore received , still there is no doubt , how far we are to proceed by collection , before the full and compleat measure of things necessary be made up . for let us not think , that as long as the world doth endure , the wit of man shall be able to sound the bottom of that which may be concluded out of the scripture ; especially , if things contained by collection do so far extend , as to draw in whatsoever may be at any time out of scripture , but probably and conjecturally surmized . but let necessary collection be made requisite , and we may boldly deny , that of all those things which at this day are with so great necessity urged upon this church , under the name of reformed church discipline , there is any one which their books hitherto have made manifest to be contained in the scripture . let them , if they can , alledge but one properly belonging to their cause , and not common to them and us , and shew the deduction thereof out of scripture to be necessary . it hath been already shewed , how all things necessary unto salvation , in such sort as before we have maintained , must needs be possible for men to know ; and that many things are in such sort necessary , the knowledge whereof is by the light of nature impossible to be attained . whereupon it followeth , that either all flesh is excluded from possibility of salvation , which to think were most barbarous ; or else , that god hath by supernatural means revealed the way of life so far forth as doth suffice . for this cause , god hath so many times and ways spoken to the sons of men : neither hath he by speech onely , but by writing also instructed and taught his church . the cause of writing hath been , to the end that things by him revealed unto the world , might have the longer continuance , and the greater certainty of assurance ; by how much that which standeth on record , hath in both those respects preheminence above that which passeth from hand to hand , and hath no pens , but the tongues ; no book , but the ears of men to record it . the several books of scripture having had each some several occasion and particular purpose , which caused them to be written ; the contents thereof , are according to the exigence of that special end whereunto they are intended . hereupon it groweth , that every book of holy scripture doth take out of all kindes of truth , a natural , b historical , c foreign , d supernatural , so much as the matter handled requireth . now for as much as there have been reasons alledged sufficient to conclude , that all things necessary unto salvation must be made known , and that god himself hath therefore revealed his will , because otherwise men could not have known so much as is necessary : his surceasing to speak to the world , since the publishing of the gospel of jesus christ , and the delivery of the same in writing , is unto us a manifest token that the way of salvation is now sufficiently opened , and that we need no other means for our full instruction , then god hath already furnished us withal . the main drift of the whole new testament , is that which st. iohn setteth down as the purpose of his own history , these things are written , that ye might believe , that iesus is christ the son of god , and that in believing , ye might have life through his name . the drift of the old , that which the apostle mentioneth to timothy , the holy scriptures are able to make thee wise unto salvation . so that the general end , both of old and new , is one ; the difference between them consisting in this , that the old did make wise by teaching salvation through christ that should come ; the new , by teaching that christ the saviour is come ; and that jesus whom the jews did crucifie , and whom god did raise again from the dead , is he . when the apostle therefore affirmeth unto timothy , that the old was able to make him wise to salvation , it was not his meaning , that the old alone can do this unto us , which live sithence the publication of the new. for he speaketh with presupposal of the doctrine of christ , known also unto timothy ; and therefore first it is said , continue thou in those things which thou hast learned , and art perswaded , knowing of whom thou hast been taught them . again , those scriptures he granteth , were able to make him wise to salvation ; but he addeth , through the faith which is in christ. wherefore without the doctrine of the new testament , teaching that christ hath wrought the redemption of the world ; which redemption the old did foreshew he should work ; it is not the former alone , which can on our behalf , perform so much as the apostle doth avouch , who presupposeth this , when he magnifieth that so highly . and as his words concerning the books of ancient scripture , do not take place , but with presupposal of the gospel of christ embraced ; so our own words also , when we extol the compleat sufficiency of the whole intire body of the scripture , must in like sort be understood with this caution , that the benefit of natures light be not thought excluded as unnecessary , because the necessity of a diviner light is magnified . there is in scripture therefore no defect , but that any man , what place or cailing soever he hold in the church of god , may have thereby the light of his natural understanding so perfected , that the one being relieved by the other , there can want no part of needful instruction unto any good work which god himself requireth , be it natural , or supernatural , belonging simply unto men , as men ; or unto men , as they are united in whatsoever kinde of society . it sufficeth therefore , that nature and scripture do serve in such full sort , that they both joyntly , and not severally either of thou , be so compleat , that unto everlasting felicity , we need not the knowlegde of any thing more then these two may easily furnish our mindes with on all sides : and therefore they which adde traditions , as a part of supernatural necessary truth , have not the truth , but are in error : for they onely plead , that whatsoever god revealeth as necessary for all christian men to do or believe , the same we ought to embrace , whether we have received it by writing or otherwise , which no man denieth ; when that which they should confirm , who claim so great reverence unto traditions , is , that the same traditions are necessarily to be acknowledged divine and holy . for we do not reject them onely , because they are not in the scripture , but because they are neither in scripture , nor can otherwise sufficiently by any reason be proved to be a god. that which is of god , and may be evidently proved to be so , we deny not but it hath in his kinde , although unwritten , yet the self same force and authority with the written laws of god. it is by ours acknowledged , that the apostles did in every church institute and ordain some rites and customs , serving for the seemliness of church regiment ; which rites and customs they have not committed unto writing . those rites and customs being known to be apostolical , and having the nature of things changeable , were no less to be accounted of in the church , then other things of the like degree ; that is to say , capable in like sort of alteration , although set down in the apostles writings . for both being known to be apostolical , it is not the manner of delivering them unto the church , but the author from whom they proceed , which doth give them their force and credit . . laws being imposed either by each man upon himself , or by a publick society , upon the particulars thereof ; or by all the nations of men , upon every several society ; or by the lord himself , upon any or every of these : there is not amongst these four kindes any one , but containeth sundry both natural and positive laws . impossible it is , but that they should fall into a number of gross errors , who onely take such laws for positive , as have been made or invented of men ; and holding this position , hold also , that all positive , and none but positive laws are mutable . laws natural do always binde ; laws positive not so , but onely after they have been expresly and wittingly imposed . laws positive there are in every of those kindes beforementioned . as in the first kinde , the promises which we have past unto men , and the vows we have made unto god ; for these ar● laws which we tie our selves unto , and till we have so tied our selves , they binde us not . laws positive in the second kinde , are such as the civil constitutions peculiar unto each particular commonweal . in the third kinde , the law of heraldry in war , is positive : and in the last , all the judicials which god gave unto the people of israel to observe . and although no laws but positive , be mutable ; yet all are not mutable , which be positive . positive laws are either permanent , or else changeable , according as the matter it self is , concerning which they were first made . whether god or man be the maker of them , alteration they so far forth admit , as the matter doth exact laws that concern supernatural duties , are all positive ; and either concern men supernaturally , as men , or else as parts of a supernatural society ; which society we call the church . to concern men as men supernaturally , is to concern them as duties , which belong of necessity to all , and yet could not have been known by any to belong unto them , unless god had opened them himself ; in as much as they do not depend upon any natural ground at all , out of which they may be deduced , but are appointed of god to supply the defect of those natural ways of salvation , by which we are not now able to attain thereunto . the church being a supernatural society , doth differ from natural societies in this , that the persons unto whom we associate our selves , in the one , are men , simply considered as men : but they to whom we be joyned in the other , are god , angels , and holy men. again , the church being hoth a society , and a society supernatural : although as it is a society , it have the self same original grounds which other politick societies have , namely , the natural inclination which all men have unto sociable life , and consent to some certain bond of association ; which bond is the law that appointeth what kinde of order they shall be associated in : yet unto the church , as it is a society supernatural , this is peculiar ; that part of the bond of their association which belongs to the church of god , must be a law supernatural , which god himself hath revealed , concerning that kinde of worship which his people shall do unto him . the substance of the service of god therefore , so far forth as it hath in it any thing more then the law of reason doth reach , may not be invented of men , as it is amongst the heathens ; but must be received from god himself , as always it hath been in the church , saving onely when the church hath been forgetful of her duty . wherefore to end with a general rule concerning all the laws which god hath tied men unto : those laws divine that belong , whether naturally or supernaturally , either to men as men , or to men as they live in politick society , or to men as they are of that politick society which is the church , without any further respect had unto any such variable accident ; as the estate of men , and of societies of men , and of the church it self in this world is subject unto ; all laws that so belong unto men , they belong for ever , yea , although they be positive laws , unless being positive , god himself which made them , alter them . the reason is , because the subject or matter of laws in general , is thus far forth constant : which matter is that for the ordering whereof laws were instituted , and being instituted , are not changeable without cause : neither can they have cause of change , when that which gave them their first institution , remaineth for ever one and the same . on the other side , laws that were made for men , or societies , or churches , in regard of their being such , as they do not always continue , but may perhaps be clean otherwise awhile after , and so may require to be otherwise ordered then before ; the laws of god himself , which are of this nature , no man endued with common sense , will ever deny to be of a different constitution from the former , in respect of the ones constancy , and the mutability of the other . and this doth seem to have been the very cause why st. iohn doth so peculiarly term the doctrine that teacheth salvation by jesus christ , evangelium aeternum , an eternal gospel ; because there can be no reason wherefore the publishing thereof should be taken away , and any other instead of it proclaimed , as long as the world doth continue : whereas the whole law of rites and ceremonies , although delivered with so great solemnity , is notwithstanding clean abrogated , in as much as it had but temporary cause of gods ordaining it . but that we may at the length conclude this first general introduction unto the nature and original birth , as of all other laws , so likewise of those which the sacred scripture containeth ; concerning the author whereof , even infidels have confessed , that he can neither err nor deceive : albeit , about things easie and manifest unto all men by common sense , there needeth no higher consultation , because as a man whose wisdom is in weighty affairs admired , would take it in some disdain to have his counsel solemnly asked about a toy ; so the meanness of some things is such , that to search the scripture of god for the ordering of them , were to derogate from the reverend authority and dignity of the scripture , no less then they do by whom scriptures are in ordinary talk very idly applied unto vain and childish trifles ; yet better it were to be superstitious , then prophane : to take from thence our direction , even in all things great or small , then to wade through matters of principal weight and moment , without ever caring what the law of god hath , either for or against our designs . concerning the custom of the very paynims , thus much strabo witnesseth , a men that are civil , do lead their lives after one common law , appointing them what to do . for that otherwise a multitude should with harmony amongst themselves , concur in the doing of onething , ( for this is civilly to live ) or that they should in any sort manage community of life , it is not possible . now laws or statutes are of two sorts : for they are either received from gods , or else from men. and our ancient predecessors did surely most honor and reverence that which was from the gods : for which cause , consultation with oracles , was a thing very usual and frequent in their times . did they make so much account of the voice of their gods , which in truth were no gods ; and shall we neglect the precious benefit of conference with those oracles of the true and living god , whereof so great store is left to the church , and whereunto there is so free , so plain , and so easie access for all men ? b by thy commandments ( this was davids confession unto god ) thou hast made me wiser then mine enemies : again , i have had more understanding then all my teachers , because thy testimonies are my meditations . what pains would not they have bestowed in the study of these books , who travelled sea and land to gain the treasure of some few days talk with men , whose wisdom the world did make any reckoning of ? c that little which some of the heathens did chance to hear , concerning such matter as the sacred scripture plentifully containeth , they did in wonderful sort affect ; their speeches , as oft as they make mention thereof , are strange , and such as themselves could not utter as they did other things : but still acknowledged that their wits , which did every where else conquer hardness , were with profoundness here over-matched . wherefore seeing that god hath endued us with sense , to the end that we might perceive such things as this present life doth need ; and with reason , left that which sense cannot reach unto , being both now , and also in regard of a future estate hereafter necessary to be known , should lie obscure : finally , with the heavenly support of prophetical revelation , which doth open those hidden mysteries that reason could never have been able to finde out , or to have known the necessity of them unto our everlasting good : use we the precious gifts of god , unto his glory and honor that gave them , seeking by all means to know what the will of our god is , what righteous before him , in his sight what holy , perfect , and good , that we may truly and faithfully do it . . thus far therefore we have endeavored in part to open , of what nature and force laws are , according unto their several kindes : the law which god with himself hath eternally set down to follow in his own works : the law which he hath made for his creatures to keep : the law of natural and necessary agents : the law which angels in heaven obey : the law whereunto by the light of reason , men finde themselves bound , in that they are men : the law which they make by composition for multitudes and politick societies of men to be guided by : the law which belongeth unto each nation : the law that concerneth the fellowship of all : and lastly , the law which god himself hath supernaturally revealed . it might peradventure have been more popular and more plausible to vulgar ears , if this first discourse had been spent in extolling the force of laws , in shewing the great necessity of them when they are good , and in aggravating their offence , by whom publick laws are injuriously traduced . but for as much as with such kinde of matter the passions of men are rather stirred one way or other , then their knowledge any way set forward unto the tryal of that whereof there is doubt made : i have therefore turned aside from that beaten path , and chosen , though a less easie , yet a more profitable way , in regard of the end we propose . lest therefore any man should marvel whereunto all these things tend● the drift and purpose of all , is this , even to shew in what manner , as every good and perfect gift , so this very gift of good and perfect laws is derived from the father of lights , to teach men a reason why just and reasonable laws are of so great force , of so great use in the world ; and to inform their m●ndes with some method of reducing the laws , whereof there is present controversie unto their first original causes , that so it may be in every particular ordinance thereby the better discerned , whether the same be reasonable , just , and righteous , or no. is there any thing which can either be thorowly understood , or soundly judged of , till the very first causes and principles from which originally it springeth , be made manifest ? if all parts of knowledge have been thought by wise men to be then most orderly delivered and proceeded in , when they are drawn to their first original ; seeing that our whole question concerneth the quality of ecclesiastical laws , let it not seem a labor superfluous , that in the entrance thereunto , all these several kindes of laws have been considered ; in as much as they all concur as principles , they all have their forcible operations therein , although not all in like aprent and manifest manner : by means whereof it cometh to pass , that the force which they have , is not observed of many . easier a great deal it is for men by law , to be taught what they ought to do , then instructed how to judge as they should do of law ; the one being a thing which belongeth generally unto all ; the other , such as none but the wiser and more judicious sort can perform . yea , the wisest are always touching this point , the readiest to acknowledge , that soundly to judge of a law , is the weightiest thing which any man can take upon him . but if we will give judgment of the laws under which we live ; first , let that law eternal be always before our eyes , as being of principal force and moment to breed in religious mindes a dutiful estimation of all laws , the use and benefit whereof we see ; because there can be no doubt , but that laws apparently good , are ( as it were ) things copied out of the very tables of that high everlasting law , even as the book of that law hath said concerning it self , by me kings reign , and by me princes decree iustice. not as if men did behold that book , and accordingly frame their laws ; but because it worketh in them , because it discovereth , and ( as it were ) readeth it self to the world by them , when the laws which they make are righteous . furthermore , although we perceive not the goodness of laws made ; nevertheless , sith things in themselves may have that which we peradventure discern not : should not this breed a fear into our hearts , how we speak or judge in the worse part concerning that , the unadvised disgrace whereof may be no mean dishonor to him , towards whom we profess all submission and aw ? surely there must be very manifest iniquity in laws , against which we shall be able to justifie our contumelious invectives . the chiefest root whereof , when we use them without cause , is ignorance , how laws inferior are derived from that supream or highest law. the first that receive impression from thence , are natural agents . the law of whose operations might be haply thought less pertinent , when the question is about laws for humane actions , but that in those very actions which most spiritually and supernaturally concern men , the rules and axioms of natural operations have their force . what can be more immediate to our salvation , then our perswasion concerning the law of christ towards his church ? what greater assurance of love towards his church , then the knowledge of that mystical union , whereby the church is become as near unto christ , as any one part of his flesh is unto other ? that the church being in such sort his , he must needs protect it ; what proof more strong , then if a manifest law so require , which law it is not possible for christ to violate ? and what other law doth the apostle for this alledge , but such as is both common unto christ with us , and unto us with other things natural . no man hateth his own flesh , but doth love and cherish it ? the axioms of that law therefore , whereby natural agents are guided , have their use in the moral , yea , even in the spiritual actions of men , and consequently in all laws belonging unto men howsoever . neither are the angels themselves so far severed from us in their kinde and manner of working , but that between the law of their heavenly operations , and the actions of men in this our state of mortality , such correspondence there is , as maketh it expedient to know in some sort the one , for the others more perfect direction . would angels acknowledge themselves fellow-servants with the sons of men , but that both having one lord , there must be some kinde of law which is one and the same to both , whereunto their obedience being perfecter , is to our weaker , both a pattern and a spur ? or would the apostles , speaking of that which belongeth unto saints , as they are linked together in the bond of spiritual society , so often make mention how angels are therewith delighted ; if in things publickly done by the church , we are not somewhat to respect what the angels of heaven do ? yea , so far hath the apostle st. paul proceeded , as to signifie that even about the outward orders of the church , which serve but for comeliness , some regard is to be had of angels ; who best like us when we are most like unto them in all parts of decent demeanor . so that the law of angels we cannot judge altogether impertinent unto the affairs of the church of god. our largeness of speech , how men do finde out what things reason bindeth them of necessity to observe , and what it guideth them to chuse in things which are left as arbitary , the care we have had to declare the different nature of laws which severally concern all men , from such as belong unto men , either civilly or spiritually associated ; such as pertain to the fellowship which nations , or which christian nations have amongst themselves ; and in the last place , such as concerning every or any of these god himself hath revealed by his holy word ; all serveth but to make manifest , that as the actions of men are of sundry distinct kindes , so the laws thereof must accordingly be distinguished . there are in men operations , some natural , some rational , some supernatural , some politick , some finally ecclesiastical : which if we measure not each by his own proper law , whereas the things themselves are so different , there will be in our understanding and judgment of them , confusion . as that first error sheweth whereon our opposites in this cause have grounded themselves : for as they rightly maintain , that god must be glorified in all things , and that the actions of men cannot tend unto his glory , unless they be framed after his law : so it is their error , to think that the onely law which god hath appointed unto men in that behalf , is the sacred scripture . by that which we work naturally , as when we breath , sleep , move , we set forth the glory of god as natural agents do , albeit we have no express purpose to make that our end , nor any advised determination therein to follow a law , but do that we do ( for the most part ) not as much as thinking thereon . in reasonable and moral actions , another law taketh place ; a law by the observation whereof we glorifie god in such sort , as no creature else under man is able to do ; because other creatures have not judgment to examine the quality of that which is done by them ; and therefore in that they do , they neither can accuse not approve themselves . men do both , as the apostle teacheth ; yea , those men which have no written law of god to shew what is good or evil , carry written in their hearts the universal law of mankinde , the law of reason , whereby they judge as by a rule which god hath given unto all men for that purpose . the law of reason doth somewhat direct men how to honor god as their creator ; but how to glorifie god in such sort as is required , to the end , he may be an everlasting saviour ; this we are taught by divine law , which law both ascertaineth the truth , and supplieth unto us the want of that other law. so that in moral actions , divine law helpeth exceedingly the law of reason to guide mans life ; but in supernatural , it alone guideth , proceed we further , let us place man in some publick society with others , whether civil or spiritual ; and in this case there is no remedy , but we must add yet a further law. for although , even here likewise , the laws of nature and reason be of necessary use ; yet somewhat over and besides them is necessary , namely , humane and positive law , together with that law which is of commerce between grand societies , the law of nations , and of nations christian. for which cause , the law of god hath likewise said , let every soul be subject to the higher powers . the publick power of all societies , is above every soul contained in the same societies . and the principal use of that power is to give laws unto all that are under it ; which laws in such case we must obey , unless there be reason shewed , which may necessarily inforce , that the law of reason , or of god , doth enjoyn the contrary : because except our own private , and but probable resolutions , be by the law of publick determinations over-ruled , we take away all possibility of sociable life in the world. a plainer example whereof , then our selves , we cannot have . how cometh it to pass , that we are at this present day so rent with mutual contentions , and that the church is so much troubled about the polity of the church ? no doubt , if men had been willing to learn how many laws their actions in this life , are subject unto , and what the true force of each law is , all these controversies might have died the very day they were first brought forth . it is both commonly said , and truly , that the best men otherwise are not always the best in regard of society . the reason whereof is , for that the law of mens actions is one , if they be respected onely as men ; and another , when they are considered as parts of a politick body . many men there are , then whom nothing is more commendable when they are singled : and yet in society with others , none less fit to answer the duties which are looked for at their hands . yea , i am perswaded , that of them , with whom in this cause we strive , there are whose betters among men would be hardly found , if they did not live amongst men , but in some wilderness by themselves . the cause of which , their disposition so unframable unto societies wherein their live , is , for that they discern not aright , what place and force these several kindes of laws ought to have in all their actions . is there question either concerning the regiment of the church in general , or about conformity between one church and another , or of ceremonies , offices , powers , jurisdictions in our own church ? of all these things , they judge by that rule which they frame to themselves with some shew of probability ; and what seemeth in that sort convenient , the same they think themselves bound to practice , the same by all means they labor mightily to uphold ; whatsoever any law of man to the contrary hath determined , they weigh it not . thus by following the law of private reason , where the law of publick should take place , they breed disturbance . for the better inuring therefore of mens mindes with the true distinction of laws , and of their several force , according to the different kinde and quality of our actions , it shall not peradventure be amiss to shew in some one example , how they all take place . to seek no further , let but that be considered , then which there is not any thing more familiar unto us , our food . what things are food , and what are not , we judge naturally by sense , neither need we any other law to be our directer in that behalf , then the self-same which is common unto us with beasts . but when we come to consider of food , as of a benefit which god of his bounteous goodness hath provided for all things living ; the law of reason doth here require the duty of thankfulness at our hands towards him , at whose hands we have it . and lest appetite in the use of food , should lead us beyond that which is meet , we ow in this case obedience to that law of reason , which teacheth mediocrity in meats and drinks . the same things divine law teacheth also , as at large we have shewed it , doth all parts of moral duty , whereunto we all of necessity stand bound , in regard of the life to come . but of certain lendes of food the jews sometime had , and we our selves likewise have a mystical , religious , and supernatural use ; they of their paschal lamb and oblations ; we of our bread and wine in the eucharist : which use none but divine law could institute . now as we live in civil society , the state of the commonwealth wherein we live , both may and doth require certain laws concerning food ; which laws , saving onely that we are members of the commonwealth , where they are of force , we should not need to respect as rules of action ; whereas now in their place and kinde , they must be respected and obeyed . yea , the self-same matter is also a subject wherein sometime ecclesiastical laws have place ; so that unless we will be authors of confusion in the church , our private discretion , which otherwise might guide us a contrary way ; must here submit it self to be that way guided , which the publick judgment of the church hath thought better . in which case , that of zonaras concerning fasts may be remembred . fastings are good , but let good things be done in good and convenient manner . he that transgresseth in his fasting the orders of the holy fathers , the positive laws of the church of christ , must be plainly told , that good things do lose the grace of their goodness , when in good sort they are not performed . and as here mens private fancies must give place to the higher judgment of that church , which is in authority a mother over them : so the very actions of whole churches have , in regard of commerce and fellowship with other churches , been subject to laws concerning food , the contrary unto which laws had else been thought more convenient for them to observe ; as by that order of abstinence from strangled and blood may appear ; an order grounded upon that fellowship which the churches of the gentiles had with the jews . thus we see how even one and the self-same thing is under divers considerations conveyed through many laws ; and that to measure by any one kinde of law all the actions of men , were to confound the admirable order wherein god hath disposed all laws , each as in nature , so in degree , distinct from other . wherefore that here we may briefly end , of law there can be no less acknowledge , then that her seat is the bosom of god , her voice the harmony of the world : all things in heaven and earth do her homage , the very least as feeling her care , and the greatest as not exempted from her power : both angels , and men , and creatures of what condition soever , though each in different sort and manner , yet all with uniform consent , admiring her as the mother of their peace and joy. of the laws of ecclesiastical polity . book ii. concerning their first position who urge reformation in the church of england : namely , that scripture is the only rule of all things , which in this life may be done be men . the matter contained in this second book . . an answer to their first proof brought out of scripture , prov. . . . to their second , cor. . . . to their third , tim. . . . to their fourth , rom. . . . to their proofs out of fathers , who dispute negatively from the authority of holy scripture . . to their proof by the scriptures custom of disputing from divine authority negatively . . an examination of their opinion concerning the force of arguments taken from humane authority for the ordering of mens actions and perswasions . . a declaration what the truth is in this matter . as that which in the title hath been proposed for the matter whereof we treat is only the ecclesiastical law whereby we are governed ; so neither is it my purpose to maintain any other thing , then that which therein truth and reason shall approve . for concerning the dealings of men , who administer government , and unto whom the execution of that law belongeth , they have their judge who sitteth in heaven , and before whose tribunal seat they are accountable for whatsoever abuse or corruption , which ( being worthily misliked in this church ) the want either of care or of conscience in them hath bred . we are no patrons of those things therefore ; the best defence whereof is speedy redress and amendment . that which is of god we defend , to the uttermost of that ability which he hath given : that which is otherwise , let it wither even in the root from whence it hath sprung . wherefore all these abuses being severed and set apart , which use from the corruption of men , and not from the laws themselves : come we to those things which in the very whole entire form of our church-polity have been ( as we perswade our selves ) injuriously blamed by them who indeavour to overthrow the same , and instead thereof to establish a much worse , onely through a strong misconceit they have , that the same is grounded on divine authority . now , whether it be that through an earnest longing desire to see things brought to a peaceable end ; i do but imagine the matters whereof we contend , to be fewer then indeed they are ; or else for that in truth they are fewer when they come to be discust by reason , then otherwise they seem when by heat of contention they are divided into many slips , and of every branch an heap is made : surely , as now we have drawn them together , choosing out those things which are requisite to be severally all discust , and omitting such mean specialities as are likely ( without any great labour ) to fall afterwards of themselves ; i know no cause why either the number or the length of these controversies should diminish our hope of seeing them end with concond and love on all sides ; which of his infinite love and goodness , the father of all peace and unity grant . unto which scope that our endeavour may the more directly tend , it seemeth fittest that first those things be examined , which are as seeds from whence the rest that ensue have grown . and of such the most general is , that , wherewith we are here to make our entrance : a question not moved ( i think ) any where in other churches , and therefore in ours the more likely to be soon ( i trust ) determined : the rather for that it hath grown from no other root then only a desire to enlarge the necessary use of the word of god ; which desire hath begotten an error inlarging it further then ( as we are perswaded ) soundness of truth will bear . for whereas god hath left sundry kindes of laws unto men , and by all those laws the actions of men are in some sort directed : they hold that one only law , the scripture , must be the rule to direct in all things , even so far as to the taking up of a rush or straw . about which point there should not need any question to grow , and that which is grown might presently end , if they did yield but to these two restraints : the first is , not to extend the actions whereof they speak , so low as that instance doth import , of taking up a straw , but rather keep themselves at the least within the compass of moral actions , actions which have in them vice of vertue : the second , not to exact at our hands for every action the knowledge of some place of scripture , out of which we stand bound to deduce it , as by divers testimonies they seek to enforce ; but rather as the truth is , so to acknowledge , that it sufficeth if such actions be framed according to the law of reason ; the general axiomes , rules and principles of which law , being so frequent in holy scripture , there is no let but in that regard , even out of scripture such duties may be deduced by some kind of consequence ( as by long circuit of deduction it may be that even all truth , out of any truth , may be concluded ) howbeit no man bound in such sort to deduce all his actions out of scripture , as if either the place be to him unknown whereon they may be concluded , or the reference unto that place not presently considered of , the action shall in that respect be condemned as unlawful . in this we dissent , and this we are presently to examine . . in all parts of knowledge rightly so termed , things most general are most strong ; thus it must be , inasmuch as the certainty of our perswasion touching particulars , dependeth altogether upon the credit of those generalities out of which they grow . albeit therefore every cause admit not such infallible evidence of proof , as leaveth no possibility of doubt or scruple behinde it ; yet they who claim the general assent of the whole world unto that which they teach , and do not fear to give very hard and heavy sentence upon as many as refuse to embrace the same , must have special regard that their first foundations and grounds be more then slender probabilities . this whole question which hath been moved about the kinde of church regiment , we could not but for our own resolution sake , endeavour to unrip and sist ; following therein as near as we might , the conduct or that judicial method which serveth best for invention of truth . by means whereof , having found this the head theorem of all their discourses , who plead for the change of ecclesiastical government in england , namely , that the scripture of god is in such sort the rule of humane actions , that simply whatsoever we do , and are not by it directed thereunto , the same is sin ; we hold it necessary that the proofs hereof be weighed : be they of weight sufficient or otherwise , it is not ours to judge and determine ; onely what difficulties there are , which as yet with-hold our assent , till we be further and better satisfied , i hope , no indifferent amongst them will scorn or refuse to hear . first , therefore whereas they alledge , that wisdom doth teach men every good way ; and have thereupon inferred , that no way is good in any kinde of action , unless wisdom do by scripture lead unto it : see they not plainly how they restrain the manifold ways which wisdom hath to teach men by , unto one onely way of teaching , which is by scripture ? the bounds of wisdom are large ; and within them much is contained . wisdom was adams instructor in paradise : wisdom endued the fathers who lived before the law , with the knowledge of holy things ; by the wisdom of the law of god. david attained to excel others in understanding ; and solomon likewise to excel david , by the self-same wisedome of god , teaching him many things besides the law. the ways of well-doing are in number even as many , as are the kindes of voluntary actions : so that whatsoever we do in this world , and may do it ill , we shew our selves therein by well-doing to be wise . now if wisdom did teach men by scripture not only all the ways that are right and good in some certain kinde , according to that of a s. paul , concerning the use of scripture ; but did simply without any manner of exception , restraint , or distinction , teach every way of doing well : there is no art but scripture should teach it , because every art doth teach the way how to do something or other well : to teach men therefore wisdom professeth , and to teach them every good way : but not every good way by one way of teaching . whatsoever either men on earth , or the angels of heaven do know , it is as a drop of that unemptiable fountain of wisdom ; which wisdom , hath diversly imparted her treasures unto the world. as her ways are of sundry kinds , so her manner of teaching is not meerly one and the same . some things she openeth by the sacred books of scripture ; some things by the glorious works of nature : with some things she inspireth them from above by spiritual influence ; in some things she leadeth and traineth them onely by worldly experience and practice . we may not so in any one special kinde admire her , that we disgrace her in any other ; but let all her ways be according unto their place and degree adored . . that all things be done to the glory of god , the blessed apostle ( it is true ) exhorteth . the glory of god is the admirable excellency of that vertue divine , which being made manifest , causeth men and angels to extol his greatness , and in regard thereof to fear him . by being glorified , it is not meant , that he doth receive any augmentation of glory at our hands ; but his name we glorifie , when we testifie our acknowledgement of his glory . which albeit we most effectually do by the vertue of obedience ; nevertheless it may be perhaps a question , whether s. paul did mean that we sin as oft as ever we go about any thing , without an express intent and purpose to obey god therein . he saith of himself , i do in all things please all men , seeking not mine own commodity , but rather the good of many , that they may be saved . shall it hereupon be thought , that st. paul did not move either hand or foot , but with express intent even thereby to further the common salvation of men ? we move , we sleep , we take the cup at the hand of our friend , a number of things we oftentimes do , only to satisfie some natural desire , without present , express and actual reference unto any commandment of god. unto his glory even these things are done which we naturally perform , and not only that which morally and spiritually we do . for by every effect proceeding from the most concealed instincts of nature , his power is made manifest . but it doth not therefore follow , that of necessity we shall sin , unless we expresly intend this in every such particular . but be it a thing which requireth no more then onely our general presupposed willingness to please god in all things , or be it a matter wherein we cannot so glorifie the name of god as we should , without an actual intent to do him in that particular some special obedience ; yet for any thing there is in this sentence alledged to the contrary , god may be glorified by obedience , and obeyed by performance of his will , and his will be performed with an actual intelligent desire to fulfil that law which maketh known what his will is , although no special clause or sentence of scripture be in every such action set before mens eyes to warrant it . for scripture is not the onely law whereby . god hath opened his will touching all things that may be done ; but there are other kinde of laws which notifie the will of god , as in the former book hath been proved at large : nor is there any law of god , whereunto he doth not account our obedience his glory . do therefore all things unto the glory of god , ( saith the apostle ) be inoffensive both to the iews and grecians , and the church of god ; even as i please all then in all things , not seeking mine own commodity , but manies , that they may be saved . in the least thing done disobediently towards god , or offensively against the good of men , whose benefit we ought to seek for as for our own , we plainly shew that we do not acknowledge god to be such as indeed he is , and consequently that we glorifie him not . this the blessed apostle teacheth ; but doth any apostle teach that we cannot glorifie god otherwise then onely in doing what we finde that god in scripture commandeth us to do ? the churches dispersed amongst the heathen in the east part of the world , are by the apostle s. peter exhorted , to have their conversation honest amongst the gentiles , that they which spake evil of them as of evil doers , might by the good works which they should see , glorifie god in the day of visitation . as long as that which christians did was good , and no way subject unto just reproof , their vertuous conversation was a mean to work the heathens conversion unto christ. seeing therefore this had been a thing altogether impossible , but that infidels themselves did discents , in matters of life and conversation , when believers did well , and when otherwise ; when they glorified their heavenly father , and when not : it followeth , that somethings wherein god is glorified , may be some other way known then onely but the sacred scripture , of which scripture the gentiles being utterly ignorant , did notwithstanding judge rightly of the quality of christian mens actions . most certain it is , that nothing but onely sin doth dishonoar god. so that to glorifie him in all things , is to do nothing whereby the name of god may be blasphemed ; nothing whereby the salvation of jew or grecian , or any in the church of christ may be let or hindred ; nothing whereby his law is transgrest . but the question is , whether only scripture do shew whatsoever god is glorified in . . and though meats and drinks be said to be sanctified by the word of god , and by prayer , yet neither is this a reason sufficient to prove , that by scripture we must of necessity be directed , in every light and common thing , which is incident unto any part of mans life . onely it sheweth that unto us the word , that is to say , the gospel of christ , having not delivered any such difference of things clean and unclean as the law of moses did unto the jews , there is no cause but that we may use indifferently all things , as long as we do not ( like swine ) take the benefit of them without a thankful acknowledgement of his liberality and goodness , by whose providence they are enjoyed . and therefore the apostle gave warning beforeshifhed to that need of such as should enjoyed to abstain from meats , which god hath streased to be received will thanksgiving , by them which believe and know the truth . for every creature of god in good , and nothing to be refused , if it be received with thanksgiving ; because it sanctified by the word of god and prayer . the gospel , by not malling many things unclean ! as the law did , hath sanctified those things generally to asked which particularly each man unto himself must sanctifie by a reverend and holy the ●● which will hardly be down so far as to serve their purpose , who have imagined the world in such sort to sanctifie all things , that neither food saw he tastest , nor principle on , nor in the world any thing done , but this deed must needs be sin in them which do not first know it appointed unto them by scripture before they do it . . but to come unto that which of all other things in scripture is most stood upon that place of s. paul they say , is of all other most clear , where speaking of those things which are called indifferent , in the end he concludeth , that whatsoever is not of faith , of sin his faith is not but th respect of the word of god therefore whatsoever is not done by the word of god , is sin . whereunto the answer , that albest the name of faith being properly and strictly taken , it must needs have reference unto some uttered word , as the object of belief : nevertheless , sith the ground of credit is the credibility of things credited ; and things are made credible , either by the known condition and quality of the utterer , or by the manifest likelihood of truth , which they have in themselves ; hereupon it riseth , that whatsoever we are perswaded of , the same we are generally said to believe . in which generality the object of faith may not so narrowly be restrained , as if the same did extend no further then to the only scriptures of god. though ( saith our saviour ) ye believe not me , believe my works , that ye may know and believe that the father is in me , and i in him . the other disciples said unto thomas , we have seen the lord ; but his answer unto them was , except i see in his hands the print of the nails , and put my finger into them , i will not believe . can there be any thing more plain , then that which by these two sentences appeareth ? namely , that there may be a certain belief grounded upon other assurance then scripture ; any thing more clear , then that we are said not only to believe the things which we know by anothers relation , but even whatsoever we are certainly perswaded of , whether it be by reason , or by sense ? forasmuch therefore as ( a ) it is granted that s. paul doth mean nothing ; else by faith , but onely a full perswasion that that which we do it well done ; against which kinde of faith or perswasion , as s. paul doth count it sin to enterprize any thing , ( b ) so likewise some of the very heathen have taught , as tully , that nothing ought to be done whereof thou doubtest , whether it be right or wrong ; whereby it appeareth that even those which had no knowledge of the word of god , did see much of the equity of this which the apostle requireth of a christian man ; i hope we shall not seen altogether unnecessarily to doubt of the soundness of their opinion , who think simply that nothing but onely the word of god , can give us assurance in any thing we are to do , and resolve us that we do well . for might not the jews have been fully perswaded that they did well to think ( if they had so thought ) that in christ god the father was , although the only ground of this , their faith , had been the wonderful works they saw him do ? might not , yea , did not thomas fully in the end perswade himself , that he did well to think that body which now was raised , to be the same which had been crucified ? that which gave thomas this assurance was his sense ; thomas ; because thou hast seen , thou believest , saith our saviour . what scripture had tully for his assurance ? yet i nothing doubt , but that they who alledge him think he did well to set down in writing , a thing so consonarie unto truth . finally , we all believe that the scriptures of god are sacred , and that they have proceeded from god , our selves we assure that we do right well in so believing . we have for this point a demoustration sound and infallible . but it is not the word of god which doth or possibly can assure us , that we do well to think it his word . for if any one book of scripture did give testimony to all , yet sell that scripture which giveth credit to the rest , would require another scripture to give credit unto it neither could we ever come unto any pause whereon to rest our assurance this way : so that unless beside scripture , there were something which might assure us that we do well , we could nor think we do well ; no , not in being assured that scripture is a sacred and holy rule of well-doing . on which determination we , might be contented to stay our selves , without further proceeding herein , but that we are drawn on into a larger speech , by reason of their so great earnestness , who beat more , and more upon these last alledged words , as being of all other most pregnant . whereas , therefore they still argue , that wheresoever faith is wanting , there is sin ; and in every action not commanded , faith is wanting ; ergo , in every action not commanded , there is sin : i would demand of them ; first , forasmuch , as the nature of things indifferent , is neither to be commanded , nor forbidden , but left free and arbitrary ; how there can be any thing indifferent , i● for want of faith , sin be committed , when any thing not commanded is done . so that of necessity they must adde somewhat , and at least wise thus , set it down : in every action not commanded of god , or permitted with approbation , faith is wanting , and for want of faith there is sin . the next thing we are to enquire is , what those things be which god permitteth with approbation , and how we may know them to be so permitted ? when there are unto one end sundry means ; as for example , for the sustenance of our bodies many kindes of food , many sorts of raiment to cloath our nakedness , and so in other things of like condition : here the end it self being necessary , but not so any one mean thereunto ; necessary that our bodies should he both fed and cloathed , howbeit no one kinde of food or raiment necessary ; therefore we hold these things free in their own nature and indifferent . the choice is left to our own discretion , except a principal bond of some higher duty remove the indifferency that such things have in themselves . their indifferency is removed , if either we take away our own liberty , as ananias did , for whom to have sold or held his possessions it was indifferent , till his solemn vow and promise into god had strictly bound him one only way : or if god himself have precisely abridged the same , by restraining us unto , or by barring us from some one or more things of many , which otherwise were in themselves altogether indifferent . many fashions of priestly attire there were , whereof aaron and his sons might have had their free choice without sin , but that god expresly tied them unto one . all meats indifferent unto the jew , were it not that god by name excepted some , as swines flesh . impossible therefore it is we should otherwise think , then that what things god doth neither command nor forbid , the same he permitteth with approbation either to be done or left undone . all things are lawful unto me , saith the apostle , speaking as it seemeth , in the person of the christian gentile , for maintenance of liberty in things indifferent : whereunto his answer is , that nevertheless , all things are not expedient ; in things indifferent there is a choice , they are not always equally expedient . now in things although not commanded of god , yet lawfull , because they are permitted , the question is , what light shall shew us the conveniency which one hath above another ? for answer , their final determination is , that whereas the heathen did send men for the difference of good and evil to the light of reason , in such things the apostle sendeth us to the school of christ in his word , which onely is able through faith to give us assurance and resolution in our doings . which word onely , is utterly without possibility of ever being proved . for what if it were true concerning things indifferent , that unless the word of the lord had determined of the free use of them , there could have been no lawful use of them at all ; which notwithstanding is untrue ; because it is not the scriptures setting down such things as indifferent , but their not setting down as necessary , that doth make them to be indifferent ; yet this to our present purpose serveth nothing at all . we enquire not now , whether any thing be free to be used , which scripture hath nor set down as free ? but concerning things known and acknowledged to be indifferent , whether particularly in chusing any one of them before another , we sin , if any thing but scripture direct us into this our choice . when many meats are set before me , all are indifferent , none unlawful ; i take one as most convenient . if scripture require me so to do , then is not the thing indifferent , because i must do what scripture requireth . they are all indifferent ; i might take any , scripture doth not require of me to make any special choice of one : i do notwithstanding make choice of one , my discretion teaching me so to do . a hard case , that hereupon i should be justly condemned of sin . not let any man think that following the judgement of natural discretion in such cases , we can have no assurance that we please god. for to the author and god of our nature , how shall any operation proceeding in natural sort , he in that respect unacceptable ? the nature which himself hath given to work by , he cannot but be delighted with , when we exercise the same any way without commandment of his to the contrary . my desire is , to make this cause so manifest , that if it were possible , no doubt or scruple concerning the same , might remain in any mans cogitation . some truths there are , the verity whereof time doth alter : as it is now true that christ is risen from the dead ; which thing was not true at such time as christ was living on earth , and had not suffered . it would be known therefore , whether this which , they teach concerning the sinful stain of all actions not commanded of god , be a truth that doth now appertain unto us onely , or a perpetual truth , in such sort that from the first beginning of the world , unto the last consummation thereof , it neither hath been , nor can be otherwise . i see not how they can restrain this unto any particular time , how they can think it true now , and not always true , that in every action not commanced there is for want of faith sin . then let them cast back their eyes unto former generations of men , and mark what was done in the prime of the world : seth , enoch , noah , sem , abraham , iob , and the rest that lived before any syllable of the law of god was written , did they not sin as much as we do in every action not commanded ? that which god is unto us by his sacred word , the same he was unto them by such like means as eliphaz in iob describeth . if therefore we sin in every action which the scripture commandeth us not , it followeth that they did the like in all such actions as were not by revelation from heaven exacted at their hands : unless god from heaven did by vision still shew them what to do , they might do nothing ; not eat , not drink , not sleep , not move . yea , but even as in darkness , candle light may serve to guide mens steps , which to use in the day were madness ; so when god had once delivered his law in writing , it may be , they are of opinion , that then it must needs be sin for men to do any thing , which was not there commanded them to do , whatsoever they might do before . let this be granted , and it shall hereupon plainly ensue , either that the light of scripture once shining in the world , all other light of nature is therewith in such sort drowned , that now we need it not , neither may we longer use it ; or if it stand us in any stead , yet , as aristotle speaketh of men whom nature hath framed for the state of servitude , saying , they have reason so far forth as to conceive when others direct them , but little or none in directing themselves by themselves ; so likewise our natural capacity and judgement must serve us onely for the right understanding of that which the sacred scripture teacheth . had the prophets who succeeded moses , or the blessed apostles which followed them , been setled in this perswasion , never would they have taken so great pains in gathering together natural arguments , thereby to teach the faithful their duties . to use unto them any other motive then scriptures est , thou it is written , had been to teach them other grounds of their actions then scripture ; which i grant , they alledge commonly , but not onely . onely scripture they should have alledged , had they been thus perswaded , that so far forth we do sin , as we do any thing otherwise directed then by scripture . s. augustine was resolute in points of christianity to credit none , how godly and learned soever he were , unless he confirmed his sentence by the scriptures , or by some reason not contrary to them . let them therefore with s. augustine reject and condemn that which is not grounded either on the scripture , or on some reason not contrary to scripture , and we are ready to give them our hands in token of friendly consent with them . . but against this it may be objected , and is , that the fathers do nothing more usually in their books , then draw arguments from the scripture negatively in reproof of that which is evil ; scriptures teach it not , avoid it therefore : these disputes with the fathers are ordinary , neither is it hard to shew that the prophets themselves have so reasoned . which arguments being sound and good , it should seem that it cannot be unsound or evil to hold still the same asserrion , against which hitherto we have disputed . for if it stand with reason thus to argue , such a thing is not taught us in scripture , therefore we may not receive or allow it : how should it seem unreasonable to think , that whatsoever we may lawfully do , the scripture by commanding it must make it lawful ? but how far such arguments do reach , it shall the better appear by considering the matter wherein they have been urged . first therefore this we constantly deny , that of so many testimonies as they are able to produce for the strength of negative arguments , any one doth generally ( which is the point in question ) condemn either all opinions as false , or all actions as unlawful , which the scripture teacheth us not . the most that can be collected out of them is onely , that in some cases a negative . argument taken from scripture is strong , whereof no man endued with judgement can doubt . but doth the strength of some negative argument prove this kinde of negative argument strong , by force whereof , all things are denied which scripture affirmeth not , or all things which scripture prescribeth not condemned ? the question between us is concerning matter of action , what things are lawful , or unlawful for men to do . the sentences alledged out of the fathers , are as peremptory , and as large in every respect for matter of opinion , as of action ; which argueth that in truth they never meant any otherwise to tie the one then the other unto scripture , both being thereunto equally tied , as far as each is required in the same kinde of necessity unto salvation . if therefore it be not unlawful to know , and with full perswasion to believe much more then scripture alone doth teach ; if it be against all sense and reason to condemn the knowledge of so many arts and sciences as are otherwise learned then in holy scripture , notwithstanding the manifest speeches of ancient catholick fathers which seem to close up within the bosom thereof all manner good and lawful knowledge ; wheresore should their words be thought more effectual to shew that we may not in deeds and practice , then they are to prove that in speculation and knowledge , we ought not to go any further then the scripture ? which scripture being given to teach matters of belief , no less then of action ; the fathers must needs be , and are even as plain against credit , besides the relation , as against practice , without the injunction of the scripture . s. augustine hath said , whether it be question of christ , or whether it be question of his church , or of what thing soever the question be : i say not , if we , but if an angel from heaven shall tell us any thing beside that you have received in the scripture under the law and the gospel , let him be accursed . in like sort tertallian , we may not give our selves this liberty to bring in any thing of our will , , nor chuse any thing that other men bring in of their will ; we have the apostles themselves for authors , which themselves brought nothing of their own will ; but the discipline which they received of christ , they delivered faithfully unto the people ; in which place the name of discipline importeth not , as they who alledge it would fain have it construed , but as any man who noteth the circumstance of the place , and the occasion of uttering the words , will easily acknowledge , even the self-same thing it signifieth , which the name of doctrine doth ; and as well might the one as the other there have been used . to help them farther , doth not s. ierome , after the self-same manner dispute . we believe it not , because we read it not : yea , we ought not so much as to know the things which the book of the law containeth not , saith s. hilary . shall we hereupon then conclude , that we may not take knowledge of , or give credit unto any thing which sense , or experience , or report , or art doth propose , unless we finde the same in scripture ? no , it is too plain that so far to extend their speeches , is to wrest them against their true intent and meaning . to urge any thing upon the church , requiring thereunto that religious assent of christian belief , wherewith the words of the holy prophets are received ; to urge any thing as part of that supernatural and celestially revealed truth which god hath taught , and not to shew it in scripture , this did the ancient fathers evermore think unlawful , impious execrable . and thus as their speeches were meant , so by us they must be restrained . as for those alledged words of cyprian , the christian religion shall finde , that out of this scripture rules of all doctrines have sprung , and that from hence doth spring , and hither doth return whatsoever the ecclesiastical discipline doth contain . surely this place would never have been brought forth in this cause , if it had been but once read over in the author himself , out of whom it is cited . for the words are uttered concerning that one principal commandment of love ; in the honour whereof hespeaketh after this sort ; surely this commandment containeth the law and the prophets , and in this one word is the abridgement of all the volumes of scripture : this nature , and reason , and the authority of thy word , o lord , doth proclaim ; this we have heard out of thy month ; herein the perfection of all religion doth consist . this is the first commandment and the last : this being written in the book of life , is ( as it were ) an everlasting lesson both to men and angels . let christian religion read this one word , and meditate upon this commandment , and out of this scriptrue it shall finde the rules of all learning to have spring , and from hence to have risen , and hither to return , whatsoever the ecclesiastical discipline containeth ; and that in all things it is vain and bootless which charity confirmeth not . was this a sentence ( trow you ) of so great force to prove that scripture is the onely rule of all the actions of men ? might they not hereby even as well prove , that one commandment of scripture is the onely rule of all things , and so exclude the rest of the scripture , as now they do all means besides scripture ? but thus it fareth , when too much desire of contradiction causeth our speech rather to pass by number , then to stay for weight . well , but tertullian doth in this case speak yet more plainly : the scripture ( saith he ) denieth what it noteth not : which are indeed the words of tertullian . but what ? the scripture reckoneth up the kings of israel , and amongst those kings , david ; the scripture reckoneth up the sons of david , and amongst those sons , solomon . to prove that amongst the kings of israel , there was no david but only one ; no solomon but one in the sons of david , tertullians argument will fitly prove . for inasmuch as the scripture did propose to reckon up all ; if there were moe , it would haue named them . in this case the scripture doth deny the thing it noteth not . howbeit i could not but think that man to do me some piece of manifest injury , which would hereby fasten upon me a general opinion , as if i did think the scripture to deny the very reign of king henry the eighth , because it no where noteth that any such king did reign . tertullians speech is probable concerning such matter as he there speaketh of . there was , saith tertullian , no second lamech , like to him that had two wives ; the scripture denieth what it noteth not . as therefore it noteth one such to have been in that age of the world ; so had there been moe , it would by likelihood as well have noted many as one . what infer we now hereupon ? there was no second lamech ; the scripture denieth what it noteth not . were it consonant unto reason to divorce these two sentences , the former of which doth shew how the latter is retrained , and not marking the former , to conclude by the latter of them , that simply whatsoever any man at this day doth think true , is by the scripture denied , unless it be there affirmed to be true ? i wonder that a case so weak and feeble hath been so much persisted in . but to come unto those their sentences , wherein matters of action are more apparently touched , the name of tertullian is as before , so here again pretended ; who writing unto his wife two books , and exhorting her in the one to live a widow , in case god before her should take him unto his mercy ; and in the other , if she did marry , yet not to joyn her self to an infidel , as in those times some widows christian had done for the advancement of their estate in this present world ; he urgeth very earnestly s. pauls words , onely in the lord : whereupon he demandeth of them that think they may do the contrary , what scripture they can shew where god hath dispenced and granted license to do against that which the blessed apostle so strictly doth enjoyn ? and because in defence it might perhaps be replied , seeing god doth will that couples which are married when both are infidels , if either party chance to be after converted unto christianity , this should not make separation between them , as long as the unconverted was willing to retain the other on whom the grace of christ had shined ; wherefore then should that let the making of marriage , which doth not dissolve marriage being made ? after great reasons shewed why god doth in converts being married , allow continuance with infidels , and yet disallow that the faithful when they are free should enter into bonds of wedlock with such , concludeth in the end concerning those women that so marry , they that please not the lord , do even thereby offend the lord ; they do even thereby throw themselves into evil ; that is to say , while they please him not by manying in him , they do that whereby they incur his displeasure ; they make an offer of themselves into the service of that enemy with whose servants they link themselves in so near a bond . what one syllable is there in all this , prejudicial any way to that which we hold ? for the words of tertullian as they are by them alledged , are two ways mis-understood ; both in the former part , where that is extended generally to all things in the neuter gender , which he speaketh in the feminine gender of womens persons ; and in the latter , where , received with hurt , is put instead of willful incurring that which is evil . and so in sum , tertullian doth neither mean nor say as is pretended , whatsoever pleaseth not the lord , displeaseth him ; and with hurt it received ; but , those women that please not the lord by their kinde of marrying , do even thereby offend the lord , they do even thereby throw themselves into evil : somewhat more shew there is in a second place of tertullian , which notwithstanding when we have , examined it will be found as the rest are . the roman emperors custom was at certain solemn times to bestow on his souldiers a donative ; which donative they received , wearing garlands upon their heads . there were in the time of the emperors severus and antoninus , many who being souldiers had been converted unto christ , and notwithstanding continued still in that military course of life . in which number , one man there was amongst all the rest , who at such a time coming to the tribune of the army to receive his donative , came but with a garland in his hand , and not in such sort as others did . the tribune offended hereat , demanded what this great singularity would mean : to whom the souldier , christianus sum , i am a christian. many there were so besides him , which yet did otherwise at that time , whereupon grew a question , whether a christian souldier might herein do as the unchristian did , and wear as they wore . many of them which were very sound in christian belief , did rather commend the zeal of this man , then approve his action . tertullian was at the same time a moutanist , and an enemy unto the church for condemning that prophetical spirit , which montanus and his followers did boast they had received ; as it in them christ had performed his last promise ; as if to them he had sent the spirit that should be their perfecter and final instructer in the mysteries of christian truth . which exulceration of mind made him apt to take all occasions of contradiction . wherefore in honour of that action , and to gall their mindes who did not so much commend it , he wrote his book de corona militis , not dissembling the stomach wherewith he wrote it . for the first man he commended as one more constant then the rest of his brethren , who presumed , saith he , that they might well enough serve two lords . afterwards choler somewhat rising within him , he addeth , it doth even remain that they should also devise how to rid themselves of his martyrdom , towards the prophecies of whose holy spirit they have already shewed their disdain . they mutter that their good and long peace it now in hazard . i doubt not but serue of them send the scriptures before , truss up bag and baggage , make themselves in a readiness , that they may fly from city to city ; for that is the only point of the gospel , which they are careful not to forget . i know even their pastors very well what men they are ; in peace lions , harts in time of trouble and fear : now these men , saith tertullian , they must be answered , where do we finde it written in scripture , that a christian man may not wear a garland ● and as mens speeches uttered in heat of distempered affection , have oftentimes much more eagerness then weight ; so he that shall mark the proofs alledge , and the answers to things objected in that book , will now and then perhaps espy the like imbecillity . such is that argument whereby they that wore on their heads garlands , are charged as transgressors of natures law , and guilty of sacriledge against god the lord o : nature inasmuch as flowers in such sort worn , can neither be smelt no● seen well by those that wear them : and god made flowers sweet and beautiful , that being seen and smelt unto , they might so delight . neither doth tertullian bewray this weakness in striking only , but also in repelling their strokes with whom he contendeth . they ask , saith he , what scripture is there which doth teach that we should not be crowned ? and what scripture is there which doth teach that we should ? for in requiring on the contrary part the aid of scripture , they do give sentence beforehand that their part ought also by scripture to be aided : which answer is of no great force . there is no necessity , that if i confess i ought not to do that which the scripture forbiddeth me , i should thereby acknowledge my self bound to do nothing which the scripture commandeth me not . for many inducements beside scripture may lead me to that , which if scripture be against , they all give place , and are of no value ; yet otherwise are strong and effectual perswade . which thing himself well enough understanding , and being not ignorant that scripture in many things doth neither command nor forbid , but use silence ; his resolution in fine , is , that in the church a number of things are strictly observed , whereof no law of scripture maketh mention one way or other ; that of things once received and confirmed by use , long usage is a law sufficient ; that in civil affairs , when there is no other law , custom it self doth stand for law , that inasmuch as law doth stand upon reason , to alledge reason serveth as well as to cite scripture ; that whatsoever is reasonable , the same is lawful , whosoever is the author of it ; that the authority of custom is great , finally , that the custom of christians was then , and had been a long time , not to wear garlands , and therefore that undoubtedly they did offend , who presumed to violate such a custom , by not observing that thing , the very inveterate observation whereof was a law sufficient to binde all men to observe it , unless they could shew some higher law , some law of scripture to the contrary . this presupposed , it may stand then very well with strength and soundness of reason , even thus to answer , whereas they ask what scripture forbiddeth them to wear a garland ? we are in this case rather to demand , what scripture commandeth them ? they cannot here alledge , that that is permitted which is not forbidden them : no , that is forbidden them which is not permitted . for long received custom forbidding them to do as they did ( if so be it did forbid them ) there was no excuse in the world to justifie their act , unless in the scripture they could shew some law that did license them thus to break a received custom . now whereas in all the books of tertullian besides , there is not so much found as in that one , to prove not only that we may do , but that we ought to do sundry things which the scripture commandeth not ; out of that very book these sentences are brought to make us believe that tertullian was of a clean contrary mind . we cannot therefore hereupon yield ; we cannot grant , that hereby is made manifest the argument of scripture negative to be of force , not only in doctrine and ecclesiastical discipline , but even in matters arbitrary . for tertullian doth plainly hold even in that book , that neither the matter which he entreateth of was arbitrary , but necessary , inasmuch as the received custom of the church did tie and binde them not to wear garlands as the heathens did ; yea , and further also he reckoneth up particularly a number of things whereof he expresly concludeth , haram & aliaram ejusmodi disciplinarum si legem expostules scripturarum , nullam invenies ; which is as much as if he had said in express words , many things thereare which concern the discipline of the church , and the duties of men , which to abrogate and take away , the scriptures negatively urged may not in any case perswade us , but they must be observed , yea , although no scripture be found which requireth any such thing . tertullian therefore undoubtedly doth not in this book shew himself to be of the same minde with them , by whom his name is pretended . . but first the sacred scriptures themselves afford oftentimes such arguments as are taken from divine authority both one way and other ; the lord hath commanded , therefore it must be : and again , in like sort , he hath not , therefore it must not be ; some certainty concerning this point seemeth requisite to be set down : god himself can neither possibly err , nor lead into error . for this cause his testimonies , whatsoever he affirmeth , are always truth , and most infallible certainty . yea , further , because the things that proceed from him are perfect without any manner of defect or maim ; it cannot be but that the words of his mouth are absolute , and lack nothing which they should have , for performance of that thing whereunto they tend . whereupon it followeth , that the end being known whereunto he directeth his speech , the argument negatively is evermore strong and forcible , concerning those things that are apparently requisite unto the same end . as for example , god intending to set down sundry times that which in angels is most excellent , hath not any where spoken so highly of them as he hath of our lord and saviour jesus christ ; therefore they are not in dignity equal unto him . it is the apostle s. pauls argument . the purpose of god was to teach his people , both unto whom they should offer sacrifice , and what sacrifice was to be offered . to burn their sons in fire unto baal he did not command them , he spake no such thing , neither came it into his minde : therefore this they ought not to have done . which argument the prophet jeremy useth more then once , as being so effectual and strong , that although the thing he reproveth were not only not commanded , but forbidden them , and that expresly ; yet the prophet chooseth rather to charge them with the fault of making a law unto themselves , than the crime of transgressing a law which god had made . for when the lord had once himself pecisely set down a form of executing that wherein we are to serve him , the fault appeareth greater to do that which we are not , then not to do that which we are commanded . in this we seem to charge the law of god with hardness onely , in that with foolishness ; in this we shew our selves weak and unapt to be doers of his will , in that we take upon us to be controllers of his wisdom : in this we fail to perform the thing which god seeth meet , convenient , and good , in that we presume to see what is meet and convenient better then god himself . in those actions therefore , the whole form whereof god hath of purpose set down to be observed , we may not otherwise do then exactly , as he hath prescribed : in such things negative arguments are strong . again , with a negative argument david is pressed concerning the purpose he had to build a temple unto the lord : thus saith the lord , thou shalt not build me an house to dwell in . wheresoever i have walked with all israel , spake i one word to any of the iudges of israel , whom i commanded to feed my people , saying , why have ye not built me an house ? the jews urged with a negative argument touching the aid which they sought at the hands of the king of egypt ; we to those rebellious children ( saith the lord ) which walk forth to go down into egypt , and have not asked counsel at my mouth , to strengthen themselves with the strength of pharaoh . finally , the league of ioshua with the gibeonites is likewise with a negative argument touched . it was not as it should be : and why ? the lord gave them not that advice : they sought not counsel at the mouth of the lord. by the vertue of which examples , if any man should suppose the force of negative arguments approved , when they are taken from scripture , in such sort as we in this question are pressed therewith , they greatly deceive themselves . for unto which of all these was it said , that they had done amiss in purposing to do , or in doing any thing at all which the scripture commanded them not ? our question is , whether all be sin which is done without direction by scripture , and not , whether the israelites did at any time amiss by following their own mindes , without asking counsel of god. no , it was that peoples singular priviledge , a favour which god vouchsafed them above the rest of the world , that in the affairs of their estate , which were not determinable one way or other by the scripture , himself gave them extraordinary direction and counsel , as oft as they sought it at his hands . thus god did first by speech unto noses , after by urim and thummim unto priests ; lastly , by dreams and visions unto prophets , from whom in such cases they were to receive the answer of god. concerning ioshua therefore , thus spake the lord unto moses saying , he shall stand before eleazer the priest , who shall ask counsel for him by the judgement of urim before the lord : whereof had ioshua been mindeful , the fraud of the gibeonites could not so smoothly have past unespied till there was no help . the jews had prophets to have resolved them from the mouth of god himself whether egyptian aids should profit them , yea , or no : but they thought themselves wise enough , and him unworthy to be of their counsel . in this respect therefore was their reproof , though sharp , yet just , albeit there had been no charge precisely given them that they should always take heed of egypt . but as for david , to think that he did evil in determining to build god a temple , because there was in scripture no commandment that he should build it , were very injurious : the purpose of his heart was religious and godly , the act most worthy of honour and renown ; neither could nathan chuse but admire his vertuous intent , exhort him to go forward , and beseech god to prosper him therein . put god saw the endless troubles which david should be subject unto , during the whole time of his regiment , and therefore gave charge to defer so good a work till the days of tranquillity and peace , wherein it might without interruption be performed . david supposed that it could not stand with the duty which he owed unto god , to set himself in an house of cedar-trees , and to behold the ark of the lords covenant unsetled . this opinion the lord abateth , by causing nathan to shew him plainly , that it should be no more imputed unto him for a fault , then it had been unto the judges of israel before him , his case being the same which theirs was , their times not more unquiet then his , nor more unfit for such an action . wherefore concerning the force of negative arguments so taken from the authority of scripture , as by us they are denied , there is in all this less then nothing . and touching that which unto this purpose is borrowed from the controversies sometimes handled between mr. harding and the worthiest divine that christendom hath bred for the space of some hundreds of years , who being brought up together in one university , it fell out in them which was spoken of two others , a they learned in the same , that which in contrary camps they did practice . of these two the one objecting that with us arguments taken from authority negatively are over common , the bishops answer hereunto is , that this kinde of argument is thought to be good , whensoever proof is taken of gods word ; and is used not onely by in , but also by s. paul , and by many of the catholick fathers , s. paul saith , god said not unto abraham , in thy seeds all the nations of the earth shall be blessed ; but , in thy seed , which is christ ; and thereof he thought he made a good argument . likewise , saith origen , the bread which the lord gave unto his disciples , saying unto them , take and eat , be deferred not , nor commanded to be reserved till the next day . such , arguments origen and other learned fathers thought to stand for good , whatsoever misliking mr. harding hath sound in them . this kinde of proof is thought to hold in gods commandments , for that they be full and perfect : and god hath specially charged us , that we should neither put to them , nor take from them : and therefore it seemeth good unto them that have learned of christ. unus est magister vester christus , and have heard the voice of god the father from heaven , ipsum audite . but unto them that add to the word of god what them listeth , and make gods will subject unto their will , and break gods commandments for their own traditions sake , unto them it seemeth not good . again , the english apologie alledging the example of the greeks , how they have neither private masses , nor mangled sacraments , nor purgatories , nor pardons ; it pleaseth mr. harding to jest out the matter , to use the help of his wits where strength of truth failed him , and to answer with scoffing at negatives . the bishops defence in this case is , the ancient learned fathers having to deal with politick hereticks , that in defence of their errors avouched the judgement of all the old bishops and doctors that had been before them , and the general consent of the primitive and whole universal church , and that with as good regard of truth , and as faithfully as you do now ; the better to discover the shameless boldness , and nakedness of their doctrine , were oftentimes likewise forced to use the negative , and so to drive the same hereticks , as we do you , to prove their affirmatives , which thing to do it was never possible . the ancient father iraeneus thus stayed himself , as we do , by the negative . hoc neq . prophetae praedicaverunt , neque dominus docuit , neque apostoli tradiderunt ; this thing neither did the prophets publish , nor our lord teach , nor the apostles deliver . by a like negative chrysostome saith , this tree neither paul planted , nor apollos watered , nor god increased . in like sort leo saith , what needeth it to believe that thing that neither the law hath taught , nor the prophets have spoken , nor the gospel hath preached , nor the apostles have delivered ? and again , how are the new devices brought in that our fathers never knew ? s. augustine having reckoned up a great number of the bishops of rome , by a general negative saith thus , in all this order of succession of bishops , there is not one bishop found that was a donatist . s. gregory being himself a bishop of rome , and writing against the title of universal bishop , saith thus , none of all my predecessors ever consented to use this ungodly title ; no bishop of rome ever took upon him this name of singularity . by such negatives , mr. harding , we reprove the vanity and novelty of your religion ; we tell you , none of the catholick , ancient , learned father , either greek or latine , ever used either your private mass , or your half communion , or your barbarous unknown prayers . paul never planted them , apollos , never watered them , god never encreased them ; they are of your selves , they are not of god. in all this there is not a syllable which any way crosseth us . for concerning arguments negative taken from humane authority , they are here proved to be in some cases very strong and forcible . they are not in our estimation idle reproofs , when the authors of needless innovations are opposed with such negatives , as that of leo , how are these new devices brought in which our fathers never knew ? when their grave and reverend superiors do reckon up unto them , as augustin did to the donatists , large catalogues of fathers , wondred at for their wisdom piety and learning , amongst whom for so many ages before us , no one did ever so think of the churches affairs , as now the world doth begin to be perswaded ; surely by us they are not taught to take exception hereat , because such arguments are negative . much less when the like are taken from the sacred authority of scripture , if the matter it self do bear them . for in truth the question is not , whether an argument from scripture negatively may be good , but whether it be so generally good , that in all actions men may urge it ? the fathers , i grant , do use very general and large terms , even as hiero the king did in speaking of archimedes , from henceforward whatsoever archimedes speaketh , it must be believed . his meaning was not that archimedes could simply in nothing be deceived , but that he had in such fort approved his skill , that he seemed worthy of credit for ever after in matters appertaining unto the science he was skilful in . in speaking thus largely it is presumed , that mens speeches will be taken according to the matter whereof they speak . let any man therefore that carrieth indifferency of judgement , peruse the bishops speeches , and consider well of those negatives concerning scripture , which he produceth out of irenaeus chrysostome and leo , which three are chosen from among the residue , because the sentences of the others ( even as one of theirs also ) do make for defence of negative argments taken from humane authority , and not from divine onely . they mention no more restraint in the one then in the other : yet i think themselves will not hereby judge , that the fathers took both to be strong , without restraint unto any special kind of matter , wherein they held such argument forcible . nor doth the bishop either say or prove any more , then that an argument in some kinds of matter may be good , although taken negatively from scripture . . an earnest desire to draw all things unto the determination of bare and naked scripture , hath caused here much pains to be taken in abating the estimation and credit of man. which if we labour to maintain as far as truth and reason will bear , let not any think that we travel about a matter not greatly needful . for the scope of all their pleading against mans authority , is to overthrow such orders , laws , and constitutions in the church , as depending thereupon , if they should therefore be taken away , would peradventure leave neither face nor memory of church to continue long in the world , the world especially being such as now it is . that which they have in this case spoken , i would for brevity sake let pass , but that the drist of their speech being so dangerous , then words are not to be neglected . wherefore to say that simply an argument taken from mans authority , doth hold no way , neither affirmatively nor negatively , is hard . by a mans authority we here understand the force which his word hath for the assurance of anothers mind that buildeth upon it ; as the apostle somewhat did upon their report of the house of chloe , and the samaritans in a matter of far greater moment , upon the report of a simple woman . for so it is said in s. iohns gospel , many of the samaritans of that city believed in him for the saying of the woman , which testified , he hath told me all things that ever i did . the strength of mans authority is affirmatively such , that the weightiest affairs in the world depend thereon , in judgement and justice are not hereupon proceedings grounded ? saith not the law , that in the mouth of two or three witnesses every word shall be confirmed ? this the law of god would not say , if there were in a mans testimony no force at all to prove any thing . and if it be admitted that in matter of fact , there is some credit to be given to the testimony of man , but not in matter of opinion and judgment , we see the contrary both acknowledged and universally practised also throughout the world . the sentences of wise and expert men were never but highly esteemed . let the title of a mans right be called in question , are we not bold to relie and build upon the judgement of such as are famous for their skill in the laws of this land ? in matter of state , the weight many times of some one mans authority is thought reason sufficient even to sway over whole nations . and this is not only with the simple sort , but the learneder and wiser we are , the more such arguments in some cases prevail with us . the reason why the simpler sort are moved with authority , is the conscience of their own ignorance ; whereby it cometh to pass , that having learned men in admiration , they rather fear to dislike them , then know wherefore , they should allow and follow their judgements . contrariwise with them that are skilful , authority is much more strong and forcible ; because they only are able to discern how just cause there is why to some mens authority , so much should be attributed . for which cause the name of hippocrates ( no doubt ) were more effectual to perswade even such men as galen himself , then to move a silly emperick . so that the very self-same argument in this kind which doth but induce the vulgar sort to like , may constrain the wiser to yield . and therefore not orators only with the people , but even the very profoundest disputers in all faculties have hereby often with the best learned prevailed most . as for arguments taken from humane authority , and that negatively , for example sake , if we should think the assembling of the people of god together by the sound of a bell , the presenting of infants at the holy font , by such as we commonly call their godfathers , or any other the like received custom to be impious , because some men of whom we think very reverently , have in their books and writings no where mentioned or taught that such things should be in the church , this reasoning were subject unto just reproof ; it were but feeble , weak , and unsound . notwithstanding even negatively an argument from humane authority may be strong ; as namely thus : the chronicles of england mention no more then only six kings bearing the name of edward , since the time of the last conquest ; therefore it cannot be there should be more . so that if the question be of the authority of a mans testimony , we cannot simply avouch , either that affirmatively , it doth not any way hold , or that it hath only force to induce the simpler sort , and not to constrain men of understanding and ripe judgement to yield assent , or that negatively it hath in it no strength at all . for unto every of these the contrary of most plain . neither doth that which is alledged concerning the infirmity of men , overthrow or disprove this . men are blinded with ignorance and error ; many things escape them , and in many things they may be deceived ; yea , those things which they do know , they may either forget , or upon sundry indirect considerations let pass , and although themselves do not erre , yet may they through malice or vanity , even of purpose deceive others . howbeit , infinite cases there are wherein all these impediments and lets are so manifestly excluded , that there is no shew or colour whereby any such exception may be taken , but that the testimony of man will stand as a ground of infallible assurance . that there is a city of rome , that pins quintus and gregory the thirteenth , and others have been popes of rome , i suppose we are certainly enough perswaded . the ground of our perswasion , who never saw the place nor persons before named , can be nothing but mans testimony . will any man here notwithstanding alledge those mentioned humane infirmities as reasons , why these things should be mistrusted or doubted of ? yea , that which is more , utterly to infringe the force and strength of mans testimony , were to shake the very fortress of gods truth . for whatsoever we believe concerning salvation by christ , although the scripture be therein the ground of our belief , yet the authority of man is , if we mark it , the key which openeth the door of entrance into the knowledge of the scripture . the scripture doth not teach us the things that are of god , unless we did credit men who have taught us that the words of scripture do signifie those things . some way therefore , notwithstanding mans infirmity , yet his authority may inforce assent . upon better advice and deliberation so much is perceived , and at the length confest , that arguments taken from the authority of men , may not only so far forth as hath been declared , but further also be of some force in humane sciences ; which force be it never so small , doth shew that they are not utterly naught . but in matters divine it is still maintained stifly that they have no manner force at all . howbeit , the very self same reason , which causeth to yield that they are of some force in the one , will at the length constrain also to acknowledge that they are not in the other altogether unforcible . for it the natural strength of mans wit may by experience and stucie attain unto such ripeness in the knowledge of things humane , that men in this respect may presume to build somewhat upon their judgement ; what reason have we to think but that even in matters divine , the like wits furnisht with necessary helps , exercised in scripture with like diligence , and assisted with the grace of almighty god , may grow unto so much perfection of knowledge , that men shall have just cause , when any thing pertinent unto faith and religion is doubted of , the more willingly to encline their mindes towards that which the sentence of so grave , wise , and learned in that faculty shall judge most sound ? for the controversie is of the weight of such mens judgements . let it therefore be suspected , let it be taken as gross , corrupt , repugnant unto the truth , whatsoever concerning things divine above nature shall at any time be spoken as out of the mouths of meer natural men , which have not the eyes wherewith heavenly things are discerned : for this we contend not . but whom god hath endued with principal gifts to aspire unto knowledge by ; whose exercises , labours , and divine studies he hath so blest , that the world for their great and rate skill that way hath them in singular admiration ; may we reject even their judgement likewise , as being utterly of no moment ? for mine own part , i dare not so lightly esteem of the church , and of the principal pillars therein . the truth is , that the minde of man desireth evermore to know the truth , according to the most infallible certainty which the nature of things can yield . the greatest assurance generally with all men , is that which we have by plain aspect and intuitive beholding . where we cannot attain unto this there● what appeareth to be true , by strong and invincible demonstration , such as wherein it is not by any way possible to be deceived , thereunto the minde doth necessarily assent , neither is it in the choice thereof to do otherwise . and in case these both do fail , then which way greatest probability leadeth , thither the minde doth evermore incline . scripture with christian men being received as the word of god ; that for which we have probable , yea , that which we have necessary reason for , yea , that which we see with out eyes , is not thought so sure as that which the scripture of god teacheth ; because we hold that his speech revealeth there what himself seeth , and therefore the strongest proof of all , and the most necessarily assented unto by us ( which do thus receive the scripture ) is the scripture . now it is not required , nor can be exacted at our hands , that we should yield unto any thing other assent , then such as doth answer the evidence which is to be had of that we assent unto . for which cause even in matters divine , concerning some things we may lawfuly doubt and suspend our judgement , enclining neither to one side or other ; as namely , touching the time of the fall both of man and angels ; of some things we may very well retain an opinion that they are probable and not unlikely to be true , as when we hold that men have their souls rather by creation then propagation , or that the mother of our lord lived always in the state of virginity as well after his birth as before ( for of these two , the one , her virginity before , is a thing which of necessity we must believe ; the other , her continuance in the same state always , hath more likelihood of truth then the contrary ; ) finally , in all things then are our consciences best resolved , and in a most agreeable sore unto god and nature setled , when they are so far perswaded as those grounds of ●erswasion which are to be had will bear . which thing i do so much the rather set down , for that i see how a number of souls are , for want of right information in this point , oftentimes grievously vexed . when bare and unbuilded conclusions are put into their mindes , they finding not themselves to have thereof any great certainty , imagine that this proceedeth only from lack of faith , and that the spirit god doth not work in them , as it doth in true believers ; by this means their hearts are much troubled , they fall into anquish and perplexity : whereas the truth is , that how bold and confident soever we may be in words , when it cometh to the point of trial , such as the evidence is , which the truth hath either in it self , or through proof , such is the hearts assent thereunto ; neither can it be stronger , being grounded as it should be . i grant that proof derived from the authority of mans judgement , is not able to work that assurance which doth grow by a stronger proof ; and therefore although ten thousand general councils would set down one and the same definitive sentence concerning any point of religion whatsoever , yet one demonstrative reason alledged , or one manifest testimony cited from the mouth of god himself to the contrary , could not choose but over-weigh them all ; inasmuch as for them to have been deceived , it is not impossible ; it is , that demonstrative reason or testimony divine should deceive . howbeit , in defect of proof infallible , because the minde doth rather follow probable perswasions , then approve the things that have in them no likelihood of truth at all ; surely if a question concerning matter of doctrine were proposed , and on the one side no kinde of proof appearing , there should on the other be alledged and shewed that so a number of the learnedest divines in the world have ever thought ; although it did not appear what reason or what scripture led them to be of that judgement , yet to their very bare judgement somewhat a reasonable man would attribute , notwithstanding the common imbecillities which are incident unto our nature . and whereas it is thought , that especially with the church , and those that are called , and perswaded of the authority of the word of god , mans authority with them especially should not prevail ; it must and doth prevail even with them , yea , with them especially as far as equity requireth , and farther we maintain it not . for men to be tied and led by authority , as it were with a kind of captivity of judgement , and though there be reason to the contrary not to listen unto it , but to follow like beasts the first in the herd , they know not , nor care not whither , this were brutish . again , that authority of men should prevail with men either against or above reason , is no part of our belief . companies of learned men , be they never so great and reverend are to yield unto reason , the weight whereof is no whit prejudiced by the simplicity of his person which doth alledge it , but being found to be sound and good , the bare opinion of men to the contrary , must of necessity stoop and give place . irenaeus writing against marcion , which held one god author of the old-testament , and another of the new ; to prove that the apostles preached the same god which was known before to the jews , he copiously alledgeth sundry their sermons and speeches uttered concerning that matter , and recorded in scripture . and lest any should be wearied with such store of allegations , in the end he concludeth , . while we labour for these demonstrations out of scripture , and do summarily , declare the things which many ways have been spoken , be contented quietly to hear , and do not think my speech redious : quoniam oftensiones quae sunt in scripturis , non possunt oftendi nisi ex ipsis scripturis ; because demonstrations that art in scripture may not otherwise be shewed , then by citing them out of the scriptures themselves where they are . which words make so little unto the purpose , that they seem , as it were offended at him which hath called them thus solemnly forth to say nothing . and concerning the verdict of s. ierome , if no man , be he never so well learned , have after the apostles authority to publish new doctrine as from heaven , and to require the worlds assent as unto truth received by prophetical revelation ; doth this prejudice the credit of learned mens judgements in opening that truth , which by being conversant in the apostles writings , they have themselves from thence learned ? s. a●gustine exhorteth not to hear men , but to hearken what god speaketh . his purpose is not ( i think ) that was we should stop our ears against his own exhortation , and therefore he cannot mean simply that audience should altogether be denied unto men ; but either that if men speak one thing , and god himself teach another , then he , not they , to be obeyed ; or if they both speak the same thing , yet then also mans speech unworthy of hearing , not simply , but in comparison of that which proceedeth from the mouth of god. yea , but we doubt what the will of god is . are we in this case forbidden to hear what men of judgement think it to be ? if not , then this allegation also might very well have been spared . in that ancient strife which was between the catholick fathers and arrians , donatists , and others , of like perverse and froward disposition , as long as to fathers or councils alledged on the one side , the like by the contrary side were opposed , impossible it was that ever the question should by this mean grow unto any issue or end . the scripture they both believed ; the scripture they knew could not give sentence on both sides ; by scripture the controversie between them was such as might be determined . in this case what madness was it with such kindes of proofs to nourish their contention , when there were such effectual means to end all controversie that was between them ? hereby therefore it doth not as yet appear that an argument of authority of man affirmatively , is in matters divine nothing worth . which opinion being once inserted into the mindes of the vulgar sort , what it may grow unto god knoweth . thus much we see , it hath already made thousands so headstrong , even in gross and palpable errors , that a man whose capacity will scarce serve him to utter five words in sensible manner , blusheth not in any doubt concerning matter of scripture to think his own bare yea , as good as the nay of all the wise , grave and learned judgements that are in the whole world : which insolency must be represt , or it will be the very bane of christian religion . our lords disciples marking what speech he uttered unto them , and at the same time calling to minde a common opinion held by the scribes , between which opinion and the words of their master , it seemed unto them that there was some contradiction , which they could not themselves answer , with full satisfaction of their own mindes ; the doubt they propose to our saviour , saying , why then say the scribes that elias must first come ? they knew that the scribes did err greatly , and that many ways even in matters of their own profession . they notwithstanding thought the judgement of the very scribes in matters divine to be of some value ; some probability they thought there was that elias should come , inasmuch as the scribes said it . now no truth can contradict any truth ; desirous therefore they were to be taught , how both might stand together ; that which they knew could not be false , because christ spake it ; and this which to them did seen true , only because the scribes had said it . for the scripture from whence the scribes did gather it , w● not then in their heads . we do not finde that our saviour reproved them of error , for thinking the judgement of the scribes to be worth the objecting , for esteeming it to be of any moment or value , in matters concerning god. we cannot therefore be perswaded that the will of god is , we should so far reject the authority of men , as to reckon it nothing . no , it may be a question , whether they that urge us unto this be themselves so perswaded indeed . men do sometimes bewray that by deeds , which to confess they are hardly drawn . mark then if this be not general with all men for the most part . when the judgements of learned men are alledged against them , what do they but either elevate their credit , or oppose unto them the judgements of others as learned ? which thing doth argue that all men acknowledge in them some force and weight , for which they are loth the cause they maintain should be so much weakned , as their testimony is available . again , what reason is there why alledging testimonies as proofs , men give them some title of credit , honour and estimation whom they alledge , unless beforehand it be sufficiently known who they are ? what reason hereof but onely a common engrafted perswasion , that in some men there may be found such qualities as are able to countervail those exceptions which might be taken against them , and that such mens authority is not lightly to be shaken off ? shall i add further , that the force of arguments drawn from the authority of scripture it self , as scriptures commonly are alledged , shall ( being sifted ) be ●ound to depend upon the strength of this so much despised and debased authority of man ? surely it doth , and that oftner then we are aware of . for although scripture be of god , and therefore the proof which is taken from thence , must needs be of all other most invincible ; yet this strength at hath not , unless it avouch the self-same thing , for which it is brought . if there be either undeniable apparence that so it doth , or reason such as cannot deceive , then scripture-proof ( no doubt ) in strength and value exceedeth all . but for the most part , even such as are readiest to cite for one thing five hundred sentences of holy scripture ; what warrant have they , that any one of them doth mean the thing for which it is alledged ? is not their surest ground most commonly , either some probable conjecture of their own , or the judgment of others taking those scriptures as they do ? which notwithstanding to mean otherwise then they take them , it is not still altogether impossible . so that now and then they ground themselves on humane authority , even when they most pretend divine . thus it fareth even clean throughout the whole controversie about that discipline which is so earnestly urged and labored for . scriptures are plentifully alledged to prove that the whole christian world for ever ought to embrace it . hereupon men term it , the discipline of god. howbeit , examine , sist , and resolve their alledged proofs , till you come to the very root from whence they spring , the heart wherein their strength lieth ; and it shall clearly appear unto any man of judgment , that the most which can be inferred upon such plenty of divine testimonies is onely this , that some things which they maintain as far as some men can probably conjecture , do seem to have been out of scripture not absurdly gathered . is this a warrant sufficient for any mans conscience to build such proceedings upon , as have been , and are put in ure for the establishment of that cause ? but to conclude , i would gladly understand how it cometh to pass , that they which so peremptorily do maintain that humane authority is nothing worth , are in the cause which they favor so careful to have the common sort of men perswaded , that the wisest , the godliest , and the best learned in all christendom are that way given , seeing they judge this to make nothing in the world for them ? again , how cometh it to pass , they cannot abide that authority should be alledged on the other side , if there be no force at all in authorities on one side or other ? wherefore labor they to strip their adversaries of such furniture as doth not help ? why take they such needless pains to furnish also their own cause with the like ? if it be void and to no purpose , that the names of men are so frequent in their books , what did move them to bring them in , or doth to suffer them there remaining ? ignorant i am not how this is salved , they do it but after the truth made manifest , first by reason , or by scripture : they do it not , but to controul the enemies of truth , who bear themselves bold upon humane authority , making not for them , but against them rather . which answers are nothing : for in what place , or upon what consideration soever it be they do it , were it in their own opinion of no force being done , they would undoubtedly refrain to do it . . but to the end it may more plainly appear , what we are to judge of their sentences , and of the cause it self wherein they are alledged ; first , it may not well be denied , that all actions of men endued with the use of reason , are generally either good or evil . for although it be granted , that no action is properly termed good or evil , unless it be voluntarily ; yet this can be no let to our former assertion , that all actions of men endued with the use of reason , are generally either good or evil ; because even those things are done voluntarily by us , which other creatures do naturally , in as much as we might stay our doing of them if we would . beasts naturally do take their food and rest , when it offereth it self unto them . if men did so too , and could not do otherwise of themselves , there were no place for any such reproof as that of our saviour christ unto his disciples , could ye not watch with me one hour ? that which is voluntarily performed in things tending to the end , if it be well done , must needs be done with deliberate consideration of some reasonable cause , wherefore we rather should do it then not . whereupon it seemeth , that in such actions onely those are said to be good or evil , which are capable of deliberation : so that many things being hourly done by men , wherein they need nor use with themselves any manner of consultation at all , it may perhaps hereby seem that well or ill doing belongeth onely to our weightier affairs , and to those deeds which are of so great importance that they require advice . but thus to determine were perillous , and peradventure un●ound also . i do rather incline to think , that seeing all the unforced actions of men are voluntary ; and all voluntary actions tending to the end have choice ; and all choice presupposeth the knowledge of some cause wherefore we make it ; where the reasonable cause of such actions so readily offereth it self , that it needeth not be sought for ; in those things though we do not deliberate , yet they are of their nature apt to be deliberated on , in regard of the will which may encline either way , and would not any one way bend it self , if there were not some apparent motive to lead it . deliberation actual we use , when there is doubt what we should encline our wills unto . where no doubt is , deliberation is not excluded as unpertinent unto the thing , but as needless in regard of the agent , which seeth already what to resolve upon . it hath no apparent absurdity therefore in it to think , that all actions of men endued with the use of reason , are generally either good or evil . whatsoever is good , the same is also approved of god ; and according unto the sundry degrees of goodness , the kinds of divine approbation are in like sort multiplied . some things are good , yet in so mean a degree of goodness , that men are onely not disproved nor disallowed of god for them . no man hateth his own flesh . if ye do good unto them that do so to you , the very publicans themselves do as much : they are worse then infidels that have no care to provide for their own . in actions of this sort , the very light of nature alone may discover that which is so farre forth in the sight of god allowable . some things in such sort are allowed , that they be also required as necessary unto salvation , by way of direct , immediate and proper necessity final ; so that without performance of them we cannot by ordinary course be saved , nor by any means be excluded from life observing them . in actions of this kind our chiefest direction is from scripture ; for nature is no sufficient teacher what we should do that we may attain unto life everlasting . the unsufficiency of the light of nature , is by the light of scripture so fully and so perfectly herein supplied , that further light then this hath added , there doth not need unto that end . finally , some things although not so required of necessity , that to leave them undone excludeth from salvation , are notwithstanding of so great dignity and acceptation with god , that most ample reward in heaven is laid up for them . hereof we have no commandment either in nature or scripture which doth exact them at our hands ; yet those motives these are in both , which draw most effectually our minds unto them : in this kind there is not the least action , but it doth somewhat make to the accessory augmentation of our bliss . for which cause our saviour doth plainly witness , that there shall not be as much as a cup of cold water bestowed for his sake without reward . hereupon dependeth whatsoever difference there is between the states of saints in glory : hither we refer whatsoever belongeth unto the highest perfection of man by way of service towards god : hereunto that servour and first love of christians did bend it self , causing them to sell their possessions , and lay down the price at the blessed apostles feet . hereat s. paul undoubtedly did aim , in so far abridging his own liberty ; and exceeding that which the bond of necessary and enjoyned duty tied him unto . wherefore seeing that in all these several kinds of actions , there can be nothing possibly evil which god approveth ; and that he approveth much more then he doth command ; and that his very commandments in some kinde , as namely , his pr●cepts comprehended in the law of nature , may be otherwise known the● onely by scripture ; and that to do them , howsoever we know them , must needs he acceptable in his sight : let them with whom we have hitherto disputee , consider well , how it can stand with reason to make the bare mandate of sacred scripture the onely rule of all good and evil in the actions of mortal men . the testimonies of god are true , the testimonies of god are perfect , the testimonies of god are all-sufficient unto that end for which they were given . therefore accordingly we do receive them , we do not think that in them god hath omitted any thing needful unto his purpose , and left his intent to be accomplished by our devisings . what the scripture purposeth , the same in all points it doth perform . howbeit , that here we swerve not in judgement , one thing especially we must observe , namely , that the absolute perfection of scripture is seen by relation unto that end whereto it tendeth . and even hereby it cometh to pass , the first such as imagine the general and main drift of the body of sacred scripture not to be so large as it is , nor that god did thereby intend to deliver , as in truth he doth , a full instruction in all things unto salvation necessary , the knowledge whereof man by nature could not otherwise in this life attain unto : they are by this very mean induced , either still to look for new revelations from heaven , or else dangerously to add to the word of god uncertain tradition , that so the doctrine of mans salvation may be compleat ; which doctrine we constantly hold in all respects without any such thing added to be so compleat , that we utterly refuse as much as once to acquaint our selves with any thing further . whatsoever , to make up the doctrine of mans salvation , is added as in supply of the scriptures unsufficiency , we reject it : scripture purposing this , hath perfectly and fully done it . again , the scope and purpose of god in delivering the holy scripture , such as do take more largely then behoveth , they on the contrary side racking and stretching it further then by him was meant , are drawn into sundry as great inconveniences . these pretending the scriptures perfection , infer thereupon , that in scripture all things lawful to be done must needs be contained . we count those things perfect which want nothing requisite for the end whereto they were instituted : as therefore god created every part and particle of man exactly perfect , that is to say , in all points sufficient unto that use for which he appointed it ; so the scripture , yea , every sentence thereof is perfect , and wanteth nothing requisite unto that purpose for which god delivered the same . so that if hereupon we conclude , that because the scripture is perfect , therefore all things lawful to be done are comprehended in the scripture ; we may even as well conclude so of every sentence , as of the whole sum and body thereof , unless we first of all prove that it was the drift , scope and purpose of almighty god in holy scripture , to comprize all things which man may practise . but admit this , and mark , i beseech you , what would follow . god in delivering scripture to his church , should clean have abrogated amongst them the law of nature , which is an infallible knowledge imprinted in the minds of all the children of men , whereby both general principles for directing of humane actions are comprehended , and conclusions derived from them ; upon which conclusions groweth in particularity the choice of good and evil in the daily affairs of this life . admit this , and what shall the scripture be but a snare and a torment to weak consciences , filling them with infinite perplexities , scrupulosities , doubts insoluble , and extreme despairs ? not that the scripture it self doth cause any such thing ( for it tendeth to the clean contrary , and the fruit thereof is resolute assurance and certainty in that it teacheth : ) but the necessities of this life urging men to do that which the light of nature , common discretion , and judgement of it self directeth them unto ; on the other side , this doctrine teaching them that so to do were so sin against their own souls , and that they put forth their hands to iniquity , whatsoever they go about , and have not first the sacred scripture of god for direction ; how can it chuse but bring the simple a thousand times to their wits end , how can it chuse but vex and amaze them ? for in every action of common life to since out some se●tence clearly and infallibly setting before our eyes what we ought to do ( seem we in scripture never so expert ) would trouble us more then we are aware . in weak and tender minds we little know what misery this strict opinion would breed , besides the stops it would make in the whole course of all mens lives and actions ; make all things sin which we do by direction of natures light , and by the rule of common discretion without thinking at all upon scripture . admit this position , and parents shall cause their children to sin , as oft as they cause them to do any thing before they come to years of capacity and be ripe for knowledge in the scripture . admit this , and it shall not be with masters as it was with him him in the gospel ; but servants being commanded to go , shall stand still , till they have errand warranted unto them by scripture . which as it standeth with christian duty in some cases , so in common affairs to require it , were most unfit . two opinions therefore there are concerning sufficiency of holy scripture , each extreamly opposit unto the other , and both repugnant unto truth . the schools of rome teach scripture to be unsufficient , as if , except traditions were added , it did not contain all revealed and supernatural truth , which absolutely is necessary for the children of men in this life to know , that they may in the next be saved . others justly condemning this opinion , grow likewise unto a dangerous extremity , as if scripture did not only contain all things in that kinde necessary , but all things simply , and in such sort , that to do any thing according to any other law , were not only unnecessary , but even opposite unto salvation , unlawful and sinful . whatsoever is spoken of god , or things appertaining to god , otherwise then as the truth is , though it seem an honour , it is an injury . and as incredible praises given unto men , do often abate and impair the credit of their deserved commendation ; so we must likewise take great heed , lest in attributing unto scripture more then it can have , the incredibility of that , do cause even those things which indeed it hath most abundantly , to be less reverendly esteemed . i therefore leave it to themselves to consider , whether they have in this first point overshot themselves , or not ; which , god doth know , is quickly done , even when our meaning is most sincere , as i am verily perswaded , theirs in this case was . of the laws of ecclesiastical polity . book iii. concerning their second assertion , that in scripture there must be of necessity contained a form of church polity , the laws whereof may in no wise be altered . the matter contained in this third book . . what the church is , and in what respect laws of polity are thereunto necessarily required . . whether it be necessary that some particular form of church polity be set down in scripture , sith the things that belong particularly to any such form are not of necessity to salvation . . that matters of church polity are different from matters of faith and salvation , and that they themselves so teach , which are out reprovers for so teaching . . that hereby we take not from scripture any thing , which thereunto with the soundness of truth may be given . . their meaning who first urged against the polity of the church of england , that nothing ought to be established in the church more then is commanded by the word of god. . how great injury men by so thinking should offer unto all the churches of god. . a shift notwithstanding to maintain it , by interpreting commanded , as though it were meant that greater things onely ought to be found set down in scripture particularly , and lesser framed by the general rules of scripture . . another device to defend the same , by expounding commanded , as if it did signifie grounded as scripture , and were opposed to things sound out by the light of natural reason onely . . how laws for the polity of the church may be made by the advise of men , and how those being nor repugnant to the word of god , are approved in his sight . . the neither gods being the author of laws , nor yet his committing of them to scripture , is any reason sufficient to prove that they admit no addition or change . . whether christ must needs intend laws unchangeable altogether , or have forbidden any where to make any other law then himself did deliver . albeit the substance of those controversies whereinto we have begun to wade , be rather of outward things appertaining to the church of christ , then of any thing wherein the nature and being of the church consisteth : yet because the subject or matter which this position concerneth , is , a forms of church government , or church-polity ; it therefore behoveth us so far forth to consider the nature of the church , as is requisite for mens more clear and plain understanding , in what respect laws of polity or government are necessary thereunto . that church of christ , which we properly term his body mystical , can be but one ; neither can that one be sensibly discerned by any man , inasmuch as the parts thereof are some in heaven already with christ , and the rest that are on earth ( albeit their natural persons be visible ) we do not discern under this property whereby they are truly and infallibly of that body . only our minds by intellectual conceit are able to apprehend , that such a real body there is , a body collective , because it containeth an huge multitude ; a body mystical , because the mystery of their conjunction is removed altogether from sense . whatsoever we read in scripture , concerning the endless love , and the saving mercy , which god sheweth towards his church , the only proper subject thereof is this church . concerning this flock it is that our lord and saviour hath promised , i give unto them eternal life , and they shall never perish , neither shall any pluck them out of my hands . they who are of this society have such marks and notes of distinction from all others , as are not objects unto our sense ; only unto god who seeth their hearts , and understandeth all their secret cogitations , unto him they are clear and manifest . all men knew nathaniel to be an israelite . but our saviour piercing deeper , giveth further testimony of him then men could have done with such certainty as he did , behold indeed an israelite , in whom there is no guile . if we profess as peter did , that we love the lord , and profess it in the hearing of men ; charity is prone to believe all things , and therefore charitablemen are likely to think we do so , as long as they see no proof to the contrary . but that our love is sound and sincere , that it cometh from a pure heart , a good conscience , and a faith unfeigned , who can pronounce , saving only the searcher of all mens hearts , who alone intuitively doth known in this kind who are his ? and as those everlasting promises of love , mercy , and blessedness , belong to the mystical church ; even so on the other side , when we read of any duty which the church of god is bound unto , the church whom this doth concern is a sensible known company . and this visible church in like sort is but one , continued from the first beginning of the world to the last end . which company being divided into two moyeties , the one before the other since the coming of christ , that part which since the coming of christ , partly hath embraced , and partly shall hereafter embrace the christian religion , we term as by a more proper name the church of christ. and therefore the apostle affirmeth plainly of all men christian , that be they jew or gentiles , bond or free , they are all incorporated into one company , they all make but ( a ) one body . the unity of which visible body and church of christ , consisteth in that uniformity which all several persons thereunto belonging have , by reason of that one lord , whose servants they all profess themselves ; that one faith which they all acknowledge , that one baptism , wherewith they are all initiated . the visible church of jesus christ is therefore one , in outward profession of those things which supernaturally appertain to the very essence of christianity , and are necessarily required in every particular christian man. let all the house of israel know for certainty , saith peter , that god hath made him both lord and christ , even this iesus whom ye have crucified . christians therefore they are not , which call not him their master and lord. and from hence it came , that first at antioch , and afterward throughout the whole world , all that were of the church visible were called christians , even amongst the heathen : which name unto them was precious and glorious ; but in the estimation of the rest of the world , even christ jesus himself was ( b execrable , for whose sake all men were so likewise which did acknowledge him to be their lord. this himself did foresee , and therefore armed his church to the end they might sustain it without discomfort . all these things they will do unto you for my names sake ; yea , the time shall come , that whosoever killeth you will think that he doth god good service . these things i tell you , that when the hour shall come ye may then call to minde how i told you before-hand of them . but our naming of jesus christ the lord is not enough to prove us christians , unless we also embrace that faith which christ hath published unto the world. to shew that the angel of pergamus continued in christianity , behold how the spirit of christ speaketh , thou keepest my name , and thou hast not denied my faith. concerning which faith , the rule thereof , saith tertullian , is one alone , immoveable , and no way possible to be better framed anew . what rule that is he sheweth by rehearsing those few articles of christian belief . and before tertullian , irency ; the church though scattered through the whole world , unto the uttermost borders of the earth , hath from the apostles and their disciples received belief . the parts of which belief , he also reciteth in substance the very same with tertullian , and thereupon inferreth , this faith the church being spread far and wide , preserveth as if one house did contain them : these things it equally embraceth , as though it had even one soul , one heart , and no more : it publisheth , teacheth , and delivereth these things with uniform consent , as if god had given it lut one onely tongue wherewith to speak . he which amongst the guides of the church is best able to speak , uttereth no more then this ; and less then this , the most simple do not utter , when they make profession of their faith. now although we know the christian faith , and allow of it , yet in this respect we are but entring ; entred we are not into the visible church , before our admittance by the door of baptism . wherefore immediately upon the acknowledgment of christian faith , the eunuch ( we see , was baptized by philip , paul by ananias , by peter a huge multitude containing three thousand souls ; which being once baptized , were reckoned in the number of souls added to the visible church . as for those vertues that belong unto moral righteousness , and honesty of life , we do not mention them , because they are not proper unto christian men , as they are christian , but do concern them as they are men. true it is , the want of these vertues excludeth from salvation . so doth much more the absence of inward belief of heart ; so doth despair and lack of hope ; so emptiness of christian love and charity . but we speak now of the visible church , whose children are signed with this mark , one lord , one faith , one baptism . in whomsoever these things are , the church doth acknowledge them for her children ; them onely she holdeth for aliens and strangers , in whom these things are not found . for want of these it is , that saracens , jews , and infidels , are excluded out of the bounds of the church : others we may not deny to be of the visible church , as long as these things are not wanting in them . for apparent it is , that all men are of necessity either christians , or not christians . if by external profession they be christians , then are they of the visible church of christ ; and christians by external profession they are all , whose mark of recognisance hath in it those things which we have mentioned , yea , although they be impious idolaters , wicked hereticks , persons excommunicable , yea , and cast out for notorious improbity . such withal we deny not to be the imps and limbs of satan , even as long as they continue such . is it then possible , that the self-same men should belong both to the synagogue of satan , and to the church of jesus christ ? unto that church which is his mystical body , not possible● because that body consisteth of none but onely true israelites , true sons of abraham , true servants and saints of god. howbeit of the visible body and church of jesus christ , those may be , and oftentimes are , in respect of the main parts of their outward profession , who inregard of their inward disposition of minde , yea , of external conversation , yea , even of some parts of their very profession , are most worthily both hateful in the sight of god himself , and in the eyes of the sounder part of the visible church , most execrable . our saviour therefore compareth the kingdom of heaven to a net , whereunto all which cometh , neither is , nor seemeth fish : his church he compareth unto a field , where tares manifestly known end seen by all men , do grow intermingled with good corn ; and even so shall continue till the final consummation of the world. god hath had ever , and ever shall have some church visible upon earth . when the people of god whorshipped the calf in the wilderness ; when they adored the brazen serpent ; when they served the gods of nations ; when they bowed their knees to baal ; when they burnt incense and offered sacrifice unto idols : true it is , the wrath of god was most fiercely inflamed against them , their prophets justly condemned them , as an adulterous seed and a wicked generation of miscreants , which had forsaken the living god ; and of him were likewise forsaken , in respect of that singular mercy wherewith he kindly and lovingly embraceth his faithful children . howbeit retaining the law of god , and the holy seal of his covenant , the sheep of his visible flock they continued even in the depth of their disobedience and rebellion . wherefore not onely amongst them god always had his church , because he had thousands which never bowed their knees to baal ; but whose knees were bowed unto baal , even they were also of the visible church of god. nor did the prophet so complain , as if that church had been quite and clean extinguished ; but he took it as though there had not been remaining in the world any besides himself , that carcied a true and an upright heart towards god , with care to serve him according unto his holy will , for lack of diligent observing the difference , first , between the church of god , mystical and visible , then between the visible sound and corrupted , sometimes more , sometimes less ; the oversights are neither few nor light , that have been committed . this deceiveth them , and nothing else , who think that in the time of the first world , the family of noah did contain all that were of the visible church of god. from hence it grew , and from no other cause in the world , that the affrican bishops in the council of carthage , knowing how the administration of baptism belongeth onely to the church of christ ; and supposing that hereticks , which were apparently severed from the sound believing church , could not possibly be of the church of jesus christ ; thought it utterly against reason , that baptism administred by men of co●●upt belief , should be accounted as a sacrament . and therefore in maintenance of rebaptization , their arguments are built upon the sore-alledged ground , that hereticks are not at all any part of the church of christ. our saviour founded his church on a rock , and not upon heresie ; power of baptizing he gave to his apostles , unto hereticks he gave it not . wherefore they that are without the church , and oppose themselves against christ , do but scatter his sheep and flock . without the church , baptize they cannot . again , are hereticks christians , or are they not ? if they be christians , wherefore remain they not in gods church ? if they be no christians , how make they christians ? or to what purpose shall those words of the lord serve ? he which is not with me , is against me : and , he which gathereth not with me , scaltereth . wherefore evident it is , that upon misbegotten children , and the brood of antichrist , without rebaptization the holy ghost cannot descend . but none in this case so earnest as cyprian : i know no baptism but one , and that in church onely ; none without the church , where he that doth cast out the devil , hath the devil : he doth examine about belief , whose lips and words do breathe forth a canker : the faithless doth offer the articles of faith , a wicked creature forgiveth wickedness ; in the name of christ , antichrist signeth ; he which is cursed of god , blesseth ; a dead carrion promiseth life ; a man unpeaceable , giveth peace ; a blasphemer calleth upon the name of god ; a prophane person doth exercise priesthood ; a sacrilegious wretch doth prepare the altar ; and in the neck of all these that evil also cometh , the eucharist , a very bishop of the devil doth presume to consecrate . all this was true , but not sufficient to prove , that hereticks were in no sort any part of the visible church of christ , and consequently their baptism no baptism . this opinion therefore was afterwards both condemned by a better advised council , and also revoked by the chiefest of the authors thereof themselves . what is it but onely the self-same error and misconceit , wherewith others being at this day likewise possest ; they ask us where our church did lurk , in what cave of the earth it slept for so many hundreds of years together ; before the bath of martin luther ? as if we were of opinion , that luther did erect a new church of christ. no , the church of christ which was from the beginning , is , and continueth unto the end . of which church , all parts have not been always equally sincere and sound . in the days of abia , it plainly appeareth , that iudah was by many degrees more free from pollution then israel , as that solemn oration sheweth ; wherein he pleadeth for the one against the other in this wise . o ieroboam , and all israel , hear you me : have ye not driven away the priests of the lord , the sons of aaron , and the levites , and have made you priests like the people of nations ? whosoever cometh to consecrate with a young bullock , and seven rams , the same may be a priest of them that are no gods . but we belong unto the lord our god , and have not forsaken him ; and the priests the sons of aaron minister unto the lord every morning , and every evening , burnt-offerings , and sweet incense ; and the bread is set in order upon the pure table , and the candlestick of gold with the lamps thereof , to burn every evening ; for we keep the watch of the lord o●r god , but ye have for saken him . in st. pauls time , the integrity of rome was famous ; corinth many ways reproved ; they of galatia much more out of square . in st. iohns time , ephesus and smyrna in far better state then thyatira and pergamus were . we hope therefore , that to reform our selves , if at any time we have done amiss , is not to sever our selves from the church we were of before . in the church we were , and we are so still . other diffcrence between our estate before and now , we know none , but onely such as we see in iudah ; which having sometime been idolatrous , became afterwards more soundly religious , by renouncing idolatry and superstition . if ephraim be joyned to idols , the counsel of the prophet is , let him alone . if israel play the harlot , let not judah sin . if it seem evil unto you , saith ioshua , to serve the lord , chuse you this day whom you will serve ; whether the gods whom your fathers served beyond the flood , or the gods of the amorites , in whose land ye dwell : but i and mine house will serve the lord. the indisposition therefore of the church of rome to reform her self , must be no stay unto us from performing our duty to god ; even as desire of retaining conformity with them , could be no excuse , if we did not perform that duty . notwithstanding so far as lawfully we may , we have held and do hold fellowship with them . for even as the apostle doth say of israel , that they are in one respect enemies , but in another beloved of god : in like sort with rome , we dare not communicate concerning sundry her gross and grievous abominations ; yet touching those main parts of christian truth wherein they constantly still persist , we gladly acknowledge them to be of the family of jesus christ ; and our hearty prayer unto god almighty is , that being conjoyned so far forth with them , they may at the length ( if it be his will ) so yield to frame and reform themselves , that no distraction remain in any thing , but that we all may with one heart and one mouth , glorifie god the father of our lord and saviour , whose church we are . as there are which make the church of rome utterly no church at all , by reason of so many , so grievous errors in their doctrines : so we have them amongst us , who under pretence of imagined corruptions in our discipline , do give even as hard a judgment of the church of england it self . but whatsoever either the one sort or the other teach , we must acknowledge even hereticks themselves to be , though a maimed part , yet a part of the visible church . if an infidel should pursue to death an heretick professing christianity , onely for christian profession sake , could we deny unto him the honor of martyrdom ? yet this honor all men know to be proper unto the church . hereticks therefore are not utterly cut off from the visible church of christ. if the fathers do any where , as oftentimes they do , make the true visible church of christ , and heterical companies opposite ; they are to be construed as separating hereticks , not altogether from the company of believers , but from the fellowship of sound believers . for whereprofest unbelief is , there can be no visible church of christ ; there may be , where sound belief wanteth . infidels being clean without the church , deny directly , and utterly reject the very principles of christianity ; which hereticks embrace , and err onely by misconstruction : whereupon their opinions , although repugnant indeed to the principles of christian faith , are notwithstanding by them held otherwise , and maintained as most consonant thereunto . wherefore being christians in regard of the general truth of christ which they openly profess ; yet they are by the fathers every where spoken of , as men clean excluded out of the right believing church , by reason of their particular errors , for which all that are of a sound belief must needs condemn them . in this consideration , the answer of calvin unto farell , concerning the children of popish parents doth seem crazed . whereas , saith he , you ask our judgment about a matter , whereof there is doubt amongst you , whether ministers of our order , professing the pure doctrine of the gospel , may lawfully admit unto baptism an infant whose father is a stranger unto our churches , and whose mother hath salm from us unto the papacy , so that both the parents are popish . thus we have thought good to answer ; namely , that it is an absurd thing for us to baptize them which cannot be reckoned members of our body . and sith papists children are such , we see not how it should be lawful to minister baptism unto them . sounder a great deal is the answer of the ecclesiastical colledge of geneva unto knox , who having signified unto them , that himself did not think it lawful to baptize bastards , or the children of idolaters ( he meaneth papists ) or of persons excommunicate , till either the parents had by repentance submitted themselves unto the church , or else their children being grown unto the years of understanding , should come and sue for their own baptism . for thus thinking , saith he , i am thought to be over severe , and that not onely by them which are popish ; but even in their judgments also who think themselves maintainers of the truth . master knox's oversight herein they controuled . their sentence was , wheresoever the profession of christianity hath not utterly perished and been extinct , infants are beguiled of their right , if the common seal be denied them . which conclusion in it self is sound , although it seemeth the ground is but weak whereupon they build it : for the reason which they yield of their sentence , is this ; the promise which god doth make to the faithful concerning their seed , reacheth unto a thousand generations ; it resteth not onely in the first degree of descent . infants therefore whose great grandfathers have been holy and godly , do in that respect belong to the body of the church , although the fathers and grandfathers of whom they descend , have been apostates : because the tenure of the grace of god which did adopt them three hundred years ago , and more in their ancient predecessors , cannot with justice be defeated and broken off by their parents impiety coming between . by which reason of theirs , although it seem that all the world may be baptized , in as much as no man living is a thousand descents removed from adam himself ; yet we mean not at this time , either to uphold , or to overthrow it ; onely their alledged conclusion we embrace , so it be construed in this sort : that for as much as men remain in the visible church , till they utterly renounce the profession of christianity , we may not deny unto infants their right , by withholding from them the publick sign of holy baptism , if they be born where the outward acknowledgment of christianity is not clean gone and extinguished . for being in such sort born , their parents are within the church , and therefore their birth doth give them interest and right in baptism . albeit not every error and fault , yet heresies and crimes which are not actually repented of , and forsaken , exclude quite and clean from that salvation which belongeth unto the mystical body of christ ; yea , they also make a separation from the visible sound church of christ ; altogether from the visible church , neither the one nor the other doth sever . as for the act of excommunication , it neither shutteth out from the mystical , nor clean from the visible ; but onely from fellowship with the visible in holy duties . with what congruity then doth the church of rome deny , that her enemies , whom she holdeth always for hereticks , do at all appertain to the church of christ ; when her own do freely grant , that albeit the pope ( as they say ) cannot teach heresie , nor propound error , he may notwithstanding himself worship idols , think amiss concerning matters of faith , yea , give himself unto acts diabolical , even being pope ? how exclude they us from being any part of the church of christ , under the colour and pretence of heresie , when they cannot but grant it possible , even for him to be as touching his own personal perswasion heretical , who in their opinion not onely is of the church , but holdeth the chiefest place of authority over the same ? but of these things we are not now to dispute . that which already we have set down , is for our present purpose sufficient . by the church therefore , in this question , we understand no other then onely the visible church . for preservation of christianity there is not any thing more needful , then that such as are of the visible church , have mutual fellowship and society one with another . in which consideration , as the main body of the sea being one , yet within divers precincts hath divers names ; so the catholick church is in like sort divided into a number of distinct societies , every of which is termed a church within it self . in this sense the church is always a visible society of men ; not an assembly , but a society . for although the name of the church be given unto christian assemblies , although any number of christian men congregated , may be termed by the name of a church , yet assemblies properly are rather things that belong to a church . men are assembled for performance of publick actions ; which actions being ended , the assembly dissolveth it self , and is no longer in being ; whereas the church which was assembled , doth no less continue afterwards , then before . where but three are , and they of the laity also , saith tertullian , yet there is a church ; that is to say , a christian assembly . but a church , as now we are to understand it , is a society , that is , a number of men belonging unto some christian fellowship , the place and limits whereof are certain . that wherein they have communion , is the publick exercise of such duties as those mentioned in the apostles acts , instruction , breaking of bread , and prayer . as therefore they that are of the mystical body of christ , have those inward graces and vertues , whereby they differ from all others which are not of the same body : again , whosoever appertain to the visible body of the church , they have also the notes of external profession , whereby the world knoweth what they are : after the same manner , even the several societies of christian men , unto every of which the name of a church is given , with addition betokening severally , as the church of rome , corinth , ephesus , england , and so the rest , must be endued with correspondent general properties belonging unto them , as they are publick christian societies . and of such properties common unto all societies christian , it may not be denied , that one of the very cheifest is ecclesiastical polity . which word i therefore the rather use , because the name of government , as commonly men understand it in ordinary speech , doth not comprise the largeness of that whereunto in this question it is applied . for when we speak of government , what doth the greatest part conceive thereby , but onely the exercise of superiority peculiar unto rulers and guides of others ? to our purpose therefore the name of church-polity will better serve , because it containeth both government , and also whatsoever besides belongeth to the ordering of the church in publick . neither is any thing in this degree more necessary then church-polity , which is a form of ordering the publick spiritual affairs of the church of god. . but we must note , that he which affirmeth speech to be necessary amongst all men throughout the world , doth not thereby import , that all men must necessarily speak one kinde of language ; even so the necessity of polity , and regiment in all churches may be held , without holding any one certain form to be necessary in them all , nor is it possible that any form of polity , much less of polity ecclesiastical , should be good , unless god himself be author of it . those things that are not of god ( saith tertullian ) they can have no other then gods adversary for their author . be it whatsoever in the church of god , if it be not of god , we hate it . of god it must be ; either as those things sometimes were , which god supernaturally revealed , and so delivered them unto moses for government of the commonwealth of israel ; or else as those things which men finde out by help of that light , which god hath given them unto that end . the very law of nature it self , which no man can deny but god hath instituted , is not of god , unless that be of god , whereof god is the author as well this latter way as the former . but forasmuch as no form of church-polity is thought by them to be lawful , or to be of god , unless god be so the author of it , that it be also set down in scripture , they should tell us plainly , whether their meaning be that it must be there set down in whole , or in part . for if wholly , let them shew what one form of polity ever was so . their own to be so taken out of scripture , they will not affirm ; neither deny they that in part , even this which they so much oppugn is also from thence taken . again , they should tell us , whether onely that be taken out of scripture , which is actually and particularly there set down ; or else that also , which the general principles and rules of scripture potentially contain . the one way they cannot so much as pretend , that all the parts of their own discipline are in scripture ; and the other way their mouths are stopped , when they would plead against all other forms besides their own ; seeing the general principles are such , as do not particularly prescribe any one , but sundry may equally be consonant unto the general axioms of the scripture . but to give them some larger scope , and not to close them up in these streights : let their allegations be considered , wherewith they earnestly bend themselves against all , which deny it necessary that any one compleat form of church-polity should be in scripture . first therefore , whereas it hath been told them , that matters of faith , and in general , matters necessary unto salvation , are of a different nature from ceremonies , order , and the kinde of church government ; and that the one is necessary to be expresly contained in the word of god , or else manifestly collected out of the same , the other not so ; that it is necessary not to receive the one , unless there be something in scripture for them ; the other free , if nothing against them may thence be alledged . although there do not appear any just or reasonable cause to reject or dislike of this ; nevertheless , as it is not easie to speak to the contentation of mindes exulcerated in themselves , but that somewhat there will be always which displeaseth ; so herein for two things we are reproved . * the first is , misdistinguishing , because matters of discipline and church-government are ( as they say ) matters necessary to salvation , and of faith , whereas we put a difference betwixt the one and the other . our second fault is injurious dealing with the scripture of god , as if it contained onely the principal points of religion , some rude and unfashioned matter of building the church , but had lest out that which belongeth unto the form and fashion of it ; as if there were in the scripture no more then onely to cover the churches nakedness , and not chains , bracelets , rings , jewels to adorn her ; sufficient to quench her thirst , to kill her hunger , but not to minister a more liberal , and ( as it were ) a more delicous and dainty diet . in which case our apology shall not need to be very long . . the mixture of those things by speech , which by nature are divided , is the mother of all error . to take away therefore that error which confusion breedeth , distinction is requisite . rightly to distinguish , is by conceit of minde to sever things different in nature , and to discern wherein they differ . so that if we imagine a difference where there is none , because we distinguish where we should not , it may not be denied that we misdistinguish . the only trial whether we do so , yea or no , dependeth upon comparison between our conceit , and the nature of things conceived . touching matters belonging to the church of christ , this we conceive , that they are not of one sute . some things are meerly of faith , which things it doth suffice , that we know and believe ; some things not onely to be known , but done , because they concern the actions of men . articles about the trinity , are matters of meer faith , and must be believed . precepts concerning the works of charity , are matters of action ; which to know , unless they be practised , is not enough . this being so clear to all mens understanding , i somewhat marvel that they especially should think it absurd to oppose church government , a plain matter of action , unto matters of faith , who know that themselves divide the gospel into doctrine and discipline . for if matters of discipline be rightly by them distinguished from matters of doctrine , why not matters of government by us as reasonably set against matters of faith ? do not they under doctrine comprehend the same , which we intend by matters of faith ? do not they under discipline , comprise the regiment of the church ? when they blame that in us , which themselves follow , they give men great cause to doubt , that some other thing then judgment doth guide their speech . what the church of god standeth bound to know or do , the same in part nature teacheth . and because nature can teach them but onely in part , neither so fully as is requisite for mans salvation ; not so easily , as to make the way plain and expedite enough , that many may come to the knowledge of it , and so be saved ; therefore in scripture hath god both collected the most necessary things , that the school of nature teacheth unto that end ; and revealeth also whatsoever we neither could with safety be ignorant of , nor at all be instructed in , but by supernatural revelation from him . so that scripture containing all things that are in this kinde any way needful for the church , and the principal of the other sort : this is the next thing wherewith we are charged as with an error . we teach , that whatsoever is unto salvation termed necessary by way of excellency ; whatsoever it standeth all men upon to know or do , that they may be saved ; whatsoever there is , whereof it may truly be said , this not to believe , is eternal death and damnation ; or , this every soul that will live , must duly observe : of which sort the articles of christian faith , and the sacraments of the church of christ are . all such things , if scripture did not comprehend , the church of god should not be able to measure out the length and the breadth of that way wherein for ever she is to walk : hereticks and schismaticks never ceasing , some to abridge , some to enlarge , all to pervert and obscure the same . but as for those things that are accessary hereunto , those things that so belong to the way of salvation , as to alter them , is no otherwise to change that way , then a path is changed by altering onely the uppermost face thereof ; which be it laid with gravel , or set with grass , or paved with stones , remaineth still the same path : in such things , because discretion may teach the church what is convenient , we hold not the church further tied herein unto scripture , then that against scripture nothing be admitted in the church , lest that path which ought always to be kept even , do thereby come to be overgrown with brambles and thorns . if this be unfound , wherein doth the point of unsoundness lie ? is it not that we make some things necessary , some things accessory and appendent onely ? for our lord and saviour himself doth make that difference , by terming judgment , and mercy , and fidelity , with other things of like nature , the greater and weightier matters of the law. is it then in that we account ceremonies , ( wherein we do not comprise sacraments , or any other the like substantial duties in the exercise of religion , but onely such external rites as are usually annexed unto church actions ) is it an oversight , that we reckon these things and * matters of government in the number of things accessory , not things necessary in such sort as hath been declared ? let them which therefore think as blameable , consider well their own words . do they not plainly compare the one unto garments , which cover the body of the church ; the other unto rings , bracelets , and jewels , that onely adorn it ? the one to that food which the church doth live by , the other to that which maketh her diet liberal , dainty , and more delicious ? is dainty fare a thing necessary to the sustenance , or to the cloathing of the body rich attire ? if not , how can they urge the necessity of that which themselves resemble by things not necessary ? or by what construction shall any man living be able to make those comparisons true , holding that distinction untrue , which putteth a difference between things of external regiment in the church , and things necessary unto salvation ? . now as it can be to nature no injury , that of her we say the same which diligent beholders of her works have observed ; namely , that she provideth for all living creatures nourishment which may suffice ; that she bringeth forth no kinde of creature whereto she is wanting in that which is needful : although we do not so far magnifie her exceeding bounty , as to affirm , that she bringeth into the world the sons of men adorned with gorgeous attire , or maketh costly buildings to spring up out of the earth for them : so i trust that to mention what the scripture of god leaveth unto the churches discretion in some things , is not in any thing to impair the honor which the church of god yieldeth to the sacred scriptures perfection . wherein seeing that no more is by us maintained , then onely that scripture must needs teach the church whatsoever is in such sort necessary , as hath been set down ; and that it is no more disgrace for scripture to have left a number of other things free to be ordered at the discretion of the church , then for nature to have lest it unto the wit of man to devise his own attire , and not to look for it as the beasts of the field have theirs . if neither this can import , nor any other proof sufficient be brought forth , that we either will at any time , or ever did affirm the sacred scripture to comprehend no more then onely those bare necessaries ; if we acknowledge that as well for particular application to special occasions , as also in other manifold respects , infinite treasures of wisdom are over and besides abundantly to be found in the holy scripture ; yea , that scarcely there is any noble part of knowledge , worthy the minde of man , but from thence it may have some direction and light ; yea , that although there be no necessity it should of purpose prescribe any one particular form of church-government ; yet touching the manner of governing in general , the precepts that scripture setteth down are not few , and the examples many which it proposeth for all church-governors , even in particularities to follow ; yea , that those things , finally , which are of principal weight in the very particular form of church-polity ( although not that form which they imagine , but that which we against them uphold ) are in the self-same scriptures contained : if all this be willingly granted by us , which are accused to pin the word of god in so narrow room , as that it should be able to direct us but in principal points of our religion ; or as though the substance of religion , or some rude and unfashioned matter of building the church were uttered in them , and those things left out that should pertain to the form and fashion of it : let the cause of the accused , be referred to the accusers own conscience , and let that judge whether this accusation be deserved where it hath been laid . . but so easie it is for every man living to err , and so hard to wrest from any mans mouth the plain acknowledgment of error , that what hath been once inconsiderately defended , the same is commonly persisted in , as long as wit by whetting it self , is able to finde out any shift , be it never so sleight , whereby to escape out of the hands of present contradiction . so that it cometh herein to pass with men unadvisedly faln into error , as with them whose state hath no ground to uphold it , but onely the help which by subtil conveyance they draw out of casual events arising from day to day , till at length they be clean spent . they which first gave out , that nothing ought to be established in the church , which is not commanded by the word of god , thought this principle plainly warranted by the manifest words of the law , ye shall put nothing unto the word which i command you , neither shall ye take ought therefrom , that ye may keep the commandments of the lord your god , which i command you . wherefore having an eye to a number of rites and orders in the church of england , as marrying with a ring , crossing in the one sacrament , kneeling at the other , observing of festival days more then onely that which is called the lords day , enjoyning abstinence at certain times from some kindes of meat , churching of women after childe-birth , degrees taken by divines in universities , sundry church offices , dignities , and callings ; for which they found no commandment in the holy scripture , they thought by the one onely stroke of that axiom to have cut them off . but that which they took for an oracle , being sifted , was repeal'd . true it is concerning the word of god , whether it be by misconstruction of the sense , or by falsification of the words , wittingly to endeavor that any thing may seem divine which is not , or any thing not seem which is , were plainly to abuse , and even to falsifie divine evidence ; which injury offered but unto men , is most worthily counted heinous . which point i wish they did well observe , with whom nothing is more familiar then to plead in these causes , the law of god , the word of the lord : who notwithstanding , when they come to alledge what word , and what law they mean , their common ordinary practice is , to quote by-speeches in some historical narration , or other , and to urge them as if they were written in most exact form of law. what is to add to the law of god , if this be not ? when that which the word of god doth but deliver historically , we construe without any warrant , as if it were legally meant , and so urge it further then we can prove that it was intended ; do we not add to the laws of god , and make them in number seem more then they are ? it standeth us upon to be careful in this case . for the sentence of god is heavy against them , that wittingly shall presume thus to use the scripture . . but let that which they do hereby intend be granted them ; let it once stand as consonant to reason , that because we are forbidden to add to the law of god any thing , or to take ought from it ; therefore we may not for matters of the church , make any law more then is already set down in scripture : who seeth not what sentence it shall enforce us to give against all churches in the world , in as much as there is not one , but hath had many things established in it , which though the scripture did never command , yet for us to condemn were rashness ? let the church of god , even in the time of our saviour christ serve for example unto all the rest . in their domestical celebration of the passover , which supper they divided ( as it were ) into two courses ; what scripture did give commandment , that between the first and the second ; he that was chief , should put off the residue of his garments , and keeping on his feast-robe onely , wash the feet of them that were with him ? what scripture did command them never to lift up their hands unwashe in prayer unto god , which custom aristaus ( be the credit of the author more or less ) sheweth wherefore they did so religiously observe ? what scripture did command the jews every festival day to fast till the sixth hour ? the custom both mentioned by iosephus in the history of his own life , and by the words of peter signified . tedious it were to rip up all such things , as were in that church established , yea , by christ himself , and by his apostles observed , though not commanded any where in scripture . . well , yet a gloss there is to colour that paradox , and notwithstanding all this ; still to make it appear in shew not to be altogether unreasonable : and therefore till further reply come , the cause is held by a feeble distinction ; that the commandments of god being either general or special , although there be no express word for every thing in specialty , yet there are general commandments for all things , to the end , that even such cases as are not in scripture particularly mentioned , might not be left to any to order at their pleasure , onely with caution , that nothing be done against the word of god ; and that for this cause the apostle hath set down in scripture four general rules , requiring such things alone to be received in the church , as do best and nearest agree with the same rules , that so all things in the church may be appointed , not onely not against , but by and according to the word of god. the rules are these , nothing scandalous or offensive unto any , especially unto the church of god ; all things in order and with seemliness ; all unto edification ; finally , all to the glory of god. of which kinde , how many might be gathered out of the scripture , if it were necessary to take so much pains ? which rules they that urge , minding thereby to prove , that nothing may be done in the church , but what scripture commandeth , must needs hold that they tie the church of christ no otherwise , then onely because we finde them there set down by the finger of the holy ghost . so that unless the apostle by writing had delivered those rules to the church , we should by observing them , have sinned , as now by not observing them . in the church of the jews , is it not granted , that the appointment of the hour for daily sacrifices ; the building of synagogues throughout the land , to hear the word of god , and to pray in , when they came not up to ierusalem ; the erecting of pulpits and chairs to teach in ; the order of burial ; the rites of marriage , with such like , being matters appertaining to the church ; yet are not any where prescribed in the law , but were by the churches discretion instituted ? what then shall we think ? did they hereby add to the law , and so displease god by that which they did ? none so hardly perswaded of them . doth their law deliver unto them the self-same general rules of the apostle , that framing thereby their orders , they might in that respect clear themselves from doing amiss ? st. paul would then of likelihood have cited them out of the law , which we see he doth not . the truth is , they are rules and canons of that law which is written in all mens hearts ; the church had for ever no less then now stood bound to observe them , whether the apostle had mentioned them , or no. seeing therefore those canons do binde as they are edicts of nature , which the jews observing as yet unwritten , and thereby framing such church orders as in their law were not prescribed , are notwithstanding in that respect unculpable : it followeth , that sundry things may be lawfully done in the church , so as they be not done against the scripture , although no scripture do command them ; but the church onely following the light of reason , judge them to be in discretion meet . secondly , unto our purpose , and for the question in hand , whether the commandments of god in scripture , be general or special , it skilleth not ? for if being particularly applied , they have in regard of such particulars , a force constraining us to take some one certain thing of many , and to leave the rest ; whereby it would come to pass , that any other particular , but that one being established , the general rules themselves in that case would be broken ; then is it utterly impossible , that god should leave any thing great or small free for the church to establish , or not . thirdly , if so be they shall grant , as they cannot otherwise do , that these rules are no such laws as require any one particular thing to be done , but serve rather to direct the church in all things which she doth ; so that free and lawful it is to devise any ceremony , to receive any order , and to authorise any kinde of regiment , no special commandment being thereby violated ; and the same being thought such by them to whom the judgment thereof appertaineth ; as that it is not scandalous , but decent , tending unto edification , and setting forth the glory of god ; that is to say , agreeable unto the general rules of holy scripture ; this doth them no good in the world , for the furtherance of their purpose . that which should make for them , must prove , that men ought not to make laws for church regiment , but onely keep those laws which in scripture they finde made . the plain intent of the books of ecclesiastical discipline is to shew , that men may not devise laws of church government ; but are bound for ever to use and to execute onely those , which god himself hath already devised and delivered in the scripture . the self-same drift the admonitioners also had , in urging , that nothing ought to be done in the church , according unto any law of mans devising , but all according to that which god in his word hath commanded . which not remembring , they gather out of scripture general rules to be followed in making laws ; and so in effect they plainly grant , that we our selves may lawfully make laws for the church , and are not bound out of scripture onely to take laws already made , as they meant who first alledged that principle whereof we speak . one particular plat-form it is which they respected , and which they labored thereby to force upon all churches ; whereas these general rules do not let , but that there may well enough be sundry . it is the particular order established in the church of england , which thereby they did intend to alter , as being not commanded of god ; whereas unto those general rules they know , we do not defend , that we may hold any thing unconformable . obscure it is not what meaning they had , who first gave out that grand axiom ; and according unto that meaning , it doth prevail far and wide with the favorers of that part . demand of them , wherefore they conform not themselves unto the order of our church ? and in every particular , their answer for the most part is , we finde no such thing commanded in the word . whereby they plainly require some special commandment for that which is exacted at their hands ; neither are they content to have matters of the church examined by general rules and canons . as therefore in controversies between us and the church of rome , that which they practise , is many times even according to the very grossness of that which the vulgar sort conceiveth ; when that which they teach , to maintain it , is so nice and subtil , that hold can very hardly be taken thereupon : in which cases we should do the church of god small benefit , by disputing with them according unto the finest points of their dark conveyances , and suffering that sense of their doctrine to go uncontrouled , wherein by the common sort , it is ordinarily received and practised . so considering what disturbance hath grown in the church amongst our selves , and how the authors thereof do commonly build altogether on this as a sure foundation , nothing ought to be established in the church , which in the word of god is not commanded : were it reason , that we should suffer the same to pass without controulment , in that current meaning whereby every where it prevaileth , and stay till some strange construction were made thereof , which no man would lightly have thought on , but being driven thereunto for a shift ? . the last refuge in maintaining this position , is thus to construe it , nothing ought to be established in the church , but that which is commanded in the word of god ; that is to say , all church orders must be grounded upon the word of god , in such sort grounded upon the word , not , that being sound out by some star , or light of reason , or learning , or other help , they may be received , so they be not against the word of god , but according at leastwise unto the general rules of scripture they must be made . which is in effect as much as to say , we know not what to say wel in defence of this position : and therefore lest we should say it is false , there is no remedy but to say , that in some sense or other it may be true , if we could tell how . first , that scholy had need of a very favorable reader , and a tractable , that should think it plain construction , when to be commanded in the word , and grounded upon the word , are made all one . if when a man may live in the state of matrimony , seeking that good thereby which nature principally desireth , he make rather choice of a contrary life in regard of st. pauls judgment * : that which he doth , is manifestly grounded upon the word of god , yet not commanded in his word , because without breach of any commandment he might do otherwise . secondly , whereas no man in justice and reason , can be reproved for those actions which are framed according unto that known will of god , whereby they are to be judged , and the will of god which we are to judge our actions by , no sound divine in the world ever denied to be in part made manifest even by the light of nature , and not by scripture alone : if the church being directed by the former of these two ( which god hath given , who gave the other , that man might in different sort be guided by them both ) if the church , i say , do approve and establish that which thereby it judgeth meet , and sindeth not repugnant to any word or syllable of holy scripture , who shall warrant our presumptuous boldness , controuling herein the church of christ ? but so it is , the name of the light of nature is made hateful with men , the star of reason and learning , and all other such like helps , beginneth no otherwise to be thought of , then if it were an unlucky comet ; or as if god had so accursed it , that it should never shine or give light in things concerning our duty any way towards him , but be esteemed as that star in the revelation , called wormword ; which being faln from heaven , maketh rivers and waters in which it falleth , so bitter , that men tasting them , die thereof . a number there are , who think they cannot admire as they ought , the power and authority of the word of god , if in things divine they should attribute any force to mans reason . for which cause they never use reason so willingly as to disgrace reason . their usual and common discourses are unto this effect . first , the natural man perceiveth not the things of the spirit of god : for they are foolishness unto him , neither can he know them , because they are spiritually discerned . secondly , it is not for nothing that st. paul giveth charge to beware of philosophy , that is to say , such knowledge as men by natural reason attain unto . thirdly , consider them that have from time to time opposed themselves against the gospel of christ , and most troubled the church with heresie . have they not always been great admirers of humane reason ? hath their deep and profound skill in secular learning , made them the more obedient to the truth , and not armed them rather against it ? fourthly , they that fear god will remember how heavy his sentences are in this case : i will destroy the wisdom of the wise , and will cast away the understanding of the prudent . where is the wise ? where is the scribe ? where is the disputer of this world ? hath not god made the wisdom of this world foolishness ? seeing the world by wisdom know not god : in the wisdom of god , it pleased god by the foolishness of preaching to save believers . fifthly , the word of god in it self is absolute , exact , and perfect . the word of god is a two-edged sword ; as for the weapons of natural reason , they are as the armor of saul , rather cumbersome about the soldier of christ , then needful . they are not of force to do that , which the apostles of christ did by the power of the holy ghost , my preaching , therefore saith paul , hath not been in the inticing speech of mans wisdom , but in plain evidence of the spirit of power ; that your faith might not be in the wisdom of men , but in the power of god. sixthly , if i believe the gospel , there needeth no reasoning about it to perswade me : if i do not believe , it must be the spirit of god , and not the reason of man that shall convert my heart unto him . by these and the like disputes , an opinion hath spred it self very far in the world ; as if the way to be ripe in faith , were to be raw in wit and judgment ; as if reason were an enemy unto religion , childish simplicity the mother of ghostly and divine wisdom . the cause why such declamations prevail so greatly , is , for that men suffer themselves in two respects to be deluded ; one is , that the wisdom of man being debased , either in comparison with that of god , or in regard of some special thing , exceeding the reach and compass thereof , it seemeth to them ( not marking so much ) as if simply it were condemned ; another , that learning , knowledge , or wisdom , falsly so termed , usurping a name whereof they are not worthy ; and being under that name controuled , their reproof is by so much the more easily misapplied , and through equivocation , wrested against those things , whereunto so precious names do properly and of right belong . this duly observed , doth to the former allegations it self make sufficient answer . howbeit , for all mens plainer and fuller satisfaction ; first , concerning the inability of reason , to search out , and to judge of things divine , if they be such as those properties of god , and those duties of men towards him , which may be conceived by attentive consideration of heaven and earth ; we know that of meer natural men , the apostle testifieth , how they knew both god , and the law of god. other things of god there be , which are neither so found , nor though they be shewed , can ever be approved without the special operation of gods good grace and spirit . of such things sometime spake the apostle st. paul , declaring how christ had called him to be a witness of his death and resurrection from the dead , according to that which the prophets and moses had foreshewed . festus , a meer natural man , an infidel , a roman ; one whose ears were unacquainted with such matter , heard him , but could not reach unto that whereof he spake ; the suffering , and the rising of christ from the dead , he rejected as idle superstitious fancies , not worth the hearing . the apostle that knew them by the spirit , and spake of them with power of the holy ghost , seemed in his eyes but learnedly mad . which example maketh manifest what elswhere the same apostle teacheth , namely , that nature hath need of grace , whereunto i hope we are not opposit , by holding , that grace hath use of nature . secondly , philosophy we are warned to take heed of ; not that philosophy , which is true and sound knowledge , attained by natural discourse of reason ; but that philosophy , which to bolster heresie or error , casteth a fraudulent shew of reason upon things which are indeed unreasonable ; and by that mean , as by a stratagem , spoileth the simple which are not able to withstand such cunning . take heed lest any spoil you through philosophy , and vain deceit . he that exhorteth to beware of an enemies policy , doth not give counsel to be impolitick ; but rather to use all prudent foresight and circumspection , lest our simplicity be over-reached by cunning sleights . the way not to be inveighled by them that are so guileful through skill , is throughly to be instructed in that which maketh skilful against guile , and to be armed with that true and sincere philosophy , which doth teach against that deceitful and vain , which spoileth . thirdly , but many great philosophers have been very unsound in belief ; and many sound in belief , have been also great philosophers . could secular knowledge bring the one sort unto the love of christian faith ? nor christian faith , the other sort out of love with secular knowledge . the harm that hereticks did , they did it unto such as were unable to discern between sound and deceitful reasoning ; and the remedy against it , was ever the skill which the ancient fathers had to discry and discover such deceit . insomuch , that cresconius the heretick complained greatly of st. augustine , as being too full of logical subtilties . heresie prevaileth onely by a counterfeit shew of reason ; whereby notwithstanding it becometh invincible , unless it be convicted of fraud by manifest remonstrance , clearly true , and unable to be withstood . when therefore the apostle requireth hability to convict hereticks , can we think he judgeth it a thing unlawful , and not rather needful to use the principal instrument of their conviction , the light of reason ? it may not be denied , but that in the fathers writings , there are sundry sharp invectives against hereticks , even for their very philosophical reasonings . the cause whereof tertullian confesseth , not to have been any dislike conceived against the kinde of such reasonings , but the end . we may ( saith he ) even in matters of god , be made wiser by reasons drawn from the publick perswasions which are grafted in mens mindes ; so they be used to further the truth , not to bolster error , so they make with , not against that which god hath determined . for there are some things even known by nature , as the immortality of the soul to many , our god unto all . i will therefore my self also , use the sentence of some such as plato , pronouncing every soul immortal . i my self too will use the secret acknowledgment of the communalty , bearing record of the god of gods : but when i hear men alledge , that which is dead , is dead ; and , while thou art alive , be alive ; and , after death an end of all , even of death it self : then will i call to minde both , that the heart of the people with god is accounted dust , and that the very wisdom of the world , is pronounced folly. if then an heretick flie also unto such vicious , popular , and secular conceits , my answer unto him shall be ; thou heretick , avoid the heathen , although in this ye be one , that ye both belie god ; yet thou that dost his under the name of christ , differest from the heathen , in that thou seemest to thy self a christian. leave him therefore his conceits , seeing that neither will be learn thine . why dost thou , having sight , trust to a blind guide ? thou which hast put on christ , take raiment of him that is naked ? if the apostle have armed thee , why dost thou borrow a strangers shield ? let him rather learn of thee to acknowledge , then thou of him to renounce the resurrection of the flesh. in a word , the catholick fathers did good unto all by that knowledge , whereby hereticks hindering the truth in many , might have furthered therewith themselves ; but that obstinately following their own ambitious , or otherwise corrupted affections , instead of framing their wills to maintain that which reason taught , they bent their wits to finde how reason might seem to teach that which their wills were set to maintain . for which cause the apostle saith of them justly , that they are for the most part 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , men condemned even in , and of themselves . for though they be not all perswaded , that it is truth which they withstand ; yet that to be error which they uphold , they might undoubtedly the sooner a great deal attain to know , but that their study is more to defend what once they have stood in , then to finde out sincerely and simply , what truth they ought to persist in for ever . fourthly , there is in the world no kinde of knowledge , whereby any part of truth is seen , but we justly account it precious ; yea , that principal truth , in comparison whereof , all other knowledge is vile , may receive from it some kinde of light ; whether it be that egyptian and caldean wisdom , mathematical , wherewith moses and daniel were furnished ; or that natural , moral , and civil wisdom wherewith solomon excelled all men ; or that rational and oratorial wisdom of the grecians , which the apostle st. paul brought from tarsus ; or that judaical , which he learned in ierusalem , sitting at the feet of gamaliel : to detract from the dignity thereof , were to injure even god himself , who being that light which none can approach unto , hath sent out these lights whereof we are capable , even as so many sparkles resembling the bright fountain from which they rise . but there are that bear the title of wisemen , and scribes , and great disputers of the world , and are nothing indeed less then what in shew they most appear . these being wholy addicted unto their own wills , use their wit , their learning , and all the wisdom they have , to maintain that which their obstinate hearts are delighted with , esteeming in the frantick error of their mindes , the greatest madness in the world to be wisdom , and the highest wisdom foolishness . such were both jews and grecians which professed , the one sort legal , and the other secular skill , neither enduring to be taught the mystery of christ : unto the glory of whose most blessed name , who so study to use both their reason , and all other gifts , as well which nature , as which grace hath endued them with ; let them never doubt , but that the same god , who is to destroy and confound utterly that wisdom falsly so named in others , doth make reckoning of them as of true scribes ; scribes by wisdom instructed to the kingdom of heaven ; scribes against that kingdom , hardned in a vain opinion of wisdom ; which in the end being proved folly , must needs perish ; true understanding , knowledge , judgment , and reason , continuing for evermore . fifthly , unto the word of god , being in respect of that end for which god ordained it , perfect , exact , and absolute in it self , we do not add reason as a supplement of any maim or defect therein , but as a necessary instrument , without which , we could not reap by the scriptures perfection , that fruit and benefit which it yieldeth . the word of god is a two-edged sword , put in the hands of reasonable men ; and reason as the weapon that flew goliah , if they be as david was that use it . touching the apostles , he which gave them from above such power for miraculous confirmation of that which they taught , endued them also with wisdom from above , to teach that which they so did confirm . our saviour made choice of twelve simple and unlearned men , that the greater their lack of natural wisdom was , the more admirable that might appear which god supernaturally endued them with from heaven . such therefore as knew the poor and silly estate wherein they had lived , could not but wonder to hear the wisdom of their speech , and be so much the more attentive unto their teaching . they studied for no tongue they spake withal ; of themselves they were rude , and knew not so much as how to premeditate ; the spirit gave them speech and cloquent utterance : but because with st. paul it was otherwise , then with the rest , in as much as he never conversed with christ upon earth as they did ; and his education had been scholastical altogether , which theirs was not : hereby occasion was taken by certain malignants , secretly to undermine his great authority in the church of christ , as though the gospel had been taught him by others , then by christ himself , and as if the cause of the gentiles conversion and belief , through his means , had been the learning and skill which he had by being conversant in their books , which thing made them so willing to hear him , and him so able to perswade them ; whereas the rest of the apostles prevailed , because god was with them , and by a miracle from heaven confirmed his word in their mouths . they were mighty in deeds : as for him , being absent , his writings had some force ; in presence , his power not like unto theirs . in sum , concerning his preaching , their very by-word was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , addle speech , empty talk . his writings full of great words , but in the power of miraculous operations ; his presence , not like the rest of the apostles . hereupon it ariseth , that st. paul was so often driven to make his apologies . hereupon it ariseth , that whatsoever time he had spent in the study of humane learning , he maketh earnest protestation to them of corinth , that the gospel which he had preached amongst them , did not by other means prevail with them , then with others the same gospel taught by the rest of the apostles of christ. my preaching , saith he , hath not been in the perswasive speeches of humane wisdom , but in demonstration of the spirit and of power ; that your faith may not be in the wisdom of men , but in the power of god. what is it which the apostle doth here deny ? is it denied that his speech amongst them had been perswasive ? no ; for of him the sacred history plainly restifieth , that for the space of a year and a half , he spake in their synagogue every sabbath , and perswaded both jews and grecians . how then is the speech of men made perswasive ? surely there can be but two ways to bring this to pass , the one humane , the other divine . either st. paul did onely by art and natural industry cause his own speech to be credited ; or else god by miracle did authorise it , and so bring credit thereunto , as to the speech of the rest of the apostles . of which two , the former he utterly denieth . for why ? if the preaching of the rest had been effectual by miracle , his onely by force of his own learning ; so great inequality between him and the other apostles in this thing , had been enough to subvert their faith. for might they not with reason have thought , that if he were sent of god , as well as they , god would not have furnished them and not him , with the power of the holy ghost ? might not a great part of them , being simple haply have feared , lest their assent had been cunningly gotten unto his doctrine , rather through the weakness of their own wits , then the certainty of that truth which he had taught them ? how unequal had it been , that all believers through the preaching of other apostles , should have their faith strongly built upon the evidence of gods own miraculous approbation ; and they whom he had converted , should have their perswasion built onely upon his skill and wisdom who perswaded them ? as therefore calling from men may authorise us to teach , although it could not authorise him to teach as other apostles did : so although the wisdom of man had not been sufficient to enable him such a teacher as the rest of the apostles were , unless gods miracles had strengthned both the one and the others doctrine ; yet unto our ability , both of teaching and learning the truth of christ , as we are but meer christian men , it is not a little which the wisdom of man may add . sixthly , yea , whatsoever our hearts be to god and to his truth , believe we , or be we as yet faithless , for our conversion or confirmation , the force of natural reason is great . the force whereof unto those effects , is nothing without grace . what then ? to our purpose it is sufficient , that whosoever doth serve , honor , and obey god , whosoever believeth in him ; that man would no more do this then innocents and infants do , but for the light of natural reason that shineth in him , and maketh him apt to apprehend those things of god , which being by grace discovered , are effectual to perswade reasonable mindes , and none other , that honor , obedience , and credit , belong aright unto god. no man cometh unto god to offer him sacrifice , to pour out supplications and prayers before him , or to do him any service , which doth not first believe him both to be , and to be a rewarder of them who in such sort seek unto him . let men be taught this either by revelation from heaven , or by instruction upon earth ; by labor , study , and meditation , or by the onely secret inspiration of the holy ghost ; whatsoever the mean be they know it by , if the knowledge thereof were possible without discourse of natural reason ; why should none be found capable thereof but onely men , nor men till such time as they come unto ripe and full ability to work by reasonable understanding ? the whole drift of the scripture of god , what is it , but onely to teach theology ? theology , what is it , but the science of things divine ? what science an be attained unto , without the help of natural discourse and reason ? iudge you of that which i speak , saith the apostle . in vain it were to speak any thing of god , but that by reason . men are able somewhat to judge of that they hear , and by discourse to discern how consonant it is to truth . scripture indeed teacheth things above nature , things which our reason by it self could not reach unto . yet those things also we believe . knowing by reason , that the scripture is the word of god. in the presence of festus , a roman , and of king agrippa , a jew , st. paul omitting the one , who neither knew the jews religion , not the books whereby they were taught it , speaks unto the other of things foreshewed by moses , and the prophets , and performed in jesus christ , intending thereby to prove himself so unjustly accused , that unless his judges did condemn both moses and the prophets , him they could not chuse but acquit , who taught onely that fulfilled , which they so long since had foretold . his cause was easie to be discerned ; what was done , their eyes were witnesses ; what moses and the prophets did speak , their books could quickly shew : it was no hard thing for him to compare them , which knew the one , and believed the other . king agrippa , believest thou the prophets ? i know thou dost . the question is , how the books of the prophets came to be credited of king agrippa . for what with him did authorise the prophets , the like with us doth cause the rest of the scripture of god to be of credit . because we maintain , that in scripture we are taught all things necessary unto salvation ; hereupon very childishly it is by some demanded , what scripture can teach us the sacred authority of the scripture , upon the knowledge whereof our whole faith and salvation dependeth ? as though there were any kinde of science in the world , which leadeth men unto knowledge , without presupposing a number of things already known . no science doth make known the first principles whereon it buildeth ; but they are always either taken as plain and manifest in themselves , or as proved and granted already , some former knowledge having made them evident . scripture teacheth all supernaturally revealed truth ; without the knowledge whereof , salvation cannot be attained . the main principal whereupon , our belief of all things therein contained , dependeth , is , that the scriptures are the oracles of god himself . this in it self we cannot say is evident . for then all men that hear it , would acknowledge it in heart , as they do when they hear that every whole is more then any part of that whole , because this in it self is evident . the other we know , that all do not acknowledge when they hear it . there must be therefore some former knowledge presupposed , which doth herein assure the hearts of all believers . scripture teacheth us that saving truth which god hath discovered unto the world by revelation ; and it presumeth us taught otherwise , that it self is divine and sacred . the question then being , by what means we are taught this : some answer , that to learn it we have no other way then onely tradition ; as namely , that so we believe , because both we from our predecessors , and they from theirs have so received . but is this enough ? that which all mens experience teacheth them , may not in any wise be denied . and by experience we all know , that the first outward motive leading men so to esteem of the scripture , is the authority of gods church . for when we know the whole church of god hath that opinion of the scripture , we judge it even at the first an impudent thing for any man bred and brought up in the church , to be of a contrary minde without cause . afterwards the more we bestow our labor in reading or hearing the mysteries thereof , the more we finde that the thing it self doth answer our received opinion concerning it . so that the former enducement prevailing somewhat with us before , doth now much more prevail , when the very thing hath ministred further reason . if infidels or atheists chance at any time to call it in question , this giveth us occasion to sift what reason there is , whereby the testimony of the church concerning scripture , and our own perswasion which scripture it self hath confirmed , may be proved a truth infallible . in which case the ancient fathers being often constrained to shew , what warrant they had so much to relie upon the scriptures , endeavored still to maintain the authority of the books of god by arguments , such as unbelievers themselves must needs think reasonable , if they judged thereof as they should . neither is it a thing impossible , or greatly heard , even by such kinde of proofs so to manifest and clear that point , that no man living shall be able to deny it , without denying some apparent principle , such as all men acknowledge to be true . wherefore if i believe the gospel , yet is reason of singular use , for that it confirmeth me in this my belief the more : if i do not as yet believe , nevertheless to bring me into the number of believers , except reason did somewhat help , and were an instrument which god doth use unto such purposes , what should it boot to dispute with infidels , or godless persons for their conversion and perswasion in that point ? neither can i think that , when grave and learned men do sometime hold , that of this principle there is no proof but by the testimony of the spirit , which assureth our hearts therein , it is their meaning to exclude utterly all force which any kinde of reason may have in that behalf ; but i rather incline to interpret such their speeches , as if they had more expresly set down , that other motives and enducements , be they never so strong and consonant unto reason , are notwithstanding ineffectual of themselves to work faith concerning this principle , if the special grace of the holy ghost concur not to the enlightning of our mindes . for otherwise , i doubt not but men of wisdom and judgment will grant , that the church in this point especially is furnished with reason , to stop the mouths of her impious adversaries ; and that , as it were altogether bootless to alledge against them , what the spirit hath taught us , so likewise , that even to our own selves it needeth caution and explication , how the testimony of the spirit may be discerned , by what means it may be known , lest men think that the spirit of god doth testifie those things which the spirit of error suggesteth . the operations of the spirit , especially these ordinary which be common unto all true christian men , are , as we know , things secret and undiscernable even to the very soul where they are , because their nature is of another , and an higher kinde , then that they can be by us perceived in this life . wherefore albeit the spirit lead us into all truth , and direct us in all goodness ; yet because these workings of the spirit in us , are so privy and secret , we theresore stand on a plainer ground , when we gather by reason from the quality of things believed or done , that the spirit of god hath directed us in both , then if we settle our selves to believe , or to do any certain particular thing , as being moved thereto by the spirit . but of this enough . to go from the books of scripture , to the sense and meaning thereof , because the sentences which are by the apostles recited out of the psalms , to prove the resurrection of jesus christ , did not prove it , if so be the prophet david meant them of himself : this exposition therefore they plainly disprove , and shew by manifest reason , that of david the words of david could not possibly be meant . exclude the use of natural reasoning about the sense of holy scripture , concerning the articles of our faith , and then that the scripture doth concern the articles of our faith , who can assure us ? that which by right exposition buildeth up christian faith , being misconstrued breedeth error ; between true and false construction , the difference reason must shew . can christian men perform that which peter requireth at their hands ? is it possible they should both believe , and be able without the use of reason , to render a reason of their belief , a reason sound and sufficient to answer them that demand it , be they of the same faith with us , or enemies thereunto ? may we cause our faith without reason , to appear reasonable in the eyes of men ? this being required even of learners in the school of christ , the duty of their teachers in bringing them unto such ripeness , must needs be somewhat more then onely to read the sentences of scripture , and then paraphrastically to scholy them , to vary them with sundry forms of speech , without arguing or disputing about any thing which they contain . this method of teaching , may commend it self unto the world , by that easiness and facility which is in it ; but a law or a pattern it is not , as some do imagine , for all men to follow , that will do good in the church of christ. our lord and saviour himself did hope by disputation to do some good , yea , by disputation not onely of , but against the truth , albeit with purpose for the truth . that christ should be the son of david , was truth , yet against this truth , our lord in the gospel objecteth , if christ be the son of david , how doth david call him lord ? there is as yet no way known how to dispute , or to determine of things disputed , without the use of natural reason . if we please to adde unto christ their example , who followed him as near in all things as they could , the sermon of paul and barnabas , set down in the acts , where the people would have offered unto them sacrifice ; in that sermon , what is there , but onely natural reason to disprove their act ? o men , why do ye these things ? we are men even , subject to the self-same passions with you : we preach unto you to leave these vanities , and to turn to the living god , the god that hath not left himself without witness , in that he hath done good to the world , giving rain and fruitful seasons , filling our hearts with joy and gladness . neither did they onely use reason in winning such unto a christian belief , as were yet thereto unconverted , but with believers themselves they followed the self-same course . in that great and solemn assembly of believing jews , how doth peter prove , that the gentiles were partakers of the grace of god , as well as they , but by reason drawn from those effects , which were apparently known amongst them ? god which knoweth the hearts , hath born them witness in giving unto them the holy ghost as unto you . the light therefore , which the star of natural reason and wisdom casteth , is too bright to be obscured by the mist of a word or two , uttered to diminish that opinion which justly hath been received concerning the force and vertue thereof , even in matters that touch most nearly the principal duties of men , and the glory of the eternal god. in all which hitherto hath been spoken , touching the force and use of mans reason in things divine , i must crave , that i be not so understood or construed , as if any such thing , by vertue thereof , could be done without the aid and assistance of gods most blessed spirit . the thing we have handled according to the question moved about it ; which question is , whether the light of reason be so pernicious , that in devising laws for the church , men ought not by it to search what may be fit and convenient ? for this cause therefore we have endeavored to make it appear , how in the nature of reason it self , there is no impediment , but that the self-same spirit which revealeth the things that god hath set down in his law , may also be thought to aid and direct men in finding out by the light of reason , what laws are expedient to be made for the guiding of his church , over and besides them that are in scripture . herein therefore we agree with those men , by whom humane laws are defined to be ordinances , which such as have lawful authority given them for that purpose , do probably draw from the laws of nature and god , by discourse of reason , aided with the influence of divine grace : and for that cause , it is not said amiss touching ecclesiastical canons , that by instinct of the holy ghost they have been made , and consecrated by the reverend acceptation of the world. . laws for the church are not made as they should be , unless the makers follow such direction as they ought to be guided by : wherein that scripture standeth not the church of god in any stead , or serveth nothing at all to direct , but may be let pass as needless to be consulted with , we judge it prophane , impious , and irreligious to think . for although it were in vain to make laws which the scripture hath already made , because what we are already there commanded to do , on our parts there resteth nothing but onely that it be executed ; yet because both in that which we are commanded , it concerneth the duty of the church by law to provide , that the loosness and slackness of men may not cause the commandments of god to be unexecuted ; and a number of things there are , for which the scripture hath not provided by any law , but left them unto the careful discretion of the church ; we are to search how the church in these cases may be well directed , to make that provision by laws which is most convenient and fit . and what is so in these cases , partly scripture , and partly reason must teach to discern . scripture comprehending examples and laws ; laws , some natural , and some positive ; examples neither are there for all cases which require laws to be made , and when they are , they can but direct as precedents onely . natural laws direct in such sort , that in all things we must for ever do according unto them ; positive so , that against them , in no case , we may do any thing , as long as the will of god is , that they should remain in force . howbeit , when scripture doth yield us precedents , how far forth they are to be followed ; when it giveth natural laws , what particular order is thereunto most agreeable ; when positive , which way to make laws unrepugnant unto them ; yea , though all these should want , yet what kinde of ordinances would be most for that good of the church which is aimed at , all this must be by reason found out . and therefore , to refuse the conduct of the light of nature , saith st. augustine , is not folly alone , but accompanied with impiety . the greatest amongst the school divines studying how to set down by exact definition , the nature of an humane law , ( of which nature all the churches constitutions are ) found not which way better to do it , then in these words : out of the precepts of the law of nature , as out of certain common and undemonstrable principles , mans reason doth necessarily proceed unto certain more particular determinations : which particular determinations being found out according unto the reason of man , they have the names of humane laws , so that such other conditions be therein kept as the making of laws doth require , that is , if they whose authority is thereunto required , do establish and publish them as laws . and the truth is , that all our controversie in this cause concerning the orders of the church , is , what particulars the church may appoint . that which doth finde them out , is the force of mans reason . that which doth guide and direct his reason , is first , the general law of nature ; which law of nature , and the moral law of scripture , are in the substance of law all one . but because there are also in scripture a number of laws particular and positive , which being in force , may not by any law of man be violated , we are in making laws to have thereunto an especial eye . as for example , it might perhaps seem reasonable unto the church of god , following the general laws concerning the nature of marriage , to ordain in particular that cosin-germans shall not marry . which law notwithstanding ought not to be received in the church , if there should be in the scripture a law particular to the contrary , forbidding utterly the bonds of marriage to be so far forth abridged . the same thomas therefore , whose definition of humane laws we mentioned before , doth add thereunto this caution concerning the rule and canon whereby to make them : humane laws are measures in respect of men , whose actions they must direct ; howbeit such measures they are , as have also their higher rules to be measured by , which rules are two , the law of god , and the law of nature . so that laws humane must be made according to the general laws of nature , and without contradiction unto any positive law in scripture ; otherwise they are ill made . unto laws thus made and received by a whole church , they which live within the bosom of that church , must not think it a matter indifferent , either to yield , or not to yield obedience . is it a small offence to despise the church of god ? my son keep thy fathers commandment , saith solomon , and forget not thy mothers instruction , binde them both always about thine heart . it doth not stand with the duty which we ow to our heavenly father , that to the ordinances of our mother the church , we should shew our selves disobedient . let us not say we keep the commandments of the one , when we break the law of the other : for unless we observe both , we obey neither . and what doth let , but that we may observe both , when they are not the one to the other in any sort repugnant ? for of such laws onely we speak , as being made in form and manner already declared , can have in them no contradiction unto the laws of almighty god. yea , that which is more , the laws thus made , god himself doth in such sort authorize ; that to despise them , is to despise in them him . it is a loose and licentious opinion which the anabaptists have embraced , holding , that a christian mans liberty is lost , and the soul which christ hath redeemed unto himself , injuriously drawn into servitude under the yoke of humane power , if any law be now imposed besides the gospel of jesus christ : in obedience whereunto the spirit of god , and not the constraint of man is to lead us , according to that of the blessed apostle , such as are led by the spirit of god , are the sons of god , and not such as live in thraldom unto men . their judgment is therefore , that the church of christ should admit no law-makers , but the evangelists . the author of that which causeth another thing to be , is author of that thing also which thereby is caused . the light of natural understanding , wit , and reason , is from god ; he it is which thereby doth illuminate every man entring into the world. if there proceed from us any thing afterwards corrupt and naught , the mother thereof is our own darkness , neither doth it proceed from any such cause whereof god is the author . he is the author of all that we think or do , by vertue of that light which himself hath given . and therefore the laws which the very heathens did gather to direct their actions by , so far forth as they proceed from the light of nature , god himself doth acknowledge to have proceeded even from himself , and that he was the writer of them in the tables of their hearts . how much more then is he the author of those laws which have been made by his saints , endued further with the heavenly grace of his spirit , and directed as much as might be with such instructions as his sacred word doth yield ? surely , if we have unto those laws , that dutiful regard which their dignity doth require , it will not greatly need , that we should be exhorted to live in obedience unto them . i● they have god himself for their author , contempt which is offered unto them cannot chuse but redound unto him . the safest , and unto god the most acceptable way of framing our lives therefore , is with all humility , lowliness , and singleness of heart , to study which way our willing obedience , both unto god and man , may be yielded , even to the utmost of that which is due . . touching the mutability of laws that concern the regiment and polity of the church , changed they are , when either altogether abrogated , or in part repealed , or augmented with farther additions . wherein we are to note , that this question about the changing of laws , concerneth onely such laws as are positive , and do make that now good or evil , by being commanded or forbidden , which otherwise of it self were not simply , the one or the other . unto such laws it is expresly sometimes added , how long they are to continue in force . if this be no where exprest , then have we no light to direct our judgments , concerning the changeableness or immutability of them , but by considering the nature and quality of such laws . the nature of every law must be judged of by the end for which it was made , and by the aptness of things therein prescribed unto the same end . it may so fall out , that the reason why some laws of god were given , is neither opened , nor possible to be gathered by the wit of man. as why god should forbid adam that one tree , there was no way for adam ever to have certainly understood . and at adams ignorance of this point satan took advantage , urging the more securely a false cause , because the true was unto adam unknown . why the jews were forbidden to plough their ground with an ox and an ass ; why to cloath themselves with mingled attire of wooll and linnen , it was both unto them , and to us it remaineth obscure . such laws perhaps cannot be abrogated , saving onely by whom they were made ; because the intent of them being known unto none but the author , he alone can judge how long it is requisite they should endure . but if the reason why things were instituted may be known , and being known , do appear manifestly to be of perpetual necessity ; then are those things also perpetual , unless they cease to be effectual unto that purpose , for which they were at the first instituted . because when a thing doth cease to be available unto the end which gave it being , the continuance of it must then of necessity appear superfluous . and of this we cannot be ignorant , how sometimes that hath done great good which afterwards when time hath changed the ancient course of things , doth grow to be either very hurtful , or not so greatly profitable and necessary . if therefore , the end for which a law provideth , be perpetually necessary , and the way whereby it provideth perpetually also most apt , no doubt but that every such law ought for ever to remain unchangeable . whether god be the author of laws , by authorising that power of men whereby they are made , or by delivering them made immediately from himself , by word onely , or in writing also , or howsoever ; notwithstanding the authority of their maker , the mutability of that end for which they are made , maketh them also changeable . the law of ceremonies came from god. moses had commandment to commit it unto the sacred records of scripture , where it continueth even unto this very day and hour , in force still as the jew surmiseth , because god himself was author of it ; and for us to abolish what he hath established , were presumption most intolerable . but ( that which they in the blindness of their obdurate hearts are not able to discern ) sith the end for which that law was ordained , is now fulfilled , past , and gone ; how should it but cease any longer to be , which hath no longer any cause of being in force as before ? that which necessity of some special time doth cause to be enjoyned , bindeth no longer , then during that time , but doth afterward become free . which thing is also plain , even by that law which the apostles assembled at the council of ierusalem , did from thence deliver unto the church of christ ; the preface whereof to authorise it , was , to the holy ghost , and to us it hath seemed good : which style they did not use as matching themselves in power with the holy ghost , but as testifying the holy ghost to be the author , and themselves , but onely utterers of that decree . this law therefore to haue proceeded from god as the author thereof , no faithful man will deny . it was of god , not onely because god gave them the power whereby they might make laws , but for that it proceeded even from the holy motion and suggestion of that secret divine spirit , whose sentence they did but onely pronounce . notwithstanding , as the law of ceremonies delivered unto the jews , so this very law which the gentiles received from the mouth of the holy ghost , is in like respect abrogated by decease of the end for which it was given . but such as do not stick at this point , such as grant that what hath been instituted upon any special cause , needeth not to be observed , that cause ceasing , do notwithstanding herein fail ; they judge the laws of god onely by the author and main end for which they were made , so that for us to change that which he hath established , they hold it execrable pride and presumption , if so be the end and purpose for which god by that mean provideth , be permanent . and upon this they ground those ample disputes concerning orders and offices , which being by him appointed for the government of his church , if it be necessary always that the church of christ be governed , then doth the end for which god provided , remain still ; and therefore in those means which he by law did establish as being fittest unto that end , for us to alter any thing , is to lift up our selves against god , and as it were to countermand him . wherein they mark not , that laws are instruments to rule by , and that instruments are not onely to be framed according unto the general end for which they are provided , but even according unto that very particular which riseth out of the matter whereon they have to work . the end wherefore laws were made may be permanent , and those laws nevertheless require some alteration , if there be any unfitness in the means which they prescribe as tending unto that end and purpose . as for example , a law that to bridle theft , doth punish theeves with a quadruple restitution , hath an end which will continue as long as the world it self continueth . theft will be always , and will always need to be bridled . but that the mean which this law provideth for that end , namely , the punishment of quadruple restitution , that this will be always sufficient to bridle and restrain that kinde of enormity , no man can warrant . insufficiency of laws doth sometimes come by want of judgment in the makers . which cause cannot fall into any law termed properly and immediately divine , as it may and doth into humane laws often . but that which hath been once most sufficient , may wax otherwise by alteration of time and place ; that punishment which hath been sometimes forcible to bridle sin , may grow afterwards too week and feeble . in a word , we plainly perceive by the difference of those three laws which the jews received at the hands of god , the moral , ceremonial , and judicial , that if the end for which , and the matter according whereunto god maketh his laws , continue always one and the same , his laws also do the like , for which cause the moral law cannot be altered . secondly , that whether the matter whereon laws are made , continue or continue not , if their end have once ceased , they cease also to be of force ; as in the law ceremonial it fareth . finally , that albeit the end continue , as in that law of theft specified , and in a great part of those ancient judicials it doth ; yet for as much as there is not in all respects the same subject or matter remaining , for which they were first instituted , even this is sufficient cause of change . and therefore laws , though both ordained of god himself , and the end for which they were ordained , continuing , may notwithstanding cease , it by alteration of persons or times , they be found unsufficient to attain unto that end . in which respect , why may we not presume , that god doth even call for such change or alteration , as the very condition of things themselves doth make necessary ? they which do therefore plead the authority of the law-maker , as an argument wherefore it should not be lawful to change that which he hath instituted , and will have this the cause why all the ordinances of our saviour are immutable ; they which urge the wisdom of god as a proof , that whatsoever laws he hath made , they ought to stand , unless himself from heaven proclaim them disannulled , because it is not in man to correct the ordinance of god ; may know , if it please them to take notice thereof , that we are far from presuming to think that men can better any thing which god hath done , even as we are from thinking that men should presume to undo some things of men , which god doth know they cannot better . god never ordained any thing that could be bettered . yet many things he hath , that have been changed , and that for the better . that which succeedeth as better now when change is requisite , had been worse , when that which now is changed was instituted . otherwise god had not then left this to chuse that , neither would now reject that to chuse this , were it not for some new-grown occasion , making that which hath been betterworse . in this case therefore men do not presume to change gods ordinance , but they yield thereunto , requiring it self to be changed . against this it is objected , that to abrogate or innovate the gospel of christ , if men or angels should attempt , it were most heinous and cursed sacriledge . and the gospel , as they say , containeth not onely doctrine instructing men how they should believe , but also precepts concerning the regiment of the church . discipline therefore is a part of the gospel , and god being the author of the whole gospel , as well of discipline as of doctrine , it cannot be but that both of them have a common cause . so that as we are to believe for ever the articles of evangelical doctrine , so the precepts of discipline we are in like sort bound for ever to observe . touching points of doctrine , as for example , the unity of god , the trinity of persons , salvation by christ , the resurrection of the body , life everlasting , the judgment to come , and such like , they have been since the first hour that there was a church in the world , and till the last they must be believed : but as for matters of regiment , they are for the most part of another nature . to make new articles of faith and doctrine , no man thinketh it lawful ; new laws of government , what commonwealth or church is there which maketh not either at one time or another ? the rule of faith , saith tertullian , is but one , and that alone immoveable , and impossible to be framed or cast a new . the law of outward order and polity not so . there is no reason in the world wherefore we should esteem it as necessary always to do , as always to believe the same things ; seeing every man knoweth , that the matter of faith is constant , the matter contrariwise of action daily changeable , especially the matter of action belonging unto church polity . neither can i finde that men of soundest judgment have any otherwise taught , then that articles of belief , and things which all men must of necessity do , to the end they may be saved , are either expresly set down in scripture , or else plainly thereby to be gathered . but touching things which belong to discipline and outward polity , the church hath authority to make canons , laws and decrees , even as we read , that in the apostles times it did . which kinde of laws ( for as much as they are not in themselves necessary to salvation ) may after they are made , be also changed as the difference of times or places shall require . yea , it is not denied , i am sure , by themselves , that certain things in discipline are of that nature , as they may be varied by times , places , persons , and other the like circumstances . whereupon i demand , are those changeable points of discipline commanded in the word of god , or no ? if they be not commanded , and yet may be received in the church , how can their former position stand , condemning all things in the church , which in the word are not commanded ? if they be commanded , and yet may suffer change : how can this latter stand , affirming all things immutable which are commanded of god ? their distinction touching matters of substance and of circumstance , though true , will not serve . for be they great things , or be they small , if god have commanded them in the gospel , and his commanding them in the gospel do make them unchangeable , there is no reason we should more change the one , then we may the other . if the authority of the maker do prove unchangeableness in the laws which god hath made , then must all laws which he hath made , be necessarily for ever permanent , though they be out of circumstance onely , and not of substance . i therefore conclude , that neither gods being author of laws for government of his church , nor his committing them unto scripture , is any reason sufficient , wherefore all churches should for ever be bound to keep them without change . but of one thing we are here to give them warning by the way : for whereas in this discourse , we have oftentimes profest , that many parts of discipline or church polity are delivered in scripture , they may perhaps imagine that we are driven to confess their discipline to be delivered in scripture ; and that having no other means to avoid it , we are in fain to argue for the changeableness of laws ordained even by god himself , as if otherwise theirs of necessity should take place , and that under which we live be abandoned . there is no remedy therefore , but to abate this error in them , and directly to let them know , that if they fall into any such conceit , they do but a little flatter their own cause . as for us , we think in no respect so highly of it . our perswasion is , that no age ever had knowledge of it , but onely ours ; that they which defend it , devised it ; that neither christ nor his apostles , at any time taught it , but the contrary . if therefore we did seek to maintain that which most advantageth our own cause , the very best way for us , and the strongest against them , were to hold even as they do , that in scripture there must needs be found some particular form of church polity which god hath instituted , and which * for that very cause belongeth to all churches , to all times . but with any such partial eye to respect our selves , and by cunning , to make those things seem the truest , which are the fittest to serve our purpose , is a thing which we neither like nor mean to follow . wherefore , that which we take to be generally true concerning the mutability of laws , the same we have plainly delivered , as being perswaded of nothing more then we are of this ; * that whether it be in matter of speculation or of practice , no untruth can possibly avail the patron and defender long , and that things most truly , are like most behovefully spoken . . this we hold and grant for truth , that those very laws which of their own nature are changeable , be notwithstanding uncapable of change , is he which gave them , being of authority so to do , forbid absolutely to change them ; neither may they admit alteration against the will of such a law-maker . albeit therefore we do not finde any cause , why of right there should be necessarily an immutable form set down in holy scripture ; nevertheless , if indeed there have been at any time a church polity so set down , the change whereof the sacred scripture doth forbid ; surely for men to alter those laws which god for perpetuity hath established , were presumption most intolerable . to prove therefore , that the will of christ was to establish laws so permanent and immutable , that in any sort to alter them , cannot but highly offend god. thus they reason ; first , a if moses being but a servant in the house of god , did therein establish laws of government for a perpetuity ; laws , which they that were of the houshold , might not alter : shall we admit into our thoughts , that the son of god hath in providing for this his houshold , declared himself less faithful then moses ; moses delivering unto the jews such laws as were durable , if those be changeable which christ hath delivered unto us , we are not able to avoid it , but ( that which to think were heinous impiety ) we of necessity must confess , even the son of god himself to have been less faithful then moses ? which argument shall need no touchstone to try it by , but some other of the like making . moses erected in the wilderness a tabernacle , which was moveable from place to place : solomon a sumptuous and stately temple , which was not moveable ; therefore solomon was faithfuller then moses , which no man endued with reason will think . and yet by this reason it doth plainly follow . he that will see how faithful the one or other was , must compare the things which they both did , unto the charge which god gave each of them . the apostle in making comparison between our saviour and moses , attributeth faithfulness unto both , and maketh this difference between them ; moses in , but christ over the house of god ; moses in that house which was his by charge and commission , though to govern it , yet to govern it as a servant ; but christ over this house , as being his own intire possession . our lord and saviour doth make protestation , b i have given unto them the words which thou gavest me . faithful therefore he was , and concealed not any part of his fathers will. but did any part of that will require the immutability of laws concerning church polity ? they answer , yea ; for else god should less favor us then the jews . god would not have their churches guided by any laws but his own . and seeing this did so continue even till christ ; now to ease god of that care , or rather to deprive the church of his patronage , what reason have we ? surely none , to derogate any thing from the ancient love which god hath borne to his church . an heathen philosopher there is , who considering how many things beasts have , which men have not , how naked in comparison of them , how impotent , and how much less able we are to shift for our selves a long time after we enter into this world , repiningly concluded hereupon , that nature being a careful mother for them , is towards us a hard-hearted step-dame . no , we may not measure the affection of our gracious god towards his by such differences . for even herein shineth his wisdom , that though the ways of his providence be many , yet the end which he bringeth all at the length unto , is one and the self-same . but if such kinde of reasoning were good , might we not even as directly conclude the very same , concerning laws of secular regiment ? their own words are these ; c in the ancient church of the iews , god did command , and moses commit unto writing , all things pertinent , as well to the civil as to the ecclesiastical state. god gave them laws of civil regiment , and would not permit their commonweal to be governed by any other laws then his own . doth god less regard our temporal estate in this world , or provide for it worse then theirs ? to us notwithstanding , he hath not as to them , delivered any particular form of temporal regiment , unless perhaps , we think as some do , that the grafting of the gentiles , and their incorporating into israel , doth import , that we ought to be subject unto the rites and laws of their whole polity . we see then how weak such disputes are , and how smally they make to this purpose . that christ did not mean to set down particular positive laws for all things , in such sort as moses did , the very different manner of delivering the laws of moses , and the laws of christ , doth plainly shew . moses had commandment to gather the ordinances of god together distinctly , and orderly to set them down according unto their several kindes , for each publick duty and office , the laws that belong thereto , as appeareth in the books themselves written of purpose for that end . contrariwise the laws of christ , we finde rather mentioned by occasion in the writings of the apostles , then any solemn thing directly written to comprehend them in legal sort . again , the positive laws which moses gave , they were given for the greatest part , with restraint to the land of iury : behold , saith moses , i have taught you ordinances and laws , as the lord my god commanded me , that ye should do so even within the land whither ye go to possess it . which laws and ordinances positive , he plainly distinguished afterward from the laws of the two tables which were moral . the lord spake unto you out of the midst of the fire ; ye heard the voice of the words , but saw no similitude , onely a voice . then he declared unto you his covenant which he commanded you to do , the ten commandments , and wrote them upon two tables of stone . and the lord commanded me that same time , that i should teach you ordinances and laws which ye should observe in the land , whither ye go to possess it . the same difference is again set down in the next chapter following . for rehearsal being made of the ten commandments , it followeth immediately . these words the lord spake unto all your multitude in the mount , out of the midst of the fire , the cloud and the darkness , with a great voice , and added no more , and wrote them upon two tables of stone , and delivered them unto me . but concerning other laws , the people give their consent to receive them at the hands of moses . go thou nearer , and hear all that the lord our god saith , and declare thou unto us all that the lord our god saith unto thee , and we will hear it , and do it . the peoples alacrity herein god highly commendeth with most effectual and hearty speech ; i have heard the voice of the words of this people ; they have spoken well . o that there were such an heart in them to fear me , and to keep all my commandments always , that it might go well with them , and with their children for ever ! go , say unto them , return you to your tents : but stand thou here with me , and i will tell thee all the commandments and the ordinances , and the laws which thou shalt teach them , that they may do them in the land which i have given them to possess . from this latter kinde the former are plainly distinguished in many things . they were not both at one time delivered , neither both after one sort , nor to one end . the former uttered by the voice of god himself in the hearing of six hundred thousand men ; the former written with the finger of god ; the former termed by the name of a covenant ; the former given to be kept without either mention of time how long , or of place where . on the other side , the latter given after , and neither written by god himself , nor given unto the whole multitude immediately from god , but unto moses , and from him to them both by word and writing ; finally , the latter termed ceremonies , judgments , ordinances , but no where covenants . the observation of the latter restrained unto the land where god would establish them to inhabite . the laws positive are not framed without regard had to the place and persons , for the which they are made . if therefore almighty god in framing their laws , had an eye unto the nature of that people , and to the countrey where they were to dwell ; if these peculiar and proper considerations were respected in the making of their laws , and must be also regarded in the positive laws of all other nations besides ; then seeing that nations are not all alike , surely the giving of one kinde of positive laws unto one onely people , without any liberty to alter them , is but a slender proof , that therefore one kinde should in like sort be given to serve everlastingly for all . but that which most of all maketh for the clearing of this point , is , * that the jews who had laws , so particularly determining and so fully instructing them in all affairs what to do , were notwithstanding continually inured with causes exorbitant , and such as their laws had not provided for . and in this point much more is granted us then we ask , namely , that for one thing which we have left to the order of the church , they had twenty which were undecided by the express word of god ; and that as their ceremonies and sacraments were multiplied above ours , even so grew the number of those cases which were not determined by any express word . so that if we may devise one law , they by this reason might devise twenty ; and if their devising so many , were not forbidden , shall their example prove us forbidden to devise as much as one law for the ordering of the church ? we might not devise , no not one , if their example did prove , that our saviour hath utterly forbidden all alteration of his laws , in as much as there can be no law devised ; but needs it must either take away from his , or add thereunto more or less , and so make some kinde of alteration : but of this so large a grant , we are content not to take advantage . men are oftentimes in a sudden passion more liberal , then they would be , if they had leisure to take advice : and therefore so bountiful words of course and frank speeches , we are contented to let pass , without turning them to advantage with too much rigor . it may be they had rather be listned unto , when they commend the kings of israel , which attempted nothing in the government of the church , without the express word of god ; and when they urge , that god left nothing in his word undescribed , whether it concerned the worship of god , or outward polity , nothing unset down , and therefore charged them strictly to keep themselves unto that , without any alteration . howbeit seeing it cannot be denied , but that many things there did belong unto the course of their publick affairs , wherein they had no express word at all , to shew precisely what they should do ; the difference between their condition and ours in these cases , will bring some light unto the truth of this present controversie . before the fact of the son of shelomith , there was no law which did appoint any certain punishment for blasphemers : that wretched creature being therefore deprehended in that impiety , was held in ward , till the minde of the lord was known concerning his case . the like practice is also mentioned upon occasion of a breach of the sabbath day . they finde a poor silly creature gathering sticks in the wilderness ; they bring him unto moses and aaron , and all the congregation ; they lay him in hold , because it was not declared what should be done with him , till god had said unto moses , this man shall die the death . the law requireth to keep the sabbath day ; but for the breach of the sabbath what punishment should be inflicted , it did not appoint . such occasions as these , are rare : and for such things as do fall scarce once in many ages of men , it did suffice to take such order as was requisite when they fell . but if the case were such , as being not already determined by law , were notwithstanding likely oftentimes to come into question , it gave occasion of adding laws that were not before . thus it fell out in the case of those men polluted , and of the daughters of zelophehad , whose causes moses having brought before the lord , received laws to serve for the like in time to come . the jews to this end had the oracle of god , they had the prophets . and by such means , god himself instructed them from heaven , what to do in all things that did greatly concern their state , and were not already set down in the law. shall we then hereupon argue even against our own experience and knowledge ? shall we seek to perswade men , that of necessity it is with us , as it was with them , that because god is ours in all respects , as much as theirs , therefore either no such way of direction hath been at any time ; or if it hath been , it doth still continue in the church ; or if the same do not continue , that yet it must be at the least supplied by some such mean as pleaseth us to account of equal force ? a more dutiful and religious way for us , were to admire the wisdom of god , which shineth in the beautiful variety of all things ? but most in the manifold and yet harmonious dissimilitude of those ways , whereby his church upon earth is guided from age to age throughout all generations of men. the jews were necessarily to continue till the coming of christ in the flesh , and the gathering of nations unto him . so much the promise made unto abraham did import . so much the prophesie of iacob at the hour of his death did foreshew . upon the safety therefore of their very outward state and condition for so long , the after good of the whole world , and the salvation of all did depend . unto their so long safety , for two things it was necessary to provide , namely , the preservation of their state against foreign resistance , and the continuance of their peace within themselves . touching the one , as they received the promise of god to be the rock of their defence , against which , who so did violently rush , should but bruise and batter themselves ; so likewise they had his commandment in all their affairs that way , to seek direction and counsel from him . mens consultations are always perillous . and it falleth out many times , that after long deliberation , those things are by their wit even resolved on , which by trial are found most opposite to publick safety . it is no impossible thing for states , be they never so well established , yet by over-sight in some one act or treaty between them , and their potent opposites , utterly to cast away themselves for ever . wherefore lest it should so fall out to them , upon whom so much did depend ; they were not permitted to enter into war , not conclude any league of peace , nor to wade through any act of moment between them and foreign states , unless the oracle of god , or his prophets , were first consulted with . and lest domestical disturbance should waste them within themselves , because there was nothing unto this purpose more effectual , then if the authority of their laws and governors were such , as none might presume to take exception against it , or to shew disobedience unto it , without incurring the hatred and detestation of all men that had any spark of the fear of god ; therefore he gave them even their positive laws from heaven , and as oft as occasion required , chose in like sort rulers also to lead and govern them . notwithstanding some desperately impious there were , which adventured to try what harm it could bring upon them , if they did attempt to be authors of confusion , and to resist both governors and laws . against such monsters god maintained his own , by fearful execution of extraordinary judgment upon them . by which means it came to pass , that although they were a people infested and mightily hated of all others throughout the world , although by nature hard-hearted , querulous , wrathful , and impatient of rest and quietness ; yet was there nothing of force , either one way or other , to work the ruine and subversion of their state , till the time before mentioned was expired . thus we see that there was no cause of dissimilitude in these things , between that one onely people before christ , and the kingdoms of the world since . and whereas it is further alledged , that albeit in civil matters and things pertaining to this present life , god hath used a greater particularity with them , then amongst us , framing laws according to the quality of that people and countrey ; yet the leaving of us at greater liberty in things civil , is so far from proving the like liberty in things pertaining to the kingdom of heaven , that it rather proves a straiter bond . for even as when the lord would have his favor more appear by temporal blessings of this life , towards the people under the law , then towards us , he gave also politick laws most exactly , whereby they might both most easily come into , and most stedfastly remain in possession of those earthly benefits : even so at this time , wherein he would not have his favor so much esteemed by those outward commodities , it is required , that as his care inprescribing laws for that purpose hath somewhat faln , in leaving them to mens consultations , which may be deceived ; so his care for conduct and government of the life to come , should ( if it were possible ) rise , in leaving less to the order of men then in times past . these are but weak and feeble disputes for the inference of that conclusion which is intended . for saving onely in such consideration as hath been shewed , there is no cause wherefore we should think god more desirous to manifest his savor by temporal blessings towards them , then towards us . godliness had unto them , and it hath also unto us , the promises both of this life , and the life to come . that the care of god hath faln in earthly things , and therefore should rise as much in heavenly ; that more is left unto mens consultations in the one , and therefore less must be granted in the other ; that god having used a greater particularity with them then with us , for matters pertaining unto this life , is to make us amends by the more exact delivery of laws for government of the life to come . these are proportions , whereof if there be any rule , we must plainly confess that which truth is , we know it not . god which spake unto them by his prophets , hath unto us by his onely begotten son ; those mysteries of grace and salvation which were but darkly disclosed unto them , have unto us more clearly shined . such differences between them and us , the apostles of christ have well acquainted us withal . but as for matter belonging to the outward conduct or government of the church ; seeing that even in sense it is manifest , that our lord and saviour hath not by positive laws descended so far into particularities with us , as moses with them ; neither doth by extraordinary means , oracles , and prophets , direct us , as them he did , in those things which rising daily by new occasions , are of necessity to be provided for ; doth it not hereupon rather follow , that although not to them , yet to us there should be freedom and liberty granted to make laws ? yea , but the apostle st. paul doth fearfully charge timothy , beforepontius pilate , to keep what was commanded him , safe and sound till the appearance of our lord iesus christ. this doth exclude all liberty or changing the laws of christ , whether by abrogation or addition , or howsoever : for in timothy the whole church of christ receiveth charge concerning her duty . and that charge is to keep the apostles commandment ; and his commandment did contain the laws that concerned church government : and those laws he straightly requireth to be observed without breach or blame , till the appearance of our lord jesus christ. in scripture we grant every one mans lesson , to be the common instruction of all men , so far forth as their cases are like , and that religiously to keep the apostles commandments in whatsoever they may concern us , we all stand bound . but touching that commandment which timothy was charged with , we swerve undoubtedly from the apostles precise meaning , if we extend it so largely that the arms thereof shall reach unto all things which were commanded him by the apostle . the very words themselves do restrain themselves unto some special commandment among many . and therefore it is not said , keep the ordinances , laws , and constitutions which thou hast received ; but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that great commandment , which doth principally concern thee and thy calling : that commandment which christ did so often inculcate unto peter ; that commandment unto the careful discharge whereof they of ephesus are exhorted , attend to your selves , and to all the flock , wherein the holy ghost hath placed you bishops , to feed the church of god , which he hath purchased by his own blood : finally , that commandment which unto the same timothy is by the same apostle , even in the same form and manner afterwards again urged , i charge thee in the sight of god and the lord iesus christ , which will judge the quick and dead at his appearance , and in his kingdom , preach the word of god. when timothy was instituted in that office , then was the credit and trust of this duty committed unto his faithful care . the doctrine of the gospel was then given him , as the precious talent or treasure of iesus christ ; then received he for performance of this duty , the special gift of the holy ghost . to keep this commandment immaculate and blameless , was to teach the gospel of christ without mixture of corrupt and unsound doctrine ; such as a number , even in those times , intermingled with the mysteries of christian belief . till the appearance of christ to keep it so , doth not import the time wherein it should be kept , but rather the time whereunto the final reward for keeping it was reserved ; according to that of st. paul concerning himself , i have kept the faith ; for the residue , there is laid up for me a crown of righteousness , which the lord the righteous iudge , shall in that day render unto me . if they that labor in this harvest , should respect but the present fruit of their painful travel , a poor encouragement it were unto them , to continue therein all the days of their life . but their reward is great in heaven ; the crown of righteousness which shall be given them in that day , is honorable . the fruit of their industry then shall they reap with full contentment and satisfaction , but not till then . wherein the greatness of their reward is abundantly sufficient to countervail the tediousness of their expectation . wherefore till then , they that are in labor , must rest in hope . o timothy , keep that which is committed unto thy charge ; that great commandment which thou hast received , keep , till the appearance of our lord jesus christ. in which sense , although we judge the apostles words to have been uttered ; yet hereunto we do not require them to yield , that think any other construction more sound . if therefore it be rejected , and theirs esteemed more probable , which hold , that the last words do import perpetual observation of the apostles commandment , imposed necessarily for ever upon the militant church of christ : let them withal consider , that then his commandment cannot so largely be taken , to comprehend whatsoever the apostle did command timothy . for themselves do not all binde the church unto some things , whereof timothy received charge , as namely , unto that precept concerning the choice of widows . so as they cannot hereby maintain , that all things positively commanded concerning the affairs of the church , were commanded for perpetuity . and we do not deny that certain things were commanded to be , though positive , yet perpetual in the church . they should not therefore urge against us places that seem to forbid change , but rather such as set down some measure of alteration ; which measure , if we have exceeded , then might they therewith charge us justly : whereas now they themselves both granting , and also using liberty to change , cannot in reason dispute absolutely against all change . christ delivered no inconvenient , or unmeet laws : sundry of ours they hold inconvenient . therefore such laws they cannot possibly hold to be christs . being not his , they must of necessity grant them added unto his . yet certain of those very laws so added , they themselves do not judge unlawful ; as they plainly confess , both in matter of prescript attire , and of rites appertaining to burial . their own protestations are , that they plead against the inconvenience , not the unlawfulness of popish apparel ; and against the inconvenience , not the unlawfulness of ceremonies in burial . therefore they hold it a thing not unlawful to add to the laws of jesus christ ; and so consequently they yield , that no law of christ forbiddeth addition unto church laws . the judgment of calvin being alledged against them , to whom , of all men , they attribute most ; whereas his words be plain , that for ceremonies and external discipline , the church hath power to make laws : the answer which hereunto they make , is , that indefinitely the speech is true , and that so it was meant by him ; namely , that some things belonging unto external discipline and ceremonies , are in the power and arbitrement of the church ; but neither was it meant , neither is it true generally , that all external discipline , and all ceremonies , are left to the order of the church , in as much as the sacraments of baptism , and the supper of the lord are ceremonies , which yet the church may not therefore abrogate . again , excommunication is a part of external discipline , which might also be cast away ; if all external discipline were arbitrary , and in the choice of the church . by which their answer it doth appear , that touching the names of ceremony and external discipline , they gladly would have us so understood , as if we did herein contain a great deal more then we do . the fault which we finde with them , is , that they over-much abridge the church of her power in these things . whereupon they recharge us , as if in these things we gave the church a liberty , which hath no limits or bounds ; as if all things which the name of discipline containeth , were at the churches free choice . so that we might either have church governors and government , or want them ; either retain or reject church censures as we lift . they wonder at us as at men which think it so indifferent what the church doth in matter of ceremonies , that it may be feared lest we judge the very sacraments themselves to be held at the churches pleasure . no , the name of ceremonies we do not use in so large a meaning , as to bring sacraments within the compass and reach thereof ; although things belonging unto the outward form and seemly administration of them , are contained in that name , even as we use it . for the name of ceremonies we use as they themselves do , when they speak after this sort : the doctrine and discipline of the church , as the weightiest things , ought especially to be looked unto ; but the ceremonies also , as mint and cummin , ought not to be neglected . besides , in the matter of external discipline , or regiment it self , we do not deny but there are some things whereto the church is bound till the worlds end . so as the question is onely , how far the bounds of the churches liberty do reach . we hold , that the power which the church hath lawfully to make laws and orders for it self , doth extend unto sundry things of ecclesiastical jurisdiction , and such other matters , whereto their opinion is , that the churches authority and power doth not reach . whereas therefore in disputing against us about this point , they take their compass a great deal wider then the truth of things can afford , producing reasons and arguments by way of generality , to prove , that christ hath set down all things belonging any way unto the form of ordering his church , and hath obsolutely forbidden change by addition or diminution , great or small ( for so their manner of disputing is : ) we are constrained to make our defence , by shewing , that christ hath not deprived his church so far of all liberty , in making orders and laws for it self , and that they themselves do not think he hath so done . for are they able to shew that all particular customs , rites , and orders of reformed churches , have been appointed by christ himself ? no ; they grant , that in matter of circumstance they alter that which they have received ; but in things of substance , they keep the laws of christ without change . if we say the same in our own behalf ( which surely we may do with a great deal more truth ) then must they cancel all that hath been before alledged , and begin to enquire afresh , whether we retain the laws that christ hath delivered concerning matters of substance , yea , or no. for our constant perswasion in this point is as theirs , that we have no where altered the laws of christ , further then in such particularities onely , as have the nature of things changeable according to the difference of times , places , persons , and other the like circumstances . christ hath commanded prayers to be made , sacraments to be ministred , his church to be carefully taught and guided . concerning every of these , somewhat christ hath commanded , which must be kept till the worlds end . on the contrary side , in every of them , somewhat there may be added , as the church shall judge it expedient . so that if they will speak to purpose , all which hitherto hath been disputed of , they must give over , and stand upon such particulars onely , as they can shew we have either added or abrogated , otherwise then we ought in the matter of church poli●y . whatsoever christ hath commanded for ever to be kept in his church , the same we take not upon us to abrogate ; and whatsoever our laws have thereunto added besides , of such quality we hope it is , as no law of christ doth any where condemn . wherefore , that all may be laid together , and gathered into a narrow room . first , so far forth as the church is the mystical body of christ , and his invisible spouse , it needeth no external polity . that very part of the law divine , which teacheth faith and works of righteousness , is it self alone sufficient for the church of god in that respect . but as the church is a visible society , and body politick , laws of polity it cannot want . secondly , whereas therefore is cometh in the second place to be enquired , what laws are fitest and best for the church ; they who first embraced that rigorous and strict opinion , which depriveth the church of liberty , to make any kinde of law for her self , inclined ( as it should seem ) thereunto ; for that they imagined all things which the church doth without commandment of holy scripture , subject to that reproof which the scripture it self useth in certain cases , when divine authority ought alone to be followed . hereupon they thought it enough for the cancelling of any kinde of order whatsoever to say , the word of god teacheth it not , it is a device of the brain of man , away with it therefore out of the church . st. augustine was of another minde , who speaking of fasts on the sunday , saith , that he which would chuse out that day to fast on , should give thereby no small offence to the church of god , which had received a contrary custom . for in these things , whereof the scripture appointeth no certainty , the use of the people of god , or the ordinances of our fathers , must serve for a law. in which case , if we will dispute , and condemn one sort by anothers custom , it will be but matter of endless contention ; where , for as much as the labor of reasoning , shall hardly be at into mens heads any certain or necessary truth , surely it standeth us upon to take heed , lest with the tempest of strife , the brightness of charity and love be darkned . if all things must be commanded of god , which may be practised of his church , i would know what commandment the gileadites had to erect that altar which is spoken of in the book of ioshua . did not congruity of reason enduce them thereunto , and suffice for defence of their fact ? i would know what commandment the women of israel had yearly to mourn and lament in the memory of ieph●hahs daughter ; what commandment the iews had to celebrate their feast of dedication never spoken of in the law , yet solemnized even by our saviour himself ; what commandment , finally , they had for the ceremony of odors used about the bodies of the dead , after which custom notwithstanding sith it was their custom ) our lord was contented , that his own most precious body should be intombed . wherefore to reject all orders of the church which men have established , is to think worse of the laws of men in this respect , then either the judgment of wise men alloweth , or the law of god it self will bear . howbeit , they which had once taken upon them to condemn all things done in the church , and not commanded of god to be done , saw it was necessary for them ( continuing in defence of this their opinion ) to hold , that needs there must be in scripture set down a compleat particular form of church polity , a form prescribing how all the affairs of the church must be ordered , a form in no respect lawful to be altered by mortal men. for reformation of which over-sight and error in them , there were that thought it a part of christian love and charity to instruct them better , and to open unto them the difference between matters of perpetual necessity to all mens salvation , and matters of ecclesiastical polity : the one both fully and plainly taught in holy scripture ; the other not necessary to be in such sort there prescribed : the one not capable of any diminution or augmentation at all by men , the other apt to admit both . hereupon the authors of the former opinion were presently seconded by other wittier and better learned , who being loth that the form of church polity which they sought to bring in , should be otherwise then in the highest degree accounted of , took first an exception against the difference between church polity and matters of necessity to salvation . secondly , against the restraint of scripture , which ( they say ) receiveth injury at our hands , when we teach that it teacheth not as well matters of polity , as of faith and salvation . thirdly , constrained thereby we have been therefore , both to maintain that distinction , as a thing not onely true in it self , but by them likewise so acknowledged , though unawares . fourthly , and to make manifest that from scripture , we offer not to derogate the least thing that truth thereunto doth claim , in as much as by us it is willingly confest , that the scripture of god is a store-house abounding with inestimable treasures of wisdom and knowledge in many kindes , over and above things in this one kinde barely necessary ; yea , even that matters of ecclesiastical polity are not therein omitted , but taught also , albeit not so taught as those other things before mentioned . for so perfectly are those things taught , that nothing ever can need to be added , nothing ever cease to be necessary : these on the contrary side , as being of a far other nature and quality , not so strictly nor everlastingly commanded in scripture ; but that unto the compleat form of church polity , much may be requisite , which the scripture teacheth not ; and much which it hath taught , become unrequisite , sometime because we need not use it , sometimes also because we cannot . in which respect , for mine own part , although i see that certain reformed churches , the scotish especially and french , have not that which best agreeth with the sacred scripture , i mean the government that is by bishops , in as much as both those churches are faln under a different kinde of regiment ; which to remedy it , is for the one altogether too late , and too soon for the other , during their present affliction and trouble : this their defect and imperfection i had rather lament in such a case then exagitate , considering that men oftentimes without any fault of their own , may be driven to want that kinde of polity or regiment which is best ; and to content themselves with that , weich either the irremediable error of former times , or the necessity of the present hath cast upon them . fifthly , now , because that position first mentioned , which holdeth it necessary that all things which the church may lawfully do in her own regiment be commanded in holy scripture , hath by the latter defenders thereof been greatly qualified ; who , though perceiving it to be over-extream , are notwithstanding loth to acknowledge any oversight therein , and therefore labor what they may to salve it up by construction ; we have for the more perspicuity delivered what was thereby meant at the first . sixthly , how injurious a thing it were unto all the churches of god for men to hold it in that meaning . seventhly , and how unperfect their interpretations are , who so much labor to help it , either by dividing commandments of scripture into two kindes , and so defending , that all things must be commanded , if not in special , yet in general precepts . eightly , or by taking it as meant , that in case the church do devise any new order , she ought therein to follow the direction of scripture onely , and not any star-light of mans reason . ninethly , both which evasions being cut off , we have in the next place declared after what sort the church may lawfully frame to her self laws of polity , and in what reckoning such positive laws both are with god , and should be with men. tenthly , furthermore , because to abridge the liberty of the church in this behalf , it hath been made a thing very odious , that when god himself hath devised some certain laws , and committed them to sacred scripture , man by abrogation , addition , or any way , should presume to alter and change them ; it was of necessity to be examined , whether the authority of god in making , or his care in committing those his laws unto scripture , be sufficient arguments to prove , that god doth in no case allow they should suffer any such kinde of change . eleventhly , the last refuge for proof , that divine laws of christian church polity may not be altered , by extinguishment of any old , or addition of new in that kinde , is partly a marvellous strange discourse , that christ ( unless he would shew himself not so faithful as moses , or not * so wise as lycurgus and solon ) must needs have set down in holy scripture , some certain , compleat , and unchangeable form of polity ; and partly a coloured shew of some evidence , where change of that sort of laws may seem expresly forbidden , although in truth nothing less be done . i might have added hereunto their more familiar and popular disputes , as , the church is a city , yea , the city of the great king , and the life of a city , is polity : the church is the house of the living god ; and what house can there be without some order for the government of it ? in the royal house of a prince , there must be officers for government , such as not any servant in the house but the prince , whose the house is , shall judge convenient : so the house of god must have orders for the government of it , such as not any of the houshold , but god himself hath appointed . it cannot stand with the love and wisdom of god , to leave such order untaken , as is necessary for the due government of his church . the numbers , degrees , orders , and attire of solomons servants , did shew his wisdom ; therefore he which is greater then solomon , hath not failed to leave in his house such orders for government thereof , as may serve to be as a looking-glass for his providence , care , and wisdom to be seen in . that little spark of the light of nature which remaineth in us , may serve us for the affairs of this life : but as in all other matters concerning the kingdom of heaven , so principally in this which concerneth the very government of that kingdom , needful it is we should be taught of god. as long as men are perswaded of any order , that it is onely of men , they presume of their own understanding , and they think to devise another , not onely as good , but better then that which they have received . by severity of punishment , this presumption and curiosity may be restrained . but that cannot work such chearful obedience as is yielded , where the conscience hath respect to god as the author of laws and orders . this was it which countenanced the laws of moses , made concerning outward polity for the administration of holy things . the like some law-givers of the heathens did pretend , but falsly ; yet wisely discerning the use of this perswasion . for the better obedience sake therefore it was expedient , that god should be author of the polity of his church . but to what issue doth all this come ? a man would think that they which hold out with such discourses , were of nothing more fully perswaded then of this , that the scripture hath set down a compleat form of church polity , universal , perpetual , altogether unchangeable . for so it would follow , if the premises were sound and strong to such effect as is pretended . notwithstanding , they which have thus formally maintained argument in defence of the first oversight , are by the very evidence of truth , themselves constrained to make this in effect their conclusion , that the scripture of god hath many things concerning church polity ; that of those many , some are of greater weight , some of less ; that what hath been urged as touching immutability of laws , it extendeth in truth no further then onely to laws wherein things of greater moment are prescribed . now these things of greater moment , what are they ? forsooth , doctors , pastors , lay-elders , elderships compounded of these three : synods , consisting of many elderships , deacons , women church-servants , or widows ; free consent of the people unto actions of greatest moment , after they be by churches or synods orderly resolved . all this form of polity ( if yet we may term that a form of building , when men have laid a few rafters together , and those not all of the foundest neither ) but howsoever , all this form they conclude is prescribed in such sort , that to adde to it any thing as of like importance ( for so i think they mean ) or to abrogate of it any thing at all , is unlawful . in which resolution , if they will firmly and constantly persist , i see not but that concerning the points which hitherto have been disputed of , they must agree , that they have molested the church with needless opposition ; and henceforward , as we said before , betake themselves wholly unto the tryal of particulars , whether every of those things which they esteem as principal , be either so esteemed of , or at all established for perpetuity in holy scripture ; and whether any particular thing in our church polity be received other then the scripture alloweth of , either in greater things , or in smaller . the matters wherein church polity is conversant , are the publick religious duties of the church , as the administration of the word and sacraments , prayers , spiritual censures , and the like . to these the church standeth always bound . laws of polity , are laws which appoint in what manner these duties shall be performed . in performance whereof , because all that are of the church cannot joyntly and equally work , the first thing in polity required , is , a difference of persons in the church , without which difference those functions cannot in orderly sort be executed . hereupon we hold , that gods clergy are a state , which hath been and will be , as long as there is a church upon earth , necessarily by the plain word of god himself ; a state whereunto the rest of gods people must be subject , as touching things that appertain to their souls health . for where polity is , it cannot but appoint some to be leaders of others , and some to be led by others . if the blinde lead the blinde , they both perish . it is with the clergy , if their persons be respected , even as it is with other men ; their quality many times far beneath that which the dignity of their place requireth . howbeit , according to the order of polity , they being the lights of the world , others ( though better and wiser ) must that way be subject unto them . again , for as much as where the clergy are any great multitude , order doth necessarily require that by degrees they be distinguished ; we hold , there have ever been , and ever ought to be in such case , at leastwise , two sorts of ecclesiastical persons , the one subordinate unto the other ; as to the apostles in the beginning , and to the bishops always since , we finde plainly both in scripture , and in all ecclesiastical records , other ministers of the word and sacraments have been . moreover , it cannot enter into any mans conceit to think it lawful , that every man which listeth , should take upon him charge in the church ; and therefore a solemn admittance is of such necessity , that without it there can be no church polity . a number of particularities there are , which make for the more convenient being of these principal and perpetual parts in ecclesiastical polity , but yet are not of such constant use and necessity in gods church . of this kinde are , times and places appointed for the exercise of religion ; specialties belonging to the publick solemnity of the word , the sacraments and prayer ; the enlargement or abridgement of functions ministerial , depending upon those two principals beforementioned . to conclude , even whatsoever doth by way of formality and circumstance concern any publick action of the church . now although that which the scripture hath of things in the former kinde be for ever permanent ; yet in the latter , both much of that which the scripture teacheth , is not always needful ; and much the church of god shall always need which the scripture teacheth not . so as the form of polity by them set down for perpetuity , is three ways faulty . faulty in omitting some things which in scripture are of that nature , as namely , the difference that ought to be of pastors , when they grow to any great multitude : faulty in requiring doctors , deacons , widows , and such like , as things of perpetual necessity by the law of god , which in truth are nothing less : faulty also in urging some things by scripture immutable ; as their lay-elders , which the scripture neither maketh immutable , nor at all teacheth , for any thing either we can as yet finde , or they have hitherto been able to prove . but hereof more in the books that follow . as for those marvellous discourses , whereby they adventure to argue , that god must needs have done the thing which they imagine was to be done : i must confess , i have often wondred at their exceeding boldness herein . when the question is , whether god have delivered in scripture ( as they affirm he hath ) a compleat particular immutable form of church polity ; why take they that other , both presumptuous and superfluous labor , to prove he should have done it ; there being no way in this case to prove the deed of god , saving onely by producing that evidence wherein he hath done it ? but if there be no such thing apparent upon record , they do as if one should demand a legacy by force and vertue of some written testament , wherein there being no such thing specified , he pleadeth , that there it must needs be , and bringeth arguments from the love or good will which always the testator bore him , imagining , that these or the like proofs will convict a testament to have that in it , which other men can no where by reading finde . in matters which concern the actions of god , the most dutiful way on our part , is to search what god hath done , and with meekness to admire that , rather then to dispute what he in congruity of reason ought to do . the ways which he hath whereby to do all things for the greatest good of his church , are more in number then we can search , other in nature , then that we should presume to determine which of many should be the fittest for him to chuse , till such time as we see he hath chosen of many some one ; which one , we then may boldly conclude to be the fittest , because he hath taken it before the rest . when we do otherwise , surely we exceed our bounds ; who , and where weare , we forget . and therefore needful it is , that our pride in such cases be contrould , and our disputes beaten back with those demands of the blessed apostle , how unsearchable are his iudgments , and his ways past finding out ? who hath known the minde of the lord , or who was his counsellor ? of the laws of ecclesiastical polity . book iv. concerning their third assertion , that our form of church-politie is corrupted with popish orders , rites , and ceremonies , banished out of certain reformed churches , whose example therein we ought to have followed . the matter contained in this fourth book . . how great use ceremonies have in the church . . the first thing they blame in the kinde of our ceremonies , is , that we have not in them ancient apostolical simplicity , but a greater pomp and stateliness . . the second , that so many of them are the same which the church of rome useth , and the reasons which they bring to prove them for that cause blame-worthy . . how when they go about to expound what popish ceremonies they mean , they contradict their own argument against popish ceremonies . . an answer to the argument , whereby they would prove , that sith we allow the customs of our fathers to be followed , we therefore may not allow such customs as the church of rome hath , because we cannot account of them which are in that church as of our fathers . . to their allegation , that the course of gods own wisdom doth make against our conformity with the church of rome in such things . . to the example of the eldest church which they bring for the same purpose . . that it is not our best politie ( as they pretend it is ) for establishment of sound religion , to h●ve in these things no agreement with the church of rome being unsound . . that neither the papists upbraiding us as furnished out of their store , nor any hope which in that respect they are said to conceive , doth make any more against our ceremonies then the former allegations have done . . the grief , which they say , godly brethren conceive , at such ceremonies as we have c●●●men with the church of rome . . the third thing , for which they reprove a great part of our ceremonies is , for that as we have them from the church of rome , so that church had them from the jews . . the fourth , for that sundry of them have been ( they say ) abused unto i●●aery , and ar● by that mean become scandalous . . the fifth , for that we retain them still , notwithstanding the example of certain churches reformed before us , which have cast them out . . a declaration of the proceedings of the church of england , ●or the establisement of things as they are . such was the ancient simplicity and softness of spirit , which sometimes prevailed in the world , that they whose words were even as oracles amongst men , seemed evermore loth to give sentence against any thing publiquely received in the church of god , except it were wonderful apparently evil ; for that they did not so much encline to that seventy , which delighteth to reprove the least things in seeth amiss ; as to that charity , which is unwilling to behold any thing that duty bindeth it to reprove . the state of this present age , wherein zeal hath drowned charity , and skill meekness , will not now suffer any man to marvel , whatsoever he shall hear reproved , by whomsoever . those rites and ceremonies of the church therefore , which are the self-same now , that they were , when holy and vertuous men maintained them against profane and deriding adversaries , her own children have at this day in de●ision . whether justly or no , it shall then appear , when all things are heard , which they have to alledge against the outward received orders of this church . which inasmuch as themselves do compare unto mint and cummin , granting them to be no part of those things , which in the matter of polity are weightier , we hope that for small things their strife will neither be earnest no● long . the fifting of that which is objected against the orders of the church in particular , doth not belong unto this place . here we are to discuss onely those general exceptions , which have been taken at any time against them . first , therefore to the end that their nature and use , whereunto they serve may plainly appear , and so afterwards their quality the better be discerned ; we are to note , that in every grand or main publique duty , which god requireth at the hands of his church , there is , besides that matter and form wherein the essence thereof consisteth , a certain outward fashion , whereby the same is in decent sort administred . the substance of all religious actions is delivered from god himself in few words . for example sake in the sacraments , unto the element let the word be added ; and they both do make a sacrament , saith s. augustine . baptism is given by the element of water , and that prescript form of words , which the church of christ doth use ; the sacrament of the body and blood of christ is administred in the elements of bread and wine , if those mystical words be added thereunto . but the due and decent form of administring those holy sacraments , doth require a great deal more . the end which is aimed at in setting down the outward form of all religious actions , is the edification of the church . now men are edified , when either their understanding is taught somewhat whereof in such actions it behoveth all men to consider , or when their hearts are moved with any affection suitable thereunto ; when their mindes are in any sort stirred up unto that reverence , devotion , attention , and due regard , which in those cases seemeth requisite . because therefore unto this purpose not onely speech , but sundry sensible means besides have always been thought necessary , and especially those means which being object to the eye , the liveliest and the most apprehensive sense of all other , have in that respect seemed the sittest to make a deep and strong impression ; from hence have risen not only a number of prayers , readings , questionings , exhortings , but even of visible signs also , which being used in perfomance of holy actions , are undoubtedly most effectual to open such matter , as men when they know and remember carefully , must needs be a great deal the better informed to what effect such duties serve . we must not think but that there is some ground of reason even in nature , whereby it cometh to pass , that no nation under heaven either doth or ever did suffer publike actions which are of weight , whether they be civil and temporal , or else spiritual and sacred , to pass without some visible solemnity : the very strangeness whereof , and difference from that which is common doth cause popular eyes to observe and to mark the same . words , both because they are common , and do not so strongly move the phansie of man , are for the most part but slightly heard ; and therefore with singular wisdom it hath been provided , that the deeds of men which are made in the presence of witnesses , should pass not only with words , but also with certain sensible actions , the memory whereof is far more easie and durable then the memory of speech can be . the things which so long experience of all ages hath confirmed and made profitable , let not us presume to condemn as follies and toys , because we sometimes know not the cause and reason of them . a wit disposed to scorn whatsoever it doth not conceive , might ask wherefore abraham should say to his servant , put thy hand under my thigh , and swear : was it not sufficient for his servant to shew the religion of an oath , by naming the lord god of heaven and earth , unless that strange ceremony were added ? in contracts , bargains and conveyances , a mans word is a token sufficient to express his will. yet this was the ancient manner in israel concerning redeeming and exchanging , to establish all things ; a man did pluck off his shoe , and gave it to his neighbour ; and this was a sure witness in israel . amongst the romans in their making of a bondman free , was it not wondred wherefore so great a do should be made ? the master to present his slave in some court , to take him by the hand , and not only to say in the hearing of the publike magistrate , i will that this man become free ; but after these solemn words uttered , to strike him on the cheek , to turn him round , the hair of his head to be shaved off , the magistrate to touch him thrice with a rod , in the end a cap and a white garment to be given him : to what purpose all this circumstance ? among the hebrews how strange and in outward appearance almost against reason , that he which was minded to make himself a perpetual servant , should not only testifie so much in the presence of the judge , but for a visible token thereof have also his ear bored thorow with an awl ? it were an infinite labour to prosecute these things so far as they might be exemplified both in civil and religious actions . for in both they have their necessary use and force . a these sensible things which religion hath allowed , are resemblances framed according to things spiritually understood , whereunto they serve as a hand to lead , and a way to direct . and whereas it may peradventure be objected , that to add to religious duties , such rites and ceremonies as are significant , is to institute new sacraments : sure i am they will not say , that numa pompilius did ordain a sacrament ; a significant ceremony he did ordain , in commanding the priests b to execute the work of their divine service with their hands as far as to the fingers covered ; thereby signifying that fidelity must be defended , and that mens right hands are the sacred seat thereof . again , we are also to put them in minde , that themselves do not hold all significant ceremonies , for sacraments , inasmuch as imposition of hands they deny to be a sacrament , and yet they give thereunto a forcible signification . for concerning it their words are these , c the party ordained by this ceremony , was put in minde of his separation to the work of the lord , that remembring himself to be taken as it were with the hand of god from amongst others , this might teach him not to account himself now his own , nor to do what himself listeth ; but to consider that god hath set him about a work , which if he will discharge and accomplish , he may at the hands of god assure himself of reward ; and , if otherwise , of revenge . touching significant ceremonies , some of them are sacraments , some as sacaments onely . sacraments are those , which are signs and tokens of some general promised grace , which always really descendeth from god unto the soul that duly receiveth them : other significant tokens are only as sacraments , yet no sacraments : which is not our distinction , but theirs . for concerning the apostles imposition of hands , these are their own words , magnum signum hoc & quasi sacramentum usurparunt ; they used this sign , or as it were sacrament . concerning rites and ceremonies , there may be fault , either in the kinde or in , the number and multitude of them . the first thing blamed about the kinde of ours , is , that in many things we have departed from the ancient simplicity of christ and his apostles ; we have imbraced more outward stateliness , we have those orders in the exercise of religion , which they who best pleased god , and served him most devoutly never had . for it is out of doubt , that the first state of things was best , that in the prime of christian religion faith was foundest , the scriptures of god were then best understood by all men , all parts of godliness did then most abound ; and therefore it must needs follow , that customs , laws , and ordinances devised since , are not so good for the church of christ ; but the best way is to cut off later inventions , and to reduce things unto the ancient state wherein at the first they were . which rule or canon we hold to be either uncertain , or at least wise unsufficient , if not both . for in case it be certain , hard it cannot be for them to shew us , where we shall find it so exactly set down , that we may say without all controversie , these were the orders of the apostles times , these wholly and onely , neither fewer nor more then these . true it is that many things of this nature be alluded unto , yea many things declared , and many things necessariy collected out of the apostles writings . but is it necessary that all the orders of the church which were then in use , should be contained in their books ? surely no. for if the tenor of their writings be well observed , it shall unto any man easily appear , that no more of them are there touched , then were needfull to be spoken of sometimes by one occasion , and sometimes by another . will they allow then of any other records besides ? well assured i am they are far enough from acknowledging that the church ought to keep any thing as apostolical , which is not found in the apostles writings , in what other records soever it be found . and therefore whereas st. augustine affirmeth , that those things which the whole church of christ doth hold , may well be thought to be apostolical , although they be not found written ; this his judgement they utterly condemn . i will not here stand in defence of s. augustines opinion , which is , that such things are indeed apostolical ; but yet with this exception , unless the decree of some general councel have haply caused them to be received ; for of positive laws and orders received throughout the whole christian world , s. augustine could imagine no other fountain save these two . but to let pass s. augustine , they who condemn him herein , must needs confess it a very uncertain thing what the orders of the church were in the apostles times , seeing the scriptures doe not mention them all , and other records thereof besides they utterly reject . so that in tying the church to the orders of the apostles times , they tye it to a marvellous uncertain rule ; unless they require the observation of no orders but only those which are known to be apostolical by the apostles own writings . but then is not this their rule of such sufficiency , that we should use it as a touchstone to try the orders of the church by for ever ? our end ought always to be the same ; our ways and means thereunto not so . the glory of god , and the good of the church was the thing which the apostles aimed at , and therefore ought to be the mark whereat we also level . but seeing those rites and orders may be at one time more , which at another are less available unto that purpose : what reason is there in these things to urge the state of our only age , as a pattern for all to follow ? it is not , i am right sure , their meaning , that we should now assemble our people to serve god in close and secret meetings ; or that common brooks or rivers should be used for places of baptism ; or that the eucharist should be ministred after meat ; or that the custom of church-feasting should be renewed : or that all kind of standing provision for the ministry should be utterly taken away , and their estate made again dependent upon the voluntary devotion of men . in these things they easily perceive how unfit that were for the present , which was for the first age convenient enough . the faith , zeal , and godliness of former times is worthily had in honour ; but doth this prove that the orders of the church of christ must be still the self-same with theirs , that nothing may be which was not then , or that nothing which then was may lawfully since have ceased ? they who recall the church unto that which was at the first , must necessarily set bounds and limits unto their speeches . if any thing have been received repugnant unto that which was first delivered , the first things in this case must stand , the last give place unto them . but where difference is without repugnancy , that which hath been can be no prejudice to that which is . let the state of the people of god when they were in the house of bondage , and their manner of serving god in a strange land , be compared with that which canaan and ierusalem did afford , and who seeth not what huge difference there was between them ? in egypt it may be , they were right glad to take some corner of a poor cottage , and there to serve god upon their knees , peradventure covered in dust and straw sometimes . neither were they therefore the less accepted of god ; but he was with them in all their afflictions , and at the length by working of their admirable deliverance , did testifie that they served him not in vain . notwithstanding in the very desert they are no sooner possest of some little thing of their own , but a tabernacle is required at their hands . being planted in the land of canaan , and having david to be their king , when the lord had given him rest from all his enemies , it grieved his religious mind to consider the growth of his own estate and dignity , the affairs of religion continuing still in the former manner : behold , now i dwell in the house of cedar trees , and the ark of god remaineth still within curtains . what he did purpose , it was the pleasure of god that solomon his son should perform , and perform it in manner suitable unto their present , not their antient estate and condition . for which cause solomon writeth unto the king of tyrus : the house which i build is great and wonderful ; for great is our god above all gods . whereby it clearly appeareth , that the orders of the church of god may be acceptable unto him , as well being framed suitable to the greatness and dignity of latter , as when they keep the reverend simplicity o● antienter times . such dissimilitude therefore between us and the apostles of christ , in the order of some outward things , is no argument of default . . yea , but we have framed our selves to the customs of the church of rome , our orders and ceremonies are papistical . it is espyed that our church-founders were not so-careful as in this matter they should have been , but contented themselves with such discipline as they took from the church of rome . their error we ought to reform by abolishing all popish orders . there must be no communion nor fellowship with papists , neither in doctrine , ceremonies , nor government . it is not enough that we are divided from the church of rome by the single wall of doctrine , retaining as we do part of their ceremonies , and almost their whole government : but government or ceremonies , or whatsoever it be which is popish , away with it . this is the thing they require in us , the uttter relinquishment of all things popish . wherein , to the end we may answer them according to their plain direct meaning , and not take advantage of doubtful speech , whereby controversies grow always endless ; their main position being this , that nothing should be plac'd in the church , but what god in his word hath commanded , they must of necessity hold all for popish , which the church of rome hath over & besides this . by popish orders , ceremonies , and government they must therfore mean in every of these so much , as the church of rome hath embraced without commandment of gods word : so that whatsoever such thing we have , if the church of rome hath it also , it goeth under the name of those thing that are popish , yea , although it be lawful , although agreeable to the word of god. for so they plainly affirm , saying : although the forms and ceremonies which they ( the church of rome ) used were not unlawful , and that they contained nothing which is not agreeable to the word of god , yet notwithstanding neither the word of god , nor reason , nor the examples of the eldest churches , both iewish and christian , do permit us to use the same forms and ceremonies , being neither commanded of god , neither such as there may not as good as they , and rather better be established . the question therefore is , whether we may sollow the church of rome in those orders , rites and ceremonies , wherein we do not think them blameable , or else ought to devise others , and to have no conformity with them , no not so much as in these things ? in this sense and construction therefore as they affirm , so we deny , that whatsoever is popish we ought to abrogate . their arguments to prove that generally all popish orders and ceremonies ought to be clean abolished , are in sum these : first , whereas we allow the judgment of s. augustine , that touching those things of this kind which are not commanded or sorbidden in the scripture , we are to observe the custom of the people of god , and the decrees of our forefathers : how can we retain the customs and constitutions of the papists in such things , who were neither the people of god nor our forefathers ? secondly , although the forms and ceremonies of the church of rome were not unlawful , neither did contain any thing which is not agreeable to the word of god , yet neither the word of god , nor the example o● the eldest churches of god , nor reason , do permit us to use the same , they being hereticks and so near about us , and their orders being neither commanded of god , not yet such , but that as good or rather better may be established . it is against the word of god , to have conformity with the church of rome in such things , as appeareth , in that the wisdom of god hath thought it a good way to keep his people from infection o● idolaty and superstition by severing them from idolaters in outward ceremonies , and therefore hath forbidden them to do things which are in themselves very lawful to be done . and ●urther , where as the lord was careful to sever them by ceremonies from other nations , yet was he not so careful to sever them from any , as from the egyptians amongst whom they lived , and from those nations which were next neighbours to them , because from them was the greatest fear of infection . so that following the course which the wisdom of god doth teach , it were more safe for us to conform our indifferent ceremonies to the turks which are far off , then to the papists which are so near . touching the example of the eldest churches of god , in one councel it was decreed , that christians should not deck their houses with bay-leaves and green boughs , because the pagans did use so to do ; and that they should not rest from their labours those days that the pagans did , that they should not keep the first day of every month as they did . another council decreed that christians should not celebrate feasts on the birth-dayes of the martyrs , because it was the manner of the heathen . o , saith tertullian , better is the religion of the heathen : for they use no solemnity of the christians , neither the lords day , neither the pentecost , and if they knew them , they would have nothing to do with them : for they would be afraid lest they should seem christians : but we are not afraid to be called heathens . the same tertullian would not have christians to sit after they had payed , because the idolaters did so . whereby it appeareth , that both of particular men and of counsels , in making or abolishing of ceremonies , heed had been taken that the christians should not be like the idolaters , no not in those things which of themselves are most indifferent to be used or not used . the same conformity is not lesse opposite unto reason , first inasmuch as contraries must be cured by their contraries , and therefore popery being antichristianity , is not healed but by establishment of orders thereunto opposite . the way to bring a drunken man to sobriety , it to carry him as far from excess of drink as may be . to rectifie a crooked stick , we bend it on the contrary side , as far as it was at the first on that side from whence we draw it : and so it cometh in the end to a middle between both , which is perfect straightness . utter inconformity therefore with the church of rome in these things , is the best and surest policy which the church can use . while we use their ceremonies , they take occasion to blaspheme , saying that our religion cannot stand by it self , unless it lean upon the staff of their ceremonies . a they hereby conceive great hope of having the rest of their popery in the end , which hope causeth them to be more frozen in their wickedness . neither is it without cause that they have this hope , considering that which m. bucer noteth upon the eighteenth of s. matthew , that where these things have been left , popery hath returned ; but on the other part , in places which have been cleansed of these things , it hath not yet been seen that it hath had any entrance . b none make such clamours for these ceremonies , as the papists , and those whom they suborn ; a manifest token how much they triumph and joy in these things . they breed grief of minde in a number that are godly minded , and have antichristianity in such detestation , that their minds are martyred with the very sight of them in the church . such godly brethren we ought not thus to grieve with unprofitable ceremonies , yea ceremonies wherein there is not only no profit , but also danger of great hurt that may grow to the church by infection , which popish ceremonies are means to breed . this in effect is the sum and substance of that which they bring by way of opposition against those orders which we have common with the church of rome ; these are the reasons wherewith they would prove our ceremonies in that respect worthy of blame . . before we answer unto these things , we are to cut off that , whereunto they from whom these objections proceed , do oftentimes fly for defence and succour , when the force and strength of their argument is elided . for the ceremonies in use amongst us , being in no other respect retained , saving onely for that to retain them is to our seeming , good and profitable , yea so profitable and so good , that if we had either simply taken them clean away , or else removed them so as to place in their stead others , we had done worse : the plain and direct way against us herein had been onely to prove , that all such ceremonies as they require to be abolished , are retained by us to the hurt of the church , or with lesse benefit then the abolishment of them would bring . but forasmuch as they saw how hardly they should be able to perform this ; they took a more compendious way , traducing the ceremonies of our church under the name of being popish . the cause why this way seemed better unto them , was , for that the name of popery is more odious then very paganism amongst divers of the more simple sort ; so whatsoever they hear named popish , they presently conceive deep hatred against it , imagining there can be nothing contained in that name , but needs it must be exceeding detestable . the ears of the people they have therefore filled with strong clamours . the church of england is fraught with popish ceremonies : they that favour the cause of reformation , maintain nothing but the sincerity of the gospel of jesus christ : all such as withstand them , fight for the laws of his sworn enemy , uphold the filthy reliques of antichrist ; and are defenders of that which is popish . these are the notes wherewith are drawn from the hearts of the multitude so many sighs ; with these tunes their minds are exasperated against the lawful guides and governours of their souls ; these are the voices that fill them with general discontentment , as though the bosom of that famous church wherein they live , were more noysom then any dungeon . but when the authors of so scandalous incantations are examined and called to account , how can they justifie such their dealings ; when they are urged directly to answer , whether it be lawful for us to use any such ceremonies as the church of rome useth , although the same be not commanded in the word of god ; being driven to see that the use of some such ceremonies must of necessity be granted lawful , they go about to make us believe that they are just of the same opinion , and that they only think such ceremonies are not to be used when they are unprofitable , or when as good or better may be established . which answer is both idle in regard of us , and also repugnant to themselves . it is , in regard of us , very vain to make this answer , because they know that what ceremonies we retain common unto the church of rome , we therefore retain them , for that we judge them to be profitable , and to be such that others instead of them would be worse . so that when they say that we ought to abrogate such romish ceremonies as are unprofitable , or else might have other more profitable in their stead , they trisle and they beat the air about nothing which toucheth us , unless they mean that we ought to abrogate all romish ceremonies , which in their judgment have either no use , or less use than some other might have . but then must they shew some commission , whereby they are authorized to sit as judges , and we required to take their judgment for good in this case . otherwise , their sentences will not be greatly regarded , when they oppose their me thinketh , unto the orders of the church of england : as in the question about surplesses one of them doth ; if we look to the colour , black methinks is the more decent ; if to the form , a garment down to the foot hath a great deal more comeliness in it . if they think that we ought to prove the ceremonies commodious which we have retained , they do in this point very greatly deceive themselves . for in all right and equity , that which the church hath received and held so long for good , that which publike approbation hath ratified , must carry the benefit of presumption with it to be accounted meet and convenient . they which have stood up as yesterday to challenge it of defect , must prove their challenge . if we being defendents do answer , that the ceremonies in question , are godly , comely , decent , profitable for the church ; their reply is childish and unorderly to say , that we demand the thing in question , and shew the poverty of our cause , the goodness whereof we are fain to beg that our adversaries would grant . for on our part this must be the answer , which orderly proceeding doth require . the burden of proving doth rest on them . in them it is frivolous to say , we ought not to use bad ceremonies of the church of rome , and presume all such bad , as it pleaseth themselves to dislike , unless we can perswade them the contrary . besides , they are herein opposite also to themselves . for what one thing is so common with them , as to use the custome of the church of rome for an argument to prove , that such and such ceremonies cannot be good and profitable for us , inasmuch as that church useth them ? which usual kind of disputing , sheweth that they do not disallow onely those romish ceremonies which are unprofitable , but count all unprofitable , which are romish , that is to say , which have been devised by the church of rome , or which are used in that church , and not prescribed in the word of god. for this is the onely limitation which they can use sutable unto their other positions . and therefore the cause which they yield , why they hold it lawful to retain in doctrine and in discipline some things as good , which yet are common to the church of rome , is , for that those good things are perpetual commandments , in whose place no other can come : but ceremonies are changeable . so that their judgement in truth , is , that whatsoever by the word of god is not changeable in the church of rome , that churches using is a cause why reformed churches ought to change it , and not to think it good or profitable . and lest we seem to father any thing upon them more then is properly their own , let them read even their own words , where they complain , that we are thus constrained to be like unto the papists in any their ceremonies ; yea , they urge that this cause , although it were alone , ought to move them to whom that belongeth , to do them away , forasmuch as they are their ceremonies ; and that the bishop of salisbury , doth justifie this their complaint . the clause is untrue which they add concerning the bishop of salisbury ; but the sentence doth shew , that we do them no wrong in setting down the state of the question between us thus : whether we ought to abolish out of the church of england , all such orders , rites , and ceremonies as are established in the church of rome , and are not prescribed in the word of god. for the affirmative whereof we are now to answer such proofs of theirs as have been before alledged . . let the church of rome be what it will , let them that are of it be the people of god , and our fathers in the christian faith , or let them be otherwise ; hold them for catholicks , or hold them for hereticks , it is not a thing either one way or other in this present question greatly material . our conformity with them in such things as have been proposed , is not proved as yet unlawful by all this . s. augustine hath said , yea and we have allowed his saying , that the custome of the people of god , and the decrees of our forefathers are to be kept , touching those things whereof the scripture hath neither one way nor other given us any charge . what then ? doth it here therefore follow , that they , being neither the people of god , nor our forefathers , are for that cause in nothing to be followed ? this consequent were good , if so be it were granted , that only the custom of the people of god , and the decrees of our forefathers are in such case to be observed . but then should no other kind of latter laws in the church be good , which were a gross absurdity to think . s. augustines speech therefore doth import , that where we have no divine precept , if yet we have the custom of the people of god , or a decree of our forefathers , this is a law and must be kept . notwithstanding it is not denied , but that we lawfully may observe the positive constitutions of our own churches , although the same were but yesterday made by our selves alone . nor is there any thing in this to prove , that the church of england might not by law receive orders , rites , or customs from the church of rome , although they were neither the people of god , nor yet our forefathers . how much lesse , when we have received from them nothing but that which they did themselves receive from such , as we cannot deny to have been the people of god , yea such as either we must acknowledge for our own forefathers , or else disdain the race of christ ? . the rites and orders wherein we follow the church of rome , are of no other kind that such as the church of geneva it self doth follow them in . we follow the church of rome in mo things ; yet they in some things of the same nature about which our present controversie is : so that the difference is not in the kind , but in the number of rites onely , wherein they and we do follow the church of rome . the use of wafer-cakes , the custom of godfathers and godmothers in baptism , are things not commanded nor forbidden in the scripture , things which have been of old , and are retained in the church of rome , even at this very hour . is conformity with rome in such things a blemish unto the church of england , and unto churches abroad an ornament ? let them , if not for the reverence they owe unto this church , in the bowels whereof they have received i trust that precious and blessed vigor , which shall quicken them ●● eternal life ; yet at the least wise for the singular affection which they do bear towards others , take heed how they strike , lest they wound whom they would not . for undoubtedly it cutteth deeper then they are aware of , when they plead that even such ceremonies of the church of rome , as contain in them nothing which is not of it self agreeable to the word of god , ought nevertheless to be abolished , and that neither the word of god , nor reason , nor the examples of the eldest churches , do permit the church of rome to be therein followed . hereticks they are , and they are our neighbours . by us and amongst us , they lead their lives . but what then ? therefore is no ceremony of theirs lawful for us to use ? we must yield and will , that none are lawful if god himself be a precedent against the use of any . but how appeareth it that god is so ? hereby , they say , it doth appear , in that god severed his people from the heathens , but specially from the egyptians , and such nations as were neerest neighbours unto them , by forbidding them to do those things , which were in themselves very lawful to be done , yea very profitable some , and incommodious to be sorburn ; such things it pleased god to forbid them , only because those heathens did them , with whom conformity in the same thing might have bred infection . thus in shaving , cutting , apparel-wearing , yea in sundry kinds of meats also , swines-flesh , conies , and such like , they were forbidden to do so and so , because the gentiles did so . and the end why god forbade them such things , wa● , to sever them , for fear of infection , by a great and an high wall from other nations , as s. paul teacheth . the cause of more careful separation from the nearest nations , was , the greatness of danger to be especially by them infected . now , papists are to us as those nations were unto israel . therefore if the wisdom of god be our guide , we cannot allow conformity with them , no not in any such indifferent ceremonies . our direct answer hereunto is , that for any thing here alleadged we may still doubt , whether the lord in such indifferent ceremonies as those whereof we dispute , did frame his people of set purpose unto any utter dissimilitude , either with egyptians , or with any other nation else . and if god did not forbid them all such indifferent ceremonies , then our conformity with the church of rome in some such is not hitherto as yet disproved , although papists were unto us as those heathens were unto israel . after the doings of the land of egypt , wherein you dwelt , ye shall not do , saith the lord ; and after the manner of the land of canaan , whither i will bring you , shall ye not do , neither walk in their ordinances : do after my judgements , and keep my ordinances to walk therein ; i am the lord your god. the speech is indefinite , ye shall not be like them : it is not general , ye shall not be like them in anything , or like unto them in any thing indifferent , or like unto them in any indifferent ceremony of theirs . seeing therefore it is not set down how far the bounds of his speech concerning dissimilitude should reach , how can any man assure us , that it extendeth farther than to those things only wherein the nations there mentioned were idolatrous , or did against that which the law of god commandeth ? nay , doth it not seem a thing very probable , that god doth purposely add , do after my judgement , as giving thereby to understand that his meaning in the former sentence was but to bar similitude in such things as were repugnant unto the ordinances , laws , and statutes , which he had given ? egyptians and canaanites are for example sake named unto them , because the customs of the one they had been , and of the other they should be best acquainted with . but that wherein they might not be like unto either of them , was such peradventure as had been no whit less unlawfull , although those nations had never been . so that there is no necessity to think that god for fear of infection by reason of nearness , forbad them to be like unto the canaanites or the egyptians , in those things which otherwise had been lawful enough . for i would know what one thing was in those nations , and is here forbidden , being indifferent in it self , yet forbidden only because they used it ? in the laws of israel we find it written , ye shall not cut round the corners of your heads , neither shalt thou tear the tafis of thy board . these things were usual amongst those nations , and in themselves they are indifferent . but are they indifferent being used as signs of immoderate and hopeless lamentation for the dead ? in this sense it is that the law forbiddeth them . for which cause the very next words following are , ye shall not cut your flesh for the dead , nor make any print of a mark upon you , i am the lord. the like in leviticus , where speech is of mourning for the dead , they shall not make bald parts upon their head , nor shave off the locks of their beard , nor make any cutting in their flesh. again , in deut. ye are the children of the lord your god ; ye shall not cut your selves , nor make you baldness between your eyes for the dead . what is this but in effect the same which the apostle doth more plainly express , saying , sorrow not as they do who have no hope ? the very light of nature it self was able to see herein a fault ; that which those nations did use , having been also in use with others , the ancient roman laws do forbid . that shaving therefore and cutting which the law doth mention , was not a matter in it self indifferent , and forbidden only because it was in use amongst such idolaters as were neighbours to the people of god ; but to use it had a been crime , though no other people or nation under heaven should have done it saving only themselves . as for those laws concerning attires , there shall no garment of linnen and vvollen come upon thee ; as also those touching food and diet , wherein swines-flesh together with sundry other meats are forbidden , the use of these things had been indeed of it self harmless and indifferent : so that hereby it doth appear , how the law of god forbad in some special consideration , such things as were lawful enough in themselves . but yet even here they likewise fail of that they intend . for it doth not appear that the consideration in regard whereof the law forbiddeth these things , was because those nations did use them . likely enough it is that the canaanites used to feed as well on sheep as on swines-flesh ; and therefore if the forbidding of the latter had no other reason then dissimilitude with that people , they which of their own heads alledge this for reason , can shew i think some reason more then we are able to find , why the former was not also forbidden . might there not be some other mystery in this prohibition then they think of ? yes , some other mystery there was in it by all likely-hood . for what reason is there , which should but induce , and therefore much less inforce us to think , that care of dissimilitude between the people of god and the heathen nations about them , was any more the cause of forbidding them to put on garments of sundry stuff , then of charging the● withal not to sow their fields with meslin ; or that this was any more the cause of forbidding them to eat swines-flesh , than of charging them withal not to eat the flesh of eagles , hawks , and the like , wherefore although the church of rome were to us , as to israel the egyptians and canaanites were of old ; yet doth it not follow that the wisdom of god without respect doth teach us to erect between us and them a partition wall of difference , in such things indifferent as have been hitherto disputed of . . neither is the example of the eldest churches a whit more available to this purpose . notwithstanding some fault undoubtedly there is in the very resemblance of idolaters . were it not some kind of blemish to be like unto infidels and heathens , it would not so usually be objected ; men would not think it any advantage in the causes of religion , to be able therewith justly to charge their adversaries as they do . wherefore to the end that it may a little more plainly appear , what force this hath , and how far the same extendeth , we are to note how all men are naturally desirous , that they may seem neither to judge , nor to do amiss , because every error and offence is a stain to the beauty of nature , for which cause it blusheth thereat , but glorieth in the contrary ; from whence it riseth , that they which disgrace or depress the credit of others , do it either in both or in one of these . to have been in either directed by a weak and unperfect rule , argueth imbecillity and imperfection . men being either led by reason , or by imitation of other mens examples ; if their persons be odious whose example we chuse to follow , as namely , if we frame our opinions to that which condemned hereticks think , or direct our actions according to that which is practised and done by them ; it lyes as an heavy prejudice against us , unless somewhat mightier then their bare example , did move us to think or do the same things with them . christian men therefore having besides the common light of all men , so great help of heavenly direction from above , together with the lamps of so bright examples at the church of god doth yield , it cannot but worthily seem reproachful for us , to leave both the one and the other , to become disciples unto the most hateful sort that live , to do as they do , only because we see their example before us , and have delight to follow it . thus we may therefore safely conclude , that it is not evil simply to concur with the heathens either in opinion or in action : and that conformity with them is only then a disgrace , when either we follow them in that they think and do amiss , or follow them generally in that they do , without other reason than only the liking we have to the pattern of their example : which liking doth intimate a more universal approbation of them than is allowable . faustus the manichee therefore objecting against the jews , that they forsook the idols of the gentiles ; but their temples , and oblations , and altars , and priest hoods and all kind of ministry of holy things , they exercised even as the gentiles did , yea more superstituosly a great deal ; against the catholick christians likewise , that between them and the heathens there was in many things little difference ; from them ( saith faustus ) ye have learned to hold that one only god is the author of all , their sacrifices you have turned in feasts of charity , their idols into martyrs , whom ye honour with the like religious offices unto theirs ; the ghosts of the dead ye appease with wine and delicates , the festival days of the nations ye celebrate together with them , and of their kind of life ye have utterly changed nothing . s. augustines defence in behalf of both , is , that touching the matters of action , jews and catholick christians were free from the gentiles faultiness , even in those things which were objected as tokens of their agreement with the gentiles , and concerning their consent in opinion , they did not hold the same with the gentiles , because gentiles had so taught , but because heaven and earth had so witnessed the same to be truth , that neither the one sort could erre in being fully perswaded thereof , nor the other but erre in case they should not consent with them . in things of their own nature indifferent , if either councils or particular men have at any time with sound judgement misliked conformity between the church of god and infidels , the cause thereof hath been somewhat else then onely affectation of dissimilitude . they saw it necessary so to do , in respect of some special accident , which the church being not alway subject unto , hath not still cause to do the like . for example , in the dangerous days of tryal , wherein there was no way for the truth of jesus christ to triumph over infidelity , but through the constancy of his saints , whom yet a natural desire to save themselves from the flame might peradventure cause to joyn with pagans in external customs , too far using the same as a cloak to conceal themselves in , and a mist to darken the eyes of insidels withal : for remedy hereof those laws it might be were provided , which forbad that christians should deck their houses with boughs , as the pagans did use to do , or rest those festival days whereon the pagans rested , or celebrate such feasts as were , though not heathenish , yet such that the simpler sort of heathens might be beguiled in so thinking them . as for tertullians judgment concerning the rites and orders of the church ; no man , having judgment , can be ignorant how just exceptions may be taken against it . his opinion touching the catholick church was as un-indifferent , as touching our church the opinion of them that favour this pretended reformation is . he judged all them who did not montanize , to be but carnally minded ; he judged them still over-abjectly to fawn upon the heathens , and to curry favour with in●idels ; which as the catholick church did well provide that they might not do indeed , so tertullian over-often through discontentment carpeth injuriously at them , as though they did it even when they were free from such meaning . but if it were so that either the judgment of those councils before alledged , or of tertullian himself against the christians , are in no such consideration to be understood as we have mentioned ; if it were so , that men are condemned as well of the one as of the other , only for using the ceremonies of a religion contrary unto their own , and that this cause is such as ought to prevail no less with us than with them ; shall it not follow , that seeing there is still between our religion and paganism the self-same contrariety , therefore we are still no less rebukeable , if we now deck our houses with boughs , or send new-years gifts unto our friends , or seast on those days which the gentiles then did , or sit after prayer as they were accustomed ? for so they infer upon the premises , that as great difference as commodiously may be , there should be in all outward ceremonies between the people of god , and them which are not his people . again , they teach as hath been declared , that there is not as great a difference as may be between them , except the one do avoid whatsoever rites and ceremonies uncommanded of god the other doth embrace . so that generally they teach , that the very difference of spiritual condition it self between the servants of christ and others , requireth such difference in ceremonies between them , although the one be never so far disjoyned in time or place from the other . but in case the people of god and belial do chance to be neighbours ; then as the danger of infection is greater , so the same difference they say , is thereby made more necessary . in this respect as the jews were severed from the heathen , so most especially from the heathen nearest them . and in the same respect we , which ought to differ howsoever from the church of rome , are now , they say , by reason of our nearness more bound to differ from them in ceremonies then from turks . a strange kind of speech unto christianeus , and such , as i hope , they themselves do acknowledge unadvisedly uttered . we are not so much to fear infection from turks as from papists . what of that ? we must remember that by conforming rather our selves in that respect to turks , we should be spreaders of a worse infection into others , then any we are likely to draw from papists by our conformity with them in ceremonies . if they did ●ate , as turks do , the christian ; or as canaanites did of old the jewish religion even in gross ; the circumstance of local nearness in them unto us , might haply inforce in us a duty of greater separation from them then from those other mentioned . but forasmuch as papists are so much in christ nearer unto us then turks , is there any reasonable man , now you , but will judge it meeter that our ceremonies of christian religion should be popish , then turkish or heathenish ? especially considering that we were not brought to dwell amongst them ( as israel in canaan ) having not been of them . for even a very part of them we were . and when god did by his good spirit put it into our hearts , first to reform our selves ( whence grew our separation ) and then by all good means to seek also their reformation ; had we not onely cut off their corruptions , but also estranged our selves from them in things indifferent ; who seeth not how greatly prejudicial this might have been to so good a cause , and what occasion it had given them to think ( to their greater obduration in evil ) that through a froward or wanton desire of innovation , we did unconstrainedly those things for which conscience was pretended ? howsoever the case doth stand , as iuda had been rather to choose conformity in things indifferent with israel , when they were neerest opposites , then with the farthest removed pagans : so we in like cases , much rather with papists than with turks . i might add further for a more full and complete answer , so much concerning the large odds between the case of the eldest churches inregard of those heathens , and ours in respect of the church of rome , that very cavillation it self should be satisfied , and have no shift to fly unto . . but that no one thing may detain us over-long , i return to their reasons against our conformity with that church . that extreme dissimilitude which they urge upon us , is now commended as our best and safest policy for establishment of sound religion . the ground of which politick position is , that evils must be cured by their contraries ; and therefore the cure of the church infected with the poyson of antichristianity , must be done by that which is thereunto as contrary as may be . a medled estate of the orders of the gospel , and the ceremonies of popery , is not the best way to banish popery . we are contrariwise of opinion , that he which will perfectly recover a sick , and restore a diseased body unto health , must not endeavour so much to bring it to a state of simple contrariety , as of fit proportion in cont●ariety unto those evils which are to be cured . he that will take away extreme heat , by setting the body in extremity of cold , shall undoubtedly remove the disease , but together with it the diseased too . the first thing therefore in skilful cures , is the knowledge of the part affected ; the next is of the evil which doth affect it ; the last is not onely of the kind , but also of the measure of contrary things whereby to remove it . they which measure religion by dislike of the church of rome , think every man so much the more sound , by how much he can make the corruptions thereof to seem more large . and therefore some there are , namely the arrians in reformed churches of poland , which imagine the canker to have eaten so far into the very bones and marrow of the church of rome , as if it had not so much as a sound belief ; no , not concerning god himself , but that the very belief of the trinity , were a part of antichristian corruption ; and that the wonderful providence of god did bring to pass , that the bishop of the see of rome should be famous for his tripple crown ; a sensible mark whereby the world might know him to be that mystical beast spoken of in the revelation , to be that great and notorious antichrist in no one respect so much as in this , that he maintaineth the doctrine of the trinity . wisdom therefore and skill is requisite to know , what parts are sound in that church , and what corrupted . neither is it to all men apparent , which complain of unsound parts , with what kind of unsoundness every such part is possessed . they can say , that in doctrine , in discipline , in prayers , in sacraments , the church of rome hath ( as it hath indeed ) very foul and gross corruptions : the nature whereof notwithstanding because they have not for the most part exact skill and knowledge to discern , they think that amiss many times which is not , and the salve of reformation they mightily call for ; but where and what the sores are which need it , as they wot full little , so they think it not greatly material to search ; such mens contentment must be wrought by stratagem : the usual method of art is not for them . but with those that profess more than ordinary and common knowledge of good from evil , with them that are able to put a difference between things naught , and things indifferent in the church of rome , we are yet at controversie about the manner of removing that which is naught : whether it may not be perfectly helpt , unless that also which is indifferent be cut off with it , so far till no rite or ceremony remain which the church of rome hath , being not found in the word of god. if we think this too extreme , they reply , that to draw men from great excess , it not amiss though we use them unto somewhat less then is competent ; and that a crooked stick is not straightned , unless it be bent as far on the clean contrary side , that so it may settle it self at the length in a middle estate of evenness between both . but how can these comparisons stand them in any stead ? when they urge us to extreme opposition against the church of rome , do they mean we should be drawn unto it only for a time , and afterwards return to a mediocrity ? or was it the purpose of those reformed churches , which utterly abolished all popish ceremonies , to come in the end back again to the middle point of evenness , and moderation ? then have we conceived amiss of their meaning . for we have always thought their opinion to be , that utter inconformity with the church of rome , was not an extremity whereunto we should be drawn for a time ; but the very mediocrity it self wherein they meant we should ever continue . now by these comparisons it seemeth clean contrary , that howsoever they have bent themselves at first to an extreme contrariety against the romish church , yet therein they will continue no longer , then onely till such time as some more moderate course for establishment of the church may be concluded . yea , albeit this were not at the first their intent , yet surely now there is great cause to lead them unto it . they have seen that experience of the former policy ; which may cause the authors of it to hang down their heads . when germany had stricken off that which appeared corrupt in the doctrine of the church of rome , but seemed nevertheless in discipline still to retain therewith very great conformity : france , by that rule of policy , which hath been before mentioned , took away the popish orders which germany did retain . but process of time hath brought more light into the world ; whereby men perceiving that they of the religion in france , have also retained some orders which were before in the church of rome , and are not commanded in the word of god ; there hath arisen a sect in england , which following still the very self-same rule of policy , seeketh to reform even the french reformation , and purge out from thence also dregs of popery . these have not taken as yet such root that they are able to establish any thing . but if they had , what would spring out of their stock , and how far the unquiet wit of man might be carried with rules of such policy , god doth know . the trial which we have lived to see , may somewhat teach us what posterity is to fear . but our lord , of his infinite mercy , avert whatsoever evil our swervings on the one hand , or on the other may threaten unto the state of his church . . that the church of rome doth hereby take occasion to blaspheme , and to say our religion is not able to stand of it self , unless it lean upon the staff of their ceremonies , is not a matter of so great moment , that it did need to be objected , or doth deserve to receive answer . the name of blasphemy in this place , is like the shoo of hercules on a childs foot . if the church of rome do use any such kind of silly exprobration , it is no such ugly thing to the eat , that we should think the honour and credit of our religion to receive thereby any great wound . they which hereof make so perillous a matter , do seem to imagine , that we have erected of late a frame of some new religion ; the furniture whereof we should not have borrowed from our enemies , lest they relieving us , might afterwards laugh and gibe at our poverty : whereas in truth the ceremonies which we have taken from such as were before us , are not things that belong to this or that sect , but they are the ancient rites and customs of the church of christ ; whereof our selves being a part , we have the self-same interest in them which our fathers before us had , from whom the same are descended unto us . again , in case we had been so much beholden privately unto them , doth the reputation of one church stand by saying unto another , i need thee not ? if some should be so vain and impotent , as to mar a benefit with reproachful upbraiding , where at the least they suppose themselves to have bestowed some good turn ; yet surely a wise bodies part it were not , ●o put out his fire , because his fond and foolish neighbour , from whom he borrowed peradventure wherewith to kindle it , might haply cast him therewith in the teeth , saying , were it not for me thou wouldest freez , and not be able to heat thy self . as for that other argument derived from the secret affection of papists , with whom our conformity in certain ceremonies is said to put them in great hope , that their whole religion in time will have re-entrance ; and therefore none are so clamorous amongst us for the observation of these ceremonies , as papists and such as papists suborn to speak for them : whereby it clearly appeareth how much they rejoyce , how much they triumph in these thi●… our answer hereunto is still the same , that the benefit we have by such ceremon●… over-weigheth even this also . no man that is not exceeding partial can well d●… , but that there is most just cause wherefore we should be offended greatly at the church of rome . notwithstanding at such times as we are to deliberate for our selves , the freer our minds are from all cistempered affections , the sounder and better is our judgement . when we are in a fretting mood at the church of rome , and with that angry disposition enter into any cogitation of the orders and rites of our church ; taking particular survey of them , we are sure to have always one eye fixed upon the countenance of our enemies , and according to the blithe or heavy aspect thereof , our other eye sheweth some other suitable token either of dislike or approbation towards our own orders . for the rule of our judgement in such case being only that of homer , this is the thing which our enemies would have ; what they seem contented with , even for that very cause we reject ; and there is nothing but it pleaseth as much the better , if we espy that is galleth them . miserable were the state and condition of that church , the weighty affairs whereof should be ordered by those deliberations wherein such an humour as this were predominant . we have most heartily to thank god therefore , that they amongst us , to whom the first consultations of causes of this kind fell , were men , which aiming at another mark , namely , the glory of god and the good of this his church , took that which they judged thereunto necessary , not rejecting any good or convenient thing , only because the church of rome might perhaps like it . if we have that which is meet and right , although they be glad , we are not to envy them this their solace ; we do not think it a duty of ours , to be in every such thing their tormentors . and wherein it is said , that popery for want of this utter extirpation hath in some places takenroot and flourished again , but hath not been able to re-establish it self in any place , after provision made against it by utter evacuation of all romish ceremonies , and therefore as long as we hold any thing like unto them , we put them in some more hope , than if all were taken away , as we deny not but this may be true ; so being of two evils to choose the less , we hold it better that the friends and favourers of the church of rome , should be in some kind of hope to have a corrupt religion restored , then both we and they conceive just fear , lest under colour of rooting out popery , the most effectual means to bear up the state of religion be removed , and so a way made either for paganism , or for extreme barbarity to enter . if desire of weakning the hope of others should turn us away from the course we have taken ; how much more the care of preventing our own fear , with-hold us from that we are urged unto ? especially seeing that our own fear we know , but we are not so certain what hope the rites and orders of our church have bred in the hearts of others . fort it is no sufficient argument therefore to say , that in maintaining and urging these ceremonies , none are so clamorous as papists , and they whom papists suborn ; this speech being more hard to justifie than the former , and so their proof more doubtfull then the thing it self , which they prove . he that were certain that this is true , must have marked who they be that speak for ceremonies , he must have noted , who amongst them doth speak oftenest , or is most earnest , he must have been both acquainted thorowly with the religion of such , and also privy to what conferences or compacts are passed in secret between them and others ; which kind of notice are not wont to be vulgar and common . yet they which alleadge this , would have it taken as a thing that needeth no proof , a thing which all men know and see . and if so be it were granted them as true , what gain they by it ? sundry of them that be popish , are eager in maintenance of ceremonies . is it so strange a matter to find a good thing furthered by ill men of a smister intent and purpose , whose forwardness is not therefore a bridle to such as favour the same cause with a better and sincerer meaning ? they that seek , as they say , the removing of all popish orders out of the church , and reckon the state of bishops in the number of those orders , do ( i doubt not ) presume that the cause which they prosecute , is holy . notwithstanding it is their own ingenuous acknowledgement , that even this very cause which they term so often by an excellency , the lords cause , is , gratissima , most acceptable unto some which hope for prey and spoyl by it , and that our age hath store of such , and that such are the very sectaries of dionysius the famous atheist . now if hereupon we should upbraid them with irreligious , as they do us with superstitious favourers ; if we should follow them in their own kind of pleading , and say , that the most clamorous for this pretended reformation , are either atheists or else proctors suborned by atheists ; the answer which herein they would make unto us , let them apply unto themselves , and there an end . for they must not forbid us to presume our cause in defence of our church-orders to be as good as theirs against them , till the contrary be made manifest to the world. . in the mean while sorry we are , that any good and godly mind should be grieved with that which is done . but to remedy their grief , lyeth not so much in us as in themselves . they do not wish to be made glad with the hurt of the church : and to remove all out of the church , whereat they shew themselves to be sorrowful , would be , as we are perswaded , hurtful , if not pernicious thereunto . till they be able to perswade the contrary , they must and will , i doubt not , find out some other good mean to chear up themselves . amongst which means the example of geneva may serve for one . have not they the old popish custom of using god-fathers and god-mothers in baptism ? the old popish custom of administring the blessed sacrament of the holy eucharist with wafer-cakes ? these things then the godly there can digest . wherefore should not the godly here learn to do the like , both in them , and in therest of the like nature ? some further mean peradventure it might be to asswage their grief , if so be they did consider the revenge they take on them , which have been , as they interpret it , the workers of their continuance in so great grief so long . for if the maintenance of ceremonies be a corrosive to such as oppugn them ; undoubtedly to such as maintain them , it can be no great pleasure , when they behold how that which they reverence is oppugned . and therefore they that judge themselves martyrs , when they are grieved , should think withal what they are whom they grieve . for we are still to put them in mind , that the cause doth make no difference , for that it must be presumed as good at the least on our part as on theirs , till it be in the end decided , who have stood for truth , and who for error , so that till then the most effectual medicine , and withal the most sound , to ease their grief , must not be ( in our opinion ) the taking away of those things whereat they are grieved , but the altering of that perswasion which they have concerning the same . for this we therefore both pray and labour ; the more because we are also perswaded , that it is but conceit in them to think , that those romish ceremonies , whereof we have hitherto spoken , are like leprous clothes , infectious to the church ; or like soft and gentle poysons , the venom whereof being insensibly penicious , worketh death , and yet is never felt working . thus they say : but because they say it only , and the world hath not as yet had so great experience of their art , in curing the diseases of the church , that the bare authority of their word should perswade in a cause so weighty , they may not think much if it be required at their hands to shew ; first , by what means so deadly infection can grow from similitude between us and the church of rome , in these things indifferent : secondly , for that it were infinite , if the church should provide against every such evil as may come to pass , it is not sufficient that they shew possibilitie of dangerous event , unless there appear some likely-hood also of the same to follow in us , except we prevent it . nor is this enough , unless it be moreover made plain , that there is no good and sufficient way of prevention , but by evacuating clean , and by emprying the church of every such rite and ceremony , as is presently called in question . till this be done , their good affection towards the safety of the church is acceptable , but the way they prescribe us to preserve it by , must rest in suspense . and lest hereat they take occasion to turn upon us the speech of the prophet ieremy used against babylon , rebold we have done our endeavour to cure the discases of babylon , but she through her wilfulness doth rest uncured : let them consider into what straits the church might drive it self , in being guided by this their counsel . their axiom is , that the sound believing church of jesus christ , may not be like heretical churches in any of those indifferent things , which men make choyce of , and do not take by prescript appointment of the word of god. in the word of god the use of bread is prescribed , as a thing without which the eucharist may not be celebrated : but as for the kind of bread , it is not denyed to be a thing indifferent . being indifferent of it self , we are by this axiom of theirs to avoid the use of unleavened bread in their sacrament , because such bread the church of rome being heretical useth . but doth not the self-same axiom bar us even from leavened bread also , which the church of the grecians useth , the opinions whereof are in a number of things the same , for which we condemn the church of rome ; and in some things erroneous , where the church of rome is acknowledged to be found ; as namely in the article of the holy ghosts proceeding ? and lest here they should say that because the greek church is farther off , and the church of rome nearer , we are in that respect rather to use that which the church of rome useth not ; let them imagine a reformed church in the city of venice , where a greek church and popish both are . and when both these are equally near , let them consider what the third shall do . without leavened or unleavened bread , it can have no sacrament : the word of god doth tye it to neither ; and their axiom doth exclude it from both . if this constrain them , as it must , to grant that their axiom is not to take any place , save in those things only where the church hath larger scope ; it resteth that they search out some stronger reason then they have as yet alledged ; otherwise they constrain not us to think that the church is tyed unto any such rule axiom , not then when she hath the widest field to walk in , and the greate : store of choyce . . against such ceremonies generally as are the same in the church of england and of rome , we see what hath been hitherto alledged . albeit therefore we do not find the one churches having of such things , to be sufficient cause why the other should not have them : nevertheless in case it may be proved , that amongst the number of rites and orders common unto both , there are particulars , the use whereof is utterly unlawful , in regard of some special bad and noysom quality ; there is no doubt but we ought to relinquish such rites and orders , what freedom soever we have to retain the other still . as therefore we have heard their general exception against all those things , which being not commanded in the word of god , were first received in the church of rome , and from thence have been derived into ours , so it followeth that now we proceed unto certain kinds of them , as being excepted against , not only for that they are in the church of rome , but are besides either iewish or abused unto idolatry , and so grown scandalous . the church of rome they say , being ashamed of the simplicity of the gospel , did almost out of all religions take whatsoever had any fair and gorgeous shew , borrowing in that respect from the jews sundry of their abolished ceremonies . thus by foolish and tidiculous imitation , all their massing furniture almost they took from the law , lest having an altar and a priest , they should want vestments for their stage ; so that whatsoever we have in common with the church of rome , if the same be of this kind , we ought to remove it . constantine the emperor speaking of the keeping of the feast of easter , saith , that it is an unworthy thing to have any thing common with that most spiteful company of the iews . and a little after he saith , that it is most absurd and against reason , that the iews should vann● and glory that the christians could not keep those things without their doctrine . and in another place it is said after this sort ; it is convenient so to order the matter , that we have nothing common with that nation . this councel of laodicea , which was afterward confirmed by the first general councel , decreed that the christians should not take anleavened briad of the iews , or communicate with their impiety . for the easier manifestation of truth in this point , two things there are which must be considered , namely the causes wherefore the church should decline from iewish ceremonies ; and how far it ought so to do . one cause is , that the jews were the deadliest and spitefullest enemies of christianity that were in the world , and in this respect their orders so far forth to be shunned , as we have already set down in handling the matter of heathenish ceremonies . for no enemies being so venemous against christ as jews , they were of all other , most odious , and by that mean , least to be used as ●it church patterns for imitation . another cause is , the solemn abrogation of the jews ordinances ; which ordinances , for us to resume , were to chock our lord himself which hath disannulled them . but how far this second cause doth extend , it is not on all sides , fully agreed upon . and touching those things whereunto it reacheth not , although there be small cause , wherefore the church should frame it self to the jews example , in respect of their persons which are most hateful ; yet god himself having been the author of their laws , herein they are ( notwithstanding the former consideration ) still worthy to be honored , and to be followed above others , as much as the state of things will bear . jewish ordinances had some things natural , and of the perperuity of those things no man doubteth . that which was positive , we likewise know to have been by the coming of christ , partly necessary not to be kept , and partly indifferent to be kept , or not . of the former kinde , circumcision and sacrifice were . for this point , stephen was accused , and the evidence which his accusers brought against him in judgment , was , this man ceaseth not to speak blasphemous words against this holy place , and the law ; for we have heard him say , that this iesus of nazareth , shall destroy this place , and shall change the ordinances that moses gave us . true it is , that this doctrine was then taught , which unbelievers condemning for blasphemy , did therein commit that which they did condemn . the apostles notwithstanding , from whom stephen had received it , did not so ●each the abrogation , no not of those things which were necessarily to cease , but that even the jews , being christian , might for a time continue in them . and therefore in ierusalem , the first christian bishop not circumcised , was mark ; and he not bishop till the days of adrian the emperor ; after the overthrow of ierusalem , there having been fifteen bishops before him , which were all of the circumcision . the christian jews did think at the first , not onely themselves , but the christian gentiles also bound , and that necessarily , to observe the whole law. there went forth certain of the sect of pharisees which did believe ; and they , coming unto antioch , taught , that it was necessary for the gentiles to be circumcised , and to keep the law of moses . whereupon there grew dissention , paul and barnabas disputing against them . the determination of the council held at ierusalem , concerning this matter , was finally this ; touching the gentiles which believe , we have written and determined , that they observe no such thing : their protestation by letters , is , for as much as we have heard , that certain which departed from us , have troubled you with words , and cumbred your mindes , saying , ye must be circumcised and keep the law ; know , that we gave them no such commandment . paul therefore continued still teaching the gentiles , not onely that they were not bound to observe the laws of moses , but that the observation of those laws which were necessarily to be abrogated , was in them altogether unlawful . in which point , his doctrine was mis-reported , as though he had every where preached this , not onely concerning the gentiles , but also touching the jews . wherefore coming unto iames , and the rest of the clergy at ierusalem , they told him plainly of it , saying , thou seest , brother , how many thousand iews there are which believe , and they are all zealous of the law. now they are informed of thee , that thou reachest all the iews which are amongst the gentiles , to forsake moses , and sayest , that they ought not to circumcise their children , neither to live after the customs . and hereupon they gave him counsel to make it apparent in the eyes of all men , that those flying reports were untrue , and they himself being a jew , kept the law , even as they did . in some things therefore we see the apostles did teach , that there ought not to be conformity between the christian jews and gentiles . how many things this law of inconformity did comprehend , there is no need we should stand to examine . this general is true , that the gentiles were not made conformable unto the jews , in that which was necessarily to cease at the coming of christ. touching things positive , which might either cease or continue as occasion should require , the apostles tendring the zeal of the jews , thought it necessary to binde even the gentiles for a time , to abstain as the jews did , from things offered unto idols , from blood , from strangled . these decrees were every where delivered unto the gentiles , to be straightly observed and kept . in the other matters where the gentiles were free , and the jews in their own opinion , still tied , the apostles doctrine unto the jews , was , condemn not the gentile ; unto the gentile , despise not the iew : the one sort , they warned to take heed , that scrupulosity did not make them rigorous , in giving unadvised sentence against their brethren which were free ; the other , that they did not become scandalous , by abusing their liberty and freedom to the offence of their weak brethren which were scrupulous . from hence therefore , two conclusions there are , which may evidently be drawn ; the first , that whatsoever conformity of positive laws , the apostles did bring in between the churches of jews and gentiles , it was in those things onely , which might either cease or continue a shorter or a longer time , as occasion did most require ; the second , that they did not impose upon the churches of the gentiles , any part of the jews ordinances with bond of necessary and perpetual observation ( as we all , both by doctrine and practice , acknowledge ) but onely in respect of the conveniency and fitness for the present state of the church , as then it stood . the words of the councils decree , concerning the gentiles , are , it seemed good to the holy ghost , and to us , to lay upon you no more burden , saving onely these things of necessity ; abstinence from idol-off rings , from strangled , and blood , and from fornication . so that in other things positive , which the coming of christ did not necessarily extinguish , the gentiles were left altogether free . neither ought it to seem unreasonable , that the gentiles should necessarily be bound and tied to jewish ordinances , so far forth as that decree importeth . for to the jew , who knew , that their difference from other nations , which were aliens and strangers from god , did especially consist in this , that gods people had positive ordinances given to them of god himself ; it seemed marvellous hard , that the christian gentiles should be incorporated into the same commonwealth with gods own chosen people , and be subject to no part of his statues , more then onely the law of nature , which heathens count themselves bound unto . it was an opinion constantly received amongst the jews , that god did deliver unto the sons of noah seven precepts : namely , to live in some form of regiment under ; first , publick laws : secondly , to serve and call upon the name of god : thirdly , to shun idolatry : fourthly , not to suffer effusion of the blood : fifthly , to abhor all unclean knowledge in the flesh : sixthly , to commit no rapine : seventhly , and finally , not to eat of any living creature , whereof the blood was t first let out . if therefore the gentiles would be exempted from the law of moses , yet it might seem hard , they should also cast off , even those things positive which were observed before moses , and which were not of the same kinde with laws that were necessarily to cease . and peradventure hereupon , the council saw it expedient to determine , that the gentiles should according unto the third , the seventh , and the fifth of those precepts , abstain from things sacrificed unto idols , from strangled and blood , and from fornication . the rest , the gentiles did of their own accord observe , nature leading them thereunto . and did not nature also teach them to abstain from fornication● no doubt it did . neither can we with reason think , that as the former two are positive ; so likewise this , being meant as the apostle doth otherwise usually understand it . but very marriage , within a number of degrees , being not onely by the law of moses , but also by the law of the sons of noah ( for so they took it ) an unlawful discovery of nakedness : this discovery of nakedness by unlawful marriages , such as moses in the law reckoneth up , i think it for mine own part more probable to have been meant in the words of that canon , then fornication according unto the scase of the law of nature . words must be taken , according to the matter whereof they are uttered . the apostles command to abstain from blood. construe this according to the law of nature , and it will seem that homicide onely is forbidden . but construe it in reference to the law of the jews , about which the question was , and it shall easily appear to have a clean other sense , and in any mans judgment , a truer , when we expound it of eating , and not of shedding blood : so it we speak of fornication , he that knoweth no law , but onely the law of nature , must needs make thereof a narrower construction , then he which measureth the same by a law , wherein sundry kindes , even of conjugal copulation are prohibited as impure , unclean , unhonest . st. paul himself doth term incestuous marriage , fornication . if any do rather think , that the christian gentiles themselves , through the loose and corrupt custom of those times , took simple fornication for no sin , and were in that respect offensive unto believing jews , which by the law had been better taught ; our proposing of another conjecture , is unto theirs no prejudice . some things therefore we see there were , wherein the gentiles were forbidden to be like unto the jews ; some things wherein they were commanded not to be unlike . again , some things also there were , wherein no law of god did let , but that they might be either like or unlike ; as occasion should require . and unto this purpose leo saith , apostolical ordinance ( beloved ) knowing that our lord iesus christ came not into this world to undo the law , hath in such sort distinguished the mysteries of the old testament , that certain of them it hath chosen one to benefit evangelical knowledge withal , and for that purpose appointed , that those things which before were iewish , might now be christian customs . the cause why the apostles did thus conform the christians as much as might be , according to the pattern of the jews , was to rein them in by this mean the more , and to make them cleave the better . the church of christ , hath had in no one thing , so many and so contrary occasions of dealing , as about judaism ; some having thought the whole jewish law wicked and damnable in it self ; some not condemning it as the former sort absolutely , have notwithstanding judged it , either sooner necessary to be abrogated , or further unlawful to be observed then truth can bear ; some of scrupulous simplicity urging perpetual and universal observation of the law of moses necessary , as the christian jews at the first in the apostles times ; some as hereticks , holding the same no less even after the contrary determination set down by consent of the church at ierusalem ; finally , some being herein resolute through meer infidelity ; and with open profest enmity against christ , as unbelieving jews . to controul slanderers of the law and prophets , such as marcionites and manichees were , the church in her liturgies hath intermingled with readings out of the new testament , lessons taken out of the law and prophets ; whereunto tertullian alluding , saith of the church of christ , it intermingleth with evangelical and apostolical writings , the law and the prophets ; and from thence it drinketh in that faith which with water is sealeth , cloatheth with the spirit , nourisheth with eucharist , with martyrdom setteth forward . they would have wondred in those times to hear , that any man being not as favorer of heresie , should term this by way of disdain , mangling of the gospels and epistles . they which honor the law as an image of the wisdom of god himself , are notwithstanding to know that the same had an end in christ. but what ? was the law so abolished with christ , that after his ascension the office of priests , became immediately wicked , and the very name hateful , as importing the exercise of an ungodly function ? no , as long as the glory of the temple continued , and till the time of that final desolation was accomplished , the very christian jews did continue with their sacrifices , and other parts of legal service . that very law therefore which our saviour was to abolish , did not so soon become unlawful to be observed as some imagine ; nor was it afterward unlawful so far , that the very name of altar , of priests , of sacrifice it self , should be banished out of the world. for though god do now hate sacrifice , whether it be heathenish or jewish , so that we cannot have the same things which they had , but with impiety ; yet unless there be some greater let then the onely evacuation of the law of moses , the names themselves may ( i hope ) be retained without sin , in respect of that proportion , which things established by our saviour have unto them which by him are abrogated . and so throughout all the writings of the ancient fathers , we see that the words which were , do continue ; the onely difference it , that whereas before they had a literal , they now have a metaphorical use ; and are as so many notes of remembrance unto us , that what they did signifie in the letter , is accomplished in the truth . and as no man can deprive the church of this liberty , to use names whereunto the law was accustomed ; so neither are we generally forbidden the use of things which the law hath , though it neither command us any particularity , as it did the jews a number ; and the weightiest which it did command them , are unto us in the gospel prohibited . touching such , as through simplicity of error , did urge universal and perpetual observation of the law of moses at the first , we have spoken already . against jewish hereticks and false apostles teaching afterwards the self-same , st. paul in every epistle commonly either disputeth or giveth warning . jews that were zealous for the law but withal infidels in respect of christianity , and to the name of jesus christ most spightful enemies , did while they flourished , no less persecute the church then heathens ; and after their estate was overthrown , they were not that way so much to be feared . howbeit , because they had their synagogues in every famous city almost throughout the world. and by that means great opportunity to withdraw from the christian faith , which to do , they spared no labor ; this gave the church occasion to make sundry laws against them . as , in the council of laodicea , the festival presents which iews or hereticks use to send , must not be received , nor holidays solemnized in their company . again , from the iews , men ought not to receive their unlevened [ bread ] nor to communicate with their impieties . which council was afterwards indeed confirmed by the sixth general council . but what was the true sense or meaning , both of the one , and the other ? were christians here forbidden to communicate in unleavened bread , because the jews did so , being enemies of the church ? he which attentively shall weigh the words , will suspect that they rather forbid communion with jews , then imitation of them ; much more , if with these two decrees be compared a third in the council of constantinople : let no man , either of the clergy or laity , eat the unleavened of the iews , nor enter into any familiarity with them , nor send for them in sickness , nor take physick at their hands , nor as much as go into the ●ath with them . if any do otherwise , being a clergy-man , let him be deposed ; if being a lay-person , let excommunication be his punishment . if these canons were any argument , that they which made them , did utterly condemn similitude between the christians and jews , in things indifferent appertaining unto religion , either because the jews were enemies unto the church , or else for that their ceremonies were abrogated ; these reasons had been as strong and effectual against their keeping the feast of easter on the same day the jews kept theirs , and not according to the custom of the west church . for so they did from the first beginning till constantine's time . for in these two things , the east and west churches did interchangeably both confront the jews , and concur with them ; the west church using unleavened bread , as the jews in their passover did , but differing from them in the day whereon they kept the feast of easter ; contrariwise , the east church celebrating the feast of easter on the same day with the jews , but not using the same kinde of bread which they did . now ● so be the east church in using leavened bread had done well , either for that the jews were enemies to the church , or because jewish ceremonies were abrogated ; how should we think but that victor , the bishop of rome , ( whom all judicious men do in that behalf disallow ) did well to be so vehement and fierce in drawing them to the like dissimilitude for the feast of easter ? again , if the west churches had in either of those two respects affected dissimilitude with the jews in the feast of easter , what reason had they to draw the eastern church herein unto them , which reason did not enforce them to frame themselves unto it in the ceremony of leavened bread ? difference in rites should breed no controversie , between one church and another ; but if controversie be once bred , it must be ended . the feast of easter being therefore litigious in the days of constantine , who honored of all other churches most , the church of rome ; which church was the mother , from whose brests he had drawn that food which gave him nourishment to eternal life ; fith agreement was necessary , and yet impossible , unless the one part were yielded unto ; his desire was , that of the two , the eastern church should rather yield . and to this end he useth sundry perswasive speeches . when stephen , bishop of rome , going about to shew what the catholick church should do , had alledged what the hereticks themselves did , namely , that they received such as came unto them ; and offered not to baptize them anew ; st. cyprian , being of a contrary minde to him , about the matter at that time in question , which was , whether hereticks converted , ought to be rebaptized , yea , or no ; answered the allegation of pope stephen with exceeding great stomach , saying , to this degree of wretchedness , the church of god , and spouse of christ is now come , that her ways she frameth to the example of hereticks ; that to celebrate the sacraments , which heavenly instruction hath delivered , light it self doth borrow from darkness , and christians do that which antichrists do . now albeit constantine have done that , to further a better cause , which cyprian did to countenance a worse , namely , the rebaptization of hereticks ; and have taken advantage at the odiousness of the jews , as cyprian of hereticks , because the eastern church kept their feast of easter , always the fourteenth day of the moneth , as the jews did , what day of the week soever it fell ; or howsoever constantine did take occasion in the handling of that cause , to say , * it is unworthy to have any thing common with that spightful nation of the iews : shall every motive argument used in such kinde of conferences , be made a rule for others still to conclude the like by , concerning all things of like nature , when as probable enducements may lead them to the contrary ? let both this and other allegations suitable unto it , cease to bark any longer idly against that truth , the course and passage whereof , it is not in them to hinder . . but the weightiest exception , and of all the most worthy to be respected , is against such kinde of ceremonies , as have been so grosly and shamefully abused in the church of rome , that were they remain they are scandalous , yea , they cannot chuse but be stumbling blocks , and grievous causes of offence . concerning this point therefore we are first to note , what properly it is , to be scandalous or offensive . secondly , what kinde of ceremonies are such . and thirdly , when they are necessarily for remedy thereof , to be taken away , and when not . the common conceit of the vulgar sort is , whensoever they see any thing which they mislike and are angry at , to think that every such thing is scandalous , and that themselves in this case are the men concerning whom our saviour spake in so fearful manner , saying , whosoever shall scandalize or offend any one of these little ones which believe in me , ( that is , as they construe it , whosoever shall anger the meanest and simplest artizan which carrieth a good minde , by not removing out of the church , such rites and ceremonies as displease him ) better he were drowned in the bottom of the sea. but hard were the case of the church of christ , if this were to scandalize . men are scandalized when they are moved , led , and provoked unto sin . at good things evil men may take occasion to do evil ; and so christ himself was a rock of offence in israel , they taking occasion at his poor estate , and at the ignominy of his cross , to think him unworthy the name of that great and glorious mesias , whom the prophets describe in such ample and stately terms . but that which we therefore term offensive , because it inviteth men to offend , and by a dumb kinde of provocation , encourageth , moveth , or any way leadeth unto sin , must of necessity be acknowledged actively scandalous . now some things are so even by their very essence and nature , so that wheresoever they be found , they are not , neither can be without this force of provocation unto evil ; of which kinde , all examples of sin and wickedness are . thus david was scandalous , in that bloody act , whereby he caused the enemies of god to be blasphemous : thus the whole state of israel was scandalous ; when their publick disorders caused the name of god to be ill spoken of amongst the nations : it is of this kinde that tertullian meaneth : offence or scandal , if i be not deceived , saith he , is when the example not of a good , but of an evil thing , doth set men forward to ●●● sin . good things can scandalize none , save onely evil mindes : good things have no scandalizing nature in them . yet that which is of it own nature , either good , or at least not evil ; may by some accident become scandalous at certain times , and in certain places , and to certain men ; the open use thereof , nevertheless , being otherwise without danger . the very nature of some rites and ceremonies therefore is scandalous , as it was in a number of those which the manichees did use , and is in all such as the law of god doth forbid . some are offensive onely through the agreement of men to use them unto evil , and not else ; as the most of those things indifferent , which the heathens did to the service of their false gods ; which another , in heart condemning their idolatry , could not do with them in shew and token of approbation , without being guilty of scandal given . ceremonies of this kinde , are either devised at the first unto evil ; as the eunomian hereticks in dishonor of the blessed trinity , brought in the laying on of water but once , to cross the custom of the church , which in baptism did it thrice : or else having had a profitable use , they are afterwards interpreted and wrested to the contrary ; as those hereticks which held the trinity to be three distinct , not persons , but natures , abused the ceremony of three times laying on water in baptism , unto the strengthning of their heresie . the element of water is in baptism necessary ; once to lay it on , or twice , is indifferent . for which cause , gregory making mention thereof , saith , to dive an insant , either thrice , or but once in baptism , can be no way a thing reproveable ; seeing that both in three times washing , the trinity of persons ; and in one , the unity of the godhead may be signified . so that of these two ceremonies , neither being hurtful in it self , both may serve unto good purpose ; yet one was devised , and the other converted unto evil . now whereas in the church of rome , certain ceremonies are said to have been shamefully abused unto evil , as the ceremony of crossing at baptism , of kneeling at the eucharist , of using wafer-cakes , and such like ; the question is , whether for remedy of that evil , wherein such ceremonies have been scandalous , and perhaps may be still unto some , even amongst ourselves , whom the presence and sight of them may confirm in that ●ormer error , whereto they served in times past , they are of necessity to be removed . are these , or any other ceremonies we have common with the church of rome , scandalous and wicked in their very nature ? this no man objecteth . are any such as have been polluted from their very birth , and instituted , even at the first , unto that thing which is evil ? that which hath been ordained impiously at the first , may wear out that impiety in tract of time ; and then , what doth let , but that the use thereof may stand without offence ? the names of our moneths and of our days , we are not ignorant from whence they came , and with what dishonor unto god , they are said to have been devised at the first . what could be spoken against any thing more effectual to stir hatred , then that which sometime the antient fathers in this case speak ? yet those very names are at this day in use throughout christendom , without hurt or scandal to any . clear and manifest it is , that things devised by hereticks , yea , devised of a very heretical purpose , even against religion , and at their first devising worthy to have been withstood , may in time grow meet to be kept ; as that custom , the inventers whereof were the eunomian hereticks . so that customs once established and confirmed by long use , being presently without harm , are not in regard of their corrupt original to be held scandalous . but concerning those our ceremonies which they reckon for most popish , they are not able to avouch that any of them was otherwise instituted , then unto good ; yea , so used at the first . it followeth then , that they all are such as having served to good purpose , were afterwards converted unto the contrary . and sith it is not so much as objected against us , that we retain together with them , the evil wherewith they have been infected in the church of rome : i would demand , who they are whom we scandalize , by using harmless things unto that good end , for which they were first instituted . amongst our selves that agree in the approbation of this kinde of good use , no man will say , that one of us is offensive and scandalous unto another . as for the favorers of the church of rome , they know how far we herein differ and dissent from them ; which thing neither we conceal , and they by their publick writings also profess daily , how much it grieveth them : so that of them , there will not many rise up against us , as witnesses unto the inditement of scandal , whereby we might be condemned and cast , as having strengthned them in that evil , wherewith they pollute themselves in the use of the same ceremonies . and concerning such as withstand the church of england herein , and hate it because it doth not sufficiently seem to hate rome ; they ( i hope ) are far enough from being by this mean drawn to any kinde of popish error . the multitude therefore of them , unto whom we are scandalous through the use of abused ceremonies , is not so apparent , that it can justly be said in general of any one sort of men or other , we cause them to offend . if it be so , that now or then some few are espied , who having been accustomed heretofore to the rites and ceremonies of the church of rome , are not so scoured of their former rust , as to forsake their antient perswasion which they have had , howsoever they frame themselves to outward obedience of laws and orders ; because such may misconster the meaning of our ceremonies , and so take them , as though they were in every sort the same they have been , shall this be thought a reason sufficient whereon to conclude , that some law must necessarily be made to abolish all such ceremonies ? they answer , that there is no law of god which doth binde us to retain them . and st. pauls rule is , that in those things from which without hurt we may lawfully abstain , we should frame the usage of our liberty , with regard to the weakness and imbecillity of our brethren . wherefore unto them which stood upon their own defence , saying , all things are lawful unto me ; he replieth , but all things are not expedient in regard of others . all things are clean , all meats are lawful ; but evil unto that man that eateth offensively . if for thy meats sake , thy brother be grieved , thou walkest no longer according to charity . destroy not him with thy meat , for whom christ died . dissolve not for foods sake the work of god. we that are strong , must bear the imbecillity of the impotent , and not please ourselves . it was a weakness in the christian jews , and a maim of judgment in them , that they thought the gentiles polluted by the eating of those meats , which themselves were afraid to touch , for fear of transgressing the law of moses ; yea , hereat their hearts did so much rise , that the apostle had just cause to fear , lest they would rather forsake christianity , then endure any fellowship with such , as made no conscience of that which was unto them abominable . and for this cause mention is made of destroying the weak by meats , and of dissolving the work of god , which was his church , a part of the living stones whereof , were believing jews . now those weak brethren before mentioned are said to be as the jews were , and our ceremonies which have been abused in the church of rome , to be as the scandalous meats , from which the gentiles are exhorted to abstain in the presence of jews , for fear of averting them from christian faith. therefore as charity did binde them to refrain from that , for their brethrens sake , which otherwise was lawful enough for them ; so it bindeth us for our brethrens sake likewise , to abolish such ceremonies , although we might lawfully else retain them . but between these two cases there are great odds . for neither are our weak brethren as the jews , nor the ceremonies which we use as the meats which the gentiles used . the jews were known to be generally weak in that respect ; whereas contrariwise the imbecillity of ours is not common unto so many , that we can take any such certain notice of them . it is a chance , if here and there some one be found ; and therefore seeing we may presume men commonly otherwise , there is no necessity , that our practice should frame it self , by that which the apostle doth prescribe to the gentiles . again , their use of meats was not like unto our ceremonies ; that being a matter of private action in common life , where every man was free to order that which himself did ; but this a publick constitution for the ordering of the church : and we are not to look , that the church should change her publick laws and ordinances , made according to that which is judged ordinarily and commonly fittest for the whole , although it chance that for some particular men , the same be found inconvenient , especially when there may be other remedy also against the sores of particular incoveniences . in this case therefore , where any private harm doth grow , we are not to reject instruction , as being an unmeet plaister to apply unto it ; neither can we say , that he which appointeth teachers for physicians in this kinde of evil , is , as if a man would set one to watch a childe all day long , lest he should hurt himself with a knife , whereas by taking away the knife from him , the danger is avoided , and the service of the man better employed . for a knife may be taken from a childe , without depriving them of the benefit thereof which have years and discretion to use it . but the ceremonies which children do abuse , if we remove quite and clean , as it is by some required that we should ; then are they not taken from children onely , but from others also ; which is as though , because children may perhaps hurt themselves with knives , we should conclude , that therefore the use of knives is to be taken quite and clean even from men also . those particular ceremonies which they pretend to be so scandalous , we shall in the next book have occasion more throughly to sift , where other things also traduced in the publick duties of the church , whereunto each of these appertaineth , are together with these to be touched , and such reasons to be examined as have at any time been brought , either against the one , or the other . * in the mean while , against the conveniency of curing such evils by instruction , strange it is , that they should object the multitude of other necessary matters , wherein preachers may better bestow their time , then in giving men warning not to abuse ceremonies : a wonder it is , that they should object this , which have so many years together , troubled the church with quarrels , concerning these things ; and are even to this very hour so earnest in them , that if they write or speak publickly but five words , one of them is lightly about the dangerous estate of the church of england , in respect of abused ceremonies . how much happier had it been for this whole church , if they which have raised contention therein , about the abuse of rites and ceremonies , had considered in due time that there is indeed store of matters , fitter and better a great deal , for teachers to spend time and labor in ? it is through their importunate and vehement asteve●ations , more then through any such experience which we have had of our own . that we are enforced to think it possible for one or other , now and then , at leastwise , in the prime of the reformation of our church , to have stumbled at some kinde of ceremonies . wherein , for as much as we are contented to take this upon their credit , and to think it may be ; sith also , they further pretend the same to be so dangerous a snare to their souls , that are at any time taken therein ; they must give our teachers leave , for the saving of those souls ( be they never so few ) to intermingle sometime with other more necessary things , admonition concerning these not unnecessary . wherein they should in reason more easily yield this leave , considering , that hereunto we shall not need to use the hundredth part of that time , which themselves think very needful to bestow , in making most bitter invectives against the ceremonies of the church . . but to come to the last point of all ; the church of england is grievously charged with forgetfulness of her duty , which duty had been to traine her self unto the pattern of their example , that went before her in the work of reformation . a for as the churches of christ ought to be most unlike the synagogue of antichrist in their indifferent ceremonies ; so they ought to be most like one unto another , and for preservation of unity , to have as much as possible may be , all the same ceremonies . and therefore st. paul to establish this order in the church of corinth b , that they should make their gatherings for the poor upon the first day of the sabbath ( which is our sunday ) alledgeth this for a reason , that he had so ordained in other churches . again , as children of one father , and servants of one family ; so all churches should not onely have one diet , in that they have one word , but also wear , as it were , one livery in using the same ceremonies . thirdly , c this rule did the great council of nice follow , when it ordained , that where certain at the feast of pentecost did pray kneeling , they should pray standing : the reason whereof is added , which is , that one custom ought to be kept throughout all churches . it is true , that the diversity of ceremonies ought not to cause the churches to dissent out with another : but yet it maketh most to the avoiding of dissention , that there be amongst them an unity , not onely in doctrine , but also in ceremonies . d and therefore our form of service is to be amended , not onely for that it cometh too near that of the papists , but also because it is so different from that of the reformed churches . being asked to what churches ours should conform it self ? and why other reformed churches should not as well frame themselves to ours ? their answer is , that if there be any ceremonies which we have better then others , they ought to frame themselves to us : if they have better then we , then we ought to frame ourselves to them : if the ceremonies be alike commodious , tha latter churches should conform themselves to the first , as the younger daughter to the elder . e for as st. paul in the members , where all other things are equal , noteth it for a mark of honor above the rest , that one is called before another to the gospel ; so is it , for the same cause , amongst the churches . f and in this respect he pincheth the corinths , that not being the first which received the gospel , yet they would have their several manners from other churches . moreover , where the ceremonies are alike commodious , the fewer ought to conform themselves unto the moe . for as much therefore as all the churches ( so far as they know which plead after this manner ) of our confession in doctrine , agree in the abrogation of divers things which we retain : our church ought , either to shew that they have done evil , or else she is found to be in fault that doth not conform her self in that , which she cannot deny to be well abrogated . in this axiom , that preservation of peace and unity amongst christian churches should be by all good means procured , we joyn most willingly and gladly with them . neither deny we , but that , to the avoiding of dissention , it availeth much , that there be amongst them an unity as well in ceremonies as in doctrine . the onely doubt is , about the manner of their unity ; how far churches are bound to be uniform in their ceremonies , and what way they ought to take for that purpose . touching the one , the rule which they have set down , is , that in ceremonies indifferent , all churches ought to be , one of them unto another , as like as possibly they may be . which possibly , we cannot otherwise conster , then that it doth require them to be , even as like as they may be , without breaking any positive ordinance of god. for the ceremonies whereof we speak , being matter of positive law ; they are indifferent , if god have neither himself commanded nor forbidden them , but left them unto the churches discretion ; so that if as great uniformity be required as is possible in these things , seeing that the law of god forbiddeth not any one of them ; it followeth , that from the greatest unto the least , they must be in every christian church the same , except meer impossibility of so having it , be the hindrance . to us this opinion seemeth over-extream and violent : we rather incline to think it a just and reasonable cause for any church , the state whereof is free and independent ; if in these things it differ from other churches , onely for that it doth not judge it so fit and expedient , to be framed therein by the pattern of their example , as to be otherwise framed then they . that of gregory unto leander , is a charitable speech , and a peaceable ; in una side , nil officit ecclesiae sancta consuetudo diversa . where the faith of the holy church is one , a difference in customs of the church doth no harm . that of st. augustine to cassulanus , is somewhat particular , and toucheth , what kinde of ceremonies they are , wherein one church may vary from the example of another , without hurt . let the faith of the whole church , how wide soever it hath spred it self , be always one , although the unity of belief be famous for variety of certain ordinances , whereby that which is rightly believed , suffereth no kinde of let or impediment . calvin goeth further , as concerning rites in particular , let the sentence of augustine take place , which leaveth it free unto all churches to receive their own custom . yea , sometime it profiteth , and is expedient that there be difference , lest men should think that religion is tyed to outward ceremonies . always provided , that there be not any emulation , nor that churches , delighted with novelty , affect to have that which others have not . they which grant it true , that the diversity of ceremonies in this kinde , ought not to cause dissension in churches , must either acknowledge , that they grant in effect nothing by these words ; or , if any thing be granted , there must as much be yielded unto , as we affirm against their former strict assertion . for , if churches be urged by way of duty , to take such ceremonies as they like not of , how can dissension be avoided ? will they say , that there ought to be no dissension , because such as are urged , ought to like of that whereunto they are urged ? if they say this , they say just nothing . for how should any church like to be urged of duty , by such as have no authority or power over it , unto those things which being indifferent , it is not of duty bound unto them ? is it their meaning , that there ought to be no dissension , because , that which churches are not bound unto , no man ought by way of duty to urge upon them ? and if any man do , he standeth in the sight both of god and men most justly blameable , as a needless disturber of the peace of gods church , and an author of dissension . in saying this , they both condemn their own practice , when they press the church of england with so strict a bond of duty in these things ; and they overthrow the ground of their practice , which is , that there ought to be in all kinde of ceremonies uniformity , unless impossibility hinder it . for proof whereof , it is not enough to alledge what st. paul did about the matter of collections , or what noblemen do in the liveries of their servants , or what the council of nice did for standing in time of prayer on certain days : because , though st. paul did will them of the church of corinth a , every man to lay up somewhat by him upon the sunday , and to reserve it in store , till himself did come thither , to send it unto the church of ierusalem for relief of the poor there ; signifying withal , that he had taken the like order with the churches of galatia ; yet the reason which he yieldeth of this order taken , both in the one place and the other , sheweth the least part of his meaning to have been that , whereunto his words are writhed . b concerning collection for the saints ( he meaneth them of ierusalem ) as i have given order to the church of galatia , so likewise do ye ( saith the apostle , ) that is , in every first day of the week , let each of you lay aside by himself ; and reserve according to that which god hath blessed him with , that when i come , collections be not then to make ; and that when i am come , whom you shall chuse , them i may forthwith send away by letters , to carry your beneficence unto jerusalem . out of which words , to conclude the duty of uniformity throughout all churches in all manner of indifferent ceremonies , will be very hard , and therefore best to give it over . but perhaps they are by so much the more loth to forsake this argument , for that it hath , though nothing else , yet the name of scripture , to give it some kinde of countenance more then the pretext of livery-coats affordeth them . for neither is it any mans duty to cloath all his children , or all his servants with one weed ; nor theirs to cloath themselves so , if it were left to their own judgments , as these ceremonies are left of god , to the judgment of the church . and seeing churches are rather in this case like divers families , then like divers servants of one family , because every church , the state whereof is independent upon any other , hath authority to appoint orders for it self in things indifferent ; therefore of the two , we may rather infer , that as one family is not abridged of liberty to be cloathed in friers gray , for that another doth wear clay colour ; so neither are all churches bound to the self-same indifferent ceremonies which it liketh sundry to use . as for that canon in the council of nice , let them but read it , and weigh it well . the ancient use of the church throughout all christendom , was , for fifty days after easter ( which fifty days were called pentecost , though most commonly the last day of them , which is whitsunday , he so called ) in like sort , on all sundays throughout the whole year , their manner was to stand at prayer : whereupon their meetings unto that purpose on those days , had the name of stations given them . of which custom tertullian speaketh in this wise , it is not with us thought sit , either to fast on the lords day , or to pray kneeling . the same immunity from fasting and kneeling , we keep all the time which is between the feasts of easter and pentecost . this being therefore an order generally received in the church ; when some began to be singular and different from all others , and that in a ceremony which was then judged very convenient for the whole church , even by the whole , those few excepted which break out of the common pale ; the council of nice thought good to enclose them again with the rest , by a law made in this sort : because there are certain which will needs kneel at the time of prayer on the lords day , and in the fifty days after easter ; the holy synod judging it meet , that a convenient custom be observed throughout all churches , hath decreed , that standing we make our prayers to the lord. whereby it plainly appeareth , that in things indifferent , what the whole church doth think convenient for the whole , the same if any part do wilfully violate , it may be reformed and inraised again by that general authority whereunto each particular is subject , and that the spirit of singularity in a few , ought to give place unto publick judgment ; this doth clearly enough appear , but not that all christian churches are bound in every indifferent ceremony to be uniform ; because where the whole church hath not tyed the parts unto one and the same thing , they being therein left each to their own choice , may either do as others do , or else otherwise , without any breach of duty at all . concerning those indifferent things , wherein it hath been heretofore thought good , that all christian churches should be uniform , the way which they now conceive to bring this to pass was then never thought on . for till now it hath been judged , that seeing the law of god doth not prescribe all particular ceremonies which the church of christ may use , and in so great variety of them as may be found out ; it is not possible , that the law of nature and reason should direct all churches unto the same things , each deliberating by it self , what is most convenient : the way to establish the same things indifferent throughout them all , must needs be the judgment of some judicial authority drawn into one onely sentence , which may be a rule for every particular to follow . and because such authority over all churches , is too much to be granted unto any one mortal man ; there yet remaineth that which hath been always followed , as the best , the safest , the most sincere and reasonable way ; namely , the verdict of the whole church orderly taken , and set down in the assembly of some general council . but to maintain , that all christian churches ought for unities sake to be uniform in all ceremonies , and then to teach , that the way of bringing this to pass , must be by mutual imitation , so that where we have better ceremonies then others , they shall be bound to follow us , and we them , where theirs are better : how should we think it agreeable and consonant unto reason ? for sith in things of this nature , there is such variety of particular inducements , whereby one church may be led to think that better , which another church led by other inducements judgeth to be worse : ( for example , the east church did think it better to keep easter day after the manner of the jews ; the west church better to do otherwise ; the greek church judgeth it worse to use unleavened bread in the eucharist , the latine church leavened : one church esteemeth it not so good , to receive the eucharist sitting as standing , another church not so good standing as sitting , there being on the one side probable motives , as well as on the other ) unless they add somewhat else , to define more certainly what ceremonies shall stand for best , in such sort , that all churches in the world shall know them to be the best , and so know them , that there may not remain any question about this point , we are not a whit the nearer for that they have hitherto said , they themselves although resolved in their own judgments what ceremonies are best , foreseeing that such as they are addicted unto , be not all so clearly and so incomparably best ; but others there are , or may be , at leastwise , when all things are well considered , as good ; knew not which way smoothly to rid their hands of this matter , without providing some more certain rule to be followed for establishment of uniformity in ceremonies , when there are divers kindes of equal goodness : and therefore in this case they say , that the latter churches , and the fewer , should conform themselves unto the elder , and the moe . hereupon they conclude , that for as much as all the reformed churches ( so far as they know ) which are of our confession in doctrine , have agreed already in the abrogation of divers things which we retain : our church ought either to shew , that they have done evil , or else she is found to be in fault for not conforming her self to those churches , in that which she cannot deny to be in them well abrogated . for the authority of the first churches , ( and those they account to be the first in this cause which were first reformed ) they bring the comparison of younger daughters conforming themselves in attire to the example of their elder sisters ; wherein there is just as much strength of reason , as in the livery coats beforementioned . st. paul , they say , noteth it for a mark of special honor , that epanetus was the first man in all athaia , which did embrace the christian faith ; after the same sort , he toucheth it also as a special preheminence of iunius and andronicus , that in christianity they were his ancients . the corinthians he pincheth with this demand , hath the word of god gone out from you , or hath it lighted on you alone ? but what of all this ? if any man should think that alacrity and forwardness in good things , doth add nothing unto mens commendation ; the two former speeches of st. paul might lead him to reform his judgment . in like sort to take down the stomach of proud conceited men , that glory , as though they were able to set all others to school , there can be nothing more fit , then some such words as the apostles third sentence doth contain ; wherein he teacheth the church of corinth to know , that there was no such great odds between them , and the rest of their brethren , that they should think themselves to be gold , and the rest to be but copper . he therefore useth speech unto them to this effect : men instructed in the knowledge of iesus christ there both were before you , and are besides you in the world ; ye neither are the fountain from which first , nor yet the river into which alone , the word hath flowed . but although as epanetus was the first man in all achaia , so corinth had been the first church in the whole world that received christ ; the apostle doth not shew , that in any kinde of things indifferent whatsoever , this should have made their example a law unto all others . indeed , the example of sundry churches for approbation of one thing doth sway much ; but yet still as having the force of an example onely , and not of a law. they are effectual to move any church , unless some greater thing do hinder ; but they binde none , no not , though they be many ; saving onely when they are the major part of a general assembly , and then their voices being more in number , must over-sway their judgments who are fewer , because in such cases the greater half is the whole . but as they stand out single , each of them by it self , their number can purchase them no such authority , that the rest of the churches being fewer , should be therefore bound to follow them , and to relinguish as good ceremonies as theirs for theirs . whereas therefore it is concluded out of these so weak premisses , that the retaining of divers things in the church of england , which other reformed churches have cast out , must needs argue that we do not well , unless we can shew that they have done ill , what needed this wrest to draw out from us an accusation of forein churches ? it is not proved as yet , that if they have done well , our duty is to follow them ; and to forsake our own course , because it differeth from theirs , although indeed it be as well for us every way , as theirs for them . and if the proofs alledged for confirmation hereof had been sound , yet seeing they lead no further then onely to shew , that where we can have no better ceremonies , theirs must be taken ; as they cannot with modesty think themselves to have found out absolutely the best , which the wit of men may devise ; so liking their own somewhat better then other mens , even because they are their own , they must in equity allow us to be like unto them in this affection : which if they do , they ease us of that uncourteous burden , whereby we are charged , either to condemn them , or else to follow them . they grant we need not follow them , if our own ways already be better . and if our own be but equal , the law of common indulgence alloweth us to think them , at the least , half a thought the better , because they are our own , which we may very well do , and never draw any inditement at all against theirs , but think commendably even of them also . . to leave reformed churches therefore , and their actions , for him to judge of , in whose sight they are , as they are , and our desire is , that they may even in his sight , be found such , as we ought to endeavor by all means , that our own may likewise be : somewhat we are enforced to speak by way of simple declaration , concerning the proceedings of the church of england in these affairs , to the end , that men whose mindes are free from those partial constructions , whereby the onely name of difference from some other churches , is thought cause sufficient to condemn ours , may the better discern , whether that we have done , be reasonable , yea or no. the church of england being to alter her received laws , concerning such orders , rites , and ceremonies , as had been in former times an hinderance unto piety and religious service of god , was to enter into consideration first , that the change of laws , especially concerning matter of religion , must be warily proceeded in . laws , as all other things humane , are many times full of imperfection , and that which is supposed behoveful unto men , proveth oftentimes most pernicious . the wisdom which is learned by tract of time , findeth the laws that have been in former ages established , needful in latter to be abrogated . besides , that which sometime is expedient , doth not always so continue ; and the number of needless laws unabolished , doth weaken the force of them that are necessary . but true withal it is , that alteration , though it be from worse to better , hath in it inconveniences , and those weighty ; unless it bein such laws as have been made upon special occasions , which occasions ceasing , laws of that kinde do abrogate themselves . but when we abrogate a law , as being ill made , the whole cause for which it was made still remaining ; do we not herein revoke our very own deed , and upbraid our selves with folly , yea , all that were makers of it , with oversight and with error ? further , if it be a law which the custom and continual practice of many ages or years , hath consumed in the mindes of men ; to alter it , must needs be troublesome and scandalous . it amazeth them , it causeth them to stand in doubt , whether any thing be in it self by nature , either good or evil ; and not all things rather such as men at this or that time agree to account of them , when they behold even those things disproved , disannulled , rejected , which use had made in a manner natural . what have we to induce men unto the willing obedience and observation of laws , but the weight of so many mens judgments , as have with deliberate advice assented thereunto ; the weight of that long experience , which the world hath had thereof , with consent and good liking ? so that to change any such law , must needs with the common sort impair and weaken the force of those grounds , whereby all laws are made effectual . notwithstanding , we do not deny alteration of laws to be sometimes a thing necessary ; as when they are unnatural , or impious , or otherwise hurtful unto the publick community of men , and against that good for which humane societies were instituted . when the apostles of our lord and saviour were ordained to alter the laws of heatherish religion , received throughout the whole world ; chosen i grant , they were ( paul excepted ) the rest ignorant , poor , simple , unschooled altogether , and unlettered men ; howbeit , extraordinarily endued with ghostly wisdom from above , before they ever undertook this enterprise , yea , their authority confirmed by miracle , to the end ; it might plainly appear , that they were the lords ambassadors , unto whose soveraign power for all flesh to stoop , for all the kingdoms of the earth to yield themselves willingly conformable in whatsoever should be required , it was their duty . in this case therefore , their oppositions in maintenance of publick superstition against apostolick endeavors , as that they might not condemn the ways of their ancient predecessors , that they must keep religiones traditas , the rites which from age to age had descended , that the ceremonies of religion had been ever accounted by so much holier as elder ; these , and the like allegations in this case , were vain and frivolous . not to stay longer therefore in speech concerning this point , we will conclude , that as the change of such laws , as have been specified is necessary , so the evidence , that they are such , must be great . if we have neither voice from heaven , that so pronounceth of them ; neither sentence of men grounded upon such manifest and clear proof , that they in whose hands it is to alter them , may likewise infallibly even in heart and conscience judge them so , upon necessity to urge alteration , is to trouble and disturb without necessity . as for arbitrary alterations ; when laws in themselves not simply bad or unmeet , are changed for better and more expedient , if the benefit of that which is newly better devised , be but small , sith the custom of easiness to alter and change , is so evil , no doubt , but to bear a tolerable sore , is better then to venter on a dangerous remedy . which being generally thought upon , as a matter that touched nearly their whole enterprize , whereas change was notwithstanding concluded necessary , in regard of the great hurt which the church did receive by a number of things then in use , whereupon a great deal of that which had been , was now to be taken away and removed out of the church ; yet sith there are divers ways of abrogating things established , they saw it best to cut off presently such things , as might in that sort be extinguished without danger , leaving the rest to be abolished by disusage through tract of time . and as this was done for the manner of abrogation ; so touching the stint or measure thereof , rites and ceremonies , and other external things of like nature being hurtful unto the church , either in respect of their quality , or in regard of their number ; in the former , there could be no doubt or difficulty , what should be done ; their deliberation in the latter was more hard . and therefore in as much as they did resolve to remove onely such things of that kinde as the church might best spare , retaining the residue , their whole counsel is in this point utterly condemned , as having either proceeded from the blindness of those times , or from negligence , or from desire of honor and glory , or from an erroneous opinion , that such things might be tolerated for a while ; or if it did proceed ( as they which would seem most favorable , are content to think it possible ) from a purpose , partly the easilier to draw papists unto the gospel , by keeping so many orders still the same with theirs , and partly to redeem peace thereby , the breach whereof they might fear , would ensue upon more thorow alteration ; or howsoever it came to pass , the thing they did is judged evil . but such is the lot of all that deal in publick affairs , whether of church or commonwealth , that which men list to surmise of their doings , being it good or ill , they must beforehand , patiently aim their mindes to endure . wherefore to let go private surmises , whereby the thing in it self is not made , either better or worse ; if just and allowable reasons might lead them to do as they did , then are all these censures frustrate . touching ceremonies harmless therefore in themselves , and hurtful onely in respect of number : was it amiss to decree , that those things which were least needful , and newliest come , should be the first that were taken away ; as in the abrogating of a number of saints days , and of other the like custom it appeareth they did , till afterwards the form of common prayer being perfected , articles of sound religion and discipline agreed upon , catechisms framed for the needful instruction of youth , churches purged of things that indeed were but thensom to the people , or to the simple offensive and scandalous , all was brought at the length unto that wherein now we stand ? or was it amiss , that having this way eased the church , as they thought of superfluity , they went not on till they had plucked up even those things also , which had taken a great deal stronger and deeper root , those things , which to abrogate without constraint of manifest harm thereby arising , had been to alter unnecessarily ( in their judgments ) the antient received custom of the whole church , the universal practice of the people of god , and those very decrees of our fathers , which were not onely set down by agreement of general councils , but had accordingly been put in ure , and so continued in use till that very time present ? true it is , that neither councils nor customs , be they never so ancient and so general , can let the church from taking away that thing which is hurtful to be retained . where things have been instituted , which being convenient and good at the first , do afterward in process of time wax otherwise ; we make no doubt , but they may be altered , yea , though councils or customs general have received them . and therefore it is but a needless kinde of opposition which they make , who thus dispute , if in those things which are not expressed in the scripture , that is to be observed of the church , which is the custom of the people of god , and decree of our forefathers ; then how can these things at any time be varied , which heretofore have been once ordained in such sort ? whereto we say , that things so ordained are to be kept , howbeit not necessarily , any longer then till there grow some urgent cause to ordain the contrary . for there is not any positive law of men , whether it be general or particular , received by formal express consent , as in councils ; or by secret approbation , as in customs it cometh to pass ; but the same may be taken away if occasion serve . even as we all know , that many things generally kept heretofore , are now in like sort generally unkept and abolished every where . nothwithstanding till such things be abolished , what exception can there be taken against the judgment of st. augustine , who saith , that of things harmless , whatsoever there is which the whole church doth observe throughout the world , to argue for any mans immunity from observing the same , it were a point of most insolent madness ? and surely , odious it must needs have been for one christian church , to abolish that which all had received and held for the space of many ages , and that without any detriment unto religion , so manifest , and so great , as might in the eyes of unpartial men , appear sufficient to clear them from all blame of rash and inconsiderate proceeding , if in servor of zeal they had removed such things . whereas contrariwise so reasonable moderation herein used , hath freed us from being deservedly subject unto that bitter kinde of obloquy , whereby as the church of rome doth under the colour of love towards those things which be harmless , maintain extreamly most hurtful corruptions ; so we peradventure might be upbraided , that under colour of hatred towards those things that are corrupt , we are on the other side as extream , even against most harmless ordinances ; and as they are obstinate to retain that , which no man of any conscience is able well to defend : so we might be reckoned fierce and violent , to tear away that which if our own mouths did condemn , our consciences would storm and repine thereat . the romans having banished tarquinius the proud , and taken a solemn oath , that they never would permit any man more to reign , could not herewith content themselves , or think that tyranny was throughly extinguished , till they had driven one of their consuls to depart the city , against whom they found not in the world what to object saving onely that his name was tarquine , and that the commonwealth could not seem to have recovered perfect freedom , as long as a man of so dangerous a name was left remaining . for the church of england to have done the like , in casting out papal tyranny and superstition , to have shewed greater willingness of accepting the very ceremonies of the turk , christs professed enemy , then of the most indifferent things which the church of rome approveth : to have left not so much as the names which the church of rome doth give unto things innocent : to have ejected whatsoever that church doth make account of , be it never so harmless in it self , and of never so ancient continuance , without any other crime to charge it with , then onely that it hath been the hap thereof to be used by the church of rome , and not to be commanded in the word of god. this kinde of proceeding might happily have pleased some few men , who having begun such a course themselves , must needs be glad to see their example followed by us . but the almighty which giveth wisdom , and inspireth with right understanding whomsoever it pleaseth him , he foreseeing that which mans wit had never been able to reach unto ; namely , what tragedies the attempt of so extream alteration would raise in some parts of the christian world , did for the endless good of his church ( as we cannot chuse but interpret it ) use the bridle of his provident restraining hand , to stay those eager affections in some , and to settle their resolution upon a course more calm and moderate ; lest as in other most ample and heretofore most flourishing dominions it hath since faln out , so likewise , if in ours it had come to pass , that the adverse part being enraged , and betaking it self to such practices , as men are commonly wont to embrace , when they behold things brought to desperate extremities , and no hope left to see any other end , them onely the utter oppression and clean extinguishment of one side : by this mean christendom flaming in all parts of greatest importance at once , they all had wanted that comfort of mutual relief , whereby they are now for the time sustained ( and not the least by this our church , which they so much impeach ) till mutual combustions , bloodsheds and wastes ( because no other enducements will serve ) may enforce them through very faintness , after the experience of so endless miseries , to enter on all sides at the length into some such consultation , as may tend to the best re-establishment of the whole church of jesus christ , to the singular good whereof , it cannot but serve as a profitable direction , to teach men what is most likely to prove available , when they shall quietly consider the tryal that hath been thus long had of both kindes of reformation ; as well this moderate kinde which the church of england hath taken , as that other more extream and rigorous , which certain churches elswhere have better liked . in the mean while it may be , that suspence of judgment and exercise of charity were safer and seemlier for christian men , then the hot pursuit of these controversies , wherein they that are more fervent to dispute , be not always the most able to determine . but who are on his side , and who against him , our lord in his good time shall reveal . and sith thus far we have proceeded in opening the things that have been done , let not the principal doers themselves be forgotten . when the ruines of the house of god ( that house which consisting of religious souls , is most immediately the precious temple of the holy ghost ) were become not in his sight alone , but in the eyes of the whole world so exceeding great , that very superstition began even to feel it self too far grown ; the first that with us made way to repair the decays thereof , by beheading superstition , was king henry the eighth , the son and successor of which famous king , as we know , was edward the saint : in whom ( for so , by the event we may gather ) it pleased god righteous and just to let england see , what a blessing sin and iniquity would not suffer it to enjoy . howbeit , that which the wiseman hath said concerning enoch ( whose days were , though many in respect of ours , yet scarce , as three to nine in comparison of theirs with whom he lived ) the same to that admirable childe most worthily may be applied , though he departed this world soon yet fulfilled be much time . but what ensued ? that work , which the one in such sort had begun , and the other so far proceeded in , was in short space so overthrown , as if almost it had never been : till such time as that god , whose property is to shew his mercies then greatest when they are nearest to be utterly despaired of , caused in the depth of discomfort and darkness a most glorious star to arise , and on her head setled the crown , whom himself had kept as a lamb from the slaughter of those bloody times , that the experience of his goodness in her own deliverance , might cause her merciful disposition , to take so much the more delight , in saving others , whom the like necessity should press . what in this behalf hath been done towards nations abroad , the parts of christendom most afflicted can best testifie . that which especially concerneth our selves in the present matter we treat of , is , the state of reformed religion , a thing at her coming to the crown , even raised , as it were , by miracle from the dead ; a thing which we so little hoped to see , that even they which beheld it done , searcely believed their own senses at the first beholding . yet being then brought to pass , thus many years it hath continued standing by no other wordly mean , but that one onely hand which erected it , that hand , which as no kinde of imminent danger could cause at the first to withhold it self ; so neither have the practises , so many , so bloody , following since , been ever able to make weary . nor can we say in this case so justly , that aaron and hur , the ecclesiastical and civil states , have sustained the hand which did lift it self to heaven for them ; as that heaven it self hath by this hand sustained them , no aid or help having thereunto been ministred for performance of the work of reformation , other then such kinde of help or aid , as the angel in the prophet zechariah speaketh of , saying , neither by an army , nor strength , but by my spirit , saith the lord of hosts . which grace and favor of divine assistance , having not in one thing or two , shewed it self , nor for some few days or years appeared , but in such sort so long continued , our manifold sins and transgressions striving to the contrary ; what can we less thereupon conclude , then that god would at leastwise by tract of time teach the world , that the thing which he blesseth , defendeth , keepeth so strangely , cannot chuse but be of him ? wherefore , if any refuse to believe us disputing for the verity of religion established , let then believe god himself thus miraculously working for it , and with life , even for ever and ever , unto that glorious and sacred instrument whereby he worketh . of the laws of ecclesiastical polity . book v. concerning their fourth assertion , that touching several publick duties of christian religion , there is amongst us much superstition retained in them ; and concerning persons , which for performance of those duties are endued with the power of ecclesiastical order , our laws and proceedings according thereunto , are many ways herein also corrupted . the matter contained in this fifth book . . true religion is the root of all true vertues , and the stay of all well-ordered commonwealths . . the must extream opposite to true religion , is affected atheism . . of superstition , and the rest thereof , either misguided zeal , or ignorant fear of divine glory . . of the redress of superstition in gods church , and concerning the question of this book . . four general propositions demanding that which may reasonably be granted , concerning matters of outward form in the exercise of true religion . and fifthly , of a rule and safe not reasonable in these cases . . the first proposition touching iudgment , what things are convenient in the outward publick ordering of church affairs . . the second proposition . . the third proposition . . the fourth proposition . . the rule of mens private spirit , not safe in these cases to be followed . . plans for the publick service of god. . the solemnity of erecting churches , condemned ; the hallowing and dedicating of them , scanned by the adversary . . of the names , whereby we distinguish our churches . . of the fashion of our churches . . the sumptuousness of churches . . what holiness and vertue we ascribe to the church , more than other places . . their pretence that would have churches utterly vazed . . of publick teaching or preaching , and the first kinde thereof , catechizing . . of preaching , by reading publickly the books of holy scripture , and concerning supposed untruths in those translations of scripture , which we allow to be read ; as also of the choice which we make in reading . . of preaching by the publick reading of other prositable instructions ; and concerning books ap●cryphal . . of preaching by sermons , and whether sermons be the onely ordinary way of teaching , whereby man are brought to the saving knowledge of gods truth . . what they attribute to sermons onely , and what we to reading also . . of prayer . . of publick prayer . . of the form of common prayer . . of them which like not to have any set form of common prayer . . of them , who allowing a set form of prayer , yet allow not ours . . the form of our liturgy too near the papists , too far different from that of other reformed churches as they pretend . . attire belonging to the service of god. . of gesture in praying , and of different places chosen to that purpose . . easiness of praying after our form. . the length of our service . . instead of such prayers as the primitive churches have used , and those that be reformed now use ; we have ( they say ) divers short cuts or shreaddings , rather wishes them prayers . . lessons intermingled with our prayers . . the number of our prayers for earthly things , and our oft rehearsing of the lords prayer . . the people saying after the minister . . our manner of reading the psalms , otherwise then the rest of the scripture . . of musick with psalms . . of singing or saying psalms , and other parts of common prayer , wherein the people and the minister answer one another by course . . of magnificat , benedictus , and nune dimittis . . of the litany . . of athanasus creed , and gloria patri . . our want of particular thanksgiving . . in some things the matter of our prayer , as they affirm , is unsound . . when thou hast overcome the sharpness of death , thou didst open the kingdom of heaven unto all believers . . touching prayer for deliverance from sudden death . . prayer for these things which we for our worthiness , dare not ask ; god , for the worthiness of his sin , would vouchsafe to grant . . prayer to be evermore delivered from all adversity . . prayer that all men may finde mercy , and if the will of god , that all men might be saved . . of the name , the author , and the force of sacraments , which force consisteth in this . that god hath ordained them as means to make us partakers of him in christ , and of life through christ. . that god is in christ by the personal incarnation of the son , who is very god. . the misinterpretations which heresit hath made of the manner , how god and man are united in one christ. . that by the union of the one with the other nature in christ , there groweth neither gain nor loss of essential properties to either . . what christ hath obtained according to the flesh , by the union of his flesh with d●iey . . of the personal presence of christ every where , and in what sense it may be granted , he is every where present according to the flesh. . the union or mutual participation , which is between christ and the church of christ , in this present world. . the necessity of sacrament unto the participation of christ. . the substance of baptism , the rites or solemnities thereunto belonging ; and that the substance thereof being kept , other things in baptism may give place to necessity . . the ground in scripture , whereupon a necessity of outward baptism hath been built . . what kinde of necessity in outward baptism hath been gathered by the words of our saviour christ : and what the true necessity thereof indeed is . . what things in baptism have been dispensed with by the father , respecting necessity . . whether baptism by women , be true baptism , good , and affected to them that receive it . . of interrogatories in baptism , touching faith , and the purpose of a christian life . . interrogatories proposed unto infants in baptism , and answered , a● in their names by god-fathers . . of the cross in baptism . . of confirmation after baptism . . of the sacrament of the body and blood of christ. . of faults noted in the form of administring that holy sacrament . . of festival days , and the natural ceases of their convenient institution . . the manner of celebrating festival days . . exceptious against our keeping of other festival days , besides the sabbath . . of days appointed , as well for ordinary as for extraordinary fasts in the church of god. . the celebration of matrimony . . the churching of woman . . the rites of burial . . of the nature of that ministry , which serveth for performance of divine duties in the church of god , and how happiness , not eternal onely , but also temporal , doth depend upon it . . of power given unto men , to execute that heavenly office , of the gift of the holy ghost is ordination : and whether conveniently the power of order may be sought or sued for . . of degrees , whereby the power of order is distinguished , and concerning the attire of ministers . . of oblations , foundations , endowments , tithes , all intended for perpetuity of religion ; which purpose being chiefly fulfilled by the clerg●es certain and sufficient maintenance , must needs by alienation of church-livings be made frustrate . . of ordinatious lawful without title , and without any popular election precedent , but in no case without regard of due information what their quality is that enter into holy orders . . of the learning that should be in ministers , their residence , and the number of their livings . few there are of so weak capacity , but publick evils they easily espie ; fewer so patient , as not to complain , when the grievous inconveniences thereof , work sensible smart . howbeit to see wherein the harm which they feel consisteth , the seeds from which it sprang , and the method of curing it , belongeth to a skill , the study whereof is so full of toyl , and the practise so beset with difficulties ; that wary and respective men had rather seek quietly their own , and wish that the world may go well , so it be not long of them , them with pain and hazard , make themselves advisers for the common good . we which thought it at the very first a sign of cold affection towards the church of god , to prefer private case before the labor of appeasing publick disturbance , must now of necessity refer events to the gracious providence of almighty god , and in discharge of our duty towards him , proceed with the plain and unpartial defence of a common cause . wherein our endeavor is not so much to overthrow them with whom we conted , as to yield them just and reasonable causes of those things , which for want of due consideration heretofore , they misconceived , accusing laws for mens over-sights , importing evils grown through personal defects , unto that which is not evil , framing unto some sores unwholsome plaisters , and applying othersome where no sore is . to make therefore our beginning that , which to both parts is most acceptable , we agree , that pure and unstained religion ought to be the highest of all cares appertaining to publick regiment ; as well in regard of that a aid and protection , which they , who faithfully serve god , confess they receive at his merciful hands ; as also for the force which religion hath to qualifie all sorts of men , and to make them in publick affairs the more serviceable : governors , the apter to rule with conscience ; inferiors , for conscience sake the willinger to obey . it is no peculiar conceit , but a matter of sound consequence , that all duties are by so much the better performed , by how much the men are more religious , from whose abilities the same proceed . for if b the course of politick affairs , cannot in any good sort go forward without fit instruments , and that which sitteth them , be their vertues : let polity acknowledge it self indebted to religion , godliness being the chiefest top and well-spring of all true vertues , even as god is of all good things . so natural is the union of religion with justice , that we may boldly deem there is neither , where both are not . for how should they be unseignedly just , whom religion doth not cause to be such ; or they religious , which are not found such by the proof of their just actions c if they , which employ their labor and travel about the publick administration of justice , follow it onely as a trade , with unquenchable and unconscionable thirst of gain , being not in heart perswaded that . d justice is gods own work , and themselves his agents in this business ; the sentence of right , gods own verdict , and themselves his priests to deliver it ; formalities of justice do but serve to smother right , and that which was necessarily ordained for the common good , is through shameful abuse made the cause of common misery . the same piety , which maketh them that are in authority , desirous to please and resemble god by justice , inflameth every way , men of action , with zeal to do good ( as far as their place will permit ) unto all . for that they know , is most noble and divine . whereby , if no natural nor casual inability cross their desires , they always delighting to inure themselves with actions most beneficial to others , cannot but gather great experience , and through experience , the more wisdom ; because conscience , and the fear of swerving from that which is right , maketh them diligent observers of circumstances , the loose regard whereof is the nurse of vulgar folly , no less then solomons attention thereunto , was of natural furtherances , the most effectual to make him eminent above others . for he gave good heed , and pierced every thing to the very ground , and by that means became the author of many parables . concerning fortitude , sith evils great and unexpected ( the true touchstone of constant mindes ) do cause oftentimes even them to think upon divine power with fearfullest suspitions , which have been otherwise the most secure despisers thereof , how should we look for any constant resolution of minde , in such cases , saving onely where unfeigned affection to god-ward , hath bred the most assured confidence to be assisted by his hand ? for proof whereof , let but the acts of the ancient jews be indifferently weighed , from whose magnanimity , in causes of most extream hazard , those strange and unwonted resolutions have grown ; which for all circumstances , no people under the roof of heaven did ever hitherto match . and that which did always animate them , was their meer religion . without which , if so be it were possible , that all other ornaments of minde might be had in their full perfection , nevertheless , the minde that should possess them , divorced from piety , could be but a spectacle of commiseration ; even as that body is , which adorned with sundry other admirable beauties , wanteth eye-sight , the chiefest grace that nature hath in that kinde to bestow . they which commend so much the felicity of that innocent world , wherein it is said , that men of their own accord did embrace fidelity and honesty , not for fear of the magistrate , or because revenge was before their eyes ● if at any time they should do otherwise , but that which held the people in aw was the shame of ill-doing , the love of equity , and right it self , a bar against all oppressions , which greatness of power causeth : they which describe unto us any such estate of happiness amongst men , though they speak not of religion , do notwithstanding declare that which is in truth her onely working . for if religion did possess sincerely and sufficiently the hearts of all men , there would need no other restraint from evil . this doth not onely give life and perfection to all endeavors wherewith it concurreth ; but what event soever ensues , it breedeth , if not joy and gladness always , yet always patience , satisfaction , and reasonable contentment of minde . whereupon it hath been set down as an axiom of good experience , that all things religiously taken in hand , are prosperously ended : because , whether men in the end have that which religion did allow them to desire , or that which it teacheth them contentedly to suffer , they are in neither event unfortunate . but lest any man should here conceive , that it greatly skilleth not of what sort our religion be , in as much as heathens , turks , and infidels , impute to religion a great part of the same effects , which our selves ascribe hereunto , they having ours in the same detestation that we theirs : it shall be requisite to observe well , how far forth there may be agreement in the effects of different religions . first , by the bitter strife which riseth oftentimes from small differences in this behalf , and is by so much always greater , as the matters is of more importance ; we see a general agreement in the secret opinion of men , that every man ought to embrace the religion which is true ; and to shun , as hurtful , whatsoever dissenteth from it , but that most , which doth farthest dissent . the generality of which perswasion argueth , that god hath imprinted it by nature , to the end it might be a spur to our industry , in searching and maintaining that religion , from which as to swerve in the least points , is error ; so the capital enemies thereof , god hateth as his deadly foes , aliens , and without repentance , children of endless perdition . such therefore , touching mans immortal state after this life , are not likely to reap benefit by their religion , but to look for the clean contrary , in regard of so important contrariety between it and the true religion . nevertheless , in as much as the errors of the most seduced this way have been mixed with some truths , we are not to marvel , that although the one did turn to their endless wo and confusion , yet the other had many notable effects , as touching the affairs of this present life . there were in these quarters of the world , sixteen hundred years ago , certain speculative men , whose authority disposed the whole religion of those times . by their means it became a received opinion , that the souls of men departing this life , do slit out of one body into some other . which opinion , though false , yet entwined with a true , that the souls of men do never perish , abated the fear of death in them which were so resolved , and gave them courage unto all adventures . the romans had a vain superstitious custom , in most of their enterprises , to conjecture before hand of the event , by certain tokens which they noted in birds , or in the intrails of beasts , or by other the like frivolous divinations . from whence notwithstanding as oft as they could receive any sign , which they took to be favorable , it gave them such hope , as if their gods had made them more then half a promise of prosperous success . which many times was the greatest cause that they did prevail , especially being men of their own natural inclination , hopeful and strongly conceited , whatsoever they took in hand . but could their fond superstition have furthered so great attempts , without the mixture of a true perswasion , concerning the unresistable force of divine power ? upon the wilful violation of oaths , execrable blasphemies , and like contempts , offered by deriders of religion , even unto false gods , fearful tokens of divine revenge have been know to follow . which occurrents the devouter sort did take for manifest arguments , that the gods whom they worshipped , were of power to reward such as sought unto them , and would plague those that feared them not . in this they erred . for ( as the wise man rightly noteth conning such ) it was not the power of them by whom they sware , but the vengeance of them that sinned , which punished the offences of the ungodly . it was their hurt untruly to attribute so great power unto false gods . yet the right conceit which they had , that to perjury vengeance is due , was not without good effect , as touching the course of their lives , who feared the wilful violation of oaths in that respect . and whereas we read so many of them so much commended , some for their milde and merciful disposition , some for their vertuous severity , some for integrity of life , all these were the fruits of true and infallible principles delivered unto us in the world of god , as the axioms of our religion , which being imprinted by the god of nature in their hearts also , and taking better root in some them in most others , grew , though not from , yet with and amidst the heaps of manifold repugnant errors ; which errors of corrupt religion , had also their suitable effects in the lives of the self-same parties . without all controversie , the purer and perfecter our religion is , the worthier effects it hath in them , who stedfastly and sincerely embraceit , in others not . they that love the religion which they prosess , may have failed in choice , but yet they are sure to reap what benefit the same is able to afford , whereas the best and foundest professed by them that bear it not the like affection , yieldeth them , retaining it in that sort , no benefit . david was a man after gods own heart , so termed , because his affection was hearty towards god. beholding the like disposition in , them which lived under him , it was his prayer to almighty god , o keep this for ever in the purpose , and thoughts of the heart of this people . but when , after that david had ended his days in peace , they who succeeded him in place , for the most part followed him not in quality , when their kings ( some few excepted ) to better their worldly estate ( as they thought ) left their own , and their peoples ghostly condition uncared for , by woful experience they both did learn , that to forsake the true god of heaven , is to fall into all such evils upon the face of the earth , as men either destitute of grace divine , may commit , or unprotected from above , endure . seeing therefore it doth thus appear , that the safety of all estates dependeth upon religion ; that religion unfeignedly loved , perfecteth mens abilities unto all kindes of vertuous services in the commonwealth ; that mens desire in general is to hold no religion , but the true ; and that whatsoever good effects do grow out of their religion , who embrace instead of the true , a false , the roots thereof are certain sparks of the light of truth , intermingled with the darkness of error ; because no religion can wholly and onely consist of untruths , we have reason to think , that all true vertues are to honor true religion as their parent , and all well ordered commonweals to love her as their chiefest stay . . they of whom god is altogether unapprehended , are but few in number , and for grosness of wit such , that they hardly and scarcely seem to hold the place of humane being . these we should judge to be of all others most miserable , but that a wretcheder sort there are , on whom , whereas nature hath bestowed riper capacity , their evil disposition seriously goeth about therewith to apprehend god , as being not god. whereby it cometh to pass , that of these two sorts of men , both godless ; the one having utterly no knowledge of god , the other study how to perswade themselves that there is no such thing to be known . the fountain and well-spring of which impiety , is a resolved purpose of minde , to reap in this world , what sensual profit or pleasure soever the world yieldeth , and not to be barred from any whatsoever means available thereunto . and that is the very radical cause of their atheism , no man ( i think ) will doubt , which considereth what pains they take to destroy those principal spurs and motives unto all vertue , the creation of the world , the providence of god , the resurrection of the dead , the joys of the kingdom of heaven , and the endless pains of the wicked , yea , above all things , the authority of the scripture , because on these points it evermore beateth , and the souls immortality , which granted , draweth easily after it the rest , as a voluntary train . is it not wonderful , that base desires should so extinguish in men the sense of their own excellency● as to make them willing that their souls should be like to the souls of beasts , mortal and corruptible with their bodies , till some admirable or unusual accident happen ( as it hath in some ) to work the beginning of a better alteration in their mindes , disputation about the knowledge of god with such kinde of persons commonly prevaileth little . for how should the brightness of wisdom shine , where the windows of the soul are of very se● purpose closed ? true religion hath many things in it , the only mention whereof galleth and troubleth their mindes . being therefore loth , that enquiry into such matters should breed a perswasion in the end contrary unto that they embrace , it is their endeavor to banish , as much as in them lyeth , quite and clean from their cogitation whatsoever may sound that way . but it cometh many times to pass ( which is their torment ) that the thing they shun doth follow them ; truth , as it were , even obtruding it self into their knowledge , and not permitting them to be so ignorant as they would be . whereupon , inasmuch as the nature of man is unwilling to continue doing that wherein it shall alwaies condemn it selfe , they continuing still obstinate , to follow the course which they have begun , are driven to devise all the shifts that wit can invent for the smothering of this light , all that may but with any the least shew of possibility stay their mindes from thinking that true , which they heartily wish were false , but cannot think it so , without some scruple and fear of the contrary . now because that judicious learning , for which we commend most worthily the ancient sages of the world , doth not in this case serve the turn , these trenchermates ( for such the most of them be ) frame to themselves a way more pleasant , a new method they have of turning things that are serious into mockerie , an art of contradiction by way of scorn , a learning wherewith we were long sithence forewarned , that the miserable times whereinto we are fallen should abound . this they study , this they practise , this they grace with a wanton superfluity of wit , too much insulting over the patience of more vertuously disposed mindes . for towards these so forlom creatures we are ( it must be confest ) too patient . in zeal to the glory of god , babylon hath exceeded sion . we want that decree of nebuchodonosor , the fury of this wicked brood hath the reins too much at liberty , their tongues walk at large , the spit-venom of their poisoned hearts breaketh out to the annoyance of others , what their untamed lust suggesteth , the same their licentious mouths do every where set abroach . with our contentions their irreligious humor also is much strengthned . nothing pleaseth them better , than these manifold oppositions about the matter of religion , as well for that they have hereby the more opportunity to learn on one side how another may be oppugned , and so to weaken the credit of all unto themselves ; as also because by this not pursuit of lower controversies amongst men professing religion , and agreeing in the principal foundations thereof , they conceive hope that about the higher principles themselves time will cause alteration to grow . for which purpose , when they see occasion , they stick not sometime in other mens persons , yea , sometime without any vizard at all , directly to try , what the most religious are able to say in defence of the highest points , whereupon all religion dependeth . now for the most part it so falleth out , touching things which generally are received , that although in themselves they be most certain ; yet because men presume them granted of all , we are hardliest able to bring such proof of their certainty as may satisfie gain-sayers , when suddenly and besides expectation they require the same at our hands . which impreparation and unreadiness when they finde in us , they turn it to the soothing up of themselves in that cursed fansie , whereby they would fain believe that the hearty devotion of such as indeed fear god , is nothing else but a kinde of harmless error , bred and confirmed in them by the sleights of wiser men . for a politick use of religion they see there is , and by it they would also gather that religion it self is a meer politick device , forged purposely to serve for that use . men fearing god , are thereby a great deal more effectually , then by positive laws , restrained from doing evil ; in as much as those laws have no farther power then over our outward actions onely , whereas unto mens inward cogitations , unto the privy intents and motions of their hearts , religion serveth for a bridle . what more savage , wilde , and cruel then man , if he see himself able either by fraud to over-teach , or by power to over-bear the laws whereunto he should he subject ? wherefore in so great boldness to offend , it behoveth that the world should be held in aw , not by a vain surmise , but a true apprehension of somewhat , which no man may think himself able to withstand . this is the politick use of religion . in which respect , there are of these wise malignants , some who have vouchsafed it their marvellous favorable countenance and speech , very gravely affirming , that religion honored , addeth greatness ; and contemned , bringeth ruine unto commonwea●s : that princes and states which will continue , are above all things to uphold the reverend regard of religion , and to provide for the same , by all means , in the making of their laws . but when they should define what means are best for that purpose , behold , they extol the wisdom of paganisin , they give it out as a mystical precept of great importance , that princes , and such as are under them in most authority or credit with the people , should take all occasions of rare events , and from what cause soever the same do proceed , yet wrest them to the strengthning of their religion , and not make it nice for so good a purpose to use , if need be , plain forgeries . thus while they study to bring to pass , that religion may seem but a matter made , they lose themselves in the very maze of their own discourses , as if reason did even purposely forsake them , who of purpose forsake god , the author thereof : for surely , a strange kinde of madness it is , that those men , who though they be void of piety , yet , because they have wit , cannot chuse but know , that treachery , guile , an deceit , are things which may for a while , but do not use long to go unespied , should teach , that the greatest honor to a state , is perpetuity ; and grant , that alterations in the service of god , for that they impair the credit of religion , are therefore perilous in commonweals , which have no continuance longer then religion hath all reverence done unto it , and withal acknowledge ( for so they do ) that when people began to espie the falshood of oracles , whereupon all gentilism was built , their hearts were utterly averted from it ; and notwithstanding counsel , princes , in sober earnest , for the strengthning of their states , to maintain religion , and for the maintenance of religion , not to make choice of that which is true , but to authorise that they make choice of , by those false and fraudulent means , which in the end , must needs overthrow it . such are the counsels of men godless , when they would shew themselves politick devisers , able to create god in man by art . . wherefore to let go this exec●able crew , and to come to extremities on the contrary hand , two affections there are , the forces whereof , as they bear the greater or lesser sway in mans heart , frame accordingly to the stamp and character of his religion , the one zeal , the other fear . zeal , unless it be rightly guided , when it endeavoreth most busily to please god , forceth upon him those unseasonable offices which please him not . for which cause , if they who this way swerve , be compared with such sincere , found , and discreet , as abraham was in matter of religion ; the service of the one , is like unto slattery ; the other , like the faithful sedulity of friendship . zeal , except it be ordered aright , when it bendeth it self unto conflict with all things , either in deed , or but imagined to be opposite unto religion , useth the razor many times with such eagerness , that the very life of religion it self is thereby hazarded , through hatred of tares , the corn in the field of god is plucked up . so that , zeal needeth both ways a sober guide , fear , on the other side , if it have not the light of true understanding concerning god , wherewith to be moderated , breedeth likewise superstition . it is therefore dangerous , that in things divine , we should work too much upon the spur , either of zeal or fear . fear is a good solicitor to devotion . howbeit , sith fear in this kinde doth grow from an apprehension , of deity endued with irresistable power to hurt , and is of all affections ( anger excepted ) the unaptest to admit any conference with reason , for which cause the wise man doth say of fear , that it is a betrayer of the forces of reasonable understanding ; therefore , except men know beforehand what manner of service pleaseth god , while they are fearful , they try all things which fancy offereth . many there are who never think on god , but when they are in extremity of fear ; and then because , what to think , or what to do , they are uncertain , perplexity not suffering them to be idle , they think and do , as it were in a phrensie , they know not what . superstition neither knoweth the right kinde , nor observeth the due measure of actions belonging to the service of god , but is always joyned with a wrong opinion touching things divine . superstition is , when things are either abhorred or observed , with a zealous or fearful , but erroneous relation to god. by means whereof , the superstitious do sometimes serve , though the true god , yet with needless offices , and defraud him of duties necessary ; sometime load others then him with such honors as properly are his . the one , their over sight who miss in the choice of that wherewith they are affected ; the other , theirs who fail in the election of him towards whom they shew their devotion : this , the crime of idolatry ; that , the fault of voluntary , either niceness or superfluity in religion . the christian world it self being divided into two grand parts , it appeareth by the general view of both , that with master of heresie the west hath been often and much troubled ; but the east part never quiet , till the deluge of misery , wherein now they are , overwhelmed them . the chiefest cause whereof doth seem to have lien in the restless wits of the grecians , evermore proud of their own curious and subtile inventions ; which when at any time they had contrived ; the great facility of their language served them readily to make all things fair and plausible to mens understanding . those grand heretical impieties therefore , which most highly and immediately touched god , and the glorious trinity , were all in a manner the monsters of the east . the west bred fewer a great deal , and those commonly of a lower nature , such as more nearly and directly concerned rather men then god , the latines being always to capital heresies less inclined , yet unto gross superstition more . superstition , such as that of the pharisees was , by whom divine things indeed were less , because other things were more divinely esteemed of , then reason would ; the superstition that riseth voluntarily , and by degrees , which are hardly discerned , mingling it self with the rites , even of very divine service , done to the onely true god , must be considered of , as a creeping and incroaching evil ; an evil , the first beginnings whereof are commonly harmless , so that it proveth onely then to be an evil , when some farther accident doth grow unto it , or it self come unto farther growth . for in the church of god , sometimes it cometh to pass , as in over-battle grounds , the fertile disposition whereof is good ; yet because it exceedeth due proportion , it bringeth forth abundantly , through too much rankness , things less profitable ; whereby , that which principally it should yield , being either prevented in place , or defrauded of nourishment , faileth . this ( if so large a discourse were necessary ) might be exemplified even by heaps of rites and customs , now superstitious in the greatest part of the christian world ; which in their first original beginnings , when the strength of vertuous , devout , or charitable affection bloomed them , no man could justly have condemned as evil . . but howsoever superstition doth grow ; that wherein unsounder times have done amiss , the better ages ensuing must rectifie as they may . i now come therefore to those accusations brought against us by pretenders of reformation ; the first in the rank whereof , is such , that if so be the church of england did at this day , therewith as justly deserve to be touched as they in this cause have imagined it doth ; rather would i exhort all sorts to seek pardon , even with tears , at the hands of god , then meditate words of defence for our doings , to the end , that men might think favorably of them . for as the case of this world , especially now , doth stand , what other stay or succor have we to lean unto , saving the testimony of our conscience , and the comfort we take in this , that we serve the living god ( as near as our wits can reach unto the knowledge thereof ) even according to his own will , and do therefore trust , that his mercy shall be our safeguard against those enraged powers abroad , which principally in that respect are become our enemies ? but , sith no man can do ill with a good conscience , the consolation which we herein seem to finde , is but a meer deceitful pleasing of our selves in errour , which at the length must needs turn to our greater grief , if that which we do to please god most , be for the manifold defects thereof offensive unto him . for so it is judged , our prayers , our sacraments , our fasts , our times and places of publick meeting together for the worship and service of god ; our marriages , our burials , our functions , elections , and ordinations ecclesiastical , almost whatsoever we do in the exercise of our religion according to laws for that purpose established , all things are some way or other thought faulty , all things stained with superstition . now , although it may be the wiser sort of men are not greatly moved hereat , considering how subject the very best things have been always unto cavil , when wits possessed either with disdain or dislike thereof , have set them up as their mark to shoot at : safe notwithstanding it were not , therefore to neglect the danger which from hence may grow , and that especially in regard of them , who desiring to serve god as they ought , but being not so skilful as in every point to unwinde themselves where the shares of glosing speech do lye to intangle them , are in minde not a little troubled , when they hear so bitter invectives against that which this church hath taught them to reverence as holy , to approve as lawful , and to observe as behoveful , for the exercise of christian duty . it seemeth therefore , at least for their sakes , very meet , that such as blame us in this behalf , be directly answered , and they which follow us , informed plainly in the reasons of that we do . on both sides , the end intended between us , is to have laws and ordinances , such as may rightly serve to abolish superstition , and to establish the service of god with all things thereunto appertaining , in some perfect form . there is an inward ( a ) reasonable , and there is a ( b ) solemn outward serviceable worship , belonging unto god. of the former kinde are all manner of vertuous duties , that each man in reason and conscience to god-ward oweth . solemn and serviceable worship we name for distinction sake , whatsoever belongeth to the church or publick society of god by way of external adoration . it is the later of these two , whereupon our present question groweth . again , this later being ordered , partly , and as touching principal matters , by none but precepts divine only ; partly , and as concerning things of inferiour regard , by ordinances as well human as divine , about the substance of religion , wherein gods only law must be kept , there is here no controversie : the crime now intended against us is , that our laws have not ordered those inferiour things as behoveth , and that our customs are either superstitious , or otherwise amiss , whether we respect the exercise of publick duties in religion , or the functions of persons authorised thereunto . . it is with teachers of mathematical sciences usual , for us in this present question necessary , to lay down first certain reasonable demands , which in most particulars following are to serve as principles whereby to work , and therefore must be before-hand considered . the men whom we labour to inform in the truth , perceive that so to proceed is requisite . for to this end they also propose , touching customs and rites indifferent , their general axioms , some of them subject unto just exceptions , and , as we think , more meet by them to be farther considered , than assented unto by us . as that , in outward things belonging to the service of god , reformed churches ought by all means to shun conformity with the church of rome ; that , the first reformed should be a pattern whereunto all that come after , might to conform themselves ; that , sound religion may not use the things , which being not commanded of god , have been either devised or abused unto superstition . these and the rest of the same consort we have in the book going before examined . other canons they alledge , and rules not unworthy of approbation ; as , that in all such things the glory of god , and the edification or ghostly good of his people must be sought ; that nothing should be undecently or murderly done . but forasmuch as all the difficulty is , in discerning what things do glorifie god , and edifie his church , what not ; when we should think them decent and fit , when otherwise : because these rules being too general , come not near enough unto the matter which we have in hand ; and the former principles being nearer the purpose , are too far from truth ; we must propose unto all men certain petitions incident and very material in causes of this nature , such as no man of moderate judgment hath cause to think unjust or unreasonable . . the first thing therefore which is of force to cause approbation with good conscience towards such customs or rites , as publickly are established , is , when there ariseth from the due consideration of those customs and rites in themselves apparent reason , although not alwayes to prove them better than any other that might possibly be devised , ( for who did ever require this in man's ordinances ? ) yet competent to shew their conveniency and fitness , in regard of the use for which they should serve . now touching the nature of religious services , and the manner of their due performance , thus much generally we know to be most clear , that whereas the greatness and dignity of all manner of actions is measured by the worthiness of the subject from which they proceed , and of the object whereabout they are conversant , we must of necessity in both respects acknowledge , that this present world affordeth not any thing comparable unto the publick duties of religion . for if the best things have the perfectest and best operations ; it will follow , that seeing man is the worthiest creature upon earth , and every society of men more worthy than any man ; and of societies that most excellent which we call the church ; there can be in this world no work performed equal to the exercise of true religion , the proper operation of the church of god. again , forasmuch as religion worketh upon him , who in majesty and power is infinite , as we ought we account not of it , unless we esteem it even according to that very height of excellency which our hearts conceive , when divine sublimity it self is rightly considered . in the powers and faculties of our souls god requireth the uttermost which our unfeigned affection towards him is able to yield : so that if we affect him not farr above and before all things , our religion hath not that inward perfection which it should have , neither do we indeed worship him as our god. that which inwardly each man should be , the church outwardly ought to testifie . and therefore the duties of our religion which are seen , must be such as that affection which is unseen ought to be signs must resemble the things they signifie . if religion bear the greatest sway in our hearts , our outward religious duties must shew it as farr as the church hath outward ability . duties of religion , performed by whole societies of men , ought to have in them , according to our power , a sensible excellency , correspondent to the majesty of him whom we worship . yea , then are the publick duties of religion best ordered , when the militant church doth resemble by sensible means , as it may in such cases , that hidden dignity and glory wherewith the church triumphant in heaven is beautified . howbeit , even as the very heat of the sun it self , which is the life of the whole world , was to the people of god in the desert a grievous annoyance , for ease whereof his extraordinary providence ordained a cloudy pillar to over-shadow them : so things of general use and benefit ( for in this world , what is so perfect , that no inconvenience doth ever follow it● ) may by some accident be incommodious to a few . in which case , for such private evils , remedies thereare of like condition , though publick ordinances wherein the common good is respected , be not stirred . let our first demand be therefore , that in the external form of religion such things as are apparently , or can be sufficiently proved effectual and generally fit to setforward godliness , either as betokening the greatness of god , or as beseeming the dignity of religion , or as concurring with celestial impressions in the mindes of men , may be reverently thought of ; some few , rare , casual , and tollerable , or otherwise curable inconveniences notwithstanding . . neither may we in this case lightly esteem what hath been allowed as fit in the judgment of antiquity , and by the long continued practise of the whole church ; from which unnecessarily to swerve , experience never as yet hath found it safe . for wisdom's sake we reverence them no less that are young , or not much less , then if they were stricken in years . and therefore of such it is rightly said , that the ripeness of understanding is gray hair , and their vertues old age. but because wisdom and youth are seldom joyned in one , and the ordinary course of the world is more according to iob's observation , who giveth men advice to seek wisdom amongst the antient , and in the length of dayes understanding ; therefore if the comparison do stand between man and man , which shall hearken unto other , sith the aged for the most part are best experienced , least subject to rash and unadvised passions , it hath been ever judged reasonable , that their sentence in matter of counsel should be better trusted , and more relyed upon than other mens . the goodness of god having furnished men with two chief instruments , both necessary for this life , hands to execute , and a mind to devise great things ; the one is not profitable longer than the vigour of youth doth strengthen it ; nor the other greatly , till age and experience have brought it to perfection . in whom therefore time hath not perfected knowledge , such must be contented to follow them in whom it hath . for this cause none is more attentively heard , than they whose speeches are , as davids were , i have been young , and now am old , much i have seen and observed in the world. sharp and subtile discourses of wit procure many times very great applause ; but being laid in the ballance with that which the habit of sound experience plainly delivereth , they are over-weighed . god may endue men extraordinarily with understanding as it pleaseth him : but let no man presuming thereupon neglect the instructions , or despite the ordinances of his elders , sith he , whose gift wisdom is , hath said , ask thy father , and he will shew thee , thine antients , and they shall tell thee . it is therefore the voyce both of god and nature , not of learning only , that , especially in matters of action and policy , the sentences and judgements of men experienced , aged and wise , yea though they speak without any proof or demonstration , are no less to be hearkned unto , than as being demonstrations in themselves , because such mens long observation is as an eye , wherewith they presently and plainly behold those principles which sway over all actions . whereby we are taught both the cause wherefore wise-mens judgments should be credited , and the mean how to use their judgments to the increase of our own wisdom . that which sheweth them to be wise , is , the gathering of principles out of their own particular experiments . and the framing of our particular experiments according to the rule of their principles , shall make us such as they are . if therefore , even at the first , so great account should be made of wise mens counsels touching things that are publickly done ; as time shall add thereunto continuance and approbation of succeeding ages , their credit and authority must needs be greater . they which do nothing but that which men of account did before them , are , although they do amiss , a yet the less faulty , because they are not the authors of harm . and doing well , their actions are freed from prejudice and novelty . to the best and wisest , while they live , the world is continually a froward opposite , a curious observer of their defects and imperfections ; their vertues , it afterwards as much admireth . and ●or this cause many times that which most deserveth approbation , would hardly be able to finde favour , if they which propose it , were not content to profess themselves therein scholars and followers of the antients . for the world will not endure to hear that we are wiser than any have been which went before . in which consideration there is cause why we should be slow and unwilling to change , without very urgent necessity , the antient ordinances , rites , and long approved customs of our venerable predecessors . the love of things antient doth argue ( b ) stayedness , but levity and want of experience maketh apt auto innovations . that which wisdom did first begin , and hath been with good men long continued , challengeth allowance of them that succeed , although it plead for it self nothing . that which is new , if it promise not much , doth fear condemnation before tryal ; till tryal , no man doth acquit or trust it , what good soever it pretend and promise . so that in this kinde , there are few things known to be good , till such time as they grow to be antient , the vain pretence of those glorious names , where they could not be with any truth , neither in reason ought to have been so much alledged , hath wrought such a prejudice against them in the mindes of the common sort , as if they had utterly no force at all ; whereas ( especially for these observances which concern our present question ) antiquity , custom , and consent in the church of god , making with the which law doth establish , are themselves most sufficient reasons to uphold the same , unless some notable publick inconvenience inforce the contrary . for a small thing in the eye of law is as nothing . we are therefore bold to make our second petition this , that in things , the fitness whereof is not of it self apparent , nor easie to be made snfficiently manifest unto all , yet the judgment of antiquity concurring with that which is received , may induce them to think it not unfit , who are not able to alledge any known weighty inconvenience which it hath , or to take any strong exception against it . . all things cannot be of antient continuance ; which are expedient and needful for the ordering of spiritual affairs : but the church being a body which dieth not , hath always power , as occasion requireth , no less to ordain that which never was , than to ratifie what hath been before . to prescribe the order of doing in all things , is a peculiar prerogative which wisdom hath , as a queen or soveraign commandress over other vertues . this in every several man's actions of common life appertaineth unto morall ; in publick and politick secular affairs unto civil wisdom . in like manner , to devise any certain form for the outward administration of publick duties in the service of god , or things belonging thereunto , and to find out the most convenient for that use , is a point of wisdom ecclesiastical . it is not for a man , which doth know , or should know what order is , and what peaceable government requireth , to ask , why we should hang our iudgment upon the churches sleeve , and , why in matters of order , more than in matters of doctrine . the church hath authority to establish that for an order at one time , which at another time it may abolish , and in both do well : but , that which in doctrine the church doth now deliver rightly as a truth , no man will say that it may hereafter recall , and as rightly avouch the contrary . laws touching matter of order are changeable , by the power of the church ; articles concerning doctrine , not so . we read often in the writings of catholick and holy men rouching matters of doctrine , this we believe , this we bold , this the prophets and evangelists have declared , this the apostles have delivered , this martyrs have sealed with their blood , and confessed in the midst of torments , to this we cleave , as to the anchor of our souls , against this , though an angel from heaven should preach unto us , we would not believe . but , did we ever in any of them read touching matters of mere comcliness , order , and decency , neither commanded nor prohibited by any prophet , any evangelist , any apostle , although the church wherein we live do ordain them to be kept , although they be never so generally observed , though all the churches in the world should command them , though angels from heaven should require our subjection thereunto : i would hold him accursed that doth obey ? be it in matter of the one kind or of the other , what scripture doth plainly deliver , to that the first place both of credit and obedience is due ; the next whereunto is , whatsoever any man can necessarily conclude by force of reason ; after these , the voyce of the church succeedeth . that which the church by her ecclesiastical authority shall probably think and define to be true or good , must in congruity of reason over-rule all other inferiour judgements whatsoever . to them which ask , why we thus hang our judgment on the churches sleeve , i answer with solomon , because ( a ) two are better than one. yea simply ( saith ( b ) basil ) and universally , whether it be in works of nature , or of voluntary choice and counsel , i see not any thing done as it should be , is it be wrought by an agent singling it self from consorts . the jews have a sentence of good advice , ( c ) take not upon thee to be a iudge alone , there is no sole iudge but one only ; say not to others , receive my sentence , when their authority is above thine . the bare consent of the whole church should it self in these things stop their mouths , who living under it , dare presume to bark against it . there is ( saith ( d ) cassianus ) no place of audience left for them , by whom obedience is not yielded to that which all have agreed upon . might we not think it more than wonderful , that nature should in all communities appoint a predominant judgment to sway and over-rule in so many things ; or that god himself should allow so much authority and power unto every poor family , for the ordering of all which are in it ; and the city of the living god , which is his church , be able neither to command , nor yet to forbid any thing , which the meanest shall in that respect , and for her sole authorities sake be bound to obey ? we cannot hide or dissemble that evil , the grievous inconvenience whereof we feel . our dislike of them , by whom too much heretofore hath been attributed unto the church , is grown to an error on the contrary hand , so that now from the church of god too much is derogated . by which removal of one extremity with another , the world seeking to procure a remedy , hath purchased a meer exchange of the evil which before was felt . suppose we , that the sacred word of god can at their hands receive due honour , by whose incitement the holy ordinances of the church endure every where open contempt ? no , it is not possible they should observe as they ought the one , who from the other withdraw unnecessarily their own , or their brethrens obedience . surely the church of god in this business is neither of capacity , i trust , so weak , no● so unstrengthened , i know , with authority from above ; but that her laws may exact obedience at the hands of her own children , and injoyn gain-sayers silence , giving them roundly to understand , that where our duty is submission , weak oppositions betoken pride . we therefore crave , thirdly , to have it granted , that where neither the evidence of any law divine , nor the strength of any invincible argument otherwise found out by the light of reason , not any notable publick inconvenience doth make against that which our own laws ecclesiastical have , although but newly instituted , for the ordering of these affairs , the very authority of the church it self , at the least in such cases , may give so much credit to her own laws , as to make their sentence touching fitness and conveniency , weightier than any bare or naked conceit to the contrary ; especially in them , who can owe no less than childe-like obedience to her that hath more than motherly power . . there are antient ordinances , laws ( which on all sides are allowed to be just and good , yea divine and apostolick constitutions ) which the church , it may be , doth not always keep , nor always justly deserve blame in that respect . for in evils that cannot be removed● without the manifest danger of greater to succeed in their rooms ; wisdom ( of necessity ) must give place to necessity . all it can do in those cases , is , to devise , how that , which must be endured , may be mitigated , and the inconveniences thereof countervailed as neer as may be ; that when the best things are not possible , the best may be made of those that are . nature , than which there is nothing more constant , nothing more uniform in all her ways , doth notwithstanding stay her hand , yea , and change her course , when that , which god by creation did command , he doth at any time by necessity countermand . it hath therefore pleased himself sometime to unloose the very tongues even of dumb creatures , and to teach them to plead this in their own defence , lest the cruelty of man should persist to afflict them for not keeping their wonted course , when some invincible impediment hath hindred . if we leave nature , and look into art , the work-man hath in his heart a purpose , he carrieth in mind the whole form which his work should have ; there wanteth not him skill and desire to bring his labour to the best effect , only the matter which he hath to work on is unframable . this necessity excuseth him ; so that nothing is derogated from his credit , although much of his work 's perfection be found wanting . touching actions of common life , there is not any defence more favourably heard than theirs , who alledge sincerely for themselves . that they did as necessity constrained them . for when the mind is rightly ordered and affected as it should be , in case some external impediment crossing well-advised desires , shall potently draw men to leave what they principally wish , and to take a course which they would not , if their choyce were free ; what necessity forceth men unto , the same in this case it maintaineth , as long as nothing is committed simply in it self evil , nothing absolutely sinful or wicked , nothing repugnant to that immetable law , whereby , whatsoever is condemned as evil , can never any way be made good. the casting away of things profitable for the sustenance of man's life , is an unthankful abuse of the fruits of god's good providence towards mankind . which consideration , for all that , did not hinder saint paul from throwing corn into the sea , when care of saving mens lives made it necessary , to loose that which else had been better saved . neither was this to do evil , to the end that good might come of it ; for of two such evils , being not both evitable , the choyce of the less is not evil. and evils must be in our constructions judged inevitable , if there be no apparent ordinary way to avoid them ; because , where counsel and advice bear rule , of god's extraordinary power , without extraordinary warrant , we cannot presume . in civil affairs , to declare what sway necessity hath ever been accustomed to bear , were labour infinite . the laws of all states and kingdoms in the world have scarcely of any thing more common use : should then only the church shew it self inhuman and stern , absolutely urging a rigorous observation of spiritual ordinances , without relaxation or exception , what necessity soever happen ? we know the contrary practise to have been commended by him , upon the warrant of whose judgement the church , most of all delighted with merciful and moderate courses , doth the ostner condescend unto like equity , permitting in cases of necessity that , which otherwise it disalloweth and forbiddeth . cases of necessity being sometime but urgent , sometime extream , the consideration of publick utility is with very good advice judged at the least equivalent with the easier kinde of necessity . now that which causeth numbers to storm against some necessary tolerations , which they should rather let pass with silence , considering that in polity , as well ecclesiastical as civil , there are and will be always evils , which no art of man can cure , breaches and leaks moe than man's wit hath hands to stop ; that which maketh odious unto them many things , wherein notwithstanding the truth is , that very just regard hath been had of the publick good ; that which in a great part of the weightiest causes belonging to this present controversie , hath insnared the judgments both of sundry good , and of some well learned men , is the manifest truth of certain general principles , whereupon the ordinances that serve for usual practise in the church of god are grounded . which principles men knowing to be most sound , and that the ordinary practise accordingly framed is good , whatsoever is over and besides that ordinary , the same they judge repugnant to those true principles . the cause of which error is ignorance , what restraints and limitations all such principles have , in regard of so manifold varieties , as the matter whereunto they are applyable , doth commonly afford . these varieties are not known but by much experience , from whence to draw the true bounds of all principles , to discern how farr forth they take effect , to see where and why they fail , to apprehend by what degrees and means they lead to the practise of things in show , though not indeed repugnant and contrary one to another , requireth more sharpness of wit , more intricate circuitions of discourse , more industry and depth of judgment , than common ability doth yield . so that general rules , til their limits be fully known , ( especially in matter of publick and ecclesiastical affairs ) are , by reason of the manifold secret exceptions which lye hidden in them , no other to the eye of man's understanding , than cloudy mists cast before the eye of common sense . they that walk in darkness know not whither they go . and even as little is their certainty , whose opinions generalities only do guide . with gross and popular capacities nothing doth more prevail , than unlimited generalities , because of their plainness at the first fights nothing less with men of exact judgment , because such rules are not safe to be trusted over-farr . general laws are like general rules of physick , according whereunto , as no wise man will desire himself to be cured , if there be joyned with his disease some special accident , in regard whereof that whereby others in the same insirmity , but without the like accident , recover health , would be to him either hurtful , or at the least unprofitable : so we must not , under a colourable commendation of holy ordinances in the church , and of reasonable causes whereupon they have been grounded for the common good , imagine that all men's cases ought to have one measure . not without singular wisdom therefore it hath been provided , that as the ordinary course of common affairs is disposed of by general laws , so likewise mens rarer incident necessities and utilities should be with special equity considered . from hence it is , that so many priviledges , immunities , exceptions , and dispensations have been always with great equity and reason granted , not to turn the edge of justice , not to make void at certain times , and in certain men , through meer voluntary grace or benevolence , that which continually and universally should be of force ( as some men understand it ) but in very truth to practise general laws according to their right meaning . we see in contracts , and other dealings which daily pass between man and man , that , to the utter undoing of some , many things by strictness of law may be done , which equity and honest meaning forbiddeth . not that the law is unjust , but unperfect ; nor equity against , but above the law ; binding mens consciences in things which law cannot reach unto . will any man say , that the vertue of private equity is opposite and repugnant to that law , the silence whereof it supplieth in all such private dealing ? no more is publick equity against the law of publick affaires ; albeit the one permit unto some , in special considerations , that which the other , agreeably with general rules of justice , doth in general sort forbid . for , sith all good laws are the voyces of right reason , which is the instrument wherewith god will have the world guided ; and impossible it is , that right should withstand right ; it must follow , that principles and rules of justice , be they never so generally uttered , do no less effectually intend , then if they did plainly express an exception of all particulars , wherein their literal practise might any way prejudice equity . and because it is natural unto all men to wish their own extraordinary benefit , when they think they have reasonable inducements so to do ; and no man can be presumed a competent judge what equity doth require in his own case : the likeliest mean whereby the wit of man can provide , that he which useth the benefit of any special benignity above the common course of others , may enjoy it with good conscience , and not against the true purpose of laws , which in outward shew are contrary , must needs be to arm with authority some fit both for quality and place to administer that , which in every such particular shall appear agreeable with equity : wherein , as it cannot be denyed , but that sometimes the practise of such jurisdiction may swarve through errour even into the very best , and for other respects , where less integrity is . so the watchfullest observers of inconveniences that way growing , and the readiest to urge them in disgrace of authorized proceedings , do very well know , that the disposition of these things resteth not now in the hands of popes , who live in no worldly awe or subjection , but is committed to them whom law may at all times bridle , and superiour power controll ; yea to them also in such sort , that law it self hath set down , to what persons , in what causes , with what circumstances , almost every faculty or favour shall be granted , leaving in a manner nothing unto them , more than only to deliver what is already given by law. which maketh it by many degrees less reasonable , that under pretence of inconveniences so easily stopped , if any did grow , and so well prevented , that none may , men should be altogether barred of the liberty that law with equity and reason granteth . these things therefore considered , we lastly require , that it may not seem hard , if in cases of necessity , or for common utilities sake , certain profitable ordinances sometimes be released , rather than all men , always , strictly bound to the general rigor thereof . . now where the word of god leaveth the church to make choyce of her own ordinances , if against those things which have been received with great reason , or against that which the antient practise of the church hath continued time out of mind , or against such ordinances as the power and authority of that church under which we live hath in it self devised , for the publick good , or against the discretion of the church in mitigating sometimes with favourable equity , that rigour which otherwise the literal generality of ecclesiastical laws hath judged to be more convenient and meet , if against all this it should be free for men to reprove , to disgrace , to reject at their own liberty what they see done and practised according to order set down ; if in so great varietie of ways , as the wit of man is easily able to finde out towards any purpose ; and in so great liking as all men especially have unto those inventions , whereby some one shall seem to have been more inlightned from above than many thousands , the church did give every man licence to follow what himself imagineth that gods spirit doth reveal unto him , or what he supposeth that god is likely to have revealed to some special person , whose vertues deserve to be highly esteemed . what other effect could hereupon ensue , but the utter confusion of his church , under pretence of being taught , led , and guided by his spirit ? the gifts and graces whereof do so naturally all tend unto common peace , that where such singularity is , they , whose hearts it possesseth , ought to suspect it the more , in as much as if it did come of god , and should for that cause prevail with others , the same god which revealeth it to them , would also give them power of confirming it unto others , either with miraculous operation , or with strong and invincible remonstrance of sound reason , such as whereby it might appear that god would indeed have all mens judgments give place unto it ; whereas now the errour and unsufficience of their arguments doth make it on the contrary side against them a strong presumption , that god hath not moved their hearts to think such things , as he hath not enabled them to prove . and so from rules of general direction it resteth , that now we descend to a more distinct explication of particulars , wherein those rules have their special efficacy . . solemne duties of publick service to be done unto god , must have their places set and prepared in such sort , as beseemeth actions of that regard . adam , even during the space of his small continuance in paradise , had ( a ) where to present himself before the lord. adam's sons had out of paradise in like sort ( b ) whither to bring their sacrifices . the patriarks used ( c ) altars , and ( d ) mountains , and ( e ) groves , to the self-same purpose . in the vast wilderness , when the people of god had themselves no settled habitation , yet a movable ( f ) tabernacle they were commanded of god to make . the like charge was given them against the time they should come to settle themselves in the land which had been promised unto their fathers , ( g ) te shall seek that place which the lord your god shall chuse . when god had chosen ierusalem , and in ierusalem mount ( h ) moriah there to have his standing habitation made , it was in the chiefest of ( i ) davids desires to have performed so good a work . his grief was no less , that he could not have the honour to builde god a temple , than their anger is at this day , who bite asunder their own tongues with very wrath , that they have not as yet the power to pull down the temples which they never built , and to level them with the ground . it was no mean thing which he purposed . to perform a work so majestical and stately was no small charge . therefore he incited all men unto bountiful contribution , and procured towards it with all his power , gold , silver , brass , iron , wood , precious stones , in great abundance . yea moreover , because i have ( saith david ) a joy in the house of my god , i have of my own gold and silver , besides all that i have prepared for the house of the sanctuary , given to the house of my god three thousand talents of gold , even the gold of ophir , seven thousand talents of fined silver . after the overthrow of this first house of god , a second was instead thereof erected , but with so great odds , that they went which had seen the former , and beheld how much this later came behinde it , the beauty whereof notwithstanding was such , that even this was also the wonder of the whole world. besides which temple , there were both in other parts of the land , and even in ierusalem , by process of time , no small number of synagogues for men to resort unto . our saviour himself , and after him the apostles frequented both the one and the other . the church of christ which was in ierusalem , and held that profession which had not the publick allowance and countenance of authority , could not so long use the exercise of christian religion but in private only . so that as jews they had access to the temple and synagogues , where god was served after the custom of the law , but for that which they did as christians , they were of necessity forced other where to assemble themselves . and as god gave increase to his church , they sought out both there and abroad for that purpose not the fittest ( for so the times would not suffer them to do ) but the safest places they could . in process of time , some while● by sufferance , some whiles by special leave and favour , they began to erect to themselves oratories , not in any sumptuous or stately manner ; which neither was possible , by reason of the poor estate of the church , and had been perilous in regard of the world's envy towards them . at length , when it pleased god to raise up kings and emperours favouring sincerely the christian truth , that which the church before either could not , or durst not do , was with all alacrity performed . temples were in all places erected , no cost was spared , nothing judged too dear which that way should be spent . the whole world did seem to exult , that it had occasion of pouring out gifts to so blessed a purpose . that chearful devotion which david this way did exceedingly delight to behold , and wish that the same in the jewish people might be perpetual , was then in christian people every where to be seen . their actions , till this day always accustomed to be spoken of with great honour , are now called openly into question . they , and as many as have been followers of their example in that thing ; we especially that worship god , either in temples which their hands made , or which other men sithence have framed by the like pattern , are in that respect charged no less then with the sin of idolatry . our churches in the foam of that good spirit , which directeth such fiery tongues , they term spitefully the temples of baal , idle synagogues , abominable styes . . wherein the first thing which moveth them thus to cast up their poysons , are certain solemnities usual at the first erection of churches . now although the same should be blame-worthy , yet this age ( thanks be to god ) hath reasonably well for-born to incurr the danger of any such blame . it cannot be laid unto many mens charge at this day living , either that they have been so curious , as to trouble the bishops with placing the first stone in the churches they built ; or so scrupulous , as after the erection of them , to make any great ado for their dedication . in which kind notwithstanding as we do neither allow unmeet , nor purpose the stiff defence of any unnecessary , custom heretofore received , so we know no reason wherefore churches should be the worse , if at the first erecting of them , at the making of them publick , at the time when they are delivered , as it were , into god's own possession , and when the use whereunto they shall ever serve is established , ceremonies sit to betoken such intents , and to accompany such actions be usual , as ( a ) in the purest times they have been . when ( b ) constantine had finished an house for the service of god at ierusalem , the dedication he judged a matter not unworthy , about the solemn performance whereof , the greatest part of the bishops in christendom should meet together . which thing they did at the emperors motion , each most willingly setting forth that action to their power , some with orations , some with sermons , some with the sacrifice of prayers unto god for the peace of the world , for the churches safety , for the emperour 's and his childrens good . ( c ) by athanasius the like is recorded concerning a bishop of alexandria , in a work of the like devout magnificence . so that whether emperours or bishops in those days were church-founders , the solemn dedication of churches they thought not to be a work in it self either vain , or superstitious . can we judge it a thing seemly for any man to go about the building of an house to the god of heaven with no other appearance , than if his end were to rear up a kitchen , or parlour , for his own use ? or when a work of such nature is finished , remaineth there nothing but presently to use it ; and so an end ? it behoveth that the place where god shall be served by the whole church , be a publick place , for the avoiding of privy conventicles , which , covered with pretence of religion , may serve unto dangerous practises . yea , though such assemblies be had indeed for religions sake ; hurtful nevertheless they may easily prove , as well in regard of their fitness to serve the turn of hereticks , and such as privily will soonest adventure to instill their poyson into mens minds ; as also for the occasion , which thereby is given to malicious persons , both of suspecting , and of traducing with more colourable shew those actions , which in themselves being holy , should be so ordered , that no man might probably otherwise think of them . which considerations have by so much the greater waight , for that of these inconveniences the church heretofore had so plain experience when christian men were driven to use secret meetings , because the liberty of publick places was not granted them . there are which hold , that the presence of a christian multitude , and the duties of religion performed amongst them , do make the place of their assembly publick ; even as the presence of the king and his retinue maketh any mans house a court. but this i take to be an errour , in as much as the only thing which maketh any place publick , is the publick assignment thereof unto such duties . as for the multitude there assembled , or the duties which they perform , it doth not appear how either should be of force to insuse any such prerogative . not doth the solemn dedication of churches serve only to make them publick , but farther also to surrender up that right which otherwise their founders might have in them , and to make god himself their owner . for which cause , at the erection and consecration as well of the tabernacle , as of the temple , it pleased the almighty to give a manifest sign that he took possession of both . finally , it not fi●th in solemn manner the holy and religious use whereunto it is intended such houses shall be put . these things the wisdom of solomon did not account superfluous . he knew how easily that which was meant should be holy and sacred , might be drawn from the use whereunto it was first provided ; he knew how bold men are to take even from god himself , how hardly that house would be kept from impious profanation , he knew ; and right wisely therefore endeavoured by such solemnities to leave in the minds of men that impression , which might somewhat restrain their boldness , and nourish a reverend affection towards the house of god. for which cause when the first house was destroyed , and a new in the stead thereof erected by the children of israel after their return from captivity , they kept the dedication even of this house also with joy . the argument which our saviour useth against prophaners of the temple , he taketh from the use whereunto it was with solemnity consecrated . and as the prophet ieremy forbiddeth the carrying of burdens on the sabbath , because that was a sanctified day : so because the temple was a place sanctified , our lord would not suffer , no not the carriage of a vessel through the temple : these two commandements therefore are in the law conjoyned , ye shall keep my sabbaths , and reverence my santuary . out of those the apostles words , have ye not houses to eat and drink in ? albeit temples , such as now , were not then erected for that exercise of christian religion , it hath been nevertheless not absurdly conceived , that he teacheth what difference should be made between house and house , that what is fit for the dwelling place of god , and what for mans habitation be sheweth● requireth that christian men at their own home take common food , and in the house of the lord none but that food which is heavenly ; he instructeth them , that as in the one place they use to refresh their bodies , so they may in the other learn to seek the nourishment of their souls ; and as there they sustain temporal life , so here they would learn to make provision for eternal . christ could not suffer that the temple should serve for a place of mart , not the apostle of christ , that the church should be made an inne . when therefore we sanctifie or hallow churches , that which we do as ooly to testifie that we make them places of publick resort , that we invest god himself with them , that we sever them from common uses . in which action , other solemnities than such as are decent and fit for that purpose we approve none . indeed we condemn not all as unmeet , the like whereunto have either been devised or used haply amongst idolaters . for why should conformity with them in matter of opinion be lawful , when they think that which is true , if in action , when they do that which is meet , it be uot lawful to be like unto them ? are we to forsake any true opinion , because idolaters have maintained it ? or to shun any requisite action , only because we have in the practise thereof been prevented by idolaters . it is no impossible thing , but that sometimes they may judge as tightly what is decent about such external affairs of god , as in greater things what is true . not therefore whatsoever idolaters have either thought or done , but let whatsoever they have either thought or done idolatrously , be so far forth abhorred . for of that which is good even in evil things , god is author . . touching the names of angels and saints , whereby the most of our churches are called ; as the custome of so naming them is very antient , so neither was the cause thereof at the first , nor is the use and continuance with us at this present hurtful . that churches were consecrated unto none but the lord only , the very general name it self doth sufficiently shew , is as much as by plain grammatical construction , church doth signifie no other thing than the lords house . and because the multitude , as of persons , so of things particular causeth variety of proper names to be devised for distinction sake , founders of churches did herein that which best liked their own conceit at the present time ; yet each intending , that as oft as those buildings came to be mentioned , the name should put men in mind of some memorable thing or person . thus therefore it cometh to pass , that all churches have had their names , (h) some as memorials of peace , some of wisdom , some in memory of the trinity it self , some of christ under sundry titles ; of the blessed virgin not a few , many of one apostle , saint , or martyr , many of all . in which respect their commendable purpose being not of every one understood , they have been in latter ages , construed as though they had superstitiously meant , either that those places which where denominated of angels and saints , should serve for the worship of so glorious creatures , or else those glorified creatures , for defence , protection , and patronage of such places . a thing which the antients do utterly disclaim . to them saith st. augustine , appoint no churches , because they are not to us as gods. again , the nations to their gods erected temples , we not temples unto our martyrs as unto gods , but memorials as unto dead men , whose spirits with god are still living . divers considerations there are , for which christian churches might first take their names of saints : as either because by the ministry of saints it pleased god there to shew some rare effect of his power ; or else in regard of death , which those saints having suffered for the testimony of jesus christ , did thereby make the places where they dyed vénerable ; or thirdly , for that it liked good and vertuous men to give such occasion of mentioning them often , to the end that the naming of their persons might cause enquiry to be made , and meditation to be had of their vertues . wherefore , seeing that we cannot justly account it superstition , to give unto churches those sore-reheased names , as memorials either of holy persons or things ; if it be plain that their founders did with such meaning name thém , shall not we , in otherwise taking them , offer them injury ? or if it be obscure or uncertain what they meant , yet this construction being more favourable , charity ( i hope ) constraineth no man which standeth doubtful of their minds , to lean to the hardest and worst interpretation that their words can carry . yea , although it were clear , that they all ( for the error of some is manifest in this behalf ) had therein a supertitious intent , wherefore should their fault prejudice us , who ( as all men know ) do use by way of mere distinction the names which they of superstition gave ? in the use of those names whereby we distinguish both days and months , are we culpable of superstition , because they were , who first invented them ? the sign castor and pallux superstitiously given unto that ship wherein the apostle sailed , polluteth not the evangelists pen , who thereby doth but distinguish that ship from others . if to daniel there had been given no other name , but only beltisbazzar , given him in honour of the babylonian idol belti , should their idolatry , which were the authors of that name , cleave unto every man which had so termed him by way of personal difference only ? were it not to satisfie the minds of the simpler sort of men , these nice curiosities are not worthy the labour which we bestow to answer them . . the like unto this is a fancy , which they have against the fashion of our churches , as being framed according to the pattern of the jewish temple . a fault no less grievous , if so be it were true , than if some king should build his mansion-house by the model of solomons palace . so far forth as our churches and their temple have one end , what should lett , but that they may lawfully have one from ? the temple was for sacrifice , and therefore had rooms to that purpose , such as ours have none . our churches are places provided , that the people might there assemble themselves in due and decent manner , according to their several degrees and orders . which thing being common unto us with jews , we have in this respect our churches divided by certain partitions , although not so many in number as theirs . they had their several for heathen nations , their several for the people of their own nation , their several for men , their several for women , their several for their priests , and for the high priest alone their several . there being in ours for local distinction between the clergy and the rest ( which yet we do not with any great strictness or curiosity observe neither ) but one partition , the cause whereof at the first ( as it seemeth ) was , that as many as were capable of the holy mysteries , might there assemble themselves , and no other creep in amongst them ; this is now made a matter so hainous , as if our religion thereby were become even plain judaism , and as though we retained a most holy place , whereinto there might not any but the high priest alone enter , accouling to the custome of the jews . . some it highly displeaseth , that so great expences this way are imployed : the mother of such magnificence ( they think ) is but only a proud ambitious desire to be spoken of far and pride . suppose we that god himself delighteth to dwell sumptuously ? or taketh pleasure in chargeable p●mp ? no ; then was the lord most acceptably served , when his temples were rooms borrowed within the houses of poor men . this was suitable unto the nakedness of iesus christ , and the simplicity of his gospel . what thoughts or cogitations they had which were authors of those things , the use and benefit whereof hath descended unto our selves , as we do not know , so we need not search . it commeth ( we grant ) may times to pass , that the works of men being the same , their drifts and purposes therein are divers . the charge of herod about the temple of god was ambitious ; yet solomon's vertuous , constantine's holy . but howsoever their hearts are disposed by whom any such thing is done in the world , shall we think that it baneth the work which they leave behind them , or taken away from others the use and benefit thereof ? touching god himself , hath he any where revealed , that it is his delight to dwell beggerly ? and that he taketh no pleasure to be worshipped , saving only in poor cottages ? even then was the lord at acceptably honoured of his people as ever , when the statelyest places and things in the whole world were sought out to adorn his temple . this is most suitable , decent , and fit for the greatness of jesus christ , for the sublimity of his gospel , except we think of christ and his gospel as ( a ) the officers of iulian did . as therefore the son of syrach giveth verdict concerning those things , which god hath wrought , ( b ) a man need not say , this is worse than that , this more acceptable to god , that less ; for in their season they are all worthy praise : the like we may also conclude , as touching these two so contrary ways of providing , in meaner or in costlier sort , for the honour of almighty god , a man need not say , this is worse than that , this more acceptable to god , that less ; for with him they are in their season both allowable ; the one , when the state of the church is poor ; the other , when god hath enriched it with plenty . when they , which had seen the beauty of the first temple , built by solomon in the days of his great prosperity and peace , beheld how farr it excelled the second , which had not builders of like ability , the tears of their grieved eyes the prophets ( c ) endeavoured with comforts to wipe away . whereas if the house of god were by so much the more perfect , by how much the glory thereof is less , they should have done better to rejoyce than weep , their prophets better to reprove than comfort . it being objected against the church in the times of universal persecution , that her service done to god was not solemnly performed in temples fit for the honour of divine majesty , their most convenient answer was , that ( d ) the best temples which we can dedicate to god , are our sanctified souls and bodies . whereby it plainly appeareth , how the fathers , when they were upbraided with that defect , comforted themselves with the meditation of gods most gracious and merciful nature , who did not therefore the less accept of their hearty affection and zeal rather , than took any great delight , or imagined any high perfection in such their want of external ornaments , which when they wanted , the cause was their only lack of ability ; ability serving , they wanted them not . before the emperour constantines time , under severus , gardian , philip , and galienus , the state of christian affairs being tolerable , the sonner buildings which were but of mean and small estate contented them not ; spacious and ample churches they erected throughout every city . no envy was able to be their hindrance , no practise of satan or fraud of men available against their proceedings herein , while they continued as yet worthy to feel the aide of the arm of god extended over them for their safety . these churches dioclesian caused by solemn edict to be afterwards overthrown . maximinus with like authority giving leave to erect them , the hearts of all men were even rapt with divine joy , to see those places , which tyrannous impiety had laid waste , recovered , as it were , out of mortal calamity , churches reared up to an height immeasurable , and adorned with far more beauty in their restauration than their founders before had given them . whereby we see , how most christian minds stood then affected , we see how joyful they were to behold the sumptuous stateliness of houses built unto gods glory . if we should , over and besides this , alledge the care which was had , that all things about the tabernacle of moses might be as beautiful , gorgeous , and rich , as art could make them ; or what travel and cost was bestowed , that the goodliness of the temple might be a spectacle of admiration to all the world ; this , they will say , was figurative , and served by gods appointment but for a time , to shadow out the true everlasting glory of a more divine sanctuary ; whereinto christ being long fithence entred , it seemeth that all those curious exornations should rather cease . which thing we also our selves would grant , if the use thereof had been meetly and only mystical . but , sith the prophet david doth mention a natural conveniency which such kind of bounteous expences have , as well for that we do thereby give unto god a testimony of our chearful affection , which thinketh nothing too dear to be bestowed about the furniture of his service , as also because it serveth to the world for a witness of his almightiness , whom we outwardly honour with the chiefest of outward things , as being of all things himself incomparably the greatest . besides , were it not also strange , if god should have made such store of glorious creatures on earth , and leave them all to be consumed in secular vanity , allowing none but the baser sort to be imployed in his own service ? to set forth the majesty of kings , his vicegerents in this world , the most gorgeous and rare treasures which the world hath , are procured . we think , belike , that he will accept what the meanest of them would disdain . if there be great care to build and beautifie these corruptible sanctuaries , little or none , that the living temples of the holy ghost , the dearly redeemed souls of the people of god may be edified ; huge expences upon timber and stone , but towards the relief of the poor , small devotion ; cost this way infinite , and in the mean while charity cold : we have in such case just occasion to make complaint as saint ierom did , the walls of the church there are ●now contented to build , and to underset it with goodly pillars , the marbles are polished , the roofs shine with gold , the altar hath precious stones to adorn it ; and of christs ministers no choyce at all . the same ierom , both in that place and elsewhere , debaseth with like intent the glory of such magnificence ( a thing whereunto mens affections in those times needed no spu●r ) thereby to extoll the necessity sometimes of charity and alms , sometimes of other the most principal duties belonging unto christian men ; which duties were neither so highly esteemed as they ought , and being compared with that in question , the directest sentence we can give of them both , as unto me it seemeth , is this , god who requireth the one as necessary , accepteth the other also as being an honourable work . . our opinion concerning the force and vertue which such places have , is , i trust , without any blemish or stain of heresie . churches receive , as every thing else , their chief perfection from the end whereunto they serve . which end being the publick worship of god , they are , in this consideration , houses of greater dignity , than any provided for meaner purposes . for which cause they seem after a sort even to mourn , as being injured and defrauded of their right , when places , not sanctified as they are , prevent them unnecessarily in that preheminence and honour . whereby also it doth come to pass , that the service of god hath not then it self such perfection of grace and comeliness , as when the dignity of place which it wisheth for doth concurr . again , albeit the true worship of god be to god in it self acceptable , who respecteth not so much in what place , as with what affection he is served ; and therefore moses in the midst of the sea , iob on the dunghil , ezechias in bed , ieremy in mire , ionas in the whale , daniel in the den , the children in the furnace , the thief on the cross , peter and paul in prison , calling unto god , were heard , as s. basil noteth : manifest notwithstanding it is , that the very majesty and holyness of the place where god is worshipped , hath in regard of us great vertue , force and efficacy , for that it serveth as a sensible help to stirr up devotion , and in that respect , no doubt , bettereth even our holiest and best actions in this kind . as therefore we every where exhort all men to worship god ; even so , for performance of this service by the people of god assembled , we think not any place so good as the church , neither any exhortation so sit as that of david , o worship the lord in the beauty of holiness . . for of our churches thus it becometh us to esteem , howsoever others rapt with the pang of a furious zeal , do pour out against them devout blasphemies , crying , ( a ) down with them , down with them , even to the very ground ; for to idolatry they have been abused . and the places where idols have been worshipped , are by ( b ) the law of god devote to utter destruction . for extentions of which law , the ( c ) kings that were godly , as asa , jehosaphat , ezechia , josia , destroyed all the high places , altars , and groves , which had been erected in juda and israel . he that said , thou shalt have no other gods before my face , hath likewise said , thou shalt utterly deface and destroy all these synagogues and places where such idols have been worshipped . this law containeth the temporal punishment which god hath set down , and willeth that men execute , for the breach of the other law. they which spare them therefore , do but reserve , as the hypocrite saul did , exterable things , to worship god withall . the truth is , that as no man serveth god , and loveth him not ; so neither can any man sincerely love god , and not extreamly abhor that sin , which is the highest degree of treason against the supream guide and monarch of the whole world , with whose divine authority and power it investeth others . by means whereof the state of idolaters is two wayes miserable . first , in that which they worship , ( a ) they find no succour ; and secondly , at his hands whom they ought to serve , there is no other thing to be looked for , but the effects of most just displeasure , the ( b ) withdrawing of grace , ( c ) dereliction in this world , and in the world to come ( d ) confusion . ( e ) paul and barnabas , when infidels admiring their vertues went about to sacrifice unto them , rent their garments in token of horrour , and , as frighted persons , run crying thorow the press of the people , o men , wherefore doy● these things ? they knew the force of that dreadful ( f ) curse whereunto idolatry maketh subject . nor is there cause why the guilty sustaining the same , should grudge or complain of injustice . for , whatsoever evil befalleth in that respect , ( g ) themselves have made themselves worthy to suffer it . as for those things either whereon , or else wherewith superstition worketh , polluted they are by such abuse , and deprived of that dignity which their nature delighteth in . for there is nothing which doth not grieve , and , as it were , even loath it self , whensoever iniquity causeth it to serve unto vile purposes idolatry therefore maketh , whatsoever it toucheth , the worse . howbeit sith creatures which have no understanding can shew no will ; and where no will is , there is no sin ; and only that which sinneth , is subject to punishment ; which way should any such creature be punishable by the law of god ? there may be cause sometime to abolish or to extiguish them , but surely , never by way of punishment to the things themselves . yea farther , howsoever the law of moses did punish idolaters , we find not that god hath appointed for us any definite or certain temporal judgment , which the christian magistrate is of necessity for ever bound to execute upon offenders in that kind , much less upon things that way abused as mere instruments . for what god did command touching canaan , the same concerneth not us any otherwise than only as a fearful pattern of his just displeasure and wrath against sinful nations . it teacheth us , how god thought good to plague and afflict them ; it doth not appoint in what form and manner we ought to punish the sin of idolaty in all others . unless they will say , that because the israelites were commanded to make no covenant with the people of that land , therefore leagues and truces made between superstitious persons , and such as serve god aright , are unlawful altogether ; or , because god commanded the israelites to smite the inhabitants of canaan , and to root them out , that therefore reformed churches are bound to put all others to the edge of the sword . now whereas commandment was also given to destroy all places where the canaanites had served their gods , and not to convert any one of them to the honour of the true god : this precept had reference unto a special intent and purpose , which was , that there should be but one only place in the whole land , whereunto the people might bring such offerings , gifts , and sacrifices , as their levitical law did require . by which law , severe charge was given them in that respect , not to convert those places to the worship of the living god , where nations before them had served idols , but to seek the place which the lord their god should chuse out of all their tribes . besides , it is reason we should likewise consider how great a difference there is between their proceedings , who erect a new common-wealth , which is to have neither people nor law , neither regiment nor religion the same that was , and theirs , who only reform a decayed estate , by reducing it to that perfection from which it hath swarved . in this case we are to retain as much , in the other as little of former things as we may . sith therefore examples have not generally the force of laws which all men ought to keep , but of counsels only and perswasions not amiss to be followed by them whose case is the like , surely where cases are so unlike as theirs and ours , i see not how that which they did , should induce , much less any way enforce us to the same practise , especially considering that groves and hill-altars were , while they did remain , both dangerous in regard of the secret access , which people , superstitiously given , might have always thereunto with ease ; neither could they remaining serve with any fitness unto better purpose : whereas our temples ( their former abuse being by order of law removed ) are not only free from such peril , but withall so conveniently framed for the people of god to serve and honour him therein ; that no man beholding them , can chuse but think it exceeding great pity they should be ever any otherwise employed . yea but the cattel of amalek ( you will say ) were fit for sacrifice ; and this was the very conceit which sometime deceived soul. it was so . nor do i any thing doubt , but that saul upon this conceit might even lawfully have offered to god those reserved spoyls , had not the lord in that particular case given special charge to the contrary . and therefore notwithstanding the commandement of israel to destroy canaanites , idolaters may be converied and live : so the temples which have served idolatry as instruments , may be sanctified again and continue , albeit , to israel commandement have been given that they should destroy all idolatrous places in their lead ; and to the good kings of israel commendation for fulfilling , to the evil for disobeying the same commandement , sometimes punishment , always sharp and severe reproof hath even from the lord himself befallen . thus much it may suffice to have written in defence of those christian oratories , the overthrow and ruine whereof is desired , not now by infidels , pagans , or turks , but by a special refined sect of christian believers ; pretending themselves exceedingly grieved at our solemnities in erecting churches , at the names which we suffer them to hold , at their form and fashion , at the stateliness of them and costliness , at the opinion which we have of them , and at the manifold supertitious abuses whereunto they have been put . . places of publick resort being thus provided for , our repair thither is especially for mutual conference , and as it were commerce to be had between god and us . because therefore want ( a ) of the knowledge of god is the cause of all iniquity amongst men , as contrariwise , the ground of all our happiness , and the seed of whatsoever perfect vertue groweth from us , is a right opinion touching things divine , this kind of knowledge we may justly set down for the first and chiefest thing which god imparteth unto his people , and our duty of receiving this at his merciful hands , for the first of those religious offices wherewith we publickly honour him on earth . for the instruction therefore of all sorts of men to eternal life , it is necessary , that the sacred and saving truth of god be openly published unto them . which open publication of heavenly mysteries , is by an excellency termed preaching . for otherwise there is not any thing publickly notified , but we may in that respect , rightly and properly say it is preached . so that when the school of god doth use it as a word of art , we are accordingly to understand it with restraint to such special matter as that school is accustomed to publish . we find not in the world any people that have lived altogether without religion . and yet this duty of religion , which provideth that publickly all sorts of men may be instructed in the fear of god , is to the church of god , and hath been always so peculiar , that none of the heathens , how curious soever in searching out all kinds of outward ceremonies like to ours , could ever once so much as endeavour to resemble herein the churches care for the endless good of her children . ways of teaching there have been sundry always usual in gods church . for the first introduction of youth , to the knowledge of god , the jews even till this day have their catechisms . with religion it fareth as with other sciences , the first delivery of the elements thereof must , for like consideration , ( b ) be framed according to the weak and slender capacity of young beginners : unto which manner of teaching principles in christianity , the apostle in the sixth to the hebrews is himself understood to allude . for this cause therefore , as the decalogue of moses declareth summarily those things which we ought to do ; the prayer of our lord , whatsoever we should request or desire : so either by the apostles , or at the least-wise out of their writings , we have the substance of christian belief compendiously drawn into few and short articles , to the end that the weakness of no mans wit might either hinder altogether the knowledge , or excuse the utter ignorance of needful things . such as were trained up in these rudiments , and were so made fit to be afterward by baptism received into the church , the fathers usually in their writings do term hearers ; as having no farther communion or fellowship with the church , than only this , that they were admitted to hear the principles of christian faith made plain unto them . catechizing may be in schools , it may be in private families ; but when we make it a kind of preaching , we mean always the publick performance thereof in the open hearing of men , because things are preached not in that they are taught , but in that they are published . . moses and the prophets , christ and his apostles , were in their times all preachers of gods truth ; some by word , some by writing , some by both . this they did partly as faithful witnesses , making meer relation what god himself had revealed unto them ; and partly as careful expounders , teachers , perswaders thereof . the church in like case preacheth still , first publishing by way of testimony or relation , the truth which from them she hath received , even in such sort as it was received , written in the sacred volumes of scripture ; secondly , by way of explication , discovering the mysteries which lye hid therein . the church as a witness , preacheth his meer revealed truth , by reading publickly the sacred scripture . so that a second kind of preaching is the reading of holy writ . for thus we may the boldlier speak , being strengthened ( a ) with the examples of so reverend a prelate as saith , that moses from the time of antient generations and ages long since past , had amongst the cities of the very gentiles them that preached him , in that he was read every sabbath day . for so of necessity it must be meant , in as much as we know , that the jews have alwayes had their weekly readings of the law of moses ; but that they always had in like manner their weekly sermons upon some part of the law of moses , we no where find . howbeit still we must here remember , that the church ; by her publick reading of the book of god , preacheth only as a witness . now the principal thing required in a witness , is fidelity . wherefore as we cannot excuse that church , which either through corrupt translations of scripture , delivereth , instead of divine speeches , any thing repugnant unto that which god speaketh ; or , through falsified additions , proposeth that to the people of god as scripture , which is in truth no scripture : so the blame , which in both these respects hath been laid upon the church of england , is surely altogether without cause . touching translations of holy scripture , albeit we may not disallow of their painful travels herein , who strictly have tyed themselves to the very original letter ; yet the judgment of the church , as we see by the practise of all nations , greeks , latines , persians , syrians , aethiopians , arabians , hath been ever , that the fittest for publick audience are such , as following a middle course between the rigor of literal translators , and the liberty of paraphrasts , do with greatest shortness and plainness deliver the meaning of the holy ghost . which being a labour of so great difficulty , the exact performance thereof we may rather wish than look for . so that , except between the words of translation and the mind of scripture it self , there be contradiction , every little difference should not seem an intolerable blemish necessarily to be spunged out . whereas therefore the prophet david in a certain psalm doth say concerning moses and aaron , that they were obedient to the word of god , and in the self-same place ●or allowed translation saith , they were not obedient , we are for this cause challenged as manifest gain-sayers of scripture , even in that which we read for scripture unto the people . but for as much as words are resemblances of that which the mind of the speaker conceiveth , and conceits are images representing that which is spoken of ; it followeth that they who will judge of words , should have recourse to the things themselves from whence they rise . in setting down that miracle , at the sight whereof peter fell down astonished before the feet of jesus , and cryed , depart , lord , i am a sinner , the ( k ) evangelist st. luke saith , the store of the fish which they took was such , that the net they took it in brake , and the ships which they loaded therewith sunk ; ( l ) st. iohn recording the like miracle , saith , that albeit the fishes in number were so many , yet the net with so great a weight was not broken . suppose they had written both of one miracle . although there be in their words a manifest shew of jar ; yet none , if we look upon the difference of matter , with regard whereunto they might both have spoken even of one miracle , the very same which they spake of divers , the one intending thereby to signifie that the greatness of the burden exceeded the natural ability of the instruments which they had to bear it ; the other , that the weakness thereof was supported by a supernatural and miraculous addition of strength . the nets , as touching themselves , brake , but through the power o● god they held . are not the words of the a ) prophet micheas touching bethleem , thou bethleem the least ? and doth not the very ( b evangelist translate these words , thou bethleem not the least ? the one regarding the quantity of the place , the other the dignity . micheas attributeth unto it smallness , in respect of circuit ; matthew greatness , in regard of honor and estimation , by being the native soyle of our lord and saviour christ. sith therefore speeches , which gain-say one another , must of necessity be applyed both unto one and the self-same subject ; sith they must also the one affirm , the other deny the self-same thing : what necessity of contradiction can there be between the letter of the prophet david , and our authorised translation thereof , if he understanding moses and aaron do say , they were not disobedient ; we applying our speech to pharaoh and the aegyptians , do say of them , they were not obedient ? or ( which the matter it self will easily enough likewise suffer ) if the aegyptians being meant by both , it be said that they in regard of c their offer to let go the people , when they saw the fearful darkness , disobeyed not the word of the lord ; and yet that they did not obey his word , in as much as the sheep and cattel at the self-same time they with-held . of both translations , the better i willingly acknowledge that which cometh nearer to the very letter of the original verity : yet so , that the other may likewise safely enough be read , without any per●l at all of gain-saying , as much as the least jot or syllable of god's most sacred and precious truth . which truth , as in this we do not violate , so neither is the same gain-sayed or crost , no not in those very preambles placed before certain readings , wherein the steps of the latin service-book have been somewhat too nearly followed . as when we say , christ spake ( d ) to his disciples , that which the gospel declareth he spake ( e ) unto the pharises . for doth the gospel affirm , he spake to the pharisees only ? doth it mean that they , and besides them , no man else was at that time spoken unto by our saviour christ ? if not , then is there in this diversity no contrariety . i suppose it somewhat probable , that st. iohn and st. matthew , which have recorded those sermons , heard them , and being hearers , did think themselves as wel respected as the pharisees in that which their lord and master taught , concerning the pastoral care he had over his own flock , and his offer of grace made to the whole world , which things are the matter whereof he treateth in those sermons . wherefore as yet there is nothing found , wherein we read for the word of god that which may be condemned as repugnant unto his word . furthermore , somewhat they are displeased , in that we follow not the method of reading , which f in their judgement is most commendable , the method used in some foreign churches , where scriptures are read before the time of divine service , and without either choyce or stint appointed by any determinate order , nevertheless , till such time as they shall vouchsafe us some just and sufficient reason to the contrary , we must by their patience , if not allowance , retain the g antient received custom which we now observe . for with us the reading of the scripture in the church is a part of our church-liturgy , a special portion of the service which we do to god , and not an exercise to spend the time when one doth wait for anothers coming , till the assembly of them which shall afterwards worship him be comple● . wherefore , as the form of our publick service is not voluntary , so neither are the parts thereof left uncertain , but they are all set down in such order , and with such choyce , as hath in the wisdom of the church seemed best to concur as well with the special occasions , as with the general purpose which we have to glorifie god. . other publick readings there are of books and writings not canonical , whereby the church doth also preach , or openly make known , the doctrine of vertuous conversation ; whereupon , besides those things , in regard whereof we are thought to read the scriptures of god amiss , it is thought amiss , that we read in our churches any thing at all besides the scriptures . to exclude the reading of any such profitable instruction , as the church hath devised for the better understanding of scripture , or for the easier trayning up of the people in holiness and righteousness of life , they a plead , that god in the law would have nothing brought into the temple , neither besomes , nor flesh-hooks , nor trumpets , but those only which were sanctified , that for the expounding of darker places , we ought to follow the jews * polity , who under antiochus , where they had not the commodity of sermons , appointed always at their meetings somewhat out of the prophets to be read together with the law , and so by the one made the other plainer to be understood ; that before and after our saviours comming they neither read onkelos nor ionathan's paraphrase , though having both , but contented themselves b with the reading only of scriptures , that if in the primitive church there had been any thing read besides the monuments of the prophets and apostles , ( c iustin martyr and origen , who mention these , would have spoken of the other likewise ; that ( d the most antient and best councels forbid any thing to be read in churches , saving canonical scripture onely ; that when e other things were afterwards permitted f fault was found with it , it succeeded but ill , the bible it self was thereby in time quite and clean thrust out . which arguments , if they be only brought in token of the authors good-will and meaning towards the cause which they would set forward , must accordingly be accepted of by them , who already are perswaded the same way . but if their drift and purpose be to perswade others , it would be demanded , by what rule the legal hallowing of besomes and flesh-hooks must needs exclude all other readings in the church save scripture . things sanctified were thereby in such sort appropriated unto god , as that they might never afterwards again be made common . for which cause , the lord , to sign and mark them as his own , g appointed oyle of holy oyntment , the like whereunto it was not lawful to make for ordinary and daily uses . thus the h anoynting of aaron and his sons tyed them to the office of the priest-hood for ever ; the anoynting not of those silver trumpets ( which i moses as well for secular as sacred uses was commanded to make , not to sanctifie ) but the unction of the k tabernacle , the table , the laver , the altar of god , with all the instruments appertaining thereunto , this made them for ever holy unto him , in whose service they were imployed . but what of this ? doth it hereupon follow , that all things now in the church , from the greatest to the least , are unholy , which the lord hath not himself precisely instituted ? for so l those rudiments , they say , do import . then is there nothing holy , which the church by her authority hath appointed ; and consequently all positive ordinances that ever were made by ecclesiastical power , touching spiritual affairs , are prophane , they are unholy . i would not with them to undertake a work so desperate as to prove , that for the peoples instruction no kinde of reading is good , but only that which the jews devised under antiochus , although , even that he also mistaken . for according to m elius the levite ( out of whom it doth seem borrowed ) the thing which antiochus forbad , was the publick reading of the law , and not sermons upon the law. neither did the jews read a portion of the prophets together with the law , to serve for an interpretation thereof , because sermons were not permitted them ; but , instead of the law , which they might not read openly , they read of the prophets that , which in likeness of matter came nearest to each section of their law. whereupon , when afterwards the liberty of reading the law n was restored , the self-same custom o as touching the prophets did continue still . if neither the jews have used publickly to read their paraphrasts , nor p the primitive church for a long time any other writings than scripture , except the cause of their not doing it , were some law of god , or reason forbidding them to do that which we do , why should the latter ages of the church be deprived of the liberty the former had ? are we bound while the world standeth , to put nothing in practice , but onely that which was at the very first ? concerning the council of laodicea , is it forbiddeth the reading of those things which are not canonical , so it maketh some things not canonical which are . their judgment in this we may not , and in that we need not follow . we have by thus many years experience found , that exceeding great good , not incumbred with any notable inconvenience , hath grown by the custome which we now observe . as for the harm whereof judicious men have complained in former times ; it came not of this , that other things were read besides the scripture , but that so evil choyce was made . with us there is never any time bestowed in divine service , without the reading of a great part of the holy scripture , which we acount a thing most necessary . we dare not admit any such form of liturgy , as either appointeth no scripture at all , or very little to be read in the church . and therefore the thrusting of the bible out of the house of god , is rather there to be feared , where men esteem it a matter a so indifferent , whether the same be by solemn appointment read publickly , or not read , the bare text excepted , which the preacher haply chuseth out to expound . but let us here consider what the practise of our fathers before us hath been , and how far-forth the same may be followed . we find , that in ancient times there was publickly read first the b scripture , as namely , something out of the books of the c prophets of god , which were of old , something out of d the apostles writings , and lastly out of the holy e evangelists , some things which touched the person of our lord jesus christ himself . the cause of their reading first the old testament , then the new , and always somewhat out of both , is most likely to have been that which iustin martyr and saint august . observe in comparing the two testaments . the apostles ( saith the one ) hath taught us as themselves did learn , first the precepts of the law , and then the gospels . for what else is the law , but the gospel foreshewed ? what other the gospel , than the law fulfilled ? in like sort the other , what the old testament hath , the very same the new containeth ; but that which lyeth there at under a shadow , in here brought forth into the open sun. things there prefigured , are here performed . again , in the old testament there is a close comprehension of the new ; in the new , an open discovery of the old. to be short , the method of their publick readings either purposely did tend , or at the least-wise doth fitly serve , that from smaller things the mindes of the hearers , may go forward to the knowledge of greater , and by degrees climbe up from the lowest to the highest things . now , besides the scripture , the books which they called ecclesiastical , were thought not unworthy sometime to be brought into publick audience , and with that name they intituled the books which we term apocryphal . under the self-same name they also comprised certain , no otherwise annexed unto the new , than the former unto the old testament , as a book of hermes , epistles of clement , and the like . according therefore to the phrase of antiquity , these we may term the new , and the other the old ecclesiastical books or writings . for we being directed by a sentence ( i suppose ) of saint ierom , who saith , that all writings not canonical are apocryphal , use not now the title apocryphal , as the rest of the fathers ordinarily have done , whose custom is so to name for the most part only , such as might not publickly be read or divulged . ruffinus therefore having rehearsed the self-same books of canonical scripture , which with us are held to be alone canonical , addeth immediately , by way of caution , we must know that other books there are also , which our fore-fathers have used to name not canonical , but ecclesiastical books , as the book of wisdom , ecclesiasticus , toby , judith , the macchabees , in the old testament ; in the new , the book of hermes , and such others : all which books and writings they willed to be read in churches , but not to be alleadged , as if their authority did binde us to build upon them our faith. other writings they named apocryphal , which they would not have read in churches . these things delivered unto us from the fathers , we have in this place thought good to set down . so far ruffinus . he which considereth notwithstanding what store of false and forged writings , dangerous unto christian belief , and yet bearing a glorious inscriptions , began soon upon the apostles times to be admitted into the church , and to be honoured as if they had been indeed apostolick , shall easily perceive what cause the provincial synod of b laodicea might have as then to prevent , especially the danger of books made newly ecclesiastical , and , for feat of the fraud of hereticks , to provide , that such publick readings might be altogether taken out of canonical scripture . which ordinance , respecting but that abuse which grew through the intermingling of lessons human with sacred at such time as the one both affected the credit , and usurped the name of the other ( as by the canon of c a later council providing remedy for the self-same evil , and yet allowing the old ecclesiastical books to be read , it doth more plainly and clearly appear ) neither can be construed , nor should be urged utterly to prejudice our use of those old ecclesiastical writings ; much less of homilies , which were a third kinde of readings usual in former times , a most commendable institution , as well then d to supply the casual , as now the necessary defect of sermons . in the heat of general persecution whereunto christian belief was subject , upon the first promulgation thereof throughout the world , it much confirmed the courage and constancy of weaker mindes , when publick relation was made unto them , after what manner god had been glorified through the sufferings of martyrs , famous amongst them for holiness during life , and at the time of their death admirable in all mens eyes , through miraculous evidence of grace divine assisting them from above . for which cause the vertues of some being thought expedient to be annually had in remembrance above the rest , this brought in e a fouth kinde of publick reading , whereby the lives of such saints and martyrs had at the time of their yearly memorials , solemn recognition in the church of god. the fond imitation of which laudible custom being in later ages resumed , where there was neither the like cause to do as the fathers before had done ; nor any care , conscience , or wit , in such as undertook to perform that work , some brainless men have by great labour and travel brought to pass , that the church is now ashamed of nothing more than of saints . if therefore pope f gelasim did , so long sithence , see those defects of judgment even then , for which the reading of the acts of martyrs should be , and was at that time , forborn in the church of rome ; we are not to marvail , that afterwards legends being grown in a manner to be nothing else but heaps of frivolous and scandalous vanities , they have been even with disdain thrown out , the g very nests which bred them abhorring them . we are not therefore to except only scripture , and to make confusedly all the residue of one sute , as if they , who abolish legends could not without incongruity retain in the church either homilies , or those old ecclesiastical books : which books in case my self did think , as some others do , safer and better to be left publickly unread ; nevertheless as in other things of like nature , even so in this , h my private judgement i should be loath to oppose against the force of their reverend authority , who rather considering the divine excellency of some things in all , and of all things in certain of those apocrypha which we publickly read , have thought-it better to let them stand as a lift or marginal border unto the old testament , and , though with divine , yet as human compositions , to grant at the least unto certain of them publick audience in the house of god. for in as much as the due estimation of heavenly truth dependeth wholly upon the known and approved authority of those famous oracles of god , it greatly behoveth the church to have always most especial care , lest through confused mixture at any time human usurp the room and title of divine writings . wherefore albeit for the peoples more plain instruction ( as the antient use hath been ) we read in our churches certain books , besides the scripture , yet as the scripture we read them not . all men know our professed opinion touching the difference whereby we sever them from the scripture . and if any where it be suspected that some one or other will haply mistake a thing so manifest in every man's eye , there is no lett , but that as often as those books are read , and need so requireth , the style of their difference may expresly be mentioned , to barr even all possiblity of error . it being then known , that we hold not the apocrypha for sacred ( as we do the holy scripture ) but for human compositions , the subject whereof are sundry divine matters ; let there be reason shewed , why to read any part of them publickly , it should be unlawful or hurtful unto the church of god. i hear it said , that many things in them are very frivolous , and unworthy of publick audience ; yea , many contrary , plainly contrary , to the holy scripture . which hitherto is neither sufficiently proved by him who saith it , and , if the proofs thereof were strong , yet the very allegation it self is weak . let us therefore suppose ( for i will not demand to what purpose it is , that against our custom of reading books not canonical , they bring exceptions of matter in those books which we never use to read ) suppose ( i say ) that what faults soever they have observed throughout the passages of all those books , the same in every respect were such as neither could be construed , nor ought to be censured otherwise , than even as themselves pretend : yet as men , through too much haste , oftentimes forget the errand whereabout they should go ; so here it appeareth , that an eager desire to take together whatsoever might prejudice or any way hinder the credit of apocryphal books , hath caused the collector's pen so to run as it were on wheels , that the minde which should guide it , had no leisure to think , whether that which might haply serve to with-hold from giving them the authority which belongeth unto sacred scripture , and to cut them off from the canon , would as effectually serve to shut them altogether out of the church , and to withdraw from granting unto them that publick use , wherein they are only held as profitable for instruction . is it not acknowledged , that those books are holy , that they are ecclesiastical and sacred , that to term them divine , as being for their excellency next unto them which are properly so termed , is no way to honour them above desert ; yea , even that the whole church of christ , as well at the first as sithence hath most worthily approved their fitness for the publick informations of life and manners : is not thus much , i say , acknowledged , and that by them , who notwithstanding receive not the same for any part of canonical scripture , by them who deny not but that they are faulty , by them who are ready enough to give instances , wherein they seem to contain matter scarce agreeable with holy scripture ? so little doth such their supposed faultiness in moderate mens judgments inforce the removal of them out of the house of god , that still they are judged to retain worthily those very titles of commendation , than which , there cannot greater be given to writings , the authors whereof are men. as in truth , if the scripture it self , ascribing to the persons of men righteousness , in regard of their manifold vertues , may not rightly be construed , as though it did thereby clear them , and make them quite free from all faults , no reason we should judge it absurd to commend their writings as reverend , holy , and sound , wherein there are so many singular perfections , only for that the exquisite wits of some few peradventure are able dispersedly here and there to finde now a word and then a sentence , which may be more probably suspected than easily cleared of error by as which have but conjectural knowledge of their meaning . against immodest invectives therefore whereby they are charged as being fraught with a outragious lyes , we doubt not but their more allowable censure will prevail , who without so passionate terms of disgrace , do note a difference great enough between apocryphal and other writings , a difference such as b iosephus and epiphanius observe : the one declaring , that amongst the jews , books written after the days of artaxerxe , were not of equal credit with them which had gone before , in as much as the jews sithence that time had not the like exact succession of prophets ; the c other acknowledging that they are profitable , although denying them to be divine , in such construction and sense as the scripture it self is so termed . with what intent they were first published , those words of the nephew of jesus do plainly enough signifie , after that my grand-father , jesus , had given himself to the reading of the law and the prophets , and other books of our fathers , and had gotten therein sufficient judgment , he purposed also to write something pertaining to learning and wisdom , to the intent , that they which were desirous to learn , and would give themselves to these things , might profit much more in living according to the law. their end in writing , and ours in reading them , is the same . the books of iudith , toby , baruch , wisdome , and ecclesiasticus we read , as serving most unto that end . the rest we leave unto men in private . neither can it be reasonably thought , because upon certain solemn occasions , some lessons are chosen out of those books , and of scripture it self some chapters not appointed to be read at all , that we thereby do offer disgrace to the word of god , or lift up the writings of men above it . for in such choice we do not think , but that fitness of speech may be more respected than worthyness . if in that which we use to read , there happen by the way any clause , sentence , or speech that soundeth towards error ; should the mixture of a little dross constrain the church to deprive herself of so much gold , rather than learn how by art and judgment to make separation of the one from the other ? to this effect very fitly , from the counsel that st. ierem giveth lata , of taking heed how she read the apocrypha , as also by the help of other learned men's judgments delivered in like case , we may take direction . but surely , the arguments that should binde us not to read them , or any part of them publickly at all , must be stronger than as yet we have heard any . . we marvel the less that our reading of books not canonical , is so much impugned , when so little is attributed unto the reading of canonical scripture it self ; that now it hath grown to be a question , whether the word of god be any ordinary mean to save the souls of men , in that it is either privately studied , or publickly read , and so made known ; or else only as the same is preached , that is to say , explained by a lively voyce , and applyed to the people's use , as the speaker in his wisdom thinketh meet . for this alone is it which they use to call preaching . the publick reading of the apocrypha they condemn altogether , as a thing effectual unto evil ; the bare reading in like sort of whatsoever , yea even of scriptures themselves , they mislike , as a thing uneffectual to do that good , which we are perswaded may grow by it . our desire is in this present controversie , as in the rest , not to be carried up and down with the waves of uncertain arguments , but rather positively to lead on the mindes of the simpler sort by plain and easie degrees , till the very nature of the thing it self do make manifest what is truth . first therefore , because whatsoever is spoken concerning the efficacy or necessity of god's word , the same they tye and restrain only unto sermons , howbeit not sermons read neither ( for such they also abhor in the church ) but sermons without book , sermons which spend their life in their birth , and may have publick audience but once : for this cause , to avoid ambiguities , wherewith they often intangle themselves , not marking what doth agree to the word of god in it self , and what in regard of outward accidents which may befall it , we are to know that the word of god is his heavenly truth , touching matters of eternal life revealed and uttered unto men , unto prophets and apostles by immediate divine inspiration , from them to us by their books and writings . we therefore have no word of god but the scripture . apostolick sermons were , unto such as heard them , his word , even as properly as to us their writings are . howbeit not so our own sermons , the exposition which our discourse of wit doth gather and minister out of the word of god. for which cause , in this present question we are , when we name the word of god , always to mean the scripture only . the end of the word of god is to save , and therefore we term it the word of life . the way for all men to be saved , is by the knowledge of that truth which the word hath taught . and sith eternal life is a thing of it self communicable unto all , it behooved that the word of god , the necessary mean thereunto , be so likewise . wherefore the word of life hath been always a treasure , though precious , yet easie , as well to attain , as to finde ; lest any man desirous of life should perish through the difficulty of the way . to this and the word of god no otherwise serveth , than only in the nature of a doctrinal instrument . it saveth , because it maketh wise unto salvation . wherefore the ignorant it saveth not , they which live by the word , must know it . and being it self the instrument which god hath purposely framed , thereby to work the knowledge of salvation in the hearts of men , what cause is there wherefore it should not of it self be acknowledged a most apt and a likely mean , to leave an apprehension of things divine in our understanding , and in the minde an assent thereunto ? for touching the one , sith god , who knoweth and discloseth best the rich tresures of his own wisdom , hath , by delivering his word , made choice of the scriptures , as the most effectual means , whereby those treasures might be imparted unto the world , it followeth , that no man's understanding the scripture must needs be even of it self , intended as a full and perfect discovery , sufficient to imprint in us the lively character of all things necessarily required for the attainment of eternal life . and concerning our assent to the mysteries of heavenly truth , seeing that the word of god , for the author's sake , hath credit with all that confess it ( as we all do ) to be his word , every proposition of holy scripture , every sentence being to us a principle ; if the principles of all kindes of knowledge else have that vertue in themselves , whereby they are able to procure our assent unto such conclusions , as the industry of right discourse doth gather from them ; we have no reason to think the principles of that truth , which tendeth unto man's everlasting happiness , less forcible than any other , when we know , that , of all other , they are for their certainty the most infallible . but as every thing of price , so this doth require travel . we bring not the knowledge of god with us into the world. and the less our own opportunity or ability is that way , the more we need the help of other men's judgments , to be our direction herein . nor doth any man ever believe , into whom the doctrin of belief is not instilled by instruction , some way received at the first from others . wherein whatsoever fit means there are to notifie the mysteries of the word of god , whether publickly ( which we call preaching ) or in private , howsoever , the word by every such mean even ordinarily doth save , and not only by being delivered unto men in sermons . sermons are not the only preaching which doth save souls . for , concerning the use and sense of this word preaching , which they shut up in so close a prison , although more than enough have already been spoken , to redeem the liberty thereof ; yet because they insist so much , and so proudly insult thereon , we must a little inure their ears with hearing , how others whom they more regard , are in this case accustomed to use the self-same language with us , whose manner of speech they deride . ( a ) iustin martyr doubteth not to tell the grecians , that even in certain of their writings the very judgment to come is preached , not the ( b ) council of vaeus to insinuate , that presbyters , absent through infirmity from their churches , might be said to preach by those deputies , who in their stead did but read homilies ; nor the ( c ) council of toledo , to call the usual publick reading of the gospels in the church , preaching , nor ( d ) others , long before these our days to write , that by him who but readeth a lesson in the solemn assembly as part of divine service , the very office of preaching is so far-forth executed . such kind of speeches were then familiar , those phrases seemed not to them absurd , they would have marvelled to hear the ( e ) out-cryes which we do , because we think , that the apostles in writing , and others in reading to the church those books which the apostles wrote , are neither untruly nor unfitly said to preach . for although mens tongues and their pens differ , yet to one and the self-same general , if not particular effect , they may both serve . it is no good argument , st. paul could not write with his tongue , therefore neither could he preach with his pen. for preaching is a general end whereunto writing and speaking do both serve . men speak not with the instruments of writing , neither write with the instruments of speech ; and yet things recorded with the one , and uttered with the other , may be ( f ) preached well enough with both . by their patience therefore be it spoken , the apostles preached as well when they wrote as when they spake the gospel of christ ; and our usual publick reading of the word of god for the peoples instruction , is preaching . nor about words would we ever contend , were not their purpose in so restraining the same , injurious to god's most sacred word and spirit . it is on both sides confest , that the word of god outwardly administred ( his ( g ) spirit inwardly concurring therewith ) converteth , edifieth , and saveth souls . now whereas the external administration of his word is as well by reading barely the scripture , as by explaining the same when sermons thereon be made ; in the one , they deny that the finger of god hath ordinarily certain principal operations , which we most stedfastly hold and believe that it hath in both . . so worthy a part of divine service we should greatly wrong , if we did not esteem preaching as the blessed ordinance of god , sermons as keyes to the kingdom of heaven , as wings to the soul , as spurrs to the good affections of man , unto the sound and healthy as food , as physick unto diseased mindes . wherefore how higly soever it may please them with words of truth to extoll sermons , they shall not herein offend us . we seek not to derogate from any thing which they can justly esteem , but our desire is to uphold the just estimation of that , from which it seemeth unto us they derogate more than becometh them . that which offendeth us , is , first , the great disgrace which they offer unto our custom of bare reading the word of god , and to his gracious spirit , the principal vertue whereof thereby manifesting it self , for the endless good of mens souls , even the vertue which it hath to convert , to edifie , to save souls ; this they mightily strive to obscure : and , secondly , the shifts wherewith they maintain their opinion of sermons , whereunto , while they labour to appropriate the saving power of the holy ghost , they separate from all apparent hope of life and salvation , thousands whom the goodness of almighty god doth not exclude . touching therefore the use of scripture even in that it is openly read , and the inestimable good which the church of god , by that very mean , hath reaped ; there was , we may very well think , some cause which moved the apostle saint paul to require , that those things which any one churches affairs gave particular occasion to write , might , for the instruction of all , be published , and that by reading . . when the very having of the books of god was a matter of no small charge and difficulty , in as much as they could not be had otherwise than only in written copies , it was the necessity not of preaching things agreeable with the word , but of reading the word it self at large to the people , which caused churches throughout the world to have publick care , that the sacred oracles of god being procured by common charge , might with great sedulity be kept both intire and sincere . if then we admire the providence of god in the same continuance of scripture , notwithstanding the violent endeavours of infidels to abolish , and the fraudulence of hereticks always to deprave the same , shall we set light by that custom of reading , from whence so precious a benefit hath grown ? . the voyce and testimony of the church acknowledging scripture to be the law of the living god , is for the truth and certainty thereof no mean evidence . for if with reason we may presume upon things which a few mens depositions do testifie , suppose we that the mindes of men are not both at their first access to the school of christ exceedingly moved , yea and for ever afterwards also confirmed much , when they consider the main consent of all the churches in the whole world witnessing the sacred authority of scriptures , ever sithence the first publication thereof , even till this present day and hour ? and that they all have always so testified , i see not how we should possibly wish a proof more palpable , than this manifest received , and every where continued custom of reading them publickly as the scriptures . the reading therefore of the word of god , as the use hath ever been , in open audience , is the plainest evidence we have of the churches assent and acknowledgement that it is his word . . a further commodity this custom hath , which is , to furnish the very simplest and rudest sort with such infallible axioms and precepts of sacred truth , delivered even in the very letter of the law of god , as may serve them for rules whereby to judge the better all other doctrins and instructions which they hear . for which end and purpose , i see not how , the scripture could be possibly made familiar unto all , unless far more should be read in the peoples hearing , than by a sermon can be opened . for whereas in a manner the whole book of god is by reading every year published , a small part thereof , in comparison of the whole , may hold very well the readiest interpreter of scripture occupied many years . . besides , wherefore should any man think , but that reading it self is one of the ordinary means , whereby it pleaseth god of his gracious goodness to instill that celestial verity , which being but so received is nevertheless effectual to save souls ? thus much therefore we ascribe to the reading of the word of god as the manner is in our churches . and because it were odious , if they on their part should altogether despise the same , they yield that reading may set forward , but not begin the work of salvation ; that a faith may be nourished therewith , but not bred ; that b herein mens attention to the scriptures , and their speculation of the creatures of god have like efficacy , both being of power to augment , but neither to effect belief without sermons ; that if c any believe by reading alone , we are to account it a miracle ; an extraordinary work of god. wherein that which they grant , we gladly accept at their hands , and with that patiently they would examine how little cause they have to deny that which as yet they grant not . the scripture witnesseth , that when the book of the law of god had been sometime missing , and was after found ; the king , which heard it but only read , tare his cloaths , and with tears confessed , great is the wrath of the lord upon us , because our fathers have not● kept his word , to do after all things which are written in this book . this doth argue , that by bare reading ( for of sermons at that time there is no mention ) true repentance may be wrought in the hearts of such as fear god , and yet incurr his displeasure , the deserved effect whereof is eternal death . so that their repentance ( although it be not their first entrance ) is notwithstanding the first step of their re-entrance into life , and may be in them wrought by the word , only read unto them . besides , it seemeth that god would have no man stand in doubt , but that the reading of scripture is effectual , as well to lay even the first foundation , as to adde degrees of farther perfection in the fear of god ; and therefore the law saith , thou shalt read this law before all israel , that men , women , and children may hear , yea , even that their children , which as yet have not known it , may hear it , and by hearing it so read , may learn to fear the lord. our lord and saviour was himself of opinion , that they which would not be drawn to amendment of life by the testimony which moses and the prophets have given , concerning the miseries that follow sinners after death , were not likely to be perswaded by other means , although god from the very dead should have raised them up preachers . many hear the books of god , and believe them not . howbeit , their unbelief in that case we may not impute unto any weakness or insufficiency in the mean which is used towards them , but to the wilful bent of their obstinate hearts against it . with mindes obdurate nothing prevaileth . as well they that preach , as they that read unto such , shall still have cause to complain with the prophets which were of old , who will give credit unto our teaching ? but with whom ordinary means will prevail , surely the power of the world of god , even without the help of interpreters in god's church , worketh mightily , not unto their confirmation alone which are converted , but also to their conversion which are not . it shall not boot them who derogate from reading , to excuse it , when they see no other remedy , as if their intent were only to deny , that aliens and strangers from the family of god are won , or that belief doth use to be wrought at the first in them , without sermons . for they know it is our custom of simple reading , not for conversion of infidels estranged from the house of god , but for instruction of men baptised , bred and brought up in the bosom of the church , which they despise as a thing uneffectual to save such souls . in such they imagine that god hath no ordinary mean to work faith without sermons . the reason , why no man can attain belief by the bare contemplation of heaven and earth , is , for that they neither are sufficient to give us as much as the least spark of light concerning the very principal mysteries of our faith ; and whatsoever we may learn by them , the same we can only attain to know , according to the manner of natural sciences , which meer discourse of wit and reason findeth out ; whereas the things which we properly believe , be only such , as are received upon the credit of divine testimony . seeing therefore , that he which considereth the creatures of god , findeth therein both these defects , and neither the one nor the other in scriptures , because he that readeth unto us the scriptures , delivereth all the mysteries of faith , and not any thing amongst them all more than the mouth of the lord doth warrant : it followeth in those own respects , that our consideration of creatures , and attention unto scriptures are not in themselves , and without-sermons , things of like disability to breed or beget faith. small cause also there is , why any man should greatly wonder as at an extraordinary work , if , without sermons , reading be sound to effect thus much . for i would know by some special instance , what one article of christian faith , or what duty required unto all mens salvation there is , which the very reading of the word of god is not apt to notifie . effects are miraculous and strange , when they grow by unlikely means . but , did we ever hear it accounted for a wonder , that he which doth read , should believe and live according to the will of almighty god ? reading doth convey to the minde that truth , without addition or diminution , which scripture hath derived from the holy ghost . and the end of all scripture is the same which saint iohn proposeth in the writing of that most divine gospel , namely faith , and through faith salvation . yea , all scripture is to this effect in it self available , as they which wrote it were perswaded ; unless we suppose , that the evangelists , or others , in speaking of their own intent to instruct and to save by writing , had a secret conceit which they never opened to any , a conceit that no man in the world should ever be that way the better for any sentence by them written , till such time as the same might chance to be preached upon , or alledged at the least in a sermon . otherwise , if he which writeth , doth that which is forceable in it self , how should he which readeth , be thought to do that which in it self is of no force to work belief , and to save believers ? now , although we have very just cause to stand in some jealousie and fear , lest by thus overvaluing their sermons , they make the price and estimation of scripture , otherwise notified , to fall : nevertheless , so impatient they are , that being but requested to let us know what causes they leave for mens incouragement to attend to the reading of the scripture , if sermons only be the power of god to save every one which believeth ; that which we move for our better learning and instruction-sake , turneth unto anger and choler in them , they grow altogether out of quietness with it , they answer fumingly , that they are ashamed to defile their pens with making answer to such idle questions : yet in this their mood they cast forth somewhat , wherewith under pain of greater displeasure we must rest contented . they tell us , the profit of reading is singular , in that it serveth for a preparative unto sermons ; it helpeth prettily towards the nourishment of faith , which sermons have once ingendred ; it is some stay to his minde which readeth the scripture , when he findeth the same things there which are taught in sermons , and thereby perceiveth how god doth concurr in opinion with the preacher ; besides , it keepeth sermons in memory , and doth in that respect , although not feed the soul of man , yet help the retentive force of that stomack of the minde , which receiveth ghostly ●ood at the preachers hands . but the principal cause of writing the gospel was , that it might be preached upon or interpreted by publick ministers , apt and authorized thereunto . is it credible that a superstitious conceit ( for it is no better ) concerning sermons , should in such sort both darken their eyes , and yet sharpen their wits withall , that the only true and weightly cause why scripture was written , the cause which in scripture is so often mentioned , the cause which all men have ever till this present day acknowledged , this they should clean exclude , as being no cause at all , and load us with so great store of strange concealed causes , which did never see light till now ? in which number the rest must needs be of moment , when the very chiefest cause of committing the sacred word of god unto books , is surmised to have been , lest the preacher should want a text whereupon to scholie . men of learning hold it for a slip in judgement , when offer is made to demonstrate that as proper to one thing , which reason findeth common unto moe . whereas therefore they take from all kindes of teachings , that which they attribute to sermons , it had been their part to yield directly some strong reason , why between sermons alone and faith , there should be ordinarily that coherence which causes have with their usual effects , why a christian man's belief should so naturally grow from sermons , and not possibly from any other kinde of teaching . in belief there being but these two operations , apprehension and assent . do only sermons cause belief , in that no other way is able to explain the mysteries of god , that the minde may rightly apprehend or conceive them as behooveth ? we all know , that many things are believed , although they be intricate , obscure , and dark , although they exceed the reach and capacity of our wits , yea although in this world they be no way possible to be understood . many things believed are likewise so plain , that every common person may therein be unto himself a sufficient expounder . finally , to explain even those things which need and admit explication , many other usual ways there are besides sermons . therefore sermons are not the only ordinary means whereby we first come to apprehend the mysterys of god. is it in regard then of sermons only , that apprehending the gospel of christ we yield thereunto our unfeigned assent , as to a thing infallibly true : they which rightly consider after what sort the heart of man hereunto is framed , must of necessity acknowledge , that who so assenteth to the words of eternal life , doth it in regard of his authority whose words they are . this is in man's conversion unto god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the first step whereat his race towards heaven beginneth . unless therefore , clean contrary to our own experience , we shall think it a miracle if any man acknowledge the divine authority of the scripture , till some sermon have perswaded him thereunto , and that otherwise neither conversation in the bosome of the church , nor religious education , nor the reading of learned mens books , nor information received by conference , nor whatsoever pain and diligence in hearing , studying , meditating day and night on the law , is so far blest of god , as to work this effect in any man ; how would they have us to grant , that faith doth not come but only by heating sermons ? a fain they would have us to believe the apostle saint paul himself to be author of this their paradox , only because he hath said , that it pleaseth god by the b foolishness of preaching to save them which believe ; and again , c how shall they call on him in whom they have not believed ? how shall they believe in him of whom they have not heard ? how shall they hear without a preacher ? how shall men preach except they be sent ? to answer therefore both allegations at once ; the very substance of what they contain is in few but this . life and salvation god will have offered unto all ; his will is that gentiles should be saved as well as jews . salvation belongeth unto none but such as call upon the name of our lord iesus christ. which nations as yet unconverted neither do not possibly can do till they believe . what they are to believe , impossible it is they should know till they bear it . their hearing requireth our preaching unto them . d tertullian , to draw even painyms themselves unto christian belief , willeth the books of the old testament to be searched , which were at that time in ptolemics library . and if men did not lift to travel so far , though it were for their endless good , he addeth that in rome and other places the jews had synagogues , whereunto every one which would , might resort ; that this kinde of liberty they purchased by payment of a standing tribute ; that there they did openly e read the scriptures ; and whosoever will bear , ( saith tertullian ) he shall finde god ; whosoever will study to know , shall be also fain to believe . but sith there is no likelihood that ever voluntarily they will seek instruction at our hands , it remaineth that unless we will suffer them to perish , salvation it self must seek them , it behooveth god to send them preachers as he did his elect apostles throughout the world. there is a knowledge which god hath always revealed unto them in the works of nature . this they honour and esteem highly as profound wisdome ; howbeit this wisdome saveth them not . that which must save believers , is , the knowledge of the cross of christ , the only subject of all our preaching . and in their eyes what seemeth this but folly ? it pleaseth god by the foolishness of preaching to save . these words declare how admirable force those mysteries have , which the world do deride as follies ; they shew that the foolishness of the cross of christ is the wisdom of true believers ; they concern the object of our faith , the f matter preached of and believed in by christian men . this we know that the grecians or gentiles did account foolishness ; but that they did ever think it a fond or unlikely way to seek mens conversion by sermons , we have not heard . manifest therefore it is , that the apostle applying the name of foolishness in such sort as they did , must needs , by the foolishness of preaching , mean the doctrine of christ , which we learn that we may be saved , but that sermons are the only manner of teaching , whereby it pleaseth our lord to save , he could not mean. in like sort , where the same apostle proveth , that as well the sending of the apostles , as their preaching to the gentiles , was necessary , dare we affirm it was ever his meaning , that unto their salvation , who even from their tender infancy never knew any other faith or religion that only christian , no kinde of teaching can be available , saving that which was so needful for the first universal conversion of gentiles hating christianity ; neither the sending of any sort allowable in the one case , except only of such as had been in the other also most fit and worthy instruments ? belief in all sorts doth come by hearkning , and attending to the word of life . which word sometime proposeth and preacheth it self to the hearer ; sometime they deliver it , whom privately zeal and piety moveth to be instructors of others by conference ; sometime of them it is taught , whom the church hath called to the publick , either reading thereof , or interpreting . all these tend unto one effect , neither doth that which st. paul or other apostles teach , concerning the necessity of such teaching as theirs was , or of sending such as they were , for that purpose unto the gentiles , prejudice the efficacy of any other way of publick instruction , or inforce the utter disability of any other mens vocation thought requisite in this church for the saving of souls , where means more effectual are wanting . their only proper and direct proof of the thing in question had been to shew , in what sort , and how farr man's salvation doth necessarily depend upon the knowledge of the word of god ; what conditions , properties , and qualities there are , whereby sermons are distinguished from other kindes of administring the word unto that purpose ; and what special property or quality that is , which being no where found but in sermons , maketh them effectual to save souls , and leaveth all other doctrinal means besides destitute of vital efficacy . these pertinent instructions , whereby they might satisfie us , and obtain the cause it self for which they contend , these things which only would serve they leave , and ( which needeth not ) sometime they trouble themselves with fretting at the ignorance of such as withstand them in their opinion ; sometime they a fall upon their poor brethren which can but read , and against them they are bitterly eloquene . if we alledge what the scriptures themselves do usually speak for the saving force of the word of god , not with restraint to any one certain kinde of delivery , but howsoever the same shall chance to be made known , yet by one trick or other they always b restrain it unto sermons . our lord and saviour hath said , c search the scriptures , for in them ye think to have eternal life . but they tell us , he spake to the jews , which jews before had heard his sermons ; and that peradventure it was his minde they should search , not by reading , nor by hearing them read , but by attending , whensoever the scriptures should happen to be alledged in sermons . furthermore , having received apostolical doctrine , d the apostle saint paul hath taught us to esteem the same as the supream rule , whereby all other doctrines must for ever be examined . yea , but in as much as the apostle doth there speak of that he had preached , he flatly maketh ( as they strangely affirm ) his preachings or sermons the rule whereby to examine all . and then , i beseech you , what rule have we whereby to judge or examine any ? for , if sermons must be our rule , because the apostles sermons were so to their hearers ; then , sith we are not as they were , hearers of the apostles sermons , it resteth that either the sermons which we hear should be our rule , or ( that being absurd ) therewill ( which yet hath greater absurdity ) no rule at all be remaining for tryal , what doctrines now are corrupt , what consonant with heavenly truth . again , let the same apostle acknowledge all scripture profitable to teach , to improve , to correct , to instruct in righteousness ; still notwithstanding we erre , if hereby we presume to gather , that scripture read , will avail unto any one of all these uses ; they teach us the meaning of the words to be , that so much the scripture can do , if the minister that way apply it in his sermons , otherwise not . finally , they never hear sentence which mentioneth the word or scripture , but forthwith their glosses upon it are , the word preached , the scripture explained or delivered unto us in sermons . sermons they evermore understand to be that word of god , which alone hath vital operation ; the dangerous sequel of which construction i wish they did more attentively weigh . for , sith speech is the very image , whereby the minde and soul of the speaker conveyeth it self into the bolom of him which heareth , we cannot chuse but see great reason , wherefore the word that proceedeth from god , who is himself very truth and life , should be ( as the apostle to the hebrews noteth ) lively and mighty in operation , sharper than any two-edged sword. now , if in this and the like places we did conceive , that our own sermons are that strong and forcible word , should we not hereby impart even the most peculiar glory of the word of god , unto that which is not his word ? for , touching our sermons , that which giveth them their very being , is the wit of man , and therefore they oftentimes accordingly taste too much of that over-corrupt fountain from which they come . in our speech of most holy things , our most frail affections many times are bewrayed . wherefore when we read or recite the scripture , we then deliver to the people properly the word of god. as for our sermons , be they never so sound and perfect , his word they are not , as the sermons of the prophets were ; no , they are but ambiguously termed his word , because his word is commonly the subject whereof they treat , and must be the rule whereby they are framed . notwithstanding , by these , and the like shifts they derive unto sermons alone , whatsoever is generally spoken concerning the word . again , what seemeth to have been uttered concerning sermons , and their efficacy or necessity , in regard of divine matter , and must consequently be verified in sundry other kindes of teaching , if the matter be the same in all ; their use is to fasten every such speech unto that one only manner of teaching , which is by sermons , that still sermons may be all in all . a thus , because solomon declareth that the people decay or perish for want of knowledge , where b no prophecying at all is , they gather , that the hope of life and salvation is cut off , where preachers are not which prophecy by sermons , how many soever they be in number that read daily the word of god , and deliver , though in other sort , the self-same matter which sermons do . the people which have no way to come to the knowledge of god , no prophecying , no teaching , perish . but that they should of necessity perish , where any one way of knowledge lacketh , is more then the words of solomon import , c another usual point of their art in this present question , is to make very large and plentiful discourses , how christ is by sermons d lifted up higher , and made more e apparent to the eye of faith ; how the f savour of the word is more sweet being brayed , and more able to nourish being divided by preaching , then by only reading proposed ; how sermons are the keyes of the kingdom of heaven , and do open the scriptures , which being but read , remain in comparison still clasped ; how god g giveth richer increase of grace to the ground that is planted and watered by preaching , than by bare and simple reading . out of which premises declaring how attainment unto life is easier where sermons are , they conclude an h . impossibility thereof where sermons are not . alcidimas the sophister hath many arguments , to prove that voluntary and extemporal far excelleth premeditated speech . the like whereunto , and in part the same , are brought by them , who commend sermons , as having ( which all men , i think , will acknowledge ) sundry i peculiar and proper vertues , such as no other way of teaching besides hath . aptness to follow particular occasions presently growing , to put life into words by countenance , voyce and gesture , to prevail mightily in the sudden affections of men , this sermons may challenge . wherein notwithstanding so eminent properties whereof lessons are haply destitute , yet lessons being free from some inconveniences , whereunto sermons are more subject , they may in this respect no less take , then in other they must give the hand , which betokeneth preeminence . for there is nothing which is not some way excell'd , even by that which it doth excel . sermons therefore and lessons may each excell other in some respects , without any prejudice unto either , as touching that vital force which they both have in the work of our salvation . to which effect when we have endeavoured as much as in us doth lye , to finde out the strongest causes , wherefore they should imagine that reading is itself so unavailable ; the most we can learn at their hands , is , that sermons are the ordinance of god , the scriptures dark , and the labour of reading easie . first , therefore , as we know that god doth aide with his grace , and by his special providence evermore bless with happy success those things which himself appointeth ; so his church , we perswade our selves , he hath not in such sort given over to a reprobate sense , that whatsoever it deviseth for the good of the souls of men , the same he doth still accurse and make frustrate . or if he always did defeat the ordinances of his church , is not reading the ordinance of god ? wherefore then should we think that the force of his secret grace is accustomed to bless the labour of dividing his word , according unto each man's private discretion in publick sermons , and to withdraw it self from concurring with the publick delivery thereof by such selected portions of scriptures , as the whole church hath solemnly appointed to be read for the peoples good , either by ordinary course or otherwise , according to the exigence of special occasions ? reading ( saith a isidore ) is to the hearers no small edifying . to them whose b delight and meditation is in the law , seeing that happiness and bliss belongeth , it is not in us to deny them the benefit of heavenly grace . and i hope we may presume , that a rare thing it is not in the church of god , even for that very word which is read to be both presently their c joy , and afterwards their study that hear it . d s. augustin speaking of devout men , noteth , how they daily frequented the church , how attentive ear they gave unto the lessons and chapters read , how careful they were to remember the same , and to muse thereupon by themselves . e st. cyprian observeth . that reading was not without effect in the hearts of men . their joy and alacity was to him an argument , that there is in this ordinance a blessing , such as ordinarily doth accompany the administration of the word of life . it were much if there should be such a difference between the hearing of sermons preached , and of lessons read in the church , that he which presenteth himself at the one , and maketh his prayer with the prophet f david , teach me , o lord , the way of thy statutes , direct me in the path of thy commandments , might have the ground of usual experience wherupon to build his hope of prevailing with god , and obtaining the grace he seeketh , they contrariwise not so , who crave the like assistance of his spirit , when they give ear to the reading of the other . in this therefore preaching and reading are equal , that both are approved as his ordinances , both assisted with his grace . and if his grace do assist them both to the nourishment of faith already bred , we cannot , without some very manifest cause yielded , imagin that in breeding or begetting faith , his grace doth cleave to the one , and utterly forsake the other . touching hardness , which is the second pretended impediment , as against homilies , being plain and popular instructions , it is no bar , so neither doth it infringe the efficacy , no not of scriptures , although but read . the force of reading , how small soever they would have it , must of necessity be granted sufficient to notifie that which is plain or easie to be understood . and of things necessary to all mens salvation , we have been hitherto accustomed to hold ( especially sit hence the publishing of the gospel of jesus christ , whereby the simplest having now a key unto knowledge which the eunuch in the acts did want , our children may of themselves by reading understand that , which he without an interpreter could not ) they are in scripture plain and easie to be understood . as for those things which at the first are obscure and dark , when memory hath laid them up for a time , judgment afterwards growing explaineth them . scripture therefore is not so hard , but that the only reading thereof may give life unto willing hearers . the easie performance of which holy labour , is in like sort a very cold objection , to prejudice the vertue thereof . for what though an infidel ; yes , though a childe may be able to read ; there is no doubt , but the meanest and worst amongst the people under the law , had been as able as the priests themselves were to offer sacrifice . did this make sacrifice of no effect unto that purpose for which it was instituted ? in religion some duties are not commended so much by the hardness of their execution , as by the worthiness and dignity of that acceptation wherein they are held with god. we admire the goodness of god in nature , when we consider how he hath provided that things most needful to preserve this life , should be most prompt and easie for all living creatures to come by . is it not as evident a sign of his wonderful providence over us , when that food of eternal life , upon the utter want whereof our endless death and destruction necessarily ensueth , is prepared and always set in such a readiness , that those very means , than which nothing is more easie , may suffice to procure the same ? surely , if we perish , it is not the lack of scribes and learned expounders that can be out just excuse . the word which saveth our souls is near us , we need for knowledge but to read and live . the man which readeth the word of god , the word it self doth pronounce blessed , if he also observe the same . now all these things being well considered , it shall be no intricate matter for any man to judge with indifferency on which part the good of the church is most conveniently sought ; whether on ours , whose opinion is such as hath been shewed , or else on theirs , who leaving no ordinary way of salvation for them unto whom the word of god is but only read , do seldom name them but with great disdain and contempt who execute that service in the church of christ. by means whereof it hath come to pass , that churches , which cannot enjoy the benefit of usual preaching , are judged , as it were , even forsaken of god , forlorn , and without either hope or comfort : contrariwise , those places which every day for the most part are at sermons as the flowing sea , do both by their emptiness at times of reading , and by other apparent tokens shew , to the voice of the living god , this way sounding in the ears of men , a great deal less reverence then were meet . but if no other evil were known to grow thereby , who can chuse but think them cruel which doth hear them so boldly teach , that if god ( as to him there nothing impossible ) do haply save any such as continue where they have all other means of instruction , but are not taught by continual preaching , yet this is miraculous , and more than the fitness of so poor instruments can give any man cause to hope for ; that sacraments are not effectual to salvation , except men be instructed by preaching before they be made partakers of them ; yea , that both sacraments and prayers also , where sermons are not , do not only not feed , but are ordinarily to further condemnation ; what mans heart doth not rise at the mention of these things● it is true , that the weakness of our wits and the dulness of our affections do make us for the most part , even as our lords own disciples were for a certain time , hard and slow to believe what is written . for help whereof expositions and exhortations are needful , and that in the most effectual manner . the principal churches throughout the land , and no small part of the rest , being in this respect by the goodness of god so abundantly provided for , they which want the like furtherance unto knowledge , wherewith it were greatly to be desired that they also did abound , are yet , we hope , not left in so extream desticution , that justly any men should think the ordinary means of eternal life taken from them because their teaching is in publick for the most part but by reading . for which cause amongst whom there are not those helps that others have to set them forward in the way of life , such to dis-hearten with fearful sentences , as though their salvation could hardly be hoped for , is not in our understanding so consonant with christian charity . we hold it safer a great deal , and better to give them a incouragement ; to put them in minde , that it is not the deepness of their knowledge , but the b singleness of their belief which god accepteth ; that they which c hunger and thirst after righteousness , shall be satisfied ; that no d imbecillity of means can prejudice the truth of the promise of god herein ; that the weaker their helps are , the more their need is to sharpen the edge of their own e industry ; and that f painfulness by feeble meanes shall be able to gain that , which in the plenty of more forcible instruments is through sloth and negligence lost . as for the men , with whom we have thus fart taken pains to conferr , about the force of the word of god , either read by it self or opened in sermons ; their speeches concerning both the one and the other are in truth such , as might give us very just cause to think , that the reckoning is not great which they make of either . for howsoever they have been driven to devise some odde kinde of blinde uses , whereunto they may answer that reading doth serve , yet the reading of the word of god in publick more than their preachers bare text , who will not judge that they deem needless ? when if we chance at any time to term it necessary , as being a thing which god himself did institute amongst the jews for purposes that touch as well us as them , a thing which the apostles commend under the old , and ordain under the new testament ; a thing whereof the church of god hath ever sithence the first beginning reaped singular commodity ; a thing which without exceeding great detriment no church can omit , they only are the men that ever we heard of , by whom this hath been cross'd and gain-said ; they only the men which have given their peremptory sentence to the contrary : it is untrue , that simple reading is necessary in the church . and why untrue ? because , although it be very convenient which is used in some churches , where before preaching-time the church assembled hath the scriptures read in such order , that the whole canon thereof is oftentimes in one year run through : yet a number of churches which have no such order of simple reading , cannot be in this point charged with breach of gods commandement , which they might be if simple reading were necessary . a poor , a cold and an hungry cavil ! shall we therefore to please them change the word necessary , and say , that it hath been a commendable order , a custom very expedient , or an ordinance most profitable ( whereby they know right well that we mean exceedingly behoovful ) to read the word of god at large in the church , whether it be , as our manner is , or as theirs is whom they prefer before us ? it is not this that will content or satisfie their mindes . they have against it a marvellous deep and profound axiome , that two things to one and the same end cannot but very improperly be said most profitable . and therefore if preaching be most profitable to man's salvation , then is not reading ; if reading be , then preaching is not . are they resolved then at the leastwise , if preaching be the only ordinary mean whereby it pleaseth god to save our souls , what kinde of preaching it is which doth save ? understand they , how or in what respect there is that force or vertue in preaching ? we have reason wherefore to make these demands ; for that , although their pens run all upon preaching and sermons , yet when themselves do practise that whereof they write , they change their dialect , and those words they shun , as if there were in them some secret sting . it is not their phrase to say they preach , or to give to their own instructions and exhortations the name of sermons ; the pain they take themselves in this kinde is either opening or lecturing or reading , or exercising , but in no case preaching . a and in this present question , they also warily protest that what they ascribe to the vertue of preaching , they still mean it of good preaching : now one of them saith that a good sermon b must expound and apply a large portion of the text of scripture at one time . another giveth us to understand , that sound preaching c is not to do as one did at london , who spent most of his time in invectives against good men , and told his audience how the magistrate should have an eye to such as troubled the peace of the church . the d best of them hold it for no good preaching , when a man endeavoureth to make a glorious shew of eloquence and learning , rather than to apply himself to the capacity of the simple . but let them shape us out a good preacher by what pattern soever pleaseth them best , let them exclude and inclose whom they will with their definitions , we are not desirous to enter into any contention with them about this , or to abate the conceit they have of their own ways , so that when once we are agreed what sermons shall currently pass for good , we may at length understand from them , what that is in a good sermon which doth make it the word of life unto such as hear . if substance of matter , evidence of things , strength and validity of arguments and proofs , or if any other vertue else which words and sentences may contain ; of all this , what is there in the best sermons being uttered , which they lose by being read ? but they utterly deny that the reading either of scriptures , or homilies and sermons can ever by the ordinary grace of god save any soul. so that although we had all the sermons word for word which iames , paul , peter , and the rest of the apostles made , some one of which sermons was of power to convert thousands of the hearers unto christian faith ; yea , although we had all the instructions , exhortations , consolations which came from the gracious lips of our lord jesus christ himself , and should read them ten thousand times over , to faith and salvation no man could hereby hope to attain . whereupon it must of necessity follow , that the vigour and vital efficacy of sermons doth grow from certain accidents , which are not in them , but in their maker ; his vertue , his gesture , his countenance , his zeal , the motion of his body , and the inflexion of his voice , who first uttereth them as his own , is that which giveth them the form , the nature , the very essence of instruments available to eternal life . if they like neither that nor this , what remaineth but that their final conclusion be , sermons we know are the only ordinary means to salvation , but why or how we cannot tell ? wherefore to end this tedious controversie , wherein the too great importunity of our over-eager adversaries hath constrained us much longer to dwell , than the barrenness of so poor a cause could have seemed at the first likely either to require or to admit , if they which without partialities and passions are accustomed to weigh all things , and accordingly to give their sentence , shall here sit down to receive our audit , and to cast up the whole reckoning on both sides ; the sum which truth amounteth unto will appear to be but this , that as medicines provided of nature , and applyed by art for the benefit of bodily health , take effect sometime under and sometime above the natural proportion of their vertue , according as the minde and fancy of the patient doth more or less concurr with them : so , whether we barely read unto men the scriptures of god ; or by homilies concerning matter of belief and conversation seek to lay before them the duties which they owe unto god and man ; whether we deliver them books to read and consider of in private at their own best leasure , or call them to the hearing of sermons publickly in the house of god ; albeit every of these and the like unto these means do truly and daily effect that in the hearts of men for which they are each and all meant ; yet the operation which they have in common , being most sensible and most generally noted in one kinde above the rest , that one hath in some mens opinions drowned altogether the rest , and injuriously brought to pass that they have been thought not less effectual than the other , but without the other uneffectual to save souls . whereas the cause why sermons only are observed to prevail so much while all means else seem to sleep and do nothing , is in truth but that singular affection and attention which the people sheweth every where towards the one , and their cold disposition to the other ; the reason hereof being partly the art which our adversaries use for the credit of their sermons , to bring men out of conceit with all other teaching besides ; partly , a custom which men have to let those things carelesly pass by their ears which they have oftentimes heard before , or know they may hear again whenever it pleaseth themselves ; partly , the especial advantages which sermons naturally have to procure attention , both in that they come always new , and because by the hearer it is still presumed , that if they be let slip for the present , what good soever they contain , is lost , and that without all hope of recovery . this is the true cause of odds between sermons , and other kindes of wholesome instruction . as for the difference which hath been hitherto so much defended on the contrary side , making sermons the only ordinary means unto faith and eternal life , sith this hath neither evidence of truth ; nor proof sufficient to give it warrant , a cause of such quality may with fart better grace and conveniency aske that pardon which common humanity doth easily grant , than claim in challenging manner that assent which is as unwilling when reason guideth it to be yielded where it is not , as with-held where it is apparently due . all which notwithstanding , as we could greatly wish that the rigour of this their opinion were allayed and mittigated ; so , because we hold it the part of religious ingenuity to honour vertue in whomsoever , therefore it is our most hearty desire , and shall be always our prayer unto almighty god , that in the self-same fervent zeal wherewith they seem to effect the good of the souls of men ; and to thirst after nothing more than that all men might by all means be directed in the way of life , both they and we may constantly persist to the worlds end . for in this we are not their adversaries , though they in the other hitherto have been ours . . between the throne of god in heaven , and his church upon earth here militant , if it be so that angels have their continual intercourse , where should we finde the same more verified than in those two ghostly exercises , the one doctrine , the other prayer ? for what is the assembling of the church to learn , but the receiving of angels descended from above ? what to pray , but the sending of angels upwards ? his heavenly inspirations , and our holy desires are as so many angels of intercourse and commerce between god and us . as teaching bringeth us to know that god is our supream truth ; so prayer , testifieth that we acknowledge him our soveraign good. besides , sith on god , as the most high , all inferiour causes in the world are dependant ; and the higher any cause is , the more it coveteth to impart vertue unto things beneath it , how should any kinde of service we do or can do , finde greater acceptance than prayer , which sheweth our concurrence with him , in desiring that wherewith his very nature doth most delight ? is not the name of prayer usual to signifie even all the service that ever we do unto god ? and that for no other cause , as i suppose , but to shew that there is in religion no acceptable duty which devout invocation of the name of god doth not either presuppose or inferr . prayers are those a calves of mens lips ; those most gracious and sweet b odours ; those rich presents and gifts , which being c carried up into heaven , do best restifie our dutiful affection , and are , for the purchasing of all favour at the hands of god , the most undoubted means we can use . on others what more easily , and yet what more fruitfully bestowed than our prayers ? if we give counsel , they are the simpler onely that need it ; if almes , the poorer only are relieved ; but by prayer we do good to all . and whereas every other duty besides , is but to shew it self as time and opportunity require , for this all times are convenient : when we are not able to do any other things for mens behoof , when through maliciousness or unkindness they vouchsafe not to accept any other good at our hands , prayer is that which we always have in our power to bestow , and they never in theirs to refuse . wherefore god fotbid , saith samuel , speaking unto a most unthankful people , a people weary of the benefit of his most vertuous government over them , god forbid that i should sin against the lord , and cease to pray for you . it is the first thing wherewith a righteous life beginneth , and the last wherewith it doth end . the knowledge is small which we have on earth concerning things that are done in heaven . notwithstanding , thus much we know even of saints in heaven , that they pray . and therefore prayer being a work common to the church as well triumphant as militant , a work common unto men with angels , what should we think , but that so much of our lives is celestial and divine as we spend in the exercise of prayer ? for which cause we see that the most comfortable visitations , which god hath sent men from above , have taken especially the times of prayer as their most natural opportunities . . this holy and religious duty of service towards god concerneth us one way in that we are men , and another way in that we are joined as parts to that visible mystical body , which is his church . as men , we are at our own choice , both for time , and place , and form , according to the exigence of our own occasions in private : but the service , which we do as members of a publick body , is publick , and for that cause must needs be accompted by so much worthier than the other , as a whole society of such condition exceedeth the worth of any one . in which consideration unto christian assemblies , there are most special promises made . st. paul , though likely to prevail with god as much as any one , did notwithstanding think it much more , both for god's glory , and his own good , if prayers might be made and thanks yielded in his behalf by a number of men . the prince and people of niniveh , assembling themselves , as a main army of supplicants , it was not in the power of god to withstand them . i speak no otherwise concerning the force of publick prayer in the church of god , than before me tertullian hath done , we come by troops to the place of assembly , that being banded as it were together , we may be sapplicants enough to besiege god with , our prayers : these forces are unto him acceptable . when we publickly make our prayers , it cannot be but that we do it with much more comfort than in private , for that the things we aske publickly are approved as needful and good in the judgement of all , we hear them sought for and desired with common consent . again , thus much help and furtherance is more yielded , in that , if so be our zeal and devotion to god-ward be slack , the alacrity and fervour of others serveth as a present spurt . for even prayer it self ( saith saint basil ) when it hath not the consort of many voyces to strengthen it , is not it self . finally , the good which we do by publick prayer , is more than in private can be done , for that besides the benefit which is here , is no less procured to our selves , the whole church is much bettered by our good example ; and consequently whereas secret neglect of our duty in this kinde is but only our own hurt , one man's contempt of the common prayer of the church of god may be and oftentimes is most hurtful unto many . in which considerations the prophet david so often voweth unto god the sacrifice of prayse and thanksgiving in the congregation , so earnestlie exhorteth others to sing praises unto the lord in his courts , in his sanctuary , before the memorial of his holiness ; and so much complaineth of his own uncomfortable exile , wherein although he sustained many most grievous indignities , and indured the want of sundry both pleasures and honours before injoyed ; yet as if this one were his only grief , and the rest not felt , his speeches are all of the heavenly benefit of publick assemblies , and the happiness of such as had free access thereunto . . a great part of the cause , wherefore religious mindes are so inflamed with the love of publick devotion , is that vertue , force and efficacy , which by experience they finde that the very form and reverend solemnity of common prayer duly ordered hath , to help that imbecillity and weakness in us , by means whereof we are otherwise of our selves the less apt to perform unto god so heavenly a service , with such affection of heart , and disposition in the powers of our souls as is requisite . to this end therefore all things hereunto appertaining , have been ever thought convenient to be done with the most solemnity and majesty that the wisest could devise . it is not with publick as with private prayer . in this , rather secresie is commanded than outward shew , whereas that being the publick act of a whole society , requireth accordingly more care to be had of external appearance . the very assembling of men therefore unto this service hath been ever solemn . and concerning the place of assembly , although it serve for other uses as well as this , yet seeing that our lord himself hath to this , as to the chiefest of all other , plainly sanctified his own temple , by entituling it the house of prayer , what preeminence of dignity soever hath been either by the ordinance , or through the special favour and providence of god annexed unto his sanctuary , the principal cause thereof must needs be in regard of common prayer . for the honour and furtherance whereof , if it be as the gravest of the antient fathers seriously were perswaded , and do oftentimes plainly teach , affirming that the house of prayer is a court , beautified with the presence of celestial powers , that there we stand , we pray , we sound forth hymnes unto god , having his angels intermingled as our associates ; and that with reference hereunto the apostle doth require so great care to be had of decency for the angels sake ; how can we come to the house of prayer , and not be moved with the very glory of the place it self , so to frame our affections praying , as doth best beseem them , whose suits the almighty doth there sit to hear , and his angels attend to further ; when this was ingrafted in the mindes of men , there needed no penal statutes to draw them unto publick prayer . the warning sound was no sooner heard , but the churches were presently filled , the pavements covered with bodies prostrate , and washt with their tears of devout joy . and as the place of publick prayer is a circumstance in the outward form thereof , which hath moment to help devotion ; so the person much more with whom the people of god do joyn themselves in this action , as with him that standeth and speaketh in the presence of god for them . the authority of his place , the fervour of his zeal , the piety and gravity of his whole behaviour , must needs exceedingly both grace and set forward the service he doth . the authority of his calling is a furtherance , because if god have so farr received him into favour , as to impose upon him by the hands of men that office of blessing the people in his name , and making intercession to him in theirs ; which office he hath sanctified with his own most gracious promise , and ratified that promise by manifest actual performance thereof , when others before in like place have done the same , is not his very ordination a seal , as it were to us , that the self-same divine love which hath chosen the instrument to work with , will by that instrument effect the thing whereto he ordained it , in blessing his people , and accepting the prayers which his servant offereth up unto god for them ? it was in this respect a comfortable title which the antients used to give unto god's ministers , terming them usually god's most beloved , which were ordained to procure by their prayers his love and favour towards all . again , if there be not zeal and fervency in him which proposeth for the rest those sutes and supplications , which they by their joyful acclamations must ratifie ; if he praise not god with all his might , if he pour not out his soul in prayer ; if he take not their causes to heart , and speak not as moses , daniel , and ezra , did for their people ; how should there be but in them frozen coldness , when his affections seem benummed from whom theirs should take fire ? vertue and godliness of life are required at the hands of the minister of god , not only in that he is to teach and instruct the people , who for the most part are rather led away by the ill example , then directed aright by the wholesom instruction of them , whose life swarveth from the rule of their own doctrine ; but also much more in regard of this other part of his function ; whether we respect the weakness of the people , apt to loathe and abhorr the sanctuary , when they which perform the service thereof are such as the sonnes of heli were ; or else consider the inclination of god himself , who requireth the lifting up of pure hands in prayers , and hath given the world plainly to understand , that the wicked , although they cry , shall not be heard . they are not fit supplicants to seek his mercy on the behalf of others , whose own un-repented sins provoke his just indignation . let thy priests therefore , o lord , be evermore cloathed with righteousness , that thy saints may thereby with more devotion rejoice and sing . but of all helps for due performance of this service , the greatest is that very set and standing order it self , which , framed with common advice , hath both for matter and form prescribed whatsoever is herein publickly done . no doubt , from god it hath proceeded , and by us it must be acknowledged a work of singular care and providence , that the church hath evermore held a prescript form of common prayer , although not in all things every where the same , yet for the most part retaining still the same analogy . so that if the liturgies of all antient churches throughout the world be compared amongst themselves , it may be easily perceived they had all one original mold , and that the publick prayer of the people of god in churches throughly settled , did never use to be voluntary dictates , proceeding from any man's extemporal wit. to him which considereth the grievous and scandalous inconveniencies , whereunto they make themselves daily subject , with whom any blinde and secret corner is judged a fit house of common prayer ; the manifold confusions which they fall into , where every man 's private spirit and gift ( as they term it ) is the only bishop that ordaineth him to this ministry ; the irksome deformities whereby through endless and senseless effusions of indigested prayers , they oftentimes disgrace in most unsufferable manner , the worthiest part of christian duty towards god , who herein are subject to no certain order , but pray both what and how they list ; to him , i say , which weigheth duly all these things , the reasons cannot be obscure , why god doth in publick prayer so much respect the solemnitie of places where , the authority and calling of persons by whom , and the precise appointment even with what words or sentences his name should be called on amongst his people . . no man hath hitherto been so impious , as plainly and directly to condemn prayer . the best stratagem that satan hath , who knoweth his kingdom to be no one way more shaken , than by the publick devout prayers of god's church , is by traducing the form and manner of them , to bring them into contempt , and so to shake the force of all men's devotion towards them . from this , and from no other forge , hath proceeded a strange conceit , that to serve god with any set form of common prayer , is superstitious . as though god himself did not frame to his priests the very speech , wherewith they were charged to bless the people ; or as if our lord , even of purpose to prevent this fancy of extemporal and voluntary prayers , had not left us of his own framing one , which might both remain as a part of the church-liturgy , and serve as a pattern whereby to frame all other prayers with efficacy , yet without superfluity of words . if prayers were no otherwise accepted of god , then being conceived always new , according to the exigence of present occasions ; if it be right to judge him by our own bellies , and to imagine that he doth loath to have the self-same supplications often iterated , even as we do to be every day fed without alteration or change of diet ; if prayers he actions which ought to waste away themselves in the making ; if being made to remain that they may be resumed and used again as prayers , they be but instruments of superstition ; surely , we cannot excuse moses , who gave such occasion of scandal to the world , by not being contented to praise the name of almighty god , according to the usual naked simplicity of god's spirit , for that admirable victory given them against pharaoh , unless so dangerous a president were lest for the casting of prayers into certain poetical moulds , and for the framing of prayers which might be repeated often , although they never had again the same occasions which brought them forth at the first . for that very hymne of moses grew afterwards to be a part of the ordinary jewish liturgy ; not only that , but sundry other sithence invented . their books of common-prayer contained partly hymns taken out of thē holy scripture , partly benedictions , thanksgivings , supplications , penned by such as have been , from time to time , the governours of that synagogue . these they sorted into their several times and places , some to begin the service of god with , and some to end , some to go before , and some to follow , and some to be interlaced between the divine readings of the law and prophets . unto their custom of finishing the passeover with certain psalmes , there is not any thing more probable , then that the holy evangelist doth evidently allude , saying , that after the cup delivered by our saviour unto his apostles , a they sung , and went forth to the mount of olives . as the jews had their songs of moses , and david , and the rest ; so the church of christ from the very beginning hath both used the same , and besides them other also of like nature , the song of the virgin mary , the song of zachary , the song of simeon , such hymnes as the apostle doth often speak of , saying , i will pray and sing with the spirit . again , in psalms , hymnes , and songs , making melody unto the lord , and that heartily . hymnes and psalms are such kindes of prayer as are not wont to be conceived upon a sudden ; but are framed by meditation before hand , or else by prophetical illumination are inspired , as at that time it appeareth they were , when god by extraordinary gifts of the spirit , inabled men to all parts of service necessary for the edifying of his church . . now , albeit the admonitioners did seem at the first to allow no prescript form of prayer at all , but thought it the best that their minister should always be left at liberty to pray , as his own discretion did serve , yet because this opinion upon better advice they afterwards retracted , their defender and his associates have sithence proposed to the world a form , such as themselves like , and , to shew their dislike of ours , have taken against it those exceptions , which , whosoever doth measure by number , must needs be greatly out of love with a thing that hath so many faults ; whosoever by weight , cannot chuse but esteem very highly of that , wherein the wit of so scrupulous adversaries hath not hitherto observed any defect which themselves can seriously think to be of moment . gross errours and manifest impiety they grant we have taken away . yet a many things in it they say are amiss ; many instances they give of things in our common prayer , not agreeable as they pretend with the word of god. it hath in their eye too great affinity with the form of the church of rome ; it differeth too much from that which churches elsewhere reformed allow and observe ; our attire disgraceth it ; it is not orderly read nor gestured as beseemeth ; it requireth nothing to be done , which a childe may not lawfully do ; it hath a number of short cutts or shreddings , which may be better called wishes than prayers ; it intermingleth prayings and readings in such manner , as , if supplicants should use in proposing their sutes unto mortal princes , all the world would judge them madd ; it is too long , and by that mean abridgeth preaching ; it appointeth the people to say after the minister ; it spendeth time in singing and in reading the psalms by course , from side to side ; it useth the lord's prayer too oft , the songs of magnificat , benedictus , and nune dimittis , it might very well spare ; it hath the letany , the creed of athanasius , and gloria patri , which are superfluous ; it craveth earthly things too much ; for deliverance from those evils against which we pray , it giveth no thanks ; some things it asketh unseasonably , when they need not to be prayed for , as deliverance from thunder and tempest , when no danger is nigh ; some in too abject and diffident manner , as that god would give us that which we for our unworthiness dare not ask ; some which ought not to be desired , as the deliverance from sudden death , riddance from all adversity , and the extent of saving mercy towards all men . these and such like are the imperfections , whereby our form of common prayer is thought to swerve from the word of god. a great favourer of that part , but yet ( his errour that way excepted ) a learned , painful , a right vertuous and good man , did not fear sometime to undertake , against popish detractors , the general maintenance and defence of our whole church-service , as having in it nothing repugnant to the word of god. and even they which would file away most the largeness of that offer , do notwithstanding in more sparing terms acknowledge little less . for when those opposite judgements which never are wont to construe things doubtful to the better , those very tongues which are always prone to aggravate whatsoever hath but the least shew whereby it may be suspected to savour of , or to sound towards any evil , do by their own voluntary sentence clearly free us from gross errours , and from manifest impiety herein ; who would not judge us to be discharged of all blame , which are confest to have no great fault , even by their very word and testimony , in whose eyes no fault of ours hath ever hitherto been accustomed to seem small ? nevertheless , what they seem to offer us with the one hand , the same with the other they pull back again . they grant we erre not in palpable manner , weare not openly and notoriously impious ; yet errors we have , which the sharp insight of their wisest men do espy ; there is hidden impiety , which the profounder sort are able enough to disclose . their skilful ears perceive certain harsh and unpleasant discords in the sound of our common prayer , such as the rules of divine harmony , such as the laws of god cannot bear . . touching our conformity with the church of rome , as also of the difference between some reformed churches and ours , that which generally hath been already answered , may serve for answer to that exception , which in these two respects they take particularly against the form of our common prayer . to say , that in nothing they may be followed , which are of the church of rome , were violent and extream . some things they do , in that they are men , in that they are wise men , and christian men some things , some things in that they are men misled and blinded with errour . as farr as they follow reason and truth , we fear not to tread the self-same steps wherein they have gone , and to be their followers . where rome keepeth that which is antienter and better ; others whom we much more affect leaving it for newer , and changing it for worse ; we had rather follow the perfections of them whom we like not , than in defects resemble them whom we love . for although they profess they agree with us touching a prescript form of prayer to be used in the church ; yet in that very form which they say , is agreeable to gods word , and the use of reformed churches , they have by special protestation declared , that their meaning is not , it shall be prescribed as a thing whereunto they will tye their minister . it shall not ( they say ) be necessary for the minister daily to repeat all these things before mentioned , but beginning with some like confession , to proceed to the sermon ; which ended , he either useth the prayer for all states before mentioned , or else prayeth as the spirit of god shall move his heart . herein therefore we hold it much better , with the church of rome , to appoint a prescript form which every man shall be bound to observe , then with them to set down a kinde of direction , a form for men to use if they list , or otherwise to change as pleaseth themselves . furthermore , the church of rome hath rightly also considered , that publick prayer is a duty intire in it self , a duty requisite to be performed , much oftner than sermons can possibly be made . for which cause , as they , so we have likewise a publick form how to serve god both morning and evening , whether sermons may be had or no. on the contrary side , their form of reformed prayer sheweth only what shall be done upon the dayes appointed for the preaching of the word ; with what words the minister shall begin , when the hour appointed for sermon is come ; what shall be said or sung before sermon , and what after . so that according to this form of theirs , it must stand for a rule , no sermon , no service . which over-sight , occasioned the french spitefully to term religion that sort exercised , a meer preach . sundry other more particular defects there are , which i willingly forbear to rehearse ; in consideration whereof , we cannot be induced to prefert their reformed form of prayer before our own , what church soever we resemble therein . . the attire which the minister of god is by order to use at times of divine service , being but a matter of meer formality , yet such as for comeliness sake hath hitherto been judged by the wiser sort of men not unnecessary to concurr with other sensible notes , betokening the different kinde or quality of persons and actions whereto it is tyed ; as we think not ourselves the holier , because we use it , so neither should they with whom no such thing is in use , think us therefore unholy , because we submit our selves unto that , which in a matter so indifferent the wisdom of authority and law have thought comely . to solemn actions of royalty and justice , their suitable ornaments are a beauty . are they only in religion a stain ? divine religion , saith saint ierom ( he speaketh of the priestly attire of the law ) hath one kinde of habite wherein to minister before the lord , another for ordinary uses belonging unto common life . pelagius having carped at the curious neatness of men's apparel in those days , and through the sowreness of his disposition spoken somewhat too hardly thereof , affirming , that the glory of cloaths and ornaments was a thing contrary to god and godliness ; s. ierom , whose custom is not to pardon over-easily his adversaries , if any where they chance to trip , presseth him as thereby making all sorts of men in the world god's enemies . is it enmity with god ( saith he ) if i wear my coat somewhat handsome ? if a bishop , a priest , deacon , and the rest of the ecclesiastical order come to administer the usual sacrifice in a white garment , are they hereby god's adversaries ; clarks , monks , widows , virgins , take beed , it is dangerous for you to be otherwise seen than in soul and ragged cloaths . not to speak any thing of secular men , which have proclaimed to have war with god as oft as ever they put on precious and shining cloathes . by which words of ierome , we may take it at the least for a probable collection , that his meaning was to draw pelagius into hatred , as condemning by so general a speech even the neatness of that very garment it self , wherein the clergy did then use to administer publickly the holy sacrament of christ's most blessed body and blood ; for that they did then use some such ornament , the words of chrysostome give plain testimony , who speaking to the clergy of antioch , telleth them that if they did suffer notorious male●actors to come to the table of our lord , and not put them by , it would be as heavily revenged upon them , as if themselves had shed his blood , that for this purpose god had called them to the rooms which they held in the church of christ ; that this they should reckon was their dignity , this their safety , this their whole crown and glory ; and therefore this they should carefully intend , and not when the sacrament is administred , imagine themselves called only to walk up and down in a white and shining garment . now , whereas these speeches of ierome and chrysostom do seem plainly to allude unto such ministerial garments as were then in use ; to this they answer , that by ierom nothing can be gathered , but only that the ministers came to church in handsome holy-day apparel , and that himself did not think them bound by the law of god no go like slovens ; but the weed which we mean he defendeth not . that chrysostome meaneth the same which we defend , but seemeth rather to reprehend than allow it as we do . which answer wringeth out of ierome and chrysostome that which their words will not gladly yield . they both speak of the same persons , namely , the clergy ; and of their weed at the same time when they administer the blessed sacrament ; and of the self-same kinde of weed , a white garment , so far as we have wit to conceive ; and for any thing we are able to see , their manner of speech is not such as doth argue either the thing it self to be different whereof they speak , or their judgment concerning it different ; although the one do only maintain it against pelagius , as a thing not therefore unlawful , because it was fair or handsom , and the other make it a matter of small commendation in it self , if they which wear it , do nothing else but weare the robes which their place requireth . the honesty , dignity , and estimation of white apparel in the eastern part of the world , is a token of greater fitness for this sacred use , wherein it were not convenient that any thing basely thought of should be suffered . notwithstanding , i am not bent to stand stiffely upon these probabilities , that in ierom's and chrysostom's time any such attire was made several to this purpose . yet surely the words of solomon are very impertinent to prove it an ornament , therefore not several for the ministers to execute their ministry in , because men of credit and estimation wore their ordinary apparel white . for we know that when solomon wrote those words , the several apparel for the ministers of the law , to execute their ministry in , was such . the wise man which seared god from his heart , and honoured the service that was done unto him , could not mention so much as the garment of holiness , but with effectual signification of most singular reverence and love . were it not better that the love which men bear to god , should make the least things which are imployed in his service amiable , than that their over-scrupulous dislike of so mean a thing as a vestment , should from the very service of god with-draw their hearts and affections ? i term it rather a mean thing , a thing not much to be respected , because even they so account now of it , whose first disputations against it were such , as if religion had scarcely any thing of greater waight . their allegations were then , that if a man were assured to gain a thousand by doing that which may offend any one brother , or be unto him a cause of falling , he ought not to do it ; that this popish apparel , the surplice especially , hath been by papists abominably abused , that it hath been a mark and a very sacrament of abomination ; that remaining , it serveth as a monument of idolatry , and not only edifieth not , but , as a dangerous and scandalous ceremony doth exceeding much harm to them of whose good we are commanded to have regard , that it causeth men to perish , and make shipwrack of conscience , for so themselves profess they mean , when they say the weak are offended herewith ; that it hardneth papists , hindreth the weak from profiting in the knowledge of the gospel , grieveth godly mindes , and giveth them occasion to think hardly of their ministers ; that if the magistrates may command , or the church appoint rites and ceremonies , yet seeing our abstinence from things in their own nature indifferent , if the weak brother should be offended , is a flat commandement of the holy ghost , which no authority either of church or common-wealth can make void ; therefore neither may the one nor the other lawfully ordain this ceremony , which hath great incommodity and no profit , great offence and no edifying ; that by the law it should have been burnt and consumed with fire as a thing infected with leprosie ; that the example of ezekiah beating to powder the brazen serpent , and of paul abrogating those abused feasts of charity , inforceth upon us the duty of abolishing altogether a thing which hath been , and is so offensive ; finally , that god by his prophet hath given an express commandement , which in this case toucheth us , no less than of old it did the jews , ' ye shall pollute the covering of the images of silver , and the rich ornament of your images of gold , and cast them away as a stained ragg ; thou shalt say unto it , get thee hence . these , and such like , were their first discourses , touching that church-attire , which with us for the most part is usual in publick prayer ; our ecclesiastical laws so appointing , as well because it hath been of reasonable continuance , and by special choice was taken out of the number of those holy garments , which ( over and besides their mystical reference ) served for a comeliness b under the law , and is in the number of those ceremonies , which may with choice and discretion be used to that purpose in the church of christ ; as also for that it suiteth so fitly with that lightsom affection of c joy , wherein god delighteth when his saints praise him ; and so lively resembleth the glory of the saints in heaven , together with the beauty wherein angels have appeared unto men , that they which are to appear for men in the presence of god , as angels , if they were left to their own choice , and would chuse any , could not easily devise a garment of more decency for such a service . as for those fore-rehearsed vehement allegations against it , shall we give them credit , when the very authors from whom they came , confess they believe not their own sayings ? for when once they began to perceive how many , both of them in the two universities , and of others , who abroad having ecclesiastical charge , do favour mightily their cause , and by all means set it forward , might by persisting in the extremity of that opinion , hazard greatly their own estates , and so weaken that part which their places do now give them much opportunity to strengthen ; they asked counsel , as it seemed from some abroad , who wisely considered , that the body is of far more worth than the rayment . whereupon , for fear of dangerous inconveniences , it hath been thought good to adde , that sometimes authority must and may with good conscience be obeyed even where commandment is not given upon good ground ; that the duty of preaching is one of the absolute commandements of god , and therefore ought not to be forsaken ; for the bare inconveniency of a thing which in the own nature is indifferent ; that one of the foulest spots is the surplice , is the offence which is giveth in occasioning the weak to fall , and the wicked to be confirmed in their wickedness ; yet hereby there is no unlawfulness proved , but only an inconveniency , that such things should be established , howbeit no such inconveniency neither , as may not be born with ; that when god doth flatly command us to abstain from things is their own nature indifferent ; if they offend our weak brethren , his meaning is not we should obey his commandement herein , unless we may do it , and not leave undone that which the lord hath absolutely commanded . always provided , that whosoever will enjoy the benefit of this dispensation , to wear a scandalous badge of idolatry , rather than forsake his pastoral charge , do ( as occasion serveth ) teach nevertheless still the incommodity of the thing it self , admonish the weak brethren that they be not , and pray unto god so to strengthen them that they may not be offended thereat . so that whereas before , they which had authority to institute rites and ceremonies , were denyed to have power to institute this , it is now confest , that this they may also lawfully , but not so conveniently appoint ; they did well before , and as they ought , who had it in utter detestation and hatred as a thing abominable ; they now do well , which think it may be both born and used with a very good conscience ; before , he which by wearing it were sure to win thousands unto christ , ought not to do it if there were but one which might be offended ; now , though it be with the offence of thousands , yet it may be done rather than that should be given over , whereby notwithstanding we are not certain we shall gain one ; the examples of ezechias and of paul , the charge which was given to the jews by esay , the strict apostolical prohibition of things indifferent , whensoever they may be scandalous , were before so forcible laws against our ecclesiastical attire , as neither church nor common-wealth could possibly make void , which now one of far less authority than either , hath found how to frustrate by dispensing with the breach of inferiour commandments , to the end that the greater may be kept . but it booteth them not , thus to soder up a broken cause , whereof their first and last discourses will fall asunder , do what they can . let them ingenuously confess that their invectives were too bitter , their arguments too weak , the matter not so dangerous as they did imagin . if those alleged testimonies of scripture did indeed concern the matter , to such effect as was pretended , that which they should inferr were unlawfulness , because they were cited as prohibitions of that thing which indeed they concern . if they prove not our attire unlawful , because in truth they concern it not , it followeth that they prove not any thing against it , and consequently , not so much as uncomeliness or incoveniency . unless therefore they be able throughly to resolve themselves , that there is no one sentence in all the scriptures of god , which doth controul the wearing of it in such manner , and to such purpose , as the church of england alloweth ; unless they can fully rest and settle their mindes in this most sound perswasion , that they are not to make themselves the only competent judges of decency in these cases , and to despise the solemn judgement of the whole church , preferring before it their own conceit , grounded only upon uncertain suspicions and fears , whereof if there were at the first some probable cause , when things were but raw and tender , yet now very tract of time hath it self worn that out also ; unless , i say , thus resolved in minde they hold their pastoral charge with the comfort of a good conscience , no way grudging at that which they do , or doing that which they think themselves bound of duty to reprove , how should it possibly help or further them in their course , to take such occasions as they say are requisite to be taken , and in pensive manner to tell their audience ; brethren , our hearts desire is , that we might enjoy the full liberty of the gospel , as in other reformed churches they do elsewhere , upon whom the heavy hand of authority hath imposed no grievous burthen . but such is the misery of these our days , that so great happiness we cannot look to attain unto . were it so , that the equity of the law of moses could prevail , or the zeal of ezechias be found in the hearts of those guides and governours under whom we live ; or the voyce of god's own prophets be duly heard ; or the examples of the apostles of christ be followed ; yea , or their precepts be answered with full and perfect obedience : these abominable raggs , polluted garments , marks and sacraments of idolatry , which power , as you see , constraineth us to wear , and conscience to abhor , had long ere this day been removed both out of sight and out of memory . but , as now things stand , behold to what narrow streights we are driven ; on the one side , we fear the words of our saviour christ , woe be to them by whom scandal and offence cometh : on the other side , at the apostles speech we cannot but quake and tremble , if i preach not the gospel , woe be unto me . being thus hardly beset , we see not any other remedy , but to hazzard your souls the one way , that we may the other way endeavour to save them . touching the the offence of the weak therefore , we must adventure it . if they perish , they perish . our pastoral charge is god's most absolute commandment . rather than that shall be taken from us , we are resolved to take this filth , and to put it on , although we judge it to be so unfit and inconvenient , that as oft as ever we pray or preach so arrayed before you , we do as much as in us lyeth , to cast away your souls that are weak-minded , and to bring you unto endless perdition . but we beseech you , brethren , have a care of your own safety , take heed to your steps , that ye be not taken in those snares which we lay before you . and our prayer in your behalf to almighty god is , that the poyson which we offer you , may never have the power to do you harm . advice and counsel is best sought for at their hands , which either have no part at all in the cause whereof they instruct ; or else are so farr ingaged , that themselves are to bear the greatest adventure in the success of their own counsels . the one of which two considerations maketh men the less respective , and the other the more circumspect . those good and learned men which gave the first direction to this course , had reason to wish that their own proceedings at home might be favoured abroad also , and that the good affection of such as inclined towards them might be kept alive . but if themselves had gone under those sails which they require to be hoised up , if they had been themselves to execute their own theory in this church , i doubt not but castly they would have seen , being nearer at hand , that the way was not good which they took of advising men , first , to wear the apparel , that thereby they might be free to continue their preaching , and then , of requiring them so to preach as they might be sure they could not continue , except they imagine that laws which permit them not to do as they would , will endure them to speak as they list , even against that which themselves do by constraint of laws ; they would have easily seen that our people being accustomed to think evermore that thing evil which is publickly under any pretence reproved , and the men themselves worse which reprove it , and use it too ; it should be to little purpose for them to salve the wound , by making protestations in disgrace of their own actions , with plain acknowledgement that they are scandalous , or by using fair intreaty with the weak brethren , they would easily have seen how with us it cannot be endured , to hear a man openly profess that he putteth fire to his neighbors house , but yet so halloweth the same with prayer , that he hopeth it shall not burn . it had been therefore perhaps safer and better for ours to have observed s. basils advice , both in this and in all things of like nature : let him which approveth not his governours ordinances , either plainly ( but privately always ) shew his dislike of he have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , strong and invincible reason against them , according to the true will and meaning of scripture ; or else let him quietly with silence do what is enjoyned . obedience with profest unwillingness to obey , is no better than manifest disobedience . . having thus disputed , whether the surplice be a fit garment to be used in the service of god , the next question whereinto we are drawn , is , whether it be a thing allowable or no , that the minister should say service in the chancel , or ruin his face at any time from the people , or before service ended remove from the place where it was begun ? by them which trouble us with these doubts , we would more willingly be resolved of a greater doubt ; whether it be not a kinde of taking god's name in vain , to debase religion with such frivolous disputes , a sin to bestow time and labour about them ? things of so mean regard and quality , although necessary to be ordered , are notwithstanding very unsavory when they come to be disputed of ; because disputation presupposeth some difficulty in the matter which is argued , whereas in things of this nature they must be either very simple or very froward , who need to be taught by disputation what is meet . when we make profession of our faith , we stand ; when we acknowledge our sins , or seek unto god for favour , we fall down ; because the gesture of constancy becometh us best in the one , in the other the behavior of humility . some part of our liturgy consist in the reading of the word of god , and the proclaiming of his law , that the people may thereby learn what their duties are towards him ; some consist in words of praise and thanksgiving , whereby we acknowledge unto god what his blessings are towards us ; some are such as albeit they serve to singular good purpose , even when there is no communion administred ; nevertheless , being devised at the first for that purpose , are at the table of the lord for that cause also commonly read ; some are uttered as from the people , some as with them unto god , some as from god unto them , all as before his sight , whom we fear , and whose presence to offend with any the least unseemliness , we would be surely as loath as they , who most reprehend or deride that we do . now , because the gospels which are weekly read , do all historically declare something which our lord jesus christ himself either spake , did , or suffered in his own person , it hath been the custom of christian men then especially in token of the greater reverence to stand , to utter certain words of acclamation , and at the name of jesus to bow . which harmless ceremonies , as there is no man constrained to use ; so we know no reason wherefore any man should yet imagine it an unsufferable evil . it sheweth a reverend regard to the son of god above other messengers , although speaking as from god also . and against infidels , jews , arians , who derogate from the honor of jesus christ , such ceremonies are most profitable . as for any erroneous estimation , advancing the son above the father and the holy ghost , seeing that the truth of his equality with them , is a mystery so hard for the wits of mortal men to rise unto , of all heresies , that which may give him superiority above them , is least to befeared . but to let go this as a matter scarce worth the speaking of , whereas , if fault be in these things any where justly found , law hath referred the whole disposition and redress thereof to the ordinary of the place ; they which elsewhere complain , that disgrace and injury is offered even to the meanest parish minister , when the magistrate appointeth him what to wear , and leaveth not so small a matter as that to his own discretion , being presumed a man discreet , and trusted with the care of the peoples souls , do think the gravest prelates in the land no competent judges , to discern and appoint where it is fit for the minister to stand , or which way convenient to look praying . from their ordinary therefore they appeal to themselves , finding great fault that we neither reform the thing against the which they have so long since given sentence , nor yet make answer unto what they bring , which is , that saint luke , declaring how peter stood up in the middest of the disciples , did thereby deliver an unchangeable rule , that whatsoever is done in the church , ought to be done in the midst of the church ; and therefore not baptism to be administred in one place , marriage solemnized in another , the supper of the lord received in a third , in a fourth sermons , in a fifth prayers to be made ; that the custom which we use is levitical , absurd , and such as hindreth the understanding of the people ; that if it be meet for the minister , at some time to look towards the people , if the body of the church be a fit place for some part of divine service , it must needs follow that whensoever his face is turned any other way , or any thing done any other where , it hath absurdity . all these reasons , they say , have been brought , and were hitherto never answered , besides a number of metriments and jests unanswered likewise , wherewith they have pleasantly moved much laughter at our manner of serving god. such is their evil hap to play upon dull spirited men . we are still perswaded that a bare denyal is answer sufficient to things which meer fancy objecteth , and that the best apology to words of scorn and petulancy , is isaac's apology to his brother ismael , the apology which patience and silence maketh . our answer therefore to their reasons , is , no ; to their scoffs , nothing . . when they object that our book requireth nothing to be done , which a childe may not do as lawfully and as well as that man wherewith the book conteneth it self ; is it their meaning that the service of god ought to be a matter of great difficulty , a labour which requireth great learning and deep skill , or elsē that the book containing it should teach what men are fit to attend upon it , and forbid either men unlearned , or children , to be admitted thereunto ? in setting down the form of common-prayer , there was no need that the book should mention either the learning of a fit , or the unfitness of an ignorant minister , more than that he which describeth the manner how to pitch a field , should speak of moderation and sobriety in diet . and concerning the duty it self , although the hardness thereof be not such as needeth much art , yet surely they seem to be very farr carried besides themselves , to whom the dignity of publick prayer doth not discover somewhat more fitness in men of gravity and ripe discretion , than in children of ten years of age , for the decent discharge and performance of that office. it cannot be that they who speak thus , should thus judge . at the board and in private it very well becommeth children's innocency to pray , and their elders to say , amen . which being a part of their vertuous education , serveth greatly both to nourish in them the fear of god , and to put us in continual remembrance of that powerful grace which openeth the mouths of infants to sound his praise . but publick prayer , the service of god in the solemn assembly of saints , is a work , though easie , yet withal so weighty and of such respect , that the great facility thereof is but a slender argument to prove , it may be as well and as lawfully committed to children as to men of years , howsoever their ability of learning be but only to do that in decent order wherewith the book contenteth it self . the book requireth but orderly reading . as in truth , what should any prescript form of prayer framed to the minister's hand require , but only so to be read as behoveth ? we know that there are in the world certain voluntary over-seers of all books , whose censure in this respect would fall as sharp on us as it hath done on many others , if delivering but a form of prayer , we should either express or include an thing , more than doth properly concern prayer . the ministers greatness or meanness of knowledge to do other things , his aptness or insufficiency otherwise than by reading to instruct the flock , standeth in this place as a stranger , with whom our form of common-prayer hath nothing to do . wherein their exception against easiness , as if that did nourish ignorance , proceedeth altogether out of a needless jealousie ; i have often heard it inquired of by many , how it might be brought to pass that the church should every where have able preachers to instruct the people ; what impediments there are to hinder it , and which were the speediest way to remove them . in which consultation , the multitude of parishes , the paucity of schools , the manifold discouragements which are offered unto mens inclinations that way , the penury of the ecclesiastical estate , the irrecoverable loss of so many livings of principal value , clean taken away from the church long sithence by being appropriated , the daily bruises that spiritual promotions use to take by often falling , the want of somewhat in certain statutes which concern the state of the church , the too great facility of many bishops , the stony hardness of too many patrons hearts not touched with any feeling in this case : such things oftentimes are debated , and much thought upon by them that enter into any discourse concerning any defect of knowledge in the clergy . but whosoever be found guilty , the communion book hath surely deserved least to be called in question for this fault . if all the clergie were as learned as themselves are that most complain of ignorance in others , yet our book of prayer might remain the same ; and remaining the same it is , i see not how it can be a lett unto any man's skill in preaching . which thing we acknowledge to be god's good gift , howbeit no such necessarie element , that every act of religion should he thought imperfect and lame , wherein there is not somewhat exacted that none can discharge but an able preacher . . two faults there are , which our lord and saviour himself especially reproved in prayer , the one , when ostentation did cause it to be open ; the other , when superstition made it long . as therefore prayers the one way are faulty , not whensoever they be openly made , but when hypocrisie is the cause of open praying : so the length of prayer is likewise a fault , howbeit not simply , but where errour and superstition causeth more than convenient repetition or continuation of speech to be used . it is not , as some do imagine , ( saith saint augustine ) that long praying is that fault of much speaking in prayer which our saviour did reprove ; for then would not he himself in prayer have continued whole nights . use in prayer no vain superfluity of words , as the heathens doe , for they imagine that their much speaking will cause them to be heard : whereas in truth the thing which god doth regard is , how vertuous their mindes are , and not how copious their tongues in prayer ; how well they think , and not how long they talk , who come to present their supplications before him . notwithstanding for as much as in publick prayer we are not only to consider what is needful in respect of god , but there is also in men that which we must regard ; we somewhat the rather incline to length , lest over-quick dispatch of a duty so important should give the world occasion to deem , that the thing it self is but little accounted of , wherein but little time is bestowed . length thereof is a thing which the gravity and weight of such actions doth require . beside , this benefit also it hath , that they whom earnest letts and impediments do often hinder from being partakers of the whole , have yet through the length of divine service , opportunity sleft them , at the least , for access unto some reasonable part thereof . again , it should be considered , how it doth come to pass that we are so long . for if that very service of god in the jewish synagogues , which our lord did approve and sanctifie with the presence of his own person , had so large portions of the law and the prophets , together with so many prayers and psalms read day by day , as do equal in a manner the length of ours , and yet in that respect was never thought to deserve blame , is it now an offence , that the like measure of time is bestowed in the like manner ? peradventure the church had not now the leisure which it had then , or else those things whereupon so much time was then well spent , have sithence that lost their dignity and worth . if the reading of the law , the prophets and psalms , be a part of the service of god , as needful under christ as before , and the adding of the new testament , as profitable as the ordaining of the old to be read ; if therewith instead of jewish prayers it be also for the good of the church to annex that variety which the apostle doth commend ; seeing that the time which we spend is no more than the orderly performance of these things necessarily required , why are we thought to exceed in length ? words , be they never so few , are too many when they benefit not the hearer . but he which speaketh no more than edifieth , is undeservedly reprehended for much speaking . that as the devil under the colour of long prayer drave preaching out of the church heretofore , so we in appointing so long prayers and readings , whereby the less can be spent in preaching , maintain an unpreaching ministry , is neither advisedly nor truly spoken . they reprove long prayer , and yet acknowledge it to be in it self a thing commendable ; for so it must needs be , if the devil have used it as a colour to hide his malicious practises . when malice would work that which is evil , and in working avoid the suspition of any evil intent , the colour wherewith it overcasteth it self , is always a fair and plausible pretence of seeking to further that which is good . so that if we both retain that good which saran hath pretended to seek , and avoid the evil which his purpose was to effect , have we not better prevented his malice , than if , as he hath , under colour of long prayer , driven preaching out of the church , so we should take the quarrel of sermons in hand , and revenge their cause , by requital , thrusting prayer in a manner out of doors under colour of long preaching ? in case our prayers being made at their full length , did necessarily inforce sermons to be the shorter , yet neither were this to uphold and maintain an unpreaching ministery , unless we will say that those antient fathers , chrysostom , augustine , leo , and the rest , whose homilies in that consideration were shorter for the most part than our sermons are , did then not preach when their speeches were not long . the necessity of shortness causeth men to cut off impertinent discourses , and to comprize much matter in few words . but neither did it maintain inabilitie , not at all prevent opportunitie of preaching , as long as a competent time is granted for that purpose . an hour and an half is , they say , in reformed churches ordinarily thought reasonable , for their whole liturgy or service . do we then continue as ezra did in reading the law from morning till mid-day ? or , as the apostle saint paul did in prayer and preaching , till men through weariness be taken up dead at our feet ? the huge length whereof they make such complaint , is but this , that if our whole form of prayer be read , and besides an hour allowed for a sermon , we spend ordinarily in both more time than they do by half an hour . which half hour being such a matter , as the age of some , and infirmity of other some are not able to bear ; if we have any sense of the common imbecillity , if any care to preserve mens wits from being broken with the very bent of so long attention , if any love or desire to provide that things most holy be not with hazard of mens souls abhorr'd and loathed , this half-hours tediousness must be remedied , and that only by cutting off the greatest part of our common prayer . for no other remedie will serve to help so dangerous an inconvenience . . the brethren in aegypt ( saith st. augustin , epist. . ) are reported to have many prayers , but every of them very short , as if they were darts thrown out with a kinde of sudden quickness , lest that vigilant and erect attention of minde , which in prayer is very necessary , should be wasted or dulled through continuance , if their prayers were few and long . but that which st. augustine doth allow , they condemn . those prayers whereunto devout mindes have added a piercing kinde of brevity , as well in that respect which we have already mentioned , as also thereby the better to express that quick and speedy expedition , wherewith ardent affections , the very wings of prayer , are delighted to present our suits in heaven , even sooner than our tongues can devise to utter them ; they in their mood of contradiction spare not openly to deride , and that with so base terms as do very ill beseem men of their gravity . such speeches are scandalous , they savour not of god in him that useth them , and unto vertuously disposed mindes they are grievous corrosives . our case were miserable , if that wherewith we most endeavour to please god , were in his sight so vile and despicable , as mens disdainful speech would make it . . again , for as much as effectual prayer is joyned with a vehement intention of the inferiour powers of the soul , which cannot therein long continue without pain , it hath been therefore thought good so by turns to interpose still somewhat for the higher part of the minde , the understanding to work upon , that both being kept in continual exercise with variety , neither might feel any great wearinesse , and yet each be a spurre to other . for prayer kindleth our desire to behold god by speculation ; and the minde delighted with that contemplative sight of god , taketh every where new inflammations to pray , the riches of the mysteries of heavenly wisdom continually stirring up in us correspondent desires towards them . so that he which prayeth in due sort , is thereby made the more attentive to hear , and he which heareth , the more earnest to pray , for the time which we bestow as well in the one as the other . but for what cause soever we do it , this intermingling of lessons with prayers is * in their taste a thing as unsavoury , and as unseemly in their sight , as if the like should be done in suits and supplications before some mighty prince of the world. our speech to worldly superiours we frame in such sort as serveth best to inform and perswade the mindes of them , who otherwise neither could nor would greatly regard our necessities : whereas , because we know that god is indeed a king , but a great ; king who understandeth all things before-hand , which no other king besides doth , a king which needeth not to be informed what we lack , a king readier to grant than we to make our requests ; therefore in prayer we do not so much respect what precepts art delivereth touching the method of perswasive utterance in the presence of great men , as what doth most avail to our own edification in piety and godly zeal . if they on the contrary side do think that the same rules of decency which serve for things done unto terrene powers , should universally decide what is fit in the service of god , if it be their meaning to hold it for a maxim , that the church must deliver her publick supplications unto god in no other form of speech than such as were decent ; if suit should be made to the great turk , or some other monarch , let them apply their own rule unto their own form of common-prayer . suppose that the people of a whole town , with some chosen man before them , did continually twice or thrice in a week resort to their king , and every time they come , first acknowledge themselves guilty of rebellions and treasons , then sing a song , and after that explain some statute of the land to the standers by , and therein spend at the least an hour ; this done , turn themselves again to the king , and for every sort of his subjects crave somewhat of him ; at the length sing him another song , and so take their leave : might not the king well think , that either they knew not what they would have , or else that they were distracted in minde , or some other such like cause of the disorder of their supplication ? this form of suing unto kings were absurd : this form of praying unto god they allow . when god was served with legal sacrifices , such was the miserable and wretched disposition of some mens mindes , that the best of every thing they had being culled out for themselves , if there were in their flocks any poor starved or diseased thing not worth the keeping , they thought it good enough for the altar of god , pretending ( as wise hyprocrites do when they rob god to enrich themselves ) that the fatness of calves doth benefit him nothing ; to us the best things are most profitable , to him all as one , if the minde of the offerer be good , which is the only thing he respecteth . in reproof of which their devout fraud , the prophet malachy alledgeth , that gifts are offered unto god not as a supplys of his want indeed , but yet as testimonies of that affection wherewith we acknowledge and honour his greatness . for which cause , sith the greater they are whom we honour , the more regard we have to the quality and choice of those presents which we bring them for honor's sake ; it must needs follow that if we dare not disgrace our worldly superiours with offering unto them such reffuse as we bring unto god himself , we shew plainly that our acknowledgment of his greatnesse is but feigned , in heart we fear him not so much as we dread them . if ye offer the blinde for sacrifice , is it not evil ? offer it now unto thy prince ; will he be content or accept thy person , saith the lord of hosts ? cursed be the deceiver which hath in his flock a male , and having made a vow , sacrificeth unto the lord a corrupt thing : for i am a great king , saith the lord of hosts . should we hereupon frame a rule , that what form of speech or behaviour soever is fit for suiters in a prince's court , the same and no other beseemeth us in our prayers to almighty god. . but in vain we labour to perswade them that any thing can take away the tediousness of prayer , except it be brought to the very same both measure and form which themselves assign . whatsoever therefore our liturgy hath more than theirs , under one devised pretence or other they cut it off . we have of prayers for earthly things in their opinion too great a number ; so oft to rehearse the lords prayer in so small a time , is , as they think , a loss of time , the peoples praying after the minister , they say , both wasteth time , and also maketh an unpleasant sound ; the psalms they would not have to be made ( as they are ) a part of our common-prayer , nor to be sung or said by turns , nor such musick to be used with them ; those evangelical hymns they allow not to stand in our liturgy ; the letany , the creed of athanasius , the sentence of glory , wherewith we use to conclude psalms , these things they cancel , as having been instituted in regard of occasions peculiar to the times of old , and as being therefore now superfluous . touching prayers for things earthly , we ought not to think that the church hath set down so many of them without cause . they , peradventure , which finde this fault , are of the same affection with solomon ; so that if god should offer to grant the whatsoever they ask , they would neither crave riches , not length of dayes , not yet victory over their enemies , but only an understanding heart ; for which cause themselves having eagles wings , are offended to see others flye so near the ground . but the tender kindness of the church of god it very well beseemeth , to help the weaker sort , which are by so great oddes moe in number , although some few of the perfecter and stronger may be therewith for a time displeased . ignorant we are not , that of such as resorted to our saviour christ being present on earth , there came not any unto him with better success for the benefit of their souls everlasting happiness , than they whose bodily necessities gave them the first occasion to seek relief , when they saw willingness and ability of doing every way good unto all . the graces of the spirit are much more precious than worldly benefits ; our ghostly evils of greater importance than any harm which the body feeleth . therefore our desires to heaven-ward should both in measure and number no less exceed , than their glorious object doth every way excel in value . these things are true and plain in the eye of a perfect judgement . but yet it must be withal considered , that the greatest part of the world are they which be farthest from perfection . such being better able by sense to discern the wants of this present life , than by spiritual capacity to apprehend things above sense , which tend to their happiness in the world to come , are in that respect the more apt to apply their mindes even with hearty affection and zeal at the least unto those branches of publick prayer , wherein their own particular is moved . and by this mean there stealeth upon them a double benefit ; first because that good affection , which things of smaller account have once set on work , is by so much the more easily raised higher ; and secondly , in that the very custom of seeking so particular aide and relief at the hands of god , doth by a secret contradiction withdraw them from endeavouring to help themselves by those wicked shifts , which they know can never have his allowance , whose assistance their prayer seeketh . these multiplyed petitions of worldly things in prayer have therefore , besides their direct use , a service , whereby the church under-hand , through a kinde of heavenly fraud , taketh therewith the souls of men as with certain baits . if then their calculation be true ( for so they reckon ) that a full third of our prayers be allotted unto earthly benefits , for which our saviour in his platform hath appointed but one petition amongst seven , the difference is without any great disagreement ; we respecting what men are , and doing that which is meer in regard of the common imperfection , our lord contrariwise proposing the most absolute proportion that can be in mens desires , the very highest mark whereat we are able to aime . for which cause also our custom is both to place it in the front of our prayers as a guide , and to adde it in the end of some principal limbs or parts , as a complement which fully perfecteth whatsoever may be defective in the rest . twice we rehearse it ordinarily , and oftner as occasion requireth more solemnity or length in the form of divine service ; not mistrusting , till these new curiosities sprang up , that ever any man would think our labour herein mis-spent , the time wastfully consumed , and the office it self made worse , by so repeating that which otherwise would more hardly be made familiar to the simpler sort ; for the good of whose souls there is not in christian religion any thing of like continual use and force throughout every hour and moment of their whole lives . i mean not only because prayer , but because this very prayer is of such efficacy and necessity : for that our saviour did but set men a bare example how to contrive or devise prayers of their own , and no way binde them to use this , is no doubt as errour . iohn the baptist's disciples , which had been always brought up in the bosom of god's church from the time of their first infancy , till they came to the school of iohn , were not so brutish , that they could be ignorant how to call upon the name of god : but of their master they had received a form of prayer amongst themselves , which form none did use saving his disciples , so that by it as by a mark of special difference they were known from others . and of this the apostles having taken notice , they request that as iohn had taught his , so christ would likewise teach them to pray , tertullian and saint augustin do for that cause term it , orationem legitimam , the prayer which christ's own law hath tyed his church to use in the same prescript form of words wherewith he himself did deliver it : and therefore what part of the world soever we fall into , if christian religion have been there received , the ordinary use of this very prayer hath with equal continuance accompanied the same , as one of the principal and most material duties of honour done to jesus christ. seeing that we have ( saith saint cyprian ) an advocate with the father for our sins , when we that have sinned come to seek for pardon , let us alledge unto god the words which our advocate hath taught . for sith his promise is our plain warrant , that in his name what we aske we shall receive , must we not needs much the rather obtain that for which we sue , if not only his name do countenance , but also his speech present our requests ? though men should speak with the tongues of angels , yet words so pleasing to the ears of god , as those which the son of god himself hath composed , were not possible for men to frame . he therefore which made us to live , hath also taught us to pray , to the end that speaking unto the father in the sonn 's own prescript without scholy or gloss of ours , we may be sure that we utter nothing which god will either disallow or deny . other prayers we use may besides this , and this oftner than any other , although not tyed so to do by any commandement of scripture , yet moved with such considerations as have been before set down : the causeless dislike where of which others have conceived , is no sufficient reason for us , as much as once to forbear , in any place , a thing which uttered with true devotion and zeal of heart , affordeth to god himself that glory , that aide to the weakest sort of men , to the most perfect that solid comfort which is unspeakable . . with our lords prayer they would finde no fault , so that they might perswade us to use it before or other sermons only ( because so their manner is ) and not ( as all christian people have been of old accustomed ) insert it so often into the liturgy . but the peoples custom to repeat any thing after the minister , they utterly mislike . twice we appoint that the words which the minister first pronounceth , the whole congregation shall repeat after him . as first in the publick confession of sins , and again in rehearsal of our lord's prayer , presently after the blessed sacrament of his body and blood received . a thing no way offensive , no way unfit or unseemly to be done , although it had been so appointed ofner than with us it is . but surely , with so good reason , it standeth in those two places , that otherwise to order it were not , in all respects so well . could there be any thing devised better , then that we all at our first access unto god by prayer , should acknowledge meekly our sins , and that not onely in heart , but with tongue ; all which are present , being made ear-witnesses , even of every mans distinct and deliberate assent unto each particular branch of a common indictment drawn against our selves ? how were it possible , that the church should any way else with such ease and certainty provide , that none of her children may as adam dissemble that wretchedness , the penitent confession whereof is so necessary a preamble , especially to common prayer ? in like manner , if the church did ever devise a thing fit and convenient , what more then this , that when together we have all received those heavenly mysteries wherein christ imparteth himself unto us , and giveth visible testification of our blessed communion with him , we should in hatred of all heresies , factions , and schisms , the pastor as a leader , the people as willing followers of him step by step , declare openly our selves united as brethren in one , by offering up with all our hearts and tongues that most effectual supplication , wherein he unto whom we offer it , hath himself not onely comprehended all our necessities ; but in such sort also framed every petition , as might most naturally serve for many , and doth , though not always require , yet always import a multitude of speakers together ? for which cause communicants have ever used it , and we at that time by the form of our very utterance do shew we use it ; yea , every word and syllable of it , as communicants . in the rest we observe that custom whereunto st. paul alludeth , and whereof the fathers of the church in their writings , make often mention , to shew indefinitely what was done , but not universally to binde for ever , all prayers unto one onely fashion of utterance . the reasons which we have alledged , induce us to think it still a good work , which they in their pensive care for the well bestowing of time account waste . as for unpleasantness of sound , if it happen , the good of mens souls , doth either deceive our ears that we note it not , or arm them with patience to endure it . we are not so nice as to cast away a sharp knife , because the edge of it may sometimes grate . and such subtile opinions as few but utopians are likely to fall into , we in this climate do not greatly fear . . the complaint which they make about psalms and hymns , might as well be over-past without any answer , as it is without any cause brought forth . but our desire is to content them , if it may be , and to yield them a just reason , even of the least things wherein undeservedly they have but as much as dreamed or suspected that we do amiss . they seem sometimes so to speak as if greatly offended them , that such hymns and psalms as are scripture , should in common prayer be otherwise used , then the rest of the scripture is wont ; sometime displeased they are at the artificial musick which we adde unto psalms of this kinde , or of any other nature else ; sometime the plainest and the most intelligible rehearsal of them , yet they savor not , because it is done , by interlocution , and with a mutual return of sentences from side to side . they are not ignorant what difference there is between other parts of scripture and psalms . the choice and flower of * all things profitable in other books , the psalms do both more briefly contain , and more movingly also express , by reason of that poetical form wherewith they are written . the ancients when they speak of the book of psalms , use to fall into large discourses , shewing how this part above the rest doth of purpose set forth and celebrate all the considerations and operations which belong to god ; it magnifieth the holy meditations and actions of divine men ; it is of things heavenly an universal declaration , working in them , whose hearts god inspireth with the due consideration thereof , an habit or disposition of minde whereby they are made fit vessels both for receipt and for delivery of whatsoever spiritual perfection . what is there necessary for man to know , which the psalms are not able to teach ? they are to beginners an easie and familiar introduction , a mighty augmentation of all vertue and knowledge in such as are entred before , a strong confirmation to the most perfect amongst others . heroical magnanimity , exquisite justice , gave moderation , exact wisdom , repentance unfeigned , unwearied patience , the mysteries of god , the sufferings of christ , the terrors of wrath , the comforts of grace , the works of providence over this world , and the promised joys of that world which is to come , all good necessarily to be either known , or done , or had , this one celestial fountain yieldeth . let there be any grief or disease incident nuto the soul of man , any wound or sickness named , for which there is not in this treasure-house , a present comfortable remedy at all times ready to be found . hereof it is that we covet to make the psalms especially familiar unto all . this is the very cause , why we iterate the psalms oftner then any other part of scripture besides ; the cause wherefore we inure the people together with their minister , and not the minister alone , to read them as other parts of scripture he doth . . touching musical harmony , whether by instrument or by voice , it being but of high and low in sounds a due proportionable disposition , such notwithstanding is the force thereof , and so pleasing effects it hath in that very part of man which is most divine , that some have been thereby induced to think that the soul it self by nature is , or hath in it harmony . a thing which delighteth all ages , and beseemeth all states ; a thing as seasonable in grief as in joy ; as decent being added unto actions of greatest weight and solemnity , as being used when men most sequester themselves from action . the reason hereof is an admirable faculty which musick hath to express and represents to the minde , more inwardly then any other sensible mean , the very standing , rising , and falling , the very steps and inflections every way , the turns and varieties of all passions , whereunto the minde is subject ; yea , so to imitate them , that whether it resemble unto us the same state wherein our mindes already are , or a clean contrary , we are not more contentedly by the one confirmed , then changed and led away by the other . in harmony , the very image and character , even of vertue and vice is perceived , the minde delighted with their resemblances , and brought , by having them often iterated , into a love of the things themselves . for which cause there is nothing more contagious and pestilent then some kindes of harmony ; then some , nothing more strong and potent unto good . and that there is such a difference of one kinde from another , we need no proof but our own experience , in as much as we are at the hearing of some more inclined unto sorrow and heaviness , of some more mollified and softned in minde ; one kinde apter to stay and settle us , another to move and stir our affections : there is that draweth to a marvelous grave and sober mediocrity , there is also that carrieth as it were into extasies , filling the minde with an heavenly joy , and for the time , in a manner , severing it from the body : so that although we lay altogether aside the consideration of ditty or matter , the very harmony of sounds being framed in due sort , and carried from the ear to the spiritual faculties of our souls , is by a native puissance and efficacy greatly available to bring to a perfect temper whatsoever is there troubled , apt as well to quicken the spirits as to allay that which is too eager , sovereign against melancholly and despair , forcible to draw forth tears of devotion , if the minde be such as can yield them able , both to move and to moderate all affections . the prophet david having therefore singular knowledge , not in poetry alone , but in musick also , judged them both to be things most necessary for the house of god , left behinde him to that purpose , a number of divinely indited poems , and was farther the author of adding unto poetry , melody a publick prayer , melody both vocal and instrumental for the raising up of mens hearts , and the sweetning of their affections towards god. in which consideration , the church of christ doth likewise at this present day , retain it as an ornament to gods service , and an help to our own devotion . they which , under pretence of the law ceremonial abrogated require the abrogation of instrumental musick , approving nevertheless the use of vocal melody to remain , must shew some reason wherefore the one should be thought a legal ceremony , and not the other . in church musick curiosity and oftentation of art , wanton , or light , or unsuitable harmony , such as onely pleaseth the ear , and doth not naturally serve to the very kinde and degree of those impressions which the matter that goeth with it , leaveth , or is apt to leave in mens mindes , doth rather blemish and disgrace that we do , then adde either beauty or furtherance unto it . on the other side , these faults prevented , the force and efficacy of the thing it self , when it drowneth not utterly , but fitly suiteth with matter altogether sounding to the praise of god , is in truth most admirable , and doth much edifie , if not the understanding , because it teacheth not ; yet surely the affection , because therein it worketh much . they must have hearts very dry and tough , from whom the melody of psalms doth not sometime draw that wherein a minde religiously affected delighteth . be it as rabanus maurus observeth , that at the first the church in this exercise was more simple and plain then we are ; that their singing was little more then onely a melodious kinde of pronounciation ; that the custom which we now use , was not instituted so much for their cause which are spiritual , as to the end that into grosser and heavier mindes , whom bare words do not easily move , the sweetness of melody might make some entrance for good things . st. basil himself acknowledging as much , did not think that from such inventions , the least jot of estimation and credit thereby should be derogated : * for ( saith he ) whereas the holy spirit saw , that mankinde is unto virtue hardly drawn , and that righteousness is the less accounted of , by reason of the proveness of our affections to that which delighteth ; it pleased the wisdom of the same spirit to borrow from melody that pleasure , which mingled with heavenly mysteries , causeth the smoothness and softness of that which toucheth the ear , to convey , as it were , by stealth the treasure of good things into mans minde . to this purpose were those harmonious tunes of psalms divised for us ; that they which are either in years but young , or touching perfection of vertue , as yet not grown to ripeness , might , when they think they sing , learn. o the wise conceit of that heavenly teacher , which both by his skill found out a way , that doing those things wherein we delight , we may also learn that whereby we profit ! . and if the prophet david did think that the very meeting of men together , and their accompanying one another to the house of god , should make the bond of their love insoluble , and tie them in a league of inviolable amity , psal. . . how much more may we judge it reasonable to hope , that the like effects may grow in each of the people towards other , in them all towards their pastor , and in their pastor towards every of them ; between whom there daily and interchangeably pass in the hearing of god himself , and in the presence of his holy angels , so many heavenly acclamations , exultations , provocations , petitions , songs of comfort , psalms of praise and thanksgiving ; in all which particulars , as when the pastor maketh their sutes , and they with one voice testifie a general assent thereunto ; or when he joyfully beginneth , and they with like alacrity follow , dividing between them the sentences wherewith they strive , which shall most shew his own , and stir up others zeal , to the glory of that god , whose name they magnifie ; or when he proposeth unto god their necessities , and they their own requests for relief in every of them ; or when he lifteth up his voice like a trumpet , to proclaim unto them the laws of god , they adjoyning , though not as israel did , by way of generality a chearful promise , a all that the lord hath commanded , we will do ; yet that which god doth no less approve , that which favoreth more of meekness , that which testifieth rather a feeling knowledge of our common imbecillity , unto the several branches thereof , several lowly and humble requests for grace at the merciful hands of god , to perform the thing which is commanded ; or when they wish reciprocally each others ghostly happiness ; or when he by exhortation raiseth them up , and they by protestation of their readiness declare , be speaketh not in vain unto them . these interlocutory forms of speech , what are they else , but most effectual , partly testifications , and partly inflammations of all piety ? when , and how this custom of singing by course , came up in the church , it is not certainly known . b socrates maketh ignatius , the bishop of antioch , in syria , the first beginner thereof , even under the apostles themselves . but against socrates they set the authority of a theodoret , who draweth the original of it from antioch , as socrates doth ; howbeit ascribing the invention to others , flavian and diodore , men which constantly stood in defence of the apostolick faith , against the bishop of that church , leontius , a favorer of the arians . against both socrates and theodoret , b platina is brought as a witness , to testifie that damasus , bishop of rome , began it in his time . of the latine church , it may be true which platina saith . and therefore , the eldest of that church which maketh any mention thereof , is st. ambrose , c bishop of milan , at the same time when damasus was of rome . amongst the grecians , st. basil d having brought it into his church before they of neocaesarea used it , sabellius the heretick , and marcellus , took occasion thereat , to incense the churches against him , as being an author of new devices in the service of god. whereupon , to avoid the opinion of novelty and singularity , he alledgeth for that which he himself did , the example of the churches of egypt , lybia , thebes , palestina , tharabians , phoenicians , syrians , mesopotamians , and , in a manner , all that reverenced the custom of singing psalms together . if the syrians had it then before basil , antioch the mother church of those parts , must needs have used it before basil , and consequently before damasus . the question is then , how long before , and whether so long , that ignatius , or as ancient as ignatius , may be probably thought the first inventors . ignatius in trajans days suffered martyrdom . and of the churches in pontus and bithynia , to trajan the emperor , his own vicegerent , there affirmeth e , that the onely crime , he knew of them , was , they used to meet together at a certain day , and to praise christ with hymns as a god , secum invicem , one to another amongst themselves . which for any thing we know to the contrary , might be the self-same form which philo iudaeus expresseth , declaring how the essens were accustomed with hymns and psalms to honor god , sometime all exalting their voices together in one , and sometime one part answering another , wherein , as he thought , they swerved not much from the pattern of moses and miriam . whether ignatius did at any time hear the angels praising god after that sort , or no , what matter is it : if ignatius did not , yet one which must be with us of greater authority did . i saw the lord ( saith the prophet isaiah ) on an high throne , the seraphims stood upon it , one cryed to another , saying , holy , holy , holy , lord god of hosts , the whole world is full of his glory . but whosoever were the author , whatsoever the time , whencesoever the example of beginning this custom in the church of christ ; sith we are wont to suspect things onely before tryal , and afterwards either to approve them as good , or if we finde them evil , accordingly to judge of them ; their counsel must needs seem very unseasonable , who advise men now to suspect that wherewith the world hath had , by their own account , twelve hundred years acquaintance , and upwards , enough to take away suspition and jealousie . men know by this time , if ever they will know , whether it be good or evil which hath been so long retained . as for the devil , which way it should greatly benefit him to have this manner of singing psalms accounted an invention of ignatius , or an imitation of the angels of heaven , we do not well understand , but we very well see in them who thus plead , a wonderful celerity of discourse . for perceiving at the first , but onely some cause of suspition and fear , left it should be evil , they are presently in one and the self-same breath resolved , * that what beginning soever it had , there is no possibility it should be good . the potent arguments which did thus suddenly break in upon them , and overcome them , are ; first , that it is not unlawful for the people , all joyntly to praise god in singing of psalms . secondly , that they are not any where forbidden by the law of god , to sing every verse of the whole psalm , both with heart and voice , quite and clean throughout . thirdly , that it cannot be understood what is sung after our manner . of which three , for as much as lawfulness to sing one way , proveth not another way inconvenient ; the former two , are true allegations , but they lack strength to accomplish their desire ; the third so strong ; that it might perswade , if the truth thereof were not doubtful . and shall this inforce us to banish a thing which all christian churches in the world have received ; a thing which so many ages have held ; a thing which the most approved councils and laws have so oftentimes ratified ; a thing which was never sound to have any inconvenience in it ; a thing which always heretofore the best men , and wisest governors of gods people , did think they could never commend enough ; a thing which as basil was perswaded , did both strengthen the meditation of those holy words which were uttered in that sort , and serve also to make attentive , and to raise up the hearts of men ; a thing whereunto gods people of old , did resort with hope and thirst , that thereby , especially their souls , might be edified ; a thing which filleth the minde with comfort and heavenly delight , stirreth up flagrant desires and affections correspondent unto that which the words contain , allayeth all kinde of base and earthly cogitations , banisheth and driveth away those evil secret suggestions which our invisible enemy is always apt to minister , watereth the heart to the end it may fructifie , maketh the vertuous , in trouble , full of magnanimity and courage , serveth as a most approved remedy against all doleful and heavy accidents which befal men in this present life . to conclude , so fitly accordeth with the apostles own exhortation , speak to your selves in psalms and hymns , and spiritual songs , making melody , and singing to the lord in your hearts ; that surely , there is more cause to fear , lest the want thereof be a main , then the use a blemish to the service of god. it is not our meaning , that what we attribute unto the psalms , should be thought to depend altogether on that onely form of singing or reading them by course , as with us the manner is ; but the end of our speech is to shew , that because the fathers of the church , with whom the self-same custom was so many ages ago in use , have uttered all these things concerning the fruit which the church of god did then reap , observing that and no other form , it may be justly avouched , that we our selves retaining it ; an besides it also the other more newly and not unfruitfully devised , do neither want that good which the latter invention can afford , not lose any thing of that , for which the ancients so oft and so highly commend the former . let novelty therefore in this give over endless contradictions , and let ancient custom prevail . . we have already given cause sufficient for the great conveniency , and use of reading the psalms oftner then other scriptures . of reading or singing likewise magnificat , benedictus , and nunc dimittis , oftner then the rest of the psalms , the causes are no whit less reasonable ; so that if the one may very well monethly , the other may as well even daily be iterated . they are songs which concern us so much more then the songs of david , as the gospel toucheth us more then the law , the new testament then the old. and if the psalms for the excellency of their use , deserve to be oftner repeated then they are , but that the multitude of them permitteth not any ofther repetition , what disorder is it if these few evangelical hymns which are in no respect less worthy , and may be by reason of their paucity imprinted with much more ease in all mens memories , be for that cause every day rehearsed ? in our own behalf it is convenient and orderly enough , that both they and we make day by day prayers and supplications the very same ; why not as fit and convenient to magnifie the name of god day by day with certain the very self-same psalms of praise and thanksgiving ? either let them not allow the one , or else cease to reprove the other . for the ancient received use of intermingling hymns and psalms with divine readings , enough hath been written . and if any may fitly serve unto that purpose , how should it better have been devised , then that a competent number of the old being first read , these of the new should succeed in the place where now they are set ? in which place notwithstanding , there is joyned with benedictus , the hundredth psalm ; with magnifica● , the ninety eighth , the sixty seventh with nunc dimittis ; and in every of them , the choice left free for the minister to use indifferently the one , or the other . seeing therefore they pretend no quarrel at other psalms , which are in like manner appointed also to be daily read , why do these so much offend and displease their taste ? they are the first gratulations wherewith our lord and saviour was joyfully received at his entrance into the world , by such as in their hearts , arms , and very bowels embraced him ; being prophetical discoveries of christ already present , whose future coming , the other psalms did but fore-signifie , they are against the obstinate incredulity of the jews , the most luculent testimonies that christian religion hath ; yea , the onely sacred hymns they are , that christianity hath peculiar unto it self ; the other being songs too , of praise and thanksgiving , but songs wherewith as we serve god , so the jew likewise . and whereas they tell us , these songs were fit for that purpose , when simeon and zachary , and the blessed virgin uttered them , but cannot so be to us which have not received like benefit ; should they not remember how expresly hezekiah , amongst many other good things , is commended for this also , that the praises of god were through his appointment daily set forth , by using in publick divine service , the songs of david and asaph unto that very end ? either there wanted wise men to give hezekiah advice , and to inform him of that , which in his case was as true , as it is in ours , namely , that without some inconvenience and disorder , he could not appoint those psalms to be used as ordinary prayers , seeing what although they were songs of thanksgiving , such as david and asaph had special occasion to use , yet not so the whole church and people afterwards , whom like occasions did not befal ; or else hezekiah was perswaded as we are , that the praises of god in the mouths of his saints , are not so restrained to their own particular , but that others may both conveniently and fruitfully use them ; first , because the mystical communion of all faithful men is such as maketh every one to be interested in those precious blessings , which any one of them receiveth at gods hands : secondly , because when any thing is spoken to extol the goodness of god , whose mercy endureth for ever , albeit the very particular occasion whereupon it riseth , do come no more ; yet , the fountain continuing the same , and yielding other new effects which are but onely in some sort proportionable , a small resemblance between the benefits , which we and others have received , may serve to make the same words of praise and thanksgiving fit , though not equally in all circumstances fit for both ; a clear demonstration whereof , we have in all the ancient fathers commentaries and meditations upon the psalms . last of all , because even when there is not as much as the shew of any resemblance , nevertheless by often using their words in such manner , our mindes are daily more and more ensured with their affections . . the publick estate of the church of god amongst the jews , hath had many rare and extraordinary occurrents , which also were occasions of sundry a open solemnities and offices , whereby the people did with general consent make shew of correspondent affection towards god. the like duties appear usual in the ancient church of christ , by that which b tertullian speaketh of christian women themselves matching with infidels . she cannot content the lord with performance of his discipline , that hath at her side a vassal , whom satan hath made his vice-agent to cross whatsoever the faithful should do . if her presence be required at the time of station or standing prayer , he chargeth her at no time , but that to be with him in his baths ; if a fasting day come , he hath on that day a banquet to make , if there be cause for the church to go forth in solemn procession , his whole family have such business come upon them , that no one can be spared . these processions , as it seemeth , were first begun for the interring of holy martyrs , and the visiting of those places where they were intombed . which thing , the name it self applied by c heathens , unto the office of exequies , and partly the speeches of some of the ancients delivered concerning d christian processions , partly also the very dross which superstition thereunto added , i mean , the custom of invocating saints in processions , heretofore usual , do strongly insinuate . and as things invented to one purpose , are by use easily converted to more a , it grew , that supplications , with this solemnity for the appeasing of gods wrath , and the averting of publick evils , were of the greek church termed litanies , rogations of the latine b . to the people of vienna ( mamercus being their bishop above years after christ ) therebefel many things , the suddenness and strangeness whereof , so amazed the hearts of all men , that the city they began to forsake as a place which heaven did threaten with imminent ruine . it beseemed not the person of so grave a prelate to be either utterly without counsel , as the rest were , or in a common perplexity to shew himself alone secure . wherefore as many as remained , he earnestly exhorteth to prevent portended calamities , using those vertuous and holy means , wherewith others in like case have prevailed with god. to which purpose , he perfecteth the rogations or litanies before in use , and addeth unto them that which the present necessity required . their good success moved sidonius , bishop of averna , to use the same so-corrected rogations at such time , as he and his people were after afflicted with famine , and besieged with potent adversaries . for till the empty name of the empire came to be setled in charles the great , the fall of the romans huge dominion concurring with other universal evils , caused those times to be days of much affliction and trouble throughout the world. so that rogations or litanies were then the very strength , stay , and comfort of gods church . whereupon in the year five hundred and six , it was by the council of aurelia decreed , that the whole church should bestow yearly at the feast of pentecost , three days in that kinde of processionary service . about half an hundred years alter , to the end , that the latine churches , which all observed this custom , might not vary in the order and form of those great litanies which were so solemnly every where exercised , it was thought convenient by gregory the first , and the best of that name , to draw the flower of them all into one . but this iron began at length to gather rust ; which thing the synod of colen saw , and in part redrest within that province , neither denying the necessary use for which such litanies serve , wherein gods clemency and mercy is desired by publick suit , to the end , that plagues , destructions , calamities , famines , wars , and all other the like adversities , which for our manifold sins we have always cause to fear , may be turned away from us and prevented through his grace , not yet dissembling the great abuse whereunto as sundry other things , so this had grown by mens improbity and malice ; to whom , that which was devised for the appeasing of gods displeasure , gave opportunity of committing things which justly kindled his wrath . for remedy whereof it was then thought better , that these and all other supplications or processions should be no where used , but onely within the walls of the house of god , the place sanctified unto prayer . and by us not onely such inconveniences being remedied , but also whatsoever was otherwise amiss in form or matter , it now remaineth a work , the absolute perfection whereof upbraideth with error , or somewhat worse , them whom in all parts it doth not satisfie . as therefore litanies have been of longer continuance then that we should make either gregory or mamercus the author of them ; so they are of more permanent use , then that now the church should think it needeth them not . what dangers at any time are imminent , what evils hang over our heads , god doth know , and not we . we finde by daily experience , that those calamities may be nearest at hand , readiest to break in suddenly upon us , which we in regard of times or circumstances , may imagine to be farthest off . or if they do not indeed approach , yet such miseries as being present , all men are apt to bewail with tears , the wise by their prayers should rather prevent . finally , if we for our selves had a priviledge of immunity , doth not true christian charity require , that whatsoever any part of the world , yea , any one of all our brethren elswhere , doth either suffer or fear , the same we account as our own burthen ? what one petition is there found in the whole litany , whereof we shall ever be able at any time to say , that no man living needeth the grace or benefit therein craved at gods hands ? i am not able to express how much it doth grieve me , that things of principal excellency , should be thus bitten at , by men whom god hath endued with graces , both of wit and learning for better purposes . we have from the apostles of our lord jesus christ received that brief confession of faith , which hath been always a badge of the church , a mark whereby to discern christian men from infidels and jews , a this faith , received from the apostles and their disciples ( saith ireneus ) the church , though dispersed throughout the world , doth notwithstanding keep as safe , as if it dwels within the walls of some one house , and as uniformly hold , as if it had but one onely heart and soul ; this as consonantly it preacheth , teacheth , and delivereth , as if but one tongue did speak for all . at one sun shineth to the whole world ; so there is no faith but this one published , the brightness whereof must enlighten all that come to the knowledge of the truth . b this rule ( saith tertullian ) christ did institute , the stream and current of this rule hath gone as far , it hath continued as long as the very promulgation of the gospel . c under constantine the emperor , about three hundred years and upward after christ , arius a priest in the church of alexandria , a suttle-witted , and a marvellous fair-spoken man , but discontented , that one should be placed before him in honor , whose superior he thought himself in desert , became through envy and stomack , prone unto contradiction , and hold to broach at the length , that heresie wherein the deity of our lord jesus christ , contained , but not opened in the former creed , the coequality and coeternity of the son with the father was denied . being for this impiety deprived of his place by the bishop of the same church , the punishment which should have reformed him , did but increase his obstinacy , and give him occasion of laboring with greater earnestness elswhere , to intangle unwary mindes with the snares of his damnable opinion . arius in short time had won to himself , a number both of followers and of great defenders , whereupon much disquietness on all sides ensued . the emperor , to reduce the church of christ unto the unity of sound belief , when other means , whereof tryal was first made , took no effect , gathered that famous assembly of three hundred and eighteen bishops in the council of nice , where besides , order taken for many things which seemed to need redress , there was with common consent , for the setling of all mens mindes , that other confession of faith set down , which we call the nicene creed , whereunto the arians themselves which were present subscribed also ; not that they meant sincerely , and indeed to forsake their error , but onely to escape deprivation and exile , which they saw they could not avoid , openly persisting in their former opinions , when the greater part had concluded against them , and that with the emperors royal assent . reserving therefore themselves unto future opportunities , and knowing , that it would not boot them to stir again in a matter so composed , unless they could draw the emperor first , and by his means the chiefest bishops unto their part ; till constantines death , and somewhat after , they always professed love and zeal to the nicene faith , yet ceased not in the mean while to strengthen that part which in heart they favored , and to infest by all means , under colour of other quarrels , their greatest adversaries in this cause : amongst them athanasius especially , whom by the space of forty six years , from the time of his consecration , to succeed alexander , archbishop in the church of alexandria , till the last hour of his life in this world , they never suffered to enjoy the comfort of a peaceable day . the heart of constantine stoln from him . constantius constantines successor , his scourge and torment by all the ways that malice armed with soveraign authority could devise and use . under iulian no rest given him ; and in the days of valentinian , as little . crimes there were laid to his charge many , the least whereof , being just , had bereaved him of estimation and credit with men , while the world standeth . his judges evermore the self-same men by whom his accusers were suborned . yet the issue always on their part shame ; on his , triumph . those bishops and prelates , who should have accounted his cause theirs , and could not many of them , but with bleeding hearts , and with watred checks , behold a person of so great place and worth constrained to endure so soul indignities , were sure by bewraying their affection towards him , to bring upon themselves those molestations , whereby if they would not be drawn to seem his adversaries , yet others should be taught how unsafe it was to continue his friends . whereupon it came to pass in the end , that ( very few excepted ) all became subject to the sway of time ; other odds there was none amongst them , saving onely that some fell sooner away , some latter from the soundness of belief ; some were leaders in the host of impiety , and the rest as common soldiers , either yielding through fear , or brought under with penury , or by flattery ensnared , or else beguiled through simplicity , which is the fairest excuse that well may be made for them . yes , ( that which all men did wonder at ) osius the ancientest bishop that christendom then had , the most forward in defence of the catholick cause , and of the contrary part most feared ; that very osius , with whose hand the nicene creed it self was set down , and framed for the whole christian world to subscribe unto , so far yielded in the end , as even with the same hand to ratifie the arians confession , a thing which they neither hoped to see , nor the other part ever feared , till with amazement they saw it done . both were perswaded , that although there had been for osius no way , but either presently subscribe or die , his answer and choice would have been the same that eleazars was , it doth not become our age to dissemble , whereby many young persons might think , that osius in hundred years old and upward , were now gone to another religion ; and so through mine hypocrisie [ for a little time of transitory life ] they might be deceived by me , and i procure malediction and reproach to my old age . for though i were now delivered from the torments of men , yet could i not escape the hand of the almighty , neither alive nor dead . but such was the stream of those times , that all men gave place unto it , which we cannot but impute , partly , to their own over-sight . for at the first the emperor was theirs , the determination of the council of nice was for them , they had the arians hands to that council : so great advantages are never changed so far to the contrary , but by great error . it plainly appeareth , that the first thing which weakned them , was their security . such as they knew were in heart still affected towards arianism , they suffered by continual nearness to possess the mindes of the greatest about the emperor , which themselves might have done with very good acceptation , and neglected it . in constantines life time to have setled constantius the same way , had been a duty of good service towards god , a mean of peace and great quietness to the church of christ , a labor easie , and how likely we may conjecture , when after that so much pains was taken to instruct , and strengthen him in the contrary course , after that so much was done by himself to the furtherance of heresie , yet being touched in the end voluntarily with remorse , nothing more grieved him then the memory of former proceedings in the cause of religion , and that which he now foresaw in iulian , the next physician into whose hands the body that was thus distempered must fall . howbeit this we may somewhat excuse , in as much as every mans particular care to his own charge was such , as gave them no leisure to heed what others practised in princes courts . but of the two synods of arimine and selencia , what should we think ? constantius by the arians suggestion , had devised to assemble all the bishops of the whole world about this controversie ; but in two several places , the bishops of the west at arimine in italy , the eastern at selencia the same time . amongst them of the east there was no stop , they agreed without any great ado , gave their sentence against heresie , excommunicated some chief maintainers thereof , and sent the emperor word what was done . they had at arimine about four hundred which held the truth , scarce of the adverse part fourscore ; but these obstinate , and the other weary of contending with them : whereupon , by both it was resolved to send to the emperor , such as might inform him of the cause , and declare what hindred their peaceable agreement . there are chosen for the catholick side a , such men as had in them nothing to be noted but boldness , neither gravity , nor learning , nor wisdom . the arians for the credit of their faction , take the eldest , the best experienced , the most wary , and the longest practised veterans they had amongst them . the emperor conjecturing of the rest on either part , by the quality of them whom he saw , sent them speedily away , and with them a certain confession of faith b , ambiguously and subtilly drawn by the arians , whereunto unless they all subscribed , they should in no case be suffered to depart from the place where they were . at the length it was perceived , that there had not been in the catholicks , either at arimine , or at selencia , so much foresight , as to provide , that true intelligence might pass between them what was done , upon the advantage of which error , their adversaries abusing each with perswasion that other had yielded , suprized both . the emperor the more desirous and glad of such events , for that , besides all other things wherein they hindred themselves , the gall and bitterness of certain mens writings , who spared him little for honors sake , made him for their sakes the less inclinable to that truth which he himself should have honored and loved . onely in athanasius there was nothing observed throughout the course of that long tragedy , other then such as very well became a wise man to do , and a righteous to suffer . so that this was the plain condition of those times , the whole world against athanasius , and athanasius against it ; half an hundred of years spent in doubtful trial , which of the two in the end would prevail , the side which had all , or else the part which had no friend but god and death ; the one a defender of his innocency , the other a finisher of all his troubles . now although these contentions were cause of much evil , yet some good the church hath reaped by them , in that they occasioned the learned and sound in faith , to explain such things as heresie went about to deprave . and in this respect , the creed of athanasius , first exhibited unto iulius , bishop of rome , and afterwards ( as we may probably gather ) sent to the emperor iovinian , for his more full information concerning that truth which arianism so mightily did impugn , was both in the east and the west churches accepted as a treasure of inestimable price , by as many as had not given up even the very ghost of belief . then was the creed of athanasius written , howbeit not then so expedient to be publickly used as now in the church of god ; because while the heat of division lasteth , truth it self enduring opposition , doth not so quietly and currantly pass throughout all mens hands , neither can be of that account , which afterwards it hath , when the world once perceiveth the vertue thereof , not onely in it self , but also by the conquest which god hath given it over heresie . that which heresie did by sinister interpretations , go about to pervert in the first and most ancient apostolick creed , the same being by singular dexterity and plainness cleared from those heretical corruptions , partly by this creed of athanasius , written about the year three hundred and forty , and partly by that other set down in the synod of constantinople , forty years after , comprehending , together with the nicene creed , an addition of other articles which the nicene creed omitted , because the controversie then in hand needed no mention to be made of them . these catholick declarations of our belief delivered by them , which were so much nearer then we are unto the first publication thereof , and continuing needful for all men at all times to know , these confessions as testimonies of our continuance in the same faith to this present day , we rather use them any other gloss or paraphrased devised by our selves , which though it were to the same effect , notwithstanding could not be of the like authority and credit . for that of hilary unto st. augustine hath been ever , and is likely to be always true , your most religious wisdom knoweth how great their number is in the church of god , whom the very authority of mens names , doth keep in that opinion which they hold already , or draw unto that which they have not before held . touching the hymn of glory , out usual conclusion to psalms , the glory of all things is that , wherein their highest perfection doth consist ; and the glory of god , that divine excellency whereby he is eminent above all things , his omnipotent , infinite , and eternal being , which angels and glorified saints do intuitively behold ; we on earth apprehend principally by faith , in part also by that kinde of knowledge which groweth from experience of those effects , the greatness whereof exceedeth the powers and abilities of all creatures , both in heaven and earth . god is glorified , when such his excellency above all things , is with due admiration acknowledged . which dutiful acknowledgment of gods excellency by occasion of special effects , being the very proper subject , and almost the onely matter purposely treated of in all psalms , if that joyful hymn of glory have any use in the church of god , whose name we therewith extol and magnifie , can we place it more fitly then where now it serveth as a close or conclusion to psalms ? neither is the form thereof newly or unnecessarily invented . we must ( saith st. basil ) as we have received , even so baptize ; and as we baptize , even so believe ; and as we believe , even so give glory . baptizing , we use the name of the father , of the son , and of the holy ghost : confessing the christian faith , we declare our belief in the father , and in the son , and in the holy ghost : ascribing glory unto god , we give it to the father , and to the son , and to the holy ghost . it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the token of a true and sound understanding for matter of doctrine about the trinity , when , in ministring baptism , and making confession , and giving glory , there is a conjunction of all three , and no one of the three severed from the other two . against the arians , affirming the father to be greater then the son in honor , excellency , dignity , majesty , this form and manner of glorifying god was not at that time first begun , but received long before , and alledged at that time as an argument for the truth . if ( saith fabadius ) there be that inequality which they affirm , then do we every day blaspheme god , when , in thanksgivings and offerings of sacrifice , we acknowledge those thing ; common to the father and the son. the arians therefore , for that they perceived how this did prejudice their cause , altered the hymn of glory , whereupon ensued in the church of antioch , about the year three hundred forty nine , that jar which theodoret and sozomen mention . in their quires , while they praised god together , as the manner was , at the end of the psalms which they sung , it appeared what opinion every man held ; for as much as they glorified some the father , and the son , and the holy ghost ; some the father by the son , in the spirit ; the one sort thereby declaring themselves to embrase the sons equality with the father , as the council of nice had defined ; the other sort , against the council of nice , his inequality . leontiuos their bishop , although an enemy to the better part , yet wary and subtile , as in a manner all the heads of the arians faction were , could at no time be plainly heard to use either form , perhaps lest his open contradiction of them whom he favored not , might make them the more eager , and by that mean the less apt to be privately won ; or peradventure for that , though he joyned in opinion with that sort of arians , who denied the son to be equal with the father ; yet from them he dissented , which thought the father and the son , not onely unequal , but unlike , as aetuis did upon a frivolous and false surmise , that because the apostle hath said , one god of whom , one lord by whom , one spirit in whom , his different manner of speech doth argue a different nature and being in them , of whom he speaketh : ou● of which blinde collection , it seemeth that this their new devised form did first spring . but in truth , even that very form which the arians did then use ( saving that they chose it to serve as their special mark of recognisance , and gave it secretly within themselves a sinister construction ) hath not otherwise as much as the shew of any thing which soundeth towards impiety . for albeit , if we respect gods glory within it self , it be the equal right and possession of all three , and that without any odds , any difference ; yet , touching his manifestation thereof unto us by continual effects , and our perpetual acknowledgment thereof unto him likewise by vertuous offices , doth not every tongue both ways confess , that the brightness of his glory hath spred it self throughout the world by the ministery of his onely begotten son , and is in the manifold graces of the spirit every way marvellous ? again , that whatsoever we do to his glory , it is done in the power of the holy ghost , and made acceptable by the merit and mediation of jesus christ ? so that glory to the father and the son , or glory to the father by the son , saving onely where evil mindes do abuse and pervert most holy things , are not else the voices of error and schism , but of sound and sincere religion . it hath been the custom of the church of christ , to end sometimes prayers , and sermons always , with words of glory , wherein , as long as the blessed trinity had due honor , and till arianism had made it a matter of great sharpness and subtilty of wit , to be a sound believing christian ; men were not curious what syllables or particles of speech they used . upon which confidence and trust notwithstanding , when st. basil began to practise the like indifferency , and to conclude publick prayers , glorifying sometime the father , with the son , and the holy ghost ; sometime the father , by the son , in the spirit ; whereas long custom had enured them unto the former kindealone , by means whereof , the latter was new and strange in their ears : this needless experiment brought afterwards upon him a necessary labor of excusing himself to his friends , and maintaining his own act against them , who because the light of his candle too much drowned theirs , were glad to lay hold on so colorourable matter , and exceeding forward to traduce him as an author of suspicious innovation . how hath the world forsaken that course which it sometime held ? how are the judgments , hearts , and affections of men altered ? may we not wonder , that a man of st. basils authority and quality , an arch-prelate in the house of god , should have his name far and wide called in question , and be driven to his painful apologies , to write in his own defence whole volumes , and yet hardly to obtain with all his endeavor a pardon ; the crime laid against him , being but onely a change of some one or two syllables in their usual church liturgy ? it was thought in him an unpardonable offence to alter any thing ; in us as intolerable , that we suffer any thing to remain unaltered . the very creed of athanasius , and that sacred hymn of glory , then which , nothing doth sound more heavenly in the ears of faithful men , are now reckoned as superfluities , which we must in any case pare away , left we cloy god with too much service . is there in that confession of faith , any thing which doth not at all times edefie and instruct the attentive hearer ? or is our faith in the blessed trinity , a matter needless , to be so oftentimes mentioned and opened in the principal part of that duty which we ow to god , our publick prayer ? hath the church of christ from the first beginning , by a secret universal instinct of gods good spirit , always tied it self to end neither sermon , nor almost any speech of moment which hath concerned matters of god , without some special words of honor and glory to that trinity which we all adore ; and is the like conclusion of psalms , become now at length an eye-sore , or a galling to their ears that hear it ? those flames of arianism , they say , are quenched , which were the cause why the church devised in such sort to confess and praise the glorious deity of the son of god. seeing therefore the sore is whole , why retain we as yet the pla●ster ? when the cause , why any thing was ordained doth once cease , the thing it self should cease with it , that the church being eased of unprofitable labors , needful offices may the better be attended . for the doing of things unnecessary , is many times the cause why the most necessary are not done . but in this case so to reason , will not serve their turns . for first , the ground whereupon they build , is not certainly their own , but with special limitations . few things are so restrained to any one end or purpose , that the same being extinct , they should forthwith utterly become frustrate . wisdom may have framed one and the same thing to serve commodiously for divers ends , and of those ends , any one be sufficient cause for continuance , though the rest have ceased , even as the tongue , which nature hath given us , for an instrument of speech is not idle in dumb persons , because it also serveth for taste . again , if time have worn out , or any other mean altogether taken away , what was first intended ; uses , not thought upon before , may afterwards spring up , and be reasonable causes of retaining that which other considerations did formerly procure to be instituted . and it cometh sometime to pass , that a thing unnecessary in it self , as touching the whole direct purpose , whereto it was meant , or can be applied , doth notwithstanding appear convenient to be still held , even without use , lest by reason of that coherence which it hath with somewhat most necessary , the removal of the one , should indamage the other : and therefore men which have clean lost the possibility of sight , keep still their eyes nevertheless in the place where nature set them . as for these two branches whereof our question groweth , arianism was indeed some occasion of the one , but a cause of neither , much less the onely intire cause of both . for albeit , conflict with arians brought forth the occasion of writing that creed , which long after was made a part of the church liturgy , as hymns and sentences of glory were a part thereof before ; yet cause sufficient there is , why both should remain in use , the one as a most divine explication of the chiefest articles of our christian belief , the other as an heavenly acclamation of joyful applause to his praises in whom we believe ; neither the one , nor the other unworthy to he heard souncing as they are in the church of christ , whether arianism live or die . against which poyson likewise , if we think , that the church at this day needeth not those ancient preservatives , which ages before us were so glad to use , we deceive our selves greatly . the weeds of heresie being grown unto such ripeness as that was , do even in the very cutting down , scatter oftentimes those seeds which for a while lie unseen and buried in the earth , but afterward freshly spring up again no less pernicious them at the first . which thing they very well know , and i doubt not will easily confess , who live to their great , both toil and grief , where the blasphemies of arians , samosatenians , tritheits , eutychians , and maccdonians , are renewed by them , who to hatch their heresie , have chosen those churches as fittest nests where athanasius creed is not heard ; by them , i say , renewed , who following the course of extream reformation , were wont in the pride of their own proceedings to glory , that whereas luther did but blow away the roof , and zwinglius batter but the walls of popish superstition , the last and hardest work of all remained , which was , to raze up the very ground and foundation of popery , that doctrine concerning the deity of christ , which satanasius ( for so it pleased those impious forsaken miscreants to speak ) hath in this memorable creed explained , so manifestly true is , that which one of the ancients hath concerning arianism , mortuis authoribus hujus veneni , scelerata tamen eorum doctrina non moritur , the authors of this venom being dead and gone , their wicked doctrine notwithstanding continueth . . amongst the heaps of these excesses and superfluities , there is espied the want of a principal part of duty , there are no thanksgivings for the benefits , for which there are petitions in our book of prayer . this they have thought a point material to be objected . neither may we take it in evil part to be admonished , what special duties of thankfulness we ow to that merciful god , for whose unspeakable graces , the onely requital which we are able to make , is a true , hearty , and sincere acknowledgement , how precious we esteem such benefits received , and how infinite in goodness the author from whom they come . but that to every petition we make for things needful , there should be some answerable sentence of thanks provided particularly to follow such requests obtained ; either it is not a matter so requisite as they pretend ; or if it be , wherefore have they not then in such order framed their own book of common prayer ? why hath our lord and saviour taught us a form of prayer containing so many petitions of those things which we want , and not delivered in like sort , as many several forms of thanksgiving , to serve when any thing we pray for is granted ? what answer soever they can reasonably make unto these demands , the same shall discover unto them how causeless a censure it is , that there are not , in our book , thanksgivings for all the benefits forwhi●● there are petitions * . for concerning the blessings of god , whether they tend unto this life , or the life to come , there is great cause why we should delight more if giving thanks , then in making requests for them , in as much as the one hath pen●●veness and fear , the other always joy annexed ; the one belongeth unto them that seek , the other unto them that have found happiness ; they that pray , do but yet sow , they that give thanks , declare they have reaped . howbeit , because there are so many graces , whereof we stand in continual need , graces for which we may not cease daily and hourly to sue , graces which are in bestowing always , but never come to be sully had in this present life ; and therefore , when all things here have an end , endless thanks must have their beginning in a state , which bringeth the full and final satisfaction of all such perpetual desires : again , because our common necessities , and the lack which we all have , as well of ghostly as of earthly favors , is in each kinde so easily known ; but the gifts of god , according to those degrees and times which he in his secrets wisdom seeth meet , are so diversly bestowed , that it seldom appeareth what all receive , what all stand in need of it seldom lieth hid ; we are not to marvel , though the church do oftner concur in suits , then in thanks unto god for particular benefits . nevertheless , lest god should be any way unglorified , the greatest part of our daily service , they know , consisteth according to the ● blessed apostles own precise rule , in much variety of psalms and hymns , for no other purpose , but onely , that out of so plentiful a treasure , there might be for every mans heart no chuse out his own sacrifice , and to offer unto god by particular secret instinct , what fitteth best the often occasions which any several , either party or congregation , may seem to have . they that would clean take from us therefore , the daily use of the very best means we have to magnifie and praise the name of almighty god for his rich blessings , they that complain of out reading and singing so many psalms for so good an end ; they , i say , that finde fault with our store , should of all men be least willing to reprove our scarcity of thanksgivings . but because peradventure they see , it is not either generally fit or possible that churches should frame thanksgivings answerable to each petition , they shorten somewhat the reins of their censure , there are no forms of thanksgiving , they say , for release of those common calamities , from which we have petitions to be delivered . there are prayers set forth to be said in the common calamities and universal scourges of the realm , as plague , famine , &c. and indeed so it ought to be by the word of god. but as such prayers are needful , whereby we beg release from our distresses , so there ought to be as necessary prayers of thanksgiving , when we have received those things at the lords hand , which we asked in our prayers . as oft therefore , as any publick or universal scourge is removed , as oft as we are delivered from those , either imminent or present calamities , against the storm and tempest whereof we all instantly craved favor from above , let it be a question what we should render unto god for his blessings universally , sensibly , and extraordinarily bestowed . a prayer of three or four lines inserted into some part of our church liturgy ? no , we are not perswaded that when god doth in trouble injoyn us the duty of invocation , and promise us the benefit of deliverance , and profess , that the thing he expecteth after at our hands , is to glorifie him as our mighty and onely saviour , the church can discharge in manner convenient , a work of so great importance , by fore-ordaining some short collect wherein briefly to mention thanks . our custom therefore , whensoever so great occasions are incident , is by publick authority to appoint throughout all churches , set and solemn forms , as well of supplication , as of thanksgiving , the preparations and intended complements whereof may stir up the mindes of men in much more effectual sort , then if onely there should be added to the book of prayer , that which they require . but we err in thinking , that they require any such matter . for albeit their words to our understanding be very plain , that in our book there are prayers set forth to be said when common calamities are felt , as plague , famine , and such like ; again , that indeed so it ought to be by the word of god : that likewise there ought to be as necessary prayers of thanksgiving when we have received those things . finally , that the want of such forms of thanksgiving for the release from those common calamities from which we have petitions to be delivered , is the default of the book of common prayer : yet all this they mean , but only by way of supposition if express prayers against so many earthly miseries were convenient , that then indeed as many express and particular thanksgivings should be likewise necessary . seeing therefore we know that they hold the one superfluous , they would not have it so understood , as though their mindes were that any such addition to the book is needful , whatsoever they say for arguments sake concerning this pretented defect . the truth is , they wave in and out , no way sufficiently grounded , no way resolved what to think , speak , or write , more then onely that , because they have taken it upon them , they must ( no remedy now ) be opposite . . the last supposed fault concerneth some few things , the very matter whereof , is thought to be much amiss . in a song of praise to our lord jesus christ , we have these words , when thou hadst overcome the sharpness of death , tho● didst open the kingdom of heaven to all believers . which maketh some shew of giving countenance to their error , who think , that the faithful which departed this life before the coming of christ , were never till then made partakers of joy , but remained all in that place which they term the lake of the fathers . in our liturgy , request is made , that we may be preserved from sudden death . this seemeth frivolous , because the godly should always be prepared to die . request is made , that god would give those things , which we for our unworthiness , dare not ask . this , they say , carrieth with it the note of popish servile fear , and savoreth not of that confidence and reverent familiarity that the children of god have through christ , with their heavenly father . request is made , that we may evermore be defended from all adversity . for this there is no promise in scripture ; and therefore it is no prayer of faith , or of the which we can assure our selves , that we shall obtain it . finally , request is made , that god would have mercy upon all men . this is impossible , because some are the vessels of wrath , to whom god will never extend his mercy . . as christ hath purchased that heavenly kingdom , the last perfection whereof is , glory in the life to come , grace in this life , a preparation thereunto ; so the same he hath opened to the world in such sort , that whereas none can possibly without him attain salvation , by him all that believe , are saved . now whatsoever he did , or suffered , the end thereof was , to open the doors of the kingdom of heaven , which our iniquities had shut up . but because by ascending after that the sharpness of death was overcome , he took the very local possession of glory , and that to the use of all that are his , even as himself before had witnessed , i go to prepare a place for you . and again , whom thou hast given me , o father , i will that where i am , they be also with me , that my glory which thou hast given me , they may behold . it appeareth , that when christ did ascend , he then most liberally opened the kingdom of heaven , to the end , that with him , and by him , all believers might raign . in what estate the fathers rested which were dead before , it is not hereby either one way or other determined . all that we can rightly gather , is , that as touching their souls , what degree of joy or happiness soever it pleased god to bestow upon them , his ascension which succeeded , procured theirs , and theirs concerning the body , must needs be not onely of , but after his . as therefore helvidius , against whom st. ierome writeth , abused greatly those words of matthew , concerning ioseph , and the mother of our saviour christ , he knew her not till she had brought forth her first-born , thereby gathering against the honor of the blessed virgin , that a thing denied with special circumstance , doth import an opposite affirmation when once that circumstance is expired : after the self-same manner , it should be a weak collection , if whereas we say , that when christ had overcome the sharpness of death , he then opened the kingdom of heaven to all believers ; a thing in such sort affirmed with circumstance , were taken as insinuating an opposite denial before that circumstance be accomplished , and consequently , that because when the sharpness of death was overcome , he then opened heaven as well to believing gentiles as iews , heaven till then was no receptacle to the souls of either . wherefore , be the spirits of the just and righteous before christ , truly or falsly thought excluded out of heavenly joy , by that which we in the words alledged before , do attribute to christs ascension , there is to no such opinion , nor to the favorers thereof , any countenance at all given . we cannot better interpret the meaning of these words , then pope leo himself expoundeth them , whose speech concerning our lords ascension may serve instead of a marginal gloss , christs exaltation is our promotion ; and whither the glory of the head is already gone before , thither the hope of the ●ody also is to follow . for at this day , we have not onely the possession of paradise assured unto us , but in christ we have entred the highest of the heavens . his opening the kingdom of heaven , and his entrance thereinto , was not onely to his own use , but for the benefit of all believers . . our good or evil estate after death , dependeth most upon the quality of our lives . yet somewhat there is , why a vertuous minde should rather wish to depart this world with a kinde of treatable dissolution , then to be suddenly cut off in a moment ; rather to be taken then snatched away from the face of the earth . death is that which all men suffer . but not all men with one minde , neither all men in one manner . for being of necessity a thing common , it is through the manifold perswasions , dispositions , and occasions of men , with equal desert both of praise and dispraise , shunned by some , by others desired . so that absolutely we cannot discommend , we cannot absolutely approve , either willingness to live , or forwardness to die . and concerning the ways of death , albeit the choice thereof be onely in his hands , who alone hath power over all flesh , and unto whose appointment we ought with patience meekly to submit our selves ( for to be agents voluntarily in our own destruction , is against both god and nature ) yet there is no doubt , but in so great variety , our desires will and may lawfully prefer one kinde before another . is there any man of worth and vertue , although not instructed in the school of christ , or ever taught what the soundness of religion meaneth , that had not rather end the days of this transitory life , as cyrus in xenophon , or in plato , socrates , are described , then to sink down with them , of whom elihu hath said , momento moriuntur , there is scarce an instant between their flourishing , and their not being ? but let us which know what it is to die , as absalon , or ananias and saphira died ; let us beg of god , that when the hour of our rest is come , the patterns of our dissolution may be iacob , moses , iosoua , david ; who leisureably ending their lives in peace , prayed for the mercies of god to come upon their posterity ; replenished the hearts of the nearest unto them ; with words of memorable consolation ; strengthned in the fear of god , gave them wholesome instructions of life , and confirmed them in true religion ; in sum , taught the world no less vertuously how to die , then they had done before how to live . to such as judge things according to the sense of natural men , and ascend no higher , suddenness , because it shortneth their grief , should in reason be most acceptable . that which causeth bitterness in death , is the languishing attendance and expectation thereof , ere it come . and therefore tyrants use what art they can , to increase the slowness of death . quick riddance out of life , is often both requested and bestowed as a benefit . commonly therefore it is , for vertuous considerations , that wisdom so far prevaileth with men , as to make them desirous of slow and deliberate death against the stream of their sensual inclination , con●ent to endure the longer grief , and bodily pain , that the soul may have time to call it self to a just account of all things past , by means whereof , repentance is perfected , there is wherein to exercise patience , the joys of the kingdom of heaven have leisure to present themselves , the pleasures of sin and this worlds vanities , are censured with uncorrupt judgment , charity is free to make advised choice of the soyl wherein her last seed may most fruitfully be bestowed , the minde is at liberty to have due regard of that disposition of worldly things , which it can never afterwards alter ; and because the nearer we draw unto god , the more we are oftentimes enlightned with the shining beams of his glorious presence , as being then even almost in sight , a leisureable departure may in that case bring forth for the good of such as are present , that which shall cause them for ever after from the bottom of their hearts to pray , o let us die the death of the righteous , and let our last end be like theirs . all which benefits and opportunities are by sudden death prevented . and besides , for as much as death howsoever , is a general effect of the wrath of god against sin , and the suddenness thereof , a thing which hapneth but to few : the world in this respect feareth it the more as being subject to doubtful constructions , which as no man willingly would incur , so they whose happy estate after life , is of all mens the most certain , should especially wish , that no such accident in their death may give uncharitable mindes occasion of rash , sinister , and suspicious verdicts , whereunto they are over-prone : so that , whether evil men or good be respected , whether we regard our selves or others , to be preserved from sudden death , is a blessing of god. and our prayer against it , importeth a twofold desire ; first , that death when it cometh , may give us some convenient respight ; or secondly , if that be denied us of god , yet we may have wisdom to provide always beforehand ; that those evils overtake us not , which death unexpected doth use to bring upon careless men ; and that although it be sudden in it self , nevertheless in regard of our prepared mindes , it may not be sudden . . but is it credible , that the very acknowledgment of our own unworthiness to obtain , and in that respect our professed fearfulness to ask anything , otherwise then onely for his sake , to whom god can deny nothing , that this should be noted for a popish error ; that this should be termed baseness , abjection of minde , or servility , is it credible ? that which we for our unworthiness are afraid to crave , our prayer is , that god for the worthiness of his son , would notwithstanding vouchsafe to grant . may it please them to shew us which of these words it is , that carrieth the note of popish and servile fear ? in reference to other creatures of this inferior world , mans worth and excellency is admired . compared with god , the truest inscription wherewith we can circle so base a coyn , is , that of david * , universa vanitas est omnis homo ; whosoever hath the name of a mortal man , there is in him whatsoever the name of vanity doth comprehend . and therefore what we say of our own unworthiness , there is no doubt but truth will ratifie , alledged in prayer , it both becometh and behoveth saints . for as humility is in suiters a decent vertue ; so the testification thereof , by such effectual acknowledgments , not onely argueth a sound apprehension of his super-eminent glory and majesty before whom we stand , but putteth also into his hands , a kinde of pledge of bond for security against our unthankfulness , the very natural root whereof , is always either ignorance , dissimulation , or pride : ignorance , when we know not the author from whom our good cometh : dissimulation , when our hands are more open then our eyes ; upon that we receive : pride , when we think our selves worthy of that , which meer grace and undeserved mercy bestoweth . in prayer therefore , to abate so vain imaginations with the true conceit of unworthiness , is rather to prevent , then commit a fault . it being no error thus to think , no fault thus to speak of our selves when we pray ; is it a fault , that the consideration of our unworthiness ; maketh us fearful to open our mouths by way of suit ? while iob had prosperity , and lived in honor , men feared him for his authorities sake , and in token of their fear , when they saw him , they hid themselves . between elihis , and the rest of iobs familiars , the greatest disparity was but in years . and he , though riper then they in judgment , doing them reverence in regard of age , stood long * doubtful , and very loth to adventure upon speech in his elders hearing . if so small inequality between man and man , make their modesty a commendable vertue , who , respecting superiors as superiors , can neither speak nor stand before them without fear ; that the publican approacheth not more boldly to god ; that when christ in mercy draweth near to peter , he in humility and fear , craveth distance : that being to stand , to speak , to sue in the presence of so great majesty , we are afraid , let no man blame us . in which consideration notwithstanding , because to flie altogether from god , to despair that creatures unworthy shall be able to obtain any thing at his hands , and under that pretence , to surcease from prayers , as bootless or fruitless offices , were to him no less injurious , then pernicious to our own souls ; even that which we tremble to do we do , we ask those things which we dare not ask . the knowledge of our own unworthiness , is not without belief in the merits of christ. with that true fear which the one causeth , there is coupled true boldness ; and encouragement drawn from the other . the very silence which our unworthiness putteth us unto , doth it self make request for us , and that in the confidence of his grace . looking inward , we are stricken dumb ; looking upward , we speak and prevail . o happy mixture , wherein things contrary do so qualifie and correct the one the danger of the others excess , that neither boldness can make us presume , as long as we are kept under with the sense of our own wretchedness ; nor , while we trust in the mercy of god through jesus christ , fear be able to tyrannize over us ! as therefore our fear excludeth not that boldness * which becometh saints ; so if our familiarity with god , do not savor of this fear , it draweth too near that irreverend confidence , wherewith true humility can never stand . . touching continual deliverance in the world from all adversity , their conceit is , that we ought not to ask it of god by prayer ; for as much as in scripture there is no promise that we shall be evermore free from vexations , calamities , and troubles . mindes religiously affected , are wont in every thing of weight and moment , which they do or see , to examine according unto rules of piety , what dependency it hath on god , what reference to themselves , what coherence with any of those duties whereunto all things in the world should lead , and accordingly they frame the inward disposition of their mindes , sometime to admire god , sometimes to bless him , and give him thanks , sometime to exult in his love , sometime to implore his mercy . all which different elevations of spirit unto god , are contained in the name of prayer . every good and holy desire , though it lack the form , hath notwithstanding in it seft the substance , and with him the force of a prayer , who regardeth the very moanings , groans , and sighs of the heart of man. petitionary prayer belongeth onely to such as are in themselves impotent , and stand in need of relief from others . we thereby declare unto god , what our own desire is , that he by his power should effect . it presupposeth therefore in us , first , the want of that which we pray for : secondly , a feeling of that want : thirdly , an earnest willingness of minde to be eased therein : fourthly , a declaration of this our desire in the sight of god , not as if he should be otherwise ignorant of our necessities ; but because we this way shew that we honor him as our god , and are verily perswaded , that no good thing can come to pass , which he by his omnipotent power effecteth not . now because there is no mans prayer acceptable , whose person is odious ; neither any mans person gracious without faith ; it is of necessity required , that they which pray , do believe . the prayers which our lord and saviour made , were for his own worthiness accepted ; ours god accepteth not , but with this condition , if they be joyned with belief in christ. the prayers of the just are accepted always , but not always those things granted for which they pray : for in prayer , if faith and assurance to obtain , were both one and the same thing , seeing that the effect of not obtaining , is a plain testimony , that they which prayed , were not sure they should obtain ; it would follow , that their prayer being without certainty of the event , was also made unto god without faith , and consequently , that god abhorred it . which to think of so many prayers of saints , as we finde have failed in particular requests , how absurd were it ? his faithful people have this comfort , that whatsoever they rightly ask , the same ( no doubt , but ) they shall receive , so far as may stand with the glory of god , and their own everlasting good ; unto either of which two , it is no vertuous mans purpose to seek , or desire to obtain any thing prejudicial ; and therefore that clause which our lord and saviour in the prayer of his agony did express , we in petitions of like nature , do always imply , pater , si possibile est , if it may stand with thy will and pleasure . or if not , but that there be secret impediments and causes , in regard whereof , the thing we pray for , is denied us ; yet the prayer it self , which we make , is a pleasing sacrifice to god , who both accepteth and rewardeth it some other way . so that sinners , in very truth , are denied when they seem to prevail in their supplications , because it is not for their sakes , or to their good , that their sutes take place ; the faithful contrariwise , because it is for their good oftentimes that their petitions do not take place , prevail even then when they most seem denied . our lord god in anger hath granted some impenitent mens requests , as on the other side the apostles sute , he hath of ●avor and mercy not granted ( saith st. augustine . ) to think we may pray unto god for nothing , but what he hath promised in holy scripture , we shall obtain , is perhaps an error . for of prayer there are two uses . it serveth as a mean to procure those things which god hath promised , to grant when we ask ; and it serveth as a mean to express our lawful desires also towards that , which whether we shall have or no , we know not , till we see the event . things in themselves unholy or unseemly , we may not ask ; we may whatsoever , being not forbidden , either nature or grace shall reasonably move us to wish as importing the good of men ; albeit , god himself have no where by promise assured us of that particular which our prayer craveth . to pray for that , which is in it self , and of its own nature , apparently a thing impossible , were not convenient . wherefore , though men do without offence wish daily , that the affairs which with evil success are past , might have faln out much better , yet to pray that they may have been any other then they are , this being a manifest impossibilty in it self , the rules of religion do not permit . whereas contrariwise , when things of their own nature contingent and mutable , are by the secret determination of god , appointed one way , though we the other way make our prayers , and consequently ask those things of god , which are by this supposition impossible , we notwithstanding do not hereby in prayer , transgress our lawful bounds . that christ , as the onely begotten son of god , having no superior , and therefore owing honor unto none , neither standing in any need , should either give thanks , or make petition unto god , were most absurd . as man , what could beseem him better , whether we respect his affection to god-ward , or his own necessity , or his charity and love towards men ? some things he knew should come to pass , and notwithstanding prayed for them , because he also knew that the necessary means to effect them , were his prayers . as in the psalm it is said , ask of me , and i will give thee the heathen for thine inheritance , and the ends of the earth for thy possession . wherefore , that which here god promiseth his son , the same in the seventeenth of iohn he prayeth for , father , the hour is now come , glorifie thy son , that thy son also may glorifie thee , according as thou hast given him power over all flesh . but had christ the like promise , concerning the effect of every particular for which he prayed ? that which was not effected , could not be promised . and we know in what sort he prayed for removal of that bitter cup , which cup he tasted , notwithstanding his prayer . to shift off this example , they answer first , that as other children of god , so christ had a promise of deliverance , as far as the glory of god in the accomplishment of his vocation would suffer . and if we our selves have not also in that sort the promise of god to be evermore delivered from all adversity , what meaneth the sacred scripture to speak in so large terms , be obedient , and the lord thy god will make thee plenteous a in every work of thy hand , in the fruit of thy body , and in the fruit of thy cattel , and in the fruit of the land for thy wealth . again , keep his laws , and thou shalt be blest above all people , the lord shall take from the b all infirmities . the man whose delight is in the law of god , c whatsoever he doth , it shall prosper . for the ungodly there are great plagues remaining ; but whosoever putteth his trust in the lord , mercy imbraceth him d on every side . not onely that mercy which keepeth from being over-laid or opprest , but mercy which saveth from being touched with grievous miseries , mercy which turneth away the course of e the great water flouds , and permitteth them not to come near . nevertheless , because the prayer of christ did concern but one calamity , they are still bold to deny the lawfulness of our prayer for deliverance out of all , yea , though we pray with the same exception that he did . if such deliverance may stand with the pleasure of almighty god , and not otherwise . for they have , secondly , found out a rule , that prayer ought onely to be made for deliverance f from this or that particular adversity , whereof we know not , but upon the event , what the pleasure of god is . which quite overthroweth that other principle , wherein they require unto every prayer , which is of faith , an assurance to obtain the thing we pray for . at the first to pray against all adversity was unlawful , because we cannot assure our selves that this will be granted . now we have licence to pray against any particular adversity , and the reason given , because we know not but upon the event what god will do . if we know not what god will do , it followeth , that for any assurance we have , he may do otherwise then we pray , and we faithfully pray for that which we cannot assuredly presume that god will grant . seeing therefore neither of these two answers will serve the turn , they have a third , which is , that to pray in such sort , is but idly mispent labor , because god hath already revealed his will touching this request ; and we know , that the sute we make , is denied before we make it . which neither is true , and if it were , was christ ignorant what god had determined touching those things which himself should suffer ? to say , he knew not what weight of sufferances his heavenly father had measured unto him , is somewhat hard ; harder , that although he knew them , notwithstanding for the present time they were forgotten , through the force of these unspeakable pangs which he then was in . the one against the plain express words of the holy evangelist , he knew all things that should come upon him ; the other less credible , if any thing may be of less credit then what the scripture it self gain-sayeth . doth any of them which wrote his sufferings , make report that memory failed him ? is there in his words and speeches any sign of defect that way ? did not himself declare before , whatsoever was to happen in the course of that whole tragedy ? can we gather by any thing , after taken from his own mouth , either in the place of publick judgment , or upon the altar of the cross , that through the bruising of his body , some part of the treasures of his soul were scattered and slipt from him ? if that which was perfect both before and after , did fail at this onely middle instant , there must appear some manifest cause how it came to pass . true it is , that the pangs of his heaviness and grief were unspeakable ; and as true , that because the mindes of the afflicted , do never think they have fully conceived the weight or measure of their own wo , they use their affection as a whetstone , both to wit and memory ; these as nurses do feed grief , so that the weaker his conceit had been touching that which he was to suffer , the more it must needs in that hour have helped to the mitigation of his anguish . but his anguish we see was then at the very highest whereunto it could possibly rise ; which argueth his deep apprehension , even to the last drop of the gall which that cup contained , and of every circumstance wherein there was any force to augment heaviness ; but above all things , the resolute determination of god , and his own unchangeable purpose , which he at that time could not forget . to what intent then was his prayer , which plainly testifieth so great willingness to avoid death ? will , whether it be in god or man , belongeth to the essence or nature of both . the nature therefore of god being one , there are not in god divers wills , although the god-head be in divers persons , because the power of willing , is a natural , not a personal propriety . contrariwise , the person of our saviour christ being but one , there are in him two wills ; because two natures , the nature of god , and the nature of man , which both do imply this faculty and power . so that in christ there is a divine , and there is an humane will , otherwise he were not both god and man. hereupon the church hath of old condemned monothelites as hereticks , for holding , that christ had but one will. the works and operations of our saviours humane will , were all subject to the will of god , and framed according to his law , i desire to do thy will , o god , and thy law is within mine heart . now as mans will , so the will of christ hath two several kindes of operation , the one natural or necessary , whereby it desireth simply whatsoever is good in it self , and shunneth as generally all things which hurt ; the other deliberate , when we therefore embrace things as good , because the eye of understanding judgeth them good , to that ●●d which we simply desire . thus in it self we desire health , physick onely for healths sake . and in this sort special reason oftentimes causeth the will by choice to prefer one good thing before another , to leave one for anothers sake , to forgo meaner for the attainment of higher desires , which our saviour likewise did . these different inclinations of the will considered , the reason is easie , how in christ there might grow desires seeming , but being not indeed opposite , either the one of them unto the other , or either of them to the will of god. for let the manner of his speech be weighed , my soul is now troubled , and what should i say ? father , save me out of this hour . but yet for this very cause i am come into this hour . his purpose herein was most effectually to propose to the view of the whole world two contrary objects , the like whereunto in force and efficacy were never presented in that manner to any , but onely to the soul of christ. there was presented before his eyes in that fearful hour , on the one side gods heavy indignation and wrath towards mankinde , as yet unappeased , death as yet in full strength , hell as yet never mastered by any that came within the confines and bounds thereof , somewhat also peradventure more then is either possible or needful for the wit of man to finde out ; finally , himself flesh and blood a left alone to enter into conflict with all these : on the other side , a world to be saved by one , a pacification of wrath through the dignity of that sacrifice which should be offered , a conquest over death through the power of that deity , which would not suffer the tabernacle thereof to see corruption , and an utter disappointment of all the forces of infernal powers , through the purity of that soul which they should have in their hands , and not be able to touch . let no man marvel , that in this case the soul of christ was much troubled . for what could such apprehensions breed , but ( as their nature is ) inexplicable passions of minde , desires abhorring what they embrace , and embracing what they abhor ? in which agony , how should the tongue go about to express what the soul endured ? when the griefs of iob were exceeding great , his words accordingly to open them were many ; howbeit , still unto his seeming they were undiscovered : though my talk ( saith iob b ) be this day in bitterness , yet my plague is greater then my groaning . but here to what purpose should words serve , when nature hath more to declare then groans and strong cries , more then streams of bloody sweats , more then his doubled and tripled prayers can express , who thrice putting forth his hand to receive that cup , besides which , there was no other cause of his coming into the world , he thrice pulleth it back again , and as often even with tears of blood craveth , if it be possible , o father , or if not , even what thine own good pleasure is ; for whose sake the passion that hath in it a bitter , and a bloody conflict , even with wrath , and death , and hell , is most welcome . whereas therefore we finde in god a will resolved that christ shall suffer ; and in the humane will of christ two actual desires , the one avoiding , and the other accepting death ; is that desire which first declareth it self by prayer , against that wherewith he concludeth prayer , or either of them against his minde , to whom prayer in this case seeketh ? we may judge of these diversities in the will , by the like in the understanding . for as the intellectual part doth not cross it self , by conceiving man to be just and unjust , when it meaneth not the same man , nor by imagining the same man learned and unlearned , if learned in one skill , and in another kinde of learning unskilful , because the parts of every true opposition do always both concern the same subject , and have reference to the same thing , sith otherwise they are but in shew opposite , and not in truth : so the will about one and the same thing may in contrary respects have contrary inclinations , and that without contrariety . the minister of justice may , for publike example to others , virtuously will the execution of that party , whose pardon another for cousanguinities sake as virtuously may desire . consider death in it self , and nature teacheth christ to shun it . consider death as a mean to procure the salvation of the world , and mercy worketh in christ all willingness of minde towards it . therefore in these two desires , there can be no repugnant opposition . again , compare them with the will of god , and if any opposition be , it must be onely between his appointment of christs death , and the former desire which wisheth deliverance from death . but neither is this desire opposite to the will of god. the will of god was , that christ should suffer the pains of death . not so his will , as if the torment of innocency did in it self please and delight god ; but such was his will , in regard of the end whereunto it was necessary , that christ should suffer . the death of christ in it self therefore , god willeth not , which to the end we might thereby obtain life , he both alloweth and appointeth . in like manner , the son of man endureth willingly to that purpose those grievous pains● which simply not to have shunned had been against nature , and by consequent against god. i take it therefore to be an error , that christ either knew not what himself was to suffer , or else had forgotten the things he knew . the root of which error , was an over-restrained consideration of prayer , as though it had no other lawful use , but onely to serve for a chosen mean , whereby the will resolveth to seek that which the understanding certainly knoweth it shall obtain : whereas prayers , in truth , both unto are , and his were , as well sometime a presentation of meer desires , as a mean of procuring desired effects at the hands of god. we are therefore taught by his example , that the presence of dolorous and dreadful objects , even in mindes most perfect , may as clouds over-cast all sensible joy ; that no assurance touching future victories can make present conflicts so sweet and easie , but nature will shun and shrink from them ; nature will desire case and deliverance from oppressive burthens ; that the contrary determination of god is oftentimes against the effect of this desire , yet not against the affection it self , because it is naturally in us ; that in such case our prayers cannot serve us as means to obtain the thing we desire ; that notwithstanding they are unto god most acceptable sacrifices , because they testifie we desire nothing but at his hands , and our desires we submit with contentment to be over-ruled by his will ; and in general they are not repugnant unto the natural will of god , which wisheth to the works of his own hands , in that they are his own handy-work , all happiness , although perhaps for some special cause in our own particular , a contrary determination have seemed more convenient ; finally , that thus to propose our desires which cannot take such effects as we specifie , shall notwithstanding otherwise procure us his heavenly grace , even as this very prayer of christ obtained angels to be sent him , as comforters in his agony . and , according to this example , we are not afraid to present unto god our prayers for those things , which that he will perform unto us , we have no sure nor certain knowledge . st. pauls prayer for the church of corinth was , that they might not do any evil , although he knew that no man liveth which sinneth not , although he knew that in this life we always must pray , forgive us our sins . it is our frailty , that in many things we all do amiss ; but a vertue , that we would do amiss in nothing ; and a testimony of that vertue , when we pray , that what occasion of sin soever do offer it self , we may be strengthned from above to withstand it . they pray in vain to have sin pardoned , which seek not also to prevent sin by prayer , even every particular sin , by prayer against all sin , except men can name some transgression wherewith we ought to have truce . for in very deed , although we cannot be free from all sin collectively , in such sort that no part thereof , shall be found inherent in us , yet distributively , at the least , all great and grievous actual offences , as they offer themselves one by one , both may and ought to be by all means avoided . so that in this sense , to be preserved from all sin , is not impossible . finally , concerning deliverance it self from all adversity , we use not to say , men are in adversity whensoever they feel any small hinderance of their welfare in this world , but when some notable affliction or cross , some great calamity or trouble befalleth them . tribulation hath in it divers circumstances , the minde sundry faculties to apprehend them : it offereth sometime it self to the lower powers of the soul , as a most unpleasant spectacle ; to the higher sometimes , as drawing after it a train of dangerous inconveniences ; sometime as bringing with it remedies for the curing of sundry evils , as gods instrument of revenge and fury sometime ; sometime as a rod of his just , yet moderate , ire and displeasure ; sometime , as matter for them that spightfully hate us to exercise their poysoned malice ; sometime as a furnace of tryal for vertue to shew it self , and through conflict to obtain glory . which different contemplations of adversity , do work for the most part their answerable effects . adversity either apprehended by sense as a thing offensive and grievous to nature , or by reason conceived as a snare , an occasion of many mens falling from god , a sequel of gods indignation and wrath , a thing which satan desireth , and would be glad to behold ; tribulation thus considered being present causeth sorrow , and being imminent breedeth fear . for moderation of which two affections , growing from the very natural bitterness and gall of adversity , the scripture much alledgeth contrary fruits , which affliction likewise hath whensoever it falleth on them that are tractable , the grace of gods holy spirit concurring therewith . but when the apostle st. paul teacheth , that every one which will live godly in christ jesus , must suffer persecution , and , by many tribulations we must enter into the kingdom of heaven , because in a forest of many wolves , sheep cannot chuse bat feed in continual danger of life ; or when a st. iames exhorteth , to account it a matter of exceeding joy , when we fall into divers temptations , because by the tryal of faith , patience is brought forth ; was it , suppose we , their meaning to frustrate our lords admonition , pray that ye enter not into temptation ? when himself pronounceth them blessed that should for his names sake be subject to all kindes of ignominy and opprobrious malediction , was it his purpose that no man should ever pray with david b , lord , remove from me shame and contempt ? in those tribulations , saith st. augustine c , which may hurt as well as profit , we must say with the apostle , what we should ask as we ought , we know not ; yet because they are tough , because they are grievous , because the sense of our weakness flieth them , we pray according to the general desire of the will of man , that god would turn them away from us , owing in the mean while this devotion to the lord our god ; that if he remove them not , yet we do not therefore imagine our selves in his sight despised , but rather with godly sufferance of evils , expect greater good at his merciful hands . for thus is vertue in weakness perfected . to the flesh ( as the apostle himself granteth ) all affliction is naturally grievous . therefore nature which causeth to fear , teacheth to pray against all adversity . prosperity in regard of our corrupt inclination to abuse the blessings of almighty god , doth prove for the most part a thing dangerous to the souls of men. very ease it self , is death to the wicked , and the prosperity of fools slayeth them : their table is a snare , and their felicity their utter overthrow . few men there are , which long prosper and sin not . howbeit , even as these ill effects , although they be very usual and common , are no bar to the hearty prayers , whereby most vertuous mindes with peace and prosperity always where they love , because they consider , that this in it self is a thing naturally desired : so because all adversity is in it self against nature , what should hinder to pray against it , although the providence of god turn it often unto the great good of many men ? such prayers of the church to be delivered from all adversity , are no more repugnant to any reasonable disposition of mens mindes towards death , much less to that blessed patience and meek contentment which saints by heavenly inspiration have to endure , ( what cross or calamity soever it pleaseth god to lay upon them ) then our lord and saviours own prayer before his passion , was repugnant unto his most gracious resolution to die for the sins of the whole world. . in praying for deliverance from all adversity , we seek that which nature doth wish to it self ; but by intreating for mercy towards all , we declare that affection wherewith christian charity thirsteth after the good of the whole world , we discharge that duty which the * apostle himself doth impose on the church of christ , as a commendable office , a sacrifice acceptable in gods sight , a service according to his heart , whose desire is to have all men saved : a work most suitable with his purpose , who gave himself to be the price of redemption for all , and a forcible mean to procure the conversion of all such , as are not yet acquainted with the mysteries of that truth which must save their souls . against it , there is but the bare shew of this one impediment , that all mens salvation , and many mens eternal condemnation or death , are things , the one repugnant to the other ; that both cannot be brought to pass ; that we know there are vessels of wrath , to whom god will never extend mercy , and therefore that wittingly we ask an impossible thing to be had . the truth is , that as life and death , mercy and wrath , are matters of meer understanding or knowledge , all mens salvation , and some mens endless perdition are things so opposite , that whosoever doth affirm the one , must necessarily deny the order ; god himself cannot effect both , or determine , that both shall be . there is in the knowledge both of god and man , this certainty . that life and death have divided between them , the whole body of mankinde . what portion either of the two hath , god himself knoweth ; for us he hath left no sufficient means to comprehend , and for that cause neither given any leave to search in particular , who are infalliby the heirs of the kingdom of god , who cast-aways . howbeit , concerning the state of all men , with whom we live ( for onely of them our prayers are meant ) we may till the worlds end , for the present , always presume , that as far as in us there is power to discern what others are ; and as far as any duty of ours dependeth upon the notice of their condition in respect of god , the safest axioms for charity to rest it self upon , are these . he which believeth already , is ; and he which believeth not as yet , may be the childe of god. it becometh not us , during life , altogether to condemn any man , seeing that ( for any thing we know ) there is hope of every mans forgiveness ; the possibility of whose repentance , is not yet cut off by death . and therefore charity which hopeth all things , prayeth also for all men. wherefore to let go personal knowledge touching vessels of wrath and mercy , what they are inwardly in the sight of god , it skilleth not ; for us there is cause sufficient in all men , whereupon to ground our prayers unto god in their behalf . for whatsoever the minde of man apprehencieth as good , the will of charity and love , is to have it inlarged in the very uttermost extent , that all may enjoy it to whom it can any way add perfection . because therefore , the father a good thing doth reach , the nobler and worthier we reckon it ; our prayers for all mens good , no less then for our own , the apostle with very fit terms commendeth as being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a work commendable for the largeness of the affection from whence it springeth , even as theirs , which have requested at gods hands , the salvation of many , with the loss of their own souls , drowning , as it were , and over-whelming themselves in the abundance of their love towards others , is proposed as being in regard of the rareness of such affections 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , more then excellent . but this extraordinary height of desire after other mens salvation , is no common mark . the other is a duty which belongeth unto all , and prevaileth with god daily . for as it is in it self good , so god accepteth and taketh it in very good part , at the hands of faithful men . our prayers for all men do include , both them that shall finde mercy , and them also that shall finde none . for them that shall , no man will doubt but our prayers are both accepted and granted . touching them for whom we crave that mercy which is not to be obtained , let us not think that our saviour did mis-instruct his disciples , willing them to pray for the peace , even of such as should be uncapable of so great a blessing ; or that the prayers of the prophet ieremy offended god , because the answer of god was a resolute denial of favor to them , for whom supplication was made . and if any man doubt , how god should accept such prayers in case they be opposite to his will , or not grant them , if they be according unto that which himself willeth , our answer is , that such suits god accepteth , in that they are conformable unto his general inclination , which is , that all men might be saved ; yet always he granteth them not , for as much as there is in god sometimes a more private occasioned will , which determineth the contrary . so that the other being the rule of our actions , and not this ; our requests for things opposite to this will of god , are not therefore the less gracious in his sight . there is no doubt but we ought in all things to frame our wills to the will of god , and that otherwise in whatsoever we do , we sin . for of our selves , being so apt to err , the onely way which we have to streighten our paths , is by following the rule of his will , whose footsteps naturally are right . if the eye , the hand , or the foot , do that which the will commandeth , though they serve as instruments to sin , yet is sin the commanders fault , and not theirs , because nature hath absolutely , and without exception , made them subjects to the will of man , which is lord over them . as the body is subject to the will of man , so mans will to the will of god ; for so it behoveth , that the better should guide and command the worse . but because the subjection of the body to the will , is by natural necessity , the subjection of the will unto god voluntary ; we therefore stand in need of direction , after what sort our wills and desires may be rightly conformed to his . which is not done , by willing always the self-same thing that god intendeth . for it may chance , that his purpose is sometime the speedy death of them , whose long continuance in life if we should not wish we were unnatural . when the object or matter therefore of our desires is ( as in this case ) a thing both good of it self , and not forbidden of god ; when the end for which we desire it , is vertuous and apparently most holy ; when the root from which our affection towards it proceedeth , is charity , piety that which we do in declaring our desire by prayer ; yea , over and besides all this , sith we know , that to pray for all men living , is but to shew the same affection which towards every of them our lord jesus christ hath born , who knowing onely as god who are his , did as man taste death for the good of all men ; surely , to that will of god which ought to be , and is the known rule of all our actions , we do not herein oppose our selves , although his secret determination haply be against us ; which if we did understand , as we do not ; yet to rest contented with that which god will have done , is as much as he requireth at the hands of men . and concerning our selves , what we earnestly crave in this case , the same , as all things else that are of like condition , we meekly submit unto his most gracious will and pleasure . finally , as we have cause sufficient why to think the practice of our church allowable in this behalf , so neither is ours the first which hath been of that minde . for to end with the words of prosper * , this law of supplication for all men ( saith he ) the devout zeal of all priests , and of all faithful men , doth hold with such full agreement ; that there is not any part of all the world , where christian people do not use to pray in the same manner . the church every where maketh prayers unto god , not onely for saints , and such as already in christ are regenerate ; but for all infidels and enemies of the cross of iesus christ , for all idolaters , for all that persecute christ in his followers , for iews to whose blindness the light of the gospel doth not yet shine , for hereticks and schismaticks , who from the unity of faith and charity are estranged . and for such , what doth the church ask of god but this , that leaving their errors , they may be converted unto him , that faith and charity may be given them , and that out of the darkness of ignorance , they may come to the knowledge of his truth ? which because they cannot themselves do in their own behalf , as long as the sway of evil custom ever-beareth them , and the chains of satan detain them bound , neither are they able to break through those errors wherein they are so determinately setled , that they pay unto falsity , the whole sum of whatsoever love is owing unto gods truth . our lord merciful and just , requireth to have all men prayed for ; that when we behold innumerable multitudes drawn up from the depth of so bottomless evils ; we may not doubt , but ( in part ) god hath done the thing we requested ; nor despair , but that being thankful for them , towards whom already he hath shewed mercy ; the rest which are not as yet enlightned , shall before they pass out of life , be made partakers of the like grace . or if the grace of him which saveth [ for so we set is falleth out ] over-pass some , so that the prayer of the church for them be not received , this we may leave to the hidden iudgments of gods righteousness , and acknowledge that in this secret there is a gulf , which , whole we live , we shall never sound . . instruction and prayer , whereof we have hitherto spoken , are duties which serve as elements , parts , or principles to the rest that follow , in which number the sacraments of the church are chief . the church is to us , that very * mother of our new birth , in whose bowels we are all bred , at whose brests we receive nourishment . as many therefore as are apparently to our judgment born of god , they have the seed of their regeneration by the ministery of the church , which useth to that end and purpose , not onely the word , but the sacrament , both having generative force and vertue . as oft as we mention a sacrament properly understood ( for in the writings of the ancient fathers , all articles which are peculiar to christian faith , all duties of religion containing that which sense or natural reason cannot of it self discern , are most commonly named sacraments ) our restraint of the word to some few principal divine ceremonies , importeth in every such ceremony two things , the substance of the ceremony it self which is visible ; and , besides that , somewhat else more secret , in reference whereunto we conceive that ceremony to be a sacrament . for we all admire and honor the holy sacraments , not respecting so much the service which we do unto god in receiving them , as the dignity of that sacred and secret gift which we thereby receive from god. seeing that sacraments therefore consist altogether in relation to some such gift or grace supernatural , as onely god can bestow , how should any but the church administer those ceremonies as sacraments , which are not thought to be sacraments by any , but by the church ? there is in sacraments to be observed their force and their form of administration . upon their force , their necessity dependeth . so that how they are necessary we cannot discern , till we see how effectual they are . when sacraments are said to be visible signs of invisible grace , we thereby conceive how grace is indeed the very end for which these heavenly mysteries were instituted ; and besides sundry other properties observed in them , the matter whereof they consist , is such as signifieth , figureth , and representeth their end. but still their efficacy resteth obscure to our understanding , except we search somewhat more distinctly what grace in particular that is , whereunto they are referred , and what manner of operation they have towards it . the use of sacraments is , but onely in this life , yet so , that here they concern a far better life then this , and are for that cause accompanied with grace , which worketh salvation . sacraments are the powerful instruments of god to eternal life . for as our natural life consisteth in the union of the body with the soul ; so our life supernatural in the union of the soul with god. and for as much as there is no union of god with man , without that * mean between both , which is both , it seemeth requisite , that we first consider how god is in christ , then how christ is in us , and how the sacraments do serve to make us partakers of christ. in other things we may be more brief , but the weight of these requireth largeness . . the lord our god is but one god. in which indivisible unity notwithstanding , we adore the father , as being altogether of himself ; we glorifie that consubstantial word which is the son ; we bless and magnifie that co-essential spirit eternally proceeding from both , which is the holy ghost . seeing therefore the father is of none , the son is of the father , and the spirit is of both , they are by these their several properties really distinguishable each from other . for the substance of god , with this property to be of none , doth make the person of the father ; the very self-same substance in number with this property to be of the father , maketh the person of the son ; the same substance having added unto it , the property of proceeding from the other two , maketh the person of the holy ghost . so that in every person , there is implied both the substance of god , which is one ; and also , that property which causeth the same person really and truly to differ from the other two . every * person hath his own subsistence , which no other besides hath , although there be others besides that are of the same substance . as no man but peter can be the person which peter is , yet paul hath the self-same nature which peter hath . again , angels have every of them the nature of pure and invisible spirits , but every angel , is not that angel which appeared in a dream to ioseph . now when god became man , lest we should err in applying this to the person of the father , or of the spirit , st. peters confession unto christ was , thou art the son of the living god ; and st. iohns exposition thereof was made plain , that it is the word which was made flesh. a the father , and the holy ghost ( saith damascen ) have no communion with the incarnation of the word , otherwise then onely by approbation and assent . notwithstanding , for as much as the word and deity are one subject , we must beware we exclude not the nature of god from incarnation , and so make the son of god incarnate , not to be very god. for undoubtedly , b even the nature of god it self , in the onely person of the son , is incarnate , and hath taken to it self flesh. wherefore , incarnation may neither be granted to any person , but onely one , nor yet denied to that nature which is common unto all three . concerning the cause of which incomprehenble mystery , for as much as it seemeth a thing unconsonant , that the world should honor any other as the saviour , but him whom it honoreth as the creator of the world , and in the wisdom of god , it hath not been thought convenient to admit any way of saving man , but by man himself , though nothing should be spoken of the love and mercy of god towards man ; which this way are become such a spectacle , as neither men nor angels can behold without a kinde of heavenly astonishment , we may hereby perceive there is cause sufficient , why divine nature should assume humane , that so c god might be in christ , reconciling to himself the world. and if some cause be likewise required , why rather to this end and purpose the son , then either the father , or the holy ghost , should be made man , could we which are born the children of wrath , be adopted the sons of god , through grace , any other then by the natural son of god , being mediator between god and us ? it d became therefore him , by whom all things are to be the way of salvation to all , that the institution and restitution of the world might be both wrought by one hand . the worlds salvation was without the incarnation of the son of god , a thing impossible ; not simply impossible , but impossible , it being presupposed , that the will of god , was no otherwise to have it saved , then by the death of his own son. wherefore taking to himself our flesh , and by his incarnation , making it his own flesh , he had now of his own , although from us , what to offer unto god for us . and as christ took manhood , that by it he might be capable of death , whereunto he humbled himself ; so because manhood is the proper subject of compassion and feeling pity , which maketh the scepter of christs regency even in the kingdom of heaven be amiable ; he which without our nature could not on earth suffer for the sins of the world , doth now also by means thereof , both make intercession to god for sinners , and exercise domnion over all men with a true , a natural , and a sensible touch of mercy . . it is not in mans ability , either to express perfectly , or conceive the manner how this was brought to pass . but the strength of our faith is tried by those things wherein our wits and capacities are not strong . howbeit , because this divine mystery is more true then plain , divers having framed the same to their own conceits and fancies , are found in their expositions thereof more plain then true : in so much , that by the space of five hundred years after christ , the church was almost troubled with nothing else , saving onely with care and travel to preserve this article from the sinister construction of hereticks . whos 's first mists when the light of the nicene council had dispelled , it was not long ere macedonius transfered unto gods most holy spirit the same blasphemy , wherewith arius had already dishonored his co-eternally begotten son ; not long ere apollinarius began to pare away from christs humanity . in refutation of which impieties , when the fathers of the church , athanasius , basil , and the two gregories , had by their painful travels , sufficiently cleared the truth , no less for the deity of the holy ghost , then for the compleat humanity of christ , there followed hereupon a final conclusion , whereby those controversies , as also the rest which paul●n samosatenus , sabellius , phatinus , a●tius , ennomius , together with the whole swarm of pestilent demi-arians , had from time to time stirred up since the council of nice , were both privately , first at rome in a smaller synod , and then at constantinople in a general famous assembly brought to a peaceable and quiet end , sevenscore bishops and ten agreeing in that confession , which by them set down , remaineth at this present hour , a part of our church liturgy , a memorial of their fidelity and zeal , a soveraign preservative of gods people from the venemous infection of heresie . thus in christ the verity of god , and the compleat substance of man , were with full agreement established throughout the world , till such time as the heresie of nesterius broached it self , dividing christ into two persons , the son of god , and the son of man , the one a person begotten of god before all worlds , the other also a person born of the virgin mary , and in special favor chosen to be made intire to the son of god above all men , so that whosoever will honor god , must together honor christ , with whose person god hath vouchsafed to joyn himself in so high a degree of gracious respect and favor . but that the self-same person , which verily is man , should properly be god also , and that by reason not of two persons linked in amity , but of two natures , humane and divine , conjoyned in one and the same person , the god of glory may be said as well to have suffered death , as to have raised the dead from their graves ; the son of man as well to have made , as to have redeemed the world , nestorius in no case would admit . that which deceived him , was want of heed to the first beginning of that admirable combination of god with man. the word ( saith st. iohn ) was made flesh , and dwelt a in us . the evangelist useth the plural number , men for manhood , us for the nature whereof we consist , even as the apostle denying the assumption of angelical nature , saith likewise in the plural number , he took not b angels , but the seed of abraham . it pleased not the word or wisdom of god , to take to it self some one person amongst men , for then should that one have been advanced which was assumed , and no more ; but wisdom , to the end , she might save many , built her house of that nature which is common unto all , she made not this or that man her habitation , but dwelt in us . the seeds of herbs and plants at the first , are not in act , but in possibility , that which they afterwards grow to be . if the son of god had taken to himself a man now made , and already perfected , it would of necessity follow , that there are in christ two persons , the one assuming , and the other assumed , whereas the son of god did not assume a mans person into his own , but a mans nature to his own person , and therefore took semen , the seed of abraham , the very first original element of our nature , before it was come to have any personal humane subsistence . the flesh and the conjunction of the flesh with god , began both at one instant ; his making , and taking to himself our flesh , was but one act , so that in christ● there is no personal subsistence but one , and that from everlasting . by taking onely the nature of man , he still continueth one person , and changeth but the manner of his subsisting , which was before in the meer glory of the son of god , and is now in the habit of our flesh . for as much therefore as christ hath no personal subsistence but one , whereby we acknowledge him to have been eternally the son of god , we must of necessity apply to the person of the son of god , even that which is spoken of christ , according to his humane nature . for example , according to the flesh , he was born of the virgin mary , baptized of iohn in the river iordan , by pilate adjudged to die , and executed by the jews . we cannot say properly , that the virgin bore , or iohn did baptize , or pilate condemn , or the jews crucifie the nature of man , because these all are personal attributes ; his person is the subject which receiveth them , his nature that which maketh his person capable or apt to receive . if we should say , that the person of a man in our saviour christ was the subject of these things , this were plainly to intrap our selves in the very snare of the nestorians heresie , between whom , and the church of god , there was no difference , saving onely , that nestorius imagined in christ , as well a personal humane subsistence , as a divine ; the church acknowledging a substance , both divine and humane , but no other personal subsistence then divine , because the son of god took not to himself a mans person , but the nature onely of a man. christ is a person both divine and humane , howbeit not therefore two persons in one ; neither both these in one sense , but a person divine , because he is personally the son of god ; humane , because he hath really the nature of the children of men. in christ therefore god and man , there is ( saith paschasius ) a twofold substance , not a twofold person , because one person distinguisheth another , whereas one nature cannot in another become extinct . for the personal being , which the son of god already had , suffered not the substance to be personal which he took , although together with the nature which he had , the nature also which he took , continueth . whereupon it followeth against nestorius , that no person was born of the virgin but the son of god , no person but the son of god baptized , the son of god condemned , the son of god and no other person crucified ; which one onely point of christian belief , the infinite north of the son of god , is the very ground of all things believed concerning life and salvation , by that which christ either did or suffered as man in our behalf . but for as much as st. cyril , the chiefest of those two hundred bishops assembled in the council of ephesus , where the heresie of nestorius was condemned , had in his writings against the arians avouched , that the word or wisdom of god hath but one nature which is eternal , and whereunto he assumed flesh , ( for the arians were of opinion , that besides gods own eternal wisdom , there is a wisdom which god created before all things , to the end he might thereby create all things else ; and that this created wisdom was the word which took flesh. ) again , for as much as the same cyril had given instance in the body and the soul of man , no farther then onely to enforce by example against nestorius , that a visible , and an invisible , a mortal and an immortal substance , may united , make one person ; the words of cyril were in process of time so taken , as though it had been his drift to teach , that even as in us the body and the soul , so in christ , god and man , make but one nature . of which error , six hundred and thirty fathers in the council of chalcedon condemned eutiches . for as nestorius teaching rightly , that god and man are distinct natures , did thereupon mis-infer , that in christ those natures can by no conjunction make one person ; so eutiches , of ●ound belief as touching their true personal copulation , became unsound , by denying the difference which still continueth between the one and the other nature . we must therefore keep warily a middle course , shunning both that distraction of persons , wherein nestorius went awry ; and also this latter confusion of natures , which deceived eutiches . these natures from the moment of their first combination , have been and are for ever inseparable . for even when his soul forsook the tabernacle of his body , his deity forsook neither body nor soul. ● it had , then could we not truly hold , either that the person of christ was buried , or that the person of christ did raise up it self from the dead . for the body separated from the word , can in no true sense be termed the person of christ ; nor is it true , to say , that the son of god in raising up that body , did raise up himself , if the body were not both with him , and of him , even during the time it lay in the sepulchre . the like is also to be said of the soul , otherwise we are plainly and inevitably nestorians . the very person of christ therefore , for ever one and the self-same , was onely , touching bodily substance , concluded within the grave , his soul onely from thence severed ; but by personal union , his deity still inseparably joyned with both . . the sequel of which conjunction of natures in the person of christ , is no abolishment of natural properties appertaining to either substance , no transition or transmigration thereof , out of one substance into another : finally , no such mutual infusion , as really causeth the same natural operations or properties to be made common unto both substances ; but whatsoever is natural to deity , the same remaineth in christ uncommunicated unto his manhood , and whatsoever natural to manhood , his deity thereof is uncapable . the true properties and operations of his deity , are , to know that which is not possible for created natures to comprehend ; to be simply the highest cause of all things , the well-spring of immortality and life ; to have neither end nor beginning of days ; to be every where present , and inclosed no where ; to be subject to no alteration nor passion ; to produce of it self those effects , which cannot proceed but from infinite majesty and power . the true properties and operation of his manhood , are such as irenaus reckoneth up , if christ ( saith he ) had not taken flesh from the very earth , he would not have coveted those earthly nourishments , wherewith bodies which be taken from thence , are fed . this was the nature which felt hunger after long fasting , was desirous of rest after travel , testified compassion and love by tears , groaned in heaviness , and with extremity of grief , even melted away it self into bloody sweats . to christ we ascribe , both working of wonders , and suffering of pains ; we use concerning him , speeches as well of humility , as of divine glory ; but the one we apply unto that nature which he took of the virgin mary , the other to that which was in the beginning . we may not therefore imagine , that the properties of the weaker nature , have vanished with the presence of the more glorious , and have been therein swallowed up as in a gulf. we dare not in this point give ear to them , who over-boldly affirm , * that the nature which christ took weak and feeble from us , by being mingled with deity , became the same which deity is ; that the assumption of our substance unto his , was like the blending of a drop of vinegar with the huge ocean , wherein although it continue still , yet not with those properties which severed it hath ; because sithence the instant of their conjunction , all distinction and difference of the one from the other , is extinct ; and whatsoever we can now conceive of the son of god , is nothing else but meer deity : which words are so plain and direct for eutiches , that i stand in doubt , they are not his whose name they carry . sure i am , they are far from truth , and must of necessity give place to the better advised sentences of other men . he which in himself was appointed ( saith hilary ) a mediator to save his church , and for performance of that mystery of mediation between god and man , is become god and man , doth now being but one , consist of both those natures united , neither hath he , through the union of both , incurred the damage or loss of either , lest by being born a man , we should think he hath given over to be god ; or that , because he continued god , therefore he cannot be man also ; whereas the true belief which maketh a man happy , proclaimeth joyntly god and man , confesseth the word and flesh together . cyril more plainly , his two natures have knit themselves the one to the other , and are in that nearness , as uncapable of confusion , as of distraction . their coherence hath not taken away the difference between them , flesh is not become god , but doth still continue flesh , although it be now the flesh of god. tea , of each substance ( saith leo ) the properties are all preserved and kept safe . these two natures are as causes and original grounds of all things which christ hath done . wherefore some things he doth as god , because his deity alone is the well-spring from which they flow ; some things as man , because they issue from his meer humane nature ; some things joyntly as both god and man , because both natures concur as principles thereunto . for albeit , the properties of each nature do cleave onely to that nature whereof they are properties ; and therefore christ cannot naturally be as god , the same which he naturally is as man , yet both natures may very well concur unto one effect , and christ in that respect be truly said to work , both as god and as man , one and the self-same thing . let us therefore set it down for a rule or principle so necessary , as nothing more , to the plain deciding of all doubts and questions about the union of natures in christ , that of both natures there is a co-operation often , an association always , but never any mutual participation , whereby the properties of the one are infused into the other . which rule must serve for the better understanding of that which * damascene hath touching cross and circulatory speeches , wherein there are attributed to god such things as belong to manhood , and to man such as properly concern the deity of christ jesus , the cause whereof is the association of natures in one subject . a kinde of mutual commutation there is , whereby those concrete names , god and man , when we speak of christ , do take interchangeably one anothers room ; so that for truth of speech , it skilleth not whether we say , that the son of god hath created the world , and the son of man by his death hath saved it ; or else , that the son of man did create , and the son of god die to save the world. howbeit , as oft as we attribute to god what the manhood of christ claimeth , or to man what his deity hath right unto , we understand by the name of god , and the name of man , neither the one nor the other nature , but the whole person of christ , in whom both natures are when the apostle saith of the jews , that they crucified the lord of glory , and when the son of man , being on earth , affirmeth , that the son of man was in heaven at the same instant ; there is in these two speeches that mutual circulation before-mentioned . in the one , there is attributed to god , or the lord of glory , death , whereof divine nature is not capable ; in the other ubiquity unto man , which humane nature admitteth not . therefore by the lord of glory , we must needs understand the whole person of christ , who being lord of glory , was indeed crucified , but not in that nature , for which he is termed the lord of glory . in like manner , by the son of man , the whole person of christ must necessarily be meant , who being man upon earth , filled heaven with his glorious presence , but not according to that nature , for which the title of man is given him . without this caution , the fathers whose belief was sincere , and their meaning most sound , shall seem in their writings , one to deny what another constantly doth affirm . theodoret disputeth with great earnestness , that god cannot be said to suffer . but he thereby meaneth christs divine nature against apollinarius , which held even deity it self possible . cyril on the other side against nestorius , as much contendeth , that whosoever will deny very god to have suffered death , doth forsake the faith. which notwithstanding to hold , were heresie , if the name of god in this assertion did not import , as it doth , the person of christ , who being verily god , suffered death , but in the flesh , and not in that substance for which the name of god is given him . . if then both natures do remain with their properties in christ thus distinct , as hath been shewed , we are for our better understanding , what either nature receiveth from other , to note , that christ is by three degrees a receiver : first , in that he is the son of god : secondly , in that his humane nature hath had the honor of union with deity bestowed upon it : thirdly , in that by means thereof sundry eminent graces have flowed as effects from deity into that nature which is coupled with it . on christ therefore , is bestowed the gift of eternal generation , the gift of union , and the gift of unction . by the gift of eternal generation , christ hath received of the father one , and in number the a self-same substance , which the father hath of himself , unreceived from any other . for every b beginning is a father unto that which cometh of it , and every off-spring is a son unto that out of which it groweth . seeing therefore the father alone is originally that deity which christ d originally is not ( for christ is god e , by being of god , light f , by issuing out of light. ) it followeth hereupon . that whatsoever christ hath g common unto him with his heavenly father , the same of necessity must be given him , but naturally and h eternally given ; not bestowed by way of benevolence and favor , as the other gifts both are . and therefore i where the fathers give it out for a rule , that whatsoever christ is said in scripture to have received , the same we ought to apply onely to the manhood of christ : their assertion is true of all things which christ hath received by grace ; but to that which he hath received of the father , by eternal nativity or birth , it reacheth not . touching union of deity with manhood , it is by grace , because there can be no greater grace shewed towards man , then that god should vouchsafe to unite to mans nature , the person of his onely begotten son. because the father k loveth the son as man , he hath by uniting deity with manhood , given all things into his hands . it hath l pleased the father , that in him all fulness should dwell . the name which he hath above all names is m given him . as the father hath life in himself , the son in himself hath life also by the n gift of the father . the gift whereby god hath made christ a fountain of life , is , that o conjunction of the nature of god , with the nature of man , in the person of christ , p which gift ( saith christ to the woman of samaria ) if thou didst know , and in that respect understand , who it is which asketh water of thee , thou wouldst ask of him , that he might give thee living water . the union therefore of the flesh with deity , is to that flesh a gift of principal grace and favor . for by vertue of this grace , man is really made god , a creature is exalted above the dignity of all creatures , and hath all creatures else under it . this admirable union of god with man , can inforce in that higher nature no alteration , because unto god there is nothing more natural , then not to be subject to any change . neither is it a thing impossible , that the word being made flesh , should be that which it was not before , as touching the manner of subsistence , and yet continue in all qualities or properties of nature the same it was , because the incarnation of the son of god consisteth meerly in the union of natures , which union doth adde perfection to the weaker , to the nobler no alteration at all . if therefore it be demanded what the person of the son of god hath attained by assuming manhood ; surely , the whole sum of all , is this , to be as we are , truly , really , and naturally man , by means whereof he is made capable of meaner offices , then otherwise his person could have admitted , the onely gain he thereby purchased for himself , was to be capable of loss and detriment for the good of others . but may it rightly be said concerning the incarnation of jesus christ , that as our nature hath in no respect changed his , so from his to ours , as little alteration hath ensued ? the very cause of his taking upon him our nature , was to change it , to better the quality , and to advance the condition thereof , although in no sort to abolish the substance which he took ; nor to infuse into it the natural forces and properties of his deity . as therefore we have shewed , how the son of god by his incarnation hath changed the manner of that personal subsistence , which before was solitary , and is now in the association of flesh , no alteration thereby accruing to the nature of god ; so neither are the properties of mans nature , in the person of christ , by force and vertue of the same conjunction so much altered , as not to stay within those limits which our substance is bordered withal ; nor the state and quality of our substance so unaltered , but that there are in it many glorious effects proceeding from so near copulation with deity . god from us can receive nothing , we by him have obtained much . for albeit , the natural properties of deity be not communicable to mans nature , the supernatural gifts , graces , and effects thereof , are . the honor which our flesh hath by being the flesh of the son of god , is in many respects great . if we respect but that which is common unto us with him , the glory provided for him and his in the kingdom of heaven , his right and title thereunto , even in that he is man , differeth from other mens , because he is that man of whom god is himself a part . we have right to the same inheritance with christ , but not the same right which he hath ; his being such as we cannot reach , and ours such as he cannot stoop unto . furthermore , to be the way , the truth , and the life ; to be the wisdom , righteousness , sanctification , resurrection ; to be the peace of the whole world , the hope of the righteous , the heir of all things ; to be that supream head whereunto all power , both in heaven and in earth is given : these are not honors common unto christ , with other men ; they are titles above the dignity and worth of any which were but a meer man , yet true of christ , even in that he is man , but man with whom deity is personally joyned , and unto whom it hath added those excellencies which makes him more then worthy thereof . finally , sith god hath deified our nature , though not by turning it into himself , yet by making it his own inseparable habitation , we cannot now conceive , how god should without man , either a exercise divine power , or receive the glory of divine praise . for man is in b both an associate of deity . but to come to the grace of unction : did the parts of our nature , the soul and body of christ receive by the influence of deity , wherewith they were matcht , no ability of operations , no vertue , or quality above nature ? surely , as the sword which is made fiery , doth not onely cut by reason of the sharpness which simply it hath , but also burn by means of that heat which it hath from fire ; so , there is no doubt , but the deity of christ hath enabled that nature which it took of man , to do more then man in this world hath power to comprehend ; for as much as ( the bare essential properties of deity excepted ) he hath imparted unto it all things , he hath replenished it with all such perfections , as the same is any way apt to receive , at the least , according to the exigence of that oeconomy or service ; for which , it pleased him in love and mercy to be made man. for , as the parts , degrees , and offices of that mystical administration did require , which he voluntarily undertook , the beams of deity did in operation always accordingly , either restrain or enlarge themselves . from hence we may somewhat conjecture , how the powers of that soul are illuminated , which being so inward unto god , cannot chuse but be privy unto all things which god worketh , and must therefore of necessity be endued with knowledge , so far forth a universal ; though not with infinite knowledge , peculiar to deity itself . the soul of christ that saw , in this life , the face of god , was here , through so visible presence of deity , filled with all manner b of graces and vertues in that unmatchable degree of perfection ; for which , of him we read it written , that god with the oyl of gladness , anointed c him d above his e fellows . and as god hath in christ , unspeakably glorified the nobler , so likewise the meaner part of our nature , the very bodily substance of man. where also that must again be remembred , which we noted before , concerning the degrees of the influence of deity proportionable unto his own purposes , intents , and counsels . for in this respect his body , which by natural condition was corruptible , wanted the gift of everlasting immunity from death , passion , and dissolution , till god which gave it to be slain for sin , had for righteousness sake restored it to life , with certainty of endless continuance . yea , in this respect , the very glorified body of christ , retained in it the f skars and marks of former mortality . but shall we say , that in heaven his glorious body , by vertue of the same cause , hath now power to present it self in all places , and to be every where at once present ? we nothing doubt , but god hath many ways above the reach of our capacities , exalted that body which it hath pleased him to make his own , that body wherewith he hath saved the world , that body which hath been , and is the root of eternal life ; the instrument wherewith deity worketh , the sacrifice which taketh away sin , the price which hath ransomed souls from death , the leader of the whole army of bodies that shall rise again . for though it had a beginning from us , yet god hath given it vital efficacy , heaven hath endowed it with celestial power , that vertue it hath from above , in regard whereof , all the angels of heaven adore it . notwithstanding , a body still it continueth , a body consubstantial with our bodies , a body of the same , both nature and measure which it had on earth . to gather therefore into one sum , all that hitherto hath been spoken , touching this point , there are but four things which concur to make compleat the whole state of our lord jesus christ ; his deity , his manhood , the conjunction of both , and the distinction of the one from the other , being joyned in one . four principal heresies there are which have in those things withstood the truth . arians , by bending themselves against the deity of christ ; apollinarians , by maiming and misinterpreting that which belongeth to his humane nature ; nestorians , by renting christ asunder , and dividing him into two persons ; the followers of eutiches , by confounding in his person , those natures which they should distinguish . against these there have been four most famous ancient . general councils ; the council of nice , to define against arians , against apollinarians , the council of constantinople ; the council of ephesus against nestorians ; against eutichians , the calcedon council . in four words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , truly , perfectly , indivisibly , distinctly : the first , applied to his being god ; and the second , to his being man ; the third , to his being of both one ; and the fourth , to his still continuing in that one both . we may fully by way of abridgment , comprize whatsoever antiquity hath at large handled , either in declaration of christian belief , or in refutation of the soresaid heresies . within the compass of which four heads , i may truly affirm , that all heresies which touch but the person of jesus christ , ( whether they have risen in these latter days , or in any age heretofore , ) may be with great facility brought to confine themselves . we conclude therefore , that to save the world , it was of necessity the son of god should be thus incarnate , and that god should so be in christ , as hath been declared . . having thus far proceeded in speech concerning the person of jesus christ , his two natures , their conjunction , that which he either is , or doth in respect of both , and that which the one receiveth from the other ; sith god in christ is generally the medicine which doth cure the world , and christ in as is that receipt of the same medicine , whereby we are every one particularly cured : in as much as christs incarnation and passion , can be available to no mans good , which is not made partaker of christ , neither can we participate him without his presence ; we are briefly to consider how christ is present , to the end , it may thereby better appear , how we are made partakers of christ , both otherwise , and in the sacraments themselves . all things are in such sort divided , into finite and infinite , that no one substance , nature , or quality , can be possibly capable of both . the world and all things in the world , are stinted ; all effects that proceed from them ; all the powers and abilities whereby they work ; whatsoever they do , whatsoever they may , and whatsoever they are , is limited . which limitation of each creature , is both the perfection , and also the perservation thereof . measure , is that which perfecteth all things , because every thing is for some end ; neither can that thing be available to any end , which is not proportionable thereunto ; and to proportion as well excesses , as defects , are opposite . again , for as much as nothing doth perish , but onely through excess or defect of that , the due proportioned measure whereof doth give perfection , it followeth , that measure is likewise the preservation of all things . out of which premises , we may conclude , not onely , that nothing created , can possibly be unlimited , or can receive any such accident , quality , or property , as may really , make it infinite ( for then should it cease to be a creature ) but also , that every creatures limitation is according to his own kinde ; and therefore , as oft as we note in them any thing above their kinde , it argueth , that the same is not properly theirs , but groweth in them from a cause more powerful then they are . such as the substance of each thing is , such is also the presence thereof . impossible it is , that a god should withdraw his presence from any thing , because the very substance of god is infinite . he filleth heaven and earth ; although he take up no room in either , because his substance is immaterial , pure , and of us in this world so incomprehensible , that albeit b an part of us be ever absent from him , who is present whole unto every particular thing , yet his presence with us , we no way discern further , then onely that god is present ; which partly by reason , and more perfectly by faith , we know to be firm and certain . seeing therefore that presence every where is the sequel of an infinite and incomprehensible substance , ( for what can be every where , but that which can no where be comprehended ? ) to enquire , whether christ be every where , is to enquire of a natural property , a property that cleaveth to the deity of christ. which deity being common unto him with none , but onely the father , and the holy ghost , it followeth , that nothing of christ which is limited , that nothing created , that neither the soul nor the body of christ , and consequently , not christ as man , or christ according to his humane nature , can possibly be every where present , because those phrases of limitation and restraint , do either point out the principal subject whereunto every such attribute adhereth , or else they intimate the radical cause out of which it groweth . for example , when we say , that christ as man , or according to his humane nature , suffered death ; we show what nature was the proper subject of mortality : when we say , that as god , or according to his deity , he conquered death , we declare his deity to have been the cause , by force and vertue whereof , lie raised himself from the grave . but neither is the manhood of christ , that subject whereunto universal presence agreeth , neither is it the cause original , by force whereof his person is enabled to be everywhere present . wherefore christ is essentially present with all things , in that he is very god , but not present with all things as man , because manhood and the parts thereof , can neither be the cause , nor the true subject of such presence . notwithstanding , somewhat more plainly to shew a true immediate reason , wherefore the manhood of christ , can neither be every where present , nor cause the person of christ so to be , we acknowledge that of st. augustine concerning christ most true , c in that he is personally the word , he created all things ; in that he it naturally man , he himself is created of god ; and it doth not appear , that any one creature hath power to be present withall creatures . whereupon nevertheless it will not follow , that christ cannot therefore be thus present , because he is himself a creature ; for as much as onely infinite presence , is that which cannot possibly stand with the essence or being of any creature ; as for presence with all things that are , sith the whole race , mass , and body of them is finite , christ by being a creature , is not in that respect excluded from possibility of presence with them . that which excludeth him therefore , as man , from so great largeness of presence , is onely his being man , a creature of this particular kinde , whereunto the god of nature hath set those bounds of restraint and limitation , beyond which , to attribute unto it any thing more then a creature of that sort can admit , were to give it another nature , to make it a creature of some other kinde then in truth it is . furthermore , if christ , in that he is man , be every where present , seeing this cometh not by the nature of manhood it self , there is no other way how it should grow , but either by the grace of union with deity , or by the grace of unction received from deity . it hath been already sufficiently proved , that by force of union , the properties of both natures are imparted to the person onely , in whom they are , and not what belongeth to the one nature , really conveyed or translated into the other ; it hath been likewise proved , that natures united in christ , continue the very same which they are , where they are not united . and concerning the grace of unction , wherein are contained the gifts and vertues which christ as man hath above men , they make him really and habitually a man more excellent then we are , they take not from him the nature and substance that we have , they cause not his soul nor body to be of another kinde , then ours is . supernatural endowments , are an advancement , they are no extinguishment of that nature whereto they are given . the substance of the body of christ hath no presence , neither can have , but onely local . it was not therefore every where seen , nor did it every where suffer death , every where it could not be intombed , it is not every where now being exalted into heaven . there is no proof in the world strong to inforce , that christ had a true body , but by the true and natural properties of his body . amongst which properties , definite or local presence is chief , how it is true of christ ( saith tertullian ) that he died , was buried , and rose again , if christ had not that very flesh , the nature whereof is capable of these things , flesh mingled with blood , supported with bones , woven with sinews , embroidered with veins ? if his majestical body have now any such new property , by force whereof it may every where really , even in substance present it self , or may at once be in many places ; then hath the majesty of his estate extinguished the veri●y of his nature . make thou no doubt or question of it ( saith st. augustine ) but that the man christ iesus , is now in that very place from whence he shall come in the same form and substance of flesh , which he carried thither , and from which he hath not taken nature , but given thereunto immortality . according to this form , he spreadeth not out himself into all places : for it behoveth us to take great heed , lest while we go about to maintain the glorious deity of him , which is man , we leave him not the true bodily substance of a man. according to st. augustines opinion therefore , that majestical body which we make to be every where present , doth thereby cease to have the substance of a true body . to conclude , we hold it in regard of the fore-alleaged proofs , a most infallible truth , that christ as man , is not every where present . there are which think it as infallibly true , that christ is every where present as man , which peradventure in some sense may be well enough granted . his humane substance in it self , is naturally absent from the earth ; his soul and body not on earth , but in heaven onely : yet because this substance is inseparably joyned to that personal word , which by his very divine essence , is present with all things ; the nature which cannot have in it self universal presence , hath it after a sort , by being no where severed from that which every where is present . for in as much as that infinite word is not divisible into parts , it could not in part , but must needs be wholly incarnate , and consequently wheresoever the word is , it hath with it manhood , else should the word be in part , or somewhere god onely , and not man , which is impossible . for the person of christ is whole , perfect god , and perfect man , wheresoever ; although the parts of his manhood , being finite , and his deity infinite , we cannot say , that the whole of christ is simply every where , as we may say , that his deity is , and that his person is by force of deity . for , somewhat of the person of christ is not every where in that sort , namely , his manhood ; the onely conjunction whereof with deity is extended as far as deity , the actual position restrained and tied to a certain place ; yet presence by way of conjunction , is in some sort presence . again , as the manhood of christ may after a sort be every-where said to be present , because that person is every where present , from whose divine substance , manhood is no where severed : so the same universality of presence , may likewise seem in another respect appliable thereunto , namely , by cooperation with deity , and that in all things . the light created of god in the beginning , did first by it self illuminate the world ; but after that the sun and moon were created , the world sithence hath by them always enjoyed the same . and that deity of christ , which before our lords incarnation , wrought all things without man , doth now work nothing wherein the nature which it hath assumed , is either absent from it , or idle . christ as man , hath all power both in heaven and earth given him . he hath as man , not as god onely , supream dominion over quick and dead ; for so much his ascension into heaven , and his session at the right hand of god , do import . the son of god which did first humble himself , by taking our flesh upon him , descended afterwards much lower , and became according to the flesh obedient , so far as to suffer death , even the death of the cross for all men , because such was his fathers will. the former was an humiliation of deity , the later an humiliation of manhood ; for which cause there followed upon the latter an exaltation of that which was humbled : for with power he created the world , but restored it by obedience . in which obedience , as according to his manhood , he had glorified god on earth ; so god hath glorified in heaven , that nature which yielded him obedience ; and hath given unto christ , even in that he is man , such fulness of power over the whole world , that he which before fulfilled in the state of humility and patience , whatsoever god did require , doth now reign in glory till the time that all things be restored . he which came down from heaven , and descended into the lowest parts of the earth , is ascended far above all heavens ; that fitting at the right hand of god , he might from thence fill all things with the gracious and happy fruits of his saving presence . ascension into heaven , is a plain local translation of christ , according to his manhood , from the lower to the higher parts of the world. session at the right hand of god , is the actual exercise of that regency and dominion , wherein the manhood of christ is joyned , and matched with the deity of the son of god. not that his manhood was before without the possession of the same power , but because the full use thereof was suspended , till that humility which had been before as a vail to hide and conceal majesty , were laid aside . after his rising again from the dead , then did god set him at his right hand in heavenly places , far above all principality and power , and might , and domination , and every name that is named , not in this world onely , but also in that which is to come ; and hath put all things under his feet , and hath appointed him over all the head to the church , which is his body , the fulness of him that filleth all in all . the scepter of which spiritual regiment over us in this present world is at the length to be yielded up into the hands of the father which gave it ; that is to say , the use and exercise thereof shall cease , there being no longer on earth any militant church to govern . this government therefore he exerciseth both as god and as man ; as god , by essential presence with all things ; as man , by co-operation with that which essentially is present . touching the manner how he worketh as man in all things ; the principal powers of the soul of man , are the will and understanding , the one of which two in christ assenteth unto all things , and from the other nothing which deity doth work , is hid ; so that by knowledge and assent , the soul of christ is present with all things which the deity of christ worketh . and even the body of christ it self , although the definite limitation thereof be most sensible , doth notwithstanding admit in some sort a kinde of infinite and unlimited presence likewise . for his body being a part of that nature , which whole nature is presently joyned unto deity ; wheresoever deity is , it followeth , that his bodily substance hath every where a presence of true conjunction with deity . and for as much as it is , by vertue of that conjunction , made the body of the son of god , by whom also it was made a sacrifice for the sins of the whole world , this giveth it a presence of force and efficacy , throughout all generations of men. albeit therefore , nothing be actually infinite in substance , but god onely in that he is god , nevertheless , as every number is infinite by possibility of addition , and every line by possibility of extension infinite ; so there is no stint which can be set to the value or merit of the sacrificed body of christ , it hath no measured certainty of limits , bounds of efficacy unto life it knoweth none , but is also it self infinite in possibility of application . which things indifferently every way considered , that gracious promise of our lord and saviour jesus christ concerning presence with his to the very end of the world , i see no cause but that we may well and safely interpret he doth perform , both as god , by essential presence of deity , and as man , in that order , sense , and meaning , which hath been shewed . . we have hitherto spoken of the person and of the presence of christ. participation is that mutual inward hold which christ hath of us , and we of him , in such sort that each possesseth other by way of special interest , property , and inherent copulation . for plainer explication whereof , we may from that which hath been before sufficiently proved , assume to our purpose these two principles , that every original cause imparteth it self unto those things which come of it ; and whatsoever taketh being from any other , the same is after a sort in that which giveth it being . it followeth hereupon , that the son of god being light of light , must needs be also light in light. the persons of the godhead , by reason of the unity of their substance , do as necessarily remain one within another , as they are of necessity to be distinguished one from another , because two are the issue of one , and one the off-spring of the other two ; onely of three , one not growing out of any other . and sith they all are but one god in number , one indivisible essence or substance , their distinction cannot possibly admit separation . for how should that subsist solitarily by it self , which hath no substance , but individually the very same , whereby others subsist with it ; seeing that the multiplication of substances in particular , is necessarily required to make those things subsist apart , which have the self-same general nature , and the persons of that trinity , are not three particular substances , to whom one general nature is common , but three that subsist by one substance , which it self is particular ; yet they all three have it , and their several ways of having it , are that which maketh their personal distinction ? the father therefore is in the son , and the son in him ; they both in the spirit , and the spirit in both them . so that the fathers first off-spring which is the son , remaineth eternally in the father ; the father eternally also in the son , no way severed or divided , by reason of the sole and single unity of their substance . the son in the father , as light in that light out of which it floweth without separation ; the father in the son , as light in that light which it causeth , and leaveth not . and because in this respect his eternal being is of the father , which eternal being is his life , therefore he by the father liveth . again , sith all things do accordingly love their off-spring , as themselves are more or less contained in it , he which is thus the onely begotten , must needs be in this degree the onely beloved of the father . he therefore which is in the father , by eternal derivation of being and life from him , must needs be in him through an eternal affection of love . his incarnation causeth him also as man to be now in the father , and the father to be in him . for in that he is man , he receiveth life from the father , as from the fountain of that ever-living deity , which in the person of the word hath combined it self with manhood , and doth thereunto impart such life , as to no other creature besides him is communicated . in which consideration likewise , the love of the father towards him , is more then it can be towards any other ; neither can any attain unto that perfection of love , which he beareth towards his heavenly father . wherefore god is not so in any , nor any so in god as christ ; whether we consider him as the personal word of god , or as the natural son of man. all other things that are of god , have god in them , and he them in himself likewise . yet because their substance and his wholly differeth , their coherence and communion either with him or amongst themselves , is in no sort like unto that before mentioned . god hath his influence into the very essence of all things , without which influence of deity supporting them , their utter annihilation could not chuse but follow . of him all things have both received their first being , and their continuance to be that which they are . all things are therefore partakers of god , they are his off-spring , his influence is in them , and the personal wisdom of god is , for that very cause , said to excel in nimbleness or agility , to pierce into all intellectual , pure , and subtile spirits , to go through all , and to reach unto every thing which is . otherwise , how should the same wisdom be that which supporteth , beareth up , and sustaineth all ? whatsoever god doth work , the hands of all three persons are joyntly and equally in it , according to the order of that connexion , whereby they each depend upon other . and therefore albeit in that respect the father be first , the son next , the spirit last , and consequently nearest unto every effect which groweth from all three ; nevertheless , they all being of one essence , are likewise all of one efficacy . dare any man , unless he be ignorant altogether how inseparable the persons of the trinity are , perswade himself that every of them may have their sole and several possessions , or that we being not partakers of all , can have fellowship with any one ? the father as goodness , the son as wisdom , the holy ghost as power , do all concur in every particular , outwardly issuing from that one onely glorious deity which they all are . for that which moveth god to work , is goodness ; and that which ordereth his work , is wisdom ; and that which perfecteth his work , is power . all things which god in their times and seasons hath brought forth , were eternally and before all times in god , as a work unbegun is in the artificer , which afterward bringeth it unto effect . therefore whatsoever we do behold now in this present world , it was inwrapped within the bowels of divine mercy , written in the book of eternal wisdom , and held in the hands of omnipotent power , the first foundations of the world being as yet unlaid . so that all things which god hath made , are in that respect the off-spring of god , they are in him as effects in their highest cause ; he likewise actually is in them , the assistance and influence of his deity is their life . let hereunto saving efficacy be added , and it bringeth forth a special off-spring amongst men , containing them to whom god hath himself given the gracious and amiable name of sons . we are by nature the sons of adam . when god created adam , he created us ; and as many as are descended from adam , have in themselves the root , out of which they spring . the sons of god we neither are all , nor any one of us , otherwise then onely by grace and favor . the sons of god have gods own natural son , as a second adam from heaven , whose race and progeny they are by spiritual and heavenly birth . god therefore loving eternally his son , he must needs eternally in him , have loved and preferred before all others , them which are spiritually sithence descended and sprung out of him . these were in god as in their saviour , and not as in their creator onely . it was the purpose of his saving goodness , his saving wisdom , and his saving power , which inclined it self towards them . they which thus were in god eternally by their intended admission to life , have , by vocation or adoption , god actually now in them , as the artificer is in the work , which his hand doth presently frame . life as all other gifts and benefits , groweth originally from the father , and cometh not to us but by the son ; nor by the son to any of us in particular , but through the spirit . for this cause the apostle wisheth to the church of corinth , the grace of our lord jesus christ , and the love of god , and the fellowship of the holy ghost . which three st. peter comprehendeth in one , the participation of divine nature . we are therefore in god , through christ eternally , according to that intent and purpose , whereby we are chosen to be made his in this present world , before the world it self was made : we are in god , through the knowledge which is had of us , and the love which is born towards us from everlasting . but in god we actually are no longer then onely from the time of our actual adoption into the body of his true church , into the fellowship of his children . for his church he knoweth and loveth ; so that they which are in the church , are thereby known to be in him . our being in christ by eternal fore-knowledge saveth us not , without our actual and real adoption into the fellowship of his saints in this present world. for in him we actually are by our actual incorporation into that society which hath him for their head ; and doth make together with him one body , ( he and they in that respect having one name ) for which cause by vertue of this mystical conjunction , we are of him , and in him , even as though our very flesh and bones should be made continuate with his . we are in christ , because he knoweth and loveth us , even as parts of himself . no man actually is in him , but they in whom he actually is . for he which hath not the son of god , hath not life : i am the vine , and ye are the branches : he which abideth in me ; and i in him , the same bringeth forth much fruit ; but the branch severed from the vine , withereth . we are therefore adopted sons of god to eternal life , by participation of the onely begotten son of god , whose life is the well-spring and cause of ours . it is too cold an interpretation , whereby some men expound our being in christ to import nothing else , but onely , that the self-same nature which maketh us to be men , is in him , and maketh him man as we are . for what man in the world is there , which hath not so far forth communion with jesus christ ? it is not this that can sustain the weight of such sentences as speak of the mystery of our coherence with jesus christ. the church is in christ , as eve was in adam . yea , by grace we are every of us in christ , and in his church , and in his church , as by nature we were in those our first parents . god made eve of the rib of adam : and his church he frameth out of the very flesh , the very wounded and bleeding side of the son of man. his body crucified and his blood shed for the life of the world , are the true elements of that heavenly being , which maketh us such as himself is of whom we come . for which cause the words of adam may be fitly the words of christ concerning his church , flesh of my flesh , and bone of my bones ; a true nature extract out of my own body . so that in him , even according to his manhood , we , according to our heavenly being , are as branches in that root out of which they grow . to all things he is life , and to men light , as the son of god ; to the church , both life and light eternal , by being made the son of man for us , and by being in us a saviour , whether we respect him as god , or as man. adam is in us as an original cause of our nature , and of that corruption of nature which causeth death ; christ as the cause original of restauration to life . the person of adam is not in us , but his nature , and the corruption of his nature derived into all men by propagation ; christ having adams nature , as we have , but incorrupt , deriveth not nature but incorruption , and that immediately from his own person , into all that belong unto him . as therefore we are really partakers of the body of sin and death received from adam ; so except we be truly partakers of christ , and as really possessed of his spirit , all we speak of eternal life , is but a dream . that which quickneth us , is the spirit of the second adam , and his flesh that wherewith he quickneth . that which in him made our nature uncorrupt , was the union of his deity with our nature . and in that respect the sentence of death and condemnation , which onely taketh hold upon sinful flesh , could no way possibly extend unto him . this caused his voluntary death for others to prevail with god , and to have the force of an expiatory sacrifice . the blood of christ , as the apostle witnesseth , doth therefore take away sin , because through the eternal spirit , he offered himself unto god without spot . that which sanctified our nature in christ , that which made it a sacrifice available to take away sin , is the same which quickneth it , raised it out of the grave after death , and exalted it unto glory . seeing therefore that christ is in us as a quickning spirit , the first degree of communion with christ , must needs consist in the participation of his spirit , which cyprian in that respect well termeth germanissimam societatem , the highest and truest society that can be between man and him , which is both god and man in one . these things st. cyril duly considering , reproveth their speeches , which ●aught that onely the deity of christ , is the vine whereupon we by faith do depend as branches , and that neither his flesh not our bodies are comprised in this resemblance . for doth any man doubt , but that even from the flesh of christ , our very bodies do receive that life which shall make them glorious at the latter day ; and for which , they are already accounted parts of his blessed body ? our corruptible bodies could never live the life they shall live , were it not that here they are joyned with his body , which is incorruptible , and that his is in ours as a cause immortality , a cause by removing through the death and merit of his own flesh that which hindered the life of ours . christ is therefore , both as god and as man , that true vine whereof we both spiritually and corporally are branches . the mixture of his bodily substance with ours is a thing which the ancient fathers a disclaim . yet the mixture of his flesh with ours they b speak of , to signifie what our very bodies , through mystical conjunction , receive from that vital efficacy which we know to be in his ; and from bodily mixtures , they borrow divers similitudes , rather to declare the truth , then the manner of coherence between his sacred , and the sanctified bodies of saints . thus much no christian man will deny , that when christ sanctified his own flesh , giving as god , and taking as man the holy ghost , he did not this for himself onely , but for our sakes , that the grace of sanctification and life , which was first received in him , might pass from him to his whole race , as malediction came from adam unto all mankinde , howbeit , because the work of his spirit to those effects is in us prevented by sin and death , possessing us before ; it is necessity , that as well our present sanctification unto newness of life ; as the future of restauration of our bodies , should presuppose a participation of the grace , efficacy , merit , or vertue of his body and blood ; without which foundation first laid , there is no place for those other operations of the spirit of christ to ensue . so that christ imparteth plainly himself by degrees . i● pleaseth him in mercy , to account himself incompleat and maimed a without us . but most assured we are , that we all receive of his fulness , because he is in us as a moving and working cause ; from which , many blessed effects are really found to ensue , and that in sundry , both kindes and degrees , all tending to eternal happiness . it must be confest , that of christ , working as a creator , and a governor of the world by providence , all are partakers ; not all partakers of that grace , whereby he inhabiteth whom he saveth . again , as he dwelleth not by grace in all , so neither doth he equally work in all them in whom he dwelleth . b whence is it ( saith st. augustine ) that some be holier then others are , but because god doth dwell in some more plentifully then in others ? and because the divine substance of christ , is equally in all , his humane substance equally distant from all , it appeareth , that the participation of christ , wherein there are many degrees and differences , must needs consist in such effects , as being derived from both natures of christ really into us , are made our own ; and we by saving them in us , are truly said to have him from whom they come ; christ also more or less , to inhabit and impart himself , as the graces are fewer or more , greater or smaller , which really flow into us form christ. christ is whole with the whole church , and whole with every part of the church , as touching his person which can no way divide it self , or be possest by degrees and portions . but the participation of christ importeth , besides the presence of christs person , and besides the mystical copulation thereof , with the parts and members of his whole church , a true actual influence of grace whereby the life which we live according to godliness , is his ; and from him we receive those perfections wherein our eternal happiness consisteth . thus we participate christ , partly by imputation ; as when those things which he did , and suffered for us , are imputed unto us for righteousness : partly by habitual and real infusion , as when grace is inwardly bestowed while we are on earth , and afterwards more fully , both our souls and bodies make like unto his in glory . the first thing of his so infused into our hearts in this life , is the spirit of christ ; whereupon , because the rest , of what kinde soever , do all both necessarily depend and infallibly also easue ; therefore the apostles term it , sometime the seed of god , sometime the pledge of our heavenly inheritance , sometime the hansel or earnest of that which is to come . from hence it is , that they which belong to the mystical body of our saviour christ , and be in number as the stars of heaven , divided successively , by reason of their mortal condition , into many generations , are notwithstanding coupled every one to christ their head , and all unto every particular person amongst themselves , in as much as the same spirit , which anointed the blessed soul of our saviour christ , doth so formalize , unite , and actuate his whole race , as if both he and they , were so many limbs compacted into one body , by being quickned all with one and the same soul. that wherein we are partakers of jesus christ by imputation , agreeth equally unto all that have it . for it consisteth in such acts and deeds of his , as could not have longer continuance , then while they were in doing , nor at that very time belong unto any other , but to him from whom they come ; and therefore how men , either then , or before , or fithence , should be made partakers of them , there can be no way imagined , but onely by imputation . again , a deed must either not be imputed to any , but rest altogether in him , whose it is ; or if at all it be imputed , they which have it by imputation , must have it such as it is , whole . so that degrees being neither in the personal presence of christ , nor in the participation of those effects which are ours by imputation onely , it resteth , that we wholly apply them to the participation of christs infused grace ; although , even in this kinde also , the first beginning of life , the seed of god , the first-fruits of christs spirit , be without latitude . for we have hereby onely the being of the sons of god , in which number how far soever one may seem to excel another , yet touching this that all are sons , they are all equals , some happily better sons then the rest are , but none any more a son then another . thus therefore we see , how the father is in the son , and the son in the father ; how they both are in all things , and all things in them ; what communion christ hath with his church , how his church and every member thereof , is in him by original derivation , and he personally in them , by way of mystical association , wrought through the gift of the holy ghost , which they that are his , receive from him , and together with the same , what benefit soever the vital force of his body and blood may yield ; yea , by steps and degrees they receive the compleat measure of all such divine grace as doth sanctifie and save throughout , till the day of their final exaltation to a state of fellowship in glory with him , whose partakers they are now in those things that tend to glory . as for any mixture of the substance of his flesh with ours , the participation which we have of christ includeth no such kinde of gross surmise . . it greatly offendeth , that some , when they labor to shew the use of the holy sacraments , assign unto them no end but onely to teach the minde , by other seases , that which the word doth teach by hearing . whereupon how easily neglect and careless regard of so heavenly mysteries may follow , we see in part by some experience had of those men , with whom that opinion is most strong . for where the word of god may be heard , which teacheth with much more expedition , and more full explications , any thing we have to learn ; if all the benefit we reap by sacraments be instruction , they which at all times have opportunity of using the better mean to that purpose , will surely hold the worse in less estimation . and unto infants which are not capable of instruction , who would not think it a meer superfluity , that any sacrament is administred , if to administer the sacraments , be but to teach receivers what god doth for them ? there is of sacraments therefore , undoubtedly , some other more excellent and heavenly use . sacraments , by reason of their mixt nature , are more diversly interpreted and disputed of , then any other part of religion besides ; for that in so great store of properties belonging to the self-same thing , as every mans wit hath taken hold of some especial consideration above the rest , so they have accordingly seemed one to cross another , as touching their several opinions about the necessity of sacraments ; whereas in truth their disagreement is not great . for , let respect be had to the duty which every communicant doth undertake , and we may well determine concerning the use of sacraments , that they serve as bonds of obedience to god , strict obligations to the mutual exercise of christian charity , provocations to godliness , preservations from sin , memorials of the principal benefits of christ ; respect the time of their institution , and it thereby appeareth , that god hath annexed them for ever unto the new testament , as other rites were before with the old ; regard the weakness which is in us , and they are warrants for the more security of our belief : compare the receivers of then with such as receive them not , and sacraments are marks of distinction to separate gods own from strangers ; so that in all these respects , they are sound to be most necessary . but their chiefest force and vertue , consisteth not herein so much as in that they are heavenly ceremonies , which god hath sanctified and ordained to be administred in his church : first , as marks whereby to know when god doth impart the vital or saving grace of christ unto all that are capable thereof ; and secondly , as means conditional , which god requireth in them , unto whom he imparteth grace . for , sith god in himself is invisible , and cannot by us be discerned working ; therefore when it seemeth good in the eyes of his heavenly wisdom , that men for some special intent and purpose , should take notice of his glorious presence , he giveth them some plain and sensible token whereby to know what they cannot see . for moses to see god and live , was impossible ; yet moses by fire , knew where the glory of god extraordinarily was present . the angel , by whom god endued the waters of the pool , called bethesda , with supernatural vertue to heal , was not seen of any : yet the time of the angels presence known by the troubled motions of the waters themselves . the apostles by fiery tongues which they saw , were admonished when the spirit , which they could not behold , was upon them : in like manner it is with us . christ and his spirit with all their blessed effects , though entring into the soul of man , we are not able to apprehend or express how , do notwithstanding give notice of the times , when they use to make their access , because it pleaseth almighty god to communicate by sensible means those blessings which are incomprehensible . seeing therefore , that grace is a consequent of sacraments , a thing which accompanieth them as their end , a benefit which they have received from god himself , the author of sacraments , and not from any other natural or supernatural quality in them , it may be hereby both understood , that sacraments are necessary , and that the manner of their necessity to life supernatural , is not in all respects as food unto natural life , because they contain in themselves no vital force of efficacy ; they are not physical , but moral instruments of salvation , duties of service and worship ; which unless we perform as the author of grace requireth , they are unprofitable . for , all receive not the grace of god , which receive the sacraments of his grace . neither is it ordinarily his will to bestow the grace of sacraments on any , but by the sacraments ; which grace also , they that receive by sacraments or with sacraments , receive it from him , and not from them . for of sacraments , the very same is true which solomons wisdom observeth in the brazen serpent : a he that turned towards it , was not healed by the thing he saw , but by thee , o saviour of all , this is therefore the necessity of sacraments . that saving grace which christ originally is , or hath for the general good of his whole church , by sacraments he severally deriveth into every member thereof , sacraments serve as the instruments of god , to that end and purpose : moral instruments , the use whereof is in our own hands , the effect in his ; for the use , we have his express commandment ; for the effect , his conditional promise : so that without our obedience to the one , there is of the other no apparent assurance ; as contrariwise , where the signs and sacraments of his grace , are not either through contempt unreceived , or received with contempt , we are not to doubt , but that they really give what they promise , and are what they signifie . for we take not baptism , nor the eucharist , for bare resemblances or memorials of things absent , neither for naked signs and testimonies assuring us of grace received before , but ( as they are indeed and in verity ) for means effectual , whereby god , when we take the sacraments , delivereth into our hands that grace available unto eternal life , which grace the sacraments b represent or signifie . there have grown in the doctrine concerning sacraments many difficulties for want of distinct explication , what kinde or degree of grace doth belong unto each sacrament . for by this it hath come to pass , that the true immediate cause why baptism , and why the supper of our lord is necessary , few do rightly and distinctly consider . it cannot be denied , but sundry the same effects and benefits which grow unto men by the one sacrament , may rightly be attributed unto the other . yet then doth baptism challenge to it self but the inchoation of those graces , the consummation whereof dependeth on mysteries ensuing . we receive christ jesus in baptism once , as the first beginner ; in the eucharist often , as being by continual degrees , the finisher of our life . by baptism therefore , we receive christ jesus ; and from him that saving grace which is proper unto baptism . by the other sacrament we receive him also , imparting therein himself , and that grace which the eucharist properly bestoweth . so that each sacrament having both that which is general or common , and that also which is peculiar unto it self , we may hereby gather , that the participation of christ , which properly belongeth to any one sacrament , is not otherwise to be obtained , but by the sacrament whereunto it is proper . . now even as the soul doth organize the body , and give unto every member thereof , that substance , quantity , and shape which nature seeth most expedient ; so , the inward grace of sacraments may teach what serveth best for their outward form ; a thing in no part of christian religion , much less here , to be neglected . grace intended by sacraments , was a cause of the choice , and is a reason of the fitness of the elements themselves . furthermore , seeing that the grace which here we receive , doth no way depend upon the natural force of that which we presently behold , it was of necessity , that words of express declaration taken from the very mouth of our lord himself , should be added unto visible elements , that the one might infallibly teach what the other do most assuredly bring to pass . in writing and speaking of the blessed sacrament , we a use for the most part under the name of their substance , not onely to comprise that , whereof they outwardly and sensibly consist , but also the secret grace which they signifie and exhibit . this is the reason wherefore commonly in b definitions , whether they be framed larger to aug●ment , or stricter to abridge the number of sacraments , we finde grace expresly mentioned as their ●●●● essential form , elements as the matter whereunto that form doth adjoyn it s●● . but if that be separated , which is secret , and that considered alone , which is seen , as of necessity it must in all those speeches that make distinction of sacraments from sacramental grace ; the name of a sacrament , in such speeches , can imply no more then what the outward substance thereof doth comprehend . and to make compleat the outward substance of a sacrament , there is required an outward form , which form sacramental elements receive from sacramental words . hereupon it groweth , that c many times there are three things said to make up the substance of a sacrament ; namely , the grace which is thereby offered , the element which shadoweth or signifieth grace , and the word which expresseth what is done by the element . so that whether we consider the outward by it self alone , or both the outward and inward substance of any sacraments , there are in the one respect but two essential parts , and in the other but three that concur to give sacraments their full being . furthermore , because definitions are to express but the most immediate and nearest parts of nature , whereas other principles farther off , although not specified in defining , are notwithstanding in nature implied and presupposed , we must note , that in as much as sacraments are actions religious and mystical , which nature they have not unless they proceed from a serious meaning ; and what every mans private minde is , as we cannot know , so neither are we bound to examine : therefore always in these cases , the known intent of the church generally doth suffice ; and where the contrary is not d manifest , we may presume , that he which outwardly doth the work , hath inwardly the purpose of the church of god. concerning all other orders , rites , prayers , lessons , sermons , actions , and their circumstances whatsoever , they are to the outward substance of baptism but things accessory , which the wisdom of the church of christ is to order according to the exigence of that which is principal . again , considering that such ordinances have been made to adorn the sacrament , e not the sacrament to depend upon them ; seeing also , that they are not of the substance of baptism , and that baptism is far more necessary , then any such incident rite or solemnity ordained for the better administration thereof , f if the case be such as permitteth not baptism to have decent complements of baptism , better it were to enjoy the body without his furniture , then to wait for this , till the opportunity of that for which we desire it be lost . which premises standing , it seemeth to have been no absurd collection , that in cases of necessity , which will not suffer delay till baptism be administred , with usual solemnities , ( to speak the least ) it may be tolerably given without them , rather then any man without it should be suffered to depart this life . . they which deny that any such case of necessity can fall , in regard whereof the church should tolerate baptism without the decent rites and solemnities thereunto belonging , pretend , that such tolerations have risen from a false interpretaon which certain men have made of the scripture , grounding a necessity of external baptism , upon the words of our saviour christ : unless a man be born again of water , and of the spirit , he cannot enter into the kingdom of heaven . for by water and the spirit , we are in that place to understand ( as they imagine ) no more then if the spirit alone had been mentioned , and water not spoken of . which they think is plain , because elswhere it is not improbable , that the holy ghost and fire , do but signifie the holy ghost in operation resembling fire . whereupon they conclude , that seeing fire in one place may be , therefore water in another place is , but a metaphor : spirit , the interpretation thereof ; and so the words do onely mean , that unless a man be born again of the spirit , he cannot enter into the kingdom of heaven . i hold it for a most infallible rule in expositions of sacred scripture , that were a literal construction will stand , the farthest from the letter is commonly the worst . there is nothing more dangerous then this licentious and deluding art , which changeth the meaning of words , as alchymy doth or would the substance of mettals , maketh of any thing what it listeth , and bringeth in the end all truth to nothing . or howsoever such voluntary exercise of wit might be born with , otherwise ; yet in places which usually serve , as this doth , concerning regeneration by water and the holy ghost , to be alledged for grounds and principles , less is permitted . to hide the general consent of antiquity , agreeing in the literal interpretation , they cunningly affirm , that certain have taken those words as meant of material water , when they know , that of all the ancients there is no one to be named , that ever did otherwise , either expound or alledge the place , then as implying external baptism . shall that which hath always a received this , and no other construction , be now disguised with a toy of novelty ? must we needs at the onely shew of a critical conceit , without any more deliberation , utterly condemn them of error , which will not admit that fire in the words iohn , is quenched with the name of the holy ghost ; or , with the name of the spirit , water dried up in the words of christ ? when the letter of the law hath two things plainly and expresly specified , water and the spirit ; water as a duty required on our parts , the spirit as a gift which god bestoweth : there is danger in presuming so to interpret it , at if the clause which concerneth our selves , were more then needeth . we may by such rate expositions , attain perhaps in the end to be thought witty , but with ill advice . finally , if at b the time , when that baptism which was meant by iohn , came to be really and truly performed by christ himself , we finde the apostles , that had been , as we are , before baptized , new baptized with the holy ghost ; and in this their latter baptism as well a c visible descent of fire , as a secret miraculous infusion of the spirit ; if on us he accomplish likewise the heavenly work of our new birth , not with the spirit alone , but with water thereunto adjoyned ; sith the faithfullest expounders of his words are his own deeds , let that which his hand hath manifestly wrought , declare what his speech did doubtfully utter . . to this they add . that as we err by following a wrong construction of the place before alledged ; so our second over-sight is , that we thereupon infer a necessity over-rigorous and extream . the true necessity of baptism , a sew propositions considered , will soon decide . all things which either are known a causes or set means , whereby any great good is usually procured , or men delivered from grievous evil , the same we must needs confess necessary . and if regeneration were not in this very sense a thing necessary to eternal life , would christ himself have taught nicodemus , that to see the kingdom of god is b impossible , saving onely for those men which are born from above ? his words following in the next sentence , are a proof sufficient , that to our regeneration , his spirit is no less c necessary , then regeneration it self necessary unto life . thirdly , unless as the spirit is a necessary inward cause ; so water were a necessary outward mean to our regeneration , what construction should we give unto those words wherein we are said to be new born , and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , even of water ? why are we taught , that d with water , god doth purifie and cleanse his church ? wherefore do the apostles of christ term baptism e a bath of regeneration ? what purpose had they in giving men advice to receive outward baptism , and in perswading them , it did avail f to remission of sins ? if outward baptism were a cause in it self , possessed of that power , either natural or supernatural , without the present operation whereof no such effect could possibly grow ; it must then follow , that seeing effects do never prevent the necessary causes , out of which they spring , no man could ever receive grace before baptism : which being apparently both known , and also confest to be otherwise in many particulars , although in the rest we make not baptism a cause of grace ; yet the grace which is given them with their g baptism , doth so far forth depend on the very outward sacrament , that god will have it embraced , not onely as a sign or token what we receive ; but also as an instrument or mean whereby we receive grace , because baptism is a sacrament which god hath instituted in his church , to the end , that they which receive the same , might thereby be h incorporated into christ ; and so through his most precious merit obtain , as well that saving grace of imputation which taketh away j all former guiltiness , as also that k infused divine vertue of the holy ghost , which giveth to the powers of the soul their first disposition towards future newness of life . there are that elevate too much the ordinary and immediate means of life , relying wholly upon the bare conceit of that eternal election , which notwithstanding , includeth a subordination of means , without which , we are not actually brought to enjoy what god secretly did intend ; and therefore to build upon gods election , if we keep not our selves to the ways which he hath appointed for men to walk in , is but a self-deceiving vanity . when the apostle saw men called to the participation of jesus christ after the gospel of god embraced , and the sacrament of life received , he feareth not l then to put them in the number of elect saints ; he m then accounteth them delivered from death , and clean purged from all sin . till then , notwithstanding their preordination unto life , which none could know of , saving god ; what were they in the apostles own n account , but children of wrath , as well as others , plain aliens , altogether without hope , strangers , utterly without god in this present world ? so that by sacraments , and other sensible tokens of grace , we may boldy gather that he , whose mercy vouchsafeth now to bestow the means , hath also long sithence intended us that whereunto they lead . but let us never think i● safe to presume of our own last end , by bare conjectural collections of his first intent and purpose , the means failing that should come between . predestination bringeth not to life , without the grace of external o vocation , wherein our baptism is implied . for , as we are not naturally men without birth , so neither are we christian men in the eye of the church of god , but by new birth ; nor according to the manifest ordinary course of divine dispensation new born , but by that baptism which both declareth and maketh us christians . in which respect , we justly hold it to be the door of our actual entrance into gods house , the first apparent p beginning of life , a seal perhaps to the grace of election before received ; but to our sanctification here , a step that hath not any before it . there were of the old valentinian hereticks , some which had knowledge in such admiration , that to it they ascribed all , and so despised the sacraments of christ , pretending , that as ignorance had made us subject to all misery , so the full redemption of the inward man , and the work of our restauration , must needs belong unto r knowledge onely . they draw very near unto this error , who fixing wholly their mindes on the known necessity of faith , s imagine , that nothing but faith is necessary for the attainment of all grace . yet is it a branch of belief , that sacraments are in their place no less required then belief it self . for when our lord and saviour promiseth eternal life , is it any otherwise , then as he promised restitution of health unto naaman the syrian , namely , with this condition , t wash and be clean ? or as to them which were stung of serpents , health by u beholding the brazen serpent ? if christ himself which giveth salvation do x require baptism ; it is not for us that look for salvation , to sound and examine him , whether unbaptized men may be saved ; but seriously to y do that which is required , and religiously to fear the danger which may grow by the want thereof . had christ onely declared his will to have all men baptized , and not acquainted us with any cause why baptism is necessary , our ignorance in the reason of that he enjoyneth , might perhaps have hindered somewhat the forwardness of our obedience thereunto : whereas now being taught , that baptism is necessary to take away sin , how have we the fear of god in our hearts , if care of delivering mens souls from sin , do not move us to use all means for their baptism ? z pelagius which denied utterly the guilt of original sin , and in that respect , the necessity of baptism , did notwithstanding both baptize infants , and acknowledge their baptism necessary for entrance into the kingdom of god. now the law of christ , which in these considerations maketh baptism necessary , must be construed and understood according to rules of a natural equity . which rules , if they themselves did not follow in expounding the law of god , would they ever be able to prove , that b the scripture , in saying , whoso believeth not the gospel of christ , is condemned already ; meaneth this sentence of those which can hear the gospel , and have discretion when they hear to understand it ; neither ought it to be applied unto infants , deaf-men , and fools ? that which teacheth them thus to interpret the law of christ , is natural equity . and ( because equity so teacheth ) it is on all parts gladly confest , that there may be in divers cases life by vertue of inward baptism , even where outward is not found . so that if any question be made , it is but about the bounds and limits of this possibility . for example , to think that a man whose baptism the crown of martyrdom preventeth , doth lose , in that case , the happiness which so many thousands enjoy , that onely have had the grace to believe , and not the honor to seal the testimony thereof with death , were almost barbarous . again , when c some certain opinative men in st. bernards time began privately to hold that , because our lord hath said , unless a man be born again of water , therefore life , without either actual baptism , or martyrdom in stead of baptism , cannot possibly be obtained at the hands of god ; bernard considering , that the same equity which had moved them to think the necessity of baptism no bar against the happy estate of unbaptized martyrs , is as forcible for the warrant of their salvation , in whom , although there be not the sufferings of holy martyrs , there are the vertues which sanctified those sufferings , and made them precious in gods sight , professed himself an enemy to that severity and strictness which admitteth no exception but of martyrs onely . for , saith he , if a man desirous of baptism , be suddenly cut off by death , in whom there wanted neither sound faith , devout hope , not sincere charity ( god be merciful unto me , and pardon me if i err ) but verily of such a ones salvation , in whom there is no other defect besides his faultless lack of baptism ; despair i cannot , nor induce my minde to think his faith void , his hope confounded , and his charity faln to nothing , onely because he hath not that which not contempt but impossibility with-holdeth . tell me , i beseech you , ( saith ambrose ) what there is in any of us , more then to will , and to seek for our own good . they servant valentinian , o lord , did both . ( for valentinian the emperor died before his purpose to receive baptism could take effect . ) and is it possible , that he which had purposely thy spirit given him to desire grace , should not receive thy grace which that spirit did desire ? doth it move you , that the outward accustomed solemnities were not done ? at though converts that suffer martyrdom before baptism , did thereby forfeit their right to the crown of eternal glory in the kingdom of heaven . if the blood of martyrs in that case be their baptism , surely his religious desire of baptism standeth him in the same stead . it hath been therefore constantly held as well touching other believers , as martyrs , that baptism , taken away by necessity , is supplied by desire of baptism , because with equity this opinion doth best stand . touching infants which die unbaptized , sith they neither have the sacrament it self , nor any sense or conceit thereof , the judgment of many hath gone hard against them . but yet seeing grace is not absolutely tied unto sacraments ; and besides , such is the lenity of god , that unto things altogether impossible , he bindeth no man ; but , where we cannot do what is enjoyned us , accepteth our will to do in stead of the deed it self . again , for as much as there is in their christian parents , and in the church of god , a presumed desire , that the sacrament of baptism might be given them , yea , a purpose also that it shall be given ; remorse of equity hath moved divers of the a school-divines in these considerations , ingeuously to grant , that god , all-merciful to such as are not in themselves able to desire baptism , imputeth the secret desire that others have in their behalf , and accepteth the same as theirs , rather then casteth away their souls , for that which no man is able to help . and of the will of god to impart his grace unto infants without baptism , in that case , the very circumstance of their natural birth may serve as a just argument ; whereupon it is not to be misliked , that men in charitable presumption do gather a great likelihood of their salvation , to whom the benefit of christian parentage being given , the rest that should follow , is prevented by some such casualty , as man hath himself no power to avoid . for , we are plainly taught of god ; b that the seed of faithful parentage is holy from the very birth . which albeit , we may not so understand , as if the children of believing parents were without sin ; or grace , from baptized parents , derived by propagation ; or god , by covenant and promise , tied to save any in meer regard of their parents belief : yet seeing , that to all professors of the name of christ , this pre-eminence above infidels , is freely given ; the fruit of their bodies bringeth into the world with it , a present interest and right to those means wherewith the ordinance of christ is , that his church shall be sanctified ; it is not to be thought , that he which , as it were , from heaven , hath nominated and designed them unto holiness by special priviledge of their very birth , will himself deprive them of regeneration and inward grace , onely because necessity depriveth them of outward sacraments . in which case , it were the part of charity to hope , and to make men rather partial then cruel judges , if we had nor those fair apparancies which here we have . wherefore a necessity there is of receiving , and a necessity of administring the sacrament of baptism ; the one peradventure not so absolute as some have thought , but out of all peradventure the other more straight and narrow , then that the church which is by office a mother unto such as crave at her hands the sacred mystery of their new birth , should repel them ; and see them die unsatisfied of these their ghostly desires , rather then give them their souls rights , with omission of those things which serve c but onely for the more convenient and orderly administration thereof . for as on the one side we grant , that those sentences of holy scripture which make sacraments most necessary to eternal life , are no prejudice to their salvation , that want them by some inevitable necessity , and without any fault of their own : so it ought , in reason , to be likewise acknowledged , that for as much as our lord himself maketh baptism necessary , necessary whether we respect the good received by baptism , or the testimony thereby yielded unto god , of that humility and meek obedience , which reposing wholly it self on the absolute authority of his commandment , and on the truth of his heavenly promise , doubteth not but from creatures despicable in their own condition and substance , to obtain grace of inestimable value ; or rather not from them , but from him , yet by them , as by his appointed means . howsoever he , by the secret ways of his own incomprehensible mercy , may be thought to save without baptism ; this cleareth not the church from guiltiness of blood , if through her superstuous scrupulosity , lets and impediments of less regard should cause a grace of so great moment to be withheld , wherein our merciless strictness may be our own harm , although not theirs towards whom we shew it ; and we for the hardness of our hearts may perish , albeit they through gods unspeakable mercy do live . god which did not afflict that innocent , whose circumcision moses had over-long deferred , took revenge upon moses himself , for the injury which was done through so great neglect ; giving us thereby to understand , that they whom gods own mercy saveth without us , are on our parts notwithstanding , and as much as in us lieth , even destroyed ; when under unsufficient pretences , we defraud them of such ordinary outward helps , as we should exhibit . we have for baptism no day set , as the jews had for circumcision ; neither have we by the law of god , but onely by the churches discretion , a place thereunto appointed . baptism therefore , even in the meaning of the law of christ , belongeth unto infants capable thereof , from the * very instant of their birth . which if they have not howsoever , rather than lose it by being put off , because the time , the place , or some such like circumstance doth not solemnly enough concur , the church , as much as in her lieth , wilfully casteth away their souls . . the ancients , it may be , were too severe , and made the necessity of baptism more absolute then reason would , as touching infants . but will a any man say , that they , notwithstanding their too much rigor herein , did not in that respect sustain and tolerate defects of local , or of personal solemnities , belonging to the sacrament of baptism ? the apostles themselves did neither use nor appoint for baptism , any certain time . the church for general baptism heretofore , made choice of two chief days in the year ; the feast of easter , and the feast of pentecost . which custom , when certain churches in sicily began to violate without cause , they were by b leo , bishop of rome , advised , rather to conform themselves to the rest of the world in things so reasonable , then to offend mens mindes through needless singularity : howbeit , always providing , that nevertheless in apparent peril of death , danger of siege , streights of persecution , fear of shipwrack , and the like exigents ; no respect of times should cause this singular defence of true safety to be denied unto any . this of leo did but confirm that sentence , which c victor had many years before given , extending the same exception , as well unto places as times . that which st. augustine speaketh of women , hasting to bring their children to the church when they saw danger , is a weak proof , that when necessity did not leave them so much time , it was not then permitted them neither to make a church of their own home . which answer dischargeth likewise their example of a sick jew , carried in a bed to the place of baptism , and not baptized at home in private . the casue why such kinde of baptism barred men afterwards from entring into holy orders , the reason wherefore it was objected against novatian , in what respect , and how far forth it did disable , may be gathered by the twelfth canon , set down in the council of neocaesarea , after this manner . a man which hath been baptized in sickness , is not after to be ordained priest. for it may be thought , that such do rather at that time , because they see no other remedy , then of a voluntary minde , lay hold on the christian faith , unless their true and sincere meaning be made afterwards the more manifest , or else the scarcity of others inforce the church to admit them . they bring in iustinians imperial constitution , but to what purpose ? seeing it onely forbiddeth men to have the mysteries of god administred in their private chappels , lest under that pretence , hereticks should do secretly those things which were unlawful ? in which consideration he therefore commandeth , that if they would use those private oratories otherwise then onely for their private prayers , the bishop should appoint them a clerk , whom they might entertain for that purpose . this is plain by latter constitutions , made in the time of leo : it was thought good ( saith the emperor ) in their judgment which have gone before , that in private chappels none should celebrate the holy communion , but priests belonging unto greater churches . which order they took as it seemeth for the custody of religion , lest men should secretly receive from hereticks , in stead of the food , the ban : of their souls , pollution in place of expiation . again , whereas a sacred canon of the sixth reverend synod requireth baptism , as others have likewise the holy sacrifices and mysteries , to be celebrated onely in ●emples hallowed for publick use , and not in private oratories ; which strict decrees appear to have been made heretofore in regard of hereticks , which entred closely into such mens houses as favored their opinions , whom , under colour of performing with them such religious offices , they drew from the soundness of true religion : now that perverse opinions , through the grace of almighty god , are extinct and gone , the cause of former restraints being taken away we see no reason but that private oratories may hence forward enjoy that liberty , which to have granted them heretofore , had not been safe . in sum , all these things alledged are nothing , nor will it ever be proved while the world doth continue , but that the practice of the church in cases of extream necessity , hath made for private baptism always more then against it . yea , baptism by any man in the case of necessity , was the a voice of the whole world heretofore . neither is tertullian , epiphanius , augustine , or any other of the ancient against it . the boldness of such , as pretending teclaes example , took openly upon them both baptism , and all other publick functions of priesthood . tertullian severely controlleth , saying , b to give baptism is in truth the bishops right . after him it belongeth unto priests and deacons ; but not to them without authority from him received . for so the honor of the church requireth , which being kept , preserveth peace . were it not in this respect , the laity might do the same ; all sorts might give , even as all sorts receive . but because emulation is the mother of schisms , let it content thee ( which art of the order of lay-men ) to do it in necessity , when the state of time , or place , or person thereunto compelleth . for then is their boldness priviledged that help , when the circumstance of other mens dangers craveth it . what he granteth generally to lay-persons of the house of god , the same we cannot suppose he denieth to any sort or sex contained under that name , unless himself did restrain the limits of his own speech ; especially seeing that tertullians rule of interpretation is b elswhere , specialties are signified under that which is general , because they are therein comprehended . all which tertullian doth c deny , is , that women may be called to bear , or publickly take upon them to execute offices of ecclesiastical order , whereof none but men are capable . as for epiphanius , he striketh on the very self-same anvil with tertullian . and in necessity , if st. augustine alloweth as much unto laymen , as tertullian doth , his not mentioning of women , is but a slender proof that his meaning was to exclude women . finally , the council of carthage likewise , although it make no express submission , may be very well presumed willing to stoop , as other positive ordinances do , to the countermands of necessity . judge therefore what the antients would have thought , if in their days it had been heard , which is published in ours , d that because , the substance of the sacrament doth chiefly depend on the institution of god , which is the form , and as it were the life of the sacrament ; therefore first , if the whole institution be not kept , it is no sacrament ; and secondly , if baptism be private , his institution is broken , in as much as according to the orders which he hath set for baptism , it should be done in the congregation ; from whose ordinance in this point , we ought not to swerve , although we know that infants should be assuredly damned without baptism . o sir , you that would spurn thus at such , as in case of so dreadful extremity should lie prostrate before your feet ; you that would turn away your face from them at the hour of their most need ; you that would dam up your ears , and harden your hearts as iron , against the unresistable cries of supplicants , calling upon you for mercy with terms of such invocation , as that most dreadful perplexity might minister , if god by miracle did open the mouths of infants , to express their supposed necessity , should first imagine your self in their case , and them in yours . this done , let their supplications proceed out of your mouth , and your answer out of theirs . would you then contentedly hear , my son , the rites and solemnities of baptism must be kept ; we may not do ill , that good may come of it ; neither are souls to be delivered from eternal death and condemnation ; by breaking orders which christ hath set : would you in their case your self be shaken off with these answers , and not rather embrace , inclosed with both your arms , a sentence , which now is no gospel unto you , i will have mercy , and not sacrifice ? to acknowledge christs institution , the ground of both sacraments , i suppose , no christian man will refuse : for it giveth them their very nature , it appointeth the matter whereof they consist , the form of their administration it teacheth ; and it blesseth them with that grace , whereby to us they are both pledges and instruments of life . nevertheless , seeing christs institution containeth , besides that which maketh compleat the essence or nature , other things that onely are parts , as it were , of the furniture of sacraments ; the difference between these two must unfold that which the general terms of indefinite speech would confound . if the place appointed for baptism , be a part of christ institution , it is but his institution as sacrifice , baptism his institution as mercy : in this case , he which requireth both mercy and sacrifice , rejecteth his own institution of sacrifice , where the offering of sacrifice would hinde : mercy from being shewed : external circumstances even in the holiest and highest actions , are but the lesser things of the law , whereunto those actions themselves being compared , are the greater ; and therefore as the greater are of such importance , that they must be done ; so in that extremity before supposed if our account of the lesser which are not to be omitted , should cause omission of that which is more to be accounted of , were not this our strict obedience to christs institution touching mint and cummin , a disobedience to his institution concerning love ? but sith no institution of christ hath so strictly tied baptism to publick assemblies , as it hath done all men unto baptism ; away with these merciless and bloody sentences , let them never be found standing in the books and writings of a christian man ; they favor not of christ , nor of his most gracious and meek spirit , but under colour of exact obedience , they nourish cruelty and hardness of heart . . to leave private baptism therefore , and to come unto baptism by women , which they say a , is no more a sacrament , then any other ordinary washing or bathing of a mans body : the reason whereupon , they ground their opinion herein is such , as making baptism by women void , because women are no ministers in the chruch of god , must needs generally annihilate the baptism of all unto whom their conceit shall apply this exception , whether it be in regard of sex , of quality , of insufficiency , or whatsoever . for if want of calling do frustrate baptism , they that baptize without calling do nothing , be they women or men. to make women teachers in the house of god , were a gross absurdity , seeing the apostle hath said , b i permit not a woman to teach . and again , c let your women in churches be silent . those extraordinary gifts of speaking with tongues and prophecying , which god at that time did not onely bestow upon men , but on women also , made it the harder to hold them confined with private bounds . whereupon the apostles ordinance was necessary against womens public admission to teach . and because , when law hath begun some one thing or other well , it giveth good occasion , either to draw by judicious exposition out of the very law it self , or to annex to the law by authority and jurisdiction , things of like conveniency ; therefore clement extendeth this apostolick constitution to baptism . for ( saith he ) if we have denied them leave to teach , how should any man dispence with nature , and make them ministers of holy things ; seeing this unskilfulness is a part of the grecians impiety , which for the service of women-goddesses , have women-priests ? i somewhat marvel , that men which would not willingly be thought to speak or write , but with good conscience , dare hereupon openly avouch clement for a witness , that , as , when the church began not onely to decline , but to fall away from the sincerity of religion , it borrowed a number of other prophanations of the heathens ; so it borrowed this , and would needs have women-priests , as the heathens had ; and that this was one occasion of bringing ●p●ism by women into the church of god. is it not plain in their own eyes , that first by an evidence which forbiddeth women to be ministers of baptism , they endeavor to shew how women were admitted unto that function in the wain and declination of christian piety . secondly , that by an evidence , rejecting the heathens , and condemning them of impiety , they would prove such affection towards heathens , as ordereth the affairs of the church by the pattern of their example : and thirdly , that out of an evidence which nameth the heathens , as being in some part a reason why the church had no women-priests , they gather , the heathens to have been one of the first occasions why it had . so that throughout every branch of this testimony , their issue is , yea ; and their evidence directly no. but to womens baptism in private , by occasion of urgent necessity , the reasons that onely concern ordinary baptism in publick , are no just prejudice ; neither can we by force thereof , disprove the practice of those churches which ( necessity requiring ) allow baptism in private to be administred by women . we may not from laws that prohibite any thing with restraint , conclude absolute and unlimited prohibitions : although we deny not , but they which utterly forbid such baptism , may have perhaps wherewith to justifie their orders against it . for , even things lawful are a well prohibited , when there is fear left they make the way to unlawful more easie . and it may be , the liberty of baptism by women at such times , doth sometimes embolden the rasher sort to do it where no such necessity is . but whether of permission besides law , or in presumption against law they do it , is it thereby altogether frustrate , void , and as though it were never given ? they which have not at the first their right baptism , must of necessity be rebaptized , because the law of christ tieth all men to receive baptism . iteration of baptism once given , hath been always thought a manifest contempt of that ancient apostolick aphorism , b one lord , one faith , one baptism : baptism not onely one , in as much as it hath every where the same substance , and offereth unto all men the same grace ; but one also , for that it ought not to be received by any one man above once . we serve that lord which is but one , because no other can be joyned with him : we embrace that faith which is but one , because it admitteth no innovation : that baptism we receive which is but one , because it cannot be received often . for how should we practice iteration of baptism , and yet teach , that we are by baptism born anew : that by baptism we are admitted unto the heavenly society of saints , that those things be really and effectually done by baptism , which are no more possible to be often done , c then a man can naturally be often born , or civilly be often adopted into any ones stock and family ! this also is the cause , why they that present us unto baptism , are entituled for ever after , our parents in god ; and the reason why there we receive new names , in token , that by baptism we are made new creatures . as christ hath therefore died , and risen from the dead but once ; so that sacrament , which both extinguisheth in him our former sin , and beginneth in us a new condition of life , is by one onely actual administration for ever available , according to that in the nicene creed , i believe one baptism for ●emission of sins . and because second baptism was ever abhorred in the church of god , as a kinde of incestuous birth , they that iterate baptism , are driven under some pretence or other , to make the former baptism void . tertullian , the first that proposed to the church ; agrippinus the first in the church that accepted , and against the use of the church ; novatianus the first , that publickly began to practice rebaptization , did it therefore upon these two grounds ; a true perswasion , that baptism is necessary ; and a false , that the baptism which others administred was no baptism . novatianus his conceit was , that none can administer true baptism , but the true church of jesus christ ; that he and his followers alone , were the church ; and for the rest , he accounted then wicked and prophane persons , such as by baptism could cleanse no man , unless they first did purifie themselves , and reform the faults wherewith he charged them . at which time , st. cyprian with the greatest part of affrican bishops , because they likewise thought , that none but onely the true church of god can baptize ; and were of nothing more certainly perswaded , then that hereticks are as rotten branches cut off from the life and body of the true church , gathered hereby , that the church of god both may with good consideration , and ought to reverse that baptism which is given by hereticks . these held and practised their own opinion , yet with great protestations often made , that they neither loved awhit , the less , nor thought in any respect the worse of them that were of a contrary minde . in requital of which ingenuous moderation , the rest that withstood them , did it in peaceable sort , with very good regard had of them , as of men in error , but not in heresie . the bishop of rome against their novelties , upheld , as beseemed him , the ancient and true apostolick customs , till they which unadvisedly before had erred , became in a manner all a reconciled friends unto truth , and saw that heresie in the ministers of baptism , could no way evacuate the force thereof : b such heresie alone excepted , as by reason of unsoundness in the highest articles of christian faith , presumed to change , and by changing to main the substance , the form of baptism , in which respect , the church did neither simply disannul , nor absolutely ratifie baptism by hereticks . for the baptism which novarianists gave , stood firm , whereas they whom c samosotenians had baptized , were rebaptized . it was likewise ordered in the council of arles , d that if any arian did reconcile himself to the church , they should admit him without new baptism , unless by examination they found him not baptized in the name of the trinity . dionysius , bishop of alexandria e , maketh report , how there live under him a man of good reputation , and of very ancient continuance in that church , who being present at the rites of baptism , and observing with better consideration then ever before , what was there done , came , and with weeping submission craved of his bishop , not to deny him baptism , the due of all which profess christ , seeing it had been so long sithence his evil hap to be deceived by the fraud of hereticks , and at their hands ( which till now , he never throughly and duly weighed ) to take a baptism full fraught with blasphemous impieties ; a baptism in nothing like unto that which the true church of christ useth . the bishop was greatly moved thereat , yet durst not adventure to rebaptize , but did the best he could to put him in good comfort , using much perswasion with him not to trouble himself with things that were past and gone , nor after so long continuance in the fellowship of gods people , to call now in question his first entrance . the poor man that law himself in this sort answered , but not satisfied , spent afterwards his life in continual perplexity , whereof the bishop remained fearful to give release ; perhaps too fearful , if the baptism were such as his own declaration importeth . for that , the substance whereof was rotten at the very first , is never by tract of time able to recover soundness . and where true baptism was not before given , the case of rebaptization is clear . but by this it appeareth , that baptism is not void in regard of heresie ; and therefore much less through any other moral defect in the minister thereof . under which second pretence , do●atists notwithstanding , took upon them to make frustrate the churches baptism , and themselves to rebaptize their own sry . for whereas some forty years after the martyrdom of blessed cyprian , the emperor dioclesian began to persecute the church of christ ; and for the speedier abolishment of their religion , to burn up their sacred books ; there were in the church it self traditors , content to deliver up the books of god by composition , to the end , their own lives might be spared . which men growing thereby odious to the rest , whose constancy was greater ; it fortuned that after , when one caecilian was ordained bishop in the church of carthage , whom others endeavored in vain to defeat by excepting against him as a traditor , they whose accusations could not prevail , desperately joyned themselves in one , and made a bishop of their own crue , accounting from that day forward , their faction , the onely true and sincere church . the first bishop on that part , was majorinus , whose successor donatus , being the first that wrote in defence of their schism , the birds that were hatched before by others , have their names from him . arians and donatists began both about one time . which heresies according to the different strength of their own sinews , wrought as hope of success led them ; the one with the choicest wits , the other with the multitude , so far , that after long and troublesome experience , the perfectest view men could take or both , was hardly able to induce any certain determinate resolution , whether error may do more by the curious subtilty of sharp discourse , or else by the meer appearance of zeal and devout affection ; the latter of which two aids , gave donatists , beyond all mens expectation , as great a sway as ever any schism or heresie had within that reach of the christian world , where it bred and grew ; the rather perhaps , because the church which neither greatly feared them , and besides had necessary cause to bend it self against others that aimed directly at a far higher mark , the deity of christ , was contented to let donatists have their course , by the space of threescore years and above , even from ten years before constantine , till the time that optatus , bishop of nilevis , published his books against parmenian . during which term , and the space of that schisms continuance afterwards , they had , besides many other secular and worldly means to help them forward , these special advantages . first , the very occasion of their breach with the church of god , a just hatred and dislike of traditors , seemed plausible ; they easily perswaded their hearers , that such men could not be holy as held communion and fellowship with them that betrayed religion . again , when to dazle the eyes of the simple , and to prove , that it can be no church which is not holy , they had in shew and sound of words the glorious pretence of the creed apostolick , i believe the holy catholick church : we need not think it any strange thing that with the multitude they gain credit . and avouching that such as are not of the true church , can administer no true baptism , they had for this point whole volums of st. cyprians own writing , together with the judgment of divers affrican synods , whose sentence was the same with his . whereupon , the fathers were likewise in defence of their just cause very greatly prejudiced , both for that they could not inforce the duty of mens communion with a church , confest to be in many things blame-worthy , unless they should oftentimes seem to speak as half-defenders of the faults themselves , or at the least not so vehement accusers thereof , as their adversaries ; and to withstand it●ration of baptism , the other branch of the donatists heresie was impossible , without manifest and profest rejection of cyprian , whom the world universally did in his life time , admire as the greatest among prelates , and now honor as not the lowest in the kingdom of heaven . so true we finde it by experience of all ages in the church of god , that the teachers error is the peoples tryal , harder and heavier by so much to bear , as he is in worth and regard greater , that mis-perswadeth them . although there was odds between cyprians cause and theirs , he differing from others of sounder understanding in that point , but not dividing himself from the body of the church by schism , as did the donatists . for which cause , saith vincentius , of one and the same opinion we judge ( which may seem strange ) the authors catholick , and the followers heretical : we acquit the masters , and condemn the scholars ; they are heirs of heaven which have writen those books , the defenders whereof , are trodden down to the pit of hell. the invectives of catholick writers therefore against them , are sharp ; the words of * imperial edicts by honorius and theodosius , made to bridle them very bitter , the punishments severe in revenge of their folly . howbeit , for fear ( as we may conjecture ) lest much should be derogated from the baptism of the church , and baptism by donatists be more esteemed of then was meet ; if on the one side , that which hereticks had done ill , should stand as good ; on the other side , that be reversed which the catholick church , had well and religiously done ; divers better minded then advised men , thought it fittest to meet with this inconvenience , by rebaptising donatists , as well as they rebaptized catholicks . for stay whereof , the same emperors saw it meet to give their law a double edge , whereby it might equally , on both sides , cut off not onely hereticks which rebaptized , whom they could pervert ; but also catholick and christian priests which did the like unto such as before had taken baptism at the hands of hereticks , and were afterwards reconciled to the church of god. donatists were therefore , in process of time , though with much ado , wearied , and at the length worn out by the constancy of that truth which reacheth , that evil ministers of good things are as torches , a light to others , a waste to none but themselves onely ; and that the soulness of their hands , can neither any whit impair the vertue , nor stain the glory of the mysteries of christ. now that which was done amiss by vertuous and good men , as cyprian carried aside with hatred against heresie ; and was secondly followed by donatists , whom envy and rancor , covered with shew of godliness , made obstinate to cancel whatsoever the church did in the sacrament of baptism ; hath of latter days , in another respect , far different from both the former , been brought freshly again into practice . for the anabaptist rebaptizeth , because , in his estimation , the baptism of the church is frustrate , for that we give it unto infants which have not faith ; whereas , according unto christs institution , as they conceive it , true baptism should always presuppose actual belief in receivers , and is otherwise no baptism . of these three errors , there is not any but hath been able , at the least , to alledge in defence of it self , many fair probabilities . notwithstanding , sith the church of god hath hitherto always constantly maintained , that to rebaptize them which are known to have received true baptism is unlawful ; that if baptism seriously be administred in the same element , and with the same form of words which christs institution teacheth , there is no other defect in the world that can make it frustrate , or deprive it of the nature of a true sacrament : and lastly , that baptism is onely then to be re-adminstred , when the first delivery thereof is void , in regard of the fore-alledged imperfections , and no other : shall we now in the case of baptism , which having both for matter and form , the substance of christs institution , is by a fourth sort of men voided , for the onely defect of ecclesiastical authority in the minister , think it enough , that they blow away the force thereof , with the bare strength of their very breath , by saying , we take such baptism to be no more the sacrament of baptism , then any other ordinary bathing to be a sacrament ? it behoveth generally all sorts of men to keep themselves within the limits of their own vocation . and seeing god , from whom mers several degrees and pre-eminences do proceed , hath appointed them in his church , at whose hands his pleasure is , that we should receive both baptism , and all other publick medicinable helps of soul , perhaps thereby the more to settle our hearts in the love of our ghostly superiors , they have small cause to hope that with him their voluntary services will be accepted , who thrust themselves into functions , either above their capacity , or besides their place , and over-boldly intermeddle with duties , whereof no charge was ever give them , they that in any thing exceed the compass of their own order , do as much as in them lieth , to dissolve that order which is the harmony of gods church . suppose therefore , that in these and the like considerations , the law did utterly prohibite baptism to be administred by any other , then persons thereunto solemnly consecrated , what necessity soever happen ; are not * many things firm being done , although in part done otherwise then positive rigor and strictness did require ? nature , as much as is possible , inclineth unto validities and preservations . dissolutions and nullities of things done are not onely not favored , but hated , when other urged without cause , or extended beyond their reach : if therefore at any time it come to pass , that in reaching publickly or privately , in delivering this blessed sacrament of regeneration , some unsanctified hand , contrary to christs supposed ordinance , do intrude it self to execute that , whereunto the laws of god and his church have deputed others , which of these two opinions seemeth more agreeable with equity , outs that disallow what is done amiss , yet make not the force of the word and sacraments , much less their nature and very substance to depend on the ministers authority and calling , or else a theirs which defeat , disannul , and annihilate both , in respect of that one onely personal defect , there being not any law of god , which saith , that if the minister be incompetent , his word shall be no word , his baptism no baptism ? he which teacheth , and is not sent , loseth the reward , but yet retaineth the name of a teacher : his usurped actions have in him the same nature which they have in others , although they yield him not the same comfort . and if these two cases be peers , the case of doctrine , and the case of baptism both alike ; sith no defect in their vocation that teach the truth , is able to take away the benefit thereof from him which heareth , wherefore should the want of a lawful calling in them that baptize , make baptism to be vain ? b they grant , that the matter and the form in sacraments are the onely parts of substance , and that if these two be retained , albeit other things besides be used which are inconvenient , the sacrament notwithstanding is administred , but not sincerely . why persist they not in this opinion ? when by these fair speeches , they have put us in hope of agreement ? wherefore sup they ●up their words again , interlacing such frivolous interpretations and glosses as disgrace their sentence ? what should move them , having named the matter and the form of the sacrament , to give us presently warning , c that they mean by the form of the sacrament , the institution ; which exposition darkneth whatsoever was before plain ? for whereas in common understanding , that form , which added to the element , doth make a sacrament , and is of the outward substance thereof , containeth onely the words of usual application , they set it down ( lest common dictionaries should deceive us ) that the form doth signifie in their language , the institution ; which institution in truth , comprehendeth both form and matter . such are their fumbling shifts to inclose the ministers vocation within the compass of some essential part of the sacrament . a thing that can never stand with sound and sincere construction . for what if the d minister be no circumstance , but a subordinate efficient cause in the work of baptism ? what if the ministers vocation be a matter e of perpetual necessity , and not a ceremony variable as times and occasions require ? what if his calling be a principal part of the institution of christ ? doth it therefore follow , that the ministers authority is f of the substance of the sacrament , and as incident into the nature thereof , as the matter and the form it self , yea , more incident ? for whereas in case of necessity , the greatest amongst them professeth the change of the element of water lawful , and others which like not so well this opinion , could be better content , that voluntarily the words of christs institution were altered , and men baptized in the name of christ , without either mention made of the father , or of the holy ghost ; nevertheless , in denying that baptism administred by private persons ought to be reckoned of as a sacrament , they both agree . it may therefore please them both to consider , that baptism is an action in part moral , in part ecclesiastical , and in part mystical : moral , as being a duty which men perform towards god ; ecclesiastical , in that it belongeth unto gods church as a publick duty : finally , mystical , if we respect what god doth thereby intend to work . the greatest moral perfection of baptism consisteth in mens devout obedience to the law of god , which law requireth both the outward act or thing done , and also that religious affection which god doth so much regard , that without it , whatsoever we do , is ●tateful in his sight , who therefore is said to respect adverbs , more then verbs , because the end of his law , in appointing what we shall do , is our own perfection ; which perfection consisteth chiefly in the vertuous disposition of the minde , and approveth it self to him , not by doing , but by doing well . wherein appeareth also , the difference between humane and divine laws ; the one of which two are content with opus operatum , the other require opus operantis ; the one do but claim the deed , the other , especially the minde . so that according to laws , which principally respect the heart of men , works of religion being not religiously performed , cannot morally be perfect . baptism as an ecclesiastical work , is for the manner of performance , ordered by divers ecclesiastical laws , providing , that as the sacrament it self , is a gift of no mean worth ; so the ministery thereof , might in all circumstances , appear to be a function of no small regard . all that belongeth to the mystical perfection of baptism outwardly , is the element , the word , and the serious application of both , unto him which receiveth both ; whereunto , if we add that secret reference which this action hath to li●e and remission of sins , by vertue of christs own compact solemnly made with his church , to accomplish fully the sacrament of baptism , there is not any thing more required . now put the question , whether baptism , administred to infants , without my spiritual calling , be unto them both a true sacrament , and an effectual instrument of grace ; or else an act of no more account , then the ordinary washings are . the sum of all that can be said to defeat such baptism , is , that those things which have no being , can work nothing ; and that baptism , without the power of ordination , is , as a judgment without sufficient jurisdiction , void , frustrate , and of no effect . but to this we answer , that the fruit of baptism dependeth onely upon the covenant which god hath made : that god by covenant requireth in the elder sort , faith and baptism ; in children , the sacrament of baptism alone , whereunto he hath also given them right by special priviledge of birth , within the bosom of the holy church : that infants therefore , which have received baptism compleat , as touching the mystical perfection thereof , are by vertue of his own covenant and promise cleansed from all sin ; for as much as all other laws , concerning that which in baptism is either moral or ecclesiastical , do binde the church which giveth baptism , and not the infant which receiveth it of the church . so that if any thing be therein amiss , the harm which groweth by violation of holy ordinances , must altogether rest , where the bonds of such ordinances hold . for , that in actions of this nature , it fareth not as in jurisdictions , may somewhat appear by the very opinion which men have of them . the nullity of that which a judge doth by way of authority without authority , is known to all men , and agreed upon with full consent of the whole world , every man receiveth it as a general edict of nature ; whereas the nullity of baptism , in regard of the like defect , is onely a few mens new ungrounded , and as yet unapproved imagination . which difference of generality in mens perswasions on the one side , and their paucity whose conceit leadeth them the other way , hath risen from a difference easie to observe in the things themselves . the exercise of unauthorised jurisdiction is a grievance unto them that are under it , whereas they that without authority presume to baptize , offer nothing but that which to all men is good and acceptable . sacraments are food , and the ministers thereof , as parents , or as nurses ; at whose hands when there is necessity , but no possibility of receiving it , if that which they are not present to do in right of their office , be of pity and compassion done by others ; shall this be thought turn celestial bread into gravel , or the medicine of souls into poyson ? jurisdiction is a yoke , which law hath imposed on the necks of men in such sort , that they must endure it for the good of others , how contrary soever it be to their own particular appetites and inclinations : jurisdiction bridleth men against their wills ; that which a judge doth , prevails by vertue of his very power ; and therefore , not without great reason , except the law hath given him authority , whatsoever he doth , vanisheth . baptism on the other side , being a favor which it pleaseth god to bestow , a benefit of soul to us that receive it , and a grace , which they that deliver , are but as meer vessels , either appointed by others , or offered of their own accord to this service ; of which two , if they be the one , it is but their own honor , their own offence to be the other : can it possibly stand with * equity and right , that the faultiness of their presumption in giving baptism , should be able to prejudice us , who by taking baptism have no way offended ? i know there are many sentences found in the books and writings of the ancient fathers , to prove both ecclesiastical and also moral defects in the minister of baptism , a bar to the heavenly benefit thereof , which sentences we always so understand , as augustine understood in a case of like nature , the words of st. cyprian . when infants baptized , were , after their parents revolt , carried by them in arms to the stews of idols , those wretched creatures , as st. cyprian thought , were not onely their own ruine , but their childrens also : their children , whom this their apostasie prophaned , did lose what christian baptism had given them being newly born . they lost ( saith st. augustine ) the grace of baptism , if we consider to what their parents impiety did tend ; although the mercy of god preserved them , and will also in that dreadful day of account give them favorable audience , pleading in their own behalf : the harm of other mens perfidiousness , it lay not in us to avoid . after the same manner , whatsoever we read written , if it sound to the prejudice of baptism , through any either moral or ecclesiastical defect therein , we construe it , as equity and reason teacheth , with restraint to the offender onely ; which doth , as far as concerneth himself , and them which wittingly concur with him , make the sacrament of godfruitless . st. augustines doubtfulness , whether baptism by a lay man may stand , or ought to be readministred , should not be mentioned by them which presume to define peremptorily of that , wherein he was content to profess himself unresolved . albeit , in very truth , his opinion is plain enough ; but the manner of delivering his judgment being modest , they make of a vertue , an imbecillity , and impute his calmness of speech to an irresolution of minde . his disputation in that place , is against parmenian , which held , that a bishop , or a priest , if they fall into any heresie , do thereby lose the power which they had before to baptize ; and that therefore baptism by hereticks , is meerly void . for answer whereof , he first denieth , that heresie can more deprive men of power to baptize others , then it is of force to take from them their own baptism : and in the second place , he farther addeth , that if hereticks did lose the power which before was given them by ordination , and did therefore unlawfully usurp as oft as they took upon them to give the sacrament of baptism , it followeth not , that baptism , by them administred without authority , is no baptism . for then , what should we think of baptism by laymen , to whom authority was never given ? i doubt ( saith st. augustine ) whether any man which carrieth a vertuous and godly minde , will affirm , that the baptism which laymen do in case of necessity administer , should be iterated , for to do it unnecessarily , is to execute another mans office ; necessity urging , to do it is then either no fault at all ( much less so grievous a crime , that it should deserve to be termed by the name of sacriledge , ) or , if any , a very pardonable fault . but suppose it even of very purpose usurped and given unto any man , by every man that listeth ; yet that which is given , cannot possibly be denied to have been given , how truly soever we may say , it hath not been given lawfully . unlawful usurpation , a penitent affection must red●ess . if not , the thing that was given , shall remain to the hurt and detriment of him , which unlawfully either administred , or received the same ; yet so , that in this respect it ought not to be reputed , as if it had not at all been given . whereby we may plainly perceive , that st. augustine was not himself uncertain what to think , but doubtful , whether any well-minded man , in the whole world , could think otherwise then he did . their * argument taken from a stoin seal , may return to the place out of which they had it , for it helpeth their cause nothing . that which men give or grant to others , must appear to have proceeded of their own accord . this being manifest , their gifts and grants are thereby made effectual , both to bar themselves from revocation , and to assecure the right they have given . wherein , for further prevention of mischiefs that otherwise might grow by the malice , treachery , and fraud of men , it is both equal and meet , that the strength of mens deeds , and the instruments which declare the same , should strictly depend upon divers solemnities , whereof there cannot be the like reason in things that pass between god and us ; because sith we need not doubt , lest the treasures of his heavenly grace , should , without his consent , be past by forged conveyances ; nor lest he should deny at any time his own acts , and seek to revoke what hath been consented unto before : as there is no such fear of danger through deceit and falshood in this case , so neither hath the circumstance of mens persons that waight in baptism ; which for good and just considerations in the custody of seals of office , it ought to have . the grace of baptism cometh by donation from god alone : that god hath committed the ministery of baptism unto special men , it is for orders sake in his church , and not to the end , that their authority might give being , or add force to the sacrament it self . that infants have right to the sacrament in baptism , we all acknowledge . charge them we cannot , as guilful and wrongful possessors of that , whereunto they have right by the manifest will of the donor , and are not parties unto any defect or disorder in the manner of receiving the same . and if any such disorder be , we have sufficiently before declared , that delictum cum capite semper ambulat , mens own faults are their own harms . wherefore , to countervail this and the like mischosen resemblances , with that which more truly and plainly agreeth ; the ordinance of god , concerning their vocation that minister baptism , wherein the mystery of our regeneration is wrought , hath thereunto the same analogy , which laws of wedlock have to our first nativity and birth : so that if nature do effect procreation , notwithstanding the wicked violation and breach even of natures law , made that the entrance of all mankinde into this present world might be without blemish ; may we not justly presume , that grace doth accomplish the other , although there be faultiness in them that transgress the order which our lord jesus christ hath established in his church ? some light may be borrowed from circumcision , for explication of what is true in this question of baptism . seeing then , that even they which condemn zipporah the wife of moses , for taking upon her to circumcise her son , a thing necessary at that time for her to do , and as i think very hard to reprove in her , considering how moses , because himself had not done it sooner , was therefore stricken by the hand of god , neither could in that extremity perform the office ; whereupon , for the stay of gods indignation , there was no choice , but the action must needs fall into her hands ; whose fact therein , whether we interpret , as some have done , that being a midianite , and as yet not so throughly acquainted with the jewish rites , it much discontented her , to see her self , through her husbands oversight , in a matter of his own religion , brought unto these perplexities and straights ; that either she must now endure him perishing before her eyes , or else wound the flesh of her own childe ; which she could not do , but with seme indignation shewed , in that she fumingly , both threw down the foreskin at his feet , and upbraided him with the cruelty of his religion : or , if we better like to follow their more judicious exposition , which are not inclinable to think , that moses was matched like socrates , nor that circumcision could now in eleazar , be strange unto her , having had gersons her elder son before circumcised , nor that any occasion of ch●ler could rise from a spectacle of such misery , as doth a naturally move compassion , and not wrath ; nor that zipporah was so impious , as in the visible presence of gods deserved anger , to storm at the ordinance and law of god ; not that the words of the history it self , can inforce any such affection ; but do onely declare how after the act performed , she touched the feet of moses , saying , b sponsus tu mihi as sanguinum , thou art unto me an husband of blood ; which might be very well , the one done , and the other spoken , even out of the slowing abundance of commiseration and love , to signifie , with hands laid under his feet , that her tender affection towards him , had caused her thus to forget woman-hood , to lay all motherly affection aside , and to redeem her husband out of the hands of death , with effusion of blood : the sequel thereof , take it which way you will , is a plain argument , that god was satisfied with that she did , as may appeal by his own testimony , declaring , how there followed in the person of moses , present release of his grievous punishment upon her speedy discharge of that duty , which by him neglected , had offended god ; even , as after execution of justice by the hands of phineas , the plague was immediately taken away , which former impunity of sin had caused ; in which so manifest and plain cases , not to make that a reason of the event , which god himself hath set down as a reason , were falsly to accuse whom he doth justifie , and without any cause to traduce what we should allow ; yet seeing , they which will have it a breach of the law of god , for her to circumcise in that necessity , are not able to deny , but circumcision being in that very manner performed , was to the innocent childe which received it , true circumcision ; why should that defect , whereby circumcision was so little wealmed , be to baptism a deadly wound ? these premises therefore remaining , as hitherto they have been laid , because the commandment of our saviour christ , which committeth joyntly to publick ministers , both doctrine and baptism , doth no more , by linking them together , import , that the nature of the sacrament dependeth on the ministers authority and power to preach the word , then the force and vertue of the word doth on licence to give the sacrament ; and considering , that the work of external ministery in baptism , is onely a pre-eminence of honor , which they that take to themselves , and are not thereunto called as aaron was , do but themselves in their own persons , by means of such usurpation , incur the just blame of disobedience to the law of god ; father also , in as much as it standeth with no reason , that errors grounded on a wrong interpretation of other mens deeds , should make frustrate whatsoever is misconceived ; and that baptism by women , should cease to be baptism , as oft as any man will thereby gather , that children which die unbaptized are damned ; which opinion , if the act of baptism administred in such manner , did inforce , it might be sufficient cause of disliking the same , but none of defeating or making it altogether void : last of all , whereas general and full consent of the godly-learned in all ages , doth make for validity of baptism ; yea , albeit administred in private , and even by women ; which kinde of baptism , in case of necessity , divers reformed churches do both allow and defend ; some others which do not defend , tolerate ; few , in comparison , and they without any just cause , do utterly disannul and annihilate : surely , howsoever through defect on either side , the sacrament may be without fruit , as well in some cases to him which receiveth , as to him which giveth it ; yet no disability of either part can so far make it frustrate and without effect , as to deprive it of the very nature of true baptism , having all things else which the ordinance of christ requireth . whereupon we may consequently infer , that the administration of this , sacrament by private persons , be it lawful or unlawful , appeareth not as yet to be meerly void . . all that are of the race of christ , the scripture nameth them , children of the promise , which god hath made . the promise of eternal life , is the seed of the church of god. and because there is no attainment of life , but through the onely begotten son of god , nor by him otherwise then being such as the creed apostolick describeth ; it followeth , that the articles thereof , are principles necessary for all men to subscribe unto , whom by baptism the church receiveth into christs school . all points of christian doctrine are either demonstrable conclusions , or demonstrative principles . conclusions having strong and invincible proofs , as well in the school of jesus christ , as elswhere . and principles be grounds , which require no proof in any kinde of science , because it sufficeth , if either ther certainty be evident in it self , or evident by the light of some higher knowledge ; and in it self , such , as no mans knowledge is ever able to overthrow . now the principles whereupon we do build our souls , have their evidence where they had their original ; and as received from thence , we adore them , we hold them in reverend admiration , we neither argue nor dispute about them , we give unto them that assent which the oracles of god require . we are not therefore ashamed of the gospel of our lord jesus christ , because miscreants in scorn have upbraided us , that the highest point of our wisdom , is belief . that which is true , and neither can be disceined by sense , not concluded by meer natural principles , must have principles of revealed truth whereupon to build it self , and an habit of faith in us , wherewith principles of that kinde are apprehended . * the mysteries of our religion are above the reach of our understanding , above discourse of mans reason , above all that any creature can comprehend . therefore the first thing required of him , which standeth for admission into christs family , is belief . which belief consisteth not so much in knowledge , as in acknowledgment of all things that heavenly wisdom revealeth ; the affection of faith is above her reach , her love to god-ward above the comprehension which the hath of god. and because onely for believers all things may be done , he which is goodness it self , loveth them above all . deserve we then the love of god , because we believe in the son of god ? what more opposite then faith and pride ? when god had created all things , he looked upon them , and loved them , because they were all as himself had made them . so the true reason wherefore christ doth love believers , is , because their belief is the gift of god , a gift then which flesh and blood in this world cannot possibly receive a greater . and as to love them , of whom we receive good things , is duty , because they satisfie our desires in that which else we should want ; so to love them on whom we bestow , is nature , because in them we behold the effects of our own vertue . seeing therefore no religion enjoyeth sacraments , the signs of gods love , unless it have also that faith whereupon the sacraments are built , could there be any thing more convenient then that our first admittance to the actual receit of his grace in the sacrament of baptism , should be consecrated with profession of belief ; which is to the kingdom of god as a key , the want whereof excludeth infidels , both from that and from all other saving grace : we finde by experience , that although faith be an intellectual habit of the minde , and have her seat in the understanding , yet an evil moral disposition , obstinately wedded to the love of darkness , dampeth the very light of heavenly illumination , and permitteth not the minde to see what doth shine before it . men are lovers of pleasure , more then lovers of god. their assent to his saving truth , is many times with-held from it , not that the truth is too weak to perswade , but because the stream of corrupt affection carrieth them a clean contrary way . that the minde therefore may abide in the light of faith , there must abide in the will as constant a resolution to have no fellowship at all with the vanities and works of darkness . two covenants there are which christian men ( saith isidor ) do make in baptism , the one concerning relinquishment of satan , the other touching obedience to the faith of christ. in like sort st. ambrose , he which is baptized , forsaketh the intellectual pharaoh , the prince of this world , saying , abrenuncio ; thee , o satan , and thy angels , thy works and thy mandates , i forsake utterly . tertullian having speech of wicked spirits : these ( saith he ) are the angels which we in baptism renounce . a the declaration of iustin the martyr concerning baptism , sheweth how such as the church in those days did baptize , made profession of christian belief , and undertook to live accordingly . neither do i think it a matter easie for any man to prove , that ever baptism did use to be administred without interrogatories of these two kindes . whereunto b st. peter ( as it may be thought ) alluding , hath said , that the baptism which saveth us , is not ( as legal purifications were ) a cleansing of the flesh from outward impurity , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as interrogative tryal of a good conscience towards god. . now the fault which they finde with us concerning interrogatories , is , our moving of these questions unto infants which cannot answer them , and the answering of them by others as in their names . the anabaptist hath many pretences to scorn at the baptism of children : first , because the scriptures , he saith , do no where give commandment to baptize infants : secondly , for that , as there is no commandment , so neither any manifest example , shewing it to have been done either by christ , or his apostles : thirdly , in as much as the word preached , and the sacraments , must go together ; they which are not capable of the one , are no fit receivers of the other : last of all , sith the order of baptism continued from the first beginning , hath in it those things which are unfit to be applied unto sucking children ; it followeth in their conceit , that the baptism of such is no baptism , but plain mockery . they with whom we contend , are no enemies to the baptism of infants ; it is not their desire , that the church should hazard so many souls , by letting them run on till they come to ripeness of understanding , that so they may be converted , and then baptized , as infidels heretofore have been ; they bear not towards god so unthankful mindes , as not to acknowledge it even amongst the greatest of his endless mercies , that by making us his own possession so soon , many advantages which satan otherwise might take are prevented , and ( which should be esteemed a part of no small happiness ) the first thing whereof we have occasion to take notice , is , how much hath been done already to our great good , though altogether without our knowledge : the baptism of infants , they esteem as an ordinance which christ hath instituted , even in special love and favor to his own people : they deny not the practice thereof accordingly to have been kept , as derived from the hands , and continued from the days of the apostles themselves unto this present ; onely it pleaseth them not , that to infants there should be interrogatories proposed in baptism . this they condemn as foolish , toyish , and profane mockery : but are they able to shew , that ever the church of christ had any publick form of baptism without interrogatories ; or , that the church did ever use at the solemn baptism of infants , to omit those questions as needless in this case ? * ioniface , a bishop in st. augustines time , knowing , that the church did universally use this custom of baptising infants with interrogatories , was desirous to learn from st. augustine , the true cause and reason thereof . if ( saith he ) i should see before thee a young infant , and should ask of thee , whether that infant when he cometh unto riper age , will be honest and just , or no ; thou wouldst answer ( i know ) that to tell in these things what shall come to pass , is not in the power of mortal man. if i should ask , what good or evil such an infant thinketh ? thine answer hereunto must needs be again with the like uncertainty . if them neither canst promise for the time to come , nor for the present pronounce any thing in this case ; how is it , that when such are brought unto baptism , their parents there undertake what the childe shall afterwards do ? yea , they are not doubtful to say , it doth that which is impossible to be done by infants . at the least there is no man precisely able to affirm it done . vonchsafe me hereunto some short answer , such as not onely may press me with the bare authority of custom , but also instruct me in the cause thereof . touching which difficulty , whether it may truly be said for infants , at the time of their baptism , that they do believe ; the effect of st. angustines answer is , yea , but with this distinction , a present actual habit of faith there is not in them ; there is delivered unto them that sacrament , a part of the due celebration whereof consisting in answering to the articles of faith , because the habit of faith , which afterwards doth come with years , is but a farther building up of the same edifice , the first foundation whereof was laid by the sacrament of baptism . for that which there we professed without any understanding , when we afterwards come to acknowledge , do we any thing else , but onely bring unto ripeness , the very seed that was sown before ? we are then believers , because then we begun to be that which process of time doth make perfect . and till we come to actual belief , the very sacrament of faith is a shield as strong as after this the faith of the sacrament against all contrary internal powers . which , whosoever doth think impossible , is undoubtedly farther off from christian belief , though he be baptized , then are these innocents , which at their baptism , albeit they have no conceit cogitation of faith , are notwithstanding pure , and free from all opposite cogitations , whereas the other is not free . if therefore without any fear or scruple , we may account them , and term them believers onely for their outward professions sake , which inwardly are farther from faith then infants , why not infants much more at the time of their solemn initiation by baptism , the sacrament of faith , whereunto they not onely conceive nothing opposite , but have also that a grace given them , which is the first and most effectual cause out of which our belief groweth ? in sum , the whole church is a multitude of believers , all honored with that title , even hypocrites for their professions sake , as well as saints , because of their inward sincere perswasion , and infants as being in the first degree of their ghostly motions towards the actual habit of faith ; the first sort are faithful in the eye of the world ; the second faithful in the sight of god ; the last in the ready direct way to become both , if all things after be suitable to these their present beginnings . this ( saith st. augustine ) would not happily content such persons , as are uncapable or unquiet ; but to them which having knowledge , are not troublesome , it may suffice . wherein i have not for case of my self objected against you that custom onely , then which , nothing is more from ; but of a custom most profitable , i have done that little which i could , ●● yield you a reasonable cause . were st. augustine now living , there are which would tell him for his better instruction , that to say b of a childe , it is elect , and to say it , doth believe , are all one ; for which cause , sith no man is able precisely to affirm the one of any infant in particular , it followeth , that precisely and absolutely we ought not to say the other . which precise and absolute terms , are needless in this case . we speak of infants , as the rule of piety alloweth both to speak and think . they that can take to themselves , in ordinary talk , a charitable kinde of liberty to name men of their own sort , gods dear children ( notwithstanding the large reign of of hyprocrisie ) should not methinks be so strict and rigorous against the church for presuming as it doth , of a christian innocent . for when we know how christ is general hath said , that of such is the kingdom of heaven , which kingdom is the inheritance of gods elect ; and do withal behold , how his providence hath called them unto the first beginnings of eternal life , and presented them at the well-spring of new-birth , wherein original sin is purged ; besides which sin , there is no hinderance of their salvation known to us , as themselves will grant ; hard it were , that loving so many fair inducements whereupon to ground , we should not be thought to utter , at the least , a truth as probable and allowable in terming any such particular infant an elect babe , as in presuming c the like of others , whose safety nevertheless we are not absolutely able to warrant . if any troubled with these seruples , be onely for instructions sake , desirous to know yet some farther reason , why interrogatories should be ministred to infants in baptism , and be answered unto by others , as in their names ; they may consider , that baptism implieth a covenant or league between god and man , wherein as god doth bestow presently remission of sins and the holy ghost , hinding also himself to add in process of time , what grace soever shall be farther necessary for the attainment of everlasting life ; so every baptized soul receiving the same grace at the hands of god , tieth likewise it self for ever to the observation of his law , no less then the jews d by circumcision bound themselves to the law of moses . the law of christ requiring therefore faith and newness of life in all men , by vertue of the covenant which they make in baptism , is it toyish , that the church in baptism exacteth at every mans hands an express profession of faith , and an inevocable promise of obedience by way of e solemn stipulation ? that infants may contract and covenant with god , f the law is plain . neither is the reason of the law obscure : for sith it rendeth , we cannot sufficiently express how much , to their own good , and doth no way hurt or endanger them to begin the race of their lives herewith ; they are , as equity requireth , admitted hereunto , and in favor of their tender years , such formal complements of stipulation , as being requisite , are impossible by themselves in their own persons to be performed , leave is given , that they may & sufficiently discharge by others . albeit therefore , neither deaf , nor dumb men , neither surious persons , nor children , can receive any civil stipulation ; yet this kinde of ghostly stipulation they may through his indulgence , who respecting the singular benefit thereof ; accepteth children brought unto him for that end , entrech into articles of covenant with them , and in tender commiseration , granteth that other mens professions and promises in baptism made for them , shall avail no less , then if they had been themselves , able to have made their own . none more fit to undertake this office in their behalf , then such as present them unto baptism . a wrong conceit , that none may receive the sacrament of baptism , but they whose parents , at the least the one of them , are by the soundness of their religion , and by their vertuous demeanor , known to be men of god , hath caused some to repel children whosoever bring them , if their parents be mis-perswaded in religion , or sot other mis-deserts ex-communicated ; some likewise for that cause to withhold baptism , unless the father , albeit no such exception can justly be taken against him , do notwithstanding make profession of his faith , and avouch the childe to be his own . thus whereas god hath appointed them ministers of holy things , they make themselves inquisitors of mens persons , a great deal farther then need is . they should consider , that god hath ordained baptism in favor of mankinde . to restrain favors is an odious thing , to enlarge them , acceptable both to god and man : whereas therefore the civil law gave divers immunities to them which were fathers of three children , and had them living ; those immunities they held , although their children were all dead , if war had consumed them , because it seemed in that case not against reason , to repute them by a courteous construction of law as live men , in that the honor of their service done to the commonwealth would remain always . can it hurt us , in exhibiting the graces which god doth bestow on men ; or can it prejudice his glory , if the self-same equity guide and direct our hands ? when god made his covenant with such as had abraham to their father , was onely abrahams immediate issue , or onely his lineal posterity according to the flesh , included in that covenant ? were not proselytes as well as jews , always taken for the sons of abraham ? yea , because the very heads of families are fathers in some sort , as touching providence and care for the meanest that belong unto them ; the servants which abraham had bought with money , were as capable of circumcision , being newly born , as any natural childe that abraham himself begat . be it then , that baptism belongeth to none , but such as either believe presently , or else being infants , are the children of believing parents ; in case the church do bring children to the holy font , whose natural parents are either unknown , or known to be such as the church accurseth , but yet forgetteth not in that severity , to take compassion upon their off-spring , ( for it is the church which doth offer them to baptism by the ministry of presenters ) were it not against both equity and duty to refuse the mother of believers her self , and not to take her in this case for a faithful parent ? it is not the vertue of our fathers , nor the faith of any other that can give us the true holiness which we have by vertue of our new birth . yet even through the common faith and spirit of gods church ( a thing which no quality of parents can prejudice ) i say , through the faith of the church of god , undertaking the motherly care of oursouls , so far forth we may be , and are in our infancy sanctified , as to be thereby made sufficiently capable of baptism , and to be interessed in the rites of our new birth for their pieties sake that offer us thereunto . it cometh sometime to pass ( saith st. augustine ) that the children of bond-slaves are brought to baptism by their lord ; sometime the parents being dead , the friends alive undertake that office , sometime stangers or virgins consecrated unto god , which neither have , nor can have children of their own , take up infants in the open streets , and so offer them unto baptism , whom the cruelty of unnatural parents casteth out , and leaveth to the adventure of uncertain pity . as therefore he which did the part of a neighbor , was a neighbor to that wounded man whom the parable of the gospel describeth ; so they are fathers , although strangers , that bring infants to him which maketh them the sons of god. in the phrase of some kinde of men , they use to be termed witnesses , as if they came but to see and testifie what is done . it savoreth more of piety to give them their old accustomed name of fathers and mothers in god , whereby they are well put in minde what affection they ought to bear towards those innocents , for whose religious education , the church accepteth them as pledges . this therefore is their own duty : but because the answer which they make to the usual demands of stipulation proposed in baptism , is not their own ; the church doth best to receive it of them , in that form which best sheweth whose the act is . that which a guardian doth in the name of his guard or pupil , standeth by natural equity forcible for his benefit , though it be done without his knowledge . and shall we judge it a thing unreasonable , or in any respect unfit , that infants by words which others utter , should , though unwittingly , yet truly and forcibly , binde themselves to that whereby their estate is so assuredly bettered ? herewith nestorius a the heretick was charged , as having faln from his first profession , and broken the promise which he made to god in the arms of others . of such as profaned themselves , being christians , with irreligious delight in the ensigns of idolatry , heathenish spectacles , shows , and stage-plays , b tertullian to strike them the more deep , claimeth the promise which they made in baptism . why were they dumb , being thus challenged ? wherefore stood they not up to answer in their own defence , that such professions and promises made in their names , were frivolous ; that all which others undertook for them , was but mockery and profanation ? that which no heretick , no wicked liver , no impious despiset of god , no miscreant or malefactor , which had himself been baptized , was ever so desperate as to disgorge in contempt of so fruitfully received customs , is now their voice that restore , as they say , the ancient purity of religion . . in baptism many things of very ancient continuance are now quite and clean abolished ; for that the vertue and grace of this sacrament had been therewith over-shadowed , as fruit with too great abundance of leaves . notwithstanding to them , which think that always imperfect reformation , that doth but shear and not flea ; our retaining certain of those former rites , especially the dangerous sign of the cross , hath seemed almost an impardonable oversight . the cross ( they say ) sith it is but a meer invention of man , should not therefore at all have been added to the sacrament of baptism . to sign childrens foreheads with a cross , in token that hereafter they shall not be ashamed to make profession of the faith of christ , is to bring into the church a new word , whereas there ought to be no doctor heard in the church but our saviour christ. that reason which moved the fathers to use , should move us not to use the sign of the cross. they lived with heathens which had the cross of christ in contempt , we with such as adore the cross ; and therefore we ought to abandon it , even as , in like consideration , ezekias did of old the brazen serpent . these are the causes of displeasure conceived against the cross ; a ceremony , the use whereof hath been profitable , although we observe it not as the ordinance of god , but of men. for ( saith tertullian ) if of this and the like customs , thou shouldst require some commandment to be shewed thee out of scriptures , there is none found . what reason there is to justifie tradition , life , or custom in this behalf , either thou maist of thy self perceive , or else learn of some other that doth . lest therefore the name of tradition should be offensive to any , considering how far by some it hath been , and is abused , we mean by c traditions , or ordinances made in the prime of christian religion , established with that authority which christ hath left to his church for matters indifferent ; and in that consideration requisite to be observed , till like authority see just and reasonable cause to alter them . so that traditions ecclesiastical are not rudely and in gross to be shaken off , because the inventors of them were men . such as say , they allow no d invention of men to be mingled with the outward administration of sacraments ; and under that pretence , condemn our using the sign of the cross , have belike some special dispensation themselves to violate their own rules . for neither can they indeed decently , nor do they ever baptize any without manifest breach of this their profound axiom , that mens inventions should not be mingled with sacraments and institutions of god. they seem to like very well in baptism , the custom of god-fathers , because so generally the churches have received it . which custom , being of god no more instituted then the other ( howsoever they pretend the other hurtful , and this profitable ) it followeth , that even in their own opinion , if their words do shew their mindes , there is no necessity of stripping sacraments out of all such attire of ceremonies , as mans wisdom hath at any time cloathed them withal ; and consequently , that either they must reform their speech as over-general , or else condemn their own practice as unlawful . ceremonies have more in weight then in sight ; they work by commonness of use much , although in the several acts of their usage , we scarcely discern any good they do . and because the use which they have for the most part , is not perfectly understood , superstition is apt to impute unto them greater vertue then indeed they have . for prevention whereof , when we use this ceremony we always plainly express the end whereunto it serveth , namely , for a sign of remembrance to put us in minde of our duty . but by this mean , they say , we make it a great deal worse . for why ? seeing god hath no where commanded to draw two lines in token of the duty which we ow to christ , our practice with this exposition publisheth a new gospel , and causeth another word to have place in the church of christ , where no voice ought to be heard but his . by which good reason the authors of those grave admonitions to the parliament are well-holpen up , which held , that sitting at communions , betokeneth rest and full accomplishment of legal ceremonies in our saviour christ. for although it be the word of god , that such ceremonies are expired ; yet seeing it is not the word of god , that men to signifie so much should sit at the table of our lord ; these have their doom as well as others , guilty of a new devised gospel in the church of christ. which strange imagination is begotten of a special dislike they have to hear , that ceremonies now in use , should be thought significant ; whereas , in truth , such as are not significant must needs be vain . ceremonies destitute of signification , are no better then the idle gestures of men , whose broken wits are not masters of what they do . for if we look but into secular and civil complements , what other cause can there possibly be given why to omit them , where of course they are looked for ; for where they are not so due , to use them , bringeth mens secret intents often-times into great jealousie : i would know , i say , what reason we are able to yield , why things so light in their own nature should weigh in the opinions of men so much , saving onely in regard of that which they use to signifie or betoken ? doth not our lord jesus christ * himself impute the omission of some courteous ceremonies , even in domestical entertainment , to a colder degree of loving affection , and take the contrary in better part , not so much respecting what was less done , as what was signified less by the one , then by the other ? for , to that very end , he referreth in part those gracious expostulations , simon , seest thou this woman ? since i entred unto thine house , thou gavest me no water for my feet ; but she hath washed my seet with tears , and wiped them with the hairs of her head : thou gavest me no kiss , but this woman since the time i came in , hath not ceased to kiss my feet : mine head with oyl , thou didst not anoint , but this woman hath anointed my feet with oynment . wherefore as the usual dumb ceremonies of common life are in request or dislike , according to that they import ; even so religion , having likewise her silent rites , the chiefest rule whereby to judge of their quality , is that which they mean or betoken . for if they signifie good things ( as somewhat they must of necessity signifie , because it is of their very nature to be signs of intimation , presenting both themselves unto outward sense , and besides themselves some other thing , to the understanding of beholders ) unless they be either greatly mischosen to signifie the same , or else applied where that which they signifie , agreeth not , there is no cause of exception against them , as against evil and unlawful ceremonies , much less of excepting against them onely , in that they are not without sense . and if every religious ceremony which hath been invented of men , to signifie any thing that god himself alloweth , were the publication of another gospel in the church of christ ; seeing that no christian church in the world , is , or can be , without continual use of some ceremonies which men have instituted , and that to signifie good things ( unless they be vain and frivolous ceremonies ; ) it would follow , that the world hath no christian church which doth not daily proclaim new gospels ; a sequel , the manifest absurdity whereof argueth the rawness of that supposal , cut of which it groweth . now the a cause why antiquity did the more , in actions of common life , honor the ceremony of the cross , might be , for that they lived with infidels . but that which they did in the sacrament of baptism , was for the self-same good of believers which is thereby intended still . the cross is for us an admonition no less necessary then for them , to glory in the service of jesus christ , and not to hang down our heads as men ashamed thereof , although it procure us reproach and obloquy at the hands of this wretched world. shame , is a kinde of fear to incur disgrace and ignominy . now whereas some things are worthy of reproach , some things ignominious onely through a false opinion which men have conceived of them ; nature that generally feareth opprobtious reprehension , must by reason and religion , be b taught what it should be ashamed of , and what not . but be we never so well instructed what our duty is in this behalf , without some present admonition at the very instant of practise , what we know is many times not called to minde , till that be done whereupon our just confusion ensueth . to supply the absence of such , as that way might do us good , when they see us in danger of sliding ; there are c judicious and wise men which think , we may greatly relieve our selves by a bare imagined presence of some , whose authority we fear , and would be loath to offend , if indeed they were present with us . witnesses at hand , are a bridle unto many offences . let the minde have always some whom it feareth , some whose authority may keep even secret thoughts under aw . take cato or , if he be too harsh and rugged , chuse some other of a softer mettal , whose gravity of life and speech thou lovest , his minde and countenance carry with thee , set him always before thine eyes , either as a watch , or as a pattern . that which is crooked , we cannot streighten but by some such level . if men of so good experience and insight in the maims of our weak flesh , have thought these fancied remembrances available to awaken shamefastness , that so the boldness of sin may be staid ere it look abroad ; surely , the wisdom of the church of christ , which hath so that use , converted the ceremony of the cross in baptism , it is no christian mans part to despise ; especially seeing that by this mean , where nature doth earnestly import aid , religion yieldeth her that ready assistance , then which there can be no help more forcible , serving onely to relieve memory , and to bring to our cogitation , that which should most make ashamed of sin . the minde while we are in this present life d , whether it contemplate , meditate , deliberate , or howsoever exercise it self , worketh nothing without continual recourse unto imagination , the onely store-house of wit , and peculiar chair of memory . on this anvile it ceaseth not day and night to strike , by means whereof , as the pulse declareth how the heart doth work , so the very e thoughts and cogitations of mans minde , be they good or bad , do no where sooner bewray themselves , then through the crevesses of that wall wherewith nature hath compasied the cells and closets of fancy . in the forehead nothing more plain to be seen , then the fear of contumely and disgrace . for which cause , the scripture ( as with great probability it may be thought ) describeth them marked of god in the forehead , whom his mercy hath undertaken to keep from final confusion and shame . not that god doth set any corporal mark on his chosen , but to note , that he giveth his elect security of preservation from reproach , the fear whereof doth use shew it self in that part . shall i say , that the sign of the cross ( as we use it ) is in some sort a mean to work our a preservation from reproach ? surely , the minde which as yet hath not hardned it self in sin , is seldom provoked thereunto in any gross and grievous manner , but natures secret suggestion objected against it ignominy as a bar . which conceit being entred into that palace of mans fancy , the gates whereof , have imprinted in them that holy sign which bringeth fortwith to minde , whatsoever christ hath wrought , and we vowed against sin ; it cometh hereby to pass , that christian men never want a most effectual , though a silent teacher , to avoid whatsoever may deservedly procure shame . so that in things which we should be ashamed of , we are by the cross admonished faithfully of our duty , at the very moment when admonition doth most need . other things there are which deserve honor , and yet do purchase many times our disgrace in this present world , as of old , the very truth of religion it self , till god by his own out-stretched arm made the glory thereof to shine over all the earth . whereupon st. cyprian exhorting to ma●tyrdom in times of heathenish persecution and cruelty , thought it not vain to alledge unto them , with other arguments , the very ceremony of that cross whereof we speak . never let that hand offer sacrifice to idols , which hath already received the body of our saviour christ , and shall hereafter the crown of his glory ; arm your foreheads unto all boldness ● that the sign of god may be kept safe . again , when it pleased god , that the fury of their enemies being bridled , the church had some little rest and quietness , ( if so small a liberty , but onely to breathe between troubles , may be termed quietness and rest ) to such as fell not away from christ , through former persecutions , he giveth due and deserved praise in the self-same manner . you that were ready to endure imprisonment , and were resolute to suffer death ; you that have couragiously withstood the world , ye have made your selves both a glorious spectacle for god to behold , and a worthy example for the rest of your brethren to follow . those mouths which had sanctified themselves with food , coming down from heaven , leashed after christ own body and blood , to taste the poysoned and contagious scraps of idols ; those foreheads which the sign of god had purified , kept themselves to be crowned by him , the touch of the garlands of satan , they abhorred . thus was the memory of that sign which they had in baptism , a kinde of bar or prevention to keep them even from apostasie , whereunto the frailty of flesh and blood , over-much fearing to endure shame , might peradventure the more easily otherwise have drawn them . we have not now , through the gracious goodness of almighty god , those extream conflicts which our fathers had with blasphemous contumelies , every where offered to the name of christ , by such as professed themselves infidels and unbelievers . howbeit , unless we be strangers to the age wherein we live , or else in some partial respect , dissemblers of that we hourly both hear and see ; there is not the simplest of us , but knoweth with what disdain and scorn christ is dishonored far and wide . is there any burden in the world , more heavy to bear then contempt ? is there any contempt that grieveth as theirs doth , whose quality no way making them less worthy then others are , of reputation ; onely the service which they do to christ in the daily exercise of religion , treadeth them down ? doth any contumely , which we sustain for religion sake , pierce so deeply as that which would seem of meer conscience religiously spightful ? when they that honor god , are despised ; when the chiefest service of honor that man can do unto him , is the cause why they are despised ; when they which pretend to honor him , and that with greatest sincerity , do with more then heathenish petulancy trample under foot almost whatsoever , either we , or the whole church of god , by the space of so many ages , have been accustomed unto , for the comlier and better exercise of our religion , according to the soundest rules that wisdom directed by the word of god , and by long experience confirmed , hath been able with common advice , with much deliberation and exceeding great diligence , to comprehend ; when no man fighting under christs banner , can be always exempted from seeing , or sustaining those indignities ; the sting whereof not to feel , or feeling , not to be moved thereat , is a thing impossible to flesh and blood : if this be any object for patience to work on , the strictest bond that thereunto tieth us , is our vowed obedience to christ ; the solemnest vow that we ever made to obey christ , and to suffer willingly all reproaches for his sake , was made in baptism : and amongst other memorials to keep us mindful of that vow , we cannot think , that the sign which our new baptized fore-heads cïd there receive , is either unfit or unforcible ; the reasons hitherto alledged , being weighed with indifferent ballance . it is not ( you will say ) the cross in our fore-heads , but in our hearts the faith of christ , that ameth us with patience , constancy , and courage . which as we grant to be most true , so neither dare we despise , no not the meanest helps that serve , though it be but in the very lowest degree of furtherance , towards the highest services that god doth require at our hands . and if any man deny , that such ceremonies are available , at the least , as memorials of duty ; or do think that himself hath no need to be so put in minde , what our duties are ; it is but reasonable , that in the one , the publick experience of the world over-weigh some few mens perswasion ; and in the other , the rare perfection of a few condescend unto common imbecillity . seeing therefore , that in fear shame , which doth worthily follow sin , and to bear undeserved reproach constantly , is the general duty of all men professing christianity ; seeing also , that our weakness , while we are in this present world , doth need towards spiritual duties , the help even of corporal furtherance ; and that by reason of natural intercourse between the highest and the lowest powers of mans minde in all actions , his fancy or imagination , carrying in it that special note of remembrance , then which , there is nothing more forcible , where either too weak , or too strong a conceit of infamy and disgrace might do great harm , standeth always ready to put forth a kinde of necessary helping hand ; we are in that respect to acknowledge the a good and profitable use of this ceremony , and not to think it supersluous , that christ hath his mark applied b unto that part where bashfulness appeareth , in token that they which are christians should be at no time ashamed of his ignominy . but to prevent some inconveniencies which might ensue , if the over-ordinary use thereof ( as it fareth with such rites , when they are too common ) should cause it to be of less observation or regard , where it most availeth ; we neither omit it in that place , nor altogether make it so vulgar , as the custom heretofore hath been : although to condemn the whole church of god , when it most flourished in zeal and piety , to mark that age with the brand of error and superstition , onely because they had this ceremony more in use , then we now think needful ; boldly to affirm , that this their practice grew so soon , through a fearful malediction of god , upon the ceremony of the cross , as if we knew , that his purpose was thereby to make it manifest in all mens eyes , how execrable those things are in his sight which have proceeded from humane invention , is , as we take it , a censure of greater zeal then knowledge . men whose judgments in these cases are grown more moderate , although they retain not as we do the use of this ceremony , perceive notwithstanding very well , such censures to be out of square ; and do therefore not onely c acquit the fathers from superstition therein , but also think it sufficient to answer in excuse of themselves , d the ceremony which was but a thing indifferent even of old , we judge not at this day , a matter necessary for all christian men to observe . as for their last upshot of all towards this mark , they are of opinion , that if the ancient christians , to deliver the cross of christ from contempt , did well , and with good consideration , use often the sign of the cross , in testimony of their faith and profession , before infidels which upbraided them with christs sufferings ; now that we live with such as contrariwise adore the sign of the cross ( because contrary diseases should always have contrary remedies ) we ought to take away all use thereof . in which conceipt , they both ways greatly seduce themselves ; first , for that they imagine the fathers to have had no use of the cross , but with reference unto infidels , which mis-perswasion we have before discovered at large ; and secondly , by reason that they think there is not any other way besides universal extirpation to reform superstitious abuses of the cross. wherein , because there are that stand very much upon the example of ezechias , as if his breaking to pieces that serpent of brass , whereunto the children of israel had burnt incense , did enforce the utter abolition of this ceremony ; the fact of that vertuous prince , is by so much the more attentively to be considered . our lives in this world , are partly guided by rules , and partly directed by examples . to conclude , out of general rules and axioms , by discourse of wit , our duties in every particular action , is both troublesome , and many times so full of difficulty , that it maketh diliberations hard and tedious to the wisest men . whereupon we naturally all incline to observe examples , to mark what others have done before us , and in favor of our own ease , rather to follow them , then to enter into new consultation ; if in regard of their vertue and wisdom , we may but probably think they have waded without error . so that the willingness of men to be led by example of others , both discovereth and helpeth the imbecillity of our judgment . because it doth the one , therefore insolent and proud wits would always seem to be their own guides ; and , because it doth the other , we see how hardly the vulgar sort is drawn unto any thing , for which there are not as well examples as reasons alledged . reasons proving that which is more particular by things more general and farther from sense , are with the simpler sort of men less trusted , for that they doubt of their own judgment in those things ; but of examples which prove unto them , one doubtful particular by another , more familiarly and sensibly known , they easily perceive in themselves some better ability to judge . the force of examples therefore is great , when in matter of action , being doubtful what to do , we are informed what others have commendably done , whose deliberations were like . but whosoever doth perswade by example , must as well respect the fitness , as the goodness of that he alledgeth . to ezechias , god himself in this fact , giveth testimony of well-doing . so that nothing is here questionable , but onely whether the example alledged , be pertinent , pregnant , and strong . the serpent spoken of , was first erected for the extraordinary and miraculous cure of the israelites in the desart . this use having presently an end , when the cause , for which god ordained it , was once removed ; the thing it self they notwithstanding kept for a monument of gods mercy , as in like consideration they did the pot of manna , the rod of aaron , and the sword which david took from goliah . in process of time , they made of a monument of divine power a plain idol , they burnt incense before it contrary to the law of god , and did it the services of honor due unto god onely . which gross and grievous abuse , continued till ezekias restoring the purity of sound religion , destroyed utterly that which had been so long and so generally a snare unto them . it is not amiss , which the canon law hereupon concludeth , namely , that if our predecessors have done some things which at that time might be without fault , and afterward be turned to error and superstition ; we are taught by ezechias breaking the brazen serpent , that posterity may destroy them without any delay , and with great authority . but may it be simply and without exception hereby gathered , that posterity is bound to destroy whatsoever hath been , either at the first invented , or but afterwards turned to like superstition and error ? no , it cannot be . the serpent therefore , and the sign of the cross , although seeming equal in this point , that superstition hath abused both ; yet being herein also unequal , that neither they have been both subject to the like degree of abuse , nor were in hardness of redress alike , it may be , that even as the one for abuse was religiously taken away ; so now , when religion hath taken away abuse from the other ; we should by utter abolition thereof , deserve hardly his commendation , whose example there is offered us no such necessary cause to follow . for by the words of ezechias , in terming the serpent but a lump of brass , to shew , that the best thing in it now , was the metal or matter whereof is consisted ; we may probably conjecture , that the people whose error is therein controlled , had the self-same opinion of it , which the heathens had of idols , they thought that the power of deity was with it ; and when they saw it dissolved , haply they might , to comfort themselves , imagine as olympius the sophister did , beholding the dissipation of idols , shapes and counterseits they were , fashioned of matter subject unto corruption , therefore to grind them to dust was easie ; but those celestial powers which dwelt and resided in them , are ascended into heaven . some difference there is between these opinions of palpable idolatry , and that which the schools in speculation have boulted out concerning the cross. notwithstanding , for as much as the church of rome hath hitherto practised , and doth profess the same adoration to the sign of the cross , and neither less nor other , then is due unto christ himself ; howsoever they varnish and qualifie their sentence , pretending , that the cross , which to outward sense , presenteth visibly it self alone , is not by them apprehended alone , but hath , in their secret surmise or conceit , a reference to the person of our lord jesus christ ; so that the honor which they joyntly do to both , respecteth principally his person , and the cross but onely for his persons sake ; the people not accustomed to trouble their wits with so nice and subtle differences in the exercise of religion , are apparently no less ensnared by adoring the cross , then the jews by burning intense to the brazen serpent . it is by thomas ingenuously granted , that because unto reasonable creatures , a kinde of reverence is due for the excellency which is in them , and whereby they resemble god ; therefore , if reasonable creatures , angels , or men , should receive at our hands , holy and divine honor , as the sign of the cross doth at theirs , to pretend , that we honor not them alone , but we honor god with them ; would not serve the turn , neither would this be able to prevent the error of men , or cause them always to respect god in their adorations , and not to finish their intents in the object next before them . but unto this he addeth , that no such error can grow , by adoring in that sort a dead image , which every man knoweth to be void of excellency in it self , and therefore will easily conceive , that the honor done unto it , hath an higher reference . howbeit , seeing that we have by over-true experience , been taught how often , especially in these cases , the light even of common understanding faileth ; surely , their usual adoration of the cross is not hereby freed . for in actions of this kinde , we are more to respect , what the greatest part of men is commonly prone to conceive , then what some few mens wits may devise in construction of their own particular meanings . plain it is , that a false opinion of some personal divine excellency to be in those things , which either nature or art hath framed , causeth always religious adoration . and as plain , that the like adoration applied unto things sensible , argueth to vulgar capacities , yea , leaveth imprinted in them the very same opinion of deity , from whence all idolatrous worship groweth . yea , the meaner and baser a thing worshipped , is in it self , the more they incline to think , that every man which doth adore it , knoweth there is in it , or with it , a presence of divine power . be it therefore true , that crosses purposely framed or used for receipt of divine honor , be even as scandalous as the brazen serpent it self , where they are in such sort adored ; should we hereupon think our selves in the sight of god , and in conscience charged to abolish utterly the very ceremony of the cross , neither meant at the first , nor now converted unto any such offensive purpose ? did the jews which could never be perswaded to admit in the city of ierusalem , that a image of caesar which the romans were accustomed to b adore , make any scruple of caesars image in the coyn , which they knew very well that men were not wont to worship ? between the cross which superstition honoreth as christ , and that ceremony of the cross , which serveth onely for a sign of remembrance ; c there is as plain and as great a difference , as between those d brazen images which solomon made to beat up the cestern of the temple , and ( sith both were of like shape , but of unlike use ) e that which the israelites in the wilderness did adore ; or between the f altars which iosias destroyed , because they were instruments of meet idolatry , and g that which the tribe of reuben , with others erected near to the river iordan ; for which also they grew at the first into some dislike , and were by the rest of their brethren suspected , yea , hardly charged with open breach of the law of god , accused of backwardness in religion , up braiced bitterly with the fact of peor , and the odious example of athan ; as if the building of their altar in that place had given manifest shew of no better , then intended apostasie , till by a true declaration made in their own defence , it appeared , that such as misliked , mis-understood their enterprize , in as much as they had no intent to build any altar for sacrifice , which god would have no where offered saving in ierusalem onely , but to a far other end and purpose , which being opened , satisfied all parties , and so delivered them from causeless blame . in this particular , suppose the worst ; imagine that the immaterial ceremony of the cross , had been the subject of as gross pollution as any heathenish or prophane idol . if we think the example of ezechias a proof , that things which error and superstition hath abused , may in no consideration be tolerated , although we presently finde them not subject to so vile abuse , the plain example of ezechias proveth the contrary . the temples and idols , which under solomon had been of very purpose framed for the honor of foreign gods , ezechias destroyed not ; because they stood as forlorn things , and did now no harm , although formerly they had done harm . iosias , for some inconvenience afterwards , razed them up . yet to both , there is one commendation given , even from god himself , that touching matter of religion , they walked in the steps of david , and did no way displease god. perhaps it seemeth , that by force and vertue of this example , although it bare detestation and hatred of idolatry , all things which have been at any time worshipped , are not necessarily to be taken out of the world ; nevertheless , for remedy and prevention of so great offences , wisdom should judge it the safest course to remove altogether from the eyes of men , that which may put them in minde of evil . some kindes of evil , no doubt , there are very quick in working on those affections that most easily take fire , which evils should in that respect , no oftner then need requireth , be brought in presence of weak mindes . but neither is the cross any such evil , nor yet the brazen serpent it self so strongly poysoned , that our eyes , ears , and thoughts , ought to shun them both , for fear of some deadly harm to ensue , the onely representation thereof , by gesture , shape , sound , or such like significant means . and for mine own part , i most assuredly perswade my self , that had ezechias ( till the days of whose most vertuous reign , they ceased not continually to burn incense to the brazen serpent ) had he found the serpent , though sometime adored , yet at that time recovered from the evil of so gross abuse , and reduced to the same that was before in the time of david , at which time they esteemed it onely as a memorial , sign , or monument of gods miraculous goodness towards them , even as we in no other sort esteem the ceremony of the cross ; the due consideration of an use so harmless , common to both , might no less have wrought their equal preservation , then different occasions have procured , notwithstanding the ones extinguishment , the others lawful continuance . in all perswasions , which ground themselves upon example , we are not so much to respect what is done , as the causes and secret inducements leading thereunto . the question being therefore , whether this ceremony supposed to have been sometimes scandalous and offensive , ought for that cause to be now removed ; there is no reason we should forthwith yield our selves to be carried away with example , no not of them , whose acts , the highest judgment approveth for having reformed in that manner , any publick evil : but before we either attempt any thing , or resolve , the state and condition as well of our own affairs as theirs , whose example presseth us , is advisedly to be examined ; because some things are of their own nature scandalous , and cannot chuse but breed offence , as those sinks of execrable filth which iosias did overwhelm ; some things , albeit not by nature , and of themselves , are notwithstanding so generally turned to evil , by reason of an evil corrupt habit grown , and through long continuance incurably setled in the mindes of the greatest part , that no red●ess can be well hoped for , without removal of that wherein they have ruined themselves , which plainly was the state of the jewish people , and the cause why ezechias did with such sudden indignation destroy what he saw worshipped ; finally , some things are as the sign of the cross , though subject either almost or altogether to as great abuse , yet curable with more facility and ease . and to speak as the truth is , our very nature doth hardly yield to destroy that which may be fruitfully kept , and without any great difficulty , clean scouted from the rust of evil , which by some accident hath grown into it . wherefore to that which they build in this question upon the example of ezechias , let this suffice . when heathens despised christian religion , because of the sufferings of jesus christ , the fathers , to testifie how little such contumelies and contempts prevailed with them , chose rather the sign of the cross , then any other outward mark , whereby the world might most easily discern always what they were . on the contrary side now , whereas they which do all profess the christian religion , are divided amongst themselves ; and the fault of the one part is , that the zeal to the sufferings of christ , they admire too much , and over-superstitiously adore the visible sign of his cross ; if you ask , what w that mislike them should do , we are here advised to cure one contrary by another . which art or method , is not yet so current as they imagine . for if , as their practice for the most part sheweth , it be their meaning , that the scope and drift of reformation , when things are faulty , should be to settle the church in the contrary ; it standeth them upon , to beware of this rule , because seeing vices have not onely vertues , but other vices also in nature opposite unto them , it may be dangerous in these cases to seek , but that which we finde contrary to present evils . for in sores and sicknesses of the minde , we are not simply to measure good by distance from evil , because one vice may in some respect be more opposite to another , then either of them to that vertue which holdeth the mean between them both . liberality and covetousness , the one a vertue , and the other a vice , are not so contrary as the vices of covetousness and prodigality : religion and superstition have more affiance , though the one be light , and the other darkness ; then superstition and prophaneness , which both are vicious extremities . by means whereof it cometh also to pass , that the mean , which is vertue , seemeth in the eyes of each extream an extremity ; the liberal hearted man is by the opinion of the prodigal miserable , and by the judgment of the miserable lavish : impiety for the most part upbraideth religion as superstitious , which superstition often accuseth as impious ; both so conceiving thereof , because it doth seem more to participate each extream , then one extream doth another , and is by consequent less contrary to either of them , then they mutually between themselves . now , if he that seeketh to reform covetousness or superstition , should but labor to induce the contrary , it were but to draw men out of lime into cole-dust : so that their course , which will remedy the superstitious abuse of things profitable in the church , is not still to abolish utterly the use thereof , because not using at all , is most opposite to ill using ; but rather , if it may be , to bring them back to a right perfect and religious usage , which albeit less contrary to the present sore , is notwithstanding the better , and by many degrees the sounder way of recovery : and unto this effect , that very precedent it self , which they propose , may be best followed . for as the fathers , when the cross of christ was in utter contempt , did not superstitiously adore the same , but rather declare , that they so esteemed it as was meet ? in like manner where we finde the cross , to have that honor which is due to christ , is it not as lawful for us to retain it , in that estimation which it ought to have , and in that use which it had of old without offence , as by taking it clean away , so seem followers of their example ; which cure wilfully by abscission that which they might both preserve and heal ? touching therefore the sign and ceremony of the cross , we no way finde our selves bound to relinquish it ; neither because the first inventors thereof were but mortal men ; nor lest the sense and signification we give unto it , should burthen us as authors of a new gospel in the house of god ; not in respect of some cause which the fathers had more then we have to use the same ; nor finally , for any such offence or scandal , as heretofore it hath been subject unto by error , now reformed in the mindes of men. . the ancient custom of the church was , after they had baptized , to add thereunto imposition of hands , with effectual prayer for the * illumination of gods most holy spirit , to confirm and perfect that which the grace of the some spirit had already begun in baptism . for our means to obtain the graces which god doth bestow , are our prayers . our prayers to that intent , are available as well for others , as for ourselves . to pray for others , is to bless them , for whom we pray ; because prayer procureth the blessing of god upon them , especially the prayer of such as god either most respecteth for their piety and zeal that way , or else regardeth for that their place and calling bindeth them above others unto this duty , as it doth both natural and spiritual fathers . with prayers of spiritual and personal benediction , the manner hath been in all ages to use imposition of hands , as a ceremony betokening our restrained desires to the party , whom we present unto god by prayer . thus when israel blessed ephraim and manasses , iosephs sons , he imposed upon them his hands , and prayed ; god , in whose sight my fathers , abraham and isaac , did walk ; god which hath fed me all my life long unto this day , and the angel which hath delivered me from all evil , bless these children . the prophets which healed diseases by prayer , used therein the self-same ceremony . and therefore when elizeus willed naaman to wash himself seven times in iordan , for cure of his foul disease , it much offended him ; i thought ( saith he ) with my self , surely the man will come forth , and stand , and call upon the name of the lord his god , and put his hand on the place , to the end he may so heal the ●●eprosie . in consecrations and ordinations of men unto rooms of divine calling , the like was usually done from the time of moses to christ. their suits that came unto christ for help were also tendred oftentimes , and are expressed in such forms or phrases of speech , as shew , that he was himself an observer of the same custom : he which with imposition of hands and prayer , did so great works of mercy for restauration of bodily health , was worthily judged as able to effect the infusion of heavenly grace into them , whose age was not yet depraved with that malice , which might be supposed a bar to the goodness of god towards them . they brought him therefore young children to put his hands upon them , and pray . after the ascension of our lord and saviour jesus christ , that which he had begun , continued in the daily practice of his apostles , whose prayer and imposition of hands , were a mean whereby thousands became partakers of the wonderful gifts of god : the church had received from christ a promise , that such as believed in him , these signs and tokens should follow them , to cast one devils , to speak with tongues , to drive away serpents , to be free from the harm which any deadly poyson could work , and to cure diseases by imposition of hands . which power , common at the first , in a manner , unto all believers , all believers had not power to derive or communicate unto all other men ; but whosoever was the instrument of god to instruct , convert , and baptize them , the gift of miraculous operations by the power of the holy ghost they had not , but onely at the apostles own hands . for which cause simon magus perceiving that power to be in none but them , and presuming , that they which had it , might sell it , sought to purchase it of them with money . and , as miraculous graces of the spirit continued after the apostles times , for ( saith irenaus ) they which are truly his disciples , do in his name , and through grace received from him , such works for the benefit of other men , as every of them is by him enabled to work : some cast one devils , in so much , as they which are delivered from wicked spirits , have been thereby won unto christ , and do constantly persevere in the church , and society of faithful men : some excel in the knowledge of things to come , in the grace of visions from god , and the gift of prophetical prediction : some by laying on their hands , restore them to health , which are grievously afflicted with sickness ; yea , there are that of dead , have been made alive , and have afterwards many years conversed with us . what should i say ? the gifts are innumerable wherewith god hath inriched his church throughout the world , and by vertue whereof , in the name of christ crucified under pontius pilate , the church every day doth many wonders for the good of nations , neither fraudulently , nor in any respect of lucre and gain to her self , but as freely bestowing , as god on her hath bestowed his divine graces : so it no where appeareth , that ever any did by prayer and imposition of hands , sithence the apostles times , make others partakers of the like miraculous gifts and graces , as long as it pleased god to continue the same in his church , but onely bishops , the apostles successors , for a time , even in that power . st. augustine acknowledgeth , that such gifts were not permitted to last always , lest men should wax cold with the commonness of that , the strangeness whereof at the first inflamed them . which words of st. augustine , declaring how the vulgar use of these miracles was then expired , are no prejudice to the like extraordinary graces , more rarely observed in some , either then or of latter days . now whereas the successors , of the apostles had but onely for a time such power , as , by prayer and imposition of hands , to bestow the holy ghost ; the reason wherefore confirmation , nevertheless , by prayer and laying on of hands hath hitherto always continued , is for other very special benefits which the church thereby enjoyeth . the fathers every where impute unto it that gift or grace of the holy ghost , not which maketh us first christian men , but , when we are made such , assisteth us in all vertue , aimeth us against temptation and sin . for , after baptism administred , there followeth ( saith tertullian ) imposition of hands , with invocation and invitation of the holy ghost , which willingly cometh down from the father , to rest upon the purified and blessed bodies , as it were acknowledging the waters of baptism a fit seat. st. cyprian in more particular manner , alluding to that effect of the spirit , which here especially was respected . how great ( saith he ) is that power and force wherewith the minde is here ( he meaneth in baptism ) enabled , being not onely withdrawn from that pernicious hold which the world before had of it , nor onely so purified and made clean , that no stain or blemish of the enemies invasion doth remain ; but over and besides ( namely , through prayer and imposition of hands ) becometh yet greater , yet mightier in strength , so far as to raign with a kinde of imperial dominion , over the whole band of that roming and spoiling adversary . as much is signified by eusebius emissenus , saying , the holy ghost which descendeth with saving influence upon the waters of baptism , doth there give that fulness which sufficeth for innocenty , and afterwards exhibiteth in confirmation an augmentation of further grace . the fathers therefore being thus perswaded , held confirmation as an ordinance apostolick , always profitable in gods church , although not always accompanied with equal largeness of those external effects which gave it countenance at the first . the cause of severing confirmation from baptism ( for most commonly they went together ) was sometimes in the minister , which being of inferior degree , might baptize , but not confirm , as in their case it came to pass , whom peter and iohn did confirm , whereas philip had before baptized them ; and in theirs of whom st. ierome hath said , i deny not but the custom of the churches is , that the bishop should go abroad , and imposing his hands , pray for the gift of the holy ghost on them , whom presbyters and deacons far off , in lesser cities , have already ●aptized . which ancient custom of the church , st. cyprian groundeth upon the example or peter and iohn in the eighth of the acts , before alledged . the faithful in samaria ( saith he ) had already obtained baptism ; onely that which was wanting , peter and john supplied by prayer and imposition of hands , to the end , the holy ghost might be poured upon them . which also is done amongst our selves , when they which be already baptized , are brought to the prelates of the church , to obtain by their prayer and imposition of hands the holy ghost . by this it appeareth , that when the ministers of baptism were persons of inferior degree , the bishops did after confirm whom such had before baptized . sometimes they which by force of their ecclesiastical calling , might do as well the one as the other , were notwithstanding men whom heresie had dis-joyned from the fellowship of true believers . whereupon , when any man , by them baptized and confirmed , came afterwards to see and renounce their error , there grew in some churches very hot contention about the manner of admitting such into the bosome of the true church , as hath been declared already in the question of rebaptization . but the generally received custom was onely to admit them with imposition of hands and prayer . of which custom , while some imagined the reason to be , for that hereticks might give remission of sins by baptism , but not the spirit by imposition of hands , because themselves had not gods spirit , and that therefore their baptism might stand , but confirmation must be given again . the imbecillity of this ground , gave cyprian occasion to oppose himself against the practice of the church herein , laboring many ways to prove , that hereticks could do neither ; and consequently , that their baptism in all respects , was as frustrate as their chrism ; for the manner of those times was in confirming to use anointing . on the other side , against luciferians which ratified onely the baptism of hereticks , but disannulled their confirmations and consecrations , under pretence of the reason which hath been before specified , hereticks cannot give the holy ghost . st. ierome proveth at large , that if baptism by hereticks be granted available to remission of sins , which no man receiveth without the spirit , it must needs follow , that the reason taken from disability of bestowing the holy ghost , was no reason wherefore the church should admit converts with any new imposition of hands . notwithstanding , because it might be objected , that if the gift of the holy ghost do always joyn it self with true baptism , the church , which thinketh the bishops confirmation after others mens baptism needful for the obtaining of the holy ghost , should hold an error : saint ierome hereunto maketh answer , that the cause of this observation is not any absolute impossibility of receiving the holy ghost by the sacrament of baptism , unless a bishop add after it the imposition of hands , but rather a certain congruity and fitness to honor prelacy with such pre-eminences , because the safety of the church dependeth upon the dignity of her chief superiors , to whom , if some eminent offices of power above others should not be given , there would be in the church as many schisms as priests . by which answer , it appeareth his opinion was , that the holy ghost is received in baptism ; that confirmation is onely a sacramental complement ; that the reason why bishops alone did ordinarily confirm , was not because the benefit , grace , and dignity thereof , is greater then of baptism ; but rather , for that , by the sacrament of baptism , men being admitted into gods church , it was both reasonable and convenient , that if he baptize them not unto whom the chiefest authority and charge of their souls belongeth ; yet for honors sake , and in token of his spiritual superiority over them , because to bless , is an act of authority , the performance of this annexed ceremony should be sought for at his hands . now what effect their imposition of hands hath , either after baptism administred by hereticks or otherwise , st. ierome in that place hath made no mention , because all men understood that in converts it tendeth to the fruits of repentance , and craveth in behalf of the penitent , such grace as david , after his fall , desired at the hands of god ; in others , the fruit and benefit thereof is , that which hath been before shewed . finally , sometime the cause of severing confirmation from baptism , was in the parties that received baptism being infants , at which age they might be very well admitted to live in the family ; but because to fight in the army of god , to discharge the duties of a christian man , to bring forth the fruits , and to do the works of the holy ghost , their time of ability was not yet come , ( so that baptism were not deferred ) there could , by stay of their confirmation , no harm ensue , but rather good . for by this means it came to pass , that children in expectation thereof , were seasoned with the principles of true religion , before malice and corrupt examples depraved their mindes , a good foundation was laid betimes for direction of the course of their whole lives , the seed of the church of god was preserved sincere and sound , the prelates and fathers of gods family , to whom the cure of their souls belonged , saw by tryal and examination of them , a part of their own heavy burthen discharged , reaped comfort by beholding the first beginnings of true godliness in tender years , glorified him whose praise they found in the mouths of infants , and neglected not so fit opportunity of giving every one fatherly encouragement and exhortation . whereunto imposition of hands , and prayer being added , our warrant for the great good effect thereof , is the same which patriarks , prophets , priests , apostles , fathers , and men of god , have had for such their particular invocations and benedictions , as no man , i suppose , professing truth of religion , will easily think to have been without fruit. no , there is no cause we should doubt of the benefit ; but surely great cause to make complaint of the deep neglect of this christian duty , almost with all them , to whom by tight of their place and calling , the same belongeth . let them not take it in evil part , the thing is true , their small regard hereunto hath done harm in the church of god. that which * error rashly uttereth in disgrace of good things , may peradventure be sponged out , when the print of those evils , which are grown through neglect , will remain behinde . thus much therefore generally spoken , may serve for answer unto their demands , that require us to tell them , why there should be any such confirmation in the church , seeing we are not ignorant how earnestly they have protested against it ; and how directly ( although untruly , for so they are content to acknowledge ) it hath by some of them been said , to be first brought in by the seigned decretal epistles of the popes ; or , why it should not be utterly abolished , seeing that no one title thereof , can be once found in the whole scripture , except the epistle to the hebrews be scripture : and again , seeing that how free soever it be now from abuse , if we look back to the times past , which wise men do always more respect then the present , it hath been abused , and is found at the length no such profitable ceremony , as the whole silly church of christ , for the space of these sixteen hundred years , hath through want of experience imagined : last of all , seeing also , besides the cruelty which is shewed towards poor country people , who are fain sometimes to let their ploughs stand still , and with increble wearisome toyl of their feeble bodies , to wander over mountains and through woods ; it may be , now and then little less then a whole half score of miles for a bishops blessing , which if it were needful , might as well be done at home in their own parishes , rather then they is purchase it with so great loss and so intolerable pain . there are , they say , in confirmation , besides this , three terrible points . the first is , laying on of hands , with pretence , that the same is done to the example of the apostles , which is not onely , as they suppose , a manifest untruth ; ( for all the world doth know , that the apostles did never after baptism lay hands on any , and therefore saint luke which saith they did , was much deceived : ) but farther also , we thereby teach men to think imposition of hands a sacrament , belike , because it is a principle ingrafted by common light of nature in the mindes of men , that all things done by apostolick example , must needs be sacrament . the second high point of danger is , that by tying confirmation to the bishop alone , there is great cause of suspition given , to think that baptism is not so precious a thing as confirmation : for will any man think , that a velvet coat is of more price , then a linnen coyf , knowing the one to be an ordinary garment , the other an ornament which onely sergeants at law do wear ? finally , to draw to an end of perils , the last and the weightiest hazard is , where the book it self doth say , that children by imposition of hands and prayer , may receive strength against all temptation : which speech , as a two-edged sword , doth both ways dangerously wound ; partly because it ascribeth grace to imposition of hands , whereby we are able no more to assure our selves in the warrant of any promise from god , that his heavenly grace shall be given , then the apostle was , that himself should obtain grace by the bowing of his knees to god ; and partly , because by using the very word strength in this matter , a word so apt to spred infection , we maintain with popish evangelists , an old forlorn distinction of the holy ghost , bestowed upon christs apostles before his ascension into heaven , and augmented upon them afterwards ; a distinction of grace infused into christian men by degrees ; planted in them at the first by baptism , after cherished , watred , and ( be it spoken without offence ) strengthned as by other vertuous offices , which piety and true religion teacheth , even so by this very special benediction whereof we speak , the rite or ceremony of confirmation . . the grace which we have by the holy eucharist , doth not begin , but continue life . no man therefore receiveth this sacrament before baptism , because no dead thing is capable of nourishment . that which groweth , must of necessity first live . if our bodies did not daily waste , food to restore them , were a thing superfluous . and it may be , that the grace of baptism would serve to eternal life , were it not that the state of our spiritual being , is daily so much hindered and impaired after baptism . in that life therefore , where neither body nor soul can decay , our souls shall as little require this sacrament , as our bodies corporal nourishment . but as long as the days of our warfare last , during the time that we are both subject to diminution and capable of augmentation in grace , the words of our lord and saviour christ will remain forceable , except ye eat the flesh of the son of man , and drink his blood , ye have no life in you . life being therefore proposed unto all men as their end , they which by baptism have laid the foundation and attained the first beginning of a new life , have here their nourishment and food prescribed for continuance of life in them . such as will live the life of god , must eat the flesh and drink the blood of the son of man ; because this is a part of that diet , which if we want , we cannot live . whereas therefore in our infancy we are incorporated into christ , and by baptism receive the grace of his spirit , without any sense or feeling of the gift which god bestoweth ; in the eucharist , we so receive the gift of god , that we know by grace , what the grace is which god giveth us ; the degrees of our own increase , in holiness and vertue , we see and can judge of them ; we understand that the strength of our life begun in christ , is christ ; that his flesh is meat , and his blood drink , not by surmised imagination , but truly , even so truly , that through faith , we perceive in the body and blood sacramentally presented , the very taste of eternal life ; the grace of the sacrament , is here as the food which we eat and drink . this was it that some did exceedingly fear , lest zwinglius and occolampadius would bring to pass , that men should account of this sacrament , but onely as of a shadow , destitute , empty , and void of christ. but seeing , that by opening the several opinions which have been held , they are grown , for ought i can see , on all sides at the length to a general agreement , concerning that which alone is material , namely , the real participation of christ , and of life in his body and blood , by means of this sacrament ; wherefore should the world continue still distracted , and rent with so manifold contentions , when there remaineth now no controversie , saving onely about the subject where christ is ? yea , even in this point no side denieth , but that the soul of man is the receptacle of christs presence . whereby the question is yet driven to a narrower issue , nor doth any thing rest doubtful but this , whether when the sacrament is administred , christ be whole within man onely , or else his body and blood be also externally seated in the very consecrated elements themselves . which opinion they that defend , are driven either to consubstantiate and incorporate christ with elements sacramental , or to transubstantiate and change their substance into his ; and so the one to hold him really , but invisibly , moulded up with substance of those elements ; the other to hide him under the onely visible shew of bread and wine , the substance whereof , as they imagine , is abolished , and his succeeded in the same room . all things considered , and compared with that success , which truth hath hitherto had by so bitter conflicts with errors in this point , shall i wish that men would more give themselves to meditate with silence , what we have by the sacrament , and less to dispute of the manner how ? if any man suppose that this were too great stupidity and dulness , let us see whether the apostles of our lord themselves have not done the like . it appeareth by many examples , that they of their own disposition were very scrupulous and inquisitive , yea , in other cases of less importance , and less difficulty , always apt to move questions . how cometh it to pass , that so few words of so high a mystery being uttered , they receive with gladness the gift of christ , and make no shew of doubt or scruple ? the reason hereof , is not dark to them which have any thing at all observed how the powers of the minde are wont to stir , when that which we infinitely long for , presenteth it self above and besides expectation . curious and intricate speculations do hinder , they abate , they quench such inflamed motions of delight and joy , as divine graces use to raise when extraordinarily they are present . the minde therefore feeling present joy , is always marvellous unwilling to admit any other cogitation , and in that case , casteth off those disputes whereunto the intellectual part at other times easily draweth . a manifest effect whereof may be noted , if we compare with our lords disciples in the twentieth of iohn , the people that are said in the sixth of iohn , to have gone after him to capernaum . these leaving him on the one side the sea of tiberias , and finding him again as soon as themselves by ship were arrived on the contrary side , whither they knew that by ship he came not , and by land the journey was longer then according to the time he could have to travel , as they wondered ; so they asked also , rabbi , when camest thou hither ? the disciples , when christ appeared to them in far more strange and miraculous manner , moved no question , but rejoyced greatly in that they saw . for why ? the one sort beheld onely , that in christ , which they knew was more then natural , but yet their affection was not rapt therewith through any great extraordinary gladness ; the other , when they looked on christ , were not ignorant that they saw the well-spring of their own everlasting felicity ; the one , because they enjoyed not , disputed ; the other disputed not , because they enjoyed . if then the presence of christ with them , did so much move , judge what their thoughts and affections were at the time of this new presentation of christ ; not before their eyes , but within their souls . they had learned before , that his flesh and blood are the true cause of eternal life , that this they are not by the bate force of their own substance , but through the dignity and worth of his person , which offered them up by way of sacrifice , for the life of the whole world , and doth make them still effectual thereunto : finally , that to us they are life in particular , by being particularly received . thus much they knew , although as yet they understood not perfectly , to what effect or issue the same would come , till at the length , being assembled for no other cause which they could imagine , but to have eaten the passover onely that moses appointed ; when they saw their lord and master , with hands and eyes lifted up to heaven , first bless and consecrate , for the endless good of all generations till the worlds end , the chosen elements of bread and wine , which elements , made for ever the instruments of life by vertue of his divine benediction , they being the first that were commanded to receive from him , the first which were warranted by his promise , that not onely unto them at the present time , but to whomsoever , they and their successors after them , did duly administer the same , those mysteries should serve as conducts of life , and conveyances of his body and blood unto them : was it possible they should hear that voice , take , eat , this is my body ; drink ye all of this , this is my blood ? possible , that doing what was required , and believing what was promised , the same should have present effect in them , and not fill them with a kinde of fearful admiration at the heaven which they saw in themselves ? they had at that time a sea of comfort and joy to wade in , and we , by that which they did , are taught , that this heavenly food is given for the satisfying of our empty souls , and not for the exercising of our curious and subtile wits . if we doubt what those admirable words may import , let him be our teacher for the meaning of christ , to whom christ was himself a school-master , let our lords apostle be his interpreter , content we our selves with his explication ; my body , the communion of my body : my blood , the communion of my blood. is there any thing more expedite , clear , and easie , then that as christ is termed our life , because through him we obtain life ; so the parts of this sacrament are his body and blood , for that they are so to us ; who receiving them , receive that by them which they are termed ? the bread and cup are his body and blood , because they are causes instrumental , upon the receit whereof , the participation of his body and blood ensueth . for that which produceth any certain effect , is not vainly nor improperly said to be , that very effect whereunto it tendeth . every cause is in the effect which groweth from it . our souls and bodies quickned to eternal life , are effects ; the cause whereof , is the person of christ : his body and blood are the true well-spring , out of which , this life floweth . so that his body and blood are in that very subject whereunto they minister life : not onely by effect or operation , even as the influence of the heavens is in plants , beasts , men , and in every thing which they quicken ; but also by a far more divine and mystical kinde of union , which maketh us one with him , even as he and the father are one . the real presence of christs most blessed body and blood , is not therefore to be sought for in the sacrament , but in the worthy receiver of the sacrament . and with this the very order of our saviours words agreeth , first , take and eat ; then , this is my body which was broken for you : first , drink ye all of this ; then followeth , this is my blood of the new testament , which is shed for many for the remission of sins . i see not which way it should be gathered by the words of christ , when and where the bread , is his body , or the cup , his blood ; but onely in the very heart and soul of him which receiveth them . as for the sacraments , they really exhibite ; but , for ought we can gather out of that which is written of them , they are not really , nor do really contain in themselves , that grace , which with them , or by them , it pleaseth god to bestow . if on all sides it be confest , that the grace of baptism is poured into the soul of man ; that by water we receive it , although it be neither seated in the water , nor the water changed into it ; what should induce men to think , that the grace of the eucharist must needs be in the eucharist , before it can be in us that receive it ? the fruit of the eucharist is the participation of the body and blood of christ. there is no sentence of holy scripture which saith , that we cannot by this sacrament be made partakers of his body and blood , except they be first contained in the sacrament , or the sacrament converted into them . this is my body , and this is my blood , being words of promise , sith we all agree , that by the sacrament , christ doth really and truly in us , perform his promise ; why do we vainly trouble our selves with so fierce contentions , whether by consubstantiation , or else by transubstantiation the sacrament it self be first possessed with christ , or no ? a thing which no way can either further or hinder us , howsoever it stand , because our participation of christ in this sacrament , dependeth on the co-operation of his omnipotent power , which maketh it his body and blood to us ; whether with change or without alteration of the element , such as they imagine , we need not greatly to care or inquire . take therefore that wherein all agree , and then consider by it self , what cause , why the rest in question should not rather be left as superfluous , then urged as necessary . it is on all sides plainly confest , first , that this sacrament is a true and a real participation of christ , who thereby imparteth himself , even his whole intire person , as a mystical head , unto every soul that receiveth him , and that every such receiver doth thereby incorporate or unite himself unto christ as a mystical member of him , yea , of them also whom he acknowledgeth to be his own . secondly , that to whom the person of christ is thus communicated , to them he giveth by the same sacrament his holy spirit to sanctifie them , as it sanctifieth him which is their head. thirdly , that what merit , force , or vertue soever there is in his sacrificed body and blood , we freely , fully , and wholly have it by this sacrament . fourthly , that the effect thereof in us , is a real transmutation of our souls and bodies , from sin to righteousness , from death and corruption to immortality and life . fifthly , that because the sacrament being of it self , but a corruptible and earthly creature , must needs be thought an unlikely instrument to work so admirable effects in man ; we are therefore , to rest our selves altogether upon the strength of his glorious power , who is able , and will bring to pass , that the bread and cup which he giveth us , shall be truly the thing he promiseth . it seemeth therefore much amiss , that against them whom they term sacramentaries , so many invective discourses are made , all ranning upon two points , that the eucharist is not bare a sign or figure onely , and that the efficacy of his body and blood is not all we receive in this sacrament . for no man , having read their books and writings which are thus traduced , can be ignorant that both these assertions they plainly confess to be most true . they do not so interpret the words of christ , as if the name of his body did import but the figure of his body ; and to be , were onely to signifie his blood. they grant , that these holy mysteries received in due manner , do instrumentally both make us partakers of the grace of that body and blood which were given for the life of the world ; and besides , also impart unto us , even in true and real , though mystical manner , the very person of our lord himself , whole , perfect , and intire , as hath been shewed . now whereas all three opinions do thus far accord in one , that strong conceit which two of the three have imbraced , as touching a literal , corporal , and oral manducation of the very substance of his flesh and blood , is surely an opinion no where delivered in holy scripture , whereby they should think themselves bound to believe it , and ( to speak with the softest terms we can use ) greatly prejudiced in that , when some others did so conceive of eating his flesh , our saviour to abate that error in them , gave them directly to understand , how his flesh so eaten could profit them nothing , because the words which he spake were spirit ; that is to say , they had a reference to a mystical participation ; which mystical participation giveth life . wherein there is small appearance of likelihood , that his meaning should be onely to make them marcionites by inversion , and to teach them that , as marcion did think , christ seemed to be man , but was not ; so they contrariwise should believe . that christ in truth would so give them , as they thought , his flesh to eat ; but yet left the horror thereof should offend them , he would not seem to do that he did . when they which have this opinion of christ , in that blessed sacrament , go about to explain themselves , and to open after what manner things are brought to pass , the one sort lay the union of christs deity with his manhood , as their first foundation and ground : from thence they infer a power which the body of christ hath , thereby to present it self in all places ; out of which ubiquity of his body , they gather the presence thereof with that sanctified bread and wine of our lords table : the conjunction of his body and blood with those elements they use as an argument , to shew how the bread may as well in that respect be termed his body , because his body is therewith joyned , as the son of god may be named man , by reason , that god and man in the person of christ are united : to this they add , how the words of christ commanding us to eat , must needs import , that as he hath coupled the substance of his flesh , and the substance of bread together , so we together should receive both : which labyrinth , as the other sort doth justly shun , so the way which they take to the same in● is somewhat more short , but no whit more certain . for through gods omnipotent power , they imagine that transubstantiation followeth upon the words of consecration ; and , upon transubstantiation , the participation of christs both body and blood , in the onely shape of sacramental elements . so that they all three do plead gods omnipotency : sacramentaries , to that alteration , which the rest confess he accomplisheth ; the patrons of transubstantiation , over and besides that , to the change of one substance into another ; the followers of consubstantiation , to the kneading of both substances , as it were , into one lump : touching the sentence of antiquity in this cause ; first , for as much as they knew , that the force of this sacrament doth necessarily presuppose the verity of christs both body and blood , they used oftentimes the same as an argument to prove , that christ hath as truly the substance of man as of god , because here we receive christ , and those graces which flow from him , in that he is man. so that if he have no such being , neither can the sacrament have any such meaning , as we all confess it hath . thus a tertullian , thus b irenaeus , thus c theodoret disputeth . again , as evident it is how they teach , that christ is personally there present , yea present whole , albeit a part of christ be corporally absent from thence , that d christ assisting this heavenly banquet with his personal and true presence , e doth by his own divine power , add to the natural substance thereof , supernatural efficacy , which f addition to the nature of those consecrated elements , changeth them , and maketh them that unto us , which otherwise they could not be , that to us they are thereby made such instruments , as g mystically , yet truly ; invisibly , yet really ; work our communion or fellowship with the person of jesus christ , as well in that he is man as god , our participation also in the fruit , grace , and efficacy of his body and blood ; whereupon there ensueth a kinde of transubstantiation in us , a true h change , both of soul and body , an alteration from death to life . in a word , it appeareth not , that of all the ancient fathers of the chruch , any one did ever conceive or imagine other then onely a mystical participation of christs both body and blood in the sacrament , neither are their speeches concerning the change of the elements themselves , into the body and blood of christ such , that a man can thereby , in conscience , assure himself it was their meaning , to perswade the world , either of a corporal consubstantiation of christ , with those sanctified and blessed elements , before we receive them ; or of the like transubstantiation of them into the body and blood of christ. which both to our mystical communion with christ , are so unnecessary , that the fathers , who plainly hold but this mystical communion , cannot easily be thought to have meant any other change of sacramental elements , then that which the same spiritual communion did require them to hold . these things considered , how should that minde , which , loving truth , and seeking comfort out of holy mysteries , hath not perhaps the leisure , perhaps nor the wit nor capacity to tread out so endless mazes , as the intricate disputes of this cause have led men into , how should a vertuously disposed minde better resolve with it self then thus ? variety of iudgments and opinions argueth obscurity in those things whereabout they differ . but that which all parts receive for truth , that which every one having sifted , is by no one denied or doubted of , must needs be matter of infallible certainly . whereas therefore there are but three expositions made of , this is my body ; the first , this is in it self before participation really and truly the natural substance of my body , by reason of the coexistence which my omnipotent body hath with the sanctified element of bread , which is the lutherans interpretation . the second , this is in itself and before participation the very true and natural substance of my body , by force of that deity , which with the words of consecration , abolisheth the substance of bread , and substituteth in the place thereof my body , which is the popish construction . the last , this hallowed food , through concurrence of divine power , is in verity and truth , unto faithful receivers , instrumentally a cause of that mystical participation , whereby as i make my self wholly theirs ; so i give them in hand an actual possession of all such saving grace , as my sacrificed body can yield , and as their souls do presently need : this is to them , and in them , my body . of these three rehearsed interpretations , the last hath in it nothing but what the rest do all approve and acknowledge to be most true ; nothing but that which the words of christ are on all sides confest to inforce ; nothing but that which the church of god hath always thought necessary ; nothing but that which alone is sufficient for every christian man to believe , concerning the use and force of this sacrament : finally , nothing but that wherewith the writings of all antiquity are consonant , and all christian confessions agreeable . and as truth , in what kinde soever , is by no kinde of truth gain-said ; so the minde which resteth it self on this , it never troubled with those perplexities which the other do both finde , by means of so great contradiction between their opinions , and true principles of reason grounded upon experience , nature , and sense . which albeit , with boysterous courage and breath , they seem oftentimes to blow away ; yet whoso observeth , how again they labor and sweat by subtilty of wit , to make some shew of agreement between their peculiar conceits , and the general edicts of nature , must needs perceive they struggle with that which they cannot fully master . besides , sith of that which is proper to themselves , their discourses are hungry and unpleasant , full of tedious and irksome labor , heartless , and hitherto without fruit ; on the other side , read we them , or hear we others , be they of our own or of ancienter times , to what part soever they be thought to incline , touching that whereof there is controversie ; yet in this , where they all speak but one thing , their discourses are heavenly , their words sweet as the honey-comb , their tongues melodiously tuned instruments , their sentences meer consolation and ioy : are we not hereby almost , even with voice from heaven admonished , which we may safeliest cleave unto ? he which hath said of the one sacrament , wash and be clean , hath said concerning the other likewise , eat and live . if therefore without any such particular and solemn warrant as this is , that poor distressed woman coming unto christ for health , could so constantly resolve her self , may i but touch the skirt of his garment , i shall be whole , what moveth us to argue of the manner how life should come by bread ? our duty being here , but to take what is offered , and most assuredly to rest perswaded of this , that , can we but eat , we are safe ? when i behold with mine eyes , some small and scarce discernable grain or seed , whereof nature maketh a promise , that a tree shall come ; and when afterwards of that tree , any skilful artificer undertaketh to frame some exquisite and curious work , i look for the event , i move no question about performance , either of the one , or of the other . shall i simply credit nature in things natural ? shall i in things artificial , relie my self on art , never offering to make doubt ? and in that which is above , both art and nature refuse to believe the author of both , except he acquaint me with his ways , and lay the secret of his skill before me ? where god himself doth speak those things , which , either for height and sublimity of matter , or else for secresie of performance , we are not able to reach unto , as we may be ignorant without danger , so it can be no disgrace to confess we are ignorant . such as love piety will , as much as in them lieth , know all things that god commandeth , but especially the duties of service which they ow to god. as for his dark and hidden works , they prefer , as becometh them in such cases , simplicity of faith before that knowledge , which curiously sisting what it should adore , and disputing too boldly of that which the wit of man cannot search , chilleth for the most part all warmth of zeal , and bringeth soundness of belief many times into great hazard . let it therefore be sufficient for me , presenting my self at the lords table , to know what there i receive from him ; without searching or enquiring of the manner , how christ performeth his promise ? let disputes and questions , enemies to piety , abatements of true devotion , and hitherto , in this cause , but over-patiently heard , let them take their rest : let curious and sharp-witted men , beat their heads about what questions themselves will ; the very letter of the word of christ , giveth plain security , that these mysteries do , as nails , fasten us to his very cross , that by them we draw out , as touching efficacy , force , and vertue , even the blood of his goared side : in the wounds of our redeemer , we there dip our tongues , we are died red , both within and without ; our hunger is satisfied , and our thirst for ever quenched ; they are things wonderful which he feeleth , great which he seeth , and unheard of which he uttereth , whose soul it possest of this paschal lamb , and made joyful in the strength of this new wine : this bread hath in it more then the substance which our eyes behold ; this cup hallowed with solemn benediction , availeth to the endless life and welfare both of soul and body , in that it serveth as well for a medicine to heal our infirmities and purge our sins ; as for a sacrifice of thanksgiving : with touching it sanctifieth , it enlightneth with belief , it truly conformeth us unto the image of iesus christ. what these elements are in themselves , it skilleth not , it is enough , that to me which take them , they are the body and blood of christ ; his promise , in witness hereof sufficeth ; his word , he knoweth which way to accomplish ; why should any cogitation possess the minde of a faithful communicant , but this . o my god , thou art true ; o my soul , thou art happy ! thus therefore we see , that howsoever mens opinions do otherwise vary ; nevertheless , touching baptism and the supper of the lord , we may with consent of the whole christian world conclude they are necessary ; the one to initiate or begin , the other to consummate or make perfect our life in christ. . in administring the sacrament of the body and blood of christ ; the supposed faults of the church of england are not greatly material , and therefore it shall suffice to touch them in few words . the first is , that we do not use in a generality once for all to say to communicants , take , eat , and drink ; but unto every particular person , eat thou , drink thou , which is according to the popish manner , and not the form that our saviour did use . our second oversight is , by gesture . for in kneeling there hath been superstition ; sitting agreeth better to the action of a supper ; and our saviour using that which was most fit , did himself not kneel . a third accusation is , for not examining all communicants , whose knowledge in the mystery of the gospel , should that way be made manifest ; a thing every where , they say , used in the apostles times , because all things necessary were used ; and this in their opinion is necessary , yea , it is commanded , in as much as the levites are commanded to prepare the people for the passover ; and examination is a part of their preparation , our lords supper in place of the passover . the fourth thing misliked is , that , against the apostles prohibition● to have any familiarity at all with notorious offenders , papists being not of the church are admitted to our very communion , before they have by their religious and gospel-like behavior , purged themselves of that suspition of popery , which their former life hath caused . they are dogs , swine , unclean beasts , foreigners and strangers from the church of god ; and therefore ought not to be admitted , though they offer themselves . we are , fiftly , condemned , in as much as when there have been store of people to hear sermons and service in the church , we suffer the communion to be ministred to a few . it is not enough , that our book of common prayer hath godly exhortations to move all thereunto which are present . for it should not suffer a few to communicate , it should by ecclesiastical discipline , and civil punishment provide , that such as would withdraw themselves , might be brought to communicate , according both to the a law of god , and the ancient church canons . in the sixth and last place , cometh the enormity of imparting this sacrament privately unto the sick . thus far accused , we answer briefly to the first b that seeing god by sacraments , doth apply in particular unto every mans person , the grace which himself hath provided for the benefit of all mankinde ; there is no cause , why , administring the sacraments , we should forbear to express that in our forms of speech , which he by his word and gospel teacheth all to believe . in the one sacrament , i baptize thee , displeaseth them not . if ●at thou , in the other , offend them , their fancies are no rules for churches to follow . whether christ at his last supper did speak generally once to all , or to every one in particular , is a thing uncertain . his words are recorded in that form which serveth best for the setting down with historical brevity , what was spoken ; they are no manifest proof , that he spake but once unto all , which did then communicate , muchless , that we in speaking unto every communicant severally do amiss ; although it were clear , that we herein do otherwise then christ did . our imitation of him , consisteth not in tying scrupulously our selves unto his syllables , but rather in speaking by the heavenly direction of that inspired divine wisdom , which teacheth divers ways to one end ; and doth therein controul their boldness , by whom any profitable way is censured , as reprovable , onely under colour of some small difference from great examples going before ; to do throughout every the like circumstance , the same which christ did in this action , were by following his footsteps in that sort , to err more from the purpose he aimed at , then we now do by not following them with so nice and severe strictness . they little weigh with themselves , how dull , how heavy , and almost , how without sense , the greatest part of the common multitude every where is , who think it either unmeet or unnecessary to put them , even man by man , especially at that time , in minde whereabout they are . it is true , that in sermons we do not use to repeat our sentences severally to every particular he●er ; a strange madness it were , if we should . the softness of wax may induce a wise man to set his stamp or image therein ; it perswadeth no man , that because wooll hath the like quality , it may therefore receive the like impression . so the reason taken from the use of sacraments , in that they are instruments of grace , unto every particular man , may with good congruity , lead the church to frame accordingly her words in administration of sacraments , because they easily admit this form ; which being in sermons , a thing impossible , without apparent ridiculous absurdity , agreement of sacraments with sermons , in that which is alledged as a reasonable proof of conveniency for the one , proveth not the same allegation impertinent , because it doth not inforce the other to be administred in like sort . for equal principles do then avail unto equal conclusions , when the matter whereunto we apply them , is equal , and not else . our kneeling at communions , is the gesture of piety . if we did there present our selves , but to make some shew or dumb resemblance of a spiritual feast , it may be that sitting were the fitter ceremony ; but coming as receivers of inestimable grace at the hands of god , what doth better beseem our bodies at that hour , then to be sensible witnesses of mindes unfeignedly humbled ? our lord himself did that which custom and long usage had made fit ; we , that which fitness and great decency hath made usual . the tryal of our selves , before we eat of this bread , and drink of this cup , is by express commandment , every mans precise duty . as for necessity of calling others unto account besides our selves , albeit we be not thereunto drawn by any great strength which is in their arguments , who first press us with it , as a thing necessary , by affirming , that the apostles , did use it , and then prove a the apostles to have used it , by affirming it to be necessary : again , albeit we greatly muse how they can avouch , that god did command the levites to prepare their brethren against the feast of the passover , and that the examination of them , was a part of their preparation , when the place alledged to this purpose , doth but charge the levite , saying , make ready l●ahhechem for your brethren , to the end , they may do according to the word of the lord by moses . wherefore in the self-same place it followeth , how lambs , and kids , and sheep , and bullocks , were delivered unto the levites , and that thus the service was made ready : it followeth likewise , how the levites having in such sort provided for the people , they made provision for themselves , and for the priests , the sons of aaron : so that confidently from hence to conclude the necessity of examination , argueth their wonderful great forwardness in framing all things to serve their turn ; nevertheless , the examination of communicants when need requireth , for the profitable use it may have in such cases , we reject not . our fault in admitting popish communicants , is it in that we are b forbidden to eat , and therefore much more to communicate with notorious malefactors ? the name of a papist is not given unto any man for being a notorious malefactor . and the crime wherewith we are charged , is suffering of papists to communicate ; so that , be their life and conversation whatsoever in the fight of man , their popish opinions are in this case laid as bars and exceptions against them , yea , those opinions which they have held in former times , c although they now both profess by word , and offer to shew by fact the contrary . all this doth not justifie us , which ought not ( they say ) to admit them in any wise , till their gospel-like behavior have removed all suspition of popery from them , because papists are dogs , swine , beasts , foreigners and strangers from the house of god ; in a word , they are not of the church . what the terms of gospel-like behavior may include , is obscure and doubtful . but of the visible church of christ in this present world , from which they separate all papists , we are thus perswaded . church is a word which art hath devised , thereby to sever and distinguish that society of men , which professeth the true religion from the rest which profess it not . there have been in the world , from the very first foundation thereof , but three religions , paganism , which lived in the blindness of corrupt and depraved nature ; iudaism , embracing the law which reformed heathenish impiety , and taught salvation to be looked for through one , whom god in the last days would send and exalt to be lord of all . finally , christian belief , which yieldeth obedience to the gospel of jesus christ , and acknowledgeth him the saviour whom god did promise . seeing then that the church is a name , which art hath given to professors of true religion . as they which will define a man , are to pass by those qualities wherein one man doth excel another , and to take onely those essential properties , whereby a man doth differ from creatures of other kindes : so he that will teach what the church is , shall never rightly perform the work whereabout he goeth , till in matter of religion he touch that difference which severeth the churches religion from theirs who are not the church . religion being therefore a matter partly of contemplation , partly of action ; we must define the church , which is a religious society , by such differences as do properly explain the essence of such things , that is to say , by the object or matter whereabout the contemplations and actions of the church are properly conversant . for so all knowledges and all vertues are defined . whereupon , because the onely object which separateth ours from other religions , is jesus christ , in whom , none but the church doth believe ; and whom , none but the church doth worship ; we finde that accordingly the apostles do every where distinguish hereby the church from infidels and from jews , accounting them which call upon the name of our lord iesus christ to be his church . if we go lower , we shall but add unto this certain casual and variable accidents , which are not properly of the being , but make onely for the happier and better being of the church of god , either indeed , or in mens opinions and conceits . this is the error of all popish definitions that hitherto have been brought . they define not the church by that which the church essentially is , but by that wherein they imagine their own more perfect then the rest are . touching parts of eminency and perfection , parts likewise of imperfection and defect in the church of god , they are infinite , their degrees and differences no way possible to be drawn unto any certain account . there is not the least contention and variance , but it blemisheth somewhat the unity that ought to be in the church of christ , which notwithstanding may have not onely without offence or breach of concord , her manifold varieties in rites and ceremonies of religion , but also her strifes and contentions many times , and that about matters of no small importance ; yea , her schisms , factions , and such other evils whereunto the body of the church is subject , sound and sick , remaining both of the same body ; as long as both parts retain by outward profession , that vital substance of truth , which maketh christian religion to differ from theirs , which acknowledge not our lord jesus christ , the blessed saviour of mankinde , give no crecit to his glorious gospel , and have his sacraments , the seals of eternal life , in derision . now the priviledge of the visible church of god ( for of that we speak ) is to be herein like the ark of noah , that , for any thing we know to the contrary , all without it are lost sheep ; yet in this , was the ark of noah priviledged above the church , that whereas none of them which were in the one could perish , numbers in the other are cast away , because to eternal life our profession is not enough . many things exclude from the kingdom of god , although from the church they separate not . in the church there arise sundry grievous storms , by means whereof , whole kingdoms and nations professing christ , both have been heretofore , and are at this present day , divided about christ. during which divisions and contentions amongst men , albeit each part do justifie it self , yet the one of necessity must needs err , if there be any contradiction between them , be it great or little ; and what side soever it be that hath the truth , the same we must also acknowledge alone , to hold with the true church in that point , and consequently , reject the other as an enemy , in that case faln away from the true church . wherefore of hypocrites and dissemblers , whose profession at the first , was but onely from the teeth outward , when they afterwards took occasion to oppugne certain principal articles of faith , the apostles which defended the truth against them , pronounce them gone out from the fellowship of sound and sincere believers , when as yet the christian religion they had not utterly cast off . in like sense and meaning throughout all ages , hereticks have justly been hated , as branches cut off from the body of the true vine ; yet onely so far forth cut off , as they heresies have extended . both heresie , and many other crimes , which wholly sever from god , do sever from god the church of god in part onely . the mystery of piety , saith the apostle , is without peradventure great , god hath been manifested in the flesh , hath been justified in the spirit , hath been seen of angels , hath been preached to nations , hath been believed on in the world , hath been taken up into glory . the church a pillar and foundation of this truth , which no where is known or profest , but onely within the church , and they all of the church that profess it . in the mean while , it cannot be denied , that many profess this , who are not therefore cleared simply from all either faults or errors , which make separation between us and the well-spring of our happiness . idolatry severed of old , the israelites ; iniquity , those scribes and pharisees from god , who notwithstanding were a part of the seed of abraham , a part of that very seed which god did himself acknowledge to be his church . the church of god may therefore contain both them which indeed are not his , yet must be reputed his , by us that know not their inward thoughts ; and them , whose apparent wickedness testifieth even in the sight of the whole world , that god abhorreth them . for to this and no other purpose , are meant those parables , which our saviour in the gospel hath concerning mixture of vice with vertue , light with darkness , truth with error , as well and openly known and seen , as a cunningly cloaked mixture . that which separateth therefore utterly , that which cutteth off clean from the visible church of christ , is plain apostasie , direct denial , utter rejection of the whole christian faith , as far as the same is professedly different from infidelity . hereticks , as touching those points of doctrine wherein they fail : schismaticks , as touching the quarrels for which , or the duties wherein they divide themselves from their brethren : loose , licentious , and wicked persons , as touching their several offences or crimes , have all forsaken the true church of god ; the church which is sound and sincere in the doctrine that they corrupt ; the church that keepeth the bond of unity , which they violate ; the church that walketh in the laws of righteousness , which they transgress : this very true church of christ they have left , howbeit , not altogether left , nor forsaken simply the church ; upon the main . foundations whereof they continue built , notwithstanding these breaches whereby they are rent at the top asunder . now because for redress of professed errors , and open schisms , it is , and must be the churches care , that all may in outward conformity be one , as the laudable polity of former ages ; even so our own , to that end and purpose , hath established divers laws , the moderate severity whereof is a mean both to stay the rest , and to reclaim such as heretofore have been led awry . but seeing that the offices which laws require , are always definite , and when that they require is done , they go no farther , whereupon sundry ill-affected persons to save themselves from danger of laws , pretend obedience , albeit inwardly they carry still the same hearts which they did before ; by means whereof , it falleth out , that receiving unworthily the blessed sacrament at our hands , they eat and drink their own damnation : it is for remedy of this mischief * here determined , that whom the law of the realm doth punish unless they communicate , such if they offer to obey law , the church notwithstanding should not admit without probation before had of their gospel-like behavior . wherein they first set no time , how long this supposed probation must continue ; again , they nominate no certain judgment , the verdict whereof shall approve mens behavior to be gospel-like ; and , that which is most material , whereas they seek to make it more hard for dissemblers to be received into the church , then law and polity as yet hath done ; they make it in truth more easie for such kinde of persons , to winde themselves out of the law , and to continue the same they were . the law requireth at their hands , that duty which in conscience doth touch them nearest , because the greatest difference between us and them , is the sacrament of the body and blood of christ , whose name in the service of our communion , we celebrate with due honor , which they in the error of their mass prophane . as therefore on our part to hear mass , were an open departure from that sincere profession wherein we stand ; so if they on the other side , receive our communion , they give us the strongest pledge of fidelity that man can demand . what their hearts are , god doth know . but if they which minde treachery to god and man , shall once apprehend this advantage given them , whereby they may satisfie law , in pretending themselves conformable , ( for what can law with reason or justice require more ? ) and yet be sure the church will accept no such offer , till their gospel-like behavior be allowed , after that our own simplicity hath once thus fairly eased them from the sting of law ; it is to be thought they will learn the mystery of gospel-like behavior , when leisure serveth them . and so while without any cause , we fear to profane sacraments , we shall not onely defeat the purpose of most wholesome laws , but lose or wilfully hazard those souls ; from whom , the likeliest means of full and perfect recovery , are by our indiscretion with-held . for neither doth god thus binde us to dive into mens consciences , nor can their fraud and deceit hurt any man but themselves . to him they seem such as they are , but of us they must be taken for such as they seem . in the eye of god they are against christ , that are not truly and sincerely with him ; in our eyes , they must be received as with christ , that are not to outward shew against him . the case of impenitent and notorious sinners , is not like unto theirs , whose onely imperfection is error , severed from pertinacy ; error in appearance content to submit it self to better instruction ; error so far already cured , as to crave at our hands that sacrament , the hat●ed and utter refusal whereof , was the weightiest point wherein heretofore they swerved and went astray . in this case therefore , they cannot reasonably charge us with remiss dealing , or with carelesness to whom we impart the mysteries of christ ; but they have given us manifest occasion to think it requisit , that we earnestly advise rather , and exhort them to consider as they ought , their sundry over-sights ; first , in equalling undistinctly crimes with errors , as touching force to make uncapable of this sacrament : secondly , in suffering indignation at the faults of the church of rome , to blinde and with-hold their judgments from seeing that which withal they should acknowledge , concerning so much , nevertheless , still due to the same church , as to be held and reputed a part of the house of god , a limb of the visible church of christ : thirdly , in imposing upon the church a burthen , to enter farther into mens hearts , and to make a deeper search of their consciences , then any law of god , or reason of man inforceth : fourthly and lastly , in repelling under colour of longer tryal , such from the mysteries of heavenly grace , as are both capable thereof by the laws of god , for any thing we hear to the contrary ; and should , in divers considerations , be cherished according to the merciful examples and precepts , whereby the gospel of christ hath taught us towards such , to shew compassion , to receive them with lenity and all meekness ; if any thing be shaken in them , to strengthen it , not to quench with delays and jealousies , that feeble smoke of conformity which seemeth to breathe from them ; but to build wheresoever there is any foundation , to add perfection unto slender beginnings , and that as by other offices of piety , even so by this very food of life , which christ hath left in his church , not onely for preservation of strength , but also for relief of weakness : but to return to our own selves , in whom the next thing severely reproved , is the paucity of communicants . if they require at communions frequency , we wish the same , knowing how acceptable unto god such service is , when multitudes cheerfully concur unto it ; if they encourage men thereunto , we also ( themselves acknowledge it ) are not utterly forgetful to do the like ; if they require some publick coaction for remedy of that , wherein by milder and softer means , little good is done , they know our laws and statutes provided in that behalf , whereunto whatsoever convenient help may be added more by the wisdom of man , what cause have we given the world to think , that we are not ready to hearken to it , and to use any good means of sweet compulsion , to have this high and heavenly banquet largely furnished ? onely we cannot so far yield , as to judge it convenient , that the holy desire of a competent number should be unsatisfied , because the greater part is careless and undisposed to joyn with them . men should not ( they say ) be permitted a few by themselves to communicate , when so many are gone away , because this sacrament is a token of our conjunction with our brethren , and therefore by communicating apart from them , we make an apparent shew of distraction : i ask then , on which side unity is broken , whether on theirs that depart , or on theirs , who being left behinde , do communicate ? first , in the one it is not denied , but that they may have reasonable causes of departure , and that then even they are delivered from just blame . of such kinde of causes , two are allowed , namely , danger of impairing health , and necessary business requiring our presence otherwhere . and may not a third cause , which is unfitness at the present time , detain us as lawfully back , as either of these two ? true it is , that we cannot hereby altogether excuse our selves , for that we ought to prevent this , and do not : but if we have committed a fault in not preparing our mindes before , shall we therefore aggravate the same with a worse ; the crime of unworthy participation ? he that abstaineth , doth want for the time that grace and comfort which religious communicants have , but he that eateth and drinketh unworthily , receiveth death ; that which is life to others , turneth in him to poyson . notwithstanding , whatsoever be the cause , for which men abstain , were it reason that the fault of one part , should any way abridge their benefit that are not faulty ? there is in all the scripture of god , no one syllable which doth condemn communicating a t●ngst a few , when the rest are departed from them . as for the last thing , which is our imparting this sacrament privately unto the sick , whereas there have been of old ( they grant ) two kindes of necessity , wherein this sacrament might be privately administred ; of which two , the one being erroniously imagined , and the other ( they say ) continuing no longer in use , there remaineth unto us no necessity at all , for which , that custom should be retained . the falsly surmised necessity , is that , whereby some have thought all such excluded from possibility of salvation , as did depart this life , and never were made partakers of the holy eucharist . the other case of necessity was , when men which had faln in time of persecution , and had afterwards repented them , but were not as yet received again unto the fellowship of this communion , did at the hour of their death request it , that so they might rest with greater quietness and comfort of minde , being thereby assuted of departure , in unity of christs church ; which vertuous desire , the fathers did think it great impiety , not to satisfie . this was serapions case of necessity . serapion a faithful aged person , and always of very upright life , till fear of persecution in the end , caused him to shrink back ; after long sorrow for his scandalous offence , and sute oftentimes made to be pardoned of the church , fell at length into grievous sickness , and being ready to yield up the ghost , was then more instant then ever before to receive the sacrament . which sacrament was necessary in this case , not that serapion had been deprived of everlasting life without it , but that his end was thereby to him made the more comfortable . and do we think , that all cases of such necessity are clean vanished ? suppose that some have by mis-perswasion lived in schism , withdrawn themselves from holy and publick assemblies , hated the prayers , and loathed the sacraments of the church , falsly presuming them to be fraught with impious and antichristian corruptions : which error , the god of mercy and truth , opening at the length their eyes to see , they do not onely repent them of the evil which they have done , but also in token thereof , desire to receive comfort by that whereunto they have offered disgrace ( which may be the case of many poor seduced souls , even at this day . ) god forbid , we should think that the church doth sin , in permitting the wounds of such to be suppled with that oyl , which this gracious sacrament doth yield , and their bruised mindes not onely need but beg . there is nothing which the soul of man doth desire in that last hour so much , as comfort against the natural terrors of death , and other scruples of conscience , which commonly do then most trouble and perplex the weak ; towards whom , the very law of god doth exact at our hands , all the helps that christian lenity and indulgence can afford . our general consolation departing this life , is , the hope of that a glorious and blessed resurrection , which the apostle saint paul b nameth c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to note , that , as all men shall have their d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and be raised again from the dead ; so the just shall be taken up and exalted above the rest , whom the power of god doth but raise , and not exalt . this life , and this resurrection our lord jesus christ is , for all men , as touching the sufficiency of that he hath done ; but that which maketh us partakers thereof , is our particular communion with christ ; and this sacrament a principal mean , as well to strengthen the bond , as to multiply in us the fruits of the same communion : for which cause saint cyprian d termeth it a joyful solemnity of expedite and speedy resurrection ; ignatius e , a medicine which procureth immortality , and preventeth death ; irenaeus f , the nourishment of our bodies to eternal life , and their preservative from corruption . now because that sacrament , which at all times we may receive unto this effect , is then most acceptable and most fruitful , when any special extraordinary occasion , nearly , and presently urging , kindleth our desires towards it , their severity , who cleave unto that alone , which is generally fit to be done , and so make all mens conditions alike , may adde much affliction to divers troubled and grieved mindes , of whose particular estate particular respect being had , according to the charitable order of the church wherein we live , there ensueth unto god that glory , which his righteous saints comforted in their greatest distresses do yield ; and unto them which have their reasonable petitions satisfied , ●●●e same contentment , tranquillity and joy , that others before them , by means of like satisfaction , have reaped , and wherein we all are , or should be desirous , finally , to take our leave of the world , whensoever our own uncertain time of most assured departure shall come . concerning therefore both prayers and sacraments , together with our usual and received form of administering the same in the church of england , let thus much suffice . . as the substance of god alone is infinite , and hath no kinde of limitation ; so likewise his continuance is from everlasting to everlasting , and knoweth neither beginning nor end. which demonstrable conclusion being presupposed , it followeth necessarily , that , besides him , all things are finite , both in substance and in continuance . if in substance all things be finite , it cannot be , but that there are bounds without the compass whereof , their substance doth not extend ; if in continuance also limited , they all have , it cannot be denied , their set and their certain terms , before which they had no being at all . this is the reason , why first we do most admire those things which are greatest ; and secondly , those things which are ancientest , because the one are least distant from the infinite substance ; the other from the infinite continuance of god. out of this we gather , that onely god hath true immortality or eternity , that is to say , continuance wherein there groweth no difference by addition of hereafter unto now , whereas the noblest and perfectest of all things besides , have continually through continuance , the time of former continuance lengthned ; so that they could not heretofore be said to have continued so long as now , neither now so long as hereafter , gods own eternity , is the hand which leadeth angels in the course of their perpetuity ; their perpetuity the hand that draweth out celestial motion ; the line of which motion , and the thred of time , are spun together . now as nature bringeth forth time with motion , so we by motion have learned how to divide time , and by the smaller parts of time , both to measure the greater , and to know how long all things else endure . for , time , considered in it self , is but the flux of that very instant , wherein the motion of the heaven began ; being coupled with other things , it is the quantity of their continuance measured by the distance of two instants : as the time of a man , is a mans continuance from the instant of his first breath , till the instant of his last gasp . hereupon , some have defined time to be the measure of the motion of heaven ; because the first thing which time doth measure , is that motion wherewith it began , and by the help whereof it measureth other things ; as when the prophet david saith , that a mans continuance doth not commonly exceed threescore and ten years , he useth the help , both of motion and number , to measure time. they which make time an effect of motion , and motion to be in nature before time , ought to have considered with themselves , that albeit we should deny , as melissus did , all motion , we might notwithstanding acknowledge time , because time doth but signifie the quantity of continuance , which continuance may be in things that rest , and are never moved . besides , we may also consider in rest , both that which is past , and that which is present , and that which is future ; yea , farther , even length and shortness in every of these , although we never had conceit of motion . but to define , without motion , how long , or how short such continuance is , were impossible . so that herein we must of necessity use the benefit of years , days , hours , minutes , which all grow from celestial motion . again , for as much as that motion is circular , whereby we make our divisions of time , and the compass of that circuit such , that the heavens which are therein continually moved , and keep in their motions uniform celerity , must needs touch often the same points , they cannot chuse but bring unto us by equal distances , frequent returns of the same times . furthermore , whereas time is nothing but the meer quantity of that continuance which all things have , that are not as god is , without beginning , that which is proper unto all quantities agreeth also to this kinde ; so that time doth but measure other things , and neither worketh in them any real effect , nor is it self ever capable of any . and therefore when commonly we use to say , that time doth eat or fret out all things ; that time is the wisest thing in the world , because it bringeth forth all knowledge ; and that nothing is more foolish then time , which never holdeth any thing long , but whatsoever one day learneth , the same another day forgetteth again ; that some men see prosperous and happy days , and that some mens days are miserable : in all these , and the like speeches , that which is uttered of the time , is not verified of time it self ; but agreeth unto those things which are in time , and do by means of so near conjunction , either lay their burden upon the back , or set their crown upon the head of time. yea , the very opportunities which we ascribe to time , do in truth cleave to the things themselves , wherewith time is joyned : as for time , it neither causeth things , nor opportunities of things , although it comprize and contain both . all things whatsoever having their time , the works of god have always that time which is seasonablest and fittest for them . his works are , some ordinary , some more rare ; all worthy of observation , but not all of like necessity to be often remembred ; they all have their times , but they all do not adde the same estimation and glory to the times wherein they are . for as god by being every where , yet doth not give unto all places , one and the same degree of holiness ; so neither one and the same dignity to all times by working in all . for it all , either places or times were in respect of god alike ; wherefore was it said unto moses , by particular designation , that very place wherein thou standest , is holy ground ? why doth the prophet david chuse out of all the days of the year , but one , whereof he speaketh by way of principal admiration , this is the day the lord hath made ? no doubt , as gods extraordinary presence , hath hallowed and sanctified certain places , so they are his extraordinary works , that have truly and worthily advanced certain times ; for which cause , they ought to be with all men that honor god , more holy then other days . the wise man therefore compareth herein , not unfitly the times of god , with the persons of men . if any should ask how it cometh to pass , that one day doth excel another , seeing the light of all the days in the year proceedeth from one sun , to this he answereth , that the knowledge of the lord hath parted them asunder , he hath by them disposed the times and solemn feasts ; some he hath chosen out and sanctified , some he hath put among the days , to number : even as adam and all other men are of one substance , all created of the earth : but the lord hath divided them by great knowledge , and made their ways divers ; some he hath blessed and exalted , some he hath sanctified and appropriated unto himself , some he hath cursed , humbled , and put them out of their dignity . so that the cause being natural and necessary , for which there should be a difference in days , the solemn observation whereof , declareth religious thankfulness towards him , whose works of principal reckoning , we thereby admire and honor , it cometh next to be considered , what kindes of duties and services they are , wherewith such times should be kept holy . . the sanctification of days and times , is a token of that thankfulness , and a part of that publick honor which we ow to god for admirable benefits , whereof it doth not suffice , that we keep a secret kalender , taking thereby our private occasions as we lift our selves , to think how much god hath done for all men ; but the days which are chosen out to serve as publick memorials of such his mercies , ought to cloathed with those outward robes of holiness , whereby their difference from other days , may be made sensible . but because time in it self , as hath been already proved , can receive no alteration ; the hallowing of festival days , must consist in the shape or countenance , which we put upon the affairs that are incident into those days . this is the day which the lord hath made , saith the prophet david , let us rejoyce and be glad in it . so that generally offices and duties of a religious joy , are that wherein the hallowing of festival times consisteth . the most natural testimonies of our rejoycing in god , are first , his praises set forth with cheerful alacrity of minde : secondly , our comfort and delight expressed by a charitable largeness of somewhat more then common bounty : thirdly , sequestration from ordinary labors , the toyls and cares whereof are not meet to be companions of such gladness . festival solemnity therefore , is nothing but the due mixture , as it were , of these three elements , praise , bounty , and rest. touching praise , for as much as the jews , who alone knew the way how to magnifie god aright , did commonly ( as appeared by their wicked lives ) more of custom , and for fashion sake execute the services of their religion , then with hearty and true devotion ( which god especially requireth ) he therefore protesteth against their sabbaths and solemn days , as being therewith much offended . plentiful and liberal expence is required in them that abound , party as a sign of their own joy , in the goodness of god towards them , and partly as a mean , whereby to refresh those poor and needy , who being , especially at these times , made partakers of relaxation and joy with others , do the more religiously bless god , whose great mercies were a cause thereof , and the more contentedly endure the burthen of that hard estate wherein they continue . rest is the end of all motion , and the last perfection of all things that labor . labors in us are journeys , and even in them which feel no weariness by any work ; yet they are but ways whereby to come unto that which bringeth not happiness , till it do bring rest. for as long as any thing which we desire is unattained , we rest not . let us not here take rest for idleness . they are idle , whom the painfulness of action causeth to avoid those labors , whereunto both god and nature bindeth them ; they rest , which either cease from their work , when they have brought it unto perfection , of else give over a meaner labor , because a worthier and better is to be undertaken . god hath created nothing to be idle or ill employed . as therefore , man doth consist of different and distinct parts , every part endued with manifold abilities , which all have their several ends and actions thereunto referred ; so there is in this great variety of duties which belong to men , that dependency and other ; by means whereof , the lower sustaining always the more excellent , and the higher perfecting the more base ; they are in their times and seasons continued with most exquisite correspondence : labors of bodily and daily toyl , purchase freedom for actions of religious joy , which benefit these actions requite with the gift of desired rest : a thing most natural and fit to accompany the solemn festival duties of honor , which are done to god. for if those principal works of god , the memory whereof we use to celebrate at such times , be but certain tastes and ●●says , as it were , of that final benefit , wherein our perfect felicity and bliss lieth folded up , seeing that the presence of the one , doth direct our cogitations , thoughts and desires towards the other , it giveth surely a kinde of life , and addeth inwardly no small delight to those so comfortable expectations , when the very outward countenance of that we presently do , representeth after a sort that also whereunto we tend , as festival rest doth that celestial estate whereof the very heathens themselves which had not the means whereby to apprehend much , did notwithstanding imagine , that it needs must consist in rest , and have therefore taught , that above the highest moveable sphere , there is nothing which feeleth alteration , motion or change , but all things immutable , unsubject to passion , blest with eternal continuance in a life of the highest perfection , and of that compleat abundant sufficiency within it self , which no possibility of want , maim , or defect can touch . besides , whereas ordinary labors are both in themselves painful , and base in comparison of festival services done to god , doth not the natural difference between them , shew that the one , as it were , by way of submission and homage , should surrender themselves to the other , wherewith they can neither easily concur , because painfulness and joy are opposite , nor decently , because while the minde hath just occasion to make her abode in the house of gladness , the weed of ordinary toyl and travel , becometh her not ? wherefore , even nature hath taught the heathens , and god the jews , and christ us , first , that festival solemnities are a part of the publick exercise of religion : secondly , that praise , liberality , and rest , are as natural elements whereof solemnities consist . but these things the heathens converted to the honor of their false gods : and , as they failed in the end it self ; so neither could they discern rightly what form and measure religion therein should observe . whereupon , when the israelites impiously followed so corrupt example , they are in every degree noted to have done amiss ; their hymns of songs of praise , were idolatry , their bounty , excess ; and their rest , wantonness . therefore the law of god which appointed them days of solemnity , taught them likewise in what manner the same should be celebrated : according to the pattern of which institution , david establishing the state of religion , ordained praise to be given unto god in the sabbaths , moneths , and appointed times , as their custom had been always before the lord. now , besides the times which god himself in the law of moses particularly specified , there were , through the wisdom of the church , certain other devised by occasion of like occurents to those whereupon the former had risen ; as namely , that which mordecai and esther did first celebrate , in memory of the lords most wonderful protection , when haman had laid his inevitable plot , to mans thinking , for the utter extirpation of the jews even in one day . this they call the feast of lots , because haman had cast their life , and their death , as it were , upon the hazard of a lot. to this may be added , that other also of dedication , mentioned in the tenth of st. iohns gospel , the institution whereof is declared in the history of the maccabees . but for as much as their law by the coming of christ is changed , and we thereunto no way bound , st. paul , although it were not his purpose to favor invectives against the special sanctification of days and times to the service of god , and to the honor of jesus christ , doth notwithstanding bend his forces against that opinion , which imposed on the gentiles the yoke of jewish legal observations , as if the whole world ought for ever , and that upon pain of condemnation , to keep and observe the same . such as in this perswasion hallowed those jewish sabbaths , the apostle sharply reproveth , saying , ye observe days , and moneths , and times , and years ; i am in fear of you , lest i have bestowed upon you labor in vain . howbeit , so far off was tertullian from imagining how any man could possibly hereupon call in question such days as the church of christ doth observe , that the observation of these days , he useth for an argument whereby to prove , it could not be the apostles intent and meaning to condemn simply , all observing of such times , generally therefore touching feasts in the church of christ , they have that profitable use whereof saint augustine speaketh , by festival solemnities and set-days , we dedicate and sanctifie to god , the memory of his benefits , lest unthankful forgetfulness thereof , should creep upon us in course of time . and concerning particulars , their sabbath the church hath changed into our lords day , that is , as the one did continually bring to minde the former world finished by creation ; so the other might keep us in perpetual remembrance of a far better world , begun by him which came to restore all things , to make both heaven and earth new . for which cause they honored the last day , we the first , in every seven , throughout the year , the rest of the days and times which we celebrate , have relation all unto one head . we begin therefore our ecclesiastical year , with the glorious annuntiation of his birth , by angelical embassage . there being hereunto added , his blessed nativity it self ; the mystery of his legal circumcision , the testification of his true incarnation , by the purification of her , which brought him in the world , his resurrection , his ascension into heaven , the admirable sending down of his spirit upon his chosen , and ( which consequently ensued ) the notice of that incomprehensible trinity thereby given to the church of god. again , for as much as we know , that christ hath not onely been manifested great in himself , but great in other his saints also , the days of whose departure out of the world , are to the church of christ , as the birth and coronation days of kings or emperors ; therefore especial choice being made of the very flower of all occasions in this kinde , there are annual selected times to meditate of christ glorified in them , which had the honor to suffer for his sake , before they had age and ability to know him ; glorified in them , which knowing him as stephen , had the sight of that before death , whereinto so acceptable death did lead , glorified in those sages of the east , that came from far to adore him , and were conducted by strange light ; glorified in the second elias of the world , sent before him to prepare his way , glorified in every of those apostles , whom it pleased him to use as founders of his kingdom here ; glorified in the angels , as in michael , glorified in all those happy souls , that are already possessed of heaven . over and besides which number not great , the rest be but four other days heretofore annexed to the feast of easter and pentecost , by reason of general baptism , usual at those two feasts ; which also is the cause why they had not , as other days , any proper name given them . their first institution was therefore through necessity , and their present continuance is now for the greater honor of the principals , whereupon they still attend . if it be then demanded , whether we observe these times as being thereunto bound by force of divine law , or else by the onely positive ordinances of the church ; i answer to this , that the very law of nature it self , which all men confess to be gods law , requireth in general no less the sanctification of times , then of places , persons and things , unto gods honor . for which cause it hath pleased him heretofore , as of the rest ; so of times likewise , to exact some parts by way of perpetual homage , never to be dispensed withal , nor remitted : again to require some other parts of time with as strict exaction , but for less continuance ; and of the rest which were left arbibitrary , to accept what the church shall in due consideration consecrate voluntarily , unto like religious uses . of the first kinde , amongst the jews , was the sabbath-day ; of the second , those feasts which are appointed by the law of moses ; the feast of dedication , invented by the church , standeth in the number of the last kinde . the moral law requiring therefore a seventh part throughout the age of the whole world , to be that way employed , although with us the day be changed , in regard of a new revolution begun by our saviour christ ; yet the same proportion of time continueth which was before , because in reference to the benefit of creation , and now much more of renovation thereunto added by him which was prince of the world to come ; we are bound to accompt the sanctification of one day in seven , a duty which gods immutable law doth exact for ever . the rest , they say , we ought to abolish , because the continuance of them doth nourish wicked superstition in the mindes of men ; besides , they are all abused by papists , the enemies of god ; yea , certain of them , as easter and pentecost , even by the jews . . touching jews , their easter and pentecost have with ours as much affinity , as philip the apostle , with philip the macedonian king. as for imitation of papists , and the breeding of superstition , they are now become such common guests , that no man can think it discourteous to let them go as they came . the next is a rare observation and strange ; you shall finde , if you mark it ( as it doth deserve to be noted well ) that many thousands there are , who if they have vertuously during those times behaved themselves , if their devotion and zeal in prayer have been fervent , their attention to the word of god , such as all christian men should yield , imagine , that herein they have performed a good duty ; which notwithstanding to think , is a very dangerous : error , in as much as the apostle saint paul hath taught , that we ought not to keep our easter as the jews did for certain days ; but , in the unleavened bread of sincerity and of truth , to feast continually : whereas the restraint of easter to a certain number of days , causeth us to rest for a short space in that near consideration of our duties , which should be extended throughout the course of our whole lives , and so pulleth out of our mindes , the doctrine of christs gospel ●re we be aware . the doctrine of the gospel , which here they mean , or should mean , is , that christ having finished the law , there is no jewish paschal solemnity , nor abstinence from sour bread , now required at our hands ; there is no leaven which we are bound to cast out , but malice , sin , and wickedness ; no bread but the food of sincere truth , wherewith we are tied to celebrate our passover . and seeing no time of sin is granted us , neither any intermission of sound belief , it followeth , that this kinde of feasting ought to endure always . but how are standing festival solemnities against this ? that which the gospel of christ requireth , is the perpetuity of vertuous duties ; not perpetuity of exercise or action ; but disposition perpetual , and practice as oft as times and opportunities require . just , valiant , liberal , temperate , and holy men are they , which can whensoever they will , and will whensoever they ought , execute what their several perfections import . if vertues did always cease to be , when they cease to work , there should be nothing more pernicious to vertue then sleep : neither were it possible that men , as zachary and elizabeth , should in all the commandments of god , walk unreprovable ; or that the chain of our conversation should contain so many links of divine vertues , as the apostles in divers places have reckoned up ; if in the exercise of each vertue , perpetual continuance were exacted at our hands . seeing therefore all things are done in time , and many offices are not possible at one and the same time to be discharged ; duties of all forms must have necessarily their several successions and seasons : in which respect the school-men have well and soundly determined , that gods affirmative laws and precepts , the laws that enjoyn any actual duty , as prayer , alms , and the like , do binde us ad semper velle , but not ad semper agere ; we are tyed to iterate and resume them when need is , howbeit not to continue them without any intermission . feasts , whether god himself hath ordained them , or the church by that authority which god hath given , they are of religion such publick services , as neither can , nor ought to be continued otherwise then onely by iteration . which iteration is a most effectual mean to bring unto full maturity and growth those seeds of godliness , that these very men themselves do grant to be sown in the hearts of many thousands , during the while that such feasts are present . the constant habit of well-doing , is not gotten , without the custom of doing well , neither can vertue be made perfect , but by the manifold works of vertue often practised . before the powers of our mindes be brought unto some perfection , our first assays and offers towards vertue , must needs be raw ; yet commendable , because they tend unto ripeness . for which cause , and wisdom of god hath commanded , especially this circumstance amongst others in solemn feasts , that to children and novices in religion , they minister the first occasion to ask and enquire of god. whereupon , if there follow but so much piety as hath been mentioned , let the church learn to further imbecillity with prayer . preserve , lord , these good and gracious beginnings , that they suddenly dry not up like the morning dew , but may prosper and grow as the trees , which rivers of waters keep always flourishing . let all mens acclamations be , grace , grace unto it , as to that first laid corner stone in zerubbabels buildings . for who hath despised the day of those things which are small ? or , how dare we take upon us to condemn that very thing which voluntarily we grant , maketh as of nothing , somewhat ; seeing all we pretend against it , is onely , that as yet this somewhat , is not much ? the days of solemnity which are but few , cannot chuse but soon finish that outward exercise of godliness , which properly appertaineth to such times ; howbeit , mens inward disposition to vertue , they both augment for the present , and by their often returns , bring also the same at the length unto that perfection which we most desire . so that although by their necessary short continuance , they abridge the present exercise of piety in some kinde ; yet because by repetition they enlarge , strengthen , and confirm the habits of all vertue ; it remaineth , that we honor , observe and keep them as ordinances , many ways singularly profitable in gods church . this exception being taken against holidays , for that they restrain the praises of god unto certain times , another followeth condemning restraint of men , from their ordinary trades and labors at those times . * it is not ( they say ) in the power of the church to command rest , because god hath left it to all men at liberty , that if they think good to bestow six whole days in labor , they may ; neither is it more lawful for the church to abridge any man of that liberty which god hath granted , then to take away the yoke which god hath laid upon them , and to countermand what he doth expresly enjoyn . they deny not , but in times of publick calamity , that men may the better assemble themselves to fast and pray , the church , because it hath received commandment from god , to proclaim a prohibition from ordinary works , standeth bound to do it , as the jews afflicted did in babylon . but without some express commandment from god , there is no power , they say , under heaven , which may presume by any decree to restrain the liberty that god hath given . which opinion , albeit applied here no farther then to this present cause , shaketh universally the fabrick of government , tendeth to anarchy , and meer confusion , dissolveth families , dissipateth colledges , corporations , armies ; overthroweth kingdoms , churches , and whatsoever is now , through the providence of god , by authority and power upheld . for whereas god hath foreptized things of the greatest weight , and hath therein precisely defined , as well that which every man must perform , as that which no man may attempt , leaving all sorts of men in the rest , either to be guided by their own good discretion , if they be free from subjection to others , or else to be ordered by such commandments and laws , as proceed from those superiors under whom they live ; the patrons of liberty have here made solemn proclamation , that all such laws and commandments are void , in as much as every man is left to the freedom of his own minde , in such things as are not either exacted or prohibited by the law of god. and because , onely in these things , the positive precepts of men have place ; which precepts cannot possibly be given without some abridgment of their liberty , to whom they are given : therefore if the father command the son , or the husband the wife ; or the lord the servant , or the leader the soldier , or the prince the subject ; to go or stand , sleep or wake , at such times , as god himself in particular commandeth neither ; they are to stand in defence of the freedom which god hath granted , and to do as themselves list , knowing , that men may as lawfully command them things utterly forbidden by the law of god , as tye them to any thing which the law of god leaveth free . the plain contradictory whereunto is unfallibly certain . those things which the law of god leaveth arbitrary and at liberty , are all subject to the positive laws of men ; which laws for the common benefit , abridge particular mens liberty in such things , as far as the rules of equity will suffer . this we must either maintain , or else over-turn the world , and make every man his own commander . seeing then that labor and rest upon any one day of the six , throughout the year , are granted free by the law of god , how exempt we them from the force and power of ecclesiastical law , except we deprive the world of power , to make any ordinance or law at all ? besides , is it probable that god should not onely allow , but command concurrency of rest , with extraordinary occasions of doleful events , befalling ( peradventure ) some one certain church , or not extending unto many , and not as much as permit or licence the like ; when piety , triumphant with joy and gladness , maketh solemn commemoration of gods most rare and unwonted mercies , such especially as the whole race of mankinde doth or might participate ? of vacation from labor in times of sorrow , the onely cause is , for that the general publick prayers of the whole church , and our own private business , cannot both he followed at once ; whereas of rest in the famous solemnities of publick joy , there is both this consideration the same ; and also farther a kinde of natural repugnancy , which maketh labors ( as hath been proved ) much more unfit to accompany festival praises of god , then offices of humiliation and grief . again , if we sift what they bring for proof and approbation of rest with fasting , doth it not in all respects as fully warrant , and as strictly command rest , whensoever the church hath equal reason by feasts , and gladsome solemnities to testifie publick thankfulness towards god ? i would know some cause , why those words of the prophet ioel , sanctifie a fast , call a solemn assembly ; which words were uttered to the jews , in misery and great distress , should more binde the church to do at all times after the like , in their like perplexities , then the words of moses , to the same people , in a time of joyful deliverance from misery . remember this day , may warrant any annual celebration of benefits , no less importing the good of men ; and also justifie , as touching the manner and form thereof , what circumstance soever we imitate onely in respect of natural fitness or decency , without any jewish regard to ceremonies , such as were properly theirs , and are not by us expedient to be continued . according to the rule of which general directions , taken from the law of god , no less in the one , then the other , the practice of the church , commended unto us in holy scripture , doth not onely make for the justification of black and dismal days ( as one of the fathers termeth them ) but plainly offereth it self to be followed by such ordinances ( if occasion require ) as that which mordecai did sometimes devise , esther what lay in her power help forward , and the rest of the jews establish for perpetuity , namely , that the fourteenth and fifteenth days of the moneth adar , should be every year kept throughout all generations ; as days of feasting and joy , wherein they would rest from bodily labor , and what by gifts of charity bestowed upon the poor , what by other liberal signs of amity and love ; all restifie their thankful mindes towards god , which almost beyond possibility , had delivered them all , when they all were as men dead . but this decree , they say , was divine , not ecclesiastical , as may appear in that there is another decree in another book of scripture ; which decree is plain , no● to have proceeded from the churches authority , but from the mouth of the prophet onely ; and , as a poor simple man sometime was fully perswaded , that it pontius pilate had not been a saint , the apostles would never have suffered his name to stand in the creed ; so these men have a strong opinion , that because the book of esther is canonical , the decree of esther cannot be possibly ecclesiastical : if it were , they ask how the jews could binde themselves always to keep it , seeing ecclesiastical laws are mutable ? as though the purposes of men might never intend constancy in that , the nature whereof is subject to alteration . doth the scripture it self make mention of any divine commandment ? is the scripture witness of more , then onely that mordecai was the author of this custom , that by letters written to his brethren the jews , throughout all provinces under darius , the king of persia ; he gave them charge to celebrate yearly those two days , for perpetual remembrance of gods miraculous deliverance and mercy ; that the jews hereupon undertook to do it , and made it with general consent , an order for perpetnity ; that esther , secondly , by her letters confirmed the same which mordecai had before decreed ; and that finally , the ordinance was written to remain for ever upon record ? did not the jews , in provinces abroad , observe at the first the fourteenth day , the jews in susis the fifteenth ? were they not all reduced to an uniform order , by means of those two decrees , and so every where three days kept ; the first with fasting , in memory of danger ; the rest , in token of deliverance , as festival and joyful days ? was not the first of these three afterwards , the day of sorrow and heaviness , abrogated , when the same church saw it meet that a better day , a day in memory of like deliverance , out of the bloody hancs of nicanor , should succeed in the room thereof ? but for as much as there is no end of answering fruitless oppositions , let it suffice men of sober mindes , to know , that the law both of god and nature alloweth generally , days of rest and festival solemnity , to be observed by way of thankful and joyful remembrance , if such miraculous favors be shewed towards mankinde , as require the same ; that such graces , god hath bestowed upon his church , as well in latter , as in former times ; that in some particulars , when they have faln out , himself hath demanded his own honor , and in the rest , hath lest it to the wisdom of the church , directed by those precedents , and enlightned by other means , always to judge when the like is requisite . about questions therefore , concerning days and times , our manner is not to stand at bay with the church of god , demanding , wherefore the memory of a paul should be rather kept , then the memory of b daniel : we are content to imagine , it may be perhaps true , that the least in the kingdom of christ , is greater then the greatest of all the prophets of god that have gone before : we never yet saw cause to despair , but that the c simplest of the people might be taught the right construction of as great mysteries , as the d name of a saints day doth comprehend , although the times of the year go on in their wonted course : we had rather glorifie and bless god , for the fruit we daily behold , reaped by such ordinances , as his gracious spirit maketh the ripe wisdom of this national church to bring forth , then vainly boast of our own peculiar and private inventions , as if the skill of e profitable regiment had left her publick habitation , to dwell in retired manner with some few men of one livery : we make not our childish f appeals , sometimes from our own to forein churches , sometime from both unto churches ancienter then both are , in effect always from all others to our own selves ; but , as becometh them that follow with all humility the ways of peace , we honor , reverence , and obey , in the very next degree unto god , the voice of the church of god wherein we live . they , whose wits are too glorious to fall to so low an ebb ; they which have risen and swoln so high , that the walls of ordinary rivers are unable to keep them in ; they whose wanton contentions in the cause whereof we have spoken , do make all where they go , a sea , even they , at their highest float , are constrained both to see and g grant , - that what their fancy will not yield to like , their judgment cannot with reason condemn . such is evermore the final victory of all truth , that they which have not the hearts to love her , acknowledge , that to hate her , they have no cause . touching those festival days therefore which we now observe , their number being no way felt h discommodious to the commonwealth , and their grounds such as hitherto hath been shewed ; what remaineth , but to keep them throughout all generations holy , severed by manifest notes of difference from other times , adorned with that which most may betoken true , vertuous , and celestial joy ? to which intent , because surcease from labor is necessary , yet not so necessary , no not on the sabbath or seventh day , it self , but that rarer occasions in mens particular affairs , subject to manifest detriment unless they be presently followed , may with very good conscience draw them sometimes aside from the ordinary rule , considering the favorable dispensation which our lord and saviour groundeth on this axiom , man was not made for the sabbath , but the sabbath ordained for man ; so far forth as concerneth ceremonies annexed to the principal sanctification thereof , howsoever the rigor of the law of moses may be thought to import the contrary ; if we regard with what severity the violation of sabbaths hath been sometime punished , a thing perhaps the more requisite at that instant , both because the jews by reason of their long abode in a place of continual servile toil , could not suddenly be wained and drawn unto contrary offices , without some strong impression of terror ; and also for that there is nothing more needful , then to punish with extremity the first transgressions of those laws , that require a more exact observation for many ages to come ; therefore as the jews , superstitiously addicted to their sabbaths rest for a long time , not without danger to themselves , and a obloquy to their very law , did afterwards perceive and amend wisely their former error , not doubting , that bodily labors are made by b accessity venial , though otherwise especially on that day , rest be more convenient : so at all times , the voluntary scandalous contempt of that rest from labor , wherewith publiclkly god is served , we cannot too c severely correct and bridle . the emperor constantine d having with over-great facility licenced sundays labor in country villages , under that pretence , whereof there may justly no doubt sometime consideration be had , namely , left any thing which god by his providence hath bestowed , should miscarry , not being taken in due time , leo , which afterwards saw that this ground would not bear so general and large indulgence as had been granted , doth by a contrary edict , both reverse and severely censure his predecessors remissness , saying , e we ordain , according to the true meaning of the holy ghost , and of the apostles thereby directed , that on the sacred day , wherein our own integrity was restored , all do rest and surcease labor , that neither husband-man , nor other , on that day , put their hands to forbidden works . for if the iews did so much reverence their sabbath , which was but a shaddow of ours , are not we which inhabit the light and truth of grace , bound to honor that day which the lord himself hath honored , and hath therein delivered us both from dishonor and from death ? are we not bound to keep it singular and inviolble , well contenting our selves with so liberal a grant of the rest , and not incroaching upon that one day , which god hath chosen to his own honor ? were it not wretchless neglect of religion , to make that very day common , and to think we may do with it as with the rest ? imperial laws which had such care of hallowing , especially our lords day , did not omit to provide , that f other festival times might be kept with vacation from labor , whether they were days appointed on the sudden , as extraordinary occasions fell out , or days which were celebrated yearly , for politick and civil considerations ; or finally , such days as christian religion hath ordained in gods church . the joy that setteth aside labor , disperseth those things which labor gathereth . for gladness doth always rise from a kinde of fruition and happiness , which happiness banisheth the cogitation of all want , it needeth nothing but onely the bestowing of that it hath , in as much as the greatest felicity that felicity hath , is to spred and enlarge it self ; it cometh hereby to pass , that the first effect of joyfulness , is to rest , because it seeketh no more ; the next , because it aboundeth , to give . the root of both , is the glorious presence of that joy of minde , which riseth from the manifold considerations of gods unspeakable mercy , into which considerations we are led by occasion of sacred times . for , how could the jewish congregations of old , be put in minde by their weekly sabbaths , what the world reaped through his goodness , which did of nothing create the world ; by their yearly passover , what farewel they took of the land of egypt ; by their pentecost , what ordinances , laws , and statutes , their fathers received at the hands of god ; by their feast of tabernacles , with what protection they journeyed from place to place , through so many fears and hazards , during the tedious time of forty years travel in the wildeness ; by their annual solemnity of lots , how near the whole seed of israel was unto utter extirpation , when it pleased that great god which guideth all things in heaven and earth , so to change the counsels and purposes of men , that the same hand which had signed a decree in the opinion , both of them that granted , and of them that procured it , irrevocable , for the general massacre of man , woman , and childe , became the buckler of their preservation , that no one hair of their heads might be touched : the same days which had been set for the pouring out of so much innocent blood , were made the days of their execution , whose malice had contrived the plot thereof ; and the self-same persons that should have endured whatsoever violence and rage could offer , were employed in the just revenge of cruelty , to give unto blood-thirsty men the taste of their own cup ; or how can the church of christ now endure to be so much called on , and preached unto , by that which every a dominical day throughout the year , that which year by year so many festival times , b if not commanded by the apostles themselves , whose care at that time was of greater things , yet instituted , either by such c universal authority , as no men , or at the least such as we , with no reason , may despise , do as sometime the holy angels did from heaven , sing , d glory be unto god on high , peace on earth , towards men good will , ( for this in effect , is the very song that all christian feasts do apply as their several occasions require ) how should the days and times continually thus inculcate what god hath done , and we refuse to agnize the benefit of such remembrances ; that very benefit which caused moses to acknowledge those guides of day and night , the sun and moon which enlighten the world , not more profitable to nature , by giving all things life , then they are to the church of god , by occasion of the use they have , in regard of the appointed festival times ? that which the head of all philosophers hath said of women , if they be good , the half of the commonwealth is happy , wherein they are ; the same we may fitly apply to times : well to celebrate these religious and sacred days , is , to spend the flower of our time happily . they are the splendor and outward dignity of our religion , forcible witnesses of ancient truth , provocations to the exercises of all piety , shaddows of our endless felicity in heaven , on earth everlasting records and memorials , wherein they which cannot be drawn to hearken unto that we teach , may onely by looking upon that we do , in a manner read whatsoever we believe . . the matching of contrary things together , is a kinde of illustration to both . having therefore spoken thus much of festival days , the next that offer themselves to hand , are days of pensive humiliation and sorrow . fastings are either of mens own free and voluntary accord , as their particular devotion doth move them thereunto ; or else they are publickly enjoyned in the church , and required at the hands of all men . there are , which altogether disallow not the former kinde ; and the latter they greatly commend ; so that it be upon extraordinary , occasions onely , and after one certain manner exercised . but yearly or weekly fasts , such as ours in the church of england , they allow no farther , then as the temporal state of the land doth require the same , for the maintenance of sea-faring-men , and preservation of cattle , because the decay of the one , and the waste of the other , could not well be prevented but by a politick order , appointing some such usual change of diet as ours is . we are therefore the rather to make it manifest in all mens eyes , that set-times of fasting , appointed in spiritual considerations to be kept by all sorts of men , took not their beginning , either from montanus , or any other , whose heresies may prejudice the credit and due estimation thereof , but have their ground in the law of nature , are allowable in gods sight , were in all ages heretofore , and may till the worlds end be observed , not without singular use and benefit . much hurt hath grown to the church of god , through a false imagination , that fasting standeth men in no stead for any spiritual respect , but onely to take down the frankness of nature , and to tame the wildeness of flesh . whereupon the world being bold to surfeit , doth now blush to fast , supposing , that men when they fast , do rather bewray a disease , then exercise a vertue . i much wonder what they , who are thus perswaded , do think , what conceit they have concerning the fasts of the patriarks , the prophets , the apostles , our lord jesus christ himself . the affections of joy and grief are so knit unto all the actions of mans life , that whatsoever we can do , or may be done unto us , the sequel thereof is continually , the one or the other affection . wherefore considering , that they which grieve and joy as they ought , cannot possibly otherwise live then as they should , the church of christ , the most absolute and perfect school of all vertue , hath by the speciall direction of gods good spirit , hitherto always inured men from their infancy ; and partly with days of festival exercise , for the framing of the one affection ; partly with times of a contrary sort , for the perfecting of the other . howbeit , over and besides this , we must note , that as resting , so fasting likewise attendeth sometimes no less upon the actions of the higher , then upon the affections of the lower part of the minde . fasting , saith tertullian , is a work of reverence towards god. the end thereof , sometimes elevation of minde ; sometime the purpose thereof clean contrary . the cause why moses in the mount did so long fast , was meer divine speculation ; the cause why david , a humiliation . our life is b a mixture of good with evil . when we are partakers of good things , we joy , neither can we but grieve at the contrary . if that befal us which maketh glad , our festival solemnities declare our rejoycing to be in him , whose meer undeserved mercy is the author of all happiness ; if any thing be either imminent or present , which we shun , our watchings , fastings , cryes , and tears , are unfeigned testimonies , that our selves we condemn as the onely causes of our own misery , and do all acknowledge him no less inclinable , then able to save . and because as the memory of the one , though past , reneweth gladness ; so the other , called again to minde , doth make the wound of our just remorse to bleed anew ; which wound needeth often touching the more , for that we are generally more apt to kalendar saints , then sinners days , therefore there is in the church a care , not to iterate the one alone , but to have frequent repetition of the other . never to seek after god , saving onely when either the crib or the whip doth constrain , were brutish servility , and a great derogation to the worth of that which is most predominant in men , if sometime it had not a kinde of voluntary access to god , and of conference , as it were , with god ; all these inferior considerations laid aside . in which sequestration , for as much as c higher cogitations do naturally drown and bury all inferior cares , the minde may as well forget natural , both food and sleep , by being carried above it self with serious and heavenly meditation , as by being cast down with heaviness , drowned and swallowed up of sorrow . albeit therefore , concerning jewish abstinence from certain kindes of meats , as being unclean , the apostle doth reach , that the d kingdom of heaven is not meat nor drink , that food commendeth us not unto god , whether we take it , or abstain from it , that if we eat , we are not thereby the more acceptable in his sight , nor the less , if we eat not : his purpose notwithstanding was far from any intent to derogate from that fasting , which is no such scrupulous abstinence , as onely refuseth some kindes of meats and drinks , lest they make them unclean that taste them , but an abstinence whereby we either interrupt , or otherwise abridge the careof our bodily sustenance , to shew by this kinde of outward exercise , the serious intention of our mindes , fixed on heavenlier and better desires , the earnest hunger and thirst whereof , depriveth the body of those usual contentments , which otherwise are not denied unto it . these being in nature the first causes that induce fasting , the next thing which followeth to be considered , is the ancient practice thereof amongst the jews . touching whose private voluntary fasts , the precept which our saviour gave them , was , when ye fast , look not sour , as hypocrites : for they dis-figure their faces , that they might seem to men to fast . verily , i say unto you , they have their reward . when thou fastest , anoint thy head , and wash thy face , that thou seem not unto men to fast , but unto thy father which is in secret , and thy father which seeth in secret , will reward thee openly . our lord and saviour would not teach the manner of doing , much less propose a reward for doing that , which were not both holy and acceptable in gods sight . the pharisees weekly bound themselves unto double fasts , neither are they for this reproval . often fasting , which was a vertue in iohns disciples , could not in them of it self be a vice ; and therefore not the oftenness of their fasting , but their hypocrisie therein was blamed . of publick enjoyned fasts a , upon causes extraordinary , the examples in scripture are so far frequent , that they need no particular rehearsal . publick extraordinary fastings , were sometimes for b one onely day , sometimes for c three , sometimes for d seven . touching fasts not appointed for any such extraordinary causes , but either yearly , or monethly , or weekly observed and kept : first , upon the e nineth day of that moneth , the tenth whereof was the feast of expiation , they were commanded of god , that every soul , year by year , should afflict it self . their yearly fasts every fourth moneth , in regard of the city of ierusalem , entred by the enemy , every fifth , for the memory of the overthrow of their temple ; every seventh , for the treacherous destruction , and death of gedaliah , the very last stay which they had to lean unto in their greatest misery ; every tenth , in remembrance of the time when siege began first to be laid against them : all these not commanded by god himself , but ordained by a publick constitution of their own ; the prophet f zachary expresly toucheth . that st. ierome , following the tradition of the hebrews , doth make the first , a memorial of the breaking of those two tables , when moses descended from mount senai ; the second , a memorial as well of gods indignation , condemning them to forty years travel in the desart , as of his wrath , in permitting chaldeans to waste , burn and destroy their city ; the last , a memorial of heavy tydings , brought out of iury to ezekiel and the rest , which lived as captives in foreign parts ; the difference is not of any moment , considering , that each time of sorrow , is naturally evermore a register of all such grievous events as have hapned , either in , or near about the same time . to these i might add g sundry other fasts , above twenty in number , ordained amongst them by like occasions , and observed in like manner , besides their weekly abstinence , mundays and thursdays , throughout the whole year . when men fasted , it was not always after one and same sort ; but either by depriving themselves wholly of all food , during the time that their fasts continued , or by abating both the quantity and kinde of diet. we have of the one , a plain example in the ninivites fasting , and as plain a president for the other in the prophet daniel , i was ( saith he ) in heaviness for three weeks of days ; i eat no pleasant bread , neither tasted flash nor wine . their tables , when they gave themselves to fasting , had not that usual furniture of such dishes as do cherish blood with blood ; but h for food , they had bread ; for suppage , salt ; and for sawce , herbs . whereunto the apostle may be thought to allude saying , one believeth he may eat all things , another which is weak ( and maketh a conscience of keeping those customs which the jews observe ) eateth herbs . this austere repast they took in the evening , after abstinence the whole day : for , to forfeit a noons meal , and then to recompence themselves at night , was not their use . nor did they ever accustom themselves on sabbaths , or festivals days to fast . and yet it may be a question , whether in some sort they did not always fast the sabbath . their fastings were partly in token of penitency , humiliation , grief , and sorrow , partly in sign of devotion and reverence towards god. which second consideration ( i dare not peremptorily and boldy affirm any thing ) might induce to abstain till noon , as their manner was on fasting days , to do till night . may it not very well he thought , that hereunto the sacred a scripture doth give some secret kinde of testimony ? iosephus is plain , that the sixth hour ( the day they divided into twelve ) was wont on the sabbath , always to call them home unto meat . neither is it improbable , but that the b heathens did therefore so often upbraid them with fasting on that day . besides , they which found so great fault with our lords disciples , for rubbing a few ears of corn in their hands on the sabbath day , are not unlikely to have aimed also at the same mark . for neither was the bodily pain so great , that it should offend them in that respect , and the very manner of defence which our saviour there useth , is more direct and literal to justifie the breach of the jewish custom in fasting , then in working at that time . finally , the apostles afterwards themselves , when god first gave them the gift of tongues , whereas some in disdain and spight , termed grace , drunkenness , it being then the day of pentecost , and but onely a fourth part of the day spent , they use this as an argument against the other cavil , c these men , saith peter , are not drunk as you suppose , since as yet the third hour of the day is not over-past . howbeit , leaving this in suspence , as a thing not altogether certainly known , and to come from jews to christians , we finde that of private voluntarily fastings , the apostle saint paul speaketh d more then once . and ( saith tertullian ) they are sometime commanded throughout the church , ex aliqua sellicitudinis ecclesiastica causa , the care and fear of the church so requiring . it doth not appear , that the apostles ordained any set and certain days to be generally kept of all . notwithstanding , for as much as christ hath fore-signified , that wher . himself should be taken from them , his absence would soon make them apt to fast , it seemeth , that even as the first festival day appointed to be kept of the church , was the day of our lords return from the dead ; so the first sorrowful and mourning day , was , that which we now observe in memory of his departure o●t of this world. and because there could be no abatement of grief , till they saw him raised , whose death was the occasion of their heaviness ; therefore the day he lay in the sepulchre hath been also kept and observed as a weeping day . the custom of fasting these two days before easter , is undoubtedly most ancient ; in so much , that ignatius not thinking him a catholick christian man which did not abhor , and ( as the state of the church was then ) avoid fasting on the jews sabbath , doth notwithstanding except for ever , that one sabbath or saturday which falleth out to be the easter-eve , as with us it always doth , and did sometimes also with them which kept at that time their easter the fourteenth day of march , as the custom of the jews was . it came afterward to be an order , that even as the day of christs resurrection , so the other two , in memory of his death and burial , were weekly . but this , when saint ambrose lived , had not as yet taken place throughout all churches , no not in millan , where himself was bishop . and for that can●● , he saith , that although at rome he observed the saturdays fast , because such was then the custom in rome , nevertheless in his own church at home he did otherwise . the churches which did not observe that day , had another instead thereof , which was the wednesday , for that when they judged it meet to have weekly a day of humiliation , besides that whereon our saviour suffered death , it seemed best to make their choice of that day especially , whereon the jews are thought to have first contrived their treason together with iudas against christ. so that the instituting and ordaining both of these , and of all other times of like exercise , is as the church shall judge expedient for mens good . and concerning every christians mans duty herein , surely that which augustine and ambrose are before alledged to have done , is such , as all men favoring equity , must needs allow , and follow , if they affect peace . as for their specified errors , i will not in this place dispute , whether voluntarily fasting with a vertuous purpose of minde , be any medicinable remedy of evil , or a duty acceptable unto god , and in the world to come even rewardable , as other offices are which proceed from christian piety ; whether wilfully to break and despise the wholesome laws of the church herein , be a thing which offendeth god ; whether truly it may not be said , that penitent both weaping and fasting , are means to blot out sin , means whereby through gods unspeakable and undeserved mercy , we obtain or procure to our selves pardon ; which attainment unto any gracious benefit by him bestowed , the phrase of antiquity useth to express by the name of merit ; but if either saint augustine , or saint ambrose , have taught any wrong opinion , seeing they which reprove them are not altogether free from error ; i hope they will think it no error in us so to censure mens smaller faults , that their vertues be not thereby generally prejudiced . and if in churches abroad , where we are not subject to power or jurisdiction , discretion should teach us for peace and quietness sake , to frame our selves to other mens example , is it meet that at home where our freedom is less , our boldness should be more ? is it our duty to oppugn , in the churches whereof we are ministers , the rites and customs which in foreign churches piety and modesty did teach us , as strangers not to oppugn , but to keep without shew of contradiction or dislike ? why oppose they the name of a minister in this case , unto the state of a private man ? doth their order exempt them from obedience to laws ? that which their office and place requireth , is to shew themselves patterns of reverend subjection , not authors and masters of contempt towards ordinances , the strength whereof , when they seek to weaken , they do but in truth discover to the world their own imbecillities , which a great deal wiselier they might conceal . but the practice of the church of christ , we shall by so much the better , both understand and love , if to that which hitherto hath been spoken , there be somewhat added for more particular declaration , how hereticks have partly abused fasts , and partly bent themselves against the lawful use thereof in the church of god. whereas therefore ignatius hath said , if any keep sundays or saturdays fasts ( one onely saturday in the year excepted ) that man is no better then a murtherer of christ ; the cause of such his earnestness at that time , was the impiety of certain hereticks , which thought * that this world being corruptible , could not be made but a very evil author . and therefore as the jews did by the festival solemnity of their sabbath , rejoyce in the god that created the world , as in the author of all goodness ; so those hereticks in hatred of the maker of the world , sorrowed , wept , and fasted on that day , as being the birth-day of all evil . and as christian men of sound belief , did solemnize the sunday , in joyful memory of christs resurrection , so likewise at the self-same time such hereticks as denied his resurrection , did the contrary to them which held it : when the one sort rejoyced , the other fasted . against those hereticks which have urged perpetual abstinence from certain meats , as being in their very nature unclean , the church hath still bent herself as an enemy ; saint paul giving charge to take heed of them , which under any such opinion , should utterly forbid the use of meats or drinks . the apostles themselves forbad some , as the order taken at ierusalem declareth . but the cause of their so doing , we all know . again , when tertullian , together with such as were his followers , began to montanize , and pretending to perfect the severity of christian discipline , brought in sundry unaccustomed days of fasting , continued their fasts a great deal longer , and made them more rigorous then the use of the church had been ; the mindes of men being somewhat moved at so great , and so sudden novelty , the cause was presently inquired into . after notice taken how the montanists held these additions to be supplements of the gospel , whereunto the spirit of prophesie did now mean to put , as it were , the last hand , and was therefore newly descended upon montanus , whose orders all christian men were no less to obey , then the laws of the apostles themselves ; this abstinence the church abhorred likewise , and that justly . whereupon tertullian proclaiming even open war of the church , maintained montanism , wrote a book in defence of the new fast , and intituled the same ; a treatise of fasting against the opinion of the carnal sort . in which treatise nevertheless , because so much is sound and good , as doth either generally concern the use , or in particular , declare the custom of the churches fasting in those times , men are not to reject whatsoever is alledged out of that book , for confirmation of the truth . his error discloseth it self in those places , where he defendeth fasts to be duties necessary for the whole church of christ to observe as commanded by the holy ghost , and that with the same authority from whence all other apostolical ordinances came , both being the laws of god himself , without any other distinction or difference , saving onely , that he which before had declared his will by paul and peter , did now farther reveal the same by montanus also . against us ye pretend , saith tertullian , that the publick orders which christianity is bound to keep , were delivered at the first , and that no new thing is to be added thereunto . stand if you can upon this point ; for behold , i challenge you for fasting more then at easter your selves . but in fine ye answer , that these things are to be done as established by the voluntary appointment of men , and not by vertue or force of any divine commandment . well then ( he addeth ) ye have removed your first footing , and gone beyond that which was delivered , by doing more then was at the first imposed upon you . you say , you must do that which your own judgments have allowed : we require your obedience to that which god himself doth institute . is it not strange , that men to their own will , should yield that , which to gods commandment they will not grant ? shall the pleasure of men prevail more with you , then the power of god himself ? these places of tertullian for fasting , have worthily been put to silence . and as worthily aerius condemned for opposition against fasting . the one endeavored to bring in such fasts as the church ought not to receive ; the other , to overthrow such as already it had received and did observe : the one was plausible unto many , by seeming to hate carnal loosness , and riotous excess , much more then the rest of the world did ; the other drew hearers , by pretending the maintenance of christian liberty : the one thought his cause very strongly upheld by making invective declamations with a pale and a withered countenance against the church , by filling the ears of his starved hearers with speech suitable to such mens humors , and by telling them , no doubt , to their marvellous contentment and liking , our new prophesies are refused , they are despised . it is because montanus doth preach some other god , or dissolve the gospel of iesus christ , or overthrow any canon of faith and hope ? no , our crime is , we teach that men ought to fast more often then marry ; the best feast-maker is with them the perfectest saint , they are assuredly meer spirit ; and therefore these our corporal devotions please them not : thus the one for montanus and his superstition . the other in a clean contrary tune against the religion of the church . these set-fasts away with them , for they are iewish , and bring men under the yoke of servitude : if i will fast , let me chuse my time , that christian liberty be not abridged . hereupon their glory was to fast especially upon the sunday , because the order of the church was on that day not to fast. on church fasting days , and especially the week before easter , when with us ( saith epiphanius ) custom admitteth nothing but lying down upon the earth , abstinence from fleshly delights and pleasures , sorrowfulness , dry and unsavory diet , prayer , watching , fasting , all the medicines which holy affections can minister ; they are up be times to take in of the strongest for the belly ; and when their veins are well swoln , they make themselves mirth with laughter at this our service , wherein we are perswaded we please god. by this of epiphanius , it doth appear , not onely what fastings the church of christ in those times used , but also what other parts of discipline were together therewith in force , according to the ancient use and custom of bringing all men at certain times , to a due consideration , and an open humiliation of themselves . two kindes there were of publick penitency ; the one belonging to notorious offenders , whose open wickedness had been scandalous ; the other appertaining to the whole church , and unto every several person whom the same containeth . it will be answered . that touching this latter kinde , it may be exercised well enough by men in private . no doubt , but penitency is as prayer , a thing acceptable unto god , be it in publick or in secret . howbeit , as in the one , if men were wholly left to their own voluntary meditations in their closets , and not drawn by laws and orders unto the open assemblies of the church , that there they may joyn with others in prayer ; it may be soon conjectured , what christian devotion that way would come unto in a short time : even so in the other , we are by sufficient experience taught , how little it booreth , to tell men of washing away their sins with tears of repentance , and so to leave them altogether unto themselves . o lord , what heaps of grievous transgressions have we committed , the best , the perfectest , the most righteous amongst us all ; and yet clean pass them over unsorrowed fo● , and unrepented of , onely because the church hath forgotten utterly how to bestow her wonted times of discipline wherein the publick example of all was unto every particular person , a most effectual mean to put them often in minde , and even in a manner to draw them to that which now we all quite and clean forget , as if penitency were no part of a christian mans duty . again , besides our private offences which ought not thus loosly to be overslipt ; suppose we the body and corporation of the church so just , that at no time it needeth to shew it self openly cast down , in regard of those faults and transgressions ; which though they do not properly belong unto any one , had notwithstanding a special sacrifice appointed for them in the law of moses , and being common to the whole society which containeth all , must needs so far concern every man in particular , as at some time in solemn manner to require acknowledgment , with more then daily and ordinary testifications of grief . there could not hereunto a fitter preamble be devised , then that memorable commination set down in the book of common prayer , if our practice in the rest were suitable . the head already so well drawn , doth but wish a proportionable body , and by the preface to that very part of the english liturgy , it may appear , how at the first setting down thereof , no less was intended . for so we are to interpret the meaning of those words , wherein restitution of the primitive church discipline is greatly wished for , touching the manner of publick penance in time of lent. wherewith some being not much acquainted , but having framed in their mindes , the conceit of a new discipline , far unlike to that of old , they make themselves believe , it is undoubtedly this their discipline , which at the first was so much desired . they have long pretended , that the whole scripture is plain for them . if now the communion book make for them too ( i well think the one doth as much as the other ) it may be hoped , that being found such a well-willer unto their cause , they will more favor it then they have done . having therefore hitherto spoken , both of festival days , and so much of solemn fasts , as may reasonably serve to shew the ground thereof in the law of nature ; the practice partly appointed , and partly allowed of god in the jewish church , the like continued in the church of christ ; together with the sinister oppositions , either of hereticks erroneously abusing the same , or of others thereat quarrelling without cause , we will onely collect the chiefest points as well of resemblance , as of difference between them , and so end . first , in this they agree , that because nature is the general root of both ; therefore both have been always common to the church with infidels and heathen men . secondly , they also herein accord , that as oft as joy is the cause of the one , and grief the well-spring of the other , they are incompatible . a third degree of affinity between them , is , that neither being acceptable to god of it self , but both tokens of that which is acceptable , their approbation with him , must necessarily depend on that which they ought to import and signifie : so that if herein the minde dispose no it self aright , whether we a rest or b fast we offend . a fourth thing common unto them , is , that the greatest part of the world hath always grosly and palpably offended in both ; infidels , because they did all in relation to false gods ; godless , sensual , and careless mindes , for that there is in them no constant , true , and sincere affection towards those things which are pretended by such exercise ; yea , certain flattering over-sights there are , wherewith sundry , and they not of the worst sort , may be easily in these cases led awry , even through abundance of love and liking to that which must be imbraced by all means , but with caution , in as much as the very admiration of saints , whether we celebrate their glory , or follow them in humility ; whether we laugh or weep , mourn or rejoyce with them , is , ( as in all things , the affection of love ) apt to deceive ; and doth therefore need the more to be directed by a watchful guide , seeing there is manifestly both ways , even in them whom we honor , that which we are to observe and shun . the best have not still been sufficiently mindful , that gods very angels in heaven , are but angels ; and that bodily exercise , considered c in it self , is no great matter . finally , seeing that both are ordinances were devised for the good of man , and yet not man created purposely for them , as for d other offices of vertue , whereunto gods immutable law for ever tieth ; it is but equity to wish or admonish that , where , by uniform order , they are not as yet received , the example of e victors extremity in the one , and of f iohns disciples curiosity in the other , be not followed ; yea , where they are appointed by law , that notwithstanding we avoid judaism : and , as in festival days , mens necessities for matter of labour , so in times of fasting , regard be had to their imbecillities , lest they should suffer harm , doing good . thus therefore we see how these two customes are in divers respects equal . but of fasting the use and exercise , though less pleasant , is by so much more requisite than the other , as grief of necessity is a more familiar guest then the contrary passion of mind , albeit gladness to all men be naturally more welcome . for first , we our selves do many ●o things amiss than well , and the fruit of our own ill doing is remorse , because nature is conscious to it self that it should do the contrary . again , forasmuch as the world over-aboundeth with malice , and few are delighted in doing good unto other men ; there is no man so seldom crost as pleasured at the hands of others ; whereupon it cannot be chosen , but every mans woes must double in that respect the number and measure of his delights . besides , concerning the very choice which oftentimes we are to make , our corrupt inclination well considered , there is cause why our saviour should account them the happiest that do most mourn , and why solomon might judge it better to frequent mourning then feasting-houses ; not better simply and in it self ( for then would nature that way incline ) but in regard of us and our common weakness better . iob was not ignorant that his childrens banquets , though te●dīg to amity , needed sacrifice . neither doth any of us all need to be taught that in things which delight , we easily swerve from mediocrity , and are not easily led by a right direct line . on the other side , the sores and diseases of mind which inordinante pleasure breedeth , are by dolour and grief cured . for which cause as all offences use to seduce by pleasing , so all punishments endeavour by vexing to reform transgressions . we are of our own accord apt enough to give entertainment to things delectable , but patiently to lack what flesh and blood doth desire , and by vertue to forbear , what by nature we covet ; this no man attaineth unto , but with labour and long practice . from hence it riseth that , in former ages , abstinence and fasting more then ordinary was always a special branch of their praise , in whom it could be observed and known , were they such as continually gave themselves to austere life , of men that took often occasions in private vertuous respects to lay solomons counsel aside , eat thy bread with joy , and to be followers of davids example , which saith , i humbled my soul with fasting ; or but they who otherwise worthy of no great commendation , have made of hunger , some their gain , some their physick , some their art , that by mastering sensual appetites without constraint , they might grow able to endure hardness whensoever need should require : for the body accustomed to emptiness pineth not away so soon as having still used to fill it self . many singular effects there are which should make fasting even in publick considerations the rather to be accepted . for i presume we are not altogether without experience how great their advantage is in martial enterprizes , that lead armies of men trained in a school of abstinence . it is therefore noted at this day in some , that patience of hunger and thirst hath given them many victories ; in others , that because if they want , there is no man able to rule them , not they in plenty to moderate themselves ; he which can either bring them to hunger or overcharge them , is sure to make them their own overthrow . what nation soever doth feel these dangerous inconveniences , may know that sloth and fulness in peaceable times at home is the cause thereof , and the remedy a strict observation of that part of christian discipline , which teacheth men in practice of ghostly warfare against themselves , those things that afterwards may help them , justly assaulting or standing in lawful defence of themselves against others . the very purpose of the church of god , both in the number and in the order of her fasts , hath been not only to preserve thereby throughout all ages , the remembrance of miseries heretofore sustained , and of the causes in our selves out of which they have risen , that men considering the one , might fear the other the more , but farther also to temper the mind , lest contrary affections coming in place should make it too profuse and dissolute , in which respect it seemeth that fasts have been set as ushers of festival days , for prevention of those disorders , as much as might be ; wherein , notwithstanding , the world always will deserve , d as it hath done , blame ; because such evils being not possible to be rooted out , the most we can do , is in keeping them low ; and ( which is chiefly the fruit we look for ) to create in the minds of men a love towards a frugal and severe life , to undermine the palaces of wantonness , to plant parsimony as nature , where riotousness hath been studied ; to harden whom pleasure would melt ; and to help the tumours which always fulness breedeth , that children , as it were in the wool of their infancy dyed with hardness , may never afterwards change colour ; that the poor whose perpetual fasts are of necessity , may with better contentment endure the hunger which vertue causeth others so often to chuse , and by advice of religion it self so far to esteem above the contrary , that they which for the most part do lead sensual and easie lives ; they which , as the prophet david describeth them , are not plagued like other men , may by the publick spectacle of all be still put in mind what themselves are ; finally , that every man may be every mans daily guide and example , as well by fasting to declare humility , as by praise to express joy in the sight of god , although it have herein befallen the church , as sometimes david ; so that the speech of the one may be truly the voice of the other , my soul fasted , and even that was also turned to my reproof . . in this world there can be no society durable , otherwise then only by propagation . albeit therefore single life be a thing more angelical and divine , yet sith the replenishing first of earth with blessed inhabitants , and then of heaven with saints everlastingly praising god , did depend upon conjunction of man and woman , he which made all things compleat and perfect , saw it could not be good to leave men without any helper , unto the sore-alledged end : in things which some farther and doth cause to be desired , choice seeketh rather proportion , then absolute perfection of goodness . so that woman being created for mans sake to be his helper , in regard of the end before mentioned ; namely , the having and bringing up of children , whereunto it was not possible they could concur , unless there were subalternation between them , which subalternation is naturally grounded upon inequality , because things equall in every respect are never willingly directed one by another . woman therefore was even in her first estate framed by nature , not only after in time , but inferiour in excellency also unto man , howbeit in so due and sweet proportion , as being presented before our eyes , might be sooner perceived then defined . and even herein doth lie the reason why that kind of love which is the perfectest ground of wedlock is seldome able to yield any reason of it self . now , that which is born of man must be nourished with far more travel , as being of greater price in nature , and of slower pace to perfection , then the off-spring of any other creature besides . man and woman being therefore to joyn themselves for such a purpose , they were of necessity to be linked with some straight and insoluble knot . the bond of wedlock hath been always more or less esteemed of , as a thing religious and sacred . the title which the very heathens themselves do thereunto oftentimes give , a is , holy. those rites and orders which were instituted in the solemnization of marriage , the hebrews term by the name of conjugal b sanctification . amongst our selves , because sundry things appertaining unto the publick order of matrimony , are called in question by such as know not from whence those customs did first grow , to shew briefly some true and sufficient reason of them shall not be superfluous ; although we do not hereby intend , to yield so far unto enemies of all church-orders saving their own , as though every thing were unlawful , the true cause and reason whereof at the first might hardly perhaps be now rendred . wherefore , to begin with the times wherein the liberty of marriage is restrained ; there is , saith solomon , a time for all things ; a time to laugh , and a time to mourn . that duties belonging unto marriage , and offices appertaining to pennance , are things unsuitable and unfit to be matched together , the prophets and apostles themselves do witness . upon which ground , as we might right well think it marvellous absurd to see in a church a wedding on the day of a publick fast , so likewise in the self-same consideration , our predecessors thought it not amiss to take away the common liberty of marriages , during the time which was appointed for preparation unto , and for exercise of general humiliation by fasting and praying , weeping for sins . as for the delivering up of the woman either by her father , or by some other , we must note that in ancient times , a all women which had not husbands nor fathers to govern them , had their tutors , b without whose authority there was no act which they did , warrantable : and for this cause , they were in marriage , delivered unto their husbands by others . which custome retained , hath still this use , that it putteth women in mind of a duty , whereunto the very imbecillity of their nature and sex doth bind them ; namely , to be always directed , guided , and ordered by others , although our positive laws do not tie them now as pupils . the custome of laying down money seemeth to have been derived from the saxons , whose manner was to buy their wives . but , seeing there is not any great cause wherefore the memory of that custome should remain , it skilleth not much , although we suffer it to lie dead , even as we see it in a manner already worn out . the ring hath been always used as an especial pledge of faith and fidelity : nothing more fit to serve as a token of our purposed endless continuance in that which we never ought to revoke . this is the cause wherefore the heathens themselves did in such cases use the ring , whereunto tertullian alluding , saith ; that in ancient times , c no woman was permitted to wear gold , saving only upon one finger , which her husband had fastened unto himself , with that ring which was usually given for assurance of future marriage . the cause why the christians use it , as some of the fathers think , is d either to testifie mutual love , or rather to serve for a pledge of conjunction in heart and mind agreed upon between them . but what right and custome is there so harmless , wherein the wit of man bending it self to derision may not easily find out somewhat to scorn and jest at ? he that should have beheld the jews when they stood with e a four-cornered garment , spread over the heads of espoused couples , while their espousals were in making : he that should have beheld their f praying over a cup , and their delivering the same at the marriage-feast , with set forms of benediction , as the order amongst them was , might being lewdly affected , take thereat as just occasion of scornful cavil , as at the use of the ring in wedlock amongst christians . but of all things the most hardly taken , is the uttering of these words , with my body i thee worship ; in which words when once they are understood , there will appear as little cause as in the rest , for any wise man to be offended . first , therefore , inasmuch as unlawful copulation doth pollute and g dishonour both parties , this protestation that we do worship and honour another with our bodies , may import a denial of all such lets and impediments to our knowledge , as might cause any stain , blemish , or disgrace that way ; which kind of construction being probable , would easily approve that speech to a peaceable and quiet mind . secondly , in that the apostle doth so expresly affirm , that parties unmarried have not any longer entire power over themselves , but each hath interest in others person , it cannot be thought an absurd construction to say , that worshipping with the body , is the imparting of that interest in the body unto another , h which none before had , save only our selves . but if this were the natural meaning , the words should perhaps be as requisite to be used on the one side as on the other ; and therefore a third sense there is , which i rather rely upon . apparent it is , that the ancient difference between a lawful wife and a concubine was only in the different purpose of man betaking himself to the one or the other . if his purpose were only fellowship , there grew to the woman by this means no worship at all , but the contrary . in professing that his intent was to add by his person honour and worship unto hers , he took her plainly and cleerly to wife . this is it which the civil law doth mean , when it maketh a wife to differ from a concubine in i dignity ; a wife to be taken where j conjugal honour and affection do go before . the worship that grew unto her being taken with declaration of this intent , was , that her children became by this mean legitimate and free ; her self was made a mother over his family : last of all , she received such advancement of state , as things annexed unto his person might augment her with ; yea , a right of participation was thereby given her both in him , and even in all things which were his . this doth somewhat the more-plainly appear , by adding also that other clause , with all my worldy goods i thee endow . * the former branch having granted the principal , the latter granteth that which is annexed thereunto . to end the publick solemnity of marriage , with receiving the blessed sacrament , is a custom so religious , and so holy ; that , if the church of england be blameable in this respect , it is not for suffering it to be so much , but rather for not providing that it may be more put in me. the laws of romulus concerning marriage , are therefore extolled above the rest amongst the heathens which were before , in that they established the use of certain special solemnities , whereby the mindes of men were drawn to make the greater conscience of wedlock , and to esteem the bond thereof , a thing which could not be without impiety dissolved . if there be any thing in christian religion , strong and effectual to like purpose , it is the sacrament of the holy eucharist ; in regard of the force whereof , tertullian breaketh out into these words , concerning matrimony therewith sealed , unde sufficiam ad enarrandam faelicitatem ejus matrimonii quod ecclesia conciliat & confirmat oblatio ? i know not which way i should be able to shew the happiness of that wedlock , the knot whereof the church doth fasten , and the sacrament of the church confirm . touching marriage therefore , let thus much be sufficient . . the fruit of marriage , is birth ; and the companion of birth , travail ; the grief whereof being so extream , and the danger always so great : dare we open our mouths against the things that are holy , and presume to censure it , as a fault in the church of christ , that women after their deliverance , do publickly shew their thankful mindes unto god ? but behold , what reason there is against it ! fors●●th , if there should be solemn and express giving of thanks in the church for every benefit , either equal , or greater then this , which any singular person in the church doth receive ? we should not onely have no preaching of the word , nor ministring of the sacraments ; but we should not have so much leisure as to do any corporal or bodily work , but should be like those massilian hereticks which do nothing else but pray . surely , better a great deal to be like unto those hereticks which do nothing else but pray , then those which do nothing else but quarrel . their heads it might happily trouble somewhat more then as yet they are aware of , to finde out so many benefits greater then this , or equivalent thereunto ; for which , if so be our laws did require solemn and express thanksgivings in the church , the same were like to prove a thing so greatly cumbersome as is pretended . but if there be such store of mercies , even inestimable , poured every day upon thousands ( as indeed the earth is full of the blessings of the lord , which are day by day renewed without number , and above measure ) shall it not be lawful to cause solemn thanks to be given unto god for any benefit , then which greater , or whereunto equal are received , no law binding men in regard thereof to perform the like duty ? suppose that some bond there be , that tieth us at certain times to mention publickly the names of sundry our benefactors . some of them , it may be , are such , that a day would scarcely serve to reckon up together with them the catalogue of so many men besides , as we are either more , or equally beholden unto . because no law requireth this impossible labor at our hands , shall we therefore condemn that law , whereby the other being possible , and also dutiful , is enjoyned us ? so much we ow to the lord of heaven , that we can never sufficiently praise him , nor give him thanks for half those benefits , for which this sacrifice were most due . howbeit , god forbid , we should cease performing this duty , when publick order doth draw us unto it , when it may be so easily done , when it hath been so long executed by devout and vertuous people . god forbid , that being so many ways provoked in this case unto so good a duty , we should omit it , onely because there are other cases of like nature , wherein we cannot so conveniently , or at leastwise do not perform the same most vertuous office of piety . wherein we trust , that as the action it self pleaseth god , so the order and manner thereof , is not such as may justly offend any . it is but an over-flowing of gall , which causeth the womans absence from the church , during the time of her lying in , to be traduced and interpreted , as though she were so long judged unholy , and were thereby shut out , or sequestred from the house of god , according to the ancient levitical law. whereas the very canon law it self doth not so hold , but directly professeth the contrary a ; she is not barred from thence in such sort as they interpret it , nor in respect of any unholiness forbidden entrance into the church , although her abstaining from publick assembles , and her abode in separation for the time be most convenient b . to scoff at the manner of attire , then which , there could be nothing devised for such a time , more grave and decent , to make it a token of some folly committed ; for which , they are loth to shew their faces , argueth , that great divines are sometime more merry then wise . as for the women themselves , god accepting the service which they faithfully offer unto him , it is no great disgrace , though they suffer pleasant witted men , a little to intermingle with zeal , scorn . the name of oblations , applied not onely here to those small and petit payments which yet are a part of the ministers right , but also generally given unto all such allowances as serve for their needful maintenance , is both ancient and convenient . for as the life of the clergy is spent in the service of god , so it is sustained with his revenue . nothing therefore more proper then to give the name of oblations to such payments , in token that we offer unto him whatsoever his ministers receive . . but to leave this , there is a duty which the church doth ow to the faithful departed , wherein for as much as the church of england is said to do those things which are , though not unlawful , yet inconvenient ; because it appointeth a prescript form of service at burials , suffereth mourning apparel to be worn , and permitteth funeral sermons ; a word or two concerning this point will be necessary , although it be needless to dwell long upon it . the end of funeral duties is , first , to shew that love towards the party deceased , which nature requireth ; then to do him that honor which is fit both generally for man , and particularly for the quality of his person : last of all , to testifie the care which the church hath to comfort the living , and the hope which we all have concerning the resurrection of the dead . for signification of love towards them that are departed , mourning is not denied to be a thing convenient ; as in truth , the scripture every where doth approve lamentation made unto this end . the jews by our saviours tears therefore , gathered in this case , that his love towards lazatus was great . and that as mourning at such times is fit , so likewise , that there may be a kinde of attire suitable to a sorrowful affection , and convenient for mourners to wear ; how plainly doth davids example shew , who being in heaviness , went up to the mount with his head covered , and all the people that were with him in like sort ? white garments being fit to use at marriage feasts , and such other times of joy ; whereunto solomon alluding , when he requireth continual chearfulness of minde , speaketh in this sort , let thy garments be always white ? what doth hinder the contrary from being now as convenient in grief , as this heretofore in gladness hath been ? if there be no sorrow , they say , it is hypocritical to pretend it ; and if there be , to provoke it by wearing such attire , is dangerous . nay , if there be , to shew it is natural ; and if there be not , yet the signs are meet to shew what should be , especially , sith it doth not come oftentimes to pass , that men are fain to have their mourning gowns pulled off their backs , for fear of killing themselves with sorrow that way nourished . the honor generally due unto all men , maketh a decent interring of them to be convenient , even for very humanities sake . and therefore , so much as is mentioned in the burial of the widows son , the carrying of him forth upon a bier , and the accompanying of him to the earth , hath been used even amongst infidels ; all men accounting it a very extream destitution , not to have at the least this honor done them . some mans estate may require a great deal more , according as the fashion of the country where he dieth , doth afford . and unto this appertained the ancient use of the jews , to embalm the corps with sweet odors , and to adorn the sepulchres of certain . in regard of the quality of men , it hath been judged fit to commend them unto the world at their death , amongst the heathen in funeral orations , amongst the jews in sacred poems ; and why not in funeral sermons also amongst christians ? ●s it sufficeth , that the known benefit hereof doth countervail millions of such inconveniences as are therein surmised , although they were not surmised onely , but found therein . the life and the death of saints is precious in gods sight . let it not seem odious in our eyes , if both the one and the other he spoken of , then especially , when the present occasion doth make mens mindes the more capable of such speech . the care , no doubt , of the living , both to live and to die well must needs be somewhat increased , when they know that their departure shall not be folded up in silence , but the ears of many be made acquainted with it . moreover , when they hear how mercifully god hath dealt with their brethren in their last need , besides the praise which they give to god , and the joy which they have of should have by reason of their fellowship and communion with saints ; is not their hope also much confirmed against the day of their own dissolution ? again , the sound of these things doth not so pass the ears of them that are most loose and dissolute in life , but it causeth them one time or other to wish , o that i might die the death of the righteous , and that my end might be like this ! thus much peculiar good there doth grow at those times by speech concerning the dead , besides the benefit of publick instruction common unto funeral with other sermons . for the comfort of them whose mindes are through natural affection pensive in such cases , no man can justly mislike the custom which the jews had to end their burials with funeral banquets , in reference whereunto the prophet ieremy spake , concerning the people whom god had appointed unto a grievous manner of destruction , saying , that men should not give them the cup of consolation to drink for their father , or for their mother , because it should not be now with them , as in peaceable times with others , who bringing their ancestors unto the grave with weeping eyes , have notwithstanding means wherewith to be re-comforted . give wine , saith solomon , unto them that have grief of heart . surely , he that ministreth unto them comfortable speech , doth much more then give them wine . but the greatest thing of all other about this duty of christian burial , is an outward testification of the hope which we have touching the resurrection of the dead . for which purpose , let any man of reasonable judgment examine , whether it be more convenient for a company of men , as it were , in a dumb show , to bring a corse to the place of burial , there to leave it covered with earth , and so end , or else to have the exequies devoutly performed with solemn recital of such lectures , psalms , and prayers , as are purposely framed for the stirring up of mens mindes unto a careful consideration of their estate , both here and hereafter . whereas therefore it is objected , that neither the people of god under the law , nor the church in the apostles times , did use any form of service in burial of their dead ; and therefore , that this order is taken up without any good example or precedent followed therein : first , while the world doth stand , they shall never be able to prove , that all things which either the one or the other did use at burials , are set down in holy scripture , which doth not any where of purpose deliver the whole manner and form thereof , but toucheth onely sometime one thing , and sometime another which was in use , as special occasions require any of them to be either mentioned or insinuated . again , if it might be proved , that no such thing was usual amongst them , hath christ so deprived his church of judgment , that what rites and orders soever the latter ages thereof , have devised , the same must needs be inconvenient ? furthermore , that the jews before our saviours coming had any such form of service , although in scripture it be not affirmed ; yet neither is it there denied ( for , the ●orbidding of priests to be present at burials , letteth not but that others might discharge that duty , seeing all were not priests which had rooms of publick function in their synagogues ) and if any man be of opinion , that they had no such form of service ; thus much there is to make the contrary more probable . the jews at this day have , as appeareth is their form of funeral prayers , and in certain of their funeral sermons published ; neither are they so affected towards christians , as to borrow that order from us ; besides that , the form thereof is such as both in it sundry things , which the very words of the scripture it self doth seem to allude unto , us namely , after departure from the sepulchre unto the house whence the dead was brought , it sheweth the manner of their burial-feast , and a consolatory form of prayer , appointed for the master of the synagogue thereat to utter ; albeit i may not deny , but it hath also some things which are not perhaps so antsient as the law and the prophets . but whatsoever the jewes custom was before the dayes of our saviour christ , hath it once at any time been heard of , the either church or christian man of sound belief did ever judge this a thing unmeet , undecent , unfit for christianity , till these miserable daies , wherein , under the colour of removing superstitious abuses , the most effectual means , both to testifie and to strengthen true religion , are plucked at , and in some places even pulled up by the very roots● take away this which was ordained to shew at burials the peculiar hope of the church of god concerning the dead ; and in the manner of those dumb funerals , what one one thing is there whereby the world may perceive we are christian men ? . i come now unto that function which undertaketh the publick ministry of holy things , according to the laws of christian religion . and because the nature of things consisting , as this doth , in action , is known by the object whereabout they are conversant , and by the end or scope whereunto they are referred , we must know that the object of this function in both god and men ; god , in that he is publickly worshipped of his church ; and men , in that they are capable of happinesse , by means which christian discipline appointeth . so that the summe of our whole labour in this kinde , is to honour god , and to save men . for whether we severally take , and consider men one by one , or else gather them into one society and body , as it hath been before declared , that every man's religion is in him the well-spring of all other sound and sincere vertues , from whence both here in some sort , and hereafter more abundantly , their full joy and felicity ariseth ; because while they live , they are blessed of god , and when they dye , their works follow them : so at this present we must again call to minde how the very worldly peace and prosperity , the secular happinesse , the temporal and natural good estate both of all men , and of all dominions , hangeth chiefly upon religion , and doth evermore give plain testimony , that as well in this as in other considerations the priest is a pillar of that common-wealth , wherein he faithfully serveth god. for if these assertions be true , first , that nothing can be enjoyed in this present world against his will which hath made all things : secondly , that albeit god doth sometime permit the impious to have , yet impiety permitteth them not to enjoy , no not temporal blessings on earth : thirdly , that god hath appointed those blessings to attend as hand-maids upon religion : and fourthly , that without the work of the ministry , religion by no means can possibly continue , the use and benefit of that sacred function , even towards all mens worldly happiness , must needs be granted . now the a first being a theoreme both understood and confest by all , to labour in proof thereof were superfluous . the second perhaps may be called in question , except it be perfectly understood . by good things temporal therefore we mean length of daies , health of body , store of friends and well-willers , quietness ; prosperous success of those things we take in hand ; riches with fit opportunities to use them during life , reputation following us both alive and dead , children , or such as instead of children , we wish to leave successors and partakers of our happinesse . these things are naturally every man's desire , because they are good . and on whom god bestoweth the same , them we confesse he graciously blesseth ; of earthly blessings the meanest is wealth , reputation the chiefest . for which cause we esteem the gain of honour an ample recompence for the losse of all other worldly benefits . but for as much as in all this there is no certain perpetuity of goodnesse , nature hath taught to affect these things , not for their own sake , but with reference and relation to somewhat independently good , as is the exercise of vertue and speculation of truth . none , whose desires are rightly ordered , would wish to live , to breathe , and move , without performance of those actions which are beseeming man's excellency● wherefore having not how to employ it , we wax weary even of life it self . health is precious , because sickness doth breed that pain which disableth action . again , why do men delight so much in the multitude of friends ; but for that the actions of life , being many , do need many helping hands to further them ? between troublesome and quiet dayes we should make no difference , if the one did not hinder and interrupt , the other uphold our liberty of action . furthermore , if those things we do , succeed , it rejoyceth us not so much for the benefit we thereby reap , as in that it probably argueth our actions to have been orderly and well-guided . as for riches , to him which hath and doth nothing with them , they are a contumely . honour is commonly presumed a sign of more than ordinary vertue and merit , by means whereof when ambitious mindes thirst after it , their endeavours are testimonies how much it is in the eye of nature to possesse that body , the very shadow whereof is set at so high a rate . finally , such is the pleasure and comfort which we take in doing , that when life forsaketh us , still our desires to continue action , and to work ; though not by our selves , yet by them whom we leave behinde us , causeth us providently to resign into other mens hands , the helps we have gathered for that purpose , devising also the best we can to make them perpetual . it appeareth therefore , how all the parts of temporal felicity are only good in relation to that which riseth them as instruments , and that they are no such good as wherein a right desire doth ever stay or rest it self . now temporal blessings are enjoyed of those which have them , know them , esteem them according to that they are in their own nature . wherefore of the wicked whom god doth hate , his usual and ordinary speeches are ; that blood-thirsty and deceitful men shall not live out half their dayes ; that god shall cause a pestilence to cleave unto the wicked , and shall strike them with consuming grief , with feavers , burning diseases , and sores which are past cure ; that when the impious are fallen ; all men should tread them down , and none shew countenance of love towards them , as much as by pitying them in their misery ; that the sinnes of the ungodly shall be●eave them of peace ; that all counsels , complots , and practices against god shall come to nothing ; that the lot and inheritance of the unjust is beggery ; that the name of unrighteous persons shall purifie , and the posterity of robbers starve . if any think that iniquity and peace , sinne and prosperity can dwell together , they erre ; because they distinguish not aright between the matter , and that which giveth it the form of happinesse , between possession and fruition , between the having and the enjoying of good things . the impious cannot enjoy that they have , partly because they receive it not as at god's hands , which onely consideration maketh temporal blessings comfortable ; and partly because through errour , placing it above things of farr more price and worth , they turn that to poyson which might be food , they make their prosperitie their own snare ; in the nest of their highest growth they lay foolishly those egges , out of which their woful over-throw is afterwards hatcht . hereby it commeth to passe , that wise and judicious men observing the vain behaviour of such as are risen to unwonted greatnesse , have thereby been able to prognosticate their ruine . so that in very truth no impious or wicked man doth prosper on earth , but either sooner or later the world may perceive easily , how at such time as others thought them must fortunate , they had but only the good estate which fat oxen have above lean ; when they appeared to grow , their climbing was towards ruine . the gross and bestial conceit of them which want understanding , is onely , that the fullest bellies are happiest . therefore the greatest felicitie they wish to the common-wealth wherein they live , is that it may but abound and stand , that they which are riotous may have to pour out without stine ; that the poor may ●leep , and the rich feed them ; that nothing unpleasant may be commanded , nothing forbidden men which themselves have a lust to follow ; that kings may provide for the ease of their subjects , and not be too curious about their manners ; that wantonnesse , excesse , and lewdness of life may be left free ; and that no fault may be capital , besides dislike of things settled in so good terms . but be it farr from the just to dwell either in or near to the tents of these so miserable felicities . now whereas we thirdly affirm , that religion and the fear of god , as well induceth secular prosperitie as everlasting blisse in the world to come , this also is true . for otherwise godliness could not be said to have the promises of both lives ; to be that ample revenue , wherein there is always sufficiency ; and to carry with it a general discharge of want , even so general , that david himself should protest , he never saw the just forsaken . howbeit to this we must adde certain special limitations ; as first , that we do not forget how crazed and diseased mindes ( whereof our heavenly physician must judge ) receive oftentimes most benefit by being deprived of those things which are to others beneficially given , as appeareth in that which the wise-man hath noted concerning them whose lives god mercifully doth abridge , lest wickedness should alter their understanding ; again , that the measure of our outward prosperity be taken by proportion with that which every man's estate in this present life requireth . external abilities are instruments of action . it contenteth wise artificers to have their instruments proportionable to their work , rather fit for use , than huge and goodly to please the eye : seeing then the actions of a servant do not need that which may be necessary for men of calling and place in the world , neither men of inferiour condition many things which greater personages can hardly want , surely they are blessed in worldly respects , that have wherewith to perform , a sufficiently what their station and place asketh , though they have no more . for by reason of man's imbecility and proneness to elation of minde , b too high a flow of prosperity is dangerous , too low an ebbe again as dangerous ; for that the vertue of patience is rare , and the hand of necessity stronger , than ordinary vertue is able to withstand ; solomon's discreet and moderate desire we all know : give me , o lord , neither riches nor penury . men over-high exalted either in honor , or in power , or in nobility , or in wealth ; they likewise that are as much on the contrary hand sunk either with beggery , or through dejection , or by baseness , do not easily give ea● to reason ; but the one exceeding apt unto outrages , and the other unto petty mischiefs . for greatness delighteth to shew it self by effects of power , and baseness to help it self with shifts of malice . for which cause , a moderate , indifferent temper , between fulness of bread , and emptiness hath been evermore thought and found ( all circumstances duly considered ) the safest and happiest for all estates , even for kings and princes themselves . again , we are not to look , that these things should always concur , no not in them which are accounted happy , neither that the course of men's lives , or of publick affairs should continually be drawn out as an even thred ( for that the nature of things will not suffer ) but a just survey being made , as those particular men are worthily reputed good , whose vertues be great , and their faults tolerable ; so him we may register for a man fortunate , and that for a prosperous and happy state , which having flourished , doth not afterwards feel any tragical alteration , such as might cause them to be a spectacle of misery to others . besides , whereas true felicity consisteth in the highest operations of that nobler part or man , which sheweth sometime greatest perfection , not in using the benefits which delight nature , but in suffering what nature can hardless indure , there is no cause why either the loss of good , if it tend to the purchase of better , or why any misery , the issue whereof is their greater praise and honor that have sustained it , should be thought to impeach that temporal happiness , wherewith religion , we say , is accompanied , but yet in such measure , as the several degrees of men may require by a competent estimation , and unless the contrary do more advance , as it hath done those most heroical saints , whom afflictions have made glorious . in a word , not to whom no calamity falleth , but whom neither misery nor prosperity is able to move from a right minde , them we may truly pronounce fortunate , and whatsoever doth outwardly happen without that precedent improbity , for which it appeareth in the eyes of sound and unpartial judges to have proceeded from divine revenge , it passeth in the number of humane casualties whereunto we are all alike subject . no misery is reckoned more than common or humane , if god so dispose that we pass thorow it , and come safe so shore , even as contrariwise , men do not use to think those flourishing days happy , which do end with tears . it standeth therefore with these cautions firm and true , yea , ratified by all mens unfeigned confessions drawn from the very heart of experience , that whether we compare men of note in the world with others of like degree and state , or else the same men with themselves , whether we conferr one dominion with another , or else the different times of one and the same dominion , the manifest odds between their very outward condition , as long as they stedfastly were observed to honour god , and their success being faln from him , are remonstrances more than sufficient , how all our welfare even on earth dependeth wholly upon our religion . heathens were ignorant of true religion . yet such as that little was which they knew , it much impaired , or bettered alwaies their worldy affairs , as their love and zeal towards it did wain or grow . of the jews , did not even their most malicious and mortal adversaries all acknowledge , that to strive against them it was in vain , as long as their amity with god continued , that nothing could weaken them but apostasie ? in the whole course of their own proceedings , did they ever finde it otherwise , but that , during their faith and fidelity towards god , every man of them was in war as a thousand strong ; and as much as a grand senate for counsel in peaceable deliberations ; contrariwise , that if they swarved , as they often did , their wonted courage and magnanimity forsook them utterly , their soldiers and military men trembled at the sight of the naked sword ; when they entered into mutual conference , and sate in counsel for their own good , that which children might have seen , their gravest senators could not discern ; their prophets saw darkness instead of visions ; the wise and prudent were as men bewitcht , even that which they knew ( being such ) as might stand them in stead ) they had not the grace to utter , or if any thing were well proposed , it took no place , it entered not into the minds of the rest to approve and follow it , but as men confounded with strange and unusual ama●●ments of spirit , they attempted tumultuously they saw not what ; and , by the issues of all attempts , they found no certain conclusion but this , god and heaven are strong against as in all we do . the cause whereof was secret fear , which took heart and courage from them , and the cause of their fear , an inward guiltiness that they all had offered god such apparent wrongs as were not pardonable . but it may be , the case is now altogether changed , and that in christian religion there is not the like force towards temporal felicity . search the ancient records of time , look what hath happened by the space of these sixteen hundred years , see if all things to this effect be not inculent and clear ; yea , all things so manifest , that for evidence and proof herein ; we need not by uncertain dark conjectures surmise any to have been plagued of god for contempt , or blest in the course of faithful obedience towards true religion , more than onely them , whom we finde in that respect on the one side , guilty by their own confessions , and happy on the other side by all mens acknowledgement , who beholding that prosperous estate of such as are good and vertuous , impute boldly the same to god's most especial favour , but cannot in like manner pronounce , that whom he afflicteth above others , with them he hath cause to be more offended . for vertue is always plain to be seen , rareness causeth it to be observed , and goodness to be honoured with admiration . as for iniquity and sin , it lyeth , many times hid , and because we be all offenders , it becometh us not to incline towards hard and severe sentences touching others , unless their notorious wickedness did sensibly before proclaim that which afterwards came to pass . wherefore the sum of every christian man's duty is , to labour by all means towards that which other men seeing in us may justifie ; and what we our selves must accuse , if we fall into it , that by all means we can to avoid , considering especially , that as hitherto upon the church there never yet fell tempestuous storm , the vapours whereof were not first noted to rise from coldness in affection , and from backwardness is duties of service towards god , so if that which the tears of antiquity have untered concerning this point should be here set down , it were assuredly enough to soften and to mollifie an heart of steel . on the contrary part , although we confesse with saint augustine most willingly , that the chiefest happiness for which we have some christian kings in so great admiration above the rest , is not because of their long reign ; their calm and quiet departure out of this present life ; the settled establishment of their own flesh and blood , succeeding them in royalty and power ; the glorious overthrow of foreign enemies , or the wise prevention of inward danger , and so secret attempts at home ; all which solaces and comforts of this our unquiet life , it pleaseth god oftentimes to bestow on them which have no society or part in the joys of heaven , giving thereby to understand , that these in comparison are toys and trifles , farr under the value and price of that which is to be looked for at his hands : but in truth the reason wherefore we most extol their felicity , is , if so be they have virtuously reigned , if honour have not filled their hearts with pride , if the exercise of their power have been service and attendance upon the majestie of the most high , if they have feared him as their own inferiours and subjects have feared them , if they have loved neither pomp nor pleasure more than heaven , if revenge have slowly proceeded from then , and mercy willingly offered it self , if so they have tempered rigour with lenity , that neither extream severitie might utterly cutt them off in whom there was manifest hope of amendment , nor yet the easinesse of pardoning offences imbolden offenders ; if , knowing that whatsoever they do their potency may bear it out , they have been so much the more carefull are to do any thing but that which is commendable in the best , rather than usual with greatest personages ; if the true knowledge of themselves have humbled them in god's sight , no lesse than god in the eyes of men hath raised them up ; i say , albeit we reckon such to be the happiest of them that are mightiest in the world , and albeit those things alone are happiness , nevertheless , considering what force there is even in outward blessings , to comfort the mindes of the best disposed , and to give them the greater joy , when religion and peace , heavenly and earthly happiness are wreathed in one crown , as to the worthiest of christian princes it hath by the providence of the almighty hitherto befallen : let it not seem unto any man a needlesse and superfluous waste of labour ; that there hath been thus much spoken , to declare how in them especially it hath been so observed , and withal universally noted even from the highest to the very meanest , how this peculiar benefit , this singular grace and preheminence religion hath , that either it guardeth as an heavenly shield from all calamities , or else conducteth us safe through them , and permitteth them not to be mise●… it either giveth honours , promotions , and wealth , or else more benefit by wanting them than if we had them at will , it either filleth our houses with plenty of all good things ; or maketh a sallad of green herbs more sweet than all the sacrifices of the ungodly . our fourth proposition before set down was , that religion without the help of spiritual ministery is unable to plant it self , the fruits thereof not possible to grow of their own accord . which last assertion is herein as the first , that it needeth no farther confirmation : if it did , i could easily declare , how all things which are of god , he hath by wonderful art and wisdom sodered , as it were , together with the glue of mutual assistance , appointing the lowest to receive from the neerest to themselves , what the influence of the highest yieldeth . and therefore the church being the most absolute of all his works , was in reason to be also ordered with like harmony , that what he worketh , might no less in grace than in nature be effected by hands and instruments duly subordinated unto the power of his own spirit . a thing both needful for the humiliation of man , which would not willingly be debtor to any , but to himself ; and of no small effect to nourish that divine love , which now maketh each embrace other , not as men , but as angels of god : ministerial actions tending immediately unto god's honour , and man's happinesse , are either as contemplation , which helpeth forward the principal work of the ministery , or else they are parts of that principal work of administration it self , which work consisteth in doing the service of god's house , and in applying unto men the soveraign medicines of grace already spoken of the more largely , to the end it might thereby appear , that we a owe to the guides of our souls even as much as our souls are worth , although the debt of our temporal blessings should be stricken off . . the ministery of things divine is a function , which as god did himself institute , so neither may men undertake the same but by authoritie and power given them in lawful manner . that god , which is no way deficient or wanting unto man in necessaries , and hath therefore given us the light of his heavenly truth , because without that inestimable benefit we must needs have wandered is darkness , to out endless perdition and woe , hath in the like abundance of mercies ordained certain to attend upon the due execution of requisite parts and offices therein prescribed for the good of the whole world , which men , thereunto assigned , do hold their authoritie from him , whether they be such as himself immediately , or as the church in his name investeth ; it being neither possible for all , not for every men without distinction convenient to take upon him a charge of so great importance . they are therefore ministers of god , not onely by way of subordination as princes and civil magistrates , whose execution of judgement and justice the supream hand of divine providence doth uphold , but ministiers of god , as from whom their anthority is derived , and not from men . for in that they are christ's ambassadours , and his labourers , who should give them their commission , but he whose most inward affairs they mannage ? is not god alone the father of spirits ? are not souls the purchase of jesus christ ? what angel in heaven could have said to man , as our lord did unto peter , feed my sheep ? preach ? baptize ? do this in remembrance of me ? whose sins ye retain , they are retained , and their offences in heaven pardoned , whose faults you shall in earth forgive ? what think we ? are these terrestrial sounds , or else are they voices uttered out of the clouds above ? the power of the ministry of god translateth out of darknesse into glory ; it rayseth men from the earth , and bringeth god himself from heaven ; by blessing visible elements it maketh them invisible grace ; it giveth daily the holy ghost , it hath to dispose of that flesh which was given for the life of the world , and that blood which was poured out to redeem souls ; when it poureth malediction upon the heads of the wicked , they perish ; when it revoketh the same , they revive . o wreched blindnesse , if we admire not so great power ; more wretched if we consider it aright ; and notwithstanding imagine that any but god can bestow it ! to whom christ hath imparted power , both over that mystical body which is the societie of souls , and over that natural , which is himself for the knitting of both in one , ( a work which antiquitie doth call the making of christ's body the same power is in such not amiss both termed a kinde of mark or character , and acknowledged to be indelible . ministerial power is a mark of separation , because it severeth them that have it from other men , and maketh them a special order consecrated unto the service of the most high , in things wherewith others may not meddle . their difference therefore from other men , is in that they are a distinct order . so tertullian calleth them . and saint paul himself dividing the body of the church of christ into two moyeties , nameth the one part 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is as much as to say , the order of the laity , the opposite part whereunto we in like sort term the order of god's clergy ; and the spiritual power which he hath given them , the power of their order , so farr forth as the same consisteth in the bare execution of holy things , called properly the affairs of god. for of the power of their jurisdiction over mens persons we are to speak in the books following . they which have once received this power , may not think to put it off and on , like a cloak , as the weather serveth , to take it , reject and resume it as oft as themselves list ; of which prophane and impious contempt these latter times have yielded , as of all other kindes of iniquity and apostasie , strange examples : but let them know which put their hands unto this plough , that once consecrated unto god , they are made his peculiar inheritance for ever . suspensions may stop , and degradations utterly cut off the use or exercise of power before given , but voluntarily it is not in the power of man to separate and pull asunder what god by his authority coupleth . so that although there may be through mis-desert degradation , as there may be cause of just separation after matrimony ; yet if ( as sometime it doth ) restitution to former dignity , or reconciliation after breach doth happen , neither doth the one nor the other ever iterate the first knot . much less is it necessary , which some have urged , concerning the re-ordination of such , as others in times more corrupt did consecrate heretofore . which errour already quell'd by saint ierome , doth not now require any other refutation . examples i grant there are which make for restraint of those men from admittance again into rooms of spiritual function , whose fall by heresie , or want of constancy in professing the christian faith , hath been once a disgrace to their calling . nevertheless , as there is no law which bindeth , so there is no cause that should alwaies lead to shew one and the same severity towards persons culpable . goodnesse of nature it self more inclineth to clemency than rigour . and we in other mens offences do behold the plain image of our own imbecillity . besides also them that wander out of the way , a it cannot be unexpedient to win with all hopes of favour , left strictness used towards such as reclaim themselves should make others more obstinate in errour . wherefore b after that the church of alexandria had somewhat recovered it self from the tempests and storms of artianism , being in consultation about the re-establishment of that which by long disturbance had been greatly decayed and hindered , the ferventer sort gave quick sentence , that touching them which were of the clergy , and had stained themselves with heresie , there should be none so received into the church again , as to continue in the order of the clergy . the rest which considered how many mens cases it did concern , thought it much more safe and consonant to bend somewhat down towards them which were fallen , to shew severity upon a few of the chiefest leaders , and to offer to the rest a friendly reconciliation , without any other demand , saving onely the abjuration of their errour ; as in the gospel that wastful young man which returned home to his father's house , was with joy both admitted and honored , his elder brother hardly thought of for repining thereat ; neither commended so much for his own fidelity and vertue , as blamed for not embracing him freely , whose unexpected recovery ought to have blotted out all remembrance of misdemeanors and faults past . but of this sufficient . a thing much stumbled at in the manner of giving orders , is our using those memorable words of our lord and saviour christ receive the holy ghost . the holy ghost , they say , we cannot give , and therefore we a foolishly bid men receive it . wise-men , for their authorities sake , must have leave to befool them whom they are able to make wise by better instruction . notwithstanding , if it may please their wisdom , as well to hear what fools can say , as to control that which they doe , thus we have heard some wise-men teach , namely , that the b holy ghost may be used to signifie not the person alone , but the gift of the holy ghost ; and we know that spiritual gifts are not onely abilities to do things miraculous , as to speak with tongues which were never taught us , to cure diseases without art , and such like ; but also that the very authority and power which is given men in the church to be ministers of holy things , this is contained within the number of those gifts whereof the holy ghost is author ; and therefore he which giveth this power , may say without absurdity or folly , receive the holy ghost , such power as the spirit of christ hath endued his church withal , such power as neither prince not potentate , king nor caesar on earth can give . so that if men alone had devised this form of speech , thereby to expresse the heavenly well-spring of that power which ecclesiastical ordinations do bestow , it is not so foolish but that wise-men might bear with it . if then our lord and saviour himself have used the self-samen form of words , and that in the self-same kinde of action , although there be but the least shew of probability , yea , or any possibility , that his meaning might be the same which ours is , it should teach sober and grave men not to be too venturous in condemning that of folly , which is not impossible to have in it more profoundness of wisdom than flesh and blood should presume to control . our saviour after his resurrection from the dead , gave his apostles their commission , saying , all power is given me in heaven and in earth : go therefore and teach all nations , baptizing them in the name of the father , and the son , and the holy ghosts , teaching them to observe all things whatsoever i have commanded you . in sum , as my father sent me , so send i you . whereunto saint iohn doth adde farther , that having thus spoken he breathed on them and said , receive the holy ghost . by which words he must of likelyhood understand some gift of the spirit which was presently at that time bestowed upon them , as both the speech of actual delivery in saying receive , and the visible sign thereof , his breathing did shew . absurd it were to imagine our saviour did both to the ear , and also to the very eye , expresse a real donation , and they at that time receive nothing . it resteth then that we search what special grace they did at that time receive . touching miraculous power of the spirit , most apparent it is , that as then they received it not , but the promise thereof was to be shortly after performed . the words of saint luke concerning that power , are therefore set down with signification of the time to come , behold i will send the promise of my father upon you , but carry you in the city of ierusalem , untill ye be endued with power from on high . wherefore , undoubtedly , it was some other effect of the spirit , the holy ghost , in some other kinde which our saviour did then bestow . what other likelier than that which himself doth mention , as it should seem of purpose to take away all ambiguous constructions , and to declare that the holy ghost , which he then gave , was an holy and a ghostly authority , authority over the souls of men , authority , a part whereof consisteth in power to remit and retain sinnes ? receive the holy ghost ? whose sinnes server ye remit , they are remitted ; whose sinnes ye retain , they are retained . whereas therefore the other evangelists had set down , that christ did before his suffering promise to give his apostles the keys of the kingdom of heaven , and being risen from the dead , promised moreover at that time a miracolous power of the holy ghost : saint iohn addeth , that he also invested them even then with the power of the holy ghost for castigation and relaxation of sinne , wherein was fully accomplished that which the promise of the keys did import . seeing therefore that the same power is now given , why should the same form of words expressing it be thought foolish ? the cause why we breathe not as christ did on them unto whom he imparted power , is , for that neither spirit nor spiritual authority may be thought to proceed from us , who are but delegates of assigns to give men possession of his graces . now besides that the power and authority delivered with those words is it self 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a gracious donation which the spirit of god doth bestow , we may most assuredly perswade our selves , that the hand which imposeth upon us the function of our ministry , doth under the same form of words so tye it self thereunto , that he which receiveth the burthen , is thereby for ever warranted to have the spirit with him , and in him for his assistance , aid , countenance and support in whatsoever he faithfully doth to discharge duty . knowing therefore that when we take ordination , we also receive the presence of the holy ghost , partly to guide , direct , and strengthen us in all our wayes , and partly to assume unto it self for the more authority , those actions that appertain to our place and calling , can our ears admit such a speech uttered in the reverend performance of that solemnity ; or can we at any time renew the memory , and enter into serious cogitation thereof , but with much admiration and joy ? remove what these foolish words do imply , and what hath the ministry of god besides wherein to glory ? whereas now , forasmuch as the holy ghost , which our saviour in his first ordinations gave , doth no lesse concurr with spiritual vocations throughout all ages , than the spirit which god derived from moses to them that assisted him in his government , did descend from them to their successors in like authority and place , we have for the least and meanest duties , performed by vertue of ministerial power , that , to dignifie , grace , and authorize them , which no other offices on earth can challenge . whether we preach , pray , baptize , communicate , condemn , give absolution , or whatsoever , as disposers of god's mysteries ; ourwords , judgemnts , acts , and deeds are not ours , but the holy ghost's . enough if unfeigaedly and in heart we did believe it , enough to banish whatsoever may justly be thought corrupt , either in bestowing , or in using , or in esteeming the same otherwise than is meet . for prophanely to bestow , or loosely to use , or vilely to esteem of the holy ghost , we all in shew and profession abhor . now because the ministerie is an office of dignitie and honour , some are doubtful whether any man may seek for it without offence ; or , to speak more properly , doubtful they are not , but rather bold to accuse our discipline in this respect , as not only permitting , but requiring also ambitious suits , or other oblique waies or means whereby to obtain it . against this they plead , that our saviour did stay till his father sent him , and the apostles till he them , that the antient bishops in the church of christ were examples and patterns of the same modesty . whereupon in the end they insert , let see therefore at the length amend that custom of repairing from all parts unto the bishop at the day of ordination , and of seeking to obtain orders ; let the custom of bringing commendatory letters be removed ; let men keep themselves at home , expecting there the voyce of god , and the authority of such as may call them to undertake charge . thus severely they censure and control ambition , if it be ambition which they take upon them to reprehend . for of that there is cause to doubt . ambition , as we understand it , hath been accounted a vice which seeketh after honours inordinately , ambitious mindes esteeming it their greatest happiness to be admired , reverenced , and adored above others , use all means lawful and unlawful which may bring them to high rooms . but as for the power of order considered by it self , and as in this case it must be considered , such reputation it hath in the eye of this present world , that they which affect it , rather need encouragement to bear contempt , than deserve blame as men that carry aspiring mindes . the work whereunto this power serveth is commended , and the desire thereof allowed by the apostle for good . nevertheless because the burthen thereof is heavy , and the charge great , it commeth many times to pass , that the mindes even of virtuous men are drawn into clean contrary affections ; some in humility declining that by reason of hardness , which others in regard of goodness onely do with servent alacrity cover . so that there is not the least degree in this service , but it may be both in a reverence shunned , and of very devotion longed for . if then the desire thereof may be holy , religious , and good , may not the profession of that desire be so likewise ? we are not to think it so long good as it is dissembled , and evil if once we begin to open it . and allowing that it may be opened without ambition , what offence , i beseeth you , is there in opening it , there where it may be furthered and satisfied , in case they to whom it appertaineth think meet ? in vain are those desires allowed , the accomplishment whereof it is not lawful for men to seek . power therefore of ecclesiastical order may be desired , the desire thereof may be professed , they which profess themselves that way inclined , may endeavour to bring their desires to effect , and in all this no necessity of evil . is it the bringing of testimonial letters wherein so great obliquity consisteth ? what more simple , more plain , more harmless , more agreeable with the law of common humanity , than that men where they are not known , use for their easier access the credit of such as can best give testimony of them ? letters of any other construction our church-discipline alloweth not ; and these to allow , is neither to require ambitious saings ; not to approve any indirect or unlawful act . the prophet esay receiving his message at the hands of god , and his charge by heavenly vision , heard the voice of the lord , saying , whom shall i send , who shall go for us ? whereunto he recordeth his own answer , then i said , here lord i am , send me . which in effect is the rule and canon whereby touching this point the very order of the church is framed . the appointment of times for solemn ordination , is but the publick demand of the church in the name of the lord himself , whom shall i send , who shall go for us ? the confluence of men , whose inclinations are bent that way , is but the answer thereunto , whereby the labours of sundry being offered , the church hath freedom to take whom her agents in such case think meet and requisite . as for the example of our saviour christ who took not to himself this honour to be made our high priest , but received the same from him which said : thou art a priest for ever after the order of melchisedec , his waiting , and not attempting to execute the office till god saw convenient time , may serve in reproof of usurped honours , for as much as we ought not of our own accord to assume dignities , whereunto we are not called as christ was . but yet it should be withal considered , that a proud usurpation without any orderly calling is one thing , and another the bare declaration of willingness to obtain admittance ; which willingness of minde , i suppose , did not want in him whose answer was to the voice of his heavenly calling , behold i am come to do thy will. and had it been for him , as it is for us , expedient to receive his commission signed with the hands of men , to seek it , might better have beseemed his humility , than it doth our boldness , to reprehend them of pride and ambition , that make no worse kinde of suits than by letters of information . himself in calling his apostles prevented all cogitations of theirs that way , to the end it might truly be said of them , ye chose not me , but i of mine own voluntary motion made choice of you . which kinde of undesired nomination to ecclesiastical places hefell divers of the most famous amongst the antient fathers of the church in a clean contrary consideration . for our saviour's election respected not any merit or worth , but took them which were farthest off from likelihood of fitness ; that afterwards their supernatural ability and performance , beyond hope , might cause the greater admiration ; whereas in the other , mere admiration of their singular and rare vertues was the reason why honours were inforced upon them , which they of meekness and modesty did what they could to avoid . but did they ever judge it a thing unlawful to wish or desire the office , the onely charge and bare function of the ministery ? towards which labour , what doth the blessed apostle else but encourage , saying , he which desireth it , is desirius of a good work ? what doth he else by such sentences but stir , kindle and inflame ambition ; if i may term that desire ambition , which coveteth more to testifie love by painfulness in god's service , than to reap any other benefit ? although of the very honour it self , and of other emoluments annexed to such labours , for more encouragement of man's industry , we are not so to conceive neither ; as if no affection could be cast towards them without offence . onely as the wise-man giveth counsel : seek not to be made a iudge , lest thou be not able to take away iniquity , and lest thou fearing the person of the mighty , shouldest commit an offence against thine uprightness ; so it always behoveth men to take good heed , lest affection to that , which hath in it as well difficulty as goodness , sophisticate the true and sincere judgement which before-hand they ought to have of their own ability , for want whereof , many forward mindes have found in stead of contentment repentance . but for as much as hardness of things in themselves most excellent cooleth the fervency of mens desires , unless there be somewhat naturally acceptable to incite labour ( for both the method of speculative knowledge doth by things which we sensibly perceive conduct to that which is in nature more certain , though less sensible , and the method of vertuous actions is also to train beginners at the first by things acceptable unto the taste of natural appetite , till our mindes at the length be settled to embrace things precious in the eye of reason , merely and wholly for their own sakes ) howsoever inordinate desires do hereby take occasion to abuse the polity of god , and nature , either affecting without worth , or procuring by unseemly means that which was instituted , and should be reserved for better mindes to obtain by more approved courses , in which consideration the emperours anthemius and leo did worthily oppose against such ambitious practises that antient and famous constitution ; wherein they have these sentences : let not a prelate be ordained for reward or upon request , who should be so farr sequestred from all ambition , that they which advance him might be fain to search where he hideth himself , to entreat him drawing back , and to follow him till importunity have made him yield , let nothing promote him but his excuses to avoid the burthen , they are unworthy of that vocation which are not thereunto brought unwillingly ; notwithstanding , we ought not therefore with the odious name of ambition , to traduce and draw into hatred every poor request or suit wherein men may seem to affect honour , seeing that ambition and modesty do not always so much differ in the mark they shoot at , as in the manner of their prosecution . yea , even in this may be errour also , if we still imagine them least ambitious , which most forbear to stir either hand or foot towards their own preserments . for there are that make an idol of their great sufficiency , and because they surmise the place should be happy that might enjoy them , they walk every where like grave pageants , observing whether men do not wonder why so small account is made of so rare worthiness ; and in case any other man's advancement be mentioned , they either smile or blush at the marvellous folly of the world , which seeth not where dignities should offer themselves . seeing therefore that suits after spiritual functions may be as ambitiously forborn as prosecuted , it remaineth that the a everest line of moderation between both , is , neither to follow them , without conscience ; not of pride , to withdraw our selves utterly from them . * . it pleased almighty god to chuse to himself , for discharge of the b legal ministery , one onely tribe out of twelve others , the tribe of levi ; not all unto every divine service , but aaron and his sons to one charge ; the rest of that sanctified tribe to another . with what solemnities they were admitted into their functions , in what manner aaron and his successours the high-priests ascended every sabboth and festival day , offered , and ministred in the temple ; with what sin-offering once every year they reconciled first themselves and their own house , afterwards the people unto god , how they confessed all the iniquities of the children of israel , laid all their trespasses upon the head of a sacred goat , and so carried them one of the city ; how they purged the holy place from all uncleanness , with what reverence they entred within the vail , presented themselves before the mercy-seat , and consulted with the oracle of god : what service the other priests did continually in the holy place , how they ministred about the lamps , morning and evening , how every sabbath they placed on the table of the lord those twelve loaves with pure incense , in perpetual remembrance of that mercy which the fathers , the twelve tribes had found by the providence of god for their food , when hunger caused them to leave their natural soyl , and to seek for sustenance in egypt ; how they imployed themselves in sacrifice day by day ; finally , what offices the levites discharged , and what duties the rest did execute , it were a labour too long to enter into it , if i should collect that which scriptures and other antient records do mention . besides these , there were indifferently out of all tribes from time to time some call'd of god as prophets , fore-shewing them things to come , and giving them counsel in such particulars as they could not be directed in by the law ; some chosen men to read , study , and interpret the law of god , as the soones or scholars of the old prophets , in whose room afterwards scribes and expounders of the law succeeded . and , because where so great variety is , if there should be equality , confusion would follow , the levites were in all their service at the appointment and direction of the sons of aaron , or priests ; they subject to the principal guides and leaders of their own order ; and they all in obedience under the high priest. which difference doth also manifest it self in the very titles , that men for honours sake gave unto them , terming aaron and his successours , high or great ; the antients over the companies of priests , arch-priests , prophets , fathers , scribes and interpreters of the law , masters . touching the ministery of the gospel of jesus christ , the whole body of the church being divided into laity and clergy , the clergy are either presbyters or deacons . i rather term the one sort . presbyters than a priests , because in a matter of so small moment , i would not willingly offend their eares , to whom the name of priesthood is odious , though without cause . for as things are distinguished one from another by those true essential forms , which being really and actually in them , doe not onely give them the very last and highest degree of their natural perfection , but are also the knot , foundation and root whereupon all other inferiour perfections depend : so if they that first do impose names , did alwayes understand exactly the nature of that which they nominate , it may be that then , by hearing the termes of vulgar speech , we should still be taught what the things themselves most properly are . but because words have so many artificers by whom they are made , and the things whereunto we apply them are fraught with so many varieties , it is not always apparent , what the first inventers respected , much less what every man 's inward conceit is which useth their words . for any thing my self can discern herein , i suppose that they which have bent their study to search more diligently such matters , do , for the most part , finde that name 's advisedly given , had either regard unto that which is naturally most proper ; or if perhaps , to some other speciality , to that which is sensibly most eminent in the thing signified , and concerning popular use of words , that which the wisedom of their inventors did intend thereby , is not commonly thought of , but by the name the thing altogether conceived in gross , as may appear in that if you ask of the common sort what any certain word , for example , what a priest doth signifie , their manner is not to answer , a priest is a clergy-man which offereth sacrifice to god , but they shew some particular person , whom they use to call by that name . and if we lift to descend to grammar , we are told by masters in those schools , that the word priest hath his right place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in him whose meer function or charge is the service of god. howbeit , because the eminentest part both of heathenish and jewish service did consist in sacrifice , when learned-men declare what the word priest doth properly signifie , according to the minde of the first imposer of that name , their ordinary a schools do well expound it to imply sacrifice . seeing then that sacrifice is now no part of the church-ministry , how should the name of priesthood be thereunto rightly applyed ? surely even as saint paul applyeth the name of b flesh unto that very substance of fishes , which hath a proportionable correspondence to flesh , although it be in nature another thing . whereupon , when philosophers will speak warily , they c make a difference between flesh in one sort of living creatures , and that other substance in the rest which hath but a kinde of analogy to flesh : the apostle contrariwise having matter of greater importance whereof to speak , nameth indifferently both flesh. the fathers of the church of christ with like security of speech call usually the ministery of the gospel priesthood , d in regard of that which the gospel hath proportionable to antient sacrifices , namely , the communion of the blessed body and blood of christ , although it hath properly now no sacrifice . as for the people , when they hear the name , it draweth no more their mindes to any cogitation of sacrifice , than the name of a senator or of an alderman causeth them to think upon old age , or to imagine that every one so termed must needs be antient , because years were respected in the first nomination of both . wherefore , to pass by the name , let them use what dialect they will , whether we call it a priesthood , a presbytership , or a ministery , it skilleth not : although in truth the word presbyter doth seem more fit , and in propriety of speech more agreeable than priest with the drift of the whole gospel of jesus christ. for what are they that embrace the gospel but sons of god ? what are churches but his families ? seeing therefore we receive the adoption and state of sons by their ministery whom god hath chosen out for that purpose : seeing also that when we are the sons of god , our continuance is still under their care which were our progenitors , what better title could there be given them than the reverend name of presbyters , or fatherly guides ? the holy ghost throughout the body of the new testament , making so much mention of them , doth not any where call them priests . the prophet esay , i grant , doth , but in such sort as the antient fathers , by way of analogy . a presbyter , according to the proper meaning of the new testament , is he unto whom our saviour christ hath communicated the power of spiritual procreation . out of twelve patriarks issued the whole multitude of israel according to the flesh . and , according to the mystery of heavenly birth , our lord's apostles we all acknowledge to be the patriarks of his whole church . st. iohn therefore beheld sitting about the throne of god in heaven four and twenty presbyters , the one half fathers of the old , the other of the new ierusalem . in which respect the apostles likewise gave themselves the same title , albeit that name were not proper , but common unto then with others . for of presbyters , some were greater , some lesse in power , and that by our saviour's own appointment ; the greater they which received fulness of spiritual power , the less they to whom less was granted . the apostle's peculiar charge was to publish the gospel of christ unto all nations , and to deliver them his ordinances received by immediate revelation from himself . which preheminence excepted , to all other offices and duties incident unto their order , it was in them to ordain and consecrate whomsoever they thought meet , even as our saviour did himself assign seventy other of his own disciples , inferiour presbyters , whose commission to preach and baptize , was the same which the apostles had . whereas therefore we finde , that the very first sermon which the apostles did publickly make , was , the conversion of above three thousand souls , unto whom there were every day more and more added , they having no open place permitted them for the exercise of christian religion , think we that twelve were sufficient to teach and administer sacraments in so many private places , as so great a multitude of people did require ? this harvest , our saviour ( no doubt ) foreseeing , provided accordingly labourers for it before hand . by which means it came to : pass , that the growth of that church being so great and so sudden , they had notwithstanding in a readiness presbyters enough to furnish it . and therefore the history doth make no mention by what occasion presbyters were instituted in ierusalem , onely we read of things which they did , and how the like were made afterwards elsewhere . to these two degrees appointed of our lord and saviour christ , his apostles soon after annexed deacons : deacons therefore must know , saith cyprian , that our lord himself did elect apostles ; but deacons , after his ascension into heaven , the apostles ordained : deacons were stewards of the church , unto whom at the first was committed the distribution of church-goods , the care of providing therewith for the poor , and the charge to see that all things of expeace might be religiously and faithfully dealt in . a part also of their office , was attendance upon their presbyters at the time of divine service . for which cause ignatius , to set forth the dignity of their calling , saith , that they are in such case to the bishop , as if angelical powers did serve him . these onely being the uses for which deacons were first made , if the church have sithence extended their ministery further than the circuit of their labour at the first was drawn , we are not herein to think the ordinance of scripture violated , except there appear some prohibition , which hath abridged the church of that liberty . which i note chiefly , in regard of them to whom it seemeth a thing so monstrous , that deacons should sometime be licensed to preach , whose institution was at the first to another end . to charge them for this as men not contented with their own vocations , and as breakers into that which appertaineth unto others , is very hard . for when they are thereunto once admitted , it is part of their own vocation , it appertaineth now unto them as well as others ; neither is it intrusion for them to do it being in such sort called , but rather in us it were temerity to blame them for doing it . suppose we the office of teaching to be so repugnant unto the office of deaconship , that they cannot concurr in one and the same person ? what was there done in the church by deacons , which the apostles did not first discharge being teachers ? yea , but the apostles found the burthen of teaching so heavy , that they judged it meet to cutt off that other charge , and to have deacons which might undertake it . be it so . the multitude of christians increasing in ierusalem , and waxing great , it was too much for the apostles to teach , and to minister unto tables also . the former was not to be slacked , that this latter might be followed . therefore unto this they appointed others . whereupon we may rightly ground this axiom , that when the subject wherein one man's labours of sundry kindes are imployed , doth wax so great , that the same men are no longer able to manage it sufficiently as before , the most natural way to help this , is , by dividing their charge into slipes , and ordaining of under-officers ; as our saviour under twelve apostle , seventy presbyters , and the apostles by his example seven deacons to be under both . neither ought it to seem less reasonable , that when the same men are sufficient both to continue in that which they do , and also to undertake somewhat more , a combination be admitted in this case , as well as division in the former . we may not therefore disallow it in the church of geneva , that calvin and beza were made both pastors and readers in divinity , being men so able to discharge both . to say they did not content themselves with their pastoral vocations , but brake into that which belongeth to others ; to alledge against them , he that exhorteth on exhortation , as against us , he that distributeth in simplicity , is alledged in great dislike of granting licence for deacons to preach , were very hard . the antient custome of the church , was to yield the poor much relief , especially widows . but as poor people are always querulous and apt to think themselves less respected then they should be , we see that when the apostles did what they could without hindrance to their weightier business , yet there were which grudged that others had too much , and they too little , the grecian widows shorter commons than the hebrews . by means whereof the apostles saw it meet to ordain deacons . now tract of time having clean worn out those first occasions , for which the deaconship was then most necessary , it might the better be afterwards extended to other services , and so remain , as at this present day , a degree in the clergy of god which the apostles of christ did institute . that the first seven deacons were chosen out of the seventy disciples , is an errour in epiphanius . for to draw men from places of weightier , unto rooms of meaner labour , had not been fit . the apostles , to the end they might follow teaching with more freedom , committed the ministery of tables unto deacons . and shall we think they judged it expedient to chuse so many out of those seventy to be ministers unto tables , when christ himself had before made them teachers ? it appeareth therefore , how long these three degrees of ecclesiastical order have continued in the church of christ ; the highest and largest , that which the apostles , the next that which presbyters , and the lowest that which deacons had . touching prophets , they were such men as having otherwise learned the gospel , had from above bestowed upon them a special gift of expounding scriptures , and of foreshewing things to come . of this sort agabus was , and besides him in ierusalem sundry others , who notwithstanding are not therefore to be reckoned with the clergy , because no man's gifts or qualities can make him a minister of holy things , unless ordination do give him power . and we nowhere since prophets to have been made by ordination ; but all whom the church did ordain , where either to serve as presbyters or as deacons . evangelists were presbyters of principal sufficiency , whom the apostles sent abroad , and used as agents in ecclesiastical affairs wheresoever they saw need . they whom we finde to have been named in scripture , evangelists , a ananias , b apollos , c timothy , and others were thus employed . and concerning evangelists , afterwards in trajans dayes , the history ecclesiastical noteth that many of the apostle's disciples and scholars which were then alive , and did with singular love of wisdom affect the heavenly word of god , to shew their willing mindes in executing that which christ first of all requireth at the hands of men , they sold their possessions , gave them to the poor , and , betaking themselves to travel , undertook the labour of evangelists , that is , they painfully preached christ , and delivered the gospel to them , who as yet had never heard the doctrine of faith. finally , whom the apostle nameth pastors and teachers , what other were they than presbyters also , howbeit settled in some certain charge , and thereby differing from evangelists ? i beseech them therefore which have hitherto troubled the church with questions , about degrees and offices of ecclesiastical calling , because they principally ground themselves upon two places , that , all partiality laid aside , they would sincerely weigh and examine , whether they have not mis-interpreted both places , and all by surmising incompatible offices , where nothing is meant but sundry graces , gifts and abilities which christ bestowed . to them of corinth , his words are these , god placed in the church , first of all , some apostles ; secondly , prophets ; thirdly , teachers ; after them powers , then gifts of cures , aides governments , kindes of languages . are all apostles ? are all prophets ? are all teachers ? is there power in all ? have all grace to cure ? do all speak with tongues ? can all interpret ? but be you desirous of the better graces . they which plainly discern first , that some one general thing there is which the apostle doth here divide into all these branches , and do secondly conceive that general to be church-offices , besides a number of other difficulties , can by no means possibly deny but that many of these might concurr in one man , and peradventure , in some one all ; which mixture notwithstanding , their form of discipline doth most shun . on the other side , admit that communicants of special infused grace , for the benefit of members knit into one body , the church of christ , are here spoken of , which was in truth the plain drift of that whole discourse ; and see if every thing do not answer in due place with the fitness , which sheweth easily what is likeliest to have been meane . for why are apostles the first , but because unto them was granted the revelation of all truth from christ immediately ? why prophets the second , but because they had of some things knowledge in the same manner ? teachers the next , because whatsoever was known to them it came by hearing , yet god withal made them able to instruct , which every one could not do that was taught . after gifts of edification there follow general abilities to work things above nature , grace to cure men of bodily diseases , supplies against occurrent defects and impediments , dexterities to govern and direct by counsel ; finally , aptness to speak or interpret foreign tongues . which graces , not poured out equally , but diversly sorted and given , were a cause why not onely they all did furnish up the whole body , but each benefit and help other . again , the same apostle , other-where in like sort , to every one of us is given grace , according to the measure of the gift of christ. wherefore he saith , when he ascended up on high , he led captivity captive , and gave gifts unto men . he therefore gave some apostles , and some prophets , and some evangelists , and some pastors and teachers , for the gathering together of saints , for the work of the ministery , for the edification of the body of christ. in this place none but gifts of instruction are exprest . and because of teachers some were evangelists which neither had any part of their knowledge by revelation as the prophets , and yet in ability to teach were farr beyond other pastors , they are , as having received one way less than prophets , and another way more than teachers , set accordingly between both . for the apostle doth in neither place respect what any of them were by office or power given them through ordination , but what by grace they all had obtained through miraculous infusion of the holy ghost . for in christian religion , this being the ground of our whole belief , that the promises which god of old had made by his prophets concerning the wonderful gifts and graces of the holy ghost , wherewith the reign of the true messias should be made glorious , were immediately after our lord's ascension performed , there is no one thing whereof the apostles did take more often occasion to speak . out of men thus endued with gifts of the spirit upon their conversion to christian faith , the church had her ministers chosen , unto whom was given ecclesiastical power by ordination . now , because the apostle in reckoning degrees and varieties of grace , doth mention pastors and teachers , although he mention them not in respect of their ordination to exercise the ministery , but as examples of men especially enriched with the gifts of the holy ghost , divers learned and skilfull men have so taken it , as if those places did intend to teach what orders of ecclesiastical persons there ought to be in the church of christ , which thing we are not to learn from thence but out of other parts of holy scripture , whereby it clearly appeareth , that churches apostolick did know but three degrees in the power of ecclesiastical order ; at the first apostles , presbyters , and deacons ; afterwards in stead of apostles , bishops , concerning whose order we are to speak in the seventh book . there is an errour which beguileth many who doe much intangle both themselves and others by not distinguishing services , offices , and orders ecclesiastical : the first of which three , and in part the second may be executed by the laity ; whereas none have , or can have the third but the clergy . catechists , exorcists , readers , singers , and the rest of like sort , if the nature onely of their labours and pains be considered , may in that respect seem clergy-men , even as the fathers for that cause term them usually clerks ; as also in regard of the end whereunto they were trained up , which was to be ordered when years and experience should make them able . notwithstanding , in as much as they no way differed from others of the laity longer than during that work of service , which at any time they might give over , being thereunto but admitted , not tyed by irrevocable ordination , we finde them alwayes exactly severed from that body whereof those three before rehearsed orders alone are natural parts . touching widows , of whom some men are perswaded , that if such as saint paul describeth may be gotten , we ought to retain them in the church for ever . certain mean services there were of attendance ; as about women , at the time of their baptism , about the bodies of the sick and dead , about the necessities of travellers , way-faring men , and such like , wherein the church did commonly life them when need required , because they lived of the alms of the church , and were fittest for such purposes ; saint paul doth therefore , to avoid scandal , require that none but women well-experienced and vertuously given , neither any under threescore years of age should be admitted of that number . widows were never in the church so highly esteemed as virgins . but seeing neither of them did or could receive ordination , to make them ecclesiastical persons were absurd . the antientest therefore of the fathers mention those three degrees of ecclesiastical order specified , and no moe . when your captain ( saith tertullian ) that is to say , the deacons , presbyters , and bishops fly , who shall teach the laity , that they must be constant ? again , what should i mention lay-men ( saith optatus ) yea , or divers of the ministery it self ? to what purpose deacons , which are in the third , or presbyters in the second degree of priesthood , when the very heads and princes of all , even certain of the bishops themselves were content to redeem life with the loss of heaven ? heaps of allegations in a case so evident and plain are needless . i may securely therefore conclude , that there are at this day in the church of england , no other than the same degrees of ecclesiastical order , namely , bishops , presbyters , and deacons , which had their beginning from christ , and his blessed apostles themselves . as for deans , prebendaries , parsons , vicars , curates , arch-deacons , chancellours , officials , commissaries , and such other the like names , which being not found in holy scripture , we have been thereby through some mens errour thought to allow of ecclesiastical degress not known , nor ever heard of in the better ages of former times ; all these are in truth but titles of office , whereunto partly ecclesiastical persons , and partly others are in sundry forms and conditions admitted , as the state of the church doth need degrees of order , still continuing the same they were from the first beginning . now what habit or attire doth beseem each order to use in the course of common life , both for the gravity of his place , and for example-sake to other men , is a matter frivolous to be disputed of . a small measure of wisedom may serve to teach them how they should cutt their coats . but seeing all well-ordered polities have ever judged it meet and fit by certain special distinct ornaments to sever each sort of men from other when they are in publick , to the end that all may receive such complements of civil honour , as are due to their roomes and callings , even where their persons are not known , it argueth a disproportioned minde in them whom so decent orders displease . . we might somewhat marvel , what the apostle saint paul should mean to say that covetousness is idolatry , if the daily practise of men did not shew , that whereas nature requireth god to be honoured with wealth , we honour for the most part wealth as god. fain we would teach our selves to believe , that for worldly goods it sufficeth frugally and honestly to use them to our own benefit , without detriment and hurt of others ; or if we go a degree farther , and perhaps convert some small contemptible portion thereof to charitable uses , the whole duty which we owe unto god herein is fully satisfied . but for as much as we cannot rightly honour god , unless both our souls and bodies be sometime imployed meerly in his service ; again , sith we know that religion requireth at our hands the taking away of so great a part of the time of our lives quite and clean from our own business ; and the bestowing of the same in his ; suppose we that nothing of our wealth and substance is immediately due to god , but all our own to bestow and spend as our selves think meet ? are not our riches as well his , as the days of our life are his ? wherefore , unless with part we acknowledge his supream dominion , by whose benevolence we have the whole , how give we honour to whom honour belongeth , or how hath god the things that are god's ? i would know what nation in the world did ever honour god , and not think it a point of their duty to do him honour with their very goods . so that this we may boldly set down as a principle clear in nature , an axiom which ought not to be called in question , a truth manifest and infallible , that men are eternally bound to honour god with their substance , in token of thankful acknowledgement that all they have is from him . to honour him with our worldly goods , not only by spending them in lawful manner , and by using them without offence , but also by alienating from our selves some reasonable part or portion thereof , and by offering up the same to him as a sign that we gladly confess his sole and soveraign dominion over all , is a duty which all men are bound unto , and a part of that very worship of god ; which , as the law of god and nature it self requireth , so we are the rather to think all men no less strictly bound thereunto than to any other natural duty , in as much as the hearts of men do so cleave to these earthly things , so much admire them for the sway they have in the world , impute them so generally either to nature , or to chance , and fortune , so little think upon the grace and providence from which they come , that unless by a kinde of continual tribute we did acknowledge god's dominion , it may be doubted that short in time men would learn to forget whose tenants they are , and imagine that the world is their own absolute , free , and independent inheritance . now , concerning the kinde or quality of gifts which god receiveth in that sort , we are to consider them , partly as first they proceed from us , and partly as afterwards they are to serve for divine uses . in that they are testimonies of our affection towards god , there is no doubt , but such they should be as beseemeth most his glory to whom we offer them . in this respect the fatness of abel's sacrifice is commended ; the flower of all mens increase assigned to god by solomon ; the gifts and donations of the people rejected as oft as their cold affection to god-ward made their presents to be little worth . somewhat the heathens saw touching that which was herein fit , and therefore they unto their gods did not think they might consecrate any thing which was impure or unsound , or already given , or else not truly their own to give . again , in regard of use , forasmuch as we know that god hath himself no need of worldly commodities , but taketh them because it is our good to be so exercised , and with no other intent accepteth , them , but to have them used for the endless continuance of religion ; there is no place left of doubt or controversie , but that we in the choyce of our gifts , are to level at the same mark , and to frame our selves to his known intents and purposes . whether we give unto god therefore that which himself by commandment requireth ; or that which the publick consent of the church thinketh good to allot , or that which every man 's private devotion doth best like , in as much as the gift which we offer , proceedeth not only as a testimony of our affection towards god , but also as a mean to uphold religion , the exercise whereof cannot stand without the help of temporal commodities : if all men be taught of nature to wish , and , as much as in them lyeth , to procure the perpetuity of good things ; if for that very cause we honour and admire their wisdom , who having been founders of common-weals , could devise how to make the benefit they lest behind them durable ; if , especially in this respect , we prefer lycurgus before solon , and the spartan before the athenian polity , it must needs follow , that as we do unto god very acceptable service in honouring him with our substance , so our service that way is then most acceptable , when it tendeth to perpetuity . the first permanent donations of honour in this kinde are temples . which works do so much set forward the exercise of religion , that while the world was in love with religion , it gave to no sort greater reverence than to whom it could point and say , these are the men that have built us synagogues . but of churches we have spoken sufficiently heretofore . the next things to churches are the ornaments of churches , memorials which mens devotion hath added to remain in the treasure of god's house , not onely for uses wherein the exercise of religion presently needeth them , but also partly for supply of future casual necessities , whereunto the church is on earth subject , and partly to the end , that while they are kept they may continually serve as testimonies , giving all men to understand , that god hath in every age and nation , such as think it no burthen to honour him with their substance . the riches first of the tabernacle of god , and then of the temple of ierusalem , arising out of voluntary gifts and donations , were , as we commonly speak , a nemo scit , the value of them above that which any man would imagine . after that the tabernacle was made , furnished with all necessaries , and set up , although in the wilderness their ability could not possibly be great , the very metal of those vessels which the princes of the twelve tribes gave to god for their first presents , amounted even then to two thousand and four hundred shekels of silver , an hundred and twenty shekels of gold , every shekel weighing half an ounce . what was given to the temple which solomon erected , we may partly conjecture , when over and besides wood , marble , iron , brass , vestments , precious stones , and money ; the sum which david delivered into solomon's hands for that purpose , was of gold in mass eight thousand , and of silver seventeen thousand cichars , every cichar containing a thousand and eight hundred shekels , which riseth to nine hundred ounces in every one cichar : whereas the whole charge of the tabernacle did not amount unto thirty cichars . after their return out of babylon , they were not presently in case to make their second temple of equal magnificence and glory with that which the enemy had destroyed . notwithstanding what they could , they did . insomuch that , the building finished , there remained in the coffers of the church to uphold the fabrick thereof , six hundred and fifty cichars of silver , one hundred of gold. whereunto was added by nehemias of his own gift a thousand drams of gold , fifty vessels of silver , five hundred and thirty priests vestments ; by other the princes of the fathers twenty thousand drams of gold , two thousand and two hundred pieces of silver ; by the rest of the people twenty thousand of gold , two thousand of silver , threescore and seven attires of priests . and they furthermore bound themselves towards other charges to give by the pole in what part of the world soever they should dwell , the third of a shekel , that is to say , the sixth part of an ounce yearly . a this out of foreign provinces , they always sent in gold. whereof b nithridates is said to have taken up by the way before it could pass to ierusalem from asia , in one adventure eight hundred talents ; crassus after that to have borrowed of the temple it self eight thousand : at which time eleazar having both many other rich ornaments , and all the tapestry of the temple under his custody , thought it the safest way to grow unto some composition , and so to redeem the residue by parting with a certain beam of gold about seven hundred and an half in weight , a prey sufficient for one man , as he thought , who had never bargained with crassus till then , and therefore upon the confidence of a solemn oath that no more should be looked for , he simply delivered up a large morsel , whereby the value of that which remained was betrayed , and the whole lost . such being the casualties whereunto moveable treasures are subject , the law of moses did both require eight and twenty cities , together with their fields and whole territories in the land of iury , to be reserved for god himself ; and not onely provide for the liberty of farther additions , if men of their own accord should think good , but also for the safe preservation thereof unto all posterities , that no man's avarice or fraud , by defeating so vertuous intents , might discourage from like purposes . god's third indowment did therefore of old consist in lands . furthermore , some cause no doubt there is , why besides sundry other more rare donations of uncertain rate , the tenth should be thought a revenue so natural to be allotted out unto god. for of the spoils which abraham had taken in warr , he delivered unto melchisedeck the titles . the vow of iacob , at such time as he took his journey towards haran , was , if god will be with me , and will keep me in this voyage which i am to go , and will give me bread to eat , and cloaths to put on , so that i may return to my father's house in safety , then shall the lord be my god ; and this stone which i have set up as a pillar , the same shall be god's house , and of all thou shalt give me i will give unto thee the tythe . and as abraham gave voluntarily , as iacob vowed to give god tythes , so the law of moses did require at the hands of all men the self-same kinde of tribute , the tenth of their com , wine , oyl , fruit , cattel , and whatsoever increase his heavenly providence should send . in so much , that painims being herein followers of their steps , paid tythes likewise : imagine we that this was for no cause done , or that there was not some special inducements to judge the tenth of our worldly profits the most convenient for god's portion ? are not all things by him created in such sort , that the formes which give them their distinction are number , their operations measure , and their matter weight ? three being the mystical number of god's unsearchable perfection within himself ; seven the number whereby our own perfections , through grace , are most ordered ; and ten the number of nature's perfections ( for the beauty of nature , is order ; and the foundation of order , number ; and of number , ten the highest we can rise unto without iteration of numbers under it ) could nature better acknowledge the power of the god of nature , than by assigning unto him that quantity which is the continent of all she possesseth ? there are in philo the jew , many arguments to shew the great congruity and fitness of this number in things consecrated unto god. but because over-nice and curious speculations become not the earnestnesse of holy things , i omit what might be farther observed , as well out of others , as out of him , touching the quantity of this general sacred tribute ; whereby it commeth to passe , that the meanest and the very poorest amongst men , yielding unto god as much in proportion as the greatest , and many times in affection more , have this as a sensible token always assuring their mindes , that in his sight , from whom all good is expected , they are concerning acceptation , protection , divine priviledges and preheminencies whatsoever , equals and peers with them unto whom they are otherwise in earthly respects inferiours ; being furthermore well assured that the top as it were thus presented to god is neither lost , nor unfruitfully bestowed , but doth sanctifie to them again the whole mass , and that he by receiving a little undertaketh to bless all . in which consideration the jewes were accustomed to name their tithes , the b hedge of their riches . albeit a hedge do onely fence and preserve that which is contained , whereas their tithes and offerings did more , because they procured increase of the heap out of which they were taken . god demandeth no such debt for his own need , but for their onely benefit that owe it . wherefore detaining the same , they hurt not him whom they wrong ; and themselves whom they think they relieve , they wound ; except men will haply affirm , that god did by fair speeches , and large promises , delude the world in saying , bring ye all the tithes into the store-house , that there may be meat in mine house , ( deal truly , defraud not god of his due , but bring all ) and prove if i will not open unto you the windows of heaven , and powre down upon you an immeasurable blessing . that which saint , iames hath concerning the effect of our prayers unto god , is for the most part of like moment in our gifts : we pray and obtain not , because he which knoweth our hearts , doth know our desires are evil . in like manner we give , and we are not the more accepted , because he beholdeth how unwisely we spill our gifts in the bringing . it is to him which needeth nothing , all one whether any thing or nothing be given him . but for our own good , it always behoveth that whatsoever we offer up into his hands , we bring it seasoned with this cogitation , thou lord art worthy of all honour . with the church of christ touching these matters , it standeth as it did with the whole world before moses . whereupon for many years men being desirous to honour god in the same manner , as other vertuous and holy personages before had done , both during the time of their life , and , if farther ability did serve , by such devise as might cause their works of piety to remain always , it came by these means to pass that the church from time to time , had . treasure , proportionable unto the poorer or wealthier estate of christian men . and , assoon as the state of the church could admit thereof , they easily condescended to think it most natural and most fit , that god should receive , as before , of all men his antient accustomed revenues of tithes . thus therefore both god and nature have taught to convert things temporal to eternal uses , and to provide for the perpetuity of religion , even by that which is most transitory . for , to the end that , in worth and value , there might be no abatement of any thing once assigned to such purposes , the law requireth precisely the best of what we possesse ; and , to prevent all dammages by way of commutation , where in stead of natural commodities , or other rights , the price of them might be taken , the law of moses determined their rates , and the payments to be alwayes made by the sickle of the sanctuary , wherein there was great advantage of weight above the ordinary currant sickle . the truest and surest way for god to have alwayes his own , is by making him payment in kinde out of the very self-same riches , which through his gracious benediction the earth doth continually yield . this , where it may be without inconvenience , is for every man's conscience sake . that which commeth from god to us , by the natural course of his providence , which we know to be innocent and pure , is perhaps best accepted , because least spotted with the stain of unlawful , or indirect procurement . besides , whereas prices daily change , nature , which commonly is one , must needs be the most indifferent , and permanent standard between god and man. but the main foundation of all , whereupon the security of these things dependeth , as farr as any thing may be ascertained amongst men , is , that the title and right which man had in every of them before donation , doth by the act , and from the time of any such donation , dedication , or grant , remain the proper possession of god till the world's end , unless himself renounce or relinquish it . for if equity have taught us , that every one ought to enjoy his own ; that what is ours no other can alienate from us , but with our a own b deliberate consent , finally , that no man having past his consent or deed , may c change it to the prejudice of any other , should we perfume to deal with god worse than god hath allowed any man to deal with us ? albeit therefore we be now free from the law of moses , and consequently , not thereby bound to the payment of tithes ; yet because nature hath taught men to honour god with their substance , and scripture hath left us an example of that particular proportion , which for moral considerations hath been thought sittest by him whose wisedom could best judge ; furthermore , seeing that the church of christ hath long sithence entred into like obligation , it seemeth in these dayes a question altogether vain and superfluous , whether tithes be a matter of divine right : because howsoever at the first , it might have been thought doubtful , our case is clearly the same now with theirs , unto whom saint peter sometime spake , saying , while it was whole , it was whole thine . when our tithes might have probably seemed our own , we had colour of liberty to use them as we our selves saw good . but having made them his whose they are , let us be warned by other mens example what it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to wash or clip that come which hath on it the mark of god. for that all these are his possessions , and that he doth himself so reckon them , appeareth by the form of his own speeches . touching gifts and oblations , thou shalt give them me ; touching oratories and churches , my house shall be called the house of prayer ; touching tithes , will a man spoil god ? yet behold , even me your god ye have d spoiled , notwithstanding ye ask wherein , as though ye were ignorant , what injury there hath been offered in tithes : ye are heavily accursed , because with a kinde of publick consent ye have joyned your selves in one to rob me , imagining the commonness of your offence to be every man's particular justification ; touching lands , ye shall offer to the lord a sacred portion of ground , and that sacred portion shall belong to the priests . neither did god onely thus ordain amongst the jews , but the very purpose , intent , and meaning of all that have honoured him with their substance , was to invest him with the property of those benefits , the use whereof must needs be committed to the hands of men . in which respect the stile of antient grants and charters , is , we have given unto god both for us and our hews for ever , yea , we know , saith charles the great , that the goods of the church are the sacred indowments of god , to the lord our god we offer and dedicate whatsoever we deliver unto his church . whereupon the laws imperial doe likewise divide all things in such sort , that they make some to belong by right of nature indifferently unto every man , some to be the certain goods and possessions of common-weals , some to appertain unto several corporations or companies of men , some to be privately mens own in particular , and some to be separated quite e from all men ; which last branch comprizeth things sacred and holy , because thereof god alone is owner . the sequel of which received opinion , as well without as within the walls of the house of god touching such possessions as hath been ever , that there is not an act more honourable , than by all means to amplifie and to defend the patrimony of religion , not any more f impious and hateful , than to impair those possessions which men in former times , when they gave unto holy uses , were wont at the altar of god , and in presence of their ghostly superiours , to make , as they thought , inviolable , by words of fearful execration , saying , these things we offer to god , from whom if any take them away ( which we hope no man will attempt to do ) but if any shall , let his account be without favour in the last day , when he commeth to receive the doom which is due for sacriledge against that lord and god unto whom we dedicate the same . the best and most renowned prelates of the church of christ have in this consideration rather sustained the wrath , than yielded to satisfie the hard desire of their greatest commanders on earth , coveting with ill advice and counsel that which they willingly should have suffered god to enjoy . there are of martyrs , whom posterity doth much honour , for that having under their hands the custody of such g treasures , they could by vertuous delusion invent how to save them from prey , even when the safety of their own lives they gladly neglected ; as one , sometime an archdeacon under xistne the bishop of rome , did : whom when his judge understood to be one of the church-stewards , thirst of blood began to slake , and another humour to work , which first by a favourable countenance , and then by quiet speech did thus calmly disclose it self . you that profess the christian religion , make great complaint of the wonderful cruelty we shew towards you . neither peradventure altogether without cause . but for my self , i am farr from any such bloody purpose . ye are not so willing to love , as i unwilling that out of these lips should proceed any capital sentence against you . your bishops are said to have rich vessels of gold and silver , which they use in the exercise of their religion ; besides , the fame is , that numbers sell away their lands and livings , the huge prices whereof are brought to your church-coffers ; by which means the devotion , that maketh them and their whole posterity poor , must needs mightily enrich you , whose god we know was no coyner of money , but left behinde him many wholesome and good precepts , at namely , that caesar should have of you the things that are fit for , and due to caesar. his wars are costly and chargeable unto him . that which you suffer to rust in corners , the affairs of the common-wealth do need . your profession is not to make account of things transitory . and yet if ye can be contented but to forego that which ye care not for , i dare undertake to warrant you both safety of life , and freedom dom of using your conscience , a thing more acceptable to you than wealth . which sa it ' parley the happy martyr quietly hearing , and perceiving it necessary to make some shift for the safe concealment of that which being now desired was not unlikely to be more narrowly afterwards sought , he craved respite for three dayes , to gather the riches of the church together , in which space against the time the governour should come to the doors of the temple , bigg with hope to receive his prey , a miserable rank of poor , lame , and impotent persous was provided , their names delivered him up in writing as a true inventory of the churches goods , and some few words used to signifie how proud the church was of these treasures . if men did not naturally abhor sacriledge , to resist or to defeat so impious attempts would deserve small prayse . but such is the general detestation of rapine in this kinde , that whereas nothing doth either in peace or war more uphold men's reputation than prosperous success , because in common construction , unless notorious improbity be joyn'd with prosperity , it seemeth to argue favour with god ; they which once have stained their hands with these odious spoyls , do thereby fasten unto all their actions an eternal prejudice , in respect whereof , for that it passeth through the world as an undoubted rule and principle , that sacriledge is open defiance to god , whatsoever afterwards they undertake , if they prosper in it , men reckon it but dionysius his navigation , and if any thing befall them otherwise , it is not , as commonly : so in them ascribed to the great uncertainty of casual events , wherein the providence of god doth controul the purposes of men oftentimes ; much more for their good than if all things did answer fully their hearts desire , but the censure of the world is ever directly against them both a bitter and peremptoty . to make such actions therefore less odious , and to mitigate the envy of them , many colourable shifts and inventions have been used , as if the world did hate onely wolves , and think the fox a goodly creature . the b time it may be will come , when they that either violently have spoyled , or thus smoothly defrauded god , shall finde they did but deceive themselves . in the mean while there will be always some skilful persons , which can teach a way how to grinde treatably the church with jawes that shall scarce move , and yet devour in the end more than they that come ravening with open mouth , as if they would worry the whole in an instant ; others also , who having wastfully eaten out their own patrimony , would be glad to repair , if they might , their decayed estates , with the ruine they care not of what nor of whom , so the spoyl were theirs , whereof in some part if they happen to speed , yet commonly they are men born under that constellation which maketh them , i know not how , as unapt to enrich themselves , as they are ready to impoverish others ; it is their lot to sustain during life , both the misery of beggers , and the infamy of robbers . but though no other plague and revenge should follow sacrilegious violations of holy things , the natural secret disgrace and ignominy , the very turpitude of such actions in the eye of a wise understanding heart , is it self a heavy punishment . men of vertuous quality are by this sufficiently moved to beware how they answer and requite the mercies of god with injuries , whether openly or indirectly offered . i will not absolutely say concerning the goods of the church , that they may in no case be seized on by men , or that no obligation , commerce and bargain made between man and man , can never be of force to alienate the property which god hath in them . certain cases i grant there are , wherein it is not so dark what god himself doth warrant , but that we may safely presume him as willing to forego for our benefit , as alwayes to use and convert to our benefit whatsoever our religion hath honoured him withall . but surely under the name of that which may be , many things that should not be are often done . by means whereof the church most commonly for gold hath flanel ; and whereas the usual saw of old was glaucus his change , the proverb is now , a church-bargain . and for fear left covetousness alone should linger out the time too much , and not be able to make havock of the house of god with that expedition , which the mortal enemy thereof did vehemently wish , he hath by certain strong inchantments so deeply bewitcht religion it self , as to make it in the end an earnest sollicitour , and an eloquent perswader of sacriledge , urging confidently , that the very best service which men of power can do to christ , is without any more ceremony , to sweep all , and to leave the church as hare as in the day it was first born ; that fulness of bread having made the children of the houshold wanton , it is without any scruple to be taken away from them , and thrown to doggs ; that they which laid the prices of their lands as offerings at the apostles feet , did but sow the seeds of superstition ; that they which indowed churches with lands , poysoned religion ; that tythes and oblations are now in the sight of god as the sacrificed bloud of goats ; that if we give him our hearts and affections , our goods are better bestowed otherwise ; that polycarp's disciple should not have said , we offer unto god our goods as tokens of thankfulness for that we receive ; neither origen , he which worshippeth god , must by gifts and oblations acknowledge him the lord of all ; in a word , that to give unto god is errour ; reformation of errour , to take from the church that which the blindness of former ages did unwisely give : by these or the like suggestions , received with all joy , and with like sedulity practised in certain parts of the christian world , they have brought to passe , that as david doth say of man , so it is in hazard to be verified concerning the whole religion and service of god : the time thereof may peradventure fall out to be threescore and ten years , or if strength do serve unto fourscore , what followeth , is likely to be small joy for them whatsoever they be that behold it . thus have the best things been overthrown , not so much by puissance and might of adversaries , as through defect of counsel , in them that should have upheld and defended the same . . there are in a minister of god these four things to be considered , his ordination which giveth him power to meddle with things sacred , the charge or portion of the church allotted unto him for exercise of his office ; the performance of his duty , according to the exigence of his charge ; and lastly , the maintenance which in that respect he receiveth . all ecclesiastical lawes and canons which either concern the bestowing or the using of the power of ministerial order , have relation to these four . of the first we have spoken before at large . concerning the next , for more convenient discharge of eclcesiastical duties , as the body of the people must needs be severed by divers precincts , so the clergy likewise accordingly distributed . whereas therefore religion did first take place in cities , and in that respect was a cause why the name of pagans , which properly signifieth a countrey people , came to be used in common speech for the same that infidels and unbelievers were ; it followed thereupon that all such cities had their ecclesiastical colledges , consisting of deacons and of presbyters , whom first the apostles or their delegates the evangelists , did both ordain and govern . such were the colledges of ierusalem , antioch , ephesus , rome , corinth , and the rest , where the apostles are known to have planted our faith and religion . now because religion and the cure of souls was their general charge in common over all that were near about them , neither had any one presbyter his several cure apart , till evaristus bishop in the see of rome , about the year . began to assign precincts unto every church , or title , which the christians held , and to appoint unto each presbyter a certain compasse , whereof himself should take charge alone ; the commodiousnesse of this invention caused all parts of christendom to follow it , and at the length , amongst the rest our own churches , about the year . became divided in like manner . but other distinction of churches there doth not appear any in the apostles writings , save onely , according to those a cities wherein they planted the gospel of christ , and erected ecclesiastical colledges . wherefore to ordain b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 throughout every city , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 throughout every church , doe in them signifie the same thing . c churches then neither were , nor could be in so convenient sort limited as now they are ; first , by the bounds of each state , and then within each state by more particular precincts , till at the length we descend unto several congregations , termed parishes , with farr narrower restraint , than this name at the first was used . and from hence hath grown their errour , who , as oft as they read of the duty which ecclesiastical persons are now to perform towards the church , their manner is alwayes to understand by that church , some particular congregation , of parish church . they suppose that there should now be no man of ecclesiastical order , which is not tyed to some certain parish . because the names of all church-officers are words of relation , because a shepheard must have his flock , a teacher his scholars , a minister his company which he ministreth unto , therefore it seemeth a thing in their eyes absurd and unreasonable , that any man should be ordained a minister , otherwise , than onely for some particular congregation . perceive they not , how by this meane they make it unlawful for the church to imploy men at all , in converting nations ? for if so be the church may not lawfully admit to an ecclesiastical function , unlesse it tye the party admitted unto some particular parish , then surely a thanklesse labour it is , whereby men seek the conversion of infidels , which know not christ , and therefore cannot be as yet divided into their special congregations and flocks : but , to the end it may appear how much this one thing amongst many more hath been mistaken , there is first no precept , requiring that presbyters and deacons be made in such sort , and not otherwise . albeit therefore the apostles did make them in that order , yet is not their example such a law , as , without all exception , bindeth to make them in no other order but that . again , if we will consider that which the apostles themselves did , surely , no man can justly say , that herein we practise any thing repugnant to their example . for by them there was ordained onely in each christian city a colledge of presbyters and deacons to administer holy things . evaristus did a hundred years after the birth of our saviour christ begin the distinction of the church into parishes . presbyters and deacons having been ordained before to exercise ecclesiastical functions in the church of rome promiscuously , he was the first that tyed them each one to his own station . so that of the two , indefinite ordination of presbyters and deacons doth come more near the apostles example , and the tying of them to be made onely for particular congregations , may more justly ground it self upon the example of evaristus than of any apostle of christ. it hath been the opinion of wise and good men heretofore , that nothing was ever devised more singularly beneficial unto god's church , than this which our honourable predecessors have to their endless praise found out by the erecting of such houses of study , as those two most famous universities do contain , and by providing that choise wits , after reasonable time spent in contemplation , may at the length either enter into that holy vocation , for which they have been so long nourished and brought up , or else give place , and suffer others to succeed in their rooms , that so the church may be alwayes furnished with a number of men , whose ability being first known by publick tryal in church-labours there where men can best judge of them , their calling afterwards unto particular charge abroad may be accordingly . all this is frustrate , those worthy foundations we must dissolve , their whole device and religious purpose which did erect them is made void , their orders and statutes are to be cancelled and disannulled , in case the church be forbidden to grant any power of order , unless it be with restraint to the party ordained unto some particular parish or congregation . nay , might we not rather affirm of presbyters and of deacons , that the very nature of their ordination is unto necessary local restraint a thing opposite and repugnant ? the emperour iustinian doth say of tutors , certa rei vel causae tutor dari non potest , quia personae non causae vel rei tutor datur . he that should grant a tutorship , restraining his grant to some one certain thing or cause ; should do but idlely , because tutors are given for personal defence generally , and not for managing of a few particular things or causes . so he that ordaining a presbyter , or a deacon , should , in the form of ordination , restrain the one or the other to a certain place , might , with much more reason , be thought to use a vain and a frivolous addition , than they reasonably to require such local restraint , as a thing which must of necessity concurr evermore with all lawfull ordinations . presbyters and deacons are not by ordination consecrated unto places , but unto functions . in which respect , and in no other it is , that sith they are by vertue thereof bequeathed unto god , severed and sanctified to be imployed in his service , which is the highest advancement that mortal creatures on earth can be raised unto , the church of christ hath not been acquainted in former ages with any such propane and unnatural custom , as doth hallow men with ecclesiastical functions of order onely for a time , and then dismiss them again to the common affairs of the world. whereas , contrariwise , from the place or charge where that power hath been exercised , we may be by sundry good and lawful occasions translated , retaining nevertheless the self-same power which was first given . it is some grief to spend thus much labour in refuting a thing that hath so little ground to uphold it , especially sith they themselves that teach it doe not seem to give thereunto any great credit , if we may judge their mindes by their actions . there are amongst them that have done the work of ecclesiastical persons , sometime in the families of noblemen , sometime in much more publick and frequent congregations ; there are that have successively gone through perhaps seven or eight particular churches after this sort ; yea , some that at one and the same time have been , some which at this present hour are , in real obligation of ecclesiastical duty , and possession of commodity thereto belonging , even in sundry particular churches within the land ; some there are amongst them which will not so much abridge their liberty , as to be fastened or tyed unto any place ; some which have bound themselves to one place , onely for a time , and that time being once expired , have afterwards voluntarily given unto other places the like experience and tryal of them . all this i presume they would not doe , if their perswasion were as strict as their words pretend . but for the avoiding of these and such other the like confusisions as are incident unto the cause and question whereof we presently treat , there is not any thing more material , than first to separate exactly the nature of the ministery from the use and exercise thereof ; secondly , to know that the onely true and proper act of ordination is , to invest men with that power which doth make them ministers by consecrating their persons to god , and his service in holy things during term of life , whether they exercise that power or no ; thirdly , that to give them a title or charge where to use their ministery , concerneth not the making , but the placing of god's ministers ; and therefore the lawes which concern onely their election or admission unto place of charge , are not applyable to infringe any way their ordination ; fourthly , that as oft as any antient constitution , law , or cannon is alledged , concerning either ordinations or elections , we forget not to examine whether the present case be the same which the antient was , or else do contain some just reason for which it cannot admit altogether the same rules which former affairs of the church , now altered , did then require . in the question of making ministers without a title , which to doe , they say , is a thing unlawful , they should at the very first have considered what the name of title doth imply , and what affinity or coherence ordinations have with titles , which thing observed would plainly have shewed them their own errour . they are not ignorant , that when they speak of a title , they handle that which belongeth to the placing of a minister in some charge , that the place of charge wherein a minister doth execute his office , requireth some house of god for the people to resote unto , some definite number of souls unto whom he there administreth holy things , and some certain allowance whereby to sustain life , that the fathers at the first named oratories , and houses of prayer ; titles , thereby signifying how god was interessed in them , and held them as his own possessions ? but because they know that the church had ministers before christian temples and oratories were , therefore some of them understand by a title , a definite congregation of people onely , and so deny that any ordination is lawful which maketh ministers , that have no certain flock to attend : forgetting how the seventy whom christ himself did ordain ministers , had their calling in that manner , whereas yet no certain charge could be given them . others referring the name of a title , especially to the maintenance of the minister , infringe all ordinations made , except they which receive orders be first intituled to a competent ecclesiastical benefice , and ( which is most ridiculously strange ) except besides their present title to some such benefice , they have likewise some other title of annual rent or pension whereby they may he relieved , in case through infirmity , sickness , or other lawful impediment they grow unable to execute their ecclesiastical function . so that every man lawfully ordained must bring a bow which hath two strings , a title of present right , and another to provide for future possibility or chance . into these absurdities and follies they slide by mis-conceiving the true purpose of certain canons , which indeed have forbidden to ordain a minister without a title , not that simply it is unlawful so to ordain , but because it might grow to an inconvenience , if the church did not somewhat restrain that liberty . for , seeing they which have once received ordination ; cannot again return into the world , it behoveth them which ordain , to fore-see how such shall be afterwards able to live , lest their poverty and destitution should redound to the disgrace and discredit of their calling . which evil prevented , those very lawes which in that respect forbid , doe expresly admit ordinations to be made at large , and without title , namely , if the party so ordained have of his own for the sustenance of this life ; or if the bishop which giveth him orders will finde him competent allowance , till some place of ministration , from whence his maintenance may arise , be provided for him ; or if any other fit and sufficient means be had against the danger before mentioned . absolutely therefore it is not true , that any antient canon of the church which is , or ought to be with us in force , doth make ordinations at large unlawful , and , as the state of the church doth stand , they are most necessary . if there be any conscience in men ●ouching that which they write or speak , let them consider , as well what the present condition of all things doth now suffer , as what the ordinances of former ages did appoint , as well the weight of those causes , for which our affairs have altered , as the reasons in regard whereof our fathers and predecessours did sometime strictly and severely keep that , which for us to observe now , is neither meet nor alwayes possible . in this our present cause and controversie , whether any not having title of right to a benefice , may be lawfully ordained a minister , is it not manifest in the eyes of all men , that whereas the name of a benefice doth signifie some standing ecclesiastical revenue , taken out of the treasure of god , and allotted to a spiritual person , to the end he may use the same , and enjoy it as his own for term of life , unless his default cause deprivation ? the clergy for many years after christ had no other benefices , but onely their canonical portions , or monethly dividends allowed them according to their several degrees and qualities , out of the common stock of such gifts , oblations , and tythes , as the servour of christian piety did then yield . yea , that even when ministers had their churches and flocks assigned unto them in several ; yet for maintenance of life , their former kinde of allowance continued , till such time as bishops and churches cathedral being sufficiently endowed with lands , other presbyters enjoyed in stead of their first benefices , the tythes and profits of their own congregations whole to themselves ? is it not manifest , that in this realm , and so in other the like dominions , where the tenure of lands is altogether grounded on military laws , and held as in fee under princes which are not made heads of the people by force of voluntary election , but born the soveraign lords of those whole and intire territories , which territories their famous progenitours obtaining by way of conquest , retained what they would in their own hands , and divided the rest to others with reservation of soveraignty and capital interest ; the building of churches , and consequently the assigning of either parishes or benefices was a thing impossible without consent of such as were principal owners of land ; in which consideration , for their more encouragement hereunto , they which did so farr benefit the church , had by common consent granted ( as great equity and reason was ) a right for them and their heirs till the worlds end , to nominate in those benefices men whose quality the bishop allowing might admit them thereunto ? is it not manifest , that from hence inevitably such inequality of parishes hath grown , as causeth some through the multitude of people which have refort unto one church , to be more than any one man can welld , and some to be of that nature by reason of chappels annex'd , that they which are incumbents should wrong the church , if so be they had not certain stipendaries under them , because where the crops of the profit or benefice is but one , the title can be but one man 's , and yet the charge may require more ? not to mention therefore any other reason whereby it may clearly appear how expedient it is , and profitable for this church to admit ordinations without title , this little may suffice to declare , how impertinent their allegations against it are out of antient canons , how untrue their confident asseverations , that onely through negligence of popish prelates the custom of making such kinde of ministers hath prevailed in the church of rome against their canons , and that with us it is expresly against the laws of our own government , when a minister doth serve as a stipendary curate , which kinde of service neverthelesse the greatest rabbins of that part doe altogether follow . for howsoever they are loath peradventure to be named curates , stipendaries they are , and the labour they bestow is in other mens cures ; a thing not unlawfull for them to doe , yet unseemly for them to condemn which practise it . i might here discover the like over-sight throughout all their discourses , made in behalf of the peoples pretended right to elect their ministers before the bishop may lawfully ordain . but because we have otherwhere at large disputed of popular elections , and of the right of patronage , wherein is drowned whatsoever the people under any pretence of colour may seem to challenge about admission and choyce of the pastours that shall feed their souls , i cannot see what one duty there is which alwayes ought to goe before ordination , but onely care of the partie's worthinesse , as well for integrity and vertue , as knowledge , yea ; for vertue more : in as much as defect of knowledge may sundry wayes be supplyed , but the scandal of vicious and wicked life is a deadly evil . . the truth is , that of all things hitherto mentioned , the greatest is that threefold blott or blemish of notable ignorance , unconscionable absence from the cures whereof men have taken charge , and unsatiable hunting after spiritual preferments without either care or conscience of the publick good . whereof , to the end that we may consider as in gods own sight and presence with all uprightnesse , sincerity , and truth , let us particularly weigh and examine in every of them ; first , how farr forth they are reproveable by reasons and maxims of common right ; secondly , whether that which our laws do permit , be repugnant to those maxims , and with what equity we ought to judge of things practised in this case , neither on the one hand defending that which must be acknowledged out of square , nor on the other side condemning rashly whom we list , for whatsoever we disallow . touching arguments therefore , taken from the principles of common right , to prove that ministers should a be learned , that they ought to be b resident upon their livings , and that c more than one onely benefice or spiritual living may not be granted unto one man ; the first , because saint paul requireth in a minister ability to teach , to convince , to distribute the word rightly , because also the lord himself hath protested , they shall be no priests to him which have rejected knowledge , and because if the blince lead the blinde , they must both needs fall into the pit ; the second , because teachers are shepherds , whose flocks can be at no time secure from danger ; they are watchmen whom the enemy doth alwayes besiege , their labours in the word and sacraments admit no intermission ; their duty requireth instruction and conference with men in private ; they are the living oracles of god , to whom the people must resort for counsel ; they are commanded to be patterns of holiness , leaders , feeders , supervisors amongst their own ; it should be their grief , as it was the apostles , to be absent , though necessarily , from them over whom they have taken charge ; finally , the last , because plurality and residence are opposite , because the placing of one clark in two churches is a point of merchandize and filthy gain , because no man can serve two masters , because every one should remain in that vocation whereto he is called ; what conclude they of all this ? against ignorance , against non-residence , and against plurality of livings , is there any man so raw and dull , but that the volumes which have been written , both of old and of late , may make him in so plentiful a cause eloquent ? for if by that which is generally just and requisite , we measure what knowledge there should be in a minister of the gospel of christ ; the arguments which light of nature offereth ; the laws and statutes which scripture hath ; the canons that are taken out of antient synods ; the decrees , and constitutions of sincerest times ; the sentences of all antiquity ; and in a word , even every man's full consent and conscience is against ignorance in them that have charge and cure of souls . again , what availeth it if we be learned and not faithful ? or what benefit hath the church of christ , if there be in us sufficiency without endeavour or care to do that good which our place exacteth ? touching the pains and industry therefore , wherewith men are in conscience bound to attend the work of their heavenly calling , even as much as in them lyeth , bending thereunto their whole endeavour , without either fraud , sophistication , or guile ; i see not what more effectual obligation or bond of duty there should be urged , than their own onely vow and promise made unto god himself , at the time of their ordination . the work which they have undertaken requireth both care and fear . their sloth that negligently perform it maketh them subject to malediction . besides , we also know that the fruit of our pains in this function is life both to our selves and others . and doe we yet need incitements to labour ? shall we stop our ears both against those conjuring exhortations which apostles , and against the fearful comminations which prophets , have uttered out of the mouth of god ; the one for prevention , the other for reformation of our sluggishness in this behalf ? saint paul , attend to your selves , and to all the flock , whereof the holy ghost hath made you over-seers , to feed the church of god , which he hath purchased with his own blood . again , i charge thee before god , and the lord iesus christ , which shall judge the quick and the dead at his comming , preach the word ; be instant . jeremiah , we unto the pastors that destroy and scatter the sheep of my pasture ; i will visit you for the wickedness of your works , saith the lord ; the remnant of my sheep , i will gather together out of all countries , and will bring them again so their solds , they shall grew and increase , and i will set up shepherds over them which shall feed them . ezekiel , should not the shepherds , should they not feed the flocks ? ye eat the fat , andye clothe your selves with the wool , but the weak ye have not strengthened , the sick ye have not cured , neither have ye bound up the broken , nor brought home again that which was driven away ; ye have not inquired after that which was lost , but with cruelty and rigour ye have ruled . and verse . wheresore , as i live , i will require , &c. nor let us think to excuse our selves , if haply we labour , though it be at random , and sit not altogether idle abroad . for we are bound to attend that part of the flock of christ , whereof the holy ghost hath made us over-seers . the residence of ministers upon their own peculiar charge , is by so much the rather necessary ; for that absenting themselves from the place where they ought to labour , they neither can do the good which is looked for at their hands , nor reap the comfort which sweetneth life to them that spend it in these cravels upon their own . for it is in this , as in all things else , which are through private interest dearer than what concerneth either others wholly , or us but in part , and according to the rate of a general regard . as for plurality , it hath not onely the same inconveniencies which are observed to grow by absence ; but over and besides , at the least in common construction , a shew of that worldly humour which men do think should not raign so high . now from hence their collections are , as followeth , first , a repugnancy or contradiction between the principles of common right , and that which our laws in special considerations have allowed : secondly , a nullitie or frustration of all such acts , as are by them supposed opposite to those principles , and invalidity in all ordinations of men unable to preach , and in all dispensations which mitigate the law of common right for the other two : and why so ? forsooth , because whatsoever we do in these three cases , and not by vertue of common-right , we must yield it of necessity done by warrant of peculiar right or priviledge . now a priviledge is said to be that , that for favour of certain persons commeth forth against common-right ; things prohibited are dispensed with , because things permitted are dispatched by common-right , but things forbidden require dispensations . by which descriptions of a priviledge and dispensation it is ( they say ) apparent , that a priviledge must licence and authorize the same , which the law against ignorance , non-residence , and plurality doth infringe ; and so be a law contrariant or repugnant to the law of nature , and the law of god , because all the reasons whereupon the positive law of man against these three was first established , are taken and drawn from the law of nature , and the law of god. for answer whereunto , we will but lead them to answer themselves . first therefore if they will grant ( as they must ) that all direct oppositions of speech require one and the self-same subject , to be meant on both parts where opposition is pretended , it will follow that either the maxims of common right do inforce the very same things not to be good which we say are good , grounding our selves on the reasons , by vertue whereof our priviledges are established ; or if the one doe not reach unto that particular subject for which the other have provided , then is there no contradiction between them . in all contradictions , if the one part be true , the other eternally must be false . and therefore if the principles of common right , do at any time truly inforce that particular not to be good , which priviledges make good , it argueth invincibly , that such priviledges have been grounded upon errour . but to say , that every priviledge is opposite unto the principles of common right , because it dispenseth with that which common right doth prohibite , hath gross absurdity . for the voyce of equity and justice is , that a general law doth never derogate from a special priviledge ; whereas if the one were contrariant to the other , a general law being in force should alwayes dissolve a priviledge . the reason why many are deceived by imagining that so it should doe , and why men of better insight conclude directly it should not , doth rest in the subject or matter it self , which matter indefinitely considered in laws of common right , is in priviledges considered as beset and limited with special circumstances , by means whereof to them which respect it , but by way of generality , it seemeth one and the same in both , although it be not the same , if once we descend to particular consideration thereof . precepts do alwayes propose perfection , not such as none can attain unto , for then in vain should we ask or require it at the hands of men , but such perfection as all men must aim at ; to the end that as largely as human providence and care can extend it , it may take place . moral laws are the rules of politick ; those politick , which are made to order the whole church of god , rules unto all particular churches ; and the laws of every particular church , rules unto every particular man , within the body of the same church ; now , because the higher we ascend in these rules , the further still we remove from those specialities , which being proper to the subject , whereupon our actions must work , are therefore chiefly considered by us , by them least thought upon that wade altogether in the two first kindes of general directions , their judgment cannot be exact and sound , concerning either laws of churches , or actions of men in particular , because they determine of effects by a part of the causes onely out of which they grow , they judge conclusions by demipremises and half-principles , they lay them in the balance stript from those necessary material circumstances which should give them weight , and by shew of falling uneven with the scale of most universal and abstracted rules , they pronounce that too light which is not , if they had the skill to weigh it . this is the reason why men altogether conversant in study do know how to teach , but not how to govern ; men experienced contrariwise govern well , yet know not which way to set down orderly the precepts and reasons of that they do . he that will therefore judge rightly of things done , must joyn with his forms and conceits of general speculation , the matter wherein our actions are conversant . for by this shall appear what equity there is in those priviledges and peculiar grants or favours , which otherwise will seem repugnant to justice , and because in themselves considered , they have a shew of repugnancy ; this deceiveth those great clerks , which hearing a priviledge defined to be an especial right brought in by their power and authority , that make it for some publick benefit against the general course of reason , are not able to comprehend how the word against doth import exception , without any opposition at all . for inasmuch as the hand of justice must distribute to every particular what is due , and judge what is due with respect had , no less of particular circumstances than of general rules and axioms ; it cannot fit all sorts with one measure , the wills , counsels , qualities and states of men being divers . for example , the law of common right bindeth all men to keep their promises , perform their compacts , and answer the faith they have given either for themselves , or others . notwithstanding he which bargaineth with one under years , can have no benefit by this allegation , because he bringeth it against a person which is exempt from the common rule . shall we then conclude , that thus to exempt certain men from the law of common right , is against god , against nature , against whatsoever may avail to strengthen and justifie that law before alledged , or else acknowledge ( as the truth is ) that special causes are to be ordered by special rules , that is men grown unto ripe age , disadvantage themselves by bargaining , yet what they have wittingly done , is strong , and in force against them , because they are able to dispose and manage their own affairs , whereas youth for lack of experience and judgement , being easily subject to circumvention , is therefore justly exempt from the law of common-right , whereunto the rest are justly subject . this plain inequality between men of years , and under years , is a cause why equity and justice cannot apply equally the same general rule to both , but ordereth the one by common right , and granteth to the other a special priviledge . priviledges are either transitory or permanent : transitory , such as serve onely some one turn , or at the most extend no farther than to this or that man , with the end of whose natural life they exp●e ; permanent , such as the use whereof doth continue still , for that they belong unto certain kindes of men and causes which never dye . of this nature are all immunities and preheminencies , which , for just considerations , one sort of men enjoyeth above another , both in the church and common-wealth , no man suspecting them of contrariety to any branch of those laws or reasons , whereupon the general right is grounded . now there being general laws and rules whereby it cannot be denied , but the church of god standeth bound to provide , that the ministry may be learned , that they which have charge may reside upon it , and that it may not be free for them in scandalous manner to multiply ecclesiastical livings ; it remaineth in the next place to be examined , what the laws of the church of england do admit , which may be thought repugnant to any thing hitherto alledged , and in what special consideration they seem to admit the same . considering therefore , that to furnish all places of cure in this realm , it is not an army of twelve thousand learned men that would suffice , nor two universities that can always furnish as many as decay in so great a number , nor a fourth part of the livings with cure , that when they fall are able to yield sufficient maintenance for learned men , is it not plain , that unless the greatest part of the people should be left utterly without the publick use and exercise of religion , there is no remedy but to take into the ecclesiastical order , a number of men meanly qualified in respect of learning ? for whatsoever we may imagine in our private closers , or talk for communication-sake at our boords , yea , or write in our books , through a notional conceit of things needful for performance of each man's duty , if once we come from the theory of learning , to take out so many learned men , let them be diligently viewed , out of whom the choice shall be made , and thereby an estimate made , what degree of skill we must either admit , or else leave numbers utterly destitute of guides ; and i doubt not but that men indued with sense of common equity , will soon discern , that , besides eminent and competent knowledge , we are to descend to a lower step , receiving knowledge in that degree which is but tolerable . when we commend any man for learning , our speech importeth him to be more than meanly qualified that way ; but when laws do require learning as a quality , which maketh capable of any function , our measure to judge a learned man by , must be some certain degree of learning , beneath which we can hold no man so qualified . and if every man that listeth may set that degree himself , how shall we ever know when laws are broken , when kept , seeing one man may think a lower degree sufficient , another may judge them unsufficient that are not qualified in some higher degree . wherefore of necessity either we must have some judge , in whose conscience they that are thought and pronounced sufficient , are to be so accepted and taken , or else the law it self is to set down the very lowest degree of fitness that shall be allowable in this kinde . so that the question doth grow to this issue . saint paul requireth learning in presbyters , yea such learning as doth inable them to exhort in doctrine which is sound , and to disprove them that gain-say it . what measure of ability in such things shall serve to make men capable of that kinde of office , he doth not himself precisely determine , but referreth it to the conscience of titus , and others , which had to deal in ordaining presbyters . we must therefore of necessity make this demand , whether the church , lacking such as the apostle would have chosen , may with good conscience take out of such as it hath in a meaner degree of fitness , them that may serve to perform the service of publick prayer , to minister the sacraments unto the people , to solemnize marriage , to visit the sick , and bury the dead , to instruct by reading , although by preaching they be not as yet so able to benefit and feed christ's flock . we constantly hold , that in this case the apostles law is not broken . herequireth more in presbyters than there is found in many whom the church of england alloweth . but no man being tyed unto impossibilities , to do that we cannot we are not bound . it is but a stratagem of theirs therefore , and a very indirect practise , when they publish large declamations to prove that learning is required in the ministry , and to make the silly people believe that the contrary is maintained by the bishops , and upheld by the laws of the land ; whereas the question in truth is not whether learning be required , but whether a church , wherein there is not sufficient store of learned men to furnish all congregations , should do better to let thousands of souls grow savage , to let them live without any publick service of god , to let their children dye unbaptised , to with-hold the benefit of the other sacrament from them , to let them depart this world like pagans , without any thing , so much as readd unto them , concerning the way of life , than , as it doth in this necessity , to make such presbyters as are so farr forth sufficient , although they want that ability of preaching which someothers have . in this point therefore we obey necessity , and of two evils we take the less ; in the rest a publick utility is sought , and in regard thereof some certain inconveniencies tolerated , because they are recompenced with greater good . the law giveth liberty of non-residence for a time to such as will live in universities , if they faithfully there labour to grow in knowledge , that so they may afterwards the more edifie and the better instruct their congregations . the church in their absence is not destitute , the peoples salvation not neglected for the present time , the time of their absence is in the intendment of law bestowed to the churches great advantage and benefit , those necessary helps are procured by it , which turn by many degrees more to the peoples comfort in time to come , than if their pastours had continually abidden with them . so that the law doth hereby provide in some part to remedy and help that evil which the former necessity hath imposed upon the church . for compare two men of equal meanness , the one perpetually resident , the other absent for a space , in such sort as the law permitteth . allot unto both some nine years continuance with cure of souls . and must not three years absence in all probability and likelihood make the one more profitable than the other unto god's church , by so much as the increase of his knowledge , gotten in those three years , may adde unto six years travel following ? for the greater ability there is added to the instrument , wherewith it pleaseth god to save souls , the more facility and expedition it hath to work that which is otherwise hardlier effected . as much may be said touching absence granted to them that attend in the families of bishops ; which schools of gravity , discretion , and wisedom , preparing men against the time that they come to reside abroad , are , in my poor opinion , even the fittest places that any ingenious minde can with to enter into , between departure from private study and access to a more publick charge of souls ; yea no less expedient , for men of the best sufficiency and most maturity in knowledge , than the very universities themselves are for the ripening of such as be raw . imployment in the families of noble-men , or in princes courts , hath another end , for which the self-same leave is given , not without great respect to the good of the whole church . for assuredly , whosoever doth well observe , how much all inferiour things depend upon the orderly courses and motions of those greater orbes , will hardly judge it either meet or good , that the angels assisting them should be driven to betake themselves unto other stations , although by nature they were not tyed where now they are , but had charge also elsewhere , as long as their absence from beneath might but tolerably be supplyed , and by descending their rooms above should become vacant . for we are not to dream in this case of any platform , which bringeth equally high and low unto parish churches , nor of any constraint to maintain at their own charge men sufficient for that purpose ; the one so repugnant to the majesty and greatness of english nobility , the other so improbable and unlikely to take effect , that they which mention either of both , seem not indeed to have conceived what either is . but the eye of law is the eye of god , it looketh into the hearts and secret dispositions of men , it beholdeth how far one star differeth from another in glory , and , as mens several degrees require , accordingly it guideth them ; granting unto principal personages priviledges correspondent to their high estates , and that not onely in civil , but even in spiritual affairs , to the end they may love that religion the more , which no way seeketh to make them vulgar , no way diminisheth their dignity and greatness , but to do them good doth them honour also , and by such extraordinary favours teacheth them to be in the church of god the same which the church of god esteemeth them , more worth than thousands . it appeareth therefore in what respect the laws of this realm have given liberty of non-residence to some , that their knowledge may be increased , and their labours by that mean be made afterwards the more profitable to others , left the houses of great-men should want that daily exercise of religion , wherein their example availeth as much , yea many times peradventure more than the laws themselves , with the common sort . a third thing respected both in permitting absence , and also in granting to some that liberty of addition or plurality , which necessarily inforceth their absence , is a meer both just and conscionable regard , that as men are in quality , and as their services are in weight for the publick good , so likewise their rewards and encouragements by special priviledge of law might somewhat declare how the state it self doth accept their pains , much abhorring from their bestial and savage rudeness , which think that oxen should onely labour , and asses feed . thus to readers in universities , whose very paper and book-expences , their antient allowances and stipends at this day do either not , or hardly sustain ; to governours of colledges , lest the great overplus of charges necessarily inforced upon them , by reason of their place , and very slenderly supplyed , by means of that change in the present condition of things , which their founders could not fore-see ; to men called away from their cures , and imployed in weightier business , either of the church or common-wealth , because to impose upon them a burthen which requireth their absence , and not to release them from the duty of residence , were a kinde of cruel and barbarous injustice ; to residents in cathedral churches , or upon dignities ecclesiastical , forasmuch as these being rooms of greater hospitality , places of more respect and consequence than the rest , they are the rather to be furnished with men of best quality , and the men for their qualities-sake , to be favoured above others : i say unto all these , in regard of their worth and merit , the law hath therefore given leave while themselves bear weightier burthens , to supply inferiour by deputation ; and in like consideration partly , partly also by way of honour to learning , nobility and authority permitteth , that men which have taken theological degrees in schools , the suffragans of bishops , the houshold-chaplains of men of honour , or in great offices , the brethren and sonnes of lords temporal , or of knights , if god shall move the hearts of such to enter at any time into holy orders , may obtain to themselves a faculty or licence to hold two ecclesiastical livings , though having cure ; any spiritual person of the queens councel , three such livings ; her chaplains , what number of promotions her self in her own princely wisedom thinketh good to bestow upon them . but , as it fareth in such cases , the gap which for just considerations we open unto some , letteth in others through corrupt practises , to whom such favours were neither meant , nor should be communicated . the greatness of the harvest , and the scarcity of able work-men hath made it necessary , that law should yield to admit numbers of men but slenderly and meanly qualified . hereupon , because whom all other worldly hopes have forsaken , they commonly reserve ministerial vocation , as their last and surest refuge ever open to forlorn men ; the church that should nourish them , whose service she needeth , hath obtruded upon her their service , that know not otherwise how to live and sustain themselves . these finding nothing more easie than means to procure the writing of a few lines to some one or other which hath authority ; and nothing more usual than too much facility in condescending unto such requests ; are often received into that vocation whereunto their unworthiness is no small disgrace . did any thing more aggravate the crime of ieroboams prophane apostasie , than that he chose to have his clergy the scum and reffuse of his whole land ; let no man spare to tell it them , they are not faithful towards god , that burthen wilfully his church with such swarms of unworthy creatures . i will not say of all degrees in the ministry , that which saint chrysostom doth of the highest , he that will undertake so weighty a charge , had need to be a man of great understanding , rarely assisted with divine grace , for integrity of manners , purity of life , and for all other vertues , to have in him more than a man ; but surely this i will say with chrysostom , we need not doubt whether god be highly displeased with us , or what the cause of his anger , is , if things of so great fear and holiness at are the least and lowest duties of his service , be thrown wilfully on them whose not onely mean , but bad and scandalous quality doth defile whatsoever they handle . these eye-sores and blemishes , in continual attendants about the service of god's sanctuary , do make them every day fewer that willingly resort unto it , till at length all affection and zeal towards god be extinct in them through a wearisom contempt of their persons , which for a time onely live by religion , and are for recompence , in fine , the death of the nurse that feedeth them . it is not obscure , how incommodious the church hath found both this abuse of the liberty , which law is enforced to grant ; and not onely this , but the like abuse of that favour also , which law in other considerations already mentioned , affordeth toucheth residence and plurality of spiritual livings . now that which is practised corruptly to the detriment and hurt of the church , against the purpose of those very laws , which notwithstanding are pretended in defence and justification thereof , we must needs acknowledge no less repugnant to the grounds and principles of common right , than the fraudulent proceedings of tyrants , to the principles of just soveraignty . howbeit not so those special priviledges which are but instruments wrested and forced to serve malice . there is in the patriark of heathen philosophers this precept , a let us husbandman nor no handy-craftsman be a priest. the reason whereupon he groundeth , is a maxim in the law of nature● it importeth greatly the good of all men that god be reverenced , with whose honour it standeth not that they which are publickly imployed in his service should live of base and manuary trades . now compare herewith the apostle's words , b ye know that these hands have ministred to my necessities , and them that are with me . what think we ? did the apostle any thing opposite herein , or repugnant to the rules and maxims of the law of nature ? the self-same reasons that accord his actions with the law of nature , shall declare our priviledges and his laws no less consonant . thus therefore we see , that although they urge very colourably the apostles own sentences , requiring that a minister should be able to divide rightly the word of god , that they who are placed in charge should attend unto it themselves , which in absence they cannot do , and that they which have divers cures must of necessity be absent from some , whereby the law apostolick seemeth apparently broken , which law requiring attendance cannot otherwise be understood , than so as to charge them with perpetual residence : again , though in every of these causes , they infinitely heap up the sentences of fathers , the decrees of popes , the antient edicts of imperial authority , our own national laws and ordinances prohibiting the same , and grounding evermore their prohibitions , partly on the laws of god , and partly on reasons drawn from the light of nature , yet hereby to gather and inferr contradiction between those laws which forbid indefinitely , and ours which in certain cases have allowed the ordaining of sundry ministers , whose sufficiency for learning is but mean ; again , the licensing of some to be absent from their flocks , and of others to hold more than one onely living which hath cure of souls , i say , to conclude repugnancy between these especial permissions , and the former general prohibitions , which set not down their own limits , is erroneous , and the manifest cause thereof ignorance in differences of matter which both sorts of law concern . if then the considerations be reasonable , just and good , whereupon we ground whatsoever our laws have by special right permitted ; if onely the effects of abused priviledges be repugnant to the maxims of common right , this main foundation of repugnancy being broken , whatsoever they have built thereupon falleth necessarily to the ground . whereas therefore , upon surmise , or vain supposal of opposition between our special , and the principles of common right , they gather that such as are with us ordained ministers , before they can preach , be neither lawfull , because the laws already mentioned forbid generally to create such , neither are they indeed ministers , although we commonly so name them , but whatsoever they execute by vertue of such their pretended vocation is void● that all our grants and tolerations , as well of this as the rest , are frustrate and of no effect ; the persons that enjoy them possess them wrongfully , and are deprivable at all hours ; finally , that other just and sufficient remedy of evils there can be none , besides the utter abrogations of these our mitigations , and the strict establishment of former ordinances to be absolutely executed whatsoever follow : albeit the answer already made in discovery of the weak and unsound foundation whereupon they have built these erroneous collections may be thought sufficient ; yet because our desire is rather to satisfie , if it be possible , than to shake them off , we are with very good will contented to declare the causes of all particulars more formally and largely than the equity of our own defence doth require . there is crept into the mindes of men , at this day , a secret pernicious and pestilent conceit , that the greatest perfection of a christian man doth consist in discovery of other mens faults , and in wit to discourse of our own profession . when the world most abounded with just , righteous and perfect men , their chiefest study was the exercise of piety , wherein for their safest direction , they reverently hearkened to the readings of the law of god , they kept in minde the oracles and aphorismes of wisdom , which tended unto vertuous life ; if any scruple of conscience did trouble them for matter of actions which they took in hand , nothing was attempted before counsel and advice were had , for fear left rashly they might offend . we are now more confident , not that our knowledge and judgement is riper , but because our desires are another way . their scope was obedience , ours is skill ; their endeavour was reformation of life , * our vertue nothing but to hear gladly the reproof of vice ; they in the practice of their religion wearied chiefly their knees and hands , we especially our ears and tongues . we are grown , as in many things else , so in this , to a kinde of intemperancy , which ( onely sermons excepted ) hath almost brought all other duties of religion out of taste . at the least they are not in that account and reputation which they should be . now , because men bring all religion in a manner to the onely office of hearing sermons , if it chance that they who are thus conceited do imbrace any special opinion different from other men , the sermons that relish not that opinion , can in no wise please their appetite . such therefore as preach unto them , but hit not the string they look for , are rejected as unprofitable ; the rest as unlawful , and indeed no ministers , if the faculty of sermons want . for why● a minister of the word should , they say , be able rightly to divide the word . which apostolick canon many think they do well observe , when in opening the sentences of holy scripture , they draw all things favourably spoken unto one side ; but whatsoever is reprehensive , severe , and sharp , they have others on the contrary part whom that must always concern , by which their over-partial and un-indifferent proceeding , while they thus labour amongst the people to divide the word , they make the word a mean to divide and distract the people . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to divide aright , doth note in the apostle's writings , soundness of doctrine onely ; and in meaning standeth opposite to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the broaching of new opinions against that which is received . for questionless the first things delivered to the church of christ , were pure and sincere truth . which whosoever did afterwards oppugn , could not chuse but divide the church into two moyeties ; in which division , such as taught what was first believed , held the truet part ; the contrary side , in that they were teachers of novelty , etred . for prevention of which evil there are in this church many singular and well devised remedies , as namely the use of subscribing to the articles of religion before admission of degrees to learning , or to any ecclesiastical living , the custom of reading the same articles , and of approving them in publick assemblies wheresoever men have benefices with cure of souls , the order of testifying under their hands allowance of the book of common-prayer , and the book of ordaining ministers ; finally , the discipline and moderate severity which is used either in other wise correcting or silencing them that trouble and disturb the church with doctrines which tend unto innovation ; it being better that the church should want altogether the benefit of such mens labours , than endure the mischief of their inconformity to good laws ; in which case , if any repine at the course and proceedings of justice , they must learn to content themselves with the answer of m. curius , which had sometime occasion to cutt off one from the body of the common-wealth : in whose behalf because it might have been pleaded that the party was a man serviceable , he therefore began his judicial sentence with this preamble , non esse open reip. to cive qui parers nescires ; the common-wealth needeth men of quality , yet never those men which have not learned how to obey . but the wayes which the church of england hath taken to provide that they who are teachers of others may do it soundly , that the purity and unity as well of antient discipline as doctrine may be upheld , that avoiding singularities , we may all glorifie god with one heart and one tongue , they of all men do least approve , that do most urge the apostle's rule and canon . for which cause they alledge it not so much to that purpose , as to prove that unpreaching ministers ( for so they term them ) can have no true nor lawful calling in the church of god. sainst augustine hath said of the will of man , that simply to will proceedeth from nature , but our well-willing is from grace . we say as much of the minister of god publickly to teach and instruct the church , is necessary in every ecclesiastical minister ; but ability to teach by sermons is a grace which god doth bestow on them whom he maketh sufficient for the commendable discharge of their duty . that therefore wherein a minister differeth from other christian men , is not as some have childishly imagined , the sound-preaching of the word of god , but as they are lawfully and truly governours to whom authority of regiment is given in the common-wealth , according to the order which polity hath set , so canonical ordination in the church of christ is that which maketh a lawful minister , as touching the validity of any act which appertaineth to that vocation . the cause why saint paul willed timothy not to be over-hasty in ordaining ministers , was ( as we very well may conjecture ) because imposition of hands doth consecrate and make them ministers , whether they have gifts and qualities fit for the laudable discharge of their duties or no. if want of learning and skill to preach did frustrate their vocation , ministers ordained before they be grown unto that maturity should receive new ordination , whensoever it chanceth that study and industry doth make them afterwards more able to perform the office ; than which what conceit can be more absurd ? was not saint augustine himself contented to admit an assistant in his own church , a man of small erudition , considering that what he wanted in knowledge was supplyed by those vertues which made his life a better orator , than more learning could make others whose conversation was less holy ? were the priests , fithence moses , all able and sufficient men , learnedly to interpret the law of god ? or was it ever imagined , that this defect should frustrate what they executed , and deprive them of right unto any thing they claimed by vertue of their priesthood ? surely , as in magistrates , the want of those gifts which their office ne●deth , is cause of just imputation of blame in them that wittingly chuse unsufficient and unfit men when they might do otherwise , and yet therefore is not their choyce void , nor every action of magistracy frustrate in that respect : so whether it were of necessity , or even of very carelesnesse , that men unable to preach should be taken in pastours rooms ; nevertheless , it seemeth to be an errour in them which think that the lack of any such perfection defeateth utterly their calling . to wish that all men were so qualified , as their places and dignities require , to hate all sinister and corrupt dealings which hereunto are any lett , to covet speedy redress of those things whatsoever , whereby the church sustaineth detriment , these good and vertuous desires cannot offend any but ungodly mindes . notwithstanding , some in the true vehemency , and others under the fair pretence of these desires , have adventured that which is strange , that which is violent and unjust . there are which in confidence of their general allegations concerning the knowledge , the residence and the single livings of ministers , presume not onely to annihilate the solemn ordinations of such as the church must of force admit , but also to urge a kinde of universal proscription against them , to set down articles , to draw commissions , and almost to name themselves of the quorum , for inquiry into mens estates and dealings , whom at their pleasure they would deprive and make obnoxious to what punishment themselves list , and that not for any violation of laws , either spiritual or civil , but because men have trusted the laws too farr , because they have held and enjoyed the liberty which law granteth , because they had not the wit to conceive as these men do , that laws were made to intrap the simple , by permitting those things in shew and appearance , which indeed should never take effect , for as much as they were but granted with a secret condition to be put in practice , if they should be profitable and agreeable with the word of god : which condition failing in all ministers that cannot preach , in all that are absent from their livings , and in all that have divers livings ( for so it must be presumed , though never as yet proved ) therefore as men which have broken the law of god and nature , they are depriveable at all hours . is this the justice of that discipline whereunto all christian churches must stoop and sabmit themselves ? is this the equity wherewith they labour to reform the world ? i will no way diminish the force of those arguments whereupon they ground . but if it please them to behold the visage of these collections in another glass , there are civil as well as ecclesiastical unsufficiencies , non residences , and pluralities● yea , the reasons which light of nature hath ministred against both , are of such affinity , that much less they cannot inforce in the one than in the other . when they that bear great offices be persons of mean worth , the contempt whereinto their authority groweth a weakneth the sinews of the whole state. notwithstanding , where many governours are needful , and they not many , whom their quality cannot commend , b the penury of worthier must needs make the meaner sort of men capable : cities , in the absence of their governours , are as ships wanting pilots at sea. but were it therefore c justice to punish whom superiour authority pleaseth to call from home , or alloweth to be employed elsewhere ? in committing d many offices to one man , there are apparently these inconveniencies ; the common wealth doth lose the benefit of serviceable men , which might be trained up in those rooms ; it is not easie for one man to discharge many mens duties well , in service of warfare and navigation , were it not the overthrow of whatsoever is undertaken , if one or two should ingrosse such offices , as being now divided into many hands , are discharged with admirable both perfection and expedition ? nevertheless , be it farr from the minde of any reasonable man to imagine , that in these considerations princes either ought of duty to revoke all such kinde of grants , though made with very special respect to the extraordinary merit of certain men , or might in honour demand of them the resignation of their offices , with speech to this or the like effect ; for as much as you a. b. by the space of many years , have done us that faithful service in most important affairs , for which we alwayes judging you worthy of much honour , have therefore committed unto you from time to time , very great and weighty offices , which hitherto you quietly enjoy : we are now given to understand , that certain grave and learned men have found in the books of antient philosophers , divers arguments drawn from the common light of nature , and declaring the wonderful discommodities which use to grow by dignities thou heaped together in one ; for which cause , at this present , moved in conscience and tender care for the publick good , we have summoned you hither , to dis-possess you of those places , and to depose you from those rooms , whereof indeed by vertue of our own grant , yet against reason , you are possessed . neither ought you , or any other to think us rash , light , or inconstant , in so doing : for we tell you plain , that herein we will both say and do that thing which the noble and wife emperour sometime both said and did , in a matter of fair less weight than this ; quod inconsultò semicus , consultò revocamus , that which we unadvisedly have done , we advisedly will revoke and undo . now for mine own part , the greatest harm i would wish them who think that this were consonant with equity and right , is , that they might but live where all things are with such kinde of justice ordered , till experience have taught them to see their errour . as for the last thing which is incident into the cause whereof we speak , namely , what course were the best and safest whereby to remedy such evils as the church of god may sustain , where the present liberty of law is turned to great abuse , some light we may receive from abroad , not unprofitable for direction of god's own sacred house and family . the romans being a people full of generosity , and by nature courteous , did no way more shew their gentle disposition , than by easie condescending to see their bond-men at liberty . which benefit in the happier and better times of the common-wealth , was bestowed for the most part as an ordinary reward of vertue , some few now and then also purchasing freedom with that which their just labours could gain , and their honest frugality save . but as the empire daily grew up , so the manners and conditions of men decayed , wealth was honoured , and vertue not cared for , neither did any thing seem opprobrious out of which there might arise commodity and profit , so that it could be no marvel in a state thus far degenerated , if when the more ingenious sort were become base , the baser laying aside all shame and face of honesty , did , some by robberies , burglaries , and prostitution of their bodies , gather wherewith to redeem liberty ; others obtain the same at the hands of their lords , by serving them as vile instruments in those attempts , which had been worthy to be revenged with ten thousand deaths . a learned , judicious , and polite historian , having mentioned so soul disorders , giveth his judgment and censure of them in this sort : such eye-sores in the common-wealth have occasioned many vertuous mindes to condemn altogether the custom of granting liberty to any bond-slave , for as much as it seemed a thing absurd , that a people which commands all the world should consist of so vile reffuse . but neither is this the onely customs wherein the profitable inventions of former are depraved by later ages ; and for my self i am not of their opinion that wish the abrogation of so grosly used customs , which abrogation might peradventure be cause of greater inconveniencies ensuing : but as much as may be i would rather advise that redress were sought , through the careful providence of chief rulers and over-seers of the common-wealth , by whom a yearly survey being made of all that are manumissed , they which seem worthy might be taken and divided into tribes with other citizens , the rest dispersed into colonies abroad , or otherwise disposed of , that the common-wealth might sustain neither harm nor disgrace by them . the ways to meet with disorders growing by abuse of laws , are not so intricate and secret , especially in our case , that men should need either much advertisement or long time for the search thereof . and if counsel to that purpose may seem needful , this church ( god be thanked ) is not destitute of men endued with ripe judgment , whensoever any such thing shall be thought necessary . for which end , at this present , to propose any special inventions of my own , might argue in a man of my place and calling more presumption perhaps than wit. i will therefore leave it intire unto graver consideration , ending now with request onely and most earnest sute ; first , that they which give ordination , would , as they tender the very honour of jesus christ , the safety of men , and the endless good of their own souls , take heed , lest unnecessarily , and through their default the church be found worse , or less furnished than it might be : secondly , that they which by right of patronage have power to present unto spiritual livings , and may in that respect much damnifie the church of god , would , for the ease of their own account in that dreadful day , somewhat consider what it is to betray for gain the souls which christ hath redeemed with blood , what to violate the sacred bond of fidelity and solemn promise , given at the first to god and his church by them , from whose original interest together with the self-same title of right , the same obligation of duty likewise is descended : thirdly , that they unto whom the granting of dispensations is committed , or which otherwise have any stroke in the disposition of such preferments as appertsin unto learned men , would bethink themselves what it is to respect any thing either above or besides merit , considering how hardly the world taketh it , when to men of commendable note and quality there is so little respect had , or so great unto them whose deserts are very mean , that nothing doth seem more strange than the one sort , because they are not accounted of , and the other because they are ; it being every man's hope and expectation in the church of god , especially that the onely purchace of greater rewards should be alwayes greater deserts , and that nothing should ever be able to plant a thorn where a vine ought to grow : fourthly , that honourable personages , and they , who by vertue of any principal office in the common-wealth are inabled to qualifie a certain number , and make them capable of favours or faculties above others , suffer not their names to be abused , contrary to the true intent and meaning of wholsom laws , by men in whom there is nothing notable besides covetousness and ambition : fifthly , that the graver and wiser sort in both universities , or whosoever they be , with whose approbation the marks and recognizances of all learning are bestowed , would think the apostle's caution against unadvised ordinations not impertinent or unnecessary to be born in minde , even when they grant those degrees of schools , which degrees are not gratia gratis data , kindnesses bestowed by way of humanity , but they are gratiae gratum sacientes , favours which always imply a testimony given to the church and common-wealth , concerning mens sufficiency for manners and knowledge ; a testimony , upon the credit whereof sundry statutes of the realm are built ; a testimony so far available , that nothing is more respected for the warrant of divers mens abilitie to serve in the affairs of the realm ; a testimony wherein if they violate that religion wherewith it ought to be always given , and thereby do induce into errour such as deem it a thing uncivil to call the credit thereof in question , let them look that god shall return back upon their heads , and cause them in the state of their own corporations to feel either one way or other the punishment of those harms , which the church through their negligence doth sustain in that behalf : finally , and to conclude , that they who enjoy the benefit of any special indulgence or favour which the laws permit , would as well remember what in duty towards the church , and in conscience towards god they ought to do , as what they may do by using of their own advantage whatsoever they see tolerated ; no man being ignorant that the cause why absence in some cases hath been yielded unto , and in equity thought sufferable , is the hope of greater fruit through industry elsewhere ; the reason likewise wherefore pluralities are allowed unto men of note , a very soveraign and special care , that as fathers in the antient world did declare the preheminence of priority in birth , by doubling the worldly portions of their first-born ; so the church by a course not unlike in assigning mens rewards , might testifie an estimation had proportionably of their vertues , according to the antient rule apostolick , they which excel in labour , ought to excel in honour ; and therefore unless they answer faithfully the expectation of the church herein , unless sincerely they bend their wits day and night , both to sow because they reap , and to sow so much more abundantly as they reap more abundantly than other men , whereunto by their very acceptance of such benignities they formally binde themselves ; let them be well assured that the honey which they eat with fraud shall turn in the end into true gall , for as much as laws are the sacred image of his wisedom who most severely punisheth those colourable and subtile crimes that seldome are taken within the walk of human justice : i therefore conclude , that the grounds and maxims of common right whereupon ordinations of ministers unable to preach , tolerations of absence from their cures , and the multiplications of their spiritual livings are disproved , do but indefinitely enforce them unlawful , not unlawful universally and without exception ; that the laws which indefinitely are against all these things , and the priviledges which make for them in certain cases are not the one repugnant to the other , that the laws of god and nature are violated through the effects of abused priviledges ; that neither our ordinations of men unable to make sermons , nor our dispensations for the rest , can be justly proved frustrate by vertue of any such surmised opposition between the special laws of this church which have permitted , and those general which are alledged to disprove the same ; that when priviledges by abuse are grown in commodious , there must be redress ; that for remedy of such evils , there is no necessity the church should abrogate either in whole or in part the specialties before mentioned ; and that the most to be desired were a voluntary reformation thereof on all hands which may give passage unto any abuse . of the laws of ecclesiastical polity . book vi. containing their fifth assertion , that our laws are corrupt and repugnant to the laws of god , in matter belonging to the power of ecclesiastical iurisdiction , in that we have not throughout all churches certain lay-elders established for the exercise of that power . the same men which in heat of contention , do hardly either speak or give ear to reason , being after sharp and bitter conflicts , retired to a calm remembrance of all their former proceedings ; the causes that brought them into quarrel , the course which their striving affections have followed , and the issue whereunto they are come , may peradventure as troubled wa●e●s , in small time of their own accord , by certain easie degrees settle themselves again ; and so recover that clearness of well advised judgment , whereby they shall stand at the length indifferent , both to yeild and admit any reasonable satisfaction , where before they could not endure with patience to be gain-said . neither will i despair of the like success in these unpleasant controversies touching ecclesiastical polity ; the time of silence , which both parts have willingly taken to breathe , seeming now as it were a pledge of all mens quiet contentment , to hear with more indifferency , the weightiest and last remains of that cause , jurisdiction , dignity , dominion ecclesiastical . for , let any man imagin , that the bare and naked difference of a few ceremonies , could either have kindled so much fire , or have caused it to flame so long ; but that the parties which herein laboured mightily for change and ( as they say ) for reformation , had somewhat more then this mark whereat to aim . having therefore drawn out a compleat form , as they suppose , of publick service to be done to god , and set down their plot for the office of the ministry in that behalf ; they very well knew , how little their labours so far forth bestowed , would avail them in the end , without a claim of jurisdiction to uphold the fabrick which they had erected ; and this neither , likely to be obtained , but by the strong hand of the people , not the people unlikely to favour it ; the more , if overture were made of their own interest , right , and title thereunto . whereupon there are many which have conjectured this to be the cause , why in all the projects of their discipline , ( it being manifest that their drift is , to wrest the key of spiritual authority out of the hands of former governours , and equally to possess therewith the pastors of all several congregations ) the people first for surer accomplishment , and then for better defence thereof , are pretended necessary actors in those things , whereunto their ability for the most part is as slender , as their title and challenge unjust . notwithstanding ( whether they saw it necessary for them to perswade the people , without whose help they could do nothing , or else ( which i rather think ) the affection which they bear towards this new form of government , made them to imagin it gods own ordinance , ) their doctrine is , that , by the law of god , there must be for ever in all congregations certain lay-elders , ministers of ecclesiastical jurisdiction , in as much as our lord and saviour by testament ( for so they presume ) hath left all ministers or pastors in the church executors equally to the whole power of spiritual jurisdiction , and with them hath joyned the people as colleagues . by maintenance of which assertion , there is unto that part apparently gained a twofold advantage , both because the people in this respect are much more easily drawn to favour it , as a matter of their own interest ; and for that , if they chance to be crossed by such as oppose against them , the colour of divine authority , assumed for the grace and countenance of that power in the vulgar sort , furnisheth their leaders with great abundance of matter behoveful of their encouragement , to proceed alwaies with hope of fortunate success in the end , considering their cause to be as , david's was , a just defence of power given them from above , and consequently their adversaries quarrel the same with saul's , by whom the ordinance of god was withstood . now , on the contrary side , if this their surmise prove false ; if such , as in justification whereof no evidence sufficient , either hath been or can be alledged ( as i hope it shall clearly appear after due examination and trial ) let them then consider whether those words of corah , dathan , and abiram , against moses , and against aaron , it is too much that ye take upon you , seeing all the congregation is holy , be not the very true abstract and abridgment of all their published admonitions , demonstrations , supplications , and treatises whatsoever , whereby they have laboured to void the rooms of their spiritual superiours before authorized , and to advance the new fancied scepter of lay presbyterial power . the nature of spiritual iurisdiction . but before there can be any setled determination , whether truth do rest on their part , or on ours , touching lay-elders ; we are to prepare the way thereunto , by explication of some things requisite and very needful to be considered , as first , how besides that spiritual power , which is of order , and was instituted for performance of those duties , whereof there hath been speech already had , there is in the church no less necessary , a second kind , which we call the power of jurisdiction . when the apostle doth speak of ruling the church of god , and of receiving accusations , his words have evident reference to the power of jurisdiction . our saviours words to the power of order , when he giveth his disciples charge , saying , preach , baptize : do this in remembrance of me . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . epist ad smyrn . a bishop saith , ( ignatius ) doth bear the image of god and of christ , of god in ruling , of christ in administring holy things : by this therefore we see a manifest difference acknowledged between the power of ecclesiastical order , and the power of jurisdiction ecclesiastical . the spiritual power of the church , being such as neither can be challenged by right of nature , nor could by humane authority be instituted , because the forces and effects thereof are supernatural and divine ; we are to make no doubt or question , but that from him which is the head , it hath descended unto us that are the body now invested therewith . he gave it for the benefit and good of souls , as a mean to keep them in the path which leadeth unto endless felicity , a bridle to hold them within their due and convenient bounds , and , if they do go astray , a forcible help to reclaim them : now although there be no kind of spiritual power , for which our lord iesus christ did not give both commission to exercise , and direction how to use the same , although his laws in that behalf recorded by the holy evangelists be the only ground and foundation , whereupon the practice of the church must sustain it self : yet , as all multitudes once grown to the form of societies are even thereby naturally warranted , to enforce upon their own subjects particularly those things , which publick wisdom shall judge expedient for the common good : so it were absurd to imagine the church it self , the most glorious amongst them , abridged of this liberty , or to think that no law , constitution or canon , can be further made , either for limitation or amplification , in the practice of our saviours ordinances whatsoever occasion be offered through variety of times , and things , during the state of this inconstant world , which bringeth forth daily such new evills , as must of necessity by new remedies be redrest , did both of old enforce our venerable predecessor , and will alwaies constrain others , sometime to make , sometime to abrogate , sometime to augment , and again to abridge sometime ; in sum , often to vary alter and change customs , incident unto the manner of exercising that power which doth it self continue alwaies one and the same : i therefore conclude , that spiritual authority is a power which christ hath given to be used over them which are subject unto it for the eternal good of their souls according to his own most sacred laws , and the wholsome positive constitutions of his church . in doctrine referred unto action and practice , as this is which concerns spiritual jurisdiction , the first sound and perfect understanding is the knowledge of the end , because thereby both use doth frame , and contemplation judge all things . of penitency , the chiefest end propounded by spiritual iurisdiction . two kinds of penitency , the one a private duty toward god , the other a duty of external discipline . of the vertue of repentance from which the former duty proceedeth : and of contrition the first part of that duty . seeing that the chiefest cause of spiritual jurisdiction is to provide for the health and safety of mens souls , by bringing them to see and repent their grievous offences committed against god , as also to reform all injuries offered with the breach of christian love and charity toward their brethren , in matters of ecclesiastical cognizance ; the use of this power , shall by so much the plainlier appear , if first the nature of repentance it self be known . we are by repentance to appease whom we offend by sin. for which cause , whereas all sin deprives us of the favour of almighty god , our way of reconciliation with him , is the inward secret repentance of the heart ; which inward repentance alone sufficeth , unless some special thing , in the quality of sin committed , or in the party that hath done amiss , require more . for besides our submission in gods sight , repentance must not only proceed to the private contentation of men , if the sin be a crime injurious ; but also farther , where the wholsome discipline of gods church exacteth a more exemplary and open satisfaction . now the church being satisfied with outward repentance , as god is with inward , it shall not be amiss , for more perspicuity to term this latter alwayes the vertue , that former the discipline of repentance ; which discipline hath two sorts of penitents to work upon , in as much as it hath been accustomed to lay the offices of repentance on some seeking , others shunning them , on some at their own voluntary request , on others altogether against their wills , as shall hereafter appear by store of ancient examples . repentance being therefore either in the sight of god alone , or else with the notice also of men : without the one , sometime throughly performed , by alwayes practised more or less ; in our daily devotions and prayers , we have no remedy for any fault . whereas the other is only required in sins of a certain degree and quality ; the one necessary for ever , the other so far forth as the laws and orders of gods church shall make it requisite . the nature parts , and effects of the one alwaies the same ; the other limitted , extended , and varied by infinite occasions . the vertue of repentance in the heart of man is gods handy-work , a fruit or effect of divine grace , which grace continually offereth it self , even unto them that have forsaken it , as may appear by the words of christ in st iohns revelation , i stand at the door and knock : nor doth he only knock without , but also within assist to open , whereby access and entrance is given to the heavenly presence , of that saving power , which maketh man a repaired temple for gods good spirit again to inhabit . and albeit the whole train of vertues which are implied in the name of grace , be infused at one instant ; yet because when they meet and concurr unto any effect in man , they have their distinct operations rising orderly one from another ; it is no unnecessary thing that we note the way or method of the holy ghost , in framing mans sinful heart to repentance : a work , the first foundation whereof is laid by opening and illuminating the eye of faith , because by faith are discovered the principles of this action , whereunto unless the understanding do first assent , there can follow in the will towards penitency no inclination at all : contrariwise , the resurrection of the dead , the judgement of the world to come , and the endless misery of sinners being apprehended , this worketh fear : such as theirs was , who feeling their own distress and perplexity in that passion , besought our lords apostles earnestly to give them counsel what they should do . for , fear is impotent and unable to advise it self ; yet this good it hath , that men are thereby made desirous to prevent , if possibly they may , whatsoever evil they dread ; the first thing that wrought the ninivites , repentance , was fear of destruction within fourty daies ; signes and miraculous works of god , being extraordinary representations of divine power , are commonly wont to stir any the most wicked with terrour , lest the same power should bend it self against them : and because tractable minds , though guilty of much sin , are hereby moved to forsake those evil waies which make his power in such sort their astonishment and fear ; therefore our saviour denounced his curse against corazin and bethsaida , saying , that if tyre and sidon had seen that which they did , those signes which prevailed little with the one , would have brought the others to repentance . as the like thereunto did in the men given to curious arts , of whom the apostolick history saith , that fear came upon them , and many which had followed vain sciences , burnt openly the very books out of which they had learned the same ; as fear of contumely and disgrace amongst men , together with other civil punishments , are a bridle to restrain from any hainous acts , whereinto mens outrage would otherwise break ; so the fear of divine revenge and punishment where it takes place , doth make men desirous to be rid likewise from that inward guiltiness of sin , wherein they would else securely continue . howbeit , when faith hath wrought a fear of the event of sin , yet repentance hereupon ensueth not , unless our belief conceive both the possibility and means to avert evil : the possibility , in as much as god is merciful , and most willing to have sin cured : the means , because he hath plainly taught what is requisite , and shall suffice unto that purpose . the nature of all wicked men , is , for fear of revenge to hate whom they most wrong ? the nature of hatred , to wish that destroyed which it cannot brook ; and from hence ariseth the furious endeavours of godless and obdurate sinners , to extinguish in themselves the opinion of god , because they would not have him to be , whom execution of endless wo doth not suffer them to love. every sin against god abateth , and continuance in sin extinguisheth , our love towards him : it was therefore said to the angel of ephesus having sinned , thou art fallen away from thy first love ; so that , as we never decay in love till we sin , in like sort neither can we possibly forsake sin , unless we first begin again to love . what is love towards god , but a desire of union with god ? and shall we imagine a sinner converting himself to god , in whom there is no desire of union with god presupposed ? i therefore conclude , that fear worketh no mans inclination to repentance , till somewhat else have wrought in us love also ; our love and desire of union with god ariseth from the strong conceipt which we have of his admirable goodness : the goodness of god , which particularly moveth unto repentance , is his mercy towards mankind , notwithstanding sin : for , let it once sink deeply into the mind of man , that howsoever we have injuried god , his very nature is averse from revenge , except unto sin we add obstinacy otherwise alwaies ready to accept our submission , as a full discharge or recompence for all wrongs ; and can we chuse but begin to love him whom we have offended , or can we but begin to grieve that we have offended him whom we love ? repentance considereth sin as a breach of the law of god , an act obnoxious to that revenge , which notwithstanding may be prevented , if we pacifie god in time . the root and beginning of penitency therefore , is the consideration of our own sin , as a cause which hath procured the wrath , and a subject which doth need the mercy of god : for unto mans understanding , there being presented , on the one side , tribulation and anguish upon every soul that doth evil : on the other , eternal life unto them which by continuance in well doing , seek glory , and honour , and immortality ; on the one hand a curse to the children of disobedience ; on the other , to lovers of righteousness , all grace and benediction : yet between these extreams , that eternal god from whose unspotted justice and undeserved mercy , the lot of each inheritance proceedeth , is so inclinable , rather to shew compassion then to take revenge , that all his speeches in holy scripture are almost nothing else but entreaties of men to prevent destruction by amendment of their wicked lives ; all the works of his providence little other then meer allurements of the just to continue stedfast , and of the unrighteous to change their course ; all his dealings and proceedings towards true converts , as have even filled the grave writings of holy men , with these and the like most sweet sentences : repentance ( if i may so speak ) stoppeth god in his way , when being provoked by crimes past , he cometh to revenge them with most just punishments ; yea , it tyeth , as it were , the hands of the avenger , and doth not suffer him to have his will. again , b the merciful eye of god towards men , hath no power to withstand penitency , at what time soever it comes in presence . and again , god doth not take it so in evil part , though we wound that which he hath required us to keep whole ; as that , after we have taken hurt , there should be in us no desire to receive his help . finally , lest i be carried too far in so large a sea , there was never any man condemned of god , but for neglect ; nor justified , except he had care of repentance . from these considerations , setting before our eyes our inexcusable , both unthankfulness in disobeying so merciful , foolishness in provoking so powerful a god ; there ariseth necessarily a pensive and corrosive desire that we had done otherwise ; a desire which suffereth us to foreslow no time , to feel no quietness within our selves , to take neither sleep nor food with contentment , never to give over supplications confessions , and other penitent duties , till the light of gods reconciled favour shine in our darkned soul. fulgentius asking the question , why davids confession should be held for effectual penitence , and not saul's ; answereth , that the one hated sin , the other feared only punishment in this world : sauls acknowledgement of sin , was fear ; david's , both fear and also love . this was the fountain of peters tears , this the life and spirit of davids eloquence , in those most admirable hymns intituled penitential , where the words of sorrow for sin , do melt the very bowels of god remitting it ; and the comforts of grace in remitting sin , carry him which sorrowed , rapt as it were into heaven , with extasies of joy and gladness . the first motive of the ninevites unto repentance ; was their belief in a sermon of fear , but the next and most immediate , an axiom of love , who can tell whether god will turn away his fierce wrath , that we perish not● no conclusion such as theirs , let every man turn from his evil way , but out of premisses such as theirs were , fear and love : wherefore the well-spring of repentance is faith ; first breeding fear , and then love , which love causes hope , hope resolution of attempt : i will go to my father , and say , i have sinned against heaven and against thee ; that is to say , i will do what the duty of a convert requireth . now in a penitent's or convert's duty , there are included ; first , the aversion of the will from sin ; secondly , the submission of our selves to god , by supplication and prayer ; thirdly , the purpose of a new life , testified with present works of amendment : which three things do very well seem to be comprised in one definition , by them which handle repentance , as a vertue that hateth , bewaileth , and sheweth a purpose to amend sin : we offend god in thought , word , and deed . to the first of which three , they make contrition ; to the second , confession ; and to the last , our works of satisfaction , answerable . contrition doth not here import those sudden pangs and convulsions of the mind , which cause sometimes the most forsaken of god , to retract their own doings ; it is no natural passion , or anguish , which riseth in us against our wills ; but a deliberate aversion of the will of man from sin , which being alwaies accompanied with grief ; and grief oftentimes partly with tears , partly with other external signs ; it hath been thought , that in these things , contrition doth chiefly consist : whereas the chiefest thing in contrition , is , that alteration whereby the will which was before delighted with sin , doth now abhorr and shun nothing more . but forasmuch as we cannot hate sin in our selves without heaviness and grief , that there should be in us a thing of such hatefull quality , the will averted from sin , must needs make the affection suitable ; yea , great reason why it should so do : for since the will by conceiving sin hath deprived the soul of life , and of life there is not recovery without repentance the death of sin ; repentance not able to kill sin , but by withdrawing the will from it , the will unpossible to be withdrawn , unless it concur with a contrary affection to that which accompanied it before in evill : is it not clear , that as an inordinate delight did first begin sin , so repentance must begin with a just sorrow , a sorrow of heart , and such a sorrow as renteth the heart ; neither a feigned nor sleight sorrow ; not feigned , blest it increase sin ; nor sleight , lest the pleasures of sin over-match it●●●ef wher ore of grace , the highest cause from which mans penitency doth proceed ; of faith , fear , love , hope , what force and efficiency they have in repentance ; of parts and duties thereunto belonging , comprehended in the schoolmens definitions ; finally , of the first among those duties , contrition , which disliketh and bewaileth iniquity , let this suffice . and because god will have offences by repentance , not only abhorred within our selves , but also with humble supplication displayed before him ; and a testimony of amendment to be given , even by present works , worthy repentance , in that they are contrary to those we renounce and disclaim : although the vertue of repentance do require , that her other two parts , consession and satisfaction should here follow ; yet seeing they belong as well to the discipline as to the vertue of repentance , and only differ for that in the one they are performed to man , in the other to god alone ; i had rather distinguish them in joynt-handling , then handle them apart , because in quality and manner of practise , they are distinct . of the discipline of repentance instituted by christ , practised by the fathers , converted by the school-men into a sacrament ; and of confession , that which belongeth to the vertue of repentance , that which was used among the iews , that which the papacy imagineth a sacrament , and that which antient discipline practised . . our lord and saviour in the sixteenth of st. matthews gospel , giveth his apostles , regiment in general over gods church . for they that have the keys of the kingdom of heaven , are thereby signified to be stewards of the house of god , under whom they guide , command , judge , and correct his family . the souls of men are gods treasure , committed to the trust and fidelity of such , as must render a strict account for the very least which is under their custody . god hath not invested them with power to make a revenue thereof ; but to use it for the good of them whom jesus christ hath most dearly bought . and because their office therein consisteth of sundry functions , some belonging to doctrine , some to discipline , all contained in the name of the keys , they have for matters of discipline , as well litigious as criminal , their courts and consistories erected by the heavenly authority of his most sacred voice , who hath said , dic ecclesia , tell the church ; against rebellious and con●umacious persons , which refuse to obey their sentence , armed they are with power to eject such out of the church , to deprive them of the honours , rights , and priviledges of christian men , to , make them as heathens and publicans , with whom society was hateful . furthermore , lest their acts should be slenderly accounted of , or had in contempt ; whether they admit to the fellowship of saints , or seclude from it , whether they bind offenders , or set them again at liberty , whether they remit , or retain sins , whatsoever is done by way of orderly and lawfull proceeding , the lord himself hath promised to ratifie . this is that grand original warrant , by force whereof the guides and prelates in gods church , first his apostles , and afterwards others following them successively , did both use and uphold that discipline , the end whereof is to heal mens consciences , to cure their sins , to reclaim offenders from iniquity , and to make them by repentance just . neither hath it of ancient time , for any other respect , been accustomed to bind by ecclesiastical censures , to retain so bound till tokens of manifest repentance appeared , and upon apparent repentance to release , saving only because this was received as a most expedient method for the cure of sin . the course of discipline in former ages reformed open transgressors , by putting them into offices of open penitence , especially confession , whereby they declared their own crimes in the hearing of the whole church , and were not from the time of their first convention capable of the holy mysteries of christ , till they had solemnly discharged this duty . offenders in secret knowing themselves altogether as unworthy to be admitted to the lords table , as the other which were with-held ; being also perswaded , that if the church did direct them in the offices of their penitency , and assist them with publique prayer , they should more easily obtain that they sought , than by trusting wholly to their own endeavours ; finally , having no impediment to stay them from it but bashfulness , which countervailed not the former inducements ; and besides , was greatly cased by the good construction , which the charity of those times gave to such actions , wherein mens piety and voluntary care to be reconciled to god , did purchase them much more love than their faults ( the testimonies of common frailty ) were able to procure disgrace , they made it not nice to use some one of the ministers of god , by whom the rest might take notice of their faults , prescribe them convenient remedies , and in the end after publick confession , all joyn in prayer unto god for them . the first beginner of this custom , had the more followers by means of that special favour which alwaies was with good consideration shewed towards voluntary penitents above the rest . but as professors of christian belief , grew more in number , so they waxed worse ; when kings and princes had submitted their dominions unto the scepter of jesus christ , by means whereof persecution ceasing , the church immediately became subject to those evills which peace and security bringeth forth ; there was not now that love which before kept all things in tune , but every where schisms , discords , dissentions amongst men. conventicles of hereticks , bent more vehemently against the sounder and better sort than very infidels and heathens themselves ; faults not corrected in charity , but noted with delight , and kept for malice to use when the deadliest opportunities should be offered . whereupon , forasmuch as publick confessions became dangerous and prejudicial to the safety of well-minded men , and in divers respects advantagious to the enemies of gods church ; it seemed first unto some , and afterwards generally requisite , that voluntary penitents should surcease from open confession . instead whereof , when once private and secret confession had taken place with the latins ; it continued as a profitable ordinance , till the lateran council had decreed , that all men once in a year at the least , should confess themselves to the priest. so that being a thing thus made both general and also necessary , the next degree of estimation whereunto it grew , was to be honoured and and lifted up to the nature of a sacrament● that as christ did institute baptism to give life , and the eucharist to nourish life , so penitence might be thought a sacrament , ordained to recover life , and confession a part of the sacrament . they define therefore their private penetency to be a sacrament of remitting sins after baptism : the vertue of repentance , a detestation of wickedness , with ful purpose to amend the same , and with hope to obtain pardon at gods hands . wheresoever the prophets cry repent , and in the gospel saint peter maketh the same exhortation to the jews , as yet unbaptized , they would have the vertue of repentance only to be understood , the sacrament , where he adviseth simon magus to repent , because the sin of simon magus was after baptism . now although they have onely external repentance for a sacrament , internal for a vertue ; yet make they sacramental repentance nevertheless to be composed of three parts , contrition , confession , and satisfaction ; which is absurd ; because contrition being an inward thing , belongeth to the vertue , and not to the sacrament of repentance , which must consist of external parts , if the nature thereof be external . besides , which is more absurd , they leave out absolution , whereas some of their school divines , handling penance in the nature of a sacrament and being not able to espie the least resemblance of a sacrament , save only in absolution ( for a sacrament by their doctrine must both signifie and also confer , or bestow some special divine grace ) resolved themselves , that the duties of the penitent could be but meer preparations to the sacrament , and that the sacrament it self was wholly in absolution . and albeit thomas with his followers have thought it safer , to maintain as well the services of the penitent , as the words of the minister , necessary unto the essence of their sacrament ; the services of the penitent , as a cause material ; the words of absolution , as a formal ; for that by them all things else are perfected to the taking away of sin : which opinion , now reigneth in all their schools , since the time that the councel of trent gave it solemn approbation , seeing they all make absolution , if not the whole essence , yet the very form whereunto they ascribe chiefly the whole force and operation of their sacrament ; surely to admit the matter as a part , and not to admit the form , hath small congruity with reason . again , for as much as a sacrament is compleat , having the matter and form which it ought , what should lead them to set down any other parts of sacramental repentance , then confession and absolution , as durandus hath done ? for touching satisfaction , the end thereof , as they understand it , is a further matter , which resteth after the sacrament administred , and therefore can be no part of the sacrament . will they draw in contrition with satisfaction , which are no parts , and exclude absolution ( a principal part , ) yea , the very complement , form and perfection of the rest as themselves account it ? but for their breach of precepts in art , it skilleth not , if their doctrine otherwise concerning penitency , and in penitency touching confession might be found true . we say , let no man look for pardon , which doth sin other and conceal sin , where , in duty , it should be revealed . the cause why god requireth confession to be made to him , is , that thereby testifying a deep hatred of our own iniquity , the only cause of his hatred and wrath towards us , we might because we are humble , be so much the more capable of that compassion and tender mercy , which knoweth not how to condemn sinners that condemn themselves . if it be our saviours own principle , that the conceipt we have of our debt forgiven , proportioneth our thankfulness and love to him , at whose hands we receive pardon ; doth not god fore-see , that they which with ill-advised modesty seek to hide their sin like adam , that they which rake it up under ashes , and confess it not , are very unlikely to requite with offices of love afterwards , the grace which they shew themselves unwilling to prize at the very time when they sue for it , in as much as their not confessing what crimes they have committed , is a plain signification how loth they are that the benefit of gods most gracious pardon should seem great . nothing more true , then that of tertullian . confession doth as much abate the weight of mens offences , as concealment doth make them heavier . for he which confesseth , hath a purpose to appease god ; he , a determination to persist and continue obstinate , which keeps them secret to himself st. chrysostome almost in the same words , wickedness is , by being acknowledged lessened , and doth but grow by being hid . if men having done amiss , let it slip , as though they knew no such matter , what is there to stay them from falling into one and the same evil ? to call our selves sinners availeth nothing , except we lay our faults in the ballance , and take the weight of them one by one . confess thy crimes to god , disclose thy transgressions before thy judge by way of humble supplication and suit , if not with tongue , at the least with heart , and in this sort seek mercy . a general perswasion that thou art a sinner , will neither so humble , nor bridle thy soul , as if the catalogue of thy sins examined severally , be continually kept in mind . this shall make thee lowly in thine own eyes ; this shall preserve thy feet from falling , and sharpen thy desires towards all good things . the mind , i know , doth hardly admit such unpleasant remembrances ; but we must force it , we must constrain it thereunto . it is safer now to be bitten with the memory , then hereafter with the torment of sin. the jews with whom no repentance for sin is available without confession , either conceived in mind or uttered ) which latter kind they call usually 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confession delivered by word of mouth ) had first that general confession which once every year was made , both severally by each of the people for himself , upon the day of expiation , and by the priest for them all , on the day of expiation , the high priest maketh three express confessions , acknowledging unto god the manifold transgressions of the whole nation , his own personal offences likewise , together with the sins , as well of his family , as of the rest of his rank and order . they had again their voluntary confessions , at the times and seasons when men , bethinking themselves of their wicked conversation past , were resolved to change their course , the beginning of which alteration was still confession of sins . thirdly , over and besides these , the law imposed upon them also that special confession , which they in their book call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confession of that particular fault , for which we namely seek pardon at gods hands . the words of the law concerning confession in this kind are as followeth : when a man or woman shall commit any sin , that men commit , and transgress against the lord , their sin which they have done ( that is to say the very deed it self in particular ) they shall acknowledge . in leviticus after certain transgressions there mentioned , we read the like : when a man hath sinned in any one of these things , he shall then confess , how in that thing he hath offended . for such kind of special sins , they had also special sacrifices , wherein the manner was that the offender should lay his hands on the head of the sacrifice which he brought , and should there make . confession to god , saying , now , o lord , that i have offended , committed sin , and done wickedly in thy sight , this or this being my fault ; behold , i repent me , and am utterly ashamed of my doings ; my purpose is , never to return more to the same crime . none of them , whom either the house of judgement had condemned to die , or of them which are to be punished with stripes , can be clear by being executed or scourged , till they repent and confess their faults . finally there was no man amongst them at any time , either condemned to suffer death , or corrected , or chastized with stripes , none ever sick and near his end , but they called upon him to repent and confess his sins . of malefactors convict by witnesses , and thereupon either adjudged to die , or otherwise chastized , their custom was to exact , as ioshua did of achan , open confession , my son , now give glory to the lord god of israel , confess unto him , and declare unto me what thou hast committed , conceal it not from me , jos. . . concerning injuries and trespasses which happen between men , they highly commend such as will acknowledge before many . it is , in him which repenteth , accepted as an high sacrifice , if he will confess before many , make them acquainted with his over-sights , and reveal the transgressions which have passed between him and any of his brethren ; saying , i have verily offended this man , thus and thus i have done unto him , but behold i do now repent and am sorry . contariwise , whosoever is proud , and will not be known of his faults , but cloaketh them , is not yet come to perfect repentance ; for so it is written , he that hides his sins shall not prosper : which words of solomon they do not further extend , then only to sins committed against men , which are in that respect meet before men to be acknowledged particularly . but in sins between man and god , there is no necessity that man should himself make any such open and particular recital of them ; to god they are known , and of us it is required , that we cast not the memory of them carelesly and loosly behind our backs , but keep in mind as near as we can , both our own debt , and his grace which remitteth the same . wherefore to let pass jewish confession , and to come unto them which hold confession in the ear of the priest commanded ; yea , commanded in the nature of a sacrament , and thereby so necessary , that sin without it cannot be pardoned ; let them find such a commandment in holy scripture , and we ask no more . iohn the baptist was an extraordinary person , his birth , his actions of life , his office extraordinary , it is therefore recorded for the strangeness of the act , but not set down as an everlasting law for the world ; that to him ierusalem and all iudea made confession of their sins : besides , at the time of this confession , their pretended sacrament of repentance , as they grant , was not yet instituted , neither was it sin after baptism , which penitents did there confess ; when that which befel the seven sons of seeva , for using the name of our lord jesus christ in their conjurations , was notisied to jews and grecians in ephesus , it brought an universal fear upon them , insomuch that divers of them which had believed before , but not obeyed the laws of christ , as they should have done , being terrified by this example , came to the apostle , and confessed their wicked deeds . which good and vertuous act , no wise man , as i suppose , will disallow , but commend highly in them , whom gods good spirit shall move to do the like when need requireth . yet neither hath this example the force of any general commandment , or law to make it necessary for every man , to pour into the ears of the priest whatsoever hath been done amiss , or else to remain everlastingly culpable and guilty of sin ; in a word , it proveth confession practized as a vertuous act , but not commanded as a sacrament . now concerning st. iames his exhortation , whether the former branch be considered , which saith , is any sick among you ; let him call for the ancients of the church , and let them make their prayers for him ; or the latter , which stirreth up all christian men unto mutual acknowledment of faults amongst themselves ; lay open your minds , make your confessions one to another ; is it not plain , that the one hath relation to that gift of healing , which our saviour promised his church , saying , they shall lay their hands on the sick , and the sick shall recover health ? relation to that gift of healing , whereby the apostle imposed his hands on the father of publius , and made him miraculously a sound man ; relation finally to that gift of healing , which so long continued in practice after the apostles times , that whereas the novatianists denyed the power of the church of god , in curing sin after baptism , st. ambrose asked them again , why it might not as well prevail with god for spiritual , as far corporal and bodily health yea , wherefore ( saith he ) do ye your selves lay hands on the diseased and believe it to be a work of benediction or prayer , if haply the sick person be restored to his former safety ; and of the other member which toucheth mutual confession , do not some of themselves , as namely caje●an , deny , that any other confession is meant , then only that , which seeketh either association of prayers , or reconciliation , or pardon of wrongs ? is it not confessed by the greatest part of their own retinue , that we cannot certainly affirm sacramental confession to have been meant or spoken of in this place ? howbeit bellarmine , delighted to run a course by himself where colourable s●●ifts of wit will but make the way passable , standeth as formally for this place , and not less for that in st. iohn , than for this : st. iohn saith if we confess our sins , god is faithful and just to forgive our sins , and to cleanse us from all unrighteousness ; doth st. iohn say , if we confess to the priest , god is righteous to forgive ; and if not , that our sins are unpardonable ? no , but the titles of god just and righteous do import , that he pardoneth sin only for his promise sake ; and there is not ( they say ) any promise of forgiveness upon confession made to god without the priest ; not any promise , but with this condition , and yet this condition no where exprest . is it not strange that the scripture speaking so much of repentance , and of the several duties which appertain thereunto , should ever mean , and no where mention that one condition , without which all the rest is utterly of none effect ; or will they say , because our saviour hath said to his ministers , whose sins ye retain , &c. and because they can remit no more , than what the offenders have confest , that therefore by vertue of his promise , it standeth with the righteousness of god , to take away no mans sins , until by auricular confession they be opened unto the priest ? they are men that would seem to honour antiquity , and none more to depend upon the reverend judgement thereof . i dare boldly affirm , that for many hundred years after christ , the fathers held no such opinion ; they did not gather by our saviours words , any such necessity of seeking the priests absolution from sin , by secret and ( as they now term it ) sacramental confession : publick confession they thought necessary by way of discipline not private confession , as in the nature of a sacrament , necessary . for to begin with the purest times it is unto them which read and judge without partiality a thing most clear , that the ancient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or confession , defined by tertullian to be a discipline of humiliation , and submission , framing mens behaviour in such sort as may be fittest to move pity ; the confession which they use to speak of in the exercise of repentance , was made openly in the hearing of the whole both ecclesiastical consistory and assembly . this is the reason wherefore he perceiving , that divers were better content their sores should secretly fester , and eat inward , then be laid so open to the eyes of many , blameth greatly their unwise bashfulness , and to reform the same , perswadeth with them saying , amongst thy brethren and fellow servants , which are partakers with thee of one and the same nature , fear , joy , grief , sufferings ( for us was common lord and father , we have all received one spirit ) why shouldest thou not think with thy self , that they are but thine own self ? wherefore dost thou avoid them , as likely to insult over thee , whom thou knowest subject to the same haps ? at that which grieveth any one part , the whole body cannot rejoyce , it must needs be that the whole will labour and strive to help that wherewith a part of it self is molested . st. cyprian being grieved with the dealings of them , who in time of persecution had through fear betrayed their faith , and notwithstanding thought by shift to avoid in that case the necessary discipline of the church , wrote for their better instruction the book intituled de lapsis ; a treatise concerning such as had openly forsaken their religion , and yet were loth openly to confess their fault , in such manner as they should have done : in which book he compareth with this sort of men , certain others which had but a purpose only to have departed from the faith ; and yet could not quiet their minds , till this very secret and hidden fault was confest , how much both greater in faith ( saith st. cyprian ) and also as touching their fear , better , are those men , who although neither sacrifice , nor libel could be objected against them , yet because they thought to have done that which they should not , even this their intent they dolefully open unto gods priests ? they confess that whereof their conscience accuseth them , the burthen that presseth their minds they discover ; they foreslow not of smaller and slighter evils , to seek remedy : he saith they declared their fault , not to one only man in private , but revealed it to gods priests ; they confest it before the whole consistory of gods ministers . salvianus ( for i willingly embrace their conjecture , who ascribe those homilies to him which have hitherto by common error past under the counterfeit name of eusebius emesenus , ) i say , salvianus though coming long after cyprian in time , giveth nevertheless the same evidence for his truth , in a case very little different from that before alleadged ; his words are these , whereas ( most dearly beloved ) we see that pennance oftentimes is sought and sued for by holy souls , which even from their youth have bequeathed themselves a precious treasure unto god , let us know that the inspiration of gods good spirit moveth them so to do for the benefit of his church , and let such as are wounded , learn to enquire for that remedy , whereunto the very soundest do thus offer and obtrude as it were themselves , that if the vertuous do bewail● small offences , the others cease not to lament great . and surely , when a man that hath less need , performeth , sub oculis ecclesiae , in the view , sight , and beholding of the whole church , an office worthy of his faith and compunction for sin , the good which others thereby reap is his own harvest , the heap of his rewards groweth by that which another gaineth , and through a kind of spiritual usury from that amendment of life which others learn by him , there returneth lucre into his cossers . the same salvianus in another of his homilies , if faults haply be not great and grievous ( for example , if a man have offended in word , or in desire , worthy of reproof , if in the wantonness of his eye , or the vanity of his heart ) the stains of words and thoughts are by daily prayer to be cleansed , and by private compunction to be scoured out : but if any man examining inwardly his own conscience , have committed some high and capital offence , as if by hearing false witness , he have quelled and betrayed his faith , and by rashness of perjury have violated the sacred name of truth , if with the mire of lustful uncleanness he have sullied the veil of baptism , and the gorgeous robe of virginity ; if by being the cause of any mans death , he have been the death of the new man within himself , if by conference with southsayers , wizards , and charmers , he hath enthralled himself to satan ; these and such like committed crimes , cannot throughly be taken away with ordinary , moderate , and secret satisfaction ; but greater causes do require greater and sharper remedies , they need such remedies as are not only sharp , but solemn , open , and publick , again , let that soul ( saith he ) answer me , which through pernicious shame fastness it now so abasht to acknowledge his sin in conspectu fratrum , before his brethren , as he should have been abasht to commit the same , what will be do in the presence of that divine tribunal where he is to stand arraigned in the assembly of a glorious and celestial host ? i will hereunto adde but st. ambrose's testimony : for the places which i might alledge , are more then the cause it self needeth ; there are many ( saith he ) who , fearing the judgement that is to come , and feeling inward remorse of conscience , when they have offered themselves unto penitency , and are enjoyned what they shall do , give back for the only skar which they think that publick supplication will put them unto . he speaketh of them which sought voluntarily to be penanced ; and yet withdrew themselves from open confession , which they that were penitents for publick crimes could not possibly have done , and therefore it cannot be said , he meaneth any other then secret sinners in that place . gennadius a presbyter of marsiles in his book touching ecclesiastical assertions , maketh but two kinds of confession necessary , the one in private to god alone for smaller offences ; the other open , when crimes committed are hainous and great , although ( saith he ) a man be bitten with conscience of sin , let his will be from thenceforward to sin no more ; let him before he communicate , satisfie with tears and prayers , and then putting his trust in the mercy of almighty god ( whose want is , to yield godly confession ) let him boldly receive the sacrament . but i speak this of such as have not burthened themselves with capital sins . them i exhort to satisfie , first by publick penance , that so being reconciled by the sentence of the priest , they may communicate safely with others . thus still we hear of publick confessions , although the crimes themselves discovered were not publick ; we hear that the cause of such confessions was not the openness , but the greatness of mens offences ; finally , we hear that the same being now held by the church of rome to be sacramental , were the onely penitential confessions used in the church for a long time , and esteemed as necessary remedies against sin. they which will find auricular confessions in st. cyprian , therefore , must seek out some other passage , then that which bellarmine alledgeth , whereas in smaller faults which are not committed against the lord himself , there is a competent time assigned unto penitency ; and that confession is made , after that observation and tryal had been bad of the penitents behaviour , neither may any communicate till the bishop and clergy have laid their hands upon him ; how much more ought all things to be warily and stayedly observed , according to the discipline of the lord , in these most grievous , and extream crimes ? s. cyprians speech is against rashness in admitting idolaters to the holy communion , before they had shewed sufficient repentance , considering that other offenders were forced to stay out their time , and that they made not their publick confession , which was the last act of penitency , till their life and conversation had been seen into , not with the eye of auricular scrutiny , but of pastoral observation , according to that in the councel of nice , where thirteen years , being set for the penitency of certain offenders ; the severity of this degree is mitigated with special caution : that in all such cases , the mind of the penitent and the manner of his repentance is to be noted , that as many as with fear and tears , and meekness , and the exercise of good works , declared themselves to be converts indeed , and not in outward appearance only , towards them the bishop at his discretion might use more lenity . if the councel of nice suffice not , let gratian the founder of the canon law expound cyprian , who sheweth that the stine of time in penitency , is either to be abridged , or enlarged , as the penitents faith and behaviour shall give occasion ; i have easilier found out men ( saith s. ambrose ) able to keep themselves free from crimes , then conformable to the rules which in penitency they should observe . s. gregory bishop of nisse complaineth and enveigheth bitterly against them , who in the time of their penitency , lived even as they had done alwaies before ; their countenance as chearful , their attire is neat , their dyet as costly , and their sleep as secure as ever , their worldly business purposely followed , to exile pensive thoughts for their minds , repentance pretended but indeed nothing less express ; these were the inspections of life , whereunto st. cyprian alludeth ; as for auricular examinations he knew them not . were the fathers then without use of private confession as long as publick was in use ? i affirm no such thing , the first and ancientest that mentioneth this confession , is origen , by whom it may seem that men being loth to present rashly themselves and their faults unto the view of the whole church , thought it best to unfold first their minds to some one special man of the clergy , which might either help them himself , or referre them to an higher court if need were ; be therefore circumspect ( saith origen ) in making choice of the party , to whom thou meanest to confess thy sin ; know thy physitian before thou use him ; if he find thy malady , such as needeth to be made publick , that other may be the better by it , and thy self sonner helpt , his counsel must be obeyed . that which moved sinners thus voluntarily to detect themselves both in private and in publick , was fear to receive with other christian men , the mysteries of heavenly grace , till gods appointed stewards and ministers did judge them worthy : it is in this respect that st. ambrose findeth fault with certain men , which sought imposition of penance , and were not willing to wait their time , but would be presently admitted communicants . such people ( saith he ) do seek by so rash and preposterous desires , rather to bring the priest into bonds then to loose themselves : in this respect it is that s. augustine hath likewise said , when the wound of sin is so wide , and the disease so far gone that the medicinable body and blood of our lord may not be touched , men are by the bishops authority to sequester themselves from the altar , till such time as they have repented , and be after reconciled by the same authority . furthermore , because the knowledge how to handle our own sores , is no vulgar and common art , but we either carry towards our selves for the most part an over-soft and gentle hand , fearful of touching too near the quick ; or else , endeavouring not to be partial , we fall into timerous scrupulosities , and sometime into those extream discomforts of mind , from which we hardly do ever lift up our heads again , men thought it the safest way to disclose their secret faults , and to crave imposition of penance from them whom our lord jesus christ hath left in his church to be spiritual and ghostly physitians , the guides and pastors of redeemed souls , whose office doth not onely consist in generall perswasions unto amendment of life , but also , in the private particular cure of diseased minds . howsoever the novatianists presume to plead against the church ( saith salvianus ) that every man ought to be his own penitentiary , and that it is a part of our duty to exercise , but not of the churches authority to impose or prescribe repentance ; the truth is otherwise , the best and strongest of us may need in such cases , direction : what doth the church in giving penance , but shew the remedies which sin requireth ? or what do we in receiving the same but fulfill her precept ? what else but sue unto god with tears , and salts , that his merciful ears may be opened ? st. augustines exhortation is directly to the same purpose ; let every man whilst he hath time judge himself , and change his life of his own accord , and when this is resolved , let him from the disposers of the holy sacraments , learn in what manner be is to pacifie gods displeasure : but the greatest thing which made men forward and willing upon their knees to confess whatsoever they had committed against god , and in no wise to be with-held from the same , with any fear of disgrace , contempt , or obloquy , which might ensue , was , their servent desire to be helped and assisted with the prayers of gods saints . wherein , as st. iames doth exhort unto mutual confession , alledging this onely for a reason , that just mens devout prayers are of great avail with god ; so it hath been heretofore the use of penitents for that intent to unburthen their minds , even to private persons ; and to crave their prayers . whereunto , cassianus alluding , counselleth , that if men possest with dulness of spirit be themselves unapt to do that which is required , they should in meek affection seek health as the least by good and vertuous mens prayers unto god for them . and to the same effect gregory bishop of nisse , humble thy self , and take unto thee such of thy brethren as are of one mind , and do bear kind affection towards thee , that they may together mourn and labour for thy deliverance . show me thy bitter and abundant tears , that i may blend mine own with them . but because of all men there is or should be none in that respect more fit for troubled and distressed minds to repair unto , then gods ministers , he proceedeth further , make the priest , as a father , partaker of thine affliction and grief ; be bold to impart unto him the things that are most secret , he will have care both of thy safety , and of thy credit . confession ( saith leo ) is first to be offered to god , and then to the priest , as to one which maketh supplication for the sins of penitent offenders . suppose we , that men would ever have been easily drawn , much less of their own accord have come unto publick confession , whereby they know they should sound the trumpet of their own disgrace ; would they willingly have done this , which naturally all men are loth to do , but for the singular trust and confidence which they had in the publick prayers of gods church ? let thy mother the church weep for thee ( saith ambrose , ) let her wash and bathe thy faults with her tears : our lord doth love that many should become suppliant for one ; in like sort long before him , tertullian , some few assembled make a church ; and the church is as christ himself ; when thou dost therefore put forth thy hands to the knees of thy brethren , thou touchest christ ; it is christ unto whom thou art a supplicant ; so when they pour one tears over them , it is even christ that taketh compassion ; christ which prayeth when they pray : neither can that easily be denyed , for which the son is himself contented to become a suitor . whereas in these considerations therefore , voluntary penitents , had been long accustomed for great and grievous crimes , though secret , yet openly both to repent and confess as the canons of antient discipline required ; the greek church first , and in processe of time the latine altered this order , judging it sufficient and more convenient that such offenders should do penance and make confession in private onely . the cause why the latins did , leo declareth , saying , although the ripeness of faith be commendable , which for the fear of god doth not fear to incur shame before all men , yet because every ones crimes are not such , that it can be free and safe for them to make publication of all things , wherein repentance is necessary ; let a custome , so unfit to be kept , be abrogated , lest many forbear to use remedies of penitency , whilst they either blush or are afraid to acquaint their enemies with those acts for which the laws may take hold upon them . besides , it shall win the more repentance , if the consciences of sinners be not emptied into the peoples ears ; and to this only cause doth sozomen impure the change , which the grecians made , by ordaining throughout all churches certain penitentiaries to take the confessions , and appoint the penances of secret offenders . socrates , ( for this also may be true that more inducements then one , did set forward an alteration so generally made ) affirmeth the grecians ( and not unlikely ) to have specially respected therein the occasion , which the novatianists took at the multititude of publick penitents , to insult over the discipline of the church , against which they still cryed out , wheresoever they had time and place , he that sheweth sinners favour , doth but teach the innocent to sin : and therefore they themselves admitted no man to their communion upon any repentance , which once was known to have offended after baptism , making sinners thereby not the fewer , but the closer , and the more obdurate , how fair soever their pretence might seem . the grecians canon , for some one presbyter in every church to undertake the charge of penitency , and to receive their voluntary confessions , which had sinned after baptism ; continued in force for the space of above some hundred years , till nectarius , and the bishops of churches under him begun a second alteration , abolishing even that confession which their penitentiaries took in private . there came to the penitentiary of the church of constantinople , a certain gentlewoman , and to him she made particular confession of her faults committed after baptism , whom thereupon he advised to continue in fasting and prayer , that as with tongue she had acknowledged her sins , so there might appear likewise in her some work worthy of repentance : but the gentlewoman goeth forward , and detecteth her self of a crime , whereby they were forced to dis-robe an ecclesiastical person , that is , to degrade a deacon of the same church . when the matter by this mean came to publick notice , the people were in a kind of tumult offended , not onely at that which was done , but much more , because the church should thereby endure open infamy and scorn . the clergy was perplexed and altogether doubtfull what way to take , till one eudemon born in alexandria , but at that time a priest in the church of constantinople , considering that the causes of voluntary confession whether publick or private , was , especially to seek the churches ayd as hath been before declared , lest men should either not communicate with others , or wittingly hazard their souls , if so be they did communicate , and that the inconvenience which grew to the whole church was otherwise exceeding great , but especially grievous by means of so manifold offensive detections , which must needs be continually more , as the world did it self wax continually worse , for antiquity together with the gravity and severity thereof ( saith sozomen ) had already begun by little and little to degenerate into loose and careless living , whereas before offences were less , partly through bashfulness in them which open their own faults , and partly by means of their great austerity , which sate as judges in this business ; these things eudaemon having weighed with himself , resolved easily the mind of nectarius , that the penitentiaries office must be taken away , and for participation in gods holy mysteries every man be left to his own conscience , which was , as he thought , the onely means to free the church from danger of obloquie and disgrace . thus much ( saith socrates ) i am the bolder to relate , because i received it from eudaemons own mouth , to whom mine answer was at that time ; whether your counsel , sir , have been for the churches good , or otherwise , god knoweth . but i see , you have given occasion , whereby we shall not now any more reprehend one anothers faults , nor observe that apostolick precept , which saith , have no fellowship with the unfruitful works of darknesse ; but rather be ye also reprovers of them . with socrates , sozomen both agreeth in the occasion of abolishing penitentiaries ; and moreover testifieth also , that in his time living with the younger theodosius ; the same abolition did still continue , and that the bishops had in a manner every where followed the example given them by nectarius . wherefore to implead the truth of this history , cardinal baronius alledgeeth , that socrates , sozomen , and eudaemon were all novatianists , and that they falsifie in saying , ( for so they report ) that as many as held the consubstantial being of christ , gave their assent to the abrogation of the forehearsed canon . the summe is , he would have it taken for a fable , and the world to be perswaded , that nectarius did never any such thing . why then should socrates first , and afterwards sozomen , publish it ? to please their pew-fellows , the disciples of novatien . a poor gratification , and they very silly friends , that would take lyes for good-turns : for the more acceptable the matter was , being deemed true , the lesse they must needs ( when they found the contrary ) either credit , or affect him which had deceived them . notwithstanding , we know that joy and gladness rising from false information , do not onely make men so forward to believe that which they first hear , but also apt to scholie upon it , and to report as true whatsoever they wish were true . but , so farr is socrates from any such purpose , that the fact of nectarius , which others did both like and follow , he doth disallow and reprove . his speech to eudemon before set down , is proof sufficient that he writeth nothing , but what was famously known to all , and what himself did wish had been otherwise . as for sozomen his correspondency with hereticks ; having shewed to what end the church did first ordain penitentiaries , he addeth immediately , that novatianists , which had no care of repentance , could have no need of this office. are these the words of a friend or enemy ? besides , in the entrace of that whole narration : not to sinne ( saith he ) at all , would require a nature more divine than ours is : but , god hath commanded to pardon sinners ; yea , although they transgresse and offend often . could there be any thing spoken more directly opposite to the doctrine of novatian ? eudaemon was presbyter under nectarius . to novatianists the emperour gave liberty of using their religion quietly by themselves , under a bishop of their own , even within the city , for that they stood with the church in defence of the catholick faith against all other hereticks besides . had therefore eudaemon favoured their heresie ; their camps were not pitched so farr off , but he might at all times have found easie accesse unto them . is there any man that hath lived with him , and hath touched him that way ? if not , why suspect we him more than nectarius ? their report touching grecian catholick bishops , who gave approbation to that which was done , and did also the like themselves in their own churches , we have no reason to discredit without some manifest and clear evidence brought against it . for of catholick bishops , no likelihood but that their greatest respect to nectarius , a man honored in those parts no lesse than the bishop of rome himself in the western churches , brought them both easily and speedily unto conformity with him , arrians , eunomians , apollinarians , and the rest that stood divided from the church , held their penitentiaries as before . novatianists from the beginning had never any , because their opinion touching penitency , was against the practice of the church therein , and a cause why they severed themselves from the church ; so that the very state of things , as they then stood , giveth great shew of probability to his speech , who hath affirmed , that they onely which held the sonne consubstantial with the father , and novatianists which joyned with them in the same opinion , had no penitentiaries in their churches ; the rest retained them . by this it appeareth therefore how baronius finding the relation plain , that nectarius did abolish even those private secret confessions which the people had been before accustomed to make to him that was penitentiary , laboureth what he may to discredit the authors of the report , and to leave it imprinted in mens mindes , that whereas nectarius did but abrogate publick confession , novatianists have maliciously forged the abolition of private , as if the oddes between these two were so great in the ballance of their judgement , which equally hated or contemned both ; or , as if it were not more clear than light , that the first alteration which established penitentiaries , took away the burthen of publick confession in that kinde of penitents ; and therefore the second must either abrogate private , or nothing . cardinal bellarmine therefore finding that against the writers of the history , it is but in vain to stand upon so doubtful terms , and exceptions , endeavoureth mightily to prove , even by their report , no other confession taken away then publick which penitentiaries used in private , to impose upon publick offenders ; for why ? it is ( saith he ) very certain that the name of penitents in the fathers writings signifieth onely publick penitents ; certain , that to hear the confessions of the rest now more than one could possibly have done ; certain , that sozomen , to shew how the latine church retained in his time what the greek had clean cast off , declareth the whole order of publick penitency used in the church of rome , but of private he maketh no mention . and , in these considerations , bellarmine will have it the meaning both of socrates and sozomen , that the former episcopal constitution , which first did erect penitentiaries , could not concern any other offenders , than such as publickly had sinned after baptisme . that onely they , were prohibited to come to the holy communion , except they did first in secret confesse all their sinnes to the penitentiary , by his appointment openly acknowledge their open crimes , and doe publick penance for them : that whereas before novatian's uprising , no man was constrainable to confesse publickly any sinne , this canon enforced publick offenders thereunto , till such time as nectarius thought good to extinguish the practice thereof . let us examine therefore these subtile and fine conjectures , whether they be able to hold the touch , it seemeth good ( saith socrates ) to put down the office of these priests which had charge of penitency ; what charge that was , the kindes of penitency then usual must make manifest . there is often speech in the fathers writings , in their books frequent mention of penitency ; exercised within the chambers of our heart , and seen of god , and not communicated to any other , the whole charge of which penitency is imposed of god , and doth rest upon the sinner himself . but if penitents in secret , being guilty of crimes whereby they knew they had made themselves unfit guests for the table of our lord , did seek direction for their better performance of that which should set them clear ; it was in this case the penitentiaries office to take their confessions , to advise them the best way he could for their souls good , to admonish them , to counsel them , but not to lay upon them more than private penance . as for notorious wicked persons , whose crimes were known , to convict , judge , and punish them , was the office of the ecclesiastical consistory ; penitentiaries had their institution to another end : but unlesse we imagine that the antient time knew no other repentance then publick , or that they had little occasion to speak of any other repentance , or else that in speaking thereof they used continually some other name , and not the name of repentance whereby to express private penitency , how standeth it with reason , that whensoever they write of penitents , it should be thought they meant only publick penitents ? the truth is , they handle all three kindes , but private and voluntary repentance much oftner , as being of farr more general use , whereas publick was but incident unto few , and not oftner than once incident unto any . howbeit , because they do not distinguish one kinde of penitency from another by difference of names , our safest way for construction , is , to follow circumstance of matter , which in this narration will not yield it self applyable onely unto publick penance , do what they can , that would so expound it . they boldly and confidently affirm , that , no man being compellable to confesse publickly any sinne before novatius time , the end of instituting penitentiaries afterwards in the church , was , that by them , men might be constrained unto publick confession . is there any record in the world which doth testifie this to be true ? there is that testifie the plain contrary ; for sozomen , declaring purposely the cause of their institution , saith , that whereas men openly craving pardon at god's hands ( for publick confession , the last act of penitency , was alwayes made in the form of a contrite prayer unto god , ) it could not be avoided , but they must withall confesse what their offences were ; this , is the opinion of their prelate , seemed , from the first beginning ( as we may probably think ) to be somewhat burthensome , that men , whose crimes were unknown , should blaze their own faults , as it were on the stage , acquainting all the people with whatsoever they had done amisse . and therefore to remedy this inconvenience , they laid the charge upon one onely priest , chosen out of such as were of best conversation , a silent and a discreet man , to whom they which had offended might resort , and lay open their lives . he , according to the quality of every one's transgressions , appointed what they should do or suffer , and left them to execute it upon themselves . can we wish a more direct and evident testimonie , that the office here spoken of , was to ease voluntary penitents from the burthen of publick confessions , and not to constrain notorious offenders thereunto ? that such offenders were not compellable to open confessions till novatian's time , that is to say , till after the dayes of persecution under decius the emperour , they , of all men , should not so peremptorily avouch ; which whom , if fabian bishop of rome , who suffered martyrdom in the first year of decius , be of any authority and credit , it must inforce them to reverse their sentence ; his words are so plain and clear against them . for such as commit those crimes , whereof the apostle hath said , they that do them shall never inherit the kingdom of heaven , must ( saith he ) be forced unto amendment , because they slipp down to hell , if ecclesiastical authority stay them not . their conceit of impossibility that one man should suffice to take the general charge of penitency in such a church as constantinople , hath risen from a meer erroneous supposal , that the antient manner of private confession was like the shrift at this day usual in the church of rome , which tyeth all men at one certain time to make confession , whereas confession was then neither looked for , till men did offer it , nor offered for the most part by any other , than such as were guilty of haynous transgressions , nor to them any time appointed for that purpose . finally , the drift which sozomen had in relating the discipline of rome , and the form of publick penitency there retained even till his time , is not to signifie that onely publick confession was abrogated by nectarius , but that the west or latin church held still one and the same order from the very beginning , and had not , as the greek , first cut off publick voluntary confession , by ordaining , and then private by removing penitentiaries . wherefore , to conclude , it standeth , i hope , very plain and clear , first against the one cardinal , that nectarius did truly abrogate confession in such sort as the ecclesiastical history hath reported ; and , secondly , as clear against them both , that it was not publick confession onely which nectarius did abolish . the paradox in maintenance whereof hessels wrote purposely a book touching this argument , to shew that nectarius did but put the penitentiary from his office , and not take away the office it self , is repugnant to the whole advice which eudaemon gave , of leaving the people from that time forward to their own consciences , repugnant to the conference between socrates and eudamon , wherein complaint is made of some inconvenience , which the want of the office would breed ; finally , repugnant to that which the history declareth concerning other churches which did as nectarius had done before them , not in deposing the same man ( for that was impossible ) but in removing the same office out of their churches , which nectarius had banished from his . for which cause , bellarmin doth well reject the opinion of hessels , howsoever it please pamelius to admire it as a wonderful happy invention . but in sum , they are all gravelled , no one of them able to go smoothly away , and to satisfie either others or himself , with his own conceit concerning nectarius . only in this they are stiff , that auricular confession nectarius did not abrogate , left if so much should be acknowledged , it might enforce them to grant , that the greek church at that time held not confession , as the latin now doth , to be the part of a sacrament instituted by our saviour jesus christ , which therefore the church till the worlds end hath no power to alter . yet seeing that as long as publick voluntary confession of private crimes did continue in either church ( as in the one it remained not much above . years , in the other about . ) the only acts of such repentance were ; first , the offender's intimation of those crimes to some one presbyter , for which imposition of penance was sought ; secondly , the undertaking of penance imposed by the bishop ; thirdly , after the same performed and ended , open confession to god in the hearing of the whole church ; whereupon , fourthly , ensued the prayer of the church ; fifthly , then the bishop's imposition of hands ; and so , sixthly , the parties reconciliation or restitution to his former right in the holy sacrament . i would gladly know of them which make onely private confession a part of their sacrament of penance , how it could be so in those times : for where the sacrament of penance is ministred , they hold that confession to be sacramental which he receiveth who must absolve ; whereas during the fore-rehearsed manner of penance , it can no where be shewed , that the priest to whom secret information was given , did reconcile , or absolve any : for , how could he ? when publick confession was to goe before reconciliation , and reconciliation likewise in publick thereupon to ensue ● so , that if they did account any confession sacramental , it was surely publicke , which is now abolish'd in the church of rome ; and as for that which the church of rome doth so esteem , the ancient neither had it in such estimation , nor thought it to be of so absolute necessity for the taking away of sinne : but , ( for any thing that i could ever observe out of them ) although not onely in crimes open and notorious , which made men unworthy and uncapable of holy mysteries , their discipline required , first publicke penance , and then granted that which saint hierona mentioneth , saying , the priest layeth his hand upon the penitent , and by invocation intreateth that the holy ghost may return to him again , and so after having enjoyned solemnly all the people to pray for him , reconcileth to the altar him who was delivered to satan for the destruction of his flesh , that his spirit might be safe in the day of the lord. although i say not onely in such offences being famously known to the world , but also if the same were committed secretly , it was the custom of those times , both that private intimation should be given , and publick confession made thereof ; in which respect whereas all men did willingly the one , but would as willingly have withdrawn themselves from the other , had they known how ; is it tolerable , ( saith saint ambrose ) that to sue to god thou shouldst be ashamed , which blushest not to seek and sue unto man ? should it grieve thee to be a suppliant to him , from whom thou canst not possibly hide thy self ; when to open thy sinnes to him , from whom , if thou wouldst , thou mightest conceal them , it doth not any thing at all trouble thee ? this thou art loath to do in the church , where , all being sinners , nothing is more opprobrious indeed than concealment of sinne , the most humble the best thought of , and the lowliest accounted the justest . all this notwithstanding , we should do them very great wrong , to father any such opinion upon them , as if they did teach it a thing impossible for any sinner to reconcile himself unto god , without confession unto the priest. would chrysostom thus perswaded have said , let the enquiry and punishment of thy offences be made in thine own thoughts , let the tribunal whereat thou arraignest thy self be without witness , let god , and only god , see thee and thy confession . would cassianus so believing have given counsel , that if any were withheld with bashfulness from discovering their faulis to men , they should be so much the more instant and constant in opening them by supplication to god himself , whose wont is to help without publication of mens shame , and not to upbraid them when he pardoneth ? finally , would prosper settled in this opinion have made it , as touching reconciliation to god , a matter indifferent , whether men of ecclesiastical order did detect their crimes by confession , or leaving the world ignorant thereof , would separate voluntarily themselves for a time from the altar ; though not in affection , yet in execution of their ministry , and so bewaile their corrupt life ? would he have willed them as he doth , to make hold of it , that the favour of god being either way recovered by fruits of forcible repentance , they should not only receive whatsoever they had lost by sinne , but also after this their new enfranchisement , aspire to the endless joyes of that supernal city ? to conclude , we every where finde the use of confession , especially publick , allowed of , and commended by the fathers ; but that extream and rigorous necessity of auricular and private confession , which is at this day so mightily upheld by the church of rome , we finde nor . first , it was not then the faith and doctrine of god's church , as of the papacy at this present . secondly , that the onely remedy for sinne after baptisme , is sacramental penitency . thirdly , that confession in secret , is an essential part thereof . fourthly , that god himself cannot now forgive sin without the priest. that , because forgivenesse at the hands of the priest must arise from confession in the offenders ; therefore to confesse unto him , is a matter of such necessity , as being not either in deed , or at the least in desire performed , excludeth utterly from all pardon , and must consequently in scripture be commanded , wheresoever any promise or forgivenesse is made . no , no ; these opinions have youth in their countenance , antiquity knew them not , it never thought nor dreamed of them . but to let passe the papacy . for as much as repentance doth import alteration within the minde of a sinful man , whereby , through the power of god's most gracious and blessed spirit , he seeth , and with unfeigned sorrow acknowledgeth former offences committed against god , hath them in utter detestation , seeketh pardon for them in such sort as a christian should doe , and with a resolute purpose settleth himself to avoid them , leading , as near as god shall assist him , for ever after an unspotted life ; and in the order ( which christian religion hath taught for procurement of god's mercy towards sinners ) confession is acknowledged a principal duty ; yea , in some cases , confesion to man , not to god onely ; it is not in reformed churches denied by the learneder sort of divines , but that even this confession , cleared from all errors , is both lawful and behoveful for gods people . confession by man being either private or publick , private confession to the minister alone touching secret crimes , or absolution thereupon ensuing , as the one , so the other is neither practised by the french discipline , nor used in any of those churches , which have been cast by the french mould . open confession to be made in the face of the whole congregation by notorious malefactors , they hold necessary ; howbeit not necessary towards the remission of sinnes : but only in some sort to content the church , and that one man's repentance may seem to strengthen many , which before have been weakned by one man's fall . saxonians and bohemians in their discipline constrain no man to open confession : their doctrine is , that whose faults have been publick , and thereby scandalous unto the world , such , when god giveth them the spirit of repentance , ought as solemnly to return , as they have openly gone astray . first , for the better testimony of their own unfeigned conversion unto god. secondly , the more to notifie their reconcilement unto the church . and lastly , that others may make benefit of their example . but concerning confession in private , the churches of germany , as well the rest as lutherans , agree , that all men should at certain times confesse their offences to god in the hearing of gods ministers , thereby to shew how their sinnes displease them , to receive instruction for the warier carriage of themselves hereafter , to be soundly resolved , if any scruple or snare of conscience do entangle their mindes , and which is most material , to the end that men may at gods hands seek every one his own particular pardon , through the power of those keys , which the minister of god using according to our blessed saviours institution in that case , it is their part to accept the benefit thereof , as gods most merciful ordinance for their good , and , without any distrust or doubt , to embrace joyfully his grace so given them , according to the word of our lord , which hath said , whose sinnes ye remit they are remitted . so that grounding upon this assured belief , they are to rest with mindes encouraged and perswaded concerning the forgiveness of all their sinnes , as out of christ's own word and power by the ministry of the keyes . it standeth with us in the church of england , as touching publick confession , thus : first , seeing day by day we in our church begin our publick prayers to almighty god , with publick acknowledgement of our sinnes , in which confession every man , prostrate as it were before his glorious majesty , cryeth against himself , and the minister with one sentence pronounceth universally all clear , whose acknowledgement so made hath proceeded from a true penitent minde ; what reason is there , every man should not , under the general terms of confession , represent to himself his own particulars whatsoever , and adjoyning thereunto that affection which a contrite spirit worketh , embrace to as full effect the words of divine grace , as if the same were severally and particularly uttered with addition of prayers , imposition of hands , or all the ceremonies and solemnities that might be used for the strengthening of men's affiance in god's peculiar mercy towards them ? such complements are helps to support our weaknesse , and not causes that serve to procare or produce his gifts , as david speaketh . the difference of general and particular formes in confession and absolution , is not so material , that any man's safety or ghostly good should depend upon it . and for private confession and absolution , it standeth thus with us : the minister's power to absolve is publickly taught and professed , the church not denyed to have authority either of abridging , or enlarging the use and exercise of that power ; upon the people no such necessity imposed of opening their trangression unto men , as if remission of sinnes otherwise were impossible , neither any such opinion had of the thing it self , as though it were either unlawfull or unprofitable , saving onely for these inconveniences , which the world hath by experience observed in it heretofore . and in regard thereof , the church of england hitherto hath thought it the safe way to referre men's hidden crimes unto god and themselves onely ; howbeit , not without special caution for the admonition of such as come to the holy sacrament , and for the comfort of such as are ready to depart the world. first , because there are but few that consider how much that part of divine service , which consists in partaking the holy eucharist , doth import their souls ; what they lose by neglect thereof , and what by devout practise they might attain unto : therefore , lest carelesnesse of general confession should , as commonly it doth , extinguish all remorse of mens particular enormous crimes , our custome ( whensoever men present themselves at the lords table ) is , solemnly to give themselves fearfull admonition , what woes are perpendicularly hanging over the heads of such as dare adventure to put forth their unworthy hands to those admirable mysteries of life , which have , by rare examples , been proved conduits of irremediable death to impenitent receivers ; whom therefore , as we repel being known , so being not known we cannot but terrifie . yet , with us , the ministers of god's most holy word and sacraments , being all put in trust with the custody and dispensation of those mysteries , wherein our communion is , and hath been ever , accounted the highest grace that men on earth are admitted unto ; have therefore all equally the same power to with-hold that sacred mystical food from notorious evil-livers , from such as have any way wronged their neighbours , and from parties , between whom there doth open hatred and malice appear , till the first sort have reformed their wicked lives , the second recompensed them unto whom they were injurious , and the last condescended unto some course of christian reconciliation , whereupon their mutual accord may ensue . in which cases for the first branch of wicked life ; and the last , which is open enmity ; there can arise no great difficultie about the exercise of his power : in the second , concerning wrongs , there may , if men shall presume to define or measure injuries , according to their own conceits , depraved oftentimes , as well by errour , as partialitie , and that no lesse to the minister himself , then in another of the people under him . the knowledge therefore which he taketh of wrongs must rise , as it doth in the other two , not from his own opinion , or conscience , but from the evidence of the fact which is committed ; yea , from such evidence as neither doth admit denyal nor defence . for if the offender , having either colour of law to uphold , or any other pretence , to excuse his own uncharitable and wrongful dealings , shall wilfully stand in defence thereof , it serveth as barr to the power of the minister in this kinde . because ( as it is observed by men of very good judgment in these affairs ) although in this sort our separating of them be not to strike them with the mortal wound of excommunication , but to stay them rather from running desperately head-long into their owne harm ; yet it is not in us , to sever from the holy communion , but such as are either found culpable by their own confession , or have been convicted in some publick , secular or ecclesiastical court. for , who is he , that dares take upon him to be any man 's both accuser and judge ? evil persons are not rashly , and ( as we lift ) to be thrust from communion with the church : insomuch that if we cannot proceed against them by any orderly course of judgement , they rather are to be suffered for the time then molested . many there are reclaimed , as peter ; many , as iudas known well enough , and yet tolerated ; many which must remain un-deseryed till the day of appearance , by whom the secret corners of darknesse shall be brought into open light. leaving therefore unto his judgement , them , whom we cannot stay from casting their own souls into so great hazard , we have in the other part of penitential jurisdiction , in our power and authoritie to release sinne , joy on all sides , without trouble or molestation unto any . and , if to give , be a thing more blessed than to receive , are we not infinitely happyer in being authorized to bestow the treasure of god , than when necessitie doth constrain to with-draw the same ? they which , during life and health , are never destitute of wayes to delude repentance , do notwithstanding oftentimes , when their last hour draweth on , both feel that sting , which before lay dead in them , and also thirst after such helps as have been alwayes , till then , unsavoury ; saint ambrose his wordstouching late repentance are somewhat hard , if a man be penitent , and receive absolution ( which cannot in that case be denyed him ) even at the very point of death , and so depart , i dare not affirm he goeth out of the world well ; i will counsel no man to trust to this , because i am loath to deceive any man , seeing i know not what to think of it . shall i iudge such a one a cast-away ? neither will i avouch him safe : all i am able to say , is , let his estate be left to the will and pleasure of almighty god : wilt thou be therefore delivered of all doubt ? repent while yet thou art healthy and strong : if thou defert it till time give no longer possibility of sinning , thou canst not be thought to have left sinne , but rather sinne to have forsaken thee . such admonitions may in their time and place be necessary , but in no wise prejudicial to the generality of god's own high and heavenly promise , whensoever a sinner doth repent from the bottom of his heart , i will put out all his iniquity . and of this , although it have pleased god not to leave to the world any multitude of examples , lest the carelesse should too farr presume , yet one he hath given , and that most memorable , to withhold from despair in the mercies of god , at what instant so ever man's unfeigned conversion be wrought . yea , because to countervail the fault of delay , there are in the latest repentance oftentimes the surest tokens of sincere dealing ; therefore upon special confession made to the minister of god , he presently absolveth in this case the sick party from all sinnes by that authority which jesus christ hath committed unto him , knowing that god respecteth not so much what time is spent , as what truth is shewed in repentance . in summe , when the offence doth stand onely between god and man's conscience , the counsel is good , which saint chrysostom giveth , i wish thee not to bewray thy self publickly , nor to accuse thy self before others , i wish thee to obey the prophet who saith , disclose thy way unto the lord , confesse thy sins before him ; tell thy sins to him that he may blot them out . if thou be abashed to tell unto any other , wherein thou hast offended , rehearse them every day between thee and thy soul. i wish thee not to confesse them to thy fellow-servant , who may upbraid thee with them ; tell them to god , who will cure them ; there is no need for thee in the presence of witnesses to acknowledge them ; let god alone see thee at thy confession ; i pray and beseech you , that you would more often than you do , confesse to god eternal , and reckoning up your trespasses , desire his pardon . i carry you not into a theatre or open court of many your fellow-servants , i seek not to detect your crimes before men ; disclose your conscience before god , unfold yourselves to him , lay forth your wounds before him the best physician that is , and desire of him salve for them . if hereupon it follow , as it did with david , i thought , i will confesse against my self my wickednesse unto thee o lord , and thou forgavest me the plague of my sinne , we have our desire , and there remaineth only thankfulnesse , accompanied with perpetuity of care to avoid that , which being not avoided , we know we cannot remedy without new perplexity and grief . contrariwise , if peace with god do not follow the pains we have taken in seeking afterit , if we continue disquieted , and not delivered from anguish , mistrusting whether that we do be sufficient ; it argueth that our soar doth exceed the power of our own skill , and that the wisedom of the pastor must binde up those parts , which being bruised , are not able to be recured of themselves . of satisfaction . there resteth now satisfaction only to be considered ; a point which the fathers do often touch , albeit they never aspire to such mysteries as the papacy hath found enwrapped within the folds , and plaits thereof . and it is happy for the church of god that we have the writings of the fathers , to shew what their meaning was . the name of satisfaction , as the antient fathers meant it , containeth whatsoever a penitent should do in the humbling himself unto god , and testifying by deeds of contrition , the same which confession in words pretendeth ; he which by repentance for sins ( saith tertullian , speaking of fickle-minded-men ) had a purpose to satisfie the lord , will now , by repenting his repentance , make satan satisfaction ; and be so much more hateful to god , as he is unto gods enemy more acceptable . is it not plain , that satisfaction doth here include the whole work of penitency , and that god is satisfied , when men are restored through sin into favour by repentance ? how canst thou ( saith chrysostom ) move god to pity thee ; when thou wilt not seem as much as to know that thou hast offended ? by appeasing , pacifying , and moving god to pity , saint chrysostom meaneth the very same with the latin fathers , when they speak of satisfying god. we feel ( saith cyprian ) the bitter smart of his rod and scourge , because there is in us neither care to please him with our good deeds , nor to satisfie him for our evil . again , let the eyes which have looked on idols , spunge out their unlawful acts with those sorrowful tears , which have power to satisfie god. the master of sentences alledgeth out of saint augustine , that which is plain enough to this purpose : three things there are in perfect penitency , compunction , confession , and satisfaction ; that as we three wayes offend god , namely in heart , word , and deed ; so by three duties we may satisfie god. satisfaction , as a part , comprehendeth only that which the papists meant by worthy of repentance ; and if we speak of the whole work of repentance it self , we may , in the phrase of antiquity , term it very well satisfaction . satisfaction is a work which justice requireth to be done for contentment of persons injured ▪ neither is it in the eye of justice a sufficient satisfaction , unless it fully equal the injury for which we satisfie . seeing then that sin against god eternal and infinite , must needs be an infinite wrong : justice , in regard thereof , doth necessarily exact an infinite recompence ; or else inflict upon the offender infinite punishment . now , because god was thus to be satisfied ; and man not able to make satisfaction , in such sort his unspeakable love and inclination to save mankinde from eternal death ordained in our behalf a mediatour to do that which had been for any other impossible : wherefore all sin is remitted in the only faith of christ's passion , and no man without belief thereof justified ; bonavent . in sentent . . dist . . . . faith alone maketh christ's satisfaction ours , howbeit that faith alone which after sinne maketh us by conversion his . for in as much as god will have the benefit of christ's satisfaction , both thankfully acknowledged , and duly esteemed , of all such as enjoy the same , he therefore imparteth so high a treasure unto no man , whose faith hath not made him willing , by repentance , to do even that which of it self , how unavailable soever , yet being required , and accepted with god , we are , in christ , thereby made capable , and sit vessels to receive the fruits of his satisfaction : yea , we so farr please and content god , that because when we have offended , he looketh but for repentance at our hands ; our repentance , and the works thereof , are therefore termed satisfactory , not for that so much is thereby done as the justice of god can exact , but because such actions of grief and humility in man after sinne , are illices divine misericordiae ( as tertullian speaketh of them ) they draw that pity of god's towards us , wherein he is for christ's sake contented , upon our submission , to pardon our rebellion against him ; and when that little which his law appointeth is faithfully executed , it pleaseth him in tender compassion and mercy to require no more . repentance is a name which noteth the habit and operation of a certain grace , or vertue in us : satisfaction , the effect which it hath , either with god or man. and it is not in this respect said amiss , that satisfaction importeth acceptation , reconciliation , and amity ; because that , through satisfaction on the one part made , and allowed on the other , they which before did reject are now content to receive , they to be won again which were lost , and they to love unto whom just cause of hatred was given . we satisfie therefore in doing that which is sufficient to this effect ; and they towards whom we do it are satisfied , if they accept it as sufficient , and require no more : otherwise we satisfie not , although we do satisfie : for so between man and man it oftentimes falleth out , but between man and god , never ; it is therefore true , that our lord jesus christ by one most precious and propitiatory sacrifice , which was his body , a gift of infinite worth , offered for the sins of the whole world , hath thereby once reconciled us to god , purchased his general free pardon , and turned divine indignation from mankinde . but we are not for that cause to think , any office of penitence , either needless or fruitless , on our own behalf . for then would not god require any such duties at our hands ; christ doth remain everlastingly a gracious intercessour , even for every particular penitent . let this assure us , that god , how highly soever displeased and incensed with our sins , is notwithstanding , for his sake , by our tears , pacified , taking that for satisfaction , which is due by us , because christ hath by his satisfaction made it acceptable . for , as he is the high priest of our salvation , so he hath made us priests likewise under him , to the end we might offer unto god praise and thankfulness while we continue in the way of life ; and when we sin , the satisfactory or propitiatory sacrifice of a broken and a contrite heart . there is not any thing that we do that could pacifie god , and clear us in his sight from sin , if the goodness and mercy of our lord jesus christ were not , whereas now beholding the poor offer of our religions endeavours , meekly to submit our selves as often as we have offended , he regardeth with infinite mercy those services which are as nothing , and with words of comfort reviveth our afflicted mindes , saying , it ● i , even i that taketh away thine iniquities for mine own sake . thus doth repentance satisfie god , changing his wrath and indignation unto mercy . anger and mercy are in us , passions ; but in him , not so . god ( saith saint basil ) is no wayes passionate , but because the punishments which his judgment doth inflict , are like effect of indignation severe and grievous to such as suffer them , therefore we term the revenge which he taketh upon sinners anger , and the withdrawing of his plagues , mercy . his wrath ( saith st. augustin ) is not as ours , the trouble of a minde disturbed and disquieted with things amiss , but a ralm , unpassionate , and just assignation of dreadful punishment to be their portion which have disobeyed ; his mercy a free determination of all felicity and happiness unto men , except their sins remain as a bar between it and them . so that when god doth cease to be angry with sinful men , when he receiveth them into favour , when he pardoneth their offences , and remembreth their iniquities no more , ( for all these signifie but one thing ) it must needs follow , that all punishments before due is revenge of sinne , whether they be temporal or eternal , are remitted . for how should god's indignation import only man's punishment , and yet some punishment remain unto them towards whom there is now in god no indignation remaining ? god ( saith tertullian ) takes penitency at mens hands ; and men at his , in lieu thereof , receive impunity ; which notwithstanding doth not prejudice the chastisements which god , after pardon , hath laid upon some offenders , as on a the people of israel , on b moses , on c miriam , on d david , either for their own e more sound amendment , or for f example unto others in this present world ( for in the world to come , punishments have unto these intents no use , the dead being not in case to be better by correction , nor to take warning by executions of god's justice there seen ) but assuredly to whomsoever he remitteth sinne , their very pardon is in it self a full , absolute , and perfect discharge for revengeful punishment , which god doth now here threaten , but with purpose of revocation if men repent , no where inflict but on them whom impenitency maketh obdurate . of the one therefore it is said , though i tell the wicked , thou shalt dye the death , yet if he turneth from his sinne , and do that which is lawful and right , he shall surely live and not dye . of the other , thou according to thine hardness , and heart that will not repent , treasurest up to thy self wrath against the day of wrath , and evident appearance of the judgement of god. if god be satisfied and do pardon sinne , our justification restored is as perfect as it was at the first bestowed : for so the prophet isaiah witnesseth , though your sinnes were as crimson , they shall be made as white as snow ; though they were as scarlet , they shall be as white as wool . and can we doubt concerning the punishment of revenge , which was due to sinne , but that if god be satisfied and have forgotten his wrath , it must be , even as saint augustine reasoneth , g what god hath covered , he will not observe , and what he observeth not , he will not punish . the truth of which doctrine is not to be shifted off by restraining it unto eternal punishment alone : for then would not david have said , they are blessed to whom god imputeth not sinne ; blessednesse having no part or fellowship at all with malediction : whereas to be subject to revenge for sinne , although the punishment be but temporal , is to be under the curse of the law , wherefore , as one and the same fire consumeth stubble and refineth gold , so if it please god to lay punishment on them whose sinnes he hath forgiven ; yet is not this done for any destructive end of wasting and eating them out , as in plagues inflicted upon the impenitent , neither is the punishment of the one as of the other proportioned by the greatness of sinne past , but according to that future purpose , whereunto the goodness of god referreth it , and wherein there is nothing meant to the sufferer , but furtherance of all happiness , now in grace , and hereafter in glory ; saint augustin , to stop the mouths of pelagians , arguing , that if god had imposed death upon adam , and adam's posterity , as a punishment of sinne , death should have ceased when god procured sinners their pardon ; answereth , first , it is no marvel , either that bodily death should not have hapned to the first man , unlesse he had first sinned , ( death as punishment following his sinne ) or that after sinne is forgiven , death notwithstanding befalleth the faithful ; to the end that the strength of righteousness might be exercised , by overcoming the fear thereof . so that justly god did inflict bodily death on man for committing sinne , and yet after sinne forgiven , took it not away , that his righteousness might still have whereby to be exercised . he fortifieth this with david's example , whose sinne he forgave , and yet afflicted him for exercise and tryal of his humility . briefly , a general axiome he hath for all such chastisements , before forgiveness , they are the punishment of sinners ; and after forgiveness , they are exercises and tryals of righteous men . which kinde of proceeding is so agreeable with god's nature and man's comfort , that it seemeth even injurious to both , if we should admit those surmised reservations of temporal wrath , in god appeased towards reconciled sinners . as a father he delights in his childrens conversion , neither doth he threaten the penitent with wrath , or them with punishment which already mourn ; but by promise assureth such of indulgence and mercy , yea , even of plenary pardon , which taketh away all , both faults and penalties : there being no reason , why we should think him the lesse just , because he sheweth him thus mercifull , when they , which before were obstinate , labour to appease his wrath with the pensive meditation of contrition , the meek humility which confession expresseth , and the deeds wherewith repentance declareth it self to be an amendment as well of the rotten fruit , as the dryed leaves , and withered root of the tree . for with these duties by us performed , and presented unto god in heaven by jesus christ , whose blood is a continual sacrifice of propitiation for us , we content , please , and satisfie god. repentance therefore , even the sole vertue of repentance , without either purpose of shrift or desire of absolution from the priest ; repentance the secret conversion of the heart , in that it consisteth of these three , and doth by these three pacifie god ; may be without hyperbolical terms most truly magnified , as a recovery of the soul of man from deadly sickness , a restitution of glorious light to his darkned minde , a comfortable reconciliation with god , aspiritual nativity , a rising from the dead , a day-spring from out the depth of obscurity , a redemption from more than the aegyptian thraldom , a grinding of the old adam even into dust and powder , a deliverance out of the prisons hell , a full restauration of the seat of grace , and throne of glory , a triumph over sin , and a saving victory . amongst the works of satisfaction , the most respected have been alwayes these three , prayers , fasts , and alms-deeds ; by prayers , we lift up our souls to him from whom sinne and iniquity hath withdrawn them ; by fasting , we reduce the body from thraldom under vain delights , and make it serviceable for parts of vertuous conversation ; by alms , we dedicate to charity those worldly goods and possessions , which unrighteousness doth neither get , nor bestow well : the first , a token of piety intended towards god ; the second , a pledge of moderation and sobriety in the carriage of our own persons ; the last , a testimony of our meaning to do good to all men . in which three , the apostle , by way of abridgement , comprehendeth whatsoever may appertain to sanctimony , holynesse , and good life : as contrariwise , the very masse of general corruption throughout the world , what is it but only forgetfulnesse of god , carnal pleasure , immoderate desire after worldly things , prophaness , licentiousnesse , covetousnesse ? all offices to repentance have these two properties ; there is in performance of them painfulnesse , and in their nature a contrarietie unto sinne . the one consideration , causeth them both in holy scripture and elsewhere to be termed judgement or revenges , taken voluntarily on our selves , and to be furthermore also preservatives from future evils , in as much as we commonly use to keep with the greater care that which with pain we have recovered . and they are in the other respect contrary to sinne committed : contrition , contrary to the pleasure ; confession , to the errour , which is the mother of sinne : and to the deeds of sinne , the works of satisfaction contrary , therefore they are the more effectual to cure the evil habit thereof : hereunto it was that saint cyprian referred his earnest and vehement exhortation , that they which had fallen , should be instant in prayer , reject bodily ornaments when once they had stripped themselves out of christ's attire , abhorr all food after satan's morsels tasted , follow works of righteousnesse , which wash away sinne ; and be plentiful in alms-deeds , wherewith souls are delivered from death . not , as if god did , according to the manner of corrupt iudges , take some money to abate so much in the punishment of malefactors . these duties must be offered ( saith salvianus ) not in confidence to redeem or buy out sinne , but as tokens of meek submission ; neither are they with god accepted , because of their value , but for the affections sake , which doth thereby shew it self . wherefore , concerning satisfaction made to god by christ onely , and of the manner how repentance generally , particularly also , how certain special works of penitency , both are by the fathers , in their ordinary phrase of speech , called satisfactory , and may be by us very well so acknowledged , enough hath been spoken . our offences sometimes are of such nature as requireth that particular men be satisfied , or else repentance to be utterly void , and of none effect . for , if either through open repine , or crooked fraud ; if through injurious , or unconscionable dealing a man have wittingly wronged others to enrich himself ; the first thing evermore in his case required ( ability serving ) is restitution . for let no man deceive himself , from such offences we are not discharged , neither can be , till recompence and restitution to man , accompany the penitent confession we have made to almighty god. in which case , the law of moses was direct and plain : if any sinne and commit a trespasse against the lord , and deny unto his neighbour that which was given him to keep , or that which was put unto him of trust ; or doth by robbery , or by violence oppress his neighbour ; or hath found that which was lost , and denyeth it , and swears falsly : for any of these things that a man doth wherein he sinneth , he that doth thus offend and trespasse , shall restore the robbery that he hath taken , or the thing he hath got by violence , or that which was delivered him to keep , or the lost thing which he found ; and for whatsoever he hath sworn falsly , adding perjury to injury , he shall both restore the whole sum , and shall adde thereunto a fift part more , and deliver it unto him , unto whom it belongeth , the same day wherein he offereth for his trespasse . now , because men are commonly over-slack to perform this duty , and do therefore deferr it sometime , till god have taken the party wronged out of the world ; the law providing that trespassers might not under such pretence gain the restitution which they ought to make , appointeth the kindred surviving to receive what the dead should , if they had continued . but ( saith moses ) if the party wronged have no kinsman to whom this dammage may be restored , it shall then be rendered to the lord himself for the priest's use . the whole order of proceeding herein , is in sundry traditional writings set down by their great interpreters and scribes , which taught them that a trespasse between a man and his neighbour , can never be forgiven till the offender have by restitution made recompence for wrongs done ; yea , they hold it necessary that he appease the party grieved by submitting himself unto him ; or , is that will not serve , by using the help and mediation of others , in this case ( say they ) for any man to shew himself unappeasable and cruel , were a sinne most grievous , considering that the people of god should be easie to relent , as joseph was towards his brethren ; finally , if so it fall out that the death of him which was injured , prevent his submission which did offend ; let him then ( for so they determine that he ought ) goe accompanied with ten others unto the sepulchre of the dead , and there make confession of the fault , saying , i have sinned against the lord god of israel , and against this man , to whom i have done such or such injury ; and if money be due , let it be restored to his heirs , or in case he have none known , leave it with the house of iudgement . that is to say , with the senators , ancients , and guides of israel . we hold not christian people tyed unto jewish orders , for the manner of restitution ; but surely , restitution we must hold necessary as well in our own repentance as theirs , for sinnes of wilful oppression and wrong . now , although it suffices , that the offices wherewith we pacifie god or private men , be secretly done ; yet in cases where the church must be also satisfied ; it was not to this end and purpose unnecessary , that the antient discipline did farther require outward signes of contrition to be shewed , confession of sinnes to be made openly , and those works to be apparent which served as testimonies for conversion before men . wherein , if either hypocrisie did at any time delude their judgment , they knew , that god is he whom maskes and mockeryes cannot blinde , that he which seeth mens hearts would judge them according unto his own evidence , and , as lord , correct the sentence of his servants , concerning matters beyond their reach ; or , if such as ought to have kept the rules of canonical satisfaction , would by sinister means and practises undermine the same , obtruding presumptuously themselves to the participation of christ's most sacred mysteries , before they were orderly re-admitted thereunto , the church for contempt of holy things , held them incapable of that grace , which god in the sacrament doth impart to devout communicants ; and no doubt but he himself did retain bound , whom the church in those cases refused to loose . the fathers , as may appear by sundry decrees and canons of the primitive church , were ( in matter specially of publick scandal ) provident , that too much facility of pardoning might not be shewed . he that casteth off his lawful wife ( saith saint basil ) and doth take another , it adjudged an adulterer by the verdict of our lord himself ; and by our fathers it is canonically ordained , that such for the space of a year shall mourn , for two years space hear , three years be prostrate , the seventh year assemble with the faithful in prayer , and after that be admitted to communicate , if with tears they bewail their fault . of them which had fallen from their faith in the time of emperour licinius , and were not thereunto forced by any extream usage , the nicene synod , under constantine ordained , that earnestly repenting , they should continue three years hearers , seven years be prostrate , and two years communicate with the people in prayer , before they came to receive the oblation . which rigour sometimes they tempered nevertheless with lenity , the self-same synod having likewise defined , that whatsoever the cause were , any man desirous at the time of departure out of this life to receive the eucharist , might ( with examination and tryal ) have it granted him by the bishop . yea , besides this case of special commiseration , there is a canon more large which giveth always liberty to abridge , or extend out the time , as the parties meek , or sturdy , disposition should require . by means of which discipline , the church having power to hold them many years in suspence , there was bred in the mindes of the penitents , through long and daily practise of submission , a contrary habit unto that which before had been their ruine , and for ever afterwards wariness not to fall into those snares , out of which they knew they could not easily winde themselves . notwithstanding , because there was likewise hope , and possibility of shortning the time , this made them in all the parts and offices of their repentance the more fervent . in the first station , while they onely beheld others passing towards the temple of god , whereunto for themselves to approach it was not lawful , they stood as miserable forlorn men , the very patterns of perplexity and woe . in the second , when they had the favour to wait at the doors of god , where the sound of his comfortable word might be heard , none received it with attention like to theirs : thirdly , being taken and admitted to the next degree of prostrates , at the feet , yet behinde the back of that angel representing god , whom the rest saw face to face ; their tears , and entreaties both of pastour and people were such as no man could resist . after the fourth step , which gave them liberty to hear and pray with the rest of the people , being so near the haven , no diligence was then flacked which might hasten admission to the heavenly table of christ , their last desire . it is not therefore a thing to be marvelled at , though saint cyprian took it in very ill part , when open back-sliders from the faith and sacred religion of christ , laboured by sinister practise to procure from imprisoned saints , those requests for present absolution , which the church could neither yield unto with safety of discipline , nor in honour of martyrdom easily deny . for , what would thereby ensue , they needed not to conjecture , when they saw how every man which came so commended to the church by letters , thought that now he needed not to crave , but might challenge of duty his peace , taking the matter very highly , if but any little forbearance , or small delay was used . he which is overthrown ( saith cyprian ) menaceth them that stand , the wounded them that were never toucht ; and because presently he hath not the body of our lord , in his foul imbrued hands , nor the blood within his polluted lips , the miscreant fumeth at god's priests ; such is thy madness , o thou furious man , thou art angry with him , which laboureth to turn away god's anger from thee ; him thou threatnest , which sueth unto god for grace , and mercy on thy behalf . touching martyrs , he answereth , that it ought not in this case to seem offensive , though they were denied , seeing god himself did refuse to yield to the piety of his own righteous saints , making suit for obdurate iews . as for the parties , in whose behalf such shifts were used , to have their desire , was , in very truth , the way to make them the more guilty : such peace granted contrary to the rigour of the gospel , contrary to the law of our lord and god , doth but under colour of merciful relaxation deceive sinners , and by soft handling destroy them , a grace dangerous for the giver ; and to him which receiveth it , nothing at all available . the patient expectation that bringeth health , is , by this means , not regarded ; recovery of soundness not sought for by the only medicine available , which is satisfaction penitency thrown out of men's hearts , the remembrance of that heaviest and last judgement clean banish'd ; the wounds of dying men , which should be healed , are covered , the stroke of death , which hath gone as deep as any bowels are to receive it , is over-cast with the sleight shew of a cloudy look . from the altar of satan to the holy table of the lord , men are not afraid to come ; even belching in a manner the sacrificed morsels they have eaten , yea , their jaws yet breathing out the irksome savour of their former contagious wickedness , they seize upon the blessed body of our lord , nothing terrified with that dreadful commination , which saith , whosoever eateth and drinketh unworthily , is guilty of the body and blood of christ. they vainly think it to be peace which is gotten before they be purged of their faults , before their crime be solemnly confest , before their conscience be cleared by the sacrifice and imposition of the priest's hands , and before they have pacified the indignation of god. why term they that a favour , which is an injury ? wherefore cloak they impiety with the name of charitable indulgence ? such facility giveth not , but rather taketh away peace , and is it self another fresh persecution or tryal , whereby that fraudulent enemy maketh a secret havock of such as before he had overthrown ; and now , to the end that he may clean swallow them , he casteth sorrow into a dead sleep , putteth grief to silence , wipeth away the memory of faults newly done , smothereth the sighs that should rise from a contrite spirit , dryeth up eyes which ought to send forth rivers of tears , and permitteth not god to be pacified withfull repentance , whom haynous and enormous crimes have displeased . by this then we see , that , in saint cyprian's judgement , all absolutions are void , frustrate , and of no effect , without sufficient repentance first shewed ; whereas contrariwise , if true and full satisfaction have gone before , the sentence of man here given is ratified of god in heaven , according to our saviours own sacred testimony , whose sins ye remit , they are remitted . by what works in the vertue , and by what in the discipline of repentance , we are said to satisfie either god or men , cannot now be thought obscure . as for the inventors of sacramental satisfaction , they have both altered the natural order heretofore kept in the church , by bringing in a strange preposterous course , to absolve before satisfaction be made , and moreover by this their misordered practise , are grown into sundry errours concerning the end whereunto it is referred . they imagine , beyond all conceit of antiquity , that when god doth remit sin , and the punishment eternal thereunto belonging , he reserveth the torments of hell-fire to be nevertheless endured for a time , either shorter or longer , according to the quality of men's crimes . yet so , that there is between god and man , a certain composition ( as it were ) or contract , by vertue whereof works assigned by the priest to be done after absolution shall satisfie god , as touching the punishment , which he otherwise would inflict for sin , pardoned and forgiven . now , because they cannot assure any man , that , if he performeth what the priest appointeth , it shall suffice ; this ( i say ) because they cannot do , in as much as the priest hath no power to determine or define of equivalency between sins and satisfactions ; and yet if a penitent depart this life , the debt of satisfaction being either in whole or in part un-discharged , they stedfastly hold , that the soul must remain in unspeakable torment till all be paid : therefore , for help and mittigation in this case , they advise men to set certain copes-mates on work , whose prayers and sacrifices may satisfie god for such souls as depart in debt . hence have arisen the infinite pensions of their priests , the building of so many altars and tombs , the enriching of so many churches with so many glorious costly gifts , the bequeathing of lands , and ample possessions to religious companies , even with utter forgetfulness of friends , parents , wife and children , all natural affection giving place unto that desire , which men , doubtful of their own estate , have to deliver their soals from torment after death . yet , behold even this being done , how farr forth it shall avail , they are not sure ; and therefore the last upshot unto all their former inventions , is , that as every action of christ , did both ment for himself , and satisfie partly for the eternal , and partly for the temporal punishment , due unto men for sin ; so his saints have obtained the like priviledge of grace , making every good work they do , not only meritorious in their own behalf , but satisfactory too for the benefit of others : or if , having at any time grievously sinned , they do more to satisfie god , then he in justice can exact , of look for at their hands ; the surplusage runneth to a common stock , out of which treasury , containing whatsoever christ did by way of satisfaction for temporal punishment , together with the satisfactory force which resideth in all the vertuous works of saints ; and in their satisfactions whatsoever doth abound , ( i say ) from hence they hold god satisfied for such arrerages as men behinde in accompt discharge not by other means ; and for disposition hereof , as it is their doctrine , that christ remitteth not eternal death without the priests absolution , so , without the grant of the pope , they cannot but teach it a like unpossible , that souls in hell should receive any temporal release of pain . the sacrament of pardon from him being to this effect no lesse necessary , than the priests absolution to the other . so that by this postem-gate commeth in the whole mark of papal indulgences , a gain unestimable to him , to others a spoyl , a scorn both to god and man. so many works of satisfaction pretended to be done by christ , by saints , and martyrs , so many vertuous acts possessed with satisfactory force and vertue ; so many supererogations in satisfying beyond the exigence of their own necessity ; and this that the pope might make a monopoly of all , turning all to his own gain , or at least to the gain of those which are his own . such facilitle they have to convert a pretended sacrament into a revenue . of absolution of penitents . sin is not helped but by being assecured of pardon : it resteth therefore to be considered what warrant we have concerning forgivenesse , when the sentence of man absolveth us from sinne committed against god. at the words of our saviour , saying to the sick of the palsey , son , thy sins are forgiven-thee , exception was taken by the scribes , who secretly reasoned against him , is any able to forgive sins , but only god ? whereupon they condemned his speech as blasphemy ; the rest which believed him to be a prophet sent from god , saw no cause wherefore he might not as lawfully say , and as truly , to whomsoever amongst them , god hath taken away thy sins , as nathan ( they all knew ) had used the very like speech ; to whom david did not therefore impute blasphemy , but imbraced , as became him , the words of truth , with joy and reverence . now there is no controversie , but , as god in that special case did authorize nathan , so christ more generally his apostles , and the ministers of his word , in his name to absolve sinners . their power being equal , all the difference between them can be but only in this , that whereas the one had prophetical evidence , the other have the certainty , partly of faith , and partly of human experience , whereupon to ground their sentence ; faith , to assure them of god's most graous pardon in heaven unto all penitents , and touching the sincerity of each particular parties repentance as much , as outward sensible tokens or signes can warrant . it is not to be marvelled that so great a difference appeareth between the doctrine of rome and ours , when we teach repentance . they imply in the name of repentance much more than we do ; we stand chiefly upon the due inward conversion of the heart , they more upon works of external shew ; we teach , above all things , that repentance which is one and the same from the beginning to the world's end ; they a sacramental penance , of their own devising and shaping : we labour to instruct men in such sort , that every soul which is wounded with sin , may learn the way how to cure it self ; they clean contrary would make all soars seem incurable , unless the priests have a hand in them . touching the force of whose absolution they strangely hold , that whatsoever the penitent doth , his contrition , confession , and satisfaction have no place of right to stand , as material parts in this sacrament , nor consequently any such force as to make them available for the taking away of sin , in that they proceed from the penitent himself , without the privity of the minister , but only , as they are enjoyned by the minister's authority and power . so that no contrition or grief of heart , till the priest exact it ; no acknowledgement of sins , but that which he doth demand ; no praying , no fasting , no alms , no recompence or restitution for whatsoever we have done , can help , except by him , it be first imposed . it is the chain of their own doctrine , no remedy for mortal sin committed after baptism , but the sacrament of penance only ; no sacrament of penance , if either matter or form be wanting ; no wayes to make those duties a material part of the sacrament , unless we consider them , as required and exacted by the priest. our lord and saviour , they say , hath ordained his priests , judges in such sort , that no man which sinneth after baptisme , can be reconciled unto god , but by their sentence . for why ? if there were any other way of reconciliation , the very promise of christ should be false in saying , whatsoever ye binde on earth , shall be bound in heaven , and whose sins soever ye retain , are retained . except therefore the priest be willing , god hath by promise hampred himself so , that it is not now in his own power to pardon any man. let him which is offended crave as the publican did , lord he thou merciful unto me a sinner ; let him , as david , make a thousand times his supplication , have mercy upon me , o god , according to thy loving kindness ; according to the multitude of thy compassions , put away mine iniquities . all this doth not help till such time as the pleasure of the priest be known , till he have signed us a pardon , and given us , our quietus est . god himself hath no answer to make but such as that of his angel unto lot , i can do nothing . it is true , that our saviour by these words , whose sins ye remit , they are remitted , did ordain judges over our sinful souls , gave them authority to absolve from sin , and promise to ratifie in heaven whatsoever they should do on earth , in execution of this their offices to the end that hereby , as well his ministers might take encouragement to do their duty with all faithfulness , as also his people admonition , gladly , with all reverence , to be ordered by them ; both parts knowing that the functions of the one towards the other have his perpetual assistance and approbation . howbeit all this , with two restraints , which every jurisdiction in the world hath ; the one , that the practice thereof proceed in due order ; the other , that it do not extend it self beyond due bounds , which bounds or limits have so confined penitential jurisdiction , that , although there be given unto it power of remitting sinne , yet not such soveraignty of power , that no sin should be pardonable in man without it : thus to enforce our saviour's words , is as though we should gather , that because , whatsoever ioseph did command in the land of pharaoh's grant is , it should be done ; therefore , he granteth that nothing should be done in the land of egypt , but what ioseph did command , and so consequently , by enabling his servant ioseph , to command under him , disableth himself to command any thing without ioseph . but by this we see how the papacy maketh all sin unpardonable , which hath not the priests absolution ; except peradventure in some extraordinary case , where albeit absolution be not had , yet it must be desired . what is then the force of absolution ? what is it which the act of absolution worketh in a sinful man ? doth it by any operation derived from it self alter the state of the soul ? doth it really take away sin , or but ascertain us of god's most gracious and merciful pardon ? the latter of which two is our assertion , the former theirs . at the words of our lord and saviour jesus christ , saying unto the sick of the palsie , son , thy sins are forgiven thee , the pharisees which knew him not to be son of the living god , took secret exception , and fell to reasoning with themselves against him : is any able to forgive sin but god only ? the sins ( saith st. cyprian ) that are committed against him , he alone hath power to forgive , which took upon him our sins , he which sorrowed and suffered for us , he whom the father delivered unto death for our offences . whereunto may be added that which clemens alexandrinus hath , our lord is profitable every way , every way beneficial , whether we respect him as man , or as god : as god forgiving , as man instructing and learning how to avoid sin. for it is i , even i that putteth away thine iniquities for mine own sake , and will not remember thy sins , saith the lord. now , albeit we willingly confess with saint cyprian , the sinnes which are committed against him , he only hath power to forgive , who hath taken upon him our sinnes , he which hath sorrowed and suffered for us , he , whom god hath given for our offences . yet neither did saint cyprian intend to deny the power of the minister , otherwise then if he presume beyond his commission to remit sinne , where god's own will is it should be retained ; for , against such ablutions he speaketh , ( which being granted to whom they ought to have been denyed , are of no validity ; ) and , if rightly it be considered , how higher causes in operation use to concur with inferiour means , his grace with our ministerie , god really performing the same , which man is authorized to act as in his name , there shall need for decision of this point no great labour . to remission of sins , there are two things necessary ; grace , as the only cause which taketh away iniquity , and repentance as a duty or condition required in us . to make repentance such as it should be , what doth god demand but inward sincerity , joyned with fit and convenient offices for that purpose , the one referred wholly to our own consciences , the other best discerned by them whom god hath appointed judges in this court. so that having first the promises of god for pardon generally unto all offenders penitent ; and particularly for our own unfeigned meaning , the unfallible testimony of a good conscience , the sentence of god's appointed officer and vicegerent to approve with unpartial judgement the quality of that we have done , and , as from his tribunal in that respect ; to assoil us of any crime : i see no cause but that by the rules of our faith and religion we may rest our selves very well assured touching god's most merciful pardon and grace , who , especially for the strengthening of weak , timerous and fearful mindes , hath so farr indued his church with power to absolve sinners . it pleaseth god that men sometimes should , by missing this help , perceive how much they stand bound to him for so precious a benefit enjoyed . and surely , so long as the world lived in any awe or fear of falling away from god , so dear were his ministers to the people , chiefly in this respect , that being through tyranny , and persecution deprived of pastors , the doleful rehearsal of their lost felicities hath not any one thing more eminent , than that sinners distrest should not now know , how or where to unlade their burthens . strange it were unto me , that the fathers , who so much every where extol the grace of jesus christ , in leaving unto his church this heavenly and divine power , should as men , whose simplicity had universally been abused , agree all to admire the magnifie and needless office. the sentence therefore of ministerial absolution hath two effects : touching sin , it only declareth us freed from the guiltiness thereof , and restored into god's favour ; but concerning right in sacred and divine mysteries , whereof , through sin we were made unworthy , as the power of the church did before effectually binde and retain us from access unto them , so , upon our apparent repentance , it truly restoreth our liberty , looseth and chains wherewith we were tyed , remitteth all whatsoever is past , and accepteth us no less returned than if we never had gone astray . for , in as much as the power which our saviour gave to his church , is of two kindes ; the one to be exercised over voluntary penitents only , the other over such as are to be brought to amendment by ecclesiastical censures , the words wherein he hath given this authority , must be so understood as the subject or matter whereupon it worketh , will permit . it doth not permit that in the former kinde , ( that is to say , in the use of power over voluntarie converts ) to binde or loose , remit or retain , should signifie any other , than only to pronounce of sinners according to that which may be gathered by outward signes ; because really to effect the removal or continuance of sinne in the soul of any offender , is no priestly act , but a work which farr exceedeth their ability . contrariwise , in the latter kinde of spiritual jurisdiction , which , by censures , constraineth men to amend their lives ; it is is true , that the minister of god doth then more declare and signifie what god hath wrought . and this power , true it is , that the church hath invested in it . howbeit , as other truths , so this hath by errour been oppugned and depraved , through abuse . the first of name , that openly in writing withstood the churches authority and power to remit sinne , was tertullian , after he had combined himself with montanists , drawn to the liking of their heresie , through the very sowreness of his own nature , which neither his incredible skill and knowledge otherwise , nor the doctrine of the gospel it self , could but so much alter , as to make him savour any thing , which carried with it the taste of lenity . a spunge steeped in worm-wood and gall , a man through too much severity merciless , and neither able to endure , nor to be endured of any . his book entituled concerning chastity , and written professedly against the discipline of the church , hath many fretful and angry sentences , declaring a minde very much offended with such as would not perswade themselves , that , of sins , some be pardonable by the keyes of the church , some uncapable of forgiveness ; that middle and moderate offences having received chastisement , may , by spiritual authority afterwards be remitted : but , greater transgressions must ( as touching indulgence ) be left to the only pleasure of almighty god in the world to come : that as idolatry and bloodshed , so likewise fornication and sinful lust , are of this nature ; that they , which so farr have fallen from god , ought to continue for ever after barred from access unto his sanctuary , condemned to perpetual profusion of tears , deprived of all expectation and hope to receive any thing at the churches hands , but publication of their shame . for , ( saith he ) who will fear to waste out that which he hopeth he may recover ? who will be careful for ever to hold that , which be knoweth cannot for ever be withheld from him ? he which slackneth the bridle to sinne , doth thereby give it even the spurr also . take away fear , and that which presently succeedeth in stead thereof , is licencious desire . greater offences therefore are punishable , but not pardonable by the church . if any prophet or apostle be found to have remitted such transgressions , they did it , not by the ordinary course of discipline , but by extraordinary power . for they also raised the dead , which none but god is able to do ; they restored the impotent and lame men , a work peculiar to jesus christ ; yea , that which christ would not do , because executions of such severity beseemed not him , who came to save and redeem the world by his sufferings , they , by their power , strook elymas and ananias , the one blinde , and the other dead . approve first your selves to be , as they were , apostles or prophets , and then take upon you to pardon all men . but , if the authority you have be only ministerial , and no way soveraign , over-reach not the limits which god hath set you ; know , that to pardon capital sin , is beyond your commission . howbeit , as oftentimes the vices of wicked men do cause other their commendable qualities to be abhorred , so the honour of great mens vertues is easily a cloak of their errours : in which respect , tertullian hath past with much less obloquy and reprehension than novatian ; who , broaching afterwards the same opinion , had not otherwise wherewith to countervail the offence he gave , and to procure it the like toleration . novatian , at the first , a stoical phylosopher ( which kinde of men hath alwayes accounted stupidity the highest top of wisdom , and commiseration the deadlyest sin ) became by institution and study the very same which the other had been before through a secret natural distemper upon his conversion to the christian faith , and recovery from sickness , which moved him to receive the sacrament of baptisme in his bed. the bishops , contrary to the canons of the church , would needs , in special love towards him , ordain him presbyter , which favour satisfied not him , who thought himself worthy of greater place and dignity . he closed therefore with a number of well-minded men , and not suspicious what his secret purposes were , and having made them sure unto him by fraud , procureth his own consecration to be their bishop . his prelacy now was able , as he thought , to countenance what he intended to publish , and therefore his letters went presently abroad to sundry churches , advising them never to admit to the fellowship of holy mysteryes , such as had , after baptisme , offered sacrifice to idols . there was present at the council of nice , together with other bishops , one acesius a novatianist , touching whose diversity in opinion from the church , the emperour desirous to hear some reason , asked of him certain questions : for answer whereunto , acesius weaveth out a long history of things that hapned in the persecution under decius ; and of men , which to savelife , forsook faith. but in the end was a certain bitter canon , framed in their own school , that men which fall into deadly sin after holy baptism , ought never to be again admitted to the communion of divine mysteries : that they are to be exhorted unto repentance ; howbeit not to be put in hope that pardon can be bad at the priest's hands ; but with god , which hath soveraign power and authority in himself to remit sins , it may be in the end they shall finde mercy : these followers of novatian , which gave themselves the title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , clean , pure and unspotted men , had one point of montanism more than their master did professe ; for amongst sinnes unpardonable , they reckoned second marriages , of which opinion tertullian making ( as his usual manner was ) a salt apology , such is ( saith he ) our stony hardness , that defaming our comforter with a kinde of enormity in discipline , we dam up the doors of the church , no less against twice-married men , then against adulterers , and fornicators . of this sort therefore it was ordained by the nycene synod , that , if any such did return to the catholick and apostolick unity , they should in writing binde themselves to observe the orders of the church , and communicate as well with them , which had been often married , or had fallen in time of persecution , as with other sort of christian people . but further to relate , or , at all to refel the errour of mis-believing men , concerning this point , is not now to our present purpose greatly necessary . the church may receive no small detriment by corrupt practice , even there where doctrine concerning the substance of things practised is free from any great or dangerous corruption . if therefore that which the papacy doth in matter of confessions and absolution , be offensive , if it palpably serve in the use of the keyes , howsoever , that , which it teacheth in general concerning the churches power to retain and forgive sinnes be admitted true , have they not on the one side as much whereat to be abasht , as on the other wherein to rejoyce ? they binde all men upon pain of everlasting condemnation and death , to make confessions to their ghostly fathers of every great offence they know , and can remember that they have committed against god. hath christ in his gospel so delivered the doctrine of repentance unto the world ? did his apostles so preach it to nations ? have the fathers so believed , or so taught ? surely novatian was not so merciless in depriving the church of power to absolve some certain offenders , as they in imposing upon all a necessity thus to confess . novatian would not deny but god might remit that which the church could not , whereas in the papacy it is maintained , that what we conceal from men , god himself shall never pardon . by which over-sight , as they have here surcharged the world with multitude , but much abated the weight of confessions , so the careless manner of their absolution , hath made discipline , for the most part , amongst them a bare formality : yea , rather a mean of emboldening unto vicious and wicked life , then either any help to prevent future , or medicine to remedy present evils in the soul of man. the fathers were slow , and alwayes fearful to absolve any before very manifest tokens given of a true penitent and contrite spirit . it was not their custom to remit sin first , and then to impose works of satisfaction , as the fashion of rome is now , in so much that this their preposterous course , and mis-ordered practises hath bred also in them an errour concerning the end and purpose of these works . for against the guiltiness of sin , and the danger of everlasting condemnation thereby incur●ed , confession and absolution succeeding the same , are , as they take it , a remedy sufficient : and therefore what their penitentiaries do think to enjoyn farther , whether it be a number of ave-maries dayly to be scored up , a journey of pilgrimage to be undertaken , some few dishes of ordinary diet to be exchanged , offerings to be made at the shrines of saints , or a little to be scraped off from mens superfluities for relief of poor people , all is in lieu or exchange with god , whose justice , notwithstanding our pardon , yet oweth us still some temporal punishment , either in this or in the life to come , except we quit it our selves here with works of the former kinde , and continued till the ballance of god's most strict severity shall finde the pains we have taken equivalent with the plagues which we should endure , or else the mercy of the pope relieve us . and at this postern-gate cometh in the whole mart of papal indulgences so infinitely strewed , that the pardon of sinne , which heretofore was obtained hardly , and by much suit , is , with them become now almost impossible to be escaped . to set down then the force of this sentence in absolving penitents ; there are in sinne these three things : the act which passeth away and vanisheth : the pollution wherewith it leaveth the soul defiled ; and the punishment whereunto they are made subject that have committed it . the act of sin , is every deed , word , and thought against the law of god. for sinne is the transgression of the law , and although the deed it self do not continue , yet is that bad quality permanent , whereby it maketh the soul unrighteous and deformed in god's sight . from the heart , come evil cogitations , murthers , adulteries , fornications , thefts , false testimonies , slanders ; these are things which defile a man. they do not only , as effects of impurity , argue the nest no be unclean , out of which they came , but as causes they strengthen that disposition unto wickedness , which brought them forth ; they are both fruits and seeds of uncleanness , they nourish the root out of which they grow , they breed that iniquity , which bred them . the blot therefore of sin abideth , though the act be transitory . and out of both ariseth a present debt , to endure what punishment soever the evil which we have done deserveth ; an obligation , in the chains whereof sinners , by the justice of almighty god , continue bound till repentance loose them . repent this thy wickedness ( saith peter ) unto simon magus , beseech god , that , if it be possible , the thought of thine heart may be pardoned ; for i see thou art in the gall of bitterness , and in the bond of iniquity . in like manner solomon : the wicked shall be held fast in the cords of his own sin . nor doth god only binde sinners hand and foot by the dreadful determination of his own unsearchable judgment against them ; but sometime also the church bindeth by the censures of her discipline : so that when offenders upon their repentance are , by the same discipline , absolved , the church looseth but her own bonds , the chains wherein she had tyed them before . the act of sin god alone remitteth in that his purpose is never to call it to account , or to lay it unto mens charge ; the stain he washeth out by the sanctifying grace of his spirit ; and concerning the punishment of sinne , as none else hath power to cast body and soul into hell fire , so none power to deliver either besides him . as for the ministerial sentence of private absolution , it can be no more than a declaration what god hath done ; it hath but the force of the prophet nathan's absolution , god hath taken away thy sin : than which construction , especially of words judicial , there is not any thing more vulgar . for example , the publicans are said in the gospel to have justified god , the jews in malachi to have blessed proud men , which sinne and prosper ; not that the one did make god righteous , or the other the wicked happy : but to bless , to justifie , and to absolve , are as commonly used for words of judgement , or declaration , as of true and real efficacy ; yea , even by the opinion of the master of sentences ; it may be soundly affirmed and thought that god alone doth remit and retain sinnes , although he have given power to the church to do both ; but he one way , and the church another . he only by himself forgiveth sinne , who cleanseth the soul from inward blemish , and looseth the debt of eternal death : so great a priviledge he hath not given unto his priests , who notwithstanding are authorized to loose and binde , that is to say , declare who are bound , and who are loosed . for albeit a man be already cleared before god , yet he is not in the church of god so taken , but by the vertue of the priests sentence ; who likewise may be said to binde by imposing satisfaction , and to loose by admitting to the holy communion . saint hierom also , whom the master of the sentences alledgeth for more countenance of his own opinion , doth no less plainly and directly affirm ; that as the priests of the law could only discern , and neither cause nor remove leprosies ; so the ministers of the gospel , when they retain or remit sin , do but in the one judge how long we continue guilty , and in the other declare when we are clear or free . for there is nothing more apparent , than that the discipline of repentance , both publick and private , was ordained as an outward mean to bring men to the vertue of inward conversion : so that when this by manifest tokens did seem effected , absolution ensuing ( which could not make ) served only to declare men innocent . but the cause wherefore they are so stiff , and have forsaken their own master in this point , is , for that they hold the private discipline of penitency to be a sacrament : absolution an external sign in this sacrament ; the signs external of all sacraments in the new testament , to be both causes of that which they signifie , and signs of that which they truly cause . to this opinion concerning sacraments , they are now tyed by expounding a canon in the florentine council , according to the former ecclesiastical invention received from thomas . for his device it was , that the mercy of god , which useth sacraments as instruments whereby to work , indueth them at the time of their administration with supernatural force and ability to induce grace into the souls of men ; even as the axe and saw doth seem to bring timber into that fashion which the minde of the artificer intendeth . his conceipt , scotus , occam , petrus alliacensis , with sundry others , do most earnestly and strongly impugn , shewing very good reason wherefore no sacrament of the new law can either by vertue which it self hath , or by force supernatural given it , be properly a cause to work grace ; but sacraments are therefore said to work or conferr grace , because the will of almighty god is , although not to give them such efficacy , yet himself to be present in the ministry of the working that effect , which proceedeth wholly from him , without any real operation of theirs such as can enter into men's souls . in which construction , seeing that our books and writings have made it known to the world how we joyn with them , it seemeth very hard and injurious dealing , that bellarmine throughout the whole course of his second book a de sacramentis in genere , should so boldly face down his adversaries , as if their opinion were , that sacraments are naked , empty , and ineffectual signes ; whererein there is no other force than only such , as in pictures to stir up the minde , that so by theory and speculation of things represented , faith may grow , finally , that all the operations which sacraments have , is a sensible and divine instruction . but had it pleased him , not to hud-wink his own knowledge , i nothing doubt but he fully saw how to answer himself ; it being a matter very strange and incredible , that one which with so great diligence hath winowed b his adversarys writings , should be ignorant of their minds . for , even as in the person of our lord jesus christ , both god and man , when his human nature is by it self considered , we may not attribute that unto him , which we do and must ascribe as oft as respect is had unto both natures combined ; so because in sacraments there are two things distinctly to be considered , the outward sign , and the secret concurrence of gods most blessed spirit , in which respect our saviour hath taught that water and the holy ghost are combined , to work the mysterie of new birth ; sacraments therefore , as signs , have only those effects before mentioned : but of sacraments , in that by god's own will and ordinance they are signs assisted alwayes with the power of the holy ghost , we acknowledge whatsoever either the places of the scripture , or the authority of councels and fathers , or the proofs and arguments of reason which he alledgeth , can shew to be wrought by them . the elements and words have power of infallible signification , for which they are called seals of god's truth ; the spirit affixed unto those elements and words , power of operation within the soul , most admirable , divine , and impossible to be exprest . for so god hath instituted and ordained that , together with due administration and receit of sacramental signs , there shall proceed from himself , grace effectual , to sanctifie , to cure , to comfort , and whatsoever else is for the good of the souls of men. howbeit this opinion c thomas rejecteth , under pretence that it maketh sacramental words and elements to be in themselves no more than signes , whereas they ought to be held , as causes of that they signifie . he therefore reformeth it with this addition , that the very sensible parts of the sacraments do instrumentally effect and produce , not grace , ( for the schoolmen both of these times , and long after , did , for the most part , maintain it untrue , and some of them unpossible , that sanctifying grace should efficiently proceed but from god alone , and that by immediate creation , as the substance of the soul doth ) but the phantasie which thomas had , was , that sensible things , through christ's and the priest's benediction , receive a certain supernatural transitory force , which leaveth behinde it a kinde of preparative quality or beauty within the soul , whereupon immediately from god doth ensue the grace that justifieth . now they which pretend to follow thomas , differ from him in two points : for first , they make grace an immediate effect of the outward signe , which he for the dignity and excellency thereof was afraid to do . secondly , whereas he , to produce but a preparative quality in the soul , did imagine god to create in the instrument , a supernatural gift , or hability ; they confesse , that nothing is created , infused , or any way inherent , either in the word , or in the elements ; nothing that giveth them instrumental efficacy , but gods mere motion , or application . are they able to explain unto us , or themselves to conceive , what they mean when they thus speak ? for example , let them teach us , in the sacrament of baptisme , what it is for water to be moved , till it bring forth grace . the application thereof by the minister is plain to sense ; the force which it hath in the minde , as a moral instrument of information , or instruction , we know by reason : and by faith , we understand how god doth assist it with his spirit ; whereupon ensueth the grace which saint cyprian did in himself observe , saying , after the bathe of regeneration , having scowred out the stained foulnesse of former life , supernatural light had entrance into the breast which was purified and cleansed for it : after that a second nativity had made another man , by inward receipt of the spirit from heaven ; things doubtful began in marvellous manner to appear certain , that to be open which lay hid , darknesse to shine like the clear light , former hardnesse to be made facility , impossibility casinesse : insomuch as it might be discerned how that was earthly , which before had been carnally bred and lived , given over unto sinnes ; that now god's own , which the holy ghost did quicken . our opinion is therefore plain unto every man's understanding . we take it for a very good speech which bonaventure hath uttered in saying : heed must be taken that while we assigne too much to the bodily signes in way of their commendation , we withdraw not the honour which is due to the cause which worketh in them , and the soul which receiveth them : whereunto we conformably teach , that the outward signe applyed , hath of it self no natural efficacy towards grace , neither doth god put into it any supernatural inherent vertue : and , as i think , we thus farre avouch no more than they themselves confesse to be very true . if any thing displease them , it is because we adde to these premises another assertion ; that , with the outward signe , god joyneth his holy spirit ; and so the whole instrument of god bringeth that to passe , whereunto the baser and meaner part could not extend . as for operations through the motions of signes , they are dark , intricate and obscure ; perhaps possible , howbeit , not proved either true or likely , by alledging that the touch of our saviour's garment restored health , clay sight when he applyed it . although ten thousand such examples should be brought , they overthrow not this one principle ; that , where the instrument is without inherent , the effect must necessarily proceed from the onely agents adherent power . it passeth a man's conceit how water should be carried into the soul with any force of divine motion , or grace proceed but merely from the influence of god's spirit : notwithstanding , if god himself teach his church in this case to believe that which he hath not given us capacity to comprehend , how incredible soever it may seem , yet our wits should submit themselves , and reason give place unto faith therein . but they yield it , to be no question of faith , how grace doth proceed from sacraments ; if in general they be acknowledged true instrumental causes , by the ministry whereof men receive divine grace : and that they which impute grace to the onely operation of god himself , concurring with the external sign , do no lesse acknowledge the true efficacy of the sacrament , then they that ascribe the same to the quality of the sign applyed , or to the motion of god applying , and so farr carrying it , till grace be not created but extracted , out of the natural possibility of the soul. neverthelesse this last philosophical imagination ( if i may call it philosophical , which useth the terms , but overthroweth the rules of philosophy , and hath no article of faith to support it ; but whatsoever it be ) they follow it in a manner all , they cast off the first opinion , wherein is most perspicuity and strongest evidence of certain truth . the councel of florence and trent defining , that sacraments contain and conferr grace , the sense whereof ( if it liked them ) might so easily conform it self with the same opinion which they drew without any just cause quite and clean the other way , making grace the issue of bare words , in such sacraments as they have framed destitute of any visible element , and holding it the off-spring as well of elements as of words , in those sacraments where both are ; but in no sacrament acknowledging grace to be the fruit of the holy ghost working with the outward signe , and not by it , in such sort , as thomas himself teacheth ; that the apostles imposition of hands caused not the comming of the holy ghost , which notwithstanding was bestowed together with the exercise of that ceremony ; yea , by it , ( saith the evangelist ) to wit , as by a mean , which came between the true agent and the effect , but not otherwise . many of the antient fathers , presupposing that the faithful before christ had not till the time of his comming , that perfect life and salvation which they looked for , and we possesse , thought likewise their sacraments to be but prefigurations of that which ours , in present , do exhibit : for which cause the florentine councel , comparing the one with the other , saith , that the old did onely shadow grace , which was afterward to be given through the passion of iesus christ. but the after-wit of latter daies hath found out another more exquisite distinction . that evangelical sacraments are causes to effect grace , through motions of signes legal , according to the same signification and sense wherein evangelical sacraments are held by us to be god's instruments for that purpose . for howsoever bellarmine hath shrunk up the lutherans sinews , and cut off our doctrine by the skirts ; allen , although he terms us hereticks , according to the usual bitter venom of his first style , doth yet ingenuously confess , that the old . school-mens doctrine and ours is one concerning sacramental efficacy , derived from god himself assisting by promise those outward signes of elements and words , out of which their school-men of the newer mint , are so desirous to hatch grace . where god doth work and use these outward means , wherein he neither findeth nor planteth force and aptnesse towards his intended purpose ; such means are but signes to bring men to the consideration of his omnipotent power , which , without the use of things sensible , would not be marked . at the time therefore when he giveth his heavenly grace , he applyeth , by the hands of his ministers , that which betokeneth the same ; nor only betokeneth , but , being also accompanied for ever with such power as doth truly work , is in that respect , termed god's instrument , a true efficient cause of grace ; a cause not in it self , but onely by connexion of that which is in it self a cause , namely , god's own strength and power . sacraments , that is to say , the outward signes in sacraments , work nothing till they be blessed and sanctified by god. but what is god's heavenly benediction and sanctification , saving onely the association of his spirit ? shall we say that sacraments are like magical signes , if thus they have their effect ? is it magick for god to manifest by things sensible what he doth , and to do by his most glorious spirit really , what he manifesteth in his sacraments ? the delivery and administration whereof , remaineth in the hands of mortal men , by whom , as by personal instruments , god doth apply signes , and with signes inseparably joyn his spirit , and through the power of his spirit work grace . the first is by way of concomitance and consequence to deliver the rest also that either accompany , or ensue . it is not here , as in cases of mutual commerce , where divers persons have divers acts to be performed in their own behalf ; a creditor to shew his bill , and a debtor to pay his money . but god and man doe here meet in one action upon a third , in whom , as it is the work of god to create grace , so it is his work by the hand of the ministry to apply a sign which should betoken , and his work to annex that spirit which shall effect it . the action therefore is but one , god the author thereof , and man a co-partner , by him assigned to work for , with , and under him . god the giver of grace , by the outward ministery of man , so farr forth as he authorizeth man to apply the sacraments of grace in the soul , which he alone worketh , without either instrument or co-agent . whereas therefore with us the remission of sinne is ascribed unto god , as a thing which proceedeth from him only , and presently followeth upon the vertue of true repentance appearing in man ; that which we attribute to the vertue , they do not only impute to the sacrament of repentance ; but , having made repentance a sacrament , and thinking of sacraments as they do , they are enforced to make the ministry of the priests , and their absolution a cause of that which the sole omnipotency of god worketh . and yet for my own part , i am not able well to conceive how their doctrine , that human absolution is really a cause out of which our deliverance from sinne doth ensue , can cleave with the council of trent , defining , that contrition perfected with charity doth at all times it self reconcile offenders to god , before they come to receive actually the sacrament of penance . how it can stand with those discourses of the learned rabbies , which grant , that whosoever turneth unto god with his whole heart , hath immediately his sinnes taken away ; that if a man he truly converted , his pardon can neither be denyed nor delayed ; it doth not stay for the priest's absolution , but presently followeth : surely , if every contrite sinner , in whom there is charity , and a sincere conversion of heart , have remission of sinnes given him , before he seek it at the priest's hands ; if reconciliation to god be a present and immediate sequel upon every such conversion or change : it must of necessity follow , seeing no man can be a true penitent or contrite , which doth not both love god , and sincerely abhor sinne , that therefore they all before absolution attain forgivenesse ; whereunto notwithstanding absolution is pretended a cause so necessary , that sinne , without it , except in some rare extraordinary case , cannot possibly be remitted . shall absolution be a cause producing and working that effect , which is alwayes brought forth without it , and had , before absolution be thought of ? but when they which are thus before-hand pardoned of god , shall come to be also assoiled by the priest , i would know what force his absolution hath in this case ? are they able to say here that the priest doth remit any thing ? yet , when any of ours ascribeth the work of remission to god , and interpreteth the priests sentence to be but a solemn declaration of that which god himself hath already performed , they scorn at it ; they urge against it , that , if this were true , our saviour christ should rather have said , what is loosed in heaven , ye shall loose on earth , then as he doth , whatsoever ye loose on earth , shall in heaven be loosed . as if he were to learn of us how to place his words , and not we to crave rather of him a sound and right understanding , lest to his dishonour and our own hurt we mis-expound them . it sufficeth , i think , both against their constructions to have proved that they ground an untruth on his speech ; and , in behalf of our own , that his words without any such transposition , do very well admit the sense we give them ; which is , that he taketh to himself the lawfull proceedings of authority in his name , and that the act of spiritual authority in this case , is by sentence to acquit or pronounce them free from sinne , whom they judge to be sincerely and truly penitent ; which interpretation they themselves do acknowledge , though not sufficient , yet very true . absolution , they say , declareth indeed ; but this is not all , for it likewise maketh innocent ; which addition , being an untruth proved , our truth granted , hath , i hope , sufficiency without it ; and consequently our opinion therein , neither to be challenged as untrue , nor as unsufficient . to rid themselves out of these bryars , and to make remission of sinnes an effect of absolution , notwithstanding that which hitherto hath been said , they have two shifts : at first , that in many penitents , there is but attrition of heart , which attrition they define to be grief proceeding from fear without love ; and to these , they say , absolution doth give that contrition whereby men are really purged from sinne. secondly , that even where contrition or inward repentance doth cleanse without absolution ; the reason why it commeth so to passe , is , because such contrites intend and desire absolution , though they have it not . which two things granted : the one , that absolution given , maketh them contrite that are not ; the other , even in them which are contrite , the cause why god remitteth sinne , is the purpose or desire they have to receive absolution : we are not to stand against a sequel so clear and manifest as this , that alwayes remission of sinne proceedeth from absolution either had or desired . but should a reasonable man give credit to their bare conceit , and because their positions have driven them to imagine absolving of unsufficiently-disposed penitents , to be a real creating of further vertue in them , must all other men think it due ? let them cancel hence forward and blot out of all their books , those old cautions touching necessity of wisdome , lest priests should inconsiderately absolve any man , in whom there were not apparent tokens of true repentance ; which to do , was , in saint cyprians judgement , pestilent deceit and flattery , not only not available , but hurtful to them that had transgrest ; a frivolous , frustrate , and false peace , such as caused the unrighteous to trust to a lye , and destroyed them unto whom it promised safety . what needeth observation , whether penitents have worthiness , and bring contrition , if the words of absolution do infuse contrition ? have they born us all this while in hand , that contrition is a part of the matter of their sacrament ; a condition or preparation of the minde towards grace to be received by absolution in the form of their sacrament ? and must we now believe , that the form doth give the matter ? that absolution bestoweth contrition , and that the words do make presently of saul , david ; of iudas , peter ? for what was the penitency of saul and iudas , but plain attrition ; horrour of sinne through fear of punishment , without any long sense , or taste of god's mercy ? their other fiction , imputing remission of sinne to desire of absolution from the priest , even in them which are truly contrite , is an evasion somewhat more witty , but no whit more possible for them to prove . belief of the world and judgement to come , faith in the promises , and sufferings of christ for mankinde , fear of his majestie , love of his mercy , grief for sin , hope for pardon , suit for grace ; these we know to be the elements of true contrition : suppose that , besides all this , god did also command that every penitent should seek his absolution at the priests hands ; where so many causes are concurring unto one effect , have they any reason to impute the whole effect unto one ; any reason in the choyse of that one to pass by faith , fear , love , humility , hope , prayer , whatsoever else , and to enthronize above them all , a desire of absolution from the priest , as if in the whole work of man's repentance , god did regard and accept nothing but for and in consideration of this ? why do the tridentine council impute it to charity , that contrites are reconciled in gods sight , before they receive the sacrament of penance , if desired absolution be the true cause ? but let this passe how it will ; seeing the question is not , what vertue god may accept in penitent sinners , but what grace absolution actually given doth really bestow upon them . if it were , as they would have it , that god regarding the humiliation of a contrite spirit , because there is joyned therewith a lowly desire of the sacrament of priestly absolution , pardoneth immediately , and forgiveth all offences : doth this any thing help to prove , that absolution received afterward from the priest , can more than declare him already pardoned which did desire it ? to desire absolution , presupposing it commanded , is obedience : and obedience in that case is a branch of the vertue of repentance , which vertue being thereby made effectual to the taking away of sinnes without the sacrament of repentance , is it not an argument , that the sacrament of absolution hath here no efficacy , but the virtue of contrition worketh all ? for how should any effect ensue from causes which actually are not ? the sacrament must be applyed wheresoever any grace doth proceed from it . so that where it is but desired only , whatsoever may follow upon gods acceptation of this desire , the sacrament , afterwards received , can be no cause thereof . therefore the further we wade , the better we see it still appears , that the priest doth never in absolution , no not so much as by way of service and ministry , really either forgive them , take away the uncleanness , or remove the punishment of sinne ; but if the party penitent come contrite , he hath , by their own grant . absolution before absolution ; if not contrite , although the priest should seem a thousand times to absolve him , all were in vain . for which cause , the antients and better sort of their school divines , abulensis , alexander hales , and bonaventurt , ascribe the real abolition of sinne , and eternal punishment , to the mere pardon of almighty god , without dependency upon the priests . absolution , as a cause to effect the same . his absolution hath in their doctrine certain other effects specified , but this denyed . wherefore having hitherto spoken of the vertue of repentance required ; of the discipline of repentance which christ did establish ; and of the sacrament of repentance invented sithence , against the pretended force of humane absolution in sacramental penitency ; let it suffice thus far to have shewed how god alone doth truly give , the vertue of repentance alone procure , and private ministerial absolution but declare , remission of sinnes . now the last and sometimes hardest to be satisfied by repentance , are our mindes ; and our mindes we have then satisfied , when the conscience is of guilty become clear . for , as long as we are in our selves privy to our own most hainous crimes , but without sense of god's mercy and grace towards us , unlesse the heart be either brutish for want of knowledge , or altogether hardned by wilful atheisme ; the remorse of sinne is in it , as the deadly sting of a serpent . which point since very infidels and heathens have observed in the nature of sinne , ( for the disease they felt , though they knew no remedy to help it ) we are not rashly to despise those sentences , which are the testimonies of their experience touching this point . they knew that the eye of a man 's own conscience is more to be feared by evil doers , than the presence of a thousand witnesses , in as much as the mouths of other accusers are many wayes stopt , the ears of the accused not alwayes subject to glowing with contumely and exprobation ; whereas a guilty minde being forced to be still both a martyr and a tyrant it self , must of necessity endure perpetual anguish and grief ; for , as the body is rent with stripes , so the minde with guiltiness of cruelty , lust , and wicked resolutions . which furies brought the emperour tyberius sometimes into such perplexity , that writing to the senate , his wonted art of dissimulation failed him utterly in this case ; and whereas it had been ever his peculiar delight so to speak that no man might be able to sound his meaning , he had not the power to conceal what he felt through the secret scourge of an evil conscience , though no necessity did now enforce him to disclose the same . what to write , or how to write , at this present , if i know ( saith tyberius ) let the gods and goddesses , who thus continually eat me , only be worse to me than they are . it was not his imperial dignity and power , that could provide a way to protect him against himself ; the fears and suspitions which improbity had bred , being strengthned by every occasion , and those vertues clean banished , which are the only foundation of sound tranquility of minde . for which cause , it hath been truly said , and agreeably with all mens experience , that if the vertuous did excel in no other priviledge , yet farr happier they are than the contrary sort of men , for that their hopes be alwayes better . neither are we to marvel , that these things , known unto all , do stay so few from being authors of their own woe . for we see by the antient example of ioseph's unkinde brethren , how it commeth to remembrance easily when crimes are once past , what the difference is of good from evil , and of right from wrong : but such consideration when they should have prevented sinne , were over-match'd by inordinate desires . are we not bound then with all thankfulnesse to acknowledge his infinite goodnesse and mercy , which hath revealed unto us the way how to rid our selves of these mazes ; the way how to shake off that yoke , which no flesh is able to bear ; the way how to change most grisly horror into a comfortable apprehension of heavenly joy ? whereunto there are many which labour with so much the greater difficultie , because imbecillity of minde doth not suffer them to censure rightly their own doings : some , fearful lest the enormity of their crimes be so unpardonable that no repentance can do them good ; some , lest the imperfection of their repentance make it uneffectual to the taking away of sinne , the one drive all things to this issue , whether they be not men that have sinned against the holy ghost ; the other to this , what repentance is sufficient to clear sinners , and to assure them that they are delivered . such as by error charge themselves of unpardonable sinne , must think , it may be , they deem that unpardonable , which is not . our saviour speaketh indeed of blasphemy which shall never be forgiven : but have they any sure and infallible knowledge what that blasphemy is ? if not , why are they unjust and cruel to their own souls , imagining certainty of guiltiness in a crime , concerning the very nature whereof they are uncertain : for mine own part , although where this blasphemy is mentioned , the cause why our saviour spake thereof , was , the pharisees blasphemy , which was not afraid to say , he had an unclean spirit , and did cast out spirits by the power of beelzebub ; neverthelesse i dare not precisely deny , but that even the pharisees themselves might have repented and been forgiven , and that our lord jesus christ peradventure might but take occasion at their blasphemy , which , as yet , was pardonable , to tell them further of an unpardonable blasphemy , whereinto he foresaw that the jews would fall . for it is plain , that many thousands , at the first , professing christian religion , became afterwards wilful apostates , moved with no other cause of revolt , but mere indignation that the gentiles should enjoy the benefit of the gospel as much as they , and yet not be burthened with the yoke of moses his law. the apostles , by preaching , had won them to christ , in whose name they embraced , with great alacrity , the full remission of their former sinnes and iniquities ; they received by the imposition of the apostles hands , that grace and power of the holy ghost whereby they cured diseases , prophecyed , spake with tongues ; and yet in the end , after all this they fell utterly away , renounced the mysteries of christian faith , blasphemed in their formal abjurations that most glorious and blessed spirit , the gifts whereof themselves had possest ; and by this means sunk their souls in the gulf of that unpardonable sinne ; whereof , as our lord jesus christ had told them before hand , so the apostle at the first appearance of such their revolt , putteth them in minde again , that falling now to their former blasphemies , their salvation was irrecoverably gone : it was for them in this case impossible to be renewed by any repentance ; because they were now in the state of satan and his angels ; the judge of quick and dead had passed his irrevocable sentence against them . so great difference there is between infidels unconverted , and backsliders in this manner fallen away , that always we have hope to reclaim the one , which only hate whom they never knew ; but to the other which know and blaspheme , to them that with more than infernal malice accurse both the seen brightnesse of glory which is in him , and in themselves the tasted goodness of divine grace , as those execrable miscreants did , who first received in extraordinary miraculous manner , and then , in outragious sort blasphemed the holy ghost , abusing both it and the whole religion , which god , by it , did confirm and magnifie ; to such as wilfully thus sinne , after so great light of the truth , and gifts of the spirit , there remaineth justly no fruit or benefit to be expected by christ's sacrifice . for all other offenders , without exception or stint , whether they be strangers that seek accesse , or followers that will make return unto god ; upon the tender of their repentance , the grant of his grace standeth everlastingly signed with his blood in the book of eternal life . that which , in this case over-terrifieth fearful souls , is , a mis-conceit whereby they imagine every act which they doe , knowing that they doe amisse , and every wilful breach or transgression of god's law , to be mere sinne against the holy ghost , forgetting that the law of moses it self ordained sacrifices of expiation , as well for faults presumptuously committed , as things wherein men offend by errour . now , there are on the contrary side others , who , doubting not of god's mercy towards all that perfectly repent , remain notwithstanding scrupulous and troubled with continual fear , lest defects in their own repentance be a barr against them . these cast themselves into very great , and peradventure needlesse agonies through mis-construction of things spoken about proportioning our griefs to our sinnes , for which they never think they have wept and mourned enough ; yea , if they have not alwayes a stream of tears at command , they take it for a heart congealed and hardned in sinne ; when to keep the wound of contrition bleeding , they unfold the circumstances of their transgressions , and endeavour to leave nothing which may be heavy against themselves . yet , do what they can , they are still fearful , lest herein also they do not that which they ought and might . come to prayer , their coldnesse taketh all heart and courage from them with fasting ; albeit their flesh should be withered , and their blood clean dryed up , would they ever the lesse object , what is this to david's humiliation ? wherein notwithstanding there was not any thing more than necessary . in works of charity and alms-deed ; it is not all the world can perswade them they did ever reach the poor bounty of the widdow's two mites , or by many millions of leagues come near to the mark which cornelius touched ; so farr they are off from the proud surmise of any penitential supererrogation in miserable wretched wormes of the earth . notwithstanding , for as much as they wrong themselves with over-rigorous and extreme exactions , by means whereof they fall sometimes into such perplexities as can hardly be allayed ; it hath therefore pleased almighty god , in tender commiseration over these imbecillities of men , to ordain for their spiritual and ghostly comfort , consecrated persons , which by sentence of power and authority given from above , may , as it were , out of his very mouth ascertain timerous and doubtful mindes in their own particular , ease them of all their scrupulosities , leave them settled in peace , and satisfied touching the mercy of god towards them . to use the benefit of this help for the better satisfaction in such cases , is so natural , that it can be forbidden no man ; but yet not so necessary , that all men should be in case to need it . they me , of the two , the happier therefore that can content and satisfie themselves , by judging discreetly what they perform , and soundly what god doth require of them . for having that which is most material , the substance of penitency rightly bred , touching signes and tokens thereof , we may affirm that they do boldly , which imagine for every offence a certain proportionable degree in the passions and griefs of minde , whereunto whosoever aspireth not , repenteth in vain . that , to frustrate mens confession and considerations of sinne , except every circumstance which may aggravate the same , be unript and laid in the ballance , is a mercilesse extremity , although it be true , that , as near as we can , such wounds must be searched to the very bottom . last of all , to set down the like stint , and to shut up the doors of mercy against penitents which come short thereof in the devotion of their prayers , in the continuance of their falls , in the largeness and bounty of their almes , or in the course of any other such like duties , is more than god himself hath thought meet , and consequently more than mortal men should presume to do . that which god doth chiefly respect in mens penitency is their hearts : the heart is it which maketh repentance sincere , sincerity that which findeth favour in god's sight , and the favour of god that which supplyeth by gracious acceptation whatsoever may seem defective in the faithful , hearty , and true offices of his servants . take it ( saith chrysostome ) upon my credit , such is god's merciful inclination towards men , that repentance offered with a single and sincere minde , he never refuseth , no , not although we be come to the very top of iniquity . if there be a will and desire to return , he receiveth , imbraceth , and omitteth nothing which may restore us to former happiness ; yea , that which is yet above all the rest , albeit we cannot in the duty of satisfying him , attain what we ought , and would , but come farre behinde our mark , he taketh neverthelesse in good worth that little which we doe ; be it never so mean , we lose not our labour therein . the least and lowest step of repentance in saint chrysostome's judgement severeth and setteth us above them that perish in their sinne ; i therefore will end with saint augustine's conclusion : lord , in thy booke and volume of life all shall be written , as well the least of thy saints , as the chiefest . let not therefore the unperfect fear ; let them onely proceed and go forward . of the laws of ecclesiastical polity . book vii . their sixth assertion , that there ought not to be in the church , bishops indued with such authority and honour as ours are . the matter contained in this seventh book . . the state of bishops although sometime oppugned and that by such as therein would most seems to please god , yet by his providence upheld hitherto , whose glory it is to maintain that whereof himself is the author . . what a bishop is , what his name doth import , and what doth belong unto his office as he is a bishop . . in bishops two things traduced ; of which two , the one their authority , and in is the first thing condemned , their superiority over other ministers : what kinde of superiority in ministers it ●● which the one part holdeth , and the other denieth lawful . . from whence it hath grown that the church is governed by bishops . . the time and cause of instituting every where bishops with restraint . . what manner of power bishops from the first beginning have had . . after what sort bishops , together with presbyters have used to govern the churches which were under them . . how far the power of bishops hath reached from the beginning in respect of territory , or local compass . . in what respects episcopal regiment hath been gainsaid of old by aerius . . in what respect episcopal regiment is gainsaid by the authors of pretended reformation at this day . . their arguments in disgrace of regiment by bishops , as being a meer invention of man , and not found in scripture , answered . . their arguments to prove there was no necessity of instituting bishops in the church . . the fore-alleadged arguments , answered . . an answer unto those things which are objected concerning the difference between that power which bishops now have , and that which ancient bishops had , more then other presbyters . . concerning the civil power and authority which our bishops have . . the arguments answered , whereby they would prove that the law of god , and the judgement of the best in all ages condemneth the ruling superiority of our minister over another . . the second malicious thing wherein the state of bishops suffereth oblaquy , is their honour . . what good doth publickly grow from the prelacy . . what kinds of honor be due unto bishops . . honor in title , place , ornament , attendance , and priviledge . . honor by endowment with lands and livings . . that of ecclessiastical goods , and consequently of the lands and livings which bishops enjoy , the propriety belongs unto god alone . . that ecclesiastical persons are receivers of gods rents , and that the honour of prelates , is to be thereof his chief receivers , not without liberty from him granted of converting the same unto their own use , even in large manner . . that for their unworthiness to deprive both them and their successors of such goods , and to convey the same unto men of secular callings , now extream sacrilegious injustice . i. i have heard that a famous kingdom in the world being sollicited to reform such disorders as all men saw the church exceedingly burthened with , when of each degree great multitudes thereunto inclined , and the number of them did every day so encrease that this intended work was likely to take no other effect then all good men did wish and labour for : a principal actor herein ( for zeal and boldness of spirit ) thought it good to shew them betimes what it was which must be effected , or else that there could be no work of perfect reformation accomplished . to this purpose , in a solemn sermon , and in a great assembly he described unto them the present quality of their publick estate , by the parable of a tree , huge and goodly to look upon , but without that fruit which it should and might bring forth ; affirming that the only way of redress was a full and perfect establishment of christs discipline ( for so their manner is to entitle a thing hammered out upon the forge of their own invention ) and that to make way of entrance for it , there must be three great limbs cut off from the body of that stately tree of the kingdom : those three limbs were three sorts of men ; nobles , whose high estate would make them otherwise disdain to put their necks under that yoke : lawyers , whose courts being not pulled down , the new church consistories were not like to flourish : finally , prelates , whose ancient dignity , and the simplicity of their intended church-discipline , could not possibly stand together . the proposition of which device being plausible to active spirits , restless through desire of innovation , whom commonly nothing doth more offend then a change which goeth fearfully on by slow and suspicious paces ; the heavier and more experienced sort began presently thereat to pull back their feet again , and exceedingly to fear the stratagem of reformation for ever after . whereupon ensued those extream conflicts of the one part with the other , which continuing and encreasing to this very day , have now made the state of that flourishing kingdom even such , as whereunto we may most fitly apply those words of the prophet ieremiah , thy breach is great like the sea , who can heal thee ? whether this were done in truth , according to the constant affirmation of some avouching the same , i take not upon me to examine ; that which i note therein is , how with us that policie hath been corrected . for to the authors of pretended reformation with us , it hath not seemed expedient to offer the edge of the axe unto all three boughs at once , but rather to single them , and strike at the weakest first , making show that the lop of that one shall draw the more abundance of sap to the other two , that they may thereby the better prosper . all prosperity , felicity and peace we wish multiplied on each estate , as far as their own hearts desire is : but let men know that there is a god , whose eye beholdeth them in all their ways ; a god , the usual and ordinary course of whose justice , is to return upon the head of malice the same devices which it contriveth against others the foul practices which have been used for the overthrow of bishops , may perhaps wax bold in process of time to give the like assault even there , from whence at this present they are most seconded . nor let it over-dismay them who suffer such things at the hands of this most unkind world , to see that heavenly estate and dignity thus conculcated , in regard whereof so many their predecessors were no less esteemed then if they had not been men but angels amongst men . with former bishops it was as with iob in the days of that prosperity , which at large he describeth , saying , unto me men gave ea● , they waited and held their tongue at my counsel , after my words they replied not , i appointed out their way and did sit as chief , i dwelt as it had been a king in an army . at this day , the case is otherwise with them ; and yet no otherwise then with the self same iob at what time the alteration of his estate wrested these contrary speeches from him , but now they that are younger then i mock at me , the children of fools , and off-spring of slaves , creatures more base then the earth they tread on ; such as if they did show their heads , young and old would shout at them and chase them through the streets with a cry , their song i am , i am a theam for them to talk on . an injury less grievous if it were not offered by them whom satan hath through his fraud and subtilty so far beguiled as to make them imagine herein they do unto god a part of most faithful service . whereas the lord in truth , whom they serve herein , is , as st. cyprian telleth them , like , not christ ( for he it is that doth appoint and protect bishops ) but rather christs adversary and enemy of his church . a thousand five hundred years and upward the church of christ hath now continued under the sacred regiment of bishops . neither for so long hath christianity been ever planted in any kingdom throughout the world but with this kind of government alone ; which to have been ordained of god , i am , for mine own part , even as resolutely perswaded , as that any other kind of government in the world whatsoever is of god. in this realm of england , before normans , yea before saxons , there being christians , the chief pastors of their souls were bishops . this order from about the first establishment of christian religion which was publiquely begun through the vertuous disposition of king lucius not fully two hundred years after christ , continued till the coming in of the saxons ; by whom paganism being every where else replanted , only one part of the island , whereinto the ancient , natural inhabitants the britains were driven , retained constantly the faith of christ , together with the same form of spiritual regiment , which their fathers had before received . wherefore in the histories of the church we find very ancient mention made of our own bishops . at the council of ariminum about the year britain had three of her bishops present . at the arrival of augustine the monk , whom gregory sent hither to reclaim the saxons from gentility about six hundred years after christ , the britains he found observers still of the self same government by bishops over the rest of the clergy ; under this form christianity took root again , where it had been exiled . under the self same form it remained till the days of the a norman conqueror . by him and his successors thereunto b sworn , it hath from that time till now , by the space of above five hundred years more been upheld . o nation utterly without knowledge , without sense ! we are not through error of mind deceived , but some wicked thing hath undoubtedly bewitched us , if we forsake that government , the use whereof universal experience hath for so many years approved , and betake our selves unto a regiment , neither appointed of god himself , as they who favour it pretend , nor till yesterday ever heard of among men . by the jews festus was much complained of , as being a governor marvellous corrupt , and almost intolerable : such notwithstanding were they who came after him , that men which thought the publique condition most afflicted under festur . began to wish they had him again , and to esteem him a ruler commendable . great things are hoped for at the hands of these new presidents , whom reformation would bring in : notwithstanding the time may come , when bishops , whose regiment doth now seem a yoke so heavy to bear , will be longed for again even by them that are the readiest to have it taken from off their necks . but in the hands of divine providence we leave the ordering of all such events ; and come now to the question it self which is raised concerning bishops . for the better understanding whereof we must before hand set down what is meant , when in this question we name a bishop . ii. for whatsoever we bring from antiquity by way of defence in this cause of bishops , it is cast off as impertinent matter , all is wiped away with an odd kind of shifting answer , that the bishops which now are , be not like unto them which were . we therefore beseech all indifferent judges to weigh sincerely with themselves how the case doth stand . if it should be at this day a controversie whether kingly regiment were lawful or no , peradventure in defence thereof , the long continuance which it hath had sithence the first beginning might be alleadged , mention perhaps might be made what kings there were of old even in abrahams time , what soveraign princes both before and after . suppose that herein some man purposely bending his wit against sovereignty , should think to elude all such allegations by making ample discovery through a number of particularities , wherein the kings that are , do differ from those that have been , and should therefore in the end conclude , that such ancient examples are no convenient proofs of that royalty which is now in use . surely for decision of truth in this case there were no remedy , but only to shew the nature of sovereignty , to sever it from accidental properties , to make it clear that ancient and present regality are one and the same in substance , how great odds soever otherwise may seem to be between them . in like manner , whereas a question of late hath grown , whether ecclesiastical regiment by bishops be lawful in the church of christ or no : in which question , they that hold the negative , being pressed with that generally received order , according whereunto the most renowned lights of the christian world , have governed the same in every age as bishops ; seeing their manner is to reply , that such bishops as those ancient were , ours are not ; there is no remedy but to shew , that to be a bishop is now the self same thing which it hath been ; that one definition agreeth fully and truly as well to those elder , as to these latter bishops . sundry dissimilitudes we grant there are , which notwithstanding are not such that they cause any equivocation in the name , whereby we should think a bishop in those times to have had a clean other definition then doth rightly agree unto bishops as they are now : many things there are in the state of bishops , which the times have changed ; many a parsonage at this day is larger then some ancient bishopricks were ; many an antient bishop poorer then at this day sundry under them in degree . the simple hereupon , lacking judgement and knowledge to discern between the nature of things which changeth not , and these outward variable accidents , are made beleeve that a bishop heretofore and now are things in their very nature so distinct that they cannot be judged the same . yet to men that have any part of skill , what more evident and plain in bishops , then that augmentation or diminution in their precincts , allowances , priviledges , and such like , do make a difference indeed , but no essential difference between one bishop and another ? as for those things in regard whereof we use properly to term them bishops ; those things whereby they essentially differ from other pastors , those things which the natural definition of a bishop must contain , what one of them is there more or less appliable unto bishops now than of old ? the name bishop hath been borrowed from the a grecians , with whom it signifieth , one which hath principal charge to guide and oversee others . the same word in ecclesiastical writings being applied unto church-governors , at the first unto b all and not unto the chiefest only , grew in short time peculiar and proper to signifie such episcopal authority alone , as the chiefest governors exercised over the rest ; for with all names this is usual , that , in as much as they are not given till the things whereunto they are given , have bin sometime first observed ; therefore generally , things are antienter then the names whereby they are called . again , sith the first things that grow into general observation ; and do thereby give men occasion to find names for them , are those which being in many subjects , are thereby the easier , the oftner , and the more universally noted ; it followeth , that names imposed to signifie common qualities or operations are ancienter , then is the restraint of those names , to note an excellency of such qualities or operations in some one or few amongst others . for example , the name disciple being invented to signifie generally a learner , it cannot choose but in that signification be more ancient then when it signifieth , as it were by a kind of appropriation , those learners who being taught of christ were in that respect termed disciples by an excellency . the like is to be seen in the name apostle , the use whereof to signifie a messenger , must needs be more ancient then that use which restraineth it unto messengers sent concerning evangelical affairs ; yea this use more ancient then that whereby the same word is yet restrained farther to signifie only those whom our saviour himself immediately did send . after the same manner the title or name of a bishop having been used of old to signifie both an ecclesiastical overseer in general , and more particularly also a principal ecclesiastical overseer ; it followeth , that this latter restrained signification is not so ancient as the former , being more common : yet because the things themselves are always ancienter then their names ; therefore that thing which the restrained use of the word doth import , is likewise ancienter then the restraint of the word is ; and consequently that power of chief ecclesiastical overseers , which the term of a bishop importeth , was before the restrained use of the name which doth import it . wherefore a lame and an impotent kind of reasoning it is , when men go about to prove that in the apostles times there was no such thing as the restrained name of a bishop doth now signifie ; because in their writings there is found no restraint of that name , but only a general use whereby it reacheth unto all spiritual governors and overseers . but to let go the name , and to come to the very nature of that thing which is thereby signified in all kindes of regiment whether ecclesiastical or civil : as there are sundry operations publique , so likewise great inequality there is in the same operations , some being of principal respect , and therefore not fit to be dealt in by every one to whom publique actions , and those of good importance , are notwithstanding well and ●itly enough committed . from hence have grown those different degrees of magistrates or publique persons , even ecclesiastical as well as civil . amongst ecclesiastical persons therefore bishops being chief ones , a bishops function must be defined by that wherein his chiefty consisteth . a bishop is a minister of god , unto whom with permanent continuance , there is given not only power of administring the word and sacraments , which power other presbyrers have ; but also a further power to ordain ecclesiastical persons , and a power of chiefty in government over presbyters as well as lay men , a power to be by way of jurisdiction a pastor even to pastors themselves . so that this office , as he is a presbyter or pastor , consisteth in those things which are common unto him with other pastors , as in ministring the word and sacraments : but those things incident unto his office , which do properly make him a bishop , cannot be common unto him with other pastors . now even as pastors , so likewise bishops being principal pastors , are either at large or else with restraint . at large , when the subject of their regiment is indefinite , and not tyed to any certain place : bishops with restraint , are they whose regiment over the church is contained within some definite , local compass , beyond which compass their jurisdiction reacheth not . such therefore we always mean when we speak of that regiment by bishops which we hold a thing most lawful , divine and holy in the church of christ. iii. in our present regiment by bishops two things there are complained of , the one their great authority , and the other their great honor. touching the authority of our bishops , the first thing which therein displeaseth their adversaries , is the superiority which bishops have over other ministers . they which cannot brook the superiority which bishops have , do notwithstanding themselves admit that some kind of difference and inequality there may be lawfully amongst ministers : inequality as touching gifts and graces they grant , because this is so plain that no mist in the world can be cast before mens eyes so thick , but that they needs must discern thorow it , that one minister of the gospel may be more learneder , holier , and wiser , better able to instruct , more apt to rule and guide them then another : unless thus much were confest , those men should lose their fame and glory whom they themselves do entitle the lights and grand worthies of this present age . again , a priority of order they deny not , but that there may be ; yea such a priority as maketh one man amongst many a principal actor in those things whereunto sundry of them must necessarily concur , so that the same be admitted only during the time of such actions and no longer ; that is to say just so much superiority , and neither more nor less may be liked of , then it hath pleased them in their own kind of regiment to set down . the inequality which they complain of , is , that one minister of the word and sacraments should have a permanent superiority above another , or in any sort a superiority of power mandatory , judicial and coercive over other ministers . by us , on the contrary side , inequality , even such inequality as unto bishops being ministers of the word and sacraments granteth a superiority permanent above ministers , yea a permanent superiority of power mandatory , judicial and coercive over them , is maintained a thing allowable , lawful and good . for , superiority of power may be either above them or upon them , in regard of whom it is termed superiority . one pastor hath superiority of power above another , when either some are authorised to do things worthier then are permitted unto all , some are preferred to be principal agents , the rest agents with dependency and subordination . the former of these two kinds of superiority is such as the high-priest had above other priests of the law , in being appointed to enter once a year the holy place , which the rest of the priests might not do . the latter superiority such as presidents have in those actions which are done by others with them , they nevertheless being principal and chief therein . one pastor hath superiority of power , not only above but upon another , when some are subject unto others commandment and judicial controlment , by vertue of publique jurisdiction . superiority in this last kinde is utterly denied , to be allowable ; in the rest it is only denied that the lasting continuance and settled permanency thereof is lawful . so that if we prove at all the lawfulness of superiority in this last kind , where the same is simply denied , and of permanent superiority in the rest where some kind of superiority is granted , but with restraint to the term and continuance of certain actions , with which the same must , as they say , expire and cease ; if we can show these two things maintainable , we bear up sufficiently that which the adverse party endeavoureth to overthrow . our desire therefore is , that this issue may be strictly observed , and those things accordingly judged of , which we are to alleadge . this we boldly therefore set down , as a most infallible truth , that the church of christ is at this day lawfully , and so hath been sit hence the first beginning , governed by bishops , having permanent superiority , and ruling power over other ministers of the word and sacraments . for the plainer explication whereof , let us briefly declare first , the birth and original of the same power , whence and by what occasion it grew . secondly , what manner of power antiquity doth witness bishops to have had more then presbyters which were no bishops . thirdly , after what sort bishops together with presbyters have used to govern the churches under them , according to the like testimonial evidence of antiquity . fourthly , how far the same episcopal power hath usually extended , unto what number of persons it hath reached , what bounds and limits of place it hath had . this done , we may afterwards descend unto those by whom the same either hath been heretofore , or is at this present hour gainsaid . iv. the first bishops in the church of christ were his blessed apostles , for the office whereunto matthias was chosen the sacred history doth term ' e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an episcopal office. which being spoken expresly of one , agreeth no less unto them all then unto him . for which cause st. cyprian speaking generally of them all doth call them bishops . they which were termed apostles , as being sent of christ to publish his gospel throughout the world , and were named likewise bishops , in that the care of government was also committed unto them , did no less perform the offices of their episcopal authority by governing , then of their apostolical by teaching . the word ' e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 expressing that part of their office which did consist in regiment , proveth not ( i grant ) their chiefty in regiment over others , because as then that name was common unto the function of their inferiors , and not peculiar unto theirs . but the history of their actions sheweth plainly enough how the thing it self which that name appropriated importeth , that is to say , even such spiritual chiefty as we have already defined to be properly episcopal , was in the holy apostles of christ. bishops therefore they were at large . but was it lawful for any of them to be a bishop with restraint ? true it is their charge was indefinite , yet so , that in case they did all , whether severally or joyntly discharge the office of proclaiming every where the gospel , and of guiding the church of christ , none of them casting off his part in their burthen which was laid upon them ; there doth appear no impediment but that they having received their common charge indefinitely might in the execution thereof notwithstanding restrain themselves , or at leastwise be restrained by the after commandment of the spirit , without contradiction or repugnancy unto that charge more indefinite and general before given them ; especially if it seemed at any time requisite , and for the greater good of the church , that they should in such sort tye themselves unto some special part of the flock of jesus christ , guiding the same in several as bishops . for first , notwithstanding our saviours commandment unto them all to go and preach unto all nations . yet some restraint we see there was made , when by agreement between paul and peter moved with those effects of their labours which the providence of god brought forth ; the one betook himself unto the gentiles , the other unto the jews , for the exercise of that office of every where preaching . a further restraint of their apostolical labours as yet there was also made , when they divided themselves into several parts of the world , a iohn for his charge taking asia , and so the residue other quarters to labour in . if nevertheless it seem very hard that we should admit a restraint so particular , as after that general charge received , to make any apostle notwithstanding the bishop of some one church , what think we of the bishop of ierusalem , b iames , whose consecration unto that mother see of the world , because it was not meet that it should at any time be left void of some apostle doth seem to have been the very cause of st. pauls miraculous vocation to make up the c number of the twelve again , for the gathering of nations abroad , even as the d martyrdom of the other iames the reason why barnabas in his stead was called . finally , apostles whether they did settle in any one certain place● as iames , or else did otherwise as the apostle paul ; episcopal authority either at large or either restraint they had and exercised : their episcopal power they sometimes gave unto others to exercise as agents only in their stead , and as it were by commission from them . thus e titus , and thus timothy at the first , though f afterwards indued with apostolical power of their own . for in process of time the apostles gave episcopal authority , and that to continue always with them which had it . we are able to number up them , g saith irenaus , who by the apostles were made bishops . in rome he affirmeth that the apostles themselves made linus the first bishop . again of polycarp he saith likewise , that the apostles made him bishop of the church of smyrna . h of antioch they made evodius bishop as ignatius witnesseth , exhorting that church to tread in his holy steps , and to follow his vertuous example . the apostles therefore were the first which had such authority , and all others who have it after them in orderly sort are their lawful successors , whether they succeed in any particular church , where before them some apostle hath been seated , as simon succeeded iames in ierusalem ; or else be otherwise endued with the same kind of bishoply power , although it be not where any apostle before hath been . for to succeed them , is after them to have that episcopal kind of power which was first given to them . all bishops are , saith ierome , the apostles successors , in like sort cyprian doth term bishops , prepositos qui apostolis vicaria ordinatione succedunt . from hence it may happily seem to have grown , that they whom now we call bishops * were usually termed at the first apostles , and so did carry their very names in whose rooms of spiritual authority they succeeded , such as deny apostles to have a any successors at all in the office of their apostleship , may hold that opinion without contradiction to this of ours , if they well explain themselves in declaring what truly and properly apostleship is : in some things every presbyter , in some things lonely bishops , in some things neither the one nor the other are the apostles successors . the apostles were sent as special chosen b eye-witnesses of jesus christ , from whom c immediately they received their whole embassage , and their commission to be the principal d first founders of an house of god consisting as well of e gentiles as of jews : in this there are not after them any other like unto them , and yet the apostles have now their successors upon earth their true successors , if not in the largeness , surely in the kind of that episcopal function , whereby they had power to sit as spiritual ordinary judges , both over laity and over clergy where churches christian were established . v. the apostles of our lord did , according unto those directions which were given them from above , erect churches in all such cities as received the word of truth , the gospel of god : all churches by them erected , received from them the same faith , the same sacraments , the same form of publick regiment . the form of regiment by them established at first was , that the laity of people should be subject unto a colledge of ecclesiastical persons , which were in every such city appointed for that purpose . these in their writings they term sometime presbyters , sometime bishops . to take one church out of a number for a patern what the rest were , the presbyters of ephesus , as it is in the history of their departure from the apostle paul at miletum , are said to have wept abundantly all , which speech doth shew them to have been many . and by the apostles exhortation it may appear , that they had not each his several flock to feed , but were in common appointed to feed that one flock the church of ephesus ; for which cause the phrase of his speech is this , attendite gregi . look all to that one flock over which the holy ghost hath made you bishops . these persons ecclesiastical being termed as then , presbyters and bishops both , were all subject unto paul as to an higher governor appointed of god to be over them . but for as much as the apostles could not themselves be present in all churches , and as the apostles st. paul foretold the presbyters of the ephesians that there would rise up from amongst their own selves , men speaking perverse things to draw disciples after them ; there did grow in short time amongst the governors of each church , those emulations , strifes , and contentions , whereof there could be no sufficient remedy provided , except , according unto the order of ierusalem already begun , some one were indued with episcopal ! authority over the rest , which one being resident might keep them in order , and have preheminence or principality in those things , wherein the equality of many agents was the cause of disorder and trouble . this one president or governour , amongst the rest had his known authority established along time before that settled difference of name , and title took place , whereby such alone were named bishops . and therefore in the book of s. iohns revelation we find that they are entituled angels . it will perhaps be answered , that the angels of those churches were onely in every church a minister sacraments : but then we ask , is it probable that in every of these churches , even in ephesus it self , where wany such ministers were long before ; as hath been proved , there was but one such when iohn directed his speech to the angel of that church ? if there were many , surely st. iohn in naming but only one of them an angel , did behold in that one somewhat above the rest . nor was this order peculiar unto some few churches , but the whole world universally became subject thereunto ; insomuch as they did not account it to be a church , which was not subject unto a bishop . it was the general received perswasion of the ancient christian world , that ecclesia est in episcopo , the outward being of a church consisteth in the having of a bishop : that where colledges of presbyters were , there was at the first , equality amongst them , s. ierome thinketh it a matter clear ; but when the rest were thus equal , so that no one of them could command any other as inferior unto him , they all were controlable by the apostles , who had that episcopal authority abiding at the first in themselves , which they afterwards derived unto others . the cause wherefore they under themselves appointed such bishops as were not every whereat the first , is said to have been those strifes and contentions ; for remedy whereof , whether the apostles alone did conclude of such a regiment , or else they together with the whole church judging it a fit and a needfull policy , did agree to receive it for a custom ; no doubt but being established by them on whom the holy ghost was powred in so abundant measure for the ordering of christs church , it had either divine appointment beforehand , or divine approbation afterwards , and is in that respect to be acknowledged the ordinance of god , no less then that ancient jewish regiment , whereof though iethro were the deviser , yet after that god had allowed it , all men were subject unto it , as to the polity of god , and not of iethro . that so the ancient fathers did think of episcopal regiment , that they held this order as a thing received from the blessed apostles themselves , and authorized even from heaven , we may perhaps more easily prove , then obtain that they all shall grant it w●o see it proved . st. augustine setteth it down for a principle , that whatsoever positive order the whole church every where doth observe , the same it must needs have received from the very apostles themselves , unless perhaps some general councel were the authors of it . and he saw that the ruling superiority of bishops was a thing universally established not by the force of any councel , ( for councels do all presuppose bishops , nor can there any councel be named so ancient , either general , or as much as provincial , sithence the apostles own times , but we can shew that bishops had their authority before it , and not from it . ) wherefore st. augustine knowing this , could not chuse but reverence the authority of bishops , as a thing to him apparently and most clearly apostolical . but it will be perhaps objected that regiment by bishops was not so universal nor ancient as we pretend ; and that an argument hereof may be ieroms own testimony , who living at the very same time with st. augustine , noteth this kind of regiment as being no where antient , saving onely in alexandria ; his words are these , it was for a remedy of schism that one was afterwards chosen to be placed above the rest , lest every mans pulling unto himself , should rend asunder the church of christ. for ( that which also may serve for an argument or taken hereof ) at alexandria from mark the evangelist , unto heraclas and dionysius , the presbyters always chose one of themselves , whom they placed in higher degree , and gave unto him the title of bishop . now st. ierom they say would never have picked out that one church from amongst so many , and have noted that in it there had been bishops from the time that st. mark lived , if so be the self same order were of like antiquity every where ; his words therefore must be thus scholied ; in the church of alexandria , presbyters indeed had even from the time of st. mark the evangelist , always a bishop to rule over them for a remedy against divisions , factions , and schisms . not so in other churches , neither in that very church any longer then usque ad heraclam & dionysium , till heraclas and his successor dionysius were bishops . but this construction doth bereave the words construed , partly of wit , and partly of truth ; it maketh them both absurd and false . for if the meaning be that episcopal government in that church was then expired , it must have expired with the end of some one , and not of two several bishops days , unless perhaps it fell sick under heraclas , and with dionysius gave up the ghost . besides , it is clearly untrue that the presbyters of that church did then cease to be under a bishop . who doth not know that after dionysius , maximus was bishop of alexandria , after him theonas , after him peter , after him achillas , after him alexander , of whom socrates in this sort writeth ; it fortuned on a certain time that this alexander in the presence of the presbyters which were under him , and of the rest of the clergy there , discoursed somewhat curiously and subtilly of the holy trinity , bringing high philosophical proofs , that there is in the trinity an unity . whereupon arius one of the presbyters which were placed in that degree under alexander , opposed eagerly himself against those things which were uttered by the bishop . so that thus long bishops continued even in the church of alexandria . nor did their regiment here cease , but these also had others their successors till st. ieroms own time , who living long after heraclas and dionysius had ended their days , did not yet live himself to see the presbyters of alexandria , othewise then subject unto a bishop . so that we cannot , with any truth , so interpret his words as to mean , that in the church of alexandria there had been bishops indued with superiority over presbyters from st. marks time , only till the time of heraclas and of dionysius ; wherefore that st. ierom may receive a more probable interpretation then this , we answer , that generally , o● regiment by bishops , and what term of continuance it had in the church of alexandria , it was no part of his mind to speak , but to note one onely circumstance belonging to the manner of their election , which circumstance is , that in alexandria they used to chuse their bishops altogether out of the colledge of their own presbyters , and neither from abroad nor out of any other inferior order of the clergy , whereas oftentimes a elsewhere the use was to chuse as well from abroad as at home , as well inferior unto presbyters , as presbyters when they saw occasion , this custome , saith he , the church of alexandria did always keep , till in heraclas and dionysius , they began to do otherwise . these two were the very first not chose out of their colledge of presbyters . the drift and purpose of s. ieroms speech doth plainly show what his meaning was ; for whereas some did over-extol the office of the deacon in the church of rome ; where deacons being grown great , through wealth , challenged place above presbyters : s. ierome , to abate this insolency , writing to evagrius , diminisheth by all means the deacons estimation , and lifteth up presbyters as far as possible the truth might bear . an attendant , saith he , upon tables and widows proudly to exalt himself above them , at whose prayers is made the body and blood of christ ; above them , between whom and bishops there was at the first for a time no difference neither in authority nor in title . and whereas after schisms and contentions made it necessary that some one should be placed over them , by which occasion the title of bishop became proper unto that one , yet was that one chosen out of the presbyters , as being the chiefest , the highest , the worthiest degree of the clergie , and not out of deacons ; in which consideration also it seemeth that in alexandria even from st. mark to heraclas and dionysius bishops there , the presbyters evermore have chosen one of themselves , and not a deacon at any time to be their bishop . nor let any man think that christ hath one church in rome , and another in the rest of the world ; that in rome he alloweth deacons to be honoured above presbyters , and otherwhere will have them to be in the next degree to the bishop . if it be deemed that abroad where bishops are poorer , the presbyters under them may be the next unto them in honour ; but at rome where the bishop hath amplereven●es , the deacons whose estate is nearest for wealth , may be also for estimation the next unto him : we must know that ; a bishop in the meanest city is no less a bishop then he who is seated in the greatest ; the countenance of a rich , and the meanness of a poor estate doth make no odds between bishops ; and therefore if a presbyter at engubium be the next in degree to a bishop , surely , even at rome it ought in reason to be so likewise ; and not a deacon for wealths sake only to be above , who by order should be , and elsewhere is , underneath a presbyter . but ye will say that according to the custom of rome a deacon presenteth unto the bishop him which standeth to be ordained presbyter ; and upon the deacons testimony given concerning his fitness , he receiveth at the bishops hands oraïnation : so that in rome the deacon having this special preheminence , the presbyter ought there to give place unto him . wherefore is the custom of one city brought against the practice of the whole world ? the pancity of deacons in the church of rome hath gotten the credit , as unto presbyters their multitude hath been cause of contempt : howbeit even in the church of rome , presbyters sit and deacons stand : an argument as strong against the superiority of deacons , as the fore-alleadged reason doth seem for it . besides , whosoever is promoted must needs be raised from a lower degree to an higher ; wherefore either let him which is presbyter be made a deacon , that so the deacon may appear to be the greater ; or if of deacons presbyters be made , let them know themselves to be in regard of deacons , though below in gain , yet above in office. and to the end we may understand that those apostolical orders are taken out of the old testament , what aaron and his sons and the levites were in the temple , the same in the church may ● bishops and presbyters and deacons challenge unto themselves . this is the very drift and substance , this the true construction and sense of st. ieroms whole discourse in that epistle : which i have therefore endeavoured the more at large to explain , because no one thing is less effectual or more usual to be alledged against the antient authority of bishops ; concerning whose government st. ieroms own words otherwhere are sufficient to show his opinion , that this order was not only in alexandria so ancient , but even an ancient in other churches . we have before alledged his testimony touching iames the bishop of ierusalem . as for bishops in other churches , on the first of the epistle to titus thus he speaketh , till through instinct of the devil there grew in the church factions , and among the people it began to be profest ; i am of paul , i of apollos , and i of cephas , churches were governed by the common advice of presbyters ; but when every one began to reckon those whom himself had baptized , his own and not christs , it was decreed in the whole world that one chosen out of the presbyters should be placed above the rest , to whom all care of the church should belong , and so the seeds of schism be removed . if it be so , that by st. ieroms own confession this order was not then begun when people in the apostles absence began to be divided into factions by their teachers ; and to rehearse , i am of paul , but that even at the very first appointment thereof was agreed upon and received throughout the world ; how shall a man be perswaded that the same ierom thought it so ancient no-where saving in alexandria , one only church of the whole world ; a sentence there is indeed of st. ieroms which bring not throughly considered and weighed may cause his meaning so to be taken , as if he judged episcopal regiment to have been the churches invention long after , and not the apostles own institution ; as namely , when he admonisheth bishops in this manner ; as therefore presbyters do know that the custom of the church makes them subject to the bishop which is set over them ; so let a bishops know that , custom rather then the truth of any ordinance of the lord , maketh them greater then the rest , and that with common advice they ought to govern the church . to clear the sense of these words therefore , as we have done already the former : laws which the church from the beginning universally hath observed were some delivered by christ himself , with a charge to keep them till the worlds end , as the law of baptizing and administring the holy eucharist ; some brought in afterwards by the apostles , yet not without the special direction of the holy ghost , as occasions did arise . of this sort are those apostolical orders and laws whereby deacons , widows , virgins were first appointed in the church , this answer to saint ierom , seemeth dangerous , i have qualified it as i may , by addition of some words of restraint ; yet i satisfie not may self , in my judgment it would be altered . now whereas jerom doth term the government of bishops by restraint , an apostolical tradition , acknowledging thereby the same to have been of the apostles own institution , it may be demanded , how these two will stand together ; namely , that the apostles by divine instinct , should be as jerom confesseth the authors of that regiment , and yet the custome of the church he accompted ( for so by jerom it may seem to be in this place accompted ) the chiefest prop that upholdeth the same ? to this we answer , that for as much as the whole body of the church , hath power to alter with general consent and upon necessary occasions , even the positive law of the apostles , if there be no commandment to the contrary , and it manifestly appears to her , that change of times have clearly taken away the very reason of gods first institution , as by sundry examples may be most clearly proved ; what laws the universal church might change , and doth not ; if they have long continued without any alteration ; it seemeth that st. jerom ascribeth the continuance of such positive laws , though instituted by god himself , to the judgemement of the church . for they which might abrogate a law and do not , are properly said to uphold , to establish it , and to give it being . the regiment therefore whereof jerom speaketh being positive , and consequently not absolutely necessary , but of a changeable nature , because there is no divine voice which in express words forbiddeth it to be changed ; he might imagine both that it came by the apostles by very divine appointment at the first , and notwithstanding be after a sort , said to stand in force , rather by the custome of the church , choosing to continue in it , than by the necessary constraint of any commandment from the word , requiring perpetual continuance thereof . so that st. ieroms admonition is reasonable , sensible , and plain , being contrived to this effect ; the ruling superiority of one bishop over many presbyters , in each church , is an order descended from christ to the apostles , who were themselves bishops at large , and from the apostles to those whom they in their steads appointed bishops over particular countries and cities , and even from those antient times universally established , thus many years it hath continued throughout the world ; for which cause presbyters must not grudg to continue subject unto their bishops , unless they will proudly oppose themselves against that which god himself ordained by his apostles ; and the whole church of christ approveth and judgeth most convenient . on the other side bishops albeit they may avouch , with conformity of truth , that their authority had thus descended even from the very apostles themselves , yet the absolute and everlasting continuance of it , they cannot say that any commandment of the lord doth injoyn ; and therefore must acknowledge that the church hath power by universal consent upon urgent cause to take it away , if thereunto she be constrained through the proud , tyrannical , and unreformable dealings of her bishops , whose regiment she hath thus long delighted in , because she hath found it good and requisite to be so governed . wherefore lest bishops forget themselves , as if none on earth had authority to touch their states , let them continually bear in mind , that it is rather the force of custom , whereby the church having so long found it good to continue under the regiment of her vertuous bishops , doth still uphold , maintain , and honour them in that respect , than that any such true and heavenly law can be showed , by the evidence whereof it may of a truth appear that the lord himself hath appointed presbyters for ever to be under the regiment of bishops , in what sort soever they behave themselves ; let this consideration be a bridle unto them , let it teach them not to disdain the advice of their presbyters , but to use their authority with so much the greater humility and moderation , as a sword which the church hath power to take from them . in all this there is no le●● why s. ierom might not think the authors of episcopal regiment to have been the very blessed apostles themselves , directed therein by the special mution of the holy ghost , which the ancients all before , and besides him and himself also elsewhere , being known to hold , we are not , without better evidence then this , to think him in judgement divided both from himself and from them . another argument that the regiment of churches by one bishop over many presbyters , hath been always held apostolical , may be this . we find that throughout all those cities where the apostles did plant christianity , the history of times hath noted succession of pastors in the seat of one , not of many ( there being in every such church evermore many pastors ) and the first one in every rank of succession we find to have been , if not some apostle , yet some apostles disciple . by epiphanius the bishops of ierusalem are reckoned down from iames to hilarion then bishop . of them which boasted that they held the same things which they received of such as lived with the apostles themselves , tertullian speaketh after this sort , let them therefore shew the beginnings of their churches , let them recite their bishops one by one , each in such sort succeeding other , that the first bishop of them have had , for his author and predecessour , some apostle , or at least some apostolical person , who persevered with the apostles . for so apostolical churches are wont to bring forth the evidence of their estates . so doth the church of smyrna , having polycarp whom iohn did consecrate . catalogues of bishops in a number of other churches ( bishops and succeeding one another ) from the very apostles times are by eusebius and socrates collected , whereby it appeareth so clear , as nothing in the world more , that under them and by their appointment this order began , which maketh many presbyters subject unto the regiment of some one bishop . for as in rome while the civil ordering of the common-wealth , was joyntly and equally in the hands of two consuls , historical records concerning them , did evermore mention them both , and note which two as collegues succeeded from time to time ; so , there is no doubt but ecclesiastical antiquity had done the very like , had not one pastors place and calling been always so eminent above the rest in the same church . and what need we to seek far for proofs that the apostles who began this order of regiment by bishops , did it not but by divine instinct , when without such direction things of far less weight and moment they attemdted not ? paul and barnabas did not open their mouths to the gentiles , till the spirit had said , separate me paul and barnabas for the work whereunto i have sent them . the eunuch by philip was neither baptized nor instructed before the angel of god was sent to give him notice that so it pleased the most high. in asia , paul and the rest were silent , because the spirit forbad them to speak , when they intended to have seen bythinia they stayed their journey , the spirit not giving them leave to go . before timothy was imployed in those episcopal affairs of the church , about which the apostle st. paul used him , the holy ghost gave special charge for his ordination , and prophetical intelligence more then once , what success the same would have . and shall we think that iames was made bishop of ierusalem , evodius bishop of the church of antioch , the angels in the churches of asia bishops , that bishops every where were appointed to take away factions , contentions and schisms , without some like divine instigation and direction of the holy ghost ? wherefore let us not fear to be herein bold and peremptory , that , if any thing in the churches government , surely the first institution of bishops was from heaven , was even of god ; the holy ghost was the author of it . vi. a bishops , saith st. augustine , is a presbyter's superior : but the question is now , wherein that superiority did consist . the bishops pre-eminence we say therefore was twofold . first , he excelled in latitude of the power of order , secondly in that kind of power which belongeth unto iurisdiction . priests in the law had authority and power to do greater things then levites , the high priest greater then inferiour priests might do , therefore levites were beneath priests , and priests inferior to the high priest , by reason of the very degree of dignity , and of worthiness in the nature of those functions which they did execute ; and not only , for that the one had power to command and controul the other , in like sort , presbyters having a weightier and a worthier charge then deacons had , the deacon was in this sort the presbyters inferior , and where we say that a bishop was likewise ever accompted a presbyters superior , even according unto his very power of order , we must of necessity declare what principal duties belonging unto that kind of power a bishop might perform , and not a presbyter . the custom of the primitive church in consecrating holy virgins , and widows , unto the service of god and his church , is a thing not obscure , but easie to be known , both by that which st. paul himself concerning them hath , and by the latter consonant evidence of other mens writings . now a part of the pre-eminence which bishops had in their power of order , was , that by them onely such were consecrated . again , the power of ordaining both deacons and presbyters , the power to give the power of order unto others , this also hath been always peculiar unto bishops . it hath not been heard of , that inferiour presbyters were ever authorized to ordein . and concerning ordination so great force and dignity it hath , that whereas presbyters by such power as they have received for administration of the sacraments , are able only to beget children unto god ; bishops having power to ordain , do by vertue thereof create fathers to the people of god , as epiphanius fitly disputeth . there are which hold that between a bishop and a presbyter , touching power of order , there is no difference : the reason of which conceipt is for that they see presbyters no less then bishops , authorized to offer up the prayers of the church , to preach the gospel , to baptize , to administer the holy eucharist ; but they considered not with all , as they should , that the presbyters authority to do these things is derived from the bishops which doth ordain him thereunto , so that even in those things which are common unto both , yet the power of the one , is as it were a certain light borrowed from the others lamp . the apostles being bishops at large , ●deined every where presbyters . titus and timothy having received episcopal power , as apostolique embassadors or legates , the one in greece , the other in ephesus , they both did , by vertue thereof , likewise ordein throughout all churches deacons and presbyters within the circuits allotted unto them . as for bishops by restraint , their power this way incommunicable unto presbyters , which of the ancients do not acknowledge ? i make not confirmation any part of that power which hath always belonged only unto bishops ; because in some places the custom was , that presbyters might also confirm in the absence of a bishop ; albeit for the most part , none but onely bishops were thereof the allowed ministers . here it will be perhaps objected that the power of ordination it self was not every where peculiar and proper unto bishops , as may be seen by council of carthage , which sheweth their churches order to have been , that presbyters should together with the bishop lay hands upon the ordained . but the answer hereunto is easie , for doth it hereupon follow that the power of ordination was not principally and originally in the bishop ? our saviour hath said unto his apostles , with me ye shall sit and judge the twelve tribes of israel ; yet we know that to him alone it belongeth to judge the world , and that to him all judgement is given . with us even at this day presbyters are licensed to do as much as that council speaketh of , if any be present . yet will not any man thereby conclude that in this church others than bishops are allowed to ordain : the association of presbyters is no sufficient proof that the power of ordination is in them ; but rather that it never was in them , we may hereby understand , for that no man is able to shew either deacon or presbyter ordained by presbyters only , and his ordination accounted lawful in any ancient part of the church ; every where examples being found both of deacons and of presbyters ordained by bishops alone oftentimes , neither ever in that respect thought unsufficient . touching that other chiefty , which is of jurisdiction ; amongst the jews he which was highest through the worthiness of peculiar duties incident into his function in the legal service of god , did bear alwaies in ecclesiastical jurisdiction the chiefest sway . as long as the glory of the temple of god did last , there were in it sundry orders of men consecrated unto the service thereof ; one sort of them inferior unto another in dignity and degree ; the nathiners subordinate unto the levites , the levites unto the priests , the rest of the priests to those twenty four which were chief priests , and they all to the high priest. if any man surmise that the difference between them was only by distinction in the former kind of power , and not in this latter of jurisdiction , are not the words of the law manifest which make eleazer the son of aaron the priest chief captain of the levites , and overseer of them , unto whom the charge of the sanctuary was committed ? again at the commandment of aaron and his sons , are not the gersonites themselves required to do all their service in the whole charge belonging unto the gersonites being inferiour priests as aaron and his sons were high priests ? did not iehoshaphat appoint amarias the priest to be chief over them who were judges for the cause of the lord in ierusalem ? priests , saith josephus , worship god continually , and the eldest of the stock are governours over the rest . he doth sacrifice unto god before others , he hath care of the laws , judgeth controversies , correcteth offenders , and whosoever obeyeth him not is convict of impiety against god. but unto this they answer , that the reason thereof was because the high-priest did prefigure christ , and represent to the people that chiefty of our saviour which was to come ; so that christ being now come there is no cause why such preheminence should be given unto any one . which fancy pleaseth so well the humour of all sorts of rebellions spirits that they all seek to shroud themselves under it . tell the anabaptist , which holdeth the use of the sword unlawful for a christian man , that god himself did allow his people to make wars ; they have their answer round and ready , those ancient wars were figures of the spiritual wars of christ. tell the barrowist what sway david , and others the kings of israel , did bear in the ordering of spiritual affairs , the same answer again serveth , namely , that david and the rest of the kings of israel prefigured christ. tell the martinist of the high-priests great authority and jurisdiction amongst the jews , what other thing doth serve this turn but the self-same shift ; by the power of the high-priest the universal supreme authority of our lord iesus christ was shadowed . the thing is true , that indeed high-priests were figures of christ , yet this was in things belonging unto their power of order ; they figured christ by entring into the holy place , by offering for the sins of all the people once a year , and by other the like duties : but , that to govern and to maintain order amongst those that were subject to them , is an office figurative and abrogated by christs coming in the ministry ; that their exercise of jurisdiction was figurative , yea figurative in such sort , that it had no other cause of being instituted , but only to serve as a representation of somewhat to come , and that herein the church of christ ought not to follow them ; this article is such as must be confirmed , if any way by miracle , otherwise it will hardly enter into the heads of reasonable men , why the high-priest should more figure christ in being a judge then in being whatsoever he might be besides . st. cyprian deemed it no wresting of scripture to challenge as much for christian bishops , as was given to the high-priest among the jews , and to urge the law of moses as being most effectual to prove it . st. ierom likewise thought it an argument sufficient to ground the authority of bishops upon . to the end , saith he , we may understand apostolical traditions to have been taken from the old testament , that which aaron , and his sons , and the levites were in the temple ; bishops and presbyters and deacons in the church may lawfully challenge to themselves , in the office of a bishop ignatius observeth these two functions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , concerning the one such is the prehemince of a bishop , that he only hath the heavenly mysteries of god committed originally unto him , so that otherwise than by his ordination , and by authority received from him , others besides him are not licensed therein to deal as ordinary ministers of gods church . and touching the other part of their sacred function , wherein the power of their jurisdiction doth appear first how the apostles themselves , and secondly how titus and timothy had rule and jurisdiction over presbyters , no man is ignorant . and had not christian bishops afterward the like power ? ignatius bishop of antioch being ready by blessed martyrdom to end his life , writeth unto his presbyters , the pastors under him , in this sort . o● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after the death of fabian bishop of rome , there growing some trouble about the receiving of such persons into the church as had fallen away in persecution , and did now repent their fall ; the presbyters and deacons of the same church advertised st. cyprian thereof , signifying that they must of necessity defer to deal in that cause till god did send them a new bishop which might moderate all things . much we read of extraodinary fasting usually in the church . and in this appeareth also somewhat concerning the chiefty of bishops . the custome is , saith tertullian that bishops do appoint when the people shall all fast . yea , it is not a matter left to our own free choice whether bishops shall rule or no , but the will of our lord and saviour is , saith cyprian , that every act of the church , be governed by her bishops . an argument it is of the bishops high preheminence , rule , and government over all the rest of the clergy , even that the sword of persecution did strike , especially , always at the bishop as at the head , the rest by reason of their lower estate , being more secure , as the self-same cyprian noteth ; the very manner of whose speech unto his own , both deacons and presbyters who remained safe , when himself then bishop was driven into exile , argueth likewise his eminent authority and rule over them , by these letters , saith he , i both exhort and command that ye whose presence there is not envied at , nor so much beset with dangers , supply my room in doing those things which the exercise of religion doth require . unto the same purpose serve most directly , those comparisons , than which nothing is more familiar in the books of the ancient fathers , who as oft as they speak of the several degrees in gods clergy , if they chance to compare presbyters with levitical priests of the law ; the bishop a they compare unto aaron the high priest ; if they compare the one with the apostles , the other they compare ( although in a lower proportion ) sometime b to christ , and sometime to god himself , evermore shewing that they placed the bishop in an eminent degree of ruling authority and power above other presbyters . c ignatius comparing bishops with deacons , and with such ministers of the word and sacraments as were but presbyters , and had no authority over presbyters ; what is saith he , the bishop but one which hath all principality and power over all , so far forth as man may have it , being to his power , a follower even of gods own christ ; mr. d calvin himself , though an enemy unto regiment by bishops , doth notwithstanding confess , that in old time the ministers which had charge to teach , chose of their company one in every city , to whom they appropriated the title of bishop , lest equality should bread dissention , he addeth farther , that look what duty the roman consuls did execute in proposing matters unto the senate , in asking their opinions , in directing them by advice , admonition , exhortation , in guiding actions by their authority , and in seeing that performed which was with common consent agreed on , the like charge had the bishop in the assembly of other ministers . thus much calvin being forced by the evidence of truth to grant , doth yet deny the bishops to have been so in authority at the first as to bear rule over other ministers . wherein what rule he doth mean i know not . but if the bishops were so farr in dignity , above other ministers , as the consuls of rome , for their year above other senators , it is as much as we require . and undoubtedly , if as the consuls of rome , so the bishops in the church of christ had such authority , as both to direct other ministers , and to see that every of them should observe t●at which their common consent had agreed on , how this could be done by the bishop not bearing rule over them , for mine own part i must acknowledge that my poor concept is not able to comprehend . one objection there is of some force to make against that which we have hither to endeavoured to prove , if they mistake it not who alledge it . st. ierom comparing other presbyters with him , unto whom the name of bishop was t●en appropriate , asketh , what a bishop by vertue of his place and calling may do more then a presbyter , except it be only to ordain ? in like sort chrysostome having moved a question , wherefore , st. paul should give timothy precept concerning the quality of bishops , and descend from them to deacons , omiting the order of presbyters between , he maketh thereunto this answer , what things he spake concerning bishops , the same are also meet for presbyters , whom bishops seem not to excell in any thing but only in the power of ordination . wherefore seeing this doth import no ruling superiority , it follows that bishops were as then no rulers over that part of the clergy of god. whereunto we answer that both s. ierom and s. chrysostom had in those their speeches an eye no farther then only to that function , for which presbyters and bishops were consecrated unto god. now we know that their consecration had reference to nothing but only that which they did by force and vertue of the power of order , wherein fithe bishops received their charge , only by that one degree to speak of , more ample then presbyters did theirs , it might be well enough said that presbyters were that way authorized to do , in a manner , even as much as bishops could do , if we consider what each of them did by vertue of solemn consecration ; for as concerning power of regiment and jurisdiction , it was a thing withal added unto bishops for the necessary use of such certain persons and people , as should be thereunto subject in those particular churches whereof they were bishops , and belonged to them only , as bishops of such or such a church ; whereas the other kind of power had relation indefinitely unto any of the whole society of christian men , on whom they should chance to exercise the same , and belonged to them absolutely , as they were bishops wheresoever they live . st. ieroms conclusion thereof is , that seeing in the one kind of power , there is no greater difference between a presbyter and a bishop , bishops should not because of their preeminence in the other , too much lift up themselves , above the presbyters under them . st. chrysostom's collection , that whereas the apostle doth set down the qualities , whereof regard should be had in the consecration of bishops , there was no need to make a several discourse how presbyters ought to be qualified when they are ordained ; because there being so little difference in the functions , whereunto the one and the other receive ordination , the same precepts might well serve for both ; at least-wise by the vertues required in the greater , what should need in the less might be easily understood . as for the difference of jurisdiction , the truth is the apostles yet living , and themselves where they were resident , exercising the jurisdiction in their own persons , it was not every where established in bishops . when the apostles prescribed those laws , and when chysostom thus spake concerning them , it was not by him at all respected , but his eye was the same way with ieroms ; his cogitation was w●olly fixed on that power which by consecration is given to bishops , more then to presbyters , and not on that which they have over presbyters by force of their particular accessory jurisdiction . wherein if any man suppose that ierom and chrysostom knew no difference at all between a presbyter and a bishop , let him weigh but one or two of their sentences . the pride of insolent bishops , hath not a sharper enemy then ierom , for which cause he taketh often occasions most severely to inveigh against them , sometimes for a shewing disdain and contempt of the clergy under them ; sometimes for not a suffering themselves to be told of their faults , and admonished of their duty by inferiours ; sometime for not b admitting their presbyters to teach , if so be themselves were in presence ; sometimes for not vouc●●sasing to use any conference with them , or to take any counsel of them . howbeit never doth he , in such wise , bend himself against their disorders , as to deny their rule and authority over presbyters : of vigilantius being a presbyter he thus writeth , c miror sanctum episcopum in cujus parochia presbyter esse dicitur , acquiescere surori ejus , & non virga apostolica virgaque ferrea confringere vas inutile . i marvel that the holy bishop under whom vigilantius is said to be a presbyter , doth yield to his fury , and not break that unprofitable vessel with his apostolick and iron rod. with this agreeth most fitly the grave advice he giveth to d nepotian , be thou subject unto thy bishop , and receive him as the father of thy soul. this also i say , that bishops should know themselves to be priests , and not lords , that they ought to honour the clergy as becometh the clergy to be honoured , to the end their clergy may yield them the honour which , as bishops , they ought to have : that of the orator domitius is famous , wherefore should i esteem of thee as of a prince , when thou makest not of me that reckoning which should in reason be made of a senator ? let us know the bishop and his presbyters to be the same which aaron sometimes and his sons were . finally , writing against the hereticks which were name luciferians , the very safety of the church , saith he , dependeth on the dignity of the chief priest , to whom , unless men grant an exceeding and an eminent power , there will grow in churches even as many schisms as there are persons which have authority . touching chrysostom , to shew that by him there was also acknowledged a ruling superiority of bishops over presbyters , both then usual , and in no respect unlawful : what need we alledge his words and sentences , when the history of his own episcopal actions in that very kinde , is till this day extant for all men to read that will ? for st. chrysostom of a presbyter in antioch , grew to be afterwards bishop of constantinople , and in process of time when the emperors heavy displeasure had , through the practise of a powerful faction against him , effected his banishment ; innocent the bishop of rome understanding thereof wrote his letters unto the clergy of that church , that no successour ought to be chosen in chrysostom's room : nec ejus clerum alii parere pontisici , nor his clergy obey any other bishop than him . a fond kinde of speech if so be there had been , as then , in bishops no ruling superiority over presbyters . when two of chrysostom's presbyters had joyned themselves to the faction of his mortal enemy theophilus , patriarch in the church of alexandria ; the same theophilus and other bishops which were of his conventicle , having sent those two amongst others to cite chrysostom their lawful bishop , and to bring him into publick judgement , he taketh against this one thing special exception , as being contrary to all order , that those presbyters should come as messengers , and call him to judgment who were a part of that clergy , whereof himself was ruler and judge . so that bishops to have had in those times a ruling superiority over presbyters , neither could ierom nor chrysostom be ignorant ; and therefore , hereupon it were superfluous that we should any longer stand . vii . touching the next point , how bishops , together with presbyters have used to govern the churches which were under them : it is by zonaras somewhat plainly and at large declared , that the bishop had his seat on high in the church above the residue which were present ; that a number of presbyters did alwayes there assist him ; and that in the oversight of the poeple those presbyters were * after a sort the bishops coadjutors . the bishops and presbyters , who , together with him , governed the church , are , for the most part , by ignatius joyntly mentioned . in the epistle to them of trallis , he saith of presbyters , that they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , counsellors and assistants of the bishop , and concludeth in the end , he that should disobey these , were a plain athe●t , and an irreligious person , and one that did set christ himself and his own ordinances at nought . which orders making presbyters or priests the bishop's assistants doth not import that they were of equal authority with him , but rather so adjoyned that they also were subject , as hath been proved . in the writings of saint cyprian nothing is more usual , than to make mention of the colledge of presbyters subject unto the bishop ; although in handling the common affairs of the church they assisted him . but of all other places which open the antient order of episcopal presbyters , the most clear is that epistle of cyprian unto cernelius , concerning certain novatian heretiques , received again upon their conversion into the unity of the church : after that urbanus and sidonius , confessors , had come and signified unto our presbyters , that maximus , a consessor and presbyter , did , together with them , desire to return into the church , it seemed meet to hear from their own mouths and confessions that which by message they had delivered . when they were come , and had been called to account by the presbyters touching those things they had committed ; their answer was ; that they had been deceived ; and did request that such things as there they were charged with might be forgotten . it being brought unto me what was done , i took order that the presbytery might be assembled . there were also present five bishops , that , upon setled advice , it might be , with consent of all , determined what should be done about their persons . thus farr st. cyprian . wherein it may be , peradventure , demanded , whether he , and other bishops , did thus proceed with advice of their presbyters in all such publick affairs or the church , as being thereunto bound by ecclesiastical canons ; or else that they voluntarily so did , becuase they judged it in discretion as then most convenient . surely the words of cyprian are plain , that of his own accord he chose this way of proceeding . unto that , saith he , which donatus , and fortunatus , and novatus , and gordius our compresbyters have written , i could , by my self alone , make no answer , forasmuch as at the very first entrance into my bishoprick i resolutely determined not to do any thing of mine own private judgment , without your counsel , and the peoples consent . the reason whereof he rendreth in the same epistle , saying , when , by the grace of god , my self shall come unto you ( for st. cyprian was now in exile ) of things which either have been , or must to done , we will consider , sicut honor mutous poseit , as the law of courtesie which one doth owe to another of us , requireth . and at this very mark doth st. ierom evermore aim , in telling bishops , that presbyters were at the first their equals , that , in some churches , for a long time no bishop was made , but only such as the presbyters did chuse out amongst themselves , and therefore no cause why the bishop should disdain to consult with them , and in weighty affairs of the church to use their advice , sometime to countenance their own actions , or to repress the boldness of proud and insolent spirits , that which bishops had in themselves sufficient authority and power to have done , notwithstanding they would not do alone , but craved therein the aid and assistance of other bishops , as in the case of those novatian hereticks , before alledged , cyprian himself did . and in cyprian we finde of others the like practise . ragatian , a bishop , having been used contumelously by a deacon of his own church , wrote thereof his complaint unto cyprian and other bishops . in which case their answer was , that although , in his own cause , he did of humility rather shew his grievance , than himself take revenge , which , by the rigor of his apostolical office , and the authority of his chair , he might have presently done , without any further delay : yet if the party should do again , as before their judgements were , fungaris circa ●um potestate honoris tui , & cum vel deponas vel abstineas : use on him that power which the honour of thy place giveth thee , either to depose him , or exclude him from access unto holy things . the bishop , for his assistance and ease , had under him , to guide and direct deacons in their charge , his archdeacon , so termed in respect of care over deacons , albeit himself were not deacon but presbyter ; for the guidance of presbyters in their function , the bishop had likewise under him one of the self-same order with them , but above them an authority , one whom the antients termed usually an * arch-presbyter , weat this day name him dean . for , most certain truth it is , that churches-cathedral , and the bishops of them are as glasses , wherein the face and very countenance of apostolical antiquity remaineth even as yet to be seen , notwithstanding the alterations which tract of time , and the course of the world hath brought . for defence and maintenance of them we are most earnestly bound to strive , even as the jews were for their temple , and the high-priest of god therein : the overthrow and ruine of the one , if ever the sacrilegious avarice of atheists should prevail so farr , which god of his infinite mercy forbid , ought no otherwise to move us than the people of god were moved , when having beheld the sack and combustion of his sanctuary in most lamentable manner flaming before their eyes , they uttered from the bottom of their grieved spirits those voyces of doleful supplication , exsurge domine & miserearis sion , serve tui diligunt lapides ejus , pulver is ejus miseret cos . viii . how farr the power which bishops had did reach , what number of persons was subject unto them at the first , and how large their territories were , it is not for the question we have in hand , a thing very greatly material to know : for if we prove that bishops have lawfully of old ruled over other ministers , it is enough , how few soever those ministers have been , how small soever the circuit of place which hath contained them . yet hereof somewhat , to the end we may so farr forth illustrate church-antiquities ; a law imperial there is , which sheweth that there was great care had to provide for every christian city bi●hop as near as might be , and that each city had some territory belonging unto it , which territory was also under the bishop of the same city ; that , because it was not universally thus , but in some countrys , one bishop had subject unto him many cities and their territories ; the law which provided for establishment of the other orders , should not prejudice those churches wherein this contrary custom had before prevailed . unto the bishop of every such city , not only the presbyters of the same city , but also of the territory thereunto belonging , were from the first beginning subject . for we must note that when as yet there were in cities no parish churches , but only colledges of presbyters under their bis●ops regiment , yet smaller congregations and churches there were even then abroad , in which churches there was but some one only presbyter to perform amongst them divine duties . towns and villages abroad receiving the faith of christ from cities whereunto they were adjacent , did as spiritual and heavenly colonies by their subjection , honour those antient mother churches , out of which they grew . and in the christian cities themselves , when the mighty increase of believers made it necessary to have them divided into certain several companies , and over every of those companies one only pastor to be appointed for the ministry of holy things ; between the first , and the rest after it , there could not be but a natural inequality , even as between the temple and synagogues in ierusalem . the clergy of cities were termed urbici , to shew a difference between them and the clergies of townes , of villages , of castles abroad . and how many soever these parishes or congregations were in number , which did depend on any one principal city-church , unto the bishop of that one church , they , and their several sole presbyters were all subject . for , if so be , as some imagine , every petty congregation or hamlet had had his own particular bishop , what sense could there be in those words of ierom , concerning castles , villages , and other places abroad , which having onely presbyters , to teach them , and to minister unto them the sacraments , were resorted unto by bishops for the administration of that wherewith their presbyters were not licensed to meddle . to note a difference of that one church where the bishop hath his seat , and the rest which depend upon it , that one hath usually been termed cathedral , according to the same sense wherein ignatius , speaking of the church of antioch , termeth it his throne : and cyprian making mention of euarist●s who had been bishop and was now depo●ed , termeth him . cathedrae ext●rrem , one that was thrust besides his chair . the church where the bishop is set with his colledge of presbyters about him , we call a see ; the local compass of his authority we term a diocess . unto a bishop within the compass of his own , both see and diocess , it hath , by right of his place , evermore appertained * to ordain presbyters ; to make deacons , and with judgement , to dispose of all things of weight . the apostle st. paul had episcopal authority , but so at large , that we cannot assign unto him any one certain diocess . his a positive orders and constitutions , churches every where did obey . yea , a charge and care , saith he , i b have even of all the churches . the walks of titus and timothy was limited within the bounds of a narrow precinct . as for other bishops , that which chrysostom hath concerning them , if they be evil , could not po●●ibly agre● unto them , unless their authority had reached farther than to some one only congregation . the danger being so great , at it is , to him that scandalizeth one soul , what shall he , saith chrisostom , speaking of a bishop , what shall he deserve , by whom so many souls , yea , even whole cities and peoples , men , women , and children , citizens , peasants , inhabitants , both of his own city , and of other towns subject unto it , are offended ? a thing so unusual it was for a bishop not to have ample jurisdiction , that theophilus , patriark of alexandria , for making one a bishop of a small town , is noted a proud despiser of the commendable orders of the church with this censure , such novelties theophilus presumed every where to begin , taking upon him , as it had been , another moses . whereby is discovered also their errour , who think , that such as in ecclesi●stical writings they finde termed chorepiscopos , were the same in the country , which the bishop was in the city : whereas the old chorepiscopi are they , that were appointed of the bishops to have , as his vicegerents , some over-sight of those churches abroad , which were subject unto his see : in which churches they had also power to make sub-deacons , readers , and such like petty church-officers . with which power so st●nted , they not contenting themselves , but adventuring at the length , to or●●in even deacons and presbyters also , as the bishop himself did , their presumption herein was controlled and stayed by the antient edict of councils . for example , that of antioch , it hath seemed good to the holy synod that such in towns and countrys as are called chorepiscopi do know their limits , and govern the churches under them , contenting themselves with the charge thereof , and with authority to make readers , sub-deacons , exorcists , and to be leaders or guiders of them , but not to meddle with the ordination either of a presbyter or of a deacon , without the bishop of that city , whereunto the chorepiscopus , and his territory also , is subject . the same synod appointeth likewise that those chorepiscopi shall be made by none but the bishop of that city ; under which they are . much might hereunto be added , if it were further needful to prove , that the local compass of a bishop's authority and power was never so straightly lifted , as some men would have the world to imagine . but to go forward ; degrees of these are , and have been of old , even amongst bishops also themselves : one sort of bishops being superiours unto presbyters only , another sort having preheminence also above bishops . it cometh here to be considered in what respect inequality of bishops was thought , at the first , a thing expedient for the church , and what odds there hath been between them , by how much the power of one hath been larger , higher , and greater then of another . touching the causes for which it hath been este●med meet , that bishops themselves should not every way be equals ; they are the same for which the wisdom both of god and man , hath evermore approved it as most requisite , that where many governours must of necessity concurr , for the ordering of the same affairs , of what nature soever they be , one should have some kinde of sway or stroke more than all the residue . for where number is , there must be order , or else of force there will be confusion . let there be divers agents , of whom each hath his private inducements , with resolute pu●pose to follow them , ( as each may have ; ) unless in this case some had preheminence above the rest , a chance it were , if ever any thing should be either began , proceeded in , or brought unto any conclusion by them ; deliberations and counsels would seldom go forward , their meetings would alwayes be in danger to break up with jarrs and contradictions . in an army a number of captains , all of equal power , without some higher to over-sway them ; what good would they do ? in all nations where a number are to draw any one way , there must be some one principal mover . let the practise of our very adversaries themselves herein be considere● ; are the presbyters able to determine of church-affairs , unless their pastors do strike the chiefest stroke and have power above the rest ? can their pastoral synod do any thing , unless they have some president amongst them ? in synods , they are forced to give one pastor preheminence and superiority above the rest . but they answer , that he , who being a pastor according to the order of their discipline , is , for the time , some little deal mightier than his brethren , doth not continue so longer than only during the synod . which answer serveth not to help them out of the bryars : for , by their practise , they confirm our principle , touching the necessity of one man's preheminence wheresoever a concurrency of many is required unto any one solemn action ; this nature teacheth , and this they cannot chuse but acknowledge . as for the change of his person to whom they give this preheminence , if they think it expedient to make for every synod a new superiour , there is no law of god which bindeth them so to do , neither any that telleth them , that they might suffer one and the same man being made president , even to continue so during life ; and to leave his preheminence unto his successours after him , as , by the antient order of the church , archbishops , presidents amongst bishops , have used to do . the ground therefore of their preheminence above bishops , is the necessity of often concurrency of many bishops about the publick affairs of the church , as consecrations of bishops , consultations of remedy of general disorders , audience judicial , when the actions of any bishop should be called in question , or appeals are made from his sentence by such as think themselves wronged . these , and the like affairs usually requiring , that many bishops should orderly assemble , begin , and conclude somewhat ; it hath seemed , in the eyes of reverend antiquity , a thing most requisite , that the church should not only have bishops , but , even amongst bishops , some to be in authority chiefest . unto which purpose , the very state of the whole world , immediately before christianity took place , doth seem , by the special providence of god to have been prepared : for we must know , that the countrys where the gospel was first planted , were , for the most part , subject to the roman empire . the romans use was commonly , when , by warr they had subdued foreign nations , to make them provinces , that is , to place over them roman governors , such as might order them according to the laws and customs of rome . and , to the end that all things might be the more easily and orderly done , a whole country being divided into sundry parts , there was in each part some one city , whereinto they about did resort for justice . every such part was termed a a diocess . howbeit , the name diocess is sometime so generally taken , that it containeth not only mo such parts of a province , but even moe provinces also than one ; as , the diocess of asia contained eight ; the diocess of africa seven . touching diocesses according unto a stricter sense , whereby they are taken for a part of a province , the words of livy do plainly shew , what orders the romans did observe in them . for at what time they had brought the macedonians into subjection , the roman governor , by order from the senat of rome , gave charge that macedonia should be divided into four regions or diocesses . capita regionum ubi concilia fierent primae sedis amphipolim , secundae thessalonicen , tertiae pellam , quartae pelagoniam fecit . eo , concilia sua cujusque regionis indici , pecuniam conferri , ibi magistratus creari jussit . this being before the dayes of the emperors , by their appointment thessalonica was afterwards the chiefest , and in it the highest governor of macedonia had his seat : whereupon the other three dioceses were in that respect inferiour unto it , as daughters unto a mother city ; for not unto every town of justice was that title given , but was peculiar unto those cities wherein principal courts were kept . thus in macedonia , the mother city was thessalonica : in asia , b ephesus ; in africa , carthage ; for so c iustinian in his time made it . the governors , officers , and inhabitants of those mother-cities were termed for difference-sake metropolites , that is to say , mother-city-men ; than which , nothing could possibly have been devised more fit to suit with the nature of that form of spiritual regiment , under which afterwards the church should live . wherefore if the prophet saw cause to acknowledge unto the lord , that the light of his gracious providence did shine no where more apparently to the eye , than in preparing the land of canaan to be a receptacle for that church which was of old , d thou hast brought a vine out of egypt , thou hast cast out the heathen and planted it , thou madest room for it , and when it had taken root it filled the land. how much more ought we to wonder at the handy-work of almighty god , who , to settle the kingdom of his dear son , did not cast out any one people , but directed in such sort the politick councils of them who ruled farr and wide overall , that they throughout all nations , people , and countries upon earth , should unwittingly prepare the field wherein the vine which god did intend , that is to say , the church of his dearly beloved son , was to take root . for unto nothing else can we attribute it , saving only unto the very incomprehensible force of divine providence , that the world was in so marvellous sit sort divided , levelled , and laid out before hand ? whose work could it be but his alone to make such provision for the direct implantation of his church ? wherefore inequality of bishops being found a thing convenient for the church of god , in such consideration as hath been shewed ; when it came secondly in question , which bishops should be higher and which lower , it seemed herein not to the civil monarch only , but to the most , expedient that the dignity and celebrity of mother-cities should be respected . they which dream , that , if civil authority had not given such preheminence unto one city more than another , there had never grown an inequality among bishops , are deceived ; superiority of one bishop over another would be requisite in the church , although that civil distinction were abolished ; other causes having made it necessary , even amongst bishops , to have some in degree higher than the rest , the civil dignity of place was considered only as a reason wherefore this bishop should be preferred before that : which deliberation had been likely enough to have raised no small trouble , but that such was the circumstance of place , as being followed in that choyce , besides the manifest conveniency thereof , took away all show of partiality , prevented secret emulations , and gave no man occasion to think his person disgraced in that another was preferred before him . thus we see upon what occasion metropolitan bishops became archbishops . now , while the whole christian world , in a manner , still continued under one civil government , there being oftentimes within some one more large territory , divers and sundry mother-churches , the metropolitans whereof were archbishops , as for order's sake , it grew hereupon expedient , there should be a difference also amongst them ; so no way seemed , in those times , more fit , than to give preheminence unto them whose metropolitan sees were of special desert or dignity : for which cause these , as being bishops in the chiefest mother-churches were termed primates , and , at the length , by way of excellency , patriarks . for , ignorant we are not , how sometimes the title of patriark is generally given to all metropolitan bishops . they are mightily therefore to blame which are so bold and confident , as to affirm , that , for the space of above four hundred and thirty years after christ , all metropolitan bishops were in every respect equals , till the second council of constantinople exalted certain metropolitans above the rest . true it is , they were equals as touching the exercise of spiritual power within their dioceses , when they dealt with their own flock . for what is it that one of them might do within the compass of his own precinct , but another within his might do the same ? but that there was no subordination at all , of one of them unto another ; that when they all , or sundry of them , were to deal in the same causes , there was no difference of first and second in degree , no distinction of higher and lower in authority acknowledged amongst them , is most untrue . the great council of nice , was after our saviour christ but three hundred twenty four years , and in that council , certain metropolitans are said even then to have had antient preheminence and dignity above the rest , namely , the primate of alexandria , of rome , and of antioch . threescore years after this , there were synods under the emperour theodosius , which synod was the first at constantinople , whereat one hundred and fifty bishops were assembled : at which council it was decreed , that the bishop of constantinople should not only be added unto the forme : primates , but also that his place should be second amongst them , the next to the bishop of rome in dignity . the same decree again renewed concerning constantinople , and the reason thereof laid open in the council of chalcedon . at the length came that second of constantinople , whereat were six hundred and thirty bishops for a third confirmation thereof . laws imperial there are likewise extant to the same effect . herewith the bishop of constantinople being over-much puffed up , not only could not endure that see to be in estimation higher , whereunto his own had preferment to be the next , but he challenged more than ever any christian bishop in the world before either had , or with reason could have . what he challenged , and was therein as then refused by the bishop of rome ; the same , the bishop of rome in process of time obtained for himself , and having gotten it by bad means , hath both up-held and augmented it , and upholdeth it by acts and practises much worse . but primates , according to their first institution , were all in relation unto archbishops , the same by prerogative , which archbishops were , being compared unto bishops . before the council of nice , albeit there were both metropolitans and primates , yet could not this be a means forcible enough to procure the peace of the church ; but all things were wonderful tumultuous and troublesome , by reason of one special practise common unto the heretiques of those times , which was , that when they had been condemned and cast out of the church by the sentence of their own bishops , they , contrary to the antient received orders of the church , had a custom to wander up and down , and to insinuate themselves into favour where they were not known ; imagining themselves to be safe enough , and not to be clean cut off from the body of the church , if they could any where finde a bishop which was content to communicate with them : whereupon ensued , as in that case there needs must , every day quarrels and jarrs unappeasable amongst bishops . the nicene council , for redress hereof , considered the bounds of every archbishop's ecclesiastical jurisdictions , what they had been in former times ; and accordingly appointed unto each grand part of the christian world some one primate , from whose judgement no man living within his territory might appeal , unless it were to a council general of all bishops . the drift and purport of which order was , that neither any man opprest by his own particular bishop might be destitute of a remedy , through appeal unto the more indifferent sentence of some other ordinary judge , not yet every man be lest at such liberty as before , to shift himself out of their hands ; for whom it was most meet to have the hearing and determining of his cause . the evil , for remedy whereof this order was taken , annoyed at that present , especially the church of alexandria in egypt , where arianism begun . for which cause the state of that church is in the nicene canons concerning this matter mentioned before the rest . the words of their sacred edict are these , let those customs remain in force , which have been of old the customs of egypt and libya , and pentapolis ; by which customs the bishop of alexandria hath authority over all these ; the rather , for that this hath also been the use of the bishop of rome , yea , the same hath been kept in antioch , and in other provinces . now , because the custom likewise had been , that great honour should be done to the bishop of alia or ierusalem ; therefore , lest their decree concerning the primate of antioch , should any whit prejudice the dignity and honour of that see , special provision is made , that although it were inferior in degree , not only unto antioch the chief of the east , but even unto cesaria too ; yet such preheminence it should retain as belonged to a mother-city , and enjoy whatsoever special prerogative or priviledge it had besides . let men therefore hereby judge of what continuance this order which upholdeth degrees of bishops must needs have been , when a general council of three hundred and eighteen bishops , living themselves within three hundred years after christ , doth reverence the same for antiquity's sake , as a thing which had been even then of old observed in the most renowned parts of the christian world. wherefore needless altogether are those vain and wanton demands , no mention of an archbishop in theophilus bishop of antioch ? none in ignatius ? none in clemens of alexandria ? none in iustin martyr , ireneus , tertullian , cyprian ? none in all those old historiographers , out of which eusebius gathereth his story ? none till the time of the council of nice three hundred and twenty years after christ ? as if the mention , which is thereof made in that very council , where so many bishops acknowledge archiepiscopal dignity even then antient , were not of farr more weight and value , than if every of those fathers had written large discourses thereof . but what is it which they will blush at , who dare so confidently set it down , that in the councel of nice some bishops being termed metropolitans , no more difference is thereby meant to have been between one bishop and another , than is shewed between one minister and another , when we say such a one is a minister in the city of london , and such a one a minister in the town of newington . so that , to be termed a metropolitan bishop did , in their conceit , import no more preheminence above other bishops , than we mean , that a girdler hath over others of the same trade , if we term him which doth inhabit some mother-city for difference-sake a metropolitan girdler . but the truth is too manifest to be eluded ; a bishop at that time had power in his own diocess over all other ministers there , and a metropolitan bishop sundry preheminences above other bishops , one of which preheminences was , in the ordination of bishops , to have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the chief power of ordering all things done . which preheminence that council it self doth mention , as also a greater belonging unto the patriark or primate of alexandria , concerning whom , it is there likewise said , that to him did belong 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , authority and power over all egypt , pentapolis , and libya : within which compass sundry metropolitan sees to have been , there is no man ignorant , which in those antiquities have any knowledge . certain prerogatives there are wherein metropolitans excelled other bishops , certain also wherein primates excelled other metropolitans . archiepiscopal or metropolitan prerogatives are those mentioned in the old imperial constitutions , to a convocate the holy bishops under them , within the compass of their own provinces , when need required their meeting together for inquisition and redress of publick disorders ; b to grant unto bishops under them , leave and faculty of absence from their own dioceses , when it seemed necessary that they should otherwhere converse for some reasonable while ; c to give notice unto bishops under them , of things commanded by supream authority ; d to have the hearing and first determining of such causes as any man had against a bishop ; e to receive the appeals of the inferiour clergy , in case they found themselves over-born by the bishop , their immediate judge . and , lest haply it should be imagined , that canons ecclesiastical we want to make the self-same thing manifest : in the council of antioch it was thus decreed , f the bishop in every province must know , that he which is bishop in the mother-city , hath not only charge of his own parish or diocess , but even of the whole province also . again , it hath seemed good , that other bishops , without him , should do nothing more than only that which concerneth each one's parish , and the places underneath it . further , by the self-same council all councils provincial are reckoned void and frustrate , unless the bishop of the mother-city within that province , where such councils should be , were present at them . so that the want of his presence , and , in canons for church-government , want of his approbation also , did disannul them . not so the want of any others . finally , concerning election of bishops , the council of nice hath this general rule , that the chief ordering of all things here , is in every province committed to the metropolitan . touching them , who , amongst metropolitan , were also primates , and had of sundry united provinces , the chiefest metropolitan see , of such that canon , in the council of carthage , was eminent , whereby a bishop is forbidden to go beyond seas , without the license of the highest chair within the same bishop's own country ; and of such which beareth the name of apostolical , is that antient canon likewise , which chargeth the bishops of each nation to know him which is first amongst them , and to esteem of him as an head , and to do no extraordinary thing but with his leave . the chief primates of the christian world , were the bishop of rome , alexandria , and antioch . to whom the bishop of constantinople , being afterwards added , saint chrysostom the bishop of that see , is in that respect said , to have had the care and charge● not only of the city of constantinople , sed etiam totius thracia que sex praefecturis est divisa , & asiaetolius quae ab undecim praesidebus regitur . the rest of the east was under antioch , the south under alexandria , and the west under rome . whereas therefore iohn the bishop of ierusalem being noted of heresie , had written an apology for himself unto the bishop of alexandria , named theophilus ; saint ierom reproveth his breach of the order of the church herein , saying , tu qui regular quaris ecclesiasticas , & nicend concilii canonibus uteris , responde mihi , ad alexandrinum episcopum palastina quid pertinet ? nifallor , hoc ibi deçernitur at palaeslinae metropolie casarea sit , & totius orientis antiochia . aut igitur ad caesariensem episcopuna referre debueras , aut siprocul expetendum judiciam erat , antiochiam potius litera dirigenda . thus much concerning that local compass which was antiently set out to bishops ; within the bounds and limits whereof we finde , that they did accordingly exercise that episcopal authority and power which they had over the church of christ. ix . the first whom we read to have bent themselves against the superiority of bishops , were aerius and his followers . aerius seeking to be made a bishop , could not brook that eustathius was thereunto preferred before him . whereas therefore he saw himself unable to rise to that greatness which his ambitious pride did affect , his way of revenge was , to try what wit being sharpned with envy and malice could do , in raising a new seditious opinion , that the superiority which bishops had , was a thing which they should not have ; that a bishop might not ordain ; and that a bishop ought not any way to be distinguished from a presbyter : for so doth st. augustin deliver the opinion of aerius : epiphanius not so plainly , nor so directly , but after a more rhetorical sort . his speech was rather furious than convenient for man to use , what is , saith he , a bishop more than a presbyter ? the one doth differ from the other nothing . for their order as one , their honour one , one their dignity . a bishop imposeth his hands , so doth a presbyter . a bishop baptizeth , the like doth a presbyter . the bishop is a minister of divine service , a presbyter is the same . the bishop sitteth as a iudge in a throne , even the presbyter fitteth also . a presbyter therefore doing thus far the self-same thing which a bishop did , it was by aerius inforced , that they ought not in any thing to differ . are we to think aerius had wrong in being judged an heretick for holding this opinion ? surely if heresie be an error , falsely fathered upon scriptures , but indeed repugnant to the truth of the word of god , and by the consent of the universal church , in the councils ; or in her contrary uniform practice throughout the whole world , declared to be such , and the opinion of aerius in this point be a plain error of that nature , there is no remedy ; but aerius so schismatically , and stifly maintaining it , must even stand where epiphanius and augustin have placed him . an error repugnant unto the truth of the word of god is held by them whosoever they be , that stand in defence of any conclusion drawn erroneously out of scripture , and untruely thereon fathered . the opinion of aerius therefore being falsely collected out of scripture , must needs be acknowledged an error repugnant unto the truth of the word of god. his opinion was , that there ought not to be any difference between a bishop and a presbyter . his grounds and reasons for this opinion , were sentences of scripture . under pretence of which sentences , whereby it seemed that bishops and presbyters at the first did not differ , it was concluded by aerius , that the church did ill in permitting any difference to be made . the answer which epiphanius maketh unto some part of the proofs by aerius alleged , was not greatly studied or labored ; for through a contempt of so base an error , for this himself did perceive and profess , yieldeth he thereof expresly this reason ; men that have wit do evidently see , that all this is meer foolishness . but how vain and ridiculous soever his opinion seemed unto wise men ; with it aerius deceived many , for which cause somewhat was convenient to be said against it . and in that very extemporal slightness which epiphanius there useth , albeit the answer made to aerius be a in part but raw , yet ought not hereby the truth to finde any less favour than in other causes it doth , where we do not therefore judge heresie to have the better , because now and then it alledgeth that for it self , which defenders of truth do not always so fully answer . let it therefore suffice , that aerius did bring nothing unanswerable . the weak solutions which the one doth give , are to us no prejudice against the cause , as long as the others oppositions are of no greater strength and validity . did not aerius , trow you , deserve to be esteemed as a new apollos , mighty and powerful in the word , which could for maintenance of his cause , bring forth so plain divine authorities , to prove by the apostles own writings , that bishops ought not in any thing to differ from other presbyters ? for example , where it is said that presbyters made timothy bishop , is it not clear , that a bishop should not differ from a presbyter , by having power of ordination ? again , if a bishop might by order be distinguished from a presbyter , would the apostle have given , b as he doth unto presbyters , the title of bishops ? these were the invincible demonstrations wherewith aerius did so fiercely assault bishops . but the sentence of aerius perhaps was only , that the difference between a bishop and a presbyter , hath grown by the order and custom of the church , the word of god not appointing that any such difference should be . well , let aerius then finde the favour to have his sentence so construed ; yet his fault in condemning the order of the church , his not submitting himself unto that order , the schism which he caused in the church about it , who can excuse ? no , the truth is , that these things did even necessarily ensue , by force of the very opinion which he and his followers did hold . his conclusion was , that there ought to be no difference between a presbyter and a bishop . his proofs , those scripture-sentences which make mention of bishops and presbyters , without any such distinction or difference . so that if between his conclusion and the proofs whereby he laboured to strengthen the same , there be any shew of coherence at all , we must of necessity confess , that when aerius did plead , there is by the word of god no difference between a presbyter , and a bishop ; his meaning was , not only that the word of god it self appointeth nor , but that it enforceth on us the duty of not appointing , nor allowing , that any such difference should be made . x. and of the self-same minde are the enemies of government by bishops , even at this present day . they hold , as aerius did , that if christ and his apostles were obeyed , a bishop should not be permitted to ordain : that between a presbyter and a bishop the word of god alloweth not any inequality or difference to be made ; that their order , their authority , their power ought to be one ; that it is but by usurpation and corruption , that the one sort are suffered to have rule of the other , or to be any way superiour unto them . which opinion having now so many defenders , shall never be able while the world doth stand , to finde in some , believing antiquity , as much as one which hath given it countenance , or born any friendly affection towards it . touching these men therefore , whose desire is to have all equal , three ways there are , whereby they usually oppugn the received order of the church of christ. first , by disgracing the inequality of pastors , as a new and meer human invention , a thing which was never drawn our of scripture , where all pastors are found ( they say ) to have one and the same power , both of order and jurisdiction . secondly , by gathering together the differences between that power which we give to bishops , and that which was given them of old in the church : so that , albeit even the antient took more than was warrantable , yet so farr they swerved not as ours have done . thirdly , by endeavouring to prove , that the scripture directly forbiddeth , and that the judgement of the wisest , the holyest , the best in all ages , condemneth utterly the inequality which we allow . xi . that inequality of pastors is a meer humane invention , a thing not found in the word of god , they prove thus : . all the places of scripture where the word bishop is used , or any other derived of that name , signifie an oversight in respect of some particular congregation only , and never in regard of pastors committed unto his oversight . for which cause the names of bishops , and presbyters , or pastoral elders , are used indifferently , to signifie one and the self-same thing . which so indifferent and common use of these words , for one and the self-same office , so constantly and perpetually in all places , declareth , that the word bishop in the apostles writing , importeth not a pastor of higher power and authoritie over other pastors . . all pastors are called to their office by the same means of proceeding ; the scripture maketh no difference in the manner of their tryal , election , ordination : which proveth their office and power to be by scripture all one . . the apostles were all of equal power , and all pastors do alike succeed the apostles in their ministery and power , the commission and authority whereby they succeed , bring in scripture but one and the same that was committed to the apostles , without any difference of committing to one pastor more , or to another less . . the power of the censures and keyes of the church , and of ordaining and ordering ministers ( in which two points especially this superiority is challenged ) is not committed to any one pastor of the church , more than to another , but the same is committed as a thing to be carried equally in the guidance of the church . whereby it appeareth , that scripture maketh all pastors , not only in the ministery of the word and sacraments , but also in all ecclesiastical iurisdiction and authority , equal . . the council of nice doth attribute this difference , not unto any ordination of god , but to an antient custom used in former times , which judgement is also followed afterward by other councils , concil , antioch . cap. . . upon these premises , their summary collection and conclusion is , that the ministery of the gospel , and the functions thereof , ought to be from heaven and of god , joh. i. . that if they be of god , and from heaven , then are they set down in the word of god ; that if they be not in the word of god ( as by the premises it doth appear ( they say ) that our kinds of bishops are not ) it followeth , they are invented by the brain of men , and are of the earth and that consequently they can do no good in the church of christ but harm . our answer hereunto is , first , that their proofs are unavailable to shew , that scripture affordeth no evidence for the inequality of pastors . secondly , that , albeit the scripture did no way insinuate the same to be god's ordinance , and the apostles to have brought it in , albeit the church were acknowledged by all men to have been the first beginner thereof , a long time after the apostles were gone ; yet is not the authority of bishops hereby disannulled , it is not hereby proved unfit , or unprofitable for the church . . that the word of god doth acknowledge no inequality of power amongst pastors of the church , neither doth it appear by the signification of this word bishop , nor by the indifferent use thereof . for , concerning signification , first it is clearly untrue , that no other thing is thereby signified , but only an oversight in respect of a particular church and congregation . for , i beseech you , of what parish , or particular congregation was matthias bishop ? his office scripture doth term episcopal : which being no other than was common unto all the apostles of christ ; forasmuch as in that number there is not any to whom the oversight of many pastors did not belong , by force and vertue of that office ; it followeth , that the very word doth sometimes , even in scripture , signifie oversight , such as includeth charge over pastors themselves . and if we look to the use of the word , being applyed with reference unto some one church , as ephesus , philippi , and such like , albeit the guides of those churches be interchangeably in scripture termed sometime bishops , sometime presbyters , to signifie men having oversight and charge , without relation at all unto other than the , christian laity alone , yet this doth not hinder , but that scripture may in some place have other names , whereby certain of those presbyters or bishops , are noted to have the oversight and charge of pastors , as out of all peradventure they had , whom st. iohn doth intitle angels . . as for those things which the apostle hath set down concerning tryal , election , and ordination of pastors , that he maketh no difference in the manner of their calling , this also is but a silly argument to prove their office and their power equal by the scripture . the form of admitting each sort unto their offices , needed no particular instruction : there was no fear , but that such matters of course would easily enough be observed . the apostle therefore toucheth those things wherein judgement , wisdom , and conscience is required , he carefully admonisheth of what quality ecclesiastical persons should be , that their dealing might not be scandalous in the church . and forasmuch as those things are general , we see that of deacons there are delivered , in a manner , the self-same precepts , which are given concerning pastors , so farr as concerneth their tryal , election , and ordination . yet who doth hereby collect , that scripture maketh deacons and pastors equal ? if notwithstanding it be yet demanded , wherefore he which teatcheth what kinde of persons deacons and presbyters should be , hath nothing in particular about the quality of chief presbyters , whom we call bishops ? i answer briefly , that there it was no fit place for any such discourse to be made , inasmuch as the apostle wrote unto timothy and titus , who having by commission episcopal authority , were to exercise the same in ordaining , not bishops ( the apostles themselves yet living , and retaining that power in their own hands ) but presbyters , such as the apostles at the first did create throughout all churches . bishops by restraint ( only iames at ierusalem excepted ) were not yet in being . . about equality amongst the apostles , there is by us no controversie moved . if in the rooms of the apostles , which were of equal authority , all pastors do by scripture succeed alike , where shall we finde a commission in scripture which they speak of , which appointed all to succeed in the self-same equality of power , except that commission which doth authorize to preach and baptise , should be alledged , which maketh nothing to the purpose ; for in such things , all pastors are still equal : we must , i fear me , wait very long before any other will be shewed . for howsoever the apostles were equals amongst themselves , all other pastors were not equals with the apostles while they lived , neither are they any where appointed to be afterward each others equals . apostles had , as we know , authority over all such as were no apostles ; by force of which their authority , they might both command and judge . it was for the singular good and benefit of those disciples whom christ left behinde him , and of the pastors which were afterwards chosen ; for the great good , i say , of all sorts , that the apostles were in power above them . every day brought forth somewhat wherein they saw by experience , how much it stood them in stead to be under controulment of those superiours and higher governours of gods house . was it a thing so behoveful , that pastors should be subject unto pastors in the apostles own times ? and is there any commandment that this subjection should cease with them ? and that the pastors of the succeeding ages should be all equals ? no , no , this strange and absurd conceit of equality amongst pastors ( the mother of schism , and of confusion ) is but a dream newly brought forth , and seen never in the church before . . power of censure and ordination appeareth even by scripture marvellous probable , to have been derived from christ to his church , without this surmised equality in them to whom he hath committed the same . for i would know , whether timothy and titus were commanded by saint paul to do any thing , more than christ hath authorized pastors to do ; and to the one it is scripture which saith , against a presbyter receive thou no accusation , saving under two or three witnesses : scripture which likewise hath said to the other , for this very cause left i thee in crete , that thou shouldst redress the things that remain , and shouldst ordain presbyters in every city , as i appointed thee . in the former place the power of censure is spoken of , and the power of ordination in the latter . will they say that every pastor there was equal to timothy , and titus in these things ? if they do , the apostle himself is against it , who saith , that , of their two very persons , he had made choyse , and appointed in those places them , for performances of those duties , whereas , if the same had belonged unto others , no less than to them , and not principally unto them above others , it had been fit for the apostle accordingly to have directed his letters concerning these things in general unto them all which had equal interest in them ; even as it had been likewise fit to have written those epistles in saint iohn's revelation , unto whole ecclesiastical senates , rather than only unto the angels of each church , had not some one been above the rest in authority , to order the affairs of the church . scripture therefore doth most probably make for the inequality of pastors , even in all ecclesiastical affairs , and by very express mention , as well in censures as ordinations . . in the nicene council there are consumed certain prerogatives and dignities belonging unto primates or archbishops , and of them it is said , that the antient custom of the church , had been to give them such preheminence , but no syllable whereby any man should conjecture , that those fathers did not honor the superiority which bishops had over other pastors , only upon antient custom , and not as a true apostolical heavenly and divine ordinance . . now , although we should leave the general received perswasion , held from the first beginning , that the apostles themselves left bishops invested with power above other pastors ; although i say , we should give over this opinion , and imbrace that other conjecture , which so many have thought good to follow , and which my self did sometimes judge a great deal more probable than now i do , meerly that after the apostles were deceased , churches did agree amongst themselves , for preservation of peace and order , to make one presbyter in each city , chief over the rest , and to translate into him that power , by force and vertue whereof the apostles , while they were alive , did preserve and uphold order in the church , exercising spiritual jurisdiction , partly by themselves , and partly by evangelists , because they could not always every where themselves be present : this order taken by the church it self ( for so let us suppose , that the apostles did neither by word nor deed appoint it ) were notwithstanding more warrantable , than that it should give place and be abrogated , because the ministry of the gospel , and the functions thereof , ought to be from heaven . there came chief priests and elders unto our saviour christ as he was teaching in the temple , and the question which they moved unto him was this , by what authority dost thou these things , and who gave thee this authority ? their question he repelled with a counter-demand , the baptism of john whence was it , from heaven , or of men ? hereat they paused , secretly disputing within themselves , if we shall say from heaven , he will ask , wherefore did ye not then believe him ? and if we say of men , we fear the people , for all hold iohn a prophet . what is it now which hereupon these men would infer ? that all-functions ecclesiastical , ought in such sort to be from heaven , as the function of iohn was i no such matter here contained . nay , doth not the contrary rather appear most plainly by that which is here set down ? for when our saviour doth ask concerning the baptism , that is to say , the whole spiritual function of iohn , whether it were from heaven or of men , he giveth clearly to understand that men give authority unto some , and some god himself from heaven doth authorize . nor is it said , or in any sort signified , that none have lawful authority which have it not in such manner as iohn , from heaven . again , when the priests and elders were loth to say , that iohn had his calling from men , the reason was not because they thought that so iohn should not have had any good or lawful calling , but because they saw , that by this means they should somewhat embase the calling of iohn , whom all men knew to have been sent from god , according to the manner of prophets , by a meer celestial vocation . so that out of the evidence here alledged , these things we may directly conclude , first , that who so doth exercise any kinde of function in the church , he cannot lawfully so do , except authority be given him ; secondly , that if authority be not given him from men , as the authority of teaching was given unto scribes and pharisees , it must be given him from heaven , as authority was given unto christ , elias , iohn baptist , and the prophets . for these two only wayes there are to have authority . but a strange conclusion it is , god himself did from heaven authorize iohn to bear witness of the light , to prepare a way for the promised messiah , to publish the nearness of the kingdom of god , to preach repentance , and to baptise ( for by this part which was in the function of iohn most noted , all the rest are together signified ; ) therefore the church of god hath no power upon new occurences to appoint , to ordain an ecclesiastical function , as moses did upon iethroe's advice devise a civil . all things we grant which are in the church ought to be of god. but , for as much as they may be two wayes accounted such : one , if they be of his own institution , and not of ours ; another if they be of ours , and yet with his approbation , this latter way there is no impediment , but that the same thing which is of men , may be also justly and truly said to be of god , the same thing from heaven which is from earth . of all good things god himself is author , and consequently an approver of them . the rule to discern when the actions of men are good , when they are such as they ought to be , is more ample and large than the law which god hath set particular down in his holy word , the scripture is but a part of that rule as hath been heretofore at large declared . if therefore all things be of god which are well done ; and if all things be well done , which are according unto the rule of well doing ; and if the rule of well-doing be more ample than the scripture ; what necessity is there , that every thing which is of god , should be set down in holy scripture ? true it is in things of some one kinde , true it is , that what we are now of necessity for ever bound to believe or observe in the special mysteries of salvation , scripture must needs give notice of it unto the world ; yet true it cannot be , touching all things that are of god. sufficient it is for the proof of lawfulness in any thing done , if we canshew that god approved it . and of his approbation , the evidence is sufficient , if either himself have by revelation in his word warranted it , or we by some discourse of reason , finde it good of it self , and unrepugnant unto any of his revealed laws and ordinances . wherefore injurious we are unto god , the author and giver of human capacity , judgement and wit , when , because of some things wherein he precisely forbiddeth men to use their own inventions , we take occasion to dis-authorize and disgrace the works which he doth produce by the hand , either of nature or of grace in them . we offer contumely , even unto him , when we scornfully reject what we lift without any other exception than this , the brain of man hath devised it . whether we look into the church or common-weal , as well in the one as in the other , both the ordination of officers , and the very institution of their offices may be truly derived from god , and approved of him , although they be not always of him in such sort as those things are which are in scripture . doth not the apostle term the law of nature even as the evangelist doth the law of scripture , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , god's own righteous ordinance ? the law of nature then being his law , that must needs be of him which it hath directed men unto . great odds , i grant , there is between things devised by men , although agreeable with the law of nature , and things is scripture set down by the finger of the holy ghost . howbeit the dignity of these is no hinderance , but that those be also reverently accounted of in their place . thus much they very well saw , who although not living themselves under this kinde of church polity , yet being , through some experience , more moderate , grave and circumspect in their judgment , have given hereof their sounder and better advised sentence . that which the holy fathers ( saith zanchius ) have by common consent , without contradiction of scripture , received ; for my part , i neither will , nor dare with good conscience disallow . and what more certain , than that the ordering of ecclesiastical persons , one in authority above another , was received into the church by the common consent of the christian world. what am i , that i should take upon me to control the whole church of christ in that which is so well known to have been lawfully , religiously , and to notable purpose instituted ? calvin maketh mention even of primates that have authority above bishops , it was , saith he , the institution of the antient church , to the end that the bishops might by this bond of concord , continue the faster linked amongst themselves . and , lest any man should think that as well he might allow the papacy it self ; to prevent this he addeth , aliud est moderatum gerere & honorem , quàmtotum terraram orbem immenso imperio complecti . these things standing as they do , we may conclude , that , albeit the offices which bishops execute , had been committed unto them only by the church , and that the superiority which they have over other pastors , were not first by christ himself given to the apostles , and from them descended to others , but afterwards in such consideration brought in and agreed upon , as is pretended , yet could not this be a just or lawful exception against it . xii . but they will say , there was no necessity of instituting bishops , the church might have stood well enough without them , they are as those supersluous things , which neither while they continue do good , nor do harm when they are removed , because there is not any profitable use whereunto they should serve . for first , in the primitive church their pastors were all equal , the bishops of those dayes were the very same which pastors of parish churches at this day are , with us , no one at commandment or controulment by any others authority amongst them . the church therefore may stand and flourish without bishops : if they be necessary , wherefore were they not sooner instituted ? . again , if any such thing were needful for the church , christ would have set it down in scripture , as he did all kinde of officers needful for iewish regiment . he which prescribed unto the iews so particularly the least thing pertinent unto their temple , would not have left so weighty offices undetermined of in scripture , but that he knew the church could never have any profitable use of them . furthermore , it is the judgement of cyprian , that equity requireth every man's cause to be heard , where the fault he is charged with was committed . and the reason he alledgeth is , for asmuch as there they may have both accusers and witnesses in their cause . sith therefore every man's cause is neceiest to be handled at home by the iudges of his own parish , to what purpose serveth their device , which have appointed bishops unto whom such causes may be brought , and archbishops to whom they may be also from thence removed ? xiii . what things have necessary use in the church , they of all others are the most unfit to judge , who bend themselves purposely against whatsoever the church useth , except it pleasie themselves to give it the grace and countenance of their favourable approbation ; which they willingly do not yield unto any part of church-policy , in the forehead whereof there is not the mark of that new devised stamp . but howsoever men like or dislike , whether they judge things necessary or needless in the house of god , a conscience they should have touching that which they boldly affirm or deny . . in the primitive church no bishops , no pastor having power over other pastors , but all equals , every man supreme commander and ruler within the kingdom of his own congregation or parish ? the bishops that are spoken of in the time of the primitive church , all such as persons or rectors of parishes are with in ? it thus it have been in the prime of the church , the question is , how farr they will have that prime to extend ? and where the latter spring of that ne●-supposed disorder to begin ? that primitive church wherein they hold that amongst the fathers , all which had pastoral charge were equal , they must of necessity so farr enlarge , as to contain some hundred of years , because for proof hereof they alledge boldly and confidently saint cyprian , who suffered martyrdom about two hundred and threescore years after our blessed lord's incarnation . a bishop , they say , such as cyprian doth speak of , had only a church or congregation , such as they ministers and pastors with us , which are appointed unto several towns. every bishop in cyprian's time was pastor of one only congregation , assembled in one place to be taught of one man. a thing impertiment , although it were true . for the question is about personal inequality amongst governors of the church . now to shew there was no such thing in the church at such time as cyprian lived , what bring they forth ? forsooth , that bishops had then but a small circuit of place for the exercise of their authority . be it supposed , that no one bishop had more than one only town to govern , one only congregation to rule : doth it by cyprian appear , that in any such town of congregation , being under the cure and charge of someone bishops , there were not , besides that one bishop , others also ministers of the word and sacraments , yet subject to the power of the same bishop ? if this appear not , how can cyprian be alledged for a witness , that in those times there were no bishops which did differ from other ministers , as being above them in degree of ecclesiastical power ? but a gross and a palpable untruth it is , that bishops with cyprian , were as ministers are with us in parish-churches ; and that each of them did guide some parish without any other pastors under him . st. cyprian's own person may serve for a manifest disproof hereof . pomius being deacon under cyprian noteth , that his admirable vertues caused him to be bishop with the soonest ; which advancement therefore himself endeavoured for a while to avoid . it seemed in his own eyes too soon for him to take the title of so great honor , in regard whereof a bishop is tenned pourisex , sacerdos , antistes dei. yet such was his quality , that whereas others did hardly perform that duty , whereunto the discipline of their order , togetherwith the religion of the oath they took at their entrance into the office even constrained them ; him the chair did not make , but receive such a one , as behoved that a bishop should be . but soon after followed that prescription , whereby being driven into exile , and continuing in that estate for the space of some two years , he ceased not by letters to deal with his clergy , and to direct them about the publick affairs of the church . they unto whom those * epistles were written , he commonly entituleth the presbyters and deacons of that church . if any man doubt , whether those presbyters of carthage were ministers of the word and sacraments or no , let him , consider but that one only place of cyprian , where he giveth them this careful advice , how to deal with circumspection in the perilous times of the church , that neither they which were for the truths sake imprisoned , might want those ghostly comforts which they ought to have , nor the church by ministring the same unto them , incurr unnecessary danger and peril . in which epistle it doth expresly appear , that the presbyters of whom he speaketh , did offer , that is to say , administer the eucharist ; and that many there were of them in the church of carthage , so as they might have every day change for performance of that duty . nor will any man of sound judgement i think deny , that cyprian was in authority and power above the clergy of that church , above those presbyters unto whom he gave direction . it is apparently therefore untrue , that in cyprian's time , ministers of the word and sacraments were all equal , and that no one of them had either title more excellent than the rest , or authority and government over the rest , cyprian bishop of carthage , was clearly superiour unto all other ministers there : yea , cyprian was , by reason of the dignity of his see an archbishop , and so consequently superiour unto bishops . bishops , we say , there have been alwayes , even as long as the church of christ it self hath been . the apostles who planted it , did themselves rule as bishops over it , neither could they so well have kept things in order during their own times , but that episcopal authority was given them from above , to exercise far and wice over all other guides and pastors of god's church . the church indeed for a time continued without bishops by restraint , every where established in christian cities . but shall we thereby conclude , that the church hath no use of them , that without them it may stand and flourish ? no , the cause wherefore they were so soon universally appointed was , for that it plainly appeared , that , without them , the church could not have continued long . it was by the special providence of god no doubt so disposed , that the evil whereof this did serve for remedy , might first be felt , and so the reverend authority of bishops be made by so much the more effectual , when our general experience had taught men what it was for churches to want them . good laws are never esteemed so good , not acknowledged so necessary , as when precedent crimes are as seeds out of which they grow . episcopal authority was even in a manner sanctified unto the church of christ , by that little bitter experience which it first had of the pestilent evil of schismes . again , when this very thing was proposed as a remedy , yet a more suspicions and fearful acceptance it must needs have found , if the self-same provident wisdom of almighty god , had not also given before-hand sufficient tryal thereof in the regiment of ierusalem , a mother-church , which having received the same order even at the first , was by it most peaceably governed , when other churches without it had trouble . so that by all means , the necessary use of episcopal government is confirmed , yea strengthened it is and ratified , even by the not establishment thereof in all churches every where at the first . . when they further dispute , that if any such thing were usedful , christ would in scripture have set down particular statutes and laws , appointing that bishops should be made , and prescribing in what order , even as the law doth for all kinde of officers which were needful in the iewish regiment ; might not a man that would bend his wit to maintain the fury of the petrobrusian hereticks , in pulling down oratories , use the self-same argument , with as much countenance of reason ? if it were needful that we should assemble our selves in churches , would that god which taught the iews so exactly the frame of their sumptuous temple , leave us no particular instructions in writing , no not so much at which way to lay any one stone ? surely such kinde of argumentation doth not so strengthen the sinews of their cause , as weaken the credit of their judgement which are led therewith . . and whereas thirdly , in disproof of that use which episcopal authority hath in judgement of spiritual causes , they bring forth the verdict of cyprian , who saith , that equity requireth every man's cause to be heard , where the fault he was charged with was committed , forasmuch as there they may have both accusers and witnesses in the cause : this argument grounding it self on principles no lesse true in civil , than in ecclesiastical causes , unless it be qualified with some exceptions or limitations , over-turneth the highest tribunal seats both in church and common-wealth , it taketh utterly away all appeals , it secretly condemneth even the blessed apostle himself , as having transgressed the law of equity , by his appeal from the court of iudea , unto those higher which were in rome . the generality of such kinde of axioms deceiveth , unless it be construed with such cautions as the matter whereunto they are applyable doth require . an usual and ordinary transportation of causes out of africa into italy , out of one kingdom into another , as discontented persons list , which was the thing which cyprian disalloweth , may be unequal and unmeet ; and yet not therefore a thing unnecessary to have the courts erectted in higher places , and judgement committed unto greater persons , to whom the meaner may bring their causes either by way of appeal ot otherwise , to be determined according to the order of justice ; which hath been always observed every where in civil states , and is no less requisite also for the state of the church of god. the reasons which teach it to be expedient for the one , will shew it to be for the other , at leastwise , not unnecessary . inequality of pastors is an ordinance both divine and profitable : their exceptions against it in these two respects we have shewed to be altogether causless , unreasonable , and unjust . xiv . the next thing which they upbraid us with , is the difference between that inequality of pastors which hath been of old , and which now is : for at length they grant , that the superiority of bishops and of arch-bishops is somewhat antient , but no such kinde of superiority as ours have . by the laws of our discipline a bishop may ordain without asking the peoples consent , a bishop may excommunicate and release alone , a bishop may imprison , a bishop may bear civil office in the realm , a bishop may be a counsellor of state ; these thing antient bishops neither did nor might do . be it granted , that ordinarily neither in elections nor deprivations , neither in excommunicating , nor in releasing the excommunicate ; in none of the weighty affairs of government , bishops of old were wont to do any thing without consultation with their clergy , and consent of the people under them . be it granted , that the same bishops did neither touch any man with corporal punishment , nor meddle with secular affairs and offices , the whole clergy of god being then tyed by the strict and severe canons of the church , to use no other than ghostly power , to attend no other business than heavenly . tarquinius was in the roman common-wealth deservedly hated , of whose unorderly proceedings the history speaketh thus , hic regum primus traditum à prioribus morem de omnibus senatum consulendi solvit ; domesticis consillis rempub. administravit , bellum , pacem , foedera , societates , perse ipsum cum quibus voluit injussu populi ac senatus , fecit diremitque . against bishops the like is objected , that they are invaders of other mens right , and by intolerable usurpation take upon them to do that alone , wherein antient laws have appointed , that others , not they onely , should bear sway . let the case of bishops he put , not in such sort as it is , but even as their very heavyest adversaries would devise it : suppose that bishops at the first had encroached upon the church , that by sleights and cunning practises they had appropriated ecclesiastical , as augustus did imperial , power ; that they had taken the advantage of mens inclinable affections , which did not suffer them for revenue-sake to be suspected of ambition ; that in the mean while their usurpation had gone forward by certain easie and unsensible degrees , that being not discerned in the growth , when it was thus farr grown , as we now see it hath proceeded , the world at length perceiving there was just cause of complaint , but no place of remedy left , had assented unto it by a general secret agreement to bear it now as an helpless evil : all this supposed for certain and true , yet surely a thing of this nature , as for the superiour to do that alone , unto which of right the consent of some other inferiours should have been required by them ; though it had an indirect entrance at the first , must needs through continuance of so many ages as this hath stood be made now a thing more natural to the church , than that it should be opprest with the mention of contrary orders worn so many ages since quite and clean out of ure . but with bishops the case is otherwise ; for in doing that by themselves , which others together with them have been accustomed to do , they do not any thing , but that whereunto they have been , upon just occasion authorized by orderly means . all things natural , have in them naturally , more or less , the power of providing for their own safety : and , as each particular man hath this power , so every politick society of men must needs have the same , that thereby the whole may provide for the good of all parts therein . for other benefit we have not any , by sorting our selves into politick societies , saving only that by this mean each part hath that relief , which the vertue of the whole is able to yield it . the church therefore being a politick society or body , cannot possibly want the power of providing for it self : and the chiefest part of that power consisteth in the authority of making laws . now , forasmuch as corporations are perpetual , the laws of the antienter church cannot chuse but binde the latter , while they are in force . but we must note withal , that , because the body of the church continueth the same , it hath the same authority still , and may abrogate old laws , or make new , as need shall require . wherefore vainly are the antient canons and constitutions objected as laws , when once they are either let secretly to dye by dis-usage , or are openly abrogated by contrary laws . the antient had cause to do no otherwise than they did ; and yet so strictly they judged not themselves in conscience bound to observe those orders , but that in sundry cases they easily dispensed therewith , which i suppose they would never have done , had they esteemed them as things whereunto everlasting , immutable , and undispensible observation did belong . the bishop usually promoted none , which were not first allowed as fit , by conference had with the rest of his clergy , and with the people : notwithstanding , in the case of aurelius , saint cyprian did otherwise . in matters of deliberation and counsel , for disposing of that which belongeth generally to the whole body of the church , or which being more particular , is nevertheless of so great consequence , that it needeth the force of many judgements conferred ; in such things the common saying must necessarily take place , an eye cannot see that which eyes can . as for clerical ordinations , there are no such reasons alledged against the order which is , but that it may be esteemed as good in every respect , as that which hath been ; and , in some considerations , better , at leastwise ( which is sufficient to our purpose ) it may be held in the church of christ , without transgressing any law , either antient or late , divine or human. which we ought to observe and keep . the form of making ecclesiastical officers , hath sundry parts , neither are they all of equal moment . when deacons having not been before in the church of christ , the apostles saw it needful to have such ordained : they , first , assemble the multitude , and shew them how needful it is that deacons be made . secondly , they name unto them what number they judge convenient , what quality the men must be of , and to the people they commit the care of finding such out . thirdly , the people hereunto assenting , make their choyce of stephen and the rest ; those chosen men they bring and present before the apostles : howbeit , all this doth not endue them with any ecclesiastical power . but when so much was done , the apostles finding no cause to take exception , did with prayer and imposition of hands , make them deacons . this was it which gave them their very being , all other things besides were only preparations unto this . touching the form of making presbyters , although it be not wholly of purpose anywhere set down in the apostles writings , yet sundry speeches there are , which insinuate the chiefest things that belong unto that action : as when paul and barnabas are said to have fasted , prayed , and made presbyters : when timothy is willed to lay hands suddenly on no man , for fear of participating with other mens sins . for this cause the order of the primitive church was , between choyce and ordination to have some space for such probation and tryal as the apostle doth mention in deacons , saying , let them first be proved , and then minister , if so be they be found blameless . alexander severus beholding in his time how careful the church of christ was , especially for this point ; how , after the choyce of their pastors , they used to publish the names of the parties chosen , and not to give them the final act of approbation , till they saw whether any lett or impediment would be alledged ; he gave commandment , that the like should also be done in his own imperial elections , adding this as a reason wherefore he so required , namely , for that both christians and iews being so wary about the ordination of their priests , it seemed very unequal for him not to be in like sort circumspect , to whom he committed the government of provinces , containing power over mens both estates and lives . this the canon law it self doth provide for , requiring before ordination scrutiny : let them diligently be examined three dayes together before the sabbath , and on the sabbath let them be presented unto the bishop . and even this in effect also is the very use of the church of england , at all solemne ordaining of ministers ; and if all ordaining were solemne , i must confesse it were much the better . the pretended disorder of the church of england is , that bishops ordain them , to whose election the people give no voyces , and so the bishops make them alone , that is to say , they give ordination without popular election going before , which antient bishops neither did nor might do . now in very truth , if the multitude have hereunto a right , which right can never be translated from them for any cause , then is there no remedy but we must yield , that unto the lawful making of ministers , the voyce of the people is required ; and that , according to the adverse parties assertion , such as make ministers without asking the peoples consent , do but exercise a certain tyranny . at the first erection of the common-weals of rome , the people ( for so it was then fittest ) determined of all affairs : afterwards , this growing troublesome , their senators did that for them , which themselves before had done : in the end all came to one man's hands , and the emperour alone was instead of many senators . in these things , the experience of time may breed both civil and ecclesiastical change from that which hath been before received , neither do latter things always violently exclude former , but the one grawing less convenient then it hath been , giveth place to that which is now become more . that which was fit for the people themselves to do at the first , might afterwards be more convenient for them to do by some other : which other is not thereby proved a tyrant , because he alone doth that which a multitude were wont to do , unless by violence he take that authority upon him , against the order of law , and without any publick appointment ; as with us , if any did , it should ( i suppose ) not long be safe for him so to do . this answer ( i hope ) will seem to be so much the more reasonable , in that themselves , who stand against us , have furnish'd us , therewith , for , whereas against the making of ministers by bishops alone , their use hath been to object , what sway the people did bear when stephen and rest were ordained deacons : they begin to espy how their own plat-form swerveth not a little from that example wherewith they controul the practices of others . for , touching the form of the peoples concurrence in that action , they observe it not ; no , they plainly profess , that they are not in this point bound to be followers of the apostles . the apostles ordained whom the people had first chosen . they hold , that their ecclesiastical senate ought both to choose , and also to ordain . do not themselves then take away that which the apostles gave the people , namely , the priviledge of chusing ecclesiastical officers ? they do . but behold in what sort they answer it . by the sixth and the fourteenth of the acts ( say they ) it doth appear , that the people had the chiefest power of chusing . howbeit that , as unto me it seemeth , was dine upon special cause , which doth not so much concern us , neither ought it to be drawn unto the ordinary and perpetual form of governing the church : for , as in establishing common-weals , not only if they be popular , but even being such as are ordered by the power of a few the chiefest , or as by the sole authority of one till the same he established , the whole sway is in the peoples hands , who voluntarily appoint those magistrates by whose authority they may be governed ; so that afterward not the multitude it self , but those magistrates which were chosen by the multitude , have the ordering of publick affairs : after the self-same manner is fared in establishing also the church : when there was not as yet any placed over the people , all authority was in them all ; but when they all had chosen certain to whom the regiment of the church was committed , this power is not now any longer in the hands of the whole multitude , but wholly in theirs who are appointed guides of the church . besides , in the choyce of deacons , there was also another special cause wherefore the whole church as that time should chuse them . for inasmuch as the grecians murmured against the hebrews , and complained , that in the duly distribution which was made for relief of the poor , they were not indifferently respected , nor such regard had of their widows as was meet ; this made it necessary that they all should have to deal in the choyce of those unto whom that care was afterwards to be committed , to the end that all occasion of jealousies and complaints might be removed . wherefore that which was done by the people for certain causes , before the church was sully settled , may not be drawn out , and applyed unto a constant and perpetual form of ordering the church . let them cast the discipline of the church of england into the same scales where they weigh their own , let them give us the same measure which here they take , and our strifes shall soon be brought to a quiet end . when they urge the apostles as precedents ; when they condemn us of tyranny , because we do not , in making ministers , the same which the apostles did ; when they plead , that with us one alone doth ordain , and that our ordinations are without the peoples knowledge , contrary to that example which the blessed apostles gave : we do not request at their hands allowance as much as of one word we speak in our own defence , if that which we speak be of our own : but that which themselves speak , they must be content to listen unto . to exempt themselves from being over-farr prest with the apostles example , they can answer , that which was done by the people once upon special causes , when the church was not yet established , is not to be made a rule for the constant and continual ordering of the church . in defence of their own election , although they do not therein depend on the people so much as the apostles in the choyce of deacons , they think it a very sufficient apology , that there were special considerations why deacons at that time should be chosen by the whole church , but not so now . in excuse of dissimilitudes between their own and the apostles discipline , they are contented to use this answer , that many things were done in the apostles times , before the settling of the church , which afterward the church was not tyed to observe . for countenance of their own proceedings , wherein their governors do more than the apostles , and their people less than under the apostles the first churches are found to have done , at the making of ecclesiastical officers , they deem it a marvellous reasonable kinde of pleading to say , that even as in common-wealt , when the multitude have once chosen many , or one to rule over them , the right which was at the first in the whole body of the people , is now derived into those many , or that one which it so chosen ; and that this being done , it is not the whole multitude , to whom the administration of such publick affairs any longer appertaineth , but that which they did , their rulers may now do lawfully without them : after the self-same manner it slandeth with the church also . how easie and plain might we make our defence ? how clear and allowable even unto them , it we could but obtain of them to admit the same things consonant unto equity in our mouths , which they require to be so taken from their own ? if that which is truth , being uttered in maintenance of scotland and geneva , do not cease to be truth when the church of england once alledgeth it ; this great crime of tyranny wherewith we are charged , hath a plain and an easie defence ? yea , but we do not at all aske the peoples approbation , which they do , whereby they shew themselves more indifferent and more free from taking away the peoples right . indeed , when their lay-elders have chosen whom they think good , the peoples consent thereunto is asked , and , if they give their approbation , the thing standeth warranted for sound and good . but if not , is the former choyce overthrown ? no , but the people is to yield to reason ; and , if they which have made the choyce , do so like the poeples reason , as to reverse their own deed at the hearing of it , then a new election to be made ; otherwise the former to stand , notwithstanding the peoples negative and dislike . what is this else but to deal with the people , as those nurses do with infants , whose mouths they besmear with the backside of the spoon , as though they had fed them , when they themselves devour the food . they cry in the ears of the people , that all mens consent should be had unto that which concerns all ; they make the people believe we wrong them , and deprive them of their right in making ministers , whereas , with us , the people have commonly farr more sway and force then with them . for inasmuch as there are but two main things observed in every ecclesiastical function , power to exercise the duty it self , and some charge of people whereon to exercise the same ; the former of these is received at the hands of the whole visible catholick church : for it is not any one particular multitude that can give power , the force whereof may reach farr and wide indefinitely , as the power of order doth , which whoso hath once received , there is no action which belongeth thereunto , but he may exercise effectually the same in any part of the world , without iterated ordination . they whom the whole church hath from the beginning used as her agents , in conferring this power , are not either one or mo● of the laity , and therefore it hath not been heard of , that ever any such were allowed to ordain ministers : onely persons ecclesiastical , and they , in place of calling , superiours both unto deacons , and unto presbyters ; only such persons ecclesiastical have been authorized to ordain both , and to give them the power of order , in the name of the whole church . such were the apostles , such was timothy , such was titus , such are bishops . not that there is between these no difference , but that they all agree in preheminence of place above both presbyters and deacons , whom they otherwise might not ordain . now whereas hereupon some do inferr , that no ordination can stand , but only such as is made by bishops , which have had their ordination likewise by other bishops before them , till we come to the very apostles of christ themselves . in which respect it was demanded of beza at poissie , by what authority he could administer the holy sacraments , being not thereunto ordained by any other than calvin , or by such as to whom the power of ordination did not belong , according to the antient orders and customs of the church , sith calvin , and they who joyned with him in that action , were no bishops : and athanasius maintaineth the fact of macarius a presbyter , which overthrew the holy table , whereat one ischyras would have ministred the blessed sacrament , having not been consecrated thereunto by laying on of some bishops hands , according to the ecclesiastical canons , as also epiphanius inveigheth sharply against divers for doing the like , when they had not episcopal ordination . to this we answer . that there may be sometimes very just and sufficient reason to allow ordination made without a bishop . the whole church visible being the true original subject of all power , it hath not ordinarily allowed any other than bishops alone to ordain : howbeit , as the ordinary course is ordinarily in all things to be observed , so it may be in some cases not unnecessary that we decline from the ordinary wayes . men may be extraordinarily , yet allowably , two wayes admitted unto spiritual functions in the church . one is , when god himself doth of himself raise up any , whose labour be useth without requiring that men should authorize them . but then he doth ratifie their calling by manifest signes and tokens himself from heaven . and thus even such as believed not our saviours teaching , did yet acknowledge him a lawful teacher sent from god : thou art a teacher sent from god , otherwise none could do those things which thou dost . luther did but reasonably therefore , in declaring that the senate of mulheuse should do well to ask of muncer , from whence he received power to teach ? who it was that had called him ? and if his answer were , that god had given him his charge , then to require at his hands some evident sign thereof for men's satisfaction ; because so god is wont , when he himself is the author of any extraordinary calling . another extraordinary kinde of vocation is , when the exigence of necessity doth constrain to leave the usual wayes of the church , which otherwise we would willingly keep : where the church must needs have some ordained , and neither hath , nor can have possibly a bishop to ordain ; in case of such necessity , the ordinary institution of god hath given oftentimes , and may give , place . and therefore we are not , simply without exception , to urge a lineal descent of power from the apostles by continued succession of bishops in every effectual ordination . these cases of inevitable necessity excepted , none may ordain but only bishops : by the imposition of their hands it is , that the church giveth power of order , both unto presbyters and deacons . now , when that power so received is once to have any certain subject whereon it may work , and whereunto it is to be tyed , here cometh in the peoples consent , and not before . the power of order i may lawfully receive , without asking leave of any multitude ; but that power i cannot exercise upon any one certain people utterly against their wills ; neither is there in the church of england any man , by order of law , possessed with pastoral charge over any parish , but the people in effect do chuse him thereunto . for , albeit they chuse not by giving every man personally his particular voyce , yet can they not say , that they have their pastors violently obtruded upon them , in as much as their antient and original interest therein , hath been by orderly means derived into the patron who chuseth for them . and if any man be desirous to know how petrons came to have such interest , we are to consider , that at the first erection of churches , it seemed but reasonable in the eyes of the whole christian world , to pass that right to them and their successors , on whose soyl , and at whose charge the same were founded . this all men gladly and willingly did , both in honor of so great piety , and for encouragement of many others unto the like , who peradventure else , would have been as slow to erect churches , or to endow them , as we are forward both to spoyl them , and to pull them down . it s no true assertion therefore , in such sort as the pretended reformers mean it , that all ministers of god's word ought to be made by consent of many , that is to say , by the peoples saffrages ; that antient bishops neither did nor might or dain otherwise ; and that ours do herein usurp a farr greater power than was , or then lawfully could have been granted unto bishops which were of old . furthermore , as touching spiritual jurisdiction , our bishops , they say , do that which of all things is most intollerable , and which the antient never did , our bishops excommunicate and release alone , whereas the censures of the church neither ought , nor were want to be administred otherwise , then by consent of many . their meaning here when they speak of many , is not as before it was : when they hold that ministers should be made with consent of many , they understand by many , the multitude , or common people ; but in requiring that many should evermore joyn with the bishop in the administration of church-censures , they mean by many , a few lay-elders , chosen out of the rest of the people to that purpose , this , they say , is ratified by antient councils , by antient bishops this was practised . and the reason hereof , as beza supposeth , was , because if the power of ecclesiastical censures did belong unto any one , there would this great inconvenience follow ; ecclesiastical regiment should be changed into mere tyranny , or else into a civil royalty : therefore no one , either bishop or presbyter , should or can alone exercise that power , but with his ecclesiastical consist●ry he ought to do it , as may appear by the old discipline . and is it possible , that one so grave and judicious should think it in earnest tyranny for a bishop to excommunicate , whom law and order hath authorized so to do ? or be perswaded , that ecclesiast●cal regiment degenerateth into civil regality , when one is allowed to do that which hath been at any time the deed of moe ? surely , farr meaner-witted men than the world accounteth mr. reza , do easily perceive , that tyranny is power violently exercised against order , against law ; and that the difference of these two regiments , ecclesiastical and civil , consisteth in the matter about which the actions of each are conversant ; and not in this , that civil royalty admitteth but one , ecclesiastical government requireth many supreme correctors . which allegation , were it true , would prove no more than only , that some certain number is necessary for the assistance of the bishop : but that a number of such as they do require is necessary , how doth it prove ? wherefore albeit bishops should now do the very same which the antients did , using the colledge of presbyters under them as their assistants , when they administer church-censures , yet should they still swerve utterly from that which these men so busily labour for , because the agents whom they require to assist in those cases , are a sort of lay-elders , such as no antient bishop ever was assisted with . shall these fruitless jarrs and janglings never cease ? shall we never see end of them ? how much happier were the world if those eager task-masters , whose eyes are so curious and sharp in discerning what should be done by many , and what by few , were all changed into painful doers of that which every good christian man ought either only or chiefly to do , and to be found therein doing when that great and glorious judge of all mens both deeds and words shall appear ? in the mean while , be it one that hath this charge , or be they many that be his assistants , let there be careful provision that justice may be administred , and in this shall our god be glorified more than by such contentious disputes . xv. of which nature that also is , wherein bishops are , over and besides all this , accused to have much more excessive power than the antient , in as much as unto their ecclesiastical authority , the civil magistrate for the better repressing of such as contemn ecclesiastical censures , hath for divers ages annexed civil . the crime of bishops herein is divided into these two several branches , the one that in causes ecclesiastical , they strike with the sword of secular punishments ; the other , that offices are granted them , by vertue whereof they meddle with civil affairs . touching the one , it reacheth no farther than only unto restraint of liberty by imprisonment ( which yet is not done but by the laws of the land , and by vertue of authority derived from the prince . ) a thing which being allowable in priests amongst the jews , must needs have received some strange alteration in nature since , if it be now so pernicious and venomous to be coupled with a spiritual vocation in any man which beareth office in the church of christ. shemaia writing to the colledge of priests which were in ierusalem , and to z●phania the principal of them , told them they were appointed of god , that they might be officers in the house of the lord , for every man which raved , and did make himselfe a prophet , to the end that they might by the force of this their authority put such in prison , and in the stocks . his malice is reproved , for that he provoketh them to shew their power against the innocent . but surely , when any man justly punishable had been brought before them , it could be no unjust thing for them even in such sort then to have punished . as for offices , by vertue whereof bishops have to deal in civil affairs , we must consider that civil affairs are of divers kindes● and as they be not all fit for ecclesiastical persons to meddle with , so neither is it necessary , nor at this day haply convenient , that from meddling with any such thing at all they all should without exception be secluded . i will therefore set down some few causes , wherein it cannot but clearly appear unto reasonable men , that civil and ecclesiastical functions may be lawfully united in one and the same person . first therefore , in case a christian society be planted amongst their professed enemies , or by toleration do live under some certain state whereinto they are not incorporated , whom shall we judge the meetest men to have the hearing and determining of such mere civil controversies as are every day wont to grow between man and man ? such being the state of the church of corinth , the apostle giveth them this direction , dare any of you , having business against another be judged by the unjust , and not under saints ? do ye not know that the saints shall judge the world ? if the world then shall be judged by you , are ye unworthy to judge the smallest matters ? know ye not that we shall judge the angels ? how much more things that appertain to this life ? if then ye have judgement of things pertaining to this life , set up them which are least esteemed in the church . i speak it to your shame ; is it so , that there is not a wise man amongst you ? us not one that can judge between his brethren , but a brother goeth to law with a brother , and that under the infidels ? now therefore there is utterly a fault among you , because ye go to law one with another ; why rather suffer ye not wrong , why rather sustain ye not harm ? in which speech there are these degrees ; better to suffer and to put up injuries , than to contend ; better to end contention by arbitrement , then by judgement ; better by judgement before the wisest of their own , than before the simpler ; better before the simplest of their own , than the wisest of them without : so that if judgement of secular affairs should be committed unto wise men , unto men of chiefest credit and account amongst them , when the pastors of their souls are such , who more fit to be also their judges for the ending of strikes ? the wisest in things divine , may be also in things humane the most skilful . at leastwise they are by likelihood commonly more able to know right from wrong than the common un-lettered sort . and what st. augustin did hereby gather , his own words do sufficiently show . i call god to witness upon my soul , saith he , that according to the order which is kept in well-ordered monasteries , i could wish to have every day my hours of labouring with my hands , my hours of reading and of praying , rather than to endure these most tumultuous perplexities of other men's causes , which i am forced to bear while i travel in secular businesses , either by judging to discuss them , or to cut them off by intreaty : unto which toyles that apostle , who himself sustained them not , for any thing we read , hath notwithstanding ●yed us not of his own accord , but being thereunto directed by that spirit which speaks in him . his own apostleship , which drew him to travel up and down , suffered him not to be any where settled for this purpose ; wherefore the wise , faithful and holy men which were seated here and there , and not them which travelled up and down to preach , he made examiners of such businesses . whereupon of him it is no where written , that he had leisure to attend these things , from which we cannot excuse our selves although we be simple , because even such he requireth , if wise men cannot be had , rather than that the affairs of christians should be brought into publick judgement . howbeit , not without comfort in our lord are these travels undertaken by us , for the hopes sake of eternal life , to the end that with patience we may reap fruit . so farr is saint augustin from thinking it unlawful for pastors in such sort to judge civil causes , that he plainly collecteth out of the apostles words , a necessity to undertake that duty ; yea himself he comforteth with the hope of a blessed reward , in lieu of travel that way sustained . again , even where whole christian kingdoms are , how troublesome were it for universities , and other greater collegiate societies , erected to serve as nurseries unto the church of christ , if every thing which civilly doth concern them were to be carried from their own peculiar governors , because for the most part they are ( as fittest it is they should be ) persons ecclesiastical calling ? it was by the wisdom of our famous predecessors foreseen how unfit this would be , and hereupon provided by grant of special charters , that it might be , as now it is in the universities , where their vice-chancellors , being for the most part professors of divinity , are nevertheless civil judges over them in the most of their ordinary causes . and to go yet some degrees further , a thing impossible it is not , neither altogether unusual , for some who are of royal blood to be consecrated unto the ministry of jesus christ , and so to be nurses of god's church , not only as the prophet did fore-tell , but also as the apostle saint paul was . now in case the crown should by this mean descend unto such persons , perhaps when they are the very last , or perhaps the very best of their race , so that a greater benefit they are not able to bestow upon a kingdom , than by accepting their right therein ; shall the sanctity of their order deprive them of that honour whereunto they have right by blood ? or shall it be a barr to shut out the publick good that may grow by their vertuous regiment ? if not , then must they cast off the office which they received by divine imposition of hands ; or , if they carry a more religious opinion concerning that heavenly function , it followeth , that being invested as well with the one as the other , they remain god's lawfully anointed both ways . with men of skill and mature judgement there is of this so little doubt , that concerning such as at this day are under the archbishops of ments , colen , and travers , being both archbishops and princes of the empire ; yea such as live within the popes own civil territories , there is no cause why any should deny to yield them civil obedience in any thing which they command , not repugnant to christian piety ; yea even that civilly , for such as are under them , not to obey them , were the part of seditious persons : howbeit for persons ecclesiastical , thus to exercise civil dominion of their own , is more than when they onely sustain some publick office , or deal in some business civil , being thereunto even by supream authority required . as nature doth not any thing in vain , so neither grace : wherefore , if it please god to bless some principal attendants on his own sanctuary , and to endue them with extraordinary parts of excellency , some in one kinde , some in another , surely a great derogation it were to the very honour of him who bestowed so precious graces , except they on whom he hath bestowed them should accordingly be imployed , that the fruit of those heavenly gifts might extend it self unto the body of the common-wealth wherein they live ; which being of purpose instituted ( for so all common-wealths are ) to the end , that all might enjoy whatsoever good it pleaseth the almighty to endue each one with , must needs suffer loss , when it hath not the gain which eminent civil hability in ecclesiastical persons is now and then found apt to afford . shall we then discommend the people of milan for using ambrose their bishop as an ambassadour about their publick and politick affairs ; the jews for electing their priests sometimes to be leaders in warr ; david for making the high priest his chiefest counsellour of state , finally , all christian kings and princes which have appointed unto like services , bishops , or other of the clergy under them ? no! they have done in this respect that which most sincere and religious wisdom alloweth . neither is it allowable only , when either a kinde of necessity doth cast civil offices upon them , or when they are thereunto preferred in regard of some extraordinary fitness , but further also , when there are even of right annexed unto some of their places , or of course imposed upon certain of their persons , functions of dignity and account in the common-wealth ; albeit no other consideration be had therein save this , that their credit and countenance may by such means be augmented . a thing , if ever to be respected , surely most of all now , when god himself is for his own sake generally no where honoured , religion almost no where , no where religiously adored , the ministry of the word and sacraments of christ a very cause of disgrace in the eyes both of high and low , where it hath not somewhat besides it self to be countenanced with . for unto this very pass things are come , that the glory of god is constrained even to stand upon borrowed credit , which yet were somewhat the more tolerable , if there were not that disswade to lead i● him . no practise so vile , but pretended holynesse is made sometimes a cloak to hide it . the french king philip valois in his time made an ordinance , that all prelates and bishops shu●●ld be clean excluded from parliaments , where the affairs of the kingdom were handled ; pretending that a king , with good conscience ; cannot draw pastors , having cure of souls , from so weighty a business ; to trouble their heads with consultations of state. but irreligious intents are not able to hide themselves , no not when holiness is made their cloak . this is plain and simple truth , that the counsels of wicked men hate always the presence of them , whose vertue , though it should not be able to prevail against their purposes , would notwithstanding be unto their minds a secret corrosive ; and therefore , till either by one shift or another they can bring all things to their own hands alone , they are not secure . ordinances holler and better there stand as yet in force by the grace of almighty god , and the works of his providence , amongst us . let not envy so far prevail , as to make us account that a blemish , which , if there be in us any spark of sound judgement , or of religious conscience , we must of necessity acknowledge to be one of the chiefest ornaments unto this land : by the antient laws whereof , the clergy being held for the chief of those three estates , which together make up the entire body of this common-wealth , under one supreme head and governour ; it hath all this time ever born a sway proportionable in the weighty affairs of the land , wise and vertuous kings condescending most willingly thereunto , even of reverence to the most high ; with the flower of whose sanctified inheritance , as it were with a kinde of divine presence , unless their chiefest civil assemblies were so farr forth beautified as might be without any notable impediment unto their heavenly f●nctions , they could not satisfie themselves as having showed towards god an affection most du●iful . thus , first , in defect of other civil magistrates ; secondly for the ease and quietness of scholastical societies ; thirdly , by way of political necessity ; fourthly , in regard of quality , care , and extraordinancy ; fifthly , for countenance into the ministry ; and lastly , even of devotion and reverence towards god himself , there may be admitted at leastwise in some particulars well and lawfully enough a conjunction of civil and ecclesiastical power ; except there be some such law or reason to the contrary , as may prove it to be a thing simply in it self naught . against it many things are objected , as first , that the matters which are noted in the holy scripture to have belonged unto the ordinary office of any minister of god's holy word and sacraments , are these which follow , with such like , and no other ; namely , the watch of the sanctuary , the business of god , the ministry of the word and sacraments , oversight of the house of god , watching over his flock , prophesie , prayer , dispensations of the mysteries of god , charge and care of mens souls . if a man would shew what the offices and duties of a chirurgion or physician are ; i suppose it were not his part , so much as to mention any thing belonging to the one or the other , in case either should be also a souldier or a merchant , or an house-keeper , or a magistrate ; because the functions of these are different from those of the former , albeit one and the same man may happily be both . the case is like , when the scripture teacheth what duties are required in an ecclesiastical minister , in describing of whose office , to touch any other thing than such as properly and directly toucheth his office that way , were impertinent . yea , but in the old testament the two powers civil and ecclesiastical were distinguished , not onely in nature , but also in person : the one committed unto moses , and the magistrates joyned with him ; the other to aaron , and his sons . jehosophat in his reformation doth not onely distinguish causes ecclesiastical from civil , and erecteth divers courts for them , but appointeth also divers iudges . with the jews these two powers were not so distinguished , but that sometimes they might and did conc●● in one and the same person . was not ely both priest and judge ? after their return from captivity , es●●as a priest , and the same their chief governour even in civil affairs also ? these men which urge the necessity of making always a personal distinction of these two powers , as if by iehosaphat's example the same person ought not to deal in both causes , yet are not scrupulous to make men of civil place and calling , presbyters and ministers of spiritual jurisdiction in their own spiritual consistories . if it be against the jewish precedents for us to give civil power unto such as have ecclesiastical ; is it not as much against the same for them to give ecclesiastical power unto such as have civil ? they will answer perhaps , that their position is onely against conjunction of ecclesiastical power of order , and the power of civil jurisdiction in one person . but this answer will not stand with their proofs , which make no less against the power of civil and ecclesiastical jurisdiction in one person ; for of these two powers iehosaphat's example is : besides , the contrary example of heli and of ezra , by us alledged , do plainly shew , that , amongst the jewes , even the power of order ecclesiastical , and civil jurisdiction , were sometimes lawfully united in one and the same person , pressed further we are with our lord and saviour's example , who denyeth his kingdom to be of this wold , and therefore as not standing with his calling refused to be made a king , to give sentence in a criminal cause of adultery , and in a civil of dividing an inheritance . the jews , imagining that their messiah should be a potent monarch upon earth , no marvail , though when they did otherwise wonder at christ's greatness , they sought forthwith to have him invested with that kinde of dignity , to the end he might presently begin to reign . others of the jewes , which likewise had the same imagination of the messiah , and did somehat incline to think that peradventure this might be he , thought good to try whether he would take upon him that which he might do , being a king , such as they supposed their true messiah should be . but christ refused to be a king over them , because it was no part of the office of their messiah , as they did , falsely conceive ; and to intermeddle in those acts of civil judgement be refused also , because he had no such jurisdiction in that common-wealth , being , in regard of his civil person , a man of mean and low calling . as for repugnancy between ecclesiastical and civil power , or any inconvenience that these two powers should be united , it doth not appear , that this was the cause of his resistance either to reign or else to judge . what say we then to the blessed apostles , who teach , that souldiers intangle not themselves with the businesses of this life , but leave them , to the end they may please him who hath chosen them to serve ; and that so the good souldiers of christ ●ught to do . the apostles which taught this , did never take upon them any place or office of civil power . no : they gave over the ecclesiastical care of the poor , that they might wholly attend upon the word and prayer . st. paul indeed doth exhort timothy after this manner , suffer thou evil as a noble souldier of iesus christ : no man warring is entangled with the affairs of life , because he must serve such as have pressed him unto warfare . the sense and meaning whereof is plain , that souldiers may not be nice and tender , that they must be able to endure hardnesse , that no man betaking himself unto wars , continueth entangled with such kinde of businesses , as tend only unto the ease and quiet felicity of this life ; but if the service of him who hath taken them under his banner , require the hazard , yea , the losse of their lives , to please him● they must be content and willing with any difficulty , any peril , be it never so much against the natural desire which they have to live in safety . and at this point the clergy of god must always stand ; thus it behoveth them to be affected as oft as their lord and captain leadeth them into the field , whatsoever conflicts , perils or evils they are to endure . which duty being not such , but that therewith the civil dignities , which ecclesiastical persons amongst us do enjoy , may enough stand ; the exhortation of paul to timothy , is but a slender allegation against them . as well might we gather out of this place , that men having children or wives , are not fit to be ministers ( which also hath been collected , and that by sundry of the antient ) and that it is requisite the clergy be utterly forbidden marriage : for , as the burthen of civil regiment doth make them who bear it , the less able to attend their ecclesiastical charge ; even so saint paul doth say , that the married are careful for the world , the unmarried freer to give themselves wholly to the service of god , howbeit , both experience hath found it safer , that the clergy should bear the cares of honest marriage , than be subject to the inconveniencies which single life , imposed upon them , would draw after it ; and as many as are of sound judgement know it to be farr better for this present age , that the detriment be born , which haply may grow through the lessening of some few mens spiritual labours , than that the clergy and common-wealth should lack the benefit which both the one and the other may reap through their dealing in civil affairs . in which consideration , that men consecrated unto the spiritual service of god be licensed so farr forth to meddle with the secular affairs of the world , as doth seem for some special good cause requisite , and may be without any grievous prejudice unto the church ; surely , there is not in the apostles words , being rightly understood , any lett . that no apostle did ever bear office , may it not be a wonder , considering the great devotion of the age wherein they lived , and the zeal of herod , of nero the great commander of the known world , and of other kings of the earth , at that time to advance by all means christian religion ? their deriving unto others that smaller charge of distributing of the goods which were laid at their feet , and of making provision for the poor , which charge , being in part civil , themselves had before ( as i suppose , lawfully ) undertaken , and their following of that which was weightier , may serve as a marvellous good example , for the dividing of one man's office into divers slips , and the subordinating of inferiours to discharge some part of the same , when , by reason of multitude increasing , that labour waxeth great and troublesome , which before was easie and light : but very small force it hath to inferr a perpetual divorce between ecclesiastical and civil power in the same persons . the most that can be said in this case is , that sundry eminent canons , bearing the name of apostolical , and divers conncils likewise there are , which have forbidden the clergy to bear any secular office ; and have enjoyned them to attend altogether upon reading , preaching , and prayer : whereupon the most of the antient fathers , have shewed great dislikes that these two powers should be united in one person . for a full and final answer whereunto , i would first demand , whether commension and separation of these two powers , be a matter of mere positive law , or else a thing simply with or against the law immutable of god and nature ? that which is simply against this latter law , can at no time be allowable in any person , more than adultery , blasphemy . sacriledge , and the like . but conjunction of power ecclesiastical and civil , what law is there which hath not at some time or other allowed as a thing convenient and meet ? in the law of god we have examples sundry , whereby it doth most manifestly appear , how of him the same hath oftentime been approved . no kingdom or nation in the world , but hath been thereunto accustomed without inconvenience and hurt . in the prime of the world , kings and civil rulers were priests for the most part all . the a romans note it as a thing beneficial in their own common-wealth , and even to b them apparently forcible for the strengthening of the jewes regiment , under moses and samuel . i deny not , but sometime there may be , and hath been perhaps just cause to ordain otherwise . wherefore we are not to urge those things , which heretofore have been either ordered or done as thereby to prejudice those orders , which , upon contrary occasion , and the exigence of the present time , by like authority have been established . for , what is there which doth let , but that from contrary occasions , contrary laws may grow , and each he reasoned and disputed for by such as are subiect thereunto , during the time they are in force ; and yet neither so opposite to other , but that both may laudably continue , as long as the ages which keep them , do see no necessary cause which may draw them unto alteration ? wherefore in these things , canons , constitutions , and laws which have been at one time meet , do not prove that the church should alwayes be bound to follow them . ecclesiastical persons were by antient order forbidden to be executors of any man's testament , or to undertake the wardship of children . bishops , by the imperial law , are forbidden to bequeath by testament , or otherwise to alienate , any thing grown unto them after they were made bishops . is there no remedy but that these , or the like orders , must therefore every where still be observed ? the reason is not always evident , why former orders have been repealed , and other established in their room : herein therefore we must remember the axiom used in the civil laws , that the prince is alwayes presumed to do that with reason , which is not against reason being done , although no reason of his deed be exprest . which being in every respect as true of the church , and her divine authority in making laws , it should be some bridle unto those malepert and proud spirits , whose wits not conceiving the reason of laws that are established , they adore their own private fancy , as the supreme law of all , and accordingly take upon them to judge that whereby they should be judged . but why labour we thus in vain ? for even to change that which now is , and to establish instead thereof , that which themselves would acknowledge the very self-same which hath been , to what purpose were it , fith they protest , that they utterly condemn as well that which hath been , as that which is ; as well the antient , as the present superiority , authority , and power of ecclesiastical persons ? xvi . now where they lastly alledge , that the law of our lord iesus christ , and the judgement of the best in all ages , condemn all ruling superiority of ministers over ministers ; they are in this , as in the rest , more bold to affirm , than able to prove the things which they bring for support of their weak and feeble cause . the bearing of dominion , or the exercising of authority ( they say ) is this wherein the civil magistrate is severed from the ecclesiastical officer , according to the words of our lord and saviour , kings of nations bear rule over them , but it shall not be so with you : therefore bearing of dominion doth not agree to one minister over another . this place hath been , and still is , although most falsely , yet with farr greater shew and likelyhood of truth , brought forth by the anabaptists , to prove that the church of christ ought to have no civil magistrates , but be ordered only by christ. wherefore they urge the opposition between heathens , and them unto whom our saviour speaketh . for , fith the apostles were opposite to heathens , not in that they were apostles , but in that they were christians ; the anabaptists inference , is , that christ doth-here give a law , to be for ever observed by all true christian men , between whom and heathens there must be alwayes this difference , that whereas heathens have their kings and princes to rule , christians ought not in this thing to be like unto them . wherein their construction hath the more shew , because that which christ doth speak to his apostles , is not found alwayes agreeable unto them as apostles , or as pastors of mens souls , but oftentimes it toucheth them in generality , as they are christians ; so that christianity being common unto them with all believers , such specches must be so taken , that they may be applyed unto all , and not onely unto them , they which consent with us , in rejecting such collections as the anabaptist maketh with more probability , must give us leave to reject such as themselves have made with less : for a great deal less likely it is , that our lord should here establish an everlasting difference , not between his church and pagans , but between the pastors of his church and civil governours . for if herein they must always differ , that the one may not bear rule , the other may ; how did the apostles themselves observe this difference , the exercise of whose authority , both in commanding and in controuling others , the scripture hath made so manifest , that no gloss can over-shadow it ? again , it being , as they would have it , our saviour's purpose to withhold his apostles , and in them all other pastors from bearing rule , why should kingly dominion be mentioned , which occasions men to gather , that not all dominion and rule , but this one only form was prohibited , and that authority was permitted them , so it were not regal ? furthermore , in case it had been his purpose to withhold pastors altogether from bearing rule , why should kings of nations be mentioned , as if they were not forbidden to exercise , no not regal dominion it self , but only such regal dominion as heathen kings do exercise ? the very truth is , our lord and saviour did aim at a farr other mark than these men seem to observe . the end of his speech was to reform their particular mis-perswasion to whom he spake : and their mis-perswasion was , that which was also the common fancy of the jews at that time , that their lord being the messias of the world , should restore unto israel that kingdom , whereof the romans had as then bereaved them ; they imagined that he should not onely deliver the state of israel , but himself reign as king in the throne of david , with all secular pomp and dignity ; that he should subdue the rest of the world , and make ierusalem the seat of an universal monarchy . seeing therefore they had forsaken all to follow him , being now in so mean condition , they did not think , but that together with him , they also should rise in state ; that they should be the first , and the most advanced by him . of this conceit it came , that the mother of the sons of zebedee sued for her childrens preferment ; and of this conceit it grew , that the apostles began to question amongst themselves which of them should be greatest : and , in controulment of this conceit , it was , that our lord so plainly told them , that the thoughts of their hearts were vain . the kings of nations have indeed their large and ample dominions , they reign farr and wide , and their servants they advance unto honour in the world , they bestow upon them large and ample secular preferments , in which respect they are also termed many of them benefactors , because of the liberal hand which they use in rewarding such as have done them service : but , was it the meaning of the antient prophets of god , that the messias the king of israel should be like unto these kings , and his retinue grow in such sort as theirs ? wherefore ye are not to look for at my hands such preferment as kings of nations are wont to bestow upon their attendants , with you not so . your reward in heaven shall be most ample , on earth your chiefest honour must be to suffer persecution for righteousness sake ; submission , humility and meekness are things fitter for you to inure your mindes withall , than these aspiring cogitations ; if any amongst you be greater than other , let him shew himself greatest in being lowlyest ; let him be above them in being under them , even as a servant for their good . these are affections which you must put on ; as for degrees of preferment and honour in this world , if ye expect any such thing at my hands , ye deceive your selves , for in the world your portion is rather the clear contrary . wherefore they who alledge this place against episcopal authority abuse it , they many wayes deprave and wrest it , clear from the true understanding wherein our saviour himself did utter it . for first , whereas he by way of meer negation had said , with you it shall not be so , fore-telling them onely that it should not so come to pass , as they vainly surmised ; these men take his words in a plain nature of a prohibition , as if christ had thereby forbidden all inequality of ecclesiastical power . secondly , whereas he did but cut off their idle hope of secular advancements , all standing-superiority amongst persons ecclesiastical these men would rase off with the edge of his speech . thirdly , whereas he in abating their hope even of secular advancements spake but onely with relation unto himself , informing them that he would be no such munificent lord unto them in their temporal dignity and honour , as they did erroneously suppose ; so that any apostle might afterwards have grown by means of others to be even emperours of rome , for any thing in those words to the contrary ; these men removing quite and clean the hedge of all such restraints , enlarge so farr the bounds of his meaning , as if his very precise intent and purpose had been not to reform the error of his apostles , conceived as touching him , and to teach what himself would not be towards them ; but to prescribe a special law both to them and their successor for ever ; a law determining what they should not be in relation of one to another ; a law forbidding that any such title should be given to any minister as might import or argue in him a superiority over other ministers . being thus defeated of that succour which they thought their cause might have had out of the words of our saviour christ , they try their adventure in seeking , what aid man's testimony will yield them : cyptian objecteth it to florentinus as a proud thing , that by believing evil reports , and mis-judging of cyprian , he made himself bishop of a bishop , and iudge over him , whom god had for the time appointed to be iudge , lib. . ep. . the endeavour of godly men to strike at these insolent names , may appear in the council of carthage : where it was decreed , that the bishop of the chief see should not be entituled the exarch of priests , or the highest priest , or any other thing of like sense , but onely the bishop of the chiefest see ; whereby are shut out the name of archbishop , and all other such haughty titles . in these allegations it fareth , as in broken reports snatched out of the author's mouth , and broached before they be half either told on the one part , or on the other understood . the matter which cyprian complaineth of in florentinus was thus : novatus misliking the easiness of cyprian to admit men into the fellowship of believers , after they had fallen away from the bold and constant confession of christian faith , took thereby occasion to separate himself from the church ; and being united with certain excommunicate persons , they joyned their wits together , and drew out against cyprian their lawful bishop sundry grievous accusations , the crimes such , as being true , had made him uncapable of that office whereof he was six years as then possessed ; they went to rome , and to other places , accusing him every where as guilty of those faults , of which themselves had lewdly condemned him , pretending that twenty five african bishops ( a thing most false ) had heard and examined his cause in a solemn assembly , and that they all had given their sentence against him , holding his election by the canons of the church void . the same factious and seditious persons coming also unto florentinus , who was at that time a man imprisoned for the testimony of jesus christ , but yet a favourer of the error of novatus , their malicious accusations he over-willingly hearkned unto , gave them credit , concurred with them , and unto cyprian in fine wrote his letters against cyprian : which letters he justly taketh in marvellous evil part , and therefore severely controuleth his so great presumption in making himself a judge of a judge , and , as it were , a bishop's bishop , to receive accusations against him , as one that had been his ordinary . what heigth of pride is this , saith cyprian , what arrogancy of spirit , what a puffing up of minde , to call guides and priests to be examined and sifted before him ? so that unless we shall be cleared in your courts , and absolved by your sentence , behold for these six years space , neither shall the brotherhood have had a bishop , nor the people a guide , nor the flock a shepherd , nor the church a governor , nor christ a prelate , nor god a priest. this is the pride which cyprian condemneth in florentinus , and not the title or name of archbishop ; about which matter there was not at that time so much as the dream of any controversie at all between them . a silly collection it is , that because cyprian reproveth florentinus for lightness of belief , and presumptuous rashness of judgement , therefore he held the title of archbishop to be a vain and a proud name . archbishops were chief amongst bishops , yet archbishops had not over bishops that full authority which every bishop had over his own particular clergy : bishops were not subject unto their archbishop as an ordinary , by whom at all times they were to be judged , according to the manner of inferiour pastors , within the compass of each diocess . a bishop might suspend , excommunicate , depose such as were of his own clergy , without any other bishops assistants ; not so an archbishop the bishops that were in his own province , above whom divers prerogatives were given him , howbeit no such authority and power , as alone to be judge over them : for as a bishop could not be ordained , so neither might he be judged by any one only bishop , albeit that bishop were his metropolitan : wherefore cyprian , concerning the liberty and freedom which every bishop had , spake in the council of carthage , whereat fourscore and seven bishops were present , saying , it resteth that every of us declare , what we think of this matter , neither judging nor severing from the right of communion , any that shall think otherwise : for of us there is not any which maketh himself a bishop of bishops , or with tyrannical fear constraineth his collegues unto the necessity of obedience , inasmuch as every bishop , according to the reach of his liberty and power , hath his own free judgement , and can have no more another his iudge , than himself be iudge to another . whereby it appeareth , that , amongst the african bishops , none did use such authority over any as the bishop of rome did afterwards claim over all ; forcing upon them opinions by main and absolute power . wherefore unto the bishop of rome , the same cyprian also writeth concerning his opinion about baptism , these things we present unto your conscience , most dear brother , as well for common honours sake , as of single and sincere love , trusting that as you are truly your self religious and faithful , so those things which agree with religions and faith , will be acceptable unto you : howbeit we know , that what some have over-drunk in , they will not let go , neither easily change their minde , but with care of preserving whole amongst their brethren the bond of peace and concord , retaining still to themselves certain their own opinions wherewith they have been inuired : wherein we neither use force , nor prescribe a law unto any , knowing , that in the government of the church , every ruler hath his own voluntary free judgment , and of that which he doth shall render unto the lord himself an account . as for the council of carthage ; doth not the very first canon thereof establish with most effectual terms , all things which were before agreed on in the council of nice ? and , that the council of nice did ratifie the preheminence of metropolitan bishops , who is ignorant ? the name of an archbishop importeth only , a bishop having chiefty of certain prerogatives above his brethren of the same order . which thing , since the council of nice doth allow , it cannot be that the other of carthage should condemn it , inasmuch as this doth yield unto that a christian unrestrained approbation . the thing provided for by the synod of carthage , can be no other therefore , than only that the chiefest metropolitan , where many archbishops were within any greater province , should not be termed by those names , as to import the power of an ordinary jurisdiction , belonging in such degree and manner unto him , over the rest of the bishops and archbishops , as did belong unto every bishop over other pastors under him . but much more absurd it is to affirm , that both cyprian and the council of carthage condemn even such superiority also of bishops themselves , over pastors their inferiours , as the words of ignatius imply , in terming the bishop , a prince of priests , bishops to be termed arch-priests , in regard of their superiority over priests , is in the writings of the antient fathers a thing so usual and familiar , as almost no one thing more . at the council of nice , saith theodores , three hundred and eighteen arch-priests were present . were it the meaning of the council of carthage , that the title of chief-priest , and such like , ought not in any sort at all to be given unto any christian bishop , what excuse should we make for so many antient , both fathers , and synods of fathers , as have generally applyed the title of arch-priest unto every bishop's office ? high time i think it is , to give over the obstinate defence of this most miserable , forsaken cause ; in the favour whereof , neither god , nor , amongst so many wise and vertuous men as antiquity hath brought forth , any one can be found to have hitherto directly spoken . irksome confusion must of necessity be the end whereunto all such vain an ungrounded confidence doth bring , as hath nothing to bear it out , but only an excessive measure of bold and peremptory words , holpen by the start of a little time , before they came to be examined . in the writings of the antient fathers , there is not any thing with more serious asseveration inculcated , than that it is god which maketh bishops , that their authority hath divine allowance , that the bishop is the priest of god , that he is judge in christ's stead , that , according to god's own law , the whole christian fraternity standeth bound to obey him . of this there was not in the christian world of old any doubt or controversie made ; it was a thing universally every where agreed upon . what should move men to judge that now so unlawful and naught , which then was so reverently esteemed ? surely no other cause but this , men were in those times times meek , lowly , tractable , willing to live in dutiful aw and subjection unto the pastors of their souls : now , we imagin our selves so able every man to teach and direct all others , that none of us can brook it to have superiours ; and , for a mask to hide our pride , we pretend falsely the law of christ , as if we did seek the execution of his will , when in truth we labour for the meer satisfaction of our own against his . xvii . the chiefest cause of disdain and murmure against bishops in the church of england , is , that evil-affected eye wherewith the world looked upon them , since the time that irreligious prophaneness , beholding the due and just advancements of gods clergy hath under pretence of enmity unto ambition and pride , proceeded so farr , that the contumely of old offered unto aaron in the like quarrel , may seem very moderate and quiet dealing , if we compare it with the fury of our own times . the ground and original of both their proceedings , one and the same ; in declaration of their grievances they differ not ; the complaints as well of the one as the other are , wherefore lift ye up your selves thus farr above the congregation of the lord ? it is too much which you take upon you , too much power , and too much honour . wherefore , as we have shewed , that there is not in their power any thing unjust or unlawful , so it resteth that in their honour also the like be done . the labour we take unto this purpose is by so much the harder , in that we are forced to wraftle with the stream of obstinate affection , mightily carried by a wilful prejudice , the dominion whereof is so powerful over them in whom it reigneth , that it giveth them no leave , no not so much as patiently to hearken unto any speech which doth not profess to feed them in this their bitter humour . notwithstanding , for as much as i am perswaded , that against god they will not strive , if they perceive once that in truth it is he against whom they open their mouths , my hope is their own confession will be at the length , behold we have done exceeding foolishly , it was the lord , and we know it not , him in his ministers we have despised , we have in their honour impugned his . but the alteration of men's hearts must be his good and gracious work , whose most omnipotent power framed them . wherefore to come to our present purpose , honour is no where due , saving only unto such as have in them that whereby they are sound , or at the least presumed , voluntarily beneficial unto them of whom they are honoured . wheresoever nature seeth the countenance of a man , it still presumeth , that there is in him a minde willing to do good , if need require , inasmuch as by nature so it should be ; for which cause men unto men do honor , even for very humanity sake . and unto whom we deny all honor , we seem plainly to take from them all opinion of human dignity , to make no account or reckoning of them , to think them so utterly without vertue , as if no good thing in the world could be looked for at their hands . seeing therefore it seemeth hard , that we should so hardly think of any man , the precept of st. peter is , honor all men . which duty of every men towards all , doth vary according to the several degrees whereby they are more and less beneficial , whom we do honor . honor the physician , saith the wiseman . the reason why , because for necessities sake , god created him . again , thou shalt rise up before the beary head , and honor the person of the aged . the reason why , because the younger sort have great benefit by their gravity , experience and wisdom , for which cause , these things the wiseman termeth the crown or diadem of the aged . honor is due to parents : the reason why , because we have our beginning from them ; obey the father that hath begotten thee , the mother that bare thee despise thou nor . honor due unto kings and governors : the reason why , because god hath set them for the punishment of evil doers , and for the praise of them that do well , thus we see by every of these particulars , that there is always some kinde of vertue beneficial , wherein they excel , who receive honor ; and that degrees of honor are distinguished , according to the value of those effects which the same beneficial vertue doth produce . nor is honor only an inward estimation , whereby they are reverenced , and well thought of in the mindes of men ; but honor , whereof we now speak , is defined to be an external sign , by which we give a sensible testification , that we acknowledge the beneficial vertue of others . sarah honored her husband abraham ; this appeareth by the title she gave him . the brethren of ioseph did him honor in the land of egypt ; their lowly and humble gesture sheweth it . parents will hardly perswade themselves that this intentional honor , which reacheth no farther than to the inward conception only , is the honor which their children owe them . touching that honor which , mystically agreeing unto christ , was yielded literally and really unto solomon ; the words of the psalmist concerning it are , unto him they shall give of the gold of sheba , they shall pray for him continually , and daily bless him . weigh these things in themselves , titles , gestures , presents , other the like external signs wherein honor doth consist , and they are matters of no great moment . howbeit , take them away , let them cease to be required , and they are not things of small importance , which that surcease were likely to draw after it . let the lord maior of london , or any other unto whose office honor belongeth , be deprived but of that title which in itself is a matter of nothing ; and suppose we that it would be a small maim unto the credit , force , and countenance of his office ? it hath not without the singular wisdom of god been provided , that the ordinary outward tokens of honor should for the most part be in themselves things of mean account ; for to the end they might easily follow as faithful testimonies of that beneficial vertue whereunto they are due , it behoved them to be of such nature , that to himself no man might over-eagerly challenge them , without blushing ; not any man where they are due withhold them , but with manifest appearance of too great malice or pride . now , forasmuch as , according to the antient orders and customs of this land , as of the kingdom of israel , and of all christian kingdoms through the world , the next in degree of honor unto the chief soveraign , are , the chief prelates of god's church ; what the reason hereof may be ; it resteth next to be enquired . xviii . other reason there is not any , wherefore such honor hath been judged due , saving only that publick good which the prelates of god's clergy are authors of : for i would know , which of these things it is whereof we make any question , either that the favour of god is the chiefest pillar to bear up kingdoms and states ; or , that true religion publickly exercised , is the principal mean to retain the favour of god ; or , that the prelates of the church are they , without whom the exercise of true religion cannot well and long continue ? if these three be grented , then cannot the publick benefit of prelacy be dissembled . and of the first or second of these , i look not for any profest denyal : the world at this will blush , not to grant at the leastwise in word as much as a heathens themselves have of old with most earnest asseveration acknowledged , concerning the force of divine grace in upholding kingdoms . again , though his mercy doth so farr strive with mens ingratitude , that all kinde of publick iniquities deserving his indignation , their safety is , through his gracious providence , many times neverthelesse continued , to the end that amendment might , if it were possible , avert their envy : so that as well common-weals , as particular persons , both may and do endure much longer , when they are careful , as they should be , to use the most effectual means of procuring his favour , on whom their continuance principally dependeth : yet this point no man will stand to argue , no man will openly arm himself to enter into set disputation against the emperors theodosius and valentinian , for making unto their laws concerning religion , this preface , b decere arbitramur nostrum imperium , subditos nostros de religione commonefacere . ita enim & plenicrem adquiri dei ac salvatoris nostri iesu christi benignitatem possibile esse existimamus , si quando & nos pro viribus ipsi placere studuerimus , & nostros subditos ad eam rem instituerimus : or against the emperor iustinian , for that he also maketh the like profession , c per sanctissimas ecclessias & nostrum imperium sustineri , & communes res elementissimi dei gratia muniri , credimus . and in another place , d certissimè credemus , quia sacerdotum puritas & de●●●● & ad dominum deum salvatorem nostrum iesuis christum fervor , & ab ipsis missa perpetua preces , maltum favorem nostra reipublica & incrementum praebent . wherefore onely the last point is that which men will boldly require us to prove ; for no man feareth now to make it a question , whether the prelacy of the church be any thing available or no , to effect the good and long continuance of true religion ? amongst the principal blessings wherewith god enriched israel , the prophet in the psalm acknowledgeth especially this for one , thou didst lead thy people like sheep by the hands of moses and aaron . that which sheep are , if pastors be wanting ; the same are the people of god , if so be they want governors : and that which the principal civil governors are , in comparison of regents under them ; the same are the prelates of the church , being compared with the rest of god's clergy . wherefore inasmuch as amongst the jews , the benefit of civil government grew principally from moses , he being their principal civil governor ; even so the benefit of spiritual regiment grew from aaron principally , he being in the other kinde of their principal rector , although even herein subject to the soveraign dominion of moses . for which cause , these two alone are named as the heads and well-springs of all . as for the good which others did in service either of the common-wealth , or of the sanctuary , the chiefest glory thereof did belong to the chiefest governors of the one sort , and of the other , whose vigilant care and oversight kept them in their cue order . bishops are now , is high-priests were then , inregard of power over other priests , and in respect of subjection unto high-priests : what priests were then , the same now presbyters are , by way of their place under bishops : the ones authority therefore being so profitable , how should the others be thought unnecessary . is there any man professing , christian religion , which holdeth it not as a maxim , that the church of jesus christ did reap a singular benefit by apostolical regiment , not only for other respects , but even in regard of that prelacy , whereby they had and exercised power of jurisdiction over lower guides of the church ? preciates are herein the apostles successors , as hath been proved . thus we see , that prelacy must needs be acknowledged exceedingly beneficial in the church : and yet for more perspicuities sake , it shall not be pains superstuously taken , if the manner how be also declared at large . for this one thing , not understood by the vulgar sort , causeth all contempt to be offered unto higher powers , not only ecclesiastical , but civil : whom when proud men have disgraced , and are therefore reproved by such as carry some dutiful affection of minde , the usual apologies which they make for themselves , are these : what more vertue in these great ones , than in others ? we see no such eminent good which they do above other mon. we grant indeed , that the good which higher governors do , is not so immediate and near unto every of us , as many times the meane : labours of others under them , and this doth make it to be less esteemed . but we must note , that it is in this case , as in a ship ; he that fitteth at the stern is quiet , he moveth not , he seemeth in a manner to do little or nothing , in comparison of them that sweat about other toil , yet that which he doth is in value and force more than all the labours of the residue laid together . the influence of the heavens above , worketh infinitely more to our good , and yet appeareth not half so sensible as the force doth of things below . we consider not what it is which we reap by the authority of our chiefest spiritual governors , not are likely to enter into any consideration thereof , till we want them , and that is the cause why they are at our hands so unthankfully rewarded . authority is a constraining power ; which power were needless , if we were all such as we should be , willing to do the things we ought to do without constraint . but , because generally we are otherwise , therefore we all reap singular benefit by that authority which permitteth no men , though they would , to slack their duty . it doth not suffice , that the lord of an houshold appoint labourers what they should do , unless he set over them some chief workman to see they do it . constitutions and canons made for the ordering of church-affairs , are dead task-masters . the due execution of laws spiritual dependeth most upon the vigilant care of the chiefest spiritual governors , whose charge is to see that such laws be kept by the clergy and people under them : with those duties which the law of god , and the ecclesiastical canons require in the clergy , lay-governors , are neither for the most part so well acquainted , nor so deeply and nearly touched . requisite therefore it is , that ecclesiastical persons have authority in such things . which kinde of authority , maketh them that have it prelates . if then it be a thing confest , as by all good men it needs must be , to have prayers read in all churches , to have the sacraments of god administred , to have the mysteries of salvation painfully taught , to have god every where devoutly worshipped , and all this perpetually , and with quietness , bringeth unto the whole church , and unto every member thereof , inestimoble good ; how can that authority , which hath been proved the ordinance of god for preservation of these duties in the church , how can it choose but deserve to be held a thing publickly most beneficial ? it were to be wished , and is to be laboured for , as much as can be , that they who are set in such rooms , may be furnished with honourable qualities and graces , every way fit for their galling : but , be they otherwise , howsoever so long as they are in authority , all men reap some good by them , albeit not so much good , as if they were abler men . there is not any amongst us all , but is a great deal more apt to exact another man's duty , than the best of us is to discharge exactly his own , and therefore prelates , although neglecting many ways their duty unto god and men , do notwithstanding by their authority great good , in that they keep others at the leastwise in some awe under them . it is our duty therefore in this consideraton , to honor them that rule as prelates ; which office if they discharge well , the apostles own verdict is , that the honor they have , they be worthy of , yea , though it were double : and if their government be otherwise , the judgement of sage men hath ever been this , that albeit the dealings of governors be culpable , yet honourable they must be , in respect of that authority by which they govern . great caution must be used , that we neither be emboldned to follow them in evil , whom for authorities sake we honor ; nor induced in authority to dishonor them , whom as examples we may not follow . in a word , not to dislike sin , though it should be in the highest , were unrighteous meekness ; and proud righteousness it is to contemn or dishonor highness , though it should be in the sinfullest men that live . but so hard it is to obtain at our hands , especially as now things stand , the yielding of honor to whom honor in this case belongeth , that by a brief declaration only , what the duties of men are towards the principal guides and pastors of their souls , we cannot greatly hope to prevail , partly for the malice of their open adversaries , and partly for the cunning of such as in a sacrilegious intent work their dishonor under covert , by more mystical and secret means . wherefore requisite , and in a manner necessary it is , that by particular instances we make it even palpably manifest , what singular benefit and use publick , the nature of prelates is apt to yield . first , no man doubteth , but that unto the happy condition of common-weals , it is a principal help and furtherance , when in the eye of foreign states ; their estimation and credit is great . in which respect , the lord himself commending his own laws unto his people , mentioneth this as a thing not meanly to be accounted of , that their careful obedience yielded thereunto , should purchase them a great good opinion abroad , and make them every where famous for wisdom . fame and reputation groweth especially by the vertue , not of common ordinary persons , but of them which are in each estate most eminent , by occasion of their higher place and calling . the mean man's actions , be they good or evil , they reach not farr , they are not greatly enquired into , except perhaps by such as dwell at the next door ; whereas men of more ample dignity , are as cities on the tops of hills , their lives are viewed a farr off ; so that the more there are which observe aloof what they do , the greater glory by their well-doing they purchase , both unto god whom they serve , and to the state wherein they live . wherefore if the clergy be a beautifying unto the body of this common-weal in the eyes of foreign beholders ; and if in the clergy , the prelacy be most exposed unto the world's eye , what publick benefit doth grow from that order , in regard of reputation thereby gotten to the land from abroad , we may soon conjecture . amongst the jews ( their kings excepted , ) who so renowned throughout the world , as their high-priest ? who so much , or so often spoken of , as their prelates ? . which order is not for the present only the most in sight , but for that very cause also the most commended unto posterity : for if we search those records wherein there hath descended from age to age , whatsoever notice and intelligence we have of those things which were before us , is there any thing almost else , surely not any thing so much kept in memory , as the successions , doings , sufferings , and affairs of prelates . so that either there is not any publick use of that light which the church doth receive from antiquity ; or if this be absurd to think , then must we necessarily acknowledge our selves beholden more unto prelates , than unto others their inferiours , for that good of direction which ecclesiastical actions recorded do always bring . . but to call home our cogitations , and more inwardly to weigh with our selves , what principal commodity that order yieldeth , or at leastwise is of its own disposition and nature apt to yield ; kings and princes , partly for information of their own consciences , partly for instruction what they have to do in a number of most weighty affairs , intangled with the cause of religion , having , as all men know , so usual occasion of often consultations and conferences with their clergy ; suppose we , that no publick detriment would follow , upon the want of honorable personages ecclesiastical to be used in those cases ? it will be haply said , that the highest might learn to stoop , and not to disdain the advice of some circumspect , wise , and vertu●us minister of god ; albeit the ministery were nor by such degrees distinguished . what princes in that case might or should do , it is not material . such difference being presupposed therefore , as we have proved already to have been the ordinance of god , there is no judicious man will ever make any question or doubt , but that fit and direct it is , for the highest and chiefest order in god's clergy , to be imployed before others , about so near and necessary offices as the sacred estate of the greatest on earth doth require . for this cause ioshua had eliazer ; david , abiathar ; constantine , hosius bishop of cor●nba ; other emperors and kings their prelates , by whom in private ( for with princes this is the most effectual way of doing good ) to be adminished , counselled , comforted , and , if need were , reproved . whensoever sovereign rulers are willing to admit these so necessary private conferences for their spiritual and ghostly good , inasmuch as they do for the time while they take advice , grant a kinde of superiority unto them of whom they receive it , albeit haply they can be contented , even so farr to bend to the gravest and chiefest persons in the order of god's clergy , yet this of the very best being rarely and hardly obtained , now that there are whos 's greater and higher callings do somewhat more proportion them unto that ample conceit and spirit , wherewith the minde of so powerable persons we possessed ; what should we look for in case god himself not authorizing any by miraculous means , as of old he did his prophets , the equal meaness of all did leave , in respect of calling , no more place of decency for one , then for another to be admitted ? let unexperienced wits imagin what pleaseth them , in having to deal with so great personages , these personal differences are so necessary , that there must be regard had of them . . kingdoms being principally ( next unto god's almightiness , and the soveraignty of the highest under god ) upheld by wisdom ; and by valour , as by the chiefest human means to cause continuance in safety with honor ( for the labors of them who attend the service of god , we reckon as means divine , to procure our protection from heavens , ) from hence it riseth , that men excelling in either of these , or descending from such , as for excellency either way have been enobled , or possesing howsoever the rooms of such as should be in politick wisdom , or in martial prowess eminent , are had in singular recommendation . notwithstanding , because they are by the state of nobility great , but not thereby made inclinable to good things ; such they oftentimes prove even under the best princes ; as under david certain of the jewish nobility were . in polity and council the world had not achitophels equal , nor hell his equal in deadly malice . ioab the general of the host of israel , valiant , industrious , fortunate in warr ; but withal head-strong , cruel , treacherous , void of piety towards god ; in a word , so conditioned , that easie it is not to define , whether it were for david harder to miss the benefit of his war-like hability or to bear the enormity of his other crimes . as well for the cherishing of those vertues therefore , wherein if nobility do chance to flourish , they are both an ornament and a stay to the common-wealth wherein they live ; as also for the bridling of those disorders , which if they loosly run into , they are by reason of their greatness dangerous ; what help could thereever have been invented more divine , than the sorting of the clergy into such degrees , that the chiefest of the prelacy being matched in a kinde of equal yoke , as it were , with the higher , the next with the lower degree of nobility , the reverend authority of the one , might be to the other as a courteous bridle , a mean to keep them lovingly in aw that are exorbitant , and to correct such excesses in them , as whereunto their courage , state , and dignity maketh them over-prone ? o that there were for encouragement of prelates herein , that lactimation of all christian kings and princes towards them , which sometime a famous king of this land either had , or pretended to have , for the countenancing of a principal prelate under him , in the actions of spiritual authority . let my lord archbishop know , ( saith he ) that if a bishop , or earl , or any other great person , yea , if my own chosen son , shall presume to withstand , or to hinder his will and disposition , whereby he may be with-held from performing the work of the embass age committed unto him ; such a one shall finde , that of his contempt i will shew my self no less a persecutor and revenger , than if treason were committed against mine own very crown and dignity , sith therefore by the fathers and first founders of this common-weal , it hath , upon great experience and fore-cast , been judged most for the good of all sorts , that as the whole body politick wherein we live , should be for strengths sake a three-fold cable , consisting of the king as a supreme head over all , of peers and nobles under him , and of the people under them ; so likewise , that in this conjunction of states , the second wreath of that cable should , for important respects , consist , as well of lords spiritual as temporal : nobility and prelacy being by this mean twined together , how can it possibly be avoided , but that the tearing away of the one , must needs exceedingly weaken the other , and by consequent impair greatly the good of all ? . the force of which detriment there is no doubt , but that the common sort of men would feel to their helpless wo , how goodly a thing soever they now surmise it to be , that themselves and their godly teachers did all alone , without controulment of their prelate : for if the manifold jeopardies whereto a people destitute of pastors is subject , be unavoidable without government , and if the benefit of government , whether it be ecclesiastical or civil , do grow principally from them who are principal therein , as hath been proved out of the prophet , who albeit the people of israel had sundry inferior governors , ascribeth not unto them the publick benefit of government , but maketh mention of moses and aaron only , the chief prince , and chief prelate , because they were the well-spring of all the good which others under then did ; may we not boldly conclude , that to take from the people their prelate , is to leave them in effect without guides , at leastwise , without those guides which are the strongest hands that god doth direct them by ? then didst lead thy people like sheep , saith the prophet , by the hands of moses and aaron . if now there arise any matter of grievances between the pastor and the people that are under him , they have their ordinary , a judge indifferent to determine their causes , and to end their strife . but in case there were no such appointed to sit , and to hear both , what would then he end of their quarrels ? they will answer perhaps , that for purposes , their synids shall serve . which is , as if in the common-wealth , the higher magistrates being removed , every township should be a state , altogether free and independent ; and the controversies which they cannot end speedily within themselves , to the contentment of both parties , should be all determined by solemn parliaments . mercipul god! where is the light of wit and judgement , which this age doth so much vaunt of , and glory in , when unto these such odd imaginations , so great , not only assent , but also applause , is yielded ? . as for those in the clergy , whose place and calling is lower ; were i● not that their eyes are blinded , lest they should see the thing , that , of all others , is for their good most effectal , somewhat they might consider the benefit which they enjoy by having such in authority over them , as are of the self-same profession , society , and body with them ; such as have trodden the same steps before ; such as know by their own experience , the manifold intolerable contempts and indignities which faithful pastors , intermingled with the multitude , are constrained every day to suffer in the exercise of their spiritual charge and function , unless their superiours , taking their causes even to heart , be , by a kinde of sympathy , drawn to relieve and aid them in their vertuous proceedings , no less effectually , than loving parents their dear children . thus therefore prelacy being unto all sorts so beneficial , ought accordingly to receive honor at the hands of all : but we have just cause exceedingly to fear , that those miserable times of confusion are drawing on , wherein the people shall be oppressed one of another , inasmuch as already that which prepareth the way thereunto is come to pass , children presume against the antient , and the vile against the honorable : prelacy , the temperature of excesses in all estates , the glew and soder of the publick weal , the ligament which tieth and connecteth the limbs of this bodie politick each to other , hath instead of deserved honor , all extremity of disgrace ; the foolish every where plead , that unto the wise in heart they owe neither service , subjection , not honor . xix . now that we have laid open the causes for which honor is due unto prelates , the next thing we are to consider is , what kindes of honor be due . the good government either of the church , or the common-wealth , dependeth scarcely on any one external thing , so much as on the publick marks and tokens , whereby the estimation on that governours are in , is made manifest to the eyes of men . true it is , that governors are to be esteemed according to the excellency of their vertues ; the more vertous they are , the more they ought to be honored , if respect be had unto that which every man should voluntarily perform unto his superiors . but the question is now , of that honor which publick order doth appoint unto church-governors , in that they are governors ; the end whereof is , to give open sensible testimony , that the place which they hold is judged publickly in such degree beneficial , as the marks of their excellency , the honors appointed to be done unto them , do import . wherefore this honor we are to do them , without presuming our selves to examine how worthy they are ; and withdrawing it , if by us they be thought unworthy . it is a note of that publick judgement which is given of them ; and therefore not tolerable that men in private , should , by refusal to do them such honor , reverse as much as in them lyeth , the publick judgement . if it deserve so grievous punishment , when any particular person adventureth to deface those marks whereby is signified what value some small piece of coyn is publickly esteemed at ; is it sufferable that honors , the character of that estimation which publickly is had of publick estates and callings in the church , or common-wealth , should at every man's pleasure be cancelled ? let us not think that without most necessary cause , the same have been thought expedient . the first authors thereof were wise and judicious men ; they knew it a thing altogether impossible , for each particular in the multitude to judge what benefit doth grow unto them from their prelates , and thereunto uniformly to yield them convenient honor . wherefore that all sorts might be kept in obedience and awe , doing that unto their superiors of every degree , not which every man 's special fancy should think meet , but which being before-hand agreed upon as meet , by publick sentence and decision , might afterwards stand as a rule for each in particular to follow ; they found that nothing was more necessary , than to allet unto all degrees their certain honor , as marks of publick judgement , concerning the dignity of their places ; which mark , when the multitude should behold , they might be thereby given to know , that of such or such restimation their governors are , and in token thereof , do carry those notes of excellency . hence it groweth , that the different notes and signs of honor , do leave a correspondent impression in the mindes of common beholders . let the people be asked ; who are the chiefest in any kinde of calling ? who whost to be listned unto ? who of greatest account and reputation ? and see if the very discourse of their mindes , lead them not unto those sensible marks , according to the difference whereof they give their suitable judgement , esteeming them the worthiest persons who carry the principal note , and publick mark of worthiness . if therefore they see in other estates a number of tokens sensible , whereby testimony is given what account there is publickly made of them , but no such thing in the clergy ; what will they hereby , or what can they else conclude , but that where they behold this , surely in that common-wealth , religion , and they that are conversant about it , are not esteemed greatly beneficial ? whereupon in time , the open contempt of god and godliness must needs ensue : qui bona fide dcos colit , amat & sacerdotes , saith papenius . in vain doth that kingdom or common-wealth pretend zeal to the honor of god , which doth not provide that his clergy also may have honor . now if all that are imployed in the service of god , should have one kinde of honor , what more confused , absurd , and unseemly ? wherefore in the honor which hath been allotted unto god's clergy , we are to observe , how not only the kindes thereof , but also in every particular kinde , the degrees do differ . the honor which the clergy of god hath hitherto enjoyed , consisteth especially in prcheminence of title , place , ornament , attendance , priviledge , endowment . in every of which it hath been evermore judge meet , that there should be no small odds between prelates , and the inferior clergy . xx. concerning title , albeit even as under the law , all they whom god had sesevered to offer him sacrifice , were generally termed priests ; so likewise the name of pastor or presbyter , be now common unto all that serve him in the ministery of the gospel of jesus christ : yet both then and now , the higher orders as well of the one sort as of the other , have by one and the same congruity of reason , their different titles of honor , wherewith we since them in the phrase of ordinary speech exalted above others . thus the heads of the twenty four companies of priests , are in scripture termed arch-priests ; aaron and the successors of aaron being above those arch-priests ; themselves are in that respect further intituled , high ang great . after what sort antiquity hath used to stile christian bishops , and to yield them in that kinde honor more than were meet for inferior pastors ; i may the better omit to declare , both because others have sufficiently done it already , and , in so sleight a thing , it were but a loss of time to bestow further travel . the allegation of christ's prerogative to be named an arch-pastor simply , in regard of his absolute excellency over all ● is no impediment , but that the like title in an unlike signification , may be granted unto others besides him , to note a more limited superiority , whereof men are capable enough , without derogation from his glory , than which nothing is more soveraign . to quarrel at syllables , and to take so poor exceptions at the first four letters in the name of an archbishop , as if they were manifestly stollen goods , whereof restitutions ought to be made to the civil magistrate , toucheth no more the prelates that now are , than it doth the very blessed apostle , who giveth unto himself the title of an arch-builder . as for our saviours words , alledged against the stile of lordship and grace , we have before sufficiently opened how farr they are drawn from their natural meaning , to houlster up a cause which they nothing at all concern . bishop theodoret entituleth most honoarable . emperors writing unto bishops , have not disdained to give them their appellations of honor , your holiness , your blessedness , your amplitude , your highness , and the like : such as purposely have done otherwise , are noted of insolent singularity and pride . honor done by giving preheminence of place unto one sort before another , is for decency , order , and quietness-sake so needful , that both imperial laws and canons ecclesiastical , have made their special provisions for it . our saviour's invective against the vain affectation of superiority , whether in title , or in place , may not hinder these seemly differences usual in giving and taking honor , either according to the one , or the other . some thing there is even in the ornaments of honor also : otherwise idle it had been for the wiseman speaking of aaron , to stand so much upon the circumstance of his priestly attire , and to urge it as an argument of such dignity and greatness in him : an everlasting covenant god made with aaron , and gave him the priesthood among the people , and made him blessed through his comely ornament , and cloathed him with the garment of honor. the robes of a judge do not adde to his vertue ; the chiefest ornaments of kings is justice ; holiness and purity of conversation doth much more adorn a bishop , than his peculiar form of cloathing . notwithstanding , both judges , through the garments of judicial authority ; and through the ornaments of soveraignty , princes ; yea , bishops through the very attire of bishops , are made blessed , that is to say , marked and manifested they are to be such , as god hath poured his blessing upon , by advancing them above others , and placing them where they may do him principal good service . thus to be called is to be blessed , and therefore to be honored with the signs of such a calling , must needs be in part a blessing also ; for of good things , even the signs are good . of honor ; another part is attendancy ; and therefore in the visions of the glory of god , angels are spoken of as his attendants . in setting out the honor of that mystical queen , the prophet mentioneth the virgin-ladies which waited on her . amongst the tokens of solomons honourable condition , his servants and waiters , the sacred history omitteth not . this doth prove attendants a part of honor : but this as yet doth not shew with what attendancy prelates are to be honored . of the high-priests retinue amongst the jews , somewhat the gospel it self doth intimate : and , albeit our saviour came to minister , and not , as the jews did imagine their messias should , to be ministred unto in this world , yet attended on he was by his blessed apostles , who followed him not only as scholars , but even as servants about him . after that he had sent them , as himself was sent of god , in the midst of that hatred and extreme contempt which they sustained at the world's hands ; by saints and believers this part of honor was most plentifully done unto them . attendants they had provided in all places where they went ; which custom of the church was still continued in bishops , their successors , as by ignatius it is plain to be seen . and from hence no doubt , those acolyths took their beginning , of whom so frequent mention is made ; the bishops attendants ; his followers they were : in regard of which service , the name of acolythes seemeth plainly to have been given . the custom for bishops to be attended upon by many , is , as iustinian doth shew , antient : the affairs of regiment , wherein prelates are imployed , make it necessary that they always have many about them , whom they may command , although no such thing did by way of honor belong unto them . some mens judgement is , that if clerks , students , and religious persons were moe , common serving-men and lay-retainers fewer than they are in bishops palaces , the use , and the honor thereof would be much more suitable than now : but these things , concerning the number and quality of persons fit to attend on prelates , either for necessity , or for honors sake , are rather in particular discretion to be ordered , than to be argued of by disputes . as for the vain imagination of some , who teach the original hereof to have been a preposterous imagination of maximinus the emperor , who being addicted unto idolatry , chose of the choisest magistrates to be priests ; and , to the end they might be in great estimation , gave unto each of them a train of followers : and that christian emperors thinking the same would promote christianity , which promoted superstition , endeavoured to make their bishops encounter and match with those idolatrous priests ; such frivolous conceits having no other ground than conceit , we weigh not so much as to frame any answer unto them ; our declaration of the true original of antient attendancy on bishops being sufficient . now , if that which the light of sound reason doth teach to be sit , have , upon like inducements reasonable , allowable and good , approved it self in such wise as to be accepted , not only of us , but of pagans and infidels also ; doth conformity with them that are evil in that which is good , make that thing which is good , evil ? we have not herein followed the heathens , nor the heathens us , but both we end they one and the self-same divine rule , the light of a true and sound understanding , which sheweth what honor is fit for prelats , and what attendancy convenient to be a part of their honor . touching priviledges granted for honor's-sake , partly in general unto the clergy , and partly unto prelates the chiefest persons ecclesiastical in particular : of such quality and number they are , that to make but rehearsal of them , we scarce think it safe , left the very entrails of some of our godly brethren , as they term themselves , should thereat haply burst in sunder . xxi . and yet , of all these things rehearsed , it may be there never would have grown any question , had bishops been honored only thus farr forth . but the honoring of the clergy with wealth , this is in the eyes of them which pretend to seek nothing but mere reformation of abuses , a sin that can never be remitted . how soon , o how soon , might the church be perfect , even without any spot or wrinckle , if publick authority would at the length say amen , unto the holy and devout requests of those godly brethren , who as yet with out-stretched necks , groan in the pangs of their zeal to see the houses of bishops risted , and their so long desired livings gloriously divided amongst the righteous . but there is an impediment , a lett , which somewhat hindreth those good mens prayers from taking effect : they , in whose hands the soveraignty of power and dominion over the church doth rest , are perswaded there is a god ; for undoubtedly either the name of godhead is but a feigned thing ; or , if in heaven there be a god , the saerilegious intention of church-robbers , which lurketh under this plausible name of reformation , is in his sight a thousand times more hateful than the plain professed malice of those very miscreants , who threw their vomit in the open face of our blessed saviour . they are not words of perswasion by which true men can hold their own , when they are over-beset with thieves : and therefore to speak in this cause at all were but labor lost , saving only in respect of them , who being as yet un-joyned unto this conspiracy , may be haply somewhat stayed , when they shall know betimes , what it is to see thieves , and to run on with them , as the prophet in the psalm speaketh , when thou sawest a thief , then thou consentedst with him , and hast been partaker with adulterers . for the better information therefore of men which carry true , honest , and indifferent mindes , these things we will endeavour to make most clearly manifest : first , that in goods and livings of the church , none hath propriety but god himself . secondly , that the honor which the clergy therein hath , is to be , as it were god's receivers , the honor of prelates , to be his chief and principal receivers . thirdly , that from him they have right , not only to receive , but also to use such goods , the lower sort in smaller , and the higher in larger measure . fourthly , that in case they be thought , yea , or found to abuse the same , yet may not such honor be therefore lawfully taken from them , and be given away unto persons of other calling . xxii . possessions , lands , and livings spiritual , the wealth of the clergy , the goods of the church are in such sort the lords own , that man can challenge no propriety in them . his they are , and not ours ; all things are his , in that from him they have their being , a my corn , and my wine , and mine oyl , saith the lord. all things his , in that he hath absolute power to dispose of them at his pleasure . b mine , saith he , are the sheep and oxen of a thousand hills ? all things his , in that when we have them , we may say with iob , god hath given , and when we are deprived of them , the lord , whose they are , hath likewise taken them away again . but these sacred possessions are his by another tenure : his , because those men who first received them from him , have unto him returned them again , by way of religious gift , or oblation : c and in this respect it is , that the lord doth term those houses wherein such gifts and oblations were laid , his treasuries . the ground whereupon men have resigned their own interest in things temporal , and given over the same unto god , is that precept which solomon borroweth from the law of nature , honor the lord out of thy substance , and of the chiefest of all thy revenue : so shall thy barns be filled with plenty , and with new wine , the fat of thy press shall overflow : for although it be by one most fitly spoken against those superstitious persons , who only are scrupulous in external rites ; wilt thou win the favour of god ? he vertuous . they best worship him , that are his followers . it is not the bowing of your knees , but of your hearts ; it is not the number of your oblations , but the integrity of your lives ; not your incense , but your obedience , which god is delighted to be honored by : nevertheless , we must beware , lest simply understanding this , which comparatively is meant ; that is to say , whereas the meaning is , that god doth chiefly respect the inward disposition of the heart , we must take heed we do not hereupon so worship him in spirit , that outwardly we take all worship , reverence , and honor from him . our god will be glorified both of us himself , and for us by others : to others , because our hearts are known , and yet our example is required for their good ; therefore it is not sufficient to carry religion in our hearts , as fire is carried in flint-stones , but we are outwardly , visibly , apparently , to serve and honor the living god ; yea , to employ that way , as not only for our souls , but our bodies ; so not only our bodies , but our goods , yea , the choice , the flower , the chiefest of all thy revenue , saith solomon : if thou hast any thing in all thy possessions of more value and price than other , to what use shouldest thou convert it , rather than to this ? samuel was dear unto hannah his mother : the childe that hannah did so much esteem , she could not but greatly wish to advance ; and her religious conceit was , that the honoring of god with it , was the advancing of it unto honor . the chiefest of the off-spring of men are , the males which be first-born , and , for this cause , in the antient world , they all were by right of their birth priests of the most high. by these and the like precedents , it plainly enough appeareth , that in what heart soever doth dwell unseigned religion , in the same there resteth also a willingness to bestow upon god that soonest , which is most dear . amongst us the law is , that sith gold is the chiefest of mettals , if it be any where found in the bowels of the earth , it belongeth in right of honor , as all men know , to the king : whence hath this custom grown , but onely from a natural perswasion , whereby men judge it decent , for the highest persons alwayes to be honored with the choisest things ? if ye offer unto god the blinde , saith the prophet malachi , it is not evil ; if the lame and sick , it is good enough . present it unto thy prince , and see if he will content himself , or accept thy person , saith the lord of hosts . when abel presented god with an offering , it was the fattest of all the lambs in his whole flock ; he honored god not onely out of his substance , but out of the very chiefest therein , whereby we may somewhat judge , how religiously they stand affected towards god , who grudge that any thing worth the having should be his . long it were to reckon up particularly , what god was owner of under the law : for of this sort was all which they spent in legal sacrifices ; of this sort , their usual oblations and offerings ; of this sort , tythes and fust-fruits ; of this sort , that which by extraordinary occasions they vowed unto god ; of this sort , all that they gave to the building of the tabernacle ; of this sort , all that which was gathered amongst them for the erecting of the temple , and the a adorning of it erected ; of this sort , whatsoever their corban contained , wherein that blessed widow's deodate was laid up . now either this kinde of honor was prefiguratively altogether ceremonial , and then our saviour accepteth it not ; or , if we finde that to him also it hath been done , and that with divine approbation given for encouragement of the world , to shew , by such kinde of service , their dutiful hearts towards christ , there will be no place left for men to make any question at all , whether herein they do well or no. wherefore to descend from the synagogue unto the church of christ , albeit sacrifices , wherewith sometimes god was highly honored , be not accepted as heretofore at the hands of men : a yet , forasmuch as b honor god with thy riches is an edict of the inseparable law of nature , so far forth as men are therein required by such kinde of homage to testifie their thankful mindes , this sacrifice god doth accept still . wherefore , as it was said of christ , that all kings should worship him , and all nations do him service ; so this very● kinde of worship or service was likewise mentioned , lest we should think that our lord and saviour would allow of no such thing . the kings of tarshish , and of the isles shall bring presents , the kings of sheba and seba shall bring gifts . and , as it maketh not a little to the praise of those sages mentioned in the gospel , that the first amongst men which did solemnly honor our saviour on earth were they ; so it soundeth no less to the dignity of this particular kinde , that the rest by it were prevented ; they fell down and worshipped , and opened their treasures , and presented onto him gifts , gold , incense , and mirr● . of all those things which were done to the honor of christ in his life-time , there is not one whereof he spake in such sort , as when mary , to testifie the largeness of her affection , seemed to waste away a gift upon him , the price of which gift might , as they thought who saw it , much better have been spent in works of mercy towards the poor , verily , i say unto you , wheresoever this gospel shall be preached throughout all the world , there shall also this that she hath dont be spoken of , for memorial of her . of service to god , the best works are they which continue longest : and , for permanency , what like donation , whereby things are unto him for ever dedicated ? that the antient lands and livings of the church were all in such sort given into the hands of god by the just lords and owners of them , that unto him they passed over their whole interest and right therein , the form of sundry the said donations as yet extant , most plainly sheweth . and where time hath left no such evidence as now remaining to be seen , yet the same intention is presumed in all donors ; unless the contrary be apparent . but to the end it may yet more plainly appear unto all men under what title the several kinds of ecclesiastical possessions are held , our lord himself ( saith saint augustine ) had coffers to keep those things which the faithful offered unto him . then was the form of the church-treasury first instituted , to the end , that withal we might understand that in forbidding to be careful for to morrow , his purpose was not to bar his saints from keeping money , but to with-draw them from doing god service for wealth 's sake , and from for saking righteousness through fear of losing their wealth . the first gifts consecrated unto christ after his departure out of the world were summes of money , in process of time other moveables were added , and at length goods unmoveable , churches and oratories hallowed to the honor of his glorious name , houses and lands for perpetuity conveyed unto him , inheritance given to remain his as long as the world should endure . the apostles ( saith melchiades ) they foresaw that god would have his church amongst the gentiles , and for that cause in iudea they took no lands , but price of lands sold. this he conjectureth to have been the cause why the apostles did that which the history reporteth of them . the truth is , that so the state of those times did require , as well other where , as in iudea : wherefore when afterwards it did appear much more commodious for the church , to dedicate such inheritances ; then , the value and price of them being sold , the former custom was changed for this , as for the better . the devotion of constantine herein all the world , even till this very day , admireth : they that lived in the prime of the christian world , thought no testament christianly made , nor any thing therein well bequeathed , unless something were thereby added unto christ's patrimony : touching which men , what judgement the world doth now give , i know not ; perhaps we deem them to have been herein but blinde and superstitious persons . nay , we in these cogitations are blinde ; they contrariwise did with solomon plainly know and perswade themselves , that thus to diminish their wealth , was not to diminish , but to augment it ; according to that which god doth promise to his own people , by the prophet malachi , and which they by their own particular experience sound true : if wickliff therefore were of that opinion which his adversaries ascribe unto him ( whether truly , or of purpose to make him odious , i cannot tell , for in his writings i do not finde it ) namely , that constantine , and others following his steps did evil , as having no sufficient ground whereby they might gather , that such donations are acceptable to iesus christ , it was in wickless a palpable error . i will use but one onely argument to stand in the stead of many : iacob taking his journey unto haran , made in this sort his solemn vow , if god will be with me , and will keep me in this iourney which i go , and will give me bread to eat , and cloathes to put on , so that i come again to my fathers house in safety ; then shall the lord be my god , and this stone which i have set up a pillar shall be the house of god , and of all that thou shall give me , will i give the tenth unto thee . may a christian man desire as great things as iacob did at the hands of god ? may he desire them in as earliest manner ? may he promise as great thankfulness in acknowledging the goodness of god ? may he vow any certain kinde of publick acknowledgment before hand ; or , though he vow it not , perform it after , in such sort that men may see he is perswaded how the lord hath been his god ? are these particular kindes of testifying thankfulness to god , the erecting of oratories , the dedicating of lands and goods to maintain them , forbidden any where ? let any mortal man living shew but one reason , wherefore in this point to follow iacob's example , should not be a thing both acceptable unto god , and in the eyes of the world for ever most highly commendable ? concerning goods of this nature , goods whereof when we speak , we term them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the goods that are consecrated unto god ; and , as tertullian speaketh , deposit a pietatis , things which piety and devotion hath laid up , as it were in the bosom of god : touching such goods , the law civil following mere light of nature , defineth them to be no mans , because no mortal man , or community of men , hath right of propriety in them . xxiii . persons ecclesiastical are god's stewards , not onely for that he hath set them over his family , as the ministers of ghostly food ; but even for this very cause also , that they are to receive and dispose his temporal revenues , the gifts , and oblations which men bring him . of the jews it is plain , that their tyths they offered unto the lord , and those a offerings the lord bestowed upon the levites . when the levites gave the tenth of their tythes , this their gift the law doth term the lord's heave-offering , and b appoint that the high-priest should receive the same . c of spoils taken in war , that part which they were accustomed to separate unto god , they brought it before the priest of the lord , by whom it was laid up in the tabernacle of the congregation , for a memorial of their thankfulness towards god , and his goodness towards them , in fighting for them against their enemies . as therefore the apostle magnifieth the honor of melchisedec , in that he being an high-priest , did receive at the hands of abraham the tyths which abraham did honor god with : so it argueth in the apostles themselves great honor , that at their feet the price of those possessions was laid , which men thought good to bestow on christ. d st. paul commending the churches which were in macedonia , for their exceeding liberality this way , saith of them , e that he himself would bear record , they had declared their forward mindes , according to their power , yea , beyond their power , and had so much exceeded his expectation of them ; that they seemed as it were even to give away themselves first to the lord , saith the apostle , and then by the will of god unto us : to him , as the owner of such gifts ; to us , as his appointed receivers and dispensers . the gift of the church of antioch , bestowed unto the use of distressed brethren which were in iudea , paul and baruabar did deliver unto the presbyters of ierusalem ; and the head of those presbyters was iames , he therefore the chiefest disposer thereof . amongst those canons which are entituled apostolical , one is this , we appoint , that the bishop have care of these things which belong to the church ; the meaning is , of church-goods , as the reason following sheweth : for if the precious souls of men must be committed unto him of trust , much more it beloveth the charge of money to be given him , that by his authority the presbyters and deacons may administer all things to them that stand in need . so that he which hath done them the honor to be , as it were , his treasurers , hath left them also authority and power to use these his treasures , both otherwise , and for the maintenance even of their own estate ; the lower sort of the clergy , according unto a meaner ; the higher , after a larger proportion . the use of spiritual goods and possessions , hath been a matte● much disputed of , grievous complaints there are usually made against the evil and unlawful usage of them , but with no certain determination hitherto , on what things and persons ; with what proportion and measure they being bestowed , do retain their lawful use . some men condemn it as idle , superfluous , and altogether vain , that any part of the treasure of god should be spent upon costly ornaments , appertaining unto his service : who being best worshipped , when he is served in spirit and truth , hath not for want of pomp and magnificence , rejected at any time those who with faithful hearts have adored him . whereupon the hereticks , termed henriciani and petrobusiani , threw down temples and houses of prayer , erected with marvellous great charge , as being in that respect not fit for christ by us to be honored in . we deny not , but that they who sometime wandred as pilgrims on earth , and had no temples , but made caves and dens to pray in , did god such honor as was most acceptable in his sight ; god did not reject them for their poverty and nakedness sake : their sacraments were not abhorred for want of vessels of gold. howbeit , let them who thus delight to plead , answer me , when moses first , and afterwards david , exhorted the people of israel unto matter of charge about the service of god ; suppose we it had been allowable in them to have thus pleaded , our fathers in egypt served god devoutly , god war with them in all their afflictions , he heard their prayers , pitied their case , and delivered them from the tyranny of their oppressors ; what house , tabernacle , or temple had they ? such argumentations are childish and fond ; god doth not refuse to be honored at all , where there lacketh wealth ; but where abundance and store is , he there requireth the flower thereof , being bestowed on him , to be employed even unto the ornament of his service : in egypt the state of his people was servitude , and therefore his service was accordingly . in the defart they had no sooner ought of their own , but a tabernacle is required ; and in the land of canaan , a temple . in the eyes of david it seemed a thing not fit , a thing not decent , that himself should be more richly seated than god. but concerning the use of ecclesiastical goods bestowed this way , there is not so much contention amongst us , as what measure of allowance is fit for ecclesiastical persons to be maintained with . a better rule in this case to judge things by , we cannot possibly have , than the● wisdom of god himself ; by considering what he thought meet for each degree of the clergy to enjoy in time of the law ; what for levites , what for priests , and what for high-priests , somewhat we shall be the more able to discern rightly , what may be fit , convenient , and right for the christian clergy likewise . priests for their maintenance had those first-fruits of a cattel , b coin , wine , oyl , and c other commodities of the earth , which the jews were accustomed yearly to present god with . they had d the price which was appointed for men to pay in lieu of the first-born of their children , and the price of the first born also amongst cattel , which were unclean : they had the vowed e gifts of the people , or f the prices , if they were redeemable by the donors after vow , as some things were : they had the free , and un-vowed oblations of men : they had the remainder of things sacrificed : with tythes , the levites were maintained ; and with the tythe of their tythes , the high-priest . in a word , if the quality of that which god did assign to his clergy be considered , and their manner of receiving it , without labour , expence , or charge , it will appear , that the tribe of levi being but the twelfth part of israel , had in effect as good as four twelfth parts of all such goods as the holy land did yield : so that their worldly estate was four times as good as any other tribes in israel besides : but the high-priest's condition , how ample ? to whom belonged the tenth of all the tythe of this land , especially the law provicing also , that as the people did bring the best of all things unto the priests and levites , so the levite should deliver the choice and flower of all their commodities to the high-priest , and so his tenth-part by that mean be made the very best part amongst ten : by which proportion , if the levites were ordinarily in all not above thirty thousand men ( whereas when david numbred them , he found almost thirty eight thousand above the age of thirty years ) the high-priest after this very reckoning , had as much as three or four thousand others of the clergy to live upon . over and besides all this , lest the priests of egypt holding lands , should seem in that respect better provided for , than the priests of the true god , it pleased him further to appoint unto them forty and eight whole cities , with territories of land adjoyning , to hold as their own free inheritance for ever . for to the end they might have all kinde of encouragement , not onely to do what they ought , but to take pleasure in that they did : albeit they were expresly forbidden to have any part of the land of canaan laid out whole to themselves , by themselves , in such sort as the rest of the tribes had , forasmuch as the will of god was , rather that they should throughout all tribes be dispersed , for the easier access of the people unto knowledge : yet were they not barred altogether to hold land , nor yet otherwise the worse provided for , in respect of that former restraint ; for god by way of special preheminence , undertook to feed them at his own table , and out of his own proper treasury to maintain them , that want and penury they might never feel , except god himself did first receive injury . a thing most worthy our consideration , is the wisdom of god herein ; for the common sort being prone unto envy and murmur , little considereth of what necessity , use and importance , the sacred duties of the clergy are , and for that cause hardly yieldeth them any such honor , without repining and grudging thereat ; they cannot brook it , that when they have laboured , and come to reap , there should so great a portion go out of the fruit of their labours , and he yielded up unto such as sweat nor for it . but when the lord doth challenge this as his own due , and require it to be done by way of homage unto him , whose mere liberality and goodness had raised them from a poor and servile estate , to place them where they had all those ample and rich possessions , they must be worse than brute beasts , if they would storm at any thing which he did receive at their hands . and for him to bestow his own on his own servants ( which liberty is not denied unto the meanest of men ) what man liveth that can think it other than most reasonable ? wherefore no cause there was , why that which the clergy had , should in any man's eye seem too much , unless god himself were thought to be of an over-having disposition . this is the mark whereat all those speeches drive , levi hath no part nor inheritance with his brethren , the lord is his inheritance , again , to the tribe of levi , he gave no inheritance , the sacrifices of the lord god of israel an inheritance of levi ; again , the tyths of the which they shall offer as an offering unto the lord , i have given the levites for an inheritance ; and again , all the heave-offerings of the holy things which the children of israel shall offer unto the lord , i have given thee , and thy sons , and thy daughters with thee , to be a duty for ever ; it is a perpetual covenant of salt before the lord. now that , if such provision be possible to be made , the christian clergy ought not herein to be inferior unto the jewish , what sounder proof than the apostles own kinde of argument ? do ye not know , that they which minister about the holy things , eat of the things of the temple ? and they which partake of the altar are partakers with the altar ? so , ( even so , ) hath the lord ordained , that they which preach the gospel should live of the gospel . upon which words i thus conclude , that if the people of god do abound , and abounding can so farr forth finde in their hearts to shew themselves towards christ their saviour , thankful as to honor him with their riches ( which no law of god or nature forbiddeth ) no less than the antient jewish people did honor god ; the plain ordinance of christ appointeth as large , and as ample proportion out of his own treasure unto them that serve him in the gospel , as ever the priests of the law did enjoy ? what further proof can we desire ? it is the blessed apostles testimony , that even so the lord hath ordained . yea , i know not whether it be sound to interpret the apostle otherwise than that , whereas he judgeth the presbyters which rule well in the church of christ to be worthy of double honor , he means double unto that which the priests of the law received ; for if that ministry which was of the letter were so glorious , how shall not the ministry of the spirit be more glorious ? if the teachers of the law of moses , which god delivered written with letters in tables of stone , were thought worthy of so great honor , how shall not the teachers of the gospel of christ be in his sight most worthy , the holy ghost being sent from heaven to ingrave the gospel on their hearts who first taught it , and whose successors they that teach it at this day are ? so that according to the ordinance of god himself , their estate for worldly maintenance ought to be no worse than is granted unto other sorts of men , each according to that degree they were placed in . neither are we so to judge of their worldly condition , as if they were servants of men , and at mens hands did receive those earthly benefits by way of stipend in lieu of pains whereunto they are hired : nay that which is paid unto them is homage and tribute due unto the lord christ. his servants they are , and from him they receive such goods by way of stipend . not so from men : for at the hands of men , he himself being honored with such things , hath appointed his servants therewith according to their several degrees and places to be maintained . and for their greater encouragement who are his labourers he hath to their comfort assured them for ever , that they are , in his estimation , worthy the hire which he alloweth them ; and therefore if men should withdraw from him the store , which those his servants that labour in his work are maintained with , yet be in his word shall be found everlastingly true , their labour in the lord shall not be forgotten ; the hire he accounteth them worthy of , they shall surely have either one way or other answered . in the prime of the christian world , that which was brought and laid down at the apostles feet , they disposed of by distribution , according to the exigence of each man's need . neither can we think , that they , who , out of christ's treasury made provision for all others , were careless to furnish the clergy with all things fit and convenient for their estate : and as themselves were chiefest in place of authority , and calling , so no man doubteth , but that proportionably they had power to use the same for their own decent maintenance ▪ the apostles , with the rest of the clergy in ierusalem lived at that time according to the manner of a fellowship , or collegiate society maintaining themselves and the poor of the church with a common purse , the rest of the faithful keeping that purse continually stored . and in that sense it is , that the sacred history saith , all which believed were in one place , and had all things common . in the histories of the church , and in the writings of the antient fathers for some hundreds of years after , we finde no other way for the maintenance of the clergy but onely this , the treasury of jesus christ furnished through mens devotion , bestowing sometimes goods , sometimes lands that way , and out of his treasury the charge of the service of god was de●rayed , the bishop and the clergy under him maintained , the poor in their necessity ministred unto . for which purpose , every bishop had some one of the presbyters under him to be a treasurer of the church , to receive , keep , and deliver all ; which office in churches cathedral remaineth even till this day , albeit the use thereof be not altogether so large now as heretofore . the disposition of these goods was by the appointment of the bishop . wherefore b prosper speaking of the bishops care herein , saith , it was necessary for one to be troubled therewith , to the end that the rest under him might be freer to attend quietly their spiritual businesses . and left any man should imagine , that bishops by this means were hindred themselves from attending the service of god , even herein , saith he , they d● god service ; for if these things which are bestowed on the church be god's ; he doth the work of god , who , not of a covetous minde , but with purpose of most faithful administration , taketh care of things consecrated unto god. and forasmuch as the presbyters of every church could not all live with the bishop , partly for that their number was great , and partly because the people being once divided into parishes , such presbyters as had severally charge of them were by that mean more conveniently to live in the midst each of his own particular flock , therefore a competent number being fed at the same a table with the bishop , the rest had their whole allowance apart , which several allowances were called sportulae , and they who received them , sportulantes fratres . touching the bishop , as his place and estate was higher , so likewise the proportion of his charges about himself , being for that cause in all equity and reason greater ; yet , forasmuch as his stiat herein was no other than it pleased himself to set , the rest ( as the manner of inferiours is to think that they which are over them alwayes have too much ) grudged many times at the measure of the bishops private expence , perhaps not without cause : howsoever , by this occasion , there grew amongst them great heart-burning , quarrel and strife : where the bishops were found culpable , as eating too much beyond their tether , aud drawing more to their own private maintenance than the proportion of christ's patrimony being not greatly abundant could bear , sundry constitutions hereupon were made to moderate the same , according to the churches condition in those times . some before they were made bishops , having been owners of ample possessions , sold them , and gave them away to the poor : b thus did paulinus , hilary , cyprian , and sundry others . hereupon , they , who entring into the same spiritual and high function , held their secular possessions still , were hardly thought of : and even when the case was fully resolved , that so to do was not unlawful , yet it grew a question , whether they lawfully might then take any thing out of the publick treasury of christ ? a question , whether bishops , holding by civil title sufficient to live of their own , were bound in conscience to leave the goods of the church altogether to the use of others . of contentions about these matters there was no end , neither appeared there any possible way for quietness , otherwise than by making partition of church-revenues , according to the several ends and users for which they did serve , that so the bishops part might be certain . such partition being made , the bishop enjoyed his portion several to himself ; the rest of the clergy likewise theirs ; a third part was severed to the furnishing and upholding of the church ; a fourth to the erection and maintenance of houses wherein the poor might have relief . after which separation made , lands and livings began every day to be dedicated unto each use severally , by means whereof every of them became in short time much greater than they had been for worldly maintenance , the fervent devotion of men being glad that this new opportunity was given , of shewing zeal to the house of god in more certain order . by these things it plainly appeareth , what proportion of maintenance hath been ever thought reasonable for a bishop ; sith in that very partition agreed on , to bring him unto his certain stint , as much as allowed unto him alone , as unto all the clergy under him , namely , a fourtli part of the whole yearly rents and revenues of the church . nor is it likely , that , before those temporalities , which now are such eye-sores , were added unto the honour of bishops , their state was so mean , as some imagine : for if we had no other evidence than the covetous and ambitious humour of hereticks , whose impotent desires of aspiring thereunto , and extreme discontentment as oft as they were defeated , even this doth shew , that the state of bishops was not a few degrees advanced above the rest . wherefore of grand apostates which were in the very prime of the primitive church , thus lactantius above thirteen hundred years sithence , testified , men of a slippery saith they were , who feigning that they knew and worshipped god , but seeking onely that they might grow in wealth and honour , affected the place of the highest priesthood ; whereunto , when their betters were chosen before them , they thought it better to leave the church , and to draw their favourers with them , than to endure those men their governours , whom themselves desired to govern . now , whereas against the present estate of bishops , and the greatness of their port , and the largeness of their expences at this day , there is not any thing more commonly objected than those antient canons , whereby they are restrained unto a far more sparing life , their houses , their retinue , their diet limited within a farr more narrow compass than is now kept ; we must know , that those laws and orders were made , when bishops lived of the same purse , which served a well for a number of others , as them , and yet all at their disposing : so that convenient it was to provide , that there might be a moderate stint appointed to measure their expences by , lest others should be injured by their wastefulness . contrariwise , there is now no cause wherefore any such law should be urged , when bishops live onely of that which hath been peculiarly alloted unto them : they having therefore temporalities and other revenues to bestow for their own private use , according to that which their state requireth , and no other having with them any such common interest therein , their own discretion is to be their law for this matter ; neither are they to be pressed with the rigour of such antient canons as were framed for other times , much less so odiously to be upbraided with uncomformity unto the pattern of our lord and saviour's estate , in such circumstances as himself did never minde to require , that the rest of the world should of necessity be like him . thus against the wealth of the clergy , they alledge how meanly christ himself was provided for ; against bishops palaces , his want of a hole to hide his head in ; against the service done unto them , that he came to minister , not to be ministred unto in the world. which things , as they are not unfit to controul covetous , proud , or ambitious desires of the ministers of christ , and even of all christians , whatsoever they be ; and to teach men contentment of minde , how mean soever their estate is , considering that they are but servants to him , whose condition was farrmore abused than theirs is , or can be ; so to prove such difference in state between us and him unlawful , they are of no force or strength at all . if one convented before their consistories , when he standeth to make this answer , should break out into invectives against their authority , and tell them , that christ , when he was on earth , did not sit to judge , but stand to be judged ; would they hereupon think it requisite to dissolve their eldership , and to permit no tribunals , no judges at all , for fear of swerving from our saviour's example ? if those men , who have nothing in their mouths more usual , than the poverty of jesus christ and his apostles , alledge not this as iulian sometime did , beati panperes , unto christians , when his meaning was to spoyl them of that they had ; our hope is then , that as they seriously and sincerely wish , that our saviour christ in this point may be followed , and to that end onely propose his blessed example ; so , at our hands again , they will be content to hear with like willingness , the holy apostle's exhortation , made unto them of the laity also , be ye followers of us , even as we are of christ ; let us be your example , even as the lord iesus christ is ours , that we may all proceed by one and the same rule . xxiv . but beware we of following christ , as thieves follow true-men , to take their goods by violence from them . be it , that bishops were all unworthy , not onely of livings , but even of life , yet what hath our lord jesus christ deserved , for which men should judge him worthy to have the things that are his given away from him , unto others that have no right unto them ? for at this mark it is , that the head lay-reformers do all aim . must these unworthy prelates give place ; what then ? shall better succeed in their rooms ? is this desired , to the end that others may enjoy their honours , which shall doe christ more faithful service than they have done ? bishops are the worst men living upon earth ; therefore let their sanctified possessions be divided : amongst whom ? o blessed reformation ! o happy men , that put to their helping-hands for the furtherance of so good and glorious a work ! wherefore , albeit the whole world at this day do already perceive , and posterity be like hereafter a great deal more plainly to discern ; not that the clergy of god is thus heaved at , because they are wicked , but that means are vsed to put it into the heads of the simple multitude , that they are such indeed : to the end that those who thirst for the spoyl or spiritual possessions , may , till such time as they have their purpose , be thought to covet nothing but onely the just extinguishment of un-reformable persons ; so that in regard of such mens intentions , practices , and machinations against them , the part that suffereth these things , may most fitly pray with david , iudge thou me , o lord , according to my righteousness , and according unto mine innocency : o let the malice of the wicked come to an end , and be thou the guide of the just . notwithstanding , forasmuch as it doth not stand with christian humility otherwise to think , then that this violent outrage of men , is a rod in the ireful hands of the lord our god , the smart whereof we deserve to feel : let it not seem grievous in the eyes of my reverend l. l. the bishops , if to their good consideration i offer a view of those sores which are in the kind of their heavenly function , most apt to breed , and which being not in time cured , may procure at the length that which god of his infinite mercy avert . of bishops in his time st. ierome complaineth , that they took it in great disdain to have any fault , great or small found with them : epiphanius likewise before ierome , noteth their impatiency this way , to have been the very chuse of a schism in the church of christ ; at what time one audius , a man of great integrity of life , full of faith and zeal towards god , beholding those things which were corruptly done in the church , told the b b. and presbyters their faults in such sort as those men are wont , who love the truth from their hearts , and walk in the paths of a most exact life . whether it were covetousness , or sensuality in their lives ; absurdity or error in their teaching ; any breach of the laws and canons of the church wherein he espied them faulty , certain and sure they were to be thereof most plainly told . which thing , they whose dealings were justly culpable , could not bear ; but , instead of amending their faults , bent their hatred against him who sought their amendment , till at length they drove him by extremity of infestation , through weariness of striving against their injuries , to leave both them , and with them the church . amongst the manifold accusations , either generally intended against the bishops of this our church , or laid particularly to the charge of any of them , i cannot find that hitherto their spitefullest adversaries have been able to say justly , that any man for telling them their personal faults in good and christian sort , hath sustained in that respect much persecution . wherefore , notwithstanding mine own inferior estate and calling in gods church , the consideration whereof assureth me , that in this kind the sweetest sacrifice which i can offer unto christ , is meek obedience , reverence and aw unto the prelates which he hath placed in seats of higher authority over me , emboldned i am , so far as may conveniently stand with that duty of humble subjection , meekly to crave , my good l l. your favourable pardon , if it shall seem a fault thus far to presume ; or ▪ if otherwise , your wonted courteous acceptation . aeneid . l. . — sinite hat haud mollia fatu sublatis aperite dolis in government , be it of what kind soever , but especially if it be such kind of government as prelates have over the church , there is not one thing publiquely more hurtful then that an hard opinion should be conceived of governors at the first : and a good opinion how should the world ever conceive of them for their after-proceedings in regiment , whose first access and entrance thereunto , giveth just occasion to think them corrupt men , which fear not that god , in whose name they are to rule ? wherefore a scandalous thing it is to the church of god , and to the actors themselves dangerous , to have aspired unto rooms of prelacy by wicked means . we are not at this day troubled much with that tumultuous kind of ambition wherewith the elections of a damasus in s. ieromes age , and of b maximus in gregories time , and of others , were long sithence stained . our greatest fear is rather the evil which c leo and anthemius did by imperial constitution , endeavour as much as in them by to prevent . he which granteth , or he which receiveth the office and dignity of a bishop , otherwise then beseemeth a thing divine and most holy ; he which bestoweth and he which obteineth it after any other sort then were honest and lawful to use , if our lord jesus christ were present himself on earth to bestow it even with his own hands , sinneth a sin by so much more grievous then the sin of balshazar , by how much offices and functions heavenly are more precious then the meanest ornaments or implements which thereunto appertain . if it be , as the apostle saith , that the holy ghost doth make bishops , and that the whole action of making them is gods own deed , men being therein but his agents ; what spark of the fear of god can there possibly remain in their hearts , who representing the person of god in naming worthy men to ecclesiastial charge , do sell that which in his name they are to bestow , or who standing as it were at the throne of the living god do bargain for that which at his hands they are to receive ? wo worth such impious and irreligious prophanations . the church of christ hath been hereby made , not a den of thieves , but in a manner the very dwelling place of soul spirits ; for undoubtedly , such a number of them have been in all ages who thus have climbed into the seat of episcopal regiment . . men may by orderly means be invested with spiritual authority , and yet do harm by reason of ignorance how to use it to the good of the church . it is saith chrysostom , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; a thing highly to be accompted of , but a hard thing to be that which a bishop should be . yea a hard and a toilsom thing it is , for a bishop to know the things that belong unto a bishop . a right good man may be a very unfit magistrate . and for discharge of a bishops office , to be well minded is not enough , no not to be well learned also . skill to instruct is a thing necessary , skill to govern much more necessary in a bishop . it is not safe for the church of christ , when pishops learn what belongeth unto government , as empericks learn physick by killing of the sick . bishops were wont to be men of great learning in the laws both civil and of the church ; and while they were so , the wisest men in the land for counsel and government were bishops . . know we never so well what belongeth unto a charge of so great moment , yet can we not therein proceed but with hazard of publique detriment , if we relye on our selves alone , and use not the benefit of conference with others . a singular mean to unity and concord amongst themselves , a marvellous help unto uniformity in their dealings , no small addition of weight and credit unto that which they do , a strong bridle unto such as watch for occasions to stir against them ; finally , a very great stay unto all that are under their government , it could not chuse but be soon found , if bishops did often and seriously use the help of mutual consultation , these three rehearsed are things onely preparatory unto the course of episcopal proceedings . but the hurt is more manifestly seen which doth grow to the church of god by faults inherent in their several actions , as when they carelesly ordein , when they institute negligently , when corruptly they bestow church-livings , benefices , prebends , and rooms especially of jurisdiction , when they visit for gain-sake , rather then with serious intent to do good , when their courts erected for the maintenance of good order are disordered ; when they regard not the clergy under them ; when neither clergy nor laity are kept in that aw for which this authority should serve ; when any thing appeareth in them rather then a fatherly affection towards the flock of christ when they have no respect to posterity ; and finally , when they neglect the true and requisite means whereby their authority should be upheld . surely the hurt which groweth out of these defects must needs be exceeding great . in a minister , ignorance and disability to teach is a maim , nor is it held a thing allowable to ordain such , were it not for the avoiding of a greater evil which the church must needs sustain , if in so great scarcity of able men , and unsufficiency of most parishes throughout the land to maintain them , both publick prayer and the administration of sacraments should rather want , then any man thereunto be admitted lacking dexterity and skill to perform that which otherwise was most requisite . wherefore the necessity of ordaining such , is no excuse for the rash and careless ordaining of every one that hath but a friend to bestow some two or three words of ordinary commendation in his behalf . by reason whereof the church groweth burdened with silly creatures more then need , whose noted baseness and insufficiency bringeth their very order it self into contempt . it may be that the fear of a quare impedit doth cause institutions to pass more easily then otherwise they would . and to speak plainly the very truth , it may be that writs of quare non impedit , were for these times most necessary in the others place : yet where law will not suffer men to follow their own judgment , to shew their judgment they are not hindred . and i doubt not but that even conscienceless and wicked patrons , of which sort the swarms are too great in the church of england , are the more imboldened to present unto bishops any reffuse , by finding so easie acceptation thereof . somewhat they might redress this sore , notwithstanding so strong impediments . if it did plainly appear that they took it indeed to heart , & were not in a manner contented with it . shall we look for care in admitting whom others present , if that which some of your selves confer , be at any time corruptly bestowed ? a foul and an ugly kind of deformity it hath , if a man do but think what it is for a bishop to draw commodity and gain from those things whereof he is left a free bestower , and that in trust , without any other obligation then his sacred order only , and that religious integrity which hath been presumed on in him . simoniacal corruption i may not for honors sake suspect to be amongst men of so great place . so often they do not , i trust , offend by sale ; as by unadvised gift of such preferments , wherein that ancient canon should specially be remembred , which forbiddeth a bishop to be led by humane affection , in bestowing the things of god. a fault no where so hurtful , as in bestowing places of jurisdiction , and in furnishing cathedral churches , the prebendaries and other dignities whereof are the very true successors of those ancient presbyters which were at the first as counsellers unto bishops . a foul abuse it is , that any one man should be loaded as some are with livings in this kind , yea some even of them who condemn utterly the granting of any two benefices unto the same man , whereas the other is in truth a matter of far greater sequel , as experience would soon shew , if churches cathedral being furnished with the residence of a competent number of vertuous , grave , wise and learned divines , the rest of the prebends of every such church were given within the diocess unto men of worthiest desert , for their better encouragement unto industry and travel ; unless it seem also convenient to extend the benefit of them unto the learned in universities , and men of special imployment otherwise in the affairs of the church of god. but howsoever , surely with the publick good of the church it will hardly stand , that in any one person such favours be more multiplied , then law permitteth , in those livings which are with cure. touching bishops visitations , the first institution of them was profitable , to the end that the state and condition of churches being known , there might be for evils growing convenient remedies provided in due time . the observation of church laws , the correction of faults in the service of god and manners of men , these are things that visitors should seek . when these things are inquired of formally , and but for custom sake , fees and pensions being the only thing which is sought , and little else done by visitations ; we are not to marvel if the baseness of the end doth make the action it self loathsom . the good which bishops may do not only by these visitations belonging ordinarily to their office , but also in respect of that power which the founders of colledges have given them of special trust , charging even fearfully their consciences therewith : the good i say which they might do by this their authority , both within their own diocess , and in the well-springs themselves , the universities , is plainly such as cannot chuse but add weight to their heavy accounts in that dreadful day , if they do it not . in their courts where nothing but singular integrity and justice should prevail , if palpable and gross corruptions be found , by reason of offices so often granted unto men who seek nothing but their own gain ; and make no account what disgrace doth grow by their unjust dealings unto them under whom they deal the evil hereof shall work more then they which procure it do perhaps imagine . at the hands of a bishop the first thing looked for , is a care of the clergy under him , a care that in doing good they may have whatsoever comforts and encouragements his countenance , authority , and place may yield . otherwise what heard shall they have to proceed in their painful course , all sorts of men besides being so ready to malign , despise , and every way oppress them ? let them find nothing but disdain in bishops ; in the enemies of present government , if that way lift to betake themselves , all kind of favourable and friendly help ; unto which part think we it likely that men having wit , courage , and stomack will incline ? as great a fault is the want of severity when need requireth , as of kindness and courtesie in bishops . but touching this , what with ill usage of their powe amongst the meaner and what with disuage amongst the higher sort , they are in the eyes of both sorts as bees have lost their sting . it is a long time sithence any great one hath felt , or almost any one much feared the edge of that ecclesiastical severity , which sometime held lords and dukes in a more religious aw then now the meanest are able to be kept . a bishop , in whom there did plainly appear the marks and tokens of a fatherly affection towards them are under his charge , what good might he do ten thousand ways more then any man knows how to set down ? but the souls of men are not loved ; that which christ shed his blood for , is not esteemed precious . this is the very root , the fountain of all negligence in church-government . most wretched are the terms of mens estate when once they are at a point of wrechlesness so extream , that thy bend not their wits any further than only to shift out the present time , never regarding what shall become of their successors after them . had our predecessors so loosely cast off from them all care and respect to posterity , a church christian there had no● been , about the regiment whereof we should need at this day to strive . it was the barbarous affection of nero , that the ruine of his own imperial seat he could have been well enough contented to see , in case he might also have seen it accompanied with the fall of the whole world : an affection not more intolerable then theirs , who care not to overthrow all posterity , so they may purchase a few days of ignominious safety unto themselves , and their present estates , if it may be termed a safety which tendeth so fast unto their very overthrow , that are the purchasers of it in so vile and base manner . men whom it standeth upon to uphold a reverend estimation of themselves in the minds of others , without which the very best things they do are hardly able to escape disgrace , must before it be over-late remember how much easier it is to retain credit once gotten , then to recover it being lost . the executors of bishops are sued if their mansion-house be suffered to go to decay : but whom shall their successors sue for the dilapidations which they make of that credit , the unrepaired diminutions whereof will in time bring to pass , that they which would most do good in that calling , shall not be able ; by reason of prejudice generally setled in the minds of all sorts against them . by what means their estimation hath hitherto decayed , it is no hard thing to discern . herod and archelaus are noted to have sought out purposely the dullest and most ignoble that could be found amongst the people , preferring such to the high-priests office , thereby to abate the great opinion which the multitude had of that order , and to procure a more expedite course for their own wicked counsels , whereunto they saw the high-priests were no small impediment , as long as the common sort did much depend upon them . it may be , there hath been partly some show and just suspition of like practice in some , in procuring the undeserved preferments of some unworthy persons , the very cause of whose advancement hath been principally their unworthiness to be advanced . but neither could this be done altogether without the inexcusable fault of some preferred before , and so oft we cannot imagine it to have been done , that either onely or chiefly from thence this decay of their estimation may be thought to grow . somewhat it is that the malice of their cunning adversaries , but much more which themselves have effected against themselves . a bishops estimation doth grow from the excellency of vertues suitable unto his place . unto the place of a bishop those high divine vertues are judged suitable , which vertues being not easily found in other sorts of greatmen , do make him appear so much the greater in whom they are found . devotion , and the feeling sense of religion are not usual in the noblest , wisest , and chiefest personages of state , by reason their wits are so much imployed another way , and their mindes so seldom conversant in heavenly things . if therefore wherein themselves are defective , they see that bishops do blessedly excel , it frameth secretly their-hearts to a stooping kinde of disposition , clean opposite to contempt : the very countenance of moses was glorious after that god had conferred with him . and where bishops are the powers and faculties of whose souls god hath possest , those very actions , the kind whereof is common unto them with other men , have notwithstanding in them a more high and heavenly form , which draweth correspondentestimation unto it , by vertue of that celestial impression , which deep meditation of holy things , and as it were conversation with god doth leave in their mindes . so that bishops which will be esteemed of as they ought , must frame themselves to that very pattern from whence those asian bishops unto whom st. iohn writeth were denominated , even so far forth as this our frailty will permit ; shine they must as angels of god in the midst of perverse men . they are not to look that the world should always carry the affection of constantine , to bury that which might derogate from them , and to cover their imbecillities . more then high time it is , that they bethink themselves of the apostles admonition ; attende tibi , have a vigilant eye to thy self . they erre if they do not perswade themselves that wheresoever they walk or sit , be it in their churches or in their consistories , abmad or at home , at their tables or in their closets , they are in the midst of snares laid for them : wherefore as they are with the prophet every one of them to make it their hourly prayer unto god , lead me , o lord , in thy righteousness , because of enemies ; so it is not safe for them , no not for a moment to slacken their industry in seeking every way that estimation which may further their labours unto the churches good . absurdity , though but in words , must needs he this way a maim , where nothing but wisdom , gravity , and , judgement is looked for . that which the son of syrach hath concerning the writings of the old sages , wise sentences are found in them ; should be the proper mark and character of bishops speeches ; whose lips , as doors , are not to be opened , but for egress of instruction and sound knowledge . if base servility and dejection of minde be ever espied in them , how should men esteem them as worthy the rooms of the great ambassadors of god ? a wretched desire to gain by bad and unseemly means , standeth not with a mean mans credit , much less with that reputation which fathers of the church should be in . but if besides all this , there be also coldness in works of piety and charity , utter contempt even of learning it self , no care to further it by any such helps as they easily might and ought to afford , no not as much as that due respect unto their very families about them , which all men that are of account do order as neer as they can in such sort , that no grievous offensive deformity be therein noted ; if there still continue in that most reverend order , such as by so many engines , work day and night to pull down the whole frame of their own estimation amongst men ; some of the rest secretly also permitting others their industrious opposites , every day more and more to seduce the multitude , how should the church of god hope for great good at their hands ? what we have spoken concerning these things , let not malicious accusers think themselves therewith justified ? no more then shimei was by his soveraigns most humble and meek acknowledgment even of that very crime which so impudent a caitiffs tongue upbraided him withal , the one in the virulent rancour of a canckred affection , took that delight for the present , which in the end did turn to his own more tormenting wo ; the other in the contrite patience even of deserved malediction , had yet this comfort , it may be the lord will look on mine affliction , and do we good for his cursing this day . as for us over whom christ hath placed them to be chiefest guides and pastors of our souls , our common fault is , that we look for much more in our governors then a tolerable sufficiency can yield , and bear much less , then humanity and reason do require we should . too much perfection over rigo●ously exacted in them , cannot but breed in us perpetual discontentment , and on both parts cause all things to be unpleasant . it is exceedingly worth the noting , which plato hath about the means whereby men fall into an utter dislike of all men with whom they converse : this sowreness of minde which maketh every mans dealings unsavoury in our taste , entereth by an unskilful over-weening , which at the first we have of one , and so of another , in whom we afterwards find our selves to have been deceived , they declaring themselves in the end to be frail men , whom we judged demi-gods : when we have oftentimes been thus begailed , and that far besides expectation , we grow at the length to this plain conclusion , that there is nothing at all sound in any man. which bitter conceit is unseemly , and plain to have risen from lack of mature judgment in humane affairs ; which i● so be we did handle with art , we would not enter into dealings with men , otherwise then being beforehand grounded in this perswasion , that the number of persons notably good or bad , is but very small ; that the most part of good have some evil , and of evil men , some good in them . so true our experience doth find those aphorisms of mercurius trismegistas ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to purge gooddness quite and clean from all mixture of evil here , is a thing impossible . again , to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , when in this world we term a thing good , we cannot by exact construction have any other true meaning , then that the said thing so termed , is not noted to be a thing exceeding evil . and again , moros 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , amongst men , oesclapius , the name of that which is good we finde , but no where the very true thing it self . when we censure the deeds and dealings of our superiors , to bring with us a fore-conceit thus qualified , shall be as well on our part as theirs , a thing availeable unto quietness : but howsoever the case doth stand with mens either good or bad quality , the verdict which our lord and saviour hath given , should continue for ever sure , qua dei sunt , deo , let men bear the burthen of their own iniquity , as for those things which are gods , let not god be deprived of them . for if only to withold that which should be given , be no better then to rob god ? if to withdraw any mite of that which is but in purpose only bequeathed , though as yet undelivered into the sacred treasure of god , be a sin for which ananias and sapphyra felt so heavily the dreadful hand of divine revenge ; quite and clean to take that away which we never gave , and that after god hath for so many ages therewith been possessed , and that without any other shew of cause , saving only that it seemeth in their eyes who seek it , to be too much for them which have it in their hands , can we term it , or think it , less then most impious injustice , most hainous sacriledge ? such was the religious affection of ioseph , that it suffered him not to take that advantage , no not against the very idolatrous priests of egypt , which he took for the purchasing of other mens lands to the king ; but he considered , that albeit their idolatry deserved hatred , yet for the honors sake due unto priesthood , better it was the king himself should yield them relief in publique extremity , then permit that the same necessity should constrain also them to do as the rest of the people did . but , it may be , men have now found out , that god hath proposed , the christian clergy , as a prey for all men freely to seize upon ; that god hath left them as the fishes of the sea , which every man that lifteth to gather into his net may ; or that there is no god in heaven to pity them , and to regard the injuries which man doth lay upon them : yet the publique good of this church and commonwealth doth , i hope , weigh somewhat in the hearts of all honestly disposed men . unto the publique good , no one thing is more directly availeable , then that such as are in place , whether it be of civil , or of ecclesiastical authority , be so much the more largely furnished even with external helps and ornaments of this life , how much the more highly they are in power and calling advanced above others . for nature is not contented with bare sufficiency unto the sustenance of man , but doth evermore cover a decency proportionable unto the place which man hath in the body or society of others : for according unto the greatness of mens calling , the measure of all their actions doth grow in every mans secret expectation , so that great men do always know , that great things are at their hands expected . in a bishop great liberality , great hospitality , actions in every kinde great are looked for : and for actions which must be great , mean instruments will no●serve . men are but men , what room soever amongst men they hold : if therefore the measure of their worldly habilities be beneath that proportion which their calling doth make to be looked for at their hands , a stronger inducement it is then perhaps men are aware of , unto evil and corrupt dealings , for supply of that defect . for which cause , we must needs think it a thing necessary unto the common good of the church , that great jurisdiction being granted unto bishops over others , a state of wealth proportionable should likewise be provided for them : where wealth is had in so great admiration , as generally in this golden age it is , that without it angelical perfections are not able to deliver from extreme contempt , surely to make bishops poorer then they are , were to make them of less account and estimation then they should be . wherefore if detriment and dishonor do grow to religion , to god , to his church , when the publique account which is made of the chief of the clergy decayeth , how should it be , but in this respect , for the good of religion , of god , of his church , that the wealth of bishops be carefully preserved from further dimination ? the travels and crosses wherewith prelacy is never unaccompanied , they which feel them know how heavy , and how great they are . unless such difficulties therefore , annexed unto that estate , be tempered by co-annexing thereunto things esteemed of in this world , how should we hope that the minds of men , shunning naturally the burthens of each function , will be drawn to undertake the burthen of episcopal care and labour in the church of christ ? wherefore if long we desire to enjoy the peace , quietness , order and stability of religion , which predacy ( as hath been declared ) causeth , then must we necessarily , even in favour of the publique good , uphold those things , the hope whereof being taken away , it is not the meer goodness of the charge , and the divine acceptation thereof , that will be able to invite many thereunto . what shall become of that commonwealth or church in the end , which hath not the eye of learning to beautifie , guide , and direct it ? at the length , what shall become of that learning , which hath not wherewith any more to encourage her industrious followers ? and finally , what shall become of that courage to follow learning , which hath already so much failed through the onely diminution of her chiefest rewards , bishopricks ? surely , wheresoever this wicked intendment of overthrowing cathedral churches , or of taking away those livings , lands , and possessions , which bishops hitherto have enjoyed , shall once prevail , the hand maids attending thereupon will be paganism , and extreme barbarity . in the law of moses , how careful provision is made that goods of this kind might remain to the church for ever : ye shall not make common the holy things of the children of israel , lest ye dye , saith the lord. touching the fields annexed unto levitical cities , the law was plain , they might not be sold ; and the reason of the law , this , for it was their possession for ever . he which was lord and owner of it , his will and pleasure was , that from the levites it should never pass , to be enjoyned by any other . the lords own portion , without his own commission and grant , how should any man justly hold ? they which hold it by his appointment , had it plainly with this condition , they shall not sell of it , neither change it , nor alienate the first-fruits of the land ; for it is holy unto the lord. it falleth sometimes out , as the prophet habbakkuk noteth , that the very prey of savage beasts becometh dreadful unto themselves . it did so in iudas , achan , nebuchadnezzar ; their evil-purchased goods were their snare , and their prey their own terror : a thing no where so likely to follow , as in those goods and possessions , which being laid where they should not rest , have by the lords own testimony , his most bitter curse ; their undividable companion . these perswasions we use for other mens cause , not for theirs with whom god and religion are parts of the abrogated law of ceremonies . wherefore not to continue longer in the cure of a sore desperate , there was a time when the clergy had almost as little as these good people wish . but the kings of this realm and others , whom god had blest , considered devoutly with themselves , as david in like case sometimes had done , is it meet that we at the hands of god should enjoy all kindes of abundance , and gods clergy suffer want ? they considered that of solomon , honor god with thy substance , and the chiefest of all thy revenue , so shall thy barns be filled with corn , and thy vessels shall run over with new wine . they considered how the care which iehoshaphat had , in providing that the levites might have encouragement to do the work of the lord chearfully , was left of god as a fit pattern to be followed in the church for ever . they considered what promise our lord and saviour hath made unto them , at whose hands his prophets should receive but the least part of the meanest kind of friendliness , though it were but a draught of water : which promise seemeth not to be taken , as if christ had made them of any higher courtesie uncapable , and had promised reward not unto such as give them but that , but unto such as leave them but that . they considered how earnest the apostle is , that if the ministers of the law were so amply provided for , less care then ought not to be had of them , who under the gospel of jesus christ , possess correspondent rooms in the church . they considered how needful it is , that they who provoke all others unto works of mercy and charity , should especially have wherewith to be examples of such things , and by such meons to win them , with whom other means , without those , do commonly take very small effect . in these and the like considerations , the church-revenues were in ancient times augmented , our lord thereby performing manifestly the promise made to his servants , that they which did leave either father , or mother , or lands , or goods for his sake , should receive even in this world an hundred fold . for some hundreds of years together , they which joyned themselves to the church , were fain to relinquish all worldly emoluments , and to endure the hardness of an afflicted estate . afterward the lord gave rest to his church , kings and princes became as fathers thereunto , the hearts of all men inclined towards it , and by his providence there grew unto it every day earthly possessions in more and more abundance , till the greatness thereof bred envy , which no diminutions are able to satisfie : for , as those ancient nursing fathers thought they did never bestow enough ; even so in the eye of this present age as long as any thing remaineth , it seemeth to bee too much . our fathers we imitate inperversum , as tertullian speaketh ; like them we are , by being in equal degree the contrary unto that which they were . unto those earthly blessings which god as then did with so great abundance pour down upon the ecclesiastical state , we may in regard of most neer resemblance , apply the self same words which the prophet hath , god blessed them exceedingly ; and , by this very mean , turned the hearts of their own brethren to hate them , and to deal politiquely with his servants . computations are made , and there are huge sums set down for princes , to see how much they may amplifie and enlarge their own treasure ; how many publique burthens they may ease ; what present means they have to reward their servants about them , if they please but to grant their assent , and to accept of the spoil of bishops , by whom church-goods are but abused unto pomp and vanity . thus albeit they deal with one , whose princely vertue giveth them small hope to prevail in impious and sacrilegious motions ; yet shame they not to move her royal majesty even with a suit not much unlike unto that wherewith the jewish high-priest tried iudas , whom they sollicited unto treason against his master and proposed unto him a number of silver-pence in lien of so vertuous and honest a service . but her sacred majesty disposed to be always like her self , her heart so far estranged from willingness to gain by pillage of that estate , the only awe whereof under god she hath been unto this present hour as of all other parts of this noble common-wealth whereof she hath vowed her self a protector till the end of her days on earth , which , if nature could permit , we wish , as good cause we have , endless : this her gracious inclination is more then a seven times sealed warrant ; upon the same assurance whereof touching time and action , so dishonourable as this , we are on her part most secure , not doubting but that unto all posterity , it shall for ever appear , that from the first to the very last of her soveraign proceedings , there hath not been one authorized deed , other then consonant with that symmachus saith , fiscus bonitum principum , non sacer dotum damnis sed hastium spoliis angeatur ; consonant with that imperial law , ea qua ad be atissima ecclesia jur a p●rtinent , tanquam ipsam● sacro sanctam & religiosam ecclesiam intactu convenit vener abiliter a●stodiri ; ut ●ic●● ips●religionis & ●idei mater perpetua est , it a ej●● patrimonium jugiter servetur illas●● . as for the case of publique burthens , let any politirian living , make it appear , that by confiscation of bishops livings , and their utter dissolution at once , the common-wealth shall ever have half that relief and ease which it receiveth by their continuance as now they are , and it shall give us some cause to think , that albeit we sew they are implously and irreligiously minded , yet we may● esteem them at least to be tolerable common-wealths-men . but the case is too clear and manifest , the world doth but too plainly see it , that no one order of subjects whatsoever within this land doth bear the seventh part of that proportion which the clergy beareth in the burthens of the commonwealth ; no revenue of the crownlike unto it , either for certainty or for greatness . let the good which this way hath grown to the common-wealth by the dissolution of religious houses , teach men what ease unto publique burthens there is like to grow , by the overthrow of the clergy . my meaning is not hereby to make the state of bishopricks , and of those dissolved companies alike , the one no less unlawful to be removed then the other . for those religious persons were men which followed only a special kind of contemplative life in the commonwealth , they were properly no portion of gods clergy ( only such amongst them excepted , as were also priests ) their goods ( that excepted , which they unjustly held through the popes usurped power of appropriating ecclesiastical livings unto them ) may in part seem to be of the nature of civil possessions , held by other kinds of corporations such as the city of london hath divers . wherefore , as their institution was human , and their end for the most part superstitious , they had not therein meerly that holy and divine interest which belongeth unto bishops , who being imployed by christ in the principal service of his church , are receivers and disposers of his patrimony , as hath been showed , which whosoever shall with-hold or with-draw at any time from them , he undoubtedly robbeth god himself . if they abuse the goods of the church unto pomp and vanity , such faults we do not excuse in them . only we wish it to be considered whether such faults be verily in them , or else but objected against them by such as gape after spoil , and therefore are no competent judges what is moderate and what excessive in them , whom under this pretence they would spoil . but the accusation may be just . in plenty and fulness it may be we are of god more forgetful then were requisite . notwithstanding men should remember how not to the clergy alone it was said by moses in deuteronomy , necum manducaveris & biberis & domos optimas adisicaveris : if the remedy prescribed for this disease be good , let it unpartially be applied . interest reip , utre suâ quis que bene utatur . let all states be put to their moderate pensions , let their livings and lands be taken away from them whosoever they be , in whom such ample possessions are found to have been matters of grievous abuse : were this just ● would noble families think this reasonable ? the title which bishops have to their livings is as good as the title of any sort of men unto whatsoever we accompt to be most justly held by them ; yea , in this one thing , the claim of ● . b. hath preheminence above all secular titles of right , in that gods own interest in the tenure whereby they hold , even as also it was to the priests of the law an assurance of their spiritual goods and possessions , whereupon though they many times abused greatly the goods of the church , yet was not gods patrimony therefore taken away from them , and made saleable unto other tribes . to rob god , to ransack the church , to overthrow the whole order of christian bishops , and to turn them out of land and living , out of house and home , what man of common honesty can think it for any manner of abuse to be a remedy lawful or just ? we must confess that god is righteous in taking away that which men abuse : but doth that excuse the violence of thieves and robbers ? complain we will not , with s. ierom , that the hands of men are so straightly tyed , and their liberal minds so much bridled and held back from doing good by augmentation of the church-patrimony . for we confess that herein mediocrity may be and hath been sometime exceeded . there did want heretofore a moses to temper mens liberality , to say unto them who enriched the church , sufficit , stay your hands lest favour of zeal do cause you to empty your selves too far . it may be the largeness of mens hearts being then more moderate , had been after more dureable ; and one state by too much over-growing the rest , had not given occasion unto the rest to undermine it . that evil is now sufficiently cured : the church treasury , if then it were over-ful , hath since been reasonable well emptyed . that which moses spake unto givers , we must now inculcate unto takers away from the church , let there be some stay , some stint in spoiling . b if grape-gatherers came unto them , saith the prophet , would they not leave some remnant behind ? but it hath fared with the wealth of the church as with a tower which being built at the first with the highest , overthroweth if self after by its own greatness ; neither doth the ruine thereof cease , with the only fall of that , which hath exceeded mediocrity , but one part beareth down another , till the whole be laid prostrate . for although the state ecclesiastical , both others and even bishops themselves , be now fallen to so low an ebb , as all the world at this day doth see ; yet because there remaineth still somewhat which unsatiable minds can thirst for , therefore we seem not to have been hitherto sufficiently wronged . touching that which hath been taken from the church in appropriations known to amount to the value of one hundred twenty six thousand pounds yearly , we rest contentedly , and quietly without it , till it shall please god to touch the hearts of men , of their own voluntary accord to restore it to him again ; judging thereof no otherwise then some others did of those goods which were by sylla taken away from the citizens of rome , that albeit they were in truth malè capta , unconscionably taken away from the right owners at the first , nevertheless seeing that such as were after possessed of them held them not without some title , which law did after a sort make good , repetitio corum proculdubio labefaltabat compositam civitatem ; what hath been taken away as dedicated unto uses superstitious , and consequently not given unto god , or at the least-wise not so rightly given , we repine not thereat . that which hath gone by means secret and indirect , through corrupt compositions or compacts we cannot help . what the hardness of mens hearts doth make them loath to have exacted , though being due by law eventhereof the want we do also bear . out of that which after all these deductions cometh clearly unto our hands , i hope it will not be said that towards the publique charge , we disburse nothing . and , doth the residue seem yet excessive ? the ways whereby temporal men provide for themselves and their families , are fore-closed unto us . all that we have to sustain our miserable life with , is but a remnant of god's own treasure , so farr already diminished and clipt , that if there were any sense of common humanity left in this hard-hearted world , the improverished estate of the clergy of god , would at the length even of very commiseration be spared . the mean gentleman that hath but an hundred pound land to live on , would not be hasty to change his worldly estate and condition with many of these so over-abounding prelates ; a common artisan or tradesman of the city , with ordinary pastors of the church . it is our hard and heavy lot that , no other sort of men being grudged at how little benefit soever the publick weal reap by them , no state complained of for holding that which hath grown unto , them by lawful means , only the governors of our souls , they that study day and night so to guide us , that both in this world we may have comfort and in the world to come endless felicity and joy , ( for even such is the very scope of all their endeavours , this they wish , for this they labour , how hardly soever we use to construe of their incents , ) hard , that only they should be thus continually lifted at for possessing but that whereunto they have by law both of god and man most just title . if there should be no other remedy but that the violence of men , in the end must needs bereave them of all succour , further than the inclinations of others shall vouchsafe to cast upon them , as it were by way of alms for their relief but from to hour ; better they are not than their fathers , who have been contented with as hard a portion at the world's hands : let the light of the sun and moon , the common benefit of heaven and earth be taken away from ●● . if the question were , whether god should lose his glory , and the safety of his church be hazarded , or they relinquish the right and interest which they have in the things of this world. but fith the question in truth is , whether levi shall be deprived of the portion of god or no , to the end that simeon or reuben may devour it as their spoyl , the comfort of the one in sustaining the injuries which the other would offer , must be that prayer powred out by moses the prince of prophets , in most tender affection to levi , bless o lord his substance , accept than the work of his hands ; s●ite through the loyns of them that rise up against him , and of them which hate him , that they rise no more . of the laws of ecclesiastical polity . book viii . containing their seventh assertion , that to no civil prince or governor , there may be given such power of ecclesiastical dominion , as by the laws of this land belongeth unto the supreme regent thereof . we come now to the last thing whereof there is controversie moved namely , the power of supreme iurisdiction , which for distinction sake we call , the power of ecclesiastical dominion . it was not thought fit in the iews commonwealth , that the exercise of supremacy ecclesiastical should be denied unto him , to whom the exercise of chiefy civil did appertain ; and therefore their kings were invested with both . this power they gave into simon , when they consented that he should be their prince , not only to set men over their works , and countrey , and weapons , but also to provide for the holy things , and that he should be obeyed of every man , and that the writings of the country should be made in his name , and that it should not be lawful for any of the people , or priests , to withstand his words , or to call any congregation in the country without him . and if haply it be surmised , that thus much was given to simon , as being both prince and high-priest , which otherwise ( being their civil governor ) he could not lawfully have enjoyed ; we must note , that all this is no more then the ancient kings of that people had , being kings , and not priests . by this power , david , asa , iehoshaphat , iosiaes , and the rest , made those laws and orders which sacred history speaketh of , concerning matters of meer religion , the affairs of the temple , and service of god , finally , had it not been by the vertue of this power , how should it possibly have come to pass , that the piety or impiety of the kings did always accordingly change the publique face of religion , which things the prophets by themselves never did , nor at any time could hinde from being done : had the priests alone been possest of all power in spiritual affairs , how should any thing concerning matter of religion have been made but only by them ; in had it head been , & not in the king , to change the face of religion at any time , the altering of religion , the making of ecclesiastical laws , with other the like actions belonging unto the power of dominion , are still termed the deeds of the king ; to shew , that in him was placed the supremacy of power in this kinde over all , and that unto their priests the same was never committed , saving only at such times as the priests were also kings and princess over them . according to the pattern of which example , the like power in causes ecclesiastical is by the laws of this realm annexed unto the crown ; and there are which do imagine , that kings being meer lay-persons , do by this means exceed the lawful bounds of their callings ; which thing to the end that they may perswade , they first make a necessary separation perpetual and personal between the church and the common-wealth . secondly , they so tie all kind of power ecclesiastical unto the church , as if it were in every degree their only right , who are by proper spiritual functions termed church-governours , and might not unto christian princes in any wise appertain . to lurk under shifting ambignities , and equivocations of words in matter of principal weight , is childish . a church and a common-wealth , we grant , are things in nature one distinguished from the other : a common-wealth is one way , and a church an other way defined . in their opinions the church and common-wealth are corporations , not distinguished only in nature and definition , but in substance perpetually severed : so that they which are of the one , can neither appoint , nor execute , in whole nor in part , the duties which belong to them which are of the other , without open breach of the law of god which hath divided them ; and doth require , that so being divided , they should distinctly or severally work , as depending both upon god , and not hanging one upon the others approbation . for that which either hath to do , we say that the care of religion being common to all societies politique , such societies as do embrace the true religion have the name of the church given unto every one of them for distinction from the rest ; so that every body politique hath some religion , but the church that religion which is only true . truth of religion is the proper difference whereby a church is distinguished from other politique societies of men ; we here mean true religion in gross , and not according to every particular : for they which in some particular points of religion do sever from the truth , may nevertheless truly ( if we compare them to men of an heathenish religion ) be said to hold and profess that religion which is true , for which cause there being of old so many politique societies stablished through the world , only the common-wealth of israel , which had the truth of religion , was is that respect the church of god : and the church of jesus christ is every such politique society of men , as doth in religion hold that truth which is proper to christianity . as a politique society it doth maintain religion , as a church , that religion which god hath revealed by jesus christ ; with us , therefore , the name of a church importeth onely a society of men , first united into some publique form of regiment , and secondly distinguished from other societies by the exercise of religion , with them on the other side the name of the church in this present question , importeth not only a maltitude of men so united , and so distinguihed , but also further , the same divided necessarily and perpetually from the body of the common-wealth : so that even in such a politique society as consisteth of none but christians , yet the church and common-wealth are too corporations , independently subsisting by it self . we hold that seeing there is not any man of the church of england but the same man is also a member of the common-wealth ; nor any , member of the common-wealth , which is not also of the church of england . therefore as in a figure triangle , the base doth differ from the sides thereof , and yet one and the self same line is both a base and also a side ; aside simply , a base if it chance to be the bottom and under-lye the rest . so albeit , properties and actions of one do cause the name of a common-wealth ; qualities and functions of another sort , the name of the church to be given to a multitude ; yet one and the self-same multitude may in such sort be both . nay , it is so with us , that no person appertaining to the one , can be denied also to be of the other : contrariwise , unless they against us should hold that the church and the common-wealth are two , both distinct and separate societies ; of which two , one comprehendeth alwayes persons not belonging to the other , ( that which they do ) they could not conclude out of the difference between the church and the common-wealth , namely that the bishops may not meddle with the affairs of the common wealth , because they are governours of an other corporation , which is the church , nor kings , with making lawes for the church , because they have government not of this corporation , but of another divided from it , the common-wealth and the walls of separation between these two , must for ever be upheld : they hold the necessity of personal separation which clean excludeth the power of one mans dealing with both ; we of natural , but that one and the same person may in both bear principal sway . the causes of common received errors in this point seem to have been especially two : one , that they who embrace true religion , living in such common-wealths as are opposite thereunto ; and in other publike affairs , retaining civil communion with such as are constrained for the exercise of their religion , to have a several communion with those who are of the same religion with them . this was the state of the jewish church both in egypt and babylon , the state of christian churches a long time after christ. and in this case , because the proper affairs and actions of the church , as it is the church , hath no dependance on the laws , or upon the government of the civil state ; and opinion hath thereby grown , that even so it should be always ; this was it which deceived allen in the writing of his apology : the apostles ( saith he ) did govern the church in rome , when nero bare rule , even as at this day in all the churches dominions : the church hath a spiritual regiments without dependance and so ought she to have amongst heathens , or with christians . another occasion of which mis-conceit is , that things appertaining to religion are both distinguished from other affairs : and have always had in the church spiritual persons chosen to be exercised about them . by which distinction of spiritual affairs , and persons therein employed from temporal , the error of personal separation always necessary between the church and common-wealth hath strengthened it self . for of every politick society , that being true which aristotle saith , namely , that the scope thereof is not simply to live , nor the duty so much to provide for the life , as for means of living well : and that even as the soul is the worthier part of man , so humane societies are much more to care for that which tendeth properly to the souls estate , then for such temporal things which the life hath need of . other proof there needeth none to shew , that as by all men the kingdom of god is to be sought first , for so in all common-wealths things spiritual ought above temporal be sought for ; and of things spiritual , the chiefest is religion . for this cause , persons and things imployed peculiarly about the affairs of religion , are by an excellency termed spiritual . the heathens themselves had their spiritual laws , and causes , and affairs , always severed from their temporal ; neither did this make two independent estates among them , god by revealing true religion sioth make them that receive it his church . unto the iews he so revealed the truth of religion , that he gave them in special considerations , laws , not only for the administration of things spiritual , but also temporal . the lord himself appointing both the one and the other in that common-wealth , did not thereby distract it into several independent communities , but institute several functions of one and the self-same communitie : some reasons therefore must there be alledged why it should be otherwise in the church of christ. i shall not need to spend any great store of words in answering that which is brought out of the holy scripture to shew that secular and ecclesiastical affairs and offices are distinguished : neither that which hath been borrowed from antiquity , using by phrase of speech to oppose the common-weal to the church of christ ; neither yet their reasons which are wont to be brought forth as witnesses , that the church and common-weal were always distinct : for whether a church or common-weal do differ , in not the question we strive for ; but our controversie is , concerning the kind of distinction , whereby they are severed the one from the other ; whether as under heathen kings of the church did deal with her own affairs within her self , without depending at all upon any in civil authority ; and the common-weal in hers , altogether without the privity of the church : so it ought to continue still even in such common-weals as have now publikely embraced the truth of christian religion ; whether they ought evermore to be two societies in such sort , several and distinct : i ask therefore what society was that in rome , whereunto the apostle did give the name of the church of rome in his time ? if they answer ( as needs they must ) that the church of rome in those dayes was that whole society of men , which in rome professed the name of christ , and not that religion which the laws of the common-weal did then authorize ; we say as much , and therefore grant , that the common-weal of rome was one society , and the church of rome another , in such sort that there was between them no mutual dependance . but when whole rome became christian , when they all embraced the gospel , and made laws in defence thereof , if it be heid that the church and common-weal of rome did then remain as before ; there is no way how this could be possible , save only one , and that is , they must restrain the name of a church in a christian common-weal to the clergy , excluding all the rest of believers both prince and people ; for if all that believe be contained in the name of the church , how should the church remain by personal subsistence divided from the common-weal , when the whole common-weal doth believe ? the church and the common-weal are in this case therefore personally one society , which society being termed a common-weal as it liveth under whatsoever form of secular law and regiment , a church as it liveth under the spiritual law of christ , forsomuch as these two laws contain so many and different offices , there must of necessity be appointed in it some to one charge , and some to another , yet without dividing the whole , and making it two several impaled societies . the difference therefore either of affairs or offices ecclesiastical from secular , is no argument that the church and common-weal are always separate and independent , the one on the other ; which thing even allain himself considering somewhat better , doth in this point a little correct his former judgement before mentioned , and confesseth in his defence of english catholicks , that the power political hath her princes , laws , tribunals , the spiritual , her prelates , canons , councels , judgments , and those ( when the temporal princes were pagans ) wholly separate ; but in christian common-weals , joyned though not confounded : howbeit afterwards his former sting appeareth again ; for in a common-wealth he holdeth , that the church ought not to depend at all upon the authority of any civil person whatsoever , as in england he saith it doth . it will be objected , that the fathers do oftentimes mention the common-weal and the church of god , by way of opposition . can the same thing be opposed to it self ? if one and the same society be both church and common-wealth , what sense can there be in that speech ; that they suffer and flourish together ? what sense is that which maketh one thing to be adjudged to the church , and another to the common-weal ? finally , in that which putteth a difference between the causes of the province and the church , doth it not hereby appear , that the church and the common-weal , are things evermore personally separate ? no , it doth not hereby appear that there is not perpetually any such separation ; we speak of them as two , we may sever the rights and the causes of the one well enough from the other , in regard of that difference which we grant is between them , albeit we make no personal difference . for the truth is , that the church and the common-wealth , are names which import things really different : but those things are accidents , and such accidents as may and always should lovingly dwell together in one subject . wherefore the real difference between the accidents signified by these names , doth not prove different subjects for them always to reside in . for albeit the subjects wherein they be resident be sometimes different , as when the people of god have their residence among infidels . yet the nature of them is not such , but that their subject may be one , and therefore it is but a changeable accident , in those accidents they are to divers : there can be no errour in our conceit concerning this point , if we remember still what accident that is , for which a society hath the name of a common-wealth , and what accident that which doth cause it to be termed a church : a common-wealth we name it simply in regard of some regiment or policy under which men live ; a church for the truth of that religion which they pofess . now names betokening accidents inabstracted , betoken no● only the accidents themselves , but also together with them subjects whereunto they cleave . as when we name a school-master and a physitian , those names do not only betoken two accidents , teaching and curing , but also some person or persons in whom those accidents are . for there is no impediment but both may be in one man , as well as they are for the most part in divers . the common-weal and the church therefore being such names , they do not only betoken these accidents of civil government and christian religion , which we have mentioned , but also together with them such multitudes as are the subjects of those accidents ; again , their nature being such as they may well enough dwell together in one subject , it followeth that their names though always implying that difference of accidents that hath been set down , yet do not always imply different subjects also . when we oppose therefore the church and the common-wealth in christian society , we mean by the common-wealth that society with relation to all the publike affairs thereof , only the matter of true religion excepted ; by the church , the same society with only reference unto the matter of true religion , without any affairs● besides , when that society , which is both a church and a common-wealth , doth flourish in those things which belong unto it as a common-wealth , we then say , the common-wealth doth flourish ; when in both them , we then say , the church and common-wealth do flourish together . the prophet esay to note corruptions in the common-wealth complaineth , that where justice and judgement had lodged , now were murtherers ; princes were become companions of thieves , every one loved gifts , and rewards ; but the fatherless was not judged , neither did the widows cause come before them . to shew abuses in the church , malachy doth make his complaint , ye offer unclean bread upon mine altar . if ye offer the blind for sacrifice , it is not evill as ye think , if the lame and the sick , nothing is amiss . the treasure which david bestowed upon the temple , did argue the love which he bore unto the church : the pains which nehemiah took for building the walls of the citie , are tokens of his care for the common-wealth . causes of the common-wealth , or province , are such as gallio was content to be judge of . if it were a matter of wrong , or an evill deed ( o ye iews ) i would according to reason maintain you . causes of the church , are such as gallio there receiteth ; if it be a question of your law , look ye to it , i will be no judge thereof : in respect of this difference therefore the church and the common-wealth may in speech be compared or opposed aptly enough the one to the other ; yet this is no argument , that they are two independent societies . some other reasons there are which seem a little more neerly to make for the purpose , as long as they are but heard , and not sifted : for what though a man being severed by excommunication from the church be not thereby deprived of freedom in the city , or being there discommoned , is not therefore forthwith excommunicated and excluded the church ? what though the church be bound to receive them upon repentance , whom the common-weal may refuse again to admit ? if it chance the same man to be shut out of both , division of the church and common-weal which they contend for , will very hardly hereupon follow : for we must note , that members of a christian common-weal have a triple state ; a natural , a civil , and a spiritual : no mans natural estate is cut off otherwise then by that capital execution . after which , he that is none of the body of the common-wealth , doth not i think remain fit in the body of that visible church . and concerning mans civil estate , the same is subject partly to inferiour abatement of liberty , and partly to diminution in the highest degree , such as banishment is ; sith it casteth out quite and clean from the body of the common-weal , it must needs also consequently cast the banished party even out of the very church he was of before ; because that church and the common-weal he was of , were both one and the same society ; so that whatsoever doth utterly separate a mans person from the one , it separateth from the other also . as for such abatements of civil estate as take away only some priviledge , dignity or other benefit , which a man enjoyeth in the common-weal they reach only to our dealing with publike affairs , from which what may lett , but that men may be excluded , and thereunto restored again , without diminishing or augmenting the number of persons , in whom either church or common-wealth consisteth . he that by way of punishment loseth his voice in a publike election of magistrates , ceaseth not thereby to be a citizen ; a man dis-franchised may notwithstanding enjoy as a subject the common benefit of protection under laws and magistrates ; so that these inferiour diminutions which touch men civilly , but neither do clean extinguish their estates , as they belong to the common-wealth , nor impair a whit their condition as they are of the church of god ; these , i say , do clearly prove a difference of the one from the other , but such a difference as maketh nothing for their surmise of distracted societies . and concerning excommunication , it curreth off indeed from the church , and yet not from the commonwealth ; howbeit so , that the party excommunicate is not thereby severed from one body which subsisteth in it self , and retained by another in like sort subsisting ; but he which before had fellowship with that society whereof he was a member , as well touching things spiritual as civil , is now by force of excommunication , although not severed from the body in civil affairs , nevertheless for the time cut off from it as touching communion in those things which belong to the same body as it is the church : a man which having been both excommunicated by the church , and deprived of civil dignity in the common-wealth ; is upon his repentance necessarily reunited into the one , but not of necessity into the other . what then ? that which he is admitted unto , is a communion in things divine , whereof both parts are partakers ; that from which he is withheld , is the benefit of some humane previledge , or right , which other citizens happily enjoy . but are not these saints and citizens , one and the same people ? are they not one and the same society ? doth it hereby appear that the church which received an excommunicate , can have no dependency on any pers o which hath chief authority and power of these things in the commonwealth whereunto the same party is not admitted . wherefore to end this point , i conclude ; first , that under the dominions of infidels , the church of christ , and their common-wealth , were two societies independent . secondly , that in those common-wealths , where the bishop of rome beareth sway , one society is both the church and the common-wealth : but the bishop of rome doth divide the body into two divers bodies , and doth not suffer the church to depend upon the power of any civil prince and potenrate . thirdly , that within this realm of england , the case is neither as in the one , nor as in the other of the former two : but from the state of pagans we differ , in that with us one society is both the church and common-wealth , which with them it was not ; as also from the state of those nations which subjected themselves to the bishop of rome , in that our church hath dependance from the chief in our common-wealth , which it hath not when he is suffered to rule . in a word , our state is according to the pattern of gods own antient elect people , which people was not part of them the common-wealth , and part of them the church of god ; but the self-same people whole and entire were both under one chief governour , on whose supream authority they did all depend . now the drift of all that hath been alledged to prove perpetual separation and independency between the church and the commonwealth , is , that this being held necessary , it might consequently be thought fit , that in a christian kingdom , he whose power is greatest over the common-wealth , may not lawfully have supremacy of power also over the church , that is to say , so far as to order thereby and to dispose of spiritual affairs , so far as the highest uncommanded commander in them . whereupon it is grown a question , whether government ecclesiastical , and power of dominion in such degrees as the laws of this land do grant unto the soveraign governour thereof , may by the said supream governour lawfully be enjoy'd and held : for resolution wherein , we are , first , to define what the power of dominion is . secondly , then to shew by what right . thirdly , after what sort . fourthly , in what measure . fiftly in what inconveniency . according to whose example christian kings may have it . and when these generals are opened , to examine afterwards how lawful that is which we in regard of dominion do attribute unto our own : namely the title of headship over the church , so far as the bounds of this kingdom do reach . secondly , the prerogative of calling and dissolving great assemblies , about spiritual affairs publick . thirdly , the right of assenting unto all those orders concerning religion , which must after be in force as law. fourthly , the advancement of principal church-governours to their rooms of prelacy . fifthly , judicial authority higher then others are capable of . and sixthly , exemption from being punishable with such kind of censures as the platform of reformation doth teach , that they ought to be subject unto . what the power of dominion is . vvithout order there is no living in publick society , because the want thereof is the mother of confusion , whereupon division of necessity followeth ; and out of division , destruction . the apostle therefore giving instruction to publike societies , requireth that all things be orderly done : order can have no place in things , except it be settled amongst the persons that shall by office be conversant about them . and if things and persons be ordered , this doth imply that they are distinguished by degrees . for order is a gradual disposition : the whole world consisting of parts so many , so different , is by this only thing upheld ; he which framed them , hath set them in order : the very deity it self both keepeth and requireth for ever this to be kept as a law , that wheresoever there is a coagmentation of many , the lowest be knit unto the highest , by that which being interjacent , may cause each to cleave to the other , and so all to continue one . this order of things and persons in publike societies , is the work of policie , and the proper instrument thereof in every degree is power , power being that hability which we have of our selves , or receive from others for performance of any action . if the action which we have to perform be conversant about matters of meer religion , the power of performing it is then spiritual ; and if that power be such as hath not any other to over-rule it , we term it dominion , or power supream ; so far as the bounds thereof extend . when therefore christian kings are said to have spiritual dominion or supream power in ecclesiastical affairs and causes , the meaning is , that within their own precincts and territories , they have an authority and power to command even in matters of christian religion , and that there is no higher nor greater that can in those cases overcommand them , where they are placed to raign as kings . but withal we must likewise note that their power is termed supremacy , as being the highest , not simply without exception of any thing . for what man is so brain-sick , as not to except in such speeches god himself the king of all dominion ? who doubteth , but that the king who receiveth it , must hold it of , and order the law according to that old axiom , altribuat rex legi , quod lex attribuit es potestatem : and again , rex non debet esse sub homine , sed sub deo & lege . thirdly , whereas it is altogether without reason , that kings are judged to have by vertue of their dominion , although greater power then any , yet not than all the state of those societies conjoyned , wherein such soveraign rule is given them ; there is not any thing hereunto to the contrary by us affirmed , no not when we grant supream authority unto kings ; because supremacy is not otherwise intended or meant to exclude partly sorraign powers , and partly the power which belongeth in several unto others , contained as parts in that politick body over which those kings have supremacy ; where the king hath power of dominion , or supream power , there no forrain state , or potentate , no state or potentate domestical , whether it consisteth of one or many , can possibly have in the same affairs and causes authority higher than the king. power of spiritual dominion , therefore , is in causes ecclesiastical , that ruling authority , which neither any forraign state , not yet any part of that politick body at home , wherein the same is established , can lawfully over-rule . it hath been declared already in general , how the best established dominion is , where the law doth most rule the king ; the true effect whereof particularly is found as well in ecclesiastical as civil affairs : in these the king , through his supream power , may do sundry great things himself , both appertaining to peace and war , both at home , and by command and by commerce with states abroad , because the law doth so much permit . sometimes on the other side , the king alone hath no right to do without consent of his lords and commons in parliament : the king himself cannot change the nature of pleas , nor courts , no not so much as restore blood ; because the law is a hath unto him : the positive laws of the realm have a priviledg therein , and restrain the kings power ; which positive laws , whether by custom or otherwise established without repugnancy to the laws of god , and nature , ought not less to be in force even in supernatural affairs of the church , whether in regard of ecclesiastical laws , we willingly embrace that of ambrose , imperator bonus intrae ecclesiam , non supra ecclesiam , est . kings have dominion to exercise in ecclesiastical causes , but according to the laws of the church ; whether it be therefore the nature of courts , or the form of pleas , or the kind of governours , or the order of proceeding in whatsoever business , for the received laws an lib 〈…〉 o the church , the king hath supream authority and power , but against them never , what such positive laws hath appointed to be done by others than the king , or by others with the king , and in what form they have appointed the doing of it ; the same of necessity must be kept ; neither is the kings sole authority to alter it : yet , as it were a thing unreasonable , if in civil affairs the king , albeit the whole universal body did joyn with him , should do any thing by their absolute power for the ordering of their state at home , in prejudice of those ancient . laws of nations , which are of force throughout all the world , because the necessary commerce of kingdoms dependeth on them : so in principal matters belonging to christian religion , a thing very scandalous and offensive it must needs be thought , if either kings or laws should dispose of the law of god , without any respect had unto that which of old hath been reverently thought of throughout the world , and wherein there is no law of god which forceth us to swerve from the ways wherein so many and holy ages have gone : wherefore not without good consideration , the very law it self hath provided , that iudges ecclesiastical appointed under the kings commission , shall not adjudg for heresie anything but that which heretofore hathbeen adjudged by the authority of the cononical scriptures , or by the first four general counbels , or lysome other general council , wherein the same hath been declared heresie , by the express words of the said canonical scriptures , or such at hereafter shall be determined to be heresie by the high court of parliament of this realm , with the assent of the clergy in the convocation , an. . reg. eliz. by which words of the law , who doth not plainly see , how that in one branch of proceeding by vertue of the kings supream authority , the credit which those four first general councels have throughout all churches , and evermore had , was judged by the making of the aforesaid act a just cause wherefore they should be mentioned in that case , as a requisite part of that rule wherewith dominion was to be limited ? but of this we shall further consider , when we come unto that which soveraign power may do in making ecclesiastical laws . unto which supream power in kings , two kinds of adversaries there are which have opposed themselvs one sort defending that supream power in causes ecclesiastical throughout the world , appertaineth of divine right to the bishop of rome : another sort , that the said power belongeth in every national church unto the clergy thereof assembled . we which defend as well against the one , as against the other , that kings within their own precincts may have it , must shew by what right it must come unto them . first unto me , it seemeth almost out of doubt & controversie , that every independent multitude before any certain form of regiment established , hath under god supream authority , full dominion over it self , even as a man not tyed with the band of subjection as yet unto any other , hath over himself the like power . god , creating mankind , did endue it naturally with power to guide it self , in what kind of society soever he should chuse to live . a man which is born lord of himself , may be made an others servant . and that power which naturally whole societies have , may be derived unto many , few , or one ; under whom the rest shall then live in subjection : some multitudes are brought into subjection by force , as they who being subdued , are fain to submit their necks unto what yoak it pleaseth their conquerors to lay upon them ; which conquerors by just and lawful wars do hold their power over such multitudes as a thing descending unto them ; divine providence it self so disposing . for it is god who giveth victory in the day of war , and unto whom dominion in this sort is derived , the same they enjoy according to the law of nations ; which law authorizeth conquerours to reign as absolute lords over them whom they vanquish . sometimes it pleaseth god himself by special appointment to chuse out and nominate such , as to whom dominion shall be given ; which thing he did often in the common-wealth of israel : they which in this sort receive power immediately from god , have it by meer divine right ; they by humane , on whom the same is bestowed , according to mens discretion , when they are left freely by god to make choice of their own governours . by which of these means soever it happen , that kings or governors be advanced unto their estates , we must acknowledg both their lawful choice to be approved of god , and themselves to be gods lievtenants ; and cofess their power which they have to be his . as for supream power in ecclesiastical affairs , the word of god doth no where appoint that all kings should have it , neither that any should not have it ; for which cause , it seemeth to stand altogether by humane right , that unto christian kings there is such dominion given . again , on whom the same is bestowed at mens discretions , they likewise do hold it by divine right : if god in his revealed word , hath appointed such power to be , although himself extraordinarily bestow it not , but leave the appointment of persons to men ; yea , albeit god do neither appoint nor assign the person : nevertheless , when men have assigned and established both . who doth doubt but that sundry duties and affairs depending thereupon are prescribed by the word of god , and consequently by that very right to be exacted ? for example sake , the power which romane emperors had over foreign provinces , was not a thing which the law of god did ever institute : neither was tiberius caesar by especial commission from heaven therewith invested , and yet paiment of tribute unto caesar being now made emperor , is the plain law of jesus christ : unto kings by humane right , honor by very divine right , is due ; mans ordinances , are many times proposed as grounds in the statutes of god : and therefore of what kind soever the means be , whereby governors are lawfully advanced to their states , as we by the laws of god stand bound meekly to acknowledg them for gods lieutenants ; and to confess their power his : so by the same law they are both authorized , and required to use that power as far as it may be in any state available to his honor. the law appointeth no man to be a husband : but if a man hath betaken himself unto that condition , it giveth him power & authority over his own wife . that the christian world should be ordered by the kingly regiment , the law of god doth not any where command : and yet the law of god doth give them , which once are exalted unto that place of estate , right to exact at the hands of their subjects general obedience in whatsoever affairs their power may serve to command , and god doth ratifie works of that soveraign authority , which kings have received by men . this is therefore the right whereby kings do hold their power ; but yet in what sort the same doth rest and abide in them , it somewhat behoveth further to search , where that we be not enforced to make overlarge discourses about the different conditions of soveraign or supream power ; that which we speak of kings , shall be in respect of the state , and according to the nature of this kingdom , where the people are in no subjection , but such as willingly themselves have condescended unto for their own most behoo● and security . in kingdoms therefore of this quality , the highest governor hath indeed universall dominion , but with dependency upon that whole entire body , over the several parts whereof he hath dominion : so that it standeth for an axiom in this case ; the king is major singulis , universis minor . the kings dependency , we do not construe as some have done , who are of opinion that no mans birth can make him a king ; but every particular person , advanced to such authority , hath at his entrance into his raign , the same bestowed on him as an estate in condition by the voluntary deed of the people , in whom it doth lie to put by any one , and to preferr some other before him , better liked of or judged fitter for the place , and that the party so rejected hath no injury done unto him ; no although the same be done in a place where the crown doth go 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . by succession , and to a person which is capital and hath apparently if blood be respected the nearest right . they plainly affirm in all well appointed kingdoms , the custom evermore hath been , and is , that children succeed not their parents , till the people after a sort have created them anew , neither that that they grow to their fathers as natural and proper heirs , but are then to be reckoned for kings when at the hands of such as represent the kings majesty , they have by a scepter and a diadem received , as it were , the investure of kingly power : their very words are , that where such power is sealed into a family or kindred , the stock it self is thereby chosen , but not the twig that springeth of it . the next of the stock unto him that raigneth , are not through nearness of blood made kings , but rather set forth to stand for the kingdom , where regal dominion is hereditary , it is notwithstanding ( if we look to the persons which have it ) altogether elective : to this purpose are selected heaps of scriptures concerning the solemn coronation or inauguration of saul , of david , of solomon , and others , by the nobles , ancients , and people of the common-weal of israel ; as if these solemnities were a kind of deed , whereby the right of dominion is given . which strange , untrue , and unnatural conceits , set abroad by seeds-men of rebellion , onely to animate unquiet spirits , and to feed them with possibility of aspiring to thrones , if they can win the hearts of the people , what hereditary title soever any other before them may have . i say unjust and insolent positions , i would not mention , were it not thereby to make the countenance of truth more orient ; for unless we will openly proclaim defiance unto all law , equity , and reason we must ( there is no remedy ) acknowledge , that in kingdoms hereditary birth giveth right unto soveraign dominion ; and the death of the predecessor putteth the successor by blood in seisin . those publick solemnities before specified , do but serve for an open testification of the inheritors right , or belong unto the form of inducting him into possession of that thing he hath right unto : therefore in case it doth happen , that without right of blood a man in such wise be possessed , all these new elections and investings are utterly void ; they make him no indefeasable estate ; the inheritor by blood may disposses him as an usurper . the case thus standing , albeit we judge it a thing most true , that kings , even inheritors , do hold their right in the power of dominion , with dependency upon the whole body politick , over which they have rule as kings ; yet so it may not be understood as if such dependency did grow , for that every supream governor doth personally take from thence his power by way of gift , bestowed of their own free accord upon him at the time of his entrance into the said place of his soveraign government . but the cause of dependency is that first original conveyance , when power was derived from the whole into one ; to pass from him unto them , whom out of him nature by lawful births should produce , and no natural or legal inability make uncapable : neither cab any man with reason think , but that the first institution of kings , a sufficient consideration wherefore their power should always depend on that from which it did always flow by original influence of power , from the body into the king , is the cause of kings dependency in power upon the body . by dependency we mean subordination and subjection : a manifest token of which dependency may be this ; as there is no more certain argument , that lands are held under any as lords , then if we see that such lands is defect of heirs fall unto them by escheat : in like manner , it doth follow rightly , that seeing dominion when there is none to inherit it , returneth unto the body ; therefore , they which before were inheritors thereof , did hold it with dependency upon the body , so that by comparing the body with the head , as touching power , it seemeth always to reside in both ; fundamentally and radicially in the one , in the other derivatively ; in the one the habit , in the other the act of power . may a body politick then at all times , withdraw in whole or in part the influence of dominion which passeth from it , if inconveniencies do grow thereby ? it must be presumed , that supream governors will not in such case oppose themselves , and be stiff in detaining that , the use whereof is with publick detriment : but surely without their consent i see not how the body by any just means should be able to help it self , saving when dominion doth escheat ; such things therefore must be thought upon before hand , that power may be limited ere it be granted , which is the next thing we are to consider . in what measure . in power of dominion , all kings have not an equal latitude : kings by conquest make their own charter ; so , that how large their power , either civil or spiritual is , we cannot with any certainty define further , then onely to set them in the line of the law of god and nature for bounds . kings by gods own special appointment , have also that largeness of power which he doth assign or permit with approbation touching kings which were first instituted by agreement and composition made with them over whom they raign , how far their power may extend ; the articles of compact between them is to shew not only the articles of compact at the first beginning , which for the most part are either clean worm out of knowledg , or else known to very few ; but whatsoever hath been after in free and voluhtary manner condiscended unto , whether by express consent , ( whereof positive laws are witnesses , ) or else by silent allowance , famously notified through custome , reaching beyond the memory of man. by which means of after . agreement , it cometh many times to pass in kingdoms , that they whose ancient predecessors were by violence and force made subject , do by little and little grow into that sweet form of kingly government , which philosophers define , regency willingly sustained , and indued with chiefly of power in the greatest things . many of the ancients in their writings do speak of kings with such high and ample terms , as if universality of power , even in regard of things and not of persons , did appertain to the very being of a king : the reason is , because their speech concerning kings , they frame according to the state of those monarchs , to whom unlimited authority was given ; which some not observing , imagine , that all kings , even in that they are kings , ought to have whatsoever power they judge any soveraign ruler lawfully to have enjoyed . but the most judicious philosopher , whose eye scarce any things did escape which was to be found in the bosome of nature , he considering how far the power of one soveraign rule● may be different from another regal authority , noteth in spartan kings , that of all others they were most tied to law , and so the most restrained power . a king which hath not supream power in the greatest things , is rather intituled a king , then invested with reall soveraignty . we cannot properly term him a king , of whom it may not be said , at the least wise , as touching certain the chiefest affairs of the state , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , his right in them is to have rule , not subject to any other predominancy . i am not of opinion that simply in kings the most , but the best limited power is best , both for them and the people : the most limited is that which may deal in fewest things , the ●e●t , that which in dealing is tyed unto the soundest , perfectest , and most indifferent rule , which rule is the law : i mean not only the law of nature , and of god ; but the national law consonant thereunto . happier that people whose law is their king in the greatest things , then that whose king is himself their law : where the king doth guide the state , and the law the king , that common-wealth is like an harp or melodious instrument , the strings whereof are turned and handled all by one hand , following as laws , the rules and canons of musical science . most divinely therefore archytas maketh unto publike felicity these four steps and degrees , every of which doth spring from the former , as from another cause , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the king ruling by law , the magistrate following , the subject free , and the whole society happy . adding on the contrary side , that where this order is not , it cometh by transgression thereof to pass that a king groweth a tyrant ; he that ruleth under him abhorreth to be guided by him or commanded ; the people subject unto both , have freedome under neither , and the whole community is wretched . in which respect , i cannot chuse but commend highly their wisdom , by whom the foundations of the common-wealth hath been laid ; wherein though no manner of person , or cause be unsubject unto the kings power , yet so is the power of the king over all , and in all limited , that unto all his proceedings the law it self is a rule . the axioms of our regal government are these , lex facit regem : the kings grant of any favour made contrary to the law is void ; rex nibil potest nisi quod jure potest : our kings therefore , when they are to take possession of the crown they are called unto , have it pointed our before their eyes , even by the very solemnities and rites of their inauguration , to what affairs by the same law their supream power and authority reacheth ; crowned we see they are , enthronized and annointed ; the crown a sign of a military dominion : the throne of sedentary or judicial ; the oyl of religious and sacred power . it is not on any side denied , that kings may have authority in secular affairs . the question then is , what power they may lawfully have , and exercise in causes of god. a prince , or magistrate , or a community ( saith doctor stapleton ) may have power to lay corporal punishment on them which are teachers of perverse things ; power to make laws for the peace of the church ; power to proclaim , to defend , and even by revenge to preserve dogmata the very articles of religion themselves from violation . others , in affection no less devoted unto the papacy , do likewise yield , that the civil magistrate may by his edicts and laws keep all ecclesiastical persons within the bounds of their duties , and constrain them to observe the canons of the church , to follow the rule of ancient discipline . that , if ioash was commended for his care and provision , concerning so small a part of religion , as the church-treasure ; it must needs be both unto christian kings themselves greater honour , and to christianity a larger benefit , when the custody of religion , and the worship of god in general is their charge . it therefore all these things mentioned be most properly the affairs of gods ecclesiastical causes ; if the actions specified be works of power ; and if that power be such as kings may use of themselves , without the fear of any other power superior in the same thing ; it followeth necessarily , that kings may have supream power , not only in civil , but also in ecclesiastical affairs , and consequently , that they may withstand what bishop or pope soever shall , under the pretended claim of higher spiritual authority , oppose themselves against their proceedings . but they which have made us the former grant , will never hereunto condescend ; what they yield that princes may do , it is with secret exception always understood , if the bishop of rome give leave , if he enterpose no prohibition ; wherefore , somewhat it is in shew , in truth nothing which they grant . our own reformes do the very like , when they make their discourse in general , concerning the authority which magistrates may have , a man would think them to be far from withdrawing any jot of that , which with reason may be thought due . the prince and civil magistrate ( saith one of them ) hath to see the laws of god , touching his worship , and touching all matters , and all orders of the church to be executed , and duly observed ; and to see every ecclesiastical person do that office , whereunto he is appointed ; and to punish those which fail in their office accordingly . another acknowledgeth , that the magistrate may lawfully uphold all truth by his sword , punish all persons , enforce all to their duties towards god and men ; maintain by his laws every point of gods word , punish all vice in all men ; see into all causes , visit the ecclesiastical estate , and correct the abuses thereof : finally to look to his subjects , that under him they may lead their lives in all godliness and honesty● a third more frankly prosesseth , that in case their church discipline were established , so little it shortneth the arms of soveraign dominion in causes ecclesiastical , that her gracious majesty , for any thing they teach or hold to the contrary , may no less then now remain still over all persons , in all things supream governess even with that full and royal authority , superiority , and preheminence , supremacy , and prerogative , which the laws already established do give her ; and her majesties injunctions , and the articles of the convocation house , and other writings apologetical of her royal authority , and supream dignity , do declare and explain . possidonius was wont to say of the epicure , that he thought there were no gods , but that those things which he spake concerning the gods , were only given out for fear of growing adious amongst men : and therefore that in words he left gods remaining , but in very deed overthrew them , in so much as he gave them no kind of action . after the very self same manner , when we come unto those particular effects , prerogatives of dominion which the laws of this land do grant unto the kings thereof , it will appear how these men , notwithstanding their large and liberal speeches abate such parcels out of the afore alleadged grant and flourishing shew , that a man comparing the one with the other , may half stand in doubt , lest their opinion in very truth be against that authority , which by their speeches they seem mightily to uphold , partly for the avoiding of publike obloquie , envie , and hatred , partly to the intent they may both in the cad by the establishment of their discipline , extinguish the force of supream power , which princes have , and yet , in the mean while , by giving forth these smooth discourses , obtain that their savourers may have somewhat to alleadge for them by way of apologie , and that such words only sound towards all kind of fulness of power . but for my self , i had rather construe such their contradictions in the better part , and impute their general acknowledgment of the lawfullness of kingly power , unto the force of truth , presenting it self before them sometimes above their particular contrarieties , oppositions , denyals , unto that errour which having so fully possest their minds , casteth things inconvenient upon them ; of which things in their due place . touching that which is now in hand , weare on all sides fully agreed , first , that there is not any restraint or limitation of matter for regal authority and power to be conversant in , but of religion onely ; and of whatsoever cause thereunto appertaineth kings may lawfully have change , they lawfully may therein exercise dominion , and use the temporal sword. secondly , that some kind of actions conversant about such affairs are denyed unto kings : as namely , actions of power and order , and of spiritual jurisdiction , which hath with it inseparably joyned power to administer the word and sacraments , power to ordain , to judge as an ordinary , to bind and loose , to excommunicate , and such like . thirdly , that even in those very actions , which are proper unto dominion , there must be some certain rule whereunto kings in all their proceedings ought to be strictly tyed ; which rule for proceeding in ecclesiasticall affairs and causes by regal power , hath not hitherto been agreed upon with such uniform consent , and certainty , as might be wished . the different sentences of men herein i will now go about to examine , but it shall be enough to propose what rule doth seem in this case most reasonable . the case of deriving supream power from a whole intire multitude into some special part thereof ; as partly the necessity of expedition in publick affairs , partly the inconvenience of confusion and trouble , where a multitude of equals dealeth ; and partly the dissipation which must needs ensue , in companies where every man wholly seeketh his own particular ( as we all would do , even with other mens hurts ) and haply the very overthrow of themselves , in the end also ; if for the procurement of the common good of all men , by keeping every several man is order , some were not invested with authority over all , and encouraged with prerogative-honour to sustain the weighty burthen of that charge . the good which is proper unto each man belongeth to the common good of all , as part to the whole perfection ; but these two are things different ; for men by that which is proper , are severed ; united they are by that which is common . wherefore , besides that which moveth each man in particular to seek his own private good , there must be of necessity in all publick societies also a general mover , directing unto common good , and framing every mans particular unto it . the end whereunto all government was instituted , was bonum publicum , the universal or common good . our question is of dominion , for that end and purpose derived into one ; such as all in one publick state have agreed , that the supream charge of all things should be committed unto one : they , i say , considering what inconveniency may grow , where states are subject unto sundry supream authorities , have for fear of these inconveniencies withdrawn from liking to establish many ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the multitude of supream commanders is troublesome , no nan ( saith our saviour ) can serve two masters ; surely two supream masters would make any ones service somewhat uneasie in such cases as might fall out , suppose that to morrow the power which hath dominion in justice , require thee at the court ; that which in war , at the field ; that which in religion , at the temple ; all have equal authority over thee , and impossible it is , that then in such case thou shouldst be obedient unto all : by chusing any one whom thou wilt obey , certain thou art for thy disobedience to incur the displeasure of the other two . but there is nothing for which some comparable reason or other may not be found ; are we able to shew any commendable state of government , which by experience and practice hath felt the benefit of being in all causes subject unto the supream authority of one ? against the policy of the israelites , i hope there will no man except , where moses deriving so great a part of his burthen in government unto others , did notwithstanding retain to himself universal supremacy ; iehosaphat appointing one to be chosen in the affairs of god , and another in the kings affair's , did this as having dominion over them in both . if therefore from approbation of heaven , the kings of gods own chosen people had in the affairs of jewish religion supream power , why not christian kings the like also in christian religion ? first , unless men will answer , as some have done , that the jews religion was of far less perfection and dignity then ours , our being that truth whereof theirs was but a shadowish prefigurative resemblance . secondly , that all parts of their religion , their laws , their sacrifices , and their rights and ceremonies , being fully set down to their hands , and needing no more , but only to be put in execution ; the kings might well have highest authority to see that done ; whereas with us there are a number of mysteries even in belief , which were not so generally for them , as for us necessary to be with sound express acknowledgement understood : a number of things belonging to external government , and our manner of serving god , not set down by particular ordinances , and delivered to us in writing , for which cause the state of the church doth now require , that the spiritual authority of ecclesiastical persons be large , absolute , and not subordinate to regal power . thirdly , that whereas god armeth religion iewish as christian with the temporal sword . but of spiritual punishment , the one with power to imprison , to scourge , to put to death : the other with bare authority to censure and excommunicate : there is no reason that the church which hath no visible sword , should in regiment be subject unto any other power , then only unto theirs which have authority to bind and loose . fourthly , that albeit whilst the church was restrained unto one people , it seemed not incommodious to grant their king the general chiefty of power ; yet now the church having spread it self over all nations , great inconveniences must therby grow , if every christian king in his several territory shall have the like power . of all these differences , there is not one which doth prove it a thing repugnant to the law , either of god , or of nature , that all supremacy of external power be in christian kingdoms granted unto kings thereof , for preservation of quietness , unity , order , and peace , in such manner as hath been shewed . of the title of headship . for the title or state it self , although the laws of this land have annexed it to the crown , yet so far● we should not strive , if so be men were nice and scrupulous in this behalf only ; because they do wish that , for reverence to christ jesus , the civil magistrate did rather use some other form of speech wherewith to express that soveraign authority which he lawfully hath overall , both persons and causes of the church . but i see that hitherto they which condemn utterly the name so applyed , do it because they mislike that such power should be given to civil governours . the great exception that sir thomas moor took against that title , who suffered death for denyal of it , was , for that it maketh a lay , a secular person , the head of the state spiritual or ecclesiastical ; as though god himself did not name said ; the head of all the tribes of israel ; and consequently of that tribe also among the rest , whereunto the state spiritual or ecclesiastical belonged ; when the authors of the centuries reprove it in kings and civil governours , the reason is , i st is non competit iste primatus ; such kinde of power is too high for them , they fit it not : in excuse of mr. calvin , by whom this realm is condemned of blasphemy , for intitu●ing , h. . supream head of this church under christ , a charitable conjecture is made , that he spake by misinformation ; howbeit as he professeth utter dislike of that name , so whether the name be used or no , the very power it self which we give unto civil magistrates , he much complaineth of , and protesteth , that their power over all things was it which had ever wounded him deeply : that un-advised persons had made them too spiritual ; that throughout germany this fault did reign ; that in these very parts where calvin himself was , it prevailed more than was to be wished ; that rulers by imagining themselves so spiritual , have taken away ecclesiastical government ; that they think they cannot reign unless they abolish all the authority of the cuurch , and be themselves the chief iudges , as well in doctrine , as in the whole spiritual regency . so that , in truth , the question is , whether the magistrate by being head in such sense as we term him , do use or exercise any part of that authority , not which belongeth unto christ , but which other men ought to have . these things being first considered thus , it will be easier to judge concerning our own estate , whether by force of ecclesiastical government , kings have any other kinde of prerogative that they may lawfully hold and enjoy . it is , as some do imagine , too much , that kings of england should be termed heads in relation of the church . that which we do understand by headship , is , their only supreme power in ecclesiastical affairs and causes ; that which lawful princes are , what should make it unlawful for men in spiritual stiles or titles to signifie ? if the having of supream power be allowed , why is the expressing thereof , by the title of head , condemned ? they seem in words , ( at leastwise some of them ) now at the length to acknowledge , that kings may have dominion or supream government even over all , both persons and causes . we in terming our princes , heads of the church , do but testifie that we acknowledge them such governours . again , to this it will peradventure be replyed , that howsoever we interpret our selves , it is not fit for a mortal man , and therefore not fit for a civil magistrate to be intituled the head of the church , which was given to our saviour christ , to lift him above all powers , rules , dominions , titles , in heaven or in earth . where , if this title belong also to civil magistrates , then it is manifest , that there is a power in earth whereunto our saviour christ is not in this point superiour . again , if the civil magistrate may have this title , he may be termed also the first-begotten of all creatures . the first begotten of all the dead , yea the redeemer of his people . for these are alike given him as dignities whereby he is lifted up above all creatures . besides this , the whole argument of the apostle in both places doth lead to show that this title , head of the church , cannot be said of any creature . and further , the very domonstrative articles amongst the hebrews , especially whom st. paul doth follow , serveth to tye that which is verified of one , unto himself alone : so that when the apostle doth say that christ it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the head , it is as if he should say ; christ , and none other , is the head of the church . thus have we against the entituling of the highest magistrate , head , with relation unto the church , four several arguments gathered by strong surmise out of words marvellous unlikely to have been written to any such purpose , as that whereunto they are now used and urged . to the ephesians , the apostle writeth , that christ , god had set on his right hand in the heavenly places above all regency and authority , and power , and dominion , and whatsoever name is named , not in this world only , but in that which shall be also : and hath under his feet set all things , and hath given him head above all things unto the church , which is his body , even the fulness of him which accomplisheth all in all . to the colossians in like manner , that he is the head of the body of the church , who is a first born regency out of the dead , to the end he might be made amongst them all such an one as both the chiefty : he meaneth , amongst all them whom he mentioned before , saying . by him all things that are , were made ; the things in the heavens , and the things in the earth , the things that are visible , and the things that are invisible , whether they be thrones , or dominions , or regencies , &c. unto the fore-alledged arguments therefore we answer : first , that it is not simply the title of head , in such sort understood , as the apostle himself meant it ; so that the same being imparted in another sense unto others , doth not any wayes make those others his equals ; in as much as diversity of things is usually to be understood , even when of words there is no diversity ; and it is onely the adding of one and the same thing unto divers persons , which doth argue equality in them . if i term christ and cesar lords , yet this is no equalizing cesar with christ , because it is not thereby intended : to term the emperor lord , ( saith tertullian ) i , for my part , will not refuse , so that i be not required to call him lord in the same sense that god is so termed . neither doth it follow , which is objected in the second place , that if the civil magistrate may be intituled a head , he may as well be termed the first begotten of all creatures , the first begotten of the dead , and the redeemer of his people . for albeit the former dignity doth lift him up to less than these , yet these terms are not applyable and apt to signifie any other inferior dignity , as the former term of head was . the argument of matter which the apostle followeth hath small evidence or proof , that his meaning was to appropriate unto christ , that the aforesaid title ; otherwise than only in such sense as doth make it , being so understood , too high to be given to any creature . as for the force of the article where our lord and saviour is called the head , it serveth to tye that unto him by way of excellency , which in meaner degrees is common to others ; it doth not exclude any other utterly from being termed head , but from being intituled as christ is the head , by way of the very highest degree of excellency : not in the communication of names , but in the confusion of things , there is errour . howbeit , if head were a name that could not well be , nor never had been used to signifie that which a magistrate may be in relation to some church ; but were by continual use of speech appropriated unto the onely thing it signifieth , being applyed unto jesus christ ; then , although we must carry in our selves a right understanding , yet ought we otherwise rather to speak , unless we interpret our own meaning by some clause of plain speech , because we are else in manifest danger to be understood according to that construction and sense , wherein such words are personally spoken . but here the rarest construction , and most removed from common sense , is that which the word doth import being applyed unto christ ; that which we signifie by it in giving it to the magistrate , it is a great deal more familiar in the common conceit of men . the word is so fit to signifie all kindes of superiority , preheminence , and chiefty , that nothing is more ordinary than to use it in vulgar speech , and in common understanding so to take it : if therefore christian kings may have any preheminence or chiefty above all others , although it be less than that which theodore beza giveth , who placeth kings amongst the principal members , whereunto publick function to the church belongeth ; and denyeth not , but that of them which have publick fonction , the civil magistrates power hath all the rest at command , in regard of that part of his office , which is to procure that peace and good 〈…〉 especially kept in things concerning the first table ; if even hereupon they term him the head of the church , which is his kingdom , it should not seem so unfit a thing ; which title surely we could not communicate to any other , no not although it should at our hands be exacted with torments : but that our meaning herein is made known to the world , so that no man which will understand can easily be ignorant , that we do not impart unto kings , when we term them heads , the honor which is properly given to our lord and saviour christ , when the blessed apostle in scripture doth term him the head of the church . the power which we signifie in that name , differeth in three things plainly from that which christ doth challenge . first , it differeth in order , because god hath given to his church for the head , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 farr above all principalities , and powers , and might , and dominion , and every name that is named , not in this world only , but also in that which is to come : whereas the power which others have , is subordinate unto his . secondly , again , as he differeth in order , so in measure of power also ; because god hath given unto him the ends of the earth for his possesion ; unto him , dominion from sea to sea , unto him all power both in heaven and earth , unto him such soveraignty , as doth not only reach over all places , persons , and things , but doth rest in his own only person , and is not by any succession continued ; he reigneth as head and king , nor is there any kinde of law which tyeth him , but his own proper will and wisdom , his power is absolute , the same joyntly over all which it is severally over each : not so the power of any other headship . how kings are restrained , and how their power is limited , we have shewed before ; so that unto him is given by the title of headship ever the church that largeness of power , wherein neither man , nor angel , can be matched not compared with him . thirdly , the last and greatest difference between him and them , is in the very kinde of their power . the head being , of all other parts of the body , most divine , hath dominion over all the rest ; it is the fountain of sense , of motion , the throne where the guide of the soul doth reign ; the court from whence direction of all things human proceedeth . why christ is called the head of the church , these causes themselves do yield . as the head is the chiefest part of a man , above which there is none , alwayes joyned with the body ; so christ the highest in his church , is alwayes knit to it . again , as the head giveth sense and motion unto all the body , so he quickneth us , and , together with understanding of heavenly things , giveth strength to walk therein . seeing therefore that they cannot affirm christ sensibly present , or alwayes visibly joyned unto his body the church which is on earth , in as much as his corporal residence is in heaven ; again , seeing they do not affirm ( it were intolerable if they should ) that christ doth personally administer the external regiment of outward actions in the church , but , by the secret inward influence of his grace , giveth spiritual life , and the strength of ghostly motions thereunto : impossible it is , that they should so close up their eyes , as not to discern what odds there is between that kinde of operation , which we imply in the headship of princes , and that which agreeth to our saviours dominion over the church . the headship which we give unto kings , is altogether visibly exercised , and ordereth only the external frame of the church-affairs here amongst us ; so that it plainly differeth from christ's , even in very nature and kinde . to be in such sort united unto the church as he is ; to work as he worketh , either on the whole church or upon any particular assembly , or in any one man ; doth neither agree ; nor hath any possibility of agreeing unto any one besides him . against the first distinction or difference , it is to be objected , that to entitle a magistrate head of the church , although it be under christ , is not absurd . for christ hath a two-fold superiority ; ever his , and even kingdoms : according to the one , he hath a superior ; which is his father ; according to the other , none had immediate authority with his father ; that is to say , of the church he is head and governor onely as the son of man ; head and governor of kingdoms onely as the son of god. in the church , as man , he hath officers under him , which officers are ecclesiastical persons : as for the civil magistrate , his office belongeth unto kingdoms , and to common-wealths , neither is he there an under or subordinate head , considering that his authority cometh from god , simply and immediately , even as our saviour christ's doth . whereunto the sum of our answer is , first , that as christ being lord or head over all , doth , by vertue of that soveraignty , rule all ; so he hath no more a superiour in governing his church , than in exercising soveraign dominion upon the rest of the world besides . secondly , that all authority , as well civil as ecclesiastical , is subordinate unto him . and thirdly , the civil magistrate being termed head , by reason of that authority in ecclesiastical affairs which hath been already declared that themselves do acknowledge to be lawful : it followeth , that he is a head even subordinated of christ , and to christ. for more plain explication whereof , unto god we acknowledge daily , that kingdom , power , and glory , are his ; that he is the immortal and invisible king of ages , as well the future which shall be , as the present which now is . that which the father doth work as lord and king over all , he worketh not without , but by the son , who , through coeternal generation , receiveth of the father that power , which the father hath of himself . and for that cause our saviours words concerning his own dominion , are , to me all power both in heaven and in earth is given : the father by the son did create , and doth guide all , wherfore christ hath supream dominion over the whole universal world , christ is god , christ is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the consubstantial word of god , christ is also that consubstantial word which made man. as god , he saith of himself , i am alpha and omega , the beginning and the end : he which was , and which is , and which is to come , even the very omnipotent . as the consubstantial word of god , he hath with god , before the beginning of the world , that glory , which , as he was man , he requireth to have : father , glorifie thy son with that glory which with thee be enjoyed before the world wa● . further , it is not necessary , that all things spoken of christ should agree to him , either as god , or else as man ; but some things as he is the consubstantial word of god , some things as he is that word incarnate . the works of supream dominion which have been since the first beginning wrought by the power of the son of god , are now most properly and truly the works of the son of man : the word made flesh doth sit for ever , and reign , as soveraign lord over all . dominion belongeth unto the kingly office of christ , as propitration and mediation unto his priestly ; instruction , unto his pastoral and prophetical office. his works of dominion are , in sundry degrees and kindes , according to the different conditions of them that are subject unto it : he presently doth govern , and hereafter shall judge the world , intire and wholly ; and therefore his regal power cannot be with truth restrained unto a proportion of the world only . notwithstanding , forasmuch as all do not shew and acknowledge , with dutiful submission , that obedience which they owe unto him ; therefore such as do , their lord he is termed by way of excellency , no otherwise than the apostle doth term god the saviour generally of all , but especially of the faithful ; these being brought to the obedience of faith , are every where spoken of , as men translated into that kingdom , wherein whosoever is comprehended , christ is the author of eternal salvation unto them ; they have a high and ghostly fellowship with god and christ , and saints , as the apostle in more ample manner speaketh , aggregated they are unto mount sion , and to the city of the living god ; the celestial ierusalem , and to the company of innumerable angels , and to the congregation of the first born , which are written in heaven , and to god the iudge of all , and to the spirits of just and perfect men , and to iesus the mediator of the new testament . in a word , they are of that mystical body , which we term the church of christ. as for the rest we account them aliens from the common-wealth of israel , and that live in the kingdom of darkness , and that are in this present world without god. our saviours dominion is therefore over these , as over rebels ; over them , as over dutiful and loving subjects ; which things being in holy scriptures so plain , i somewhat muse at that strange position , that christ in the government of his church , and superiority over the officers of it , hath himself a superiour which is the father ; but in governing of kingdoms and common wealths , and in the superiority which he hath over kingdoms , no superiour . again , that the civil magistrates authority commeth from god immediately , as christs doth , and it subordinate unto christ. in what evangelist , apostle , or prophet , is it found , that christ ( supream governour of the church ) should be so unequal to himself , as he is supream governor of kingdoms ? the works of his providence for the preservation of mankinde , by upholding kingdoms , not only obedient unto , but also obstinate and rebellious against him , are such as proceed from divine power ; and are not the works of his providence for safety of god's elect , by gathering , inspiring , comforting , and every way preserving his church , such as proceed from the same power likewise ? surely , if christ , as god and man , hath ordained certain means for the gathering and keeping of his church , seeing this doth belong to the government of that church : it must in reason follow , i think , that , as god and man , he worketh in church regiment ; and consequently hath no more there any superiours , than in the government of the common-wealth . again , to be in the midst of his , wheresoever they are assembled in his name , and to be with them to the world's end , are comforts which christ doth perform to his church as lord and governour ; yea , such as he cannot perform but by that very power wherein he hath no superiour . wherefore , unless it can be proved , that all the works of our saviours government in the church , are done by the mere and onely force of his human nature , there is no remedy but to acknowledge it a manifest errour , that christ , in the government of the world , is equal to the father , but not in the government of the church . indeed , to the honour of this dominion , it cannot be said , that god did exalt him otherwise than only according to that human nature , wherein he was made low . for , as the son of god , there could no advancement or exaltation grow unto him : and yet the dominion , whereunto he was in his human nature lifted up , is not without divine power exercised . it is by divine power , that the son of man , who sitteth in heaven , doth work as king and lord upon us which are on earth . the exercise of his dominion over the church militant cannot choose but cease , when there is no longer any militant church in the world. and therefore , as generals of armies when they have finished their work , are wont to yield up such commissions as were given for that purpose , and to remain in the state of subjects , and not as lords , as concerning their former authority ; even so , when the end of all things is come , the son of man ( who till then reigneth ) shall do the like , as touching regiment over the militant church on the earth . so that between the son of man and his brethren , over whom he reigneth now in this their war fare , there shall be then , as touching the exercise of that regiment , no such difference , they not warfaring any longer under him ; but he , together with them , under god , receiving the joyes of everlasting triumph , that so god may be in all ; all misery in all the wicked , through his justice ; in all the righteous , through his love , all felicity and blisse . in the mean while he reigneth over the world as king , and doth those things wherein none is superiour unto him , whether we respect the works of his providence and kingdom , or of his regiment over the church . the cause of errour in this point , doth seem to have been a misconceit , that christ , as mediatour , being inferiour to his father , doth , as mediatour , all works of regiment over the church , when , in truth , regiment doth belong to his kingly office , mediatourship to his priestly . for , as the high-priest both offered sacrifices , for expiation of the peoples sins , and entred into the holy place , there to make intercession for them : so , christ having finished upon the cross that part of his priestly office , which wrought the propitiation for our sinnes , did afterwards enter into very heaven , and doth there , as mediatour of the new testament , appear in the sight of god for us . a like sleight of judgement it is , when they hold , that civil authority is from god , but not immediately through christ , nor with any subordination to god , nor doth any thing from god , but by the hands of our lord jesus christ. they deny it not , to be said of christ in the old testament , by me princes rule , and the nobles , and all the iudges of the earth . in the new as much is taught , that christ is the prince of the kings of the earth . wherefore , to the end it may more plainly appear , how all authority of man is derived from god through christ , and must by christian men be acknowledged to be no otherwise held then of , and under him ; we are to note , that , because whatsoever hath necessary being , the son of god doth cause it to be , and those things without which the world cannot well continue , have necessary being in the world : a thing of so great use as government , cannot choose but be originally from him. touching that authority which civil magistrates have in ecclesiastical affairs , it being from god by christ , as all other good things are , cannot chuse but be held as a thing received at his hands ; and , because such power is of necessity for the ordering of religion , wherein the essence and very being of the church consisteth , can no otherwise slow from him , than according to that special care which he hath to govern and guide his own people : it followeth , that the said authority is of and under him after a more special manner , in that he is head of the church , and not in respect of his general regency over the world. all things ( saith the apostle , speaking unto the church ) are yours , and ye are christs , and christ is god's . kings are christ's as saints , because they are of the church , if not collectively , yet divisively understood . it is over each particular person within that church where they are kings : surely , authority reacheth both unto all mens persons , and to all kindes of causes also : it is not denyed , but that they may have and lawfully exercise it ; such authority it is , for which , and for no other in the world , we term them heads ; such authority they have under christ , because he in all things is lord overall ; and even of christ it is that they have received such authority , in as much as of him all lawful powers are ; therefore the civil magistrate is , in regard of this power , an under and subordinate head of christ's people . it is but idle where they speak , that although , for several companies of men , there may be several heads or governours , differing in the measure of their authority from the chiefest , who is head over all ; yet it cannot be in the church , for that the reason why head-magistrates appoint others for such several places , it , because they cannot be present every where to perform the office of an head. but christ is never from his body , nor from any part of it , and therefore needeth not to substitute any , which may be heads , some over one church , and some over another . indeed the consideration of man's imbecillity , which maketh many heads necessary , where the burthen is too great for one , moved iethro to be a perswader of moses , that a number of heads of rulers might be instituted for discharge of that duty by parts , which in whole he saw was troublesome . now , although there be not in christ any such defect , or weakness ; yet other causes there be divers , more than we are able to search into , wherefore it might seem unto him expedient to divide his kingdom into many provinces , and place many heads over it , that the power which each of them hath in particular with restraint , might illustrate the greatness of his unlimited authority . besides , howsoever christ be spiritually alwayes united unto every part of his body , which is the church : nevertheless , we do all know , and they themselves who alledge this , will , i doubt not , confess also , that from every church here visible , christ , touching visible and corporal presence , is removed as farr as heaven from the earth is distant . visible government is a thing necessary for the church ; and it doth not appear , how the exercise of visible government over such multitudes every where dispersed throughout the world , should consist without sundry visible governours , whose power being the greatest in that kinde , so farr as it reacheth , they are in consideration thereof termed so farr heads . wherefore , notwithstanding the perpetual conjunction , by vertue whereof our saviour , alwayes remaineth spiritually united unto the parts of his mystical body , heads indeed with supream power , extending to a certain compasse , are for the exercise of a visible regiment not unnecessary . some other reasons there are belonging unto this branch , which seem to have been objected , rather for the exercise of mens wits , in dissolving sophismes , than that the authors of them could think in likelyhood , thereby to strengthen their cause . for example , if the magistrate be head of the church within his own dominion , then is he none of the church : for all that are of the church make the body of christ , and every one of the church fulfilleth the place of one member of the body : by making the magistrate therefore head , we do exclude him from being a member subject to the head , and so leave him no place in the church . by which reason , the name of a body politick , is supposed to be alwayes taken of the inferiour sort alone , excluding the principal guides and governors , contrary to all mens customes of speech . the errour ariseth by misconceiving of some scripture-sentences , where christ as the head , and the church as the body , are compared or opposed the one to the other . and , because in such comparisons ooppositions , the body is taken for those only parts which are subject unto the head ; they imagine , that who so is the head of any church , he is therefore even excluded from being a part of that church ; that the magistrate can be none of the church , if so we make him the head of the church in his own dominions : a chief and principal part of the church therefore . next , this is surely a strange conclusion , a church doth indeed make the body of christ , being wholly taken together ; and every one in the same church fulfilleth the place of a member in the body , but not the place of an inferiour member , the which hath supream authority and power over all the rest . wherefore , by making the magistrate head in his own dominions , we exclude him from being a member subject unto any other person , which may visibly there rule in place of a superiour or head over him ; but so farr are we off from leaving him by this means no place in the church , that we do grant him the hief place . indeed the heads of those visible bodies , which are many , can be but parts inferiour in that spiritual body which is but one ; yea , they may from t●●s be excluded clean , who notwithstanding ought to be honoured , as possessing in order the highest rooms : but for the magistrate to be termed , in his dominions , an head , doth not barr him from being any way a part or member of the church of god. as little to the purpose are those other cavils : a church which hath the magistrate for head , is perfect man without christ : so that the knitting of our saviour thereunto , should be an addition of that which is too much . again , if the church be the body of christ , and of the civil magistrate , it shall have two heads , which being monstrous , is to the great dishonour of christ and his church . thirdly , if the church be planted in a popular estate , then , forasmuch as all govern in common , and all have authority , all shall be heads there , and no body at all , which is another monster . it might be seared what this birth of so many monsters together might portend , but that we know how things , natural enough in themselves , may seem monstrous , through misconceit ; which errour of minde is indeed a monster : and the skilful in nature's mysteryes , have used to term it the wombe of monsters ; if any be , it is that troubled understanding , wherein , because things lye confusedly mixt together , what they are it appeareth not . a church perfect without christ , i know not how a man shall imagin ; unless there may be either christianity without christ , or else a church without christianity . if magistrates be heads of the church , they are of necessity christians , then is their head christ. the adding of christ universal head over all , unto magistrates particular headship , is no more superfluous in any church than , in other societyes : each is to be both severally subject unto some head , and to have a head also general for them all to be subject unto . for so in armys , in civil corporations , we see it fareth : a body politick , in such respects , is not like a natural body ; in this , more heads than one is superfluous ; in that , not . it is neither monstrous , nor yet uncomely for a church to have different heads : for if christian churches be in number many , and every of them a perfect body by it self , christ being lord and head over all ; why should we judge it a thing more monstrous for one body to have two heads , than one head so many bodyes ? him that god hath made the supream head of the whole church ; the head , not only of that mystical body , which the eye of man is not able to discern , but even of every christian politick society , of every visible church in the world ? and whereas , lastly , it is thought so strange , that in popular states , a multitude to it self should be both body and head , all this wonderment doth grow from a little over-sight , in deeming that the subject wherein headship ought to reside , should be evermore some one person ; which thing is not necessary . for in the collective body that hath not derived as yet the principality of power into some one or few , the whole of necessity must be head over each part ; otherwise it could not have power possibly to make any one certain person head , inasmuch as the very power of making a head belongeth unto headship . these supposed monsters we see therefore are no such giants , as that there should need any hercules to tame them . the last difference which we have between the title of head when we give it unto christ , and when we give it to other governours , is , that the kinde of dominion which it importeth , is not the same in both : christ is head , as being the fountain of life and ghostly nutriment , the well-spring of spiritual blessings powred into the body of the church , they heads , as being the principal instruments for the churches outward government ; he head , as founder of the house , they , as his chiefest overseers . against this is exception especially taken , and our purveyours are herein said to have their provision from the popish shambles : for by fighius and harding , to prove that christ alone is not head of the church , this distinction , they say , is brought , that , according to the inward influence of grace , christ only is head : but , according to the outward government , the being of head is a thing common to him with others . to raise up falshoods of old condemned , and bring it for confirmation of any thing doubtful , which already hath sufficiently been proved an error , and is worthily so taken , this would justly deserve censuring . but , shall manifest truth therefore be reproached , because men convicted in some things of manifest untruth , have at any time thought or alledged it ? if too much eagerness against their adversaries had not made them forget themselves , they might remember , where being charged as maintainers of those very things , for which others before them have been condemned of heresie , yet , lest the name of any such heretick , holding the same which they do , should make them odious ; they stick not frankly to confess , that they are not afraid to consent in some points , with iews and turks : which defence , for all that , were a very weak buckler for such as should consent with jews and turks , in that which they have been abhorted and hated for in the church . but as for this distinction of headship . spiritual and mystical of jesus christ , ministerial and outward in others besides christ : what cause is there to mislike either harding , or pighins , or any other besides for it ? that which they have been reproved for , is , not because they did therein utter an untruth , but such a truth as was not sufficient to bear up the cause which they did thereby seek to maintain . by this distinction , they have both truly and sufficiently proved , that the name of head importing power and dominion over the church , might be given to others besides christ , without prejudice to any part of his honor . that which they should have made manifest , was , the name of head , importing the power of universal dominion over the whole church of christ militant , doth , and that by divine right , appertain to the pope of rome : they did prove it lawful to grant unto others , besides christ , the power of headship in a different kinde from his ; but they should have proved it lawful to challenge , as they did to the bishop of rome , a power universal in that different kinde . their fault was therefore in exacting wrongfully so great power as they challenged in that kinde , and not in making two kindes of power , unless some reasons can be shewed for which this distinction of power should be thought erroneous and false . a little they stirr , ( although in vain ) to prove , that we cannot with truth make such distinction of power , whereof the one kinde should agree unto christ onely , and the other be further communicated . thus therefore they argue , if there be no head but christ , in respect of spiritual government , there is no head but be in respect of the word , sacraments , and discipline administred by those whom he hath appointed , for as much also as it is his spiritual government : their meaning is , that whereas we make two kindes of power , of which two , the one being spiritual , is proper unto christ , the other , men are capable of , because it is visible and external : we do amiss altogether in distinguishing , they think , forasmuch as the visible and external power of regiment over the church , is onely in relation unto the word , sacraments , and discipline , administred by such as christ hath appointed thereunto , and the exercise of this power is also his spiritual government : therefore we do but vainly imagin a visible and external power in the church differing from his spiritual power . such disputes as this , do somewhat resemble the practising of well-willers upon their friends in the pangs of death , whose maner is , even their , to put smoak in their nostrils , and so to fetch them again , alhough they know it a matter impossible to keep them living . the kinde of affecton which the favourers of this laboring cause bear towards it , will not suffer them to se it dye , although by what means they should make it live , they do not see ; but thy may see that these wrestlings will not help : can they be ignorant how little it boteth to overcast so clear a light with some mist of ambiguity in the name of spiritual r●iment ? to make things therefore so plain , that henceforward a childes capacity ma serve rightly to conceive our meaning , we make the spiritual regiment of christ to ●e generally that whereby his church is ruled and governed in things spiritual . of this general we make two distinct kindes ; the one invisible , exercised by christ himself in his own person ; the other outwardly administred by them , whom christ doth allow , to be rulers and guiders of his church . touching the former of these two kindes , we teach that christ , in regard thereof , is particularly termed the head of the church of god ; neither can any other creature , in that sense and meaning , be termed head , besides him , because it importeth the conduct and government of our souls , by the hand of that blessed spirit wherewith we are sealed and marked , as being peculiarly his . him onely therefore do we acknowledge to be the lord , which dwelleth , liveth , and reigneth in our hearts ; him only to be that head , which giveth salvation and life unto his body ; him onely to be that fountain from whence the influence of heavenly graces distilleth , and is derived into all parts , whether the word , or the sacraments , or discipline , or whatsoever , be the means whereby it floweth . as for the power of administring these things in the church of christ , which power we call the power of order , it is indeed both spiritual and his ; spiritual , because such properly concerns as the spirit : his , because by him it was instituted . howbeit , neither spiritual , as that which is inwardly and invisibly exercised ; nor his , as that which he himself , in person , doth exercise . again , that power of dominion , which is indeed the point of this controversie , and doth also belong to the second kinde of spiritual government , namely , unto that regiment which is external and visible : this likewise being spiritual in regard of the manner about which it dealeth ; and being his , in as much as he approveth whatsoever is done by it , must notwithstanding be distinguished also from that power whereby he himself in person administreth the former kinde of his own spiritual regiment , because he himself in person doth not administer this , we do not therefore vainly imagine , but truly and rightly discern a power external and visible in the church , exercised by men , and severed in nature from that spiritual power of christ's own regiment ; which power is termed spiritual , because it worketh secretly , inwardly , and invisibly : his , because none doth , nor can it personally exercise , either besides , or together with him , seeing that him onely we may name our head , in regard of his ; and yet , in regard of that other power from this , term others also , besides him , heads , without any contradiction at all ; which thing may very well serve for answer unto that also which they further alledge against the aforesaid distinction , namely , that even the outward societies and assemblies of the church , where one or two are gathered together in his name , either for hearing of the word , or for prayer , or any other church-exercise , our saviour christ being in the midst of them as mediatour , must be their head : and if he be not there idle , but doing the office of a head fully , it followeth , that even in the outward societies and meetings of the church , no more man can be called the head of it , seeing that our saviour christ doing the whole office of the head himself alone , leaveth nothing to men , by doing whereof they may obtain that title . which objection i take as being made for nothing but onely to maintain argument : for they are not so farr gone as to argue this in sooth and right good earnest . god standeth ( saith the psalmist ) in the midst of gods ; if god be there present , he must undoubtedly be present as god ; if he be not there idle , but doing the office of a god fully , it followeth , that god himself alone doing the whole office of a god , leaveth nothing in such assemblies to any other , by doing whereof they may obtain so high a name . the psalmist therefore hath spoken amiss , and doth ill to call judges , gods. not so ; for as god hath his office differing from theirs , and doth fully discharge it even in the midst of them , so they are not hereby excluded from all kinde of duty , for which that name should be given into them also , but in that duty for which it was given them , they are encouraged religiously and carefully to order themselves after the self-same manner . our lord and saviour being in the midst of his church as head , is our comfort , without the abridgement of any one duty ; for performance whereof , others are termed headsm another kinde than he is . if there be of the antient fathers , which say , that thee is but one head of the church , christ ; and that the minister that baptizeth canno●●e the head of him that is baptized , because christ is the head of the whole church : and tat paul could not be head of the church which he planted , because christ is the head of the whole body : they understand the name of head in such sort as we grant , that it is o● applicable to any other , no not in relation , to the least part of the whole churh ; he which baptizeth , baptizeth into christ ; he which converteth , converteth into christ ; he which ruleth , ruleth for christ. the whole church can have but one to be head as lord and owner of all ; wherefore if christ be head in that kinde , it followeth , that no other besides can be so either to the whole or to any part . to call and dissolve all solemn assemblies about the publick affairs of the church . amongst sundry prerogatives of simons dominion over the jews , there is reckoned , as not the least , that no man might gather any great assembly in the land without him . for so the manner of jewish regiment had alwayes been , that , whether the cause for which men assembled themselves in peaceable , good , and orderly sort were ecclesiastical , or civil , supream authority should assemble them ; david gathered all israel together unto ierusalem ; when the ark was to be removed , he assembled the sons of aaron and the levites . solomon did the like at such time as the temple was to be dedicated ; when the church was to be reformed , asa in his time did the same : the same upon like occasions was done afterwards by ioash , hezekiat , iosiah , and others . the consuls of rome , polybius affirmeth to have had a kinde of regal authority , in that they might call together the senate and people whensoever it pleased them . seeing therefore the affairs of the church and christian religion , are publick affairs , for the ordering whereof more solemn assemblies sometimes are of as great importance and use , as they are for secular affairs : it seemeth no less an act of supream authority to call the one , then the other . wherefore the clergy , in such wise gathered together , is an ecclesiastical senate , which with us , as in former times , the chiefest prelate at his discretion did use to assemble ; so that afterwards in such considerations as have been before specified , it seemed more meet to annex the said prerogative to the crown . the plot of reformed discipline not liking thereof so well , taketh order , that every former assembly before it breaketh up , should it self appoint both the time and place of their after-meeting again . but , because i finde not any thing on that side particularly alledged against us herein , a longer disputation about so plain a cause shall not need . the antient imperial law forbiddeth such assemblies as the emperor's authority did not cause to be made . before emperors became christians , the church had never any general synod ; their greatest meeting consisting of bishops , and others the gravest in each province . as for the civil governor's authority , it suffered them only as things not regarded , or not accounted of at such times as it did suffer them . so that what right a christian king hath as touching assemblies of that kinde , we are not able to judge , till we come to later times , when religion had won the hearts of the highest powers . constantine , ( as pighius doth grant ) was not only the first that ever did call any general councel together , but even the first that devised the calling of them for consultation about the businesses of god. after he had once given the example , his successors a long time followed the same ; in so much that st. hierom to disprove the authority of a synod , which was pretended to be general , useth this as a forcible argument , dic , quis imperator have synodum jusserit convocari ? their answer hereunto , is no answer , which say , that the emperors did not this without conference had with the bishops : for to our purpose it is enough , if the clergy alone did it not otherwise than by the leave and appointment of their soveraign lords and kings . whereas therefore it is on the contrary side alledged , that valentinian the elder being requested by catholick bishops , to grant that there might be a synod for the ordering of matters called in question by the arians , answered , that he being one of the laity , might not meddle with such matters , and thereupon willed , that the priests and bishops , to whom the care of those things belongeth , should meet and consult together by themselves where they thought good . we must , with the emperor's speech , weigh the occasion and drift thereof . valentinian and valens , the one a catholick , the other an arian , were emperors together : valens , the governour of the east , and valentinian of the west empire . valentinian therefore taking his journey from the east , unto the west parts , and passing for that intent through thracia , there the bishops , which held the soundnesse of christian belief , because they knew that valent was their professed enemy , and therefore if the other was once departed out of those quarters , the catholick cause was like to finde very small favour , moved presently valentinian about a councel to be assembled under the countenance of his authority ; who by likelihood considering what inconvenience might grow thereby , inasmuch as it could not be but a means to incense valens the more against them , refused himself to be author of , or present at any such assembly ; and of this his denyal gave them a colourable reason , to wit , that he was , although an emperour , yet a secular person , and therefore not able , in matters of so great obscurity , to fit as a competent judge . but if they which were bishops and learned men , did think good to consule thereof together , they might ; whereupon , when they could not obtain that which they most desired , yet that which he granted unto them they took , and forthwith had a councel . valentinian went on towards rome , they remaining in consultation , till valens , which accompanied him , returned back , so that now there was no remedy , but either to incurr a manifest contempt , or else at the hands of valens himself , to seek approbation of that they had done . to him therefore they became suitors : his answer was short ; either arianism , or exile , which they would ; whereupon their banishment ensued . let reasonable men now therefore be judges , how much this example of valentinian doth make against the authority , which we say that soveraign rulers may lawfully have , as concerning synods and meetings ecclesiastical . of the authority of making laws . there are which wonder , that we should account any statute a law , which the high court of parliament in england hath established about the matters of church-regiment ; the prince and court of parliament , having ( as they suppose ) no more lawful means to give order to the church and clergy in those things , than they have to make laws for the hierarchies of angels in heaven ; that the parliament being a mere temporal court , can neither by the law of nature , nor of god , have competent power to define of such matters ; that supremacy in this kinde cannot belong unto kings , as kings , because pagan emperours , whose princely power was true soveraignty , never challenged so much over the church ; that power , in this kinde , cannot be the right of any earthly crown , prince , or state , in that they be christians , forasmuch as if they be christians , they all owe subjection to the pastors of their souls , that the prince therefore not having it himself , cannot communicate it to the parliament , and consequently cannot make laws here , or determine of the churches regiment by himself , parliament , or any other court subjected unto him . the parliament of england , together with the convocation annexed thereunto , is that whereupon the very essence of all government within this kingdom doth depend , it is even the body of the whole realm ; it consisteth of the king , and of all that within the land are subject unto him . the parliament is a court , not so merely temporal , as if it might meddle with nothing but onely leather and wool : those dayes of queen mary are not yet forgotten , wherein the realm did submit it self unto the legate of pope iulius , at which time , had they been perswaded , as this man seemeth now to be , had they thought , that there is no more force in laws made by parliament concerning church-affairs , then if men should take upon them to make orders for the hierarchies of angels in heaven , they might have taken all former statutes of that kinde as cancelled , and , by reason of nullity , abrogated . what need was there , that they should bargain with the cardinal , and purchase their pardon by promise made before-hand , that what laws they had made , assented unto , or executed , against the bishop of rome's supremacy , the same they would , in that present parliament , effectually abrogate and repeal ? had they power to repeal laws made , and none to make laws concerning the regiment of the church ? again , when they had by suit obtained his confirmation for such foundations of bishopricks , cathedral churches , hospitals , colledges , and schools , for such marriages before made , for such institutions into livings ecclesiastical , and for all such judicial processes , as having been ordered according to the laws before in force , but contrary unto the canons and orders of the church of rome ; were in that respect thought defective , although the cardinal in his letters of dispensation , did give validity unto those acts , even apostolicae firmitatis robur , the very strength of apostolical solidity ; what had all these been without those grave authentical words ? be it enacted by the authority of this present parliament , that all and singular articles and clauses contained in the said dispensation , shall remain and be reputed and taken to all intents and constructions in the laws of this realm , lawful , good and effectual to be alledged and pleaded in all courts ecclesiastical and temporal , for good and sufficient matter either for the plaintiff or defendant , without any allegation or objection to be made against the validity of them , by pretence of any general councel , canon , or decree to the contrary . somewhat belike they thought there was in this mere temporal court , without which the popes own mere ecclesiastical legate's dispensation had taken small effect in the church of england ; neither did they , or the cardinal imagine any thing committed against the law of nature , or of god , because they took order for the churches affairs , and that even in the court of parliament . the most natural and religious course in making laws , is , that the matter of them be taken from the judgement of the wisest in those things which they are to concern . in matters of god , to set down a form of prayer , a solemn confession of the articles of the christian faith , and ceremonies meet for the exercise of religion ; it were unnatural not to think the pastors and bishops of our souls a great deal more fit , than men of secular trades , and callings : howbeit , when all , which the wisdome of all sorts can do , is done for the devising of laws in the church , it is the general consent of all that giveth them the form and vigour of laws , without which they could be no more unto us than the councel of physitians to the sick . well might they seem as wholesom admonitions and instructions ; but laws could they never be , without consent of the whole church , to be guided by them ; whereunto both nature and the practise of the church of god set down in scripture , is found every way so fully consonant , that god himself would not impose , no not his own laws , upon his people , by the hand of moses , without their free and open consent . wherefore , to define and determine , even of the churches affairs by way of assent and approbation , as laws are defined in that right of power , which doth give them the force of laws ; thus to define of our own churches regiment , the parliament of england hath competent authority . touching that supremacy of power which our kings have in this case of making laws , it resteth principally in the strength of a negative voice , which not to give them , were to deny them that , without which they were kings but by mere title , and not in exercise of dominion . be it in regiment popular , aristocratical , or regal , principality resteth in that person , or those persons unto whom is given right of excluding any kinde of law whatsoever it be , before establishment . this doth belong unto kings , as kings ; pagan emperors , even nero himself had no less ; but much more than this in the laws of his own empire . that he challenged not any interest of giving voice in the laws of the church , i hope no man will so construe , as if the cause were conscience , and fear to encroach upon the apostles right . if then it be demanded , by what right from constantine downward , the christian emperors did so far intermeddle with the churches affairs , either we must herein condemn them , as being over presumptuously bold , or else judge that , by a law , which is termed regia , that is to say , regal , the people having derived unto their emperors their whole power for making of laws , and by that means his edicts being made laws , what matter soever they did concern , as imperial dignity endowed them with competent authority and power to make laws for religion , so they were thought by christianity to use their power , being christians , unto the benefit of the church of christ was there any christian bishop in the world which did then judge this repugnant unto the dutiful subjection which christians do ow to the pastors of their souls , to whom , in respect of their sacred order , it is not by us , neither may be denied , that kings and princes are as much , as the very meanest that liveth under them , bound in conscience to shew themselves gladly and willingly obedient , receiving the seals of salvation , the blessed sacraments at their hands , as at the hands of our lord jesus christ , with all reverence , not disdaining to be taught and admonished by them , nor with-holding from them as much as the least part of their due and decent honour ? all which , for any thing that hath been alleadged , may stand very well without resignation of supremacy of power in making laws , even laws concerning the most spiritual affairs of the church ; which laws being made amongst us , are not by any of us so taken or interpreted , as if they did receive their force from power , which the prince doth communicate unto the parliament , or unto any other court under him , but from power which the whole body of the realm being naturally possest with , hath by free and deliberate assent derived unto him that ruleth over them , so farr forth as hath been declared ; so that our laws made concerning religion , do take originally their essence from the power of the whole realm and church of england , than which , nothing can be more consonant unto the law of nature and the will of our lord jesus christ. to let these go , and return to our own men ; ecclesiastical governours , they say , may not meddle with making of civil laws , and of laws for the common-wealth ; nor the civil magistrate , high or low , with making of orders for the church . it seemeth unto me very strange , that these men , which are in no cause more vehement and fierce than where they plead , that ecclesiastical persons may not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be lords , should hold , that the power of making ecclesiastical laws , which thing of all other is most proper unto dominion , belongeth to none but ecclesiastical persons onely : their oversight groweth herein for want of exact observation , what it is to make a law. tully , speaking of the law of nature , saith , that thereof god himself was inventor , disceptator , lator , the deviser , the discusser , and deliverer : wherein he plainly alludeth unto the chiefest parts which then did appertain to his publick action . for when laws were made , the first thing was to have them devised ; thesecond to sift them with as much exactness of judgement as any way might be used ; the next by solemn voyce of soveraign authority to pass them , and give them the force of laws . it cannot in any reason seem otherwise than most fit , that unto ecclesiastical persons the care of devising ecclesiastical laws be committed , even as the care of civil unto them which are in those affairs most skilful . this taketh not away from ecclesiastical persons , all right of giving voyce with others , when civil laws are proposed for regiment of the common-wealth , whereof themselves , though now the world would have them annihilated , are notwithstanding as yet a part ; much less doth it cut off that part of the power of princes , whereby , as they claim , so we know no reasonable cause wherefore we may not grant them , without offence to almighty god , so much authority in making all manner of laws within their own dominions , that neither civil , nor ecclesiastical do pass without their royal assent . in devising and discussing of laws , wisdom especially is required ; but that which establisheth them , and maketh them , is power ; even power of dominion ; the chiefty whereof ( amongst us ) resteth in the person of the king. is there any law of christs , which forbiddeth kings and rulers of the earth to have such soveraign and supream power in the making of laws , either civil or ecclesiastical ? if there be , our controversie hathan end . christ , in his church , hath not appointed any such law , concerning temporal power , as god did of old unto the common-wealth of israel ; but leaving that to be at the world 's free choice , his chiefest care is , that the spiritual law of the gospel might be published farr and wide . they that received the law of christ , were , for a long time , people scattered in sundry kingdoms , christianity not exempting them from the laws which they had been subject unto , saving only in such cases as those laws did injoyn that which the religion of christ did forbid : hereupon grew their manifold persecutions throughout all places where they lived ; as oft as it thus came to pass , there was no possibility that the emperours and kings under whom they lived , should meddle any whit at all with making laws for the church . from christ , therefore , having received power , who doubteth , but as they did , so they might binde them to such orders as seemed fittest for the maintenance of their religion , without the leave of high or low in the common-wealth ; for as much as in religion it was divided utterly from them , and they from it . but when the mightiest began to like of the christian faith ; by their means , whole free-states and kingdoms became obedient unto christ. now the question is , whether kings , by embracing christianity , do thereby receive any such law as taketh from them the weightiest part of that soveraignty which they had even when they were heathens : whether , being infidels , they might do more in causes of religion , than now they can by the laws of god , being true believers . for , whereas in regal states , the king or supream head of the common-wealth , had , before christianity , a supream stroak in making of laws for religion ; he must by embracing christian religion utterly deprive himself thereof , and in such causes become subject unto his subjects , having even within his own dominions them whose commandment he must obey ; unlesse his power be placed in the head of some foreign spiritual potentate : so that either a foreign or domestical commander upon earth , he must admit more now , than before he had , and that in the chiefest things whereupon common-wealths do stand . but apparent it is unto all men which are not strangers unto the doctrine of jesus christ , that no state of the world receiving christianity , is , by any law therein contained , bound to resign the power which they lawfully held before : but over what persons , and in what causes soever the same hath been in force , it may so remain and continue still . that which , as kings , they might do in matters of religion , and did in matter of false religion , being idolatrous and superstitious kings , the same they are now even in every respect fully authorized to do in all affairs pertinent to the state of true christian religion . and , concerning the supream power of making laws for all persons , in all causes to be guided by , it is not to be let passe , that the head enemies of this headship are constrained to acknowledge the king endued even with this very power , so that he may and ought to exercise the same , taking order for the church and her affairs , of what nature of kinde soever , in case of necessity : as when there is no lawful ministry , which they interpret then to be ( and this surely is a point very remarkable , ) wheresoever the ministry is wicked . a wicked ministry is no lawful ministry ; and in such sort no lawful ministry , that , what doth belong unto them as ministers by right of their calling , the same to be annihilated in respect of their bad qualities ; their wickedness in it self a deprivation of right to deal in the affairs of the church , and a warrant for others to deal in them which are held to be of a clean other society , the members whereof have been before so peremptorily for ever excluded from power of dealing for ever with affairs of the church . they which once have learned throughly this lesson , will quickly be capable perhaps of another equivalent unto it . for the wickedness of the ministery transfers their right unto the king ; in case the king be as wicked as they , to whom then shall the right descend ? there is no remedy , all must come by devolution at length , even as the family of brown will have it , unto the godly among the people , for confusion unto the wise and the great , by the poor and the simple : some kniper doling , with his retinue , must take this work of the lord in hand ; and the making of church-laws and orders , must prove to be their right in the end : if not for love of the truth , yet for shame of grosse absurdities , let these contentions and stifling fancies be abandoned . the cause which moved them for a time to hold a wicked ministery no lawful ministry ; and in this defect of a lawful ministery , authorized kings to make laws and orders for the affairs of the church , till it were well established , is surely this . first , they see that whereas the continual dealing of the kings of israel in the affairs of the church , doth make now very strong against them , the burthen whereof they shall in time well enough shake off , if it may be obtained , that it is indeed lawful for kings to follow these holy examples ; howbeit no longer than during the case of necessity , while the wickednesse , and in respect thereof , the unlawfulness of the ministery doth continue . secondly , they perceive right well , that unlesse they should yield authority unto kings in case of such supposed necessity , the discipline they urge were clean excluded , as long as the clergy of england , doth thereunto remain opposite . to open therefore a door for her entrance , there is no remedy but the tenet must be this : that now when the ministery of england is universally wicked , and in that respect hath lost all authority , and is become no lawful ministery , no such ministery as hath the right , which otherwise should belong unto them if they were vertuous and godly , as their adversaries are ; in this necessity the king may do somewhat for the church : that which we do imply in the name of headship , he may both have and exercise till they be entered , which will disburthen and ease him of it : till they come , the king is licensed to hold that power which we call headship . but what afterwards ? in a church ordered , that which the supream magistrate hath to do , is to see that the laws of god touching his worship , and touching all matters and orders of the church , be executed and duly observed ; to see that every ecclesiastical person do that office whereunto he is appointed , to punish those that fail in their office. in a word , that which allain himself acknowledgeth unto the earthly power which god hath given him , it doth belong to defend the laws of the church ; to cause them to be executed , and to punish rebels and transgressors of the same : on all sides therfore it is confest , that to the king belongeth power of maintaining the laws made for church-regiment , and of causing them to be observed ; but principality of power in making them , which is the thing we attribute unto kings , this both the one sort , and the other do withstand . touching the kings supereminent authority in commanding , and in judging of causes ecclesiastical ; first , to explain therein our meaning , it hath been taken as if we did hold , that kings may prescribe what themselves think good to be done in the service of god : how the word shall be taught , how the sacraments administred ; that kings may personally sit in the consistory where the bishops do , hearing and determining what causes soever do appertain unto the church ; that kings and queens in their own proper persons , are by judicial sentence to decide the questions which do rise about matters of faith and christian religion ; that kings may excommunicate ; finally , that kings may do whatsoever is incident unto the office and duty of an ecclesiastical judge . which opinion , because we account as absurd , as they who have fathered the same upon us , we do them to wit , that this is our meaning and no otherwise : there is not within this realm an ecclesiastical officer , that may by the authority of his own place , command universally throughout the kings dominions : but they of this people , whom one may command , are to anothers commandement unsubject . only the kings royal power is of so large compass , that no man , commanded by him according to the order of law , can plead himself to be without the bounds and limits of that authority . isay , according to order of law , because that with us the highest have thereunto so tyed themselves , that , otherwise than so , they take not upon them to command any . and , that kings should be in such sort supream commanders over all men , we hold it requisite , as well for the ordering of spiritual , as civil affairs ; in as much as without universal authority in this kinde , they should not be able when need is , to do as vertuous kings have done . josiah , parposing to renew the house of the lord , assembled the priests and levites ; and when they were together , gave them their charge , saying : go out unto the cities of judah , and gather of israel money to repair the house of the lord from year to year , and haste the things : but the levites hastned not . therefore the king commanded jehoida , the chief-priest , and said unto him ; why hast thou not required of the levites , to bring in out of judah and jerusalem , the tax of moses , the servant of the lord , and of the congregation of israel , for the tabernacle of the testimony ? for wicked athalia , and her children brake up the house of the lord god , and all the things that were dedicated for the house of the lord , did they bestow upon balaam . therefore the king commanded , and they made a chest , and set it at the gate of the house of the lord without , and they made a proclamation through judah and jerusalem , to bring unto the lord , the tax of moses the servant of the lord , laid upon israel in the wilderness . could either he have done this , or after him ezekias the like concerning the celebration of the passeover , but that all sorts of men in all things did owe unto these their soveraign rulers , the same obedience , which sometimes iosuah had them by vow and promise bound unto ? whosoever shall rebel against thy commandments , and will not obey thy words in all thou commandest him , let him be put to death : only be strong and of a good courage . furthermore , judgement ecclesiastical we say is necessary for decision of controversies rising between man and man , and for correction of faults committed in the affairs of god : unto the due execution whereof there are three things necessary , laws , judges , and supream governours of judgements . what courts there shall be , and what causes shall belong unto each court , and what judges shall determine of every cause , and what order in all judgements shall be kept ; of these things the laws have sufficiently disposed , so that his duty who sitteth in any such court , is to judge , not of , but after the same law , imprimis illud observare debet iudex , ne aliter judicet quam legibus , constitutionibus , aut moribus proditum est , ut imperator iustinianaus ; which laws ( for we mean the positive laws of our realm , concerning ecclesiastical affairs ) if they otherwise dispose of any such thing , than according to the law of reason , and of god , we must both acknowledge them to be amiss , and endeavour to have them reformed : but touching that point , what may be objected , shall after appear . our judges in causes ecclesiastical , are either ordinary or commissionary ; ordinary , those whom we term ordinaries ; and such , by the laws of this land , are none but prelates onely , whose power to do that which they do , is in themselves , and belonging to the nature of their ecclesiastical calling . in spiritual causes , a lay-person may be no ordinary ; a commissionary judge , there is no lett but that he may be ; and , that our laws do evermore referr the ordinary judgement of spiritual causes unto spiritual persons , such as are termed ordinaries , no man which knoweth any thing of the practice of this realm , can easily be ignorant . now , besides them which are authorized to judge in several territories , there is required an universal power which reacheth over all , imparting supream authority of government , over all courts , all judges , all causes ; the operation of which power , is as well to strengthen , maintain , and uphold particular jurisdictions , which haply might else be of small effect : as also to remedy that which they are not able to help , and to redress that wherein they at any time do otherwise than they ought to do . this power being sometime in the bishop of rome , who , by sinister practises had drawn it into his hands , was , for just considerations , by publick consent annexed unto the kings royal seat and crown ; from thence the authors of reformation would translate it into their national assemblies or synods , which synods are the onely helps which they think lawful to use against such evils in the church , as particular jurisdictions are not sufficient to redress . in which cause , our laws have provided , that the kings supereminent authority and power shall serve : as namely , when the whole ecclesiastical state , or the principal persons therein , do need visitation and reformation ; when in any part of the church , errours , schismes , herusies , abuses , offences , contempts , enormities , are grown ; which men , in their several jurisdictions , either do not , or cannot help . whatsoever any spiritual authority and power ( such as legates from the see of rome did sometimes exercise ) hath done or might heretofore have done , for the remedies of those evils in lawful sort , ( that is to say , without the violation of the laws of god , or nature , in the deed done ) as much in every degree our laws have fully granted , that the king for ever may do , not onely be setting ecclesiastical synods on work , that the thing may be their act , and the king their motioner unto it , for so much perhaps the masters of the reformation will grant : but by commissions few or many , who having the kings letters patents , may , in the vertue thereof , execute the premises as agents in the right , not of their own peculiar and ordinary , but of his supereminent power . when men are wronged by inferiour judges , or have any just cause to take exception against them ; their way for redress , is to make their appeal ; and appeal is a present delivery of him which maketh it , out of the hands of their power and jurisdictions from whence it is made . pope alexander having sometimes the king of england at advantage , caused him , amongst other things , to agree , that as many of his subjects as would , might have appeal to the court of rome . and thus ( saith one ) that whereunto a mean person at this day would scorn to submit himself , so great a king was content to he subject to . notwithstanding , even when the pope ( saith he ) had so great authority amongst princes which were farr off , the romans he could not frame to obedience , nor was able to obtain that himself might abide at rome , though promising not to meddle with other than ecclesiastical affairs . so much are things that terrifie , more feared by such as behold them aloof off than at hand . reformers i doubt not in some causes will admit appeals , but appeals made to their synods ; even as the church of rome doth allow of them , so they be made to the bishop of rome . as for that kinde of appeal which the english laws do approve from the judge of any certain particular court unto the king , as the onely supream governour on earth , who , by his delegates , may give a final definitive sentence , from which no farther appeal can be made : will their plat-form allow of this ? surely , forasmuch as in that estate which they all dream of , the whole church must be divided into parishes , in which none can have greater or less authority and power than another ; again , the king himself must be but a common member in the body of his own parish , and the causes of that onely parish , must be by the officers thereof determinable : in case the king had so much favour or preferment , as to be made one of those officers ( for otherwise by their positions , he were not to meddle any more than the meanest amongst his subjects , with the judgement of any ecclesiastical cause ) how is it possible they should allow of appeals to be made from any other abroad to the king ? to receive appeals from all other judges , belongeth to the highest in power of all , and to be in power over all ( as touching judgment in ecclesiastical causes ) this , as they think , belongeth onely to synods . whereas therefore , with us , kings do exercise over all things , persons , and causes supream power , both of voluntary and litigious jurisdictions● so that according to the one they incite , reform , and command ; according to the other , they judge universally , doing both in farr other sort than such as have ordinary spiritual power ; oppugned we are herein by some colourable shew of argument , as if to grant thus much to any secular person , it were unreasonable : for sith it is ( say they ) apparent out of the chronicles , that judgement in church-matters pertaineth to god ; seeing likewise it is evident out of the apostles , that the high-priest is set over those matters in gods behalf : it must needs follow , that the principality or direction of the iudgment of them , is , by gods ordinance , appertaining to the high-priest , and consequently to the ministry of the church ; and if it be by gods ordinance appertaining unto them , how can it be translated from them to the civil magistrate ? which argument , briefly drawn into form , lyeth thus : that which belongeth unto god , may not be translated unto any other , but whom he hath appointed to have it in his behalf : but principality of judgement in church-matters appertaineth unto god , which hath appointed the high-priest , and consequently the ministry of the church alone , to have it in his behalf , ergo , it may not from them be translated to the civil magistrate . the first of which propositions we grant , as also in the second that branch which ascribeth unto god principality in church-matters . but , that either he did appoint none , but onely the high-priest to exercise the said principality for him ; or that the ministry of the church may in reason from thence be concluded to have alone the same principality by his appointment , these two points we deny utterly . for , concerning the high-priest , there is , first , no such ordinance of god to be found : every high-priest ( saith the apostle ) is taken from amongst men , and is ordained for men in things pertaining to god ; whereupon it may well be gathered , that the priest was indeed ordained of god , to have power in things appertaining unto god : for the apostle doth there mention the power of offering gifts and sacrifices for sin , which kinde of power , was not onely given of god unto priests , but restrained unto priests onely . the power of jurisdiction and ruling authority , this also god gave them , but not them alone : for it is held , as all men know , that others of the laity were herein joyned by the law with them . but , concerning principality in church-affairs , ( for of this our question is , and of no other ) the priest neither had it alone , nor at all , but in spiritual or church-affairs , ( as hath been already shewed ) it was the royal prerogative of kings only . again , though it were so , that god had appointed the high-priest to have the said principality of government in those maters ; yet how can they who alledge this , enforce thereby , that consequently the ministry of the church , and no other ought to have the same , when they are so farr off from allowing so much to the ministry of the gospel , as the priest-hood of the law had by god's appointment : that we but collecting thereout a difference in authority and jurisdiction amongst the clergy , to be for the polity of the church not inconvenient ; they forthwith think to close up our mouths by answering , that the iewish high-priest , had authority above the rest , onely in that they prefigured the soveraignty of iesus christ ; as for the ministers of the gospel , it is altogether unlawful to give them as much as the least title , any syllable whereof may sound to principality . and of the regency which may be granted , they hold others even of the laity , no less capable than the pastors themselves . how shall these things cleave together ? the truth is , that they have some reason to think it not at all of the fittest for kings , to sit as ordinary judges in matters of faith and religion . an ordinary judge must be of the quality which in a supream judge is not necessary ; because the person of the one is charged with that which the other authority dischargeth , without imploying personally himself therein . it is an errour to think , that the king's authority can have no force nor power in the doing of that which himself may not personally do . for first , impossible it is , that at one and the same time , the king in person should order so many , and so different affairs , as by his own power every where present , are wont to be ordered both in peace and warr , at home and abroad . again , the king in regard of his nonage or minority , may be unable to perform that thing wherein years of discretion are requisite for personal action ; and yet his authority even then be of force . for which cause we say , that the king's authority dyeth not , but is , and worketh always alike . sundry considerations there may be , effectual to with-hold the king's person from being a doer of that which notwithstanding his power must give force unto , even in civil affairs ; where nothing doth more either concern the duty , or better beseem the majesty of kings , than personally to administer justice to their people ( as most famous princes have done ; ) yet if it be in case of felony of treason , the learned in the laws of this realm do affirm , that well may the king commit his authority to another , to judge between him and the offender ; but the king being himself there a party , he cannot personally sit to give judgement . as therefore the person of the king may , for just considerations , even where the cause is civil , be notwithstanding withdrawn from occupying the seat of judgment , and others under his authority be fit , he unfit himself to judge ; so the considerations for which it were haply no : convenient for kings to sit and give sentence in spiritual courts , where causes ecclesiastical are usually debated , can be no barr to that force and efficacy which their soveraign power hath over those very consistories , and for which we hold , without any exception , that all courts are the kings . all men are not for all things sufficient , and therefore publick affairs being divided , such persons must be authorized judges in each kinde , as common reason may presume to be most fit . which cannot of kings and princes ordinarily be presumed in causes merely , ecclesiastical ; so that even common sense doth rather adjudge this burthen unto other men . we see it hereby a thing necessary , to put a difference , as well between that ordinary jurisdiction which belongeth unto the clergy alone , and that commissionary wherein others are for just considerations appointed to joyn with them , as also between both these jurisdictions ; and a third , whereby the king hath transcendent authority , and that in all causes over both . why this may not lawfully be granted unto him , there is no reason . a time there was when kings were not capable of any such power , as namely , when they professed themselves open enemies unto christ and christianity . a time there followed , when they , being capable , took sometimes more , sometimes less to themselves , as seemed best in their own eyes , because no certainty , touching their right , was as yet determined . the bishops , who alone were before accustomed to have the ordering of such affairs , saw very just cause of grief , when the highest , favouring heresie , withstood , by the strength of soveraign authority , religious proceedings . whereupon they oftentimes , against this unresistable power , pleaded the use and custom , which had been to the contrary ; namely , that the affairs of the church should be dealt in by the clergy , and by no other ; unto which purpose , the sentences that then were uttered in defence of unabolished orders and laws , against such as did , of their own heads , contrary thereunto ; are now altogether impertinently brought in opposition against them , who use but that power which laws have given them , unless men can shew , that there is in those laws some manifest iniquity or injustice . whereas therefore against the force judicial and imperial , which supream authority hath , it is alledged , how constantine termeth church-officers , over-seers of things within the church ; himself , of those without the church : how augustine witnesseth , that the emperor not daring to judge of the bishop's cause , committed it to the bishops ; and was to crave pa●●●on of the bishops , for that by the donatists importunity , which made no end to appealing unto him , he was , being weary of them , drawn to give sentence in a matter of theirs ; how hilary beseecheth the emperor constance , to provide that the governors of his provinces should not presume to take upon them the judgement of ecclesiastical causes , to whom onely common-wealth matters belonged ; how ambrose affirmeth , that palaces belong unto the emperor , churches to the minister ; that the emperor hath the authority over the common-walls of the city , and not in holy things ; for which cause he never would yield to have the causes of the church debated in the princes consistories , but excused himself to the emperor valentinian , for that being convented to answer concerning church-matters in a civil court , he came not : we may by these testimonies drawn from antiquity , if wellst to consider them , discern how requisite it is that authority should always follow received laws in the manner of proceeding . for , inasmuch as there was at the first no certain law , determining what force the principal civil magistrates authority should be of , how farr it should reach , and what order it should observe ; but christian emperors from time to time did what themselves thought most reasonable in those affairs ; by this means it cometh to passe that they in their practise vary , and are not uniform . vertuous emperors , such as constantine the great was , made conscience to swerve unnecessarily from the custom which had been used in the church , even when it lived under infidels ; constantine , of reverence to bishops , and their spiritual authority , rather abstained from that which himself might lawfully do , than was willing to claim a power , not fit or decent for him to exercise . the order which hath been before , he ratifieth , exhorting the bishops to look to the church , and promising , that he would do the office of a bishop over the common-wealth ; which very constantine notwithstanding , did not thereby so renounce all authority in judging of special causes , but that sometime he took , as st. augustine witnesseth , even personal cognition of them ; howbeit , whether as purposing to give therein judicially any sentence , i stand in doubt ; for if the other of whom st. augustine elsewhere speaketh , did , in such sort , judge , surely there was cause why he should excuse it as a thing not usually done . otherwise there is no lett , but that any such great person may hear those causes to and fro debated , and deliver in the end his own opinion of them , declaring on which side himself doth judge that the truth is . but this kinde of sentence bindeth no side to stand thereunto ; it is a sentence of private perswasion , and not of solemn jurisdiction , albeit a king , or an emperour pronounce it : again , on the contrary part , when governours infected with heresie were possessed of the highest power , they thought they might use it as pleased themselves , to further by all means that opinion which they desired should prevail , they not respecting at all what was meet , presumed to command and judge all men , in all causes , without either care of orderly proceeding , or regard to such laws and customs as the church had been wont to observe . so that the one sort feared to do even that which they might ; and that which the other ought not , they boldly presumed upon ; the one sort , of modesty , excused themselves where they scarce needed ; the other , though doing that which was inexcusable , bare it out with main power , not enduring to be told by any man how farr they roved beyond their bounds . so great odds was between them whom before we mentioned , and such as the younger valentinian , by whom st. ambrose being commanded to yield up one of the churches under him unto the arrians , whereas they which were sent on his message , alledged , that the emperour did but use his own right , forasmuch as all things were in his power : the answer which the holy bishop gave them , was , that the church is the house of god , and that those things that are gods are not to be yielded up , and disposed of it at the emperors will and pleasure ; his palaces he might grant to whomsoever he pleaseth , but gods own habitation not so . a cause why many times emperours do more by their absolute authority than could very well stand with reason , was the over-great importunity of wicked hereticks , who being enemies to peace and quietness , cannot otherwise than by violent means be supported . in this respect therefore we must needs think the state of our own church much better settled than theirs was ; because our lawes have with farr more certainty prescribed bounds unto each kinde of power . all decision of things doubtful , and correction of things amiss are proceeded in by order of law , what person soever he be unto whom the administration of judgment belongeth . it is neither permitted unto prelates nor prince to judge and determine at their own discretion , but law hath prescribed what both shall do . what power the king hath , he hath it by law , the bounds and limits of it are known , the intire community giveth general order by law , how all things publickly are to be done , and the king , as the head thereof , the highest in authority over all , causeth , according to the same law , every particular to be framed and ordered thereby . the whole body politick maketh laws , which laws gave power unto the king , and the king having bound himself to use according unto law that power , it so falleth out , that the execution of the one is accomplished by the other in most religious and peaceable sort . there is no cause given unto any to make supplication , as hilary did , that civil governors , to whom common-wealth-matters only belong , may not presume to take upon them the judgement of ecclesiastical causes . if the cause be spiritual , secular courts do not meddle with it ; we need not excuse our selves with ambrose , but boldly and lawfully we may refuse to answer before any civil judge in a matter which is not civil , so that we do not mistake either the nature of the cause , or of the court , as we easily may do both , without some better direction than can be by the rules of this new-found discipline . but of this most certain we are , that our laws do neither suffer a * spiritual court to entertain those causes which by the law are civil ; nor yet , if the matter be indeed spiritual , a mere civil court to give judgement of it . touching supream power therefore to command all men , and in all manner of causes of judgement to be highest , let thus much suffice as well for declaration of our own meaning , as for defence of the truth therein . the cause is not like when such assemblies are gathered together by suream authority concerning other affairs of the church , and when they meet about the making of ecclesiastical laws or statutes . for in the one they are onely to advise , in the other to decree . the persons which are of the one , the king doth voluntarily assemble , as being in respect of quality fit to consult withal ; them which are of the other , he calleth by prescript of law , as having right to be thereunto called . finally , the one are but themselves , and their sentence hath but the weight of their own judgment ; the other represent the whole clergy , and their voyces are as much as if all did give personal verdict . now the question is , whether the clergy alone so assembled , ought to have the whole power of making ecclesiastical laws , or else consent of the laity , may thereunto be made necessary , and the king's assent so necessary , that his sole denial may be of force to stay them from being laws . if they with whom we dispute were uniform , strong and constant in that which they say , we should not need to trouble our selves about their persons , to whom the power of making laws for the church belongs : for they are sometime very vehement in contention , that from the greatest thing unto the least about the church , all must needs be immediately from god. and to this they apply the pattern of the antient tabernacle which god delivered unto moses , and was therein so exact , that there was not left as much as the least pin for the wit of man to devise in the framing of it . to this they also apply that streight and severe charge which god soosten gave concerning his own law , whatsoever i command you , take heed ye do it ; thou shalt put nothing thereto , thou shalt take nothing from it : nothing , whether it be great or small . yet sometimes bethinking themselves better , they speak as acknowledging that it doth suffice to have received in such sort the principal things from god , and that for other matters the church had sufficient authority to make laws ; whereupon they now have made it a question , what persons they are whose right it is to take order for the churches affairs , when the institution of any new thing therein is requisite . law may be requisite to be made either concerning things that are onely to be known and believed in , or else touching that which is to be done by the church of god. the law of nature , and the law of god , are sufficient for declaration in both what belongeth unto each man separately , as his soul is the spouse of christ , yea so sufficient , that they plainly and fully shew , whatsoever god doth require by way of necessary introduction unto the state of everlasting bliss . but as a man liveth joyned with others in common society , and belongeth to the outward politick body of the church , albeit the same law of nature and scripture have in this respect also made manifest the things that are of greatest necessity ; nevertheless , by reason of new occasions still arising , which the church , having care of souls , must take order for as need requireth , hereby it cometh to pass , that there is , and ever will be , so great use even of human laws and ordinances , deducted by way of discourse as a conclusion from the former divine and natural , serving as principals thereunto . no man doubteth , but that for matters of action and practice in the affairs of god , for manner in divine service , for order in ecclesiastical proceedings about the regiment of the church , there may be oftentimes cause very urgent to have laws made : but the reason is not so plain , wherefore human laws should appoint men what to believe . wherefore in this we must note two things : . that in matters of opinion , the law doth not make that to be truth which before was not , as in matter of action is causeth that to be a duty , which was not before ; but manifesteth only and giveth men notice of that to be truth , the contrary whereunto they ought not before to have believed . . that opinions do cleave to the understanding , and are in heat assented unto , it is not in the power of any human law to command them , because to prescribe what men shall think belongeth only unto god : corde creditur , ore fit confessio , saith the apostle . as opinions are either fit , or inconvenient to be professed , so man's laws hath to determine of them . it may for publick unities sake require mens professed assent , or prohibit their contradiction to special articles , wherein , as there haply hath been controversie what is true , so the same were like to continue still , not without grievous detriment unto a number of souls ; except law , to remedy that evil , should set down a certainty , which no man afterwards is to gain-say . wherefore , as in regard of divine laws , which the church receiveth from god , we may unto every man apply those words of wisdom in solomon , my son keep thou thy fathers precepts ; conserva , fili mi , praecepta patris tui : even so concerning the statutes and ordinances which the church it self makes , we may add thereunto the words that follow , etut , dimitt as legem matris tuae , and forsake thou not thy mothers law . it is a thing even undoubtedly natural , that all free and independent societies should themselves make their own laws , and that this power should belong to the whole , not to any certain part of a politick body , though haply some one part may have greater sway in that action than the rest , which thing being generally fit and expedient in the making of all laws , we see no cause why to think otherwise in laws , concerning the service of god , which in all well-order'd states and common-wealths , is the * first thing that law hath care to provide for . when we speak of the right which naturally belongeth to a common-wealth , we speak of that which must needs belong to the church of god. for if the common-wealth be christian , if the people which are of it do publickly embrace the true religion , this very thing doth make it the church , as hath been shewed . so that unless the verity and purity of religion do take from them which embrace it , that power wherewith otherwise they are possessed ; look what authority , as touching laws for religion , a common-wealth hath simply , it must of necessity being of the christian religion . it will be therefore perhaps alledged , that a part of the verity of christian religion is to hold the power of making ecclesiastical laws a thing appropriated unto the clergy in their synods ; and whatsoever is by their only voyces agreed upon , it needeth no further approbation to give unto it the strength of a law , as may plainly appear by the canons of that first most venerable assembly : where , those things the apostle and iames had concluded , were afterwards published and imposed upon the churches of the gentiles abroad as laws , the records thereof remaining still the book of god for a testimony , that the power of making ecclesiastical laws , belongeth to the successors of the apostles , the bishops and prelates of the church of god. to this we answer , that the councel of ierusalem is no argument for the power of the clergy to make laws ; for first there hath not been sithence , any councel of like authority to that in ierusalem : secondly , the cause why that was of such authority , came by a special accident : thirdly , the reason why other councels being not like unto that in nature , the clergy in them should have no power to make laws by themselves alone , is in truth so forcible , that , except some commandment of god to the contrary can be shewed , it ought , notwithstanding the foresaid example , to prevail . the decrees of the councel of ierusalem , were not as the canons of other ecclesiastical assemblies , human , but , very divine ordinances : for which cause the churches were farr and wide commanded every where to see them kept , no otherwise than if christ himself had personally on earth been the author of them . the cause why that council was of so great authority and credit above all others which have been sithence , is expressed in those words of principal observation . unto the holy ghost , and to us it hath seemed good ; which form of speech , though other councels have likewise used , yet neither could they themselves mean , nor may we so understand them , as if both were in equal sort assisted with the power of the holy ghost ; but the latter had the favour of that general assistance and presence which christ doth promise unto all his , according to the quality of their several estates and callings ; the former , the grace of special , miraculous , rare and extraordinary illumination , in relation whereunto the apostle comparing the old testament and the new together , termeth the one a testament of the letter , for that god delivered it written in stone ; the other a testament of the spirit , because god imprinted it in the hearts , and declared it by the tongues of his chosen apostles through the power of the holy ghost , feigning both their conceits and speeches in most divine and incomprehensible manner . wherefore , in as much as the council of ierusalem did chance to consist of men so enlightened , it had authority greater than were meet for any other council besides to challenge , wherein such kinde of persons are , as now the state of the church doth stand ; kings being not then that which now they are , and the clergy not now that which then they were . till it be proved that some special law of christ hath for ever annexed unto the clergy alone the power to make ecclesiastical laws , we are to hold it a thing most consonant with equity and reason , that no ecclesiastical laws be made in a christian common-wealth , without consent as well of the laity as of the clergy , but least of all without consent of the highest power . for of this thing no man doubteth , namely , that in all societies , companies , and corporations , what severally each shall be bound unto , it must be with all their assents ratified . against all equity , it were , that a man should suffer detriment at the hands of men for not observing that which he never did either by himself , or by others , mediately or immediately agree unto . much more than a king should constrain all others no the strict observation of any such human ordinance as passeth without his own approbation . in this case therefore especially , that vulgar axiom is of force , quod omnes tangit , ab omnibus tractari & approbari debet . whereupon pope nicolas , although otherwise not admitting lay-persons , no not emperors themselves , to be present as synods , doth notwithstanding seem to allow of their presence , when matters of faith are determined , whereunto all men must stand bound : ubinam legistis imperatores antecessores vestros , synodalibus conventibus interfuisse ; nisi forsitan in quibus de fide tractatum est , quae non solum ad clericos , verum etiam ad laicos & omnes pertinet christianos ? a law , be it civil or ecclesiastical , is a publick obligation , wherein , seeing that the whole standeth charged , no reason it should pass without his privity and will , whom principally the whole doth depend upon . sicut laici jurisdictionem clericorum perturbare , ita clerici jurisdictionem laicorum non debent minuere ▪ saith innocentius , extra de judic . novit . as the laity should not hinder the clergy's jurisdiction , so neither is it reason that the laity's right should be abridged by the clergy , saith pope innocent . but were it so that the clergy alone might give laws unto all the rest , forasmuch as every estate doth desire to inlarge the bounds of their own liberties , is it not easie to see how injurious this might prove to men of other conditions ? peace and justice are maintained by preserving unto every order their rights , and by keeping all estates , as it were , in an even ballance ; which thing is no way better done , than if the king , their common parent , whose care is presumed to extend most indifferently over all , do bear the chiefest sway in the making laws which all must be ordered by ; wherefore of them which in this point attribute most to the clergy , i would demand , what evidence there is , whereby it may clearly be shewed , that in antient kingdoms christian , any canon devised by the clergy alone in their synods , whether provincial , national , or general , hath , by mere force of their agreement , taken place as a law , making all men constrainable to be obedient thereunto , without any other approbation from the king , before or afterwards , required in that behalf . but what speak we of antient kingdoms , when at this day , even the papacy it self ; the very tridentine council hath not every where as yet obtained to have in all points the strength of ecclesiastical laws ; did not philip king of spain , publishing that council in the low countries , adde thereunto an express clause of special provision , that the same should in no wise prejudice , hurt , or diminish any kinde of priviledge , which the king or his vassals a fore-time , had enjoyed , touching either possessory judgements of ecclesiastical livings , or concerning nominations thereunto , or belonging to whatsoever right they had else in such affairs . if therefore the kings exception taken against some part of the canons contained in that council , were a sufficient barr to make them of none effect within his territories , it followeth that the like exception against any other part , had been also of like efficacy ; and so consequently that no part therof had obtained the strength of a law , if he which excepted against a part , had so done against the whole : as , what reason was there , but that the same authority which limited , might quite and clean have refused that council ; who so alloweth the said act of the catholick kings for good and lawful , must grant that the canons , even of general councils , have but the face of wise-mens opinions , concerning that whereof they-treat , till they be publickly assented unto , where they are to take place as laws ; and that , in giving such publick assent , as maketh a christian kingdome subject unto those laws , the king's authority is the chiefest . that which an university of men , a company , or corporation , doth without consent of their rector , is as nothing . except therefore we make the king's authority over the clergy , less in the greatest things , than the power of the meanest governour is in all things over the colledge , or society , which is under him ; how should we think it a matter decent , that the clergy should impose laws , the supream governours assent not asked ? yea , that which is more , the laws thus made , god himself doth in such sort authorize , that to despise them , is to despise in them him . it is a loose and licentious opinion , which the anabaptists have embraced , holding that a christian man's liberty is lost , and the soul which christ hath redeemed unto himself injuriously drawn into servitude under the yoke of human power , if any law be now imposed besides the gospel of christ ; in obedience whereunto the spirit of god , and not the constraint of men , is to lead us , according to that of the blessed apostle , such as are led by the spirit of god , they are the sons of god , and not such as live in thraldom unto men . their judgement is therefore , that the church of christ should admit of no law-makers but the evangelists , no courts but presbyteries , no punishments but ecclesiastical censures : as against this sort , we are to maintain the use of human laws , and the continual necessity of making them from time to time : as long as this present world doth last ; so likewise the authority of laws , so made , doth need much more by us to be strengthened against another sort , who , although they do utterly condemn the making of laws in the church , yet make they a great deal less account of them than they should do . there are which think simply of human laws , that they can in no sort touch the conscience . that to break and transgress them , cannot make men in the sight of god culpable , as sin doth ; onely when we violate such laws , we do thereby make our selves obnoxious unto external punishment in this world , so that the magistrate may , in regard of such offence committed , justly correct the offender , and cause him , without injury , to endure such pains as law doth appoint , but further it reacheth not : for first , the conscience is the proper court of god , the guiltiness thereof is sin , and the punishment eternal death ; men are not able to make any law that shall command the heart , it is not in them to make inward-conceit a crime , or to appoint for any crime other punishment than corporal ; their laws therefore can have no power over the soul , neither can the heart of man be polluted by transgressing them . st. austine rightly desineth sin to be that which is spoken , done , or desired , not against any laws , but against the law of the living god. the law of god is proposed unto man , as a glass wherein to behold the stains and the spots of their sinful souls . by it they are to judge themselves , and when they feel themselves to have transgressed against it , then to bewail their offences with david , against thee onely o lord have i sinned , and done wickedly in thy sight ; that so our present tears may extinguish the flames , which otherwise we are to feel , and which of god in that day shall condemn the wicked unto , when they shall render account of the evil which they have done , not by violating statute-laws , and canons , but by disobedience unto his law and his word . for our better instruction therefore concerning this point , first we must note , that the law of god it self doth require at our hands , subjection . be ye subject , saith s. peter ; and s. paul , let every soul be subject ; subject all unto such powers as are set over us . for if such as are not set over us , require our subjection , we , by denying it , are not disobedient to the law of god , or undutiful unto higher powers ; because , though they be such in regard of them over whom they have lawful dominion , yet having not so over us , unto us they are not such . subjection therefore we owe , and that by the law of god ; we are in conscience bound to yield it even unto every of them that hold the seats of authority and power in relation unto us . howbeit , not all kindes of subjection , unto every such kinde of power : concerning scribes and pharisees , our saviour's precept was , whatsoever they shall tell ye , do it . was it his meaning , that if they should at any time enjoyn the people to levy an army , or to sell their lands and goods , for the furtherance of so great an enterprize ; and , in a word , that simply whatsoever it were which they did command , they ought , without any exception , forth-with to be obeyed . no , but whatsoever they shall tell you , must be understoud in pertinentibus ad cathedram , it must be construed with limitation , and restrained unto things of that kinde , which did belong to their place and power : for they had not power general , absolutely given them to command all things . the reason why we are bound in conscience to be subject unto all such power , is , because all powers are of god. they are of god either instituting or permitting them ; power is then of divine institution , when either god himself doth deliver , or men by light of nature finde out the kinde thereof . so that the power of parents over children , and of husbands over their wives , the power of all sorts of superiors , made by consent of common-wealths within themselves , or grown from agreement amongst nations , such power is of god's own institution in respect of the kinde thereof ; again , if respect be had unto those particular persons , to whom the same is derived , if they either receive it immediately from god , as moses and aaron did ; or from nature , as parents do ; or from men , by a natural and orderly course , as every governor appointed in any common wealth , by the order thereof , doth ; then is not the kinde of their power , only of god's instituting , but the derivation thereof also , into their persons , is from him . he hath placed them in their rooms , and doth term them his ministers ; subjection therefore is due unto all such powers , inasmuch as they are of god's own institution , even then when they are of man's creation , omni humanae creaturae : which things the heathens themselves do acknowledge . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as for them that exercise power altogether against order , although the kinde of power which they have may be of god , yet is their exercise thereof against god , and therefore not of god , otherwise than by permission , as all injustice is . touching such acts as are done by that power which is according to his institution , that god in like sort doth authorize them , and account them to be his ; though it were not confessed , it might be proved undeniably . for if that be acounted our deed , which others do , whom we have appointed to be our agents , how should god but approve those deeds , even as his own , which are done by vertue of that commission and power which he hath given : take heed ( saith iehosophat unto his judges ) be careful and circumspect what ye do ye do not execute the judgments of man , but of the lord , chron. . . the authority of caesar over the jews , from whence was it ? had it any other ground than the law of nations , which maketh kingdoms , subdued by just war , to be subject unto their conquerors ? by this power caesar exacting tribute , our saviour confesseth it to be his right , a right which could not be with-held without injury , yea disobedience herein unto him , and even rebellion against god. usurpers of power , whereby we do not mean them that by violence have aspired unto places of highest authority , but them that use more authority than they did ever receive in form and manner before-mentioned ; ( for so they may do , whose title to the rooms of authority , which they possess , no man can deny to be just and lawful ; even as contrariwise some mens proceedings in government have been very orderly , who notwithstanding did not attain to be made governors , without great violence and disorder ) such usurpers thereof , as in the exercise of their power do more than they have been authorized to do , cannot in conscience binde any man unto obedience . that subjection which we owe unto lawful powers , doth not onely import that we should be under them by order of our state , but that we shew all submission towards them , both by honor and obedience . he that resisteth them , resisteth god : and resisted they be , if either the authority it self which they exercise be denied , as by anabaptists all secular jurisdiction is ; or if resistance be made but only so farr forth , as doth touch their persons which are invested with power ; ( for they which said , nolumus hunc regnare , did not utterly exclude regiment ; nor did they wish all kinde of government clearly removed ; which would not at the first have david to govern ) or if that which they do by vertue of their power , namely , their laws , edicts , services , or other acts of jurisdiction , be not suffered to take effect , contrary to the blessed apostles most holy rule , obey them which have the oversight of you , heb. . . or if they do take effect , yet is not the will of god thereby satisfied neither , as long as that which we do is contemptuously , or repiningly done , because we can do no otherwise . in such sort the israelites in the desart obeyed moses , and were notwithstanding deservedly plagued for disobedience . the apostle's precept therefore is , be subject even for god's cause : be subject , not for fear , but of mere conscience , knowing , that be which resisteth them , purchaseth to himself condemnation . disobedience therefore unto laws , which are made by them , is not a thing of so small account , as some would make it . howbeit too rigorous it were , that the breach of every human law should be held a deadly sin : a mean there is between those extremities , if so be we can finde it out . to the reader . the pleasures of thy spacious walks in mr. hooker's temple-garden ( not unfitly so called , both for the temple whereof he was master , and the subject , ecclesiastical polity ) do promise acceptance to these flowers , planted and watered by the same hand , and , for thy sake composed into this posie . sufficiently are they commended by their fragrant smell , in the dogmatical truth ; by their beautiful colours , in the accurate stile ; by their medicinable vertue , against some diseases in our neighbour churches , now proving epidemical , and threatning farther infection ; by their strait feature and spreading nature , growing from the root of faith ( which , as here is proved , can never be rooted up ) and extending the branches of charity to the covering of noah's nakedness ; opening the windows of hope to men's misty conceits of their bemisted fore-fathers . thus , and more than thus , do the works commend themselves ; the workman needs a better work-man to commend him ; ( alexander's picture requires apelles his pencil ) nay , he needs it not , his own works commend him in the gates ; and , being dead , he yet speaketh ; the syllables of that memorable name mr. richard hooker , proclaiming more , than if i should here stile him , a painful student , a profound scholar , a judicious writer , with other due titles of his honor. receive then this posthume orphan for his own , yea , for thine own sake ; and if the printer bath with overmuch haste , like mephibosheth's nurse , lamed the childe with slips and falls , yet be thou of david's minde , shew kindness to him for his father ionathan's sake . god grant , that the rest of his brethren be not more than lamed , and that at saul's three sons died the same day with him , so those three promised to perfect his polity , with other issues of that learned brain , be not duried in the grave with their renowned father . farewel . w. s. the contents of the treatises following . i. a supplication made to the councel by master walter travers . ii. master hookers answer to the supplication that master travers made to the councel . iii. a learned discourse of iustification , works , and how the foundation of faith is overthrown . iv. a learned sermon of the nature of pride . v. a remedy against sorrow and fear , delivered in a funeral sermon . vi. of the certainty and perpetuity of faith in the elect : especially of the prophet habbakkuk's faith. vii . two sermons upon part of saint jude's epistle . a svpplication made to the councel by master walter travers . right honourable , the manifold benefits which all the subjects within this dominion do at this present , and have many years enjoyed , under her majesties most happy and prosperous reign , by your godly wisdom , and careful watching over this estate night and day ; i truly and unfeignedly acknowledge from the bottom of my heart , ought worthily to binde us all , to pray continually to almighty god for the continuance and increase of the life and good estate of your honours , and to be ready , with all good duties , to satisfie and serve the same to our power . besides publick benefits common unto all , i must needs , and do willingly confess my self to stand bound by most special obligation to serve and honour you more than any other , for the honourable favour it hath pleased you to vouchsafe both oftentimes heretofore , and also now of late , in a matter more dear unto me than any earthly commodity , that is , the upholding and furthering of my service in the ministring of the gospel of jesus christ. for which cause , as i have been always careful so to carry my self as i might by no means give occasion to be thought unworthy of so great a benefit , so do i still , next unto her majesties gracious countenance , hold nothing more dear and precious to me , than that i may always remain in your honours favour , which hath oftentimes be an helpful and comfortable unto me in my ministry , aud to all such as reaped any fruit of my simple and faithful labour . in which dutiful regard i humbly beseech you ? honours to vouchsafe to do me this grace , to conceive nothing of me otherwise , than according to the duty wherein i ought to live , by any information against me , before your honours have heard my answer , and been throughly informed of the matter . which , although it be a thing , that your wisdoms , not in favour , but in justice , yeld to all men , yet the state of the the calling into the ministery , whereunto it hath pleased god of his goodness to call me , though unworthiest of all , is so subject to mis-information , as , except we may finde this favour with your honours , we cannot look for any other , but that our unindifferent parties may easily procure us to be hardly esteemed of ; and that we shall be made like the poor fisher-boats in the sea , which every swelling wave and billow raketh and runneth over . wherein my estate is yet harder than any others of my rank and calling , who are indeed to fight against flesh and blood in what part soever of the lords host and field they shall stand mashalled to serve , yet many of them deal with it naked , and unfurnished of weapons : but my service was in a place where i was to encounter with it well appointed and armed with skill and with authority , whereof as i have always thus deserved , and therefore have been careful by all good means to entertain still your honours favourable respect of me , so have i special cause at this present , wherein mis-information to the lord archbishop of canterbury , and other of the high commission hath been able so farr to prevail against me , that by their letter they have inhibited me to preach , or execute any act of ministry in the temple or elsewhere , having never once called me before them to understand by mine answer the truth of such things as had been informed against me . we have a story in our books wherein the pharisees proceeding against our saviour christ , without having heard him , is reproved by an honourable counsellour ( as the evangelist doth term him ) saying , doth our law judge a man before it hear him , and know what he hath done ? which i do not mention , to the end , that by an indirect and covert speech i might so compare those , who have without ever hearing me , pronounced a heavy sentence against me , for notwithstanding such proceedings , i purpose by gods grace to carry my self towards them in all seeming duty , agreeable to their places : much less do i presume to liken my cause to our saviour christ's , who hold it my chiefest honour and happiness to serve him , though it be but among the hindes and hired servants , that serve him in the basest corners of his house : but my purpose , in mentioning it , is , to shew by the judgement of a prince and great man in israel , that such proceeding standeth not with the lavv of god , and in a princely pattern to shew it to be a noble part of an honourable counsellour , not to allow of indirect dealings , but to allow and affect such a course in justice , as is agreeable to the lavv of god. we have also a plain rule in the word of god , not to proceed any otherwise against any elder of the church ; much less against one that laboureth in the word , and in teaching : which rule is delivered with this most earnest charge and obtestation , i beseech and charge thee in the sight of god , and the lord iesus christ , and the elect angels , that thou keep those [ rules ] without preferring one before another , doing nothing of partiality or including to either part ; which apostolical and most earnest charge , i referr to your honours wisdom how it hath been regarded in so heavy a judgement against me , without ever hearing my cause ; and whethe● , as having god before their eyes , and the lord jesus , by whom all former judgements shall be tried again , and , as in the presence of the elect angels , witnesses and observers of the regiment of the church , they have proceeded thus to such a sentence . they alledge indeed two reasons in their letters , whereupon they restrain my ministry , which , if they were as strong against me as they are supposed , yet i referr to your honours wisdoms , whether the quality of such an offence as they charge me with , which is in effect but an indiscretion , deserve so grievous a punishment both to the church and me , in taking away my ministery , and that poor little commodity which it yieldeth for the necessary maintenance of my life ; if so unequal a ballancing of faults and punishments should have place in the common-wealth , surely we should shortly have no actions upon the case , nor of trespass , but all should be pleas of the crown , nor any man amerced , or fined , but for every light offence put to his ransom . i have credibly heard , that some of the ministery have been committed for grievous transgressions of the laws of god and men , being of no ability to do other service in the church than to read , yet hath it been thought charitable , and standing with christian moderation and temperancy , not to deprive such of ministry and beneficency , but to inflict some more tolerable punishment . which i write not because such , as i think , were to be favoured , but to shew how unlike their dealing is with me , being through the goodness of god not to be touched with any such blame , and one , who , according to the measure of the gift of god , have laboured now some years painfully , in regard of the weak estate of my body , in preaching the gospel , and , as i hope , not altogether unprofitably in respect of the church . but i beseech your honors to give me leave briefly to declare the particular reasons of their letter , and what answer i have to make unto it . the first is , that , as they say , i am not lawfully called to the function of the ministry , nor allowed to preach according to the laws of the church of england . for answer to this , i had need to divide the points : and first to make answer to the former , wherein leaving to shew what by the holy scriptures is required in a lawful calling , and that all this is to be found in mine , that i be not too long for your weighty affairs , i rest . i thus answer : my calling to the ministry was such as in the calling of any thereunto , is appointed to be used by the orders agreed upon in the national synods of the low-countreys , for the direction and guidance of their churches , which orders are the same with those whereby the french and scotish churches are governed , whereof i have shewed such sufficient testimonial to my lord the archbishop of canterbury , as is requisite in such a matter : whereby it must needs fall out , if any man be lawfully called to the ministry in those churches , then is my calling , being the same with theirs , also lawful . but i suppose , notwithstanding they use this general speech , they mean only , my calling is not sufficient , to de● in the ministry within this land , because i was not made minister according to that order which in this case is ordained by our laws . whereunto i beseech your honours to consider throughly of mine answer , because exception now again is taken to my ministery , whereas having been heretofore called in question for it , i so answered the matter , as i continued in my ministery , and , for any thing i discerned , looked to hear that no more objected unto me . the communion of saints ( which every christian man professeth to believe ) is such , as that the acts which are done in any true church of christs according to his word , are held as lawful , being done in one church as in another . which , as it holdeth in other acts of ministery , as baptism , mariage , and such like , so doth it in the calling to the ministery ; by reason whereof , all churches do acknowledge and receive him for a minister of the word , who hath been lawfully called thereunto in any church of the same profession . a doctor created in any university of christendom , is acknowledged sufficiently qualified to teach in any country . the church of rome it self , and the canon law holdeth it , that being ordered in spain , they may execute that belongeth to their order in italy , or in any other place . and the churches of the gospel never made any question of it ; which if they shall now begin to make doubt of , and deny such to be lawfully called to the ministry , as are called by another order than our own ; then may it well be looked for , that other churches will do the like : and if a minister called in the low-countries be not lawfully called in england , then may they say to our preachers which are there , that being made of another order than theirs , they cannot suffer them to execute any act of ministry amongst them ; which in the end must needs breed a schism , and dangerous divisions in the churches . further , i have heard of those that are learned in the laws of this land , that by express statute to that purpose , anno . upon subscription to the articles agreed upon , anno . that they who pretend to have been ordered by another order than that which is now established , are of like capacity to enjoy any place of ministry within the land , as they which have been ordered according to that which is now by law in this case established . which comprehending manifestly all , even such as were made priests , according to the order of the church of rome , it must needs be , that the law of a christian land , professing the gospel , should be as favourable for a minister of the word , as for a popish priest ; which also was so found in mr. whittingham's case , who , notwithstanding such replies against him , enjoyed still the benefit he had by his ministry , and might have done untill this day , if god had spared him life so long , which , if it be understood so , and practised in others , why should the change of the person alter the right , which the law giveth to all other ? the place of ministry whereunto i was called , was not presentative : and if it had been so , surely they would never have presented any man whom they never knew , and the order of this church is agreeable herein to the word of god , and the antient and best canons , that no man should be made a minister sine titulo : therefore having none , i could not by the orders of this church have entred into the ministry , before i had a charge to tend upon . when i was at antwerp , and to take a place of ministry among the people of that nation , i see no cause why i should have returned again over the seas for orders here ; nor how i could have done it , without disallowing the orders of the churches provided in the country where i was to live . whereby i hope it appeareth , that my calling to the ministry is lawful , and maketh me , by our law , of capacity to enjoy any benefit or commodity , that any other by reason of his ministry may enjoy . but my cause is yet more easie , who reaped no benefit of my ministery by law , receiving onely a benevolence and voluntary contribution ; and the ministery i dealt with , being preaching onely , which every deacon here may do being licensed , and certain that are neither ministers not deacons . thus i answer , the former of these two points , whereof , if there be yet any doubt , i humbly desire for a final end thereof , that some competent judges in law may determine of it ; whereunto i referr and submit my self with all reverence and duty . the second is , that i preached without license . whereunto , this is my answer : i have not presumed , upon the calling i had to the ministery abroad , to preach or deal with any part of the ministery within this church , without the consent and allowance of such as were to allow me unto it : my allowance was from the bishop of london , testified by his two several letters to the inner temple , who without such testimony would by no means rest satified in it ; which letters being by me produced , i referr it to your honours wisdom , whether i have taken upon me to preach , without being allowed ( as they charge ) according to the orders of the realm . thus having answered the second point also , i have done with the objection , of dealing without calling or license . the other reason they alledge , is , concerning a late action , wherein i had to deal with mr. hooker , master of the temple . in the handling of which cause , they charge me with an indiscretion , and want of duty , in that i inveighed ( as they say ) against certain points of doctrine taught by him as erroneous , not conferring with him , nor complaining of it to them . my answer hereunto standeth , in declaring to your honours the whole course and carriage of that cause , and the degrees of proceeding in it , which i will do as briefly as i can , and according to the truth . god be my witness , as near as my best memory , and notes of remembrance may serve me thereunto . after that i have taken away that which seemed to have moved them to think me not charitably minded to mr. hooker ; which is , because he was brought in to mr. alveyes place , wherein this church desired that i might have succeeded : which place , if i would have made suit to have obtained , or if i had ambitiously affected and sought , i would not have refused to have satisfied , by subscription , such as the matter them seemed to depend upon : whereas contrariwise , notwithstanding i would not hinder the church to do that they thought to be most for their edification and comfort , yet did i , neither by speech nor letter , make suit to any for the obtaining of it ; following herein that resolution , which i judge to be most agreeable to the word and will of god ; that is , that labouring and suing for places and charges in the church is not lawful . further , whereas at the suit of the church , some of your honours entertained the cause , and brought it to a near issue , that there seemed nothing to remain , but the commendation of my lord the archbishop of canterbury , when as he could not be satisfied , but by my subscribing to his late articles ; and that my answer agreeing to subscribe according to any law , and to the statute provided in that case , but praying to be respited for subscribing to any other , which i could not in conscience do , either for the temple ( which otherwise he said , he would not commend me to ) nor for any other place in the church , did so little please my lord archbishop , as he resolved , that otherwise i should not be commended to it . i had utterly here no cause of offence against mr. hooker , whom i did in no sort esteem to have prevented or undermined me , but that god disposed of me as it pleased him , by such means and occasions as i have declared . moreover , as i have taken no cause of offence at mr. hooker for being preferred , so there were many witnesses , that i was glad that the place was given him , hoping to live in all godly peace and comfort with him , both for acquaintance and good-will which hath been between us , and for some kinde of affinity in the marriage of his nearest kindred and mine : since his comming , i have so carefully endeavoured to entertain all good correspondence and agreement with him , as i think he himself will bear me witness of many earnest disputations and conferences with him about the matter ; the rather , because that , contrary to my expectation , he inclined from the beginning but smally thereunto , but joyned rather with such as had always opposed themselves to any good order in this charge , and made themselves to be brought indisposed to his present state and proceedings : for , both knowing that god's commandement charged me with such duty , and discerning how much on : peace might further the good service of god and his church , and the mutual comfort of us both , i had resolved constantly to seek for peace ; and though it should flye from me ( as i saw it did by means of some , who little desired to see the good of our church ) yet , according to the rule of god's word , to follow after it : which being so ( as hereof i take god to witnesse , who searcheth the heart and reins , and who by his son will judge the world , both quick and dead ) i hope no charitable judgement can suppose me to have stood evil-affected towards him for his place , or desirous to fall into any controversie with him . which my resolution i pursued , that , whereas i discovered sundry unsound matters in his doctrine ( as many of his sermons tasted of some sour leaven or other ) yet thus i carried my self towards him : matters of smaller weight , and so covertly discovered , that no great offence to the church was to be feared in them , i wholly passed by , as one that discerned nothing of them , or had been unfurnished of replies ; for others of great moment , and so openly delivered , as there was just cause of fear , left the truth and church of god should be prejudiced and perilled by it , and such as the conscience of my duty and calling would not suffer me altogether to pass over , this was my course , to deliver , when i should have just cause by my text , the truth of such doctrine as he lead otherwise taught , in general speeches , without touch of his person in any sort ; and further at convenient opportunity to conferr with him in such points . according to which determination , whereas he had taught certain things concerning predestination , otherwise than the word of god doth , as it is understood by all churches professing the gospel , and not unlike that wherewith coranus sometimes troubled his church , i both delivered the truth of such points in a general doctrine , without any touch of him in particular , and conferred with him also privately upon such articles . in which conference , i remember , when i urged the consent of all churches and good writers against him that i knew ; and desired , if it were otherwise , what authors he had seen of such doctrine ? he answered me , that his best author was his own reason ; which i wished him to take heed of , as a matter standing with christian modesty and wisdom , in a doctrine not received by the church , not to trust to his own judgment so farr , as to publish it before he had conferred with others of his profession , labouring by daily prayer and study , to know the will of god , as he did , to see how they understood such doctrine : notwithstanding , he , with wavering , replyed , that he would some other time deal more largely in the matter ; i wished him , and prayed him not so to do , for the peace of the church , which , by such means , might be hazarded ; seeing he could not but think , that men , who make any couscience of their ministerie , will judge it a necessarie dutie in them , to teach the truth , and to convince the contrarie . another time , upon like occasion of this doctrine of his , that the assurance of that we believe by the word , is not so certain , as of that we perceive by sense ; i both taught the doctrine otherwise , namely , the assurance of faith to be greater , which assured both of things above , and contrarie to all sense and human understanding , and dealt with him also privately upon that point : according to which course of late , when as he had taught , that the church of rome is a true church of christ , and a sanctified church by profession of that truth , which god both revealed unto us by his son , though not a part and perfect church ; and further , that be doubted not , but that thousands of the fathers , which lived and dyed in the superstitions of that church , were saved , because of their ignorance , which excuseth them ; mis-alledging to that end a text of scripture to prove it : the matter being ofset purpose openly and at large handled by him , and of that moment , that might prejudice the faith of christ , encourage the ill-affected to continue still in their damnable ways , and others weak in faith to suffer themselves easily to be seduced , to the destruction of their souls , i thought it my most bounden duty of god , and to his church , whilst i might have opportunitie to speak with him , to teach the truth in a general speech in such points of doctrine . at which time i taught , that such as dye , or have died at any time in the church of rome , holding in their ignorance that faith , which is taught in it , and namely , iustification in part by works , could not be said by the scriptures to be saved . in which matter , foreseeing that if i waded not warily in it , i should be in danger to be reported , ( as hath fallen out since notwithstanding ) to condemn all the fathers , i said directly and plainly to all mens understanding , that it was not indeed to be doubted , but many of the fathers were saved ; but the means ( i said ) was not their ignorance , which excuseth no man with god , but their knowledge and faith of the truth , which it appeareth god vouchsafed them , by many notable monuments and records extant in all ages . which being the last point in all my sermon , rising so naturally from the text i then propounded , as would have occasioned me to have delivered such matter , notwithstanding the former doctrine had been sound ; and being dealt in by a general speech , without touch of his particular ; i looked not that a matter of controversie would have been made of it , no more than had been of my like dealing in former time . but , far otherwise than i looked for , mr. hooker shewing no grief of offence taken at my speech all the week long , the next sabbath , leaving to proceed upon his ordinarie text , professed to preach again , that he had done the day before , for some question that his doctrine was drawn into , which he desired might be examined with all severitie . so proceeding , he bestowed his whole time in that discourse , concerning his former doctrine , and answering the places of scripture , which i had alledged , to prove that a man dying in the church of rome , is not to be judged by the scriptures to be saved . in which long speech , and utterly impertinent to his text , under colour of answering for himself , he impugned directly and openly to all mens understanding , the true doctrine which i had delivered ; and , adding to his former points some other like ( as willingly one error followeth another ) that is , that the galatians joyning with faith in christ , circumcision , as necessary to salvation , might not be saved : and that they of the church of rome , may be saved by such a faith of christ as they had , with a general repentance of all their errors , notwithstanding their opinion of iustification in part by their works and merits : i was necessarily , though not willingly , drawn to say something to the points he objected against sound doctrine , which i did in a short speech in the end of my sermon , with protestation of so doing , no : of any sinister affection to any man , but to bear witness to the truth , according to my calling ; and wished , if the matter should needs further be dealt in , some other more convenient way might be taken for it ; wherein , i hope , my dealing was manifest to the consciences of all indifferent hearers of me that day , to have been according to peace , and without any uncharitableness , being duly considered . for that i conferred with him the first day , i have shewed that the cause requiring of me the duty , at the least not to be altogether silent in it , being a matter of such consequence , that the time also being short , wherein i was to preach after him , the hope of the fruit of our communication being small , upon experience of forme . conferences , my expectation being , that the church should be no further troubled with it , upon the motion i made of taking some other course of dealing . i suppose my deferring to speak with him till some fit opportunitie , cannot in charity be judged uncharitable . the second day , his unlooked for opposition with the former reasons , made it to be a matter that required of necessity some publick answer ; which being so temporate , as i have shewed , if notwithstanding it be sensured as uncharitable , and punished so grievously as it is , what should have been my punishment , if ( without all such cautions and respects as qualified my speech ) i had before all , and in the understanding of all , so reproved him offending openly , that others might have feared to doe the like ? which yet , if i had done , might have been warranted by the rule and charge of the apostle , them that offend openly , rebuke openly , that the rest may also fear ; and by his example , who , when peter in this very case which is now between us , had ( not in preaching ) but in a matter of conversation , not gone with a right foot , as was fit for the truth of the gospel , conferred not privately with him , but , as his own rule required , reproved him openly before all , that others might hear , and fear , and not dare to do the like . all which reasons together weighed , i hope , will shew the manner of my dealing to have been charitable , and warrantable in every sort . the next sabbath day after this , mr. hooker kept the way he had entred into before , and bestowed his whole hour and more onely upon the questions he had moved and maintained ; wherein he so set forth the agreement of the church of rome with us , and their disagreement from us , as if we had consented in the greatest and weightiest points , and differed onely in certain smaller matters : which agreement noted by him in two chief points , is not such as he would have made men believe . the one , in that he said , they acknowledge all men sinners , even the blessed virgin , though some of them freed her from sinne , for the council of trent holdeth , that she was free from sinne . another , in that he said , they teach christ's righteousness to be the onely meritorious cause of taking away sinne , and differ from us onely in the applying of it : for thomas aquinas their chief schoolman , and archbishop catherinus teach , that christ took away onely original sinne , and that the rest are to be taken away by our selves ; yea , the council of trent teacheth , that righteousness whereby we are righteous in god's sight , is an inherent righteousness : which must needs be of our own works , and cannot be understood of the righteousness inherent onely in christ's person , and accounted unto us . moreover he taught the same time , that neither the galatians , nor the church of rome , did directly overthrow the foundation of iustification by christ alone , but onely by consequent , and therefore might well be saved ; or else neither the churches of the lutherans , nor any which bold any manner of errour could be saved ; because ( saith he ) every errour by consequent overthroweth the foundation . in which discourses , and such like , he bestowed his whole time and more ; which , if he had affected either the truth of god , or the peace or the church , he would truly not have done . whose example could not draw me to leave the scripture i took in hand , but standing about an hour to deliver the doctrine of it , in the end , upon just occasion of the text , leaving sundry other his unsound speeches , and keeping me still to the principal , i confirmed the believing the doctrine of justification by christ onely , to be necessary to the justification of all that should be saved , and that the church of rome directly denieth , that a man is saved by christ , or by faith alone , without the works of the law. which my answer , as it was most necessary for the service of god , and the church , so was it without any immodest or reproachful speech to mr. hooker : whose unsound and wilful dealings in a cause of so great importance to the faith of christ , and salvation of the church , notwithstanding i knew well what speech it deserved , and what some zealous earnest man of the spirit of iohn and iames , ●irnamed boanerges , sons of thunder , would have said in such a case ; yet i chose rather to content my self in exhorting him to revisit his doctrine , as nathan the prophet did the device , which , without consulting with god , he had of himself given to david , concerning the building of the temple ; and with peter the apostle , to endure to be withstood in such a case , not unlike unto this . this is effect , was that which passed between us concerning this matter , and the invectives i made against him , wherewith i am charged : which rehearsal , i hope , may clear me ( with all that shall indifferently consider it ) of the blames laid upon me for want of duty to mr. hooker , in not conferring with him , whereof i have spoken sufficiently already ; and to the high-commission , in not revealing the matter to them , which yet now i am further to answer . my answer is , that i protest , no contempt not wilful neglect of any lawful authority , stayed me from complaining unto them , but these reasons following : first , i was in some hope , that mr. hooker , notwithstanding he had been ovencarried with a shew of charity to prejudice the truth , yet when it should be sufficiently proved , would have acknowledged it , or at the lest induced with peace , that it might be offered without either offence to him , or to such as would receive it ; either of which would have taken away any cause of just complaint . when neither of these fell out according to my expectation and desire , but that he replied to the truth , and objected against it , i thought he might have some doubts and scruples in himself , which yet , if they were cleared , he would either embrace sound doctrine , or at lest suffer it to have its course : which hope of him i nourished so long , as the matter was not bitterly and immodestly handled between us . another reason was the cause it self , which , according to the parable of the tares ( which are said to be sown among the wheat ) sprung up first in his grass : therefore , as the servants in that place , are not said to have come to complain to the lord , till the tares came to shew their fruits in their kinde : so , i thinking it yet but a time of discovering of it what it was , desired not their fickle to cutt it down . for further answer , it is to be considered , that the conscience of my duty to god , and to his church , did binde me at the first , to deliver sound doctrine in such points , as had been otherwise uttered in the place , where i had now some years taught the truth ; otherwise the rebuke of the prophet had fallen upon me , for not going up to the breach , and standing in it , and the peril for answering the blood of the city , in whose watch-tower i sate ; if it had been surprized by my default . moreover , my publick protestation , in being unwilling , that if any were not yet satisfied , some other more convenient way might be taken for it . and lastly , that i had resolved ( which i uttered before to some , dealing with me about the matter ) to have protested the next sabbath day , that i would no more answer in that place , any objections to the doctrine taught by any means , but some other way satisfie such as should require it . these , i trust , may make it appear , that i failed not in duty to authoritie , notwithstanding i did not complain , nor give over so soon dealing in the case : if i did , how is he clear , which can alledge none of all these for himself ; who leaving the expounding of the scriptures , and his ordinarie calling , voluntarily discoursed upon school-points and questions , neither of edification , nor of truth ; who , after all this , as promising to himself , and to untruth , a victory by my silence , added yet in the next sabbath day , to the maintenance of his former opinions , these which follow ? that no additament taketh away the foundation , except it be a privative ; of which sort , neither the works added to christ by the church of rome , nor circumcision by the galatians were : as one denieth him not to be a man , that saith , he is a righteous man , but he that saith he is a dead man : whereby it might seem , that a man might , without hurt , adde works to christ , and pray also that god and saint peter would save them . that the galatians case is harder than the case of the church of rome , because the galatians joyned circumcision with christ , which god had forbidden and abolished ; but that which the church of rome joyned with christ , were good works which god hath commanded . wherein he committed a double fault , one , in expounding all the questions of the galatians , and consequently of the romans , and other epistles , of circumcision onely , and the ceremonies of the law ( as they doe , who answer for the church of rome in their writings ) contrary to the clear meaning of the apostle , as may appear by many strong and sufficient reasons : the other , in that he said , the addition of the church of rome was of works commanded of god. whereas the least part of the works whereby they looked to merit , was of such works ; and most were works of supererogation , and works which god never commanded , but was highly displeased with , as of masses , pilgrimages , pardons , pains of purgatory , and such like : that no one sequel urged by the apostle against the galatians for joyning circumcision with christ , but might be us well enforced against the lutherans ; that is , that for their ubiquity it may be as well said to them , if ye hold the body of christ to be in all places , you are fallen from grace , you are under the curse of the law , saying , cursed be he that fulfilleth not all things written in this book ; with such like . he added yet further , that to a bishop of the church of rome , to a cardinal , yea to the pope himself , acknowledging christ to be the saviour of the world , denying other errours ; and being discomforted for want of works whereby he might be justified , he would not doubt , but use this speech ; thou holdest the foundation of christian faith , though it be but by a slender thred ; thou holdest christ , though but by the hem of his garment ; why shouldst thou not hope that vertue may pass from christ to save thee ? that which thou holdest of iustification by thy works , overthroweth indeed by consequent the foundation of christian faith ; but be of good chear , thou hast not to do with a captionus sophister , but with a merciful god , who will justifie thee for that thou holdest , and not take the advantage of doubtful construction to condemn thee . and if this , said he , be an errour , i hold it willingly ; for it is the greatest comfort i have in this world , without which i would not wish either to speak or to live . thus farr ; beng not to be answered in it any more , he was bold to proceed , the absurdity of which speech i need not to stand upon . i think the like to this , and other such in this sermon , and the rest of this matter , hath not been heard in publick places within this land , since queen mary's days . what consequence this doctrine may be of , if he be not by authority ordered to revoke it , i beseech your h h. as the truth of god and his gospel is dear and precious unto you , according to your godly wisdome to consider . i have been bold to offer to your h h. a long and tedious discourse of these matters ; but speech being like to tapestry , which if it be folded up , sheweth but part of that which is wrought ; and being unlapt and laid open , sheweth plainly to the eye all the work that is in it , i thought it necessary to unfold this tapestry , and to hang up the whole chamber of it in your most honourable senate , that so you may the more easily discern of all the pieces , and the sundry works and matters contained in it . wherein my hope is , your h h. may see i have not deserved so great a punishment , as is laid upon the church for my sake , and also upon my self , in taking from me the excercise of my ministerie : which punishment , how heavy it may seem to the church , or fall out indeed to be , i referr it to them to judge , and spare to write what i fear ; but to my self it is exceeding grievous , for that it taketh from me the excercise of my calling . which i do not say is dear unto me , as the means of that little benefit whereby i live ( although this be a lawful consideration , and to be regarded of me in due place , and of the authority under whose protection i most willingly live , even by god's commandment both unto them , and unto me : ) but which ought to be more precious unto me than my life , for the love which i should bear to the glory and honour of almighty god , and to the edification and salvation of his church , for that my life cannot any other way be of like service to god , nor of such use and profit to men by any means : for which cause , as i discern how dear my ministery ought to be unto me , so it is my hearty desire , and most humble request unto god , to your h h. and to all the authority i live under , to whom any dealing herein belongeth , that i may spend my life according to his example , who in a word of like sound , of fuller sense , comparing by it the bestowing of his life to the offering poured out upon the sacrifice of the faith of god's people , and especially of this church , whereupon i have already poured out a great part thereof in the same calling , from which i stand now restrained . and , if your h h. shall finde it so , that i have not deserved so great a punishment , but rather performed the duty , which a good and faithful servant ought , in such case , to do to his lord , and the people he putteth them in trust withal carefully to keep : i am a most humble suiter by these presents to your h h. that , by your godly wisdom , some good course may be taken for the restoring of me to my ministery and place again . which so great a favour , shall binde me yet in a greater obligation of duty ( which is already so great , as it seemed nothing could be added unto it to make it greater ) to honour god daily for the continuance and encrease of your good estate , and to be ready with all the poor means god hath given me , to do your h h. that faithful service i may possibly perform : but if , notwithstanding my cause he never so good , your h h. can by no means pacifie such as are offended , nor restore me again , then am i to rest in the good pleasure of god , and to commend to your h h. protection , under her majesties , my private life , while it shall be led in duty ; and the church to him , who hath redeemed to himself a people with his precious blood , and is making ready to come to judge both the quick and the dead , to give to every one according as he hath done in this life , be it good or evil , to the wicked and unbelievers . justice unto death ; but to the faithful , and such as love his truth , mercy and grace to life everlasting . your honours most bounden , and most humble suppliant walter travers , minister of the gospel . mr. hooker's ansvver to the supplication that mr. travers made to the council . to my lord of canterburie his grace . my duty in my most humble wise remembred : may it please your grace to understand , that whereas there hath been a late controversie raised in the temple , and pursued by mr. travers , upon conceit taken at some words by me uttered , with a most simple and harmless meaning : in the heat of which pursuit , after three publick invectives , silence being enjoyned him by authority , he hath hereupon , for defence of his proceedings , both presented the right honourable lords , and others of her majesties privy councel with a writing ; and also caused or suffered the same to be copied out , and spread through the hands of so many , that well nigh all sorts of men have it in their bosomes : the matters wherewith i am therein charged , being of such quality as they are , and my self being better known to your grace , than to any other of their honors besides , i have chosen to offer to your grace's hands a plain declaration of my innocence in all those things wherewith i am so hardly , and so heavily charged , lest , if i still remain silent , that which i do for quietness sake , be taken as an argument , that i lack what to speak truly and justly in mine own defence . . first , because m. travers thinketh it an expedient to breed an opinion in mens mindes , that the root of all inconvenient events which are now sprung out , is , the surly and unpeaceable disposition of the man with whom he hath to do ; therefore the first in the rank of accusations laid against me , is , my intorformity , which have so little inclined to so many , and so earnest exhortations and conferences , as my self , he saith , can witness , to have been spent upon me , for my better fashioning unto good correspondence and agreement . . indeed , when at the first , by means of special well-willers , without any suit of mine , as they very well know ( although i do not think it had been a mortal sinne , in a reasonable sort , to have shewed a moderate desire that way ) yet when by their endeavour , without instigation of mine , some reverend and honourable , favourably affecting me , had procured her majesties's grant of the place ; at the very point of my eptring thereinto , the evening before i was first to preach , he came , and two other gentlemen joyned with him : the effect of his conference then was , that he thought it his duty to advise me , not to enter with a strong hand , but to change my purpose of preaching there the next day , and to stay till he had given notice of me to the congregation , that so their allowance might seal my calling . the effect of my answer was , that , as in a place where such order is , i would not break ; so here , where in never was , i might not , of my own head , take upon me to begin it : but liking very well the motion of the opinion which i had of his good meaning who made it , requested him not to mislike my answer , though it were not correspondent to his minde . . when this had so displeased some , that whatsoever was afterwards done or spoken by me , it offended their taste , angry informations were daily sent out , intelligence given farr and wide , what à dangerous enemy was crept in ; the worst that jealousie could imagine , was spoken and written to so many , that at the length some knowing me well , and perceiving how injurious the reports were , which grew daily more and more unto my discredit , wrought means to bring mr. travers and me to a second conference . wherein , when a common friend unto us both , had quietly requested him to utter those things wherewith he found himself any way grieved : he first renewed the memory of my entring into this charge , by vertue only of an humane creature ( for so the want of that formality of popular allowance was then censured ) and unto this was annexed a catalogue , partly of causeless surmises , as , that i had conspired against him , and that i sought superiority over him ; and partly of faults , which to note , i should have thought it a greater offence than to commit , if i did account them faults , and had heard them so curiously observed in any other than myself , they are such silly things , as , praying in the entrance of my sermon onely , and not in the end ; naming bishops in my prayer , kneeling when i pray , and kneeling when i receive the communion , with such like , which i would be as loath to recite , as i was sorry to hear them objected , if the rehearsal thereof were not by him thus wrested from me . these are the conferences wherewith i have been wooed to entertain peace and good agreement . . as for the vehement exhortations he speaketh of , i would gladly know some reason , wherefore he thought them needful to be used . was there any thing found in my speeches or dealings that gave them occasion , who are studious of peace , to think that i disposed my self to some unquiet kinde of proceedings ? surely , the special providence of god i do now see it was , that the first words i spake in this place , should make the first thing whereof i am accused , to appear not onely untrue , but improbable , to as many as then heard me with indifferent ears ; and do , i doubt not , in their consciences clear me of this suspition . howbeit , i grant this were nothing , if it might he shewed , that my deeds following were not suitable to my words . if i had spoken of peace at the first , and afterwards sought to molest and grieve him , by crossing him in his function , by storming , if my pleasure were not asked , and my will obeyed in the least occurrences , by carping needlesly sometimes at the manner of his teaching , sometimes at this , sometimes at that point of his doctrine : i might then with some likelihood have been blamed , as one disdaining a peaceable hand when it had been offered . but if i be able ( as i am ) to prove that my self have now a full year together , born the continuance of such dealings , not onely without any manner of resistance , but also without any such complaint , as might lett or hinder him in his course , i see no cause in the world , why of this i should he accused , unlesse it be , lest i should accuse , which i meant not . if therefore i have given him occasion to use conferences and exhortations to peace , if when they were bestowed upon me i have despised them , it will not be hard to shew some one word or deed wherewith i have gone about to work disturbance : one is not much , i require but one . onely , i require if any thing be shewed , it may be proved , and not objected onely as this is , that i have joyned to such as have alwayes opposed to any good order in his church , and made themselves to be thought indisposed to the present estate and proceedings . the words have reference , as it seemeth , unto some such things as being attempted before my comming to the temple , went not so effectually ( perhaps ) forward , as he that devised them would have wished . an order , as i learn , there was tendred , that communicants should neither kneel , as in most places of the realm ; nor sit , as in this place the custom is ; but walk to the one side of the table , and there standing till they had received , pass afterwards away round about by the other . which being on a sudden begun to be practised in the church , some sate wondering what it should mean , others deliberating what to do : till such time as at length by name one of them being called openly thereunto , requested that they might do as they had been accustomed , which was granted ; and as mr. travers had ministred this way to the rest , so a curate was sent to minister to them after their way . which unprosperous beginning of a thing ( saving onely for the inconvenience of needless alterations , otherwise harmlesse ) did to disgrace that order , in their conceit who had to allow or disallow it , that it took no place . for neither could they ever induce themselves to think it good , and it so much offended mr. travers , who supposed it to be the best , that he since that time , although contented to receive it as they do , at the hands of others , yet hath not thought it meet they should ever receive out of his , which would not admit that order of receiving it , and therefore in my time hath been always present not to minister , but only to be ministred unto . . another order there was likewise devised , but an order of much more weight and importance . this soil in respect of certain immunities and other specialties belonging unto it , seemed likely to bear that which in other places of the realm of england doth not take . for which cause , request was made to her majesties privy councel , that whereas it is provided by a statute , there should be collectors and sidemen in churches , which thing , or somewhat correspondent unto it , this place did greatly want ; it would please their honours to motion such a matter to the antients of the temple . and , according to their honourable manner of helping forward all motions so grounded , they wrote their letters , as i am informed to that effect . whereupon , although these houses never had use of such collectors and sidemen as are appointed in other places , yet they both erected a box to receive mens devotions for the poor , appointing the treasurer of both houses to take care for bestowing it where need was , and granting further , that if any could he entreated ( as in the end some were ) to undertake the labour of observing mens slacknesse in divine duties , they should be allowed , their complaints heard at all times , and the faults they complained of , if mr. alveyes private admonition did not serve , then by some other means to be redressed ; but according to the old received orders of both houses . whereby the substance of their honors letters were indeed fully satisfied . yet , because mr. travers intended not this , but , as it seemed another thing ; therefore , notwithstanding the orders which have been taken , and , for any thing i know , do stand still in as much force in this church now , as at any time heretofore , he complaineth much of the good orders which he doth mean have been withstood . now it were hard , if as many as did any ways oppose unto these and the like orders , in his perswasion good , do thereby make themselves dislikers of the present state and proceeding . it they , whom he aimeth at , have any other wayes made themselves to be thought such , it is likely he doth known wherein , and will , i hope , disclose wherein it appertaineth , both the persons whom he thinketh , and the causes why he thinketh them so ill-affected . but whatsoever the men be , doe their faults make me faulty ? they doe , if i joyn my self with them . i beseech him therefore to declare wherein i have joyned with them . other joyning than this with any man here , i cannot imagine : it may be i have talked , or walked , or eaten , or interchangeably used the duties of common humanity with some such as he is hardly perswaded of . for i know no law of god or man , by force whereof they should be as heathens and publicans unto me , that are not gracious in the eyes of another man , perhaps without cause , or if with cause : yet such cause as he is privy unto , and not i. could he , or any reasonable man think it is a charitable course in me , to observe them that shew by external courtesies a favourable inclination toward him , and if i spy out any one amongst them , of whom i think not well , hereupon to draw such an accusation as this against him , and to offer it where he hath given up his against me ? which notwithstanding , i will acknowledge to be just and reasonable , if he or any man living shall shew that i use as much as the bare familiar company but of one , who , by word , or deed hath ever given me cause to suspect or conjecture him , such as here they are termed , with whom complaint is made that i joyn my self . this being spoken therefore , and written without all possibility of proof , doth not mr. travers give me over-great cause to stand in some fear , lest he make too little conscience how he useth his tongue or pen ? these things are not laid against me for nothing ; they are to some purpose if they take place . for in a minde perswaded that i am , as he deciphereth me , one which refuses to be at peace with such as embrace the truth , and side my self with men sinisterly affected thereunto , any thing that shall be spoken conferring the unsoundness of my doctrine , cannot choose but he favourably entertained . this presupposed , it will have likelihood enough , which afterwards followeth , that many of my sermons have tasted of some sour leaven or other , that in them he hath discovered many unsound matters . a thing much to be lamented , that such a place as this , which might have been so well provided for , hath fallen into the hands of one no better instructed in the truth . but what if in the end it be found , that he judgeth my words , as they do colours , which look upon them with green spectacles , and think that which they see is green , when indeed that is green whereby they see . . touching the first point of this discovery , which is about the matter of predestination , to set down that i spake ( for i have it written ) to declare and confirm the several branches thereof , would be tedious now in this writing , where i have so many things to touch , that i can but touch them onely . neither is it herein so needful for me to justifie my speech , when the very place and presence where i spake , doth it self speak sufficiently for my clearing . this matter was not broached in a blinde alley , or uttered where none was to hear it , that had skill with authority to controll , or covertly insinuated by some gliding sentence . . that which i taught was at pauls cresse ; it was not hudled in amongst other matterr , in such sort that it could passe without noting ; it was opened , it was proved , it was some reasonable time stood upon . i see not which way my lord of london , who was present and heard it , can excuse so great a fault , as patiently , without rebuke or controlment afterwards , to hear any man there teach otherwise than the word of god doth ; nor as it is understood by the private interpretation of some one or two men , or by a special construction received in some few books , but , as it is understood by al● churches professing the gospel , by them all , and therefore even by our own also amongst others . a man that did mean to prove that he speaketh , would surely take the measure of his words shorter . . the next thing discovered , is an opinion about the assurance of mens perswas●sions in matters of faith. i have taught , he saith , that the assurance of things which we believe by the word , is not so certain as of that we perceive by sense . and , is it as certain ? yea , i taught as he himself , i trust , will not deny , that the things which god doth promise in his word , are surerunto us , than any thing which we touch , handle , or see . but are we so sure and certain of them : if we be , why doth god so often prove his premises unto us , as he doth by argument taken from our sensible experience ? we must be surer of the proof , than of the thing proved , otherwise it is no proof . how is it , that if ten men doe all look upon the moon , every one of them knoweth it as certainly to be the moon as another ; but many believing one and the same promise , all have not one and the same fulnesse of perswasion ? how falleth it out , that men being assured of any thing by sense , can be no surer of it than they are ; whereas the strongest in faith that liveth upon the earth , hath always need to labour , and strive , and pray , that his assurance concerning heavenly and spiritual things , may grow , encrease , and be augmented ? . the sermon wherein i have spoken somewhat largely of this point , was long before this late controversie rose between him and me , upon request of some of my friends , seen and read by many , and amongst many , some who are thought able to discern : and i never heard that any one of them hitherto , hath condemned it as containing unsound matter . my case were very hard , if as oft as any thing i speak displeasing one man's taste , my doctrine upon his onely word should be taken for sour leaven . . the rest of this discovery is all about the matter now in question ; wherein he hath two faults predominant , would tire out any that should answer unto every point severally : un apt speaking of school-controversies , and of my words so untoward a reciting , that he which should promise to draw a man's countenance , and did indeed expresse the parts , at leastwise most of them , truly , but perversely place them , could not represent a more offensive visage , than unto me my own speech seemeth in some places , as he hath ordered it . for answer whereunto , that writing is sufficient , wherein i have set down both my words and meaning in such sort , that where this accusation doth deprave the one , and either mis-interpret , or , without just cause , mis-like the other , it will appear so plainly , that i may spare very well to take upon me a new needlesse labour here . . onely at one thing which is there to be found , because mr. travers doth here seem to take such a special advantage , as if the matter were unanswerable , he constraineth me either to detect his oversight , or to confesse mine own in it . in settling the question between the church of rome and us , about grace and justification , lest i should give them an occasion to say , as commonly they doe , that when we cannot refute their opinions , we propose to our selves such instead of theirs , as we can refute ; i took it for the best and most perspicuous way of teaching , to declare first , how far● we doe agree , and then to shew our disagreement : not generally ( as mr. travers his a words would carry it , for the easier fastning that upon me , wherewith , saving onely by him , i was never in my life touched ; ) but about the matter onely of justification : for further i had no cause to meddle at this time . what was then my offence in this case ? i did , as he saith , so set it out , as if we had consented in the greatest and weightiest points , and differed onely in smaller matters . it will not be found , when it commeth to the balance , a light difference where we disagree , as i did acknowledge that we doe , about the very essence of the medicine whereby christ cureth our disease . did i goe about to make a shew of agreement in the weightiest points , and was i so fond as not to conceal our disagreement about this ? i doe with that some indifferency were used by them that have taken the weighing of my words . . yea , but our agreement is not such in two of the chiefest points , as i would have men believe it is ? and what are they ? the one is , i said , they acknowledge all men sinners , even the blessed virgin , though some of them free her from sin . put the case i had affirmed , that onely some of them free her from sin , and had delivered it as the most current opinion amongst them , that she was conceived in sin : doth not bona● tature say plainly , omnesfere , in a manner all men do bold this ● doth he not bring many reasons wherefore all men should hold it ? were their voyces since that time ever counted , and their number found smaller which hold it , than theirs that hold the contrary ? let the question then be , whether i might say , the most of them acknowledged all men sinner , even the blessed virgin her selfe . to shew , that their general received opinion is the contrary , the tridentine council is alledged , peradventure not altogether so considerately . for if that council have by resolute determination freed her , if it held as mr. travers saith it doth , that she was free from sin ; then must the church of rome needs condemn them that hold the contrary : for what thee council holdeth , the same they all doe and must hold , but in the church of rome , who knoweth not , that it is a thing indifferent to think and defend the one or the other ? so that , by this argument , the council of trent holdeth the virgin free from sinne ; ergo , it is plain that none of them may , and therefore untrue , that most of them do acknowledge her a sinner , were for able to overthrow my supposed affection , if it were true that the council did hold this . but to the end it may clearly appear , how it neither holdeth this not the contrary , i will open what many do conceive of the canon that concerneth this matter . the fathers of trent perceived , that if they should define of this matter , it would be dangerous howsoever it were determined . if they had freed her from her original sinne , the reasons against them are unanswerable , which bonave●ture and others do alledge , but especially thomas , whose line , as much as may be , they follow . again , if they did resolve the other way , they should control themselves in another thing , which i● no case might be altered . for they profess to keep no day holy in the honour of an ●●●●holy thing ; and the virgin conception they honour with a * feast , which they could not abrogate without cancelling a constitution of ●ystem quo●●●● . and , that which is worse , the world might parhaps suspect , that if the church of rome did● amisse before in this , it is not impossible for her to fail in other things . in the end , they did wisely quo●● out their canon by a middle thred establishing the feast of the virgin 's conception , and leaving the other question doubtful as they found it , giving onely a cavent , that no man should take the decree , which pronounceth all mankinde originally sinfull , for a definitive sentence concerning the blessed virgin. this in my sight is plain by their own words , declarat hac ipsa sancta synod●● , &c. wherefore our country-men at rhe●●s , mentioning this point , are marvellous wary how they speak , they touch it as though it were a hot coal : many godly devout men judge , that our blessed lady was neither burn not cou●●●d in sin . is it their wont to speak ainely of things definitively set down in that councell ? in like sort , we finde that the rest , which have since that time of the tridentine synod written of original sin , are in this point , for the mostpart , either silent , or very sparing in speech : and , when they speak , either doubtful what to think , or whatsoever they think themselves ; fearfull to set down any certain determination . if i be thought to take the canon of this council otherwise than they themselves doe , let him expound in , whose sentence was neither last asked , not his penne least occupied in setting it down ; i mean androdius , whom gregory the thirteenth hath allowed plainly to confest , that it is a matter which neither expresse evidence of scripture , not the tradition of the fathers , nor the sentence of church hath determined ; that they are too surly and self-willed , which defending their opinion , are displeased with them by whom , the other is maintained : finally , that the father of trent have not set down any certainty about this question , but lest it doubtful and indifferent . now whereas my words , which i had set down in writing , before i uttered them , were indeed these , although they imagine , that the mother of our lord iesus christ , were , for his honour , and by his special protection , preserved clean from all sinne ; yet concerning the rest , they teach as we do , that all have sinned . against my words they might , with more pretence , take exception , because so many of them think she had sinne : which exception notwithstanding , the proposition being indefinite , and the matter contingent , they cannot take , because they grant , that many whom they account grave and devout amongst them , think , that she was clear from all sinne . but , whether mr. travers did note my words himself , or take them upon the credit of some other man's noting , the tables were faulty wherein it was noted : all men sinners , even the blessed virgin. when my second speech was rather , all men , except the blessed virgin. to leave this ; another fault he findeth , that i said , they teach christs righteousnesse to be the onely meritorious cause of taking away sinne , and differ from us onely in the applying of it . i did say , and doe , they teach as we do , that although christ be the onely meritorious cause of our iustice , yet as a medicine which is made for health , doth not heal by being made , but by being applyed : so , by the merits of christ , there can be no life nor iustification , without the application of his merits : but about the manner of applying christ , about the number and power of means whereby he is applyed , we dissent from them . this of our dissenting from them is acknowledged . . our agreement in the former is denied to be such as i pretend . let their own words therefore and mine concerning them , be compared . doth not andradius plainly confess , our sins do shut , and onely the merits of christ open the entring unto blessedness ? and so to ; it is put for a good ground , that all , since the fall of adam , obtained salvation onely by the passion of christ : howbeit , as no cause can be effectual without applying , so neither can any man be saved , to whom the suffering of christ is not applied . in a word , who not ? when the council of trent , reckoning up the causes of our first justification , doth name no end , but god's glory , and our felicity ; no efficient , but his mercy ; no instrumental , but baptism ; no meritorious , but christ ; whom to have merited the taking away of no sin but original , is not their opinion : which himself will finde , when he hath well examined his witnesses , catharinus and thomas . their jesuites are marvellous angry with the men out of whose gleanings mr. travers seemeth to have taken this , they openly disclaim it ; they say plainly , of all this catholicks , there is no one this did ever so teach ; they make solemn protestation , we believe and profess , that christ upon the cross hath altogether satisfied for all sins , as well original as actual . indeed they teach , that the merit of christ doth not take away actual sinne , in such sort as it doth original ; wherein , if their doctrine had been understood , i for my speech had never been accused . as for the council of trent , concerning inherent righteousness , what doth it here ? no man doubteth , but they make another formal cause of justification than we do . in respect whereof , i have shewed you already , that we disagree about the very essence of that which cureth our spiritual disease . most time it is which the grand philosopher hath , every man judgeth well of that which he knoweth ; and therefore till we know the things throughly , whereof we judge , it is a point of judgment to stay our judgment . . thus much labour being spent in discovering the unsoundness of my doctrine , some pains he taketh further to open faults in the manner of my teaching , as that , i bestowed my whole hour and more , my time and more than my time , in discourses utterly impertinent to my text. which , if i had done , it might have past without complaining of to the privy council . . but i did worse , as he saith , i left the expounding of the scriptures , and my ordinary calling , and discoursed upon school-points and questions , neither of edification , nor of truth . i read no lecture in the law , or in physick . and except the bounds of ordinary calling may be drawn like a purse , how are they so much wider unto him than to me , that he which in the limits of his ordinary calling , should reprove that in me which he understood not ; and i labouring that both he and others might understand , could not do this without forsaking my calling ? the matter whereof i spake was such , as being at the first by me but lightly touched , he had in that place openly contradicted , and solemnly taken upon him to disprove . if therefore it were a school-question , and unfit to be discoursed of there , that which was in me but a proposition onely at the first , wherefore made he a probleme of it ? why took he first upon him to maintain the negative of that , which i had affirmatively spoken , onely to shew mine own opinion , little thinking that ever it would have been a question ? of what nature soever the question were , i could doe no lesse than there explain my self to them , unto whom i was accused of unsound doctrine ; wherein if to shew , what had been through ambiguity mistaken in my words , or misapplied by him in this cause against me , i used the distinctions and helps of schools ; i trust that herein i have committed no unlawful thing . these school-implements are acknowledged by grave and wise men not unprofitable to have been invented . the most approved for learning and judgement do use them without blame , the use of them hath been well liked in some that have taught even in this very place before me : the quality of my hearers is such , that i could not but think them of capacity very sufficient , for the most part , to conceive harder than i used any ; the cause i had in hand did in my judgment necessarily require them which were then used : when my words spoken generally , without distinctions had been perverted , what other way was there for me , but by distinctions to lay them open in their right meaning , that it might appear to all men , whether they were consonant to truth or no ? and , although mr. travers be so inured with the city , that he thinketh it unmeet to use any speech which savoureth of the school , yet his opinion is no canon : though unto him , his minde being troubled , my speech did seem like fetters and manacles , yet there might be some more calmly affected , which thought otherwise ; his private judgment will hardly warrant his bold words , that the things which i spake , were neither of edification nor truth . they might edifie some other for any thing he knoweth , and be true for any thing he proveth to the contrary . for it is no proof to cry : absurdities , the like whereunto have not been heard in publick places within this land since queen marie's days ! if this came in earnest from him , i am sorry to see him so much offended without cause ; more sorry , that his fit● should be so extream , to make him speak he knoweth not what . that i neither affected the truth of god , nor the peace of the church ; mihi pro minimo ●est , it doth not much move me , when mr. travers doth say that , which i trust a greater than mr. travers will gainsay . . now let all this which hitherto he hath said be granted him ; let it be as he would have it , let my doctrine and manner of teaching be as much disallowed by all men's judgements as by his , what is all this to his purpose ? he alledgeth this to be the cause why he bringeth it in . the high-commissioners charge him with an indiscretion and want of duty , in that he inveighed against certain points of doctrine , taught by me as erroneous , not con●erring first with me , nor complaining of it to them . which faults , a sea of such matter as he hath hitherto waded in , will never be able to scoure from him . for the avoiding schism and disturbance in the church , which must needs grow , if all men might think what they list , and speak openly what they think ; therefore by a * decree agreed upon by the bishops , and confirmed by her majesties authority , it was ordered , that erroneous doctrine , if it were taught publickly , should not be publickly refuted ; but that notice thereof should be given into such as are by her highness appointed to hear , and to determine such causes . for breach of which order , when he is charged with lack of duty , all the faults that can be heaped upon me , will make but a weak defence for him : as surely his defence is not much stronger , when he alledges for himself , that he was in some hope his speech in proving the truth , and clearing those scraples which i had in my self , might cause me either to embrace sound doctrine , or suffer it to be embraced of others ; which , if i did , he should not need to complain : that , it was meet he should discover first what i had sown , and make it manifest to be tares , and then desire their sithe to cutt it down : that , conscience did binds him to doe otherwise , than the foresaid order requireth ; that , he was unwilling to deal in that publick manner , and wished a more convenient way were taken for it : that , he had resolved to have protested the next sabbath day , that he would some other way satisfie such as should require it , and not deal more in that place . be it imagined , [ let me not be taken as if i did compare the offenders , when i do not , but their answers onely ] that a libeller did make this apology for himself , i am not ignorant , that if i have just matter against any man , the law is open , there are judges to hear it , and courts where it ought to be complained of ; i have taken another course against such or such a man , yet without breach of duty ; forasmuch as i am able to yield a reason of my doing , i conceive some hope , that a little discredit amongst men would make him ashamed of himself , and that his shame would work his amendment ; which if it did , other accusation there should not need ; could his answer he thought sufficient , could it in the judgement of discreet men , free him from all blame ? no more can the hope mr. travers conceived , to reclaim me by publick speech , justifie his fault against the established order of the church . . his thinking it meet ; he should first openly discover to the people the tares that had been sown amongst them , and then require the hand of authority to mow them down , doth onely make it a question , whether his opinion that this was meet , may be a priviledge or protection against the lawful constitution which had before determined of it as of a thing unmeet . which question i leave for them to discusse whom it most concerneth . if the order be such , that it cannot be kept without hazarding a thing so precious as a good conscience , the peril whereof could be no greater to him , than it needs must be to all others whom it toucheth in like causes ; then this is evident , it will be an effectual motive , not onely for england , but also for other reformed churches , even geniva it self [ for they have the like ] to change or take that away which cannot but with great inconvenience be observed . in the mean while the breach of it may , in such consideration , be pardoned [ which truly i wish howsoever it be ] yet hardly defended as long as it standeth in force uncancelled . . now , whereas he confesseth another way had been more convenient , and that he found in himself secret unwillingnesse to doe that which he did , doth he not say plainly , in effect , that the light of his own understanding , proved the way that he took perverse and crooked ; reason was so plain and pregnant against it , that his minde was alienated , his will averted to another course ? yet somewhat there was that so farr over-ruled , that it must needs be done even against the very stream , what doth it bewray ? finally his purposed protestation , whereby he meant openly to make it known , that he did not allow this kinde of proceeding , and therefore would satisfie men otherwise , and deal no more in this place , sheweth his good minde in this , that he meant to stay himself from further offending ; but it serveth not his turn . he is blamed because the thing he hath done was amisse , and his answer is , that which i would have done afterwards had been well , if so be i had done it . . but as in this he standeth perswaded , that he hath done nothing besides duty , so he taketh it hardly , that the high commissioners should charge him with indiscretion . wherefore , as if he could so wash his hands , he maketh a long and a large declaration concerning the carriage of himself : how he waded in matters of smaller weight , and how in things of greater moment ; how wary he dealt ; how naturally he took his things rising from the text ; how closely he kept himself to the scriptures he took in hand ; how much pains he took to confirm the necessity of believing iustification by christ onely , and to shew how the church of rome denieth that a man is saved by faith alone , without works of the law ; what the sons of thunder would have done , if they had been in his case ; that his answer was very temperate , without immodest or reproachful speech , that when he might before all have reproved me , he did not , but contented himself with exhorting me before all , to follow nathan's example , and revisit my doctrine ; when he might have followed saint paul's example in reproving peter , he did not , but exhorted me with peter , to endure to be withstood . this testimony of his discreet carrying himself in the handling of his matter , being more agreeably framed and given him by another than by himself , might make somewhat for the praise of his person ; but for defence of his action unto them by whom he is thought undiscreet , for not concerning privately before he spake , will it serve to answer , that when he spake , he did it considerately ? he perceiveth it will not , and therefore addeth reasons , such as they are : as namely , how he purposed at the first to take another course , and that was this , publickly to deliver the truth of such doctrine as i had otherwise taught , and at convenient opportunity to conferr with me upon such points . is this the rule of christ ? if thy brother offend openly in his speech , controll it first with contrary speech openly , and conferr with him afterwards upon it , when convenient opportunity serveth ? is there any law of god or man , whereupon to ground such a resolution ? any church extant in the world , where teachers are allowed thus to doe , or to be done unto ? he cannot but see how weak an allegation it is , when he bringeth in his following this course , first in one matter , and so afterwards in another , to approve himself , now following it again . for if the purpose of doing of a thing so uncharitable be a fault , the deed is a greater fault ; and doth the doing of it twice , make it the third time fit and allowable to be done ? the weight of the cause , which is his third defence , relieveth him as little . the weightier it was , the more it required considerate advice and consultation , the more it stood him upon to take good heed , that nothing were rashly done or spoken in it . but he meaneth weighty , in regard of the wonderful danger , except he had presently withstood me without expecting a time of conference . this cause being of such moment that might prejudice the faith of christ , encourage the ill-affected to continue still in their damnable wayes , and other weak in faith , to suffer themselves to be seduced , to the destruction of their souls , he thought it his bounden duty to speak before he talked with me . a man that should read this , and not know what i had spoken , might imagine that i had at the least denied the divinity of christ. but they which were present at my speech , and can testifie , that nothing passed my lips more than is contained in their writings , whom , for soundnesse of doctrine , learning , and judgment , mr. travers himself doth , i dare say , not onely allow , but honour ; they which heard , and do know , that the doctrine here signified in so fearful manner , the doctrine that was so dangerous to the faith of christ , that was so likely to encourage ill-affected men to continue still in their damnable wayes ; that gave so great cause to tremble for fear of the present destruction of souls , was onely this , i doubt not but god was merciful to save thousands of our fathers , living heretofore in the popish superstition , in as much as they sinned ignorantly ; and this spoken in a sermon , the greatest part whereof was against popery , they will hardly be able to discern how christianity should herewith be so grievously shaken . . whereby his fourth excuse is also taken from him . for what doth it boot him to say , the time was short wherein he was to preach after me , when his preaching of this matter perhaps ought , surely might have been either very well omitted , or at least more conveniently for a while deferred ; even by their judgements that cast the most favourable aspect towards these his hasty proceedings . the poyson which men had taken at my hands , was not so quick and strong in operation , as in eight dayes to make them past cure ; by eight dayes delay , there was no likelihood that the force and power of his speech could dye ; longer meditation might bring better and stronger proofs to minde , than extemporal dexterity could furnish him with : and , who doth know whether time , the onely mother of sound judgement and discreet dealing , might have given that action of his some better ripeness , which , by so great festination hath , as a thing born out of time , brought small joy unto him that begat it ? doth he think it had not been better , that neither my speech had seemed in his eyes as an arrow sticking in a thigh of flesh ; nor his own as a childe whereof he must needs be delivered by an hour ? his last way of disburthening himself , is by casting his load upon my back , as if i had brought him by former conferences out of hope , that any fruit should ever come of conferring with me . loth i am to rip up those conferences , whereof he maketh but a slippery and loose relation . in one of them the question between us was , whether the perswasion of faith concerning remission of sinnes , eternal life , and whatsoever god doth promise unto man , be as free from doubting , as the perswasion which we have by sense concerning things tasted , felt , and seen ? for the negative , i mentioned their example , whose faith in scripture is most commended , and the experience which all faithful men have continually had of themselves . for proof of the affirmative , which he held . i desiring to have some reason , heard nothing but all good writers oftentimes incul●a●ed . at the length , upon request to see some one of them , peter martyr's common places were brought , where the leaves were turned down , at a place sounding to this effect . that the gospel doth make christians more vertuous ; than moral philosophy doth make heat hens : which came not near the questions by many miles . . in the other conference he questioned about the matter of reprobation , misliking first , that i had termed god a permissive , and no positive cause of the evil , which the schoolmen do call malum cuspae . secondly , that to their objection who say , if i be elected , do what i will , i shall be saved , i had answered , that the will of god in this thing is not absolute , but conditional , to save his elect believing , fearing , and obediently , serving him . thirdly , that to stop the mouths of such as grudge and repine against god for rejecting cast aways , i had taught that they are not rejected , no not in the purpose and counsel of god , without a foreseen worthinesse of rejection going , though not in time , yet in order● before● for if god's electing do in order● ( as needs it must ) presuppose the foresight of their being that are elected , though they be elected before they be ; nor onely the positive foresight of their being , but also the permissive of their being miserable , because election is through mercy , and mercy doth always presuppose misery : it followeth , that the very chosen of god acknowledge to the praise of the riches of his exceeding free compassion , that when he in his secret determination set it down , those shall live and not dye , they lay as ugly spectacles before him , as lepers covered with dung and mine , as ulcers putrified in their fathers ●oyns , miserable , worthy to be had in detestation ; and shall any forsaken creature be able to say unto god , thou didst plunge me into the depth , and assign me unto endless torments , onely to satisfie thine own will , finding nothing in me for which i could seem in thy sight so well worthy to feel everlasting flames ? . when i saw that mr. travers carped at these things , onely because they lay not open , i promised at some convenient time to make them clear as light both to him and all others . which , if they that reprove me will not grant me leave to doe , they must think that they are for some cause or other more desirous to have me reputed an unsound man , then willing that my sincere meaning should appear and be approved . when i was further asked what my grounds were ? i answered , that saint paul's words concerning this cause were my grounds . his next demand , what author i did follow in expounding saint paul , and gathering the doctrine out of his words , against the judgement ( he saith ) of all churches , and all good writers . i was well assured , that , to control this over-reaching speech , the sentences which i might have cited out of church-confessions , together with the hast learned monuments of former times , and not the meanest of our own , were tho i● number than perhaps he would willingly have heard of : but what had this booted me ? for , although he himself in generality do much use those formal speeches , all churches and all good writers : yet , as he holdeth it , in pulpit , lawful to say in general , the pa●uims think this , or the heathens that , but utterly unlawful to cite any sentence of theirs that say it : so he gave me at that time great cause to think , than my particular alledging of other mens words , to shew their agreement with mine , would as much have displeased his minde , as the thing it self for which it had been alledged ; for he knoweth how often he hath in publick place bitten me for this although i did never in any sermon use many of the sentences of other writers , and do make most without any ; having always thought it meetest , neither to affect nor contemn the use of them . . he is not ignorant , that in the very entrance to the talk , which we had privately at that time , to prove it unlawful altogether in preaching , either for confirmation , declaration , or otherwise , to cite any thing but mere canonical scripture , he brought in , the scripture is given by inspiration , and is profitable to teach , improve , &c. urging much the vigour of these two clauses ; the man of god and every good work . if therefore the work were good which he required at my hands , if privately to shew why i thought the doctrine i had delivered to be according to saint paul's meaning , were a good work , can they which take the place before alledged for a law , condemning every man of god , who● in doing the work of preaching any other way useth human authority , like it in me , if , in the work of strengthening that which i had preached , i should bring forth the testimonies and the sayings of mortal men ? i alledged therefore that which might under no pretence in the world be disallowed , namely reasons , not meaning thereby mine own reason , as now it is reported , but true , sound , divine reason ; reason whereby chose conclusions might be out of saint paul demonstrated , and not probably discoursed of onely ; reason , proper to that science whereby the things of god are known ; theological reason , without principles in scripture that are plain , soundly deduced more doubtful inferences , in such sort that being heard they cannot be denied , not any thing repugnant unto them received , but whatsoever was before otherwise by miscollecting gathered out of dark places , is thereby forced to yield it self , and the true consonant meaning of sentences not understood , is brought to light . this is the reason which i intended . if it were possible for me to escape the ferula in any thing i do or speak , i had undoubtedly escaped in this . in this i did that which by some is enjoyned as the only allowable , but granted by all as the most sure and safe way , whereby to resolve things doubted of in matters appertaining to faith and christian religion . so that mr. travers had here small cause given him to be weary of conferring , unlesse it was in other respects , than that poor one which is here pretended , that is to say , the little hope he had of doing me any good by conference . . yet behold his first reason of not complaining to the high commission , is , that sith i offended onely through an over-charitable inclination , he conceived good hope , when i should see the truth cleared , and some scruples , which where in my minde , removed by his diligence , i would yield . but what experience soever he had of former conferences , how small soever his hope was , that fruit would come of it , if he should have conferred , will any man judge this a cause sufficient , why to open his mouth in publick , without any one word privately spoken : he might have considered the men do sometimes reap , where they sow but wish small hope ; he might have considered , that although unto me ( whereof he was not certain neither ) but if to me his labour should be as water spilt or poured into a torne dish , yet to him it could not be fruitlesse to do that , which order in christian churches , that which charity amongst christian men , that which at many men's hands , even common humanity it self , at his , many other things besides , did require . what fruit could there come of his open contradicting in so great haste , with so small advice , but such as must needs be unpleasant , and mingled with much ace●bity ? surely , he which will take upon him to defend , that , in this , there was no over-sight , must beware , left , by such defences , he leave an opinion dwelling in the mindes of men , that he is more stiff to maintain what he hath done , then careful to doe nothing but that which may justly be maintained . . thus have i , as near as i could , seriously answered things of weight : with smaller i have dealt , as i thought their quality did require . i take no joy in striving , i have not been nuzled or trained up in it . i would to christ they which have at this present enforced me hereunto , had so ruled their hands in any reasonable time , that i might never have been constrained to strike so much as in mine own defence . wherefore to prosecute this long and redious contention no further , i shall wish that your grace and their honours ( unto whose intelligence the dutiful regard , which i have of their judgments , maketh me desirous , that as accusations have been brought against me , so that this my answer thereunto may likewise come ) did both with the one the other , as constantine with books containing querulous matter . whether this be convenient to be wished or no , i cannot tell : but sith there can come nothing of contention , but the mutual waste of the parties contending , till a common enemy dance in the ashes of them both , i do wish heartily that the grave advice which constantine gave for re-uniting of his clergy so many times , upon some small occasions , in so lamentable sort divided ; or rather the strict commandment of christ unto his , that they should not be divided at all ; may at the length , if it be his blessed will , prevail so farr , at least in this corner of the christian world , to the burying and quite forgetting of strife , together with the causes that have either bred it , or brought it up , that things of small moment never disjoyn them , whom one god , one lord , one faith , one spirit , one baptism , bands of so great force have linked ; that a respectively eye towards things wherewith we should not be disquieted , make us not , as through infirmity the very patriarchs themselves sometimes were , full gorged , unable to speak peaceably to their own brother . finally , that no strife may ever be heard of again , but this , who shall hate strife most , who shall pursue peace and unity with swiftest paces . to the christian reader . whereas many desirous of resolution in some points handled in this learned discourse , were earnest to have it copied out ; to case so many labours , it hath been thought most worthy and very necessary to be printed : that not onely they might be satisfied , but the whole church also hereby edified . the rather , because it will free the author from the suspition of some errors , which he hath been thought to have favoured . who might well have answered with cremutius in tacitus , verba mea arguuntur , adeò factorum innocens sum . certainly , the event of that time wherein he lived , shewed that to be true , which the same author spake of a worse , cui deerat inimicus , per amicos oppressus ; and that there is not minus periculum ex magna fama , quàm ex mala . but he hath so quit himself , that all may see how , as it was said of agricola , simul suis virtutibus , simul vitiis aliorum , in ipsam gloriam praeceps agebatur . touching whom i will say no more , but that which my author said of the same man , integritatem , &c. in tanto viro referre , injuria virtutum fuerit . but as of all other his writings , so of this i will adde that which velleius spake in commendation of piso , nemo fuit , qui megis quae agenda erant curaret , sine ulla ostentatione agendi . so not doubting , good christian reader , of thy assent herein , but wishing thy favourable acceptance of this work ( which will be an inducement to set forth others of his learned labours ) i take my leave , from corpus christi colledge in oxford , the sixth of july , . thine in christ jesus , henry iackson . a learned discourse of justification , works , and how the foundation of faith is overthrown . habak. . . the wicked doth compass about the righteous : therefore perverse iudgement doth proceed . for the better manifestation of the prophets meaning in this place we are first to consider the wicked , of whom he saith , that they compass about the righteous : secondly , the righteous , that are compassed about by them : and thirdly , that which is inferred ; therefore perverse judgement proceedeth . touching the first , there are two kinds of wicked men , of whom in the fist of the former to the corinthians , the blessed apostle speaketh thus : do ye not judge them that are within ; but god judgeth them that art without . there are wicked therefore whom the church may judge , and there are wicked whom god onely judgeth : wicked within , and wicked without the walls of the church . if within the church , particular persons be apparently such , as cannot otherwise be reformed ; the rule of the apostolical judgment is this , separate them from among you : if whole assemblies , this : separate your selves from among them : for what society hath light with darkness ? but the wicked ; whom the prophet meaneth , were babylonians , and therefore without . for which cause we heard at large heretofore in what sort he urgeth god to judge them . . now concerning the righteous , their neither it , nor ever was any meer natural man absolutely righteous in himself , that is to say , void of all unrighteousness of all sin . we dare not except , no not the blessed virgin her self , of whom although we say with st. augustine , for the honour sake which we owe to our lord and saviour christ , we are not willing in this cause , to move any question of his mother : yet for asmuch as the schools of rome have made it a question ; we may answer with a eusebius emissenus , who , speaketh of her and to her in this effect : thou didst , by special prerogative nine months together entertain within the closet of the flesh , the hope of all the ends of the earth , the honour of the world , the common joy of men. he , from whom all things had their beginning , had his beginning from thee ; of the body he took the blood , which was to be shed for the life of the world ; of thee he took that which even for thee be payed . a peccati enim veteris nexu , per se non est immunis ipsa genitrix redemptoris : the mother of the redeemer himself , is not otherwise loosed from the bond of antient sinne , than by redemption : if christ have paid a ransom for all , even for her , it followeth , that all , without exception , were captives . if one have died for all , then all were dead in sinne ; all sinful therefore , none absolutely righteous in themselves ; but we are absolutely righteous in christ. the world then must shew a righteous man , otherwise not able to shew a man that is perfectly righteous : christ is made to us wisdome , iustice , sanctification , and redemption : wisdom , because he hath revealed his fathers will : iustice , because he hath offered up himself a sacrifice for sin : sanctification , because he hath given us his spirit , redemption , because he hath appointed a day to vindicate his children out of the bonds of corruption into liberty which is glorious . how christ is made wisdom , and how redemption , it may be declared , when occasion serveth . but how christ is made the righteousness of men , we are now to declare . . there is a glorifying righteousness of men in the world to come : as there is a justifying and sanctifying righteousness here . the righteousness , wherewith we shall be clothed in the world to come , is both perfect and inherent . that whereby here we are justified is perfect ; but not inherent . that whereby we are sanctified , is inherent , but not perfect . this openeth a way to the understanding of that grand question , which hangeth yet in controversie between us and the church of rome , about the matter of justifying righteousness . . first , although they imagine , that the mother of our lord and saviour jesus christ , were , for his honour , and by his special protection , preserved clean from all sinne : yet touching the rest , they teach as we doe , that infants that never did actually offend , have their natures defiled , destitute of justice , averted from god ; that in making man righteous , none do efficiently work with god , but god. they teach as we do , that unto justice no man ever attained , but by the merits of jesus christ. they teach as we do , that although christ as god , be the efficient ; as man , the meritorious cause of our justice ; yet in us also there is some thing required . god is the cause of our natural life , in him we live : but he quickneth not the body without the soul in the body . christ hath merited to make us just : but , as a medicine , which is made for health , doth not head by being made , but by being applied ; so , by the merits of christ there can be no justification , without the application of his merits . thus farr we joyn hands with the church of rome . . wherein then do we disagree ? we disagree about the future and offence of the medicine , whereby christ cureth our disease ; about the 〈…〉 of applying it ; about the number , and the power of means , which god requireth in as for the effectual applying thereof to our souls comfort . when they are re 〈…〉 that the righteousness is , whereby a christian man is justified : they a answer , that it is a divine spiritual quality ; which quality received into the soul , doth first make it to be one of them , who are born of god ? and secondly , indue it with power , to bring forth such works , as they do that are born of him , even as the soul of man being joyned to his body , doth first make him to be of the number of reasonable creatures , and secondly , inable him to perform the natural functions which are proper to his kinde ; that it maketh the soul amiable and gracious in the sight of god , in regard whereof it is termed grace ; that is purgeth , purifieth , and washeth out all the stains , and pollutions of sins , that by it , through the merit of christ we are delivered as from sin , so from eternal death and condemnation , the reward of sin . this grace they will have to be applied by infusion , to the end , that as the body is warm by the heat which is in the body , so the soul might be righteous by inherent grace : which grace they make capable of increase ; as the body may be more and more warm , so the soul more and more justified , according as grace should be augmented ; the augmentation whereof is merited by good works , as good works are made meritorious by it . wherefore , the first receit of grace in their divinity , is , the first justification ; the increase thereof , the second justification . as grace may be increased by the merit of good works : so it may be diminished by the demerit of sins venial , it may be lost by mortal sin . in as much therefore as it is needful in the one case to repair , in the other to recover the loss which is made : the infusion of grace hath her sundry after-meals ; for the which cause , they make many ways to apply the infusion of grace . it is applyed to infants , through baptism , without either faith or works , and in them really it taketh away original sinne , and the punishment due unto it ; it is applied to infidels and wicked men in the first justification , through baptism without works , yet not without faith ; and it taketh away both sinnes actual and original together , with all whatsoever punishment , eternal or temporal , thereby deserved . unto such as have attained the first justification , that is to say , the first receit of grace , it is applied farther by good works to the increase of former grace , which is the second justification . if they work more and more , grace doth more increase , and they are more and more justified . to such as diminished it by venial sinnes , it is applied by holy-water . ave marie's , crossings , papal salutations , and such like , which serve for reparations of grace decayed . to such as have lost it through mortal sinne , it is applied by the sacrament ( as they term it ) of penance : which sacrament hath force to conferr grace anew , yet in such sort , that being so conferred , it hath not altogether so much power , as at the first . for it onely cleanseth out the stain or guilt of sinne committed ; and changeth the punishment eternal into a temporal satisfactory punishment here , if time doe serve ; if not , hereafter to be endured , except it be lightned by masses , works of charity , pilgrimages , fasts , and such like ; or else shortned by pardon for term , or by plenary pardon quite removed , and taken away . this is the mystery of the man of sinne . this maze the church of rome doth cause her followers to tread , when they ask her the way to justification . i cannot stand now to untip this building , and to si● it piece by piece ; onely i will passe by it in few words , that that may befall b●… in the presence of that which god hath builded , as hapned unto dagon before the ark. . doubtless , saith the apostle , i have counted all things loss , and judge them to be doing , that i may win christ ; and to be found in him , not having my own righteousness , but that which is through the faith of christ , the righteousness which is of god through faith. whether they speak of the first or second justification , they make it the essence of a divine quality inherent , they make it righteousnesse which is in us . if it be in us , then is it ours , as our souls are ours though we have them from god , and can hold them no longer than pleaseth him ; for if he withdraw the breath of our nostrils , we fall to dust : but the righteousness wherein we must be found , if we will be justified , is not our own , therefore we cannot be justified by any inherent quality . christ hath merited righteousness for as many as are found in him . in him god findeth us , if we be faithful , for by faith we are incorporated into christ. then , although in our selves we be altogether sinful and unrighteous , yet even the man which is impious in himself , full of iniquity , full of sin ; him being found in christ through faith , and having his sinne remitted through repentance ; him god upholdeth with a gracious eye , putteth away his sinne by not imputing it , taketh quite away the punishment due thereunto by pardoning it , and accepteth him in jesus christ , as perfectly righteous , as if he had fulfilled all that was commanded him in the law : shall i say more perfectly righteous than if himself had fulfilled the whole law ? i must take heed what i say : but the apostle saith , god made him to be sin for us who knew no sin : that we might be made the righteousness of god in him . such we are in the sight of god the father , as is the very son of god himself . let it be counted folly or frensie , or fury , whatsoever ; it is our comfort , and our wisdom ; we care for no knowledge in the world but this , that man hath sinned , and god hath suffered ; that god hath made himself the son of man , and that men are made the righteousness of god. you see therefore that the church of rome , in teaching justification by inherent grace , doth pervert the truth of christ , and that by the hands of the apostles we have received otherwise than she reacheth . now concerning the righteousness of sanctification , we deny it not to be inherent : we grant , that unless we work , we have it not : onely we distinguish it as a thing different in nature from the righteousness of justification : we are righteous the one way , by the faith of abraham ; the other way , except we do the works of abraham , we are not righteous . of the one st. paul , to him that worketh not , but believeth , faith is counted for righteousness . of the other , st. iohn , qui facit iustitiam , justus est ; he is righteous which worketh righteousnesse . of the one , st. paul doth prove by abrahams example , that we have it of faith without works . of the other , st. iames by abrahams example , that by works we have it , and not onely by faith. st. paul doth plainly sever these two parts of christian righteousness one from the other . for in the sixth to the romans thus he writeth , being freed from sin ; and made servants to god , ye have your fruit in holinesse , and the end everlasting life . ye are made free from sin , and made servants unto god ; this is the righteousness of iustification : ye have your fruit in holiness ; this is the righteousness of sanctification . by the one , we are interessed in the right of inheriting ; by the other we are brought to the actual possession of eternal bliss , and so the end of both is everlasting life . . the prophet habakh , doth here term the jews righteous men , not onely because being justified by faith they were free from sin : but also because they had their measure of fruits in holiness . according to whose example of charitable judgement , which leaveth it to god to discern what we are , and speaketh of them according to that which they do profess themselves to be , although they be not holy men , whom men do think , but whom god doth know indeed to be such : yet let every christian man know , that in christian equity , he standeth bound for to think and speak of his brethren , as of men that have a measure in the fruit of holinesse , and a right unto the titles , wherewith god , in token of special favour and mercy , vouchsafeth to honour his chosen servants . so we see the apostle of our saviour christ , do use every where the name of saints ; so the prophet the name of righteous , but let us all be such as we desire to be termed : reatus impii est pium nomen , saith , salvianus ; godly names do not justifie godless men . we are but upbraided , when we are honored with names and titles , whereunto our lives and manners are not suitable , if indeed we have our fruit in holiness , notwithstanding we must note , that the more we abound therein , the more need we have to crave that we may be strengthened and supported : our very vertues may be snares unto us . the enemy , that waiteth for all occasions to work our ruine , hath found it harder to overthrow an humble sinner , than a proud saint . there is no man's case so dangerous , as his whom sathan hath perswaded , that his own righteousness shall present him pure and blamelesse in the sight of god. if we could say , we were not guilty of any thing at all in our consciences ( we know our selves farr from this innocency ; we cannot say , we know nothing by our selves ; but if we could ) should we therefore plead not guilty before the presence of our judge , that sees further into our hearts than we our selves can do ? if our hands did never offer violence to our brethren , a bloody thought doth prove us murtherers before him : if we had never opened our mouth to utter any scandalous , offensive , or hurtful word , the cry of our secret cogitations is heard in the ears of god. if we did not commit the sins , which daily and hourly either in deed , word , or thoughts we do commit ; yet in the good things which we doe , how many defects are these intermingled ! god , in that which is done , respecteth the minde and intention of the doer . cutt off then all those things wherein we have regarded our own glory , those things which men do to please men , and to satisfie our own liking , those things which we do for any by-respect , not sincerely and purely for the love of god : and a small score will serve for the number of our righteous deeds . let the holiest and best things which we do be considered : we are never better affected unto god than when we pray ; yet when we pray , how are our affections many times distracted ! how little reverence do we shew unto the grand majesty of god , unto whom we speak ! how little remorse of our own miseries ! how little taste of the sweet influence of his tender mercies do we feel ! are we not as unwilling many times to begin , and as glad to make an ends ; as if in saying , call upon me , he had set us a very burthensome task ? it may seen somewhat extream , which i will speak ; therefore let every one judge of it , even as his own heart shall tell him , and no otherwise ; i will but onely make a demand : if god should yield unto us , not as unto abraham , if fifty , forty , thirty , twenty , yea , or if ten good persons could be found in a city , for their sakes that city should not be destroyed : but , and if he should make us an offer thus large ; search all the generations of men , sithence the fall of our father adam , finde one man , that hath done one action , which hath past from him pure , without any strain or blemish at all , and for that one man's onely action , neither man nor angel shall feel the torments which are prepared for both . do you think that this ransome , to deliver men and angels , could be found to be among the sons of men ? the best things which we do , have somewhat in them to be pardoned . how then can we do any thing meritorious , or worthy to be rewarded ? indeed , god doth liberally promise whatsoever appertaineth to a blessed life , to as many as sincerely keep his law , though they be not exactly able to keep it . wherefore we acknowledge a dutiful necessity of doing well , but the meritorious dignity of doing well , we utterly renounce . we see how farr we are from the perfect righteousness of the law , the little fruit which we have in holiness , it is , god knoweth , corrupt and unfound : we put no confidence at all in it , we challenge nothing in the world for it , we dare not call god to reckoning , as if we had him in our debt-books : our continual suit to him , is , and must be , to bear with our infirmities , and pardon our offences . . but the people of whom the prophet speaketh , were they all , or were the most part of them such as had care to walk uprightly ? did they thirst after righteousness ? did they with ? did they long with the righteous prophet ? oh that our ways were so direct , that we might keep thy statutes ? did they lament with the righteous apostle ? oh miserable men , the good which we wish and purpose , and strive to do , we cannot ? no , the words of the other prophet concerning this people , do shew the contrary . how grievously hath esay mourned over them ! o sinful nation , laden with iniquity , wicked se●d , corrupt children ! all which notwithstanding , so wide are the bowels of his compassion enlarged , that he denieth us not , no , not when we were laden with iniquity , leave to commune familiarly with him , liberty to crave and intreat , that what plagues soever we have deserved , we may not be in worse case than unbelievers , that we may not be hemmed in by pagans and infidels . ierusalem is a sinful polluted city : but ierusalem compared with babylon , is righteous and shall the righteous be over-born ? shall they be compass'd about by the wicked ? but the prophet doth not onely complain ; lord how commeth it to passe , that thou handlest us so hardly , of whom thy name is called , and bearest with the heathen-nations , that despise thee ? no , he breaketh out through extremity of grief , and inferreth violently : this proceeding is perverse , the righteous are thus handled ; therefore perverse judgment doth proceed . . which illation containeth many things , whereof it were better much both for you to hear , and me to speak , if necessity did not draw me to another task . paul and barnabas being requested to preach the same things again which once they had preached , thought it their duty to satisfie the godly desires of men , sincerely affected to the truth . nor may it seem burdenous for me , nor for you unprofitable , that i follow their example , the like occasion unto theirs being offered me . when we had last the epistle of st. paul to the hebrew ; in hand , and of that epistle these words : in these last dayes he hath spoken unto us by his son : after we had thence collected the nature of the visible church of christ ; and had defined it to be a community of men sanctified through the profession of the truth , which god hath taught the world by his son ; and had declared , that the scope of christian doctrine is the comfort of them whose hearts are over-charged with the burden of sinne ; and had proved that the doctrin professed in the church of rome , doth bereave men of comfort , both in their lives , and in their deaths : the conclusion in the end , whereunto we came , was this , the church of rome being in faith so corrupted , as she is , and refusing to be reformed , as she doth , we are to sever our selves from her ; the example of our fathers may not retain us in communion with that church , under hope that we so continuing , may be saved as well as they . god , i doubt no● , was merciful to save thousands of them , though they lived in popish superstitions , inasmuch as they sinned ignorantly : but the truth is now laid before our eys . the former part of this last sentence , namely , these words : i doubt not , but god was merciful to save thousands of our fathers living in popish superstitions , inasmuch as they seemed ignorantly : this sentence , i beseech you to mark , and to fist it with the severity of austere judgement , that if it be found to be gold , it may be suitable to the precious foundation whereon it was then laid , for i protest , that if it be hay or stubble , my own hand shall see fire on it . two questions have risen by this speech before alledged : the one , whether our fathers , infected with popish errours and superstitions , may be saved ? the other , whether their ignorance be a reasonable inducement to make us think they might ? we are then to examine , first , what possibility ; then , what probability there is , that god might be merciful unto so many of our fathers . . so many of our fathers living in popish superstitions , yet by the mercy of god be saved ? no ; this could not be : god hath spoken by his angel from heaven , unto his people concerning babylon ( by babylon we understand the church of rome ; ) go out of her my people , that ye be not partakers of her plagues . for answer whereunto ; first , i do not take the words to be meant onely of temporal plagues ; of the corporal death , sorrow , famine and fire , whereunto god in his wrath had condemned babylon ; and that to save his chosen people from these plagues , he saith , go out , with like intent , as in the gospel , speaking of ierusalem's desolations , he saith , let them that are in judea , flye unto the mountains , and them that are in the midst thereof depart one : or , as in the former times to lot , arise , take thy wife and thy daughters which are there , lest thou be destroyed in the punishment of the city : but forasmuch as here it is said , go out of babylon ; we doubt , their everlasting destruction , which are partakers therein , is either principally meant , or necessarily implyed in this sentence . how then was it possible for so many of our fathers to be saved , since they were so farr from departing out of babylon , that they took her for their mother , and in her bosome yielded up the ghost ? . first , for the plagues being threatned unto them that are partakers in the sins of babylon , we can define nothing concerning our fathers , our of this sentence : unless we shew what the sins of babylon be ; and what they be which are such partakers of them , that their everlasting plagues are inevitable . the sins which may be common both to them of the church of rome , and to others departed thence , must be severed from this question . he which saith , department of babylon , lest ye be partakers of her sons : sheweth plainly , that he meaneth such sins , as , except we separate ourselves , we have no power in the world to avoid ; such impieties , as by their law they have established , and whereunto all that are among them , either do indeed assent , or else are , by powerful means , forced in shew and appearance , to subject themselves . as for example , in the church of rome it is maintained . that the same credit and reverence that we give to the scriptures of god , ought also to be given to unwritten verities , that the pope is supream head ministerial over the universal church-militant ; that the bread in the eucharist is transubstantiated into christ ; that it is to be adored , and to be offered up unto god , as a sacrifice propitiatory for quick and dead ; that images are to be worshipped ; saints to be called upon as intercessors , and such like . now , because some heresies do concern things only believed , as , the transubstantiation of the sacramental elements in the eucharist ; some concern things which practised and put in ure , as , the adoration of the elements transubstantiated : we must note , that erroneously the practice of that is sometime received , whereof the doctrine , that teacheth it , is not heretically maintained . they are all partakers of the maintenance of heresies , who by word or deed allow them , knowing them , although not knowing them to be heresies ; as also they , and that most dangerously of all others , who knowing heresie to be heresie , do notwithstanding in worldly respects , make semblance of allowing that , which in heart and judgment they condemn : but heresie is heretically maintained , by such as obstinately hold it , after wholsome admonition . of the last sort , as of the next before , i make no doubt , but that their condemnation , without an actual repentance , is inevitable . lest any man therefore should think , that in speaking of our fathers , i should speak indifferently of them all : let my words i beseech you be well marked : i doubt not , but god was merciful to save them sands of our fathers : which thing , i will now , by god's assistance , set more plainly before your eyes . . many are partakers of the error , which are not of the heresie of the church of rome . the people , following the conduct of their guides , and observing as they did , exactly , that which was prescribed , thought they did god good service , when indeed they did dishonour him . this was their error : but the heresie of the church of rome , their dogmatical positions opposite unto christian truth , what one man amongst ten thousand , did ever understand ? of them , which understand roman heresies , and allow them , all are not a like partakers in the action of allowing . some allow them as the first founders and establishers of them : which crime toucheth none but their popes and councels ; the people are dear and free from this . of them which maintain popish heresies , not as authors , but receivers of them from others , all maintain them not as masters . in this are not the people partakers neither , but onely the predicants and schoolmen . of them which have been partakers in this sin of teaching popish heresie , there is also a difference ; for they have not all been teachers of all popish heresie . put a difference , saith s. iude , have compassion upon some . shall we lap up all in one condition ? shall we cast them all headlong ? shall we plunge them all into that infernal and everlasting flaming lake ? them that have been partakers of the errors of babylon , together with them which are in the heresie ? them which have been the authors of heresie , with them that by terror and violence have been forced to receive it ? them who have taught it , with them whose simplicity hath by slights and conveyances of false teachers , been seduced to believe it ? them which have been partakers in one , with them which have been partakers in many ? them which in many , with them which in all ? . notwithstanding i grant , that although the condemnation of them be more tolerable then of these : yet from the man that laboureth at the plough , to him that sitteth in the vatican ; to all partakers in the sins of babylon ; to our fathers , though they did but erroneously practise that which the guide heretically taught ; to all without exception , plagues were due . the pit is ordinarily the end , as well of the guide , as of the guided in blindness . but wo worth the hour wherein we were born , except we might promise our selves better things ; things which accompany mans salvation , even where we know that worse , and such as accompany condemnation are due . then must we shew some way how possibly they might escape . what way is there that sinners can find to escape the judgement of god , but only by appealing to the seat of his saving mercy ? which mercy , with origen , we do not extend to divels and damned spirits . god hath mercy upon thousands , but there be thousands also which he hardneth . christ hath therefore set the bounds , he hath fixed the limits of his saving mercy within the compass of these termes : god sent not his own son to condemn the world , but that the world through him might be saved . in the third of s. iohns gospel mercy is restrained to believers : i le that believeth shall not be condemned ; i le that believeth not , is condemned already , because he believeth not in the son of god. in the second of the revelation , mercy is restrained to the penitent . for of iezabel and her sectarics , thus he speakth : i gave her space to repent , and she repented not . behold , i will cast her into a bed , and them that commit fornication with her into great affliction , except they repent them of their works , and i will kill her children with death . our hope therefore of the fathers is , if they were not altogether faithless and impenitent , that they are saved . . they are not all faithless that are weak in assenting to the truth , or stiff in maintaining things opposite to the truth of christian doctrine . but as many as hold the foundation which is precious , though they hold it but weakly , and as it were with a slender thred , although they frame many base and unsuitable things upon it , things that cannot abide the tryal of the fire ; yet shall they pass the fiery tryal and be saved , which indeed have builded themselves upon the rock , which is the foundation of the church . if then our fathers did not hold the foundation of faith , there is no doubt but they were faithless . if many of them held it , then is therein no impediment , but many of them might be saved . then let us see what the foundation of faith is , and whether we may think that thousands of our fathers being in popish superstitions , did notwithstanding hold the foundation . . if the foundation of faith do import the general ground whereupon we rest when we do believe , the writings of the evangelists and the apostles are the foundation of the christian faith : credimus quia legimus , saith s. ierome : oh that the church of rome did as a soundly interpret these fundamental writings whereupon we build our faith , as she doth willingly hold and imbrace them . . but if the name of foundation do note the principal thing which is believed : then is that the foundation of our faith which st paul hath to timothy : b god manifested in the flesh , justified in the spirit , &c. that of nathaniel , c thou art the son of the living god : thou art the king of israel : that of the inhabitants of samaria , d this is christ the saviour of the world : he that directly denieth this , doth utterly raze the very foundation of our faith. i have proved heretofore , that although the church of rome hath plaid the harlot worse then ever did israel , yet are they not , as now the synagogue of the iews which plainly deny christ jesus , quite and clean excluded from the new covenant . but as samaria compared with ierusalem is termed aholath , a church or tabernacle of her own ; contrariwise , ierusalem aholibath , the resting place of the lord : so , whatsoever we term the church of rome , when we compare her with reformed churches , still we put a difference , as then between babylon and samaria , so now between rome and the heathenish assemblies : which opinion i must and will recall ; i must grant and will , that the church of rome together with all her children , is clean excluded . there is no difference in the world between our fathers and saracens , turks and painims , if they did directly deny christ crucified for the salvation of the world. . but how many millions of them were known so to have ended their lives , that the drawing of their breath hath ceased with the uttering of this faith , christ my saviour , my redeemer iesus ? answer is made , that this they might unfainedly confess , and yet be far enough from salvation . for behold , saith the apostle , i paul say unto you , that if ye be circumcised , christ shall profit you nothing . christ in the work of mans salvation is alone : the galathians were cast away by joyning circumcision and the other rites of the law with christ : the church of rome doth teach her children to joyn other things likewise with him ; therefore their saith , their belief doth not profit them any thing at all . it is true that they do indeed joyn other things with christ : but how : not in the work of redemption it self , which they grant , that christ alone hath performed sufficiently for the salvation of the whole world ; but in the application of this inestimable treasure , that it may be effectual to their salvation : how demurely soever they confess , that they seek remission of sins no otherwise then by the blood of christ , using humbly the means appointed by him to apply the benefit of his holy blood ; they teach indeed , so many things pernicious in christian faith , in setting down the means whereof they speak , that the very foundation of faith which they hold is thereby e plainly overthrown , and the force of the blood of jesus christ extinguished . we may therefore disputing with them , urge them even with as dangerous sequels , as the apostle doth the galatians . but i demand , if some of those galatians heartily embracing the gospel of christ , sincere and sound in faith ( this one only error excepted ) had ended their lives before they were ever taught how perillous an opinion they held ; shall we think that the danger of this error did so over-weigh the benefit of their faith , that the mercy of god might not save them ? i grant they overthrew the foundation of faith by consequent ; doth not that so likewise which the f lutheran churches do at this day so stifly and so firmly maintain ? for mine own part i dare not here deny the possibility of their salvation which have been the chiefest instruments of ours , albeit they carried to their grave a perswasion so greatly repugnant to the truth . forasmuch therefore as it may be said of the church of rome , she hath yet a little strength , she doth not directly deny the foundation of christianity : i may , i trust without offence , perswade my self that thousands of our fathers in former times living and dying within her walls , have found mercy at the hands of god. . what , although they repented not of their errors ? god forbid that i should open my mouth to gain-say that which christ himself hath spoken : except ye repent , ye shall all perish . and if they did not repent they perished . but withall note , that we have the benefit of a double repentance : the least sin which we commit in deed , thought , or word , is death without repentance . yet how many things do escape us in every of these , which we do not know ? how many , which we do not observe to be sins ? and without the knowledge , without the observation of sin , there is no actual repentance . it cannot then be chosen , but that for as many as hold the foundation , and have holden all sins and errors in hatred , the blessing of repentance for unknown sins and errors is obtained at the hands of god , through the gracious mediation of jesus christ , for such suiters as cry with the prophet david : purge me , o lord , from my secret sins . . but we wash a wall of lome , we labour in vain , all this is nothing ; it doth not prove ; it cannot justifie that which we go about to maintain . infidels and heathen men are not so godless , but that they may no doubt , cry god mercy , and desire in general to have their sins forgiven them . to such as deny the foundation of faith there can be no salvation ( according to the ordinary course which god doth use in saving men ) without a particular repentance of that error . the galathians thinking that unless they were circumcised , they could not be saved , overthrew the foundation of faith directly : therefore if any of them did die so perswaded , whether before or after they were told of their errors , their end is dreadful ; there is no way with them but one , death and condemnation . for the apostle speaketh nothing of men departed , but saith generally of all , if ye be circumcised , christ shall profit you nothing . ye are abolished from christ , whosoever are justified by the law ; ye are fallen from grace , gal. . of them in the church of rome the reason is the same . for whom antichrist hath seduced , concerning them did not s. paul speak long before , they received not the word of truth , that they might not be saved ? therefore god would send them strong delusions to beleeve lies , that all they might be damned which believe not the truth , but had pleasure in unrighteousness . and s. iohn , all that dwell upon the earth shall worship him , whose names are not written in the book of life , apoc. . indeed many in former times as their books and writings do yet shew , held the foundation , to wit , salvation by christ alone , and therefore might be saved . god hath always had a church amongst them , which firmly kept his saving truth . as for such as hold with the church of rome , that we cannot be saved by christ alone without works ; they do not only by a circle of consequence , but directly deny the foundation of faith ; they hold it not , no not so much as by a thred . . this to my remembrance , being all that hath been opposed with any countenance or shew of reason , i hope , if this be answered , the cause in question is at an end . concerning general repentance therefore : what ? a murtherer , a blasphemer , an unclean person , a turk , a iew , any sinner to escape the wrath of god by a general repentance , god forgive me ? truly , it never came within my heart , that a general repentance doth serve for all sins : it serveth only for the common over-sights of our sinful life , and for the faults which either we do not mark , or do not know that they are faults . our fathers were actually penitent for sins , wherein they knew they displeased god ; or else they fall not within the compass of my first speech . again , that otherwise they could not be saved , than holding the foundation of christian faith , we have not only affirmed , but proved . why is it not then confessed , that thousands of our fathers which lived in popish superstitions , might yet by the mercy of god be saved ? first , if they had directly denied the very foundations of christianity , without repenting them particularly of that sin , he which saith , there could be no salvation for them , according to the ordinary course which god doth use in saving men , granteth plainly , or at the least closely insinuateth , that an extraordinary priviledge of mercy might deliver their souls from hell , which is more then i required . secondly , if the foundation be denied , it is denied for fear of some heresie which the church of rome maintaineth . but how many were there amongst our fathers , who being seduced by the common error of that church , never knew the meaning of her heresies ? so that although all popish hereticks did perish ; thousands of them which lived in popish superstitions might be saved . thirdly , seeing all that held popish heresies , did not hold all the heresies of the pope : why might not thousands which were infected with other leaven , live and die unsowred with this , and so be saved ? fourthly , if they all held this heresie , many there were that held it , no doubt ; but onely in a general form of words , which a favourable interpretation might expound in a sense differing far enough from the poysoned conceit of heresie . as for example ; did they hold , that we cannot be saved by christ without good works ? we our selves do , i think , all say as much , with this construction , salvation being taken as in that sentence , corde creditur ad justitiam , ore fit confessio ad salutem , except infants and men , cut off upon the point of their conversion ; of the rest none shall see god , but such as seek peace and holiness , though not as a cause of their salvation , yet as a way which they must walk which will be saved . did they hold , that without works we are not justified ? take justification so as it may also imply sanctification , and st. iames doth say as much . for except there be an ambiguity in the same term , st. paul and st. iames do contradict each the other : which cannot be . now there is no ambiguity in the name either of faith , or of works , being meant by them both in one and the same sense . finding therefore , that justification is spoken of by st paul , without implying sanctification , when he proveth that a man is justified by faith without works ; finding likewise that justification doth sometime imply sanctification also with it : i suppose nothing to be more sound , then so to interpret st iames , speaking not in that sense , but in this . . we have already shewed , that there be two kinds of christian righteousness : the one without us , which we have by imputation ; the other in us which consisteth of faith , hope , and charity , and other christian vertues : and s. iames doth prove that abraham had not onely the one , because the thing believed was imputed unto him for righteousness ; but also the other , because he offered up his son. god giveth us both the one justice and the other ; the one by accepting us for righteous in christ , the other by working christian righteousness in us . the proper and most immediate efficient cause in us of this latter is the spirit of adoption we have received into our hearts . that whereof it consisteth , whereof it is really and formally made , are those infused vertues , proper and peculiar unto saints , which the spirit in the very moment when first it is given of god bringeth with it : the effects whereof are such actions as the apostle doth call the fruits of works , the operation of the spirit : the difference of the which operations from the root whereof they spring , maketh it needful to put two kinds likewise of sanctifying righteousness , habitual , and actual . habitual , that holiness , wherewith our souls are inwardly indued , the same instant , when first we begin to be the temples of the holy ghost . actual , that holiness , which afterwards beautifieth all the parts and actions of our life , the holiness for which enoch , iob , zachary , elizabeth , and other saints , are in the scriptures so highly commended . if here i● he demanded , which of these we do first receive : i answer , that the spirit , the vertue of the spirit , the habitual justice , which is ingrafted , the external justice of jesus christ , which is imputed ; these we receive all at one and the same time ; whensoever we have any of these , we have all , they go together : yet sith , no man is justified except he believe , and no man believeth except he hath faith , and no man except he hath received the spirit of adoption , hath faith : forasmuch as they do necessarily infer justification , and justification doth of necessity presuppose them : we must needs hold that imputed righteousness , in dignity being the chiefest , is notwithstanding in order to the last of all these ? but actual righteousness , which is the righteousness of good works succeedeth all , followeth after all , both in order and time . which being attentivly marked , sheweth plainly how the faith of true believers cannot be divorced from hope and love● how faith is a part of sanctification , and yet unto justification necessary ; how faith is perfected by good works , and not works of ours without faith : finally , how our fathers might hold , that we are justified by faith alone , and yet hold truly that without works we are not justified . did they think that men do merit rewards in heaven , by the works they perform on earth ? the ancients use meriting for obtaining , and in that sense they of wittenberg have it in their confession ; we teach that good works commanded of god , are necessarily to be done , and by the free kindness of god they merit their certain rewards . therefore speaking as our fathers did , and we taking their speech , in a ●ound meaning , as we may take our fathers , and might for as much as their meaning is doubtful , and charity doth always interpret doubtful things favourably : what should induce as to think that rather the damage of the worst construction did light upon them all , then that the blessing of the better was granted unto thousands ? fiftly , if in the worst construction that may be made , they had generally all imbraced it living , might not many of them dying utterly renounce it ? howsoever men when they sit at ease , do vainly tickle their hearts with the vain conceit of i know not what proportionable correspondence , between their merits and their rewards , which in the trance of their high speculations they dream that god hath measured , weighed , and laid up , as it were in bundles for them : notwithstanding , we see by daily experience , in a number even of them , that when the hour of death approacheth , when they secretly hear themselves summoned forthwith to appear , and stand at the bar of that judge , whose brightness causeth the eyes of the angels themselves to dazel , all these idle imaginations do then begin to hide their faces ; to name merits then , is to lay their souls upon the rack , the memory of their own deeds is lothsome unto them , they forsake all things , wherein they have put any trust or confidence ; no staff to lean upon , no ease , no rest , no comfort then , but onely in jesus christ. . wherefore if this proposition were true : to hold in such wise , as the church of rome doth , that we cannot be saved by christ alone without works , is directly to deny the foundation of faith ; i say , that if this proposition were true : nevertheless so many ways i have shewed , whereby we may hope that thousands of our fathers which lived in popish superstition , might be saved . but what if it be not true ? what if neither that of the galathians , concerning circumcision ; nor this of the church of rome by workes be any direct denial of the foundation as it is affirmed , that both are ? i need not wade so far as to discuss this controversie , the matter which first was brought into question being so clear , as i hope it is . howbeit because i desire , that the truth even in that also should receive light , i will do mine indeavour to set down somewhat more plainly ; first , the foundation of faith , what it is : secondly , what is directly to deny the foundation : thirdly whether they whom god hath chosen to be heirs of life , may fall so far as directly to deny it : fourthly , whether the galathians did so by admitting the error about circumcision and the law ; last of all , whether the church of rome for this one opinion of works , may be thought to do the like , and thereupon to be no more a christian church , than are the assemblies of turks and jews . . this word foundation being figuratively used , hath always reference to somewhat which resembleth a material building , as both that doctrine of laws and the community of christians do . by the masters of civil policy nothing is so much inculcated , as that commonweals are founded upon laws ; for that a multitude cannot be compacted into one body otherwise then by a common acception of laws , whereby they are to be kept in order , the ground of all civil laws is this : no man ought to be hurt or injured by another : take away this perswasion , and yet take away all the laws : take away laws , and what shall become of common-weals ? so it is in our spiritual christian community : i do not mean that body mystical , whereof christ is onely the head , that building undiscernable by mortal eyes , wherein christ is the chief corner stone : but i speak of the visible church ; the foundation whereof is the doctrine which the prophets and the apostles profest . the mark whereunto their doctrine tendeth , is pointed at in these words of peter unto christ. thou hast the words of eternal life : in those words of paul to timothy , the holy scriptures are able to wake thee wise unto salvation . it is the demand of nature it self , what shall we do to have eternal life ? the desire of immortality and the knowledge of that , whereby it may be obtained , is so natural unto all men , that even they who are not perswaded , that they shall , do notwithstanding wish , that they might know a way how to see no end of life . and because natural means are not able still to resist the force of death : there is no people in the earth so savage , which hath not devised some supernatural help or other , to fly for aid and succour in extremities , against the enemies of the laws . a longing therefore to be saved , without understanding the true way how , hath been the cause of all the superstitions in the world. o that the miserable state of others , which wander in darkness , and wot not whither they go , could give us understanding hearts , worthily to esteem the riches of the mercy of god towards us , before whose eys the doors of the kingdom of heaven are set wide open● should we offer violence unto it ? it offereth violence unto us , and we gather strength to withstand it . but i am besides my purpose , when i fall to bewail the cold affection which we bear towards that whereby we should be saved ; my purpose being only to set down , what the ground of salvation is . the doctrine of the gospel proposeth salvation as the end : and doth it not teach the way of attaining thereunto ? yet the damosel possest with a spirit of divination , spake the truth : these men are the servants of the most high god , which shew unto us the way of salvation : a new and living way which christ hath prepared for us , through the vail , that is , his flesh ; salvation purchased by the death of christ. by this foundation the children of god before the written law were distinguished from the sons of men ; the reverend patriarks both possest it living , and spake expresly of it at the hour of their death . it comforted iob in the midst of grief : as it was afterwards the anker-hold of all the righteous in israel , from the writing of the law , to the time of grace . every prophet making mention of it . it was famously spoken of about the time , when the comming of christ to accomplish the promises , which were made long before it , drew near , that the sound thereof was heard even amongst the gentiles . when he was come , as many as were his , acknowledged that he was their salvation ; he , that long expected hope of israel ; he , that seed , in whom all the nations of the earth shall be blessed . so that now he is a name of ruine , a name of death and condemnation , unto such as dream of a new messias , to as many as look for salvation by any other but by him . for amongst men there is given no other name under heaven whereby we must be saved . thus much s. mark doth intimate by that , which he doth put in the front of this book , making his entrance with these words : the beginning of the gospel of iesus christ , the son of god. his doctrine he termeth the gospel , because it teacheth salvation ; the gospel of jesus christ the son of god , because it teacheth salvation by him . this is then the foundation , whereupon the frame of the gospel is erected ; that very jesus whom the virgin conceived of the holy ghost , whom simeon imbraced in his arms , whom pilat condemned , whom the iews crucified , whom the apostles preached , he is christ , the lord , the onely saviour of the world : other foundation can no man lay . thus i have briefly opened that principle in christianity , which we call the foundation of our faith . it followeth now that i declare unto you , what is directly to overthrow it . this will be better opened , if we understand , what it is to hold the foundation of faith. . there are which defend , that many of the gentiles , who never heard the name of christ , held the foundation of christianity , and why ? they acknowledged many of them , the providence of god , his infinite wisedom , strength , power ; his goodness , and his mercy towards the children of men ; that god hath judgment in store for the wicked , but for the righteous , which serve him , rewards , &c. in this which they confessed , that lyeth covered which we believe ; in the rudiments of their knowledge concerning god , the foundation of our faith concerning christ , lyeth secretly wrapt up , and is vertually contained : therefore they held the foundation of faith , though they never had it . might we not with as good a colour of reason defend , that every plowman hath all the sciences , wherein philosophers have excelled ? for no man is ignorant of their first principles , which do vertually contain , whatsoever by natural means is or can be known . yea , might we not with as great reason affirm , that a man may put three mighty oaks wheresoever three akoms may be put ? for vertually an akom is an oak . to avoid such paradoxes , we teach plainly , that , to hold the foundation , is , in express terms to acknowledg it . . now , because the foundation is an affirmative proposition , they all overthrow it , who deny it ; they directly overthrow it , who deny it directly ; and they overthrow it by consequent , or indirectly , which hold any one assertion whatsoever , whereupon the direct denial thereof may be necessarily concluded , what is the question between the gentiles and us , but this , whether salvation be by christ ? what between the iews and us , but this , whether by this iesus , whom we call christ , yea or no ? this is to be the main point whereupon christianity standeth , it is clear by that one sentence of festus concerning pauls accusers : they brought no crime of such things as i supposed , but had certain questions against him of their superstition , and of one iesus , which was dead , whom paul affirmed to be alive . where we see that jesus , dead and raised for the salvation of the world , is by iesus denied , despised by a gentile , by a christian apostle maintained . the fathers therefore in the primitive church when they wrote ; tertullian , the book which he called apologeticus ; minutius faelix , the book which he intitleth octavius , arnobius ; the seventh books against the gentiles ; chrysostom , his orations against the jews ; eusebius , his ten books of evangelical demonstration : they stand in defence of christianity against them , by whom the foundation thereof was directly denied . but the writings of the fathers against novatians , pelagians , and other hereticks of the like note , refel positions , whereby the foundation of christian faith was overthrown by consequent onely . in the former sort of writings the foundation is proved ; in the latter , it is alledged as a proof , which to men that had been known directly to deny , must needs have seemed a very beggerly kind of disputing . all infidels therefore deny the foundation of faith directly ; by consequent , many a christian man , yea whole christian churches have denied it , and do deny it at this present day . christian churches , the foundation of christianity : not directly , for then they cease to be christian churches ; but by consequent , in respect whereof we condemn them as erroneous , although for holding the foundation we do and must hold them christians . . we see what it is to hold the foundation ; what directly , and what by consequent to deny it . the next thing which followeth , is , whether they whom god hath chosen to obtain the glory of our lord jesus christ , may once effectually called , and through faith justified truly , afterwards fall so far , as directly to deny the foundation , which their hearts have before imbraced with joy and comfort in the holy ghost ; for such is the faith , which indeed doth justifie . devils know the same things which we believe , and the minds of the most ungodly may be fully perswaded of the truth ; which knowledge in the one , and in the other , is sometimes termed faith , but equivocally , being indeed no such faith as that , whereby a christian man is justified . it is the spirit of adoption , which worketh faith in us , in them not : the things which we believe , are by us apprehended , not onely as true , but also as good and that to us : as good , they are not by them apprehended ; as true , they are . whereupon followeth the third difference ; the christian man the more he encreaseth in faith , the more his joy and comfort aboundeth : but they , the more sure they are of the truth , the more they quake and tremble at it . this begetteth another effect , where the hearts of the one sort have a different disposition from the other . non ignoro plerosque conscientia meritorum , nihil se esse per mortem magis optare quam credere , malunt cuim extingui penitus , quam ad supplicia reparari . i am not ignorant , saith minutius , that there be many , who being conscious what they are to look for , do rather wish that they might , then think that they shall cease , when they cease to live ; because they hold it better that death should consume them unto nothing , then god revive them unto punishment . so it is in other articles of faith , whereof wicked men think , no doubt , many times they are too true : on the contrary side , to the other , there is no grief or torment greater , then to feel their perswasion weak in things● whereof when they are perswaded , they reap such comfort and joy of spirit : such is the faith whereby we are justified ; such , i mean , in respect of the quality . for touching the principal object of faith , longer then it holdeth the foundation whereof we have spoken , it neither justifieth , nor is , but ceaseth to be faith ; when it ceaseth to believe , that jesus christ is the onely saviour of the world. the cause of life spiritual in us , is christ , not carnally or corporally inhabiting , but dwelling in the soul of man , as a thing which ( when the minde apprehendeth it ) is said to inhabite or possess the minde . the minde conceiveth christ by hearing the doctrine of christianity , as the light of nature doth the minde to apprehend those truths which are meerly rational , so that saving truth , which is far above the reach of humane reason , cannot otherwise , then by the spirit of the almighty , be conceived , all these are implied , wheresoever any of them is mentioned as the cause of the spiritual life . wherefore if we have read , that a the spirit is our life ; or , b the word our life ; or , c christ our life : we are in very of these to understand , that our life is christ , by the hearing of the gospel , apprehended as a saviour , and assented unto through the power of the holy ghost . the first intellectual conceit and comprehension of christ so imbraced , st. peter calleth the seed whereof we be new born : our first imbracing of christ , is our first reviving from the state of death and condemation . he that hath the son , hath life , saith st. iohn , and he that hath not the son of god hath not life . if therefore he which once hath the son , may cease to have the son , though it be for a moment , he ceaseth for that moment to have life . but the life of them which have the son of god , is everlasting in the world to come . but because as christ being raised from the dead dyed no more , death hath no more power over him : so justified man , being allied to god in jesus christ our lord , doth as necessarily from that time forward always live , as christ , by whom he hath life , liyeth always , i might , if i had not otherwhere largely done it already , shew by many and sundry manifest and clear proofs , how the motions and operations of life are sometime so indiscernable , and so secret , that they seem stone-dead , who notwithstanding are still alive unto god in christ. for as long as that abideth in us , which animateth , quickneth , and giveth life , so long we live , and we know , that the cause of our faith abideth in us for ever . i. christ the fountain of life , may flit and leave the habitation , where once he dwelleth what shall become of his promise , i am with you to the worlds end ? if the seed of god , which containeth christ , may be first conceived , and then cast out : how doth s. peter term it immortal ? how doth st. iohn affirm , it abideth ? if the spirit , which is given to cherish , and preserve the seed of life , may be given and taken away , how is it the earnest of our inheritance until redemption ? how doth it continue with us for ever ? if therefore the man which is once just by faith , shall live by faith , and live for ever , it followeth , that he which once doth believe the foundation , must needs believe the foundation forever . if he believe it for ever , how can he ever directly deny it ? faith holding the direct affirmation ; the direct negation , so long as faith continueth , is excluded . object . but you will say , that as he that is to day holy , may to morrow forsake his holiness , and become impure , as a friend may change his minde , and be made an enemy ; as hope may wither : so saith may dye in the heart of man , the spirit may be quenched , grace may be extinguished , they which believe may be quite turned away from the truth , sol. the case is clear , long experience hath made this manifest , it needs no proof . i grant we are apt , prone , and ready to forsake god ; but is god as ready to forsake us ? our mindes are changeable ; is his so likewise ? whom god hath justified hath not christ assured , that it is his fathers will to give them a kingdom ? notwithstanding , it shall not be otherwise given them , than if they continue grounded and stablished in the faith , and be not moved away from the hope of the gospel ; if they abide in love and holiness . our saviour therefore , when he spake of the sheep effectually called , and truly gathered into his fold , i give unto-them eternal life , and they shall never perish , neither shall any pluck them out of my hands ; in promising to save them , he promised , no doubt , to preserve them in that , without which there can be no salvation , as also from that whereby it is irrecoverably lost . every errour in things appertaining unto god , is repugnant unto faith ; every fearful cogitation , unto hope ; unto love , every stragling inordinate desire ; unto holiness , every blemish wherewith either the inward thoughts of our mindes , or the outward actions of our lives are stained . but heresie , such as that of ebion , gerinthus , and others , against whom the apostles were forced to bend themselves , both by word , and also by writing ; that repining discouragement of heart , which tempteth god , whereof we have israel in the desart for a pattern ; coldness , such as that in the angels of ephesus ; soul sins , known to be expresly against the first , or second table of the law , such as noah , monasses , david , solomon , and peter committed : these are each in their kind so opposite to the former vertues , that they leave no place for salvation without an actual repentance . but infidelity , extream despair , hatred of god and all goodness , obduration in sin cannot stand where there is but the least spark of faith , hope , love and sanctity , even as cold in the lowest degree cannot be , where heat in the highest degree is found . whereupon i conclude , that although in the first kind , no man liveth , which sinneth not ; and in the second , as perfect as any do live , may sinne : yet sith the man which is born of god , hath a promise , that in him the seed of god shall abide ; which seed is a sure preservative against the sinnes that are of the third suit : greater and clearer assurance we cannot have of any thing , than of this , that from such sinnes god shall preserve the righteous , as the apple of his eye for ever . directly to deny the foundation of faith , is plain infidelity ; where faith is entred , there infidelity is for ever excluded : therefore by him which hath once sincerely believed in christ , the foundation of christian faith can never be directly denied ? did not peter ? did not marcellinus ? did not others both directly deny christ , after that they had believed ; and again believe , after they had denied ? no doubt , as they confesse in words , whose condemnation is nevertheless their not believing : ( for example we have iudas : ) so likewisewise , they may believe in heart , whose condemnation , without repentance , is their not confessing . although therefore , peter and the rest , for whose faith christ hath prayed , that it might not fail , did not by denial , sinne the sinne of infidelity , which is an inward abnegation of christ ; ( for if they had done this , their faith had clearly failed : ) yet , because they sinned notoriously and grievously , committing that which they knew to be expresly forbidden by the law , which saith , thou shalt worship the lord thy god , and him onely shalt thou serve , necessary it was , that he which purposed to save their souls , should , as he did touch their hearts with true unfeigned repentance , that his mercy might restore them again to life , whom sinne had made the children of death and condemnation . touching the point therefore , i hope i may safely set down , that if the justified erre , as he may , and never come to understand his errour , god doth save him through general repentance : but if he fall into heresie , he calleth him at one time or other by actual repentance ; but from infidelity , which is an inward direct denial of the foundation , he preserveth him by special providence for ever . whereby we may easily know , what to think of those galatians , whose hearts were so possest with the love of the truth , that , if it had been possible , they would have pluckt out their eyes to bestow upon their teachers . it is true , that they were greatly * changed , both in perswasion and affection : so that the galatians , when saint paul wrote unto them , were not now the galatians which they had been in former time , for that through errour they wandred , although they were his sheep , i do not deny , but that i should deny , that they were his sheep , if i should grant , that through errour they perished . it was a perilous opinion that they held , perilous even in them that held it only as an errour , because it overthroweth the foundation by consequent . but in them which obstinately maintain it , i cannot think it less than a damnable heresie . we must therefore put a difference between them which erre of ignorance , retaining neverthelesse a mind desirous to be instructed in truth , and them , which after the truth is laid open , persist in the stubborn defence of their blindness . heretical defenders , froward and stiff-necked teachers of circumcision , the blessed apostle calls doggs : silly men , who were seduced to think they taught the truth , he pitieth , he taketh up in his arms , he lovingly imbraceth , he kisseth , and with more than fatherly tenderness doth so temper , qualifie , and correct the speech he useth towards them , that a man cannot easily discern , whether did most abound , the love which he bare to to their godly affection , or the grief which the danger of their opinion bred him . their opinion was dangerous ; was not theirs also , who thought the kingdome of christ should be earthly ? was not theirs , which thought the gospel onely should be preached to the jewes ? what more opposite to prophetical doctrine , concerning the comming of christ , than the one ? concerning the catholick church , than the other ? yet they which had these fancies , even when they had them , were not the worst men in the world. the heresie of free-will was a milstone about the pelagians neck ; shall we therefore give sentence of death inevitable against all those fathers in the greek church , which being mis-perswaded , dyed in the errour of free-will ? of these galatians therefore , which first were justified , and then deceived , as i can see no cause , why as many as dyed before admonition , might not by mercy be received , even in errour ; so i make no doubt , but as many as lived till they were admonished , found the mercy of god effectual in converting them from their a errour , lest any one that is christ's should perish . of this i take it , there is no controversie : only against the salvation of them that dyed , though before admonition , yet in errour , it is objected ; that their opinion was a very plain direct denial of the foundation . if paul and barnabas had been so perswaded , they would haply have used the terms otherwise , speaking of the masters themselves , who did first set that errour abroach , b certain of the sect of the pharisees which believed . what difference was there between these pharisees , and other pharisees , from whom , by a special description they are distinguished , but this ? these which came to antioch , teaching the necessity of circumcision , were christians ; the other , enemies of christianity . why then should these be tenned so distinctly believers , if they did directly deny the foundation of our belief ; besides which , there was no other thing , that made the rest to be no believers ? we need go no farther than saint paul's very reasoning against them , for proof of this matter ; seeing you know god , or rather are known of god ? how turn you again to impotent rudiments ? the c law engendreth servants , her children are in bondage : d they which are begotten by the gospel , are free . e brethren , we are not children of the servant , but of the free-woman , and will ye yet be under the law ? that they thought it unto salvation necessary , for the church of christ to f observe dayes , and months , and times , and years , to keep the ceremonies and sacraments of the law , this was their errour . yet he which condemneth their errour , confesseth , that , notwithstanding , they knew god , and were known of him ; he taketh not the honour from them to be termed sonnes , begotten of the immortal seed of the gospel . let the heaviest words which he useth , be weighed ; consider the drift of those dreadful conclusions : if ye be circumcised , christ shall profit you nothing : as many as are justified by the law , are fallen from grace . it had been to no purpose in the world so to urge them , had not the apostle been perswaded , that at the hearing of such sequels , no benefit by christ , a defection from grace , their hearts would tremble and quake within them : and why ? because that they knew , that in christ , and in grace , their salvation lay , which is a plain direct acknowledgement of the foundation . lest i should herein seem to hold that which no one learned or godly hath done , let these words be considered , which import as much as i affirm . surely those brethren , which in saint pauls time , thought that god did lay a necessity upon them to make choyse of dayes and meats , spake as they believed , and could not but in words condemn the liberty , which they supposed to be brought in against the authority of divine scripture . otherwise it had been needlesse for saint paul to admonish them , not to condemn such as eat without scrupulosity , whatsoever was set before them . this errour , if you weigh what it is of it self , did at once overthrow all scriptures , whereby we are taught salvation by faith in christ , all that ever the prophets did soretell , all that ever the apostles did preach of christ , it drew with it the denial of christ utterly : insomuch , that saint paul complaineth , that his labour was lost upon the galatians , unto whom this errour was obtruded , affirming , that christ , if so be they were circumcised , should not profit them any thing at all . yet so farr was saint paul from striking their names out of christ's book , that he commandeth others to entertain them , to accept with singular humanity , to use them like brethren : he knew man's imbecillity , he had a feeling of our blindnesse which are mortal men , how great it is , and being sure that they are the sonnes of god whosoever be endued with his fear , would not have them counted enemies of that whereunto they could not as yet frame themselves to be friends , but did ever upon a very religious affection to the truth , willingly reject the truth . they acknowledged christ to be their onely and perfect saviour , but saw not how repugnant their believing the necessity of mosaical ceremonies was to their faith in jesus christ. hereupon a reply is made , that if they had not directly denied the foundation , they might have been saved ; but saved they could not be , therefore their opinion was , not onely by consequent , but directly ; a denial of the foundation . when the question was about the possibility of their salvation , their denying of the foundation was brought to prove , that they could not be saved : now , that the question is about their denial of the foundation , the impossibility of their salvation is alledged to prove , they denied the foundation . is there nothing which excludeth men from salvation , but onely the foundation of faith denied ? i should have thought , that , besides this , many other things are death unto as many as understanding that to cleave thereunto , was to fall from christ , did notwithstanding cleave unto them . but of this enough . wherefore i come to the last question , whether that the doctrin of the church of rome , concerning the necessity of works unto salvation , be a direct denial of our faith ? . i seek not to obtrude unto you any private opinion of mine own ; the best learned in our profession , are of this judgement , that all the corruptions of the church of rome , do not prove her to deny the foundation directly ; if they did , they should grant her simply to be no christian church . but , i supopose , saith one , that in the papacy some church remaineth , a church crazed , or , if you will , broken quite in pieces , forlorn , mishapen , yet some church : his reason is this , antichrist must sit in the temple of god. lest any man should think such sentences as these to be true , onely in regard of them whom that church is supposed to have kept by the special providence of god , as it were , in the secret corners of his bosome , free from infection , and as sound in the faith , as we trust , by his mercy , we our selves are ; i permit it to your wise considerations , whether it be more likely , that as frenzy , though it take away the use of reason , doth notwithstanding prove them reasonable creatures which have it , because none can be frantick but they : so antichristianity being the bane and plain overthrow of christianity , may neverthelesse argue , the church where antichrist sitteth , to be christian , neither have i ever hitherto heard or read any one word alledged of force to warrant , that god doth otherwise , than so as in the two next questions before hath been declared , binde himself to keep his elect from worshipping the beast , and from receiving his mark in their foreheads : but he hath preserved , and will preserve them from receiving any deadly wound at the hands of the man of sinne , whose deceit hath prevailed over none unto death , but onely unto such as never loved the truth , such as took pleasure in unrighteousnesse : they in all ages , whose hearts have delighted in the principal truth , and whose souls have thirsted after righteousness , if they received the mark of errour , the mercy of god , even erring , and dangerously erring , might save them ; if they received the mark of heresie , the same mercy did , i doubt not , convert them . how farr romish heresies may prevail over god's elect , how many god hath kept falling into them , how many have been converted from them , is not the question now in hand : for if heaven had not received any one of that coat for these thousand years , it may still be true , that the doctrine which this day they do professe , doth not directly deny the foundation , and so prove them simply to be no christian church . one i have alleadged , whose words , in my ears , sound that way : shall i adde another , whose speech is plain ? i deny her not the name of a church , saith another , no more than to a man the name of a man , as long as he liveth , what sicknesse soever he hath . his reason is this , salvation is iesus christ , which is the mark which joyneth the head with the body , iesus christ with the church , is so cut off by many merits , by the merits of saints , by the popes pardons , and such other wickednesse , that the life of the church boldeth by a very thred , yet still the life of the church holdeth . a third hath these words , i acknowledge the church of rome , even at this present day , for a church of christ , such a church as israel did jeroboam yet a church . his reason is this , every man seeth , except he willingly hoodwink himself , that as alwayes , so now , the church of rome holdeth firmly and stedfastly the doctrine of truth concerning christ ; and baptizeth in the name of the father , the son , and the holy ghost ; confesseth and avoucheth christ for the onely redeemer of the world , and the iudge that shall sit upon quick and dead , receiving true believers into endless joy , faithless and godless men being cast with satan and his angels into flames unquenchable . . i may , and will , rein the question shorter than they doe . let the pope take down his top , and captivate no more mens souls by his papal jurisdiction ; let him no longer count himself lord paramount over the princes of the world , no longer hold kings as his servants paravaile ; let his stately senate submit their necks to the yoke of christ , and cease to die their garments , like edom , in blood ; let them from the highest to the lowest , hate and forsake their idolatry , abjure all their errours and heresies , wherewith they have any way perverted the truth ; let them strip their churches , till they leave no polluted ragg , but onely this one about her , by christ alone , without works we cannot be saved : it is enough for me , if i shew , that the holding of this one thing , doth not prove the foundation of faith directly denied in the church of rome . . works are an addition : be it so , what then ? the foundation is not subverted by every kinde of addition : simply to adde unto those fundamental words , is not to mingle wine with water , heaven and earth , things polluted with the sanctified blood of christ : of which crime , indict them which attribute those operations in whole or in part to any creature , which in the work of our salvation wholly are peculiar unto christ ; and if i open my mouth to speak in their defence , if i hold my peace , and plead not against them as long as breath is within my body , let me be guilty of all the dishonor that ever hath been done to the son of god. but the more dreadful a thing it is to deny salvation by christ alone , the more slow and fearful i am , except it be too manifest , to lay a thing so grievous to any man's charge . let us beware , lest if we make too many ways of denying christ , we scarce leave any way for our selves truly and soundly to confess him . salvation only by christ is the true foundation whereupon indeed christianity standeth . but what if i say , you cannot besaved only by christ , without this addition , christ believed in heart , confessed with mouth , obeyed in life and conversation ? because i adde , do i therefore deny that which i did directly affirm ? there may be an additament of explication , which overthroweth not , but proveth and concludeth the proposition , whereunto it is annexed . he which saith , peter was a chief apostle , doth prove that peter was an apostle : he which saith , our salvation is of the lord , through sanctification of the spirit , and faith of the truth , proveth that our savation is of the lord. but if that which is added be such a privation as taketh away the very essence of that whereunto it is added , then by the sequel it overthroweth it . he which saith , iudas is a dead man , though in word he granteth iudas to be a man , yet in effect he proveth him by that very speech no man , because death depriveth him of being . in like sort , he that should say , our election is of grace for our works sake , should grant in sound of words ; but indeed by consequent deny that our election is of grace ; for the grace which electeth us , is no grace , if it elect us for our works sake . . now whereas the church of rome addeth works , we must note further , that the adding of * works is not like the adding of circumcision unto christ , christ came not to abrogate and put away good works : he did , to change circumcision , for we see that in place thereof , he hath substituted holy baptism . to say , ye cannot be saved by christ , except ye be circumcised , is to adde a thing excluded , a thing not only not necessary to be kept , but necessary not to be kept by them that will be saved . on the other side , to say , ye cannot be saved by christ without works , is to add things , not only not excluded , but commanded , as being in their place , and in their kinde necessary , and therefore subordinated unto christ , by christ himself , by whom the web of salvation is spun : a except your righteousness exceed the righteousness of the stribes and pharisees , ye shall not enter into the kingdom of heaven . they were b rigorous exacters of things not utterly to be neglected , and left undone , washing and tything , &c. as they were in these , so must we be in judgement and the love of god. christ , in works ceremonial giveth more liberty , in c moral much less , than they did . works of righteousness therefore are added in the one proposition ; as in the other , circumcision is . . but we say , our salvation is by christ alone ; therefore howsoever , or whatsoever we adde unto christ in the matter of salvation , we overthrow christ. our case were very hard , if this argument , so universally meant as it is proposed , were sound and good . we our selves do not teach christ alone , excluding our own faith , unto justification ; christ alone , excluding our own works , unto sanctification ; christ alone , excluding the one or the other unnecessary unto salvation . it is a childish cavil wherewith in the matter of justification , our adversaries do so greatly please themselves , exclaiming , that we tread all christian vertues under our feet , and require nothing in christians but faith , because we teach that faith alone justifieth : whereas by this speech we never meant to excluded either hope or charity from being always joyned as inseparable mates with faith in the man that is justified ; or works from being added as necessary duties , required at the hands of every justified man : but to shew that faith is the onely hand which putteth on christ unto justification ; and christ the onely garment , which , being so put on , covereth the shame of our defiled natures , hideth the imperfection of our works , preserveth us blameless in the sight of god , before whom otherwise , the weaknesse of our faith were cause sufficent to make us culpable , yea , to shut us from the kingdom of heaven , where nothing that is not absolute can enter . that our dealing with them he not as childish as theirs with us : when we hear of salvation by christ alone , considering that [ alone ] as an exclusive particle , we are to note what it doth exclude , and where . if i say , such a iudge onely ought to determine such a case , all things incident to the determination thereof , besides the person of the judge , as laws , depositions , evidences , &c. are not hereby excluded ; persons are not excluded from witnessing herein , or assisting , but onely from determining and giving sentence . how then is our salvation wrought by christ alone : is it our meaning , that nothing is requisite to man's salvation but christ to save , and he to be saved quietly without any more adoe ? no , we acknowledge no such foundation . as we have received , so we teach , that besides the bare and naked work , wherein christ without any other associate , finished all the parts of our redemption , and purchased salvation himself alone ; for conveyance of this eminent blessing unto us , many things are of necessity required , as to be known and chosen of god before the foundation of the world ; in the world to be called , justified , sanctified ; after we have lest the world , to be received unto glory ; christ in every of these hath somewhat which he worketh alone . through him , according to the eternal purpose of god , before the foundation of the world , born , crucified , buried , raised , &c. we were in a gracious acceptation known unto god , long before we were seen of men : god knew us , loved us , was kinde to us in jesus christ , in him we were elected to be heirs of life . thus farr god through christ hath wrought in such sort alone , that our selves are mere patients , working no more than dead and senseless matter , wood , stone , or iron , doth in the artificers hands ; no more than clay , when the potter appointeth it to be framed for an honourable use ; nay , not so much : for the matter whereupon the craftsman worketh he chuseth , being moved by the fitness which is in it to serve his turn ; in us no such thing . touching the rest which is laid for the foundation of our faith , it importeth farther , that a by him we are called , that we have b redemption , c remission of sins through his d blood , health by his e stripes , justice by him ; that f he doth sanctifie his church , and make it glorius to himself , that g entrance into joy shall be given us by him ; yea , all things by him alone . howbeit , not so by him alone , as if in us to our h vocation , the hearing of the gospel ; to our justification , faith ; to our sanctification , the fruits of the spirit ; to our entrance into rest , perseverance in hope , in faith , in holinesse , were not necessary . . then what is the fault of the church of rome ? not that she requireth works at their hands which will be saved : but that she attributeth unto works a power of satisfying god for sinne ; yea , a vertue to merit both grace here , and in heaven glory . that this overthroweth the foundation of faith , i grant willingly ; that it is a direct elenyal thereof , iutterly deny : what it is to hold , and what directly to deny the foundation of faith. i have already opened . apply it particularly to this cause , and there needs no more adoe . the thing which is handled , if the form under which it is handled be added thereunto , it sheweth the foundation of any doctrine whatsoever . christ is the matter whereof the doctrin of the gospel treateth ; and it treateth of christ , as of a saviour . salvation therefore by christ is the foundation of christianity : as for works , they are a thing subordinate , no otherwise than because our sanctification cannot be accomplished without them : the doctrine concerning them is a thing builded upon the foundation ; therefore the doctrin which addeth unto them the power of satisfying , or of meriting , addeth unto a thing sabordinated , builded upon the foundation , not to the very foundation it self ; yet is the foundation by this addition consequently overthrown , forasmuch as out of this addition it may be negatively concluded , he which maketh any work good , and acceptable in the sight of god , to proceed from the natural freedom of our will ; he which giveth unto any good works of ours , the force of satisfying the wrath of god for sinne , the power of meriting either earthly or heavenly rewards ; he which holdeth works going before our vocation , in congruity to merit our vocation . works following our first , to merit our second justification , and by condignity our last reward in the kingdom of heaven , pulleth up the doctrin of faith by the roots , for out of every of these , the plain direct denial thereof may be necessarily concluded . not this onely , but what other heresie is there , that doth not raze the very foundation of faith by consequent ? howbeit , we make a difference of heresies ; accounting them in the next degree to infidelity , which directly deny any one thing to be , which is expresly acknowledged in the articles of our belief ; for out of any one article so denied , the denial of the very foundation it self is straightway inferred . as for example , if a man should say , there is no catholick church , it followeth immediately thereupon , that this iesus whom we call the saviour , is not the saviour of the world ; because all the prophets hear witnesse , that the true messias should shew light unto the gentiles ; that is to say , gather such a church as is catholick , not restrained any longer unto one circumcised nation . in the second rank we place them , out of whose positions , the denial of any the foresaid articles may be with like facility concluded : such as are they which have denied , with hebion , or with maercion , his humanity ; an example whereof may be that of cassianus , defending the incarnation of the son of god , against nestorius bishop of antioch , which held , that the virgin , when she brought forth christ , did not bring forth the son of god , but a sole and mere man : out of which heresie , the denial of the articles of the christian saith he deduceth thus , if thou dost deny our lord iesus christ , in denying the son , thou canst not choose but deny the father ; for , according to the voyce of the father himself , he that hath not the son , hath not the father . wherefore denying , him which is begotten , thou deniest him which doth beget . again , denying the son of god to have been born in the flesh , how canst thou believe him to have suffered ? believing not his passion , what remaineth , but that thou deny his resurrection ? for we believe him not raised , except we first believe him dead : neither can the reason of his rising from the dead stand , without the faith of his death going before . the denial of his death and passion , inserreth the denial of his rising from the depth . whereupon it followeth , that thou also deny his ascension into heaven . the apostle affirmeth , that he which ascended , did first descend ; so that , as much as lieth in thee , our lord iesus christ hath neither risen from the depth , nor is ascended into heaven , nor sitteth on the right hand of god the father , neither shall be come at the day of the final account which is looked for , nor shall judge the quick and the dead . and darest thou yet set foot in the church ? canst thou think thy self a bishop , when thou hast denied all those things whereby thou dost obtain a bishoply calling ? nestorius confessed all the articles of the creed , but his opinion did imply the denial of every part of his confession . heresies there are of the third sort , such as the church of rome maintaineth , which be removed by a greater distance from the foundation , although indeed they overthrow it . yet because of that weakness , which the philosopher noteth in mens capacities , when he saith , that the common sort cannot see things which follow in reason , when they follow , as it were , afar off by many deductions ; therefore the repugnancy of such heresie and the foundation , is not so quickly , or so easily found , but that an heretick of this , sooner than of the former kinde , may directly grant , and consequently nevertheless deny the foundation of faith. . if reason be suspected , tryal will shew that the church of rome doth no otherwise , by teaching the doctrine she doth teach concerning good works . offer them the very fundamental words , and what man is there that will refuse to subscribe unto them ? can they directly grant , and directly deny one and the very self-same thing ? our own proceedings in disputing against their works satisfactory and meritorious , do shew not onely that they hold , but that we acknowledge them to hold the foundation , notwithstanding their opinion . for are not these our arguments against them ? christ alone hath satisfied and appeased his fathers wrath : christ hath merited salvation alone . we should do fondly to use such disputes , neither could we think to prevail by them , if that whereupon we ground , were a thing which we know they do not hold , which we are assured they will not grant . their very answers to all such reasons as are in this controversie brought against them , will not permit us to doubt , whether they hold the foundation or no. can any man that hath read their books concerning this matter , be ignorant how they draw all their answers unto these heads ? that the remission of all our sins , the pardon of all whatsoever punishments thereby deserved , the rewards which god hath laid up in heaven , are by the blood of our lord iesus christ purchased , and obtained sufficiently for all men : but for no man effectually for his benefit in particular , except the blood of christ be apply'd particularly to him , by such means as god hath appointed that to work by . that those means of themselves , being but dead things , onely the blood of christ is that which pu●teth life , force , and efficacy in them to work , and to be available , each in his kinde , to our salvation . finally , that grace being purchased for us by the blood of christ , and freely without any merit on desert at the first bestowed upon us , the good things which we doe , after grace received , be thereby made satisfactory and meritorious . some of their sentences to this effect , i must alledge for mine own warrant . if we desire to hear foreign judgements , we finde in one this confession , he that could reckon how many the vertues and merits of our saviour iesus christ hath been , might likewise understand how many the benefits have been that are to come to us by him , forsomuch as men are made partakers of them all by means of his passion : by him it given unto us remission of our sinnes , grace , glory , liberty , praise , salvation , redemption , iustification , iustice , satisfaction , sacraments , merits , and all other things which we had , and were behoveful for our salvation . in another , we have these oppositions and answers made unto them : all grace is given by christ iesus : true , but not except christ iesus be applied . he is the propitiation for our sinne ; by his stripes we are healed , he hath offered himself up for in : all this is true , but apply it . we put all satisfaction in the blood of iesus christ ; but we hold , that the means which christ hath appointed for us in the case to apply it , are our penal works . our countrey-men in rhemes make the like answer , that they seek salvation no other way than by the blood of christ ; and that humbly they doe use prayers , fastings , almes , faith , charity , sacrifice , sacraments , priests , onely as the means appointed by christ , to apply the benefit of his holy blood unto them : touching our good works , that in their own natures they are not meritorious , nor answerable to the joyes of heaven ; it commeth by the grace of christ , and not of the work it self , that we have by well doing a right to heaven , and deserve it worthily . if any man think that i seek to varnish their opinions , to set the better foot of a lame cause formost ; let him know , that since i began throughly to understand their meaning , i have found their halting greater than perhaps it seemeth to them which know not the deepnesse of satan , as the blessed divine speaketh . for , although this be proof sufficient , that they doe not directly deny the foundation of faith , yet , if there were no other leaven in the lump of their doctrine but this , this were sufficient to prove , that their doctrine is not agreeable to the foundation of christian faith. the pelogians being over-great friends unto nature , made themselves enemies unto grace , for all their confessing , that men have their souls , and all the faculties thereof , their wills , and all the ability of their wills from god. and is not the church of rome still an adversary unto christ's merits , because of her acknowledging , that we have received the power of meriting by the blood of christ : sir thomas moor setteth down the odds between us and the church of rome in the matter of works , thus . like as we grant them , that no good work of man is rewardable in heaven of its own nature , but through the meer goodnesse of god , that lists in set so high a price upon so poor a thing ; and that this price god setteth through christ's passion , and for that also they be his own works with us ; for good works to god-word worketh no man , without god work in him : and as we grant them also , that no man may be proud of his works , for his imperfect working ; and for that in all that man may doe ; he can doe god no good , but is a servant unprofitable , and doth but his bare duty : as we , i say , grant unto them these things , so this one things or twain doe they grant us again , that men are bound to work good works , if they have time and power ; and that whose worketh in true faith most , shall be most rewarded : but then set they thereto . that all his rewards shall be given him for his faith alone , and nothing for his works at all , because his faith is the thing , they say , that forceth him to work well . i see by this of sir thomas moor , how easie it is for men of the greatest capacity , to mistake things written or spoken , as well on the one side as on the other . their doctrine , as he thought , maketh the work of man rewardable in the world to come , through the goodnesse of god , whom it pleased to set so high a price upon so poor a thing : and ours , that a man doth receive that eternal and high reward , not for his works , but for his faiths sake , by which he worketh : whereas in truth our doctrine is no other than that we have learned at the feet of christ ; namely , that god doth justifie the believing man , yet not for the worthinesse of his belief , but for the worthinesse of him which is believed ; god rewardeth abundantly every one which worketh , yet not for any meritorious dignity which is , or can be in the work , but through his mere mercy by whose commandment he worketh . contrariwise , their doctrine is , that as pure water of it self hath no savour , but if it passe through a sweet pipe , it taketh a pleasant smell of the pipe through which it passeth : so , although before grace received , our works doe neither satisfie nor merit ; yet after , they doe both the one and the other . every vertuous action hath then power in such to satisfie ; that if we our selves commit no mortal sinne , no hainous crime , whereupon to spend this treasure of satisfaction in our own behalf , it turneth to the benefit of other mens release , on whom it shall please the steward of the house of god to bestow it ; so that we may satisfie for our selves and others ; but merit onely for our selves . in meriting , our actions do work with two hands ; with one they get their morning stipend , the encrease of grace ; with the other their evening hire , the everlasting crown of glory . indeed they teach , that our good works doe not these things as they come from us , but as they come from grace in us ; which grace in us is another thing in their divinity , than is the mere goodnesse of god's mercy towards us in christ jesus . . if it were not a long deluded spirit which hath possession of their hearts ; were it possible but that they should see how plainly they doe herein gain-say the very ground of apostolick faith ? is this that salvation by grace , whereof so plentiful mention is made in the scriptures of god ? was this their meaning , which first taught the world to look for salvation onely by christ ? by grace , the apostle saith , and by grace in such sort as a gift : a thing that commeth not of our selves , nor of our works , lest any man should boast , and say , i have wrought out my own salvation . by grace they confesse ; but by grace in such sort , that as many as wear the diadem of blisse , they wear nothing but what they have won . the apostle , as if he had foreseen how the church of rome would abuse the world in time , by ambiguous terms , to declare in what sense the name of grace must be taken , when we make it the cause of our salvation , saith , he saved us according to his mercy : which mercy , although it exclude not the washing of our new birth , the renewing of our hearts by the holy ghost , the means , the vertues , the duties which god requireth of our hands which shall be saved ; yet it is so repugnant unto merits , that to say , we are saved for the worthiness of any thing which is ours , is to deny we are saved by grace . grace bestoweth freely ; and therefore justly requireth the glory of that which is bestowed . we deny the grace of our lord jesus christ ; we abuse , disanul , and annihilate the benefit of his bitter passion , if we test in these proud imaginations , that life is deservedly ours , that we merit it , and that we are worthy of it . . howbeit , considering how many vertuous and just men , how many saints , how many martyrs , how many of the antient fathers of the church , have had their sundry perilous opinions : and amongst sundry of their opinions this , that they hoped to make god some part of amends for their sinnes , by the voluntary punishment which they laid upon themselves , because by a consequent it may follow hereupon , that they were injurious unto christ : shall we therefore make such deadly epitaphs , and set them upon their graves , they denied the foundation of faith directly , they are damned , there is no salvation for them ? saint austin saith of himself , errare passum , hareticus isse nolo . and , except we put a difference between them that erre , and them that obstinately persist in errour , how is it possible that ever any man should hope to be saved ? surely , in this case , i have no respect of any person either alive or dead . give me a man , of what estate or condition soever , yea , a cardinal or a pope , whom in the extreme point of his life affliction hath made to know himself , whose heart god hath touched with true sorrow for all his sinnes , and filled with love towards the gospel of christ , whose eyes are opened to see the truth , and his mouth to renounce all heresie and errour , any wise opposite thereunto : this one opinion of merits excepted , he thinketh god will require at his hands , and because he wanteth , therefore trembleth , and is discouraged ; it may be i am forgetful , and unskilful , not furnished with things new and old , as a wise and learned scribe should be , nor able to alledge that , whereunto , if it were alledged , he doth hear a minde most williing to yield , and so to be recalled , as well from this , as from other errours : and shall i think , because of this onely errour , that such a man toucheth not so much as the hem of christ's garment ? if he do , wherefore should not i have hope , that vertue may proceed from christ to save him ? because his errour doth by consequent overthrow his faith , shall i therefore cast him off , as one that hath utterly cast off christ ? one that holdeth not so much as by a slender thred ? no , i will not be afraid to say unto a pope or cardinal in this plight , be of good comfort , we have to do with a merciful god , ready to make the best of a little which we hold well , and not with a captious sophister . which gathereth the worst out of every thing wherein we erre . is there any reason , that i should be suspected , or you offended for this speech ? is it a dangerous thing to imagine that such men may finde mercy ? the hour may come , when we shall think it a blessed thing to hear , that if our sinnes were the sinnes of the pope and cardinals , the bowels of the mercy of god are larger . i do propose unto you a pope with the neck of an emperour under his feet ; a cardinal , riding his horse to the bridle in the blood of saints : but a pope or a cardinal sorrowful , penitent , dis-robed , stript , not onely of usurpec ' power , but also delivered and recalled from error and antichrist , converted and lying prostrate at the foot of christ : and shall i think that christ shall spurn at him ? and shall i cross and gain-say the merciful promises of god , generally made unto penitent sinners , by opposing the name of a pope or cardinal ? what difference is there in the world between a pope and a cardinal , and iohn a stile in this case ? if we think it impossible for them , if they be once come within that rank , to be afterwards touched with any such remorse , let that he granted . the apostle saith , if i , or an angel from heaven preach unto , &c. let it be as likely , that s. paul , or an angel from heaven should preach heresie , as that a pope or cardinal should be brought so farr forth to acknowledge the truth : yet if a pope or cardinal should , what finde we in their persons why they might not be saved ? it is not the persons you will say , but the errour wherein i suppose them to dye , which excludeth them from the hope of mercy , the opinion of merits doth take away all possibility of salvation from them . what if they hold it onely as an errour ? although they hold the truth truly and sincerely in all other parts of christian faith ? although they have in some measure all the vertues and graces of the spirit , all other tokens of god's elect children in them ? although they be farr from having any proud presumptuous opinion ; that they shall be saved by the worthiness of their deeds ? although the onely thing which troubleth and molested them , be but a little too much dejection , somewhat too great a fear , rising from an erroneous conceit , that god would require a worthinesse in them , which they are grieved to finde wanting in themselves ? although they be not obstinate in this perswasion ? although they be willing , and would be glad to forsake it , if any one reason were brought sufficient to dispove it ? although the onely lett , why they doe not forsake it ere they dye , be the ignorance of the means , by which it might be disproved ? although the cause why the ignorance in this point is not removed , be the want of knowledge in such us should be able , and are not , to remove it ? let me dye , if ever it be proved , that simply an errour doth exclude a pope or a cardinal in such a case , utterly from hope of life . surely , i must confesse unto you , if it be an errour , that god may be merciful to save men even when they erre , my greatest comfort is my errour ; were it not for the love i bear unto this errour . i would never wish to speak , nor to live . . wherefore to resume that mother-sentence , whereof i little thought that so much trouble would have grown , i doubt not but that god was merciful to save thousands of our fathers , living in papish . superstitions , inasmuch as they sinned ignorantly . alas ! what bloody matter is there contained in this sentence , that it should be an occasion of so many hard censures ? did i say , that thousands of our fathers might be saved ? i have shewed which way it cannot be denied . did i say , i doubt not but they were saved ? i see no impiety in this perswasion , though i had no reason for it . did i say , their ignorance did make me hope they did finde mercy , and so were saved ? what hindreth salvation but sinne ? sinnes are not equal ; and ignorance , though it doth not make sinne to be no sinne , yet seeing it did make their sinne the less , why should it not make our hope concerning their life , the greater ? we pity the most , and doubt not but god hath most compassion over them that sinne for want of understanding . as much is confessed by sundry others , almost in the self-same words which i have used . it is but onely my evil hap , that the same sentences which savour verity in other mens books , should seem to bolster heresie , when they are once by me recited . if i be deceived in this point , not they , but the blessed apostle hath deceived me . what i said of others , the same he said of himself , i obtained mercy for i did it ignorantly . construe his words , and you cannot misconstrue mine . i spake no otherwise , i meant no otherwise , than he did . . thus have i brought the question concerning our fathers , at length , unto an end . of whose estate , upon so fit an occasion as was offered me , handling the weighty causes of separation between the church of rome and us , and the weak motives which are commonly brought to retain men in that society ; amongst which motives , the examples of our fathers deceased is one ; although i saw it convenient to utter the sentence which i did , to the end that all men might thereby understand , how untruly we are said to condemn as many as have been before us otherwise perswaded than we our selves are ; yet more than that one sentence , i did not think it expedient to utter , judging it a great deal meeter for us to have regard to our own estate , than to sift over-curiously what is become of other men . and fearing , left that such questions as these , if voluntarily they should be too farr waded in , might seem worthy of that rebuke , which our saviour thought needfull in a case not unlike , what is this unto thee ? when i was forced , much beside my expectation , to render a reason of my speech , i could not but yield at the call of others , and proceed so farr as duty bound me , for the fuller satisfying of mindes . wherein i have walked , as with reverence , so with fear : with reverence , inregard of our fathers , which lived in former times ; not without fear , considering them that are alive . . i am not ignorant , how ready men are to feed and sooth up themselves in evil . shall i ( will the man say , that loveth the present world , more than he loveth christ ) shall i incurr the high displeasure of the mightiest upon earth ? shall i hazard my goods , endanger my estate , put my self into jeopardy , rather than to yield to that which so many of my fathers imbraced , and yet found favour in the sight of god , ? curse ye meroz , saith the lord , curse bar inhabitants , because they helped not the lord , they helped him not against the mighty . if i should not onely not help the lord against the mighty , but help to strengthen them that are mighty , against the lord ; worthily might i fall under the burthen of that curse , worthy i were to bear to bear my own judgement : but , if the doctrine which i reach , be a flower gathered in the garden of the lord ; a part of the saying truth of the gospel : from whence notwithstanding , poysonous creatures do suck-venom : i can but wish it were otherwise , and content my self with the lord that hath befallen me , the rather , because it hath not befallen me alone . saint paul taught a truth , and a comfortable truth , when he taught , that the greater our misery is , in respect of our iniquities , the readier is the mercy of god for our release . if we seek unto him , the more we have sinned , the more praise , and glory , and honour unto him that pardoneth our sinne . but mark what sewd collections were made hereupon by some : why then am i condemned for a sinner ? and the apostle ( as we are blamed , and as some affirm that we say , why doe we not evil that good may come of it ? ) he was accused to teach that which ill-disposed people did gather by his teaching , though it were clean not onely besides , but against his meaning . the apostle addeth , their condemnation ( which thus doe ) is just . i am not hasty to apply sentences of condemnation . i wish from mine heart their conversion , whosoever are thus perversly affected . for i must needs say , their case is fearful , their estate dangerous , which harden themselves , presuming on the mercy of god towards others . it is true , that god is merciful , but let us beware of presumptuous sinnes . god delivered ionah from the bottome of the sea , will you therefore cast your selves head-long from the tops of rocks , and say in your hearts , god shall deliver us ? he pitieth the blinde that would gladly see ; but will he pity him that may see , and hardeneth himself in blindenesse ? no , christ hath spoken too much unto you , to claim the priviledge of your fathers . . as for us that have handled this cause concerning the condition of our fathers , whether it be this thing or any other , which we bring unto you , the counsel is good which the wise man giveth , stand thou fast in thy sure understanding , in the way and knowledge of the lord , and have but one manner of word , and follow the word of peace and righteousnesse . as a loose tooth is a grief to him that eateth : so doth a wavering and unstable word in speech , that tendeth to instruction , offend . shall a wise man speak words of the winde , saith eliphaz , leight , unconstant , unstable words ? surely the wisest may speak words of the winde , such is the untoward constitution of our nature , that we doe neither so perfectly understand the way and knowledge of the lord , nor so stedfastly imbrace it when it is understood ; nor so graciously utter it , when it is imbraced ; not so peaceably maintain it , when it is uttered ; but that the best of us are over-taken sometime through blindenesse , sometime through hastinesse , sometime through impatience , sometimes through other passions us the minde , whereunto ( god doth know ) we are too subject . we must therefore be contented both to pardon others , and to crave that others may pardon us for such things . let no man , that speaketh as a man , think himself , while he liveth , alwayes freed from scapes and over-sights in his speech . the things themselves which i have spoken unto you are sound , howsoever they have seemed otherwise unto some : at whose hands i have , in that respect , received injury . i willingly forget it : although indeed , considering the benefit which i have reaped by this necessary speech of truth , i rather incline to that of the apostle , they have not injured me at all . i have cause to wish them as many blessings in the kingdom of heaven , as they have forced me to utter words and syllables in this cause ; wherein i could not be more sparing of speech than i have been . it becommeth no man , saith saint ierom , to be patient in the crime of heresie . patient , as i take it , we should be alwayes , though the crime of heresie were intended ; but silent in a thing of so great consequence i could not , beloved , i durst not be ; especially the love which i bear to the truth of christ jesus , being hereby somewhat called in question . whereof i beseech them in the meeknesse of christ , that have been the first original cause , to consider that a watch-man may cry ( an enemy ) when indeed a friend commeth . in which cause , as i deem such a watch-man more worthy to be loved for his care , than mis-liked for his errour : so i have judged it my own part in this , as much as in me lyeth , to take away all suspition of any unfriendly intent or meaning against the truth , from which , god doth know , my heart is free . . now to you , beloved , which have heard these things , i will use no other words of admonition , than those that are offered me by st. iames , my brethren , have not the faith of our glorious lord iesus , in respect of persons . ye are not now to learn. that as of it self it is not hurtful , so neither should it be to any scandalous and offensive in doubtful cases , to hear the different judgments of men . be it that cephas hath hath one interpretation , and apollos hath another ; that paul is of this minde , and barnabas of that ; if this offend you , the fault is yours . carry peaceable mindes , and you may have comfort by this variety . now the god of peace , give you peaceable mindes , and turn it to your everlasting comfort . a learned sermon of the nature of pride . habak. . . his mind swelleth , and is not right in him : but the iust by his faith shall live . the nature of man being much more delighted to be led than drawn , doth many times stubbornly resist authority , when to perswasion it easily yieldeth . whereupon the wisest law-makers have endeavoured always , that those laws might seem most reasonable , which they would have most inviolably kept . a law simply commanding or forbidding , is but dead in comparison of that which expresseth the reason wherefore it doth the one or the other . and surely , even in the laws of god , although that he hath given commandment , be in it self a reason sufficient to exact all obedience at the hands of men ; yet a forcible inducement it is to obey with greater alacrity and chearfulnesse of minde , when we see plainly , that nothing is imposed more than we must needs yield unto , except we will be unreasonable . in a word , whatsoever be taught , be it precept for direction of our manners ; or article for instruction of our faith ; or document any way for information of our mindes , it then taketh root and abideth , when we conceive not onely what god doth speak , but why . neither is it a small thing , which we derogate as well from the honour of his truth , as from the comfort , joy and delight which we our selves should take by it , when we loosely slide over his speech , as though it were as our own is , commonly vulgar and trivial : whereas he uttereth nothing but it hath , besides the substance of doctrine delivered , a depth of wisdom , in the very choice and frame of words to deliver it in : the reason whereof being not perceived ; but by greater intention of brain , than our nice mindes for the most part can well away with , fain we would bring the world , if we might , to think it but a needless curiosity , to rip up any thing further than extemporal readness of wit doth serve to reach unto . which course , if here we did list to follow , we might tell you , that in the first branch of this sentence , god doth condemn the babylonian's pride ; and in the second teach , what happiness of state shall grow to the righteous by the constancy of their faith , notwithstanding the troubles which now they suffer ; and after certain notes of wholsome instruction hereupon collected , pass over without detaining your mindes in any further removed speculation . but , as i take it , there is a difference between the talk that beseemeth nurses among children , and that which men of capacity and judgment do or should receive instruction by . the minde of the prophet being erected with that which hath been hitherto spoken , receiveth here for full satisfaction a short abridgement of that which is afterwards more particularly unfolded . wherefore as the question before disputed of doth concern two sorts of men , the wicked flourishing as the bay , and the righteous like the withered grass , the one full of pride , the other cast down with utter discouragement : so the answer which god doth make for resolution of doubts hereupon arisen , hath reference unto both sorts , and this present sentence containing a brief abstract thereof comprehendeth summarily as well the fearful estate of iniquity over-exalted , as the hope laid up for righteousness opprest . in the former branch of which sentence , let us first examine what this rectitude or straitness importeth , which god denieth to be in the minde of the babylonian . all things which god did create , he made them at the first , true , good , and right . true , in respect of correspondence unto that pattern of their being , which was eternally drawn in the counsel of god's fore-knowledge ; good , in regard of the use and benefit which each thing yieldeth unto other ; right , by an'apt conformity of all parts with that end which is outwardly proposed for each thing to tend unto . other things have ends proposed , but have not the faculty to know , judge , and esteem of them , and therefore as they tend thereunto unwittingly , so likewise in the means whereby they acquire their appointed ends , they are by necessity so held , that they cannot divert from them . the ends why the heavens do move , the heavens themselves know not , and their motions they cannot but continue . only men in all their actions know what it is which they seek for , neither are they by any such necessity tyed naturally unto any certain determinate mean to obtain their end by , but that they may , if they will , forsake it . and therefore in the whole world , no creature but onely man , which hath the last end of his actions proposed as a recompence and reward , whereunto his minde directly bending it self , is termed right or strait , otherwise perverse . to make this somewhat more plain , we must note , that as they which travel from city to city , enquire ever for the straightest way , because the streightest is that which soonest bringeth them unto their journeys end : so we having here , as the apostle speaketh , no abiding city , but being always in travel towards that place of joy , immortality , and rest , cannot but in every of our deeds , words , and thoughts , think that to be best , which with most expedition leadeth us thereunto , and is for that very cause termed right . that soveraign good , which is the eternal fruition of all good , being our last and chiefest felicity , there is no desperate despiser of god and godliness living , which doth not wish for . the difference between right and crooked mindes , is in the means which the one of the other eschew or follow , certain it is , that all particular things which are naturally desired in the world , as food , rayment , honor , wealth , pleasure , knowledge , they are subordinated in such wise unto that future good which we look for in the world to come , that even in them there lyeth a direct way tending unto this . otherwise we must think , that god making promises of good things in this life , did seek to pervert men , and to lead them from their right minds . where is then the obliquity of the minde of man ? his minde is perverse , cam , and crooked , not when it bendeth it self unto any of these things , but when it bendeth so , that it swerveth either to the right hand or to the left , by excess or defect , from that exact rule whereby human actions are measured . the rule to measure and judge them by , is the law of god. for this cause , the prophet doth make so often and so earnest suit , o direct me in the way of thy commandments : as long as i have respect to thy statules , i am sure not to tread amiss . under the name of the law ; we must comprehend not only that which god hath written in tables and leaves , but that which nature also hath engraven in the hearts of men . else how should those heathens which never had books , but heaven and earth to look upon , be convicted of perverseness ? but the gentiles which had not the law in books , had , saith the apostle , the effect of the law written in their hearts . then seeing that the heart of man is not right exactly , unless it be found in all parts such , that god examining and calling it unto account with all severity of rigour , be not able once to charge it with declining or swarving aside , ( which absolute perfection when did god ever finde in the sons of mere mortal men ? ) doth it not follow , that all flesh must of necessity fall down and confess , we are not dust and ashes , but worse , our mindes from the highest to the lowest are not right ? if not right , then undoubtedly not capable of that blessedness which we naturally seek , but subject unto that which we most abhorr , anguish , tribulation , death , wo , endless misery . for whatsoever misseth the way of life , the issue thereof cannot be but perdition . by which reason , all being wrapped up in sinne , and made thereby the children of death , the mindes of all men being plainly convicted not to be right , shall we think that god hath indued them with so many excellencies , more not onely than any , but then all the creatures in the world besides , to leave them in such estate , that they had been happier if they they had never been ? here commeth necessarily in a new way unto salvation , so that they which were in the other perverse , may in this be found strait and righteous . that the way of nature , this the way of grace . the end of that way , salvation merited , presupposing the righteousness of mens works ; their righteousness , a natural hability to do them ; that hability , the goodness of god which created them in such perfection . but the end of this way , salvation bestowed upon men as a gift , presupposing not their righteousness , but the forgiveness of their unrighteousness , justification ; their justification , not their natural ability to do good , but their hearty sorrow for their not doing , and unfeigned belief in him , for whose sake not-doers are accepted , which is their vocation ; their vocation , the election of god , taking them out from the number of lost children ; their election a mediator in whom to be elect : this mediation , inexplicable mercy ; his mercy , their misery , for whom he vouchsafed to make himself a mediator . the want of exact distinguishing between these two wayes , and observing what they have common , what peculiar , hath been the cause of the greatest part of that confusion whereof christianity at this day laboureth . the lack of diligence in searching , laying down , and inuring mens mindes with those hidden grounds of reason , whereupon the least particular in each of these are most firmly and strongly builded , is the onely reason of all those scruples and uncertainties wherewith we are in such sort intangled , that a number despair of ever discerning what is right or wrong in any thing . but we will let this matter rest , whereinto we stepped to search out a way how some mindes may be , and are right truly , even in the sight of god , though they be simply in themselves not right . howbeit , there is not onely this difference between the just and impious , that the minde of the one is right in the sight of god , because his obliquity is not imputed ; the other perverse , because his sin is unrepented of : but even as lines that are drawn with a trembling hand , but yet to the point which they should , are thought ragged and uneven , nevertheless direct in comparison of them which run clean another way ; so there is no incongruity in terming them right-minded men , whom though god may charge with many things amiss , yet they are not as those hideous and ugly monsters , in whom , because there is nothing but wilful opposition of minde against god , a more than tolerable deformity is noted in them , by saying , that their mindes are not right . the angel of the church of thyatyra , unto whom the son of god sendeth this greeting , i know thy works , and thy love , and service , and faith , notwithstanding , i have a few things against thee , was not as he unto whom saint peter , thou hast no fellowship in this business , for thy heart is not right in the sight of god. so that whereat the orderly disposition of the minde of man should be this ; perturbation , and sensual appetites all kept in awe by a moderate and sober will , in all things frained by reason ; reason , directed by the law of god and nature ; this babylonian had his minde , as it were , turned upside down : in him unreasonable cecity and blindnesse trampled all laws both of god and nature under seet ; wilfulness tyrannized over reason ; and brutish sensuality over will : an evident token , that his out-rage would work his overthrow , and procure his speedy ruine . the mother whereof was that which the prophet in these words signified , his minde doth swell . immoderate swelling , a token of very eminent breach , and of inevitable destruction : pride , a vice which cleaveth so fast unto the hearts of men , that if we were to strip our selves of all faults one by one , we should undoubtedly finde it the very last and hardest to put off . but i am not here to touch the secret itching humour of vanity wherewith men are generally touched . it was a thing more than meanly inordinate , wherewith the babylonian did swell . which that we may both the better conceive , and the more easily reap profit by the nature of this vice , which setteth the whole world out of course , and hath put so many even of the wisest besides themselves , is first of all to be inquired into . secondly , the dangers to be discovered , which it draweth inevitably after it , being not cured . and last of all , the ways to cure it . whether we look upon the gifts of nature , or of grace , or whatsoever is in the world admired as a part of man's excellency , adorning his body , beautifying his minde , or externally any way commending him in the account and opinion of men , there is in every kinde somewhat possible which no man hath , and somewhat had which few men can attain unto . by occasion whereof , there groweth disparagement necessarily ; and by occasion of disparagement , pride through mens ignorance . first therefore , although men be not proud of any thing which is not , at lest in opinion good , yet every good thing they are not proud of , but onely of that which neither is common unto many , and being desired of all , causeth them which have it , to be honoured above the rest . now there is no man so void of brain , as to suppose that pride consisteth in the bare possession of such things ; for then to have vertue were a vice , and they should be the happiest men who are most wretched , because they have least of that which they would have . and though in speech we do intimate a kinde of vanity to be in them of whom we say , they are wise men and they know it , yet this doth not prove , that every wiseman is proud which doth not think himself to be blockish . what we may have and know that we have it without offence , do we then make offensive , when we take joy and delight in having it ? what difference between men enriched with all aboundance of earthly and heavenly blessings , and idols gorgeously attired , but this , the one takes pleasures in that which they have , the other none ? if we may be possest with beauty , strength , riches , power , knowledge , if we may be privy to what we are every way , if glad and joyful for our own wel-fare , and in all this remain unblameable ; nevertheless some there are , who granting thus much , doubt whether it may stand with humility to accept those testimonies of praise and commendation , those titles , rooms , and other honours which the world yieldeth , as acknowledgements of some mens excellencies above others . for inasmuch as christ hath said unto those that are his ; the kings of the gentiles raign over them , and they that bear rule over them are called , gracious lords ; be ye not so : the anabaptist hereupon urgeth equality amongst christians , as if all exercise of authority were nothing else but heathenish pride . our lord and saviour had no such meaning . but his disciples feeding themselves with a vain imagination for the time , that the messias of the world should in ierusalem erect his throne , and exercise dominion with great pomp and outward statelinesse , advanced in honour and terrene power above all the princes of the earth , began to think how with their lord's condition , their own would also rise : that having left and forsaken all to follow him , their place about him should not be mean : and because they were many , it troubled them much , which of them should be the greatest man. when suit was made for two by name , that of them one might sit at his right hand , and the other at his left , the rest began to stomack , each taking it grievously , that any should have what all did affect ; their lord and master , to correct this humour , turneth aside their cogitations from these vain and fansieful conceits , giving them plainly to understand , that they did but deceive themselves . his coming was not to purchase an earthly , but to bestow on heavenly kingdom , wherein they ( if any ) shall be greatest , whom unfeigned humility maketh in this world lowest and least amongst others : ye are they which have continued with me in my temptations , therefore i leave unto you a kingdom , as my father hath appointed me , that ye may eat and drink at my table in my kingdom , and sit on seats , and judge the twelve tribes of israel . but my kingdom is no such kingdom as ye dream of . and therefore these hungry ambitious contentions are seemlier in heathens , than in you . wherefore from christ's intent and purpose nothing is further removed , than dislike of distinction in titles and callings annexed for order's sake unto authority , whether it be ecclesiastical or civil . and when we have examined throughly what the nature of this vice is , no man knowing it , can be so simple , as not to see an ugly shape thereof apparent many times in rejecting honours offered , more than in the very exacting of them at the hands of men . for as iudas his care for the poor was meer covetousness ; and that frank-hearted wastfulness spoken of in the gospel , thrift● so , there is no doubt , but that going in raggs may be pride , and thrones be cloathed with unfeigned humility . we must go further therefore and enter somewhat deeper , before we can come to the closet wherein this poyson lyeth . there is in the heart of every proud man , first , an errour of understanding ; a vain opinion whereby he thinketh his own excellency , and by reason thereof ; his worthiness of estimation , regard and honour , to be greater than in truth it is . this maketh him , in all his affections , accordingly to raise up himself , and by his inward affections his outward acts are fashioned . which , if you list to have exemplified , you may either by calling to minde things spoken of them , whom god himself hath in scripture specially noted with this fault ; or , by presenting to your secret cogitations that which you daily behold in the odious lives and manners of high-minded men . it were too long to gather together so plentiful an harvest of examples in this kinde as the sacred scripture affordeth . that which we drink in at our ears , doth not so piercingly enter , as that which the minde doth conceive by sight . is there any thing written concerning the assyrian monarch in the tenth of esay , of his swelling minde , his haughty looks , his great and presumptuous taunts : by the power of mine own hand i have done all things , and by mine own wisdom i have subdued the world ? any thing concerning the dames of sion , in the third of the prophet esay , of their stretched-out necks , their immodest eyes , their pageant-like , stately , and pompous gate ? any thing concerning the practises of corah , dathan , and abiram , of their impatience to live in subjection , their mutinies , repining at lawful authority , their grudging against their superiours ecclesiastical and civil ? any thing concerning pride in any sort of sect , which the present face of the world doth not , as in a glass , represent to the view of all mens beholding ? so that if books , both prophane and holy , were all lost , as long as the manners of men retain the estate they are in : for him that observeth , how that when men have once conceived an over-weening of themselves , it maketh them in all their affections to swell , how deadly their hatred , how heavy their displeasure , how un-appeaseable their indignation and wrath is above other mens , in what manner they compose themselvs to be as heteroclits , without the compass of all such rules as the common sort are measured by ; how the oaths which religious hearts do tremble at , they affect as principal graces of speech ; what felicity they take to see the enormity of their crimes above the reach of laws and punishments ; how much it delighteth them when they are able to appale with the cloudiness of their looks ; how far they exceed the terms wherewith man 's nature should be limited ; how high they bear their heads over others ; how they brow-beat all men which do not receive their sentences as oracles , with marvellous applause and approbation ; how they look upon no man , but with an indirect countenance , nor hear any thing saving their own praise , with patience , nor speak without scornfulness and disdain ; how they use their servants , as if they were beasts , their inferiors as servants , their equals as inferiors , and as for superiors they acknowledg none ; how they admire themselves as venerable , puissant , wise , circumspect provident , every way great , taking all men besides themselves for cyphers , poor , inglorious , silly creatures , needless burthens of the earth , off-scowrings , nothing : in a word , for him which marketh how irregular and exorbitant they are in all things , it can be no hard thing hereby to gather , that pride is nothing but an inordinate elation of the minde , proceeding from a false conceit of mens excellency in things honored , which accordingly frameth also their deeds and behaviour , unless they be cunning to conceal it ; for a foul scarr may be covered with a fair cloath : and , as proud as lucifer , may be in outward appearance lowly . no man expecteth grapes of thistles ; nor from a thing of so bad a nature , can other than suitable fruits be looked for . what harm soever in private families there groweth by disobedience of children , stubbornness of servants , untractableness in them who although they otherwise may rule , yet should , in consideration of the imparity of their sex , be also subject ; whatsoever , by strife amongst men combined in the fellowship of greater societies , by tyranny of potentates , ambition of nobles , rebellion of subjects in civil states ; by heresies , schisms , divisions in the church ; naming pride , we name the mother which brought them forth , and the onely nurse that feedeth them . give me the hearts of all men humbled ; and what is there that can overthrow or disturb the peace of the world ? wherein many things are the cause of much evil ; but pride , of all . to declaim of the swarms of evils issuing out of pride , is an easie labour . i rather wish , that i could exactly prescribe , and perswade effectually the remedies , whereby a sore so grievous might be cured , and the means how the pride of swelling mindes might be taken down . whereunto so much we have already gained , that the evidence of the cause , which breedeth it , pointeth directly unto the likeliest and fittest helps to take it away : diseases that come of fulness , emptiness must remove . pride is not cured , but by abating the errour which causeth the minde to swell . then seeing that they swell by mis-conceit of their own excellency ; for this cause , all which tend to the beating down of their pride , whether it be advertisement from men , or from god himself chastisement ; it then maketh them cease to be proud , when in causeth them to see their errour in over-seeing the thing they were proud of . at this mark iob , in his apology unto his eloquent friends , aimeth . for perceiving how much they delighted to hear themselves talk , as if they had given their poor afflicted familiar a schooling of marvellous deep and rare instruction , as if they had taught him more than all the world besides could acquaint him with : his answer was to this effect : ye swell , as though ye had conceived some great matter ; but as for that which ye are delivered of , who knoweth it not ? is any man ignorant of these things ? at the same mark the blessed apostle driveth : ye abound in all things , ye are rich , ye raign , and would to christ we did raign with you : but boast not . for what have ye , or are ye of your selves ? to this mark , all those humble confessions are referred , which have been always frequent in the mouths of saints , truly wading in the tryal of themselves : as that of the prophet's , we are nothing but soreness and festered corruption : our very light is darkness , and our righteousness is self unrighteousness ; that of gregory , let no man ever put confidence in his own deserts : sordet in conspectu iudicis , quod fulget in conspectu operantis , in the sight of the dreadful judge , it is noysom , which in the doer's judgment maketh a beautiful shew : that of anselm , i adore thee , i bless thee , lord god of heaven , and redeemer of the world , with all the power , ability , and strength of my heart and soul , for thy goodness so unmeasurably extended ; not in regard of my merits , whereunto onely torments were due , but of thy mere unprocured benignity . if these fathers should be raised again from the dust , and have the books laid open before them , wherein such sentences are found as this : works no other than the value , desert , price , and worth of the joyes of the kingdom of heaven ; heaven , in relation to our works , as the very stipend , which the hired labourer covenanteth to have of him whose work he doth , as a thing equally and justly answering unto the time and waight of his travels , rather than to a voluntary or bountiful gift . if , i say , those reverend fore-rehearsed fathers , whose books are so full of sentences , witnessing their christian humility , should be raised from the dead , and behold with their eyes such things written ; would they not plainly pronounce of the authors of such writs , that they were fuller of lucifer than of christ ; that they were proud-hearted men , and carried more swelling mindes than sincerely and feelingly known christianity can tolerate ? but as unruly children , with whom wholsom admonition prevaileth little ; are notwithstanding brought to fear that everafter , which they have once well smarted for ; so the mind which falleth not with instruction , yet under the rod of divine chastisement ceaseth to swell . if therefore the prophet david , instructed by good experience , have acknowledged : lord , i was even at the point of clean forgetting my self , and so straying from my right minde : but thy rod hath been my reformer ; it hath been good for me , even as much as my soul is worth , that i have been with sorrow troubled : if the blessed apostle did need the corrosive of sharp and bitter strokes , left his heart should swell with too great abundance of heavenly revelations , surely , upon us whatsoever god in this world doth , or shall inflict , it cannot seem more than our pride doth exact , not only by way of revenge , but of remedy . so hard it is to cure a sore of such quality as pride is , in as much as that which rooteth out other vices , causeth this , and ( which is even above all conceit ) if we were clean from all spot and blemish both , of other faults ; of pride , the fall of angels doth make it almost a question , whether we might not need a preservative still , left we should haply wax proud that we are not proud . what is vertue , but a medicine , and vice , but a wound ? yet we have so often deeply wounded our selves with medicine ; that god hath been fain to make wounds medicinable ; to cure by vice where vertue hath strucken ; to suffer the just man to fall , that being raised , he may be taught what power it was which upheld him standing : i am not afraid to affirm it boldly with st. augustin , that men puffed up through a proud opinion of their own sanctity and holiness , receive a benefit at the hands of god , and are assisted with his grace , when with his grace they are not assisted , but permitted , and that grievously to transgress ; whereby , as they were in over-great liking of themselves supplanted , so the dislike of that which did supplant them , may establish them afterwards the surer . ask the very soul of peter , and it shall undoubtedly make you it self this answer ; my eager protestations , made in the glory of my ghostly strength , i am ashamed of● but those crystal tears wherewith my sin and weakness was bewailed , have procured my endless joy ; my strength hath been my ruine , and my fall my stay. a remedy against sorrow and fear , delivered in a funeral sermon . john . . let not your hearts be troubled , nor fear . the holy apostles having gathered themselves together by the special appointment of christ , and being in expectation to receive from him such instructions as they had been accustomed with , were told , that which they least looked for , namely , that the time of his departure out of the world was now come . whereupon they fell into consideration : first , of the manifold benefits which his absence should bereave them of ; and secondly of the sundry evils which themselves should be subject unto , being once bereaved of so gracious a master and patron . the one consideration over-whelmed their souls with heaviness : the other with fear . their lord and saviour , whose words had cast down their hearts , raiseth them presently again with chosen sentences of sweet encouragement . my dear , it is for your own sakes i leave the world. i know the affections of your hearts are tender , but if your love were directed with that advised and staid judgment which should be in you , my speech of leaving the world , and going unto my father , would not a little augment your joy . desolate and comfortless i will not leave you ; in spirit i am with you to the worlds end , whether i be present or absent , nothing shall ever take you out of these hands : my going is to take possession of that , in your names , which is not only for me , but also for you prepared ; where i am , you shall be . in the mean while , my peace i give , not as the world giveth , give i unto you : let not your hearts be troubled , nor fear . the former part of which sentence having otherwhere already been spoken of , this unacceptable occasion to open the latter part thereof here , i did not look for . but so god disposeth the wayes of men . him i heartily beseech , that the thing which he hath thus ordered by his providence , may , through his gracious goodnesse turn unto your comfort . our nature for coveteth preservation from things hurtful . hurtful things being present , do breed heaviness ; being future , do cause fear . our saviour to abate the one , speaketh thus unto his disciples : let not your hearts be troubled , and , to moderate the other , addeth fear not . grief and heaviness in the presence of sensible evils cannot but trouble the mindes of men . it may therefore seem that christ required a thing impossible . be not troubled . why , how could they choose ? but we must note this being natural , and therefore simply not reproveable , is in us good or bad , according to the causes for which we are grieved , or the measure of our grief . it is not my meaning to speak so largely of this affection , as to go over all particulars whereby men do one way or other offend in it , but to teach it so farr onely as it may cause the very apostles equals to swerve . our grief and heaviness therefore is reproveable , sometime in respect of the cause from whence , sometime in regard of the measure whereunto it groweth . when christ , the life of the world , was led unto cruel death , there followed a number of people and women , which women bewayled much his heavy case . it was a natural compassion which caused them , where they saw undeserved miseries , there to pour forth unrestrained tears . nor was this reproved . but in such readiness to lament where they less needed , their blindness in not discerning that for which they ought much rather to have mourned ; this our saviour a little toucheth , putting them in minde that the tears which were wasted for him , might better have been spent upon themselves . daughters of ierusalem , weep not for me , weep for your selves , and for your children . it is not , as the stoicks have imagined , a thing unseemly for a wise man to be touched with grief of minde : but to be sorrowful when we least should ; and where we should lament , there to laugh , this argueth our small wisdom . again , when the prophet david confesseth thus of himself , i grieved to see the great prosperity of godless men , how they flourish and go untoucht , psal. . himself hereby openeth both our common and his peculiar imperfection , whom this cause should not have made so pensive . to grieve at this , is to grieve where we should not , because this grief doth rise from errour . we erre when we grieve at wicked mens impunity and prosperity , because their estate being rightly discerned , they neither prosper nor go unpunished . it may seem a paradox , it is truth , that no wicked man's estate is prosperous , fortunate , or happy . for what though they bless themselves , and think their happinesse great ? have not frantick persons many times a great opinion of their own wisdome ? it may be that such as they think themselves , others also do account them . but what others ? surely such as themselves are . truth and reason discerneth far● otherwise of them . unto whom the jews wish all prosperity , unto them the phrase of their speech is to wish peace . seeing then the name of peace containeth in it all parts of true happiness , when the prophet saith plainly , that the wicked have no peace , how can we think them to have any part of other than vainly imagined felicity ? what wise man did ever account fools happy ? if wicked men were wise , they would cease to be wicked . their iniquity therefore proving their folly , how can we stand in doubt of their misery ? they abound in those things which all men desire . a poor happinesse to have good things in possession , a man to whom god hath given riches , and treasures , and honour , so that he wanteth nothing for his soul of all that it desireth , but yet god giveth him not the power to eat thereof ; such a felicity solomon esteemeth but as a vanity , a thing of nothing . if such things adde nothing to mens happiness , where they are not used , surely wicked men that use them ill , the more they have , the more wretched . of their prosperity therefore we see what we are to think . touching their impunity , the same is likewise but supposed . they are oftner plagued than we are aware of . the pangs they feel are not always written in their forehead . though wickedness be sugar in their mouths , and wantonness as oyl to make them look with chearful countenance , nevertheless if their hearts were disclosed , perhaps their glittering state would not greatly be envied . the voyces that have broken out from some of them , o that god had given me a heart sensless , like the flints in the rocks of stone ? which as it can taste no pleasure , so it feeleth no wo ; these and the like speeches are surely tokens of the curse which zophar in the book of iob poureth upon the head of the impious man , he shall suck the gall of asps , and the viper's tongue shall slay him . if this seem light , because it is secret , shall we think they go unpunished , because no apparent plague is presently seen upon them ? the judgments of god do not always follow crimes , as thunder doth lightning ; but sometimes the space of many ages coming between . when the sun hath shined fair the space of six dayes upon their tabernacle , we know not what clouds the seventh may bring . and when their punishment doth come , let them make their account , in the greatness of their sufferings to pay the interest of that respite which hath been given them . or if they chance to escape clearly in this world , which they seldome do ; in the day when the heavens shall shrivel as a scrowl , and the mountains move as frighted men out of their places , what cave shall receive them ? what mountain or rock shall they get by intreaty to fall upon them ? what covert to hide them from that wrath , which they shall neither be able to abide or avoid ? no man's misery therefore being greater than theirs whose impiety is most fortunate ; much more cause there is for them to bewail their own infelicity , than for others to be troubled with their prosperous and happy estate , as if the hand of the almighty did not , or would not touch them . for these causes , and the like unto these , therefore , be not troubled . now , though the cause of our heaviness be just , yet may not our affections herein be yielded unto with too much indulgency and favour . the grief of compassion , whereby we are touched with the feeling of other mens woes , is of all other least dangerous : yet this is a le●● unto sundry duties , by this we are apt to spare sometimes where we ought to strike . the grief which our own sufferings do bring , what temptations have not risen from it ? what great advantage satan hath taken even by the godly grief of hearty contrition for sins committed against god , the near approaching of so many afflicted souls , whom the conscience of sinne hath brought unto the very brink of extreme despair , doth but too abundantly shew . these things , wheresoever they fall , cannot but trouble and molest the minde . whether we be therefore moved vainly with that which seemeth hurtful , and is not ; or have just cause of grief , being pressed indeed with those things which are grievous , our saviour's lesson is , touching the one , be not troubled ; not over-troubled for the other . for , though to have no ●eeling of that which meerly concerneth us , were stupidity , nevertheless , seeing that as the authour of our salvation was himself consecrated by affliction , so the way which we are to follow him by , is not strewed with rushes , but set with thorns ; be it never so hard to learn , we must learn to suffer with patience , even that which seemeth almost impossible to be suffered , that in the hour when god shall call us unto our trial , and turn this honey of peace and pleasure wherewith we swell , into that gall and bitterness which flesh doth shrink to taste of , nothing may cause us in the troubles of our souls to storm , and grudge , and repine at god , but every heart be enabled with divinely-inspired courage , to inculcate unto it self , be not troubled ; and in those last and greatest conflicts to remember , that nothing may be so sharp and bitter to be suffered , but that still we our selves may give our selves this encouragement , even learn also patience , o my soul. naming patience , i name that vertue which onely hath power to stay our souls from being over-excessively troubled : a vertue , wherein , if ever any , surely that soul had good experience , which extremity of pains , having chased out of the tabernacle of this flesh , angels , i nothing doubt , have carried into the bosom of her father abraham . the death of the saints of god is precious in his sight . and shall it seem unto us superfluous at such times as these are , to hear in what manner they have ended their lives ? the lord himself hath not disdained so exactly to register in the book of life , after what sort his servants have closed up their dayes on earth , that he descendeth even to their very meanest actions , what meat they have longed for in their sicknesse , what they have spoken unto their children , kinsfolks , and friends , where they have willed their dead carkasses to be laid , how they have framed their wills and testaments : yea , the very turning of their faces to this side or that , the setting of their eyes , the degrees whereby their natural heat hath departed from them , their cryes , their groans , their pantings , breathings , and last-gaspings , he hath most solemnly commended unto the memory of all generations . the care of the living both to live and dye well , must needs be somewhat encreased , when they know that their departure shall not be foulded up in silence , but the ears of many be made acquainted with it . again , when they hear how mercifully god hath dealt with others in the hour of their last need , besides the praise which they give to god , and the joy which they have , or should have , by reason of their fellowship and communion of saints , is not their hope also much confirmed against the day of their own dissolution ? finally , the sound of these things doth not so passe the ears of them that are most loose and dissolute of life , but it causeth them sometime or other to wish in their hearts , oh , that we might dye the death of the righteous , and that our end might be like his ! howbeit , because to spend herein many words , would be to strike even as many wounds into their mindes , whom i rather wish to comfort : therefore concerning this vertuous gentlewoman , onely this little i speak , and that of knowledge , she lived a dove , and dyed a lambe . and , if amongst so many vertues , hearty devotion towards god , towards poverty tender compassion , motherly affection toward servants ; towards friends even serviceable kindness , milde behaviour , and harmless meaning towards all , if where so many vertues were eminent , any be worthy of special mention , i wish her dearest friends of that sex to be her nearest followers in two things : silence , saving only where duty did exact speech ; and patience , even then when extremity of pains did enforce grief . blessed are they that dye in the lord. and concerning the dead which are blessed , let not the hearts of any living be over-charged , with grief over-troubled . touching the latter affection of fear , which respecteth evil to come , as the other which we have spoken of doth present evils ; first , in the nature thereof it is plain , that we are not of every future evil afraid . perceive we not how they , whose tendernesse shrinketh at the least rase of a needle 's point , do kisse the sword that peirceth their souls quite thorow ? if every evil did cause fear , sinne , because it is sinne , would be feared ; whereas properly sinne is not feared as sinne , but onely as having some kinde of harm annexed . to teach men to avoid sinne , it had been sufficient for , the apostle to say , flye it . but to make them afraid of committing sinne , because the naming of sin sufficed not , therefore he addeth further , that it is as a serpent which stingeth the soul. again , be it that some nocive or hurtful thing be towards us , must fear of necessity follow hereupon ? not , except that hurtful thing doe threaten us either with destruction or vexation , and that such as we , have neither a conceit of ability to resist , nor of utter impossibility to avoid . that which we know our selves able to withstand , we fear not ; and that which we know are unable to deferr or diminish , or any way avoid , we cease to fear ; we give our selves over to bear and sustain it . the evil therefore which is feared , must be in our perswasion unable to be resisted when it cometh , yet not utterly impossible for a time in whole or in part to be shunned . neither doe we much fear such evils , except they be imminent and near at hand ; nor if they be near , except we have an opinion that they be so . when we have once conceived an opinion , or apprehended an imagination of such evils prest , and ready to invade us ; because they are hurtful unto our nature , we feel in our selves a kinde of abhorring ; because they are thought near , yet not present , our nature seeketh forthwith how to shift and provide for it self ; because they are evils which cannot be resisted , therefore she doth not provide to withstand , but to shun and avoid . hence it is , that in extream fear , the mother of life contracting herself , avoiding as much as may be the reach of evil , and drawing the heat together with the spirits of the body to her , leaveth the outward parts cold , pale , weak , feeble , unapt to perform the functions of life ; as we see in the fear of balthasar king of babel . by this it appeareth , that fear is nothing else but a perturbation of the minde , through an opinion of some imminent evil , threatning the destruction or great annoyance of our nature , which to shun , it doth contract and deject it self . now because , not in this place onely , but otherwhere often , we hear it repeated , fear not ; it is by some made a question , whether a man may fear destruction or vexation without sinning ? first , the reproof wherewith christ checketh his disciples more than once , o men of little faith , wherefore are ye afraid ? secondly , the punishment threatned in revelat. . viz. the lake , and fire , and brimstone , not onely to murtherers , unclean persons , sorcerers , idolaters , lyers , but also to the fearful and faint-hearted : this seemeth to argue , that fearfulness cannot but be finne . on the contrary side we see , that he which never felt motion unto sinne , had of this affection more than a slight feeling . how clear is the evidence of the spirit , that in the days of his flesh be offered up prayers and supplications , with strong cryes and tears , unto him that was able to save him from death , and was also heard in that which he feared , heb. . . whereupon it followeth , that fear in it self is a thing not sinful . for , is not fear a thing natural , and for mens preservation necessary , implanted in us by the provident and most gracious giver of all good things , to the end , that we might not run head-long upon those mischiefs wherewith we are not able to encounter , but use the remedy of shunning those evils which we have not ability to withstand ? let that people therefore which receive a benefit by the length of their prince's days , the father or mother which rejoyceth to see the off-spring of their flesh grow like green and pleasant plants , let those children that would have their parents , those men that would gladly have their friends and brethrens dayes prolonged on earth ( as there is no natural-hearted man but gladly would ) let them bless the father of lights , as in other things , so even in this , that he hath given man a fearful heart , and settled naturally that affection in him , which is a preservation against so many ways of death . fear then , in it self , being meer nature , cannot , in it self , be sin , which sin is not nature , but thereof an accessary deprivation . but in the matter of fear we may sin , and do , two wayes . if any man's danger be great , theirs is greatest that have put the fear of danger farthest from them . is there any estate more fearful than that babylonian strumpet's , that sitteth upon the tops of seven hills , glorying , and vaunting , i am a queen , &c. revel . . . how much better and happier are they , whose estate hath been always as his who speaketh after this sort of himself , lord , from my youth have i born thy yoke : they which sit at continual ease , and are settled in the lees of their security ; look upon them , view their countenance , their speech , their gesture , their deeds , put them in fear , o god , saith the prophet , that so they may know themselves to be but men ; worms of earth , dust and ashes , frail , corruptible , feeble things . to shake off security therefore , and to breed fear in the hearts of mortal men , so many admonitions are used concerning the power of evils which beset them , so many threatnings of calamities , so many descriptions of things threatned , and those so lively , to the end they may leave behind them a deep impression of such as have force to keep the heart continually waking . all which doe shew , that we are to stand in fear of nothing more than the extremity of not fearing . when fear hath delivered us from that pit , wherein they are sunk that have put farr from them the evil day ; that have made a league with death , and have said , tush , we shall feel no harm ; it standeth us upon to take heed it cast us not into that , wherein souls destitute of all hope are plunged . for our direction , to avoid , as much as may be , both extremities , that we may know , as a ship-master by his card , how farr we are wide , either on the one side , or on the other ; we must note , that in a christian man there is , first , nature : secondly , corruption perverting nature : thirdly , grace , correcting and amending corruption . in fear , all these have their several operations : nature teacheth simply , to wish preservation and avoidance of things dreadful ; for which cause our saviour himself prayeth , and that often , father , if it be possible . in which cases , corrupt nature's suggestions are , for the safety of temporal life , not to stick at things excluding from eternal ; wherein how farr , even the best may be led , the chiefest apostle's frailty teacheth . were it not therefore for such cogitations as , on the contrary side , grace and faith minisheth , such as that of iob , though god kill me ; that of paul , scio cui credidi , i know him on whom i do rely ; small evils would soon be able to overthrow even the best of us . a wise man , saith solomon , doth see a plague coming , and hideth himself . it is nature which teacheth a wise man in fear to hide himself , but grace and faith doth teach him where . fools care not to hide their heads : but where shall a wise man hide himself , when he feareth a plague coming ? where should the frighted childe hide his head , but in the bosom of his loving father ? where a christian but under the shadow of the wings of christ his saviour ? come my people , saith god in the prophet , enter into thy chamber , hide thy self , &c. isa. . but because we are in danger ; like chased birds , like doves , that seek and cannot see the resting holes , that are right before them ; therefore our saviour giveth his disciples these encouragements before-hand , that fear might never so amaze them , but that always they might remember , that whatsoever evils at any time did beset them , to him they should still repair for comfort , counsel , and succour . for their assurance whereof , his peace he gave them , his peace he left unto them , not such peace as the world offereth , by whom his name is never so much pretended , as when deepest treachery is meant ; but peace which passeth all understanding , peace that bringeth with it all happinesse , peace that continueth for ever and ever , with them that have it . this peace , god the father grant , `for his son's sake ; unto whom , with the holy ghost , three persons , one eternal , and everliving god , be all honour , and glory , and praise , now and for ever , amen . a learned and comfortable sermon . of the certainty and perpetuity of faith in the elect : especially of the prophet habakkuk's faith . habak. . . whether the prophet habakkuk , by admitting this cogitation into his minde , the law doth fail , did thereby shew himself an unbeliever ? wee have seen in the opening of this clause , which concerneth the weakness of the prophet's faith ? first , what things they are whereunto the faith of sound believers doth assent : secondly , wherefore all men assent not thereunto : and thirdly , why they that doe , doe it many times with small assurance . now , because nothing can be so truly spoken , but through mis-understanding it may be depraved ; therefore to prevent , if it be possible , all mis-construction in this cause ; where a small errour cannot rise but with great danger , it is perhaps needful ere we come to the fourth point , that something be added to that which hath been already spoken concerning the third . that meer natural men do neither know nor acknowledge the things of god , we do not marvel , because they are spiritually to be discerned : but they in whose hearts the light of grace doth shine , they that are taught of god , why are they so weak in faith ? why is their assenting to the law so scrupulous ? so much mingled with fear and wavering ? it seemeth strange , that ever they should imagin the law to fail . it cannot seem strange if we weigh the reason . if the things which we believe be considered in themselves , it may truly be said , that faith is more certain than any science : that which we know , either by sense , or by infallible demonstration is not so certain as the principles . articles , and conclusions of christian faith. concerning which we must note , that there is a certainty of evidence , and a certainty of adherence . certainty of evidence we call that , when the minde doth assent unto this or that , not because it is true in it self , but because the truth is clear , because it is manifest unto us . of things in themselves most certain , except they be also most evident , our perswasion is not so assured , as it is of things more evident , although in themselves they be lesse certain . it is as sure , if not surer , that there be spirits as that there he men : but we be more assured of these than of them , because these are more evident . the truth of some things is so evident , that no man which heareth them can doubt of them : as when we hear that a part of any thing is less than the whole , the minde is constrained to say , this is true . if it were so in matters of faith , then , as all men have equal certainty of this , so no believer should be more scrupulous and doubtful than another . but we finde the contrary . the angels and spirits of the righteous in heaven , have certainty most evident of things spiritual : but this they have by the light of glory . that which we see by the light of grace , though it he indeed more certain , yet it is not to us so evidently certain , as that which sense , or the light of nature , will not suffer a man to doubt of . proofs are vain and frivolous , except they be more certain than is the thing proved : and do we not see how the spirit every where in the scripture proving matters of faith , laboureth to confirm us in the things which we believe by things whereof we have sensible knowledge ? i conclude therefore , that we have less certainty of evidence concerning things believed , than concerning sensible or naturally perceived . of these , who doth doubt at any time ? of them , at somtime , who doubteth not ? i will not here alledge the sundry confessions of the perfectest that have lived upon earth , concerning their great imperfections this way ; which , if i did , i should dwell too long upon a matter sufficiently known by every faithful man that doth know himself . the other , which we call the certainty of adherence , is , when the heart doth cleave and stick unto that which it doth believe : this certainty is greater in us than the other . the reason is this , the faith of a christian doth apprehend the words of the law , the promises of god , not onely as true , but also as good ; and therefore even then when the evidence which he hath of the truth is so small , that it grieveth him to feel his weakness in assenting thereto ; yet is there in him such a sure adherence unto that which he doth but faintly and fearfully believe , that his spirit having once truly tasted the heavenly sweetness thereof , all the world is not able quite and clean to remove him from it : but he striveth with himself to hope against all reason of believing , being setled with iob upon this unmoveable resolution , though god kill me , i will not give ever trusting in him . for why ? this lesson remaineth for ever imprinted in him , it is good for me to cleave unto god , psal. . now the mindes of all men being so darkned , as they are with the foggy damp of original corruption , it cannot be that any man's heart living should be either so enlightned in the knowledge , or so established in the love of that wherein his salvation standeth , as to be perfect , neither doubting nor shrinking at all . if any such were , what doth lett why that man should not be justified by his own inherent righteousness ? for righteousness inherent , being perfect , will justifie . and perfect faith is a part of perfect righteousness inherent ; yea , a principal part , the root and the mother of all the rest : so that if the fruit of every tree be such as the root is , faith being perfect , as it is , if it be not at all mingled with distrust and fear , what is there to exclude other christian vertues from the like perfections ? and then what need we the righteousness of christ ? his garment is superstuous ? we may be honourably cloathed with our own robes , if it be thus . but let them beware who challenge to themselves a strength which they have not , left they lose the comfortable support of that weakness which indeed they have . some shew , although no soundness of ground , there is , which may be alledged for defence of this supposed-perfection in certainty touching matters of our faith : as first that abraham did believe , and doubted not : secondly , that the spirit which god hath given us to no other end , but only to assure us that we are the sons of god ; to embolden us to call upon him as our father , to open our eyes , and to make the truth of things believed evident unto our mindes ; is much mightier in operation than the common light of nature , whereby we discern sensible things : wherefore we must needs be more sure of that we believe , than of that we see ; we must needs be more certain of the mercies of god in christ jesus , than we are of the light of the sun when it shineth upon our faces . to that of abraham , he did not doubt : i answer that this negation doth not exclude all fear , all doubting ; but onely that which cannot stand with true faith. it freeth abraham from doubting through infidelity , not from doubting through infirmity ; from the doubting of unbelievers , not of weak believers ; from such a doubting as that whereof the prince of samaria is attainted , who hearing the promise of sudden plenty in the midst of extream dearth , answered , though the lord would make windows in heaven , were it possible so to come to pass ? but that abraham was not void of all doubting , what need we any other proof than the plain evidence of his own words ? gen. . . the reason which is taken from the power of the spirit were effectual , if god did work like a natural agent , as the fire doth inflame , and the sun enlighten ; according to the uttermost ability which they have to bring forth their effects . but the incomprehensible wisdom of god doth limit the effects of his power , to such a measure as seemeth best unto himself . wherefore he worketh that certainty in all , which sufficeth abundantly to their salvation in the life to come ; but in none so great as attaineth in this life unto perfection . even so , o lord , it hath pleased thee ; even so it is best and fittest for us , that feeling still our own infirmities , we may no longer breathe than pray , adjuva domine , help lord our incredulity . of the third question , this , i hope , will suffice , being added unto that which hath been thereof already spoken . the fourth question resteth , and so an end of this point . that which cometh last of all in this first branch to be considered concerning the weakness of the prophet's faith , is , whether he did by this very thought , the law doth fail , quench the spirit , fall from faith , and shew himself an unbeliever or no ? the question is of moment ; the repose and tranquillity of infinite souls doth depend upon it . the prophet's case is the case of many ; which way soever we cast for him , the same way it passeth for all others . if in him this cogitation did extinguish grace ; why the like thoughts in us should not take the like effect , there is no cause . forasmuch therefore as the matter is weighty , dear and precious , which we have in hand ; it behoveth us with so much the greater chariness to wade through it , taking special heed both what we build , and whereon we build , that if our building be pearl , our foundation be not stubble ; if the doctrine we teach be full of comfort and consolation , the ground whereupon we gather it be sure : otherwise we shall not save , but deceive both our selves and others in this we know we are not deceived , neither can we deceive you , when we teach that the faith whereby ye are sanctified , cannot fail ; it did not in the prophet , it shall not in you . if it be so , let the difference be shewed between the condition of unbelievers and his , in this or in the like imbecillity and weakness . there was in habakkuk , that which saint iohn doth call the seed of god , meaning thereby , the first grace which god powreth into the hearts of them that are incorporated into christ ; which having received , if because it is an adversary to sinne , we do therefore think we sinne not both otherwise , and also by distrustful and doubtfull apprehending of that which we ought stedfastly to believe , surely , we do but deceive our selves . yet they which are of god , do not sinne either in this , or in any thing , any such sinne as doth quite extinguish grace , clean cutt them off from christ jesus : because the seed of god abideth in them , and doth shield them from receiving any irremediable wound . their faith when it is at strongest is but weak ; yet even then , when it is at the weakest , so strong , that utterly it never faileth , it never perisheth altogether , no not in them who think it extinguished in themselves . there are , for whose sakes i dare not deal slightly in this cause , sparing that labour which must be bestowed to make it plain . men in like agonies unto this of the prophet habakkuk's , are , through the extremity of grief , many times in judgement so confounded , that they finde not themselves in themselves . for that which dwelleth in their hearts they seek , they make diligent search and enquiry . it abideth , it worketh in them , yet still they ask where ? still they lament as for a thing which is past finding : they mourn as rachel , and refuse to be comforted , as if that were not which indeed is ; and , as if that which is not , were ; as if they did not believe when they doe ; and , as if they did despair when they do not . which , in some , i grant , is but a melancholly passion , proceeding onely from that dejection of minde , the cause whereof is in the bod● , and by bodily means can be taken away . but where there is no such bodily cause , the minde is not lightly in this mood , but by some of these three occasions : one , that judging by comparison , either with other men , or with themselves at some other time more strong , they think imperfection to be a plain deprivation , weakness to be utter want of faith. another cause is : they often mistake one thing for another . saint paul wishing well to the church of rome , prayeth for them after this sort : the god of hope fill you with all joy of believing . hence an errour groweth , when men in heaviness of spirit , suppose they lack faith , because they finde not the sugred joy and delight which indeed doth accompanie faith , but so as a separable accident , as a thing that may be removed from it ; yea , there is a cause why it should be removed . the light would never be so acceptable , were it not for that usual intercourse of darkness . too much honey doth turn to gall , and too much joy even spiritual , would make us wantons . happier a great deal is that man's case , whose soul by inward desolation is humbled , than he whose heart is through abundance of spiritual delight lifted up , and exalted above measure . better it is sometimes to go down into the pit with him , who beholding darkness , and bewailing the loss of inward joy and consolation , cryeth from the bottom of the lowest hell , my god , my god , why hast thou forsaken me ? than continually to work arm in arm with angels , to fit , as it were , in abraham's bosom , and to have no thought , no cogitation , but , i thank my god it is not with me as it is with other men . no ; god will have them that shall walk in light , to feel now and then what it is to sit in the shadow of death . a grieved spirit therefore is no argument of a faithless minde . a third occasion of mens mis-judging themselves , as if they were faithless when they are not , is ; they fasten their cogitations upon the distrustful suggestions of the flesh , whereof finding great abundance in themselves , they gather thereby ; surely , unbelief hath full dominion , it , hath taken plenary possession of me ; if i were faithful it could not be thus . not marking the motions of the spirit , and of faith , because they lye buried and over-whelmed with the contrary : when notwithstanding , as the blessed apostle doth acknowledge , that the spirit groaneth , and that god heareth when we do not ; so there is no doubt , but that our faith may have , and hath her private operations secret to us , yet known to him by whom they are . tell this to a man that hath a minde deceived by too hard an opinion of himself , and it doth but augment his grief : he hath his answer ready , will you make me think otherwise than i finde , than i feel in my self ? i have throughly considered , and exquisitely sifted all the corners of my heart , and i see what there is ; never seek to perswade me against my knowledge , i do not , i know i do not believe . well , to favour them a little in their weakness : let that be granted which they do imagine ; be it that they be faithless and without belief . but are they not grieved for their unbelief ? they are . do they not wish it might , and also strive that it may be otherwise ? we know they do . whence commeth this , but from a secret love and liking which they have of those things that are believed ? no man can love things which in his own opinion are not . and if they think those things to be , which they shew that they love when they desire to believe them ; then must it needs be , that by desiring to believe , they prove themselves true believers : for without faith , no man thinketh that things believed are . which argument all the subtilty of infernal powers will never be able to dissolve . the faith therefore of true believers , though it hath many and grievous down-falls , yet doth it still continue invincible ; it conquereth , and recovereth it self in the end . the dangerous conflicts whereunto it is subject , are not able to prevail against it . the prophet habakkuk remained faithful in weakness , though weak in faith. it is true , such is our weak and wavering nature , we have no sooner received grace , but we are ready to fall from it ; we have no sooner given our assent to the law that it cannot fall , but the next conceit which we are ready to embrace , is , that it may , and that it doth fail . though we finde in our selves a most willing heart to cleave unseparably unto god , even so farr as to think unfeignedly with peter , lord , i am ready to go with thee into prison and to death : yet how soon , and how easily , upon how small occasions are we changed , if we be but a while let alone , and left unto our selves ? the galatians to day , for their sakes which teach them the truth of christ , are content ; if need were , to pluck out their own eyes , and the next day ready to pluck out theirs which taught them . the love of the angel to the church of ephesus , how greatly enflamed , and how quickly slacked ? the higher we flow , the nearer we are unto an ebb , if men be respected as mere men , according to the wonted course of their alterable inclination , without the heavenly support of the spirit . again , the desire of our ghostly enemy is so incredible , and his means so forcible to over-throw our faith , that whom the blessed apostle knew betrothed and made hand-fast unto christ , to them he could not write but with great trembling : i am jealous over you with a godly jealousie , for i have prepared you to one husband , to present you a pure virgin unto christ : but i fear , lest at the serpent beguiled eve through his subtilty , so your mindes should be corrupted from the simplicity which is in christ. the simplicity of faith which is in christ , taketh the naked promise of god , his bare word , and on that it resteth . this simplicity the serpent laboureth continually to pervert , corrupting the mind with many imaginations of repugnancy and contrariety between the promise of god and those things which sense or experience , or some other fore-conceived perswasion hath imprinted . the word of the promise of god unto his people , is , i will not leave thee , nor forsake thee : upon this the simplicity of faith resteth , and is not afraid of famine . but mark how the subtilty of satan did corrupt the mindes of that rebellious generation , whose spirits were not faithful unto god. they beheld the desolate state of the desart in which they were , and by the wisdom of their sense concluded the promise of god to be but folly : can god prepare a table in the wildernesse ? the word of the promise to sarah , was , thou shalt bear a son. faith is simple , and doubteth not of it : but satan , to corrupt this simplicity of faith , entangleth the mind of the woman with an argument drawn from common experience to the contrary : a woman that is old ; sarah , now to be acquainted again with forgotten passions of youth ! the word of the promise of god by moses and the prophets , made the saviour of the world so apparent unto philip , that his simplicity could conceive no other messias than iesus of nazareth the son of ioseph . but to stay nathaniel , left being invited to come and see , he should also believe , and so be saved , the subtilty of satan casteth a mist before his eyes , putteth in his head , against this , the common conceived perswasion of all men concerning nzaareth ; is it possible that any good thing should come from thence ? this stratagem he doth use with so great dexterity , that the minds of all men are so strangely bewitched with it , that it bereaveth them for the time of all perceivance of that which should relieve them and be their comfort ; yea , it taketh all remembrance from them , even of things wherewith they are most familiarly acquainted . the people of israel could not be ignorant , that he which led them through the sea , was able to feed them in the des●rt : but this was obliterated , and put out by the sense of their present want . feeling the hand of god against them in their food , they remember not his hand in the day that he delivered them from the hand of the oppressour , sarah was not then to learn , that with god all things were possible . had nathaniel never noted how god doth chuse the base things if this world to disgrace them that are most honourably esteemed ? the prophet habakkuk knew , that the promises of grace , protection and favour which god in the law doth make unto his people , do not grant them any such immunity as can free and exempt them from all chastisements , he knew , that , as god said , i will continue for ever my mercy towards them ; so he likewise said , their transgressions i will punish with a rod : he knew , that it could not stand with any reason , we should set the measure of our own punishments , and prescribe unto god how great , or how long , our sufferings shall be ; he knew , that we were blind , and altogether ignorant what is best for us ; that we sue for many things very unwisely against our selves , thinking we ask fish , when indeed we crave a serpent : he knew , that when the thing we ask is good , and ye : god seemeth slow to grant it ; he doth not deny , but deferr our petitions , to the end we might learn to desire great things greatly : all this he knew . but beholding the land which god had severed for his own people , and seeing it abandoned unto heathen nations ; viewing how reproachfully they did tread it down , and wholly make havock of it at their pleasure ; beholding the lords own royal seat made an heap of stones , his temple defiled , the carkasles of his servants cast out for the fowls of the air to devour , and the flesh of his meek ones for the beasts of the fields to feed upon ; being conscious to himself how long and how earnestly he had cryed , succou●●● , o god of our well-fare , for the glory of thine own name ; and feeling that their sore was still encreased ; the conceit of repugnancy between this which was objected to his eyes , and that which faith , upon promise of the law , did look for , made so deep an impression , and so strong , that he disputeth not the matter , but without any further inquiry or search , inferreth as we see : the law doth fail . of us who is here , which cannot very soberly advice his brother ? sir , you must learn to strengthen your faith by that experience which heretofore you have had of god's great goodness towards you , per ea quae agnoscas praestita , discas sperare promissa ; by those things which you have known performed , learn to hope for those things which are promised . doe you acknowledge to have received much ? let that make you certain to receive more : habenti debitur , to him that hath , more shall be given . when you doubt what you shall have , search what you have had at god's hands . make this reckoning , that the benefits which he hath bestowed , are bills obligatory and sufficient sureties that he will bestow further . his present mercy is full a warrant of his future love , because whom he loveth , he loveth unto the end . is it not thus ? yet if we could reckon up as many evident , clear , undoubted signs of god's reconciled love towards us , as there are years , yea dayes , yea hours past over our heads ; all these set together have no such force to confirm our faith , as the loss , and sometimes the onely fear of losing a little transitory goods , credit , honour , or favour of men , a small calamity , a matter of nothing to breed a conceit , and such a conceit as is not easily again removed ; that we are clean crost out of god's hook , that he regards us not , that he looketh upon others , but passeth by us like a stranger , to whom we are not known . then we think , looking upon others , and comparing them with our selves ; their tables are furnished day by day , earth and ashes are our bread : they sing to the lute , and they see their children dance before them ; our hearts are heavy in our bodies as lead , our sighs beat as thick as a swift pulse , our tears do wash the beds wherein we lye : the sun shineth fair upon their fore-heads ; we are hanged up like bottles in the smoak , cast into corners like the sherds of a broken pot : tell not us of the promises of god's favour , tell such as do reap the fruit of them ; they belong not to us , they are made to others : the lord be merciful to our weakness , but thus it is . well , let the frailty of our nature , the subtilty of satan , the force of our deceivable imaginations be , as we cannot deny , but they are things that threaten every moment the utter subversion of our faith ; faith notwithstanding is not hazarded by these things . that which one sometimes told the senators of rome , ego sic existimabam , p. c. ●ntipatrem sape meum praedicantem eudiveram , qui vestram amicitia●s diligenter colerent , cos multum laborem suscipere , caeterùm ex omnibus maxime tutos esse : as i have often heard my father acknowledge , so i my self did ever think , that the friends and favourers of this state charged themselves with great labour , but no man's condition so safe as theirs ; the same we may say a great deal more justly in this case : our fathers and prophets , our lord and master hath full often spoken , by long experience we have found it true ; as many as have entred their names in the mystical book of life , cos maximum si laborem suscipere , they have taken upon them a laboursome , a toylsome , a painful profession , sed omnium maximè tutos esse , but no man's security like to theirs . simon , simon , satan hath desired to win now thee as wheat ; here is our toyl : but i have prayed for thee , that thy faith fail not , this is our safety . no man's condition sure as ours : the prayer of christ is more than sufficient both to strengthen us , be we never so weak : and to overthrow all adversary power , be it never so strong and potent . his prayer must not exclude out labour : their thoughts are vain , who think that their watching can preserve the city which god himself is not willing to keep . and are not theirs as vain , who think that god will keep the city , for which they themselves are not careful to watch ? the husband-man may not therefore burn his plough , nor the merchant forsake his trade , because god hath promised , i will not forsake thee . and do the promises of god concerning our stability , think you , make it a matter indifferent for us , to use , or not to use the means whereby to attend , or not to attend to reading ? to pray , or not to pray , that we fall not into temptations ? surely , if we look to stand in the faith of the sons of god , we must hourly , continually be providing and setting our selves to strive . it was not the meaning of our lord and saviour in saying , father keep them in thy name , that we should be careless to keep our selves . to our own safety , our own sedulity is required . and then blessed for ever and ever be that mothers child , whose faith hath made him the child of god. the earth may shake , the pillars of the world may tremble under us : the countenance of the heaven may be appaled , the sun may lose his light , the moon her beauty , the stars their glory : but concerning the man that trusteth in god , if the fire have proclaimed it self unable , as much as to singe a hair of his head ; if lyons , beasts ravenous by nature , and keen with hunger , being set to devour , have , as it were , religiously adored the very flesh of the faithful man , what is there in the world that shall change his heart , over-throw his faith , alter his affection towards god , or the affection of god to him ? if i be of this note ; who shall make a separation between me and my god ? shall tribulation , or anguish , or persecution , or famine , or nakedness , or peril , or sword ? no , i am perswaded , that neither tribulation , nor anguish , nor persecution , or famine , nor nakedness , nor peril , nor sword , nor death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall ever prevail so far over me . i know in whom i have believed ; i am not ignorant whose precious blood hath been shed for me ; i have a shepheard full of kindness , full of care , and full of power , unto him i commit my self , his own finger hath engraven this sentence in the tables of my heart : satan hath desired to winnow thee as wheat , but i have prayed that thy faith fail not : therefore the assurance of my hope i will labour to keep as a jewel unto the end ; and by labour , through the gracious mediation of his prayer , i shall keep it . to the worshipful mr. george summaster , principal of broad-gates hall in oxford , henry iackson wisheth all happiness . sir , your kinde acceptance of a former testification of that respect i owe you , hath made me venture to sh●w the world these godly sermons under your name . in which , as every point is worth observation , so some especially are to be noted , the first , that , as the spirit of prophesie is from god himself , who doth inwardly heat and enlighten the hearts and mindes of his holy pen-men , ( which if some would diligently consider , they would not puzzle themselves with the contentions of scot , and thomas , whether god only , or his ministring spirits , do infuse into men's mindes prophetical revelations , per species intelligibiles ) so god framed their words also . whence he holy father st. augustine religiously observeth , that all those who understand the sacred writers , will also perceive , that they ought not to use other words than they did , in expressing those heavenly mysteries which their hearts conceived , as the blessed virgin did our saviour , by the holy ghost , the greater is castell-o his offence , who hath laboured to teach the prophets to speak otherwise than they have already . much like to that impious king of spain , alphonsus the tenth , who found fault with god's works , si , inquit , creationi assuissiem . mundum melius ordinassem , if he had been with god at the creation of the world , the world had gone better than now it doth . as this man found fault with god's works , so did the other with god's words ; but , because we have a most sure word of the prophets , to which we must take heed , i will let his words pass with the winde , having elsewhere spoken to you more largely of his errours , whom notwithstanding for his other excellent parts , i much respect . you shall moreover from hence understand , how christianity consists not in formal and seeming purity ( under which , who knows not notorious villany to m●sk ? ) but in the heart root . whence the author truly teacheth , that mockers , which use religious as a cloak , to put off and on ; as the weather serveth , are worse than pagans and infidels . where i cannot omit to shew , how justly this kinde of men hath been reproved by that renowned martyr of jesus christ , e. latimer , both because it will be opposite in this purpose , and also free that christian worthy from the slanderous reproaches of him , who was , if ever any , a mo●ker of god , religion , and all good men . but first i must desire you , and in you all readers , not to think lightly of that excellent man , for using this and the like witty similitudes in his sermons . for whosoever will call to minde , with what riff-raff god's people were fed in those days , when their priests , whose lips should have preserved knowledge , preached nothing else but dreams and false miracles of counterfeit saints , enrolled in that s●ttish legend coyned and amplified by a drousie head , between sleeping and waking . he that will consider this , and also how the people were delighted with such toys ( god sending them strong delusions that they should believe lyes ) and how hard it would have been for any man , wholly , and upon the sudden , to draw their mindes to another bent , will easily perceive , both how necessary it was to use symbolical discourse , and how wisely and moderately it was applied by the religious father , to the end he might lead their understanding so far , till it were so convinced , informed , and setled , that it might forget the means and way by which it was led , and think only of that it had acquired far in all such mystical speeches who knows not that the end for which they are used is only to be thought upon ? this then being first considered ▪ let us hear the story , as it is related by mr. fox : mr. latuner ( saith he in his sermon gave the people certain cards out of the fifth , sixth , and seventh chapters of matthew . for the chief triumph in the cards be limited the heart , as the principal thing that they should serve god withal , whereby he quite overthrew all hypocritical and external ceremonies , not tending to the necessary furtherance of god's holy word and sacraments . by this , he exhorted all men to serve the lord with inward heart , and true affection , and not with outward ceremonies ; adding moreover to the praise of that triumph , that though it were never so small , yet it would take up the best coat-card beside in the bunch , yea , though it were the king of clubs , &c. meaning thereby , how the lord would be worshipped and served in simplicity of the heart , and verity , wherein consisteth true christian religion , &c. thus master fox . by which it appears , that the holy man's intention was to lift up the peoples hearts to god , and not that he made a sermon of playing at cards , and taught them how to play at triumph , and plaid ( himself ) at cards in the pulpit , as that base companion a parsons reports the matter , in his wonted scurrilous vein of railing , whence he calleth it a b christmas-sermon . now he that will think ill of such allusions , may , out of the abundance of his folly , jest at demosthenes for his story of the c sheep , wolves , and doggs ; and d menenius , for his fiction of the belly . but , hinc illae lacrymae , the good bishop meant that the romish religion came not from the heart , but consisted in outward ceremonies : which sorely grieved parsons , who never had the least warmth or spark of honesty . whether b. latimer compared the bishops to the knave of clubs , as the fellow interprets him , i know not : i am sure parsons , of all others , deserved those colours ; and so i leave him . we see then , what inward purity is required of all christians , which if they have , then in prayer , and all other christian duties , they shall lift up pure hands , as the e apostle speaks , not as f baronius would have it , washed from sins with holy water ; but pure , that is , holy , free from the pollution of sin , as the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth signifie . you may also see here refused those calumnies of the papists ; that we abandon all religious rites , and godly duties , as also the confirmation of our doctrine touching certainty of faith ( and so of salvation ) which is so strongly denied by some of that faction , that they have told the world , g s. paul himself was uncertain of his own salvation . what then shall we say , but pronounce a wo to the most strict observers of st. francis rules , and his canonical discipline ( though they make him even h equal with christ ) and the most meritorious monk that ever was registred in their kalender of saints ? but we , for our comfort , are otherwise taught out of the holy scripture , and therefore exhorted to build our selves in our most holy faith , that so , when i our earthly house of this tabernacle shall be destroyed , we may have a building given of god , a house not made with hands , but eternal in the heavens . this is that which is most piously and feelingly taught in these few leaves , so that you shall read nothing here , but what , i perswade my self , you have long practi●ed in the constant course of your life . it remaineth only , that you accept of these labours tendred to you by him , who wisheth you the long joys of this world , and the eternal of that which is to come . oxon. from corp. christi colledge , this . of ianuary , . two sermons upon part of saint judes epistle . the first sermon . epist. jude , verse , , , , . but ye , beloved , remember the words which were spoken before of the apostles of our lord iesus christ : how that they told you , that there should be mockers in the last time , which should walk after their own ungodly lusts . these are makers of sects , fleshly , having not the spirit . but ye , beloved , edifie your selves in your most holy faith , praying in the holy ghost . and keep your selves in the love of god , looking for the mercy of our lord iesus christ , unto eternal life . the occasions whereupon , together with the end wherefore , this epistle was written , is opened in the front and entry of the same . there were then , as there are now , many evil and wickedly disposed persons , not of the mystical body , yet within the visible bounds of the church , men which were of old ordained to condemnation , ungodly men , which turned the grace of our god into wantonness , and denyed the lord jesus . for this cause the spirit of the lord is in the hand of iude , the servant of iesus , and brother of iames , to exhort them that are called , and sanctified of god the father , that they would earnestly contend to maintain the faith , which was once delivered unto the saints . which faith , because we cannot maintain , except we know perfectly ; first , against whom ; secondly , in what sort it must be maintained ; therefore in the former three verses of that parcel of scripture which i have read , the enemies of the crosse of christ are plainly described ; and in the latter two , they that love the lord jesus , have a sweet lesson given them , how to strengthen and stablish themselves in the faith. let us first therefore examine the description of these reprobates concerning faith ; and afterwards come to the words of the exhortation ; wherein christians are taught how to rest their hearts on god's eternal and everlasting truth . the description of these godless persons is two-fold , general , and special . the general doth point them out , and shew what manner of men they should be . the particular pointeth at them , and saith plainly , these are they . in the general description , we have to consider of these things : first , when they were described , they were told of before . secondly , the men by whom they were described , they were spoken of by the apostles of our lord iesus christ. thirdly , the days , when they should be manifest unto the world , they told you , they should be in the last time . fourthly , their disposition and whole demeanour , mockers , and walkers after their own ungodly lusts . . in the third to the philippians , the apostle describeth certain : they are men , ( saith he ) of whom i have told you often , and now with tears i tell you of them , their god is their belly , their glory and rejoycing is in their own shame , they minde earthly things . these were enemies of the crosse of christ , enemies whom he saw , and his eyes gusht out with tears to behold them . but we are taught in this place , how the apostles spake also of enemies , whom as yet they had not seen , described a family of men as yet unheard of , a generation reserved for the end of the world , and for the last time ; they had not only declared what they heard and saw in the days wherein they lived , but they have prophesied also of men in time to come . and you do well ( said st. peter ) in that ye take heed to the words of prophesie , so that ye first know this , that no prophesie in the scripture cometh of any man 's own resolution . no prophesie in scripture cometh of any man 's own resolution : for all prophesie , which is in scripture , came by the secret inspiration of god. but there are prophesies which are no scripture ; yea , there are prophesies against the scripture . my brethren , beware of such prophesies , and take heed you heed them not . remember the things that were spoken of before ; but spoken of before by the apostles of our lord and saviour jesus christ. take heed to prophesies , but to prophesies which are in scripture ; for both the manner and matter of those prophesies do shew plainly , that they are of god. . touching the manner , how men , by the spirit of prophesie in holy scripture , have spoken and written of things to come , we must understand , that , as the knowledge of that they spake , so likewise the utterance of that they knew , came not by these usual and ordinary means , whereby we are brought to understand the mysteries of our salvation , and are wont to instruct others in the same . for whatsoever we know , we have it by the hands and ministry of men , which lead us along like children , from a letter to a syllable , from a syllable to a word , from a word to a line , from a line a to a sentence , from a sentence to a side , and so turn over . but god himself was their instructor , he himself taught them , partly by dreams and visions in the night , partly by revelations in the day , taking them aside from amongst their brethren , and talking with them , as a man would talk with his neighbour in the way . this they became acquainted even with the secret and hidden counsels of god , they saw things , which themselves were not able to utter , they behold that whereat men and angels are astonished . they understood in the beginning , what should come to passe in the last dayes . . god , which lightned thus the eyes of their understanding , giving them knowledge by unusual and extraordinary means , did also miraculously himself frame and fashion their words and writings , in so much that a greater difference there seemeth not to be between the manner of their knowledge , than there is between the manner of their speech and ours . when we have conceived a thing in our hearts , and throughly understand it , as we think , within our selves ; ●re we can utter in such sort , that our brethren may receive instruction or comfort at our mouths , how great , how long , how earnest meditation are we forced to use ? and after much travail , and much pains , when we open our lips to speak of the wonderful works of god , our tongues do faulter within our mouths , yea many times we disgrace the dreadful mysteries of our faith , and grieve the spirit of our hearers by words unsavoury , and unseemly speeches : shall a wise-man fill his belly with the eastern winde , saith eliphaz ? shall a wise-man dispute with words not comely ? or with talk that is not profitable ? yet behold , even they that are wisest amongst us living , compared with the prophets , seem no otherwise to talk of god , than as if the children which are carried in arms , should speak of the greatest matters of state. they whose words do most shew forth their wise understanding , and whose lips do utter the purest knowledge , so long as they understand and speak as men , are they not fain sundry ways to excuse themselves ? sometimes acknowledging with the wise-man , hardly can we discern the things that are on earth , and with great labour finde we out the things that are before us . who can then seek out the things that are in heaven ? sometimes confessing with iob the righteous , in treating of things too wonderful for us , we have spoken we wist not what . sometimes ending their talk , as doth the history of the macchabees ; if we have done well , and as the cause required , it is that we desire ; if we have spoken slenderly and barely , we have done we could . but god hath made my mouth like a sword , saith esay . and we have received , saith the apostle , not the spirit of the world , but the spirit which is of god , that we might know the things that are given to us of god , which things also we speak , not in words , which man's wisdom teacheth , but which the holy ghost doth teach . this is that which the prophets mean by those books written full within , and without ; which books were so often delivered them to eat , not because god fed them with ink and paper , but to teach us , that so oft as he imployed them in this heavenly work , they neither spake nor wrote any word of their own , but uttered syllable by syllable as the spirit put it into their mouths , no otherwise than the harp or the lute doth give a sound according to the discretion of his hands that holdeth and striketh it with skill . the difference is only this : an instrument , whether it be a pipe or harp , maketh a distinction in the times and sounds , which distinction is well perceived of the hearer , the instrument it self understanding not what is piped or harped . the prophets and holy men of god , not so : i opened my mouth , saith ezekiel , and god reached me a scroul , saying , son of man , cause thy belly to eat , and fill thy bowels with this i give thee ; i ate it , and it was sweet in my mouth as honey , saith the prophet . yea sweeter , i am perswaded , than either honey or the honey comb . for herein they were not like harps or lutes , but they felt , they felt , the power and strength of their own words . when they spake of our peace , every corner of their hearts was filled with joy . when they prophesied of mournings , lamentations , and woes to fall upon us , they wept in the bitterness and indignation of spirit , the arm of the lord being mighty and strong upon them . . on this manner were all the prophesie of holy scripture . which prophesies , although they contain nothing which is not profitable for our instruction , yet as one star differeth from another in glory , so every word of prophesie hath a treasure of matter in it , but all matters are not of like importance , as all treasures , are not of equal price . the chief and principal matter of prophesie is the promise of righteousness , peace , holiness , glory , victory , immortality , unto every soul which believeth , that jesus is christ , of the iew first , and of the gentile . now because the doctrine of salvation to be looked for by faith in him , who was in outward appearance as it had been a man forsaken of god ; in him who was numbred , judged , and condemned with the wicked ; in him whom men did see busseted on the face , scofft at by souldiers , scourged by tormentors , hanged on the cross , pierced to the heart ; in him whom the eyes of many witnesses did behold , when the anguish of his soul enforced him to roar , as if his heart had rent in sunder ; o my god , my god , why hast thou forsaken me ? i say , because the doctrine of salvation by him , is a thing improbable to a natural man , that whether we preach to the gentile , or to the jew , the one condemneth our faith as madnesse , the other as blasphemy ; therefore to establish , and confirm the certainty of this saving truth in the hearts of men , the lord , together with their preachings , whom he sent immediately from himself to reveal these things unto the world , mingled prophesies of things , both civil and ecclesiastical , which were to come in every age from time to time , till the very last of the latter dayes , that by those things wherein we see daily their words fulfilled and done , we might have strong consolation in the hope of things which are not seen , because they have revealed as well the one as the other . for when many things are spoken of before in scripture , whereof we see first one thing accomplished , and then another , and so a third , perceive we not plainly , that god doth nothing else but lead us along by the hand , till he have settled us upon the rock of an assured hope , that not one jot or tittle of his word shall pass till all be fulfilled ? it is not therefore said in vain , that these godless wicked ones were spoken of before . . but by whom ? by them whose words , if men or angels from heaven gainsay , they are accursed ; by them , whom whosoever despiseth , despiseth not them , but me , saith christ. if any man therefore doth love the lord jesus ( and wo worth him that loveth not the lord jesus ! ) hereby we may know that he loveth him indeed , if he despise not the things that are spoken of by his apostles ; whom many have despised even for the baseness and simpleness of their persons . for it is the property of fleshly and carnal men to honour and dishonour , credit and discredit the words and deeds of every man , according to that he wanteth or hath without . if a man with gorgeous apparel come amongst us , although he be a thief or a murtherer ( for there are thieves and murtherers in gorgeous apparel ) be his heart whatsoever , if his coat be of purple , or velvet , or tissue , every one riseth up , and all the reverend solemnities we can use , are too little . but the man that serveth god , is contemned and despised amongst us for his poverty . herod speaketh in judgement , and the people cry out , the voyce of god , and not of man. paul preacheth christ , they term him a trifler . hearken , beloved : hath not god chosen the poor of this world , that they should be rich in faith. hath he not chosen the reffuse of the world to be heirs of his kingdom , which he hath promised to them that love him ? hath he not chosen the off-scowrings of men to be the lights of the world , and the apostles of jesus christ ? men unlearned , yet how fully replenished with understanding ? few in number , yet how great in power ? contemptible in shew , yet in spirit how strong ? how wonderful ? i would fai●● learn the mystery of the eternal generation of the son of god , saith hilary . whom shall i seek ? shall i get me to the schools of the grecians ? why ? i have read , ubi sapiens ? ubi scriba ? ubi conquisitor hujus saculi ? these wise-men in the world must needs be dumbe in this , because they have rejected the wisdom of god. shall i beseech the scribes and interpreters of the law , to become my teachers ? how can they know this , sith they are offended at the cross of christ ? it is death for me to be ignorant of the unsearchable mystery of the son of god : of which mystery notwithstanding i should have been ignorant , but that a poor fisher-man , unknown , unlearned , new come from his boat , with his cloaths wringing-wet , hath opened his mouth and taught me , in the beginning was the word , and the word was with god , and the word was god. these poor silly creatures have made us rich in the knowledge of the mysteries of christ. . remember therefore that which is spoken of by the apostles ; whose words , if the children of this world do not regard , is it any marvail ? they are the apostles of our lord jesus ; not of their lord , but of ours . it is true which one hath said in a certain place , apostolicam sidem seculi homo non capit , a man sworn to the world , is not capable of that faith which the apostles do teach . what mean the children of this world then to tread in the courts of our god ? what should your bodies do at bethel , whose hearts are at bethaven ? the god of this world , whom ye serve , hath provided apostles and teachers for you , chaldeans , wizzards , sooth-sayers , astrologers , and such like : hear them . tell not us , that ye will sacrifice to the lord our god , if we will sacrifice to ashtaroth or melcom ; that ye will read our scriptures , if we will listen to your traditions ; that if ye may have a mass by permission , we shall have a communion with good leave and liking ; that ye will admit the things that are spoken of by the apostles of our lord jesus , if your lord and master may have his ordinances observed , and his statutes kept . solomon took it ( as he well might ) for an evident proof , that she did not bear a motherly affection to her childe , which yielded to have it cut in divers parts . he cannot love the lord jesus with his heart , which lendeth one ear to his apostles , and another to false apostles : which can brook to see a mingle-mangle of religion and superstition , ministers and massing-priests , light and darkness , truth and error , traditions and scriptures . no ; we have no lord , but jesus ; no doctrine , but the gospel ; no teachers , but his apostles . were it reason to require at the hand of an english subject , obedience to the laws and edicts of the spaniards ? i do marvel , that any man bearing the name of a servant of the servants of jesus christ , will go about to draw us from our allegiance . we are his sworn subjects ; it is not lawful for us to hear the things that are not told us by his apostles . they have told us , that in the last days there shall be mockers ; therefore we believe it ; credimus quia legimus , we are so perswaded , because we read it must be so . if we did not read it , we would not teach it : nam qua libro legis non continentur , ea nec nosse debemus , saith hilary : those things that are not written in the book of the law , we ought not so much as to be acquainted with them . remember the words which were spoken of before , by the apostles of our lord iesus christ. . the third thing to be considered in the description of these men of whom we speak , is the time , wherein we should be manifested to the world. they told you , there should be mockers in the last time . noah at the commandement of god , built an ark , and there were in it beasts of all sorts , clean and unclean . a husbandman planteth a vineyard , and looketh for grapes , but when they come to the gathering , behold , together with grapes there are found also wilde grapes . a rich man prepareth a great supper , and biddeth many , but when he sitteth him down , he findeth amongst his friends here and there a man whom he knoweth not . this hath been the state of the church ●it hence the beginning . god always hath mingled his saints with faithless and godless persons , as it were the clean with the unclean , grapes with sowre grapes , his friends and children with aliens and strangers . marvel not then , if in the last dayes also ye see the men , with whom you live and walk arm in arm , laugh at your religion , and blaspheme that glorious name , whereof you are called . thus it was in the days of the patriarks and prophets ; and are we better than our fathers ? albeit we suppose , that the blessed apostles , in foreshewing what manner of men were set out for the last dayes , meant to note a calamity special and peculiar to the ages and generations , which were to come : as if he should have said ; as god hath appointed a time of seed for the sower , and a time of harvest for him that reapeth , as he hath given unto every herb and every tree his own fruit , and his own season , not the season nor the fruit of another ( for no man looketh to gather figgs in the winter , because the summer is the season for them ; nor grapes of thistles , because grapes are the fruit of the vine ) so the same god hath appointed sundry for every generation of them , other men for other times , and for the last times the worst men , as may appear by their properties , which is the fourth point to be considered of in this description . . they told you , that there should be mockers : he meaneth men that shall use religion as a cloak , to put off , and on , as the weather serveth ; such as shall , with herod , hear the preaching of iohn baptist to day , and to morrow condescend to have him beheaded ; or with the other herod , say , they will worship christ , when they purpose a massacre in their hearts , kiss christ with iudas , and betray christ with iudas . these are mockers . for ishmael the son of hagar laughed at isaac , which was heir of the promise ; so shall these men laugh at you as the maddest people under the sun , if ye be like moses , choosing rather to suffer affliction with the people of god , than to enjoy the pleasures of sinne for a season . and why ? god hath not given them eyes to see , nor hearts to conceive that exceeding recompence of your reward . the promises of salvation made to you are matters wherein they can take no pleasure , even as ishmael took no pleasure in that promise , wherein god had said unto abraham , in isaac shall thy seed be called ; because the promise concerned not him , but isaac . they are termed for their impiety towards god , mockers ; and for the impurity of their life and conversation , walkers after-their own ungodly lusts . saint peter , in his second epistle , and third chapter , soundeth the very depth of their impiety : shewing , first , how they shall not shame at the length to profess themselves prophane , and i●●eligious , by flat denying the gospel of jesus christ , and de●ding the sweet and comfortable promises of his appearing : secondly , that they shall not be onely de●iders of all religion , but also disputers against god , using . truth to subvert the truth : yea , scriptures themselves to disprove scriptures . being in this sort mockers , they must needs be also followers of their own ungodly lusts . being atheists in perswasion , can they choose but be beasts in conversation ? for why remove they quite from them the feat of god ? why take they such pains to abandon , and put out from their hearts all sense , all taste , all feeling of religion ? but onely to this end and purpose , that they may without inward remorse and grudging of conscience give over themselves to all uncleanness . surely the state of these men is more lamentable , than is the condition of pagans and turks . for at the bare beholding of heaven and earth , the infidel's heart by and by doth give him , that there is an eternal , infinite , immortal , and ever-living god ; whose hands have fashioned and framed the world ; he knoweth , that every house is builded of some man , though he see not the man which built the house ; and he considereth , that it must be god , which hath built and created all things ; although , because the number of his days be few , he could not see when god disposed his works of old , when he caused the light of his clouds first to shine , when he laid the corner-stone of the earth , and swadled it with bands of water and darkness , when he caused the morning-star to know his place , and made bars and doors to shut up the sea within his house , saying , hitherto shalt thou come , but no further : he hath no eye-witnesse of these things : yet the light of natural reason hath put this wisdom in his re●ns , and hath given his heart thus much understanding . bring a pagan to the schools of the prophets of god ; prophesie to an infidel , rebuke him , lay the judgements of god before him , make the secret sinnes of his heart manifest , and he shall fall down and worship god. they that crucified the lord of glory , were not so farr past recovery , but that the preaching of the apostles was able to move their hearts , and to bring them to this . men and brethren , what shall we doe ? agrippa , that sate in judgement against paul for preaching , yielded notwithstanding thus farr unto him , almost thou perswadest me to become a christian. although the jews for want of knowledge have not submitted themselves to the righteousnesse of god ; yet i bear them record , saith the apostle , that they have a zeal . the athenians , a people having neither zeal , nor knowledge , yet of them also the same apostle beareth witnesse , ye men of athens , i perceive ye are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , some way religious : but mockers , walking after their own ungodly lusts , they have smothered every spark of that heavenly light , they have stifled even their very natural understanding . o lord , thy mercy is over all thy works , thou savest man and beast ! yet a happy case it had been for these men , if they had never been born : and so i leave them . . saint iude having his minde exercised in the doctrine of the apostles of jesus christ , concerning things to come in the last time , became a man of wise and staid judgement . grieved he was , to see the departure of many , and their falling away from the faith , which before they did professe : grieved , but not dismayed . with the simpler and weaker sort it was otherwise : their countenance began by and by to change , they were half in doubt they had deceived themselves in giving credit to the gospel of jesus christ. saint iude , to comfort and refresh these silly babes , taketh them up in his armes , and sheweth them the men at whom they were offended . look upon them that forsake this blessed profession wherein you stand : they are now before your eyes ; view them , mark them , are they not carnal ? are they not like to noysom carrion cast out upon the earth ? is there that spirit in them which cryeth abba father in your bosoms ? why should any man be discomforted ? have you not heard , that there should be mockers in the last time ? these verily are they , that now do separate themselves . . for your better understanding , what this severing and separating of themselves doth mean , we must know , that the multitude of them which truly believe ( howsoever they be dispersed farr and wide each from other ) is all one body , whereof the head is christ ; one building , whereof he is the corner-stone , to whom they as the members of the body being knit , and as the stones of the building , being coupled , grow up to a man of perfect stature , and rise to an holy temple in the lord. that which linketh christ to us , is his mere mercy and love towards us . that which tyeth us to him , is our faith in the promised salvation revealed in the word of truth . that which uniteth and joyneth us amongst our selves , in such sort that we are now as if we had but one heart and one soul , is our love . who be inwardly in heart the lively members of this body , and the polished stones of this building , coupled and joyned to christ , as flesh of his flesh , and bones of his bones , by the mutual bond of his unspeakable love towards them , and their unseig●ed faith in him , thus linked and fastned each to other by a spiritual , sincere , and hearty affection of love , without any manner of simulation ; who be jewes within , and what their names be ; none can tell , save he whose eyes do behold the secret disposition of all mens hearts . we , whose eyes are too dim to behold the inward man , must leave the secret judgement of every servant to his own lord , accounting and using all men as brethren , both near and dear unto us , supposing christ to love them tenderly , so as they keep the profession of the gospel , and joyn in the outward communion of saints . whereof the one doth-warrantize unto us their faith , the other their love , till they fall away , and forsake either the one , or the other , or both ; and then it is no injury to term them as they are . when they separate themselves , they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not judged by us , but by their own doings . men do separate themselvs either by heresie , schism , or apostasie . if they lose the bond of faith , which then they are justly supposed to do , when they frowardly oppugn any principal point of christian doctrine , this is to separate themselves by heresie . if they break the bond of unity , whereby the body of the church is coupled and knit in one , as they doe which wilfully forsake all external communion with saints in holy exercises purely and orderly established in the church , this is to separate themselves by schism . if they willingly cast off , and utterly forsake both profession of christ , and communion with christians , taking their leave of all religion , this is to separate themselves by plain apostasie . and saint iude , to expresse the manner of their departure , which by apostasie fell away from the faith of christ , saith , they separated themselves ; noting thereby , that it was not constraint of others , which forced them to depart , it was not infirmity and weaknesse in themselves ; it was not fear of persecution to come upon them , whereat their hearts did fail ; it was not grief of torment , whereof they had tasted , and were not able any longer to endure them : no , they voluntarily did separate themselves with a fully settled , and altogether determined purpose , never to name the lord jesus any more , nor to have any fellowship with his saints , but to bend all their counsel , and all their strength , to raze out their memorial from amongst them . . now , because that by such examples , not onely the hearts of infidels were hardned against the truth , but the mindes of weak brethren also much troubled , the holy ghost hath given sentence of these backsliders , that they were carnal men , and had not the spirit of christ jesus , lest any man having an overweening of their persons , should be overmuch amazed and offended at their fall . for simple men , not able to discern their spirits , were brought by their apostasie , thus to reason with themselves , if christ be the sonne of the living god , if he have the words of eternal life , if he be able to bring salvation to all men that come unto him , what meaneth this apostasie , and unconstrained departure ? why do his servants so willingly forsake him ? babes , be not deceived , his servants forsake him not . they that separate themselves were amongst his servants , but if they had been of his servants , they had not separated themselves . they were amongst us , not of us , saith iohn ; and saint iude proveth it , because they were carnal , and had not the spirit . will you judge of wheat by chaff , which the winde hath scattered from amongst it ? have the children no bread , because the doggs have not tasted it ? are christians deceived of that salvation they look for , because they were denyed the joys of the life to come , which were no christians ? what if they seemed to be pillars and principal upholders of our faith ? what is that to us , which know that angels have fallen from heaven ? although if these men had been of us indeed ( o the blessedness of a christian man's estate ! ) they had stood surer than the angels that had never departed from their place . wherein now we marvel not at their departure at all , neither are we prejudiced by their falling away , because they were not of us , sith they are fleshly , and have not the spirit . children abide in the house for ever ; they are bond-men , and bond-women , which are cast out . . it behoveth you therefore greatly every man to examine his own estate , and to try whether you be bond or free , children or no children . i have told you already , that we must beware we presume not to sit as gods in judgement upon others , and rashly , as our conceit and fancy doth lead us so to determine of this man , he is sincere , or of that man , he is an hypocrite , except by their falling away they make it manifest and known that they are . for who art thou that takest upon thee to judge another before the time ? judge thyself . god hath left us infallible evidence , whereby we may at any time give true and righteous sentence upon our selves . we cannot examine the hearts of other men , we may our own . that we have passed from death to life we know it , saith st. iohn , because we love the brethren : and know ye not your own selves , how that iesus christ is in you , except you be reprobates ? i trust , beloved , we know that we are not reprobates , because our spirit doth bear us record , that the faith of our lord jesus christ is in us . . it is as easie a matter for the spirit within you to tell whose ye are , as for the eyes of your bodie to judge where you sit , or in what place you stand . for , what saith the scripture ? ye which were in times past strangers and enemies , because your mindes were set an evil works , christ hath now reconciled in the body of his flesh through death , to make you holy , and umblameable , and without fault in his sight : if you continue grounded and established in the faith , and be not moved away from the hope of the gospel , collos. . and in the third to the colossians , ye know , that of the lord ye shall receive the reward of that inheritance , for ye serve the lord christ. if we can make this account with our selves , i was in times past dead in trespasses and sinnes , i walked after the prince that ruleth in the ayr , and after the spirit that worketh in the children of disobedience , but god , who is rich in mercy , through his great love , wherewith he loved me , even when i was dead , hath quickned me in christ. i was fierce , heady , proud , high-minded ; but god hath made me like the childe that is newly weaned : i loved pleasures more than god , i followed greedily the joyes of this present world ; i esteemed him , that erected a stage or theatre , more than solomon , which built a temple to the lord ; the ha●p , viol , timbrel , and pipe , men-singers , and women-singers were at my feast ; it was my felicity to see my children dance before me : i said of every kinde of vanity , o how sweet art thou in my soul ! all which things now are crucified to me , and i to them : now i hate the pride of life , and pomp of this world ; now i take as great delight in the way of thy testimonies , o lord , as in all riches ; now i finde more joy of heart in my lord and saviour , than the worldly-minded-man , when his wheat and oyl do much abound : now i taste nothing sweet , but the bread which came down from heaven , to give life unto the world : now mine eys see nothing , but jesus rising from the dead : now my ears refuse all kinde of melody , to hear the song of them that hath gotten victory of the beast , and of his image , and of his mark , and of the number of his name , that stand on the sea of glass , having the harps of god , and singing the song of moses the servant of god , and the song of the lamb , saying , great and marvellous are thy works , lord god almighty , just and true are thy wayes , o king of saints . surely , if the spirit have been thus effectual in the secret work of our regeneration unto newness of life ; if we endeavour thus to frame our selves anew , then we may say boldly with the blessed apostle in the tenth to the hebrews , we are not of them which withdraw our selves to perdition , but which follow faith to the conservation of the soul. for they which fall away from the grace of god , and separate themselves unto perdition , they are fleshly and carnal , they have not god's holy spirit . but unto you , because ye are sons , god hath sent forth the spirit of his son into your hearts , to the end ye might know , that christ hath built you upon a rock unmoveable ; that he hath registred your names in the book of life ; that he hath bound himself in a sure and everlasting covenant , to be your god , and the god of your children after you , that he hath suffered as much , groaned as oft , prayed as heartily for you , as for peter , o father keep them in thy name ! o righteous father , the world hath not known thee , but i have known thee , and these have known that thou hast sent me . i have declared thy name unto them , and will declare it , that the love wherewith thou hast loved me , may be in them , and i in them . the lord of his infinite mercy give us hearts plentifully fraught with the treasure of this blessed assurance of faith unto the end . . here i must advertise all men , that have the testimony of god's holy fear within their breasts , to consider how unkindly and injuriously our own countrey-men and brethren have dealt with us by the space of four and twenty years , from time to time , as if we were the men of whom st. iude here speaketh ; never ceasing to charge us , some with scism , some with heresie , some with plain and manifest apostasie , as if we had clean separated our selves from christ , utterly forsaken god , quite abjured heaven , and trampled all truth and religion under our feet . against this third sort , god himself shall plead our cause in that day , when they shall answer us for these words , nor we them . to others , by whom we are accused for schism and heresie , we have often made our reasonable , and , in the sight of god , i trust , allowable answers . for in the way which they call heresie , we worship the god of our fathers , believing all things which are written in the law and the prophets . that which they call schism , we know to be our reasonable service unto god , and obedience to his voyce , which cryeth shrill in our ears , go out of babylon my people , that you be not partakers of her sinnes , and that ye receive not of her plagues . and therefore when they rise up against us , having no quarrel but this , we need not seek any farther for our apology , than the words of abiah to iereboam and his army , chron. . o ieroboam and israel , hear you me , ought you not to know , that the lord god of israel hath given the kingdom over israel to david for ever , even to him , and to his sons , by a covenant of salt ? that is to say , an everlasting covenant . jesuits and papists , hear ye me , ought you not to know , that the father hath given all power unto the son , and hath made him the onely head over his church , wherein he dwelleth as an husband-man in the midst of his vineyard , manuring it with the sweat of his own brows , not letting it forth to others ? for , as it is in the canticles , solomon had a vineyard in baalhamon , he gave the vineyard unto keepers , every one bringing forth the fruit thereof a thousand pieces of silver ; but my vineyard , which is mine , is before me , saith christ. it is true , this is meant of the mystical head set over the body , which is not seen . but as he hath reserved the mystical administration of the church invisible unto himself , so he hath committed the mystical government of congregations visible to the sonnes of david , by the same covenant ; whose sons they are , in the governing of the flock of christ , whomsoever the holy ghost hath set over them , to go before them , and to lead them in several pastures , one in this congregation , another in that ; as it is written , take heed unto your selves ; and to all the flock , whereof the holy ghost hath made you overseers , to feed the church of god , which he hath purchased with his own blood . neither will ever any pope or papist , under the cope of heaven , be able to prove the romish bishop's usurped supremacy over all churches , by any one word of the covenant of salt , which is the scripture . for the children in our streets do now laugh them to scorn , when they force , thou art peter ; to this purpose . the pope hath no more reason to draw the charter of his universal authority from hence , than the brethren had to gather by the words of christ , in the last of st. iohn , that the disciple , whom jesus loved , should not dye . if i will that he ●arry till i come , what is that to thee ? saith christ. straitways a report was raised amongst the brethren , that this disciple should not dye . yet jesus said not to him , he shall not dye ; but , if i will that he ●arry till i come , what is that to thee ? christ hath said in the sixteenth of st. matthew's gospel , to simon the son of ionas , i say to thee , thou art peter . hence an opinion is held in the world , that the pope is universal head of all churches . yet jesus said not , the pope is universal head of all churches ; but , ta es petrus , thou art peter . howbeit , as ieroboam , the son of nebat , the servant of solomon , rose up and rebelled against his lord , and there were gathered unto him vain men and wicked , which made themselves strong against roboam , the son of solomon , because roboam was but a childe , and tender-hearted , and could not resist them : so the son of perdition , and man of sin , being not able to brook the words of our lord and saviour jesus christ , which forbad his disciples to be like princes of nations , they bear rule that are called gracious , it shall not be so with you , hath risen up and rebelled against his lord ; and to strengthen his arm he hath crept into the houses almost of all the noblest families round about him , and taken their children from the cradle , to be his cardinals : he hath fawned upon the kings and princes of the earth , and by spiritual cozenage hath made them sell their lawful authority and jurisdiction , for titles of catholicus , christianissimus , defensor fidei , and such like ; he hath proclaimed sale of pardons , to inveigle the ignorant ; built seminaries to allure young men , desirous of learning ; erected stews , to gather the dissolute unto him . this is the rock whereupon his church is built . hereby the man is grown huge and strong , like the cedars , which are not shaken with the winde , because princes have been as children , over-tender hearted , and could not resist . hereby it is come to pass , as you see this day , that the man of sinne doth war against us , not by men of a language which we cannot understand , but he cometh as iereboam against iudah , and bringeth the fruit of our own bodies to eat us up , that the bowels of the childe may be made the mother's grave ; and hath caused no small number of our brethren to forsake their native countrey , and with all disloyalty to cast off the yoke of their allegiance to our dread soveraign , whom god in mercy hath set over them ; for whose safeguard , if they carried not the hearts of tygers in the bosomes of men , they would think the dearest blood in their bodies well spent . but now , saith abiah to ieroboam , ye think ye be able to resist the kingdom of the lord , which is in the hands of the sonnes of david . ye be a great multitude , the golden calves are with you , which ieroboam made you for gods : have ye not driven away the priests of the lord , the sons of aaron , and the levites , and have made you priests like the people of nations ? whosoever cometh with a young bullock , and seven rams , the same may be a priest of them that are no gods . if i should follow the comparison , and here uncover the cup of those deadly and ugly abominations wherewith this ieroboam , of whom we speak , hath made the earth so drunk , that it hath retled under us , i know your godly hearts would loath to see them . for my own part , i delight not to take in such filth ; i had rather take a garment upon my shoulders , and go with my face from them , to cover them . the lord open their eyes , and cause them , if it be possible , at the length to see , how they are wretched , and miserable , and poor , and blinde , and naked ! put it , o lord , in their hearts , to seek white rayment , and to cover themselves , that their filthy nakednesse may no longer appear ! for , beloved in christ , we bow our knees , and lift up our hands to heaven in our chambers secretly , and openly in our churches we pray heartily and hourly , even for them also : though the pope hath given out as a judge , in a solemn declaratory sentence of excommunication against this land , that our gracious lady hath quite abolished prayers within her realm ; and his scholars , whom he hath taken from the midst of us , have in their published writings charged us : nor onely nor to have any holy assemblies unto the lord for prayer , but to hold a common school of sinne and flattery ; to hold sacriledge to be god's service ; unfaithfulnesse , and breach of promise to god , to give it to a strumpet , to be a vertue ; to abandon fasting , to abhor confession , to mislike with penance ; to like well of usury ; to charge none with restitution ; to finde no good before god in single life ; not in no well-working , that all men , as they fall to us , are much worse , and more , than afore , corrupted . i do not add one word , or syllable , unto that which mr. bristow , a man both born and sworn amongst us , hath taught his hand to deliver to the view of all . i appeal to the conscience of every soul , that hath been truly converted by us , whether his heart were never raised up to god by our preaching ; whether the words of our exhortation never w●●●g any tear of a penitent heart from his eys ; whether his soul never reaped any joy , and comfort , any consolation in christ jesus by our sacraments , and prayers , and psalms , and thanksgiving ; whether he were never bettered , but always worsed by us . o merciful god! if heaven and earth in this case do not witness with us , and against them , let us be razed out from the land of the living ! let the earth on which we stand , swallow us quick , as it hath done corah , dathan , and abiram ! but if we belong unto the lord our god , and have not forsaken him : if our priests , the sons of aaron , minister unto the lord , and the levites in their office : if we offer unto the lord every morning and every evening the burnt-offerings , and sweet incense of prayers , and thanksgiving ; if the bread be set in order upon the pure table , and the candlestick of gold , with the lamps thereof , burn every morning ; that is to say , if amongst us god's blessed sacraments be duly administred , his holy word sincerely and daily preached ; if we keep the watch of the lord our god , and if ye have forsaken him : then doubt ye not , this god is with us as a captain , his priests with sounding trumpets must cry alarm against you ; o ye children of israel , fight not against the lord god of your fathers , for ye shall not prosper . the second sermon . epist. jude , verse , , , , . but ye , beloved , remember the words which were spoken before of the apostles of our lord iesus christ : how that they told you , that there should be mockers in the last time , which should walk after their own ungodly lusts . these are makers of sects , fleshly , having not the spirit . but ye , beloved , edifie your selves in your most holy faith , praying in the holy ghost . and keep your selves in the love of god , looking for the mercy of our lord iesus christ , unto eternal life . having otherwhere spoken of the words of saint iude , going next before , concerning mockers , which should come in the last time , and backsliders , which even then should fall away from the faith of our lord and saviour jesus christ ; i am now by the aide of almighty god , and through the assistance of his good spirit , to lay before you the words of exhortation , which i have read . . wherein first of all , whosoever hath an eye to see , let him open it , and he shall well perceive , how careful the lord is for his children , how desirous to see them profit and grow up to a manly stature in christ , how loath to have them any way mis-led , either by examples of the wicked , or by inticements of the world , and by provocation of the flesh , or by any other means forcible to deceive them , and likely to estrange their hearts from god. for god is not at that point with us , that he careth not whether we sink or swim . no , he hath written our names in the palm of his hand , in the signet upon his finger are we graven ; in sentences not onely of mercy , but of judgement also , we are remembred . he never denounceth judgments against the wicked , but he maketh some proviso for his children , as it were for some certain priviledged persons . touch not mine anointed , do my prophets no harm : hurt not the earth , nor the sea , nor the trees , till we have sealed the servants of god in their foreheads . he never speaketh of godless men , but he adjoyneth words of comfort , or admonition , or exhortation , whereby we are moved to rest and settle our hearts on him . in the second to timothy , the third chapter , evil men ( saith the apostle ) and deceivers shall wax worse and worse , deceiving , and bring deceived . but continue thou in the things which thou hast learned . and in the first ●● timothy , the sixt chapter , some ●●●● lusting after man ●● , have erred drown he faith ; and pearced , themselves thorg● with many ●●rrows ●●●● thou , o man of god , ●●y these ●●● things , and follow after righteousnesse , godlinesse , faith , love , patience , meeknesse . in the second to the thessalonians , the second chapter , they have not deceived the love of the truth , that they might be saved , god shall send them strong delusions , that they may believe lies . but we ought to give thanks alway to god for you , brethren , beloved of the lord , because god hath from the beginning chosen you to salvation , through sanctifications of the spirit , and faith in the truth . and in this epistle of st. iude , there shall come mockers in the last time , walking after their own ungodly lusts . but believed , edifie ye your selves in your most holy faith. . these sweet exhortations , which god putteth every where in the mouths of the prophets and apostles of jesus christ ; are evident tokens , that god sitteth nor in heaven carelesse and unmindful of our estate . can a mother forget her childe ? surely , a mother will hardly forget her childe . but if a mother be haply found unnatural and do forget the fruit of her own womb , yet god's judgements shew plainly , that he cannot forget the man whose heart he hath framed and fashioned a new , in simplicity and truth to serve and fear him . for when the wickednesse of man was so great , and the earth so filled with cruelties , that it could not stand with the righteousness of god any longer to forbear , wrathful sentences brake out from him , like wine from a vessel that hath no vent : my spirit ( saith he ) can struggle and strive no longer , an end of all flesh is come before me . yet then did noah finde grace in ● of the lord , i will establish my covenant with thee ( saith god ) thou shots go into the ark ; thou , and thy sons , and thy wife , and thy sons wives with thee . . do we not see what shift god doth make for lot , and for his family , in the ●● of genesis , lest the fiery destruction of the wicked should overtake him . over-night the angels make enquiry , what sons and daughters , or sons in law , what weal●● and substance he had . they charge him to carry out all , whatsoever thou hast in the city , bring it out . god seemeth to stand in a kinde of fear , lest some thing or other would be left behinde . and his will was , that nothing of that which he had , nor an hoof of any beast , not a thred of any garment , should be findged with that fire . i● the morning the angels fail not to call him up , and to hasten him forward , arise , take thy wife , and thy daughters which are here , that they be no● destroyed in the punishment of the city . the angels having spoken again and again . lot for all this lingereth out the time still , till at the length they were forced to take both him , and his wife , and his daughters by the arms , ( the lord being merciful unto him ) and to carry them forth , and set them without the city . . was there ever any father thus careful to save his childe from the ●lame ? a man would think , that now being spoken unto to escape for his life , and not to look behind him , nor to ●arry in the plain , but to hasten to the mountain , and there to save himself , he should do it gladly . yet behold , now he is so far off from a chearful and willing heart to do whatsoever is commanded him for his own weal , that he beginneth to reason the matter , as if god had mistaken one place for another , sending him to the ●● , when salvation was in the city . not , so , my lord , i beseech thee , behold , thy servant hath found grace in thy sight , and thou hast magnified thy mercy which thou hast shewed unto me in saving my life . i cannot escape in the mountain , lest some evil take me , and i dye . here is a city hard by , a small thing ; o , let me escape thither ( is it not a small thing ? ) and my soul shall live . well , god is contended to yield to any conditions , behold , i have recived thy request concerning this thing also , i will spare this city for which thou hast spoken ; haste thee ; save thee there ; for i can do nothing till thou come thither . . he could do nothing ! not because of the weaknesse of his strength ( for who is like unto the lord in power ? ) but because of the greatness of his mercy , which would not suffer him to lift up his arm against that city , nor to pour out his wrath upon that place ; where his righteous servant had a fancy to remain , and a desire to dwell . o the depth of the riches of the mercy and love of god! god is afraid to offend us , which are not afraid to displease him ! god can do nothing till he have saved us , which can finde in our hearts rather to do any thing than to serve him . it contenteth him not to exempt us , when the pit is digged for the wicked ; to comfort us at every mention which is made of reprobates and godlesse men ; to save us as the apple of his own eye , when fire cometh down from heaven to consume the inhabitants of the earth ; except every prophet , and every apostle , and every servant whom he sendeth forth , do come loaden with these or the like exhortations , o beloved , edifie your selves in your most holy faith , give your selves to prayer in the spirit , keep your selves in the love of god ; look for the mercy of our lord iesus christ unto eternal life . . edifie your selves . the speech is borrowed from material builders , and must be spiritually understood . it appeareth in the sixth of saint iohn's gospel by the jews , that their mouths did water too much for bodily food , our fathers , say they , did eat manna in the desart , as it is written , he gave them bread from heaven to eat ; lord , evermore give us of this bread ! our saviour , to turn their appetite another way , maketh them this answer , i am the bread of life ; he that cometh to me shall not hunger ; and he that believeth in me , shall never thirst . . an usual practice it is of satan , to cast heaps of worldly baggage in our way , that whilst we desire to heap up gold as dust , we may be brought at the length to esteem vilely that spiritual blisse . christ , in matth. . to correct this evil affection , putteth us in minde to lay up treasure for our selves in heaven . the apostle , ● tim. chapter . misliking the vanity of those women which attired themselves more costly than beseemed the heavenly calling of such as professed the fear of god , willeth them to cloath themselves with shamefastnesse , and modesty , and to put on the apparel of good works . taliter pigmentata , deum habehitis amatorem , saith tertullian . put on righteousnesse as a garment ; instead of civit , have faith , which may cause a savour of life to issue from you , and god shall be enamoured , he shall be ravished with your beauty . these are the ornaments , and bracelets , and jewels which inflame the love of christ , and set his heart on fire upon his spouse . we see how he breaketh out in the canticles at the beholding of this attire , how fair art thou , and how pleasant art thou , o my love , in these pleasures ! . and perhaps st. iude exhorteth us here not to build our houses , but our selves , foreseeing by the spirit of the almighty , which was with him , that there should be men in the last days like to those in the first , which should encourage and stir up each other to make brick , and to burn it in the fire , to build houses huge as cities , and towers as high as heaven , thereby to get them a name upon earth ; men that should turn out the poor , and the fatherless , and the widow , to build places of rest for dogs and swine in their rooms ; men that should lay houses of prayer even with the ground , and make them stables where god's people have worshipped before the lord. surely this is a vanity of all vanities , and it is much amongst men ; a special sicknesse of this age . what it should mean , i know not , except god have set them on work to provide fewel against that day when the lord jesus shall shew himself from heaven with his mighty angels in flaming fire . what good cometh unto the owners of these things , saith solomon , but onely the beholding thereof with their eyes ? martha , martha , thou busiest thy self about many things , one thing is necessary . ye are too busie , my brethren , with timber and brick ; they have chosen the better part , they have taken a better course that build themselves . ye are the temples of the living god , as god hath said , i will dwell in them , and will walk in them ; and they shall be my people , and i will be their god. . which of you will gladly remain , or abide in a mishapen , a ruinous , or a broken house ? and shall we suffer sinne and vanity to drop in at our eyes , and at our ears , and at every corner of our bodies , and of our souls , knowing that we are the temples of the holy ghost ? which of you receiveth a guest whom he honoureth , or whom he loveth , and doth not sweep his chamber against his coming ? and shall we suffer the chambers of our hearts and consciences to lye full of vomiting , full of filth , full of garbidge , knowing that christ hath said , i and my father will come and dwell with you ? is it meet for your oxen to lye in parlors , and your selves to lodge in cribs ? or is it seemly for your selves to dwell in your seiled houses , and the house of the almighty to lye waste , whose house ye are yourselves ; do not our eys behold , how god every day overtaketh the wicked in their journeys , how suddenly they pop down into the pit ? how god's judgements for their crimes come so swiftly upon them , that they have not the leisure to cry , alas ? how their life is cutt off like a thred in a moment ? how they passe like a shadow ? how they open their mouths to speak , and god taketh them even in the midst of a vain or an idle word ? and dare we for all this lye down , take our rest , eat our meat securely and carelesly in the midst of so great and so many ruines ? blessed and praised for ever and ever be his name , who perceiving of how senseless and heavy metal we are made , hath instituted in his church a spiritual supper , and an holy communion , to be celebrated often , that we might thereby be occasioned often to examine these buildings of ours , in what case they stand . for , sith god doth not dwell in temples which are unclean , sith a shrine cannot be a sanctuary unto him ; and this supper is received as a seal unto us , that we are his house and his sanctuary ; that his christ is as truly united to me , and i to him , as my arm is united and knit unto my shoulder ; that he dwelleth in me as verily , as the elements of bread and wine abide within me ; which perswasion , by receiving these dreadful mysteries , we profess our selves to have : a due comfort , if truly ; and if in hypocrisie , then wo worth us . therefore ere we put forth our hands to take this blessed sacrament , we are charged to examine and to try our hearts , whether god be in us of a truth or no : and if by faith and love unfeigned we be found the temples of the holy ghost , then to judge , whether we have had such regard every one to our building , that the spirit which dwelleth in us hath no way been vexed , molested and grieved ; or if it have , as no doubt sometimes it hath by incredulity , sometimes by breach of charity , sometimes by want of zeal , sometimes by spots of life , even in the best and most perfect amongst us ; ( for who can say his heart is clean ? ) o then to fly unto god by unfeigned repentance , to fall down before him in the humility of our souls , begging of him whatsoever is needful to repair our decays , before we fall into that desolation whereof the prophet speaketh , saying , thy breach is great like the sea , who can heal thee ? . receiving the sacrament of the supper of the lord after this sort ( you that are spiritual , judge what i speak ) is not all other wine like the water of merah , being compared to the cup , which we bless ? is not manna like to gall , and our bread like to manna ? is there not a taste , a taste of christ jesus , in the heart of him that eateth ? doth not he which drinketh , behold plainly in this cup , that his soul is bathed in the blood of the lamb ? o beloved in our lord and saviour jesus christ , if ye will taste how sweet the lord is , if ye will receive the king of glory , build your selves . . young men , i speak this to you ; for ye are his house , because by faith ye are conquerors over satan , and have overcome that evil . fathers , i speak it also to you ; ye are his house , because ye have known him , who is from the beginning . sweet babes , i speak it even to you also ; ye are his house , because your sinnes are forgiven you for his names sake . matrons and sisters , i may not hold it from you , ye are also the lord's building ; and as saint peter speaketh , heirs of the grace of life as well as we . though it be forbidden you to open your mouths in publick assemblies , yet ye must be inquisitive in things concerning this building , which is of god , with your husbands and friends at home ; not as delilah with sampson , but as sarah with abraham ; whose daughters ye are , whilst ye do well , and build your selves . . having spoken thus farr of the exhortation , as whereby we are called upon to edifie and build our selves ; it remaineth now , that we consider the things prescribed , namely , wherein we must be built . this prescription standeth also upon two points , the thing prescribed , and the adjuncts of the thing . and that is , our most pure and holy faith. . the thing prescribed is faith. for , as in a chain which is made of many links , if you pull the first , you draw the rest ; and , as in a ladder of many staves , if you take away the lowest , all hope of ascending unto the highest will be removed : so , because all the precepts and promises in the law , and in the gospel do hang upon this , believe ; and because the last of the graces of god doth so follow the first , that he glorifieth none , but whom he hath justified , nor justifieth any , but whom he hath called to a true , effectual , and lively faith in christ jesus ; therefore st. iude exhorting us to build our selves , mentioneth here expresly onely faith , as the thing wherein we must be edified ; for that faith is the ground and the glory of all the welfare of this building . . ye are not strangers and foreigners , but citizens with the saints , and of the houshold of god ( saith the apostle ) and are built upon the foundation of the prophets and apostles , iesus christ himself being the chief corner-stone , in whom all the building being coupled together , groweth unto an holy temple in the lord , in whom ye also are built together to be the habitation of god by the spirit . and we are the habitation of god by the spirit , if we believe ; for it is written , whosoever confesseth , that iesus is the sonne of god , in him god dwelleth , and he in god. the strength of this habitation is great , it prevaileth against satan , it conquereth sinne , it hath death in cerision ; neither principalities nor powers can throw it down ; it leadeth the world captive , and bringeth every enemy , that riseth up against it , to confusion and shame , and all by faith ; for this is the victory that overcommeth the world , even our faith. who is it that overcommeth the world , but he which believeth that jesus is the son of god ? . the strength of every building , which is of god , standeth not in any man's arms or leggs ; it is onely in our faith , as the valour of sampson lay only in his hair . this is the reason , why we are so earnestly called upon to edifie our selves in faith. not as if this bare action of our mindes , whereby we believe the gospel of christ , were able in itself , as of it self , to make us unconquerable , and invincible , like stones , which abide in the building for ever , and fall not out . no , it is not the worthiness of our believing , it is the vertue of him in whom we believe , by which we stand sure , as houses that are builded upon a rock . he is a wise-man , which hath builded his house upon a rock ; for he hath chosen a good foundation , and no doubt his house will stand ; but how shall it stand ; verily , by the strength of the rock which beareth it , and by nothing else . our fathers , whom god delivered out of the land of egypt , were a people that had no peers amongst the nations of the earth , because they were built by faith upon the rock , which rock is christ. and the rock ( saith the apostle , in the first to the corinthians , the tenth chapter ) did follow them . whereby we learn not onely this , that being built by faith on christ , as on a rock , and grafted into him as into an olive , we receive all our strength and fatness from him ; but also , that this strength and fatnesse of ours ought to be no cause why we should be high-minded , and not work out our salvation with a reverent trembling , and holy fear . for if thou boasteth thy self of thy faith , know this , that christ chose his apostles , his apostles chose not him ; that israel followed not the rock , but the rock followed israel ; and that thou bearest not the root , but the root thee . so that every heart must thus think , and every tongue must thus speak , not unto us , o lord , not unto us , nor unto any thing which is within us , but unto thy name onely , onely to thy name belongeth all the praise of all the treasures and riches of every temple which is of god. this excludeth all boasting and vaunting of our faith. . but this must not make us careless to edifie our selves in faith. it is the lord that delivereth mens souls from death , but not except they put their trust in his mercy . it is god that hath given us eternal life , but no otherwise than thus , if we believe in the name of the sonne of god ; for he that hath not the sonne of god , hath not life . it was the spirit of the lord which came upon sampson , and made him strong to tear a lyon , as a man would rend a kid ; but his strength forsook him , and he became like other men , when the razor had touched his head. it is the power of god whereby the faithful have subdued kingdoms , wrought righteousness , obtained the promises , stopped the mouths of lyons , quenched the violence of fire , escaped the edge of the sword : but take away their faith , and doth not their strength forsake them ? are they not like unto other men ? . if ye desire yet farther to know , how necessary and needful it is that we edifie and build up our selves in faith , mark the words of the blessed apostle , without faith it is impossible to please god. if i offer unto god all the sheep ●●d oxen that are in the world , if all the temples that were builded since the dayes of adam till this hour , were of my foundation ; if i break my very heart with calling upon god , and wear out my tongue with preaching ; if i sacrifice my body and my soul unto him , and have no faith , all this availeth nothing . without faith it is impossible to please god. our lord and saviour therefore being asked in the sixth of st. iohn's gospel , what shall we do that we might work the works of god ? maketh answer , this is the work of god , that ye believe in him whom he hath sent . . that no work of ours , no building of our selves in any thing can be available or profitable unto us , except we be edified and built in faith , what need we to seek about for long proof ? look upon israel , once the very chosen and peculiar of god , to whom the adoption of the faithful , and the glory of cherubims , and the covenants of mercy , and the law of moses , and the service of god , and the promises of christ were made impropriate , who not onely were the off-spring of abraham , father unto all them which do believe , but christ their off-spring , which is god to be blessed for evermore . . consider this people , and learn what it is to build your selves in faith. they were the lord's vine : he brought it out of egypt , he threw out the heathen from their places , that it might be planted ; he made room for it , and caused it to take root , till it had filled the earth ; the mountains were covered with the shadow of it , and the boughs thereof were as the goodly cedars ; she stretched out her branches unto the sea , and her boughs unto the river . but , when god having sent both his servants and his son to v●si●s this vine ; they neither spared the one , nor received the other , but stoned the 〈…〉 s , and crucified the lord of glory which came unto them ; then began the curse ●● god to come upon them , even the curse whereof the prophet david hath spoken , saying , let their table be made a snare , and a net , and a stumbling block , even for a recompence unto them : let their eyes be darkned , that they do not see , how down their backs for ever , keep them down . and sithence the hour that the measure of their infidelity was first made up , they have been spoiled with warrs , eaten up with piagues , spent with hunger and famine ; they wander from place to place , and are become the most ●ase and contemptible people that are under the sun. ephraim , which before was a terrour unto nations , and they trembled at his voyce , is now by infidelity so vile , that he seeme●h as a thing cast out to be trampled under mens feet . in the midst of these desolations they cry , retur● , we beseech thee , o god of hosts , look down from heaven , behold and visit their vine : but their very prayers are turned into sin , and their crys are no better than the lowing of ●easts before him . well , saith the apostle , by their anbelief they are broken off , and thou dost standby thy faith : behold therefore the bountifulness , and severity of god ; towards them severity , because they have fallen ; bountifulness towards thee , if thou continue in his bountifulness , or else thou shalt be cut off . if they forsake their unbelief ; and be grafted in again , and we at any time for the hardness of our hearts be broken off , it will be such a judgment as will amaze all the powers and principalities which are above . who hath searched the counsel of god concerning this secret ? and who doth not see , that infidelity doth threaten lo-ammi unto the gentiles , as it hath brought lo-ruchama upon the jews ? it may be that these words seem dark unto you . but the words of the apostle , in the eleventh to the romans , are plain enough , if god have not spared the natural branches , take heed , take heed lest he spare not thee : build thy self in faith. thus much of the thing which is prescribed , and wherein we are exhorted to edifie our selves . now consider the condition and properties which are in this place annexed unto faith. the former of them ( for there are but two ) is this , edifie your selves in your faith. . a strange , and a strong delusion it is wherewith the man of sin hath bewitched the world ; a forcible spirit of errour it must needs be which hath brought men to such a senseless and unreasonable perswasion as this is , not onely that men cloathed with mortality and sinne , as we our selves are , can do god so much service as shall be able to make a full and perfect satisfaction before the tribunal seat of god for their own sinnes ; yea , a great deal more than is sufficient for themselves : but also , that a man at the hands of a bishop or a pope , for such or such a price , may buy the over-plus of other mens merits , purchase the fruits of other men's labours , and build his soul by another man's faith . is not this man drowned in the gall of bitterness ? is his heart right in the sight of god ? can he have any part or fellowship with peter , and with the successors of peter , which thinketh so vilely of building the precious temples of the holy ghost ? let his money perish with him ; and he with it , because he judgeth that the gift of god may be sold for money . . but , beloved in the lord , deceive not your selves , neither suffer ye your selves to be deceived : ye can receive no more ease nor comfort for your souls by another man's faith , than warmth for your bodies by another man's cloaths ; or sustenance by the bread which another man doth eat . the just shall live by his own faith. let a saint , yea a martyr , content himself , that he hath cleansed himself of his own sins , saith tertullian : no saint or martyr can cleanse himself of his own sins . but if so be a saint or a martyr can cleanse himself of his own sins , it is sufficient that he can do it for himself . did ever any man by his death deliver another man from death , except onely the sonne of god ? he indeed was able to safe-conduct a thief from the cross to paradise : for to this end he came , that being himself pure from sinne , he might obey for sinners . thou which thinkest to do the like , and supposest that thou canst justifie another by thy righteousness , if thou be without sinne , then lay down thy life for thy brother ; dye for me . but if thou be a sinner , even as i am a sinner , how can the oyl of thy lamp be sufficient both for thee and for me ? virgins that are wise , get ye oyl , while ye have day , into your own lamps : for out of all peradventure , others , though they would , can neither give nor sell. edifie your selves in your own most holy faith . and let this be observed for the first property of that wherein we ought to edifie our selves . . our faith being such , is that indeed which st. iude doth here term faith ; namely , a thing most holy . the reason is this , we are justified by faith : for abraham believed , and this was imputed unto him for righteousness . being justified , all our iniquities are covered ; god beholdeth us in the righteousness which is imputed , and not in the sins which we have committed . . it is true , we are full of sin , both original and actual ; whosoever denieth it , is a double sinner , for he is both a sinner and a lyar. to deny sin , is most plainly and clearly to prove it , because he that saith he hath no sin , lyeth , and by lying proveth that he hath sin . . but imputation of righteousness hath covered the sins of every soul which believeth ; god by pardoning our sin , hath taken it away : so that now , although our transgressions be multiplied above the hairs of our head , yet being justified , we are as free , and as clear , as if there were no one spot or stain of any uncleanness in us . for it is god that justifieth ; and who shall lay any thing to the charge of god's chosen ? saith the apostle , in rom. . . now sin being taken away , we are made the righteousness of god in christ : for david speaking of this righteousness , saith , blessed is the man whose iniquities are forgiven . no man is blessed , but in the righteousness of god. every man whose sin is taken away , is blessed . therefore every man whose sin is covered , is made the righteousness of god in christ. this righteousness doth make us to appear most holy , most pure , most unblameable before him . . this then is the sum of that which i say , faith doth justifie , justification washeth away sin ; sin removed , we are cloathed with the righteousness which is of god ; the righteousness of god maketh us most holy . every of these i have proved by the testimony of god's own mouth . therefore i conclude , that faith is that which maketh us most holy , in consideration whereof , it is called in this place , our most holy saith . . to make a wicked and a sinful man most holy through his believing , is more than to create a world of nothing . our faith most holy ! surely , solomon could not shew the queen of sheba , so much treasure in all his kingdom , as is lapt up in these words . o that our hearts were stretched out like tenis , and that the eyes of our understanding were as bright as the sun , that we might thoroughly know the riches of the glorious inheritance of the saints , and what is the exceeding greatness of his power towards us , whom he accepteth for pure , and most holy , through our believing . o that the spirit of the lord would give this doctrine entrance into the slony and brazen heart of the jew , which followeth the law of righteousness , but cannot attain unto the righteousness of the law ! wherefore , saith the apostle , they seek righteousness , and not by faith ; wherefore they stumble at christ , they are bruised , shivered to pieces as a ship that hath run herself upon a rock . o that god would cast down the eyes of the proud , and humble the souls of the high-minded ! that they might at the length abhor the garments of their own flesh , which cannot hide their nakedness , and put on the faith of christ jesus , as he did put it on which hath said , doubtless i think all thing ; but loss , for the excellent knowledge-sake of christ iesus my lord , for whom i have counted all things loss , and do judge them to be dung , that i might win christ , and might be found in him , not having mine own righteousness , which is of the law , but that which is through the saith of christ , even the righteousness which is of god through faith . o that god would open the ark of mercy , wherein this doctrine lyeth , and set it wide before the eys of poor afflicted consciences , which fly up and down upon the water of their afflictions , and can see nothing but onely the gulf and deluge of their sinnes , wherein there is no place for them to rest their feet . the god of pity and compassion give you all strength and courage , every day , and every hour , and every moment , to build and edifie your selves in this most pure and holy faith . and thus much both of the thing prescribed in this exhortation , and also of the properties of the thing , build your selves in your most holy faith . i would come to the next branch , which is of prayer , but i cannot lay this matter out of my hands , till i have added somewhat for the applying of it , both to others , and to our selves . . for your better understanding of matters contained in this exhortation , build your selves , you must note , that every church and congregation doth consist of a multitude of believers , as every house is built of many stones . and although the nature of the mystical body of the church be such , that it suffereth no distinction in the invisible members , but whether it be paul or apollos , prince or prophet , he that is taught or he that teacheth , all are equally christ's , and christ is equally theirs : yet in the external administration of the church of god , because god is not the author of confusion , but of peace ; it is necessary that in every congregation there be a distinction , if not of inward dignity , yet of outward degree ; so that all are saints , or seem to be saints , and should be as they seem : but are all apostles ? if the whole body were an eye , where were then the hearing ? god therefore hath given some to be apostles , and some to be pastors , &c. for the edification of the body of christ. in which work , we are god's labourers ( saith the apostle ) and ye are god's husbandry , and god's building . . the church , respected with reference unto administration ecclesiastical , doth generally consist but of two sorts of men , the labourers , and the building ; they which are ministred unto , and they to whom the work of the ministery is committed ; pastors , and the flock over whom the holy ghost hath made them overseers . if the guide of a congregation , be his name or his degree whatsoever , be diligent in his vocation , feed the flock of god which dependeth upon him , caring for it , not by constraint , but willingly ; not for filthy lucre , but of a ready minde ; not as though he would tyrannize over god's heritage , but as a pattern unto the flock , wisely guiding them : if the people in their degree do yield themselves frameable to the truth , not like rough stone or flint , refusing to be smoothed and squared for the building : if the magistrate do carefully and diligently survey the whole order of the work , providing by statutes and laws , and bodily punishments , if need require , that all things may be done according to the rule which cannot deceive ; even as moses provided , that all things might be done according to the pattern which he saw in the mount ; there the words of this exhortation are truly and effectually heard . of such a congregation every man will say , behold a people that are wise , a people that walk in the statutes and ordinances of their god , a people full of knowledge and understanding , a people that have skill in building themselves . where it is otherwise , there , at by sloathfulness the roof doth decay ; and as by idleness of bands the house droppeth thorow , as it is in eccles. . . so first one piece , and then another of their building shall fall away , till there be not a stone left upon a stone . . we see how fruitless this exhortation hath been to such as bend all their travel onely to build and manage a papacy upon earth , without any care in the worl● of building themselves in their most holy faith . god's people have enquired at their mouths , what shall we do to have eternal life ? wherein shall we build and edifie our selves ? and they have departed home from their prophets , and from their priests , laden with doctrines which are precepts of men : they have been taught to tire out themselves with bodily exercise : those things are enjoyned them , which god did never require at their hands , and the things he doth require are kept from them ; their eyes are fed with pictures , and their ears are filled with melody , but their souls do wither , and starve , and pine away ; they cry for bread , and behold stones are offered them ; they ask for fish , and see they have scorpions in their hands . thou seest , o lord , that they build themselves , but not in faith ; they feed their children , but not with food : their rulers say with shame , bring , and not build . but god is righteous ; their drunkenness stinketh , their abominations are known , their madness is manifest , the wince hath bound them up in her wings , and they shall be ashamed of their doings . ephraim , saith the prophet , is joyned to idols , let him alone . i will turn me therefore from the priests which do minister unto idols , and apply this exhortation to them , whom god hath appointed to feed his chosen in israel . . if there be any feeling of christ , any drop of heavenly dew , or any spark of god's good spirit within you , stir it up , be careful to build and edifie , first , your selves , and then your flocks , in this most holy faith. . i say , first , your selves ; for , h● which will set the hearts of other men on fire with the love of christ , must himself burn with love . it is want of faith in our selves , my brethren , which makes us * wretchless in building others . we forsake the lords inheritance , and feed it not . what is the reason of this ? our own desires are settled where they should not be . we our selves are like those women which have a longing to eat coals , and lime , aud filth ; we are fed , some with honour , some with ease , some with wealth ; the gospel waxeth loathsom and unpleasant in our taste ; how should we then have a care to feed others with that , which we cannot fancy our selves ! if faith wax cold and slender in the heart of the prophet it will soon perish from the ears of the people . the prophet amos speaketh of a famine , saying , i will send a famine in the land , not a famine of bread , nor a thirst of water ; but of hearing the word of the lord. men shall wander from sea to sea , and from the north unto the east shall they ran to and fro , to seek the word of the lord , and shall not finde it . iudgement must begin at the house of god , saith peter . yea , i say , at the sanctuary of god , this judgement must begin . this famine must begin at the heart of the prophet . he must have darkness for a vision , he must stumble at noon day , as at the twi-light ; and then truth shall fall in the midst of the streets ; then shall the people wander from sea to sea , and from the north unto the east shall they run to and fro , to seek the word of the lord. . in the second of haggai , speak now , saith god to his prophet , speak now to zerubbabel , the son of shealtiel , prince of iudah , and to iehoshua , the son of iehosadak the high-priest , and to the residue of the people , saying , who is left among you , that saw this house in her first glory , and how do you see it now ? is not this house in your eyes , in comparison of it , is nothing ? the prophet would have all mens eyes turned to the view of themselves , every sort brought to the consideration of their present state . this is no place to shew what duty zerubbabel or iehoshuah doth owe unto god in this respect . they have , i doubt not , such as put them hereof in remembrance . i ask of you , which are a part of the residue of god's elect and chosen people , who is there amongst you that hath taken a survey of the house of god , as it was in the days of the blessed apostles of jesus christ ? who is there amongst you , that hath seen and considered this holy temple in her first glory ? and how do you see it now ? is it not in comparison of the other , almost as nothing ? when ye look upon them which have undertaken the charge of your souls , and know how far these are , for the most part , grown out of kind , how few there be that tread the steps of their antient predecessors , ye are easily filled with indignation , easily drawn unto these complaints , wherein the difference of present , from former times , is bewailed ; easily perswaded to think of them that lived to enjoy the days which now are gone , that surely they were happy in comparison of us that have succeeded them : were not their bishops men unreproveable , wise , righteous , holy , temperate , well-reported of , even of those which were without ? were not their pastors , guides , and teachers , able and willing to exhort with wholsome doctrine , and to reprove those which gain-said the truth ? had they priests made of the reffuse of the people ? were men , like to the children which were in niniveh , unable to discern between the right hand and the left , presented to the charge of their congregations ? did their teachers leave their flocks over which the holy ghost had made them overseers ? did their prophets enter upon holy things as spoils , without a reverend calling ? were their leaders so unkindly affected towards them , that they could finde in their hearts to sell them as sheep or oxen , not caring how they made them away ? but , beloved , deceive not your selves . do the faults of your guides and pastors offend you ? it is your fault if they be thus faulty . nullus quimalum rectorem patitur , cum accuset ; quia sai fuit meriti , perversi pastoris subjacere ditioni , saith st. gregory , whosoever thou art , whom the inconvenience of an evil governor doth press , accuse thy self , and not him ; his being such , is thy deserving . o ye disobedient children , turn again , saith the lord , and then will i give you pastors according to mine own heart , which shall feed you with knowledge and understanding . so that the onely way to repair all ruines , breaches , and offensive decays in others , is to begin reformation at your selves . which that we may all sincerely , seriously , and speedily do , god the father grant for his son our saviour jesus sake , unto whom , with the holy ghost , three persons , one eternal , and everlasting god , be honour , and glory , and praise for ever . amen . finis . notes, typically marginal, from the original text notes for div a -e * this you may find in the temple reconds . will. ermstead was master of the temple at the dissolution of the priory , and di●d . eliz. richard alvey bat. l. ivinity . pa● . . fe● . eliz. magister sive cujtos demūs & ecclestae nevi templle died bez. richard hooker succeeded that year by patent in termini● as alvy had ●● and he left it eliz. tint year dr. belgey succeeded richard hooker . * mr. dering . † see bishop spotswoods history of the church of scotland . * in his annals of el●● . notes for div a -e * iohn whitgift , the archbishop . * h●●e● and cappergot . notes for div a -e the cause of writing this general discourse . greg. nat. sulp. seve●● . epist. hist. eccles. leg. carol. mag. fol. . judg. . . notes for div a -e the cause and occasion of handling these things ; and what might be wished in them , for whose sakes so much pains is taken . jam. . . the first establishment of new discipline by mr. calvins industry , in the church of geneva ; and the beginning of strife about in amongst ourselves . epist. cal. . luk. . . an. dom. . epist. : quod cam urbem videret omnino his fro●nis indigere . by what means so many of the people are trained into the liking of that discipline . cor. . . & . . luk. , . acts . . rom. . . galen de ope . docen . gen . mal. . . greg. nazian . orat. qua se excusat . matth. . . mal. . . jude v. . pet. . . calvin . instit. lib. cap. . sect . . the author of the petition directed to her majesty , pag. . ● joh. . . ● thes. . . tim. . . joh. . . cor. . . acts . . ●ap . . . we yools thought his life madness . marc. tris. ad asc●lap . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vide lactaut . de justi● . lib. . cap. . august . epist. . what hath caused so many of the learneder so●t , to approve the same discipline . t. c. lib. . p. . euseb. . l . lib. stram . somewhat after the beginning . lib. . cap. . phil. . . a antiquitas ceremoniis arque fanis tantum sanctitatis tribuere consue vir , quan●um adstruxerit verustatis . a●● . p. . b rom. . . cor. . . thes. . . pet. . . in their meetings to serve god , their manner was , in the end to salute one another with a kiss ; using these words , peace be with you . for which cause , tertullian doth call it , signaculum orationis , the seal of prayer , lib. de orat . c epist. jud. vers . . concerning which feasts saint chrysostom saith , statis diebus men●a● facieba●t communes , & peracta synaxi post sacromentorum communionem inibant convivium divitibus quidem cibos afferentibus , pauperibus aurera & qui nihil habebant enam vocatis , in cor. . rom. . of the same feasts is like sort , tertullian . c●● . in no● re de num●ne rationem sui 〈…〉 . vocatur enim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id quod est pene● gracol dilectio . q●an●isconque sumptibus constet , lucru●● est ple●ath nomli● better 〈…〉 april cap. . galen . clas . . lib. de cujusque anim . peccat . notitia arque medela . petition to the q. mary , pag. . eccles. . . their calling for tryal by disputation . no end of contention , without submission of both parts , unto some definitive sentence . rom. . . deut. . . acts . pref. tract . de excom . presbyt . matth. . . t. c lib. . p. . the matter contrained in these eight books . how just cause there is to fear the manifold dangerous events , likely is ensue upon this intended reformation , if it did take place . pet. . . psal. . : pref. against dr. baner . matth. . . sap. . . eccles. . . hum. 〈…〉 to the 〈…〉 p. ● . acts . . humb. motio● page . counterp . pag. . mat. . . guy de bres c●ner . lerreur des anabapristes , page . page . page . pag. , . pag. , . page . luk. . . pag. . page . jere. . . page . page . tim. . . page . page . page . page . page . page . page . page . page . page . page . page . . page . page . page . page . page . page . page . i actant . de justir . lib. . cap. . page . page . page . page . page . page . page . page . page . matth. . ● . exod. . . mart. in his third libel , pag. . demons●r . in the pref. the conclusion of all . job . . greg. naz. in apol. notes for div a -e the cause of writing this general discourse . of that law which god from before the beginning hath set for himself to do all things by . john . , , . a iupiters counsel was accomplished . b the creator made the whole world not with hands , but by reason . sub. in ecleg . phys. c proceed by a certain and a set way in the making of the world. john . . gen. . ● . sapi. . . sapi. . . ephes. . . phil . . col. . . prov. . . ephes. . . rom . prov. ● . ● . rom. . . boet. lib. . de consol. philos. tim. . . heb. ● . . the law which natural agents have given them to observe , and their necessary manner of keeping it . d id omne quod in rebus creatis sir , est materia legis aeternae . th. l. , . ● . art . , , . nullomondo aliquid legibus summi creatoris ordinationique subtrahitor , à quo pax univerlitatis administratur . august . de civit. dei , lib. . c. immo & pecca●um , quateni● à deo justè permirrkur , cadit in legem aternam . etiam legi aterna subjicitur peccatum ; quateous voluntaria legis transgressio paenal● quoddam incommedum anime inserit , juxtaillud augustini . jutin●i domine , & sic est , in poena sua sihi sit omnis animus in ordinatus . confes. lib. . cap. . nec male scholastic● . quemadmodum inquiunt videraus res naturales cunningentes , hoc ipso quod à sine particulari suo , atque ad●o à lege aterna exorbiran ; in candem legem arternam incidere quatenus consequuntur alium ●inem à lege etiam aternà ipsis in casu particulari constiturum : sic verisimile est homines etiam cùm peccant & desciseunt à lege aeternā ut praecipiente , reincidere in ordinem aeternae legis ut punientis . psal. . . theophrast . in metaph. arist. rhet. . cap. . this an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 acts . ●● . e form in other creatures is a thing proportionable n●● the si●ul in living creatures . : asi●e it is nor , nor other . wise di●ernable then onely by effects . according to the diversity of inward forms , things of the world are distinguished into their kindes . vide yh●m . in compend . theol. cap. . o●●ne quod u●ove●ur ab aliquo , est quast instrumentum quod dam primi moventis , ride●alum est au●m eriam apud inductos ponere instrumentum moverinum ab aliquo principali ageme . the law which angels on work by . psal. ● . . heb . . eph. . . dan. . . matth. ● . ● . heb. . . luk. . . matth. . . & . . psal p. . , luk. . . heb. . . acts. . . dan. . . matth. . . dan. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. metaph. . cap. . jo● . . matth. . . psal. . . heb. . . ●ai . . ● . th's is intimated wheresoever we finde them termed the sons of god , as job . . & . . pet. . . jude , vers . psal. . . luk. . . matth. . . psal. . . heb. . . apoc. . . joh. . ● . pet. . . apoc. . . gen . . chro . . job . de . . joh. . . acts . . apoc. . . the law whereby man is in his actions directed to the imitation of god. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. de an. lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist de coct . cap. matth. . . sap. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mens first beginning to grow to the knowl die of that law which they are to observe . vide isal. . . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 merc. tris. aristotelical demonstration . ramistry . of mans will , which is the thing that laws of action are made to guide ephes. ● . . salust . matth. . . deut. . . o mihi praeteritos referat si iupiter annos ! 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alcin. de deg. plat. a cor. . . b luke . . c matth. . * sap. . . a corruptible body is heavy unto the soul , and the earthly mansion keepet't down the mind that is full of cares . and hardly can we discern the things that are upon earth , & with great labor finde we out the things which are before us . who can then seek out the things that are in heaven ? ephes. . heb. . . . cor. . . prov. . . luk. . . of the natural way of finding out laws by reason , to guide the will unto that which is good . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. de an lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b non potest er●●● contin● gare uhi omnes idem oplnamor . mta. ticat . in pol , quiequid in omnibus inlid viduis uniue speciei communite● mess id causam communew habext oporiet , quae est en●um individuorum species & na : u●● . lilem . quod & tora aliquia specie hr , universalis parrienlari qe naturae sir instinctu , fleia , de christ. rel. si proficere cup● , primo ●●e●● id ve , rum pura qu●l sana mens cumn●um ho●●ian● atrestatur , ●us● la compend . cap. . c rom. . ● . non licet naturale universaleque hominum judicium sals●● van unique existimare . ides . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theoph. in metaph. cor. . . matth . . arist. polit. . cap. . arist polit. . cap . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 piat . in th●at . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ar●st . metaph. lib. . cap. . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plat. in tim. d arist. ethic. lib. . cap. ult . e deut. . . f matth. ● . . g quod qu● in se approba● , ●n alio reprubare non posse . lib. in arenam c. de inos . teft . quod quisque juris in allum slatuerer , ipsum quoque codem u l debere . lib. quod qui●que . an omni peni : di injuril arque vl abslinendum , lib. . sect . . qued vi , out clain . matth. . . on these two commandments hanseth the whole law. gen. . . mark . . acts . . & . . thes . ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 soph. auti. th. , . q. : art . . omaeia peccara sunt in universum contra rationem & naturae legem . aug. de civie del , . ●a . cap. . omne titlum naturae nocer , ac per hoc contra naturam est . de doct chr. lib. ● . cap. . psal. . . wisd. . . wisd. . . ephes. . . isai. . . . the benefit of keeping that law which reason teacheth . voluntate sublarâ , omnem actum parem esse ; lib. soedis . simam , de adult . bonam voluntatem plerunque pro sacto reputari l. si quis in testament . divos castè adeunto , pietatem adhi bento . q●i secus faxit , deun ipse vindex crit . how reason doth lea● men unto the making of humane laws , whereby politick societies are governed , and to agreement about laws , whereby the fellowship or communion of independent society standeth . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist. rhher . . tim. . . gen. . . & . . & . . & . . matth. . . gen. . , , . isai. g● . tim. . . gen. . . gen. . . gen. . . gen. . pet. . . arist. polit. lib. . & . arist. polit. lib. . cap. . vide & latonem in . de legibus . a cum premeretur ini●io multitudo ab jis qui majores opes habebant , a●l unum aliquem consugieban virtute prastantem ; qui cum prohiberet injeria renuiores aequitate consti ● uendô summos cum intimis parijure retinehar . cum id minùs cantingeret . leges sunt inventae cic. ossic. lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. rher . ad alex. b tanta est enim vis voluptatum , ut & ●ignorantiam protelet in occasionem , & conscientiam cer●rampat in dissimulationem . ter●ul . lib. de spectacul . arist. polit. lib. . cap. ●t . staundf . p●c . ●ice to the pleas of the crown . jude , vers . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. eth. lib. . cap. ● . isa. . . arist. p. lit . . cap gen. . . cic. tu●● . & de legib. king . c●r●n . g. . matth. . luke . joseph . lib. . ●● n●●a . ra appl. ●n . t●●● . lib. . de sa●nd . ● . ●● . ass●ct . ephe. . . acts . . joh. . . wherefore god hath by scripture further made known such supernatural laws , as do serve for mens direction . gal. . . he that soweth to the spirit , shall of the spirit reap life everlasting . vide arist. ethic . lib. . c. . & metaph. l. . cap. . & cap. & cap. . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . merc. tris. matth . the just shall go into life everlasting . matth. . they shall be as the angels of god. tim . . pet. . . psal. . comment in procaem . . metaph. phil. . . a matth. . . rejoyce and be glad , for great is your reward in heaven . aug. de doct. christ. cap. . summa merces est ut isto persruamur . b ambros. contra ●ym . c magno & excellenti ingenio viri , com se doctrinae penitus dididissent q●iquid laboris poterat impendi ( contemptis omnibus & privatis & publicis actionibus ) ad inquirendea veritatis studium contulerunt , existimantes 〈…〉 esse p●● larius humanarum divina● uacute ; m que recum in vestigare ac scire rationem . quà●n struendes pibus aut cumulandis hogoribus inhirete . sed neque adepti sunt id quod volehant , & operam s●mul u●que indusiriam perdiderun : ● qu'a veritas id est . arcanum summi dei qui fecir omnia , ingenio ac propriis sensibus non potest comprehendi . aliequi nihil inter deum homine●●que distarer , si consilla & diiposi●●o● illies majestatis aeternae cogitatio assequeretur huma● . quod quia fieri non peruit ut homini per seipsum ratio divina notesceternon est past●● hominem deus lumen sapientiae requirentem diu●●s abbera●e , a● fine ullo ●ris effectu vagari per tenebras inextric●●illes . aperuit oculos ejus aliquando & notionem veritatis munus ●●um secie , ut & humanim sapientiam nullam esse mo●nstraret , & erranci ac vago viam consequendae immortalitatis ostenderet , lerer . laclant lib. . cap. . d se●t . lib. . sent dist . . . loueendo de s●rida justitiâ , deus nulli nostrum propter qua cun que merira est debitor perfectionis reddendae tam inteniae , propter i●moderatum excessum ililus perfectionis ultra illa me●ica . sesed esto quod ex liberatiate s●d determin●sser meritis conferre actum tam perfectum tanquam praemium tali quidem justitiâ qualis decer eum , scillicet supererogantis in pramis : tatnen non sequitur ex h●c neccessario , quo . l per ilam just tia● si● reddenda perfectio perennis anquam ●●●nium , imo a●undans secret retributio in beatirudine un●us momenti . john . . john . . the cause why so many natural or rational laws are set down in holy scripture . * jus naturale est quod in lege & evangelio con●inetur , pag ●● . . * ioseph lib. secun●o contra appi● . lacedamenii quomoto non sunt ob inhespitalitatem reprehendendi , ●●lumque neglectum nupriaru● ? elienses verò & thebaui ●b coi●●um cum masculis pla● & impu●entem & contra na●uram : qu●m recti & u●lites exercre putahant ? cum. que hic omnino perpecroreni , etiam suis legibus miscucre . vide th. . q. . . . lex naturae sic currupta suit apul germanos , ur larrocinium non reputar●nt peo●● arum . august auc quisquiro author est , lib. de quaest . nor . & ver . rest . quis nes●●t quid ho●●● vitae contrairae , au● ignorer quia quod sibi heri non vult , al●s manime debeat lacere ? at verò naturalis lex eva ●●●● oppressa consuen●●lin : delinque●di , ●une oppreti matise●●ari sereptis ut dei jedicium omnes audirent : non qub●●enires obllrerate est , ●ed quia maxius elup aurho h●●●●e carebat , idolatriae ●udebitur , timog dei ●a terris non erat , ●●●●icatio operabatur , circa rem proximi avids e●ar concupisce●ia . data ergo lex est , ut quae debantur authoritatem inherent , & quae latere cooperat , manifestarentur . the benefit of having divine laws written . exod. . . hos. . . apoc. . . & . . august . lib. . de cons. evang . cap. ult . * i mean those historical matters concerning the ancient state of the first world , the deluge , the sons of noah , the children of israels deliverance one of egypt , the life and doings of moses their captain , with such like : the certain truth whereof delivered in holy scripture , is of the heathen which had them onely by report , so in ermingled with fabulous vanities , that the most which remaineth in them to be seen , in the shew of dark and obscure steps , where some part of the truth hath gone . the sufficiency of scripture unto the end , for which it was ins●●cured u●rum cognitio supernaturalis necessarie ●i●tori , sit sufficienter tralita in sacra scriptura ? this question proposal by se●●●u● , is affirmatively concluded . or no. a ephes. . . b tim. . c ti● . . . d pet. . . john . . tim. . . tim. . . vers. . whitakerus adverius bellarmen . quast . . cap ● . of laws posisitive contained in scripture ; the mutability of certain of them , and the general use of scripture . isai. . . their fear towards me , was taught by the precept of men . apoc. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plaro in sine . polir . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 geogr. lib. . b psal. ● . . c vid● . orphei carmin● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo de mos. a conclusion , shewing how all this belongeth to the cause in question . jam. . . arist. phys. . . cap. . arist. ethic. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intelligie de legum qualitate judicium . prov. . . ephes. . . apoc. . . pet. . . ephes. . . tim . . cor. . . psal. . , , . rom. . ● . rom. . . rom. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethic. lib. . cap. . iob . . psal. . , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 zonarin can. apust . . acts . . notes for div a -e t. c. l. . p. , . the first pretended proof of the first position out of scripture . prov. . . t. c. lib. . p. . i say , that the word of god containeth whatsoev●r things can fall into any part of mans life . for in solomon saith in the second chapter of the proverbs , my son , if thou receive my words , &c. then they shalt understand iustice , and iudgement● and equity , and every good way . psal. . . a tim. . . the whole scripture is given by inspiration of god , and is profitable to teach , to improve , to correct , and to instruct in righteousness , that the man of god may be absolute , being made perfect unto all good works . he meaneth all and only those good works which belong unto us as we are men of god , and which unto salvation are necessary . or if we understand by men of god. god's ministers , there is not required in them an universal skill of every good work or way , but an hability to teach whatsoever men are bound to do that they may be saved : and with this kinde of knowledge the scripture sufficeth to furnish them as touching matter . the second proof out of scripture , cor. . . t. c. l. p. . s. paul saith , that whether we eat or drink or whatsoever we do , we must do it to the glory of god ; but no man can glorifie god in any thing but by obedience ; and there is no obedience but in respect of the commandment and word of god therefore it followeth that the word of god directeth a man to all his actions . pet. . . rom. . . cor. . . rom. . . the first scripture proi . tim. . . and thirds which s. easil said at moves and drinks , that they are cause tight into us by ●●●●● of god ; the same is do desynd ersloted of all things lesse whenever we have the used of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the forth scripture prof . tim. . . t. c. l. . p. . psal. . . apoc. . . cor. . . john . . john . . a and if any will say , that s. paul meaneth there a full 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●●● and perwasion that that which he doth is well it is granted that s. paul doth is well done , i grant it : but from whance can that spring but from faith ? how can we perswade and assure our selves that we do well , but whereas we have the word of god for our warrant ? t. c. l. . c. . b what also that so me even of those heathen men have taught , that nothing wight to be done , whereof thou douhtest whether it be right or wrong ? whereby if appeareth , that even those which has no knowledge of the word of god , did see much of the equity of this which the apostle requireth of a christian man : aut that the chiefest diffarence is , that where they seat men for the difference of good and evil to the light of reason , in such things the apostle se●deth them to the school of christ in his word , which only is able through faith to give them assurance and resolution in their doings , t. c. l. . p. . john . . t.c. . . p. . acts. . exod. . . levit. . cor. . . job . . arist. pal. august . ep. . the first assertion endeavoured to be proved by the use of taking arguments negatively from the authority of scripture : which kinde of disputing is mual in the fathers . aug cont . liter . peril . l. . c. . tertul. de praescript . advers t.c. l . p. . augustine saith , whether it be question of christ , or whether it be question of his church , &c. and lest the answer should restrain the general saying of augustine , unto the doctrine of the gospel , so that he would thereby save out the discipline ; even tertullian himself , before he was embrued with the heresie of montanus , giveth testimony unto the discipline in these world . we may not give our selves , &c. hierom. centra helvid . hilar. in psal. . t. c. l. r. p. . let him hear what cyprian saith , the christian religion ( saith he ) shall finde , that , &c verè hee mandatum legem comptectitur & prophetas , & in hee verbo ownium scripturarum volumina coarctantuo . hot natura , hac ratis , hac demine , verbi tui clam at authoritas , hee exore two andivinus , hieinvenit consummationem nem omnis religio . prinum of hocmandatum & ultimum . hot it librovita cens●●t : um indeficiencie & haminibus & argella exhibes lessiemen . legat hoc unum verbum & in hot mandato medietur christiana religio . & inseriet ex hoc scripunta omulum dotle marum regelas emarisse . & bine naset & but reveral quicquid ecclesiastica con●●●● disciplina . & in omalous irthamessis & frivolum quaiquid dileetio non confirmal men confirmat . tertul. lib. de monog . t. c. l. . p . and in another place tertullian saith , that the scripture deniest that when it noteth nor . t. c. l. . p. . and that in indifferent things it is not enough that they be not against the word but that they be according to the word , it may appear by other place , where he saith , that whatsoever pleaseth not the lord , displeaseth him , and with hurt is received , liv . . ad uxorem . quae domino non plarent , utique effendnt utique malo se inserunt . t. c. l. l. . and to come yet neerer , where he disputeth against the wearing of crown or garland ( which is indifferent in it self ) to those which objecting asked . where the scripture saith , there man might nor wear a crown ? he answereth , by asking where the scripture saith that they may wear ? and unto them replying that it is permitted , which is not forbidden , he answereth , that it is forbidden , which is not permitted . whereby appeareth , that the argument of the scriptures negatively holdeth nor only in the doctrine and ecclesiastical discipline , but even in matters arbitrary and variable by the advice of the church . where it is not enough that they be not forbidden , unless there be some word which doth permit the use of them : it is not enough that the scripture speaketh one against them , unless it speak for them ; and finally , where it displeaseth the lord which pleaseth him not , we must of necessity have the word of his mountain declare his pleasure . tent de 〈…〉 . the first assertion endeavoured to be confirmed by the scripture● custom of disputing from divine authority negatively , iob. a. . god is light and there is in him no darkness at all . hebr. . ● . it is impossible that god should ●e . num. . . god is not as man , that he should fve , t. c. l . p. . it is not hard to shew that the prophets have reasoned negatively . as when in the person of the lord the prophet saith , whereof i have not spoken , jer. . . and which never eatred into my heart , jer. . , . and where he condemneth them , because they have not asked counsel at the mouth of the lord , isai. . . and it may be shewed , that the same kinde of argument hath been used in things which are not of the substance of salvation or damnation , and whereof there was no commandment to the contrary ( as in the former there was , levit. . . and , . deut. . . ) in ioshua the children of israel are charged by the prophet , that they asked not counsel at the mouth of the lord , when they entred into covenant with the gibeanites , ioshua . . and yet that covenant was not made contrary unto any commandment of god. moreover , we read that when david had taken this counsel , to build a temple unto the lord , albeit the lord had revealed before in his word , that there should be such a standing place , where the ark of the covenant and the service should have a certain abiding : and albeit there was no word of god which forbad david to build the temple ; yet the lord ( with commendation ●● his good affection and zeal he had to the advancement of his glory ) concludeth against davids resolution to build the temple , with this reason : namely , that he had given no commandment of this who should build it . chron. ● . . levit. . and . . deut. . . chron. . . isai. . . josh . . num. . chron . t. c. l. . p. mr. harding reproacheth the bishop of salisbury with this kinde of reasoning : unto whom the bishop answereth , the argument of authority negatively , is taken to be good , whensoever proof is taken of gods word , and is used not only by us , but also by many of the catholick fathers . a little after he sheweth the reason why the argument of authority of the scripture negatively is good ; namely for that the word of god is perfect . in another place unto m. harding , casting him in the teeth with negative arguments , he allulgeth places out of irenaeus chrysostome , le● , which reasoned negatively of the authority of the scriptures . the places which he alledgeth be very full and plain in generality , without any such restraints as the answeres imagined , as they are there to be seen . a vest. patere . iugurtha ac marius sub codem africana milna●ies , in iisdem castris didir●re quae rested in cotrariis facerent . art. . divis. . gal. . orig in levit , ●●m . . matth. . matth. . desent . par . ed. . divis . lib. . cap. . de incomp●na● . de● . ●om . . epist . c. . epist. . . . epist. . lib . e● . . their opinion concerning the force of arguments , taken from humane authority for the ordering of mens act●o● or perswasions . t. c. l. p. . when the question is of the authority of a man , it heldeth not th●r affirmatively not negatively . the reason is , because the infirmity of man can never attain to the perfection of any thing whereby he might speak all things that are to be spoken to it ; neither yet be free from error in those things which he speaketh or giveth out . and therefore this argument neither affirmatively nor negatively compelleth the hearer , but only induceth him to some liking or disliking of that for which it is brought , and is rather for an orator to perswade the simpler sort , then for a disputer to enforce him that is learned . cor. . ● . ioh ● . . deut. . . matth. . . t. c. la. p. . although this kinde of argument of authority of men is good neither in humane n●r divine sciences yet it hath some small force in humane sciences , for if such as naturally , and in that he is a man , he may come to some ripeness of judgement in those s●●ences , which in divine maturi hath no force at all ; as of him which naturally , and as he is a man , can no more judge of them then a blinde man of colours ; yea , so far is it from drawing crolit , if it be barely spoken , w●thout reason and testimony of scripture , that it ea●rieth also a su●pition of untruth whatsoever proceedeth from him ; which the apostle did well note , when to signifie a thing corruptly spoken , and against the truth , he saith , that it is spoken according to man , rom. . he saith not as a wicked and flying man , but simply as a man : and although this corruption be reformed in many , yet for so m●ch as in whom the knowledge of the truth is most advanced , there remaineth both ignorance and disordered aff●ctions ( whereof either of them turneth him from speaking of the truth ) no mans authority , with the church especially and those that are called and perswaded of the authority of the word of god , can bring any assurance unto the conscience . t. c. l. . p. . of divers sentences of the fathers themselves ( whereby some have likened them to brute beasts without reason , which suffer themselves to be led by the judgement and authority of others , some have preferred the judgement of one simple rude man , alledging reason , unto companies of learned men ) i will conte● my self at this time with two or three sentences . ir●neuo saith , whatsoever is to be shewed in the scripture , cannot be shewed but out of the ●cripture themselves , l. cap. ierome saith , no man , ●s he never so holy or eloquent , hath any authority after the apostles , in psal. . augustin● saith , that he will believe none , how godly and learned soever he be , unless he confirm his sentence by the scriptures , or by some reason nor contrary to them , ep. . and in another place , hear this . the lord saith ; hear not this , don●ius saith , ●●gatus saith , vincentius saith , hilarius saith , ambrose saith , augustine saith , but hearken unto th● , the lord saith , ep . and again , having to do with an arrian , he affirmeth , that neither he ought to bring forth the council of ni●e , nor the other the council of arimi●e , thereby to bring prejudice each to other ; neither outh● the arrian to be holden by the authority of the one , nor himself by the authority of the other , but by the scriptures , which are witnesses proper ●● neither , but common to both , matter with matter , cause with cause , reason with reason ought to be debated , cont. max. atrian . p. . cap. and in another ●●ce against petil. the donarist , he saith , let not these words he heard between us , i say ; you say , let us hear this , thus ●aith the lord. and by and by speaking of the scriptures he saith , there let us seek the church , there let us try the cause . de unit . eccles. cap. . hereby it is manifest that the argument of the authority of man affirmatively in nothing worth . matth. . . t. c. lib. . ● . it at any time it hapned unto augustine ( as it did against the donatists and others ) to alledge the authority of the ancient fathers , which had been heiu●e him ; yet this was not done before he had laid a sure foundation of his cause in the scriptures , and that also being provoked by the adversaries of the truth , who hare themselves high of some council , or of some man of name that had ●avorcil that part . a declaration what the truth is in this matter . matth. . . ephis . . . matth . . ●ian . . . matth. ● . . acts . . thes. . , . t. c. lib. p. . where this doctrine is accused of bringing men to despair , it hath wrong . for when doubting is the way to despair , against which this doctrine offereth the remedy ; it must need● be that it bringeth comfort and joy to the conscience of man. luke . ● . notes for div a -e what the church is , and in what respect laws of pulky are thereunto necessarily required . john . . and . . and . . tim. . a ephes. . . that he might r. o n cise both unto god in one body . ephes. . . that the genries should be in their ●● . also , and of the ●●●●b●d● . ●ile t. p. . . art . : cor. . . ephes. . . acts. . . john . col. . . and . . b cer. . . vide & tanilum lib. an sal . . not qussitissturis ●●●it ass●●i● , quos per flagiria invites vulgus christianes appellabat . au●ior nominis ejus christus qui tiberio 〈…〉 p●●●●●●rem p●ntion pilatum 〈…〉 ●rat . repress●g ; in p●esers exitiabilu superstitio r●●s●●● erumpehat , ●●● and per iudsam , originem ejus , mali , jed per urhem ●●i●m , quo cu●cta undique atrocia aus p●denda ●●●●●● : ●●l . bro●●●●● . john . . ●●d . . . apec . . . t●cul . de virgin . veland . iter. advers . ha●es . lib. ● . . cap. . &c. acts . . & . . & . . matth. . . & . . exod. . ●● . . , . kings . jere . . kings . . l●i . . . & . . & . . jere. . . kings . . jere. . . kings . . ●●●u●a . in concil . car. matth . . & . . & ●● . . s●●●●●ium in ●●●● con. il . matth. . . in con●i●● 〈…〉 . vide h●●●● dial. at●●● . lucif●●●a . chre. . hos. . , & . josh. . . rom. . . calvin . epish . . epist. . epist. . tertul. exhort . ad caslie . ubi tres , ecclesia est , licet laici . acts. . . whether it be necessary that some particular form of church-polity be set down in scripture , sith the things that belong particularly unto any such form , are not of necessary to salvation . tertul. de hibitu mul. aerouli sine necesse : est , quae del non lunt . rom. . . lact. lib. . c. . ille legis hujus inventor , disceptater , lator . cic. . de repub . * two things misliked ; the one , that we distinguish matters of discipline or church government from matters of faith , and necessary unto salvation : the other , that we are injurious to the scripture of god , in abridging the large and rich continks thereof . their words are these : you which distinguish between these , and say , that matters of faith and necessary unto salvation , may not be tolerated in the church , unless they be expresly contained in the word of god , or manifestly gathered ; but that ceremonies , order , discipline , government in the church , may not be received against the word of god , and consequently may be received if there be no word against them , although there be none for them . you ( i say ) distinguishing or dividing after this sort , do prove your self an evil divider . as though matters of discipline and kinde of government , were not matters necessary to salvation , and of faith. it is no small injury which you do unto the word of god , to pin it in so narrow room , as that it should be able to direct us but in the principal points of our religion ; or as though the substance of religion , or some rude and unfashioned matter of building of the church were uttered in them ; and those things were left out that should pertain to the form and fashion of it ; or , as if there were in the scriptures onely to cover the churches nakedness , and not also chains , and bracelets , and rings , and other jewels to adorn her and set her out : or that to conclude , there were sufficient to quench her thirst , and kill her hunger , but not to minister unto her a more liberal , and ( as it were ) a more delicious and dainty diet . these things you seem to say , when you say , that matters necessary to salvation , and of faith , are contained in scripture , especially when you oppose these things to ceremonies , order , discipline , and goverment . t. c. lib. . pag. . that matters of discipline are different from matters of faith and salvation ; and that they themselves so teach which are our reprovers . t. c. lib. . pag. we offer to shew the discipline to be a part of the gospel . and again , p. . i speak of the discipline as of a part of the gospel . if the discipline be one part of the gospel , what other part can they assign ●●● doctrine , to answer in division to the discipline ? matth . . * the government of the church of christ granted by fenner himself , to be thought a matter of great moment , yet not of the substance of religion . against doctor bridges , p. . if it be fenner which was the author of that book . that we do not take from scripture any thing which may be thereunto given with soundne●s of truth . arist. pol. lib. . cap. &c. plato in menex . arist. lib. . de anima , c. . their meaning who first did plead against the polity of the church of england , urging that , nothing ought to be established in the church , which is not commanded by the word of god ; and what scripture they thought they might ground this assetion upon deut. . . & . . whatsoever i command you , take heed you do it . thou shalt ●ut nothing theirto , not take ought there from . the same asse●●ion we cannot hold , without doing wrong unto all churches . i ●●● . caenaterium : de que matth. . . ibide caeral●●● nuptiali . acts. . a shi●t to maintain , that nothing ought to be established in the church , which is not commanded in the word of god , namely , that commandments are or two sorts ; and that all things lawful in the church are commanded , if not by special i recep● ; yet by general rules in the word . cor. . & . . & . . rom. . . . t.c. l. p . another answer in defence of the former assertion , whereby the meaning thereof is opened in this sort . all church orders must be commanded in the word , that is to say . grounded upon the word , and made according , at the least wise unto the general rules of holy scripture . as for such things as are found out by any star or light of reason , and are in that respect received , so they be not against the word of god , all such things it holdeth unlawfully received . * cor . arist. polit. . apoc. . . cor . col . cor. . . cor. . . rom. . . . acts . . acts . . i cor. . col. . . tit. . , . tert. de retur . carnis . th. ● . acts . . dan. . . kings . , . acts . . matth. . . heb. . . cor. . cor. . . acts . . . reb. . . cor. . ● . acts ● . . acts . . & . . pet. . . matth. . . acts . . acts . violatores , cap. ●… q . how laws for the regiment of the church may be made by the advice of men , following therein the light of reason , and how those laws being not repugnant to the word of god , are approved in his sight . luminis naturalis dictatum repellere , non modo stultum est , sed & impium , august . lib. . dle trin. cap. . tho. aqui. . q. . art . ex pracepris legis na●●ra . lit , qu●li ex quibusdam principii● communibus , & indemonstrabilibus , necesse est quod ratio humana procedat ad aliqua magis particulariter disponenda . et istae particular di●● dispositiones adinventae secundum rationem humanam , dicuntur leges humana , observatis aliti conditionibus quae pertinent ad rationem legis . . . quest . act . cor. . ●● prov. . . rom. . . john . . rom. . . & . that neither gods being the author of laws , nor his committing them to scripture , nor the continuance of the end for which they were instituted , is any reason sufficient to prove that they are unchangeable . deut. . , . quod pro necesirate temporis slatutum est . ressante nece . litate debet cessare pariter quod urgebar . . q . . quod pronecessit . act. . countery . p. . we offer to shew the discipline to be a part of the gospel , and therefore to have a common cause ; so that in the repulse of the discipline , the gospel receives a check . and again , i speak of the discipline as of a part of the gospel ; and therefore neither under nor above the gospel , but the gospel . t. c. l. . p. . tert. de veland . virg. mart. n . sam. . acts . acts . * disciplina est christianae ecclesae politia , à den cius re● è admitisican . ● . ● causa constituta , ●● proprerea es eius verbo petenda , & ob eandem causam omnium ecclesiarum communi . & omnium temponim . lib. . de eccles. duscip . in anala . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethic. lib. . cap. . whether christ have forbidden all change of those laws which are set down in scripture . a heb. . . either that commendation of the son , before the servant is a false testimony , or the son ordained a permanent government in the church . if permanent , then not to be chang'd . what then do they that hold it may be changed at the magistrates pleasure , but advise the magistrate by his positive laws , to proclaim , that it is his will ; that if there shall be a church within his dominions , he will mai● and deform the same ? m. m. pag ● . he that was as faithful as moses , left as clear instruction set the government of the church : but christ was as faithful as moses . e●g● . demensir . of discip. cap. . b john . either god hath left a prescript form of government now , or else he is less careful under the new testament , then under the old. demonst. of dist. cap. . c ecclesiast . dist. lib. . rom. . . ephes. . , ● . deut. . . vers. , , . deut. . . vers. . vers. , , , . * t. c. lib. . p. . whereas you say , that they ( the jews ) had nothing , but was determined by the law , and we have many things undetermined and left to the order of the church . i will offer for one that you shall bring that we have lest ●o the order of the church , to shew you they that had twenty which were undecided of by the express word of god. t. c. in the table to his second book . t. c. lib. . p. . if he will needs separate the worship of god from the external polity ; yet as the lord set forth the one , so he left nothing undescribed in the other . levit. . numb . . ● . numb . . numb . . gen. . . gen. . . t. c. lib. . p. . tim . . job . . . job . . ● . acts . . tim . . tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tim. . . tim. . . t. c. lib . p. . my reasons do never conclude the unlawfulness of these ceremonies of burial , but the inconvenience and inexpedience of them . and in the table . of the inconvenience , nor of the unlawfulness of popish apparel and ceremonies in burial . t. c. lib. . pag. . upon the indefinite speaking of mr. calvin , saying , ceremonies and external disciple , without adding all or some , you go about subtilly to make men believe , that mr. calvin had placed the wh●le external discipline in the power and arbitrement of the church . for it all external discipline were arbitrary , and in the choice of the church . excommunication also . ( which is a part of it ) might be cast away ; which i think you will not say . and in the very next words before . where you will give to understand , that ceremonies and external discipline are not prescribed particularly by the word of god ; and therefore lest to the order of the church : you must understand , that all external discipline is not lest to the orders of the church , being particularly prescribed in the scriptures , no more then all ceremonies are less to the order of the church , as the sacraments of baptism , and the supper of the lord. t. c. lib. . p. . t c. lib. . p. . we deny not but certain things are lest to the order of the church , because they are of the nature of those which are varied by times , places , persons , and other circumstances , and so could not at once be set ●●wn and established forever . ●sa● . ●● . col. . ● . august . epist. ●● iosh. . jude . . ● . j●●●● . ● . ioh. . ● . * nisi reip. suae statu in omnem constitu 〈…〉 , magistratus ordinarie , singulorum m●nera potes●●tem que de cripse ●it , quae judi cio●um fer●q : ratio habenda● quomodo civium finiendae ●ieris ? ●●a solum minus ecclesiae christianae provi lit , quam moses olim judaicae , sed quàm à lycurgo solone , numa . civitati● , suis prospectum si● . ●ib . de ecclesiast . discip. the defence of godly ministers against dr. bridges , . luk. . . matth. . . rom. . . notes for div a -e now great use ceremonies have in the church . matth. . . the doctrine and discipline of the church , as the weighiust things , ought especially to be looked unto : but the ceremonies also , as mint and cummin ought not to be neglected . t.c. l p. ● . gen. . . ruth . . exod. . . a dionys. p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b liv. lib. ● . maru ad digitor usque , involutā rem divinam facere , significantes fidem in●andam , sedemque ej●s etiam indexivis sucratam esse . c eccles. disc . fol. . fol. . the first thing they blame in the kinde of our ceremonies , is , that we have not in them ancient apostolical simplicity , but a greater pomp and stateliness . lib. eccles. disc . & t. c. l. . p. . t●m . . de hapt . ●atra donatist . lib. ● . a● . . t. c. l. . p. . if this judgement of s. augustine be a good judgement ●● found ; than there he some things commanded of god , which are not in the scripture ; and therfore there is no sufficient doctrine contained in scripture , whereby we may be saved . for all the commandements of god , and of the apostles , are needful for our salvation . vide ep ●●a . 〈…〉 . . . chron. . . our orders and ceremonies blamed , in that so many of them are the same whi●h the church of rome useth . eccles. discipl . sol . . t. c. lib. . p. . t. c. l. . p. . c.l. . p . t. c. lib. p. ● . t. c. l. . p. . t. c. l. . p . t. c. l. p. . tom. . graca . ● . con. africa . cap. . lib. de idolat . he seemeth to mean the feast of easter day , celebrated in the memory of our saviours resurrection , and for that cause earned the lords day . lib. de anima . a t. c. l. . p. . b t. c. l. . p. . t. c. l. . p. . that whereas they who blame us in this behalf , when reason evicteth that all such ceremonies are not to be abolished , make answer , that when they condemn popish ceremonies , their meaning is of ceremonies unprofitable , or ceremonies , instead whereof as good or better may be devised : they cannot hereby get out of the bryars , but contradict and gainsay themselves : in asmuch as their usual manner is to prove , that ceremonies uncommanded in the church of god , and yet used in the church of rome , are for this very cause unprofitable to us , and not so good as others in their place would be . t. c. l. . p. . what an open untruth is it , that this is one of our principles not to be lawful to use the same ceremonies which the papists did , when as i have both before declared the contrary , and even here have expresly added , that they are not to be used when as good or better may be established ? eccles. discip . sol . . t. c. l. . p. . as for your often repeating that the ceremonies in question are godly , comely , and decent : it is your old wont of demanding the thing in question , and an undoubted argument of your extream poverty . t. c. l. . p. . t. c. l. . p. . and that this complaint of ours is just , in that we are thus constrained to be like unto the papists in any their ceremonies ; and that this cause only ought to move them to whom that belongeh , to do their , away , forasmuch as they are their ceremonies , the ●eal ●●r may further see in the bishop of salisbury , who brings divers pro●is thereof . that our allowing ●he customs of our fathers to be followed is no proof that we may not allow some customs which the church of rome hath , alth ●i●h we do not account of them as of our fathers . that the ●●u●e which the wisdom of god doth ●●ach , maketh not against our ●●●u ●ity with the church of rome in such things . t. c. l. ● . p. . & . levit. . . and . . deut ●● and . . & levit. . ephes. . . levit. ● . . levit. . levit. . . deut. . . thes. . . levit. . . deut. . . deut. . . levit. . levit. . . deut. . levit. . ephes. . . that the example of the eldest churches is not herein against us . t. c. l. . p. . the councels although they did not observe themselves always in making of decrees this rule , ye● have kept this consideration continually in taking of their laws , that they would have the christians differ from others in their ceremonies . tom. ● . ●sal . faust. manich. lib. . cap. . t. c. l. . p. also it was decreed in another council that they should not deck their houses with bay leaves and green houghs , because the pagangs did use so ; and that they should not rest their labour those days that the pagans did , that they should not keep the first day of every month as they did . t. c. l. p. . tertul. saith , o , saith he , better is the religion of the heathen : for they use no solemnity of the christians , neither the lords day , neither , &c. but are not afraid to called hea. t. c. l. . p. . but having she wed this in general to be the god first , and of his people afterwards , to pue as much difference as can be commodiously between the people of god and others which are not , i shall not , &c. that ●● is not ou●●est policy for the establishment of found religion , to have in these things no agreement with the church of rome being unfound . t. c. l. p. . comment reason also doth ●each that contraries are cured by their contraries . now christianity and antichristianity , the gospel and popery , be contraries : and therefore antichristianity must be cured , not by it self , but by that which is ( as much as may be ) contrary unto it . t. c. l. . p. . if a man would bring a drunken man to sobriety , the best and necceest way is to carry him as far from his excess in drink as may be : and if a man could not keep a mean , it were better to fault in prescribing thing le●e then he should drink , then to fault in giving him more then he ought . as we see , to bring a stick which is crooked to be straight● we do not onely bow it so far until it come to be straight , but we bend it so far until we make it to be so crooked on the other side , as it was before of the first side , to this end that ●● the last it may bend straight , and as it were in the mid-way be● with hoth the crooks . that we are not to abol●sh our ceremonies either because papists upbraid us as having taken from them or for that they are said hereby to conceive i know not what great hopes . t. c. l. . p. ● . by using of these ceremonies , the papists take occasion to blaspheme , saying that one religion cannot stand by it self , unless it lean upon the staff of their ceremonies . t●●● . . p. . to prove the papists triumph and joy in these things i alledged further that there are none which make such clamours for these ceremonies , as the papists and those which they suborn . 〈…〉 t.c. . . p. . thus they conceiving hope of having the rest of their popery in the end , it causeth them to be more frozen in their wickedness , &c. for not the cause but the occasion also ought to be taken away , &c. although let the reader judge , whether they have cause given to hope , that the tale of popery yet remaining , they shall the easilier hale in the whole body after : considering also that master bucer noteth , that where these things which have been lest , there popery hath returned : but on the other part● in places which have been cleansed of these ●lreg● , it hath not been seen that it hath has any entrance . eccl. ● . dis . ● . the ●rief which , they say , godly brethren conceive in regard of such ceremonies as we have common with the church of rome . t.c. ● . . p. . there be numbers which have antichristianity in such de●●station , that they cannot without grief of mind behold them . and afterward , such godly brethren are not easily to be grieved , which they seem to be , when they are thou marryred in their minds , for ceremonies , which , ( to speak the best of them ) are unprofitable . t. c l. . p. . although the corruptions in them strike no : straight to the heart , yet or gentle poysons they consume by little and little . their exception against such ceremonies a , we have received from the church of rome , that church having taken them from the jews . sol● ● . and t c l. p. . many of these popish ceremonies fault by reason of the pomp in them : where they should be agreeable to the simplicity of the gospel of christ crucified . t.c.l. . p. . ●●seb . . . ● . . sae●●● . ● . . ●● c●●●il . ●nd 〈…〉 . acts . , . vi●le nicep● . lib. p. cap. . & sulpie . s●ver . p. . in eli● . ●lan● . acts . acts . . acts. . . acts. . . acts . . rom. . . lib. qui seder olam inscribitur . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heb. . . cor. . . gal. . . lev●e . . cor. . . leo in jejun . mens . sept . ser. . tertul. de prascript advers . haeret . t.c. lib. . p. . what an abusing also is it to affirm , the mangling of the gospels and epistles to have been brought into the church by godly and learned men ? t. c. lib. . p. . seeing that the office and function of priests was after our saviour christs ascension naught and ungodly ; the name whereby they were called , which did exercise that ungodly function , cannot be otherwise taken , then in the evil part . concil . laod. can. , ● . t. c. lib. . p. . t. c. lib. . p. . ● concil . constantinop . . cap. . cypr. ad pompei . lib. cont . epist. stephani . * sur. eccle. first . hist. lib . cap. . flerique in asia minore , antiqui●us die mensis , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ratione dict sahbati habit● hoc festum observaruar . quod dum facitbeur cum alūs qui aliam rationem in codem festo agendo sequehaneur , usque to nequaquam dissenseruat , quoud victor episcopus romanus supra modum iracundi● inflamnaths , om●cs in asiā quetant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appella●i , excommunicaverit . ob quod ●ictum ire●●no episcopus lugdunt in victorem per epelosem graviter invectus est . euseb. de vira constant. lib. . cap. . quid preslabilias , quidve augustius esse poterat , quam u● hoc sestum per quod shem immortalicatis noble essentar●m h●bemu● , uno moilo & ratione apud omnes integre slace●eque observaretur ? ac primum omnium indignum plane videbettir ut ritum & con●erudinem imicantes iurizoruin ( qui quoniam su●s ipsorum manus im●●al scelete polluerua●r , me●iro , ut seelēstos ●ecet , caeco animorum errore tenent●r irretiti ) islud s●slum sanctissimum ageremus . in nostra enim situt● est poteflare ut , illorum more rejec●o , verio●e ac m●gi●●●ncero institute ( quod quidem usque à passionis die hactenus recoluimus ) hujus festi celebrationem ad posterorum seculorum memoriam propagemus . nistil igitur si● nobis cum judeorum turba ; omne●●● odlusa maxime . their exception against such ceremonies as have been abused by the church of rome , and are said in that respect to be scandalous . matth. . . pet. . . sam. . . rom. . . ezek. . . tertul. lib. de virgin. veland . epist. a● le●ndrum hisp. hon. . de pasch. idolatriae consuetudo in rantum homini● occoec●verat ; ut solis , lunae , martis atque mercurii , jovis , veneris , saturni , & divers●s elementorum ac daemonum appellationibus dies voci●a●ent , & luci tenebrarum nomen imp●nerent . ●●da de ratione temp . cap. . octavus dits idem primus est . ad quem reditur , indeque rutius hehdemada incho●tur . his nomina ● planetis gentilitas indidi● , ha bere se credentes à sole spiritum , à luna corpus . à marte sangulnem , à mercurlo ingenium & linguam à ●o●e temperanuam , à venere voluptatem , à saturno ●ardita●em . isid. hisp. lib. . reymol . cap. . dies dicti à diis , quorum nomina romani quibuscam syderibus sactave●uni . cor. . . rom. . & . ● . vile harme . nop . lib. . cit . . sect . . t. c. lib. . p. . * t. c. lib. . p. . it is not so convenient , that the minister having so many necessary points to bestow his time in , should be driven to spend it in giving warning of not abusing them , of which ( although they were used to the best ) there is no probe . our ceremonies excepted against , for that some churches , reformed before ours , have cast cut those things , which we , notwithstanding their example to the contrary , do retain still . a t. c. lib . p. . b cor. . . c can. ●● . the canon of that council which is here cic●● , doth provide against ●neeling as prayer on sundays , or for fifty days after easter , on any day , and not at the feast of pentecost onely . d t. c. lib . ●● . . . e rom. . . f cor. . . respon . ad med. a t. c. lib. . p. . and therefore st. paul , to establish this order in the church of corinth , that they should make their gatherings for the poor upon the first day of the sabbath ( which is our sunday , ) alledgeth this for a reason , that he had so ordained in other churches . b cor. . . t. c. lib. . p. . so that as children of one father , and servants of one master , he will have all the churches , not onely have one ●ict , in that they have one word , but also wear as it were one livery , in using the same ceremonies . t. c. lib. . p. . this rule did the great council of nice f●llow , &c. die domini ● & per omnem pentecestem ; nec de genien be adorare , & jejunium solvere , &c. de cir● milu●s . t. c. lib. . p. . if the ceremonies be alike commodious , the latter churches shou'd conform themselves to the first , &c. and again , the fewer ought to conform themselves unto the more . rom. . cor. . t. c. lib. . p. . our church ought either to shew that they have done evil , or else she is sound to be insault , that doth not conform her self in that which she cannot deny to be well abrogated . a declaration of the proceedings of the church of england , for establishment of things as they are . t. c. lib. . p. . it may well be , their purpose was by that temper of popish ceremonies with the gospel , partly the easilier to drew the papists to the gospel , &c partly to redeem peace thereby t.c. lib. . p. . t.c. lib. . p. . august . epist. . t. c. lib. . p. . for indeed it were more sase for us to conform our indifferent ceremonies to the turks which are far off , then to the papish which are so near . notes for div a -e true religion is the root of all true vertues , and the stay of all wel-ordered commonweal● . a psal. . . c. th. lib. . lit . gaudere &c gioriare e● fide semper volumus , scient ● magio rel●gionibus quaim officiio is labore corporis , ●el sudore sos●ram rempublicam concineri . b est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. mag● . moral . lib. . cap. . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo de dec. precept . d chro. ● . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethic. lib. . cap. . eccles. . . wisd. . . psal. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethic. lib. . cap. . cas. de bell. g●● . lib. . . wisd. . . chro. . . the most extream opposite to true religion , is affected atheism . wisd. . . such things they imagine , and go astray , because their own wickedness hath blinded them . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethic. lib. . cap. . sus●n . vers . . they turned away their minde , and cast down their eyes , that they might not see heaven , nor remember iust iudgments . hat est summa delicti , nolle agnoscere quim ignorare non possi● . cy●● . de idol . vanit . pet. . . jude , vers . . ●●● . . . vos ●relera ●●m sli puustis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nos &c cogitare p●ecor● est ● vos conscios rimetis , nos etiam co●●cientiam sol●m , sine qua esse non possumus . minu. fel. in or●av . summum presidium regni est justi●io ob apertos tumaltus , & religio o● occultos . carda . de sapien. lib. . of superstition and the roo● thereof , either misguided zeal or ignorant feat of divine glory . chron. . . abraham thy friend . wisd. . . mark . . of the redress of superstition in gods church and concerning the question of this book . a rom. . b luke . . four general propositions demanding what which may reasona●ly be granted concerning matters of outward form in the exercise of true religion . and fiftly , of a rule not use nor reasonable in those cases . the first proposition touching judgment , what things are convenient in the outward publick ordering of church affairs . iohn . . . wisd. . . chron. . . chron. ● . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 delectatio domini in ecclesia est . ecclesia ver● est imago coelestium ambros . de interpel dan. faci● in terris opera coelorum , sidon apol. epist. lib. . the second proposition . wisdom . . job . deut ● . . arist. eth. . cep . ● . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greger . n●z . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bas● de spirit . sanct. cap. . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bas● de spirit sanct. cap . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. ethie . . c . modici nulla sere ratio haberi soler . tiraquel de jud . in reb . exig cap. . the third proposition . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. pag. . t. c. lib. . pag. . a eccles. . . b basil. ep. . ● . . c. quae contra. turpis est omnis pa●s u●iverio suo non congraca● . c r. ismael in cap. pa● . d cassian de incarn . l. . c. ● . the fourth proposition . numb . . ●● . necessitas , quicqaul coegit defen●it ●ence . con●ro● . lib. . acts . . luke . . cause necessitatis & 〈…〉 aequipa . ●●n●ur injure . ab paner . ad ●●w super . nu . de● eb . eccles. non a●●cu . 〈…〉 arist. ech. l. . c. . the rule of mens in state spirits not safe in these cases to be followed . places for the publick service of god. a gen. . . b gen. . . c gen. . d . . e . . f exod. ● . g deut. . . h chron. . . i chron. ● . . psalm . . chron. . . chron. . . ier. ● . . agg● . . act. ● . . & . ● . & . . chron. . . . the solemnity of erecting churches condemned by ●a● . p. . the hollowing and dedicating of them scorned , p. . dur●n● l. rational . lib. . cap. . & de conseer . d. . c. tabernaculum greg. mog . lib. . epist. . & lib. ● . epist. . & . ● epist. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg. nazia● . orat . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b vide euseb. de vitu constant . l. . c. . . c athanasius apol ad constanti●● . exod. . . ●eg . . . exod . . reg. . levit. . . the place named holy . ezr. . . matth. . . ier. ●● . . mark. . . levit. . ● . cor. . . per ●unia● of the names whereby we distinguish our churches . ● from k●●●n and kyre , and by adding letters of aspiration , chyich . (h) vid. sac. l c. . ecclis . . . mist. trip. l. . . v. aug. l ● . de civ . dei , c. . l. c. . epi. . at deogr● . the duty which christian men performed in keeping ●●stvaldodicariuns s. basil termeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 acknowledging the sence to have been withall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basil. in pi● . . acts . . dan. . . vide scal. de emendar . temp . l. . p. . of the fashion of our churches . the sumptuousness of churches . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. eth. l . c . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. jud. a folis , ●hesaari im perialis quarto● , compica●us sacrorum vasorum pr●●la ; en inqui● qualibus vasis ministrative ha ●i● alios the●●a er . h●l . eccles l. . c. . b eccles. . . c ●gge . . . d minu● . ●●● in oc●a● . euseb. l. . c. ● . euseb. l. . c. . euseb. l. . c. ● . chron. . . chron. . ● . matth . . malac. ● . . ad nepotian . de vira cle●● . ad demetr . epist. . ad gaudentium . what holiness and vertue we ascribe to the church , more than other places . exhort . ad bap● . ● p●enitent . psal. . . their pretence that would have churches utterly rozed . a psal. . . b deut. . . c chron. . . chron. . . chron. . a isa. . . . . hos. . . isa. . . b psal. . ● . ● . . rom. . . c judic . . . d apoc. . . isa. ● . . e acts . . f deut. . . g jer. . . deut. . . deut. ● . , . of publick teaching , or preaching , and the first kind thereof , catechising . a contraria for●a in quibut homines sibi intecem oppunannar secundum exercitia & desideria & opiniones ●unla provenlunt exignoranth : sicut c●cus ex p●●vatione sui visu● vagatur ubique & laeditur . scientio veriratis rollit hominum iaimidria● & adlum . hee promisit sancte theologia dicens , habitabit agnus cum lupo . et olsig●at rarionem , ●eple●a est terra sapiendo domini . ●●set aegpt , in mo● . honnebuch . lib. . cap. . luc. . . vide terrol . de praset . advers her . the jews , catech. called letach , tob. b inciplen●ibus brev . ùs . ac simpliciàs tradi praecepra ●●gs convenit . aut enim difficaltate institutionis tam numeros● at que per●lexe dete●reri solenu aureo rempore quo praecipuè alenda ingenia atque indulgentis quadam enutrienda sunt , asperiorum rerum tractaru atter antur . fab. proam l. . inci●ienrihon no●●is exponers in●o populi romani , i●a videntur posse ●r adi commodissum● , si primo leri aesimplici vi● , post deinde ●digentissima arque exoctissima interpretatione singula tralantar . alinqui si station ah laitio rudem ad huc & infermu●●ni●●g●o lahore ej● , supe etiam dissien●ia ( quae pletumque juvenes averti● ) ●en●● ad ●●● perdutemus , ad quod leviore via ductus sine magno lahore & sine ulla diffidentia me●rius perduci pornif●et . institus . impur . l. ● . ●it . vide ●●uff . in symb. tert. de poeniteur . a● alius est ti●ctis christus ? alius audientibus ? audientes optare intinctionem 〈…〉 pr●●sumere apor●●re . cyprian . epist. . l. . audientibus vigilantia vestea non di sit . rupert de divin . offic . lib. . cap. . audiens quisqueregulam filei . catechumenus dicitur . catechumenus namque auditor interpretatur . of preaching , by reading publickly the books of holy scripture ; and concerning supposed untru hs in those translations scripture which we allow to be read , as also of the choyce which we make in reading . a acts . . psal. . k luke . , . l john ● . . a matth. . b matth. . . c exod. . . d the gospel as the second sunday after easter , and on the twentieth after trinity . e john . ● . matth. . f t. c. l. . p. . although it be very convenient which is used in some churches , where before preaching time the church assembled hath the sorpreres read ; yet neither is this , nor any other o●ler●● bare publick reading in the church necessary had . g aug. de civ . dei. l. . c. . f●●o silentio , scriprorarum suat lecta divine solennia . that for several times several pieces of scripture were read as part of the service of the greek church and fathers thereof in their sundry homilles and other writings do all testifie the like order in the syrian churches , is clear by the very inscriptions of chapters throughout their translation of the new testament . see the edition at vienna , par● and a●thrup . of preaching by the publick reading of other profitable instructions ; and concerning books apocryphal . a t. c. l. . p . neither the homiles nor the apocrypha are at all to be read in the church . wherein , first , it is good to consider the order which the lord kept with his people in times past , when he commanded , exod. . . that no vessel nor no instrument , either besome or flesh-hook , or pan , should once come into the temple , but those only which were sanctified and set apart for that use . and in the book of numbers he will have no other trumpets blown to call the people together , but those only which were set apart for that purpose . numb . . . * t. c. l. p. . besides this , the policy of the church of god is times past is to be followed , &c. b acts . . acts . . c justin apol. . origen . hom. . super exod. ● in judie . d concil . la●d . c. ● . e concil . vasens . . f concl. co●on . par . . g ex. . . . h exod. . i numb . . . k exod. . . & . , , . l t. c. l. . p. . the lord would by these rudiments and p●dagogies teach , that he would have nothing brought into the church but that which he had appointed . m esias thesh . in veron pat●r . n acts . . o acts . p t. c. l. . . this practice continued still in the churches of god after the apostles times , as may appear by the second apology of iustin martyr . idem , p. . it was decreed in the councel of laodicea , that nothing should be read in the church but the canonical books of the old and new testament . afterwards , as corruptions grew in the church , the reading of homilies and of martyrs lives was permitted . but , besides the evil success thereof , that use and custom was controlled , as may appear by the councel of collin , albeit otherwise popish . the bringing in of homilies and martyrs lives , hath thrust the bible clean out of the church , or into a corner . the apocalyps . a t. c. l. . p. . it is untrue , that simple reading is necessary in the church . a number of churches which have no such order of simple reading , cannot be in this point charged with the breach of god's commandment , which they might be , if simple reading were necessary . [ by simple reading he meaneth the custom of bare reading more than the preacher at the same time expoundeth unto the people . ] b colmus ad divinarum literarum commemorationem . tertul. apol. p. . c judaicorum historiarum libri readiri sunt ab apostolis legendi in ecclestis . orig. in jos. hom. . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iustin. apol. . p. . factum est ut iste die dominica , prophetica lectione jam lecta , ante astate adslance , qui lectionem s. pauli proferret , be●isimus autistes ambrestus , &c. sulp● . sever. l. . de vita s. mart. e vide concil . v●s . ● . habitum an . dom. . tom . concil . . p. . item synod . la●d . c. . cypr. l. . epist. . & l. . epist. . amb. l. . offic c. ● . & epist. . & lib. de helio arque jejunio , cap. . just. quaest . . august . quaest . . in num. w●s . st●ab . de rebes ecsiast . cap. . ●eron . in ●rol●g . galeat . ruffinus in symbol . apost . apud cypr. a v●le gelas. decree . non . concil . . p. . b cires an. dom. . c concil car●●ag . . c. . prae●e● s●ip●● as cano●● c●s nihil in ecclesis ligatur su● nomine divinarum scriprerarum cire● an. dom. . d concil . vasen . ● habitum an. dom. . tom . concil . p. . si presbyter , ali qua infirmiraprehibente , pee se●psum non potuerit praeli●are : ●anctorum partum homilly à diaconibus recitentur . e concil . car●tlug . . can. . & greg. tu●on de gloris in●e● . ca. . & ●adria epist. ad coral . magu . f gelas. c●e● an. do. . to concil . p. . g concil . co●on . celebra● . an. dom. pa●●a . cap. . melch. can. ●ocor . theol . lib. ● . vir. de tr●d . ●●se . lib. . h in cremum ●ar●a●heum sicliterrum● qui conceptus propitus ●atrum desiai●i onibus antepodunt . c. ●nde relig●o . in extra . hieron . praes . ad libros ●alom . aug de p●●●d . sanct. l. . c. . praefat. gloss . ord . & lyr. ad pr●● . hieron . in iob. t. c. l. . p. , . ●●arm . conses . sect . . ●d . con . art . . lubert . de pincip . christ. doug● . l●●●● . a the lib●● of metaphys . school p. art . . b joseph . cent . app. lib. . c epist. in an●y●or . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prael . ad lib. eccles. of preaching by sermons● and whether sermons be the only u●●llnary way of teaching , whereby men are brought to the saving knowledge of gods truth . a paraenet . ad gent. p. . b concil va●i● . . c . c concil . tol. cap. . d rupert . de divin . offic. l. . c. , . isid. de eccles . offic. l. . c. . e the libel of school . part . t. c. lib. . pag. . saint paul's writing is no more preaching , than his pen or his hand is his tongue : seeing they cannot be the same , which cannot be made by the same instruments . f evangelizo manu & scriptione . rainol . de rom. eccles . idolola . praef . ad co. essex . g john . . mat. . cor. . . cor. . ● acts . . what they attribute to sermons only , and what we to reading also . thes. ● . colos. ● . . john. . . isa. . . a t. c. l. . p. , , . b pag. . . c pag. . chro. ●● . chro. . . deut. . . luke . . exod. . . john . . prov. . , , . rom. . . tim. . . t. c. l. . p. . a t. c. l. r. p. . b cor. . . c rom. . . d apologet. c. . in finc . e this they did in a tongue which to all learned men amongst the heathens , and to a great part of the simplest was familiarly known : as appeareth by a supplication offered unto the emperor iustinian , wherein the jews make request that it might be lawful for them to read the greek translations of the . interpreters in their synagogues , as their custom before had been . anthem . . cel. . incipit . aeqaum sanc . f i● the apostle u●eth the went 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a ● . c. ● . ● . p. . this sayle of readers . the bishops more than beggerly prese●ts . those rascal ministers . b t c. l. a. p. . c john . . d gal. . . . tim. . heb. . . a t. c. l . p. . b prov. . . c t. c. l. a. p. . d cor. . . e tim. . f matth . . g cor. . . h t. c. l. . p. . no salvation to be looked for , where no preaching is i ● c. c. l. . p. . t. c. l. . p. . deut. . . a de eccles. offic l. . c. . b psal. . . c psal. . . d aug. in ps. ● . e cyprian , . . epist. . lector personat verba sublimia evangelium christi . g's a frottibus conspieitur , cum giudio fraternitatis auditur . f psal. . , . t. c. l. . p. . , . acts. ● . . apoc. . t. c. l. . p. . p. . pag. . . , , . pag. . pag. . a ecclus . . . matth. . ●● . b tim. . . rom. . . thes. . . c matth. . . d phil. . . pet. . . matth. . . e thes. . . pet. . ● . jude vers . . per. . . f luke . . t. c. l. . p. . t. c. l. . p. . a t. c. l. . p. . b complaint of the commin●●● . c dr. som●● , painter . p. . d t. c. lib. . pag. . of prayer . a ose. . . b revel . . . c acts. . . rom. . . thes. . . luke . . sam. . . dan. . . acts . . of publick prayer . psal. . . dan. . . acts . . matth. . . cor. . . jonah . . apolog. . . ambros. l. de poen . multi minimi dum congregantur unanimes , sunt magni . & multorum preces impossibilest contemni . psal. . ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basil. epist. ●● psal. . . . . ps. . & . . psal. . . & . . & . . of the form of common-prayer . matth. . , . mat. . . chrys. hom. . ad hebra & . in act. cor. . . psal. . . power and beauty are in his sanctuary . ad domos sletim dominicas currimus corpora humisternimus , mixtis cum sletu gaudija supplicamus . salvia de prov. l. . num. . . chron. , . col. l. ●●●● . de epi. & cler. & . saepe . . tim. . . john . . jer. . . ezech. . . psal. . . chron. . . joel . . . chron. . . of them which like not to have any set form of common prayer . num. . . a mat. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having sung the psalmes which were unto at that feast those psalms which the jews call the great hallelujah beginning at the and conti●●●●ing to the ●a . l. of the ll . s●e paul bar●●●s . in ps. ●●●●●●● and 〈…〉 de 〈…〉 . cor. . . eph●s . . . of them who allowing a set form prayer y●t allow ●er●●● . a t. c. l. . p. ● afterwards , p. . whereas ●● do●●er ●●●●meth that the●e can ●e nothing shewed in the whole book which is not agreeable unto the word of god : i am very ●●●●h &c. notwithstanding , my duty of defening the truth and love which i have first towards god , and then towards my countrey const . 〈…〉 an● be in●t●u●● pro●e●●● speak a few words more particularly of the form of prayer , that when the blemishes thereof do appear , it may please the queens majesty , and her honourable council , with ●ho●c of the parliam●nt , &c. the form of our liturgy too near the papists , too far different from that of or her reformed churches , as they pretend . t. c. l. . p. . a bo●k of the form of common prayer tendered to the parliament , p. . pag. . pag. . a●te be●enging to the service of god. t. c. l. . p. ● . we think the surplice especially unmeet for a minister of the gosp. ● to ●ear , p. . ●● is easily seen by solomo n eccles. . . th●● to wear a white garment was highly esteemed in the e●st parts , and was ordinary to those that were in any elimination , as black with us , and therefore was no several apparel for the ministers to execute their ministry in ● hierom in . ezech. p●iero . adver . pelag. l. . c. . t. c. l. . p. . be a white garment is meant a comely apparel , and not slovenly . chrysost. ●● popul . antioch ●om . . serm. . t. c. l. . p. . it is true , chrysostom maketh mention of a white garment , but not in commendation of it , but rather to the contrary : for he sheweth that the dignity of their ministery was in taking h●d that none unmeet were admitted to the lords supper , not in going about the church with a white garment . eccles. . . t. c. l. . p. ● . . . ● . t. c. l. p . l● . p. ● ● . l. ● . p. . lib. . p. . page . . page . . esay . . . a exod. . . b exod. . . c psal. . apoc. . . mar. . . t c. l. . p. ● . & . . p . index . l . c . . l. . p. , . lib. . p. . page . . basil. asect . ●●●pent . l in●er . . of gesture in praying , and of different places chosen to that purpose . t c. l. . p. . t. c. l. . p. . mark . . t c l. p. . t. c. l. . p ● . t. c. l . p . ● . . p. . acts . . t. c. l. . p. . l. p. . easiness of praying alter our form . t.c.l. . p. . & l. . p. . another fault in the whole service or liturgy of england , is , for that it maintaineth an unpreaching ministry in requiring nothing to be done by the minister , which a child of ten years old cannot do as well , and as lawfully , as that man wherewith the book contenteth it self . the length of our service . t c l. . p. . & l. . p. . aug. ep. . luke . . tim. . . t. c. l. . p. . neh. . . acts . . instead of such prayers at the pr●mitive churches have used and those that be reformed now use ; we have ( they say ) divers short cuts or shreddings , rather wishes than prayers . t. c. l. . p. . & l. . p. , . lessons intermingled with our prayers . * we have no such forms in scripture as that we should pray in two or three lines , and then after having read a while some other thing , come and pray as much more , and so the . or the . time , with pauses between . if a man should come to a prince , and having very many things to demand ; after he had demanded one thing , would stay a long time , and then demand another , and so the third , the prince might well think that either he came to aske before he knew what he had need of , or that he had forgotten some piece of his suit , or that he were distracted in his understanding , or some other like cause of the disorder of his supplication . t. c. l. . p. . this kinde of reason the propher in the matter of sacrifices doth use . t. c. . . p. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. rhet. lib. . cap. . mal. . . . the number of our prayers for earthly things , and our oft rehearsing of the lords prayer . i can make no geometrical and exact measure ; but verily i believe there shall be found more than a third part of the prayers , which are not psalms and texts of scripture , spent in praying for , and praying against the commodities and incommodities of this life , which is contrary to all the arguments or contents of the prayers of the church , sit down in the scripture , but especially of our saviour christs prayer , by the which ours ought to be directed . t. c. l. . p. . what a reason is this , we must rep at the lords prayer oftentimes , therefore oftentimes in half an hour , and one in the neck of another ? our saviour christ doth not there give a prescript forme of prayer whereunto he bindeth us : but giveth us a rule and squire to frame all our prayers by . i know it is necessary to pray , and pray often . i know also that in a few words it is impossible for any man to frame so pithy a prayer , and i confess that the church doth well in concluding their prayers with the lords prayer : but i stand upon this , thee there is no necessity laid upon us to use these very words and no more . t. c. lib. . pag. . praemisse legitima & ordinaria oratione , quasi fundamento , accidentium jus est desideriorum , jus est superstruendi extrinsecus petitioner . ter●ol . de orat . luke . . cypr. in orat . dom. the peoples trying after the minister . another fault is , that all the people are appointed in divers places to say after the minister , whereby not only the time is unprofitably wasted , and a confused noise of the people ( one speaking after another ) caused , but an opinion bred in their hearts that those only be their prayers which they pronounce with their own mouths after the minister , otherwise than the order which is left to the church doth bear . cor. . . and otherwise than iustin martyr sheweth the custom of the churches to have been in his time . t. c. l. p. . & l. . p. , , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basil. p●●s . in pral . cor. . . our manner of reading the psalms otherwise then the rest of the scripture . they have always the same profit to be stu●ied in , to be read , and preached upon , which ether scriptures have , and this above the rest , that they are to be sung . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 di●nys . hierar . eccles. cap. . but to make daily prayers of them hand-over-head , or otherwise then the present estate wherein we he , doth agree with the maner contained in them , is an abusing of them . t. c. l● . . pag. . of musick with psalms . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basil. in psal. of singing or saying psalms and other parts of common prayer , wherein the people and minister answer one another by course . for the singing of psalms by course , and side after side , although it be very ancient , yet it is not commendable ; and so much the mere to be suspected , for that the devil hath gone about to get it so great authority , partly by deriving it from ignatius time , and partly in making the world believe that this came from heaven , and that the angels were heard to sing after this sort . which as it is a meer fable , so is it confuted by historiographers , whereof some ascribe the beginning of this to damasus , some other unto flavianus and diodorus . t. c. lib. . p. . a exod. . ● . is . . deut. . . & . . josh. . . b socrat. hist. eccles. lib. . cap. . a theod. lib. cap. . b plat. in vit● damasi . c bene mari plerunque comparatur ecclesia , quae primo ingredientis populi agmine totis vestibulis undas comit ; deinde in oratione totius plebis tanquam undis ●efl . ●ensib●s strides ; cum responsuriis psalmorum , canruvinocura mulierum , virginum , parvulorum consonus undatum stragor resulta : . hexam . lib. . cap. . d basil. epist. . e plin. secund . epist lib. . cp . . exod . . . isai. . . * from whence soever it came , it cannot he good , considering , that when it is granted , that all the people may praise god ( as it is in singing of psalms ) then this ought no : to be restrained unto a few ; and where it is lawful , both with heart and voice , tosing the whole psalm ; there it is not meet , that they should sing but the one half with their heart and voice , and the other with their heart onely . for where they may , both with heart and voice sing , ●i●e● the heart is not enough . therefore besides the incommodity which cometh this way , in that being tossed after this sort , men cannot understand what is sung , those other two inconveniences come of this form of singing , and therefore it is vanished in all reformed churches t. c. lib. . p. . ephes. . . of magnificat , benedictus , and nunc dimittis . these thanksgivings were made by occasion of certain particular be●●●●e , and are no more to be used for ordinary prayers , then the ave-maria . so that both for this cause , and the other before alledged of the psalms , it is not convenient in make ordinary prayers of them . t. c. lib. . p. . chro. . . of the le●any . a we pray for the avoiding of those dang●●● which are nothing near us ; as from lightning and thundring in the midst of winter ; from storms ; and tempest , when the weather is most fair , and the seas most calm . it is true . that upon some urgent calamity , a prayer may , and ought to be framed , which may beg , either the community , for want whereof the church is in distress , ●● the turning away of that mischief , which either approacheth , or is already upon it . but to make those prayers which are for the present time and danger , ordinary and daily prayers ; i cannot hitherto see any , either scripture , or example of the primitive church . and here , for the simples sake , i will set down after what ●ur● this abuse crept into the church . there was one mamericus , bishop of vienna , which in the time of great earth-quakes , which were in france , instituted certain supplications , which the grecians ( and we of them ) call the letany , which concerned ●hat matter : there is no doubt , but as other discommodities rose in other countries , they likewise had prayers accordingly . now pope gregory either made himself , or gathered the supplications that were made against the calamities of every country , and made of them a great letany or supplication , as platina calleth in , and gave it to be used in all churches : which thing albeit , all churches might do for the time , in respect of the case of the calamity which the churches suffered , yet there is no cause , why it should be perpetual , that was ordained but for a time ● and why all lands should pray to be delivered from the incommodities that some land hath been troubled with . t. c. lib . pag. . ● exod. . . wild. . . sam. . . chron. . . chron. . . joel . ● . b tertul. lib. ● . ad exor . c terent. andr. d hier. epist. . ad eust. martyres tibi quaerantur in cubiculo tuo . nunquam causa decrit procedendi , & ●emper quando ●ecesse est , progressura sis . a socrat. lib. . cap ● . s●●om . lib. ● . cap. . thess. lib. . li● . ●●b . . cap. novel . . ● . b basil. epist. . wheph . lib. ● . cap . codem . in theodis . sidon lib. . epist. ● . concii . tom . . pag. . concil . rom . . anno . of athanasius cre●● , and gloria pa●ri . a ir●n . lib. . cap. b pertu● . de prae●● . advers . haeres . & advers . prax. c the like may be said of the gloria patri , and the athanasius creed . it was first brought into the church to the end , that men thereby should make an open profession in the church of the divinity of the son of god , against the de●●stible opinion of arius and his disciples , wherewith at that time marvelously swarmed almost the whole christendom . now that it hath pleased the lord to quench that fire , there in no such en●e way these things should be used in the church , at the least , why that gloria patri should be so often repeated t. c. lib. . p. . mac. . . major centenario . sulpit. sever. hist. l. ● . ● a ex parte nostra leguntur homines ad lescentes , pardon docti pardon cauti●● , ar●anis autem missi ●nes , callidi & ingenio valentes vetes ano , perfidia imbuti , qui apud regem facile superiorese ●●nirunt . sulpit. lib. . b est temque conscri●●● ab improbit sidem tradie verbis fallentibus involutam , quae catholicano disciplinam persidia latente inqueretur . ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg. nazia● . de atha . that creed which in the book of common prayer , followeth immediately after the reading of the gospel . hilar. arela . epist. id a●g . cor. . . exod. . ● . heb. . . matth. . . josh . . psal. ● . . basil. ep. ● . fabad . lib. cont● . arian . theod. lib. . cap. . sozom lib. . cap. . cor. . . cor. . . . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra ar. our want o● particular thank giving . ●● such prayers are needful , whereby we beg release from o distresses ; so there ought to be as necessary prayers of thanksgiving , when we have received those things at the lords hand which we asked . t. c. lib . pag. ● . i do not simply require a solemn and express thanksgiving for such benefits ; but onely upon a supposition , which is , that is it be expedi●nt that there should be experts prayers against so many of their earthly miseries , that then al●o it is meet that upon the deliverance , there should be an express thanksgiving . t. c. lib. . pag. . * the default of the book , for that there are no forms of thanksgiving for the release from those common calamities from which we have petitions to be delivered . t. c. lib. . p. ● . ● ph●●● . p c●●la . . t. c. lib. . pag. . in some things the matter of our prayer , as they affirm , unsound . when thou hadst overcome the sharpness of death , thou didst open the kingdom of heaven unto all believers . john . . & . . ierem contra helvid . august . haer. ● . sqv . super . gen. . th. p. . ● . . leo. re● . . de ascens . touching prayer for deliverance from sudden death . job . . heb. . . deut. josh. . king. . cypr. de mortal . prayer that those things which we for our unworthiness dare not ask , god for the worthiness of his son would vouchsafe to grant . this request car●ieth with it still the note of the popish servile fear , and ●avoreth not of that confidence and reverent familiarity that the children of god have , through christ , with their heavenly father . t. c. lib. . pag. . * psal. . . m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. de sacrif . abel . & cain . job . amongst the parts of hom . . aristotle reckoneth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rhet. lib. . cap. ● . * job . . the publican did indeed not lift up his eyes : so that if by his example we should say , we dare ask nothing , we ought also to ask nothing ; otherwise instead of reaching true humility , we open a school to hypocrisie , which the lord detesteth . t. c. lib. . p. . * rom. §. . ● . . heb. ● . . prayer to be evermore delivered from all adversity . for as much as there is no promise in the scripture , that we should be free from all adversity , and that evermore ; it seemeth that this prayer might have been better conceived , being no prayer of faith , or of the which we can assure our selves , that we shall obtain it . t. c. lib. . p. . oratio , quae non sit per christum , non solum non potest delere peccatum , sed etiam ipsa fit pe●catum . aug. e●ar . . in psal. . numb . ● ● . sam. . . job . . & ● . luk. . . cor. ● . , , . aug. ep. . ad pro●am vid. aen . psal. . ● . john . , . matth. . mark . . luke . . neither did our saviour christ pray without promise ; for as other the children of god , in wh●se condition he had humbled himself have , so had be a promise of deliverance in far , as the glory of god that acomplishment of his vocation would suff●r . t. c. lib. . pag ● . a deut. . . b deut. . . c psal. . . d psal. , . e t. c. lib. . pag . f we ought not to desire to be free from all adversity , if it be his will , considering that he hath already declared his will therein . t. c. lib. . pag. . t. c. lib. p. . john . . psal. . . joh. . . a matth . . non potuit divinitas humanitatem , & secundum aliquid deseruisse , & secundum ali quid non deseruisse ? subtraxit prefectionem , sed non separa it unionem sce●go da●diquit ut non adjuvaret , sed non direliqunt ut ●eredeter . sic ●●gu humanitas à d visitate in passione derelicta est . quam tamen ●●ngtem quia non pro sua iniquitare , sed pro nostra redemptione sustinuit , quare sae derelicta requirit non quasi adversus deum de ●oena murmura●e , sed nobis innocentiam suam in ●una demensir●ra . hug. de sacra . lib. . put . . cap. . deus meus , unquis dereliquisti me ? vox est nec ignorantiae , nec diffidentia , nec querel● , sed admirationis ●anrum , quae aliis investigandae causae ardorem & diligentiam actua● . b job ● . isa. . ● . job . . luke . . cor. . we may not pray in this life , to be free from all sin , because we must always prays . forgive in our sins . t. c. lib. . pag. ● . psal. . . tim. . . to pray against persecution , is contrary to that word which saith . that every one which will live godly in christ jesus , must suffer persecution . t. c. lib. . p. . a jam. . . b psal. . . c aug epist. ● cap. . prov. . ● . prayer , that all men may finde mercy , and of the will of god. that all men might be saved . * tim. . . sid●n . ● p ●● lib. ● epist. cor. . . rom ● . & . . matth. . , . jere. . . propterea nihil contrarietatis erat , si christus homo secundum affectum pietatis quam in humanitate sui assumpserat aliquid volebat , quod tamen secundum voluntatem divinam , in qua cum fatre ot●n a d●siponebat securum non esse praesciehat , quia & hoc ad veram humaniratem pertinebar , ut pietate moveretur , & hoc ad veram divnitatem , ut & sua dispeditione , non moveretur , hug. de quae christi volunt . * prosp. de vocat . g●n . lib . cap. . inter opera ambros. of the name , the author , and the force of sacraments , which force consisteth in thi● , the● god , hath ordained them as means to make us partakers of him in christ , and of life through christ. * gal. . . isai. . * oportebat d●um carnem fieri uein semitipso concu●●●a● consi●ulare : ter●●urum pariter asque coelestiur , dum utriusque partisinse connectens pignora , & deum pariter homini , & hominem deo copularet . t●●tul . de tri●●● . that god is in christ by the personal inc. r●aeion of the son , who is very god. isai. . . jere. . . rom. . . john . . & . . col. . . joh. ● . . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 damase . de orthod . fide , lib. . cap. . matth. . . joh. . . ignat. ● epist. ad magnes . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 damase . c ● cor. . in il●● divinitus est unigenici facta particeps mortalintis nostrae , ●● & ora participes eius immorialitatis essemus . aug. epist. . d heb. . . heb. . . the misinterpretations which heresie hath made of the manner , l●w god an● man are united in one christ. an. dom. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●ui● . an. d●m . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cyril . epist ad ●u●g . 〈…〉 at le●●● . de sect. a john . . b heb . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the●d . dial. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pasch lib. de spir. sanct. an. dom. . an. dom. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theodor. di●l . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that by the union of the one , with the ●●her nature in christ , there groweth neither gain nor loss of essential properties to either . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ●●er . lib. . advers . haeres . christ did all these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg. nazlant . orat. a de●tilo . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * greg. esse . epist. . thess. ibid. alexandr . milar . de trin. lib. . cypr. epist. ad ●est . salva propriera●e ●●●ns●ue naturae , susceptra est a majestate humilitas , a briure infirmitas , ab eccernitare mortalitas , leo epist. ●●t flav. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . damasc. de orrbed . ●●● lib. . cap . verem est riaarum in christu naturarum alteram sua● alteri proprietates impartire , enuncian so videlicer . idque non in abstract sed in concreto soluta , divinas liembat non humanitati , humanas non de●●a●● sed deo tribul . cujus haec est ratio , q●●● , cum supp●ss●um praeticationis sit cjasmodi ut utramque naturam in se continear , sive ab una sive ab altero denomineretur nihil refere . cor. . . john . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . greg. wyss . de secta●or . apollinar . epist . ● . ● . flav. what christ hath obtained according to the flesh● by the ●●ion of his flesh with d●ry . a nativi●●s dei non potest non cam ex qua prosecta est tenere naturam . neque enim aliud quà● deus su ●●●●● qui non assunde quàm ex deo deos subsistir . milar . de trin. lib. . cum sit gloria , sem●inernitate , virtute , regno , potesta●e hoc quod pa●er est , omnia tamen haec non sine auct●ire ●out pave●●● , s●u●ex po●●e an quare silius sine iuitio & aequalis habet , 〈◊〉 〈◊〉 . haber . ●●●●●● . in symb apost cap. ●ilium aliunde non de substantis patris omnem à pa●re consecatum porestatem . t●rtul . contra prax. b ephes. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . quicquid alteri quovis . m●do dat esse . . jam. . . pater luminum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pachym . in dionys. de coel. hierar . cap. . pater est principium totias divinitatis , quis ipse à nullo est . nos enim habet de quo procedat , fest ab eo & . filius est genitus & spicius sanctus procedit . aug. de trinit . lib. . cap. . hinc christus ●clea●ls loco nomen ubique patris usurpit , quis pates nimirum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d pares ●o●a substantia est , filius vero derivatio totius & propagatio . tertul. contra prix . e quod entra u●●s est . ex deo es● . hilar. de trin. lib. . nihil nisi narum habet filius . hilar. lib. . f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heb. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . sap . . . . g nihil in se diversum ac dissimile habene natus & generans . hilar. de synod . advers . aria . in trivliae alium atque alias , non aliud arque ali●● . vincem . lyr. cap. . h ubi author aeternus est ibi & nativitatis aeternitas est : quia sicut ●●●ivitas ab authore est , ita ●● ab aeterno authore aeterna nativitas est . hilar. de trin. lib. . sicut naturam praestat fillo fine initio graetatio : i● spiritus sancti praestat essentiam sine initio processio . aug. de trini . lib. . cap. . i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theod. sol . . & ex greg nazian . orat. . de fil. ibid. . k john . . l ephes. . m phil. . . n john . . o joh . hic est verus deus . & with 〈…〉 . p john . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theod. di●l . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 periculum status sui deo nulium est . tertul. de car. chr. majestati v●● dei corporate no●irus ●●l●l con●●l● , nihil abstuit , leo de nativit . ser. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thesphil . in sormam servi transisse non est natura● perdib●isse dei. h●la● . de trin. lib. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theod. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg●● . nyss. apud th●od 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chrys. in pi●l . . luk. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theod. & tren . lib. . advers . haeres . matth. . . a col . . b isai. . . c isai. . . luk . acts . . d heb. . ● . e cor. . . joh. . , . f john . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theod. fol. . of the perso●●● presence of christ every where , and in what sense it may be granted , be is crazy where present sce●nling to the 〈…〉 . a psal. . . ● jere. . . b ideo deus ubique esse asi●●r , quia , nulli parti irr●m absers est ; ideo●ns , quia non parti rerum partem sui piaesenum praebet , & alteri parti alceram partem , sed non inlum universtati creaturae , verum etiam e●libet parti ejus colut pariter adest . aug. epist. . c quod id cero bu● animer , crea●orest ; quoda ●hon inen , creatura est . aug. epist. . deus qui semper est . & semper erat , sit creatura , le● . de nativ . multi timore screpisant ire christum esse , creatam dicere compellanter ; nos proclamimus non esse periculum dicere , christum esse creaturam . hier. in epist. ad epist. . tertul. de cir. chr. aug. epist. ● . matth. . rom. . . psal. . heb. . . revel . . luk. . . acts . . ephes. . . ephes . . psal. . . heb. . . cor. . the union or mutual participation which is between christ and the church of christ , in this person● world. in the bosome of the father , joh. . . ecce dica ali um esse patrem , & alium filium ; non chretone alium , sed ● stincti or , tertul. 〈…〉 prax. ●●e in tumetum pluraiem desitur incor●nea generatio , nec in divisionem cadit , ubi qui nascitur nequaquam á generante separa ●● . ●●ssin in symbol . luke . joh . . . & . & . & . . & . . wisd. . . heb. . . john . . acts . , . joh. . . & . . isai. . . cor. . . ephes. . , . joh. . . rom. . . cor. . . pet. . . gal. . . cor. . . ephes. . . john . . john . . john . . . john . . ephes. . . john . . & . . cor. . . john . & . . heb. . . cor . ● . . heb. . . cypr. de coena dom. cap. . cy●in iiar . lib. . cap . a nostra quippe & ipsius conjunctio n●c mi●cet person ●s nec nai● substance as , sed aff . ●us consocist & consoe lerat voluntates . cypr de co●● . dam. b quomodo dicunt carnem in corruptionem devenice , & non percipe● c vi●am , qua à corpore domini & sanguine ali●● ? iran . lib. . advers . haeres . cap. . unde cons●erandum est non solum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sea conformitate affectionum , christum in nobis esse ; verum enam participatione naturali ( id est , p●ali & vera : ) quamadm●dum & quis igne liquefactan cetam a●●i cere si●lliter lique●actae i● a miscu●●i●u●●num quid ex ●tris ; suctum videatus ; sie communicatione corporis & sanguinis christi ipse in nobis est , & no● in ipso . cyril . in io●n . lib. . cap. . a eph. . . ecclesi● complementam ejus qui implet omnia in omnibus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b aug. ep . gal. . ●● isa. . eph. . . rom. ● . . gal. . . john . . eph. . . rom. . . cor. . . eph. . . rom. . . eph. . . the necessity of sacraments unto the participatien of christ. exod . ● . j●hn . . acts . . a wisd. . . sp●●itus sancti munus est gratiam imp●ete mysterii . ambr. in luc. cap. . sanctificatus elementis effectum non propria ipsarum natura praebet , sed virtus divina potentius operatur . cypr. de chri●● . b dum homini bonum inv●sibile redd●tur , foris ei ejusdem significatio per species visibiles adhibetur : ut foris excitetur & intus reparetur . in ipsa vasis specie virtus exprimitur medicinae . hugo de sacram. lib. . cap. . si ergo vasa sunt spiritualis gratiae sacramenta , non ex suo sanant , quia vasa aegrotum non curant , sed medicina . idem . lib. . cap. . the substance of raptism : the ●zes et solemnites thereunto belonging , and that the substance thereof being kept , other things in ●ap ti●m may give place to necessity . a eucharistia dub●● ex r●laws constat , tenere & coel●●●● . ●●uss . 〈…〉 cap. 〈…〉 . b sacramentum est , cum res g●sta visibilis longé alid : invisibile intas reperatur . isid erem . lib. . sacramentum per quod su●●●gumento rerum visi●●le ●en divina virtus s●lutem serecitus opela●● . greg. mi● . sacramentum of signum significans ●…circe eff●ctum dei g●a●i●um . ce●ca . sent . lib. d. . sacramentum propri● non ●●●●●●●●●●lther rei sac●● . ●●● tan●um rei sacrae sancti 〈…〉 . tho . . q. . . & q. . . sacramentum est signam passe ni christi gratiae & gloriae . ideo est commemoratio praete●iti , demonstratis praesentis , & prognodi●en ●uturi . tho. . q. . . sacramenta sunt signa & symbols visibilia rerum , insernatura & invisibilium , per quae , set per me li● . deus virtuce spiritus sancti in nobis agit . cons. belg. art. . item beb●●n . cons. cap. . c sacramen●●a constant verbo , signis , & rebus significatio . confess . helen . post. c. ● . d si ●●iquid ministri agere incendant , purà sacris illudere mysteriis , vel ali●● quod ecclesiae non consentiat . nihil agitur ● sine fi●e enim spi●●●●als potestae exerceti quidem potest , sine ecclesiae intentione non potest . laurel . insi . jar. can. lib. . ti● . . . hoc tamen e accessonium non regular principle sed ab eo regulatur . . de stegul . jar. in sex● . lib. . if quod iustu . f e●ns● nihil facile mutandu●● est ex solennibus , canen ubi aequie as evidens poseit subveniendum est . lib. . de reg. jur. the grounds in scripture , whereupon a necessity of outward ● baptism hath been hunt . t. c. lib. . p. . invate baptism first ●ose upon ● fal● in ●● relation of the place of st. iohn . clap. ● . . unless a man be son again of water , and of the s●ri● , &c. where , certain do interpret the wo● i● water , se● the material , and elemental water , when as our saviour christ coheth water there by a borrowed speech , for the spirit of god , he effect whereof it shadoweth our . nor even as in another place , ●●●a●ith . . . ● ●y●●●●e and the spirit , he meaneth nothing but the spirit of god , which purgeth and purifieth as ●ire doth : so●a this place , by water and the spirit , he meaneth nothing else but the spirit of god which cleanseth the silth of sin , and cooleth the boiling heir of an unquiet conscience ; as water washeth the thing whi●h ●● is foul , and quencheth the heat of the fire . a mini●e sunt muianda quae interpretationem certain semper habuērant . d. lib. ti● . . lib. . b acts . iohn baptized with water , but you shall within few days be baptized with the holy ghost . c acts . what kinde of necessity in outward baptism hath been gathered by the words of our saviour christ , and what the true necessity thereof indeed is . t. c. lib. . pag. . secondly , this error ( of privo●● baptism ) came by a false and unnecessary conclusion drawn from that place . for , although the scripture should say , that none can be saved , but those which have the spirit of god , and are baptized with material and elemental water ; yet ought it to be understood of those which can conveniently and orderly be brought to baptism ; as the scripture , saying , that who so doth not believe the gospel , is condemned already , iob. . . meaneth this sentence of those which can hear the gospel , and have discretion to understand it when the hear it ; and cannot here shut under this condemnation , either those that he born deaf and so remain , or little infants , or natural fools that have no wit to couceive what is preached . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . necessarium i● dicitur , sine quo ut concaus● , fieri non potest ut viratur : et es sinc quibus neri nequis ut bonum aut sit aut fiat ; vel malum aliquod amovea●●r , aut non ●●lsi● . arist. metaph. . cap. . b joh . . c vers. . d ephes. . ● . e tit. . . f am● . . . g fidelet salutem ex istis elementis non quaerunt , e●iam●i in isus a●erunt . n●● enim ista tribuunt quod per ista tribuitur . huge de sacram lib. . cap. . h susceptus à christo , christumque suscipiens , non idem fir post lavacrum qui ante baptismum sui●sed corpus vegenerati sic caro crucifixi . lev. scam . . de pas. dom. j caro abluitur ut anima emaculetur . tert. de caro. re●●r . romo per aquam baptist millet à suis l●em esse vidratur , intus tamen alter efficitur ; cum peccato natus fine peccato renasciru : priuribus petir , succedentibus proficis ; detericribus exuiour ; in mellora innova●u● persons tingitur , & natura matatur . euseb. emis . de epiphan . homil. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . gregor . hemil. de sanct. bapt. k unde genitali● auxilio superioris ●ei l●b● de●●ria in expi●to●● pectus ac p●●●um desuper se lomen insundit . cypr. epist. ad domet . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . theodore● . epito . divin . dogunat . baptisari . est purgari & s●ntibus peccatorum , & domari ●atia dei grati : ad ritam novam & innocentem . confess . helvet . cap. . l eph. . . m eph. . . n eph. . . . o rom. . . p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . basil. de scit . sanct. cap. . t. c. lib. . pag. . . ●● which is not a christian before he come to rese●●●●●●●● cannot b●e made caraside by baptism ; which is onely the seat of the grace of god ●tio ● receiv●● . r iven contra haeres . lib. . cap. . s hic sceld●i●imi illi provocant quastiones . adeo ●●●● , esptimus non est necessarius quibus sides satis est . tert. de baptis . huic ●alla pro●ter it s●iet , qui , cum possit non percipie sacramentum . sern . epist. t ad hugon . kings . . u numb . . . x mark . . y inssuci● sacramentorum quantum ad deum authorem , dispensatio●is est , quantum were a● hontinem obedientem , necesstatis , quoniam in potestate dei est prae●●r ista hominea● salvare , led in potesta●e haminis neu est sine idis a● satutem pervenire . hugo . de sacra . lib. . cap . z pelagi●● al●etere arrepta impietare praesion● non propter vicani . sed propter regnum coelorum baptismum parvulis conferendum . euseb. emiss . hom. . de pas. ● . a benignius leges interpretandur sunt , quò voluntas carum corservetur . l. benign . d. de legib . & sen●use . b t. c. lib. . pag. . c b●n . epist. ● . ad hugonem . quid ad rolerandam omnem pro dei gloria injuriam semel dicavie animum in martyrium mihi videter implesse . suarmi ergo meriti est temel fixisse seure●tiam , ocque ideo , ut dixi , ratio principarum obtinet passionis , & si sora perpetiendi deneget facultatem , pertulit tamen , cuncta quae voluit pati . ioseph . lib. de imper. ration . a gers. serm. in nativit . beatae mar. cajetan . in . tho. . . art. . & . ●iel . in . sentes . ● . . q . tilman . segeberg . de sacr. cap. . elisius neapol . in clyp . advers . haeres . cap. de baptis . b cor. . ● . c t. c. lib. . pag. . it is in question , whether there be any such necessity of baptism , as that for the ministring thereof , the common deccur order● should be broken . psal. ●● . * in omnibus obligationibus in quibus dies non ponitu● , praesenti dic dehe●● . lib. . d. de reg. sur . what things in baptism have been dispeaced with by the fathers , ●●specting necessity . a t. c. lib. . pag ● . the ●urthers themselves of that error , that they cannot be saved which are ●●● baptized , did never seek a remedy of the mischief . in women● or private dip. . . t. c. lib . p. . what plaines testimony can there be then that of augustine ; which noteth the use of the church to have been , to come to the church with their children in danger of death , and that when some had opinion , that their children could not be saved , if they were not baptized , cum. lit. parm. lib. . cap. . i would also know of him what he will answer to that , which is noted of a christian jew desperately sick of the palsie , that was with his bed caused on the place of baptism . sect. lib. . c. . what will he answer to this , that those which were baptized in their beds , were thereby made unapt to have any place amongst the clergy ( as they call them ? ) doth it not leave a note of inf●my in those , which had procured that baptism should be ministred in private houses ? euseb. lib. . cap. . what unto the emperors decree , which upon authority of the ancient laws , and of the apostles , forbiddeth . that the holy lungs should be administred in any mans house ? ioh. ●●●l . . b ●●● epist. ● . an epiic . cicit . c vict. epist. ad theop● . alexand. in pentis . damasc. leo. con●t . . idem . co●st . . a t. c. lib. . pag. . to allow of womens baptising , is not onely contrary to the learned writers ●ow , but also contrary to all learned antiquity , and contrary to the practise of the church whilest there was any tolerable estate . tertul. de virgin. veland . & lib. de baptis . epipha . lib. . & lib. . cont . haeres s. augustine although he seem to a●low of a laymans baptism in time of necessity . cour. epist. parmen . lib. . cap. . yet there he mentioneth no● womens baptism ; and in the fourth council of carthage , cap. . it is simply , without exception decreed , that a woman ought not to baptize . tertul. de baptis . b subjectum est generall speciale . in ipso significante , quia in ipso continerus . ter●●●l . de veland . virg. post. genere , supponirur species . aug. in lib. . cap. de transact . b subjectum e●t generali speciale . ●a ipso significa●te , quia in ipso contine●ut . tertul. de veland . virg. posit . gene●● , supponi●ur species . aug. in ●●● . cap. de transact . c non per●i●i●●● mulieri in ecclesia loqui , sed nee docere , now ringere , nec offerre , non dibus virilis muneris ●edum sacerdotalis officii sortem sibi vendicare . tertul. de velund . virg. d t. c. lib. . pag . the substance of the sacrament dependeth chiefly of the institution and word of god , which is the form , and , as it were , the life of the sacrament . t. c. lib. . pag. . although part of the institution be observed , yet if the whole institution be ●●t , it is no sacrament . t. c. lib. . pag. . the orders which god hath set , are , that it should be done in the congregation , and by the minister . t. c. lib. . pag. . and i will further say , that although the infants which die without baptism , should be assuredly damned ( which is most false , ) yet ought not the orders which god hath set in his church , be broken ●ke● this sort . nostro p●o●● alterius salu●i consulere non debemus . aug. lib. cont . ●end . cap. . matth. . . matth. . ● . whether baptism by women , be ●●● baptism , go●● and effectual to them that receive it . a t. c. lib. . pag. . o●dus polar , whether he ●e a minister , or so , dependeth not onely the dignity , but also the being of the sacrament . so that i take the baptism of women to be ●o more the holy sacrament of baptism , than any other daily or ordinary washing of the childe . b tim. . . c tim. . . clem. const. apostol . lib. ● cap. ● . t. c. lib. . pag. . a l●●i● prelibentur , ne , si permitterentar , eorum occasione perveniatur ad illicita . lib. neque tamen . iust. de asuth . t●e . lib. offici●● . d. de rei vind. b ephes. . ● . c una est nativi●as de ti●ri● , alia de ●oelo ; una de cainc , alia de spiritu ; una de ●ie●mitate alia de mortalitate ; una de masculo & foemina , alia de deo & ecclesia . sed ip ae du● singulares sunt . quo modo enim ●terus non potest repeti , sie nec baptismus ●●e●ari . prosp. senten . ● . eia fra●res lacteum genitalis sont●s ad laticem con●olate , ut se●●per robia aqua sufficiar , hoc ante omnia scient●s quia hanc nec●ssandere lioet nec turfes haurire . zene●h . invit . ad fent . august . de eap● . ● don. lib. . cap. . t●●t . de bap● . cypr. epist. . euseb. lib. . cap. , , . cypr epist , , , , , . a illi ips : episcopi qui rebap●zandes haeret● : ●● cum cyprians statuerant , ad an●iquem consuerudinem revo●●ti ne●um ●●misere decretum . hierim . cont . lucifer . vide & august . cunt . crescon . lib. . cap ● , ● . & epist. . b di●●lti ●eri nun p●sse ut in ●als● baptisi●are inquinatus ab●uar , immundus ●munlet , supplantator ●rigat perilkus liberer , reus veniam tribnar , damu●tus abtolvar . ●●ne haec ●innia poter●●●● ad sulos h●re●le●● pertinete , qui sahave●unt sy●bolum , dum alter dixe●it duos deos cum deus anus s● , alter ●atrem rule in persona filil cog●osei , alter catnem sub lucins fili● dei per quam deo reconci●●●tus est ●aundus : er ●●ereil i●●usm●● , qui sacramenns catholicis alteri , moseuatus . op●●i . lib. . c synod . nico. cap. . d syno● . . ar●●at . cap. . e euseb. eccles. hist lib. . cap ● . circa an. ● circa an . vi●●ent lyren . adve●s . ●●res . cap . * vide c. the●● lib. . ●● . ●●b . adve●●● . ●●s se lib. ●ullus dica an●●● . si quis c. ne. sin ●● . baptis . circa an. ● . numb . . . levit. . . sam. . . sam. ● . . chro. . . heb. ● . . * sect. . lugdunentis ex lireria decret . de manim , ●n●rast . dunase , ea●ciur reg. ● . prohibita neri si sians non tenent . in prohibitionibus , antemcirca re● favorables contratiom obtin●r . a t. c. lib. ● . pag. . as st. paul saith , that a man cannot preach which is not sent rom. . . no not although he speak the words of the scripture , and interpret them : so i cannot see how a man can baptize unless he be sent to that end , although he pour witer , and rehearse the words which are to be rehearsed in the ministry of baptism . b t. c. lib. . pag. ● . if either the matter of the sacrament , or the form of it , which is the institution ( which things are onely substantial parte ) were wanting , there should then have been no sacrament at all ministred . but they being retained , and yet other things used which are not convenient , the sacrament is ministred , but not sincerely . c t. c. lib. . pag. ●● . d t. c. lib. . pag. . e t. c. lib. . pag. . the minister is of the substance of the sacrament , considering that it is a principal part of christ● institution . faza , epist. . desir aqua , & tamen baptismu● alicujus diff . tri cum aedificasione non pessit nec debear , ego●●●t● quo● is ali● liquere non minus tire● quam aqua bapti●●arim . f t. c. lib. . pag. . shew me why the breach of the institution in the form should make the sacrament unavailable , and not the breach of this part ( which concerneth the minister ) t. c. ibid. howsoever some learned and godly give some liberty in the change of the elements of the holy sacrament ; yet i do notice how that can stand . idem , pag. . i would rather judge him baptized , who is baptized into the name of christ , without adding the father and the holy ghost , when the element of water is added , then when the other words being duty kept , some other liquor is used . * factu● alterins alil nacer● non deber . vl● lib. de tupille , ●●ct , s. plurimum . item . a●pier . lib pater familias . de here . irs●● . ● . a●●ficia renent authores in●s . non ali●● . lib. sancmus c. de l●oen . august . epist. . t. c. lib. . pag . augustine standeth in doubt , whether baptism by a lay-man he available , or no. conr. lit. pat● . lib. . ● . . where , by all likelihood he was out of doubt , that that which was ministred by a woman , whose unaptness herein is double to that of a layman , was of no esse . . t. c. lib. . pag. . the sacriledge of private persons , women especially , in administring the holy sament of baptism . * t. c. lib. . pag. . as by the seal which the prince hath set apart to seal his grants with , when it is sloin and set to by him that hath no authority , there groweth as assurance to the party that hath it . so if it were possible to be the seal of god , which a woman should set to , yet for that , she hath f●ola i● , and put it to not onely without , but contrary to the commandment of god ; i see not how any can take any assurance by reason thereof . ● exod. . . t. c. lib. . pag. . i say , that the unlawfulness of that sect , doth appear , sufficiently , in that she did it before her husband moses , which was a prophet of the lord , to whom that office of circumcision aid appertain besides , that she did cut off the fore-skin of the insane , not of minde to they the commandment of god , or for the salvation of the childe ; but in a choser only , to the end . that her husband might be eased , and have release : which minde appeareth in her , both by her words , and by casting away in anger , the fore-skin which she had cut off . and if it be said . that the event declared , that the act pleased god , because , that moses forthwith wanted batter , and was recovered of his sickness . i have showed before , that if we measure things by the event , we shall oftentimes justifie the wicked , and take the righteousness of the righteous from them . a mala passis non ●ascimer , sed compatmur , b●et de consol. b where the usual translation h●th , exod. . . she cut away the fore-skin of her son , and cast it at his feet , and said , thou art indeed a bloody husband unto me . so he departed from him . then she said , o bloody husband , because of the circumcision . the words as theylle in the original , are rather thus to be interpreted : and she cut off the fore-skin of her son . which being done , she touched his fact , ( the feet of moses ) and said . thou art to we an husband of blood ( in the plural number , thereby signifying i●●usion of blood. ) and the lord withdrew from him or the very time , when she said , a husband of blood , in regard of circumcisor . psal. ●c . . t. c. lib. . pag. . seeing they onely are t. ●●l ten in the scripture to administer the sacraments , which are bidden to preach the word . and that the publick ministers have onely this charge of the word ; and seeing that the administration of both these are so linked together , that the denial of licence to do out , is aden●al to do the other ; as of the contrary part , licence to one , is licence to the other ; considering also . that to minister the sacraments , is an honor in the church . which none can take unto him , but he which is called unto it , i● was aaron : and further , for as much as the baptising by private persons , and by women especially . confirmeth the dangerous terror of the cumile●●ra●… of young children , which ●●ie without baptism : l●●t of all , seeing we have the consent of the godly learned of all times against the baptism by women , and of the reformed churches now , against the baptism by private men ; we conclude . that the administration of this sacrament by private persons , and especially by women ; is meerly both unlawful and void . interrogatories is baptism touching faith , and the purpose of a christian life . aposto●ae ma●ulictum . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 na● . otar contr. iuli● . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 just marc. expos. ●●● .. matth. . . john . spiritus sanct●● habitatoc ejus templi non effecti●● , quod antistitem non haber veram fidem . ierom. adv. lucifer . cap. . isid. de offic. eccles. lib. cap. . ambros. mennen . lib. . cap. . tertul. de spectac . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pustin . apol. b pet. . . interrogatories proposed on● infants in baptism , and answered as it their names by god fathers . they pensa●●e iuly baptism in toyne foolish ; for that they ask questions of an infant which ca●ace answer , and speak unto them , as was went to be spoken unto ●●● , ●● unto such as being converted answered it to mo●● , ●●●l were baptized . which is but a mockery of god , and therefore against the holy scriptures . gal. . admonition to the parliament ●●e tante desend c● in t. c. lib. . pag. ●●● . * aug. pti . ● . 〈…〉 lipsius res ●●●●●mentum percirtialo . aug. a voltum mirabi is les est . quemad : uncum quorundam nondum cognoscenu●●n ●cum sir intrabitator deus ; & quo●●●m cognescen●inan , non sit . n●c illi . nim a. l ●cmplum dei pertinene , qai cogn●icenc● ; d●un , non ec●t deum ●thieavetunt : & od remphius ●●l ●●erinen : parvali sanctisicati , sacraments cini●● regenetri spoiu sancto qat per aeuu●●mu●dum ●●stunt cognoscere deum . ilade quem po●uerunt i li nosse ●●● haberc , illi potuerunt habere antequ . un nosse . aug. epist. . b t.c. lib. ● . pag. ; if children could have faith , yet they ●●at present the childe cannot precisely ●ell whether this particular childe hath faith , or no ; we are to think charitably , and to hope i● is one of the church ; but it can be no more predicly said , that is hath faith , then it may be said precisely elected . c john . d gal. . . e stipu●a●o est verborum conceptio , quib●● is qui lateringatur denurum sactummre se quod inrterogatus est respondet , lib. . sect. . ff de obilg . & act. in haec re alim talis ver●oa tradita fuerunt . spanies ? spondeto , promitto . fide prominis ? fide prumitris promitto . fide jubeo . dabia ? dabo . vacies ? faciam . ●as●it . de verb. oblig . lib. . tit . . f gen. . . ● . accommodat i lis nuter ecclesia a i rum pedes ut venient , alloram eo ut credant , ●●os ●● : ●ngum ut fateantur , ut quoniam quod agri sunt alio peccante ut praegravantur , sic cum familiar alio p●nio conscience falvantur . aug. serm. . de verb. apest. t.c. lib. . pag . ●li enim qni pro rep. cec●l p●nt , in perpertinum per glotian vivcet intelligun●ur inflit lib. ● tit . as sects . osteruatur ●pliyp● percipiendam spiritualem gratiam von ram a●●cis qucium ges●●urut ●●nibus quamvia & a● ipsis si & ipsi hor. . & ●●deles sint , qua ●● unit r●● socierate santorum argusid lin v. aug. in epst. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iustin reip. al orth●● . a si arrianae aut sabelliane herese●● & 〈◊〉 esses , & non tuo ipsius symbolo tecum uterer , convincerem re tamen testimoniorum sacrorum auctoritate . quid tantem si sic apud ee agerem , quid diceres ? quid responderes ? nonne obsecro illud , in eo re baptisatum , in eo te renatum esse ? ec verè , in negotio quamvis improbo non importuna defensio , & quae non absurdè causam erroris diceres , so pertinaciam non sociares errori . nunc autem cùm in catholica urbe natus , catholica fide institutus , catholico baptismare regeneratus sis , nunquid agere tecum quasi cum arriano aut sabelliano possim ? quod utinam fuisses . minus dolerem in malis editum quàm de bonis laps●m , minus fidem non ha●itam quàm amissam . non ●iquum aurem , heretice , non iniquum aut grave aliquid postulo . hoc fac in catholica fide editus quod fueras pro perversitate facturus . cassieod . de incarn lib. . cap. . b tertul. . lib. de spectac . of the cross in baptism . tertul. de c●ro . militi● . c traditiones non scriptas , si doctrinam respiciant , cum doctrina scrip●a convenire debere dicimus . quod ad rituales & ecclesiasticas attinet , ordinis & aedificationis ecclesiarum in his semper habend● ratio est ; inutiles autem & noxias , nempe ineptas & supersticiosas patronis suis relinquamus , goulart , genevens . annot. in epist. cypr. . d t.c.l. ● . pa . they should nor have been to hold as to have brought it into the holy sacrament of baptism and so ●ingle the ceremonies and inventions of men● with the sacraments and institutions of god. t.c. lib . pag. . the profitable signification of the cross maketh the thing a great deal worse , and bringeth in a new word ●neu the church ; whereas there ought to ●e no doctor li●ard in the church , but onely our saviour christ , for al hough t● be the word of god , that we should ●● be ashamed of the cross of christ , yet is it not the word of god , that we should be kept in remembrance of that , by ●●●n lines drawn across one over another in the childes forehead . * luk. . a t. c. lib. ● . pag. . it is known to all that have real the ecclesi●ssical sieries , that the heathen did ●●●●● in christians in ●●●●s , all , in reproach . thu● the god which ●ry believed on , was hanged upon a cross. and they thought go●d to r●th , that they were not ashamed therefore of the sun of god , by the often using of the sign of the crist. which carefulness and goul minde , to keep amongst them an open prose●●●n of christ crucified , althrough it be to be commended , yet is not this means so . and they might otherwise have kept it , and with less danger then by this use of crossing . and as it was brought in upon no good ground , so the lord left a mark of his curse of it , and whereby it might be perceived to c●mour of the forat of men brain , is that it began forthwith , while it was yet in the swalling ciours , to be supersti●iuosly abused . the christians had such a superstition in it , that they would do nothing without crossing : but if it were gramed , that upon this consideration which i have before mentioned , the ancient christians did well ; yet it followeth not , that we should to do . for we live not amongst those nation ; which do cast us in the ●●th , or reproach us with die cross of christ. now that we live amongst papist : that do not concern the cros of christ , but which esteem more of the word in cross , thru of the tene ●as , w●●● is his sufferings , we ough now to do clean con●●riwile to thrill christians , and abolish a●l use of that cross to . for contrary theas●● must have contrary remedie . if therefore th●o'd t christians to deliver the cross of christ sunt now 〈…〉 , all senue the cross ; the christians now to take away the superstitions estimation of it , ought to take away ●e use of it . b ephe● . . . rom. . c sen. epist. ● . lib. . d t●●oin 〈…〉 . e frons honinies cristitiae . islortatis , clementia , severitatis index est , plin. lib. . ez. k . apoc. . . ● p . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist eth. . c. . a caro signatur u● &c anima muniatur , tertul de resur . car. cypr. epist . ●d thim●●●●● . cypr. de laps . erant enim supplices corona ; li. tetilib . de core●il . in the service of ●lo● , the donors of their temples , the sacrifices , the al●●● , the priests , and the suppliants that wore present , were garlands . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist . ● her . i. . cap. . b oziar rex leprae varielate in fronte macularu● est , co porie corporis norarus est . nso domino ubi sig●●●cur qui domin● prometentur . cypr. de unit . eccles . cap. . c ginlart . am not . in cypr. lib. ad demerr cap. . quamvis veteres christiani externo signo cruds un sumi , lil ●amen suit sinc superstitione , &c ductrias de christi merito ab cr●●e qui postea l●●●epsie pios servant ; immunes . d idem an. not . in cypr. epist. . . dist. . . cap. quid. ●izon . lib . cap. . the. pag. . q. . art . . resp. ad tert. a ioseph . antiq lib. . cap. . & lib. . cap. . & de bell. lib. . cap. . b their eagles their ensigns , and the images of their princes , they carried with them in all their armies , and had always a kinde of chappel wherein they places and adored them is their gods . ●● . l. . heredian . lib. . c matth. . . d chro. . . e exod. ● . ● . f chro. . g josh. . . king. . ● . king. . . king. , . & . . king. . . of confirmation after baptism . * caro manus impositione adumbeatur , ●t & anima spiritu illumine●ur . tertul de reser . ca● . gen. . . king . . num. . . matth. . . mark . . . . matth. . . mark . . luk. . . mark . . a●● ● . ● . act , . 〈…〉 august de ● er ●k ●● cap. . tertul. de baptis . cypr. epist. . ad donat. c. ● . euseb emis . ser. de vents . aug. de trin. li● cap. . l●●● . . acts . , . ier. advers . ●ucif . cap. . cypr. epist. . ad iubajenum . heb. . . psal. . , , . * t c. lib. . pag. ● . tell me why there should be any such confirmation in the church , being brought in by the seigned decretal epistles of the popes ( this is ●e●●acted by the same t.c. lib. . pag. that it is ancienter then the seigned decretal epistles , i yield unto ) and no one tittle thereof , being once found in the scripture , and seeing that it hath been so horribly abused , and not necessary , why ought it ●●● to be utterly abolished ? and thirdly , this confirmation hath many dangerous points in it . the first step of popery in this confirmation , is the laying on of hands upon the head of the childe , whereby the opinion of it that it is a sacrament , is confirmed , especially when as the prayer doth say , that it is done according to the example of the apostles , which is a manifest unw●t● , and taken indeed from the popish confirmation . the second is , for that the bishop , as he is called , must be the onely minister of it , whereby the popish opinion , which esteemeth it above baptism , is confirmed . for whilest baptism may be ministred of the minister , and not confirmation , but onely of the bishop ; there is great cause of suspition given to think that baptism is not so precious a thing as confirmation , seeing this was one of the principal reasons whereby that wicked opinion was established in popery . i do not here speak of the inconvenience , that men are constrained with charges to bring their children oftentimes half a score miles for that , which , if it were needful , might be as well done at home in their own parishes . the third is , for that the book saith , a cause of using confirmation is , therby imposition of hands and prayer , the children may receive strength and defence against all temptations , whereas there is no promise , that by the laying on of hands upon children any such gift shall be given ; and it maintaineth the popish distinction , that the spirit of god is given at baptism , unto remission of sins ; and in confirmation , unto strength . heb. . . act. . , . ephes. . . john . . acts . . of the sacrament of the body and blood of christ. john . ● . john . . mark . . a acceprum panem & distributum discipulis corpus suum illum secit , hoe est . corpus meum dicendo , id est , figura corpori●mei . figura autem non suisset nisi veritatis esset corpus , cum vacua res quod est phateasma figuram capere non posset . tertul. contra marc. lib. . cap. . b secundum haec ( that is to say , if it should be true which hereticks have taught , denying that christ took upon him the very nature of man ) nec dominus sanguine suo redemit nos , neque colix eucharistiae communicatio senguinis ejuserit , ne● panis quem frangimus communicatio corporis ejus est . sanguis enim non est , nisi à venis & carnibus & à reliqua quae , est secondum hominem substantia , iren. lib. . cap. . c es 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theod. dialog . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d sacramenta quidem quantom in se est sine propri● virture esse non possunt , nec ullo modo ●● absentat majestas mysteriis . cypr. de coen . cap. . e sacramento visibili inesfabiliter divina se insundit essentia ut esset ● religioni circa sacramenta devotio . idem , cap. . invisibilis ●● . cerdos visibiles creaturas in substantiam corporis & sanguinis , sui verbo suo secreta poiestare convercit . in spiritualibus sacramentis , verbi praecipit virtus & servit effectus , euseb. emissen . hom. de pasch. f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theodor. ex quo à domino dictum est , hoc facite in meam commemorationem , haec est caro mea , & hic est sanguis meus ; quotiescunque his verbis & hac fide actum est , panis isle supersubstantialis , & calix benedictione solenni sacrarus , ad totius hominis vitam , salumtemique proficit , cypr. de coen . cap. . immortalitatis alimonia datur . à communibus cibis differens , corporalis substantiae retinens speciem , sed virtutis divinae invisibili efficientia probans adesse praetentiam . ibid. cap. ● . g sensibilibus sacramentis inest vitae aeternae effectus , & non tam corporali quam spirituali trans●ione christo unimor . ipse enim , & ponis & caro , & sanguis idem cibus , & substantia & vita factus est ecclesiae suae quam corpus suum appellat dans ei participationem spiritius , ibid. cap. . nostra & ipsius conjunctio nec miscet personas , nec unit substan●i●s , sed effectus consaciar & confoederat voluntares . ibid. cap. . mansio nostra in ipso est manducatio , & potus quasi quaedam incorporatio , ibid. cap. . ille est in patte per naturam diu●nitaris , nos in eo per corporalem ejus nativitatem , ille rursus in nobis per sacramentorum mysterium . hilar , de trin lib. . h panis hic azymus , cibus verus & fincerus per speciem & sacramentum nos ractu sanctificat , side illuminat , veritate christo conformat . cypr. de coen . cap. . non aliud agit participatio corporis & sanguinis christi , quàm ut in id quod sumimus transeamus , & in quo mor●ui & sepulti & corresuscirati sumus , ipsum per omnia & spiritu & carne gestemus , leo de pasch. serm. . quemadmodum qui est à terra panis percipiens dei vocationem ( id est facta invocatione divini numinis ) jam non communis pajo est , sed eucharistia ex duabus rebus constans , terrena & coelesti : sic & corpora nostra percipientia eucharistiam , jam non sunt corruptibilia spem ressurectionis habentia iren. lib. . cap. . quoniam salutaris caro verbo dei quod naturaliter vita est conjuncta , vivifica effecta est : quindo eam comedimus , tune vitam habemus in nobis : illi carni conjuncti , quae vita effecta est , cyril . in io●an . lib. . cap. . of faults noted in the form of administring the holy communion . chro. ● . ● . cor. . . a numb . . c●n. . apost . concil . . brac. cap. . b t.c. lib. . pag. . be●ules that , it is good to leave the p●pish 〈…〉 in those things , which we may so conveniently do , it is b●st to co●●t as near ●he manner of celebration of the supper which our saviour christ used , as may be . and if it be a good argument to pro●e that therefore we must rather sa● , take th●● , th●n take ●● because the sacrament is as application of the benefits of christs , it be hoveth , that the preacher should direct his admonitions particularly one after another , unto all those which hear his sermon , which is a thing absurd . t. c. lib. . p. . kneeling carrieth a shew of worship . sitting agreeth better with the action of the supper , christ and his apostles kneeled not . a t. c. lib. . pag. . all things necessary were used in the churches of god in the apostles times ; but examination was a necessary thing , therefore used . in the book of chronicles , ● chro . the levites were commanded to prepare the people to the receiving of the passover , in place whereof we have the lords supper now examination being a part of preparation , it followeth that here is commandment of the examination . b cor ● . t. c. lib. . pag ● . c although they would receive the communion , yet they ought to be kept back , until such time , as by their religious and gospel-like behavior , they have purged themselves of that suspition of popery , which their former life and conversation hath caused to be conceived . t. c. lib . pag. . rom. . . cor. . . john ● . . tim. . matth. . ● , . * t. c. lib. . pag. . if the place of the fifth to the corinthians , do forbid that we should have any familiarity with notorious offenders , it doth more forbid , that they should he received to the communion : and therefore papists being such , as which are notoriously known to hold heretical opinions , ought not to be admired , much less compelled to the supper . for seeing that our saviour christ did i●stitute his supper amongst his disciples , and those onely which were , on st. paul speaketh , within ; it is evident , that the papists , being without , and foreigners and strangers from the church of god , ought not to be received , if they would offer themselves : and that minister that shall give the supper of the lord to him , which is known to be a papist , and which hath a 〈…〉 made any clear renouncing of popery , with which he hath been defil●d ; do●h profane the table of the lord , and doth give the meat that is prepared for the children , unto dog ; and he bringeth into the pasture which is provided for the sheep , swine and unclean beasts , contrary to the faith and trust that ought to be in a steward of the lords house , as he is . for albeit , that i doubt not , but many of those which are now papists , pertain to the election of god , which god also in his good time will call to the knowledge of his truth : yet notwithstanding , they ought to be unto the minister and unto the church , touching the ministring of sacraments , as strangers , and as unclean beasts . the ministring of the holy sacraments unto them , is a declaration and seal of gods favor and reconciliation with them , and a plain preaching , partly , that they be wash●d already from their sin , partly , that they are of the houshold of god , and such as the lord will feed to eternal life ; which is not lawful to be done unto those which are not of the houshold of faith. and therefore i conclude , that the compelling of papists unto the communion , and the dismissing and letting of them go , when as they be to be punished for their stubbornness in popery ( with this condition , if they will receive the communion ) is very unlawful ; when as , although they would receive it , yet they ought to be kept back , till such time as by their religious and gospel-like behavior , &c. t. c. lib. . pag. . chro. . . psal ● . . luk. . . t. c. lib . pag. . a cor. . . b phil. . . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theophyl . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ammon . vide thes. . . d maturatae resurrection 's laethunila solemnia , cypr. de coea . deut. cap. ● . e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ignat. epist. ad ephes . iren. lib. . cap. . f e●st ●ih i serile murandum est ex solemnibus , tamen ubi aequiras evidens praser s●●ir●iendum est . lib. . ff . de reg. jur. of festival days , and the natural cause of their convenient institution . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hipp●● . l. qua praterpro●● in ●●abitur . exod. . . psal. . ecclus. . . the manner of celebrating festival days . a grande vialr●●cer octiciurn , seces se choros in pub . licurn endurete vicatim epuia● ebitatem ta●●rna ●alun ●ole ●●● vino luc●● cugr●e , catervarim cursirare ad injurias , ad iniurin , ad impu●●citias , ad i●bi●inis illecebras . siccine exprimi●● publicum qan●inst per publicum dedecus ? tert. apol. ●p . . dies sellos majestiri alti●same dedicar●s ●ulli . ●●●●●us voluptati●●tes accup●ri . ●l . tit . . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thess. ●●●ira● . li●i● . ser. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. lib. de ab●aba . deut. . . nehe . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. chro. . . es●h . . joh. . . mac. . ● . gal . . si omnem la torum devotionem temporum & dierum & menlium & annorum eralis apostolus ear p●neta celebramus nanca cire●● in mense primo ? cur quinquagi●ta . ●xinde ●●●bus in omai exulrainne decu●rimi● ? lib adver . psyth aug. de civir . dci . lib . cap. . luk . . luk. . . exceptions against our keeping of other festival days , besides the sabbath . t. c. lib. . pag. . if they had been never abused , neither by the papists , nor by the jews , as they have been , and are daily ; yet such making of holidays , is never without some great danger of bringing in some evil and currupt opinions into the mindes of men . i will use an example in one , and that the chief of holidays , and most generally , and of longest time observed in the church , which is the feast of easter , which was kept of some more days , of some sewer . how many thousands are there , i will not say of the ignorant papists , but of those also which profess the gospel , which when they have celebrated those days with diligent heed taken unto their life ; and with some earnest devotion in praying , and hearing the word of god , do not by and by , think that they have well celebrated the feast of easter ; and yet have they thus notably deceived themselves . for saint paul reacheth , cor. . . that the celebrating of the feast of the christians easter , is not , as the jews was for certain days , but sheweth , that we must keep this feast all the days of our life in the unleavened bread of sincerity and of truth . by which we see , that the observing of the feast of easter , for certain days in the year , doth pull out of our mindes , ere ever we he aware , the doctrine of the gospel , and causeth us to rest in that near consideration of our duties , for the space of a few days , which should be extended in all our life . * t. c. lib. . pag. . i confess that it is in the power of the church to appoint so many days in the week , or in the year ( in the which , the congregation shall assemble to hear the word of god , and receive the sacraments , and offer up prayers unto god ) as it shall ●hink s●●l according to the rules which are before alledged . but that it hath power to make so many holidays as we have , wherein men are commanded to ●●●se from their daily vocation of● l●ughing , and exercising their malie●●●s , ●●● d●ny to be in the power of the church for proof whereof , i will take the fourth commandment and no other interpretation of it , then mr. doctor alloweth of , which is . that god lir●●o●●th and lea●eth it at the liberty of every man , to work six days in the week , so that he rest the seventh day . seeing therefore , that the lord hath lest it to all men at liberty , that they might labor , if they think good , six days : i say , the church nor no man can take this liberty away from them , and drive them to a necessary rest of the ●●●ly . and if it be lawful to abridge the liberty of the church in this point ; and instead , that the lord saith , six days thou ●●ist labor , if thou wilt to say . thou shalt not labor six days : i do not see , why the church may not as well , whereas the lord saith , thou shalt rest the seventh day , command , that thou shalt not rest the seventh day . for , if the church may ●● strain the liberty which god hath given them , it may take away the yoke also , which god hath put upon them . and whereas you say , that notwithstanding this fourth commandment the jews has certain other feast which they observed ; indeed , the lord which gave this general law , might make as many exceptions as he thought good , and so long as he thought good . but it followeth not , because the lord did it , that therefore the church may do it , unless it hath commandment and authority from god so to do . as when there is any general plague or judgment of god , either upon the church , or coming towards it , the lord commandeth in such a case , ioel . . that they should sanctifie a general ●a●● , and proclaim g●matisa●a● , which sign ; fieth a prohibition , or forbidding of ordinary works ; and is the same hebrew word wherewith those feasts days are noted in the law , wherein they should rest . the reason of which commandment of the lord was , that they abstained that day as much as might be conveniently from meats ; so they might abstain from their daily works , to the end they might bestow the whole day in hearing the word of god , and humbling themselves in the congregation , confessing their faults , and desiring the lord to turn away from his fierce wrath . in this case the church having commandment to make a holiday , m●y , and ought to do it , as the church which was in babylon , did during the time of their captivity ; but where it is destitute of a commandment , it may not presume by any decree to restrain that liberty which the lord hath given . jo●l . . exod. . esib. . t. c. lib. . pag . the example out of esther is no sufficient warrant for these feasts n question . for first , as in other cases , so in this case of days , the estate of christians , under the gospel , ought not to be so ceremonious , as was theirs , under the law. secondly , that which was done there , was done by a special direction of the spirit of god , either through the ministry of the prophets , wh●ch they had , or by some other extraordinary means , which is not to be followed by us . this may appear by another place , za●h . where the jews changed their fasts into feasts , onely by the mouth of the lord , through the ministry of the prophet . for further pr●ol whereof , first , i take the ●● . verse , where it appeareth , that this was an order to en●ure always , even as long as the other feast days , which were instituted by the lord himself . so that what abuses soever were of that feast , yet as a perpetual decree of god , it ought to have remained ; whereas our churches can make no such decree , which may not upon change of times , and at her circumstances , be altered . for the other proof hereof . i take the last verse : for the prophet contenteth not himself with that , that he had rehearsed the decree , as he doth sometimes the decree of propane kings , but oditeth precisely , that as soon as ever the decree was made , it was registred in this book of esther , which is one of the b●oks of canonical scripture , declaring thereby in what esteem they had it . if it had been of no further authority , then on decree , or then a canon of one of the councils , it had been presumption to have brought it into the library of the holy ghost . the sum of my answer is , that this decree was divine , and not ecclesiastical onely . mac. . ● mac. . . a commemoratio apostolica passionis , to●las christianitatis magistra à cunctis jure celebratur . cod. l. . ti● . . l. . b t. c. lib. . pag. . for so much as the old people did never keep any feast or holiday for remembrance , either of moses , &c. c t. c. lib. . pag. . the people wh●n it is called st. pauls day , or the blessed virgin maries day , can understand nothing thereby , but that they are instituted to the honor of st. paul , or the virgin mary , unless they be otherwise taught . and if you say let them to be taught , i have answered . that the teaching in this land , cannot by any other which is yet taken , come to the most part of those which have drunk this poyson , &c. d scilicet ignorant nos nec christum unquam relinquere , qui pro totius servandorum mundi salu●e passus est , nec alium quempiam colere posse . nam hunc quidem tanquam filium dei a loramus , martyres verò tanquam discipulos & imitatores domini digne proptet insuperabilem in regem ipsorum ac praeceprorem benevolenuam diligismus , quorum & nos consories & dicipulos fieri optamus . euseb. hist. eccles. lib. . cap. . e t. c. lib. . pag. . as for all the commodities , &c. f t. c. lib. . pag. . g t. c. lib. . pag. . we condemn not the church of england neither in this , nor in other things . which are meet to be reformed . for it is one thing to mislike , another thing to condemn ; and it is one thing to condemn something in the church , and another thing to condemn the church for it . h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de clau●io dictum apud dionys. lib. . mark . . numb . . . a hi vacare consueti sunt seprima die , & neque a●ma porta●e in praedictis dieb●s , neque terrae culturam contingere neque alterius cujuspiam curam habere parluntur , sed ●● templis extenden●es mano● adorare usque ad vesperam solitisunt . ingrediente verb in civi●a●em lago●um ●um exerci● & mul●is hominibus , cum custodi●e dobueri●t civi●a●em , ipsis ●●●titiam observantibus , provinci● quidem dominum suscepit amarissimum , lex verò manifes●●ta est , mala●● habere solennitatem . agath●r●bid . apu● ioseph . lib. . co●●r . appi●● . vide & dionys. lib. . b mac. . . c nehe. . . d co● . l. . ●● . . l. . e leo consti● , . f t. c. lib. . ●● . ● . dies ses●o● . a matth. . . mark . . luke . . john . . cor. . . apoc. . . b apostolis pr●●csi●om sui● . ●on u● beges de sestis diebus celebr●nd ; sancirent ; ied u●recte vivendi ca●io●●●●● & pie 〈…〉 bis authores essent . socra . hill. lib. cap. . c quae toto tertarum or he servantur . vel db ips●s apostolis vel consilus g●neralibus quorum 〈…〉 rimain in ecclesia authoritas ●●● stratuts est ; ntelligere lice●● sicu●● , qu●d domini passio & resurrectio , & in coelum ascensus , & adventus spiritus sancti , anniversaria solemnita●e celebrarenu● august . epist. . d luk . of days app●inted as well for ordinary , as for extraordinary fasts in the church of god. t. c. lib. . pag. . i will not enter now to discuss . whether it were well done to fast i● a●l places according to the custom of the place . you oppose ambrose and augustine , i could oppose ignatius and tertullian whereof the one saith , it is aefos , a de●●●ble thing to fast upon the lords day , the other , that it is to kill the lord , tertul● the coron . il ignatius : epist de phillips . and although ambese and augustine , being private men at rome , would have so done ; yet it followeth not , that if they had been citizens and ministers there , that they would have done and if they had done so , yet it followeth 〈…〉 but they would hase spoken against that appointment of days , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of fasting , whereof eusebius saith , that mo●ta●●● was the first author . i speak of that which they ought to have done . for otherwise i know , they both thought corruptly of fastings : when as the one saith , it was a remedy or reward to fast other days . ● in 〈…〉 not in fast , was in and the others asketh , what salvation we can obtain , if we blot not our ●●● sins by fasting , seeing ●hat the scripture saith , that fasting and amis , d●th deliv●r from sin ; and therefore calleth them new teachers , they that out the merit of fastings . august . de temp. . ●●m . aub. lib. . epist. a tertul. de ●ejun . neque enim c●bi tempus in periculo : semper inedia mo●●ori● sequela est . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. . de abrah . c john . . d rom. . . matth. . . a chro. . jere. . ezra . . ● sam. . b julg. . . c mac . d sam. . . chro . . e le●it . ● . levit. . philo d hujus festit jejuniosra loquitur . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. ● . f zach. . ● . exod. . numh. . g vide riber . lib. . cap. . dan. . . h puram & sine animalibus coenam . apu● . in aselep . in sine . pastum & potum pura nosse . non ventris scilicet sed animae cause . tertul. de poenit. vide phil. lib. de veta contempl . rom. . . hieron . lib. ● . cont● . ievinian . judith . a. ●os . in ●isne . tora . lib. . quiest de tempor . cap. de s●b . & cap. de je●us . a neh. . . . hora si●●●a qu● 〈…〉 t is nos●● is ad prandium voca●e soler , supervenit . ioseph . lib. de vira 〈…〉 . b sabbat● juda●oram à mose in umne x●um jejunio dicara . iusti● . lib. . ne ju●aus quidem , mi t●●eri , ●om libenter sabbat●● junium i●●●a quàm eg● hostie ●e●ravi . sueton. in octav. c. . c act● . . d cor. ● . cor. ● & . . col. . ignat. epist. ad philip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 epist. ad . philip. * vide ire●● . lib. . cap. , . ● . . . . epiph. ●aeres . . . , , ● . &c. . . vide canon . ap●st . . epiph. ●●res . . con. land. c. ● . . vetot n●tali●ia mar●●su a in qua●agesima cei bro● . a ● o● . . b isai. . c tim. . . d eccles. . . i●ai , ●● . , . rom. . ● . sam. . . heb. . ●●● . e ●useb . eccle. ●● . ● lib. . ● f matth. ● . . col. . . mat. . . eccles. . . job . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. eth. . cap. . eccles. . . psal. . ● . d valde absurdum est nimia sito●itate ●el●e honora re mar●ytem quem scias deo placuisse jejunus , hier. epist. ad eust. psal. ● . ● psal. . . the celebration of matrimony . t.c.l. . p. . a tus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dionys. a●● . l. . b ki●l●oshin . in ri●uili heb. de benedictio . ●e nuptiarum eccles. . . joel . . cor. . ● . a mulieres antiquo jure tutela perpetua continebat . recedebant vero & tutoris potestate , quae in manum , convenissent . boet. in topic. ci● . b nullam eo privatam quidem rem foeminas sine auctore agere , majores nost●i voluerunt . liv. l. . the reason yielded by tully this , propter infirmitatem consilii . cic. pro mur. vide leg . saxon . tit . . & . c aurum nulla norat praeter unico digiro quem sponsus oppignorasset pro nubo annulo tertul. apol. c. . d isidor . de . eccles . offic , l. . c. . e elias thesb . in dict . hupha . f in ritual . de benedict . nuptiarum . g rom. . . cor. . . h l. penul●● , de concub . i l. item legato sect . penult . d de leg . . j l. donationes d. donationibus . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dionys. hal. anriq . lib. . tertul. lib. . ad lixorem . churching of women t c. lib. pag. . a dict. . cap. haec quae . in legs praecipicbatur , ut mulier si mas●ulum pare●er so soeminam . diebus à ●e●● . pli cessarer ingre●●i● . nunc autem st●rim post partum , ecclesiam ingredi non prohibetur . b leo. const. . quod prof●cto non ram propter muliebrem immunditiem , quam ob alias causas in incima legis ratione recondiras , & vere●i prohibitum esse lege , & gratiae tempus traditionis loco suscepisse pu●● . existimo siquidem sacram legem id praescripsisse , quo prote●vam eorum qui intemperanter viverent concupiscentiam castigarer , quem●admodum & alia multa per alia praecepta ordinantur & praescribuntur , quo indomitus quorundam in mulleres stimolus ●e●uandatur . quin & haec providentiae quae legem constituit velu●as esto ut parius à depravatione liberi sint . quia enim quicquid natura supervacan●um est , idem corruptivum est & in●tile , quod hic sangius superfluus fit , quae illi obnoxi● essen● in immunditie ad id temporis vivere illa lex jubet , quo ipso etiam nominis sono lascivi concupiscentia ad temperantim redigatur , es est inutili & corrupta materi● ipsum animans coagmentetur . of the ●ite● of burial . t. c. lib. . pag. . john . . sam. ● . . eccles. . ● . luke . ● . psal. ● . . john . . matth. ● . sam. . . jere. . . prov. . . chron. . . job . . of the na●●●● of that ministry , what s●●veth the performance of divine duties in the church of go●●●● 〈…〉 happiness , not eternal onely , but also re●●poral , do●h , depend upon it . a si creature dei , merito & dispensatio dei sum●● : qui● enim magis diligit , quom ille qui fecit ? quis autem ordinatius regit quam is qui & fec● & di● . 〈…〉 quis vero sapi●●tius & fo●tiur ordinare & regere facta potest , quam qui & fa●ienda providit & provisa perfecit ? quapi op●er omnem potestarem à deo esse omnemque ordinationem . & qui non ●e●eruat sentin●e , & quilegerunt cognoscunt . paul o●●s . ●●s . advers . pagan . lib. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eurip. phoenis . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eurip. heracl . psal. . . deut . . prov. ● . prov. . ● . ante tuinam clatio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 harodor . lib. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eurip. phoenis . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg. nazian : apol. ●● . they may haply the most deject , but they are the wisest for their own safety , which fear claming , no less then f●lling . arist. polit. lib. ● . c. ● . luke . ●● cor. . . tir. . . pet. , , ephes . . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 epist. ad philem. of power given unto men to execute that heavenly office , of the gift of the holy ghost in ordinarion ; and whether conveniently the power of order may be sought o● sued for . tertul. de adhort . castit . heb. . . matth. . a in ● . tabul●● caucum est , or idom juris offet sana●tibus quod so●●bus , id est bonis ●e qui ●u●quam desecrun● il populo romano . fest. in der satanites b ● usses . 〈…〉 e●ccl . lib. e. ● . a papisticus quidam virtue , stoled quidemoh illis be fine ●llo scripture fundamento inflicutas & ● diciplina nostrate autoribus ( pce illorum dixerim ) non magno primùm judicio accoptus , mimora adhuc in ecclesia nostra ret●enur . eecclesiast . discrip . p. . b ecceles . discrip . sol . ●● , p. . l. . matth. . . john . . john . . it si necessarium est ●repidare de mo●ito , religio●ism est tamen gaudere de dono : quonium qui mihi oneru est ●● tor , ipse ster administrationis adjuron ; & the magnitudi ne gratiz a●ccumbat infirrano , dabir virtorem qui conulic dignitatem . l●●●ev . . in anniver . dia a. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nazian . num. . . author . libei . discripl . ecclesiast . tim. . . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , greg. nazian . apolog●● . esay . . heb. . . heb. . . eccles. . . a mi●es●●iui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 greg. nazian . apologe● . * of degrees , whereby the power of order is distinguished ; and concerning the attire of ministers . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo. p. ● . a t. c. l. . p. . for so much as the common and usual speech of england is to note by the word priest not a minister of the gospel , but a sacrificer , which the minister of the gospel is not , therefore we ought not to call the ministers of the gospel pri●sts . and that this is the english speech , it appeareth by all the english translations , which translate always isque . which were sacrificers , priests , and do not on the other fute , for any that ever i read , translate we●● ci●nen a priest. seeing therefore a priest with us , and in our tongue , doth signifie both by the papists judgement , in respect of their abominable ma●● , and also by the judgement of the protestants , in respect of the peasts which were offered in the law , a sacrificing office , which the minister of the gospel neither doth nor can execu●es ; it is manifest , that it cannot be without great essence so used . e●●m . magn . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b hesy . chriflus homo dicitur , quia notus est ; propheta quia sutura ●evelarit ; sacerdos . quia pro nobis hossiam se ob●● . lit . isid. orig. l. . c. ● . c cor. . . d eyes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. de anim . ● . . c. ●● . esay . . revel . . . rev. . . mat. . . per. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dio● . ys . areep p. . acts . , . cypr. ep. . . ad rogatianum . ●●● . ●ylst . ad tral . rom. ● . . epiph. l. . c. . acts . . acts . . a acts . . b acts . . c tim. . . . tim. . . . . . . euseb. eccles. hit● . l. . c. . cor. . . ephes. . . psal. . . t.c.l. . p. tim. . . tertul. de persecur . of oblations , foundations , endow . ments , tithes , all intended for perpetury of religion , which purpose being chi●fly fulfilled by the clergies cerr●in and suffici●nt maintenance , must needs by alieration of church . it was be made for state . par●m , probam , profan●m , saun , ●est . lib. . num. . ● . . chron. . exod. . , & . . ezra . ● , . hag. . . ezra . . nehem. . . nehem. . a cic. oral . pro l. flac. cum aurum julaorum n●mine quotannis ex italia●● ●● an omnibus vestrio provincils h●erosely . mam expartal soleret flaccus sanxie edicto , ne est asia exporta ●●licertes . b joseph . anti. l. . c. . every ruicat in value . crown : num. . levit. . . & . . gen. . . gen. . . deut. . . plin. hist. nur . l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a●u● . b massoreth sepes est legis divitiarum sepes decimae . r. aquiba in pirk. aboth . mal. . nemo libenter dedit quod non accepit sed expressit . sen. de benef , l. . c. . levit. . . a lib. . de reg. jur. b cujus per errorem deci repetitio est , ejus coas●lio dari donatio est , l. . d. de con . . indeb . this is the ground of consideration in alienations from man to man. c nemo petest mutare consi lium s●um in alteius praejudiciam , l. . de reg. jur. acts. . exod. . . . matth. . . mal . . d non vusentur rem atmi●t●ere quibus propria non suit . l. dg . de reg. jur. ezech. . . . ●●g . char. ● . capit. ca●d . l. . c. . e nullins a●tem farre ; ●ae & relig●o & ●a● &c. quod enam evini juris est , ad nu ●● in b●●erf . , inst. l. . tit . . f ● li cum d●s sedilegi pugnant curt. l. . sacrum sacreve c●minen●●cum qui dempset it ●a●●ave , pur ie daci● , leg ●g . ●ab . ca●●● , catul. l . c ● . g dep. led puer in . t●rul . apologet. prudent . perd●eph . a novimen mulio tegra , & viges corum , propecrea cecki ●● quia ecclesias spolia●●tuat , resque earum vestaverunt , abendtetunc vel di ipucrunt , episcopis●ue & socerdoribus , oiq ie , quod magi● est , eccless . eorum ●●uletuer , & pugnanthus dedetuat . quapropter nee forces in bello , ●re in fide fiabiles suount , nec victores exticerunt , sed reegs multi vulnerati , & plures interlecti v●rterunt , reg●aq & regiones , & quod pejus est , regno co●lectia perd●lerunt , arquc proptiis ●●tediratibus corurrunt , & ha●er●● corent . verba carol , ma. in cajira . ca al. l. . c. ● . b turno rempus erie magoo cum● opeaverk emptum lotactum pallen●o , & cum spolia ista d●●eluque o●erk . virg. ae● lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 demost. poenam non dico legum quas saepe perrumpunt , sed ipsius turpitud●ni● quae acerbissima est est mon vident cir. ofical . . imponita tu credes else quae invisasent ? six ullem supplicium gravius existimas publico odio ? sen. de benes . l. . c. . iren. l. c. . orig. in . num. hom . psal. ● . . of ordination lawful without title and without any popular election precedent , but in no case without regard of due information what their quality is , that cross into holy orders . a acts ● . apte . . ● . b t●e . . . c acts . iust. lib. tir . . sect . . unlawful to ordain a minister without a title . abs●●a pag. . & pag. . the law requireth , that every one admitted unto orders , having for his present relief some ecclesiastical ●●eached , should also have some other title unto some annual renter persian whereby he might be relieved in case he were not able through infirmity , sickness , or other lawfull impediment to execute his ecclesiastical office and function . of the leo ●●ing in ministers , their residence , and the number of their livings . a t. c l. . p. ● . b . c . tim. . . titus . . tim. . . hosea . . mar. . . luke . . acts . . sam. . , tim. . . john . . peter . . acts . , thess. . . concil . nic. cap. . matth. . . cor. . . acts . . jer. . . ezek. . . abstract . p jussingulare est , quod contra tenorem gationis propter aliquam scilitatem authoritate constiruentinus introductum est . paulus●● ●● . de leg●b . privilegium personale cum persona extinguitur , & , previlēgium ditum a●ioal granlit cum actione . op. de regulis . part . . . tit. . . chrysost. de sacerd . l. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. p● . . c. b act. . ● . cor. . . thess. ● . thess . . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arist. et● . l. . c. ● . valer. l. . c. . ox. men . p. . the author of the abstract . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ari●ot . polit. . c. . b nec ign●eo maximo● honores ad parum diguo● penu●la ●●liorum solire deferri . mamerrio puneg . ad iulian. c neque enim aquam visum est absentem reipub . racsa lo●er r●os rek●●t dua● reip●b . operatur . vlpian . l. . si maricus a● legem . iulian de adulter . d arist. polk . l. . c. . see the like prean his , ●ramed by the author of the abstract , where he saneleth ● bishop deposing one vnapt to preach , whom himself had before ordained . dionys hali●ar rom. ●nt ● . . . for the main hypothesis or foundation of these conclusions , let that before ser down in the . be read together with this last the ● . paragraph . notes for div a -e the question between u●● whether all congregation , or varishes ought to have lay-elders invested with power of jurisdiction in spiritual causes . lib. . lib. . lib. ● . numb . ● . ●cts . . tim. . . marc. . . mat. . . cor. . . paenitentiae secundae , & ●nius , quinio in actu negotium est , tanto potior probatio eshut non soia conscientia proferatur , sed aliquo etiam actu administretur . second penitency , following that before baptism , and being not more then once admitted in one man , requireth by so much the greater labour to make it manifest , for that it is not a work which can come again in royal , but must be therefore with some open solemnity executed , and not left to be discharged with the privity of conscience alone . tertul. dep● . b basil. epist. selene . p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chrys. in cor. hom. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marc. erem . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ful. de remi . peccat . lib . cap. . jon. c. . . mat. . . mat. . ● mat. ● . ● . job . . ●● . cor . . cor. . tim. . . scotoin ● . sene d. . ● . . art . . in easl . dist . ● . . art . . sont . lent . l. . d. ●● . . sect. e. . docer sancta synolus sacramemi poenite ●tie formam , in quo praeripue ipsius vis stra est . in illis ministri verbis postram esse , ego te absolva . sunc sutem quasi materia huiui sacramenti ipsus paenitentis actus nempe contritio , confessio &c. satisfactio . luk. ● . . tantum relevat confessio delictorum , quantum dessimulatio exaggerat . confessio autem satisfactioni● consi●un est , di●●mulirdo con●●maciae . ter. de ●e●m . ●h●y hom . . in epist. . l. 〈…〉 . le●● . ●● . ● all israel is bound on the day of expiation to repent and confess . ●● . mos. in lib. mi●●words haggadni . par . pet . ● . num. . . lev. ● . . mis●e tora tractan● te straba cap. . & k. m in . lib. misnoch . par . . chap. . mos. in mis. ●oth , par . par . . to him which is sick and draweth towards death , they say . c●●●si idem . mat. . . act. . . jam. . . mat. . ● . act. . . amb. de p●em . l. . c. ● . an●o . rhem. in jac. . john. . . pl●●o ●que hae 〈…〉 . o● nec●sitate in sacrineandi pecuris ● pul magistra cem redimehanc ac●epta sermitath sta●aphs unellarus dice ●●thur . hom. ●de initio quadriges●●m●r . hom. . ● . n●nach●s . graviores & acriores , & publicaes , cuta● requirunt . hom. . at monach. lib. . de poe● . cap. . cypr. epist. . inspecta ●●●a . ●●●s qui agit poe●i ●●●tiam . con. nic par . a. c. . profi●●●● & conversatione poenitentium n. de poen . list . cap. mensuram ambor . de poen . lib. . c . . greg niss erat in era qui slios ac●rbe fu licant . orig. in psal. . amb. . . de poen . c. . s. n●n ram se solvere cupiunt quam sac●rlot are ligare . aug in hom . de poen . h●m . de paen . niniv . aug hom de poen . citatu a gra●dis● . . c . indlces . v praepolitis sacrament orum accipiet satisfactionis sue mosum . jam. . . cassiq c●l . . c. & . greg. niss oratione in ●os pui a●ios acerbe iudicant . leo. . ep. . ad epis. cam. pan eirat . a grarale poen . d. . e. suffien . ambr. l. a. de poen c. . terral . de poea . leo. ep. . tanta haec socrati restanti praestande est sides ; quanta caeteria herecide de suis dogmatibus tractandbus ; quippe novarianus , sectista cum surrir , quam vere ac syncere haec scripscrit adversus poenitentiam in ecclesia administrari solleam . quemlihet credo posse facile judicare , barwn . . ann . chr. . sozomenum eandem prorsus causem sovisse certum est . nee eudaemonen illum allium quom novarianae sectae hominem sasse enlendum est . ibidem . sacerdos ille merito à nectario est gradu amous officioque depositus , quo sacto novationi ( ut mo●est haer eti corum ) quamcunque licet levem , ur syncer is dogmatibus detrahant , accipete ausi occasionem , non tantum presbyterum poenitenstarium in ordinem redaectum , sed & poenitentiam ipsam unù cum co suiffe proscripram , calumniose admodum coaclamarunt , cum tamem illa potius theacralis sieri interdum solits peccatorum so●ist abrogera . ibidem . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fab. decret . ep. . tom. . conc. p. . nec est quod sibi blandiantur illi de facto nectarii cum id potius secretorum peccatorum confessionem comprobet , & non aliud quam presbyterum panitentialem illo officio suo moverit , uti amplissirme deducit d. johannes hasselus paniel . in cypr. lib. de anno● . . & in lib. tertul. de poen . annor . . sa●erdos impo●● ma●●● subjecto , redi un spiritus sancti lav●cit , arque ira cum qui maitus suerat satane ●inrecima● carnis , ut spiri us salvus fierce indicta in p●npu um oratione , ahavi reconcillas . hier ad●est . luci● . amlr. de poen . l. . c. . chryst. hom . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cassian . col. lat . . c. . pro●per . de de vira cont . mpl . l . c. . cal● . inst l. . c. . sect . . sed●ant●n ut ecclesiae in aliqua ratione satisfactum . &c omnes unius poea●ntia confirmentur , qui suerant unius peccath & scandalis vulnerati . sadeel , in psal. . v. . harm con●ess . sect. . ex . . cap. confess . bohem. cap. . confes . bohem. as for ●rivate confession , abuses and errors set apart , we condemn it not , but leave it at liberty . iewel desen . part . . nos à communione quenqu●m prohibere non pessumus , quamvis hue prohibido ●o●d●m sic mortalis , sed medicinalis , nisi aut sponte confessum , aut aliquo sive seculari , sive ecclesiastico j●dicio ●ccusatum ●●que convictum . quis enim sibi utrumque audet allumere , at cuiqu●m ipse sit ●e ●ccuintor le jude● . non enim ●emere , & quodanimo●o siber , sed propter judicium , ab ecclesiae communione separandi sune mali , ut a propter judicium anserri non possine , tolerantur potido . velut palcae cum ruitice . multi corrigantur , ut petrus ; mul●i tolerantur , ut judas ; multi neseluntur , donce veni●t dominus , se illuminable obscondito renebrarun . rhenan . admonit de dogmat . tertul. lib. . de poen . non dico tibi , ut te prodas in publicum , neque ut te apud abosaccuses , sed obedire se volo prophetae dicenti , revela domino viam tuam . anie deum constere peccata rua ; pecca●a rua dicito ut en delean , si confonderis alie ●i dicere quae peceasti , dirito ea quetidie in anima : non d●co ut confiscaris conservo qui exp●●bici ; deo dicien qui ea curar ; non necesse est praesenibus , ●●tibus confiteri , solus te deus consirentem videat . ●ogo & oro ut crebrius deo immorrali confiteam●ni , & enumeratis vestrical● lictis veniem petatis . non te in theatrum conservoram duco , non hominibus pecu●a tue conor deregers . repete coram deo consceuriam tuam , te explica , ostense medico . praestantisimo vulcera tus , & pere ah co medicamentum , chrysast , hom . . ad hebr. & in psal. . hom. de poen , ●e confess . & horn . . de incara . dei natura , ho●mi ●remque de lazaro . tertul. de poenit . chrysost. in cor. hom . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cypr. est . & ep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dis . . apoc. . . casia . col. . c. ● . basil hom . in psalme . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum deus irascirur non ejus significatur perturbatio qualis est in animo irascenris hominis sed ex humanis moribus translato vocabulo , vindictae ejus , quae non nisi justa est , irae nomem ecepit . augustin . tom . . ench. cap. . poenitensiae compensacione redimeadam proponit impunitarem deus , tertullian . de poenitentia . a numb . . . b numb . . . c num. . d sam. ● . . e cui deus vese propitius est non solum consonat peccara ne noceant ad suturum feculum , sed etiam caffigat , nesemper peccare delicter . aug. in psal. . f plectumur quidam que cereri corrigantur ; exemple sunt omalius , tormenta paucorum . cypr. de lapsis . ezech. . rom. . . esay . ● . g sitexit deus peccato , noliutadverter●● sinoluie alviriere , no●uit animad-verrere . aug. de pecomer . & ren● . lib. ● . cap. . mirandum non est . & mortem corporis non suisse eventurum homini , nuī praecessiser precatum , cujus tiam talis poe●e enasequeretur , & pest temissionem peccamrum eam fidelibus evenire , ur ejua ●●inore vmcendo excerceretur fortitudo justitiae . sic de mortem corp . ●● propter hoc peccarum deus homini inflixer , & post pessarorum remissionem propter exerc●ndam justiriam non ademit . an●c r missicnem ess illa supplicia pecc●●orum pes● remilsiorem autem certamina exercitationesque justo● um . cypr. epist. ●● . . cor. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chrys. hom . . in ep. ad . heb. cypr. de lapsi . salv. ad . eccl. coth . lib. . levit. . . numb . . quamdiu enim res propter quam peccatum est , non redditur . si reddi potest , non agitur poenitentia sed singitur . sent. . d. . cypr. ep.l. . basil. ep. ad amphi. c. . concil . ny●en . can . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , id est manifestis indiciis deprehensa peccatoris seria conversione ad deum . can. . jacens stantibus , & integris vulneratus , minatur . ex. . . jer. . . ezech. . . cor. . . the end of satisfaction . the way of satisfying by others . mat. . mark. . . luc. . . ipsus poenitentis actio non est pars sa. ●amenti , nisi quatenus potestati sacentorali subjucitur , & à sacerdore dirig●ur vel jubetur . bell , de poen ● . . c. . christus instiruit sacerdotes judices super cerram cum es potestate , ut sine ipsorum sententis , nemopest b●prismum lapsus reconciliari pessit . bell. l. . ● . de poenit. quod si posset ii sine sacerdutum ●ententia absolvi , non esset vera christi promissio . quaecutque &c. bellarm. ibid. christus ordinarium suam parellarum in apostolos translusit , ex●ran●linariam sibi rese ravir . ordinaria enim remedia in ecclesia ad remittenda peccara sune ab eo institura , sacramenta : sine quibus peceara remittere christus potest , sed extraordinari● & musto rarius hoc facit , quam per sacramenta . noluit igitur eos extraordinariis remissionis peccaterum considere , quae , & rara sunt & incerta , sed ordinaria , ut ira di cam , visibilia sacramentorum quant ere remedia . maldon . in mat. . . mat. . . mat. . . luc. . . cypr. de saps . c. . clem. alex. paedag li. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . esa. . veniam peccatis quae in ipsum commissa sunt solus potest ille largiri , qui peccara nostra potravir , qui pro nobis doluit , qoem deus tralidir pro peccatis nostris . victor de persecut . van. dal . securitas delicti etiam libido di cju● . concil . nor caesar . c. . secrat . l. . c. . concil . nuen . c. . secrat . l. . c. . in peccaro , cria sunt ; actio mala , interior moculo , & sequela . bon. seut . l. ● . al. . q. . joh. . . mat. . . acts. . . prov. . . sacerdote opus justifiae exerte●s in peccator●s cum eos just● poena ligaor , opus miserie●ediaecum de ea aliquod relaxant , vel sacramentorum communioni concilia●r ; alia opera in peccatores exercere nequ●unt . ●●●r . l. . dis . . acts. . . mich. . . cor. . . tit. . ● . luc. . . mat. . . sam. . . luc. . malach. . . sent. l. . li● . . hier. rom . . comment . in . ma● . scot. sent . l. . s●lui . ad . . quaest . & quintam . occam in . qe q●ant . alias . quaest . . in . sent . a lutherani de hae re interdum irascribunt , ut vilcantur à catholick non dissentire ; interdum aurem aperissime sci ibunt contraris : at semper in eadem sententia maneut . sacraments non habere immediate il●am efficientiam respecta gratiae , sed esse muda signa , ●amen mediore aliquid efficere quatemus excitant & alunt fidem , quod ipsum non faciunt nisi repraesentando , ut sacramenta per visum excitent fidem , quemadmodum praedicatio verbi per audirum . bellar● . de sacr. in genere . l. . c. . quaedam signa sunt theories , non ad alium sinem instituta , quam ad significandum ; alia ad significandum & efficiendum , quae ali●● practica dici possunt . controrersia est inter nos & hare●eo● , quod illi faciant sacramenta signae prioris generis . quare si ostendere poterimus esse signa posterioris generis , obtinuianns ●causam , cap. . b s●mper memoria reperendum est sacramenta nihil aliud quam instrumentales esse conserendae nobis graine causas . calv. in ant. coa . ●ribl . sc. . c. . ●iqui sine qui ●egent sacramentis con●i●eri gratiam quam figurane , illos inprobu●tur , ibid. can . ● . c isle modus non transcendit ●ationem signi , cum sacramentum norae legis non solum sigficent , sed ca●isent gratiam . part . . q. . act . . alexan. par●● . q. . memb . . act . . . . & . th●de vetir . q. . act . . alliac . in quant . sent . . . capt. in . d. . q. . palud . ●●n . perrar . lib. . cont . gent. c. . necesse est pon●te aliquam virturem supernaturalem in sacramentis . sers . . d. . q. . act . . sacramentum consequirer spiritualem virtutem cum benedictione christi , & applicatione ministri ad usu● sacrament . par . . q. . art . . concil . vistus sacramentalis habet es●e t●arsiens ex uno in aliud & incomple●um , ibidem . ex sacramentis duo consequntur in anima , unium est character . five aliquid ornarus ; aliud , est gratis . respectu primo , sacramenta sunt c●●tr aliquo modo efficientes , respecta sc●undo , sunt dispan●ntes sacramenta e●uiam dispositionem al form●m ultimam , sed ultimam periectionem non inducunt . sent. ●●l . . art . ● . ●●lus deus effie●t gratiam adeò quod nec angelis , qui sum n●●●liores sensibilim● creaturis , hec emmunies , ●ur . sent. . d. . q. . art . . eph. . cir●n●um enim ne dunt n●●is datu● corporalibus si●●is ad laudeu● , sub●●a h●mus h●norem causae curanti & animae suscipienti . ●●l . . io. . bel. de sacr. in gen . l. . c. . dicimus grati●m nan ●reari à ●eo , sed produci c● api●u ●ine & poten●ia naturall animae , sicut ca●er e●atia quae pen●●ca ●ur in s●●j●ct ● talibus quae ●uet apra n●ra ad sa cip endium acridem ●● . allen de sacr. in gen . c. . tho. de verit. q. . art . . resp . ad . acts . . quod ad circumcisionem sequebatur remissio , siebat ratione rei adjunctae , & ratione pacti divini , eodem plane modo quo non solum haeretici , sed etiam aliquot verustieres scholastici voluerunt nova sacramenta conferre gratiam . allr de sacr. in gen . c. . bonaventura , scotus , durandes , richardus , occamus , marcillus , gabriel , volunt solum ●cum producere gratiam ad praesentiam sacramentorum . bellarm. de sacr. in gen . lib. . cap. . purol nge probatiotem & tntiorem sententiam quae dat sacramentis veram efficientiam . primò , quia dectores passim docent . sacramenta nor agere nisi priùs à deo virtutem seubenedictionem seu sanctificationem accipiant , & reserunt , effectum sacramentorum ad omnipotentiam dei. & conserunt cum veris causis efficientibus . secundò , quia non esset . diffe entia inter modum agendi sacramentorum , & signorum magicorum . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quia tunc nonesset homo . dei minister , in ipia actione sacramenti , sed ho nu praeberet signum actionesua , & deus sua actione viso eo signo infunderet grat●●n , ●t e●●● unus oftendisua syngrapham mercatoci , & ille dat pecunias . at scriturae docent , quod dews baptizae per hominem . bellarm lib. . cap. ● . corc. t●id . sess. . c. . b●llarm de poenit l. . c. . ha●c expositio , ego re ●lai●●vo , id est . absolutum ostendo partim quidem vera est , non tamen perfecta . sacramenta quippe nova legis non iclum significant , sed . efficiunt quod significant . soto . sent . l. . dist . . q. . art . . atritio solum dicit dolorem propter poenas inferni ; dum quis accedit attritus per gratiam sacramentalem , sit contritus . soto . sent . . dist . . q. . art . . dum accedit vere contri●us propter deum , illa etiam contritio non est contritio , nisi quarenits prius natura informetur gratia per sacramentum in voto . soto , sent . . dist . . q. . art . . legitima contritio votum sacramenti pro suo tempore debet inducere , atque ad● ò in virtute futuri sacramenti peccata remittir . id. art . . tunc sententia sacerdotis judicio dei & torius coeiertis curiae appro●atur , & confimatur , cum ita ex ●iscretione procedit , ut reorum m●rita non contradicant . sent. l. . d. . non est periculosem sacerdoti dicere . ego reabsolvo , illis so quibus sign● contritionis videt , quae sunt dolor de praeteritis , & proposirum de caetero non peceandi ; alike , absol●●re non debet . tho. opuse . . cypr. de lapsis . a reatu mortis aeterae absolvitur homo à deo per contritionem ; manet autem reatus ad quandam poenam temporalem , & minister eccles●● quicunque virtute clavium tollit reatum cui●●dam partis poenae illius . abul . in desens . per. . ● . . signum hujas sacramenti est causa effectiva gratiae five remisstonis peccatorum , non simpliciter sicut ipta prima poenitentia , sed s●cundum quid ; quia est causa efficaciae gratiae quà sit remissio peceati , quantum ad aliquem effectum in poenitente , ad minus quantum ad remissionem sequelae ipsius peccati , scillcet poenae . alex. p. . ● . . memb . porestas clavium propriè loquendo non se extendit supra culpam ; ad illud quod obj●ct●●s , to. . quorum remiseritis pecatta : dicendum , quod vel illud de remissione dicitur quantum ad offensionem , vel solum quantum ad ●●enam . bon se●t . l. ●●●t . ●●● . . ab aetema poena nul●o mul● solvit sac●●dos , sed à purgatoria●ueque hoc per se , sed per acciden● . quad cum in poenitente , virtute clarium , minu ; tur ●leb●cum poenae temporalis , non i●a acriter punie●ur in purgatorio sicur , si non esset absolutu● . sent. l. . d. ● . ● . . mat. . . mar. . . acts . . heb. ● . . heb. . ● . jer. . ● . mich. .c. , ● lameat . . . quam magna deliquimus , tam granditer 〈…〉 mus . a●to vu●neri diligens & longa medicina non desit ; poenitentia crimine minor non sit . cypr. de lapsis . non levi agendum est contritione , ut debita illa redimantur , quibus mors aeterna debetur ; nec transitoria opus est satisfactione pro malis illis , propt●r quae paratus est ignis aeternus . euseb. emissenus , vel potius salv. f. . psal. . . mat. . . acts. ●● . . jer. ● . . joel . . chrys. de repar . laps . lib. ad theodor. deposit . dist . . c. talis . aug. in ps. l. ● . notes for div a -e the state of bishops although somtime oppugned , and that by such as therein would most seen to please god , ye● by his providence upheld hitherto , whose glory it is to maintain that whereof himself is the author . cyp. l. . ep . . sulpit. severe . lb. . beda eccl. hist. l. . c. . a an. . b alfredus eborac asis archie● iseopus galieimum cognome●to northum spirantem adhue minesua & caelis in pe●ulum , mitem red●lia●● & religi●sis in pro conservands repub . tuerd que ecclesiast . also . sacramento asiiuxit . nub. i● . l. ● . c. ● . what a bishop is , what his name doth import , and what doth belong to his office as he is a bishop . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dionys. haltar . de numa pompili , antiq. lib. . vult ●● pompeius esse quem tora ●re campania & maricima ora habear 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad quem delectus & negotii summa referatur . cic. ad attie , lib. . epist. . b acts . phil. . . and god brought them unto adam , that adam might see or consider what name it was meet he should give unto them , gen. . . so also the name deacon , a minister , appropriated to a certain order of ministers . the name likewise of a minister was common to divers degrees , which now is peculiarly among our selves given only to pastors , and not as anciently to deacons also . in bishops two things traduced ; of which two the one their authority , & in it the first thing condemned , the ; superiority over other ministers : what kind of superiority in ministers is it which the one part holdeth and the other denieth lawful . from whence it hath grown that the church is governed by bishops , meminise diaconi debent quoniam apostolos id est episcopos & praepo●●os dominus elegic . cyp. l. cp . . rom. . , . cor. . . joh. . , ● . gal. . . a him eusebius doth name the governor of the churches in asia , lib . hist. eccles. cap. . tertujian calleth the same churches st. lohns foster , daughters , lib. . advers . marcion . b iacobus qui appe latur frarer domini cognomento justus pest pathonem domini flatim ab apostiolis , hierosolymerum episeopus ordinatus est . hierom de script . eccles . eodem tempore jacobum primumu fedem episcopaslem ecclesiae quae est hierosolymis obtinuisse memoriae traditur . euseb. hist. eclces . lib. . cap. . the same seemeth to be intimated acts . and acts . . c acts . . d acts . . e tit. . . f this appeareth by those subscriptions which are set after the epistle to titus , and the second to timothy , and by euseb. eccles . hist. lib. . c. . g irem lib. . c. . h in ep. ad antioch . hi●ron . ep . . cypr. ep . ad plorent . * theed . in tim . a ipsius apostolates nulla successio pinitur enim legatio cum legoto nec a●l successores ipslus transit . srgpl. doct . prin . con . b act. . , . john . . c gal. . . d apoc. . . e mar. . . the time and cause of instituting every where bishops with restraint . acts . , acts . . as appeareth both by his sending to call the presbyters of ephesus before him as far as to milituch . acts . , which was almost fifty miles , and by his leaving timothy in his place with his authority and i●sh uffions for ordaining of ministers there . tim. . . and for proportioning their maintenance , verse . . and for judicial hearing of accusations brough● against estem , verse . and for holding them in an uniformity of doctrine , chap. , vers . . revel . cypr. l. . epist. . hi●ren . ep. ad e●ag . exod. . epist. ad jan. ep. ad evag. t. c. a. p li. it is to be observed that ierom saith , it was so in alexandria . sign sung that in other churches it was not so . socrat. l. . c. . a unto ignatius bishop of an●●uh , her● a deacon there , was made successor . chrysostom being a presbyter of anfi●ch we chosen to succeed nictarius in the bishop rick of constantinople . a bishops he meaneth by restraint ; for episcopal power was always in the church instituted by christ himself , the apostles being in government bishops at large , as no man will deny , having received from christ himself that episcopal authority . for which cause cyprian hath said of them . meminisse diaconi debent quoniam apostolos , id est , episcopos & praepos●ros dominus elegit : diaconol aurem posla ●censum domini in co●los , apostoli sibi constiruerunt , episcopatus sui & ecclesia ministros . lib . ep. . lib. a. ●o ● . h●●res ● . de prescr● p. o●●● r● . here● . acts. . acts. ● . acts. . tim. . ● . what manner of power bishops from the first beginning have had aug. ep. . ●d hierom. & de haeres . . cor. . tim. . . tettul . de r●● . vi●g . epiph. . l. ● . haer . . acts. . ● . . tim. . . tim. . . a pud aegyptum presbyteri consir mans si ● raesens non fit eps. copus comq . vulgo amb. dic . in . ep. ad ephes. numb . . . numb . . chron. . . joseph . atnig . p. ● . cypr. l. . ep . . ad rogatianum . h●erom . ep. ● . ep. ad smyr . tim. . . against a presbyter receive no accusation under two or three witnesses . ignat epist. ad antioch apud cypr , ep. . ep. . tertul advers psychic . episcopi universae ple bi r mandare jejunia assoleni . cypr. ep. . cypr. ep. . vide ignat. ad magnes a quod aaron & tilios ejus , hoc episcojum & presbyteros esse noverimns . hier. ep. . of neporia●um . b ita est ut in episcopis hominem , in presbyteris apostolos recognoscas auctor opuse , de ordinib eccl. inter opera hieron . c ignat. ep. ad tra. d inslit . l. . cap. . sect. ●● hiere n. epist. od eu●gr . . chrysostom lo in tim. . a velut in a qua sublimi specula 〈…〉 dignantur videre mo●tales & alloqui con●er●os suos in a. ● . epist. ad gal. a nemo peccantibus episcopis audet contradicere : nemo audet accusare majorem , propteres quasi sancti & beati & in praerptis domini ambulantes augent peccata peecatis . dissicilis est accusa●io in epise●pum . si ●●ha p●ecaverit , non creditur , & si convictus suerit ron punirur . in cap. . ecclesiast . b pessimae consuetudi●● , est in qui●usdam eccles●● tacere presbyteron & praesentibus episcopis non loqui ; quasi a●● invideant aut non dignentur audice . ep. . ad nepotian . c ep. . ad rip●r . d hieron . ad . nepo● . e no bishop may be a lord in reference unto the presbyters which are under him , if we take that name in the worse part , or ierom here doth . for a bishop is no rule his prebyters , not as lords do their slave● but as fathers do their children . in vira chrys. per ca●●od . sen. pallad in vita chrysostom . after what sort bishop● together with presbyters have used to govern the churches which were under them . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 zon in can. apost . cum episcopa presbyteri sace●lat . li ho●●re conjeusti . ep. ● g ● compresbyteri p●striq●i nolas a●tide bant , ●p . . cyp. ep. cyp. e● . ●● * ●●● such as or was that ●eter wha●● all cussiator writeth the life of chrysostom doth call the accepresbyter of the church of alexandriae under troj ●●●● that time ●●● . psal. how sirr the lower of bishops hath reached from the beginning in respect of territory or lu●● compass . i. ● . p. de epise . ad cler. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 resides . cypr. ep. . cum jampridem per omnes provin●as & per urbes singulas ordinari sunt episcopi . u●● ecclesiastici ordinis non est c●n●●●s , & osser● & ●ngit ●sierailos● qui est in solus , tert. exhor● , ad castir . cypr. ep. ● . heron , advers . lucifer . cypr. ep. ● . * cou. antioch cap. . ' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cone . constant. c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. . cap. . a cor. . as i have ordained in the churches of galatia , the same do ye also . b cor. . chrys. in ● . ad ti● . ●palial● in●●ia chr●●●●● . ●cane l antioch ca● . . ● a cic. fam. ep. . si quid na 〈…〉 um aliquo helle●●●●●io controversiae ut in ill●m 〈◊〉 rejicias . the suit which tully maketh w●s this , that the party in whose behalf he wrote to the propraetor , might have his causes put over to that court which was held in the diocess of hellespont , where the man did abide , and not to his trouble be forced to fo●low them at ephesus , which was the chiefest court in th●t province . b cic. ad attic . lib. . ep. . item . . observ . d. de officio proconsulis & legati . c lib. . tit. . l. . sect . . & . sancimus ut sicut oriens atqu● illyricum , ita & africa praetoriana maxima potestate specialiter à nostra elementia decoretur . cujus sedem jubemus esse carthaginem & ab ea , auxiliante deo. septem pro●inciae cum suis judicious disponantur . d psal. . , . concil . antiochen , c. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vilierius de fla●u primitivae eccl●… . socr. l. . c. ● . c●n. . can. ● . novel . . concil . nic. c. . ejusd . con. cap. ● . t. c. l. t. ●● . what ? no mention of him in theophibus , bishop of antioch ? none in clemens alexandrinus ? none in ignatius ? no●●●● in iustin martyr ? in irenaeus . in tert●l in o●igen , in cyprian ? in tho●e old historiographers , ou● of which eusebius gathered his story ? was it for his baseness and smalness that he could not be seen amongst the bishops , elders and deacons , being the chief and principal of them all ? can the cedar of lebanon be hidden amongst the box-trees ? t. c. l. ● . ubi supra . a metropolitan bishop was nothing el●e but a bishop of that place which is pleased the emperor or magistrate to make the chief of the diocess or shire , and as for this name it makes no more difference between a bishop and a bishop , than when i say a minister of london , and a minister of newington . con. nicen. c. . illui autem amnino manifestum , quod siqus absque m●tro politani sententia sactus fl●● p s● . hune magna ●vno de lefin vit epis● . ess . no●n portere . can. . a n●vel . . can . b now. . c. c now l. . . d novel . . can . . e novel . . . a. . f can. . can. . can. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . can. . can. . callind . in vita chrysost. hieron . ep. . in what respects episcopal regiment hath been gainsaid of old by aerius . aug. de haen . ad quod vult deu . aeriani ab aerio quodam sunt nominari qui qinum e●●er presbyter , docuisse sen●ur , quad episcopus non potest ordioare . dicibo : episcopum a presbytero nulla ratione debere diseerni . aug. de haer . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a as in that he saith , the apostle doth name sometimes presbyters and not bishops , ● tim. . . sometime bishops and not presbyters , phil ● . ● . because all churches had not both , for want of able and sufficient men . in such churches therefore as had but the one , the apostle could not mention the other . which answer is nothing to the l●t●er place above mentioned : for that the church of philippi should have more bishops than one , and want a few able men to be presbyters under the regiment of one bishop , how shall we think it probable or likely ? b tim. . . with the impesition of the presbyteries hand . of which presbytery s paul was chief . tim. . . and i think no man will deny that s. paul need more than a simple presbyters authority . phil. . . to all the saints at philippi , with the bishops and deacons . for as yet in the church of philippi , there was no one which had authority besides apostles , but their presbyters or bishops were all both in title and in power equal . in what respect episcopal is gain-fall by the authors of pretended reformation at this day . their auguments in disgrace of regiment by●●heps , as being a meer invention of man , and nor sound in scripture , answered . titus . . timothy . . philippians ● . . peter . . . t. c. l. ● . p. . so that it appeareth that the ministery of the gospel , and the functurions thereof , ought to be from heaven : from heaven , i say , and heavenly , because although it the exce●red by earthly men , and ministers are chosen also by men like unto themselves , yet because it is done by the word and institution of god , it may well be accounted to come from heaven , and from god. answer . acts . . revel . . tim. . . tit. . . they of walden , acn. syl. hist. boem . norsilius . defens . pac nici . thum. wakl . c. . l. . cap. calvin , coment in ad id lit. bulhtiger , decad ● . ser. . juel defens , apol , par . . c. ● . ●●t . folk . answ. to the test. tic. ● . . john . . mat. . . lib. . rom. . . luke . . confes. . epist. . the arguments to prove there was no necessity of instituting bishops in the church . ep. . lb. . the sort-alledged argument , answered . t. c. l. . p. ● . & ●on . the bishop which cyprian speaketh of , is nothing else but such as we call pastor , or as the common n●m● : with us is , pastor ; and his church whereof he is bishop is neither di●ces● nor province but a congregation which met together in one place , and to he taught of one man. * etsi frarres pro dilectione iua cupoli sunt ad conven endum & visiandum censissires boars quos illustravit ja●● gloriosis initiis divina degnati ; ramen caur-hoc & non glomeratim nee pre multitudinem simull iunctain pure ●●●saciendum ne ex hor ipsu invidi● conciten ur , & in evened ●alive denegenar , & ilum inferiabiles multum volumus , ●●m perdamus is ; consulite ergo & providere ut cum temperamento bee egi ruids poth : ira ur presbyteri queque qui ille apud consessores offer ant sinu●h cum singulls , diaconis pervices acc●rum , qua & metatio personarum , & vecitiirudo converient um minuis invidiam ep. . cypr. lib. . ep. . acts. . an answer unto those things which are objected , concerning the difference between that power which bishops now have , and that which antient bishops had more than other presbyters . liv. lib. . d●c● quando epis. sect igitur . eccl dis p eccl. discipl . fol. . eccles. discip. p. . neque enim sas crae aut licebat ut interior ordinater major in : coment , q. ambros. til . hutio●ur , in tim. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cencil . carth●e . . c. . cypr ● ep . & . l. ● . ep. . concerning the civil power and authority which our bishops have . jer. . ● . cor. . v●l. birnah , e●sson , ane●● . jer , lib. . c. . aug. de oper . monarch . c. ● tim. . . convenit huju●modi eligi & ordinari sacerdotes , quibus nec liberi sunt nec nepotes , etenim fieri vix potest ut vacans hujus vitae quoti●●ae curis quae liberi creant parentibus maximè ▪ omne studium omnemque cogitationem circa divinam litugiam & res ecclesiasticas consumat . l. sect . c de episc. & cles . a cum multa divinitus , pontifices , à majoribus nostris invenia atque instituta sunt , tum nihil praeclarius quam quod vos eo●dem & religionibus , deorum immortalum & summae reipub. praesse voluerunt . cic. pro domo sua ad pontif. b honor sacerdotii firmamentum porentiae assumebatur , tacit. hist. lib. . he sheweth the reason wherefore their rulers were also priests . the joyning of these two powers , as now , so then likewise profitable for the publick state but in respect clean opposite and contrary . for , whereas then divine things being more esteemed , were used as helps for the countenance of secular power , the case to these latter ages is turned upside down , earth hath now brought heaven under foot , and in the course of the world , hath of the two the greater credit ▪ priesthood was then a strengthening to kings , which now is forced to take strength and credit from farr meaner degrees of civil authority , hic mos apud judaeos fuit , ut eosdem reges & sacerdotes haberent , quorum justitia religioni permixta incredibile quantum evaluere . just. hist l. . lib. . sect . . c. de episc. t. c. l. . p. . the arguments answered , whereby they would prove , that the law of god , and the judgment of the best in all ages , condemneth the ruling superiority of one minister over another . t. c. l. . p. . t.c. l. . p. . pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . can. . concil . carthag . de haer . baptizandis . lib. . ep. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t. c. l. . p. . theod. hist. eccles. l. . c. ● . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . heronymus contra lucifer . saluccin ecclesiae pemdere d●cira summi sacer●uris digmiate id est . episcop● idem est is hieronymo summos sacerdo● quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in carthaginensi concilio . vide c. o●nes . dist . i●em c. de conseq . dist . . the second main thing wherein the state of bishops suffereth 〈…〉 their honor. numb . . . pet. . . ecclus. . . levit. . . ecclus. . . prov. . . pet. . . psal. . . what good doth publickly grow from the prelacy . a quis est ea●● vecors . qui ●u●●um suspect cri● in coelum deos e●e non sen●a● , & en qu●●●anca mea●● siunt ut vix quis quam arte ulla ondinem rerum ac vicissicudinem perse qui possi● . ca●● sieri poter● our . cum deos esse intell exerit . non intelli●a● eorem nural●ne hoc tantum imperium esse narum & a●ctum & rerentum ● cie . orat. de haru● respon● . b tit. . l. . c. de summatri ● nit . c l. . c. de episc. ●● cler. d l. . c. de episc. audiend . psal. ● . ● ● qui sacerdotes in veteri restamento vocabantur , hi sont qui nunc l'resbyteri appell antur : & qui tune princep● sacerdocum , nunc episco●m vocatur . roba . maur. de . ●ss . t . cler. . .c . ● . tim. . . rom. . . deut. . . mat. . . petr. d'efens . ep. . psal. . . isa. . . what kindes of honor be due unto bishops psal. l . ● . . ●●●●e in title . place , ornaments , acren●ancy and privilledge . 〈…〉 lib. . c. ● . h●stor . eccles. l. . c. ●ls summa trinit l. . c de epist. & cler. l. . c. de sacrol . eccles. mor. . . . they love to have the chief scars in the assemblies , and to be called of men , rabbi . ecclus. . . novel . . t. c. l. . p. . out of jos. l. . c. . l. ● . c. de sacr . eccles. l. . c. de sacr . eccles. l. a. c. de epise . & cler. l. c. de epise & cler. honor by endowncer with lords and livings . psal. . ● . that of ecclesiastical goods , and consiquently of the lands and livings which bishops enioy , ●●● propt 〈…〉 longeth a ● god done . a hos . . b psal. . ● . c job ● . . mat. . . prov. . . seneca . mat. . . ● a because ( saith david ) i have a delight in the house of my god , therefore i have given the eunio of my own both gold and silver to adorn it with . a chron. . . b ps. . , . phil. . . psal. ● . ● math. . . matth. . . joh. . . ans. cap. . de ●●nca . c. . c. cap. & . prov. . . m●l . . chro. . t● . wald. tum . . lib● . c. . gen. . . that ecclesiastical persons are receivers of god's ●●enr●● and that the honor of prelates is , to be thereof his chief receivers ; not without liberty from him gra●ted , of converting the same unto their own use , even in large manner . a num. . b num. . c num● . . d heb. . . e acts ● . . cor. . . acts . . acts . . & . . cap. . et concil . antioch c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 john . . heb. . ● . a num. . . b num. . c num. . d verse ● . e verse . f le● . . . verse num● ● . . vers. . , ● . . chron. . ● gen. . ● . numb . . josh. . . deut. . . lev. . . . ●●● . . . i●…th . . . numb . . . verse . cor. . . tim. . . cor. . . vide ● ● . . art . . tim . . acts . . acts . . a ditp●●ns . prosp. de vita contemp . l. . c. . oc●●n . l. . c de sa●r . ●erl●s . & novel . . in princip . b prosp. de vi●● cortempl . lib. cap. ● . a cypr. lib. . ep. . presbyterii honorem defiguasse nos ill●s jam seiatis de ●● sportulis eisdem cum presbyteris honorentur , &c divisioner menfurnai aequaris quantitatibus parti●ntur , sensuri nobiscum provectis & corr●horatis anuis suis. which words of cyprian do shew , that every presbyter had his standing allowance out of the church treasury ; that besides the same allowance called sportula , some also had their portion in that dividend which was the remainder of every months expence ; thirdly that out of the presbyters under● him , the bishop as them had a certain number of the gravest , who lived and commoned always with him . b prosp. de vita contempl . l. . c ● . pont. diacon . in vita cypr. lact. de vera . sap . l. . c. . cor. . . phil. . ● . that for their unworthiness , to deprive both them and their encres●ors of such go●ds , and to ●●nves the same unto men of secular calling , were extreme sacral●gious injus●e . psal. . . epiph. contra hares . l. . . baer . . a ammian . marcel . lib. b vide in vita greg. naz. c nemo gradum sacerdoti precii venalitate mercetur quantum quisque mercatur non quantum dare sufficiat , aestimetur . profecto enim , quis locus tutus & quae causa esse poterit excusata , si veneranda dei templa pecuniis expugnentur ? quem murum integritaris aut vallum providebimus , si auri sacra fames in penetralia veneranda proserpat ●quid denique cantum esse poterit aut securum , si sanctitas incorrupta corrumpatur ? cesser altaribus imminere profanus ardor avaritiae , & à sacris a●ytis repellatur pi●culare flagitium . iraque castus & humilis nostris temporibus eligatur episcopus , ut quocunque loc●rum pervenitit , omnia vita propriae integritate purificet . nec pretio sed precibus ordinetur antistes . l. . c. de epis. & cler. can. apost . ● egisip . l. ● . c. . . sam. . plat in phaed●● m. 〈…〉 in pimandro . ●●al . ● . mal. . . acts. . . gen . . numb . ● . . levit. . ezek. ● . . habak . . . mal. . . prov. . . . chron. . chap. . psa. ● , lib. . ep. . ddd . valent theodof . ●e archad . l. c. de sicros eccles . a podet dicere , sacerdotes idolorum . a● . rigae ; mimi ecscorte haereditates capient , toris clericis & ●●●achis ●● lege prohibetur & prohibetur non ● persecu●ori●us sed principibus cheisti●●is . nec de lege conquero● sed doleo quod meruerimus hane legem . ad nepot . . b obad. vers . ●lor . lib. . c. . deut. . , . notes for div a -e maccab. ● . arist. pol. l. . cap. . maccab. arist. pol. lib. ● cap. . liv. lib. . three kinds of their proofs are stakes from the difference of affairs and offices . chron. . , . hebr. . . allum . lib. p. . ● . taken from the speeches of the fathers opposing the one to the other . euseb. de vita constan. lib. . aug. epist. . isai. . . mal . ● . chron . ● nehem. . ● . acts . . . taken from the effect of punishment inflicted by the one or the other . luke ●● . cor ● . the right which men give . god ratifies . conrora est poresiat dele●a●a de●●raction . iunies bru●iel vindie , pag. ● . pag. ● . tully de office. arist. fol. lib. ● . cap. ● . pythag●rae● . pad eccless . de reg●o . stipl . de ●●● princip . i●s . ● . , . t. c. l. . p. . farmen●●ef●of the godly magistrate . cicero lib. . de ma● decr. kinds . by what●e●●● . ob 〈◊〉 publica per 〈◊〉 consu 〈…〉 l.c. . ● de origine . i●ris civilis . according to what example . stapl. de prin . doct. pag. . stapl. . idem ib. rasiensis , epist . p. . . pres. cont . . calvin . in com . . amos . . t. c. l. . p. . ephes. . ● . col. . ● . ephes. . . . . . col. . ● . col. . esay . . teka● is termed the head of samaria . ephes. . . psal. . ● . t. c. l. . p. ● ● . t. c. l. . p. ● . ●poc . ● . ● . john. . . heb. . . t.c. l. . p. ● t.c. l. . p. . heb. . . esay . . rom. . prov. . . humble motion . p. . rev. . . cor. . . t. c. l. p. . t. c. l. p. . lk hen. . . . t. c. l. . p. ● . t. c. l. . p. . . t. c. . p. . t. c. l. ● . p. . polyb. l. . demilit . ac domis●t . rom. discipl . lib. . de cul. illisid . & do conventiculis , cap de ephe. & presbyt . hierarch . lib. . cap. . constant. concil . à rheedasio . sardicen . coosi● à con. hieron . cont . ●ussinum . l. . sea omen . l. . cap. . ambros. epist . ● . a● . . & phil & mar. cap. . i●dem quod principi placult , legis habet vigorem . inst. ●● j. n. g. & c. t.c. l. . p. . t.c. l. . p. . t.c. l. . p. . apol. ● . . p. power to command all persons , and to be over all judges in causes ecclesiastical . chron . , , , , . ● chron. . ● . jos. . . just. de o●f . c. ●ud . eliz cap. . mach●avil . hist. florent . . ● . hen. ● c. t.c. l . p. ● . chron. . . heb. . . stanf. pleas of the crown , l. . c. . t. c. l. . p. . euseb. de vita constant. l. . ep. , . lib. . ep . . * see the secture of edw. . and edw. . and nat. brev. touching prohibition . see also in bracton these sentences , l. ● . c. . est jurisdictio onlinaria quae lam delegata , quae pertinet ad sacer dotium , & forum ecclesiasticum , sicut in causi● spiritualibus & spiritualitari annexis . est etiam alia jurisdictio o●linaria vel delegata quae pertinet a coronam , & dignitatem regis & ad regnum in causis & placitk rerum temporalinm ●●o seculari . again , cum diversae sint hinc inde jurisdictiones , & diversi judices , & diversae causae . debet quibber ipsorum inprim ● aestimare , an sua sit jurisdictio , ne falcem videatur ponere in mestem altenam . again , non pertinet ad regem injungere : poenicentias nic adjudicem secularem , necetiam ad cos pertinet cognoscire de lis quae lunt spiritualibus annexa , sicut de decimis & aliis ecclesiae proven●ionibus . again , non est lacins conveniendus coram judiae ecclesiastico de aliquo quo lin soro seculari terminari possit & de beat . what laws may be made for the affairs of the church and to whom the power of making them appertaineth . deut. . . and . . josh. . . thom. l. . quael . . ●●● . . prov. . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 archit . de leg . & instit. that is ; it behoveth the law first to so establish or settle those things which belong to the gods , and divine powers , and to our parents , and universally those things which be vertuous and honourable . in the second place , those things that be convenient and profitable ; for it is fit , that matters of the less weight should come after the greater . acts . , , . acts . . mat. , mat. ult . cor. . cap. delicta . de excess . praelator l. per fundum rusticor ▪ praed & sect . religiosum de rerum divis . gless . dict . . c. ●●inam . boer . fyod . hercoic . quast . l. . sect . . verum ac proprium civis à peregrino discrimen est . quò d alter imperio ac potestate vili obliganur , alter justs principis alient resputre potest : illum princips ab hostium aeque ac civium injuria tueri re●ttur , hune non leem nisi rogatus & humaniraus officiis , impulsus , saith bodinde repub. l . c. . non mulrum à fine . p. . e●ir . lug. l. e. in fol. . hom. . . . a scepter . swaying king , to whom even iupiter himself hath given honor , and commandment . notes for div a -e tim. . . mark . . sam. . , , , . gal. . . . ezek. . . ez. . . notes for div a -e a mere formality it had been to me in that place ; where , as no man had ever used it before me , so it could neither further me if i did use it , nor hinder me if i did not . a his word● be these , the next sabbath day after this , mr. hisker kept the way he entred into before , ●●● bestowed his whole hour and more , onely upon the questions he had moved and maintained . wherein he so set the agreement of the church of rome with us , and their disagreement from us , as if we had consented in the greatest and weightiest points , and differed onely in certain smaller matters . which agreement noted by him in two chief points , is not such as he would have made men believe : the one , in that he said they acknowledge all men siners , even the blessed virgin , though some of them freed her from sinne : for the council of trent holdeth , that she was free from sinne : another , in that he said , they reach christ's righteousnesse to be the onely meritorions cause of taking away sinne , and differ from as onely in the applying of it . for , thomas aquinas , their chief schoolman , and archbishop catherinus , teach . the christ took away onely original sinae , and that the rest are to be taken away by our selves : yea , the council of trent teacheth . that the righteousness whereby we are righteous in god's sight . is inherent righteousnesse , which must needs be our own works , and cannot be understood of the righteousnesse inherent onely in christ's person , and accounted unto us . * this doth much trouble thomas , holding her conception stained with the natural blemish inherent in mortal seed . and ●●e●e ●●●● he putieth it est with two answers ; the one , i h●t● her church of rome doth not allow , but tolerate the feast ; which answer now will not serve : the other , that being sort she was sanct fi●e● before birth , but on sure how long a while ●her her conception , therefore under the names of her conception-day , they honor the ●it●● of her sanctification . so that besides this , they have ne●●r no soder . make the certain allowance of their feast , and their uncertain sentence concerning her sin , to cleare together , h●● . ●●orl● quast . on . . ab . . & . annot in rom. . sect . . lib. . deleas . fidei . orthod . lib. ● in sent. dist . . quaest . . art . . bellarm. judic . de lib. concor . mend● . . nemo catholicorum unquam sic docuit , sed credimus & profitemur christum in cruce pro omnibus omnino peccatis satisfecisse , tam originalibus quàm actualibus . cal● . l●st . l. ● . c. . sect . . * in the advertisments published in the seventh year of her majesties reign : if any preacher , or parson , vicar , or cura●e so licensed , shall fortune to preach any matter tending to dissention , or to decoration of the religion and doctrine received , that the hearers denounce the same to the ordinary , or to the next bishop of the same place , but not openly to co●trary , or to impugn the same speech so disorderly uttered , whereby may grew offence , and disquiet of the people , but shall be convinced and reproved by the ordinary , after such agreeable order as shall be seen to him , according to the gravity of the offence : and that it be presented within one month after the words spoken . notes for div a -e lib. . ann. lib. . hist. in vita agricolae . lib. ● . notes for div a -e cor. . . cor. . . a or whosoever it be , that was the author of those homilies that go under his name . knowing how the schoolmen hold this question , some critical wits may perhaps half suspect that these two words , per se , are inmates . but ●l the place which they have , be their own , their sense can be none other than that which i have given them by a paraphrastical interpretation . they teach as we do , that god doth justifie the soul of man alone , without any co-effective cause of justice . deus si●e ●eido co-effectvo animam justificat . ca. sal . de qundripart just . l. . c. idem lib. . c. . the difference between the parish and on about justification . a tho. aq●a . . . quaest . . gratia gratum facieus , ●● est . justificam , est in animo quiddam gerle & pusitiv● , qualites quaedam ( art . concl . ) supernaturali , non eadem cum virtute insula , ut magister ; sed eliquid ( art . . ) praeter virtates , insuse● ; sidem , spem , charitatem , hablurdo cuaedem ( art . . ad . . ) que presuppomitur in virturibos asba sicur earuin principium & rador , essentiam anima tanquam subjectum occupat non potentias , sed ob ipsa ( art . ad . ) effluence vi● tutis in potentias animae , per quas potentiae morentur ad actus phar . vid. quasi . . de justificarione . cor. . . rom. . rom. . rom. . . acts . ; . heb. . . by sanctification , i mean a separation from others not professio● as they do ; for true holiness consisteth not in professing , but in obeying the truth of christ. apoc. . . matth. . . gen. . . verse . john . . a they misinterpret , not only by making false and corrupt glosses upon the scripture , but also by forcing the old vulgar translation as the only authentical : howbeit , they refuse ●o book which is canonical , though they admit sundry which are not . b tim. . . c john . . d john . gal. . . e plainly in all mens sight whose eyes god hath inlightned on behold this truth . for they which are in error , are in darkness , and see not that which in light is plain , in that which they reach concerning the natures of christ● they held the same with nestorius fully , the same with ●●●●he● about the proprieties of his nature . f the opinion of the lutherans though it be no direct denial of the foundation , may notwithstanding be damnable unto some ; and i do not think but that in many respects it is less damnable , as at this day some maintain it , than it was in them which held it at first ; as luther and others , whom i had an eye unto in this speech . the question is not , whether ●o error with such and such circumstances : but simply , whether an error overthrowing the foundation , do exclude all possibility of salvation , if it be not r●enated , and expresly repented of . thes. . . apoc. . v. ● . for this is the only thing alledged to prove the impossibility of their salvation : the church of rome joyneth works with christ , which is a denial of the foundation , and unless we hold the foundation , we cannot be saved . they may cease to put any confidence in works , and yet never think living in popish superstition they did amiss pighius dyed popish , and yet denial popery in the article of justification by works long before his death . what the foundation of saith is : v●caeto ad con●ionem multitudine , quae coalesecre in populi unial corpus nu●a et pra●erquam i legibus poterat , liv. de rom. lib. . ephes. . . & . ● . ephes. . . john . . tim. . . acts . . heb. . . gen. . job . . acts . . luke . . cor. . a rom. . . b phil. . . c col. . . pet. . ephes. . . john . . john . . perpetuity of saith . rom. . . john . . pet. . . john . . ephes. . . . john . . coll. . . tim. . . john . john . ● . * howsoever men be changed ( for changed they may be , even the best amongst men ) if they that have received , as it seemeth some of the galatians which fell into errour , not received the gifts and graces of god , which are called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , such as faith , hope , and charity are , which god doth never take away from him , to whom they are given , as less repented him to have given them ; if such might be so farr changed by errour , as that the very root of faith should be quite extinguished in them , and so their salvation utterly lost : it would shake the hearts of the strongest and stoutest of us all . see this contrary in beza his observations upon the harmony of confessions . a error convicted , and afterwards maintained , ●● more than errour ; for although opinion be the same it was , in which respect i still call it errour , yet they are not now the same they were when they are taught what the truth is , and plainly raught . b acts . . c gal. . . . d vers. . e vers. . f vers. . ●●er . de unit. eccles. servants . calr . ey . . morn . de eccles. za●ch . pra●●ar . de relig. thess. . . rom. . . * i deny not but that the church of rome requireth some kinde of works which she ought not to require at mens hands . but our question in general about the adding of good works , not whethere such or such works be goed . in this comparison , it is enough to touch so much of the matter in question between st. paul and the galatians , as inferreth those conclusions . ye are fallen from grace , christ can profit you nothing : which conclusions will fo●low circumcision and rites of the law ceremonial , if they be required as things necessary to salvation . this only was a ledged against me ? and need i touch more than was all edged ? a mat. . . b luke . . c mat. . . eph. . . . a gal . . b pet. . . and . c ephes. . . d isa. . . jer. . . e eph. . . f mat. . . g thess. . . h gal. . . end . . thess. . . hac ●a●io ecclesiastici sacramenti & catholicae f●ici est , vt qui par●em ●ivini sacrimenti negar , partem ●●●al●at cu●sir●● , iratuim sibi ●onn●●a & cuncorp●●ata sunc omnia , ●t aliud ●●ae a●io sta●e non possie , & quiunum ex omnibus denegaveri●● alia●● emnia tradid●ss : non presir , cassian . lib. . de incarnat . dom. if he obst●a●cly stand in denial . pag . acts . . lib . ●e in car . dem. cap. . levis of orane● . l. merlit . cap. last . ● . paulgarola let . . anno● . in john . in his book of consolation . works of superetogation . let all affection be laid aside● let the matter indifferently be considered . notes for div a -e ecclus. . . notes for div a -e lib . cap. . de d●ct . chr . rob. tol●● . lib. . cap. . pet. . p●i●● in orit . d. a●nold . parsons in . convers . mal. . . canus locur . l. . c. . vi● ver . lib. . de corrupt . art hard. lib. . pac. . edit . . a in the third part of the . conversions of england ; in the examination of foxes saints , c. . sect . . . p. . b sect. . c plut. in demosthen . d liv. dec. . l. . an . v.c. e tim. . . f annal. tom . ● . an. . n. , & tom . . an. . num . g s. paulus de sua salute incertus kicheom jesuit . . . c. . idolat . huguen . p. . in marg edit . lat. mogunt . . interpret . marcel . bomper . jesuita . h witness the verses of horatius a jesuite . recited by posse . biblioth . select . part . . l. . c. . exue franciscum tunica laceroque cucul●o . qui franciscus erat , jam tibi christus eri● . francisci exuri●s ( si quà licet ) indue christium : jam francisco ; erit , qui modo christus erat , the like hath bencius another jesuite . i cor. . . notes for div a -e of the spirit of prophesie received from god himself . of the prophers manner of speech . job . , . wisd. . . esay . . ezekiel . a natural 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 perceiveth nor heavenly things . james . acts . acts . we must not halt between two opinion : . nocker● in the last time . mockers . mockers worse than pagans and infidel● . rom. . iudas vit sapien● & certi usic● . three fold separation : . heresie . . scism . . apostasie . infallible ev●dence in the faithful , that they are gods children . the papists falsly accuse● us of heresie and apostasie . acts ● . apoc. . ca●t . . . acts ●● . the popes usurped supremacy . concil delector . cardin. laurent soriu● coun. de reb . gest . pio ● . urancise . sans●vi● de guherm rerum , ●●h . l. ● cap. de jud. are scal . & ●oldap . chron. . verse . gen. . . & . gen. . ● & ● . gen. . . gen. . . verse ● . the sacrament of the lords supper . lam. . . ephes. . john . john . mat. . rom. . john . no pleasu●● of god without faith. psal. . rom. . psal. . ● . verse ● . hosea . . nor my people . verse . not obtaining mercy . * careless . amos ● . , pet. . . jer. . , . an ansvvere to the fifth part of reportes lately set forth by syr edvvard cooke knight, the kinges attorney generall concerning the ancient & moderne municipall lawes of england, vvhich do apperteyne to spirituall power & iurisdiction. by occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of catholicke religion in england, from our first kings christened, vnto these dayes. by a catholicke deuyne. parsons, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ansvvere to the fifth part of reportes lately set forth by syr edvvard cooke knight, the kinges attorney generall concerning the ancient & moderne municipall lawes of england, vvhich do apperteyne to spirituall power & iurisdiction. by occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of catholicke religion in england, from our first kings christened, vnto these dayes. by a catholicke deuyne. parsons, robert, - . [ ], , - , [ ] p. imprinted vvith licence [by f. bellet], [saint-omer] : anno domini . a catholicke devyne = robert parsons. place of publication and printer's name from stc. includes index. the title page and its conjugate are cancels. variant: cancellandum state, with "let forth" and "kings" in title. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng coke, edward, -- sir, - . -- reports. part -- controversial literature -- early works to . ecclesiastical law -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion of the controversy discussed throughout this vvorks . what is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 , power and 〈…〉 , as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne , 〈…〉 great seale of england , 〈…〉 diction whatsoeuer , vvhich ●● any manner ●pirituall , 〈…〉 authority , or iurisdiction can , or may lavvfully be vsed , to correct and 〈◊〉 errors , heresies , schismes , abuses &c. the question is whether this authority and spirituall 〈…〉 to the ancient lawes of england in former times , 〈…〉 were a statute not introductory 〈…〉 lavv , 〈…〉 only of an old : so as if the said act had neuer 〈◊〉 made , yet the 〈…〉 that authority , and might haue giuen it to others , as 〈…〉 holdeth the affirmatiue part , and the catholicke 〈…〉 to the right vvorshipfvll syr edvvard cooke knight , his maiesties attorney generall : syr , i had no sooner taken a sight of your last booke , entituled : the fifth part of reportes ( vvhich vvas some number of monethes after the publication therof in england ) but there entred vvith the reading , a certaine appetite of ansvvering the same , and this vpon different motiues , as vvell in regarde of your person and place , abilitie and other circumstances depending theron ; as also of the subiect and argument it selfe , vvhich yovv handled , and manner held in handling therof , to ●he greatest preiudice , vvrong , and disgrace of catholickes , and catholicke religion that you could deuise . and first in your person and place , i considered your facultie and profession of the common lavves of our realme , your long standing , and speciall preferment therin , your experience , and iudgemēt gathered thereby , your estimation and credit in the common-vvealth , and your authority , honour , and riches ensuing thervpon ; all vvhich drevv me to the greater consideration of your booke , but principally your said profession of our common temporall municipall lawes , vvhich science aboue all other , next to diuinitie it selfe , doth confirme , and conuince vnto the vnderstanding of an english-man , the truth of the catholicke roman religion . for so much as from our very first christian kings & queenes , vvhich must nedes be the origen , and beginning of all christian common lavves in england , vnto the raigne of king henry the eight , for the space of more then nyne hundred yeares , all our princes and people being of one , and the selfe same catholicke roman religiō , their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe , and our lavvyers to the lavves : so as novv to see an english temporall lavvyer to come forth , and impugne the said catholicke religion , by the antiquity of his common-lavves , throughout the tymes and raignes of the said kings , in fauour of protestāts , lutheranes , caluinistes , or other professors not knovvne in those dayes , is as great a nouelty and vvonder , as to see a philosopher brought vp in aristotles schole , to impugne aristotle by aristotles learning , in fauour of petrus ramus , or any other such nevv aduersary , or lately borne antagonist : or as to behold an ancient phisitian , trayned vp in galens tents , to fight against galen and galenistes , out of their ovvne bul-vvarkes , or fortresses , yea and this in ayde of paracelsians , or any other fresh crevv of alchimian doctors vvhatsoeuer . . this first consideration then , of your person , place , and profession , did inuyte me strongly to come , and see vvhat you said in this behalfe , but no lesse did the argumēt or subiect of your booke , togeather vvith your māner of treating the same , of vvhich tvvo points i shall speake seuerally ; for that they haue seuerall ponderations , & all in my opinion both important , rare , and singular . for vvhat more important matter can be thought of among christiās , then to treat of spirituall power , & ecclesiasticall authority , being the kinges bench of christ on earth , the table of his scepter , the tribunall of his dominion & iurisdiction , vvhereof dependeth the vvhole direction of soules , the remission of our sinnes , the efficacy of his sacraments , the lavvfulnes of all priesthoode and ministery , the gouernment of the vvhole church , and finally the vigour , frute , & effect of all christian religion . this is the importance of your argument m. attorney , and consider i pray you , vvhether it standeth vs not much in hand , to be attentiue vvhat you say , and hovv substantially you pleade in this matter . . and as for the other tvvo circumstances of rarenes , and singularity , vvhere may they more be seene , then in this so vveighty a case , conteyning the vvhole povver of the sonne of god , both in heauen , and earth , for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance , vvhich is heere handled and ouer-ruled by a temporall lavvyer , and by him giuen to a temporall lady and queene ; and this not only by force of a temporall statute , made in parlamēt to that effect , the first yeare of her raigne , vvhereby ecclesiasticall supremacy vvas ascribed vnto her , but by the very vigour of her temporall crovvne it self , vvithout any such statute , and by vertue of the ancient pretended common-lavves of our realme , vvhich common-lavves being made , receaued , introduced , and established by catholicke kings and queenes , as hath byn said , maketh the matter so strange and rare , the vvonder & admiration so great , as neuer paradox , perhaps in the vvorld , seemed more rare & singular in the eyes of philosophers , then this in the iudgement of learned deuines . and vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery ? . after this ensueth , as considerable , your methode , & manner of handling this subiect , vvhich to me seemeth nothing vulgar , and consequently to you and 〈…〉 particularit●es 〈…〉 ‑ cero ; that yo● 〈…〉 uersies , and 〈…〉 forth . all that 〈…〉 gr●●e rep●●●●● 〈…〉 your side , 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty , and 〈…〉 . all th●●●●hin 〈…〉 encourage 〈…〉 reuievv o● 〈…〉 hope to my 〈…〉 modesty , and 〈…〉 so much comm 〈…〉 ued and inten●●● 〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes . 〈…〉 your self ●● the 〈…〉 animo dig●●●●● 〈…〉 se sua spo●te , 〈…〉 in deed to confess●● 〈…〉 & fortitude but 〈…〉 ner goeth grea● 〈…〉 soules , neuer-dying 〈…〉 ●e accompted our highest interest , for that the ●uestion novv in hand betvveene you and me , ●ōcerneth the same most neerly , as in the sequent ●reface vvill more largelie appeare . ● . novv only i am to say & promise also on my ●ehalfe , that i meane to proceed in the prosecu●ion of this vvorke , according to your foresaid ●rescriptions of truth , temperance , modesty , and vr●anity , and this both in center , and circumference , ●s neere as i can , and if necessity at anie time , or ●pon anie occasion , shall enforce me to be more earnest , it shall be rather in the matter it self , then against the man , i meane your self , vvhose person and place , i shall alvvaies haue in devv regard , though i may not omit to tell you , that in some partes of your booke ( especially tovvardes the end thereof ) you vvax so vvarme in your accusations against catholickes , & catholicke religion , ( vvhich your progenitors and auncestors did so highly reuerence , honour , and esteeme ) as the indignity thereof , and the leuity , and open vntruth of the cauillations , & calumniations themselues ( for so in deed they are to be accompted rather then graue accusations ) did enkyndle in me some extraordinary heat , for their reiection , and depulsion , as you vvil see in the places themselues , but especially in the last chapter of my expostulations against you . . out of vvhich i must here againe repeat one thing briefly , vvhich there i haue more at large declared , and more earnestly vrged , to vvit the obligation you haue both in honour and conscience , according to the rules of all true christian diuinitie , to enforme rightlie his maiesty in certayne pointes , vvherin your self being at that time deceaued , misinformed also his highnes , at the first presentation of your booke vnto him , if my information thereof be true . and for that the point it self is of very great consequence , and that the misconceat or vvrong impression of his maiesty , ma●e be to the great preiudice of manie of his dutifull subiectes , i am the more earnest to vrge this obligation vpon you , especiallie for that i vnderstand , that since the edition of your booke , you haue in a certayne publicke act , solemne assemblie , and most honorable auditorie , repeated againe , and auouched the said iniurious assertion , concerning catholickes , that their recusancy began vpon disloyaltie , by occasion of the excommunication of q. elizabeth by pope pius quintus vpon the eleuenth yeare of her raigne , and for that cause , and not before , nor vpon anie other motiue . . vvhich iniurious charge , though it vvere sufficientlie refuted there in presence , by the * prisoner at the barre , to the satisfaction of al indifferent people , that might easilie descrie your passion ●●erin ; yet haue i shevved the same more at length ●● my said last chapter of this booke , vvhich i ●ould vvish you had read , before so confidentlie ●ou had repeated the same charge againe in the ●●id assemblie , auouching vpon your fidelitie , and ●●ervpon challēging anie recusant vvhatsoeuer , ●●at noe catholicke , or other refused to repaire to our seruice , vntill the said eleuenth yeare of the queenes raigne : but i haue shevved out of pu●licke testimonies that you ar deceaued therin , & ●●at both manie catholickes , & puritanes vvere ●pen recusants before that yeare , and neither of ●●em vpō that cause vvhich you suggest : & so you ●●e hovv farre your fidelitie , vvhich you pavvne ●or the matter maie hereby come in question . ●● . i could further put you in mind , of manie ●ther ouerlashing speaches , tending to the hurte ●nd dāmage , yea bloud and death also , of diuers ●sed by you in that great assemblie , if i thought ●ou vvould take it frendlie , and helpe your self ●●ereby to the right examen of your conscience ●etvvene god and you , vvhen you are alone , as ●atholicke doctrine teacheth men to doe , espe●●ally of iniurious vvordes against their brethren , ●herof our sauiour christ in s. mathewes ghospel ●ronoūceth so seuere a sentence , as he appointeth ●oth iudgment , counsaile , & hel fyre for punishmēt of the same ; and addeth further , that no idle word shall passe from vs , whereof we shall not giue accompt in the day of iudgement : and if not idle vvordes , hovv much lesse slaunderous , calumnious , and infamatory ? vvhereof you vsed store against manie innocent men that day , especially against fa : garnet , and his ovvne order of iesuites , vvherof some i may not pretermit in this place . . you said at the very first entrance vnto your speach in that place , that you vvould speake of nothing but of the late most horrible treason , vvhich for distinctiōs sake you vvould call the iesuits treason . for if it be iust ( saie you ) that euery thing be called by the name of the author , then seing the iesuits haue byn the authors of this treason , you vvould not doe them the iniurie , to take from them anie thing vvhich is theirs , or to miscall anie thing vvhich appertayneth properlie to them , especiallie seing in euery crime : plus peccat auctor quàm actor ; the author is more culpable and blame-vvorthie then the actor , as is apparent by the example ( saie you ) of adam , eue , and the serpent , where the serpent for that it was the first author of that attempt , committed three sinns , eua that was tempted , two sinns , and adam that was the chiefest actor , but one sinne . this vvas your eloquence at that time , & i doubt not but that the learned prisoner standing at the barre , vvhome you othervvise so highlie commended for this talents , if other cir●umstances had giuen him leaue , could haue smi●ed at your exact enumeratiō of the diuells sinnes , vvho yet , for that it is not read , that he did eate ●nie of the apple vvith adam and eue , it is like you vvould be much troubled to finde out his three ●eueral sinnes in that matter , if you vvere put vnto ●he proofe , and you knovv vvhat our common ●aying is : that it is a shame to bely the diuell . . but to leaue this point to be discussed betvveene you , i must needes saie , that you offer the iesuites an apparent iniurie , in making this last ●reason so proper and peculiar to them , as that you vvill needes haue it called the iesuites treason , ●nd they to be the principall authors ; vvhereas notvvithstanding , vvhen all came to all , no other ●hing ( i vveene ) vvas proued against them , but ●hat the prisoner there present , had receaued only a simple notice of that treason , by such a meanes as he could not vtter , and reueale againe by the lavves of catholicke doctrine , that is to saie , in confession , and this but a very fevv daies before the discouerie , but yet neuer gaue anie consent , helpe , hearkening , approbation , or cooperation to the same ; but contrari-vvise sought to dissuade , dehorte , and hinder the designment by all the meanes he could . . and is this sufficient m. attorney , to laie the denomination of this foule fact , vpon the vvhole order of iesuites ? that one of them , or tvvo at the most knevv thereof by such a vvaie , as probablie they could not auoid , or preuent the knovvledge , not fore-seeing vvhat he penitent vvould confesse , and once hauing heard it in that manner , remained bound by the inuiolable seale of that sacrament not to vtter the same , but in such manner as the confitent should allovv of , though neuer so great temporall dammage vvere imminent for the concealement . and this is the sacred band of a catholicke priestly conscience , much like to that of angells , vvho though they knovv manie great hurtes or dangers to hang ouer kingdomes , states , common vvealthes , or particuler men , & be desirous out of their loue to mankinde to preuent the same ; yet are they not free to reueale vvhat they knovv thereof in regarde of anie future good or hurt vvhatsoeuer , but onlie vvhere they are permitted , and licenced in particular : & yet ar they not iustlie to be accompted accessarie to the euills that fal out , & much lesse authors of the same for their silence , or not reuealing , as in this case of the iesuits you labour to inferre . . but in truth sir it seemeth that you attended more to the art of oratory , then to the coherence of truth in that your speach , for that presentlie after your former vvordes you added these for the beginning of your declamatiō . in this discourse i will speake ( saie you ) of no other circumstances but of treason , and of no other treasons , but the iesuits trea●ons , & of no other iesuits treasons , but such as shal par●iculerly concerne this prisoner . vvherin notvvith●tāding verie soone after contradicting your self , you brought in a long discourse of the antiquity , ●nd inuisibilitie of your church ; as also of equi●ocation , and manie other things , vvhich are no ●ircumstances of treason . you handled also of ●he northerne earles , excommunication of the queeene , and diuers other such things as hap●ened before the iesuits came into england , and ●onsequentlie could be no iesuits treasons . and vvhen you come to treat of the prisoner him●elf , and to proue him a traitor , you begin vvith ● statute set forth in the . yeare of the late queenes raigne , vvhich made all iesuits , and other pristes traitors , that came into england , or remained in the same , and consequentlie concerned not the prisoner in such speciall māner , as you vvould seeme to promise : or if it did , yet manie other things you bring in and handle , as that of lopus the ievv , vvilliams , york , squier , colen , partlie protestants , and partli● catholickes , vvho vvhatsoeuer their causes vvere ( vvherof somvvhat shal be spoken after ) yet touched they nothing at all that prisoner , vvho yet neuer dealt vvith them , nor euer vvas accused concerning them . vvherevpon is inferred , that no one of your three-fold members before mentioned vvas performed by you : to vvit , that you would speake of no other circumstances , but of treason , and of no other treasons , but of iesuits treasons , & of no other iesuits treasons , but such as should particulerly concerne the prisoner at the barre . . but this defect i suppose that all your auditorie did not obserue , by reason of the multitude of other tumultuary matters , dravvne in by you against the said prisoner , but yet your rhetoricke in amplifying one point , about the first lavv alleadged against the comming in of priests and iesuitts , vvas so markeable , as no man i thinke , vvas so dull , as did not obserue it , and beare it avvay . to vvit , that vvhereas the said lavv did forbid all priests , vnder paine of death and treason , not to come into england , or execute anie parte of their priestlie function vvithin the realme , as to preach , teach , offer sacrifice , heare confessions , absolue from sinnes , reconcile to god , and to the vnion of his catholicke church , dissuade from sects and heresies , and other like offices ; you in commendation of that lavv , protested to proue it , to be the most myldest law , the sweetest law , the law most full of mercy and pitty , that euer was enacted by any prince so iniuriously prouoked . and you added in the heat of your eloquence , that if you proued ●ot this , then let the vvorld saie : that garnet is an honest man. vvhich vvas a vvarrāt to al the hearers , up hold him for such ; for so much as no man vvas there so simple , but savv it impossible for you to ●roue that assertion , and consequentlie that in all their hearings you canonized his honesty . ●● . for hovv did you go about to proue ( m. attor●●y ) that this lavv was so myld , so ful of pitty , & lenity ? ●or sooth , for that you saie , the meaning was by kee●ing priests of , and expelling those that were within , to ●●are their bloud , though if they retyred not to spill it . ●magine that then if in queene maryes dayes ( for ●xample ) such a lavv had byn made against prote●tant-ministers that came from geneua and other ●laces of germany , vvould you ( m. attorney ) haue ●eemed that lavv a gentle law , a sweet & myld law , a ●aw ful of mercy , pitty & clemēcy ? i presume you dare ●ot saie it . but let vs vse an other example of much ●ore moment . if in the apostles time , such a lavv ●ad byn made by anie king or emperour of con●rarie religion to them , that if anie of the said apostles or priests ( for so they vvere ) should enter ●nto their dominions to preach a contrarie do●trine to the religion there receaued and establis●ed , and to exercise anie of their apostolicall or priestlie functions , it should be treason and paine of death : could this be called a myld law ? a sweet lavv ? a lavv ful of pitty & compassion ? a lavv made for not spilling their bloud ? or vvould , or could the apostles , or their follovvers haue obeyed this lavv ? or did they obey the gouernours of the ievves ( othervvise their lavvfull superiours , vvhen they cōmanded them to preach no more in the name of christ , or to disperse christian doctrine , vvhich they called seditious , or to reconcile anie to christian religion , vvhich they held for treason ? or did they flie , though princes & emperours aftervvardes by publicke edicts did commaund them out of their dominions ? or is there not another bloud to be respected , called by the prophet , the bloud of the soule , vvhereof the pastor shall be guiltie if he flie for feare , or forsake his flocke in time of daunger and persecution ? is not all this so ? or can it be denyed ? or haue not english priests the same obligation of conscience to help their coūtrey , and countrymen in spirituall necessities , as had the apostles and apostolicke men to strangers , for vvhose helpe yet they vvere content to offer their liues and incurre anie daunger vvhatsoeuer ? vvherefore m. attorney to speake a truth , if you deale vvith men of vnderstanding , it is but fond ; and if of christian courage , it is but trifling eloquence , all that in this point you haue vsed about the myldnes , svveetnes , mercy , and compassion of this cruell , and bloudy lavv of queene elizabeth . children maie be delighted , and de●uded vvith such bables , but vvise-men doe laugh at them . . concerning the other heads of doctrine , vvhich pleased you to handle in this arraignemēt ●t the barre , vvith no small ostentation of vvor●es , as being in your ovvne center , namelie : of the antiquity of your church , equiuocation , and some ●ther such points , as they vvere not much ad rem , in that assemblie & busines , so could your friends ●aue vvished , that either you had omitted them al●ogeather , or handled them more substantiallie : or as for equiuocation , or mentall reseruation of a ●●ne sense in a doubtful speach , it seemeth plainlie ●●at you vnderstād not the questiō , nor the mea●ing , vvhich both ancient and moderne learned ●en haue , in holding that true , and necessarie ●octrine ; & no marueile , for t●at it hath not byn ( i ●●inke ) your educatiō to be troubled much vvith scrupulositie of vvordes , to vvit , vvhat sense maie ●e held therin vvithout sinne , & vvhat not , the ●●amen of vvhich matters belong to more tender ● timerous cōsciences then kings attorneyes cō●onlie are presumed to haue , vvho must speake ●o the purpose , hovvsoeuer it be to the truth . and ●● it vvell appeared in that arraignment , vvherof ●e novv treat , but intend to proceed no further ●●erein , for that the prisoner himself ansvvered this point sufficientlie at the barre , as also to the lordes before in the tovver , and a more large discourse maie be made therof hereafter , if neede shall require . . as for your other article , about the antiquity and continuance of your church , a man maie easily see , that you sought an occasion to bring it in , by making an obiection on the behalfe of iesuitts against the same , and thereby to shevv your skill in ansvvering . they hold their religion ( saie you ) to be the old religion , where ours is the new , confyned to england ; where on the contrary side their religion is vniuersall , and embraced in the greatest part of this christian worlde . and thus for the maintenance of their rotten religion , doe they seeke to disgrace and blemish our ghospell . but ( good syr ) if your ghospell be that of the foure euangelistes novv receaued , vve pretend that it is as much our ghospell as yours , and more also , for that you receaued it from vs , and vpon our churches credit , and for that you call rotten religion , if euer it vvere religion , then neuer can it rott , except you put no difference betvvene apples and religion . but let vs heare hovv you vvill ansvvere this obiection in your ovvne vvordes , as they came set dovvne vnto me from your ovvne mouth . . but to this ( saie you ) i will answere , that if our ghospell be as ancient as luther , it is more ancient then the iesuitts are ( though not i trovv then iesuitts religion ) albeit it be not conteyned in these narrow limitts of place , nor bands of time , which they feignedly imagine , hauing byn euer since the time of christ , and his apostles . for we doe not deny but that rome was the mother-church , and had thirty two virginall martyrs of her popes a-row , & so continued til in succeeding ages it brought in a masse of errors , and idle ceremonyes . but you will aske perhaps , where our church lurked before luthers coming , for some hundreds of yeares ? but i say it makes no great matter where it was , so that i ●m certaine it was , for as a wedge of gold , if it be dissol●ed , and mixed with a masse of brasse , tinne , and other metalls doth not loose his nature , but remaineth gold still although we cannot determine in what part of the masse it is conteined , but the touch-stone will fynde it out : so though our church hath euer byn since christes time in the vvorld , yet being mixed , and couered vvith innoua●ons , and errours , vve cannot tell in vvhat part it vvas . and i dare say , that it is novv more extended then theirs ● : for vve haue * all england , all scotland , all germany , al denmarke , a great part of france , al poland , & some part of italie . these are your vvordes , if the relators haue byn exact in setting them dovvne , as they saie they haue byn . and then is there ●o maruaile , though you impugne so much the doctrine of scrupulous reseruation of true sense in ambiguous speeches , vvhereas so manifestlie you ouer-lash in all those periods , vvhich heere you haue layed before vs. . but to the matter it self , about the antiquity continuance , succession , visibility , and assurance of the church , vvhereas you graunt , that the roman church , vvas the true mother-church from the beginning , and had two and thirty virginall martyrs ( for so you call them ) for her popes one after the other , vvithout interposition of anie one bishop , that vvas not martyr , for more then the space of three hundred yeares ; you graunt vs so much in this assertion , if it be vvel considered , as it vvill be hard for you to take it from vs againe aftervvard in your sequent negation , vvhich i shal shevv you brieflie by tvvo conuincing arguments , the one theologicall , the other morall . . the first is , that if the church of rome vvas the true mother-church of christ , and christian religion for so great a space as you assigne ; then no doubt vvere all the predictions , and promises of prophets for the greatnes , eminency , honour , certeyntie , & florishing perpetuitie of the said christian church fulfilled in her : christes peculier promises in like manner , that he would be vvith her to the end of the vvorld , that the holy ghost should lead her into all truth , that hell-gates ( vvhich properlie signify errours and heresies ) should neuer preuaile against her , that she should be the piller , and foundation of truth , & all men bound to obey and beleeue her , vvas ●eant also & performed in this roman-church for three hundred yeares and more , and promised ●● be performed to the end of the vvorld : vvherof ●●sueth , that either god is not able to performe what he promiseth ( for of his vvill there can be no doubt , seing he hath promised ) or else it cannot vvithout impiety be conceaued , and much ●●se beleeued , that this roman-mother-church , so ●●anted in the beginning by christ , and his apo●●es bloud , and so vvatered for three hundred yeares togeather by the bloud of all her bishops , ●● spread ouer the vvorld , as s. paul of his ovvne time testifyeth that her faith & religion vvas , and aftervvard all ecclesiasticall histories vvithin the time prescribed & after , doe declare , that all other churches commonly , at least-vvise of the vvest-world , vvere her daughters by foundation , & our ●reat-britany among the rest ; it is impossible ( i say ) to imagine vvith piety , hovv this queene of the vvorld , hovv this florishing church , hovv this golden vvedge ( to vse your ovvne similitude ) should so be dissolued & mingled vvith brasse , tinne , copper , & other such contemptible mettalls , vvhich you cal errours , & innouations , as that her religion should become rotten , according to your phrase , & her self in steed of being the true kingdome , inheritāce & spouse of christ , become his enemy his aduersary , an aduovvtresse , and the verie povver of sathan himself against him , as you m. attorney doe make her . hovv , i praie you can this be thought ? by vvhat reason or probability maie it be imagined vvhen ? hovv ? by vvhat meanes might this metamorphosis be made ? the very next age after the forsaid martyr-popesliued s. augustine , vvho reciting the said popes , and their successors vnto his daie● called them all holy vvithout distinction , and by their lineal succession in the said church of rome did persuade himself to haue demonstrated the truth of all catholicke religion , as vvell in africa vvhere he vvas , as throughout the vvhole vvorld , against all heretickes . . and after him againe liued in the same sea , as bishops thereof s. leo , and s. gregory , both of them surnamed great , in respect of their great sanctitie , great learning , and famous acts : and vvith them , and after them concurred and suceeeded in other christian churches of the vvorld , as fathers and doctors s. maximus , s. prosper , vincentius lyrinensis , s. gregory of tovvers , s. fulgentius , s. benedict , and others , all making the same accompt of the roman church , doctrine , sanctity , and authority thereof , as the former fathers did . and hovv then could come in this transfusion , and transmutation of gold into lead , vvhich you dreame of m. attorney , and are content to deceaue your ●●f and others , to your eternall perill of perdition 〈◊〉 this nevv inuention of a golden wedge , vvhereof ●●n saie that you are a fast friend : but this apper●●yneth rather to my second argument , to shevv the morall impossibilitie also of this seelie fiction . for let vs suppose that there vvere a wedge ●● gold so dearelie bought and purchased , so care●●●lie deliuered , and ●o earnestlie recōmended to the possessors as the church of christ vvas vnto his disciples and follovvers , and that there vvere so ●any vvatch-men appointed to looke continu●●lie vpon this golden wedge , and so sure a guard allovved them for defence of the same , as christ appointed pastors ouer his church , offering them for guard his vvhole povver and omnipotencie ●o defend it ; and if this vvere so , hovv could this ●●edge , that from the beginning vvas pure golde , ●●e imagined to loose her nature , and passe into other baser mettalls , or be melted , mingled , dissolued , or changed into the same , vvithout that any ●ne of the foresaid vvatch-men should open his ●outh , resist , or testify this chaunge ? are not ●hese morall impossibilities , and metaphysicall imaginations onlie , to delude your selues and others ? ● . let vs compare then brieflie these matters togeather . vve read in all authors , and see by experience , that in sixteene hundred yeares sin● christ his church vvas founded , and set on foot that in euerie age the doctors , prelates , and pastors , that vvere vvatch-men of the church for that time , vvere so diligent in their vvatch , as 〈◊〉 least errour or heresie appeared in their daies bu●● presentlie they cryed out , made vvarre against i● and finallie by help and assistance of their guard and captaine , in the end ouercame , and vanguished the same . let the examples of simon magus● philetus , hymenaeus , cerinthus , ebion , menander , and other heretickes rising vp amongst the apostle be examples for the first age : saturninus , basilide carpocrates , cerdon , valentinus , marcion , apelle●● and others for the second : nouatus , sabellius , manes , noetus and their follovvers for the third : arrius , aerius , photinus , iouinian , donatus , apollinaris & their adherents for the fourth : & so in euerie age vnto our dayes , vvherein no man vvas spared though he vvere neuer so great , no former meritts respected though neuer so many , if he vttered any thing against the common receaued vniuersall catholicke faith . and so vve see that both origen and tertullian most rare learned men vvere condemned ; osius and lucifer calaritanus tvvo famous bishops noted ; s. cyprian also one of the oracles of the christian vvorld called in question for points of doctrine different from the vniuersall church vvhereof vve doe inferre most euidentlie and ●●ainlie , that if any fathers in the eusuing ages ●● vttered anie thing in their speaches , sermons , vvritings , that in any least point had byn different from the said vniuersall catholicke doctrine , it vvould haue byn resisted in like man●●● and noted in one countrey or other , and ●●er vvould haue passed for catholicke do●●●ne to their posteritie , vvithout note or repre●●sion at all . as for example , to take one for all , for that ●●one all maie be iudged of . if s. augustine that 〈◊〉 more then a hundred yeares after those mar●●● popes of rome , vvhich you mention , did ●●th preach and vvrite in so manie places of his ●orkes , of purgatory , of the sacrifice of the masse , ● iustification by good vvorkes , of praier for the ●●●d , of the single life of clergy-men , of the perfection ●●religious life , of the preheminencie of the sea of ●●me , and manie other such articles expreslie ●●posite to that you hold commonlie in england , ●hich he handleth so plainlie as anie of vs can ●●e in these our dayes ; if anie of these pointes ●●d byn strange or nevv doctrine at that time , 〈◊〉 so much as suspected of error , heresie , or fal●●●ood , no man of common sense can imagine , ●ut that they vvould haue byn contradicted , or ●oted by some man or other , so manie learned godly men liuing vvith him , and after him : b● this vvill neuer be proued to be so , or that the points , or the like vvherein vve differ from 〈◊〉 protestans vvere either in him , or other , noted ●● condemned for heresies , and consequentlie b●● this argument of morall euidence it is conuince● that they vvere neuer accompted either errors , 〈◊〉 heresies , before the hereticall contradictions 〈◊〉 these later ages sprang vp , & that by such as vve●● accompted and condemned by the vniuersal church of christ for hereticks themselues . . and as for the comparison of the true catholicke church of christ vnto a wedge of gold so mingled vvith lead copper & baser mettalls , as it cannot be knovvne vvhere it is , is a verie base and leadden comparison by m. attorneyes leaue . for if the church must baptize , the church must instruct vs , the church must gouerne vs , and minister vs sacraments , resolue our doubts , and giue vs directions to life euerlasting , hovv can men repaire vnto her that is so hidden & couered as she can neither be seene , nor found ? nay you saie , it makes no great matter where she is , so you be certaine that she be . by vvhich doctrine a man in england may be as vvell saued by a church in constantinople or in the indyes , as in england it self , seing there is no conuersation necessarie vvith it , no cōference , to treaty , no recourse , no dependence of it , no obediēce vnto it , nor importeth it vvhere ●t be , so i be sure it be in some place , though i knovv not vvhere , or in vvhome . and vvhat doth ●his certaintie auaile me m. attorney , if i haue no ●enefit from her ? these be those monstrous and strange chimeraes in deed , floating in vncertaintyes , vvhich you mention in your preface to the rea●er , for that these are euacuations , and exinanitiōs ●f all fruite of christian doctrine , dravving all to ●eere fancyes of idle conceites , vvithout effectes ●f anie substantiall fruite , or spiritual helpe vvhat●oeuer . for vvhereas all the ancient fathers in all ●●eir vvorkes doe labour to set forth vnto vs the ●●finite real benefits , vvhich vve receaue by being in the true catholicke church , as all those before mentioned , of instruction , gouerment , grace ●y sacraments , remission of sinnes , and the like , and that it is impossible to be saued vnles a man ●●e in her , reuerence her , heare and obey her , feare ●● go out of her , and consequentlie haue daily and ●ourlie treating vvith her , and dependance of ●●er , vvvhich cannot be vvithout certaine knovv●●dge vvhere she is , or euident signes hovv to knovv and discerne her from all others ; you by a contrarie nevv deuise , neuer heard of i thinke be●●re , doe affirme , that it importeth not where your church was for many ages , and hundreds of yeares , so ●●at she were at all . . and thus much for her inuisibilitie in those ages , but novv she is become visible in our daies : nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence , as you say she is more extended now then ours ; for that ( quoth you ) vve haue all england , all scotland , all germany , all denmarke , all poland , a great part of france , and some part of italie . vvherein your large extension of your church in this second parte of your relation ( if vve could beleeue you ) is no lesse strange , then vvas your restriction of her secresie and inuisibilitie in the first . for vvho vvil graunt you al england for protestants , vvhen they shall see so many prouisions made against both english catholickes , & puritanes , vvhich later part of men , as vvel as the former ; that they cānot make one church vvith you , shall presētlie be shevved in the preface of this vvorke . . hovv you haue all germany for youres , there being so manie religions , and the greatest parte catholicke , and other different sects greatlie disagreeing from you , i knovv not by vvhat figure you can make your reader to beleeue that you speake truth the like i saie of denmarke , vvhere al are lutheranes , and not of your church , nor vvill it admit caluinistes to dvvell , or dy , or be buried amongst them . of all poland , it is a notable hyperbole , for so much as both the king ●●d state professe publicklie the catholicke reli●●on , and the sectaryes that are in that kingdome ●●e trinitarians , arrians , anabaptists , more perhaps ●●nuber then caluinistes . i marueile you omitted ●●ecia and noruegia , vvhere , as they are not catho●●●kes , so are they not of your religion or church ; 〈◊〉 nor those of france neither , though they be ●●luinistes ( for as for your some parte of italie , i ●old to be no parte at all , nor vvas it anie thing ●se but a certaine ouerflovving of your speach to ●ake the full sound of a greater number ) the pro●●stants of france ( i say ) cannot make one church ●●ith you ; as neither those of scotland , vvith the residue of holland , zealand , and other of ●●ose prouinces vnited of geneua , as their mo●●er-church : these ( i say ) being all puritanes ●●d precisians , cannot make any church vvith ●ou in that vnion of faith and doctrine , vvhich ●●e vnity of a church requireth , as by your , and ●●eir ovvne confession , vvritinges , testimonyes , ●●d protestations is extant in the vvorld to be ●●ene . wherefore i shall desire the intelligent rea●●r , to make vvith me a briefe recollection about ● . attorneyes doctrine for his church . first he ●●aunteth , as you haue heard , the roman church 〈◊〉 haue byn the true mother-church for diuers ●ges togeather , spread ouer the vvhole vvorld , dilated throughout all prouinces , perspicuous eminent , and admirable in florishing glorie by the greatnes and multitude of her children , professing christ euery-vvhere in vnion of faith , doctrine , and sacraments , as the holie fathers i● those ages , and others ensuing doe testify vnto vs . secondlie he vvill haue this glorious churc● so to haue fallen sicke , pyned and vvithered● vvay vvithout groaning , and so to haue vanishe● out of mens sightes , as she could not be knovvn vvhere she vvas for many hundred yeares togeather : nay he vvill haue her to be like a wedge o● golde , so corrupted and mingled vvith lead an● tinne , as no man can tell vvhere the gold lieth except he try it vvith the touch-stone , vvhich touch stone in our case , he saith to be the scripture , vvhereby the church must by euerie man be tryed and touched : so as ech one that vvill knovv this church , and haue benefit from the same , mus● touch her first , & see vvhether she be the church or no , and so in-steed of submitting himself vnto her , and to be directed by her , he must first mak● himselfe touch-maister and iudge ouer her . . thirdlie m attorney hauing shifted of this time of the inuisibility of his church in this sort he novv in this last age maketh her so visible againe vpon the suddaine , as that she comprehendeth all the churches of the aforenamed king●●mes , of vvhat sect or profession soeuer , so that ●●●y differ from the catholicke , vvhich are some ●●ne or ten sectes at the least , al dissenting amōg ●●●mselues , & professing in their vvritings , actes ●●d doings , that they are not of one religion , nor ●●nsequentlie can be of one church ; and yet e●●●ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the bible ) as vvell as m. attorney , and are ●eady to touch him , and his church , as he them ●●d theirs , but vvith different effect and successe : 〈◊〉 he fyndeth by this touchstone ( as you haue ●●ard ) that all they are of his church , but they ●●d euery one of them by the same touch-stone , ●●e fynde the contrary , and not one of them vvill ●●unt ( i saie not one ) of all the vvhole number of nevv sectes , that the church of englād as novv standeth , is either the true church of christ , or ●●eir church ; and in this i dare ioyne issue vvith ● attorney , out of their ovvne bookes , assertions , ●●d protestations . so as novv m. attorney , that vvhich in the ●●●iptures is so memorable of it self , so commen●●d by christ our sauiour , so respected by the a●●stles , so testifyed and defended by the primitiue ●artyrs , so magnifyed by the ancient doctors ●●d fathers , and by all good christians so reue●●nced and dreaded , i meane the glorious name ●f the catholicke and vniuersall church , and the benefit to be in her , and of her , vvithout vvhich no saluation can be hoped for of christ , but ineuitable and euerlasting perdition , by vvhich on the other side , and in which , saluation onlie maie be attained ; all this ( i saie ) is come to be so poore , base , and contemptible a thing vvith you , and so vncertayne , as you knovv not vvhere your church is , nor greatlie care , so that at all she be ; and vvhen you name your sectary-brethren , and associates therein , they denie you and your alliance , as you see ; and vvhen you assigne your touch-stone of scriptures , they vse the same against you , and proue thereby youres to be no church , and ech one of themselues in seuerall to be the onlie true and christian church . and this haue you gained by leauing the roman , vvhich you graunt in old times to haue byn the holy mother-church : see vvherevnto you are come , and this shall suffice for this matter . . this epistle vvould grovv ouerlong , if i should entertaine my self in all the impertinent speeches , vvhich you had that daie ( in your glorie as it semeth ) against catholickes , the least parte vvhereof , did in vvise-mens sightes , concerne the prisoner at the barre , though by your rhetoricall application , all vvas dravven vpon him by hooke or by crooke : for that yorke , vvilliams , colen , squiar and lopus vvere brought in squadron , to muster there to that effect , vvherof all notvvithstanding , except the last , are defended , and their conspiracies most euidentlie proued to haue byn feygned , by a learned , vvorthy , and vvorshipfull gentleman of our countrey , dedicated these yeares past to the lords of the late queenes priuie counsell : and vvhether they vvere true or false , yet touched they not fa : garnet , vvho neuer had acquaintance or treaty vvith them . . and vvhereas you saie that he came into england , with purpose to prepare the way , against the great compounded nauy that followed in the yeare . it is euident that his comming into england , vvas tvvo yeares and a halfe , at the least , before the saied time , vvhen there vvas neither notice , nor speach , nor perhapps so much as a thought of that nauie to come : and vvhen aftervvard it appeared on our seas , it had not so much as one english priest or iesuit in all that multitude of men , vvhich is like it vvould haue had , if m. henry garnet , and m. robert south-well that came in togeather , had byn sent to prepare the vvaie for the same . your combinations also of bookes and attemptes , the one allwaies ( as you saie ) accompanying the other , though you esteemed it perhaps a vvittie fine deuise , and probable to the vnlearned hearers that cannot distinguish of times or things ; yet others that looked into the matter more iudiciouslie , and found neither coherence of time , or subiect , betvveene the booke by you named , and the attempts pretended , laughed in their sleeues , remembring the saying of the poet : non sat commodè diuisa sunt temporibus tibi daue haec . i vvill reapeat your vvordes of one onlie comparison , and thereof let the rest be iudged : then cometh forth squiar ( saie you ) with his plot of treason , but this not alone neither , but was accompanyed with another pernicious booke written by dolman : vvhich vvordes importe that dolmans booke did accompanie squiars treason , but he that shall examine the order of chronologie , shal fynde in this matter , that dolmans booke vvas in print foure yeares ( at least ) before squiars treason ( if he committed treason ) vvas euer heard of ; nor hath the argument of the booke anie more affinitie at all vvith squiars fact , then hath a fox vvith a figg tree , but onlie that your floating chimeraes , intoxicating ( to vse your ovvne vvordes ) your hearers braynes , doe make you seeme to speake oftentimes mysticallie , vvhen in deede you speake miserablie . . yovv remember ( i thinke ) hovv the aforesaid gentleman in his booke ( for others doe not forget it ) gaue you a friendlie reprehension , by the vvordes of the famous orator catulus , or rather of cicero in his name , for a ridiculous fact of yours in vveeping , and shedding manie teares in follovving the fiction of squiars conspiracie at the barre , therebie to vvynne credit , and shevv your self admirable at that time to the earle of essex , and others in authoritie : but novv i am to expostulate vvith you vpon this occasion , for another no lesse patheticall excesse , vttered in pleading against m. garnet , vvherein not so much your teares did run , as your haires did stand and stare , and your eares glovv , to heare blasphemie vttered by him in a certaine letter of his intercepted : vvherein ( saie you ) was conteyned one of the most horrible blasphemyes that euer i heard proceed from any atheist , and maketh my haire to stand on end to thinke of it . so you saie . . and vvhat vvas this horrible blasphemie ( good syr ) that put your tender , and religious hart in such a pittifull plight and horror ? it follovveth that he had written with the iuyce of a lemmō to his friendes abroad out of the tower , that he had byn often examined , but nothing was produced against him , but yet , necesse est , vt vnus homo moriatur pro populo . so you alleadged the text , and added presentlie : see how he assumeth most blasphemously to himself the wordes that were spoken of christ our sauiour , but i hope ere he dy , he will repent him of this blasphemy . . but ( good syr ) did you looke vpon the place of s. iohns gospell , before you recited the same , and plaied this pageant in so solemne an essemblie ? yf you did , then vvill you fynd that these vvordes vvere spoken by an euill man , vnto an euill sense in his ovvne meaning , to vvit by caiphas , that persuaded first in a councell gathered vpon the resuscitation of lazarus , to put christ to death , thereby to content the romanes , vvho had the vvhole ievvish nation in iealosie of their loyaltie tovvardes the emperour , and that novv by putting one to death that vvas accused ( though falslie ) to denie tribute to be paied to cesar , they should cleere their credit vvith the said emperour , and by his onlie death preuent the destruction of the said ievvish people by the romane armies , and therefore he said : expedit nobis , vt vnus homo moriatur pro populo , & non totagens pereat . it is expedient for vs , that one man dy for the people , to the end the vvhole nation be not destroied . and therefore he saieth not necesse est , as you cite the vvordes , but expedit , to shevv his politicall drift therein . . and this being caiphas his crastie and vvicked counsaile , and his vvordes in his sense , bearing this meaning , the holie ghost ( vvhich as s. chrysostome and other holie fathers doe affirme , ostantum , & non scelestum eius cor attigit , moued his tongue and not his vvicked mind , and vvas in his vvordes , not in his sense ) made him vnvvittinglie to vtter a prophesie , and a great high misterie , that except one man ( to vvit christ ) should die for the sinnes of the people , none could be saued . novv then ( syr ) this sentence of caiphas hauing tvvo meanings and senses , as you haue heard , let vs examine vvhich vvas most probable to be vsed and alluded vnto by m. garnet , vvho gathering by manie coniectures , that you , and some other of his good friendes , had a great desire to bring the iesuitts vvithin the compasse of this late odious treason , or at least-vvise vvithin the suspition or hatred thereof , for that the lay-gentlmen partakers of the fact , vvere thought to be deuoted tovvardes them , and their order ; and seing that god vnexpectedlie had deliuered him into your handes , he might verie vvell thinke , that he at least should paie for the rest , and die also of likeli-hood for disgracing the rest , and in that sense alluded to the vvordes of caiphas , tending to like policie . . but novv for the second sense , vvhich particularlie designed the death of christ our sauiour , for the redemption of man-kinde , none i thinke is so simple , as vvould imagine m. garnet to applie to himself , though in this point also m. attorney is to be taught out of true diuinitie , that diuerse places vttered litterallie of christ in holie scripture , maie secondarily also by allusion be applied vnto men , and this vvithout all horror of blasphemie , or imputation of atheisme , vvhich are m. attorneyes passionate accusations in this place . as for example , vvhere the prophet vvriteth of him : et cum iniquis reputatus est : he vvas esteemed vvith the vvicked ; vvhich vvas meant immediatlie and principallie by the holie-ghost of christ , and yet by allusion it maie be applied to anie of his seruants . and that other place ; de torrente in via bibit , propterea exaltauit caput : and infinite other throughout all the nevv and old testament , spoken literallie of christ , and yet by allusion applied to good men , as the ancient fathers doe testifie in their vvorkes , applying to the members oftentimes that vvhich belongeth principallie to the head : so as herein m. attorneyes haires needed not to stand vpon end , nor trouble themselues or their maister ; neither vvas it nedefull that m. attorney should praie for m garnet to repent himself of this blasphemie ( vvhich vvas none at all ) before he dyed . god graunt syr edward cooke be in state to make so cleere , and easy an accompt at his departure from this vvorld , as the other vvas , vvhich hardlie maie be hoped , considering their great difference of life & functions , except god vvorke a miracle , or that solifidian iustification doe enter for smoothing of all , vvhich maketh all men equall , and equallie saincts . . but to dravve to an end , one of your last triumphant speeches touching all iesuits vvas , that they vvere doctors of foure different doctrines ; the one of dissimulation ; the second of deposing princes ; the third of disposing of kingdomes ; the last of deterring princes with feare of excommunications : and of all foure you discoursed vvith great resolution , and peremptorie determination , vvel assuring your self , that none in that place should haue meanes to ansvvere you , though there vvanted not manie , vvho out of their discretions , did note vvhere and hovv you might haue byn ansvvered vvith no small aduantage , as perhaps you may be hereafter more at large , vpon some other occasion . . novv onlie i thought good to put you in mind , that these , and other your discourses , founded commonlie vpon diuisions , and little concerning the prisoner , or matter in hand , vvere noted and borne avvaie , and this among the rest , vvas obserued ; that you vvere more fertile in setting dovvne diuisions , then fruitfull aftervvard in prosecuting the same ; yet in the last parte of this four-fold partition , about terrifying princes with excommunications , you flovving novv vvith full sea tovvardes the end of your accusations , men saie , that you insulted greatlie ouer catholicke religion , & brought forth a booke of your ovvne compyling ( to vvit your reportes ) pretending to shevv out of the same , that our english kings in former ages , were nothing afrighted with the idle menaces of papall excommunications ; that one was condemned of high treason for bringing in a bull against a subiect without the kings licence : that the king was neuer reputed subiect to any pope in ecclesiasticall matters , but that himself was absolute : how the popes legates were often times stayed at calles , vntill the king had giuen them licence to come into england , vvith manie other such points , partlie true , partlie false , partlie impertinent to the matter , partlie prouing de facto , and not de iure , partlie misalleadged , partly miscōstred , but altogeather misapplyed to the disgrace of that religion , for vvhose seruice al your lavves in those times & ages vvere instituted , and honoured : & yet you protested in that vaunting vaine of yours ; that you were exceeding glad to see your moderne religion in this point , so agreable to the ancient lawes of the realme , which lawes ( quoth you ) if they were exactly looked into , would restraine our romish catholickes for growing any further , as you hoped they would be . . but sir , hovv little ground of truth or substance all this hath in it , & hovv contrary effectes the devv cōsideration of our english lavves may , & must needes vvorke in the mindes of al discreet men , tovvardes the setling of a stable iudgement and firme persuasion in fauour of catholicke religion , in that the said lavves proceeded al from catholicke princes ( though alvvaies i except such as doe frame their iudgement to the current of the present time , & doe subordinate their vnderstanding to their vvealth and honours ) this ( i saie ) shal aftervvardes be so euidentlie declared in this answere of ours throughout the vvhole booke , as no mā i suppose vvith any indifferēcy , or probability of reasō , shal be able to deny or cōtradict the same . . and in particular the reader shall see refuted the seuerall members by you heere set dovvne , as namelie , hovv great and harty reuerence and respect our catholicke kings did euer beare vnto ecclesiasticall censures , not onlie of the pope as supreme , but of their ovvne home-bishopps also : and that no king in all that ranke for almost a thousand yeares , did euer hold himself absolute in ecclesiasticall povver , vntill king henry the eight ; and that it cannot be true , vvhich heere & elsvvhere you so much bragg of , & bring forth vpon euery occasion ( as the archer that had but one arrovv in his quiuer that vvould fly ) hovv that in the raigne of king edward the first , it was treason by the common-law for a subiect to bring in and publish a bull from rome against a subiect , without the kings licence ; vvhich is your first obiection in that kings life , and ansvvered by me after in the eleuenth chapter of this booke . . and as for the obiection of the popes legats or nuntij detained somtimes by the kings order at calles , from entering the realme , vntill some difference betvvene popes and kings vvere accorded , though it be so vveake a thing as deserueth no ansvvere , yet haue i ansvvered the same vpon diuers occasions , and shevved amongst other , that by this argument , if it vvere good , king philip and queene mary might be said not to haue acknovvledged the pope his spirituall authoritie , for that they deteined in calles the messenger of paulus quartus , vvhen he brought the cardinalls hat , and legacy of england for friar peto in preiudice of cardinall poole , vvhich the said princes vvould not suffer to be put in execution , vntill they had better informed the said pope , vpon vvhich information & their intercession the controuersie ceased . . much other matter i doe vvillinglie pretermit ( m. attorney ) vvhich you vttered that daie in contempt , & derogation of that religion , vvherby all your progenitors , yea all the peeres and princes of our realme in precedent ages thought themselues both happie and honourable : and if they had imagined that in future times an attorney vvould haue stept vp to raile , and reuile that religion , calling it rotten and contemptible , & them all blind and deceaued people ; vvhat an opinion ( thinke you ) vvould they haue fore-stallen of you ? and hovv base and odious a conceit vvould they haue preconceaued against you ? especiallie if they had seene you ( as others did that stood neere ) so caried avvaie vvith hereticall humour , as to vvander , and range , and runne from your matter in your pleading , to seeke occasion of insolent tauntes against them in such sort , as your vvhole subiect by your ovvne confession , being of treason , the most of your inuectiue speach vvas against their religion . . for vvhich cause i thought my self bound to saie somevvhat in this behalfe , principallie to that vvhich is proper to the argument of your late booke of reportes , heere by me ansvvered . for as for the other parte concerning treason , and the vvhole act of the late arraignement about the same , i haue of purpose forborne to speake , as vvell for that it is a matter not appertayning to my facultie ; as also in regarde of the devv respect i beare both vnto the lavves , and customes of my countrie , my princes person , and the honour of that great assemblie : in all vvhich i haue nothing to complaine of ( all hauing passed by order ) but onlie of your extrauagant excursions , to confoūd religion and treason togeather : nay to make religion the fountaine of treason , and therby to inuolue vvithin the hatred of treason , all those that by conscience are tyed to that religion , be they neuer so innocent ; than vvhich there can be no greater iniquitie imagined . . vvith m. garnets particular cause i vvill not meddle in this place , he is gone to his last iudge , before vvhome also you , and others that haue had parte in the handling therof , must finallie appeare , to see confirmed or reuersed vvhatsoeuer hath passed in that affaire . as for that vvhich you & others so often vrged against him , to confesse , that he vvas lavvfullie condemned by the tēporal lavv of the land , importeth little for the impayring of his innocencie before almighty god. you knovv vvho said in a farre vveightier cause , concerning the tryal of our sauiour himself : vve haue a law , and according to this law , he ought to dy , for that he hath made himselfe the sonne of god ; and their error vvas not so much in the obiect , as in the subiect : for as for the lavv it self , vve fynd it in leuiticus that blasphemie ( vvhereof the highest degree vvas for a man to make himself god ) vvas punishable by death ; but the subiect , to vvit , the person of our sauiour vvas mistaken , they esteeming him to be onlie man , vvhereas they ought to haue knovvne , that he vvas god and man , as vvell in respect of the predictions of al the prophets , foretelling that christ should be the sonne of god ; as also of his stupendious actions , that proued him to be trulie christ : so as though the lavv alleadged by the ievves against blasphemie & blasphemers , vvere true and in force of it self ; yet held it not in the person of christ , but vvas in the highest degree iniurious , as all christian-men must confesse . . let vs see then hovv from this case of the maister , some light may be dravvne to that of his scholler and seruant . you , m. attorney , pleaded against him , as the ievves attorneyes did against our sauiour and said ; nos legem habemus &c. vve haue a lavv , that vvhosoeuer reuealeth not treason by such a space , shall be accessarie of treason , and dy as a traytor : nor do vve deny the lavv , or complaine thereof ; but yet if this case vvere pleaded in a forrayne catholicke countrie , vvhere the prisoner also shoulde haue his attorney allovved him , he vvould saie on the other side : nos legem habemus superiorem , ecclesiasticam , diuino iure intentam , qua sacerdos neque mori , neque puniri debet , ob proditionem sub confessionis figillo cognitam , & non reuelatam : vve haue a contrarie lavv , to vvit , an ecclesiasticall and spirituall lavv , higher then your temporall , and a lavv founded on the lavv of god , vvhereby it is ordeyned , that a priest shal neither dy , nor be punished , nor be accompted traytor , for treason discouered vnto him vnder the seale of confession , and not by him reuealed ; nay he shal be punished , & that most grieuouslie , if he doe for anie cause reueale the same . . and this plea of the prisoners attorney ( vvhich by catholicke doctrine and schooles is easilie proued in all the partes or members heere set dovvne ) vvould presentlie haue bene admitted in all catholicke countries and courtes , and in ours also , vvhiles our kings and people vvere of that religion , and your temporall lavv vvould haue byn put to silence . oh , you vvill saie , but novv it is othervvise , and vve care not for your ecclesiasticall lavv . vvherevnto i ansvvere : veritas autem domini manet in aeternum . if this lavv be foūded in gods truth & vvas left vnto his church by christ himself the fountaine of al truth , for the honour and defence of his sacrament of confessiō , as al ancient diuinitie doth affirme ; then must it for euer endure immutable : and novv and then , heere and there , this countrie and that countrie , this and that alteration of religion , or princes temporall lavves , must not alter the case or substance of truth , either in gods sight , or vvise mens eyes ; and so m. garnets case , dying for this truth in england novv , is no vvorse , then if he had dyed a thousand yeares gone for the same , either in england or any other cath. countrey , that is to say , he dying only for the bare cōcealing of that , vvhich by gods , and the churches ecclesiastical lavvs he could not disclose , & giuing no cōsent or cooperation to the treasō it self , should haue byn accōpted rather a martyr then a traytor , & no lesse novv . . vvhich being so , cōsider i besech you m. attorney , vvhat a different reckoning there is like to be betvveene you tvvo , at your next meeting in iudgement : you knovv somvvhat by experience hovv dreadful a thing the forme of publicke iudgement is , but not so much as some others , for that hitherto it hath byn stil your lot to be actor & not reus , predominant both in vvordes & povver , and consequently terrible & nothing terrifyed : but vvhen the time and case shal come , vvherof the holie-ghost foretelleth vs : stabunt iusti in magna constantia , aduersus eos qui se angustiauerunt . iust men that vvere ouerborne in this vvorld shal stand vp boldly vvith great constancy , against those that ouerbare them : and vvhen the saying of our sauiour shal be fulfilled : that euery man shal receaue , & be treated according to the measure wherby he hath measured to others ; then vvil be the day of woe : neither doe i say this , m attorney , to condemne your office , i knovv that in all tymes , vnder all princes your office of fiscal-aduocate or attorney hath byn in vse for the princes seruice and good also of the common-vvealth if it be vvell and moderatelie vsed ; but yet i cannot but friendlie put you in mind of that , vvhich holie s. gregory doth admonish , vvhere he handleth the cause and reasons vvhy s. peter , s. andrew , s. iames , and s. iohn retourned to their art of fishing , after the resurrection of our sauiour , but not s. matthew to his custom-hovvse ; to vvit , that certaine artes and occupations there are more dangerous farre , the one then the other , as more subiect and incident to greater sinnes . . in vvhich kinde trulie , sir , if any office in the vvorld be daungerous in deed , yours may be accompted in the highest degree , that hath euery day almost his finger in bloud , or in particular mens afflictions , and ouerthrovves . and albeit the act of iustice be laudable & necessarie ; yet the actor oftentimes runneth no small daunger of his soule through the passions of anger , hatred , reuēge , vain-glorie , couetuousnes , appetite of honour , and the like affections of mynd , vvhich peruert iustice , and vvherof most strait accompt must aftervvard be rendred for the same . . and if in any part of the vvorld this fiscall office and authority be full of perill , much more in england , vvhere his povver is much more absolute then in any other countrey vvhatsoeuer . for that in other realmes the defendant for his life , hath other attorneyes , and learned counsell allovved him , as hath bene said ; but in england all is committed in a certayne sort to the kings attorney onlie , vvhere the matter any vvay concerneth the princes interest : and albeit he be svvorne to be equall , and indifferent betvvene the prince and his subiect , especiallie in matters of life and death ; yet doe all men see , hovv that is obserued , the attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding , by scoffs , iestes , exprobrations , vrging of odious circumstances , tales , inuentions , cōparisons , rhetoricall exaggerations , & the like ; vvhich seemed in old time so vnciuill , and inhumane against men in misery , that diuers states and cōmon-vvealthes , though pagan and gentile , did forbid them to be vsed by the actor , notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence , as the actor had for his accusation . . all vvhich points of ayd and comfort doe faile in our english tryall of life and death , and one more besides of singular importance , vvhich is , that the iury commonlie is of vnlearned men , and therby easilie , either deceaued by crafty and coloured arguments of the accuser ( not hauing time to examine , or iudgement to discerne them ) or led by false affectiōs , or terrifyed by force of authoritie , vvhich in graue learned iudges vvere not so much to be feared . and by this may m. attorney acknovvledg vvith me some part of the danger of his office , vvho by one onlie vvorde , looke , signe , or action , may oftentimes preiudice the bloud of the prisoners , that stande at the barre , & much more by so many exaggerations , reproaches , and insolencies vsed against them . vvho remembreth not that late hateful exprobration to the vnfortunate earle , to vvhome it vvas obiected at the barre : that he thought to be the first king robert , and novv he vvas like to be the last earle of that name and hovvse . and the other yet more bitter vnto his secretary cuff , that you vvould giue him at length such a cuff , as should make his head to reele against the gallovves : these things to men in misery , are great encreasmētes no doubt of their calamityes , and so much the more , by hovv much they tasted of insolency , neuer allovved of by vvise and moderate men , tovvardes those that be in affliction or distresse . and thus vvill i end this my first speach vvith you , referring my self for the rest to that vvhich ensueth throughout this vvhole answere . cath. deuine . a table of the particular contentes , chapters , and paragraphes of this ensuing treatise . the preface to the reader , conteining the weight and importance of this our controuersy ; wherby may be resolued whatsoeuer is in question betwene men of different religions at this day in england . the answere to the preface of syr edward cooke the kings attorney generall ; about errour , ignorance , and truth , and way to try the same . chap. i. pag. . the state of the question in generall , concerning spirituall and temporall power and iurisdiction : their origen , and subordination one to the other . and how they stand togeather in a christian common-wealth . chap. ii. pag. . the second part of this chapter , about the subordination of these two powers , the one to the other ; & different greatnesse of them both . § . . pag. . the third part of this chapter , shewing how these two powers and iurisdictions may stand well togeather in agreement , peace and vnion . § . . pag. . the particular state of the controuersy with m. attorney concerning the late queenes ecclesiasticall power by the auncient lawes of england ; deduced out of the case of one robert caudery clerke . chap. iii. pag. . the second part of this chapter , with a more cleere explication of the question . § . . pag. . vvheras in the case proposed , there may be two kinds of proofes , the one de iure , the other de facto ; m. attorney is shewed to haue failed in them both : and that we doe euidently demonstrate in the one , and in the other . and first in that de iure . chap. iiii. pag. . the second part of this chapter , wherin is shewed , that queene elizabeth in regard of her sex , could not haue supreame ecclesiasticall iurisdiction . § . . pag. . of the second sort of proofes named de facto , wherto m. attorney betaketh himselfe , alleadging certaine instances therin : and first out of the kinges before the conquest . chap. v. pag. . how the attorney not being able to proue his affirmatiue proposition , of english kinges iurisdiction ecclesiasticall before the conquest : we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations , that there was no such thinge in that tyme , but the quite contrary . chap. vi. pag. . the first demonstration of the lawes made by ancient kinges before the conquest . § . pag. . the second demonstration : that the first ecclesiasticall lawes in our countrey came not from kings , but from prelates . § . . pag. . the thid demonstration : that all ecclesiasticall weighty matters were referred by our kings and people to the sea of rome . § . . pag. . the fourh demonstration : that confirmations , priuiledges , franquizes of churches , monasteries , hospitalles , &c. were graunted by the pope . § . . pag. . the fifth demonstration : that appeales and complaints were made to the forsaid sea of rome , about cōtrouersies that fel out in englād . § . . pag. . the six demonstration : of the kinges and archbishops that liued togeather in our countrey before the conquest , and what lawes they were like to make . § . . pag. . the seauenth demonstration : of the concourse of our kinges of england with other princes , and catholike people abroad . § . . pag● . the eight demonstration : of the making tributary to the sea of rome , the kingdome of england . § . . pag. . the nynth demonstration : of the going of diuers kinges and princes of england to rome for deuotion to that sea. § . . pag. . the tenth demonstration : of the assertions and asseuerations of diuers kinges of england for preheminence of spirituall power . vvith a conclusion vpon the former demonstrations . § . . pag. . of the kinges after the conquest vnto our times . and first of the conquerour himselfe , whether he tooke spirituall iurisdiction vpon him , or no , by vertue of his crowne and temporall authority . chap. vii . pag. . reasons that shew william the conquerour , to haue acknowledged euer the authority of the sea apostolicke . § . . pag. . of king william the conquerour his lawes in fauour of the church and church-men . § . . pag. . the first instance of m. attorney taken out of the raigne of k. william the conquerour , refuted . § . . pag. . of king william rufus , and henry the first , that were the conquerours sonnes ; and of k. stephen his nephew : and how they agreed with the said conquerour in our question of spiritual iurisdiction acknowledged by them to be in others , and not in themselues . chap. viii . pag. . of king henry the first , who was the third king after the conquest . § . . pag. . of the raigne of king stephen , the fourth king after the conquest . § . . pag. . of the raigne of k. henry the second great grand-child to the conquerour , & the fifth king after the conquest , with his two sonnes k. richard and k. iohn ; and their comformityes in this controuersy . chap. ix . pag. . of the raigne of k. richard the first , the sixt king after the conquest . § . . pag. . of the raigne of k. iohn , who was the seauenth king after the conquest . § . . pag. . of king henry the third , that was the eight king after the conquest ; and the first that left statutes wrytten . and what m. attorney alleadgeth out of him for his purpose . chap. x. pag. . two instances alleadged out of the raigne of k. henry the third by m. attorney and of what weight they be . § . . pag. . of the liues and raignes of k. edward the first and second , father and sonne . and what arguments m. attorney draweth from them , towards the prouing of his purpose . chap. xi . pag. . of k. edward the first , who was the nynth king after the conquest . § . . pag. . of king edward the second , which was the tenth king after the conquest . § . . pag. . of king edward the third , and k. richard the second his nephew and successour : and vvhat instances or arguments m. attorney dravveth from their tvvo raignes , vvhich continued betvveene them for seauenty yeares . chap. xii . pag. . m. attorneyes obiections out of the raigne of k. edward the third aforesaid . § . . pag. . of the raigne of k. richard the second , the tvveluth king after the conquest . § . . pag. . of the three king henryes of the house of lancaster , the fourth , fifth and sixth , vvho raigned for the space of threescore yeares . and vvhat is obserued out of their raignes concerning our controuersy vvith m. attorney . chap. xiii . pag. . instances alleadged by m. attorney , out of the raigne of k. henry the fourth , vvho vvas the thirteenth king after the conquest . § . . pag. . out of the raigne of k. henry the fifth , that vvas the fourteenth king after the conquest . § . . pag. . out of the raigne of k. henry the sixt the fifteenth king after the conquest . § . ● . pag. . of the raigne of f●ure ensuing kinges , to vvit edward the fourth , edward the fifth , richard the third , and henry the seauenth : and hovv confo●me they vvere vnto their ancestors in this point of controuersy vve haue in hand . chap. xiiii . pag. . i●st●nces out of the raigne of k. edward the fourth , the sixteenth king after the conquest . § . . pag. . out of the r●igne of k. henry the seauenth , vvho vvas the nynteenth king after the conquest . § . . pag. . of the raigne of k. henry the eight , and of his three children , king edward que●ne mary and queene elizabeth : and hovv the first innouati●n thout ecclesiasticall iurisdiction vvas made , and continued in their daies . ch●p . xv. pag. . the ansvvere to certayne instances of m. attorney out of the raigne of k. henry the eight § . . pag. . of king edward the six , the one and tvventith king after the conquest . § . . pag. . of the raigne of queene mary , the tvvo and tvventith princesse after the conquest . § . . pag. . of the raigne of queene elizabeth , vvho vvas the three and tvventith princesse after the conquest , and last of k. henryes race . § . . pag. . certaine expostulations vvith m. attorney , about euill preceeding , & iniuryes offered to diuers sortes of men in this his booke of reportes , especially to ●ards the end therof : togeather with the conclusion of the whole worke . chap. xvi . pag. . the first expostulation , in the behalfe of recusant-catholickes of england , grieu●●sly iniured by m. attorney . § . . pag. . the second expostulation , in the behalfe of all english catholickes in generall . § . . pag. . the third expostulation , in the name of all moderate and peace-louing subiects whatso●uer . § . . pag. . an index or table of the particular matters conteyned in the vvhole worke . the preface to the reader . concerning the weight , and importance of this our controuersie ; wherby may be resolued whatsoeuer is in question between men of different religions at this day in england . albeit the moment , and vtility of that we haue in hand ( discreet reader ) will best be seene by perusall of the treatise it self , and by thy iudicious consideration therof : yet for thy better encouragement to this labour , and to stirr thee vp to more attention herin ; i haue thought good , to touch some points in generall , at this first entrance , remitting the larger , and more particular declaration therof , vnto that which is to ensue throughout the whole discussion of the controuersie . . first then , to pretermit the whole view of our english christian antiquities , which heer by fit , and necessarie occasion is searched & laid open , togeather with the liues , and laws , gouerment , and religion of all our christian kings , both before and after the conquest ; this one point seemeth to me to be of most moment for the present ; that wheras vnder the raigne of queen elizabeth ( about whome principallie is our question ) three sortes of religion did stand vp , & striue togeather ( and doe vnto this day ) the protestant , the puritane , ●nd the catholicke : their whole contention seemeth to mee to ly within the limits of this controuersie , moued by m. attorney about q. elizabeths spirituall iurisdiction , and that out of the same , the whole may easily be determined , as presentlie you shall see . . for wheras there are two principall partes of any religion whatsoeuer ; the one , doctrine or precepts , for instruction ; the other , power and authoritie , for direction , and gouerment ; albeit the first be the ground , and foundation wheron to buyld , and worke ; yet is the second that which giueth life , and motion to the former ; and must try and iudge the same : for that in euery religion or societie of men , professing one , and the self same faith , those that are the cheife mēbers therof , & presumed to ●aue principal power and spiritual iurisdiction therin , are they that must authorize , discerne and iustifie the doctrine therof to their followers . for as s. augustine said in ●is daies to the manichies that pressed him to beleeue certaine thinges out of the scripture in their sense : that he vvould not beleeue the ghospell it self to be the ghospel , except the authority of the chuch did moue him thervnto : that is to say , the cheife gouernours of the church , and such as had cheife spirituall authoritie therin from time to time : of whome christ meant when he said : dic ecclesiae , denounce it to the church ; and againe . if he heare not the church , let him be to thee , as a heathen , or publican : so in like manner must we say in these daies , nor haue we any other reasonable answere , why we beleeue any one booke of the new , or old testament to be scripture ( that is to saie to containe doctrine of the holie ghost , and not of man ) but for that the gouernours of our church , which haue spirituall power among vs , doe tell vs so . . yea , all sectaries likewise , of what sorte or sect soeuer , are forced to follow the same rule ; for that whatsoeuer they admit to be scripture , they admit the same either vpon the credit of our church , and gouernours therof , or of their owne , or of both ; but especially indeed of their owne , which is seen by their doubting or reiecting of any parcels of scripture , doubted of , or reiected by their owne leaders , though admitted by ours . as for example , the booke of vvisedome , of toby , iudith , ecclesiasticus , the first and second of machabees , and other parcels of the old testament , reiected by luther , and lutherans ; as also the epistle of s. iames , the second and third of s. peter , the apocalips , and other peeces of the new testament , which our church admitteth simply . but caluin , and caluinists , though expreslie they reiect them not with the lutherans , as appeareth by our english church , where they are left to stand in the bible : yet is their admission so could , and conditionall , as it may rather seeme a curteous dimission , then any way a faithfull , or confident acceptation . . and the same may be said of any other particular point or points of doctrine of any religion , or sect whatsoeuer ; the leaders , or gouernours that are presumed to haue cheife authoritie , must iudge and discerne , distinguish , expound , and determine , what is to be beleued or not ; what is to be held and taught , or reiected ; and finallie , what is to be done and practised ; what sacraments , what ceremonies , what customes are to be vsed , hovv , where , and when ; and last of all this second part of power and authoritie , rule , order , gouerment , and iurisdiction is that , which giueth light , direction , and life to euerie religion . and for so much as there can be but one true , that can bring vs to saluation ; it followeth , that whersoeuer this true spirituall power , and iurisdiction is found , there is the onlie true religion also , which a man may securelie follow : yea , that vnder paine of eternall damnation , he is bound to follow , for that this authoritie will lead him to life euerlasting , christ hauing giuen the keies of heauen thervnto , that is to say , full power to shut and open heauen by binding or loosing sinnes vpon earth ; and that in such sort ( saith s. chrysostome and all other ancient fathers with him ) that the courte or tribunall of heauen standeth expecting , vvhat is done vpon earth to confirme the same there : for so much , as euer since this admirable , vniuersall , and dreadfull authoritie was giuen ( say they ) by christ vpon earth , vnto the gouernours of his church , nothing is done in that court of heauen , but by presidence , and predetermination of that which is done , or sentenced in the tribunall of the militant church on earth ; that is to say , he that is here absolued , is absolued there , & he that is here condemned , is condemned there , without remission . vvherof also the said fathers do inferre , that to find out this authoritie , and to follow the same , and the direction therof , is the only sure way to saluation . and that the erring herin , either wilfully or of ignorance , is the most certaine path to damnation ; for that by no other ordinary means ( since this commission giuen , and authoritie instituted among christians ) is any grace , fauour , pardon , light , direction , or other spirituall benefit to be receiued from god , but by way of this subordination of spirituall authoritie appointed in his church . . vvherfore al hope of life depēding , as you see , of this soueraigne point so as whosoeuer erreth in this , erreth in al ; ech man wil easilie cōsider how much it importeth him to looke well thervnto , and to stand attentiue and vigilant in the discussion therof ; to see whence , and how , and by what means , and from what sourge and fountaine , this authoritie and spirituall iurisdiction is deriued : in which point the three professors of different religions before mentioned , doe principally differ , and distinguish themselues . the protestāt deducing this spiritual power from the temporall prince ( or rather princesse vnder q. elizabeth . ) the * puritane from the people . the catholicke from the succession of bishops from christs time downe wards , and especially from the highest , which they hold to be s. peter , and his successours . and which part soeuer of these three hitteth right , goeth happely & securelie , & the other two doe run to euerlasting perditiō . . the protestant for his ground , hath those sayings of scripture : that all orderly authoritie is from god. that vve must giue to cesar , that vvhich is cesars : that princes are to be honoured , and obeyed for god ; and kings , as highest in dignitie , and that he vvhich resisteth lavvfull authoritie , resisteth gods ordination : and therby incurreth damnation &c. all which the other two parties granting , doe affirme to haue byn vnderstood of temporall authoritie only , for gouerning the commonwealth ; and not of spirituall for gouerning of soules , which they proue : for that all kings , and princes were then infidels , and especially the roman emperours of whom this was principally meant , who by these places of scriptures , cannot be said to haue receiued commission , to gouerne the christian church , which was in their times , and vnder their dominions ; but onlie in temporall matters , and ciuill affaires . and that the spirituall power and iurisdiction wherof we talke , was at that time in another sorte of men , to wit in the apostles and their successours , which were bishops , according to the testimonie of s. paul in the acts of the apostles , speaking vnto them , and saying : the holie ghost hath placed you bishops to gouerne his church vvhich he hath purchased vvith his ovvne bloud . . the puritanes , or rigid caluinists haue for their ground , certaine elections made by the people , and recorded , as well in the acts of the apostles , as in other histories of the primitiue church : as for example when they chose two in the place of iudas , to wit , ioseph , and matthias , to bee determined by lot which of them should be . and when afterward they chose s. stephen , & six others to supply the place of deacons , & many times afterward in the primitiue church we read , that the people did choose or name their bishops . but to this , the other two parties doe answere , that in the first two examples , out of the acts of the apostles , it is euident by the text , that those elections , or nominations were permitted to the people , by the apostles themselues , for their comforte and encouragement ; but that the parties so chosen , had , & receiued their authority & spiritual iurisdiction from the apostles themselues . and the like is answered for the times ensuing , wherin the bishops did oftentimes permit the said electios to the people , for their greater cōtentment , & consolation in those daies of persecutiō , to choose & nominate for their bishop & pastor the man whom they best liked , who afterward was inuested & cōsecrated by the said bishops notwithstāding : & tooke his iurisdiction , and spirituall power from them , to whom properly that power and authoritie belonged , to ordaine , both bishops , and priests , as we see the apostles themselues did euerie where , and gaue the like authoritie to others ordained by them . as we read , that s. paul hauing made titus bishop of creta , gaue him order also to ordaine : vt cōstituas per ciuitates presbyteros , sicut & ego disposui tibi . that thou ordaine priests for citties , as i haue appointed thee . . the catholickes for their groūd haue this : that bishops only , & priests were made spirituall gouernous of christs church by christ himself , and so continued vader infidel emperours for three hundered yeares togeather , vntill the time of constantine the great , that was first conuerted , as afterward more largely will be shewed in due place ; and that this authoritie is to continue in lawfull succession of bishops , by ordination , and imposition of hands , vntill the worlds end . and that neither temporall prince can haue this , except he be also priest , and receiued it by the same ordinary way of ordination and succession ( whereof q. elizabeth was not capable ) and much lesse the common people , except only by permission , to elect and nominate , as hath byn said : wherof ensueth that if they haue not this spirituall authority in themselues ; much lesse can they giue it to others . and thus according to the catholickes iudgment , doe faile the grounds , both of the protestant , and puritan in this great affaire : and failing in this , doe faile in all the rest ; for that of this , dependeth all , as before hath byn said . . for if in their religions , there be no true authoritie spirituall , or iurisdiction , deriued by ordinarie means , and succession from christ ; then are they awry in all , nor haue they any true authority , to preach , administer sacraments , absolue , or bind from sinnes , iudge of doctrine , determine or decree of any spirituall action whatsoeuer ; nor are they within the compasse of christs church , or state of saluation , as by necessarie consequence doth ensue ; and the like of the catholickes , if they in this point be amisse . and herby we may see the importance now of this controuersie , between m. attorney and me , as also their shallow vnderstāding ( if they speake as they thinke ) or rather malicious folly ( if they doe not ) who affirme euery where in their bookes against catholickes , that protestants and puritanes are but onlie iarring-brethren , and reconcilable between themselues , and that their differences are not in principall points of religion , but in certaine lesser things , and ceremonies . for that this being indeed , not onlie so substantiall a point of doctrine , as before you haue heard ; but containing also the whole second part of religion before mentioned ( to wit , all that belongeth to power , authoritie , gouernement and iurisdiction ) by which religion hath her life , vertue , force , and efficacy : it is easily seen , how vaine , and false , or rather ridiculous and pernicious the other assertion is , and if we well enter into the examination of particulars , we shall easilie see the same . . for suppose ( for examples sake ) that the protestants ground be true , that all spirituall iurisdiction , force , and efficacie therof came vnto their church in queene elizabeths time , by her , and from her , out of the right of her crowne ; & that the puritanes ground be false , who pretend the same from the people , i meane from their owne congregations , classes , & presbyteries ( for no other gaue it them ) what followeth of all this ? no doubt , it must needs follow , by manifest consequence of truth , that the puritanes haue no authoritie , or spirituall iurisdiction in the church of god at all , nor are lawfull pastors , but vsurpers , and intruders ; and that they entred not by the doore , as christ saith , but by other means : that is to saie , not by the ordinarie doore of lawfull vocation , ordination , and succession of priesthood . of which doore the apostle s. paul made such high accompt , as hauing set downe that vninersal proposition to the hebrews : nec quisquam sumit sibi honorem , sed qui vocatur a deo , tanquam aâron . that no man taketh vnto him the honour of being a bishop , or priest , but he that is called by god therevnto , as aâron was in the old law . after this ( i saie ) he passeth on to proue , that christ himself the sonne of god , tooke not this honour of high priesthood vpon him , but by the publike testimonie of his said fathers vocation , set downe by the prophet dauid , manie hundred years before he was borne . tu es sacerdos in aeternum secūdum ordinem melchisedech . thou art a priest for euer , after the order of melchisedech , and not of aâron . and according to this high order of melchisedech , that was both king and priest , and whose sacrifice was not of beasts and birds , as those of aâron , but of bread , and wyne onlie , to prefigurate the most pure , and holie sacrifice , that christian priests were to offer afterward to the worldes end , of the body and bloud of christ , in like formes of bread and wyne , as all ancient * fathers doe expound it : of this order ( i say ) christ being high priest , made all his apostles priests , and they others after them , and they others againe , by the ordinarie way of ordination , imposition of hands , and succession , which hath endured from their time to ours , and shall from ours , vntill the day of iudgement . . and this ordinarie doore ( so called by christ our sauiour ) of entring into spirituall authoritie , and iurisdiction ouer his flocke , is of such high esteeme and importance , that as the first generall doore , wherby a man must enter to be a sheep in the said flocke , to wit baptisme , is a sacrament , not reiterable , and so absolutelie necessarie , as no man can enter by any other way : so likwise this other particuler doore of entring into prelacie , or pastor-shipp ouer christs flocke , was ordayned a sacrament by our sauiour , no lesse necessarie for distinguishing theeues , robbers , and intruders , from true and lawfull pastors ( to vse our sauiours similitude ) then the other of baptisme , to distinguish sheep from wolues , and christs flocke , from infidells and others of the synagoge of satan . . and now in all this which we haue spoken by occasion of the puritanes pretence , to enter into spirituall gouerment ouer christs flocke , by voice and choise of their owne people , we doe not much differ from their maister and doctor iohn caluin , who confesseth that this doore or entrance to the clergie by lawfull vocation and ordination , is so necessarie , as if it be not obserued , all would grow to confusion , and no man could know , who hath spirituall iurisdiction ouer soules , and who hath not . and further he confesseth that albeit be appoint but two generall sacraments for all sortes of people , baptisme ( to witt ) and the lords supper : yet he graunteth this ordination of church-ministers , to be a true sacrament also , and to haue promise of grace annexed vnto it , as other sacraments haue , but that it strecheth not so far , as the other two doe ; but is particular for ministers and clergie-men onlie . . but then if we presse him , how he , and his came in by this doore ; he and they haue no other shift , but to say , that their first maisters and teachers entred in by this ordinarie vocation and ordination of our bishops ( for others there were none at that time to call ; or ordayne them ) from whom afterward they disioyned themselues in doctrine , to ioyne with the apostles . and this is the leap they make from our age to the apostles time . . but suppose they could say this of their first teachers , that they had their ordination , and consequentlie also their vocation and spirituall iurisdiction from our bishops ; yet afterward when they fell to different doctrine , and for that cause were cut of by excommunication from them , and especiallie now when the said first teachers are dead and gone ; they can haue no other assurance of their vocation of ministerie , then from the people of their owne sect , in their presbyteries , as before hath byn said : which how much it is , or whether it may be any thing at all , shall * afterward be discussed . . now it shall be sufficient onlie , for the argument of this preface , concerning the weight , and importance of this controuersie we haue with m. attorney about spirituall iurisdiction , that we consider , and beare in mind the different origen , from which ech partie of the foresaid three professors of religion , doe pretend to deriue their right and interest to the said spirituall iurisdiction , which they exercise . and what side soeuer erreth therin , erreth also in the maine marke of their saluation , and doth draw both themselues , and their followers to euerlasting perdition . and furthermore that the difference & contrariety in this point , is much more between puritanes and protestants , then between them both and catholickes : for that they both doe graunt and cannot denie , but that the deduction of spirituall iurisdiction in our catholike prelates , hath come downe line-allie , and successiuelie by ordination , and imposition of ●ands , the one of the other , from the apostles time , though declined ( as they saie ) in doctrine . but we , on the contrary side , doe inferre the suretie of our doctrine , by the certaintie of this succession of priestlie power , and spirituall iurisdiction . for that whersoeuer this is trulie to be found , which cannot be but in the true church ; there also hath christ assured vs , that by his omnipotent power and presence , the puritie , and certaintie of doctrine shall euer in like manner be infallibly conserued . . but to the protestant , the puritane doth not yeeld thus much by manie degrees , and much lesse the protestant to the puritane . for they doe not graunt the one , to the other , that they haue true ordination of priests and ministers among them , as to vs they doe : in s●gne wherof , if anie priest of ours doe fall to their side● they giue him no new orders , but thinke him sufficientlie ordayned by vs , to minister in their church , which the protestant doth not admit in puritane ministers , but that they must be ordered againe by their bishops , as hauing no orders before ; nor yet the puritanes with the protestant-ministers when they turne vnto them , but doe appoint , that he renounce his former orders in their congregation , or presbyterie ; and by new imposition of hands of the said presbiterie he be ordayned a new minister in that profession : so as by opinion and estimation of the protestant-religion , the puritane-ministers are meere laie-men , taking vpon them spirituall iurisdiction ouer soules without any lawfull authoritie , or commission at al ; and consequentlie haue no power to preach or teach , or administer sacraments , and much lesse haue they that high , and excellent iudiciall authoritie to binde , or loose sinnes . and that which followeth also of this , that they haue no sacraments at all , no clergie , no ministerie , no sacred or diuine thinge ; but are onlie a lay companie of men and women , ioyned togeather in a certaine worldlie secular society , as fish-mongers , iron-mongers , drapes , and other like companies in london . and the same opinion haue they of the protestants , and of their church . . and by this you may see , how farre they differ in substance of religion ( though somtimes for fashion-sake they call themselues brethren ) more indeed then both of them from vs , as before hath byn said ; which proceedeth from this mayne ground & principle , to wit , from whence ech part draweth their ecclesiastical power , & spiritual iurisdictiō ouer soules : for that this being once found out , all the rest is easie and cleere , for so much as this true spirituall authoritie , can be but in one partie , and in one church onlie , which is the true : and wheresoeuer it is found , there is assurance also of all truth , christ hauing promised vs , that this church , and the true pastors thereof shall not deceiue vs , nor be deceiued . and therefore that we may boldlie , and confidenlie heare their voice , and doe that which they bid vs , though otherwise in life , and manners , they should be as bad as scribes and pharises . . and on the other side where this true authoritie , and lawfull iurisdiction is not , there we must not beleeue , though they speake neuer so faire , for that we are fore-told and fore-taught , that they are but wolues in sheeps apparrel , false prophets to deceiue , theeues and murderers to kill and destroie , & other such fore-warnings left vnto vs by christ and his apostles . all which ought to make vs vigilant , attent , diligent , & curious to vnderstand really the truth about spirituall iurisdiction , which in the ensuing treatise is handled , so far forth , as m. attorney hath giuen occasion , though nothing so largely , as the thing it selfe might be discussed ; but yet sufficientlie for euerie discreet man to see the grounds , and with that modestie also ( i hope ) as may iustlie offend no man. and so i shall now passe on , to ioyne with m. attorney more neerly in the maine battaile , if first by the way ( as it were of skirmish ) we shall answere somewhat in like manner to his preface , wherin diuers points are not vnworthy of consideration . the answere to the preface of syr edward cooke , the kinges attorney , about error , ignorance , and truth : and vvay to try the same . chap. i. before i come to discusse the preface it self , which i purpose to sett downe wholy as it lyeth in the author , it shall not be amisse perhaps ( gentle reader ) to speake a word or two , concerning the title , whose inscription is . reports of diuers resolutions ; and iudgements , giuen vpon great deliberation in matters of great importance and consequence , by the reuerend iudges , & sages of the law : togeather with the reasons & causes ●f their resolutions , and iudgments published . &c. by which words of ●reat deliberation , great importance , and consequence , reuerend sages , & the like , m. attorney like a studious rhetorician procureth to purchase credit , and estimation to this his worke of reports . al●eit i be confident to the contrary , that vpon the ensuing search , ●hese reports directed by hym to the impugning of catholike re●●gion ( being only bare and naked reports indeed without profe or reason alleaged at all ) will neither proue so graue resolutions & ●udgemēts , nor to haue byn giuen alwayes vpō so great deliberation , ●or of so great importance , & consequence as he pretendeth ; and that when the reasons , and causes therof shall bee examined , they ●ill rather ouerthrow , than establish his principal conclusion ; wherin i remitt my self to the euent . ● . there followeth the same title to knitt vp the page , this plea●●ng sentence of cicero in his tusculane questions . quid enim lae●ro , nisi vt veritas in omni quaestione explicetur , verum dicentibus facilè ce●●m ? what doe i endeuour , but that the truth should be laied open in euery question , with resolution to yeld to them that shall speake the truth . this sentence ( i say ) giueth mee great comforte , yf m. attorney will doe as he insinuateth , and follow the indifferencie of his author alleaged , who in the matters he handled ( which were of philosophye ) is knowne to haue byn so equall , as he was not well resolued , what part to take . yet doe i not exact , so much equality in this our controuersie of diuinitie ( presuming my aduersary to be preoccupated with the preiudice of one parte ) but shall rest well satisfied with his desire , to haue the truth examined in euery point ; and much more with his readines , to yeeld vnto her , whersoeuer she shall be founde . . and with this i shall passe to his preface notinge only one point , or two more , by the way , wherof i shall haue occasion to speake againe afterward . the first is , that wheras this booke of reports is set forth with two distinct columnes in euery page , the one in latin , the other in english , the title or superscription of the one runneth thus . de iure regis ecclesiastico . the other hath this interpretation , of the kings ecclesiasticall law . as though the word ius ( which signifieth right ) were alwayes well translated by the word law. wherof afterward he seeketh to make his aduantage . but the error or fraude is euident , for that the word ius , hath a much larger signification , then lex , which may be proued , as well out of auncient lawyers , as deuines . for that a paulus iurisconsultu● doth affirme the word , ius , to be extended , ad omne quod quouis modo bonum & aequum est ; to whatsoeuer is any waye good or right . and then , in another signification the same b paulus doth say that it signifieth , sententiam iudicis , the sentence of the iudge . and in another signification c vlpian , and celsus two auncient lawyers take it for the science , & skill of law . and d aristotle in his ethicks , pro omni eo quod est legitimum . for all that which is any way lawfull . and so s. e thomas , and other school-deuines doe affirme , ius , to be obiectum iustitiae , the obiect of iustice , that is to say about which all iustice is exercised . and finaly f isidorus sayth , lex est species iuris , law is a braunch or kind of right : and consequently m. attorney doth not so properly throughout his whole booke interprete ius by the word law ; which i would not haue noted so largly , but that he being so great a lawyer , had obligation to speake more exactly ; though noe man deny , but that ius and lex may sometimes be taken for the same , but not euer , nor properly in this case . for that the question is not , nor was not of q. elizabeths ecclesiasticall lawes but of the right shee had to make such lawes . . the second point , worth the noting is , that wheras both the title , and subiect of all this booke , is of the kings ecclesiasticall law . m. attorney in the whole course therof , from the begining of our christian kings vnto k. henry the eight , ( who were aboue an hundered & twenty in number ) neuer citeth so much as one ecclesiasticall law made by anie of them . for that , they being catholikes , made not , but receiued ecclesiasticall lawes , from such as had authoritie to make them , in the catholique church . and such later statutes , decrees , and ordinances as were made by some later kings , from k. edward the first downward , for restraint of some execution of the popes ecclesiasticall power , in certaine externall points , were not made by them , as ecclesiasticall , but as temporall laws , in respect of the common wealth , for auoiding certaine pretended hurtes , and incommodities therof . and m. attorney is driuen to such pouerty , & straights in this case , as not being able to alleadge anie one instance , to the contrary , out of all the foresaid ages : hee runneth euery where to this shift , that the popes ecclesiasticall , and canon laws , being admitted in england , m●y bee called the kings ecclesiasticall laws , for that , they are admitted , and allowed by him , and his realme . in which sense , the euangelicall law , may bee called also the kings law , for that he admitteth the bible . but of this wee shall haue occasiō to speake more often afterward . for that m. attorney doth often run to this refuge . now then to the preface in his owne words . the attorney to the reader . it is truly saide ( good reader ) that error ( ignorance being her inseparable twynne ) doth in her proceeding , so infinitely multiplie herselfe , produceth such monstrous and strange chimeraes , floateth in such , and so many incertainties , and sucketh downe such poison from the contagious breath of ignorance ; as all such into whom shee infuseth any of her poisoned breath , shee dangerously infects , or intoxicates : and that which is wonderfull , before shee can come to any end , she bringeth all things ( if shee be not preuented ) by confusion to a miserable and vntimely end . naturalia & ve●é artificialia sunt finita . nulius terminus false error immensus . the catholik deuine . . to this so vehement accusation of error and ignorance , i could . moreouer our deuines doe handle this matter of ignorance so exactly in al their writings , as by treating of ignorance , they proue themselues not ignorant , but most learned . for first defininge ignorāce in generall to be want , or lake of knowledge , they distinguish the same into two sortes the one negatiue , the other priuatiue . and as for the negatiue , which importeth only a simple , & pure want of science , it is not reprehensible of it self , for that it might be in man , euen before his fall in the state of innocency , & is now in angells & other saints in heauē ; for that they doe not know all things which may bee knowne ( this being proper to god alone . ) albeit they know so much as is sufficient , to their euerlasting beatitude . so as this kind of ignorāce may stand vvith blessednes in heauen : and vpon earth also the scripture signifieth that it is lawfull , and good for men to be ignorant in many things , & not to know , or desire to know more then is needfull , which leadeth to curiosity , and this of ignorantia negatiua . . priuatiua ignorantia is that which depriueth a man of some knowleg , which he may and ought to haue . and vnto this , our deuines doe shew that error doth ad an approbation of that which is false , either in iudgment , or will. and vnto error , heresie doth ad yet further , pertinacity , and obstinacie , of will especially . and these are the fower degrees of ignorance in this sense , to witt , negatiue , priuatiue , erroneous , and hereticall . but now this priuatiue ignorance is subdiuided againe into diuers other members , and braunches . as for example into voluntary , and vnuoluntary ignorance : and vnuoluntary hath two degrees . the one that is altogeather vnuoluntary , so as by noe diligence of ours it could be auoyded , and therfore by deuines is called inuincible : and this is so far of from being a synne , or causing synne , as it doth excuse any synne whatsoeuer . for if a man should kill his owne father not knowing him , or what he doth at all , nor any way concurringe to the said ignorance ; he were to be excused , i doubt not , euen by m. attorneys law . . the other sort of vnuoluntary ignorance , called vincible is that which albeit it proceedeth not of our owne will directly , yet with some kinde of diligence , it might haue bene auoided , and preuented , and according to this it may be culpable , or vnculpable . voluntary ignorance also may be either , effect●ta that is willingly procured , either in it self , or in her cause , or by some grosse negligence , not auoided ; and this either antecedenter , consequenter , concomitanter , in facto , vel in iure , and other considerations , and circumstances , which catholike deuines doe prescribe , for discerning or iudging of mens synnes , and offences , according to knowledg and a good conscience . and in this are they occupied , whilest protestants stand crying out and exclaiming against ignorance in generall ; and that for the most part so ignorantly , as in nothinge more they shew their ignorance , then by such manner of impugning ignorance . i will not apply this to m. attorney , whome i take in his art to be a man of much science , yet is his speach in this place considerable for his degree . error ( saith hee ) doth in her proceeding ( hee should haue said ( his ) according to the gender ) so infinitely multiplie her self , produceth such monstrous and strange chimeraes , floateth in such and so many incertainties , as all such into whom she infuseth any of her poisoned breath , she dangerously infects or intoxicates . a strange and sharpe inuectiue ; for all men , more or lesse , doe erre ; if wee beleeue either gods word , or our owne experience . some ignorance also is inauoidable , some excusable , some laudable , some tollerable , some culpable , and some inculpable ; as before it is shewed ; and being but a priuation , or negation , how commeth she to haue such poison , and soe contagious a breath , as here she is accused to haue , without any distinction at all ; seeing that in some degree she is also in angells , as hath bene sayd ; and may be in good and most learned men vpon earth , as holy iob testified of himself . si simplex fuero ( saith he ) hoc ipsum ignorabit anima mea . if i be simple , or innocent ( in the sight of god ) yet shall my soule be ignorante of this : to wit in this life . to which purpose the holy ghost saith in another place : nescit homo vtrum amore an odio dignus fit . a man knoweth not ( in this life ) wheather he be worthy of loue , or hatred before god. and againe : nescit homo suum finem . a man knoweth not his end . and none of these ignorances are reprehended . nay s. paul doth commend and counsell ignorāce to the romanes in many things , writing thus . i say vnto yow all by the grace of christ , which is giuen vnto mee , that yow goe aboute to know noe more , thē you ought to know , but that your knowledg be to sobriety . and this is catholike sober doctrine of science , & ignorance , whilest sectaries doe intemperatly bragg of knowledg , and obiect ignorance to others . . and surely i cannot but marueile , with what shew of reason , this knight attorney here now , as also another knight puritan not long agoe in his writinge should obiect so confidently ignorance to romane catholiks of these our dayes . for if we cast our eyes vpō any kinde of learning whatsoeuer , that may be handled by learned men , and skill showed therin , whether it be diuinity , or other science , the catholiks are ten for one in number in all preeminence before any one sect of our dayes , or all put togeather . looke ouer all sciences , & writers therof at this day , as of eloquence , skill of toungs , philosophy , mathematicke , histories , and the like ; number the authors , consider their substance , weigh their estimation , and see whether it be not so , or noe , euen in the opinion of all protestant students . . and as for theologie which is the principall subiect , wheras they handle only one , or two partes of positiue diuinity ; to witt controuersies , and the text of scripture , wee handle not only the same much more abundantly , as appeareth by our writers , both of controuersies , and commentaryes ; but doe handle two other partes also of much more importance , which is , scholasticall , appertaining to knowledg , & morall for direction of mens consciences in practise ; both which are wholy wanting in protestant schooles . . and this being soe as by the eye is euidently verified to him that will look vpon it , how inept and ridiculous is it , that euery sectary beginninge to write against vs , shall presently take his exordium from obiecting ignorance , wheras euery meane learned catholike man , by verdict of common sense and reason ( if no other proofs were ) must needs be presumed to haue more knowledg , then a hundered sectaryes togeather . for that hee following in his knowledg , and learninge ( touching all points of his faith ) the knowledg , learninge , wisdome , and authority of the vniuersall catholike church , consistinge of infinite , wise , and learned men , and directed by the highest wisdome of god himself ; he maketh all their wisdome , his wisdome , their knowledg , his knowledg , and their learning his learning , in this point of his saluation . wheras the sectary following his owne sense , and braine , ech one in his fancie , is alone as you see , and hath no true knowledge , learning , or wisdome at all , though he bragg neuer so much of speciall knowledge , and illumination , as before you haue heard , out of tertullian and irenaeus to haue been their auncient spirit , and will be to the worlds end . and this shall suffice to this point . now will m. attorney passe to another , of the commendation of truth ; as though that were with him , and his . and wee shall follow him , to examine that point also , as wee haue done this other about ignorance . the attorney . on the other side truth , cannot be supported , or defended by any thing , but by truth herselfe , and is of that constitution , and constancy , that she cannot , at any time , or in any part , or point , be disagreable to her self . she hateth all bumbasting , and sophistication , and bringeth with her certainty , vnity , simplicity , and peace at the last . putida salsamenta amant origanum , veritas pèr se placet , honesta per se decent , falsa fucis , turpia phaleris indigent . ignorance is so far from excusing , or extenuating the error of him , that had power to finde out the truth ( which necessarily he ought to know & wanted only will to seeke it ) as she will be a iust cause of his great punishment . quod scire debes , & non vis non pro ignorantia , sed pro contemptu habers debet . error , and falshood , are of that condition , as without any resistance they will in tyme of themselues fade and fall away . but such is the state of truth , that though many doe impugne her , yet will she of her self euer preuaile in the end , and flourish like the palme-tree : she may peraduenture by force , for a tyme be troden downe , but neuer by any meanes whatsoeuer can she be troden out . the catholike deuine . . none do more willinglie heare the commendation of truth then we , who say with s. paul. vvee can do nothing against truth , but for truth . and therfore do i willinglie ioyne with m. attorney in this point of praisinge truth . wee do mislike also , no lesse then he , all bumbasting , and sophistication : neither are we delighted with stinkinge salt-fish , that had need of orygon , to giue it a good sauour . wee allow in like manner of his other latin phrases , and do confesse , that truth herselfe may be troden downe for a tyme by force , but neuer troden out . but what is all this to the purpose we haue in hand of findinge out the truth in this our controuersie ? let vs suppose for the present , that both partes do like well of her ? but what meanes is giuen heere , or may be giuen , to discouer where she lyeth ? in all other controuersies lightly , our aduersaries , are wont to remit vs only to scriptures for tryall : which was an old tryck in like manner of their foresaid forernuners , as the auncient * fathers testify , for that , scriptures being subiect to more cauillation many times , both for the interpretation , and sense , then the controuersie it selfe , gaue them commodity to make their contentions immortall . . but the same fathers vrging them with a shorter way , asked them still . quid prius , quid posterius ? what was first , and what after ? for that heresie is nouelty , and commeth in after the catholike truth first planted . and for that euery hereticke pretendeth his heresie , to be ancient , and from the apostles , the said fathers do vrge further , that this truth of our religion , must not only be eldest , but must haue continued also from tyme to tyme , at least with the greater part of christians . quia proprium est hareticorum omnium ( saith old tertullian ) pauca aduersus pl●●a , & posteriora aduersus priora defendere . it is the property of all hereticks , and their peculiar spirit , to defend the lesser number , against the greater , and those things that are later , against the more auncient : which agreeth with another saying of tertullian . quod apud multos vnum inuenitur , non est erratum , sed traditum . that which is found one and the self-same with many ( to witt , the greater parte in the christian church ) is no error , but commeth downe by tradition . so hee . but s. augustine deliuereth another direction much conformable to this in sense , though different in words . consider ( saith he ) what is kath'holon . id est secundum totum , & non secundum partem . according to the whole , and not only to a part ; and this is the truth . and another of his tyme saith . teneamus quod ab omnibus creditum est , hoc enim verè catholicum . let vs hold that which hath byn beleeued by all : for this is truly catholike ; and consequently truth it self . and another father before them both . catholicum est , quod vbique vnum . that is catholike , & vndoubtedly trew , which euery where , is one and the same . and this both in tyme , place , and substance . these are the ancient fathers directions ; now let vs apply them to our present question , which is so much the easier to discusse : for that , albeit it comprehend some part of doctrine in controuersie , concerninge the right of temporall princes , to spirituall iurisdiction ; yet is it principally , and properly a question of fact , to witt , whether , by the ancient common laws of england , and practice of our princes , according to the same spiritual iurisdiction , they were exercised by them in former ages , by force and vertue of their imperiall crownes ; as queene elizabeth did , or might do , by the authority giuen her by an act of parlament , in the first yeare of her raigne , wherby she was made head , of the church , and supreme gouernesse , as well in all causes , ecclesiasticall , as temporall . in discussion wherof , if we wil vse the directions of the forsaid fathers , for cleere and infallible tryall , we shall easily find out where the truth lyeth ; which is the but , we ought to shoore at ; and not to contend in vayne : for that our assertion , quite contrary to that of m. atourneys , is . that if we consider the whole ranke , of our christian english kings , from the very first , that was conuerted to our christian faith , to witt , king ethelbert of kent , vnto the reigne of king henry the eight , for the space of more then nine hundered years , ( and king henry himself , for the greater and best part of his reigne ) did all , and euery one of them confesse , & acknowledg the spirituall power and iurisdiction of the sea of rome , and did neuer contradict the same , in any one substantiall point either by word , law , or deed : but did infinite wayes confirme the said authority , ech one , in their ages & reignes . and this is that kath'holon , or secundum totum which s. augustine requireth ; and vbique vnam , which the other fathers do mention ; which is a catholike proofe , in a catholike cause , and m. attorney must needs fly ad partem , to a parte only , to witt , to two or three later kings , of aboue halfe a hundered , that went before ; which is a schismaticall proofe as s. augustine sheweth , contra partem donati . against the parte of the heretick donatus . and before him opratus mileuitanus , and diuers other fathers , who alwayes call sectaries , a part ; for that they follow indeed but a part , and catholiks the whole ; and therof ( saith s. augustine ) their name is deriued . and thus much shall serue for our manner of proofe which wee meane to hold ; remittinge vs to the effect it self , when we shall come to ioyne issue afterward . let m. attorney vaunt in the meane tyme of the name only of truth , but without meanes or meaninge to try the same . the attorney . there is no subiect of this realme , but being truly instructed , by good , and plaine euidence , of his ancient and vndoubted patrimonie , and birth-right ( though , he hath for some tyme by ignorance , false persuasion , or vaine feare , byn deceiued , or dispossessed ) but wil consulte , with learned & faithful coūselours for the recouery of the same . the ancient and excellent laws of england , are the birth-right , and most ancient and best inheritaunce , that the subiects of this realme haue . for by them , he inioyeth not only his inheritaunce , and goods in peace and quietnes , but his life , and his most deere countrey in safty . and for that i feare , that many of my deare countreymen , ( and most of them of great capacity , and excellents parts ) for want of vnderstandinge of their owne euidence , do want the true knowledg , of their ancient birth-right , in some points of greatest importance : i haue in the beginning of this my first worke directed them to those , that will not only , faithfully counsell , and fully resolue them therin , ( such as cannot be daunted with any feare , moued by any affection , nor corrupted with any reward ) but also establish and settle them , in quiet , and lawfull possession . vpon iust grounds to rectifie an error in a mans owne minde , is a worke of cleere vnderstanding , & of a reformed will , and frequent with such , as be good men , & haue sober , and setled wits . the catholike deuine . it may please the reader , to consider , that of two propositions , which m. attorney vseth commonly to lay forth for the furnishing of his discourse ; the first called the maior , we haue hitherto admitted , denying the second , or minor , and ther-vpon , his whole cōclusion , for that he subsumeth not wel . as for example , in his first proposition in reprehension of ignorance , we agreed in such ignorance as is reprehensible , but his application therof to catholiks , i shewed to be false , and his meere imagination . and the like in the second encounter , about truth , i admitted his encomion , and prayse of truth , but disagreed in the manner of seeking out of the same , which he wholy omitted : and the same must i say in this third meeting of ours ; i do not contradict his maior proposition , that euery wise , and discreet subiect of the land , hauing been dispossessed of his ancient inheritance , and birth-right by ignorance , false persuasion , or vayne feare , will consult with learned , & faithful counselours , for recouery therof . all this ( i saie ) is graunted ; but the application therof to the municipal laws of england ( which is the assumpt , or minor proposition ) i cannot confesse , to be so wel and fitly made . let vs discusse a litle what the attorney writeth . the ancient , and excellent laws of england ( saith he ) are the birth-right and most ancient , and best inheritance that the subiects of this realme haue . much is said in this , and albeit i do not meane to deny , or draw backe any part of the iust commendation , due to our municipal laws ; yet this strange hyperbole , axaggeration , or ouerlashing of m. attorney , tending ( as after shal appeere ) to a false , and preiudicial conclusion , is worthy some stay theron . for , first i would aske him what great , and singular antiquity he findeth in our municipal laws , that so often he nameth them ancient , as though , they were eminent , and singular in that point of antiquitie aboue other laws ; wheras i , for my part , finde noe memory of any of them extant , before the conquest and no written statute law before the raigne of king henry the third , which was two hundred years after that againe , & with him doth iudge rastall also begin his collection of laws and statutes , from magna charta downwards : which was made in the . yeare of the said king , and of christ , one thowsand , two hundered & sixteene ; which is not yet ful foure hundred years gone . and yet did englishmen liue in england before the conquest , more then twyse as longe , vnder lawes , partly municipal , and partly imperiall ; to say nothing of the britaine 's before them againe : and consequently , i see not how we may bragge so much of antiquity in this point . . as for the excellency of our laws , i meane not to withdraw , any due commendation , as before i said , nor to stand heere to discusse , what commodities , and incommodities they haue , as al humane things that depend of the variable iudgment , and likinge of men ; yet cannot any indifferent , and disappassionat man , but remember that , which all our writers do commonly note , that they were brought in principally by conquest , and a conquerour , and such a one as intended to bridle the english by that meanes , and to bring them vnder by those lawes ; and what misery , calamity and exceeding thraldome , our afflicted nation passed in those dayes , vnder those lawes , and the insolent dominion of the normans ; let any man read ingulphus , that liued in those dayes , and other english historiographers that ensued soone after , as malmesbury , huntington , houeden , and the like , and then will he pitty their case that first liued vnder them . . it is euident likewise by all testimony of our old histories , how frequent , and earnest reclaime was made by the people , and nobility to diuerse kings after the conquest , against these newer laws , for the restoring of such , as were in vse before the said conquest , especially those of king edgar and s. edward the confessor , about which point oftentymes , there were no small tumults made , and yet now by vse , and tract of tyme , the mislike being asswaged , and wee taught to be still , yea and to kisse the rodde , wherwith then we were beaten ; m. attorney , now will needes haue vs , adore the same , and esteeme them not only for ancient , but excellent lawes also , wherin i meane not to loose tyme in stryuing with him , for that i do hasten to a more important conclusion . . further then , he not being contented with these two most honorable epithetons and euloges of antiquitie and excellency , passeth on to another superlatiue degree , saying , that they are not only the vndoubted patrimony , and birth-right , but also the most ancient and best inheritance , which the subiects of this realme haue ; wherof hee yeldeth this reason , for that by them , they enioy , their life , liuings , and countrey in peace and saftie : which if it be so , then what inheritance had old english-men , for so many hundred yeares , before these lawes were made ? what riches , or inheritance haue those men by them in our dayes , which are borne , without landes or liuings ? will this patrimony of the law , make them rich ? m. attorney , and diuers of his fellowes , haue had a good patrimony , and inheritaunce by them : but this is not euery mans case . . i confesse that the lawes of euery countrey , are a certeyne birth-right of all subiects that are borne therin ; and if they bee good and equall , it is a publike benefit , but much more if they be well executed , by a iust prince , which importeth more than writen lavves . for that he , as m. attorney confesseth , is the soule of the law , that giueth life , who also without writen lawes , either municipall , or imperiall , may administer iustice , by law of nature and nations , if he will. what speciall , or singular commodity then , is here shewed to issue out of the municipall lawes of england aboue others , that they should be called our ancient , & best inheritance ? yea , as he addeth after , in matters of greatest importance , meaning therby our soule , & saluation . is not this an ouerlashing ? is not this an egregious hyperbole ? do not subiects in scotland , france , italy , spaine , and other places , enioy their goods in peace and quietnes , and their liues , and deare countreyes in safty , as wel by their lawes imperial , as we do , by our municipall yes ; and much more , if we will beleeue them , and their learnedest , & this vpon some attent consideration of euents , which dayly they heare , and reade , of many men both great , and small , to haue bin ouerthrowne , and condemned in our countrey , both in liues , & liuinges , which they thinke by their imperiall lawes were impossible . and one only circumstance of english tryall in life , and death ( to omit the rest ) doth leaue them astonished , to witt , that be he neuer so great a man , yet for his life , and landes honour , & posterity , he may not haue that allowed him , which in an action of fiue poundes renr , or lesse , he should obteyne ; which is a learned lawyer , or aduocate to speake for him at the barre ; but that all the princes officers , and learned counsell , shall plead against him , exaggerating matters to the vttermost ; and he only suffered to speake for himself , and that in measure , who for lack of skill , or memory , or tyme to consider , or boldnes to speake , or talent to vtter well his meaninge , may there betray , and ouerthrow both himself , & his whole posterity in his owne defence . . and finally , the last vpshot being of that dreadfull action , to commit the matter to a iury of vnlearned men , that must giue their verdicts openly ; and by consequence , vpon the same causes before mentioned of error , feare , hope , or other passion ( the prince being alwayes on part interessed ) may easily be led finistrously to the prisoners condemnation . all which inconueniences , being carefully prouided for , by course of other lawes do make forreine learned men to thinke , that ours are more defectiue , than we persuade our selues , and that it may easily be beleeued , that they were made indeed by a conquerour . and i could haue byn glad , that m. attorney in this place , had alleaged , some singular thing in their extraordinary commendation , for that the enioying of our goods , liues , lands , and contrey by them ( which he mencioneth ) are very ordinary , and vulgar commendations , and common to all lawes in generall , that euer were made , by reasonable men . and yet , do we not deny , but that our english lawes , for the whole corpes , and dryft therof , are very commendable ; especially where the spirit , and meaninge of the first founders is obserued by the followers : yet want there not , by graue mens iudgments , many considerable points that might be better rectified ; and namely concerning the imperious , and dominant maner of proceeding of many lawyers , and their exorbitant gaines , which yet perhaps m. attorney will place among the cheife commendations of our said common lawes . . in the other point also of remitting men for the knowledg of their euidence , & ancient birth-right in some pointes of greatest importance to faithful counseloures , that will resolue them fully without feare , affection , or corruption , if he meane by these counseloures , as he doth , those iudges and sages of the common-law , from whom he hath taken these peeces , against ecclesiasticall iurisdiction ; which after he hath set downe , i must needs saie , that it is litle to the purpose . for albeit , now they be dead , he may well saie ( as he doth ) that they cannot be daunted with any feare , moued by any affection , or corrupted with any reward ; yet when they were aliue , & gaue their resolutions , ( which he saith they did ) it is hardly credible that they were soe deuoide of those passions , as he would make them , they being no saintes , but wordlie men that sought their aduauncement vnder their princes , by pleasing their humours ; as lawyers of our tymes do ; wherof i could alleadg many examples , and some perhaps we may touch after in their due places . now it shal be sufficient to remember that in diuerse kings daies , after the conquest , the cheife cōplaints of the people , were against their cheife iusticers , ( would god wee had not the like cause now ) who in those times most gouerned the state , or abused rather the same , as the examples of hubert de borgo , and robert tresilian , cheif iustices vnder k. henry the third and richard the second , and both of then punished publiklie for their wickednes , doe testifie . and in the begining of k. edward the third his raigne , i read of a complaint made by the king , and the whole parliament , that his father , k. edward . had byn induced by euil counsellours ( which in that case may iustlie be presumed to haue byn his iudges , and lawyers ) to sease into his hands the temporaltie of diuerse bishopricks , &c. which , for the time to come , he promised not to doe . and finallie after that againe , when the contention , and controuersie , between the two potent houses , of lancaster , and yorke began , and endured for almost . years , i find few iudges , or great sages of the common-law , to haue lost their liues therin , for anie side , or partie , as manie dukes , earls , barons , knights , yea , and some bishops also , & religious did . which is a signe that those sages were to wise to oppose themselues , to anie sorte of princes whatsoeuer , but could accommodate themselues to all and draw the birth-right of laws to the establishing of any kings right , that by his sword could get the possession . . but to prosequute these matters no further in this place , i am only to adde for conclusion of all , that the true ancien● birth-right , aud best inheritance of english subiects indeed , i● their right to catholique religion , which was first planted amonge them , from the sea of rome , by the singular zeale of holy pope gregory the first , a thousand years gone , and continued without interruption to our dayes , as afterwards shall be shewed , and that for seeking out and cleering the euidence of this right , they ought to be diligent , and to spare no labour , paine , or industrie ; for that therof dependeth their eternall saluation , or damnation , which doth not of the knowledge , or not knowledg of the common law , and that for certifyinge themselues in this point , they ought to repaire to faithful counsellers indeed , who are the ancient fathers , and writers of gods church in euery age ; who being not only wise , and learned , but holy also , may securely be presumed to deliuer the truth in this controuersie , which was not raised vp in their dayes , and consequently could not be passionate therin , nor daunted with feare , moued by affection , or corrupted with rewarde , as later lawyers and sages might be , that gaue sentence in matters which concerned their interest , fauour , or disfauour of present princes ; and ( would god ) m. attorney himselfe would in this point follow the direction of his poesie out of macrobius de veterum lectione ; of reading the ancient fathers , and old incorrupt writers diligently to this effect : for i doubt not , but that so good a witt , as his is , would quickly discerne the truth , if preiudice or passion , vpon interest or disinterest , do not depriue him of that happines . for albeit our sauiour hath a dreadful sentence , that it is as hard for a rich man to enter into heauen , as a camel to go through a needels eye ; yet doth he say also in ●he same place , that what is vnpossible to man , is possible with god , which may iustly deliuer rich men from desperation , though not from due feare . and so much of this . now shal we see , what m. attorney saith more . the attorney . the end of such as write , concerning any matter , which by some for want of instruction is called into controuersie ; should be with all the candor , and charity , that can be vsed , to perswade , & resolue by demonstratiue proofes , the diligent reader in the truth : but now a dayes those that write of such matter , do for the most part , by their bitter and vncharitable inuectiues , transported with passion and fury , either beget new controuersies , or do as much as in them lyeth to make the former immortall . certaine it is that some books of that argument , haue had truth for their center , yet because they haue wanted temperance , modesty , and vrbanity for their circumference , haue , to the great preiudice of the truth , hardned the aduersaries in their errors , and by their bitter inuectiues , whetted them not only to defend themselues , and to offend in the like , but many times ( being therby vrged to write ) to defend the error it self to the hurt of many ; which otherwise might haue vanished away , without any contradiction . the catholike deuine . . this candor and charitye , which m. attorney wisheth in al writers of controuersyes is laudable , and fully agreeing also to our desires , that be catholicks ; and it falleth out wel , that some grauer men of the protestant partie do shew at length by publicke testimony , their mislike of such bitter , and vncharitable inuectiues , which their ministers , that should be guides of modestie to others ( being transported with passion , and fury to vse m. attorneys words ) do exercise , and therby they do beget nevv controuersies , and make the former immortall . all this we graunt , and do much allow , & commend m. attorneys vrbanity therin , and could easily also gesse , at the persons , whome principallie he meaneth , who haue by their beastly late libels so defiled as it were , the very art , and profession of writing books , through base , exorb●tant , and shameles scurrility , as men disdayne to reade them any more , holding both them , and their authors in most odious contempt . . and yet in one thing i cannot agree with m. attorney in this point , when he saieth that these bitter inuectiues of theirs haue whetted their aduersaries to defend themselues , which otherwise they would not haue done : for i holde the contrary to be true , which is , that their brutish veine of intemperate , and shamles writinge , hath freed them from all reioynder of any modest or ciuill aduersary ; wheras on the other side m. attorney is answered as you see , for that his temperance , modestie , and vrbanity in the circumference of his center , deserueth the same , though his said center haue not that truth in it , which were to be wished , answerable to those other good commendations of his . and this wil ly vpon vs to proue in the prosecution of this whole answere . now let vs passe to the rest of his preface . the attorney . hee that against his cōscience , doth impugne a knowne truthe , doth it either in respect of himself , or of others ; of himself , in that he hath within him a discontented hart ; of others , whome for certaine worldly respects he seeketh to please . discontented he is , either because he hath not attained vnto his ambitious , and vniust desires ; or for that , in the eye of the state , he for his vices , or wickednes , hath iustly deserued punishment , and disgrace : and therfore doth oppose himself against the current of the present , to please others , in respect that his creditt , or maintenance dependeth vpon their fauour and beneuolence . i know that at this day , al kingdomes , and states are gouerned by lawes , and that the particular , & approued custome of euery nation , is the most vsual binding , and assured law . i deale only , with the municipal lawes of england , which i professe , and wherof i haue byn a student aboue these . years . my only end , and desire is , that such as are desirous to see and know , ( as who will not desire to see , and know his owne ? ) may be instructed ; such as haue byn taught amisse ( euery man beleeuing , as he hath byn taught ) may see , and satisfy himself with the truth ; and such as know and holde the truth ( by hauing so ready , and easie a way to the fountaines themselus ) may be comforted , and comfirmed . farewell . multa ignoramus quae non laterent , si veterum lectio nobis esset familiaris . macrob. . satur. the catholicke deuine . . albeit this last part of m. attorneys preface , be somwhat close , and darke ; yet it is not hard ( these circumstances considered ) to leuell at his meaning , which is that catholike men , that write of controuersies in this time , do write against their consciences , vpon discontentment , which he presupposing without proofe ( wheras principally he should haue proued this ) he passeth on to tell vs , why they doe it , in respect of themselues , or others , and vpon what grounds , their discontentments arise , which by m. attorneys leaue , is altogeather impertinent , both for that he leaueth vnproued , that which especiallie he should haue proued , and that which he endeuoureth to proue , is wholie from our purpose and hath no coherence with our cause at al. . for first we deny that catholiks doe write against their consciences to impugne a knowne truth , for this they holde to be a most hainous , and damnable sinne , and one of the six that are against the holy ghost , and very peculiar to heretiks , as appeareth by those words of s. paul before recyted , where he writeth in respect of this pertinacy in defending their owne heresies , and proper elections against their consciences , that heretiks are damned by their owne iudgements , * and so doe the ancient fathers with great consent ascribe vnto heretiks this speciall sinne amonge others of impugnatio veritatis cognitae , impugning the knowe truth for willfull defence of their owne fantasies , which is properlie termed by t●em pertinacia or peruicacia haeretica , hereticall pertinacy . but now for english catholiks at this day , what reason haue they to sinne so damnably , as to write against their owne consciences , seeing that by following their consciences , they might follow also their commodities ? w●at new opinions haue they inuented of their owne , or taken vpon them to follow inuented by others ; for which they should be drawne to write against the knowne tru●h● that is to saie ( as all fathers do expounde it ) the catholike truth . for that is knowne , receiued , and acknowledged , and hath byn from time , to time , throughout christendome ; wheras new opinions , are not knowne truthes , but presumed truthes by a few , in some particuler place , or countrey , and for some certaine time past , and not publiklie continued from the beginning . . as for example in the present controuersie ( to pretermit all others ) english catholiks saie , that they approue noe other ecclesiastical power , than that which all the kings of england from the first that was conuerted vnto king henry the eight togeather with their counsellours , lawyers , and sages , both spirituall , and temporall , haue allowed , receiued , practised , and confirmed by their owne municipal lawes . m attorney on the other side holdeth the contrary , and bringeth only for his direct proofe , the constitutio●s of two or three late princes , q. elizabeth a woman k. edward a child , and some parte of king henries raigne , distracted from the rest , and deuided also from himselfe in all other points of rel●gion besides ecclesiasticall iurisdiction ; but for indirect proose , he cyteth certaine peeces , and parcells of ordinances , lawes , and decrees of some former catholike princes , which seeme to restraine , or suspend in some particular cases , the execution of the said ecclesiasticall iurisdiction in matters not meerly spirituall , but mixt with temporalities as to them it seemed , and not denying therby any parte of the spirituall power it self , as after shall be shewed . . now then wheras he alleadgeth three princes decrees against the popes authoritie interrupted by a fourth , ( for that queene marie annulled the two that went before her , and ioyned fully with her auncient progenitors ) wee one the contrary side , for these three interrupted , doe produce neere threescore by descent without interruption , and for threescore yeares more , or lesse , wherin they made these lawes , wee alleadge more , then three times three hundered , and for a part or parcell of t●e sages of our land , which in these later dayes , vpon art , feare , or industrious induction were drawne to consent vnto these new lawes , against the old , with vtter mislike of the sar greate●t part ; wee ●ay forth the whole vniforme consent of all sortes , beginning with the first very planting of christian religion in our countrey , & continued for more than nine hundr●d years togeather : so as we alleadg both antiquitie , prioritie , vniuersalitie , continuance , and succession , without interruption ; which are all the markes of catholike verity , and consequently when we write for defence of this , in euery controuersie of our dayes , how can the attorney saie , or pretend to imagine , that we write against our consciences , and the knowne truth . . and as for the imaginarie causes of discontentment , which he deuiseth ; either for that men haue not atteined vnto their ambitious , and vniust desires , or for that , in the eye of the state , their vices , and wickednes haue deserued punishment , and disgrace ; and therfore doe oppose themselues , against the current of the present . these speculations , i saie , cannot fal any way vpon english catholiks , not doe subsist of themselues . not the later , for that they are knowne to be temperate men , & so will the countrey commonlie , where they liue , beare them wittnes , and the experience of their singuler patience vnder the pressures of the late queene doth manifestly testifie the same . not the first , for that if conscience did not retaine them , they might gaine more , and more aduaunce their ambitious desires ( if they haue any ) by following the current of the time with m. attorney and others , than by standing against it , to suffer themselues to be ouerflowne therwith . and it is a great presumption in all reason , that he hath a good conscience who standeth thervnto with his losse , that might run downe the hill with the current , to his gaine , and preferment . for that this later is easie , and vulgar , and common to the worst men , as well as to good : the other is hard , and rare , and needeth gr●at vertue , and fortitude of mind , wherof i may chaunce to haue occasion to speake more largely afterward at the end of this booke in a speciall chapter to m. attorney himselfe ( when our principall controuersie shal be tryed ) shewing what vrgent , forcible , and peremptorie reasons catholike men haue , though with neuer so great losse temporall , to stand for the defence of their consciences & not to runne downe the current with him and others , that swymme with full sayle therin . and so much of this . . some other few pointes of litle importance , doe remaine in this passage of m. attorneys preface , which might be touched , and examined ; as where he saith , that the particular , and approued custome of euery nation is the most vsuall binding , and assured law ; and for more authoritie of this asseueration , as also of whatsoeuer he saith besides , or pretendeth to say , out of our lawes in his ensuing treatise : he addeth that he hath byn a student therof for these . yeares : but i could bring forth lawyers of no lesse standinge , and study , ( though perhaps with lesse gaine ) that would contradict him , in both these points . first , that custome is not allwayes the most vsuall binding law , either in conscience , or otherwise ; & with these would run , all the ministers of englaud , in the case of catholike , and protestant religion , wherin custome by their owne confession is against them . and in the second point concerning the peeces , & parcelles heere alleadged , out of our common-lawes , against the ecclesiasticall iurisdiction , as m. attorney would haue it seeme ; these men would alleadge , twenty for one , not shredes or liberts of lawes , but intyre lawes themselues ; authorizinge and confirminge , with full vniformity and vniuersality of our english nations consente , the said iurisdiction , from time to time , and the vse and practise therof . but of this afterward . . now to conclude with m. attorney in this his preface , if his end , and desire be , as he saith , that such , as are desirous to se , & to know , may be instructed , and such as haue byn taught amisse , may se , and satisfie themselues with the truth , and such as know , and hold the truth , may be comforted , and confirmed , i shall gladlie ioyne with him in this end , and desire ; p●aying almightie god , that himself also and many more with him , may bee in the first two members , for that in the third , none can be , but true catholiks . and this shall suffice for this place . for as for the latin sentence out of macrobius , that our ignorance in many things proceedeth of that we reade not diligently the work of ancient authors , i haue touched in parte before , and doe allow of the sense now againe , though more fitlie the same might haue byn shewed out of many christian authors of more authoritie , that this heathen . yet let m. attorney ioyne issue with me vpon antiquitie , in this our controuersie ( which he ought to doe ) as well in regard of this sentence , as also for that euery where he iterateth the name , and sound of the ancient , and most ancient common-lawes of england ; and then will the matter be quicklie decided , as the proofe will afterward declare : whervnto i remit me , and doe end my answere to m. attorneys preface , returning him his freindlie farewell , as also to the reader . of the state of the qvestion in generall , concerning spirituall , and temporall povver , and iurisdiction ; their origen , and subordination one to the other : and how they stand togeather in a christian common-wealth . chap. ii. to the end , that the prosecution , and issue of the particular controuersie we haue in hand , about the spirituall authoritie of q. elizabeth , may be more cleere ; it shall not be a misse perhapes , in this very beginning , to set downe breiflie , what catholike deuines , and other learned men , doe write and holde of power , and iurisdiction in generall , and of the origen , ofspring , author , diuision , and partes therof ; wherin m. attorney is wholie silent , vsing no explication , or distinction at all , and consequently giueth occasion therby to some confusion . . first then our deuines affirme that almighty god is author of all lawfull power whatsoeuer , both spirituall , and temporall according to that generall proposition of s. paul , non est potestas nisi à deo. there is no power but from god. for that , as it pleased his diuine maiestie , to imparte with man other sparkes of his excellencyes , as wisdome , reason , knowledge , prouidence , and the like ; so vouchsafed he also to make man partaker of his power , and authoritie not only to gouerne all other creatures of his in the worlde , but mankynde also , and this both in body and soule , temporall , and eternall things vnder him in this world , as his liestennant and substitute . . the differences which are betweene these two powers , & iurisdictions , spirituall , and temporall ecclesiasticall , and ciuill ; are diuers and sundry , taken from the diuersitie of their ends & obiect ; the end of spirituall power being to direct vs , to euerlasting saluation , both by instruction , discipline , and correction ; and of the temporall or ciuill , by like meanes , and helps , to gouerne well t●e common-wealth , in peace , aboundance , order , iustice , and prosperitie . and accordinge to these ends , are also their obiects , matter , and meanes . as for example , the former hath for her obiect spirituall things belonginge to the soule , as matters of faith , doctrine , sacraments , and such other ; and thy latter handleth the ciuill affaires of the realme , and common-wealth , as they appertaine to the temporall good , and prosperitie thereof . . the ancient learned father s. gregorie nazianzen in a certaine oration of his , doth expresse , the nature , and conditions of these two powers ; spirituall and temporall . ecclesiasticall , and ciuill , by the similitude of spirit and flesh , soule , and sense ; which he saith , may be considered , either as two distinct common-wealths , seperated the one from the other ; or conioyned togeather in one common-wealth only . an example of the former , wherin they are seperated , may be in beasts , & angells ; the one hauing their common-wealth of sense onlie , without soule or spirit , and their end and obiects conforme thervnto , which are the nourishment , and preseruation of the body . and the other common wealth of angells , being of spirit only , without flesh or body ; but in man are conioyned , both the one , and the other . and euen so in the common wealth of the gentiles , was onlie authoritie politicall , earthlie , and humane , giuen by god to gouerne worldlie and humaine things , but not spirituall for the soule ; wheras contrarywise in the primitiue christian church , for almost . yeare togeather , none or few kings being yet conuerted , onlie spiritual authoritie was exercised by the apostle and christians bishopps , their successours for gouerninge the church in ecclesiasticall affaires without temporall , accordinge to the saying of s. paul in the acts of the apostles speaking to bishops . vos posuit spiritus sanctus episcopos regere ecclesiam dei. the holy-ghost hath appointed you , that are bishops to gouerne his church . . and this spirituall iurisdiction in respect of the high end , and obiect therof , aboue the temporall , did the same apostles by instructiō of the same holie ghost , so highlie esteeme , as the same s. paul writinge to the corinthians , and reprehendinge them for going to law about temporall things , before the heathen magistrate , said , that in secular matters , they should appoint for iudges , such as were contemptible in the church , that is to say , men of meane account , which was spoken by him , not for that he contemned temporall power , as the heretical anabaptists out of this place would proue , ( for so he should be contrarie to himselfe , who a litle before , as you haue heard , auowed , that all power is from god , and in other places , that the king , and temporall magistrate , is to be honoured , and obeyed , as gods minister , and the like ) but onlie , he saith this in comparison , the one of the other , and of their ends , and obiects , so different in dignitie , & worthines , as you haue heard . and this continued in the primitiue church , ( to witt , spirituall iurisdiction , without temporall ) vntill constantine the great ; and other emperours and kings after him , being conuerted to the christian faith , entred into the said church , retaininge their temporall states , and temporall power , which before they had , but submitting themselues in spirituall , and ecclesiasticall matters , vnto the spirituall gouernment and gouernours , which they found to haue been in the same church before their conuersion . . furthermore besides these differences , of the end , and obiects of these two powers , the forsaid deuines doe shew another no lesse considerable then the former , which is , that albeit , both of them be of god , and doe proceed from him ; as the author , & origen , as hath been said ; yet far differentlie : for that ecclesiasticall authoritie , is immediatlie from god , and was giuen by christ immediatlie to his apostles , and bishops , as before you haue heard , out of s. paul , who addeth in the same place , that christ gaue them this spirituall iurisdiction ouer that church quam acqui fiuit sanguine suo , which he had bought and purchased with his bloud , to make them and others , in respect of this dreadfull circumstance , to esteeme and respect the more this spirituall iurisdiction ouer soules : which iurisdiction christ also himself , god and man , did exercise in person vpon earth , wholie seperated from the vse of all temporall iurisdiction , notwithstanding he was lord of all , as the same deuines out of the ghospell doe proue . s●ewing therby and by the long continuance of his church , without the said temporall authoritie , that spirituall iurisdiction is wholy independent therof , and vtterlie distinct by her owne nature . . and albeit ciuill power and iurisdiction be of gods institution also , and duelie to be honoured in his church and christian common wealth , as before wee haue shewed ; yet doe they teach the same to be far otherwise deriued , and receiued from god , then is spirituall power , that is to saie , not immediatlie by gods owne deliuerie therof , but mediatlie rather , to witt by meditation of the law of nature , and nations . for by the law of nature , god ●ath ordeined that there should be politicall gouernment , for that otherwise no multitude could be preserued , which the law of nations assuming , hath transferred that gouernment vnto one , or more , according to the particular formes therof , as monarchie , aristocracy or democracy or mixt : wherin is to be noted , that the ordination of god by the law of nature , doth giue politicall power vnto the multitude immediately , and by them mediately to one , or more , as hath been said . but spirituall power christ gaue immediatly , and by himself , to the apostles , and their successors , by these words , whatsoeuer you shall bind vpon earth ; the same s●all be bound in heauen . and whatsoeuer you shall loose one earth , shall be loosed in heauen . wherby you se a generall large commission , graunted to them of binding , & loosing ; quaecunque , whatsoeuer , without exception . and the like to s. peter , as head and chiefe , by speciall power and commission of those words . pasce oues meas , pasce agnos meos . feed my sheep , feed my lambs , thryse repeated : signifying therby the preheminence , and primacy of his pastorall authoritie in gods church , as the auncient fathers haue allwayes vnderstood the same . for that to the office of supreame feedinge , is required also all other authoritie necessarie to gouerne , direct , commaund , restraine , and punish in like manner , when need requireth . . about which point , is to be obserued and considered attent●uelie ( say catholike deuines , and most learned lawyers ) that when god almightie giueth any office ; he giueth also sufficient power , and authoritie , euery way to execute that office , as when he giueth the office of a king , or temporal magistrate , for good of the common-wealth , he giueth authoritie therwith , not onlie to direct , command , and instruct ; but to punish , and compell also , yea , and to extirpate , and cut of those ( when need is ) that are rebellions , or otherwise deserue that punishment . and the like is to be obserued in spirituall power , and iurisdiction , according to which the ciuil law saith . cui iurisdictio data est , ea quoque concessa esse intelliguntur , sine quibus iurisdictio expleri non potuit : to whosoeuer iurisdiction is giuen , to him also must we vnderstand to be graunted all those thinges , without which his iurisdiction cannot be fulfilled . and the canon law to the same effect . iurisdictio , nullius videretur esse momenti , si coërcionem aliquam non haberet : iurisdiction would seeme to be of no moment , if it had not some power to compell . and finally it is a general rule giuen in the said canon law ; that when anie cause is committed to anie man , he is vnderstood to receiue also ful authoritie , in al matters belonging to that cause . . out of all which , is deduced , that for so much , as christ our sauiour , god , and man , hauing purchased to him felfe , by the price of his owne blood , a most deerlie beloued church , and committed the same as s. paul saith to be gouerned by his apostles , and bishops their successours , vnto the worlds end ; it must needs follow , that he hath indowed the same church with sufficient spirituall authoritie , both directiue , and coactiue , to that end , for gouerning our soules , no lesse than he hath done the temporal cōmonwealth for affaires of the body . nay much more , by how much greater the importance is of the one , than of the other , as before hath been said . . if you aske me yet more particularlie , where and how , by what commission , and to whom , christ our sauiour left this high spiritual power in his church : what it is , and wherin it consisteth ? i answere first to the last , that it consisteth ( as often hath been said ) in guiding our soules in this world , to euerlasting saluation in the next : which thinge , for that principallie it dependeth of this , that we auoide sinnes in this life ; or if we committ them , that they be pardoned vs , or corrected by this power ; christ our sauiour , doth most aptlie giue and describe the same power , by the words of binding , or loosing sinnes . and therefore , in the foresaid place alleadged , out of s. matthew his ghospel , he giueth the said commission , as you haue heard . vvhatsoeuer you shal binde , or loose vpon earth , shal be bound or loosed in heauen . wherby the church of god , hath allwaies vnderstood , full authoritie of iudicature , to haue been giuen to the apostles , and their successors , to discerne , iudge , binde or loose in all things belonging to this end of directing soules . . truth it is , that diuers learned deuines , are of opinion , that in these places , christ did but promise to his apostles to giue them this high iudiciall authoritie in his church , when by his death , and resurrection , it should be founded . and that the actuall performance of this promise was made vnto them in the . if s. iohns ghospell , where christ said vnto them . sicut misit me pater , & ego mitto vos . as my father sent me so i doe send you ; and then presentlie breathing vpon then he addeth . receiue the holie-ghost : whose sinnes you shall forgiue , they are forgiuen vnto them , and whose you shal retaine , they are retained . where we se , that christ speaketh now in the present tense , they are forgiuen , and they are retained : and not in the future , as before in the place of s. matthew his ghospell . and we must note that those words of our sauiour ( as my father sent mee , so i doe send you . ) are vnderstood by auncient doctors , of authoritie , as though he had said , that with the same power , & authoritie , that my father sent mee into this world , to gather , & gouerne my church , i doe also send you ; that is to saie , withall spirituall power , necessarie to your office , and charge , both on earth , and in heanen . and therfore he saith in s. matthew his ghospell : that whatsoeuer they shall binde , or loose vpon earth , ( which are the acts of high iudges ) shall be loosed or bound in heauen . . and to s. peter in like manner , as cheif of the rest , the promise of his supreame , and singular power ( besides the other , which out of the former general commission , he receiued with the rest of the apostles ) was made vnto him , first in s. matthews ghospell , when christ said , thou art peter , ( which signifieth a stone , or rocke ) and vpon this rock will i build my church , and will giue vnto thee the keies of the kingdome of heauen . &c. which he perfourmed afterward , in the . chapter of s. iohn : after his resurrection , when asking him three times of his loue towards him , he as manie times gaue him cōmission of high-pastor ouer his flocke . pasce oues meas , pasce agnos meos . &c. . this spirituall and ecclesiasticall power then which christ hath left for gouerning his church , though it be to be exercised heere vpon earth , and by men ; yet is it iustlie called by holie fathers , not humane power , but diuine , and heauenlie , both for that , it was giuen immediatelie , and exercised also by christ himself , that came from heauen , and for that it tendeth to heauen , and is approued in heauen ; yea to vse the phrase of s. chrisostome , and other fathers , directeth and commaundeth the verie tribunall of heauen ; which heauenlie power on earth , s. paul , as an apostle extraordinary , hauing extraordinarilie also receiued , not by man , but by iesus christ as himself doth signifie , did so much glorie of , as he wrote to the corinthians . if i should glorie some what of our power , which christ hath giuen vs to edification , and not to destruction i would not blush at it . and a litle before in the same chapter , he saith . nam arma militiae nostrae non carnalia sunt , sed potentia deo. &c. for the armour of our warrfare , are not carnall or wordlie armes , but are power from god. in promptu habentes , vlcisci omnem inobedientiam . &c. hauing speedy means to reuenge all inobedience . and yet further to the said corinthians within two chapters after . quoniam si venero iterum , non parcam . if i come vnto you againe , i will not spare to punish . and a little after in the same place . ideo absens scribo , vt non durius agam , secundum potestatem , quam dominus dedit mihi . i doe write vnto you absent , to the end that when i shall come , and be present with you , i be not forced to deale more roughly according to the power , which our lord hath giuen me . . beholde the dreadfull spirituall power , which s. paul affirmeth to be giuen to him by christ , as well to punish , as to instruct and direct : and according to this power , he writeth againe to the said corinthians . quid vultis ? in virga veniam ad vos , an in charitate & spiritu mansuetudinis ? what will you haue mee doe ; shall i come vnto you in the power of the rodd , or in loue , and spirit of mildnes ? as who would saie , choose which you will. and note that heer the power of correction giuen to the apostles , & their successours , is called the rodd in respect of strikinge , as before in the words of christ , it was called the key of the kingdome of heauen , and the power , of binding , and loosing sinnes , in regard of the dreadfull shutting or opening heauen , or hell gates vnto vs. and accordinge to this power s. paul afterward exercised iudgment , & gaue sentence in a certaine grieuous case of incest among the said corinthians in these words . ego autem absens corpore , praesens autem spiritu iam iudicani , vt praesens , eum qui sic operatus est . i though absent in body yet present with you in spirit , haue giuen iudgment vpon him that hath committed this sinne , as though i were present in body . and the same apostle writinge to his scholler timothie doth tell of another sentence , and iudgment pronounced by him , vpon hymenaeus and alexander two seditions and hereticall men ; quos tradidi sathanae . ( saith he ) whome i haue deliuered ouer to sathan : which is as much to saie , as i haue excommunicated , & cut them of from the church of god , wherby they come to be no more in the protection of christ , but in the power , and protection of sathan . . and the like spirituall iudgment was exercised by s. peter , vpon simon magus when he said vnto him , non est tibi pars , neque sors in sermone isto . thou hast no parte nor participation with vs in this word of god which we preach . by which words of s. peter , the . canon of the apostles doth affime , simon magus to haue bene excommunicated and cut of from the number of christians and from all spirituall benefit belonging thervnto . which ( if we beleue s. augustine ) was a more greiuous and dreadfull punishment , than if he had been sentenced , to be burned vvith fire , drowned vvith vvater , or pearced through vvith a temporall sworde . in consideration wherof , holie s. chrysostome cryed out in his time . nemo contemnat vinculae ecclesiastica , non enim homo est qui ligat , sed christus qui nobis hant potestatem dedit . oh let no man contemne the chaines , which ecclesiasticall power laieth vpon him , ( in bindinge , or loosinge his sinnes ) for it is not man that bindeth , but christ which hath giuen vnto vs ( that are gouernours of his church ) this power . and s. augustine againe . alligatur bomo amarius , & infaelicius ecclesia clauibus , quam quibuslibet grauissimis , & durissimis ferreis , vel adamantini● nexibus . a man is bound more bitterlie , & miserably by the keyes of the church , than by any most greiuous sharpe iron , or adamāt bounds . wherof the holy martyr and bishop s. cyprian gaue the reason , before them both , sayinge : that in the old law , vvhich vvas carnall , god gaue cōmaundement , that such as were rebellious to their priests , and iudges , should be slaine vvith the sword : but now in the lavv of christ that is spirituall , proude and disobedient men , are commaunded to be slaine eternallie vvith the spirituall svvord , vvhich is , their castinge out from the church out of vvhich they cannot haue life . . this then is the spirituall , and ecclesiasticall dreadfull power , which christ hath planted in his church , by his owne immediate commission for gouerninge the same , in the affaires of our soules , vnto the worlds end . and heere we may note also , that the same is double , or of two sortes : the one internall , concerning mans conscience onlie by loosinge or bindinge sinnes , by means of sacraments . the other is external iurisdiction , in hearing , iudging , and determining causes in publicke affaires , that doe fall out in the church , tending to the same end ; and this distinction is founded in the words of christ himself , as well for binding and loosing of sinnes in respect of our conscience , as also in that he addeth ; si ecclesiam non audierit , sit tibi tanquam ethnicus , & publicanus . if he heare not the church , let him be to thee , as a heathen , or publican ; that is to say , ( as holy fathers expound ) let him be excomunicated & cast out from the church , and then fled and auoided , as one seperated , by the authoritie of the said church , from all communion and fruite of christian religion , as much as if he were an infidell or publican . which meaning of our sauiour , s. paul well vnderstandinge , said of like men , auferte malum ex vobisipsis . take away and seperate the euill from among your selues : which words s. augustine expoundinge , saith to be as much as if he had said . hominem malum , & pernicipsum à vobis seperate per excommunicationem ; doe you seperate from your selues an euill and pernicious man , by excommunication ; which is an act of externall iurisdiction , called by canon lawyers actus sori contentiosi . as to absolue , or retaine sinnes in the sacrament , are acts of internall iurisdiction , appertaininge to sorum conscientiae , the tribunall of conscience . . so that as the temporall magistrate for furnishinge of his authoritie , hath power also to punish temporallie when occasion is offered , and this either in goods , body , or life ; so haue spirituall magistrates , also by christ his appointment , ecclesiasticall power , not onlie to teach , exhorte , instruct , and direct , as hath been said , but to punish in like maner by spirituall censures much more greiuous , and dreadfull in respect of the life to come , than are the fore named punishments of the ciuill magistrate for this life . which censures are three in number , answeringe after a certaine manner , to the former three of the temporall magistrate , and these are accordinge to catholike diuinitie , and canons of the church , suspension , interdict , and excommunication ; which i leaue further to discusse in this place . the second part of this chapter , about the subordination of these two povvers , the one to the other ; and different greatnes of them both . §. i. . vpon these and other like considerations then , and premisses , catholike deuines doe deduce that these two povvers of spirituall , and temporall iurisdiction , whensoeuer they meet togeather ( as in the christian common-wealth they doe ) they are subordinate the one to the other , according to the rule of aristotle in philosophie , ( which holdeth also in this case of diuinitie ) that whensoeuer the ends of anie faculties be subordinate , and doe serue the one to the other , there also the faculties themselues are subordinate . and so wheras the end of spirituall authoritie is , to direct men to euerlastinge saluation of their soules , and the end temporall gouernment , to procure their temporall prosperitie ; but yet with referment , and subordination to the attainment also of life euerlasting in the next world : it followeth by most certaine consequence , that temporall gouernment is subordinate to the spirituall , which is so much the more excellent and eminent , as is an euerlastinge end , aboue a temporall ; our immortall soule , before our corruptible bodyes ; and the kingdome of heauen , before worldlie prosperitie . . out of which considerations , no doubt did proceed those speeches of ancient and holie fathers , about the comparison of these two povvers , ecclesiasticall , and temporall , which are founde euery where in their workes , highly preferringe the one before the other , and subiecting the one vnto the other . an me liberè loquentem , aequo animo feretis ? ( saith s. gregorie nazianzen to the emperour ) nam ves quoque , &c. will you heare me with patience to speake my minde freely vnto you ? which truelie you ought to doe for so much , as the law of christ , hath made you subiect to my power , and to my tribunall . for wee ( bishops ) haue an empyre also , and that more excellent , and perfect then yours , except you will saie that spirit is inferiour to flesh , and heauenly things to earthly . but i doubt not , but that you will take in good parte , this my freedome of speach , you being a sacred sheepe of my holie flocke , and a disciple of the great pastor , rightly instructed by the holy-ghost , euen from your young years , &c. so gregorie nazianzen to the emperour . . and heere we see , what difference this greate doctor and father s. gregorie nazianzen almost . yeares gone , did put between these two powers of kings , and bishops , ciuill and ecclesiasticall dignitie ; euen as much , as between , flesh and spirit , heauen and earth . and the same difference doth s. chrysostome set downe in his bookes of priesthood , and elswere . i shall alleadge some place or two out of him , as breifly as i may , that you may see his sense , and iudgement therin : though i would wish the reader , to peruse the places themselues heere cited , for that they will fullie satisfie him in this matter . . first then in his third booke of priesthood , comparinge the power of a king with the power of a priest he hath these words . habent quidem & terrestres principes vinculi potestatem , verum corporum solum , &c. it is true , that earthlie princes , haue power to binde , but our bodyes onlie : but the bands , which priests can lay vpon vs , doe touch the soule it self , and reach euen vnto the heauens so far forth as whatsoeuer priests shall determine heere beneath , that doth god ratifie aboue in heauen , and confirmeth the sentence of his seruants vpon earth . and what is this , ( i pray you ) but that god hath giuen all heauenlie power vnto them , according to those words of his . vvhose sinnes soeuer you shall retaine they are retained . and what power , i beseech you , can there be greater then this ? i read that god the father gaue all manner of power vnto his sonne . and i see againe , that god the sonne hath giuen ouer the self same power vnto priests , &c. what a manifest madnes then is it , for any man to despise this princedome of priests , without which we cannot possibly be made partakers , either of eternall saluation , or of the good promises of our sauiour , &c. quo nomine , sacerdotes non modo plus vereri debemus ; quam vel principes , vel reges ; verum etiam maiori honore , quam parentes proprios honorare . in which respect , wee ought to reuerence , & feare priests more , not only then princes , and kings ; but honour them also more , then our owne parents , &c. all these are s. chrysostomn wordes . . and the same saint , in his homilies vpon esay the prophet , writeth thus . rex quidem ea quae sunt in terris , sortitu● est , administranda , &c. the king hath receiued the administration , and gouernment of those things that are on the earth . but the priests authoritie commeth from heauen ; whatsoeuer you shall binde ( saith christ ) vpon earth , that shall be bound in heauen . to my king , are committed earthlie things , but to me heauenlie ; and when i say , to me i vnderstand a priest , &c. to the king are committed the bodies , to the priest the soules : the king can remitt bodily spotts ; but the priest can take away the spotts of sinne : maior hic principatus , this principallitie of priests is greater , then that of kings . . aud yet further in another homilie vpon the same prophet . sacerdotium principatus est ; ipso etiam regno venerabilius , & maiu● . ne mihi narres purpuram , &c. priesthood is a princedome ; yea more venerable and great then is a kingdome . doe not tell mee of the purple , or diademe , or scepter , or golden apparrell of kings , for these are but shaddowes , and more vaine then flowers at the spring time . si vis videre descrimen , quantum absit rex à sacerdote , expende modum potestatis vtrique traditae . if you will see indeed the true difference between them , and how much the king is inferiour to a priest ; consider the manner of the power deliuered to them both ; and you shall see the priests tribunall , much higher then that of the king , who hath receiued onlie the administration of earthly things . nequè vltra potestatem hanc , quicquam habet pratereà authoritatis . neither hath he any authoritie , beyond this earthlie power : but the priests tribunall is placed in heauen , and hath authoritie to pronounce sentence in heauenlie affaires . and who affirmeth this ? the king of heauen himself , who saith , vvhatsoeuer you shall bind on earth shall be bound in heauen , and vvhatsoeuer you shal loose , shall bee loosed . heer you see heauen , to take principall authority of iudging from earth , for that the iudge sitteth on earth , and our lord followeth his feruant : so as whatsoeuer the said seruant shall iudge heere beneath , that will his maister allow in heauen . so s. chrysostome . . and consider heere ( good reader ) that this holie father and doctor , wrote all this in constantinople , where the emperour was present , and many courtyers togeather with the empresse herself , auerted from him for his seueritie of discipline , and ready to note and take aduauntage against any thinge that he should say . and yet was this doctrine neuer obiected against him , as iniurious to the emperour , or to his emperiall crowne : notwithstanding ( as you see ) he speaketh plainlie , both about the subordination of temporall and spirituall povver , the one to the other ; as also that the emperour had the one , and not the other . and if the same father should preach this doctrine at paules crosse in these our daies , he would be hissed out , and be called into question of treason by the tenor of m. attorneyes booke ; so far are our tymes differēt from these . but god & his truth are alwayes one . . and to this very same effect might i alleadg heere the sayings , and doings of diuers other auncient fathers and bishops , ( for all were of one spirit , opinion , and faith in this behalfe ) but it would bee ouerlonge ; yet s. ambrose i cannot omitt , who in two or three occasiōs with the christian emperours of his time , did expresse most manifestly , the iudgement of the catholike church in those daies . the first wherof was with valentinian the the younger , who being induced by the empresse iustina to commaund s. ambrose bishop of millaine to dispute with auxentius the arrian bishop , and other of his sect , before the emperour , and his counsellours , and whole courte in his pallace , he refused the same , and gaue his reasons to the said emperour in a seuerall booke which beginneth thus . clementissimo imperatori & beatissimo augusto valentiniario , ambrosius episcopus , &c. and then he setteth downe how the tribune dalmatius with a publike notarie did cite him in the emperours name , to come to that conference , or disputation , and what he answered vnto him , which was in these words . i answered ( saith he ) that which your father of glorious memorie ( vaelentinian the elder ) not only answered in speach vpon like occasion , but confirmed also by his lawes , that in causes belonging to faith , priests only should iudge of priests : yea further also that if a bishop should bee called in question for his manners , this iudgment likewise should appertaine vnto bishops : and who then of vs , doe answere more peruerslie ? wee , that would haue you like your father , or they that would haue you vnlike him , &c. quando audisti , clementissime imperator , laicos in causa fidei de episcopo iudicasse . when haue you euer heard , most clement emperour , that lay men did iudge bishops in matters of faith . certè si vel scripturaerum seriem diuinarum , vel vetera tempora retractemus , quis est qui abnuat in causa fidei , ( in causa , inquam , fidei ) episcopos solere de imperatoribus christianis , non imperatores de episcopis indicare . truly if we will consider , either the whole course of diuine scriptures , or the vse of auncient times , no man can deny , but that in matrers of faith ( i say in matters of faith ) bishops were wont to iudge of christian emperours , and not emperours of bishops . eris , deo sauente etiam senectutis maturitate prouectior , & tunc de hoc censebis qualis ille episcopus sit , qui laicu ius sacerdotale substernit , pater nunc , vir maturioris aeui dicebat , non est meum iudicare inter episcopos ; tua nunc dicet clementia ; ego debeo iudicare ? you shall be , by gods fauour , by the maturitie of old age ( you being now in your youth ) better informed , and then you will be able to iudge better of this point , what manner of bishop he is to be accounted , that subiecteth the right of priestdome to laie men , your father being a man of riper yeares , said , it belongeth not to me to be iudge amongst bishops ; and will your clemencie say now , that you ought to be their iudge ? so s. ambrose in this occasion . . the next yeare after with the same valentinian , who by instigation of the said arrians , fauoured by iustina the empresse , decreed , that a church in millaine should be giuen vnto them , s. ambrose resistinge the same , had a notable combat , which besides other authors , himself setteth downe at large in a certaine epistle to his sister marcellina , where shewing the solemne denuntiation of the emperours decree vnto him , with his answere , he saith . conuenerunt me primò viri comites consistoriani , &c. first , there came vnto me certaine earles of the court to commaund me to deliuer the church , &c. i answered that which belongeth to a man of my order , that the church could not be giuen vp by a priest , &c. ego mansi in munere , missam faecere caepi , dum ●ffero , raptum cognout , &c. i continued on in my priestlie function , i began to say masse , and whilest i was offering , i vnderstood that one of the aduersarie parte , was taken by the people , i began bitterlie to weep , and beseech god in my oblation ; that he would help , that no bloud might be shed in this cause of the church ; but that my bloud only , if it were his holie will , might bee shed not only for saftie of the people , but also for the wicked sorte themselues . &c. the emperours earles and tribunes vrged me againe , that i should deliuer the church sayinge . imperatorem iure suo vti , eò quòd in potestate eius essent omnia . respondi quae diuina sunt , imperatoriae popotestaeti non esse subiectae , &c. they said that the emperour did but vse this owne right , and due authoritie , for that all was in his power . i answered that those things that were diuine , & belōged to god , are not subiect to the emperours power . so s. ambrose for defence of this his particular church against the emperours commaundement , which notwithstanding was but a materiall church as you see ; and yet he said the cause vvas diuine and not subiect to the emperors power ; but to a higher authoritie of the clergie . . and yet further when the said tribunes , sent by the emperour required to haue certaine church-vessels deliuered vnto them . s. ambrose writeth thus . cum esset propositum , vt ecclesiae vasa iam traderenpius hoc responsi reddidi , &c. when it was proposed vnto me by the emperours officers , that we should presently deliuer vp the vessels of the church ( behold church-vessels of price in those daies ) i gaue this answere : that if anie things of mine were demaunded , either land , or house , or gold , or syluer , or anie other things that lay in my power to giue , i would willinglie offer the same ; but from the church of god i could take nothing away , nor deliuer that which i had receiued to be kept . and that in this point i did respect the health principally of the emperours soule : for that it was not expedient for me to deliuer the said vessels , nor for him to receiue them : and that he should take in good parte , the speach of a free priest. if the emperour did loue himself , he should doe well to cease from offeringe iniurie to christ. so he . and what would he haue said ( thinke you ) or answered , if he had been in our english parliament , when k. henry the . both demaunded , and obtained not onlie the vessels of many hundred churches , but the lands , liuings , houses , and churches also themselues which he pulled downe , & equalled with the ground , or from sacred , translated them to prophane vses . . but let vs heare the same doctor and father , handling this subiect more cleerly in another place , to witt , in a publike sermon to the people , wherin he instructeth them of the true nature , and subordination of these two powers , spirituall , and temporall , ecclesiasticall and imperiall . soluimus ( saith he ) quae sunt caesaris , caesari ; & quae sunt dei , deo. &c. we doe pay vnto caesar those things , that belong to caesar , and we giue vnto god , the things that appertaine vnto him . is it caesars tribute that is demaunded ? we deny it not . is it the church of god ? it ought not to be giuen vp to caesar. for that the temple of god , cannot be the right of caesar , which we speake to the emperours honour , for what is more honorable vnto him , then that he being an emperour , be called a child of the church ? which when it is said , it is spoken without sinne , and to his grace , for that a good emperour is within the church , but not aboue the church , and he seeketh rather help of the church , than refuseth the same ; this as we speake in humilitie , so with constancie wee freelie affirme it . and albeit some doe heere threaten vs fire , sword , and exile , yet we being christs seruaunts haue learned not to feare such things , and him that feareth not , no threats can daunt . . and finallie not to be longer in this matter , the same good bishop some few years after , hauing occasion to reprehend , and correct by his ecclesiasticall power and iurisdiction , the famous emperour theodosius the great , he failed not to vse the same , and therby shewed the eminency of his iurisdiction aboue the other . the occasion was , for that the said good emperour had suffered himself , by the incitation of certaine of his courte about him , to permit the sackage , or spoile of the citty of thessolonica , for certaine howers to his souldiars , in reuenge or chastisement of a certaine disorder committed by them , but the said sackage and massacre proceedinge further vpon furie of souldiars , then the emperours meaninge was , and many thousands of innocent people slaine . s. ambrose wrote first an earnest epistle to the said emperour , laying before him , the grieuousnes of his sinne , and exhortinge him to doe pennance ; wherin he ; when the emperour performed not so much as hee desired , proceeded further . and when the emperour came one day to the church , the foresaid bishop went forth , and met him without the church dore , forbidding him to enter therin , as vnworthy the communion of christian faithfull people , vntill he had done sufficient pennance for his sinne , which the good emperour meeklie obaied ; as he did afterward also , when he comminge to the church to be reconciled , and hauing made his offring , he remained within the chauncell amonge the priests . but s. ambrose sending vnto him his deacon , signified , that , that place was only for priests and clergie men , and therfore he should departe forth into the body of the church amonst lay men , adding this sentence . purpurae imperatores , non sacerdotes efficit . purple robes make emperours , but not priests . which admonition ( saith theodorete ) the most faithfull emperour tooke in good parte , and said , that he did not stay vvithin the chauncell , vpon any presumption , but for that he had learned that custome in constantinople : and therefore gaue him thankes also , for this wholsome admonition . so he . but all which is seene what eminency of spirituall authoritie , was ascribed by these holy fathers and doctors , to bishops priests , and clergie-men , aboue kings and emperours ; and i might adde much more out of them to the same effect for confutation of m. attorneys paradox , but that i am to reserue diuers things , to the fourth chapter of this booke , where i must answere his principall argument ; that vvhosoeuer ascribeth not all supreame power to princes , as well in ecclesiasticall as temporall matters , maketh them no complete monarches : but these holy fathers of the auncient primitiue church were of another iudgement , as you see . . wherfore this being so , that in the church , & common-wealth of christ , though kings and emperours be supreame in temporall authoritie , and both honour , obedience , and tribute due vnto them in their degree , as christ and his apostles doe teach : yet , that in spirituall , and ecclesiasticall matters , concerning the soule , priests and bishops are more eminent in authoritie . hence it was deduced , that for combininge these two powers , and authoritie togeather in peace and vnion , and due subordination in the christian common wealth , the one hauinge need of the other ( for that neither the temporall partie can saue their soules , without the spirituall function ; neither the ecclesiasticall state be defended without the temporal sword ) hence ( i say ) , it proceeded that presentlie after the entrance of constantine the emperour into the church , wherby temporall , & spirituall power were to be conioyned togeather , and exercised in one body ( though in different tribunalls , & distinct affaires ) seuerall laws , and ordinances were set downe , and agreed vpon , how they should liue togeather in peace , and concord , and dutifull respect the one to the other : the ecclesiasticall partie , by an auncient name , euen from the apostles time downwards , being called the cleargie , which signifieth the lott , or peculiar in heritance of god himself ; and the temporall partie named the laity , which importeth as much as the rest of the people , besides the cleargie . . these two parties i say , are directed by most anncient laws both diuine , and humane how to liue togeather in vnion , & due subordination , giuing to each power , and gouernment , that which is due to each other , especiallie in these points following , which catholike deuines , and canon-lawyers doe larglie handle : but i shall breiflie touch the sunne onlie in this place so far , is it may appertaine to better decision of this our controuersie . noting first by the way for the reader his better aduertisement , that these two powers of spirituall , and temporall iurisdiction , being different ( as hath been said ) and hauing so different ends , and obiects ; and proceeding so differentlie from god , by different means and manners ; and that they may be separated , and remaine seuerally and alone in different subiects , as they did for diuers ages togeather in the primitiue church . all this ( i saie ) being so , it followeth that it is no good argument , but rather a manifest fallacie , to inferre the one of the other , as to saie , he hath spiritual iurisdiction ouer me , and therfore also temporall ; which followeth not , and much lesse the contrarie ; he hath temporall authoritie ouer any ergo spiritual also . and least of all , as m. atorney argueth euery-where . a prince or monarch hath supreame authoritie temporal , ergo also spirituall ; for that the one may be without the other , as comming downe from one origen , by different means , and to different ends , as before hath been declared . now then let vs passe to the decisions aboue mencioned for due subordination in these two powers . the third part of this chapter , shewing how these two povvers , and iurisdictions , may stand well togeather in agreement , peace and vnion . . ii. . the first affertion both of deuines , and canonists is , that notwithstanding the former prerogatiues of spirituall power aboue temporall ; yet when they are conioyned in one common-wealth ( as they haue been in the catholike church for these thirteene hundred years at least , since the conuersion of constantine the emperour ) the cleargie , and ecclesiasticall persons of euerie realme , as members of that common-wealth , are subiect vnto the emperour , king , or other head of that ciuill and politicke body , or common-wealth in al temporall laws , and ordinances , not contrary to gods law , nor the cannons of holie church ; and are punishable for the same , though not in temporall courts , but spirituall , as after ward in the third assertion shall be declared . as for example ; when the ciuill magistrate appointeth things to be solde at such , or such price : that no man goe by night with armes : or carry out cōmodities of the realme without licence , and the like : cleargie men as cittizens of the common-wealth are subiect also vnto these laws which are made for direction of of the common-wealth , to peace , aboundance , and prosperitie : and consequentlie , are to be obserued also by bishops , priests , and cleargie-men . . and in this sense , are to be vnderstood the words , both of our sauiour , and his apostles , when they ordaine all obedience to be exhibited by all christians to their temporall princes , without exception of anie , yea though they were euill men or infidells . as namely where s. paul saith . omnia anima potestatibus sublimioribus subdita sit . let euery soule be subiect to higher powers , which s. peter expoundeth , siuè regi , siuè ducibus , &c. whether it be to kings , dukes ; and the like . vpon which place to s. paul , the holie doctor s. chrysostome inferreth that politicall , and temporall laws , are not abrogated by the ghospell , but that both priests , and monkes , are bound to obey the same in temporall affairs . and valentinian the good christian emperour , in a certaine epistle of his , to the bishops of asia aboue . hundred years gone , said● that good bishops doe obey , not only the laws of god , but of kings likewise . which pope nicolas the first , writing to michaell the emperour doth proue , when he saith , that christian emperours doe need bishops for the attaining of euerlasting life ; but that bishops doe need kings , and emperours onlie , to vse their laws , for their direction in temporall affaires . and finally the matter is cleer not onlie , by the testimonie , and practise of the primitiue church ( say our deuines ) but also by reason it selfe . for that if any sorte of people should liue in a common-wealth , and not obserue the laws therof , it would be a perturbation to the whole . and for that these ciuill laws , albeit their immediate end be temporall good ; yet may the obseruation therof be referred also to a higher spirituall end by good men , and therfore are all good subiects bound to obey them . and this for the first point . . the second is , that in causes meere ecclesiasticall , and spirituall , which appertaine to religion , faith , sacraments , holie orders , and the like , and are to be determined out of the ghospell , councells , canons , and doctors of the church : in all these affaires catholike deuines holde , that ecclesiasticall persons , are no way subiect to temporall princes , for the reasons before alleadged of preheminēcy of spiritual power , aboue temporal in these affaires . in respect wherof the holie auncient bishops did stand with christian emperours , and auerre their authoritie to be aboue the others , as before out of s. gregorie nazianzen , s. ambrose s. chrisostome and others you haue heard declared . so as heere you se a mutuall subordination of preists to princes , in ciuill and temporall matters , and of princes to preists and bishops , in spirituall affaires : which according to s. gregorie nazianzen his comparison before mencioned , may thus be expressed ; that the soule in matters of this life , though with some griefe and regreate of spirit in good men , is bound to follow the direction , and law of the body for health , strength , and other such corporall commodities ; and the body in matters of life euerlasting , must be content to follow the soule , and direction of spirit , and so is bound to doe , though with repugnance oftentimes of the flesh , as in fasting , praying , pennance , & other such like exercise . and wheresoeuer these two mutuall subordinations be wel obserued ; there the common wealth goeth forward wel , and prosperouslie ; and contrarywise where the said subordination is neglected or perturbed , there all goeth out of order and ioynt . . but now there remaineth a third point of further moderation , between these two powers , which is accordinge to our deuines , and canon-lawyers ; that albeit ecclesiastical men be subiect to the obseruation of temporall laws ; as before is said ; yet are as well their persons , as their goods free , and exempted , from the temporall magistrate , and his tribunalls , euen in those causes also : in so much , that if cleargie men doe offend against the laws of the common-wealth , they are to be iudged , and condemned by ecclesiasticall iudges , in the courts , and tribunals of their prelats , and afterward to be deliuered to secular power , to inflict the decreed punishmēt vpon them , which they shall be found worthie of . their goods also both ecclesiasticall , and temporall , are exempted from all secular power , and their impositions , or exactions , by auncient decrees and constitutions , as well of the church , as of old christian emperours in honorem cleri in honour of the cleargy , to vse the auncient word . and as for ecclesiasticall constitutions to this effect made as well by generall councells as particular popes , euen downe from the primitiue church , sufficient testimonies , or rather aboundant are extant , and may be seen collected togeather by gratian , and others in the sixt booke of decretalls , especially out of two lateran generall councells and manie other particular decrees , laws , and ordinances ecclesiasticall , tending to this purpose . and many ages before this , the same exemptions be recorded , especially for the immunitie of their persons from secular power , and tribunals , as in the councel of calcedon , and . canon : the councel agathense , and . canon , and the third councel of carthage , wherin s. augustine himself was present , and diuerse other councels . . and there doe not want many learned deuines , who are of opinion , that this exemption of ecclesiastical persons , and their goods , is not onlie iuris humani ecclesiastici , by positiue and humane ecclesiasticall laws : but iuris diuini also ; that is to saie , by right of diuine law in a certaine sorte , which is thus to bee vnderstood ; that albeit god hath not expreslie commaunded it in the written law of scripture , yet is it conforme both to the law of nature , which is also gods law ; as likewise it may be deduced , & inferred from exāples recorded in scripture , vnder the old testamēt , that god would haue this honour of exemption , and immunitie in temporall things to be exhibited to his cleargy . and therfore we doe reade in genesis that ioseph the patriarch in the law of nature , did exempt the priests of the egyptians , from all temporall tributes . and in the bookes of esdras we read , that artaxerxes king of the persians , out of the same law of nature , did make free also the priests of israell . and that the very gentiles did the same to their priests out of the same law , and instinct of nature , is euident out of aristotle in his second booke oeconomicorum . and of caesar in his sixt booke de bello gallico . and out of plutarch in the life of camillus , and other pagan writers . and in the written law we read , as well in exodus , as in the booke of numbers , that god did often affirme , that he would haue the order of leuites to be his , and to be freelie giuen , and made subiect onlie to aaron their high priest , and to paye no tribute . out of which is inferred , that if god in the law of nature , and of moyses , would haue priests , and leuites to be free in their persons , & goods , from temporall exactions ; much more may it be presumed , that he will haue it so in the new law of the ghospel , where to vse the words of s. leo. et ordo clarior leuitarum , & dignit as amplior seniorum , & sacratior vnctio sacerdotum , &c. the order of leuites is more eminent , and the dignitie of elders more excellent , and the annointing of priests more sacred and holy among christians , then they were among the iewes . and thus much of ecclesiasticall laws , for exemption of the cleargie . . but now vpon the very self same considerations , temporall princes also comming to be christians , did voluntarily consume , & establish by their politicall laws , the same exemptions , as first of all , our first christian emperour constantine the greate , as soone as he came to receiue that grace , and light of the ghospell , did vpon his singular deuotion , make al the ecclesiastical persons , immunes à communibus reipublicae oneribus . free from al publicke charges , and burthens of the common-wealth , which laye men did vnder goe ; as by his epistle sett downe by eusebius is cleere . and the same example did other christian emperours follow after him , as may appeere by diuers laws , as well in the code of theedosius , as also of iustinian . and the same doth s. hi●rome signifie to haue been in vse in his daies , and s. ambrose also in his , so much as appertaineth to the freedome of their persons ; though for their lands , and possessions , he saith . agri ecclesiae soln●nt tributum . that the lands of the church did paie a certaine tribute at that tyme ; which may be vnderstood in the respect of the emperours publicke necessitie through warrs ; vpon which or like due cōsiderations , clergie men haue all waies been ready and ought to be , to contribute willinglie , and gratefully according to their abilities , towards the publike charges of their temporall princes affaires ; notwithstanding their exemptions by law , and iustice . . particular kings and princes in like manner vpon their deuotions , and to the imitation of their foresaid good emperours , haue by their particular lawes in euery christian countrey confirmed the franquises , freedomes , and immunities of the church and cleargie : and perhaps in no one nation mor● throughout christendome , than in our english realme , whether we consider times either before the conquest , or after : and before the conquest it may be seen by the collectiō of old english lawes of euery kingdome , sett forth by k. edgar , and k. edward the confessor ; and after the conquest by the co●querour himse● , as after shall be shewed ; and after him againe by the very first statutes , that are extant in print , namelie , from the great charter made by k. henry the third in the . yeare of his raigne , and the articles of the cleargie established in the . yeare , of k. edward the second in the fauour of the said cleargie ; the said great charter being reiterated and ratified , in most of the insuing parlaments for authorizing , and establishinge the foresaid exemptions , and priuiledges of clergie-men , which were from time to time by al our kings confirmed ( as afterward shall more largely and perticularly be proued ) vntill the later times of k. henry the eight . . now then , matters standing thus , and the church in euery countrey throughout christendome being in possession of these liberties , freedomes , and immunities , for their persons , and goods , and acknowledging for their supreame superiour in spirituall power , and iurisdiction , the bishop of rome , and their temporall kings in ciuill , and temporall matters : there grew in processe of time , many difficulties , and entanglements , about the execution , and subordination of these two iurisdictions temporall , and spiritual the one to th' other , sometimes by abuse , passiō , or indiscretiō of some vnder-officers of these two supreame powers , & tribunals within our land ; ech side seeking to incroach vpon the other , or at leastwise not to be content with their owne limits , for as between the spirit , and flesh in this life , ( to vse againe s. gregorie nazianzens similitude ) there is some continuall strife , and struglinge ; so hath it been allwayes in a certaine sorte between these two powers of spirituall and temporall iurisdiction , or at leastwise in the exercise therof , especially as riches , & temporalityes grew more in the clergie ; and therby gaue matter of enuy , and emulation ; and lesse deuotion to the laytie towards them ; in so much , that at length for auoidinge worse inconueniences , limitations , conditions , concordates , and transactions , were made and brought into vse , how far the execution of ech parties authoritie should be extēded in certaine inferiour things , that might seeme either mixt , or doubtful , as by many examples , both in france , spaine , sicily , naples , flaunders , england , and other countreys may be declared : whervpon notwithstanding daylie wee see sundry difficulties , sutes , and controuersies to arise . . some states also , and catholike kingdomes , haue made certaine decrees , or restraints at sometimes de facto ( whether rightfully or noe , i will not now dispute ) for preuentinge , and remedyinge some pretended inconueniences , in the exercise of certaine points of the popes authority within their said realmes , some other also pretend to haue done the same with indult , consent , transaction , or conuiuency of the pope himself . but none of all these ( which is the mayne pointe ) did euer deny , or call in question the said authoritie it self , as after shall appeare ; but rather did many wayes acknowledge , and confesse the same ; and of this kind of restrictions , or interpretations , are the most part of these few peeces of decrees , and statutes , customes , laws , or ordinances , that m. attorney doth alleadge , which make nothing at all for the proofe of his mayne question , that our english kings before and after the conquest , did take vpon themselues supreame spirituall authoritie , as deriued from the right of their crowne : nay rather they make fully against him , for that the very manner of making these restraintes , first by way of supplication to the popes themselues ( as after shall be shewed ) and then by domesticall ordinances , doth well declare what opinion the said princes had of that power to be in the said popes , & not in themselues . and this is so much as needeth to be said in this place for a generall light to the whole matter . now shall we passe ouer , to treat of the particular occasion , wherevpon m. attorney thought good , to ground his whole discourse of q. elizabethes ecclesiasticall authoritie , as presently shall be declared . the particvlar state of the controversy vvith m. attorney , concerning the late queens ecclesiasticall povver , by the auncient laws of england , deduced out of the case of one robert caudery clerke . chap. iii. maister attorney for preamble or entrance , to his designed argument against recusant catholicks ( for that to be his purpose , the end of his booke declareth ) he setteth down a pittifull case of one robert caudery clerke , depriued of his benefice , or parsonage of north-looffennam in ruland-shire , by the bishop of london , as high commissioner , with consent of some of his associates , authorized in causes ecclesiastical by a commission of the late queene , graunted by her letters patents the nynth day of december , in the . yeare of her raigne . i doe call the case pittifull , not so much in respect of the poore man depriued and vexed , as after shall appeare , but much more of the publike partiality appearing to haue been vsed against him , by sway of the tyme , and by such men , as occupied the place of iustice. you shall heare how the case passed , and iudge therof your selues . . this caudery in the terme of s. hilary ( saith m. attorney ) in the . yeare of the raigne of q. elizabeth brought an action of trespasse , against one george atton , for breaking of his cloase in north-looffennam aforesaide , vpon the . day of august in the . yeare of the said q. but atton pleaded not guyltie ; and the iurie found , that the said cauderie , had been depriued of that benefice , ( in parte wherof the cloase was broken ) by a sentence of the said bishop of london , cum assensu a. b. c. d. &c. collegerum suorum . for that he had preached against the booke of common-praier , and refused to celebrate diuine seruice according to the same . . heerupon it came in question , how and by what authoritie , the said bishop of london had giuen his sentence , either rightfully or wrongfully . and first it was alleadged by cauderyes coūsell , that the authoritie of commission giuen to him ( to witt to the forenamed bishop of london ) and certaine others his colleags , by the foresaid q. elizabeths letters patents , was only founded vpon a statute , made in the first yeare of her raigne , by which it was enacted , that such iurisdiction ecclesiasticall , as by anie spirituall , or ecclesiasticall power , hath heertofore been , or may lawfully be exercised , for the visitation of the ecclesiasticall estate , and persons , and for the reformation , order , and correction of the same , and of all manner of errours , heresies , schismes , abuses , offences , contempts , and enormities within this realme , should for euer be vnited and annexed to the imperiall crowne of this realme . and that her highnes , her heyrs , and successors should haue full power , and authoritie , by vertue of that act , by letters patents vnder the great seale of england , to assigne , nominate , and authorize such persons ( being natural borne subiects ) as her highnes , her heirs , or successours should thinke meet , to exercise and execute , vnder her highnes , her heyrs , and successours , all , and all manner of iurisdiction , priuiledges , and preheminences , in anie wise , touching or concerning anie spirituall , or ecclesiasticall iurisdiction , within this realme of england , and ireland . and to visite , reforme , redresse , order , correct , and amend all such errours , heresies , schismes , abuses , offenses , contempts , and enormities whatsoeuer , which by anie manner of spirituall , or ecclesiasticall power , authoritie , or iurisdiction , can or may lawfully be reformed , ordered , corrected , and amended . &c. . this was the ground , wherby both the queene was indued as you see , with all manner of ecclesiasticall power , and iurisdiction , and had authoritie also giuen her , to bestow the same vpon others : without anie other condition heere expressed , but onlie that they should be naturall borne subiects . so as if it had pleased her maiestie , to haue bestowed a commission , vpon so many ladies of the courte , to visit some parte of the cleargie , or laitie ; to redresse their errours , heresies , abuses , or other enormities ; or insteed of the bishops named by her , she had thought good to nominate their wiues for high commissioners ouer them , to reforme , order , redresse , correct , or amend abuses , i see not by the words of the statute , why it had not been lawfull ; for so much , as there is no exception of sex therin . and as well might the queene haue made women her substitutes in this point , as this statute gaue all the power in capite to her self being a woman . i would aske moreouer , that wheras k. henry the eight , when he was made head of the church appointed for his vicar-generall in spiritualibus the lord cromwell , that was a meere lay man , and caused him to sit aboue all the bishops in synods and councels , about ecclesiasticall affaires : why his daughter q. elizabeth that had the same authoritie that he had , might not haue appointed my lady cromwell , or anie such other ladie of that sex , wherof there were diuerse that professed good skill in diuinitie ( at the beginning of her reigne ) for her vicaresse-generall , in ecclesiasticall affaires . nay why the feminne sex might not haue conspired togeather to haue put downe men for a time , and to haue taken the gouernment of the church vpon themselues : making themselues the cleargie , as their husbands were the laity . and truly albeit this may seeme ridiculous ; yet i see not , what in earnest can be answered heervnto , but onlie the noueltie , and indecency of the thinge . for , as for the lawfulnes , according to luthers doctrine , that holdeth all people , to be priests , and capable of all spirituall functions , both men and women , i se no great difficultie . and as for the said inconueniences of noueltie and indecency , there might seeme to be as great , or greater in giuing ecclesiasticall primacy to a woman , as to make another woman her substitute , or vicaresse ; but we see the first done , and therfore the second in like manner might haue been done , if her maiestie had pleased . . but leauing this we shall returne to our case of caudery the clerke , who whether he were a catholike priest , or puritan-minister , that was depriued for refusing to follow the communion-booke , is vncertaine ; but whatsoeuer he was , it seemeth that his cause was much ouer borne by the current of the time , in fauour of the bishop of london that depriued him , which i notwithstanding would not trouble my self , nor my reader to repeate in this place , but that i am forced therunto in regarde , that vpon his plea , & resolution of the temporall iudges theron , riseth out the occasion of our particular controuersie , about q. elizabeths spirituall iurisdiction . . first then the said cauderyes counsell pleaded for him , that wheras in the statute concerning the foresaid booke of common praier ( which they said was made with much moderation , and equitie ) it was appointed and ordained , that if any did offend against the same , he should for the first time loose onlie the profit of his ecclesiasticall liuings for one yeare , and suffer imprisonment for six moneths : and for the second offence , be depriued ipso facto : and for the third , be imprisoned during his life ; and that of euery of these offences , in order , the delinquent should be seuerally conuicted , & condemned iudiciallie ; which they said , that the bishop of london had not obserued , but had depriued caudery for the first offence ; and this vpon no notorious euidence of the fact , or by his owne confession as the statute ordeyned : but onlie by default of his appearance . so as they alleadged two great , and important defects , to haue been committed by him ; and consequentlie his fact to be voide . and yet not withstanding saith m. attorney ; it was resolued by the whole courte , that the bishops sentence was not to be impeached , for either of them ; first , for that it was not said in the queens commission , that you shall proceed thus , and not other wise , or in no other manner or forme . secondlie for that the ecclesiasticall and temporall laws , haue seueral proceedings , and seuerall ends . and thirdlie , for that there is a certaine prouiso in the said act , that all archbishops and bishops , and euery of their chancellours , commissaryes , archdeacons , and other ordinaries , hauing peculiar ecclesiasticall iurisdiction ; may inquire , and punish within their said iurisdictions , by admonition , excommunication , sequestration , or depriuation . &c. . but by m. attorneyes leaue , none of these three shifts can satisfie the reason of an indifferent man in this case : for first the commission giuen to punish by the queene , was stricti iuris , and consequētly not to bee inlarged further , than the expresse words doe beare ; especially seeing that it is in preiudice of others . and the second euasion seemeth preiudicial to the iudges themselues , confessing therby in effect , that albeit by their common-law , which pretendeth to follow reason , the bishops proceeding was not warrant-able : yet it might be so , by the ecclesiasticall law , ( that belike proceedeth without reason ) though how , or why , nothing is here sett downe , but onlie this , that the temporall law is to inflict punishment vpon the body , lands , and goods ; the other being spiritual , is pro salute anima ; the one to punish the outward man ; the other to reforme the inward : as though , this externall act of depriuing caudery from his benefice , did not punish him outwardlie , as well , as reforme him inwardlie : and yet doth m. attorney , ( as though he had said somewhat to the purpose ) quote his * booke for it , and theron maketh this conclusion . then ( saith he ) both these distinct , and seuerall iurisdictions , consist and stand vvell togeather , and doe ioyne in this , to haue the vvhole man inwardly , and outwardlie reformed . which conclusion supposinge , as you see , all ecclesiasticall iurisdiction , to be inward onlie , is denied by vs flattlie ; for that we hold ecclesiasticall iurisdiction to be both internall , and externall , in fore conscientia , & in fore contentioso : as in the precedent chapter we haue shewed . and secondlie we saie , that this seemeth nothinge to the purpose , for releeuinge the bishop of london his act , in depriuinge caudery beyond the forme of his commission . . the third euasion also , vnder colour of the forenamed prouiso , is to little purpose ; for that it alloweth only ordinary ecclesiasticall iudges within their proper iurisdictions , to proceed by admonition , excommunication , sequestration , or depriuation ; which was not so dangerous a matter , for so much as the partie aggreiued might allwaies appeale from them to higher courts for remedy , if he were aggreiued . but this authoritie of the high commissioners , being extraordinarie and supreame , hath no appellation from it , and consequentlie it was more reason and needfull , that their authoritie should be limited with some bounds ; and that they should not exceed , the strict words of their commission , to the end , that the aggreiued might appeale , at leastwise to the faid commission & clauses therof , when they found themselues iniured . and the argumēt vsed heere by m. attorney , à fortiore , hath no force at all ; to witt , that for so much , as these inferiour ecclesiasticall ordinarie iudges had power to proceed , without restraint of anie particular forme ; much more , high commissioners had that authoritie giuen them ; for that ( saith he ) cui licet quod in maius est , non debet quod minus est non licere . hee that may doe the greater , may not be denyed the lesser . this i say , is to simple to be brought forth , by so graue a sage of the law , as m. attorney is held to be . first , for that this maximè agreeth not properly to out case : for albeit no man deny , but that high commissioners could doe more and greater things , than these ordinarie commissaries ; yet , for this it self , they needed more to be bound , and tyed to a prescript manner of iustifiable proceeding , as hath been said ; least they might iniure , and oppresse men at their pleasure without remedy . and secondlie is is not allwayes true , that he which can doe the greater , can doe the lesse , when it is in different kind of iurisdictions , ordinary , or extraordinarie : as in our case it falleth out . . for if ( for examples sake ) a visitour be sent to a colledge to visit the same for certaine defects , with particular order , how to proceed , and punish the said offences ; though in many things he haue greater authoritie , by his extraordinarie commission , then is the ordinarie of the president and fellows , and other ordinarie officers : yet cannot hee either tacitè or à fortiore by vertue of this maximè take vnto him , all the power , and manner of proceeding which the said president and fellowes haue , by their ordinarie authoritie of statutes , in admitting and reiecting schollers , giuing , and changing offices , setting , and letting of lands , and the like : except it be epresslie in his commission . noe , not in punishments neither , concerning those defects , which he hath to visit may he exceed his prescript order ; they being things , as i say , stricti iuris , which both law , reason , and conscience doe forbid to be enlarged beyond his commission . and so doth m. attorney seeme to graunt that it should be so in any iudgement giuen by commissioners , of oyer and terminer , or other commissioners , or iudges of the common law ; insinuating belike , that the canon , or ecclesiasticall law now vsed in england , is abritrary , & to be applied , as they please that sit in authoritie . . and this seemeth greatlie to be confirmed , by another resolution of his iudges made to another argument of caudery , wherein his counsell vrged for him , that according to the commission , sentence should haue been giuen against him , by three at least of the commissioners ioyntlie concurring , which was not obserued ; but giuen onlie by the bishop , though he pretendeth , that it was also by the consent of some of his colleage . it was resolued ( saith m. attorney ) by the whole courte that the sentence giuen by the bishop , with consent of his colleags , was such , as the iudges of the common law , ought to allow to be giuen according to the ecclesiasticall laws . consider , i praie you , this resolution , that they , out of the common-law , doe allow it to be well done , according to the ecclesiasticall laws : but heare the reason , for it importeth much , to se therby the manner of proceeding : for seeing ( saith hee ) that their authoritie is to proceed , and giue sentence in ecclesiasticall causes , according to the ecclesiasticall law , and they haue giuen a sentence in a cause ecclesiasticall , vpon their proceedings ; by sorce of that law , the iudges of the common law , ought to giue faith , and credit to their sentence , and to allow it to be done according to the ecclesiasticall law . for cuilibet in sua arte perito est credendum . vvee must beleeue euery skillfull man in his arte &c. so hee . and is not this a strange reason of a iudiciall sentence thinke you ? that for so much , as the bishop of london had depriued caudery by pretence of an ecclesiasticall law , his fact must be allowed by vertue of this maxime : that euery skillfull man is to be credited in his art . and was not the poore plainteife well holpen vp , who after foure years trauell and cost , as it appeereth , wherin he followed the suite at the common-law against the said bishop , he was now answered , that euerie skillfull man , must be beleeued in his art , without further inquiring . . and yet m. attorney heere auerreth , that it is a common , receiued opinion of all bookes , and citeth diuerse * booke-cases for the same . and albeit i haue not by me the bookes themselues nor doe professe my self skillfull therin ; yet must i needs ascribe so much equitie , prudence , & reason , vnto the common law as to presume that it will not admit this maxime without some distinction or reasonable restriction . as for example ; that this peritus or skillfull man , that must be so beleeued , be eminent in his art , and be not interessed , nor passionate in the case proposed ; for other-wise absurde effects would insue : as for example . if a surgeon hyred to cure a wound , should be suspected to haue intoxicated the same , and that the plainteife should haue this answere , that euery skillfull man is to be beleiued in his arte , it were iniustice : for that he might , either of ignorance , haue erred therin , if he be not knowne to be very well learned in his arte ; or of malice , if he might be presumed to hope , or expect gaine by the wounded mans death . and howsoeuer it be , the matter in right , & conscience were not to be shuffled ouer with such an answere of the appointed iudges , but the case were to be examined , other surgeons to be consulted , them ans skill , honestie , and reputation to be inquired of , and other such diligence to be vsed , as might content , and satisfie the afflicted partie ; wherof none was done , as it seemeth , in the behalfe of caudery . . for wheras in this case the bishop of london was interessed in his honour , to defend that which he had done ; & not perhaps the greatest canoinst , or ciuilian lawyer in the world for his skill ; and this poore plainteife , as i saie , hauinge followed the common lawyers to iudge the case for so many years ; it seemeth a sleight shifting off , for the iudges to tell him now , in fauour of the said bishop and his colleags , cuilibet in sua arte perito , est credendum . we must beleeue euery man skilfull in his science ; which is as much as if they had said ; he hath depriued you , and he is skilfull in depriuing , and therfore you must thinke that he hath done it very well . and this is all the remedy you are like to haue . . and by this the reader may also perceiue how much is to be ascribed to m. attorneyes words before recited , when he saith of those iudges of the common law , from whome he citeth some certaine little peeces of interpretations , ordinances , statutes , or decrees , in proofe ( as he would haue it seeme ) of the queens ecclesiasticall iurisdiction ; persuading vs , that they could not bee daunted vvith any feare , moued by any affection , nor corrupted vvith any reward : which as i beleiue in some , so the experience of these our daies , and of these our fornamed iudges and moderne sages , may teach vs to suspect the same in others also of those auncienter times , who may be presumed to haue followed the current of their dayes , and to haue been no lesse ready , to run after their princes humours , than we see many lawyers and deuines also in our dayes to doe . but now to the last argument of caudery , & finall resolution against him . . after that he had declared the three defects before mentioned of the bishop of londons sentence against him . first that he was depriued vpon the first accusation . secondlie that hee was conuicted by no iury , wittnesses , or confession , but vpon not appearance . thirdlie that the sentence was not giuen by three , or more commissioners ioyntlie . all which are expresse clauses of their commission sleightly euacuated , as before you haue heard : he came to the fourth point , which is , that the statute wherby this supreame ecclesiastcall power was giuen to the queene herself by the parlament , hath a clause ; that such as should be named for commissioners must be naturally borne subiects . which his counsell said did not appeere by the special verdict of the iury , to haue been obserued , & consequentlie that the sentence was not good and auailable in law . heervnto ( saith m. attorney ) a threefold answere vvas giuen , and resolued by the vvhole courte . first , that they which were commissioners , and had places of iudicature , should be intended to be subiects borne , and not aliens , &c. quia stabitur praesumptioni , donec probetur in contrarium . the common presumption must bee followed , vntill the contrarie be proued . heer you see how much this answere weigheth . it seemeth to me that this matter might easilie in foure years haue been verefied , if the iudges had listed , whether these commissioners were aliens , or borne subiects , & not to reiect the plainteife now with this shaddow , of common presumption , that they might be presumed or supposed to be naturally borne . . secondlie , saith m. attorney the iurors haue found that the queene , by her said letters patents , did authorize them secundum formam statuti praedicti : according to the forme of the said statute that authorized her ; and therfore it doth by a necessarie consequence amount to as much , as if they had found , that they had been subiects borne . for if they were not subiects borne ( saith he ) they could not be so authorized secundum formam statuti praedicti . this is the second answere somewhat weaker ( as to mee it seemeth ) than the former , of presumption and common intendement . for heere , insteed of prouing that the commissioners were borne subiects , and consequentlie well anthorized ; he subsumeth , and inferreth the contrary , to witt , that they were authorized by the queene , secundum formam statuti praedicti . ergo they were borne subiects : as who would saie the queen , or those that counselled her , could not be deceiued or euill informed , or negligent in this point , about the obseruing of that clause : and yet this is all , that was answered by the court to this matter . which themselues ( belike ) considering , fell to deuise a third answere , more absurde and paradoxicall , than all the rest , which haue giuen the ground or argument of this sage fable or comedy , which m. attorney hath heere partlie reported , and partlie exhibited vnto vs , in this his booke , to the laughter of such as reade it , and doe consider the exorbitant vanitie therof . i shall set it downe in very few words . . when the forenamed sages did perceiue , that the former two answers to cauderyes fourth exception , against the queens commission , made out vpon vertue of the statute in the first yeare of her raigne , that gaue her all kinde of spirituall power , and iurisdiction did not satisfie , they fell vpon this third , that albeit the said queene , had not obserued the clauses , and conditions specified in the said statute for authorizing others in the like iurisdiction : yet had she authority otherwise , to make out such a commission , in that she was queene , and this by the vertue of her crowne , according to the auncient common laws of england .. you shall heare m. attorneys owne words in this resolution . this act ( saith he ) of the first yere of the late queene ( concerning ecclesiasticall iurisdiction ) was not an act introductorie of a new law , but declaratorie of the olde : which appeereth as well by the title of the said act , videlicet . an act , restoring to the crowne the auncient iurisdiction ouer the state ecclesiasticall & spirituall : &c. as also by the body of the act in diuerse partes therof , for that this act doth not annex anie iurisdiction to the crowne , but that which in truth was , or of right ought to be , by the auncient laws of the realme , parcell of the kings iurisdiction , and vnited to his imperiall crowne , &c. so as , if the said act of the first yeare of the late queene , had neuer been made , it was resolued by all the iudges , that the king or queene of england for the time being , may make such an ecclesiasticall commission , by the auncient prerogatiue , or law of england . thus hee . . and trulie i am sorye , that he affirmeth this strange paradox to haue been the resolution of all the iudges there present . but to the end that all may not seeme to haue entred into this solemne folly , it were good that their particular names were knowne , that resolued the same ; for certainlie , it will bee the most notorious iest , vnto forraine lawyers of all sortes , & vnto other graue , & learned men when it shall come abroad in other countryes ( as shortelie it will , for that m. attorney hath caused it also to be published in latin ) which hath happened in many years , if not ages ; & much laughter it will cause , & will celebrate , solemnlie m. attorneys name that is the reporter therof . for this matter toucheth not onlie england and english-laws , but all other countryes besides , who haue runne ioyntlie with england for many hundered years , in the self same conformity of catholicke religiou , and of temporall lawes confirming the same in ech countrey , and particularlie in this point of the popes spirituall authoritie vniuersally receiued : so as , for so much as their kingdomes being entyre empires , and monarchies , ( as ours is ) they must needs be said , to haue had this ecclesiasticall iurisdiction also in the highest degree , included in their kinglie right , as parcell of their imperiall crowne ; wherof insueth , that either they , and their learned counselours , lawyers , and sages , did not see or know the same , which had been great ignorance : or esteemed it not , which had been great negligence ; or ( which is most likely ) that our lawyers now will be thought by them ridiculous , to set forth such a strange paradox to the worlde , contrary to that which so many thousand sages of former tymes both in generall councells and otherwise , haue resolued , decreed , and determined , vpon better deliberation , and more searche , both of diuinity , history , and lawe , than these temporall iudges could doe vpon the suddaine in cauderyes case , howsoeuer m. attorney doth magnifye the same ; whoe as i heare by some that will seeme to reporte it from his owne mouth , he that is the reporter , is in great parte also the author , or at least wise affecteth to be thought so , as of a new witty inuention ; hauing often , and vnto many promised to proue it , and now hath begun to sett vpon it . we shall see with what euent . the second part of this chapter , vvith a more cleere explication of the question . §. i. . but before wee come to treate of proofes , we must consider of one circumstance of the matter more , which is of no small importance , for iudging of the whole , and this is the circuite of words , and multitude of darke and dazeling phrases , which the foresaid statute vseth , in deliuering , and setting downe the ecclesiasticall power & iurisdiction , giuen to q. elizabeth , to wit ; that all such iurisdiction ecclesiasticall , as by anie spirituall , or ecclesiasticall power , hath heertofore been , or may lawfully be exercised , for the visitation of the ecclesiasticall estate and persons , and for their reformation , order , and correction of the same ; and of all manner of errors , heresies &c. is given to the queene , with full power and authoritie , to assigne , nominate , and authorize others also , to exercise and execute vnder her highnes all , and all manner of iurisdiction , priuiledges , and preheminences , in anie wise touching or concerning , anie spirituall or ecclesiasticall iurisdiction , and to visit , reforme , redresse , order , correct , and amend , &c. . which words may seem by their often naming of visitation and visiting , that they meant onlie to make the queene a visitrix ouer the cleargie , which importeth much limitation of supreme power , and yet on the other side , they giue her all iurisdiction ecclesiasticall , that euer hath been heertofore , or may be exercised by anie ecclesiasticall authoritie or person ; and that both she , and her substitutes , haue all , and all manner of iurisdiction , priuiledges , and preheminences concerning spirituall affaires , as you haue heard . so as , on the one side , they seeme to restraine and limitt , not calling her head of the church , as before in the stile of k. henrie , and k. edward was accustomed , but rather a supreme visitrix , as by these words appeereth . and on the otherside they giuing her , all , and all manner of iurisdiction ecclesiasticall that by anie power , or person ecclesiasticall hath euer heertofore been vsed , or may be vsed ( including no doubt therin both the pope , and all other bishops , or archbishops , that euer haue exercised iurisdiction in england ) they make her spirituall head of the church in the highest degree ; giuing her the thinge , without the name , and dazeling the eyes of the ordinarie reader , with these multitude of words subtilie couched togeather . and why so thinke yon ? i shall breefly disclose the mysterie of this matter . . when k. henry the eight , had taken the title of supreame head of the church vpon him ; as also the gouernours of k. edward had giuen the same vnto him , being but yet a child of . years old : the protestants of other countries , which were glad to se england , brake more and more from the pope , whome they feared ; yet not willing insteed therof to put themselues wholie vnder temporall princes , but rather to rest at their owne libertie , of chosing congregations and presbyteryes , to gouerne ; began to mislike with this english stile of supreame head , as well the lutheranes , as appeereth by diuers of their writings , as also the zuinglians ; and much more afterward the caluinists , whereupon iohn caluin their head and founder , in his commentary vpon amos the prophet inueigheth bitterlie against the said title , and authoritie of supreame head taken first by king henry , and saith it was tyrannicall , and impious . and the same assertion he held during his life , as after by occasion , more particularlie shall be shewed . and the whole body of caluinists , throughout other countryes , are of the same opinion and faith , though in england , they be vpon this point deuided , into protestants and puritans , as all men know . . this then being the state of thinges , when q. elizabeth began her raigne , those that were neerest about her , and most preuailed in counsell , inclining to haue a change in religion , that therby also other changes of dignities , offices , and liuings might insue , and desiring to reduce all to the new queens disposition ; but yet finding great difficultie and resistance in many of the caluinists , to giue the accustomed title of headship , in respect of iohn caluins reprobation therof : they deuised a new forme and featute of words , wherby couertly to giue the substance without the name ; that is to saie , the whole spirituall power , & iurisdiction of supreame head vnder the name of visitrix , or supreame gouernesse , as in the oath of the same statute is set downe where euery man , vnder forfiture of all his lands and liuings , ( and life also in the third time ) is bound to sweare , and professe , that he beleiueth in his cōscience , that the said qneene is supreame gouernesse in all causes ecclesiastical in this sense ; and that there is no other spirituall power , or ecclesiasticall iurisdiction ouer soules in england , but this of the qneene , or such as commeth from her . and this was also the high iniquitie of this tragicall comedye among other ; that the whole realme being almost all catholike and of a contrarie beleife at that time , was forced to sweare , within thirtie daies after the said act , to this fantasticall deuise of giuing supreame authoritie spirituall to a woman , wherof by naturall , diuine , and humane law , she is not capable , ( as in the next chapter shall bee proued ) being a deuise of some few , in a corner first , and then procured by negociation to passe in parlament ; or els to incurre the daunger of the foresaid penalties ; that is to saie , either sacrilegiouslie to forsweare themselues against their consciences , or to vndoe themselues and theirs in wordlie affaires ; a hard and miserable choise . . but now to the point it self , what reall , and substantiall difference ( thinke you ) can their be imagined between the spirituall authortie of head-ship giuen vnto k. henry the . by the statute of the . yeare of his reigne , and this of visitrix or supreame gouernesse , giuen to q. elizabeth in the first of her reigne ? was not the self-same power and iurisdiction ment to be giuen ? and if there bee no difference in the thing it self why doe they fly the word in this , which they vsed in that ; and why doe they vse such large circumloquutions , of visiting , ordering , redressing , and the like ? for as for k. henries statute , it beareth this title . an act concerning the kings highnes , to be supreame head of the church of england &c. and in the statute it self it is said . be it enacted by the authoritie of this present parlament , that the king our soueraigne lord , his heirs , and successors , shall be taken , accepted , and reputed the onlie supreame head on earth of the church of england , called anglicana ecclesia . and the same title was . or . years after , giuen in like manner to k. edward the sixt , by the same authoritie of parlament , if in this case it had anie authoritie : anecting also therunto all iurisdiction spirituall whatsoeuer ; as it appeereth by a certaine declaration therof , made in the statute of the first year of the said king. it saith thus . that for so much as all authoritie of iurisdiction , spirituall , and temporall , is deriued and deducted , from the kings maiestie , as supreame head of these churches , and realmes of england , and ireland , and so iustlie acknowledged by the cleargie therof ; and that all courts ecclesiasticall within these said two realmes , be kept by no other power and authority , either forreine , or within the realme , but by the authoritie of his most excelent maiesty : be it therfore enacted , that all sommons and citations , and other processes ecclesiasticall in all causes of bastardy , bygamye , and such like , called ecclesiasticall shall be made in the name of our king. &c. and that in the archbishops , and bishops seals of office ( for testisying of this ) the kings highnes armes , be decentlie sett with characters vnder the said armes , for the knowledge of the diocesse : & that they shall vse noe other seale of iurisdiction , but wherin his maiestyes armes be engraued , &c. . lo heere , not onlie the name , and authoritie of head of the church giuen to k. edward the child , and taken from the pope ; but all iurisdiction also , and signe of iurisdiction spirituall taken from the archbishops , and bishops of england , excepting onlie so far forth as it was imparted vnto them by the said child k. which importeth much , if you consider it well : for this is not onlie to haue power , to visitt , and gouerne ecclesiasticall persons and to reforme abuses & . set downe in the queenes graunt by parlament ; but to haue all ecclesiasticall and spirituall power , and iurisdiction originallie included in his owne person and so to be able from him self , as from the first fountaine and highest origen on earth , to deriue the partes & parcells thereof to others , which you may consider how different it is from that which here the statute would seeme to ascribe to the queene , and opposite and contrarye to all that which the ancient fathers in the precedent chapter did affirme , & protest not to be in their kings and emperours at all , but in bishops and preists onlie , as deliuered immediatlie to them by christ our sauiour , and by them , and from them onlie to be administred to others for their saluation . but by this new order of the english parlament , the contrarie course is established , to witt , that it must come to bishops and preists , from a laie man ; yea a child , and from a lay-woman also , as the other parlament determineth , and then must it needs follow also ( as after more larglie shall bee proued ) that both the one , and the other ( i meane k. edward , and queen elizabeth ) had power , not onlie to giue this ecclesiasticall iurisdictiō vnto others ; but much more , to vse , and exercise the same in like manner in their owne persons if they would , as namelie to giue holie orders , create , & consecrate bishops , confirme children , absolue sinnes , administer sacraments , teach , and preach , iudge , and determine in points of faith and beleife , sitt in iudgement vpon errors and heresies , and the like . and this for k. edward . . now then if it may be presumed , ( as i thinke it may ) that queene elizabeths meaning was , to haue no lesse authoritie spirituall , and ecclesiasticall giuen vnto her , and acknowledged in her , then her said father and brother had vsed before ; why did not the makers of this statute set it downe in plaine words as the other did , but disguised the matter , by such māner of speach as they might seeme to giue but little , wheras they gaue all , and more then all ? the cause was that which i haue said before , for which they laboured not to be vnderstood of all men , but to speake , as it were in mysterye ; not to offend so publikelie the caluinists , and yet to include matter inough , to ouerthrow catholikes . but the said exacter parte , and purer caluinists , quicklie found out the matter , and so they began verie shortly after to mutter and write against this , and diuers other points of the statute , and so haue continued euer since ; and the controuersie betweene them , is indeterminable . . well then , for so much , as now we haue laid open the true state of the question , and that m. attorney is bound to proue his proposition in this sense and explication , that heere is sett downe out of k. henry , and k. edwards statutes , to witt that q. elizabeth had all plenarie power of spirituall iurisdiction in her self , to deriue vnto others at her pleasure , as from the head , and fountaine thereof . and that no bishop , archbishop , or other ecclesiasticall person within the realme , had , or could haue anie spirituall power , or iurisdiction , but from the wellspring , and supreame sourge thereof . and this not onlie by vertue of the foresaid statute of the first yeare of her raigne , but before , & without this also by the verie force of her princely crowne , according to the meaning of the old , and most auncient cōmon laws of england . it will be time now to passe on to the veiw of his proofes , which for so new , strange , and weightie an assertion that toucheth ( if wee beleiue the former alleadged fathers ) the very quicke , and one of the neerest means of our eternal saluation or damnation , ought to bee very cleere , sound and substantiall ; we shall see in the sequent chapter what they are . vvheras in the case proposed , there may be tvvo kindes of proofes , the one de ivre , the other de facto ; m. attorney is shewed to haue fayled in both : and that we doe euidently demonstrate in the one , and in the other . and first in that de ivre . chap. iiii. that the late queene of england had such plenary ecclesiasticall power , as before had byn said , & this by the intent & meaninge of the old ancient common-lawes of englād ; though vnto me & to many others , it seeme a most improbable paradox , and doe meane afterwardes , by gods assistance , to prooue and euidently demonstrate the same , and shew that from our first christiā kings vnto k. henry the eight , the common-lawes of our land , were euer conforme and subordinate to the canō ecclesiasticall lawes of the roman church in all spirituall affayres : yet for so much as m. attorney hath taken vpon him , to prooue the contrary , two heades of proofe he may follow therin . the first de iure , the second de facto . and albeit he entitle his booke according to the first , to witt , de iure regis ecclesiastico ; yet doth he nothing lesse then prosecute that kind of proofe , but rather flippeth to the second which is de facto , endeauoring to prooue , that certaine kings made certaine lawes , or attempted certaine factes somtimes and vpon some occasions , that might seeeme somwhat to smel or taste of ecclesiasticall power , assumed to themselues in derogation or restraint , of that of the bishops , popes , or sea of rome . . now albeit this were so , and graunted ( as after it will be reproued ) yet well knoweth m. attorney that an argument de facto inferreth not a proofe de iure . for , if all the factes of our kings among others , should be sufficient to iustifie all matters done by them ; then would ( for example ) fornication be proued lawfull , for that some of them are knowne to haue had vnlawfull children , and left bastardes behinde them : and the like we might exemplify in other things . neither doe i alleadge this instance without peculiar cause or similitude ; for as in that vnlawfull act of the flesh , they yelded rather to passion and lust , then to their owne reason & iudgment , knowing well inough that they did amisse , when they were voyd of the same passion : so in some of these actions of contention , about ecclesiasticall iurisdiction , some of them were byassed with interest somtymes , by indignation , ielousy , & other like motiues to doe or attempt that , ( especially in these later ages ) which reason and religion did not allwayes approue , nor themselues nether vpon more mature deliberation . and yet doe i not graunt that m. attorney bringeth any thing of moment in this kind of proofe de facto also , as after shall appeare , though all his pretences of proofes be in this kind only . . for , as for the first , though he entitle his booke de iure as you haue heard , yet little or nothing doth he alleadge therin worthie to be repeated : only he hath one argument mencioned and refuted by vs before in the second chapter of this answere : which is that the kingdome of england being an absolute empire and monarchie , consisting of one head , which is the king , and of a body politicke deuided into two generall partes , the clergie and the layty : both of them next vnder god , must be subiect & obediēt to the same head in all causes , for that otherwise he should be no perfect monarch or head of the whole bodye &c. . but to this the answere is playne , by the groundes we haue laid downe in the same chapter , of the different origen of spirituall and temporal power , and that it is sufficient to any temporall monarch and to the perfection of his monarchie , that all sortes of people throughout his dominions , as well clergie as layty , be subiect vnto him in all temporall affayres : and that with this perfection of monarchie were content both constantyne the first christian emperour , & also valentinian , gratian , theodosius , arcadius , honorius , iustinian , and other emperours that eusued after him , as also charles the great in france with his successours & all our english kings before k. henry the eight , who esteemed themselues for greate perfect monarches ouer their people ( as in deed they were ) without this chalenge of spirituall iurisdiction in ecclesiasticall matters . and therfore the said greatest emperours , were content also to beare patiently , and christianly the denyall therof in diuers occasions , by their good bishops & prelates , s. basil , s. gregory nazienzen , s. ambrose , & s. chrysostome , yea and checkes also for vsurping somtymes , either by themselues , or their officers , vpon ecclesiasticall power that belonged not to them ; wherof many examples might be alleadged , and some haue bene touched * before in the place mencioned . for to this end was that admonishment of s. gregory nazienzen to the emperour valentinian , that he should vnderstand , that he being a bishop had greater authority than the said emperour . to the same effect likwise was the resolute speech of s. ambrose vnto the same valentinian , nolite grauare imperator . &c. trouble not your self , emperour , in cōmāding me to deliuer the church , nor doe you perswade your self that you haue any imperiall right ouer those things that are spirituall or diuine ; exalt not your self , but be subiect to god if you will raigne ; be content with those things that belong to cesar , and leaue those which are of god vnto god. pallaces appertaine to the emperour , and churches vnto the priest. you haue right ouer the walles of the cyttie , but not vpon sacred howses . so he ; and the same s. ambrose some . or . . yeares after , vsed the like speech of superiority in spirituall matters to the good emperour theodosius checking him greiuously , yea keeping him out of the church , and holding him vnder excommunication , for eight monethes togeather . and when the said good emperour came humbly on foote unto him , saying : ora vt mihi soluas vincula , & ne mihi occludas ianuam . i beseech you loose my bandes and shutt not the church doore against me ; the other answered , what pennance can you shew me that you haue done since the committing of your greiuous sinne . &c. . and the like libertie of speech might i alleadge out of s. chrisostome , where speaking of the presumption of king ozias , that would meddle in spirituall matters vsed this apostrophe vnto him , mane intra terminos tuos , aly sunt termini regni , alij termini sacerdoty : hoc regnum illo maius ; stay king within thy bounds and limitts , for different are the boundes of a kingdome and the limitts of priest-hood , and this kingdome ( of priest-hood ) is greater then the other ; wherof he yeldeth this reason a little after , regi corpora commissa sunt , sacerdoti animae ? the bodyes be committed to the kinge , the soules to the priest. and in the next homily following he inferreth this conclusion : ideoque deus &c. therfore hath god subiected the head of the king , to the handes of the priest ; instructing vs therby that the priest is a greater prince , then the king ; for that ( according to s. paul ) the lesser allwayes receaueth blessing from the greater , and more eminent . other fathers sayings to the same effect i purposely omitt for breuityes sake , but by these few m. attorney may see , how he is deceiued in placing the perfection of a temporall monarchie , in hauing spirituall iurisdiction ouer priestes in ecclesiasticall affayres . . we read that when constantius the emperour some to constantyne the great , tooke vpon him to fauour the arrian heresye , he called vnto him diuers catholike bishopps , as s. athanasius doth relate and setteth downe their names , willing them to subscribe to that which he had appoynted for the bannishment of the said s. athanasius , and communion with the arrians : quibus admirantib●● &c. who marueling ( saith he ) at this commandement , as a new thing , and telling him that this was not according to the ecclesiasticall canons , the emperour replyed , i will haue that held for canon which i doe appoint , either obey or goe into banishment ; wherat they more wondering , and holding vp their hands to heauen , did with libertie propose their reasons vnto him , telling him that his kingdome was not his , but from god who had giuen it vnto him , and that it was to be feared least he would take it againe from him , and finally denounced vnto him the last daie of iudgement , persuading him that he should not peruert the course of ecclesiasticall affayres , nor intermeddle his roman empire , in dealing with ecclesiasticall constitutions &c. so athanasius of these good bishops . . and vnto the same emperour , a little after , that great and famous confessor osius , who among the rest had sitten as iudge in the nicene councell , vpon like occasion , wrote this graue and important admonition : define quaeso , & memineriste mortalem esse , resormida diem iudicij , &c. leaue of , i beseech thee , ô emperour , and remember that thou art mortall , feare the day of iudgement , and keep they self pure from this kind of synne , and doe not intermeddle with ecclesiasticall causes . do not vse commandements to vs in this kinde , but rather learne of vs god hath committed the empire vnto thee , but vnto vs the things that appertaine to his church ; and as those , that malignantly doe carpe at thy empire , doe contradict the ordinance of god ; so beware thou , least by drawing vnto thee those things that appertayne vnto the church , thou doe inuolue thy selfe in a hainous synne , giue vnto cesar those things which are of cesar ( saith the scripture ) and to god those things that are of god ; & therfore as yt is not lawfull for vs to meddle with thy earthly empire ; so hast not thou power , ô emperour , ouer sacred things ; which i write vnto thee for the care i haue of thy saluation . &c. . and doe you see here this liberty of speech in ecclesiasticall prelates of the primitiue church , towards their kings aud emperours ? doe you see what difference and distinction they make betwene ecclesiastical & temporal power ? & yet we read not that any attorney or aduocate of these emperours , did euer accuse these bishops of treasō for speaking as they did , or once obiected that they meant hereby to take away any parte or parcell of their entire and absolute monarchies . no though s. athanasius for his parte went yet further ; for when he saw that all these admonitions , and reprehensions would not preuaile , but that the said constantius went forward to intermeddle more , and more in ecclesiasticall affayres ; he wrote thus in the same epistle . i am d●nuò in locum ecclesiasticae cognitionis suum palatium tribunal constituit , &c. now againe hath the emperour constantius made his pallace a tribunall of ecclesiasticall causes , in place of an ecclesiasticall courte , and hath made himself the chiefe prince , and author of spirituall pleas . &c. these things are grieuous and more then grieuous , but yet are such as may well agree to him that hath taken vpon him the image of anti-christ , for who is there , that seing him to beare himself as prince , in the determyning of bishops causes , and to sitt as arbiter in ecclesinsticall iudgemēt , will not worthily say , the abhominatiō foretold by daniel to be now come , &c. so he . and there were no end if i would prosecute all that might be said out of the sense and iudgement of the ancient fathers against this first argument of m. attorney , that tēporall princes are not absolute monarches , except you giue them spirituall iurisdiction also . but we must be myndfull of breuity and so this for the first shall suffice , remi●ting you to that which hath bin spoken more largly hereof in the second chapter before . . an other argument yt seemeth m. attorney would insinuate ( for vrge it he doth not ) by the consideration of two tribunalls or courtes of the king of england : the one temporall , the other ecclesiasticall , and seuerall causes belonging vnto them . you shall heare it out of his owne speach , and then iudge if it make for him or against him . the kingly head ( sayth he ) of this politike bodie , is instituted and surnished with plenary and entire power , prerogative , and iurisdiction to render iustice and right to euery parte and member of this bodie , both clergie and laytie , of what state , degree , or calling soeuer , in all causes &c. and as in temporall causes , the king by the mouth of the iudges in his courtes of iustice , doth iudge and determine the same , by the temporall lawes of england ; so in causes ecclesiasticall , & spirituall , as namely blasphemy , ●●st●●y from christianity , heresies , schismes , ordering , admissions , institutions of clerkes , rites of matrimony , diuorces , & otherlike ; the conusaunce wherof , belong not to the common-lawes of england ; the same are to be determined and decyded by ecclesiasticall iudges , according to the kings ecclesiasticall lawes of this realme . so m. attorney making this note in the margent : vvhat causes belonge to the ecclesiasticall courtes ; see circumspecte agatis . yeare of edward the first , &c. and vvest . . and . edward . ● cap. . art . cleri edward . . . wherunto though i might oppose the authority , and speaches of all the auncient fathers , before mencioned that in this matter of diuinitie , ought to weigh more with vs then any particular ordination of secular lawes , though they were against vs , yet in this case i dare ioyne yssue with m. attorney vpon this very argument , which he hath alleadge , for that truly i doe not see what could be produced more effectually either against himself , or for vs , then here is sett downe . for as we willingly graunt the former part of his speach , to witt , that the kingly head of the politicke body , is instituted and furnished with plenarie power , to render iustice , and right in all causes that belong to his ●●●●ticke and temporall gouernment , endes , and obiects therof ●o all persons of his realme as before hath bene declared : so heere the very naming of two generall partes of the kingdome , which m. attorney graunteh , that the ancient law of england deuideth into clergy , and laytie and the mencioning of two seuerall courtes , and distinct causes to be handled therin , by distinct iudges , in such manner , as the one cannot haue conusaunce of the other , inferreth plainly two distinct powers , descēding from two distinct origens , the one temporali the other ecclesiasticall ; and so doe the places quoted by him , of circumspectè agatis , westm . the second and articul . cleri vnder k. edward the first and second most euidently declare . . and first i would aske m. attorney what the distinction of clergie and laity doth meane ; not made or brought in first by our common-lawes ( as he would insynuate when he saith that the lawe deuideth our politicall body into two generall partes , the clergie & the laity ) but rather instituted by the * apostles themselues , and admitted only by our cōmon-lawes , and continued from that tyme to ours , as before hath bene shewed . this distinction ( i say ) of clergie and layty wherof the former signifyeth the portion of god , that is to say , those persons that be peculyarly appropriated to the seruice of almighty-god : the other of laity taking their name of from the common people , i would aske of m. attorney what it importeth , & especially in this case of queene elizabethes supreme primacy ? doth it not argue a distinct order of men , gouerned by distinct lawes , distinct iudges , and distinct power & iurisdiction ? but you will say the queene was head of them both , and we grannt it , as they are members of one common-wealth , but in their seuerall distinction and seperation , as they are clergie and lay people , she could not be of both , but of one only , to witt of the laity : for that no man will say that she was also a clerke , or of the clergie . and yet in this partition , no man will deny , but that the clergie is the worthier parte and member , and so is placed first in all our lawes : wherof is inferred that the said clergie , as clergie , is of a higher degree , according to our common-lawes , then the temporall prince , which is of the laitie only , and not clerke , as in q. elizabeth is confessed ; and consequently she could not be head of the clergie , as clergie , that is in ecclesiasticall clergie matters , belonging to religion . wherof we may take a notable example from the great emperour valentinian the elder , who refused to be present , ( and much more president ) in certaine conferences about religion betwene the catholicke bishops & the arrians , vpon consideration of these two distinct orders of clergie and lay-men , though he were inuited therunto by catholicke bishops themselues . mihi quidem ( saith he ) cum vnus de populo sim , fas non est talia perscrutari , verum sacerdotes qui bus haec cura est , apud semetipsos congregentur vbi voluerint . vnto me that am but one of the lay people , it is not lawfull to examine such things ( as appertayne vnto religion ) but let priests , to whome this care is committed , meet togeather amōg themselues to discusle the matter where they will. so much was this distinction between lay-men and priests esteemed by this auncient christian emperour . . secondly i demaund of m attorney concerning his distinction of courtes and causes to be handled therin , temporll & spirituall , how it commeth to passe , that the conusaunce of such causes as here he calleth spirituall , belong not , as he saith , to the common-lawes of england : no , nor ( as presently after he affirmeth ) could not belong : for that they are not within the conusaunce of the sayd common-laws . and why is this , i praye you ? for if the temporall prince be equallie head in both causes , and in both iurisdictions , and that the power to knowe , discerne & iudge in both sortes , doe descend only from the temporall prince , as before out of the statute of king edward the . you haue heard , by the statute-makers determined , and m. attorney confirmeth euery where in these reportes : then should the common-lawes of our realme which are the temporall princes law be cōmon indeed according to their name to all causes , aswel spirituall as temporall , for that their author and origen , which is the king , hath equall power , & iurisdiction in both , for that it is a maxime vncontrollable , that , according to the iurisdiction of the l●w maker , vertue and power of the law doth extend it selfe . and then doth m. attorney affirme that the conusaunce of so many ecclesiasticall causes as he setteth downe , is not within the compasse of our common-lawes , or what compasse will he assigne or lymitt to that princes lawes , that according to this assertion , hath power in all ? is not this to contradict himself , and to ouerthrow with the one hand , that which he goeth about to establish with the other ? for , if the kings power be common to both causes , aswell ecclesiasticall as temporall , then must the kings common-lawes be common to both courtes and matters therin handled . . but let vs see a certaine sleight or euasion of his worth the noting : as in temporall causes ( saith he ) the king by the mouth of the iudges in his courtes of iustice , doth iudge and determyne the same by the temporall lawes of england ; so in causes ecclesiasticall , as blasphemy , apostacy . heresyes , ordering , institutions of clerkes , &c. the same are to be determined and decyded by ecclesiasticall iudges , according to the kings ecclesiasticall lawes of this realme . marke here ( gentle reader ) how m. atnorney playeth wyly beguyly ; for according to the proportion of his cōparison , he should haue cōcluded thus : so the king by the ●outh of his ecclesiasticall iudges , doth iudge and determine the said spirituall & ecclesiastical causes , by his owne ecclesiasticall lawes . but this he foresaw would include this great inconuenience among others , that if he said , that the king did iudge & determine by the mouthes of his spirituall iudges the aforesaid spirituall causes , as he doth the temporall , then might he doe the same , yea and exercise them also immediatly by himself , if need were , aswell as by others ; for in all temporall iudgments and affayres , the king may sit himself in courte , and performe in person whatsoeuer his officers , by his authority doe or may doe : which yet m. attorney saw would be somwhat absurde to graunt , in the spirituall causes proponed by him of blasphemy , ordering of priests ( or giuing holy orders ) institutions of clerkes , celebration of diuine seruice , and the like , to witt , that the king should performe them immediately in his owne person ; for who would not say it were absurde ( for example ) that the king should sing , or say the common seruice to the people ; or administer the sacrament of absolution or marriage , or giue holy orders , and the like : which yet the bishop of rome and all other bishops or prelates , neuer so great doe & may doe without inconuenience . and in truthe it followeth euidently that he , who can giue authority or power for another to doe a thing as from himself , and in his name , may performe the same in person also if he list , at least wise it cannot be vnlawfull for him so to doe . and therfore coming to the application of his comparison , he changeth his phrase , and saith , that the same are to be determined and decyded by ecclesiasticall iudges , according to the kings ecclesiasticall lawes of this realme . . wherin you must note another shifte more poore and silly , then the former ; for that hauing declared vnto vs before that there are two generall partes and members of the realme , to witt the clergy and the laity , and that these two haue two seuerall tribunalls in their affaires , gouerned by two sortes of different lawes , temporall and ec●lesiasticall , common and canon , and these deriued from two different authors and origens ; the common-law from the temporall prince and commonweath , ecclesiasticall from others , saith m. atorney , but specifieth not from whom , or whence , though all the world knowe , that they come originally from the church & sea apostolique : ( all which inferreth distinct originall iurisdictions ) m. attorney by his great witt hath deuised a newe sleight neuer perhaps yet heard of in the world before which is to make these ecclesiasticall lawes though deriued from others , to be the kings owne lawes , for that he approueth and alloweth them within the realme ; and consequently that all lawes both temporall and spirituall doe come from the king , as their author : which is a token that he hath full supreame power . and this singular deuise pleaseth him so well , as he repeateth the same sundrie tymes in this treatise . you shall heare the same in his owne words in this place , & how dangerous and preiudicyall a conclusion he buildeth vpon the same , against catholiques . . for as the romans ( saith he ) fetching diuers lawes from athens , yet being approued and allowed by the state there , called them notwithstanding , ius ciuile romanum . and as the normans borrowing all or most of their lawes from england , yet baptized them by the name of the lawes , or customes of normandy ; so albeit the kings of england , deriued their ecclesiasticall lawes from others , yet so many as were approued and allowed here , by , and with a generall consent , are aptly & rightly called the kings ecclesiasticall lawes of england , which whosoeuer shall deny , he denyeth that the king hath full and plenary power , &c. and consequently that he is no cōplete monarch , nor head of the whole entire body of the realme . , you see whervnto this deuise tendeth to make yt a matter of treason , to deny this fancy of m. attorney , that for so much as the canons , and ecclesiasticall lawes of the church , made by popes and by generall councells , from tyme to tyme , and receued vniuersally for spirituall and ecclesiasticall matters throughout the christian world , were receued also and allowed by the kings comnn wealth of england . ( which was an euident argument of their acknowledging of the said ecclesiasticall iurisdiction of the church , and spirituall gouernours therof ) of this approbation and allowance , he would inferr , that these lawes were the kings lawes , though deriued , as he sayth , from others ; that is to say from popes and bishopps . at which inference i doubt not , but that his fellow-lawyers will smile . and truly , i am sory that he being accoumpted so great a man in that faculty , which is wont to reason well , hath giuen so manifest occasion of laugther . for that euery puney & young student of law , will see by common reason , that the admitting of an other mans lawe , doth not make it his lawe , or that he had power to make that lawe of himself , but rather to the contrary it sheweth , that the admitter acknowledgeth the other for his superiour in all matters contained vnder that law ; for the power of making lawes , is the highest power that principally proueth dominion in any prince , and the admitting and obeying therof by another prince , is an euident argument of inferiority and subiection ; and so here the admitting of the popes ecclesiasticall and canon-lawes , was an argument that the admitters acknowledged his supreme authority in ecclesiasticall affayres . . neyther is m. attorneys example of the romans or normans any thinge to the purpose all ; for that the romans did not take from the athenians any formall lawes made by them , for the gouernment of the romans ( for that had been to acknowledg superiority as before hath bene said ) but rather they taking a suruey of all the grecian lawes , aswell of athens as other common-wealthes or states , they tooke parcells therof here and there , and applied the same to their common-wealth , which was properly to make lawes of them selues . and the like may be sayd of the normans , if they borrowed any of their lawes from england ; which yet i neuer read in any author besides m. attorney , but rather that the normans gaue lawes to england . . but nowe in the canon-lawes receiued in england for almost a thousand yeares together after our first conuersion , the matter is farr different ; for that these were receiued wholy and formally , as lawes made by another superior power in a different tribunall & different causes , & sent expresly to england , and to all other christian kingdomes , to be receiued and obserued , and some also out of the same ecclesiasticall power made within the land , by synodes and prelates therof , and promulgated to be obserued both by prince and people formally and punctually as they lay ; and so were receiued , admitted , allowed , and put in execution by the said prince and his officers , except perhaps some tymes , some clause or parte therof might seeme to bring some inconuenience to the temporall state ; for which exception was made against it , and the matter remedied by common consent . and this was another manner of admitting lawes , then the romans admitted some peeces of there lawes from athens , or rather translated some pointes of the athenian lawes into theyrs , which was to make them selues maisters of thus lawes , and not receiuers or admitters . and finally wee see by this , to what poore and pittifull plight m. attorney hath brought the title of his booke , de iure regis ecclesiastico . of the kings ecclesiasticall law , to witt that it is the popes ecclesiasticall law● in deed , made and promulgated by him and his , but receiued and obeyed by the king , and consequently not the kings law , but the popes . . wherfore to conclude the first part of this chapter , for so much as m. attorney by these two arguments de iure , ( which are the only he mentioneth ) hath proued no right at all of supreme spirituall iurisdiction , to haue accrewed to q. elizabeth by the title and interest of her temporall crowne , but rather the contrary , to witt , that both his arguments haue proued against himself : we see therby how vnable he is to proue his said affirmatiue proposition , by this first head and sorte of proofe de iure . i shall now in the second part of this chapter endeuour to prooue the negatiue , by as many sortes of rightes and lawes as any thing may be proued , that is to say not only by canonicall & ciuill lawes , but by law of nature also , of nations , mosaycall , euangelicall , and by our ancient common-lawes of england ; all which doe concu● in this , that q. elizabeth being a woman could not haue any supreame spirituall power or iurisdictiō in ecclesiasticall matter● . the second part of this chapter , vvherin is shevved that q. elizabeth in regard of her sex , could not haue supreame ecclesiasticall iurisdiction . §. i. . first then , being to performe this , we are professe in this place , that we meane not to imitate the proceeding of some protestants in this behalf , who following no certayne rule of doctrine , no● moderation in their doings or writings doe passe to extreames , & therfore feeling themselues greiued vnder q. maryes raigne , with the course of catholike religion then held , tooke vpon them to publishe that women were not capable of any gouerment at all , temporall , or spirituall , nor to be further obeyed , than they would make reformation in religion ( for so they called it ) comforme to their willes and prescriptions , as appeareth by the bookes , writings , and actions both of goodman ; vvhitingham , gilbye , knockes & others , who taking their fire of fury from geneua , sought first to kindle the same in england , and being repulsed thence , brake into open flames of combustion in scotland , and neuer coassed , vntill it brought two noble queens , mother and daughter to their ruyne ; and afterward put their heire and successor into such plunges , by those and other heades of like doctrine , and desperate attemptes answerable therunto , as gods right hand did only preserue him from like ruyne . . but we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine , we graunt that queens may lawfully raigne & inherite that successiō , which euery countrey by their peculiar lawes doth allow them . the great kingdome of france doth excude them , & so doe many lesser states in italie , and germany and other countryes , yet doth spaine , england , scotland and flanders admitt them for preuenting other inconueniences when male-sucessors doe fayle . so as for this point of q. elizabeths temporall gouerment , we haue no controuersie in this place : if any fell out betweene her and the bishop of rome , whose authority she tooke from him , and applyed it to her self , and many otherwayes exasperated him ; that fact appertayneth not to vs , that are priuate men to iudge , especially in this place where our question is only of spirituall iurisdiction in ecclesiasticall causes , which that it could not be in a woman in regarde of her sex , all catholique deuines doe proue by these reasons following . . first by the disposition of the canon-law , which contayning the sense of gods vniuersall church , from time to time , both in the right and practise of this affayre of spirituall gouerment , ought to be , and is with wise , learned , & godly men , of principall accompt , credit , and authority . for that the said canon-law is deduced from the decrees of councells , synodes , popes , auncient fathers , doctors , and bishops , and from the custome and practise of the said church from time to time directed by gods holy spirit according to his promise , and receiued throughout all christendome from age to age , though now contemned by certayne new maisters , whose maistery standeth in this , to scoffe at that which they vnderstand not , or list not to follow , be it neuer so good . . this law then and iudgment of the church is so far of , & euer hath been , from graunting spirituall iurisdiction to be in any queene , as in capite , by right of any temporall crowne , & to be deriued from her to others ; as it doth not allow any woman , to be capable of any spiritual power or iurisdiction , though it be but delegated , & giuen by commission & substitution from another , as appeareth by the textes of canon-law cited heere in the margent . and the princypall reason herof is , that all spirituall power being of two sorts , ordinis & iurisdictionis of holy order , & iurisdiction , the femynine sex is capable of neither of them . not of the power of order , saith s. thomas , which belongeth to the administring of sacraments , for that a woman by her sex cannot administer them , nor is capable of preist-hood , or sacred orders required therunto . and in this both caluin and cluinists agree with vs , though luther at the beginning held that all christians baptized might be preists and administer sacraments , aswell women as men ; yea children , and diuells also , if they vsed the wordes , & institution of christ , as in the places of this worke● here quoted may be seene . . the second part of spirituall power , appertayning to iurisdiction , either internall or external in fore conscientia or in sore contentioso that is to absolue or loose in the secret trybunall of conscience , or in the open court of externall contention , cannot fall vpon a woman , for the infirmity and indecency of her sex , saith the * canon-law , and for many other absurdities that would ensue therof , if a woman should be admitted to the actes of ecclesiasticall iurisdiction , which are principally two , docere , & iudicare saith the said law , to teach and iudge , wherof neither of them standeth well in a woman to exercise ouer men ; the same lawe noting , that albeit christ our sauiour loued well mary magdalen , and other holy women that followed him , and serued him vnto his death ; yet is it neuer read , that he committed any part of iurisdiction in gouerning his church , vnto them ; no , not vnto the blessed virgin his mother , though she were replenished with grace & full of the holy ghost . and this of the canō-law . . for the ciuill , albeit little occasiō was giuen therin amongst the ancient heathen romanes the chief authors therof , to talke of of this controuersy of spirituall iurisdiction , their whole subiect being of temporall , & ciuill affayres ; yet in a certayne treatise de regulis iuris of the rules of that law , they haue this direction ; faeminas remotas esse ab officijs publicis , & ideo iudices esse non posse . that women are to be remoued ( by the ciuill law ) from all publique offices , & therfore cannot be iudges . and if in ciuill matters , by that law they could not be iudges , how much lesse can they be supreame iudges in spirituall causes , which are of a far higher dignitie , and indecency for women to meddle therin . all which better appeare by that which is to eusue , out of the law both of nature , and grace , which are the groundes of these ciuill , and canonicall constitutions . for as the ciuill law followed the one , so the canon followeth the other , or rather both , for that both proceed from god , and are his lawes . . to consider then of the law of nature , which is common to all nations ; we read in the booke genesis , that the order obserued by god in the creation of man and woman was this ; that first adam and all other creatures were made , and placed in paradise , and afterward eua was created for man , and out of man , and to the liknes of man , as man was created before to the likenes of god. out of which order of creation , s. paul doth in diuers places gather the naturall subiection of woman vnto man , ( especially in spirituall matters appertayning to god ) to be eternally established by this law of their creation . . for when to tymothie he had said , docere autem mulieres non permitto , neque deminari in virum , i doe not permitt women to teach , nor to haue dominion ouer her husband , he addeth presently for his reason , these words . for adam was first created and then eua ; and adam was not seduced , but the woman was seduced . and the same apostle writing to the corinthians about a certayne precept and ordination of his , that woman should be couered in the church , & men not , and men to haue their hayre cutt , & women not , in signe of subiection , and subordination the one to the other , he saith , i doe prayse you , brethren , for that you are mindfull of me in all things , and doe obserue my precepts , as i deliuered them vnto you . i will haue you knowe that christ is the head of euery man , and man the head of the woman , and god the head of christ. and as euery man that prayeth , or prophesieth with his head couered , dishonoreth his head ( which is christ ) so euery woman praying or prophesying with her head not couered , dishonoureth her head ( which is man ) and the man ought not to couer his head , for that he is the image , and glory of god ; but the woman is the glory of the man ; for man was not made of the woman , but the woman out of man , not was the man created for woman , but the woman for man , &c. ipsa natura docet vos . nature it self doth teach you , &c. . now then out of these deductions from the law of nature ; so much vrged , as you see by s. paul for subiection , and subordination of women , euen in little small points , concerning religion , as about speaking , teaching , and veiling their heads in the church ; it may be inferred how earnest the same apostle would haue bene , if the question had been propoūded about the highest poynt , honour , & office of religion , which is to exercise the place of christ , by mediation betweene god and man , and to be as it were high-priest , and president ouer men , in matters belonging to their soules ; for in this case all this law of nature , would be broken and the women should be head ouer men , in the highest degree , and so should not be the glory of the man as s. paul saith , that is , subordinate to his glory ; as he is to the glory of christ , and christ to the glory of god ; but the man should be her glory , that is to say , subordinate to her in iis quae sunt ad deum . in those things that appertaine to god : yea she should be mediatrix betweene him and god , in place of him , that is chiefe priest . and so all this first naturall institution of god should be wholy peruerted , broken , and turned vpside-downe . . neyther is it of any force , to obiect ( as some doe ) that a woman may be head of men in temporall affaires , as queenes are , for that god hath left this free to m●n , to dispense in the vse of their naturall priuiledge of superiority for temporall gouernment , and to appoyn● women to gouerne them , for auoyding worse inconueniences , when there are no heyres-male to succeed , as before hath been said . but the matter is farr different in spirituall gouernment , which dependeth immediatly of god himself ; and was deliuered by him to men , & not to women ; and so hath been continued , throughout all ages from adam to our dayes ; and vnder all lawes , both of nature , moyses , and christ. for in the law of nature , the first borne-male among the patriarches was alwayes head of the family , both in temporall and spirituall matters , and consequently also priest. and in the law of moyses the said priesthood , and presidency in spirituall matters , was annexed vnto a tribe of men , and no woman admitted therunto . and much more in the law of the ghospell as presently we shall declare ; and so we may conclude that from eue , to elizabeth there was neuer woman that was supreame head , concerning matters of religion , before her self ; so singular was she and her case in this point . . now then for the euangelicall law , meaning , and sense of our sauiour iesus christ , in founding of his christian church , that it was not to leaue any part or parcell of the spirituall gouerment and iurisdiction therof vnto any woman ( and much lesse the supreme in any kingdome or countrey ) besides that which before hath been cyted , and pondered out of s. paul that , women may not teach or speake in the church ( which yet is a necessary part to be able to doe if need require ) and that which the canon-law putteth in cōsideration , that christ left no part of ecclesiasticall gouerment , either to his mother , or to any other of his women-disciples ; besides all this ( i say ) it is not hard to shew , out of the very institution of gods church from the beginning , and the establishment and perfection therof , when christ came in flesh , he excluded cleerly women from all dominion therin . . fo● proofe wherof , first we are to suppose , according to the vnderstanding of all ancient fathers , and declaration of scripture it self in many particulars , that concerning the worke of our first creation , and all ordinan●●● depending theron , as also the miracles , and highest actions that fell out afterwards , from that creation to the tyme of our redemption , when any thing is ascribed peculiarly to gods hand , saying that god did this , or god did that , we must vnderstand it princypally of the second person in trinity sonne of god himself , who as he was to come downe to take our flesh and redeeme vs , and to make vs his church , his kingdome , his body , his price , his glory : so to that end did he create vs also , according to that saying of s. sohn . omnia per ipsum facta sunt . all things were made and created by him : and s. paul speaking of those myraculous assistances giuen to the people of israell , going forth of egipt , doth ascribe the same euery where to christ. as doth s. iude also , saying , i would haue you to knowe , brethren , that iesus , ●● first he saued the people of israell , that he brought out of egipt , so afterwards those that beleeued not , he destroyed . . this being supposed , we are to note further , that as christ created adam as the first head of his church heere on earth vnder himself , and made him lord of all both temporall and spirituall and as priest to offer sacrifice ; and eue out of him afterward● subiecting her therby vnto him , and to his perpetuall dominion , ( as before you haue heard s. paul to collect out of this first institution ) ; so the diuell taking vpon him presently to contradict and ouerthrow this worke of christ ; followed a quite contrary order and went first to eue , persuading her to goe & preach to adam the sermon that he had taught her , as she did , & because his doctor and mistresse in this ecclesiasticall function , & therby turned vpside-downe , to both their tuynes , and to the ruyne of vs all , the whole order of subordination which christ had appoynted before : wherby she should haue bene taught by adam , and not he by her . but christ comming afterward to visit them againe , and to take accoumpt of this disorder , albeit he knew then that the woman had bene the author therof , yet would he not speake first to her , but according to the order appointed by himself , asked first for adam . our lord called for adam , saith the text , & dixit ei , vbi es ? and said vnto him , where art thou ? and when afterwards the whole cause being examined he gaue sentence vpon ech part for this disorder ; he specially confirmed againe his first institution , for the dominion of man● and the subiection of woman , saying vnto her , sub viri potestate eris & ipso dominabitur tui . thou shalt be vnder the power of man ( thy husband ) and he shall haue dominion ouer thee . which law and ordination is to be vnderstood in all kind of subiection , aswell domesticall and politicall , as ecclesiasticall or diuine : so as in all these three kinds of affayres , man is made head , and gouernour both at home , in the common-wealth , and in the church by this first institution of christ , though in the former two , it is permitted vnto man , as hath been said , vpon some occasions , to yeld vp his right , when he will , though more in the second then in the first , for that the things are more arbitrary and tollerable , to witt that a woman should be head ouer all in the common-wealth then at home ouer her husband . but in the third which is in the church , and church-matters , no dispensation is permitted , but that womans subiection must be perpetual . and therfore when s. paul , as before hath been touched , cōmeth to talke of church-matters , he suppresseth women presently by this law of christ mulieres ( saith he ) in ecclesia tace ant , non enim permittitur eis loqui sod subditas esse sicut lex dicit . let women hold their peace in the church , for it is not per●itt●d into them to speake , but to be subiect , as the law saith . . this law named here by s. paul , is the lawe instituted by christ in the former wordes of genesis , where he appointeth women to be subiect not only at home vnto their husbandes , but especially & principally vnto the gouerment of man in ecclesiasticall matters , as you see by the application therof so often by s. paul to church affayres . for before in the eleuenth chapter to the corinthians , he repeateth a precept of his owne made vnto them about veyling of womē in the church , as you haue heard , founding the same vpon the first institution of man and woman in paradise , prouing thence that the woman could not be head in the church , and therfore must couer her head ; and therby yelde to her husband : & now in this place he giueth other strait precepts , about womens silence and subiection in the church , and saith moreouer , qua scribe vobis domini sunt praecepta . these precepts which i write vnto you , are not myne but of our lord. adding presently this terrible threat , qui autem ignorat , ignor●bitu● , he that knoweth not these things or will not know them , shall not be knowne by the same lord. and finally the same apostle vnto tymothie vrgeth the same againe concerning the church . mulier in silentio discat cum omni subiectione . let the woman ( in the church ) learne in silence with all subiection . marke the asseueration of all subiection . what would s. paul haue said , if any woman in his tyme had challenged to her self all dominion in the church , and yelded subiection to no ecclesiasticall person whatsoeuer ? . but to goe forward in the institution of christ , for the spirituall gouerment of his church : when he had gouerned the same by men and not by women , for the space of foure thousand yeares and more , vnder the law both naturall and written , and comming now to institute a new , more exact and perfect gouerment therof , vnder the law euangelicall ; what did he ? was he vnmindfull of this his first institution in paradise ? no : for he chose men , to witt his apostles , and their successours to gouerne his church , saying vnto them , as my father sent me , so i send you , whose sinnes you forgiue they shal be forgiuen , & whose you retaine shal be retained . and to one of them in speciall . i vvill giue vnto thee the keyes of the kingdome of heauen . feed my sheep● , feed my lambes . and s. paul speaking to some of those spirituall gouernours , priests and prelates , saith . the holy ghost hath placed you sor gouernours of gods church vvhich he hath purchased vnto himself vvith his owne bloud . and againe the same apostle to the corinthians setting downe the subordination of the said gouernours of christs primitiue church , saith , that the first degree was of apostles , the second of prophets , the third of doctors , &c. and in all this , is there no mention of women ; though there were many holy women among them , and one more high in gods fauour then they all , as before hath been said . neither euer is it recorded , that afterward any apostle , father , doctor , councell , synode , schole , vniuersity , pope , prince , nation , countrey , common-wealth , or priuate man in christendome , did appoint , admit or allow any woman to be cheefe in spirituall matters , before the english parlament in the beginning of q. elizabeths raigne ; nor can any protestant in the world bring any one instance , example , or memory recorded by man or woman , against this vniuersall prescription , that i haue laid downe . . and this is sufficient for proofe out of the euangelicall law , by christs owne institution ; albeit many other might be alleadged in the conformitie and confirmation herof , as seuerall members of this proofe , to witt the school-doctors , that haue handled the same largely , in their cōmentaryes , and disputations vpon the . booke of sentences and els-where , and doe by sound foundations ouerthrow the imaginary monstrosity of giuing spirituall iurisdiction to women , which is ascribed as an old heresie or madnes rather vnto the cataphrygians and pepuzians as may be read in philastrius & s. epiphanius : which heretiks notwithstanding did goe about to confirme their phantasy by those words of s. paul. in christo neque masculus neque faemina &c. that there is no difference of male or female in christ , that is to say whether he be man or woman . which the said doctors doe declare to haue byn meant of the faith of christ , and vocation to christian religion ; to witt , that all are called and receiued equally ; but yet not to gouerment or iurisdiction the in church . . the ranke of other doctors also , that write of the morall part of diuinity appertayning to manners , and cases of conscience , doe handle the same at large vpon diuers occasions in their treatises : as also of the third sort of learned men expositors of the scriptures , preachers , & teachers , especially the anciēt fathers , who albeit they handle not this question of ours in particular , and proper tearmes , about the spirituall supremacy of a woman in the church of god ( for that they neuer imagined any such thing would , or could fall out ) yet in other occasions , wherin great women sometymes , not as heads but helpers to vnlawfull purposes , would be medling in ecclesiasticall affayres , as the empresse eudoxia against s. chrysostome & the empresse iustina against s. ambrose and other the like : the said fathers spake so sharply , and reiected them with such indignation , as a man may easely se what they would haue done , if any least insinuation had bene made , to challeng vnto them ecclesiasticall power and iurisdiction , and much more to be heads of the church , which in those dayes was neuer so much as dreamed of . and if the said fathers vpon occasion offered , did so earnestly deny vnto the husband of the one , & the sonne of the other , that were emperours , the said supremacy in spirituall things , or that they had any power at all , in ecclesiasticall causes , as you haue heard : what would they haue said to the women , if they had pretended any such matter ? let one short sentence of s. chrisostome serue for all in generall , to declare his opinion of womens gouerment euen in temporall thinges , and much more in spirituall . caput omnino mulieris vir est ( saith he ) & magna saeditas esset si superiora fiant inferiora , & ciput deorsum , & pedes sursum . man in all respects is head of the woman , and it should be a great deformitie , if the things which are the higher should bee made the lower , and that the head should be brought vnder , and the feet placed aboue . . but in another place , he decideth this our question more in particular , concerning spirituall gouernment , remouing all women-kind , from the possibilitie therof , and for that his discourse in the said place , is of great weight , and consideration being sett downe between him , & his deer freind s. basil in dialogu-wise with much maturitie , and doth not only deny all spirituall gouernment to women , but placeth it where it ought to bee , in s. peter , & his successors aboue all others ; i shall alleadge the place somewhat more at large , which containeth a graue ponderation of those words of our sauiour vnto s. peter in s. iohns ghospell . petre amas me , &c. peter dost thou loue mee more then the rest , and he answearing that he did : christ replied ; if thou loue mee , feed my sheep . wherof s. chrysostome doth inferre , that christ in these words did first of al specially commit the supreme charge of his said sheep to s. peter , and his successors . pecud●● curam ( saith he ) quas sanguine suo acquisierat , tum petro , tum petri successoribus committebat . he committed to peter , and to peters successours the care of his sheep which he had purchased with his owne bloud . and againe . petrum christus authoritate hac praeditum esse voluit , & reliquos item apostolos longe praecellere . christ would haue peter to bee indued with this supreme authority ouer his sheep , and therein far to excell all the rest of the apostles , &c. . secondlie s. chrysostome maketh a deep ponderation vpon these words of our sauiour , of the singular loue , which he would haue pastors to beare vnto his sheep , and which hee bare himself , giuing his bloud for them , and what hee exacted at this high pastors hands for gouerning and feeding of them , in this his demaund or interrogation , concerning his loue . atque illi quidem licebat ( saith he ) verbis huiusmodi petrum affari : si me amas petre , ieiuniae exerce , super nudam humum dormi , &c. our sauiour christ might haue spoken to peter in this sorte ( vpon his answeare of loue ) if thou loue me peter , exercise fasting , sleep on the bare ground , watch continuallie , releiue them that bee oppressed , shew thy self a father to orphans , and bee vnto widdowes insteed of their husbands . but now , christ pretermitting all these other good works , what saith hee vnto him ? pasce oues meas , &c. feed ( and gouerne ) my sheep : for that all the rest of those good works before mētioned , may bee perfourmed by many subiects , not only men but also women , at cum de ecclesiae praefectura , de credenda huic vel illi , tam multarum animarum cura agitur ; vniuersa quidem mulieris natura , functionis istius moli ac magnitudini caedat oportet , itemque & bona virorum pars . but when the question is of any gouernmēt ouer the church , or about committing to this or that person , the charge of so many soules ; then must all women kind yeeld , and giue place to the weight and greatnes of this function , and so must also a good parte of men , to witt all such as are of the lay sorte , and haue not ecclesiasticall iurisdiction laid vpon them , by the ordinarie means before mentioned , of ordination & succession in the church of god , descending originally from this first fountaine , of all ecclesiasticall power vpon earth , committed by the sonne of god to s. peter , and his successours , to endure to the worlds end . . and thus haue wee cleerlie the sentence , beleife , & iudgement , of s. chrysostome concerning spirituall authority , for gouerning our soules , that it was giuen eminently to s. peter and his successors , aboue the rest of the apostles , but so , as only men , and those not all , but priests alone , and cleargie-men , doe , or may succeed therein , and that all kinde of women are excluded , in respect of their sex from any superiority , or prefecture ouer the church . and what-soeuer s. chrysostome held , preached , or left written in this behalfe , be being so great a doctor , and piller of christs church in his dayes , & the thing it self neuer contradicted , or reprehended by any other , may assuredly be held for the common doctrine , iudgement , sense , faith , and beleife , of the vniuersall catholike church in that age ; and consequently also , both of the former and following ages , vntill our time . and how much this consideration ought to preuaile with a prudent man , that followeth not passion , but reason , and hath care of his owne soule , is easy to see . and so much of this matter . . and now further i remember that i promised to proue my negatiue also by the ancient common & municipall lawes of england ; of which , though i might say , as before i said of the fathers and doctors of former tymes , that they ordayned nothing expresly of this particular case ; for that they neuer imagined that any such matter would fall out : yet doe they determine that expresly which includeth this ; which is that they confirme euery-where the libertyes , preheminencyes , and prerogatiues of of the church , and church-men of england : which doe principally consist in this , that only ecclesiasticall men haue power and iurisdiction in ecclesiasticall affayres ; and that no lay person ( and much lesse a woman ) can meddle therin ; and that there be two distinct swords in a christian common-wealth the one temporall in the hands of the prince , the other ecclesiasticall in the hands of the bishop ; and that the ecclesiasticall is greater and more soueraigne then the temporall , & that this later must help & be subordinate to the former . all which yow shall see decreed as well in the lawes of k. edgar , and k. edward before the conquest , as also of the conquerour himself which * after in due places we shal set downe . . and to all this now may we ad certaine manifest reasons , which besides the foundations before laid , or rather out of them all , our deuines doe alleadge whie a woman may not be head of the church , or haue spirituall iurisdiction in ecclesiasticall affayres . wherof the first is that christ our sauiour being a priest according to the order of melchisedech , and refusing to be a temporall king , as out of the ghospell is euident , he left in his place priests to gouerne his church , as before hath bene declared , both out of scriptures and ancient fathers : but a woman cannot be a priest , as both we and caluinists doe hold ; though luther taught otherwise for a tyme ( as hath bene said and is refuted at lardge , by k. henry the . q. elizabeths father in his booke against him ) and therefore the said q. elizabeth could not hold the place of christ , in spirituall iurisdiction , in the church of england . . a second reason is founded vpon the maxime before alleadged by m. attorney , cui licet quod maius est , licet quod minus . he that can doe the greater , can doe the lesse : but it is more to be able to giue authority to others , to exercise spirituall functions and iurisdiction , than to doe the same in his owne person , ergo if q. elizabeth could giue authority to bishops , and pastors to make ministers , administer the sacraments , preach , and teach with the like ( which belongeth to the head of the church ) than could she doe them also her self . which conclusion notwithstanding all english protestants commonly doe deny ; yet is the consequence euident , and the minor proposition is proued . for that , he that giueth a power to an other , is presupposed to haue it first in himself , for that no man can giue that which himself hath not ; so as if q. elizabeth did giue any spirituall iurisdiction to her bishops to teach , preach , make ministers , absolute , & loose sinnes , and the like ( who otherwise could haue no such authoritie at all ) she might , no doubt , haue exercised the same in her owne person , as in all temporall iurisdiction we see , that whatsoeuer power the king giueth to any gouernour , iudge or magistrate to exercise in his name , he may exercise the same also him self if he wil. and the same holdeth in the pope , for any spirituall iurisdiction or function that he committeth to any bishop , priest or clerk whatsoeuer . . a third reason is taken , ab inconueniente , to wit from this inconuenience , that if a queene could be spirituall head of the church , and should marry without making hir husband king , she should be his spirituall head also , to loose and bind his sinnes , and to exercise ecclesiasticall censures of iurisdiction , suspension , or excommunication against him at her pleasure , and he for his part should be bound in conscience vnder payne of sinne to heare and follow her doctrine , if at any time she list to preach vnto him , or to prescribe what he must beleeue or not beleeue in matters of faith ; which besides that it should be contrary to that we haue alleadged before out of s. paul , and christ his institution , for the subiection of women in these causes , it would be very absurd and ridiculous also , as you see , and vnworthie of the excellent gouerment of christ his church , instituted and framed by the highest wisdome of almighty god. . wherfore lastly to shutt vp this matter , after all these proofes alleadged , we shall adioyne one only more , which howsoeuer it be esteemed of vs , yet ought it to be of singular great moment with m. attorney , and this is the vniuersall agreement of all protestants , both of caluin & luthers sect , commonly throughout the world , except only in england . and as for caluinists the matter is cleere , if we respect france , germany , holland , zeland , scotland , and other places , who all agree in this point ; following therin their first author iohn caluin , who not only in the place by me alleadged vpō amos the prophet , but in diuers other places also of his workes , doth earnestly impugne not only this ecclesiasticall power of a woman , but of any temporall magistrate whatsoeuer ; affirming further in a certayne epistle of his , to his freind myconius , that those who defend the same , are prophane spirits and mad-men , and that the lord with the breath of his mouth shall destroy them , and that both he , and his , would encounter and fight against them with a valiant and inuincible zeale &c. of the same opinion and spirit , was theodore beza the cheife scholer and successour of caluin , in his chayre of geneua as appeareth by his writings , and another chiefe scoller and companion of them both , named viretus , in his dialogue intituled , of white diuells , calling them false christians and dissembled diuells that defend this false position of princes ecclesiasticall supremacy , though they couer them selues ( saith he ) with the cloake of the ghospell ; and then setteth he downe , foure or fiue arguments , to proue the position to be false , which i pretermitt to recite in this place , for breuities sake , remitting the reader to the booke it self , for that it is exstant in english. and i doe passe ouer the writings of many other principall men of that profession , both in england and abroad , who in this point are no lesse opposite , and earnest against m. attorney , that we , and are knowne in england by the name of puritanes or precise caluinists , who being the farre greater parte , if we respect all countreyes about vs , must needs in this point be confessed to haue more reason ( the thing being affirmed so earnestly as you haue heard by caluin himself , ) than the other of that sect , who for pleasing of tēporall princes , are accused by them to hold the contrary . for that if iohn caluin be to be followed in all the rest , as they confesse ; why not also in this ? and if the holy-ghost fayled him in this so important a point , as comprehendeth the whole gouerment of their church , and the lawfull or vnlawfull vocation , and function of their whole ministerie , what certaintie can they haue in any other thinge , or point of his doctrine . . but now not only those of the caluinian sect , but others also of the lutheranes , doe laugh at our english protestants , for holding this position of m. attorney , about queene elizabeths spirituall and ecclesiasticall supremacie : wherin not to weary the reader which enumeration of many witnesses ; i shall alleadg only one for all , but yet such a one , as may well stand for all ; for that he is the most eminent , and principall man of them all , to vvitt mart●nus keronitius , an ancient publike reader of diuinity among the lutherane sect in saxony , that hath written many volumes for defence of the said sect in our dayes . . this man then being consulted and demaunded his opinion by the prince elector of brandeburg , what was to be done in certaine points concerning those of the caluinian sect , he answereth him in a large epistle extant in print , allowing first , and greatly praysing the princes iudgment . quod consultum non esse iudicat , vt cum caluinistis generalis synodus habeatur : that his highnes thought it not expedient to hold any generall synode with the caluinists , as they desired for composing of controuersyes betweene lutherans , and them . . secondly he addeth his owne iudgment vnto that of the prince elector about punishing the said caluinists within his state , affirming . non expedire , vt punitionis officium contrae caluinistas intereà temporis penitus quiescat . it was not expedient that the office of punishing caluinists should cease in the meane space , vntill the said generall synode were held , as they demaunded . . thirdly and lastly hauing resolued these two points , he passeth ouer to giue his iudgment in like manner , to the said elector , about the religion held in england , and of q. elizabeth her self , and her title of supremacy , saying first that no good thing in religion was further to be expected from her ; that she had vsed hardly the protestants of germany ; that she saw and felt no● a third sect risen vp in her realme of puritanes , that hated both her and the other caluinians that followed her , who were enimies in like manner to lutherans ; so he . and then passing yet further he scoffeth merily , that she being a woman had taken vpon her to make ecclesiasticall lawes . et quòd faemineo , & à saeculis inaudito fastu se papissam & caput ecclesia fecit . that with a womanly pride , neuer heard of in former ages , she had made herself a she-pope , & head of the church . thus kemnitius . and marke that he saith à saeculu inaudito that from the beginning of the world there was neuer any such thing heard of , either among christians , iewes , or gentiles . . wherfore we hauing now proued this our negatiue ●e iure against m. attorney by so many & different sortes of proofe as you haue heard , aswell out of the canon & ciuill lawes , as of nature , nations , , mosaicall and euangelicall , and of all the partes and members therof , as scriptures , fathers , doctors of all sortes : yea , and by the testimony of our common municipall ancient lawes of england , and the concurrence and consequence of reason it self ; and lastly by the consent and asseueration of the best-learned protestants of ech sorte , both lutherans and caluinians : i doe not see what m. attorney wil be able to bring to the contrary to proue his affirmatiue propositions de iure , with any shew of probability . wherfore i shall conclude this whole chapter , noting only to the reader two considerations , for his better memory out of all the premisses . the one worthie of laughter , the other of teares . . the former is the euill lucke that m. attorney had in making choyse of q. elizabeth for an example of ecclesiasticall supremacy in a temporall prince ; for wheras three princes only of our nation , from the beginning of the world , had taken vpon them this title , to witt k. henry the . k. edward the . and q. elizabeth ; m. attorney chose the worst and weakest of all the three , to be defended . for , as for k. henry , though by the canon-law he were incapable of priesthood or holy orders ( wherof dependeth spirituall iurisdiction ) for that he was marryed when he tooke the same vpon him , and not only marryed but many times marryed , which is another canonicall impediment ( for he was not only bigamus , and trigamus , but twice also trigamus , hauing bene marryed the sixth tyme ) yet was all this in rigour of ecclesiasticall power dispensable by the church , being but only . iuris humani impedimenta , & non diuini : impediments of humane , & not diuine lawe ; and so k. henry either by dispensation , or by occasion , that this last wife had dyed , might haue been made priest and capable of spirituall iurisdiction . . but k. edward being a child , of . yeares old , and consequently vnder the vse of reason , when this supreame spirituall iurisdiction was giuen vnto him , he was so vncapable therof , as by no dispensation it might be made lawfull , vntill he came to the years of perfect reason , and so doe proue both canonists , & ciuilians ; for that iurisdiction cannot be giuen nor admitted , but where perfect vse of reason is ; for that otherwise , it should be no humane act . but yet this impediment though not dispensable for the present , would haue come afterwards to be remoued without dispensation , by tract of tyme it self , which would haue brought the perfect vse of reason . . but in q. elizabeth , in regard of her sex , no tyme , no dispensation , no authority humane , nor other circumstance could remoue the impediment or incapacity of her sex , which god and nature had layd vpon her , so as in this point m. attorney his choyse was very erroneous ; but whether the twynne of ignorance were also conioyned , which before he said to be inseparable from error , i leaue to himself to consider . and thus much of this former consideration . . the other which i said to be worthie of greife and teares , consisteth in this , that the former position of the said queenes ecclesiasticall supremacy being a thing vnpossible in it self for so many respects and causes , as before hath byn shewed , humane and diuine ; and that the very protestants themselues of the more learned sort doe laugh at it , and condemne the same as a new inuention neuer heard of in the world before : yet notwithstanding that the same in our countrey should passe by parlament as a matter of faith , and to religion , and be prest vpon men by corporall oathes vnder paine of extreame punishments ; must needes be a matter of great compassion to euery pious mynd , that considereth the infinite danger of soules therby . euery archbishop and bishop ( saith the statute ) and euery ecclesiasticall person , of vvhat estate , dignitie , preheminence , or degree soeuer he or they be ; and all and euery temporall iudge , ius●icer , mayor and other lay , or temporall officer , &c. and all that s●all suc out the liuery of their lands and inheritances , when they come to lawfull age : all that shall take any order , office , benefice , promotion , dignity , or degree in the vniuersity , &c. shall make , and take , and receiue a corporall oath vpon the euangelist , according to the tenour and effect following . i a.b. doe vtterly testifie and declare in my conscience that the queenes highnes is the only supreame gouernour , &c. aswell in all spirituall or ecclesiasticall things or causes , as in temporall , &c. so goeth the oath ; and by the last words that giue her as much spirituall iurisdiction in all things , and causes ecclesiasticall , as she had , or could haue in temporall , you may see how farr they extended the meaning of this power , though they left out the word supreame head for the causes before mentioned . . now then ( pious and godly reader ) consider with thy self out of thy christian compassion , quae strages animarum : what a slaughter of soules ensued vpon this new deuise . and first how many thousands were forced , or allured by feare and terror , or desire of preferment to take this oath against their consciences , the far greater parte of the realme being then catholike , and condemning the said oath in their iudgments , and beleefe . and when afterward god styrred vp another generation , that had more care of their said consciences , and therupon refused so wilfully to damne themselues , as to take such oathes with repugnant consciences ; what troubles , what afflictions haue ensued therof in all the time of that queene ? and among many others aboue an hundred learned preests , that in conscience were most free and innocent in all matters meant against the state , gaue their bloud for preseruation of their said consciences in that case : and now both they and shee are gone to plead their cause before the high and euerlasting iudge . and if this matter of her spirituall supremacy were but a iest and fancy , and new deuise for for the tyme , as you haue heard the best sorte of forreine * protestants to affirme , and as her self would sometimes merily but seriously say : then was the same both deerly bought and sold in this life by some , and will cost more deere in the other , where now the matter is in handling . . and this shall suffice for this chapter , and for the first head of profe de iure , wherin you may haue seene how sparinge m. attorney hath carryed himself : we shall now passe to the other sorte of his proofes de facto wherin consisteth the whole corpes of his booke , and shall examine whether any better substance may be found in that , then hath byn in this . the proofe wil be the tryall of all . of the second sort of proofes named de facto , vvherto m. attorney betaketh himselfe , alleadging certaine instances therin : and first , out of our kings before the conquest . chap. v. the whole bulke of m. attorneyes booke ( such as it is ) consisteth ( as before hath byn noted ) in the recitall of certayne lawes , or peeces of lawes , and therfore called by him reports or relations of clauses , found in his commonlawes , or statutes that may seeme somwhat to sound against the absolute iurisdictiō ecclesiasticall of the bishops and sea of rome , or to the restraint therof vnder certayne kings , and in certaine occasions ; and to ascribe vnto the said kings some ecclesiasticall power , in those cases , as afterwards shal be seene . wherin first is to be considered , that which before hath been obserued , that he abandoning , as it were , the first head of proofes de iure , flyeth only to the other de facto which alwayes holdeth not : for that all factes , doe not infer necessarily the right of equity and iustice , as before hath been shewed . and secondly , if all the examples de facto were graunted , in the sense , as by him they are set downe ; yet are they farr of from prouing his principall , as often afterwards vpon many particular occasions shal be declared . for that his said principall conclusion is ( as yow may knowe ) that queene elizabeth by the ancient common lawes of england , had as full , and absolute power , and ecclesiasticall iurisdiction , as by any spirituall or ecclesiasticall person , had euer byn at might lawfully be exercised within the realme . and these instances by him alleadged doe concerne but certaine peeces , and parcells of iurisdiction in some particular cases and causes , as by examination wil be found . wherfore to drawe neere to this examination we must vnderstand , that m. attorney rightly deuideth the tymes of our kings into before , and after the conquest ; and i shall willinglie follow him in this diuision , and search out what ecclesiastical lawes or ordinances there were made in those dayes , by our kings of those ages , for his or our purpose . . and first before the conquest when our best english kings were most eminent , if we respect pietie and religion , as liuing neerer to the origen & fountaine of their first conuersion & fernour of christian spirit : out of this tyme ( i say ) and ranke of our christian kings frō ethelbert the first , to k. edward the last before the conquest ( for of k. harold we make little accompt , he being an intruder and raigning so small time , and with so many troubles as he did ) they being otherwise aboue a hundred in number , within the space of almost fiue hundred yeares , two only inferences he produceth , and these of very small moment , as presently will appeare , yet let vs heare how he beginneth and what preface he maketh to his proofes in these words . to confirme ( saith he ) those that hold the truth , and to satisfye such as being not instructed , know not the ancient and moderne lawes and customes of england , euery man being perswaded as he is taught : these few demonstratiue proofes out of the lawes of england in steed of many in order & serie temporum are here added . this is his preface wherin he promiseth as yow see demonstratiue proofes which are the strongest , most cleer , euident , and forcible , that logicke doth prescribe in any science : but we shal be enforced afterward to admitt proofes of a lower degree , then demonstrations , as by experience you will find : wherefore to the matter . . his first instance is taken out of the words of a certaine charter , giuen by king kenulfus of the vvestsaxons , some two hundred and fifty yeares after the conuersion of k. ethelbert of kent , & confirmed afterward by k. edwin monarch of all england , which charter beginneth thus . kenulfus rex , &c. per literas suas patentes , consilio , & consensu episcoporum , & senatorum gentis suae , largitus fuit monasterio de abindon in comitatu bark . & euidam ruchino tunc abbati monasterij , &c. quandam ruris sui portionem , id est , quindecim mansias , in loco qui à ruriculis tunc nuncupabatur culnam , cum omnibus vtilitatibus , tam in magnis , quam in modicis rebus . et quod praedictus ruchinus , 〈◊〉 ab omni episcopali iure in sempiternum esset quietus ; vt habitatores ●iu● nullius episcopi , aut suorum officialium iugo inde deprimantur ; sed in cunctis rerum euentibus , & discussionibus causarum , abbatis monasterij praedicti decretis subijciantur , itae quod , &c. thus goeth the charter , which though m. attorney thought not good to put in english , but to set downe both his pages in latin ; yet wee shall translate the same , for the better vnderstanding of all sortes of readers . k. kenulfus , &c. by his letters parents with the counsell , and consent of the bishops and councellours of his nation , did giue to the monasterie of abindon in barkshire , and to one ruchinus abbot of that monastery , a certaine portion of his land , to witt fifteen mansians , in a place called by the countreymen culnam , with all profittes , and commodities , both great and small , appertaining therevnto . and that the foresaid ruchinus , &c. should bee quiet from all right of the bishop for euer , so as the inhabitants of that place , shall not be depressed for the time to come by the yoke of any bishop , or his officers , but that in all euents of thinges , and controuersies of causes , they shall be subiect to the decree of the abbot of the said monasterie ; so as , &c. . thus goeth the charter , which if it were all graunted by vs , as it lyeth ; yet is it far of ( as you see ) from inferring m. attorneys conclusion , that k. kenulfus was head of the church , or had supreame power ecclesiasticall . it might make it probable , that hee had some iurisdiction in some particular case , but what or how much that was or whence hee had it , either of himself , or by delegation of another , to wit of the popes or cleargie that is not euident by the charter . but let vs see , what m. attorney can make of these words , for that lawyers commonly can make the most of matters to their aduauntage . first he will needs inforce out of his charter , that this k. kenulfus , tooke vpon him ecclesiasticall iurisdiction ; for thus hee writeth . by this it appeareth , that the king by this charter , made in parlament ( for it appeareth to be made by the councell , and consent of his bishops , and senatours of his kingdome , which were assembled in parlament ) did discharge and exempt the said abbot from the iurisdiction of the bishop , &c. and by the same charter did graunt to the same abbot ecclesiasticall iurisdiction vvithin his said abbey : vvhich ecclesiasticall iurisdiction being deriued from the crowne , continued vntill the dissolution of the said abbey in the raigne of k. henry the . so hee . . in which words three things are affirmed by him , wherof i hould neuer a one to be certaine , and the last euidently false . for neither doth it appeare , by the words of the charter , that the king did exempt the said abbot from all iurisdiction spirituall of the bishop , but rather of some temporall interest or pretense that the bishop of that diocesse might haue , or pretend to haue in those daies . nor doth he seeme to haue giuen ecclesiasticall iurisdiction to the abbot , but rather temporall concerning controuersies that might arise about the lands of the lordship of culnam , wherof he had made donation to the said monastery . and thirdly howsoeuer this might bee , the third point and cheife conclusion is false , that he either gaue , or tooke away iurisdiction by his owne power deriued from his temporall crowne ( for this was impossible , as before in the second chapter of this answere hath been shewed ) but rather by some spirituall iurisdiction , cōmitted vnto him by some other higher ecclesiasticall power , either of his bishops gathered togeather in parlament , or synod ; or of the bishop of rome himself : all which three points , wee shall breiflie here shew , and therby conclude that m. attorney his inference , sett out with a nota in the margent , is worth no note at all , but onlie of weaknes and impertinencie . . for first , to begin with the second , it doth not appeare by the words of this charter , that the king did graunte to the same abbot ecclesiasticall iurisdiction , within his said abbey ; but only that in all euents , and discussions of causes or controuersies arising about the foresaid lordship of culnam , giuen vnto the said monasterie , the tenants therof should stande to the decree of the said abbot , and not haue recourse to the bishop of the diocesse , who before , perhaps , pretended temporall iurisdiction ouer them , or at least-wise ouer that lordship of culnam . and this coniecture is greatlie confirmed by a canon of a nationall synod held in hereford almost a hundered yeares before this , vnder theodorus archbishop of canterbury , the . of september . anno christi . . and related by s. bede : where the third canon of the councell decreeth thus . vt quacunque monasteria &c. that all monasteries consecrated to god , noe bishop hath authoritie to inquiet them , nor violentlie to take from them any thing of their goods ; &c. wherby appeareth that some bishops in those daies did pretend also temporall iurisdiction ouer monasteries and their goodes , which heer k. kenulfus would preuent in this his monasterie , to which he gaue his lordshipp . . and by this also the other point is confirmed , that it doth not appeare by the force of these words , that the abbot was exempted from all spirituall iurisdiction of the bishop by this charter of the king ( though otherwise by some priuiledge of the pope i doubt not but he was , it being a thing common lightly to all abbots ) for he saith only : abomni episcopali iure : from all right of the bishop , and not iurisdiction , which might be meant , as hath been said , of some temporall right pretended ouer that lordship , and was found now not to be iust ; or for that the said bishop in parlamēt , or otherwise ( for m. attorney holdeth , that all this was done in parlament ) had renounced his temporall right therin , which before hee pretended to haue ; or that the king made this declaration of the monasteries exemption ( for he seemeth rather to haue declared what was done , or graunted , then to ordaine it himself ) by force of the foresaid synodicall decree of the ecclesiasticall councell before mentioned . . and truly , that the words of this charter doe seeme rather to meane temporall , then spirituall iurisdiction in this place ( though i doubt not ( as i said ) but that they were exempted in the one , and in the other by the priuiledges of the sea apostolike accustomed in such cases ) that which ensueth in the said charter doth much confirme , to witt , that the abbot should be quiet from the bishops right , and that the inhabitants from thence-forward should not be depressed by the yoke of the bishops officers . which importeth as much , as that they had byn vniustly disquietted & depressed before ; the same noe way seeming fittly to agree to be spoken of bishops ecclesiasticall iurisdiction , and consequently it is not improbable , that only temporall iurisdiction is heere talked of : and so neither spirituall iurisdiction taken from the bishop , nor giuen to the abbot by the king in his charter . . but howsoeuer this were , or may bee ; most certaine it is , that m. attorney his inference and conclusion , is manifestly false ; to witt , that it vvas deriued from his crowne . for albeit , it were euident , that the meaning heere were of spirituall iurisdiction : yet might the king haue that power , to giue the exemption which he did to the monastery , either from the bishops gathered togeather now in the parlament , or before in synod , as hath been said , renouncing all their iurisdictiō therin : or he might haue it from the pope , which is most likely , for that all such priuiledges , and exemptions were demaunded in those dayes at his hands , by princes , and founders of pious workes . and the said popes made ordinary graunts therof , ( as in our dayes also they doe ) and this is different sorte and manners : for that sometimes they graunted the same immediatly , as from themselues , sometimes they gaue comission to princes to giue it in their names ; and some other times they confirmed that which princes had done before in this kinde vnder ratihabition , or future allowance , or ratification by the sea apostolike . . and of all these three sorts , many examples might be alleadged , but that i shall haue occasion againe in the next chapter to treate more largly of these points , where i shall shew , that in this very time , when kenulfus liued , his neighbour king ossa of the mercians demaunding the canonization of s. alban the protomartyr of england , at the hands of adrian the pope , as also that he might build a monastery in the place where he was martyred , and this ( as parisiensis saith ) ab omni episcoporum subiectione emancipandum . to be free , and exempted from all subiection of bishops ; the pope graunted both his demaunds , answering him thus , as the same author recordeth . vve doe most willingly giue our cōsent to your petition for building of a monastery , and doe priuiledge the same ; and vvhen you haue made your charter or priuiledge , vvee shall afterwards confirme & strengthen your originall vvith ours , and exempt that monastery from all iurisdiction both of bishops , and archbishops , subiecting it immediatly vnto our apostolike sea. so hee . wherby we see , that a temporall king , and founder of a monastery or other pious worke , might giue priuiledges , either by commission , or vnder ratihabition as before hath been said . . the like examples we finde in the liues of king edgar and s. edward the confessor , and many others that demaunded & obteined confirmation and exemptions for pious works erected by them , of the popes of their times . but for that these examples will be more fittly produced in the sequent chapter , and fourth demonstration therof , i will remitt the reader therunto . only i cannot let passe to recite vnto you in this place a certaine charter of k. ethelbert of kent our first christian english king , confirmed by a bull in lead , of s. augustin first archbishop of canterbury and legate of the sea apostolike , vnto the monastery of s. peter , & paul in cāterbury erected by the said k. ethelbert : the words of the charter are these . in nomine domini nostri iesu christi , &c. ego ethelbertus rex cantij ; , &c. in the name of our lord iesus , &c. i ethelbert king of kent , with the consent of the venerable archbishop augustine , and of the princes of my realme , do giue and graunt in the honour of s. peter and s. paul a certaine pe●ce of my land which lyeth in the east parte of canterbury , to this intention only that a monastery be buylded in that place , with this condition ; that my said land be for euer in the power of the said abbot , which there shall be ordeined . and therfore i doe adiure , and commaund in the name of allmightie god that is the iust iudge of all ; that the foresaid gift of lands made by mee , be held for euer firme , so as neither it bee lawful for mee , or any of my successours , kings , or princes , or for any ecclesiasticall person of what degree , or dignitie soeuer , to defraud the said monastery of the same , or any parte therof . and if any man shall goe about to impeach , or diminish any point or parte of this donation : let him bee seperated in this life , from the holie communion of the body and bloud of christ , & at the day of iudgment , for the demeritt of his malice , be sequestred from the company of saints , and all good men . giuen at canterbury : anno christi . . the . indiction . . thus goeth that charter : and in the same forme went all other chartes of this kinde , wherin is to be noted first the dreadfull imprecation against all breakers therof , confirmed by the authority of so great a saint , as s. augustin was : & how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day , where all such pious works are ouer throwne . and secondly for that he saith expresly , that he did all by the counsell , and consent of s. augustine ; it may be inferred , that whatsoeuer priuiledges he gaue , that may seeme to appertaine to ecclesiasticall matters or iurisdiction , he did them vnder ratihabition of the said s. augustine , that was not only archbishop , but legat also of the sea apostolike , and confequentlie had authoritie to exempt the said monastery ( as we see , he did ) not only from the iurisdiction of all other bishops , but of his owne sea also , in such sorte , as no archbishop of canterbury had any authoritie ouer them , which is much more then the charter of kenulsus alleadged heere by m. attorney . and we doe reade that the monks of canterbury did pleade this charter of k. ethelbert confirmed by s. augustine , for their liberties against the archbishop richard successor of s. thomas becket in the yeare of christ . . wherfore to conclude this matter ; it seemeth that m. attorney hath gotten nothing at all by this his instance of k. kenulfus , whether in his charter he meant of temporal , or spiritual iurisdiction . for if he meant of tēporall , that is to say , that the abbey of abindon should be free from molestation of the bishops officers in temporall affaires , it is nothing to our purpose , and if he meant of spirituall iurisdiction , cleere it is , that the said king had it not of himself by right of his crowne , as m. attorney often repeateth and vrgeth without all grounde , but either from the bishops of his realme , gathered togeather in parlament : ( which seemeth very probable by the words of the charter : consilio , & consensu episcoporum : that he did it by the counsell and consent of his bishops ) or that , he had it immediatly from the pope , as we haue shewed the vse to be in those dayes , & shall doe more largly in the ensuing chapter . . and that which is yet more , and seemeth to conuince the whole matter & to decide our very case in particular , i doe reade of one bishop rethurus who was abbot also of abindon , during the reigne of the said kenulfus , who went to rome to obteine the confirmation of priuiledges to the said abbey of abindon , about the yeare . . romam profectus ( saith the story ) pontificia authoritate privilegia canobij communiuit . he going the rome ( by consent no doubt , of k. kenulfus himself ) obteined the confirmation of the priuiledges of the said monastery ( of abindon ) by the apostolike authoritie of the sea of rome . and it is no doubt , that among other priuiledges , this charter also of kenulfus was one ; which being so , euery man may see , how much this instance hath holpen m. attorney his cause , or rather made against him , that kenulfus procured the confirmation of his charter from the pope himself . . and surely if in this m. attorney committed an errour in alleadging kenulfus for an example of one that tooke supreme iurisdictiō ecclesiasticall vpon him , he being so obedient and subordinate to the church of rome , as we haue said : much more did he erre in choosing s. edward the confessor , for his second instance ( for he hath but two , as before i haue said , out of all our kings before the conquest ) which k. edward of all others , was most deuoutly obedient to the sea apostolicke , as may appeare both by that , which before we haue touched of him , as by that which after we shall more largly shew in the next chapter , that he presumed not to found his monastery of vvestminster , without particular licence , and approbation of the pope . in like manner , for that hauing made a vow , to goe in pilgrimage to rome , to shew his deuotion and obedience to that sea ; he finding afterward some difficulties therin , in respect of his kingdome , that repined at his absence , and of the troublesome times , that then were , he remitted all first to pope stephen the tenth , and when he being dead , to his successour nicholas the . who determined , that he should not take that voiage , but bestow the charges therof vpon the buylding of that monastery of vvestminster , to which effect both their letters are extāt in alredus , that liued about . years gone , & wrote the same kings life . the kings letter hath this title . summo vniuersalis ecclesiae patri nicolâo , edwardus dei gratia anglorum rex debitam subiectionem , &c. to the high father of the vniuersal church nicolas , edward by the grace of god king of england , doth offer due subiection and obedience . wherby is euident , that if k. edward did hold himself for supreme head , and gouernour of the church in spirituall matters as m. attorney would inferr vpon certaine words of one of his lawes , as presentlie you shall heare ; it must needs bee , that he was gouernour , vnder the pope , to whome he professeth ( as you haue heard ) obedience and subiection . . but what proofe ( think you ) hath m. attorney out of this king to shew , that he exercised spirituall iurisdiction by vertue of his temporall crowne ? you shall heare it all , as it lyeth in his booke ; for the whole narration is but of . or . lines taken out of k. edward his lawes . the words are these in latin. rex autem qui vicarius summi regis est , ad hoc constitutus est , vt regnum & populum domini , & super omnia sanctam ecclesiam regat , & defendat ab iniuriosis ; malefices autem destruat . which m. attorney englisheth thus . the king , who is the vicar of the highest king , is ordeined to this end , that he should rule , and gouerne the kingdome , & people of the land , and aboue all things the holy church , & that he defend the same from wrong-doers , and destroy and roote out workers of mischeif . which words , supposing them to be truly alleadged , as they lye , haue a plaine and easy interpretation , which is , that the king , as gods minister ( for so s. paul called also the hea-magistrate ) must gouerne the church , and cleargie of his land in temporal matters ; for that they are members also of the common-wealth , as before we shewed : in which respect they are subiect to the sayd temporall magistrate , and in that sense to be gouerned by him , though not in spirituall things . . and if m. attorney will inferre , that because the king is cal-called gods vicar , he hath spirituall iurisdiction ; then may he as well inferre that the heathen magistrate had spirituall iurisdiction ouer christians , for that s. paul calleth him the minister of god , which is as much in effect as vicar , for that the minister supplieth the maisters place . and thus you see that albeit we admit these words as heere they ly alleadged by m. attorney , noe aduantage can be rightly inferred against vs by them . but i am forced to suspect some little fraud or shuffling to be vsed in the citation of this peece of law , and therfore i intreate the iudicious reader , who is learned and hath the commodity to see the originals ; that he will examine both this , and the former instance of k. kenulfus , in the authors whence they are taken , for i haue them not by mee . . the reasons of suspicion are , first for that i see m. attorney his translation in these few lines , not to be very exact , as it will appeare to him that examineth the same ; and secondly for that i find this clause of s. edwards law , differently alleaged heare by m. attorney from that which is cited by roger houeden in the life of k. henry the second , as also from another allegation therof by iohn fox in his acts and monuments : by all which may be gathered that the verbe regat is wrongly placed in m. attorneys allegation , which being amended , and the said verbe placed before in his dew place , the sense is perfect ; to witt , vt rex regnum terrenum & populum domini regat , & sanctam eius veneretur ecclesiam , & ab iniuriosis defendat , &c. that the king rule his earthly kingdome , and the people of god , and reuerence and defend the holy church . thus ( i say ) ought the words to stand , to make good and congruons sense , and not as they are transposed , both by m. attorney and iohn fox to make a blind sense : who yet agree not in their allegations therof , as in the places cited you may see . . and this our assertion ( concerning the true sense & meaning of the former clause ) is confirmed yet further by the words of k. edward immediatly following in the same law , omitted heere by m. attorney , but sett downe by fox , which are these . quod nisi secerit , nomen regis in eo non constabit , verum , papa ioanne testante , nomen regis perdet . if a king doe not perfourme the points before mentioned ( of gouerninge his people , and defending the church ) the name of a king agreeth not to him ; but he must leese that name , as testifieth pope iohn . so he . and the same k. edward in the end of this speach , doth cite the authority of the said pope iohn againe , saying that the wrote to pipinus , and his sonne charles , be●ore they came to be kings of france , that no man was worthy to be called a king ; except he did vigilantly defend and gouerne the church , and people of god ; so as now this gouernment of the church which m. attorney hitherto hath vrged so much against the popes authority , must be vnderstood according to the meaning and sense only of pope iohn ; who i suppose notwithstanding will not meane that temporall princes shall be heads of the church , and to haue supreme spirituall iurisdiction in causes ecclesiasticall , deriued from their crownes as m. attorneys meaning is . and so you see vnto what good issue he hath brought this argument out of s. edwards lawes , which is , that kings haue so much gouernmēt ouer the church , as pope iohn allowed them , and no more . . and finally let vs heare the words of pope nicolas the second to this verie k. edward , concernining the gouernment he had ouer the church ; for thus he writeth to him . vobis verò , & posteris vestris regibus committimus aduocationem eiusdem loci , & omnium totius , angliae ecclesiarum , vt vite nostrae , cum consilio episcoporum & abbalum , constituatis vbique quae iusta sunt &c. we doe cōmitte vnto you , and to the kings of england your successours , the aduocation , and protection of the same place ( or monastery of vvestminster ) and of all the churches throughout england ; to the end that in our name and authoritie , you may by the counsell of your bishops , and abbots , appoint euery-where , those thinges that are iust , &c. by which words is easie to see what gouernment and iurisdiction , k. edward had ouer the church of england ; to witt , by commission of the pope & noe otherwise . by which cōmission also diuers other catholike princes haue had in sundrie cases cōmitted vnto them , & haue at this day spirituall iurisdiction , as namely the kings of sicily doe pretend to haue had , & to haue supreme spirituall authority in that kingdome , as legati à latere by concession of pope vrbanus the . graunted vnto roger the norman , earle of sicily aboue fiue hundered years past : to witt , from the yeare of christ . and yet will none of those that defend this spirituall monarchy at this day ( for by that name it is called ) say , that it descendeth by right of their crownes , but by concession and delegation of popes . and so much of this matter . how the attorney not being able to prove his affirmative proposition , of english kings iurisdiction ecclesiasticall , before the conquest : vve doe ex abundanti proue the negatiue , by ten seuerall sortes of most euident demonstrations , that there was no such thing in that tyme , but the quite contrary . chap. vi. thov hast seene and considered i doubt not ( gentle and iudicious reader ) how m. attorney in the former chapter hath byn grauelled in prouing his affirmatiue proposition , that our kings before the conquest , tooke supreme ecclesiasticall iurisdiction vpon them , and acknowledged it not in the pope or sea of rome . for proofe wherof he brought forth two such poore , and petite instances , as they being , besides their weaknes , impertinent and vntrue , and not subsisting in their owne grounds , they were no more for perfourmance of his promise of cleere and demonstratiue proofes ; then if a man being bound to pay ten thousand pounds in pure and current gold , should bring forth two mites of brasse for discharge of his band . and surely if m. attorney should haue failed soe , some yeares gone before he was so wealthie , as that taking vpon him with so great an ostentation , to proue an affirmatiue assertion of so mayne importance , and consequence , as this is , he should haue performed no more , then he hath here done , he would neuer haue attained by law , to the preferment he hath . but now● perhaps he persuadeth himself that by his only credit already gotten , he may say what he will , and proue as little as he list ; because by only saying he shall be beleeued . . but on the contrary side we require proofes , & offer proofes ( gentle reader ) & for that the matter is of singular great weight euen for thy soule , we rest not in ostentation of wordes only but in probation of deedes . and though we might remaine sufficiently with the victorie , for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue ; yet that you may see , and behold , as in a glasse , the difference of our cause and confidence therin ; i haue thought conuenient , out of the great aboundance and variety of proofes , that our truth hath in this controuersie ( as well as in all others betwene vs and protestants ) to take vpon me to proue the negatiue , against m. attorney ( which of it self is euer more hard , as you know ; than to proue an affirmatiue , except euidence of truth doe facilitate the matter , as in our case ) and to proue , and make euident by sundry sortes of cleere and perspicuous demonstrations ( nyne or ten at the least ) that during the tyme before the conquest , no one of all our christian english kings , ( exceeding the number of an hundred as before hath been said ) did take vpon them either to be heads of the church , or to be supreme gouernours in ecclesiasticall causes , or to haue any spirituall iurisdiction , al deriued from the right of their crownes , or denyed this to be in the pope , & bishops only , or did make any ecclesiastical lawes concerning spirituall matters ; and consequently that this treatise of m. attorney , of the kings ecclesiasticall law , doth apperteine no more vnto them in realitie of truth , than to the man in the moone to gouerne the heauens : for that they neuer so much a● dreamed of any such thing , nor of any one of the forsaid clauses of spirituall power & iurisdiction , to belong vnto them , which heere shall brefely be proued , with such variety of demonstrations , taken out of their owne words , dedes , decrees , & actions , as i doubt not , but will make more then morall euidence . the first demonstration . . the first demonstration may be taken from the consideration of all the auncient lawes , made by christian kings in our countrey before the conquest , euery one in his seuerall state , and dominion , according to the tymes and places they raigned in , and gouerned their commonwealthes , both britanes , saxons and danes : and among the saxons againe , their kings and princes in euery of their seuerall kingdoms , about which point malmesbury writeth thus , of the noble king inas : porrò quantus in dei rebus fuerit , indicio sunt leges ad corrigendos mores in populo latae , in quibus viuum ad hoc tempus puritatis suae resultat speculum . how great a king inas was in gods affaires , the lawes which he made to correct the manners of his people doe sufficiently declare , in which vntill this day , there is seen as in a liuely glasse the said kings purity of mynde . and the like lawes ( no doubt ) other kings also made in their dominions , all which remained afterwards to their posterity , vnder the names of mulmutian lawes . for the lawes of the britans , as also the lawes of the mercians , called in their tongue mercen laga , and of the west-saxons , called vvest-saxen laga , and of the danes named dan laga , stood in force vntill england came to be a monarchie , when the first authour of the said monarchie king egbert began first to drawe them into one body of conformity . but after him againe k. edgar surnamed the peaceable and wise king , confirmed the same and sett them forth , but by the warrs and confusion of the danes , which after his death ensued , they were for the most part put out of vse againe , vntill k. edward the confessor recalled them , encreased , and made them perfect , and by the counsaile of his peeres and realme , did frame a new ordination of the same lawes , which remained afterwards vnder the name of k. edward his lawes ; and were so much approued and loued by the people , as iohn fox also out of mathew paris doth affirme , that the common people of england , would not doe obedience to vvilliam conquerour , but that first he did sweare to keepe these lawes , which oath notwithstāding ( saith he ) the conquerour did afterward breake , and in most points brought in his owne lawes . so fox which if it be true , yet is it to be vnderstood principally of his lawes , appertayninge vnto secular men : for that in the rest which concerned the church , & her priuiledges , he followed absolutely the lawes of k. edward , as in the next chapter shall appeare , where we shall sett downe the said conquerour his lawes in this behalfe , which are as fauourable and respectiue vnto ecclesiasticall power and persons , as of any one king , eyther before or after him . . wherevpon it followeth , that m. attorney , who so often iterateth this worde of auncient and most auncient common-lawes of england , which as he saith ( but cannot proue ) did authorize q. elizabeth her spirituall iurisdiction ouer the church , speaketh but in the ayre and at randome , beating vs still with the empty sound of these words , without substance : for in reall dealing he should haue alleadged some one law at least to that purpuse , out of all these before the conquest , if he had meant to be as good as his word . . but this he cannot doe , as already you haue seen by his two poore instances , and we doe shew on the contrary side that all these and other lawes of these dayes were for vs , in the fauour of catholike religion , and particularly for the liberties , franquizes , priuiledges , exemptions , and immunities of the church and clergie , according to the canons and decrees of the popes ecclesiasticall law , which is the very decision of our question . for that by these phrases & clauses is signified , as in the canon-law ( and particulerly throughout the sixt booke of decretals may be sene ) is properly meant , that the church and clergie is free from all iurisdiction of temporall princes , except only in ciuill matters ; and that their goods and persons are exempted from princes secular courtes , & that they are immediatly vnder their prelates , and they againe vnder the sea apostolike , vnto which may lawfully be made appeales when iust occasion is offered ; & that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them , or lay hand vpon their persons or goods , but referre them to their owne ecclesiastical emperours , & other such points , as may be seen in the canon-law , in the places before cited . and you haue heard before in the second chapter of this booke , how conforme all these things are to gods law , and how willingly they were embraced , approued , and allowed by the first christian emperour constantine , and his successours , and by all christian catholike princes since that tyme throughout the world : but especially , and aboue others in comparison , by our english kings before the conquest . and after also , as in their dew places shal be shewed . . and so when the forenamed kings edgar & edward , in their very first law doe sett downe and determine ( as fox also confesseth ) that the kings office is to keepe , cherishe , mainteyne , and gouerne the church within his kingdome , ( which worde gouerne i haue shewed * before to be wrongfully put in , out of his due place , and to apperteyne only to the gouernement of the common-wealth ) with all integrity & liberty , according to the constitution of all their auncestors and predecessours ; and to defend the same against all enemyes &c. they doe in all this , but approue and second the popes canon-lawes & decrees therof , for the preheminence of the clergie , and therby they doe directly ouerthrowe m. attorneys proposition ; & so doe all the kings in like manner after the conquest , who following this example doe euer in the beginning of their lawes , renew , and confirme this lawe of king edward , for the libertyes , and priuiledges of the church and church men . as first the conquerour himself , as afterwarde in the next chapter more largely shall appeare , when we come to speake of him in particular , whose lawes are sett downe by houaden and others , and are as effectuall for the church , as could be deuised : & after him ( to omitt k. iohn and others ) henry the third , who was the chief founder of our present later common-lawes , and author of the great charter . his first law likewise is for the foresaid liberties of holy church in these wordes ; vve haue graunted to god , and by this our present charter haue confirmed for vs , and our heyres for euermore , that the church of england shal be free , and haue all her rights wholie , and her liberties inuiolated , &c. . this charter of k. henry did edward the first his sonne publishe and confirme after him , as appeareth by his owne preface prefixed before the said magna charta . and edward the second , that ensued after him , not only ratifyed the same , but added other statutes also called articuli cleri in fauour of the same clergie . and in k. edward the third his tyme , i finde the same charter confirmed and ratifyed by diuers , and seuerall statutes , as namely in the first , second , fourth , fifth and fourtenth yeare of his raigne ; and the like in the first , sixt , seuenth , eight & nynth yeare of k. richard the second : and in the first , second , fourth , seauenth , nynth , and thirtenth yeare of k. henry the . and in the third , and fourth of k. henry the . and in the sixt of k. henry the sixt , &c. . and herby now though we goe no lower , may the indifferent reader see , how vayne m. attorneys vaunt was , and is , that he would proue , and demonstrate by the auncient lawes of our realme , that q. elizabeth had supreme iurisdiction ecclesiasticall , by vertue of her crowne . and yet hitherto hath he alleadged no one lawe at all , within the compasse of nyne hundred yeares togeather , but only certaine impertinent scraps , and raggs nothing making to the purpose , nor worthy the gathering vp , as after when we come to examine them , will appeare . and we on the contrary syde haue so many , so auncient , and so authenticall lawes , as you haue heard , and afterwardes shall be more particulerly declared , for proofe of the opposite proposition i● his , that all spirituall iurisdiction was only in ecclesiasticall persons , both b●sore and after the conquest vntill k. henry the . his dayes . and thus much of this first demonstration concerning lawes . the second demonstration . . the second demonstration is deduced from an other consideration not inferiour to the former ; which is , that when ● . ethelbert of kent ( for example ) was sirst of all other kings conuerted to christian faith by s. augustine the monke , sent from pope gregorie the first to that effect , vpon the yeare of christ . and that by this occasion , a new ecclesiasticall common-wealth was to be instituted and erected within his dominion , concerning matters depending of religion , farre different from that which passed in his realme before when he was a pagan , as namely ( to omitt matters of doctrine , and meere spirituall gouernment ) concerning marriages legitimation of children , burying , paying of tythes , iurisdiction of bishops and priests , & the like that might seeme in some sorte to be mixt and concerne also the common-wealth : to whome was the recourse made sor direction , counsaile , and ordinance in these affaires ? to k. ethelbert think you , or to s. gregorie the pope ? no man will say , i think , to k. ethelbert , for that he was yet but a nouice in christian religion , though as capable of spirituall iurisdiction by his crowne , as either q. elizabeth being a woman , or k. edward the sixt a child of nyne yeares old when he was proclaimed head of the church of england , as well in spirituall as temporall affaires . . but in our case vnder k. ethelbert we reade both in s. bede and s. gregory himself , that in all ecclesiasticall matters , recourse was made to the said s. gregory , as hauing supreme authority in these affayres , and therfore the said king was no sooner conuerted , & s. augustine made archbishop , but the said archbishop according to his office sent two messengers to rome , laurentius a priest , and petrus a monke , to aske counsaile and direction in diuers cases ; as namely about the distribution of oblations at the aultar , diuersitye of customes obserued in diuers contreys in saying masse ; about punishing of sacriledge in such as steale from churches , about degrees of kinred , or propinquity to be obserued in marriages ; about ordination of bishops , & how he should proceed with the bishops of france and britany ; about baptizing women with child and churching ●hem after their child-birth , and the like . . to all which questions s. gregory answereth , and prescribeth in particular what is to be done , as lawfull iudge in these matters . and to that of the french bishops , he giueth such answeres , as therby he testifyeth that he wel knew himself to haue supreme authoritie and iurisdiction ecclesiasticall , as well ouer all bishopps of france , as of england , and all countryes besides throughout all christendome . for thus he wrote , as s. bede relateth : for as much as concerneth the bishopps of france , i gaue you no authoritie ouer them , and from the ancient tymes of my precedessors , the bishop of arles hath receaued his pall ; ( from the sea of rome ) whome we ought not to depriue os that authoritie , which from them he hath receaued , &c. . and the same pope gregorie sending the pall ( which is the proper signe of archi-episcopal authority ) vnto the same s. augustine of england , he appointeth him his limitts of power and iurisdiction , and what he shall doe , and giue to others , and this without any reference vnto k. ethelbert , any way to depend of him in his said authority or execution therof . for thus he writeth vnto him : reuerendissimo & sanctissimo fratri augustino , coepiscopo , gregorius seruus seruorum dei. quia noua anglorum ecclesia , &c. for that a new church of the english nation by gods gyft and your labour , is now brought to participate of the grace of our sauiour christ , we doe graunt vnto you the vse of the pall in the sayd church , only to be vsed in the solemne celebration of masses ; we graunt you also authority to ordeine twelue bishops vnder you , which shal be subiect to your iurisdiction , but yet s● as the bishop which shal be ordeyned for the citty of london , shall euer afterward be consecrated by a synod , and shall receaue also a pall of honour from this holy and apostolike sea of rome ● wherin by gods appointment i doe serue at this tyme. we doe will you also to send a bishop to the citty of yorke , whome your self shall thinke good to ordeyne : but yet with this condition , that if that citty , with other places neere about doe receaue the worde of god ; he may ordayne twelue bishops also , and so remaine with the honour of a metropolitan : for that we doe intend god willing ( if we liue ) to giue him also the pall , whome yet notwithstanding we will haue to be subiect to your disposition , though after your death he shall so be ouer these bishops , whome he hath ordeyned , as he be no way subiect to the iurisdiction of the bishop of london , &c. but your brotherhod shall not only be superiour , and haue authority ouer those bishops , which your self haue ordeined , but ouer those also which shal be ordeined by the said bishop of yorke . and so in the authority of iesus christ our god & sauiour you shall haue subiect vnto you all the priests of brittany ; to the end that from your mouth and holines of life , they may receaue a true forme both of right belief , and vertuous life ; and therby performing their dutyes of good christians both in faith and manners , they may come at length by gods holy grace to enioye his heauenly kingdome , who keepe and defend you euer , most reuerend brother . the tenth day before the calends of iuly , mauritius being emperour . &c. the . indiction , anno domini . . by this epistle , and commission of pope gregory , we may see what authority he tooke himself to haue , for all matters spiritual and ecclesiasticall in our countrey : neither did he thinke herby to doe any iniury to king ethelbert , neither did the king take it soe , or imagine that himself had any spirituall iurisdiction , or ecclesiasticall authority to gouerne the church , by vertue of his temporall crowne , more now by being a christian , then he had before , when he was a gentile ; but only that now he was to gouerne ecclesiasticall persons also , in ciuill and temporall matters , and therby might rightly be called king of them both in the sense which befo●e in the second chapter of this answere we haue declared . . nay , good king ethelbert was so far of from thinking himself to receaue any preiudice against the power and authority of his temporall crowne , by the spirituall iurisdiction ouer him and all others , instituted by pope gregory ; as he infinitely reioyced therat , and presently made temporall lawes to confirme the same : hauing speciall care to prouide for the fafety , and immunity of the clergie , as s. bede doth signifie . and moreouer that he reduced the forme of his secular iudgements and tribunalls , to the likenes of those of rome . among other good things and benefits ( saith he ) which king ethelbert with his wisdome did bring into his nation , one was , that he appointed by the counsaile of wise men , the decrees of iudgements to be made according to the example of the romanes , which decrees being written in the english tongue doe remaine in vse and force vnto this day . so bede . who liued an hundred & fifty yeeres after . and this may suffice for example of the first kingdome conuerted to christian religion , which was of kent , and the countreyes round about euen vnto the riuer of humber . . but if i would passe to the consideration of other kingdoms also conuerted after this , & of their christian cōmon-wealthes instituted , and ordeyned according to the forme of this first , there would be much to say . for first some foure yeares after the conuersion of the sayd k. ethelbert of kent by s. augustine , was conuerted by the preaching of s. mellitus , sebert , or ( as s. bede calleth him ) sabered , king of the east-saxons ; and some fiue yeares after that againe , king sigebert of the east-angles , by the preaching of s. felix bishopp : and some seuenteene yeares after that againe , k. edwyn , of the northumbers , by the preaching of s. paulinus . and then further some nyne yeares after that● k. kinegilsus of the vvest-saxons , by the preaching of s. berinus : and about the same time prince peda of the mercians , or middle-iland people , by the persuasion of the good k. oswyn of northumberland . and finally about some . yeres after all this . k. ethelw●ld , or ethelwalch ( as s. bede calleth him ) of the southsaxons , was conuerted by the preaching of s. vvilfride . . all these pagan kingdomes , as they receaued the faith and kingdome of christ , by the industrye and labours of spirituall and ecclesiasticall men , that preached and instructed them , and were subordinate the one to the other , but all to the sea os rome : so did those kings ( now made christians ) subiect themselues vnto them , not only in matters of faith and beliefe , but in discipline also and ecclesiasticall iurisdiction , as sheep to their pastors , according to that which before you haue heard s. creg●●● nazianzen tell the emperour of his tyme ; and herby it came to passe , that albeit these different kingdomes had different te●porall lawes , for secular affayres before their conuersion , and reteyned the same afterward vntill england became one sole monarchie , as in the precedent demonstration you haue heard : yet in ecclesiasticall and church-matters , they had all one , and the self same lawes , though they were different kings , and enemyes for the most part , one to the other , liuing in contin●all warrs for the suspition , the one had , that the other would encroache vpon him . and yet shall you neuer reade , that any of them did goe about to punish a priest , or clergie man for bringing in any ecclesiasticall ordinance , function or order from his enemyes countreyes , which is an euident argument that all was one in ecclesiasticall matters , and consequently that these law●● and ordinances did not proceed from any of the kings authority , in their particular kingdomes ( for then would not the other haue receaued the same ) but from one generall body and head , which is the church , and vniuersall gouernour therof . . to all which may be added this consideration of one metropolitan , the archbishop of canterbury , who had the spirituall iurisdiction ouer the far greatest part of all these english king● dominions , wherof diuers were enemyes in temporall matt●●● to the king of kent , in whose territoryes his bishopricke and residence was : & yet did no one of all these other kings except against this his spirituall authority & ecclesiasticall iurisdiction , in matters belonging to religion , which doth euidently demonstrate that this ecclesiasticall power of the said archbishop , was a different thing from the temporall of these princes , and placed in a different person ; and that all these kings were one in acknowledgemēt of obedience vnto this spirituall iurisdiction , though in other things ech man had his temporall power and state a part . but if these powers were combyned togeather in the person of the prince , and annexed to his crowne and scepter , as m. attorney doth pretend ; then would ech of them haue had a seuerall metropolitan vnder him , independent the one of the other , which we see was neuer attempted , but all acknowledged the said archbishop of canterbury , or the other of yorke , in their districts , ac●ording to the power , and limitations giuen them by the bishop of rome , as already hath byn declared . and though much more might be said in this point , and many particularities alleadged , which for breuities sake i omitt , yet this already said , will suffice to shew the force of this argument . . one thing only i may not let passe , to aduertise the reader of , which is a certaine wyly slight deuised by m. attorney , to decline the force and euidence of this proofe saying that albeit those ecclesiasticall lawes were taken from others ; yet being allowed and approued by the temporall prince , they are now his lawes . but this shift is refuted by that which already we haue sett downe before . for if one & the self-same ecclesiasticall law , receaued by seauen kings and kingdomes ioyntly within our land , shal be said to be ech kings proper lawes , for that they are approued and receaued by him & his realme : then shall one and the self-same law haue seauen authors , yea more then seauenty : for that so many kingdomes and states , as through-out christendome shall receaue the same ecclesiasticall and canon-law ( for example ) made and promulgated by the generall pastor therof : ech particuler prince ( i say ) admitting the same , as he is bound to doe , if he be truly catholike , shal therby be said to be the particular author therof : which is no lesse ridiculous , then if a man should say , that euery prouince in france admitting a law made by the king in paris , should be the seuerall makers of that law . but for that i shall haue occasion perhaps to handle this point more at large afterward , i shall say no more now but passe to another demonstration . the third demonstration . . the third demonstration consisteth in this , that in all the tyme of our christian kings before the conquest , being aboue an hundred in number in the space of almost fiue hundred yeares ( as before hath byn said ) all doubts , or difficulties of greatest importance , that fell out about ecclesiasticall busines , or mē , all weighty consultations , and recourse for remedy of iustice , and decisions in ecclesiasticall causes of most moment , were not made to the kings of our realme , nor to their tribunalls , but to the bishops of rome for the tyme being , as lawfull iudges therof , both by the subiects and princes themselues : and consequently those princes did not hold themselues to be heads of their churches , nor did thinke that they had supreme ecclesiasticall iurisdiction , deriued from their crownes . and this point is so euident , in 〈◊〉 the course of our ancient english histories , & so aboundant to amples doe euery-where offer themselues to this effect , as a whole booke might be made of this point only . but i shal be myndfull of breuity , and out of many and almost infinite examples name a few , obseruing also some order of tyme therin . . we haue said somwhat before in the next precedent demonstration , of the beginning of spirituall iurisdiction & exercise therof in england by s. augustine our first archbishop vnder & gregory the pope ( both of them our apostles ) who did exercise , and put in vre spirituall iurisdiction ouer all the church of england , without reference to k. ethelbert , though he were a christian and a very good christian king. and when the sayd s. augustine dyed , he remitted not the matter to the said king , to appoint an archbishop after him , but by concession of the sea apostolike , did nominate two that should succeed him in order , laurentius and mellitus vpon the yeare of christ . as s. bede doth testifie . and some six yeres after that againe , the said mellitus being bishop of london , and hauing begun to buyld a certaine monasterie , at the west part of that citty ( called afterward vvestminster ) intending to make it a seminary of bishops and clergie-men for the spirituall help of the whole realme , he este●med it of such importance , as for that and other such ecclesiasticall affaires , he went to rome to take direction therin , from pope boniface the . who thervpon called a synod togeather in rome : de necessarys ecclesiae anglorum causis ordinaturus saith bede : to ordeine what was conuenient , about the necessary occasions of the english church . and that mellitus had his seat and place also , as bishop of london in that synod : to the end ( saith he ) that he retourning into britany , should carry the ordinations of this synod , to be obserued by the church os england and clergie therof . and further he addeth , that ●●nisacius the pope wrote letters by the said mellitus , as well to lau●ence then archbishop of canterbury , as to ethelbert their king , and to the whole nation of english-men , though now the said le●ters be not extant ; yet herby it is euident , , what authoritie they acknowledged in those daies to be in the bishop and sea of ro●● , about english affaires ; and that neither king ethelbert of ken● , nor king sebert of london and essex , being both christian princes did repyne therat , as done against the priuiledges of their crownes . . after s. mellitus , who dyed bishop of canterbury , there succeeded in that sea , by the appointment of pope boniface the fifth , the holy man iustus , bishop of rochester before , who by his doctrine and holie life , had holpen greatly to the reduction of eadbald king of kent , who after the death of his good father k. ethelbert , by dissolute life , had fallen backe againe to paganisme , and renounced the christian faith . but afterward returned againe , and became a good christian king : and presently therupon he wrote his humble letters of submission to the said pope boniface the fifth , as appereth by the popes answere vnto the said archbishop iustus , vpon the yeare of christ . related by s. bede , where boniface writeth : susceptis namque apicibus filij nostri eadbaldi regis , &c. we hauing receaued the letters of our sonne k. eadbald we doe fynd therby with how great learning of gods worde , you haue moued his mind to true cōuersion & vndoubted faith . and in the same letter he signifyeth , that togeather therwith he sent him ( to wit to s. iustus ) the pall , with authority of archbishop of canterbury : and further , concedentes etiam tibi ordinationes episcoporum exigente opportunitate , we doe also graunte vnto you power to ordeyne bishops , wheresoeuer opportunity for gods glory is offered . neither did pope boniface thinke to displease or iniure k. eadbald by writing in this sorte , or by giuing to this archbishop s. iustus such authority to make bishopps ouer all england , as herby he did , without respect of his kingly power as you see . . and not many yeares after this againe to witt vpon the yeare of christ . k. edwyn of the northumbers , regum potentissimus inter anglo-saxones : saith malmesbury the most potent of all other kings amongest the english-saxons was conuerted to the christian faith by the preaching of s. paulinus sent thither from kent , by the foresayd iustus archbishop of canterbury , as to accompany the most christian lady ethelburga daughter of k. ethelbert , who was married to the said k. edwyn , vpon hope of his conuersion to ensue therby , as after it did . this man then some dozen yeres after his said conuersion , desiring to haue an archbishopricke erected in his kingdome in the citty of yorke , and to haue paulinus that was there with him , to be made archbishop therof , not esteeming it to be in his owne power , to doe the same of himself , or by his parlament , though he were a christian king : whither thinke you , or to whome did he make recourse and sute to haue the same effected ? s. bede saith that he sent an ●●bassadge to rome , to pope honorius to demaund this benefit at 〈◊〉 hand , as also for so much as the foresaid s. iustus archbishop of canterbury was now dead , he would appoint some other in 〈◊〉 place , and namely a holy reuerend man called honorius ; and that for auoyding of so often recourse to rome in those troublsome dayes , full of warrs and daungers ; he would vouchsafe to appoint , that whosoeuer should dye first , of these two archbishops of his district , honorius and paulinus ( for now the gouernment of kent apperteyned also to edwyn ) the suruiuer of the two , should appoint and consecrate a successour vnto him that dyed . all which demaunds honorius the pope graunted vnto k. edwyn , as appereth by his answere recorded by s. bede in these wor●● eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis &c. as f●● the things which you hope i will ordeyne for your two priests ( paulinus & honorius ) we doe willingly , & with a gratefull minde , and without all delay goe about to performe , in respect of the syncerity of your faith , which by the faithfull relation of the bearers of your letters , was much to your praise insinuated vnto vs. and therfore we haue sent vnto honorius , and paulinus two palls of metropolitanes , and haue ordeyned , that whosoeuer of them two shall first be called out of this world vnto his ma●●● the other that remaineth may ex hac nostra auctoritate , by this our authoritie giuen him subrogate another in his place . which priledge we are induced to graunt , as well for the speciall affection of loue , which we beare towards you , as also in regard of so long distance of countryes , that lie betweene you and vs &c. . thus wrote honorius the pope to k. edwyn in these day●● , and thus he thought of his ecclesiasticall iurisdiction ouer england , as well as other countreys . neither did k. edwyn thi●●e himself iniured therby , but much honoured and obliged . and the same pope honorius writing at this very time , to the forsaid honorius whome he had made archbishop of canterbury , by sending him the pall , ( as you haue heard ) beginneth his letter thus : dilectissimo fratri honorio , honorius : and then shewing him what authority he had sent to him , and to paulinus archbishop of yorke , he hath these words : quae pro vestrarum ecclesiarum priuilegijs cōgr●●r● posse conspicimus , non desistimus impertire : we doe not ceasse to graunt vnto you those things , which we see to be cōuenient for the priuiledges of your churches &c. consider of this superiority . . and after this againe , about some thirty yeares , the sixth archbishops of canterbury being dead , whose name was adeodatus , the two kings of northumbers and kent , to witt oswy and egbert , being very solicitous ( saith s. bede ) to haue a good archbishop giuen them , that might appoint good bishops , throughout the realme , resolued to send a common embassadge to rome to pope vitalianus , to obteyne the same . and the more to facilitate the matter , they caused an english priest , named vvighard , cum electione & consensu sancta ecclesia gentis anglorum , saith the same author , by the election and consent of the holy church of the english-nation , to be sent to rome and presented for this effect . and togeather with him they sent certaine religions oblations & almes to the vse of s. peters chappell , but the said priest dying , so soone as he arriued , could not satisfie their desires . whervpon the pope wrote backe seuerall letters , wherof that to king oswy began thus : domino excellentissimo , filio oswie regi saxon● , vitalianus episcopus seruus seruorum dei , &c. wherin after congratulation for his zeale and feruour , and the presents , gifts , and offerings sent to s. peters chappell , he answereth to the busines proposed thus : we could not find out at this present , a fitt man to be made archbishop and sent vnto you , according to the tenour of your letters , but as soone as any such person shall be found , as is apt , we shall direct him to your countrey with our instructions , &c. he that brought your tokens hither so soone as he had visited the churches of the holy apostles was taken away out of this life , to our great griefe . but to the bearers of these our letters , we haue deliuered for you certaine sacred reliques , to witt of s. peter and of s. paul , s. laurence , s. iohn , s. pancratius , and s. gregory : and vnto your queene our spirituall daughter , we haue sent a crosse , and golden key , hauing in it some parcells of the sacred chaines , wherwith the apostlds s. peter and s. paul were bound . . thus wrote the pope at that tyme , not being able to giue them an archbishop fitt for the present , but afterwards ( saith bede ) he being very carefull therof , and enquiring amongst learned men , whome he might choose , he first cast his eye vpon one adrian an abbott of a monastery neere vnto naples , which adrian was by natiō an african , but very skillfull in the latin & greeke tongue , & well instructed as well in monasticall , as in ecclesiasticall functions . but this man flying the dignity of archbishop , named vnto the pope one theodorus a monke , borne in tharsus of cilicia , as s. paul th'apostle also was , a man of excellēt learn●●● and vertue , whome pope vitalianus commaunded to take the charge vpon him of being archbishop of canterbury , and metropolitan of the english church : which thinge he refusinge for a tyme , yet at length accepted it with condition , that the forsaid adrian should goe thither with him , and so he was consecrated , and sent with authority to create other bishops , thorough-out england , as he did . he arriued there vpon the yeare . and wa● ioyfully receaued by the foresaid kings , and christian people , & liued twenty yeares in that sea . neither were there euer ( saith bede ) after the english-mens arryuall into britany more happy tymes then these , when our nation had most valiant christian kings , that were a terrour to barbarous nations , and when all men desires were enflamed with the loue of christes heauenly ioyes , lately reuealed vnto them ; so as whosoeuer had desire to be instructed in sacred doctrine , had maisters ready to instruct them ( by the diligence of this new archbishop ) and not only this , but all english churches also began now by the industry of the abbot adrian , to learne the tune of singing in the church , throughout the realme , which before was only in kent , &c. theodorus also visiting the whole realme , ordeined bishops in all opportune places , and whersoeuer he found any thing not perfect , he by their helpes did correct the same . hitherto are the words of s. bede of this our christian primitiue church . . and all this now is within the first hundred yeres therof , when it was most happy , feruent , and deuoute by s. bedes iudgement ; but much more remaineth to be said of the same , if i would consider euery particuler kingdome , and what passed therin this first age . but if i should passe downe with like search through the other foure hundred yeares , that doe ensue befo●e the conquest , i should not be able to conteyne my self within the compasse of this booke , and much lesse of one chapter , and of one only argument , or demonstration therof . for that euery where during this tyme , we shall find that all our christian kings , in all spiritual matters , appertaining to ecclesiasticall iurisdiction , made their recourse to rome , or to the archbishop● or bishops of england , as subordinate or authorized from th●● sea ; nor euer did they by act , worde , deed , or decree signifie that they thought to haue ecclesiasticall power or iurisdiction to dispose of those affaires themselues , except perhaps some tymes , and of some things by commission from the other . . let amongst others the wise and renowned king edgar the first publicke author of english lawes , be an example , who hauing in hand a most important consultation , how to reforme the liues of clergie men of this realme , but especially of certaine secular priests in those daies , procured first that s. dunstan the archbishop , of canterbury , should call a synode about the same , who resoluing that the best meanes would be , to put in religious men , to witt monkes into euery cathedrall church , in place of the other that liued disorderly , the king tooke not vpon him to doe it himself , by his owne kingly authority , or to giue commission to any of the said bishops to doe the same , but made his recourse to rome to pope iohn the . praying him to authorize the two holy bishops of vvinchester , & vvorcester , to wit s. ethelwold , and oswald , to make this reformation , which he would neuer haue done , if he had thought , that by his owne kinglie power , descending from his crowne , it had belonged to himself ; or that his parlament might haue giuen him the said authority of visiting and reforming , altering and disposing , as it did to q. elizabeth . . and this may be shewed from one to one , in all this time throughout the raignes of aboue an hundred christian kings before the conquest , as hath byn sayd , if the breuity of this place did permitt me to prosecute the same . and my aduersary is not able to shew me one instance out of all this time truly & sincerly alleadged to the contrary : & in this i chalenge him , if he thinke himself able to answere me : and so shall i passe to the fourth argument , if first i recite one example more out of the second age after our conuersion , for it is of eminent circumstance , and declareth fully what was the sense of our kings , and their nobilitie and clergie in those dayes . . next after k. ethelbald , who was the fifth christian king of the mercians , and to whome s. bonifacius ( called vvinfred before ) martyr , & apostle of germany wrote so sharpely to amend his life , as in all our english histories is to be seene , there succeded k. offa , who did great matters in his dayes , and as malmesbury writeth , had both great vices and great vertues : and among other things , he bearing a grudge to the people of canterbury , and to their archbishop lambert , he pretended to seperate from the obedience of that sea , all the bishops , and bishoprickes that were within the kingdome of mercia , which were the grea●er 〈◊〉 of the suffraganes of that sea , and to procure them by the consent and authority of pope adrian to be subiect to the bishop o● lichfield , as to the chief metropolitan of his dominion● and so many reasons he alleadged and vrged for the same , togeather with his might and power , that the said pope adrian ( as after you shall heare ) began to yeld somewhat to his demaund , notwithstanding the often appellations of the said archbishop lambert , but pope adrian dying , & leo the third being chosen in his place , offa dyed in like manner soone after , as also the archbishop lambert , & in offa his place succeded kenulphus a most noble king , and to the sea of canterbury for lambert was chos●● athelardus , that had byn bishop of vvinchester before , one of the rarest men , if we beleeue famous alcuine maister to charles the great , that euer our nation bred . . this archbishop then , hauing made his appeale also to rome , as his predecessour had done , for recouering the ancient honours , and iurisdiction of his church of canterbury , vsed such meanes , as at length he persuaded k. kenulphus to be content therwith , and that himself might goe in person to sollicite the same ; and so he did , with a letter of the sayd king himself , and of all his bishops , and nobilitie gathered togeather about that affaire : you shall heare some clauses of the said letter , and therby iudge of the rest . it beginneth thus . domino beatissimo &c. to the most blessed and most louing lord leo , bishop of the holy and apostolicke sea of rome , kenulphus by the grace of god , king of the mercians , with the bishops , dukes , and all other degrees of honour and dignitie vnder our dominion , doe send salutations of most syncere loue in christ &c. this is the title of the epistle wherin after many thankes giuen to god , for the election of 〈◊〉 good and pious a pastor in place of adrian deceased , he shewed the speciall reason why english men aboue others , had cause to reioyce therat , saying : nos quoque meritò quos extremitas orbis tenc● prae caeteris gloriamur , quia vnde tibi apostolica dignitas , inde nobis fidei ver●tas innotuit . we also which dwell in the extreme partes of the world , doe reioyce aboue other men at your election , for that whence you haue receaued your apostolicall dignitie , the ●● haue we receaued the truth of our faith . and then he goeth forward desiring humbly pope leo , to giue him his apostolic●●● benediction , to the end he may gouerne his people well ; 〈◊〉 benediction ( saith he ) all my ancestours that haue raigned ouer the mercians , haue obteyned of your predecessours , & i doe in all humility demaund the same of you , and that you will take me for your adopted sonne , as i doe loue you , as the person of my father , and doe embrace you with all the force of obedience that i can . these are his owne words . . and then yet further after diuerse such speeches of piety , he commeth to beseech the said pope to examine the matter , & to resolue the doubt , which the archbishop athelardus was to propose vnto him , about the iurisdiction of the sea of canterbury , & that the decision might be according to the canons , and apostolicall decrees of s. gregory the first , who sent s. augustine into england , and by his authority founded that sea of canterbury , shewing moreouer that his predecessor king offa , was the first that euer attempted to withdraw the bishopricks of mercia from the obedience of canterbury , and that ( as he saith ) for emnytie that he had with archbishop lambert , and for aduauncing his owne kingdome of mercia , by making lichfield a metropolitan . wherfore he concludeth thus : quare excellentiam vestram humiles exor amus , quibus à deo merito clauis scientia collata est , vt super hac causa cum sapientibus vestris quaeratis , & quicquid vebis videatur nobis seruandum rescribere dignemini , &c. wherfore we humbly beseech your excellency , vnto whome god hath worthily giuen the key of knowledge , that you will consulte with your wise & learned men about this cause , and whatsoeuer shall seeme good to you , doe you vouchsafe to write it backe vnto vs , that we may obey and obserue the same . . thus wrote k. kenulphus , vnto whome the pope answered : domino excellentissimo , filio kenulpho regi merci●rum prouinciae saxoniae , leo papa &c. and in this letter after congratulation of the piety of the sayd king , and commendation of the archbishop athelard he declareth , that according to the canons of holy church , and institution of s. gregory the first ( which institution he saith , he found extant in the recordes of the roman church ) he determined that all the bishops and bishoprickes of mercia should retourne to the obedience of the sea of canterbury againe , & then for more commendation , dignity , and authoritie of the archbishop athelard , he hath these wordes ; vve by the authority of s. peter , prince of the apostles , whose place though vnworthily me doe hold , haue giuen vnto him such preheminence , as if any one of his subiects , whether they be kings or princes , or any of the people , shall transgresse the commaundements of god , he may excommunicate them vntill they repent , and if any repent n●t , ( and marke that the king and his princes also are declared to be subiect to him and to his ecclesiasticall censures ) let them be held ●● heathens and publicanes . so he : and by these two examples of king offa and kenulphus , in their recourse to pope adrian and leo the third , in so great an affaire as this was , concerning their state , & dominions , we may easily see , what accompt they made in those dayes of the popes authoritie in like cases , and they neuer so much as dreamed , that themselues by right of their temporall crownes , had power or right to determyne the same . . i might adde to this consideration of missions out of our realme into diuerse countryes , for preaching the word of god , which allwayes was done by the popes order and commission , & not by temporall princes , as all examples doe testifye both the sending of our apostles , & first preachers augustine , laurence , paulinus , iustus , mellitus , honorius , & theodorus into england ; as also when germany , frizland , and other countries were by gods holy prouidence and appointment , to be conuerted by english-men , bonifacius , vvillebrordus and others , they tooke not their mission from temporall princes , but from the popes ; no not of the princes of the places themselues . for when s. vvillebrord was to goe to preach in frisia , which newly by force of armes king pipin had subdued , florentius writeth thus : vvillebrord , hauing obteyned licence of prince pipin to goe and preach in frisia , went to rome to aske licence of pope sergius , that he might begin his worke of preaching , which hauing obteyned he began the same anno. . & foure yeres after he was made archbishop of the sayd countrey , by the sea apostolicke , as s. bonifacius was of the germanes . . and so much of this third demonstration might suffice , because we haue byn ouerlong already , but that i cannot well omit one other consideration of moment , to the same purpose , which is of certaine dispensations vsed to be procured frō rome in those auncient times & afterward , for quetting of mens consciences , when any scruple fell out . as for example . when king egbert the first famons monarch of our english realme , dyed vpon the yeare of christ . as stow reckoneth the yeares , though others assigne it some yeares before , there remayning vnto him one only child called adelnulfus or ethelwolfus , or adulphus ( for by all these three names , there is mention of him in diuers authors ) who being brought vp sub sanctissimo padag●go swithun● ( saith malmesbury ) vnder the most holy scholmaister s. swithyll bishop of vvinchester , was at length made ( subdeacon ( as the same author saith ) of that church , & some other as stow citeth , doe affirme that he was made bishop of vvinchester and abbott of geruaux : but his said father being dead , and none other left of the bloud-royall to succeed him , he was persuaded for the publicke good of his countrey , vpon the dispensation of pope leo the third , procured by his father before ( notwithstanding his said holy order of subdeaconship ) to accept the crowne , and marry , & so he did : concedente leone illiuis nominis tertio , ex gradu subdiaconi vvintoniensis , in regem translatus est . by the concession , or dispensation of pope leo the third he was translated from the degree of a subdeacon in the church of vvinchester , to the crowne-royall . so malmesbury . wherevnto both he and stow doe add , that he married soone after iudith daughter to charles the great king of france , by whom he had foure sonnes , which all succeeded him after in the crowne , and he liued so long , as he sent his fourth son alured , or alfred a goodly young prince at that tyme , to be brought vp in rome , vnder leo the fourth of that name , which began to sitt in that sea , vpon the yeare . to whome k. ethelwolfe went also after himself in person , and receaued many fauours , and spirituall graces from him . and thus doe write our auncient historiographers in this matter . . the other example may be of king edward the confessor , who hauing made a vow to goe in person to rome , and being dissuaded from the same , by the consent of his whole realme , for the daungers of the wayes in those troublesome tymes , and for the necessity of his presence at home , was forced to aske dispensation of his vow at the handes of pope leo the nynth , whoe graunted the same willingly , as appeareth by his letters therof written , appointing him to bestow in almes vpon the monastery of vvestminster , what otherwise he should haue spent in his iourney : and the same was confirmed after againe by pope nico●●s the second ( vnto whome the said king wrote also for the confirmation of pope leo his sentence ) that succeeded in the sea of rome , though not immediatly after the former , as by diuers clauses of both their letters which we will produce in the next ensuing chapter , doth most euidently appeare . . and for other two examples after the conquest ( to omit the rest ) may serue , first that of king iohn , who sued to pope innocentius the third , to be dispensed withall for his oath which he had made to the barons of england , vpon feare and coaction as he pretended , wherof more afterward shall be said , when we come to treat of his life and raigne in particular . and the other of king henry the seuenth , who procured from pope iulius the second , that notorius dispensation for prince henry his sonne , to marry the princesse katherine of spaine , left by his brother arthur , wherabout there was so much adoe afterward , for auoyding the force therof , when their diuorce was treated in england , and elswhere abroad . others i omitt because these alone are sufficient to shew what opinion was held from time to time by the kings of england concerning the popes soueraigne supreme authority in spirituall matters , belonging to conscience and direction of soules ; farr different , yea quite contrary to that which m. attorney would persuade his reader . now let vs passe on to some other demonstrations . the fourth demonstration . . the fourth argument , is gathered out of that which before we haue mentioned in the precedent chapter , of confirmations of churches , hospitalls , monasteryes , and other pious workes , that are to be perpetuall , and of priuiledges immunityes , and exemptions , graunted thervnto ; which alwaies were demaunded of the sea apostolike in these dayes ( as they are now in ours ) and their foundation was neuer held for firme to perpetuity , without the said confirmation , and ratification of the bishop of rome , which is a signe that they acknowledged his supreme spirituall authority , and that it was not in their temporall kings : especially for so much as the said kings themselues , did sue to rome for such confirmation , ratification , and spirituall priuiledges , as the workes by them founded had need of . . and of this , infinite examples might be shewed throughout all this tyme before the conquest , but i must moderate my self , as well in this , as in the former ; and therfore shall touch some few only and those all as briefly as i can , for that this chapter groweth to be ouerlong . we haue shewed how king ethelbert ●or the first monastery that euer was in england , within foure yeares after his conuersion , procured confirmation and exemption therof from s. augustine archbishop and legate of pope gregory : and how s. mellitus some yeares after that , being the third archbishop of the same sea , went to rome in person , about the confirmation of his monastery of vvestminster ( by pope bonifacius ) and how pope honorius after him againe graunted priuiledges to the churches of canterbury and yorke , at the petition of king oswyn of northumberland , & of king egbert of kent . and this course was held afterward by all other kings , in the founding of churches , monasteries and other pious workes ; to wit that they made recourse vnto rome and the bishops therof , for the confirmation , ratification , establishment , priuiledges & exemptions of the same in spirituall matters , which by all likelyhoode they would not haue done , if these kings had thought themselues to haue had sufficient authoritie , from their crownes , to doe the same without dependance from the sea apostolicke . . we reade in s. bede that in the time of king egfrid and s. theodorus before mētioned the seuenth archbishop of canterbury , about the yeare of christ . one biscopus an abbot , otherwise called benedict , hauing by the licence and liberality of the said king , builded a monastery neere to the mouth of the riuer vvyer , went by consent of the sayd king to rome , to aske confirmation and priuiledges of pope agatho : he demaunded and receaued ( saith s. bede ) of pope agatho a letter of priuiledge , confirmed by his apostolicall authority , for the defence and strengthning of the liberty of his monastery , according to the will and meaning of king egfrid , by whose licence and liberall gift of lands aud possessions , he had erected the same monastery . so bede . who also in another parte of his workes , writing the life of s. bertolphus a holy abbot , saith : that in the dayes of honorius the pope , for that a certaine bishop went about to molest the said holy mans monastery , he made a iourney to rome to demaund franquises and exemption for the same , from the said episcopall authority : cui praebuit ( saith bede ) optatum munus sanctus papa , priuilegia scilicet apostolicae sedis , quatenus nullus episcoporum , in praefato coenobio quolibet iure dominari conaretur . vnto which holy man , the holy pope honorius gaue the gifte which he desired , to wit the priuiledges of the apostolicall sea , to the end that no bishop vnder any pretēce of right whatsoeuer , should goe about for the tyme to come , to take vpon him any dominion in that his monastery . . furthermore some few yeares after this againe , vnder pope sergius , there went to rome to be baptized , the famous young king ceadwalla of the west-saxons , of whome malmesbury saith : tantum etiam ante baptismum inseruierat pietati , vt omnes manubias quas iure praelatorio in suos vsus transcripserat , deo decimaret . he did obserue such piety euen before his baptisme , as he gaue to god the tythes of all his spoyles , which he had applied to his owne vse out of the bootyes he had gotten of his enemyes ; of whose baptisme and death in rome we shall haue occasion to speake after . to whome the famous king inas succeeded both in his kingdome and vertues . and with both of them was insingular credit , the holy abbot s. adelmus , afterward by the said inas , made bishop of shirborne , who going to rome with the said ceadwalla , retourned after his death , and carried with him saith malmesbury , priuilegium quod pro libertate monasteriorum suorum ab apostolico sergio impetrauerat , quod libens inas confirmauit , & multa dei famulis eius hortatu contulit , & ad extremum renitentem episcopatu honorauit . he brought from rome the priuiledge for the liberties , or franquises of his monasteryes , which he had obteyned of sergius bishop of the sea apostolicke ; which priuiledge king inas did willingly confirme , and by his persuasions did bestowe many benefits vpon gods seruants , and last of all honoured him also with a bishopricke ( to witt of shirborne ) though he resisted the same what he could . . and moreouer he saith of the same king , & of his respect vnto the aforesaid saint and learned bishop ( for malmesbury saith he wrote an excellent booke of virginity , dedicated to the nunns of berkensteed , wherby many were moued to that holy kinde of life ) : eius pracepta audiebat humiliter , suscipiebat granditer , adimplebat hilariter . king inas did harken to the precepts of adelm●● with humility , receaued the same with great estimation , and fulfilled them with alacrity . and this point concerning the priuiledges of monasteries , fell out about the yeare . and in the number of these monasteries , the same malmesbury treating of the yeare . in king stephens time , saith that the abbey of malmesbury was one : and in the former , he signifieth that inas obteyned also , the like priuiledges for diuers monasteryes : reg●is sumptibus nobiliter a se excitatis . nobly erected by him with royall expences : and that the abbey of glastenbury was one , whose most ample priuiledges both from popes , and diuerse princes , were renewed and ratifyed againe largly in k. henry the second his time , as all our historyes doe sett downe . . and all this hapned out in the first age of our primitiue church , and it would be ouerlong to run ouer the rest with like enumeration , but yet some few more examples we shall touch , as they offer themselues in order . and first we read that immediately after this first age , to wit in the yeare of christ ● . two famous kings , kenredus of the mercians , and offa of the east-saxons , leauing voluntarily their kingdomes , and going vpon deuotion to rome , there to leade and end their liues , in prayers , almes , & other pious exercises , there went with them as ghostly-father and directour of that deuout iourney ( as after more largely shal be shewed ) egwyn third bishop or vvorcester , as florentius declareth , who retourning home required of them , as it semeth no other reward , but that by their intercession and his owne , he might obteyne of pope constantine , and charter of priuiledges , for a monastery of his , newly erected within the territory of vvorcester , which the said two kings had endued with many temporall possessions ; and so he did , and retourned with great contentment for the said priuiledges and exemptions obteyned for his foresaid abbey of euesham . ( for soe it was called ) and by this we see , that he did not holde his said abbey for secure , and well defended , by the prouisions of the said kings , except he had obteyned also his confirmation therof from rome . . next after this we read , of the foresaid famous king offa of the mercians , who meaning to buylde a royall , & stately monastery vnto the protomartyr of englād s. alban , went to rome to pope adrian , to aske licence , confirmation , and priuiledges for the same , vpon the yeare ( as matthew of vvestminster writeth ) . and among other exemptions ( to vse his owne wordes ) that he might haue it ab omni episcoporum subiectione emancipandum , that is to say , that it might be free and exempted from all subiection of bishops : which the pope graunted willingly , as appereth by his letter vnto the said offa , wherin among other things he saith : fili charissime &c. most deare chyld , and most potent king of the english offa , we doe commend greatly your deuotion , concerning the protomartyr of your kingdome s. alban , and doe most willingly giue our assent to your petition of buylding a monastery in his memory , and doe priuiledge the same &c. wherfore by the counsayle of your bishops and noble men , you may make your charter , and afterward we shall confirme and strengthen the same with our letters , and exempt the sayd monastery from all authoritie of bishops and archbishops , and subiect it immediatly to this our apostolical sea. so vvestminster● wherby we may see that this potent king offa did not pursuade himself that he had authoritye by the right of his crowne , to giue ecclesiasticall exemptions to the monasteries of his realme , though they were of his owne founding : which yet m. attorney , as you haue seene in the former chapter , would needes proue by the example of k. kenulsus , about whose tyme as before hath byn alleaged out of marianus scotus , bishop rethurus was sent to rome to obteyne priuiledges for the abbey of abindon from the sea apostolicke as he did . . but before we passe from this example of king offa , let vs heare the words of mathew paris about this fact : ipse insuper ( sayth he ) rex offa in quantum potuit aliquis rex , coenobium sancti albani quod ipse magnificè fundauit , liberum esse constituit in temporalibus , & vt ipsum liberum faceret in spiritualibus , romam in proprio corpore adijt . this k. offa moreouer so much as a king might doe , made the monastery of s. albanes , which himself magnificently had founded , free in all temporall affaires , and that i● might in like māner be free ( or haue priuiledges ) in spirituall matters , he went in proper person to rome &c. behold the distinction , how a king could giue libertyes , and priuiledges in temporall things , but could procure them only in spirituall from the sea apostolicke ; which is quite opposite to all that m. attorney affirmeth , but let vs goe forward . . after this againe we reade in vvilliam of malmesbury , of the greate and godly king edgar , who ruled ouer all england , that he hauing a speciall deuotion to the fore-mentioned abbey of glastenbury , wherevnto he had giuen great possessions , sent a solemne embassage to rome , vnto pope iohn the thirtenth , at the very same tyme , when there was a synode there gathered togeather , to witt vpō the yeare . beseeching the said pope , that he would confirme the priuiledges already graunted by the said king vnto the monastery of our blessed lady in glastenbury , ( behold how the king graunteth priuiledges vnder ratihabition , in hope of ratification by the pope ) and so ( saith malmesbury ) direxit ch●rographum regiae liberalitatis , orans vt & ipse hoc roboraret scripto apostulicae auctoritatis . and the king directed vnto the said pope letters written with his owne hand , testifying his princely liberality , bestowed vpon the same monastery , beseeching that the pope also would strengthen the same with some writing of his apostolicall authority . which embassadge of the kings pope iohn receauing benignly , and by the vniforme consent of the councell gathered togeather , confirmed the said priuiledges of k. edgar by an apostolicall rescript , and not only did he confirme that which edgar had done before , but added diuerse spirituall priuiledges besides , saying amongst other things thus : vve yelding to the humble petion of king edgar , and archbishop dunstane , doe receaue the said place ( of glastenbury ) into the bosome of the roman church , and into the protection of the blessed apostles , endewing and strengthning the same , with diuerse priuiledges , namely that the monkes may chuse vnto themselues a pastor or abbot of their owne , in whose power it shal be to prefer monkes and clerkes vnder him to holy orders ; that no man may molest them , take , or retayne any thing of theirs , &c. concluding in the end thus . in the name of the father , the sonne , & the holy ghost &c. euerlasting malediction to the breakers therof . whervnto malmesbury addeth this contemplation : perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis . let the contemners of so great a threat or commination consider , how heauy a sentence of excommunication they doe vndergoe . so he . a thing ( no doubt ) worthy to be remembred in these our dayes . , and many more examples of like priuiledges , might be alleadged , vnder the same king edgar , confirmed mutually by the pope and king , and namely one related by ingulphus , which was giuen by a charter of the said king vpō the yeare . subscribed by himself and thirty two other witnesses , to the monastery of medeshamsteed , now called peter-burrow : ego edgarus totius albionis basileus . &c. i edgar king of all albion , doe graunt most willingly that the holy , & apostolicke monastery of medeshamsteed shall be free for euer from all secular causes & seruices ; & that no ecclesiasticall or lay man shall haue dominion ouer the same or ouer the abbot therof &c. and moreouer that it be secure eternally , from all worldly yoke ; and that it remayne free from al episcopall exaction and molestation , according to the libertyes giuen therunto by the sea apostolicke , and the authority of the most reuerend archbishop dunstan &c. and furthermore we haue thought good to corroborate by this charter the said priuiledges from the sea apostolicke of the roman church , according to the first institution of the said monastery , which whosoeuer shall presume to infringe , let him be damned eternally to hell-fyer , by the punishment of the high iudge s. peter & all the order of saints . thus far that charter . . and finally not to goe further in this argument wherof infinite examples might be alleadged , i shall end with one only more to shew the perpetuity , and continuance of this vse taken out of the fifth age of our english church , to witt of king edward the confessor , not long before the conquest , who hauing a great desire to enlarge the monastery of vvestminster with new buyldings and possessions , dealt with two popes therin , to witt leo the nynth , and nicolas the second , asking their approbation and confirmation therof , which they graunted one after the other . leo wrote backe vnto him in these wordes : leo episcopus servus seruorum dei : dilecto silio suo edwardo anglorum regi , salutem & apostolicam benedictionem . and then he beginneth his letter . quoniam voluntatem tuam laudabilem , & deo gratatu cognouimus , &c. for that we haue vnderstood your intention to be laudable and gratefull to god , &c. we doe agree vnto the same , and doe commaund by our apostolicke authoritie , that whatsoeuer possessions you haue giuen or shal giue , vnto your said monastery of vvestminster , it be firme , and appertayne vnto the monkes , and that the said place be subiect vnto no other lay person , but only to the king ; and whatsoeuer priuiledges you shall there appoint to the honour of god , we doe graunt the same , and confirme the same by our most full authority , and doe damne finally the breakers therof vnto euerlasting malediction . . thus pope leo the nynth , who dying vpon the yeare of christ . two-other succeded within the space of foure yeares , to wit victor the second , & stephen the tenth , after whome succeded nicolas the second , vnto whome s. edward made sute againe by a solemne embassage , for confirmation of his said priuiledges of vvestminster and other affayres , giuing this title to his letter , as before hath bene noted . to the highest father of the vniuersall church nicolas , edward by the grace of god king of england , doth offer due subiection and obedience . wherunto the pope answered in these wordes : nicholas bishop and seruaunt of the seruaunts of god , vnto the most glorious and pious , edwarde king of england , most worthie of all honour , & our speciall beloued sonne , doth send most sweete salutation and apostolike benediction . and after many louing and sweet speeches in the said letter , he saith to the petition it self about priuiledges : renouamus ergo , & confirmamus , & augemus vobis priuilegia vestra , &c. we doe renew and confirme , and encrease vnto you your priuiledges : and for so much , that this place of vvestminster , from antiquity hath belonged vnto the kings of england , we by the authority of god , and the holy apostles , and of this roman sea and our owne , doe graunt , permitt , and most strongly confirme , that the place for euer be of the iurisdiction of the kings of england , wherin their royall monuments may be conserued , and that it be a perpetuall habitation of monkes , subiect to no person but to the king , &c. we doe absolue the place also , from all seruice & subiection of the bishop , &c. and whosoeuer shall goe about to infringe , or inuade , or diminishe , or vndoe any of these priuiledges , we damne him to euerlasting malediction , togeather with the traytor iudas : that he haue no parte in the blessed resurrection of saints , &c. thus he . and with this shall we end this fourth consideration or argument , whereby is sufficiently made euident , if nothing else were , how vayne , and vntrue the imagination of m. attorney was in the former chapter , who by the pretence of certayne words , in the charter of k. kenulsus , to the monastery of abindon , would seeme to persuade himself , & others that our english kings in those dayes , did take vpon them spirituall iurisdiction , to giue priuiledges , & exemptions from episcopall authoritie vnto monasteryes , and consequently , that they had all supreme iurisdiction ecclesiasticall , in as ample manner , as q. elizabeth tooke vpon her , or was giuen vnto her by act of parlament , which is a most euident dreame as you see . the fifth demonstration . . now then to passe to the fifth argument , which maketh matters yet more manifest , the same is taken from the consideration of appeales when any controuersie fell out , either betwene the king and his bishops , or betwene any lay power and ecclesiasticall , or betwene bishops and churches themselues ; which appeales shall neuer be read to haue byn made in these times before the conquest , either to the king , or to his secular courtes , but rather to the archbishop of canterbury or to the pope for the tyme being . . and albeit in this time of religious feruour of our eng●●●● kings , there were fewer occasions giuen of appeales to the sea apostolicke , then after the conquest when kings were lesse deuout and sometymes more violent , as may appeare by the examples of s. anselme , s. thomas , s. edmond all three archbishops of canterbury , thurstan , s. vvilliam & gaufred archbishops of yorke , s. richard of chichester , hugh of durham to speake nothing of that notorious appeale betwene richard of canterbury against king henry the third and hubert earle of kent , and diuerse others , as is euident by the histories of our countrey , in which we fynde that alwaies the bishops for remedy of such aggrieuaunces , as either by the kings , nobility , or others after the said conquest were layd vpon them , or their churches , made their recourse for succour to the sea apostolicke : yet before the conquest also though the occasions ( as i said ) were not so frequent sometimes they were driuen to vse the benefit of this remedy , as we see in the two archbishops of canterbury , lambert and athelard before mentioned , vnder king offa and kenulfus of the mercians : and before that againe in the famous cause of s. vvilfryd archbishop of yorke who in the very first age after our conuersion , was twice put out of his bishopricke , and forced to appeale to rome , first by egfryd king of the northumbers , and then by alfryd his successour , with the concurrence against him of certaine bishops . and both times he appealed vnto rome , as s. bede declareth , and to follow his appeales , went thither twice in person , and was twice absolued ; first by pope agath● in a synode of an hundred twenty and fiue bishops , vpon the yeare of christ . and the second tyme by pope iohn the seuenth six and twenty yeares after , to wit vpon the yeare . of the first absolution , s. bede himself writeth that he was not only found innocent , and thervpon cleered by the pope and whole synode ( as hath byn said ) but that they thought good likewise , to giue him his place in the said councell , and to note his absolution , and the speciall respect borne vnto him in the very acts of the sayd councel , holden against the monothelites in these words : vvilfryd the beloued of god , bishop of the citty of yorke , hauing appealed to the sea apostolike in his cause , and being absolued by the authority of this councell in all things , both certaine and vncertaine , was placed in his seat of iudgemēt togeather with an hundred twenty fiue his fellow-bishops , in this synod , and hath confessed the true and catholike faith , and confirmed the same by his subscription , for himselfe and all the north partes of britanny and ireland , which are now inhabited by english-men , britanes , scotts , and picts . . thus relateth bede of s. vvilfrids first appellation , and most honourable absolution in rome , and that then retourning to his countrey he conuerted the kingdome of the south saxons , and that afterward againe , being inuyted by king alfred , that succeeded egfryd , to returne to his bishopricke of yorke , heat length vpon persuasion of good men accepted therof . but after fiue yeres he was expulsed againe by the said alfred , and appealed againe to the sea apostolike , and went to rome to pope iohn the seuenth ( as hath byn said ) who hearing his cause in the presence of his aduersaryes , and accusers togeather with many bishops that did sit in iudgemēt with him : omnium iudicio probatum est , &c. saith bede . it was proued by the iudgement of all , that his accusers had deuised certaine calumniations against him : whervpon he was absolued ; and letters were written ( saith bede ) by the foresaid pope iohn vnto alfred , and edelrede kings of england that they should cause him againe to be receaued into his bishopricke , for that he had byn vniustly condemned . this is the summe of the story , breifly sett downe by s. bede . but vvilliam of malmesbury writeth the same , to witt , both these appellatious of s. vvilfryd much more at large , telling how the first persecution against this holy bishop had beginning from the enuy of queene ermenburga second wife to king egfryd of the northumbers , who vnderstanding that his first wife ethelreda did loue , & reuerence much this good man , she thought it a sufficient cause for her to hate him , and so incensing first the king her husband against him , by saying that he was rich , and that many gaue their goods vnto him to build monasteryes , she drew by little & little the king to mislike him , as also she did by like meanes & sleights incense the good archbishop theodorus of canterbury , to impugne and contradict him . . the same malmesbury also setteth downe the particulars that passed in that councell , wherin he was absolued at rome , and how at his retourne into england with the popes letters , the said theodorus archbishop of canterbury repented himself much , that he had byn drawne against him , and wrote earnest letters vnto king alfred , that had succeeded egfrid , that he would admit him againe into his archbishopricke of yorke : saying among other words : et ideo charissime te admoneo , & in christi charitate pracipio tibi , &c. and therfore most deere king i doe warne you , and in the loue of christ doe commaund you : ego theodorus humilis episcopus , decrepita aetate , hoc tuae beatitudini suggero , quia apostolica hoc ( sicut scis ) commendat auctoritas , & vir ille sanctissimus in patientia sua possedit animam suam , &c. i theodorus humble bishop ( of canterbury ) in this my broken old age , doe suggest this vnto your happines or maiesty , both for that the authority of the sea apostolike , ( as you knowe ) doth commend it to be done , and the holy man vvilfryd hath ( according to the saying of our sauiour ) possessed his soule in his owne patience : and most humbly and myldly forgetting the iniuries done vnto him , hath followed the example of his head and maister christ , and hath expected the remedy at his hand ; and if i haue found any grace in your sight , although the way betweene you & me be long , yet i beseech you , let my eyes once see your face againe ( to treat of this matter ) and that my soule may blesse you , before i die . wherfore my dere sonne deale with this holy man ( vvilfryd ) as i haue besought you , and if in this point you shew your selfe obedient to me your father , that am shortly to departe out of this world , it will profit you much to your saluation . fare you well . . vpon this letter king alfred being much moued permitted him to retourne to his archbishopricke againe : and s. vvylfryd by the persuasion of the said theodorus and other bishopps , was induced to accept the same , and so he did for some time , but after fiue yeres , the complaints of his emulatours growing strong against him , he was forced to fly the second time , vnto king etheldred of the mercians , but after againe appealed to rome , and went thither being now full threescore and ten yeares old , whence retourning absolued ( as hath byn sayd ) with letters of commendation from pope iohn the seauenth , both to britwald archbishop of canterbury , that had succeeded theodorus , as also to alfred king of the northumbers , and to etheldred king of the mercians ; he obteyned againe his archbishopricke of yorke , and held● it foure yeares before his death . . the letters of pope iohn , vnto the two foresaid kings , doe begin with a complaint of sedition raysed in england amongst the clergie by opposition against s. vvilfride , which he exhorteth the two said kings to suppresse , and then beginneth his narration thus : wheras of late vnder pope agatho of apostolicke memory , the bishop vvilfryd had appealed to this holy sea , for the tryall of his cause &c. the bishops at that time gathered herein rome from diuerse partes of the worlde , hauing examined the same , gaue the definition and sentence in his fauour , which was approued both by pope agatho and his successours our predecessours &c. and then sheweth he , how the same hauing succeeded in this his second appeale , he doth appoint britwald archbishop of canterbury to call a synod , and by all consents either restore him to his archbishopricke , or to come and follow the cause at rome against him ; and whosoeuer did not soe , should be depriued of his bishopricke : and then concluding with this speach to the king , he saith : vestra proinde regalis sublimitas faciat concursum , vt ea qua christo aspirante perspeximus , perueniant ad effectum . quicumque autem cuiustibet persona audaci temeritate contempserit , non erit a deo impunitus , neque sine damno calitus alligatus euadet . wherefore doe your royall highnes concurre also to this our ordination , to the end that those things , which by the inspiration of christ we haue iudged for conuenient , may come to their effect . and whosoeuer vpon the audacious temerity of any person whatsoeuer , shall contemne to doe this , shall not be vnpunished of god , neither shall he escape that hurte which those incurre , whose sinnes are bound from heauen . so he . . and i haue thought good to alleadge this notorious example , somewhat more largely , for that it expresseth euidently , both the acknowledgement and exercise of the popes authority in those dayes , as also the deuoute and prompt obedience of our christian kings and prelates therevnto , in that holy time of our first primitiue church . for that of the two forenamed kings malmesbury wryteth , that ethelredus of the mercians receaued the popes letters vpon his knees on the ground . and albeit that alfryd of the northumbers , somwhat stomaked the matter for a time , as done in his dishonour , yet soone after being strooken with deadly sicknes , sore repented the same , and appointed in his testament that s. vvilfryd should be restored ; which testament the holy virgin elfled his sister , that stood by him when he dyed , brought forth and shewed before the whole synod of bishops , gathered togeather about that matter in northumberland . . and thus hauing byn longer than i purposed in this example of s. vvylfryds appeales , i will passe ouer as before i haue said , the other appeales aboue mentioned of lambert and athelard , archbishops of canterbury vnder king offa and kenulfus , kings of the mercians , vnto the popes adrian the first , & leo the third ; w●● determined the great controuersie about the iurisdiction of the sea of canterbury , at the humble sute of the said king kenulsus , & of all his clergie and nobilitie ; i will passe ouer in like manner● the example of egbert archbishop of yorke , who by his appealing to rome : multa apostolici throni appellatione , saith malmesbury , that is by frequent appellation to the apostolicall throne , recouered againe the preheminence and dignity of his archbishopricke , and pontificall pall , vpon the yere . which had byn withdrawen from that church , for many yeares togeather after panlinus his departure . and i may add further to this argument and consideration , not only that appellations were ordinarily made to the sea of rome , concerning ecclesiasticall affaires , vpon any aggreiuances of particuler persons , churches , or societyes in those dayes , as appeareth by the examples alleadged ; but also complaints of publicke defects , negligences , or abuses , if they concerned the said ecclesiasticall affaires , were carried to rome , and to the bishops of that sea , aswell against bishops and archbishops , as against the kings themselues , where occasions were offered , which bishops of rome , tooke vpon them as lawfull iudges to haue power , to heare , determine , and punish the same , by acknowledgement also of the parties themselues , whereof we might alleadge many examples . but one only in this place shall serue for the present , which fell out in the tyme of king edward the elder , vpon the yeare of christ . ( though others differ in the number of yeares ) and the case fell out thus . . the bishop of rome in those dayes , named formosus the first , being aduertised that diuerse prouinces in england , especially that of the vvestsaxons , by the reason of danish warrs , were much neglected and voyde of bishops for diuerse yeares , the said pope saith malmesbury wrote sharpe letters into england : quibus dabat excommunicationem , & maledictionem regi edwardo , & omnibus subiectis eim à sede s. petri , pro benedictione quam deder at beatus gregorius genti anglorum . by which letters he sent excōmunication and malediction to king edward , and all his subiects , from the sea of s. peter , in steed of the benediction which s. gregory had giuen to the english-nation ; wherof malmesbury addeth this reason , that for full seauen yeares , the whole region of the vvest-saxons , had byn voyde of bishops . and that king edward hauing heard of the sentence of the pope , presently caused a synod of the senatours of the english nation to be gathered , in which sate as head , pleam●ndus archbishop of canterbury , who interpreted vnto them strictly ( saith malmesbury ) the wordes of this apostolicall legacy sent from rome : wherupon the said king , and bishops tooke vnto themselues wholesome counsaile , choosing and ordeyning particular bishops in euery prouince of the geuisses or westsaxons . and wheras the said prouince had but two bishops in old time , now they deuided the same into fiue , and presently the synod being ended , the said archbishop was sent to rome with honourable presents : qui papam ( saith our authour ) cum magna humilitate placauit , decretum regis recitauit , quod apostolico maximè placuit . he did with great humilitie endeauour to pacify the said pope formosus , reciting vnto him the decree that king edward had made , for better furnishing the countrey with more bishops for the time to come , then euer had byn before , which most of all pleased the apostolicall pope . wherfore the archbishop retourning into england ordeyned in the citty of canterbury seaueu bishops vpon one day , appointing them seuen distinct bishoprickes : atque hoc totum ( saith he ) papa firmauit , vt damnaretur in perpetuum qui hoc decretum infirmaret . and the pope ( formosus ) did confirme this decree ( of this distinction of bishops in england ) dāning him eternally which should goe about to infringe the same . so malmesbury : and consider the authority here vsed . . the same pope also wrote a letter to the bishopps of england by the said archbishop pleamond , in these wordes : to our brethren and children in christ , all the bishopps of england , formosus . we hauing heard of the wicked rytes of * idolatrous pagans which haue begun to spring vp againe in your partes , and that yow haue held your peace as dumme doggs not able to barke , we had determined to strike you all with the sword of separation from the body of christ , and his church , but for so much as our deere brother pleamond , your archbishop hath tolde me , that at length you are awakened , and haue begun to renew the seed of gods word by preaching , which was so honourably sowne from this sea in times past , in the land of england , we haue drawne backe and stayed the deuouring sword ; and moreouer doe send you the benediction of almighty god , and of s. peter prince of the apostles , praying for you , that you may haue perseuerance in the good things , which you haue well begune , &c. . thus went that letter with a far longer exhortation ●● that behalfe , with order and instruction how to proceed to co●tinew good bishopps among them , which was that as soone ●● knowledge came to the metropolitan of any bishop dead , he should presently without delay cause another canonically to be elected in his place , and himself to consecrate the same . and moreouer he determineth that the bishop of canterbury , hath byn euer from ancient times held for chiefe metropolitan of england , otdeyened so by s. gregory himself , as in the roman registers was authenticall recorded , and therefore he confirmeth the same , threatning , that what man soeuer shall goe about to infringe this decree , shal be separated perpetually from the body of christ and his church . so malmesbury . . and in this example we see many points , expressing the sense of these ages , as first the vigilancy of the pope formosus ouer england , & the affaires therof ( though far remote from him , and altogether embroyled with warrs ) no lesse then ouer other prouinces & kingdomes of the world , which is conforme to that which s. bede writeth of the like diligence of pope agatho aboue two hundred yeares before this of formosus , that is to say , that he seing the heresie of monethelites , that held but one only will in christ , to spring vp and encrease in diuerse places of the world , sent one expressly from rome into england , to learne what passed there . pope agatho ( saith bede ) being desirous to vnderstand , as in other prouinces , so also in britany , what was the state of the english church , and whether it preserued it self chaste and vnspotted from the contagions of heretickes ; sent into england for this purpose , a most reuerend abbot named iohn , who procuring a synod of bishops to be gathered togeather about that matter by theodorus the archbishop , found that the catholike faith in england was conserued in all points entire and inuiolated : of which synod he had an authenticall copie deliuered him , by publicke testimony to be carryed to rome . thus s. bede touching the attention and diligence of pope agatho in our english ecclesiasticall affaires . . and it is to be noted , that in the same synod is sett downe that fower seuerall kings concurred thervnto , to giue therby satisfaction vnto the pope , to wit egfryd king of the northumber● ethelred of the mercians , adelnulphus of the eastangles , & lotharius of kent ; which is conforme to that which the king edward the first ●● the former example did , when presently vpon the threatning letters of pope formosus , he called forthwith a councell , remedyed the fault that was committed , & sent the archbishop pleamond to rome to giue satisfaction , and promise of amendment for the time to come , which is to be presumed that none of these kings would haue done , if they had thought themselues iniured by this intermedling of the pope , as an externall power ; and that themselues had authority ecclesiasticall deriued from their crownes , to dispose & order these things without any reference to the sea apostolike . and so much for this argument and demonstration , which openeth a window to see many things more , which by me of purpose are pretermitted , for that i couet not to be ouerlong . the sixt demonstration . . the sixt argument may be deduced , from an vniuersall contemplation of all the kings , archbishops , and bishops that haue liued , and raigned togeather in all this tyme in england , and the seuerall prouinces , and kingdomes therof , before the conquest , the kings being in number aboue an hundred that were christened , as often before hath byn mentioned , the archbishops of canterbury the spirituall heads of the english church . from s. augustine vnto stigano , and other bishops of far greater number , laying before our eyes , what manner of men all these were , what faith they beleeued and practised , what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues , both at home and abroad with the sea apostolike , which in great part hath byn declared by the precedent arguments and demonstrations . all which being layd togeather , we may inferre , that for so much as lawes are nothing else but ordinaunces and agreemenrs of the prince and people , to the publicke good of euery kingdome , state , and countrey ; we may inferre ( i say ) that according as we find the faith and religion of our princes , bishops , and people to haue byn in those dayes , so were also their lawes . for out of their religion , they made their lawes , and consequently it must needes follow , that they being all perfectly catholike , according to the roman vse , as by all the former arguments you haue seene , that they made no lawes concerning ecclesiasticall matters , nor admitted ●onceaued any from their ancestours , nor could not doe ( they being also catholike ) that were repugnant or contrary to the canonicall lawes of the vniuersall church , and sea of rome , in those ages : wherof againe ensueth that m. attorney that telleth vs so often of the ancient and most ancient cōmon-lawes of england ; cannot presume to haue any law for him , and his assertion within this compasse of . yeres before the conquest : for that those that should make or leaue vnto vs these lawes , were all of a contrary iudgement , and religion vnto him , in the very point which he treateth of spiritual iurisdiction . as for example . . there raigned in kent in the first age of our primitiue church successiuely these kings , to witt : ethelbert , eadbald , ircombert , egbert , lotharius , edrycus , and vvithredus ; and their archbishops of canterbury , by whome they gouerned themselues in spirituall matters , were augustine , laurence , mellitus , iustus , homrius , deusdedit , theodorus , and britwaldus . and in london , mellitus , ceddus , vvyna , erkenwald , vvaldherus , and ingualdus . and in the sea of rochester , iustus , romanus , paulinus , thamarus , damianus , putta , q●●chelmus , germundus , and tobias . all these kings , with all these bishops were of one , and the self same religion , and of one iudgement and sense in ecclesiasticall matters , and so were all the rest of the christian kings , togeather with their bishopps , in other kingdomes of the land . and the like i might shew throughout all the other foure ages that ensue after this , first before the conquest . and how then is it possible , that these princes with these bishops and counsaylours , and with their people conforme to them in the same religion , should make or admit lawes contrary to the common sense of the catholike vniuersall church in those daies , concerning ecclesiasticall iurisdiction ? and this is a demonstration which morally conuinceth , and cannot by any reasonable man be denyed . whervnto i may adioyne , that if they had made any such law , cōtrary to the common sense of the generall church in church-matters , they would haue byn noted , and reprehended for it , or at leastwise some memory would haue byn left therof by historiographers , tradition , register , or some other monument , which is not found , nor euer will be . and this shal be sufficient for this demonstration , wherby occasion is giuen to the ingenious reader to prosecute the same , and discourse further of himself , and to consider how metaphysicall an imagination that of m. attorney is , of auncient lawes made in the ayre , and no where extant , contrary to the sense , and iudgement , both of prince and people in those tymes . the seuenth demonstration . . an other demonstration not much vnlike vnto this , may be taken from the view of externall kingdomes , in this tyme before our english conquest : to wit what they taught , what they beleeued , and what they practized in this point , concerning ecclesiasticall iurisdiction , whether they deriued it , or acknowledged the same , in , or from their temporall kings , or from their bishops and sea apostolike of rome . for if they did the later , then is it most certaine that all the kings , kingdomes , and people of england did the like , for that otherwise they should haue byn noted , and taxed as hath byn said for some discrepance , diuision , disagreement , sedition , schisme , or singularity in this behalfe , which is not read of . nor can m. attorney , or any attorney else whomesoeuer he can take vnto him for his helpe in this matter , euer shew me any one word of auncient testimony for proofe therof , and thervpon may we confidently conclude , that there was neuer any such thing . . but now what was the doctrine , vse , and practise of all the rest of christendome besides , concerning ecclesiasticall iurisdiction , deriued from the sea apostolike of rome , as the head & fountaine therof , throughout all this tyme , wherof we speake before our conquest , it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes , whose volumes are full of narrations , apperteyning to this effect , as namely of bishops made throughout all kingdomes , by ordinaunce and authority of the bishop of rome : of churches , abbyes , monasteryes , hospitalls confirmed , and priuiledged by the said authority : of kings , and emperours also annoynted by them and their authority for the spirituall & temporall good of christendome . and in this very tyme , wherof we talke , happened the mutation of the kingdome of france from chilpericus , to pipinus and charles his sonne : and of the roman empire from the grecians vnto the said charles ; & of the said empire from the french to the germanes , by the authority of the pope of rome ; and infinite other publike testimonyes of supreme spirituall iurisdiction , exercised 〈◊〉 where by that sea , with the approbation of all the worlde . and no one example can be alleadged of any such power or iurisdiction pretended , or exercised by any prince temporall whatsoeuer , throughout all the christian world in this tyme by vs prescribed . . and for so much as by this argument we presume , that our english kings and princes ran vnitedly in all points of religion with others abroade , for that they were neuer noted of any difference or opposition , as hath byn said , it followeth by good deduction and inference , that no such common-law ( as m. attorney imagineth ) could haue place among them , deriuing spirituall and ecclesiastical iurisdiction from the right of princes temporall crownes , and excluding that of the sea apostolike . for in case that any such law had byn made , it would haue byn extant ; either by writing or tradition ; and if it had byn common ( as often here it is called ) it would haue byn knowne by some one at least , besides m. attorney , for that community importeth participation with many : how then could there be any such common-lawes in those dayes , which no man knew , no man recorded , no man euer thought or dreamed of , as by all circumstances of those tymes , and men , and state of things , may be presumed ? and if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular , schismaticall or hereticall ; for that it would haue byn contrary and contradictory to the common sense & iudgement , & whole current of that time . and let this suffice for this consideration . the eight demonstration . . the eight demonstration in this matter , may be the extraordinary deuotion of our auncient kings before the conquest ; towardes the sea of rome , in making their kingdomes tributary thervnto , euen in temporall things also : which is a signe that they meant not to deny vnto that sea , her spirituall iurisdiction , which from the beginning , had byn exercised by the same in our countrey , seeing voluntarily likewise they gaue her tēporall iurisdiction , in gathering and axacting this tribute of euery house throughout the realme ; which beginning from k. inas ( as all our authors doe agree ) aboue . yeres gone , hath byn continued euer since , vnder the name of peter-pence , for that they were first giuen to s. peter , and to his successours the bishops of rome , vntill the later part of k. henry the eight his raigne , euen in the tyme of the danes themselues , as presently shal be shewed . . and for breuities sake , it will be least perhaps to alleadge here the wordes of one that was skillfull in the matter , for that he had byn collector or gatherer of this tribute for diuerse yeres togeather in england vnder the sayd king henry , to whome also he dedicated his historie , to wit polidor virgil an italian , archdeacon of vvells , who out of al historiographers had gathered the grounds , and antiquities of this tribute : and in the life of king inas of the vvest saxons , hauing shewed and declared first , togeather with all other auncient writers , how wise , valiant , and pious a king he was , and what singular monuments therof he had left behinde him , as among other the buylding of the church of vvells , the abbey of glastenbury , & the like ; he finally concludeth thus : officia eius regis pietatis plena infinit a referuntur : & illud imprimis , quod regnum suum romano pontifici vectigale fecerit , singulis argente● nummis ( quos denarios vocant ) in singulas domus impositis , &c. there are infinite good workes of this king related by historiographers full of piety , and this among the first , that he made his kingdome tributary to the bishop of rome , imposing vpon euery house a penny . and all england at this present time , doth pay this tribute for piety & religious sake to the bishop of rome , gathered from euery house of the whole kingdome , and vulgarly they are called the pence of s. peter , which the pope gathereth vp by his officer , called collectour , which office we for some yeres did exercise in that kingdome , and for that cause went first of all thither . thus polidor . . iohn stow doth set downe many particularityes of the rich gifts of gold and siluer , vestments , & church-ornaments , which this king inas gaue and bestovved vpon the church of vvells buylded by him : he testifieth also of his gyft of peter-pence imposed vpon his kingdome , as giuen about the yeare of christ . and polidor hath further these wordes of him . king inas being exceeding desirous to amend , and establish the state of his kingdome , and to instruct his subiects how to liue well and happily , did make most holy lawes , and left them to be obserued . but the wickednes of his posterity , hath by little and little worne out the same . and lastly after all this glory wherin he had raigned thirty seuen yeres , he leauing voluntarily his kingdome w●●● to rome for deuotion and pietyes sake , and there saith stow liued , and ended his life in poore estate . and heare now i would 〈◊〉 whether any of these lawes made by king inas were likely to be against the popes spirituall iurisdiction , or in fauour therof ; and if the later may with more reason be presumed , then haue we more auncient cōmon-lawes , that is to say temporall lawes , against m. attorney , then he can alleadge any for himself , to the contrary . . but to goe forward in shewing the continuance , confirmation , and encrease of this temporall tribute to the pope of rome , the said polidor writing of king offa , the most famous and valiant king of the mercians , and shewing how wicked , & cruell he had byn first , and how godly he became afterward , hath these words : he built the magnificent cathedrall church of hereford , and adorned the same with most ample gifts : he caused to be sought out the body of s. alban , and placed the same in a monastery of s. benedicts order built by himself ; and further he builded the monastery of bath . and yet more for further satisfaction of his former synnes , he passed the ocean sea , went to rome , and there made tributary his kingdome of mercians , to adrian the pope , by imposing that tribute vpon euery house of his people , which was called peter-pence : and this , as some thinke , by the imitation of king inas , which had done the same some yeres before , in the kingdome of the vvestsaxons . and this saith polidor was done by offa , vpon the yere . which was according to this accompt seuenty yeres after the other . and this king offa was he , who made the famous dich betwene his kingdome & vvales , called offa-hi●-dich , raigned thirty and nyne yeres in al prosperity , and had present with him that subscribed to his charter , for the founding of the monastery of s. albanes , besides his sonne , and prince egfryde , nyne kings , fifteene bishops , and ten dukes , as stow relateth , out of the charter it self , dated the thirty and three yere of his raigne , and of christ our sauiour . . and about some fourscore yeres more or lesse , after this againe king adelnulph , otherwise called edelnulph , or edelph , sonne and heire to king egbert , the first great monarch that gaue the name of anglia , or england to our countrey , hauing adioyned vnto his kingdome of the vvest saxons fiue more , to wit , that of the mercians , kentish saxons , east-saxons , south-saxons and vvelsh-men ; this adelnulph ( i say ) comming to raigne after his father , was a rare man of vertue , and left exceeding many monuments of piety behind him , gaue the tenth parte of his kingdome to the mayntenaunce of clergie men : sent his yongest sonne alfred to rome to liue there , and to be brought vp vnder pope leo the . and afterward resolued also to goe himself in person . he went ( saith polidor ) to rome vpon a vow , and was most benignly receaued by pope leo the fourth , and there he made tributary vnto the pope of rome , such partes of the iland , as king egbert his father had adioyned vnto the kingdome of the vvest-saxons , imitating herin his predecessour king inas : and moreouer made a speciall law therof , that whosoeuer had thirty-pence rent in possessions by the yeare , or more houses then one , should pay yearely a penny for euery house , which they did inhabite , & that this should be paid , at the feast of s. peter and s. paul : ( which commeth vpon the . of iune ) or at the furthest at the feast of the chaines of s. peter , which is the first of august . so polidor : adding that some doe attribute this law vnto king alfred his sonne , when he came to raigne , but not truly , for that it was made by adelnulph vpon the yeare of christ . . here now then we haue this tribute graunted , and confirmed by three seuer●●l kings , the first of the vvest-saxons , yet in effect monarch of england . and some haue noted , that as the vvest-saxons & mercians were the first that made this offer of tribute vpon deuotion to s. peter and his successours , so were they the kingdomes , that were most aduanced in their temporall felicity , and successes , and finally were vnited togeather vnder one monarch . and that of the vvest-saxons being the first and last , that gaue and confirmed , and continued the same , grew to be the monarch ouer all the rest . for as for the continuance , & perpetuall payment therof to the church of rome , throughout all tymes , there can be no doubt made , for that in the yery tyme of the danes ( as before i noted ) king canutus the dane ( as ingulphus testifyeth , which liued presently after him ) was so carefull to haue this duly payed , with other dutyes belonging to the church , as being in his iourney towardes rome he wrote backe to his bishops , and other officers in these words : nunc igitur obtestor , &c. now then i doe beseech all you my bishops , other officers , and all gouernours of the kingdome , by the faith which you doe owe vnto god & me , that you will so prouide , that before my arriuall at rome , all debts be payed , which according to auncient lawes are due . that is to say , the accustomed almes for euery plough , the tythes of beastes borne euery yeare , the pence which you owe to s. peter at rome , whether they be due out of the cittyes , or the countrey , & that by the middest of august you pay the tythes of your corne ; & that at the feast of s. martine , you pay the first frutes of your seed to the church and parish , in which euery man liueth , which payment is called k●ke-seet . and if these things be not performed by you before i retourne , assure your selues , that my kingly authority shall punish ech man , according to the lawes most seuerely , without pardoning any . fare you well : vpon the yere of christ . so he . and marke ( good reader ) that he saith he will punish according to the lawes , yea , and in his former words that there are auncient lawes for these dutyes to rome , which m. attorney cannot bring for his assertion against the pope , so as in auncient common lawes we are now before him . but let vs goe forward , & end this demonstration . . about thirty yeres after this againe , king edward the confessor wrote to pope nicolas the second in these wordes : ego qu● que pro modulo meo augeo &c confirmo &c. i also for some small gifte of myne doe encrease , and confirme the donations of paying such money , as s. peter hath in england , and doe send vnto you at this time , the said money collected , togeather with some princely gyfts of our owne , to the end that you may pray for me , and for the peace of my kingdome , and that you doe institute some continuall and solemne memory before the bodyes of the blessed apostles , for all the english-nation , &c. so good s. edward . . and when not long after him king vvilliam of normandy obteyned the crowne he forgott not this law , among the rest , as afterward when we come to talke of him , and his raigne in particuler , we shall more at large declare . for his tenth law in order hath this title : de denario sancti petri qui anglicè dicitur rome-scot● of the penny of s. peter , called rome-scot in the english tongue . and then he beginneth his law thus : omnis qui habuerit triginta dena●● vinae pecuniae in domo sua de proprio suo , anglorum lege dabit denarium , sancti petri , & lege danorū dimidiam marcam &c. euery man that shal h●u● the worth of thirty-pence of liuely money of his owne in his house , shall by the law of english-men , pay the penny of s. 〈◊〉 and by the law of the danes shall pay halfe a marke . and this penny of s. peter shall be summoned , ( or called for ) vpon the solemnity and feast of s. peter and paul , and gathered vpon the feast of the chaines os s. peter , so as it shall not be deteyned beyond that day , &c. thus the conquerour in confirmation of that which other english kings had done before him , appointing also in the same place , that his iustice should punish them , that refused to pay the said money , or paid it not at the due day appointed . . and to conclude this matter , this tribute was continually paid , from the first institution therof , not only before the conquest ( as now you haue heard ) but afterwards also by all the norman kings , & their successours , vnto king henry the . as out of polidor we haue seene . and the same king henry himself duely paid the same in like manner , for more then twenty yeres togeather , vntill he brake from the pope and sea of rome , vpon the causes which all men know . wherevpon this our demonstration inferreth , that all this while it is not likely ( they paying so willingly , and deuourly this temporall tribute vnto the popes of rome ) that they denyed his spirituall iurisdiction , or held him in that iealosie of competency , for vsurping therby vpon their crownes , as now we doe . and lastly , that the supreme spirituall authority of queene elizabeth without any act of parlament , was warrantable by these kings lawes , which is the mayne paradoxicall conclusion of m. attorneys whole discourse , against which we haue yet a demonstration or two more : & so an end . the nynth demonstration . . the nynth demonstration then about this matter , shall be the consideration of our english kings their singular , and extraordinary deuotion before the conquest to the sea of rome ; which was such as diuers of them left their crownes , and kingdomes ( after many yeres that they had raigned , and ruled most gloriously at home ) and went to liue , and dye in that citty : some in religions habit and profession of monasticall life , as kenredus , king of the mercians , and offa king of the east angles ; some in secular weed , but of most religious , deuout , and exemplar conuersation : as inas and ceadwalla kings of the vvest-saxons ; some others went thither of deuotion with intention to retourne againe , as the other great offa king of the mercians , adelnulph alfred , and canutus monarches of all england : and lastly good king edward the confessor had determined , & vowed a iourney thither in pilgrimage , but that his kingdome greatly repyninge therat , in respect of the daungerous tymes , two popes ●● and nicolas , decreed that he should not come ( as * before we haue touched ) but rather bestow the charges of that voyage vpon some other good worke , namely the encrease of the monastery of vvestminster . . and here i might enlarge my self much , in the declaration of these particulers which we haue named , and of many others , that we haue omitted in this kind ( i meane of english kings ) that leauing their temporall crownes , haue submitted themselues to the sweet yoke of christ in religious life . iohn fox in his actes and monuments doth recount nyne crowned kings , that became monkes within the first two hundred yeres after englands conuersion to christian faith ( though all of them went not to rome ) and some eighteene or twenty queenes , or daughters to kings or queenes , that tooke the same course , contemning whatsoeuer pleasures or preferments the world could giue them . but of such kings as went to rome , and made themselues religious there , the foresaid kenredus of the mercians , and offa of the eastangles were the most famous , who agreeing togeather vpon the yere . ( as florentins after s. bede doth recount the history ) lest both their kingdomes , wiues , children , honours , goods , and the like togeather . relictis vxoribus , agris , cognatis , & patria propter christum , &c. ad limina apostolorum , in precibus , ieiunijs , elecmosynis , vsque ad diem vltimum permanserunt . they leauing their wyues , their possessions , their kynred , their countrey for christ , went to rome , and there neere vnto the apostles bodyes , they perseuered in praying , fasting , and giuing almes vnto the end of their liues . . but s. bede setteth forth this famous fact in other words , describing also the persons of these two noble kings . kenredus , ( saith he ) who for a tyme had most nobly gouerned the kingdome of the mercians , did much more nobly leaue the same , giuing ouer his scepter willingly to his nephew celred , and went to rome where he liued in prayer , fasting , and almes , vntill the last day of his life ; and with him went offa the sonne of sigard king of the east-saxons : iuuenis amantissima aetatis , & venustatis , &c. a young man of a most louely age and beauty , and most singularly desired by all his nation , that he would stay amongst them , & enioy his kigdome ; but he being led with the deuotion of his mynd , left his wife , his possessions , his kynred , and countrey for christ and his ghospell , that he might receaue a hundred fold in this life , and in the world to come life euerlasting . thus s. bede , who was of a far different mynd from m. attorney as you see . . and florentius addeth further to this history , that with these two kings went to rome as ghostly father , and spirituall directour of their iourney , the famous holy man s. egwyn before mentioned , third bishop of vvorcester , and founder of the monastery of euesham , for which he obteyned priuiledges and exemptions of pope constantine then bishops of rome , and carried them home with him , as before hath byn declared . and platina in the life of the same constantine , maketh mention also of the coming to rome of these two kings , and what a rare spoctacle of vertue and deuotion it was to the whole christian world , to see two such excellent princes in their youth and beginnings of their raignes , to take such a rare resolution of leauing the world and following christ in the strait and narrow path of perfection . . as it was in like manner some twenty yeres after , according to the forsaid florentius to see the great and potent king inas of the vvest-saxons , to come thither with like resolution of mind , who hauing byn a famous warrier , for the space of seuen and thirty yeres , in the end leauing his empyre ( saith florentius ) and commending the same to noble athelard that was of the line of cerdicus first king of vvest-saxons , he resolued to goe to the churches of the apostles in rome , vnder gregory the pope , and there to end his life and this worldly peregrination on earth , neere to their bodyes , to the end that he might the more familiarly in heauen be receaued into their companyes . so he . . but malmesbury expresseth the same in more pregnant & effectuall words after his sort : post triumphales bellorum manubias , post multarum virtutum gradus , summum culmen perf●ctionis meditans , romam abijt . ibi ne pompam suae conuersionis faceret , non publicis vultibus expositus crimen , sed deposuit vt solius domini oculis placeret , amictu plebeio tectus , clàm consenuit . after triumphant victoryes , and spoyles of warre , after the degrees of many vertues obteyned , king inas proposing to himself the highest toppe of perfection , went to rome , and there least his conuersion might be glorious vnto him , he did his penaunce or layd downe his synnes , not in the p●●blike eyes of the world , but rather desiring to please only the eyes of almighty god , he put himself into a vulgar habit , and ●● that he ended his life . so malmesbury . . all which in effect was set downe before by s. bede who calleth this inas by the name of hun that succeeded king ceadwalla in the kingdome of vvest-saxons , who after thirty seuen yeres raigne . relicto regno ad limina beatorum apostolorum , gregorio pontificatum tenente , profectus est , cupiens in vicinia locorum sanctorum , &c. he leauing his kingdome went to rome , vnder the popedome of gregory , desiring to liue and dy vpon earth neere to the apostles churches , to the end he might enioy the better afterward their familiarity in heauen . . and a little before this man againe , his said predecessour ceadw●lla tooke the like iourney to rome , for deuotion of the place being vet vnbaptized , as s. bede writeth the story in these words : ceadwalla king of the vvest saxons when he had gouerned his people with great fortitude for two yeres , leauing his scepter for christ , and his euerlasting kingdome , went to rome , desiring to obteyne this singular glory to be baptized in the church of the blessed apostles , in which baptisme he had learned , that the only entraunce to heauen for mankind did consist , hoping most certeinly , that being once baptized , he should soone after dye , and be receaued into euerlasting glory : both which points by the help of our lord were perfourmed vnto him , as in his mynd he had conceaued , and so comming thither ( vpon the yere of christ . ) sergius being pope he was baptized on easter eue , and soone after being yet in his white attyre ( according to the custome of holy church ) he died vpon the . of aprill immediattly ensuing , and was buried in s. peters church , whose name in baptisme he had taken , and from thence his soule passed to the ioyes of heauen . thus s. bede ; and touching this recourse & pilgrimage to rome he addeth in the same place : quod his temporib●s hoc idem plures de gente anglorum nobiles , ignobilesque , laici & clerici , viri & faeminae certatim facere consueuerunt : that in these times many of the english nation , both noble & vulgar , lay men & ecclesiasticall , men and women were accustomed to doe the same with great feruour . . wherfore out of all these considerations and the like , it seemeth we may deduce , that for so much as our english kings , and people in those dayes were so singularly deuoted vnto the sea of rome , and bishops therof , as they gaue themselues , their goods , their honours , their whole life therunto ; it is not likely that they had that conceit of rome then , as we haue now ; or that they liued in iealosie , or competency of ecclesiasticall iurisdiction with the same , or thought themselues iniured by the spirituall power , which the said sea did vse , and practise ouer england , and other kingdomes of the world in those times . and much lesse can it be presumed , that they challenged to themselues , or made lawes in those dayes in fauour of their owne ecclesiasticall iurisdiction , in restraint of that of the popes : and consequently m. attorney i trow , will hardly proue by the most ancient lawes of those times , that q. elizabeth could iustify the supreme ecclesiasticall authority , which she exercised in her dayes ; if the statute of the first parlament had not giuen the same vnto her , which had as good authority to giue it her , as she to vse the same , according to that which you haue seene declared in the former chapters , whereunto we referre our selues for the proofes laid downe . the tenth demonstration . . and now to drawe to an end , and to ioyne issue with m. attorney in more plaine wordes and assertion , my tenth and last demonstration shall be out of two of the most noble , wise , and famous kings of our land and monarches of the same , before the conquest , alfred to wit , and edgar , who doe expresly sett downe the contrary proposition to that of m. attorney , about spirituall iurisdiction belonging to kings , and temporall princes , so as where the former demonstrations , are but deductions and inferrences , though clere and euident as you haue seene ; this last is a plaine , and perspicuous asseueration of two such renowned kings , as were most eminent for wisdome , learning , religion , and valour of all the ranke of those tymes . of king alfred is recorded this speach of his : germanam & genuinam esse regis dignitatem dictitare solebat , si in regne christi , quae est ecclesia , se non regem sed ciuem agnosceret , si non supra sacerdotum leges se elatè efferres , sed legibus christi per sacerdotes promulgatis , submisso se atque humili animo subderet . he was wont to say , that the true and proper dignity of a king , consisted principally in this , that in the kingdome of christ which is his church , he bare himself not as a king , but as a citizen , and that he should not arrogantly lift vp himself abou● the lawes of priests , but rather with a lowly and humble minde , subiect himself to the lawes of christ promulgated by priests . so he . . but now touching king edgar about a hundred yeares after him , of whome florentius , marianus , and others doe write these wordes : that he was the monarch of the english world , the flower & ornament of all his predecessours , the peaceable king , no lesse memorable to english-men ; then romulus to the romanes , tyrus to the persians , alexander to the macedonians , arsaces to the parthians , and charles the great vnto the french. of this man , i say , we haue extant a certaine oration of his , made in the third yeare of his raigne , vnto the bishops of his land , gathered togeather for reformation of the clergie , wherof s. dunstane archbishop of canterbury was the chief , and with him was s. ethelw●ld b. of vvincester . his oration is somewhat long , and beginneth thus : quoniam magnificauit dominus misericordiam suam facere nobiscum : dignum est patres reuerendissimi , vt innumeris illius beneficijs , dignis responde amus operibus . neque enim in gladio nostro &c. . for so much as our lord hath exalted his mercy towardes vs , it is conuenient most reuerend fathers , that we endeauour to answere his innumerable benefitts , with dew workes on our behalfe ; for that as the prophet saith , we doe not possesse this land by our owne sword , nor shall the strength of our arme saue vs , but the right hand , and holy arme of him , that hath vouchsafed to take vs to his fauour : and therfore it is iust and right , that for so much , as he hath subiected all vnder our feete , that we subiect our soules vnto him , in such sort , as that we endeauour to bring them that he hath put vnder vs , to be subiect also vnto his lawes : and as for me , my part is to gouerne lay men by the law of equity , to doe iust iudgement betweene euery man and his neighbour , to punishe sacrilegious men , to represse rebells , to take the poore man out of the hand of his stronger , and deliuer the needy and impotent from such as oppresse and spoile them . it belongeth also to my solicitude , to prouide necessaries for ministers of gods churches , couents of monkes , cloysters of virgins , & to procure them peace and quietnes to serue god● but vnto you it apperteyneth , to make inquiry examination of their manners , if they liue continently , if they behaue themselues decently , and with edification towards them that be in the world , if they be solicitous in seruing god , vigilant in teaching the people , sober in diet , moderate in habit , and the like . so he . . and then after a long complaint of many disorders in those dayes , crept into diuers of the clergie , the good zealous king hath these words : these scandalous things are proclaimed euery where by souldiers , muttered by the people , sung by players , and will you ( reuerend fathers ) neglect , dissemble , & spare them that so offend ? where is the sword of leui ? where the zeale of simeon ? where is the spirit of moyses ? where the sword of phinees the priest ? yea , where is the spirit , and feruour of s. peter wherby he so dreadfully punished both auarice and heresie ? follow him , follow him ô you priests : tempus faciendi contra eos qui dissipauerunt legem dei : it is high tyme to punish those , that haue dissipated the law of god by their euill life : ego constantini , vos petri gladium habetis in membus , iungamus dexteras , gladium gladio copulemus . i haue the sword of constantine , you the sword of s. peter in your hands , let vs ioyne our forces , and couple sword to sword : vt eijciantur extra castra leprosi , that leaprous and infectious people be cast out of the tents of god , &c. thus this noble & pious k. pronoūced in the presence of his prelates and people , with much more , which for breuity i doe omitt . . and now m. attorney will see heere what accompt these two auncient kings made of these two powers and swordes , spirituall and temporall , and of their distinction and subordination the one to the other . and it seemeth that this speach of king edgar , was so memorable and famous to all his posterity , that vvilliam conquerour also did imitate the very same , when in certaine lawes of his , ordeyning , that such lay men as were disobedient to the bishops sentence , should be punished by his temporall officers ; he vseth this phrase of edgar saying : rex constringit malefactorem , vt emendet primùm episcopo , deinde regi ; & sic erunt ibi duo gladij , & gladius gladium i●uabit . the king shall compell the malefactor to make amends first to the bishop , and then to the king , and so shall there be two swordes , and the one sword shall assist the other . where we see that he did subordinate his owne sword to that of the bishops , and ecclesiasticall power of the church . and the self same manner of speach and forme of beliefe , as common to the whole world , did queene eleanor wife to king 〈◊〉 the second , vse in her epistle to celest●nus the pope , when she ●● treated him to excommunicate the emperour and duke of ●●stria , for deteining her sonne k. richard the first prisoner ; which letter was written by petrus blesensis , and hath these words ; chrisicrux antecellit caesaris aquilas , gladius petri gladio constantini , & apostolius sedes praeiudicat imperatoriae potestati . the crosse of christ excelleth the spread-eagles in cesars banners , the sword of peter is of more eminent power then the sword of constantine ; and the sea apostolike is more potent then any imperiall authority . and this was the opinion , sense , and iudgement of these princes and tymes , wherin they made this difference & degree of these two swordes , without any such preiudice of taking away halfe their monarchies from themselues , or other princes therby , as m. attorney and other such prince-flatterers doe pretend . the conclusion vpon the former demonstrations . . now therfore ( gentle reader ) by these ten demonstrations thou hast seene , what was the opinion , iudgement , and practise of all our ancient english kings before the conquest about this point of temporall and spirituall power and authority , and heare i thinke thou wilt not deny , but that my manner of proofe is , and hath byn according to the rule of the fathers touched before in the answere to the preface , to wit , kath'holon or secundum totum , bringing forth the whole body of this tyme ; & that m. attorneys proofe , if it had byn a proofe , that is to say , if he had proued that which he propounded , is secundum partem according to a part , he only alleadging two sole petite instances , out of all the ranke of aboue an hundred kings , for the space almost of fiue hundred yeares ; and these two also so weake and impertinent , as no waye they can subsist in the sense wherin he alleadgeth them . and herwithall in like manner , thou mayst pleas● to call to remembraunce the auncient obseruation of old tertullian , aboue forteene hundred yeares gone : solem● est heretick , &c. it is a solemne tricke of heretickes , by the occasion of some one doubtfull sentence or clause , to wrest matters contra exercitum sententiarum , against a whole army of sentences to the contrary . and s. cyprian in the next age after him , noteth the like audacity of hereticke of his tyme , that would take a part and leaue out a part , and preferre some peece or parch before the whole . and whether m. attorney doe not follow the same spirit heere , in peeping forth with two little miserable mistaken instances , out of so great an army of plaine testimonyes to the contrary , you haue already seene , and out of your wisdome will easily iudge . the like or worse dealing will you find afterward , when we shall haue passed the conquest , whervnto now we hasten , and for the euent i remit my self to the experience . of the kings after the conqvest vnto ovr tymes : and first of the conquerour himself , whether he tooke spirituall iurisdiction vpon him , or no , by vertue of his crowne , and temporall authority . chap. vii . having pervsed what passed among our kings before the conquest , ( to which pervse & veiw we were led by m. attorneys induction of two instances of those dayes , as you haue seen ) we are now to follow him also beneath the said conquest , for tryall of our controversie , where albeit , as before i haue noted , the further wee goe from the origen of our english conuersion , and heate of that primitiue spirit of deuotion , that god gaue our kings in those first ages of their said conuersion to christian religion , the more coldnes we shall find in some cases , and more worldly and secular spirit in diuers of our norman and french princes , then wa●● the english before them : yet for the substance of this point of controuersie between m. attorney and mee , about the acknowledgement of the popes authority ecclesiasticall , we shall find them in effect no lesse resolute , then the other , if you respect the substance of the thing it self , though in tendernesse of piety and deuotion , their different liues and courses ( as after you shall se ) be witnesses vnto vs of no small difference . . and this is seen in none more then in k. vvilliam the first himself , the head & stocke of al the rest , who though in life & action , as a warryer and conqueror , were rough , fierce , & boysterous , especially in the former years of his raigne ouer englād , wherin vpō ielosy of his vnsetled state he did many things de facto which were not so iustifiable de iure ; for which authors doe note , that he was greatly punished by god , both in himself & in his children and childrens children : yet in this point of true & substantiall obedience to the church , when he was void of passion , and out of occasion of any cōstraining necessity , he all-wayes shewed himself dutifull , respectiue , & humble towards the said church : according to his oath taken at his coronation before the altar of s. peter at vvestminster , se velle sanctas dei ecclesias , ac rectores defendere ( saith florentius ) that he would defend the holy churches of god , and the gouernours therof , which to haue perfourmed he professed also at his death with teares , as iohn stow & more auncient writers then he , doe beare him witnes ; & some are of opinion , that the long continuance of his line in the crowne of england , considering how he entered , & how some of them haue gouerned after him , may principally be ascribed vnto this , that he would not take in hand the enterprice of england , but that first it should be consulted , and approued by the sea apostolike at at rome , as presently you shall heare that it was , and for that himself so firmely relied vpon the same afterward , in all his greatest occasions , and recommended the same , especially to his sonnes on his death-bed , when he was free from these interests , which oftentimes before drew and wrested him to diuers actions , which in that last houre he approued not , but condemned and much bewayled . . and of this later point many examples might be alleadged , both of much bloudshed in england , of spoiling and destroying the countrey , of casting downe many townes and churches for enlarging his hunting , of vexing and oppressing the english-nation , of ryfling and spoyling monasteryes and churches , where the english had hidden some of their wealth to maintaine themselues withall , his detayning in prison all dayes of his life the archbishop stigand , and diuers other bishops and abbots , deposed in the councell at vvinchester by pope alexander his legats , in the fourth yeare of his raigne , and of his brother otho bishop of baion held in prison by him ; albeit this , concerning ecclesiasticall persons , he professed to doe by licence and commission of the sea apostolike : yet in truth the cheife cause was his owne vehement passion , and ielousie of his temporall estate ; for i find a letter of pope gregory the seauenth , that succeeded alexander the second , written vnto him vpon the yeare of christ . which was the . of k. vvilliams raigne , wherin the said pope , though praising his religious zeale in other things ( which he would neuer haue done , if he had byn opposite to his authority , and iurisdiction ) yet doth he reprehend greatly this violent seuerity , towards ecclesiasticall persons . one thing ( saith he ) among so many excellent monuments of your royall vertues , doth greatly mislike and afflict me , and contristate my louing heart towards you , that in the taking , and detayning prisoner your brother otho bishop of baion , you had not that care which was conuenient of your princely reputation , but did prefer the secular caution of your temporall state , before the law of god , in not bearing more reuerence vnto priestly dignity . so he . . and this very same violent nature of k. vvilliam , who had byn a souldiar , and borne armes , and brought vp in continuall bloud-shed , from eight years old ( as himself testifieth ) was that , which pious and learned lanfranke ( nominated & chosen archbishop of canterbury , after the deposition of the foresaid stygand ) did so much feare and mislike at his first comming into england ; as may appeare by an epistle of his to pope alexander the second , that had commaunded him ( sore against his will ) to leaue his monasterie in normandy , and to take that archbishoprick vpon him : but now being come into england , and seeing how matters did passe there , he was vtterly dismayed , and besought the pope , by all means possible , and by all the most effectuall wayes of persuasion he could deuise , that he might be rid of it againe . your legat ( said he ) hauing gathered a synod heer in normandy , commaunded mee , by the authority of the apostolike sea , to take the gouernment of the church of canterbury vpon mee , neither could any resistance of my parte , by laying forth the weaknes ●f my body , the vnworthines of my person , the lack of skill in the english tongue , the barbarousness of the people , nor any other such excuse take place with them , wherefore at length i gaue my consent . i am come hither into england , and haue taken the charge vpon me , wherin i find so great trouble , and affliction of mind , such rediousnes of my soule , such want of courage in my self , such perturbations , such tribulations , such afflictions , such obdurations , such ambition , such beastlynesse in others ; and doe euery day , heare , see , and feele such misery of the church , as it loatheth me to liue , and am sory that i haue liued vnto this day . for as the euils are great for the present , so doe i expect far greater for the time to come , &c. wherfore i doe most humble beseech your highnes , euen for gods sake , and for your owne soule , that haue bound me to this charge , that you will absolue me againe , & let me returne to my monasticall life , which aboue all things in this world , i loue and desire , and let not me haue denyall in this one petition , which hath both piety , iustice , and necessity in it , &c. . so wrote the archbishop lanfrank . and that the most of this was meant in respect of difficulties with k. vvilliam himself , it may be gathered by that in the same letter , he desireth the pope to pray for the said king vvilliam , and among other points , vt cor eius ad amorem suum , & sanctae ecclesia spirituali semper deuotione compungat . that god allmighty will stir his heart to loue him , and his holy church , and bring it to compunction by spirituall deuotion . for this was the thing that king vvilliam had most need of , to wit spirituall compunction , with a tender conscience , whose affections were more out of order commonly , then his iudgement : which himselfe confessed with great lamentation at his death , as you may read in stow , and other authors . for he ( i meane the king ) hauing related his hard proceedings in england he said ; that he was pricked , and bitten inwardly with remorse and feare , considering that in all these actions ( saith he ) cruell rashnesse hath raged . and therfore i humbly beseech you ( ô priests and ministers of christ ) to commend me to the allmightie god , that he will pardon my sinnes , wherwith i am greatly pressed , &c. and wheras a little before , he had raged in his warres against the towne of meaux in france , and had burned diuers churches therin , and caused two holie men anchorites to be burned in their cells , wherin they were included ; ( which might seem to be an act of no very good catholike man , & god stroke him for it presentlie ) yet was not this of iudgement , but of rage ( to vse his owne word ) and he sorely repented the same soone after , and sent a great summe of money ( saith stow ) to the cleargie of meaux , that therby the churches , which he had burned might be repayred . . and the same might be shewed , by a like passionate accicident , that fell out on the . yeare of his raigne , and of christ . when hauing vpon ielousie of his estate , forbidden that anie of his bishops should goe ouer the sea to rome ; pope gregorie the . wrote a sharpe reprehension therof , to be denounced vnto him , by hubert his legat then residing in england , saying that it was , irreuerentis & impudentis animi praesumptio &c. the presumption of an irreuerent and immodest mind , to prohibite his bishops to make recourse to the sea apostolike . which reprehension made him so enter into himself , as he sent two embassadours to rome , in company of the said hubert when he returned to excuse the matter , and shewed himself afterward a most obedient , and faithfull child to the said church , euen in that troublesome and tempestious time , when henry the emperour with all forces impugned the same , as appeareth by the letters , yet extant of the same pope gregorie vnto him . . wherfore hauing premissed this for k. vvilliam , and all his successours , of the norman , french & english race , in number aboue twentie , for the space well neere of . years , vntil k. henry the . that whatsoeuer some particular actions of theirs vpon interest , anger , feare , preuention of imagined daungers , cōpetency , or some other such like motiue , may seeme to make doubtfull sometimes , and in some occasions , their iudgment or affection to the supreame ecclesiasticall power and iurisdiction of the sea apostolike of rome : yet were they indeed neuer of anie contrary opinion , faith , or iudgment ; but held the very same in this point , which all their auncestors , the english kings before the conquest did , and all christian princes of the world besides in their dayes . and for k. vvilliam conqueror in particular , the seueral reasons that doe ensue may easilie conuince the same . reasons that shew vvilliam conquerour to haue acknowledged euer the authoritie of the sea apostolicke . §. i. . first , that before he would take in hand or resolue anie thing vpon the enterprice of england , as already we hane noted● he sent his whole cause to be considered of , examined , and iudged by pope alexander the second , shewing him the pretence he had by his affinity to k. edward the confessor deceased : as also the said kings election and nomination of him by testament ; the vnworthines of harold the inuader ; the occasion of iust warre , which he had giuen him by breaking his faith , and refu●ing his daughter in marriage ; the secret affection that most of the english nobilitie did beare vnto him , with generall hatred to his aduersarie ; the perill of the countrey by continuall warrs with the danes and scottes ; the hurt of the church by harolds irreligious gouernment , but especially his contempt of the said church & sea apostolike , in that he had taken the crowne vpon him , saith matthew vvestminster , without the ordinarie rites and solemnity therunto appointed , and consent of the prelates of the land . and finally saith malmesbury . iustitiam suscepti bell● , quantis poterat facundiae verbis , allegabat . he did alleadge the equitie of his cause ( vnto pope alexander ) by all the force of eloquence that he could . which harold on the other side did omit ( saith he ) to doe , either that he was prowde by nature , or distrusted his owne cause ; or for that he feared that his messengers might fall into vvilliam his hands , who had besett all the portes . wherevpon alexander the pope , hauing weighed his reasons , sent vnto him a banner for the warre , in token of his consent , and stow addeth these words . duke vvilliam after he had got the victory sent his standard to the pope , which was made after the shape and fashion of a man fighting , wrought by sumptuous art with gold and pretious stones . and further the said stow , out of malmesbury and mathew vvestminster doth ad , that duke vvilliam being arriued in england , and offering conditions of composition to harold before the battaile , one was , that he was content to stand to the iudgement of the sea apostolicke in that controuersie . all which , is likely he would neuer haue done , if he had esteemed so little of the said sea apostolicke and authority therof , as m. attorney doth ; but rather would haue remitted the iustice of his cause to be examined & sentenced by the emperour , or by some other tēporall tribunal . but he remitted it to the sea apostolicke , & it fell out wel for him , as you know . . secondly wheras k. vvilliam from his very first entrance had a desire to remoue stigand from the archbishoprick of canterbury , partly perhaps for his demerits , and partly to haue a sure man in his place , that was not english , he dissembled the matter for three or foure yeares , and this , as some thinke , in regard that the same stigand had byn a persuader to k. edward the confessor , to name duke vvilliam for his successor , for so the said duke confesseth in his message sent to harold before the battaile , as stow relateth . but now vpon the year . vnderstanding that pope alexander had cited to rome certayne archbishops of germany , to wit that of ments and bamberge , to answere to certaine accusations laid against them of simony , he thought good to take this occasion , to demaund also of the said pope , iudgemēt against the foresaid stigand and his brother agelmare bishop of the east-angles , and certaine abbots suspected of like crimes . whervpon pope alexander sent three cardinals into england for legats , one of them a bishop , and the other two priests , who gathering togeather a synod at vvinchester , the forenamed persons were deposed by sentence of the said legats , wherof two returned to rome , and one remained there : as both malmesbury and other historiographers doe write . out of which case we doe inferre , that if k. vvilliam had thought his owne authority sufficient to haue depriued the foresaid bishops , he would neuer haue sued to rome for the matter , nor haue byn at the trouble and charge , to call from thence three legats . . as soone as stigand was deposed , lanfranke a most famous and learned abbot of normandy , was called for by k. vvilliam , and commaunded in the popes name by the legats , to accept the same ( as before you haue heard ) who obeying thervnto made afterward his recourse confidently to rome , in all matters of importance that fell out , as namely in this very first yeare , he wrote a letter to pope alexander about a case concerning the bishop of lichfield in these words ; vniuersae christi ecclesiae summo rectori alexandro , indignus anglorum archiepiscopus lanfrancus , &c. vnto alexander the highest gouernour of the vniuersall church of christ , vnworthy lanfranke archbishop of english men , &c. and proposing sundry busines & difficultyes vnto him , he saith among the rest ; that in the forenamed synod of vvinchester , the bishop of lichfield being cited thither , to answere to certaine crimes of incontinent life , layd and proued against him , and he refusing to appeare , was excommunicated and deposed by the said legates , & licence giuen to the king , to nominate another for that place . but afterward at the feast of easter , he comming to the court in tyme of parlament , resigned vp his bishopricke vnto the king that was sitting togeather with his bishops and lay nobility . in which case , ego tum nouus anglus ( saith he ) rerumque anglicarum , &c. i being but a new english man , and vnskillfull in english affaires , but what i learne of others , doe not presume , either to consecrate another bishop in his place , nor yet to giue licence to other bishops to consecrate any , quoadusque praeceptio vestra veniat , quae in tant● negotio quid oporte atfieri informare nos debeat ; vntill your commaundment come , which in so great a busines must informe vs what we ought to doe . so lanfranke : who referreth these matters , as you see to the pope , and not to the king ( though he were the kings fauorite ) nor did he feare to iniure , or offend the king therby . . and soone after this againe , to wit , the very next yeare following , which was the yeare of our lord . and . of k. vvilliams raigne , the said lanfrancke , elected bishop of canterbury , & thomas a norman , chosen bishop of yorke , went both of them to rome in person , to receiue their palls and confirmation , at the hands of pope alexander by k. vvilliams consent ; albeit it was a very troublesome yeare in england , for that all the north-parte of england rebelled , to wit edwyn earle of mercia , morcar earle of northumberland , eglewyne bishop of durham , the famous captaine sewardbran , & manie others ; with whom ioyned the scots & danes against the normans : and k. vvilliam had need of the presence of two such trustie chiefe men & principall prelates , for staying the people at home . and therfore embassadours were sent to obtaine , that their said palls might be sent to them into england . but it could not be obtained , for that pope alexander answered that it was an old custome , that archbishops of england should come , & receiue their palls at rome . and this answere was written to lanfrancke in the popes name by hildebrand archdeacon of that sea , who succeeded alexander in the popedome , and was called gregorie the . by all which is euident what authoritie ecclesiasticall k. vvilliam did acknowledge to be in the pope of rome , and how little he ascribed to himself in that kind . . furthermore , the same archbishops returning the yeare following to england againe , the said pope alexander wrote to k. vvilliam by them . alexander episcopus , seruus seruorum dei : charissimo filio gulielnio glorioso regi anglorum , &c. wherein after he had tolde him . inter mundi principes & rectores , egregiam vestrae religionis fan●am intelligimus : that among all the princes & gouernours of the world , wee haue heard the singular fame of your religion ; exhorting him to goe forward in the same , for that perseuerance only to the end , is the thing which bringeth the crowne of euerlasting reward : he toucheth also diuers points of defending ecclesiasticall persons and libertyes of the church , of releeuing oppressed people vnder his dominion , telling him , that god will exact a seuere accōpt therof at his hands , which ( no doubt ) was meant principally of the oppressed english nation by him , wherof lanfranke secretly had informed the said pope . after all this ( i say ) he telleth him of certaine busines , that he had committed to lanfranke to be handled in england , in a synod to be gathered there ; as namely about the preheminence of the two archbishopricks , canterbury and yorke . and also to heare againe , and define the cause of the bishop of chichester , deposed before by his legats . and finally he concludeth that he should beleiue lanfranke ; vt nostrae dilectionis affectum plenius cognoscatis , & reliqua nostrae legationis verba attentius audiatis : that by him , you may more fully vnderstand the affection of our loue towards you , as also heare more attentiuely the rest of our legation committed vnto him , &c. where he speaketh to the king , as you see , like a superiour . and iohn stow reciting the history of the said synod , gathered about these matters in england the yeare following at vvindesor , hath these words , taken out of auncient historiographers . this yeare by the commaundement of pope alexander , and consent of king vvilliam the conquerour , in the presence of the said king his bishops , prelates , and nobility , the primacy which lanfranke archbishop of canterbury , claymed ouer the church and archbishop of yorke was examined and try●d out , &c. heere then was no repining of king vvilliam at the popes authority in those dayes , but all conformity rather with the same . . i might alleadge many other examples to this effect , as that which stow writeth in the . yeare of the raigne of k. vvilliam and yeare of christ . that vvilliam bishop of durham , by leaue of the king and nobles of the realme , went to rome , and obtained of pope gregory the . to bring the monks from tarrow and yarmouth into the cathedrall church of durham ; where he gaue to them , lands , churches , ornaments , &c. all which ( saith he ) k. vvilliam the conqueror confirmed by his charter , in confirmation , no doubt , of the popes charter , which to procure he went to rome , and he had licence thervnto from the king and nobles , that were sounders of that church : which licence , they would neuer haue graunted if they had thought , that the matter had appertained only to the king at home in his owne countrey , and not to the pope . . and in the very same yeare k. vvilliam ( as before we haue touched ) being entred into great iealosie of the ambition , and aspiring mynd of his halfe-brother otho bishop of baion & earle of kent least with his councell and riches , he might assist his sonne ro●●rt and others , that did rise in normandy against him ; or as some thinke , desirous to sease vpon his great riches and wealth which he gathered togeather ; he suddenlie returned from normandy to the i le of vvight , where he vnderstood the said otho to be in great pompe pretending to goe to rome , and at vnawares apprehended him ; but yet for excuse of that violent fact upon a bishop , he made first a long speach vnto his nobles there present , shewing that he did it not so much in respect of his owne temporall security , as in defence of the church , which this man oppressed . my brother ( saith he ) hath greatly oppressed england in my absence , spoyled the churches of their lands and rents , made them naked of the ornaments giuen by our predecessours the christian kings , that haue raigned before me in england , and loued the church of god , endowing it with honours and gifts of many kindes . vvherefore now , as we beleeue they rest reioycing with a happy retribution ; ethelbert , and edward ; s. oswald , athulse , alfred , edward the elder , edgar , and my cosen and most deare lord edward the confessor , haue giuen riches vnto the holy church , the spouse of god ; my brother , to whom i committed the gouernment of the whole kingdome , violently plucketh away their goods , &c. . this was one excuse vsed by the conqueror . another was , as stow recordeth that he said , that wheras his brother was both bishops of baion and earle of kent , he apprehended him as earle of kent , and not as bishop of baion , that is to say , as a lay-person , and not as an ecclesiasticall . and yet further , when he was vrged about that matter by his owne prelates , he was wont to say , ( as stow and others doe also note ) that he did it by particular licence of the pope , and not only by licence , but also by his decree and commaundement ; and so he protested at his death . wherby we see , how little opiniō he had of his owne spirituall iurisdiction in this behalfe . of king vvilliam the conquerour his lawes , in fauour of the church , and church-men . §. ii. . but no one thing doth more exactly declare the sense and iudgement of king vvilliam in these things , then his particular lawes , which are recorded by roger houeden , ( an author of good antiquity ) who shewing that king vvilliam in the . yeare of his raigne , calling togeather all his barons , gouernours of prouinces , & twelue expert men out of euery shyre , did reveiw the auncient lawes both of the english and danes , approuing those that were thought expedient , and adding others of his owne ; beginning with those that appertained to the libertyes & exaltation of the church . taking our beginning ( saith he ) from the lawes of our holy mother the church , by which both king and kingdome haue their sound fundament of subsisting , &c. and then followeth the first law with this title . de clericis & possessionibus corum . of clergie-men & their possessions : & the law it self is writen in these few words , but containing much substance . omnis clericus & etiam omnes scholares , & omnes res & possessiones corum , vbicunque fuerint , pacem dei & sanctae ecclesiae habeant . let euery clergie-man , and all schollers , and all their goods and possessions whersoeuer they be , haue the peace of god , and of holy church . and afterwards he declareth what this peace of the church is , to wit , that neither their persons , nor their goods can be arested , molested , or made to pay tribute , or otherwise troubled by any secular iudge whatsoeuer . . and in the second law , which is intituled . de temporibus & diabus pacis domini regis . of the times and daies of peace , and freedome of our lord the king ; he doth explicate that it belongeth to the king and his officers , to see these liberties of ecclesiasticall peace , franquises , and freedome , be exactlie obserued to ecclesiasticall persons , & especiallie to punish them double , which refuse to put in execution the bishops sentence of iustice . quod si aliquis ●i foris fecerit ( saith he ) episcopus inde iustitiam faciat ; veru●tamen si quis arrogans , pro episcopali iustitia emendare noluerit , episcop●● regi notum faciat : rex autem constringet malefactorem , vt emendet cui foris facturum fecit , scilicet primum episcopo , deinde regi , & sic erunt ibi due gladij , & gladius iuuabit . if anie man shall doe anie hurt to him ( that hath the peace of the church ) let the bishop doe him iustice ; but if anie man will bee arrogant & not make amends , according to the sentence of iustice giuen by the bishop , let the bishop make it knowne to the king ( or his courts ) and the king shall constraine the malefactor , to make amends to him , vnto whom hee did the hurte , to wit , first vnto the bishop , and then to the king , and so there shall bee two swords against malefactors , and the one sword shall help the other . and heere let be considered , what he saith of two swords , one in the bishops hand , and the other in the kings ; and that this must assist that of the bishops , as the principall & superiour ; which is conforme to the speach of k. edgar ( if you remember ) whereof we made mention in the former chapter and last demonstration therof . wherby is made euident , that these auncient kings beleeued not to any haue spirituall sword or authoritie , by right of their crowns , but onlie the temporall to command & punish in temporall affaires , and to help and assist the others in causes belonging vnto them . . the third law hath this title . de iustitia sanctae ecclesiae . of the iustice of the holy church and prerogatiue therof , which she is to receiue in temporall tribunals . in which law is determined in these words . vbicunque regis iustitia , vel cuiuscunque sit , placita tenuerit , si vllus episcopus venerit illuc , & aperuerit causam sanctae ecclesiae , ipsa prius terminetur : iustitia enim est , vt deus vbique prae caeteris honoretur . wh●rsoeuer the kings iustice , or the iustice of what other lord soeuer , shall hold pleas ( or keep courts ) if any bishop come thither , and open a cause of the holy church , let that cause of all other be first determined : for it is iust that god be honoured euery where before all other . marke his reason , why the expedition of the bishops cause , is to be preferred before that of the king ; for that he holdeth the place of god , and thereafter must be respected . . the fourth law hath this title : de vniuersis tenentibus de ecclesia . of the priuiledges of all those that are any way tenants of the church . and then it followeth in the law . quicunque de ecclesia aliquid tenuerit , vel in fundo ecclesiae mansionem habuerit , extra curiam ecclesiasticam coactus , non placitabit , quamuis foris fecerit , nisi ( quod absit ) in curia ecclesiastica rectum defecerit . whosoeuer doth hold any thing of the church , or hath his mansion-house within the land of the church , shall not be constrained to plead any matter of his , though he bee a malefactor , out of the spirituall courte , except ( which god forbid ) iustice could not be had in the said ecclesiasticall court . . these are the first lawes of all , that were made by king vvilliam , and after these doe ensue fiue more to the same effect of churches priuiledges ; wherof the first hath this title . de reis ad ecclesiam fugientibus . of malefactors , that fly to the church , how they are to haue sanctuary and protection . the second . de fractione pacis ecclesiae . of breaking the peace of the church , that is to say of her priuiledges : the breakers wherof are appointed to be sharply punished , first by the bishop , & then by the king , if he be arrogant . the third . de decimis ecclesiae maioribus . of the greater tythes belonging to the church . the fourth . de minut is decimis . of lesser tythes ; all which are commaunded to be payed exactly . and finally the fifth law , which is the tenth in order , hath this title . de denario s. petri , qui anglicè dicitur rome-scot . of peter-pence , called in old english rome-scot : wherin is appointed the order , how the said peter-pence shall be gathered and made ready against the feast of s. peter and s. paul , or at the furthest , against the feast of s. peters chaines , as we haue seen also before ordeined by the law of k. kanutus . by all which is vnderstood , and much to be considered , that neither k. vvilliam , nor any of his auncestors tooke vpon them to make any ecclesiasticall law at all of spirituall matters , as of their owne ; but only did second , and strenthen , and confirme the lawes of the church , by their temporall lawes , by defending the same , and punishing the breakers therof . which is a far different thing from the ecclesiasticall power , which m. attorney will needs haue vs beleeue to haue byn in the auncient kings of england , according to the meaning of the auncient common-lawes therof , but produceth none . and i persuade my self , he will hardly alleadge me any so auncient as these , though he haue studied them , as he saith . years : but fiue hundred more were necessary to find out that which he affirmeth . and thus much of lawes for the present . . there remaineth only one argument more , concerning k. vvilliam , which is the time of his death , and of what sense and iudgment he was in this point at that time , when commonly men doe se more cleerly the truth of matters ( especially princes ) then before in their life , health , and prosperity , when passion , honour , or interest may oftentimes either blind , or byasse them . and albeit of k. vvilliam diuers ancient writers doe recorde , that notwithstanding in his anger , vnto secular men he was fierce & terrible ; yet vnto ecclesiasticall persons , he bare still great respect , wherof among others , this example is recorded by nubergensis , that when at a certaine time archbishop aldred of yorke , that had crowned him , and was much reuerenced by him while he liued , intreating him for a certaine pious worke , and not preuailing , turned his back and went away with shew of displeasure ; the conquerour tooke hold of him , and fell downe at his feet , promising to doe what he would haue him : and when the nobles that stood round about , began to cry to the arch-bishop , that he should take vp the king quickly from his knees , he answered let him alone , he doth but honour the feet , of s. peter , in kneeling at myne . which well declareth ( saith nubergensis ) both what great reuerence , this fierce and warlike prince did beare vnto this prelate , as also how singular authority and confidence the good archbishop had with him . . but ( as we haue said ) his true sense & meaning will best be sene by owne his words & behauiour at his death when finding himself in great affliction and perplexity of mynd , with the ●●ror therof , as before hath byn touched , and of gods iudgemen● ensuing theron : for that to vse his owne words , he saw himself ●●den with many and greiuous sinnes , and greatly polluted with the effu●●●● much bloud , and ready to be taken by and by vnto the terrible examination 〈◊〉 god , &c. in this plight ( i say ) which stow and others 〈◊〉 downe out of auncient authors , his greatest comfort● 〈…〉 he had byn euer obedient to the church : whervnto by 〈…〉 he assigned the most parte of his treasure ; adding this 〈◊〉 therof , that those things that had byn heaped vp by wicked deeds , might be disposed to holy vses of saincts . and then turning his speach to ecclesiasticall men he said ; you remember how sweetly i haue euer loued you , and how strongly against all emulations defended you . the church of god which is our mother , i neuer violated , but in euery place ( where reason required ) did willingly honour ; i haue not sold ecclesiasticall dignityes , and symony i allwayes detested ; in the election of pastors , i euer searched out the merits of his life , his learning and wisdome ; and so neer as i could , committed the gouernment of the church vnto the most worthy ; this may be seen in lanfranke archbishop of canterbury , and in anselme abbot of becke , and others , &c. this course haue i followed from my first years ; this i leaue vnto my heirs to be kept in all tymes ; in this doe you ( my children ) euer follow me , to the end that heerby you may please both god and man , &c. . and this was the last speach of the conquerour to his children , and others standing by at the day of his death , which doth sufficiently declare , what his sense & iudgement was concerning this point of spirituall iurisdiction . and to impugne and ouerthrow all this our aduersary the attorney had need to bring many and strong batterings , as you see . let vs passe then to examine what they are . the first instance taken out of the raigne of this k. vvilliam the conquerour . §. iii. . one instance only doth m. attorney find to be alleadged , during the raigne of this prince , which we shall alleadge in his owne words , as they ly in his booke ; and this shall we obserue commonly through all his instances . thus then he saith . the attorney . it is agreed , that no man only can make any appropriation of any church , hauing cure of soules , being a thing ecclesiasticall , and to be made to some person ecclesiasticall , but he that hath ecclesiasticall iurisdiction : but william the first of himself , without any other , as king of england , made appropri●t●●● of churches vvith cure , to ecclesiasticall persons : vvherefore it followeth , that he had ecclesiasticall iurisdiction . the catholike deuine . . this is the only one argument or instance , as hath bene said , which m. attorney hath found in all the life of k. vvilliam the first , wherby to proue his principall conclusion , which is , that k. vvilliam had as much ecclesiasticall power and iurisdiction , by the auncient common lawes of england , as euer had queene elizabeth , and she as much , as euer anie ecclesiasticall person had , or might haue in englād . and yet you se , that if al were graūted , which heere is set downe , it amounteth to no more , but that k. vvilliam did bestow a benefice with cure , vpon an ecclesiasticall person : which he might doe , either by nominating or presenting , as patrone of the benefice ; or by some indult from the pope , or bishop of the diocesse in that behalfe ; or vnder ratihabition ( as before in charters hath been declared ) or finallie he might doe it de facto and not de iure , as oftentimes it falleth out in such actions of princes . and in all these senses , though we graunt whatsoeuer m. attorney saith & setteth downe in this place , it commeth so far short to proue supreame ecclesiasticall iurisdiction in k. vvilliam , as it proueth not anie spirituall iurisdiction at all ; for that all he saith may be grauuted in any lay-man whatsoeuer : which wee shall endeauour to make cleere by explication and distinction of those things , which heere are set downe confusedly by m. attorney . . first then this instance consisteth of a syllogisme , as you see ; the maior wherof is related out of the collection of some law booke , as may appeere by his quotation in the margent , though i haue not the booke by me : and we graunt the proposition to be true in his due sense , to wit , that no man can appropriate a church or benefice with cure , to an ecclesiasticall man , but he that hath ecclesiasticall iurisdiction . and then , we deny the minor proposition , which ●● of m. attorneys owne addition , to wit , that k. vvilliam did so appropriate , or bestow any benefice with cure , vpon an ecclesiasticall person , except it were in one of the fower manners before specified . and m. attorney ought to haue proued his said minor , if he had delt substantially . . and moreouer i find that he faltereth somewhat also 〈◊〉 setting downe the very words of his maior proposition , though much more in the true sense , as presently shall be declared . for wheras he beginneth . it is agreed that no man can make any appropriation , &c. the latin words of this report cited by himself are : inter omnes conuenit , quod nemo possit appropriare , &c. which haue this sense : that it is a common receiued opinion ( to wit from the canon-law ) that no man can appropriate , or bestow a church with cure , except he haue ecclesiasticall iurisdiction . but m. attorney by shutting out the word inter omnes , and translating the rest , it is agreed , would make his reader thinke , that it was an agreement or resolution only of the temporall iudges in this case , in k. edward the . his raigne , and that they first founded this maxime about ecclesiasticall iurisdiction , wheras they related it only , as an auncient maxime receaued in the canon and ciuill law , in this sense which presently we shall declare . . and wheras he translateth the word appropriare ecclesiam ecclesiasticae personae . to make appropriation of any church to an ecclesiasticall person ; this may haue two senses , & be meant either of appropriations , or collations of benefices , wherin there is little difference in respect of our controuersie ; for that neither appropriation , nor collation can be truly and properly made , without spirituall iurisdiction , either ordinary or delegate . and as for appropriations , which consisted cōmonly in this , that the gleab-lands , and the better tithes were vnited to some religious houses , or parsons , leauing the lesser tithes vnto their vicars , they could not be made nor graunted , but by the licence of the sea apostolicke ; as neither in our daies they can , in catholike countries ; & vpō this pretence of a greater good to ensue therby vnto the church and countrey , where they are graunted : and consequently if k. vvilliam in his dayes , did make any such appropriatiōs in this sense , it is to be vnderstood that the same was first allowed by the sea apostolicke , as before we haue shewed in the examples of charters , for buylding & establishing of churches , monasteryes , and other pious workes . and the same may be gathered also out of the ordinances made about the said appropriations afterward in the . yeare of k. richard the second , and . of k. henry the fourth by parlament , wherin the bishops did fit as cheife in these affaires . . collations also of benefices require spirituall power and iurisdiction in him , that doth giue or confer the same ; though in this there may be diuers degrees , which are declared 〈…〉 canon-law . and m. attorney being so eminent in the common-law , ought not alltogeather to haue omitted them . for first , wheras the word benefice , or church with cure , or parish ( for all these are vsed oftentimes for the same ) doth comprehend as well a bishopricke , as a lower benefice ; if m. attorney will vnderstand it heere of the former , that is to say , that no man can appropriate , or bestow a bishoprick vpon any person , but he that hath ecclesiastical iurisdiction , he must remember ( if before he knew it ) that three things doe concurre in making of a bishop by diuine and canon-law , to wit election , confirmation , and consecration , as may be seen by the places therof heere quoted in the margent , not to trouble the text therewith to vnskillfull readers . . and albeit the first , to wit election , * when it is iustly made , doe giue right to the elected , to pretend the second and third , that is , confirmation and consecration , nor can they be denyed vnto him without iniury , except vpon iust cause , as the same law saith : yet can he not vpon his only election , exercise any part of his office of a bishop , either in iurisdiction or order . but when he hath the second parte , which is confirmation and induction to the benefice , which is properly called inuestiture ; then hath he iurisdiction vpon those people , and may exercise the acts therof by visiting , punishing , or the like ; but not the acts of order , vntill he haue consecration also , that is to say , he cannot make priests , nor administer the sacrament of confirmation , nor doe other such actions , as are peculiar to episcopall order . . now for these three things , the first ( which is election or nomination ) may be perfourmed by any prince or lay-man , that hath lawfull authority therevnto , which diuers wayes he may haue , as after shall be shewed ; either by ius patronatus of the benefice , or prerogatiue graunted him by the church . the second which is confirmation and giuing of iurisdiction , must only proceed from him that is the fountaine of all spirituall iurisdiction vnder christ ( which is the bishop of rome ) or some metropolitan or bishop vnder him , that hath authority and commission from him . the third which is consecration , must be done according to the canon-law , by three bishops at the least . and by this also may wee vnderstand , what is necessary for the appropriating or conferring of any lower benefice with cure to an ordinary priest , to wit , the two first , election or presentation , which may be done by a secular man and confirmation or inuestiture , which allwayes must come , as hath byn said , either from the sea apostolicke , or some bishop authorized vnder him ; for that it giueth spirituall power and iurisdiction ouer soules , which no man can doe , but he that hath it in himself , & no man can haue it , but he that receaued it from those that had it immediatly from christ , to wit s. peter & the rest of the apostles and their successors , gouernours of the church , as before in the second chapter of this answere we haue declared . . and yet further it is to be noted , for more cleernes and distinction , that the first of these three to wit election , is of foure distinct sortes in the canon-law . the one called election properly or choise , by suffrages and voyces of such as haue to choose . the second is termed postulation , when one is offred that is not altogeather capable of the benefice , but hath need of dispensation . the third is called presentation , when he that is patron , or hath the aduouson of any benefice , presenteth one by right of that ius patronatus , the right of patronage . the fourth is called nomination , which hath diuers curious differences noted in the law , ouer long heer to be discussed . but this is sufficient for our purpose , that all these foure wayes doe comprehend but only the first degree of appropriating a benefice to any incumbent . and albeit originally they doe all foure appertaine to ecclesiasticall power , for that they concerne an ecclesiasticall thinge ; yet for many ages haue they byn imparted also by authority and commissiō of the sea apostolicke , or by right of patronage , to secular lay-men , both princes and others : i meane to choose , postulate , present , and nominate fit persons , both for bishops and pastors . and this we see in vse now for many ages in all catholike countreys throughout christendome ; especially concerning bishopricks , and greatest dignityes ecclesiasticall . but yet no prince taketh that authority , as descending from his crowne , but as by commission , graunt , or indult of the sea apostolicke , which they hold to be the fountaine of all spirituall authority and iurisdiction . . all which being well vnderstood , it is easy to distinguish , and therby euacuate the argument of m. attorney in this place : which is a plaine sophisme , and deceitfull syllogisme , hauing one sense in the maior , & another in the minor . for if in the maior proposition , wherin he saith out of the reporte of his law , that no man can appropriate an ecclesiasticall benefice with cure , but he that hath sp●rituall iurisdiction . if he vnderstand ( i say ) the first degree only , which is to choose , postulate , present , or nominate ; then the said maior is false , for that lay-men may doe it also by commission ( as before we haue said ) and then doe we graunt his minor proposition , that k. vvilliam did , or might so appropriate . but if he vnderstand in the second or third degree of confirmation and consecration of bishops ; then is the maior true , & the minor false . and so m. attorneys syllogisme euery way is found faulty and guylfull , nor worthy of his place and credit . . and yet will i add one thing more for conclusion of this matter , which is , that as diuers secular princes in former ages , and in ours also , haue had the first degree of approprition ( as hath been declared , to wit , to nominate fit persons ; so haue diuerse pretended , as well in our countries as elswhere , to haue , in a certaine manner , the second from the sea apostolicke , that is to say , to giue the inuestitures in bishopricks , abbyes , and other chiefe benefices per annuium & baculum , that is , by giuing them a ring & a staffe , which are the ordinarie signes and markes of taking possession of their iurisdiction : which though the said princes doe acknowledge , to bee a spirituall act , and consequently not possible to descend from the right of their temporall crowne ( as m. attorney would haue it ) yet desired they to inioy it by commission from the sea apostolicke , in respect of their greater authoritie amonge their subiects , and for more breuitie of prouiding , and establishing incumbentes , when benefices of cure fell voide , and for other such reasons : wherof we may read in the liues of diuers of our kings . and namelie of king henrie the first this conquerour his sonne , what earnest suite he made , to haue these inuestitures graunted him , which the pope did flattly deny to doe ; yea and the greatest causes of that wonderfull breach between the popes alexander the . and gregorie the . and others of that age , with the emperour henrie and his successours , were by the occasion of these inuestitures , which the said popes would not graunt . albeit i find some ages after , that the great and famous lawyer baldus aboue two hundred years gone , recordeth that in his tyme , two kings only had these priuiledges , graunted them from the sea apostolicke ; the king of england to wit , and the king of hungary , which perhaps was in regard that their kingdomes lay so far of , as it might be preiudiciall to their churches , to expect allwayes the said inuestitures from rome ; but yet he expresly saith , that it was by commission and delegation of the pope . papa ( saith he ) committit spiritualia etiam mero laico , & ideo rex anglorum , & rex hungaria conferunt in suis reguis praebendas ex priuilegio papa . the pope may commit spirituall things to a meere lay-man ( and this he proueth by diuers texts of law ) and hence it is , that the king of england , and king of hungary doe in their kingdomes giue prebends , by priuiledge of the pope . wherby we vnderstand , that in baldus his time , it was held for a pecular priuiledge of these two kings , which fithence hath byn communicated to diuers other christian princes , who doe vse and exercise the same at this day ; but yet none pretending it , as from the right of their crownes . for they neuer pretended to giue benefice or bishopricke , by their owne kingly authority , but only to present and commend fit persons vnto the sea apostolicke , to be admitted and inuested therby , as all other catholicke princes at this day doe vse : yea , and that this right of presentation also , they tooke not , but by concession and approbation also of the foresaid sea apostolicke , as by the former examples may appeere . . and this is so much as i thinke cōuenient to saie in this place to m. attorneys silly instance , and i haue been the longer theraout , for that this k. vvilliam is the head and roote of al the kings following : and this which hath been answered to this obiection will giue much light to all other instances , that are to ensue . and if anie king should haue taken anie other course from this , established by the conquerour ( their head and origen ) which yet none euer in any substantiall point did vntill king henry the . you may see by all this discourse that the conquerour might say of them , as s. iohn said of some of his . ex nobis prodierunt , sed non erant exnobis . and so much of the conquerour . of king william rvfvs and henry the first that vvere the conquerours sonnes ; and of king stephen his nephevv : and how they agreed with the said conquerour , in our question of spirituall iurisdiction acknowledged by them to be in others , and not in themselues . chap. viii . this beginning being established in the conquerour cōforme to that which was in the precedent kings before the conquest , their remaineth now , that wee make our descent , by shewing the like conformitie in all subsequent kings , vnto k. henry the . according to our former promise . wherfore first in ranke there commeth k. vvilliam rufus second sonne of the conquerour , among those of his children that liued at his death , who being named to the succession by his said father vpon his death-bed , & so charged & forewarned , as you haue heard , in this verie point of honoring the church and ecclesiasticall power , and vnder that hope and expectation embraced and crowned by the good archbishop lanfranke , 〈◊〉 king first his solemne oath to the same effect , which his father had taken before him in the day of his coronation , he gaue g●●● satisfaction & contentment to all his people , at the beginning of his raigne , as all our historiographers doe testifie , that is to say , so long as archbishop lanfranke liued , to whom he bare singular respect , loue and reuerence : but the said archbishop deceasing in the second yeare of his raigne ( which was about the . of his age ) the young man , as thinking himself free from all respect to god or man , brake into those extreame disorders of life , which our historyes doe recount . . and among others , or rather aboue others , in oppressing the church , holding bishopricks & abbies in his hands , as they fell void , and not bestowing them afterward , but for bribes and simony : and namely the archbishopricke of canterbury he held foure years in his hand after the death of lanfranke , vntil at length falling greiuously sicke in the citty of glocester , and fearing to dy , made many promises of amending his life : as namely ( saith florentius ) ecclesias non amplius vendere , nec ad censum ponere , sed illas regia tueri potestate , irrectas leges destruere , & rectas statuere deo promisit . he promised to god not to sell churches any more , nor to put them out to farme , but by his kingly power to defend them , and to take away all vniust laws , and to establish such as were rightfull . and heervpon presently to begin withall , he nominated to the archbishopricke of canterbury , a great and worthy learned man named anselmus abbot of the monastery of becke in normandy who was then present in england ; for that some moneth or two before , he bad byn intreated by the earle of chester syr hugh lupus , to come into england to found and order his abbey ( saith stow ) of s. vverberge at chester ; of whom malmesbury liuing presently after him saith . quo nemo vnquam iusti ten●cior , &c. then which anselmne , no man was euer more constant in righteousnes ; no man in this age more exactly learned , no man so profoundly spirituall as this archbishop , that was the father of our countrey , and mirrour of the world . . but this vnfortunate king was no sooner recouered ( say the same authours ) but he repented himself sorely , that he had not solde the said archbishopricke with other for more money ; and therevpon tooke an occasion to picke a quarrell against the said anselmus , and among other things , to let him , that he could not doe his office ; for that ( saith florentius ) from the time he was made archbishop ( which was no lesse then two years ) it was not permitted vnto him , either to hold any synod , or to correct the vices which were sprung vp through england . wherevnto malmesbury and edmerus that 〈◊〉 with him , doe add , that the king would not suffer him to goe to rome to take his pall of the pope , as all archbishops of canterbury were accustomed to doe , and the other greatly vrged to haue licence : but after a long combat , which he had had with the king & diuers other bishops , that followed the kings fauour , in a synod at london vpō the third weeke in lent anno domini . and eight yeare of king vvilliam his raigne , the said archbishop being extreamly baited by the king & his followers , stood constant in his appeale to rome . . which thing rufus perceiuing ( saith malmesbury ) he sent secretly certaine messengers to rome , to intreat the pope ( which then was vrban the second ) to send the pall of canterbury vnto the king , to be giuen to whom he would . whervnto though the pope would not yeeld ; yet he sent back with his messengers for legate , the bishop of albanum named vvalta , with the said pall , who shewed vnto the king so many reasons , why the pope could not yeeld to his demaund , and intreated him so forceably to be content , that he might giue the said pall from the pope to anselme with accustomed ceremonyes in the church of canterbury , as at length he obteyned the same , and made them freinds . . but this frendship lasted not longe , for that the very next yeare after , the king continued his old manner of oppressing the church . s. anselme went vnto him to vvinchester , and there first by intercessors , desired the king that he might haue licence to goe to rome to conferr diuers difficultyes of his with vrban the pope . the king answered , that he would not giue him licence , for that he knew him to haue no such great sinnes , that it was needfull for him to goe to rome for absolution ; nor yet to be lesse learned then pope vrban , whose counsaile & direction he would aske . whervpon the archbishop entring the kings chamber , sate downe by his side ( saith the story ) and disputed the matter with him , affirming him to deny christ himself , that denyed recourse vnto his vicar vpon earth . and thervpon he concluded , that this licence could not be denyed him by a christian king , and consequently he would goe . the king said he should carry out nothing with him . the archbishop answered , he would goe naked and bare-foote . which firme resolution the king perceiuing to be in him , vsed by messengers vnto him diuers intreatyes ( saith vvalsingham ) and offered large promises of fauours if he would stay . but the other would not , but departed the realme , though he were searched and rifled by the kings officers at the port . . by all which story it most euidently appeareth , that albeit this young disorderly and passionate king , were as well in this , as in other matters , headstronge and violent in pursuing his appetites & desires , as well in ecclesiasticall , as temporall affaires : yet did he neuer deny the popes spirituall iurisdiction in england , but rather acknowledged the same , in sending to rome to intreat that the pall might be sent to him , as also in going about to diuert s. anselms recourse thither . but ( alas ) there passed not many years , but god punished seuerely these greiuous sinnes against his church : for as both the foresaid malmesbury & edmerus that liued with him doe write , s. anselms going to rome & frō thence with pope vrban to a councell of bishops gathered togeather at bary in apulia , wherin among other things , all lay-men were excommunicated , that presumed to giue ecclesiasticall inuestitures , as also those that receiued them at lay-mens hands , which was thought principally to haue byn done in respect of king vvilliam ; he returned againe some years after into france , and there passing his banishment with great quietnes of mind , he being one day with s. hugh abbot of cluniaecke , famous in those dayes for holines , the said abbot told him in the hearing of diuers others , that the night before , he had seen king vvilliam called before god , and receiued the sorrowfull sentence of damnation ; wherat all the hearers marueyling , the next newes they heard from england , was , that the said king was strangely slaine by an erring arrow of his familiar seruant tyrrell , while he hunted in the new-forrest , and that being stroken , he fell downe dead without speaking any one word . and the same authors doe recount diuers other the like presages and prognostications , that happened as well to the king himself , as to other friends of his in england , portending this euent , but neglected by him . . and this shall suffice for king vvilliam rufus , who raigned thirteen years . and though he was naught to all kind of men , ( saith malmesbury ) and pernicious in his actions , as well to secular as clergy men ; yet had he no other iudgement in matters of religion , then his father or auncestors ; nor euer was he noted of any least difference therin : nor doth maister attorney bring any instance at all out of this kings raigne : and therfore shall wee passe to his younger brother that ensued him in the kingdome . of king henry the first , vvhich was the third king after the conquest . §. i. . this was the third sonne of vvilliam the great surnamed the conquerour , who finding the commodity by absence of his eldest brother robert duke of normandy , tooke the kingdome of england vpon him , hauing gained by faire promises , the good-wills of all or most of the realme , and so was crowned by maurice bishop of london , for that s. anselm archbishop of canterbury . was yet in exile , as before vnder rufus you haue heard . . what the said henry did sweare and promise , and what he began , euen from the very day of his coronation , to put in practice , florentius that then liued , declareth in these words : consecrationis suae die sanctam dei ecclesiam , &c. from the very day of his consecration , he set free the holy church of god , which in his brothers dayes had byn sold and let to farme ; he tooke away all euill customes , and remoued all vniust exactions , wherby the kingdome had byn wrongfully oppressed before , & commaunded , that peace and freedome should be holden throughout the whole realme . he restored the law of s. edward to all men in common , with those additions or corrections which his father had added thervnto , &c. so florentius . and what his fathers additions were , and how greatly in fauour of the church , and of ecclesiasticall power , authority and libertyes , you haue heard before in his life and lawes . wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne . . and albeit in this point he neuer altered ; yet there passed not two years of his gouernment , but partely vpon kingly appetite to haue power in all things ; and partly also by incitation of flatterers , that seeke to feed & nourish princes humours in that behalfe ; he began to lay his hands vpon inuestitures of bishops , by giuing them annalum & baculum for their induction to their benefices ; saying that his father and brother before him , had vsed and exercised the same . but s. anselme archbishop of canterbury newly retourned into england with other bishops , opposed himself against the same , as a thing vnlawfull , and condemned by the canons of the church ; and namely in the late councell of bary , where himself was present : ( as before hath byn shewed ) and this contention grew to be so stronge , as the next yeare after , being the third of k. henryes raigne , the said holy man was forced againe to appeale to rome to pope pascalis , and thervpon to leaue the land , and once more to goe into banishment , where he liued three years , going and returning often from lions to rome , ( say malmesbury , florentius , and houeden ) about this matter . and the first of these three doth set downe diuers epistles of pope pascalis , both to anselme the archbishop , and to k. henrie himself , wherin he telleth him first , why he could not graunt vnto him the authority of inuesting bishops , which by his letters sent by clarke vvilliam he had demaunded saying : graue nobis est , quia id à nobis videris expetere , quod omnino praestare non possumus , &c. it greiueth vs much that you seeme to demaund at our hands , that which no wayes we can graunt ; for if we should consent , or suffer inuestitures to be made by your excellency , it would turne ( no doubt ) to the exceeding great daunger , both of you , and me before god , &c. secondly he exhorteth him earnestly to admit s. anselme to his bishopricke and fauour againe . prospice ( fili charissime ) vtrum dedecus an decus tibi sit , quod sapientissimus & religiosissimus episcopus anselmus , propter hoc , tuo lateri adharere , tuo veretur in reguo consistere . qui tanta de te bonae hactenus audierant , quid de te sentiant , quid lequentur ? &c. consider ( my most deere child ) whether this be an honour or dishonour vnto you , that so wise and religious a bishop as anselmus is , should feare for this cause to liue with you or to remaine in your kingdome . what will men thinke or say of you , who hitherto haue heard so great good of your proceedings ? thus he , and much more ( which for breuity i omit ) from his pallace of lateran vpon the . day before the kalends of december . . but not long after , to wit vpon the yeare . which was the sixt of k. henryes raigne , he being in some difficultyes in normandy in respect of the warrs he had there against duke robert his brother , and many great men that tooke his parte , and perceiuing great discontentments to be likewise in england , as well 〈◊〉 regard of the absence of their holy archbishop anselme ; as of the greiuous exactions which he had made vpon them . non fac●●● potest naerrari miseria ( saith florentius ) quam sustinuit isto tempore ●err● anglorum , propter exactiones regis . the miserie can hardly be declared , which england did suffer at this time by the kings exactions . all these things , ( i say ) being laid togeather , & god mouing his heart to turne to him for remedy , he thought best to goe to the monastery of becke in normandy , where anselme remayned in continuall fasting and praying for his amendment . and there agreeing with him to stand no more in these matters of inuestitures , or any other spirituall iurisdiction , he willed him to returne securely into england , to pray for him in his archbishopricke , and so he did . . and this being vpon the assumption of our b. lady to wit the . of august , the k. confident now of gods fauour , as it seemeth vpon this agreement , gathered presentlie an armie against his enemies , & vpon the vigil of s. michael next ensuing entring battaile with them , had a singular victorie , & tooke therin both duke robert his brother , & vvilliam earle of morton , & robert earle of stutauill , vvilliam crispin , and all the head captaines of normandy with them : wherof presently the king wrote letters of ioy to archbishop anselme in england ( saith florentius ) and the next spring abou● easter returned into england with the said prisoners , and left normandy wholie gained vnto him and to his successours . . and vpon this , he calling togeather vpon the first of august and . yeare of his raigne , all his lords , both spirituall and temporal , consulted for three daies togeather with them , not admitting s. anselme to that consultation , least his authoritie might seeme to haue ouer-borne the matter , what it was best to doe in that case of inuestitures , which he had before vsed ; albeit diuers ( saith florentius ) did exhorte him not to obey the pope in this , but to retaine the vse , which both his father and brother had practised , yet others alleadging the censures both of pope vrbanus and pascalis against the same , and that they left vnto the king all other priuiledges and regalityes : the king on the . day causing anselmus to be present : statuit ( saith florentius ) vt ab eo tempore in reliquum , nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 episcopatu aut abbatia , per regem vel quamlibet laicam manum in angli● inuestiretur . the king with his counsell did decree for that time forward ; that no man in england should be inuested of any bishopricke or abbey , by the king , or by any lay mans hand or power , with giuing him the pastoral staffe or ring , as sometymes had byn accustomed . and this was done in obedience of the canonicall constitution made in the councell of bary , against such inuestitures , as we haue declared . . aud thus was that controuersie ended , which was the only controuersie of importance , that this k. henry had with the sea of rome during the tyme of his raigne , which malmesbury then liuinge , recounted as done of conscience saying ; inuestituras ecclesiarum , post multas controuersias inter eum & anselmum , deo & & sancto petro remisit . hee did release againe to god and to s. peter , the inuestitures of churches after many controuersies had there about with anselmus . which he did perfourme so syncerely from his heart , as afterward anselme being dead , and he marrying his only daughter maude to the emperour henry the . vpon the yeare . he seemeth to haue induced his sonne-in-law the emperour to remit also the said inuestitures to pope calixtus , for which his father and grand-father had held so longe and scandalous broyles with the precedent popes ; yea and himself also , that is to say this emperour henry , not long before going to rome with a mayne army , had taken prisoner , and held for certayne dayes pope paescalis that sate before calixtus , therby to force him to graunt and confirme the said inuestitures , which now vpon a better mynd he gaue ouer againe . for this i find recorded by malmesbury and others of that time ; that calixtus being made pope vpon the yeare . and presently comming into france , and calling a councell at rhemes , k. henry of england sent diuers bishops at his commaundement vnto that councell . and the next yeare after going to treat with the said pope in person , at his castell of gesorse in normandy : acta sunt multae inter illos , &c. many things were treated between them ( saith houeden ) as it was conuenient in the meeting of so great personages . but the principall was that henry obtained of the pope , to graunt vnto him , that he might haue all the customes cōfirmed , which his father had in england and normandy , & especially that none from thenceforth should be sent legat into england , except the king , vpon some controuersie falling out which could not be ended by his bishops , should demaund the same of the pope . so houeden . . wherby we may see the kings iudgment of the pope ●●thority , and the recourse to be made thervnto in matters of mo●● moment . and that which is more , soone after this meeting , i find , that the foresaid emperour made the like attonement with the same calixtus , which malmesbury recordeth in these word● in nomine sancta & indiuiduae trinitatis . ego henricus , &c. in the name of the holy and indiuisible blessed trinity . i henry by the grace of god emperour , &c. for the loue of god , and of the holy romaine church , and of my lord calixtus the pope , and for remedy of my soule , doe remit freely to god and his holy apostles s. peter & s. paul , and to his holy catholike church all inuestitures by ring and staffe , and doe yeeld and permit , that in all churches within my kingdomes and empire , there be made canonicall election , and free consecration of ecclesiasticall persons , &c. . and thus was ended that fierce and bloudy controuersie ; that had lasted and troubled the whole christian world aboue fifty yeares ( saith malmesbury ) about the vse of inuestitures , pretended by princes to be graunted vnto them and their auncestours by different popes : but yet neuer challenged the same as incident to their crowne or temporall iurisdiction , but as a priuiledge graunted by the sea apostolike , which might lawfully be done , as you haue heard by the former rule of baldus the lawyer , that the pope may commit spirituall things , by priuiledge , in some cases , as the is , to a mere lay-man . and yet further if we seek the beginning of these inuestitures , how , and when , and to whome they were first graunted ; we shall find the matter very vncertaine . for albeit some haue thought , and written out of a certaine relation , in sigebert his chronicle ; that the first graunt of these inuestitures was made by pope adrian the first vnto charles the great , in respect of his great meritts toward the church : yet others doe hold this to be false , and that the name of inuestitures was not knowne in those dayes , but rather crept in afterward ; yea , and rather taken and vsurped to themselues by certaine princes , by inuasion of intrusion vpon the church priuately first , & then more publikely afterward ( and therevpon pretended by their successours ) than granted by speciall gift or consent of any pope a● al●● . which seemeth to haue byn the case also of our king henry 〈◊〉 first , who as you haue heard , did pretend to challeng the i●●●●●●tures , as vsed by his father and brother before him , wherof 〈◊〉 notwithstanding we finde no expresse proofe ( for example ) 〈◊〉 any of our historyes that they vsed them , and much lesse that they were lawfully graunted vnto them . and albeit they had byn , yet might the same authority which did graunt them , reuoke them againe vpon the notable abuses , which therof did ensue , by selling and buying of churches by princes and their officers . . but howsoeuer this were , yet is it manifest heerby , that as well those princes which violently tooke these inuestitures vpon them , as others that might haue them perhaps graunted for a tyme ; both of them ( i say ) did pretend to haue them from the sea apostolike , and therin acknowledged the primacy and supremacy of ecclesiasticall power to be in that sea , and not in themselues : which is wholy against m. attorneys conclusion . and therefore the said emperour henry the . when he deteyned prisoner the foresaid pope paescalis , and forced him to make a constrained graunt vnto him of the said inuestitures , he would needs haue him put these words in his bull. illud igitur diguitatis priuilegium , &c. that priuiledge of dignity therfore , that our predecessours bishops of rome haue graunted vnto your predecessours catholike emperours , and haue confirmed the same by their charters , we graunt also to you , and doe confirme by this present priuiledge and charter , that vnto the bishops and abbots of your kingdome , that shall be chosen freely without violence or symmony , you may giue the inuestiture of staffe & ringe , and that after the said inuestiture , they may canonically receiue their consecration from the bishop to whome it shall appertaine , &c. so he . . and now consider ( good reader ) that if so great & potent an enemy of the church of rome , was so desirous to haue her graunt ( albeit perforce ) of such little peeces and raggs of ecclesiasticall authority , as these were : how much more glad would he haue byn , to haue had all the popes authority acknowledged to be in himself , if he could haue deriued it from the title of his crowne and empire , as syr edward cooke would haue taught him , if he had byn his attorney : and how easily might he haue procured such a statute to haue byn made vnto him , by his people in parlament , as was made vnto queen elizabeth , to giue her all supreame authority ecclesiasticall , that euer any person had , or might haue , if he had listed , or if he had thought it had byn worth the procurement . and surely it had bin a much more easie , and lesse costly way , to procure it at home in germany , 〈◊〉 to haue gone to rome with so mayne an army and extraordinary charges , labour , and daunger , as he did , to extort the same from the pope ; and yet not all his authority , but a small peece therof , as hath byn said . . but now all was amended and accommodated againe , & as well the emperour , as his father-in-law k. henry yelded vp all their pretended right in those inuestitures , as you haue heard . and as in the procuring and retaining them , by what manner soeuer , they acknowledged the spirituall power of the sea of rome ; so much more in rendring them vp againe . and for so much , as both their acts are presumed principally to haue proceeded of our k. henry , all men may therby see his deuotion to that sea. . and this deuotion and obedience he continued from that tyme forward vnto his death , which was some . years : in all which time i might shew diuers euident argumēts of this point , as of his often sending to rome speciall embassadours , the particular confidence that sundrie popes had with him ( as may appeare by their letters vnto him ) his sending to rome vpon the yeare . vvilliam newlie elected archbishop of canterbury and thurstyn of yorke , to receiue their confirmation , and palls there , for more honour and deuotion of the place and sea ; though otherwise , hee might haue procured the same to haue been sent to england , as eight years before he did , vnto raphe bishop of canterbury , as florentius declareth . . and two years after this againe , to wit. . ( in which yeare the foresaid emperour henry died , that had kept so much stir about inuestitures ) there was a synod celebrated in the church of vvestminster , by order of pope honorius , his legat cardinall iohannes de crema being present & president therof , wherin diuers canons were decreed : and in the third ; that no clergie man should receiue anie benefice at the hands of aelaie-man &c. without the approbation of his bishop ; and if bee did , the donation should be void : which the king tooke not to bee against himself , or anie way repined at that councell , gathered by the popes authoritie , neither at this decree therof , that might concerne both him & his . which well declareth the pietie of his minde , and what his iudgment was of his owne ecclesiasticall authoritie , deriued from his crowne . and now let vs see what m. attorney hath obserued out of him and his raigne to the contrarie , that is to say , to proue his supreme iurisdiction . it is but one sole and solitary instance , and this nothing to the purpose , as presentlie you shall see . the attorney . henry by the grace of god k. of england , duke of normandy : to all archbishops , bishops , abbotts , earls , barons , and to all christians as well present , as to come &c. we doe ordaine , as well in regard of ecclesiasticall , as royall power , that whensoeuer the abbot of reading shall dy , that all the possessions of the monasterie wheresoeuer it is , doe remaine entire and free , with all the rights and customes therof , in the hands and disposition of the prior & monkes of the chapter of reading . we doe therfore ordaine & establish this ordināce to bee obserued euer , because the abbot of reading hath no reuenewes proper and peculiar to himself , but cōmon with his brethren , whosoeuer by gods wil shall be appointed abbot in this place by canonicall electiō , may not dispēd the almes of the abbey by ill vsage with his secular kinsmen , or anie other , but in entertaining poore pilgrimes & straūgers & that hee haue a care , not to giue out the rent-lands in fee , neither that he make any seruitours or souldiars , but in the sacred garment of christ , wherin let him be aduisedlie prouident that he entertaine not young-ones , but that he entertaine men of ripe age or discreet , as well clarks , as lay-men . the catholike deuine . . heer i desire the prudent reader to consider , how weake and feeble a battery m. attorney bringeth forth , against so stronge and founded a bulwark , as before we haue set downe to the contrary ; wherin hauing shewed and demonstrated by sundry sortes of euident proofe , that king kenry , as in all other points of catholicke doctrine , vsage , and practice ; so in this speciall point of the popes ecclesiasticall iurisdiction was a perfect catholicke prince , acknowledging and yeelding vnto him , his due spiritual superiority and eminency in euery occasion as you haue heard . now m. attorney , from whome we expected some substantiall proofe to the contrary , to wit , that he acknowledged not , nor practised the same , but held this supremacy to be in himself , as deriued from his crowne , in as ample sorte , as q. elizabeth had , or might haue by the statute of parlament , that gaue her all power , that had byn , or might be in any spirituall person whatsoeuer , &c. to proue all this ( i say ) he com●●●● forth now , with this one sole charter , which you haue he●●● whereby the said king , as founder of the abbey of reading , doth assure the lands and temporall possessions , which he had giuen to the said abbey , that neither ecclesiasticall , nor royall power shall take away , or distract the same vpon any occasion after the abbots death ; but that they shall remaine entyre and free , with all their rights , in the hands of the couent , prior , and monks therof , vntill a new abbot be canonically elected , who shall haue no propriety in any parte therof , but all common with his brethren : in regard wherof he is willed to dispend the same religiously , according to the founders meaning and intention , as out of the words of the charter it self you haue heard . . and now what proueth all this against vs , or for our aduersarie ? or why is it brought forth think you ? for heer ● mention only of temporall matters , for assuring the possession , and due vse of the monasteries temporalityes : heer is no mention at all , or meaning of spirituall iurisdiction . and how then is this drawne in to m. attorneys purpose ? we haue shewed before out of the examples of diuers kings , that founded sundry monasteryes before the conquest , namely k. ethelbert that of canterbury : k. offa that of s. albans : k. edward that of vvestminster , and others : that besides the ordinary power and priuiledges , which founders of pious works , haue by the canon-lawes ( which are many and great ) to dispose of their owne donations , and to assure the same according to their perpetuall intention : the sea of rome was wont also to graunt them authority oftentymes , to dispose and ordaine spirituall priuiledges , to be confirmed afterward by the same sea , as out of diuers like charters and graunts you haue heard ; which was much more then this , which heer m. attorney alleadgeth ( though nothing to his purpose ) to proue his maine proposition of supreame ecclesiasticall iurisdiction deriued from princes crownes . . wherof it ensueth , that this is lesse then nothing . and if he will vrge those words of the charter , vve doe ordaine as ru 〈…〉 regard of ecclesiasticall , as royall power , which in latin are : stat●i●● autem tam ecclesiasticae quam regia prospectu potestatis , &c. it is also lesse then nothing ; importing only , that he both as king and founder , forbiddeth all men , both ecclesiasticall , and temporall , to enter vpon the lands , which he hath giuen to the said monast●●● , either by spirituall or royall authority : euen as you haue heard k. edgar before prohibite the like concerning the monastery of medeshamsted founded by him . vt nullus ecclesiasticorum vel laicorum super ipsum dominium habeat . that no ecclesiasticall or lay-person haue dominion ouer it , or ouer the abbot thereof ; signifyinge in the same place , that this priuiledge notwithstanding was confirmed by the pope and archbishop of england . and the like we may presume of this other of k. henry , as also we may note the great respect that he bare ( euen in this charter ) to the church , for that he putteth ecclesiasticall before royall in this affaire . and finally all this auailing nothing to the point , wherevnto m. attorney should haue brought it , he remaineth destitute of any instance out of this kings raigne , as well as out of his predecessour & successour : of which successour we haue now also to say a word or two , to end this chapter withall . of the raigne . of king stephen , the fourth king after the conquest . §. ii. . after k. henry raigned k. stephen his nephew , that is to say , the sonne of his sister , eighteene years & somewhat more ; wherin the misery and vncertainty of humaine designements is seene that k. henry the first , who had laboured so much to establish after him , his owne succession in england by his sonnes ; & the like in the empire by marriage of his daughter maude to henry the . emperour , as you haue heard : and to this effect was induced to cut of so many noble men and houses , both in england and normandy , and to pull out his owne brothers eyes for more assurance therof , holding him almost thirty years in perpetuall prison vntill his death ; hauing heaped togeather infinite riches and treasures ( saith malmesbury ) to wit aboue a hundred thousand pounds in ready-money besides plate and iewels , to establish these his designements , &c. that now notwithstanding all was dashed vpon the suddaine , his male children being drowned vpon sea , and his daughter returning without issue from germany , & 〈◊〉 dispossessed in like manner of her inheritance to england by 〈◊〉 neerest kinsman stephen , that first of all other had sworne ●●mage vnto her in her fathers dayes . . this man then , hauing gotten the possession of the crowne , albeit he had infinite troubles therewith , and the realme much more by this means , and by his instability of nature , who was wont ( saith malmesbury ) to begin many things , & goe through with few , to promise much and perfourme little : yet held he out for more then . years togeather , as i haue said . and in all this time though he had little leasure to attend peculiarly to ecclesiasticall matters , and lesse will oftentymes , being wholy intangled in matters of warre : yet his whole course and race of life sheweth euidently , that in this point , either of beleife or practice , concerning ecclesiasticall power , he did not differ or dissent from his auncestors , or from other christian catholike princes , that liued round about him in those dayes . nay , he was held for so religious in this behalfe , before he was king as the opinion therof did greatly further him to gaine the kingdome . for that ( saith malmesbury ) henry bishop of vvinchester , which now was legate of the sea apostolicke in england , that principally was the cause of his preferment to the crowne , was induced therevnto by most certaine hope , that stephen would follow the manners of his grand-father the conquerour , in gouerning the crowne , but especially in preseruing the discipline of ecclesiasticall vigour ; and vpon this hope , did the said bishop interpose himself , as mediatour and pledge for stephen , with vvilliam archbishop of canterbury , and the rest of the bishops and nobility , exacting of him a strict oath de libertare reddenda ecclesia , & conseruanda . for restoring and conseruing the liberty of the church , which vvilliam rufus by his loose gouernment , had much infringed . . the same malmesbury also that liued with him setteth downe the mutuall oathes , both of him and his nobility , the one to the other . surauerunt episcopi fidelitatem regi ( saith he ) quamdiu ille libertatem ecclesiae & vigorem disciplina conseruaret . the bishops did sw●●● homage and fidelity to the king , as long as he maintained the liberty of the church , and vigour of discipline therin . but the kings oath was large , concerning his election , admission , crowinge by the archbishop of canterbury as legat apostolicall , that he was particularly confirmed by pope innocentius , &c. and then it followeth : ego stephanus &c. respectu & amore dei , sanctam ecclesiam liberam esse , &c. i king stephen doe graunt , and confirme for the respect and loue i beare to allmighty god , to maintaine the freedome of his church , & doe promise , that i will neither doe , nor permit any symmoniacall act of selling or buying benefices within the same . i doe testifie also and confirme , that the persons and goods of all clergy-men , be in the hands , power , and iustice of their bishops , &c. and i doe confirme by these presents , and their , dignityes , priuiledges , and auncient customes to be inuiolably obserued , &c. . this oat● made he at his first entrance , as rufus & others had done before him , wherby they testified not only their iudgment , but also their obligation , though afterward in obseruance therof many times they failed vpon particular interest or passion mouing them to the contrary . for so writeth malmesbury also of this king. penè omnia ita perperàm mutauit posteà , quasi ad hoc tantum iurass●t , vt preuaricatorem sacramenti se regno toti ostenderet . he did afterward in his life , so peruersly breake all that he had sworne , as though his swearing had byn only to this effect , to shew himself an oath-breaker to the whole kingdome . but yet presently after he excuseth him againe : sed haec omnia non tam illi , quam confiliarijs eius ascribendae put● . but i doe thinke all these things , to be ascribed rather to euill counsellours , then to himself . . one notable case fell out vpon the . yeare of his raigne , to wit in the yeare of our lord . when holding his courte in the citty of oxford , and expecting dayly the comming out of normandy of robert earle of glocester , in fauour of maude the empresse , ( i meane that famous robert base sonne of k. henry the first , most excellent in wisedome and feats of armes , and a great fauourer of learned men , to whome both malmesbury and geffrey of monmouth dedicated their books ) the king being persuaded ( i say ) by certaine il counselours and souldiars about him , to lay hands vpon the goods and castles of two rich and potent bishops , the one roger of salisbury that had byn chaplaine to king henry ; and the other alexander of lincolne his nephew , and the kings chauncelour ; he followed at length their counsaile , and caused both bishops to be apprehended , and forced to deliuer vp the keyes of their castles and treasures therein , pretending feare and doubt , least they would otherwise hape kept the same for the said earle of glocester and maude the empresse● 〈◊〉 . and albeit these two bishops power & greatnes had 〈◊〉 much misliked also by the cleargie it self ; yet seeing ( saith malmesbury ) this violence to be vsed against the canons , they admonished the king therof by diuers waies , especially by his brother bishop of vvinchester , now also legate of the sea apostolicke , a likewise by theobald archbishop of canterbury that had succeeded william ; who went so far , and were so earnest in this matter ( saith malmesbury then liuing ) : vt suppliciter pedibus regis in cubicul● effusi , orauerunt , vt misereretur ecclesiae , misereretur anima & fama s●●ne pateretur fieri dissidium inter regnum & sacerdotium . they falling downe at the kings feet in his chamber , besought him most humbly , that he would haue pittie of the church , mercie of his owne soule and good name , and that hee would not suffer diuision , and sedition to bee made between the kingdome and preisthood . wherat ( saith he ) the king rising respectiuelie from his seate , albeit hee excused his fact by laying the ent●● therof vpon others ; yet being preuented by euill counsaile , hee neuer perfourmed in substance , the good promises that hear vpon he made . . wherefore it seemed best to the said legate and archbishop to call a synod at vvinchester , and to cite the king there vnto vnder paine of censures to appeer therin , and to giue the reason of this his violent fact against the foresaid two bishops ; for so much as if they had offended : non esse regis , sed canonum in●●cium affirmabant . they affirmed the iudgment of this , did not appertaine to the king , but to the canons of the church . . this ecclesiasticall councell then being called togeather vpon the first of september , non abnuente rege , not altogeather against the kings will ( saith malmesbury ) who was present in the said citty of oxford , he sent two earles for his proctors , with an excellent learned aduocate or attorney called albericus de v●●● who excusing the kings fact , & shewing many reasons of s●●●● which forced him to assure himself of those stronge castell sand holds , in so suspitions a time as this was , as also to retaine their wealth therin found , for that one of them being chauncellour had many money-reckonings to make to the king ; conclu●●● in the end , that the king presumed to haue done nothing against the canons of the church & true meaning therof in such a 〈◊〉 for that the self same canons did forbid bishops to buyld such stronge castells . and in this later point hugh archbishop of rome being newly come to this councell , did take the kings parte ; affirming that in so suspitious a tyme , the king might without breach of church-canons , demaund the keyes of any bishops castle within his realme . but the legate & archbishop of canterbury were of opinion , that first the violence of the fact should be remedied , and then the matter tried according to the said canons : which the king refusing to doe , the two bishops interessed appealed to rome , whervnto the king answered by his attorney albericus in these words : for as much as some of the bishops had vsed threats , and were preparing to send some to rome against the king ; in this ( said he ) the king doth commend them for their appealinge : but yet he would haue them know , that if any went against his will , and against the honour of the realme , his returne home should be harder then perhaps he imagined . nay moreouer the king shewing himself greiued in this cause , did of his owne free-will and motion , appeale for himself to rome . which when the king , partly praising their appeale , & partely threatning ( as you se ) had vttered , all men vnderstood whitherto it tended , to wit that they should not carry the matter to rome at all , but end it at home . . this was the euent of that councell ; which i haue related somewhat more largely out of the writing of an eye-witnes , for that it expresseth manifestly what was then held and practised for truth in our controuersie . for that k. stephen and his learned councell , and attorney did not stand vpon denyinge the popes ecclesiasticall authority , as our attorney doth now , nor yet of the bishops of his realme in ecclesiasticall matters , but is content to vnder-goe the same , defending only the reason and lawfullnes of his said fact ; nor did he pretend by reason of kingly crowne to haue this iurisdiction , but allowed , as you haue heard , both their appeale to rome , and appealed also himself . and surely if our attorney and that attorney should haue disputed about the plea that was to be held therin , they would greatly haue differed ; & yet was that attorney in causaruns varietate exercitatus ( saith malmesbury ) much exercised in all variety of causes : but his iudgemēt , learninge , & beleife , was different from that of ours , though he were foure hundred years elder . and so to returne to our story againe , this was the successe of these affaires , and conforme to this was all the rest of his life and raigne : as for example when innocentius the pope did call to rome 〈◊〉 archbishop of canterbury , simon bishop of vvorcester , roger bishop of couentry , robert bishop of excester , reynold abbot of euishant , ●o sit and haue their voices in a generall councell , ( saith florentin● ) the king presently obeyed and sent them thither . the same stephen also made suite , and obtained of pope lucius the . ( saith vvalsingham ) that the sea of vvinchester should be an archbishopricke , and haue seauen bishopricks vnder it , which had byn effectuated if the same pope had liued . but the ensuing popes not liking therof , it tooke no place , though the said king desired it much , and would , no doubt , haue done it by himself , if he had thought his owne spirituall authority to haue byn sufficient for that matter . . another case also fell out of great moment , between pope eugenius the . that ensued lucius , and k. stephen , which was about vvilliam archbishop of yorke , called afterward s. vvilliam , who being nephew vnto the said king , that is , borne of his sister lady emma , and by his procurement made chanon & treasurer of the church of yorke , was after the death of archbishop thurstan , chosen by tha maior parte of the chanons , to be archbishop of the said sea ; who sending the certificate and authenticall writings of his election vnto rome to be confirmed first by pope celestinus , and after by pope eugenius then newly chosen : he was first called to rome sore against k. stephens will , and being there , was charged ( as both nubergensis that liued at that tyme , and others doe largely declare ) that his election was not canonicall . and so after much pleading of the matter ( wherin are extant also diuers earnest and vehement epistles of s. bernard to pope celestinus , & after to pope eugenius against the said election ) the conclusion was , that vvilliam the kings nephew , insteed of receiuing his approbation and pall for his installment , was depriued , and sent backe into england againe without any benefice at all , where he liued for the space of seauen years with his other vncle , henry bishop of vvinchester in great perfection and austerity of life , vntill the said bishopricke being void againe , he was chosen the second tyme , and going to rome was confirmed by pope anastasius that ensued eugenius . . but now for the first time , notwithstanding all that king stephen could doe or intreat for him , he was depriued , as hath byn said , and one henry murdat a learned man , abbot of a monastery of s. bernards order in vvells , who also had byn schollar in the monastery of clare-vallis vnder the said s. bernard , was promoted vnto the dignity , and proued a notable good archbishop , though at the beginning he being contradicted by the king , had great difficulty to enter ; the people also being against him , as well for feare of the said king , as for fauour and loue of the other good man deposed : and the kings sonne eustachius going to yorke vpon that occasion , vsed great violence , and insolency ( and some not to be named ) against such as had opposed themselues against the election of the said deposed . but finally the sentence and iudgement of pope eugenius tooke place , and k. stephen after a time permitted the other to liue quietly in his bishopricke : whereby we may see , what power and iurisdiction the pope had for such matters in england at that time . and that neither k. stephen , nor his sonne eustachius , nor any of his counsell , went euer about to say for their pretence or excuse , that these things belonged to the kings authority-royall , & not to the popes tribunall . . all which points being laid togeather , and many other that for breuity i doe pretermit , it commeth to be manifest , that whatsoeuer actions this king , in those infinite troubles , fears , and suspicious of his , might sometymes vse for his gaine or interest , or vpon persuasion of others , against the church or libertyes therof : yet was his will and iudgement truly catholike in this point , nor was he euer noted for the contrary ; nor doth m. attorney alleadge any one instance out of him or his tyme , to that purpose . and therfore shall we passe to other kings after him . of the raigne of king henry the second great grand-child to the conquerour : and of his two sonnes k. richard and k. iohn , and their conformityes in this controuersie . chap. ix . as in the former chapter for breuityes sake , we ioyned three kings togeather ; so shall we doe the like in this : especially for so much as m. attorney hath no one instance out of any of them , whose raignes iudured for the space of aboue threescore years ; and thereby sufficiently testifieth , that in this point of the popes ecclesiasticall authority , their beleife , iudgements , and actions were correspondent and vniforme to those of their progenitors and predecessors , as also were their lawes ; & consequently ( which allwayes is to be borne in mind ) the common lawes of their dayes , could not be contrary to that iurisdiction of the bishop of rome , which they themselues euerywhere did acknowledge , professe and practise . for better declaration notwithstanding wherof , we shall not omit to set downe some particular and seuerall notes , as well of these kings , and their successors , as we haue done of the former . of king henry the second , the fifth king after the conquest . §. i. . this king then was a french-man borne , as well as k. stephen , & of the english-bloud only , by maude the empresse daughter to k. henry the first , & neece to the conquerour . he was sonne and heire to geffrey duke of anioy and poytoù , and a little before his inheritance of england , he had the rare fortune ( as then it was thought ) to marry with the young queene eleanor lately diuorced from k. lewes the seauenth of france , vpon their falling out after their returne from ierusalem , which queene was daughter and heire to the duke of aquitaine ; so as all those states of gascoyne , gwyan , poytoù , anioy and normandy , were vnited togeather in this k. henry , and by him conioyned to england . the dukedome of brittany also falling in his tyme to the inheritance of an only daughter of duke canon , king henry procured to marry the same to his third sonne geffrey , for he had foure by his said queen that liued togeather , besides a fifth that died young . it was his chaunce also to haue an english pope , named adryan in his daies , by whose fauour and concession he got interest to ireland , so as if we respect the greatnes and multitude of his dominions ; he was the most puissant king of all , that euer had dominion ouer our nation vntill that day . . but if we respect his manners , you may ( besides others writers ) read a whole chapter in nubergensis , of the conflict & combat betweene vices and vertues in him , though he conclude that his vertues were the more , and his vices were sore punished in him by almighty god in this life , to the end that his soule might be saued in the next , as the same author writeth . and to this effect was he punished and afflicted most in those things , wherin he had taken most delight , and for which he had most perhaps offended god ; as first in the alluring of the said q. eleanor to make the foresaid diuorce from the king of france to marry him , who afterward was a great affliction vnto him : for that ha●●●● borne him many faire children , she set the same against him , ●● thervpon the former ardent loue waxing cold between them , he was the more induced to liue lasciuiously with others , and ●● the end committed her to prison , and held her so , for neere a dozen years togeather before his death . . his children also he couered exceedingly to aduaūce , crowning the elder of them king in his owne daies , by the name of k. henry the third , and giuing him in possession the states of gascoyne and gwyan ; the second being richard , he made earle of poitoù ; the third which was geffrey , he inuested ( as hath byn said ) in the dukedome of brittany ; and the fourth named iohn , for that he had no seuerall state as yet to giue him , he called in iest s●●● terre , or lack-land , signifying therby the great desire he had to prouide some state for him . and for effectuating this ( saith nubergensi● which liued in that age ) that is to say , for aduauncing his children , he offered iniuries to many : wherby it came to passe by gods iust iudgement , that they all at different times conspired against him . for first about the middest of his raigne , both the mother and the children banded themselues against him , with lewes the k. of france , that had byn her former husband , wherof petrus blesensis , that was his latin secretary , maketh mention in diuers epistles that are extant , as namely , in one written by two archbishops that had byn his embassadours to the said k. lewes , to make peace , but could not ; who discouered that both his queene and children had all conspired against him . quid amabilius ●ilijs ( say they ) quid vxore familiarius , recessit tamon vxor à latere vestro , & filij insurgunt in patrem . what is more delectable them children , what is more neere or familiar then the wife . and yet is your wife departed from your side , and your children are risen against their father , &c. and in the same epistle , they counsaile him to looke well to his person , for that they sought his destruction . . and the same is testified in another epistle written by the archbishop of roane in normandy vnto q. eleanor her self , wherin he persuadeth her vehemently by manie reasons , to returne to the obedience and freindship of her king and husband ; and in the end threatneth to vse the censures of the church against her , if she obaied not . parochiana eniu● nostra es ( saith he ) sicut & ●● 〈◊〉 , non p●ssumus deesse iustitia , &c. for you are our parishioner , a● also your husband ; i cannot but doe iustice , either you must returne , to your husband againe , or by the canon-law i shall be forced to constraine you by ecclesiasticall censures . i write this vnwillingly , and if you repent not , i must doe it , though with sorrow and teares . . the like letter at the same time , wrote richard archbishop of canterbury to k. henry the sonne , persuading him by diuers earnest arguments , to returne into grace with his father , and in the end threatned him , that if within fifteen dayes he perfourmed it not , he had expresse commaundement from the pope to excommunicate him . but how this matter was afterward ended , or compounded rather for that present , you shall heare a little beneath , though againe vpon other occasions , matters brake forth & brought the afflicted king at last to the most miserable state of desolation in minde , that euer perhaps was read of in historyes . for that , as stow out of auncient writers reporteth , he died cursing the day that euer he was borne , and giuing gods curse and his to his sonnes , ( which were only two liuing at that time ) and that he would neuer release or goe backe in this , albeit he was intreated by diuers , both bishops and other religious persons , euen vntill the very houre of his death . wher vnto nubergensis addeth this saying for some reason therof . nondum ( vti credo ) satu defleuerat , &c. he had not ( as i beleeue ) mourned or bewailed sufficiently the rigour of that most vnfortunate obstination of mind , which he had vsed against the venerable archbishop thomas ( in giuing the occasion of his murder ) and therefore doe i thinke this great prince to haue had so miserable an end in this world , that our lord not sparing him heere , might by his temporall punishment prepare him euerlasting mercy in the life to come . so nubergensis . and this for his manners and conuersation , wherin otherwise the said author doth much commend him for a good iusticer and leuing father to his people ; a great almes-man and founder of pious works ; and for a principall defender and preseruer of ecclesiasticall libertyes , &c. . but now if we consider the point of our controuersie about his religion , and particular iudgement in the matter of ecclesiasticall iurisdiction ; no king euer of our nation did make the matter more cleere for his obedience to the sea of rome in all occasions , wherof he had many in his dayes , & some of them neerly concerning himselfe , as that of thomas becket archbishop of canterbury , who for opposing himself against certaine new statutes and ordinances of the said king , which in the heat of 〈◊〉 greatnes and temporall fortune , he would haue made against the liberty of the church , pretending them to haue byn of his grand-father k. henry the first ( and if they had byn , the antiquity was not great as you see ) the said archbishop incurred highly his heauy indignation , which cost him afterward his life , as is notorious . and these lawes were six in number , as the histories of that time doe sett them downe . the first , that no appellation might be made to rome without he kings consent . the second , that no bishop might goe out of the realme without the kings lic●nce , though he were called by the pope himself . the third , that no bishop may excommunicate any man that held of the king in capite , but by the kings approbation . the fourth , that it shall not appertaine to the bishop to punish men for periury , ●● violating their faith ; but that it shall belonge to the kings courts . the fifth , that clarks may be drawne to secular tribunals in certaine causes . the sixt , that the king and his lay-iudges may determine controuersies about titbes or churches . . these were the lawes , for which k. henry the second made so much adoe to haue them passe , as he enpawned his whole power therin , & moued , for so much as in him lay , both heauen and earth to effectuate them , euen by the pope himself , but could not . and yet you see , that heere is not pretended any absolute spirituall iurisdiction , but only delegatory in certaine little peeces and parcels therof , or rather some little restraint of that supreme authority , which he acknowledged to be in the sea of rome . but yet for the good and peace of his land he pretended to haue them graunted , confirmed , & allowed vnto him , as he said they had byn to his grand-father , but could not shew it . for as you haue heard in the life of k. henry the first , the holy and learned prelate s. anselme stood against him in such sorte , so as he preuailed not . . it is heer also specially to be noted against m. attorney , that this king pretended not ( as hath byn said ) to haue this iurisdiction against clergie men by right of his crowne , but by concession rather of his bishops , and confirmation of the pope himself . for so expresly affirmeth houeden that liued at that tyme , that he required the seales of the said bishops , and confirmation of pope alexander the third ; whervnto when thomas becket archbishop of canterbury , that was legatus-natus would not yeeld : the king sent messengers to rome presently saith houeden , to wit , iohn ●●●●ford & geffrey ridell , to desire of pope alexander , that he would make his extraordinary legat in england , roger archbishop of yorke , an old emulator and enemy of s. thomas . but the pope perceiuing his drifte , which was to oppresse the said archbishop of canterbury , denyed the kings petition in this behalfe , though at the request of the kings said messengers , consessit dominus papa , vt rexipse legatus esset totius angliae , it a tamen , quod ipse nullum grauamen facere posset cantuariensi archiepiscopo . the pope graunted that k. henry himself should be his legat ouer all england ; but yet so , as he should not be able , to lay any aggreiuaunce vpon the archbishop of canterbury : that is to say , should not preiudicate his ordinary iurisdiction , or haue any authority ouer him . which point the king perceiuing , and that his whole intent of oppressing the said archbishop was heerby preuented , he would not , through indignation ( saith our author ) accept of the said legation , but sent back the popes letters of that commission to him againe . wherby you see , that he refused the said office , for that he thought the iurisdiction giuen him , was lesse then he would haue had , and not for that he did not acknowledge the whole to be in the pope , and nothing in himself , as from the right of his crowne . . but to abbridge this matter , concerning his contention with s. thomas , wherof afterward he sore repented himself , as you will heare ; though he entred into the same with great heat and resolution , to goe through therin by his power and authority with the pope : yet when he saw the said pope to mislike his proceedings , and to stand constant against him , he amayned and and humbled himself presently , and this in respect of his conscience and feare of god , as himself caused to be written by his bishops to the said pope alexander . for there is extant in houeden a large epistle of all the bishops suffragans of canterbury , that were subiects to thomas the archbishop , written vnto pope alexander in the kings name , of his prompt obedience towards him , and the sea of rome in all things , saying : ad vestra quidem mandata non itatus intumuit , non elatus obedire contempsit , verum gratias agens paterna correctioni , ecclesia se statim submisit examini . when the king receiued your commaundements , he did not swell with anger , nor proudly contemned to obey , but giuing thankes for your fatherly correction , did presently submit himself to the examination of the church . and againe . ipse diuini reuerentia timoris , 〈◊〉 maiestatempreferens , sed vt filius obediens , se iudicio sistere , legitimaeque parere sententiae , seque legibus alligatum prinscipem , praesto est in omnibus exhibere . he for reuerence and respect of the fear of god , did not prefer the maiesty of his kingly state , but as an obedient sonne , is ready in all things , to stand to iudgement , and to obey lawfull sentence , acknowledging himself , though he be a prince , to be bound to the lawes of the church . . this then , was his disposition of mind in this behalfe , which he presently shewed in fact , by sending a most honorable embassage to the pope , to wit , the archbishop of yorke , & bishops of vvinchester , london , chichester and excester , with the earles , arundell , the gundauell de sancto valerico , and many others both gentlemen and clarks . and as houeden affirmeth ; appellauit pro se & regno suo , ad praesentiam summi pontificis ; he appealed for himself and for his kingdome to the pre●ence of the pope ; desiring that two legats might be sent into england to iudge of the cause , between him & the archbishop . and soone after when the archbishop , vpon pacification made was returned , and within a few moneths after wikedly slaine in his owne church of canterbury ; the same pope alexander taking vpon him , as lawfull iudge , to examine & punish the fact vpon the person of k. henry himself , sent two cardinall-legats for that purpose into normandy , named graetianus & viuianus , as houeden at large setteth downe the history . wherof k. henry being aduertised , that was present then in those partes beyond the seas , and fearing the euent , ad praesentiam summi pontifi●● appellauit , appealed againe ( as once he had done before ) to the presence of the pope himself from his said legats . wherby we see that he graunted & acknowledged the popes authority ouer him in that matter . and the same writer addeth in the same place , that the said king fearing also ( notwithstanding his appeale ) the seuerity of the sea apostolicke in this case , passed ouer presently into england , giuing straite order and commaundment , that no man should be permitted to enter with any bull or bre●● of the pope of what sorte soeuer , except first he gaue caution & security , that he would thereby bring no hurte or greiuaunce to the king or kingdome . . but after this againe ( to omit many other things and iu●d●dicall acts , which passed in this affaire , set downe by the said houeden , and other authors of that time ) two other cardinall-●●gats , theodinus and albertus were finally directed from the said pope alexander into normandy , to giue the last sentence vpon the matter . vnto whome k. henry being then in ireland , and cited to appeere came purposely to present himself in person , which notably signifieth his obedience . and there by his oath he purged himself , swearing first , that his intention was neuer to procure the said archbishops death , and secondly promising diuers things by the same oath , to be performed in satisfaction of his fault , in hauing giuen some occasion therof by angry words against the same archbishop thomas . all which is set downe in the said author vnder this title , recorded likewise by peter blesensis . purgatio henrici regis pro morte beati thomae . the purgation or satisfaction of k. henry for the death of s. thomas ; & therevpon ensueth . charta absolutionis domini regis . the charter of absolution of our lord the king by the said legats in the popes name . . and amongst other six or seauen points , whervnto the king sware at this time , one is set downe in these words . he sware also , that he would neither let , nor permit to be letted , any appellations to be made in his kingdome , to the bishop of rome in ecclesiasticall causes , with this condition , that if any that doe appeale be suspected to the king , they should giue security , that they would not seeke , or procure any hurte to him or his kingdome . and so was that controuersie ended , and the lawes abolished , which the king would haue established against the liberty of the church . wherby we se cleerly what persuasion k. henry had of the popes supreame authority in ecclesiasticall affaires , and his loyall obedience thervnto ; which is so much the more to be esteemed , if we consider the circumstances of the tyme wherin he exhibited the same , which was such , as he might easily haue declined himself ( if he would ) from the force of pope alexander his authority , that pressed him so much , by adhering to some one of his enemyes the antipopes , that by faction of a few were chosen & set vp against him , three or foure one after another , naming themselues , victor the . calixtus the . and pascalis the . and held out against him , for more then . years togeather , by the power and peruersity of fredericus barba-rossa the first emperour of that name , who often also allured k. henry to be partaker of his schisme , but he refused , followinge heerin his catholicke auncestors vvilliam the conquerour , that stood constantly with the true popes of his tyme , alexander the . and gregory the . against those that by sedition of henry the . emperour , were set vp against them , to wit cadolus , calling himself honorius the . and gilbertus , that was named clement the . k. henry also the first obaied the true popes of his tyme , paschalis the . g●lasius the . calixtus the . honorius the . & innocentius the . against six schismaticall intruders , calling themselues , clement the . syluester the . gregory the . celestinus the . anacletus the . victor the . all set vp & maintained by the german emperours henry the . and fifth , and by lotharius the . after them . but our kings of england obayed allwayes their true and lawfull pastors of gods church , and were highly commended for it . and now k. henry the . followed their vertues , wisedome , religion , and magnanimity in that behalfe ; and found ( no doubt ) his reward in the life to come for it . and so much of this . . but now to passe to another consideration about the same king , it seemeth to me , that nothing sheweth more this king● true affection , deuotion , and confidence towards the pope and sea of rome , then his owne recourse thervnto in his greatest affliction before mentioned , of the conspiracy of his wife and children against him . for then he wrote a very lamentable letter vnto pope alexander , beginning thus . sanctissimo domino suo alexandre , dei gratia catholicae ecclesia summo pontifici , henricus rex angliae , &c. salutem & deuotae subiectionis obsequium . in which letter , among other things , he saith thus : vbipleniorem voluptatem contulerat mihi domm●● , ibi grauius me flagellat , & quod sine lachrymis non dico , contra sanguine●●●eum & viscera mea , cogor odium mortale concipere , &c. where god hath giuen me greatest pleasure and contentment , there doth he most whip me now , and that which without teares i doe not speake vnto you , i am constrained to conceiue mortall hatred against my owne bloud , and my owne bowels . my freinds haue left me , and those of myne owne house doe seeke my life , & this secret coniuration ( of my wife and children ) hath so intoxicated the minds of all my most familiar freinds , as they prefer their traiterous obedience to my sonne , and would rather beg with him , then raigne with me , and enjoy most ample dignities , &c. abse●● corpore , presens tamen animo , me vestris aduolno genibus : i being absent in body , but present in mynd with you , doe cast my self at your knees : vestrae iurisdictionis est regnum angliae , &c. experiatur anglia , quid possit romanus pontifex . the kingdome of england is vnder your iurisdiction . let england learne by experience , what the bishop of rome can doe . promitto me dispositioni vestra in omnibus pariturum . i doe promise to obay your disposition in all hings . . thus he wrote at that tyme with teares , as you haue heard , wherewith pope alexander being greatly moued , sent commaundement to richard archbishop of canterbury , to write earnestly vnto k. henry the sonne , to recall him from his rebellion vnder paine of excommunication , as before we haue shewed . and this confident recourse of k. henry to the pope in so great an affaire , declareth well the opinion he had of his authority . and conforme vnto this , were all the rest of his actions and doings , concerning ecclesiasticall iurisdiction , when he was out of passion and perturbation , acknowledging none at all in himself , but only from the sea apostolike . and heervpon he fouuded the security of all his hopes , by his first marriage with the queen eleanor , as hath byn said , whose diuorce from king lewes was vpon the popes sentence , declaringe the same to be inualide and no marriage at all , by reason that they were married within degrees of consanguinity prohibited by the church . . and soone after this againe , about the . yeare of his raigne the same king ( as stow relateth ) procured dispensation of the said pope by his legat-cardinalls , henricus pisanus , and gulielmus papionensis , to make a marriage between henry his eldest sonne of seauen years old , and margaret the french kings daughter , that was yet but of three years old , which he would not haue done by all likelihood , with so manifest perill of his whole succession therby , if he had either doubted of the popes authority therin , or presumed of his owne . . and not many years after this againe , the said king being very desirous to remoue from the church of vvaltam in essex certaine secular chanons , that liued not with edification , and to place in their roome regular chanons , presumed not to doe it of himself , or his owne authority ( which yet might seeme a small matter ) but by the authority of the pope . rex ( saith houeden ) ex authoritate domini papae instituit in ecclesia de vvaltham canonicos regulares . the king did appoint regular chanons in the church of vvaltham , by the authority of the pope . and the same doth testifie vvalsingham vpon the yeare . that it was done in the vigil of penticost : authoritate summi pontificis sub praesentia regis . by the authority of the bishop of rome , the king being present at the doing . . and the same vvalsingham two years after that againe , doth record another iudiciall act of the said pope alexander in england , which is , that he exempted from the obedience of the archbishop of canterbury , roger , that was prior of the monastery of s. augustine in the same citty , which had byn subiect to him ( saith he ) for fiue hundred years before . and it is probable , that neither the king , nor archbishop did like thereof , but could not let the same . . and finally to goe no further in this matter , of this kings obedience and deuotion towards the church , when he was out of choller and passion , and free from such other perturbations , as did draw him strōgly oftentimes to the doing of certaine things , which after he repented ; i shall end with one shorte narration only of the foresaid vvalsingham , or a strange extremity and aduersity of fortune , from which god deliuered him at one tyme , by means of his deuout mynd towards the blessed martyr s. thomas of canterbury , vpon the year . which was three yeares after his said martyrdome , at what time the kings state was this , as partly before you haue heard . lewys king of france cōioyning himself with henry the third king of england , and the rest of his brethren against their father , pressed him sore with great armies in normandy , and other partes of his dominions in france . and at the very same time , his wife queen eleanor in england conspiring with her said sonnes , incited by her example many other princes and noblemen to doe the like , who raised diuers rebellions . and besides all the rest , vvilliam king of scotland came in with a great army on the north-side , and philip earle of flaunders was entered with another on the south-side . at which time k. henry seeing himself in these straites , and not well knowing what to doe , yet resolued at the length to passe from normandy into england , and first to succour the principall parte . but being on the sea , there arose such a tempest , as seing himself in great daunger , erectis in caelum luminibus ( saith vvalsingham ) lifting vp his eyes to heauen he desired god , that saw his intention , to be mercifull vnto him , as his meaning and purpose was to seeke the peace both of the clergy & people of england , &c. and god ( saith our author ) admitted presently the prayer of this our humbled king , and brought him safe to hampton-port with all his people ; who from that day forward , giuing himself to pennaunce , vsed ( saith he ) a very thinne diet , to wit , bread and water only , and casting of all temporall cares , nor entring into any one citty , as he went by the way , neuer ceased vntill he came to canterbury ; where the glorious body of thomas the martyr lay , where with abundance of teares and sighes , going bare-foote , and casting himself prostrate on the ground , he did demaund pardon and mercie ; humbly beseeching first , that the bishops there present would absolue him , and then that euery religious man would giue him three , or fiue strokes of a discipline ( or whip ) on his bare flesh ; & then putting one his apparell againe , which in all their presence he had put of , he rose from the ground , and then gaue precious gifts to the said martyr and his sepulcher ; and among other forty pounds by the yeare of perpetuall rent for maintenance of lights at the said sepulcher , and so giuing himself to waching , fasting , & prayer for three dayes togeather , it is not to be doubted ( saith he ) but that the said martyr being pleased with his repentaunce and deuotion , god also ( by his intercession ) tooke away the kings sinne . so vvalsingham . . and presently in token heerof he saith , that the verie same day , wherin the king was most deuout in humbling ●imself and kissing the said martyrs tombe in canterbury , god deliuered into his hands vvilliam king of scotland , who was taken prisoner by his captaines : and that vpon the same day also , his rebellious sonne k. henry the . hauing taken shipping to come with a great nauye into england against him , was driuen back by tempest ; the king himself going to london was receiued with extraordinary ioy of al his people , by whose help he soone pacified and conquered all his rebells , and thence going presently ouer into normandy with a great armie , and leading prisoner with him , the foresaid k. of scotland , with diuers other enemies fallen into his hands , hee so terrified the king of france , and other his confederates that beseiged the cittie of roane , as they retired presentlie ; and his sonnes henry , richard , & geffrey so humbled themselues vnto him , as they were reconciled , and receiued to grace againe ; all comming home togeather in one shipp ( saith vvalsingham ) whom a little before it seemed , that the wide world could not containe . . and this was the effect of k. henries deuotion at that time , which petrus blesen●is also that was most inward with him , doth ●estifie & recoūt at large in an epistle to his freind the archbish. of palermo in sicilie , wherin hee affirmeth not onlie that k. henry assured himself , that hee had all these good successes by intercession of the said holy martyr s. thomas , but moreouer , that hee tooke him for his speciall patron in all his aduersities . illud quoq●● noueritis ( saith he ) dominum regem gloriosum martyrem in omnibus angustijs suis patronum habere praecipuum . this also you must know , that my lord the king doth hold the glorious martyr s. thomas for his cheife patrone in all his straites and necessities : and the same you may read in nubergensis , that liued at the same time , though not so intrinsecall with the king as the other . and this passed at that tyme , though afterward he committing his said q eleanor to prison , for diuers years before his death , and continuing his loose life with other women ( as hath byn said ) god for punishment , permitted , that albeit two of his sonnes henry and geffrey died before him ; yet the other two remaining , richard and iohn , and falling from him againe , did so afflict and presse him , as they brought him to that desolate end , which before hath byn mentioned . though some other doe ascribe the cause heerof , not so much to his loose life , as to his irreuerent dealing sometymes in church-matters . for so two bishops , that were his embassadours wrote vnto him in confidence , as petrus blesensis doth testify , saying : non est quod magis hostes vestros incitat ad conflictum , quam quod arbitrantur vos ecclesia dei minus extitisse deuotum . there is nothing , that doth more stir vp , or animate your enemyes to fight against you , then for that they persuade themselues , that you haue sometymes shewed your self lesse deuout towards the church of god. and thus much of k. henry . of the raigne of k. richard the first , the sixt king after the conquest . §. ii. for that we haue byn somewhat large in the life of k. henry the father , we meane to be breefer ( if it may be ) in his children , who were only two that seruiued him , and raigned after him , to wit richard , & iohn ; for that the two other henry , that was crowned and named by him k. henry , and geffrey duke of brittany , after their many tumultuations , conspiracies & disobediences against their said father , died in his life tyme ; and of these two that liued , he had little comforte , as before you haue heard . . and yet proued this richard no very euill king afterward , for the space of ten years that he raigned , though vnfortunate , both in warre and peace ; which men ascribe ( in great parte ) to the demerit of his owne disobedience against his said father . for punishment wherof both his owne brother iohn conspired often against him , and k. philip of france hir colleage and confederate , brake his faith with him , and the duke of austria persidiously tooke and held him prisoner in his returne from ierusalem , and henry the emperour laid him in fetters , and many other miseries followed , and fell vpon him , vntill at length he was disasterously slaine by a poisoned arrow , shot out of a castle against him , as our histories doe testifie . . but as for his religion , it was all wayes truly catholicke , & in no point different from that of all christendome in his dayes . and particularly in that which appertaineth to our controuersy , he was most obedient & deuout to the spiritual authority of the sea apostolicke in all his actions : which i may proue by the authority of a whole synod of the archbishop of roane , and all his bishops writing to pope celestinus the third , in recomendatiō of his cause when he was captiue , sayinge : christianissimus princeps rex angliae , illustrissimus dominus noster , & deuotissimus ecclesia romanae filius , quem specialiter in suam protectionem susceperat in sua peregrinatione , &c. the most christian prince richard king of england , and our most honorable lord , and most deuout sonne of the romaine church , whome the said church had specially taken into her protection in his iourney to ierusalem , is now vniustly detained , &c. . but if this testimony were not , yet all his other life and actions , as hath byn said , doe sufficiently testifie the same . for first , to goe in order , and name some few of many , it is registred by houeden that liued at that tyme , and was present perhaps at his coronation , how religiously and humbly he receiued the same , at the hands of the archbishop and clergy , not calling himself king ; but duke only , vntill he was crowned . cum autem dux ( saith he ) ad altare veniret , &c. when the duke came before the altar , in presence of the archbishops , bishops , clergie , and people , he first fell downe on his knees before the said altar , where we●● laid open the holy ghospells , aud the reliques of many saints , according to the custome , and there he sware that all the dayes of his life , he would maintaine peace , honour , & reuerence to the holy church , and all those that were ordained by the same . he sware also to maintaine good iustice and equitie to the people , to take away euill lawes and customes , and to make good , &c. so houeden . . and not many monethes after this , being called vpon , and intreated by pope clement the . to make hast in his preparations , for succouring of ierusalem , which was now taken and held by saladinus the great prince of the saracens ; the said pope sent soone after a speciall legat into england , named cardinall iohn anagnanus , as well to hasten that iourney , and the iourney of k. philip of france that was to goe in his compaine , as also to end certaine controuersies betweene baldwin archbishop of canterbury , that was to goe with the king in his vioage , and geffrey the kings base brother nominated archbishop of yorke , & commended by the king ( but not yet admitted hitherto by the sea apostolike ) and other bishops and principall persons . and when they were all met at canterbury togeather , the king taking order and disposing many things , for the quiet and safty of his kingdomes in his absence , which are set downe at large by the said houeden , nubergensis , mathew paris , and other authors ; he thence began his iourney in the moneth of december , and first yeare of his raigne . . but before this , as hath byn said , he did dispose of many things : as namely the setting at liberty of his mother q. eleanor , that had byn longe in prison in his fathers dayes , restoring her to all former honours , and far greater then euer she had before , assigning to her the dowries , both of q. maude wife of k. henry the first , and of alyce wife of k. stephen , and of the other maude the empresse mother of k. henry the second . and to his brother iohn earle of morton , besides all other states and titles he had before , he gaue foure earl-domes more , to gaine him withall and hold him content , to wit , of cornwall , deuonshyre , dorcet and somerset : but yet left to none of them the gouernment of his realme , but to two bishops to wit , hugh bishop of durham , for the north-partes , and to vvilliam bishop of ely , for the whole body of the realme , making him his chauncellour and supreme iudge , and praying pope clement for his more authority , to make him also his legat à latere , and to take into his protection the whole realme , and so he did : whereby appeareth what opinion k. richard had of the sea apostolikes authority in his dayes . . but the same appeareth yet more , by the many appellations that were made in the kings owne presence , at the forsaid meeting at canterbury vnto the pope himself . for first baldwin archbishop of canterbury ( who , as i say , was to goe with k. richard in his said iourney of ierusalem ) appealed against the foresaid geffrey , the kings brother , nominated by the king to the archbishoprick of yorke : appellauit ad dominum papam ( saith houeden ) coram rege , & vniuersis episcopis , & clero . he appealed to the pope , in presence of the king , and all the bishops and clergy . one hammon also chaunter of the same church of yorke , receiuing letters from k. richard , to install one buchard in the dignity of treasurer of the said church , according as he was elected : noluit mandatis regis obedire ( saith houeden ) sed super hoc ad sedem apostolicam appellauit . he would not obey the kings commaundement in this point , but appealed in the controuersie to the sea apostolike : which king richard did no wayes let or deny . and againe in the same place , the king hauing giuen the deanry of yorke to one henry , brother to the lord marshall of england , commended the man for his installing , to the archbishop of yorke ; but he refusing said , that he could not doe it : donec electio eius confirmata esset à summo pontifice : vntill his election were confirmed by the bishop of rome . which answere the king tooke in good part , and therby well declared , what his opinion was of his owne ecclesiasticall authority , as also of the popes . . moreouer saith the same author : richardus rex angliae , missis nuncijs suis ad clementem papam , obtinuit ab eo literas patentes , &c. this richard king of england sending his messengers to pope clement , obtained letters patents of him , that whosoeuer he should send vnto any townes , lands or lordships of his , to keep , and defend the same in his absence , should be free from all oath , vow , or other obligation of going the voiage to ierusalem : vnde , ipse sibi inastimabilem acquisiuit pecuniam . wherby he procured to himself an inestimable summe of money . . and this before the kings departure from england ; but being entred into the iourney , and arriued in the kingdome of sicilie , he there marryed his new wife berengaria , daughter to the king of nauarre , conducted thither by sea , by q. eleanor his mother ; who after foure daies stay only in the porte of messina , was 〈◊〉 by her sonne , to returne to england by land , taking rome in he● way , to the end she might in his name , intreat the pope to admit for archbishop of yorke his foresaid brother geffrey , whome he had presented and nominated . per illam mandauit rex angliae summ● pontisici ( saith houeden ) & humiliter postulauit , vt ipse electionem prodicti gaufredi confirmaret . king richard of england did send by his said mother , to the pope , and humbly besought him , that he would confirme the election of the foresaid geffrey to be archbishop of yorke . which labour of going to rome , it is like that he would neuer haue put his mother vnto , nor yet haue vsed so much humility of intreatinge the pope , if he had thought his owne ecclesiasticall authority to haue byn sufficient , as well for inuesting him , as for his nomination and presentation . . and moreouer , when the said king had ended a certaine controuersie in the same porte & citty of messina , with tancredra king of that iland ; he gaue account of all by a large letter , vnto the said pope clement , as to his deerest father . beatissimo patri clements , dei gratia sanctae sedis apostolica summo pontifici : richardus eadem gratia rex angliae , sincerae in domino deuotionis affectum . and then presently he beginneth his epistle thus . iustiorem exitum facta principum sortiuntur , cum à sede apostolica robur & fauorem accipiunt , & sancta romanae ecclesiae colloquio diriguntur , &c. the acts of princes doe come to best end , when they receiue strength and fauour from the sea apostolicke , and are directed by the conference or communication of the church of rome . and therefore we haue thought it conuenient to let your holines vnderstand , what agreements haue byn made these dayes publikely , betweene the excellent lord tancred king of sicilie , and vs. and then after recitall of all particularityes , he endeth thus : testibus nobisipsis , vndecimo die nouembris apud messanam . we our selues being witnesse of this agreement , the eleuenth day of nouember at messina . . but when k. richard soone after , departing thence was arriued in asia , and had begun most prosperously his warrs against the infidels , the deuill enuying his good successe , stirred vp first seditiō in england , by means of iohn the kings brother , who perceiuing diuers to enuy the greatnes of the bishop of ely , left gouernour by the king , and some bishops also to be in faction against him , began to make great stirs . and on the otherside , the same enemy of mankind castinge ielousies betweene k. philip of france , and the said king richard , did seperate them at last ; whervpon ensued the returne of the said king philip , with intention to inuade king richards dominions , and to set vp his brother iohn in his place , as the sequele declareth . . but pope celestinus the . that had succeeded in the place of pope clement lately deceased , vnderstanding of the former conspiracie , and faction against the bishop of ely in england , wrote a vehement letter against the same , to all the archbishops , bishops , and clergie of england , saying among the rest . cum dilectus in christo filius noster richardus , &c. wheras our deerly-beloued sōne in christ richard , noble king of england , when he resolued by taking vpon him the signe of the holy crosse of christ , to reuenge the iniury of his redeemer in the holie land , left the tutele and care of his kingdome , vnder the protection of the sea apostolicke , we that haue succeeded in that sea , haue so much the more obligation to cōserue the state of the said kingdome , the rights and honours of the same ; by how much greater confidence he placed in our protection : and thervpon hath exposed his person , riches , and people , to greater perils for exaltation of holy christian religion , &c. wherfore vnderstanding of certaine troubles , lately moued by iohn earle of morton , and certaine others combined with him , against your honourable father vvilliam bishop of ely , legat of the sea apostolicke , and gouernour of your realme . vniuersitati vestrae per apostolica scripta mandamus , & in virtute obedientiae praecipimus , &c. we doe by these apostolicke writings , giue commaundement to your whole community & realme , and charge the same in the vertue of obedience , that all men surcease from like practise of conspiration , turmoyle , or faction , &c. giuen at our pallace of lateran , the . day before the nones of december , in the first yeare of our popedome . and by this you may see what authority he tooke himself to haue ouer all england , and bishops and princes therof at that day . . the which is yet more declared , by that which soone after ensued ; for that the foresaid earle iohn , and other lords and bishops combininge themselues with him , hauinge proceeded yet further in that quarrell , & by cōmon consent of all the realme ( as it seemed ) depriued the said bishop of ely of his office of gouernour , imprisoned him , and driuen him out of england , and elected in his roome , vvalter archbishop of roane , for gouernour of the realme , they were no lesse carefull to send presently to excuse , & iustifie the matter vnto pope celestinus , then they 〈◊〉 to the king himself for his satisfaction . all which appeareth by a large letter written from rome to the said archbishop by his agents , that were there , who aduertized him , how euill the matter was taken by the said pope celestinus . dominus papa ( say they ) in restri depressione negotij , plurima indignanter , & cum amaritud●ne proponebat , &c. the pope did propose very many things with indignation , and amaritude of mind to the depression of your affaire ; iterating many tymes , that he knew the great affection & confidence of the king of england towards his chauncelour and gouernour the bishop of ely , and that he had seen many letters of the said king in his commendation , but none against him ; & that at his earnest instance , the sea apostolike had made him also legat à latere . and that finally , he absolued him from the sentence of excommunication , which the said archbishop of ro●● had laid vpon him ; and for the rest , he would expect the kings inclination , who being soone after taken prisoner in germany , sent presently for the said chauncellour to come vnto him ; and made great vse of him , for he was not only his interpreter betweene the emperour and him , and other princes , but he sent him also into england , not as chauncellour or gouernour , but as bishop of ely , to lay the plot for his ransome . . and i might recount many other examples of the same iurisdiction , exercised in england by the same pope without contradiction of any man , in the absence of the said king , though earle iohn the kings brother was present , and very potent amōg them , and no great freind to the pope , as by the former letter may be imagined ; and who finally did driue out of england the said bishop of ely , but yet neuer obiected , or put doubt in the popes authority , about any ecclesiasticall matter that there fell out . as for example vpon the yeare . which was the very next after the kings departure , nubergensis liuinge at that time , recounteth , how geffrey the kings base brother , hauing byn longe beyond the seas , suing at rome to be admitted to the archbishopricke of yorke , and to haue his pall , which pope cleme●● would not graunt for diuers obiections , and appealles made against him , as well by baldwyn archbishop of canterbury ( as you haue heard ) as also by others , and namely the bishop of ely that was gouernour of the land , being much against him : yet now vpon king richards commendation , and his owne many 〈◊〉 promises , pope celestinus so much fauoured him ( saith nubergensis ) as he gaue him his pall before he was consecrated , and sent him to be consecrated by the archbishop of towers in france , commaunding him , vt ei , non obstante vel appellatione , vel occasione qualibet , manus imponeret , that he should , by imposition of hands , cōsecrate him , notwithstanding any appellation , or other occasion whatsoeuer to the contrary . and so he did : and he came into england , and tooke possession of the said archbishopricke , and enioyed the same by this authority of consecration and inuestiture from pope celestinus , notwithstanding all the contradiction and opposition of his potent aduersaryes , as in the same author at large is set downe . . and when not longe after this againe , the said archbishop geffrey requiring canonicall profession of obedience to be made to him , and his sea , accordinge to custome , at the hands of hugh bishop of durham , who had purchased before of king richard , an earl-dome to be annexed to his said bishopricke ; and that the said hugh refusing to doe the same , vpō pretence of many causes , appealed therein to the sea of rome ; the archbishop not admitting the same appeale , pronounced notwithstanding sentence of excommunication against him : celestinus the pope not only reuoked the said sentence , but exempted moreouer the said bishop & bishopricke , from the obedience of the said archbishop and archbishopricke of yorke , as the same author relateth . so as in this he shewed his authority in england . . but now let vs passe to k. richard himself , who being valiantly occupied in the warres against the infidels and enemies of god in asia , had many crosses fell vpon him : first , the falling out and departure of k. philip of france from that warre , as you haue heard ; who returning into france , began to treat presently with earle iohn , to trouble the peace of his brothers territoryes ; and the principall point that combined these two togeather against king richard , besides the enuy of the one , and ambition of the other , was , that both of them were afraid least prince arthure earle of brittany , sonne to geffrey , iohns elder brother , should succeed in the kingdome of england , if any thing should happen to king richard : ( and so the bishop of ely had giuen out , that king richard himself had written from sicily ) which point was much feared , as preiudiciall to them both . whervpon they made a fast league , and began on both sides of the sea to trouble the state ; which when k. richard vnderstood , and that pope celestin●● 〈◊〉 his letters , and other diligence could not stay them , and that 〈◊〉 grew into sedition at home by partes-takinge , he was forced sorely to his greife , and to the publicke lamentation of all christendome to leaue that warre , and to abandon the victorie , that was euen now almost in his hand , if he had stayed , as the euent also shewed ; for that soone after dyed the saladine , by whose death , there was no doubt , but that king richard had recouered ierusalem . . but he returning for defence of his owne countrey , fel into great misery . for being taken , as hath byn said , by duke leopold of austria , vpon pretence of certaine iniuries receiued from him & his people in the warres of asia , he was deteined by him , and by the emperour henry the . more then fifteen moneths prisoner , and forced to paie in the end , aboue two hundred thousand markes for his ransome , partly in present money , and partly in pawnes and pledges left for the same ; and so after foure yeares absence , the said king returned . . but in this tyme of his captiuity , his chiefest comforte and refuge was in the assistance of the said pope celestinus , as may well appeare by the sundry letters of many , written vnto the said pope in his behalfe ; but especially and aboue others , of the afflicted lady and queen his mother eleanor , who wrote three large letters vnto him , by the pen of petrus blesensis archdeacon then of london , that had byn secretary to her husbād k. henry the second : and she beginneth one , saying thus : sanè non multum ab insania differt dolor : sorrow truly doth not much differ from madnes : and then . gentes diuulsae , populi lacerati , prouinciae desolatae in spiritu contrito & humiliato supplicant tibi , quem constituit deus super gentes & regna in omni plenitudine potestatis . these nations heer deuided in their owne bowels , ( by absence of their prince ) this people torne and broken in themselues , these desolate prouinces doe in a contrite and humbled spirit make supplication to you , whom god hath placed ouer nations and kingdomes in all fullnesse of power . and then againe . moueat te ( summe pontifex ) etsi non huius peccatricis infalicissimae dolor , saltem clamor pauperum , compeditorum gemitu● , interfectorum sanguis , ecclesiarum spoliatio , & generalis denique pressura sanctorum . be you moued ( ô high priest ) if not with the sorrow of mee , a most vnfortunate sinner , yet with the cry of poore men , with the groanes of them that are in fetters , with the bloud of them that are heere slaine , with the spoyling of churches therof ensuing , and with the generall oppression of all holy people . and yet further : duo filij mihi supererant ad solatium , qui bodie ( mihi misera & damnatae ) supersunt ad supplicium . rex richardus tenetur in vinculis , iohannes frater ipsius regnum captiui depopulatur ferro & vastat incendijs . two only children of many remained vnto me for my comforte , which now are vnto me ( most miserable and damned woman ) become a torment . king richard is held captiue in chaines , and iohn his brother doth spoile by sword and fire , the said captiues kingdomes , and dominions . . this and much more to the same lamentable effect , wrote this afflicted mother vnto pope celestinus in those dayes , requesting him by ecclesiasticall censures , to compell both the emperour and duke of austria , to set her sonne the king at liberty . and to this effect hath she many vehement speaches & exhortations vnto him ; as for example . nonne petro apostolo ( saith she ) & in eo vobis , à deo , omne regnum , omnisque potestas regenda committitur ? benedictus autem dominus , qui talem potestatem dedit hominibus : non rex , non imperator , aut dux à iugo vestrae iurisdictionis eximitur . vbi est ergo zelus phinees ? vbi est authoritas petri , &c. were not all kingdomes , and was not all power and gouernment committed by god vnto peter the apostle , and in him to you ? blessed be our lord , that gaue such authority vnto men : no king , no emperour , no duke is exempted from the yoke of your iurisdiction . and where is then the zeale of phinees ? where is the authority of peter , &c. . and againe in another epistle . illud restat , vt exeratis in malesicos ( pater ) gladium petri , quem ad hoc constituit deus super gentes & regna . christi crux antecellit caesaris aquilas , gladius petri gladio constantini , & apostolica sedes praeiudicat imperatoria potestati . vestra potestas à deo est , an ab hominibus ? nonne deus deorum locutus est vobis in petro apostolo di cens , quodcunque ligaueris super terram , erit ligatum & in caelis ; & quodcunque solueris super terram , erit solutum & in caelis ? quare ergò tanto temporetam negligenter , immò tam crudeliter filium meum soluere defertis , aut potius non audetis ? sed dicetis hanc potestatem vobis in animabus , non in corporibus fuisse commissam . esto : certè sufficit nobis , si eorum ligaueritis animas , qui filium meum ligatum in carcere tenent . filium meum soluere robis in expedito est ; dummodo humanum timorem dei timor euacuet . this only remaineth ( ô father ) that you draw forth the sword of peter against malefactors , which sword god hath appointed to be ouer nations and kingdomes . the crosse of christ doth excell the eagles that are in cesars banners , the spirituall sword of ●●ter is of more power then was the temporall sword of constantine the emperour , and the sea apostolicke is more potent then any imperiall power or authority . and i would aske whether your power be of god , or frō men ? did not the god of gods speak● to you in peter the apostle , sayinge : vvhatsoeuer you shall bynd vpon earth , shall be bound in heauen , and whatsoeuer you shall loose vpon earth shall be loosed in heauen ? and why then doe you so negligently , yea cruelly , delay for so longe time to loose my sonne ? or rather why dare you not to doe it ? perhaps you will say , that this power giuen you by god ( of binding and loosing ) is for soules , and not for bodies . let it be so . truely it is sufficient for vs , if you would bind the soules of those , that hold my sonnes body bound in prison . and finally i know , that it lyeth in your power to loose my sonne , if the feare of god may euacuate in you the feare of man. . thus wrote this afflicted queene vnto celestinus the pope ; and the same wrote diuers other great personages at the same tyme , as may be seen in the said petrus blesensis : and among others , the foresaid gualterus archbishop of roane and gouernour of england , a man of great authority , learning and wisedome , who after many reasons concludeth his epistle thus . exerat ergo beati petri gladium manus vestra ( clementissime pater ) quid & quantum tanto filis debeatis , exhibeatis in opere , vt experientia mediante , addiscant minores & inferiores filij , quantum à ●obis auxilium in suis necessitatibus debeant expectare . let your hand then ( most clement father ) draw forth the sword of peter , and doe you shew by workes , how much you owe vnto so greate a child , ( as is k. richard ) so as by experienc● , your lesser and lower children may learne , how much help they may expect from you in their necessityes . so he . . and by this may appeare , what opinion men had in those dayes of the popes authority : and let the reader heer marke , as also m. attorney , how vsuall a phrase it was at that tyme , to name two distinct swords , the one of constantine , the other of peter ; th● one temporall ouer bodies , the other spirituall ouer soules ; and th●● the later was the greater and higher . which was the speach also and phrase of king edgar before the conquest , and of the conquerour himself in his lawes ( if you remember ) & is now heer vsed againe , and so was euer after , vntill king henry the . as by this our deduction will appeare . and only this phrase of speach , and common beleife of all our kings and countrey from time to time , that there were two distinct swords or powers , one temporall in the prince , and the other spirituall in the pope , is sufficient to ouerthrow m. attorneys whole booke , though nothing els were said to it besides , the purporte therof being ( as hath byn seen ) to proue , that either no such distinction of swordes & powers is to be admitted , or that both are equally in the temporall prince , and so vsed and exercised by our auncient kings of england . . but now you see the vanity ( in truth ) & absurdity of that paradox refuted by all this heer set downe , concerning k. richard : and many examples more might be alleadged during his raigne , after his returne againe to england , who meaning to euacuate the alienation of many thinges solde , lent , or empawned before , for his going to ierusalem , caused himself to bee crowned againe in vvinchester ; reducing all thinges to a new order , and among others he set downe , capitula placitorum corona regis . the heads or cheife braunches of pleas , that belong to the kings crowne , or courts : wherein nothing at all is conteyned concerning ecclesiasticall affaires , but only de aduocationibus ecclesiarum , quae sunt de donatione regis : of the aduowsons of such churches , as are of the kings gift ; that is to say , wherof he had ius patronatus . which is a small spirituall iurisdiction , if we consider it well , and may be in any secular man whatsoeuer , that buyldeth or foundeth a church . and matthaeus parisiensis speaking of the church of normandy vnder k. richard , commendeth him highly for deliuering the said church de longo seruitutis iugo , from a long yoke of seruitude , which secular men by little and little had brought in vpon her vnder other kings and dukes , by often drawing clergie-men to secular iudges and tribunals , inuadinge their goods , restraining their liberties , breaking their priuiledges , and the like . all which the said author saith ; ipso glorioso rege richardo annuente , & omnia disponente , emendata sunt : were amended by the consent of glorious king richard , who disposed all things himself , to the restitution of the ancient liberties , & freedome of the said church of normandie . . it were ouer long to run ouer many other examples , which might be alleadged to this effect for proofe of king richards true catholicke deuotiō towards the church ; as also of his acknowledgement and obedience to the authority of the sea of rome , in all ecclesiasticall affaires , during his life and raigne . there are . or . epistles exstant in houeden , written to diuers parties by celestinus the pope , which he wrote one soone after another , concerning the forenamed geffrey archbishop of yorke , citing him to rome to answere to certaine accusations , laid against him by his chanons and others , accusing him among other things . quod ●enationibus & aucupio totius animi studium applicabat ; that he applied his whole mind hunting and hauking . and againe ; de inhonesta vita , & invtili conuersatione : they accused him of dishonest life , and vnprofitable conuersation . for which though he were the kings brother ; yet not making his appearance in rome , nor lending his lawfull defence or purgation thither , he was suspended by the said popes bull : and the king was so far of , from taking it euill , or defending him , as he caused the lands and possessions of his bishopricke to be seased on . praecepit illum dessesire ( saith houeden ) de episcopatu suo , & de vice-comitatu eboraci . he commaunded him to be dispossessed of his archbishopricke , and of the vicount-ship of yorke . . but afterward celestinus being dead , and innocentius the third succeeding him in the popedome , and the said geffrey amending his manners , as may be presumed ; misit literas suas deprecatorias , ad richardum regem , &c. the said pope innocentius sent his letters to k. richard of england , requesting and exhorting him , by fatherly admonition , that he would receiue into his loue and brotherly familiarity againe , the said archbishop at his request , and suffer him in peace to returne to his bishopricke , for that otherwise he should be forced , to vse ecclesiasticall censures against the said king and his kingdome . vnto which petition ioyned with some commination , as you see , the king obeyed , sending diuer● bishops vnto the said archbishop ( whose names houeden setteth downe . ) in spiritu humilitatis postulantes ex parte regis , vt ipse ratas haberet donationes , quas fecerat rex in eboracensi ecclesia ; & dominus rex redderet ei archiepiscopatum suum cum omni integritate &c. these bishops were to demaund in the spirit of humulity on the kings behalfe , that the said archbishop would ratifie , and make good all the donations or gifts , which the king had bestowed in the church of yorke ( during the time he had with-held his archbishopricke ) & that there vpon the king would restore vnto him his archbishopricke with all integrity . but the archbishop demaunded first of these bishops sent vnto him , whether they would vnder their hands and writings assure him , that he might doe it in conscience , but they refusing , he refused also to graunt the kings request , and therevpon appealed againe to rome , and went thither in person ; and the king , on his side , sent proctors and aduocats thither to plead for him , as houeden at large declareth . and moreouer to bridle him the more , he besought the pope to make hubert then archbishop of canterbury legat of the sea apostolike ouer all england . . and agayne , both this author and nubergensis doe declare , how the foresaid vvalter archbishop of roane that had byn so great a friend of k. richard euer since the beginning of his raigne , and had gone with him to sicily , and returned againe to england , for pacifying of matters between the bishop of ely , that was gouernour , the earle iohn ; and moreouer had also byn gouernour of england himself , & after king richards captiuitie had not onlie laboured for him , as you haue heard by his letter to the pope , but went also in person to assist him in germanie , and remained there in pledg for him : this man ( i say ) receiuing disgust at length from the said king , for vsurping vpon certaine lands , and liberties of his in normandy , he brake with him , appealed to the pope , went to rome against him ; and the king was forced to send embassadours to plead for himself there against the other , who pleaded so well ( saith nubergensis ) alleadging the kings necessitie for doing the same , as the pope tooke the kings parte , and tolde the bishop openlie in publike consistorie , that he ought to beare with the king in such a necessitie of warre , which being once past , matters might easilie be remedied . and thus much for the popes authoritie acknowledged and practised , during the raigne of this king richard the first , out of which m. attorney found no probable instance at all , to be alleadged to the contrarie , and therfore made not so much as mention of any . of the raigne of king iohn , vvho was the seauenth king after the conquest . §. iii. . of this king , being the last sonne of k. henry the second , we haue heard much before , vnder the name of earle of mor●●● , which may declare vnto vs , the quality of his nature and condition ; to wit , mutable and inconstant , but yet vehement for the while , in whatsoeuer he tooke in hand ; indiscreet also , rash , and without feare to offend either god or man , when he was in his passion o● rage . this appeareth well by his many most vnnaturall and treasonable actions , against his kind and louing father whilest he liued , wherby he shortened his said fathers life , as before hath byn related . and the same appeareth yet more in a certaine manner , by his like attempts against his owne brother , both when , and after he was in captiuity ; which brother notwithstanding had so greatly aduaunced him , and giuen him so many rich states in england , as he seemed to haue made him a tetrarch with him ( say our english authors ) that is to say , to haue giuen him the fourth parte of his kingdome , which notwithstanding was not sufficient to make him faithfull vnto him . . this man then succeeding his brother richard , with whom he was beyond the seas when he died , laid hands presently on the treasure and fortresses of his said brother , and by the help of two archbishops especially , to wit vvalter of roane in normandy , and hubert of canterbury in england , he drew the people and nobility to fauour him , and was crowned first , duke of normandy by the one , and then king of england by the other , when he was . yeares old , and held out in the said gouernmēt with great variety of state and fortune for . yeares old togeather . the first six with contentment & good liking of most men , the second six in continuall turmoile , vexation , and with mislike of all ; and the thi●d six did participate of them both , to wit , good and euill , though more of the euill , especially the later parte therof , when his nobility and people almost wholy forsakinge him , did call in , and crowne in his place lewes the dolphin & prince of france , pretended to be next heire by his wife the lady blanche , daughter to the said k. iohns sister , queene of castile , which brought k. iohn to those straites , as he died with much affliction of mind , as after you shall heare . . to say then somewhat of ech of these three distinctions of tyme , noting some points out of them all that appertaine to this our controuersie with m. attorney : you haue heard in the end of k. richards life , how vvalter archbishop of roane appealed to pope innocentius against the said king , for seasing vpon certaine lands of his , and namely the towne of deepe , which innocentius commaunding to be restored , k. iohn obayed , and made composition with the said archbishop vpon the yeare of christ . which was the second yeare of his raigne , as houeden reporteth ; restoring him villam de depa cum pertinentijs suis , the towne of deepe with the appurtenances : and diuers other things , which the said author setteth downe , shewing therby the obedience of k. iohn to the popes ordination . . moreouer there falling out a great controuersie between geffrey arcbishop of yorke , k. iohns brother , and the deane and chapter of the said church , and both parties appealing to rome , pope innocentius appointed the bishop of salisbury , and abbot of tewxbury to call them before them in church of vvestminster , and determine the matter , & so they did , & made them freinds ; the king not intermedling in any part therof , though the matter touched his brother , and concerned his owne ecclesiasticall supremacy , if he had persuaded himself , that he had had any . and the verie same yeare the bishop of ely , and the abbot of s. edmunds-bury were appointed iudges by the said pope , in a great cause between the archbishop , and monks of canterbury , which they determined publikelie , vt iudices à domino papa constituti : ( saith houeden ) as iudges appointed from the pope , without any dependance of the king at all , though their cheife controuersie was about the priuiledges and proprieties of lands , lordships , and officers of theirs , to wit of the said archbishop and monkes . . and wheras the foresaid hubert archbishop of canterbury with the rest of the bishops , summoned a generall synod in england for ordaining many thinges , according to the neede or necessitie of the english church ; and the king by euill 〈◊〉 saile of some , went about to let the said synod , forbidding the same by his supreame iusticer ( which was the highest power at that time vnder the king ) the said archbishop admitted not the prohibition : archiepiscopus ( saith houeden ) generale celebrauit concilium londonys apud vvestmonasterium , cōtra prohibitionem gaufredi filij petri comitis de essexia , tunc temporis summi iusticiarij anglia . the archbishop did celebrate a general councell at vvestminster in london , against the prohibition of geffrey the sonne of peter earle of essex , which at that time , had the office of the cheife iusticer of england . so as we see , that they followed not the kings inclination in this spirituall affaire , but held their councell , and finished the same , notwithstanding the former secular prohibition of the supreme iusticer . and houeden that was then liuing , setteth downe all the canons and ordinances at large of the said councell , which had these words in the end of euery one seuerally repeated : saluo in omnibus sacrosanctae romanae ecclesiae honore & priuilegio : sauing in all points , the honour and priuiledge of the holy church of rome : which was the sooner added for that the general councell of lateran in rome , was shortely after to ensue , which might adde , take away , or alter whatsoeuer should seeme best to the decrees of this nationall councell . . neither is there read any thing to haue byn done or said against this by the king , though it is like that some of his counsell did egge him against it , as may appeare by the said prohibition of his iusticer before mentioned . nay , not only was k. iohn obedient to the church & her authority at this time ; but otherwise also shewed himself very deuout & pious by many wayes : to which purpose among other things , it is recorded by this author , that when s. hugh bishop of lincolne , who was held for a great saint all dayes of his life , lay on his death-bed at london , king iohn went vnto him to visit him with great deuotion , and confirmed his testament , which he had made of his goods in fauour of the poore , and promised moreouer to god in his presence , that during his life , he would alwayes confirme and ratifie the testaments of english bishops , and prelates made to that effect . . and the same author recounteth furthermore , that n●● longe after this , the king being at lincolne , twelue abbots of the order named cistercienses , comming vnto him , fell downe at his 〈…〉 of his 〈…〉 ence , all their cattle 〈◊〉 in the same 〈…〉 whom the king said , that they should rise vp ; 〈…〉 ( saith our author ) diuina inspi 〈…〉 , cecidit 〈…〉 omiam postulant , &c. and then the king himself , by the inspiration of gods holy 〈◊〉 , fell downe vpon 〈◊〉 on the ground before their feete making them pardon , for the iniury done to them by his officers . and from that day forvvard he graunted them , that all their 〈◊〉 should feed freely in his forrest : and moreouer he willed them to seeke out a fit place in the kingdome , where he might buyld them a monastery for his deuotion , and so he did : founding both that and 〈◊〉 others , as the monasteryes of farendon , ●●●●ayles , 〈◊〉 , and vv●●x-hall● so as if he had continued in the course of piety and moderation in life , he had byn a notable king towards which he had many good partes . . but about the . or . yeare of his raigne , he began greatly to change his cōditions to the worser part● , which some ascribe 〈◊〉 to the death of queene eleanor his mother , vpon the sixth yeare of his raigne , to whom he bare respect as long as she liued , and her death was thought to be hastened , by the affliction she tooke of k. iohns cruelty towards arthure earle of brittany her nephew , who being a goodly young prince of . yeares old , was made away in the castle of roane , in the yeare . by poison , as some men thinke ; but as the king of france maintained before pope innocentius , he was slaine by k. iohns owne hands , and his younger sister carried prisoner into england , & kept in bristo● castle , where she pined away ; though both these pretended to be neerer the crowne of england , then k. iohn himself , for that they were the children , of his elder brother geffrey , by marriage earle of brittany . . from this beginning then of domesticall bloud , k. iohn fell into his other rages of dis●re●●●● life , and namely against the church and church-men 〈◊〉 , wherof this particular occassion fell ou●● that the foresaid 〈◊〉 archbishop of canterbury being dead , vpon the you●● 〈…〉 the king desiring to prefer to that 〈◊〉 one iohn gray bishop of 〈◊〉 whom he great●●● 〈…〉 principall monkes of the 〈…〉 election appertained , to 〈…〉 for that 〈…〉 canterbury , to further that election by his owne presence . and the monkes 〈…〉 cretly , they had chosen another before , whose name was 〈◊〉 sub-prior of the house ; and with the same secresie had 〈…〉 away towards rome for his confirmation , with oath 〈◊〉 should not disclose himself vntill he came thither : yet 〈◊〉 ly vpon offence taken with him , for discouering himself 〈…〉 election in flaunders , and partly vpon the instance and 〈…〉 the king present , they chose the said bishop of norwich 〈◊〉 him his letters of election in like manner , with which the king presently sent him away to rome , adioyning speciall messengers of his owne , to commend him to pope innocentius , by all me●●es possible for his admittance . . but the pope seeing two elections made by the monk●●● 〈◊〉 two seuerall men , and that the couent was deuided vpon the matter ; he persuaded them for concordes sake , to choose a 〈◊〉 and to leaue the former two , and so at last they did , and tooke● certaine english cardinall then in rome , named stephen long●●● a man of great learning , and most commendable life , but not knowne or liked by the king , both for that he had byn brought vp in the vniuersityes of france , and not of england ; and for that the king could not brooke , that the election which he had ●●●cured , with so great diligence of the bishop of norwich , should be reiected ; whervpon he fell into so great distemper of passion , as was lamentable . for first , hauing made proclamation , that the said cardinall elected archbishop , and confirmed by the pope , and sent into france , should not come into england , 〈◊〉 receiued by any man vnder paine of death ; he sent his officers to cāterbury , to sease both on the lāds of the archbishopricke , ●● also of the monkes , and to driue them out of the realme , with all the shame and vexation that might be ; and so they did . and the said expulsed monkes , were forced to fly ouer the sea to 〈◊〉 and liued for the time in the monastery of s. berlin in that ci●●● and the king commaunded to be put into that couent 〈◊〉 religious men of the order of s. angustine : and more then this 〈◊〉 to that exasperation against all clergy-men , as he seased 〈◊〉 most parte of their goods throughout all england . and 〈◊〉 pope innocentius wrote diuers letters to pacifie him , 〈…〉 angerly to him againe . affirmae●s ( saith our 〈…〉 electione simul & promotione n●rvicensis episcopi , 〈…〉 reuocari . affirming that he could not be 〈…〉 〈◊〉 and promotion of the bishop of norwich , whome he vnderstand to be profitable vnto him . quod pro libertatibus corona sua ●●abit 〈◊〉 fuerit , vsque ad mortem . that he would stand ( if need should be ) for the libertyes of his crowne , euen vnto death . et si de prae 〈◊〉 fuerit exa●ditus , omnibus roma●● petentibus maris semitas angu 〈◊〉 . that if he may not be heard in the premisses , he threatned to ●●●iten the passage of sea to all them , that would goe to 〈◊〉 . so he . . in all which we see , notwithstanding his great displeasure taken , he doth not deny the popes authority spirituall , nor ascri 〈◊〉 the supremacy therof vnto himself ; but only standeth vpon the libertyes of his crowne , which was , as there he signifieth , that the archbishop of canterbury , should not be chosen without his consent or li●●ing , though the election therof he tooke not to himself , but left it free to the said monkes , to whome from the very beginning of christianity in england , the said election appertained . and truly , many godly and wise men at that time did wi●h , that pope innocentius had not stood so hard with k. iohn in 〈◊〉 point as this was , for contending him with a person gratefull vnto him in that archbishopricke : for from this disgust proceeded all the disorders and miseries , that afterward ensued , as namely the kings raging against all the clergie , the particulars wherof are strange and lamentable ; the interdict of the whole realme that lasted for fiue or six years , without celebrating of deuine seruice in the churches ; and finally the excommunication of the king himself , and other infinite troubles therof ensuring : the said king so raging on the otherside for diuers years togeather , as he seemeth not to be well himselfe , specially after he saw his nephew otho to be depriued also of the imperiall crowne by the said innocentius . . many strange acts are recounted of k. iohn in this time , as for example , that he sent from time to time , to all noble men and gentlemen , whom he any wayes suspected to be offended with him , commaunding them to giue him for pledges , their sonnes or daughters , or next of l●yn ? and for that the wife of one vvil●●●● erause bar●● , cast out a word that she doubted ; least her children might be vsed by duke geffreys children were , to wit 〈…〉 , his 〈◊〉 the king sent to apprehend them all , and they 〈…〉 , he 〈◊〉 them so hardly , as he tooke 〈…〉 , and caused them to be starued to death in vvindes●r castle . and the same author of ●●●●ris , who liued at that time writeth the kings fury to h● 〈◊〉 great , & to commit such horrible acts of cruelty : vt 〈…〉 extuteret tyrannorum . that it would make euen tyrants to 〈◊〉 & he addeth further : muk●rum nobiliam vxores & s●ti● appr●●●●● 〈◊〉 did oppresse and vse violence not only to the lands , good● , 〈◊〉 honours of noble men ; but to their wiues and daughter 〈◊〉 . he telleth further , that being one day at nottingham , and 〈…〉 that the welch-men began to styr , he cōmaunded to be brought forth . faire young children , which he had for pledges of the cheifest nobility of that nation , and all to be hanged togeather vpon one gallowes in the yeare . . he caused in like manner ; all the iewes through 〈◊〉 glaud , both men , women , and children , to be taken and ●●●●●ted , to know where there money vvas , vvho commonly 〈…〉 the violence of the said tortures , gaue him all that they had , and more too . and when in bristow , they had tortured one by 〈◊〉 sortes of torture ; the king gaue this sentence vpon him , that e●ery day he should haue one of his teeth pulled out , with the 〈◊〉 test despite and torment that might be , vntill he had paid 〈◊〉 ten thousand markes of money ; and when the iew had 〈◊〉 seauen teeth to be so pulled out in seauen sundry dayes ; 〈◊〉 to auoyd the torment of the eight tooth , bound himself to pay the ten thousand markes . . the same author relateth in like manner , that the said king meeting one day a company of men , which were the 〈◊〉 officers , that led bound a murderer towards prison , that had robbed and slaine a priest vpon the high way , said vnto them , it is no matter , he hath killed an enemy of mine , let him go●●●● ; and so they did . and at another time being at oxford , and ●●●ring that a certaine clarke by meere chaunce , had 〈◊〉 woman to death and thervpon fled , and the iustice hauing 〈◊〉 three other clarkes whom they found dwelling in the 〈◊〉 house , though vtterly guyltlesse of the fa●● , the king com●●●●ded them all three to be hanged . and mo●●ouer when the ●●●●dome was put vnder interdict : rex quasi in f●riam v●●sus ( saith 〈◊〉 author ) in verba blasphemia pr●●upit , iura●per 〈…〉 & 〈◊〉 king being turned as it were into fury , did 〈…〉 blasphemous words , swearing by the teeth of god● 〈…〉 ●●●soeuer he should find any romanes in any of his land● he 〈◊〉 〈…〉 to rome , with their eyes pulled out , and nosthrels 〈…〉 he spake also words as though he beleiued not the resurrection of the next life . so 〈◊〉 our author . . but aboue all fury and wickednes , was that resolution which he tooke soone after , to wit , vpon the yeare . when he sent syr thomas h●●thington , and , syr raph nicholson knights and syr r●●●rt of london priest , for his , embassadours to the great ma●●●●●● , king of africke , morocco , and spaine , named miramumilinus , offering to be of his religion , and to make his kingdome tributary vnto him , and to be his vassall & hold it of him , if he would 〈◊〉 with an army by sea to assist him . but when the said ma●●●●●tan great prince , being a very wise man , informing himself of the particular● of his person & state , showed contempt therof , 〈◊〉 also of his offer , ( as our author , that spake with one of the ambassadours setteth downe at large ) k. iohn tooke another resolution , and passed to the quite contrary extreame , resoluing not only to obey the pope in spirituall iurisdiction , but in temporall also , and to make his kingdome tributary , and feudatory to the sea of rome , by payment of a thousand markes euery yeare ther vnto ; which he bound himself and his heirs to doe , vnder a 〈◊〉 large charter , sealed with the great seale of england in gold , sending the same to rome to pope innocentius , vpō the yeare . . and by this , and other such tokens of his heartie conuersion and sorrow for thinges past , he so gained the said pope , that suruiued him , as he had him his most earnest defendour , all daies of his life after , both aginst the king of france , & his sonne prince l●wes , and the barons of england , that made warre against him . all whom , he first cōmaunded to surcease their said warrs and emnities against the said k. iohn , and then for that they obaied not , he threatned and ●enounced excommunication against them , and besides this he sent his legat named vvaell● to be with k. iohn , and assist him in person in all his needs and necessities which was no small help and comforte vnto him in those distresses . and finall in after his death he was a principall cause why his young sonne henrie the ● . was admitted for king , notwithstanding the barons firme resolution , promise , and oath to the contrarie , and that prince lawes was forsaken , and forced to 〈◊〉 of england the said lega● being made generall gouernour both of the king and kingdome for that present , togeather with the earle of 〈◊〉 lord marshall of the land . . and as for the said barons , that so resolutely stoods 〈◊〉 k. iohn and his succession , their cause was about the priuiledged and laws of the realme , as well concerning the glergie , as lay men , which were the same priuiledges , as they affirmed , that were graunted and set downe in king edwards daies the confessor , confirmed by the conquerour , allowed & published againe by k. henry the first , and not disallowed by this mans father k. henry the . in witnes wherof , they produced a charter of the said k. henry the first . all which liberties , laws , and ordinances k. iohn promising them at his first recōciliation , to giue gr●in● and ratifie , was vrged afterward by them to publish the same ●● writing , vnder the great seale of england , as he did at oxford in the presence of al his nobility , in the . yeare of the said king● raigne , which was the next before his death , syaing in the 〈◊〉 writing . ex mera & spontanea a voluntate nostra concessimu , & char●a●●stra cōfirmauimus , & eam obtinuimus à domino papa innocencia confirm●n ; quā & nos obseruabimus , & ab haredibus nostris in perpetuū bona fide 〈◊〉 obseruari . we haue graunted out of our owne meere & free good will , & haue confirmed the same by our charter , and haue contained of pope innocentius , that he confirme the same also with his assent ; which charter both we shall obserue our selues , and will haue to bee obserued faithfullie by our heirs for euen behold , that k. iohn doth not onlie confirme these liberties himself , but procured the same to be confirmed also by pope innocentius for more stabilitie . and the beginning of the said liberties it thus set downe ; quod anglicana ecclesia libera sit , & habeat iuras●● integra , suas & libertates illasas , & maximè libertatem electionum , q●● maximae & magis necessaria reputatur ecclesia anglicunae . that the english church be free , and haue all her rights whole , and all h●● liberties inuiolate , and especiallie her liberties of elections ( 〈◊〉 choosing her prelates ) which is held to bee the greatest and most necessarie to the english church . and then follow the oth●● liberties of barons , noble-men , and the common people . . and for that it was vnderstood , that , notwithstan●●●● these two graunts and confirmations of these laws and priuile●ges , k. iohn by the counsaile of certaine strangers , that wee●●bout him of his countreyes in france , was perswaded to 〈◊〉 the same againe , and to informe the pope wrong full●e 〈◊〉 intentions of the said barons , as though they meane not so 〈◊〉 the conseruation of these priuiledges indeed , a●●●so●● 〈◊〉 kingdome to the king of f●●nce , and the pope inclining to be●●u●e him the said barons were so much exasperated therby , as they made the vow before mentioned , neuer to obey him , or his anymore . and thervpon calling ouer the said prince lewes of france , gaue him london and all the south-parts of england ; and would haue gained him the rest in like manner , if the popes resistanes had not byn so great , and k. iohn had not died at that very instant , in the heat of all the warre : not poisoned by a monke ( as foolish iohn fox doth affirme , and set forth in many printed and painted pageants of his booke ) but vpon greife of mind , trauaile and disorder of diet , as all auncient authors by vniforme consent doe agree . and iohn stow citeth foure that liued in k. iohns dayes , to wit ? mathew paris , roger vvyndouer , raph niger , and raph gogshall , in their histories of that tyme. . wherfore to conclude this chapter of k. henry the second , and of his two sonnes , wee see how firme they were all three in this beleife and acknowledgement of the popes spirituall authority ouer all the world ; and no lesse ouer england in those dayes ; and how fully the same was in practise among them . and that albeit in some cases & causes , wherin they receiued some distast , they strugled sometimes about the particular execution therof , indeauoring to mak some restraint , especially when it seemed to strech indirectly also to temporall affaires ; yet did they neuer so much as once deny the said ecclesiasticall supremacy to be in the sea of rome , and much lesse did euer ascribe it to themselues : which so cleerly ouerthroweth m. attorneys position , as i maruaile what he will say to these and like demonstrations . . and for that his often repeated ground is , that queen elizabeth had her supreame authority in cases ecclesiasticall , according to the auncient common lawes of england : hitherto he graunteth that there was no statute-lawes at all by parlament , vntill the ensuing king k. henry the third . and for other lawes , we see heere what they were by the testimony of the bishops & barons of england , vnder the charters both of 〈◊〉 k. henry the first , and other kings vpward vnto k. edward the confessor , to wit all in fauour of the church , her liberties , ●●nquises , and priuiledges ; which liberties ( as other where i have noted , and must often heerafter doe the same ) doe infer our conclusion of ecclesiasticall and spirituall iurisdiction , subordinate to the sea of rome , and wholy distinct from temporall power , and doe ouerthrow m. attorneys assertion for the said spirituall 〈…〉 those liberties were ( as they were ) that 〈…〉 should haue iurisdiction in 〈…〉 ctions , choise of prelates , of the 〈…〉 liberties are mentioned , cited ; allowed● 〈…〉 by any king ( as you shall see they were by 〈…〉 them , vnto k. henry the . ) so often receiue●● 〈…〉 tion , and his whole new books , an open out 〈…〉 field ; and thus much of k. iohn . of king henry the third that vvas the eight king after the conquest●●● and the first that left statutes vvritten : and vvha● instances and arguments m. attorney alleadgeth out of him for his purpose . chap. x. hitherto haue we passed ouer six hundred 〈◊〉 since our first english king rece●ued and therby put themselues vnder the of 〈…〉 bishops depending therof , for 〈◊〉 of their 〈◊〉 which spirituall 〈…〉 haue byn euer beleeued , 〈…〉 both kings , and subiect from the 〈…〉 their lawes , and continued by su 〈…〉 . which as it hath byn declared 〈…〉 proofes , & demonstrations , so 〈…〉 ted many other for breuityes sake ; the 〈…〉 tion being so apparant , as there vvas 〈…〉 co●firme the same ; wheras on the contrary side m. attorney sheweth himself so poore , weake , needy , & naked in his proofes , as he hath alleadged only hitherto but foure instances or examples out of all these six hundred years , that may seem somewhat to fauour him , though indeed they doe nothing at all , as in their places hath byn declared . but now from this king downward we shall haue somewhat more store laid togeather by him out of peeces or raggs of statutes , though as little effectuall to proue his purpose , as the other before recited and refuted . . to begin then with young k. henry , who was but entred into the tenth yeare of his age , when the scepter was deliuered vnto him , and raigned somewhat more then . years . he was crowned at glocester after the death of his father , by one parte of the realme , that followed him , and this especially , as hath byn said , through the presence & authority of the forsaid vvallo pope innocentius his legat , who earnestly persuaded and inuited all sortes of people , to follow and obey this young king , and to forsake prince lewes of france , that had london and the south-partes of england deliuered vnto him . and finally denounced excommunication vpon all those that resisted this k. henry , & therby drew at length all the lords and barons of england in effect , to returne vnto him ; and was cheife gouernour , both of the said kings person and realme for a time , togeather with some of the english nobility , as before hath byn declared . . neither shall it be needfull heere to set downe the particulars of his said coronation , with the ordinary oath , which all kings tooke humbly vpon their knees , before the high altar , and vpon the holy euangelists , to maintaine the liberties of the church , and to doe iustice to all sortes of men ; which for me we hauing set downe in the life of k. iohn this mans father , & some other kings before , may serue for an ●xample of all the rest . onlie there is to be noted , as particular in this mans coronation , that presentlie after his said oath , he added this clause , as matthew paris setteth it downe : deinde fecit homagium sancta romanae ecclesiae , innocentio papae , &c. then he did homage to the holie roman church , and to innocentius the pope therof , for his kingdomes of england and ireland , & sware that he would faithfullie paie euerie yeare those thousand markes of tribute , which his father k. iohn had giuen vnto the said church , &c. which is the first solemne homage that we read to haue been made by any king for temporall obedience vnto the church of rome in their coronation . for albeit k. henrie the . in his sorrowfull epistle before mentioned to pope alexander the . when he was in his greatest affliction , wrote , as petrus blesensis setteth it downe , who was his secretarie : vestrae iurisdictionis est regnum augliae , & quantem ad seudatorij iuris obligationem , vobis duntaxat obnoxius teneor & astringor . the kingdome of england is of your iurisdiction , and to you onlie am i bound as subiect , for so much as appertaineth to the obligation of feudatorie right : yet is this by most men vnderstood , to be meant by that king , either in respect of that ancient voluntarie tribute before mentioned of peter-pence , or els of some particular agreement made between the said pope alexander and him , vpon the controuersie about the death of s. thomas of canterbury . . but we read no such thing continued by his sonnes after him , vntill k. iohn vpon the occasions before specified , made this new couenant , as hath byn declared . which yet afterward vpon the yeare of christ . and . of this kings raigne , when a generall councell was gathered by pope innocentius the . at li●● in france , vvalsingham writeth that foure noble men , togeather with the kings aduocate or attorney vvilliam powycke , were sent by the king & common cōsent of the realme to the said councell and pope , to contradict the said ordination and concession of k. iohn , as a thing , that he could not doe without the consent of his whole realme , for many reasons which they alleadged . and so we se , that in this very contradiction , what respect they bare , ●oth to that councell , and head therof innocentius the . to whose iudgmēt they were content to remit the matter . and the popes answere was ( saith vvalsingham ) remindigere m●r●sa deliberatione , that the thing required a long deliberation : and so left the matter in suspence for that time . . but to returne to this yonge king againe , who being first , as hath byn said , vnder the gouernment of the popes legat , & the earle of pen-broke , high marshall of england , and after his death , which was vpon the . yeare of the said kings raigne , & the legats departure , he was wholy vnder the gouernment of peter bishop of vvinchester , vntill the yeare of christ ● . and y. of his raigne ; at what tyme being . yeares old , and feeling in himself a great desire to gouerne ( as young princes are wont to doe ) thought to obtaine the same by the popes authority , and so sent priuie messengers to rome , to pope honorius the . ( saith mathew paris ) and requested at his hands , for many reasons , that he might be declared able to gouerne of himself , togeather with his counsell , and to receiue into his hands , all those castles & lands which diuers of his barons did hold in his name , from the tyme of his fathers death . which thing was graunted him , and the popes bull sent to the archbishops , bishops & barons about the same , with authority and commaundement , to compell them by censures to doe the same , if any should refuse . . and two yeares after this againe , when he was . yeares old , he calling a parlament , did decree and publish the famous great charter called magna chaerta , for the priuiledges of the church , as also the charter of forrests , for the nobility and common people : and many other things did happen in this time of his youth and non-age , which doe euidently declare his dutifull respect vnto ecclesiasticall power , and especially to that of the sea apostolike , not assuming to himself any peece or parcell therof . and this might we easily declare by many examples , wherin he proceeded as he was taught , both by the presidence of his auncestors , and by the common induction of religion , and practice of all christian princes in those dayes ; and this as well after he came to full age , as before , and so continued vnto his dying day . . and for that this mans raigne was large , and of many years , as hath byn said ; and if i should stand vpon particular proofes , and examples of his acknowledgement of the supreme authority of the sea of rome , and practice therof , in all occasions , it would be ouerlong and tedious : & therfore it shall be sufficient for the indifferent reader , to consider these points following . . first , that we hauing proued the said acknowledgement in all former kings ; it is not like that this deflected , or went aside from their stepps ; or if he had done , it would ( at least ) haue byn noted , wherin , and in what points , and some records remaine therof , as there doe of other points , which were any way singular in him . secondly we finde this king , much commended for pious deuotion by ancient writers , and namely by thomas vvalsingham , who in the beginning of k. edward the first his life , giueth a breife note of this king henries life and death , saying first of his sicknes and death , that being at the abbey of s. edmunds-burie , and taken with a greiuous sicknes , there came vnto him diuers bishops , barons , and noble men to assist him and be present at his death ; at what time he humblie confessed his sinnes ( saith he ) was absolued by a prelate ; and then deuoutlie receauing the bodie of our sauiour , asked all forgiuenes , and forgaue all ; had extreme vnction ; and so humbly imbracing the crosse , gaue vp his spirit to almightie god : adding further of his deuotion in his life ; that euerie day he was accustomed to heare three masses sung ; and more priuatelie besides , and that when the priest did lift vp the hoast consecrated , he would goe himself and holde the priests arme , and after kisse his hand , and so returne to his owne place againe . . hee telleth also of his familiaritie with s. lewes k. of france , who raigning at the same time ( though some few years yonger then k. henry ) conferred oftentimes with him about matters of deuotion ; and once telling him , that he was delighted more to heare often preaching , then manie masses , k. henry answered , that he was more delighted , to see his friend , than to heare another man talke of him , though neuer so eloquentlie . . this then being so , and k. henry both liuing and dying so catholicklie , as both this man , and all authors doe write of him ; there can be no doubt , but that he agreed fullie in iudgment and sense , with all his predecessours , as well in this point of the popes ecclesiasticall iurisdiction , as in all others . and for his obedience to the sea of rome , it was so notorious , as diuers of his owne people at that time , did thinke it to haue excesse : for that it was not only in spirituall matters , but in temporall affaires of his kingdome also ; nihil enim ( saith matthew paris ) nisi ex consensu papae , vel illius legati facere voluit . hee would doe nothing ( especiallie in his later years ) but either by the consent of the pope or his legat. and further in another place . ipso quoque tempus rex , secus quàm deceret aut expediret , se , suumque regnum sub paena exhareditationis ( quod tamen facere nec potuit nec debuit ) domino papae obliga●it . at that very time also the king , otherwise then was decent or expedient , did oblige himself and his kingdome ( which yet he could not , nor ought to doe ) vnto pope innocentius the fourth vnder paine of disinheritage , &c. so he . . and many times elswere is this complaint renewed ; and yet on the otherside , we may vnderstand by the same mathew paris ( who so much misliketh this ouer much subiection , as he calleth it , to the sea of rome ) that diuers great commodityes ensued often therby , both to him and the realme . to the realme , for that the popes wrote heerby more confidently and effectually vnto him , for amending certaine errors of his , then otherwise perhaps they would or could ; yea threatned him also with excommunication , when need required : wherof the said paris writeth thus in one place . in those daies the popes anger began to be heate against the k. of england , for that he kept not his promises , so oftentimes made to amend his accustomed excesses , and therefore at the instance of lautence bishop of ely , and many other , that earnestly vrged him , he threatned after so many exhortations made vnto him without fruite , to excommunicate him , and interdict his kindome , &c. . but yet for all this , when after his barons did rise against him , and held him diuers years in warre , pope vrban the . ( saith mathew paris ) sent his legat , cardinal sabinian , as far as bellen in france to pronounce there , and set vp the sentence of excommunication against the said barons , who being in armes , permitted him not to enter the portes of england ; but yet not long after by the said vrban his meanes , and pope clement the . that succeeded him , peace followed againe in the said realme , after many years of warre & ciuill commotion , with great variety of euents succeeding on both sides . for that sometymes the king himself , with his brother richard surnamed king of the romanes , and edward the prince , were taken by the barons ; and sometymes the barons had the worse , and simon momfort earle of licester their cheife head and captaine , was slaine in the field ; and many miseryes , distresses , and calamityes ensued on both parts , as are accustomed in warlyke affaires ; but especially of kingdomes , which haue their waues and turmoiles , according as the winds of great mens humours and passions doe swell , stirr vp , or calme the same . but in all this time no question was of catholike religion in england nor any doubt at all of the distinction and subordination , between temporall & spirituall power and gouernment ; but that the one was acknowledged in the king , as cheife head of the common-wealth , and the other in the bishops , as subordinate to the sea apostolike . . and if we consider the cheife , and most euident points , wherin this acknowledgement is seen , and to be obserued , they are these in effect . first and principally for all points of saith and beleife ; which points were not receiued in england , nor other wise , then they came authorized and allowed by the said sea apostolike . and secondly for matters of manners in like form , if any thing were decreed or ordained by the said sea , as to be obserued generally throughout all christendome , england presently admitted the same ; though in other matters , which were either particular , nationall , or seuerall to euery common-wealth , england followed that which was most conuenient for her state , peace and quietnes . . and as for ecclesiasticall iurisdiction and libertyes of the church , we se by the said magna charta , decreed and confirmed by this king ( which is the very same in effect , that his father k. iohn , out of the charter of k. henry the first , graunted vpon the . yeare of his raigne ) and confirmed againe , and published by k. edward his sonne , and all his catholike successours ; that it was wholy left vnto clergy men , and to the sea apostolike , and not taken nor vsed by the kings : as namely in all matters of spirituall dispensations , elections , institutions , admissions , confirmation● of prelates , and the like ; all gathering of synods , making of ecclesiasticall decrees , excommunications , absolutions , indulgences , iudging and determining of church-causes ; wherof m. attorney , as before you haue seen , setteth downe a longe catalogue of such causes , as cannot be iudged by the temporal law , but must necessarily be remitted to spirituall courts : all these things ( i say ) matters and affaires , were left , as fully and wholy in the hands of the bishops and english-clergy , with their subordination to their head the pope , by this k. henry , as by any of his predecessours or successours , without the intermedling of any secular man therin , as iudge , or hauing authority ecclesiasticall , as of him self , but only by way of intercession . and this may be proued by infinite examples , but none more apparant , then by the practice of elections , and promotions of ecclesiasticall persons ; wherin though since that time , by agreement of the sea apostolike , catholike temporall princes , haue for the most parte , denomination and presentation ; yet then they had not● but that all elections were free to the chapters of churches and monasteries ; & the confirmation commonly was sought at rome , and the king had no more parte therin , but only that the said elections must be made by his leaue , & so presented to the pope for confirmation . . and of this , & other like matters we might giue examples without end , for that euery day they fell out . as for example vpon the yeare . which was the tenth yeare of k. henries raigne , the bishop of durham richard being dead , the k. endeauoured greatly to bring in a certaine chaplaine of his , named luke , into that dignity , & delt earnestly with the prior & couēt of that c●●rch , to whom the election belonged to further the same . but they holding the man vnworthy , saith mathew paris , for so great a dignity , chose a learned and vertuous priest , that was archdeacon of vvorcester named vvilliam scot , praying the king to be content therewith : and so sent him to rome to be confirmed by pope honorius the . but k. henry being offended therewith , sent the bishop of chichester with another prior , for his embassadours to rome , to contradict the said election ; and thereby h●ld it in suspension for two years , vntill pope honorius being dead , and gregory the . succeeding in his place , he did reiect both the one , and the other before named , and translated vnto durham , richard bishop of salisbury . and the same yeare determined also that great controuersie ( saith our author ) that had lasted diuers years , between the prior and couent of the monks of couentry , and the deane and chapter of the chanons of lichfield , which of them should choose their bishop ; and the said popes determination was , that one parte should choose him one tyme , and the other the other ; but yet so , as the prior of couentry should alwayes haue the first voice in both elections , neither did the king contradict this ordination . . moreouer in this verie same yeare of , died cardinall stephen langhton archbishop of canterbury , with whome , and against whom k. iohn moued so great troubles ( as before you haue heard ) who being dead , and the monkes according to order , hauing obtained licence of the king to make their election of a new , they chose a monke of their owne , called vvalter hemesham ; but the king after some deliberation , not liking of him , began to laie diuers obiections against him , as may bee seen in our author that liued in those daies . but hee appealing to the pope , went to rome ; whervpon the king , setting downe his obiections in writing , sent the bishops of rochester and chester , togeather with the archdeacon of bedford , for his embassadours to contradict the same also : whome pope gregorie hauing heard , and considered for diuers moneths togeather , gaue sentence the next yeare after against him , and at the instance both of the king & suffragan bishops of canterbury , elected of himself into that dignitie , one richard that was chauncellour of the bisho● of lincolne : virum eminentis scientiae & literatura & conuersationis ●● nestae , saith our author . a man of eminent knowledg , and learning and honest conuersation : though he doe add this , that to obtaine this election of the pope , & to reiect the oth●● , the said kings messengers offered , that his maiesty & the realme , should be cōtent to graunt to his holines a tenth ouer all england , for his warrs against fredericke the emperour . but howsoeuer that was , this proueth euidently the acknowledgment of his supreme ecclesiasticall authority ou●r england by this king , as doe infinite other things , which are ouer many to be recoūted in this place . . for first this verie archbishop richard being procured , as you haue seen , with such diligence by the king , three years after his election , to witt , vpon the yeare of christ . when the king in a parlament holden at vvestminster , exacted as well of the clergie , as of the laitie , a certaine payment or contribution of money called scutagium , not accustomed to be paied before , the said archbishop with his bishops audacter resistentes dixerunt , quod non tenerentur viri ecclesiastici iudicio subijci laicorum ; boldlie resisting said vnto the king , that clergie-men were not boūd to be vnder the iudgment of lai-men in the parlament . and moreouer the said archbishop going priuatelie afterward to the king , complained much of his high iusticer hubert de burgo earle of kent , for detaining certaine lands belonging to the sea of canterbury ; and a little after not receauing satisfaction from the king , he pronounced excommunication against the said hubert and other detainers , and all that should keepe them companie , except onlie the king himself ; and hauing done this , he appealed to rome , and went thither himself , against whome the king sent one roger de cantelù and diuers other learned men , for his procurators , whome pope gregorie the nynth hauing heard , gaue sentence for the said archbishop richard against the king : proposuerunt autem in contrarium clerici regis ( saith matthew paris ) pro ipso rege & iusticiario , multa inaniter allegantes , sed parum vel nihil profecerunt , quia causa archiepiscopi iusta erat & fauorabilis . the kings clarks and procurators proposed manie thinges to the contrarie in fauour of the king and his iusticer , but of no moment ; and consequentlie they profited little or nothing with the pope , for that the archbishops cause was both iust and fauourable . see heer againe the popes authoritie in practice . . and when this good archbishop richard dying in his way homeward , left the church void againe of a pastor , the prior and couent of canterbury chose for archbishop , one raph ne●il bishop of chester , and cauncelour of the realme , wherat the king being verie glad , sent his messengers togeather with the partie chosen , and the monkes that accompanied him to rome , for his confirmation . but pope gregorie vpon the information of one simon de langituna , to whom the examination of the person was committed , did refuse him , as an vnlearned man , and a courtyer , and vnapt to preach or teach ; but indeed ( as some suspected ) least being a great lawyer , and of much authoritie in england ( for that he was chauncellour also of the realme ) he should goe about to vndoe that couenant of temporall subiection , which king iohn had made to the church of rome , and his sonne king henry hitherto continued . but howsoeuer this was , he was not admitted , but the couent of canterbury was commaunded by the pope to choose an other , which they did the next yeare after , choosing the prior of their owne couent named iohn , whom the king accepting , he was sent to rome with recommendation of both their letters ; & at the same time , the king sent also to rome ( saith our author ) a young knight named robert thynne of the north-countrey , that had fallen into the popes excommunication , for a certaine excesse of his , to the end that he might be absolued : deprecans obnixè , vt militem illius intuitu exaudiret , desiring the pope most earnestly , that for his sake , he would graunt the knight pardon and absolution in the thing he came for . . and albeit we may presume , that the pope absolued the same knight , at the kings request ; yet did he not admit for archbishop , the elected prior , but esteeming him to be ouer aged , commaunded the prior and couent of canterbury , to choose a third , which was s. edmund of abingdon , canonized afterward by pope innocentius the . and at the same time , he wrote very sharpe letters vnto the king of england , reprehending him for suffering certaine violent excesses to be committed against clergie-men ; non habens respectum ad sacramenta , quae iurauerat tempore coronationis suae , de pace ecclesiae mantenenda , &c. as not hauing regard of the oath , which he did sweare in the tyme of his coronation , to maintaine the peace of the church : mandans regi , & firmiter praecipiens sub paena excommunicationis , &c. commaunding the king vnder paine of excommunication , to cause due 〈◊〉 tion to be made of the fact , and to send to rome , those that should be found culpable therin , to be absolued by himself . to which commaundement the king obayed most promptly , and sent to rome among others , the young knight before mentioned , with diuers of his seruaunts ; which well proueth the opinion he had of the popes authority , & how farr he acknowledged the same . and many hundred other such like examples might i alleadge out of the life and large raigne of k. henry , if it were not ouer tedious , for that this course did he hold all his dayes . . and albeit there began to be in his dayes , more then before , very great repining in the people , nobility , and clergy , first against all strangers in generall , for that the king was most ruled for many years by pictauians , or men borne in his countryes of poytoù beyond the seas , the principall wherof was one peter bishop of vvinchester , who did patronize the rest ; & then in particular also against italians , that were preferred to ecclesiasticall liuings in england , by the popes of those times , more then before had byn accustomed ( who perhaps might presume the mo●● therin also , in respect of the temporall acknowledgement of the kingdome before mentioned ) & that the said complaints grew to be so great and generall , as the king was sore pressed therewith ; and for remedy therof forced at length to dismisse and put away his said pictauians : yet in the other point of italians & romaines , he could neuer be induced to doe more , but to represent only by way of supplication to the popes themselues , the hurtes and inconueniences , that did ensue therof , that they themselues might put conuenient remedy . . and therefore first of all , vpon the yeare . which was the . of his raigne , he wrote a letter to pope innocentius the . in these words . sanctissim● in christo paetri ac domino innocentia , d●● gratia summo pontifici , henricus eadem gratia , salutem & pedum 〈…〉 beatorum : and then he beginneth his le●ter thus . quo amplius , &c. by how much the more an obedient sonne doth submit himself vnto his fathers will , and more promptly and deuontly 〈◊〉 subiect himself to his commaundements , the more doth he deserue to haue his fatherly protection , as the reward of his obedience and deuotion . hence it is , that albeit , at all tymes 〈◊〉 our raigne we haue exposed our selues and our kingdome in all things , to the will of your fatherhood ; and ther we haue in most busines of ours , found your fatherly solicitude and grace towards vs : yet in some prouisions of yours made to clergie-men , both english and strangers , we find our selues and our kingdome not a little aggreiued , &c. wherefore we doe supplicate vnto your fatherhood , that you will defend with fatherly care and solicitude , all our rights and libertyes , which you may repute to be not so much ours , as yours ; and that you will cause them to be preserued in your court , against the suggestiōs of whomsoeuer . and your holines must not be moued , if we haue gone against some of your orders , and commaundements in this behalfe , for that the clamour of such , as thought themselues aggreiued , haue compelled vs therevnto ; and we may not deny any man right , for so much as by the office of kingly dignity giuen vs by god , we are bound in ciuill matters to administer full iustice to all . . thus wrote k. henry vpon the foresaid yeare vnto pope innocentius the . and the next yeare after , which was . there being held a generall councell at lions ( as before hath byn said ) the king and realme tooke this resolution , to send certaine procurators thither , to cōplaine of the said greiuances & hurtes , which the realme receiued by so many strangers , placed in benefices throughout england , who had neither language to preach and teach , nor mynd or meane to keep hospitality for the poore ; and that the naturall subiects of the land were heerby depriued of that preferment , & the patrons of benefices debarred of their right , to nominate , & present incumbents , by the popes prouisions made in rome , or of his legats in england : which complaints seeming reasonable , were fauourably receiued in the said councell , as may appeare by diuers rescripts of the said pope innocētius , to the archbishops and bishops of england , about prouiding the benefices vnder their charge , with fit english men : vniuersitatem vestram monemus , rogamus , & hortamur , &c. we doe warne , beseech & exhorte the whole body of your realme , and doe commaund you by these our apostolicall letters , that you haue great care of all the youthes of your cittyes and diocesses , that are clergie men , or desire to be , especially gentle-men and noble-mens sonnes , whom we desire to promote , &c. and againe in another breue to the said archbishops and bishops : vve doe exhorte & commaund you , to bestow the ecclesiasticall benefices belonging to your collation , when they shall fall void , vpon fit men of your nation , &c. and yet further in a third breue : volentos iura vestra illaefa ser●ari , &c. we desiring that your right for bestowing of ecclesiasticall benefices , 〈◊〉 inuiolate ; and that such as are patrons of benefices , may present fit men of your nation , when they shall fall void , &c. . but yet the next yeare after , the king calling a generall parlament at london , and the former greiuances not seeming to be sufficiently remedied , by the said recourse to the councell , & answers and promises of the pope ; the same complaints were renewed againe with greater exasperation then before , and the said greiuances put downe in writing . all which being considered and weighed by the parlament : vnanimiter consenser●●t omnes ( saith mathew paris ) vt adhuc ob reuerentiam sedi● apostolicae , domino papae humiliter & deuotè , tam per epistolas , quam per solennes nunci●s supplicarent , vt tam intollerabilia grauamina , & iugum subtraheret importabile . the whole parlament did agree , that yet once more for reuerence of the sea apostolike , humble and deuout supplication should be made to the pope , both by their letters and solemne messengers , that he would take from them the intollerable greiuances , and importable yoke , which by the foresaid abuses , they felt to ly vpon them . and so presently were written letters seuerally to be sent by the said messengers ; frist by the archbishops and bishops ; secondly by the abbots , priors , & religious men ; thirdly by the earls , barons , and communitie of the parlament ; fourthly by the king himself , who wrote not only to the pope , as the rest did , but a seueral letter also to the cardinals , to further the suite , which letters are set downe by mathew paris at length , and are to long for this place . , yet one thing i cannot omit , that wheras the king wrote most deuoutly & humbly , both to the pope & cardinals , saying that he did make recourse in these complaints of his nobility and subiects , to the church of rome , vt filius ad matrem , quem suis lactavit vberibus , as a sonne to his mother , whome she hath nourished with her teates of mylke : the said barons , though oftentimes repeating the words implorantes humiliter ac deuotè , we beseeching you humbly and deuoutly , vt dignemini miscricorditer exaudire , that you wil vouchsafe mercifully to heare vs : yet adioyned they also this threat in the end ; that except they were eased of these burthens laid vpon them , the realme , and their king , they should be forced to put themselues , as a wall , for defence of the liberties of the said kingdome , which hitherto for reuerence of the sea apostolike , they had differred to doe , nor could expect any longer , then the returne of their embassadours . so they . . and by this we may se where the beginning was of those restraints , which afterward in the dayes of other ensuing kings were made against prouisions from rome , and benefices to be giuen to strangers : as also against appeals in certaine cases , & other such like ordinances , which seeme to containe some restraint of the execution of the popes ecclesiasticall authority in england . which did not rise , as you see , vpon any change of former faith or iudgement in religion , or calling in question the said popes spirituall iurisdiction ouer soules ; but only vpon temporall respects , reasons of state , and the like , which concerned nothing at all , faith , or beleife , or substance of religion . and this one only consideration ouerthroweth all the poore obiections , which m. attorney hath picked out , vnder the raigne of this & other kings that follow , which now we shall take in hand to examine , and discusse euery one , as they come in their place . two instances alleadged out of the raigne of this king henry the third ; and of what weight they be . §. i. . and first , what doe you thinke m. attorney bringeth out of this kings raigne , or can bring to ouerthrow all that we haue alleadged before , in the same kings life , beleife , gouernment and actions ? doth he alleadge any one law or statute of his ? ( for that he was the father and founder of our statute-lawes , as he confesseth ) doth he produce any one decree , wherby he declared , that he thought himself to haue supreme spirituall authority ? or denyed , or called in question that of the sea apostolike , notwithstanding all the greiuances which before haue byn mentioned ? no truly : no one word is alleadged therof , though otherwise as i said , this k. henry made many statutes , at sundry parlaments ; as for example vpon the . yeare of his raigne , he made the famous charter wherof we haue spoken before , called magna charta , containing . chapters , which may in effect be called so many different statutes . the first wherof beginneth thus : vve haue graunted to god , and by this our present charter haue confirmed for vs , and for our heirs for euermore , that the church of england shall be free , and shall haue all her holy rites and libertyes inuiolable . so 〈◊〉 first and most ancient statute , and the cheifest liberty of the church of england , is vnderstood to haue byn their free dependance of the sea apostolike , and their recourse therevnto without interruption , or intermedling of any secular power in their ecclesiasticall affaires . . besides this , there was made by him in the same . yeare of his raigne , the other notorious charter , named charta de foresta : cōtaining . chapters or braūches ; as also the other named merton vpon the . yeare of the said kings raigne , that hath six seuerall braunches or statutes ; as diuers others also made vpon the . year of the said kings raigne , intituled vnder diuers particular titles ; as dies communes in banco : dies communes in dote : district●●● scaeccariae : iudicium collistrigij de compositione mensurarum , and the like . and finally the other booke of statutes made vpon . yeare , called marle-bridge , containing . braunches or statutes . in all which no one thing is found in fauour of m. attorney or his assertion , but many for vs , if we would examine the partes and clauses of euery one . for that the religion of england in that tyme being perfectly catholike , and agreeing in all things with it self , & with other kingdomes of the world in one manner of beliefe , and acknowledgement of the dependance of spirituall and ecclesiasticall power from the sea apostolike ; they could not make lawes , for ordering their temporall affaires , but must needs enterlace many things , that did testifie the conformitie and subordination therof to the spirituall . and if any temporall lawyer in england at this day , though of far inferiour account and place to m. attorney , would take vpon him to write a booke , & alleadge all the lawes , both common and statute , and braunches therof , that doe confirme , allow , or strengthen the catholike religion , from most auncient tymes , wherin any memory is of our lawes ; he might so far ouerbeare m. attorney both in bulke and substance , and truth of his allegations , as s. augustines volumes ( for example ) doe exceed in all these points esops fables . and this will you see in parte , by that which we are now first to examine in this place i meane his first obiection , set downe out of king henry , which shall goe in this owne words , as before we haue accustomed . the attorney . in all the time of k. henry the third , and his progenitours kings of england , and ouer sithence , if any man doe sue afore any iudge ecclesiasticall within this realme , for any thing , wherof that court , by allowance and custome , had not lawfull conusaunce , the king did euer by his writ , vnder the great seale , prohibite them to proceed . and if the suggestion made to the king , whervpon the prohibition was grounded , were after found vntrue ; then the king by his writ of consultation , vnder his great seale , did allow and permit them to proceed . also in all the raigne of henry the third , and his progenitours kings of england , and euer sithence , if any issue were ioyned vpon the loyalty of marriage , generall bastardy , or such like , the king did euer write to the bishop of that diocesse , as mediate officer & minister to his courte , to certifie the loyalty of marriage , bastardy , or such like : all which doe apparantly proue , that those ecclesiasticall courts were vnder the kings iurisdiction and commaundement , and that one of the courts were so necessarily incident to the other , as the one without the other could not deliuer iustice to the parties , as well in these particular cases , as in a number of cases before specified , wherof the kings ecclesiasticall courte hath iurisdiction . now to commaund and to be obayed , belonge to soueraigne , and supreme gouernment , &c. the catholike deuine . . the conclusion or inference vpon this narration , must be noted by the reader , to be m. attorneys owne , and not to be taken out of any other lawyers booke , as the former parte of the narratiō is , that telleth vs , how the king appointeth , that ech court , both spirituall and temporall , shall handle matters and causes , proper and peculiar vnto them , and the one not to intrude it self into the affaires of the other ; and to this effect are his vvrits appointed of prohibition , where matters are assumed , which ought not in that courte to be treated , and of consultation to will them to proceed , when their right is knowne . all which maketh for vs , shewing that the king would haue the subordination between these two courts to be obserued , and the spirituall to direct the temporall , where any one thing might belonge vnto them both . as for example , if any man were impeached of bastardy , & thervpon his inheritance were claimed by another , the ecclesiasticall court was first to giue sentence of the marriage , whether it were lawfull , or no ; & then according to that sentēce was the tēporal court to giue possession , or not , of the inheritāce . . and that this was the true sincere meaning of the law at that time , intending therby to shew the excellency and prerogatiue of the bishops spirituall courts , aboue the kings temporall ; is plaine and euident by an other statute of this maner ( which m. attorney would not see ) made in the . yeare of king henry the . where it is ordained in explication of the former , that when any such plea of bastardie is held in any courte of the kings , the iudges therof shall make proclamation once in their courte , & the chauncelour of england certified therof by them , shall cause to be made . seuerall proclamatiōs , in . seuerall moneths , in the chaūcery : that al persons pretending any interest , to obiect against the party , shall sue to the ordinary ( or bishop ) to whom the writ of certificate from the said iudge or iudges , is , or shall be directed , to make their allegations , and obiections against the party , as the law of holy church requireth . and that without this forme obserued , al other processe shal be voide , &c. . and by this we may see how carefull the auncient lawes were to haue the spirituall courte , as the superiour , well informed according to the law of holy church ; and how not only ordinary iudges , but the chauncellour of england himself , & his highest court of chauncery was appointed to serue vnto this : for that of the spirituall courts iudgement , depended in all such causes , the iudgement of the temporall courts . and by this you will se also , the vaine sleight of m. attorney , in telling vs , that the king did euer write vnto the bishop of that diocesse , as mediate officer and minister to his courte , to certifie the loyaltie of marriage , &c. for where doth he find in any ancient law at all , those words ( as mediate officer and minister to his courte ) & in the latine , himself leaueth out the words , to his courte ; though in calling the bishop mediate officer , or minister , which is as much to say , as superior officer , ( for that in mediation and subordination of officers , and ministers that gouerne , the mediate hath the higher roome , in respect of the people and court wherof he is officer ) he includeth a contradiction against himselfe , for then is the said bishop also aboue all immediate temporall iudges , that must giue him certificate ( wherof the chauncellour we se is one ) euen in the kings temporall courts themselues . . but the inference is much more subtile , when m. attorney saith : all which doe apparantly proue , that those ecclesiasticall courts , were vnder the kings iurisdiction and cōmaundement . but m. attorney must not so huddle vp iurisdiction and commaundement , for that no man will deny , but that all sortes of persons ( as before hath byn said ) are vnder the cōmaundement , & gouernement of the temporall prince , whom he may commaund , ech one to doe their office & duty in the cōmon-wealth . and so may he appoint ecclesiastical courts , to notifie their sentences , iudgements , & proceedings to his courts , & his courts to informe the ecclesiastical courts , for good & mutuall correspondence between them both , which we graunt also to be necessary in euery common-wealth . . but iurisdiction , which m. attorney craftely confoundeth heer and shuffleth vp with commaundement , is a far different thing , importing a higher authority in the same kinde : as if the temporall prince haue iurisdiction ecclesiasticall vpon bishops and their spirituall courtes ; then doth it follow that all their power in spirituall matters is subordinate to him , and deriued from him ; and so were there no necessity of this distinction , and subordination of spirituall and temporall courts . for that the prince hauing both powers in himself , might giue the same vnto any temporal iudge to decide ecclesiastical matters also in his court : which yet m. attorney doth often deny , that the common-lawes can take conusaunce of such affaires . and surely it is worth no lesse then laughter , to heare him repeat so often the kings ecclesiasticall courte , as though this were sufficient to proue the kings ecclesiasticall authority in those courts , for that all courts are the kings courts , in that they are vnder his protection , gouernement , and direction , and to the vse , and profit of his people . and so were also the ecclesiasticall courts of king henry the third in this sense , who yet chalenged no spirituall authority therin , as by our whole former discourse you haue seen . . but now let vs contemplate a little the last conclusion of m. attorney vpon this narration . now to commaund ( saith he ) and to be obayed , belongeth to soueraigne and supreme gouernement : which we deny not in the sense , wherin it may be true ; that is , to commaund , and to be obaied in temporall matters , belongeth to soueraignty in that kinde ; and to commaund , and be obaied in spirituall matters , belongeth to soueraignty in those affaires : wherof you haue heard many examples , concerning the sea of rome before alleadged . but for the king , and his temporall officers to demaund a certificate from the bishops court ( for the statute vsed not the word , of cōmaunding or obaying ) to let them know thereby , what the bishops sentence and iudgement is , to the end they may frame theirs accordingly ; this by m. attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires ; and consequently inferreth no ecclesiasticall soueraignty . and if he be not satisfied by that which we haue already alleadged , out of the raigne of k. henry the third , of spirituall soueraignty acknowledged by him , and all his realme in the sea of rome , but would see further some examples in particular of the same soueraignty , or superiority at least , vsed and practised by the bishops of england towards the king himself and realme in that kind ; let him consider these examples following besides the former . . when k. henry the third vpon the . yeare of his raigne falling out with hubert de burgo earle of kent , that had byn his great fauourite , & high iusticer for many former years , cast him into prison , and he escaping , fled to a certaine chappel for sanctuary , from whence the king had caused him to be drawne forth ; roger bishop of london ( for that it was in his diocesse ) came vnto him , and said , that except he caused him to be restored to the place of sanctuary againe , ipse omnes huius violentiae authores excommunicationis sententia innodaret . he would bind all the authors of this violence vsed , by the sentence of excōmunication . and what followed of this ? did the king deny his authority ? or say that he was not vnder his iurisdiction ? or that himself had supreme authority and iurisdiction ouer the bishop in that case ? ( as he might haue done according to m. attorneys assertiō ) no : for the words of mathew paris immediately following , are these : rex autem licet inuitus , reatum suum intelligens , remisit hubertum ad capellain , & vbi captus suerit à militibus armatis , restituitur ab ijsdem , quint● calendas octobris . the king , though against his will , perceiuing his owne fault , sent backe earle hubert to the chappell againe , where he was restored , vpon the fifth day before the calends of october , by the same armed souldiars , that had drawne him from thence . and the same author addeth , that the kings anger was so great , as he commaunded the earles of hartford and essex , to set souldiars about the said chappell , that no meate might be giuen him , vntill he rendred himself . and not many dayes after this the said earle hubert being carried from that chappel , vpon composition , vnto the castle of vise in the diocesse of salisbury , he by help of two souldiars that kept him , escaping thence , got into a parish church neer by , out of which being taken by the kings officers , robert bishop of salisbury , excommunicated them altogeather , with their aiders and defenders , and then went to the king in companie of other bishops , to denounce vnto him the said sentence , who after much resistance , yeelded , saith our author ; et in eadem ecclesia , concedente ( sed inuito ) rege , remissus est . calend . nouemb. and so the said earle hubert was sent backe againe out of the said castle , vnto the church , the king yeelding thervnto , though against his will , vpon the . day before the calends of nouember in the yeare . . the next yeare after this againe , the forsaid roger bishop of london , hauing been at rome , & returned to douer , found there vvalter bishop of carleile in his iourney towards rome , hauing appealed to the pope against k. henry , for certaine iniuries offered him , and to his church , as he pretended ; and albeit the king did not let or forbid his repaire to rome , yet shewing himself much displeased therewith , his officers at the port handled him verie discourteouslie , and denied him passage without the kings licence : which the said bishop of london seeing , excommunicated all the kings officers , that had parte in that violence , and then going to hereford , where the king at that time lay with a great army to inuade vvales , and taking certaine bishops with him , they tolde his maiesty of the abuse committed . which , when the k. seemed not to care for , or not willing to redresse , they renewed there againe in the kings presence , the sentence of excommunication against the said malefactors , and all those that assisted or fauoured them . non mediocriter rege murmurante ( saith our author ) & ne talem ferrent sententiam prohibente . the king not a little repinning , and forbidding them to pronounce any such sentence ; so as heere we see commaunding without obaying in spirituall matters , meeteth with m. attorneys conclusion , that to commaunde , and to bee obaied , belongeth to soueraignty , and supreme gouernement . . and yet further the next yeare ensuing , which was the . of k. henries raigne , the king being highlie offended with the earle marshall of england , for entring into a certaine castle of his owne , by force : praecepit episcopis cunctis , vt mariscallum nominatim excommunicarent . sed illi è contrae communiter dixerunt ; indignum esse , quia castellum , quod suum fuit , occupauit . the king commaunded all the bishops ( being gathered togeather in parlament ) to excommunicate by name , the earle marshall . but they answered him with one voice to the contrarie ; that hee deserued it not , for so much , as he had taken , but his owne castle . and heere againe we see cōmaunding without obaying in spiritual affaires . and if the king had thought himself , to be supreme in ecclesiasticall authoritie , he might haue excommunicated the marshall himself , without depending of his bishops . . and a few dayes after this againe vpon the yeare . the holy man edmund , that afterward was canonized for a saint , being consecrated archbishop of canterbury , at which consecration , the king himself was present with his nobility , and . bishops , ( as our author recounteth ) the said archbishop after his consecration , consulting with the said bishops & nobility , about the pittifull state of the realme , deuided in it self by the kings euill gouernment , that followed the counsaile of pictauians , and other strangers ; the said archbishop went to the king , laid the inconueniences before him , humbly besought him to take the true remedy , which was to dismisse those strangers , and if he would not , he should be forced to vse ecclesiasticall censures against them : et ipse in cōtinenti , cum omnibus , qui aderant , praelatis , in ipsum regem sententiam serret excommunicationis : he would out of hand , with all the bishops there present , pronounce the sentence of excommunication against the king himself . rex autem peris audicas , humiliter respondit ; quod consilijs corum in omnibus obtemperaret , &c. and the pious king hearing this , did answere humbly , that he would in all things obay their counsailes . and so he did , and within few dayes after , he sent away peter , bishop of vvinchester from the courte , which was the cheife of the said strangers that most defended them , and cast into prison another peter surnamed de rhicuallis , that had byn treasurer , and diuers others . so as heere also we see the spirituall authority of clergie-men aboue the king ; not only in the pope himself , but also in the bishops of england , which otherwise were subiects to the said king in temporall affaires . . yea , not only bishops , but other prelates also of lesser degree , haue exercised the same authority spirituall in england , euen against the king when occasion was offered . as for example , when this k. henry had vsed very familiarly & intrinsecally , one raph briton , that had byn his treasurer , he after falling out with him , banished him the courte : and soone after that againe , the said raph being a clerke , and liuing at his chanonry of s. pauls , the maior of london had commission to apprehend him , and send him to the tower , as he did : which doctor lusey deane of pauls vnderstāding , called his chanons togeather ( the bishops of london being absent ) & seeing the violence vsed to a clergy-man , did put the church of s. paul vnder interdict , & pronoūced sentence of excommunication against the doers , maintainers , and fauourers of this vnlawfull act . the king stood stiffe for a time ( saith our author ) but at length , rex dictum ranulphum , licet inuitus , solui , & in pace dimitti praecepit . the king though against his will , did commaund the said raph to be remitted peaceably vnto the place , whence he was taken . . now then these examples and many more which for breuityes sake i pretermit , doe make another manner of proofe of ecclesiastical soueraignty in clergie-men , then doth m. attorneys poore inferēce about the sending for a certificate to the bishops court , concerning matters to be tried therin , as before you haue heard . and by this also you may see , and consider the difference of substance , and substantiall dealing between vs. and so much to this first instance . now let vs examine the second . the attorney . by the aūcient canōs & decrees of the church of rome , the issue borne before solemnization of marriage is as lawfull & inheritable ( marriage following ) as the issue borne after marriage . but this was neuer allowed or appointed in england , and therfore was neuer of any force heere . and this appeareth by the statute of merton , made in the . yeare of henry the . where it is said to the kings writ of bastardy : whether one being borne afore matrimony , may inherit in like manner , as he that is borne after matrimony ? all the bishops answered , that they would not , nor could not answere to it , because it was directly against the common order of the church : and all the bishops instanted the lords that they would consent , that all such as were borne before matrimony should be legitimate , as wel as they that be borne within matrimony , to the succession of inheritance ; for so much as the church accepteth such to be legitimate . and all the earles and barons with one voice answered , we will not change the lawes of england , which hitherto haue byn vsed , and approued . the catholike deuine . . this is the second instance of m. attorney , taken out of this raigne of k. henry ; and we must imagine , that proofes goe hard with him , when to seeme to say somwhat , he is driuen to bring forth such silly ware , as this is . for if all be graunted ( as it may be ) which heere is said , what can he inferre therof , but only , that the lords and barons of the parlament , did not thinke good to alter or change the auncient laws , or customes of the realme , about succession of their children , by legitimation , after matrimony contracted : notwithstanding the church of rome in certaine cases did allow them for legitimate and lawfull , in respect of taking holy orders , enioying benefices , and other like commodityes : what ( i say ) doth this import m. attorneys conclusion , that k. henry tooke vpon him supreme ecclesiastical gouernmēt ? for that this was free for the realme to admitt , or not admit the said legitimation , to the effect of lawfull succession and inheritance . and so the canons themselues doe expresly set downe . . for better vnderstanding wherof , wee must note , that wheras by the auncient ciuill-law , great respect was had euer to children , borne out of wedlocke , if marriage afterward did ensue , notwithstanding they held marriage but only for a ciuill cōtract : so afterward when christian emperours came to beare sway , more indulgence and fauour was shewed therin ; as may appeer by the constitutions , both of constantine the first christian emperour , and zeno that ensued him , and more yet by iustinian , which do most fully in diuers places , both of the code , and nouell constitutions explicate the same . in conformity wherof the canon-law also decreeth in this sorte : tanta est vis matrimonij , vt qui anteà sunt geniti , post contractum matrimonium legitimi habeantur . so great is the force of matrimony ( held for a sacrament among christians ) as it maketh such to be legitimate after it is cōtracted , who were illegitimate before . but yet this is with some restrictions : as for example , that they must be borne , ex soluto & soluta : that is to say both the father , & mother must be vnmarried at the time when the said children are begotten . for if either of them were married at that time , then this priuiledge holdeth not , as * appeareth in the same law . . secondly this legitimation by ensuing marriage , is to bee vnderstood principallie , as before hath said , in spiritualibus : to enable men to ecclesiasticall promotions , though in the popes temporall dominions it may enable them also to temporall succession , but not in the states and dominions of other princes . and this verie distinction or caution is set downe in like manner by the * law it self ; and heervpon is resolued also in a case touching the king of england , by pope alexander the . that albeit the ecclesiasticall iudge must determine of the lawfulnes of marriage it self ; yet the question of temporall succession , or inheritance therevpon depending , must bee decided by the iudges of the temporall courte : nos attendentes ( saith pope alexander to the bishops of london and vvorcester ) quod ad regem pertinet , non ad ecclesiam de talibus possessionibus iudicare , fraternitati vestrae mandamus , quatenus regi possessionis iudicium relinquentes , de causa principali cognoscatis , eamque terminetis . wee considering that it belongeth to the king of england , and not to the church to iudge of such possessions , as depend of legitimation ; we commaund your brotherhoods , that leauing the iudgment of the said possessions to the king and his courts , you examine onlie the principall cause , concerning the loialtie of the marriage it self , and determine the same . . heerby then wee see first , that m. attorney alleadging this instance , hath alleadged nothing at all against vs , or for himself . for that when the earls and barons refused to change the laws of england , concerning inheritance vpon legitimation , they said no more , then is allowed them by the canon-law it self , as you haue heard . and how will m. attorney inferre of this , that k. henry the third , held himself to haue supreme authority ecclesiasticall ; for that this must be his conclusion out of his instance , or els he saith nothing , . and it shall not be amisse to note by the way , how these men doe vse to ouer-lash in their asseueratiōs , to help their feeble cause thereby . by the auncient canons and decrees of the church of rome ( saith he ) the issue borne before solemnization of marriage , is as lawfull and inheritable ( marriage following ) as the issue borne after marriage . but this is not sincerely related : for the canon-law , as you haue heard , putteth diuers restrictions , both in the persons to be legitimated , and in the ends and effects , whervnto they are legitimated ; as also concerning the countries & kingdomes , wherin they are legitimated . of all which variety of circumstances and considerations m. attorney saying nothing , his intention therin may easily be ghessed at . and so much for this matter . of the lives and raignes of king edvvard the first , and second ; father , and sonne : and what arguments m. attorney draweth from them , towards the prouing of his purpose . chap. xi . having now come downe by orderly descent of seauen hundred yeares & more , of the raignes of our christian english kings , & shewed them all to haue byn of one , and the self same catholicke roman religion , & comforme also in the point of this our controuersie , about the acknowledgement and practise of the spirituall power , and authoritie of the sea apostolicke in england , concerning ecclesiasticall affaires : and hauing declared the same so largely , as you haue heard , in three henries since the conquest , of famous memory and authoritie aboue the rest , and the last of them author also , and parent of all statute-law in our realme ; we are to examine now in order three edwardes lineally succeeding the one to the other , and all three proceeding from this last named henry . vnder which edwardes and their ofspring , m. attorney pretēdeth more restraint to haue byn made in some points , of the popes externall iurisdiction , then vnder former kings ; which though it be graunted vpon some such occasions ( as after shal be shewed ) yet will you fynd the matter far shorte of that conclusion , which he pretendeth to maintayne , that hereby they tooke vpon them spirituall soueraingty in causes ecclesiasticall . you shall see it by the triall . of king edvvard the first , vvhich vvas the nynth king after the conquest . §. i. . when king henry the third dyed , his eldest sonne prince edward was occupied in the wars of the holy land , being then of the age of thirty three yeares , who hearing of his fathers death , retourned presently homeward , and passing by the citty of rome , found there newly made pope , gregory the tenth , called before theobald , with whome in tymes past , he had familiarly byn acquainted , whiles he was legate for his predecessor vrbane the fourth , in the said warrs of the holy-land ; who receaued him with all honour and loue , and graunted vnto him ( saith stow ) the tenth of all ecclesiasticall benefices in england , as well temporall , as spirituall , for one yeare , & the like to his brother edmund for an other , in recompence of their expences made in the holy-land . whervpon , when the next yeare after , the said gregory called a generall councell at lions in france ( which was the second held in that place ) of aboue fiue hundred bishops , and a thousand other prelates , king edward sent also a most honourable embassage thither , both of bishops and noble-men . . this king edward beginning his raigne in the yeare of christ . continued the same for almost . yeares , with variable euents . for as he was a tall , and goodly prince in person , high in stature , and thereof surnamed long-shanke ; so was he in mynd also no lesse war-like , haughty , earnest , and much giuen to haue his owne will by any meanes whatsoeuer , when once he set himself theron : though yet when he was in calme , & out of passion , he shewed himself a most religious , and pious prince . . of the later may be example among other things , his speciall deuotion to the blessed virgin mother of our sauiour , which both mathew vvestminster , and vvalsingham doe recount from the very beginning of his raigne , & doe cōtinue the same throughout his life , by occasion of many strange and miraculous 〈◊〉 from imminent dangers , which himself ascribed to the said d●uotion , and to our blessed ladies speciall protection . wherevnto may be referred in like māner , the piety of the said king , shewed in diuers other occasions . as first of all , when in the first yeare of his raigne he voluntarily set forth , published , and confirmed the great charter made by his father in fauour of the church , saying as in the said charter is to be read : pro salute animae nostrae , & animarum antecessorum & successorum nostroruus regum angliae , ad exaltationem sanctae ecclesiae , & emendationem regni nostri , spontanea & bona reluntate nostra , dedimus & concessinius , &c. we haue giuen and graunted freely , & of our owne good will , this charter , for the health of our soule , and of the soules , as well of our predecessours , as successours , kings of england , to the exaltation of holy church , and amendment of our kidgdome , &c. . and the like piety he shewed in many other occasions in like manner , as namely , when he being in his iourney with a great army towards scotland , and his wife q. eleanor daughter to king ferdinand the third of spaine , surnamed the saint , a most vertuous & religious lady falling sicke , & dying neere the borders therof , he leauing his course , retourned backe with her dead body to london : cunctis diebus vitae suae eam plangebat ( saith walsingham ) & iesum benignum iugis precibus pro ea interpellabat , eleemosynarum largitiones , & missarum celebrationes pro ea diuersis regni locis ordinans in perpetuum & procurans . the king did bewayle this queenes death all the dayes of his life , and did by continual prayers , call vpon mercifull iesus , to vse mercy towards her , ordeyning great store of almes to be giuen for her , as also procuring masses to be said for her soule , in diuers partes of the kingdome . . and moreouer in all the places where the said body rested , as it came to london , he erected great goodly crosses in her memory : vt à transeuntibus ( saith vvalsingham ) pro eius anima deprecetur : that such as passed by , seing that crosse , might pray for her soule . and moreouer in particuler , stow out of auncient recordes doth affirme , the said king to haue bestowed two mannors , and nyne hamlets of land , vpon the monastery of vvestminster , for the keeping of yearely obits for the said queene , and for money to be giuen to the poore in almes . . i leaue to speake of many other such actions of his , as that he procured amongst other things , the solemne & most honourable translations of the bodyes of three english saints , in his dayes , s. richard bishop of chichester s. hugh bishop of lincolne , and s. vvilliam archbishop of yorke : he consented also and concurred that q eleanor his mother , should leaue her princely state and dignity , and to be veyled nunne in the monastery of almesbury , and enioy her dowry ( which was great ) that she had in england all dayes of her life , which was also confirmed to her by the popes authority : ( saith mathew vvestminster ) yea and soone after he consented in like manner , that his owne dearest daughter the lady mary also ( to whom he had designed a great and high state by marriage ) should follow the like profession of religions life in the same monastery , though in this later he had much more difficulty to wynne himself to consent thervnto , then in the former . . and finally , this other act also may be added for a full complement of his piety , when he was in good tune , which is recorded by the said mathew of vvestminster that liued at the same time , and perhaps was present ; that in the yeare of christ . which was the tenth before he dyed , being to passe ouer the seas towards his warrs , and hauing extremely vexed his people , both spiritualty and temporalty , with heauy exactions for the same , and in particular broken grieuously with robert vvinchelsey archbishop of canterbury , he being now ready to departe , called all the people togeather , vpon the . of iuly , before the great hall of vvestminster , and there standing vp vpon a certayne scaffolde of timber , the said archbishop of canterbury , newly reconciled vnto him , remaining on the one side , and the earle of vvarwicke on the other , and his little prince edward before him : erumpentibus lachrymis ( saith our author ) veniam de commissis humiliter postulauit , &c. the teares breaking forth , he did most humbly aske forgiuenes of his subiects , for all that he had committed against them , confessing that he had not gouerned them so well , and quietly as became a king to doe , but had taken their goods from them , &c. adding further and saying : beholde i go now to expose my self , and my life to danger for you : wherefore i aske at your hands , that if i returne againe , you will receaue me in the place that now you hold me , and i shall restore vnto you againe all that i haue taken from you , and if i returne not , then take this my childe , and crowne him for your king. whervnto the archbishop weeping abundantly , answered that it should be so , and the people with crying out , and casting vp their armes , promised fidelity , and obedience vnto his ordination . so mathew vvestminster . and this for his piety . . but of the other point of his peremptory and violent proceeding diuers times with his subiects , there want not also many examples , especially in exacting often , and great subsidies at their hands , for his warrs of france , scotland , and vvales , wherin he was continually imployed ; & was the first king in deed , that euer brought vvales to be wholy subiect to england , lecline the last prince therof being taken and slaine , and his brother dauid likewise apprehended , and put to death in london by the same k. edward . . alexander also king of scotland being deceased , and all his issue extinguished , k. edward as chiefe lord , tooke vpon him to decide that controuersie for the succession , and in the end determined the matter in fauour of iohn baliol earle of galloway , against robert bruse earle of valenand , that pretended the same . and albeit the whole nobility , and people of scotland bound themselues by obligation ( which our historyes doe set downe ) to stand to the iudgement of the said k. edward : yet in the end they would not , but assisted the said bruse , & made recourse to pope boniface the . to prohibite k. edward to proceed in that matter , and to commaund him to surcease from his warrs against scotland , which they pretended to be in the protection of the sea of rome : and finally after much bloudshed , and infinite expences , both in this kings tyme and his successours , the of-spring of bruse preuayled in that countrey . . but now ( as i said ) in respect of these warrs , and many necessityes theron depending , k. edward was forced greatly to presse his people with exactions , and to make them forfaite , and buy againe their libertyes , especially that of magna charta , and of the charter of forrest , which as voluntarily , he set forth and published in the beginning of his raigne , as you haue heard : so afterward ( the same not being obserued ) vpon instant suites of his people and nobility , and contributions graunted him for the renouation therof , he confirmed it two or three tymes in his life , & as often reuoked the same againe , vntill he had more money . and last of all , in the yeare . which was the last of his raigne , he sued to the pope for a dispensation of his oath , made in that behalfe to keepe the said charters & priuiledges , affirming them to be made against his wil , & by force of his peoples importunity . . we reade also , that in the yeare . and sixt of his raigne , he did depriue many famous monasteryes ( saith mathew of vvestminster ) of their auncient accustomed libertyes , & namely among others , the monastery of vvestminster , wherin he had receaued ( saith he ) both baptisme , confirmation , and coronation , and wherin his fathers , and other his auncestours bodyes lay . and moreouer , in the yeare . he vsed great violence to all monkes and religious men , that were strangers , and had their monasteryes buylded by straungers in england : for he tooke their monasteries and goods from them , allowing only to euery monke . pence a weeke for his mayntenaunce , for a tyme : & the next yeare after he commaunded vpon the suddaine all the monasteryes of england to be searched , and all their treasure to be taken violently , and to be brought to london to his exchequer , for the charges of his said warrs . and two yeares after this againe , the same king holding his parlament at s. edmunds-bury , and demaunding a great contribution of his people , the clergy denyed it , pretending a new commaundement and constitution lately made by pope bonifacius the eight , wherby he did forbid vnder paine of excommunication , that any such exactions should be paid by ecclesiasticall men , without consent of the sea apostolicke ; wherat king edward being offended , though he would not contradicte the said constitution ; yet he excluded the clergy , that refused to pay , from his protection , and from the protection of the lawes ; whereby they being abandoned , and exposed to all iniuryes , the most of them fell to composition with the king , & so bought out , and purchased their protection againe , more deerer then they might haue continued the same by their contribution . . and as for the archbishop of canterbury that stood constant amongst the rest in that denyall : omnia bona eius ( saith mathew of vvestminster ) mobilia , & immobilia capta sunt in manu regis . all his goods both moueable & vnmoueable were taken into the kings hands . and the same authour doth recount infinite other intollerable vexations , laid vpon them that would not agree to the kings demaunds in those affaires , which were accompanyed with such threates and terrors , as the deane of paules in london , named vvilliam mont-fort , comming one day before the king , to speake for his chanons , was so terrifyed , as he became mute , and fell downe dead before him : which yet ( saith out author ) moued little the king , but that he persisted in his demaundes . and one day sending a knight , named syr george hauering , to the monastery of vvestminster , when all the monkes were there gathered togeather in their refectory , or dyning-place , the said knight proposed in the kings name , that they would graunt him halfe their reuenewes for his warrs , and if any wil deny this demaund ( saith he ) let him stand vp , & shew himself , that he may be handled as one guilty of breaking the kings peace : whervpon all yeelded , saith mathew of vvestminster , and no man would after , with so great daunger , contradicte the kings will. and thus much of his violent māner of proceeding with the church and clergy , wherevnto i might adioyne many other things ; as his dryuing out of the realme the forsaid robert archbishop of canterbury ; his statutes made in the last parlament at carleile the same yeare he dyed , in preiudice of holy churches liberty , which were the first that are read to haue bin made in that kind , and consequently are thought to haue byn a great cause of all the miseryes and calamityes , that fell vpon his posterity , as after you shall heare . . but yet all this doth not proue , that king edward denyed , or doubted of the popes spirituall power , or tooke the same vpon himself , which is m. attorneys case and conclusion . nay rather they doe shew , and proue his acknowledgement of the said authority , if we consider them well , though in certayne points that seemed to extend themselues to temporall affaires , and might be preiudiciall vnto him , he sought to decline and auoyde the execution therof . but in things meerely spirituall , he neuer shewed difficulty . as for example : that his bishops and archbishops went to rome to receaue their confirmation and inuestitures there , and sometymes were chosen also immediatly from thence : as when in the yeare . robert kilwarby archbishop of canterbury was made cardinall by pope nicholas the third , and the monkes of canterbury by request of the king , had chosen his chancellour , the pope would not admitt him , but appointed an other , to witt iohn peckam , prouinciall of the franciscan friers in england , who being admitted , held the said archbishopricke for . yeres vntill he dyed . but as for confirmation and inuestitures , no doubt can be made , but all was to be had from rome , as expresly you may reade of the admission and consecration of vvilliam archbishop of yorke : in romana curia cōsecratus ( saith vvalsingam ) who was consecrated in the court of rome in this same yeare of . by pope martyn the fourth , that succeeded to nicolas . and the same author affirmeth , that the foresaid iohn peckam , archbishop of canterbury being also consecrated in rome , did some two yeares after , call a councell at reading , commaunding all his suffragan bishopps to obserue exactly the decrees of the late generall councell held at lyons by pope gregory the tenth ; nor did king edward mislike or repine any thing at this , as neither he did at another councell called by the same archbishop peckam in the yeare . wherin he endeauored to force all abbots , and other exempted persons to come to the said councell , but ( saith mathew vvestminster ) the abbotts of vvestminsters , s. edmonds-bury , s. albanes , and of vvaltham appealed from him to the pope , without any mention of the king , which had beene iniurious vnto him , if he had taken himself to haue had authority , and that supreme , in ecclesiasticall affaires . . furthermore in the yeare of christ . being the . of king edwardes raigne , when the foresaid robert vvinchelsey was first chosen archbishop of canterbury , the sayd king sent him to rome to be confirmed , and consecrated by pope celestinus the fifth , which soone after gaue ouer the popedome to bonifacius the eight . and three yeares after that againe , to wit . the bishopricke of ely being voyde , and the greater parte of the monkes hauing chosen the prior of their couent for bishop , the other party chose iohn langhton the kings chancellour , who going to rome by the kings fauour & cōmendatiō , to pleade his cause before pope boniface , could not preuaile , nor yet the prior , but that the said pope gaue the bishopricke of ely to the bishop of norwich , and the bishopricke of norwich to the prior , and the arch-deaconry of canterbury to the kings chancellour . . moreouer in the yeare . when pope clement the fifth a french-man , borne in the diocese of burdeaux , was made pope , and came into france in person , first of all others translating the sea of rome to auinion , where it continued seauenty yeares , king edward sent embassadours vnto him , the bishops of lichfield and vvorcester , togeather with the earle of lincolne , presenting vnto him : singula vtensiliae ( saith mathew of vvestminster ) quibus ministraretur ei in camera , & in mensa , omnia ex auro purissimo . all necessary plate for the seruice of his chamber , and table of most pure gold . and at the same time he sent two new bishops elected for yorke , and london , to be confirmed by him : quos dimisit ad propria cons●●●●●tos : ( saith our authour ) whome the said pope clement sent home againe with their confirmation . and finally when not long after , the king fell out with the forsaid archbishop of canterbury robert vvinchelsey , for that he had shewed himself againe not so forward to follow his will in all things : dictum robertum cantuariensem ( saith vvalsingham ) apud dominum papam accusauit rex anglia . the king of england did accuse the said robert archbishop of canterbury , vnto pope clement the fifth , that he was combyned with his enemyes , &c. for the which the said archbishop was cited to appeare before the pope , and suspended from the execution of his office , quousque de sibi impositis legitimè se purgaret : vntill he should lawfully purge himselfe , of the imputations layd against him by the king. whereby we see what authority this king did acknowledge to be in the pope and sea of rome . . we read also , that when in the yeare . king edward was passed ouer with a great army into flanders , and did destroy that countrey by fire and sword , pope boniface sent two cardinall-legates to entreat him , that he would be content to make truce for two yeares , to the intent that peace in the meane time might be concluded , adding further-more saith our author : paenam excommunicationis , & interdicti terrarum suarum : the payne of excommunication and interdict of his countreys , if he yeelded not therevnto : sed rex perpendens , &c. consensit in treguas indictas ( saith he ) the king considering well all circumstances , &c. did consent vnto the truce appointed by the pope . and wheras the next yeare after , by other messengers sent vnto him in canterb. the said pope boniface desired him to put at liberty iohn king of scotland , which he had in hold , assuring him that the king of england should le●se nothing by this : eorum petitioni rex condescendens , respondit , se ipsum loannem , tanquam seductorem , falsum , & periurum ad papam missurum . the king condescending to their petition , made answere , that he would send the said iohn , as a false , & periured deceauer , vnto the pope to be punished by him . and so he did , and they caried him into france with them . . and when afterward in the yeare . king edward was busily attent to his warrs in scotland , and pope boniface enformed by the grieuous complaints of the scottish-men , that k. edward did them iniury , wrote and gaue in commission to the archbishop of canterbury , by an expresse messenger named humbert , to goe vnto the king , and will him to desiste , and to remit the iustice of the matter to be examined and tryed by the sea apostolicke ; anyd though the said king for the present , tooke the matter very grieuously , and sware that he would prosecute his said enterprize to the vttermost : yet a little while after in the same yeare , he sent the earle of lincolne , and syr hugh spencer to the said sea apostolicke , to shew the right of his cause , and what iniuries he had receaued at the scots hands : iusuper & dominum papam deprecarentur , ne mendacij fabricatoribus sinum aperiret : and that moreouer they should beseech the pope , that he would not open his bosome ( of beliefe ) vnto the scottish-men that deuised lyes ; wherevnto the pope hearkening , wished notwithstanding that the king for his cause would giue the truce , for a tyme , by him assigned , wherevnto the king yeelded . . and when in the yeare following the said pope bonifacius vpon instance of the said scottish-men , wrote more earnestly to k. edward in this affayre , alleadging that scotland was in the protection of the sea apostolicke , yea and that it apperteyned also to the temporal right of the church ( by submission belike of the prince and inhabitants thereof at that tyme made ) the king gathering a parlament at lincolne , determined therin first to write himself to the pope about this matter , and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect . the kings letter began thus : sanctissimo in christo patri , domino bonifacio , diuina prouidentia sancta romanae , & vniuersalis ecclesiae summo pontifici : edwardus dei gratia , rex angliae salutem & deuota pedum oscula beatorum . to the most holy father in christ boniface , by gods prouidence supreme bishop of the holy romane , and vniuersall church : edward by the grace of god , king of england sendeth greeting and the deuout kissing of his blessed feete . by which title we may see , in what estimation he held the pope at that day : & albeit in that letter he doth protest , that he doth not send this his iustification for his pretence to scotland , in forme of iudgement , to haue it tryed by the sea apostolicke , as making any doubte therof , but only to enforme his holines conscience : ( which he doth very largely , beginning from the comming of brutus himself into england ) yet doth he conclude beseeching him , not to beleeue the informations of his aduersaryes , and emulators : sed statum nostrum & iura nostra regia supradicta habere velitis , si placet , paternis affectibus commendata . that it may please you to haue our state and kingly right before laid downe , recommended to your fatherly affection . . but the earles and barons , and lay nobility of the land , that wrote a seuerall letter to the pope , as before hath byn said , were more earnest in defence of the kings title , saying : manu tenebimus cum toto posse , totisque viribus , &c. we will hold and defend the same , with all our power and forces , nor will we permit our king , though he would , to leaue of this title . quocirca sanctitati vestrae reuerenter & humiliter supplicamus , &c. wherefore we doe reuerently , and humbly make supplication to your holines , that you will defend our said king , that is a deuout sonne of the catholicke romane church , as also his rightes , libertyes , customes , and lawes , and permit him to continew therin without diminution , or molestation , &c. giuen at lincolne . . and by all this now , we may perceaue the state of things in our countrey at that time , as also the sense and iudgement of k. edward , and his realme about this our controuersie of spiritual , and ecclesiasticall authority . and that if this king did vse sometymes , some rigorous dealing towards the clergy , it was not for that he doubted of their spirituall authority , or esteemed the same to be in himself ; but partly vpon his forsaid necessity of warre , and partly for the emulation conceaued against them , by the laity for their wealth , and other such causes . and as for the lawes which he made in their preiudice , as that of mort-main , wherby is prohibited that any thing shall passe ad manum mortuam : that is to say , to any of their communityes that pay not tribute to the king , without the kings speciall licence , & some other lawes in like manner for restraint ( as it seemed ) of their externall iurisdiction , in certaine affaires ; it proceeded of the same emulation , and complaints of the subiects , begun in the time of king henry the third , as you haue heard , and continued in this mans dayes , as also in the dayes of diuers of his succesors . but this is nothing to our question in hand , though m. attorney hath nothing else but such matter as this , as presently you shall see : for now shall we passe to his obiections vnder this king , which are foure of very small moment , as by handling will appeare . the attorney . in the raigne of k. edward the first , a subiect brought in a bull of excommunication , against another subiect of this realme , and published it to the lord treasurer of england , and ●his was by the auncient common-law of england adiudged treason against the king , his crowne , and dignity , for the which the offender should haue byn drawne , and hanged , but at the great instance of the chancellour and treasurer , he was only abiured the realme for euer . the catholicke deuine . . this case related out of brookes reporte ( if so it be there , for i haue not the booke ) is but a particular case , and shewed only de facto , and not de iure : whereas m. attorneys booke notwithstanding is intituled de iure , as often i haue , and must still put him in mynd . true it is , that he noteth here in the margent , that this was done by the common-law of england , before any statute made . but what reason can he bring , or any man imagine , why we should beleeue this , to wit , that this fact of bringing in a bull of excommunication from rome , against a subiect in those dayes , should be adiudged treason by the auncient common-law of england . for a man may demaund , what is that cōmon-law , or auncient cōmon-law , not made by statute , nor introduced by any common custome that can be proued ? how was it made ? by whome ? where ? at what time ? vpon what occasion ? for to auouch a common-law , and auncient common-law without beginning , author , cause , occasion , or recorde of the introduction therof , is a strange metaphysicall contemplation ; for that lawes doe not growe vp without beginning , but must needs be made or admitted by some prince or people . and whereas we haue shewed from time to time , that all our english princes & people , haue byn catholicks from their first conuersion , vnto this kings time , and vniforme also in this point of acknowledging the spirituall iurisdiction of the sea of rome , and nothing more ordinary among them , then censures , and excommunications from rome , when necessity seemed to require ; how could this auncient common-law come in vre among them , yea , and be auncient in k. edward the first his tyme , contrary to the grounds , and practise of the religion then in vse and euer before , and no mention euer made therof in all antiquity , till ●ow by m. attorney , and that only in the ayre , as you see ? . moreouer we read in mathew of vvestminster , that when this king edward was in his most heat against the clergy , for denying him the halfe of their rents and goods , as before hath byn said , which they did vpon the prohibition of pope bonifacius , he fearing least some men might bring in an excōmunication against himself , and them of the clergy that yelded to pay the same , and therby had bought his protection againe ; he only forbad : subpaena incarcerationis , ne quis contra ipsum regem , & ces qui iampridem suam protectionem quaesiêrant , excommunicationis sententiam promulgaret , prouocatione sacta pro se ad romanam curiam , & pro ipsis . he prohibited vnder paine of imprisonment , that no man should publish my sentence of excommunication against the king himself , or those that had newly sought his protection ; yea his maiesty made a prouocation , or appeale also , as well for himselfe , as for them that stood on his side , to the courte of rome . so as if the king , by speciall decree of his owne , appointed only the paine of imprisonment , for such as should publish any sentence of excommunication against himself , & for himself also appealed to rome ; it is not likely , that the auncient common-lawes of england had made it treason before , against the king , his crowne , and dignity , to publish an excommunication against a subiect , that was a thing most vsuall in those dayes . . well , it may be that for repressing the vnquiet spiritts of some particular subiects ( that vpon light occasions and false suggestions , would procure bulls of excommunication from rome ) some order might be taken at that tyme , for seuere punishment of them , that rashly without shewing the same to iudges appointed for that purpose , should publish the said bulls in england , as we see also at this d●y to be obserued in spaine , naples , sicily , france , and other catholike realmes , where no man may publish such things , without a view and placet of the magistrate appointed to that effect ; and this not for denying , or restrayning the said authority of the sea apostolicke , but for keeping peace , and orderly proceeding among subiects , as is pretended , and for better enforming his holines , if false suggestions haue byn giuen . and that some like order might be at this time in england , may appeere in parte , by another obiection , which m. attorney hath afterward in the life of k. edward the . saying : that in an attachement vpon a prohibitiō , the defendant pleading the popes bull of excōmunication of the plaintiffe ; the iudges demaunded of the defendāt , if he had not the certificate of some bishop within the realme , testifying the excōmunicatiō , &c. wherby it may appeare , that priuate men were obliged to shew their bulls vnto some bishop before they published the same . . but howsoeuer this be , it is euident by this very reporte of m. attorneys text of common-law cited by himself out of the one and thirtith yeare of king edward the third ( which was many yeares after this other case ) that the bringing in , or seruing of a bull of excommunication against a particular subiect , was not held for treason in those dayes . neither did the iudges , make any such inference , which is like they would haue done , if it had byn treason against the king , his crowne , and dignity , by the ancient common-lawes of england in the tyme of k. edward the first , aboue fifty yeares before the later case fell out . and thus much for law ; though it might be , that de facto in those dayes of suspition , when k. edward feared excommunication , as you haue heard , some man , ad terrorem , might be so sentenced by some chief iusticer , or iudge , as would be ready to pleasure the king in all things , as most of them were , though yet the party were not executed , as here is confessed ; or else that there was some other particular aggrauant circumstance in this facte , which here is not set downe , though it may be also , that the reader shall find somewhat therof in m. brookes booke if he looke it ouer , out of whome this obiection without all circumstance is so barely cited . and thus much of this first instance : now let vs contemplate the second , as wise ( no doubt ) as the former . the attorney . the said king edward the first presented his clerke to a benefice , within the prouince of yorke , who was refused by the archbishop for that the pope by way of prouision , had conferred it on another . the king thervpon brought a quare non admisit . the archbishop pleaded that the bishop of rome had long time before prouided to the same church , as one , hauing supreme authority in that case , and that he durst not , nor had power to put him out , which was by the popes bull in possession . for which his high , contempt against the king , his crowne and dignity , in refusing to execute his soueraignes commaundement , fearing to doe it against the popes prouision , by iudgement of the common-law , the lands of his whole bishopricke were seased into the kings handes , and lost during his life , which iudgement was before any statute , or act of parlament was made in that case . and there it is said that for the like offence , the archbishop of canterbury had byn in worse case , by the iudgement of the sages of the law , then to be punished for a contempt , if the king had not extended grace and fauour to him . the catholicke deuine . . here againe is another case or two de facto , wherof m. attorney wil needs inferre de iure . the archbishop of yorke his lands , ( saith he ) were seased by the king , and lost during his life , for that he admitted not to a benefice , within his diocesse , a clerke presented by the king , whereas the same benefice had an incumbent before put in by the popes prouision , according to the custome of those dayes , which incumbent the said archbishop pleaded , that he could not put out : and for this high contempt against the king , his crowne , and dignity , in refusing to execute his soueraignes commaundement ( saith m. attorney ) by iudgement of the common-law , he lost the landes of his whole bishopricke ; but here i would aske m. attorney , what high contempt could this be against the king , his crowne , and dignity , if the archbishop pleaded that he could not doe it , eyther in right , or in power ? not in right , for that nothing was more receaued at that tyme in england , then for the bishop of rome to prouide certayne benefices in england , and not only benefices , but also bishopricks , and archbishopricks , as before in the life of this king , and his ancestours hath byn declared . and as for power , no maruaile if the archbishop durst not vse violence in those dayes , against the popes prouisions , wherby he might incurre excommunication ; for so much as the king himself so greatly respected the same , and made such diligent premunition , least my such excommunication should come against him , as in the answere to the former instance hath byn declared . . and besides this , if the archbishop did put the matter in plea to be trayed , and to the kings writt of quare non admisit , did yeelde so reasonable a cause , as is here touched , & that the king himself had admitted diuers bishops and archbishops by like prouision of popes : how , and with what reason can m. attorney call this answere of the archbishop , so high a contempt against the king , his crowne , and dignitie ? or how could the common-law condemne the same with so great a punishment ? and still i must demaund what is this common-law ? by whome was it made ? how came it in ? where is it founded , either in reason , vse , consent of the people , or authority of law-giuers ? for if it consist in none of these , but only in the particular will and iudgement of the prince himself , neuer so passionate , and in the approbation & execution of these sages , which here m. attorney mentioneth ; then any thing that displeased the said prince , may be called high contempt against his person , crowne , and dignity . and so may be iustified all the most passionate actions , not only of this king edward before recited , but of all other kings whosoeuer . and by the same meanes m. attorney maketh his auncient cōmon-law , ( which often he calleth our birth-right , and best birth-right ) to be nothing else in effect , but the princes pleasure frō time to time , and the execution of his sages , which commonly in those auncient times ( for i will speake nothing of our dayes ) were to wise and sage , to withstand the princes will in any thing . . sure i am , that in this particular fact of seasing bishops lands and temporalityes , vpon any offence or displeasure taken by the king ; as it hath byn vsed by some english princes in their anger , so hath it bin condemned also in diuers parlaments , lawes , and statutes : as in the first yeare of king edward the third where it is thus expressed . because before this time , in the time of king edward , father to the king that now is , he by euill counsellours , caused to be seased into his handes , the temporalty of diuers bishoppes , with their goods , and cattell &c. the king willeth , and graunteth that from hence forth it be not done &c. and againe in the . yeare of the same raigne : vve will and graunt , for vs , and for our heires , that from henceforth , we shall not take , nor doe to be taken into our handes , the temporalities of archbishops , bishops , abbot &c. without a true , and iust cause , according to the law of the land , &c. . and to the end that m. attorney may not say , that this case of his is excepted ; it followeth in an other statute in the . yeare of the same king , saying : vvhereas the temporalities of archbishops and bishops , haue beene oftentimes taken into the kings hand , for contempt done to him vpon writts of quare non admisit , and for diuers other causes &c. the king willeth and graunteth in the said parlament , that all iustices shall from henceforth receaue for the contempt so iudged , reasonable fyne of the party so condemned , according to the quantity of the trespasse , and after the quality of the contempt , &c. which last words may be thought to be added , for that the king had right to present to diuers benefices at that tyme , as particular patrone therof ex iure patronatus , for that the said benefices were fouuded , or erected by himself , or his auncestors : and in those cases , the bishops not admitting such clerkes , as he presented , might doe some iniury or trespasse against him , and therin shew contempt , worthy some fyne , or for-faite , which the law doth here appoint ; especially for so much , as it is be ore recorded that pope innocentius the . presently vpon the first councell of lyons , wrote , as you haue heard in the life of k. henry the third , that he would not let by his prouision , the right of any patrone in presenting to any benefice , wherof he had the aduowson , or ius patronatus . . and as for the other example alleadged heere by m. attorney , for strengthning his instance , of the archbishop of canterbury , saying : that for the like offence the archbishop of canterbury had byn in worse case , by the iudgement of the sages of the law , then to be punished for a contempte , if the king had not extended grace , and fauour to him . if he vnderstand the displeasure taken against archbishop vvinchelsey before mentioned , by k. edward , for resisting his demaund of the one halfe of all ecclesiasticall rents , for which before we haue heard out of mathew of vvestminster , that all his lands and goods were seased into the kings hands : you haue heard also , how the same king afterward repented both that , and other like facts of his , and asked pardon publikly with teares . but if he meane the other offence againe after this , when he accused the said archbishop vvinchelsey to the pope , and caused him to be called to rome , and to be suspended from his office , as before we haue declared : then doth this case make directly against m. attorneys conclusion . for that the king acknowledged the pope to be a superiour iudge , ouer english bishops aboue himself ; and then was the iudgement of those sages named by m. attorney , that thought him so deepely to haue offended in acknowledging the popes authority , farre from the purpose . and howsoeuer it were , cleere it is , that the king seased only vpon temporalityes of the bishops , and tooke not vpon him to depriue them of their spirituall iurisdictions , as queene elizabeth did , when shee fell out with m. grindall her primate and archbishop of canterbury whome she by her ecclesiasticall authority depriued of his iurisdiction , and appointed commissaryes of her owne in diuers countryes , to execute the same iurisdiction as immediate from her self , which this k. edward did not , nor any of his predecessors or successours , vntil k. henry the . and therby shewed , that they pretended nothing of their spirituall authority : & so this example , or instance of seasing vpon tēporalties , either by right or wrong , proueth nothing for m. attorney his purpose . let vs passe then to his . instāce . the attorney . concerning men twise marryed ( called bigami ) whome the bishop of rome by a constitution made at the councelll of l●ons hath excluded from all priuiledge of clergy : whervpon certeyne ●relates ( when such persons haue byn attainted for fello●s ) haue prayed , for to haue them deliuered as clerkes , which were made bigami before the same constitution it is agreed and declared before the king , and his counsell , that the same cōstitution shal be vnderstood in this wise : that whether they were bigami before the same constitution or after , they shall not from henceforth be deliuered to the prelates , but iustice shal be executed vpon them , as vpon other lay people . the catholicke deuine . . about this instance , taken out of a statute made in the . yeare of k. edward the first , it is first to be noted : that albeit , mention be made heere only of the late constitution of the councell of lyons vnder pope gregorie the tenth concerning bigamies , or those that are twise married ; yet is the thing it self of more antiquity in the catholicke church , as may appeare throughout the whole title de bigamis non ordinandis , in the first booke of decretalls , that is to say , that such as haue byn twise married may not take holy orders . but yet for that there was a doubt , whether such men hauing primam tonsuram , or minores ordines , and therby made clerkes , might enioy the priuiledges of clergy-men , for their persons , and goods , suites in law , and the like , which could not be decided but by ecclesiasticall iudges : this controuersie ( i say ) which included many braunches & consequences , especially for england , was defined in the said councell of lyons , and the definitiue sentence , or decision was in these words : begamos omni priuilegio clericali declaramus esse nudatos , & corrections forisae cidaris addictos , consuetudine contraria non obstante : ipsis quoque sub anathe mate prohibemus deferre tonsuram vel habitum clericalem . we doe declare , that all such as haue byn twise marryed , are depriued of all priuiledge of clergy-men , & are subiect to the correction of the temporall magistrate , notwithstanding any custome to the contrary : and we doe forbidd them also vnder paine of excommunication , that they doe not beare ecclesiasticall tonsure , nor priestly habit or apparell of clergy-men . . which decision or declaration of the said generall councell coming forth , presently there arose a doubt in england , whether such bigamies , as had borne that attyre , and tonsure before that tyme , and were now in present necessity , to vse the priuiledge of the clergy , for deliuering themselues out of the secular iustice hand , ought to haue the same or no ; for that it might be presumed , that the councell meant only of these bigamyes , that should beare the habit afterward . vnto which opinion , as to the more pious and pittifull , the bishops inclining , demaunded to haue deliuered vnto them , as clerkes , all such fellons , as had bin clerkes or taken for clerkes before the councell . but the king , and his counsell were of an other opinion , to wit , that pope gregory his decision was in generall tearmes , and excepted none , neyther before , nor after , and thereby vnderstood and meant to exclude all . . this is the case , and this is the decision thereof . and now let the discreet reader iudge , whether this example maketh more for m. attorneys purpose , or against him ; for that here the king & his counsell doe stand more strictly to the obseruaunce of the popes decree as it lyeth , then those bishops themselues , ( who would haue had these bigamyes deliuered vnto them as clerkes ) and therefore vrge to haue it punctually and exactly obserued . and for that men of reason might meruaile , why m. attorney , a man of such accompt in the law , hath brought in such an instance , so impertinent to his purpose , he seeketh to remedy the matter , by this note in the margent : obserue ( saith he ) how the king by the aduise of his counsell , expounded how the said councell of lyon should be vnderstood , and in what sense it should be receaued , and allowed heere . and why is all this diligent commentary thinke you ? forsooth to the end , that you may imagine , that the king and his counsell tooke themselues to be aboue the pope , and generall councell of lyons , for that they tooke vpon them to expound , & admit the said councells decree . by which argument m. attorney , may proue also , that archbishop peckam of canterbury calling a sinod ( as before you haue heard ) of his bishops suffragans , and other prelates , for receauing , publishing , and obseruing the said decrees of the same pope and councell , the very next yeare after it was held , did thinke themselues to be aboue the said pope and councell , and to haue authority ouer them , for that they receaued , allowed , and expounded the same decrees . and doth not euery man see the folly of this kind of reasoning ? . and yet you must note further , that for better bringing in of this argument , m. attorney , straineth the text extremely in three or foure things , to make place for this his note . for whereas in the latin text of the statute ( for k. edward the first put forth in latin , and so is it extant vntill this day ) it is said : quidam praelati s●●quam clericos exigerunt sibi liberandos , &c. certaine prelates did require , or exact , to haue such bigamies deliuered freely vnto them as clerkes , which were made bigannies before the said constitution ; m. attorney saith : certaine prelates haue prayed to haue them deliuered : whereas betwene exigere and rogare , to exacte , and pray , is a great difference in this case . . and againe where it is written in latin : concordatum est & declaratum , coram rege & consilio suo , quod constitutio illa intelligenda fit , quod siuè effecti fuerunt bigami ante praedictam constitutionem , siuè post , de catero non liberentur praelatis , imò fiat de ijs iustitia sicut de laicis : m. attorney to aggrauate the kings accorde and declaration , ouer that of the generall councell , putterh it downe thus : it is agreed and declared , before the king and his counsell , that the same constitution shal be vnderstood in this wise . whereas the latin speaketh in the present tense , it is to be vnderstood , nor hath it the words , in this wise . and where m. attorney saith : they shall not from hence forth be deliuered , but iustice shall be executed vpon them , as vpon other lay men : those shalls b● not in the latin , but rather that they may , or must not be deliuered vnto prelates , but that iustice be done vpon them , as vpon lay men . so that herby you see the labour that m. attorney taketh to draw a little water to his mill , and yet that nothing commeth but puddle , that driueth not but choaketh the same . let vs see his fourth instance , whether it be of any more weight or moment than the rest . the attorney . in an acte made at the parlament holden at carleile in the . yeare of the said king edward the first , it is declared , that the holy church of england was founded in the state of prelacy , within the realme of england , by the king and his progenitors , &c. for them to informe the people in the law of god , and to keepe hospitality , giue almes , and doe other workes of charity , &c. and the said kings in tymes past , were wont to haue their aduise , & counsaile for the safe-guarde of the realme , when they had need of such prelates and clerkes so aduaunced . the bishop of rome vsurping the signories of such benefices ; did giue , & graunt the same benefices to aliens , which did neuer dwell in england , and to cardinalls , which might not dwell here , &c. in adnullation of the state of the holy church of england , desherison of the king , earles , barons , and other nobles of the realme , and in offence , and destruction of the lawes , & rights of this realme , and against the good disposition , and will of the first founders : it was enacted by the king , by assent of all the lords , & communalty in full parlament ; that the said oppressions , grieuances , and dammage in this realme , from thence forth should not be suffered , as more at large appeareth by this act. the catholike deuine . . this parlament of carliele which m. attorney ascribeth to the . yeare of king edwardes raigne , both in his latin and english columns , i doe imagine to be an error , in place of the . for that i fynde no parlament held vpon the fiue and twentith , in which yeare king edward was partely in scotland , and partely in flanders , and there kept his christmasse in the city of gaunt . but vpon the . yeare , which was the last of king edwardes raigne , there was a parlament helde at carliel vpon the octaues of s. hilary . in which parlament there was such a declaration , and complaint made , as here it set downe : that the bishopricks and benefices being often giuen to strangers by the popes prouisions , who residing not in england , nor keeping hospitality , nor being able to preach , or teach , for that they wanted the english language , the church of england , and poore people therof did suffer much inconuenience therby , and for that the bishopricks and prelacyes of the said church , were founded ordinarily by kings and princes of the said land , they said it was reason , that they , as patrones , should present english men to the same . . and these complaints which now we haue heard , began in diuerse former kings dayes , especially vnder king henry the third , and were continued vnder this man , and his successours ; but most of all vrged vnder king edward the third , and king richard the second , by whome greater restraints were made , vntill the sea apostolicke and our kings came to a certaine forme of agreement , as in other countreys and kingdomes also they did , though in different sortes , how benefices should be prouided , to wit , by election of the deane & chapter in some , and by kings and princes nominations in others , as also by prouisions of bishops in lesser preferments : wherein notwithstanding the said sea apostolicke retained diuers gifts to it self , as in sundry countryes is seene at this day , by vse and practice . . well then the states of england at this time said & decreed , that the abuses of bestowing english benefices vpon strangers , were not to be suffered ; especially such as had byn newly brought in by one vvilliam testaw , sent thither out of france by pope clement the fifth , for so testifyeth mathew vvestminster that was then liuing , whose words are these : the king held a parlament at carliele , wherein greater complains , then euer before , were made of the oppression of churches and monasteries , and many extorsions vsed by one maister vvilliam testaw the popes clerke , to whome commaundement was giuen by the assent of the earles and barons , that he should not vse like extorsion for the tyme to come . and moreouer it was ordeyned that for obteyning remedy , certaine messengers there assigned should be sent to the pope . and the very self-same thing writeth thomas vvalsingam . and this is all the remedy , mentioned by these men to haue byn taken at that tyme , to wit , supplication to the pope himself , that he would put thervnto conuenient redresse , which well declareth the respect borne to that sea. . and albeit this statute here mentioned by m. attorney may be supposed also to haue passed at that tyme ; yet may it appeare by the words of other statutes after , in the tyme of king edward the third , that the same was not put in vre vntill his dayes , as in his life we shall shew more particularly . and what maketh all this now for m. attorney ? or what rather doth it not make against him ? for here the whole parlament of carliele acknowledginge the popes spirituall authority , as appeareth by their manner of writing vnto him , complained of certaine abuses , or excesses , streching themselues in a certaine sorte , as they pretended , to temporall commodityes , and sought remedy therof from himself . and can any thing be more cleere against m. attorney then this ? surely at the barre , he durst not for his credits sake pleade in this manner , & much lesse should he doe it in a booke , wherin the speaches remaine longer to the view of the reader , then doe fleeting words to the hearer at the barre . but inough of this . m. attorney pleadeth well where he hath truth and substance for him ; in this cause both doe faile him : and what then can he doe , but cast shaddowes , as here you see that he doth ? of king edvvard the second , vvhich vvas the tenth king after the conquest . §. . . much lesse is needfull to be said of this king , then of the former , both for that his raigne was shorter , and much more troublesome in temporall affaires , which gaue lesse place to spirituall : and now also our authors , that were wonte to note more diligently such matters , doe in great parte faile vs. for that mathew of vvestminster endeth with king edward the first , as the other mathew paris before him , did with this mans father k. henry the third ; and roger houeden before him againe with k. iohn ; and vvilliam nubergensis & petrus blesensis before them , with k. richard ● & vvilliam of malmesbury , henry huntington , as also florentius vvigorniensis with his continuance , made an end of their historyes partly vnder k. stephen , and partly vnder k. henry the first : so as now downe-ward from this king edward the second , we shall only haue raynulph of chester , and thomas vvalsingam for the most ancient writers of this time that doth ensue , who yet are nothing so copious or diligent , as diuers of the former . . this edward therefore second of that name , and surnamed of carnaruan , for that he was borne in that towne of vvales , when his father lay with an army in those partes , to reduce that countrey to subiection , as he did , who being of the age of twenty three yeares , when his father dyed vpon the borders of scotland in the yeare . & receauing two speciall things in charge ( saith vvalsingam ) from his father , vnder paine of his curse : the first , that the should prosecute presently and end the enterprize began against scotland , before he went to london or procured to be crowned : the second that he should not touche or waste , but send to the holy land , a certaine summe of money , which his said father had layed togeather for the assistance of that warr , to the which he had purposed to goe himself in person , if he had liued , ( wherevnto iohn stow addeth a thirde in these wordes : his father charged him on his curse , that he should not presume to call home pierce of gaueston , by common decree banished , without common consent &c. ) notwithstanding all these admonitions and threats , this careles young prince performed no one thing of the three , but got himself presently into france , and there was married in bullen , vnto lady isabell , only daughter of philip the fourth , surnamed the faire , king of france , and in that marriage , and triumphe therof , spent the foresaid money , which prospered afterwarde accordingly : for that this marriage and wife was the cause and occasion not only of his ouerthrow , and miserable ruine , but of all the warrs in like manner , that ensued for many yeares after , betwene france & england . for that shee being the only daughter and heire , as hath byn said , to the king of france , her sonne edward the third , in her title began first the said warrs , which brought finally the losse , not only of that which was gotten of new , but of all the rest , that we had before in france , and shee taking a deepe disgust with her said husband for his disordinate affection to pierce gaueston ( whome presently after his fathers death he recalled from banishment ) the two spencers and others misliked by her , and the greater parte of the realme : shee finally after many troubles , warrs , insurrections , and great store of noble-men cut of and destroyed on both partes , preuailed against the said king her husband ; and hauing on her side the authority of her young sonne the prince , and all his followers , did put downe the said king , depriued him of his crowne , sett vp her young sonne in his place , committed the other to prison , where soone after he was pitifully murthered . and these are the varietyes of worldly fortunes , these the frailtyes and vncerteintyes of earthly greatnes ; and where king edward placed all his pleasure , from the same spring issued forth the beginning and progresse of all his miserie . . but as for his religion and iudgement therein , notwithstanding all other his errours in life and behauiour , that it was constantly catholicke , according to that which he had receaued and inherited from his ancestours , no doubt can be made at all . for that the whole state of his realme , touching ecclesiasticall affaires , remained as he found it , and as it had continued in the tymes of his progenitours ; and that the bishops of rome , had generall authority ouer england in his dayes , not only in meere spirituall iurisdiction : ( which all the bishops of england professed to receaue from him ) but also in externall disposing , when he would , of bishoprickes and other prelacies , notwithstanding all the complaints made in his fathers , and grand-fathers tymes about that matter , may be made euident by many examples . . for first we reade that in the yeare . when pope clement the fifth in a councell at vienna in france , vpon many graue and vrgent causes , as was pretended & alleadged , did put downe the whole order of knights called templarij ( for that their first institution was , to haue care to defend the temple of ierusalem against infidells ) and did appoint their lands ( which were many and great ) to be giuen to an other newer order which then begun , named hospitalary , for that they had the care of the hospitals , wherein pilgrims were receaued ; ( which now are the knights of s. iohn of malta ) & albeit this matter were of such importance and consequence , for that the persons were many , and of nobility , and their possessions great , as hath byn said : yet was that decree obeyed in england without resistance , and the persons depriued , and put to perpetuall pennance in a councell at london anno . and their said lands and goods giuen to the other sorte of knights , and confirmed by parlament in london . yeares after , to wit , in the yeare of christ . which was the . of king edwards raigne , as vvalsingam and others doe testifie , which well declareth what the popes authority was at that day in england . . againe we reade that in the yeare . which was the . of this kings raigne , great warre being betwene england & scotland , king edward had procured that pope iohn the . should send two cardinall-legates into england , to examine the matter how it stood , and to punish by ecclesiasticall censures , that party , that should be found stubborne and repugnant to reason : wher vpon finally , hauing heard both sides , and finding robert bruse king of scotland , to haue offered iniuryes to the king of england , they pronounced sentence of excommunication against him , and put the whole kingdome vnder interdict : for releasing wherof the said king robert , and the state of scotland . yeares after , sent a solemn embassage to the pope , to wit , the bishop of glasco & earle of murray , which being vnderstood by king edward , he sent also a messenger on his behalfe , to contradicte the same . and albeit him embassadour ( saith our story ) in dignity were but a simple priest , yet so many reasons , and accusations he alleadged against them● or k. edward and his c●u●e as the scottish embassadours ●●ld obteyne no release at that time . and this for the popes au●●●●●●y in those dayes for publicke affaires . . but as for priuate matters of england , especially the disposing of bishoprickes , confirmation , & inuestitures of all bishops , 〈◊〉 notorious , and might be declared by infinite examples , that ● remained now , as before vnder all other catholicke princes . for among other points we reade , that when in the yeare of christ . robert vvinchelsey archbishop of canterbury dyed , the monkes of that place according to the custome , chose by the liking and procuration of the king , one thomas cobham , a man of eminent learning and vertue , who going to auinion in france , where pope clement the fifth lay at that tyme , to receaue his confirmation and inuestiture , as the manner was in those dayes , the said pope told him , that long before in the other archbishops life , he had reserued the collation of that archbishopricke to himself , for that tyme , and therevpon pronounced that election to be voyde , adding further this cōsideration ; that england being ●● that day in great troubles and disgust , for that many lords & barons had shewed their mislike against the king , and the king against them : it was needfull to haue in that place of canterbury , a man of great credit and experience in such affaires ; and therefore named one vvilliam reynoldes bishop of vvorcester , and chancellour of the realme at that day , and presently sent him both his inuestiture , and pall ; wherewith the king and queene being greatly contented , were present at his consecration , and so he liued and gouerned . yeares after in that sea , with great commendation . so as we see that the restraint of papall prouisions made at carliele vnder this mans father was not yet put in practice . . and the like reseruatiō we read that pope iohn the . made of the bishopricke of vvinchester afterward in the yeare . and therby did disanull the election made by the monkes of that place , with consent of the king , and placed another of his owne choice , which the king also after some time admitted ; so as this was very ordinary in those dayes . we reade likewise that in the yeare . a parlament being called at london , and king edward growing now , by euill counsaile of the spencers and others , into great disorder , he caused one adam bishop of hereford , that fauoured not his proceedings , to be arrested of treason , & brought forth publickely to be tryed , laying to his charge that he had ●●ceaued , and fauoured diuerse of those barons , which had taken armes against him . but the forsaid archbishop of canterbury , and his brethren bishops seeing this disorder , made first humble supplication to the king , that he might be tryed according to his place & degree , and that not preuayling , they required the same by law , according to the liberties and priuiledges of the church , confirmed by magna charta , & other lawes of the realme . whervpon he was deliuered to the custody of the said archbishop of canterbury : but afterward he being called for againe , by the instigation of such as were his enemyes , and carryed to the barre , the said archbishop of canterbury , and the other of yorke , with ten other bishops went thither in iudiciall māner , with their crosses borne before them , commaunding vnder paine of excommunication , that no man should stay him , or lay hands on him , and so tooke him away to the archbishops custody againe . whereby we may see , in what vigour ecclesiasticall power was at this day in england . and albeit the king being in passion , did storme greatly thereat , and seased presently vpon all the said bishops goods and lands , as he had done vpon those of the bishop of lincolne , and of others before : yet could he not deny , but that this was law & iustice , which the bishops did , according to the ecclesiasticall priuiledges of the realme , whervnto the king himself , and all his ancestours in their coronations , had solemnely sworne . for breaking wherof it may be presumed , that so great a punishment fell vpon him , as soone after ensued , to the horror of the whole world , by depriuation both of his kingdome , and life . and so much of him . now let vs see what instance m. attorney can draw from him to his purpose . it is but one , and thus it runneth in his owne words . the attorney . . albeit by the ordinance of circumspectè agatis made in the . yere of edward the first , and by generall allowance and vsage , the ecclesiasticall courtes held plea of tythes , obuentions , oblations mortuaries , redemptions of pennaunce , laying of violent hand● vpon a clerke , defamations , &c. yet did not the clergy thinke themselues assured , nor quiet from prohibitions purchased by subiectes , vntill that king edward the second by his letters parents vnder the great seale , in , & by consent of parlament , vpon the petitions of the clergy , had graunted vnto them to haue iurisdiction in these cases . the king in a parlament holden in the ● . yeare of his raigne , after particular answers made to their petitions , concerning the matter aboue said , doth graunt and giue his royall assent in these words : we desiring , as much as of right we may , to prouide for the state of the church of england , & the tranquillity and quiet of the prelates of the said clergy , to the honour of god , and the amendment of the state of the said church , and of the prelates and clergy , ratifying and approuing all , and singular the said answers , which appeare in the said act , and all , and singular things in the said answeres conteyned ; we doe for vs , and our heires graunt , and commaund that the same be inuiolably kept for euer ; willing , and graunting for vs , and our heires , that the said prelates , and clergy , and their successours for euer , doe exercise ecclesiasticall iurisdiction , in the premisses , according to the tenour of the said answere . the catholicke deuine . . if a man would aske m. attorney in this place , why he hath brought in this instance , and what he would proue therby , i thinke verily he would be much graueled in answering , especially if we respecte his principall conclusion , that by this and like presidence q. elizabeth might take vpon her supreme authority ecclesiasticall : for that by this narration , nothing else is declared , but that a certaine abuse being crept in , that when any externall matter , seeming any way to belong to temporalityes , was handled in ecclesiasticall courtes , and by ecclesiasticall iudges , the party that feared , or suspected his owne cause , would informe the kings courtes , that the matter belonged to them , and therevpon would get out a prohibition from the chauncery , to sursease in that cause , vntill it were tryed , to which court it belonged . by which deceytfull , and malitions proceeding of some , much trouble was procured , and many causes rested indetermined , both in the one , and the other courte : for so saith the statute it self made in the time of king edward the first this mans father , in these words : vvhereas ecclesiasticall iudges haue oftentymes surceased , to proceed in cases moued before them , by force of the kings writ of prohibition , &c. to the great damage of many , as the king hath byn aduertised by the grieuous complaints of his subiects , &c. for this cause many orders and statutes were made , vnder all three edwards for remedying of this abuse ; as for example vnder edward the first , the foresaid statute hath this determination : that the 〈◊〉 or chief iustice of the king for the tyme being , if they see that the case 〈◊〉 be redressed by any writ out of the chauncery , but that the spirituall 〈◊〉 ought to determine the matters ; that then they shall write to the ecclesiasticall iudges , before whome the case was first moued , to proceed therin , notwithstanding the kings prohibition vnto them before . . and to like effect is this other ordination here mentioned by m. attorney of circumspectè agatis : wherby is ordeyned that temporall iudges shall vse themselues circumspectly in medling with causes that belong to spirituall courtes . and to the same effect is this statute here alleadged vnder king edward the second , as also this other set downe in these words : they that purchase prohibition , and attachement against the ordinaryes , of a thing that belongeth not to the lay court , shall yeeld damages to the ordinaryes , by the award of the iustices . and yet further to the same effect , it was decreed by king edward the third after this manner : that no prohibition goe out of the chauncery , but in case where we haue the conusaunce , and of right ought to haue . . and finally to passe no further in this , the statute made in the . yeare of this king intituled : articuli cleri : articles of the clergy , conteyning sixteene braunches , doe apperteyne to this affaire , to shew , and declare what causes doe belong to the spirituall courte , and what to the temporall , and wherof both the one and the other may take conusaunce ; and consequently in what matters , the kings prohibition may goe forth , or not : all which is cleerly against m. attorney his purpose . for if the temporall prince , were properly head of the one and the other courte , and fountaine both of the one and other lawe , and iurisdiction ; this adoe needed not , but that the king might indifferently dispose of all . . but consider i pray you , m. attorneys note , or commentary in the margent , wherby he would seeme to answere our former demaund , why he bringeth in this instance . by these statutes ( saith he ) the iurisdiction of the ecclesiasticall courtes , is allowed and warranted by consent of parlament , in all cases wherein they haue iurisdiction : so as these lawes may be iustly called the kings ecclesiasticall lawes , or the ecclesiastical lawes of england . so he . and you will easily see herby , how much he delighteth himself in this new witty inuention of his owne , so often repeated by him , wherby he would make the popes canon-lawes , to be the king of englands lawes , for that they are admitted and obeyed in england ● of which sylly consequence , i haue oftentymes made mention before , shewing the weakenes and incongruity therof . for that by this reason the self same canon-lawes receaued , & admitted by all particular states of christendome , may be said to be the peculiar lawes of euery particular state . and if this be a superiority , as m. attorney would inferre , to admit , and allow another princes lawes , then is euery particular state of christendome aboue the pope & generall councells , which made these lawes . wherfore as well in this , as in all the rest , we see the weakenes of m. attorneys cause : and so we shall passe to other princes , that doe follow , leauing this disasterous k. edward the second , who soone after fell into a pitifull plight of calamity , being depriued both of his crowne , and life for his ill gouernment , and his young sonne placed in his roome , as our historyes at large doe declare . of k. edward the third , and k. richard the second his nephevv , and successour : and vvhat instances or arguments m. attorney draweth from their two raignes , which continued betweene them for seauenty yeares . chap. xii . these two are the kings , aboue all the rest , from the beginning vnto k. henry the . vnder whose gouernment , m. attorney gathereth and layeth togeather most obiections , to proue the small respect they had , or vsed in certaine cases and occasions , and at some times , towards the sea apostolicke , and ecclesiasticall power therof ; for that they made most restrictions by penall lawes , and punishments against the practice and vse therof , in certaine cases mixt , as they presumed , and conioyned with temporalityes , or affaires of the state , and so not meerly ecclesiasticall . . for albeit before this , there had byn great murmurings and complaints , as you haue seen , from the tyme of k. henry the . and his father king iohn , against some parte of the exercise of the popes authority , in bestowing benefices and bishopricks vpon strāgers ; as also of the often reseruing the collations of the cheife to himself , and his court , of demaunding , and graunting tithes , & contributions vpon the english clergy , as well for his owne , as other publike necessityes : yet find we not hitherto , any expresse penall law put in vre and practice ( though mention be found of one made at carleile vnder k. edward the first , the . yeare of his raigne ) to this effect , for restrayning prouisions , and other ordinances from the court of rome , and the execution thereof by english subiects , vntill vnder these two kings , edward the . and richard the . and not by the former , vntill after many yeares of his raigne , when by his continuall warrs with france and scotland , his temporall necessityes and other respects drew him therevnto . and some men doe note that the lamentable ends of both these kings ( wherof the worst seemed to some to be that of king edward , though he died in his bed ) togeather with infinite bloudshed afterward by their successours , deuided in their owne bowells , vpon the controuersie of lancaster and yorke , did easily shew how vngratefull to all mighty god this breach of theirs , and violence vsed with their mother the holy church was , though it might seeme to them , and some others also , that it was either in temporall matters , or in ecclesiasticall conioyned ( as hath byn said ) with temporalities ; and that besides , they were vrged therevnto by important clamours of their people , partly vpon emulation against the clergy , and partly vpon some abuses and aggreiuances , as they pretended in their supplications and declarations to the popes themselues about these affaires , pretending to hold still ( as no doubt they did ) their inward faith , beliefe , deuotion , and obedience to the sea apostolicke , though outwardly they were forced to take the way of redresse , against some excesses ; which they did . . and now wee haue already heard , the foresaid complaints oftentymes iterated in the liues of the former kings ; but especially vnder henry the third , and the two precedent edwards , that ●●sued him , which being continued vnder this third of the same name , he being a warriour , & hauing therby all wayes commonly great need of money , was induced at length for increasing his owne temporall wealth , to lay hands vpon the spiritual ; especially such as was wont to goe out of the realme to the court of rome , or accrew to strangers that had benefices , or ecclesiasticall liuings within the realme , both religious and other . to which consideration he had these particular motiues peculiar to his time and state , that he hauing for some yeares before proclaimed himself king of france , and taken the armes and title of that kingdome vpon him , as due vnto him by succession , for that he was next heire male in bloud to king philip the . surnamed the faire , that by his mother queen isabel was his grandfather , and all the popes at that time being french-men , and lying at auinion in france for seauenty yeares togeather , and the most parte of the cardinals and courte being in like manner of the same natiō , that were ordinarily prouided by the popes of benefices and bishopricks in england , and therby not fit , as was pretended , to teach , preach , or reside there : king edward , besides the regard of other inconueniences , entred into ielousie also of state , thinking that these men were enemyes to his pretences in france , and therevpon was the more pricked , to make the prohibitions and lawes , which he did . . but yet writing first therof to the pope himself in most humble , and dutifull manner , requesting redresse and remedy immediately from that sea , as by his letters yet extant doth appeare ; vpon this occasion ( saith vvalsingham ) for that pope clement the . which once had byn archbishop of roane in normandy , a man of eminent learning , but of profuse liberality , made prouisions vnto two french cardinals , for their maintenaunce of two thousand markes a yeare vpon bishopricks and abbeys in england , without the kings knowledge or consent , wherwith he being much offended , commaunded first the procurators of the said cardinals , to surcease and departe the land vpon paine of imprisonment , & then wrote vnto the said pope , that famous letter ( saith our author ) for the liberty of the church of england , which he and others doe set downe ; the title wherof is this , sanctissimo in christo patri , ac domino , domino clemanti , diuina prouidentia sacrosancta romana , & vniuersal●● 〈◊〉 summo pontifici , edwardus eadem gratia rex francia , & anglia , &c. ●●●uota pedum oscula beat●rum . . this is the title , and inscription of his letter , whereby wee may see , what account he made of the sea apostolicke , and bishop thereof . and in the prosecution of the said letter , he layeth downe first how all the bishopricks , prelacyes , and benefices 〈◊〉 england being founded by the deuotion of christian kings , ●ishops and noble-men therof , to the end that the people might be instructed , the poore releiued , the churches serued , the princes assisted by counsaile , and help of the said prelates : ( according to that we haue heard touched before in the statute of * carliele vnder this mans grand-father , and otherwise often repeated vpon other occasions ) all these good ends were said now to be euacuated , by that the sea apostolike reseruing the coll●tions of such spirituall liuings , to the courte of rome , vnfit men ; & strangers for the most parte , were preferred , and therby english-men discouraged and damnified , the patrons of benefices depriued of their right of presentation , & many other such inconueniences ensued . . wherfore considering all these points ( saith the king ) p●●sata etiam deuotionis plenitudine , quae domus nostra regia , & clerus , & ●●pulus dicti regni perstiterunt hactenùs in obedientia sedis apostolica , &c. considering also the fulnesse of deuotion , wherwith our kingly family , as also the clergy and people of our realme haue p●●seuered hitherto in the obedience of the sea apostolicke ; it seemeth right , that you , as a father prouiding for his children , should with paternall affection , alleuiate the burthens of your said children , and permit for the time to come , that patrons of benefices may haue that solace , as to present fit persons , without impeachment to the said benefices , wherof they are patrons ; and that cathedrall churches , & others of the said kingdome may be prouided of pastors , by free elections , &c. wherfore we ●●seech your benignity , to vouchsafe , euen for the honour of god , and saluation of soules , and for the taking away of the foresa●● scandals and offences , to put quickly some whole-some temperament vnto these matters , to the end that wee , who doe ●●●rence , as wee ought to doe , your most holy person , and the holy roman church , in paternae vestra dilectionis dulcedine quie scam●● may rest in the sweetnes of your fatherly loue towards vs. 〈◊〉 ●●●●lissimus , ad regimen ecclesia sua sancta , per tempora prospera & lon●●● . the most high god preserue you , to the gouernment of his holy church for many and prosperous years . giuen at vvestminster the . day of september , vpon the . yeare of our raigne ouer france , and . ouer england . . heere we see with what respect to the sea apostolicke , king edward pretended to make the restraints , which he made of prouisions from rome : and to shew more his confidence and acknowledgement toward the said sea , he sent soone after the very same yeare , vnto the said clement the . a most honourable embassage by henry earle of lancaster and derby , as also the earls , spenser , and stafford , togeather with the bishop of oxford , to treat with the said pope , and lay before him the right which he pretended to the crowne of france , though not in forme of iudgement , or to put the matter in triall ( saith vvalsingham ) but as to a father and friend ; he hauing . yeares before that , written largly of the ground of his said right , vnto this mans predecessour pope benedictus the . and to the whole colledge of cardinals , himself being then at antwerpe , vpon the . of iuly . anno domini . and . of his raigne . . his epistle to the pope had the same title , which the other before ; and that to the cardinals ; amabilium deo patrum sacrosancta romana ecclesiae cardinalium collegio venerando , &c. in the prosecution of which letter to the pope after a large demonstration of his title , he hath these words . non igitur apud vestrae viscera misericordia & sanctitatis , locum inueniat detrahentium informatio amula , &c. let not therefore the emulous informations of detractors , find place in the bowells of your mercie and holines , against such a sonne of yours , as by hereditary right of all his progenitors , doth and will for euer immoueably persist in your obedience , and in the obedience and grace of the apostolicke sea , &c. and we doe intimate this processe of our iustice ( to the said crowne of france ) and of the iniury done against vs , by detayning the same , vnto the preheminence of your holy highnes , that by your supreme , and holy measure of right and equity , ( whervnto belongeth vpon earth to open and shut the gates of heauen , and to whom appertaineth the fullnesse of power , & supereminency of tribunall ) you will fauour our right so much as reson requireth ; parati semper ne dum à vestro sancto cunctis presidente iudicio , imò & à quo●i● alio de veritate contrarij , si quis eam nouerit , humiliter informati . we being ready alwayes to be humbly informed of the truth of the contrary , not only from your holy iudgement , which gouerneth all , but from any other , that knoweth the same . . so k. edward to the pope at that time , concerning his great controuersie of france . and albeit he was neuer wholy deuoid of the ielousies & suspicions before mentioned , that those french popes did fauour more his enemies the kings of france , then himself ; and did assist them also oftentymes with graunts of great pecuniary succours , vpon the clergy , as himself in some letters doth complaine : yet did he neuer for this , loose any inward respect , reuerēce or obedience to the said sea apostolicke : no , nor did the said sea cease for many years after , to vse her auncient custome of prouiding bishopricks , and prelacies in england , though commonly they were english-men only . as for example , the very next yeare after , to wit , . and . of king edwards raigne , the said pope clement made bishop of norwich one vvilliam bate-man , that had byn auditour of his pallace and courte in auinion . and in the yeare . pope vrbanus the fifth made bishop of lincolne by his prouision , one iohn buckingham , and of chichester one vvilliam lynne , and king edward admitted the same without resistance . and foure years after that againe , the same pope , vpon the death of simon islep archbishop of canterbury gaue that bishopricke by his prouision to simon langtham , that was bishop of ely , and translated iohn barnet bishop of bath from that sea , to ely , and one m. iohn harwell , being commended greatly by prince edward of vvales to the said pope , was admitted by him , to the said bishoprick of bath ; as also vvilliam vvickham , bearer of the kings priuy signet , was preferred by the said pope , vnto the bishopricke of vvinchester , domino rege procurante ( saith walsingham ) that is , king edward procuring and labouring for the same . . and two yeares after this againe , in the yeare . we read , that the foresaid simon langtham , being made cardinall by pope vrbanus , and therevpon resigning his archbishopricke of canterbury , the pope by his prouision , gaue the same to vvilliam vvriothesley bishop of vvorcester ; and the foresaid lynne bishop of chichester , he translated vnto the bishopricke of vvorcester ; and vnto the church of chichester , he promoted one vvilliam roade . in all which wee read not , that k. edward made any difficulty . and the very next yeare after this againe , wee find registred , that the same pope prouided the churches of norwich , hereford , and exce●●● of bishops by his owne prouision ; only it is said of the later of the three , quod thomas brangthingham fauore literarum domini regis edwardi , ad exoniensem ecclesiam promotus est . thomas brangthingham was promoted by the pope , to the church of excester , through fauour of the letters of k. edward . . and finally this matter went on in this manner , vntill towards the later end of k. edwards raigne , when he growing old and feeble , as well in iudgement , as in body , and matters depending most vpon his sonne iohn of gaunt , who was a disorderly man in those dayes , and much cried out vpon , by all the common-wealth , as may appeare by that he was afterward deposed by parlament from al gouernment ( though it lasted not long ) & shewed himself enemy to the state of the clergy , as soone after he well declared , by the imprisoning of vvilliam vvickham bishop of vvinchester , assayling courtney bishop of london , fauoring the famous hereticke iohn vvickcliffe at his beginning publickly , and other such signes and demonstrations : at this time ( i say ) being the . of the raigne of k. edward , according to vvalsingham , or . according to polidor , ( though the booke of statutes doth appoint in the . and . years of the said kings raigne ) were the statutes made ( or perhaps begun to be put in execution ) against recourse to rome , except in causes of appellation , and against prouisions of benefices to be gotten or procured from thence , & not at home , by the patrons thereof . rex edwardus ( saith polidor ) primus omnium de consilij sententia , indixit immanem illis paenam , qui in posterum impetrarent vbiuis gentium anglicana sacerdotia à romano pontifice , aut causas , nisi per appellat tonem , ad eundem deferrent , &c. lex prouisionis siue de praemoneri vocitatur . king edward first of all other kings , by the sentence of his counsell , did decree most horrible punishment vnto those , that for the time to come , should in any parte of the world , obtaine english benefices from the pope of rome , or should carry any causes vnto him , but only by appellation . the law is called the law of prouision , or praemunire . . and the same author addeth further , that pope gregory the . hearing of this law , tooke the matter greiuously , and wrote to king edward for the reuocation therof : but there ensuing presently a great schisme in the church of rome , which endured allmost . years , vntill the tyme of martin the . king edward also not liuing many years after , and the disordinate gouernment of his nephew k. richard the . with the tumultuation of the vvickcliffians succeeding , nothing was done therin . and yet doth it appeare by vvalsingham , that vpō that very same yeare of . which was the . of k. edwards raigne , there was a treaty begun in the moneth of august , at bruges in flaunders , between embassadors sent both from the sorsaid pope gregory , and king edward , to treat of these points , and that the said treaty endured almost two yeares : et tandem ( saith he ) concordatum est inter eos , quod papa de catero , reseruationibus beneficiorum minimè vteretur ; & quod rex beneficia per literas ( quare impedit ) vlterius non conferret . at length it was agreed between them , that the pope for the time to come , should not vse reseruations of benefices to himself ; and that the king should no more bestow benefices by his writ of quare impedit . . thus much writeth vvalsingham , and toucheth no other points ; which yet probably may be presumed , to haue byn treated at that time , & namely that the kings for the time to come , should haue the nominations of bishops , and the pope only the confirmation and inuestiture , except in certaine cases , as afterward we haue seen practised , not only in england , but in most catholicke kingdomes round about : but this by concession and agreement of the sea apostolicke it self , without any least intention in the said princes , to deny the supreme spirituall power , & authority of the said sea ; & much lesse to take it vpon themselues , as m. attorney would inferre that they did , out of these peeces of statutes , which he alleadgeth for that purpose . whervnto now we shall answere breifly , as they ly in this booke . m. attorneys obiections out of the raigne of king edvvard the third . §. i. . for that these obiections are many , and little pertinent , as you will see , to the manie conclusion which he should proue , that this king did take supreme spirituall authority and iurisdiction vpon him . and for that the grounds of all that is heer obiected , haue byn discussed and answered , in that wee haue set downe before ; and this booke groweth to more length then was purposed at the beginning ; and finally for that the law-book●● 〈◊〉 cited , of collections and obseruations by later authors ( which bookes i haue not by mee ) are of small authority to our purpose : i shall passe ouer the said obiections , with the greatest breuity that i can , remitting mee for the most part , to that which before hath byn said , and answered . the attorney . an excommunication by the archbishop , albeit it be disanulled by the pope or his legats , is to be allowed ; neither ought the iudges , giue any allowance of any such sentence of the pope , or his legate . the catholicke deuine . . this assertion i doe not see how it can be admitted for true , as it lieth ; for so much as no author maketh mention , that k. edward did euer deny absolutely the popes authority , to excommunicate by himself , or by his legats in england , especially vpon the . yeare of his raigne , as heere it is noted in the margent , when he was most deuout to the sea apostolicke , & wrote the humble letter before mentioned , the next yeare after , according to the date of the said letter , as you haue heard : only there might be this accorde between them , for more authority of the said archbishop , and peace of the realme ; that when he had giuen forth any excommunication , no annullation therof from the pope ( which might perhaps be procured by false suggestion ) should be admitted or executed , vntill the pope were informed of the truth , & this is vsed also in other catholicke kingdomes , at this day . . and it were to much simplicity , to imagine that english men in those dayes , admitting the archbishops excommunication , as heer they doe ( and for confirmation therof we doe read in vvalsingham that vpon the yeare . and . of king edwards raigne , iohn stratford archbishop of canterbury , threatned the said king to excommunicate all his counsell , if he amended not certaine points , wherin they offered iniury to clergy men ) it were simplicity ( i say ) to thinke that the said archbishops excommunication , could not be controlled by that of the pope , from whom they acknowledged the said archbishop at that time to haue his spirituall authority , if he had any at all . for frō whence should they imagine him to haue it ? for that the kings , as we haue seen , had not so much as the nomination or presentation of archbishops in that season , but only the popes , & much lesse their induction , confirmation , or inuestiture . whervpon it must needs follow , that he which gaue them spirituall iurisdiction , had greater & higher iurisdiction himself , though in some cases by agreement , not to be vsed , as before hath byn said . the attorney . it is often resolued , that all the bishopricks within england , were founded by the kings progenitours , and therfore the aduowsons of them all belong to the king , and at the first they were donatiue : and that if an incumbent of any church with cure dy , if the patron present not within six moneths , the bishop of that diocesse ought to collate , to the end the cure may not be destitute of a pastor . if he be negligent by the space of six moneths , the metropolitan of that diocesse shall confer one to that church : and if he also leaue the church destitute by the space of six moneths , then the common-law giueth to the king , as to the supreme within his owne kingdome , and not to the bishop of rome , power to prouide a competent pastor for that church . the catholicke deuine . . is it be true which m. attorney hath so often repeated before , that the conusaunce , and deciding of ecclesiasticall causes , doe not appertaine to the common-law , and that the prouision or induction of clerks to benefices , and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice , be of the number of those causes , which i take to be set downe in like manner by m. attorneys owne pen before , vnder the names of admissions and institutions of clerks : then how can it be true , which heere is said , that the common-law giueth to the king , as to the supreme , to prouide competent pastors for that , or those churches , that within the space of a yeare and halfe , are not prouided by the particular patron , diocesian , or metropolitan ? or where is this common-law ? how , or when did it begin ( as often elswhere i haue demaunded ) ? either by vse , or statute , or common agreement between the prince and people ? for none of these haue we heard of hitherto , vnder former kings , though for presenting and nomination to benefices , we haue oftentymes said , that there is no difficulty , but that the temporall prince , may present in such benefices , or bishopricks , as he is patron of , either founding the said benefices , or by particular concession of the sea apostolicke vnto him ; as we haue shewed more largly before in the life of k. vvilliam the conquerour , and before him againe vnder k. edward the confessor , to whom the sea of rome in those dayes , gaue spirituall iurisdiction also , in some cases , ouer the abbey of vvestminster , & some other places of his realme . . but that the common-law should dispose of these things , and especially giue spiritual iurisdiction to the king ouer benefices ; ( for so must the meaning of m. attorney be , if he delude not his reader with equiuocation of words ) this ( i say ) is both contrary to his owne rule before set downe , and much more to reason . for that to giue ecclesiasticall iurisdictiom , is much more , then to haue the conusaunce of ecclesiasticall causes : which he denying to his common-law , in diuers places of his booke , as before we haue seen , cānot in reasō ascribe to th' other . . wherefore though we graunt this graduation heer set dovvne , as good and conueuient , that if the particular patron doe not present within six moneths , nor the ordinary , or metropolitan within their tymes prescribed , the prince as supreme gouernour of the common-wealth to see all things done in due order , may present , as if he were patron , to the said benefice ; yet first this cannot come originally from the common-law , for the reasons alleadged . secondly this proueth no spirituall iurisdiction at all in any presentor , but only power of presentation , which may be in any man that hath ius patronatus allowed by the church and head therof , as before hath byn said . thirdly much lesse doth this proue supreme authority spirituall in the prince , as m. attorney would inferre , which is euident among other reasons by this : for that the prince when he doth present in this manner , by lapse of tyme , or omission of others , is the last in power of presentation , after the metropolitans and bishops ; which yet should be first , if he were supreme in that sorte of authority , and that the matter went by rigour of law , & not by composition & agreemēt . and finally for that the prince in this case cannot put in a pastor immediatly from himself , giuing him spiritual iurisdiction ouer soules ; but must present him to the bishop or metropolitan , to be induced by him , & indued with that iurisdiction : which he should not doe , if his owne authority spirituall were greater then the said bishops or archbishops . and so we see that m. attorney proueth nothing by this allegation against vs , but rather against himself . the attorney . the king may not only exempt any ecclesiasticall person fro●●● the iurisdiction of the ordinary , but may graunt vnto him episcopall iurisdiction , as thus it appeareth there , the king had done of auncient tyme to the archdeacon of rick-mond . all religious or ecclesiasticall houses wherof the king was founder , are by the king exempt from ordinary iurisdiction , and only visitable and corrigible by the kings ecclesiasticall commission . the abbot of bury in suffolke was exempted from episcopall iurisdiction , by the kings charter . the king presented to a benefice , and his presented was disturbed by one that had obtained bulles from rome , for which offence he was condemned to perpetuall imprisonment . tithes arising in places out of any parish the king shall h●●e , for that he hauing the supreme ecclesiasticall iurisdictio● , is bound to prouide a sufficient pastor , that shall haue the cure of soules of that place , which is not within any parish . and by the common lawes of england it is euident , that no man vnlesse he be ecclesiasticall , or haue ecclesiasticall iurisdiction can haue inheritance of tithes . " the king shall present to his free chappels ( in default of the deane ) by lapse , in respect of his supreme ecclesiasticall iurisdiction . and fitz-herbers saith , that the king in that case , doth present by lapse , as ordinary . the catholicke deuine . , heere be diuers particulars breifly touched , which i shall answere with like breuity , especially for so much as they are but notes , and obseruations out of particular collections of law-writers , and not laws nor statutes themselues . first then it is denied , that in the time of this k. edward the . his raigne , either he , or any other prince temporall , could exempt any ecclesiasticall person from the iurisdiction of his ordinary bishop , and much lesse graunt vnto him episcopall iurisdiction , as of himself , and by his owne power : only he might procure it by his suite to the sea apostolicke , as before hath byn shewed , vnder k. edward the confessor , and other kings before the conquest , and diuers after also , namely k. henry the third and his children . and whatsoeuer is said heer to the contrary for those dayes , is either ●ror or mistaking , for that it was common catholicke doctrine ●● that time , as it is now , that episcopall iurisdiction cannot be giuen by 〈◊〉 , but by him that hath it eminently , & with superiority in himself : which must be by ordination , commission , & descent from th'apostles , to whom it was giuen in capite , as before we haue declared to descend downe by succession , and the said ordination and imposition of hands to the worlds end vpon bishops , prelates and pastores , by lawful subordination the one vnto the other : which cannot fall vpon any lay princes , that haue not this ordination ecclesiasticall , as euery man of iudgement , and void of passion , will easily see and discerne . and the example before alleadged of the great christian emperour valentinian the elder , that professed himself to be vnum de populo & non de clero , one of the lay people , and not of the clergy , and consequently not to haue authority to iudge among them ( and much lesse to giue or exercise spirituall iurisdiction ) doth shew what the faith and practice of the catholicke church was in this point , aboue twelue hūdred years gone . . heerby then it is euident how those religious houses , wherof king edward was founder , & namely the abbey of bury ( which is the . obiection ) were exempted by the kings charter from episcopall iurisdiction , to wit , the king procured the same first from the sea apostolicke , & then confirmed it by his charter , as by many examples you haue seen diuers precedent chapters of this booke , and namely vnder king edward the confessor , king edgar , king kenulph , and king inas before the conquest . . if one was condemned to perpetuall imprisonment for disturbing the kings presentation by the popes bulles , it is a question de facto , as you see , & not de iure : and such might the kings anger or offence be , as he might also be put to death for it ( some iudges neuer wanting to be ready to satisfie princes pleasures in such affaires ) & yet this doth not proue the lawfulnes of the fact . and we haue seen before , that this king edward the . vpon the . yeare of his raigne , promised the pope that he would neuer vse more that manner of proceeding by his writts of quare impedit , wherby it is like , this man was so greiuously punished . . the instance of tithes allotted to the king for maintenance of a pastor , in places without the compasse of any parish is a very poore and triflying instance . first , for that those places , that are out of all parishes , are to be presumed to be very few ; and secondly what great matter is it , if so small a thing be left in depossto with the king , for vse of the incumbent that is to ensue . we haue seen in our dayes , that tithes and rents of the archbishopricke of toledo ( for example in spaine ) being valued at three hundred thousand crownes by the yeare , were depositated many years togeather in the kings hands that last dyed , whiles the archbishop carança was called to rome , & imprisoned there , vpon accusations of heresie , and other crimes laid against him : and in the end sentence being giuen , a great parte of that money was graunted to the said king by the sea apostolicke , for his wars against infidels . and yet doth not this proue that the king of spaine had this by any spirituall iurisdiction of his owne , but by concession of the sea apostolicke . . and wheras m. attorney saith heere , that by the common laws of england it is euident , that no man vnlesse he be ecclesiasticall or haue ecclesiasticall iurisdiction , can haue inheritance of tithes . i would aske him first , how he proueth that the king of england had these tithes by inheritance , and not by ordination , agreement , or conuention . and secondly how his common law can determine , that no man may enioy tithes , but he that hath ecclesiasticall iurisdiction : wheras before in the . leafe of his booke , he maketh tithes to be an ecclesiasticall cause , and out of the conusaunce of the said common-law . . and finally his last inference , that for so much as the king is to present to his free chappels in default of the deane , by lapse , that this is done in respect of his supreme ecclesiasticall iurisdiction , is altogeather childish . for that first , to present , includeth no ecclesiasticall iurisdiction at all , and much lesse supreme ; and may be exercised by meer lay-men , as before hath byn declared at large vnder king vvilliam the conquerour . secondly for the king to present to his free chappels , was as much to say in those dayes , as that those chappels being made free , and exempted by priuiledges and franquises frō the sea apostolicke ( for otherwise they could not be freed from iurisdiction of their ordinary ) the king presented vnto them , by vertue of the canon-law , and commission of the said sea apostolicke , as founder therof . . and thirdly , that he presented after the deane , and by lapse only , and not in the first place , signifieth plainely , that his iurisdiction in that point ( if presentation may be called iurisdiction , as in some sense it may ) was lesse then that of the deane . and so fitzherberts words are to be vnderstood , that in that particular case the king presēted by lapse , as ordinary , that is to say , wheras in other benefices , when the patron , or partie to whom the election , nomination , or presentation first & cheifly appertaineth , presenteth not within such a tyme , the ordinary may present , as hauing ( by composition ) the second right , or power in that case , and after him the metropolitan , and last of all the king. heer in the case of free chappels ( wherof the king is presumed to be founder ) after the deane , which hath the first right ( and this by no other meanes , then by cōcession of the sea apostolicke in those dayes ) the king by priuiledge of the same sea , had right to enter in the second place insteed of the bishop , which proueth the quite contrary to m. attorneys conclusion : for it sheweth that the king had not supreme ecclesiasticall iurisdiction in the case proposed , but secondary , and subordinate to that of the deane . but let vs see further . the attorney . an excommunication vnder the popes bul is of no force to disable any man within england , and the iudges said , that he that pleadeth such buls , though they concerne the excommunication of a subiect , were in a hard case , if the king would extend his iustice against him . if excommunication , being the extreme and finall end of any suite in the court at rome , be not to be allowed within england ; it consequently followeth that by the ancient common-laws of england , no suite for any cause , though it be spirituall , rising within this realme , ought to be determined in the court of rome ; quia frustra expectatur euentus , cuis effectus nullus sequitur : and that the bishops of england are the immediate officers and ministers to the kings courts . in an attachment vpon a prohibition , the defendant pleaded the popes bull of excommunication of the plaintife : the iudges demaunded of the defendāt , if he had not the certificate of some bishop within the realme , testifying this excommunication ; to whom the counsell of the defendant answered , that he had not , neither was it , as he supposed , necessary ; for that the buls of the pope vnder lead were notorious inough : but it was adiudged that they were not sufficient , for that the courte ought not to haue regard to any excommunication out of the realme : and therefore by the rule of the courte , the 〈◊〉 was thereby disabled . reges sacro oleo vncti , sunt spiritualis iurisdictionis capaces . the catholicke deuine . . all that is heere said against the acceptance , or admittance of the popes bulls for excommunication in england ( for of this only as speach in this place ) if it be meant of this k. edwards time only ( as according to the argument it must , and we haue seen that vnder former kings the contrary was allwayes in practice ) how then doth m. attorney talke heere againe of his auncient common-lawes ? for if it began first vnder this king , then was it a new law , and not auncient : and if further wee find no decree or statute therof at all in this kings life , as hitherto we haue not , nor doth m. attorney cite , or quote any , then might it be a matter only de facto of some iudges , who according to the current of that time , and as they should see the king affected , pleased or displeased with the popes of those dayes , would reiect , or admit their buls at their discretion . and then doe you see , vpon what goodly ground , m. attorney inferreth his conclusion ; that if the popes buls of excōmunication were not respected in those dayes , it consequently followeth , that by the auncient common laws of england , no suite for any cause , though it be spirituall , rising within this realme , might be determined in the courte of rome . and why so ? for that the popes excommunication was not obayed in england . . but i would aske him whether no sentence could be giuen , without excommunication ? or whether to such as beleeued the popes authority in those dayes , it were sufficient in conscience , that the said excommunications were not admitted by some iudges in their tribunals ? or at least-wise no iudiciall notice taken of them , except they came notified also from some bishop , as the second case heer set downe doth touch , & therby insinuateth the solution of the whole riddle , to wit , that iudges were not bound vnder this k. edward , to take publicke and iudiciall notice of anie bull of excommunication come from abroad , and presented by any priuate person , except the same came notified from some bishop in authoritie within the realme . which caution is vsed also at this day , in diuers other catholicke countreys round about vs , for auoiding trouble , deceit , and confusion , to wit that bulls and other authenticall writings from rome , must be seen , and certified by some persons of authority within the realme , before they can be pleaded in courte , or admitted generally . . to the last instance , that kings annointed with sacred oyle , are capable of spirituall iurisdiction , we denie it not , but graunt with the great ciuill-lawyer baldus before mentioned , and all canonists , that diuers cases of spirituall iurisdiction , may be graunted by the sea apostolicke vnto annoynted kings , and so often it hath been done ; especially to kings of england , as former examples , haue declared , namelie of k. edward the confessor . but this assertion of capacitie , & abilitie , to receiue some sorte of spirituall iurisdiction , if it be committed vnto them ; doth not proue that they had the said iurisdiction in themselues , or of themselues , by vertue of their crownes , or annoynting , as m. attorney would haue men beleeue . but let vs heare further . the attorney . where a prior is the kings debitor , and ought to haue tithes of another spirituall person ; he may choose either to sue for subtraction of his tithes in the ecclesiasticall courte , or in the exchequer , and yet the persons , and matter also was ecclesiasticall . for seing the matter , by a meane , concerneth the king , hee may sue for them in the exchequer , as well , as in the ecclesiasticall courte , and there shall the right of tithes bee determined . and fitzh . in his nat. br. fol. . holdeth , that before the statute of the . of e. . cap. . that right of tithes were determinable in the tēporall courts , at the election of the partie . and by that statute assigned to be determined in the ecclesiasticall court , and the temporall courte excluded therof . and the courts of diuers manners of the kings , and of other lords in auncient times , had the probates of last wills and testaments ; and it appeareth by the . hen. . fol. . that the probate of testaments did not appertaine to the ecclesiasticall courte , but that of late time they were determinable there : so as , of such causes , and in such manner , as the kings of the realme , by generall consent and allowance haue assigned to their ecclesiasticall courts , they haue iurisdiction by force of such allowance . the king did by his charter translate canons secular into regular , and religious persons , which hee did by his ecclesiasticall iurisdiction , and could not doe it , vnlesse he had iurisdiction ecclesiasticall . the abbot of vvaltham died in the . yeare e. . and one nicholas merrit was elected abbot , who , for that the abbey was exempt from ordinarie iurisdiction , was sent to rome to be confirmed by the pope . and because the pope by his constitutions had reserued all such collations to himself , he did recite by his bull , that he hauing no regard to the election of the said nicolas , gaue to him the said abbey , and the spiritualties and temporalties belonging to the same , of his spirituall grace , and at the request ( as he fained ) of the king of england this bull was read , and considered of in councell , that is , before all the iudges of england ; and it was resolued by them all that this bull was against the laws of england , and that the abbot for obtaining the same , was fallen into the kings mercie , whervpon all his possessions were seased into the kings hands , as more at large by the said case appeareth . where the abbot of vvestminster had a prior & couent , who were regular , and mort in law ; yet the king by his charter did deuide that corporation , and made the prior and couent a distinct and capable bodie , to sue , and be sued by themselues . the catholicke deuine . . the first case of this instance about tithes and probates of testaments , is a verie trifling thing to proue m. attorneys great cōclusion , of supreme authoritie ecclesiasticall to be in the temporall prince & his courts . for as these things , and like other , are in parte belonging to spirituall iurisdiction , in that they concerne benefices ; the willes and ordinations of dead men for the benefit of their soules , & the like , partlie also belonging to temporall , in that they include temporalities & worldly substance , they may in different respects appertaine also to differēt courts , and so they doe in other catholicke countreys at this day : and namelie for probates of testaments , in no other countrey ( perhaps ) besides england , are they limited onlie to the bishops spirituall courts . about which wee haue the foresaid statutes of circumspectè agatis vnder k. edward the first , and of articuli cleri vnder k. edward the . and diuers other ordinations vnder this king edward the . but how proueth all this m. attorneys principall conclusion ? and how far of is this from inferring supreme ecclesiasticall iurisdiction to be in the temporall prince ? is it not strange , that such a man as m. attorney , would alleadge such toyes ? but let vs goe forward . . if k. edward did translate by his charter , the canons secular into regular , as heere is said , wee must presume he did it ( as before you haue heard k. henry the . to haue done it at vvaltham ) by authority of the popes br●ue , confirmed by his charter , and not otherwise . for as well could k. henry the . haue do●e it of his owne authoritie , if it had been annexed to his crowne , at this k. edward the . and therefore seing the other obserued the canons of the church , and presumed not to doe it of himself , but by the popes licence and charter , and ratified by his owne , it may be presumed that this king did the same , for so much as the same canon-law stood still in force . and so it may be suspected , that this case hath somewhat omitted couertly that should appertaine to the full declaration therof . . the other case also of nicolas morris chosen abbot of vvaltham , that went to rome and got his inuestiture there , by reseruation of the pope , and not by his election in england , fell out at that verie time , as heere is noted , when the contention was most in heat between the king and french popes , about reseruation of benefices , to wit , vpon the . of the kings raigne , the said popes agreeing soone after to vse no more the said reseruations . so as no great maruaile of the iudges of those dayes , did moue the king to make some demonstration of speciall offence against this man , the controuersie being then in handling : but this is an instance de facto and not de iure . . lastlie the case of the abbot of vvestminster made , by the kings charter , a distinct bodie , capable to sue , and to be sued , was a temporal priueledge , which any prince might giue to a couent , if it vvere commodious for them , and they willing to accept thereof : and if not , they would haue reclaimed in those daies , and haue appealed to the sea apostolicke for remedie , as the vse and right was at that time , and as oy diuers examples appeareth of appellatiōs made against the king himself , during his raigne ; as namelie that of the bishop of ely , recounted at large by vvalsingham in the yeare . and others . . the six instance consisteth of certaine statutes , made in the . . . and . yeares in the raigne of k. edward the . against prouisious and prouisers from rome , reseruations of bishopricks and benefices by the said sea , vndue appellations , vniust citations , infamations or molestations of men by censures from thence . all which i thinke not good to set downe at large as they lie in the statute booke , for that they are ouerlonge , but breiflie rather to alleadge the summe therof , which is sufficient for the point it self of our controuersie . first then it is said : that in consideration of the manie inconueniences and hurtes , that seemed to ensue to the common-wealth , as well clergie-men , as secular , by such as went to rome , and there by false suggestions , and other such procurements , vnworthilie got vnto themselues benefices , they being either strangers , not able to preach , and teach , or els , if english-men , yet vnfit for their learning , or manners , and that therby particular patrons were depriued of their right of presenting , & c ? it was ordained vpon the . yeare of this kings raigne , to punish the persons , that being subiect to the king , should attempt , or doe this without the kings licence , or knowledge of the realme . and so the decree of parlament was , that whosoeuer hereafter should attempt , or procure any such prouisions , he should be out of the kings protection , whereby euerie man might lawfullie kill him , &c. . and in the same parlament , the like , and many other inconueniences are represented against reseruations of benefices , by the said sea apostolicke , and bishops therof , whervpon it is decreed , by the king , and his great men , and commons , that the said reseruations shall not bee suffered , or admitted for the time to come , as a thing not due to the sea apostolicke ; but that all archbishops , bishops , and other dignities , and benefices electorie in england , shall bee permitted to free election , as they were graunted by the kings progenitours , founders therof , and the auncestors of other lords , that had founded any such benefices , and might haue reserued to themselues , as patrons , and founders , the presentations there vnto . . moreouer complaint being made by diuers of the kings people , that many were greatlie troubled , and drawne out oftentimes of the realme , by vnquiet and litigious people , that made appeals to rome , to answere to things , wherof the conusaunce pertained to the kings court , &c. it was assented , and accorded by the king , and by the great men , and commons , that whosoeuer should draw any man out of the realme , in plea , wherof the conusaunce pertained to the kings courts , should incurre the daunger of praemunire . and finallie : that no man presume to cite , sue , vex , molest any by censures procured from the popes courte , against any , for obseruing these laws , and like other ordinances , vpon paine of seuere punishment , &c. . to all which we answere , that diuers circumstances may bee considered about these statutes , ordinances , and decrees , as well of the times , and persons , as of the occasions , causes , and manner of doing . and to begin first with the last ; it may bee , that either all , or some parte of these restrictions might be made by some kind of consent or toleration of the popes themselnes , vpon the often representing of the inconueniences , which we haue seen before made by diuers princes , from k. henry the . down-ward , and the answers as well of innocentius the . as other popes , that the said inconueniences should be remedied . and to the same effect putteth downe vvalsingham this k. edwards letters , at seuerall times , to sundry popes for that end . and vpon the yeare . ●hich was the . of his raigne ( long after the making of these statutes ) he sent againe to gregory the . to intreat his consent , and good will to the same . rex edwardus ( saith walsingham ) eodem anno misit ambassiatores ad dominum papam , rogaus c●m , &c. the same yeare k. edward sent embassadours to the pope , praying him , that he would be content to surcease from prouiding benefices in england , & that clerks might enioy their rights to ecclesiasticall dignities by elections , as in old time they were accustomed . so as heere we see , that the king pretended right by ancient custome , in these affaires : neither did this pope altogeather deny it . for vvalsingham addeth : super quibus articulis nuncij à papa certa recepêre responsa , &c. vpon which articles the kings messengers receiued from the pope certaine answers , of which they should informe him at their returne , & that nothing should be determined , vntill the king had written againe his mind more fully vnto the said pope . and then in the next yeare after he saith , as before you haue heard , that the pope , and the king were agreed vpon these , and like points . . and if this were so at this time , then may it be presumed also , that before vpon the . yeare of his raigne , when he first made those statutes of restraint , he had also some secret consent , or conniuency of pope clement the . or innocentius the . that immediately ensued him , to the same effect : at least wise , for the ceasing of prouisions and reseruations , except only vpon great and weighty causes , ( for in such cases we find , that they were vsed also afterward ) and that ambitious , busie , and troublesome people , that should deceitfully procure such prouisions , or rashly and vniustly appeale , or molest men with citations , censures , and the like , should be punished . and this was a thing so needful oftentymes , as s. bernard himself , that liued vnder king henry the first , and writing to pope eugenius , that had byn his scholler , of the great abuses of troublesome appellatiōs in his dayes , wisheth him , as on the one side to admit all due appellations , which of right were made vnto him , and to his tribunall , from all partes of the world ; so on the other side , to punish them that made them vniustly . . all which being considered , togeather with the time before noted , wherin k. edward made these restraints , to wit , when he had great warrs in france for challenge of the crowne , and no small iealousie with the popes , cardinals , and roman court , as being all , or the most parte french at that day , and residing in auinion in france ; the continuall clamours also of his people , much exaspered by certaine particular abuses , and excesses of some ecclesiasticall officers : the maruaile is not so great , if he tooke some such resolution , as this de facto , at least for satisfying especially of the laity , who were most instant in the matter ; yea & by whom only , it seemeth to haue byn done . for that in none of these statutes is mentioned expressly the consent of the lords spirituall ; but of the king , and great men ( magnatum in latin ) and of the communalty , which is repeated in euery of the forsaid statutes , except one , where is said . the king by the assent , and expresse will , and concord of the dukes , earles , barrons , and the commons of this realme did determine , &c not mencioning at al the bishops , archbishops , abbots , and other ecclesiasticall prelates , that had right of suffrage in those parlaments ; and consequently , how far this probation de facto doth proue also de iure , i leaue to the reader to consider . . only we conclude , that howsoeuer this was , either by right or wrong , for the manner of determining ; certaine it is , that king edward did not therby diminish any way his opinion , or iudgment of the popes spirituall authority : as may appeare by al his other actions writings to the same sea afterwards , and of his respectiue carriage and behauiour , not only towards the popes , but to his owne clergy also in england , in all matters belonging to their superiority ecclesiasticall . in proofe wherof , vpon the very selfsame . yeare of his raigne , wherin the former statutes of restraint were decreed against such of his subiects as should offend therein ; he made another statute intituled . a confirmation of all libertyes , graunted the clergy . and after ward vpon the . yeare , another statute intituled . a confirmation of the great charter , and of the charter of the forrest . which great charter containing the priuiledges , libertyes , and superiority of the church , is confirmed by him againe in the . yeare of his raigne , by a particular statute . and finally vpon the . yeare , which was the last before he died , he made another statute intituled thus . ●he libertyes of the church confirmed . so as all the former restraints , were pretended for particular cases only , mixt with temporaltyes , and for remedy of some excesses and inconueniences , without detraction of any thinge from the acknowledged supreme power of the pope and sea apostolicke , in meere spirituall matters . . and how far then , is all this that is alleadged here by m. attorney , from prouing that k. edward the . did hold himself for supreme head of the church , euen in spirituall and ecclesiasticall matters ? or that his restraints before made in the cases set downe , might bee a president , or warrant , either de facto , or de iure to q. elizabeth , to k. henrie the . or k. edward that followed him , to denie wholy the popes authoritie , and take it to themselues ? and so much of this k. edward the . whose religion & iudgmēt , though it were euer catholicke , as hath been said ; yet was his life and actions manie times disordinate and violent , as of a souldiar & warrier ; and this not onlie against the liberties of the church , but against the precepts of good life and gouernmēt also . the first appeareth by a longe reprehension written vnto him , with threatning likewise of excommunication from iohn stratford archbishop of canterburie , vpon the yeare . wherin he doth sett downe the manie greiuances , which he did laie vpon the church vniustlie . and for the second , it maie bee vnderstood , as wel by the same narration of the foresaid archbishop , wherin he said to the king , admonishing him of his fathers miserable end : ferè corda populo terra amisistis . you haue almost lost the hearts of all the people of the land . as also the same is euidēt by the generall testimonie of our historiographers , who make the later parte of his raigne to haue been very much disordered , & thereby also vnfortunate & miserable , as maie appeer by these words of vvalsingham , who hauing much commended other graces in him , saith : luxus tamē & motus suae carnis lubricos , etiam in aetate senili non cohibuit , &c. he did not euen in his old age , restraine the luxurious and fraile motiōs of his owne flesh ; being much allured hereunto , as is said ; by the incitation of a certaine dishonest woman , named alice pierce , that was with him vnto the end of his life , and was cause of hastening the same . and it is greatlie to bee noted , as in the former parte of his raigne , all things went prosperously with him ; so towards the later end in his old age , through the demerit of his synnes , all fell out contrarie , &c. of king richard the second , the tweluth king after the conquest . § i. . next after the death of k. edward succeded his nephew k. richard the . for . years , sonne of prince edward surnamed the black prince , who died not long before his father . the child was but an eleuen yeares old when he tooke the crowne , and of verie great expectation , but that youth wealth , and commaundrie in that age , with adulation , and peruerse counsaile of licencious people , that are wont to accompanie that state and condition of princes , drew him aside to his owne pittifull ruine in the end ; and would god , in his life , conuersation , & gouernment , he had as well held the stepps and wisedome of his auncestors , as he did in the outward maintenance of their religion , and obediēce towards the sea apostolicke : for that ( probably ) it would haue preserued him frō the miseries whereunto hee fell ; though it bee true also , that dissolution of life , doth commonlie bring with it contēpt or neglect , or lesse estimation of religion : whervnto this man , and some that were about him , had the more occasion giuen them , by the prophane , and wicked doctrine of vvi●k●liffe & his fellows , that preuailed much in these daies , and brought many of the common people to such fury & contempt of all religion , as their strange tumults , and raging rebellions , vnder their captaines , wat tyler , iack straw , and other like vnruly rulers , doe well declare . . but yet the externall face of religion , and practice therof , receiued and established from the times of all former kings , was continued also by him ; & in particular , it is to be noted , that no one king , did euer more often confirme and ratifie the liberties of the church , then he , which is as much to say , as to establish the opposite negatiue proposition against m. attorney , professing heerby , that he had not supreme authority in causes ecclesiasticall , for so much as the libertyes of the english church did expressly consist in this , that church-men , and church-matters , and all spirituall and ecclesiasticall affaires , were a distinct gouernment from the temporall , and subordinate only among themselues , the one degree to the other , and all mediately to the sea apostolicke , and bishops therof . . for proofe then of this , that king richard did confirme and maintaine , all the dayes of his raigne , these libertyes , franquises , and priuiledges of the church , and of clergy-men , appeareth by his owne statutes : as for example , by the first statute made in his first yeare , with this title . a confirmation of the libertyes of the church : and the second statute made in his second yeare hath the same title , and subiect ; as also hath the first statute of his third yeare , and first of his . and first of his . and first of his seauenth yeare . and so in like manner shall we find the very first statutes of his . and . years , to containe the same confirmation . . and if i should stand vpon the enumeration of particular examples , of the practice of these libertyes in clergy-men of those dayes , it would be ouerlonge , as namely , how all bishops , archbishops , abbots , and other prelates , elected according to the agreement before taken , repaired to the bishop of rome for their confirmations , and could not exercise any parte of their offices , vntill they had the same . and albeit according to the former decrees of the . and . yeares of k. edward the . confirmed also in the . and . yeares of the raigne of this king , reseruations of benefices , or prouisions immediately from the court of rome were not admitted ( which little importeth our controuersie with m. attorney ) yet this , which includeth the maine ground & substantiall foūdation of all acknowledgement of supreme spirituall power , remained still vntouched , to wit , that no bishop , archbishop , or other prelate , by whomsoeuer he was presented , chosen , or nominated , could , or can at this day , haue spirituall iurisdiction , but either mediaté or immediatè from the pastor of the sea apostolicke . and this point did k. richard maintaine and defend all dayes of his life , which is the principal point , as hath byn said , of acknowledging the soueraigne authority of the sea apostolicke in spirituall affaires , for that other things are but dependance of this , as annexed sequels . . and i might alleadge heere diuers particular examples of king kichards respectiue proceedings towards both the sea of rome and clergy of his countrey : as namely in the first , wheras pope vrban the . being truly , and canonically elected pope in rome , & afterward against him , the archbishop of arles in france being chosen for anti-pope by a faction of french-cardinals , that named him clement the . king richard stood zealously with the said true pope , and not only made a statute in parlament , that whosoeuer should be obedient to any other person , as pope , but only to pope vrban , should be out of the kings protection , and his goods seased , as the words of the statute are ; but also some yeares after that againe when the said pope vrban had appointed henry bishop of norwich , to be his captaine general , to passe ouer into flanders , and by force , to constraine the said schismaticall pope to surcease that diuision ; the said king not only allowed , but assisted also that enterprise . . and as for the clergy of his realme , and their spirituall iurisdiction , how much he respected it , appeareth by that the archbishop of canterbury , and some other bishops , that assisted him ; hauing publikely pronounced the sentence of excommunication , vpon the yeare . against certaine persons , that had broken the priuiledges of sanctuary in the church and monastery of vvestminster , and shed bloud therin , for taking out a certaine person in the kings name ; the said king albeit , he was thought to haue byn the abetter ●hereof , yet did he finally obay the said censures , and soone after in the same yeare at his parlament of london , it was ordained ( saith vvalsingham ) . quod immunitates , & priuilegia ecclesia vvestmonasteriensis illibata manerent : that the libertyes , & priuiledges of the church of vvestminster should remaine whole and inuiolate . . wherefore now to answere the instance or obiectiō which m. attorney alleadgeth out of the foresaid statute of the . yeare of this king , where the law of premunire , the losse of goods , and lands , & other punishments are appointed for such , as doe procure processe , and sentences of excōmunicatiō , which touched the king their lord , against him , his crowne , and his regalitie , &c. as larglie you maie see it set downe in the whole statute out of m. attorneys booke . i answere that whosoeuer shall attentiuelie read the whole contexture of this statute , with that which before wee haue sett downe , both in this , & in the precedent kings life , he shall see that this statute doth rather make against m. attorneys purpose of supreme spirituall iurisdiction , then anie waie for him . for that first of all , the verie proposition to the parlament doth concerne temporal power , and not spirituall , saying : that the crowne of england hath been at all times free , and onlie subiect to god immediatlie , and to none other , and that the same ought not in anie thing , touching the maiesty or regalitie of the same crowne , bee submitted to the bishop of rome , nor the laws and statutes thereof to bee taken away or mablect by him , &c. . this then being the proposition of the commons , which is euidently to bee vnderstood of temporall regalitie , and thinges thereunto belonging , the temporall lords assented absolutelie vnto it . but the archbishop , bishops , abbots , and other ecclesiasticall prelates , that made the cheife , and highest parte of the parlament , distinguished ; yea made protestations ( as the statute saith ) that it was neuer their meaning ( to witt either in k. edwards daies or now ) to saie that the bishop of rome might not excommunicate bishops , or make translation of prelates from one sea to another , after the law of holie church : yet if this should bee done at anie time , in great preiudice of the king or his realme , as that sage men , or counsellours should therby be drawne from him , without his knowledge , or against his will ; or that the substance , and treasurie of his realme , should bee in daunger to be destroyed , by sending out money or giuing it to his aduersaries , or other like inconueniences ensue against the kings state and realme indeed ; then they did graunt , that this might bee esteemed against the kings regalitie , &c. whereby wee see in what sense , and with what limitation , they did yeeld to such like statutes in those daies , pressed by the importunitie of the laie partie , but yet far from the meaning of m. attorney , who would haue men thinke , that heerby they confessed k. richard to bee head of the church , which himself expresly denieth in his forenamed statute in fauour of pope vrban , whom hee calleth the onlie true head of the church , and for such commaundeth him to bee obaied and respected , vnder the paines before mencioned . and so much of k. richard , who not long after fell into great misery , & lost both his commaundry and life , and came to a pitifull end , full of affliction and desolation , as our histories doe testify and set forth at large . of the three king henryes of the hovse of lancaster , the fourth , fifth and sixth , vvho raigned for the space of threescore years : and what is obserued out of their raignes , concerning our controuersie with m. attorney . chap. xiii . after the three edwards before mentioned , vnder whom the first restraints were made for the exercise of certaine externall points of ecclesiasticall iurisdiction , as you haue heard ; and after the pitifull end of their successor , & inheritour k. richard the . entred and ensued in the crowne three henries of the line of lancaster , who had variable successe in their liues and temporall affaires , though in religion , and particularly in this point of our controuersie , about spirituall power and iurisdiction , they were all one . . king henrie the . being duke of lancaster , and sonne of the often fore named iohn of gaunt , that was the fourth sonne of k. edward the . seing the disorderly gouernment of k. richard the . his cosen germā , & the auersion of his peoples affection , from him for the same cause , came out of france , where he liued in banishement , raised powers against him , pursued and tooke his person , caused him to be deposed by parlament , and himself chosen in his place with great applause of the people , which yet turning away from him soone after againe , he was forced for his safetie & defence not onlie to make away the same k. richard in pomfret castle , but also to take armes , suppresse , and cut of the greatest and cheifest men , that had aided and assisted him to gaine the said kingdome . and finallie after a troublesome raigne of . yeres , he died , vsing these words before his death , as they are registred by stow , and others : i sore repent mee , that euer i charged my self with the crowne of this realme , &c. . king henry the . his eldest sonne succeeded him , for the space of ten years ; and though he were a most excellent prince , warlike , and fortunate , & gained the possession of almost the whole kingdome of france : yet had he great difficultyes notwithstanding , both therin , and by domesticall conspiracyes , not only the lollards , and vvickliffians , but his owne nobility also , kinred , and cheife officers , conspiring against him , and seeking his ouerthrow . and finally , when he was in the very middest , and heat of his wars and conquest , and his life and health most desired , both by himself & others , he died with much affliction of mind in france , leauing a little child of his owne name , that was but eight moneths old , to preserue , and defend that which he had gotten , but could not , as the euent proued . . this young infant then , borne as it were a king , of two so great realmes , and crowned in paris it self , which no other king of england euer was before or since , drew out a longe raigne , for almost forty yeres , but intangled with many aduersityes , and varietyes of fortune , in which he lost first all his states of france , not only such as his father had gottē by dint of sword , but other likewise which his progenitors had inherited by lawfull succession of bloud , and then by little and little , leesing also at home his kinred , & trustie freinds , that by ciuill wars were cut of , he lost at length his kingdome , being twise depriued therof , and finally his life and progeny , & became a pittifull example of princely misery : and so this line of lancaster , entring by gods designement , as it seemeth , to punish the sinnes of the former line of edwards , and richard before mentioned , and especially that ( as many thinke ) of their rough proceeding with the church , now were punished also themselues , by another line of yorke , for continuing the said rigorous , and preiudiciall lawes against the priuiledges , and franquises therof , which was written to k. henry the . by pope martyn the . as polidor noteth , and he promised reformation therin ; but the thing depending of consent of parlament , was neuer effected , nor that good motion put in execution . . but yet that all these three kings of the house of lancaster were perfectly , and zealously catholicke , no man can deny ; and infinite arguments are extant therof , yea and of this point also in particular , of their acknowledgment and reuerence of the soueraigne spiritual authority of the bishop of rome in the church of christ. and therfore king henry the fourth , considering the great hurtes and scandals , that had ensued for many yeres togeather by schisme of anti-popes in the sea apostolicke , was so carefull , and diligent , to procure and assist the generall councell indicted at pisa in italy , for the extinguishing therof ; as not only he sent learned prelates vpon his charges thither , to help & assist the said councell , as namely robert bishop of salisbury , and other learned men , but wrote very pious letters also both to gregory the . that was the true pope , and to all his cardinals , by a speciall embassadge of his owne , persuading the said pope by diuers godly and prudent reasons , to persist in his mind and promise of giuing ouer the popedome , as the other anti-pope called benedictus the . had in like manner promised . of which his letter to the said pope he making mention in another to the foresaid cardinals saith : cupientes ostendere quem zelum habuimus , & habemus , vt pax detur ecclesiae , &c. we desiring to shew what zeale we haue had , and haue , that peace be giuen to the church , we haue by consent of the states of our kingdome sent our letters vnto his holines , &c. . and when this councell of pisa tooke no great effect vntill fiue yeares after , when in the tyme of his sonne k. henry the . the generall councell of constance in germany was appointed for the same effect , the said sonne k. henry the . following his fathers piety heerin , caused the archbishop of canterbury , henry chychley , to call ●●●●t a councell in england , to choose fit english prelates to be sent to that councell ; and so were chosen , not onlie the foresaid bishop of salysburie sent before to pisa , but bath and hereford also , togeather with the abbot of vvestminster , prior of vvorcester , and other famous learned men , to whom the king added for his embassadour , the earle of vvarwycke to accompany them thither , where the said schisme being extinguished , by the deposition of three that pretended to be popes , and martyn the . being established in that seate , the whole christian world was put in peace thereby . . and for that in the same councell , the heresies of vvickcliffians and lollards were especially condemned and anathematized , the same decrees were presently admitted , and put in execution in england , by the zealous commaundement of the said k henry the . though his father k. henry the . and the whole state had preuented that decree , by making temporall laws , in confirmation of the canonicall and churches laws , for the punishment of the said lollards and vvickcliffians that denyed the popes supremacy , and caused manie of them to bee burneed ; and so did k. henrie the . also , during all the time of his raigne : whereby as by infinite other thinges that might bee alleadged , their beleife and iudgment in that behalfe is sufficiently declared ; though in respect of some temporall inconueniences , and the inclination of their people , vpon former complaints , they recalled not the said restraints , laws , or ordinances made by their progenitors , wherof now we shall speake more particularly , in answering the instances alleadged by m. attorney our of their raignes . instances alleadged out of the raigne of king henry the fourth , the thirtenth king after the conquest . §. i. the attorney . . it is resolued that the popes collectors , though they haue the popes buls for that purpose , haue no iurisdiction within this realme : and there the archbishops , and bishops , &c. of this " realme , are called the kings spirituall iudges . the catholicke deuine . it is to bee considered who resolued this , and vpō what ground , for it maie bee there was some agreement taken between the pope and the realme in that behalfe , concerning the collectors authoritie , as in other catholicke countreys also at this daie , wee see there is : neither had the said collector by his office , anie ordinarie iurisdictiō , but extraordinarie onlie by particular commission . and commonly those collections were made cum beneplacito principis , with the good liking of the prince , where they are made . archbishops & bishops maie bee called the kings spirituall iudges , for that they are his subiects , as peers and principall members of the realme ( as before hath been declared ) and doe liue vnder his protection , but not as though they receiued their spirituall authoritie or iurisdiction from him ; for then might he execute the same authoritie and iurisdictiō by others also which are no bishops , as by his chauncellour and temporall iudges , giuing them the same iurisdiction , which no man would affirme in that time , as lawfull . but let vs see his second instance . the attorney . . by the auncient lawes ecclesiasticall of this realme , no man could be conuicted of heresie , being high treason against the allmighty , but by the archbishop and all the clergy of that prouince , and after abiured therevpon , and after that newly conuicted , and condemned by the clergy of that prouince in their generall councell of conuocation . but the statute of . h. . cap. . doth giue the bishop in his diocesse , power to condemne an hereticke , and that before that statute he could not be committed to the secular power to be burnt , vntill he had once abiured , and was againe relapsed to that , or some other heresie . wherby it appeareth that the king by consent of parlament , directed the proceedings in the ecclesiasticall courte , in case of heresie , and other matters more spirituall . the pope cannot alter the lawes of england . the catholicke deuine . why doth not m. attorney set dov●ne those auncient laws ecclesiasticall of this realme . will he say that they were any other , then the common & canon laws of the roman church in those daies ? he cannot with any probability . and as for the matter heere touched , that no man could be conuicted of heresie , but by the archbishop , and all the clergie of that prouince , and after abiured , and then newly conuicted , and condemned againe by a generall councell of conuocation , &c in some points he hitteth right , but in other not . for when any new heresie is discouered , it must be iudged and condemned by some such synod or councell , as heer is mentioned , if the head of the church haue not condemned it before . but when the heresie is condemned , it was neuer necessary to call such synods or councell , for conuicting of euery particular man , that shall be accused of that heresie : and much lesse was it needfull , that there should be two seuerall conuictions , the one before abiuration , the other after : ( except in such as were relapsed ) for what if the hereticke should stand stiffely to it , vpon his first conuiction , and would not abiure , but defend his heresie ? did the anncient laws ecclesiasticall of england ( thinke you ) forbid him in this case to be punished ? i thinke not . . but m. attorney hath a note in the margent , wherat i cannot but maruaile , for that he hearing in this place , out of the old sense of our ancient lawes , heresie to be held for high treason against god , and that ( as he supposeth ) it must be twise conuicted , which is only true in relapse , saith in the margent . this had a resemblance to an attainder of treason , wherin there must be first an indictment by one iury , and a conuiction by another . but i deny this resemblance to be of any moment for the forme of proceeding , though for the thing , i graunt , that heresie is truly treason against god ; but this double conuiction heer mentioned by two iuries , hath little or no similitude with the other of relapsed heresie , where the party is first permitted to abiure his first fault and not punished , except he offend the second time in the same : which yet i persuade my self m. attorney will not allow in humane treasons against the prince , that he must twise iterate his fault , before he can be punished , and so the parity or similitude holdeth not . . but now to the principall point ; where the attorney saieth that the statute of k. henry the . doth giue the bishop in his diocesse , power to condemne an hereticke , and that before that statute , he could not be committed to the secular power to be punished , vntill he had once abiured , and was againe relapsed , &c. and that heerby it appeareth , that the king directed ecclesiasticall proceedings &c. diuerse errors are heere couched togeather , and then if ignorance be the inseperable twynne of euery error ( as m. attorney in his preface holdeth ) you know what will ensue . . first then it is presumed in this assertion , that no hereticke could be put to death in old tyme , except he were relapsed , that is to say , had once ( at least ) abiured his heresie , and fallen vnto it againe : which is false . for that albeit such people were most of all to be punished , for their periury , and inconstancy ; yet other also that neuer abiured , if they stood obstinate , might by ancient laws , as well ciuill , as canonicall be punished by death ; as in the ciuill is auerred by the particular laws , and ordinations of theodosius , valentinian , martian , iustinian , and other christian emperours , extant in the code . and in the * canon law in like manner , is determined by diuers definitions there to be seen , that incorrigible hereticks are to be deliuered ouer to the secular power , to be punished by them , whether they be relapsed or not relapsed , though more the relapsed . and all this was before the statute of k. henry the . which did nothing els , but allow , and confirme the vse , and exercise of the said laws . for so it appertained vnto him , as king of the realme , to consider whether the exercise of these ecclesiasticall laws , haue any incōuenience against the state , or no. . and moreouer , where it is heer said , that the statute of k. henry giueth the bishop , power in his diocesse to condemne an hereticke , as though before he had it not by canon-law , is another grosse error . for that this fact of k. henry was nothing els but an approbation of a more auncient decree made before , by pope gregory the . extant in the decretals of the canon-law in these words . quoniam episcoporum numerus , &c. for that the number of bishops appointed by auncient canons , for the degradation of clergy-men , cannot alwayes so easily come togeather , we graunt vnto you ( archbishop of rhemes ) that when any priest , or clerke , being within holy orders , is either to be giuen ouer to the secular courte , to be punished for heresie , or perpetually to be walled vp , you calling togeather the abbots , and other prelates , and religious persons , and learned men of your diocesse , which you shall thinke good , may alone degrade him in their presence , you being his bishop , &c. . this was the decree of pope gregory , aboue two hundred yeares before king henryes statute , for giuing licence to euery bishop within his diocesse alone , with the help of his learned counsell , and other assistance heer mentioned , to condemne , degrade and deliuer ouer to secular power any obstinate hereticke relapsed , or not relapsed : ( though such as were not relapsed , and acknowledged their faultes , might be dealt withall more mildly , as by walling or shutting them vp , as heer is mentioned ) and that this decree of pope gregory was an exception , or priuiledged forme of proceeding from the auncient canons , that appointed a certaine precise number of bishops to be called togeather for the deposition of deacons , priests , and bishops , appeareth by the words thereof , that doe mention the said canons , which you may see in the body of the canon-law , cited out of the councell of carthage , aboue twelue hundred years past . so as m. attorneys inference , that heerby k. henry tooke vpon him to direct the proceedings of the ecclesiasticall courte in cases of heresie , hath no substance in it at all , for so much as you see it was directed by the canon law long before k. henry was borne . . wherefore to his last instance , that the pope cannot alter the laws of england : i answere it is true , touching temporall laws , for they are to be made , or altered by the english prince and parlament : but ecclesiasticall laws of the church , if they be positiue , & not deuine , he might in all those auncient times , vpon iust causes alter , as i thinke m. attorney will not deny ; and then by good consequence , if it be true , which euery where he striueth to proue that ecclesiasticall laws , though made by the pope , are laws also of england , and may be called english lawes , when they are admitted in england ; it followeth ( i say ) against himself in this assertion , that the pope might alter the lawes of england , in that he might alter those canon-lawes , that were admitted in england , & thereby made english lawes . the attorney . . the iudges say , that the statutes which restraine the popes prouisions to the benefices of the aduowsons of spirituall men , were made , for that the spiritualty durst not in their iust cause , say against the popes prouisions ; so as those statutes were made , but in affirmance of the common laws . . excommunication made by the pope , is of no force in england , and the same being certified by the pope , into any courte in england , ought not to be allowed ; neither is any certificate of any excommunication auailable in law , but that is made by some bishop in england ; for the bishops are , by the common laws , the immediate officers & ministers of iustice to the kings courts in causes ecclesiasticall . . if any bishop doe excommunicate any person for a cause , that belongeth not vnto him , the king may write vnto the bishop , and commaund him to assoile , and absolue the party . " . if any person of religion obtaine of the bishop of rome to be exempt from obedience regular , or ordinary , he is in case of premunire , which is an offence ( as hath byn said ) contra regem , coronam , & dignitatem suam . the catholicke deuine . . i haue conioyned three or foure obiections togeather , for that indeed all make not the due waight of one . wherfore to the first i answere , that little it importeth to our controuersie , what those iudges said , why the statutes were made against the popes prouisions in affirmance of the common-laws : for this may be said of euery new statute whatsoeuer , that it is made in affirmance of ancient common-law ; albeit the said law ( supposed to be common ) no where appeare , nor any reason , proofe , or probability be alleadged why it should be common-law , before that fact or statute appeared : so as this common-law , is now by m. attorney made so common , as it cometh to be ens transcendens , embracing all that is , or can be deuised by any of his iudges , or reuerend sages , or rather he maketh it ens rationis , or a meere chymera , that ( as logitians hold ) hath no essence or being at all à parte rei , but only in imagination . for seing that the popes prouisions had endured in england for so many ages before , as all doe , and must graunt : how may the common law be presumed all that while , to haue byn against the same , & yet no mention euer made therof ; these are morall impossibilityes , to say no more . . the second point doth answere it self , and we haue touched the same before , that by agreement in england , the popes buls of excommunication , when they were sent , should not be admitted ordinarily , but by the certificate of some bishop of england , for preuenting the fraudes , or false suggestions , which particular men might vse therein . and wheras m. attorney heere againe saith , that the bishops are by the common lawes , the immediate officers and ministers to the kings courtes in causes ecclesiasticall , he runneth againe to his old chymera of imaginary common lawes . for where is this common-law , that maketh bishops to be officers , and ministers to the kings courts in causes ecclesiasticall ? for if the common-law or iudges thereof cannot so much as heare , or take conusaunce of any spiritual causes belonging to bishops courts , as * often m. attorney affirmeth in this his booke ; how much lesse can it , or they by vertue therof , appoint iudges , or make them officers in those spirituall courts , which haue their authority from the canon and not common lawes ? . to the third obiection little answere is needfull : for who seeth not but that euery king in his kingdome , may commaund all ●●●es of people to doe their duty , & to surcease from wrong . and so , if a bishop for a cause not belonging vnto him , should excommunicate any , the prince may commaund him to absolue 〈◊〉 party , whome vniustly he hath excommunicated , if the iniustice bee so apparant , as heere is presumed . but m. attorney should haue proued , that the king himself might haue absolued him , as in truth he might , if he had superiour authority to the bishop in ecclesiasticall causes : as he may absolue immediately by himself , all that are censured , or sentenced , adiudged , or condemned by his chauncellour , lay iudges , or temporall officers , and ministers : nor hath he need to send the party , to be assoiled by them , or to will them to doe it , as heer he doth the bishop ; but might doe it himself , or by some other , giuing him authority thervnto , which yet neuer king of england did attempt before king henry the . . to the . braunch is answered , that by good reason it was agreed , that no religious man , hauing made his vow of obediēce in england , should seeke to rome for exemption therof , without proposing his causes first in england it self ; for that otherwise , vpon false informations & suggestions of the party against his superiours , many troubles and inconueniences might follow by such exemptions : and this is that which is touched in the statute it self here alleadged , affirming ; that no man shall goe to rome for that which may be determined in england , &c. and now consider ( i pray you ) what all these foure instances laid togeather , doe weigh in poyse of good reason . but let vs see further . . a fourth instance of m. attorneys is taken out of a statute of the . yeare of k. henry the . where the commons doe againe make complaint of other new aggreiuances by the courte of rome , to wit , that such as are to be preferred to bishopricks , archbishopricks and other prelacyes , cannot be admitted , vntill they haue compounded with the popes chamber , for paying of the first fruites of the said benefices , and other dutyes required ; vvhervpon the king ( saith the statute ) by the aduise , and assent of the great men of his realme in parlament ( and note that he nameth not heer the spirituall lords ) did ordaine , that whosoeuer should pay heerafter to the said chamber , or otherwise for such fruites , and seruices , greater summes of money , then had byn accustomed in time past , should incurre the forfaiture of as much , as they may forfaite towards the king &c. so saith the statute . . and now heere i would aske the discreet reader , whether m. attorney ouerthroweth not himself , by alleadging such matters as these are ? for heere king henry alloweth manifestly the repaire to rome of bishops , archbishops , abbots , & other prelates , for their induction & admittance to their dignityes , which he would neuer doe , if he had taken himself to haue supreme authority ecclesiasticall in that behalfe , of giuing them spirituall iurisdiction immediately from himself . and albeit he doe binde them to pay at rome no more then the ordinary accustomed paiments , for such their admittance : ( therby perhaps to induce the said courte of rome , to aske no more of them , when they should vnderstand that it was forbidden vnto them to pay it ) yet doth he allow not only their recourse to rome in such affaires , but to make likewise the ordinary payments , which were accustomed to be paid in old times past , according to the words of the statute ; which is sufficient to proue our purpose , and ouer-throw m. attorneys . and thus much for the tyme of k. henry the . for as for an other instance alleadged by m. attorney conteyning a prohibition , that buls for exemption of tythes from parish churches , should not be put in execution , for that the effect therof is repeated againe in the next obiection out of the raigne of k. henry the fifth , one answere shall serue for them both . out of the raigne of k. henry the fifth , that was the fourtenth king after the conquest . §. ii. the attorney . in an act of parlament , made in the third yeare of k. henry the . it is declared , that wheras in the time of k. henry the . father to the said king , in the . yeare of his raigne , to eschew many discordes , & debates , and diuerse other mischeifes , which were likely to arise and happen , by cause of many prouisions then made , or to be made by the pope , and also of licence therevpon graunted by the said late king ; amongst other things , it was ordained , and established , that no such licence , or pardon so graunted , should be auailable to any benefice , full of any incumbent , at the day of the date of such licence or pardon graunted : neuerthelesse diuers persons hauing prouisions of the pope , of diuers ●●n●fices in england , and elswhere , and licences royall , to execute the same prouisions , haue by colour of the same prouisions , licences , and acceptations of the said benefices , subtily excluded diuers persons of their benefices , in which they had byn incumbents by a longe season , of the collation of the very patrons spirituall to them duely made to their intent , to the finall destruction , and eneruation of the states of the same incumbents : the king willing to auoid such mischeifes , hath ordained , and established , that al the incumbents of euery benefice of holy church , of the patronage , collation , or presentation of spirituall patrons , might quietly , and peaceably enioy their said benefices , without being inquieted , molested , or any wayes greiued by any colour of such prouisions , licences and acceptations . and that all the licences , and pardons , vpon , and by such prouisions , made in any manner , should be voide , and of no valour . and if any feele himself greiued , molested , or inquieted in any wise , from thenceforth by any , by colour of such prouisions , licences , pardons , or acceptations ; that the same molestors , greiuers , or inquieters , & euery of them , haue and incurre the paines & punishments contained in the statutes of prouisors before that tyme made , as by the said act appeareth . the catholicke deuine . . this statute maketh as little for m. attorneys purpose , of supreme authoritie spirituall , as anie of the former : and i haue set it downe at large , to the end you maie see , what smal store of stuffe he hath to furnish his booke , when he filleth paper with such impertinencyes : for that the whole subiect of this statute tendeth onlie to the reforme of certaine abuses in some quarreling and troublesome people , who meaning to molest others , that were in quiet possession of their benefices , went to rome , and there framing manie complaints , calumniatiōs , and accusations against them , and against the lawfullnes of their hauing those benefices , and pretending that the due collation thereof appertained to the sea apostolicke for diuers respects , demaunded onlie that the same sea would giue her right vnto them , and so got out prouisions oftentimes to that effect : which prouisions it seemeth by the words of this statute , that k. henry the . was content they should runne , and gaue royall licences for the same , and that the title should be tried , not withstāding the prohibitions of such prouisions made vnder k. edward , and king richard , as you haue heard ( and all this maketh against m. attorney . ) but now k. henry the . being informed of the inconueniences , that ensued therof , and that diuers incumbents were therby excluded of their benefices , and the patrons spirituall of their presentatiōs ; ordained , that for the time to come , no such incumbents , or patrons , should bee disquieted , or molested , by colour of such prouisions from the pope of benefices , that are not actually voide , or by vertue of licences from the king for prosecuting the same . this is the statute , and you see how little helpe m. attorney getteth by it . but let vs see another instance out of this kings raigne , as wisely alleadged as the former . the attorney . " a statute was made , for extirpation of heresie and lollardy , wherby full power and authoritie was giuen to the iustices of peace , and iustices of assise to inquire of those that hold errors , heresies , or lollardy , and of their maintainers , &c. and that the sheriffe , or other officer , &c. maie arrest and apprehend them . infoelix lolium , & steriles dominantur auena . virgil. et careant lolijs , oculos vitiantibus , agri . ouid. the king by cōsent of parlament , giueth power to ordinaries to inquire of the foundation , erection , and gouernance of hospitals , other then such as be of the kings foundation , and thervpon to make correction , and reformation , according to the ecclesiasticall law . the catholicke diuine . . if m. attorneys store-howse of arguments were not extreme poore & emptie ; he would neuer alleadge such matter as this is , for demonstratiue proofes , which before he promised vs in his preface . for out of the later example , that ordinaries are appointed to inquire of the foundation , execution , and gouernment of hospitals , what can be deduced for m. attorneys purpose , or against vs ? for so much as the foundation , erection , and gouernment of hospitals were for the most part meere temporall things , except some priuiledges graunted vnto them by the sea apostolicke . . and that in the former example , iustices of peace and assise were commaunded by the king to inquire after lollards , vvickcliffians , and such other hereticks , it was to apprehend , and imprison their persons , and not to iudge of their heresies , which belonged to their bishops and ordinaries , as you haue heard . and some cause might be also of this speciall commission for iudges , and iustices to assist bishops ( and so no doubt it was ) for that the said lollards , and vvickcliffians had not onlie been troublesome , and daungerous to the state , vnder the raignes of king richard the secōd , and henry the . but vnto the person and life of this man also some moneths before this statute , by conspiring his death , and raising a daungerous rebellion in s. giles field by london as both vvalsingham , and other autho●s doe reporte : and therefore no maruaile , though authoritie be giuen , as heer is said , that the sheriffes and other officers maie a●●est & apprehend them : and what maketh this for m. attorneys purpose ? . but further , i cannot but maruaile , at his note in the margent . lollardy ( saith he ) is of lolio , which signifieth cockle , for as clockle is the destruction of the corne , so is heresie of true religion , and then doth he bring in two seuerall verses , the one of virgil , and the other of ouid about lolium , shewing himself thereby a good grammarian , though yet in the thing it self he was much deceiued . for that lollards and lollardy being a particular sect of hereticks , are not deriued from the latin word lolium , signifying cockle or darnel , as the verie deriuation it self might easily shew ; but of the first author therof named gualter lolhard a german , about the yeare of christ . as tritemius in his cronicle declareth : and is larglie shewed in a booke some yeares past set forth in our english tongue by a catholike writer , which if m. attorney had read , he might easilie haue auoided this grosse mistaking . from which also , i maruaile , that his affectiō to the men , had not somewhat with-held him , for that they were of his religion , & not cockle , but good corne , if wee beleiue his great historiographer , and deuine , iohn fox , who setteth them out not onlie for good christians , but for saints and martyrs in his bookes of martyrologe , acts , and monuments . but thus these men agree togeather . out of the raigne of king henry the sixt , the fiftenth king after the conquest . §. iii. . out of this kings raigne which endured most catholiklie , for neere . yeares , though vnfortunately , through wars , sedition , and broiles of the realme , m. attorney findeth onlie these three poore instances ensuing , the attorney . excommunication made and certified by the pope , is of no force to disable any man within england , and this is by the auncient common laws , before anie statute was made , concerning forraine iurisdiction . " the king only may graunt , or licence to found a spiritual incorporation . in the raigne of k. henry the . the pope wrote letters in derogation of the king and his regalty , and the church-men durst not speake against them , but humfrey duke of glocester for their safe-keeping , put them into the sier . the catholicke deuyne . . to the first hath been answered diuers times before , that it appeareth to haue been an agreement at that tyme in england , that the popes bulls of excommunication should not bee published by particular men , but with the certificate of some bishop for more authoritie , &c. as it is now also vsed in diuers catholicke coūtries , for auoiding the fraudes and practice of particular inquiet people , that by false suggestions get buls , &c. but that this was by the auncient commō laws before anie statute made , hath no probabilitie at all , as by the whole course of our auncient catholicke kings hath been declared . and it groweth now somewhat loathsome and ridiculous , to see m. attorney runne so often to this common chymera of auncient common-lawes , without shewing any , or any likeli-hood , that any such were , or could bee in auncient tymes amongst our auncestors , for that their religion , deuotion , sense , and iudgement ran wholy to the contrary in those dayes . whervpon it followeth , as often we haue said , that if a common-law could not be made , admitted , or authorized without some common consent of prince and people ; it is vnpossible , that such common laws should then bee , as m. attorney doth frame heer to his fansie , vpon euery occasion that pleaseth him . . that the king onlie maie graunt licence to found a spirituall incorporatiō , maie bee vnderstood in two sortes . first that the said incorporation , cannot bee made , or erected within his dominions , or founded with lands , goods , or rents , without his leaue , and licence , and this wee denie not . secondlie that the said spiritual incorporation should haue her spiritualtie from the king , that is to saie , her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the church : and this wee haue seen by the practice of all times in england both before , and after the conquest to haue been euer sought and receiued from the sea apostolicke , wherof wee haue a particuler demonstration set downe before in the . chapter of this our answere . . the last which he obiecteth of the fact of humfrey duke of glocester , that cast ( as he saith ) the popes letters into the fire for their safe-keeping , is rather a iest than an argument . and i maruaile m. attorney , a man of his degree , would bring it forth , and print it also for an argument , whether the thing be true or false . for if it fell out , as heer is noted in the margent , vpon the first yeare of king henry the . his raigne , when the king was but eight moneths old , and the said duke his vncle gouernour of the land ; and in his cheifest ruffe , who afterward came thereby to soe pittifull a ruine , both of himself , his freinds , and the realme ; euerie man maie see what force this iest maie haue , which yet i haue not read in anie other author besydes m. attorney , and so to him i leaue it . of the raigne of fovre ensving kings , to vvit , edward the fourth , edward the fifth , richard the third , and henry the seauenth : and how conforme they were vnto their auncestours in this point of controuersie , which we haue in hand . chap. xiiii . the line of lancaster being put downe , and remoued from the crowne , by the depriuation and death of k. henry the . and his sonne , as before you haue heard ; there entred the howse of yorke , with no lesse violēce of armes , and effusion of bloud , but rather more , then the other familie had done before by taking to it self the crowne from the head of k. richard the . for that edward duke of yorke , by dint of sword , inuesting himself of the scepter , by the same maintained it , though with much trouble , feares , & iealousies , for the space of . yeares , and then thinking to leaue it quietlie to his sonne edward the . ( though with protestation and oath at his death , as syr thomas more recordeth , that if he could as well haue forseene the vanitie of that ambition , as now with his more paine then pleasure he had proued , he would neuer haue wonne the curtesie of mens knees , with the losse of so manie heads ) the same was taken from him soone after , togeather with his life , by the cruell ambition of richard duke of glocester , brother to the deceased king ; so little motion made his oration and protestation against ambition at his death , in the heart of him , that was so furiouslie set vpon the same , and desired to bee in his place . . this man entring then , with such boisterous and vnnaturall iniquitie of the slaughter of two of his nephews , continued that violent gouernment , for two yeares and some what more , though with many afflictiōs , both inward , and outward , and finallie lost it againe with the losse of his life ; and proued with a shorter experiēce , then his brother king edward had done before him , how much more paine then pleasure , that place brought to the violent possessor , especiallie if iniustice goe with it , which is the cheife origen , and fountaine of all disasterous small successe . . this man therefore being taken away by the sword of henrie earle of richmond , called afterward king henrie the seauenth , he held the same for . yeares , with different successe in different times : for that the former parte of his raigne wanted not waues and sourges , and some troublesome motions , as in reason it could not , so manie great tempests , and fierce stormes hauing inquieted the sea before . but the later parte of his raigne was more calme , milde , and sweet , hee hauing partlie by his ofspring and linage , and partlie by his marriage stopped that great breach , and inundation of miseries , that brake into our realme , by the diuision of the two howses of lancaster and yorke , and partlie also by his prudent moderation , and gouernment of the crowne , so calmed and quieted mens minds , humours , and passions , as they tooke delight to liue in peace ; and in this state he left his realme to his heire , and successor king henrie the eight . . these foure princes then , succeeding ech one the other in the crowne of england , and holding the same between them for the space of . yeares togeather , excepting one or two , though one of them were not crowned , but ought to haue byn , which was king edward the fifth , & another was crowned that should not haue byn , to wit king richard the third ; howsoeuer otherwise in regard of linage , family , faction , pretention , or succession they were opposite or different one from another in affection , iudgement , or action , for temporall affaires : yet in profession of religion , were they all one ; all , and euery one of them professing the same faith , and holding the same forme of christian catholicke religion , which all their auncestors had done , both before and after the conquest . and this not only in other matters , but in the very point also of our controuersie , concerning the practice and acknowledgement of the soueraigne spirituall authority of the church & sea apostolicke of rome ; which may breifly , besides all other means , be demonstrated by these reasons following . . first for that none of them was euer noted for the contrary , which they would haue byn , eyther by freinds or aduersaryes , if any such occasion had byn giuen by them ; especially in that great and bloudy contention , between the two houses of yorke , and lancaster , wherin both partes did desire to haue the fauour and approbation of the sea apostolicke , and good opinion of the clergy at home . and if any least signe , or signification had byn giuen by any of these princes , of different iudgment or affection in this behalfe ; their aduersaryes would haue vrged the same presently , to their preiudice and disgrace , which we read not to haue byn done . . secondly the practice of the said authority and iurisdiction of the sea apostolicke vsed vnder these kings , as vnder all former , except only the manner of execution in two or three particular cases , before mentioned , that were conioyned with temporalityes , doth euidently conuince the same : as namely that all english bishops , archbishops , and other prelates , being elected or nominated to any dignity , had euer their buls and confirmation from rome , and the metropolitans their palls . the archbishops also of canterbury , that liued with these kings , thomas bewser , iohn morton , henry deane , and vvilliam vvarham ( who was the last catholicke archbishop that held that sea immediatly before thomas cranmer . ) all these ( i say ) besides other points of testifying their obedience , and subordination to the said sea , did according to the auncient stile of their catholicke predecessours , write themselues legats of the sea apostolicke , as may be seen in fox , and other protestant-writers , in relating their commissions , in sitting vpon hereticks , &c. . thirdly the said iohn fox doth sett downe in his storie of acts and monuments more wickcliffian sectaries and lollards to haue been condemned and burned vnder these princes , then commonly vnder anie other before ; which sectaries ( as is knowne ) did principallie impugne the spirituall authoritie of the sea of rome ; which thinge it is likely the said princes would not haue done , or permitted , if they had been euill affected themselues that waie . and the said fox in the end of king henry the . his life , doth set forth many painted and printed pageants of the popes greatnes in those daies , more then euer before . . and finally not to labour more in a matter so manifest , and cleere of it self ; there was neuer more intercourse between england and rome for spirituall affaires , then vnder these princes , to witt for inductions , and inuestitures to all spirituall iurisdiction , as hath been said , for dispensations , indulgences , interpretations in doubtfull matters , priuiledges , franquises , & charters for confirmation of churches , chappels , colledges , or monasteries that were buylded : diuers embassages also were sent to rome , and speciall legats were sent to england vpon particular vrgent occasions . and as these kings had allwaies their orators , ledgers in that court , so had the popes of that time their ordinarie nunci●s , yea and collectors also of their temporall commodities in england , as wee may read in polidor , who , among others commēdeth highly the learned cardinal hadryan , who had been the popes collector , vnder k. henry the . as himself also was , vnder k. henry the . this then maie bee sufficiēt , for some generall notes and proofes of this truth : for that to prosecute particulars in this kind , were ouer tedious . now then shall wee passe to peruse and answere briefly the instances , which m. attorney citeth out of the raignes of these kings , as little to his purpose as the former . instances out of the raigne of k. edvvard the fourth , the sixtenth king after the conquest . §. i. the attorney . . in the raigne of k. edward the . the pope graunted to the prior of s. iohns , to haue sanctuarie within his priorie , and this was pleaded and claimed by the prior ; but it was resolued by the iudges , that the pope had no power to graunt anie sanctuarie within this realme , and therefore by iudgment of law the same was disallowed . the catholicke deuine . m. attorney repeateth still the word law , to shew thereby that he is a lawyer , and delighteth in the word that hath byn so beneficiall vnto him ; but yet alleadgeth here no law at all , nor can he doe . for what law is that , by iugment wherof the sanctuarie of s. iohns church in london graūted by the pope , was disalowed , for so much as all other sanctuaries had , and haue from that sea , their franquises , and liberties ? was it common-law , or canon and ecclesiasticall ? not ecclesiasticall . for that all such law dependeth from thence , and consequently cannot be supposed to haue disanulled the popes authority in graunting sanctuary . common law if it were , it must appeare how it came in , by whom it was admitted , by what right it came to haue conusaūce of this ecclesiasticall cause , which m. attorney so often hath denyed before to apperteyne to his common-law , wherof ensueth that eyther those temporall iudges exceeded their limites in handling this cause , or that there was some temporall circumstance therein that brought it into that courte . . and surely it may bee that this sanctuarie pretended by the prior of the knights of s. iohns in london , might not onlie bee the ordinary sanctuarie of their church and appurtenances thereunto ( which all churches haue by canon law more or lesse ) but also of some greater circuite , round about their said church and habitatiō ; which ( they being knights and souldiars ) might importe some inconueniences to the common wealth by occasion of contentions , fights , & brawles that might there fall out , the temporall officers hauing no accesse by reason of the said pretended sanctuary . and so this case not being meere spirituall , but mixt also with temporall interest of the common-wealth , the common iudges , vntill the matter were better discussed and resolued in ecclesiasticall right , might put difficultie about the admission or execution of the said priuiledges , without the kings expresse consent . and this is answered , according to m. attorneys allegation ( supposing it to bee sincere ) not hauing by me the bookes , as before i haue said , out of which he hath taken the same , the view whereof no doubt would discouer more , therfore i recommend the examination to the reader , that may haue commoditie to see , and read the places . but let vs see another instance of two more of his , out of this kinges raigne . the attorney . there it appeareth that the opinion of the kings-bench had been oftentimes , that if one spirituall person , sue another spirituall man in the courte of rome , for a matter spirituall , where he might haue remedy before his ordinary , that is the bishop of that diocesse within the realme ; quia trabit ipsum in placitum extraregnum , incurreth the daūger of a premunire , a hainons offence , being contra legiantiae suae debitum , in contemptum domini regis , & contra ●oronam , & dignitatem suas . by which it appeareth how greiuous an offence it was , against the king , his crowne , and dignity , if any subiect , although both the persons , & cause were spirituall , did seeke for iustice out of the realme , as though either there wanted iurisdiction , or iustice was not executed in the ecclesiastical courts within the same , which as it hath byn said , was an high offence contra regem , coronam , & dignitatem suas . the catholicke deuine . by this instance a man may greatly suspect , that m. attorney dealeth not sincerely , but amplifieth and exaggerateth matters to his purpose . but howsoeuer this bee , cleere it is , that he dealeth not substantially . for heere only the note alleadged , saith that the opinion of the kings-bench had byn oftentymes , that if one spirituall , or ecclesiasticall person , should sue another in the courte of rome , when he might haue remedy before his ordinary at home , he incurreth the daunger of a premunire ; for that he draweth a plea out of the kingdome without necessity . well then : this is but the opinion of some temporall lawyers of the kings-bench , that a man that should doe this , should be in daunger of a premunire , for that he draweth a plea out of the kingdome , when he might haue sufficient remedy by his spirituall iudge at home . and this is according to the statutes before made , vnder king edward the third , and richard the second , as you haue heard , that matters may not be carryed to rome , at the first instance , but by way of appellation , when they cannot haue iustice at home . and this taketh not away the popes authority , as you see , but rather confirmeth the same , and punisheth only disorderly people , that will vex , and trouble men , with citing them to rome without necessitie . . which being so , you will see , how friuolous m attorneys exaggeration is heer , in painting out vnto vs with so great an hyperbole of words this haynons offence , against the duty of loyalty , in contempt of the king our lord , and contrary to his crowne and dignity , &c. and why is all this adoe ? for that ( saith he ) a subiect of the realme doth seeke for iustice out of the realme in spirituall causes , as though there wanted iurisdiction or iustice within the realme , which is an high offence contra regem , coronam , & dignitatem suas . whereto i aunswere , that what high offence it may be against suas ( here twise repeated in the english , but corrected by the latyn interpreter ) i know not , but sure i am , that against king , crowne or royall dignity it can be none , no more in england then in other catholicke kingdomes round about vs. and the reason here alleadged by m. attorney excludeth all appellations betwene subordinate courts , as wel within the realme , as without , if it should be admitted and taken for good . wherefore when he writeth in the margent , note , as though some great argument were alleadged for his purpose , it is a note that he hath small store of substance to note , when he standeth so much vpon such a toy . the attorney . in the kings courts of record , where felonies are determined , the bishop or his deputy ought to giue his attendance , to the end that yf any , that is indicted , and arraigned for felony , doe demaund the benefit of his clergy , that the ordinary may informe the court of his sufficiency , or insufficiency , that is , whether he can read , as a clarke , or not , wherof notwithstanding the ordinary is not to iudge , but is a minister to the kings court , & the iudges of that court , are to iudge of the sufficiency , or insufficiency of the party , whatsoeuer the ordinary doe informe them , and vpon due examination of the party , may giue iudgement against the ordinaryes information : for the kings iudges , are iudges of the cause . the catholicke deuine . . i am content to admitt anie iudges in this cause , whether it be not impertinent to m. attorneys purpose , to bring in this instance . for howsoeuer he goeth about in words to dazel this case , yet is it euident , that for so much , as the church by her priuiledge of superioritie , taketh out of the hands of temporall iustice , men condemned to dy for felony , onlie for that they can read like clerkes , though they bee no clarkes indeed ( for if they were , and had but so much as primam tonsuram , they could not bee held , nor iudged by that court as often before hath byn shewed ) it is euident where the eminencie of authoritie laie in those daies , to wit , in the spiritualtie , aboue the temporaltie : & vayne it is to stand vpon other trifling circumstances , whether the bishops deputie sent to demaund the liberty of those felons by law , did giue attendance vpon the kings courts , or no ; or whether he , or the iudges that were lay-men , must iudge of this sufficiēcy or insufficiency ; whether the fellon did read as a clarke , or not . for if the temporall iudges must discerne therof , as m. attorney auerreth , then in vaine was the bishops deputy called thither , without whom it might haue byn done by the iudges alone . but if he were of necessity to be called thither , and vpon his oath , to pronounce , si legit vt clericus , and that vpon his verdict , the iudge must giue sentence to admit the fellon to the benefit of clergy , and thervpon to haue pardon of his life , and to be deliuered vnto the bishops prison , as of higher authority : then is it manifest , that this instance impugneth rather , then helpeth m. attorneys assertion , as commonly doe all the rest , when they are well examined . the attorney . the popes excommunication is of no force within the realme of england . in the raigne of king edward the . a legat from the pope came to calles , to haue come into england , but the king and his counsell would not suffer him to come within england , vntill he had taken an oath , that he should attempt nothing against the king or his crowne ; and so the like was done in his raigne to another of the popes legats , & this is so reported in . h. . fol. . the catholicke deuyne . . the first parte of this instance , about the validitie of the popes excōmunication , hath oftentimes been answered before , what circumstance , and conditions were agreed vpon , to bee obserued in the execution thereof , for auoiding inconueniences , that came by false suggestions of some troublesome people , and among other , that it should allwaies bee directed to some b●s●op , whose certificate should bee required for the lawfvllnes therof , as before hath been shewed out of the . yeare of k. edward the . & hath appeared also before out of king richards statute , where all the bishops expounded themselues , that it was not meant to derogate by that statute from the popes authoritie , to excōmunicate , &c. and in this very place , and next words after this present instance , hath m. attorney another instance out of king richard the . in these words . it is resolued by the iudges , that the iudgment of excommunication in the courte of rome , should not bind , or preiudice anie man within england at the common-law . wherby is cleerly declared the meaning of the former cause , to wit , that the popes excommunication , which is a spirituall sentence , or punishement for spirituall affaires , may not preiudice temporall all suites at the common-law in temporall matters ; and it is not much sinceritie in m. attorney , to alleadg these parcells of his iudges determinations so nakedly , as he doth , without distinction , or explication , to the end his simple reader may be put in error therby . . the other instance of the popes legate staied at calles , and not suffered to come into england , vntill he had taken an oath to attempt nothing against the king , or his crowne ; sheweth that king edward rather doubted , and feared his authoritie , then contemned or denied the same ; especially he being in that controuersy about the crowne , as then hee was , and the pope interposing his spirituall authoritie , between k. henry the . and him . and as well he might alleadge the example of the popes messenger detained in calles , by commaundement of king phillip , and q. marie , when he brought the cardinals hat , from paulus . to friar peto , for that the said princes would not suffer him to come into the realme , vntill they had otherwise informed the said pope by their embassadours in rome , that the same was not expedient . and yet did not this proue , that they either contemned the popes authoritie , or thought this soueraigntie of spirituall iurisdiction to bee in themselues . and it is a case , that often falleth out in the affaires of catholicke princes with popes , when they doubt anie thing will proceed against them from the said sea apostolicke , to keep off the execution , or notification therof by what means they can , vntill matters bee compounded . and we haue had many examples therof before , namely in the raignes of k. henry the . k. iohn . k. henry the . and two king edwards following him , who fearing excommunication , were vigilant in prohibiting , that no messenger from rome should enter the realme without their licence , which was an argument rather of their esteeme , then disesteeme of that place , and power . out of the raigne of k. henry the seauenth , who was the nyntenth king after the conquest . §. ii. in the raigne of k. henry the . the pope had excommunicated all such persons whatsoeuer , as had bought alume of the florentines , and it was resolued by all the iudges of england , that the popes excommunication ought not to bee obaied , or to bee put in execution , within the realme of england . in a parlament holden in the first yeare of king henry the . for the more sure , & like reformation of priests , clerks , & religious men culpable , or by their demerits openly noised of incontinent liuing in their bodies , contrarie to their order ; it was enacted , ordained and established by the aduise and assent of the lords spiritual and temporall , and the commons in the said parlament assembled , and by authoritie of the same , that it bee lawfull to all archbishops , and bishops , and other ordinaries hauing episcopall iurisdiction , to punish , and chastise priests , clercks , and religious men , being within the bounds of their iurisdiction , as shall bee conuicted afore them by examination , and lawfull proofe requisite by the law of the church , of aduowtry , fornication , incest , or anie other fleshly incontinency , by committing them to ward & prison , there to abide for such time , as shall bee thought to their discretions conuenient , for the qualitie , and quantitie of their trespasse . and that none of the said archbishops , bishops , or ordinaries aforesaid bee therof chargeable , of , to , or vpon anie action of false or wrongfull imprisonment , but that they be vtterly therof discharged in anie of the cases aforesaid , by vertue of this act. rex est persona mixta , because hee hath both ecclesiasticall and temporall iurisdiction . by the ecclesiasticall laws allowed within this realme , a priest cannot haue two benefices , or a bastard can bee a priest , but the king may by his ecclesiasticall power , and iurisdiction , dispense with both of these , because they be mala prohibita , and not mala per se. the catholicke deuyne . . heere are three or foure instances , for breuityes sake layed togeather in one , as also , for that they are of so small substance , as they deserue not to be handled a part . for as to the first , concerning the buying of alume of the florentines , who doth not see , but that it is a temporall case , wherin the realme of england , or marchants therof being interessed , the state might pretend iust cause to differre the admission , or execution of the popes sentence of excommunication , touching that affaire , vntill they had better informed him of the truth , or iustice of the cause in their behalfe : for this is vsed ordinarily by all catholicke princes and states euen at this day . . the second obiection about the punishment of priests and clergy-men , by their bishops and archbishops , hath nothing in it at all , that may make for m. attorneys purpose . for that heere is not giuen by parlament , any new spirituall iurisdiction to bishops & archbishops , but some temporall enlargement is graunted to the same . as for example , that they may not only suspend , and excommunicate , and punish by their spirituall censures , such licentious persons of life ; but may corporally punish them also , by imprisonment and other wayes , as heere is set downe . and least any in such cases might make recourse vnto the temporall magistrate , saying that they were imprisoned wrongfully , and contrary to the common secular laws of the realme , this refuge is cut of by this statute , and absolute power giuen to bishops & archbishops , to punish in such cases , as well corporally , as spiritually : wherby also appeareth that such delicts of clergy-men , were in those dayes to be inquired of , and punished only in the bishops courts , and not in the temporall , which was a dignity , and no small preheminence of the prelates of england , aboue many other countreys , who neither then , nor now , haue the like absolute preheminence in all things , as before hath byn shewed . for that diuers cases , and causes doe appertaine only to spirituall courts in england , which are handled also by secular magistrates in sundry other countreys ; as namely that of testaments , and the like . and this is to be ascribed to the speciall piety , & deuotion of our catholicke kings and countrey . . as for the third point wherin m. attorney saith : rex est persona mixta , adding this reason , because he hath ecclesiasticall and temporall iurisdiction ; whosoeuer maketh this instance , either m. attorney , or some other author of his , he little seemeth to vnderstand what is needfull to induce ecclesiasticall iurisdiction ; wherof he may need more at large in the second chapter of this booke . and as for the person of a king , it may be named mixt in some other respects ; as namely for that a king is annointed , and therby hath somewhat of a clergy-man also , though absolutely he be a lay-man , as you haue heard before the great christian emperour valentinian professe of him self , quod erat vnus de populo : that he was a lay-man , and not a clergie-man . he is likewise head of the whole common-wealth , wherin are members , both clergy , and lay-men , as before hath byn said ; and in that respect , is he head of both partes , and consequently mixt , or common to them both . but all this induceth not necessity of spirituall iurisdiction , except it be committed vnto him , from the church , and prelates therof , in whome originally it is , as in the forenamed place we haue abundantly declared . . and the like wee answere finally to the fourth and last obiection , wherin it is said , that the king maie dispense with a bastard to bee made priest , and with a priest to haue two benefices , and this by his ecclesiasticall power and iurisdiction . the matter must bee distinguished , that the king maie dispense , or giue his consent in these cases , for so much as toucheth the common wealth , or maie bee hurtfull vnto it , and no otherwise ; which is to say , so far forth as it maie importe , or preiudice the commō-wealth , that bastards not inheritable should be priests , or one priest hold manie benefices . but then this dispensation is not by anie iurisdiction spirituall , as m. attorney would inferre , but temporall onlie of the prince , as hee is head of the common wealth . for as concerning spirituall dispensation appertaining to conscience , for so much as the prohibition that bastards shall not bee ordained priests , was not made first by temporall princes , but by the auncient * canons of the church , none can dispence properly therin , but he that is spirituall head of the whole church , or some other by his commission . . and by the same reason ( for that spirituall iurisdiction ouer soules , which is the iurisdiction of him that hath a benefice , cannot bee truely giuen , or deliuered to anie man , but by him that hath it in himself , to wit , some prelate of the church , that hath it from the fountaine of succession from the apostles , as before hath been declared ) it followeth that none which hath not this iurisdiction , by this means in himself , can giue anie benefice to anie man , and much lesse two , or manie benefices , that is to saie , spirituall iurisdiction ouer manie flocks to one man , except hee onlie , that hath superior and mediate spirituall iurisdiction ouer the said flocks , and their soules . and heerby wee see , that standing in the principles , and grownds before set downe , and manifestly proued , m. attorneys instance is to no purpose at all , to the effect and sense wherin hee would haue it vnderstood . . and this shall suffice for this place , and for the raignes and liues of all christian princes of our realme , that liued in vnion , and conformitie of one religion , and acknowledgment of one supreme authoritie spiritual of the sea apostolicke of rome , from the first to the last , that is to saie , from king ethelbert , that receiued the first grace of our conuersion to the christian catholicke roman religion , vnto king henry the . inclusiuè , who being the last , and neerest english auncestour to his maiesty that now is , and succeeding after aboue a hundred and twenty english kings of the same religion , ended happely also his life & raigne therein , without any change or alteration . and if this sonne had followed the same course , and held it out to the end , as he did for two partes of three of his raigne , he had byn thrice happy ; but gods prouidence , for his , and our sinnes permitted otherwise : we shall therfore see breifly the manner , means , occasions , motiues , and euents therof in the ensuing chapter . of the raigne of k. henry the eight , and of his three children , king edward , queene mary , and queene elizabeth : and how the first innovation about ecclesiasticall iurisdiction , was made , and continued in their dayes . chap. xv. novv are we come vnto the time wherin great change indeed , and alteration was made in our countrey by particular statutes , and nationall laws ( so far forth as a perpetuall , and vniuersall receiued truth by nationall and temporall decrees could be altered ) in the foresaid point of spirituall and ecclesiasticall iurisdiction . for that k. henry the eight , after two partes of three , of his raigne , wherin he had not only acknowledged and practised , according to the vse of all his predecessours , but singularly also defended , and propugned by publicke writing , the catholicke consent of all christendome , concerning the soueraignty of the sea of rome therin ; did at length vpon certaine occasions of particular distast , anger , and exasperation , falling out betweene pope clement the . and him , about the diuorce of his wife queen catherine , daughter of spaine , and the marriage of lady anne bullen in in her place ( to neither of which the said pope would consent ) make strange innouations by little & little , as first threatning and the said pope , then substracting some of his authority , and giuing it to others , and finally taking all vnto himself . which deuise being once begun , was continued after his death , by the gouernours of his young sonne king edward , though with lesse probability and apparance of truth , as before hath byn noted , & then reiected againe by his daughter queene mary , who restored the same whence it was taken , but reassumed , though in a different deuise of words , by his second daughter q. elizabeth , that least of all was capable of it , as in precedent chapters hath byn declared . so as heere , though m. attorney doth euery where talke of auncient laws , and common consent , there is neither anquity , vnity , conformity , consent , or continuance of anie moment to bee found ; which will better appeare by that wee haue briefly to touch of ech one of these princes raignes in particular . of king henry the eyght , who was the twentith king after the conquest . §. i. . this prince succeeding his father king henry the . in the flower of his youth , when he was but . yeares of age , but adorned with many rare graces , both of mind and body , tooke the scepter in hand with as great expectation of his people , & neighbours round about him , as euer did prince of our land before , or after him : and for the space of more then . yeares performed the same in all points of an excellent prince , both in peace , and warre , vntill he fell into that vnfortunate , & fatall breach with his wife , and queene , and disordinate appetite of the other , that succeeded her ; whervpon ensued all those strange and vnexpected mutations which afterward were seene , one thing giuing occasion , and making way to the other , as the euents declared . . but among all other points of catholicke doctrine , no one was more obserued by this king , while he remained in his auncient peace of mind , then that of his due acknowledgment , subordination , and respectiue correspondence with the sea apostolicke ; which being in his dayes begun to be impugned , togeather with many other points of christian religion , by martyn luther an apostata friar of germany , and his followers : king henry out of his great zeale and feruour towards the said religion , and sea apostolicke , tooke vpō him to write a special learned booke in defence therof against the said luther , which booke he sent to rome , presenting it to pope leo the tenth , subscribed by his owne ●and ( which i haue seen ) by a speciall embassadour for that purpose , doctor clerke bishop of bath and vvells , that made an earnest speach and eloquent oration at the deliuery therof , in protestation and commendation of his kings high and resolute zeale in this behalfe ; all which being extant in print , i remit the reader thervnto , for his better satisfaction . . only i cannot pretermit to recite in this place , some of his words which he vseth in that booke in defence of the popes ecclesiasticall supremacy , which himself afterward vpon new passions rising , so greatly impugned . thus then he wrote against luther in those dayes : non tam iniurius ero pontifici , vt anxiè & sollicitè de eius iure disceptem , tanquam res haberetur pro dubia , &c. i will not offer so much iniury vnto the pope , as earnestly and carefully to dispute heere of his right , as though the matter might be held in doubt : it is sufficient for that which now we haue in hand , that his enemy ( luther ) sheweth himself so much to be carried away with passion and fury , as he taketh all faith and credit from his owne sayings , cleerly declaring his malice to be such , as it suffereth him neither to agree with himself , nor to consider what he saith . so be . . and then after a large confutation of luthers fond opinion , and furious assertion , that the pope neither by diuine or humane law , but onlie by vsurpation and tyrannie , had gotten the headshipp of the church , k. henry vseth two stong reasons and arguments against him , among other , to represse his maddnes therein . the first of generall consent from antiquitie , saying : negare non potest , &c. luther cannot deny , but that all the faithfull christian churches at this daie , doe acknowledge and reuerence the holie sea of rome , as their mother and primate , &c. and if this acknowledgment is grounded neither in diuine nor humane right , how hath it taken so great and generall roote ? how was it admitted so vniuersally by all christendome ? when began it ? how grew it to bee so great ? and wheras humane consent , is sufficient to giue humane right at least , how can luther saie , that heer is neither diuine nor humane right , where there is , and hath been for time out of minde , so vniuersall humane consent ? &c. certe si quis rerum gestarum monumenta reuoluat , inueniet iam olim , protinùs post pacatum orb●m plerasque omnes christiani orbis ecclesias obtemperasse romana , &c. truly if a man will looke ouer the monuments of things , and times past , he shall find that prefently after the world was pacified ( from persecution ) the most parte of christian churches did obay the roman : yea and the greeke church also , though the empire were passed to that parte , wee shall find , that shee acknowledged the primacy of the same romane church , but only whē shee was in schisme . and as for s. hierome though he were no roman ; yet did hee in his daies ascribe so much authoritie and preheminence to the roman church , as he affirmed that in matters of great doubt , it was sufficient for his faith , to bee allowed , and approued by the pope of rome , &c. this is the first argument vrged by king henry of antiquitie and consent . . another hee alleadgeth of impossibilitie , for the pope to haue attained by force and tyrannie , to so great authoritie , as he had , according to luthers calumniation ; the effect is this . cum lutherus tam impudenter pronunciet , &c. whereas luther so impudētly doth affirme , that the pope hath his primacie by no right , neither diuine , nor humane , but onlie by force and tyrannie , i doe wonder how the mad fellow could hope to find his readers so simple , or blockish , as to beleiue that the bishop of rome , being a priest , vnarmed , alone , without temporall force , or right either diuine or humane ( as he supposed ) should bee able to get authoritie ouer so manie other bishops his equals , throughout so manie and different nations , so far off from him , and so little fearing his temporall power : or that so manie people , citties , kingdomes , common-wealths , prouinces , and nations would bee so prodigall of their owne libertie , as to subiect themselues to a forraine priest ( as now so manie ages they haue done ) or to giue him such authoritie ouer thēselues , if he had no right therevnto at all . . but what shall i stand to dispute with luther in this matter ? or what importeth it , what he saieth or beleeueth therin , for so much as through anger , and enuie , he knoweth not himself what he thinketh or saith , but declareth well the saying of the apostle to be true in himself : cor ipsius insipiens obscuratum , itaditumque in reprobum sensum ; that his foolish heart is darkned , and deliuered ouer vnto a reprobate sense . so king henry , pronouncing , as you see , a heauy iudgment against luther now , and himself afterwarde , when he fell into the same darknes , and not only obscuritie of vnderstanding , but inconstancie also of proceeding , which heer so eagerly hee obiecteth to luther , for this he writeth of him . quis non eius miretur inconstantiam , &c. who will not wonder at luthers inconstancie , for a little before , he wrote in his bookes , that the papaltie , though it were not by diuine right , yet was it by humane , to witt by humane consent for the publik good of the church , and therevpon condemned and detested the sect of the hussites in bohemia , for that they had cut themselues off from the obedience of the roman sea , affirming that they sinned damnably , whosoeuer obaied not the pope . this he wrote verie lately ( since his fall from catholicke religion ) but now he is run into that , which then he so much detested . and like inconstancy he hath shewed in another point also , which is ; that hauing preached of late in a certaine sermon to the people , that the popes excommunication was to bee obaied , and patiently be borne , as a medecine in a disease . whē himself afterwards was most worthily excommunicated , he tooke that sentence of the pope so impotently , as seeming to be mad , or fallen into rage , he brake forth into such contumelious speaches , and blasphemies , as no christian eares can abide to heare the same : so as by his furie he hath made it euident : eos qui pelluntur gremio matris ecclesia , statim furijs corripi , atque agitari daemonibus . that those which are cast out from the lap of their mother the church , are taken presently with suries , and vexed with diuells . thus far k. henry , and much more to this effect , which for breuityes sake i pretermit . . and now let vs with greife of mind , & some terror of conscience , looke ouer , and reflect vpon that which happened afterward vnto this king himself , and into what extremes of passion and choller he fell in his writings and statutes against this very supremacy of the pope ( when he was excommunicated by him ) which heere he defendeth against luther , though in other points of doctrine he remained still opposite to luther , euen vnto his dying day . . it is worthy the noting also , what mutability and inconstancy he vsed , not only in the whole thing ( to wit , in d●●●ing the popes supremacy ) but in the very manner also of falling into that extremity . for first , for many yeares after the writing of this his booke , which was in the yeare of christ . he continued so deuout and obedient to the said sea of rome , as no king in christendome more , as may appeare by the mutuall good offices of loue , & friendship , that passed between them . and when six yeares after this againe , rome was spoiled by the army of the duke of burbon , & pope clement the seauenth held as besieged in the castle of s. angelo , no king or prince of christendome was more forward in the ayd of the said pope , then k. henry of england ; as may appeare by his great , and famous embassadge sent that very yeare into france by cardinall vvolsey about that matter , in the yeare . to draw the king of france into the association of that aid and help . . and when againe the next yeare after , king henry began to moue his doubt or question about the lawfullnes of his marriage with queene catherine , he referred the whole matter to rome , and procured iudges to be sent from thence , as namely cardinall campegius , that was directed from rome the selfsame yeare into england for legat , with like commission for cardinall vvolsey to be ioyned with him , as deputyes from pope clement , to heare , and iudge the matter , before whome sitting in iudgment , both k. henry and queen catherine being cited personally to appeare , they made their appearance in the church of the black-friars in london , in the moneth of aprill anno domini . which was the one and twentith of king henryes raigne . and albeit king henry being offended , that by this means of these two legats ( the pope accepting of the appeal of queen catherine , & recalling the matter to himself ) he could not haue his wil , did put from his fauour soone after cardinall vvolsey , when the other was departed , and brought him to the miserable end which is well knowne , yea & condemned for his sake , the whole clergy of england , in a premunire , that is to say , the losse of all their goods , which afterward they redeemed with a submission , and payment of a hundred thousand pounds , for that they had acknowledged the said cardinals legantine authority , which himself had procured from rome ; yet did not he for this , surcease to send other embassadours to continue the solicitation of the same suite of diuorce , in the said court of rome : and namely among others , doctor stephen gard●●● , the kings chiefe secretary , soone after made bishop of vvinchester , who was sent thither ( as stow and others doe testifie ) presently after the departure of cardinall campegius in the same yeare . neither did king henry leaue of to hold his embassadours , lawyers , and procurators there about this matter , for two or three yeares after this againe , vntill he saw there was no hope to get his diuorce by that means ; and on the otherside was resolued to marry the lady anne bullen whatsoeuer came of it , and so did in the yeare . and . of his raigne . . thus then you see the beginning and progresse of the cause of king henryes breach with the sea apostolicke , which probably would neuer haue byn , if he could haue obtained his will that way ; but falling into despaire therof , tooke resolution to cut the knot , which otherwise he could not vndoe . but the manner of his proceeding may be best seen by two acts of parlament set downe heer by m. attorney the one of the . the other of the . yeare of king henryes raigne : for that in the former , which was in the yeare of his marriage with lady anne bullen , as hath byn said , he prohibited all appeals in causes ecclesiasticall to the court of rome , reducing all spirituall authority of determining the same vnto the body spirituall of the english clergy ; for so the words of the statute are : the body spirituall of the english church ( saith he ) hauing power , when any cause of the law diuine happened to come in question , or of spirituall learning . &c. to declare , and determine all such doubts , & to administer al such offices , & duties , as to their roomes spiritual did appertaine , without the intermedling of any exteriour person , or persons , &c. wherby it appeareth , that by this statute he reduceth all spirituall power to a certaine community of the ecclesiasticall body of england ; but in the second statute , that followed in the yeare after , against suing for licences , dispensations , facultyes , graunts , rescripts , or delegacyes to rome , he seemeth to establish all authority in the archbishop of canterbury , that was then thomas cranmer , newly made by himself for allowing of his marriage with lady anne bullen ; for so he saith in the statute : that the archbishop of canterbury for the tyme being and his successours , shall haue power and authority from tyme , to tyme , by their discretions , to giue , graunt , and dispose , by an instrument vnder the seale of the said archbishop , vnto the king , and vnto his heirs & successours kings of this realme , as well , all māner of such licences , dispensations , compositions , facultyes , graunts , rescrips , delegacyes , instruments , and other writings for causes not being contrary , or repugnant to the holy scriptures , and lawes of god , as heertofore had byn vsed , and accustomed to be had , and obtained by the king , or any his most noble progenitors , or any of his , or their subiects at the sea of rome , or any person , or persons by authority of the same , &c. . lo heer king henry giueth authority to the archbishop of canterbury , to giue vnto him ( to wit , to king henry himself , and his successors kings of england , and their subiects ) all dispensations , which they were wont to ●●ke , and obtaine at the popes hand : so as heer , he acknowledgeth , that in former times , that authority belonged to the pope , and that his auncestors and progenitors were of that opinion ; but that now he being offended with him , he would take it from him , and bestow it vpon the archbishop of canterbury , subiecting himself and his inheritours , to aske , and obtaine the said dispensations at his hands , and his successours , which was ( as you see ) to make archbishop cranmer pope , and not himself for this yeare , as the whole body of the english clergy was for the yeare past . . and wheras it is euident that king henry gaue this authority to cranmer for dispensing &c. to the end he should dispense with him for marrying of the said lady anne bullen ; it seemeth strange , that he would vse this so ridiculous circuyt , as first to giue authority by parlament to cranmer , to be able to dispense with him ( to wit with king henry the giuer ) and would not take immediatly , either by himself , or by parlament , authority to himself , to dispense with himself . but it is well seen , that he had some remorse , or shame-fastnes therin at the first beginning , though the very next yeare after he amended the matter , or rather made it worse by assuming it to himself . for calling another parlament vpon the . of his raigne , he made the first statute of all , with this title : an act concerning the kings highnes to be supreme head of the church of england , and to haue authority to reforme , and redresse all errors , heresies , and abuses in the same . wherby you may see , what gradation was vsed in this matter , or rather mistery , giuing this power first to the community of the english clergy , secondly to the archbishop of canterbury , and thirdly to himself ; and all this in three distinct yeares immediately following one the other . . and now , if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction , as no doubt they did in thousands of our countrey at that tyme ; and if the eternall wisdome of our sauiour christ hath left no more certainty , for direction of our soules , by spirituall gouernement and authority , then this of our english parlament , which changeth so often and easely , as you haue heard , vpon euery princes particuler inclination ; then are we ( doubtlesse ) in a pittifull plight : for that ( as hath byn declared before ) of the certainty of this spirituall power , for binding or loosing of our sinnes , for sacramēts , instructions , directions , and all other spirituall helps , and assistance in this life , dependeth the surety of our euerlasting saluation , or damnation in the life to come . . but to goe forward a little further in this matter , now we haue king henry head of the church , and m. attorney , no doubt , is glad therof for helping of his cause , though it help it but little or nothing at all , it being the first example that euer could be giuen therof in england , or elswhere throughout the christian world , and so much the more to be misliked , if we beleiue iohn caluin in his sharp reproofe of this attempt , which he calleth tyrannicall , & anti-christian . but m. attorney ( perhaps ) will not care for caluin or beza , or any of their followers in this point , for that it maketh not to his purpose . well then , he must notwithstanding graunt this in all reason , that if this supreme authoritie spirituall was wel and rightly , and by gods direction , spirit , and allowance taken vpon himself , by king henry ; then is it likely , that he was guided also by the same spirit afterward in making his decrees , laws , and ordinances for directing , and gouerning the english church by that authority , and especially for reforming , and redressing of all errors , heresies , and abuses therin , according to the speciall title of his said authority before set down ; wherof it followeth , that when vpon the . yeare of his raigne , which was fiue after the said authoritie giuen him , hee calling a parlament , determined six mayne and principall articles of protestant religion to bee heresies , to witt : the deniall of the reall presence : of the communion vnder one kind only : that priests may marrie : that vowes of chastitie may bee broken : that priuate masses are not lawfull : that sacramentall , or auricular confession is not necessarie ; appointing them that should hould any of these heresies ( so cōdēned by him ) to be burned as notorious hereticks : it followeth ( i say ) that this was decreed by him out of the same spirit , and direction of god ; for that otherwise , his ecclesiasticall supremacy had byn to small purpose , if there were no certainty in his determinations , or that god would permit him to erre so grosly in so importāt a busines as this was for the whole church of england , so soone after he had ginen him his said supreme authoritie ecclesiasticall . . and that this was done by him against the protestants with great deliberation , consultation , aduise , & maturity in the fullnes of his power ecclesiasticall , appeareth well by the words of the statute , which are these : vvhere the kings most excellent maiesty , is by gods law , supreme head immediatly vnder him , of his whole church of england , intending the conseruation of the same church , in a true , sincere , and vniforme doctrine of christs religion , calling also , to his blessed , and most gratious remembrance , the innumerable commodities which ensue of concord , and vnity in religion , &c. hath therfore commaunded this his most high court of parlament to be summoned , as also a synod of all the archbishops , bishops , and other learned men , to bee assembled , &c. for a full , and persect resolution of certaine articles proposed ( which are the former six ) ; his maiesty also most gratiously vouchsafing in his owne princly person , to descend , and come into his said high courte , and councell , and there like a prince of most high prudence , and no lesse learning , opened and declared manie thinges of high learning & great knowledge touching the said articles , matters , & questions ; whervpon after great , and longe deliberate disputation and consultation , had , and made ; it was finally resolued , as before , &c. . thus you see , how maturely this matter was done , and resolued by the new head of the english church , and his counsell : which resolution not withstanding , i presume , m. attorney and those of his religion will not well allow à parte rei ; though for his authoritie , they may not denie it , according to their owne grounds , in that he did contradict therin the popes : and so in this respect they seem to bee but in pittifull plight , for that neither the one , nor the other head serueth well their turnes . and with this wee shall leaue king henry the . who in all the rest of his raigne ( which , as hath byn said , was but the third parte after his spirituall headship , of that he had raigned before , in acknowledgment of the popes supremacie ) his decrees , ordinances , and actions though they were inconstant & variable ; yet were they all ( except this only controuersie of the popes authoritie ) against protestants , and their religion , as appeareth both by his solemne condemning and burning of iohn lambert for denying the reall presence , the next yeare after this statute was made ; as also of anne ascue and others , vpon the last yeare of his life , for the same heresie , and of manie others for other protestant-opinions ; so as i doe not see how m. attorney can much glorie in this first headshipp of his church of england , especially that being true , which bishop gardiner preached , and protested publikely at pauls grosse in queen maries time , that k. henry dealt with him a little before his death for reconcyling himself to the pope , by restoring to him his authority againe , if with his honour it might bee brought to passe , but before this could bee treated he died , and thereby was frustrated of his good purpose therin . the answere to certaine instances of m. attorney out of this raigne of k. henry the eight . §. ii. . and this might suffice for king henries raigne , but only that m. attorney , vpon the recitall of certeyne of the said kings statutes made by himself , for his owne spirituall supremacy , ( which i hold not needfull for me to stand to answere ) he moueth a doubt , and answereth the same in such sorte , as is worthy of consideration . his doubt is , that for so much as k. henry was now declared head of the church , and all ecclesiasticall iurisdiction taken from the pope in england , and in english affaires ; what shal become of the canons , or canon law , togeather with the constitutions and ecclesiasticall ordinances depending of the church of rome , wherby the spirituall courts of england were wont to bee gouerned ? you shall heare his answere in his owne words . the attorney . if it bee demaunded ( saith hee ) what canons , constitutions , ordinances , and synodals prouinciall are still in force within this realme ? i answere , that it is resolued , and enacted by authoritie of parlament ; that such as haue been allowed by generall consent , and custome within the realme , and are not contrariant or repugnant to the laws , statutes , and customes of this realme , nor to the damage or hurte of the kings prerogatiue royall , are still in force within this realme , as the kings ecclesiasticall laws of the same . now , as consent , and custome hath allowed those canons ; so no doubt by generall consent of the whole kealme , anie of the same maie bee corrected , enlarged , explained , or abrogated . for example , there is a decree , that all clerkes that haue receiued anie manner of orders , greater or smaller , should bee exempt pro causis criminalibus before the temporall iudges . this decree had neuer anie force within england . first , for that it was neuer approued , and allowed of by generall consent within the realme : secondly it was against the laws of the realme , as it doth appeare by infinite presidents . thirdly it was against the prerogatiue and soueraigntie of the king , that any subiect within this realme , should not bee subiect to the laws of this realme . the catholicke deuine . . heere you see two points touched in this answere : first the resolution it self , and then the confirmation therof by a speciall example . the resolution is very ambiguous , doubtfull , and vncertaine , if you consider it . for he saith , that such canonicall laws are to bee still in force , as were allowed by generall consent , not contrariant to the laws , statutes , and customes of this realme , nor importe anie dammage to the kings prerogatiue royall . and what are these thinke you ? and how vncertaine a rule is this prescribed for laws , whereby matters of conscience must be determined ? who may not say in his owne case , or others ; this canon , or constitution , though it be of neuer so auncient councels , or decrees of the church , ( for of such consisteth the canon-law ) was neuer allowed by generall consent of england ; this is contrariant to some statute or custome ; this importeth dammage to the kings prerogatiue royall : and so indeed by establishing this new headship , the whole body of ecclesiasticall regimēt was ouerthrowne , though m. attorney to salue the matter , saith ; that the said canonicall lawes should remaine still in force ( with the restrictiōs aforesaid ) as the kings ecclesiasticall lawes ; which is as much to say , as that these canon-lawes that were made by generall councels , nationall or prouinciall synods , and by the popes of rome themselues , shall not remaine as their lawes , but as the kings lawes , for that he retaineth them : of which poore refuge i haue spoken often before , how weake and idle it is . . but now for his particular example , chosen out to proue that the generall canonicall lawes of the whole church receiued throughout christendome , may be corrected , and enlarged , explaned & abrogated by a particular countrey ( which is contrary to the common maxime , that no law can be abrogated , but by the same authority , by which it was made and allowed , or greater ) i cannot but maruaile , that he would insist vpō the exemption of clerks from secular tribunals , no one thing in all the libertyes and priuiledges of the church and church-men , being more ordinary , not vsuall , nor generally receiued , then this ; though m. attorney presumeth to affirme heere , that this decree had neuer any force within england , which seemeth to me so manifest an vntruth , as i marueile he would affirme it so flattly . for , to let passe all that i haue said before in the second chapter of this our confutation , for the confirmation of the exemptions of clerks , their persons , and goods , out of the decrees of auncient christian emperours , that ratified the church-canons in that behalfe , and the conformity therevnto of our christian kings before the conquest , handled in the . & . chapters of this booke ; besides this ( i say ) the assertion of m. attorney may euidently be ouerthrowne by all the laws , vse , and custome since the said conquest ; and namely , and expressly by the laws of the conquerour himself , recited before by me in the . chapter of this answere , which were continued by all the said conquerours posterity , vntill the tyme of king henry the . when written statutes had first their beginning & namely that of magna charta , by which lawes and statutes the said priuiledge and exemption was often and ordinarily ratified and confirmed . . as for example , in the third yeare of king edward the first , sonne to the said king henry , the statute speaketh thus : when a clerke is taken for guylte of felony , and is demaunded by the ordinary , he shall be deliuered to him , according to the priuiledge of holy church , on such perill , as belongeth to it , after the custome aforetymes vsed , &c. behold the contradictory words to m. attorneys , that said this decree had neuer any force , nor was approued in england . the instance also of bigamyes alleadged before by m. attorney , and answered by vs in the . chapter of this booke , vnder the raigne of this king edward the first , doth euidently confirme that which we say , and refuteth m. attorney . for that the kings counsell refusing there to deliuer certaine felons demaunded by the prelates , in respect only that they were bigamyes , or had byn twice marryed , & therby were excluded , by the generall councell of lions , from the priuiledge of clergy-men ; this ( i say ) doth shew , that before that councell , bigamyes also had that priuiledge by the latin words of the law , wherin it is said : praelati tanquam clericos exig●runt sibi liberandos : these prelates or bishops did exact , or require those felons to be set free vnto them , as clerks ; & doth manifestly declare , that they demaunded it by the knowne law of the land , generally receiued in those dayes . . and conforme to this , vnder king edward the second , sonne to the former edward , we find the law to speake in these words , a clerke flying to the church for felony , to obtaine the priuiledge of the church , if he affirme himself to be a clerke , shall not be compelled to abiure the realme , but yeelding himself to the law of the realme , shall enioy the priuiledges of the church , according to the laudable customes of the realme heeretofore vsed . so there ; where you see that this was no new thing in those dayes . . and i might ad to this , diuers other like decrees of the succeeding kings , as namely of king edward the third , in the . and . yeares of his raigne , and of king henry the . in the . yeare of his raigne , vnder whome it is written in the records of canterbury church , that the archbishop arundel seeing this ancient priuiledge of the clergy to haue byn somwhat weakned by former kings , he dealt with the said king henry effectually , and obtained , saith the register , vt vetus cleri praerogatiua , per regem renouaretur , ne clerici ad regium tribunal raperentur . that the auncient prerogatiue of clergy-men might be renewed by the king , that clerks should not be drawne to the kings tribunall . and this was a point so notoriously knowne in england in those dayes , as when vpon the yeare . in the said king henry the fourth his raigne , the archbishop of yorke richard scroope , togeather with some others of the nobility , had risen in armes against him , and the king in his choller would needs haue him condemned and executed ( as he was ) gaston the cheife iustice ( as harpesfield noteth out of the said bishops life , and the addition of poli-chronicon ) knowing that by the law , he could not be condemned by a secular iudge , refused to sit vpon him , and so he was condemned by syr raph euers , and syr vvilliam fulthrop knights , authorized therevnto by the kings armed commission ; wherof the clergy greatly complaining , pope innocentius the seauenth excommunicated the doers , and denounced to k. henry , by the archbishop of canterbury , that he would proceed in like manner against himself , if he gaue not good satisfaction in that behalfe , but he dying soone after , and a great schisme thervpon ensuing in the roman church , nothing was done . . but much auncienter then this , wee might alleadge diuers examples out of the raignes of king henry the . and edward the . wherof wee haue made mention also in parte before , treating of their times , as of one peter ri●all , who had been treasurer to king henry the . and being apprehended by the kings commission and to bee sent to the tower , said to him thus , as matthew paris writeth . domine , clericus sum , nec debeo incarcerari , vel sub laicorum custodia deputari . my leige , i am a clerke , and therefore i ought not to bee imprisoned , nor to bee kept vnder the custody of laie-men . the king answered . te , vt laicum hactenûs ges●isti , à te igitur , vt à laico , cui meum commisi thesaurum , exigo . thou hast borne thy self hitherto as a laie-man , and therefore , as of a laie-man , to whom i committed my treasure , i exact an account of the same . and for that he was found with armour vnder his clergie attyre , both for this , & because the archbishop of canterburie there present , seemed not willing to answere for him , he was sent to the tower , yet after two daies ( saith our author ) he was deliuered againe thence by the said archbishop , and carried to vvinchester , and there left in the cathedrall church . . and some fiue yeares after that againe , one raph briton , a clerke and cha●on of s. pauls church , who likewise had been k. henries treasurer , being accused to the said king of diuers crimes touching treason , and by his commission to the maior of london , apprehended and sent to the tower , was by the instance of the clergie , vrging their said priuiledge , dismissed . rex dictum ranulsum ( saith paris ) licet inuitus , solui , & in pace dimitti praecepit ; the king though vnwilling , commaunded the said raph to bee let forth of prison , and peaceably dismissed . so as this exemption was no new thing at that time , as m. attorney would haue it seeme . and of king edward the third , aboue a hundred yeares after that againe , thomas vvalsingham alleadgeth this confirmation of the said priuiledge in his time : quod nullus clericus sit arrei ratu● coram iustitiarijs suis , siue ad sectam suam , siue partes , si clericus suae clerimoniae se submittat , dicens , se membrum ecclesiae sanctae non debere ipsis iustitiarijs respōdere . that no clerk maie bee arraygned before the kings iustices , at the suite of the said king , or of anie other party , yf the said clerk doe submitt himself to his clergie , affirming , that hee being a member of holy church , ought not to answere to the said iustices . so vvalsingham . and this shall bee sufficient to meete with the assertion of m. attorney to the contrary : and herewith shall we end our speach of king henry the eight . of king edvvard the sixt , the one and twentith king after the conquest . §. iii. . this younge prince being but a child of . yeares old , when his father king henry died ( as often hath been said ) was by his tutors and gouernours , especially his vncle earle of hartford ( after made duke of somerset ) and some others that followed his appetite in the desire of innouation about matters of religion , declared head of the church , vnder the same stile , as his father had been before , and by that headship and pretence therof , they took to thēselues authoritie to make that change , which after ensued , partly to the opinions of luther , & partly of zuinglius ( for caluin was not yet so famous , or forward in credit for some years after ) and to ouerthrow and alter in effect all that king henry by his headship had ordained , and established before , concerning religion , as may appeare by the seuerall and particular repeals of the most parte of all his statutes , touching that affaire , except only this of his departure from the pope , and obedience of the sea apostolicke . . but yet one principall declaration , and important constitution they added in this matter ( as before hath been touched ) aboue that of king henry ( according to the saying , facile est inuentis addere ) and this is , that whereas the father k. henry taking from the pope his accustomed iurisdiction ecclesiasticall , did transferre it vnto his clergie of england , and afterward declaring himself spirituall head of that clergie , did consequentlie inferre , he was head of the english church also in spirituall matters , yet did he not explaine from what origen properly , this spirituall power did flow : which point the said gouernours of the child-king edward did interprete and decide , shewing that all spirituall iurisdiction , power , and authority ouer soules , by loosing or binding of sinnes , or other spirituall actions , in bishops , prelates , and priests , proceeded , and was deriued from this young child , who yet notwithstanding , as ech man may consider , was not of yeares to haue perfect vse of reason for disposing so much as temporall matters , and how much lesse in spirituall . for so affirmeth plainly s. paul to the galathians . quanto tempore haeres par●ulus est , nihil differt à seruo , cum sit dominus omnium , sed sub tutoribus , & actoribus est , vsque ad praefinitum tempus à patre . all the time that the heire is young , or vnder age , though he be lord of all by inheritance , yet doth he differ nothing from a seruant or bound-man ( in subiection ) but is vnder tutors , and administrators , vntill the tyme of his age appointed by his father . so the apostle . . and if then this young king had not yet authority , as of himself , to dispose of any temporall affaires , which are of much lesse moment ; we may easily consider , what may be thought of spirituall , and ecclesiasticall , that require more the vse of reason , and iudgement , for exercising of iurisdiction therin , then doth the other . but you will say ( perhaps ) that the same tutors , and administrators , that gouerned him in secular , & ciuill affaires , might take vpon them also iurisdiction in the spirituall likewise : and so the duke of somerset ( for example ) with his assistants , might be secondary or vicar-heads of the church of england vnder him for the tyme , to absolue , or bind sinnes , determine of heresies , dispose of sacraments , and the like . . but to this ●s easily answered , according to the principles set downe in the secōd chapter of this booke , that for so much , as all temporall power is giuen first of all by god , in the law of nature vnto the people or multitude , who thereby haue authority to transferre the same to what manner of gouernement they like , either monarchie , or other ; it followeth also , that the common-wealth that had authority to choose , or appoint the state of kings to raigne ouer them , had , and hath power to giue sufficient authority in like manner , to tutors and administrators , to gouerne the said common-wealth in temporall affaires , during the tyme of their kings minority or non-age : but that the origen of spirituall power comming not by this way of the people , nor being giuen to them at all , but immediatly by christ our sauiour to his apostles , and their successours , bishops and prelates , by lawfull ordination and succession of priesthood , and imposition of hands to the end of the world ; no temporall tutors , or administrators could rightly get into this authority , except they were first made priests , and this also by caluins opinion and assertion , as well as ours , as * before hath byn declared . . by this then wee see , how ; and by what assurance this headship of the church , and supreme ecclesiasticall authoritie therof , passed from the father to the sonne , which was such , as it liked not m. attorney to alleadge anie one statute of this mans time against vs , though all in deed were made against vs , and against the said father , as maie bee easily imagined , considering the current of that time . and the very first of all was in fauour of luthers opiniō , about the a reall presence , which afterward they changed into that of zwinglius . they changed also twyce their b communion booke , and forme of seruice and sacraments : first vpon the second and third yeares of king edwards raigne , and secondly vpon the . and . as appeareth in the particular statutes of those yeares . they repealed a great number of k. henries statutes , as by name concerning treasons c and heresies . they repealed his famous statute for precōtracts d in marriages ; as also dissolued diuers of his e courts , that he had set vp . and finally they respected nothing the said king henries headship , nor his prescription or direction therin , but follow●d their owne for the time that their power endured : and yet all was published vnder the name of the ghospell , and new reformation , established by negociation in parlament , as though the matter had proceeded from very sound and founded ecclesiasticall authoritie . and this for that time , wherof m. attorney alleadging no one example against vs , i haue no further need to enlarge my self . of the raigne of queene mary , the two and twentith princesse after the conquest . §. iiii. . as m. attorney doth pre●ermitt the memorie of queen mar●e without mentioning her at all ; so could i haue done also , but that my purpose is to passe through the raignes of all our princes , without ouerpassing of anie . and it maie serue also to our purpose , to consider therby the broken and interrupted succession of this new headshipp in the father , sonne , and daughters . for as the father by his act , had contradicted all his auncestors kings of england before him , from the beginning of their conuersion vnto his daies ; so his sonne , though succeeding him in the participation of that act , yet contradicted him in all the rest that hee decreed , touching matters of religion , by vertue of that headshipp after him : & then came th' elder daughter , who cōtradicted them both , and restored all to the auncient state againe , wherin it had cōtinued throughout the race of al her auncestors progenitors of england and spaine , for a thousand yeares and more . so as heer m. attorneys prescription can bee verie small , for so much as his whole thrid therof was broken and cut of by q. marie , and consequently he must begin againe with q. elizabeths raigne , as the fountaine of all his deduction . . and for so much as queen marie hauing , as a deuout , obedient , and catholicke princesse , returned al things belonging to religion , to their auncient state and cōdition , wherin her father found them , and her grand-father left them , shee repealed , and mortified all such statutes of innouations and new deuises , as shee found to haue been made vpō anie occasion , or fansie what soeuer , during the time of her said father and brother , reducing her self in obsequium fidei , to the humble obedience of that only faith , which had been held , and practised in christs vniuersall church , and namely also in england , from the beginning vnto her said fathers daies ; punishing likewise diuers of the heads and authors of those new innouations and alterations , that had been made : and mamely and aboue others , the chiefe author and instrument of all , thomas cranmer archbishop of canterburie , who entring catholikly , as was thought , into that dignity , was the first archbishop that euer failed , or dissented in his faith frō the rest , or from the obedience , and subordination to the sea apostolicke , and so by gods iudgmēt , came to bee a stange example of a miserable end , to bee burned publikly for his heresies ; and for that in particular , against which his noble and learned predecessours , lanfrancus , anselmus , and other archbishops of canterburie , had foughten most famously , aboue other learned men , when it first sprang vp in berengarius , the first author and inuentor therof , in the daies of vvilliam the conquerour ; i meane , the deniall of the reall presence in the blessed sacrament , which of all other heresies , was most hatefull vnto him , for whose sake , cranmer first of all declined to schisme and heresie , i meane king henry the eight ; yea and to himself also for a tyme , after the others death , as may appeare by the foresaid first statute , made cheifly by his authority , in the first yeare of king edwards raigne , in fauour of the said reall presence against the sacramentaryes . . all which being so , euery man may behold what ground , or certainty there was in those dayes , or is now , for men to leave the catholicke knowne religion , and cast the saluation of their soules vpon such alterations , as these were . for that after queen mary , who had restored all to the auncient state , as hath byn said , came her younger sister queen elizabeth , a lady of some fiue and twenty yeares of age , who by little and little altered all againe , agreeing in all points neither with the one , nor with the other , neither with them that had made the former alterations , but brought in a new and distinct forme and fashion of beleiuing & worshipping god , peculiar to it self in diuers points , and differing from all in some . of which innouation by the said younger sister against the elder ( they being the only two queens that euer haue raigned in their owne right within our land , since the beginning of christianity ) we shall now passe to speake a few words , and so end this whole discourse of our english princes , and their religion . of the raigne of queen elizabeth , who was the three and twentith princesse after the conquest , and last of king henryes race §. v. . this lady being the daughter of king henry and queene anne bullen , comming to raigne after the foresaid queen mary her sister , was persuaded to resume , and take to her self that supreme spirituall power and iurisdiction , which queen mary her elder sister had refused , and caused to be restored to the place and persons , from whom it was taken by her father and brother . and i say she was persuaded therevnto , for that it is the opinion of many men that knew her , and conuersed with her , both before and after her entrance to the crowne , that she had neither great desire to take it at the beginning , nor opinion that she might doe it ; but only that she was told , it was necessary to her present state at that time , in regard of diuers popes sentences past against her legitimation , & the lawfullnes of her parents marriage , and the pretense of the queen of france and scotland at that tyme , vpon 〈◊〉 supposed desect , to the crowne of england , as due to her , ●●ough the others illegitimation . . for remedy of all which , it was made a matter necessary , that she should take the said authority ecclesiasticall from the pope and sea of rome , and place it in her self , especially when by negociation of some that desired the change , it was brought about , that the parlamēt should offer it vnto her vnder this plausi●● title of , an act for restoring to the crowne the ancient iurisdictiō of the 〈◊〉 ecclesiasticall and spirituall ; and the act it self so cunningly , and ●●●ertly penned , as before hath byn said , as throughout the same ●●re is not found so much as once mentioned or named , the head of the church , which euery-where is iterated & vrged in the statutes , that gaue the same power to her father and brother ; but in steed therof , commeth in the deuise before mentioned of supreme gouernesse , with authority to visit , reforme , correct errors , heresies , c●●ses &c. and al this for sweetning the matter ( as a man may say ) to this lady at the beginning , who ( besides the other reason of caluins mislike & reprehension therof before mentioned in king henry the eight ) had little opinion , or appetite of the matter in those dayes , not being ignorant ( for that she was of excellent wit ) how strange a thing it would seeme in the world , to haue one of her sex supreme in sacred and ecclesiasticall matters , i● ijt ●ua sunt ad deum , to vse s. pauls words in this case , that is to say , in those things , that are to be handled with god for men , or between god and man. . but being tolde by some in good sadnes at that time ( and m. attorney offereth to stand to it now ) that this authority was no new thing , or ( to vse his words ) not a statute introductorie of a new , but declaratorie of an old , and that the same was conforme to the auncient laws of england , acknowledged , and practised by all her auncestors , kings of the same , and that the difference of her sex , as they had qualified the matter , and couched their words , did hinder nothing at all the acceptance of this authority ; shee was content to lett it passe , & admitt therof for the time , though i haue beene most credibly informed , by such as i cannot but beleiue therein , considering also her forsaid sharpenes and pregnancie of witt , that vpon diuers occasions ( especially for some yeares after the beginning of her raigne ) she would in a certaine manner of pleasantnes iest thereat herself , saying : looke what a head of the church they haue made mee . . and to the end that no man may imagine , that these things , & some other , which heer i am to touch of the good dispositiō , this deceased princesse had of her self , towards catholicke religion at the beginning of her raigne , and for diuers yeares after , if she might haue been permitted to her owne inclination , are fayned ; i doe affirme vpon my conscience , in the sight of him that is author of all truth , and seuere reuenger of all false-hood , that nothing hereof is inuented , or framed by mee , but sincerely related vpon the vndoubted testimonies of such as reported the same , out of their owne knowledge . as for example that not longe before the death of q. marie , a cōmission being giuen to certaine of the priuie counsell , to goe and examine the said ladie elizabeth at her howse of hat-field , not far from london , when other matters had been debated , shee taking occasion to talke with one of them a part in a window , said vnto him with great vehemencie of spirit , and affliction of mynd , as it seemed , laying her hand vpon his : oh syr ! and is it not possible , that the queen my sister , will once bee persuaded that i am a good catholicke ? yes , madame , quoth the counsellor , if your grace bee so indeed , god will moue her maiestie to beleiue it . wherevpon the said ladie both sware and protested vnto him , that she did as sincerely beleiue the roman catholicke religion , as anie princesse could doe in the world : & in proofe thereof , alleadged the order of her familie , which was to heare masse euery daie , and the most of them two , one for the dead , and the other for the liuing . and this hath the said * counsellour oftentimes related vnto mee and others , hee being a man of great grauity , truth , and sinceritie in his speeches . . and cōforme to this , i haue seen a letter written in spanish from the said howse of hat-field , vnto k. philip then in flaunders , by the count of fer●● , afterward duke , and then embassadour for the said king in england , which letter was written vpon the . daie of nouember in the yeare . when queen marie being now extreme sicke , and annealed , & out of all hope of life , he went to visit the said princesse elizabeth from his maister , and relateth all the conference , and speach he had with her , and her answers to diuers points concerning her future gouernment , with his opinion of the same , both in matters of 〈◊〉 and religion : concerning the latter wherof , though hee discouered in her a great feeling and discontentment of certaine proceedings against her , in her sisters time , and therevpon did fore●●some troubles like to ensue to some of them , that had been in ●●fe gouernment , and namely to cardinall poole , if he had liued : 〈◊〉 wrtieth he , that for the principall points of catholicke faith ●●en in controuersie , he was persuaded , she would make no great ●●teration , and in particular he affirmeth , that she protested vnto vnto him very sincerely , that she beleiued the reall presence in the sacrament , after the words of consecration pronounced by the priest. . which relation of this noble man is much consirmed by that which was written to the said queene herself , some six or seauen yeares after , by doctor harding in his dedicatory epistle before the confutation of the english apologie of the church of england , vpon the yeare . wherin he commendeth her liking of her more sober preachers : both allwayes heertofore ( saith he ) and specially on good-friday last openly by words of thanks , declared , when one of a more temperate nature then the rest , in his sermon before your maiesty , confessed the reall presence . so he . and that this opinion , and affection staied and perseuered with her , euen vnto her old age by her owne confession , i haue for witnes another worshipfull knight yet aliue , who vpon the truth of his conscience hath often protested vnto me , that hauing occasion to walke , & talke with her , and to discourse somewhat largely of forraine matters ( for that he was newly come frō beyond the seas ) in her garden at vvhitehall , not aboue fiue or six yeres before her death , & relating vnto her among other things , the iudgment and speaches of other princes concerning her excellent partes , of learning , wisedome , bewty , affability , variety of languages , and the like ; but especially the speaches of certaine great ladies to this effect , vpon viewing of her picture ; the said knight seeing her to take much contentment therein , and to demaund still greedily what more was said of her , he thought good ( asking first pardon ) to ad the exception that was made by the said ladies , to wit , how great pitty it was , that so rare a princesse should be stained with heresie , wherat her grace being much moued , as it seemeth , answered : and doe they hold me for an heretick ? god knoweth what i am , if they would let me alone ; and so auouched vnto him in particular , that she beleiued the reall presence in the sacrament , with other like protestations to that effect . . and sundry yeares before this againe , there being sent into england from france , one monsieur lansacke of the french king counsell , that was steward in like manner of the queen-mothers houshould ( as before hath byn mētioned ) he was wont to recount , & testifie after his returne , with great asseueration , that hauing had confident speach with the queen of england , about matters of religion , she told him plainely that which before we touched about her spirituall supremacy , to wit , that she knew well inough that it belonged not to her , but to s. peter , and his successours , but that the people , and parlament had layed it vpon her , and would needs haue her to take , and beare it . adding moreouer her catholicke opinion about other points in controuersie also , and namely about praying to saints , affirming that euery day she prayed herself to our blessed lady . and so far forth had she persuaded this to be true to this french counsellour , as he did not only beleiue it , and reporte it againe with great confidence , but was wont to be angry also , with such as should seeme to make doubt of the truth therof : among whome , for one , was a worshipfull gentleman of our owne countrey yet liuing , that resided then in that court , and had often conference with the said monsieur lansacke about the matter . . and by all this we may see , that the said queen was drawne to many things against her owne inclination , & much resistance she made at the beginning , for diuers dayes , to admit any change of religion ; and therevpon presently euen before her coronation , she caused proclamation to be made , that none should preach ( saith stow ) but such as should be appointed ; & that no rites , or ceremonies vsed in the church should be altered , but as it was in her owne chappell ; and this , to preuent such innouators , as she knew would presently be doing , if they were not preuented : against whom she would often speake bitterly and contemptuously in secret with certaine * noble men , whom she knew to be catholicke , complayning of their importunity , and signifying her owne good affection toward catholicke people , and that she was vrged on , by those other , far beyond her owne inclination ; which she declared in like manner by keeping the crosse , and crucifix of christ in her chappell for diuers yeares , against the bitter exclamations of the said turbulent people , wherof the forenamed doctor harding giueth testimony also in his said epistle dedicated to herself saying : your constant bearing and vpholding of the banner , and ensigne of our redemption ( the image i meane of christ crucified ) against the enemyes of his crosse ; your princely word commaunding a treacher , that opened his lewd mouth agains● the renerend vse of the said crosse in your priuate chappell , to retire from that vngodly digres●●● , vnto his text of holy scripture , &c. doth well shew your good inclination . so he . . and all this i haue thought good ( omitting many other things to this effect ) to mention in this place , for some parte of excuse ( if it may be ) of the many and greiuous afflictions laid vpon her catholicke subiects afterward by her authority , for profession of the said faith and religion , which herself at the beginning seemed not to mislike . and surely her example may be a dreadfull president , how far , and daungerously princes may be led by arte , and importunity of others , if they be not wachfull to resiste them at the beginning . for that this princesse , notwithstanding her milde & gentle disposition , which you haue heard , was drawne on by little and little , to make more greiuous statutes , decrees , and ordinances , against that parte of her subiects ( which might haue byn held vnited vnto her ) then euer ( perhaps ) did prince before her , either pagan or christian , against any sorte of malefactors whatsoeuer . . and of this , let the multiplicity of statutes extant against them be witnes , the death of so many priests , and others of that religion , yea of her deerest and neerest in bloud , that then was liuing , togeather with the imprisonments , vexations , and tribulations of innumerable good subiects for that cause ; which brought her finally , after many troubles and terrours , distrusts and iealousies , to that melancholike afflicted state of mind , wherin she died . all which had byn auoided , if ( to vse her owne phrase ) they would haue let her alone , and left her to her owne disposition , and mylde inclination ; but now the accoumpt must remaine vnto herself . . and so to conclude , for so much as these statutes , which m. attorney doth mention heer to haue byn made by her against catholickes , and principally against the spirituall iurisdiction of the sea of rome , and braunches therof , did not so much proceed of her owne proper inclination and disposition , if we beleife the former testimonies , as of other mens instigation ; or if they did , they were made in defence of her owne ecclesiasticall supremacy newly taken , or laid vpon her : it shall to be needfull for me to answere them so particularly , as i haue done the rest before cited , sauing only to certaine erroneous assertions , and iniurions asseuerations added by m. attorney himself in his enumeration and declaration therof , which we shall performe in the next ensuing chapter , and conclusion of this whole worke . certaine expostvlations vvith m. attorney abovt evil proceeding , and iniuryes offered to sundry sortes of men in this his booke of reportes , especially tovvards the end therof : togeather with the conclusion of the whole worke . chap. xvi . albeit in the beginning and first entrance of this my answere , i promised ( and so i presume hath been perfourmed ) to hold a milde , and respectiue course of temperate writing throughout the same ; yet drawing now towards an end , and finding m. attorney to imitate the motion of naturall bodies , who the neerer they come to their center , the more vehemently they mooue , that is to saie , to bee so much the more bitter , eager , and iniurious to catholicks , as he draweth neerer to the vpshot of his worke , and designed center of their dammage , hurte , and preiudice ; i am forced in this place , somewhat also to sharpen my pen , for repelling so manie , manifest , & vndeserued iniuries ; which craftely he goeth about in his last cōclusion to couch vpon them : but yet retaining still our former measure of moderation & friendly dealing , so far as the nature & circumstance of the busines may beare & permit ; intituling this chapter , rather of expostulations , then accusations on our behalfe , which for that they concerne diuers sortes of men , wee shall handle distinctly , vnder the seuerall ensuing paragraphes . the first expostvlation , in the behalfe of recusant catholicks of england greiuously iniured by the attorney . §. i. . to the end you may better iudge of the equity of this our first expostulation , i thinke it best to set downe the iniquitie of the attorneys false charge in his owne words , which are these , in the . and . leaues of this his . parte of reportes , wholy directed to their hurte , and preiudice . from the first vntill the eleuenth yeare ( saith he ) of the late queen elizabeths raigne , no person of what persuasion of christian religion soeuer , at anie time refused to come to the publike diuine seruice celebrated in the church of england , being euidently grounded vpon the sacred and infallible vvord of almightie god , and established by publicke authoritie within this realme . but after the bul of pius quintus was published against her maiesty in the said . yeare of her raigne , &c. all they that depended on the pope , obaied the bull , disobaied their gratious and natural soueraigne , and vpon this occasion refused to come to the church , &c. . heer you see two things boldly affirmed : first that in . yeares after queen elizabeths comming to her crowne , no person of what persuasion soeuer in christian religion , did at anie time refuse to goe to church , vntill the bul of pius quintus came forth against her . the secōd , that vpon this occasion , catholicks not holding the queen for their lawfull princesse ( for so afterward he often expoundeth himself ) refused to come to church . both which points , if wee can shew to bee most manifestly false , and the second also calumnious , what shall wee saie of m. attorney in this behalfe , that presumeth so confidentlie to put such open vntruths in print ? . first then , for the former point , not onlie many catholicks in the first eleuen yeares by him prescribed , did refuse publikely to come to the protestants church , but many puritans also , from the verie first entrance of queen elizabeth to her crowne , and so is it testified by publike authoritie of diuers books , set forth by order and approbation of the bishops of england themselues these years past against the said puritans , recounting the beginning , ofspring , and progresse of that sect , and faction , one of them wri●●ng thus : vpon the returne of goodman , vvhittingham , & gylby , with ●he rest of their associates from geneua to england , although it greiued them at the heart , that they might not beare as great a ●way heer in their seuerall consistories , as caluyn did it geneua , &c. yet medled not they much in shew with matters of this discipline , but rather busied themselues about the apparrell of ministers , ceremonies prescribed , and in picking of quarrells against the communion booke , &c. thus writeth hee of the first gene●ian english preachers , that returned from thence to england after the queens raigne : and that for these quarrels against the common , and communion-booke , they refused to come to the protestants church in those daies , as much as catholikes , it is euident . but yet you shall heare it affirmed plainly and distinctly out of the same author quite opposite to m. attorneys asseveration , though hee bee of his religion , if yet he haue made his choise . . for the first ten or eleuen yeares of her maiestyes raigne ( saith hee ) through the peeuish frowardnes , the outcries , & exclamations of those that came home from geneua , against the garments prescribed to ministers , and other such like matters , no man of anie experience is ignorant what great contentio● and strife was raised , in so much as their sectaries deuided themselues from their ordinarie cōgregations , & meeting togeather in priuate howses , in woods and fields , had , and kept there , their disorderly and vnlawfull conuenticles : which assemblees ( notwithstanding the absurdnes of them in a church reformed ) m. cart-wright within a while after tooke vpon him in a sorte to defend , &c. so hee . and thus much for puritanes , whome if m. attorney will graunt to bee of anie perswasion what soeuer in christian religion : he then must needs graunt also , that hee was much o●ershott in this his first so generall a proposition , affirming , that none of what persuasion soeuer , did at anie time refuse within that compasse to goe to church . but lett vs see , how wee can ouerthrow the same in like manner , concerning catholickes , of whom principally hee meant it . . hee that shall but cast backe the eye of his memorie , vpon the beginning of queen elizabeths raigne , and shall consider how many archbishops , bishops , deans , archdeacons , heads of colledges , chanons , priests , schollers , religious persons of diuers sortes , and sexes , gentle-men , gentle-weomen , and others , did refufe openly to conforme themselues to that new change of religion then made , and published by authority of the said queen , at the beginning of her raigne ; will maruaile how , and in what sense , and whether in iest or earnest , sleeping or waking , m. attorney set downe in writing so generall a negatiue assertion . for that he shall see so many conuictions therof , as there be particular witnesses of credit against him in that behalfe . and truly , it seemeth , that either he was an infant , or vnborne at that time , and hath vnderstood little of those affaires since , or els forgot himself much now , in affirming so resolutely a proposition refutable by so infinite testimonyes . . for if he looke but vpon doctor sanders monarchy in latin in his . booke , where he handleth the matters that fell out vpon the first change of religion in queen elizabeths dayes , he shall find . bishops at least of england only , besides ten more of ireland and scotland , togeather with doctor fecknam abbot of vvestminster , father maurice chasey , and vvilson priors of the carthusians , . deans of cathedrall churches , . archdeacons , . heads of colledges , almost . chanons of cathedrall churches , aboue eightscore other priests , wherof diuers were doctors , or bachlers of diuinity , ciuill , and canon-law , depriued from their liuings , and offering themselues , either to voluntary banishment abroad , or to imprisonment and disgrace at home , for maintenance of catholicke religion , to omit all the rest of the lay sort , both of the nobility , gentry , and others , that stood openly to the defence of the same religion : all which did refuse to goe to the protestant-seruice , euen in those first dayes ; which is testimony inough , to conuince the open , and notorious falsity of m. attorneys assertion , that no person of what persuasion soeuer in christian religion , did at any time refuse to goe to church : though i deny not , but that many other besides these , throughout the realme , though otherwise catholickes in heart ( as most then were ) did at that tyme and after , as also now , either vpon feare , or lacke of better instruction , or both , repaire to protestant-churches ; the case being then not so fully discussed by learned men , as after it was , whether a man with good conscience may goe to the church and seruice of a different religion from his owne , which releiueth little m. attorneys affirmation . and so this shall suffice for the first point . . in the second point , being no lesse notoriously vntrue then the first , he offereth the said catholickes much more iniury , in affirming , that vpon this occasion of the bul of pius quintus against q. elizabeth they first refused to goe to the church , as not holding her for true and lawfull queene : insinuating therby another consequence also , much more false and malicious then this , to wit , that the same may be said and vnderstood of recusant catholickes at this day , in respect of his maiesty that now is . but the vntruth of this assertion is most manifest , both by that we haue shewed before , that great multitudes of catholickes refused euen from the beginning to goe to protestant-churches , though then the matter was not much vrged against them ; as also by this other reason , for that their holding the queene , for true , or vnlawfull , was , and is impertinent to the matter of going to church : nay , their holding her for not queen ( if any so did ) did rather disoblige , then oblige them to this recusancy . . the reason heerof is , for that one principall cause binding them in conscience not to goe to the seruice of a different , or opposite religion to their owne , was the precept and commaundement giuen by the said queene , that all should repaire to the said seruice , to shew their conformity &c. for that the obeying of this precept in matters of religiō ( they offering themselues otherwise to goe to any church for temporall matters ) was a kind of publike denying their owne faith : as for example ; if in persia at this day , or other places of differēt religion , christians liuing there should of their owne curiosity goe sometimes to the churches or moscies of that coūtrey , to heare & see only what is there done , though not to pray or worship ; or ( which is lesse ) should carry or weare their turbant or mahometan habit , it were not so great a matter of offence ; but if the king , or emperour should commaund the same to be done in attestation of their conformity of religion , now this precept doth make it much more vnlawful , though yet if he were not true king indeed , nor true magistrate that should make such a precept , but some priuate man of his owne authority ; euery man seeth , that it would rather diminish , then encrease the obligation of recusancy , and so m. attorney , when he affirmeth that catholickes first began their recusancy of going to church , vpon this persuasion that queen elizabeth was not lawfull queene , he alleadgeth circstumāce that might rather , in some sort , facilitate their going , then encrease their obligation to the same recusancy . for that her precept and commaundement binding them not at all , as not queene , they were freed thereby of that obligation , as before hath byn said , springing of this head of royall commaundement . . this then is the first great iniury , which m. attorney offereth vnto recusant catholickes , interpreting their recusancy to be of malice and treasonable hearts , rather then of band of conscience , which iniury he often iterateth in the current of his discourse , saying after many other accusations heaped togeather , in this sorte : in all this tyme , no law was either made , or attempted against them for their recusancy , though it were grounded vpon so disloyall a cause , as hath byn said . and againe a little after talking of the penall laws , made against them for the same recusancy , he saith : that it was a milde , aud mercifull law , considering their former conformity , and the cause of their reuolt . but i hauing shewed now , that there was no such generall conformity before , and consequently no reuolt , and much lesse any such cause of reuolt , as he faineth to himself ; the vntruth of these charges , and the wrong done therby to innocent men , is made euident and manifest . . neither doth m. attorneys exorbitant humour containe it self heer , but being once entred into the field of insolent inuectiues and exaggerations against the said recusant catholickes , hee vaunteth , and triumpheth , as though he had them vnder him at the barre readie to bee condemned , where no man must speake in their behalfe , but himself onlie against them without replie , or contradiction . and therfore after a longe enumeration of matters both impertinent , and little important to the cause in hand , he writeth thus : and there vpon campian , sherwyn , and manie other romish priests being apprehended and confessing that they came into england to make a partie for the catholicke cause , when need should require , were in the . yeare of the said late queens raigne , by the auncient common-laws of england , indicted , arraygned , tried , adiudged , and executed for high treason , &c. and againe not longe after he maketh this conclusion : by this , and by all the records of indictments , it appeareth that these iesuites and priests are not condemned , and executed for their priest-hood and profession , but for their treasonable , and damnable persuasions and practices , against the crownes and dignities of monarches , and absolute princes . &c. thus hee . . but heer i would aske , may not a man of his calling bee ashamed , to put in print so manifest vntruths , euen then , when there are so manie hundreds yet aliue , that were at the said arraignments , trials , condemnations , & deaths of the said blessed men , campian , sherwyn , & the rest , who not only protested on their soules , and euerlasting saluation at their last houre , to bee guyltlesse in all accusations laid against them , except only their orders of priest-hood , and profession of faith , but vpon racks also stood therevnto , and defended the same so cleerly at the barre , with manie reasons , proofes , and demonstrations , as most of those that stood round about , and heard their pleas , yea protestants also by name , did think certainly , when the iury went forth to consult ( and did offer likewise to lay wagers theron ) that at least father campian , and his companie , the first day should haue been quitted . . and as for the auncient common laws of england , wherby m. attorney saith they were condemned , wee haue shewed now often before , that this is but a word of course with him , & that there bee no such commō-laws extant , not euer were , or could bee vnder catholicke princes against priests , before the breach of king henry the . and that this is but an idaea platonica of the attorneys inuention , to couer and colour matters withall : whose soule ( truly ) i doe loue so dearly , as i would bee very sory hee should entangle the same with the bloud of those godly men , that suffered before he came to age , to vndergoe that daungerous burthen of pleading against them . hee maie leaue that charge to his auncients , especially to him , that had his office at that time , who being yet liuing ( as i suppose ) hath both that , and many other such heauy reckonings to answere for , at the time appointed by the common iudge of all , whome i beseech most humbly to facilitate that account vnto him , and others interessed therin ; as this also of calumniating recusant-catholickes to m. attorney , they being the only people of that profession , that most ought to be pittied , and charitably delt withall ; for that they suffer only for not dissembling in their consciences : which if they would doe , as the sinne were damnable to themselues , so were it nothing profitable or auailable to the state , or prince , to haue externall conformity , without inward consent , iudgement , will , or loue . and so much of the ground of this first expostulation , pretermitting many other things , which might be complained of , in this boysterous streame , and torrent of m. attorneys accusations against them . . and yet one thing more i may not pretermit , which is , to admonish his conscience , if it haue aures audiendi , hearing eares ( which by our sauiours speach appeareth that diuers cōsciences haue not ) to looke to one speciall obligation aboue the rest ; which is , that hauing ended , and put in print this his booke , & presented the same in person to his maiesty , & shewed the principall drift , and partes therof , and therby made some stronge impressions against the said recusant-catholickes , as well appeared by his said maiesties speaches , and discourse that day at dinner , when the said booke was brought forth ; his obligation ( i say ) is , ( and this both in conscience and honour ) that finding himself now mistaken , ouershot , or deceiued in some of his said principall reportes , and principally in this about recusant-catholicks , he is boūd to present also this answere to his said maiesty , for manifestation of the truth , and releiuing the said catholickes of the vniust accusations laid against them , as he did present his owne booke of the said charge . and in this point i will remit me to the iudgement , and censure of the best , & most learned deuines of all christendome at this day , either protestants or catholickes , whether restitution of fame , iustice , or innocency violated by him , be not in this case necessarily to be made : quia non dimittitur peccatum , nisi restituatur ablatum . . as for example , if m. attorney in presenting his booke to his maiestie , & laying open the same , did say , lo syr , heer is all this ranke of english laws , to proue that the kings of this land , did , and might from tyme to tyme , take vpon them supreme spirituall iurisdiction , no lesse then queen elizabeth did by peculiar act of parlament , in the first yeare of her raigne : yf he vsed this or the like speach ( as i haue byn informed that he did ) and that now it be proued , that no one of those laws nor al put togeather , doe proue that conclusion : and if he affirmed moreouer , that by the said auncient english-laws , whosoeuer did not ascribe supreme spirituall authority to queen elizabeth , did deny the perfection of temporall monarchy in her , and consequently were guilty of treason , or laesae maiestatis , which no auncient english-law euer spake , or meant , but all the contrary . . if in like manner he told his maiestie ( as he did ) and made him beleiue that it was true , that no person , of what persuasion soeuer in religion , did refuse at any tyme , for the first eleuen yeares of the queens raigne , to goe to the church , and that , then their motiue was , for that they held her not for queen : if these suggestions ( i say ) & assertions were then made , and lest imprinted in the royall mind and memory of his maiestie , & now are proued to be far otherwise , i am cōtent , as i said , to remit my self to any learned deuine whatsoeuer , that knoweth what cases of conscience doe meane , to determine what m. attorneys obligation of restitution is in this behalfe . . neither may he solace himself ( as i thinke he will not ) in this point , thinking that these are but veniall sinnes for purgatory , and to be purged in the transitory fire , if he omit these restitutions : for that s. augustine in many places expresly excepteth and excludeth the same , and saith that sinnes of this quality ( committed against charity ) are for hell-fire , and not for the transitory purging fire , if they be not amended and satisfied for in this life : and to that sense interpreteth he the place of s. paul cor. . if any man buyld vpon the foundation , which is christ , not gold and siluer , but wood , straw , and chaffe , his works shall burne , &c. and thus much of this first expostulation . the second expostvlation in the behalfe of all english catholickes in generall . §. ii. . as the former expostulation was in the name of recusant-catholickes especially , for that the charge most concerned them in particular ; so now am i to adioyne some few lines more in behoofe of all catholickes in generall , that prosesse , or defend the said religion by word , or pen , either at home , or abroade , whome m. attorney accuseth in his preface not only of error , and of her inseparable twynn , ignorance : ( to vse his phrase ) but of intollerable , and miserable malice also , if it were true , as it is not , to wit , that they impugne the knowne truth against their owne consciences , and this either vpon discontentment for not attaining their ambitious and vniust desires , or for deserued punishments and disgraces , iustly laid vpon them by the state for their vices and wickednes . to which vniust & vncharitable charge , though i haue answered somewhat before in the preface , and first chapter of this booke ; yet doe i remember to haue made promisse also in that place to say somewhat more in this , for giuing satisfaction in that behalfe to all charitable & indifferent people , especially in this point , that our standing out against the current of the present time ( to vse m. attorneys phrase ) is not either of so gr●sse ignorance and lacke of instruction , as hee would haue men to beleiue by his often repetition therof ( and so i presume will in parte appeare by this our answere to his booke ) or of ambitious desires frustrated , which catholicke english men of all other sortes of people , can best bee content , and haue best learned by theyr sufferings in these our daies to moderate , & laie aside , so that i● other points their consciences were not racked , galled , and molested : and finally much lesse of punishments , and disgraces receiued from the sate for their vices , and wickednes : in which kind it may bee auerred ( i weene ) by good records , that fewer haue been , and are punished for those causes , then of anie other sorte of men , or religion whatsoeuer . . wherefore laying aside all passion , and animositie of part-taking and sincerely to ioyne franke issue with m. attorney in this point ; wee say and affirme , out of the testimonie of a good conscience in the sight of him that seeth all hearts and cogitations , that his accusations and charges are false in this behalfe , and that our only staie and stopp from not running with him , and others , in this their prosperous current of the present time , is the barre of conscience only , which if wee could remoue , or hee for vs , who would not bee glad to take parte of so faire and pleasing fortunes , as hee and others enioy by that current . and wee might also , euery man in his degree and ranke , according to the merit , qualitie , talent , and industrie of ech one of vs , enioy our partes therof , yf this obstacle of conscience were not : or if the onlie feare , and dread of allmightie god , and his iudgment , did not terrifie vs from breaking through the same by violence of will , against the testimonie of our said consciences and iudgment . . the same god also doth know , how great a greife it hath been , and is vnto vs in respect of the world , that wee haue not been able to conforme our selues in these externall things , concerning the profession of our religion , vnto the iudgment , tast , and will of our temporall prince and state , being withholden and terrified from it , by those two knowne threats of our sauiour , and his apostle ; the one telling vs , that if wee denie , wee shall bee denied ; the other , that our consciences must bee the sole wittnesses to condemne , or deliuer vs at the last daie , which consciences wee finding to repine and resist , are forced to hearken vnto them now , to the end they may stand for vs and not against vs at that day . . and if the iudgment of auncient christian writers , and fathers , and namelie eusebius in the life of our constantine the great , that liued with him , was good in commending so highly his father cōstātius , for that being yet a pagan , he more esteemed those christians throughout his gouernment , that professed freely their religion , and refused to doe against the same at his commaundement , then hee did the other that dissembled , & obaied , and thereupon he reiected the one , and fauoured the other , as more sincere people , and more to bee trusted by him , that were so trustie , and faithfull to their god , and his religion : yf this ( i saie ) were a good censure and iudgment , i doe not see , how this other of m. attorney can stand vpon anie ground of reason , or christian charitie , that qualifieth so greiuously , or rather calumniateth so egregiously the religious standing of catholicke people , in the moderate defence , and excuse of their said consciences . . but heere perhaps hee may demaund , or some body for him , what great reasons wee haue for this obstacle of our iudgment , for not conforming it to his , and others in this behalfe . wherunto , though sufficientlie hath been alleadged before in the answere to his preface ; yet now may some two or three points , or considerations bee further added in confirmation therof , among almost infinite that might bee produced . and the first may bee that which hitherto wee haue treated in this book with m. attorney , concerning the continuance of that religion for which wee stand , throughout the whole race , and course of our christian english-princes , state , and realme , from the beginning of our first conuersion , vnto our time . all which kings and queens , counsellors , nobilitie , archbishops , bishops , doctors , vniuersities , lawyers , and sages of all sortes , were for so manie ages by one , and the self-same religion , profession , and beleife , directed and saued , if anie were saued : that is to say , by the selfsame means , doctrine and sacraments of our auncient catholicke english church continuing vntill k. henry . tyme which church professed the very same faith and beliefe in like maner , as in another special * booke hath been declared , wherby all other christian nations had been directed and saued , for those other ages , which went before our english conuersion after christs assension . . new then this being so , i would aske anie reasonable indifferent english-man , whether wee haue iust cause to stand in , and for this religion or not , and whether if himself were now readie to die ( for that is the time , when men doe iudge with lesse passion ) and had laid before his eyes the euerlasting ioyes of heauen on the one side , and the eternall paines of hell on the other , to bee lost , or gayned , by his election ; whether ( i saie ) hee would aduenture rather to goe in companie and ioyne himself with this large , and venerable bodie of old english catholickes , among whome there are recorded by histories to haue been so manie admirable men , both for learning , , wisdome and sanctitye of life ; or leauing these to take parte , and receiue his portion with such later people of the same nation , as haue deuided themselues from the other . and when m. attorney in good probabilitie of reason , shall substantiallie answere mee this demaund , it may doubtlesse bee a great motiue vnto mee , and others to draw vs to the current of this present time ; but in the meane space wee must stand fast , least wee fall into the torrent of brimstone , if wee goe against our consciences , by which wee must bee iudged , and euery man damned , or saued thereby , as out of the apostles testimonie before hath been declared . . and thus much for standing in our old religion . now for passing to a new , there is another obstacle also , that greatlie withholdeth vs , and this is , that when wee shall haue left this old religion , so begun , so established , so confirmed , so promised by god to endure to the worlds end , so generallie receiued , so vniuersalli-continued , as hath been declared , wee cannot tell to what othe● sorte , sect , or parte of religion to passe with anie probable securitie , or certeynty at all , why wee should rather adhere to one sect then to another . for when once wee lea●● the said catholicke religion , so groūded , as you haue seen , there is no one substantiall reason à parte rei , that can bee assigned by anie man liuing , neuer so learned , why hee should more , or rather follow one parte , profession , sect , or new opinion then another . as for example , if to a man that vpon anie offence , disgust , scandall , error , anger , interest , leuity , or the like , ( for these are the ordinary motiues of changes ) breaketh from the auncient catholicke romain religion ; there should represent themselues vnto him fiue or six of the principall newest sects , and sortes , that professe different religions in our time ( all vnder the name of the ghospell ) as namelie of lutheranes , either ridged or soft , of anabaptists , trinitarians , new arrians , zwinglians , cal●●nists of both sortes , to witt puritans and other : ( all which haue their different positions , professions , articles , faiths , churches , conuenticles , in these our daies ) and if he should demaund of fiue or six distinct doctors of these new-ghospellers , what substantiall reason , or infallible groūd they can alleadge wherewith to persuade him , that he ought to take their particular partes , or bee of their seueral sects , the one aboue the other ; or why themselues , and ech one of them , is rather of the one sect , then of the other , seeing all professe ghospell , and scriptures : in this case ( i say ) they can yeeld him no other reason but this , that ech man assureth himself , that hee , and his parte doe alleadge , and vnderstand the scriptures better then the rest , which depending onlie ( as you see ) vpon the priuate iudgment , and persuasion of ech one in particular ( for other proofes hee cā bring none , except the stand vpon assurance of his particular spirit , which euerie one of the other sects will doe in like manner ) it bringeth no assurance at all , being onlie founded vpon ech mans opinion , choice , and election , which properlie is heresie : for that hereticks ( as auncient fathers doe define ) are nothing els but choosers , who leauing the vniuersall rule of faith deliuered vnto them by tradition of the common church , do chuse vnto themselues seuerall paths , and opinions to follow . . wheras then , no ground at all can bee yeelded by anie reason , witt , or learning of man , why wee should bee rather of one new profession then another , after wee haue left the old receiued throughout christendome , and that in the old , wee stand not ech-man vpon his particular iudgment to beleiue this or that , but vpon the generall testimonie , tradition , voice , vse , and authoritie of the vniuersall christian church called catholicke , ( as * s. augustine and others say ) not onlie by her freinds and followers , but also by her enemies : this being so ( i saie ) wee haue great cause to looke before wee leape , as the prouerb is , and to consider well where wee shall land , or how we shall come to shore , before wee leaue the shipp wherin wee are , or doe aduenture into m. attorneys new current , or anie other , that hath no staie , but maie carry vs further with the streame , then wee can staie our selues afterward , when wee would . and thus much of this consideration . . a third is ( which also shall bee the last in this place ) that terrifieth vs no lesse , then anie of the former two , and this is the name and dreadfull voice of heresie , sect , or schisme , so common now in these our daies , & so ordinarie in everie mans mouth ; as ech one of different opiniōs , esteemeth the other for hereticke , sectarie , or schismatike ; which notwithstanding , if wee consider the course , and sacred sense of holie scripture , especiallie for the new testament , as also the iudgment , feeling and meaning of all auncient fathers , and of the whole primitiue christian church in their daies ; wee shall find to bee the most greiuous accusation , most odious , daungerous , and damnable imputation to be accoumpted an hereticke or sectary , that can possibly be imagined or laid vpon any christian in this life ; yea that all other crimes laid togeather , which by mans malice , or diabolicall induction can bee committed , are not equall to this onlie crime of heresie : for so doe all learned catholicke deuines hold and determine in their generall positions of this matter , as may bee seen in one for all , in the summe of s. thomas , where setting downe first that infidelitie against god ( which is the highest crime of all other ) hath three kinds , or members vnder it , paganisme , iudaisme , and heresie , the said doctor making the question , which of these three is the greatest synne , determineth vpon verie substantiall grounds and reasons , that albeit in some respects , to wit , in regard of the greater multitude of christian articles which pagans and iewes doe denie more them hereticks doe : yet in malice , which maketh the principall point of sinne , and draweth on more grieuous damnation , heresie is a greater infidelitie , then is , either paganisme , or iudaisme , and consequenly more damnable ; which i leaue heere to proue , and confirme out of the conformitie of holie scriptures , as that of s. paul to titus : that an hereticall man is subuerted & damned by his owne iudgment , and other such places . it is sufficient for setling our dread and feare in this behalfe , that the whole consent of schoole-doctors , vpon this alleadged article of s. thomas . , doe agree , that it is more daungerous and damnable to fall into heresie , then to bee a iew , or pagan . . with which seueritie of censure , doe concurre also fullie the auncient fathers of the primitiue christian church , whose sentences were o●erlonge to cite in this place , but you may see a shorte view thereof gathered togeather vpon another occasion , in a certaine booke lately set forth , where the consenting woords of the most principall said auncient doctors are laid togeather , affirming that who soeuer by schisme or heresie is cut of frō the faith & cōmmuniō of the generall knowne catholicke church , is most certainly to bee damned , and cannot bee saued , though hee should otherwise liue neuer so well , praie neuer so much , giue neuer so great almes , haue neuer so god intētiō other wise ; yea though hee should offer his life , shed his bloud & suffer neuer so manie torments for christ , his name , loue , and religion . . this then being so and adioyning yet further to this consideration , another generall position of our said learned deuines which is , as the foresaid renowned doctor s. thomas setteth it downe , that whosoeuer in anie one least article of catholicke religiō , doth run into heresie , or beleiueth not the said article , as hee should doe , but obstinately rather impugneth the same , he leeseth his whole faith not , onlie in that point which hee discrediteth , but in all other points also , which hee beleiued before , and persuadeth himself to beleiue still : this ( i saie ) being so , which the said learned schole-doctor proueth by euident arguments , & demonstratiue groundes to bee true , m. attorney may imagine , what stay and repugnance wee may haue out of the feare of our consciences in this behalfe , easilie to make new choice , or changes of religion in these daies . for as if a learned , & experiēced phisition should come , & shew out of aunciēt reading , that there were a kind of most deadly , & dreadfull sorte of plague , or epidemia to bee feared , and fled aboue all the rest when it cometh , for that no hope of life , or escape can be giuen from it ; & that withall hee should affirme , that now the said plague , begā to be cōmon in such and such places , yea so cōmon , as many men did contemne it and make it but a iest , though all perished with it that fel into it ; as in this case ( i saie ) wise-mē would looke about them , hearing that so pestilent & perilous infectiō were on foote in their daies : so much more in this other infection of the soule , leading most certainly to euerlasting death & dānation ( as al the most learned spirituall phisitions of christs holy church haue euer taught vs ) haue we reason to bee carefull , timerous & vigilant what we doe , & what change we make , whither we goe , & frō whence we departe , the saying of s : athanasius being so dreadfull , in his creed , that whosoeuer doth not beleiue , and hold the catholicke faith wholie and entirely , absque dubio in aeternum peribit , shal without all doubt perish euerlastinglie . . and s. augustine after him , hauing set downe vnto his freind quod-vult-deus a catalogue of the most cheife and knowne heresies , and erroneous opinions , noted against hereticks from the apostles time to his daies ( wherof diuers are expressly raised againe by new gospellers in these our times , as there you may see , in that hee writeth of aerius , aetius , iouinian , vigilantius , and others ) hee commeth lastly to affirme and conclude in the end of that booke , that as it is damnable to hold anie one of those heresies there by him set downe ; so was it not sufficient to saluation to bee free only from those , for that there might bee other opinions discrepant also from the catholicke beleife , lurking in corners which hee had not heard of : and moreouer there might other new spring vp from time to time : q●●rum aliquā ( saith hee ) quisquis tenuerit , christianus catholicus esse non potest : of which ; whosoeuer shall hold any one ( and let vs marke anie one ) he cannot be a christian catholicke , and consequentlie cannot be saued in s. augustines iudgment . . and for so much as now in all this controuersie between m. attorney and vs , wee haue shewed his opinions and assertions to bee so different from those of all our english christian commonwealth , from the beginning vnto our times , which wee on the other side haue shewed to be trulie catholicke , and common to the whole christian world besides ; all men of indifferencie wil cōsider , what reasō we haue in making such stay as we doe , from passing lightlie to his current , & how little reason he hath , or had to charge vs so deeplie and iniuriouslie , that our stay was vpon so euill and odious causes , as before he charged vs. and thus much of this second expostulation . the third expostvlation , in the name of all moderate and peace-louing subiects whatsoeuer . §. iii. . my third complaint or expostulation with m. attorney is yet more generall , as concerning not onlie all sortes of catholickes whatsoeuer , but other men in like manner of any profession in christian religion that are wise , moderate , peaceable , and desirous of the tranquillitie of the prince and state where they liue , who out of their prudence , easilie doe foresee , cannot but incurre danger of perturbation by immoderate exasperation of minds , when particular men ( otherwise not loued but rather hated , or enuyed for their extraordinarie fortunes , riches , and aduauncements ) doe passe to such insolencie of speach and beuauiour , as they seeke to drawe whole multitudes into disgrace and daunger , by vniust oppresion . we know , and may remember out of our histories , what general exulceratiō of hartes haue risen in former years against huberts de burgo , gauestons , spēcers , mortimers , veares , scroops , catesbies , ratcliffes , louels , empsons , dudleys , and other vpon like occasions , for that they were thought , or suspected to incite the prince vnder whome they liued , to the vndeserued hurts and ruines of many others . . and surelie what m. attorney hath perfourmed , or attempted in this behalfe , partlie by his iniurious speaches at the barrs where he pleadeth , partlie by this his booke , and other means , against so great a multitude of his maiesties subiects , as the catholicke partie and their well-willers are , both at home and abroad ; is not heard to consider : for so much , as he maketh their verie beleife , or act of vnderstanding , which lyeth not in their handes to alter at their pleasure , to bee disloialtie and treason ( as before hath byn shewed ) and consequentlie that against their wills they must be traitors . wherof ensueth againe another consequence worse then this , which is , that when men see themselues vrged , egged , and pressed in matters that lie not in their owne hands to remedie , & this also as they persuade themselues , not so much by the inclination of the prince , as by the importunitie & insolencie of others , that being wanton with wealth , delight themselues in other mens vexations ; this perswasion ( i say ) when once it entereth into the head of multitudes in any common-wealth , driueth men to extreme impatience , and vtter despaire of redresse ; the only remedy wherof , is none other , but to preuent the occasion it selfe . . and ( truly ) it may be probably hervpon inferred ( and so it is also thought of diuers at home and abroad ) that this booke of reportes of m. attorneys comming forth at the time when it did , and beating to the end , which before we haue seen , presented also particularlie to his maiesty , as hath byn said , & much praised by the same , accompanied also at that time with no small multitude of other afflictions laid vpon the catholicke people , throughout all partes of our realme , and many more threatned , and expected dailie by them : this ( i say ) togeather with the circumstance of the authorsperson , eyed greatly for his extraordinarie wealth and ouerflowing fortunes , might bee some cause of furthering of this late most dangerous and lamentable attempt in our owne countrey , so greatly noysed , and talked of at his day , throughout the christian world . . wherfore the summe of this my expostulation with m. attorney is , that hee being otherwise a wise , and learned man ( as in his profession i take him to bee , by his preferments ) and not insolent , or cruell by nature ( as willinglie i incline to beleiue ) would at such a time , as he saw so great a multitude of catholike people greiuously afflicted for their religion , come forth with so odious and new drift against them , as this is , adding affliction to the afflicted , and endeauoring to proue against them that which hee neither hath done , nor euer will bee able ; to witt , that the verie profession of their religion implyeth disloyaltie to their temporall king and prince . which thinge , albeit some other lighter companions , leuioris armaturae milites , ministers ( to witt ) of diuers sortes , haue not sticked iniuriously to cast out : yet for a man of m. attorneys place and ranke , to affirme it so seriously , and to promise also demonstratiue proofs therof , by the auncient common-laws of our realme , was a matter of farre more impression , and must needs worke more daungerous , and greiuous exulceration of minds , which is the ordinarie effect of such insolencie and importunities . . well ( gentle reader ) i will entertaine thee no longer with these expostulations to m. attorney , and others , that by his authoritie and example , haue , or may vrge the like odious argument : wherof some alreadie haue begun to tread his stepps , not onlie by suggesting and vrging that which so hurtefullie was suggested to k. roboam , against the bearing somewhat with his afflicted people , but also by vrging , & exulcerating other odious points , that driue to desperation , as before hath been said : and consequently i must needs conclude with the saying of the prophet , against such makers of diuisiō : vae ij● qui dispergunt : woe be to them that doe disperse and deuide , to witt , the sheep from their shepheard , the children from their father , the people from their prince , the subiects from their king , and one sorte of subiects from the other ; whereas all were to bee held togeather , tollerated , suffered , vnited , entertained , cherished , and comforted as much as may bee , for that in the multitude , loue , vnion and affection of the subiects , standeth the riches , wealth , strength cōforte , honour , and securitie of the prince , as all men will confesse . . and with this will i end all this whole discourse and answere of myne to m. attorney , beseeching almightie god , that it may worke that effect with him , and others , for their true light and vnderstanding in the controuersie wee haue in hand , which is necessarie for their , and our eternall good : for i am contented to leaue for my last words of this booke those , wherewith m. attorney thought best to end also his , which are : that miserable is his case , and worthie of pittie , that hath been persuaded before he was instructed , and now will refuse to bee instructed because 〈◊〉 will not bee persuaded . finis . faultes escaped in the printing . pag. . lin . . for axagg●ration read exaggeration . pag. . lin . vlt. for circumfetence read circumference . pag. . l●n . . for knovv read knowen . pag. . lin . . medi●ation read mediation . pag. . lin . . in some copyes pater nu●c read pater tuus . pag. . lin . . for sunne read summe . ibid. lin . . for is read as . pag. . lin . . ruland shire read rutland-shire . pag. . lin . . for is read it . pag. . lin . . canoinst read canonist . pag. . lin . . for orae read oro. pag. . lin . . for some read sonne . pag. . lin . . purpose all adde at all . pag. . lin . . vve are professe adde to professe . pag. . lin . . for excude read exclude . pag. . lin . . for the in church read in the church . pag. . lin . . for be being read he being . pag. . lin . . for preath read preach . pag. . lin . . for the rome read to rome . pag. . lin . . for hea-magistrate read heathen magistrate . pag. . lin . . that the vvrote read that he wrote . pag. . lin . . for precedessors read predecessors . pag. . lin . . for religions read religious . pag. . lin . . for men desires read mens desires . pag. . lin . . for quetting read quietting . pag. . lin . . for endevving read endowing . pag. . lin . . for tyrus read cyrus . pag. . lin . . ovvne his vvords read his owne words , pag. . lin . . for bad read had . pag. . lin . vlt. in some copyes , for hape read haue . pag. . lin . . for s●ruiued read suruiued . pag. . lin . . for hir read his . pag. . lin . . for the read she . pag. . lin . . for aginst read against . pag. . lin . . hath said adde hath byn said . pag. . lin . . for my read any . pag. . lin . . for pecular read peculiar . ibid. lin . . for thera●ut read therabout . pag. . lin . . for began read begun . in the margentes . pag. . for controsies read controuersies . pag. . for lavvoy read lawes . pag. . for had read bad . pag. . for castus read calixtus . pag. . for . read . pag. . for hauing read raigning . it may please thee ( gentle reader ) of thy curtesy to pardon these , and other like faultes ( if any shal be found ) and consider vvith thy selfe the difficultyes we haue in vsing the help of straungers herin . a table of the particvlar matters conteyned in this booke . a. abbyes & monasteryes founded in england by religious catholicke princes . cap. . à num . . vsque ad num . . abbey of euesham priuiledged from rome . cap. . num . . abbey of s. albans founded by k. offa. cap. . num . . the priuiledges and exemptions of the same . ibid. abbey of glastensbury priuiledged by pope iohn the thirtenth . cap. . num . . abbey of vvestminster priuiledged at the petition of k. edward the confessor . cap . num . . & . abbot of vvaltham punished , & why ? cap. num . & . absurdityes of statute-decrees in parlament about spirituall power giuen to secular princes . cap. . n. . . . . . . . . & . absurdity of a womans supremacy in spirituall matters . cap. . num . . absolution of k. henry the second by the popes legates . cap. . nu & . s. adelmus bishop of sherborne his voyage to rome . cap. . num . . his booke of virginity . ibid. n. . adelnulph king of england his confirmation of peter-pence to rome cap . num . . agreement betweene the pope and k. of england about prouisions of ecclesiasticall dignityes in england , cap. . num . . & . s. ambrose his iudgement of spirituall power . cap. . n . & . his combattes and conflictes with the emperour and empresse about church-affayres . ibid. n. . . & . ancient-fathers directions how to find out truth . cap. n. . & . their freedome of speach to emperours . cap. . n. . . & . s. anselme archbishop of canterbury his commendations . cap. . num . . his pall brought from rome by the popes legat. ibid. num . . his plaine dealing with k. vvilliam rufus . ibid. num . . his reconciliation with k henry the first . ibid. num . . appellations to rome about controuersies that fell out in england . cap. . n. . . & deinceps . appeale of k. henry the second to the pope , about the controuersie of the death of s. thomas of canterbury . cap. . n. . appeales from k. richard the first , to the pope . cap. . num . . appeale of richard archbishop of canterbury to rome against k. henry the third , cap. . num . . archbishop of canterbury accused to the pope by k. edward the first . cap. . num . . archbishop of canterbury depriued of spirituall iurisdiction by q. elizabeth . cap. . num . . archbishop of yorke put to death by commaundement of king henry the fourth . cap. . num . arguments of k. henry the . against luther for the popes supremacy . cap. . num . . . . & deinceps . assertions of protestants , and the foundation therof . prefac . num . . s. athanasius his seuere reprehension of the emperour constantius . cap. . num . . m. attorney his imagined ignorance . cap. . num . . his condemnation of controuersy-wryters , ibid. num . . . . & . his time of study in law . ibid. n. . his absurd propositions and arguments refuted . cap. . per totum , & deinceps per totum librum his arguments and shiftes returned vpon himselfe . cap. . num . & . his new deuise to make ecclesiasticall lawes the kinges lawes . ibid. num . . & . m. attorney challenged . cap. . n. . iniuryes offered by him to many in this his booke cap. . per totum his false charge of catholickes . ibid. num . . his iniurious and slanderous calumniations . ibid. num . his manifest & notorious vntruthes . ibid. num . . his idaea plaetonica of ancient comon-lawes . ibid. num . . his false information of his maiesty that now is . ibid. num . & . his promise not performeable . ibid. num . . s. augustines seuere sentence against heretickes and heresies . cap. . n. . s. augustine of canterbury his successors by appointment from rome . cap. . num . . authority spirituall & temporall , & the difference therof . cap. . n. . & . authority episcopall greater then imperiall . cap. . num . . authority spirituall giuen vnto q elizabeth by parlament . cap. . num . . the absurdityes and inconueniences therof ensuing . ibid. num . . & . authority of bishops courtes , from whence it is deriued . cap. . num . authority of english prelates , when england was catholike . cap. . n. . b. bastardy a let or hinderance to priesthood . cap. . num . . s. benedict of northumberland his voyage to rome for priuiledges of his monastery . cap. . num . . benefices collated by lay-men . cap. . num . . & . s. bertulph his monastery priuiledged from rome cap. . num . . bigamy . cap. . num . . & . a statute therof by k. edward the first ibidem . doubts therabout raised in england . ibid. num . . & . bishops made in englād by the popes authority . cap. . num . . & . bishops lands seased into the kinges handes , and why ? cap. . num . . bishops how they might be punished for not admitting the kinges iust presentation . cap. . num . . bishop of hereford taken from the barre of secular court , by ecclesiasticall authority . cap. . num . . bishops and prelates of england sent to the councell of constance in germany . cap. . num . . bishops how they may be called the kinges spirituall iudges . cap. . n. . bishops courtes from vvhence they haue their authority . cap. . num . . bishops hovv farre they may be commaunded by the king. cap. . num . birth-right of lavves . c. ● . n. . . & . birth-right of englishmen is catholicke religion . cap. . num . . bodyes to the king , and soules to the priest. cap. . num . . booke of k. henry the . against luther in defence of the seauen sacraments . cap. . num . . . & . breach of king iohn vvith the sea apostolicke , and occasion therof . cap. . num . . breach of k. henry the . with pope clement the . and how the same began . cap. . num . . . . & . bulles from rome not admitted in england , except they came certified from some prelate at home , and why ? cap. . num . . & cap. . num . . c. calixtus the pope his meeting vvith henry the first in normandy , cap. . n. . campian , & his fellow-martyrs protestations at their death , cap. . num . . canon-lawes , how they vvere receyued in england . cap. . num . . canutus k. of england his confirmation of peter-pence to rome . cap. . n. . catholicke religion the birth-right of englishmen cap. . num . . catholickes falsely charged by m. attorney . cap. . num . . & deinceps . catholicke-recusants from the beginning of q. elizabeths raigne . cap. . num . . catholickes falsely accused of inconstancy . cap. . num . . caudrey the clerke his case . cap. . per totum . causes of k. henry the . his falling out and breach vvith the sea apostolicke . cap . num . . . & . ceadwalla k. of the vvestsaxons his pilgrimage to rome . cap. . num . . his baptisme there and death . ibid. celestine pope his letters to the realme of england . in absence of k. richard the first , cap. . num . . charters for church-priuiledges before the conquest and after , cap. . num . . . & . & deinceps . & cap. . num . . the beginning of the great-charter vnder k. henry the third , cap. . num . . church-libertyes confirmed by k. richard the second . cap. . num . . s. chrysostomes iudgement of spirituall power , cap. . num . . . . & . ciuill warres in england vnder king henry the third . cap. . num . . clergy-men subiect to the ciuill magistrate in temporal affaires , cap. . num . . & . but not in spirituall . ibid. num . . clergie-mens persons exempted from secular povver . cap. . num . . & . clerkes euer exempted from temporall iudges . cap. . num . . collations of benefices by lay-men , cap. . num . . & . comparison betweene catholick sand sectaryes , cap. . num . . & . commodityes or discommodityes of municipall lavves , cap. . num . . comon-lawes birthright , cap. . num . . & . complaintes against strangers beneficed in england , cap. . num . . . . & deinceps . remedyes sought to the pope therfore . ibid. num . . controuersy-wryters condemned by m. attorney , and vvhy ? cap. . num . . . . & . controuersy-writers against their conscience , cap. . nu . . and vvho they be . ibid. num . . constantius the emperour reprehended by bishops . cap. . num . . . & . confirmation of church libertyes in england by diuers kinges before and after the conquest . cap. . num . . & deinceps . & cap. . n. . conquest of vvales by k. edward the first , cap. . num . . conuersion of diuers kingdomes in england one after the other . cap. . num . . condemnation of protestantes doctrine by k. henry the eight , cap. . n. . & . conscience the cause that catholicks follow not m. attorneys current , cap. . num . . & . constantius the emperour his iudgement touching such as dissembled in religion . cap. . num . . councell of constance in germany . cap. . num . . english prelates sent thither , ibid. courtes spirituall and temporall , and their difference . ca . nu . . & deinceps . courtes spirituall superiour to temporall . ca. . num . . cranmer the first hereticall archbishop of canterbury . ca. . nu . . burnt at oxford for his heresies . ibid. crosses erected by k. edward the first . ca. . num . . crowne of englād not subiect to any in temporalityes . ca. . nu . . d. decrees and ordinances of pope formosus for the church of england . ca. . num . . decree against bigamy . ca. . nu . . decree of pope gregory the ninth about proceeding against hereticks , ca. . num . decrees of k. henry the eyght his breach with the sea apostolicke , ca. . num . . & . despaire causeth forgetfulnes of all reason and duty : and vvhy ? ca. . n. ● . demonstrations before the conquest against secular princes ecclesiasticall iurisdiction in england , cap. . per totum deposition of stigand archbishop of canterbury , ca. . num . . difference of courtes , and vvhat it proueth , ca. . num . . difference of lawes , and law-makers before the conquest . ca. . num . ● . difference of courtes shew differēce of origen and authority . ca. . nu . . directions of ancient fathers hovv to find out truth . ca. . nu . . & . dispensations of most importance procured alvvayes from rome , cap. . num . ● . & . dissention betvveene protestants and puritans , and vvhy ? prefac . n. . & . dissimulation in religiou hovv daungerous , cap. . num . . doubts raised in england concerning bygamy , cap. . num . . e. ecclesiasticall lavves , made to be the kinges lavves by m. attorney . cap. . nu . . & . ecclesiasticall vveighty matters allvvayes referred to rome by our english kinges , cap. . num . . edgar k. of england his speach for the reformation of the clergy , cap. . num . . & . his piety and deuotion tovvards the sea of rome , ibid. s. edmund archbishop of canterbury threatneth k. henry the third if he obayed not , cap. . num . . k edward the confessor his confirmation of peter-pence to rome , cap. . num . . k. edward the first surnamed long-shanke , cap. . num . . his deuotion , ibid. num . his vvorkes of piety , ibid. his conquest of vvales , ibid. num . . his mutability in keeping church-priuiledges . ibid. num . . his violent proceeding against the clergy , ibid. num . & . his euer obedience to the sea of rome in meere spirituall things , ibid. num . . & . his deuotion tovvards the first pope in auinion in france , ibid. num . . his accusation of the archbishop of canterbury to the pope , ibid. num . . his lawes in preiudice of the clergy , ibid. num . . k. edward the second his euill successe of marriage in france , cap. . n. . k. edward the third his restraints against the clergy of england , cap. . num . . & . his punishment for the violence vsed towards the church , cap. . nu . . . . & . motiues that induced him therto , ibid. num . . his great embassage to the pope , ib. num . . his protestation for obedience to the sea of rome for himselfe and his , cap. . num . . his disordinate life , ibid. num . . k. edward the fourth his raigne ouer england , cap. . num . . . . & deinceps . k. edward the sixth his raigne , cap. . num . . his supremacy of the church of england declared by the protector his vncle , ibid. s. egwyn bishop of vvorcester his monastery of euesham , cap. . num . . his voyage to rome , ibid. & nu . . elections of bishops . kinds . cap. . num . . eminency of spirituall power aboue temporall , cap. . num . . england made tributary to rome , cap . num . . & cap. . num . . . & . entrance into england denyed to the popes legates , and vvhy ? cap. . n. . & . error vvhat it is , and how it extendeth it selfe , cap. . per totum . error how it differeth from ignorance , cap. . num . . & . euesham-abbey in vvorcester-shire builded by s. egwyn , cap. . num . . the same priuiledged from rome , ibidem . eustachius k. stephens sonne , his violence vsed against clergy-men of yorke , cap. . num . . excommunications practised by the apostles , cap. . num . . exemption of clergy-men from secular power ex iure diuino , cap. . num . . item by imperiall lawes , ibid. n. by particular kinges and princes , ib. num . . exemptions graunted by diuers popes to pious vvorkes in england before the conquest . cap. . num . . expostulations vvith m. attorney , about iniuryes offered to many , in his booke of reportes , cap. . per totum . exulteration of m. attorneys booke of reportes , cap. . num . . f. father campian , and his fellovv-martyrs iniured by m. attorney , cap. . n. . their protestations at their death , ib. num . . founders of pious vvorkes had authority ordinarily to giue charters for priuiledges and exemptions therof , cap. . num . . foundation of abbeys and monasteryes in england before the conquest , cap. . à num . . vsque ad . franquises and priuiledges of churches and monasteryes procured from the pope , cap. . num . . . . & deinceps . freedome of speach in the ancient fathers to emperours , cap. . num .. . . & . g. geffrey k. richard the first his brother made archbishop of yorke , cap. . num . . his deposition from his bishopricke , ibid. num . . againe restored , ibid. num . . glastenbury-abbey priuiledged from rome at the petition of k. edgar , cap. . num . . god the author of all lavvfull povver , cap. . num . . & . gods miraculous actions in the old testament ascribed to christ , cap. . num . . gouernment of vvomen in spiritualityes , and absurdity therof , cap. . n. . . . & . great-charter for church-priuiledges began by k. henry the third , cap. . num . . s. gregoryes commission to s. augustine of canterbury , cap. . nu . . & . s. gregory nazianzens discourse about the nature of spirituall and temporall iurisdiction , cap. . num . groundes of spirituall authority . prefac . num . . groundes of protestants assertions , prefac . num . . of puritans ibid. num . . of catholickes , ibid. num . . groundes in sectes & new-opinions , vvhat they are , or can be ? cap. . n. . gualter archbishop of roane gouernour of england , cap. . n. ; . & . his disgust and appeale against king richard the first . ibid. num . . guide to saluation , pref. num . . h. head-ship of spirituall matters not possibly in a woman , cap. . num . . the absurdityes that would follow therof . ibid num . . k. henry the first his raigne ouer england , cap. . num . his good beginning . ibid. num . . his resignation of inuestitures , ibid. num . . his conference vvith pope calixtus in normandy . ibid num . . his acknowledgment of the popes supremacy . ibid. num . . k. henry the second his raigne out england . cap. . à num . . vsque ad n. . his temporall greatnesse . ibid. num . . his lamentable end . ibid. num . . laws attempted by him against the church . ibid. num . made legate of the pope in england ibid num . his humility to the sea apostolicke , cap. . num . . his appeale to the pope , about s. thomas of canterbur● death . ibid num . . his purgation and absolution by the popes legat. ibid. n. . & . his letter to the pope in great affliction . ibid. n. . ●● the straytes vvherunto he vvas driuen ibid. num . . his pennance at the body of s. thomas of canterbury . cap. . num . . k. henry the third his temporall homage done to the sea apostolicke . cap. . num . . his beginning of the great charter for church priuiledges . ibid. num . . his conference vvith k. lewes of france . ibid. num . . his obedience and subiection to the popes , cap. n . his letter to pope innocentius . ibid. num . his statutes in fauour of the clergy . ibid. num . . his obedience to the bishopp of london in spirituall matters . ibid. num . & , also to the deane of paules , ibid. num . . k. henry the . his raigne . cap. . n. . . . & deinceps . his condemnation and execution of the archbishop of yorke . c. . n. . k. henry the seauenth his raigne ouer england . cap. n. . . & deinceps . his statute for reformation of the clergy . ibid. his deuotion and obedience to the sea of rome vntill his death . ibid. n. . k. henry the . his good beginning . cap. . n. . & . his booke against luther . ibid. num . . & . his arguments therin for the popes supremacy . ibid num . . . & dein . his inuectiue against luthers inconstancy . ibid. num . . his good offices to the pope continued for many yeares . ibid. n. . the beginning of his breach vvith the pope . ibid. n. . & . his taking vpon him the supremacy . ibid num . . . & . his condemnation of protestants religion . ibid. n. . heretickes their pretence of singularity of knowledge . cap. . n. . . & . heresy , how great and grieuous a synne . cap. . n. . hubert earle of kent chiefe iusticer of england . cap. . num . . his disgrace vvith the kinge . ibid. his taking of sanctuary . ibid. hunting & hawking disliked in english bishopps and prelates . c. . n. . i. ignorance vvhat it is . cap. . num . . ignorance how it differeth from error . ibid. n. . & . ignorance negatiue and priuitiue . ibid. num . . & . ignorance voluntary and inuoluntary . ibid. num . . & . inas king of the vvestsaxons his letters in fauour of the pope . cap. . n. . his pilgrimage to rome for deuotion . cap. . n. . inconueniences by strangers promoted to ecclesiasticall dignityes in england . cap. . num . . remedyes therof sought from the pope . ibid. n. . iniuryes offered to diuers sorts of men by m. attorney his booke . cap. . per totum . insolency of some priuate men , and perills that often arise therby . cap. . num . . inuasion of abbey-landes or goods , forbidden vnder payne of damnation . cap. . num . . & . inuectiue of k. henry the . against luthers inconstancy . cap. . num . . inuestitures to benefices desyred by princes , denyed by popes . cap. . n. . the beginning therof by secular princes . cap. . num . . inuestitures resigned by k. henry the first . cap. . num . . inuestitures graunted only by permission of the sea apostolicke . cap. . num . . k. iohn of england his variable state in gouernment . cap. . n. . & deinceps . his obedience to the sea of rome . ibid. num . . & . his piety in the beginning of his raigne . ibid num . . his humility & liberality . ibid n. . his breach with the church of rome and occasion therof . cap. . n. ● . his indignation against clergy mē . ibid. num . , . & . his offer of subiectiō to the mores . ibid. num . his reconciliation vvith the sea of rome . ibid. num . & . his death . ibidem . n. . iurisdiction spirituall and temporall and the dependance or independance the one of the other . cap. . n. . & . iurisdiction-spirituall , internall and externall . cap. . n. . ins , how farre the vvord extendeth . cap. . num . . k. key of knowledg cap. . num . . kinges capable of ecclesiasticall iurisdiction by commission . cap. . n. . king how he is persona mixta . c. . num . ● . king edward the cōfessor his charters and priuiledges for church-libertyes . cap. . n. . & deinceps . item his subiection to the pope . ibid. num . . . & . king edward the first excommunicated by pope formosus . cap. . n. . king edvvyn of northumberland demaunded bishops from rome . c. . nu . . priuiledges graunted vnto him by pope honorius . ibidem . king edgar his reformation of the clergy of england by authority from rome . cap. . num . . king ceadwalla of the vvestsaxons his going to rome and death there . cap. . num . . king ethelbert of kent his charter for church priuiledges . cap. . num . . his dependance of the sea of rome . cap. . num . . king inas his lavves in fauour of the pope . cap . num . . his peter-pence paid to rome . ibid. num . . king kenulphus his charter for church priuiledges . cap. num . . & . his letter and humble petition to pope leo. cap. . num . . & . king offa of mercia his attēpt against iurisdiction of the sea of canterbury . cap. . num . . king offa the younger of mercia his confirmation of peter-pence to rome . cap. . n. . king osway of northumberland his embassage to pope vitalianus for an archbishop into england . cap. . n. . king of spaine his ecclesiasticall iurisdiction in sicily . cap. . num . . knightes of the temple suppressed in england . cap. . nu . . l. lanfranke chosen archbishop of canterbury cap. . n. . his letter to pope alexander the second ibidem . lawes ecclesiasticall not made , but receaued by secular princes . cap. . n. . lawes-birthright . cap. . num . . & . lawes municipall , and their antiquity . cap. . n. . their commodityes & discommo●●●●●● . ibid. num . . lawes-canon , and how they vvere first receyued in england . cap. . n. . law-ciuill and vvhat it is ? c. . n. . law of nature . cap. . num . law euangelicall . cap. . num . . lawes municipall of england . cap. . num . . lawes made before the conquest by secular princes concerning ecclesiasticall iurisdiction . cap. . n. . . . . . & deinceps . lawes ecclesiastical not made by princes but by prelates in england . c. . n. . lawes attempted by k. henry the second against the church of england . cap. . n. . lawes of k. edward the first in preiudice of the clergy of england . cap. . num . . law of premunire , and beginning therof . cap. . n. . & lawes ecclesiasticall subiect to euery mans particular calūniation . c. . n. . legates of the pope forbidden entrance into england , and vvhy ? cap. . num . & . leopold duke of austria his imprisoning of k. richard the first . cap. . num . . lollards heretickes in england . cap. . n. . lawes for their apprehension and execution . ibid. num . . & . their name and origen . ibidem . luther impugned by k. henry the . cap. . num . . . . & deinceps . his inconstancy inueighed at by the same king. ibid. num . . m. missions into england by authority of the pope cap. . num . . monasteryes and abbeys founded in england before the conquest . cap. . à num . vsque ad . monasteryes and churches priuiledges procured from rome . cap. . n. . . & . monastery of s. bertulphes & the priuiledges therof . cap. . num . . motiues that indured k. edw. the . to proceed so violently against the church of england , cap. . num . . mounsieur lansackes cōference vvith queene elizabeth , cap. . num . . n. name of lollards from whence it is deriued cap. . num , & . m. attorneys ridiculous etimology therof . ibid. num . . nature and conditions of spirituall and temporall iurisdiction expressed by s. gregory nazianzen . cap. . num . . nicolas morris abbot of vvaltham punished by k. edw. the third , & vvhy . cap. . num . . & . nouelty of q. elizabeths supremacy misliked by puritans and protestants . cap. . num . . . . & deinceps . o oath of supremacy exacted first of all by queen elizabeth . cap. . num . . & . oath of k. stephen for the maintenance of the libertyes of holy church of england . cap. . n. . obedience of clergy-men due to the ciuill magistrate and how . cap. . num . . & obedience of k. edward the confessor to the popes of rome in his tyme. cap. . num . . . & . occasion of the breach of k. iohn with the sea apostolicke . cap. . num . ● . occasions of k. henry the . his breach from the pope . cap. . numero . . & . offa king of the mercians his confirmation of peter-pence to the sea of rome . cap. . num . . ordinances and decrees of pope formosus for the church of englād . cap. . num . . origens of spirituall and temporall iurisdiction different . cap. . num . . osius his resolute speach to constanti●s the emperour cap. . num . . p. palles of the archbishops of england accustomed to be taken at rome . cap. . n. . s. paules esteeme of spirituall power giuen vnto him & other the apostles and their successors . cap. . n. . & . his eager reprehension of vvomans superiority in the church . cap. . n. . peace of the church , what it is ? cap. . num . . pascalis the pope his letter to king henry the first , cap. . num . . pennance of k. henry the . at the body of s. thomas of canterbury . cap. . num . . peter-pence paid to rome , and the beginning therof . cap. . n. . . & . the same cōfirmed by k offa. ibidem . num . . also by k. adelnulph . ibid. num . . in like manner by k. canutus the dane . ibid. num . . by k. edward the confessor . ibidem num . . item by k. vvilliam the conquerour . ibid. num . . and by other kinges vntill k. henry the . ibid. num . . perills that often rise by the insolency of priuate men . cap. . num . ● . pilgrimage to rome for deuotion by diuers of our english kinges cap. . num . . . & deinceps . plurality of benefices and vvho can dispense therwith . cap. . num . . pointes commendable in a good pastor . cap. . num . pope honorius his priuiledges to k. edwyn of northumberland . cap. . n. . pope formosus his excommunication of k. edward the first before the conquest . cap. . num . . his decrees and ordinances for the church of england . ibid. num . pope pascalis his letter to k henry the first . cap. . num . . popes prouisions in englād for ecclesiasticall liuinges to strāgers . cap. . n. ● . power and the author therof . c. . n. . power spirituall and temporall and the different endes therof , cap . n. . & . & deinceps per totum caput . power spirituall of the church and pastors therof . cap. . n. . power spirituall more eminent than temporall . cap. . n. . premunire , and the first beginning of that law . cap. . n. . priuiledges and franquises of churches and monasteryes procured from the pope . cap. . n. . . & deinceps . priuiledges of the abbey of euesham . cap. . n. . of the abbey of s. albans . ibid. n. . priuiledges of glastenbury-abbey from rome . cap . num . . priuiledges of vvestminster procured by k. edward the confessor . cap. . num . . priuiledges of ecclesiasticall men in temporall courtes . cap. . n. . & alibi saepissimè promotion of strangers to ecclesiasticall dignityes in england . cap. . num . . & . & cap. . num . . the inconueniences therof to englishmen . ibidem . protestants doctrine condemned by k. henry the . cap. . num . . prouisions against bribing at rome . cap. . n. . prouisions of ecclesiasticall liuinges in england made by the pope . c. . n. . the cōplaintes therof by englishmen . ibidem . the continuance of the same in england . cap. ibid. n. . agreemēt therabout made betweene the pope and the kinge . cap. ibid. n. . q. queene eleanour mother to k. richard the first her iorney to sicily cap. . num . . her returne by rome and busines there with the pope . ibid. num . ● . her complaintes and petition to pope celestinus . ibid. num . . . & . queene elizabeths spirituall authority giuen her by parlament . cap. . num . . & . the inconueniences and absurdityes that follow therof . ibid. n. . . & . & cap. . num . . her singularity in that point . ibidem . num . . her supremacy mistiked by protestants , & puritans . cap. . num . . . , . . . . & . causes that moued her first to accept of the supremacy . cap. . num . & . her conferen●e vvith syr fran. inglefield . ibid. num . item with the count of feria , the spanish embassadour . ibid. num . ●● . her protestation about the real-presence in the sacrament . ibidem n . her conferēce with mounsieur lansacke the french embassadour . ibidem . num . . her owne inclination towards catholicke religion . ibid num . . how she vvas drawne to great extremes and cruelty against catholicks . cap. . num . . queene mary her raigne . cap. . n. ● . her restoring of catholicke religion in england . cap. . num . . & . r. reasons that shew william the conrour to haue alwayes acknowledged the sea of rome . cap. . num . . . . & deinceps . recourse to rome presently after englands conuersion about ecclesiasticall affaires . cap. . num . , . & . recourse to rome by the kinges of england and scotland in their greatest controuersyes . cap. . num . . recusancy of puritans , and the first cause therof . cap. . num . recusancy of catholickes from the beginning of q. elizabeth raigne . cap. . num . . reformation of the english clergy by king henry the . cap. . num . . reliques sent to king osway of northumberlād by pope vitalianus . c. . n. . resignatiō of inuestitures by k. henry the first . cap. . num . . restraintes of exercising the popes authority in england , and how the same vvere first made . cap. . num . . & cap. . num . . & cap. . num . . king richard the first his raigne c. . num . . . & deinceps . his misfortunes ibid. num . . his behauiour and oath at his coronation . ibid. num . . his voiage to ierusalem . ibid. num . . & . his kingdome commended to the popes protection . ibid num . . his mother sent from rome to sicily . ibid. num . . his letter to pope clement the . ibid num . . his captiuity in austria . ibid. num . k. richard the second his disorders & cause therof . cap. . num . . his confirmation of church-libertyes . ibid. num . . his obedience to the church-censures . ibid num . . s. sanctuary graunted by the pope to s. iohns church in london . cap. . num . . denyed by the temporall iudges . ibid. num . scruple of conscience vrged vpon m. attorney . cap. . num . . sectaryes not any vvay compared to catholickes & vvhy ? c. . n. . . & . sectaryes their vayne comendation of truth . cap. . num . singularity of knovvledge in heretickes . cap. . num . . . & statute in parlament for giuing spirituall authority to q. elizabeth . cap. . num . ● . ●● . ● . the absurdityes that therof ensue . ibid. num . . . & . & num . . . . . & . statutes of k. henry the . in fauour of the church . cap. ● . num . . statute of merton made by k. henry the . cap. . num . . statute of bigamy anno . edouardi . cap. . num . . statute of carliele made in the raigne of king edward the first . c. . n. ● . statute against lollards . cap. n. . & . statute for reformation of the clergy . cap. . num . . k. stephen his raigne ouer england . cap. . num . . his oath for the libertyes of the church . ibid. num . . his inconstancy by euill counsaile . ibid. num . . his violence vsed against clergy-men . ibid. his citation and appearance before the bishops . ibid num . . stigand archbishop of canterbury deposed . cap. . num . . strangers their promotions to ecclesiasticall dignityes in england , and inconueniences therof . cap. . num . . . & . & cap. . num . . remedyes sought therof from the popes of those tymes . ibid. num . . supremacy ecclesiasticall not possibly in a woman . cap. . num . . & . supremacy assumed first by k. henry the . cap. . num . . . & . also by k. edward the ibid num . . item by q. elizabeth . ibid. num . . . . & . suppression of the kinghtes of the temple . cap. . num . . synne of heresy how great and greiuous . cap. . num . & . t tenantes of the church priuiledged .   notes, typically marginal, from the original text notes for div a -e a strāge attempt to impugne catholicke religion by catholicke princes lawes in englād . the importance of m. attorneys plea. the singularity of m. attorneyes paradox . ci● . tuscul q. . m. attorney chalenged of his promise . the author promiseth all modesty in this answere . m. attorney bound in conscience and honour to enforme a nevv his maiesty . * m. garnet . m. attorneyes ouerlashing in speech . math. . math. the diuel●s sinnes in ●●pting adam . m. garnetts case . hovv things heard in confessiō may not be vttered by catholick doctrine . a partition not afterward performed . m. garnet an honest man by m. attorneyes warrant . m. attorneyes wit in making a bloudy law to be a sweet lavv . about equiuocation . about the antiquity & vniuersality of the protestant church . a strāge discourse of m attorney about his church . * many all 's . a theologicall argumet for the roman church . mar. vltimo i●an . . & . mat. . timo. . mat. . rom. . epist. contra lit . petiliani . the morall argument of impossibility for the vniuersall church to fall , or vanish away . application of this morall argument . a most euident demonstration . stange and chimericall imaginations . the differēt vse of the touch-stone for finding out the church . the basenes & contemptibility of m. attorneyes church . m. t. f. in his apologie an . . a manifest calūniation against m. garnet . ●rent . ● an●●i● . ● seely ●uen●●n of ●ookes and trea●ons . cicero de oratore . a fond fayned blasphemy . ioh. . the meaning of caiphas in speaking of the death of christ. luc. . 〈◊〉 . ●n ioanne●● . the meaning of m. garnet in vsing the wordes of caiphas . isa. . psal. . sundry calumniatiōs . m. attorney in his vaunting vayne . all ancient english lavves in fauour of catholicke religiō . the particulers brought in by m. attorney refuted . paulus quartus c●●dinall ●oole . the arraignment of m. garnet . ioan. . the law misapplyed against christ our sauiour le●●t the priuiledge of secrecy to be obserued in confession . gods truth alwayes & euerie where one . psal. . sap. . math. . gregor . 〈◊〉 in 〈◊〉 ●ngel . ●oan . the dangerous state of ●●r en●lish ●●torneyes office . notes for div a -e the important weight of this controuersy . two partes of religiō . august . contra epist. fū●●menti . cap. . math. see magdebar . gen. . li. . cap. . col . . . & deinceps . magde . ibid. col. . . & deinceps . see caluin l. . instit . cap. . & lib. . cap. . true power and spirituall iurisdiction the only ●●e ●uide to saluatiō . math. ●● . & . chrysost. lib. . de ●acer . & 〈◊〉 . & . de verb●s 〈◊〉 . d hier. epist. ad heliodor . de vita● solitaria . hilar. can. in mat. & alij alibi . three grounds of spirituall authoritie supposed by three different religiōs . * see cartwright , iunius , & other of then alleadged in the suruey of pretended discipline . cap. . rom. . math. . pet . . the foūdation of the protestants assertiō . acts . puritane groūdes . acts . . acts . . . tit. . groūdes of the catholicks for spiritual iurisdiction . important consequences . sir frācis hastings against the vvard-vvord & m. sutcliffe in his defence . puritan and protestants grounds vncompatible . heb. . . paralip . . psal. . psal. * cyprian . l. . ep . . august . l. . de ciuit. des. cap. . & l. . contra aduers. leg . & proph. cap. . & lib. . cont . lit . petil. c. . chrysost . hom . . in gen. clem. alexād . lib. . strom . ambros. l. . de sacram. c. . hierom . in cap. . ad titum . & alij . ioan. . caluin . lib. . instit . cap. . §. . & . §. . * infra cap. . the protestant and puritan yelde more in deed , to the catholicke then to ech other . the protestant and puritan ministers not admitted the one by the other . what the puritan is to the protestant by this grounde of spirituall power . mar. vlt. luc. . . tim. . mat. . mat. . iohn . . notes for div a -e the title examined . cicer ●ib . . tus●●● . quaest . the indifferency required in treating this controuersy . the vvord ius , extendeth it self further then lex . a ●●lu●ss de iusti●ia & ●●re . b ibidem ●●lus . c 〈◊〉 & cel●us ibidem . d 〈◊〉 . cap● ● . e ● q. . art . . f ●ib . e●ym●l . c. . that temporall princes make not ecclesiasticall lavves but receaue them . of error , and ignorance . the definition , & diui●●on o● ignorāce see . dist . q & d. the ● . q. art . . . ● . ignorance nega●i●e eccles. . rom. . iob. . ignorance priuatiue . diuerse sortes of priuatiue ignorace d. thom●● . pag. . & ● . . q. ● . art . ●● q. ●● . art . ● . strange speeches of imagined ignorance by the attorney . iob. . ecclesiastes . rom. . syr francis hasting● in his vvatch-vvorde . no● 〈…〉 variety or depth of learninge . vvhy euery catholike hath more knovvledg than an hundred secta●● . of truth● . . cor. . truth vaynly cōmended by sectaries . * se hilar. lib. . ad constant. von ●nt li●●● lib cont . proph●n haret no●t● . august l . de 〈◊〉 . c. . & tract . . in ioan & l. de gen. ad lib. cap. . the vvay hovv to finde out the truth . tert. lib. aduersus prax. cap. . tert. lib. de prescript . cons. haret . cap ● . aug. 〈◊〉 . cont . gana . donat. c. . & form . de tempt . & lib. de ●ni● . eccles cont . petil. cap. . vincent . la●in . lib. cont . proph . haer . 〈◊〉 . pa●amus epise . bar●in . cap. . symph . the application of the fathers directions . vide etiam psal. aug. contra partem donat. & o●t●tū . mileuit . contra parm●n . august . de g●●us ad ●● , imperfect . cap. . birth-right of lavves . the attorneys maior admitted , and his minor denyed . of the antiquity of our municipall lavves . the commodities & discommodities of our municipal lavves . the birth-●●gh● of our common lavves . the obiection of externe lavvyers against diuerse points of ours . se also syr thomas moore lib. . viepia . vvhether common lavvyers determine and deale vvithout passion . anno . edvvards ● . . inst●● . . the catholike religion , the anciēt , birth-right of ●nglish●●n . math. . marc. . against bitter vvri●ing in controsies . matthevv 〈◊〉 , thomas ●el , vville● , and others . of vvryting of cōtrouersies against cōscience . tit. . * se s. augustine 〈◊〉 . de ●ut d● cap . l. de ge● . ad lit . c. ● . & nact in iu●● l●b . 〈…〉 . vvhat is the comm●n ●●e vvn● truth in re●● to and vv●● impugneth it . the difference of substāt●all proof betvvene m. attorney and vs. vvhy catholiks are not to be thought to vvrite against their conscience . tyme of 〈…〉 . m●●cb . . 〈◊〉 notes for div a -e god the author of all lavvful povver . rom. . the different ends & obiects , of spirituall , and temporall povver . spirituall & tēmporal povver , as spirit , and flesh in a man. temporal and spirituall authoritie separated in the pri●●●● 〈◊〉 . act. . . cor. . anabaptists . rom. . . pet. . act. . spirituall iurisdictiō independent of tēporall . tempo●al povver not imm●diat●ly but mediately from god. 〈◊〉 ●● mat● . . ioan ● . . leg. ff . de iu●●sd . 〈◊〉 iud. & l. vlt. ff . d●●● . cui mand . iurisdict . in cap pastora ● in p●●●●ip de offic . delegati . in c●p . praeterea ●od●● tit . vvhat is the spirituall povver of the church & pastors therof . math. . ioan. . se s. cyril . l . in ioan. ● . . and s. cyprian lib. de ●nt . e●●●es● . & a●ist . ad 〈◊〉 . matth. . chrysost. homil . . de verbis esa. vidi dominum . galat. . . cor. . . cor. . . cor. . s. paules esteeme of the high povver giuen vnto him & to other apostles & their successours . . cor. . . tim. . diuers excomunications by the apostles . act. . aug. lib. . contra aduer 〈◊〉 & proph. c. . chrys●st hom . . ad helr . & 〈◊〉 fe●tur . . quaest . . cap. ● . aug. ibid. cypr. lib. . epist. . ad 〈◊〉 deut. . math. . tvvo points of spirituall iurisdictiō internall and externall . matth. . . cor. . aug lib. . retract . cap. . & l. de correct . & gra. c. . se 〈◊〉 . in cap. quaren de rebu● signifie . aristotle . the eminency of spirituall povver aboue temporall . greg. orat . ad 〈◊〉 t●mere p●r●ulso● . chrys. lib. . de sacerdoti● , hom. . in cap. . esai . s. chrysost. sentence of spirituall povver . ioan. . math. . chrys. ibid● chrysost. homil . de versu ●sa . vidi dominum . matth. . chrysost. vbi supra . hom . ● . marke this notable discourse of s. chrysostome . matth. . a vveighty consideration . anno . diuers examples of s. ambrose libellus ambrosij . ● . . episcopal authoritie greater then imperiall in matters of faith . anno . lib. ● . epistola●ū epistola . . s. ambrose his combat about deliuering vp a church to the emperour . ambr. ibid. s. ambros. conflict about church vessells . ambros. concione de basilis non tradendit harot●●i● , aut gentelibus . tom. . the emperour a childe of the church and not aboue the church . s. ambrose his correction of theodosius the emperour . ambros. epist. . anno . theodoret. lib. . hist. cap. . matth. . rom. . . pet. . hovv these tvvo povvers are to be combyned . see of the distinctiō of these . names the canons of the apostles . can. . . . & tertul. l. de mo●●g . and conn . nuo● . . can. . ● . ● . . . . . &c. note . the obedience of cleargie men , due to the ciuill magistrates . rom. . . pet. . chrysost. comment . in rom. . valent apud theod. l. . hist. cap. . nicol. . epist. ad mica●lem . imper. cleargie men in spirituall matters cannot be vnder the laytie . ha● clergie mens persons & good● are ●●●mp●●d 〈…〉 povver . see concil . la●eran . sub alex. . part l. c. . ● s●b ●● . no● . . c . item cap. quanqu● de censibus , & cap. clericis , & cap. nonnulli , &c. in . see the councell of to ●t . also ●on . . can . . & matis●on , can . . exemptiō of clergie men en iure diu●●● . gen. . . esd. . exod. . . num. . s. leo serm . . de p●ss . dor●n● . exemptiō of the cleargie by imperiall ●avves . cons●antin 〈◊〉 ad auill apud euses . ● . . ●ist . ●●p . cod . ib●●d . ● . . ●●t . & ● . . & ●od . 〈◊〉 l. san●imu● 〈◊〉 eccl. hi●ram . exēptions confirmed by particuler kings and princes . magna charta arti●●d . cleri . the competence betvvene temporall and ecclesiasticall magistrates in some externall things . hovv restraints came in of exercising some points of the popes auncient authority . notes for div a -e caudery his case . r●tulo . . reportes . sol . . the groūd of the controuersie . statute for spirituall authoritie anno . elizabethae . the spirituall authoritie giuen to q. elizabeth by statute . certaine cases of inconueniences vpon q. elizabethes supreme spirituall authority . lutherus . lib. de abroganda missa . et ● cap. ba●il . the first argument of caudery . the reply against caudery . reportes fo● . . three shiftes re●u●ed . reporte● fol. . * . isa● . ● . . & . edvv. . &c. shifte . m. attorneys argument à fortiore of no force . an example against m. attorney . the secōd argument of cauderyes case . strange resolutiō . reportes fol. . * . hen. . . . hen. . . &c. an example vvith the application therof . caudery shifted of ●ightly . the third argument of caudery & hovv it vvas ansvvered . reportes fol. . marke this kinde of reasoning . the last ansvvere of the ●●dg●e ●vherin 〈◊〉 case 〈◊〉 caudery ●s●uded . ●●p●rtes ● . ● . anno. . e●izabeth ● . the absurdity & str●nge ●●a●l●y of this reso●u●ion . reportes fol. . vvhy so great circuit of vvordes is vsed in the statute of supremacy . see mar●mus 〈◊〉 epist. ad ●●ector . brand and caluin in c. ● . amos. & epist. ad myc●s . and viretus d●alog . de a●●●s damonibus . &c. a nevv deuise to giue the headship to q. elisabeth vvithout the title of head. statut. . henr. c. . anno christi . statut. . edvva●d . an . domin● ● . the absurdities of the statute decrees about soueraigne spirituall authority . see g●lby in his dialogue . the ma● cartvvright , ● others . 〈◊〉 state 〈◊〉 the ●●●stion . notes for div a -e proofes de iure and de facto . ●●portes fol. . freedome of speach in the fathers to emperours . * sup. c. ● . nazian . orat . ad ●ues timore porculs●s . anno . theodoret. lib. . hist. & paul● . in v●ta s. ambrosij ruffin lib. . inst. c. . zozomen . lib. . c. . ambros. epist . . ad sororem . chrisost. homil . de verb. isa. vidi dominū . &c. ●odyes to ●●e kinge ●●ules to ●●e priest . hebr. . athan●s . epist ad so ●●●riam vitā●ge●tes . the vvords of holy bishops to constantius . athanas. ● . ●●d . the resolute speech of osius to the same constātius . matt. . luc. . s. athanasius his seuere reprehension of the emperour constantius . to the second argument of m. attorney . reportes f●l . . m. attornes 〈…〉 ●o●●●e . of clergy and lay men . * see of the distinction of these names the canons ●f the apostles can . . . &c. te●●ul 〈◊〉 de mona . & cont nicen . ●a● . . . . . . ● . &c. hist tr● . 〈◊〉 . l●b . . cap. . the diffeence of courtes vvhat it proueth , reportes sol . . a ●●i●e of m. attor●ys po●● oft . he that giueth povver to another to doe a thing must first haue it i● himselfe . a ●●vv dem●● to make ecclesiasticall lavves to be the kings lavves . reportes admitting of other prince● lavves shevveth rather subiection then superiority in the admitter . the ansvver to m. attorneys instance . hovv the canon-lavves vvere receaued in england . the conclusion of the first part of this chapter . see the protestant booke of dangerous positions against the puritanes anno . , lib. ● . c. . of vvomens gouerment . canon-lavve . cap. de monia●●us desent : & excom & cap. noua de paenis . & remiss . & cap. muli●rem ●ausa . q. . vbe multa patrū sent . peferūtur & silis . & 〈◊〉 sunesta in verbe abatissa . d. th● . in . dist . . q. . calu in an●id , a● can . . concil . trid. sess . . & l. . inst . cap. . & . iuth . lib de capt. rabil . cap. de ordine & in articulu à leone . da●na●● , art . ● . & lib. contra stuliam ●●on● . * vbe supra . innocent . cap. noua de panet & re●●ision . of the ciuill lavv . lib. . ff . de regul●● iuris . the lavv of nature . . gen. ● . . tim. ● . . cor. ● . a vvomā cannot be the head of man in spirituall matters . absurdities ensuing the supremacy ecclesiasticall of a vvoman . heb. . gal. . act. . the singularitie of q. elizabeths case . of the lavv euangelicall . that all miraculous actions of god in the old testament are to be ascribed properly to christ. ioh. . iud. . . cor. . . tim. . gen. . gen. . gen. . hovv vv●man must be subiect to man in all respects . . cor. . . cor. . hovv eagerly s. paul did stand against vv●mens superioritie in the church . . tim. . i●a● . . math. . ioan. 〈◊〉 . . cor. . v●●●ersall 〈…〉 ●gainst m attor●●● 〈◊〉 dist . 〈◊〉 yno . 〈◊〉 s●●●ole d●●●ors . 〈◊〉 & 〈◊〉 in 〈…〉 . 〈◊〉 doctors , fathers , and expositors . chrys●● . . ser. quid regulares famina viris non ●●habitant . a notable discourse of s. chrys. l. ● . de sacordo●i● . sub initiu●● . ioan. . 〈◊〉 cō●●●dable 〈◊〉 good ●●stor . a vvomē 〈◊〉 ex●●●led 〈◊〉 ●●urch-g●●ern●●nt . hovv much s. chrysost. authoritie ought to be esteemed in this point . the municipall lavvey of england . * infra . ● . . demonstrat . . & in cap. . manifest reasons . a vvoman can not be priest a●●●rdi●●●f cōse●● 〈◊〉 a ●●eat 〈…〉 consent of protestant vvriters . caluin in cap. . amos & epist. . ad mycon●●● . beza in ●●fes●r●ne cap. . & de pr●sb . fol. . . viretus dialog . . 〈…〉 ad 〈…〉 burg . 〈…〉 and 〈◊〉 of 〈…〉 the repetition and cōclusion of all . a point vvorthy of laughter . k. henry ● ed●●●d . ●●●tvvin 〈…〉 cap . a point ●●rthy of 〈◊〉 . the oath of supremacy exacted of q. elizabeth . the finall consideration vpon all . * monsieur la●sa● . embassador of the k. of frāce and others vvherof see more . infra cap. . notes for div a -e reportes fol. . of english kings before the conquest . reportes fol. . the charter of k. kenulphus anno . stamford . lib. . c. . fol. . this charter vvas pleaded . h●nr . . . . 〈◊〉 the first pointe of m. attorneys collection refuted . bed. lib. . hist. angl. cap. . th● secōd po●nt ansvv●●●d 〈◊〉 the 〈…〉 then 〈◊〉 〈◊〉 third 〈…〉 of diuers sortes of exemptiō● granted to pious vvorks by popes . ossa k. of mercians . paris . i● hist. angl. anno . 〈◊〉 gul●●l . 〈◊〉 l. de 〈◊〉 talibus 〈◊〉 ast . s. ●●ustin . 〈◊〉 char. 〈◊〉 k. ●●●elbert ● . ●●ainst ●●●●ders 〈◊〉 abbey 〈◊〉 or 〈◊〉 . . harpe●sel● hist. angl. saculo . c. . ex mariano scoto . k. kenulfus gaue his charter to abindon by authority of the pope . the instance of k. edvvard the confessors charter examined . alredus 〈◊〉 in 〈◊〉 s. edo●●●ds . ●●●g ed●●rd the ●●●●●ssors ●●●●ection 〈◊〉 the ●●pe . 〈◊〉 . 〈◊〉 s. ●●●vards 〈◊〉 . cap. . rom. . rog. houed . part . ant . al. in vit . hen. . ioan. fox in act. & monument . the 〈◊〉 of 〈…〉 king edvvards gouernment 〈…〉 ch●●ch vva● by 〈…〉 . se● baron . 〈…〉 . the k. of spaine his ecclesiasti●●ll iu●●●●●●tion 〈…〉 notes for div a -e hovv little m. attorney proueth . ten demonstrations be●o●● the conquest . of the lavves made by auncient kings before the conquest . malmes . l. ● de gestis regum anglorum c. . in i●● . differences of lavves and lavv-makers before the conquest . fox acts and mon. pag. . see the conquerours ecclesiasticall lavves cap. sequent● . what the 〈◊〉 , he● 〈…〉 . fox vbi supra . * cap. . roger hodon par . . annal. in vita henr. magna carta cap. . confirmation of churches libertyes in england . articuli cleri an . . edvvard . ● . 〈◊〉 the 〈◊〉 eccles●●●●ca 〈…〉 coun●●●●●ine 〈◊〉 from 〈◊〉 , but 〈◊〉 p●e●●● . see bede lib. . histor . angl. c. ● . of recourse made to rome presently after our english church vvas founded . ibidem . the ansvvere of pope gregory cōcerninge french bishops . beda lib. . hist. cap. . & grego● . in regist. lib. . c. . 〈◊〉 grego●●●● com●i●sion to augu●●ine . bede lib. . hist. anglicana cap. . the conuersion of other kingdomes after that of kent . anno . anno . anno . anno . anno . anno . ●up . cap. . ● . ●cclesia●ticall ●●vves all ●●ne , though in ●●●serent ●ingdo●es . m. attorney his euasion ansvvered . that all ecclesiasticall vveighty matters vvere referred by our kings & people to rome . ● . augu●●ine appointed his succes●ors by or●●r & au●horitie to rome . anno do●●ni . 〈◊〉 lib. . 〈…〉 p . anno . 〈◊〉 de . hist. ● ethel●●rt and sebert ●ovv they ●epended ●● rome . k. eadbald an apostata reclaymed . beda lib. . hist. cap. . autho●ity giuen by the pope to make bishops in england . malmesb. in fas●is . anno christi . k. edvvyn demaunded bishops frō rome . beda lib. . ● cap. . pope honorius his ●riuiledges graun●ed to k. edvvyn . anno domini . bede lib. . hist. cap. . bede ibid. anno domini . the pope sendeth reliques to the king and qeeene & promiseth an archbishop . bede lib. . histor . anglican● c. . abbott adrian . theodorus sent for archbishop of canterbury anno . ●eda lib. . ●●st . cap. . a happy ●ate of ●he english church . malmesb. lib. . de regib●s anglorum c. . k. edgar sent for authority to rome to reforme the clergie . m. attorney challenged . k. ethelbald . see stovve anno ● . malmesb. lib. . de gest●s regum anglorum . & lib. . de gostir pontific●● . the at●●mpte of ●●ng offa againsts the ●●risdictiō of canterbury . see diuers ●auses of al●uins ●pistle to ●thelard ● malmesb . lib. . de gostis ●●●tificu● . the epistle of k. kenulphus to pope leo. the humble petitiō of king kenulphus . key of knovvledge . the determination of pope leo . for archbish . athelarde . kings and princes subiects to the archb . of canterbury ; in spirituall matters . missions made by authority of the ●●pe ●●●rent . in ●●r●n . in ●ngl . dispen●●tions of ●ost im●ortance ●●ocured 〈◊〉 rome . malmesb. lib. ● . de vltis pontifi●um in s●●thu●● . malmesb. ibidem . stovv in anno ● . malmesb. lib. . d●gestis regum anglorum cap. . alredus ri●uall , in vita d. edvvard● . polidorus & alij ●● iohan●● . tvvo ex●mples af●er the ●onquest . ●●anderus lib. . de 〈◊〉 . 〈…〉 , ●riuiled●es , 〈◊〉 of churches , monasteryes , hospitalls , &c. by the ●ope . abbott biscopus sent to rome for priuiledges . bed● lib. . hist. angl. cap. . bede t●m . . in vita s. bertolph● . the priuiledges of s. bertolphus his monastery . ceadwalla . inas . malmesb. . de g●stis ●●gum anglorum c●p . . malmesb. 〈◊〉 . adel●●us his booke of virginity . malmesb. ●● . histo●● nouella . florentius in chronico anno ● . priuiledges of the abbey of euesham . the priuiledges of s. albanes founded by king offa. math. vestmonasteriensis in historia anno . ●at . paris vita hen●●●●ter●●s ●●no . . malmesb. 〈◊〉 . de 〈◊〉 regum anglorum ●●p . . priuiledges grāted to glastenbury at the petition of k. edgar . malmes . i● vita edgar● . ingulphus in historia de cr●yland . king edgar charter confirmed the popes charter . the priuiledges of vvestminster procured by k. edvvard . alredus rieuell in vita s. edwards . anno domini . ibidem . mutuall letters betvvene pope nicolas and king edvvard . priuiledges of vvestminster vvith a terrible curse to the breakers . appeales and complaints to the sea of rome about controuersies that fell out . appeales more frequēt since the conquest . appeales before the conquest . bede lib. . historia cap. . & . s. vvilfrides appeales to rome anno . . beda lib. . histor ang. cap. . beda ibid. the second appeale of s. vvilfride to rome . bede ibid. malmesbur . lib. . de gestis pontif. anglorum in vvilfrid● . malmesb. 〈◊〉 . the epi●●le of s. ●●eodorus 〈◊〉 fauour vv●l●●id s. 〈◊〉 vvho●e he had ●mpu●ned s. vvilfrid restored to his bishoprick of york the secōd tyme. malmesb. ibidem fol. . the decision and cōmaundement of pope iohn . the humilitie & obedience of our kings in those ancient dayes . s. elflede . supra ●●m●n . . many examples of appeales . malmesb. lib. . de gestis pontif. anno . . malmesbu . de rebus ges●is regum anglor . lib. . pope formosus did excōmunicate k. edvvard the first and hovv the matter vvas amended . * this he speaketh in respec● of the cōuersation vvith danes that vvere infidells . malmesb. lib. . de gestis pontificum anglorum . decrees and ordinances of pope formosus for the church of englād . the vigilancy of ancient popes ouer england . beda lib. . ●●st angl. cap. . . & . a consideration of moment . vvhat kings archbishops & bishops liued togeather , and vvhat lavves they vvere like to make . the concurrence of kings and bishops in kent and london for the first age of english christianity . a necessary inference . the concourse vvith other kings , princes , and catholicke people abroade . the vniuersall authority of the sea of rome during the time of our christian kings before the conquest . marke the consequence . the ma●ing tributary to the sea of rome the kingdome ●● englād . the beginning of peter-pence . polidor . virgil lib. . de hist. angl. stovv in inas 〈◊〉 . k. inas his lavves in fauour of the pope . kings offa his cōfirmation of the tribute of peterpēce anno . dom. ● . the greatnes of k. offa. the confirmation of peter pence by king adelnulfe anno . dom. . polidor . 〈◊〉 . . historia . a speciall note . ingulfuri● histor . monasteri● de cr●yland fol. ● . the great care king ca●ulus the dane had that peter pence or other ecclesiasticall dutyes should be paied an . . auncient lavves against m. attorney . alredus in vita s. eduard● . s. edvvards confirmation of peter pence and other duties an . . r●●●rius houiden par . . annal in vita henries . peter pence confirmed by the cōqueror anno . peter pence continued after the conquest vntil k. henry the eight . anno domini . the going of diuerse kings and princes to rome , for deuotion to that sea. * supra demon. . acts and monumēts pag. beda lib. histo . augiscana cap. . the admirable ●oing of 〈◊〉 kings to rome . s. egvvyn bishop of vvorcester . supra d●mon . . platina ●● constantino pp . floren. in chron. anno . malmesh . lib. . de gestis regum anglorum . beda lib. . hist. angl. cap. . k. inas his going to rome . the history of ceadwalla his going to rome & dying there . beda ibid. the seruour of english men tovvardes rome in these dayes . an euidēt deduction out of the premiss●● . the assertion and asseueration of diuerse kings for preheminence of spirituall povver . apud harpesf●ld●● in histor . angl. sacul . . cap. . ex asserte menem . florentino & marianus in anno . ● . apud alridum retuallo s●r● de regibus angli● . an excellēt speach of k. edgar to his bishops , cōcerning reformation of the clergie . tvvo svvordes of s. peter and constantine acknovvledged by k. edgar . rogeri●● houeden part . annal . in vita henries secundi . vvilliam conquerors iudgement of this matter . q. eleanor anno . . blesensis epist. . tertull lib. de pudiciti● cap. . cyprian de vn●ala ecclesia . notes for div a -e the conqueror began his raigne . and raigned . yeares vnto the yere . k. vvilliam boisterous , but truly catholik . florent . ● . s●ovv . an . ● . in vita guliel . conquestoris boisterous actions of k. vvilliam . ex registro . apud bar. in annal. anno . . ex epist. lanfran . apud baro● an. . the pitifull state of englād for manners vnder the conqueror . the desire of lan●rank to ●●e ●id of ●his charge . lanfrankes feare of the conquerors ●●ough ●ature . 〈◊〉 an . . ●he con●●erours ●●ni●ent ●●each at ●●s death . satisfaction . stovv ibid. greg. septimus lib. . epist. . a sharpe reprehension of pope gregory the . to the conqueror . ibidem . epist. ● . the arguments of k. vvilliā against harold . matth. vvestmo●ast . anno . . malmesb. lib. . in vita guhelme conquest . stovv in the life of harold . k. vvilliam offered to stād to the popes iudgement for his crovvne . lan●b●●t . in chron. anno . deposing of stigand and other bishops by authority of the pope . malmesb. in vita guliel . . in epist. lanfranci apud baronium in an . . lanfranke proposeth his doubts to the pope . the palls of englād accustomed to be taken at rome . sea baron . in annal . t●m . . an . . malmesb. l. . hist. in vi● . gui●l . baron ●● . . stovv 〈◊〉 . . a councell gathered by the popes cōmaundement . stovv an . charters frō rome confirmed by the king. stovv in anno . . ●xfra mentis de vita gu●e●●i . the conquerors accusation of his brother for n●●ting the church . stovv ibid●m . r●g . houeden . annal pa●● . . in vi● . hen● . . fol. . vvhat the peace of the church is . tvvo svvordes the one subordinate to the other . the priuiledge of ecclesiastical men in tēporal courtes . tenant● of the church priuiledged . diuer● other lavves . sāctuary . breakers of priuiledges . tythes . peterpēce . the conquerors humility tovvards his archbishop . nu●e●g . re●u● anght . l. . c. stovv in vit . guliel . in sine . the conquerours last speech of his deuotiō tovvards the church . . ● . . ●● . qua●●●●pedes . . m. attorneyes instance of no force . povver vvaies by vvhich a lay man may confer benefices . appropriation of benefices . sup. cap. . demon. . collations of benefices , cap. intet , & cap. licet , extrau . de trāslat . epise . & extrau de electione , cap. cum in cunctis . * extrau . de elect . cap. postquam & cap. intet canonicos . & cap. scriptum est . ex capite , qualiter extrau . de elect . election confirmetion and consecration of a bishop by vvhomel extrau . de postula one prelatorum , cap. pennl . cap. vlt. extrau . de iure patronatus . glossa dist●n●● . . cap. quāto . & extrau . de postul . prelatorum , cap. bonae memoriae . inuestitures desired by princes but denyed by popes . bald. l. rescrip . in penul . col . in versi● . et ideo rex angl. ●od . de preci bus imper. auferēdis . . de●●n . cap. prater 〈◊〉 , paragraph vetum , & d●stinct . cap bene quidem . . ioan. . notes for div a -e k. vvilliam rufus began his raigne an . . and raigned . yeare , to an . . k. vvilliam rufus a good king for a time . florentius vvigorn . an . . in annal . anglis . stovv an . . guliel . rufi . cōmendation of s. anselme . malmesb. l. . de guliel . . florentius an . . malmesb l. . de g●stis pontif. edmerus in vita anselm● . s. anselm his pall brought him from rome by the popes legat. s. anselm his plaine dealing with k. rufus vvalsing i● ypodig . neus●ria an . ● . the pitifull death of k. rufus . k. henry the first began his raigne an . and raigned years vnto . florent , in chron. an . . the good beginning of k. henry the first . in vita henri●● primi . pope pascalis his letter to k. henry the first . malmesb. li. . annal in vit . hen. . florent 〈…〉 an . . s. anselm and the king reconciled . prosperous successe of k. henry vpon his amendement . flo●ent . vv●●● . in chron. an . . malme●b . in ●it . hen. . l. . hovv k. henry of cōscience resigned inuestitures . houeden . part . . a●nal . fol. . the meeting of k. henry and pope castus at gesòrse in normādy . mal. lib. . annal . in vita henr. . polid. virgil . l. de inuento●ib . retū . gratian disti●● . . cap. . adrian sigebert in cron anno . . baron in annal . an . . the beginning of inuestitures by secular princes . the vse of inuestitures graunted only by the se● apostolicke . malmesb. l. . hist. in vit . ●en . ● . fol. . a consideration of much moment . florent in ●●on . 〈◊〉 ● . & . diuers proofes of k henry acknovvledging the popes supremacy . the charter of hen. i founder of the abbey of reading in the . yeare of his raigne and an dom. . vveake and impertinent proofe . founders had authority to giue charters . supra cap. ● . this in●●●nce of ●o valevv . supra ibid. k. stephen began his raigne an . ●● . and held it ● . yeres and more , vntill ●● . vncertainty of humane designement● . malmesb. in stephene . malmesb. l. . hist. nouell . malmesb. ibid. the oath of k. stephen for the libertyes of the church . malmesb. ibid lib. . nouell . inconstancy of king stephen by euill coūsailors . a violent act of k. stephen . malmesb. ibidem . the k. cited to appeare before the bishopps . the kings plea by his attourney before the bishops . k. stephen grāted an appeale to rome but doubteth the same . differēce betvvixt k. stephens attourney and ours . ibidem . florent . an . ● . vvalsingh . in ●pod●g . neustriae , an . . vvilliam archb. of york the kings nephevv depriued by the sea apostolick . nuberg . l. . hist. caep . ● . & . pol●d . l. . hist. versus finen● . be●●ard . epist . ●● . & & . . & . notes for div a -e this king raigned from the yeare . vnto . vvhich vvas . years . k. henry his temporall greatnes . nubergens . l. . c. . the same handleth much more largely petrus bles●●sis , archdeacō of bath , that vvas his latin secretary many years . epist. . k henry punished in that vvherin he tooke most delight . rhetemag & lexomen epist and henr. ep●●t . apud ble●●●s . ●ct . blese● epis●●la . excōmunication threatned to the queene . stovv in v●● . henr. . nuberg . l. . . . k. henry his lamētable end . his vertues . lavves attempted by king henry against the church . k. henry vehement contentiō to haue these lavves take place . 〈◊〉 . port . . a●nal . in ●● . . k. henry the secōd made legate of the pope . k. henry his humility to the 〈◊〉 apostolick . k. henry himselfe appealeth to the pope . houed . part . annal . in v●● . h. . k. henry appealeth the secōd time . k henry commeth from ireland to appeare before the popes legates . pet. bloson . epist. . the purgation & absolutiō of king henry . a circumstance notably cōmending the true obedience of k. henry to the church of rome . pet. ●●esen . ●pistola . a letter of k henry the secōd to the pope vvritten in great affliction . stovv a● . . k. henry founded al his state vpon the popes authority . houed . in vi● . hon. . vvalsing . in ypod●g●● . noustr . an . . di●erse things done by authoritye of the pope in england . the straites vvhervnto king henry vvas driuen . vvasing in ypodig . 〈◊〉 an . ● . k. henry strangely deliuered . the earnest and ● syncere penaunce● of king henry . the vvonderfull successes of k. hen. vpon his penance . see nuberg . l. . hist. ● . . & . & ● blesensi● epist. . this king raigned from the yere ● . vntil . that is . yeres . misfortunes of k. richard. king richard deuout and obedient to the church of rome . see blesen . epist. . ad celest. pp . reg. ho●ed . part . . annal. in vit . rich. . king richards behauiour & oath at his coronation . king richard goeth to ierusalem by the popes procurement . the kingdom commended to the popes protectiō . see houed . and math . paris anno . . houed . i● vit . rich. . fol. . diuers appellations from the king to the pope . houed . ibid. fol. . king richard sent his mother to rome to entreate the pope . houed . part . an. pag. . houeden . ibid. fol. . king richardes letter to p. clement the . pope celestines letter to the realme of england . the bishop of ely fauored & defended by the pope and the king. nubergens . reiū angl. l. . cap. . geffrey the kinges brother by authority of the p. made archbishop of yorke . nubergens . ibidem . cap. . king richards fortunes letted by his brothers ambition , & enuy of the k of france . king richards captiuity in austria . see pet. blesen epest . . ad celest. pp . q eleanores cōplaints vnto pope celestinus . ●les . epist. . q. eleanora her petition to pope celestinus . ibid. epist. . matt. . epist. ● . ad celest. ●p . the speach of the archbishop of reane in k. richards behalfe cōcerning s. peters povver . sap. ●●p . . 〈◊〉 . a manifest inference vpō the premises against m attorney . hou●d in vt . r●●● . . fol. . hovv small and little spirituall iurisdiction king richard pretended . paris . i● vit . rich. . hunting and hauking reproued by the pope in our english bishops . ●●u●d . in vita ru●ar . . fol. . ibid. fol. . geffrey restored to his bishopricke by pope innocentius . disgust & appeale of the archb. of roane against k. richard. this king began his raigne an . . and raigned . yeres vnto an . . variablenes of k. iohn . the pretences of the dolphin of france to england . k. iohns obeyng , the sea apostolick . houed . . part . annal. fol. . k. iohn pretended no supremacy ecclesiasticall . a councel h●ld against the kings prohibition . houed . in vi● . ioan. fol. . the piety of k. iohn in the beginning of his raigne . k. iohne humility and liberalitye . k. io●ns mutation to the vvorse . see vvalsing . in ●pedig anno . . and math. paris anno . . the first occasiō of k. iohns breach vvith the church & churchmen . great offence and indignation of k. iohn against clergie men . houed . ibid. many vvish that pope innocentius had dealt more myldly vvith k. iohn . extreme acts of k. iohn in his indignation . paris . in vit . ioan. an . . paris . ibid. an . . math paris ibid paris anno . . in vit . ioan. king iohn offered subiection to the k. of the moores . the strāge cōtrariety of king iohn . the aydea that king iohn receaued from p. innocentius . the church-liberties confirmed by k. iohn and the pope . paris . an . a● . see fox & his pageants of the toade skinned to prepare the poisō , vvith other circūstances pag. . of his acts and monuments . all anciēt english lavves against m. attorney . notes for div a -e k. henry the third began his raigne and dyed anno . ● ● . hauing . yeres . the coronation & beginning of king henry the third . math. paris in vit . hen. . an . . temporal homage done to the sea apostolick by king henry the third . bles epist. . ad alex. pp . vvalsing●m in 〈◊〉 nous●ria anno . . ibidem . k. henry obtaineth of the p. to be accompted of ful age . paris in 〈◊〉 hen. . an . ● . the beginning of the great charter for church priuiledges . vvalsingh . in vi●a edvvards prim●● initi● . e●ypodig . n●u 〈◊〉 an . . the deuout behauiour of k. henry . conferēce betvvene k. henry aud s. levves k. of france . paris anno . ● in vst . hen. . the vtilities by our english kinges deuotion to rome . paris ibid. the ciuil vvarrs of england vnder k. henry the third . the points vvherin the soueraignty of the sea of rome vvas seene . the manner of ecclesiastical elections vnder k. henry . the manner of placing a bishop of durham . paris in vit . henr. . an . . . an other example of the prouision of the church of canterbury . ibidem . richard of canterbury appealeth to rome against k. henry . . paris an . . in vit . henr. . tvvo elected archbishops of canterbury refused by the pope . paris anno . . hovv obedient k. henry vvas to the sea of rome . cōplaints of english-men against strāgers● in england . math. paris . anno . . the louing and obedient letter of k. henry vnto pope innocentius . cōplaints made to the councell and pope himselfe of abuses . paris anno . . the popes seuerall orders for prouiding for englishmen . generall consent of vv●●ting to the sea of rome for remedye of agrieuāces . math. paris . anno. . the beginning & originall cause of al restraints . mag. c●art . cap. . the statutes of k. henry all in fauour of the clergye . . h. . tit . prohibitiō . . h. . ibidem . . . h. . tit . prohibitiō . regist. fol. the explication of the lavv . stat. an . . 〈◊〉 . . cap. . spirituall co●●tes superior to the tēporall . hovv spirituall courtes are the kings courtes . m. attorneys inference hovv it holdeth and holdeth not . diuers examples ouerthrovving m. attorneys commentarye . paris anno . ● . the king obeyed the bishop of london in restoring earle hubert . paris . ibid. k henry obeyed the b. of london in spirituall matters . the bishops refuse to excommunicate at the kings appointment . paris . anno . . s. edmōd archb. of canterbury threatneth excōmunication to the king if he obey him not . paris anno . . pag. . k. henry obeyed the deane of paules in spirituall authority . the statute of merton . an . . hen. . this instance proueth nothing . see the code l. . tit . . log . . constant & lib. . imper. ze . & lib. . imper. iustin. & nouell . constit . . de natural . liberis . §. siquis igitur . &c. lib. . decret . tit . . cap. . * cap. cōquestus est . * cap. . per venerabilem . ilidom . cap. . causam quae . m. attorney mistaketh and mis-relateth the matter . notes for div a -e this king began his raigne an . . and raigned . yeares vntill . stovv in vita edouards pr●●● . king edvvard surnamed long-shanke . deuotion of k. edvvard . magna charta . vvalsingam in vitae edvvards p. anno . . king edvvard praied and gaue almes for his queenes soule . crosses erected . vvorkes of piety of king ●dvvard . vvestmon . in he● . or maiori in vita edou . primi . vestmonasteriensis anne . a pious & patheticall speach of king edvvard . king edvvardes occasions of dealing in vvales and scotland . vvalsingam anno . . in vita edouards . king edvvardes mutabilitie in keeping priuiledges . math. vestmonast . & vvalsingam anno . . math. vestmon . an . . violent proceeding of k. edvvard . a sleight of k. edvvard against the clergie . in anno . . a knight sent to force the monkes of vvestminster to yelde by feare to the kings vvill . in meere spirituall things the king neuer made difficulty to obey the sea of rome . vvalsingam . eodem anno . diuers bishopricks disposed of by popes vnder k. edvvard the first . king edvvardes deuotion tovvards the first pope in auinion . king edvvard accused the archb. of canterbury vnto the pope . vvestmonast . eodem anno . the great respect borne to the sea of rome by king edvvarde . an embassadge sent by k. edvvard to excuse himselfe to the pope . thomas vvalsingam . in an . . the manner of vvriting of k edvvard and his nobility to p. bonifacius . math vestmonaster . & thom. valsing in an . . & . king edvvards lavves in preiudice of the clergy of england . vide edo . . ●● . ass pl. . brooke tit . premunire pl. . note this vvas vva ●y the common-lavv of england before any statute made . cōmon-lavv must haue some birth or beginning vvestmonasteriensis an . . a cleere ouerthrovv of m. attorneys assertion . in vvhat sense the publishing of a bul might be punished in k. edvvards dayes . reportis fol. . . 〈◊〉 ● . tit . ●●com . . ● instance . edouar . tit . quare non admisit . . vide . edou . . . note . . ansvvere . cōmon-lavves imagined but not extant . anno ● . edouards ter●●i stat . . cap. . seasing of bishops landes . anno. . edo . . stat . . pro clero . hovv bishops might be punished for not admitting the kings iust presentatiō . supra cap. praeced . the archbishop of canterbury depriued of his spiritual iurisdiction by q elizabeth : anno . . the statu●e of 〈…〉 an 〈…〉 vnderstoode & in vvhat sen● should ●e receiued & allou●ed h●ere . lib. . decretalium gregorie . tit . . the decree against bigamy . in decre alium ●●● tit . de bigamis . the true state of the case and doubt risen in england . a poore commentary and shifte of m. attorney . hovv m. attorney straineth the ●ext to helpe himself . instance . statutum de anno . . edou● . . carlile . vide . edouar . . tit . essom . . nota. the first attēpte vvas to vsurpe vpon such ecclesiasticall things as appertayned to the clergy of england , vvho at that tyme stood in great avve of the church of rome . the ansvvere to the fourth instance of m attorney . incōueniences by promoting strangers in england . diuers agreemēts for prouision of benefices . vvest monast . anno . . remedy sought from the pope himselfe . vvalsing . ibidem . see statute anno . . edouards . . the statute of carleile maketh nothing for m. attourney . this king began his raigne an . . and raigned . yeres to vvitt , vntill . ancient english vvriters vvhen the end . vvalsing , in 〈◊〉 . . stovv in edouardo p. ●●●ine vita . the ill successe of king edvvardes marriage ●n france . the suppression of the knights of the temple . vvalsi●gam in . storia ed●u●r● . anno . & ● . ●o●dor & stovv ibidem . recourse made to the pope by englād and scotland in their greatest controuersies vvalsing . anno . . & . the ● . of canterbury made by the popes prouision . the bishop of hereford taken frō the barre by ecclesiasticall authority . the statute of edvv. . articuli ●l●●i cap. . eos the ordinance of circumspecté agatis ●do . . so this effect . ●y this statute of the ● . of ed. . and . of edvv. . cap. . . e. . cap. . and by other statutes heretofore mentioned ; the iurisdiction of the ecclesiasticall courtes i● allovved & vvarranted by consent of parlament in all cases , vvherein they novv haue iurisdiction , so as these lavves may be iustly called the kings ecclesiasticall lavves , or the ecclesiasticall lavves of england . statut. de consult . editum an . . e. . the explication & true meaning of the former prouision . 〈…〉 ●●d●●ations 〈◊〉 anno . . edouardi . . 〈◊〉 . 〈◊〉 . ● . cap. . different courtes shevv different origen of authorityes . m. attorneys common refuge refuted . notes for div a -e these . kings made most restraints . the punishment of these tvvo princes and their posterity for their violence vsed tovvards the church particular motiues of k. edvvard . for proceeding as he had . vvalsingam in vit . ed. . anno . ● . the kings letter to pope clement the sixt . the complaint & reasons against prouisions frō rome . * sup. . ● . ● . vvalsingam 〈◊〉 vita edouards . . the humble supplication of king edvvard to the pope before he made his restrictiōs king edvvardes great embassage vnto the pope . king edvvards protestation of obedience for himself and his . the contin●ance of the popes pro●●●●● in england . vvalsing in vita ed ● . an . . diuers other examples . the lavve of premunire . polidor . hist. angl. lib. . a concordate betvvene the pope and k. edvv. for prouisions . supra . cap. ● . ● . . . instance ● . . 〈◊〉 excom . . . ansvvere . vvalsing . in vita edou . . anno . . ● instance . in the raigne of ed. . ● ansvvere . snpr● . fol . the common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto . this instance maketh against m. attorney himselfe . . instance . ● . . . . e . en●o●●● . . e. tit . b●●u . . e. . ● . h. . . f●●z . na. br . . ed. . ●●t . excom . e. . . fol. . . e . l. ass pl. . . ed. . fol . fitz na. br. fol. . the ansvvere to the first & second . 〈◊〉 . king ed●vard did not giue episcopal iurisdictiō supra cap. . & . the saying of the emp. valentin . supra cap. . supra cap. . to the . trifling obiectiōs . to the . to the sixth supra cap. . m. attorneys case plaine against himself . the . instance . . e. . l. ass . pl. . . h. . h. . . . h. . fol. . . h. . . h . . . ed. . . e. . fitz. na. br. fol. e. vide . e. . fol. . hereafter fol. . it ought to be determined in the ecclesiastical courtes of englād . . e. . tit . exco● . ● . . tit . ayde de roy . the ansvvere . bulls from rome not admitted except they come certifyed frō some prelate at home . s●● sup. cap. . kings are capable of ecclesiasticall iurisdiction by commission . the ● . instance . . ass . pl. . see the stat . of . e. t. c. . . e. ● . c. . . ass. pl. . . e. ● . tit . pramunure . . . e. . l. ass. pl. . the ansvvere . some things may belōg to differēt courtes in different respects . supra in 〈◊〉 . ● . vvhy the abbot of vvaltam vvas seuerely punished . the ● . instance . the summe of the first restraint about prouisions . stat. . e. . de prouisoribus . the ansvvere . agreemēt betvvene the king and pope about prouisiōs . vvalsing . in vita 〈◊〉 . an . . see s. bernard a● 〈◊〉 , ●l . . de consideracione ad eugeni●● . of the reasons & manner of cōcluding these restraints by k. e. the . king edvvards restraints diminished not his devv respect to the church an. ● . e. . ●tat . . stat. ● . cap. . . e. . ● . . the disordinate life of k. edvvard the third . vvalsing . in vita edouardi . an . . this king raigned years frō . to . the causes of k. richardes disorders . king richard often confirmed the libertyes of the church . the practice of church-libertyes by clergy-men vnder k. richard the second . respect borne by king richard to the true pope . . rich. . cap. . king richard obeyed the censures of the church . vvalsing . an . . m. attorneys instance out of this k. raigne . the crovvne of englād not subiect to any in temporalityes . in vvhat sense the bishop yelded to the statute of premunire . notes for div a -e k. henr. . raigned . yeares , from . to . stovv in kent . . h. ● . raigned ten years from . to . richard earle of cambridg henry lord scroope treasurer . edmond earle of march &c. h. . raigned yeres from . to ● . polidor . lib. . hist. aug● . in hen. . vvalsing . in vita henriei . an . . english prelates sent to the councell of cōstance . lavves for executing of lollard and vvicklifists . first instance . . h. . fol. . the ansvvere . hovv bishops may be called the kings spirituall iudges . supra cap. ● . instance fitz. nat. 〈◊〉 . . this had a resemblance to an . attainder of treason , ●herin there must be first an ind ctment by one iurie and a conuiction ●y an●ther . . h. . . the ans●●re . tvvo condemnation not euer necessary in case of h●resy . m. attorneys marginal note reproued . in cod. l. manicheos l. arriani l. quicunque & apud paul. diacon . l. . & . * see cap. ad abolendum , & cap. excōmunicamus extra . de haeret . & in . de heret . cap. super co . . dec●et . l . 〈◊〉 . . de liçreticis . an. . decree of pope gregory the nynth about proceeding against heretickes . causa . . q. . c. si quia tumidus . ex con . . carthag . hovv the pope in old time might alter english lavves . instance . h. . fol. . . . h. . f. . vide . e. . l. ass pl. . before vide . e. . certificat . . vide . h. . . . h. . . . e. . fitz. na. br. . ff . . h. . . statut. de . h. . cap. . ansvvere to the first . to the second . vvhence bishops courtes haue their authority . * r●portes fol. . & . to the third . the king may commaund the bishop to doe his duty . to the fourth . instance . stat. . h. . . the ansvvere . against brybing in rome and other like abuses . the first insta●ce of the attorney . stat. de . h. cap. . the ansvvere . this statute maketh nothing for m. attorney . statut. de . h. . ● . . l●llardy a ●olio . for as cock●e is the 〈◊〉 of the corne , so is heresie the destruction of true religion . statut. de . h. . c. . the ansvvere . vvhy tēporall iustices medled vvith lollards . vvalsing . in vita he●ri●s . vvhence the name of lollards vvas taken . the three conuersions of englād . part . . ●ap . . nu . . & cap. . num . . . &c. for in his booke , of acts and monuments pag. . ● . h. fol. ● . h. . fol. . h. . ● . to the first . bull● could not be promulgated vvithout the certificate of a bishop . to the second . see supra cap. . to the third . notes for div a -e k. ed. . raigned . . yeres , from . to . syr thom. more in ●it . richards . . 〈◊〉 ● . richard . raigned from ● . to . k henry the seuēth raigned from . to . to vvit . yeres . all fovver princes agree in our controuersy . the first proofe . the secōd proofe . fox in his acts and monuments . the third proofe . foxie vita edonar . . ●uhar . . & honrisi . the fourth proofe . polidor . in vita hen. . the first instance . . h. . . the ansvvere . hovv the cause of sanctuary might be handled by temporall iudges . the secōd instance . e. ● . vid● fuz . na. br. fol. . h. agreeing heervvith . note the ansvvere . the third instance . e. . . the ansvvere . vv●o must iudge vvhether a fellon deserue the benefit of clergie . the instance . . e . fol. . the ansvvere . s●a . rich. . cap. . hovv the popes excommunication had place or not place in england vnder k. ed. the . . rich. . fo● . . vvhy catholick kings somtymes prohibited the entrance of the popes legates . the fifth instance . . henr. . . st●tut . de . h. . c. . . h. . . . h. . the ansvvere . to the first point . to the secōd point . the great authority of english prelates . to the thirde point . hovv a king is persona mixta . supra● cap. . supra cap. . to the fourth point . bastardy a lett to priesthoode . * dist. . cap. . &c. . & vl● . de filijs presby & . decret . tit . . cap. . supra . ● . vvho can dispense vvith plurality of benefices . k. henry the dyed and liued in the religion of all his ancestours . notes for div a -e the causes of alteratiō in the time of k. henry the . supra . . . & . k. henry the . raigned from the yere . to . to vvit ● . yeares . k. henries booke against luther . anno domini . henr. . in defens . sacram . contr . mart. luther . henr. ibid. k. henryes argument of antiquity and consent of the popes supremacy k. henries argument of impossibility . . cor. . k. henryes innectiue against the incōstancy of luther . an. . good offices of k. henry cōtinued to the pope after the vvriting of his booke . by vvhat degrees k. henry fell to breach vvith the sea of rome . the first breach with rome . reports fol. . stat. de . ● . h. . all committed to the body of the english clergy . all committed to the archb. of canterbury . k. henry subiected himselfe to the archb . of canterbury . the gradation vsed by k. henry is assuning the supremacy . a confideration of importance . caluin . cōment . in cap. . amos . k. henry as supreme head condemned the protestāts religion for heresy . see statut . an . . h. ● . cap. . vvith vvhat mature deliberation k. henry as head of the church condemned the protestāts . an. . an. . the headship of k. henry fitteth not m. attorney . a doubte moued by m. attorney and sl●nderly ansvvered . reportes fol. . this appeareth by the resolution of all the iudges in . h. ● lib. keylvv . ●o . . and this vvas longe before any ●ct of 〈◊〉 vvas made against forra●ne iurisdiction ●● k. henry . ecclesiasticall lavves made subiect to euery particular mans calumniation . a great vntruth that clerkes vvere not exempted from temporall iudges . vvestmon . . cap. . an . . ed. ● . tvvo instances against m. attorney vnder k. edvvard the first . statut. de bigamis cap. . an . . ed. . articuli cleri cap. . an . . ed. ● . . ed. . pro cler. cap. . & . f. . pro clero cap. . & . & . h. . cap . harp●s●l ex ar●h●●● cantuar. sae●ul . ● . cap. . in vita thomae arundellij . gaston chief iustice refuted to sit in iudgement vpō an archbishop . paris an . . sub . henr. . clerkes deliuered from secular iudges in king henry the third his time . idem . an. . vvalsing . in vita edouardi tertij an . . king edvvard the sixt raigned six yeares frō . vnto . see statut . an . . & . edouardi sexts . supra cap. . spirituall iurisdictiō could not be deriued from the child-king galat. . an eu●siō refuted . different origens of tēporall and spirituall anthority . * see supra cap. . & . a stat. . ed. . cap. . b stat. & . ed. & . & . cap. . c stat. . ed . cap. & . d st●t . . & . ed. . cap . e ●tat . . ed . cap. . queene mary raigned six yeares from . to ●● . queene mary restored all to the ancient vse againe . thomas cranmer the first hereticall archb. of canterbury . q. elizab. raigned . yeres from . vnto . vvhat moued q. elizabeth to make a nevv change . pope clement . & paulu● ● . crafty dealing to moue the queene to accept of the supremacy . adulatory speeches for imbarking the queene . the speach of lady eli●●● vvi●● 〈◊〉 of q. maries 〈◊〉 coūsellours . * syr ● an●●●nglese●d . the duke of fer●● his letter to bee seen in the k. of spaine● 〈…〉 a●●hiuiū ●●●hetov●n● of ciman●a● . doct. harding in his epistle to the queene . an , . an other protestation of q. elizabeth about the reall presence . q. elizab. conferēce vvith mōsieur lansack . * to the old l. mōt●gue . the earle of southampton and others . q. elizab. ovvne inclination tovvards catholick religion . d. harding vbi supra . q. elizab. dravvne to great extremityes against her catholicke people . notes for div a -e m. attorneyes iniurious conclusiō● . a false ●harge of ●he attorney . see the booke of dangerous positions l. . c. . imprinted at london an . . ibid. l. . a. . the first recusancy of puritanes . ho● many catholicks vvere recusants from the beginning see the booke intituled reasōs of refusall . consider vvell this reason . reportes ●ol . . false and iniurious calumniations . fol. ● . manifest slaunderous vntruthes . fol. . the protestations m. campian . shervvyn and others at theire deathes . m. attorneys idaea plat●nica of ancient cōmon-lavves . a scruple ●f con●●iēce vr●●d vpon ● attor●ey . vntrue informations of m. attorney vnto his maiesty . august . in enchiridio c. . . & . lib. de fide & operibus c. . . . & lib. . de ciuit. de● . c. . & in psal . . & alibi . supra in praefat. false causes deuised of catholicks constancy . only conscience stayeth catholicks from follovving m. attorneys current . luc. . rom. . eus●b . l. . c. . histo . eccles. the iudgment of constantius touching such as dissembled in religion . some points of consideration . * the booke of three cōuersions . an important deliberation . rom. . no substātiall reason can be alleadged vvhy vve should rather be of one religion then of an other . the definition of heretickes . no groūd or stay in sects or nevv opinions . * august . contra epistolam fūdom . cap● . cyrill ca●ech . ● . hovve great and grieuous the sinne of heresye is . ● . thom. ● . q. . ●● . . tit. . in the beginning of both the examens of fox his calendar . d. thom. . quast . . art . . a similitude to be vveighed and considered . athanas. in symbol● . august . lib. ●●●●●esi u● 〈◊〉 quod. 〈◊〉 deum ● seuere ●●ntence 〈◊〉 augustine a●●●lt the 〈◊〉 heresies that ●ay be . the perils that arise by the insolency of some priuate men . men brought into despaire forget all reason and duty . the exul●●ration 〈◊〉 m. attorneys booke . a pro●●ise not ●●●forma●le . . regu● . . isa. . the daūger and damage of disperso● the finall conclusion of the vvhole .